u 760 ^ >*~N LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIFT OF A I Q Class ON THE SOCIAL STANDING OF FREEDMEN AS INDICATED IN THE LATIN WRITERS PRECEDED BY A DISCUSSION OF THE USE AND MEANING OF THE WORDS LIBERTUS AND LIBERTINUS BY JOHN JACKSON CRUMLEY PART I 3 Dissertation SUBMITTED TO THE BOARD OF UNIVERSITY STUDIES OF THE JOHNS HOPKINS UNIVERSITY IN CONFORMITY WITH THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY 1904 UNIVERSITY OF BALTIMORE J. H. FURST COMPANY 1906 INTRODUCTION. The primary object in this investigation is to collect the materials upon which may be founded an historical survey of the social standing of the Roman freedmen. This aspect of the freedman' s life has been touched upon by various modern authorities while dealing with other matters ; but no complete treatment of the sub- ject, which follows the method here attempted, is known to me. Rome was a state in which slavery was, from first to last, an established institution. Under such conditions, the social standing of any freedman may, in a general way, be taken for granted. The influence of race, of character, of ability, would at best be slight ; and traces of them wherever they occurred, would call for careful examination. Social position is not necessarily affected by civic rights. For that reason those aspects of the bondsman's life, (to which many scholars have already devoted their attention), are touched upon here only where they appear to have some bearing upon the sub- ject in hand. It was enough that the freedman was a freedman. The question then seems to be whether the effect of this opinion upon the man's social standing varied at all at different times and under changed conditions, and if so, what the causes were. With this end in view, I have examined the Roman authors from Plautus to Suetonius as well as some of the more important later works, including the law codes. The inscriptions are also important in this connection but it was found necessary to omit them, at all events, for the present. A necevssary preliminary to my investigation is a discussion of the use and meaning of the Roman words for a freedman, libertus and libertinus. This is the more necessary because the distinction between them is even of greater importance here than it is in any other phase of the subject. This study of libertus and libertinus must also be prolonged at some length, owing to the fact that dis- cussions of these words began among the Romans themselves, and that no small portion of the modern literature on the duties and privileges of Roman freedmen is affected by differing conceptions of the meaning and value of the words by which they were designated. 1 1 Only the discussion of the words libertus and libertinus is herewith presented. LIBERTUS AND LIBERTINUS IN LITERATURE. Two words were used by the Romans to designate a freedman, libertus and libertinus. Both of these appear in the earliest extant Latin literature and both continued throughout the entire history of the language. As regards the meaning and use of libertus, there seems to be practically no difference of opinion. Isidor., Orig. 9, 4, 47, defines libertus as follows : Libertus autem vocatus quasi liberatus. Erat enim prius iugo servitutis addictus. All classical writers, as we shall see below, seem to have used the word in the sense of f a man that has been freed from slavery/ and modern authorities, so far as I know, give it this interpretation ; but they say that it designates the freedman only in relation to his patron or manumittor. Some add that it is either always used with a genitive or a possessive modifier referring to the patron, or that we must mentally supply such a modifier. 1 There is no such unity of opinion concerning libertinus, and the discussion of this word dates back to the time of Suetonius. Suet. Claud. 24, Ignarus temporibus Appii et deinceps aliquandiu liber- tinos dictos, non ipsos qui manu emitterentur, sed ingenuos ex his procreates. Isidor. Orig. 9, 4, 47. Libertorum autem filii apud antiques libertini appellabantur, quasi de libertis nati. Acron on Hor. Sat. 2, 3, 281. Libertinus. liberti films. Schol. on Ter. Adelph. 896, in Hermes 1867, II, 401, (quidam) libertinos volunt esse iam ingenuos, ut pote de civibus (libertis) Romanis natos. Schol. on Ter. Eun. 3, 5, 60, (Schlee, p. 105), Libertinus filius liberti. The writer of the following passages in the Theodosian Code, 1 Cf. Momm. Staatsr. 3, 422 ; Smilda, Suet. Claud. 24 ; Krebs-Schmalz, Anti- barb. ; Valla Elegant, iv, 1 ; and the dictionaries. Libertus and Libertinus. -5. though he does not define the terms, may have written under the influence of the passage in Suetonius. Cod. Theod. 8, 13, 1. Liceat matribus, si impios filios probare se posse confidunt, publice adire indicia. Matrem autem ingenuam, libertam, libertinam, cui scilicet civitatis Romanae iura quaesita sunt, ita ut queri antiquo iure poterant accipi audirique decer- nimus ; itemque filios filias, ingenues ingenuas, libertos libertas, libertinos libertinas, cives pari condicione Romanes. Cod. Theod. 4, 6, 2, (Goth.), Ceteris (quae) de eorum matri- bus, libertis libertinisque per novam constitutionem decreta sunt. Claudius in speaking, of his ancestor Appius, had used the word libertinus in a sense that included manumitted men. Suetonius in the place cited, criticised this use of the word, stating that in the time of Appius, libertinus did not mean a freedman himself but the free-born son of a freedman. It should be observed here that Suetonius in this statement is not supported by any other Latin author ; and that it is made in criticism of a man who did not take this view of the word. The statement too, is a very bold one and there can be no doubt as to what he meant. It seems to have left a deep impression on the scholars of the late empire and of mediaeval times. They not only accepted the statement concerning the preliterary use of the word ; but some seem to have adopted and continued this signification ; for example in the Theodosian Code, places cited above. It has had the same influence upon scholars of modern times, especially in the field of law. 1 1 Gothofredus and Haenel both interpret the word in the Theodosian Code in this way and cite Suet. Claud. 24 as authority. M. Voigt, Ueber die Clientel und Libertinitiit, chapters 8 and 9, in Berichte d. Kon. Sachs. Gesel. Vol. 30, takes the same view and quotes numerous passages from the classical writers apparently to maintain the idea that the word was used even in the literary period in this restricted sense. (Note the distinction between this narrow signification, the son of a freedman, and the meaning given in this paper, ' freedmen as a class. ' ) The position of Voigt in this article, which appeared in 1878, is certainly untenable, as the examination of the literature made herein will indicate. It seems to me also that H. Lemonnier, Condition Prive*e des Affranchis aux Trois Premiers Sicles de L' Empire Komain, 1887, pp. 1-12, has shown that Voigt' s view is wrong ; but Voigt in the second volume of his Romische Rechtsgeschichte, 1899, advocates the same view as in his former 6 The Social Standing of Freedmen at Pome. The influence of the Suetonian passage is traceable through the entire period from his day to the present and seems to be at the bottom of the whole discussion. Wherever the question is raised, Suetonius is usually quoted or cited as authority. The Latin dictionaries are fairly uniform on the meaning and use of liberties and on the first meaning of the noun libertinus, saying that they both referred to freedmen, that is to manumitted men, but that libertus designated a freedman in reference to his manumittor or patron, that libertinus designated a freedman without reference to his patron but to his position in society or the state. (This matter will be taken up after we have made an examinatiou of the two words). They are not agreed, however, in regard to the recognition of the statement of Suetonius. Forcellini, definition 4), App. Claudii aetate, et aliquandiu post libertini dicebantur non iidem ac liberti, sed libertorum filii : qui tamen inter ingenuos postea habiti sunt. (Then quotes Suetonius). Stephanus, def. 2), Libertinus, qui ex liberto creatus est. Georges, Zur Zeit des Appius Claudius, 447 d. St. u. noch eine geraume Zeit nachher, bedeutete Libertinus den Sohn eines Freige- lassenen, und erst der Enkel eines Freigelassenen hatte die inge- nuitas. Unter den Kaisern aber waren Sohne der Freigelassenen gleich ingenui, und die Freigelassenen selbst hatten die Liberti- nitas, s. Suet. Claud. 24. Libertini iidem qui liberti, a servitute manumissi, cum conditione operarum exhibendarum. Ducange, for mediaeval Latin, Alias libertini appellantur ex libertis nati. Freund, 2), (followed by Harper's and White & Riddle), Uebertr., der Sohn eines Freigelassenen, zum Untercheide v. libertus, dem Freigelassenen selbst, (so nur nach einer Angabe des Sueton. u. des Isidor.). article. On the other hand, Lemonnier seems to have overlooked one of the principal characteristics of libertinus, that is, its use to designate a class of men rather than definite individuals. (For the persons that may be included in this class, see later pages in this paper. ) Momm. Staatsr. 3, 422, regards the statement of Suetonius as incorrect and misleading. Smilda, Suet. Claud. 24, thinks there is no reason why we should distrust the statement of Suetonius. Compare also Karlowa, Rom. Rechtsges. I, 354, and Herzog, Gesch. u. System d. Rom. Staatsv., I, 994. Libertus and Libertinus. 