,s^ .^ ^i i •A' ^WEUN'!VF!?y/A '^.; .^WE•UN1VERJ/A O r a «: ^ i 30 1. >1 y - / / y '^-^-Am^A^ A MANUAL EOMAN ANTIQUITIES. Classual M0rh5 WILLIAM RAMSAY, M.A., Trin. Col. Camq., PROFESSOE OF IIUUAMTT IS THE UNIVEnSnT CK GLASGOW. I. A BTAJIUAL 07 EOHTAN ANTIQTJITrES. For the use of AdviuKcil StU'lcnts. VTilh numerous Illustrations. Eighth EUitiou. CrowM Svo, 8s. Cd., clot'.i. II. AN ELEMENTARY MANTJAL OF EOMATJ AITTiaTTITIES. .A.fi.ipteil {•>!• .lunior Classes. Witli numerous Ti'usfrations. Second Edition. Crov.-.i Svo, 4s., cloth. III. A MANTJAL OF LATIN PEOSODT. ninstrated by Copious Examples and Critical Remarks. Fourth Edition, Crown Svo, 5a., c)oth. IV. AN ELEMENTAKY MANUAL OF LATIN PSOSODY. Adapted for Junior Classes. Crown Svo, '2.S., clotli. A MANUAL ROMAN ANTIQUITIES WILLIAM RAMSAY M.A. PROFESSOR OF HUMANITY IN THE UNIVKRSITY OF GLASGOW WITH NUMEROUS ILLUSTRATIONS Itint^ ^aitiort, TxcfjisElJ a«*l (Eulargc!) LONDON CHARLES GRIFFIISr AND COMPANY 10 SXATIONEKS' HALL COUET 1873 Ar 5 PREFACE. In compiling tHs Treatise, I have endeavoured to present, in a connected form, siich information on the Topography of the Eoman City, on the rise and gradual development of the Eoman Constitution, and on the social and domestic habits and feehngs of the Eoman People, as may serve to remove some of the obstacles which impede the progress of those who are desu'ous of applying themselves to the study of Latin Literature. It must be imderstood, however, that the inquiries here prosecuted do not extend beyond the latter portion of the first century after the birth of Christ. But, even when thiis limited, the subject is so vast and so varied, that while it has been foimd impossible to dilate upon any topic, it has been necessary to touch very lightly upon several, and to pass over altogether many more which, although highly interesting in themselves, do not bear directly upon the object in view. It would answer no good purpose to enmnerate the long array of treatises and disquisitions which have been considted in drawing up a \i PREFACE. work like the present, which ought to exhibit in a condensed shape the results of tedious and intricate researches, but I cannot pass over in sUence the great assistance 1 have received fi-om the "Gallus" and the " Handbuch der Romischen Altherthiimer," vmfortunately never completed, of the late lamented Wilhelm Adolph Becker. Those who desu-e to enlarge their knowledge upon any of the subjects discussed in the following pages, may consult with advantage the excellent "Dictionary of Greek and Eoman Antiquities," edited by my accomphshed fiiend Doctor William Smith. I had the honour to contribute a few articles to that book, but I do not feel myself prohibited by that circumstance from speaking of it, as a whole, in terms of the warmest praise. WILLIAM RAMSAY. Glasgow College, 28th January/, 1851. ADVERTISEMENT TO THE FOURTH EDITION The fact that three large editions of the "Manual of Roman Anti- quities " have been sold off within a limited period, is a very gratifying proof that my labours have been approved of by those most competent to form a judgment. At the suggestion of some persons, for whose opinion I entertain great respect, I have added to this edition a chapter upon Roman Agriculture, which wiU, I trust, be found serviceable. W. R. COLLKGE OF GLASGOW, 2bth March, 1859. CONTENTS. CHAP. I. PACK TOPOGRAPHY OF ROME, . 1 CHAP. II. ON THE ORIGIN OF THE ROMAN PEOPLE, AND THEIR POLITICAL AND SOCIAL ORGANIZATION, FROM THE EARLIEST TIMES, ... 60 CHAP. III. ON THE GENERAL PRINCIPLES OF THE ROMAN CONSTITUTION, AND THE RIGHTS OF THE DIFFERENT CLASSES OF PERSONS WHO FORMED THE POPULATION OF THE ROMAN EMPIRE, .... 79 CHAP. IV. THE COMITIA, . • . . . • • • 104 CHAP. V. MAGISTRATES OF THE EEGAL AND REPUBLICAN PERIODS AND UNDER TEE EARLY EMPERORS • • 131 CHAP. VL THE SENATE, 218 CHAP. vn. ON THE PUBLIC LANDS AND ffiE AGRARIAN LAWS, • . 226 CHAP. VIIL THE ROMAN REVENUES, . . . • 282 VUl CONTENTS. CUAP. IX. rAOB EOMAN LAW AND THE ADMINISTRATION OF JUSTICE, . . . 241 CHAP. X. RELIGION OF ROME, 316 CHAP. XI. THE ROMAN CALENDAR 362 CHAP. XII. THE MILXTARY AND NAVAL AFFAIRS OF THE ROMANS, . . . 377 CHAP. XIII. ROMAN WEIGHTS AND MEASURES — COINS — COMPUTATION OF MONET — INTEREST OF MONEY, 408 CHAP. XIV. PRIVATE LIFE OF THE ROM.iNS, 421 CHAP. XV. AGRICULTURE, 468 Borne uatod on the Seven HilLs, from a large Brau of Tespasuin. LIST OF ILLUSTEATIONS. POTEAiy LiBOUis. Denarius of the Gens Scrihonia, Faustulus, &c. Denarius of the Gens Pompeia, fEMTLUINr DiVAE FaUSTINAE, Aedes Vestae. Denarius of the Gens Cassia, . Venus Cloacina. Denarius of the Gens Mussidia, The Dioscuri. Denarius of the Gens Postumia, Basilica jEjiilia et Fulvia. Denarius of the Gens JSmilia, Templuji Iani. Large Brass of Nero, . COLUMNA TeAIANA, Basilica TJlpia. Large Brass of Trajan, Arcus Triumpiialis. Large Brass of Trajan, Templuji Divi Teaiani. Large Brass of Trajan, Capitolium. Denarius of the Gens Petillia, Capitolium. Large Brass of Vespasian, Capitolium. Silver 3IedalUon ofDomitian, Arcus Septijiii Severi, . Tullianum. Sir W. GeWs Rome, Arcus Titi, .... Templum Pacis. Large Brass of Hadrian, Colosseum, .... Arcus Coxstantini, . . . Arcus Argextarius, Templum Iani Quadrifrontis, Aedes Vestae, .... Templum Fortunae Vikilis, . . Theatrum Marcelli, PoRTicus Oct A viae, Villa Publica. Denarius of the Gens Didia, Pantheon, .... Sepulchrum Hadriani, noio the Casiello di S, Angelo, Pons Aemilius. Denarius of Gens Aemilia, Insula Tiberina, PAGB 12 13 16 15 17 18 19 20 24 24 24 24 26 26 26 27 28 31 31 35 36 40 41 41 42 45 45 46 47 50 51 62 -N LIST OF irXUSTnATIONS. Aqua Marcia. Lincirius of Q. Rfarckis PhU'ipptis . Cloaca JIaxijia. Sir W. Cell's Rome, . . TuE Sekvlvx Wall. Sir IF. Cell's Rome, Balloting. Denarius of the Gens Cassia, . . Balloting. Denarius of the Gens IlcstlUa, Sella Cukulis axd Fasces, .... Aediles Cereales. Denarius of the Gens Calpurnia, . Sacerdotal Ixstru:ments. Denarius of Nero, Augustus in a Triujitiial Cau Deawn by Elephants. Augustus, ...... G.\upentum. Large Brass of Agripioina, Funijral I'vee, vrith Legend Conseceatio. Large Brass of Empeess ascending to Heaven on a Peacock. Large Brass LiCTOR ^\■ITII the Fasces, yro;» an Ancient Bas-relief, . Roman Lyees. HopeJs Costumes of the Ancients, M. CC. (^Remissae Centesimae.') Third Brass of Caligula, iJ. XL. (Jlemissae Quadragesimae.') Large Brass of G alba, Saceed Utensils. Frieze of the Temple of Jupiter Tonans, Peovoco. Denarius of the Gens Porcia, Sacrificial Knife and Axe. Frieze of the Temple of Jupiter LiTuus. Frieze of the Temple of Jupiter Tonans, Albogalerus. Frieze of the Temple of Jupiter Tonans, Ancima. Denarius of Augustus, Sac:;i;d Utensils. Denarius ofCo'.sar, . Simpuluji AND LiTL'us. Aweus of Avgustus, . Saceed Utensils. Large Brass of M. Aur dins, Roman Empeeor Saceificino. Large Brass of Caligula, Plan of the Circus of Caeacalla, . CiECUS Maximus. Large Brass of Trajan, Metae of THE CiECUs. Large Brass of B(dhinus, Plan of a Roman Theatre. According to Vitruvius, . Plan of a IIoman Theatre. Pompeii, Colosseum. Large Brass of Titus, Amphitheatre of Pompeii, .... .Jupiter, Juno, and Minerva. Bas-relief in the Capitol, Standard Bearee and Legionaries. Trajan's Column, Greeiv Warr.ioe. Hope's Costumes of the Ancients, Dacian Horseman. Trajan's Column, . Roman Standards. Denarius of M. Antonius, Triumphal Arch. Large Brass of Nero, P.OMAN Empeeor and Slingers. Trojans Column, . Ship. Tomh at Pompeii, ..... Ship. I^arge Brass of Commodus, Ship. After Scheffer, ..... I'.oman Coins. Various, .... Nuptial Couch. Ancient Paintin<^ intoninus Pius, Large Brass of ofJuli 'a Domna, 212 . 224 Tonans, LIST OF XLLUSTBATI0N8. Xl PAGl! Js'TKiiroR OF Tomb. Pompeii, ....... 427 Won. K'!\ V,A.ira, from the Baths of Titus, . . . , . . 435 RojiAN Ami'horae. Po7Ji])eii, ....... 439 Tibia. The Double FIute,yroOT a I^ainting at Pompeii, .... 448 Isis WITH SiSTEUM. Ancient Statue, ...... 450 Lyke anu Pecten. From Ancinit Paintings, . . , • . 450 TuE ToGA,//-07» Ancient Statues, ....... 4:b'i Jupiter. Statue in the Gallery of Florence, ..... 453 Statue of a Lady. Pompeii, ...... . 453 Thk Paenula. Ancient Statue, ....... 453 Calcei and Soleae. Becker's Gallus, ...... 454 Plans of Eoman Houses, ...... 466, 4G7 JuPiTKK WITH Statuk OP Victory. Hope's Costumes of the Ancients, . 407 CHAPTE?. I. TOPOGRAPHY OF ROME.' Canipngrna tli Roma.-— The district now kno^\Tl as the Campagna di Itornn extends along the shore of the Mediterranean for sixty miles southward from tlie moiitli of the Tiber, and inland as far as the first slopes of the Apennines, which here begin to rise at a distance of from 25 to 35 miles from the sea. This region presents a very peculiar aspect. In the immediate vicinity of the coast the laud is low and swampy, and as we ascend the streams the meadows which border their banks partake of the same character. But the remainder of the countiy is a vast expanse of table land, rolling in long swells, broken and furrowed in all directions by deep ravines and water-courses, the sides of which are frequently rocky and precipitous. The sm-flice of the table land is, for the most part, per- fectly dry, the general elevation above the level of the sea is seldom less than 100 feet, and in some places it rises into ridges of considerable height, while in the midst of the plain the bold, picturesque, isolated mass of the Albau hills (JSIons Alhanus) divides the Campagna proper from the deadly level of the Pomptine marshes (Paludes Pomptinae.) Site of KoMie. — The seven Mils. — About eighteen miles from the mouth of the Tiber, the stream, whose course is south by west, makes a very sudden bend nearly due west ; and, as it gi-adually sweeps back to its former direction, forms an acute angle, in which lies an alluvial meadow, containing upwards of 300 English acres. This is the celebrated Campus Martins, and on this flat a great portion of the modern city has been built. The southern extremity of the Cam- pus Martius was known by the name of the Prata Flaminia. A steep bank rises abruptly from the edge of the Campus Martius, and then slopes gradually into the table land, which forms the general surface of the coimtry beyond. This bank presents a very irregular and rugged outline towards the river, the contmuous ridge being broken by numerous projecting bluffs, which jut out into the lov/ ground, and, of these, the foiir which approach most nearly to the river, at the southern extremity of the Campus Martius, being cut off froni i It is necessary to warn the young scholar that almost every point connected with the topography of ancient Rome, beyond the mere identification of the seven hills, has given rise to animated, complex and interminable controversies, which, in some cases, such as the disputes regarding the position of the Forum, and the determination of the Arx and the Ciijiilulmiii, may almost be said to have assumed the aspect of a national quarrel, since nearly all Italian antiquaries adopt one set of opinions, while the most eminent Germans agree in advocating opposite views. We cannot, of course, in a work like the present, at- tempt to give even an outline of the arguments and illustrations employed by the conflicting parties ; but we shall endeavour to state plainly those conclusions which appear most reasonable, following, in a great measure, as our most trustworthy guides, the great work by Plainer, Bunsen, Gerhard and Rostell, entitled " Bcschreibung der Stadt Rom," and the first part of the " Handbuch der Riimischen Altherthiimer," by the late lamented Wilhelm Adolph IJecker, to which we may add some excellent papers in the Classical Museum by Mr. E. H. Buubury. 2 TOPOGRAPHY OF R05IE. the main riclge, and from each other, by intersectinomitium was freijuently covered over ■nitli an awnmg for the convenience of the senators and other dignified persons who stood there to witness the show.^ Tribunal. Putcal. — On the Comitium, at the extremity most remote fi-om the Capitoliue, was a raised platform, the original Tribunal, Avhere the I'raetor Urbanus sat to administer justice. It was used for this purpose down to the very close of the republic, although, from the increase of legal business, both civil and crimmal, munerous other tribunalia were established elsewhere. Close to the tribunal was an altar in the shape of a well-cover, (pvteal,) tmder which tlie razor and whetstone of the augur Attus Navius were buried; this was the celebrated Puteal Libonis or Putcal Scribonianum, so named in consequence of having been restored and beautified by a certain Scribonius Libo, which be- came a noted rendezvous for men of business. A rcpresent.ation of this monumriit as it appears upon a denarius of the Gens Scribonia, is annexed. * 1 C\c, In V. rr. I. 22. pro. Seat. 35. Liv. V. 55. XXXIV. 45. Dion?8. 1. 87. II. I'J. IIL L 8. 2 Varro I, I, \'. § 166. 3 I.iv. XXVII. *;, 4 Cic. do divin. 1. 17. Hor 8. IL vi. 35. Epp. L .\ix. 8. Pers. S. IV. 49 and the schoJiasts upon these patEagcg. Ovid. li.A. 661. TOPOGRATIJY OF KO^TE. 13 Rosira. — On the boundary line, between the Comitium and tlie lower forum, stood the elevated platfonn, (subgestus,^ adorned with naval trophies won (B.C. 338) from the Antiates, and hence called Rostra, from which the magistrates and other public speakers were wont to harangue the people. The Rostra, from being consecrated, is frequently spoken of as a templum. ^ Towards the close of Julius CjEsar's career, or in the early part of the reign of Augustus, the position of the Rostra was changed and transferred from the Comitium to the south side of the lower forum. ^ Rostra lulia. Aedes diri luliL — When the body of Julius Cffisar was in the act of being conveyed to the Campus Martins, tlie populace siezed the bier, and having raised a funeral pile, burned the coi-pse at the upper end of the Comitiiun. An altar and a column were soon after erected on the spot, and eventiTally a temple, to the deified dictator was raised on an elevated base (xj»^;tonino. Et. Dwjr. Faustixje. Ex. S. C, the whole forming part of the modern church of S. Lorenzo in Iilu-anda. These remains may be regarded as marking the north-east angle of the ancient Comitium. AciIl-m i>c-uni Pciintinm. — At a very short distance from this point, but not included witliin the limits of the forum, stood the temple of the Public Penatf's (Aedes Deum Penatium) a portion of which is included in the modern church of SS, Cosma et Damiano. Acdrn VcMiae. K<;;:ia. — Passing to the south side of the Comitium, oppo- site to the Curia and Vulcanal, stood the temple of Vesta (/I «/f.s T'c.v^ae) the most holy of all the shrines of Rome, in whose penetralia the Palladium was 1 Liv. I. 30. XXIT. 7. r.O. Cic. de rep. 11. 17. Varro L.L. V. % 155. 2 Cic. pro Mil. a:), ct Ascon aU loc. Plin. II.N. XXXIV. 6. Aapian. B.C. II. 21. Dion Cass. XL. 4!». SO. XLIV. b. XLV. 17. 3 Uionys. IL &0. 54. V. 25. Plut. Kom. 21. Liv. II. 10. IX. 46. Plin. II.N. XVI. 44. AuL Cell IV. 5. 4 Varro L.L. V. ^ l.W. .5 Varro L.L. V. ^ l.Vi. Val. Max. II. ii. G. According to Fcstus, p. 347, Senaculum was tnothur word for a Curia or scnatc-hiuise. TOPOGRAPHY OP ROME. 15 preaerved ; and connected with it was a considerable pile of building affording accommodation to the Vestiil Virgins, who all lived within the hallowed precincts. The shrine itself was immediately under the Palatine, the site being now occupied by the modern church of S. Maria Liberatrice ; but it was connected with the Comitium by the building called the Atrium Vestae^ or frequently Atrium Regium, or simply Regia, from having been the dwelling of Numa. Under the re- public the Regia was the official resi- dence of the Pontifex Maximus. ^ An- nexed is a representation of the sanctuary as it appears upon a denarius of the Gens Cassia, exhibiting the round form com- mon to all the temples of tliis goddess : the other symbols on this interesting coin will be explained hereafter. Curia lulia. — When the Cm'ia Hostilia was finally removed by Julius Csesar, it became necessary to provide a substitute, and accordingly a new hall, the Curia lulia, was commenced and finished by the dictator, but consecrated by Augustus. The precise spot is nowhere specified ; but we are expressly told by Pliny ^ and Dion Cassius^ that it was close to the Comitium, (in comitio— ■.ri^J?^ ^^^- ''' Appian. B.C. II. 148. Hor. C. I. ii. 15. and Schol. Cruq. Ovid. Fast. VL 263. Trist. III. i. 29. Dion Cass. Fragm. Vales. XX. Serv. ad Virg. lEn. VIII. 363, says, Quisemm tgnorat, Regiam, ubi Numa habitaverit, in radicibus Palatiifyiibugmie Romani fort esse. ^ 2 H.N. XXXV. 4. 3 XLIV. 5. XLVII. 19. LI. ?2. 16 TOPOGRAPHY OF KOrHE. Toi^ot Tu xo/niriu,) and it is equally certain that it did not occupy the site of the Curia HosliUa. Hence, it will be ditTicult to find a space where it could have been placed, except immediately adjoining to the Atrium Vestae. ' The Curia lulia was, in all probability, destroyed in the gi-cat fire during the reign of Nero; and Ave have reason to believe that the area was filled l)y a temple of Minerva, one of the numerous shinncs raised in honour of that Goddess by the Emperor Domitian. By him, also, or by one of his successors, a new senate-house, a tSenatus^ as it was termed in the decline of Latinity, was built, not beside the Comitium, but at the foot of the Capitoline. Fornix Fabianiis. — Lastly, at the extremity of the Comitium, probablyat the north-east angle, stood tlie Fornix Fahianus, an arch erected by Q. Fabius Maximus, (consul B.C. 121) when censor, as a memorial, it is supposed, of his victory over the Allobroges. '■' LOWER FORUM. We now proceed to consider the lower Forum, as distinct from the Comitium. In this open space all ordinary business was transacted ; it was the regular place of meeting for the Comitia Tributa, and during the greater portion of the republic gladiatorial shows were exhibited here, and public banquets laid out.^ We shall notice the most remarkable objects. r.aciiM €iirtiu)ii. — An altar, in the veiy centre of the Forum, marked the posi- tion of the Lacus Curtius, concerning which there were three distinct legends : 1. That it was a memorial of the gix'at battle between the Piomans and Sabines M'hich followed the seizure of the Sabine maidens, this being the spot where the horse of Curtius, the Iloman cliampion, succeeded in struggling out of the swamp in wlilch it had become entangled.* 2. Tliat this was the place where, in the flnu'th ccntmy of tlie city, a ya\vning gidf suddenly opened, into which plunged the youtliful warrior, M. Curtius, generously devoting himself to destraction in order to secure the welfare of his country. '' ,3. That it was a spot which had been strack by lightning, (fult]urititm} and, as usual under such circumstances, surrounded by an enclosure and regarded as sacred, the ceremonies having been performed by C. Curtius, who was consul B.C. 310. « Close to the Lacus Curtius grew a fig-trc-e, an olive, and a vine, whicli seem to have been regarded with the same reverence by the plebeians of the olden time, as the fig-tree on the Comitium was by the patricians. ' Close to the Lacus Curtius, Galba sunk under the blows of his murderers, and here a statue was afterwards erected to his memory by the Senate. ^ Finally, beside the Lacus Curtius was erected the equestrian statue of Domitian, so minutely described bv Statius, in a passage which ought to prove a valuable guide in determining the position of several of the most remarkable objects in so\d around the fonun. " 1 See Varro ap. Aul. Cell. XIV. 7. Propert. IV. iv. 11. 2 Cia pro Plane. 7. in Verr. Act. I. 7. and .Schol. De Orat. 11. CG. Senec. de const, sap. 1. Trebell. Poll. Salonin. I. 3 Dionyx. VII. b'.i. Liv. XXIII. .W. XXVII. 36. XXXI. 50. XXXIX. 46. Cie. pro ScBt. 58. SiK'ton. Tib. 7. Prop. IV. viii. 70. Ovid. A. A. L ICS. Plin. H.N. XV. 18. Dion CaBS. XL, 40. LV. 8. « Liv. I. 1.3. Dionys. IL 42. Plut. Rom. IS. Ovid. Fast. VL 395 Stat. Silv I. i. C6. 78. « Liv. VII. 6. Plln. II.N. I.e. VaL Max. V. vi. 2. 6 Varro L.L. V } M8— 150, gives all the accounts. 7Plin. UN. XV. 18. H Taeit. Ilict. II. 5.i. Suet. Galb. 23. » Stat. Silv L i I TOPOGRArilY OF KOJIE. 17 Colnmna Rostrata. — In tlie forum was the celebrated pillar adorned with the Rostra of war-galleys, erected to commemorate the great naval victory gained by Duillius, in the first Punic war, (B.C. 2G0.)^ A fragment of the original inscription engraved upon the base of the column, or, rather, of a copy of it made at a later epoch, still exists, and is a most valuable monument for illustrat- ing the history of the Latin language. Columna ITIacnia. — This pillar was erected, according to the statement of Pliny, in honour of C. Mauius, who, in B.C. 338, triumphed over the Antiates, while the Scholiast on Cicero asserts that it was named from a certain M;enius, who, ha\dng sold the whole of his property to form a part of the site for the Porcian Basilica, (see below,) resei-ved one column, from whi(;h he and hif. descendants might view the gladiatorial shows, a circumstance which could have no connection with a pillar in the forum, althougii it may serve to explain the term Maeniana, which originally denoted scaflbldings or balconies from which spectators viewed the games. We find that the Columna Maenia was the place where the Triumviri Capitales were wont to hold theii" courts for the trial of slaves and malefactors of the lowest class. ^ lani. — There were three archways or lani in the fonim, one at each ex- tremity and one in the middle, severally distinguished as lanus Suminus — lanus Medius — lanus Tmus, of which the lanus Medius was one of the chief resorts of monied men and usurers. ^ Tribunal Aurclium. — The tribunal of the Praetor Urbanus was, as we liave seen, in tlie Comitium ; but as legal business rapidly increased, it was found necessary to multiply the courts ; and, in all probability, when criminal trials became frequent, each of the judges had a separate court in some of the Basilicae, ■which we shall describe below. In Cicero we hear several times of the Tribunal Aurelium (also of the Gradus Aurelii.,') and it is conjectm-ed that it was the same with that which he elsewhere notices as having been in medio for o. * Cloacinac Nacruiu. — On the north side of tlie forum was an altar of Venus Cloacina (cluere anliqui purgake dicehant^) where the Komans and Sabincs were said to have pm-ified themselves after they had been persuaded to lay down their arms by the entreaties of the women. On a denarius of the Gens Mussidia, of which a cut is subjoined, we find a structiu-e represented with the word cloa- ctN. below, wliich we can scarcely doubt was attached to the altar in question. It is supposed to have been employed for some purpose connected with the voting at the Comitia, and hence it is imagined that, of the two figures delineated, one is giving and the other receiving a balloting ticket, " but this seems very doubtful. Statnac. — There were several statues in the forum, among which we find specially noticed that of Mainius, that of L. Camillus, and that of Q. Marcius Tremulus, who triumphed over the Ileniici. Close to the latter, in later times, was placed the effigy of L. Antonius, brother of the triumvir. " 1 Quintil. LO. L 7. Silius VI. mX 2 I'lin. H.N. XXXIV. 5. VIL 60. Cic, divin. in Q,. CjeciI. 10. and Schol. pro Sest. 68. Fest. 8.V. Maeniiina, \>. I.'i4. 3 Liv. XLI. 27. Hor. S. IL iii. 18. Epp. I i. 5t. Cic. Phil. VI. 5. VII. 6. Ovid. R. A. .%!. 4 Cic. pro Sest. l.i. in Pison. h. pro Cluent. 34. Epp. ad Q,. F. II. 3. 6 Liv. III. 48. Piin. H.N. XV. 'I'J. Plaut. Cure. IV. L 9. Eckhel, Doctrin. num. vpi. Tom. V. p. 2.'J8. e Liv. Vin. \X IX. 43. Cic. Philipp. VL 5. G 18 TOPOGRAPnY OF ROME, milliarinm Aarenm. — At the foot of the slope leadhig up to the Capiloline, but in the forum, (i?j capite fori,) Augustus set up a gilded column, similar in shape to an ordinary mile-stone. This Milliarium Aureum was regarded as the Umbilicus, or central point of the whole Roman empire, from which all the highways radiated m different directions, and on it were inscribed the distances to the most important points, calculated from the gates at which the respective roads emerged from the city. ' Tabula Valeria. Tabula Scsiia. — -Cicero twice designates a particular fart of the foram by the words Tabula Valeria, ^ which are fully explained by 'liny,'' who informs us that 51. Valerius Maximus Messala placed upon one side of the Cm-ia Hostilia a picture representing the victory gained by him in Sicily over Hiero and the Carthaginians, B.C. 263. The Tabula Sestia spoken of in the speech Pro Quinctio* as in the foram, was probably something of the same kind. We now proceed, as in the case of the Comitium, to mention the buildings which lined the lower fornm on both sides. Tabernse Vetcrcs. Tabernje IVorae. — Both sides of the lower foram, from the time of Tarquinius Priscus, were lined with porticoes, to which rows of shops (tahernae) were attached ; these were at first tenanted by schoolmasters and Ijy ordmary tradesmen, among whom butchers are especially noticed; but in process of time, were occupied almost exclusively by bankers, and hence, are frequently comprehended under the general designation of Argentariae Tabernae. The row. upon the south side, ha\'uig been erected first, bore the name of Veteres Tabernae, those on the north side of Novae TaJjernae, while a particular compartment waa known as the Sepiem Tabernae, and at a later period as the Quinque Tabernae. These localities were so continually in the mouth of every one, that we find them generally spoken of simply as Veteres — Novae — Argentariae, the substantive Tabernae being dropped for brevity. jEdes Castoris. — On the gouth side of the fonim, separated from the Delu- brum Vestae and the Cm-ia lulia, by the Vicus Tuscus, stood the celebrated temple of the Dioscuri, generally mentioned as the JEdes Castoris. It was built upon a spot where rose a spring called the Lacus luturnae, at which the twin brethren watered their steeds after the battle of the Lake Regillus. It was de- dicated B.C. 484, on the Ides of QuinctUis, the anniversary of the battle — was repaired by L. ]\Ietellus (consul B.C. 119) — was rebuilt by Tiberius in the lifetime of Augustus, and dedicated A.D. 6, and was connected with the palace by Cali- gula, who placed his own effig}' between those of the twin gods. " In the cut annexed, taken from a denariiLS of the Gens Postumia, the Dioscuri are seen watering their steeds at the Lacus luturnas on the evening of the battle. 1 Tacit. Hist. I. 27. Suet. Oth 6. I'lin. H.N. III. 5. Plut. Galb. 24. Dion Cass. LIV. 8. 2 Cic. in Vat 9. ad Vam. XIV. 2. » Plin. H N. XXXV. 4. ♦ Cic. pro Quinct. 0. e Liv. 1. V> III 4t. IX. 40. XXVI. 11. 27. XXVII. 11. Varro. L.L. VI §59. 91. Varroap. Non. s.v. Tahprnw, p. 304. Cic. Acad. II. 22. Diony.s. XI. 2S. e Dionys. VI. 13. Plut. Coriol. A. Val. Max. I. viii. 1. Ovid. Fast. I. 707. Cic. pro Scaur. 4G in Verr. I. 4+. .VJ ap Aul. liell. XVI. 17. I-iv. I. 41. V. 32 50. 52. Cic. de div. I. 4."). II. :i2 Solin. I. § 24. Ovid. Fast. VI. 39".. Plut. Cam. 30. de fort. Rom. .■> 4 Sueton. Caes. 2G. Plin. II.N. XXXV. 12. XXXVI. 15. Tacit. Ami. XVI. 27. Appian. B.C. IL 102. Dion Cass. XLIIL 22. Monum. Ancyraa. TOPOGRAPHY OF EOJIE. 23 Pantini, formed a part of the portico of the temple of Mars Ultor, and hence one fixed pohit at least is obtained for determining- the relative position of the imperial fora. This temple of Mars Ultor must be distingiiislied from the small shrine on the Capitoline erected by Angarstus to the god under the same title. Of this we shall speak in the proper place. ^ Wiien Ovid refers to irza/oro,- he includes the Forum Romanum^ the Forum lulium, and the Forum Aucjustum. 8. Forum Traiisitorium, s. Perrium, s. Palladium, s. IVervae. — ^Ves- pasian having erected a magnificent temple of peace behind the Aedes Deum Penatium (see above, p. 14,) to the north-east of the Comitium, his son Domitian determined to remove the private buildings from the space between this temple and the two last named fora, and to convert the area thus obtained into a new forum. He did not, however, live to witness the completion of this scheme, which was carried out by Nen^a. The forum thus formed was called Forum Nervae, from the emperor by whom it was dedicated — Transitorium or Pervium, in consequence, it would seem, of having been traversed by some important thoroughfare — Palladium^ from a temple of IMinerva, which, together with a shrine of Janus Quadrifrons, formed its cliief ornament. ^ 4. Forum Traiaui. — The formn of Trajan, built according to the plan of Apollodoms of Damascus, must be regarded, whether we consider the extent of the area which it embraced, the gigantic operations performed in cutting away the Quirinal to extend this area, or the number and the magnificence of the stnictures comprehended witliin its limits, as the most vast and most splendid work of the imperial times. It consisted of six parts — (1.) The Forum proper, divided into the Atrium Fori and the Area Fori. In the centre of the fonner was an equestrian statue of Trajan. (2.) Basilica Ulpia, called by Lampridius Basilica Traiani. (3.) Columna Traiani. This celebrated column is still entire. The shaft is covered with a series of most interesting bas reliefs, commemorating the achieve- ments of the emperor, who was inten-ed at its base. It stood in the centre of a smaU square, suri-ounded by porticoes. (4.) Bihliotlieca Ulpia. (5.) Templum Divi Traiani, dedicated by Hadiian. (6.) Arcus Triumphalis. Very considerable remains of this gorgeous imdertaking can still be traced, and will be found fully described in all the more important works on modem Eome. * In the cuts on the following page wiU be seen the column with the remains of the portico as it exists in the present day — the Basilica Ulpia, the Triumphal Arch, and two temples, or two different views of the same temple, all as represented on large brass coins of Trajan. 1 Suet. Octav. 29. 31. 56. Velleius 11. 39. 100. Martial. VII. 51. Macrob. S. II. 4. Uion Cass. LIV. 8. LVI. 27. LXVIII. 10. 2 Trist. III. lii. 24. 3 Suet. Dom. 5. Martial. X. 28. Stat. Silv. IV. iii. 9. Lamprid. Alex. Sev. 28. Aur, Vict. Caes. 9. 12 Serv. ad Virg. Mn. VII. 607. Lyd. de Mens. IV. 1. * Dion Cass. LXVIII. 16. 29. LXIX. 2 4. Spartian. Hadr. 7. Capitolin. Antonin. 21. 22. Lamprid. Alex. Sev. 26. Commod. 2. Vopisc. Prob. 2. Aurelian. 1. Tacit. 8. Aurel. Vict. Epit. 13. Ammian. Marcell. XVI. 10. Aul. Gell. XL 17. XIII. 24. 24 TOPOGRAPHY OF ROUE. TOPOGR^iPHT OF E03IE. 2S MONS CAPITOLmUS. The Capitoline hill, the smallest of tlie seven, is about three quarters of a mile in cu'cumference at its base, running li-om north-east to south-west, and ap- proaching, at its southern extremity, within 250 yards of the river. It has two tops, separated by a hollow, which was called Inter duos lucos, now the Piazza del Campidoglio, and this hollow tradition declared to be the spot where Romulus formed his Asylum. ^ The northern summit is the more lofty, rising to the height of about 160 feet above the sea, or 127 above the ordinary level of the Tiber ; while the southern smnmit is about 10 feet lower. On one of the two summits stood the Arx or citadel, on the other the great national temple, the Capitolium, dedicated to Jupiter Optimus Maximus conjomtly with Juno and Minerva. ^ That one of these summits was the Arx and the other the site of the Capitohum is admitted by nearly all topogi-aphers ; but whether the Arx stood on the northern and the Capitolium on the southern summit, or vice versa, is a question which has given rise to fierce and prolonged controversies. The discussion has, moreover, been rendered more intricate by the loose manner in which the terms Arx and Capitolium are employed by ancient writers. Thus, since the whole hill was sti'ongly fortified and regarded as the citadel of Rome, Arx is fl'equently used as synonymous with MoJis Capitolinus ; wliile, in like manner, Capitolium has an equal latitude of signification. It would be impos- sible here to give even an outline of the arguments adduced by the conflicting parties, or of the ingenious inferences which have been di-a-\vn from minute cucumstances. It is enough to say, that those scholars who have studied the subject most deeply, and are best able to form a sound opinion, agree that the Arx or citadel proper must have stood upon the northern and more lofty of the two summits, now occupied by the church of Santa Maria in AraceH, and that the temple of Jupiter stood upon the lower eminence, now the site of the Palazzo Caffarelli. This lower siunmit presented, in ancient times, a rocky face towards the river, the precipice falling abruptly not less than 80 feet ; but it is now considerably less, havmg, in the course of ages, been cut down and sloped away — this was the Saxum Tarpeium or Rupes Tarjieia, the whole of the lower summit being the Alans Tarpeius^ although the latter term, and also Arx Tarpeia, is employed, like Arx and Capitolium.^ to designate the whole hill. ^ The Capitolium was vowed by Tarqumius Prisons, in the Sabine war, * but he lived to lay the fomidation only ; the work was prosecuted with gi-eat vigour by Superbus, who called in the aid of Etruscan workmen, and was neai-ly finished at the time of the revolution ; for we find that it was dedicated in the year of the first consulate. ^ The legends connected with the founding of the temple — the refusal of Terminus and Juventas to remove from the spot — the finding of a hiunan head, fi-ora which the name Capitolium was said to have been derived, are all recorded by the native and foreign historians of Roman affairs. ^ The edifice contained three cellae or shrines — in the central compartment was the statue of Jupiter seated, arrayed in costly robes, with his face pauited scarlet ; on his right hand was the statue of Mmei-va, on his left the statue of Juno, both standing. The original structm-e remained imharmed mitil B.C. 83, when it was 1 Liv. L a Dionys. II. 15. Ovid. Fast. III. 4-29. 2 Atx and CapHuHum are frequently distinctly opposed to each other, e.g. Liv. VI. 20. Dionys. IL 15. Aul. Gell. V. 12. 3 Liv. I. 5,5. Varro. L.L. V. § 41. Plut. Rom. 18. Tacit. Hist. III. 71. * Liv. I. 38. Cic. de R. II. 20. Dionys. III. 69. IV. 59. Tacit. Hist. IlL 72. « Polyb. III. 22. Liv. IL 8. Plut. Popl. 13. 14. « Varro L.L. V. § 41. Liv. I. 55. 66. V. 54. Dionys. IV. 69. seqq. 26 TOPOGRAPHY OF ROME. consumed by fiie. Tliis misfortune happened during tlie civil wars of Marius and Sulla ; but does not appear to have been connected with any struggle or tumult. ^ It was restored with great magnificence by Sulla, ^ who did not live to dedicate the new edifice ; but tliis ceremony was peifonned by Q. Lutatius Catulus, (consul B.C. 78,) and hence the building is called by Cicero Monu- vientum Catuli. ^ This second temple was destroyed in A.D. 69, by the partizana of Vitellius — restored by Vespasian* — consumed by fire almost immediately after his death, and rebuilt with gi-eat splendour by Domitian. * Of the destruc- tion of this fourth edifice we have no distinct record. The cuts below represent the temple at three of these epochs ; the first is from a denarius of the Gens Petillia, which bore the cognomen of Capitolinus, and must be intended to depict the capitol as restored by Sulla, the second is from a large brasa of Vespasian, the third from a Greek silver medallion of Domitian ; in the two latter the sitting figiu-e of Jupiter between the standing figin-es of Juno and Minen'a is distinctly visible. (n front of the temple was an open space, the Area CapitoUna, in which public meetings of diflerent kinds were occasionally held,® and in the immediate vicinity was the Curia Kalabra, where, in ancient times, the priests made proclamation, on the kalends of each month, of the period when the Nones and Ides would fall, and of other matters connected with the Kalendar. ' The other buildings of note on the lower summit, were the temples — of Jupiter Feretriiis, foimded by IJomulus, in which Spolia Opima were deposited ^ — of Fides, originally buUt by Kuma, renewed, B.C. 259, by M. Atilius Calatinus, and afterwards by M. Aemilius Scaurus " — of Mevx, and of Venus Erijciria, both dedicated during tlie second Tunic wai''° — of Honos et Virtus^ dedicated by C. Marius, and hence 1 Appian. B.C. I. 8T Tacit. Hist. IIL li. 2 Tacit. I.e. Plut. Popl 18. :i Plut 1 0. Cic. in Verr. IV. 31. 38. I.iv. Epit. XCVIII. Suet. Caes. 15. Dion Cass. XXXVII. 41 XI.III. 14. 4 Tacit. Hist. IV. 53. Suet. Vcsp. 8. Dion. Cass. LXVL la « Plut. Popl. 15. Suet. Uom. .'). Dion Casa. LXVL 2i. « I.iv. XXV. 3. XLIII. IG. XLV. 3G. 7 Varro L L. V. § 13 VI § ^7. 8 Liv. 1. 10. IV. '.^0 Dionys. II. 34. » Uv l.'^\. Cic do N D IL 23. Plut, Num Ifi. JO Liv. XXIL 10. XXIII. 31. Cic. de N.D. I.e. Plut de fort. Rom. la TOPOGRAPHY OF KOME. 27 etv\ed Momtmenium Marii ' — of Jupiter Tonans, and of Mars Ultor, built by Augustus,^ and of Jupiter Custos, built by Domitian. ^ On the Arx were — the Auguraculuin, a sacred stone on wliich the Augur sat with veiled head looking towards the south when taking auspices on behalf of the state — a temple of luno Moneta., with the officina or mint attached, built on the spot where the mansion of king Tatius, and afterwards the house of M. Manlius had stood * — and a temple of Concordia^ built dm-ing the second Punic war. ^ In the hollow between the two summits was a temple of Veiovis ; but this does not appear to have been the shi-ine which in earlier times conferred on the spot the character of a sanetuaiy. ^ Approaches to the Capitol. — The Only approach to the capitol during the kingly and republican periods was by the slopmg road called Clivus Capitolimis, which led up from the forum ; but m the imperial times it was accessible on the opposite or river side, by a hundi'ed steps. ^ The former must be more particidarly described. Cliviis Capitolinas. — At the bottom of the Clivus Capitolinus stood, and still stands, as represented in the annexed cut, the triumphal arch erected by Septlmius SeveiTis to conuuemorate his conquests in the East. Tassmg through this, the road turned to the left and ascended the slope. On the right hand was the temple of Concordia; the open space in front being tlie Area Concordiae. It was founded by M. Furius Camillus about B.C. 366 — rebuilt by Tiberius, and contained many remarkable works of art. Here, both 1 Cic. pro Sest. 54. pro Pla^nc. 32. and schol. de Div. L 28. Vitruv. 111. 2. Fest. s. v Summissiorem p. 344. 2 Dion Cass. LIV. 4. 8. 3 Suet Dom. 5. 4 Pint. Rom. 20. Solin. I. 21. Liv. VI. 20. VII. 23. 5 Liv. XXII. 33. « Liv. II. 1. Dionys. II. 15. Plut Rom. 9 ' Tacit. Hist IIL 71. 28 TorooKAriiY or home. dufiuji- the vopuMio ami luulor tlio oin|iiro, llio SimkUo oa'asioiiallv liolil tlu'ir mootiiigs; and lioio the nioniorablo doliato took iilu-c dui-iuo- tlio Caliliiiaiian txinsjtiraoy. ^ Near tho toiuplo of Concord was Iho tomplo of Satitniiis, tliroo wlumns of wIi'k'U t^till ivmaiii; and oonnnoctod witli it was a vow anoient Am Sattinii and a Sairlltnn Ditis. The toniiilo itsolf was dedicated 1>.0. -lOS or -JD? ; bnt the Imildino- is said to iiave been conmieneed bv the seeonil Tar(|nin, or even by Tulhis llostilins. It w:U3 rebuilt by L. JMunatiiis riaiiens, about 15. C. 42, :uid again renewed by Soptindus Severus. Duriuii' tlie republic it Avas employed as the State treasury, (^atrariniii,) and here not oidy tlie imblie nioi\cy but tho military standards also, the decrees of the Senate, and all pidilie documents were deposited, •■' until the erection oi' the Talnilariitm or reeurd-otlicc, which was built soon atlcr the burning of the eapitol, in 1>.C. 8;>, and doilicatcd by Q. Lutatins Oatulns, as proved by tho inscription now, or lately, legible on tlio substructions — Q. Li tatu's Q. F. Q,. N. Catulvs Cos. Siuistkuctioxeji kt TAlUM.AlIir.M KX S.C. FACirNDl'M CoKUAvn-. 'riiUiaiiiim. — On tho right hand side of the niodern ascent from the forum to tho eapitol, which docs not, however, coincide with the ancient Clivus Capitolinus, wo tind a very interesting memorial of the earliest ages of tho city. This is tiic prison built according to the Uoman writers by Aliens I^lartius, to which his euecessor added an mulcrgronml dungeon, ever after known as tho 'J'tilliniiuni, and most graphically described by Sallust. Tiie upper and lower cells arc still both entire, and iiave been converted into chapels. (.)riginally the only access to tho under prison was by a iiole in the vaulted r^of, through which erinnnals wore lot down ; tho steps by which we now de- scend are modern. Tho annexed cut taken from the excellent work of Sir AVilliam Gell on " Tho Topography of Ixome and its Vicinity," presents an accurate view of tho present aspect oi' tins ancient struc- ture, and the remarks niton it in tho work itself are well worthy of attention. Here perished dngurtha — here Lcutnlns, ami others comiected with tiio oouspiracy ot* Catiline; and here, according to the tra- ditions of tho Roman Catholic church, St. Peter was eontincil. The term Mamerthio Prison, (Career Mamcrtinu.t,) by which it is uow genendly distin- giushed, is to be found in no classic author.* In tho inunediato vicinity of tho prison, w ere the Scalae Gemoniae on which the bodies of criminals who had been put to death Avere exposed.* I'.VLATIITM, S. JtOXS I'ALATINX'S. The Palatine was, as we have already seen, tiie site of the original city of Romidus. It is elevated IGG feet above'tiie level of the sea, or l'6'o above" tho 1 I'liit. Cam. 42. Liv. XXXIX. 5G. XL. 19. Oic. riiilipn. H. 7. VII. a Siiot. Tib. 2a lln. U.N. XXXIV. 8. XX.XVn. 1. Ovid. Vast. I. Ml. Dion Cuss. LV. 8. Fcst. 8.V. Suliiriiiit p. 322. Suet. Octav. ai>. Macrob. S. 1. 8. 11. ru 2 l)ionv». I. 34. VL Orell. C, 1. No. ;)i)0. 3 Pint. ropl. 12. Q R. 43. Liv. HI. 69, * Liv. L 3t. XXIX. 22. XXXIV. 44. BbUuM Cat. as. Pint. Mar. 12. 4 VfcL Mn.\. ^L ix. 13. Tacit Uist. IIL 74. Dion Cass. LVIIL a. Varro L.L. V. § l.M. Kest. s.v. TuUiniium p. 3j(>. TOl'OGEAPUY OF P.01IE. 29 ordinary level of tlie Tiber; but it probably waa at one time considerably liigher, ita summit, as well as those of the other hills, having been cut down and levelled, in order to afford a greater extent of flat ground for building. The slope to the north-west, in the direction of the capitol, bore the name of Gerriuilvji or Cerrnalns ; ' and in this locality were many objects connected with the earliest tra/litions. Here was the Lupercal, or cave of Lupercm, who was eventually identified with Arcadian Pan;^ here grew the Ficus liuminalis, beneath whose shade the twin brothers were suckled by the wolf, and which wa« afterwards miraculously transplanted to the Comidum;^ here vraa the Casa liomuli, * the humble dwelling of the first king ; here the sacred cornelian-cherry tree, which sprung from the shaft of a spear hurled by Eomulus from the Aven- tine. ' Higher up the hill, on the same side, was the shrine of the goddess Vicloria, which wa,s said to have been in existence before the foundation of Rome, and in which, on account of its peculiar sanctity, was deposited the effigy of the Marjna Mater when transported from Pessinuns to Home, B.C. 205, until a separate temple was erected to receive it, which also stood upon the Palatine, facing the east. *"' On the summit was the Curia Saliorum, where the Lituus of llomulus and the Ancilia were preserved. ^ Near the Porta Murjonia, overlooking the Nova Via and the forum, was the temple of Jupiter Stator, vowed by Komulus in his great conflict with the Sabincs, and beside it stood the royal dwelling of Tarquinus PrLscus and his succf^ssors. ^ On the south-cast extremity, above the spot where the Arch of Constantino now stands, was the edifice called Curiae Vetercf, where of old the thirty Curiae were wont to hold their religious assemblies. * But the most celebrated temple on the hill was that of Apollo, built of Carara marble by Augustus soon after the battle of Actium, and dedicated B.C. 28. It Avas surrounded by colonnades of African marble, and to it were attached spacious halls, which contained the celebrated library. The open space in front was the Area Apollirds ; and here, between the pillars of the portico, stood statues of the fifty daughters of Danaus, while opposite to them, if we can trust the scholiast on Pcrsius, in the open air, were ranged the fifty sons of Jigyptus upon horse-back. ^'^ On the Palatine, during the republic, many of the noblest and most distin- guished citizens had their dwellings. Here was the house of the traitor, Vitruvius Vaccus, which, having been levelled with the ground, (B.C. 811,) the site remained without buildings, under the name of Vacci p>rata,'^'^ — of M. Fulvius Flaccus, which was demolLshed during the troubles of the Gracchi, its place being occupied at a subsequent period by a colonnade built by Q. LutatiiLs Catulas, (Porticus Catuli,) and decorated with the spoils won by him in the CLmbric 1 Varro L.L. V. J 54. Plut. Rom. 3. Paul Diac. 8. v. C'.'rmalus p. .'55. s.v. Septimonlium. p. 341. 2 Dionys. I. yi. VJ. 3 DioriyH. /. 70. Varro, L.L. V. }64. Paul. Diac. i.v. liuminalis p. 2^1. Plut. Rom. 4. Ovid. Fast. H. 410. Serv. ad Virg. JEn. VIIL 90. 4 Varro, Dionys. 11. cc. Plut. Rom. 20. « Plut 1. c. « Dionys. L .ri. Liv. X. 3.3. XXIX. 14. XXXVI. 3C. Dion Cass. XLVL .33. 7 Clc. tie divin. I. 17. Dionys. fra^mt. Val. Max. I. viii. 1!. 8Llv. I. 1^. 41. Dionys. IL 50. Ovid. Trist. III. i. 31. Plut. Cic. 16. Plin. H.N. XXXIV. 6. Sol In. I. 24. » Varro I,.L. V. 5 IS.--.. Ovid Fast. III. 1.39. Macrob. 8. I. 12. 10 Dion Cass. XLIX. 15. LI II. 1. Velleiua II. 81. Suet. Octav. 29. Schol. Pers. IL .56. Ovid. Trist. HI. i, M. llLiv. VIH. 19. 30 TOPOGRAPHY OF KOME. •war ^ — of M. Livius Dnisus, which afterwards belonged to one of the Crassi, then to Cicero, and, upon his banisliment, was demolished by Clodius, who ex- tended the Porticos Catnli, and dedicated the remainder of the Ai-ea to Lihertas. ' On the Palatme lived M. Scaunis, so reuo\^^led for his sumptuous extravagance ; M. Antonius, whose mansion was made over to Agrippa and Messala ; Catiline and Hortensius, whose houses were subsequently occupied by Augustus. * With him a new epoch commenced in the histoiy of the hill ; the name Palatium Boon began to mean the imperial residence, and, in process of time, was appro- priated to denote the imperial residence not only at Piome, but in any pai't of the world. Tiberius had a Jiouse on the Palatine called the Dornus Tiheriana^ * sepai-ate from that of Augustus. It retained its name for a considerable period atter his accession, and a public library Avas attached to it. We cannot doubt that dming the reign of the second emperor, as well as those of his immediate successors, especially Caligula, ^ considerable changes and extensions must have taken place iii the buildings allotted for the- reception of the comt, in order to accommodate the numerous officers of state and then- retainers ; but still there were miqnestionably many private residences on the hill, especially on the northeni side. Durmg the reig-n of Nero, however, the prince appropriated the whole of the Palatine, of the Velia, of the valley of the Coliseum, and of the south-eastern portion of the Esquiline, including the gardens of Maecenas, and lip to the Seman Agger, for his Domus Transitoria ; but this having been destroyed in the great fire, was succeeded by the still more celebrated Domus Aurea, ° which was to have transcended in magnificence every thmg before imagined in imperial Rome. The projector, however, did not live to complete his plan, and the work, contmued through tlie brief reign of Otho, ^ was stopped by Vespasian, Avho at once restricted its limits to the Palatine itself, which from this time forward, was occupied almost exclusively by the buildings requisite for the court. At the southern extremity of the Palatine, Septimius Sevenis erected his Septizonitan^ a building of which remains existed towards the close of the 16th centuiy, but of which the nature and object are quite unknown. ^ Approaches to the Palatin^. — The principal access to the Palatine, at all epochs, was through the Porta Mngonia^ (see above, p. 5,) which opened out upon the Velia. The only other access kno^vii to us was by the Clivus Victoriae, tliiougli the Porta Eomannla, which was approached by steps from the point where the Nova Via entered the Velahriim. * The Velia. — It does not appear that there were any buildings of importance upon the Velia, with the exception of those already mentioned in connection with Sacra Via., before the reign of Nero, by whom it was comprehended within the limits of his Domus Aurea ; but at a subsequent period its summit and base were adorned by some of the most splendid edifices of the empire. At the top of the Velia, and tlie highest point of the Sacred Way, stood, and still stands, as represented m the annexed cut, the Triumphal Arch of Titus, 1 Val. Max VI. iii. I. Orat. pro don. 43. 2 Velleius II. 14. Plut. Cic. 8. .'O. Cic in. Pison. 11, and note of Ascon. ad Fam. V. & Orat. pro, dom. 44. Dion Cass. XXXVIII 17 3 Cic. pro. Scaur, and note of Ascon. Plin. H.N. XXXVL 3. Dion Cass. LIU. 27. Suet Octav. 72. de ill grainm. 17. 4 Tacit. Hist. I. 'AT. Plut. Galb. 24. Aul. Cell. XIII. 19. i Plin. H.N. XXXVI. 15 « Tacit. Ann. XV. 39. Suet. Ner. 31. Martial. Spect. 2. T Suet. Oth. 7. 8 Spartian. Sept. Spv. 24. Get. 7. Ammian. Marcellian. XV. 7. Comp. Suet. Tit. 1. 9 Varro L.L. V. § IC4. Fest. s.v. liomaiuiin purtam p. 'iiii. TOPOGRAPHY OF ROME. 31 erected to commemorate the capture of Jerusalem, with bas-reliefs, exhibiting the golden candlestick and various other sacred utensils, which formed part of the spoil of the temple. The inscription — Senattjs Populusque Eomanus Divo Tito Divi Vespasiani F. Vespasiano Augusto — proves that it could not have been completed until after the death of Titus. 'Eiili' On the side of the Velia next the forum, was the sumptuous Templum Pacts, erected by Vespasian after the Jewish triumph ; ^ it stood in the midst of a spacious area known in latter times as the Forum Vespasiani or Forum Pads. '■' fhe original temple was burned shortly before the death of Commodus,^ and a portion of the site was probably employed by Maxentius for the vast Basilica, which, after the downfal of the usui-per, was distinguished as the Basilica Constantiniana. On the other side of the Velia, towards the Coliseum, stood the colossal statue of Nero, 120 feet in height, * which, after midergoing many transmutations in name and feature, was removed from its original position by Hadrian, to make room for the Templum Veneris et Romae, subsequently named Templum Pacis^ one of the most georgeous of all the imperial struc- tures. ^ The annexed cut, from a large brass of Hadrian, is supposed to represent the temple in question. 1 Joseph. B. J. VII 5. § 7. Dion Cass. LXVI. 15. Suet. Vesp. 9. Plin. H.N. XXXIV. a Aul GeU. V. 21. XVI. 8. 2 Ammian. Marcellin. XVI. 10. Procop. B. G. IV. 21. .Symmach. Epp. X. 78. 3 Dion Cass. LXXIL 24. Herod. 1.14 ♦ Suet. Ner. 31. Vesp. 18. PHn H.N XXXIV T ' Dion Cass. LXIX. 4. LXXI. 3L Martial Spect 2. Spartian. Hadrian. 19. Lamprid. Commod. 17. 32 TOPOGKAPHT OF KOME. MONS AVENTIXUS. The Aventine, which rises to 150 feet above the sea, or 117 feet above the ordmary level of the Tiber, presents a more extended flat surface on its summit llian any of the other hills. Immediately to tlie south-east of the Aventine, and separated from it by a narrow valley, is a hill of considerable magnitude, and on this we now find the modern churches of S. Saba and S. Balbina. This second hill is nowhere named in the classical writers, and it is a matter of doubt whether it was or was not regarded as a part of the Aventine. It has been ingeniously conjectured, that a difference of opinion upon this subject may have given rise to a variation in the MSS. of Dionysius, (III. 43,) some of which give twelve stadia and others eighteen stadia as the circumference of the Aventine. Twelve will corre- spond well mth the Aventine proper, while eighteen would include both. Another ciu-ious fact coimected with the Aventine embarrassed the Roman antiquaries of the empire. It was the only one of the seven hills not comprehended within the Po- moerium of Sei-vius Tullius, and it remained excluded until the reigni of Claudius.^ The Aventine is said to have been inhabited during the reign of Ancus Martius, who assigned it to the inhabitants of Tellene and Politorium, and other towns conquered by him ; - but it seems, subsequently, to have been in a great measure deserted, for, towards the close of the tlurd century, it was overgrown with wood, and formed a portion of the state lands, (ager puhlicus,) occupied by the patricians, from whom it was wrested after a hard struggle, and portioned out among the plebeians. ^ From this time forward it remained chiefly in the hands of plebeian families, and was, as it were, the stronghold of the order, even after all political distinctions between the patricians and the plebeians had been swept away. There were several localities on the Aventine connected with the legendary his- tory of the city. At the foot of the hill, near the Porta Trigemina, close to the place afterwards called Salinae, were the Ara Evandri, * tlae Antrum Caci, ^ and the Ara lovis Inventoris,^ reared by Hercules to commemorate the finding of his oxen ; there was also pointed out on the top of the hill a spot which long bore the name of Remoria or Rerimria^ where Eemvis watched the auspices ^ — an altar to lupiter Elicius^^ which dated from Numa — the street Lauretum ^ where once grew a grove of laurels over the grave of king Tatius — the Armilus- trium,^^ where a festival, bearing the same name, was celebrated, it is said, by armed men ; but the nature of the solemnity is imknown. The most celebrated temple was that of Diana, and hence Martial terms the whole hill Collis Dianae,^^ built by Servius as the shrine where the gTcat Latin confederacy, of which Rome must, at that period, have been regarded as the head, might offer up common sacrifice.'^ The ancient edifice appears to have been in existence in the time of Augustus, and in it was presei-ved, even at that epoch, the original brazen plates on which were inscribed the Foedus Latinum and the Lex Icilia. Scai'cely less 1 Aul. Cell. XIII. 14. 2 Uv. I. y3. Dionys. Ill 4.3. 3 Liv. lU. 31. 3i. Dionys. X. 31. 4 Dionys. I. 32. « Virg. JEn. VIII. 190. Ovid. Fast. I. 6.51. Solin. I 8. « Dionys. I. 39. I Paul. Diac. s.t. Remurinus agfr, p. 27G 8 Varro L.L. VI. § <)4. I.iv. I. '20 I'lut. Num. 15. 9 Varro L.L. V. § 152. Dionys. III. 43. I'lin. H N. XV. 30. 10 Varro L.L. V. § 153. VL § 22. Paul Diac. s.v. Armilustnum, p. 19. Plut. Hoin. 21 Liv. XXVIL 37. II Martial. VI. 64. VII. 73. XIL 18. 12 Liv. I. 45. Dionys. IV. 26 TOPOGRAPHY OF ROilE. 33 celebrated was the temple of luno Regina, built and dedicated by Camillus after the sack of Veii, and liere the wooden statue of the goddess, brought from the conquered city, was deposited. ' Near a rock, called Saxum Ruhrum^ which is probably the same with the Remuria noticed above, on the first do-svnward slope of the ridge, towards the south, stood the shrine o^Bona Dea^ aftervvards removed by Hadrian. ^ There was also a temple of Minerva^ as old, at least, as the second Punic war ^ — of Luna * — and of Libertas. * With the latter, many suppose that the Atrium Libertatis, so frequently mentioned in the classics, was connected ; but there is eveiy reason to suppose that the latter lay somewhere between the Forum and the Campus Martins. ® On the narrow strip of land between the Aventine and the river, outside the Porta Trigemina, was the harbour or quay (emporium^) where all merchandise conveyed by the Tiber was landed. This was gradually extended, and the accommodation enlarged ; and here we must look for the covered shed called Porticus Aemilia, set up by the aediles M. Aemilius Lepidus and L. Aemilius Paulus. ' Here, too, as might be expected, were the corn market, ® the public granaries, and a Vicus Frumentarius, * and this was the quaiter of the wood merchants (lignarli.') '" Approaches to tiie Areutine. — The chief, and, in ancient times, probably the only approach to the Aventine, was by the slope called Clivus Publicius, so named from L. and M. Publicii Malleoli, plebeian aediles, by Avhom it was paved and rendered passable for wheel carriages. It ascended from the Porta Trigemina, and was the regular' access from the quarter of the forum. " iTIonte Testaccio. — To the south-west of the Aventine and included within the cu*cuit of the Aureliaa walls, rises a little hill or mound, upwai'ds of 130 feet above the level of the Tiber, and more than a quarter of a mile in circiunference, composed entirely of broken pottery ; the gTound all round for a considerable distance, being raised nearly twenty feet above its natm-al level by a mass of similar fragments. This eminence is now known as the Morde Testaccio, and the name 3Ions Testaceus occurs in an inscription, as old, at least, as the eighth century, while the position of the Porta Ostiensis^ built by Hononus, proves that the siu-face of the gromid at that point has not undergone any material change since the commencement of the fifth centmy. There is, however, no allusion to the Monte Testaccio in any ancient writer ; and no plausible theory has yet been devised to account for such an extraordinaiy accumulation of pot- sherds in this locality. Poria Capena. — In the valley between the Aventine and the Coelian, stood the Porta Capena^ which gave its name to the first of the Augustan regions. This district lay altogether beyond the Servian wall, fonnmg one of the numerous suburbs. In the immediate vicinity of the gate was the temple of Honos, erected 1 Dionys. IV. 26. X. 32. frasm. XIII. 3. Liv. V. 22. 2 Ovid. Fast. V. 148. Spartian. Hadrian. 19. 3 Fest. s V. Quinguiitrux, p. -J.^l. s v. Scribas, p. 333. * Liv. XL. 2. Ovid. Fast. IIL 833. 5 Liv. XXIV. 16. 6 Liv. XXV. 7. XLIII. 16. XLV. 15. Cic. pro Mil. 22. ad Att. IV. 16. Another Afriujii Libertatis was built by Asinius PoUio, who here established the first public library known in Rome. See Suet. Octav. 29. Plin. H.N. VII. 30. XXXV. 2. 7 Liv. XXXV. in. XLL 27. 8 Liv. XL. 51. Plin. H.N. XVIIL S. XXXIV. 5. 9 See Becker, p. !65. 465. 10 Liv. XXXV. 41. 11 Fest. sv. Puhlicins CUrui:, 238. Varro L.L. V. § I5S. Liv. XXVL la See also the important description of the procession in Liv. XXVIl. 37. 34 TOPOGRAPHY OF ROME. by Q. Fabius Verrucosus, and repaired after tlie captvu-c of Syracuse (B.C. 212,) by M. Marcelliis, who attached to it a temple of Virtus, and decorated the twin shrines witli several master-pieces of Grecian art, brought from the conquered city. ^ From tliis point, or from the neighbouring temple of Mars, ^ the Komaii cquites proceeded annually, on the 15th of July, in solemn procession (transvec- tio) to the capitol. ^ Beside the temple of Mars stood a sacred stone, the Lapis Manalis, * Mhich was dragged into the city with certain ceremonies, dui'ing periods of excessive drought, in order to procure a fall of rain. Vailis Egcriae. — Near the Porta Capena was the dell in which Numa was wont to liold nocturnal converse with the nymph Egeria, {Hie uhi nocturnae Numa constiliiebat amicae,') and the grove consecrated to the Camoenae, together with the sacred gi-otto and spring — localities minutely described by Livy and Juvenal, " especially by the latter, whose words ai'e so distmct, that ii is difficult to imagine how the opinion maintained by so many modem topographers, that we are to look for these spots outside the modem Porta S. Sebastiauo, the Porta Appia of the Aurelian circuit, could ever'have foiuid supporters. Piscina Piiblica. — Bordering on the region of the Porta Capena, and also outside of the Sen-ian wall, lay the Twelfth of the Augustan regions, which took its name from the Piscina PuUica, a large tank, in which the populace used to bathe and exercise themselves in swimmmg ; but the pond itself had disappeared at a compai-atively early epoch, although the name still adliered to tlie district. ® MONS COELIUS. irionH Coclitis. — The Coelian presents the largest level surface next to the Aventine, and rises to the height of about 158 feet above the level of the sea. It was originally, we are told, named Moyis Querqnetulanns, from the oaks with which it was clothed, and received the appellation o? jSlons Coelins, from a certain Coelins A''ibennus or Coeles Vibenna, an Etruscan chief, who foimed a settlement on the hiU, as early as the time of Piomulus, according to one account, or in the days of the elder Tarquin, according to another. ' For a short period, under Tiberius, it was designated Mons Aur/usiiis, to commemorate the liberality of the emperor in supplying funds for repairing the ravages caused by a destnic- tive conflagration. ^ It must be remarked that the smface of this hill is broken up into several divisions, by depressions and projections, and Avhile the whole was termed ]\Iorts Coelins, one of the smaller heights or ridges was distinguished as Codius Minor or Coeliolus ; " but topographers have been unable to fix upon the portion to whicli tills title belongs. We lieai' of scarcely any public buildings of importance on the Coelian. There •were chapels of Dea Carna '° — of Minerva Capta,^^ — and of Diana (on the 1 Ovid. Fast. VI. 191. Propert. IV. iii. 71. Serv. ad Virg. JEn. I. 2f)2. 2 I,iv. XXV. 40. XXVII. 2a. Cie. do N.D. II. v3 in Verr. IV. 54. Val Max. L i. 8. i 3 Dionys. VI. 13. Cic ad ft. F. III. 7. Aurcl. Vict, do viris ill. 32. ' * Paul Diac. 8. v. Aqixailirium. p. 'i. s.v. Mamilem I.apidem, p. 128. Varro ap. Non. XV. ' i.v. TruUeum, p. 375. ed. Gerl. Antist. Lab. ap. Fulgent, s.v. Manales Lapides, p. 388. ed Gerl. « Liv. I. Ul. Juv. S. Ill 10. comp Plut. Kiini. \?,. « Fest. s V. Phrinne imbliciie. p -213. Liv. XXIII. 32. Cic. ad Q.. F. III. 7. T Tacit. Ann. IV. G.5. Varro L L. V. § 46. Dionys. II. 3G. Tab. Lugd. ap. Grut. XIL 8 .Suet. Tib. 4S Tacit. Ann. IV. CV. 9 Varro L.L. V. § 40. Orat. de Ilarusp. rcsp. 1.^. Martial. XII. 18. lOMacrob S. L 12. U Ovid. Fast. III. 837. comp. Varro L.L. V. § 47. TOrOGEAPHY OF EOME. 35 Coeliolus)^ — a temple to Dtvus Claudius, commenced by Agi-ippina, destrojed by Nero, and restored by Vespasian ^ — and a temple of Isis. * On the Coelian was the Aqua Alercurii, the spring whose virtues have been celebrated by Ovid, * and the Campus Martialis, where the Equiria were cele- brated^ at times when the Campus Martins, the ordinary place of exliibition, chanced to be overflowed. ^ We are told that Tidlus Hostilius fixed on the Coelian as the site of his palace, ^ although, according to other accounts, he dwelt on the Velia. '' In later times it was decorated by many sumptuous private dwellings, ^ of which the most celebrated were — the house of Mamm-ra — the Domus Lateranorum, belonging to the Plautii Laterani, from which the magnificent church of S. Giovanni in Laterano derives its name ' — and the Aedes Vectilianae, in Avhich Commodus perished. ^'' Almost the only memorial of ancient times now standing on the hill, is an arch, probably connected originally with some of the aqueducts in this district. It is usually kno^^Ti as the Arcus Dolabellae, having been erected, as the inscrip- tion informs us, by the consids P. Cornelius Dollabella and C. Jmiius Silanus (A.D. 10.) Ccroliensis. — The hollow between the Coelian and the Esquiline seems, as we have akeady stated, to have borue the name CeroUeiisis, and here wiis the _) Orat. e Ilaruspic. rpsp. 15. •■' Suet. Vesp 9. Frontin. de Aquaed. VO. S Trebell. Poll. trig, tyrann. 24. * Ovid. Fast. V. G73. « Ovid. Fast. III. 519 Paul. Diac. s.v. Marlialh Campus, p. 13i. 8 Liv, I. 30. 7 Cic. de R. II. 3). 8 Val. Max. VIII. ii. 1. Pifn. H.N. XXXVI. 6. Martial XII. !8. I. Lamprid. Commod. \G. 9 Jut. S. X. 18. Tacit. Ann. XV. 49. 60. Victor Epit. 20. 10 Lamprid. Comnjod. 16. Capil.olia Pevtin. 5. Capttolin. M. Aurel. 33 TOPOGR.VrHY OF ROMS. <;ncellnm Streniae, wliicb marked the commencement of the Sacred Way. ' In hi vaUey were fo med the costly fish-ponds of Nero {stagna Neroms;) mcluded vSi n the limits of the Aurea Domus ; and their site was afterwai-ds occupied by he s upendous mass of the CoUse^im, the most impressive,_ perhaps, of all nnc nt ufns. Li the same valley we can still trace the rcnams of the Meta SnA where the water Irora a copious spring, rising through a conjcal p. ar, fas rec ived into a basin of stone; and finally, at the pomt where tins hollow iSb that which divides theP^^latine from the Coelian, stands, s dl enUie, ^-'represented in the cut below, the Triumphal Arch of Constantnae the Great, erected to conunemoratc bis victory over Maxcntius. ESQUILUE S. MONS ESQUILINI'S. ^ye have abcady, in our preliminary sketch, explained generally the relative position of the localities connected with the Esquiline — the Mons Oppius — the ^f()7ls Cispius — the Carinae — the Vicus Cyprius — the Vicus Patricias, and the Suhura. 9IonM Oppius. Cariuac. — That portion of the Mons Oppius which was termed Carinae is now marked by the modem church of S. Pietro in Vincoli, and the extensive ruins of the baths of Titus (^Thermae Titi.) This district seems to have formed originally a sort of independent village, for we hear in ancient times of the Terreus Mums " of tlie Carinae ; and, according to the Sen-ian division, the Carinae wa.s influded in the llcgio Sithurana, and not in the Refjio Esquilina. The temple of 'Telliis, the most celebrated on the Esquiline, wa.s situated in the Carinae. It was built l)y 1'. Sempronius Sophus, (consul B.C. 268) on tlie site of the mansion once occupied by Sp. Casaius, (B.C. 485.) * In the Carinae was tlie house of Cn. Pompeius, * and towards the close of the 1 Varro I..L. V. } 47. 2 ^ence. Kp. fiC 8 Varro I, L V, § 48. M)iony3. VIII. -;». Liv. II, 41. Orat. pro dom .-?:< « Suet, de Ul. gramm. J5. Tib. 15. Dion Cass. XLVIIL 38. TOrOGRArilY OF ROME. 37 republic it seems to have been regarded as one of tlie most f;ishionabIe quaiters of the city. In a street leading do-\m into the Vicus Cyprius was the Tigillum Sororium, a beam stretching across the pathway after the manner of a yoke. Under this, according to the legend, Horatius passed in token of humiliation, after the unhappy death of his sister ; and altars were erected hard by to In?io Sororia and larius Curiatius, ^ on which sacrifices were regularly offered up at stated periods by the Gens Horatia. IHous Cispius. — The summit of the Mons Cispius is marked by the celebrated modem church of S. Maria I^Iaggiore, in which the pavement is 187 feet above the level of the sea. The gi-eater portion of the Esquiline was, in ancient times, covered with wood, and although this gradually disappeared, traces of it remained in the numerous Luci or sacred groves scattered up and do^vn. Among these we find especial mention made of the Fagutal or Lucus FagiUalis, with the Sacellum lovis Fagutalls - — the Lucus Esquilinus '^ — iXi^Lucus Poetelius * — the Lucus lunonis Zuciwae, with her temple, built in B.C. 375,* and the Lucus Mejitis.^ The last, taken in connection with the altars to ]\Iala Fortuua ^ and to Febris, ^ would seem to indicate that the air of this quarter was regarded as unwholesome ; and it is certain that, for a long period, the greater portion of Esquiline proper was inhabited by the humbler classes only, and contained no public buiiduigs of importance. The amenity of the upper part of the hill must have been entirely destroyed by the vicinity of the Campus Esquilinus, an extensive level outside the Servian wall, which was the ordinaiy place of punishment for malefactors convicted of capital crimes, and sen'cd as a place of interment for all classes in the com- munity.® Not only were the rich buried here, but a part of the ground was set apart for slaves and criminals, whose bodies were frequently tluown down and left to decompose or to become the prey of dogs and burds, without an attempt being made to cover them with earth. "^ But during the reign of Augustus the aspect of this region underwent an important change. Maecenas having selected the highest point for his residence, erected a lofty edifice {turris Maecenatiana) commanding a most extensive prospect, removed the public cemeteries to a greater distance, and laid out the ground aroimd his mansion in spacious gardens and pleasure grounds (horti Maecenatiani,') ^^ which descended by inheritance to Augustus, and remained for some generations in possession of his successors. COLLIS VIJUXALIS. The Viminal was separated from the Esquiline by the Vicus Patricius, from tlie Quirinal by the Vallis Quirini and the Vicus Largus, now the Via di S. Vitale. The point where the ridges of the Viminal and Quirinal luiite is 180 feet above 1 Liv. I. 26. Dionys, III. 21. Fest. s.v. Sornriiim tigillum, p. 207. * Varro L.L V. §49. 50. Fest s.v. SeplimoiUiu, p. 348. Paul. Diac. s.v. Fagutal, p. 87. s.v. Septimontium, p. 341. 3 Varro L.L. I.e. 4 Varro I.e. fi Varro i.e. Dionys. IV. \b. Ovid. Fast. II. 435. Plin. H N. XVI 44. 6 Varro 1 c. Fest s v. Sp/dimontin. p ;i48. 7 Cic. rte N. D. III. 2f>. de. legg. IL 11. 8 Val. Max. II. v. 6. 9 Plaut. Mil.Glor. II. iv. 6. Tacit. Ann. II 32 Suet Claud. 25. loClc. Philipp. IX. 7. Hor. S. I. viii. 14. and schol. C:ruq. X.c. Kpod V. 9!). Varro L.L. V |>j U Hor. S. L viii. 14. and sclioliasts. C. III. xxix. 10. Suet. Ner. .^. c3H TOPOGRAPirr of rome. the level of the sea ; the floor of the church of S. Lorenzo is 170. No portion of the ancient city was less distinguislied by public buildings or remarkable sites of any description, and hence we may conclude that it was at all times inhabited chiefly by tiic poorer classes. Almost the only edifice of which we find any notice was the mansion of C. Aqnillius, a Eoman eques, celebrated for his legal knowledge, who flourished during the last century of the commonwealth. This is said to have transcended in magnificence even the dwellings of Crassus the orator and of Q. Catulus, on the Palatine. ^ At a later period Diocletian erected, on tiie height where the Viminal and Quirinal join, his vast Thermae, the most extensive and costly of all the imperial piles of that class. A fragment of the ancient structure is included iu the beautiful modem chm-ch of S. Maria degli Angeli. COLLIS QUIKINALIS. Tills hill, of which the highest point is at its junction with the Viminal, is said to have been originally called Agonus,"^ and to have received the name by which it was subsequently known, when colonized by the Sablnes, {Curetes — Qnirites — Quirinus) by whom it was inliabited dm'ing the earliest ages of Rome. The most celebrated temple was that of Quirinus. We hear of its existence as early as B.C. 435 — it seems to have been rebuilt and dedicated in B.C. 293, by L. Paplrius Cursor, in fulfilment of a vow made by his fother the dictator, and it was again rebuilt by Augustus m B.C. IG.^ Before the erection of the triple slu-Ine to Jupiter, Juno, and Minerva upon the Capitollne, there existed a temple on the Quirinal consecrated to these deities, and although thrown into the shade by the sjiiendour of the new edifice. It was still in existence at a very late period, and is called the Capitolium Vetus by Varro, while it is indicated by Martial, when be speaks of Jovem antiquum. * On the Quirinal were also temples of Flora ;^ o^ Sal>is,° decorated with paintings by Fabius PIctor, neai- which was the house of Pomponius Atticus ; ^ ^nd oi Fortnna Primigeiiia.^ Close to the Porta Collina was the Campus Sccleratus, where the Vestal virgins who had broken their vows were buried alive;'* and beyond the gate was a temple of Venus Erycina. '** COLLIS HORTULORini. Tills hill, which, in the decline of the empire was named Mons Pincius, — wlience the modern appellation Monte Pincio — rises, at Its highest point, about 220 feet above the level of the sea. It was not included within the Servian wall ; and, as the name imports, was laid out in gardens and pleasure grounds. Among the most celebrated of these were the Ilorti Sallustiani, in the hollow towards the Quirinal,'' and the Horti LucuUiani, firet mentioned in connection with the downfal of Mcssalina. '- Having now completed the circuit of the high grounds, we return to the 1 Plin. II N. XVII, 1. 2 Fest. 8.V. Quninnlit coVit. p. 2SI-. Paul. Diac. s.t. Agnniiem,p. 10. corop. Dionys. II. .T SDionys. II. C3. Ovid. Fast. II. 511. VL 7>J5. Liv. IV. ai. X. 46. Plin. H.N. VII. 60. XV. 2a Dion Cass LIV \ 101. 3 Viirro L L. V. § 4ii. Tacit. Ann. IV. 6.'.. I'ropert. IV. ii. 4e.<;, erected by M. Atilius Cala- tinus, in the first Punic war, destroyed by fire in the second Punic war, rebuilt, again destroyed in B.C. 31, and again restored by Germanicus ^ — that of luno Sospita, (or perhaps Juno Matida,) vowed by C. Cornelius Cethegus, in the battle against the Lisubres, B.C. 197, and dedicated B.C. 196 »— that oi Pietas, vowed by M'. Acilius Glahrio at the battle of Thermopylae, B.C. 191, and dedicated ten years afterwards by his son ; reared upon the spot where, ac- cording to the legend, the woman had dwelt who saved her imprisoned father from starvation by her own milk ^° — and that of Bellona, in which the Senate generally assembled when circumstances rendered it necessary for them to meet outside the pomoerium, as, for example, when they gave audience to the 1 Dion Cass. LV. 8. 2 Tacit. H. I. 31. Plut. Galb. 25. 5 Martial. II. xiv. 3 III. xx. II. VII. xxxii. II. 4 Liv. III. 51. G3. Varro L.L. V. § 154.. « Paul Diac. s v. Flmniiiius, p. 89. Liv. Epit. XX. Varro L.L. V. § 154. Strabo. V. 3. «8. 6 Varro L.L. V. § 14(>. 1 Liv. IV. 25. '29. XXXIV. 43. XXXVII. 58 XLL 17. Ascon. ad Cio. Orat. in tog. cand. 8 Liv. XXL 62. XXIV. 47. XXV. 7. Cic. de N. D. IL 23. de. legg. II. U. Tacit. Ann. 11. 49. 9 Liv XXXII. 30 XXXIV. .')3. lOFest 3.V. /•jrfaiz, p. 209. Val. Max. IL v. 1. Liv. XL. 34. Plin. H.N. VIL 3G. ^4 TorOGRAPHY OF ROME. ninl)assa(lors of a slato -with which the Roman people were at war, or to a pfoiioral wlio had not hiicl down his military connnand.' Tlie temple of Apollo, nieutioiK'd above, was occasionally cnijiloyiMl for tlio same pnrpose. Ik'hind this tcin])!c was a small o}hmi space ■where slood the Cohinina Bellied, from whence, wlicn war was declared aj^ainst an enemy hc'yond the sea, the l^)man Fecialia hurled a spear into the plot of rv. nd \\t\i. Jp.n. IX. W\. Vi\\\\. Dine s.v. liiUomt, p. 33. :t Cic. pro Arch 11. Plin. II N XXX V. I(J. Plut. QU. 69. Eununi. pro iii8t. scliol. Aug. Macrol). S. I, 12 StTV. ml Virn- ^On. L 8. 4 Ovid. I'nst. VI. 7118 Suet. Oct. 'I'd. '• Miirllal. V. 4!l. B Ovid Fast VI. sng. 7 I,iv. XI.. Wl. Jul Olis 7'>. B I,iv. XI, 4(1 It. XI, II IIJ. Tncit. Ann. 111. 71. I'lin. II N. XXXVI. .'). I" I'Un. Ic l,lv. XXVIII. II. II Vitriiv IV. H. 1- Vilruv. \'. ;» Ovid. A. A. I H?. 13 I'lut. Hrut. M. CiioH fi(i Appian.nr.II.il.', Tic ,lo div. II. !l. I,lv. Fplt. CXVL Ruit. Jul. HII HI. Oclftv. 31. Dion (.'a-ss. XLIV. Hi. Plln. H.N. XXXV. 9. M Plut. Pomp. 40 li. M< Plin. UN. XXXVI .1. SiTv. nd Virtj. A'.n. VIII. 721. 11 Suit. Ootttv. •V!l. Dii.n Cuks. LIV. -i'.u 17 Plin. II.N. VII. .10. \* Villfua II. I. Plin. II.N. XXXI V. 3. Fust. ».v. Uct^iviiu- poiiicus, p. 178. TOrOf.KAinV 111' ROME. 45 distinguished from the Poriicus Octaviae, with its BibliotJieca, Schola and Curia attached, all comprehended under the general title Octaviae Opera. Tiie latter was built close to the theatre of Marcellus by Augustus, in honour of his sister. ' It occupied the site of the earlier Porticus Metelli, built by » Dion Oas9. XI.IX C Hut Marc 3(1. Flin. ll.N. X XXV. 10. XXX VI. S. Suet.deiU. graiuin. 21. 46 TOPOGllAl'IIY OF ROME. Metellus Macedonicus, (consul B.C. 143,) after his tiiumph, and included within its ciicuit temples of lupiter Stator and of Inno. ^ The remains of the Porticus Octariae, as they now exist, fonnino; one side of the Piazza di Pes- cheria, the modern fisli- market, aie figured in the annexed cut. III. Campus iTlariiiis, (in a restricted sense.) — To tlie north of the Prata Flaminia, and occupying the space formed hy the angular bend of the stream, was the Campus Marlins proper, frequently called simply Campus. According to the narrative of Livy, - it was the property of the Tarquins, (ciger Tarquini- orum,) and, upon their expulsion, was confiscated, and then consecrated to Mars; but Dionysiiis asserts ^ that it had been previously set apart to the god, and sacrilegiously appropriated by the tyraiit. This story agrees well with the statement of Livy, that it was thought impious to make use of the crop which was growing upon it at the time when the Tarquins were driven forth, and that therefore — quia rdigiosum erat consumcre — the com when reaped was cast into the river, and formed the nucleus of the Insula Tibcrina. Dm-ing the republic the Campus Martins was emplnyed specially for two purposes. (1.) As a place for holding the constitutional assemblies, (^comida,) especially the Comitia Centuriata., and also for orduiary public meetings, (concio7ics.) (2.) For gymnastic and warlike sports. For seven centmies it remained almost entirely open, and although subsequently built upon to a certain extent, there was still ample space left for exercise and recreation. In the Comitia, the citizens, when their votes were taken, passed into enclosures termed Septa or Ocilia^^ which were, for a long period, temporary ■wooden erections; but Julius Cassar formed a plan for constructing marble Septa, which were to be surrounded by a lofty portico, with spacious apartments, the whole ex- tending to nearly a mile in circuniference. ^ This great work, which was only commenced by the dictator, was prosecuted by Lepidus, was completed and dedicated by Agrippa, and termed Septa lulia or Septa ylgrippiana. ® By Agrippa, also, was commenced a vast edifice, the Diribitorium, which was finished and dedicated by Augustus about B.C. 8. It must have been in the immediate neighbourhood of the Septa, since it Mas intended, as the name impUes, as an oifice for distributiug and counting the balloting tickets. ^ Close to the Septa stood the Villa Publica, a building employed by the censors when numbering the pco])le, by the consuls when holding levees, and by the Senate when receiving foreign ambassadors. "We hear of its existence as early as B.C. 437, and it Avas rebuilt, or intended to be rebuilt, upon a magnificent scale in connection with the Septa lulia. ^ A I'cpresentation of this edifice is ibund on a denarius of the Gens Didia. In the Campus Martins, also, Agrip])a, in his third consulship, B.C. 27, erected a magnificent temple, with public Thermae attached, dedicated to Mars, Venus, Juliua Ca:sar, and all the other deities of the Julian line, and hence named the 1 VcUeius T. 11. riin. II. N. XXXVI. h. 2 Liv. II. 5. J Dionys V. 13. Aul. Cell. VI. 7. 4 Ovid. Fast. I. .53. Serv. ad Virg. Ed. I. 34. Juv. 8. VI. &29. 5 Cic. ad Att. IV. Ifi. « Dion Coss. LI II. '23. Lamprid. AIp.x. Scv. 2*1. T Dion Cnss. LV. R. .Suet. Chiiid. 18 I'lin. II N. XVI. 40. 8 Uv. IV. t2. XXX. 21. XXXIII. 24. XXXIV. 44. Epit. LXXXVUI. Varro R. B, III. 2. Cic ad Alt. IV. IG. Val. Max. IX. ii. 1. TOPOGRAPHY OF ROME. 47 Pantheon. ^ Althougli repeutedly damaged, it was always carefully repaired, and exists almost entire at the present day, as the church of S. Maria ad Martyres. The belfries, however, ulaced at the two corners, as represented in the annexed cut, are modern additions. Lastly, among the great works with which Agrippa embellished this district, we may notice the Poaidoniiim, other- wise called the Basilica Nepluni or Porticus Argonautarum, from the pictures with which it M^as ornamented. ' The first name would lead us to believe that it was a temple of Neptune ; but Ave have no distinct information regarding it. In order to leave the Campus open, as far as possible, tlie greater number of the structures which we have enumerated, were grouped together at the end nearest the Prata Flaminia and the north side of the Capitoline. Hpnce, in the great fire which took place in this quarter during the reign of litus, we find the following buildings named among those which were altogether destroyed or seriously injured — Serapeum — Iseum — Septa — Templum Neptiad — Thermae of Agrippa — Parithenm — Dirihitoriiun — Thealrum Balbi — Sceiia Pompeii — Porticus Octaviae, {'OKruovtoc 6iKr,y.ccTx.,') with the library; and the temple of Capitoline Jove, with the adjoining shrines. * The only other building of great magnitude in the Campus Martins, belonging to the early empire, was the Mausoleum Augusti, the shell of which still remains near the Porta Flaminia, and is employed as a theatre. * A little to the south of this stood the great obelisk, (now on the Monte Citorio,) which was intended by Augustus to serve as the gigantic gnonom of a dial;" and opposite to this obelisk, on the banlcs of the river, we must place the Navalia or public dockyard. 1 Dion Cass. LIII. 27. Plin. H.N. XXXVI. 15. Ammian. Marcell. XVI. 10. Macrob. 8. IL 13. 2 Dion Cass. LIII. 27. Martial. II. 14. IIL 20. XI. I. Spartian. Hadrian. 19. S Dion Cass. LXVI. 24. 4 Suet. Octav. 100. Strab. V. 3. § 8. " XXIX. 4. II Liv. XXXIV. 51. n Liv. XXXIII. 42. Ovid. Fast IL 193. 13 Justin. .Mart. Apol. ■>. Euscb. H. E. 11. 12. 14 Fast. Aiuitern. VL Id. Dec. TOPOGRAPHY OF ROME. 49 lanicnlam. — Although the Janiciilum was not inchKlecI -withui the limits of the city, yet, since the ridge, which rises to the height of nearly 300 feet above tlie sea, and 267 above the Tiber, would, to a great extent, command the city, the expediency, and indeed the necessity, of fortifying it, must at a very early period have been forced upon the attention of the Romans. Accordingly, both Livy and Dionysius agree in asserting that, in the time of Ancus, a military fort was established on its summit, a double wall running down to the Tiber, and a communication being secm-ed by means of a wooden bridge. Opposite to the Forum Boarium a considerable space extends between the river and tlie steep slope of the hill ; this must have been built upon to a con- siderable extent before the end of the repuljlic, since it foimed the P^egio Transtiberina, the fourteenth of the Augustan divisions. It seems to have been inhabited by persons of the humblest grade, among whom we find particular reference to tanners, Jews, and fishermen.^ By the latter, doubtless, the Piscatorii Ludi Avere here celebrated. We hear of no sacred localities except a temple of Fors Fortuna.,^ a Lucus Fimnae,^ and the ^rae Fontls, near which was the grave of Numa. * Beyond the Tiber, but higher up the stream than the Regio Transtiberina, were the Mncia Prata, bestowed on C. Mucius " virtutis causa " * — the Maior Codeta, a marshy meadow, so called from the plant with which it abounded, the Minor Codeta being in the Campus Martins ® — the Ilorti Caesaris, bequeathed by the dictator to the Roman people ' — the artificial lake (stagnum navale) in which Augustus exhibited his mock sea-fight (naumachicL) ^ — and the Nemus Caesarum, named from Caius and Lucius. ^ ITIons VaticaiiuK. — The Vatican hill, which the Basilica of St. Peter and the Palace of the Pope have rendered the most remarkable quarter of the modern city, was in no way connected with ancient Rome until included within the walls of Aurelian ; nor does it seem to have been built upon extensively until the decline of the empire, the insalubrity of the air being notorious, ^^ and the soil not remark- able for fertility. " It was like the Collis Hortulorum, chiefly laid out in gardens, among which the most remarkable were the Horti Agrippinae and the Horti Domidae^ both being united to foi-m the Horti Neronis.''