7 The use of the word in the classical authors will be examined later in this paper, and after we have made a study of the words libertus and libertinus throughout the entire literature, and also a grammatical study of the forms of both words, we may be able to throw some light on the definition given by Suetonius. Those who have written on the subject of the freedmen and the two words that the Romans used to designate this class of men seem for the most part to have handled the subject from the legal or political point of view ; and but little has been offered by this class of writers from a philological point of view. It is my desire therefore to make a grammatical study of the forms of the two words, as preliminary to an examination of the words themselves in literature. THE SUFFIX -to. This form seems to have been used in early times both as a primary and as a secondary suffix : 1) Joined immediately to the root or ground form, as in altus. 2) As a secondary suffix joined to adjective, noun or verb stems, as vetus-tus, sceles-tus, lega-tus, arbus-tum. Libertus belongs to this class. The suffix itself, originally had an active signification, 1 and some of the participial adjectives or participles formed by it remained active even on Italian soil 2 ; as sci-tusj sta-tus, eena-tus ; but the most of these forms in Italian times had a passive signification, especially those connected with transitive verbs 3 ; as da-tus, lega-tus. A characteristic signification of the forms that contained this suffix seems to have been t fullness or completed action, 4 and it is therefore somewhat like the suffix -ed in our past participles. The old verbal adjective was more inclined to take a participial 1 Cf. Brugmann, Grundriss II, 206 ; Indogerm. Forsch. V, 218 ; Meyer, Vergleichende Grammatik II, 303. 2 The fact that there was no other active or middle suffix for past action may have in a measure been the cause of this. 3 Brug. Grund. II, 26 ; Indogerm. Forsch. V, 97, and 119 ; Meyer, Vergl. Gram. 303. *Stolz, Histor. Gram. I, 530; Brug. Grund. II, 206; Meyer, 303. 8 The Social Standing of Freedmen at Rome. character iu the Italian group than in the other kindred languages ; * and participles formed immediately from noun stems seem to have been more frequent here than elsewhere. 2 Libertus may therefore be one of such ' improper ' participles formed on the stem liber. 3 But whatever may have been the form to which this suffix was joined in forming libertus, the word seems to have followed the usual meaning of fullness or completed action characteristic of these forms, and is passive in its signification. We would note finally that the class to which our word belongs designates persons or things upon which actions have been per- formed, the nature of the action being that of the verb with which the form in question is associated : legatus is ( a man that has been sent ' an ambassador ; dictum is ' something said ' a word ; libertus is ' a man that has been manumitted ' a freedman, and is essentially a noun, the idea of an action performed upon him being an attendant circumstance. 4 THE SUFFIX -mo. The form -mo is nearly always a secondary suffix. There are some words in -^tno or -eno of somewhat doubtful classification, like dominus, 5 pagina ; but as a purely secondary suffix the form in -Ino especially is very frequent, and its characteristic use is to form adjectives 6 with such meanings as ' made of or ( con- sisting of/ e springing from/ 'pertaining to ' or ' belonging to the same kind ' as that which is denoted by the nouns with which they are connected. ^ndogr. Forsch. V. 156. 2 Brug. Grand. II, 218. 3 Stolz, 532. 4 For additional examples, see Ronsch, Collectanea Philologa, p. 195, and the places cited above. 5 Brug. Grand. II, 136 and 142 ; Stoltz, 483 ; Johansson in Bezz. Beitr. 18, p. 11. 6 Stolz, 487 and Brug. Grand. II, 146. For additional examples in -ino, see Konsch, pp. 199-208, and Stolz, pp. 484-486. For treatment of the suffix -Ino or -ano as applied to proper names, see H. Schnorr v. Carolsfeld in Archiv f. Lat. Lex. u. Gram. 1, 177-194. Keisig, Vorlesungen 1, 237 f* K. S. Eadford, Studies in Honor of Gildersleeve, pp. 95, 111. (Reviewed by A. Zimmermann, Woch. f. Mass. Phil. 1904, p. 406 f. Libertus and Libertinus. 9 1) In the sense of 'pertaining to' or ' belonging to 7 : Agninis lactibus, (Plant. Ps. 319), ferinus, aprinus, a&ininus, caprinus, cervinus, equinus, hirquinus, porcinus, taurinus, tibinus, anguinus, pecuinus, caninus hirundininus, leoninus. 2) With meaning of ' like ' : clurimis, monkey-like, (durinum pecuSj Plaut. True. 269), cucurbitinus, gourd-like, aquilinus, columbinus, colubrinus. 3) In sense of * composed of ' : faginus, iuncinus. 4) With proper names in sense of ' pertaining to 7 or ' belong- ing to ' : AeaQidinus, Catulinus, lugurihinus, Sibyttinus. 5) With names of places in sense of ' pertaining to ' or ( in the vicinity of : Latinus, LanuvinuSj Canusinus, Cisalpinus, Prae- nestinus, Tiburtinus. 6) To form adjectives derived immediately from temporal adverbs : crastinus, serotinus. 7) Joined immediately to verbs : coquinus. We have said that the suffix -mo is adjectival in character, and have cited thus far principally adjectives. Nouns are also frequent in this suffix, and a large percentage of them, though technically nouns, show an adjectival coloring in their meaning. 1) By the side of the adjective agninusvtQ have the substantive agnina, which does not mean ' a lamb ' but something pertaining to or belonging to a lamb, that is, its flesh. There is, then, prac- tically as much adjectival coloring in the noun agnina as in the adjective agninus. Similar nouns are aprina, canina, caprina, porcina, anguina. 2) There is another class of nouns in which the suffix contains the meaning of ' pertaining to ' or < connected with/ but without the idea of possession as in those just cited : camiftcina, torture, that is, something pertaining to a carnifex ; haruspicina, pertaining to a haruspex, the art of divination ; opificina, molitrina, tonstrina, etc. 3) Names of deities : Statina, pertaining to standing, the god- dess that presided over the standing of children ; Volutina. 4) Words denoting location : Austrina } Lanuvinum, Lanuvini. 1 1 For additional examples, see Konsch, pp. 199 f., and other authors at places cited under this topic. 10 The Social Standing of Freedmen at Rome. The words cited in the lists above are practically all taken from the older Latin authors, Plautus, Varro, Cato and Cicero. The use of the words libertus and libertinus seems to have fol- lowed closely the shades of meaning indicated by the foregoing study of the suffixes -to and -mo. Libertus, a formation similar to those in -to mentioned above, had a meaning of { the man who has been freed.' It preserved this meaning, as we shall see later, through the entire period of the Latin literature, and is nowhere an adjective. Libertinus, like some of those in -mo cited above, became both an adjective and a noun, but with a similar adjectival signification in both cases ; that is, as an adjective, it meant * per- taining to freedmen ; ' as a noun, it contained the suggestion of ' belonging to the freedmen as a class.' One can not read over the references in which these two words occur without being impressed with the remarkable uniformity of all the authors in their use, and the accuracy with which the respective meanings of both words are observed. True enough, some of the references are without any coloring, but this is the result of the circumstances in question and not of a failure to use the words with their accurate significations. Then also, from the very nature of things, it would sometimes happen that the circum- stances concerning the freedman spoken of would be of a nature near the boundary line between the two words ; such as is liable to occur with any two words applied to the same general class of objects or individuals. There is another class of references, in which there is nothing either in the sentence itself or in the con- text to show which was in the author's mind. These naturally can furnish no affirmative evidence, and must be interpreted them- selves by the standard set in the places where the meaning is clear. Fortunately, however, these places without any coloring are com- paratively few. After collecting the passages in which the two words occur, and carefully comparing them, we shall see that, libertus is essentially a noun, and that libertinus is primarily an adjective, and even Libertus and Libertinus. 11 when used as a noun, it contains the abstract or general significa- tion indicated by its adjectival suffix ; and that in accordance with these fundamental characteristics, the following distinctions may be noted : Libertus is specific in its meaning, Libertinus is general. Libertus reminds us of a man's former state, 1 Libertinus shows what his present state is. 1 Libertus refers to freedmen as individuals, 2 Libertinus refers to them as a class. 3 Before continuing the discussion further, I desire to bring together a number of representative passages in which our words occur, and this parallel study of them, I think, will throw con- siderable light upon their meaning. By being brought together thus in pairs, their distinguishing shades of meaning will become more evident. Cic. Ver. 2, 1, 47, 123. P. Trebonius viros bonos et hones- tos conplures fecit heredes : in iis fecit suum libertum. And in this same section, Libertus, nisi ex testamento patroni iurasset, scelus se facturum arbitrabatur. Libertum and libertus each refer to an individual freedman and in the use of the words, it is evident that there is no conception in the mind of the author beyond that one individual freedman. Now compare with this the same chapter, 124, Equiti Romano, tarn locupleti, libertinus homo sit heres ? 1 This distinction is given as one that is usually present but not always so. 2 1 do not mean to say that libertinus can not refer to a single man. What I mean is, that when libertus is used, a definite man or number of men is designated ; and the statement in question is made concerning that one man or those individ- ual men, (if the word be plural ), and does not include any one else. Whereas, when libertinus is used, though it may be singular, it refers to a man as belonging to a certain class, and the statement in question is made concerning him as a member of that class ; and, if the occasion demand it, is true of the whole class as well as of himself. For example compare the the use of libertinus in Cic. Ver. 2, 1, 47, 124 cited on this page. This is, to my mind, the prime distinction between libertus and libertinus ; and the word ' individual ' wherever used in this paper to distinguish between the two words, will be used in this sense. 