-^ Hadrian was entombed in the gardens of Domitia in the immense mausoleum constructed bj* himself, which is now fortified, and forms a sort of citadel, under the name of Caatello di S. Angela ^' — a view of which is on next page. Before concluding our sketch of Roman topography, we must say a few words upon three topics intimately connected with the subject. 1. The bridges (pontes') by which a communication was established with the right bank of the Tiber. 1 Fest. s.v. Piscatorii ludi, p. 210. 238. Ovid. Fast. VI. 237. Juv. S. XIV. 202. Martial. I. 42. VI. 93 2 Varro L.L. VI. § 17. Liv. X. 46. Donat. ad Terent, Phorm. V. vi. 1. 3 Plut. C. Gracch. 17. Aur. Vict, de viris ill. 65. 4 Dionys. IL 76. Plut. Num. 2i Cic. de legg. II. 22. « Liv. IL 13. Dionys. V. 35. 6 Paul. Diac. s.v. Codeta, p. 53. Suet. Caes. 39. Dion Cass. XLIII. 23. 7 Cie. Philipp. II. 42. Suet. Caes. 83. Dion Cass. XLIV. 3-5. Hor. S. I. ix. IS 8 Monum. Ancyr. Stat. Silv. IV. iv. 5. which seem to be contrndicted by Tacitus ( Ann XII. 5fi.) who says, " cis Tiberim." 9 Monum. Ancyr. Suet. Octav. 4-3. conip Tacit. Ann. XIV. 15. Dion Cass. LXI. 20 LXVI. 2.5. 10 Tacit. Hist. II. 93. 11 Cic. de leg. agr. II. 3.5. Martial. VI. 92 X. 45. 12 Tacit. Ann. XV. 39. 13 Capitolin. Ant. P. 5. Spartian. Hadrian. 1!>. Dion Cass. LXIX. 23. Procop. B. G. I. 22. £ 50 TOPOGRAPHY OF PiO^'E. 2. The great his;hways (rtae pubhcae a. militares) which branched off from Rome ill ditterent directions. 3. Tiie aqueducts (aquaeductas) by which the city was supplied with water. No subject connected with Roman topography is involved in gi-eatcr obscurity than the names and positions of the different bridges. It seems certain, however, that not more than three were erected before the end of the republic. 1. Pons Hnblicini4. — By far the most ancient and tlie most celebrated wa? the Pons Sublicius, built, as we are assured, by Ancus JIartius when he estab- lished a fortified post on the Janiculum. ^ It was fonned, as tlie name implies, of timber ; and both in tlie original structure, and in those by wliieh it was from time to time replaced, not only the frame-work but all the bolts, bracings, and fastenings of every descriptioti, were made of wood exclusively. Tliis system was adopted and maintained in consequence of certain superstitious feelings, for every thing connected with tlie work was invested with a sacred character. The repairs and renewals were always executed with a due attention to ceremonial 1 Llv. L 33. Dionys. III. 45. IX. G8. Plut Num. 9. TOPOGRAPHY OF EOME. 51 observances, and tlie veiy term Pontifex was believed by the Romans to have been derived from the duties of superintendence imposed upon the highest class of priests on such occasions.' That the Pons Sublicius not mei-ely retained its primitive appellation, but was actually formed of wood in the first century of the empire is proved by the words of Pliny ; ^ and the name was still current in the reign of Antoninus Pius.^ The position of the bridge has given rise to much controversy ; but when we remember the purpose for which it was, in the first instance, constracted, we can scarcely doubt that it abutted upon the Forum Boarium, and that it must have crossed the river not far from the broken arches now known as the Ponte Rotlo. 2. Pons Aeinilius a. Pons ILiepidi, commenced by the censors M. Fulvius Nobilior and M. Aemilias Lepidus, B.C. 179; but not completed until nearly forty years afterwards, in the censorship of P. Scipio Africanus and L. Mianmius, B.C. 142.* It connected the harbour or quay under the Aventine with the opposite bank ; and in this part of the river, when the water is low, the foundations of a bridge are still distinctly visible. The representation of an equestrian statue, standing upon three arches with the legend M. Aemilio Lep., as seen on a denarius, of which a cut is annexed, may perhaps be intended to commemorate this Avork. It must not be overlooked that, before the censorship of Aemiliua Lepidus, as early as B.C. 194, Li^y speaks of two bridges as already existiug.^ It has hence been conjectured that, while the Pons Sublicius was kept up on religious grounds, another bridge, made of stone, had been erected in the immediate vicinity to accommodate the increasing traffic, and that the arches now called Ponte Rotto mark the site of the second stracture. This supposition will explain the words of Ovid, who distinctly speaks, not of a bridge, but of bridges in the Foram Boarium ; ^ and might also throw light upon an obscure expression of Servius, when he mentions the Pofis SuUicius in connection with a Pons LapideusJ 3. Pons Fabricins. 4. Pons Cestins. — A stone bridge connecting the Prata Flaminia with the Insula, and corresponding to the modem Ponte Qnattro Capi, was built, B.C. 62, « by L. Fabricius, who was at that time, as we learn from an inscription, inspector of public highways, (curator viarum,) and from him it received its name. The bridge which connected the island with the right bank, now Ponte S. Bartolomeo, is believed to be the Pons Cestius, of the Notitia and mediaeval writers. The inscription, still legible, designates it as Pons Gratianus, from a restoration by that emperor. To the Notitia we are indebted for the names of four other bridges. 5. Pons Aelins, now Pow^e S. An(jelo, built by Hadrian^ to connect iila mausoleum with the Campus Martins. 1 Varro L L. V. § 83, Plut. 1 c. 2 Plin. H.N. XXXVI. 15, comp. Tacit. Hist. L 86. S Capitolin. Antonin. H. < Liv. XL 51. Plut. Num. 9. * Liv. XXXV. 21. « Ov:A Fast. VL 471. 'i Serv. ad Vir?. ^n. VIIL 646, 8 Dion Cass. XXXVH. 43. Hor. S. II. iii. 36. » Spartian. Hadrian. 19. Senec. de vif, beat 25. 52 TOPOGKAPIIT OF ROJIE. 6. Pons Anrelins. — This bridge is believed to have occupied the position of tlie modem Ponte Sisto, and to have led directly to the Porta Aurelia on tiie Janiculum. In the middle ages it was called Pons Antoninus. 7. Poms ITlilFias, now Ponte Molle, high up the river, beyond the circuit even of Aurelian's walls. It is celebrated in history as the scene of the decisive victory gained by Constantine the Great over the usurper Maxentius. 8. Pons Probi. — The position of this bridge is unknown. There was a bridge which led over to the Vatican, built before the Pons Aurelius, and this Avas designated sometimes Pons Neronianus, sometimes Pons Vaticanus. AYith the exception of tlie Pons Suhllcius, which is spoken of very often, and the Pons Fuhi-icius, which is mentioned once by Horace and once by Dion Cassius, not one of the bridges within the walls is named in any classicr.l author. The cut placed below represents tlie Insula, with its two bridges in tlieir present state. ■■'^ JUGII-KOADS. Although roads connecting Rome with the numerous cities of Latium, by \vhich, in ancient times, it was on all sides surrounded, must have existed from tlie very foundation of the city, tiiese were, in all probability, mere tracks employed by foot travellers and cattle, impassible by wlieel carriages or even by l)ea.sts of burden during tlie rainy season. It was not until the Romans had engaged in comparatively distant wars, with the Samnites and Italiote Greeks, that the necessity of keeping up regular and secure communication with their armies became imperative; and accordingly, about the middle of the fifth century tliey appeared to have commenced, upon a large scale, the constniction of those C'-eat military roads (viae miUlares) which have proved some of the most dmablc monuments of their greatness. Radiating from Rome as a centre, TOPOGRAPHY OF KOME 63 and extemling on all sides, so as to keep pace with the rapid progress of the Uoiiian conquests, they eventually reached to the most remote extremities of the empire, tlirowing out iimumerable subsidiary brauches, which served either to (;(muect the great trunk lines, or to open up districts which would otlierwise Jiave proved inaccessible. Milestones (rnilUcu-id) were erected regularly along tiieir whole course, marking the distance from the gate at which they issued from the metropolis ; and when the space between the towns and villages was great, resting places or post-houses (inansiones) ^ were built at moderate distances, where travellers miglit repose ; and under the empire relays of horses were kept here for the service of the public com-iers. The extraordinary dm-a- bility which characterised these roads is proved by the fact, that portions of them still exist entire both in Italy and other countries, and are still available for ordinary purposes, although they have imdergone no repair for many centuries. T he technical phrases employed to express the making of a road are sternere Ctum or mimire viam, and the origin of the latter expression will be distinctly understood when we explain the nature of the operations performed.^ Two d'tches were dug, marking the limits of the road upon each side, the breadth varying from 11 to 15 feet. The whole of the loose earth was then removed .Torn the surface, and excavation was continued mitil the rock or soUd subsoiJ were reached, or, when the ground was swampy, piles were driven to secure a firm fomidation. Upon the miyieldmg surface thus obtained (jgremiuni) were laid — 1. A stratum of large stones (statumen.) 2. A stratum, nine inches iliick, of smaller stones cemented with lime (I'udus.) 3. A stratum, six inches thick, of still smaller stones, fi'agments of brick, pieces of broken pottery, and such like materials, this coiurse also being bound together by cement, and the top made flat and smooth. 4. Lastly, on the top of all were laid large flat blocks of the hardest stone which could be procm-ed, (silex.,) u-regular in shape, l)ut fitted and adjusted to each other with the greatest nicety, so as to present a perfectly smooth surface without gaps or interstices. This mass of bmlduig, for as such it must be regarded, being in fact a strong wall, two and a-half or three feet thick, laid flat on the ground, was slightly raised in the centre so as to allow the water to run oft". The elaborate process just described was employed for the great tiioroughfares, the cross-roads and those on which the traffic was light having only the under com-se of large stones or the statumen^ with a coating of gravel tin-own over. Hence the distinction indicated in the classical writers by the phrases silice sternere and glarea sternere. Although a description of the Roman roads and the course which they followed, belongs properly to a work upon geography, ^ve may here notice very briefly a few of the most important : — 1. The Via Appia^ the Queen of roads (Regina Viarum) as it is termed by Statius, was commenced by Appius Claudius Caecus when censor, B.C. 312. It issued from the Porta Capena and ran tlu-ougli Aiicia, Tairaciua, Fmidi, and Formiae to Capua, from whence it was subsequently carried across the penmsula. by Beneventimr and Tarentum, to Brundusium, being the great highway fi-oat Home to Greece and the Eastern provinces. 2. The Via Laiina, issuing also from the Porta Capena, ran parallel to the former, but farther inland, and after passing through Ferentinum, Aquinum, Casinum, and Venafrum, joined the Via Appia at Beueventum. 1 Sueton. Tit 10. Plin. H.N. XII. 14. comp. VI. 23. - For what follows see Vitruv. VII. 1. where he describes the construction of pavements and Stat. S. IV. iii. oa the Via Domitiana. 54 TOPOGRAPHY OF ROME. 3. The Via Praenestina s. GaUna, issuing from tlie Porta Equilina, ran straight through Gabii to Praencstc, and then joined the Via Latina. 4. 5. The Via Collatina, leading to Coliatia, and the Via Tiburtina, leading to Tibur, must have both branched off from the Porta Esquilina. The latter, after reaching its destination, sent ofl' a branch, the Via Sublaceiisis, to Subkiqueum, while the main line was continued northward, under the name of the Via Valeria, and passing through Corfinium, extended to Adria on tlie Upper Sea. 6. 7. Tlie Via Nomcntana and the Via Salaria, diverged from the Porta Collina; the former, after passing tlirough Nomentum, fell into tiie latter, which, passing through Fidenae, ran north and east through the Sabine country, and passing Keate and Asculum, reached the Adriatic at Ancona. 8. The Via Flaminia, which probably issued from the Porta Carmentalis, jcaxi north, through Narnia, and sending out numerous branches to Ancona, Ariminum, and otlier important towns on the east coast, formed the main line of communication with Hither Gaul, and so with the provinces beyond the Alps. 9. 10. The Via Cassia, branching off from the Via Flaminia, and throwing off a branch called the Via Claudia, traversed central Etraria. 11. The Via Valeria followed the line of the coast on the Lower Sea, north- ward, along the Etrurian shore, and passing through Genua, extended as far :is Forum Julii in Gaul. 12. Lastly, the Via Ostiensis, issuing from the Porta Trigemina, followed the course of the Tiber, on the left bank, to the port of Ostia. AQUEDUCTS. Among all the wonderful undertakings of the Romans, none present more striking evidence of their enterprise, energy, and skill, and of their indifference to toil and expense when any great public benefit was to be gained, than the works commenced at an early period and extended through many successive centuries, in order to provide an abundant supply of pure water for all parts of the metro- polis. Copious streams Avere conducted fi-om great distances, in despite of the obstacles presented by mountains, valleys, and low-lying level plains, sometimes rushing along in vast subterranean tunnels, at other times supported upon long ranges of lofty arches, the remains of which, stretching for miles in all directions, may be still seen spanning the waste of the Campagna. The stupendous character of these monuments fully justifies the admiration expressed by tiie elder Pliny (ILN. XXXVL 15.) — Quod si quis diligcMius aestimaverit aquarum abundan- liam in publico, bulineis, piscinis, domibus, euripis, Jiortis stibu7-ba7iis, villis, spatioque advenientis exstructos arcus, moutes perfossos, convulles aequatas, fatehitur nihil rnagis mirandum fuisse in toto orbe terrariim. The Eoman Aquaeduclus, then, were artificial channels (^canales struciiles) formed of stone or brick, like sewers in our large towns, and were arched over in order to keep the water cool and free from impurity, (eaeque structurae conforniceniur ut minime sol aquam tamjat ;) the circulation of a free current of air in the interior being secured by numerous small apertures or eyes (lumina) in tiie arched oYheu circumstances permitted, the water, in its covered channel, was carried along the surface of the ground, resting on a base of masonry, (substruction ibus,) when the inequalities of the surface were such as to render this impossible, it ran under ground, (suhterraneo rivo,) when hills interposed, it flowed through them in tunnels, (specu mersa — cunicuUs per monf.em actis,) which were ventilated by eyes or air holes (lumina) placed at intervals of 240 feet. If the tunnel (specus) was driven through solid rock, then the rock itself served as the channel, but if through earth or sand, it was lined with walls and arched over (parictes cum. camera in specu struantur.) When valleys, or plains below the level, were to be crossed, the channel was supported on arches (opere arcuato — arcua- tionibus — -fornicibus structis.) When the stream (rivus) was approaching its destination, or at some other convenient point in its course, it was, in many cases, allowed to enter large open ponds, (contentae piscinae^) where it reposed, as it were, (quasi rcspirante rivorum cursu^) and deposited the mud and other impm-ities by which it was contaminated. Hence, these receptacles (conceptelae) were termed piscinae limariae. Issuing from this piscina, the stream continued its course as before, in a covered channel, and on reaching the highest level in that part of the city to which it was conducted, it was received into a great reservoir, called castellum or dividiculum, from which it was drawn off through pipes of lead (fstulae phanbeae) or of earthen ware (tubi Jictiles) into a number of smaller castella in different districts, from which it was again drawn oflF (erogabatur) to supply cisterns of private houses, (castella privata s. do- mestica,) the open tanks or basins in the streets, (lacus^) the spouting fountains, (salientes,) and public and private establishments of every description. Our chief information on the aqueducts which supplied Rome is derived from the treatise De Aquaeductibus Urbis Romae Libri II., composed by Frontmus, who held the office of Curator Aquarum under Nerva, A.D. 97 ; and a few additional particulars may be gleaned from Pliny ^ and Vitruvius. ^ Of modern treatises, the most complete is that of Fabretti De Aquis et Aquaeductibus Veteris Romae, -which will be found in the fourth volume of the Thesaurus of Graevius ; and many curious and accurate details have been collected in the Beschreibung der Stadt Rom, by Platner and Bunsen. Taking Frontinus as our guide, we shall say a few words with regard to the nine aqueducts which existed when he wrote, noticing them in chronological order. The necessity of obtaining a better supply of water for the city than could be procured from the Tiber or from Avells, seems to have been first strongly felt about the middle of the fifth century, and accordingly the — 1. Aqiin Appia, was introduced (perducta est) by Appius Claudius Caecus, when censor, B.C. 312. It was derived (concepla est) from a point about three-fourths of a mile to the left of the Via Praenestina, between the seventh and eighth milestone from Rome. The length of the artificial channel, (ductus,) which ended at the Salinae neaa- the Porta Trigemina, was a little more than 1 Plin. H.N. XXXI 3. G XXXVI. 15. 2 Vilri.v rip A VIII. fi 7. 56 TOPOGRAPUY OF KOME. eleven (Roman) miles, the whole being under ground, with the exception of 100 yai-ds at the termination, between the Porta Capena and the CHvus Puhlicius. 2. Anio Vetiis. — The scheme for introducing this supply from the river Anio was formed by M'. Curius Dentatus, who was censor along with L. Papirius Cursor, B.C. 272 ; and it was proposed to defray the cost from the spoils taken in the war with Pyrrhus. The undertaking was not brought to a conclusion until B.C. 264 ; two commissioners having been appointed specially by the Senate. The works commenced beyond Tibur, and the total length of the artificial channel was about forty-four miles, entirely under ground, -with the exception of three-fomths of a mile on substmctions. It entered the city near the Porta Esquilina. 3. Aqua Marcia, introduced by Q. Marcius Rex, when praetor, B.C. 144, in accordance with a resolution of the Senate (Plin. H.N. XXXI. 3.) The works commenced at a point three miles to the right of the thirty-third milestone, on •:tie Via Valeria ; and the total length of the channel was upwards of sixty^ one miles, of which about half a-mile was on substructions, neai'ly seven milo. (according to Pliny, nine miles) on arches, and the remainder under ground. 1% sintered the city near the Porta Esquilina at so high a level that it gave a supply to the smnmit of the Capitoline. Augustus, or rather Agrippa, formed a connectioc wdth another spring nearly a mile more distant, and this branch aqueduct wai named Aqua Augusta. The Aqua Marcia was held to be the purest, the coldest, and most wholesome water in Rome, and as such its praises are celebrated by Pliny (H.N. XXXVI. 15) — Clarissima aqnarum omnium in toto orbe, frigoris salubritatisque palma praeconio Urhis, JMarcia est; and so proud was the Gens Marcia of their connection with this work, that a denarius of Q. Marcius Philippus presents upon one side a head of Ancus Martins, from whom the clan claimed descent, and on the other an equestrian statue standing on the arches of the aqueduct, with the letters AQVAM, as represented in the annexed cut. The Aqua Marcia supplied 130 castella, 700 tanks, (lacus,) and 105 spouting foun- tams (salientes.^ 4. Aqua Tcpnla, introduced by the censors Cn. Servilius Caepio and Cassius Longinus, B.C. 125, fi-om a point two miles to the right of the eleventh mile- stone on the Via Latina. Pliny, indeed, (H.N. XXXVI. 15.) speaks of the Aqua Tepula as considerably older than the Aqua Mai'cia ; but the authority o/ Frontinus upon such a point is superior. 5. Aqua lulia, introduced by Agnppa, when aedile, B.C. 33, from a point to the right of the twelfth milestone, on the Via Latina. The whole length of this aqueduct was about fifteen and a-half miles. One mile and a-half on substruc- tions, six and a-half on arches, the remainder under ground. The Aqua Marcia, the Aqua Tepula, and the Aqua lulia, after issuing from their respective piscinae liniariae, about six and a-half miles from Rome, entered the city upon the same arches, each, however, in a separate channel, the Aqua lulia being ui)permost, the Aqua Tepula in the middle, and the Aqua Marcia lowest ; and tiaccs of these three cliaimels were recently quite visible at the modern Porta Maggiore, the Porta Pruenestihu of the Aurelian circuit. C. Aqua Virgo, introduced by Agrij)pa, B.C. 19, for the supply of his Tliennae, from a swampy tract (^palustribus locis) eight miles from Rome, TOPOGKAPHT OF KOME. 57 on the Via CoUatlna. The whole length of the aqueduct was about fourteen miles. It entered Rome on the side of the Pincian hill, and was conveyed upon arches into the Campus Martins. It is still available to a certain extent, and, under the name of the Aqua Virgine^ supplies the beautiful and well known Fontana dl Trevi and many other fountains of the modern city. 7. Aqua Alsietina s. Augusta, on the right bank of the Tiber, introduced by Augustus, from the Lacus Alsietinus, six and a-half miles to the right of the fourteenth milestone on the Via Claudia. The whole length was twenty-two miles, the termination being under the Janiculum ; but the water was so bad that it was used for gardens only, and for filling the artifical lakes in which naumachiae were exhibited. The works are still partially in repair, and afford a supply to the inhabitants of the Trastevere, under the name of the Aqua Paola. 8. Aqua Claudia, introduced by Caligula and his successor, A.D. 38-52, from three very piu-e and abundant springs, named Caeruleus, Curtius, and Albudinus, a little to the left of the thirty-eighth milestone on the Via Subla- censis. The whole length was upwards of forty-six miles, of which thirty-sia were under ground, and nine and a-half upon arches. This water was considered next in excellence to the Marcia ; and many antiquarians believe that the Aqua Felice, which supplies numerous fountains in the modern city, is part of th^ Aqua Claudia. 9. Auio NoTUH, commenced, at the same time Avith the last mentioned, by Caligula, and completed by Claudius. The water was taken oft' from the Anio (excipitur exjiumine) at a point near the forty-second milestone on the Via Sublacensis ; and the total length Avas fifty-eight and a-half miles, of whicli forty-nine were under ground. As it approached the city, it was carried upon arches for upwards of six miles. Frontinus calls this the largest of all the aque- ducts, although he had before set down the Aqua Marcia at upwards of sixty-one miles ; but it must be evident to the most cursory reader that the nmnbers in many parts of his treatise are in confusion. The Aqua Claudia and the Anio Kovus, after issuing from their piscinae liuiariae, entered the city upon the same arches, the latter being uppermost ; and remains of the works may still be traced near tlie modem Porta Maggiore, the Porta Praenestina of the Aurelian circuit. There is no doubt that these two aqueducts were the grandest and most costly works of their class. Three hundred millions of sesterces {ter millies) were, according to Pliny, expended on the former ; and some of the arches over which the latter passed were 109 feet high. Each of the streams brought by these nine aqueducts entered the city at a different level fi'om the rest, (ciquae onirics diversa in Urheni libra proveinunt,} in the following order, beginning vnth the highest : — 1. Aiiio Novus. — 2. Claudia. 3. lulia. — 4. Tepida. — 5. Marcia. — 6. Anio Veins. — 7. Virgo. — 8. Ajjpia. — -9. Alsietina. Of these, the first six had piscinae limariae, all about six and a-half miles from Rome, iia the direction of the Via Latina. The last three had none. The Anio Novus had two, the second being near the point where the artificial channel branched off fi-om the river ; but, notwithstanding this precaution, its water was always tm'bid when the parent stream was in flood. The Anio Novus and the Claudia were so elevated that they afforded a supply to the highest parts of the city. On the other hand, it will be observed that tlie two oldest, the Appia and the Anio Vetus, were brought in at a low level, and the works were almost entirely under ground. This, as Frontinus suggests, was probably the result of design ; for at the period when they were formed the 58 TOPOGKAI'HY OF EOSIE. Romans were still engaged in war with neighbouring tribes, and had tlieso structures been exposed to view, they might have been destroyed by an invading army. In addition to the nine aqueducts which existed when Frontinus wrote, we hear of an Aqua Traiuna, an Aqua Alexan/b'lna, the work of Alexander Sevenis, and one or two others of less importance ; but we cannot ascertain with precision the names of the whole fourteen, which were still in use when Procopius flourished, (see B. G. I. 19.) i.e. A.D. 550. It may be gathered from what has been said above, that the whole of the works by whicii supplies of water were brought into the city, were comprehended under the general term Aqiiaeductus, or simply. Ductus. The water itself was distinguished, in each case, either by the name of the person by whom it was introduced, as Aqua Appia, Aqua Marcin, &c., or by the name of the source from whence it was derived, as Aqua Alsietina, Anio Veiux, &c., or, finally, from some legend connected with its history, as Aqua Virgo. Again, these terms are employed to denote, not only the water conveyed, but also the aqueduct by which it was conveyed, so that Aqua Marcia may mean either the ]\Iarcian Aqueduct, or the water conveyed by the ]\Iarcian Aqueduct, and so for all the rest. It \\\ny perhaps excite surpiise that the Romans should have expended such a vast amount of toil and money upon the construction of aqueducts, although acquainted with the hydrostatical law, according to which, water, when conveyed in close pipes, will rise to the level of the fountain or reservoir from which the pipe proceeds. Pliny correctly enunciates tliis proposition when he states (H.N. XXXI. 6.) — Suljit aUitudliiem exortus sui — and tlie distributions from the main Castella to the different parts of the city M'ere actually effected upon this principle. This is clearly proved by the manner in ^^■hich tJie authorities already quoted express themselves when describing the tubes of lead and earthenware, by the words of Frontinus, who tells lis that the Aqua Claudia and the Anio Nevus were introduced at so high a level as to afford a supply to the tops of the isolated hills, by the existence of numerous Salientes or spouting fountains — and by the line in Horace (Ejjp. I. x. 20.) Purior in vicis aqua tendit rumpere plumbum. We have no reason to believe, however, that any attempt was ever made to a])ply the principle upon a great scale ; and it is remarkable that the experience of modern engineers goes to prove that it cannot be employed with advantage when a large body of water is to be brouglit from a considerable distance. (Cloaca maxima. — But even tlic aqueducts of Caligula and Claudius are inferior in solid grandeur to the huge vaulted drains constructed, according to tradition, either by the elder Tarquin or by Superbus, for the purpose of drawing off the water from tiie swamps, which, in the earliest ages, spread over the whole of the low grounds lying around the bases of the seven hills. The main trunk, known as tiie Cloaca Maxima, may still be seen in part entire, and still convoys water into tiie Tiber. It consists of tln-ee concentric vaults or semicircular arclies, the breadth of tlie innermost being about thirteen and a-half feet. All are formed of tlie volcanic stone called peperino, the blocks being five and a-half feet long and tliree feet tliick, fitted togetiier witii the greatest accuracy, without cement. The skill as well as labour M-itli whicli this colossal fabric was executed is proved by the fact, tiiat it has undergone no change, and exiiibits no trace of dilaiiidation or decay, although more than 2000 yeai's have passed away since it was coui'ilntftiL TOPOGRAPHY OF ROME. 59 A branch drain, mnning up in the dh-ection of the Suhura, tributaiy to tlie Cloaca Maxima, and formed upon tlie same gigantic scale, was discovered about the middle of the last century, sixty feet below the present surface. It is supposed to be the work of a somewhat later period, the stone employed being a kind of limestone, called travertino, which does not appear to have been used for building piu-jwses until after the regal period.-^ The only works of the regal epoch of which distinct traces still remain, are the Tullianum (p. 28,) the Cloaca, with the retaining wall along the bank of the river, and a few fragments of the wall of Servius. We have already given a representation of the &st, and we subjoin a cut, showing the mouth of the Cloaca as it now appears, and another, taken from Sir William Cell's work on the Topography of Rome, exhibiting "one of the best and least "-- ^ ' doubtful specimens" of the Servian wall, under the church of S. Balbina, (p. 32,) in the direction of the Porta Capena. J On the Cloaca Maxima and its branches, see Niebuhr'a Roman Ilistorj', Vtl, 1. p. 384, Engl. Trans, and bis Lecturviij, Lectuiu IX. CHAPTER II. ON THE ORIGIN OF THE ROMAN PEOPLE, AND THEIR POLITICAL .\ND SOCIAL ORGANIZATION, FROM THE EARLIEST TIMES, i The Romana a Mixed People. — There is no point connected with the .-crlv history of Rome more certain than that the original inhabitants were c mixed people, formed by the combination of three distinct races — Latini, Sabir: •and EtruscL "Wliile tradition ascribed the actual foundation of tlie city to a colony of Latins from Alba Longa, under Romulus, their speedy union with a body of Sabines, under Titus Tatius, was miiversally acknowledged. The samu unanimity does not prevail regarding the introduction of Etruscans, who, aO'- corduig to one account, did not form a component part of the population until the migration of the fomlh lung, the elder Taa-quinius, while others maintauied that a settlement of Etruscans, upon the Coelian hill, lent their aid to Romulus in his contest with Tatius and the Sabines. Without pretending to um-avel the confused web of ancient legends, it seems perfectly clear that the triple union nmst have taken place before the formation of the constitution usually ascribed to Romulus, since the divisions recognised by that constitution bear a distinct reference to the three elements. The words of Floras (III. 18.) express the fact clearly and accurately — Quippe quum popidus Romanus Etruscos, Latinos, Sabihosque miscuerit et unum ex omnibus sanguinem ducat, corpus fecit ex membris et ex omnibus U7ius est. PopiiluH iComanus. Quiriies. — The appellation of the united people was Populns Romanus Quirites, or Popidus Romanus Quiritium," although, when no great formality was aimed at, the separate designations, Populus Romanus and Quirites, Avere used indifferently to comprehend the whole. The origin ot the latter term must be regarded as still involved in doubt. The ancients them- selves proposed two derivattpns, both of which pohitcd to the Sabines, some regarding the word as another form of Curetes, i.e. inhabitants of the Sabine town of Cures,^ others connecting it willi Qniris, which, in the Sabine dialect signified a spear. The second etymology might have l)een considered as satisfactory, and ■we might have regarded Quirites as equivalent to warriors, had it not been that Quirites is used emphatically to denote Romans in the fidl enjoyment of their 1 The upcculations of modern scholars upon the early history and gradual development of the Itoman constitution, will be found fully expounded in the following works: — Niebchk, lllntoryof Rome.— NiEnciiit, Lectures upon Koman History, containing the substance of tile flrnt mentioned work in a more popular form — Arnoi d. History of Konic — Gottlivg, cleHclilchte dcr Itomlschtn Staatsvorfussunn— Uuiiino, UntersuchunKen iiher Komische Verfasnuntt und tieschlchte. — lU'sciiKi:, Die Vi-rfassung des Kbnigs Servius Tullus — Hdix- M41. Komiiiche Cirundverfasrung. -WACnsMUTii, Die altere Geschichte des Uomischen 8t«>tc> — Waltukh, (Jcscliichte des Komlsclien Uoclits. 2 Aul. Gell. 1. \■^ X. -di. .Macrob. S. 1. 4 l.iv. I. 2*. 32. VIII. C. 9. X. 28. XXIL in. Xt.I 10. Varro I, 1.. VI } HC,. comp. Dionys. 11. Vi. Plut. Horn. 1.'). Liv. X. 6. Prop. IV. i. 31. Plut. Kom. iO. 4 Dionys. n. 7. Plut. Rom. 20. Varro L.L. V. § 81. Uiaest. I. ii. 20. « Plut. Rom. 20. Cic. de R. II. 8. Fest. s.v. h'orae Curiae, p. 174. 8 Paul. Diac. s.v. Curiae, p. 49 1 Dionys. II. 7. Varro L.L. V. § 83. Paul. Diac. s.v. Curiales Jiamines, p. G4. 8 Paul. Diac. s.v. Maxiimis Curio, p. 126. » Dionys. II. 7. 62 NAMES. Thus, in the full designation Publius Cornelius Scipio, Publius is the Prae- nomeu, marking the individual ; Cornelius is the Nomen, and marks that he belonged to the Gens Cornelia ; Scihio, is the Cognomen, and marks that he I Ijelonged to that family or branch of the Gens Cornelia called Scipio. I Occasionally a Familia became very numerous, and sent out many branches, forming, as it were, sub-families ; and in such cases it became necessary, in order to prevent confusion, to add a second cognomen. Thus, we find such appellations as, Lucius Cornelius Lentulus Crus — Lucius Cornelius Lentulus Niger — Publius Cornelius Lentulus Spinilier — all these persons belonged to the Gens j Cornelia and to X\\q Familia of the LentuK; but the Lentuli became in process ' of time so numerous that a number of subsidiary branches were established, whose descendants were distinguished by the additional cognomina of Crus, Niger, Spinther, &c. Sometimes, in the case of a fiimily which could boast of a great number of distinguished members, it became necessary to add a third cognomen, whicli, however, seldom passed beyond the individual to whom it M'as applied. Thus, PiiLlius Cornelius Scipio Nasica, (consul, B.C. 191.) had a son who was designated as P. Cornelius Scipio Nasica Corculum, (consul, B.C. IGl and 155.) and the son of the latter was knovra as P. Cornelius Scipio Nasica Serapio, (consul B.C. 138, killed Ti. Gracchus B.C. 131.) — Serapio being, in the first instance, a mere nick-name applied to him from his likeness to a certain pig merchant. The son of Serapio resumed the more simple appellation of his great grandfather, and was P. Cornelius Scipio Nasica, (consul, B.C. 111.) Again, in addition to the ordinary name, a complimentary title was sometimes bestowed by an army, or by the common consent of the citizens, in order to commemorate some great achievement. Thus, Publius Cornelius Scipio, the conqueror of Hannibal, was styled Africanus, and the same epitliet was applied to the younger Publius Cornelius Scipio, the destroyer of Carthage. In like manner Q. Caecilins JlleteUus, in consequence of his successes against Jugurtha, was stj'led Nurnidicus — Publius Servilius Vatia Avas styled Isauricus; and Koman history will furnish many other examples. Such an addition to the cognomen was called an Agnomen,^ and, generally speaking, was confined to the individual who gained it, and was not transmitted to his posterity. ^ Lastly, a peculiar modification of the name was introduced when an individual passed by adoption (of which we shall have occasion to speak more at large hereafter) out of one Gens into another. The person adopted laid aside his original names and assumed tliose of the person by wliom lie was adopted, adding, how- ever, an epithet to mark the Gens out of which he had passed. Thus, Publius Cornelius Scipio, the son of the elder Africanus, having no son, adopted L. Aeinilius Paulas, the son of L. Aemilius Paulus Macedonicus. The yomig Paulus, immediately upon iiis adoption, took tiie name of iiis adopted fatlier, and became P. Coryielius Scipio ; but to mark tliat he iuid once belonged to the Gens Aemilia, tlie epithet Aemilianus was annexed, ' so that, when at a subsequent period he received the title of Africanus, his name at full length was Publius Cornelius Scipio Africanus Aemilianus, to wliich eventually was added a second Agnomen Numantinus ! In like manner C. Octavivs Caepias, wlien adopted in terms of the last will of his maternal grand-uncle, became C. Julius Caesar 1 8eo a catalogue of some of the more remHrUable in Ovid. Fast. I. 587. 2 'I'he title of Afialirits was assumed by, and not bestowed upon, L. Cornelius Scipio, the brother of the elder Africanus, and when applied tohis descendants must have been regarded merely as a second cognomen. So also the title Aeseriiinus, which distinguished a branch of the Claudii Marcellu PATEICIAXS ; FATROXS AIsB CLIE>rrS. 63 Octavianus, and hence, at different stages in his career, he was styled Ociaviu? and Octavianus, both being eventually superseded by the complimentary title of Augustus, bestowed^by the Senate, B.C. 27. Very rarely we find the epithet of adoption derived from the name of the Familia, and not from that of the Gens. A son of that M. Claudius Marcellns who served, with distinction, imder Marius in Gaul and in the social war, was adopted by a certain P. Cornelius Lentulus, and ou"-ht therefore to have become P. Cornelius Lentuhts Clodianus ; but there were two Gentes Claudiae, and, therefore, for the sake of distinction, and to mark the illustrious family to which he had belonged, he assumed the name P. Cornelius Lentulus Marcellinus, and this epithet of Marcellinus passed as a second cognomen to his descendants. One other anomaly deserves notice, because it occurs in the case of a famous iudividuid, and might occasion embarrass- ment. M. Junius Brutus, the celebrated assassin of Julius Casar, was adopted several years before the death of the dictator, by his own maternal imcle, Q. Scrvilius Caepio, and ought therefore to have become Q. Servilius Caepio Junianus, but for some reason he retained his original cognomen ; and we find the different appellations to Avhich he was entitled jumbled together in great confusion. Thus by Cicero he is termed sometimes simply Brutus,^ sometimes M. Brutus,^ sometimas Q. Caepio Brutus,^ and by Asconius, * M. Caepio. The women of a family were, for the most part, distinguished simply by the name of the gens to which they belonged, without Praenomen or Cognomen. Thus, tlie daughter of Julius Cffisar -was, Julia ; of Cicero, Tidlia ; of Atticns, Pomponia. This system of nomenclature prevailed, without change, from the earliest epoch until the downfal of the commonwealth. It underwent considerable modification, at least in particular cases, under the earlier emperors, but these it is unnecessary to discuss here. Patricii. Paires. — The three tribes of the Ramnes, Titles, and Luceres, divided politically into Curiae, and socially mto Gentes and Familiae, did not, even in the earliest times, constitute the whole free population of Kome, but formed a privileged class, who enjoyed exclusively all political power and all the honours of the state. As members of this privileged class, they were compre- hended under the general designation of Patricii or Patrcs. The latter term may have originally been confined to the chosen elders who fonned the Senatus or great council of state ; but Patres is employed perpetually as sjmonymous with Patricii; and even those historians who endeavour to draw a distinction between the words, and to represent the Patricii as the sons or yomiger branches of the Patres, do not themselves, in their narratives, maintain any such distinction. Clientes. Patroni. — Each Patrician house had a body of retainers or depen- dents, who were termed the Clientes of the Gens, or of the Familia, or of the individuals to which or to whom they were attached, and these again were styled Patroni, with reference to their clients; the tenns Patroni and Clientes being correlative, and the position of the parties bearing a resemblance, in some respects, to that of a feudal lord and his vassals in the middle ages. AVhat the origin of the Clients may have been, and whence this inferiority may have proceeded, are ques- tions which it is now impossible to answer ; but the most probable hypothesis is, that they were a conquered race, and tliat the patricians were theh conquerors. It is certain, that the relation of Clientela, as it was called, existed among the Sabines 1 e.g. Ad Att. V. 18. 20. VI. 1. 2 eg. Philipp. X. 11. s e.g. Ad Kam. VII. 21. Ad Att. IL 24, Philipp. X. 11, ♦ In Miloniau. Gl PATRONS AND CLIENTS. and the Etniscans, and was perhaps universal in ancient Italy.' The word Cliens, is, we can scarcely doubt, connected with the verb clueo, which is identical w^ith the Greek xTi^/tj, and although clueo, where it occurs in the classical writers, signifies to be spoken of, it may also have signified simply to hear, and indeed midio and cckovu are commonly used in both senses. Thus, Clienies or Cluenics would denote hearers, that is, persons who listened with respect and obedience to the dictates of their superiors. But although the CHentes were, in all respects, dependents and infiiriors, yet the sway of tlie Patrons was by no means of a tyrannical or arbitrary character. On the contrary, the duties of Patrons and Clients were strictly reciprocal, and in m.any cases clearly defined. The Patron was bound to expound the laws (^promere leges} to his Client — to ^^'atch over his pecuniaiy and personal interests as a father over those of his son — to maintain, in a court of justice, his rights, when injured or assailed, and generally to protect him in all his relations, both ]jublic and private. On the other hand, the Client was bound to aid and support his Patron — to furnish a dowry for the daughter, if the flither -were poor — to raise money for the raasom of the patron himself, or of his children, if taken prisoners in war — for tlie pajTirent of fines or damages incm-red in legal processes, and for the expen- diture required for discharging any public oflSce. A Patron and his Client could not appear against each other in a court of law, either as principals or witnesses, nor assume a hostile attitude under any form. These, and similar obligations are enumerated by Dionysius, (II. 10,) wlio is more expUcit upon this matter than any other ancient wTiter ; and there is also a passage in Aulus Gellius, (V. 13,) in which we are told that the ties of dientship were at one time regarded as more sacred than those of blood, and tliat next to the name of father, that of Patronus was the most holy. The Clientship descended from father to son on both sides ; the Client bore the gentile name of his Patron, and was regiu-ded as appertaining to the Gens, although not strictly forming a part of it. The obligation of a Patron to protect his Client being regarded as of the most solemn character — the violation of it was a crime which rendered the peqjetrator Sacer, i.e. devoted to the infernal gods, and, as such, an object of general abhon-ence, and no longer under the guardianship of the laws. By the code of the XII. Tables it Avas expressly enacted — Patromis si Clienti fraiidem fecerit, sacer ejto — and among the spirits reserved for tortm-e in the nether world, Virgil enumerates — " Ilic quibus invisi fratres, dum vita manebat, I'ulsatusve parens, aut fraus mnexa Clienti, » » » » Inclusi poenam expectant.'" ' It will still farther illustrate the position of Patron and Client if we bear in mind, tliat when a master granted freedom to a slave, the relation previously expressed by the words dominiis and servus was now represented by patromis and libertus, and that, in legal pliraseology, anv advocate who pleaded for a criminal in a court of justice was termed the patronus of the accused. ■*l(;b<-i> M. i*icbti. — But not only do we hear in early Roman history of the I'atricians and their Clients, but from the very infancy of the state we find a liody of men termed Plehs or Plebes, who at first belonged to tlie non-privileged l'Ijlss, and were entirely shut out from all participation in political power, but 1 Uv. TI. 10. Dionys II. 4C. V. 40 IX. .■). X. I* 3 \ irgil JLd. VI. UUti see also Diuiiyg. I.e. and Ilur. C. IL xvlii. ::5. rOPULUS AXD PLEBS. 65 ■who gradually increased in numbers, wealth, and influence, and at length, by slow degi-ees, and after many desperate straggles, succeeded in placing themselves upon a footing of complete equality witli the Patricians, and in gamuag admission to all the otHces of state, civil, military, and sacred. Indeed, the internal history of the city, for nearly two centuries after the expidsion of the kings, is wholly occupied with details regarding the contests between the Patricians and the Plebeians ; and it was not mitU the two orders were fully and heartily united that the career of conquest commenced, Avhich was terminated only by the lunits of the civUised world. But the question now to be considered is, 'Who were tho Plebeians, and whence did they come ? The historians of the Augustan age believed that the term Plehs was another name for Clientes, the former beuig used to denote the whole non-privileged class collectively, while the latter was employed with reference to different Patrician houses to which they were individually attached. But tliis idea, long received without doubt or suspicion, is entirely irreconcileable with the position occupied by the Chents, as explained above, and also with the naiTatives of the historians themselves. The Clients, even as a body, could never have engaged in a series of fierce straggles, during which they must have constantly been brought into direct collision with then- individual Patrons, nor would any Patri- cian have been permitted to exercise those acts of oppression and cnxelty towards the Clients of another Patrician which we find often perpetrated on the Plebs in their weakness. Moreover, many passages might be quoted from Livy and Dionysius in which the Clients of the Patricians are mentioned, not merely as distinct from the Plebs, but as actively assisting their patrons to finistrate the designs of the Plebs. The most important of these are referred to below, and ought to be carefully consulted. ■" The ingenious hypothesis of Niebuhr, although he insists with too much dogmatism on the minute details of his theory, is now generally accepted as a satisfactory solution of the difticidties which smTOund this subject. His views may be briefly expressed in the following propositions : — 1. The Plebs and the Clients were originally entirely distinct. 2. The original population of Rome consisted solely of the Patricians and their Clients. 3. The Plebs was composed of the inhabitants of various Latin towns which were conquered and destroyed, their popidation being, at the same time, trans- ported to Rome and the surrounding territory. Thus, upon the taking of Alba by Tullus Hostilius, Livy records — duplicatur civium numerus — and again, when speaking of the conquest of Ancus — secutusque morem regum priorum, qui rem Romanam auxerant hostibus in civitatem accipiendis, multlludinem omnem Romam traduxit.^ 4. As long as the Patricians and Plebeians remained politically distinct, the former alone, with their clients, vjere designated as the Populus. Hence we find Populus and Plebs spoken of as different bodies, not merely in the early ages, as Avhen we are told — Consul Appius negare jus esse tribuno in quemquam, nisi in plebeium. Non enim popuxi sed plebis eum magistratum esse ^ — but in formal documents of a much later period, and even when the original import of the tenns must have been altogether forgotten. Thus, in the prophecy pubhshed B.C. 212, dm'ing the second Punic war, enjoining the insti- 1 Liv. II. 35. 56. 64. III. 14. 16. corap. VIL 18. Dionvs. VL 45-47. 63. IX, 41. X. 27. 5t Liv. I. 30. 33. 8 Liv. II. 56. 66 CLIENTS AND TLEBS. tution of games in honour of Apollo — lis ludis faciendis praeerit praetor t», qui jus POPXJLO PLEBEiQUE dabit summum ' — and in the will of Augustus— Legata non ultra civilem modum, nisi quod populo et plebi cccxxxv. . . . dedit. ^ When we remember the progress made by Rome during the regal period, we fihall imderstand that the numbers of the Plebeians increased with great rapidity, and that this body must have included a vast number of families which had been noble and wealthy in the vanquished states, as well as the humble and the poor. The Plebeians had their own Gentes and Famihae, the same system of names prevailed among them as among the Patricians, and in some cases the gentile names were identical. Thus there was a Patrician Gens Claudia with the family names of Pulcher, Nero, and others ; and also a Plebeian Gens Claudia with the family name Marcellus. Amalgamntioii of the Clientcs ivith the Plebs. — The old Clients were eventually mixed up with and became a portion of the Plebs ; but when and by what steps this was effected, are points upon which we ai'e entirely ignorant. It is probable, however, that the fusion was completed at the period when the Plebs succeeded in extorting from the Patricians the fiill concession of equal rights. Clients of later times. — But although the clients became politically merged in the Plebs, the habits and national feelings connected with the Clientela remained. Many of the poorer Romans, and foreigners resident in Rome, gladly took advantage of this sentiment, and placed themselves under the protection of the rich and powerful. Even towards the close of the republic and under the early emperors, the noble Roman loved to be visited each morning by a crowd of humble dependants, and to walk abroad attended by a numerous retinue whom he was wont to assist with his advice, and occasionally to entertain at his table, or, as became the practice at a late period, to recompense by a dole (sportuld) of food or money for their mercenary devotion. Cities and whole provinces, in like manner, sought, as clients, to secure tlie good ofBces of particular families or individuals. The Marcelli were the patrons of Sicily — the Fabii, of the Allobroges — the Claudii, of Sparta — Cato, of Cyprus and Cappadocia ; and as a proof that the connection so formed was not merely nominal, we find Octavius excusing the inhabitants of Bononia from joining in the league against his rival — quod in Autoniorum clientela antiquitus erant —(Suet. Octav. 17.) Plcba of later times. — After the Plebeians had been admitted to a foil participation of all social and political rights, the term Plels or Plebes by degrees lost its original signification ; it no longer indicated an order or body in the state politically distinct, but was used to denote those members of the com- munity at large whose means were small and whose station was humble. Hence, by the writers who flourished during the last century of the republic, and imder the empire, the name PMjs was a]ii)iied to the whole mass of poor citizens, and 18 frequently employed disparagingly in the sense of the mob or rabble. The only tra(;e of political or social distinction which remained was in the separation 3till kept up between the Patrician and Plebeian Gentes, and this was closely 1 Llv. XXV. 12. 2 Tacit. Ann. I. fl. In the Senatus CoiisuHum, quoted by Caelius in Cio. Epp. ad Fam. VIII. 8. we read — Si quid ea re ad piipntum, ad plehcmvc lata opus esset, iiti Ser. Sulpiciux, M. Sfarcellm Cosf. praelores, Iribunique plains, quibus eorwn riderelur ad populuin plehoiipe refer, ronl— the term pnpului may signify the people assembled in the Coiuitia Centuriata, es opposed to plebs, the people assembled in the Comitia Tributa. NOBILES — IGNOBILES — OPTIMATES — POPULARES. 67 observed, because, although all the great offices were open to Plebeians, there were certain magistracies (that of Tribunus Plebis, for example,) from which, according to an inviolable principle in the constitution, all members of the Patrician Gentes were rigidly excluded. Nobiles. Ignobiles. Nov! Homines. Ins Imaginnm. — After all political distinctions between Patricians and Plebeians had been finally removed, a new aristocracy or nobility gradually sprung up. Certain high offices of state conferred upon the holder the right of using, upon public occasions, an ivory chair of peculiar form. This chau: was termed Sella Curulis; and the offices, to be enumerated here- after, which gave a right to the use of this seat were named Magistratus Curules. It was the custom for the sons or other lineal descendants of those who had held such offices to make figures with waxen faces representing their dignified ances- tT>rs, and the right bestowed by such custom or usage was called lus Imaginum. These Imagines or figures were usually ranged in the public apai*tment (atrium) of the house occupied by the representative of the family — appropriate descriptive legends (tituli) were attached to each — they were exhibited on all great family or gentile festivals and solemnities ; and the dignity of a family and of a gens was, to a certain degi-ee, estimated by the number which it could display. ' All persons who possessed one or more of these figures, that is to say, all who coidd number among their ancestors individuals who had held one or more Curule offices, were designated by the title of Nohiles. Those who had no figures of theii- ancestors, but who had raised themselves to a Curule office, were termed Novi Homines. All who had no figures of their ancestors, and had not, in their own persons, attained to a Curule office, were ranked together as Ignobiles. Even after the admission of the Plebeians to a full participation in political power, the high offices were, to a great extent, monopolised by a small number of families ; these Nohiles became gradually more and more exclusive, and looked with very jealous eyes upon every one not belonging to their own class who sought to rise to eminence in the state. ^ Hence the fierce opposition ofi'ered to Marius, who was a Novus Homo^ and even Cicero, who stood in the same posi- tion, was always, notwithstanding the services he rendered to the aristocracy, regarded with coldness and aversion by a large portion of the old Nohiles. It must be distinctly understood that this Nohilitas conferred no legal privileges — did not imply the possession of wealth, and was enjoyed by Plebeians and Patri- cians, without reference to theii* extraction. It lias been remarked, that no Patrician is ever spoken of as an Ignohilis or as a Novus Homo. If this is really correct, it probably arises from the fact, that before these tenus became of weight, every Patrician family, and the number of these was latterly veiy small, could number the holder of a Curule magistracy among its ancestors. Optiiuaies. Popniares. — It will be readily understood from the last section how the state became divided into two gi-eat political parties or factions, the one composed of the Senate with the Nobiles and their adherents, who desired to keep all poKtical power, as far as possible, in the hands of a few individuals, the other, composed chiefly of the Ignobiles, who were desuous to extend the circle, and to increase the importance of the people at large. The former, who may be termed the Aristocratic party, were styled Optimates, the latter, or Democratic were styled Populares]^ and from the time of the Gracchi until the downfal of the 1 On the subject of Roman Imagines our great authority is Polybius VI. 53. •c-^iY® find this spirit manifesting itself as early as the second Punio war.— See Law. XXII. 34. 3 See Velleius XL 3. Cic. pro Sest. 45. 68 LOCAL TRIBES. commonwealth, their contests were fierce and incessant. It must be observed, that these words, Optimates and Populares, iu no way indicatM rank or distinction, but solely political principles, and that althougli the fonner consisted chiefly of the Nob'Ues, yet, the most distinguished leaders of the Populares, the Gracchi, and Julius Caesar, were Nobiles — the two former Plebeians, the latter a Patrician. Local Tribes. — The Plebs, although steadUy increasing in nimiber and in strength, appear to have remained a confused mass mitil they received organi- zation and political existence from the institutions of Sei'vius Tullius. One of the most important measures of that great reformer was the division of the whole Soman territory into districts, termed Re(jiones^ and of the whole free Roman population into an equal number of Tribus, each tribe occupying a region. The city was divided into four regions, which, as we have seen above, (p. 8,) were denominated respectively, Suhurana, Ef^qnUina^ Collina^ and Palatma , ' the remainder of the Roman territoiy was divided into twenty-six regions, ^ so that altogether there were thirty regions and thu-ty tribes, twenty-six of these being Tribus Rusticae, and four Tribus Urbanae. This arrangement was strictly local ; each mdividual possessed of landed property being enrolled in the Rustic Tribe corresponding to the region Ln which his property lay, and those who were not landowners being included in one or other of the City Tribes. Some important changes took place in consequence of the convulsions and loss of lands which followed the expulsion of the kings ; for in B.C. 495, fifteen years after that event, we are told by Livy — Romae tribus una et viginti factae.^ From this time forward new tribes were gradually added, as the Roman temtoiy gradually extended, until B.C. 241, when they were increased to thirty-five.* This number was never agumented, but remained fixed until tiie latest times. It is true, that upon the admission of the Italian states to the rights of citizenship, after the social war, laws were proposed and passed (Lex lulia, B.C. 90 — Lex Plautia Papiria^ B.C. 89,) for the creation of eight or ten new tribes, in which the new citizens were to be enrolled ; ^ but these enactments were, in this point, superseded by the Lex Sulpicia, (B.C. 88,) which ordained tliat the new citizens should be distributed among the thirty-five existing tribes ; ® and this arrangement appears to have been ratiiied and ciuried out by Sulla. ' The tribes instituted by Scrvins Tullius must be careftdly distinguished from the three Patrician tribes, the Ramnes, Tities, and Luceres, which were henceforward thrown into the shade ; and wherever tribes are spoken of in Roman history, we must understand that the Local tribes are meant imless the contrary is speci- fically stated. Tlie division into tribes, now described, being purely local or territorial, there can be little doubt that the Patricians and their Clients, as well as the Plebeians, were included from the very commencement ; but in what relation they stood towards each other when the division into tribes was first applied to political purposes, cannot be ascertained. The Regiones Rusticae were divided into a number of small districts, called 1 Varro L.t. V. § 4a § 56. Dionys. IV. 14. Liv. L 43. Epit. XX. Plin. U.N. XVIIL 3. 2 Varro ap. Non. s.v. viritim. p. 30. ed. Gerl. Dionys. IV. 15. S Liv. II. il. Dionvs VIL C4. 4 Liv. L 43. Epit. XIX. « Velleius II. 20. Appian. B C. I. 49. C Liv. Kpit. LXXVII. Appian. li.C. I 55. 64. Velleius 1. c. t Liv. tpit LXXXVl. CLASSES AisD CENTURIES. 69 Pagi, each of which had its Magister Pagi or petty magistrate ; and tlie Pagaid, i.e. the membera of each Pagus had a shiiae, where each year they celebrated a festival termed Paganalia. ^ In like manner, the Regiones Urbanae were divided into Vici, each Viciis having its Magister; and the inhabitants of each celebrated annually, at the intersection of the streets formuig their Vicus, a festival, termed Compitalia. - There were also nu"al festivals, termed Compitalia, celebrated at the point where several roads intersected each other. Classes. Centnriae. — The division into tribes comprehended the whole body of free Romans, and wao pm-ely local ; but Sei-vius made a second distribution, not less important in every point of view, depending entirely upon the amount of fortune possessed by each citizen — this was the division into Classes, which were subdivided into Centuriae. Classis, in the most ancient acceptation of the term, denoted an army ; and the division into Classes and Centm'ies was, in one point of view, a military organization, the whole body of the people being regarded as an Exercitus, divided into horse and foot, with their artizans and musicians. The Cavahy (equites) were divided into eighteen Centuriae. The Infantry (pedites) were divided into five, or, accordmg to some, mto six Classes, the discrepancy being, however, merely nominal, as will be seen here- after. Each Classis contained a certain number of Centuriae, one half being Centuriae of luniores, that is, composed of men between the ages of seventeen and forty- six, and therefore liable to be called upon for active military service, the other half being Centm-iae of Seniores, that is, composed of men above the age of forty-six. Each class included all who possessed a certain amount of fortune, that is, whose property was valued at a certain sum ; and the style of the equipments in each class was regulated by the means of those who formed the class. Thus, those in the first class had a full suit of defensive armoiu-, helmet, large round shield, cunass, gi-eaves, (galea, clypeiis, lorica, ocreae,) all of bronze, their offensive weapons being a long spear (hasta) and a sword {gladius.') Those in the second class carried a lighter oblong shield, {scutum,) and had no cuirass. Those in the third class had no gi-eaves. Tliose in the fom'th class had no defensive armour, and bore merely a long spear (hasta) and a light javelin (verutum.) Those in the fifth class were provided with slings and stones only (fundas lapidesque missiles gerebani.) Our chief authorities for all the details with regard to the distribution into classes and centuries are Livy (I. 43.) and Dionysius, (IV. 16. VII, 59.) whose accounts, although agreemg in the main, present slight discrepancies. Com- bining the two narratives, the following scheme approaches, in all probability, neariy to the truth : — Equites, . 18 Centuries. I™*- Classis. — Fortune not less than 100,000 Asses or pounds of copper. 40 Centuriae Seniorum.) orv /-. . . 40 Centuriae luniormn,; 80 Centuries. 1 Dlonys. II. 76. IV. 15. PauL Diac. s.v. Pagani, p. 221. Serv. ad Vlrg. G. IL 382. 2 Dionys. L 14. IV. 14. "s • f 70 CLASSES AND CENTCTEIES. 11^^- Classis. — Fortune not less than 75,000 Asses. 10 Centiiriae Seniorum,^ 10 Centuriae luniorum,)- 22 Ceninries. 2 Centuriae Fabrum, ) III<1«- Classis. — Fortune not less than 50,000 Asses. 10 Centuriae Seniorum, 10 Centuriae luniorum, ;:} 20 Caiitaries. JN^ Classis. — Fortune not less than 25,000 Asses. 10 Centuriae Seniorum, ) 10 Centm-iae luniorum, > ... 22 Centuriea. 2 Centuriae Comicinum, &c. ) V**- Classis. — Fortune not less than 12,500 Asses. 15 Centuriae Seniorum, 15 Centuriae luniorum, ;;} 30 Centuriea. 1 Centuria Proletariorum et) 1 r t Capite Censonim, | . # . . urj. Iq all 193 Centuries. The chief points in which Dionysius and Livy differ are — 1. Livy makes the total number of Centuries to be 194, by adding to the fifth class a Centuria of Accerisi ; but it is more probable that the nimiber should have been odd, otherwise embaixassment might have arisen from an equal division of the Centuries in voting, as will be explained in the section where we treat of the Comitia Centuriata, 2. Livy makes the fortune of the fifth class 11,000 asses, instead of 12,500 ; but we can see no reason why a departure should have taken place in this instance from the symmetrical reduction obsen'ed in the other cases. 3. Dionysius makes six classes, instead of five ; his sixth class consisting of the one century of Proletarii and Capite Censi included by Livy in the fifth. The Proletarii were those whose fortune was not above 1500 asses, and who were not called upon for military service except in extraordinary emergencies, when tliey were equipped at tlie expense of the state. The Capite Censi were those who had no fortune, or whose fortune was so small that it could not be definitely fixed, and who were therefore rated " by the head," and not by tlie amount of their property. It will be obser\'ed tliat there is a considerable gap between the fifth class, whose fortune was not less tlian 12,500, and the Proletarii, whose fortime was not above 1500 ; this space is supposed to have been filled up by the various descriptions of irregular troops, spoken of by diff"erent authoi-s, such as, accensi velati — adscriplitii — rorarii—feretUarii, &c. ; but whether these were included in the Centiu-ies of the fiifth class, or in tlie single Century of the Proletarii, we cannot tell. ^ The citizens included in the five classes were comprehended under the general 1 On the PrnUtarii. &c. see Aal. GelL XVL 10. Cic de R. V 12. SallusU log. 91. Paul Dlac. ».T. Prolelarium, p. 226. EQUITKS. 71 name of Assidui, or (at a later period) Locupletes, ^ in opposition to the ProU- tarii and Capite Censi. Those again who, belonging to the first class, had property valued at not less than 125,000 asses, were styled emphatically Classici, and under this head we must suppose that the eighteen Centuries of Equiles were included ; those again who were included in the first, or in any of the remaining four classes, but whose fortune did not amount to the above sum, were designated as Infra Classem,- and hence the phrase classic authors, i.e. writers of pre- eminent worth, and so Aulus Gellius (XIX. 8.) — Classicus assiduusque aliquis scriptor non proletarius. In conclusion, we would repeat, for the fact ought to be deeply impressed upon the young scholar, that while the division into tribes was purely local, 80 the distribution into classes depended upon fortune alone, and that, in so far as the local tribes and the classes were concerned. Patricians and Plebeians were, from the first, placed side by side without distinction ; the great object kept in view by Servius Tullias having evidently been the establishment of political equaUty among the difi'erent orders of the state. This will be better understood when, in a subsequent section, we explain the relation of the tribes and centuries to the Comitia or constitutional assemblies. Eqnites. Ordo Eqnester. — We must now direct our attention to that class of persons who, under the name of Equites, play a conspicuous part in the annals of Rome from the earliest times. The investigation of their history is highly complicated and obscure. All the materials will be found collected, discussed, and combined with great industry, acuteness and ingenuity, in the treatises quoted at tlie bottom of the page, ^ of which the last three deserve special attention ; but many points are still involved in doubt. In pm-suing om- inquiries into the nature and constitution of this body as it existed at different epochs, it will be necessary to draw a broad line of distinction between the Equites of the primitive times and the Equester Ordo during the last century of the common- wealth ; and it will be farther necessary to consider the ancient Equites as divided into two classes, the Equites equo publico and the Equites equo privato. Rise and Progress of the Equites. — In the earlier ages of Rome the tenn Equites was employed exclusively in a military sense to denote the cavalry of the army, and therefore was not applied to a permanent order in the state, but to a body which was undergoing constant changes. We are told that Romidus levied one hundred cavalry in each of the three original tribes, ten out of each Ciuia. These three hundred horsemen or tres centuriae equitum were divided into ten squadrons (Turmae^ of thirty men each, each Turma was subdivided into three Decuriae of ten men each, and at the head of each Decm-ia was a Decurio. The three Centuriae bore the names of the thi-ee tribes from which they were raised, and were designated respectively Ramnes — Tities — Luceres; and the 1 Cic. de R. II. 92. Aul. Gell. XVI. 10. Varro ap. Non. s.v. Proletarii, p. 48. ed. GerL Charis. I p. 5S. ed. Putsch. 2 Aul. Cell. VII. 13. comp. Paul. Diac. s.v. I»fra classem. M^e have already referred to the passages of Livy (I. 43. ) and Dionysius (IV. IG. VII. 59. ) which afford the most distinct information concerning the constitution of Servius, and to that of Aulus Gellius (XVI. 10.) which is the most important on the Proletarii and Capite Censi ; but in addition to these, there is a passage in Cicero de Republica (IL 22.) in every way remarkable, and which has given rise to animated discussion ; but the text is unhappily so uncertain that it cannot ba regarded as a safe guide. S Muhlert, De equitihus Romanis, Hild. 1830. Marguardt, Historiae equitum Romanorum. Berol. 1840. Zumpt, Ueber die Romischen Ritter, «ic., Berol. 1840. Madvig, De loco Ciceronis in Libro IV. de Rep., in his Opuscula Academica, Tom. I. 72 EQUITES. squadrons were formed in sucli a manner that each contained ten Ramnes, ten Tities, and ten Luceres. The body collectively was termed Eqaites s. Celeres s. Trossuli s. Flexinnines, the two latter being words of imcertain origin. The commander of the whole was styled Tribunus Celerum.^ Tiillus Hostilius, after the destruction of Alba, doubled the number of the Equites, the number of Centuriae remaining the same, so that each Centuria now contained twenty Turmae and two hundred Equites.^ Tarquinius Priscus again doubled the number of Equites, dividing them into six Centuriae ; but he was forbidden by the augur, Attus Navius, to introduce new names, and therefore the Centuriae were now distinguished as Priores and Posteriores s. Secundi ; thus, there were the Ramnenses priores and the Ram- nenses posteriores, and so for the Tities and Luceres, the whole ntimber of Equites being now 1200. These six Centuriae were composed of Patricians exclusively, and are frequently described as the Sex Suffragia or Sex Centuriae, and were known by the latter name even when Livy wrote. ^ Sei-vius added to the six Centuriae twelve new Centuriae of two hundred each ; these new Centuriae being selected fi-om the leading men in the state, without reference to their position as Patricians or Plebeians. There were now altogether 3600 Equites divided into eighteen Centuriae, the number given above, when treating of the distribution of the citizens into classes. These eighteen Centuriae Equitum were made up of the Sex Suffragia of Patricians, as arranged by Tarquinius, and the twelve new Centiu-iae of Servius. * Census Equester. — The Equites, fi-om the commencement, were selected from the wealthiest of the citizens. The fortune necessary for admission into the first class was, as we have seen, at least 100,000 asses — tlie equestrian fortune was probably at least 125,000, which placed the holder among the Classici; but we must not suppose the 400,000 sesterces= 1,600, 000 asses, which was the Census Equester towards the close of the repubUc, could have been required in the infancy of tlie state. Equus Puhlicus. — Each of the Equites, in the eighteen Centuriae, received fi-om the public treasury a sum of 10,000 asses for the purchase of a liorse, {aes equestre,) and hence the phrases equo publico merere, equum publicum assig- nare ; he was farther allowed an annual sum of 2000 asses for its maintenance, (^aes hordearium ;) the sum necessary for the latter pui-pose being raised by a tax paid by unmarried women and orphans, who seem to have been exempt from ordinary imposts. * It seems probable that when an Eques ceased to serve, either in consequence of the regular period having expired, or from some other cause, he was requu-ed to refund the 10,000 asses advanced for the purchase of his horse, but this is not certain.* Period of Service. — Durmg the most flom-ishing epoch of the republic, the period of service required from an Eques was ten years, after which he was no longer obliged to take the field, but might, if he thought fit, give up his public liorse and retire from the Centuriae of the Equites. It does not, however, appear that this retirement was compulsory ; on the contrary, those who had obtained a place in the Senate, and were far advanced in life, sometimes retained their Equus Publicus, as in the case of the censors M. Livius Salinator and C. Claudius 1 Li^y I. 13. Dlonys II. 13. Varro L.L. V. J 91, Plut. Eom. 13. 2a 2 Paul. IJiac. s v. Celeres, p. .'i.'i. 3 Mv. I. :t(3. who, however, makes the number 1800. < Liv. I. 3fi. 43 Cic. tie K. 11 m. as interpreted by Zumpt. f Uv. I 43. Paul. Oiac. B.v. Equeitre aes, p. 81. Cic. de U. IL 20. Gaius IV. } 27. • See Becker, p. 254. EQUITES. 73 ^'ero, B.C. 204, and indeed at one time all senators must have been included in the Centuriae Equitum. In the age of Cicero, however, these Ccnturiae were composed of young men exclusively. ^ Choosing of the Equites —The Equites, we are told by Dionysius, (II. 13,) were originally selected by the Curiae. After the introduction of the Servian constitution, the duty would devolve upon the magistrate who presided over the Census, and hence first upon the kings, afterwards upon the consuls, and from the year B.C. 443 on the censors. ^ Once in five years the censors made a strict and solemn review of the Equites, {equitatum recognoscere — recensere — censum equitum agere,) ^ who passed before them on foot, in single file, each leading his horse forward as his name was called over by the public crier. Those who were approved of were desired to pass on, (traducere equum — tr-adiic eqimm,) * those whose horse and equipments were in bad order, or who, fi-om any other cause, were deemed unworthy, the censor removed from the body, (equum equiti adimere,) by pronouncing the words Vende equum.^ After the roll was purified, the vacancies were filled up from those who possessed the necessaiy qualification, and no change took place until new censors entered upon office. Equitum Transvectio. — Altogether different from the solemn review by the cessors {equitum prooatio s. recognitio — I'T^Triuv iTriaicii^ig) was the procession called Equitum Transvectio, which took place annually on the Ides of July, in commemoration of the aid afforded to the Roman arms, at the battle of the lake Regillus, by the twin brethren Castor and Pollux. On the day named, the Equites, mounted on their steeds and dressed in their robes of state, (traheati,') Tode from the temple of Honos, outside the Porta Capena, (see above p. 34,) through the Fonim to the Capitol, passing on their way the temple of the Dioscuri (see above p. 18.) This practice was first introduced by Q. Fabius Maximus Rullianus when censor, B.C. 304 — Ah eodem institutum dicitnr ut equites Idihus Quintilibus transveherentur — Hie primus instituit uti Equites Romani Idihus Quintilihus ah aede Honoris equis insidentes in Capitolium transirent. ® The Recognitio and the Transvectio of the Equites had both fallen into disuse before the doviTifal of the republic, but were revived, and, apparently, to a certain 'degree, combined by Augustus. '^ Equites equo privato. — The eighteen Centuriae Equitum, whose constitution we have described above, were the only body of cavalry in the state until tiie year B.C. 403, when, in consequence of the reverses sustained by tlie army before Veil, and the intestine disorders which distracted the city, the Senate were thrown into great perplexity. On this emergency, a number of persons possessed of equestrian fortune, but who had not been chosen into the eighteen Centuriae, came forward and offered to serve as cavaliy without receiving a horse from the state, or the usual allowance for its maintenance. " Their proposal was eagerly accepted. In this way a body of Equites arose, who received larger pay than the infantry, and whose period of military service was limited to ten years, but who received neither acs equestre nor aes hordearium, and who were not admitted ioto the eighteen Centmiae Equitmn. 1 Liv. XXIX. 37. Cic de R. IV. 2. and remarks of Ziimpt. Q Cic. de pet. cong. 8. 2 See article Censores in the chapter on the Roman Magistrates. 3 Lit. XXIX. 37. XXXIX. 44 XLIII. 16 * Cic. pro Cluent. 48. Val. Ma.x. IV. i. 10. « Liv. XXIX. .S7. Val. Max. IL ix. 6. « Dionys. VL 13. Liv. IX. 4G. Val. Max. IL ii. 9. Aurel. Vict, de viris ill. 32. 7 Suet. Octav. 38. * IJT. V. 7. eguia te suis stipendia facturos promittunt. 74 OEDO EQUESTEE. It must be remarked that towards the close of the republic, although the eighteen Centuriae were still kept up as a political body, the cavalry of the Roman armies was composed almost entirely of persons not citizens, and hence the Equites equis privatis must have gradually disappeared. These changes paved the way for a new body, which we now proceed to consider. Ordo Equester. — As Rome rose and prospered, the number of those who possessed the Equestrian fortune must have greatly exceeded the demands of the armies ; and when the cavalry was composed chiefly of allies and auxiliaries, a class of rich men was rapidly formed, who were not senators, and not ambitious of public distinction, but who sought to employ their time and increase their means by embarking in mercantile enterprises. We hear of such for the first time as government contractors dming the course of the second Punic war ; ^ and when the dominion of the republic was extended over Sicily, Greece, Asia, and Africa, they foimd ample occupation in farming the public revenues, and accumu- lated vast wealth. This body of monied men necessarily exercised great influence, and held an intennediate but ill-defined position between the nobility and the humbler portion of the community. Hence, when the struggles between the Optimates and the Populares became frequent and violent, the democratic party perceived how much they might gain by securing the hearty co-operation of the great capitalists and their retainers, and this object they efiected by the bold measure of C. Gracchus, who, in B.C. 122 carried the Lex Sempronia ludiciaria, in terms of which the Indicia, that is, the right of acting as jurors upon criminal trials, which had liitherto been enjoyed by the senators exclusively, was trans- ferred to those possessed of the Census Equester, i.e. 400,000 sesterces. In this manner a definite form was given to the body — now, for the first time, called Ordo Equester,^ in contradistinction to Ordo Seruttorius ; and all necessary connection between the term Equites and the idea of military service ceased. The Senate, however, did not tamely resign the privilege which they had so long enjoyed, and for half a century after the passing of the Lex Sem- pronia, the battle of the Indicia was fought again and again with varying success, and a constant feeling of irritation was kept up between the contending parties. To remove this, and to bring about a hearty good understanding between the Senate and the Equestrian Order, was the great object of Cicero's policy, who saw clearly that hi this way only could the assaults of the democracy be repelled. This object he succeeded in accomplishing for a time, at the period of Catiline's conspiracy, which spread dismay among all who had any thing to lose. But the alliance proved short-lived, and the majority of the Ordo Equester threw themselves into the scale of Cajsar and the Fopidares. Pliny, in the first and second chapters of the thirty-third book of his Naturalis Historia, communicates much information with regard to the rise and progress of the Equestrian order ; but, as too common with that author, the materials are thrown together at random, and the statements, on many points, irreconcileable. The following sentences from the second ciiapter seem to be distinct and trust-worthy : — ludicum autem appellalione separari eutn ordinem primi omnium instituere Gracchi discordi popularitate in contumeliam Senatus, mox ea dehellata, auctoritas nominis vario sedilionum eventu circa puhlicanos suhstitit : et aliquamdiu teniae vires puhlicani fuere. Marcus Cicero demum stahilivit equestre nomen in considatu 1 T.iv. XXIII. 48. 49. 2 It is here that the term Ordo Eqwster occurs in the earlier books of Livy, e.g. IX. 38. XXI. 59. XXIV. 18. XXVI. 3G. ; but the historian sceiDS to have adopted the phraseology of his own day without reference to the period when it was fir.st introduced. We shall have occasion shortly to notice a similar prolepsis in regard to what were called Equites iUuitret, BADGES OF THE EQTJITE3. 75 suo, et senatum concilians, ex eo se ordine profectum esse celebrans, eiusque vires peculiari popularitate quaerens. Ah illo tempore plane hoc tertium corpus in repuhlica factum est, coepiique adiici Senatui Populoque Romano et Equester Ordo. insigrnia of the Equites. — The outward marks of distinction enjoyed by the Equites and the Ordo Equester were the following : — 1. Annulus aureus. — We find that golden rings were worn by senators at all events as early as B.C. 821 ; for we are told by Livy, that among other demonstrations of public grief, when intelligence arrived of the disaster at the Caudine forks — lati clavi, annuli aurei positi. Dui'ing the second Pimic war, we know that they were worn not only by senators, their wives and children, but also by Equites equo publico ; since it is to these that the historian must refer when he informs us that when Mago exhibited to the Carthaginian Senate the three modii of golden rings taken from the slain at Cannae — adiecit deinde verbis, quo maioris cladis indicium esset, neminem, nisi equitem, atque eorum ipsorum primores, id gerere insigne. According to Pliny, who enters into many details upon the subject of rings, the gi'eater number of the members of the equestrian order, who acted as jurors, wore, even in the time of Augustus, an iron ring only — maior pars iudicum in ferreo annido fuit — fi'om which we conclude that, after the age of Augustus, the custom or right of wealing the annulus aureus extended to the whole of the Ordo Equester.^ 2. Augustus clavus. — WhUe Senators and Equites equo publico had alike the privilege of wearing a golden ring, senators aJone had the right of wearing a tunic with a broad vertical stripe of purple (latus clavus) in front, the garment being hence called Tunica Laticlavia, while the tonic of the Equites was distinguished by a narrow stripe, and hence called Tunica Angusticlavia. At what period the practice was fii-st introduced we cannot tell, since it is seldom alluded to in the classics, and only by wTiters of the imperial times. ^ We learn fi-om Dion Cassius that when the Senate, as a mark of sorrow, changed their dress, {mutavit vestem,') this consisted in laying aside their official garb, i.e. the Laiiclavia, and assuming that of the Equites, i.e. the Angusticlavia, while the magistrates threw off their purple edged cloak, (Toga praeiexta,) and appeared in the mantle of ordinary senators. We hear also of a change of dress ixnder similar circumstances upon the part of the Equites and the populace ; the former would, therefore, probably appear in a plain txmic, while the latter woidd disfigure themselves with dust and ashes, and so appear sordidati. ^ 3. Quatuordecim Ordines. — In B.C. 67, L. Koscius Otho, at that time tribune of the Plebs, passed a new law, {Lex Roscia theatralis,') or, perhaps, rather revived an obsolete enactment, (see Liv. I. 35,) in terms of which, fourteen rows of seats in the theatre, immediately behind those occupied by the senators, were appropriated to the Ordo Equester — a measure so unpopular that it led to a riot, which was quelled by the eloquence of Cicero.* From this time forward, the phrases — sedere in quatuordecim ordinibus — in equite spectare — in equestribus sedere — sedere in pulvino equestri — are used to indicate a member of the equestrian oi-der ; and the classics are full of allusions to Koscius and his law. * This ordinance, it must be observed, extended to the theatre alone, and did not 1 Liv, IX. 7. comp. 4fi. XXin. 12. XXVI. 36. Plin. H.N. XXXIII. 1. 2. 2 Ovid. Trist. IV. x. 35. Suet. Octav. 73. Lamprid Alex. Sev. 27. comp. Plin. H.N. XXXIII 1 3 Dion Cass. XXXVIII. 14. XL. 4G. LVI. 31. 4 Liv. Epit. XCIX. Cic. pro Muren. 19. Philipp. IL 18. Plin. H.N. VIL 3a Plut Cio. 13, « Hor. Epod. IV. 16. Juv. S. III. 153. Tacit. Ann. XV. 32. < b EQUESTRIAN ORDER. emljraee the Circus, in which places were not set apart for the Senate and the equestrian order until the reign of Augustus, ^ whose regulations upon this point were modified and made more complete by subsequent emperors. ^ Ii:queslriaBi Order under the Emperors. — By the Lex ludiciaria of C. Gracchus all persons possessing property to the value of 400,000 sesterces became, ipso facto, members of the Equestrian Order, and hence, at a very early period, the body was inundated with liberated slaves and persons, who, by disreputable means, had acquired the requisite sum. This evil was already strongly felt in the time of Augustus, who sought, in some degree, to obviate it by introducing a new division among the Equites themselves, and instituting, as it were, an upper class. With this intention, he set apart, under the name of Equites illustrcs, (sometimes called also Equites splendidi^) those w*ho were of distinguished descent, and who possessed a fortime amounting to the qualification for a senator. These he regarded as forming a sort of nureery for the Senate, (seminarium senatiis ;} upon these, while still youths, he bestowed the inferior offices of state, and permitted them to wear, by anticipation, the Tunica Lati- clavin. To this class Ovid belonged, and, as he tells us himself, when he gave up all thoughts of political distinction, and retired into private life, he was obliged to exchange the broad for the narrow stripe — clavi mensura coacta est. * The Equites equo publico having long ceased to be the cavalry of the armie8, would have naturally disappeared along with the Classes and Centuriae with which they were politically connected, but Augustus revived them ; and wMe a portion of the Equites illustres were regarded as the stock from which the future legislators and civil magistrates were to spring, another portion, consisting of those who aimed at military distinction, were sent out as cadets under the immediate inspection of the chief generals, and appointed to subordinate commands, so as to acquire a practical knowledge of their profession. This kind of service was termed Militia Equestris or Stipendia splendidae militiae ; and the individuals thus employed formed a select corps, the head of which was styled Princeps luventutis. This, however, was merely a restoration of an ancient term ; for under the republic the Equites, as a body, were sometimes distinguished as Principes luventutis (Liv. XLII. 61.) Now, however, the title of Princeps luventutis was, in the first instance, restricted to two individuals. Gains and Lucius Caesar, the grandsons of the emperor; and from this time forward it was generally bestowed upon the heir to tiie imperial dignity, or on one closely connected with the imperial family. Thus, it was borne by Nero fi"om the time of liis adoption by Claudius, by Titus, by Domitian, without any other title until the death of his brotiier, by Commndus, and by many others. In reference to the remark in note p. 74. we have to observe that Livy makes use of the phrase Equites illustres wlien treating of the period of the second I'unic war (XXX. 18.) We may readily understand, however, that tlie historian employed an expression with which he himself was familiar to denote what was then tlie liigher class of Equites, viz., the Equites equo publico, without paying regard to the fact, that tlie designation did not exist as a technical term at the epoch to wiiich his narrative refers. Although we shall devote a separate chapter to the consideration of the consti- 1 Diim Cass. LV. 22. LX. 7. LXT. IH. t Tacit. Ann. XV. 3>. Plin. H.N. VIII. 7. Suet. Claud. 21. Ner. II. Dom. 8. • Ovid. Tri»t. IV. x. 35. THE SENATE. 77 tution and duties of what may be denominated tlie Great Council of State, we cannot conclude the present notices of the orders and divisions of the body politic from the earliest times without saying a few words upon the — Origin of the Seuate. — The Senatus was a deliberative body, the members of which (Senatores) held their office for life, established for the pui-pose of advising the kings and supporting their authority.^ The name is manifestly connected with the word Senex, and indicates that those only were admitted into the body whose wisdom had been matiu-ed by age and long experience. The title of respect by which the members were usually designiated was Patres, i.e. Fathers of the State ; but it must not be forgotten that Livy and those writers who treat of the earlier ages of the constitution, employ the word Patres to denote not only the senators, but the whole body of the Patricians, the Avords Patres and Patricii being used, in many cases, as absolutely synonymous. Early History of the Senate. — It is agreed by all, that Romulus chose a Senate consisting of one hundred members. - The prevailing tradition declared farther that one hundred additional members were added when an union was formed with Titus Tatius and the Sabines ; but some writers maintained that the augmented Senate contained one hundred and fifty members while Livy takes no notice of any increase upon this occasion, but represents the Senate as consisting of one hundi-ed only at the death of Romulus. Finally, Tarquinius Priscus increased the number to three himdred, adding one hundred if we suppose that there were two hundred previously, doubling the body if we suppose one hundred and fifty to have been the former complement.^ We are farther told, that the senators added by Tarquinius wei'e styled Patres Mhiornm Gentium, in contradistinction to the original senators, who were now termed Patres Mai- orum Gentium, names which clearly point to a belief that Tarquinius mcreased the number of the Patricians by the incoi'poration of new Gentes with the old houses, and that the new senators were selected fi-om the new Gentes. * If we suppose the original one hundred senators of Romulus to have been Ramnes, the one hundred of Tatius to have been Tities, then the one hundred of Tarquinius, who was from Etruria, would be Luceres, and thus, the three elements, of which the Populus Romanus was composed, would have been equally represented in the Senate ; but this hypothesis, although ingenious, attractive, and, at first sight, plausible, is encumbered by many serious and almost insurmountable difficvdties. The number of three himdred, in whatever manner made up, seems long to have remained the standard. We are expressly told, that at the time of the expulsion of Tarquinius Superbus, the Senate had been so reduced in numbers by his cruelty, that it became necessary for one of the first consuls, Bratus or Valerius, to select one himdred and sixty-four new members, in order to make up the proper amount of three hundi-ed (ut expleret numerum senatorumCCC) These, according to Livy, were taken from the most distinguished of the Equites, (primoribus equestris gradns lectis,) and therefore must have been in part Plebeians, and these Plebeian senators were styled Conscripti, as being enrolled along with the other senators, to whom, as Patricians, the title Patres properly belonged. Hence, the united body was at first described as Patres et Conscripti, fi'ora which arose 1 Cio. de R. II. 9. 2 Liv. L 8. Dionys. II. 12. Plut. Rom. 13. Fest. 8. v. S^na/orejr, p. 339. Dionys. II. 47. Plut. Rom. 20. but comp. Plut. Num. 2. 3 Liv. I. 35. Dionys. III. 67. Cic (Ir R. II. 20. Schol Pob in Cic. pro Scauro. ^ Tacitus (Ann. XI. 2ii.) ascribes tbe institution of the iluwies Gentes to Brutus the first eoasuL 78 THE SEKATE. the title of Patres Censcripti, employed almost invariably, in later times, in addressing the Senate, after the distinction indicated by the terms had long since disappeared and been forgotten. ^ From this time forward we have no definite information with regard to the number of senators. We are told by Appian that Sulla, in order to recruit the ranks of the Senate, which had been greatly diminished dming the civil war, added three hundred chosen from the most distinguished of the Equestrian order, and we have direct evidence that in the time of Cicero the number must have been upwards of four hundred and fifteen, - Julius CiBsar, when dictator for the fourth time, (B.C. 45.) admitted a crowd of unworthy persons, by whom the number was swelled to nine hundred ; and when Augustus was censor along with Agrippa (B.C. 28.) there were one thousand.^ 1 Liv. II. 1. Dionys. V. 13. Plut. Popl. 11. Rom. 13 Q,.R. .'58. Fest. s.v. Qui Parres, p. 254. Paul. Diac s.v. Allecti, p. 7. s.v. Conscripti, p. 41. Unless we suppose that Plebeians gained admission at this time, we shall be at a loss to account for the fact, that Plebeians are found in the Senate (Liv. V. 12.) before they were entitled to hold any of those offices which necessarily gave admission to the body. Livy applies the term Conscripti to the whole of the new senators, without any special reference to Plebeians ; but the explanation given above is not only natural in itself, but !■ fully borne out by the words of Festus and Paulus Diaconus. 2 Appian. B.C. I. 100. Cic. ad Att. I. 14. comp. Oral. post. red. in Sea. 10. » Dioa Cass. XLIIL 47. LIL <2. Suetv Oct. 25. CHAPTER III. ON THE GENERAL PRINCIPLES OF THE ROMAN CONSTITUTION AND THE RIGHTS OF THE DIFFERENT CLASSES OF PERSONS WHO FORMED THE POPULATION OF THE ROMAN EMPIRE. The Roman State, regarded as a body of men politically organised and in occupation of a certain territory, was, from the earliest period to which history or tradition extend, regulated and controlled by three powers, distinct from, but not independent of, each other. These were — 1. The voice of the citizens (^Cives) who formed the Populus Romanus, as expressed in their constitutional assemblies (Comitia.) 2. The magistrates (Llagistratus.') When we speak of the regal period, we may say, the one supreme magistrate — the King (Rex.) 3. The Senate (Senaius) or great council of state. 1. Gives. — The voice of the Cives or Populus Romanus, as expressed in their Comitia, was, according to the theory of the Roman constitution, absolutely supreme. To them belonged the Summum Imperium, and all power whatso- ever emanated from them either directly or indirectly. The chief points in which the citizens exercised their power directly were — (1.) In the enacting and repealing of laws (leges scribere.') (2.) In the election of magistrates (magistratus creare.) (3.) In the declaration of war, (bellum indicere,) and the conclusion of peace, (pacem facere.,) to which we may add — (4.) In deciding, as a court of last appeal, all matters affecting the life, personal freedom, or permanent poUtical privileges of one of their own body (de capite civis Romani iudicare.) We may observe that (3) and (4) are in reality included iu (1) ; for all questions concerning a declaration of war and the ratification of a peace, as well as those which involved the criminal impeachment of a citizen, were submitted to the people in the form of proposed laws (rogationes.') Such were the powers of the people, as recognised in the best period of their history, ^ and exercised until the complete estabUshment of the imperial govern- ment imder Tiberius. We cannot, however, suppose that these rights and privileges were fully developed, imderstood, and enforced during the ruder ages of the state, when they must have reposed much more upon traditional usage than upon -nTitten laws, and when the amoimt of power exerted by the kings, although controlled by public opinion, as in the case of the early Greek communities and of Ai-ab tribes, must have depended to a considerable extent upon the temper and talents of the individual monarch. See especially Polyb. VL 11. 80 COMITIA — MAGISTRATES — SENATE — CITIZENS. It must be observed, moreover, that the power of the people, as exercised in their Comitia, was at all times limited by two restrictions. a. The Comitia could not meet unless summoned, according to prescribed forms, by one of the higher magistrates. i. In so far as the passing of laws was concerned, no private citizen could in these assemblies originate any measiu-e whatsoever. When called together, they were asked (rogubantur) to agree to some specific proposal, hence termed generally a Eogatio, and this they could absolutely accept or absolutely reject, but they could neither change nor modify it. 2. Magistratus. — The magistrates formed the executive, being individuals chosen by, and responsible to, the citizens. To them was intrusted the duty of administering the laws and carrying into effect the orders of the people. For nearly two centuries and a-half after the foundation of the city there was one supreme magistrate, raised ftir above all others, who retained his office for life, and bore the title of Rex. But in the great revolution of A.U.C. 244, the reigning kuig was dethroned, the office abolished, and, instead of one chief magistrate, who held his power for life, two magistrates, called Co7isules, were chosen, who were upon an equality with each other, and whose period of office was limited strictly to the space of one year. By degrees, tlie various functions, discharged originaOy by the king alone and then committed to the consuls, were distributed among a number of other magistrates, new offices being instituted from time to time. 3. Senatus. — The Senate was a council of state, interposed, as it were, between the people and the magistrates. Its duty was to advise, although it could not control, the fonner, and to w^atch over and guide the latter in the performance of the duties assigned to them. To the Senate was committed the management of the public money ; and it discharged many most important ftmctions connected with the administration of public affairs, which will be described at large here- after. We have repeatedly used the words "citizens" and "Roman people" in the above remarks, and before proceeding farther it is necessary to ascertain what constituted a Romanus Civis. For this pmpose we must consider the classifi- cation of mankind adopted by the Eomans, in so far as political and social privileges were concerned. The first grand division was into (1.) Freemen, that is, persons possessed of personal freedom, (Z?6en,) and (2.) Slaves (sei'vi.^ Again, free men might be either persons born free (iixgenui) and who had never been in slavery to a Roman, or persons who had once been slaves but had been emancipated (lihertini.) Omitting, for the present, the consideration of Servi and Lihertini, who will fomr the subject of a separate section, we shall confine ourselves to Ingenui, that is, persons free and free-born, and who had never been in slavery to a Roman. Ingenui might be eitlier (1.) Romani Gives, that is, members of the Roman state, or (2.) Peregrini, that is, pereons not members of the Roman state, or (3.) Latirii, a class who occupied a sort of intermediate place between Romani Gives and Peregrini. KOMAXI CrVES. lUS CIVITATIS. The characteristic rights of Roman citizens were divided into — 1. Pnhlica lura. 2. Privata lura. The Publica lura were comprehended under the three following heads : — KIGHTS OF KOMAN CITIZENS. 81 1. lus Suffragii, the right of votmg in the popular assemblies. 2. lus Honorum, the right of being eligible to all public offices, wLetlier civil, military, or sacred. 3. lus Provocationis, the right of appealing from the magistrates to the Comitia when impeached of any crime involving life, personal freedom, or a permanent loss of political and social privileges. The Privata lura were comprehended under two heads : — 1. lus Connuhii, the right of contracting a regular marriage. 2. lus Commercii^ the right of acquiring, transferring, and holding property of all kinds according to the Roman laws. Any one who was in full enjoyment of all these rights was a Civis Optimo Jure ; and these rights, taken collectively, constituted the lus Civitatis s. lus Quiritium. ^ It is evident from what has been said in the second chapter, that, in the earliest ages of the state, the Patricians alone were Gives Optimo Jure. Tlie Plebeians did not enjoy the Jus Suffragii at all until included in the Classes of Servius Tullius. The Jus Provocationis was first bestowed upon them by the Lex Valeria^ passed B.C. 609, immediately after the expulsion of the kings; they were not admitted to the Jus Connuhii until after the passing of the Lex Canuleia in B.C. 445 ; and the Jus Honorum was not gained without many desperate straggles, which were not brought to a close until B.C. 367, when the consulship was thrown open by the Lex Licinia. Within a kw years from that date, in B.C. 337, the last civil barrier between the Patricians and tlie Plebeians was broken down by the admission of the latter to the Praetorship, and in B.C. 300, the Lex Ogulnia threw open the priesthood also.'' Mode of acquiring the lus Civitatis. — The Jus Civitatis, or, as it is veiy frequently tenned, simply Civitas, was acquh-ed in one of two ways — 1. By birth. 2. By gift. To these we might add, 3. By manumission, which we shall discuss under the head of slaves. ( Ut sit civis aut nuius sit oportet aut f actus.) ^ 1. Cives (Naii.) — The child of two persons who could contract a regular man-iage, (^iustum matrimonium.^ that is, wlio had reciprocally the Jus Con- nubiiy was by birth a Roman citizen, provided both his parents possessed the Jus Civitatis. The position occupied by the children of parents who could not contract a regular marriage, in consequence of the absence of the Jus Connuhii., will be explained fully when we treat of the law of marriage, (p. 250.) 2. Cires (Facii.) — Foreigners (^peregrini) might receive the Cbitas as a gift, {dare civitatem — donare civitate,) either individually or as members of a community. The pcwer of confeiring this gift, at the period when the Civitas belonged exclusively to the Patricians, seems to have been vested in the King, acting with the consent of the Comitia Curiata ; and the rapid increase of Rome in the earliest epoch, must be in a great measure ascribed to the liberality with which this jjift was bestowed,* numbers having been received freely into the l A distinction was drawn by the lawyers of the empire between the Inn Civitatis and the lUM Qmritiu?/! ; but it is uncertain, and of no practical importance in so far as the classical writers are concerned. _ 2 We must bear in mind that a considerable portion of the community, although unques- fionably members of the Roman state, and entitled to the appellation of Cives, were n'lt Cives Optimo iure. No youth, until he was of age to serve in the army, could exercise the Suffrage; and Roman women, although strictly Ciirs Ilomawie, were under no circuiu* •tances admitted to the lua Suffragii nor to the lija Honorum. 8 Quintil, I. O. V. JO § (io. * Uionys. L 9. Liv. IV. 4. Cic. pro. Balb. 13. a 82 CIVITAS — CIVITAS SINE SUFFEAGIO — AEEARn. ranks of the Patricians, (per cooptationem in patres,) when the parties brought an accession of strength to the community. One of the most notable examples upon record was the admission of the whole Gens Claudia, six years after the expidsion of the kings. ^ As the power of Rome extended, the privileges con- ferred by Ciuitas, became more valued, were sought with eagerness and obtamed with difficidty. It was bestowed chiefly as a reward for faithful and efficient services, sometimes on individuals, and occasionally on whole communities ; but during the more flomishing period of the commonwealth, an express law, passed regidarly by either the Tribes or the Centuries, was indispensable. ^ Towards the close of the republic, the people occasionally delegated this power to some of their favourite leaders, such as Marius and Pompeius, while Sulla and Ctesar, when they obtained unconstitutional supremacy, exercised it freely, and apparently without challenge ; ^ .but this was after the privilege had become less valuable, in consequence of the admission of all the Italian states at the close of the social war. Under the empire the power was assumed by the prince, and at length Caracalla bestowed the Civiias on all the free inhabitants of the Roman world. Civitas sine Siiffragio. Caerites. — It sometimes happened that the Civitas was bestowed upon a state, with a limitation excluding the lus Suffragii, and, as a necessary consequence, the lus Honorum. The first example of this on record was the honour confen-ed upon the inhabitants of Caere, in consequence of their having received and hospitably entertamed the Vestal Virgins and their Sacra at the time when Rome was captured by the Gauls — Primos autem municipes sine sufragii iure Caerites esse factos accepimus, concessumque illis ut civitatis Romanae honorem quidem caperent sed negotiis tamen atque oneribus vacarent pro sacris hello Gallico receplis custoditisque * — and a similar distmction was granted to the Aceirani, B.C. 332. — Romani facti Acerrani lege ah L. Papirio practore lata qua civitas sine suffragio data. ^ Aci-arii. — But although the gift of the Civitas sine Suffragio was a high compliment and a valuable privilege to the Caerites, it was, of course, a degra- dation for a civis optimo iure to be placed upon the same footing with them, since it implied the loss of an important portion of his rights. Hence, one of the modes in which the censors marked their displeasiire towards a citizen, was by omitting his name from the roll of the Tribe or Century to Vhich he belonged and entering it in a separate register. Those who in this manner were deprived of the lus Suffragii were said referri in tahidas Caeritum ; and Horace designates men of small worth as Caerite cera digni. The constitutional name for tliis class of persons was Aerarii; because, although reduced to an inferior position, they were still bound to contribute, as tax-payers, to the public treasury. The censors, when they inflicted this penalty, were technically said referre aliquem in aerarios s. viter aerarios s. in numerum aerariorum ; and on the other hand, when they reinstated an aerarius in his former position, eximere ex aerariis. ® 1 Liv. II. 16. Suet. Tib. I. 2 Dion.vs. V. 40. Liv. III. 29, IV. 4. VIII. II. Cic. pro Balb. 8. 9. 2. 3. 24. 3 See Cie. pro Balb. 8. 20. 21. and indeed the whole speech, pro Arch. 10. ad Fam. XIII. :jfi. Dion Oass. XLI. 24.. 4 Aul. Gell. XVI. 13. The Schol. Cruq. on Hor. Epp. I. vi. 62. gives a somewhat different account. Compare also Liv. V. 60. VII. 19. ■' Liv. VIII. 17. 6 The account of the aerarii given above seems to be simple and rational ; but our inform mation on this topic is sadly defective. The chief authorities are, Pseud. Ascon. in Cie divin. in Q. C. 3. Schol. Cruq in Hor. Epp. L vi. C2. Aul. GeU. XVL 13. comp. Liv. IV. 24 XXIV 18. Cic. pro Clucnt. 43. de Orat. (i6. Val. Max. IL ix. 6. 7. DEMINUTIO CAPITIS. 83 This leads us to consider generally the vai'ious ways in which the Civitas might be forfeited or impaired. Caput. Status. — The Caput of an individual, in the legal phraseology of the Romans, denoted his personal privileges as a free man, as a member of a family, and as the possessor of certain political rights ; his Status was the position i\liicli he occupied iu the community in virtue of his Caput. Hence the expressions Crimen Capitate — Indicium Capitis — Poena Capitalis do not necessarily imply a charge, a trial, or a penalty, in which the life of an individual was at stake, but one which involved the forfeitui'e or abridgment of his political and social rights. Any loss of this nature was tenned Deminutio Capitis,^ and necessarily produced Status Permutatio. The jurists distinguished three degi-ees — 1. Deminutio Capitis maxima. 2. Deminutio Capitis minor. 3. Demi- nutio Capitis minima. ^ 1. Deminutio Capitis maxima consisted in the loss of personal freedom, which implied the loss of Civitas., for a slave had no Caput and no Status. A Roman citizen might be sold into slavery for various offences connected with mili- tary discipline — for refusing to answer to his name when the consul was holding a levy ^ — for deserting to the enemy'-for mutilating himself ia mch a manner as to become incapable of serving.* Several instances occur in Roman history of Roman citizens being formally handed over by the Pater Patratus or chief of the Fetiales to an enemy, (deditio per fetiales,} in consequence of the state refusing to ratify the engagements which these persons had formed, or because they had been guilty of some breach .of public faith ;^ and thus the community at large were supposed to be relieved from the sanctity of the obligation (exsolvi religione — ut religione solvatur civitas.) '^ A citizen might also be sold into slavery for wilfuUy avoiding enrolment in the censor's books, in order to escape taxation ; ^ and, according to the laws of the XII Tables, an insolvent debtor was liable to the same penalty, ^ but this was abrogated by the Lex Poetelia. ^ When a Roman citizen was solemnly given over to an enemy by the Pater Patratus, it would appear that he forfeited his rights irrecoverably ; but if taken prisoner in the ordinary course of war, they were only suspended. So long as he remained iu the hands of the enemy he was to all intents a slave ; but if he was enabled to return home, in consequence of release or escape, he recovered his Status, by what, in legal language, was termed Postliminium or lus Post- liminii. '° 2, Deminutio Capitis minor implied loss of the Civitas., or at least of the full Civitas, without loss of personal freedom. This might happen in various ways. A Roman citizen might, in order to gain certain advantages, become a member of a Colonia Latina, or of another state, in which cases he ceased, ipso facto, to be a Roman citizen, and enjoyed, in reference to Rome, only those rights M'hich belonged to all the members of the community to which he attached himself. ^^ When a Roznan citizen wished to escape from the penalty incurred 1 Our great authority here is Gaius, I. § 159 — lfi3, see also Ulpian. Dig. IV. v. U. 2 Varro ap. Non. s.v. Nebutones et Tenebriones, p. 11. ed. Gerl. 3 Liv. Epit. LV. 4 Val. Max. VI. iii. 3. Suet. Octav. 24. « e.g. Liv. Epit. XV. XXXVIII. 42. Epit. LVI. Val. Max. VI. iii. 3. VL vi. 3. VL vi. k. 6 Cic. pro Caec. 34. de Orat. I. 40. 1 Cic. pro Caec. 34. comp. Liv. I. 44. e Aul. Cell. XX. i. 47. 9 Liv. VI IL 28. 10 Cic. Top. 8. de Orat. I 40. Dig. XLIX. xv. 5. U Cic. pro Balb. 13. pro Caec. 33. 84 DEMIXUTIO CAPITIS — IXFAMIA — IGXOMINIA. by conviction in a criminal trial or otherwise, he betook himself to some foreign country, in which case he was said mutare solum — vertere solum — ire exsulatiim — ire in exsiUum — and his return was prevented by an order of the people, prohibiting him from the use of fire and water, {aquae et ignis inter dictio,) so that he virtually forfeited all his political privileges as a Roman citizen, since he could have no opportunity of exercising them ; he did not cease, however, to be a Roman citizen, unless he procured admission into another state ; but if the interdiction was removed, {ex exsilio revocare,} he might return and resume his former position. Thus, ExsiUum is said by Cicero to be vmknown in Roman law as the name of a punishment — exsiUum enim non supplicium est sed per/u- gium portusque supplicii, nam qui volunt poenam aliquam suhterjugere aut calamitatem, eo solum vertunt, hoc est, sedem ac locum mutant — and so far it is tnie that sentence of ExsiUum was never passed ; but the going into banish- ment was a voluntary act, although followed up by measm-es which rendered absence compulsory. ^ Under the empire, however, two forms of banishment, in the ordinary acceptation of the term, were introduced, and became common. These were Relegatio and Deportatio. Relegatio consisted in simply sending away an offender from Rome to some place more or less distant, where he was compelled to remain, enjoying, however, personal freedom, and retaining his Civitas. There was in this case no aquae et ignis interdictio, and hence, probably, the position of a relegatus was nominally better than that of an exsid ; for 0\'id, when speaking of his own banislniieut to Tomi, and praising the clemency of the emperor, declares (Trist. V. xi. 21.) Ipse relegati non exsulis utitur in me Nomine Deportatio, on the other hand, although it did not reduce the criminal to the condition of a slave, was accompanied Avith personal restraint, for he ^vas usually conveyed to one of the small rocky islets off the coast of Italy, or in the Aegean, which were in reality state prisons. 3. Deminiitio Capitis minima was in no way connected with Lihertas or Cicitas, but resulted in certain cases from a cliange of family (jmitatio familiae.') Thus, a citizen who was his own master, {sui iuris,') if adopted into another fiimily, became subject to parental authority (patria potestas.') There were other procedures which involved the lowest Deminutio Capitis, some of them depending upon mere legal fictions, but these do not require notice here. Infamia. — Closely connected in its results, but not identical with Capitis Deminutio minor, was the state called Infamia. If a Roman citizen was found guilty of a crime which involved personal turpitude, {turpi iudicio damnatus,~) although the legal penalty might be only a pecuniary fine, such as theft, {fii.rtum,') wilful fraud, {dolus malus,} assault or libel, {iniuria,) of an aggra- vated description, or if he followed any disgraceful occupation, such as the jtrolcssion of an actor or of a gladiator, he became, in the eye of the law. In/amis, and incapable of holding any honourable oftice — turpi iudicio damnati omni Itonore ac dignitate privantur - — although it cannot be proved, as some celebrated scholars maintain, that he forfeited the lus Suffragii. Ignominia, again, was the result of the expressed disapprobation of the Censors, and persons wlio incurred their censure were said to be ignominia notati. This, in certain cases involved the loss of the lus Suffragii; but, as we shall explaia I ric [Pro Oaec 34. Orat. pro dom 30. t Ciu. vro CluC'Qt. 42. conip. pro bull. 31. 32. PEREGRINl. 85 fully ■when treating of the office of Censor, the effects produced were only tem- porary, while in the case of Infamia they were pennaneiit. PEREGRINI. The term Peregrinus^ with which in early times Hostis (i.e. stranger) was svnonjTnous, embraced, in its widest acceptation, every one possessed of personal freedom who was not a Civis Romanus. Generally, however, Peregrinus was not applied to all foreigners indiscrimin- ately, but to those persons only, who, althougli not Cives, were comiected with Home. Thus, during that period of the republic which preceded the organic changes introduced by the social war, the term comprehended — 1. All the free inhabitants of Italy who did not enjoy Commercium and Connubium with Rome. 2. All the free subjects of Rome in the provinces, including persons belonghi,"- by birth to foreign states, but who had settled in the dominions of Rome. 3. All the free subjects of states in alliance with Rome. 4. All Romans who had either temporarily or permanently forfeited the Civitas. Persons who belonged to states at war with Rome, or to states which had no league or connection with Rome, were not properly styled Peregrini^ but either Hostes^ or Barbaric as the case might be. After the temiination of the social war, all the inhabitants of Italy became Cives Romania and the term Peregrini was confined to those included in the last three of the above classes. Peregrini resident at Rome were incapable of exercising any political functions, and, in the eye of the law, had no civil rights. Hence — 1. They had no locus standi in a com-t of law, and could be heard only when represented by a patronus, under whose protection they had placed themselves, (cui sese applicuissent,} ' like the Clients of the early ages, who appear to have occupied, with regard to the Patricians, a position in many respects analogous to that in which, at a later period, the Peregrini stood in reference to the citizens at large. But although formally excluded from the courts in their own person, Peregrini had no difficulty, during the last two centuries of the repubhc at least, in obtaining redress for their vn-onge ; for, as we shall see hereafter, a judge (^Praetor jjeregi'iniis) and a com-t of commissioners (^Recuperatores) were appointed for the special puqjose of taking cognizance of those suits in which their interests were involved. 2. They were prohibited from wearing the Toga, the national Roman di-ess. " The object of tliis restriction was probably to prevent foreigners from fraudulently intruding themselves into the assemblies of the people and exercising the franchise. ^ 3. They could be expelled from Rome as often as seemed good to the Senate or people. * The object of this rule may have been to prevent them from taking part in any popular commotions. Peregrini dediticii, a term to which we must recur, denoted properly the inhabitants of a foreign state, who, havmg been conquered in war, surrendered at discretion. Hospitium. Hospes. — We may take this opportunity of adverting to a bond 1 Cic. de Orat. 1. 39. 2 Plin. Epp IV. 11. » Dionys. VIIT. 72. Pint. C. Gracch. 12. Appian. B.C. I. 23. « Cic. de Ofif. III. 11. Appian. I.e. 86 HOSPITES — HOSPITIUM. of union which frequently subsisted in ancient times between individuals belonging to different states, and which is so often alluded to in the classical writers that it calls for explanation. In the earlier stages of society, especially in Greece and Italy, where the population consisted of numerous independent tribes con- stantly at variance with each other, every stranger was looked upon with suspicion, as likely to prove an enemy or a spy, and even in those cases where the personal safety of a traveller was not endangered, he must have found it difficult to supply his wants or procure shelter, in consequence of the absence of all places of public entertainment. Hence, it became common for a person who was engaged in commerce, or any other occupation which might compel him to visit a foreign countiy, to form previously a connection with a citizen of that country, Avho might be ready to receive him as a friend and act as his protector. Such a connection was always strictly reciprocal. If A agi-eed to entertain and protect B when B visited A's country, then B became bound to entertain A when A ^^sited B's country. An alliance of this description was termed Hospitium, the parties who concluded it were termed Hoapites m. relation to each other, and thus the word Hospes bore a double signification, denoting, according to cii'cum- stances, either an entertainer or a guest. The obligations imposed by the cove- nant were regarded as of the most sacred character, and any treacheiy practised by one of the parties towards the other {sacra hospitii temerare) was deemed sacrilege of the worst kind, entailing rrpon the peii^etrator the direct wrath of Jupiter Hospitalis, the special guardian of these mutual duties, and then- avenger when violated. One of the parties might, however, break off and terminate the Hospitium by a solemn and public renunciation, (Jiospitium renunciare,) of which we have a curious example in Liv. XXV. 18. The leag-ue of Hospitium., when once formed, was hereditaiy, descending fi-om father to son, (paternum hospitium,} so that persons might be hospites who had not only never seen each other, but whose ancestors, for generations, might have had no direct intercourse. In order to prevent confusion, suspicion, and fraud, wlien the alliance was in the first instance concluded, the parties inter- changed tokens, by which they or their descendants might recognise each other. This token, called tessera hosjntalis, was carefully preserved ; and after any lapse of time an individual claiming the rights of Hospitium in a foreign land, sought out his Hospes and exhibited his tessera, which, if found correct, entitled him at once to the good ofhces which he required. We have an excellent illustration of the manner in which the system worked presented to us in the Poenulus of I'lautus, where a Carthaginian merchant, Hanuo by name, arrivmg at Calydon in illlolia, inquires for his Hospes., whom he had never seen — Veimm ego hospitium liic liabeo: Anthidarnae filium Quaere : commostra si novisti Agorastoclem. It happens that Agorastocles, the person sought, is actually present, and upon his making himself known, the following dialogue ensues : — ITanno. — Si ita est, tesscram Conferre si vis hospitalcm, eccam, attuli. Agor. — Agcdiun hue ostendc : est par probe : nam habeo dcniL Han. — nii hospes, salve multum 1 nam milii tuus pater, Pater tuus ergo, hospes Anthidamas fuit: Haec mihi hospitalis tessera cum illo fuit. Agok. — Ergo hie apud me hospitium tibi praebebitur Nam haud repudio hospitium. i 1 riaut. Poen. V. ii 82. HOSFITES — LATINI. 87 Hospitium appears to have been originally confined to individuals, and to have been purely a private compact for mutual convenience ; but in process of time, among both the Greeks and Komans, it became common for a state, when it desired to pay a marked compliment to any individual, to pass a resolution declarmg him the Hospes of the whole community. Such a person was termed Hospes Puhlicus. Thus, Cicero tells us (lu Verr. IV. 65.) that the Senate of Syracuse conferred this honour on his cousin Lucius — Decermmt statim ut cum L. fratre hospitium puhlice Jieret, and again (Pro Balb. 18.) Gaditard cum L. Cornelio hospitium publics fecerunt. So also the Rhodian ambassadors, in their speech to the Roman Senate, (B.C. 189. Liv. XXXVII. 54.) explain the position in which they stood towards Eumenes by stating, ciim quo uno maxime regian et privatum singulis^ et, quod magis 7ios viovet, publicum civitati nostrae hospitium est. It is almost unnecessary to point out that Hospes and Hospitium are perpetually employed in a general sense by the best writers, the former denoting a stranger, or a guest., or an entertainer., the latter the reception or entertainment of strangers or guests, or a place of entertainment or shelter, without reference to the technical meaning. So also the adjective Hospitalis. It is well known that towards the close of the kingly era, Rome stood at the head of the Latin confederation ; and although even then Connubium did not exist between Rome and the Latin states, they must have had certain reciprocal rights and privileges, amounting probably to Commercium. After Rome had ceased to be recognised as the head of the Lr.tin confederation, and an unbroken series of wars had removed all traces of ancient friendship, the various Latin towns and states, as they one by one fell under the sM'ay of Rome, were achnitted into alliance (recepti ira societatem) on terms which differed for almost every individual community. Hence, during the more floiu-ishiug epoch of the republic, the term Latini is employed merely to describe those inhabitants of Latium who were not Roman citizens, and does not denote any imiform standard of rights nor any definite political position. But after the whole of Italy had received the Civitas, at the close of the social war, the term Latini was introduced by jm-ista to denote the inhabitants of states Avho were not Roman citizens, but who enjoyed certain privileges, sliort of the full Civitas, in virtue of which they occupied a position inteiTnediate between Gives and Peregrini. What these privileges were is a question which has given rise to much discussion ; but it seems probable that they comprehended the lura Privata, tliat is the Ins Connubii and the lus Gommercii, to the exclusion of the lura Puhlica. ' The term employed to designate these rights was Iu$ Latii or Latinitas, (Cic. ad Att. xiv. 12.) or simply Latium, for Rliny (H.N. IIL 20.) mention;, certain Alpme tribes as Latio donati. The lus Latii was bestowed, soon after the social war, upon all the Trans padani, and by Vespasian upon all Spain (Plin. H.N. III. 4.) Closely connected with the subjects Avhich we have been discussing in the preceding paragi-aphs, is the political position of those towns which were desig- nated respectively by the terms Goloniae — Mwiicipia — Praefecturae, and these we shall consider in succession. 88 COLONIES. COLONIAE. 1 As the Romans ^adually extended their conquests over Italy, each state which had offered a determined resistance to their arms, was, when subjugated, generally deprived of a portion of its territory. A part of the territory thus acquired was usually retained, under the administration of the Senate, as a source of revenue, and another portion was frequently divided among the poorer Roman citizens, who quitted Rome, established themselves in the chief tomi of the conquered country, and took possession, as cultivators, (whence the name colonL') of the land assigned to them. A settlement of this kind was called a Colonia^ and these being spread every where over the conquered districts, answered many important purposes. They served to keep the vanquished races in check, and were in reality so many pennanent posts of occupation, or, as Li\'y and Cicero term them, garrisons, fortifications, and M^atch towers {praesidia — propiignacula — speculae.) They, at the same time, tended to diffuse widely the language, laws and institutions of Rome, and to pave the way for a general amalgamation. They were excellent nurseries for hardy and well trained soldiers, and, finally, they provided an outlet for the more needy portion of a rapidly increasing popidation. Indeed, in later times, after Italy and Cisalpine Gaid iiad been completely subdued, colonies were very frequently formed with no other object than to make a provision for a poor and discontented populace ; and on many occasions, when there was no newly acquired territory available, a portion of the Ager Publicus, or land which was the property of the state, was given up. To this part of the subject we shall return when treating of the Agrarian Laws. When it had been resolved to plant a colony, (coloiiiam dediicere,) a law was passed in accordance with a resolution of the Senate, (ex senatus consulto,^ fixing the quantity of land to be set apart, and the manner in which it was to be divided. This law served as the foundation charter, (formula,^ and specified, among other matters, the burdens to be borne by the colonists, and especially the contingent of troops which they were to become bound to furnish. At the same time, commissioners, (curatores,) two or more in number {duumviri, triumviri agrodando — coloniae deduceiidae agroque dividundo,) were nominated to lead forth the settlers, and to make all the arangements necessary for carrying into effect the provisions of the law. These were generally persons of high standing; they were elected by the people in the Comitia, and their ofiice lasted for three and sometimes for five years, ^ during which period they exercised supreme juris- diction. Those who were desirous to join the settlement were invited to give in their names, {dare nomina,) and when the list was filled up and all the preliminaries arranged, the whole body marched I'orth in military array, with colours flying, (xub vexillo,) ^ to take possession of then new homes. When no city or fortified place already existed which they could occupy, a new town was founded with all the solemnities aheady described ; (p. 4 ;) and one of the most common devices upon colonial coins is a representation of the founder tracing out the walls or the boundaries of the city with the plough. 1 Consult ^i/jONins, De Antique iure Italiae, in the Thesaurus of Graevius; Hktne, Opuscula, Tom. I. p. 290. Tora. II L p 79; Madvig, De coloniarum PR iure et conditione. In his Opuscula Acadcmica; and Rein, s.v. Colonia, in the Eiicyclopaudie dor Alther- tbumswisspnschaft. J Liv XXXII. 29. XXXIV. 53 Cic. de leg. agr. II. U. 13. 8 Cio. Phil. II. 40. de leg. agr. II. 3-'. C0L0NIE5. 89 Colonies, in so far as their political privileges were concerned, were divided into two classes — 1. Coloniae civium Romanonim. 2. Coloniae Latinae. 1. Coloniae civium Romanonim consisted exclusively of Eoman citizens (coloni ah iirhe missi) who retained all their rights and privileges. The colonies first planted were of this description, such as Velitrae and Lavici — Volscis devictis Veliternns ager ademtus: Velitras coloni ah urhe missi et colonia deducta. (Liv. II. 31.) Senatus censuit frequens coloniam Lavicos deducendam: coloni ah urhe mille et quingenti missi hina iugera acceperunt. (Liv. IV. 47.) The Coloniae Maritimae belonged to this class, being colonies of Roman citizens, and were distinguished only by then" position on the sea coast, and by some peculiar exemptions which the inhabitants (coloni maritimi) enjoyed or claimed. (Xiv. XXVII. 38. XXXVL 3.) Ostia, Antium, Anxur, Mintumae, Sinuessa, and several others were maritime colonies. 2. Coloniae Latinae consisted of a mixed body of Romans and members of some of the Latin states. In this case, the Roman citizens who joined such a community suflfered a dejninutio capitis, and lost the full civitas; for these colonies had only Commercium and Connuhium with Rome, but not Siiffragium. ^ Bononia was a colony of this description — Eodem anno [B.C. 189.] a. d. III. Kal. Ian. Bononiam Latinam coloniam ex senatus consulto L. Valerius Flaccus, M. Atilius Serranus, L. Valerius Tappus triumviri deduxerunt: tria milUa Iwminum sunt deducta: equitihus septuagena iugera, ceteris colonis quinquagena sunt data. Ager captus de Gallis Boiis fuerat: Galli Tuscos expulerant. (Liv. XXXVII. 57.) Both alike had a regular government for the admmistration of justice, and the regulation of their internal affaks, which was an imitation, on a small scale, of the government at Rome — (effigies parvae simulacraque popidi Romani — Aul. Gell. XVI. 13.) They had a senate, the members of which were termed Decurioncs or Senatores. Their chief magistrates, usually two in number, but sometimes four, and hence styled Duumviri or Quatuorviri, were elected annually by the colonists, and might be regarded as representing the consuls of the republic, and, in fact, were in some colonies designated Consules, and in others Praetores. There were also various subordinate magistrates, such as Quin- quennales, corresponding to Censors ; Aediles, Quaestores, and others. Not only their laws but their sacred rites were those of Rome, and therefore the ministers of religion were Pontijices, Flamines and Augures, as in the mother city — lura institutaque omnia populi Piomani non sui arbitrii hahent. (Aul. Gell. XVI. 13.) When a colony was established in a town akeady existing, the population must have consisted of two distinct classes. 1. The new coloni. 2. The old inhabitants. How far the latter sliared the privileges of the former it is impossible to determine ; but we cannot doubt that they occupied an inferior position, and were compelled to exchange their own laws and mstitutions for those of tlieir rulers. In process of time, however, a certain degree of fusion would take place, and in some cases we find that the union became so close that the combined population revolted and attempted to throw oif the Roman yoke. (Liv. VIII. 14.) After the termination of the social war and the passing of the Lex lulia and the Lex Plautia Papiria, the distinctions between the Coloniae civium Rom- anorum and the Coloniae Latinae, as well as any inequaUty in the social and 1 Cic. pro Caec. 33. Orat. pro dom. 30. Liv. XXXIV. 42. 53. XXXV. 9. XXXIX. 55. 90 COLONIES — JirXlCITIA. political position of the different races in the same colony, were completely removed, in so far as Italy was concerned, and all alike were admitted to a fnll participation in tlie riglits and privileges of Koman citizens, and the same advantages were gradually extended to the colonies in the provinces, until, by the edict of Cai-acalla, the fidl Cicilas was bestowed on all the free inhabitants of the Roman empire. Coloniae Militarex. — Although the colonies described above were highly gerviceable in a military poijit of view, they differed in their origin from the Coloniae Mililarcs^ which were composed enth-ely of veterans, Mho received allotments of land as a reward for then- services. The first example of a colony of tliis descrij)tion was the grant to the soldiers who, imder the command of Scipio, brought the second Punic war to a happy conclusion ; but the practice did not become common until towards the close of the republic, from which time lorward it was tlie ordinary mode of providing for the legionaries whose period of service had expired (Tacit. Ann. I. 17. XIV. 27.) Tlie oppression and misery to which these distributions gave rise dm'uig the civil wars of Marius, Sulla, Cajsar, and the Triumvirs, are familiar to every reader of history ; and the doMiifal of the republic was certainly hastened by the estrangement of Pompeius from the Senate, caused by the opposition which they offered to his scheme of dividing the public land iu Campania among the soldiers who had served mider his command in the East. After the accession of Augustus, the military colonies were planted in the provinces as a matter of necessity, and not unfi-equently on the disturbed frontiers as a matter of poUcy. Finally, it is to be remarked, that imdcr the empire, various provincial towns were pennitted, as a mark of fovour, to style themselves Coloniae, the word, when thus employed, being merely a compUmeutary title. MUIflCIPIA, ^ JIany towns in Italy, especially in the immediate vicinity of Rome, formed, at a very early period, an alliance with Rome, upon terais of perfect equality ; {foedus aequwn;') many otlicrs submitted to the Roman arms witliout a struggle, or yielded after a slight resistance, or succeeded after a protracted contest, in securing an honourable treaty. The whole of these were comprehended imder the general name of Municipia, and their iniiabitants were designated as Municipes, words compoimded of JMunia and Capere. Two characteristics were common to ail Municipia — 1. The inhabitants of a 3funicipium, if they came to reside at Rome, were liable to the same obhgations and burdens Qnunia) as ordinary Roman citizens, and hence the name. 2. The Municipes themselves administered the internal affairs of their own town. Eventually, all the states of Italy which were not absolutely annihilated in war, (jr lieid in check by colonies, or actually incorporated witii and swallowed up by Rome, so as to lose all independent existence, (such as Ai-icia — Caere — Aiiagiiia.) entered into an alliance (foedus) of some sort with Rome. The terms of this league would necessarily vary according to the cii'cumstances of each 1 Oonoult DiKKsKnDUS factus esset, in hanc ciintatem venire. And again — Ipsa denique Julia, qua lege civitas est Sociis et Latinis data, QUI FUNDI populi facti non essent, civitatem nan haberent. In quo magna cordentio Heracliensium et Neapolitanorum fuit, cum magna pars in lis civitatibus foederis sui libertatem civitati anteferret. * PRAKFECTUKAE. * Tlie characteristic of a Praefectura, from which it received its name, and by which it was distinguished from an ordinary Colonia or Mimicijyium, was, that tlie chief magistrate was not chosen by the citizens of the town, but that a I'uAEFECTUs iuri dicundo "svas sent annually from Rome to administer justice — a circumstance which seems to indicate that in such towns Roman law waa employed exclusively, since a Roman officer, appointed annually, could scarcely have been qualified to decide controversies according to the principles and practice of a provincial code. The definition given by Festus is clear and satisfactory — Praefecturae cae appellabuntur in Italia in quibus et ins dicebatur et nundinae agebantur et erat qnaedam earum res publico, neque tamen magistratus suos hibebant : in quas his hgibus pracfccti mittebantur quotannis qui ins dicerent. ' ("onsequenlly, all towns in Italy which did not enjoy the privilege of electing their own magistrates and adininistcriug their own affairs, would fall under the liead of Praefecturae. 15ut although this seems unquestionable, there appears to 1 Sc« particularly Liv. IX. •IS. iH. •-' Olc. In Pison. 23 Pliilipp. XlII 8. Tacit. Hist. III. 34, Cacs B.C. III. 22. 3 These jirovinciul Municipia were unl * II. .r 8 II. vil. 41. Kpp. II Ii f), Coliimell U.K. III. 3 ♦ Juv. «. V. &C. XL 14J. Murlial. 111. (ii. XL 70. I'lin. U.N. VIL 12. SIAVKS. 97 Number of SInvcs. — In tlie days of primitive simplicity, the number of slaves possessed even by the wealthy was exceedingly small, and individuals of distinction had frequently not more than two or three to provide for their wants. '■ At this period also, the great majority of agricultural labourers were freemen, and all ordinary trades were plied by Roman citizens. Before the passing of the Licinian Rogations, however, (B.C. BG7,) slave labour began to preponderate in the country, an evil which went on increasing, notwithstanding the eflbrts made to remedy it, until, in the seventh century of the city, the estates of extensive landowners were tilled almost exclusively by slaves ; and before the close of the republic, few citizens would submit to the degradation of practising any handi- craft. ^ By degrees it was reckoned discreditable and mean for any one in easy circumstances to be scantily provided with personal attendants ; the division of labour in the houses of men of moderate means was as great as in India at the present day, while the throngs maintained by the rich (^familiarum numerum et nationes) were multiplied to an extent which almost transcends belief ; those occupied in the same departments being so numerous that it was, in many cases, necessary to divide them into Decuriae. ^ The obstinate and bloody wars in Sicily, (B.C. 135-132, B.C. 103-99,) in the latter of which a million of slaves is said to have perished ; and the struggle with Spartacus in Italy, (B.C. 73-71,) in which 60,000 fell along with their leader when he was finally defeated by Crassus, bear evidence to tlie multitudes which must have been employed in rural aifairs. As to the numbers employed in one Familia for domestic purposes, it is impossible to speak generally — they must have varied within such very wide limits. When Horace wrote, ten and two hundred were regarded as the opposite extremes of a small and a large establish- ment ; for a Praetor to travel to his country house with a retinue of five only, was a mark of sordid parsimony. The household of Pedanius Secundus, prefect of the city, under Nero, contained 400 ; Scaurus is said to have had 4000 ; and C. Caecilius Claudius Isidorus, a fi-eedman, whose fortune had suffered much during the civil wars, left behind him at his death, during the reign of Augustus, 4116. A large portion of the enormous wealth of Crassus consisted of slaves ; but of these, many were artizans, whose labour yielded a highly profitable return, his architects and masons alone amounting to 500. * Classification of Slaves.— The whole body of slaves belonging to one master was usually classed under two heads : — 1. Familia Rusiica, the slaves who lived upon the country estates of their master, and were employed in the cultivation of the soil, or in tending flocks and herds. 2. Familia Urhana., the slaves employed for domestic purposes. The Familia Riistica was again separated into two divisions — Servi Vincti and Servi Soluti. The former consisted of those who, as a punishment for refractory conduct, or in consequence of then- barbarous habits and savage temper, were compelled to work in chains (compede vincti) while abroad, and were kept confined, when at home, in a sort of underground prison, termed Ergastulum. The Servi Soluti, on the other hand, were not placed under any personal restraint. The whole of the Familia Rustica, Servi Soluti and Servi Vincti alike, were under the superintendence of a steward or manager, termed 1 Plin. H.N. XXXIII. 1. Apulei. Apolop. 430. 2 Appian. B.C. I. 7— 10. Suet. Jul. 42. Cic. de Off. I. 42. 3 Petron. 47. 4 Hor. S. 1. iii. 11. vi. 107. Tacit. Ann. IIL 53. XIV. 43. Plin. E.N. XXXIIL 10. Plut. Crass. 2, 98 SLA^•ES. Villicus or Actor, with whom, in large establisiimeiits, a book-keeper, called Procurator^ was freqiiently associated ; the Villicus and the Procurator being themselves, for the most part, slaves or freedmen. The Familia Urbana also was separated into two divisions — Ordinarii and Vulgares, or upper and imder slaves. ^ The Ordinarii comprehended all slaves who held offices of trust and responsi- bility in the establishment. Most of these had sub-slaves, (vicarii,) who formed part of their peculium, or assistants placed under their orders by the master of the house. The general term for those who took chaj'ge of particular departments in the household was Procuratores, among whom we reckon the cashier (^Dis- pensator.)- — the house-steward and butler (^Cellarius s. Promus, called by rlautus, C'ondus Promus and Procurator Pent) ^ — the groom of the chambers, {Atriensis,} and the Decuriones of tlie different Decuriae, into which the under slaves wlio performed particular duties were distributed ; as, for example, the Decurio CuMcidariorum and the Decurio Ostiariorum. * To the Ordinarii belonged also the highly educated slaves, (^Literati,') among whom were the reader, (^Anagnostes s. Lector,) ^ — the copying-clerk, {Lihrarius s. Scriba,) and many others, who were named Servi ab epistolis — a manu — a bibliothecis — a studils, &c. according to the duties which they executed. The Vulgar es were the menials of the household, such as the Hall-porter (Janitor) and other Doorkeepers, (Ostiarii,) — Chamber-men, (Cubicularii,') who cleaned out and attended upon the different apartments, — Footmen, (JPedi- seqici,) — Palanquin-bearers, (^Lecticarii,) — Rimning-footmen to clear the way, (A)ileambulone$,) — Couriers, (Tahellarii,) while, in the cuhnary department, there were Cooks, {Coqui,) — Bakers, (Pistores,) — Confectioners, (^Dulciarii,) — • Cancers, (Carptores s. Structores s. Scissores,) and a host of others. Mediastini, '^ who were to be fovuid in the Familia Rustica as well as in the Familia Urbana, seem to have been common drudges, scullions and servants- of-all-work, who had no special duties, but performed the lowest offices ; and the Quales-quales, mentioned by Ulpian in the Digest, must have been something of the same sort. ' There were very many slaves who cannot be conveniently included in the above classes, such as Familia Gladiutoria, the prize-fighters, of whom vast numbers were trained for the amphitheSitre, both by the rich, for the sake of ostentation, and by speculators, as a source of profit — Medici and their assistants, (iatraliptae,) who sometimes were merely house physicians, and sometimea gained large sums by general practice — Opljices, skilled artizans of all descrip- tions, whose earnings, Avhen they worked for the public, belonged to their master — Ludiones, stage-players, who were let out on hire to those 'who exhibited theatrical shows ; and many others, generally kept for the private amusement of the owner, such as Choristers (Cantores,) — Musicians, {Symphoniaci,) ^ — Dancing-girls, (Saltatrices,) — Merry-Andrews, {JMoriones,) " — male and female dwarfs, (Nani, Nanae; Pumiliones,) and, strangest of all, idiots of both sexea (Fatui, Fatuae.) ^^ 1 Digest. XI,VII. X. 15. a Cic. de K. V. 3. ad. Att. XI. 1. Suet. Galb. !2. Vesp. 22. Juv. S. I. 01. '•> Plaut. Pseud. II. ii. 13 < .Suet. Doin. 17. see Oreni. C I. No. 2i»7l. « Corn. Nep. Att. 16. Plin. Epp. III. :,. « Cic. in Cat. II. 3. Columell. R. K. I. 9. II. 13. Hor. Epp. I. xiv. 14. 7 Digest. XLVII. X. 15. I* Cic pro Mil. 21. Senec. Epp. 54. Petron. 33. 47. » .M.irtial. VIII. 13. 10 beuec. Kpp. SO. SLAVES. 99 Vernae, as we have noticed above, were the slaves bom in the house of their master — the children of his female slaves. Being trained from infancy, they naturally were particularly expert in the discharge of then- functions, were generally treated with greater kindness and familiarity than others, and hence their sauciness became proverbial. ^ Dress and Foot! of Slaves. — Perecjrini being forbidden to appear- in the Toga^ the prohibition, a fortiori, extended to slaves also ; and Ancillae were not allowed to assume the Stola, which was characteristic of the Roman matrons. Slaves, however, had no distinctive dress until the age of Alexander Scverus ; and a proposal made in the Senate, at an earlier period, to establish some badge of servitude, was rejected as dangerous, since it would have enabled the persons who bore it to form an estimate of their own munbers and strength. ^ The absence of the Toga would excite no attention, for this garment could not be worn by any class of persons engaged in manual labom* ; and, consequently, slaves, m this respect, did not differ from the humbler citizens, the tunicatus popellus of Horace (Epp. I. vii. 65.) Each slave received a certain allowance, consisting of com or bread, (cibaria,) wine, (viniim^) and something to give a relish to the farinaceous food, (pidmen- tarium,) usually olives or salt fish (halec.) This allowance, in consequence of being measured out, was tenned Demensum ; and according as the distribution took place daily or monthly, it was called Diarium or Menstruum. The precise quantity and quality of each ai'ticle of food and raiment to be supplied to slaves in the country are minutely detailed by the ^vl•iters on agriculture. ^ With regard to the condition of town slaves, in this respect, our information is not so precise. Donatus says, that the ordinary allowance of com per month was four modii ; and Seneca mentions, that a slave stage-player received five modii of grain and five denarii in money. By saving a portion of these allowances, slaves were some- times enabled to accumulate a pecuUum, sufficient to purchase their freedom — Peculium suum quod comparaverunt ventre fraudato, pro capite numerant. ^ Punishnients inflicted upon Slaves. — These depended entirely upon the caprice of the master — were of many different kinds, and were often diversified with savage ingenuity. One of the mildest was the transference of a slave from the Familia Urbana to the Familia Rustica, in which he was allowed less freedom, enjoyed fewer luxmies, and performed more severe laboiu-. When the offence was of a serious character, the culprit was not only sent to the coimtry, but was placed among the Servi vincti, and compelled to work in chains in the fields, or to grind corn in the bakehouse, (ferratus in pistrino — praeferratus apud molds — irrlgatum plagis pistori dabo^) or to toil in stone quarries (ibis porro in latomias lapidarias.) ^ The most common infliction for trifling transgressions, was the lash, which was unsparingly applied, and to increase the effect, the sufferer -svas sometimes hung up by the hands and weights attached to his feet. ^ The flogging of slaves, which, in large establishments, was performed by a regular body of scom-gers, (lorarii,) affords an inexhaustible theme for jests in the comic writers ; and the vocabulary of Plautus and Terence is peculiarly rich in terms connected with this species of domestic disciplme. One of the ordinary epithets of reproach applied to one who had been repeatedly 1 Hor. S. II. vi. 66. Epp. II. ii. 6. Martial. I. 42. X. 3. Senee. de Prov. 1. 2 Senec. de clem. I 24. 3 See especially Cato de R. R. S6— 59. * Senec. Epp I. 21 80. Terent. Phorm. I. i. 9. and Donat. ad. loc. 6 Plaut. Bacch. IV. \i. 11. Pers. II. lii. 17. Epid. I. ii. 17. Capt. IIL v. C3. '^ Plaut. Asin. II. ii. 31. Most. V. ii. 45. Trin, II. i. 19. Terent. Phorm. I. iv. 42. 100 SLAVES. admonished by the lash is Verhero (or Verhereum Caput or Verberea Statua ;) but in addition to this, \vc meet with Mastigia — Ulmitriba — Flagitriba — Plag'itriha — Plagipatida — Placiigendus — Ulmorinn Acheruns — Gymnasium flagri — Virgarurn lascivia^ and a multitude of others. A heavy collar of wood, shaped hke the letter V, and hence termed Furca, was frequently attached to the necks of offenders, who were compelled to bear it about from place to place, and were sometimes scourged as they moved painfully along (caesus virgis sub furca.) One to whom this kind of torture had been applied, was jeeringly addressed as Furcifer. Runaways (fagitivi) and thieves were usually branded (notati) with a red hot iron, and were styled Inscripti — Inscripta Ergaslula^ or, jestingly, Literati^ because the letters F V R were often imprint.ed indelibly upon theii- persons, and hence the taunting address — Tune trium litekarum homo me vituperas? i.e. thief that thou art. When slaves were capitally punished, crucifixion was the death specially reserved for them. In Rome, the execution took place outside of the Porta Esquilina, and the offender carried his cross througli the streets, with his arma attached to the transverse beam, (patibulum,) while the executioners goaded him on, thus, Plautus (Mil. II. iv. 6.) Credo ego istoc exemplo tibi esse eundum actutum extra port am Dispessis manibus patibulum cum habebis 2 When the master of a family was murdered in his own house, either by one of his own slaves, or by a person unconnected with the establishment, or by an unknown assassin, the whole of the slaves who were in the mansion at the time the murder was pei-petrated were put to death. A remarkable example of the rigorous enforcement of this ancient law took place dm'ing the reign of Nero, when four hundred slaves were executed, in consequence of the murder of their master, Pedanius Secundus, prefect of the city. ^ Finally, we may remark, that when slaves were examined judicially, in a criminal trial, they were always inten'ogated under torture. Liiberation of Slaves. — The release of a slave from slavery (nianumissio) might be effected by his master, regularly, in three ways. * 1. Vindicta. — This was the most ancient and the most formal mode, and was essentially a public acknowledgment in court on the part of the master, that the slave was free. The master appeared with his slave before one of the higher magistrates, usually the Praetor, and a third person came forward, laid a rod called Virga s. Festuca s. Vindicta upon the head of the slave, and claimed him as a free man, in the set fonn, Hunc ego hominem Uberuin esse aio. The master laid hold of the slave, and timiing him round, replied, Himc hominem liberum esse volo, gave him a slight blow upon the cheek (alapa') and let him go {emittebat emn e manu.') The magistrate then pronounced him free, by giving judgment in favour of the claimant, (addicebat^) and the ceremony was complete. The Lictor of the magistrate usually, in later times at least. 1 Martial. VIIL 75. Juv. XIV. 24. Plaut. Cas. II. vi. 49. Aul. II. iy. 46. 2Plaut. Mil. II. iv. 19. Most. I. i. o2. Tacit. Ann. II. 3i. Senec. Epp. 101. Some com. ment!itor.s suppose that in the above and similar passages where the paliliulum is mentioned, the punishment of the furca only is indicated ; but this certainly does not hold good penerally. A curious enumeration of a vast variety of slave punishments will be found in Plaut. Asin. 111. ii, !. seqq. 3 Tacit. Ann. XIV. 42. XIII. 32. comp. Cic. ad. Fam. IV. 12. * Cic. Top. 2. pro Caec. -31. Schol. Cruq. ad. Hor S. II. vii. 76. Gaius. L J 17. Ulpian. frag. L9. » f MANUMISSION — LIBEKTESn. 101 acted as the claimant (assertor) who asserted the freedom of the slave (yindicatio Hberali causa.) ^ 2. Censu. — If the master applied to the Censor to enrol his slave as a Civi% the slave became free as soon as the entry was made. 3. Testamenlo. — A master might, by his will, either bestow freedom at once (directo) on a slave, or he might instract his heir to manumit the slave. In the latter case, tlie freedom was said to be granted ])er fideicommissum. Some- times freedom was bequeathed, subject to the performance of certain conditions, {carta conditione p7-oposUa,) and on these conditions being fidfilled, the slave became free, and was termed statu liber. liiberiinus. l^ibcrtua. Pali-onus. — Manumission, completed according to any of these three methods, was Justa et legitima .]\Ia7iumissio, and the freedom thus acquired, Justa Libertas. The liberated slave was now termed Libertinus when described in reference to his social position, but Libertus when spoken of in connection with his former master, who was now no longer his Dominus, but his Patronus. Thus, a liberated slave was called Homo Liber- tinus; but Libertus Caesaris, Pompeii, Ciceronis, &c. — never Libertinus Oaesaris, &c. nor Libertus Homo. The relation which existed between the Patronus and his Libertus resembled very closely the ancient tie of Patron and Client. The freedman was required to pay a certain degree of respect, and to perform certain duties to his patron, (obseqnium praestare,) and this respect and these duties appear, under the republic, tc have been seldom Avithheld or neglected. ^ But examples of ingra- titude and insolence on the part of freedmen towards their patrons became, under the empire, so frequent and flagrant, that laws were passed rendering such conduct penal, and the punishment extended, in some cases, to the cancellmg of the manumission. ^ A slave freed directo by will, having no living Patronus, was called Libertus Orcinus ; but when freed per fideicommissum he became the freedman of the person by whom he was actually manumitted. One whose freedom depended upon the performance of certain conditions was, until these conditions were fiiltilled, called Libertus futurus. * i^ramcs of lL.ibertiiii. — A Libertinus usually received the Praenomen and Nomen of his former master, the appellation by which he had been previously distinguished being added as a Cognomen. Of this practice we have examples ill such names as M. Terentius Afer, M. Tullius Tiro, L. Cornelius Chryso- gonus. When a public slave was liberated, it would seem that he adopted the name of the magistrate before whom his manumission took place. The Praenomen marlsed the Status of the individual at once as a Roman citizen possessed of Caput, (see above p. 83,) and hence, newly made Libertini were especially flattered when addressed by then* Praenomen (gaudent Praenomine molles auriculae.) ^ With regard to the Nomen, it must not be supposed that a Libertinus, altliough nominally belonging to the Gens of his Patron, was admitted, in ancient times at least, to all the privileges of a Gentilis. Cap of Liibcrty. — As sooii as a slave received his freedom he shaved his head and put on a conical cap, called Pileus; the right of wearing such a covering 1 Liv. II. 5. XLI. 9. Plaut. Mil IV. i. 15. Phaedr. II. 5. Hor. S. II. vii. 76. Pers. S. V. 88. 175. Gaius IV. § IG. 2 Cic. ad Q F. I. i. 4. Digest. IT. iv. 4. XXXVIII. i. 7. § 2. § 3. ii. !. J Suet. Claud. 2,'j Tacit. Ann. XIII. 26. Lactant. De I'er. Sup. IV. 3. Digest. I. xvi. 9 XXV. iii. fi. XXXVII. xiv. 1. * Gaius II. § 2-2e. Ulpian. frag. II. 8. Orelli. C. I. No. 2980. 500ft « Hor. S. II. V. 32. comp. Pers. V. 79. 102 LIBERTDfl. being a distinctive mark of a free citizen. Hence the phrases, servos ad pileum vocare — pilenm capere — Jiesterni capite induto Quirites, and hence the idea of a cap as an emblem of freedom both in ancient and modern times. Sometimes a wreath of white wool was substituted for the Plleus. ^ Political Condition of r.iberting. — From the time of Servius Tullius ^ until the close of the republic, Lihertini, whose manumission had been completed according to any one of tlie three regidar forms, became invested with tlie rights and privileges appertaining to members of the Plebeian order, and, as such, were enrolled in a tribe. They were originally confined to the foiu: city Tribes; but in the censorship of Appius Claudius, B.C. 312, ui common with the humbler portion of the community, were dispersed among all the Tribes indifferently ; and although the arrangements of Appius were overthrown in B.C. 304, by Q. Fabius Ridlianus, we find it stated, that about eighty years aftenrards, (B.C. 220,) — Libertini in quatuor trihus redacti sunt, quum antea d'lspersi per omnes fuissent : EsquUinam, Palatinam, Suburanam, ColUnam. Finally, in B.C. 169, it was determined that all Libertini should be enrolled in one only of the city Tribes, to be determined by lot, and the lot fell upon the Tribus Esquilina. This state of things remained unaltered until the close of the republic, at least we have no account of any farther change. ^ The right of granting manumission remained unlimited until the age of Augustus, when the disorders arising from the multitude of disreputable and worthless characters turned loose upon the commimity, in the fuU enjoyment of the Civitas, rendered some legisla- tive enactment imperative. Accordingly, by the Lex Aelia Sentia, passed A.D. 4, the following restrictions were introduced upon Manumissio per Vindictam, * 1. Any slave who had been convicted of a serious crime and punished as a malefactor, or who had been trained as a gladiator, was not, if manumitted, admitted to the rights of a Roman citizen, but was placed in the same class with Peregrini dediticii — (see above, p. 85.) 2. A slave, if imder the age of thu-ty when manumitted, or any slave manu- mitted by a master who was under the age of twenty, was not admitted to the full rights of citizenship, miless the reasons assigned for the manumission were considered satisfactory (iusta causa approbata) by a board (consilium) appointed for the purpose of considering such cases. Again, by the Lex Furia Caninia, passed A.D. 8, a master was prohibited from manumitting Per Testamentum more than a certain proportion of the whole number of his slaves — one half, if he possessed not more than ten — one third, if not more than thirty — one fourth, if not more than a hundred — one fifth if not more than five hundred ; but in no case was the total number manumitted to exceed one himdred. No restriction was placed upon manumission Per Censiim, because that could not be effected without the direct concurrence of the government. Social Condition of liibcrtini. — Although Libertini, imder the republic, were nominally invested with all the rights and privileges of Roman citizens, tliey were virtually, by the force of public opinion and feeling, excluded from all high and honourable offices in the state. Not only the Libertinus himself, but his descendants, for several generations, were looked down upon as inferiors by 1 Plaut. Amphit. 1. i. 306. Liv. XXIV. 16. XLV. 44. Pers. S. IIL 106. Non. s.v. Qui Ithen, p. 301. cd. Gerl. 2 Dionys. IV. 22—24. 3 Dionys. IV. 22. Liv. IX. 46. Epit. XX. XLV. 1.5. Val. Max. II. ii. a. The evidence afforded by these passages overpowers the assertion of Plut. Popl. 7. , * '',=""' ', 5 '^ § '»— 20- § 38. § 4t Ulpian. fragra. I. 11— 13. Suet. Octav. 40. Dion Cass. L V . 1 J. L V I. 33. LIBERTINI. 103 those who had no taint of servile blood. We shall have occasion to point out hereafter, that Ingenuitas, for two generations at least, was considered an mdis- pensable qualification in a candidate for the office of Tribune of the Plebs, and we cannot doubt that this rule applied to all the higher magistracies. Appius Claudius, when Censor, (B.C. 312,) was the first who " jwlluted" the Senate by admitting the sons of Libertini ; {senatum primus lihertinorum JUiis lectis inquinaverat ;) ' but although public indignation was so strong that the consuls were borne out when they refused to ^acknowledge the persons so nominated, yet it is nowhere hinted that Appius violated any law in making such a choice. During the disorders produced by the civil wars, the Senate became crowded with Libertini ; and the satirists always speak with special bitterness of the wealth and influence enjoyed by the favourite Liberti of the early emperors. Under the empire, also, the Status of Ingenuitas was sometimes bestowed upon Libertini by a special grant. ^ It would appear that the marriage of an Ingenuus with a Lihertina entailed Ignomirda (see above, p. 84,) on the former ; for among the various rewards bestowed upon Ilispala Fecenia, the Libertiua who, in B.C. 186, gave infonnation with regard to the excesses pi'actised in the Bacchanalian orgies, it was decreed — Uti ei ingenuo nubere Uceret: neu quid ei, qui earn duxisset, 6b id fraudi ignominiaeve esset (Liv, XXXIX. 19.) luformal Manumission. — In addition to the regular and legally recognised forms of manumission, a slave might be liberated in vaiious ways, by the mere expression of a Avish to that effect on the part of his master ; but in this case his position was less secure. Thus we hear of Manumissio irder amicos s. Libertas inter amicos data, when a master, in the presence of his friends, pronoxmced his slave free — Manumissio per epistolam, when, being at a distance, he wrote a letter to that effect — Manumissio per mensam, when he permitted his slave to Bit at table with him. A slave who was able to prove any one of these acts on the part of his master, could, by an appeal to the Praetor, resist any attempt to bring him back to slavery. His position, however, was dubious. He was said in lihertate morari or in libertatis forma servari; and any property which he might accumulate' belonged of right to his Patron. The political privileges of such persons was first defined by the Lex lunia Norbana, passed about A.D. 19, which bestowed upon all slaves ii-regularly manumitted the Jus Latii, (see above, p. 87,) and hence the name Latini luniani, by which they are sometimes designated. A slave liberated in an irregular manner, might be again manimiitted according to one of the thi-ee regulai" methods ; and this process, termed iteratio, conferred full citizenship upon a Latiuus lunianvs. nianniuission of Slaves by the State. — The slate itself occasionally bestowed freedom upon slaves, as a recompense for long service, or for some signal benefit conferred on the community, such as giving information against conspirators or the perpetrators of heinous crimes ; and if such slaves were not public property, {servi publici,) they were purchased with the public money from their masters. ^ One of the most remarkable examples of manumission by the state, on a lai-ge scale, is to be found in the case of the Volones, that is, the slaves who, to the number of 8000, volunteered to serve as soldiers during the second Punic war, and who received their freedom after the battle of Beneventum, (B.C. 214,) as a reward for their efficient bravery. * 1 Liv. IX. 46. comp. Cic. pro Cluent. 47. Suet. Claud. 24. Dion Cass. XL. 63. XLIII. 47. 2 Dion Cass. XLVIIL 45. Appian. BO. V. 80. 3 Liv. IV. 45. XXU. 33. XXVI. 27. XXVU. 3. XXXII. 26. Cic. pro Balb. 9. pro Eabir. perd. reo. 11. 4 Liv. XXIL 57. XXIV, 14—16. XXV. 20. 22. XXVII. sa CHAPTER IV. THE COMITIA.» We stated, at the commencement of the precedhig chapter, that, according to the theory of the Roman constitution, all power proceeded from the voice of the citizens, as expressed in their constitutional assemblies, called Comitia — that no magistrate could be elected, no law enacted, no Eoman citizen tried for a criminal offence, except by these assemblies. The citizens, however, could not lawfully assemble for the discharge of these duties, nor for any political purpose, except when formally summoned by a civil magistrate. They might be caUed together by a magistrate for one of two purposes. ^ 1. For the puqjose of being addressed upon some matter of public interest, without any proposition being submitted to them upon which they were required to vote. In this case the assembly was called Concio. 2. For the purpose of having some proposition submitted to them, which they were required to accept or to reject by their votes. In this case the assembly was called, Comitia^ or anciently Comidatus. ^ Comitium never denotes the assembly, but the part of the Forima where the popular assemblies met in the earliest times. See p. 12. Concioiics. — A Concio, in so fixr as its objects were concerned, corresponded in many respects to what we now term a "Public Meeting." The magistrate by whom it was summoned employed a public crier, (praeco,) and was said advucare s. convocare cortcionem; the multitude merely listened to the oration of the person by whom they had been called together, and of those persons whom he introduced to their notice, (produxit in coiicionem,) for no private person could come forward and address them without obtaining permission from the presiding magistrate.* The word Concio in the best writers is used for a public meeting in the restricted sense above described, and is sharply distinguished from Comitia;^ but it would appear that originally Concio was employed in a more comprehensive gignification to denote all public assemblies regularly summoned, including, of 1 Fall information with regard to the Homan Comitia will be found in Schulzk, Von den VolksversammlunRcn der Komer, Gotha, 1815; in Becker, Handbueh der Romischen Althcrthumcr, liter. Theil. Ito. Abtheil p. 333—394, Leipz. 1844; and iii the continuation of tlie work by Marqcaudt, Leipz. 