3 With regard to the personnel of this class, see below, p. 29, 12 The Social Standing of Freedmen at Rome. This is a general question and the meaning of libertinus here is not confined to that one individual freedman. It includes him, but also includes any other freedman. Can a freedman that is, any freedman, not one particular individual be an heir to a Roman Knight? 1) Cic. Cluent. 13, 38. liberti Asuvi, et non nulli amici . . . in eum invadunt. 2) Cic. Cat. 4, 8, 16. Operae pretium est, patres conscripti, libertinorum hominum studia cognoscere. 1) Cic. Flac. 35, 88. An simultates nescio quas cum libertis vestris Flaccus exercet ? 2) Cic. Cluent. 19, 52. Cum ilia defensione usus essem, quae in libertinorum causis honestissima semper existimata est. 1) Cic. Ver. 2, 3, 154. Venio nunc ad epistolam Trimarchidi, liberti istius. 2) Cic. Cluent. 47, 132. Nam Popilium, quod erat libertini films, in senatum non legit. 1) Cic. Phil. 13, 5, 12. libertus Caesaris, agri Lucani pos- sessiones occupavit? 2) Cic. Phil. 2, 2, 3. Sed hoc idcirco commemoratum a te puto, ut te infimo ordini commendares, cum omnes te recordaren- tur libertini generum, et liberos tuos nepotes Q. Fadi, libertini hominis, fuisse. 1) Cic. Cluent. 22, 61. quia, cum ipse familiarissime Oppian- ico usus, libertus autem eius in maleficio deprehensus esset, 2) Cic. Phil. 3, 6, 17. ipse ex libertini filia susceperit liberos ? 1) Cic. Caecin. 20, 58. Tarn restitues, si tuus me libertus deiecerit, 2) Cic. De Leg. 3, 13, 30. respondisset . . . duo se habere vicinos ; superiorem, equitem Romanum ; inferiorem, libertinum : 1) Cic. Att. 14, 5, 1. Nam ista quidem Caesaris libertorum coniuratio facile opprimeretur, 2) Cic. Att. 2, 1, 8. an libertinis atque etiam servis servi- amus? Libertus and Libertinus. 13 1) Cic. Fam. 7, 25, 2. ne Apellae quidem, liberto tuo, dixeris. 2) Gic. Att. 7, 4, 1. frugi hominem, ac, ne libertinum laudare videar, plane virum bonum. 1) Plaut. Persa, 82. Hodie illam facial leno libertam suam. 2) Plaut. Miles, 962. Yah, egone ut ad te ab libertina esse auderem internuntius. 1) Plaut. Miles, 1357, tibi seruire malui | Multo quam alii libertus esse. 2) Plaut. Persa, 839 f. Sed ita pars libertinorumst : nisi patrono qui aduorsatust | Nee satis liber sibi uidetur. 1) Plaut. Capt. 735. Inde extra portam ad meum libertum Cordalum 2) Plaut. Miles, 784. Ecquam tu potis reperire forma lepida mulierem, . . . | Ingenuamne (h)an(c) libertinam ? 1) Plaut. Ps. 176. Quam libertam fore mihi credam 2) Plaut. Poen. 832. Quoduis genus ibi hominum uideas, . . . | Equitem, peditem, libertinum, furem ad fugitiuom uelis, 1) Hor. Sat. 2, 3, 122. Filius aut etiam haec libertus ut ebibat heres. 2) Hor. Sat. 2, 3, 281-2. Libertinus erat, qui circum compita siccus, | Lautis mane senex manibus currebat et unum, 1) Hor. Sat. 1, 1, 99. ad usque | Supremum tempus, ne se penuria uictus | Opprimeret, metuebat, at hunc liberta securi | Diuisit medium, 2) Hor. Sat. 2, 7, 12. Aedibus ex magnis subito se conderet, unde | Mundior exiret uix libertinus honeste, I have placed these two passages together because of the possible proximity in meaning of the two words. Each has to stand on its own intrinsic meaning for interpretation, that is, liberta in the first passage is not accompanied by any modifier such as a possessive pronoun or a genitive to show individuality or relation- ship to patron. On the other hand, libertinus as a noun stands nearer libertus than the adjective does. Each is in the singular ; and the context does not give a very decided coloring in either 14 The Social Standing of Freedmen at Rome. case. Yet it seems to me evident that Horace in the first example, in the use of liberta, had in mind the idea of one individual freed- woman ; and in the second example, by the use of libertinus, he has in mind a man of the freedman class ; that the idea is not confined to any individual freedman as in the first case. 1) Caes. B. C. 1, 34, 2. quas Igilii et in Cosano a privatis coactas servis, libertis, colonis suis compleverat ; 2) Hor. Sat. 1, 2, 48. Tutior at quanto merx est in classe secunda, libertinarum dico, 1) Livy 45, 44, 19. Solitum libertumque se populi Romani ferre 2) Livy 43, 3, 4. Earn coloniam esse libertinorumque appel- lari. 1) Cic. Fam. 3, 1, 2. Cilix, libertus tuus, antea mihi minus fuit notus : 2) Livy 4, 3, 7. taiiquam servum aut libertinum aliquis con- sulem futurum dicat ? 1) Cic. Fam. 12, 29, 2. si negotia Lamiae, procuratores, li- bertos, familiam, quibuscumque rebus opus erit, defenderis, gratius mihi futurum, 2) Livy 36, 2, 15. et in earn classem socios na vales libertinos legeret. 1) Cic. Fam. 4, 12, 3. Inveni duos libertos et pauculos servos ; reliquos aiebant profugisse, metu perterritos, quod dom- inus eorum ante tabernaculum interfectus esset. 2) Livy 10, 21, 4. sed seniorum etiam cohortes factae liber- tinique centuriati, 1) Cic. Q. Fr. 1, 1, 4, 13. qui hoc non in beneficii loco, sed in laboris ac muneris non temere nisi libertis suis deferebant 2) Livy 9, 46, 10. qui senatum primus libertinorum filiis lectis inquinaverat, 1) Tac. Ann. 11, 12, 4. servi liberti paratus principis apud adulterum visebantur. 2) Tac. Ann. 11, 24, 7. libertinorum filiis magistratus mandare non, ut plerique falluntur, repens, Libertus and Libertinus. 15 1) Tac. H. 2, 57. Postulante exercitu, ut libertum suum Asiaticum equestri dignitate donaret, 2) Tac. H. 2, 8. Libertinus ex Italia citharae et cantus peritus, 1) Tac. Ann. 6, 38, 2. multa et atrocia in Macronem ac praecipuos libertorum Caesaris conposuit, 2) Livy 45, 15, 6. in ea Ti. Gracchus pronuntiavit libertinos omnes censeri placere. 1) Tac. H. 2, 94. Liberti principum conferre pro numero rnancipiorum ut tributum iussi. 2) Livy 45, 15, 1. in quattuor urbanas tribus descripti erant libertini, praeter eos, quibus films quinquenni maior ex se natus esset, 1) Velleius Pater. 2, 73, 1. Hie adulescens erat studiis rudis sermone barbarus . . . libertorum suorum libertus, 2) Livy 22, 11, 8. libertini etiam, quibus liberi essent et aetas militaris, in verba iuraverant. 1) Tac. H. 2, 92. etiam plebs adprobavit, quod reversis ab exilio iura libertorum concessisset, 2) Tac. Ann. 14, 39, 3. apud quos flagrante etiam turn liber- tate nodum cognita libertinorum potentia erat : 1) Tac. H. 3, 58. Hortantibus libertis (nam amicorum eius quanto quis clarior, minus fidus) vocari tribus iubet, 2) Tac. H. 3, 58. Equites Romani obtulere operam pecuni- asque, etiam libertinis idem munus ultro flagitantibus. The two words are brought together again here under very similar circumstances. They are in the same chapter, are both nouns, and libertis is not accompanied by any genitive or possessive modifier, but the parenthetical remark following libertis makes it quite clear that that word is specific or private in its meaning. On the other hand, it is quite clear that libertinis in the second citation is more general, not confined to Vitellius' own freedmen but refers to the general class of freedmen. 16 The Social Standing of Freedmen at Rome. 1) Juv. 2, 59. Notum est cur solo tabulas impleverit Hister Liberto, 2) Juv. 1, 102. Sed libertinus prior est. 1) Val. Max. 2, 6, 6. convictus a patrono libertus ingratus iure libertatis exuitur ! 2) Val. Max. 6, 3, 11. Sensit Q. Antistius Vetus repudiando uxorem, quod illam in publico cum quadam libertina . . . loquen- tem videret. 1) Quint. 6, 3, 81. Afer, cum ageret contra libertuni Claudii. 2) Quint. 7, 3, 27. Servus, cum manumittur, fit libertinus, addictus recepta libertate ingenuus : 2) Plin. H. N. 31, 2, 5. nomine accepto a Claudi Caesaris liberto 2) Plin. H. N. 14, 4, 49. Magna fama et Vetuleno Aegialo perinde libertino fuit, 1) Mart. 3, 46, 2. Non eo, libertum sed tibi mitto meum. 2) Mart. 3, 33, 2. Ingenuam malo, sed si tamen ilia negetur, | Libertina mini proxima condicio est : 1) Suet. Claud, 27. Claudiam ex liberto suo Botere coneptam 2) Suet. Aug. 2. M. Antonius libertinum ei proavum expro- brat restionem, e pago Thurino. 1) Suet. Claud . 25. advocatisque ; eorum negavit se adversus libertos ipsorum ius dicturum. 2) Suet. Claud. 25. Libertinos, qui se pro equitibus Romanis agerent, publicavit, 1) Suet. Tib. 19. paucos milites cum liberto suo trans ripam venatum mississet, 2) Suet. Vit. 7. cum libertino cuidam acerbius debitum reposcenti iniuriarum formulam, . . . intendisset, 1) Phaed. 3, 10, 11. Seductus in secretum a liberto est suo, 2) Gell. 5, 19, 11. Libertinos vero ab ingenuis adoptare quidem iure posse Masurius Sabinus scripsit. Libertinus when used as an adjective gives, of course, a more general coloring than the noun ; that is, there seems to be a greater Libertus and Libertinus. 17 difference between it and libertus than between the noun libertinus and libertus. This increased distinction will be evident from the following list of pairs when compared with the preceding list, in which the words, with two exceptions, are nouns. 1) Cic. Fam. 4, 9, 1. cum Theophilus, libertus tuus, proficis- ceretur, 2) Livy 43, 12, 9. In classem inille socii navales cives Romani libertini ordinis, . . . scriberentur ; 1) Cic. Fam. 2, 7, 3. quas Thrasoni, liberto tuo, dedi. 2) Livy 9, 46, 1. scriba, patre libertino, humili fortuna ortus, 1) Cic. Cluent. 17, 49. Is erat libertus Fabriciorum, 2) Cic. Cat. 3, 6, 14. in P. Umbrenum, libertinum hominem. 1) Cic. Cluent. 42, 120. Nunc, si quern Cn. Lentuli aut L. Gelli libertus furti condemnarit, 2) Cic. Balb. 11, 28. de Cn. Publicio Menandro, libertino homine, 1) Cic. Fam. 10, 25, 3. cum Dardanus, libertus tuus, inter- esset. 2) Cic. Phil. 2, 2, 3. et liberos tuos nepotes Q. Fadi, liber- tini hominis, 1) Cic. Att. 6, 2, 1. cum Philogenes, libertus tuus . . venisset, 2) Hor. Sat. 1, 6, 6. me libertino patre natum. 1) Tac. Ann. 13, 23, 3. quippe nominatis libertis eius, quos conscios haberet, respondit 2) Tac. Ann. 2, 85, 5. ut quattuor milia libertini generis . . . veherentur, 1) Tac. Ann. 13, 1, 4. Narcissus Claudii libertus, ... ad mortem ad igitur, 2) Tac. Ann. 4, 62, 2. Atilius quidam libertini generis, quo spectaculum gladiatorum celebraret, 1) and 2) Tac. Ann. 15, 72, 4. Igitur matre libertini ortus, quae corpus decorum inter servos libertosque principum vul- gaverat, 18 The Social Standing of Freedmen at Rome. 1) Plin. H. N. 25, 2, 7. Pompeius . . . libertum suum Lenaenum grammaticae artis iussit, 2) Plin. H. N. 33, 1, 17. libertino patre alioqui genitus, 1) Plin. Ep. 9, 21. Libertus tuns . . . venit ad me. 2) Val. Max. 2, 5, 2. libertino patre genitus. 1) Mart. 7, 62, 3. Ne quid liberti narrent servique paterni, 2) Mart. 5, 13, 6. Et libertinas area flagellat opes. 1) Suet. Caes. 76. et imperium Rufini liberti sui filio . . . demandavit. 2) Suet. Aug. 44. cum quosdam etiam libertini generis mitti deprehensit. 1) Suet. Aug. 24. (eum) liberto suo addixit. 2) Suet. Aug. 25. Libertino milite ... bis usus est. 1) Plin. Ep. 10, 30. Scripsit mihi, Domine, Lycormas liber- tus tuus. 2) Gell. 5, 19, 12. neque permittendum esse umquam putat ut homines libertini ordinis per adoptiones in iura ingenuorum invadunt. ADDITIONAL CITATIONS NOT SEPARATELY DISCUSSED. Libertinus. Auct. Bell. Afr. 19, 4; and 36, 1. Auct. Vir. Illustr. (Aur. Viet.), 32, 2 ; 34, 1 ; 57, 3 ; 72, 5. Cic. Balb. 25, 56; Sest. 45, 97; Sest. 52, 10; Mil. 12, 33; Att. 7, 4, 1. Quint Cic. De Pet. Cons. 8. Gell. 5, 19, 12. Hor. Epod. 14, 15 ; Ode, 1, 33, 15 ; Sat. 1, 6, 45 ; 1, 6, 46. Livy, 22, 1, 18; 39, 12, 1; 39, 13, 2 ; 74 ; 84. Lucil. 26, 455, (Baehrens). Macrob. Sat. 1, 1, 12; 1, 6, 13 (2 times); 1, 6, 14; 1, 11, 32 (2 times). Libertus and Libertinus. 19 Petron. Cena Trim. 38. Plin. H. N. 14, 4, 48 ; 15, 14, 50. Quint, Inst. 5, 10, 6; 11, 1, 86; 11, 1, 88; Declam. 311 (2 times). Script. Hist. Aug. (Peter), Vol. I, pp. 11; 102; 103; 114; 261. Scholia : Acron et Porph. on Hor. Sat. 2, 3, 281 ; Orelli and Baiter, Vol. V, Part I, pp. 221 ; 330 ; Part II, pp.46; 52; 64; 66; 193; 199; 346; 410; 426. Sen. Dial. 7, 24, 3; 5, 15, 1 ; Ep. 27, 5; 31, 11; 44, 6; 86, 7; Nat. Quaest. 4, praef. 7 ; 1, 17, 9. Suet. Claud. 24 and 26 ; Dom. 7 ; Gram. 10 and 17 ; Otho, 2 ; Vit. 2; Suet. Reliq. (Reiff.) pp. 35 ; 36 ; 44 ; 386. Tac. Ann. 14, 55, 7; Hist. 3, 58 ; Ger. 24 and 25. Libertus. Auct. Bell. Alex. 55, 3 ; Hisp. 33. Cic. Q. Caecil. 17, 55 ; Caecin. 6, 17 ; 20, 57 ; 20, 63 ; Cluent. 16, 47; 17, 49 ; 22, 60; Flac. 35, 87 ; 35, 88 (2 times); 36, 89; 4, 10; Mil. 33, 89; Pis. 25, 61; Sex. Rose. 8, 22; 45, 130; 49, 141; Scaur. 2, 10-12 (3 times); Sest. 35, 76; Ver. 2, 1, 47 (2 times); 2, 3, 157 (2 times); 2, 4, 8 ; Paradox. 6, 46 (2 times). Cic. Att. 1, 12 (3 times); 3, 15, 1 ; 3, 15, 3; 3, 17, 1 ; 5, 20, 7 ; 6, 2, 2 ; 10, 7, 2 ; 10, 18, 1 ; 11, 6, 7 ; 11, 13, 1 ; 13, 2, 2 ; 13, 14, 1 ; 13, 33, 1 ; 13, 37, 1 ; 13, 52, 2 ; 14, 5, 1 ; 14, 9, 1 ; 14, 17, 1 ; 16, 4, 1 ; Fam. 1, 3, 2 ; 3, 1, 1 ; 3, 8, 5 ; 3, 8, 8 ; 6, 10, 1 ; 7, 14, 1 ; 7, 23, 3 ; 8, 7, 1 ; 12, 26, 2 ; 13, 14, 2 ; 13, 16, 1 ; 13, 21, 2 ; 13, 23, 1 ; 13, 23, 2 ; 13, 60 (2 times) ; 13, 69, 1 ; 13, 70 ; 14,4,4; Q. Fr. 1,2, 16; 1,3,4. Q. Cic. De Pet. Cons. 5, 17. Gell. 6, 3, 8 ; 10, 1, 7 ; 13, 9, 1 ; 15, 6, 2 ; 17, 16, 2 ; 4, 10, 6. Juv. 7, 43; 6, 146; 5, 28. 20 The Social Standing of Freedmen at Rome. Macrob. Sat. 1, 11, 17; 1, 11, 18 (3 times); 2, 1, 12; 2, 4, 24 (2 times) ; 7, 3, 13. Mart. 3,46,12; 6,28, 1; 6,29,4; 13,121,2; 1,2,7; 2,32,4; 11, 39, 15 ; 10, 34, 4. Pers. 6, 23. Petron. Cena Trim. 38 ; 41 ; 45 ; 71 ; 76 ; 141. Phaed. 3, 10, 11 ; 3, 10, 44. Plant. Asm. 652 ; Per. 491 ; 797 ; Poen. 164. Plin. H. N. 1, 11 ; 6, 22, 84; 7, 16, 75; 12, 1, 12 (2 times); 13, 15, 93 ; 13, 15, 94 ; 17, 17, 122 ; 25, 2, 5 ; 35, 7, 52 ; 36, 7, 60. Plin. Epist. 2, 6 (5 times) ; 2, 11 ; 2, 17 ; 4, 11 ; 5, 19 ; 6, 31 ; 7, 6 ; 7, 11 ; 7, 14 ; 7, 24 ; 7, 27 ; 8, 6 (3 times) ; 8, 14 (4 times) ; 9, 24 ; 9, 34 ; 10, 5 (2 times) ; 10, 32 ; 10, 38 ; 10, 51 ; 10, 52 ; 10, 87 ; Pan. 88 (4 times). Quint. Inst. 1, 2, 5 ; 6, 3, 5 ; 6, 3, 81 ; 6, 3, 84 ; 7, 7, 9 (3 times); 10, 7, 31 ; 11, 1, 66; Declam. 318 ; 388 (15 times). Rhet. Lat. Min. (Halm), pp. 201 ; 329; 486. Sal. Cat. 50 (2 times) ; 59. Scholia : Acron et Porph. on Hor. Sat. 2, 3, 281. Orel, and Bait. Y, pp. 47; 49; 51; 56; 145; 194; 309; 424; 437. On Ter. (Schlee), pp. 81; 83; 105. Script. Hist. .ug. 1, 15, 9; 1, 16, 1; 1, 21, 2 (3 times); 3, 11, 1 (2 times); 4, 11, 8; 4, 15, 2; 4, 20, 5; 5, 8, 6; 5, 8, 8; 5,9,5; 5,10,5; 7,7,2; 7,14,7; 8,13,9; 10,20, 1; 13, 4, 3; 17, 11, 1; 18, 3, 2; 18, 21, 4; 26, 36, 4; 26, 50, 3 ; 29, 6, 2 ; 29, 7, 6. Sen. Dial. 5, 35, 1 ; Apocol. 6, 2 ; 13, 5. Serv. on Aen. 8, 179 (2 times); 11, 143 ; Buc. 10, 1. Suet. Caes. 27 ; 48 ; 75 ; Aug. 45 ; 65 ; 67 (2 times) ; 72 ; 79 ; 101 ; Tib. 76 ; Calig. 12 ; 39 ; Claud. 13 ; 25 (2 times) ; 28 ; 37 ; 40; 43; Nero, 5; 22; 23; 29; 34; 35; 47; 48; 49; Galba, 4; 10 ; 14; 15; 20; Otho, 6; 7; Vit. 14 (2 times); Tit. 2; Dom, 8; 14; 17; Gram. 5; 6; 11; 12; 15; 16; 20 (2 times). Libertus and Libertinus. 21 Suet. Eeliq. (Reiff.) pp. 62; 135; 136 (2 times); 386; 417; 432; 503. Tac. Agr. 19; 25; 40; 41; 43; Ann. 2, 31; 3, 15, 5; 4, 6, 7; 4,23,1; 6,21,1; 11,33,21; 11,35,1; 11,36,3; 11,37,4; 11,37,5; 12,1,1; 12,25,4; 12,53,1; 13,1,3; 13,2,4; 13,12,1; 13,19,4; 13,21,2; 13, 21, 7 ; 13, 26, 1 ; 13, 26, 3 ; 13, 27, 6 ; 13, 27, 7 ; 13,44,7; 13,47,2; 14,2,2; 14,2,3; 14,3,5; 14, 6, 1 ; 14, 7, 6 ; 14, 10, 5; 14, 39, 1 ; 14, 45, 4 ; 14, 65, 1 ; 15, 35, 3 ; 15, 45, 6 ; 15, 54, 1 ; 15, 55, 1 ; 15, 55, 3 ; 15, 64, 1 ; 15, 72, 4 ; 16, 5, 5 ; 16, 8, 1 ; 16, 10, 2 ; 16, 10, 3 ; 16, 10, 5 ; 16, 12, 2 ; 16, 23, 1 ; Dial. 7 ; 13 ; 17 ; Hist. 1, 4 ; 1, 7 ; 1, 13 ; 1, 22 ; 1, 25 ; 1, 27 ; 1, 49; 1,58; 1,87; 2,49; 2,53; 2,54; 2,65; 2,65; 2, 91 ; 3, 12; 3, 47; 3, 74 ; 4, 59 ; 5, 9. Ter. Andr. 37 ; Eun. 608. Varro, De Ling. Lat. 8, 83; Sat. Men. Bim. 3. Veil. Pater. 2, 70, 2; 2, 73, 1 (2 times) ; 2, 71, 3. The frequency with which our two words are used by the Latin authors, as collected for this paper, is as follows : Ateius Capito, libertus 1, libertinus 1. Auct. Bell. Afr., libertinus 2. Auct. Bell. Alex., libertus 1. Auct. Bell. Hisp., libertus 1, libertinus 1. Auct. Vir. Illustr. (Aur. Viet.), libertinus 3. Caes. B. C., libertus 1. Gael, to Cic., libertus 1. Cic., libertus 97, libertinus 19. Cic. Q., libertus 1. Codex Gregor., libertus 7. Codex lustin., libertus 100, libertinus 19. Codex Theod., libertus 16, libertinus 8. Dig. lustin., libertus 824, libertinus 53. Frag. Vat., libertus 20, libertinus 1. Gaius Inst., libertus 43, libertinus 10. 22 The Social Standing of Freedmen at Rome. Gell., libertus 6, libertinus 3. Horace, libertus 3, libertinus 9. Inst. lustin., libertus 41, libertinus 12. Isidor. Orig., libertus 1, libertinus 1. lurispr. Ante-Hadrian., libertus 13, libertinus 4. Juv., libertus 4, libertinus 1. Livy, libertus 1, libertinus 20. Lucil., libertinus 1. Macrob., libertus 7, libertinus 8. Mart., libertus 10, libertinus 2. Mos. et Rom. Leg., libertus 1, libertinus 8. Paul. lul., libertus 32. Pers., libertus 1. Petron., libertus 5, libertinus 1. Phaed., libertus 2. Plant., libertus 21, libertinus 4. Plin., H. N., libertus 15, libertinus 5. Plin. (Minor), libertus 41. Quint., libertus 27, libertinus 4. Rhet. Lat. Min., libertus 3, libertinus 2. Sail., libertus 3. Scholia, libertus 14, libertinus 17. Script. Hist. Aug., libertus 26, libertinus 5. Sen., L. A., libertus 3, libertinus 10. Serv. on Verg., libertus 4. Suet., libertus 72, libertinus 27. Tac., libertus 102, libertinus 13. Ter., libertus 2, libertinus 9. Ulp. Reg., libertus 21, libertinus 6. Val. Max., libertus 1, libertinus 3. Varro, libertus 3, libertinus 3. Veil. Pater., libertus 4. Total for the literature, libertus 483, libertinus 163. Total for the law codes, libertus 1119, libertinus 122. Grand total, libertus 1602, libertinus 285. Fortunately, a large portion of the references from the classical Libertus and Libertinus. 23 writers, about one-fourth of the entire list, occurs in the works of Cicero ; and nearly half of these in the Orations, where we may expect the observance of the exact meaning of words. Both words are frequent here, while in the letters, libertinus occurs only three times to fifty-four for liberties. The circumstances and the subject matter of the Orations and the Letters naturally cause this contrast. It is significant also that Livy uses libertinus almost exclusively, and that just the opposite is true of Pliny the Younger. Livy's subject matter and manner of treatment call for classes of men ; Pliny discusses individuals. 1 In the examples quoted above libertus is sometimes used with an accompanying genitive or possessive pronoun referring to a patron. In other instances there are no such qualifying words and the freedmen in question are spoken of as so many individuals, with no suggestion of a patron. On the other hand there are a few quotations containing libertinus where there is a direct refer- ence to the patrons of the freedmen in question. But in every instance where libertus is used, a definite individual or a given number of individuals is spoken of, they are men that have been manumitted, and the word includes only those specific persons ; whereas when libertinus is used, the thought is primarily adjectival and even when the word is a noun, it still has the adjectival coloring and refers to men as belonging to a certain class. That libertus designates a freedman in reference to his patron is a truth but not the whole truth ; in other words, this is only one of the distinguishing features of libertus. It is, however, an attendant circumstance rather than a primary characteristic, a result rather than a cause. The feature of individuality, of ' the man that has been freed ' naturally carries with it the conception of ' freedman in relation to his patron ' and this conception is in the majority of cases, but not in all, present either in the sentence itself or may be inferred from the context when libertus is used, but very frequently can only be inferred. But in many of the examples of libertus, while the presence of the patron may be inferred from the context, that does 1 See footnote on page 11. 