1819. - \Vc throw out of view here those occasions when the people were called together for the purposes of a military levy, (delectui,) of the Census, of solemn sacrifices, and the like, as not pertaining to the present subject. S Cic do leijg. III. 12. 18. Aul. Gell. XIII. 15. 4 Dionys. V. 11. Liv. IIL 71. XLII. 34. Cic. ad Att. II. 24 IV. 2. pro Sest. 63. in Vatin. « Aul. Gell. XIII. 15. Liv. XXXIX. 15. Cic. pro Sest. 50. COMITIA IN GENERAL. 105 course, Comitia, aud that the phrases — Inlicium vocare. — In concionem vocare — Ad Comitia vocare — Ad Conventionem vocare — were regai-ded as syiaony- mous. ^ Concio, however, in the purest authors, is constantly employed to denote, not only a pubhc meeting-, but also a speech delivered to such a meeting, and thus, Concionem hahere is equivalent to Verba facere^ that is, to deliver a harangue; ^ and hence such phrases as Condones scriptae — Legi tuam concionem — Concio funebris — Dare concionem alicui, (to grant any one permission to speak,) and the vei'b Concionari. ^ The right of calling a Concio belonged, during the regal period, in all proba- bility, to the king alone, or to his immediate representatives, the Tribunus Celerum or the Praefectus Urhis. Under the republic it was exercised by all the higher magistrates, including the Tribunes of the Plebs. The ordinary places of meeting were the Comitium, the lower Forum, the Capitol, and the Campus Martius. The presiding magistrate usually occupied a Templuin, that is, a place consecrated by the Augurs, and opened the proceedings on this, as on other occasions when the people were addressed, by a solemn prayer (see Liv. XXXIX. 15.) €onciIlnm. — ^While Comitia denoted an assembly of the whole people, called together for the pm-pose of voting upon some measure. Concilium is sometimes used to denote a similar assembly, consisting of a portion only of the community — Is, qui non universum populum, sed partem aliquam adesse iubet, non Comitia, sed Concilium, edicere debet. * Hence Concilium Plebis, or simply Concilium, is employed to denote the Comitia Tributa, because that assembly consisted originally of Plebeians only, and the term having been once recognized, remained in use after the Comitia Tributa included all classes. * On the other hand, Concilium Popidi denotes the Comitia Centuriata, which, from the first, embraced the whole Populus. '^ Concilium is also frequently employed to denote a promiscuous assemblage, without any reference either to Condones or Comitia. Comitia. — When a magistrate summoned Comitia it was invariably for the purpose of asking the people to do something, (^ut rogaret quid populum,^ and in submitting the matter to their consideration, he was said agere cum popnlo, which became the technical phrase for dealing with the people in their Comitia — Cum populo agere est rogare quid popidum quod sujfragiis suis aut iubeat aut vetet. ' There were three kinds of Comitia, which were named from the three modes in which the people were organized politically. These were — 1. Comitia Curiata, ui which the people voted in Curiae. 2. Centuriata, .... Centuriae. 3. ■ Tributa, Tribus. To these some add a fomlh, Comitia Calata, the natm-e of which we shall explam at the close of this chapter. In none of the three first named did the people vote promiscuously, but, 1 Varro L.L. VI. § 88. Paul. Disc, s v. Condo, p. 38. s.v. Inlicium, p. 113. 2 Coneionem habere est verba fucere ad populum sine uUa ro^atione. Aul. Gell. XIII. 15. S Cic. in Vatin. 1. ad Fam. IX. 14. ad Att. IV. 2. pro Flacc. 7. * Lael. Pel. ap Aul. Gell. XV. V7. S LiT. VII. 5. XXXVIII. 53. XXXIX. 15. XLIII. 16. 8 Liv. III. 71. VI. -20. ^ Aul. Gell. XIII 15. comp. Cic. de. legs. III. 4. in Vatin. 7. Sallust. Cat. ."il. Macrob. S. I. IG. We find in Liv. XLII. 31. the phrase agere ad populum used with reference to a speech delivered to a Concio. 106 COiimA IX GEXEKAL. according to the nature of the Comitia, each voted in the Curia, in the Ccn- turia, or in the Trihus to wliicli he belonged, and in no case was the result decided simply by the majority of the gross number who gave their votes. Thus, in the Comitia Centtiriata, each Centuria had one vote, and the vote of each Centm-ia was determined by the majority of the individual voters which it contained. The vote of each Centuria being determined in this manner, the question mider consideration was decided by the majority of the Centuries. But since the different Centuries did not all coutam the same gross number of voters, some containing a much larger number than others, it did not by any means follow, that a majority of the Centuries expressed the opinion of a majority of the gi"oss number of individual voters in the community at large. Exactly the same principle was followed in the Comitia Curiata and in the Comitia Tributa, the majority of Curiae in the one, and of the Trihus in the other, decided the question, while the vote of each Ciu-ia and of each Tribus was determined by the majority of the individuals which it contained. Since Comitia were summoned regidarly every year during the period of the republic, for the election of magistrates, the word Comitia is not mifrequently used as equivalent to elections, sometimes by itself and sometimes with the addition of an adjective, indicating the magistrates for whose election the assembly was summoned. Thus, the sentence JamComitiorum appetehat tempus means, tJie period for the animal elections was noiv approachinxj ; and in like manner, Clodius quum videret ita tracta esse Comitia anno snperiore means, that the elections had been deferred for so long a period, &c. ; while Comitia Consular ia — Praetoria — Aedilicia — Censoria s. Censorum — Pontificia s. Pontijicum — are phrases denoting the assemblies held for the election of Consuls — Praetors — Aediles, &c. Fuiiciions of the Presiding ITIagistrair. — The magistrate who summoned a meeting of Comitia also presided, (comitiis pjraeerat,) and was said habere Comitia : in submitting any measure for the approval of the people, which he did commenciug with the form Vditis Juheatis, Quirites, he was said agere cum populo — consulere populum — feri-e ad populiim — rogare, and the latter verb, which implies the asking, the essential characteristic of all Comitia, is also applied to the object upon which the people were required to vote, as, for cxam]jle rogare legem — rogare magistratus — rogare consules — rogare prae- iores, i.e. to pjropose a law — magistrates, consuls, &c. the phrases being elliptical abbrevations for rogare populum legem — rogare populum consules, &c. ; so in like manner, irrogare multam s. poenam is to ask tlie people to inflict a fine or penalty, and arrogatio is asking leave to take to yourself or adopt the child of another. "When the president called upon the people to give their vote, lie was said mittere populum s. centurias s. tribus in suff'ragium — or, in suffra- gium vocare; the voters, on the other hand, were said ire in suffragium — suff'ragium inire—ferre suff'ragium— ferre sententiam. When he dismissed the assembly after the business was concluded, he was said dimittere populum — comitatus dimittere; when tlie assembly was broken up suddenly without Cuming to a decision, it was said dirind s. rescindi. Ko;iniio. r,cx.— Since the essence of the procedure consisted in asking the jn'oplc to vote upon something, the word llogatio is frequently used to denote (I Jidl ])n>poscd to the people ; hence promulgare Rogationem means to publish a lull previous to its being submitted to the Comitia ; and according as the people accepted or rejected it, they were said jidtere or antiquare rogationem. After a liogatio was passed (lata est) it became a Lex; but in practice Roqatio COMITIA IN GENERAL. 107 and Lex were frequently used as convertible terms, just as Bill and Law are by ourselves. The verb Rogo and its compounds enter into many technicalities connected -with the passing of laws. To repeal a law, was lerjem alrrogare ; to repeal a portion but not the whole, aliquid legi derogare ; to add new clauses to an existing law, aliquid legi suhrogcire ; and when the provisions of an old law were altered or in any way affected by a new law, the fonner was said ohrogari. ^ The presiding magistrate being the person who submitted the measure to the people and amiounced the result, was said, individually, as it were, ferre s. perferre legem when the law was passed, and so, in the case of elections, he was said creare consules — creare praetores, &c. as if it were his own act and deed. Thus, Dictator prima comitiali die creavit consides — Duo consules comitiis centuriatis a praefecto urhis creati sunt — Brutus collegam sibi creavit comitiis centuriatis — Per interregem consules creati. ^ Power of the Presiding iTlagistratc. — In addition to the mere ministerial functions perfomied by the presiding magisti'ate, and to the influence which he naturally exercised as president of the meeting, he wielded considerable consti- tutional powers — 1. No one could address the meeting without his permission, except a magis- trate of equal or superior rank to himself, or a Tribune of the Plebs, although in some cases perhaps a senator might insist upon being heard. ^ We find examples, however, of private individuals, when refused liberty of speech by the consuls, obtaining it by an appeal to the Tribunes ; * and since the Tribunes, m virtue of their office, could prevent a person from speaking, it was customary to ask permission of them as well as of the president. * 2. He had the power, if he thought fit, of fixing a limit to the space during which an orator was to speak, in order to prevent persons from wasting time needlessly, or from wilfidly delaying the proceedings, with a view to frustrate the measure under discussion. ® 3. At an election he coidd refuse to admit the name of any candidate whom he regarded as legally disqualified, and in doing this he was said aliquem non accipere — nomen alicuius non accipere — rationem alicuius non habere — and if, notwithstanding a declaration to this effect, votes were tendered for such a candidate, he might refuse to receive them, {suffragia non observare,^ or refuse to return him as elected (renuntiare.) Of course, the presiding magistrate incurred responsibility in adopting such a coitrse, and was liable to be called to account at a subsequent period, if it should ajjpear that he had been actuated by personal enmity or factious motives. ^ But although the president could rcfiise to return another candidate, he was not permitted, under any circiunstances, to return himself, and hence the indig- nation and disg-ust excited by the conduct of Appius when he presided at his own re-election as Decemvir. ^ Manner of Voting. — For a long period the votes in the Comitia were given viva voce, and hence the phrase dicere aliquem considem, ® i.e. to vote for a person to be consul ; but voting by ballot (j^er tabellas) was introduced at the 1 Ulpian. frag. I. ^. 2 Liv. XXV 2. I. CI). IL 2 III. 5-5. 3 Liv. in. 63. 72. VI. 38. 40. XXXIV. 1. XLII. 31. XLV. 21. 4 Liv. in. 71. « Liv. XLII. 34. « Plut. Cat. min. 43. Dion Cass. XXXIX. 34. 7 Liv. III. 2!. IX. 46. X. 15. XXXIX. 39. Cie Brut. 14. VaL Max. III. riil a 8 Liv. III. 3.5. see also X. 16. XXYIL 6. » Liv. X. 13. 22. XXIX. 22. 108 COinriA IX GENTRAt. beeinning of the seventh century by a succession of laws which, from their subject, were named Leges Tahellariae. ' Cicero tells us that there were in all four, uamely : — 1. Lex Gabinia, passed B.C. 139, by Gabinius, a Tribune of the Plebs, enacting that, in the election of magistrates, the votes should be given by ballot. * 2. Lex Cassia, carried in B.C. 137, by L. Cassius, Tribune of the Plebs, after strong opposition. We gather that this law provided for the ballot in judicio populi, except in cases of Perduellio. Considerable controversy has arisen as to the interpretation of the expression judicio popuU, but there can be little doubt that it here includes all criminal trials, whether held before the people, in their Comitia, or before commissioners to wliom the people delegated their jurisdiction. ^ 3. Lex Papiria, passed B.C. 131, by C. Papirius Carbo, Tribune of the Plebs, which provided that the ballot should be introduced in legibus jubendis ac vetandis. 4. Lex Caelia, passed B.C. 107, by C. Caelius, in terms of which the ballot was extended to trials for Perduellio, which had been specially excepted by the Lex Cassia. Arrangements for Collecting the Votes. — On the' day of the Comitia, a number of small enclosures, called Septa or Ovilia were erected in the Forum, in the Campus JIartius, or wherever the assembly was to be held. Tliese, when set up in the Forum, were of course removed as soon as the proceedings were over ; but in the Campus Martins, towards the end of the republic at least, there were permanent structures devoted to this purpose (see above, p. 46.) Each Septum was entered by a narrow passage or plank termed Pons s. Ponti- culus, and egress was afforded by a similar Pons upon the opposite side. Oa the Pontes at each end of the Septum stood vases called Cistae s. Cistellae a. Sitellae s. Urnae. Wiien the Tribes or Centuries were called up to vote, each individual, as he passed along the Pons, received a certain number of tickets (tubellae) from persons who took them out of the vases, and who, from their office of distribution, were called Divisores s. Diribitores, and in performing this duty were said Tabellas diribere, the operation itself being termed Suffra- giorum dirihitio. * When the subject under discussion was a law, each voter, it would appear, received two tickets ; on one of tiiese Mere marked the letters Y.R. the initials of the words Uti liogas, " i.e. let it be as yuu ask, and tliis he used if he was favourable to the measure ; on tlie other was marked the letter A. the mitial of the word Antiqno, i.e. antiqua proho, I prefer the old state of matters, and this he used if he voted against tlie Bill, whence tlie phrase antiquare legem signifies to reject a lavj. " In the case of a criminal trial, the voter received three tickets, one marked A. for Absolvo, another C. for Condemno, and a tliird N.L. for Non Liquet, i.e. 1 The locut clfitsicus is in Cic. de. legg. IIL 16. and is well worthy of being read. 2 Cic. Lael. Ifi. 3 Cic Brut 'J."). 27. pro f'est. 48 fragm. Cornel. 21. Ascon. in Cornel, p. 78. Pseud. Ascon. in Verr. p. 141. Schol. Bob. p. 303. ed. Orel]. Consult also Cic. pro Plane. 6. and Plin. Epp. III. '20. 4 Cic. in Pison. LV 40. pro Piano, fi. Oral. pro. Harusp. rcsp. 20. It is believed by some, however, that the operation implied by diribere was the arrangement and clas-ification of the votes after the tickets had been dropjied into the urn. On the Diribiiorium see above, p 46. i Tubellae ministrabantur itu ut nulla daretur Uti Rogas, Cic. ad Att. I. 14. comp. de legg. in 17. « Liv. V. 30. VI. 38. VIII. 37. Cic. de. legg. II. 10. Paul. Diac. s.v. Ajitiquare, p. 2& COMTTIA IN GENERAL. 109 I cannot make up my mind; and to employ this was virtually to decline giving a vote. In the case of elections it would seem probable — but we have no distinct information upon this point — that each voter received a blank tablet, on which he wrote the initial letters of the names of his fovourite candidates. The voters having received their tickets, passed into the Septum^ where they probably remained for a short time in consultation, and then each as he passed out was asked for his ticket by persons called Rogatores, stationed for the purpose, by whom they were dropped into the ura. ^ As soon us the Septum was emptied, the tablets were shaken out, arranged and comited luider the inspection of tellers, called Custodes, who, in performing this operation, were said — Suffraf/ia dirimere — Suffragia describere — Tribus describere. ^ In illustration of what has been said above, we may refer to the denai'ius of the Gens Cassia, cngi-aved m p. 15, where we see on one side of the temple a representation of the Silella or Balloting Urn, and on the other a Tabella with the letters A C, (Absolvo Condemno ;) on another denarius of the same Gens, of which a cut is annexed, we see a voter in the act '^•ii!=ji=i^ j^ of dropping his ticket into the box. The figiires on a denarius of the Gens Hostilia, of which also we annex a cut, are generally supposed to be voters pass- ing along the the Pons into the Septum, but on this we cannot speak with cer- tainty. The vote of each Tribe or Century having been thus ascertained was reported "V ll«>-J^ _ "^i^;"®^'?-,, to the presiding magistrate, who pro- claimed (j'enuntiavit) the residt to those around, and made it kno'»vn to those at a distance by means of the public criers, (praecones,) ^ and in like manner, when all the Tribes and Centuries had voted, the general resvilt was declared. If the votes for and against any measure were equal, which might happen from an equality of voices in individual Tribes or Centuries, the measure was lost ; in the case of a criminal trial, such a result was regarded as equivalent to an acquittal. As to the manner in which the votes were collected when given viva ^'oce, we are almost totally destitute of information. It seems probable that the voters, in passing along the Pontes, were questioned by the Rogatores, and that their reply was noted down by a dot pricked upon a tablet. Hence the word punctum is constantly used in the sense of o vote, and ferre puncta means to gain votes, thus Nonnidlas tribus piinctis paene totidem tulernnt Plancius et Plotius — Recordor quantum hae quaestiones . . . punctorum nobis detraxerint ;*^ and the well known Horatian luie — Omne tidit punctum qui miscuit utile dulcL 1 Cic. in Pison. 15. 40. de. Divin. II. 36. de. N. D. II. 4. 2 CiG. in Pison. 5. 1.5. 40. de leg. agr. II. 10. pro Plane. G. 20. ad Q. F. III. 4. Orat. post red. 7. Varro R. R. III. 2. comp. Plin. H.N. XXXIll. 2. 3 Coepti sunt a praecotte renuntiari quern quaeque Tribus fecerinl aedilem, Varr. R. H. liL i7. See also Cic. in Verr. V. 15. de leg. agr. II. 2. 9. pro Muren. 1. Cic. pro Plane. 22. pro Muren. 34. 110 COMITIA EN GENERAL. After tlic votes had been taken and the result announced, the presiding magistrate invited tlie assembly to disperse by the form — Si vobis videtur, discedite, Quirites — and the same words were employed when he called upon them to sep;irate for the purpose of voting. ^ Quorum. — Although the presence of a certain fixed number of individuals was not held necessary to constitute a lawful assembly, it would appear that, occasionally, ■when the number in attendance was very small, the business was defen-cd and the Comitia dismissed. In the case of an election, however, it was necessary for a candidate to obtain the votes of a cei-tain number of Centuries or Tribes, and if, in consequence of the votes being divided among several competitors, the individual who had a majority over his rivals, failed to obtain the full number necessaiy, he was said ■ — non cxplere trihus — non conjicere legitima stiffragia. ^ I In a consular election, if one consul was didy elected, while the candidate ■ who stood second failed to procure the necessary number of votes, the consul duly elected had the right of nominating his colleague, without the matter being agiiin refeiTcd to the Comitia, and a similar practice prevailed in the election of Tribunes of the Plebs. ' This did not hold for Praetors, Aediles and Quaestors ; but if the election of these magistrates was interrupted from this or from any J other cause, the Comitia were smnmoned again and again, until they an-ived at] a legal decision. It may be infeiTcd, however, from a passage in Cicero, that! if two competitors for the Aedileship received an equal number of votes, then I their pretensions were decided by lot. * On the other hand, in the election of ' Censors, if both did not obtain the ftill number of votes, then neither was elected. ^ Auspicia. — The Romans, in the earlier ages of their history, never entered upon any important business whatsoever, whether public or private, without endeavom-ing, by means of divination, to ascertain the will of the gods in reference to the imdertaking (itisi auspicato — nisi auspicio prius siimto.) This operation was termed sumcre auspicia ; and if the omens proved unfavomable, the business was abandoned or deferred — Apud antiquos non solum puhlice sed etiam privatim nihil gerehatiir nisi auspicio prius sumto — Auspiciis hanc urham conditam esse, auspiciis hello ac pace domi militiaeque omnia geri, quis est qui ignoret ? — Auspicia, quibus Jiaec urbs condita est, quibus omnis respublica atque imperium continetur. '' No meeting of the Comitia Curiata nor of the Comitia Centmiata could be held unless the auspices had been previously taken ; and although this nile did not apply originally to the Comitia Tributa, that assembly also was, in later times, to a certain degree, dependent upon tlie auspices. ^ In the earlier ages of the state, the Patricians claimed the exclusive right of taking auspices, asserting that this power was vested in them alone, (nobis propria sunt auspicia — sunt auspicia more maiorum penes Patres,) and hence the Patricians were said habere auspicia, i.e. to be in possession of the aus- pices. 8 1 i.iv II. :>r, III. 11. -■ Liv. Ill r,i. IX. :n. XXXVII 17. 3 i,iv. n. CC. 4Liv. XL. .W. Aul. Gc-n. XIII. 15. Cic. pro Plane. 20. 22 ad Att. IX. 9. « Llv. IX. :u « Val. Max. IL i. 1. Liv. VL 41. Cic. in Vatin. de. Divin. L 16. ^ Liv. I. ,'((!. Dionys. II. G. These passajxis would seem to imply, that even in the ir.I jncy of the state the ni.;HtinKR of the I'lcb» were dependent upon auspices. 8 Liv. V. U. X. 8. Aul. Ucll. XIIL la COMTLV m GENERAL, 111 T>ut as fur as public proceedings were concemed, no private individual, even among the Patricians, had the right of taking auspices. This duty devolved upon the supreme magistrate alone, so that during the regal period, the kings only could take the auspices, and during the republic the consuls only, as long as they remained in the city. In an army this power belonged exclusively to the commander-in-chief; and hence all achievements were said to be performed under his auspices, even although he were not present ; and a victory gained by one of his subordinate officers, a legatus^ for example, was said to have been won auspictis Consulis, ductu Legati. This prmciple was still obsei"ved after the dowTifal of the free constitution ; and the emperor being, in vktue of his office, general-in-chief of all the armies of the state, every military exploit, in whatever part of the world it might be performed, was regarded as fallmg tinder his Auspicia. The fact, that the chief magistrate alone could take the auspices, and the assumption that no one but a Patrician possessed the privilege, formed one of the arguments most strenuously urged against the admission of the Plebeians to the consulship, (qnod nevio Plebeius auspicia haberet,) it being maintained that no Plebeian consul could, without sacrilege, attempt to make the requisite observations — Quid igitur aliud, quam tolUt ex civitate auspicia^ qui plebeios consules creando, a Patribus, qui soli ea habere possunt^ aufert. ^ Upon like grounds the Patricians opposed the mtermarriage of Plebeians with their order, because the taking of auspices formed part of the nuptial ceremonies, and they alleged that the whole discipline would be thro\vn into conflxsion by these ill- assorted unions and a hybrid progeny — Perturbationem auspiciorum pvblicorum privatorumque afferre — idea decemviros connubium diremisse ne incerta prole auspicia turbarentur. ^ When, however, a king died, then the Patricians, as a body, were requii-ed to take the auspices before they could elect his successor or choose an Inter-rex ; and in this case the auspices were said Redire ad Patres, to return, as it were, to the som'ce from whence they had been derived ; and the same took place under the commonwealth, when both consuls died or resigned before they had held the Comitia for the election of a successor, or had named a Dictator for that purpose. Whenever it became necessary from this, or from any other cause, to seek {Tie auspices at the fountain whence they were supposed to flow, the process was termed — auspicia de integro repetere — auspicia renovare — per interregnum renovare auspicia. ^ Auspicia in Connection with the Comitia. — Neither the Comitia Curiata nor the Comitia Centiu-iata could be held imless the auspices had been taken and pronounced favourable. The objects observed in taking these auspices were birds, the class of animals from which the word is derived (Auspicimi ab ave spicienda.) Of these, some were believed to give indications by then- flight, and were technically tenned Alites s. Praepetes, others by their notes or cries, and hence were termed Oscines, while a third class consisted of chickens (PulW) kept in cages. When it was desired to obtain an omen from these last, food was placed before them, and the manner in which they comported themselves was closely watched. If they refused to feed, or fed slowly, the auspices were regarded as unfavom-able ; on the other hand, if they fed voraciously, and especially if a portion of their food, falling from their bills, stnick the ground, 1 Liv. IV. 6. VI. 41. 2 Liv. IV. 2. » Liv. V. 17. 31. 52. VI. 1. 5. VIIL 3. 17. 112 COMITIA IN GENERAL. which was termed Tripiidium SoUstimum, ^ the omen was regarded as in the highest degree propitious. The tliree forms of divination from birds are aUuded to in Cicero when lie says — Non ex aliiis involatit, nee e canlu sinistro oscinis, ut in nostra discipUna est, nee ex tripudlo solistimo, tibi augur or. ^ The manner of taking the auspices previous to the Comitia was as follows : — The magistrate who was to preside at the assembly arose immediately after midnight on the day for which it had been summoned, and called upon an augur to assist him (aiujnrem in anspiciam adhibebant.) With his aid a region of the sky and a space of ground, within which the auspices wore observed, were marked out by the divining staff (lituns) of the augur, an operation which was termed Templum capere, the whole space thus designated being called Templum, and the spot on which they stood Tabernacidum, in consequence, very probably, of a tent or hut being erected for the occasion. This operation was performed with the greatest care ; for if it was discovered at any future time that any irregularity had been committed in this, or in any other point connected with the auspices, {tabernaeuliun non recte captum — tabernaculum viiio captum — auspicia pariim reete capta — auspicia vitio contacta,) the whole of the subsequent proceedings became null and void, and if magistrates had been elected under such circumstances, they were said to be vitio creati, and compelled at once to resign their office. In making the necessary observations, the president was guided entirely by the augur, who reported to him the result. This formal report, if favourable, Avas termed Nuntiatio, if unfavourable, Ohnintiatio ; in the former case he declared Silen- tiiun esse videtur, i.e. there is no evil sight or sound ; in the latter case he postponed the proposed assembly by pronouncing the words Alio die. The auspices observed in the manner above described, formed an indispensable preliminary to all meetings of the Comitia Centuriata, and, we have every reason to believe, of the Comitia Curiata also ; and these obsei'vations could be taken by the presiding magistrate only, with the aid of the augur whom he invited to attend him. ^ Scrvare de Coclo. — There was, however, another class of omens or auspices connected with the Comitia, which exercised an important influence, especially towards the close of the republic. The nature of these has been frequently misunderstood, and must therefore be distinctly explained. According to the discipline of the augm-s, no popular assembly could continue its proceedings if thmidcr or lightning were observed, or if a storm of any kind arose — Jove touante, cum populo acji non esse fas — Jove fidrjente ncfas esse cum populo agi, augures omnes usque a Romulo decrevere — Iti riostris com- mentariis scriptum habemus, Jove tonante fulgurante Comitia populi haberi nefas — Fulme.n sinistrum auspicium optimum, liabemus ad omnes res praeter- quam ad Comitia * — and accordingly, if such appearances manifested themselves, the meeting at once broke up; (e.g. Praetorum Comitia tempestas diremit-) but no distinct rules, as far as we know, were laid down in the earlier ages of the commonwealth with regard to observing and reporting such phenomena. About the year B.C. 15G, a law, or perhaps two laws, one being supplementary 1 Cum igilur njpi cecidit ex ore puUi, turn auspicanii Tripcdicm solistimdm tiuntiant. Cic de Diviii. II. ."il. comp I. \b. 2 Cic. ad Fam. VI. 6. 3 Cic. de Divin. I. 17. IL 3.5. de N. D. II. 4. de Legg. IL 12. III. 4. Liv. IV. 7. VIII. 17. 3a Kest. s.v. Sdentio, p. :U8. 4 Cic. Philipp. V. 3. in Vatin. 8. de Div. II. 18. 34 fi Liv. XL. 5U. comp. Tacit. U. L lb. COMITIA IN GENEUAL. 113 to the other, were passed by Q. Aelius Paetus and M. Fufius, Tribunes of the riebs, which are frequently referred to by Cicero, as Lex Aelia Fiifia or Lex Aelia et Lex Fufia. One of the chief provisions of these enactments was, that it should be lawful for any of the superior magistrates to watch tlie heavens (servare de coelo) on the day on which assemblies of the people were held, whether Comitia Centiuriata or Comitia Tributa, and if they saw lightning, to report this (ohnuntiare') to the presiding magistrate. The right of observing the heavens, termed Spectio, belonged to the magistrates alone, and hence Cicero says, (Philipp. II. 32,) Nos (sc. augures) KUNxiAxioxEai solavi habeinus, at consules et reliqui magistratus SPECTIONEM. But, by another principle in the discipline of the augurs, it was tmlawfiil to hold Comitia while any one was known to be engaged in taking the auspices or watching the lieavens, while the wiU of the gods might therefore be regarded as not yet fully ascertained (Orat. pro. dom. 15.) Hence, if, on the day when a meeting of Comitia was about to be held, one of the higher magistrates thought fit to announce to the presiding magistrate that he was engaged in observing the heavens, (^se servare de coelo^} or if he gave notice previously that he intended to be so engaged on the day fixed for an assembly, this was held to be an Ohnuiitiatio, and the proceedings were stopped. The great object and efiect of'these laws was to impede hasty and rash legis- lation, by puttmg it in the power of every magistrate to stay proceedings ; and hence they are described as propugnacula et muros tranquilUtatis et otii by Cicero, (In Pison. 4,) who declares in another place, (In Vatin. 7,) ea saepe- numei'o dehilitavisse et repressisse trihunicios furores. These laws, after having been strictly observed for nearly a century, were disregarded by Ca;sar and by Vatinius, during the consulship of the former, B.C. 59 ; for they persisted in forcing through several measures in defiance of a formal Ohnuniiatio on the part of Bibulus and others. This violation of the constitution forms a theme of bitter invective in the speech of Cicero against Vatinius ; and the opponents of Cajsar maintained that all his own proceedings, (acta,~) as well as those of his satellite, were in reality null and void. The Lex Aelia et Fufia was repealed by Clodius, or perhaps rather suspended, for it seems to have been in force at a period subsequent to his tribuneship (see Cic. pro Sest. 61. ad Q. F. III. 3. Philipp. II. 32.) Notice of Comitia. — The Comitia Centuriata and the Comitia Tributa were summoned by a written proclamation, (edictum.^ issued by the consul or other magistrate who was to preside. -^ It appears to have been customary, from a very early period, ^ to issue this proclamation seventeen days beforehand, and this space of time was termed Trinundinum, because, in this way, the subject to be discussed became known to the people for three successive market-days (nundinae) before they were called upon to give their votes. But although this may have been the practice sanctioned by custom, tliere can be no doubt that it was often departed from in cases of emergency, and laws were passed, and magistrates were elected, sometimes even upon a single day's notice.^ But by the Lex Caecilia Didia, passed B.C. 98, it was positively enacted that no law could be proposed to the people for their acceptance until its provisions had been 1 I,iv. XXXV. 24. Aul. Gell. XIII. 15. 2 Liv. III. 3j. Macrob. S. I. 16. » Liv. IV. 24. XXIV. 7. XXV. 2. 114 COMITIA IN GENERAL. pn])lislied for tlie space of Trinundinum at least, {id leges Trinundino die proiniilgaTentur,) tliis publication being termed Promulgation Avhencc Promul- gare legem means to propose a law. The provisions of the Lex Caecilia Didia were subsequently made more stringent by the Lex Llcinia Ju7tia, passed, probably, in B.C. 62. Cicero makes repeated allusion to these laws, and laments their violation during the troublous period wlien he lived. Oies C'omitialrs. 1 — Comitia could be held ujwn particular days only, which were, from this circumstance, marked in the Kalendars as Dies Comitiales; and these could not have been very numerous if we obsen-e those which we know to liave been excluded. These were — 1. All Dies Festi, i.e. all days consecrated to the worship of the gods, and celebrated by sacrifices, banquets or games. Among these were included the Calends and Ides of every month, the former being sacred to Jimo, the latter to Jupiter. 2. The Nundinae or market days on which the countiy people came into the city to buy or sell, and M-hich fell every eiglith day. This restriction, however, may have been in part removed by the Lex Hortensia of B.C. 286, -which declared that it should be lawful to transact legal business on the Nundinae. 8. It appears that by a Lex Pupia, regarding which we know little but the name, that it was forbidden to hold a meeting of the Senate on a Dies Comitialus, so that many days open for ordmary business could not have been Dies Comi- tiales, Hour of Meeting. — We know nothing as to the period of the day at which the Comitia usually assembled ; but it was a general constitutional rule, that no public business of any kind could be transacted before sunrise or aft^ simset. ^ Kvenls trhich might abruptly put an end to a JTIeeting of Comitia.— We have already seen that if the auspices were unfevourable the asseml)ly was put off; but even after the Comitia had met, the meeting might be broken up wiihout coming to a vote by various circumstances. 1. If any magistrate of equal or superior rank to the presiding magistrate pave formal notice (obmintiavit) that he was watching the heavens (se servare de coelo.) See above, p. 113. 2. If lightning was seen or if a sudden storm arose.' See above, p. 112. 3. If any individual present was seized with Epilepsy, a disease which was hence named Morbus Comitialis. * 4. By tlie intercession of one of the Tribunes of the Plebs. This right, whicli will be fully explained when we treat of the magistracy itself, could only be exe-^ed, in tlie case of a law, after the law had been read over, but before the people had begun to vote. ^ 6. By niglit-fall coming on before the business was concluded. 6. If the standard hoisted on the Janiculum was lowered ; but this a])plicd to the Comitia Centuriata alone, and will be noticed in treating specially of that assembly. But although the assembly was broken up abruptly by a storm, by intercession, by night-fall, or the like, the meeting might be hold to be merely adjourned, » See Macroh S. I 1.5. 16. Varro L.L. VI. §.'^<) Fest. s.t. Nnndinnt, p. 173. Paul. Diac 8 ». CtmiCinlen. p. M. Aul. Cell. V. 17. tic. ad. Q, F. II. 13. ad Fam. 1. 4. de prov, rons. 19. Pliu. H N. XVIII 3 ■I Diorivs. IX. 41. Cic. in Cat. Ill 12. Dion Cass. XXXIX. C5. Plut. Aem. Paul 30. 3 Uv. XL b'l. » Fest. 8.V. I'mhibpre Comitia, p. 234. Aul Gell. XIX 4. » CIc. frag, pro Corn. Li?. XLI. 31. COJnXIA CXJRTATA. 115 and the same question might be again submitted to the people even on the day followmg;. 1 The above remarks apply, in a great measure to all Comitia. We now proceed to consider these assemblies separately. COMITIA CURIATA. There can be no doubt that the Comitia Curiata, instituted, we are told, - by Romulus, formed the original, and, for a considerable time, the only popular assembly among the Romans ; but the period during which this assembly exercised any considerable influence or control over public affairs belongs exclusively to that epoch of history which is involved in the deepest obscurity, and hence our information upon all matters of detail is extremely limited and uncertain. The following points seem to be fully estabUshed : — 1. The constituent body of the Comitia Curiata^ as the name implies, v.\is composed of the thirty Curiae. The Curiae being made up of Patrician Gentes, it follows that the Plebeians must have been altogether excluded fi-om these assemblies. Whether, in ancient times, the Clients of the Patricians took a part in the proceedings, is a question which has been much agitated ; but it is very diflScult to understand how a class of persons so completely under the influence of their Patrons as the Clients were, could have exercised any independent political power, and hence we are led to adopt the opinion of those who maintain that the Patricians alone had the right of voting. 2. The Comitia Cmiata being the only popular assembly up to the time of Servius Tullius, wielded all those constitutional powers, civil and religious, which were held to belong to the citizens as a body, although those powers, in the earlier ages of the state, could not have been very clearly defined. It elected the kings, all priests, ^ and perhaps the quaestors also, * enacted laws, ^ declared war, or concluded peace, ® and was the court of last appeal in aU matters affecting the life or privileges of Patricians. ' It would be vain if we were to attempt to enter into details with regard to tlie forms and ceremonies observed in holding the Comitia Curiata, indeed we ought always to bear in mind that the few particulai-s recorded rest, for the most part, upon the evidence of writers who flourished many centuries after the customs which they describe had entirely passed away, and who were ever prone to represent the usages of then- own times as having existed unchanged from the most remote ages. On one or two topics we can speak with tolerable certainty. Each Curia had one vote, and the vote of each Curia was determined by the majority of voices in that Cm-ia, every citizen voting individually (virithii) in the Curia to which he belonged. The question under discussion was decided bv the majority of the Curiae. The Curia called up to vote first was termed Principium ; but since we know that the same Curia did not always vote first, it is probable that the precedence was, on each occasion, determined by lot. The number of the Curiae being thirty, it might happen that they would be equally di^'ided upon a question ; but what provision was made to meet such a contin- gency is nowhere indicated. The debate regarding the disposal of the property 1 Liv. VII. 17. X. 9. XL. 59. comp XXXI 6. 7. 2 Dionys. II 14. S Dionys. II. 22. Anl. Gell. XV. 27. * See the conflicting testimonies of Junius Gracchanus an. Ulpian. Dig. I. 13. and Tacit. Ann. XI. 22. » Pompon. Dig I. ii. 2. « Liv. I. 24. 32 38. 49. Aul. GeU. XVI. 4 Dionys. VIII. 91. IX. 69. J See Liv. I. 26. VIIL 33. Dionys. III. 22. 116 COMITIA CnUATA. of the Tarquins turned, according to Dionysius, upon a single vote, so that the Curiae must have stood sixteen against fourteen. ^ During tlie regal period, the Comitia Curiata could not meet unless summoned by the king, or by his representative, the Tribunus Celerum, or, in the absence of the king, by the Praefectus Urbis, or, wh-en the throne was vacant, by an Inter-rex. These magistrates coidd not summon the Comitia unless authorized by a decree of the Senate ; and no measm-e passed by the Comitia was held valid until ratified by a decree of the Senate. Notice of the assembly was given by Lictors, one being attaclied to each Curia, (^Lictor Curialus,} who went romid and summoned the members individually (nominathn.) Public criers {praeconeti) were sometimes employed for the same purpose. The place of meeting was the Comitium, where the tribunal of the king was placed (Comi- Tiu.M ab CO quod coibant co Comitiis Curiatis et litium causa.) - Under the republic, when a Lex Curiata was required, one of the Consuls, a Praetor or a Dictator might preside. In cases of adoption and when matters of a purely religious character were debated, a Pontifex could hold the assembly, and we can scarcely doubt that the Curio Maximus (see p. 61.) must have, in some instances, enjoyed a similar privilege. ^ It would seem tliat the same solemnities, with regard to auspices, sacrifices, and prayers, were observed in meetings of the Comitia Curiata which afterwards eliaracterised the Comitia Centmiata, and to these we shall advert more particu- larly in the next section. <<;rn(liial E>vcliiic of (lie Comitia Cnriata. — The first blow tO the influence of the Comitia Curiata was the establishment, by Servius Tullius, of the Comitia Centuriata, which included all classes of the commimity, and was doubtless intended to supersede, in a great measure, the most important functions of the existing assembly. The powers of both alike were, probably, almost entirely suspended during the despotic sway of the second Tarquin ; but upon his expulsion, the Patricians recovered tlieir power to such an extent that altiiough the consuls were elected by tlie Comitia Centuriata, no measure passed by that body was binding until it had received the sanction of the Comitia Curiata, in which many of the most important measures M'itii regard to the infant republic were originated and decided ; and when the question arose with regard to the compilation of a new code of laws, the Patricians boldly declared — daturum lefjes neminem nisi e Patrihus. * But this controlling power was altogether lost when, by the Lex Puhlilia, passed by Q. Publilius I'liilo, dictator, B.C. 339, tlie Patres, i.e. the Patricians, were compelled to ratify bcforeliand whatever laws tlie Comitia Centuriata migiit detenniue — nt legum quae Comitiis Centuriatis fcrrcntur., ante initum sujfragium Patres auctores fierent (Liv. VIII. 12.)* iAIoreover, the foundations upon whicli the dominion of the Patricians and tho Comitia Curiata rested were gradually underiiiined after the expulsion of the kings, by the steadily increasing intlnencc of the Plebeians, who first of all extorted the right of electing, from tlicir own body, magistrates invested with great powers for the protection of their interests ; then organized their own constitutional assemblies, the Comitia Tributa ; tlien by the Iax Licinin (B.C. oG7) obtained a share in the consulship ; and finally, by the Lex I'ublilia, passed at the same time and 1 Dionys. II. 14. IV. 20. 84. V. 6. LIv. I. 43. IX 38. 2 Dionys. II. 7. 14. .50. IV. 71. IX. 41. Liv. I. 17. 59. VL 41. Varro LL. V. § 155. L.neL Fcli.x ap. Aul. Cell. XV. 27. ( Cic de lepr. acr. II. 11. 12. Liv. IX 38. Aul. Gell. V. 19. 4 Dionys. IK. 75. 84. V. C. 57. VI. 8!). VII. 38. 59. LIv. IL 56. III. 11. 31. * CondimcJ by the Lex Maenia B C. 2H(i. See Cic 1< t. 14. pre Plane. 3. • trap. Liv. L 17. COMITIA CUEIATA. 117 by the same person with tliat mentioned in the last paragraph, establislied the important principle that all laws passed in the Comitia Tributa shonkl be binding on the whole community — lU Plebiscita omnes Qidrites tenerent (Liv. I.e.) Upon this topic we shall say more in treating of the Comitia Tributa. From this time forward we hear little of the Comitia Curiata, whose influence may be regarded as having completely ceased when the Plebeians were admitted to a full participation in all political rights ; and this assembly would probably liave altogether disappeared had it not been closely connected with certain religious observances, which, according to the ideas of the people, could not, without sacrilege, have been committed to any other body. Of these, the most important were — 1. The granting of Imperium or supreme military command. Although the kings were elected by the Comitia Curiata, it was essential tiiat a second meeting of the same Comitia should be held for the purpose of conveying to the new sovereign Imperium, with which was always combined the right of taldng the Auspicia in the field, a duty and privilege appertaining to the commander-in- chief alone. Now, although the doctrine long and strenuously maintained by the Patricians, that they, and they alone, possessed tiie right of taking auspices, was set aside upon the election of Plebeians to tlie consulate, it was still admitted that the power of taking auspices must emanate from and be conferred by the Patricians ; and hence, after the election of consuls by the Comitia Centm-iata, a law passed by the Comitia Curiata (Lex Curiata de Imperio') conferring Imperium and the Auspicia was, in practice, held to be essential down to the very close of the republic. ^ Thus, Comitia Curiata quae rem militarem con- tinent — Consuli, si Legem Curiatam nan hahet, attingere rem militarem nan licet — Demus igitur Imperium Caesari sine quo res militaris administrari, teneri exercitus, helium geri non potest. ^ This meeting of the Comitia Curiata, although never dispensed with, became in process of time a mere form, and in the age of Cicero, the ceremonies were performed by an assemblage of the thirty Lictores Curiati, each representing his own Curia — Comitiis . . . illis ad speciem atque ad usurp)ationem vetustatis per XXX. lictores auspicioruji causa udumbratis — Nunc quia prima ilia Comitia tenetis, Centuriata et Tributa, Curiata tantum auspiciokum causa remanserunt. ^ It would appear from an expression dropped by Cicero — Maiores de omnibus magistratibus bis vos sententiam Jerre voluerunt * — that a meeting of the Comitia Curiata was anciently required to ratify the election of all magistrates ; but that when the procedure became a mere fonn, it was held to be essential in the case of the consuls only who thus received the auspices. 2. Arrogatio. — When an individual passed by adoption into a Gens to which he did not previously belong, the sanction of the Comitia Curiata was held requi- site, because, since each Gens and Familia had its own peculiar rites, (gentilitia sacra — sacra privata,') the act of passing from one Gens into another, implied that the individual adopted must be relieved from the obligation to perform one set of rites, and must bind himself to maintain new observances. In this case, the question being regarded as one of a purely religious character, the assembly 1 That there were some disputes upon this matter in theorv appears froni Cic. ad Fam. L IX. 13. i; Liv. V. 52 Cic. de leg. agr. II. 12. Philipp. V. 16. eomp. ad Fam. L i.v. 13. ad Att. IV 18. arl Q F. III. 2. 3 Cic. de leg. agr. II. 10. 12. * Cic. de leg. agr. II. 10. 118 COMITIA CURIATA — COMITIA CEXTUKIATA. was Iield by a Pontifex, and to tliis we find an allusion in the words addressed l)y Galba to Piso — Si te privatus Lege Curiata apud Pontifices, ut moris est, adoptarcm. ^ When a foreigner was admitted into a Patrician Gens, the process was termed Cooptatio; when a Plebeian entered a Patrician Gens, Adlcctio; when a Patrician passed from one Patrician Gens to another, Adoptio ; when a Patrician passed into a Plebeian Gens, Transductio ad Plebem, and he was said Transire ad Plebem^ the term Arrogalio comprehending all the varieties. ^ 3. Since it appears that the Curio Maximus was elected by Comitia, we can scarcely donbt that the Comitia in question must have been the Comitia Ciu'iata, although the words of Livy might lead to a difiereut conclusion. ^ COMITIA CENTURIATA. We have already (p. 69.) described the distribution of the whole body of Roman citizens by Servius Tullius into Classes and Centuriae. One of the chief results of this division Avas the establishment of the Comitia Centuriata^ which, during tlie whole period of the republic, was regarded as the most important of the constitutional assemblies, and was styled Comitiatus Maximus. * The great characteristic of the Comitia Centm-iata was, tliat from the period of its institution it was, in the strictest sense, a vatimial assembly, and not an assembly of one class or order. AVhile the Comitia Curiata was, at all times, composed exclusively of the Patrician Gentes, and wiiile the Comitia Tributa was, for a considerable period, confined to tlie Plebeians, the Comitia Centuriata, from the very beginning, comprehended all citizens whatsoever, {iiniversus Populus Romaiius,')^ the leading ])rinciple of classification being property, although both age and station exercised influence to a certain extent in the subordinate details. Cum ex aetate et censu suffragiiun feratur Centuriata Comitia esse.^ Oriuiiinl I'oiiMliaitioii of the Coniilia Ccnturintn We have seen (p. 70.) that the whole body of citizens was divided into 193 Centuries. When any question was submitted to the Comitia Centuriata it was decided by a majority of these Centuries. Each Century had one vote, and the vote of eacli Century was decided by the majority of the individuals who were included in that Centuiy. Consequently, ninety-seven Centuries would form a majority in the Comitia Centuriata. But it will be observed that the first class, together with the eigliteen Centuries of Equites made up ninety-eight Centuries, so that, if tlie Centiunes of Equites and of the first class were unanimous, they would alone decide any question, whatever might be the views and wishes of the remaining Classes. ]\Ioreover, since the Equites and the first class were composed entirely of the most wealtliy citizens, the aggregate of individuals contained in these ninety-eight Centuries must have been much smaller than in any otlier class ; in fiict, the number of individuals in each class would increase as the qualification became lower, and the lowest class, the sixth, would doubtless contain a larger number of individuals than all the other Classes taken together. Hence, the obvious effect of this system was to throw the whole power of the state into the hands of tlie wealthy, while those possessed of moderate means, and those who had little 'Tacit. Hist. I. 15. See also Suet. Octav. C5. Dion Cass. XXXVIL 51. Appian. B.C I If. !»4. 2 Liv. IV. 4. 16. Suet. Tib. I. 1. Ner. 1. Octav. 2. There is an important passage oc Adoptions in Aul. GtU. V. 19. 3 Liv. XXVII. 8. 4 Cic. de letfg. HI 19. comp. Orat. post. red. in Sen. 11. 6 Cic. do leg. ai;r. II. 2. « LaeL ap. Aul. Gell. XV. 27. CO-MITIA CEXTURIATA. 119 or no realized capital would have a mere nominal voice without real influence, except when dissension prevailed among the rich. Tliis must have been the object of Sei'vius, who intended the Comitia Centuriata to be the supreme constitutional assembly, and this design was probably carried into execution while he lived ; ^ but during the sway of the second Tarquin, all the principles and forms of the constitution were, in a great measure, set at naught, and his reign approached to a pure despotism. Coiuitia Ceninriala at the Commenceinciit of the Rrpiiblic. — After the overthrow of the monarchy, the whole power of the state was for a time wielded by the Patricians ; and although the Comitia Centuriata was not abolished, it occupied a dependent position, since no measure could be submitted to the Centm-ies without the sanction of the Senate, and no vote of the Centuries was held valid until ratified by the Comitia Curiata. But in the year B.C. 3o9, one hundred and seventy years after the expulsion of the Tarquins, the Leges Publiliae were passed, (see above p. 116,) which virtually abrogated the power possessed by the Comitia Curiata by declaring that the Patricians should be required to sanction by anticipation whatever laws might be passed in the Comitia Centuriata, and, at the same time, checked and limited the influence of the latter, by raising up a rival co-ordinate power in the Comitia Tributa, which was now elevated to the rank of a national assembly, and its ordinances, originally applicable to the Plebeians alone, were now made binding upon the whole community. Centiiria Pracrogaiiva. — According to the constitution of Servius Tullius, when the Centmies were called up to vote they were summoned in regular order, beginning with the Equestrian Centimes, then the Centm-ies of the first class, and so on in succession. ^ Hence, as pointed out above, if the Equestrian Centuries and those of the first class were unanimous, the question was decided, and it was unnecessary to proceed further with the vote. But at an early period of the commonwealth, ^ a very important modification of these arrangements was introduced, the Centuries were no longer called up in regidar order, beginning' ■with the most wealthy and gradually descending, but the Century first called upon to vote was fixed by lot. The Century upon which the lot fell was termed Centuria Praerogativa, those which immediately followed were called Primo vocatae, * the rest lure vocatae. This precedence in voting, which we might, at first sight, regard as of no moment, was rendered of great importance by the superstition of the Romans. The decision by lot was believed to be regulated by the Gods ; and thus, the vote given by the Centuria Praerogativa was looked upon as an indication of the Mill of heaven, {Praerogativam^ omen comitlorum, Cic. de Div. II. 40,) and as such, was followed, in elections at least, by a majority of tb"? Centuries. This is known to have happened not merely in particular instances, as when Livy (XXVI. 22.) tells us — aucturitatem Praerogativae omnes Cen- turiae secutae sunt— hnt Cicero expressly declares that there was no example upon record of a candidate for a public office having failed to carry his election if he obtained the suffrage of the Praerogativa — An tandem una Centuria 1 Dionys. IV.' 20. 2 Liv. I. 43. comp XLIII. 16. Dionys. IV. 20. VII. 59. 3 The first allusion to the practice seems to be in Liv. V. 18. where the historian is recording the events of B C. 306. i The primn vocatae may have been the Equestrian Centuries, but the matter is very doubtful. Livy (X. 22. ) uses the expression — nimque et jjraetogiitini et priino rncntae omnes centuriiie con.snlem dii-ebunt ; elsewhere (XXVII. 6 ) he speaks of the Centuries which foU lowed the pnterngiifirii as inre vocatiie, while the Pseudo .-^sconius ( .Act. i in 'Verr. 9.} saj% fraerogatiiae iunt tribus guue primae suffrasiumf.runt ante tare vocatas- 120 COMITIA CEXTUBIATA- Praerogativa tantum habet auctoritatis ut nemo unquam prior earn tuient quin renuntiatus sit. Cic. pro Plane. 20. In tlus wav the influence of the Tvealthv Centuries, although the chances were in their favour, might sometimes be neutralized, and a Century of the fifth class, or even the Capite Censi, might decide the fate of a candidate. Incorporation of the Cenlnries with the Ti^bes. — A change, apparently of a vital character, was introduced into the constitution of the Comitia Cen- turiata at some time or other during the commonwealth, but, unfortunatelv, every thing connected with the history of this change, important as it must have been, is enveloped in such impenetrable obscurity that we can determine neither the period when it took place nor form a distinct conception of its nattu"e and extent. All that we know with certainty amounts to this, that the Centtuies were somehow arranged so as to form component parts of the local Tribes, and hence the Tribe? are repeatedly mentioned in connection with the Comitia Centuriata, with which originally they had certainly nothing in common. ^ Various schemes have been drawn up with much ingenuity by different scholars, pointing out how this might have been effected without totally destroying the fundamental principles upon which the Comitia Centuriata were based. But it must be borne in mind that these attempts to solve the problem are little better than pure hvpotheses, the notices contained in ancient writers being so scanty and imperfect that they can, without violence, be accommodated to plans the most opposite. JSasincss transacted in the Comitia Centuriata. — This was threefold.^ 1. Election of magistrates. — 2. Enacting or repealing laws. — .3. Criminal trials affecting the personal and political privileges of Eoman citizens, to which we may add — The declaration of war and the conclusion of peace, although this is included tmder (2.) Magistrates. — The magistrates always elected in the Comitia Centuriata, were the Coasuls, the Praetors and the Censors, to which we may add the Decem- viri during the brief period of their existence, and the Trihurd ^lililares consulari potentate. ^ It would appear that the Cmoile Aediles and the Quaestors might be chosen either in the Comitia Centuriata or in the Comitia Tributa, at least such seems to have been the case in the time of Cicero. ^ We find also that in special cases the Comitia Centuriata nominated Proconsuls, and once it appointed a Prodictator. * There is some reason to believe that during the first years of the commonwealth the Comitia Centuriata could not vote for any candidates for the consulship unless such as had previously received the sanction of the Senate ; but this restriction, if it ever existed, seems to have been removed about B.C. 482. See Zonaras, as quoted by Niebuhr, vol. II. p. 205. Laws. — Any proposal for enacting a new law or repealing one already in force, might be submitted to the Comitia Centuriata by the presiding magistrate, provided it had previously received the sanction of the Senate (ex senatus- consiilto. Criminal Trials. — According to the laws of the XII Tables, no charge which involved the Caput (see p. 83.) of a Roman citizen, coidd be tried before any tribunal except the Comitia Centuriata — Tum leges praeclarissimae de 1 e (T. Liv. XXIV. 7. XXVIL 6. XXIX. 37. Cic. de leg. agr. XL 2. 2 Liv. III. 33. 3.i. V. 5-'. •'. Cic. pro Plane. '^). ad AtL IV. a ad Fatn. VIL Stt i Liv. XXVL 18. XXII. 8. COJirriA CENTURIATA. 121 XII Tabulis tralatae diiae: quarum altera privilegia tolUt: altera de Capile civis rogari, nisi maxima comitiatu, vetat. — Cic de legg. III. 19. pro Se^ 34. IVoni an early period, however, the Comitia Centiiriata was in the habit of delegating its autliority to commissioners, as we shall explain more fully in the chapter on criminal trials. magistrates tvho could ^nmnion and Preside at the Comitia Cen- turiata. — Of the ordinarv magistrates, the Consul, the Praetor Urlajws, and the Censor possessed this privilege, ^ and also the Decemviri and the Trihuni Militares consvlari potestate, at the period when these oiSces were in existence ; of the extraordinary magistrates, tlie Dictator, the Magister Equitum, and the Inter-rex; but all had not the same powers. Alien one only of the Consuls was in the city, it belonged to him to summon and preside at these assembhes, whatever the business might be — if both consuls were present, they usually decided by lot which of them should perform this duty — and when both were obliged to quit the city, they arranged beforehand which should return and preside at the elections. ' The Decemviri, the Trihuni Mili- tares consulari poteslute, the Dictator and the Magister Equitum, stood exactly in the same position as tlie Consuls. The Praetor Urhanus could hold the Comitia Centuriata for trials only, ' except in some rare cases in which he received special authority, and which must tiierefore be regarded as exceptions to the rule. * The Censors could preside only when the assembly was convoked for matters connected with their peculiar duty of taking the Censiis, and the Inter-rex, probably, at elections only. The^ first Consuls, according to Livy, (I. 60,) were elected in the Comitia Centuriata by the Praefectus Urhi; but on this point he is contradicted by Dionysius (lY. 84.) Preliminary Forms. — To some of these we have akeady adverted — 1 . The Senate fixed the day on which the assembly was to be held, having, in the case of laws, given their sanction to the measure which was to be proposed. 2. Public notice of the doy of meeting and of the business was given by a written proclamation, (^edictum,^ usually seventeen days (trinundinuni) before- hand. See above p. 113. 3. Immediately after midnight, on the morning fixed for the assembly, the auspices were taken as described, p. 112. 4. On the day of assembly a formal verbal proclamation was made by a public servant, a praecc, accensus, or cornicen, and in later times, according to Varro, by an Augur, calling upon the people to meet before the Consul. * Place of Meeting.— The organization of the Classes and Centiu:iae being originally essentially military, the people were wont, in ancient times, to assemble in martial order, and probably fully armed. Hence the Comitia Centuriata is frequently termed, especially in legal or sacred formularies, Exercitus urhanus — Exercitus centuriatus, or simply Exercitus — the presiding magistrate was said Imperare exercitnm, and when he dismissed the assembly, Exercitum remittere.^ But since it was contrary to the principles of the constitution that any body of armed men should congregate within the walls of the city, it was 1 To these, some would add the Quaextorp.t, at least in so far as trials in the earliest ages ■were concerned. See Varro. L.L. VI. § !)0. comp. Liv. IIL 24. •-■ Liv. xxxA^ fi. 2a XXIV. lo. 3 Liv. XXVI. 3. XLIII. 16. Dion Cass. XXXVII. 27. * Liv. XXV. 7 XXVII. 5. 5 Aul. Gell. XV. 27. and a somewhat obscure passage in Varro L.L. VI. §9.5. 6 Varro L L. VL § 8S. § 94. Fest. s. v. /{e;nmo, p. 289. Liv. L 43. XXXIX. l.i. Aul. GelL XUI. 15. XV. 27. 122 COMITIA CEXTCKIATA. necessary that the Coinitia Centuriata shoukl be held outside tlie Povmerium. Fron^the earliest times the Campus ^Martins was the regular place of meeting, and on one occasion only do we find the Centuries assembling in a different locality, (the Liicus Poetelinus, outside of the Porta Nomentcnia, beyond the Viminal,) but this was for the special object of avoiding the sight of the Capitoline. ^ Even after the practice of assembling in arms had long been discontinued, the Campus Martins continued to be the place of meeting ; and as a memorial of the precautions observed in ancient times, when Rome was surrounded by hostile tribes up to her very walls, to prevent a surprise, a detachment of men was posted upon the Janiculum with a red banner (vexillum ruji colons) displayed. In the early ages, when this banner was lowered it was a signal that danger was at hand, and the Comitia immediately broke up. The rule was never formally set aside ; and accordingly, in the time of Cicero, we find that the consul Metellus gave orders for the flag on the Janiculum to be strucli while the trial of Rabirius was proceeding, and thus succeeded ia breaking up the assembly before it came to a vote. ^ Form of Procedure. — The citizens being assembled, and no inteiTuption being announced from the auspices, tlie proceedings were opened by a solemn pr.ayer, {solemne carmen precationis — solemnis ista comitiorura precatio — loiifjnm illud comitiorum carmen,) offered up by the presiding magistrate, and the prayer was generally, if not always, preceded by a sacrifice. ^ The religious rites being completed, the president submitted to the meeting the matter upon which they were required to decide, and introduced his statement (praefahatur) by tlie solemn formula — Quod bonum, faustum, felix, fortunatumque sit. * In the case of an election, he read over the names of the different candidates, and might, if he thought fit, make observations upon their comparative merits. * After he had concluded, any magistrate of equal or superior rank, or any of the Tribunes of the Plebs, might address the multitude, and then private individuals, * if they could obtain permission from the president and the tribunes, might come forward to argue in favour of, or against, the measure — Ad suadendum dis- suadendumque prodihani — Pomaiiis pro condone suade.re et dhsuadere (so. rogationem) mori f Liv. X. 2i. XXII. 34. « It would appLvir from Dion Cass. XXXIX. 35. that private persons, occasionally at least •poke before the niapistr.ites. 7 Liv. XXXIV. 1. XLIL 34. Quintil. I. O. II 1. C05IITIA CEXTURIATA — COMITIA TRIBUTA. 11'3 the Other Centuries wei'e called up iu regular succession, beginning with the Equestrian Centiu-ies and the first class, an an'angcment which seems to have remained unaltered in tiie days of Cicero, although a bill was brought in by C. Gracchus to determine the precedence of the whole by lot — lex quam C. Grac- chus in tribunatu promulgaverat, lit ex confusis quinque classibus sorte centuriac vocarentur. But although it does not appear that this proposal ever became law, it would seem that tlie Centuries sometimes voted without paying attention to any regular order of succession, and were in that case said in ire confusum suffragium. ^ The manner of taking and counting the votes, of announcing the result, and dismissing the assembly, being common to all Comitia alike, have been already detailed in p. 108. COMITIA TKIBUTA. As the Comitia Curiata were at all times composed of Patricians alone, so there is every reason to believe that the Comitia Trihuta were originally confined to the Plebeians; the Comitia Centuriata being the only one of the three popular assemblies which, from the first, comprehended the members of both orders. Hence the Comitia Trihuta are frequently termed Concilia Plebis, a name which the}' retained even after they had ceased to be meetings of the Plebs exclusively, ^ and the decrees passed in them were called Plebiscita in opposition to the Leges of the Comitia Centuriata ; the resolutions of the Plebs being technically expressed by the verb sciscere, while the people at large were said iubere — Nullum illi nostri^ [maiores,] sapientissimi et sanctissimi viri vim concionis esse voluerunt. Quae scisceret Plebes, aut quae Populus iuberei; summota condone, distributis parlibus, tributim et centiiriatim descriptis ordinibus, classibus, aetatibus, auditis auctoribus, ix mitltos dies promulgata et cognita, iuberi vetarique voluerunt. ^ Origin and Progress of ilie Comitia Tribnta. — There can be little doubt, that the Tribes, fi'om the time of their organization by Servius TuUius, woidd occasionally assemble individually or collectively, for the discussion of mattei's connected with their local or general interests ; but these meetings did not assume the form or dignity of regular Comitia until the year B.C. 491, when the Tribes were convoked to give their verdict on the charges against Coriolanus, and this is regarded by Dionysius as the first example of a meeting of the Comitia Tributa properly so called. * But even this might be regarded as an extraor- dinary procedure, not to be recognised as a precedent, and we can scarcely consider the Comitia Tributa to have been placed upon a regular footing until twenty years later, (B.C. 471,) when Publilius Volero, Tribune of the Plebs, passed a law which ordained that the Plebeian magistrates, who had hitherto been chosen by the Comitia Curiata, should for the future be elected in the Comitia Tributa. ^ This secured regular meetings at stated periods ; but the legislative powers of the Comitia Tributa, in so far as the community at large was concerned, were not fu^ly established until a much later period. We find three distmct enactments on this subject — 1 Cic. Philipp II. 33. pro. Muren. 23. pro Cornel, fragm. Liv. XXIV. 7. XLIII. IG. VaL Max. VI iii. 4. SaUust. de orrtiu. rep. Epp II 8. 2 Liv. Ill 54. XXV. 3. 4. XXVIT. 5. XXXIX. 15. 8 Cic. pro Flacc. 7. Aul. Gell. X. 20. XV. 27. Fest. s.v. Popnli, p 233. 4 Dionvs. VII. .')9. 6 Liv. IL 66. Dionys. IX. 41. Zonar. VII. 17. ■^24. COIIITIA TKlliCT^U 1. Lex Valeria Iloratia, passed by L. Valerius and M. Horaiius wticn Consuls, B.C. 449, who legem Centuriatis Comiliis tulere, ut quod irihutim Plebes iussisset^ Populum teneret. ^ 2. Lex Puhlilia, passed by Q. Piibliliiis Pliilo when Dictator, B.C. 339— Ut Plebiscita omnes Quiritex tenerent. - 3. Lex Hortensia passed by Q. Ilortensius when Dictator, B.C. 286 — Ut Plebiscita universum Populum tenerent. ^ It would, at first sight, appear that these laws, although spread over a space of a hundred and sixty years, were absolutely identical, each providing that tha Plebiscita^ or ordinances passed by the Plebs in the Comitia Tributa, should bft binding not on the Plebs alone, but on the whole body of the Roman people (^Qidrites — univcrsus Populus B.omanus.) The difficulty may be explained by supposing that the Lex Valeria Horatio, gave to Plebiscita the force of Leges, provided they were sanctioned by the Senate before being submitted to the Tribes, and subsequently ratified by the Comitia Curiata, that the Lex Publilia deprived the Comitia Curiata of all right to interfere, and that the Lex Hortensia declared the consent of the Senate to be unnecessary. This, it must be under- stood, is merely a hypothesis ; but it is not improbable m itself, and is in accordance with what we know positively with regard to the progress of the constitution. From the passing of the Lex Valeria Horatia, the Comitia Tributa assumed the right of discharging functions of the same natiu'e as those committed to the Comitia Centuriata, that is, the election of magistrates, the enactment of laws, and the trial of criminals. And we can have little doubt, that from this time forward the Patricians and their Clients voted in these assemblies, while we have no evidence to prove that this took place before tlie enactment of the laws of the XII Tables, B.C. 450. It is true that, theoretically, those matters alone ought to have been sulmiitted to the Comitia Tributa which -were conceived to affect peculiarly the interests of the Plebs ; but it is easy, at the same time, to perceive that this principle, even if fully recognised, would admit of great latitude of interpretation in times of popular excitement. After the Plebeians were admitted to a full participation in the honours of the state, there appears to have been little collision between the Comitia Centuriata and the Comitia Tributa, each assemljly had its own duties defined with sufficient distinctness, to which they, for the most part, confined themselves. Those which fell to the Comitia Tributa in the three departments noticed above, may be briefly enumerated. :Wngi!. — All the foiTualities with regard to auspices^ and sacrifices were dispensed with in the Comitia Tributa. The only obstacle seems to have been the fonnal announcement, {ohmntiatio,) by a qualified person, that he was observing the heavens (se servare de codo.) See above, p. 113. Comp. Cic. in Yatin. 2. iflode of Frocednre. — The people having assembled, the president explained to the meeting the matter for which it had been called together ; if a law was proposed, it was read over by a clerk {scriba) or public crier; (praeco ;) if an election was to take place, the names of the candidates were proclaimed by the president, who then introduced those who were desirous of speaking. No one could address the assembly without his permission except a Tribmie, any one of whom could at once put an end to the proceedings by his Veto. Totins. — When the matter had been sufficiently discussed, the multitude, who had been standing promiscuously, now separated and divided into their respective Tribes. Lots were then cast, decidmg the order in which each tribe should vote, that which was called upon to vote first being styled Tribus Principium or Tribus Praerogativa and the Tribes which followed lure Vocatae. The votes were originally given viva voce, afterwards by ballot, as explained above, p. 108. Each Tribe had one vote, the vote of the Tribe being decided by the majority of individuals who composed tlie Tribe, and the majority of Tribes deciding the question at issue. Although the Comitia Tributa was the most democratic in its constitution of all the popular assemblies, the classification of the voters, depending entirely upon their place of residence, without reference to descent, fortune, or age, it must not be supposed that the suftrage of each citizen had equal weight in deciding a question, since this could only have been the case had each Tribe contained exactly the same number of voters. When Servius TuUius first distributed the people into local tribes, the sum total of those who lived constantly in the city 1 Liv. II 56 Iir. 31. 55. C4. IV. .S7. V. 17. XXV. % 4. XXVII. SO. XXX. 41. Dionys. VL 89. IX. 41. seqq X. 48. Cic. pro Sest. 3.3. de leg. agr. II. 9. pro I'lanc. 20. in Vatin. 6. AuL G.-U IV. 14. Val. M-.X. VI i 7. -• Liv. III. .54. XXV. 3. XXVII. 21. XXXIII. 25. XLIII. IG. Cic. ad Fam. VIL 30. ad Att. I. !. IV 3. I'lut. C. Gracch. .3. i On this a doubt may exist, .see p. 110. and the references in note COillTLV TRIBUTA — COMITIA CALATA, 127 was not very great, aiid the Roman territory was divided among a very large body of small proprietors, so that the number of individuals in each of the four regions of the city did not, probably, greatly exceed the number of tliose who were enrolled in the twenty-six countiy districts. But, as the population of Rome increased, the estates around became more extensive, and the number of proprietors and of free labovu-ers diminished, so that the disparity of numbers in the City and the Rustic Tribes must have been striking, although this was, to a certain extent, counterbalanced by the enrolment in one or other of the Rustic Tribes of the inhabitants of those Municipia who, from time to time, were admitted to the full Civitas. The Tribe to which each citizen belonged was, strictly speaking, determined by the place of Iiis abode ; but a wide discretion seems to have been left to the censors, under whose inspection the lists were made up. Accordingly, we find that Appius Claudius, (censor B.C. 312,) who seized every opportunity of mortifying the aristocracy, in order to render the Comitia Tributa more democratic, and to neutralize the influence of the country voters, dispersed the lowest class of citizens among all the Tribes (Jmmilibus per omnes tribus divisis Foruir st Campum corrupit . . . Ex eo tempore in duas partes discessit civitas. Aliud integer poptdus, faidor et cidtor bonorum, aliiid forensis /actio tenebat.) ^ This aiTangement was, however, overthrown by Q. Fabius Rullianus, who, when censor, (B.C. 304,) enrolled the whole of the ''forensis turba" in the fom* city tribes, and thus gained for himself and his descendants the title of Maximus — Fabius, simid concordiae causa, simul ne humilliinorum in manu Comitia essent, omnem forensem turbam excretam in quatuor tribus coniecit, urbunasque eas appellavit. ^ The changes which took place from time to time regarding the Tribes in wliich Libertini were enrolled have been already noticed. See p. 102. COMITIA CAI.ATA. In addition to the Comitia Curlata, C. Centuriala and C. Tribida, we find a fourth species of Comitia mentioned, although rarely, by ancient writers, under the name of Comitia Calata, and much discussion has taken place among scholars with regard to the nature and object of these assemblies. Our chief information is derived from the following passage, in Aulus Gellius (XV. 27.) — In libro Laelii Felicis ad Q. Mucium prima scriptum est, Labeonem scriberc, Calata Comitia esse, quae pro collegio pontificum habentur aid Regis ant Flaminum inaugurandorum causa. Forum autem alia esss Curiata, alia Centuriata. Curiata per lictorem Curiatum calari id est, convocari: Cerduriata per cornicinem. lisdem Comitiis quae Calata appellari diximns, et Sacrorum Detestatio et Testamenta fieri solebant. Tria enim genera testamerdorum fuisse accepimus; unum, quod in Calatis Comitiis, in condone populifieret, &c. It appears from this — 1. Tliat the Comitia Calata was an assembly held by the Pontifices, and here we may remark that the verb Calare, meaning to summon, was in ordinary use among the Roman priests, whose attendants were termed Calatores. 2. That the people assembled sometimes in Curiae and sometimes in Cen- luriae. 1 Lir. IX. 4G. 3 \Av. I c. 3 Varro LI,. V. § M. VI. § IP. 27. Paul. Diac. s.v. Calatores, p. 38. Macrob. S. L 11^ Strv ad Virg. G. L 2<^li. JEiu VUI. tijl. 128 COMITI.V CALATA. 3. That the objects for which these meetings were held were threefoUl — («) For the consecration of certain priests, the Rex Sncrijiculus and the Flamines • — {h) For the making of wills — (c) For the Detestatio Sacrorum. From a full consideration of the above, and all other passages bearing upon this subject, it appears probable that these assemblies were of the same nature as those held in the Capitol, in front of the Curia Caluhra^ (see p. 26,) to which the people were convoked (ccdahardnr) on the appearance of each new moon, when one of the Pontiticcs or the Eex Sacrificulus made proclamation (calando prodehat) of the distribution of the Nones and Ides for the month, and also of the days consecrated to the -worship of the gods. It seems certain, moreover, that in the Comitia Calata, for wJiatever purpose summoned, the people at large were altogether passive, being merely listeners receiving infor- mation, or witnesses beholding some formal procedure. ^ With regard to the making of wills, we find a distinct assertion in Gaius (11. § 101.) — Tesiamentorum autem genera initio duo fiierunt: nam aut Calatis Comitiis faciehant, quae Comitia his in anno testamentis faciendis destinata er-anf, &c. — and then proceeds to say, that the practice of making wills in this manner had fallen altogether into disuse. A will made in the Comitia Calata was, in all probability, a formal public declaration by the testator, of the manner in which he wished his property to be disposed of after death, and this method was resorted to at a period when written documents were little employed, in order that his real wishes might be proved by a multitude of witnesses, and all dispute and litigation thus obviated. With regard to the Detestatio Sacrorum it is impossible to speak M'ith confi- dence, since the expression is found nowhere except in tlie passage quoted above. It is generally believed to have been a formal declaration npon tiic part of an heir, that he renounced certain sacred rites which were occasionally attached to property, - such renunciation requiring the sanction of the Pontifex Maximus, given in presence of the assembled people. If the views explained above are correct, it follows that Comitia Calata approached more nearly in their character to Condones than to Comitia properlv so called, since the essence of Comitia was wanting, the people not being asked to vote upon any proposal, but summoned merely to see and to hear ; and this is confirmed by the expression of Aulus Gellius — Tria enim genera tesiamen- torum fuisse accepimus unum quod Calatis Comitiis in concionk rorinj fieret, &c. Comitia under the Kmpirc. — This subject may be dismissed in a very few words. Comitia Curiata. — The Comitia Curiata continued to meet under the Empire, for the purpose of confirming adoptions. Leges Curiatne were passed, ratifying the adoption of Tiberius by Augustus and of Nero by Claudius. The ceremony is alluded to as common in the speech of Galba, reported by Tacitus, and although at a later period the consent of the Senate was held to be sufficient, the ancient practice was not formally abrogated until a law was enacted (A.D. 28G) by Diocletian declaring — Arrogntio ex indulgentia pi-incipali facta, perinde xmlet apud Praetorem vel Praesidem intimata, ac si per Popidum iurc anliquo facta essct. ' 1 Vnrro L.L. V. § 1.3. VI. } in. 27. Paul. Uiac. s.v. Calatores, p. 3S. Macrob. 8. I. 15. 8erv. ad Virg. G. I. 2(53. jEn. VIII. (i.'it. 2 Cic. do leRK. 11. 21. S Suet. Octav. C\ Tacit. Ann. XIL 2C. 11. Hist. L 15. Dion Cass. LXIX. 20. LXXIX. 11. Cod lust. VIIL xlviii. 2, COMITIA UNDEU THE EMPIRE. 129 Comitia Centuriata and Comltia Tribuia. — "We liave seen that the prero- gative of the people, as exercised niuler the republic, in these Comitia, was fbuifold — 1. To dechire war and to conckule peace. 2. To act as a supreme court of criminal judicature in all cases affecting the life and privileges of a Roman citizen. 3. To enact laws. 4. To elect magistrates. 1. With regard to the first of these Tiiatters, the people seem never to have been consulted after the battle of Pharsalia. ^ 2. Their direct interference with the second had been, in a great measure, rendered unnecessary, by tlie institution of the Quaestiones Perpetuae, which we shall discuss at large hereafter. Tliey still, however, even in the age of Cicero, acted as judges in causes, such as that of Rabirius, for which no separate court had been established, and their control over criminal prosecutions was fully acknowledged in theory until they were finally deprived of all jurisdiction by Augustus. 2 3. They retained the power of enacting laws, ostensibly at least, for a longer period. Augustus submitted several measures to the people in their Comitia according to ancient forms, and in some instances met with sucli strenuous opposition that he was compelled to modify his proposals. His example was followed to a certain extent by Tiberius and Claudius ; and the assemblies appear to have been occasionally summoned for legislative purposes as late as the reign of Nerva. Gradually, however, the epistles and decrees of the Prince and the resolutions of the Senate, passed with his approbation, supei'seded all other legislation ; and we have no reason to believe that any bill was ever submitted to the Comitia after the close of the first century. ^ 4. The Comitia were still summoned for the election of magistrates in the second century, but they did not possess even a shadow of power. Julius Caisar and Augustus recommended, as the phrase was — Commendo vnh's — the persons whom they desired to raise to the Consulship, and also one half of the number of candidates requisite to fill the other offices of state, professing to leave the remaining places open to free competition, and Augustus even went through the farce of canvassing the electors in person on behalf of those whom he had named. * But under Tiberius, the little which had been left by his predecessor was taken away ; and while the Emperor still continued to nominate the Consuls and a certain number of the magistrates of inferior grade, the rest were selected by the Senate. However, when Tacitus says (Ann. I. 16) — Turn prim urn e Campo Comitia ad Patres translata sunt — he does not mean to assert that popular assemblies for the election of magistrates M'cre no longer held, but merely that they thenceforward ceased to exercise any real influence. * The Comitia Centuriata were regularly summoned, and met, as in the olden time, in the Campus Martins ; and down to the period indicated above, the proceedings seem to have been conducted with due regard to all ancient forms and ceremonies. A Consul presided, auspices were observed, prayers and sacrifices were offered up, and even the red flag was hoisted on the Jauiculum ; ^ but the people, instead of 1 See Dion Cass. XLIl. 20. 