24 The Social Standing of Freedmen at Rome. not seem to me to be the cause why libertus is used. The real cause seems to lie in the fact that definite individuals are referred to and the word used includes only those specific persons. They are spoken of too as citizens ; that is with the idea of the presence of a patron no more prominent than is frequently the case when libertinus is used. The meanings in many instances are : a freed- man, the freedman, his freedman, Caesar's freedman, etc. In many instances where libertus is used, even without a quali- fying pronoun, it may be translated his freedman, your freedman, etc., but this is not always so ; for the person in question is some- times some other man's freedman, that is, is not the freedman of the speaker or of the principal character in the sentence ; as in Plaut. Asin. 411. Hodie salvere iussi Libanum libertum? The speaker here is not the patron. The patron is not on the stage and is not thought of. There is no more suggestion of him than if libertinus had been used. The idea seems to be, " Do I greet Libanus the freedman ? " Note that the expression here "the freedman" (libertus), stands very close to the thought, 'a man of the freedman rank/ which would be libertinus. By the use of libertus, the thought of the manumission is made prominent, the substantive feature is strong, and only this one individual is included in the word. There are places also where it is evident from the context whose freedman a given individual is, and yet it is clear that the author did not intend to express this relation, and we would not be justified in supplying the possessive pronouns in such places ; the meaning being the freedman or that freedman rather than his freedman. cf. Cic. Ver. 21, 47, 123. Libertus iurat. and at ille libertus . . . scelus se facturum arbitrabatur. Cic. Scaur. 6, 12. Confirmata vero suspicio est, quod anu mortua libertus statim tamquam opere confecto Romam est profectus, Aris autem, simulac libertus de morte uxoris nuntiavit, continue Romae matrem illam Bostaris duxit uxorem. Libertus here designates a man who has been freed. It is re- stricted to a single individual, but he is spoken of as a citizen, that Libertus and Libertinus. 25 is, not as the freedman of Aris. He probably owed no obliga- tions or respects as a freedman to Aris as a patron. These re- spects were due to the wealthy old woman, the wife of Aris, whom it was thought he had killed. 1 Tac. Ann. 13, 12, 1. Ceterum infracta paulatim potentia matris delapso Nerone in amorem libertae, cui vocabulum Acte fuit. Compare also Cic. Fam. 4, 12, 3, and Hor. Sat. 2, 5, 71. This use of libertus is not infrequent. There are places also where it is not clear whose freedman is re- ferred to ; and all that liberties does is to point out certain indi- viduals, indicating their class, speaking of them in the same manner that they would be spoken of if they had no patrons. Cic. Flac. 20, 47. Interim, neque ita longo intervallo, libertus a Fufiis cum letteris ad Hermippum venit. Suet. Vesp. 23. Et de Cerylo liberto, qui dives admodum ob subterfugiendum quandoque ius fisci, ingenuum se et Lachetem mutato nomine coeperat ferre. Compare also Cic. Att. 6, 1, 21 ; Tac. Ann. 2, 12 ; Tac. Ann. 6, 24, 2 ; Suet. Tib. 23. Again there are places where libertus seems to have a signification almost as general as libertinus j and yet we can not say that the idea of freedman as a class and not individual freedmen was in the author's mind. Compare Tac. H. 4, 11. Asiaticus enim (is libertus) malam potentiam servili supplicio expiavit. Tac. H. 1, 46. In Marcianum Icelum ut in libertum palam an imadversum. Suet. Nero 32. Ante omnia instituit ut e libertorum defunc- torum bonis pro semisse dextans ei cogeretur, qui sine probabili causa eo nomine fuissent, quo essent ullae familiae, quas ipse con- tingeret : These men are spoken of simply as citizens. There is no more suggestion of relationship to patron than if libertinus had been used. The knowledge that each of these men had himself once been a slave probably leads to the use of libertus. As noted above, the concept of ' relation to patron' is sometimes 1 See sections 9-12 of this chapter. 26 The Social Standing of Freedmen at Rome. present when libertinus is used, as for example in Cic. Sex. Rose. 7, 19, Occiso Sex Roscio primus Ameriam nuntiat Mallius Glaucia quidam, homo tennis, libertinus ; cliens et familiaris istius T. Roscii. Note here the words libertinus, cliens, T. Roscii. Com- pare also the following : Cic. Cluent. 19, 52. Cum ilia defensione usus essem quae in libertinorum causis honestissima semper existimata est, Seaman- drum patrono esse probatum fatebatur, sed querebat, cui probatus esset ipse patronus. Plaut. Persa, 839. Sed ita pars libertinorumst : nisi patrono qui advorsatust | Nee satis liber sibi videtur nee satis frugi nee sat honestus. Some libertini do not seem to feel free enough unless they can abuse their patrons. Suet. Claud. 25. Libertines, qui se pro equitibus Romanis agerent, publicavit. Ingratos et de quibus patroni quererentur, revocavit in servitutem. For similar use of libertinus see Cic. Ver. 2, 1, 47 ; Livy 41, 8, 10; Suet. Caes. 2; Suet. Calig. 16 ; Suet. Gram. 5 and 18; Suet. Rhet. 3. The practice, therefore, of distinguishing the two words on the question of relationship to patron is open to objection on account of the numerous exceptions on the part of both words. The most that we may say of this feature is, that in the majority of cases, libertus carries with it the idea of relationship to patron, but as a result or an attendant circumstance, and libertinus usually does not ; but to my mind the clearest distinction between the two words is the one stated above : that libertus designates freedmen as individuals, persons that have been manumitted ; while libertinus refers to them as a class. There are practically no exceptions in the use of the two words as thus distinguished. It may be observed that a number of the authors have set phrases that they are fond of using when the adjective libertinus is employed. In every instance where Cicero uses the word as an adjective, it modifies the word homo, (one possible exception where it may be either a noun or an adjective), and it seems to mean ' a man of the freedman rank.' Livy's phrase is libertini ordinis. Tacitus is fond of libertini generis, with apparently the same Libertus and Libertinus. 27 meaning as that found in Cicero. Tacitus and Suetonius never use homo with the word, though they use the adjective with mulier and matre. In all the four places in Horace, where it is clearly an adjective, we have libertino patre natum. In all the times in question, there naturally existed at Eome freedmen and their sons born after the manumission of the father, and the more remote descendants of freedmen long since dead. Now, where were the descendants of freedmen classed socially? Is it not probable that some of the thrusts made at the libertini include them ? Are some of them probably included in Livy's libertini ordinis f Tac. Ann. 13, 27, after enumerating the different duties or offices into which freedmen had been placed, remarks : plurisque senatoribus non aliunde originem trahi: si separarentur libertini manifestam fore penuriam ingenuorum. The words aliunde originem trahi here certainly leave the impres- sion that in the use of libertini fol., Tacitus had in mind the descendants of freedmen as well as the freedmen themselves. Libertini and ingenuorum here may each have two interpretations, a strict and a liberal one. Libertini may mean strictly manumissi, or may include both manumissi and the descendants of manumissi ; while ingenuorum may mean strictly those whose ancestry was in no way tinged with slavery, or may include these and also the free-born descendants of manumissi. If ingenuorum has the strict sense, then libertini must include the other two classes, that is, the freedmen themselves and the descendants of freedmen. If inge- nuorum is interpreted in the liberal sense, that is to include free- born descendants of freedmen, this would leave only the manumissi to be included in the word libertini. This would make Tacitus say that if the ex-slaves were taken out, those left, (composed of the strictly free-born and the descendants of freedmen), would be few. This, it seems to me, would make his statement entirely too rash and more exaggerated than the state of things at that time would justify ; and is an interpretation unnecessarily extreme. It seems to me therefore a much more reasonable interpretation to allow libertini to include the two classes, the freedmen themselves and the descendants of such. The passage would then mean, < if 28 The Social Standing of Freedmen at Rome. men belonging to the rank of freedmen/ that is, manumissi and the descendants of manumissi, l were taken out, the strictly free- born would be noticeably scarce. 7 It should be noted, too, that this interpretation is quite in harmony with the adjectival meaning of the suffix -mo pointed out above. Cic. Phil. 2, 2, 3, 1 shows that there was a social stain attached to the grandson of a freedman, (nepotes libertini), and Suet. Aug. 2 2 says that Marcus Antonius made a contemptable thrust at Augustus by telling him that his great-grandfather was a freed- man, (libertinum). Horace, though free-born, was frequently snubbed because his father was a libertinus. The same was true of Cn. Flavius. It seems that the Vitellii, according to the most probable account, belonged to this class of men 3 ; and Quintus, one of the sons of Publius Vitellius, was deprived of his rank of senator. 4 But Quintus was not a manumissus. His father Pub- lius may not have been. The stain on his name was found in the fact that most people of his day believed that the founder of the family was a freedman. Auct. Vir. Illustr. 34, 1, (Aur. Viet., see Teuffel 414). Appius Claudius Caecus in censura libertines quoque in senatum legit. (Note the use of libertinos here without filius.) Auct. Vir. Illustr. 32, 2. Censor libertinos tribibus amovit. 5 Auct. Vir. Illustr. 57, 3. Censor 6 libertinos, qui rusticas tribus occuparent, in quattuor urbanas divisit. Concerning these three quotations from the author of the De Viris Illustribus, we notice first that he uses libertinos in speaking of the same persons that Livy, 9, 46, 10 refers to with libertinos fiUis? qui senatum primus libertinorum filiis lectis inquinaverat. The Question then naturally arises ; did the author of the De Vir. Illustr., under the influence of Suetonius, use the word in the 1 Quoted on page 12. 2 Quoted on page 16. 3 Suet. Vit. 1. 4 Suet. Vit. 2. 5 The censor here was Q. Fabius Kutilius. Livy, 9, 46, 14 records the same circumstance, where he calls this class of men 'forensem turbam .' 6 Tiberius Gracchus, cf. Livy, 45, 15, 6, and Cic. De Or. 1, 9. 7 Voigt, Ueber d. Clientel u. Libertinitiit, 1. 1. thinks the author of the De Vir. Illustr. misunderstood the meaning here, because he used libertinus without filius. Libertus and Libertinus. 29 restricted sense of the son of a freedman ? In the other two places quoted, that is, 32, 2 and 57, 3, this author uses libertinos in the same sense as Cicero and Livy do in referring to the same circumstance of removing the freedmen into separate tribes. By giving the word the liberal or adjectival meaning, as indi- cated above, the difficulty referred to in 31, 1 is avoided, and the author seems to follow the late classical use of the word. The three passages then are in harmony with each other, and with the passage from Tacitus, (Ann. 13, 27), and show a very liberal use of the word libertinus. During our Civil War, there was created in connection with the War Department of the United States Government a " Freedmen' s Bureau. 7 ' The object of this Bureau was to aid the freedmen of the southern states. At the time of the organization of this Bureau, there were Negroes in the southern states, who were not ex-slaves, and yet they came under the protection of this Bureau. There is in operation at the present time in this country, a fund known as "The John Slater Fund for the Education of Freed- men." It is well known that this fund, even from its foundation, aided free-born descendants of freed-men as well as freed-men them- selves. The use of the word freedmen in these two instances is a parallel to this use of libertinus among the Romans. From the passages quoted above, it is evident that libertinus must include men that were once slaves. We have seen also that there were places where the writers, in the use of this word, seem to have had in mind the descendants of freedmen as well as manu- missi. We must, therefore, attribute to the word a meaning that will cover both of these conditions. This offers, however, no par- ticular difficulty. On the other hand, it is the most natural meaning that the derivation of the word would indicate. We have seen above that its adjectival suffix gives the word the meaning of ' pertaining to ' or ' belonging to the class of freedmen.' This meaning very clearly fulfils both of the above requirements. Before returning to the question raised by Suetonius, I desire to quote some representative passages from the Latin authors to establish that characteristic of libertinus that we have not yet 30 The Social Standing of Freedmen at Rome. emphasized, but taken for granted, that is that it must include manumitted men. Plaut. Miles, 962. Quid ea? ingenuan an festuca facta e serva liberast? \ Vah, egone ut ad te ab libertina esse auderem internuntius ? Cic. Ver. 2, 1, 123-124. P. Tribonius viros bonos et honestos conplures fecit heredes : in iis fecit suum libertum Equiti Romano, tarn locupleti, libertinus homo sit heres ? Hor. Sat. 2, 3, 281-286. Libertinus erat, qui circum compita siccus, (281) Lautis mane senex manibus currebat et unum (282) mentem, nisi litigiosus, 285) Exciperet dominus, cum venderet. (286) Livy 39, 9, 5. Scortum nobile, libertina Hispala Facenia, non digna quaestu, cui ancillula assuerat, etiam postquam manumissa erat, eodem se genere tuebatur. Tac. Ann. 12, 53, 5. quo libertinus sestertii ter miliens pos- sessor antiquae parsimoniae laudibus cumulabatur. (Libertinus here refers to Pallas, who was a manumitted man.) Suet. Claud. 25. Libertinos, qui se pro equitibus Romanis agerent, publicavit. Ingratos et de quibus patroni quererentur, revocavit in servitutem. Compare also Plaut. Persa 839 ; Cic. Cat. 4, 8, 16 ; Livy 43, 3, 4; Livy 41, 8, 10; Livy 45, 15, 6; Suet, Gram. 5; Suet, Rhet. 3. From the passages quoted above, it is quite clear that the con- ception in the mind of the authors was that of persons who had been freed from slavery ; and in some of them, it is a single freed- man in question, about whom it is definitely stated that he had once been a slave. From these there can be no doubt that during the literary period, the word libertinus included manumissi, and that this is true at the beginning of the period in the time of Plautus as well as in the time of Tacitus and Suetonius. I repeat here the quotation from Suetonius Claudius 24. Ignarus, temporibus Appii et deinceps aliquandiu libertinos dictos, non ipsos qui manu emitterentur, sed ingenuos ex his procreates. Libertus and Libertinus. 31 I have already noted that this statement of Suetonius had a marked influence on the writers of the late empire as well as of mediaeval and modern times, and that it is frequently accepted without question. 1 As we have seen also, the most of the diction- aries apparently accept the statement. Freund, however, seems to discredit it somewhat by inserting after his definition the parenthesis, (so nur nach einer Angabe des Sueton. u. des Isidor). It has been noted above that Plautus unquestionably used libertinus in a sense to include a manumissus and that that use continued uninterrupted from his day to the time of Suetonius, and even later. Now since the date of Plautus is only about a hun- dred years after that of Appius, (Suet. 1. c.), the deinceps aliquan- diu at most can not designate a very long time. It should be noted too that Suetonius used the expression to correct Claudius, who understood that libertinus in the time of Appius meant a freedman. The crux then of this whole discussion is the statement of Suetonius, (Hadrian's time), that in the time of Appius Claudius and deinceps aliquandiu, libertinus equaled, not libertus but liberti filius. This plain categorical statement without modification or citation of authority, indeed, quite as though it was a matter familiar to the educated public, has no parallel and absolutely no support in literary reference or literary use previous to his time. 2 No one, however, who is acquainted with the temper and habits of Suetonius will believe that he made this statement rashly or on his own authority. He had one or more good, or in his opinion good, authorities. The only way now, by which we might hope to throw any light on the question of what those authorities might have been, is to subject the post-Suetonian passages in question to a rigid and 1 See pages 5 and 6 with foot notes. 2 Varro, in the De Lingua Latina, says nothing about any pre-literary meaning of the word, and uses it himself in 8, 83, cited above, where it is clear that he had in mind a man that was once in slavery. It should be noted also that Claudius used the same kind of expression that Livy, 9, 46, 10 does in referring to the same circumstance, and there is no evidence that Livy intended that the word here should have a meaning entirely different from that found elsewhere in his works. 32 The Social Standing of Freedmen at Rome. searching examination. Upon doing so, we find that they fall into a single class, scholastic, 1 and these were probably from Suetonius. We have then : 1) Classical use, libertinus equals libertus , with the distinctions between them as noted on the preceding pages. 2) Late classical and following, as indicated by Tacitus and ' Auct. Vir. Illustr./ libertinus equals libertus and descendants. 3) According to Suetonius, for early republican times, libertinus equals liberti films. LIBERTUS AND LIBERTINUS IN THE LAW CODES. Gaius, (Inst.), uses libertus 43 times, libertinus 10 times and conforms fairly well to the use of the words in literature. There is this difference, however, owing to the nature of the work, that a choice must sometimes be made between libertus and libertinus in cases where the circumstances partake of the nature of each. Compare the two following passages. Gaius 3, 43. In bonis libertinarum nullam iniuriam antique iure patiebantur patroni : cum enim hae in patronorum legitima tutela essent, non aliter scilicet testamentum facere poterant quam patrono auctore. Gaius 3, 49. Patronae olim ante legem Papiam hoc solum ius habebant in bonis libertorum quod etiam patronis ex lege XII tabularum datum est. These two passages are very much alike ; but the use of liber- tinarum in the first would indicate that the author is speaking of a class of persons ; whereas, in the second passage, the first con- cept seems to have concerned a patroness, and by the use of liber- torum, he designates individuals belonging to that patroness. 1 In the passages quoted above from the Theodosian Code, while the word seems to be used in a non-classical sense, it is not definitely denned, and it is not clear whether the author was following the Suetonian use or not. Libertus and Libertinus. 33 In five of the ten places where libertinus is used in Gaius, patrons are directly referred to, or their relationship is implied. In two of these cases it is clear that the class of persons referred to were once slaves. 