2 Dion Cass. LVI. 40. 3 Suet. Oetav. 34 Vesp. II. comp. Senec. de benef. VI, 32. Gaius I. § 4. 5. Digest. T. W. 2. 5 12. iii. 9. iv. 1. The words of the Institutions I. ii. ."i. are very distinct. 4 Suet. Caes. 41. Octav. 40 58. Vitell. 11. Tacit. Hist. I. 77. corap. Dion Cass. XLII. 20. XLIII. 4.5. 47. .51. LUI. 21. LV. 34. Appian. B.C. I. 103. 6 Tacit. Ann. I. IG 81. Velleius II. 124. 12G. Dion Cass. LVIII. 20. 6 Suet. Vesp. 5. Dom. 10. Plin. Panegyr. 63. seqq. Dion Cass. XXXVII. 28. LVIII. 20. comp. Vopiso. Tacit. 7. K 130 COMITIA UNDER THE ESIPIKE. being called upon to clioosc freely from a. numerous body of aspirants, were required merely to give tlicir sanction to a list, previously drawn up by tlic Prince and tiie Senate, containing the exact number of individuals requisite to fill tiie vacant offices, and no more. An attempt was made by Caligula to make over once more the elections to the people, but the arrangements of Tiberius were soon restored. ' Although the people were thus altogether excluded, the power of selection intrusted to the Senate was, under some emperors at least, exercised freely. Tliis appears from the accounts transmitted to us by the younger Pliny of tiie zeal with which the Senators were canvassed and bribed, just as the larger constituencies had been in former days ; of the violent party spirit exhibited, and of the scenes of tumult and confusion which arose, and which rendered the introduction of tip ballot expedient, forcibly contrasting these disorders with the grave and dignified composure Mhicli had characterized the proceedings under the first Emperors. - It would appear that at the beginning of the fourth century the people had ceased to be called together even as a matter of form, and by writers who flourished at the close of that century the Comitia are spoken of as political institutions understood by antiquarians only." The words of Symmachus (fl. A.D. 380) are very distinct as to tiie practice in his time — IntelUgumus nosin seculi bona : ahest cera furpis, dirUntio comipta cUenlelarum cuneis^ sitella venalis. Inter Senatum et Principes Comitia transiguntur : eligmit Patres, conjirmant Superiores. (Orat. ined. p. 40. ed. Mai.) 1 Suet. Cal. 1*5. Dion Cass. LIX. 9. 20. comp. Juv. S. X. 77. Modest. Digest XLVIIL xIt 1. Dion Cass. LII. 30. 2 Plin Epp. IIL '20. comp. IV. 23. VI. 19. Tacit. Ann. IV. 8. XIIL 29. Dion Casi LXXVIII. -.^2. S Arnob. adv. gent. II. 67. Ammian. MarcelL XIV. ?, CHAPTER V. MAGISTRATES OF THE REGAL AND REPUBLICAN PERIODS AND UNDER THE EARLY EMPERORS. ' EEGES, For two lumdrcd and forty-four years after the founclation of the city, tho administration of public affairs was in tlic hands of cue supreme magistrate, who held his office for life, with tlie tiiic of Rex. Duties discliargcd by the Kiug. — The functions of the King were three- fold— 1. He was the supreme civil magistrate, the upholder of order and the laws ; he alone had the right to summon meetings of the Senate and of the Comitia and to guide their deliberations, and he presided in all courts of justice. 2. He was commandcr-in-cliicf of the armies of the state. 3. He was chief priest, and as sucli, exercised a guiding iiafluence ovei all matters connected with public religion. Mode of Klt^ctioii. — Although the office of King was held for life, it was not a hereditary but an elective monarchy. When a King died, the supreme power {summa potestas) having proceeded from the Patricians, who constituted the Populus, was supposed to return to them (^i-es ad iiatres rediit.) Tliey were forthM'ith summoned (convocabantur) by the Senate; tiicy assembled in the Comitia Curiata, and proceeded at once to choose, out of their own body, a temporary King (j)rodere interregeni) to discliarge the duties of the regal office until matters were ripe for a new election. This Intcrrex remained in office for five days, and tiien himself nominated (prodidit) his successor, wlio continued in office for a like period. It was understood that the Comitia for the choice of a new King was not to be iield by tlic first Intcrrex, but tiie second might proceed to the election ; if a longer period was required for deliberation, a number of luterregcs miglit follow in succession. At length t!ie Intcrrex and tiic Senate fiaving, in all probability, made arrangements as to the person to be proposed, and the Coinitia Curiata, consisting entirely of Patricians, iiaving been regularly summoned by tiic Intcrrex, tlie individual nominated by a majority of the Curiae was clioscn (crcains est) King; but the Curiae were restricted to those candidates wiio iiad received the sanction of the Senate, and were proposed by the Intcrrex — TuUiim Uosti'diim popuMis Regem, interrege rogcihtc, Comitiis Curiatis creavit. AVhcn the result had been announced by the Intcrrex who presided, tlie monarcii elect was conducted by an Augur to tliC Arx, and there seated on a stone called the Auguraculum, with his face to tlie south. The omens 1 The best summary of all that is known with re-rard to the Roman mag'strates will be found in Bkckkk, Handbuch der Rdraischen Altherthiimcr, liter. Theil. ite. Abtheil. p. 29i -^9; 2to. AbtheiL p. i—ii>6. and the continuation by MABQCAKtT. 132 EEGES— TRIBU^a•S CELERUM — PRAEFECTUS XJRBI — QUAESTORES. ■were then observed, and if favourable, the fact was announced by the auf^r to the multitude assembled in tlie Forum below ; and the choice of the Curiae, in so far as the priestly character of tlie monarch was concerned, was declared to be ratified by the approval of the gods. ^ Finally, the new King summoned the Comitia Curiata, and submitted to them a law conferring Imperinm upon himself, - and this ha\nng been passed, ^ the ceremonies were held to be complete. Such, as far as we can gather, from the indistinct and inconsistent statements of those writers who have touched upon this obscure period, were the forms anciently observed. The accounts with regard to the Interrex are especially contradictory, and the authors who speak with the greatest precision, evidently took it for granted that all the rules and usages connected with the Interrex of the republican times were identical witli those in force in regard to the fimctionary who bore the same appellation in the days of the Kings. * Servius Tullius was,' we are told, tlie first King who seated himself upon the throne without having been duly elected by the Comitia Curiata, (iniussu popnli,) but he obtained their sanction to a Lex Curiata de imperio (Cic. de II. 21.) luNigaia of the Kings. ^ — These W'Cre — 1. Twelve attendants, called Lictores, each bearing a bundle of rods, with an axe in the midst, {fasces cum securibus,) emblematic of the power of scourging and of life and death. 2. Sella CuruUs, a chair of state ornamented with ivory. 3. Tofja Praetexta, a white cloak oi; mantle with a scarlet border, or some- times a Toga Picia, a cloak embroidered with figures. 4. Ti-abea, a tunic striped with scarlet or piu-ple. TRIBUNUS CELERXJM. The Tribunus Celerum or commander of the cavalry, occupied the second ■place in the state, being a sort of aid- de-camp to the King, and his representative in military affairs ; "^ on the other hand, the CUSTOS URBIS S. PRAEFECTUS URBT was an officer appointed by the King to act as his deputy when compelled to quit the city. ^ There were also QUAESTORES ; but we shall reserve our remai-ks upon these imtil we discuss the Quaestors of the commonwealth. We now proceed to treat of the magistrates under the republic, commencing with the — CONSULES. Origin of the uoice Upon the expulsion of the Kings, it was resolved, in ar«ordance, we are told, with a suggestion contained in the commentariea of 1 Liv. I. 18. Plut. Num. 7. Paul. Diao. s.v. Auguraculum, p. 18. 2 Cic. de. R. II. 13. 17. 18. 21. ■<* This last sanction was e-\presscd by the phrase Patres auclores fiant — Palres auctoru ftierunt. See I.iv. I. 17. * The chief autliorities are. Cic. de R. II. 12. Liv. I. 17. 32. HI. 40. IV. 7. V. 31. VI. 4L VII. 17. 21. VIII. T.I. Dionys. II. 57. GO. III. afi. IV. 34. 40. 80. VIII 90. Phit. Num. S. Appian. U.C. I. U8. Dion Cass. XL. 4.i. Ascon. et Scliol. Hob. in Cic. pro Milon. 5. 6 The whole of these seem to have been of Ktruscan orik'in. Liv I. 8. Cic. de R. It 17. Plin. II.?}. VIIL 4'i. IX. 29. Macrob. S. I. C. Ovid Fast. I. 37. 11. .'501. Juven S. VIIL 259. t Dionys. IV. 71. I.vd. de magist. I. 14. Pooipon. de orig. iuris. Digest. 1. ii. 15. 7 TiLcit. Ann. VL ll' CONSULES. 133 Servius Tullius, ■who, it was believed, contemplated tlie establishment of a repub- lican constitution, to place the executive in the hands of two supreme magistrates, who might act as presidents of the infant commonwealth. ^ These two magistrates were originally designated Pkaetores, - that is, leaders, {quod populo praeirentf^ and sometimes ludices;'^ but both of these appcllationa were superseded at an early period * by the title of Consules, bestowed, it would seem, because it was their duty to deliberate for the welfare of the state, {consulere reipublicae,) while the names oi Praetor and Index were eventually- transferred to other functionaries. Original Jurisdiction of the Consuls. — The Consuls at first exercised pre- cisely the same powers, both civil and military, as the Kings — Uti consules potcstatem liabercnt tempore dumtaxat annuam^ genere ipso et iure regiam — Regio imperio duo sunto;^ but from the immutability believed to attach to things sacred, it was held that certain holy rites, which in times past had been performed by the Kings, could not be duly solemnised by persons bearing a different title and holding ofhce according to a different tenure. Accordingly, a priest was chosen for the special purpose of dischargmg these duties, and was designated Eex Sacrorum or Rex Sacrijictdus. But although the civil and military functions of the Kings were transferred to the Consuls, the power wielded by the latter was very difl'erent in consequence of numerous important limitations and restrictions — 1. The Consuls were always two in number (imperium duplex.') When both were in the city or in the camp together their power was equal, and neither could take any step without the consent of the other. Moreover, an appeal lay from the judicial sentence pronounced by the one to the other (appcllat'w collcgae) who had the right of cancelling the decision (intercessio coUegae.) '^ If a Consul died or resigned while in office, the remaining Consul was obliged to summon the Comitia for the election of a colleague {suhrogare s. sufficcre collcgani) to fill the vacant place for the remainder of the year ; and a Consul so chosen was termed Consul suffectus, in contradistinction to Consules ordinarii, elected in usual manner. There are only foiu-, or rather two, instances upon record of this rule having been violated during the period of the republic — one in B.C. 501, soon after the institution of the office, when the death happened so near the close of the official year that a new appointment was considered unnecessary — the other in B.C. 68, when L. Caecilius Metellus having died, and the Consid suffectus chosen to fill his place having also died before entering upon office, a second election was I'cgarded as ominous, and Q. Marcius Rex remained sole Consul. Cn. Papirius Carbo, after the death of his colleague Cinna, (B.C. 84,) remained sole Consul for nearly a year ; but this was during a period of civil war, when the forms of the consti- tution were altogether disregarded; and again, iu B.C. 52, Cn. Pompeius was deliberately elected Consid sine collega ; but this was at a juncture when the extraordinary disorders in the state called for extraoi*dinary remedies, and 1 Liv. I. 48. 60. Dionys. IV. 40. 2 Liv. VII. 3. where the Consul is styled Praetor Mayimws. Plin. H.N. XVIII. 3. Varro L.L. V. §. 80. Fost. s.v. Maximum Praetorem, p. 161. Aul. Gell. XX. 1. 5 Varro L.L. VL § 88. Liv. III. 5-5. Cic. de legg. III. 3. It may be doubted, however, whether the term Indices, which manifestly refers to their judicial functions, was ever applied as a general title. * According to Zonaras (VII. 19.) the title Comul ■via.s introduced in B.C. ii'J, upon the expulsion of the Decemvirs. « Cic. de R. II 32 de legg. III. 3. 6 Dionys. X. 17. Liv. IL 18. 27. IIL 34. 33. 134 CON^SULES. Pompeius, after holding office alone for five months, assumed his father-in-law, Q. Cacciliiis Metelliis Fins Scipio, as liis colleague.^ 2. Tlie Kings held office for life, and were irresponsible; the Consuls remained in office for the fixed period of one year only, {iinniann imperium,') and when they laid doAvn tlieir magistracy, might be bronglit to trial before tlie people if accused of malversation. It very rarely hajipened that tlie same individual was Consul for two years consecutively, and Avheu this did happen, it could only take place after a fresh election, and no one, Avhen presiding at an election for this or any other office, could receive votes for himself. The only exception to the above rule is to be found in the case of Cinna and Blarius, who, in B.C. 84, continued in the Consulship without re-election ; but this was an open and avowed violation of the constitution (Liv. Epit. LXXX.) 3. The Lex Valeria^ passed in the yea-v of the first Consulate (B.C. 509,) by P. A^alerius Poplicola, ordained — Ne quis mar/istratus civcm liomanum adversiis provocalionem necarct neve, vcrberaret (Cic. de Pu II. 31.) Of this and of the other laws De Provocalione, which Mxre the great charters of the personal fi-ccdom of Roman citizens, we shall speak more fully when we treat of the adniiiiistratiou of the laws. 4. The control exerciseil by the Tribunes of the Plebs, (B.C. 494,) of which we shall treat in the next section. 6. In process of time their influence was still further diminished by the institution of several new magistracies, to the holders of which, the Praetors, Aediles, Censors, &c. were committed many duties originally intrusted to the Consuls. But notwithstanding these limitations, the power of the Consuls was at all times very great, and the office was alwa3-s regarded as the highest in the state, the great object of ambition to all who aimed at political distinction. Wc must consider their power uiuler two hcacLi — • 1. As civil magistrates (potestas.) 2. As military connnanders (impcrinm.') Poicsias of ilic I'oiisiiIk. — '\Mule the Consuls remained in the city they were at the head of the government, and all otiier magistrates, with the excep- tion of the Tribunes of the Plebs, were subject to their control. Tiiey alone could summon meetings of the Senate and of the Comitia Centuriata ; they alone could preside at such meetings and propose subjects for deliberation to the former, and laws for the approbation of tlie latter ; ^ and they formed the medium of com- munication between the Senate and foreign powers. Until the establishment of the Praetorship and the Censorship, they acted as supreme judges in the civil and cri-.ninal courts, and superintended the enrolment and classification of the citizens. In virtue of their office, tlicy possessed the right of snnnnouiiig any one to appear before them, (vocatio,) and if he delayed or refused, they could order him to be brought by force, (jireJieiixii),) AAlicther present or absent. In order to execute their commands, each was attended l)y twelve officers, called Liclorex, who marched in single file before the Consul, the individual nearest to the magistrate being termed proximns Lictor, and being regarded as occupying a more honourable post than the rest. 'When the oflice of Consul was first instituted, each Lictor carried a bundle of rods (Jasces) with an axe (s(:curis) stuck in the midst, to indicate that the Consul possessed the power of scourging and putting 1 r.iv. Xr,T. 18 Epit. LXXXIll. CVII. Vclleius II. 24. Dionys. V. 57. Dion Casa. XXXV. 4 XL. .')'!. .M. 2 To wliat txtfjit the Tribunes of the Plebs arrogated to themselves several of these func- tions (vill be bucn in the next bcciion. CONStTLES. 135 to death those wlio disobeyed his commands. But by the Lex Valei la. (see above, p. 134,) it was ordained that the axe shonld be removed from tlie Fasces of the Consul wliile in the city, secures de fascibus demi jiissU, (Cic. de R. II. 31,) and when tlie Consuls appeared in the Comitia, tlieir Lictors were compelled to lower their Fasces (fasces submittere) as an acknowledgment of the Bovereignty of the peojile. Inipi'i-iuin of the Consul!^. — The vote of the Comitia Ccnturiata, by which the Consuls were elected, conferred upon them civil authority only, (potestas,) but as soon as they entered upon office, military power also, (imperium,) and the right of taking the auspices (auspicia) were bestowed by the Comitia Curiata. This, under the republic, ■ivas, as we have seen, a mere form, but a form never dispensed with. (Read what has been said upon this subject when treating of the Comitia Curiata, p. 117, see also p. 110.) The Consuls were, for several centuries, occupied almost exclusively with military operations, and in this capacity they had the supreme connuaud of the armies committed to their charge, and of all matters connected with the prose- cution of war in the field ; but they could not make peace or conclude a binding treaty without the consent of the Senate and the Comitia, and by the former the number of troops to be employed, their pay, clothing, and all other ntcessaiy supplies were voted (e.g. Liv. XLIV. 16.) In their capacity of generals-in- chief, the Consuls were mvested with absolute power over their soldiers, and coidd inflict, if they saw fit, even the punishment of death, and hence, when in the field, their Lictors bore axes in the Fasces. Relntioii in ■wIiicBi sIjc Consuls stood to rnch oilier. — Wc have already remarked that the two Consuls were upon a footing of perfect equality, and that one miglit at any time stop the proceedings of the other, or, wlien appealed to, cancel his decisions. But -i\hen both Consuls were in the city, it was the invari- able practice, in order to prevent confusion and collision, that each Consul should in turn, usually for the space of a month at a time, assume the principal place in the direction of public aft'airs. That Consul whose turn it was to take the lead, was attended in public by his twelve Lictors, who marched before him as above described, while his colleague appeared either altogether without Lictors, or his Lictors walked behind him, and he was preceded by an ordinary messenger, termed Accensus. Hence, the acting Consul is described as tl:e one penes quern fasces erant, or cuius fasces erant. ^ The individual who had the Fasces during the first month seems to have been termed Maior Consul, and the precedence was probably determined by seniority in years. ^ When both Consuls were with the same army tiie troops were divided between them, each taking special charge of one half, and they assumed the supreme command upon alternate days, unless one voluntarily yielded to the other. •* When any doubt or competition arose with regard to the performance of particular duties, the matter was usually settled by lot. * Jlore will be said upon this point in treating of the provinces. niodc of K lection. — The Consuls, from the period when the office was instituted until the downfall of the republic, were always chosen by the Comitia Centuriata, and the as.sembly convoked for that purpose could be held by no magistrate except one of the Consuls, or a Dictator, or an Interrex. The election, 1 Cic. de R. II. 31. Liv. 11. 1. VIII. 12. IX. 8. Dionys. V, 2. IX. 43. Suet. Caes. 20. 2 See on this controverted point Cic. de. R. II 31. V.il Max. IV. i. 1. Plut. Popl. 12. Dionys. VI .')7. Aul. Cell, II. \n. Kest. s.v. Mn.iii/inm Priiitarem, p. IGl. 3 Liv. III. 70. XXII. -n. 41. XXVIIL 9. Polyb. IIL 110. VI. iO. * Liv. IL 8. IV. •2G. XXIV. 10. 136 CONSULES. towards the close of the republic, if not internipted oy civil commotion, generally took place in July, some months before the Consuls entered upon office, in order to give full time for ascertaining that no corrupt pi-actices had been resorted to. This, however, was not the case in the earlier ages, and at no period was a specific time fixed for holding the election, nor was there any law requiring that a certain space should intervene between the election and the induction into office. Order iroui -which the Coiasiils -were chosen. — The Consuls were Origi- nally chosen from tlie Patricians exclusively ; but after a fierce and protracted struggle, continued for nearly eiglity years, (B.C. 445 — 367,) towards the close of which, if we can trust the narrative of Livy, the republic was left for five yeara in succession (B.C. 375-37 1 ,) without Consuls or any other magistrates wlio might supply their place, (solitiido magistratuum^ Liv. VI- 35 ;) at length the Lex Licinia ■was passed, (B.C. 367,) which ordained that in all time coming one of the Consuls should be a Plebeian. This arrangement remained undistmbed for eleven years; but in B.C. 355, the Patricians succeeded in evading the law, for in that year both Consuls were Patricians ; and the constitution was violated in a similar manner six times during the thirteen following years, until in B.C. 342, after the meeting at Capua, a law was passed re-enacting more stringently the Lex Licinia, with the addition, that it should be lawful for the people, if they thought fit, to choose both Consuls from the Plebs — Uti liceret Consules umbos Plebeios creari. From this time forward, after some ineifectual resistance on the part of the Patricians, the principle, that one Consul must be a Plebeian was fully recognised and acted upon. No example, however, occmvs of both Consuls being Plebeians until the year B.C. 215, when a successful attempt was made to set aside the election on religious grounds, but the practice after this time soon became common. ^ Day of liKlticiion into Office. — The Consuls appear to have, originally, entered upon office on the Ides of September, and on tliis day, in ancient times, the Consul drove a nail into the temple of Jupiter Capitolinus, thus marking the lapse of a year — Eum clavum, quia rarae per ca tempora litterae erant, notam numeri annorum fuisse ferunt (Liv. VII. 3. Dionys. V. 1.) Since the Consuls, according to a fundamental rule of the constitution, held office for one year only, this would have continued to be the day of induction in all time coming had mallei" proceeded with unvarying regularity. But it occasionally happened that, in consequence of the resignation of the Consuls, or from some otlicr cause, the office became vacant before the year was completed, in which case two new Consuls were chosen, who held office for a year from the period of their election ; and more frequently, in consequence of civil commotions, it came to pass tiiat tlie year of office had expired before a new election could take place. In the latter case, since the Consuls whose term was finished, could no longer exercise any of their functions, the Senate nominated (prodchat) a temporary magistrate, who, like his prototype in the regal period, bore the title of Inter- rex. The Interrex held office for five days only, wlien a successor was chosen ; and a succession of Interreges were appointed in this manner until tranquillity was restored, when tlie Interrex for the time being held the Comitia for tlie election of Consuls, who immediately entered upon tiieir duties, and remained in office for a year. In this way the day was repeatedly changed. At first, as we have seen, it was the Ides of September — in B.C. 493, the Kalends of September —in B.C. 479, the Kalends of August— in B.C. 451, the Ides of May — in B.C. 443, the Ides of December— in B.C. 401, the Kalends of October— in B.C 391, 1 Liv. VI. 35. 42. VII. I. 17— 2H. 4?. X. 8. 15. XXIII. 31. XXVIL 3i. XXXIX. 32. XXXV. 10.24. Aul. Cell. XVII. ai. Clc. Brut. U. 137 the Kalends of July — at the commencement of the second Punic war, B.C. 218, it was the Ides of March, and this continued to be the day until B.C. 154, vvheu it was enacted that, in all time coming, the whole of the ordinary magistrates, with the exception of the Tribunes of the Plebs, should enter upon office upon the Kalends of January, and that if an Interregnum or any other circumstance should prevent them from entering upon office until later in the year, they should, notwithstanding, lay down their office on the last day of December, and their successors commence their duties on the first of January, just as if there had been no inteiTuption. This system commenced with the consulship of Q. Fulvius Nobilior and T. Annius Luscus, who entered upon office on the first of January, B.C. 153, and henceforward the civil and the political year commenced on the same day. * Ceremonies of Iiicliiciioii. — The day on which the Consuls and other ordinary magistrates assumed office was marked by peculiar solenmities. The new Consuls usually arose at day-break, took the auspices, and then arrayed themselves in the Toga Praetexta before the domestic altar. A solemn procession {processus consularis) was marshalled, headed by tlie new magistrates in their robes of state, attended by the Senate and the dignified priests, and accompanied by a numerous throng composed of all classes of citizens. The whole assemblage marched in order to the Capitol, where white steers were sacrificed before the great national shrine, and prayers and vows offisred up for the prosperity of the Roman people. A meeting of the Senate was then held, and the new Consuls proceeded to make arrangements in the first place for the due performance of public religious rites, and then to consider the internal condition of the state and its foreign relations. ^ Insignia of the Consuls. — The twelve Lictors, and the Toga Praetexta, a cloak with a scarlet border, have already been adverted to ; and in addition to these outward badges of distinction, the Consuls, upon public occasion, used a seat ornamented with ivory, termed Sella Curulis (see above, p. 67.) This was somewhat in the form of a modern camp stool, and we can form a correct idea of of its form, as well as of the appearance of the Fasces, from the numerous repre- sentations which occur upon ancient coins and monuments of every description. iDionys. VL 49. XI. 63. Llv III 6. 36. IV 31 • *. S2. VIII. 20. XXII. 3. XXX 39. XLIV. 19. 2 Dionjs. II. 6. Liv. XXL 63. DioD Cass. LVUl b. Ovid. Fast I. 79. Epp. ex. P IV ix. 138 CONSULES. Naming of the Year after the Consuls. — In all annals, sacred and Civil, 38 well as in public and private documents of every description, the dates were usually determined by namlnpj the Consuls for tiie year. Tluis, any event belonging to A. U. C. G84. B.C. 70, would be fixed by saying that it took place Pompeio el Crasso Consulibns. Hence the phrase inimcrare multos consules is equivalent to nvnierare vudtos annos ; and Martial, (I. xv. 3,) wiieu reminding his friend that he was nearly sixty years old, employs the expression, ^is iam peue tibi Consul trigosimus instat. The practice contmned under the Empire down to a vciy late period. Historians occasionally defined the period of a remarkable event by calculating the number of years which had elapsed from the foundation of the city; but in all ordinary cases followed the computation by Consuls. The Cousulsliip under ili«> Empire. ^ — A Plehiscitum was passed as early as B.C. 842, prohibiting any individual from holding the same office twice within ten years — ne qnis eumdem marjistraium intra decern annos caperet (Liv. VII. 42.) This law was suspended during a period of great alarm, in favour of Marius, who was Consul six times in the space of eight years, (B.C. 107 — B.C. 100,) was openly violated by Ciuna, Carbo, and Sulla, during the disorders of the civil war, and may be regarded as having been finally set aside when Julius Cajsar Avas invested with the Consulship and the Dictatorship in pciT)Ctuity (^continuum Consulatnm, pcrpctnam Dlctaturam.)' After the death of Ca?sar and the battle of Philippi, the Triumvirs arrogated to themselves the right of disposing of the Consulship ; and from the time when Augustus succeeded in establishing an undivided sway, the office was entirely in the hands of the Emperors, who conferred it upon whom they plea.sed, and assumed it in person as often as they thougiit fit, being guided in this matter by no fixed rule, but solely by their own discretion. Augustus was Consul in all thirteen times, sometimes for several years in succession, (B.C. 31 — B.C. 23 ;) but during the la.st thirty-six years of "his life (B.C. 22— A.D. 14) twice only; (B.C. 5 and B.C. 2;) VitcUius proclaimed himself jierpetual Consul;^ Vespasian was Consul eight times during his reign often years; Domitian seventeen times, for the first time A.D. 71, ten years before his accession, for tlie last lime A.D. 95, the year before his death; Hadrian, on the other hand, assumed the Consulship during the first tin-ce years of his sway, (A.D, 117—119,) but never afterwards (A.D. 120—138.) Consules Ordbiarii. Consules Stijf'ecti. — Under the republic two individuals, and no more, held the Consulship in the course of one year, except when a vacancy occurred from death or any other unexpected circumstance, in which case a successor was substituted (suffectus est.) Julius Cwsar, however, in A.D. 45, having entered upon the office along with M. Aemilius Lepidns, they both resigned before the end of the year, in order to make room for Q. Fabius Maximus and C. Trebonius, and the former having died on the last day of his office, C. Caninius Rebilus was elected for the kw remaining hours, an appoint- ment which afi'orded Cicero a theme for many a Litter jest. Tlie example thus set was caught up and adopted by the successor.'? of Caesar, and it soon became the established practice to have several ytahs of Consuls during one year, the I An cxcpllent account of the Consulship d-jrinu the Imperial period will be found in the Ooctrina Numorum Veterum of Kckiikl, Tom VIII. p 32.> scf)q who is closely fiillowed by Maiiqu mjdt. Consult also the article Co.nsdl by Kein, in the Kiicyclopaedie der classiscben Altherthunnswiissi.'nschaft 3 .Suet Cttt-B. 70 Dion Cass. XLII. JO. XLUI. 45. 3 Suet. VilelL 11. CONSULES. 139 number varj-ing according to the number of persons wliom the Emperor felt desh-ous of gratifying. Under ordinary circumstances, two montlis was the period of office, so as to allow of twelve Consuls in each year ; in B.C. G9 there were fifteen, and under tiie corrupt administration of Clcauder, the chamberlain of Commodus, there were no less than twenty-five nominated for A.D. 189.^ Those Consuls who entered upon office on the first of January, were temied Consules Ordinarii, gave their name to the year, and were held in higher honour than those who followed, and who were termed Consules Sitffecti or Consules ^linores (^(;u.iK(>ori^ovg a([c<.; virxTovi i'TriKU.'hcvv.^ It is true that after this system was fully recognised, we find examples of persons retaining the consulship for a whole year, as in the case of Gcrmanicus A.D. 12, and Cn. Domitias A.D. 32 ; but these were rare exceptions, since even the Emperors, who, when they assumed the Consulship, generally took office as Consules Ordinurii, appear to have been in the habit of resigning within a short period, in order to make way for others (Tacit. H. I. 77. Dion Cass. LIII 32.) Under the later empire the Consules Saffecti disappear almost entirely ; ^ but we find mention made of Consides Tlonnrarii, ^ as distinguished from Constdes Ordinarii. These honorary Consuls had probably no duties imposed upon them, and enjoyed little more than the Ornamenta Consularia, to be described below. Consules Desicjnali. — Under tlie republic a Consul was never elected except for the year innnediately following the election, and din-ing the months or days which elapsed between his election and his induction, was styled Consul Desig- natus. But in B.C. 39, Consuls were nominated by the Triumvirs for eight years prospectively. * Of these, the year B.C. 34, together with B.C. 31, were assigned to Antouius. Hence, from the year B.C. 44, in which he Avas for the first time Consid, until B.C. 39, he is stvled on medals simply Cos., from B.C. 39 to B.C. 34, Cos Dksig. Iter. ktTert., from B.C. 34, Cos. II. Diis. III. imtU B.C. 31, when he appears as Cos. III. Octavianus, who, in B.C. 39, was ia like manner nominated Consul for B.C. 33 and B.C. 31, passed through the same variety of titles. Augustus, in B.C. 6, named his grandson, Caius, at that time fourteen years old, Consul Desir/natus ; but with the proviso, that he M-as not to enter upon office until five years had elapsed, and accordingly, he actually held the Consul- ship in A.D. 1. His brother Lucius was, in B.C. 2, named Consul Deslfinatus upon the same terms ; but he died before the five years were completed. In like manner, Nero, when fourteen years old, became Consul Dnsianatus. although it was an-anged that he was not to enter upon office until he had attained tiie age of twenty ; and A'itellius, when he assumed the Imperial dignity — Comilia in decern annos ordiuavit, seque perpetuum Consulcm (Suet. Vitell. 11.) Ornamenta Consularia. — We are told by Suetonius (Caes. 76) that Julius Csesar — decern praetoriis viris Consularia Ornamenta tribnit — by which M-e must understand that he bestowed the title and outward badges cf the Consulship upon ten persons who did not hold, and who never !;ad held, the office of Consul. This statement is fully coiToborated by Dion Cassius, (XLIII. 47,) who mentions in another place (XLVI. 41) that the Senate, at the death of Ilirtius and Pan.sa, being unwilling to elevate Octavius to the Consulship, in consequence of his extreme youth, endeavoiued to get rid of his claims by bestowing upon him 1 Cic. ad Fam. VII. 30. Macrob. S. II. S. Inon Cass. XLIII 4(i XLVIII. 35. LXXII. 12. 2 Symmachus, however, (fl. AD. 370, ~ ?v>eaKs of a Cunsul mffectus, Epp. VI. 40. S Justinian. Cod. X. x.v.\i. CG. Nov. LX.KXI. 1. ♦ Appian ( B C V. TS. ) says for four years, Dion Cassius, (XLVIII. 35.) who is borno out bj ancient monuments, says for einUt. no CONSULES. Consular Honours {rii; Ss o/i Ttuii; rxi; vx»rix.xi; iyJupi.YiffX!/.') ^ From this time forward numerous examples occur of persons being invested with what may be termed a Titular Consulship, the expression usually employed to desig- nate this mark of favour being Ornamenta Consularia s. Insignia Consularia. ^ The practice was extended to other offices of state, since we read, not only of Ornamenta Consularia, but also of Ornamenta Praetoria, of Ornamenta Aedilitia, and of Ornamenta Quaesloria. The phrase Ornamenta Tribunitia does not occur, perhaps because the Tribunes of the Plebs had no external symbols of rank ; but we find the emperors bestowing Dignitates Tribunitias, which comes to the same thing (Capitolin. M. Aur. 10.) Power and Dignity of the Consuls tinder the Empire. — The Consids, except in so far as they were the organs of the Imperial will, were mere cyphers in the state; and, in fact, the short period during which they held office must in itself have prevented them from possessing any weight. They were, however, allowed to preside in the Comitia and at meetings of the Senate, retaining all the ancient forms ; they occasionally administered justice in civil suits, and from the reign of Claudius to that of M. Aurelius, they exercised special jurisdiction in cases relating to minors. ^ But although shorn of all real power, the Consulship do-n-n to the very extinction of the western empire, was nominally the most exalted and most honourable of all dignities — Consulatus praeponendus est omnibus fastigiis digidtatum — Divinum praemium consulatus — Summum bonum prim- umque in mundo decus — ai'e the phrases employed by writers of the fourth, fifth, and sixth centuries ; * and there can be no doubt that the office was invested, especially during the period just mentioned, with a greater amount of external pomp and splendour than in the days of freedom. The Consuls, when inducted into office, {solennitas consularis — processus consularis,) appeared in a dress, which was a gorgeous imitation of that M'orn by generals of old when celebrating a triumph. They were arrayed in the ample folds of a richly embroidered cloak, (Toga picta,) beneath which was a tunic striped with purple (Trabea) or figured with palm leaves (l^inica palmata.) On their feet were shoes of cloth of gold {Calcei aurati.) In their hand they bore a sceptre (Scipio) surmounted by an eagle. Before them marched their Lictors with Fasces and Secures wreathed in laurel (Fasces laureatae.) Their Sella Cuj-uUs was placed in a lofty chariot, and from this seat they scattered handfuls of money upon the crowd below, while they presented their friends with ivory diptychs, (Pugillaria eburnea,) silver boxes, (Canistelli argentei,) and other trinkets, bearing inscrip- tions commemorative of the auspicious day, which was closed by the exhibition of sumptuous games. If we can believe Procopius, an individual called upon to fill the office of Consul, at the time when he wrote, (A.D. 5G0,) was compelled to expend a sum little short of one hundred tliousand pounds upon this vain display. ^ 1 We find a trace ofsoinetliini; similar even under the republic, (B.C. C;,) but Dion Ca.ssiu9, who is our authority, (XXXVI. 23.) although he uses the words nu-iis i-Tcnxei'f enters into no details - This di'itinction was sometimes bestowed even on foreinner.s, as by Claudius on Aprippa. the grandson of Herod the Great, the same individual having' previously rocji»ed I'meiuna Orinimenta from Caligula. 3 Tacit Ann. IV. 1!). I>lin. Epp IX 13. Suet. Claud. 23. Capitolin. M. Aurel. 10. comp. Tacit. Ann. XMI. 4. Aul. Cell. XHI, 21. Uion Cass. LXIX. 7. 4 Cassiodor. Var. VI. I. Lyd. de Mag. II. 8. Cod. Theod. VI. vi. I. IX. .\1. 17. lornandea an It. G. :>~. « Vopisc Aurelian. 13. Cassiodor. Var. H. 2. VI. 1. Claud. Eutrop. II. prol. 7. Prob. et Olyl.r W.)C). Symmach. Epn I 1. 11.81. VI. 40 Procop. Hist arc. 2i; C.nip. Iu.stiniaii. Nov. (.V. Auth. Const. XXXIV. On the liberality occasionally manifested by the emperors to a poor Cunsul, see a curious passage in Vouise. Aureliau. \i. TKIBUNI PLEBIS. Itl TRIBX7XI FLEBIS. Oris;in of ihc OiHce. — We have already had occasion to point out that the constitution of Servius Tullius bestowed political existence upon the Plebs, and the object of that gTeat legislator was, we can scarcely doubt, to abolish ulti- mately all exclusive privileges. His untimely death, however, prevented him from carrying out his design ; and under the cruel sway of his successor, all orders in the state were alike oppressed. After the expulsion of the second Tarquin, the Patricians strained every nerve, and for a time ■with success, to regain the position which they had occupied under the earlier kings, arrogating to them- selves the control of public affairs and the possession of all the great offices of the state, which, at this time, although nominally a republic, was in reality an oligarchy in its worst form. At length, however, the tyranny, insolence, and cruelty of the dominant class became so intolerable, that the Plebs were roused to vigorous resistance, and in B.C. 494, sixteen years after the expulsion of the Tarquins, they quitted the city in a body and retired (secessit) to an eminence beyond the Anio, which from that time forward bore the name of ]\Ions Sacer. The Patricians, now thoroughly alarmed, immediately opened negotiations with the leaders of the movement, concord was restored, and the Plebs agreed to return upon the following conditions : — 1. That magistrates should be elected annually, under the name of Tribuni Plebis, whose sole duty should be to watch over and protect the interests of the Plebeian order and the persons of its members, and that tliey should be armed with powers sufficient to secure these objects. 2. That these magistrates should be chosen exclusively from the Plebs. 3. That the persons of these magistrates should be hallowed, (sacrosancti^) so that if any one offered personal violence to a Tribune, or impeded him in the performance of his duty, he should, ipso facto, become sacer^ i.e. devoted to the infernal gods, and that, as such, he might be put to death with impunity and his property confiscated to Ceres. Hence, the magistracy was termed Sacrosancla Poiesias, (ispd. x.»i u.avKag (ipx'^O ^^^ the laws which conferred these privileges Leges Sacratae. ^ 4. That the Tribuni Plebis should have the right to interfere, (intercedere^') so as to stop any procediue which might appear to be detrimental to the Plebs as a body, or to any member of the order. Number of Tribunes. — Every thing connected ■with the history of the early years of the Tribunate is involved in deep obscurity, and tlie statements of the historians present irreconcilable discrepancies. It would appear that at first two only were chosen, then five, and finally, in the year B.C. 457, ten, wiiicli continued to be the number ever afterwards. ^ The ten Tribunes were regarded as forming a coi-poration, and as such, were styled collectively Collegium Tribunorum Plebis. Mode of Election. — "We are told expressly by Cicero and Dionysius that the Tribimes were originally chosen by the Comitia Cm-iata; but that in B.C. 473, Publilius Volero, one of the Tribvines, proposed a law — Ut Plebeii magislratus Tributis Comitiis Jierent— which., although violently resisted, was carried in tho following year, (B.C. 472,) and that, from that time forward, the Tribunes were always chosen by the Comitia Tributa, one of the Tribunes already in office being 1 On the Sacronancta Polestas see Dionys. VI. S9. Liv. III. 55. Cic. pro Balb. 14. Dion Cass. LIII. 17. Fest. s.vv. Sacrosanctum, Sacratae, Saner, p. .318 3 The chief authorities are, Liv. II. 33. 44.. 58. III. 30. IV. !G. VL 35 38. Cic. de B. II. 34. pro Cornel, and note of Ascon. Dionys. VI. 89. IX. 2. 41. 142 TIUBDNI TLEBIS. Belected by lot to preside. ' During the sway of the Decemvirs, the functions of all the ordinary magistrates were euspciidcd ; but on tiie downfol of Appiua with his colleagues, the Pontifex Maximus presided at the election of new Tribunes. ^ In the earlier years of the Tribunate it was considered lawful for the presiding magistrate to call upon the electors to choose a certain number of Tribunes less than the full coniplcment, at his own discretion, and then to permit those who were thus cliosen to select their own colleagues, imtil the entire number was made up. When vacant places in any corporation were supplied in this manner. by the votes of the members of the corporation, the process was called Cuoptatio. The practice of Cooptatio, in so far as the Collegium of the Tribimes wal concerned, was forbidden by the Lex Trehonia^ passed in B.C. 448. ^ <{iinIiflcatioiis. — The officc was open to all Eoman citizens, under the following restrictions : — 1. No one could be elected who was not himself Ingcnmts and the son of an Inqenuus, We find no violation of this rule until the time of Augustus. * 2. No one could be elected except he belonged to the Plebs. We find one exception to this rule m the earlier ages, but the procedure was unquestionably illegal.^ It was not neccs.«ary for a candidate to be by birth a member of a Plebeian family ; it 'kas held sufficient if he had been adopted into a Plebeian family, aa in the case of Cicero's enemy, Clodius Pulcher, who was by bu'th a Patrician. 3. In (he earlier ages the same individual was frequently elected Tribune for two or more years in succession. * But this practice was stopped by the Plebis- citum of B.C. 342, which enacted — Ne quis eumdem magisiratum intra decern annos caperet — and hence tiic attempt of Tiberius Gracchus to procure his own re-election was unconstitutional. Day of BiidiicUon. — The first Tribunes entered upon officc on the 10th of December, (IV. Id. Dec.) and the day remained unchanged during the whole of the republic and under the earlier emperors. ' There is no instance of tlie office having been suspended or interrupted, (except under tlie Decemvirs,) and although the Tribunes in office could, under no pretext, lengthen out their period, they were forliidden, under pain of deatii, to leave the Plebs without its legal protectors. ® Towards the close of tiio republic, tiie election of new Tribimes always took place a considerable time before tiiey entered upon tlieir duties. Power of ilic Tribunes. — The powers of tlic Tribunes, according to the views of those by whom the office was first established, Avere very moderate and entirely of a defensive character. They were required to alford assistance (auxiliuiu) to a member of the Plebs, when oppressed by a Patrician ; tlic person feeling himself aggrieved was entitled to call upon the Tribunes for aid, (appel- lare tribnnos^') and when they granted the aid sought they were said esse nuxilio. In order to render this aid effectual, they possessed the lus Inter- cessiunis, that is, the right of interfering, and at once putting a stop to any measure which they deemed injurious to their order ; in exerting this right they were said iulercedere, and the mode of exerting it was by pronouncing the 1 Cic. pro Cornel, as above. Dionys. 11. c. Liv. III. 61 2 Liv. III. .H Cic. 1. c. 3 Liv. II :a. in G4. Gj. V. 10. 4 Dion Chsv LIII. i;? t Liv. Ill r,u romp V. 10. Sunt. Octav. 10. « Liv. II .V; III 14 I'l 21 -i-^. VI. ;i5. 38. I Liv. XXXIX .'.2 iri'inys. VI 83. • Liv. UL5i. Cic. de Icgg. IIL a TEIBUNI PLEBIS. 143 Bolemn word Veto. ^ In order tliat tliev might always be at band in case of need, a Tribune was, imder no pretext, allowed to be absent from the city for twenty-foiu- hours, except during- the celebration of the Ferine Latmac, and he was bound to allow tl;c doors of his house to remniu open day and night, that he might be at all times accessible. Tinaliy, in order to protect their persons from violence, tliey were dechired Sacrnsancti (see above, p. 141.) Within a very brief period it was discovered that these protective jiowers might be made efficient as weapons of offence in a manner not originally contemj)lated. The Tribunes were themselves the sole judges of what was to be regarded as injurious to the Plcbs, and consequently, wlicn tliey desired to cany any measure on behalf of their order, or to extort any extension of power for themselves, in opposition to the Patricians, tliey had the means, of producing the greatest embarrassment and danger until tiicir demands were complied with. Tims, they frequently prevented the election of the ordinary magistrates — they refused to allow troops to be levied or supplies voted in pressing emergencies — they suspended all business in the Senate, and, in foct, brought the whole machine of tiie state to a dead stop. By pursuing these tactics they succeeded, after many hard fought battles, in destroying, one after another, all the bulwarks of Patrician exclusiveness, in procuring tlic complete emancipation of the Plebs from all political disabilities, and their full and free admission to all the honours of the state. So far their efforts, altiiough not always moderate and judicious, were, in 60 far as the end in view was concerned, in the highest degree praiseworthy; and after complete concord was established between tiie orders, the Tribunes appear, for a series of years, to have generally exerted their influence with m.ost patriotic singleness of purpose. But towards the close of the republic, they became the tools of the violent leaders of conflicting parties ; they factiously abused their power for the promotion of tiie most unprincipled and ruinous schemes, and were the foremost instigators of those scenes of riot and bloodslied which cast such a gloom over the last struggles of the constitution, and which terminated in the utter extinction of freedom. Hence, it is not wonderful tliat those who viewed ii the Tribnnician power under the aspect which it jiresented in those evils days, should have characterised it as — Postestas pesiifera^i in seditione, et ad sedi- tionem nata. ^ A Tribune had no right to summon a citizen to appear before him ; that is, he did not possess the lus Vocationis: but he had tlie I^us Prchcnsionis ; that is, he could order any one, who, in his presence, was violating the rigi)ts of the Plebs, to be taken into custody, and for this purpose eacii tribune was attended by an officer, termed Viator. Tliis Lis Preheiisioiiis was sometimes stretched so far that there are examples of a Trlijune giving orders for tiie arrest even of Consuls and Censors, and comrrandiug them to be led off to prison. ^ Relation of ilic Tribuiicsi lo ilie Sciiaif. — Tiic Tribunes originally had no right to enter the Senate-house ; but they were wont to sit upon benches {subselUci) at the doors, in order that they miglit be able to watcii the proceed- ings, and, if tliey thought fit, put a negative on any proposed decree. By the Plebiscitum Atinium., however, they became, ex o^icio, members of the Senate. The date of this ordinance is unknown ; but as eai-ly as B.C. 456 they assumed 1 Liv. VI 35. 2 Cic. de Ipff?. III. 8. where Tie malces his hrothcr Quintus the organ of the sentiments entertained hy those who were hostile to the Trihimieinii power. S Liv. II. 50. IV. i!P. Epit. XLVIII. LV. Cic in Vatin. 9. ad Att. II. 1. deleg. agr. IL37. «e legg. III. 9. Val. Ma.^ IX. v. 2. 144 TKIBUNI PLEBIS. the right of summoning meetings of tlie Senate, and we find one of their body speaking in the Senate eleven years later (B.C. 445.) ^ Kelatioii of the Tribunes to Public ITIerlings and Comitia. — From tbo commencement the Tribmies had the right of calling public meetings {condones) of the riebs ; and in the year after the institution of the office, (B.C. 493,) the Lex IciUa -was passed ordaining that no Concio, summoned by a Tribune, could be disturbed or called away (nvocari) by any Patrician magistrate. This law remained in force at all periods, for although we are told by Messala, as quoted by Aulus Gellius — Consul ah omnibus magistratlhus et comitiatum et concionem avocare potest — it is clear, from various examples, that this rule did not extend to meetings at which Tribunes of the Plebs presided. ^ After the Comitia Tributa were established, it was one of the peculiar duties of the Tribunes to summon these assemblies, to preside, and to propose laws, (agere cum populo,) and such laws were hence frequently termed Leges Tribuniciae. During the struggles which agitated the state after the secession to the Mons Sacer, we find Tribunes on several occasions impeaching Patricians and bringing them to trial before the Comitia Tributa, even when the charge involved a Poena Capitalis;^ the pretext alleged being always, apparently, Bome violation of the Leges Sacraiae. But after the legislation of the Decem- virs, it would appear that all trials which involved the life or privileges of a Koman citizen could be held before the Comitia Centm-iata on]\% and the Tribunes could propose no higher punishment in the Comitia Tributa than the imposition of a fine {irrogatio multae.) Hiiuiiinfions of ibe Tribunilinn Power. — 1. It was exclusively civiL They had Potestas, but were never invested with Imperium. 2. It was confined to the city and to a circuit of one mile outside the walls. Beyond this the Tribunes were subject to the consular power as if Privati. * It would seem, from two passages in Livy, that the Senate could invest them with extraordinary powers, extending even to foreign countries ; but such cases must be regarded as exceptions, depending entirely upon a special decree. * 3. The most important limitation to their power resulted fi-om the relation in which they stood towards each other. Wiien a Tribune was appealed to and requested to interfere on behalf of any individual who sought his aid, his auxilium could not be granted until the whole collegium had been consulted and had passed an unanimous resolution, (decretum,) granting the assistance sought, which resolution was publicly announced on the i)art of the college, {pro collegia, s. ex collegii sententia pronuntiare,) by one of its members. If the Tribunes were not unanimous the appeal was not" allowed. On the same principle, a single Tribune might put his Veto upon any law proposed in the Comitia, or any resolution submiUed to the Senate, although supported or originated by all his colleagues. Hence the Patricians were enabled on many occasions to bafl^e the efforts of a majority of tiie Tribunes, and altogether to neutralize their infiuence by gaining over one or more members of the College and persuading them to put a negative npon the measui-es promoted by the rest. 1 Zonar. VII. l."). Dionys. X. 31. Aul. GcU. XIV. 8. I.iv. IV. 1. Vnl. Max. 11. ii. 7. who tells us that in ancient times when a decree of the Senate passed without opposition oa the part of the Tribunes, the letter T was written at the bottom to indicate their consent. 2 Aul Gell. XIII. l.'i. Liv. XMII. Ifi. \:<\. Max. IX. v. 2. Aurcl. Vict. III. 73. S e.K Coriolaiius— Appius Claudius, Liv. II. fil — Kaeso Quinctius, Liv. IIL 12. « Dionvs. VIII Hi. Liv. IIL 20. Appian. B.C. IL ai. JUion Cass. LL la. fLiv. IX. 30. XXIX. 20. TRIBUXI PLEEIS. 145 4. The temporary check placed upon the Tribunes by the noniuiaaws of the WeceniTiri. — But although the office of Decemvirs quickly passed away, and the individuals who had held it were forgotten, or remembered with detestation, the work which they had performed remained a durable monu- ment of their toils, and the code of the XII Tables, engraved on plates of bronze and hung up to public view, (in aes incisas in publico proposuerunt,) sei-ved in all time coming as the foundation of the whole fabric of Roman Law (fons omnis publici jyrivatique iuris.) It seems to have embodied the laws and usages 1 .Liv. III. 31-55. Dionys. X. 1. seqq. Cic. de R. IL 36. 37. de legg. III. 8. 2 Liv. III. 3-'. Cic. de R. I.e. 3 LiT. III. 33. 30. comp. Dionys. X. 57. 152 TKIBCXI MaiTAKES CONSULAKI rOTESTATE. iu force among the Romans at the time it was compiled, together with numerous selections from foreign sources, (accitis quae usqiiam egrer/ia,) the wliole ha\'ing been collected, digested, and combined imder the superintendence of an Ephesiaii exile, Hermodonis by name, to whom, in testimony of his semces, a statue was erected at the public expense, in the Comitiimi. ^ TRIBUXI MILITAKES COKSULARI POTESTATE S. COXSULARI DIPERIO. Oriijiii and Etiiralioii of the Office. — In B.C. 44.5, four years after the abdication of the Decemvirs, C. Canuleius, a Tribune of the Plebs, proposed two laws, tlie one for establishing the right of intermarriage (coimubiiuii) between Patricians and Plebeians, which had been formally prohibited by the Code of the XII Tables, the other for declaring Plebeians eligible to the Consulship. The former was carried in the same year after considerable opposition, the latter was more fiercely resisted by the Patricians ; who perceiving, however, that if matters were pushed to an extremity, they would, in all probability, be vanquished, agreed to a compromise, in terms of which it Avas resolved that, instead of two Consuls, a larger number of magistrates, to be called Tribuni Militares Consulari votestafe, invested with the same powers as Consuls, should be elected annually, and that it siiould be lawful to choose these from the Patricians and Plebeians, without distinction (promisciie ex patrilnis ac plehe.) ^ Tliis arrangement continued partially in force for nearly eighty years, (B.C. 444 — B.C. 3G7,) until the passing of the Lex Licinia, (B.C. 367.) by which the Consulship was thrown open to the Plebeians. During the above period the Senate seems to have had tlie power of fixing, each year, whether the magistrates for the following year should be Consuls or Tribuni Militares C. P. and their decision appears to have been generally regulated by the state of parties. When the Tribunes of the Plebs were supine or had little prospect of being able to carry a law similar to that of Canuleius, then two Patrician Consuls were chosen ; but Mhen the agitation was pushed with greater vigour, then a decree was passed for the election of Tribuni Militares C. P. During the space indicated above these Tribunes were elected fifty times. Consuls twenty-three times ; and during five consecutive years, (B.C. 375 — B.C. 371,) the struggle connected with the Licinian Kogations deprived the state altogether of supreme magistrates (see above, p. 134.) IVuinber of Tribuni ITIillitarcs C. B». — In the four elections which tOok place from B.C. 444 — B.C. 427, three were chosen for each year; in tiie thirteen elections, from B.C. 426 — B.C. 406, the number was four, except in B.C. 418 and B.C. 408, when there were three only ; during tiie remaining period, com- mencing with B.C. 405, the number was uniformly six. iTiodc of Kieciion, Powcri, anil SJ>u:ie!it. — These magistrates were elected by the Comitia Centuriata, and the duties which they performed were precisely the same with those which devolved upon the Con.'^uls. One of their number usually remained in the city for the purpose of administering justice, presiding at meetings of the Senate, holding Comitia, and performing otlier civil functions, the rest went forth either singly or in pairs to command the armies and prosecute the wars in which the state might be engaged. "When acting togetiier, they assumed the supreme command upon alternate days, as already described in the case of the Consuls. * 1 Dionys X. hi. Tacit. Ann. III. 2G. Liv. III. .-31. Tlin. H.N. XXXIV. & Ponipoa de oriff. iur I)ik.M-st. I. ii. i. 2 Liv. IV. r, comp. Dionys. XI. 00. » Liv. IV. 12. Dioiivs. Ic. • Liv. V. 13. 52. IV. 31. 3G. 45. 4G. 59. VL I. 30. TRIBUNI MILITAEES C. P. — PKAETORES. 153 Insignia. — It lias been doubted whether the Trilnmi Militarfs C. P. •were regarded as C'urule M-agistrates ; but it is clear, from the words of Livy, (IV. 7,) tliat their imperium and the emblems of their authority were the same with those of the Consuls. There is no record, however, of any one of tliem having ever celebrated a triumph, although they gained victories Avhich might have entitled them to that distinction. It may be asked what the Patricians gained by consenting to the institution of til is new magistracy, which was thrown open to the Plebeians, while they still strenuously resisted their admission to the Consulship. On this point historians supply no clear explanation ; but it will be seen (in the section on Censokes) that, at the period when the change was introduced, the duty of taking the Census, to which the Patricians doubtless attached great importance, and which had hitherto been performed by the Consuls, was committed to two magistrates, then first appointed for that special purpose, and ■who, for a consider- able period, were chosen from the Patricians exclusively. It has, moreover, been conjectured, with much plausibility, that the Patricians made some stipulation or arrangement, by which the Tribunus who remained in the city for the purpose of administering justice should be a member of their own body ; for even after the admission of Plebeians to the Considship, the Patricians clung to the privilege of appointing one of their own order to act as supreme judge in the civil courts, as we shall explain in the article on Praetores. We shall find, moreover, that although in several instances the Tribuni Militares C. P. were all Patricians, there is no example of their having been all Plebeians. PRAETORES. Origin of the Office. — When the Patricians were at length compelled to acquiesce in the passing of the Lex Licinia, (B.C. 3G7,) by which the Consulship was thrown open to the Plebeians, (see above, p. 184,) they stipulated that the judicial functions hitherto discharged by the Consuls, should be separated from their other duties, and that a new Cm-ule Magistrate should be appointed, from the Patricians exclusively, to act as supreme judge in the civil com-ts (qui ius in urbe diceret.} On this magistrate the title of Praetoii was bestowed, (Prae- torem iiira reddentem,^ which, it will be remembered, (see above, p. 133,) was originally the designation of the Consuls. The Praetorship was retamed by the Patricians longer than any of the other great offices of state, no Plebeian having been admitted until B.C. 337. ^ IVutuber of ff'iaetors at Ditfcrcnt Times. — At first there was one Praetor only ; but tOAvards the close of the first Punic war (about B.C. 244) the number of Peregrini (see above, p. 85) residing in Eome had increased to such an extent that it was found necessary to elect an additional Praetor, who should confine his attention to smts between Peregrini, or between citizens and Pere- grini. ' From this time forward the Praetor who decided causes between citizens alone was termed Praetor Urbanus or Praetor Urbis, and to him belonged, in technical phraseology, the Provincia s. Sors Urbana — Urhana lurisdictio — Jurisdictio inter cires ; while his colleague was said to hold the Provincia s. Sors Peregrina — Peregrina lurisdictio — lurisdictio inter peregrinos — luris- dictio inter cives et peregrinos, and was, in later times at least, styled Praetor Peregrinus. ^ 1 Liv. VI. 42 Vir. 1. VIII. 15. 2 Liv. Epit. XIX. Pompon, de orig. iur. Digest. I. ii 58. S According to Becker tlie title Pruetor Feregrimis occurs first in inscriptions beloncing to the age of Trajan. See Orelli C. I. L. No. 2J(i9. 27(iO. 154 PRAETORf.S About B.C. 227 tlie number of Praetors was increased to four, in order that one might proceed annually to Sicily to act as governor of that province, while another might, in like manner, take the command in Sardinia. In B.C. 197 the number was fiu-ther increased to six, in order to provide rulers for the two Spains. A Lex Baehia was passed, probably in B.C. 180, ordaining that the number of Praetors should be six and four, in alternate years ; but this statute seems to have been put in force once only, namely, in B.C. 179. By Sulla the number of Praetors was augmented to eight, by Julius Caesar to ten, twelve, and eventually to sixteen. ^ Duties of the Praetors. — The charge Intnxsted to each Praetor was, tmder ordinary circumstances, determined by lot," and the nature of their duties has been indicated above. The Praetor Urhanus and the Praetor Peregrinus remained in the city to exercise their respective jm-isdictions, (duae urbanae provinciae^') while the remainder proceeded with Imperium to Sicily, Sardinia, and the Spains. But not only might these last be employed elsewhere at the discretion of the Senate, but occasionally the Praetor Peregi'inns was called upon for military service, in which case his duties were thrown upon the Praetor Urbanus, who Avas himself, in times of great emergency, sometimes required to take the command of an army. ^ After the institution of the Quaestioncs Pcrpctuae, (see Chapter on Roman Law and administration of justice, p. 290,) that is, about B.C. 144, a great change took place in the arrangements described above. From that time forward the whole of the Praetors remained in the city during their year of office, two of their number presiding, as formerly, in the civil com-ts, while the remaining four, or, after the time of Sulla, the remaining six, took cognizance of criminal causes, as we shall explain more fidly hereafter. This, however, is the proper place to say a few words upon the position occupied by — The Praetor Urbaiuis specially. — The original, and, at all times, the chief duty of the Praetor Urbanus was to act as supreme judge in the civil court ; and he took his seat on his curule chair, on Ivis 2'ribunal, for tliis purpose on every Dies Fastus, that is, on every day on which it was lawful to transact legal business. He also, ex officio, presided at the Liidi ApolUnares and tlie Lndi Plscatorii. These duties he performed even when both Consuls were in the city ; but in their absence his powers and occupations were gTcatly extended. He then discharged most of the functions wliich had formerly devolved on a Praefectus Urbi, and, in fact, acted in eveiy respect as the representative of the Consuls, except in so far that it was not competent for liim to name a Dictator nor to preside cither at the Consular or the Praetorian elections. JTIocIe of I'Mectioii, Disnily anil Iiisi!;nia of the Praetors. — They wero elected by the Comitia Centuriata, under the same auspices with the Consuls, at first on the same day with the Consuls, subsecjuently, one or several days later. A Praetor was styled Collega ConsulU^ allliough inferior to him in rank, and was regarded as occupying the second place among the higher magistrates. * He wore the Toga Praetexta, used the Sella CuruUsy and was attended by two Lictors within the city, and by six when on foreign service, and hence he is termed by Polybius ila^riAe^cyj '/jyi^uv or i^x-TriXiy-v; arpur/iyoi and the office 1 Liv. Epit. XX. XXXII. 27. XL. 44. Sueton. Caes. 41. Dion Cass. XLII. 51. XLIII. 47. 51. - The Senate, however, occasionally assumed the right of fixing, ejflru ordinrm. the duties to be performed by one or more of the I'raetors, eg. Cnmitiis praetortim pertectis, Scnatut Cotisnltum fiirtum est, ut Q. Fuhio extra ordiiiem urbaiia proi:incia esset. Liv. XXIV. 9. 3 Liv. XLII. 28. XLIV. 17 XXIV. 44. XXV. 3. 41 XXX. 40. XXIII 32. ♦ Liv. VII. 1. VUL 32. X. 22. XXVIl. 3J. XL. M. XLIII. 11. XLV. 44. PRAETOKES — AEDILES. 155 f^etTiiXiKv; dpx'h- ' The Praetor Urbanus M'as regarded as superior in dignity ♦.0 tlie rest, and hence was designated Praetor Maior. ^ The rraeior&hip under the Empire. — The number of Praetors, Avhich had !)pen increased by C«sar to sixteen, was, in the first instance, reduced by Augustus to ten, tlien again raised to sixteen, and finally fixed by him at twelve. From A.D. 14 until A.D. 96, it varied from twelve to eighteen — eighteen held ofiici? under Nerva, and no change seems to have taken place under Trajan, Hadrian, and the Antonines. ^ The functions of the Praetoi-s, under the empire, were, to a considerable extent, altogether dift'ei-ent from those which they discharged under the commonwealth. The supreme jurisdiction, both in the criminal and ciN'il courts, was transferred, in a great measure, to the Senate and the Praefectus Urbi, although particular departments were, from time to time, committed to the Praetors. Augustus made over to the Praetor Urbanus and the Praetor Peregrinus much of the jurisdic- tion which had formerly belonged to the Aediles ; Claudius committed to two Praetors, and Titus to one, the decision of questions concerning trust estates ; {^Praetor de Fidelcomniissis ;) Nerva appointed another to preside in all causes which arose between private individuals and the Imperial exchequer ; (Fiscus;) Antoninus consigned to another all matters connected with the affairs of minors, and hence this judge was entitled Praetor s. Index Tutelaris.^ But although the Praetors, as a body, were now little called upon to exercise pm'ely judicial fimctions, new duties were imposed upon them. A certain number, in conjunction with the Aediles and the Tribunes of the Plebs, were charged with the general superintendence of the XIY Regions into which Augustus divided the city, and this arrangement appears to have remained unchanged until the reign of Alexander Severns. Augustus and Vespasian placed the public exchequer (^Aerariuni) under the management of two Praetors, and the former made over to the Praetors exclusively the whole charge of the public games, which had pre\-iously belonged to the Aediles. But these occupations were not found to afford at all times sufficient employment for the ^vhole of these magistrates, and some of them occasionally enjoyed the honour and title without being called upon for any active exertion. * The name, at least, of Praetor Urhanus endui'ed as long as the Roman empire in the west, that of Praetor Peregrinus fell out of use after the time of Caracalla, who bestowed the full Civltas on all the inhabitants of the Roman world ; and both the Praetor Urhanus and the Praetor Tutelaris found a place among the officers of state at Constantinople. AEDILES. ® Two sets of magistrates bore the name of Aediles, being distinguished from each other as Aediles Plebeii and Aediles Curules. We must, in the first place, consider them separately. 1 On the much contested point of the number of Lictors assigned to a Praetor, the chief authorities are, Plaut. Epid 1. i 26. Censorin, do die nat. 24. Cic. de leg. agr II. 34. in Verr V. 54. Polyb. II. 24. III. 40. 106. fra^. lib. XXXIII. 1. The most embarrassing passage io Val. Max. I. i. 9. unless we suppose that the ceremonial there described was regarded as a sort of military spectacle. 2 Fest. s.v. Maiorein Consulem, p. 161. 3 Velleius II. 89. Tacit. Ann. I. 14. II. 32. Dion Cass. LIII. 32. LVI. 25 LVIII. 20. LIX. 20. LX. 10. Pompon. Digest. I. ii. 2. § 32. 4 Pompon. Disest. 1 c. Ulpian. XXV. 12. Digest. XXVI. v. 8. XXVII. i. 35. 6. §. 1.3. Tacit Ann. VI. 17. Dion Cass. LIII 2. 5 Dion Cass. LIIL 32. LV. 8. Tacit. Hist. IV. 9. Agric, 6. Suet. Octav. 30. .16. Lamprid. Alex. Sev. 33. « In addition to the chapter in Becker, the student may consult, with advantage, the ela- borate monograph of Schubakt, De Komanorum Aedilihus. Regimont. 1828. 158 AEDIXES. Origin of the Aediles Plcbcii. — At the time when the aiTangement M-as concluded between the Patricicws and the Plebeians with regard to ihe institution of Tribimi Plthis, (B.C. 494, see p. 14G,) it was agreed that, in addition to the Tribunes, two Plebeian magistrates should be elected annually under the name of Aediles. These appear to have been, originally, regarded merely as assistants to the Tribunes ; and the only special duty Avhich they were required to perform was to act as custodiers of the Tablets on which the laws passed by the people in their Comitia and the decrees of tlie Senate were inscribed. These were, at that period, deposited in the temple of Ceres ; and the Plebs had probably stipulated that they should be given in charge to officers selected out of their own body, from an apprehension that the great charters of their freedom might have been tampered with if left in the hands of the Patricians. Origiu of the Aediles Cui-iilcs. — In B.C. 367, one hundred and twenty- seven years after the institution of the Aediles Plebeii, the long protracted strife between the Patricians and the Plebeians was brought to a close by the admission of the latter to the Consulship ; but it was determined, at the same time, that three new magistrates shoiUd be introduced, to be chosen from the Patricians exclusively, viz. the Praetor^ of whom we have spoken in the preceding article, and two Aediles Curules^ whose chief duty, ostensibly at least, was to be the celebration, witli extraordinary magnificence, of the Ludi Romani, in honour of the harmony now established between the two orders in the state. ^ The Tribunes, however, having remonstrated against the unfau-ness of insti- tuting three magistrates exclusively Patrician, while one place only in the Consulship had been conceded to the Plebeians, the Senate gave way and consented (B.C. 366) that the Curule Aediles should be chosen in alternate years from the Plebeians, and, soon after, that they should at all times be chosen from the Patricians and Plebeians indiflereutly. Henceforward there were four annual magistrates called Aediles, two termed Aediles Plebeii, chosen from the Plebeians exclusively, two termed Aediles Curules^ chosen from Patricians and Plebeians without distinction. Relative t>o>tiiioii of the Aediles Plebeii and Aediles Curules. — In SO far as external marks of dignity were concerned, the superiority of the Aediles Curules was unquestionable ; for tiiey had the privilege of wearing the Toga Praetexta and using the Sella Cundis, symbols of honour not enjoyed by their Plebeian colleagues. On the other hand, there can be no doubt that the persons of the Aediles Plebeii were, on the first institution of the office, declared inviolable, (sacrosancti, see above, p. 146,) and they probably retained the privileges bestowed by the Leges Sacraiae to their full extent, as long as they were regarded in the light of mere assistants to the Tribuni Plehis. But after they became, in a great measure, independent of the Tribunes, and were called upon to discharge numerous and complicated duties — duties, moreover, which did not bring them into collision with violent political partizans — it would seem that their inviolability dropped out of view, and that the higher magistrates claimed and exercised the right of controlling, and even, in extreme cases, of imprisoning them; so that, towards the close of tlie rejiublic, it became a topic of speculative discussion whether the Aediles Plebeii had any right to tiie title of Sacrosancti. ^ In regard to a separation of duties between the Plebeian and Curule Aediles, if any such existed, it is impossible now to discover the line of demarcation, except in so far that the charge of certain of the more important public games, the Ludi 1 Liv. VII. n. - Liv. 1X1. jj. J". Festus. s.v. Sacroianctitm, p. 218. AEDII>ES. 157 Romant and tlie Megalesia especially, devolved upon the Curule Aediles, while, as a matter of course, the Liidi Plebeii were the province of the Plebeian Aediles. Mode of Election. — The Aediles Plebeii, from the year B.C. 472, were elected by the Comitia Tributa, in terms of the Lex Publilia of Volero, (see above, p. 123,) before that time probably by the Comitia Curiatn. ^ The Aediles Curules were probably elected originally by the Comitia Centuriata, but subse- quently by the Comitia Tributa:^ ihe Curules and the Plebeii were not, however, elected on the same day, at least in the time of Cicero ; but the Comitia Aedilium Plebis took place before the Comitia for the Curules. ^ The presiding magistrate at the election of the Aediles Plebeii seems, as far as our single authority can be depended upon, to have been himself a Plebeian Aedile ; the tii-st Curule Aedile was chosen by Camillu.s when Dictator, afterwards a Consid presided, or, in his absence, the Praetor Urbamis. * Day of Induction info Office. — There is no doubt that the Cunile Aediles, from the period of their institution, entered upon office on the same day witli the Consuls and Praetors, and consequently, from the year B.C. 154, (see above, p. 135,) on the first of January. ^ From the close connection which oiiginally subsisted between the Plebeian Aediles and the Tribunes, one might have concluded that the former would have entered upon office on the same day with the latter, that is, on the tenth of December. But all the evidence we possess goes to prove that the Plebeian Aediles, as well as their Curule colleagues, entered upon office on the same day Avith the Consuls and Praetors. ^ Duties of the Aediles. — These were of a most multifarious character; but, following the example of Cicero, they may be conveniently classed under three heads — Suntoque Aediles curatores urbis, annonae, ludorumqne solennium. 1. It was their duty to act as biu'gh magistrates and commissioners of pohce (^Curatores Urbis.) 2. To superintend the supply of provisions to the public (Curatores Annonae.) 3. To take charge of the exhibition of the public games (Curatores ludorum solennium.) I. Curatores Urbis. — As burgh magistrates and commissioners of police, the Aediles were called upon to preserve peace and good order within the city, and Avithin the circuit of a mile from the walls, which was the hmit of their juris- diction ; to frame and enforce such regulations as might be necessary for the preservation of property and for the safety and comfort of the community. AVithin five days after their election, or, at all events, after they entered upon office, they divided by lot the districts into which the city was portioned out for police purposes. Each was specially required to keep the streets within his o-vvn district in good order, to see that the necessary repairs were executed from time to time, to have them swept regularly, to remove all nuisances, to prohibit encroachments, on the part of private individuals, which might obstruct the thoroughfare, to quell all brawls and disturbances, and generally to enforce order and regularity among the passers to and fro. ^ To them was intnrsted the superintendence of 1 Dionys. IX. 41. 2 Aul. Gell. XIII. 15. Dionys. IX. 49. comp. Liv IX. 4G. XXV. 2. 3 The testimony of Coelius ap. Cic. ad Fam. VIII. 4 is perfectly distinct, although at Tariance with Plut. Mar. 5. 4 Piso ap. Aul. Gell. VI. 9. Liv. VI. 42. Cic. ad. Att. IV. 3. pro Plane. 20. Varro R.li III. 2. Dion Cass. XXXIX. 7. 32. * Cic. in Verr. Act. I. \i. « Liv. XXVIII. 10. 38 XXIX. 38. XXX. IP, XXXI. .'iO. 1 See Tabul. Heracl. Plaut. Stich. IL ii. 23 Capt. IV. ii. 26. Suet. Vesp. 5. comp. Cjc Philipp. IX. 7. Ovid. Fast. VI. 663. Digest. XLIIL x. 158 AEDILES. the temples (procuratio aedium sacrarnm) and of public buildings in general; and they had a riglit to insist that private mansions should not be allo\ved to fall into such a state of disrepair as to endanger the safety of the people. ^ Tlie duty of making contracts for the execution of great public works belonged to the Censors, as -we shall point out in the article devoted to those magistrates ; but since Censors were in office for eighteen months only during each space of five years, (Z«A'<;-Mm,) the task of seeing their projects carried out must, in many cases, have fallen upon tlie Aediles. The Aediles also exercised a certain sm-veiUance over public health and public morahty, by placing the baths, taverns, and eating-houses under proper restrictions, ^ by preventing the introduction of disorderly foreign rites, ^ and by coming forward as the pubhc accusers of fiemales charged with disgraceful conduct (probrum.) * Tiiey had the right of issuing proclamations (edicta) containing rules connected with their department, and of punishing the infringement of these or of the ordinary police ia^vs by the infliction of a fine upon offenders. ^ But, in addition to these matters, all of which naturally fonned part of their duties as police magistrates, we find them, especially the riebeiau Aediles, instituting prosecutions against three classes of persons. 1. Those who were in occupation of more than the legal quantity of the Ager Publicus, that is, the land belonging to the state (Liv. X. 13.) 2. Those tenants of the public pastures (Ptcuarii) who had increased their flocks beyond the legal limits (Liv. X. 23. 47. XXXIII. 42. XXXIV. 53. XXXV. 10.) 3. Money lenders (^feneratorcs) who exacted more than the legal rate of interest (Liv. VII. 28. X. 23. XXXV. 41.) These were aflairs which might be regarded as peculiarly affecting the interests of the Plebs, and hence such prosecutions were probably originally instituted by the Plebeian Aediles in their character of assistants to tlie Tribunes. On this subject we sliall say more in the chapter on the Acjer Puhllcus. II. Curatores Annonae. — From the earliest times the Aediles acted aa inspectors of the markets, and hence they are termed uyopctvo^oi by the Greek writers on Roman history. In tliis capacity tlicy were called upon to see that the provisions exposed for sale were sound and wholesome, that the weights and measures were in accordance with the legal standard, and that tiie prices charged were not exorbitant. " But in addition to this, they Mere required to perfonn the more important and dllficult task of securing an adequate supply of com (cura annonae) at all times, and of making arrangements for importation from abroad when any appreliension prevailed of a scarcity froni ordinary sources, and of superintending tiie warehousing and distribution of the large cargoes, which, towards the close of the republic, were regularly despatched to Home from the provinces. Hence, they assumed the right of inflicting fines upon those dealers {frumcntarii) who lioarded u]) large stocks (oJ) unnonam comprcssani) in seasons of scarcity, in the hope of realizing an extravagant profit. In times of great emergency, however, a conmiissioner was chosen for the special purpose of procuring supplies, under the name Praefcctas Annonae; aud 1 Tabul neracl. Cic. in Verr. V. U. 2 Seiiec. Kpp. SU. Suet. Tib. 31. Claud. 38. Martial. V. 84. XIV. 1. » Liv. IV. 31). XXV. 1. 4 Liv. VI 11. la 22 X. .31. XXV. 2. Aul. Cell. X. C. comp. Val. Max. VI. i. 7. Liber, aa Aa\. Gill. XVL 7. Tacit Ann. II. 85. ■■> Liv. X 23. .■il.47. XXX. :j'J. XXX I 1L Ai. XXXIV. .Vt XXXV 10. 41. XXXVIIl. 35. 6 i'laut. Uud. 11. iiL 42. Juv. X. luO. Digest. XIX. ii. 13. J S. AEDILES. ] no Julius Cscsar instituted two additional Plebeian Acdilos, under the desi^ation of Aediles Cerealcs. ^ A denarius, cer- tainly struck before the end of the republic, presents on one side a head of Saturn with a sickle behind, and the legend Piso. Caepio. Q. ; on the other, two men clothed in the toga seated with an ear of com before and behind, the legend being Ad. Fru. Emxj. Ex. S.C. from Avhich we infer that the duty of purchasing com for the public was sometimes laid upon the Quaestors. III. Curatores ludorum solennitim. — The Aediles Cundes^ as Ave have seen, from the first took charge o? the Ludi Bovunn ; but the general superintendence exercised by these magistrates over the public games was closely connected with the obligation imposed upon them as heads of the police, to maintain order and regularity at the great festivals which, in the earlier ages of the state, were exhibited at the public cost exclusively. The decoration of the Argentariae^ (see above, p. 18,) with the gilded shields of the Samuites, at the triumph of Papirius, m B.C. 309, is said to have first suggested to the Aediles the idea of ornamenting the Forum and its vicinity with statues, pictiu'es, embroidery, and other works of art, during solemn processions and the celebration of the public games. This species of display was, towards the close of the republic, conducted upon such an extensive scale that works of art were borrowed for the purpose, not only from private individuals in Kome, but from public bodies in all the provinces, by the Aediles, who spared neither trouble nor expense in this nor in any other matter connected with the splendour of the great festivals, each being eager to surpass his predecessor, and hoping that, by gratifying the curiosity and feasting the eyes of the multitude, he would be able to secure their suffrages when candidate for the higher offices of state. ^ It is to be observed that, although the arrangement and regulations of these national shows devolved upon the Aediles, one of the higher magistrates, a Consul or a Praetor usually acted as President. ^ We may conclude this article by quoting from Cicero (In Yen*. V. 14) the catalogue of the duties which devolved on him in his capacity of Aedilis Curulis, and of the honours which formed the recompense of his labours — Nu7ic sum designatus Aedilis : habeo radonem, quid- a Populo Romano acceperim : mihi liidos sanctissimos maxima cum caereinonia Cereri, LiheTO, Liheraeque faciundos ; mihi Floram matrem populo p)lcbique Piomanae ludorum celebritate placandam; mihi ludos antiqtiissimos, qui jjrimi Romani surd nominati, maxima cum dignitate ac religione lovi, Iimoni, Minervae esse faciundos ; mihi sacrarum aedium procurationem^ mihi totam Urhem tuendam esse com- missam: oh earum rerum lahorem et sollicitudinem fructus illos datos, aniiqui- orem in Senatu sententiae dicendae locum, Togam Praetextam, Sellam Curulem, lus Imaginis ad memoriam posteritatemque tradendae. Aedileship under the Kuipirc. — The Aediles Plebeii and the Aediles Curiiles, together with the Aediles Cereales, instituted by Julius Caesar, continued to exist as distinct magistrates until the reign of Alexander Severus, when they 1 Liv. X 11. XXX. 26. XXXI. 1. 