1 Where the circumstances are such as to give opportunity for a clear distinction between the two words, Gaius follows the class- ical use. 2 Ulpian, (Reg.), uses libertus 21 times, libertinus 6 times. He follows fairly well the literary use of the words. But in 1, 5, libertorum genera sunt tria, cives Romani, Latini luniani, dediti- dorum numero, may seem at first sight to be the same as Gaius 1, 11, Rursus liber orum hominum alii ingenui sunt, alii libertini. Ingenui sunt qui liberi nati sunt; libertini , qui ex iusta servitute manumissi sunt. Rursus libertinorum [tria sunt genera : nam aut Gives Romani aut Latini aut dediticiorumY numero sunt. The reason that Ulpian uses libertorum here is that he is looking at the legal side, that is, he is thinking of the three kinds of men that have been manumitted ; in other words, the idea of ' the manumitted man ' is prominent in his mind. This would influ- ence him to use libertus ; while it is clear that the mind of Gaius in the place cited was dwelling rather on a class of men, whom he was distinguishing from the ingenui, and this calls for libertinus. In the corpus of Justinian, the number of occurrences of the two words is about as follows : Dig. libertus 820, libertinus 54 ; Cod. libertus 100, libertinus 19 ; Inst. libertus 41, libertinus 12 ; Total libertus 961, libertinus 85. We have of course in these writings the work of a number of different jurists, and at this late date the two words are well dis- 1 Gaius 1, 11 and 3, 56. 2 Bk. 3, 50-51. Sed lex Papia duobus liberis honoratae ingenuae patronae, libertinae tribus, eadem fere iura dedit quae ex edicto praetoris patroni habent ; trium vero liberorum iura honoratae ingenuae patronae ea iura dedit quae per eandem legem patrono data sunt ; libertinae autem patronae non idem iuris prae- stitit. Quod autem ad libertinarum bona' pertinet, si quidem intestate decesserint, nihil novi patronae liberis honoratae lex Papia praestat : itaque si neque ipsa patrona neque liberta capite deminuta sit, ex lege XII tabularum ad earn hereditas pertinet et excluduntur libertae liberi. 3 The words in brackets are supplied by Goschen from the Epit. of Gaius. 34 The Social Standing of Freedmen at Rome. tinguished, but with the same tendency of libertus to euroach upon the field of libertinus that was noted in Gaius. In the other writings of jurisprudence before the date of Justinian, except in the Theodosian Code, the two words are used in about the same manner as in Gains and the Justinian corpus. In the law codes, the relationship to patron seems to play a more important part in distinguishing the two words than in literature ; and we might reasonably expect this. The most of the laws con- cerning freedmen are enactments regulating the relation between them and their patrons. The noun characteristic, (that is the con- cept of a ' manumitted man ? ), is also usually present. Both of these features are more characteristic of libertus than of libertinus, and this may account for the frequent use of libertus in the law codes when there is some room to expect libertinus. The two words are not very frequent in the Theodosian Code, (libertus 16, libertinus 8 times), but the compilers of this code seem to have made a distinction between them that is not found in the other law codes. Cod. Theod. 4, 6, 2 (Goth.). Ceteris (quae) de eorum matribus, libertis libertinisque per novam constitutionem decreta sunt. Cod. Theod. 8, 13, 1. Liceat matribus, si impios filios probare se posse confidunt, publice adire iudicia. Matrem autem ingenuam, liberam, libertam, libertinam, cui scilicet civitatis Romanae iura quaesita sunt, ita ut queri antique iure poterant accipi audirique decernimus; itemque filios filias, ingenuos ingenuas, libertos liber- tas, libertinos libertinas, cives pari condicione Romanes. It is quite evident that the author had in mind here two distinct classes of persons in the use of libertus and libertinus ; but it is not clear what the distinction is. It may be that he uses libertinus in the sense of the son of a freedman. That interpretation would satisfy the passage. 1 It should be noted in this connection that Cod. Theod. 4, 6, 3, (Haen.), uses libertae filia to designate the daughter of a freed woman and that the Theodosian Code, 4, 8, 6, (Haenel), very clearly uses libertinus in reference to men that had once been in slavery, for the following sentence speaks of their 1 Gothofredus and Haenel make this interpretation and cite Suet. Claud. 24. Libertus and Libertinus. 35 manumission, and the words rursus servitutem relabuntur in the sentence with libertinus would indicate the same. CITATIONS FROM THE LAW CODES. Fragmenta Vaticana, Libertus: 131; 132; 152; 160; 211; 220 ; 224 ; 225 ; 272 ; 307 ; 308 ; 309. Libertinus: 226. Gaius, Inst. Libertus : 1, 165 ; 1, 174 ; 1, 179 ; 2, 266 ; 2, 267 ; 3, 39 ; 3, 40 ; 3, 41 ; 3, 42 ; 3, 46 ; 3, 47 ; 3, 49 ; 3, 51 ; 3, 52 ; 3, 57 ; 3, 58 ; 3, 60 ; 3, 61 ; 3, 62 ; 3, 64 ; 3, 72; 3, 74; 4,44; 4, 46; 4, 162. Libertinus : 1, 10 ; 1, 11 ; 1, 12 ; 3, 43 ; 3, 44 ; 3, 50 ; 3, 51 ; 3, 56 ; 3, 64. Codex Gregor., Libertus: 6, 1 ; 7, 1 ; 13, 1. lurispr. Ante-Hadr., Libertus, Vol. I, p. 72 ; Vol. II, pp. 265 ; 282 ; 321 ; 322 ; 471 ; 562. Libertinus, Vol. II, pp. 265 ; 322 ; 349 ; 483. Cod. Justin., liberty*, 1, 12, 6 ; 1, 18, 8 ; 2, 2, 2 ; 2, 6, 2 ; 2, 12, 12 ; 2, 41, 2 ; 2, 55, 6 ; 3, 28, 37 ; 4, 13, 5 ; 4, 20, 12; 5, 4, 3; 5, 4, 15; 5, 4, 28; 5, 5, 1 ; 5, 5, 7; 5, 12, 24; 5, 30, 5; 5, 37, 10; 5, 62, 5; 5, 62, 13; 6, 3, 1 ; 6, 3, 4 ; 6, 3, 6 ; 6, 3, 9 ; 6, 3, 11 ; 6, 3, 12 ; 6, 3, 13 ; 6, 4, 1 ; 6, 4, 2 ; 6, 4, 3 ; 6, 5, 1 ; 6, 5, 2 ; 6, 6, 2; 6,6,5; 6, 6,6; 6, 6, 7; 6,7, 1; 6,7,3; 6,8,2; 6, 13, 2; 6, 21, 7 ; 6, 24, 3 ; 6, 27, 2 ; 6, 28, 5 ; 6, 37, 17 ; 6, 58, 14 ; 7, 2, 10 ; 7, 4, 7 ; 7, 6, 1 ; 7, 7, 1 ; 7, 7, 9; 7,14,1; 7,15,1; 7, 16,8; 7,21,1; 7,24,1; 7, 38, 1 ; 8, 5, 1 ; 8, 46, 8 ; 8, 47, 3 ; 8, 50, 11 ; 8, 51, 3 ; 8, 55, 1 ; 9, 1, 21 ; 9, 31, I ; 9, 32, 5 ; 9, 35, 6 ; 10, 33, 1; 11,53,1; 12,1,9. Libertinus, 1, 4, 24 ; 1, 17, 2, 7 ; 2, 22, 6 ; 5, 6, 4 ; 5, 62, 3 ; 6, 7, 4; 6, 8, 2 ; 7, 14, 2 ; 7, 14, 8 ; 7, 14, 9 ; 8, 51, 3 ; 8, 58, 2; 9, 13, 1; 9, 21, 1; 10, 58, 1. Dig., Libertus, 1,1,4; 1, 5, 26 ; 1, 8, 6 ; 1, 9, 9 ; 1, 12, 1, 10 ; 2, 1, 10; 2,4,8; 2,4, 10; 2,4,11; 2, 4, 12 ; 2, 4, 14 ; 36 The Social Standing of Freedmen at Rome. 2,4,15; 2,4,23; 2,4,25; 2,7,2; 2,2,10; 2,11,10; 3, 3, 35 ; 3, 5, 7 ; 3, 5, 30 ; 7, 8, 2 ; 7, 8, 6 ; 9, 3, 5 ; 10,2,41; 11,3,141; 11,7,6; 12,2,13; 12,2,16; 12, 2, 30; 12, 4, 11 ; 12, 6, 26 ; 12, 6, 40; 14, 3, 19 ; 15, 3, 1, 14 ; 17, 1, 12 ; 17, 2, 10 ; 18, 6, 19 ; 19, 1, 23 ; 19, 1, 43 ; 19, 1, 45 ; 19, 5, 5 ; 21, 1, 17 ; 21, 2, 26 ; 22, 3, 14 ; 22, 3, 18 ; 22, 5, 14 ; 23, 2, 13 ; 22, 2, 28 ; 23, 2, 37 ; 23, 2, 45 ; 23, 2, 46 ; 23, 2, 48 ; 23, 2, 50 ; 23, 2, 57 ; 23, 2, 64; 23, 2, 66 ; 23, 2, 69 ; 24, 1, 9 ; 24, 1, 62 ; 24, 2, 9 ; 24, 2, 10 ; 24, 3, 61 ; 24, 3, 64 ; 25, 3, 5, 18 ; 25, 3, 5, 21 ; 25, 3, 5, 22 ; 25, 3, 5, 23 ; 25, 3, 5, 24; 25, 3, 5, 25 ; 25, 3, 6 ; 25, 3, 9 ; 25, 6, 2 ; 25, 6, 3; 26, 1, 8 ; 26, 2, 28 ; 26, 4, 1 ; 26, 4, 3 ; 26, 5,13; 26,5,14; 26,5,27; 26,7,12; 26,7,58; 26, 9, 3; 26, 9, 9; 27, 1, 24; 27, 1, 30; 27, 1, 43; 27, 1, 45 ; 27, 2, 1 ; 27, 3, 1 ; 28, 2, 13 ; 28, 5, 66; 28, 5, 79 ; 29, 1, 37 ; 29, 2, 73 ; 29, 4, 5 ; 30, 81 ; 30, 95 ; 30, 108 ; 30, 114 ; 31, 13 ; 31, 29 ; 31, 24 ; 31, 67 ; 31, 77 ; 31, 79 ; 31, 87 ; 31, 88 ; 31, 89 ; 32, 35 ; 32, 37 ; 32, 38 ; 32, 39 ; 32, 41 ; 32, 83 ; 32,83 ; 32, 94 ; 32, 97 ; 32, 102 ; 33, 1, 9 ; 33, 1, 10 ; 33, 1, 13 ; 33, 1, 18 ; 33, 1, 20 ; 33, 1, 21 ; 33, 2, 19 ; 33, 2, 33 ; 33, 2, 34 ; 33, 2, 35 ; 33, 4, 1 ; 33, 7, 3 ; 33, 7, 20 ; 33, 7, 27 ; 33, 8, 19 ; 33, 8, 22 ; 33, 8, 23 ; 34, 1, 2 ; 34, 1, 3 , 34, 1, 5 ; 34, 1, 8 ; 34, 1, 9 ; 34, 1, 10 ; 34, 1, 12 ; 34, 1, 13 ; 34, 1, 15 ; 34, 1, 16 ; 34, 1, 18 ; 34, 1, 19 ; 34; 1, 20; 34, 1, 22; 34, 2, 4; 34, 3, 31; 34, 4, 13; 34, 4, 30 ; 34, 5, 9 ; 34, 5, 11 ; 34, 9, 1 ; 35, 1, 33 ; 35, 1, 43 ; 35, 1, 71 ; 35, 1, 84 ; 35, 1, 101 ; 35, 2, 25 ; 35, 2, 52 ; 36, 1, 46 ; 36, 1, 80 ; 37, 4, 20 ; 37, 12, 1 ; 37, 14, 1 ; 37, 14, 4 ; 37, 14, 5 ; 37, 14, 6 ; 37, 14, 7 ; 37, 14, 8 ; 37, 14, 9 ; 37, 14, 10 ; 37, 14, 12 ; 37, 14, 13 ; 37, 14, 15 ; 37, 14, 16 ; 37, 14, 17 ; 37, 14, 18 ; 37, 14, 19 ; 37, 14, 20 ; 37, 14, 21 ; 37, 14, 23 ; 37, 14, 24 ; 37, 15, 4 ; 37, 15, 7; 37, 15, 8; 37, 15, 9; 37, 15, 10; 37, 15, 11 ; 38, 1, 2, 1 ; 38, 1, 3, 1 ; 38, 1, 4 ; 38, 1, 7 ; 38, 1, 7, 1 ; 38, 1, 8 ; 38, 1, 8, 1 ; 38, 1, 10 ; 38, 1, 10, 1 ; Libertus and Libertinus. 37 38, 1, 12 ; 38, 1, 13, 1 ; 38, 1, 13, 3 ; 38, 1, 13, 4 ; 38, 1, 13, 5 ; 38, 1, 15 ; 38, 1, 15, 1 ; 38, 1, 16 ; 38, 1, 18 ; 38, 1, 20; 38, 1, 22, 1; 38, 1, 22, 2; 38, 1, 23; 38, 1, 23, 1 ; 38, 1, 24 ; 38, 1, 25 ; 38, 1, 25, 1 ; 38, 1, 25, 2 ; 38, 1, 25, 3 ; 38, 1, 26-51, (continuous discussion of the word, 29 times) ; 38, 2, 1 ; 38, 2, 1, 1 ; 38, 2, 2 ; 38, 2, 2, 1 ; 38, 2, 2, 2 ; 38, 2, 3 ; 38, 2, 3, 6 ; 38, 2, 3, 7 ; 38, 2, 3, 9 ; 38, 2, 3, 14 ; 38, 2, 3, 18 ; 32, 2, 3, 19 ; 38, 2, 3, 20 ; 38, 2, 4 ; 38, 2, 4, 1 ; 38, 2, 4, 2 ; 38, 2, 4, 3 ; 38, 2, 5; 38, 2, 5, 1; 38, 2, 6 ; 38, 2, 8 ; 38, 2, 9 ; 38, 2, 10-18 (37 times) ; 38, 2, 20-29 (15 times); 38, 2,30-37 (21 times); 38, 2, 38-51 (36 times); 38, 3, 1 ; 38, 4, 1 ; 38, 4, 2 ; 38, 4, 3, 1 ; 38, 4, 3, 3 ; 38, 4, 3, 4 ; 38, 4, 3, 7 ; 38, 4, 4 ; 38, 4, 5 ; 38, 4, 6 ; 38, 4, 7 ; 38, 4, 8 ; 38, 4, 9 ; 38, 4, 10 ; 38, 4, 11 ; 38, 4,12; 38,4,13; 38,5,1-13 (36 times); 38,11,1; 38, 16, 3 ; 38, 17, 2 ; 39, 5, 8 ; 39, 5, 16; 40, 1, 7 ; 40, 4, 50 ; 40, 5, 4 ; 40, 5, 25 ; 40, 5, 28 ; 40, 5, 30; 40, 5, 31 ; 40, 5, 33; 40, 5, 34; 40, 5, 36 ; 40, 5, 41 ; 40, 5, 53 ; 40, 8, 5 ; 40, 8, 10 ; 40, 9, 30 ; 40, 9, 31 ; 40, 9, 32 ; 40, 10, 1 ; 40, 11, 4 ; 40, 11, 5 ; 40, 12, 3 ; 40, 12, 4 ; 40, 12, 5 ; 40, 12, 37 ; 40, 12, 38 ; 40, 12, 39 ; 40, 14, 1 ; 40, 14, 6 ; 40, 15, 1 ; 42, 1, 19 ; 42, 1, 63 ; 42, 8, 17 ; 43, 1, 2 ; 43, 1, 16, 43 ; 43, 29, 3 ; 44^ 4, 4 ; 44, 5, 1 ; 44, 5, 2 ; 45, 1, 73 ; 45, 1, 126 ; 45, 3, 38; 46, 1, 56 ; 46, 3, 98 ; 46, 4, 13 ; 47, 2, 90; 47, 2, 92; 47, 4, 1; 47, 4, 7 ; 47, 10, 7; 47, 10, 11 ; 48, 2, 11 ; 48, 4, 7 ; 48, 4, 9; 48, 5, 25; 48, 5, 34; 48, 5, 39; 48, 5, 43; 48, 10, 6 ; 48, 10, 14; 48, 10, 22; 48, 18, 1; 48, 18, 20; 48, 20, 