50. XXXIII. 42. XXXVIII. 1, Sueton. Caes. 41. Dion Cass. XLIII il. Pompon, de orig. iur Digest. I. ii. 2. § 32. 2 Liv. IX. 40. XL. 44. Cic. in. Verr. I. 19. 22. IV. 3. and notes of Pseud. Ascon. de N. D. L9. 8 Val. Ma-x. I. i. 16. Liv. XXXIV. 44. Macrob. S. IL G. Tabul. HeracL 160 AEDILES— QUAESTOKES. disappeared altogether. But although the office was thus retained for more tliau two centuries and a-half after the downfol of the commonwealth, the duties were reduced within very narrow limits, all the most important tasks performed by them under the republic having been by degrees committed to other hands. The general superintendence of the XIV Regions into wliich the city was divided by Augustus, was indeed intrusted to the Praetors, Aediles, and Tribunes of the Plebs; but the most important and onerous portion of this charge fell upon the Magistrl Vicornm, the Praefectus Vifillum and various Curatores, nominated for parti- cular departments. The Aediles seem to have retained little except the inspection of the streets, of baths and of taverns, the exercise of a literary censorship, and the enforcement of the sanitary laws. The Cura ludorum solennium was letl with them for a time ; but the expenses entailed by this charge being ruinous to men of moderate means, and popular favour being no longer an object of ambition, persons could not be found, even under Augustus, willing to accept the office, so that he was obliged upon several occasions to compel those who had held the Quaestorship and the Tribuneship of the Plebs to decide by lot •which of them should assume the Aedileship. Eventually, as stated above, he made over the whole superintendence of the public games to the Praetors, whom he assisted, for a time, by a graiit of public money. ^ QUAESTOKES. Origin of ilio Oflicc. — No subject connected with Pioman antiquities is involved in more doubt and confusion than the origin and early history of the, Quaestorship ; (^Quaestura ;) but without entering into a tedious critical examina- tion of the various opinions which have been advanced and maintained, we may Btate at once that much of the embarrassment has arisen from the circumstance, that two sets of magistrates, both bearing the name of Qnaestores, but whose functions M-ere entirely difterent, existed from a very early period. 1. Quaestores Aerarii or keepers of the treasury, ordinary magistrates, who took charge of the public money, receiving and disbursing it under the orders of the Senate. 2. Quaestores Parricidii, extraordinary magistrates, appointed in the primi- tive ages to preside at criminal trials, originally, as the name imports, at trials for homicide. 'Wiien we proceed to inquire into the administration of justice among the Romans, we shall find that, at all periods of the republic, commis- Bioners specially appointed to preside at criminal trials were termed Quaesitores, which is merely another form of Quaestores, and that Quaesiio is the technical word for a criminal trial. The Decemviri PerduelUonis nominated by Tullus llostilius (Liv. I. 2G) to try Iloratius must be regarded as aflbrding the first example of Quaestores Parricidii ; and again, at a much later period, (B.C. 384,) Livy (VI. 20) found in some of his authorities that Manlius was tried and convicted by Duumviri appointed for the purpose of investigating the charge of treason. It is quite true that in the earlier books of Livy mention is made of Quaestores in connection with criminal trials, where apparently the ordinary Quaestores are the persons indicated ; but in these instances they are spoken of as accusers, not as judges ; - and that the ordinary Quaestores were the 1 Tacit Ann II. 85 HI. h2. 55 IV. .3.5 XIII. 28. Plin. H.N. XXXVI. 1.5. Senec de vlt beat. 7 KpiBl. LXXXVI. Suet Til) .•?« 35. Vesp. 5. Dion. Ca.ss. XLIX. 43. LIIL a. LIV. 2. 10. LV. 'J*. .31. LVI '27. LVII -H. I.IX. 12 J Liv. II. +1. the first passage in which he mentions QuaeHorci, IlL 24. 'J.5. VI. 20. 25. See «lgo Cic. dc U. IL 35. QtTAESTORES. 161 magistrates to whom tlie prosecution of criminals was frequently intrusted, especially in tlie absence of the Consuls, is proved by the assertion of Varro, that for this purpose, and for this only, they had the right of summoning the Comitia Centuriata — Alia de causa hie magistratus non potest excrcitum urbanum convocare. ' In what follows, therefore, we shall confine our attention exclusively to those Quaestors who, for the sake of distinction, were called Quaestores Aerarii, reserving all remarks upon the criminal judges called Quaesitores or Quaestores, whom we believe to have been perfectly distinct from the others, until we treat of criminal trials. ^ But even after we have drawn this line of separation, we do not yet find our authorities agree as to the period when the ordmary magistrates called Quaestores were first introduced. According to Jimius Gracchanus, as quoted by Ulpian, they were as old as the time of Romulus and Remus, and Tacitus says that they unquestionably existed under the Kings — quod Lex Curiata ostendit ah Lncio Brutn repetita. Livy, on the other hand, and Plutarch state as positively that the office was not instituted until after the establishment of the commonwealth. ^ That there must be officers in every regularly organized state to take charge of tlie public treasury appears so obvious that, even if the statements of Gracchanus and Tacitus had been less positive than they are, we should at once have prefen-ed their authority, and we may therefore conclude that the office passed over from the regal to the republican period without material change. Number of Liv. Ill C9. IV. 22. VII 2.-). t Poljb. III. 2«. Liv XXXIX. 4. Tacit. Ann. ITT. .'il. Suet. Octav. 94.', s Liv. XXIX 37. Val. Max. U. viii. 1. Appian. B.C. I. 31. 6 Liv. IIL 2.T Dionys. X 23. T Auct iid Herenn i. 12. Pint. Cat. min. 18. Liv. XXIU. 23. Val. Max. IL U. 1, » Varr. ap Aul. Gcll. XIIL 12 9 Dion Cass. XLIIL 47. Tacit. Ann. XI. 22 164 QUAESTORES — CEXSORES. subsequently to two of the annual Praetors. This arrangement was overthroA\'n by Claudius, who again made over the Aerarium to two Quaestors, with this alteration, that these individuals were to retain office for three yeai's instead of one. By Nero Praetorii were again employed ; Praetores by Vespasian, and no fiu-ther change took place until the reign of Trajan. When the commissioners employed were Praetors, they were termed Praetores Aerarii, when ciiosen from Praetorii they were called Praefecti Aerarii. From the t-ime of Trajan we hear oiPraefecti Aerarii only, but we are not told from what class they were taken.' Another change commenced under the Triumvirs, by whom two Quaestors were assigned to each Consul. Hence, so long as two of the Quaestors continued to preside over tlie treasury, six Quaestors remained each year in the city ; and the titles Quaestores Urhani and Quaestores ConsuUs are used as synonymous. The Quaestores ConsuUs, as well as the other Quaestors, remained in office for a Avhole year, and consequently served under a succession of Consuls. The governors of those provinces which were under the administration of the Senate were, as in ancient times, each attended by a Quaestor. - But iu addition to the ordinary Quaestores CoiisuUs and the Quaestores Provinciarum, a Quaestor was always assigned specially to the Emperor, and styled Quaestor Principis or Quaestor Candidaius Principis or simply Candidatus Principis. This indi- vidual was nominated by the Emperor, and it ivas his duty to communicate to the Senate the imperial Rescripts, which were, for the most part, drawn uj) by himself. It is almost unnecessary to observe that he was regarded as much superior in dignity and influence to his colleagues, occupying, in many respects, the position of a principal Secretary of State, but holding office for one year only. When the Emperor was Consul he had two Quaestors in virtue of his office, who were called Quaestores Caesaris ; but we know not whether in this case there was a Quaestor Principis in addition. * By an ordinance of Alexander Severus the Quaestores Principis, were immediately promoted to the Praetorship, and upon them was imposed the exhibition of certain public games, hence termed Quaestorii Ludi — Quaestores Candidatos ex sua pecunia iussit viunera populi dare, sed ut post Quaesturam Praetaras acciperent et hide Provincias regcrent (Lamprid. Alex. Scv. 43.) ifrigin of the office. — As soon as the constitution of Servius TuUius wa-s established, it became necessary that the whole body of the Roman citizens should be registered at regular periods, and that the age of the individual members of the state, together witli the value of their jjroiicrty, sliould be correctly ascer- tained, in order that the amount of tax (Iributuin) for which each was liable, might be determbied, and that each might be ;issigned to ids proper Class and Century, so as to secure order and accuracy in the arrangements of the Comitia Centuriata. The business connected with this Registration, and the solemn lites by which it was accompanied, were originally jiciformed by the Kings, and after the revolution by the Consuls, until tiie increase of jjublic business, and a desire upon the part of the Patricians to prevent duties, which they regarded as peculiarly sacred, from being discharged by Plebeians, led to the institution of a new magistracy termed Censura, tlie magistrates who lield tlie office being called Censokes, i.e. Regktrars. This took place in B.C. 443, tlie law for 1 Tacit. Ann. I. 75. XIII. 28. 29. Hist. IV. 9. Suet. Octav. 3G. Claud. 24. Plin. Panegyr. 91. Epp. X.. 20. Dion Cass, LIII 2. 32. LX. 4 10 24. :• Dion CaHS XLVIII. 43. Plin Epp V 11 1. 23. 3 IlpUn. Digest 1. xiii. Plin. Epp. VII. IG. Tacit. Ann. XVI. 27. Suet. Tit. G. CENSORES. 1G5 the election of Trlbuid Mllitares consularl poteslate having been passeil in B.C. 445.1 dumber. ITIofle of Eltciion. Qnnli^cniion, c&c. — The Censors were always two in nnnil)er, and were originally cliosen from the Patricians exclu- sively. In B.C. 351, we find for the first time a I'lebeian Censor, C. ilarcius Rutiius. In B.C. 339, a Lex PuhliUa was passed by Q. Publilius Philo when Dictator, enacting tliat at least one of the Censors mast ])e a Plebeian. In B.C. 280, the solemn sacrifice of the Lustrum, with which each Registration was closed, was performed for the fli'st time by a Plebeian Censor, Cn. Domitius, and in B.C. 131, we iiave the first example of two Plebeian Censors.^ The Censors were cliosen by the Comitia Centuriata. The assembly for their election (^Comitia Censoria — Comitia Censorihus creandis,') was held by tlie Consuls soon after they entered upon office, and the Censors appear to have com- menced their duties inmiediately after their election, and, therefore, upon no fixed day.^ As a general rule, no one seems to have been considered eligible wlio had not previoush' held the office of Consul ; but we have no reason to suppose that there was any law enforcing such a restriction, although when an exception occurs, it is mentioned as something extraordinary.* Peculiarities connected ^vith the oflicc. — The Censorship was character- ized by several peculiarities which distuiguished it from all the otiier great offices of state. 1. Wliile all the other magistrates of the republic remained in office for one year only, (anrad,') the Censors originally retained their office for five, that being the stated period (lustrum') which elapsed between each Registration. But m B.C. 434, nine years after the institution of the Censorship, a feeling having arisen that freedom might be endangered if the same individuals were suffered to exercise power for such a lengthened period, the Lex Aemilia was passed by Mam. Aemilius, at that time Dictator, enacting that the Censors should hold office for one year and-a-half only; {ne plus quam annua semestris Censura essei ;) and, accordingly, from that time fonvard, all Censors, with one excep- tion, resigned at the close of the above-named period. It would seem, however, that they could not be forcibly ejected, for Appius Claudius Caecus, (B.C. 312,) on the pretext that the Lex Aemilia applied to those Censors only during whose magistracy it had been passed, persisted in retaining office after the eighteen months had expired, although his colleague had retired, and although all classes united in reprobating his conduct — Summa invidia omnium ordinum solus Ceu- suram gessit. * 2. In B.C. 393, it happened, for the first time, that one of the Censors, C. lulius, died while in office, and his place, according to the system followed with regard to the Consulship, was filled up by the appointment of P. Cornelius Malu- ginensis. Three years afterwards, (B.C. 390,) before the period for the election of new Censors had arrived, Rome was captured by the Gauls. Hence a super- stitious feeling arose, and it became an established rule that, if a Censor died ' while in office, his place was not to be filled up, but that his colleague must resign, and two new Censors be elected. It hajipened upon one occasion that this second set of Censors Avere found to be disqualified, which was regarded aa au 1 Liv. III. 3. IV. 8. 28. Dionvs. VI. 96. 2 Cic. de legg. III. .3. Liv. VII -Jl X. 8. VFU. 1? Epit. XIII Epit. LIX. 3 Liv. XXIV. 10 XXVII 11. XXXIV 44. XXXIX. 41. XLI. 5i7. XLIIL 14. 4 Liv. XXVII. fi. 11. comp. Fast. Capitolin. s.a. iOO. 5 Liv. IV. 24. IX. 34. 166 CKNSORES. indication that the Gods desired the office to be suspended for that Lustrtim, and no third election toolc place. ^ 3. C. Marcius raitilns havinf^been elected Censor for a second time in B.C. 26"), an honour, ajiparently, never before conferred upon any individual, he publicly declared his disapprobation of the procedure, and passed a law by wjiich it was forbidden that any one should hold the office twice. From tiiis transaction, the epithet of Censorinus was borne, as a second cognomen, by one of the branches of the Gens Marcia. ^ 4. It was necessary that both Censors should be elected on the same day. If one only of the candidates obtained the necessary number of votes he was not returned, but the proceedings were renewed upon a subsequent day — Comitiis Ce7isoriis, nisi duo confecerint U(jitima suffragia, iion renuntiato altera, comitia differ aniur.^ See above, p. 110. Insisiiin ofttic Ceusors. — The Censors had the Sella Curidis, and we gather from I'olybius that their state dress was not the Toga Praetexta but a Toga Purpurea, that is, a cloak not merely bordered or fringed with purple, but all purple. They had no lictors. * i>as;iiiiy of ilie Censors. — The nature and extreme importance of the duties performed by the Censors, as described below, taken in connection with the circumstance that the office was almost invariably filled by Consulars, placed these magistrates in a pre-eminent position. Although far inferior in actual power to a Dictator, to a Consul, or even to a Praetor, the Censor was invested with a certain sacred character which always inspired the deepest respect and reverence. To be chosen to fill this post was regarded as the crowning hoi»onr of a long lil'e of political distinction — Ko^l-^-zj oe t*/j ia-rl nin'^; a.-Tzoror,; v; eto^'I '"*' nmicM of Jlie €cnsor.s. — Tiie duties of the Censors, which at first were easy and simple, became, in process of time, highly comjilicatcd and multifarious ; but they were all closely connected with eacii other, being, in fact, merely develop- ments and extensions of their original functions. They may be conveniently classed under three heads : — "^ 1. The Registration (^Census.) 2. The superintendence of public morals (Regimen mnriim.) 3. Arrangements for the collection of the public Revenue and the execution of public works. These we shall consider separately. I. The Census or Registration. — The fundamental and, originally, the sole duty of the Censors was to draw up a complete catalogue of the citizens of Rome, stating in detail the age of each, the amount of his property, including slaves, and the number of his children — Censores popidi aevitales soholes familias pecuniasque censento. This registration was technically termed Census,'' and the Censors, in performing the duty, were said censum censere s. agere s. habere s. facere. AVhen they made an entry in their books (Tabulae Censoriae) I Liv. V. 31. VI. 27. TX. 34. XXIV. 43. XXVIL C. comp. Plut. Q. R. 50. Fast. Capitolin, passim. ■■t Val. Max IV. i. 3. Plut. Cor. 1. 3 Liv. IX. -Ai. * I.iv. XL. ih. Polyb. VI. 5.3. but comp. Athcnaeus XIV. 79. Zonar. VII. 19. « Plut Cat Mai. I(i. Flaminin IS. Zonar. VII. 19. Suid. p 3.5Gi). ed. Gaisf 8 Liv. IV. 8. Cic dc IcRpr III. 3. Zonar VII. 19. Ulpian. Digest. L. xv. 3 4. 7 Hence the word CV'/w/t frequently signifies fnrlune or propi'rti/, as in the phrasps 7n ;>r>>fio pretiwn nunc i^.sl. rliit Ck.vbcs /i'/n. 2 Censeri is used as a deponent verb in such phrases as, Cf.nscs vs pnteterea nuineriitae pecutiiiie sexlflr/iiiriim trigiiita milliu — Ce.nsus es iminci/jia Amyritae, i.e. You registered or made an entry of. Cic. i.e. 3 e.pr //( CK.vsiBCs quoque accipiendis (ristis ct aspera in otnnes ordines Centura fuit. Liv. XXX IX 44. 4 See Liv. XLIII. 14. Thus Cicero asks (Pro Flacc. 32) lUnd quaero, sinlne ista praedia Censdi cknskndo ? Comp. Paul. Diae. s v. Coisui censoido, p. 58. fi Censoii, ad qimius Ck.nsione.m, id eit, arbitrinin, certseretur ]iopnIus. Varro L L. V. J 81. ^ e.^. Hiiec fiiquentia tulius Italiae . . . . guae coiireuit ludomm CENSEttDnivn cuusa. Cic. In Verr. Act. I. 18. 7 Here Censeri is a passive verb, with Cenms for its participle, e.p. Ne ahsens CE.vsBAnE, curabo edicendum, he. Cic ad .Att I. 18. — Conrenrrat tnitejn e.r municipiis rniifcuiiqiie modi inultiludn .... ?t< cr^.vsEitETUK apiid Censores Gttliuin et l.eiitulvin Pseud. Ascon. in Cie. Verr. Act. I 18 — l.nstm a Censoribus rnnditn, censa sunt capita civiuin ducenta sepiuagi.Ua unum milliii ducenta risiiiti quiiluor. Liv. Epit. XIV. 8 Liv. XLIll. U. Paul. Diac. s v. Dnicensus, p Gfi. 9 On the matter contained in this section consult the curious extracts from the Tabiihte Censoriae, (a general name for all written documents connected with the office,) preserved in ^ arro L.L. VL J 86. also the Tabula Heracleensia ; Dionys. IV. 15. and Aul. Gell. IV. .0. 168 CEXSORES. were anointed with perfumed oil (murrlia ungventisque nnguentnr .') Upon the an-ival of the Praetors, the Tribunes of tiie Plebs, and others invited to act as assessors, {in consilium vocati,) the Censors cast lots which of them sliould otTer the great purificatory sacrifice, with which tlie whole proceedings closed {Censores inter .se sortiuntnr uter Lustrum faciat.') Tlie meeting was then constituted by the Censor on wliom the lot had fallen, and he must have been looked upon as the president. These preliminaries concluded, the Tribes were called in succession, tlie order in which they were to be summoned having been probably decided by lot. Each Pateifamilias, who was sui iuris, was called up individually, and required to declare liis name, the name of his father, or, if a freedman, of his patron, his age, and the place of his abode. He was tiien asked whether he was married or single, and if married, the number of his children and their ages {Equilum peditumque prolem Censores describuhto.^ Finally he was obliged to state what property he possessed, and an estimate was formed of its total amount, the Censor being assisted in this matter by sworn valuators, who seem to have been called luratores. ^ The whole of these particulars were taken down by the Scribae and entered in the registers, {Tabulae Censoria'},) wliicli were deposited in the Atrium Lihertatis^ (see above, p. .33.) It is evident that, as the population increased, the operations described above must have become very tedious, and have occupied a long space of time. II. Morum Rerjimen. — But the Censors were required to perform, not only the mere mechanical duties of the Census, but, in process of time, were fully I'ccognised as the inspectors of public morals {piores populi regunto^ and the organs of public opinion. In this capacity they were empowered to brand with disgrace (ig?iominia) those who had been guilty of acts which, altiiough not forbidden by any penal statute, were pronounced by the voice of society to bo disgraceful in a Roman, or of such as were calculated to prove injurious to the ■vvellbeing of the state and the interests of the community at large. Hence, not only gross breaches of morality in public and private life, cowardice, sordid occupations, or notorious irregularities, fell under tiieir corrective discipline, but they were in the habit of denouncing those who indulged in extravagant or luxurious habits, or who, by the careless cultivation of their estates, or by wilfully persisting in celibacy, omitted to discharge obligations held to be binding on every citizen. It was the exercise of tiiis discretionary power which invested the Censor with so much dignity ; for the people, when tiicy elected any indi- vidual to fill this office, by so doing, ])ronounced iiini qualified to sit in judgment on the character and conduct of the whole body of his fellow citizens. An expression of disapprobation on the part of a Censor was termed Noiio s. Notntin s. Animadrcrsio Censor ia, and the disgrace inflicted by it Nota Censoria ; for when attached to tlie name in the register, it was regarded as a brand of dishonour stamped upon the fame of the culprit — Qui pretio adductus eripuerit patriam, fortunas, liberos ciui innocenti, is CENSOiaAE severitati.s XOTA Nox ixuKETUR?* No prcvious judicial investigation nor examination of witnesses was held necessary ; but in affixing the mark they assigned the reason, (Snbscriptio Censoria,^ and occasionally, wlien any doubt existed in their minds, they allowed those whose character was impeached an o]5portunity of 1 Plant Poen. Prol. SS. Trin. IV. ii. 30. Liv. XXXIX. 41. These passages, however, can scarcely be regarded as decisive. 2 l.iv. XMII 10. 3 Cic. pro Clu'.'nt. 16. I CENS015ES. 169 dei't'iuling' themselves. The only effect of the Animadversio Censoyia, in itself, was to affix a stigma (ignominid) on the individual — Censoris iudicium nil fere damnato nisi ruborem afferi. Itaqtie nt omnis ea iudicatio versatur tantum- modo in nomine^ animadversio ilia ignominia dicta est ; ^ but, in addition to the mere disgrace thus inflicted, the Censors could, to a certain extent, deprive the object of their displeasure of substantial honours and political privileges. If he were a Senator they could omit his name from the Albinn Senatorium, whence such persons were termed Praeteriti Senatores, and thus expel him the body ; (^movere senatorem senatii;) if he were an Eques eqno publico, they might deprive him of his horse ; (eqiium equiti adimere ;) and any ordinary citizen might be transfen-ed from a Tribits Rustica to one of the Tribus Urbanae, or liis name might be left out of the list of registered voters altogether and placed among the Aerarii (see above, p. 82.) It must be remarked, however, that neither the dishonour nor the degradation were necessarily permanent. The Censors next elected could reverse the sentence of their predecessors, and reinstate those whom they liad disgraced {notaverant) in all their former dignities, so tiiat we find examples of persons, who had been marked by Censors, rising afterwards to the highest ofHces of the stfUe and even becoming Censors them- selves. ^ It is to be observed further, that the Nota of one Censor had no force unless his colleague concurred, and accordingly persons were sometimes removed from tlie Senate by one Censor and then replaced by the other ; and upon one occasion Rome witnessed the unseemly spectacle of two Censors who mutually marked and degraded each other. * But when the duties of the office were discharged harmoniously {concors Censura^ there was no appeal from their decision to any otiier court. On one occasion, indeed, when Appius Claudius (Censor B.C. 312) had displayed notorious partiality in choosing the Senate, the Consuls of the following year refused to recognise the new list, and summoned the Senate according to the previous roll — Consides . . . qnesti aptid popidian deformatum ordinem prava lectione Senatus, qua potiores aliquot lectis prae- teriti essent : rtegaverunt, earn leclionem sr, quae sine recti pravique disci'imine ad gratiam, ac libidinem facta esset, observaturos : ct Senutum extemplo cita- verunt eo ordine, qid ante Censores Appiurn Claudium et C. Plautium fuerat. Notwithstandmg the assertion of Zonaras, (VII. 19,) it seems certain that the Censors had not the right of proposing laws in the Comitia Centuriata. No doubt we find mention made of Leges Censoriae^ but although this expression has a twofold meaning, in no case does it denote laws in the ordinary sense. 1. Leges Censoriae were the ordinances and rules laid down by successive Censors with regard to the forms to be observed in performing their duties, and these at length formed a sort of code, which Censors were held bound to respect. " 2. Leges Censoriae is a phrase used also to denote the conditions and stipu- lations contained in the contracts entered into by the Censors on behalf of the public. ® III. Arrangements for the Collection of the Reve7me. — One of the earliest taxes imposed upon the Romans was the Tributum, which, being a property-tax, tiie amount paid by each individual depended upon the value assigned to hia 1 Liv. XXIV. 18. 2 Cic. de R ap Non. Marcell. s.v. Ignominia p. 15. ed. Gerl. 3 Liv. IV. 31. Cic pro Cluent. 42. Pseud Ascon. ad Cic. Div. in Q. C. 3. Val. Mas. 11 ix. 9. i Oic. pro Cluent. 43, Liv XL. h\. XLIL 10. XLV. 15. comp. XXIX. 37. f Plin. H.N. VIII. b\. 57. XXXVI. !. 6 Cic. in Verr. I. So. de N. D III. Vi. 170 CENSOKES. property. This value being fixed by the Censors, the task of making arrangements for the collection of the tax naturally devolved upon them ; and as tiic income of tiie state gradually increased, although by far the largest portion of it was derived from sources in no way connected with their jurisdiction, they v^ere still intrusted with the extended charge. AVe shall reserve all details upon this subject for the chapter in wjiich we treat of tlie Koman Revenue ; but we may here state generally, tiiat few of the imposts were collected directly, but were formed out upon lease to contractors, who paid a fixed sum annually. The business of the Censors was to frame these leases or contracts, which were for a period of five years, and to let them out to the highest bidder. It must be understood, however, that the Censors had no concern whatsoever with the actual payments into the treasury, which Avere made by tlie contractors to the Quaestors, nor with the expenditure of the public money, which was regulated by the Senate, and, tlierefore, in no sense could they be said to administer tiie finances of the state. IV. Superintendence of Public Wo7-ks. — Wiien tlie Senate had resolved to execute any public ^vorks, such as highways, bridges, aqueducts, harbours, com-t-houses, temples, and the like, the Censors were employed to make the necessary contracts and superintend the progress of the undertakings, and hence the most important of these were frequently distinguished by tiic name of the Censor to whom tlie task had been assigned. Thus we have the Via Appia, the Via Flaminia, the Aqua Appia, the Basilica Aemilla, and a multitude of other examples. Not only did tlie Censors take measures for the execution of new works, but they also made the necessary arrangements for keeping those already in existence in good repair, and in doing this they were said, in so far as buildings were concerned, sarta tecta exigere, i.e. to insist upon their being wind and water- tight. Finally, they provided various objects required for the state religion, such as the victims oftcrcd up at public sacrifices, horses for tiic games of the Circus, food for tlie Capitoline geese, and red paint for the statue of Capiioline Jove. Every thing was done by contract ; and we may take this opportunity of explaining the technical terms employed with reference to such transactions. The person for Avhom any work was to be performed by contract w^s said LocARE opus faciendum ; the person who inidertook to perform tlie work for a stipulated payment was said Conduceue s. Kedimere opus faciendum^ and was called IlEDEJITOK. If, after tlie work was finished and inspected, the person for whom it had been executed was satisfied, he M'as said opus prohare^ and formally took it off the contractor's hands — in acceptum rclnllt ; but, on the otlier hand, if the work had not been executed in terms of tiie agreement, then — vecjavlt opus in acceptum rcferre posse. The sums expended upon the objects indicated above were comprehended imder the general term Ultrotrlbuta, and iicnce the Censors, in letting contracts for the performance of such works, or furnishing such supplies, were said Locare Ultrotribiita. i>ii.sii-iim. Condrrc l^ni^iriini — After the Ccnsors had concluded tlie various duties committed to their charge, they proceeded in the last place to ofi'er up, on behalf of the whole Itoman people, the great expiatory sacrifice called Lustrum^ and tliis being oficred up once only in the space of five years, the term Lustrum is frcfpicntly employed to denote that space of time. The Censor to whose lot it fell to ])cif(>rni this rite was said Lustrum facere s. Condere Lustrum. On the day fixed, the whole body of the people were summoned to assemble in the CENSORES — PRAEFECTUS URBI. 171 Campus Martins In martial order, (exercitiis,^ ranked according to their Classes auil Centuries, horse and foot. Tiie victims, consisting of a sow, a sheep, and a Inill, whence the sacrifice was termed Suovetaurilla, before ijcing led to the ah;ir, were carried thrice round the multitude, who were tlien iield to be purified and absolved from sin, and while the immolation took place tlie Censor recited a set form of prayer for the preservation and aggrandizement of tiie Roman state. Do'iTiifnl and Gradual JKxIiiiction of Ihc Censorship. — TilC Censorship iras instituted, as we have seen above, in B.C. 443, and continued in force, with a i'tiw occasional interruptions, for about four hundred years. It was first directly attacked by the Lex Clodia, B.C. 58, which ordained that no one Bhoukl be expelled from the Senate unless he had been Ibrmally impeaciied, found guilty, and the sentence confirmed by both Censors. This law was, indeed, repealed six years afterwards, but the circumstances of the times were such as to render the office powerless, and during the civil wars it was altogether dropped. An attempt to revive it was made by Augustus, who having held tiie office in B.C. 28 along with Agrippa, caused L. Munatius Plaucus and Paullus Aemiliiis Lepidus to be nominated Censors in B.C. 22, but witli them the office may be regarded as having expired. Tlie Emperors, under the title of Praefecti Morum^ undertook the regulation of public morals and the selection of Senators, while the other duties of the magistracy were assigned to various functionaries. Claudius, in A.D. 48, took the title of Censor, assuming as his colleague L. Vitellius, the father of tlie Emperor Vitellius, and the same com-se was followed by Vespasian, who, in A.D. 74, assumed his son Titus as his colleague, while Domitian styled himself Censor Perpetuus. We find Censor among the titles of Nerva, but it does not appear again until the reign of Decius, when Valerian was named Censor without a colleague. TRAEFECTUS URBI.^ We have already had occasion to mention (p. 130,) that when the king was compelled to quit the city he committed his power to a deputy sty\&A Praefectus Urbi, or, originally, perhaps, Custos Urhis, whose office was probably perma- nent, although no duties were attached to it except in the absence of the monarch. During the earlier ages of the republic, when both Consuls were required for military service, a Praefectus Urbi was named by the Senate to act during tlieir absence. He was, it would seem, invariably a person who had held tlie office of Consul, {considaris,') and he enjoyed during the period of his ofiice the same powers and privileges within the walls as the Consuls themselves. During the sway of the Trihuni Miliiares, C. P., that individual of the body who remained in the city seems to have been designated as Praefectus Urbi. After the estab- lishment of the Praetorship the duties which, in the absence of the Consuls, would have devolved on a Praefectus Urbi were discharged by the Praetor Urbanus, and the office fell, for all practical purposes, into disuse, until revived in a permanent form under tlie Empire. ^ But althougli the magistracy fell into disuse for all practical pui-poses, it was nominally retained during the whole of the republic, for a Praefectus Urbi ^vas nominated annually to hold office during the celebration of the Feriae Latinae. This festival was solemnized on the Mons Albanus, and from the period of its institution was attended by all the higher magistrates and the whole body of the Senate. Hence, in the 1 The forms Prnefectiis Ubbis and Prnpfeclus TTuni are both found in the hest writers. 2 Liv. I. sn. 60. Hi. 3. n. 9 '24. 29. IV. 36. comp. IV. 31. 4."). bi). VL 30. Dionys. V. 7d. VL J3. VIII. 64. X. 23. 24. Tacit. Ann. VI. 11. 172 GENERAL REMARKS OX THE HIGHER MAGISTRATES. earlier ages, the appointment of a Praefeclus Urhi^ who miglit take measui'es for protecting the city from any sudden attacii on the part of tiie numerous enemies by which it was surrounded, was absohitely necessary ; but after all danger fi-om without had passed away, the practice was retained in consequence of its connection with religious observances ; and iinder the Empire, when the Praefectus Urbi had become one of the ordinary magistrates, another Praefeclus appears to have been nominated for the period of the festival, who was usually some youth of distinction. ^ GENERAL REMARKS OX THE HIGHER MAGISTRATES. "We shall now proceed to consider some matters connected with all, or with the greater number of, the higher magistrates of the republic, but to which we could not advert fully until we had discussed each office separately. The I£iiig'»« and Jhc IWasistralcs of (he Republic. — The essential distinc- tion between the regal and the republican governments, as they existed among the Romans, was, that under the former the whole executive power, civil, mili- tary, and religious, was vested and concentrated in the person of one individual, who held office for life and was irresponsible, while under the latter, the perform- ance of the most important public duties was committed, in the first instance, to two, and gradually to a much larger number of persons, included under the general designation Magistratus, who, with the single and not important excep- tion of the Censors, retained their authority for one year only, (cmnui magis- iratits,) received their appointments directly from the people, (per siiffragia popidii') and were responsible to tiiem for the manner in which they executed the tasks intrusted to them. (Polyb. YI. 1.5.) The term Alagistratus, let it be observed, denotes alike an office and an official, a magistraci/ or a magistrate. The Kings disposed of a certain amount of revenue from lands belonging to the state ; the Magistrates of the republic received no salary for their services, but the different appointments being regarded as marks of confidence bestowed by the sovereign people were always eagerly sought after, and held to be the most honourable of all distinctions. Hence Honorem gerere and Magistratum gerere are convertible terms, and all the offices of state were comprehended in the single word Honores. It is true that, towards the close of the republic, the government of the Provinces, which fell to those who had held the chief magis- tracies, was conducted in such a manner as, in many cases, to procure vast wealth fur the governors, but the means resorted to in order to gain this end Mxre, for the most part, altogether illegal, and forbidden by a series of the most stringent enactments. This abuse, which affords one of the most glaring proofs of the degeneracy of moral feeling among men in exalted station during the decline of the commonwealth, was in many cases produced by the pecuniary embarrass- ments of provincial governors, who were tempted to reimburse themselves for the enormous sums which they had expended, when Aediles, on public shows and games, (see above, p. 159,) and in direct bribery previous to their elections. Kleciioti of .ilaBistrates — All the ordinary magistrates, without exception, were elected by the votes of the people in their Coniitia. The Consules., Prae- tores and Censores were elected in the Comiiia Centuriata, as were also the 1 Tacit. Ann. IV. 36. Suet. Ner. 7 Claud 4. Capitolin. M. Aur. 4. Aul. Gell. XIV. 8. See alsu Dion Cass. XLL 14. .\LIII. -i'J. XLIX. Ki. M. LIIL 33. LIV. 17. Some particulars with reKard to the I'raeffClua UrOis will be found in Lydus. (De Mens. 19. I3e Mauistr. I. 34. ■^j*. II G,) but no confidence can be reposed in bis statements unless corroborated by otber autborities. GENERAL REMARKS OJJ THE HIGHER MAGISTF AXES. 173 Dei-emviri leg'ibus scrihendis and the Tribuni militum consulari potestnte, all others, during the last two centuries at least, by the Comitia Trihuta. Qualincatioii a* «o Bii-Eli. — We have already stated that no one could be chosen Tribune of the Plebs or Plebeian Aedile except he was actually a member of a Plebeian family, eitlier by birth or by adoption. We have also pointed out that all the other great offices were originally filled by Patricians exclusively, but that the Plebeians succeeded gradually in breaking down every barrier until they were admitted to a full participation m all political privileges, Avith this positive advantage, that while only one place in the consulship and the censorship could be filled by a Patrician, both might be filled by Plebeians. After this state of matters was established, any Roman citizen was eligible to any public oflice, provided he was free-born (ingenuus) and the son of free-born parents, so that Libertini and the sons of Libertini were excluded : but this seems to have been the result of popular feeling rather than of any legislative provision, and we have an exception in the case of Cn. Flavins, who althougli the son of a Lihertinua^ was Curule Aedile in B.C. 304 ; (Liv. IX. 46 ;) but the feeling, under ordinary circumstances, was so strong that in the early ages of the commonwealth it was deemed necessary tliat tiie paternal ancestoi-s of a candidate should have been free for two generations at least (patre avoque paterno ingenuus.^ ^ Qualification as to Age. — For more than tlu-ee centuries after the expulsion of the kings, there was no law defining the age at which a citizen might become a candidate for one of the higher magistracies. ^ Men of mature years and extensive experience w^ould, as a matter of course, generally be prefen'ed; but although we find the Tribunes of the Plebs objectmg to Scipio, on account of his youth, when he stood for the Aedileship — negantes rationem eius habendam esse, quod nondum ad petendum legitima aetas esset ^ — then* opposition proved imavailing, and it is clear that there was no positive enactment on the subject. , The words of Tacitus (Ann. XI. 22) are perfectly explicit — Ac ne aetas quidem distinguebatur, quin prima iuventa Considatum ac Dictaturam inirent; and accordingly we find that ]M. Valerius Corvus was consul at the age of twenty- three; that the elder Scipio received an important command when twenty-four years old, and was consul at tliirty. * But in B.C. 180, L. Villius, a Tribune of the Plebs, passed a law, known as Lex Villia Annalis, which determined, in reference to each of the higher magistracies, the age at which a citizen was to be held eligible — qiiot amios nati quemque magistratum peterent caperentque. We are nowhere told expressly what the several ages were, but the case of Cicero is usually regarded as supplying the requisite information ; for he declares that he had been chosen to each office sno anno, which is understood to mean, as soon as he was legally eligible. ^ Now Cicero, when Quaestor, was thirty-one years old, when Cm-ule Aedile thirty-seven, when Praetor forty, when Consul forty-three. It is to be understood that the demands of the law were held to be satisfied if the individual was in his thirty-first, thirty-seventh, fortieth and forty- thu'd years, although he had not completed them, ® and this w\as, in fact, tlia case with Cicero, for his birth-day was the third of January, and he entered oa the above offices two days before he had completed his thirty-first, thirty-seventh, 1 Such is the inference we draw from Plin. XXXIII. 2. Liv. VI. 40. Suet. Claud. 24. 2 Cic. Philipp. V. 17. Tacit. Ann. XL 22. 3 Liv. XXV. 2. comp. Poljb. X. 4. Liv. VII. 26. XXVL 18. XXVIII. 43. Val. Max. VIII xv. .5. 6 Cic. de Off. II. 17. de. leg apr. II. 2. Philipp. V. 17. Brut 94. 6 This principle seems to have held good generally in Eoman law See Ulpian. Digest. L. iv. 8. '.ff 174 GENER.'VL REMARKS ON THE IIIGIIEK MAGISTRAVES. fortieth aiul forty-third years respectively. It is manifest also from tlic pr.ssages referred to, at tiie bottom of the page,^ tliat, in the time of Cicero, at whatever age a citi/en was chosen Aedile, it w^as necessary tiiat two clear years siionid inteiTcne between the Aedileship and the Praetorship, and tlie same space between the Praetorsliip and the Consulship. A difficulty arises, however, witli regard to the Quaestorship. Poiybius, wiio tlourished half a century after the passing of the Lex Villia, tells us (VI. 19) that no one could hold any political office until lie had completed ten years at least of military service. But since tlie regular age for entering the army was seventeen, we should conclude that tiie Quaestorship might be held at the age of twenty-seven, and this is confirmed by the fact, that both Tiberius and Cains Gracchus were exactly that age when they licld the office. * On the other hand, Ave have seen that Cicero completed his thirty-first year two days after he entered on the Quaestorship. But it does not necessarily folloAv that his assertion, that he held each of the honores as soon as he was eligible — suo anno — is erroneous. For, — 1. In the first place, he probably refers to the Curule magistracies alone, the Aedileship, the Praetorship and tiie Consulship ; indeed, we know that the Quaestorship was not, strictly speaking, accounted a Macjhtralus at all. This is evident from a well known passage in the speech of Cicero on behalf of the Manilian Rogation, (cap. 21,) where he says that Pompeius, in virtue of a special dispensation from the Senate — ex Senatus considlo lecjibus solalus — was elected Consul — untequam idlum aliuvi magistratum per leges capere potuisaet. But Pompeius w-as in his thirty-sixth year when he entered on his first Consulship, (B.C. 70,) and therefore, inrdcr any supposition, must liave been eligible for the Quaestorship, but not for the Aedileship, whicli is here evidently regarded as the lowest office to which the term Magistratus applied. 2. Secondly, it is highly ])robable that some change may have taken place after the time of Polybius, by wiiicii tiie Actus Quaestovia was advanced to tiiirty-one. At all events, circumstances were now completely changed wiiii regard to the term of military service, whicli soems to hav-e been almost entirely dispensed with. Cicero, for example, served only one campaign altogeliier. We cannot tell wlicther any particular age was required by law in a candidate for the Tribunate of the Plebs, this ofiice standing apart, and, as it were, inde- pendent of all others. Si^Hci-cMMBoii of iTaagistracies — (Certiis ordo maghtratitum.) — In the earlier ages of the rej)nblic it was not iicld essential that the diiferent magistracies should be held according to any fixed rule of succession, althougii naturally the usual course would be to ascend gradually from tlie Quaestorship, tlirongh the Aedileship and Praetorship, until the higliest point, the Consulsiiip, was attained (Liv. XXII. 25.) Accordingly, we find striking violations of tiiis arrangement noticed aa remarkable, but not as illegal ; and, in like manner, it was not necessary that any staled period should elapse between two offices. Thus, nothing could be' more irregular than tiic career of Appins Claudius Caecus — he was Censor (B.C. .'il2) before he had been Consul or Praetor; lie was Consul in B.C. 307, and again in B.C. 29G, and tlien Praetor in B.C. 295. Tiberius Gracchus was (Jurule Aedile B.C. 21 G and Consul the year following. Q. Fulvius Placcus, after having been Consul and Censor, was City Piaetor in B.C. 215. P. Snl- piciusGalba was Consul in B.C. 211, although lie had not previously held any 1 Cic. de 1p7. airr. II. 2. 18 ad fam. X. 25i, I FluL Tib. Gracch. 3. C. Graccli. 1. i GEXERAI. REMARKS ON THE HIGHER MAGISTRATES. 175 Ciirule office ; and numerous examples occnr of persons holJing the Praetorsliip the year immediately following their Acdileship. ' In all probability, however, the Lex Villia, when it defined the age at which •the different offices might be held, contained provisions also with regard to a regular succession — ccrtus ordo magistratuum. It is certain, as we have seen, tiiat, in the days of Cicero, it was required that two clear years (Jjienniian) should elapse between the Acdileship and tiie Praetorship, and the same space between the Praetorship and the Consulship ; - but it does not appear that the Aedileship was necessarily included in the Curriculum. The Lex Cornelia de Mugistratihus of Sulla prohibited any one from being chosen Praetor who had not previously been Quaestor, and from being Consul who had not been Jlraator, ^ without making any mention of the Aedileship ; and it would appear that the Tribunate of the Plebs was at all times held to be an equivalent. RcstricfioDi!^ on Rc-clcciioii. — The duration of all the great offices, with the exception of the Censorship, was limited to the period of one year ; but, in the early ages, the same individual might be re-elected to the same office for a succession of years, and this practice was. at one time, very common in the case of Tribunes of the Plebs, who, when strongly opposed in their cffijrts to carry out any important measure, were re-elected (reficiehantur) again and again, in order to give them greater facilities in the prosecution of their object. As early a.s B.C. 460 the Senate passed a resolution to the effect, that the re-election of the same individuals to a magistracy, making special mention of the Tribunes, was injurious to tlie interests of the state — In reliquum magistratus continuari et eosdem Tribvnos refici iiidicare Senatum contra Rempuhlicam esse ; ^ but this expression of opinion appears to have been disregarded until B.C. 342, when Plebiscita were carried, enacting that it should not be lawful for any one to be re-elected to the same office until ten years had elapsed from his first appointment, and that no one should be permitted to hold two magistracies in the same year — Aliis Plebiscilis cautum, ne qids eumdeni nmgistralum intra decern annos caperet, neu duos magistratus uno anno gereret. ^ The latter rule did not apply to an extraordinaiy magistracy, for Tiberius Gracchus was Aedilis Cnrulis and also Magister Equitum in B.C. 216 ; ^ but it must be remembered, that during the sway of a Dictator the independent functions of all the ordinary magistrates were virtually suspended. Not only was it forbidden to re-elect to the same office until after a lapse of ten years, but, at some period before B.C. 134, a law had been passed, enacting that no one should hold the office of Consul twice. ^ In looking over the Fasti it will be seen that no example occurs from B.C. 151 to B.C. 104 of the same individual being twice Consul, except in B.C. 134, when a special exception was made in fiivour of the younger Scipio. These laws, however, were altogether neglected after the time of Marius until Sulla revived the original regulation with regard to the interval of ten years, a part of which Carbo had proposed to repeal by a bill brought forward in B.C. 131 — Ut eumdem Trihunum Plchis quoties vellet, creare liceret. ^ But the laws were unquestionably in force in 1 Liv. IX. 29. 42. X. 13. 22. XXIII. 24.. 30. XXV. 41. XXIV. 9. 43. XXXV. 10. 24. XXXIX. 39. 2 Cio. de led. agr. II. 9. S Appian. B C. 100. 101. Cic. Philipp. XI. 5. pro Plane. 21. ♦ Liv. III. 21. i Liv. VII 42 comp. X. 13. XXXIX. S9. Cic. de legg. IlL 3. « LiT. XX HI. 24. 30. T Liv. Epit. LVL 8 Liv. Epit. LIX. Appian. B.C. L 100. 101. , 176 GENERAL REMARKS ON THE HIGHER MAGISTRATES. B C. 133 ; and hence tlie murder of Tiberius Gracchus was justified upon tlie plea that he was openly violating the constitution by insisting upon his own re-election to the Tribuiieship the year after lie had held it. Kflnxalioii of llie above nieiitionril a>a\vs regarding Qnalification. — Although the laws enumerated above with regard to age, the regular succession of offices, and re-election, were enforced under all ordinary circumstances, the people, and even the Senate reserved to themselves the right of granting dispensations, in great emergencies, in f;ivour of particular individuals. Persons exempted in this manner fi'om the regular operation of the la^vs were said to be Soluti legibus, and to hold office Praemio legis. ' Thus the younger Scipio was elected Consul at the age of thirty-eight, before he had held either the Praetorship or the Aedileship, and was elected Consul for a second time at a period when such a practice was altogether forbidden. ^ So also Pompeius was elected Consul at the age of thirty-six, and C. Marius, during the terror of the Cimbric war, was Consul for the second time, B.C. 104, only three years after his first Consulship, (B.C. 107,) and held the office for live yeare in succession (B.C. 104 — 100.) So also, at an earlier epoch, in the second year of the second Punic war, the Senate and the Comitia Tributa agreed that the law regarding re-election should be suspended in regard to Consulars as long as the enemy remained in Italy. ^ FornialJlics Observed in !>. XXXIX. 39 Polyb X. 4-. Val Max. IV. v. 3. Plut. a K- ■>9 Coriol. 14. and we liave fragments of a speech of Cicero delivered In Tof^a Candida, when he stood for the Consulship. 2 Varro L.L. V. § 28. Liv. III. 3J. IV. C. Cic. de Oral. I. 24. Val. Max. IV. v. ■;. VIL T. 2. 3 Tic. pro Muren. 30. ad Att IV. 1. 4 Cic. ad Att I. 1. I'hilipp. U :!0. Caes. B G. VIII 50. * Cic pro Plane. \H. ad fam. XI. Ifi Q. Cic do pet. cons. 5 c I,iv III X':. XXXIX. 41. Cic. ad Q.. F IlL 1. Ascun- ad Cic. Orat. in Tog. cand p.sa. ed. OreW. Suet Cases. I'J. GENERAL REJtARKS ON THE HIGHER MAGISTRATES. 179 tration of the criminal law ; but at present we have only to remark that, during tlie period above-mentioned, bribery was reduced to a system — regular agents {interpretes) were employed, who bargained with large bodies of the voters for liieir suffrages, the money promised was, in order to secure good faith upon both sides, deposited until the elections were over, in the hands of trustees (sequestres) appointed by the parties mutually, and was eventually distributed by paymasters (divisores) employed for the special purpose. A most extraordinary, complicated, and villanous example of corruption and of meditated perjury, is to be found in the scheme of Memmius and Doraitius, as detailed by Cicero in a letter to Atticus (IV. 18.) The technical tenn denoting a suitor for any office is Petitory and the act, Petere and Petitio ; hence the phrases Petere Consulaticm, Praeturam, &c. In making a formal announcement of his intentions, tlie candidate was said Prqfiteri (sc. se petere s. se petiturum esse.) Those who were canvassing for the same office were termed Competitores, and when a candidate was defeated he was said ferre repulsam. Candidates under the Empire. — We have already pointed out, that, under the Empire, the Consuls and a certain number of the magistrates of inferior grade were nominated, or, as the phrase was, recommended^ by the Prince, while the Belection of the remainder was left to the Senate. The nominees of the Emperor were styled Candidati Principis s. Imperatoris s. Augusti s. Cacsai'is, and in process of time simply Candidati, while the term Pctitores was applied to those only who solicited the votes of the Senate. ^ Since those wlio held office in consequence of their influence at court were proud of this distinction, we find it frequently recorded in inscriptions that an individual had been Praetor Can- did atus — Tribuxus Plebis Candid atus — Quaestor Candidatus — and among these is a tablet dedicated to one who had been Divi Hadriani Aug. In Omnibus Honoribus Candidato Imperat. ^ The peculiar duties performed by the Quaestor Candidatus or Quaestor Principis have been detailed above, see p. 164. Iflagistratus Oesiguati. Abdicatio. — After a magistrate had been regularly chosen by the Comitia and returned (rcnu7itiatus) by the president, he was distinguished by the title o^ designatus (Consul designatus; Praetor designatus, &c.) The election could not be cancelled imless he formally resigned, (abdi- cavit se magistratu,) and this resignation was always voluntary, except under the following cirumstances : — • 1. If it was discovered at any sirbsequent period that there had been any irregularity in observing the auspices before the Comitia, or that an unfavom-able omen had been overlooked or wilfully neglected, then the magistrates elected at such an assembly were said to be Viiio ci'cati, and immediate resignation was compulsory. 2. If a Magistratus designatus was impeached and found guilty of having secured his election by bribery or other illegal means, he was compelled to resign. In this manner Sulla and Autronius, when Cousules designati in B.C. 66, were forced to retire, Mhile, on the other hand, the attempt made in B.C. 63 to oust Murena, upon a similar charge, failed. No magistrate under any other circumstances, whether merely designatus or after he had entered upon his dulies, could be forcibly deprived of office. A 1 Thus, Spartian. Sept. Sev. 3. — Prnetor designatus a Marco est non in Candida sed la COMPKTITORUM GKEGK ,171710 nftllll's XXXIl. 3 Grut. C. 1. L. p. CCCCI.VII. comi>. Velleius II. 121. Quintil. I. O. VL iii. G2. 180 GENEKAL REMARKS ON THE HIGUEK MAGISTRATES. Dictntor, indeed, miglit suspend Iiis own Magkter Equitiim, or even a Consul; but, in point of fact, durin<^ tlie sway of a Dictator no magistrate could exercise jurisdiction except by his permission (Liv. III. 29. VIII. 36.) Certain iionours and privile^^es belonired to the Magistratus designati. Thev were asked tiieir opinion in the Senate before ordinary Senators ; if called upon to plead in a court of justice, they spoke from the bench (de sella ac Tribunali. — de loco superiore) and not from the bar, (ex snbsellils — ex loco wferiore,) and they had the right of publishing proclamations (edicta) with regard to the manner in which they intended to discharge the duties of their respective offices. Oath of Office. — Every magistrate was compelled, within five days after he entered upon office, to swear obedience to the laws, {iurare in leges,) and, in like manner, when the period of his office had expired and he tendered his formal resignation, (ahdicare se magistratu — magistratum deponere,) he was required to swear that he had not wilfully violated the laws, and hence the phrase ehirare magistratnm. This ceremony took place in the Forum, on the day before the new magistrates entered upon office. The retiring magistrates, at least the Consuls, usually ascended the Rostra and delivered an oration, (cojicio,) in which they took a review of their proceedings while in office. It is well known that Cicero, when about to deliver an address, according to custom, on the last day of December B.C. 63, was stopped by Metellus Nepos, a Tribime of the Plebs, and ordered to restrict himself to the simple oath, upon which, to use his own words — Sine rdla dubitatione itiravi, rempuhlicam alque hauc urhem mea uniiis opera esse salvam .... Populus Pcomanus universus ilia in condone, . . . meum iusiurandum tale atque tantum, iuratus ipse, una voce et consensu approhavit (In Pison. 3. Ad fam. V. 2.) ITIarks of IScsprct paid to ITIa^iHiratcs. — ^W'hcn one of the higher magis- trates, especially the Consul, appeared in any place of public assemblage, such a.5 the Senate-house, the Circus, or the Theatre, where the persons present were seated, all Avere wont to rise up to do him honour, (assurgere,) and the same took place if he paid a visit to a private dwelling ; when he was walking abroad in the streets, all who met him made way for him (decedere de via) and uncovered their heads, (aperire caput,) and if on horseback, dismounted mitil he had passed by ; and these marks of consideration were paid, not only by the community at large to the magistrates, but by the inferior magistrates to their superiors. Thus, the Praetor ordered his Lictors to lower their Fasces (fasces suhmittere) when he chanced to meet the Consul, and, if seated, rose from his Sella Curulis as the latter passed. ^ TitleM bvalo^ird upon thone vrho had held tbo great offices of State* — The six great offices of state being the Consulatus, Praetura, Aedilitas, Trihunatns, Qnaestura, Cciisura, those who had held these offices were styled respectively Consulares, Praetorii, Aedilitii, Tribunitii, Qiiaestorii, Censorii. These titles originally mei-ely stated a fact, for under the republic no one was 3ver designated as Vir Consularis, Vir Praetoriits, &c. unless lie had been regularly elected to, and had actually discharged the duties of tiie office indicated by the ei)ilhet. But an important change in this respect took place under the empire. After the ])racticc of bestowing Ornamenta Consularia, Ornamenta Praetorin, &c. the nature of which we have explained above, (p. 139,) was 1 Sec CIc. In Verr. IV. fi2. In Pison. 12. Llv. IX. 4G. XXIV. U. Sallust. ap. Non. MarcclL Ky.A/t'Tttim, p IRl. o4 C,pt\. Val Max. II. ii. 4. V. ii. <). VIII. v. 6. Suet. Caes. 8a Claud- U. Nirn. 4. Aul. am. II. iL 13. VIL vi. 'j. Plut. C. f' rch. 3. Q. R. 10. GENERAL EESrARES ON THE HIGHER MAGISTRATES. 181 introiliiced, not only those who had really held the office of Consul, of Praetor, &c. were styled Consulares^ Praeforiu &c. but those also who had merely received the Ornamenta. These persons formed a numerous body ; and although they wielded no real power in virtue of tlieir titles, they formed distinct classes, each enjoying for life a certain amount of rank, consideration, and precedence, (^Dignitas praetoria — D. AediUUa — D. Tribunitia,^ similar to that possessed in modem times by those belonging to the different orders of knighthood. When an individual was admitted to such privileges he was said to be allectus inter Consulares, allectus inter Praetorios, &c. and thus a number of grades were introduced into the Senate, since a member might be Senator Consularis, or Senator Praetoriae Dignitatis, or Senator Aedilitiae Dignitatis, &c. In choosing new members of the Senate it appears to have been not uncommon to bestow upon them at the same time a specific rank ; thus we are told that M. Aurelius — Multos ex amicis in Senatum allegit cum Aedilitiis aut Praetoriis Dignitatibus — Midtis Senatoribus vel pauperibus sine crimine Dignitates Tribunitias Aedilitiasque concessit. (Capitolin. 10.) Hence the historians of the empire sometimes distinguish an individual who had actually held one of the great offices from a mere Titular, by designating the former as Consulatu functus, Praetura functus, &c. ; but this is by no means uniformly observed. Insignia. — These having been specified when treating of the difierent offices separately, it is unnecessary to repeat what has been stated under each bead. Potestas. — Every Roman magistrate was, in virtue of his election by the Comitia, invested with a certain amount of civil power, technically temied Potestas, by which he was entitled to discharge the duties of his office, and, if impeded, to enforce obedience to his lawful orders by fine, by imprisonment, or otherwise. ^ The amount of Potestas varied according to the office. Those magistrates who had the right of being attended by Lictors, namely, the Consuls and Praetors, ^ had not only the right of arresting any one who was present, (JPrensio,) but they had also the right of summoning any one not present to appear before them and to enforce his attendiince (J^ocatio.) Those, again, who were attended by Viatores, the Tribuni Plebis, for example, had only Prenslo and not Vocatio. Those who had neither Lictores nor Viatores, the Quaestors for example, had neither Vocatio nor Prensio and therefore no summaiy jurisdiction.^ Iinperium. — It was a fundamental principle of the constitution, that election by the Comitia Centuriata or the Comitia Tributa conferred Potestas only, and that no magistrate could take the command of an army, or hold a meeting of the Comitia Centuriata, which was always regarded as an assembly of a military character, (Ezercitus Urbanus,) until Imperium was bestowed upon him by a Lex Curiata, concerning which we have already spoken at length. * Whatever step a magistrate took in virtue of his official authority he was said Pro magistratu agere, ^ and this step would be taken Pro Potestate or Pi-o Impcrio as the case might be. When a magistrate was deforced in the exercise of his Potestas he was said In ordinem cogi. * 1 The right of inflicting a fine belonged to Consuls onlv, until the passing of the Lpt Aternia Tarpcia. (B.C. 454.) by which it was extended to all ordinary magistrates. Dionjs. X. .W. Cic de R. II. 35. Aul. Cell XI. 1. - It is unnecessary here, and elsewhere, when speaking of the ordinary working of tha constitution, to refer to the Dictators who were, for the time being, above the laws. 3 This is very clearly explained by Varro in a passage quoted by Aulus Gellius XIIL 12. * See p. 11". *• Liv. VIII. 36 IX. 7. « Liv. IIL 51. VL 38. XXV. 4. Xf.m '^ 182 GENER^iL KEMARKS ON THE HIGHER MAGISTRATES. Propogaijo imprrii A manistrate was never, under any pretext, allowed to retain his oi!icc, without re-election, after the expiration of a year ; but when, by the gradual extension of the Roman conquests, the seat of war was gradually removed fartlicr and larLhcr from tl)C city, it was felt that it might ai times prove both inconvenient anrn comu'e ; hat these words maybe understood to mean merf\y inslmrl nft/ip Cmimf, the i'?'i?i, "^ '"'''" '•"■''"'ned in the city, comp. Dionys. IX. Ki. fi3 who uses the terms with which ho was familiar when he wrote. But sec the section below, p. 1^-1, on the Differtnl Aini'ir'ttinti, „l tlifi trrm l'rncon>ul. J Liv. IX. 42. X. IC. 20. 22. XXIII. 25. XXIV. 10. II. XXV. C, XXX. 1. GENERAL KEMARK3 ON THE HIGHER MAGISTKATSS. \f'd laUhough he had held no office previously; and Pompcius, at the age of .hirly- cne, was sent Pro consule against Sertorius. ^ See below, p. 194. The Imperiiim of Proconsuls and Propraetors differed, however, in somo important particulars from the Imperium enjoyed by Consuls and Praetors while in office. The Proconsul or Propraetor exercised Imperium in that particular district or province only to which he was specially appointed, and if at any time he entered the city, he, ipso facto, lost his Imperium. Hence, when a Proconsul or a Propraetor solicited a triumph, he was obliged to remain witli his army outside the city until his claims were considered ; but if, from any cause, he entered the city before the matter was decided, he at once lost his Imperium and became incapable of celebrating a triumph. If a triumph Avas voted by the Senate, then a special Plebiscitum was required, granting him the privilege of retaining his Imperium within the city upon the day of the pageant. On the Dther hand, a Consul who had received Imperium could exercise it anywhere ■without the city, and although it was suspended, as it were, each time he entered the city, he could enter and leave the city repeatedly without being obliged to apply for a renewal of his Imperium. This is well illustrated by the following passage in Livy, (XXVI. 9) — Inter liunc tumuUum Q. Fulvium Proconsulem profecium cum exercitu a Capua affertur : cui ne mimieretur Imperiuvi., si in urbem venisset, decernit Senatus^ ut Q. Fulvio par cum Consulibus Imperium esset. Classification of Magistrates. — Various classifications of the Roman Magis- trates have been proposed by writers upon antiquities, some of which were recognized by the ancients themselves. We shall notice the most important. 1. Magistratus Ordinarii. Macjistratus Extraordinarii. — The former were regularly elected at stated intervals, the latter were not. The principal Magis- tratus Ordinarii M'cre the Consuls, Praetors, Aediles, Quaestors, Tribunes of the Plcbs, and Censors ; the principal Magistratus Extraordinarii were the Dictator, the Magister Equitum, and the Interrex. The Decemviri legihus scribendis and the Trihuni Militares consulari potestate existed under circum- stances which prevent us from ranking them with propriety under either head, although, according to our definition, they would, strictly speaking, fall under the Extraordinarii. The Prae/ectus Urbi was a Magistratus Ordinarius under the kings, Extraordinarius during the period of the republic, and again became Ordinarius under the empire. 2. Magistratus Curides. M. non Curules. — The former, as we have had occasion to observe repeatedly, M'cre the Consuls, Praetors, Curule Aediles, Censors, and in all probability the Dictator, tiie Magister Equitum, and the Warden of the city. To these we may doubtless add the Decemviri legibus scribendis and the Tribuni Militares C. P. This distinction is so far important that the descendants of those who had borne cmade offices were Nobiles, and enjoyed the lus Imaginuvi. See p. 67. 8. Magistratus Patricii. M. Plebeii. — Originally all the great offices of state were filled by the Patricians exclusively, except the Plebeian Tribunate and the Plebeian Aedileship, to which, from the period of their institution down to the close of the republic, and even later, Plebeians alone were eligible. We have seen, however, in treating of the different offices separately, that the Plebeians fought their way gradually until they obtained admission to all without distinc- tion, so that after B.C. 337, when the first Plebeian Praetor, Q. Publilius Philo, 1 Uv. XXVL 18. XXVIII. 43. Epit. XCI. Cic. pro leg. Man. 21. Pliilipp. XL 8. 184 CLASSIFICATION OF JIAGISTRATES. was clficteQ, the term Magv^tratm Patric'd ceased to be applicable to any cliusa of public officials with the exception of certain priests. 4. Magistratus Malores. M. Minores. — AVe sometimes find the inferior functionaries, such as the Triumviri Capilales and tlie Triumviri Monetales, of whom we shall speak more particularly below, termed by some of the classical writers Minores Marjislratus in opposition to the great dignitaries, the Consuls, Praetors, Aediles, Tribunes, Quaestors, and Censors. ^ But the division of magistrates into Maiores and Minores was contemplated by other authors from a very difterent point of view. A work by Messala, quoted in Aulus Gellius, (Xlli. 15,) teaches us that the Auspicia were believed to possess greater efiicacy when observed by one particular class of magistrates — Patriciorum auspicia in duas sunt potestates divisa — and hence were distinguished as Maxima s. Maiora Auspicia and Minora Auspicia. The Maiora Auspicia belonged to the Consuls, Praetors, and Censors, to whom we ought to add the Dictator, who is not specified by Jlessala, because the office no longer existed when he wrote, and these therefore were the Maiores Magistratus, while, according to this jirinciple, the Curule Aediles and the Quaestors were Minores Magistratus. (Compare with Messala the words of Cic. de legg. III. 3.) Secondly, although the Consuls, Praetors, and Censors had the Maiora Auspicia, the Auspicia of the Censors were different in quality, though not in degree, from those of the Consuls and the Praetors ; and these two sets of Auspicia were independent of each other, so that the Auspicia taken by a Censor could not interfere with or disturb those taken by a Consul or a Praetor, nor tliose taken by a Consul or a Praetor distiu-b those taken by a Censor. Thirdly, since the Praetor had the same Auspicia as the Consul, he was styled Collega Consulis; but altiiough he had the same Auspicia he had not the same Imperium. The Consuls had Maius Imperium, relative to the Praetors, who had reciprocally Minus Imperium, relative to the Consuls. Now, it was a principle of the constitution, that no magistrate could preside at the election of another magistrate who enjoyed Maius Imperium. Hence a Praetor could not pro.'-iJe at the Comitia for the election of Consuls, because the latter had Maius Imjierium ; nor could a Praetor preside at the Comitia for the election of Praetors, for in tliat case he would have been presiding at the election of a magistrate who w.as the Collega of the Consul, and therefore the Collega of a magistrate who had Mains Imperium. ^ La.stly, while the Consuls had Maius Imperium relatively to the Praetors, the Dictator had Mains Imperium relatively to the Consuls, and to his own master •'\' the horse, being supreme over all. This is distinctly laid down by Livy (VIII. ;s. XXX. 24. XXXII. 7.) PROVrs-CES OF THE MAGISTRATES. (iifiM-ml Hi:{niricntion of the term Prorincia. — AVhatever may be the origin of tiic word Prorincia, and no scholar has as yet succeeded in discovering a satis- factory etymology, it denotes, wlien used with reference to a Pionian magistrate, the sphere of action witiiin which he was called upon to discharge the duties of his office. For several centuries the Consuls were occupied, almost exclusively, in leailing the armies of the state ; and accordingly the war which a Consul was apwinied to conduct, or the region in which it was prosecuted, or the people I I.lT. XXXII. 2G. Suet. Caes 41. .,M'h!l'?'f«"''"""i''l"^.""',",? '* ""^ '='«'"''y ^^^^^^ ^y Messala in the passage above referred to, and by Cicero aU Ait. IX. 9. See also Val. Max. IL vUL 2. PROVINCES OF THE MAGISTRATES. 185 against whom it Avas M-aged, were alike termed liis Pi'ovincia. So also the Praetor who acted as supreme judge in the civil courts at Rome was said to have the Urbana Provincia ; the Quaestor who superintended the exportation and importation of merchandise at Ostia and elsewhere was said to have the Aquaria Provincia ; and, in the ordinary language of familiar conversation, Provincia means a duty, a task, or an occupation of any description.^ Arrangrement and Uislribnlion of the Provinces. — It was the prerogative of the Senate, under ordinary circumstances, to fix the Provinciae Consulares, that is, to determine where and how the Consuls should be employed in the service of the state (decernere s. nominare Provincias.) When the Provinciae were marked out, the Consuls were generally allowed to settle with each other regarding their distribution, (comparare inter se Provincias,) or, if they could not come to an agreement, they decided the question by lot (sortiri Provincias) — Quum Senatus, aut sortiri ant comparare inter se Provincias, Consules iussisset ; ^ but occasionally the Senate itself assigned a particular Province to a particular individual, in which case that body was said dare Provinciam extra mortem s. extra ordinem ; ^ and it sometimes assigned the same province to both Consuls. * In the earlier ages of the republic one Consul was usually sent forth to caiTy on military operations, while the other remained to protect tlie city and administer the ordinary business of the state ; when the war was of a very formidable character, both Consuls proceeded to the army and assumed the supreme com- mand on alternate days ; (see p. 135 ;) and when danger threatened from different quarters the Consuls commanded separate armies, acting independently of each other. In eveiy case the limits of the Province, tliat is, the limits within which the operations of the Consul were to be carried on, were strictly defined; and it was considered a most serious oifence for a Consul to overstep the bounds of his own Province without express permission. * We have said that it was the prerogative of the Senate to arrange and distri- bute the Provinces, and in point of fact it will be found that this was regarded as one of the ordiuaiy and regular duties of that body. But since, according to the theory of the constitution, all power proceeded from the people, acting in their constitutional assemblies, it happened in times of strong pohtlcal excitement, when party spirit ran high, that the Tribes exercised the right of assigning particular Provinces to their favourites, without regard to the opinion or decision of the Senate. Thus, although the Senate had passed a resolution that Metellus should continue to prosecute the war against Jugurtha dm-ing the year B.C. 107, the people having been asked (rogatus) by Mauilius Maucinus, one of the Tribunes of the Plebs — Quern vellet cum lugurtha helium gerere — decided by a great majority 1 One or two examples will suflfice to illustrate what has been said a.hove—Cotisules T. Siriniux et C. Aquilliui, Sicittin Vohci, AgHiUio Hernici Fhoviucsa erenit. Liv. II. 40. T. Manlio Conxuli Etruria Provincia e(w«'<. Liv. X. 11. Praetores Provincias sortiti sunt : P. Cornelius Sulla Uibannm et Peregrinam, quae duontm ante sors fuerat ; Cn. Fulvius Flaccus Aputiam s C. Claudius Nero Suessulam; M. lunms SiUinvs Tuscos. Liv. XXV. 3. Pal. Lfpide facitis. Nunc hanc tihi eeo impero Provinciam. ACR. Impetrabis, imperaior, gwd pgn po'ero, guod voles. Pal. Militem lepide etfacete et laule ludificarier. Plaut. Mil. Gl. IV. iv. 23. Tune tuus pater, Corneti, illam sibi officiosam Proyisciau depoposcit, ut me in meo lectulo trucidaret. Cic. pro SuUa 18. -'Liv. XXXVII. I. 3 e.g. Liv. IIL 2. VIIL 16. * Consulibux ambobus Italia Pinvinria decreta, i.e. they were both ordered to stay at home. Liv. XXXIII 25. aiul again XXXV. 20. 5 Liv. X. 37. XXIX. 19. XXXI. 48. XLL 7. XLIII. 1. coir.p. XXVII. 43. XXVIII. 17. H. XXIX. 17. 19. 186 THE rR0\^NCE3. that it shonld be commiltotl to ]\rarius. In tliis instance it miglit be arprned that Marius, being actually Consul, had a better right to the command than Metellus, whose Imperium had been already prolonged ; but exactly the reverse tooic place in B.C. 88, for the war against Mithridates having been assigned by the Senate to Sulla, one of the Consuls for the year, as his Province, the Tribes were persuaded bv JIarius to cancel the appointment and bestow it upon himself, a procedure which led to the first great civil war. So also in B.C. 69, the people bestowed the command of Gallia Cisalpina and Illyricum upon Caesar, at the instigation of the Tribune Vatinius, who brought in a bill (liuf/aiio Vciiinm) for tliat purpose, and carried it in direct opposition to the wishes and arrangements of the Senate. Exactly the same system was followed with regard to the Provinces of the Praetors. It was decided usually by lot, which should act as Praetor Urbanus, which as Praetor Peregrinus, (hence these Provinces are frequently termed Sors Urhana and Sors Peregrina^) and then the foreign Provinces were divided among the remainder, or, as took place during the last century of the republic, when all usually remained in tlie city dm-ing their year of office, the lot decided in which court each should preside. Prorincia in a rcMiricicd sense. — A country Or district beyond the confines of Italy, completely subjugated, deprived of its independence, and ruled by a Roman governor, was termed a Provincia, and when reduced to this condition was said technically redigi in fonnam Provinclae. It must be remarked that a conquered countrv- M'as not always at once converted into a Province. Thus, -M.-icedonia, although fully subdued in B.C. 168, did not become a Province until P>.C. 14G, and in like manner, neither Asia nor Achaia became Provinces for many years after they had been entirely under the control of Home. It is to I'rovinciae in this restricted sense that we shall confine the observations made in the following paragraphs. C'o:iHtiiiiiioii of ihc Provinces — Wlien the Senate had resolved that a couniry should be reduced to the fonn of a Province, they commonly sent ten Lrrjali' or commissioners from their own body, who, in conjunction with the victorious general, arranged the terms of peace with the vanquished people, determined the exact limits of the Province to be formed, and drew up a consti- tution, by which the future condition and government of the state was defined. These matters having been arranged upon the spot, were, upon the return of the Ix;gali to Rome, submitted to the people in the form of one or more Rogations, >yliich if sanctioned, formed the Charter which regulated the powers and jurisdic- tion of the provincial governors. Of this description were the Lex Paipilia for Sicily, the Lex AquiUia for Asia, and the Leges Aemiliae for Macedonia ; but these and similar laws, altlicugh serving as the groundwork of the constitution, might in each case be altered, modified, and explained by new Laws, Decrees of the Senate, and the Edicts of the provincial governors themselves. I'l-oriiicial c^orernorn — These at first were Praetors, two Praetors iiaving k'cii added, .about B.C. 227, to the previous number, for the special purpose of acting as governors of Sicily and of Sardinia ; and two more in B.C. 197, for the two Spains (.•^cc above p. 154.) But towards the close of the republic, the number of Provinces having greatly increased, they were divided into two rl.x'-M's, Provinciac Consulares and Provinciae Praetoriae; and since both CoiLsuls and Praetors, at this period, usually passed the whole of their year of » Li.. XXXm 43. XLV. 10. 17. !& Cic. Philipp XI. 12. THE rKOVINCES. 187 office in the city, they were again invested with Imperium after they iiad laid down their offices and proceeded to the different Provir.ces allotted to them, which they ruled -with the titles oi Proconsides and Propraetores respectively. The Senate determined, each year, which should be Provinciae Consulares and which Provinciae Praetoriae^ the Consuls then cast lots, or came to an understanding with regard to the Provinciae Consulares, and, in like manner, the Praetors with regard to the Provinciae Praetoriae, unless the Senate saw fit to make a special (extra ordineni) appointment, or the Comitia Trihuta took the matter into their own hands. Generally speaking, the Consular Provinces were those in which there was war or the apprehension of war, either external or internal, while the Praetorian Provinces were those in which tranquillity prevailed and was not likely to be disturbed. In this manner a Province at one time Consular might become Praetorian, and vice versa ; but changes of this kind seem to have been effected frequently without reference to warlike considerations. ^ J>epairlui-c o( a Proconsul or Propraetor for his Province. — When the time had arrived for a Proconsul or Propraetor to leave Eome for his Province, lie received his equipments from the Senate, who decided by what number of Legati he was to be assisted, the amount of troops which wei'e to be placed under his command, the allowance for outfit (Vasarium) to be paid from the public treasury, and all other things requisite, in voting which they were said Provin- ciam Ornare s. Instruere. ^ Having then received Imperium by a Lex Curiata, and his vows having been off'ered up in the Capitol, (votis in Capitolio nuncupatis,') ' he took his departure in great state from some point beyond the walls, arrayed in the robe of a military commander, (paludatus,) his Lictors, twelve or six as the case might be, marching before him with Fasces and Secures, escorted on his way b}^ a numei-ous train of friends and clients, and attended by his personal staff, {Cohors Praetoria,) consisting of his Quaestor, his Legati, various subordinate officers, (Praefecti,) clerks and secretaries, (Scribae,) servants of all kinds, (apparitor es,) public slaves, (puhlici servi,} and a throng, who, under the general appellations of Comitcs, Amici, Familiares, hoped to share his power and benefit by his patronage. * He was bound to travel direct to his Province, the inhabitants of the towns through -which he passed being obliged to find lodging, forage, means of transport, and to satisfy various other demands, which, until regulated by the Lex lulia, frequently affi)rded a pretext for great extortion and oppression. * When a sea voyage was necessary, ships were provided by the state. ^ Commencement and Duration of a Prorincial Command. — The Com- mand of a governor commenced on the day when he entered his Province, or, at all events, on the day when he reached one of the chief towns, (Cic. ad Att. V. 15,) and, under ordinary circumstances, was understood to continue for one year only. It was, however, very frequently prolonged by a decree of the Senate ; and even when no foi-mal Prorogatio took place, a governor could remain and exercise his power until the arrival of his successor. We gather 1 Cic. ad Att. T. 13. 16. de Prov. Cons. 7. 15. Plut. Pomp. 61. Dion. Cass XXXVII. 33. 2 Cic. .ad Att. III. 2i. delp?. agr. II. 13. in Pison. 35. ad Q. F. IL 3. Suet. Caes. IS. 3 Liv. Xr.ll. 49. Cic ad fam. I. 9. 4 Liv. XXXI. 14. XLII. 49. Cic. in Verr. V. 13. ad fam. XV. 17. ad Att. VII. 2. ad. Q F. I. 1. Caes. B. C I. (i. — Quos rero aut e.r dntneatiris conviclioiiihus, nut ex ncnessnriis appaii- tinnihus ticinn esse voluisti. qui quasi ex Cohokte Praetoria nppellitri solent, horutn non moiij facia, sed I'limn dicta omnia 7iohis praesfaiidn sunt. Cic. ad Q. F. 1 1 § 4. Cuhori Praetoria, iu a more limUed sense, signified the military body guard of the governor. Cic. ad. faut. XV 4. 