8; 48, 22, 16; 48, 23, 1 ; 49, 14, 2 ; 49, 17, 6 ; 50, 1, 22 ; 50, 4, 3 ; 50, 16, 58 ; 50, 16, 70 ; 50, 16, 105 ; 50, 16, 172 ; 50, 16, 195; 50, 17, 69; 50, 17, 126. Dig., Libertinus, 1, 2, 2, 7 ; 1, 5, 5 ; 1, 5, 21 ; 1, 5, 25 ; 1, 5, 27 ; 22, 3, 14; 22, 4, 6; 23, 2,8; 23,2,23; 23, 2, 27; 23, 2,31; 23, 2, 32 ; 23, 2, 34 ; 23, 2, 42 ; 23, 2, 44 ; 23, 2, 47 ; 38 The Social Standing of Freedmen at Rome. 23, 2, 56; 26, 4, 1 ; 26, 5, 27 ; 27, 1, 44; 28, 8, 11 ; 29, 2, 22; 37, 14, 2 ; 38, 1, 2 ; 38, 1, 37; 38, 2, 5; 38, 2, 20 ; 38, 5, 1, 5 ; 38, 7, 2 ; 38, 10, 4 ; 38, 17, 1 ; 38, 17, 2 ; 40, 11, 5 ; 40, 14, 6 ; 40, 15, 4 ; 47, 10, 9 ; 48, 2, 8 ; 48, 5, 43 ; 48, 20, 7 ; 50, 4, 3 ; 50, 16, 46. Inst. Justin., Libertus, 1, 12, 6 ; 1, 16, 1 ; 1, 17 ; 1, 19 ; 1, 26, 11; 2, 5, 2; 2, 24, 2; 3, 8, pr. ; 3, 8, 1 ; 3, 8, 2; 3, 8, 3 ; 3, 8, 4 ; 3, 9, pr. ; 3, 9, 1 ; 3, 9, 2 ; 3, 27, 10 ; 4, 6, 13 ; 4, 25, 1 ; 4, 26, 3. Libertinus, 1, 3, 5 ; 1, 4, pr. ; 1, 5, pr. ; 1, 5, 3 ; 3, 3, 4 ; 3, 8, 4 ; 3, 10, 2. Mos. et Rom. Leges, Libertus , 4, 3. Libertinus, 4, 3 ; 4, 4; 4, 5 ; 14, 2 ; 16, 8. Julius Paullus, Libertus, 1, 1 ; 1, 1, 2 ; 1, 12, 4; 2, 19, 9 ; 2, 19, 9 e ; 2, 21 A ; 2, 29, 1 ; 2, 32, 1 ; 3, 2, 1-4 b ; 3, 3, 1 ; 3, 6, 91 b ; 4, 1, 12 ; 4, 1, 16 ; 4, 10, 2 ; 4, 14 A ; 5, 6, 15 ; 5, 12, 2 a ; 5, 15, 3 ; 5, 16, 11. Libertinus, 4, 9, 1 ; 4, 9, 7 ; 5, 30 b, 1. Codex Theod., Libertus, 2, 19, 3 ; 2, 27, 1 ; 4, 6, 3 ; 4, 6, 8 ; 4, 10, 1 ; 4, 10, 2 ; 4, 22, 4 ; 8, 13, 1 ; 8, 13, 3 ; 9, 6, 1 ; 9,6,4; 9, 20,1. Libertinus, 4, 6, 8 ; 4, 8, 6 ; 4, 10, 3 ; 8, 13, 1 ; 14, 3, 9 ; 14, 3, 10. Ulpian. (Keg.), Libertus, 1, 5; 1, 6 ; 2, 8; 11, 27 ; 19, 11; 22, 5; 27, 1 ; 29, 1 ; 29, 2 ; 29, 3 ; 29, 4 ; 29, 5. Libertinus, 12, 3 ; 13, 1 ; 16, 2 ; 26, 8 ; 29, 6. SUMMARY AND CONCLUSION. In the distinction and definition of the words libertus and liberti- nus, our test and guide is their grammatical form. Libertus was always a noun. The suffix -to suggests that it ought to mean ( one who has been freed from slavery/ and in fact it never does mean any thing else. i Relationship to patron ? (see dictionaries), is merely an attendant circumstance, though as a matter of course it is frequently present. From first to last libertus, so far as meaning is concerned is, as Isidorus said, " quasi liberatus." Libertus and Libertinus. 39 Libertinus is always an adjective, either attributive or substan- tive with the associations of the attributive. Both the attributive and the substantive use occur freely throughout the literature. The suffix -mo suggests that libertinus ought to mean ' one who is reckoned in the rank, the class, the category of liberti.' Such, in fact, is its meaning. But the boundaries of libertinus from the nature of it, are not so clearly drawn as those of libertus. Every libertus is thereby a libertinus. So in the large majority of cases, a libertinus is a libertus, but the possibility on the part of libertinus to extend beyond is not precluded by its grammatical form, and is also encouraged by the fact that the legal and social disabilities of a libertus as such did not end with him but were transmitted to his descendants. In other words, libertinus might possibly refer to the children or the descendants of a libertus as well as to the libertus himself. And indeed, though they are extremely rare, there are undoubted traces of the fact that the use of libertinus was extended in this way. According to Suetonius, libertinus had a different meaning in the time of the early republic, being restricted to the free-born sons of liberti. This statement was widely accepted by mediaeval writers, some of whom not only accepted it for pre-literary times but actually used the word themselves in that sense. More recent writers, especially in the field of law, are also influenced by Suetonius, and the most of our modern Latin dictionaries seem to accept his statement. This sentiment appears nowhere before the date of Suetonius. The formation of the word, the unmistakable evidence that it was used as early as the time of Plautus to desig- nate manumitted men, and the fact that no other Latin author speaks of the word ever having this restricted meaning, seem to discredit the statement of Suetonius. In the field of jurisprudence, the writers observe fairly well the classical usage ; but with some tendency to use libertus to refer to a class of men rather than to designate individuals, this being caused, no doubt, by the nature of the subject matter. BIBLIOGRAPHY TEXTS. Aurelius Victor (?), De Viris Illustribus, Schroter, Leipzig, 1831. Caesar, (including Bellum Africum, Bellum Alexandrinum and Bellum Hispaniense), Kubler, Leipzig, 1894. Cicero, Miiller, Leipzig, 1884-1903. Cicero, Quintus, Miiller, Leipzig, 1903. Corpus luris Ante-Iustiniani, (including Codices, Gregorianus, Hermogenianus, and Theodosianus), Haenel, Leipzig, 1837. Codex lustinianus, (Corpus luris Civilis), Kriiger, Berlin, 1895. Digesta, (Corpus luris Civilis), Mommsen, Berlin, 1899. Fragmenta Historicorum Romanorum, Peter, Leipzig, 1883. Gains, Institutes of, and Rules of Ulpian, Muirhead, Edinburgh, 1880. Gellius, Hosius, Leipzig, 1903. Horace, Kiessling-Heinze, Berlin, 1895-1898. Institutiones lustinianae, (Corpus luris Civilis), Kriiger, Berlin, 1899. Isidorus, Lindemann, Leipzig, 1833. lurisprudentia Ante-Iustiniana, (including Frag. lur. Rom. Vat., Mos. Rom. Leg. Coll., and Julius Paulus), Huschke, Leip- zig, 1867. lurisprudentiae Ante-Hadrianae, Bremer, Leipzig, 1896-1901. Juvenal, Jahn-Buecheler, Berlin, 1893. Livy, Weissenborn-Miiller, Berlin, 1867-1895. Lucilius, (Frag. Poet. Rom.), Baerens, Leipzig, 1886. Macrobius, Eyssenhardt, Leipzig, 1868. Martial, Gilbert, Leipzig, 1896. Persius, Jahn-Buecheler, Berlin, 1893. Petronius and Varro's Sat. Men., etc., Buecheler, Berlin, 1904. Phaedrus, Havet, Paris, 1895. Plautus, Goetz and Schoell, Leipzig, 1892-1901. Pliny, (Elder), Jahn-Mayhoff, Leipzig, 1875-1897. 40 Bibliography. 41 Pliny, (Younger), Miiller, Leipzig, 1903. Quintilian, Inst., Halm, Leipzig, 1868-1869 ; Declam., Hitter, Leipzig, 1884. Khetores Latini Minores, Halm, Leipzig, 1863. Sallust, Eussner, Leipzig, 1893. Scholia : On Cicero, Orelli and Baiter, Turin, 1833. On Terence, Schlee, Leipzig, 1893; Hermes, II, p. 401, 1867. On Horace, Acron and Porphyrion, Hauthal, Berlin, 1864 1866. Seneca, L. A. (Except the Epistles), Haase, Leipzig, 1898-1902 ; Epistles, Hense, 1898. Scriptores Historiae Augustae, (including, Julius Capitolinus, Lampridius, Spartianus and Yopiscus), Peter, Leipzig, 1884. Servius on Vergil, Thilo, Leipzig, 1878-1887. Suetonius (Caesars, Gram, and Rhet.), Roth, Leipzig, 1882. Suetonius, Reliquiae, Reifferscheid, Leipzig, 1860. Tacitus, Annals, Nipperdey, Berlin, 1892; Agricola, Germania and Histories, Halm, Leipzig, 1871; Dialogus, Gudeman, Boston, 1894. Terence, Dziatzko, Leipzig, 1884. Valerius Maximus, Kempf, Leipzig, 1888. Varro, De Lingua Latina, Miiller, Leipzig, 1833; De Re Rustica, Keil, Leipzig, 1889 ; Saturae Menippeae, see Petronius. Velleius Paterculus, Ellis, Oxford, 1898. BIBLIOGRAPHY GENERAL. Brugmann, Grundriss der vergleichenden Graminatik der indo- germanischen Sprachen, Vol. II, Strassburg, 1889. Brugmann, Die mit dem Suffix -to- gebildeten Partizipia im Verb- alsystem d. Lateinischen u. d. Umbrisch-Oskischen, (Indo- germanische Forschungen, V, pp. 89152). Friedliinder, Sittengeschichte Rorns, I, 237 if., Leipzig, 1888. Greenidge, Roman Public Life, London, 1901. Herzog, Geschichte u. System der romischen Staatsverfassung, I, Leipzig, 1884. Johansson, Ueber den wechsel von parallelen stammen auf -s, -n, -r, u. s. w., (Beitrage z. kunde d. indg. sprachen XVIII, pp. 1-55). Krebs-Schmalz, Antibarbarus, Basel, 1888. , Karlowa, Romische Rechtsgeschichte, I and II, Leipzig, 1885 1901. Lemonnier, Condition Prive"e des Affranchis, etc., Paris, 1887. Lindsay, Latin Language, Oxford, 1894. Meyer, Vergleichende Grammatik der griechischen u. lateinischen Sprachen, I and II, Berlin, 1865-1884. Mommsen, Romisches Staatsrecht, II and III, Leipzig, 1887. Radford, The Suffixes -anus, mus, etc., (Studies in Honor of Gildersleeve, Baltimore, 1902). Roby, Roman Private Law, Cambridge, 1902. Ronsch, Collectanea Philologa, Bremen, 1891. Salva, Condition Juridique des Affranchis a Rome, 1891. Schiller, Die Romischen Altertiimer (Miiller's Handbuch, IV 2 , Miinchen, 1893). Schnorr v. Carolsfeld, Das lateinische Suffix -anus, (Archiv f. Lat. Lex. u. Gram. I, Leipzig, 1884). Stolz, Historische Grammatik der lateinischen Sprache, I, Leip- zig, 1894. Valla, Elegantiae, Basel, 1540. Voigt, Romische Rechtsgeschichte II, Leipzig, 1899. Voigt, Ueber d. Clientel u. Libertinitat, (Berichte d. Kon. Sachs. Gesel., Vol. 30, 1878. Willems, Le Droit Public Romain, Lou vain, 1883. 42 VITA. John Jackson Crumley was born at Elizabethton, Tennessee, in February, 1863. He received his early education in the public and preparatory schools of his native state. He did his college work in Maryville College, Maryville, Tennessee, and in the National Normal University of Lebanon, Ohio, where he received the degree A. B. in 1888. During the next six years he was engaged in teaching Latin in Chilhowee Academy near Knoxville, Tennessee, and in the Texas Normal College of Denton, Texas. During the school year of 1894-'95, he was a student in the Johns Hopkins University in the depart- ments of Latin, Sanskrit and Eoman Law. From 1895 to 1897, he was President of the Holbrook Normal College at Knoxville, Tennessee; 1897 to 1899 he studied at the Univer- sity of Chicago in Latin and History. While here he received also the degree of Bachelor of Arts. In October, 1901, he entered again the Johns Hopkins Univer- sity, and during the two following years was engaged in the study of Latin and History under the direction of Professors Smith, Wilson, Vincent and Johnson, to whom he desires to express his gratitude, for their scholarly example, and especially to Professor Kirby F. Smith, his chief adviser, for his careful, sympathetic and inspiring efforts in his behalf. YC 00483 w^\m \