5 Cic. ad Att. V. 10. 16. 6 Cic. in Verr. V. 18. ad AtL V. 13- VL a lyS THE PKOYDCCES. from what took place in the case of Cicero, that if no formal vote of Prorogafio liad been passed, a governor might, at the end of his official year, commit his I'rovmce to his Quaestor or to one of his Legati and return home. But this was a contingency so little to be looked for that it would appear that no provision was made to meet it. Although the power of tlie provincial governor ceased at once on the amval of his successor, he retained his Impermm and his Lictors until he entered Rome (Cic. ad Att. XI. 6. Appian. B.C. I. 80.) Power and Dulics of a Prorincial CJovernor. — These were partly militaiy and partly civil. 1. In virtue of hifi Imperium the Proconsul or Propraetor was commander-in- chief of all the troops, whether Roman or auxiliar}-, stationed in the Province, and could, in emergencies, order a local levy (^delectus provincialis.) These forces he could employ as he thought fit, either for the purpose of repelling invasion from without, or suppressing rebellion within ; but on no account, as already observed, could he quit the hmits of his Province without express orders fiom the Senate. 2. In virtue of his Imperium and Poie.ttas^ he had supreme jurisdiction in all causes, criminal as well as civil, and could imprison, scourge, or even inflict the punishment of death upon the provincials ; but Roman citizens, although resident abroad, had, in all criminal causes, the right of appeal (^provocatio) to Rome. The law or laws by which the constitution of each Province was established usually bi-ttled the mode in which justice was to be administered ; ^ and a large number of suits were tried before local and domestic tribunals, although there seems to have been, in every instance, a right of appeal to the governor, who was assisted in his decisions by a board of assessors, termed his Consilium. For the sake of convenience in administering justice, a Province was usually divided into districts, called Co)wentus, and the governor made the circuit of these at least once in the year, holding his court in the principal town. In performing this duty he was Slid Agere ConventiLs. ^ 3. Besides the above duties, the Proconsul or Propraetor regulated all matters connected with the internal government and interests of the various towns and communities contained in the Province, in so far as his interference was demanded or warranted (Cic. ad. Q. F I. 1.) Ilonours bcxtowpd on Provincial Oovernors. — When the inhabitants of a Province entertained feelings of attach7iient and gratitude towards their ruler, or deemed it expedient to feign such sentiments, they were wont to erect temples, f'tatues and other memorials {monuvienta) in the fora of the chief towns, they instituted solemn festivals to keep alive the recollection of his virtues, ^ they despatched embassies to Rome to pronounce his panegyric before the Senate ; and when he had achieved any military exploit, they subscribed money, termed (inrum coroncrium, to assist in defraying the expenses of a triumph. Such 1 Cicero (in Verr. II. 13. 15. 27.) gives many detrtils with regard to Sicily whicli are very Irislruclive. o j j .' Co>.vi-,itiui denotes properly an assemblage of persons who have met, not by chance, but lor a flxca purpose. Hence, specially — 1. An asseiiiblage of persons in the Provinces meetinR tc.RCtlier to attend a court of justice. 2. 1 he day or days on which these assemblazes took place 3. The place in which thev were held. ♦. The district of which the inhabitants assembled. ConrenlM \t used also lo denote an union or association of Roman citizens dwelling in a rrovmce. See Rkii. s v. in the Lncyclopaedie der Alther thumswis.senschaft. ."■-UCb were the Marcelha in Sicily, the Mu<:ia and l.ucu/lia in Asia THE PROVINCES. 189 demonstrations may, in some rare instance, have been called forth by a gentle and paternal exercise of power ; but in later times at least, when they were most common, they were in general to be regarded as expressions of terror and servile flattery. They were frequently demanded and enforced as a matter of right by the most unworthy, and large sums were extorted by the corrupt and unscrupulous as contributions towards lionorary testimonials. ^ Landed Property iii the Provinces. — In a newly subjugated Province the whole of the landed property fell under one of two heads, it was either, 1. Ager Privatus, belonging to private individuals, or, 2. Ager Puhlicus, belonging to the governing body, or to different communities and corporations, the proceeds of which were applied to public purposes. The whole of the soil, whether Ager Privatus or Ager Publicus, was regarded, theoretically, as belonging, by right of conquest, to the victors, and entirely at their disposal. In practice, however, the lands of private proprietors in the Provinces were seldom confiscated by the Romans ; but the o^\^lers were allowed to retain possession and full right of property on payment of a moderate land tax. The Ager Publicus, on the other hand, was usually regarded as part of the spoils of war, and was disposed of in various ways — 1. A portion M^as frequently sold and the proceeds paid into the Aerarium — 2. A portion was farmed out to tenants who possessed no riaht of property in the soil which they cultivated, but paid a fixed rent — 3. A portion was frequently left in the hands of the corporation or community by whom it had been formerly held, but became subject to certain payments to Rome. Taxation and IBurdens in the Provinces. — In like manner as the Aner Publicus in the Provinces was in most cases seized by the Romans, so they appropriated the revenues which had been raised from other sources in the dif- ferent countries when independent. Such were the duties levied on exports and im])orts, the profits realised from salt works, mines, and many other objects which would vary in different localities. In addition to the land-tax paid by the provincials, they were often subjected to a property-tax, (Tributum,) which was levied from each individual in propor- tion to the amount of his means. For the purpose of ascertaining the necessary data, a provincial Census became necessary. To this we find many allusions in the classical writers, ^ and every one is familiar Avith the naiTative'of St. Luke, which inf(:)rms us that Joseph undertook the journey from Nazareth, which immediately preceded the Nativity, in order that he m.ight be registered at Bethlehem. But not only were the provincials required to pay a fixed sum in the form of land-tax, property-tax, and other well defined imposts, but tiiey were liable to various demands of an arbitrary character, which varied for different times and different places. Thus they might be requii-ed to provide winter quarters for troops, to equip and maintain fleets for war or transport, to afford supplies for the table of the governor and his retinue, (frumentum in cellam,) and to submit to many other burdens which were peculiarlygalling, since they were, to a great extent, regulated by the discretion of then- mlers, and tlierefore could be, and often were employed by them as engines of intimidation, oppression, and extortion. •* 1 Cic in Verr. II. 21. 57. 63. IV 10. 67. pro Flacc. 15. 23. 25. 26. 40. in Pison 37 ad O F I I. ?9 ad fam. Ill 7.9. Plut. Q Flaminin. 16 ' ' 2 e.g. Cic in Verr. 11. 49. 53. seqq. Liv. Epit. CXXXIV. C XXXVII. Plin Edd X H-i 112. Dion Cass. LIII. 22. ' ^^' ^ 3 Cie. pro leg- Man. 14. Div. in Q. C. 10. in Verr. I. 34. 38. II. 60. III. 5. SI. 80. 87 V 17 21 31 38. 52. pro Flacc. 12. 14. Pbilipp. XI. 12. ' 190 THE PROVINCES. PrirUcges enjoyed by Particular Communities in the Provineea. — Altliougli a Province as a whole was subject to the control of the law or laws by which it was constituted, and to the sway of the go^'ernor by whom these laws were administered, yet almost every Province contained witliin its limits com- munities, wliich enjoyed special privileges. These communities, for the most part, belonged to one or other of the following classes : — 1. Jilunicipia. — On Municipia in general see p. 90. With regard to the provincial Jlunicipia we can say little. In all probability, no two of these towns had exactly the same constitution; but their common characteristic was the riglit of internal self-government. 2. Coloniae. — These, as in Italy, might be either Colonias Civium Roman- orum or Coloniae Latinae, or, in the frontier provinces especially, Coloniae Mililares. See p. 88—90. 3. Cicitates Liherae. — These were cities or communities which, by a special law, were, in return for some benefit conferred upon Kome, or from motives of policy, permitted to administer their own affairs without any interference upon the part of the provincial governor; and although subjects of Ivome were no more under his Imperium than if they had actually been living iu Rome. Thus, Byzantium and Cyzicus both received Lihertas. as a reward for their good service iu the war against Jlithridates ; but Cyzicus forfeited this privilege during the reign of Tiberius, in consequence of alleged misconduct (Cic. de Prov. Cons. 3. 4. Tacit. Ann. IV. 3G.) 4. Cicitates Immunes. — These were cities or communities which were exempted from the taxes and other imposts for Mhich the ordinary inhabitants of the Provinces were liable. Imnnmitas was by no means necessarily a consequence of Liberlas^ for a state might be a Civitas Libera and yet heavily taxed. Thus, Byzantium, which enjoyed Lihertas^ was so overwhelmed by the public burdens imposed upon it that Claudius saw fit, upon petition, to grant it an exemption from tribute for five years (Tacit. Ann. XII. 62. 63.) In like manner, a Civitas might be Immunis without being Libera. 5. Cicitates Foederatae. — All cities and communities were comprehended under this title whose position with regard to Rome was defined by a treaty separate and distinct from those laws which provided for the general regulation of the province. Tiie fact that a Cicitas was Foederata did not necessaiily imply the enjoyment of high privileges. It might be Libera or Lmmiinis, or botli, in virtue of its Foediis ; but it did not follow as a matter of course that it was eitlier. Cicitates Liberae, Cicitates Lmmiines, and Municipia were some- times all included in the general designation of Cicitates Foederatae; but, generally speaking, the right implied by Libertas and Immunitas were perfectly Bim])lc in tiicmsclves, and were the result of a free gift, which might be cancelled at the pleasure of tlie giver, while tiie condition of the Cicitates Foederatae was secured by a formal treaty, and the relations established were frequently of a complicated nature. nnml>ci- of Provinces under the Republic. — 1. The earliest Province was that portion of Sicilia wiiich had belonged to Carthage, and which was ceded to Rome at the close of tiie first Punic war, B.C. 241 ; but after the capture of .Syra(:u.se in B.C. 212, and of Agrigentum in B.C. 210, it embraced the wiiole iiiland. 2. Sardinia and Corsica, subdued in B.C. 238. 3. Hispania Citerior ; and 4. Hispania Ulterior. The exact period when these were constituted Provinces i.- unccitaiu ; but it was probably in B.C. 206, when the Carthaginians were Cually subdued. Livy, when treating'of the events of that year says — Itaque THE PROTETCES. 191 eryo prima Romanis inita Provinciarum quae quidem Continentis sint, pos- trema omnium., nostra demum aetaie, ductu auspiciogue Augusli Cae^aris perdomita est. 6. Macedonia., althongh fully subjugated as early as B.C. 168, was not reduced to the form of a Province until B.C. 146. 6. Illijricum, called also Dalmada, about the same time as Macedonia. 7. Africa, after the destruction of Carthage by Scipio in B.C. 146. 8. Asia, in B.C. 129. 9. Gallia Transalpina, comprehending originally (B.C. 121) the country of the Allobroges only and the south-east comer of Gaid. In order to distinguish it from the other divisions of that country, this was sometimes termed Gallia Narhoncnsis or, emphatically Provincia. Caesar conquered the whole of Gaul and divided it into three Provinces. 10. Gallia Cisalpina was subdued as early as B.C. 190; but we are miable to fix the period when it became a Province. It ceased to be a Province in B.C. 43, when it was included within the limits of Italy. 11. Achaia, although fully under the sway of the Romans after the capture of Corinth, B.C. 146, did not become a Province for some years subsequent to that date. 12. Cilicia was certainly a Province as early as B.C. 80. IS. BithyniOj in B.C. 74. 14. Syria, in B.C. 64, after the conquests of Pompeius. 15. Creta and Cyrenaica, in B.C. 63. Of these fifteen provinces, seven were in the year B.C. 51, Provinciae Considares, viz. the two Gauls and lUyricum, the two Spains, Cilicia and Bithynia, which now included Pontus. The remamder were Provinciae Prae- toriae. liaTvs -with rrgard to the Provinces. — In addition tO the lavrs which defined the constitution of each Province separately, general statutes were passed from time to time, which applied to all alike. Of these the most important were — Lex Sempronia de Provinciis Consularibus, passed by C. Gracchus in B.C. 123, which enacted that, in each year, before the election of Consuls took place, the Senate should determine what two Provinces were to be assigned to the Consuls about to be chosen, and that the Consuls after their eleciion should, by mutual agreement, or by lot, decide which of these two Provinces was to be assigned to each. Thus, we read in Sallust (Jug. 27) — Lege Sempronia Provinciae futuris Consulibus Numidia atnue Italia decretae. The object of this law was to put a stop to the intrigues and corrupt practices by which Consuls elect were in the habit of endeavouring to influence the Senate to grant tlieai those Provinces which were likely to be most agreeable or most profitable, without regard to the interests of the public service. ^ Lex Cornelia de Provinciis ordinandis, passed by Sulla. The provisions of this law known to us were — 1. It limited the amount to be expended by provincial communities in sending embassies to Rome for the purpose of praising their governors. 2. It declared that tliose to whom Provinces had been assigned in terms of the Lex Sempronia should be allowed to retain their Imperium until they had entered tlie city. Tims we find Cicero retaining his Imperium for many months after he had quitted his Province and retm-ned to Italy, in the hope of eing at length pennitted to celebrate a triumph. 3. It ordered a provincial governor to quit the Province (decedere) witiiu thirty days after the arrival of his successor. " 1 Cic de ProT. Cons. 1. 3. pro Balb. 27. ad Fam. L 7. Oral, pro dom. & > Cic. ad fam. L U. III. 6. ». 10. 192 THE PROVINCES. Lex lulia de Provinciis, passed by Julius Csesar. In tliis, or in the Lex lulia de RepetHtidis^ it was macted — 1. That a pro\nncial gove nor, on quitting his Province, must make up three copies of his accounts, and deposit two copies hi the Province, (I'ationes. confectas collatasque deponere^) one in each of the two chief towns, the third to be deposited in the Aerariiim at Rome {rationes ad Aerarium referre.) Tims, Cicero tells us that, in obedience to this law, he left copies of his accounts at Laodicca and Apaniea — lex iubebat, ut apud duas civitates, Laodicensem et Apameensem^ quae nohis viaximae videhaiUur, quoniam ita necesse erat, rationes confectas collatasque deponeremus. 2. That, in the Praetorian Provinces, the governor should not remain beyond the space of one year, and in the Consular Provinces not beyond two years. 3. That no governor sliould be permitted to receive Aurum Corortarium from his Province, until after a triumph had been actually voted him by the Senate. 4. That it should not be lawful for a Proconsular governor to administer justice in a Civilas Libera, By this, or some other Lex hdia, the amount of accommodation and supplies to be afforded to Roman governors when journeying to their Provinces, by the towns and states through which they passed, was strictly specified. ^ In B.C. 52 the Senate, in order to repress the con-upt practices which, not- withstanding the operation of the Lex Sempronia, still prevailed with regai'd to the distribution of the Provinces, passed a resolution, that no Consul or Praetor should be allowed to enter uixtn the government of a Province imtil five years bad elapsed from ion Casi XL. 50. 4G. 60. TUE PROVINCES. 1 03 any troops, except such as were employed for purposes of show or of police. These, as formerly, were governed by persons who had held the office of Consul or of Praetor ; but all such governors Avere now, Avithout distinction, styled Proconsules. ^ They were attended by Quaestors, who received the revenues and paid them into the public Acrarivm^ which was managed by the Senate. With the exception of military duties, the functions of the provincial Proconsuls under the empire were much the same as under the republic, tliey had tiie same external marks of honour, were attended by a numerous retinue of personal followers, and received equipments and allowances from the Senate. Their appointment was for one year, and was nominally regulated by the Senate ; but if the Emperor thought fit to interfere, his wishes were never disputed. ^ In addition to the ordinary imperial Legati, and the Senatorial Proconsules, the Emperor and the Senate conjointly sometimes granted, for a time, supreme power over a number of provinces to one individual. Thus, under Tiberius, the whole of the East was committed to Germanicus, and under Nero to Corbulo. With regard to tlie former Tacitus thus expresses himself — Turn decrelo Patrum permissae Gerinanico Provinciae quae mari dividuntur, maiusque imperium, quoquo adissct, qnam iis qui sorte aut missu Principis ohtinerent ^ — where the word sorte indicates the Proconsuls. All provincial governors under the empire are frequently included under the general title Praesides Provinciarum ; hut Praeses is more frequently employed with reference to the imperial governors, and eventually denoted an inferior class of officers. Many other terms, such as luridici, Rectores, Correctores were introduced at different times ; but upon these we cannot enter here. Changes occasionally took place in the distribution of the Provinces ; but, according to the original division, the Senatoriae were twelve in number — 1. Africa. — 2. Asia. — 3. Hispania Baelica. — 4. Gallia Narhonensis. — 5. Sicilia. — 6. Sardinia. — 7. lllijricum and Dalmatia. — 8. Macedonia. — • 9. Acliaia. — 10. Greta et Cyrenaica. — 11. Cyprus. — 12. Bithynia et Pontus. The Imperatoriae were also twelve — 1. Hispania Lusilanica. — 2. Hispania Tarraconensis. — 3. Gallia Lug- hinensis.^^4:. Gallia Belgica. — 5. Noricum. — 6. Pannonia, — 7- Vindelicia et Rhdetia. — 8. Moesia. — 9. AljMS Maritimae. — 10. Cilicia. — 11. Galatia. — 12. Syria. Illyricum and Dalmatia were soon transferred to the Emperor. Tiberius took Acliaia and Macedonia from the Senate ; but they were restored by Claudius. * The following Proviuces were subsequently added to the Imperatoriae: — Germania Superior et Liferior., on the left bank of the Rhine — Cappadocia — Mauritania — Lycia — Cottiae Alpes — Britannia — Comniagene — Tliracia — Ducia — Armenia — Arabia — Mesopotamia, Italia was reckoned as a province from the time of Hadrian. The position 0? jEgyptus was altogether peculiar. From the period of its final subjugation it was regarded as a private estate of the Emperors, ratiier than as a ])art of the dominions of tlie Roman people. It was placed under the sway of a Praefectus, called frequently Praefeclus Augustalis, who was nominated by the Emperor, 1 Dion Cas3. LTI. 23 LIII. 1.3. Suet. Octav. 47. Tacit. Ann. XVI. 18. 2 Dion Cjiss. LIII. 13, Suet. Octav. 47. Tacit. Ann. Ill 3l'. .35. S Tacit. Ann. II. 43. XV. 25. Velleius II. 9ti. So Augustus had upon two occasions, B.C. 23. and B C. 16, invested Agrippa with supx-eme command ovtr all the Eastern Provinces. 4 Tacit. Ana L 76. Suet. Claud. 23. Dion Cass. LllL 12. LX. 24,. O 19i THE PROVISCES — PKOCONSirLS. and cliosen from the Equestrian order. No Senator or Eqiies of the higlier clasg \v;is permitted to enter Eg}'pt without receiving express permission from the I'rince ; and Tiberius sharply rebuked Germanicus for having ventured to visit Alexandria without leave. The cause of these jealous regulations is brieflj explained by Tacitus — Avgitstiis inter alia dominationis arcatia, vetitis nisi pennissu ingredi Senatorihus aitt Equilihus Romanis Jllustribus, seposuit ^'Egyptum, nefame iirgeret Ilallam quisquis earn Provinciam claustraque terrae ac maris, qiianivis levi praesidio adversurti ingentes exercitus, insedisset — and in another passage — JEgyptum copiasque, quibus coerceretur, iam inde a Divo Augusta, Equites Romani obtinent loco regnm : ita visum ezpedire, Provinciam aditu dlj/icilem, annonae fecundam, superstitione et lascivia discordem et rwbilem, insciam lequm, ignaram magistratuiim, domi retinere. ' Uiflc-rcnt applications of tfac term Proconsul under the Republic. — It may prevent confusion to bear in mind that the tenn Proconsid is uniformly employed to denote an individual who, although not actually holding the office of Consul, exercised in some particular locality all the powers of a Consul. We may distinguish four varieties of Proconsuls. 1. Occasionally a distinguished leader who was Privalus, i.e. out of office, but who, at some former period, had held the office of Consul, was specially appointed to perform some particular duty, and was /or that purpose armed with tlie same powers which he would have wielded had he been actually Consul. Thus, T. Quinctius, who was Consul in B.C. 465, was hastily despatched from Rome in tlie course of the following year to relieve Sp. Furius, who was besieged in his camp by the Aequi, and, in so far as necessary for the accomplishment of that object, was armed Mith the powers of a Consul — Optimum visum est Pro CoNSULE T. Qitinctium subsidia castris cum sociali exercitu mitti — (Liv. III. 4,) and when the object was accomplished the power ceased. So also Pompeius, in I5.C. G7, three years after his consulship, was invested by the Lex Gabinia witii the title of Proconsul, and with very ami)le powers, in order that he might prosecute the war against the pirates (Vellcius II. 31.) 2. It happened, in some very rare instances, that a private individual, who had never lield the office of Consul, was sent forth upon a mission as a Proconsul. Tliis came to pass in the case of the elder Scipio Africanus, who, in B.C. 211, was sent into Spain as Proconsul at the age of twenty-four ; and again in the case of Pompeius, who, in B.C. 7G, at the age of tliirty-one, before he had held any of the great offices of state, was appointed Proconsul to conduct the war against Sertorius. See above, p. 182. 3. When a Consul, at tlie close of his year of office, had his Imperium pro- longed, in order that he migiit be enabled to carry out some undertaking, (see above, p. 182,) he continued to command with the title Proconsul. The first example upon record is that of Q. Publilius Philo, B.C. 326, (Liv. VIII. 23 — 20,) and the procedure subsequently became common. 4. Towards the close of the republic the Consuls usually remained in the city during their year of office, and after this had expired proceeded, as Proconsuls, to assume the government of a province. It will be seen that the Proconsuls who belong to the three first heads were officers who received extraordinary appointments in consequence of a special decree of the Senate, or of a Rogation submitted to the people, while the 1 Taoit Ann TI. 59 XII. 60. Hist. I. II. Coinp. Liv. Euit. CXXXIII. Velleiua. IL 39t Dion Ca»8. LI. 17 LIU. 12. PROCOXSULS — PROPKAETOKS, ETC. 195 Proconsuls "wlio belong to the fourth class were, for a considerable perioJ, appomted as a matter of ordinary routine. ^ A controversy has been maintained by grammarians, both ancient and modem, whether it is more correct to employ the form Pro Consule in two distinct words, or Proconsul declined as an ordinary noun, or whether each is in itself correct, but the signiiication different. It is sufficient here to remark, without entering into details, that if we consult inscriptions and the oldest MSS. we shall find both fomis used indifferently by the best authors to convey the same idea, it being obsei-ved that Pro Consule can be employed only when the sentence is thrown into a particular shape. Inirrcliaiige of ihc terina Consul, Praetor, Proconsnl, Propraetor.— A Proconsul is sometimes styled Consul^ as in Liv. XXVI. 33. XXVIII. 39 ; but this may be merely an oversight or an maccurate expression. A Proconsul is sometimes styled Praetor^ as in Cic. ad Att. V. 21. ad. Fam. n. 17. XIII. 15. In this case Praetor is probably employed in its general and ancient signification of General or Commander (see above, p. 133.) On the other hand, a provincial governor is sometimes styled Proconsid, although he had never held any office higher than the Praetorship. Thus, C. Sempronius Tuditanus who was elected Praetor for B.C. 197, (Liv. XXXII. 27,) is soon aftei-wards spoken of (XXXIII. 25) as C. Sempronium Tuditanum Pro- consulem in Citeriore Hispania ; and in like manner, ]M. Fulvius, who was elected Praetor for B.C. 193, and received Hispania Ulterior as his province liy lot, (Liv. XXXIV. 54. 55,) is called, the following year, M. Fidvius Proconsul (Liv. XXXV. 22.)- This apparent inconsistency is generally, if not always, to be explained by the fact that the Senate, when the condition of a Praetorian Province was such as to demand the influence and might of the highest power, were wont to invest tlio Praetor, who was about to take the command, with Proconsular e Imperiuni, thus entitling him, during the period of his government, to bear all the insignia and exercise all the authority of a Consul. Hence, Q Cicero (the brother of the orator) who, after having been Praetor, acted as governor of Asia, is styled indifferently Propraetor and Proconsid, the former denoting the office Avhich he had actually held in Piome, the latter the dignity which he enjoyed, and the power which he possessed, in his province. ^ IXFEEIOR MAGISTRATES UNDER THE REPUBLIC. In addition to the gi-eat functionaries, whose duties we have described above, there were a considerable number of officials who performed tasks of an impor- tant, but less dignified character. These were comprehended under the general designation of Minores Magistratus ; * but we must carefully distinguish this use of these words from the more extended application of the same phrase, as 1 It will be gathered from what has been said above, that a Proconsul assumed the insignia of his office as soon as he quitted the city ; but he could exercise no power, civil or military, except within the limits of his Province. He retained, however, both his hnperium and the outward symbols of his dignity until he re-entered the city. These rules applied to the Proconsuls of the empire as well as of the republic. The statements of Ulpian are distinct and precise — Procotisul ubique q^iidem proconsularia insignia habet statim atque urbem egressus est: Potestatem aiitem non exercet, nisiiu ea Proviticia sola quae ei decreta «?— and again^ Proconsul pnrtam Romae itierfssus dpponit Imperium — Ulpian. Digest. I. xvi. 1. 16. comD Cic ad Att. VII. 1. 7. Liv. XLV. .-fS. Tacit. Ann. IIL 19 2 For other examples see Cic. in Vatin. 5. (C. Cosconius,) pro Ligar. 1. (C. Considius ) ad fam. XII II \>. XIII 78. 79. (Cassius and Allienus.) 3 Cic. ad Q. F. L 1. de Divin. I. 28. Suet. Octav. 3. comp. Velleius II. 4-2. 69. Gift Philipp. 4 Cic. de legg. IIL 3. Liv. XXXIL 26. XXXVL 3. XXXIX. IS Suet. Caes. 41. 19C MINORES MAGISTRATUS. explained above, p. 184. Of the Minores Mag-lstratus, in the restricted sense, the most conspieuous -vvcrc — I. Triumviri CnpiialcM, instituted, according to Livy, alwnt B.C. 289. Tlicsc may be regarded as police commissioners, subordinate to the Aediles, Among the tasks specially imposed upon tlicin were, the charge of the gaols, and the execution of tiiosc criminals who were put to death in prison. They exercised jurisdiction, sometimes of a summary cliaractei", over slaves and pere- grin! ; their tribunal being placed beside the Colunnia Macnia in the Forum (bcc above, p. 17.) They appear to have presided at preliminary invcstigation.s In cases of murder and other licinous od'enccs against tiic person ; they connnitted to prison those accused, and occasionally acted as public im])cachers. They existed tuuler the eailicr emperors ; and we hear of them in inscriptions as lato as the liiird century. ^ II. 'I'riiinivii-i iVncinrui arc generally believed to liave been distinct from tlic Tiiit'MViKi Cai'ITALics, and to have been specially charged with preserving the peace of the city by niglit, patrolling the streets, arresting those whom they found prowling about under suspicious circumstances, enforcing precautions against fire, and taking prompt measures for quenching conflagrations which miglit arise. There can be no doubt that this magistracy is distinctly mentioned by Livy at a period prior to that which he fixes for the institution of the Triumviri CajnUilv.x; but, on the other hand, the same historian, when giving an account of tlie panic whicli arose in consequence of the disclosm-es regarding the I>acciianalia, details certain duties imposed upon the Triumviri Capitales., wliich must have devolved upon the Triumviri Noclurni had they been separate ollicers — Triumviris Capilnlibus mandatum est, ut virjilias disponcrcnt per urijcm, servurentque ne qui noctarni coelua fierent : iilque-ab incendiis caveretur; adiutoresque Triumviris Qninqueviri uti cis Tihcrim suae qnisque rcffionii aedifidis prnct'ssniL Moreover, Triumviri Noclurni are not included in the list of Minores Mdf/istratHs, as they existed before Augustus, given by Dion Cassius, although he distinctly describes the Triumviri Capitales — o'l n -rpug 6i roii Tov Bmuxtov oix-ct; TrpoarsTW/f^ii/oi. In very many cases where allusions are made to the subordinate police magistrates, they are spoken of simply aa Triumviri or Treviri, without the addition of any epithet.^ III. <}iinliini'viri Viis in Trbc I'lir^nniliH. IV. Uiiiimviii Viitt «-xliii IJrltcin I'urgaiitlis. These must have acted directly under the orders of the Aediles (see above, p. 1f>7.) T!ie former, as the name implies, being charged with cleansing the streets within the city, the latter those in the suburbs.'' V. Occi-mvii'i Miiitiiinn iiiiiicaiKiiH. — I'omponius asscrts that this court was established after the institution of the office of Praetor Peregriniis, and at the same time with the Triumviri Cajiitules. Many antiquarians, however, believe that the board existed from a much earlier period, and that it is alluded ti) in the Jjex Vulcria Iforalia passed immediately after the abdication of the Decemviri Lecjibm Scribcndis, in B.C. 449 — Ut qui Tribunis Fkbis Aedilibus 1 LIv. Epit, XI. XXV. I. XXXn. 26. XXXIX. 14. 17. CIc. do Icgg. HI. 3. Jn Q. C Dlvln. Ki. and nolo of I'kiukI. Airon. pro Cluont. 13. Ascon nrKuinont. in Milon. Varro L.L. V. § HI. IX § H.') I'Vst. H,v. Sdrnniiniivm, p. 314. Salhist Cat. Uh. Tacit. Ann. V. 9. Agric. '^. Huncc Coiiirov. Ml. IG. Val, Max V. iv. 7. VI. 1. 10. VIII. iv. 2. .Sparlian. Hadrian. 4. 1&. v:t Aul. (Jell. III. 3. Pompon. Digest. I. ii. 2. § yo. I'laut. Aul. III. li. 2. Asin. L U. 5. Mor. Kpod IV. 11. •i h\v. IX. 4G Kplt. XI. XXXIX. II. comp. 17. Plaut. Amphit. I. i. 3. Val. Max. VIIM 6 li. I'aul. DigeHt. I. xv 1. Dion. Cass. I. IV. 20. 3 Tubul. licracl. Pompon. Digtst. i U. ij. § yo. Dion. Casa. LIV. 20. MINOEES MAGISTUA.TU8. 197 riiilicihus Dcccmvirh nocuisset ciiis caput Tovi sacrum csscl: famUla ad acdem Cereris Lihcri Libcraeijiie venum iret — in wliich case tlicy must have been Plebeian magistrates. Tiicy arc noticed by Cicero, but not in such a manner as to deline tiie naliue or extent of their jurisdiction, and the words of Pomponiua yield no satisfactory information — Delude quum csset ncccssarius magistratus qui Hasiac pracessct Decemviri in litihus iudicandis sunt consdtiiti. By Augustus tliey were placed at the head of the Cen.tumviri, wlio Mill be mentioned more particularly when we treat of the administration of justice ; but tlicy still existed as a separate and iudopcudent body down to the end of tlie fifili century. ^ VI. Triiiinrirl ifioiicialcs — Commissioners of tlie mint, to wiiom tiie charge of coining money was committed. The names of individuals holding this office appear frequently npon coins struck very near the close of the connnonwcaltii, with tlie addition of (he letters A. A. A. F. F. denoting Auro Argcnto Acri Fiando Fcriundo. Pouiponius states that they wei'C instituted at the same period wilii the Triumviri Capitalcs; (B.C. 289 ;) but if this be the case they could not have been, as he says tliey were, acris argenli auri Jiatores, for silver was not coined, according to Pliuy, mitil B.C. 2Gt), and gold not nntil a mneh later epoch. Tliey are alluded to by Cicero (Ad. Fam. VII. 13) in a complicated joke, when warning his friend Trebatius against encountering tlie Avarlike nation of the Treviri in Gaul — I'reviros vites censco, audio Capitalcs esse, mallem auro, acre, argcnto esscnt. The number of these officers was increased by Julius Civsar to four, as appears from coins struck while he held sway ; but it was again reduced to three by Augustus (Suet. Caes. 41. Dion Cass. LV. 26. Pompon. Digest. I. ii. 2. §"30. ' Piin. II. N. XXXIII. 39.) = In addition to tlie above, who seem to have been elected regularly every year in the Comitia Tribnta, commissioners were, from time to time, nominated for the performance of special temporary duties, and all of these would, lor the time being, be ranked as Mlnorcs Magistratus, Such were the commissioners appointed for distributing public lands, {agrls dlvlduudls,) for planting colonies, (colotiils deduccndls,) for erecting, dedicating or repairing teinjilcs, (^acdlbus /aclundl-s — dcdlca)idls — rcficlcndli:,) for relieving some extraordinary pressure in the money market, (Triumviri s. Qulnqucvlri Mensarll,) and many others, the nature of wiiosc offices are sufficiently explained by the epithets employed, and by the narratives of the historians by whom they are mentioned. Augustus formed a sort of corps or board of the Jlinor Magistrates, which he termed the ]'lglntlvlratus, comprehending the IllViri Capitalcs, the IllViri Monetalcs, the l]^]'lri ]'lls in Urhe purgandis, and the A" 17/-/ Stlltlhus iudicandis. The members were selected exclusively from those possessed of the Census Jujucslcr, and admission to tlie body was regarded as the first step towiU'ds public distinction. Hence Ovid tells ns — Cepimns et tcnerao primos .letatis honores Equo fiVis quondam pars tribus mia fui. ' PUBLIC SERVANTS OF THE MAGISTRATES. I. Scrlbno. — The most important were the Scrlhae s. Scrlbae Ubrarii, * the 1 Pompon. Diprost. I. ii. 2. 5 29. Cis, Omt, AG. de legs HI ■"'• pro Caccin. 33 Orat. pro doin ■») Vnrio L.I/. IX. §85. Suet. Octav. 3(i. Dion Ciss. LIV. 26. Sidon. Ajiollin. Epp. l.l. U. 7 " Kor full infornintion ontlio Triumviri M(metales sec Eckhel, Doctrina Numorum Veterum, Tom V. Cnp. iv y. 01. » Dion Cnss. LIV. 2(>. Ovid. Trist IV. x. 33 * Vnrro R, R. Ill 2. Tiibul Hcr.iol. But Frontinus de Aquncd. 100. sooms to draw a distluctiou between Scribac and Scribae Librarii. comp. Cio. de log. agr. IL 13. 198 PUBLIC SERV.VXTS OF THE MAGISTRATES. government clerks, a certain number of whom were attached to the Senate, and to all the different departments of the public service. Their duty was to take do^vll and record the proceedings of tlie public bodies, to transcribe state papei's of every description, to keep the books and accounts (rationes jyerscribere — con- ficcri) connected with the different offices, to supply the magistrates with the written forms required in transacting public business, to read over public documents in the Senate, in the courts of justice, and in the assemblies of the people, and to perforin a great variety of services of a similar description. When we recollect that the principal magistrates remained in power for one year only, and tliat many of them entered upon office without any exj>erience or previous knowledge of lousiness, it is manifest that they must have depended entirely upon their subordinate assistants, who, being engaged permanently in the perfonnance of the same taslcs, would be able to inform and guide their superiors. Aid of this description would especially be necessary in the case of the Quaestorship, which was the first step in tlie ascent to political power, but which must, at the same time, have demanded an extensive and accurate knowledge of a multitude of minute details connected with the finances of the republic. This knowledge must have been supplied by the Scribae ab aerario, the chief of whom were designated Sexprimi. Tlie Scribae were so numerous that they are spoken of as forming a separate class in the state — Ordo Scribarum — and were regarded as occupying a humble but highly respectable position in the commrmity. II. Isidores. — We have already had occasion to describe the Lictors, as the attendants of the Kings, Consuls, Praetors, and Dictators. They executed the orders of the magistrate especially ivhere force was required, cleared the way before him, and dispersed a crowd when it impeded public business (summovere tnrham.) AVheii any one failed to pay proper respect to a dignified functionary, lie ordered his Lictor to mark tlie offender, (animadvertere,^ and hence animad- vertere frequently denotes to censure ov piuush. III. Acceiisi were messengers or orderlies, one of wliom always attended upon tlie liiglier magistrates to convey messages or commands. AVe hear of thera in connection witli Consuls, Proconsuls, Praetors, and the Decemvirs. IV. ViaioreH were also attendants upon tlie magistrates, and executed their orders. Tliey are most frequently mentioned in connection with the Tribunes of the Plebs ; but we find tliem employed also by the Senate, by Dictators, and by Consuls. Wlien tlie territory of Rome extended but a short distance beyond the walls, Viatores were sent round the rural districts to give notice to those residing in tlie country of meetings of the Senate and of the Comitia. ^ V. l»rn€-coiic» — criers, were employed on all occasions when it was necessary to make public ])roclamation verbally of any matter. They also acted aa auctioneers, both lor public and private property. All the above were included under the general appellation of Apparitores, (that is, persons qui apparent s. parent mar/i.'itratibus,) a term which may be applied to the public servants belonging to any one class or to the whole collectively. ^ It must be understood tliat the Apparltores were all free men; many of them Jiif/enui, a larger number, especially under the empire, Liberlini, ^ and as such were completely distinct from the numerous body of Servi Publici, who were 1 I,iv VI IT) VIII. 18. XXII. ;i. Plin UN. XVIII 3. Aul. Gcll. IV. 10. XIII. 12, 2 ( ic. in \'irr HI. CO. dr- Icj;. ajrr, 11. 1.'), I'roiitin. . 19. Tacit. Ann. VI. 11. XIV. 41 Velleius 11 88. Vn. Suet. Oct 33. 37. Hieron. Chron. Euseb. 2 Suet. Octav. 25. 30. Dion Cass. LIV. 4. NEW MAGISTRATES mTDER THE EMPIRE. 201 Praefectus Annonae to procnre provisions for the city during a period of scarcity. Towards the close of the republic, -when Rome was almost entirely dependent upon foreign countries for com, the importance of securing a steady supply and regulating the price must have forced itself upon the attention of all connected with the government. In B.C. 57 a law was passed by which Pompeius was intrusted with the charge for five years — Legem Consules conscripserunt qua Pompeio per qidnqiiennium omnis potestas rei frumentariae toto orhe daretur; but no permanent magistracy was established for this purpose until Augustus, having himself undertaken the task — curam . . . frumenti populo dividundi — ordained that for the future two Praetorii should be appointed annually to distribute com to the people, and this number he subsequently increased to four Eventually he confided tlie trust to two Consulars, and, in addition to these, nominated an Inspector-general of the com market, who, under the ancient appellation of Praefectus Annonae, held office without limitation as to time, was chosen from the Equestrian order, and was regarded as occupying a very dignified position. The oflice continued to exist until the downfal of the empire, but lattei'ly was held in little esteem. ' NEW INFERIOR MAGISTRATES UNDER THE E5IPIRE. Cnratores Tiaruui. — To these Augustus committed the charge of inspecting and keeping in repair the militaiy roads, (see above, p. 52,) each great line being intrusted to a separate individual, so that we read of Curator Viae Appiae, Curator Viae Flaminiae, Curator Viae Valeriae, and so on. Although the office did not confer any direct political power, it was regarded as very honourable, and was bestowed on those only who had been Consuls or Praetors. Besides the Curatores Viarum, there was one or more Curatores Operum publicoriim, a Curator Aquarum, who took charge of the aqueducts, Curatores Alvei et Riparum, Tiberis et Cloacarum Urhis, i.e. sewer commissioners, and many others. ^ Magistri Ticoruiu. — These existed under the republic, and are spoken of by Livy as holding the lowest place (injimum fjmus) among magistrates. AVhen Augustus divided the city into XIV Regiones and CCLXV Vici, he placed the former under the general superintendence of the Praetors, Aediles, and Tribunes of the Plebs, the latter were committed to local Magistii, chosen from the humbler portion of the population ; (Alagistri e Plebe cidusque viciniae lecti;) but they occupied a higher position than formerly, for they now took charge of the fire police, of the celebration of district rites, and on certain state occasions were permitted to wear the Toga Praetexta, and to be attended by two Lictors. * Curatores Urbis. s. Curatores He^ioniiui. — The fourteen Augustan regions ■were placed by Alexander Severus under the cliarge of XI V Curatores, chosen ex consularibus viris, who were conjoined with the Praefectus Urhi, to whom before tliis time, the general superintendence, formerly intrusted to the Praetors, Aediles, and Tribmies of the Plebs, had been transferred. * 1 Liv. IV. 12. Epit. CIV. Cic. ad Att. IV. I. Tacit. Ann. I. 7. XI. 31. Hist. IV. fig. Plin. Panegyr. 29. Suet. Octav. 37. Dion Cass. XXXIX. 9. LII. 24. LIV. 1. 17. LV. 26. 31. Boeth. Consol. 3. 2 Suet. Octav. 37. Ups. ad. Ann. III. 31. Tacit. Ana I. 77. 79. Dion Cass. LVII. 14. Frontin. de Aquaed. Urb. Rom. 95. seqq. J Liv. XXXI V. 7. Suet. Octav. 30. Dion Cass. LV. 8. 4 Lamprid. Al. Sev. 33. comp. CapitoliiL M. Aur. 11. 202 THE EMPERORS AND THEIR TITLES. THE EirPERORS. It docs not fjill witliin tlie limits or province of this work to investigate the • causes whicli led to tiie downfal of the republic, nor to enumerate the various processes by which tiie free constitution was converted into a military despotism, nor to enlarge upon the skill displayed by Augustus in organiznig the new order of things and in providing for the stability of the monarchy. It is enough for our present piu-pose to point out that under his sway the wliole might of the govern- ment was concentrated in his own person, while the Coniitia, the Senate, and the Magistrates, although retaining their ancient names and apparently discharging their ancient functions according to ancient forms, were, in reality, mere machines, whose every movement was regulated and guided by his will. The successors of Augustus did not deem it necessary to adhere so closely to all the details of the commonwealth ; but it may be gathered from what has been said in the preceding pages, that although the vital workings of the free constitution Avere completely paralysed, few of the institutions themselves were formally abrogated until the whole system was remodelled by Constantine. The powers wielded by the Emperors were all such as had been exercised by the legitimate authorities under the republic, although never before combined and concentrated in one individual, and these powers, which were understood to be received from the Senate, were expressed by a series of titles, which we shall proceed to examine in succession. It is true that Augustus might have effected his purpose completely had he, following the example of Sulla and of Ca3sar, accepted the name and office of Dictator Perpetuus ; but the name and office of Dictator had been formally abolished by law upon the death of Julius, (see above, p. 149,) and even had this been disregarded, the very idea of a perpetual Dictator was a monstrous violation of the fundamental principles of the magistracy. True, therefore, to his delcrmiuation of avoiding every thing which might give a rude shock to public feeling by being glaringly irregular and offensive, he steadily refused to assume any name or exercise any power for which a precedent could not be found in the ordinary usages of the commonwealth. We begin with the most important of the titles indicated above, that which has ever since been emjiJoyed by many nations of Europe to denote the highest grade of sovereignty. inipcraior. — Tiiere can be no doubt that the title Imperator properly signifies one invested with Impermm., and it may very probably have been assumed in ancient times by every general on whom Imperium had been bestowed by a Lex Curiata. It is, however, equally certain, that in those periods of the republic with the history and usages of which we are most ftimiliar, the title Imperator was not assumed as a matter of com-se by those who had received Imperium^ but was, on the contraiy, a much valued and eagerly coveted distinction. Properly speaking, it seems to have been in the gift of the soldiers, who hailed their victorious leader by this appellation on the field of battle ; but occasionally, especially towards the end of the commonwealth, it was conferred l)y a vote of the Senate. One of the earliest allusions to the former practice is to be found in tlie words ascribed by Livy (XXVII. 19) to Africanus when the Spaniards were desirous of styling him king — Sibi maximuvi nonicn imperatoris esse dixit, quo se milites sui appellassent ; but the best and most explicit testi- mony uf)on this point is to be found in Tacitus (Annal. III. 74) — Id quoque lilacso tribuit, ut imperator a lerjio7iibus salutaretur, prisco erga duces honore, qui, bene (jesta rcpublica, gaiidio et impetu victoris exercitus conclamabantnr, erantque plures sirnul Imperatores, nee super ceterorum aequalitatem. The latter practice is stated with equal clearness by Cicero in many passages, e.g. (Philipp THE EMPEROKS AND THEIR TITLES. 203 XIV. 4) — At si quis Hispanorum aut Gallorum aut Thraciim miUe cut duo millia occidisset; non eum, hac consuetudine quae increbuit, uiperatorem appellaret Senatus. It is manifest that an honour of this kind might be bestowed more than once upon the same individual, and thus, on some of the coins of Sulla we read Imper. Iterum, on those of Pompeius M. simply brp., on those of Caisar and of Sext. Pompeius Imp. Iter., on those of Antonius IIIviR. Imp. IIII. After llic power of Augustus was fully established, the title was very sparingly bestowed on personages not imperial. We find that it was granted to Tiberius before his adoption, and to his brother Drusus, but apparently not to Agrippa. The last private individual who enjoyed it was Blaesus, on whom it was conferred by Tiberius after the defeat of Tacfarinas. Augustus and his successors constantly assumed this title, and inscribed it upon their coins, with the figures I. II. , . . V. VI. . . . added according to circumstances, it being understood, it would appear, although the rule was not strictly adhered to, that it coidd be bestowed once only in the same war. The last Emperor who inscribed it on his medals was Caracalla, if we except Imp. V. and Imp. X. on coins of Postumus. It occurs occasionally, but rarely, in inscriptions, after the age of Caracalla. We must observe that Imperatoi% when used in this sense, was always placed after the name of the individual who bore it. But the designation Imperator was employed under the empire in a manner and with a force altogether distinct from that which Ave have been considering. On this point we have the distinct testimony of Dion Cassius, (XLIII. 44, comp. LIII. 17,) who tells us that, in B.C. 46, the Senate bestowed upon Julius Co3sar the title of Imperator^ not in the sense in which it had hitherto been applied, as a term of military distinction, but as the peculiar and hejitting appellation of supreme power, and in this signification it was transmitted to his successors, without, however, suppressing the original import of the word. Again, the same Dion (LII. 41) informs us that Octavius, in B.C. 29, received the name of Imperator, not in the ancient sense in which it was bestowed after a victory, but to point out that he was invested with the supreme poiver. See also (LIII. 17.) Suetonius, in like manner, among the excessive honours heaped upon Julius Cajsar, reckons the Praenomen Imperatoris. This last expression is valuable, because it points out the fact which we learn from medals, that Imperator^ when used to denote supreme power, compre- hending in fact the force of the titles Dictator and Rex, is usually, although not invariably, placed before the name of the individual to whom it is applied. Thus we constantly read such legends Imp. Caes. Vespasian. — Imp. Nerva Caes. ; and upon a denarius of the Gens Pinaria ive find Imp. CaeSjVJIi. Scakpus Imp. ■where the first Imp. is applied to Augustus in his capacity of supreme ruler, the second to Scaipus as a victorious general. Not unfrequently, however, Imperator in this sense is used as a cognomen ; thus, we find generally on the coins of Nero, Nero C^sar Aug. Imp., more rarely Imp. Nero C.s:sar, and on the coins of Vitellius Ave find invariably A. Vitellius Germanicus Ijip. ; but it may be foirly questioned, when Imp. occurs in this position, whether it is not intended as the military title, the more ambitious appellation being suppressed. Whenever a number is added this is unquestionably the case, as when we read on the obverse of a medal CiESAB Vespasian us Aug. and on the reverse Imp. XIII. Not unfrequently both titles occur on the same coin, one on the obverse, the other on the reverse, as Imp. Titus. Caes. Vespasian. Aug. and on the reverse 204 TIIE EMPERORS AND TIIEIK TITLES. Imp. XY., so in like manner Imp. Nerva Caes. Aug. and on the revei-se Imp. 1 1. Tribunicia Potcsias. — Among the many honom's confen-ed upon Jnllus C;TJsar after tlie battle of Pharsnlia, tlie Senate voted that he sliould possess for life the powers of a Tribune of tlic Plebs ; and on the 27th of June 15. C. 23. a similar vote was passed in favour of Augustus, and renewed regularly on the accession of each succeeding Emperor. ^ In virtue of this the person of the Prince was at all times sacred and inviolable ; he could summon meetings of the Senate, and could at once put a stop, by intercession, to any procedure on the part of a magistrate or public assembly which might be contrary to his wishes. The Tribnnitia Poteslas of the Emperor, however, differed materially in many respects from the po\ver -wielded by the Tribunes of the Plebs under the republic, and was in every respect superior. 1. Neither Augustus nor any of his successors ever assumed the nanie of Tribunns Plebis, but the attribute Tribunkia Potestas. Indeed, all the Emperors were either by birth Patricians, or were, immediately upon their elevation, adopted into a Patrician Gens, so that they could not have become Tribuni Plebis without violating one of the fundamental principles of the office. ^ 2. The Tribuni Plebis, from the institution of the magistracy, entered upon office on the 10th of December, and remained in office for one year only. The Tribunitla Potestas of the Emperors commenced on no fixed day and continued for life. 3. The Tribuni Plebis were not allowed to absent themselves from the city even for a single night, except during the Feriae Latinae, and their jurisdiction extended to a mile only from the walls. Those invested with Tribunitia Potestas might absent themselves from the city or from Italy for any length of time without forfeiting their privileges, and "their jurisdiction extended over the whole circuit of the Roman dominions (e.g. Suet. Tib. 11.) It must be borne in mind also that while the Emperors were invested ■with Tribunitia Potestas, the ordinary Tribuni Plebis continued to be chosen for centuries, (see above, p. 145,) altiiough their influence was merely nominal. It was not unusual for the Emperors to permit those with whom they were closely connected, especially their children or the individual selected to be their successor, to participate in the Tribunitia Potestas. Thus, Augustus bestowed it for five years on Agrippa, and prolonged it for an additional five years ; for five years on Tiberius, but when the period had expired it was not immediately renewed ; after the death of his grandson, liowevcr, it was again given to Tiberius for ten years, and subsequently continued. Tiberius bestowed it en his son Drusus, Vespasian on Titus, Nerva on Trajan, Hadrian on Aelius, and subsequently on Antoninus. It is unnecessary to nniltiply examples. ^ The Tribunitia Potestas was considered to be in the gift of the Senate, by whom it M-.as regularly conferred on each new occupant of the throne, and when the Emperor desired that it should be bestowed on another, he always made a special request to that effect So completely was this form established, that Dion Ca.=sius keenly censures Eagabalus as guilty of indecent haste, because he lux-sumed the title without waiting for the resolution of the Senate.* C'onnui — We have already spoken of the Consulship under the empire, (see above, p. 138,) and of the manner in which the Emperors assumed it at pleasure. • Dion Cnds. XI.TI. 20. 1,111 32. comp. LI. 19 and Oro3. VI. IS. Tacit. Ann. L 2.7. III. 56. J Dion (ass. LIII 17 '.ii Spartian. Uirf, Jun.iii, .}. 3 S.-<- Dion Cass. LIV. 12. W. Tacit. Ann. lU. 50. * Tacit I.e. Liion Cass. L.XXIX. 2. THE EMPEKOKS AJST) THEIR TITLES. 205 The name implied no powers wliicli they could not exercise as Imperatores or in virtue of the Tribimitia Potestas, and therefore it was not thought necessary to include it among; the permanent titles of the supreme ruler. Dion Cassius indeed, asserts (LIV. 10) that Augustus received the Consularis Potestas for life, {rv]v k^ovaixu T71V Tojv ii-TTXTuv Old (iiiv £?v«/3£!/,) but this seems to refer rather to the dignity which he enjoyed, and the right of being attended by twelve Lictora than to any actual title. Censor. — AVe have stated above (p. 171) that after B.C. 22 the office became virtually extinct. Claudius, however, Vespasian with Titus for his colleague, Domitian, and Nerva, each received the title ; but other Emperors were con- tent with exercising the Censoria Potestas luider the designation of Praefecti Moriim, (although Trajan refused even this appellation,) or styled themselvea Censores merely while actually engaged in performing the duties of the Regis- tration. ' Thus, we are told of Augustus — Recepit et moriim legumque regimen aeque perpetuum: quo iure qumnquam sine Censurae Jiovore Censum tamen popiili ter erjit, primum ac tertium cum collega, medium solus (Suet. Oct. 27) — and on the ]\Ionumentum Ancyranum we read — Senatum ter legi. Proconsul. Procoaisiolare Impcrium. — Although the title of Proconsul does not (with one or two very dubious exceptions) appear upon the medals of the Emperors until the time of Diocletian, it is certain, from historical records and other monuments, that they were regularly invested with Proconsulare Imperium. Dion Cassius relates (LIII. 32) tliat among other honours conferred upon Augustus, in B.C. 23, it was decreed that he should possess the Proconsulare Imperium for ever, (J^ yipovsioe, tOcjKsv 'ATE. as such before the close of the preceding Lustrum. Hence the distinction ()l)served between Senatores and those quibus in Senata sententtam dicere licet. * Therefore, when the Censors supphed the vacancies, they began by selecting in order of rank and seniority those who had filled offices in virtue of which they had been admitted to sit and to speak. Such persons were regarded as possessing the first claim ; and Livy, (XXII. 49,) when enumerating the victims at Cannae, makes use of the expression — ocioginta praeterea, aut Senatores aut qui COS macjistratus gessissent uncle in Senatum legi deberent. When the Censors, in making up the new roll, omitted the name of any Senator, they were said movere s. eiicere Senatu the individual in question ; if, on the other hand, they did not include in the list of new Senators any one who had a claim to be selected according to tlie principle explained above, while they gave a place to one or more who were his juniors or inferiors in rank, then they were said praeterire the individual in question, and such persons were temied Praeteriti. This distinction is not, howes'cr, always observed, and Praeterire is used generally -n-ith reference to those passed over by the Censors, whether previously Senators or not. - We are told by Appian (B.C. I. 100) that Sulla, when he made a large addition to the numbers of the Senate from the Equestrian order, Igft the choice of tiie individuals to the Tribes ; but this statement is not confirmed by other writers. Princeps Scuatiis. — The Censors, as we have seen, drew up a list of the Senate. The Senator whose name was placed by them at the head of the roll was styled Princcps Senatus, and this position was highly valued, although it conferred no substantial power or privilege. Under ordinary circumstances, the senior of the Censorii, that is, of those who had held the office of Censor, was tiie person selected as the Princeps ; but this was by no means an imperative rule (Liv. XXYH. 11. XXXIY. 44.) . 30. X X X I V. 3.-J. X XX V 1 1 . 4.5 .5.5. » i-olyb. VI. 13. Liv. XXX. 17. XXXL U. XL. 58. THE SEXATE. 217 Comitia Centurlata nntil it had been revised and sanctioned by the Senate. But as the power of the Tribunes of the Plebs increased, and especially after the Lex PubliUa, (see above, pp. 117. 124,) by which Plehiscita were rendered binding upon all orders in the state, the riglit of previous sanction, -TTQ^oilav'Kiv^oe.^ as it was termed among the Greeks, even if it was fully admitted, became of com- paratively little importance, (Dionys. VII. 38. IX. 41. Appian. B.C. I. 59.) But while the Senate discharged these and many ether functions of the highest importance, for the most part without question or opposition, still the pe6ple being, according to the principles of the constitution, (see above, p. 79,) supreme, occasionally interfered • and reversed the arrangements of the Senate. Thus, no prerogative of the Senate was more completely recognized and was, for ages, less disputed, than their title to distribute the Provinces according to their discretion ; * yet, as we have seen above, (p. 185,) the Tribes, upon three important occasions, took the matter into their own hands ; and other examples of a similar nature will be found recorded, from time to time, by the historians. Relation in ^vhicli tlic Senate stood tonai'ds llic I?Ingistrales. — The Senate, although nominally, in a considerable degree, under the control of the higher magistrates, were in reality their masters. It is true that the Senate could not meet unless summoned by one of the great functionaries, and could neither decide nor even deliberate upon any question unless regularly brought under their notice by the president. But, on the otiier hand, the magistrates were unable to discharge their ordinaiy duties without the sanction and assistance of the Senate, and Mould have been utterly powerless without their support. Difference of opinion occasionally arose, when, if the Senate were resolute, and the Consuls refused to yield, {in potestate s. in aucturilate Senatus esse,) the Senate, as a last resource, might insist upon tlie nomination of a Dictator, or might appeal for assistance to the Tribunes of the Plebs, who were ever ready to interfere upon such occasions, and could, in an exti'emity, order the Consul to prison. ^ Even when in actual command of an anny, the generals were dependent upon the Senate, for they were strictly confined within the limits of their Province, and to the Senate they looked for all supplies, and for the ratification of all theii* proceedings. ^ Meetings of tlie Senate. — The Senate could not meet unless summoned by a magistrate, and certain magistrates only possessed the power (Vocare s. Cogere Sejiatmn.) Among the ordinary magistrates, the privilege belonged to the Consuls ; in their absence, to the Praetor Urbanus, or to those magistrates who, for a limited period, were substituted for the Consuls — the Decemviri legibus scribendis and the Tribiini mililares consulari potestate. The Tribunes of the Plebs also, after a time, assumed and maintained the right of summoning the Senate. Of the extraorduiary magistrates, to the Dictator, the Interrex and the Praefectus Urbi. * ITlode of Summoning'. Attendnnre. — When it Avas necessary to Summon the Senate in great haste, it was done by means of a Praeco and Viatores ; but, under ordinary circumstances, a public notice {cdictnni) was posted up a few days beforehand. There were no fixed days for meetings of the Senate until the 1 See especially Cic. in Vatin I"i. i Liv. III. 21. -vi. IV. aa 5G. V. 9. 3 Liv. V. 27. VI. 26. VIII. 1. 30. X. 5. 36. 4 Aul. Gell. XIV. 7. who quotes Varro. Cic. de Oral. III. 1. de legg. IIL 4. who, if hia text be correct, adds the Magister Equitum to the above list. 218 THE SENATE. time of Augustus, ' wlio ordained that the Senate should meet regularly twic« every month, on the Kalends and the Ides, and hence arose the distinctiou between Senatus legidmus, an ordinary, and Senalus indictus, an extraordinary meeting. The attendance of Senators was not optional, but might be enforced by the summoning magistrate, and they were liable to a fine if absent without good reason ; but tliis appears to have been seldom exacted. Under the empire, members of the Senate were exempted from attendance after their sixtieth (or, perhaps, sixty-fifth) year. ^ A full meeting of the Senate was called Se77atus freguens, a thin meeting, Senatus infrequeiis. When the subjects to be proposed for deliberation were of importance, it was not unusual, in the Edictum, to request a large attendance. riacc of iTleetiiig The Senate could hold their meetings in a Templum onlv, that is, in a place consecrated by the Augm-s. The ordinary council hall for many centuries was the Curia IJostilia, which stood upon the north side of tlie Comiiiuin; (see above, p. 14;) but occasionally we find other Templa employed for the same purpose. Towards the close of the republic and under the empire several magnificent edifices were erected, with the express object o^ serving as Senate-houses, and of these we have noticed the Curia Jidia anJ others. ■\\'hen the Senate gave audience to the ambassadors of a hostile state, or to the generals who wished to retain their Imperium, which they would have forfeited bv passing the Pomoeriuin, then the ordinary places of meeting were the Temple of Bellona or the Temple of Apollo, both in the Prata Flaminia. See above, p. 43. ITlanner of Coiidnciiug Business. — Before proceeding to business the ausjjices were taken and a sacrifice offered by the magistrate who had called the meeting. ^ The magistrate or magistrates, for both Consuls appear to have frequently acted jointly, who had called the meeting and who presided, had alone the right, in the first instance, to submit any matter for deliberation, and in doing this he usually commenced with things sacred, and then passed on to secular affairs (de rebus divirds priusquam hwnanis.) * When the president simply made a state- ment for the purpose of communicating intelligence, he was said 7'em ad Senatum de/erre, when he brought before them any question for discussion, rem ad Senatum referre. * AVhen the presiding magistrate had finished the business for which the meeting had been summoned, it was competent for a Tribune of the Plebs, or any other magistrate who possessed the right of holding the Senate, to propose a subject for debate ; ® but under no circumstances could this be done by a private Senator. It was not unusual, however, for the house, as a body, to call upon the president to bring some matter under their consideration — postulare uti referrent — con- clamatum est ex omni parte curiae uti referret Praetor^ &c. ' In submitting any matter he was said, as noticed above, eefekke rem ad 1 Liv. III. 38. XXVIII. 9. Cic. ad fatn. XI. G. Appian B C. I. 25. Dion Cass. LV. 3. LVIII. 21. Capitolin Gordian. II. ■i Liv. III. 38 XXXVI. 3 XLIII II. Cic do Icgg. III. 4. Philipp. I. .5. Aul. Cell. XIV. 7. Senec. de brevit. vit. 20. Sencc Controv. 7. 3 Aul. Cell. XIV. 7. Cic. .ad fam. X. 1^ Sueton. Caes. 81. Appian. B.C. II. 116. 4 Aul. Cell. I.e. comp. Liv. XXII. 9. II. XXIV. 11. « e.g. Liv. II V8 XXXIX. IL e eg. Cic. I'hilippi VIL I. pro. leg. Man 19. ad fam. X. 16. I Liv. XXX. 2\. XLU. 3. Cic. ad fam. X. IG. Tacit. Ann. XIII. 4a THE SENATE. 219 Senatum or referee ad Senatum de aliqua re, and the question or subject submitted was called Relatio. After the Relatio had been briefly explained, he proceeded to ask the opinion of the house, (consulere Senatum,') which he did in the words Quid de ea re fieri placet, and this opinion was elicited by calling upon each Senator by name (iwminatim') to declare his sentiments, (sententiam rogare s. interrogare,') employing the form Die . . . (here the name of the indi- vidual addressed) . . . quid censes. A certain rule of precedence was followed (gradatim consulere.) If tlie elections for the following year were over, the Consuls elect were first called upon to speak, {censere — decernere — sententiam diccre,) then the Princeps Senatus, then those who had held the office of Consul, (^Considares,) those who had held the office of Praetor, (^Praetorii,) and so on through the inferior offices. Again, in adjusting the order of precedence between those belonging to the same class, the rule of seniority was generally followed ; but a certain degree of latitude was allowed to the presiding magistrate, who might mark his respect for particular individuals by calling upon them out of their turn at an early stage of the debate. ^ Considerable importance was attached to the privilege of speaking early, for we find Cicero enumerating among the various honours and rewards which he would enjoy in consequence of being elected Curule Aedile — antiquiorem in Senatu sententiae dicendae locum (In Verr. V. 14.) A Senator, when named, usually rose up (svrrexit) and expressed his views briefly or at length as he thought fit. It does not appear that any limit was fixed to the length of an oration, and hence factious attempts were sometimes made to stave off" a question by wasting the whole day in speaking (diem consumere — diem dicendo eximere.) ^ We have stated that no private Senator was permitted to originate any motion ; but any one was at liberty, when called upon for his opinion, to digress from the subject in hand, and to state his opinion upon topics foreign to the actual business. In doing this he was said egredi relationem. ^ Occasionally, in matters of great importance, when a Senator was desirous to express himself with deliberate solenmity, he read his speech (de scripto sententiam dicere.)^ Many contented tliemselves with simply assenting to a proposition, without rising and delivering a formal harangue, (verho adsentiri — sedens adsentiri,) while othei's gave a silent vote, (^pedibus in sententiam ire.) ^ When every Senator had had an opportimity of explaining his sentiments, (perrogatis sententiis,) if a difference of opinion had arisen, the president proceeded to state the various propositions in succession, (pronuntiare sententias,) and a division (discessio) took place, those who supported the first proposition being desired to pass to one side of the house, while those who did not api)rove of it were to pass to the other — Qui Jioc censeiis, illuc transite, qui alia omnia in lianc partem — alia omxia, being the technical form used to denote every opinion except the one upon which the vote was in the act of being taken.® From 1 Aul. Gell. IX. 10, XIV. 7. Lir. XXVIII. 45. Cic. in Verr. V. 14. Philipp. V. 13. ad Alt. I. 13. XII. 21. The words of Sallust (Cat. .10 ).with regard to the Consul designatus are perfectly explicit — Turn D. Junius Silnnus, primus senlenliom rngatus, quod en tempore Consul designatus erat. The privilege, however, does not seem to have extended to the other n agis- trates elect ; for, as we learn from the narrative of Appian, in the debate above referred to, Caesar, although Praetor elect, did not speak until after many Senators had supported tba views of Silanus. 2 Cic. in Verr. II 39. ad fam. I. 2. ad Att. IV. 2. ad Q. F. II. 1. 5 Tacit. Ann. II. 38. 4 Cic. ad fam. X. 13. Att. IV. 3. 6 Liv. XXVII. 34. 6 Cic. ad fam. I. 2. VII. 13. X. 12. Caes. B.C. I. 2. Liv. VII. 35. 220 THE SENATE. the circumstance of the Senators walking to opposite sides of the house arose the common formulae which expressed tlie act of voting in favour of a measure — discedcre in sententium — ire in senteiitiam — pcdihus ire in sententiam. We liavc already observed that the last of these was applied to those M-ho gave a vote without speaking, and hence the members who did this habitually were ienxiQ^ Pedarii Senator es^ at least this is the most reasonable explanation of the plirase. Sometimes a proposition might consist of different heads, and while some persons might agi-ee to a portion of it, they might be unwilling to assent to the M-hole. In this case they insisted that the president should separate the proposition into clauses, and take t!ie sense of the house upon each separately — postulatnm est ut senteniia divideretur. ^ On the other hand, when a magistrate humed through a proposition consisting of several heads, without time being allowed for the discussion of the clauses in detail, he was said per saturam sentential exquirere.^ When a speedy decision was indispensable, or M'hen it was known that men's minds were made up, the president did not ask the opinion of the Senators in succession, but proceeded at once to the vote, and hence the distinction drawn between Senatus-consultum per relationem and Senatus-consultum per disces- sionem ; but it must be observed that the latter phrase may be applied to every decree of the Senate upon which a vote was taken, whether preceded by a debate or not. ^ When the Senate had separated and were standing upon opposite sides of the house, the president, who appears to have had no vote, proceeded to count, and announced the result by the formula — Haec pars maior videtur. Occasionally, although a difference of opinion had been expressed, the vote was unanimous, and in this case was termed — Sine ulla varictate discessio. * Mviiatus C'oii»>ultuui. Sciintiis Auctoriias. — A proposition sanctioned by a majority of the Senate, and not vetoed by one of the Tribunes of the Plebs, who might interrupt the proceedings at any stage, was called Senatus-Consultum or Senatus-Decretum^ the only distinction between the terms being that the former was the more comprehensive, since a Senatus-Consultuvi might include several orders or Decreta. But if a Tribune of the Plebs put his veto on a proposition which a majority of the Senate had sanctioned, then the resolution of the Senate was called Senatus Auctoritas, and became a mere formal expression of opinion without legal efficacy. When a Senatus- ConsuUian had been passed, it was reduced to writing ( perscriptum est.) Those who had taken the greatest interest In the measure superintended this process, {scribcndo adfnenrnt^) and their names, styled auctoritates perscriptae, were included in tiie body of the document. In like manner a Senatus Auctoritas was frequently written out, seiTing as a sort of protest, and recording the names of those who had supported the motion a-s well as of the Tribune or Tribunes who had interceded. ^ When one or more Trilnuies had put their veto upon a measure approved of by a large majority, the Consuls were sometimes requested to remonstrate with 1 Clc. ad turn I. 2. (poalulalum est uC Bihuli sentcntia divideretur) comp. AscoE. ad Cic. pro Milon. fi. anrl Schol. Hob. in loc. 2 See SaUust lug. i>iinic under the i<:mpire. — The influence of the Senate under the Empire was, ostensibly, prodigiously increased ; for it not only retained all its former rights, but was, to a great extent, invested with those powers which, imder the commonwealth had formed the exclusive prerogative of the people. 1. We have seen above (p. 129) that the election of magistrates was arranged between the Emperor and the Senate, the Comitia being merely called upon to approve of a list, previously prepared, which they could neither reject nor alter. 2. In like manner, the legislative functions of the Comitia were entirely suspended by the Decrees of tlie Senate and the Constitutions of the Prince, -which were submitted to the Senate for ratification. 3. All criminal trials of importance, all which covild be classed under the head of state trials, including charges in any way affecting the government, the person of the Emperor, the proceedings of Senators or their families, or the character of the Proconsular governors, were referred to the decision of the Senate. 4. Even questions with regard to war and peace, although naturally apper- taining to the Emperor in his capacity of supreme military commander, were occasionally left in the hands of the Senate (e.g. Dion Cass. LX. 23. LXVIII. 9.) 5. Lastly, the Senate elected and deposed the Emperors themselves, and all the powers in virtue of which the Emperors exercised dominion were nominally conferred by vote of the Senate. But these privileges, vast in name, were, in reality, a mere empty show. It formed part of the policy of Augustus and of the most judicious among his successors to govern through the Senate, which became the mere organ of the imperial will, executing with ready submission all orders communicated directly, and watching with servile eagerness and anxiety for the slightest indications M'hich might enable it to divine the secret thoughts and anticipate the wishes of tlie Prince, while, in addition to the sanction readily accorded by the body in its corporate capacity, each individual Senator was required, at regular periods, generally at the commencement of each year, to approve and ratify upon oath tlie proceedings of the Emperor (iurare in acta Principis.) ^ The actual position of tiie Senate in the state was very different at different times, depending almost entirely upon tiie temper of the sovereign. By some it was altogether disregarded or treated with open contempt, insult, and cruelty ; by others it was allowed to discharge the most weiglity functions of the government, and to exercise extensive patronage without question or interference; but, in every case, all distinctly understood and felt that they acted by permission only, and that they were, in fact, agents who were allowed a greater or smaller amount of discretionary power according to the convenience or caprice of their employer. In cases when an attempt was made to dethrone the reigning Emperor, or ^ 1 Clc. ad fam. XI. 1 XII. 21. art Att. II. 18. XV. 11. pro Flacc. 34. Val. Max. V. iii 2. iT*"?"' "*'■ ^" **"' abuses to which this prartice gave rise, see Cic. de leg. agr. L H i bee Dion Cass. LI. L^O. LIII. '2S. L VII 8 17. LX. i5. T.icit. Ann. XYL 22. THE SENATE UNDER THE EMPIKE. 223 when the succession was disputed, the position of the Senate was peculiarly painful and hazardous. Compelled to submit to the dictates of the chief, who, for the time being, was in military possession of the capital, the members were liable, upon each change of fortune, to be treated as rebels and traitors by the conqueror. Number of Senators iiiider the Empire. — We have Stated above (p. 78) that at the period of the first Census, held after the battle of Actium, there were one thousand Senators. Augustus reduced the number to six hundred ; ^ but we have no distinct information of what took place in this respect under subsequent Emperors, each of whom, in virtue of his Censoria Potestas^ drew up, at pleasure, lists of the Senate, admitting new members and excluding the unworthy. ^ Persons entitled to Summon and Consult the Senate. — As under the republic, the Senate might be summoned by the Consuls, Praetors, or Tribunes of the Plebs. When the Emperor was Consul he presided in that capacity ; at other times, when present, he occupied a Curule chair, placed between those of the two Consuls. ^ The Emperor, in virtue of his Trihunitia Potcstas, could at any time call a meeting, and even when not presiding, was allowed to originate a motion and submit it for deliberation. This privilege was eventually extended, so as to empower him to bring several distinct matters under consideration, and was termed Jus teriiae — quartae — quintae relationis. * Ordo Seuatorius. — This expression was used under the republic to denote the members of the Senate collectively ; but under the empire it seems to have included all the children of Senators and their direct descendants, who then formed a distinct and privileged class. The sons of Senators especially inherited a sort of nobility. As soon as they assumed the Tocja Virilis they were permitted to wear the Tunica Laticlavia, to be present as auditors at meetings of the Senate, and enjoyed various rights and exemptions, both military and civil, * many of which were shared by the Equites illustres^ of whom we have spoken above (p. 76.) Consilium Principis. — Augitstus employed the services of a committee composed of the Consuls, of one individual from each of the classes of higher magistrates, and of tifteen ordinary Senators chosen by lot, who acted for six months as his advisers, assisting him in preparing and maturing the measures ^vllich were afterwards to be submitted to tlie whole body of the Senate, and in the prosecution of judicial investigations. ^ The Consiliuvi Principis, as it was termed, gi-adually underwent very momentous changes, both in its constitution and in the extent of the powers which it exercised. The number of members was increased, individuals were admitted who were friends or personal attendants of the Emperor, but who had no connection with the Senate, ^ the most weighty questions of policy were discussed and finally decided by this privy council ; ana as early as the time of 1 Dion Cass LIV. 13 11 2 e.g. Dion Cass LIV. 13 14 LV. 3. Tacit. Ann. IV. 4C. Suet. Vesp. 9. » Plin. Epp II. 11. Dion Cass. LV. "\. * Tacit. Ann. IIL 17. Dion Cass. LIU. 32. LV. JG. O«ri'ol'n- M. Aurel. 6. Pertin. 5. L^mprid. Ale.x. Sev. 1. Vopisc. Prob. 12. S Dion Cass. LII. 31. LIU. 15. LIV. 26. Suet. Octav. 38. Digest. I. ix. 5—10. XXIIL ii 44 L i. 22. § 5. comp Tacit. Hist. II. 86. « Dion Cass. LIIL 21. Suet. Octav. 35. 7 The Amici et Comites Augusti, as they were styled, formed the personal staff of the Emperor, and were divided by Tiberius into three classes, according to their dignity (tri/ju» classibus factis pro dignitate cuiunque. Suet. Tib. 46.) In the jurists we find them frequently referred to as amici s. comites primi—secundi—tertii ordinis a. luci. 22i THE SENATE UNDER THE EMPIRE. Hadrian, it had usurped tlie most important functions of the legislature and the courts of justice. It did not, liowever, assume a I'Cgular and definite form until ttie reign of Diocletian, Avlicn it was established under the name of Consistorium Prmcipis^ and henceforward was fully recognized as au independent and powerful department of the government. ^ 1 Dion Cass. LVI. 28. 41. I-VII. 7. LX. 4. 81 Epp. VL 21. SpartiaD Hadr. 22. Suet Tib. 35. Ner. 15. Tit. 7. Flin. Panegjr. L iJctor. from an anciuut buQ relifii. CHAPTEH VII. ON THE PUBLIC LANDS AND THE AGRARLO LAWS. Ager Pnblicus was the general term for all lands which belonged in property to the state and not to private individuals. A domain of this description, the proceeds of which were applied to the public service, formed part of the Roman territory from the earliest times. ^ Originally it must have been very limited iu extent ; but as the Romans gi-adually subjugated Italy, they were in the habit of mulcting those tribes which resisted their arms of a considerable portion of their lands, and, in process of time acquired immense tracts. In this way, for example, the Hemici and the Privemates were deprived of two-thirda of their territory, (agri partes duae ademtae,)^ the Boii forfeited one half,* and, upon the recovery of Capua, after its revolt to Hannibal, the whole Ager Cam- panus^ the most fertile district in the peninsula, was confiscated. ^ A portion of the lands thus acquired was frequently sold by public auction, in order to provide flinds for the immediate wants of the state. The remainder was disposed of in different ways, according to its nature and condition ; for it might be, (1.) Arable, or meadow-land, or vineyards, or olive gardens, in a high state of cultivation. (2-) Land of good quality, capable of producmg the best crops, but which was lying waste and depopiilated in consequence of the ravages of war. (3.) Wild hill and forest pasture, of which there are vast districts in the mountainous regions of central and southern Italy, and also on some parts of the coast. (1.) The rich land in good condition was usually disposed of in three ways — If at no great distance from the city, or if not in an exposed situation, it was frequently made over (ussignatum) in small allotments, usually of seven jugers, to the poorer citizens, those chiefly who had acquii-ed a claim upon the state by long military sei-vice. If, on the other hand, it lay upon an exposed frontier, or in the midst of hostile tribes, a Coionia was established according to the policy already explained (see above, p. 88.) 1 Extended information on the subjects treated of !n this chapter will be found in the Prolusion of He.yne, entitled " Leges Agrariae pestiferae et execrabiles," contained in the fourth volume of his " Academica ;"' in the chapters of Niebuhr's Roman History, " On the Public Land and its Occupation " — "The Assignments of Land before the time of Sp. Cassius" — "The Agrarian Law of Sp. Cassius," and "The Licinian Rogations." Our most valuable ancient authority is Appian. B.C. 1.7. seqq. whom Niebuhr supposes to have here followed Posidoiiius. 2 Consisting, probably, chiefly of pasture land, and hence Pascua was the ancient term fo» the revenue of the state, from whatever source derived. See Plin. H.N. XVIII. 3. 3 Liv. XL 41, Vin. 1. 4 Liv. XXXVL 39. • Liv. XXVI. 16. Q 226 THE PUBLIC LAXDS AND THE AGRARIAN LAWS. In both of these cases the lands so assigned ceased to be Ager Puhlicus, and were made over in full property to the recipients, subject, in so far as colonies were concerned, to the conditions of the foundation charter (formula.) Lastly, land of this description was sometimes left in the hands of the subju- gated proprietors, who were, however, transformed from owners into mere tenants, who held the land on lease for a fixed period, and paid a fair rent to the Roman Exchequer for the fiirms which they occupied. ^ In this case the land remained the property of the state, and formed part of the Ager Publicus. (2.) (3.) It is manifest that the arrangements with regard to the lands which had been laid waste by the operations of war must have been of a very different description. Here the farm houses and buildmgs of every description would be in ruins, the population killed or dispersed, the vines and fruit trees cut down or destroyed, and not only much labour, but large capital would be required to render them again productive. In like manner, the wide ranges of wild pastiu-e land would be available to those only who were able to stock them with flocks and herds and to provide troops of slaves to attend and guard their property. Hence the state was in tlie habit, in the earlier ages at least, of inviting persons to enter upon the occupation of such districts npon very favourable terms, the paj-ment, viz. of one-tenth of the produce of corn lands, and one-fifth of the produce of vines and fruit trees, when the land should have been again brought under cultivation, and of a moderate sum per head for sheep and cattle grazing on tlie public pastures. These lands fell, as a matter of coui-se, in the earlier ages, into the hands of tlie Patricians exclusively, the only class possessed of capital, and afterwards the wealthy Plebeians also obtained a share. The persons who so occupied the lands were of coiu-se tenants of the state ; but they did not hold leases for a fixed period, but were tenants at will, (precario^) who kept possession so long as the state did not desire to apply the land to any other pui"pose, but who might be lawfully ejected whenever the state thought fit. On the one hand no length of occupancy could bestow a right of property upon the occupier, for it was a fundamental principle of Roman law, that prescription could not be pleaded against the state ; but, on the other hand, it does not appear that the state ever attempted to displace one occupier in order to make room for another occupier, but when it resumed possession it was for the purpose of applying the land to a different purpose. Hence, occupiers of the public lands, although liable to be dispossessed at any time by the state, might, and frequently did, retain possession of these lands for many generations ; and the right of occupancy might not only be transferred to an heir, but might be sold for a price, the pm-chaser taking into account, of course, the precarious nature of the title. A piece of land occupied in this manner was called Possessio, the occupier was called the Possessor, and he was said Possidere; the act of occupancy was Usus, the benefit derived by the state Friictus. Much of tlie obscurity connected with the Agi-arian Laws has arisen from a misapprehension of the viox&s possidere, possessor, possessio, which when used as technical legal terras, never denote an absolute right of property but merely occupancy by a tenant. ^ It will be seen, from wliat we have said above, that the tenants of the Ager Puhlicus were divided into two classes, which stood in a very different position. 1 fieo Appian B.C. I. 7. seqq. Some of the lands in Sicily were held according to this tenure, (Cic. in Verr. V. fi,) and it was very common in the provinces beyond the SPas » Fcst s.v. I'ossc'^in, p. 22:^. Cic de Off. II. 22. adv. RuU. III. 2.J. Liv. II. Gl. IV ,36 f,\ M VI. .5. U. 37. Epit. LVIII. Flor. Ill 13. Oros. V. 18. Mnndinum is the ok ^o'i for property, and is opposed to Usxa, the mere right of ocenpancy, as in the Lucretian Hue— Vitaque mancipio nulll datur omnibus usu. THE PUBLIC LAXDS XSD THE AGRARIAN LAWS. 227 1. Those who had entered upon farms in full cultivation, wlio lield leases for a limited period, and who paid a fair rent for the land. Such individuals might be either the original owiiers, or Roman citizens, or any persons whatsoever. They stood in the same relation to the state as an ordinary tenant to his landlord in modern tmies ; and if, at the termination of the lease, either party was dissatis- fied, the connection would terminate without the other having a right to complain. 2. Those who had entered upon the occupation of land lying waste and desolate in consequence of the ravages of war or from any other cause, who were bound, as the land was reclaimed, to pay to the state a certain moderate proportion of the produce, and who were tenants at will, upon an understanding, however, that they were not liable to be displaced in order to make room for another rent-paying tenant. The state resented to itself the power of resuming possession when it thought fit, and unquestionably had a legal right at any time to eject the tenant ; but it does not follow that this right could at all times be exercised with equity, especially after long occupation. Those who, in the first instance, had become the tenants of the state, had probably in most cases expended large sums in the erection of buildings, in the purchase of slaves and agricultural stocking, and in improvements of various descriptions. As the productiveness of the land was increased, tlie tax of one-tenth or one-fifth, as the case might be, would become less and less burdensome, and a very large reversion would accrue to the occupier, the result, in a great measm-e, of his own industry, skill, and capital. Here it is evident, that if the state, after allowing such occupants to remain in occupation for a lengthened period, and encouraging them to invest larger and larger sums in improvements, had suddenly required them to remove, without, at the same time, offering adequate compensation, it would have been guilty of gross injustice and bad faith. But this was not all. Land held in this manner being a source of great profit, the right of occupancy was, as we have mentioned above, fi'equently sold and transferred from one occupier to another for a large sum, and the validity of such sales and con- veyances was fully recognized by law. Hence, if the state, by allowing occupation to remain undisturbed for generations, had, as it were, permitted the precarious nature of tiie tenure to fall out of view, the purchaser who had paid a large sum for the right of occupancy would have naturally regarded the sudden resumption by the state as little better than an arbitrary confiscation of his fortune. The original occupiers of the public pastures were in a more favourable position, because here the capital was not sunk in buildings or in the improvement of the soil, but was laid out upon cattle and slaves, which were at all times sure of finding pm-chasers, although loss might be sustained by forced sales. Those, however, who had purchased the right of pasturing their stock upon a particular district would, as a matter of course, have lost the purchase money if called upon by the state to surrender their right soon after they had acquired it. Having thus explained the origin of the Ager Publicus and its occupation, we now proceed to consider the liCges Agrariac. — It is impossible to form a distinct idea of the Roman constitution unless we fully comprehend the nature and object of tlie laws so frequently mentioned by historians under this appellation — laws which were upon many occasions the source of furious and fatal discord. Their character was totally mistaken by scholars for many centuries after the revival of letters. It was universally believed that they were intended to prohibit Roman citizens from holding property in land above a certain amount, and for confiscating and dividing 228 THE ruBLic lands aot) tue agrarian laws. among the poorer members of tlie community the estates of private persons in so far as they exceeded the prescribed limits. Although the expediency of such a doctrine was never recognized in any M'ell regulated state, ancient or modern, although it is at variance both with the principles and practice of the Roman constitution, and although the expressions of ancient writers, when correctly interpreted, give no support to the supposition that such ideas were ever mooted, yet the opinions iirst broached with regard to the Agrarian Laws were received and transmitted by successive generations of learned men almost without suspicion, and the innumerable embarrassments and contradictions which they involved were overlooked or passed by in silence. It was not until the latter end of the last century, (1795,) amid the excitement caused by the wild schemes of tlie French revolutionary leaders, that Heyne first distinctly pointed out the real nature of these enactments. His views were almost immediately embraced by Ileeren, while the penetrating and vigorous Niebuhr quickly perceiving and appreciating their vast importance, brouglit all his vast learning and acuteness to bear upon the discussion, and succeeded so completely in developing and demonstrating the truth, that all are now astonished that the subject could have been so long and so grossly misunderstood. ^ The discovery, for such it must be regarded, thus happily made, may be enunciated in the following proposition — The Leges Agrariae of the Romans irere in no case intended to interfere ruith or affect jwivate property in land, but related exclusively to the Ager PUBLICUS. The Ager PuhUcus having been acquired and occupied as explained above, numerous abuses arose in process of time, especially among the tenants belonging to the second class. These being, as we have seen, in the earlier ages, exclusively Patricians, who, at the same time, monopolized the administration of public affairs, tliey were in the habit of defrauding the state, either by neglecting altogether to pay tlie stipulated proportion of tlie produce, or by paying less than was due, or,» finally, by claimmg what was in reality Ager Publicus as their own private property, it bemg easy, of course, in the absence of all strict superinten- dence and of scientific sui-veys, to shift the land-marks which separated public from private property. Meanwhile, the deficiencies in the public treasury were made up by heavier taxes; and the Plebeians complained that they were impoverished by new imposts, while the lands belonghig to tlie community, which they had acquired by their blood, if faWy managed, would yield a sufiScient return to meet all demands upon the Exchequer, or, if portioned out in allotments among themselves, afibrd tlicm the means of supporting the increased bm-dens. These complaints, unquestionably founded in justice, were soon vehemently expressed, and were revived from time to time more or less loudly and enforced more or less earnestly, according to the state of public feeling and the energy of the popular champions. It is true, that the wealthier Plebeians soon became tenants of the Ager Publicus as well as the Patricians ; but although this circumstance materially strengthened the hands of the occupiers, it did not improve the condition of the poor or make them less keenly alive to the injustice of the system against which they protested. Hence, from an early period in the commonwealth, Leges Agrariae were employed as most formidable and efficient weapons of offence by the Tribunes of the Plebs, and by the leaders of the democratic party. 1 Even Arnold, in his exceUent articles which appeared in the EncyclopsediaMetropolitana Bliout the year l«i7, proceeded upon the supposition that the laws of the Gracchi were liKnirtcd to limit private property. IJeCore pulilishini,' his history of Rome, however, which was printed about eleven years later, he had fully adopted the views of Ueyne and Niebuhr. THE PUBY,1C LAXDS AND THE AGRARLVN LAWS 229 According to our definition, the term Lex Agrar'm will inclnde any enactment with regard to the disposal of the Ager Publicus; but it was usually employed to denote, (1.) Those measures which had for their object a reform in management of the public lands, by enforcing the regular payment of rent on the part of the occupiers, prohibiting them from occupying more than a certain extent, demanding the surrender of portions and dividing these in small allotments among the poorer citizens ; and, (2.) Those which were intended to prevent the occupation of newly accquired territory, by insisting upon its immediate application to the establishment of colonies or its distribution to individuals {yiritim.) It is manifest that Agrarian Laws, belonging to the first class, were those which would give rise to the most bitter contests, because they would more nearly afi'ect existing interests. The first Agrarian Law upon record was the Lex Cassia, proposed and passed by Sp. Cassias Viscellinus when Consul, B.C. 486, {turn primiim Lex Agraria ■ promulgata est, nunquam deinde usque ad hanc viemoriam sine maximis moti- bus rerum agitata.) Cassias was a Patrician, and the measare must, in all probability, have originated in some intestine feud among the dominant class. His opponents proved too strong for him ; for as soon as he laid down his office he was impeached of treason and put to death, while his law, regarding the provisions of which we have no precise information, seems not to have been enforced. ^ AYe hear no more of Agrarian Laws, until the years B.C. 42-1,- 417, 416,^ when much agitation prevailed on the subject, but witliout any marked result. By far the most important measure of this class was the Lex Licinia, carried, after a protracted sti'uggle, by C. Licinius Stolo, in B.C. 367, * which served as the foundation of almost all later Agrarian Laws. The chief provisions \\ere — 1 . That no one should occupy more than five hundred jugers of the Ager Publicus (ne quis plus D. iugera agri possideret.) ^ 2. That no one shoald have more than a hundi-ed large and five hundred small cattle grazing upon the public pastures. ® 3. That each occupant of the Ager Publicus shoiild employ a certain proportion of free labourers in cultivating it. ' The enforcement of these regulations seems to have been intrusted to the Plebeian Aediles, whom we find, on several occasions, prosecuting and fining those who had transgressed ; ^ one of the first convictions under the new law being that of C. Licinius Stolo himself who had, by a legal fraud, obtained possession of one thousand jugers, and was, in consequence, sentenced to pay ten thousand asses. ' In addition to these fiindamental provisions, the law would doubtless contain regulations for ascertaining correctly the boimdaries of the Ager Publicus and private property, for the regular payment of rent to the state on the part of the occupants, and for ascertaining the amount to be paid in each case. Niebuhr has endeavoured to reproduce the law in full ; but in descending to details, we 1 Liv. II. 41. Dionys. VIII. 761 2 Liv. IV. 3fi. As;ri piihlici dimdendi colnniarumijite di>ducendarum spe^ o^frntofar. 3 Liv. IV. 47. 4S. Discnrdla domi e~ agriiriis tet^ibun fait et quum (Triljuni) legem promuJgasxent ut ager ex hostihus captus virilim aividerelur, fic. 4 Liv. VI. 42. « Liv. VI. 35. 6 Appian. B.C. I. 7. 8. T Appian. 1 c. 8 e.g. Liv. X. 13. 23. 47. XXXIIL 42. XXXV. 10. Ovid. Fast. V. 2Sa f Liv. VIL IC. 230 THE PUBLIC LAM)S AND TUE AGRARIAN LAWS. nave little to guide us beyond- conjecture. (See Niebuhr's Eoman History, Vol. III. p. 11. Engl, trans.) For upwards of two centuries after the passing of the Lex Licinia no attempt was made to interfere with the actual occupants of the Ager Puhlicus. Mean- while immense additions had been made to the domains of the commonwealth dm-ing the contests which terminated in the subjugation of all Italy, and, during the second Punic war, by the confiscations of lands belonging to those states which had revolted to Hannibal. Large portions of the territory thus acquired had, it is true, been assigned to the faithfid allies of Kome, had been disposed of in the foundation of colonies, and made over to the veterans of Scipio, but, at the same time, vast tracts had been retained as Ager Puhlicus; and no division among the poorer citizens individually (virithn) had taken place since the Lex Agraria passed, greatly to the disgust of the Senate, by C. Flaminius when Tribune of the Plebs, (B.C. 233,) in terms of which the lands conquered from the Senones, south of Ariminum, had been portioned out in small lots ; and hence the district received the name of Ager Gallicus Romaniis. ' Moreover, although the Lex Licinia had never been repealed, the most important provisions had been violated. A large number of the wealthier families had gradually become occupiers, many of them, doubtless, by purchase and inheritance, of an extent far beyond five hundred jugers, their flocks and herds grazing on the public pastures greatly exceeded the lawful number, and the free agricultm-al labourers had been almost entirely superseded by slaves, - who, especially after the conquest of Macedonia, could be obtained at a very low price. On the other hand, the estates of small proprietors had been almost all swallowed up by the rich landholders, and the number of the poor was everywhere increasing. It was to arrest the downward progress of the humbler classes, and to remedy the abuses by which it had been caused that Tiberius Gracchus introduced his celebrated Lex Sempronia Agraria^ the declared object of Avhich was to revive, under a modified form, the ancient Lex Licinia. It proposed that no single individual should occupy more than five hundred jugers of the Ager Puhlicus, but that a fother should be allowed a fiuther amount of two hundred and fifty jugers for each of his sons, not exceeding two, so that no one should hold for himself and fiimily more than one thousand jugers ; that the surplus remaining over after this new adjustment had taken place should be divided among the poorer citizens, and that funds should be advanced to them out of the treasures bequeathed by Attains sufficient to enable them to stock their allotments. It is evident, from what has been said above, (see p. 226,) that a sweeping change of this nature suddenly introduced, although containing clauses providing for compensation in certain cases, would entail iieavy loss on a large class of persons, and would, in many instances, amount to a confiscation of property. Hence, the bill was met by the most violent opposition ; but it was passed notwithstanding, and a standing commission appointed to carry it into effect. The difficulties and obstinate opposition encountered at every step rendered the progi-ess of this body very slow; and the reader of history is well aware, that tliis and all the other enactments of Tiberiua GracchiLS and his brother were set aside or eluded after the death of the latter. ^ In the civil strife which preceded the final dissolution of tlie commonwealth, 1 Cic. Brut 14. Acad. IL s. De Inv. XL 17. V.il. Max. V. iv. 5. Varro R. R. I. 2. PoWb. 11. 21. •' 2 See on this point Plut. Tib. Gracch. 8. 3 Plut. Tib Gracch. 3 seqq. I.iv. Kpit. LVIII. Velleius II. 2. Appian. B.C. I. 9. Clc. pro Sext 48. Victor de vir. ill CI. THE PUBLIC LANDS AND THE AGEAELA.N LAWS. 231 a very large portion of the public lands in Italy were alienated from the state and made over, by the establishment of military colonies, to the soldiers of the great commanders — Sulla, Pompeius, Julius Caesar, and the Triumvirs. A considerable quantity, however, still remained up to the time of Vespasian, by whom assign- ments in Samnium were made to his veterans, and the little that was left was disposed of by Domitian, after whose reign the state possessed scarcely any property in land in Italy. In addition to the Lex Cassia — Lex Licinia — Lex Flaminia, and Lex Sempronia, which have been adverted to in the above sketch, the following Leges Agrariae deserve notice . — Lex thoria, passed by Sp. Thorius, Tribune of the Plebs, B.C. 107. The object of this law, as flir as we can gather from Appian, was to prohibit any farther distribution of land under the Lex Sempronia, and to ordain that the rents paid by the occupiers, Avho were to be left in undisturbed possession, should, in all time coming, be divided among the poorer citizens instead of being made over to the public Exchequer. ^ Lex Appuleia, passed by L. Appnleins Saturninus when Tribune of the Plebs, B.C. 100. This was the law to which Q. Metellus Nuraidicus refused to swear obedience, and was, in consequence, forced to go into exile. ^ Lex Servilia, proposed by P. Servilius Padlus, Tribune of the Plebs, B C. 63, for the division of the Ager Campanus, and strenuously opposed by Cicero, in conseqiience of wliose exertions it was thrown out. The speeches delivered against this law throw much light upon various topics connected with the Ager Publicus. ^ Lex Julia, passed by Julius Caesar during his Consulship, B.C. 59, in terms of which the Ager Campanus was distributed among twenty thousand citizens. It would appear that this territory was not occupied by large holders, but was portioned out in a number of small farms, and the holders of these were probably tenants belonging to the class described above (see p. 226.) Hence, there was no tumultuous opposition to this mcasm-e. The chief objection was the impolicy of depriving the state of the large revenue derived from this region which is described by Cicero as — Caput vestrae pecuniae, pads orname?itum, suhsiiUum belli, fundamenium vectigalium, Jiorreum legionum, solatium annonae (De leg. agr. il. 29.) * 1 Appian. B.C. L 27. We have taken it for granted that the true reading in this passage is ©o^iof and not Bsj/o;. See also Cic. Brut. 36. De Orat. IL 70. JLiv. Epit. LXIX. Cic. pro Sest. 16. 47. Victor de vir. ill. 62. Appian. B.C. L 29. 3 See the speeches of Cicero against Rullus passim ; also in Pison 2. 4 Cic. ad Att. ir. Hi. 18. adFam. XIIL 4. Liv. Epit. CIIL Velleius 11. 44. Suet. Caes. 2a Appian. B.C. IL 10. Plut. Cat. min. 31. CHAPTER VIII. THE ROJIAN REVENUES. DiflTcrcnt Words signifying Revenue. — Pascua — Vectigalia — Puhlicnm — are the terms employed to denote generally the Revenues of Rome, from what- ever source derived. Paxcua, i.e. Pasture lands, si^ifici Revenue ; because, in the earliest ages, the public income was derived solely from the rent of pastures belonging to the state. Thus Pliny declares — Etiam nunc in Tdbulis Censoriis Pascua dicuntur omnia ex quihus Populus reditus hahet, quia diu hoc solum Vectigal fuerat.^ Vectigal is the word used more frequently than any other to denote the Revenue of the state generally. It is probably connected etymologically with Vcho, and may be regarded as equivalent to the Greek (po^o;, which bears the same meaning. Publicum, in its widest acceptation, comprehended every thing which belonged to the community at large, and hence included not only the domain lands, their produce, and the Exchequer, but also roads, bridges, and public buildings of all descriptions. In a more limited sense, it signified Revenue, the word Vectigal being, in this case, understood. Indeed, the ellipse is some- times supplied, as when Cicero says — Diognotus, qui ex publicis vectigalibus tanta lucra fncit. ' Sources of the Roman ReTcnnc. — The Roman Revenues were derived partly from lands, mines, and other property held by the state, partly from taxes paid by Roman citizens and by the subjects of Rome. Those subject states who paid a fixed sum in money were styled Sdpendiarii, * those who paid a propor- tion of the produce of tlieir soil, Vectigales ; and the latter were regarded as occupying a more favourable position than tlie former. The terms, however, are frequently used indiflerently, and, in point of fact, the provincials, in many cases, paid a portion of their taxes according to one system, and a portion according to the other. Revenue tlcrived from T^antl. — The Revenue derived from land was of two kinds, according as the land was the property of the state, (Ager Publicus, see last chapter,) and the occupiers merely tenants at will or upon leases of limited duration, or w:Vs the absolute property of the occupiers, subject to certain burdens 1 The chief ancient authorities on the Roman Revenues will bo found collerted and arranged in the treatise by Peter Uurman, entitled, Vectigalta Populi Jiomani, 4to. Leid. 1 73). 2 I'lin. H.N. XVIIL 3. 3 Cic in Verr. III. .'J8. 4 Itnpo'i/um Vectiijal ett certum ifund stipend inrium dicitur, ut Hispanic etplerimiie Poennmm, miati rinliiri.ie praemium an poena belli. Cic. in Verr. III. 6. comp. IV. (>(). Div. in Q.C. 3k de I'roT Cons. 5. de Icgg. III. 18. pro Balb. 18. Liv. XXIV. 47. XXXVII. 65. Caes. B. G, L 44. VIL 10. THE EOMAN REVENUES. 233 in favour of the state. In the former case, the Eevenue received was, in the strictest sense, a rent paid by a tenant to his landlord, in the latter case, it was •what we now term a land-tax. By far the larger portion of the public Eevenue derived from land in Italy during the commonwealth proceeded from Ager Publicus, and was therefore rent. In the Provinces beyond the seas, on the other hand, Sicily, Sardinia, Africa, Macedonia, Asia, and others, the inhabitants were, for the most part, left in possession of their lands, but were required to pay a fixed sum in money or a certain proportion of the produce of the soil. The amount so paid would of course vary according to the circumstances of each particular Pro^^nce and of each district ; and we are acquainted with the details in a very few cases only. Rome, however, unquestionably possessed Ager Publicus in the Provinces as well as in Italy. Thus, we are told by Cicero that Sicily was the most fiivoured of all the Provinces ; for when it had passed into the hands of the Eomans, the inhabitants paid them no more than they had previously paid to their own kings and rulers. But although this applied to Sicily generally, a few states were in a worse position — Perpaucae Siciliae civitates sunt hello suhactae quorum ager cum esset puhlicus P. R. factus tamen illis est redditus. Is ager a censoribus locari solet. -^ In this case, although the ancient proprietors were allowed to remain on their estates, they were QO longer proprietors, but tenants, who held upon short leases, and paid a full rent for the land which they occupied, and which the state might take from them at any time and dispose of at pleasure (p. 5^26.) So also many of the larger cities in the Provinces possessed, previous to their subjugation by the Romans, Ager Publicus of their own, which in certain cases they would be permitted to retain, while in others it would be transferred to their conquerors. This being premised, the Revenue derived from land, under whatever tenure _jt might be held, was divided into two heads, according as it was received from cultivated or uncultivated land. In the former case it was termed Decumae, in the latter, Scriptura. Dcciiinae. — We have already pointed out (p. 226) that the occupiers of the Ager Publicus in Italy, who were tenants at will, paid to the state one- tenth of the produce of the arable lands. This was the proportion paid by the proprietors of estates in Sicily in the shape of land-tax, ^ and this was the amount of land-tax in Sardinia also ; for we are expressly told that Ctesar punished the Sulcitani in that island by ordering them to pay an eighth instead of a tithe (etpro decumis octavas pendere iussi.)^ The tithe being therefore the ordinary amount levied in Italy and in the Provinces first subdued, was used as the general term to denote the proportion of the produce of arable land paid to the state in the shape of rent or of land-tax, whatever that proportion might be in reality. Thus, altliough vineyards and oliveyards usually paid a fifth, this was included under the designation of Decumae ; and Cicero, when enumerating the various extortions connived at by Verres, uses such phrases as the following — Quid? Amestraiini miseri, impositis ita magnts decumis, ut ipsis reliqui nihil Jieret, nonne, &c. * A great mass of curious information with regard to the working of the tithe system in Sicily, in all its details, will be found embodied in the third oration of the second action agamst Verres, the whole of that division of the speech being devoted to this subject. The occupiers of the public landa 1 Cic. in Verr. III. 6. 2 Cic. in Verr. III. 6. 8. et passim. S Hist, de bello Afr. cap. ult. * Cic. in Verr. IIL 3U, 234 THE ROMAN KEVENUES. who paid Decumae are usually termed Aratores, and as such are opposed to tho Pecuarii or Pasiores, to be mentioned in the next paragraph. i^criptiira. — In addition to the arable lands tiom which Decumae were exacted, the state possessed vast tracts of wild woody and mountain pasture (silvae — saltns — pascua — pastiones) in various parts of Italy, especially in Samnium and Lucania, to which sheep and cattle were driven in summer from the hot plains on the sea coast, (grcges ovhmi longe abiguntur ex Apulia in Samnium aestii-atum,) ^ a system still followed, and indeed rendered necessary by the climate and natural features of the country. Those who turned out their flocks and herds on the public pastures were termed Pecuarii - or Pastores^ and were obliged to make a declaration to the Collector of Revenue for the district {ad Puhlicanum projiteri) of the number, wliich was written down in a register kept for the purpose, and hence the money levied was called Scri2}tura, and the laud itself Ager Scripturarius ^ {Scriplurarius ager publicus appellaiur^ in quo ut pecora pascantar^ cerium aes est: quia Puhlicanus scrihendo conjicit rationem cum pastore.} If any one Avas detected in turning out cattle not registered (d inscriptum pecus paverint)^ he was liable to be prosecuted by the Collector of the Revenue ; but a fraud of this description must be distinguished from a violation of the Lex Licinia, committed when an individual turned out a greater number of sheep and oxen upon the public pastures than the provisions of that law allowed to any one individual (p. 229.) The Plebeian Aediles are generally mentioned as the persons who instituted proceedings against trans- gressors of the statute (p. 158.) There were public pastures in Sicily also, in Asia, in Africa, and doubtless in nearly all the provinces. ^ Mctnlla, &c. — In addition to the income derived from Decumae and Scrip- tura, large sums Avcre obtained from mines, (jnelalla,) including minerals of every description, which, together with the timber and other productions of the public forests, may be classed under the head of Ager Publicus. An ancient decree of the Senate forbade the working of mines in Italy ; but mines of gold, silver, copper, iron, lead, and cinnabar, the property of the state, were worked with great profit in the Provinces, especially in Spain, which was above all other countries rich in mineral wealth, (Metalla auri — argenti — aeris — ferri — plumbi — miidi; fodinae aurariae — argentariae — ferrariae — miniariae; auri- fodinae — argenti/odinae.} " In like manner, Revenue was obtained from stone quarries, {lapicidinae,) especially the grindstone quarries of Crete, {Cotoriae,) ' from chalk-pits, (crctifodinae,) ^ and, above all, from salt-works, (salinae,) which were turned to advantage from a very early period. ^ The Revenue derived from tlie value of the salt itself must be distinguished from tiie tax upon salt, {yecligal ex salaria aimona,) instituted by the Censors C. Claudius and M. Livius, ^0 (B.C. 201,) and we may perhaps infer, from a passage in Livy, " that the sale of salt under the republic was a government monopoly. 1 Varro R. R. II 1. Hor. Epod. I. 27. 2 Liv. X. 23. -IT. XXX HI. 42. XXXV. 10. 3 Kc'st, 8.V. Saltum, p. 3U2. s.v. Scriidumrius, p. 333. Lucil. fragm. lib. XXVL Plaut True I. ii. 41. Beqq. 4 Varro I.e. fi (Uc. in Verr. IT. 2. pro leg. Mnnil. 6. ad Fam. XIII. 6-5. Plin. H.N. XIX. 3. 15. « Plin. UN. XXXin. 4 7. XXXIV. 10. 17. XXXVII. 13. Liv. XXXIV. 21. XXX.IX. 2t. XLV. IK. iO. Strab. HI. p. IKi. ' lJi(?CKt. XXXIX. iv. 1.5 8 DiKcst. Vll i l.-j. XXIV. iii. 7. 9 Plin. H.N. XXXL 7. Liv. I. 33. Cic. pro leg. Man. 7. I'l I.lv. XXIX. 37. liLiv. H.9. THE ROMAN KEVTNUES. 235 Finally, under this head we may class the money raised from the sale of timber and from the tar works (picariae) in the public forests. ^ Portoria. — The export and import dues levied at the various seaports in Italy and the Provinces formed another very important branch of Revenue. AVe hear of the existence of Portoria during the regal period, and of their temporary abolition by Publicola. - The amount of the Portoria was augmented as the empire itself extended, both by the vast increase of the foreign trade of Italy, and also by the duties levied in other countries, which were appropriated by the Roman treasury when the countries themselves were subjugated. ^ Q. Caecilius Metellus Ncpos, when Praetor, (B.C. 60,) passed a law abolishing Portoria in Italy ; * but they were revived by Caesar, ^ and continued by succeeding emperors. ® Burman has pointed out that the term Portorium, although properly denoting what we call Customs^ was sometimes apphed to a toll paid on crossing a bridge, and also to transit dues for goods merely passing through a country. ' It cannot be doubted that both the articles subject to duty and the amount of the duty must have varied for different places and for different periods ; but upon these points we are almost totally destitute of mformation. It would appear that at Syracuse, in the time of Cicero, the Portoria were an ad valorem duty of five per cent. ^ Under the empire, the ordinary tax upon articles imported into Italy seems to have been two and a-half per cent, ad valorem ; ® and this is probably what Suetonius terms Publicum Quadragesimae. i° The Portoria, Decumae, and Scriptura formed the three chief sources of Revenue during the most flourishing period of the repubhc, and as such, aie classed together by Cicero — Ita neque ex portu, ncque ex decumis, veque ex scriptura vectigal conservari potest saepe totius anni fructus uno rumore pericuU, atque uno belli terrore, amittitur (Pro. leg. Man. 6.) Xribuium was a ^property tax, being a per centage levied upon the fortune of each Roman citizen, as rated in the ijooks of the Censors. The sum raised in this manner does not appear to have been considerable until the practice of granting pay to the troops was introduced. From this time forward the proceeds of the Tributum were chiefly, if not altogether, applied to make provision for the aes militare and other expenses of war. ^^ It was paid by all citizens who were censi, Patricians and Plebeians alike. ^^ We find, indeed, on one occasion, a claim for exemption preferred by the pontiffs iiad augurs, but it Avas not allowed. ^' The amount raised annually varied according to the demands of the public service, and was fixed by the Senate, who were said indicere tributum, while the people correlatively were said conferre tributum. Since the amount requu-ed varied from year to year, the rate per cent, must, in like manner, have varied ; and we cannot feel certain that property of every description was rated equally. It is stated that Cato, whose Censorship (B.C. 184) was marked 1 Cic. Brut. 22. Digest. L. xvi. 1". Vectigal salinarum, metallorum et picariarum. 2 Liv. II. 9. Dionv3. V. 22. 5 Liv. XXXII. 7. XL. 51. Velleius II. 6. Cic. in Verr 72—7.'). de leg. ligr. 11. 29. 4 Cic. ad Att. IL 16. comp. ad Q. F. I. 1. Dion Cass. XXXVII. 51. 6 Suet. Caes. 43. « Dion Cass. XLVIIL 34. Tacit. Ann. XIII. 51. 7 Senec. de const, sap. H. Plin. H.N. XII. 14. Sueton. Vitell. U. 8 Cic. in Verr. 11. 75. 9 Quintil. declam. 3.59. 10 Sueton. Vesp. I. comp. Symmach. Epp. V. 62. 63. ULiv. IV. 60. V. 10. VL 32. 12 Liv. IV. 60. The relaxation mentioned in Liv. II. 9. does not appear to have been per. manent. 13 Liv. XXXIU. 43. 236 THE ROJrAN KEVENUE3. bv singular severity, taxed certain articles of luxury at l-30th per cent, on a greatly exaggerated valuation. ^ Trihutum seems to have been regularly levied from the institution of the Census by Servius Tullius^ until the triumph of Aemilius Paulus, in B.C. 167, after the complete subjugation of Macedonia, when such vast sums were poured into the Roman treasury that this tax was abolished as no longer necessary (Omvi Macedonum gaza. quae f nit maxima, politus est Paulus: tantum in aerarium pecuniae invexit, ut unius imjyeratoris praeda Jinem attulcrit tribu- torum.) ' This immunity continued for one hundred aud twenty-four years ; but in the Consulship of Hirtius and Pansa, (B.C. 43,) a few months only after Cicero vfrote the paragrapli quoted above, the impoverished state of the exchequer rendered it necessary to reimpose the Trihutum, which was regularly levied under the empire. * I Although Trihutum, in the restricted sense of the word, was paid by Roman \\ citizens alone, a tax of the same nature, and sometimes designated by the same ' ' name, was levied in the Provinces also. Thus, we are told by Cicero, that in Sicily — Omnes Siculi ex censu quotannis tributa coiiferunt;^ we hear from the same authority of a poll tax in the Province of Cilicia, which included part of Phrygia, (audivimus nildl aliud nisi imperata iTriKs^dhict solvi nou posse,) ^ and Appian, ^ who flourished under Hadrian, informs us that in his time the Syrians and Cilicians paid a poll tax annually, amounting to one per cent, on the property of each indiridual ; but that the impost on the Jews was heavier in consequence of tlieir frequent rebellions. Anotlier tax, dating from an early period of the commonwealth, was the — Tigcsima SEaiiumissionum — a duty of five per cent, on the value of manumitted slaves. This tax was instituted B.C. 357, imder very extraordinary circumstances, the law by which it was imposed having been passed, not in the Comitia at Home, but in the camp at Sutrium. ^ This is the tax spoken of by Cicero when he says — Portoriis Italiae suhlatis, agro Campano diviso, quod vectigal superest domesticum, j)raeter vicesimam?^ and it appears to have con- tinued vithout change until the reign of Caracalla, (A.D. 211 — 217,) by whom it was raised to ten per cent. ; Qlccima rnanumissionum ;) but his immediate successor Macrinus reduced it to the original rate. ^° The money realised from this source was termed Aurum Vicesimariuvi, and in the earlier ages of the republic was hoarded, "iVt sanctiore aerario,'''' to meet extraordinary eiViergencies. '^ The charges entailed by the large standing armies maintained under the empire, and the bounties paid to soldiers on their discharge, taken in connection with the rapid diminution of tlie Kevenue derived from the Ager Puhlicus in Italy, rendered tiie imposition of new taxes inevitable. The most remarkable of these were — Tecii$;al Keriim Vciinlium. — This was introduced after the civil wars, and consisted of a per centage levied upon all commodities sold by auction or in 1 Liv. XXXIX. 44. 2 Dionvs. IV. l.V 19. 3 Cia de Off. II. 22. and so also Plin. H.N. XXXIII. 3. 4 Pint Arm. Paul. 38. Cic. ad Fam. XII. 30. Philipp. II. 37. 5 Cic in Verr. 11. 53 and following chapters. 6 Cic. ad Att. V. IG. comp. ad Fam. III. 8. 7 Appian. de rebus Syr. 50. e Liv. VII. IG. Ab alleru cnn.mlf nihil mfmorahile gextum : nisi qitod legem, novo exemplo si Sutriutn in cnttrii trihiUiin de vicesima eorum, gui manumitterentur, tulit. i> Cic. ad Att. II. 16. 10 Uion Cass. LXXVII. 9. LXXVIII. 12. U Liv. XXVU. 10. THE EOMAN RE^'E^'UES. 237 open market. It was originally one per cent, upon the price (centesima rerum venalium.) Tiberius, soon after his accession to the throne, was earnestly solicited to abolish this tax ; but he refused upon the plea — militare aerarium eo subsidio niti. Two years afterwards, however, (A.D. 17,) when Cappadocia was reduced to a Province, he lowered the duty to one half per cent. (ducentesimam in posterum statuit ;) but in A.D. 31 he found it necessary to return to the centesima, which was finally abolished by Caligula in A.D. 38, a concession commemorated upon the small brass coins of that emperor by the letters E.CC. (remissis centesiims,) as may be seen in the annexed cut. ^ Tectigal Mancipioruiii Venalium — The last mentioned tax did not apply to the sale of slaves, upon the price of whom Augustus levied a duty of two per cent, (quinquagesima,) which he applied to militaiy purposes and to the payment of night watchmen. This two per cent, had been augmented to four per cent, before the second Consulship of Nero, (A.D. .56,) by whom it was at that time modified in so far that he made it payable by the seller and not by the buyer ( Vectigal quoque quintae et vicesimae venalium mancipiorum remissum, specie magis quam vi, ^c.) ^ Vigesima iiereditatinm. — ^Instituted by Augustus A.D. 6. It was, as the name implies, a tax of five per cent, on successions and legacies, none being exempt except very near relations, (xX'itium. — Among the various new taxes (vectigalia nova et inauditd) imposed by Caligula, was a duty of two and a-half per ceut. on the amount in dispute in all suits at law (pro litihus atque iudiciis, ubicumque conceptis, quadragesima summae de qua litigaretur.') ^ This was probably the tax whose abolition is commem- orated, on large brasses of Galba, by the legend R. XL. or REiUSSAE XXXX. or QuAD- RAGENS. ReMISSAE. What the Quadragesima and Quinqua- gesima, repealed by Nero may have been we have no means of deciding ; but the words of the historian, who records their abolition, seem to imply that they were illegal exactions. ' 1 The chief authorities regarding the Centesima are, Tacit. Ann. I. 78. II. 42. Dion Cass. LVIII. 16. LIX. 9. Suet. Cal. 16. 2 Dion Cass. LV. 31. Tacit. Ann. XIII. 31. 3 Dion Cass. LV. 25. Suet. Octav. 49. 4 Dion Cass. LVI. 28. s Plin. Paneg. 36. Dion Cass. LXXVII. 9. LXXVIIt 12. comp. Ulpian. in coliat. leg. Mos. tit. XVI. §ult. 6 Suet. Cal. 40 1 Tacit. Ann. XUL 51. , 238 THE ROMAN REVENUES. ITIodc of Collecting the Revenue — Tiie Roman Revenue was, for the most part, not collected directly, but the ditfcient taxes in Italy and in the Provinces ■were farmed out, tliat is, were let upon lease to contractors, who undertook, at their own risk and cost, to levy the dues, and to pay a fixed sum annually into the treasury. The persons who entered into these contracts with the state were regarded as forming a distinct class, (o?y7o,) and were all comprehended under the general name of Fcblicaxi ; {quia publico fruuntur •) but those who farmed particular taxes were frequently distinguished by a title derived from the impost in which they were specially interested, and thus the terms Decumani, Scriptiirarii^ and Portitores^ are applied to the lessees of the Decumae^ Scripiura, and Portoria; the .persons from whom these taxes were collected being respectively the Aratores, Pccna7-ii, and Mercatores. Occasionally also, the contractors who farmed the taxes of a particular district or Pro^■ince were named from tlic country in question, and hence Asiani is used by Cicero to denote the Puhlicani who farmed the Revenues of the Roman Province of Asia. " The state, in granting the lease, was said locare vectlgalia, and the process was called locatio ; those who took the lease were said condiiccre or rcdlmere, and hence redcmtores, which is a general term for contractors of any kind, is sometimes employed as synonymous with Puhlicani, To farm the Revenues, or even a portion of the Revenues, of a large Province, required an immense establishment of slaves and subordinates of every kind, as well as vast warehouses for storing, and fleets of merchantmen for transporting from place to place, the produce collected. An enterprise of this magnitude was oI)vio«siy beyond the means of any private individual, however wealtliy, and was always undertaken by joint stock companies, which were called societates, the partners being termed socii. The Puhlicani had become a body of importance as early as the second Punic war, ^ and their numbers, wealth, and influence increased with the extension of the Roman empire and the increase of its Revenue. The societates, during the last centmy of the republic and under the early emperors, * were composed chiefly of members of the Equestrian order, who, as we have already explained, (p. 74,) were in reality the class of monied men. In fact, the Equites, as a body, may be said to have had a monopoly of this department of mercantile speculation ; and in all matters relating to the collec- tion of the public revenue Equites and Puhlicani became convertible terms. Although the Romans looked Mith little respect upon traffic conducted upon a small scale, the Puhlicani were always treated with great respect ; and by (Jicero, wjio, however, had a special object in view, they are complimented in the most high flown language — Flos enim eqjiitum Romanoriim, ornamentnm riviiatis, firmamentiim reipuhlicae, Puhlicanonnn ordine conti7ietur ; (Pro. Plane. 9 ;) and it would appear that among the diff'erent classes of Puhlicani the farmers of the Decumac lield the most honourable place — Decumani, hoc est, principes et quasi Senatores puhlicanorum (In. Verr. II. 71.) The duty of letting the different branches of the Revenue to the Puhlicani devolved, as we have seen, Qd. 1G9,) on the Censors, and hence these leases 1 It is doubtful, however, whether the word Pnrli/nr is not confined to the persons in the nniploymciit of those Puljlicaui wlio farmed the I'ortoiia, to the tide-waiters, namely, who wiitchcd the vessels as they loaded and discharged, and exacted the duties, sec Non. s.v. JnrlilnrcK. p. 15 ed GerL : Cic. ad Att L 17. 3 Uv, XXIII IS. 4!). * Tacit Ann. IV. 6. THE ROMAN KEVEXUES. 239 •were generally for a period of five years. The locallo of the taxes for all the Provinces, except Sicily, ^ took place in the forum, by public auction ; the upset price was augmented by the bidding (licitatione) of the competitors, the person who offered the advance holding up his finger, hence the pln-ases tollere digitum — digito liceri. ^ Sometimes, led away by the ardour of competition, a sum was offered beyond the real value of the tax ; and we find examples of the Puhlicani petitioning the Senate to cancel, or at least modify, the terms of the bargain (^Asiani^ qui de Censoribus conduxerant, questl simt hi Senaiu, se cupiditate prolapses^ nimiiim magna conduxisse : ut iiiduceretur locatio postu- lavenmt. ^ Each Societas had a chairman or president called Manceps, * who conducted the bidding at these auctions, (hence tenned auctor emptionis,') and who gave security to the state for the due performance of the conditions of the sale and the terais of the contract, ^ which, from being drawn up by the Censors, were called Leges Censoriae. In addition to the Manceps, each Societas had a Manager styled Magister Societatis, ^ a business man, who generally remained at Rome, kept the accounts, conducted the correspondence, and exercised a general super- intendence over the affairs of the company. Under his immediate control were a number of oflScials, who took charge of different departments, and these inspectors were said dai-e operas pro magistro or esse in operis societatis ; hence we find in Cicero such expressions as the folloAving — P. Terentius, mens necessarius^ operas in porta et scriptura Asiae piro magistro dedit: — In maiorem modum a te peto, Cn. Papiu7n, qui est in operis cius societatis, tueare, curesque ut eius operas quam gratissimae sint sociis — Canuleius vera, qui in portu Syru- cusis operas dahat, ' &c. Although nearly the whole of the Roman Revenue was collected according to the system described above, the__2jdhldumj_jiai(\. by Roman citizens, formed an exc e ption. This tax was originally applied to the payment of tirc~anny, (aes militare^ and was, it would seem, levied by persons entitled Tribuni aerarii, by whom it Avas disbursed to the soldiers, without passing through the public treasury. Every thing, however, connected with these Tribuni acrarii is involved in the greatest obscurity and doubt. ^ Total Kcvcimc. — It has been stated, on the authority of Plutarch, (Pomp. 45,) that the total amount of the income of the state, from eveiy source, was, before the conquests of Pompeius in the east, 200 millions of Sesterces, and that it was increased by him to 340 millions, the former sum being equivalent, in round numbers, to £1,600,000 sterling, the latter to £2,800,000. But it is scarcely possible to believe that either of these sums would have been sufficient to cover the expenditure of the commonwealth at tliat epoch ; and it will be seen, upon referring to the original, that the words of the biographer do not necessarily imply that he comprehended the whole revenue derived by Rome from all her 1 The taxes of Sicily were let in the island itself. Cic. in Verr. II. 3. 64. 2 See Cic. in Verr. I. 54. III. 11. 3 Cic. ad Att. I. 17. 4 Paul Uiac. s.v. Manceps, p. 151. Pseud. Ascon. in Cic. div. in Q. C. 10. says — Mancipes, pul/}ica7iorum priocipes, and hence Mnncipes is sometimes used as equivalent to Publicani. 6 Varro L. L. V. § 40. Ascon. ad Cic. in Verr. I. 54. Polyb.. VI. 15. 6 e.g. Cn. Plancius, egues Rmnanus, princeps inter suos, majcimarum societatum auctor, phirimarummngister. Cic. pro Plane. 13. 7 Cic. ad Att. XI. 10. ad Fam. XIII. 9. in Verr. II. 70. comp. in Verr. III. 41. ad Kara. XIII. ft-: » See fiaut. Aul. III. 8. 52. Cato ap. Aul Gell. IX. 10. A'arro. L.L. V. J ISl. Paul. Diac. s.y. aerarii trihuni, p. 2. Pseud Ascon. ad Cic. in Verr. I. 13. Everything known upon this subject will be found in the essay of Madvig, De Tribunis Aerariis, contained in iha 80( ond volume of his Opmcula Academica. 240 THE ROMAN REVENUES. possessions, and very probably his observation applied to the Eastern Provinces alone. ' Gibbon has calculated (Decline and Fall, Chapter VI.) that the general income of the Roman Provinces could seldom have amounted, after the accession of Augustus, to less than fifteen or twenty millions of our money, while both Wenck and Guizot consider this estimate too low. 1 IlfSf is toCtoi! if^aZ,i Six, tZv 'y^xtiuxTav, on myrxxiiTx'^"" /"* A*''?'"^^? Ix tSv rikuf ctt. Moreover, these expressions, if strictly interpreted, must mean that the sum of 340 millions of Sesterces (85 millions of drachmae) was added by Pompieus to the former revenue, not that the revenue was made up to that sum by his conquests. :i&cra!7^, as we shall point out below, is sometimes used by late writers. In a restricted sense, to denote tliat particular source of Roman Law which was contained In the writings and opinions of eelebrateil jurists. S The hpf^es liegiae, published by Marlianus, are modern forgeries. 'With regard to the nature of the lus I'dpirimimn, said to have been a collection of the Leges liegiae, and to have been compiled during the reign of Tarquinius Supcrbus, (Uionjs. III. 36. rompon. Digest. I. ii. 2. 52. 3.'),) we know nothing certain. We gather from "the words of Paulus in the Digest (L. xvi. 144.) that it was commented on by (iranius Flaccus, who was contemporarv with Julius (a'sar. Sea Dirlcsen, 'Versuchen zur Kritik, &c. der Quellen dea Roemischea Etcbts. Leips. ;ti.i3. SOUKCES OF ROMAN LAW. 243 Icrum libellus, si quis legiun fontes et capita viderit, et aiictoritatis pondere et utilitatis uhertate superare, (Cic. de Orat. I. 44,) and again (De R. IV. 8) — admiror nee reriun solum sed verboritm etiam elegantiam. The Leges XII Tahularuni were doubtless derived in part from the earlier Leges Regiae, and in part from the laws of other states, (p. 152,) but must, in all probability, have been foimded chiefly upon long established use and wont, the lus Consuetudinis of Cicero, (De Inv. II. 22,) the lus non scriptum of later writers, which, taking its rise in the tastes, habits and prejudices, as well as in the wants of a people, long precedes statutory enactments, and long serves as a guiding rule in young communities which work out their own civilization. II. IiCgc8 Ciiriatae. — Laws passed in the Comitia Curiata. These can scai'cely be accounted as a somxe of Roman Law after the establishment of the republic, or, at all events, after the introduction of the Decemviral Code. III. liegcs Ccntiiriatae. — Laws passed in the Comitia Centuriata. These, from the first, were binding upon all orders in the state, and formed, during the republic one of the chief sources of Law. IV. licgcs Tribmac s. Plcbisciia. — Laws passed in the Comitia Tributa. These were, originally, binding upon the Plebeians alone ; but after the passing of the Lex Valeria Horada, in B.C. 449, confinned and extended by the Lex Puhlilia. in B.C. 339, and by the Lex Hortensia^ in B.C. 286, they possessed the same efficacy as the Leges Centuriatae. See the details given in p. 124. V. Scnatns-Consulta. — It was a subject of controversy among the jurists of the empire Avhether, even at that period, a decree of the Senate could be regarded as a law, (Gains I. § 4. See above, pp. 229. 222.) and according to the theory of the constitution, it certainly could not. But in practice, even under the republic, although a decree of the Senate could not overturn any existing law, it was regarded as possessing the force of a law (legis vicem obtinet) in matters not provided for by an existing law. VI. Edicia Magistratunm. — The higher magistrates, such as the Consuls, Praetors, Aediles, Quaestors, Censors, as well as the Provincial Governors and the Pontifices, were in the habit of publishing Edicia or public notices, with reference to the jurisdiction conferred by their respective oifices ; and these notices or proclamations constituted what was termed lus Honorarium. The magis- trates could in no sense be regarded as lawgivers ; but those portions of their edicts which were adopted in the practice of the courts acquired, in process of time, the force of laws. By far the most important were the Edicta Praetorum, especially of the Praetor Urbanus, to whom was committed the control over civil suits. From an early period it became customary for the Praetor Urbanus, when he entered upon office, to put forth an Edictum, in which he stated the forms to which he would adhere in the administration of justice, and, at the same time, took occasion to explain or supply any details connected with the ordinaiy course of procedure, with the application of the laws, and with previous decisions which appeared obscure or imperfect. The Edict of the Praetor Urbanus, from being published regularly every year, was styled Edictum Perpetuum or Lex Annua, in contradistinction to an Edict referring to some special occurrence, termed Edictum Repentinimi. These Edicta Perpetua being carefully preserved, began, in process of time, to be regarded as a source of law, in so far as its intei-pretation was concerned ; and in the days of Cicero the lus Praetorium was studied by youths along with the XII Tables. It was not uncommon for a Praetor to include in his Edict passages borrowed from 244 SOtTRCKS OF ROMAN LAW. those of his predecessors ; and a section transferred in this manner was distin- guished as Caput Tralaticium. ' The Edicta of tlie Praetors, from the earliest times, were collected, arranged, and digested by Salvias lulianas during the reign of Hadrian, and thus rendered more easily available. VII. Kes ludicaiae. Praeindicia. — Decisions passed by a competent court in cases of doubt or difficulty, although not absolutely binding upon other judges, ■vvere naturally held to be of" great weight when any similar combination of events happened to occur. VIII. Respoiisa Prndentinm. Inris-Peritornm Anctoritas. — The brevity with which the Laws of the XII Tables were expressed rendered explanations and commentaries absolutely necessary for the application and development of the code. Moreover, particular technical forms, called Legis Actiojies, were intro- duced into the practice of the courts, and without the use of these no suit could be prosecuted. Lastly, a certain number of days in the year were set apart for hearing civil suits, these days being termed Dies Fasti. All knowledge regarding tliese matters was, for a long period, confined to the Patricians, and especially to the Pontificcs, who devoted themselves to legal studies, and who, as part of their official duty, regulated the Calendar. This knowledge was studiously concealeci by a privileged few until, in B.C. 304, a certain Cn. Flavins, secretary (scribd) to Appius Claudius, divulged the carefully guarded secrets — Civile lus, reposi- tum in penctralibus Poiitijicum, evulgavit, Fastosque circa forum in alho proposiiit, ut, quando lege agi posset^ sciretur — and published, for general use, a collection of forms and technicalities, which was named lus Flanianum. ^ Those who had previously enjoyed a mouoply of legal practice made an effort to retain their influence by drawing up a new set of forms ; but these also were made pubhc, about B.C. 200, by L. Aelius Paetus Catus, in a work quoted under the title of lus Aelianum, which appears to have contained the text of the XII Tal)les, with a commentary and appro])riate Legis Actioncs. ^ The difficulties wliich had hitherto surrounded the study of Civil Law being now in a great measure removed, it attracted general attention, and towards the close of the republic was cultivated with so much diligence and zeal that it gradually assumed the dignity of a science, whose professors were styled luris-peritl^ luris-consulti, luris-auctores. Persons who were known to have devoted themselves to this pursuit were constantly appealed to for assistance and advice ; treatises were drawn up and publislied by them on various branches ; and it became common for young men who were desirous to acquire distinction as pleaders to attach themselves for a time to some celebrated doctor, as Cicero did when he placed himself as a disciple, first under Q. Mucins Augur, and, after his death, under Q. Mucius Scaevola. Tiie taste for Law as a science increased under the empire, rising to its highest point during the reign of Hadrian and his immediate successors ; (A.D. 130 — j*30 ;) a vast number of works were compiled, both upon general principles and on particular departments ; and to this period belong the great names of Gains, I'apiuianus, Ulpianus, Paulus and Modestinus. In proportion as statutes became more complicated, and the number of new and embarrassing questions, which 1 Cic de Inv 11.2. in Verr. I. 42. III. 14. 44. de legg. I. 5. ad Fam. III. 8. ad Attic. V. 21. Aui. uen. iiL 18. VI a'"' ^^" ***■ ^'°' ^^° Muraea 10. ad Att. VL 1. Plin. H.N. XXXIII. I. Aul. Cell. » Cic. Brut. 2a do Oral. I. 5G. IIL 33. Cod. lustin. VII. vii. 1. Digest. I. ii. 2. J 3a SOUKCES OF KOMAN LATV --STSTKMS OF KOMAJ^ LAW. 245 arose out of a highly artificial state of society, increased, the value attached to the written treatises and oral responses of jurists of reputation was enhanced, and their importance was still farther augmented by an ordinance of Augustus, followed up by a decree of Hadrian, the effect of which ivas to confer upon the opinions of the most learned doctors, when in harmony with each other, ^ the force of laws (Gains I. § 7.) The term lus Civile is sometimes applied, in a restricted sense, by late writers to denote the Responsa Priidentiam alone. IX. ConstiiuiioMcs Priiicipum. — We have seen that the popular assembliea were virtually suppressed soon after the downfal of the republic, (pp. 128. 129.) and thus the principal source of new laws was cut off. On the other hand, tlie legislative flmctions of the Senate were, ostensibly at least, greatly extended, (p. 222.) and the Emperor being viewed as the fountain of all civil as well as military power, decrees emanating from the imperial will had all the force of laws. These Constitutiones, as they were termed, assumed four forms. 1. Edicta. — Ordinances M'ith regard to matters in which new laws, or modi- fications of existing laws, were deemed requisite. 2. Mandata. — Instructions to magistrates and other officials. 3. Rescripta. — Answers to magistrates and other ofScials, when they applied to the Emperor for inforaiation and advice. 4. Decreta. — Decisions upon doubtful points of law, referred to the Emperor as the highest court of appeal. Systems of Roman l^aw. — From the publication of the Laws of the XII Tables until the accession of Justinian, (B.C. 450 — A.D. 527,) a space of nearly a thousand years, during which, republican laws, imperial constitutions, senatorial decrees, praetorian edicts, and the writings of the jurists, had accumulated to an immense extent, no attempt had been made to reduce this vast mass to a well ordered system. Collections had indeed been formed from time to time of the Imperial Constitutions, such as the Codex Gregorianus and the Codex Hermo- geniaiius, (the latter probably a supplement to the former,) known to us from fragments only, which embrace Constitutions fi'om the age of Septimius Severus to that of Diocletian and Maximinian (A.D. 196 — A.D. 305.) Much more important than either is the Codex Theodosiantis, still extant, the first work of tlie kind published under authority. It was drawn up by the command of Theodosius the younger, and with its supplement entitled Nov- ellae Constitutiones, comprehended the Imperial Constitutions from tlie time of Constantine the Great down to A.D. 447, being, in fact, a continuation and completion of the two previous Codices. These compilations, however, were both limited in design and imperfect in execution. To Justinian belongs the honour of having formed the grand scheme of collecting, arranging, and digesting the enormous heterogeneous mass of Eoman Law; and to the learned men whom he employed belongs the still higher glory of having achieved their task in such a manner as to command the admiration of all succeedmg ages. The results of ' It could not be expected that those who devoted themselves with the greatest ardour to legal studies could always agree in opinion, and hence sects arose amon? jurists, as well as among philosophers. As early as the reign of Augustus we hear of two schools, the fuunders of which were Antistius Labeo and Ateius Capito ; the disciples of the former were named, from the most distinguished of his successors, Proculeiani or Pegii. It is difficult to discover the points on which these two sects principally differed ; but it is believed that the Suhiniani were inclined in all cases to adhere to the strict letter of the law, while the PrucuUidui endeavoured to discover tlia circumstances out of which each enactment had arisen, and then to decide according to its tpirit. 246 SYSTEMS OF KOIIAN LAW. their labours have fortunately descended to us entire, consisting of the following parts : — ^ 1. Codex lustiniamts, in twelve books, containing the Imperial Constitutions of the Gregorian, Hermogeniaii, and Theodosian Codes, collected, revised, com- pressed and reduced to one consistent and harmonious whole. This undertaking was executed by a commission of ten jurists at the head of whom was Tribonianus; it was commenced in February, A.D. 528, and finished in April, A.D. 529. 2. Paiidectae s. Digesta, in fifty books, containing an abstract of the decisions, conjectures, controversies, and questions of the most celebrated Koman jurists. The substance of two thousand treatises was comprised in this abridgment, and it was calculated that three millions of sentences had been reduced within the compass of one hundred and fifty thousand. This stupendous task was executed in the short space of three years, (A.D. 530 — A.D. 533,) by a commission of seventeen jurists, head by Tribonian. 3. Jnstitutiones, in four books, containing an elementary treatise on Roman Law, servmg as an introduction to the Digest, and published one month before it. " The Code, the Pandects, and the Institutes, were declared to be the legiti- mate system of civil jurisprudence ; they alone were admitted in the tribunals, and they alone were taught in the academies of Rome, Constantinople, and Berytus." Taken together, with the addition of the Authenticae, that is, one hundred and sixty-eight Novellae Constitutiones of Justinian ; of thirteen Edicta, issued by the same Justinian ; of one hundred and thirteen Novellae of the Emperor Leo, and some smaller tracts, they form what has been tenned Corpus luris Civilis, which has been adopted as the basis of the legal code in many states of modem Em-ope. Much light has been thrown upon Roman Law within the last few years, by the discovery of the Institutiones of Gains, a celebrated jurist contemporary, it is beheved, with Hadrian, a work which served as a model for the Institutiones of Justinian, considerable portions of the latter having been transferred verbatim from the earlier treatise. Our du-ect knowdedge of Roman Law is derived principally from the following Bom'ces : — 1. Fragments of the Laws of the XII Tables, preserved in the classical writers and in the compilations of the jurists. These will be found under their best form, accompanied by a great mass of curious and important illustrations, in the work of Dirksen, entitled Uebersicht der hislierigen Versuche zur Kritik und Herstellung des Textes der XII Tafelfragmente, Leips. 182-i. 2. Fragments of Laws and Senatus-Consvdta passed during the republic, which have been discovered in modern times inscribed on tablets of stone or metal. These will be found collected in the Monumenta Legalia of Haubold, published after his death by Spangenberg, Berlin, 1830. 3. Institutiones luris llomani of Gaius, The best edition is that by Rlenze and Bucking, Berlin, 1829. 4. Domitii Ulpiani Fragmenta. The best edition is that of Eockinjr, Bonn. 1836. 5. The fragments of the Codex Gregorianus and the Codex Ilermogeniantis, which will be found under their best form in the Jus Civile Anteiustinianum, Berlin, 1815. 1 For what followB see the XLIVth Chapter of Gibbon's Decline and Fall, which exhibiu a masterlj outline of the leading features of Koman Jurisprudence. CLASSIFICATION OF PERSONAE. 247 6. Codex Theodosianus. An excellent edition is that of Gothofredus, Lyons, 1665, reprinted nnder the inspection of Ritter, at Leipsic, 1736 — 1745. But the latest, and most complete, is that of Hcinel, Bonn. 1837. 7. Corpus luris Civilis. The best editions are those of Gothofi-edus, Lyons, 1583, often reprinted, and of Spangenberg, Getting. 1776. 1791. Objects to which Ins refers. — These were threefold — L Personae. IL Res. IIL Actiones. Omne ius quo viimur vel ad Personas pertinet^ vel ad Res, vel ad Actiones, Gains I. § 8. These we shall briefly discuss in succession. L Personae. All Personae, in the eye of the law, belonged to one of two great classes. They were either Liheri, i.e. in the enjoyment of personal freedom, or Servi, i.e. slaves. Again, Liberi might be either Ingenui, i.e. bom in a state of freedom, or Lihertini, i.e. emancipated slaves. Lastly, Ingenui might be — 1. Cives Eomani optimo iure. 2. Persons enjoying an imperfect Civitas, such as Latini and Aerarii, 3. Peregrini, We have already, in Chapter IIL spoken of the rights of Personae, regarded from the above points of view ; but there was another classification of Personae recognized by law, involving considerations of much importance. According to this division Personae were ranked as — 1. Personae sui iuris. Persons subject to no external control. 2. Personae alieni iuris. Persons subject to tlie control of others. The first division, being merely negative, will include all not comprehended in the second. The Personae alieni iuris were — 1. Se7'vi in potestate dominorum. 2. Liberi in potestate parentum. 3. Uxores in manii maritorum. 4. Personae in Tutela. 5. Personae in Mancipio. The position occupied by Servi we have already examined, (see above, pp. 94 — 103,) and we therefore pass on to personae in potestate parentum. Nature and l!:xtent of the Patria Potcstas. ■• — From the most remote ages the power of a Roman father over his children, including those by adoption as well as by blood, was nnlimited. A flitlier might, without violating any law, scourge or imprison his son, or sell him for a slave, or put him to death, even after that son had risen to the highest honours in the state. This jurisdiction was not merely nominal, but, in early times, was not mifrequently exercised to its full extent, and was confirmed by the laws of the XII Tables. In extreme cases it seems to have been always the cnstom to summon a domestic court, (consilium,) composed of the nearest relatives of the family, before whom the guilt or innocence of the child was investigated ; but it does not appear that such a Consilium could directly set aside the decision of the parent. It had the effect, however, of acting as a check ; and taken in connection with the force of 1 See Cic. de R. II. 35. de Fin. I. 7. Orat. pro dom. 2f1. Liv. Epit. LIV. Val. Max. III. V. I. V. viii. 2. 3. 5. i.v. 1. VI. i. 5 6. Plin. H.N. XXXIV. 4. Tacit. Ana XVI. 33. Aul. Gelt. 11. 2. V. 19. Sallust. Cat. 39. Dionys. II. 26. 27. VIU. 91. 11. Plut. Num. 17. Dion Cass. XXXVII. 3fi. 2-48 PATRIA FOTESTAS. public opinion, as expressed by the Censors, must have tended to repress imj savage abuse of the power in question. By degrees the right of putting a chikl to death (ius vitae et necis) fell into desuetude ; and long before the close of the republic, the execution of a son by order of his father, although not forbidden by any positive statute, was regarded as something strange, aud, unless under extraordinary circumstances, monstrous. ^ But the right continued to exist in theory, if not in practice, for three centuries after the establishment of the empire, and was not formally abrogated until A.D. 318. Such being the nature and extent of the Patria Potestas, it is almost unneces- sary to state that a child In Potestale Patris could neither hold nor dispose of property independent of the father, to whom every thing acquired by the child belonged of right. A son In Potestate could not lawfully contract debts, nor even keep an accomit book (Tabulas, qui {71 potestate patris est, nullas conjicit, Cic. pro Coel. 7.) He indeed might, like a slave, possess a peculium ; but this could be acquired by special permission only, wliicli was granted as an act of grace and favour, and might, at any time, be recalled. - An exception seems to have been made, under the empire at least, in favour of property acquired by a soldier on militaiy service, which was tenned Peculium Castrense. ^ It must be under- stood that tlie children of a son who was In Potestate were themselves In Potestate of their grandfather ; so also were great-grandchildren, provided their father and grandtatlier were both In Potestate : and the same principle applied to descendants even more remote. Exiinctiou of iiic Pati-ia Potestas. — The Patria Potestas might be extin- guished in various ways — 1. By the death of the father — ]\Iorte patris JiUns et filia sui iuris Jiunt, (Ulpian X. 2,) aud the grandson now came under the Patria Potestas of his father. 2. If the father or the son ceased to be a Roman citizen by undergoing Capitis Deminulio maxbna, (p. 83,) or otherwise, for Patria Potestas could exist only in the case of parties both of whom were Roman citizens. If the fatlier was taken prisoner, his Patria Potestas was suspended while he remained in captivity, but resumed when he recovered his other political rights by Post- liminium (p. 83.) 3. If a son became Flamen Dialis or a daughter a Virgo Vestalis. * 4. If either father or son was adopted by a third person. 5. If a daughter, by a formal marriage, (see below, p. 250,) passed into the hands of a husband, she exchanged paternal for marital slavery. 6. By the triple sale of a son by his father. If a father sold his son as a slave, and the person to wliom he had been made over emancipated him, tlie son did not become sui iuris, but returned again imder the Patria Potestas. If, however, the process of formal conveyance, (mancipatio,) and release, (emancipatio,) was repeated three times, then the son was finally relieved from the Patria Potestas, and had the Status (p. 83) of a freeborn (ingenuns) Roman citizen, and not of a Libertinus. This was expressly enacted by the Laws of the XII Tables — Si pater fiUam ter venum duit, filius a patre liher e.sto. Accordingly, when circumstances rendered it desirable that a son should 1 Sencc. de clem. I. 14. 15. 2 inonys. VIII. 'Ty. Suet. Tib. 1.5. Senec dc Bcncf. VII. 14. Gaius II. § 85. S Juv. S. XVI. ^)•^. I'ompon. Digest XLIX. xvii 11. « Tacit. Ann. IV. 16. Aul. Cell I. 12. Ulpian. X. S PATEIA POTESTAS — MARKIAGE. 249 be released from the Patria Potestas in the lifetime of his father, this end waa attained by a series of fictitious sales. A person was provided who bomul himself to liberate the son when transfciTed to him as a slave, this person being termed Pater Jidiiciarius. To him the son was formally sold and conveyed (manci- patus) according to the legal ceremonies of Mancipation which will be detailed hereafter ; he was immediately liberated (mamunissus — emancipatus) in the manner already described when treating of the manumission of slaves, (p. 100,) and this process having been twice performed, he was sold a third time and immediately reconveyed by the Pater Jidiiciarius to the father, by whom he was forthwith finally manumitted and became his own master — -JiUus ter mancipatus, ter manumissus sui iuris fit (Ulpian. X. 1.) It will be observed that matters were so arranged that the final manumission was made by the father, and not by the Pater fiduciarius^ otherwise the latter would have become the Patronus (p. 101) of the liberated son. A daughter or granddaughter was released from the Patria Potestas by a single Mancipatio and Emancipatio (Gains I. § 132. Ulpian. X. 1.) 7. If a son was actually the holder of a public magistracy the Patria Potestas was suspended for the time being, and the son might, in virtue of his office, exercise control over his father ; but as soon as the son resumed the position of a private individual the paternal authority was re-established in full force. 8. If a son concluded a marriage with the consent of his father, the latter lost the right of sellmg him for a slave. A father was entitled to expose or put to death a new born infant, provided he previously exhibited it to five neighbours and obtained their consent. This rule was evidently intended to apply to defonned children only; (partus deformis ;) for a fiither was expressly forbidden to kill a male chUd or a first- bom daughter, if under the age of three years. ^ PEESONAE IN MANU. MARRIAGE. In order that any valid marriage might be contracted according to the Civil Law, it was required — 1. That the consent of both parties should be obtained, if they were sui iuris, or of the father or fathers, if one or both happened to be In Patria Potestate. Under the empire, by the Lex Iidia et Papia Poppaea, (about A.D. 9,) a fother might be compelled to give his consent, if he had no reasonable ground for refusing it. 2. That the parties should both be puieres, i.e. should have respectively attained to manhood and womanhood. No marriage could take place between children. 3. That the parties should both be unmarried. Polygamy was entirely prohibited. 4. That the parties should not be nearly related to each other. The deter- mination of the prohibited degrees was a matter rather of public opinion and feeling than of positive enactment, until the passing of the Lex lulia et Papia Poppaea ; but it may be regarded as having included the unions of all direct ascendants and descendants, wliether by blood, adoption, or marriage— parents with children, grandparents with grandchildren, fathers-in-law and mothers-in- 1 Dionys. II. 15. 27. Cic. de legg. III. 8. Liv. XXVII. 37. Senec de ira I. 1.5 Macrob. S V U. 10. 250 MAREUGE. law -with sons-in-law and daughters-in-law, stepfathers and stepmothers with stepchildren, of brotliers with sisters, whether by blood, adoption, or marriage — of uncles and aunts with nephews and nieces, until the time of Claudius ; ' — and, at one period, of cousins even of the fourth degree, although the practice in this respect seems to have varied at different epochs. ^ 5. That both parties should be free. These indispensable preliminary conditions being satisfied, all marriages were divided into two classes — 1. Nuptiae lustae s. Matrimonium lustum. 2. Nuptiae Ininstae s. Matrimonium Iniustum^ which we may term Regular and Irregular Marriages, 1. Nuptiae lustae. — No regular marriage could be concluded except Connu- hium (i.e. Ins Conmibii) existed between the parties. Hence, in ancient times, there could be no Nuptiae lustae between a Patrician and a Plebeian, because tliere was no Connuhium between tlie orders ; and this state of things continued until the passing of the Lex Caimleia (B.C. 445, see above, p. 81.) Hence, also, a marriage between a Roman citizen and a Latinus (a) or a Peregrinus («) not enjoying Connuhium Avith Piome was a Matrimonium Iniustuni. The cliildrcn bom in Nuptiae lustae were termed lusti Liberi, and enjoyed all the rights and privileges of their fathers. 2. Nuptiae Iniustae. — AVhen a marriage took place between parties who did not mutually p'^ssess the lus Comiuhii, as, for example, between a Roman citizen and a Latinus (ci) or a Peregrinus (a) not enjoying Connuhium with Rome, the children belonged to the Status (see above, p. 83) of the inferior jiarty. Thus, the son of a Latinus or a Peregrinus and a Roman woman was liimself a Latinus or a Peregrinus; the son of a Civis Romanus and a Latina or a Peregrina was, in like manner, a Latinus or a Peregrinus. The rule of law is expressed by Gains (I. § G7) as follows — Non aliter quisquam ad patris conditionem accedit quam si inter patrem et matrem eius connuhium sit. In the case where the mother was a Civis Romana and the father a member of a state which enjoyed Connuhium with Rome, but not the full Civitas, then the son stood precisely in the same position as his fother ; but when the father Avas a Civis Romanus and the mother a member of a state ivhich enjoyed Connuhium with Rome, but not the full Civitas, then the son was a Roman citizen optima iure (pp. 81. 85. 87.) Although a ]\Tatrimonium Liiustum affected the civil rights of the children, it was no stain upon the moral character of the persons who contracted it ; but was probably regarded in the same light as we ourselves view an alliance where a wide difference exists between the social position of the parties. But when a man and woman cohabited witliout contracting a mairiage at all, tliey were said to live in a state of Concuhinatus — the woman was called the Concuhina, or, poetically, the Amica, of the man, while the term Pellex, although generally used w'lih reference to the woman, was applied, at least in later times, to eitlicr party. The children born from such connections were bastards, (spurii,) did not become subject to the Patria Potestas, and, indeed, in the eye of tlie law, had no fatlier at all (Gains I. § 59. 64.) No legal marriage could take place betiveen slaves, but their union was termed Conluhernium s. Serviles Nuptiae ; the children were slaves, and were generally styled Vernae. See p. 95. > Tacit. Ann. XII. 5—7. Suet. Claud. 2C. Gaius I. § 62. 2 Tacit l.c. Uv. L 42. XLII. 34. Dionj-s. IV. 28. Uljuan. V. 6. MARRIAGE. 251 In so far as the marriage of Libertini with Libertinae was concerned, it would appear that, in the earlier ages at least, those only could marry whose Patrons belonged to the same Gens ; and hence, among the rewards bestowed upon Hispala Fecenia (Liv. XXXIX. 19) we find Geniis enuptio enumerated. With regard to the marriage of an Ingenuus with a Libertina see p. 103.^ DilTercnt kinds of Nuptiae lusme. — Nuptiae lustae were of two kinds — 1. Cum Conventione in Manum. 2. Sine Conventione in Manum. 1. When a marriage took place with Conventio in Manum the woman passed entu'ely from trader the control of her father or guardian, (exihat e iure pairio, Tacit. Ann. IV. 16,) and from the Familia to which she belonged into the Familia of her husband, to whom she became subject, and to whom, in so far as her legal rights were concerned, she stood in the relation of child to parent so long as the marriage subsisted. Hence she could hold no property, but every thing which she possessed at the time of her marriage, or inherited afterwards, was transferred to her husband ; and if he died intestate she inherited as a daughter. If she committed any crime, her husband was the judge in a court (consiliuin) composed of the nearest relations upon both sides. 2. When a marriage took place without Conventio hi Manum., the woman remained under the legal control of her father, or of her guardian, or was sui iuris, as the case might be, and when sui iuris, all the property which she possessed or inherited was at her own disposal, with the exceptions to be noted hereafter when treating of the Dos, Marriages Cum Conventione in Manum., although common in the earlier ages, gradually fell into disuse, and, towards the close of the republic, had become very rare. It would appear, from the statements of the grammarians, that Uxor was the general term applied to a wife, without reference to the nature of the marriage ; Mater familias to the wife who was in Mann mariti; Matrona to the wife when not In Manu ; but these distinctions are by no means strictly observed. JDiffcreiit Forms of niarriag'e Cum Conveiilionc. — A marriage Cum Conventione might be legally contracted in three different modes, ^ viz. by 1. Confarrcatio. 2. Coemptio. 3. Usus. 1. Confarrealio was a religious ceremony performed in the house of the bridegi'oom, to which the bride had been conveyed in state, in the presence of at least ten witnesses and the Pontifex Maximus, or one of the higher Flamens. A set form of words [carmen — verba concepta) was repeated, and a sacred cake made of Far (farreus panis) — whence the term Confarrealio — was either tasted by or broken over the parties who sat during the performance of the various rites, side by side, on a wooden seat made of an ox-yoke covered with the skin of the sheep which had previously been offered in saci'ifice. The children born of such an union were named Patrimi et Matrimi., and such were alone eligible to the priestly offices of Flamen Dialis, of Flamen Quirinalis, and of Flamen Martialis. ^ 2. Coemptio was purely a legal ceremony, and consisted in the formal con- veyance of tlie wife to the husband, according to the technical procedure in the sale of Res Mancipi (see below, p. 258.) An imaginary sale took place on the part of the parent or guardian in the presence of five Roman citizens of matiuro 1 Comp. Cic. Philipp. EL 2. 36. III. 6. ad Att. XVL 2. II. Seneo. ControT. lU. 21. 2 See Gaius I. § 108. a Gaius I. i lOS— 115. 252 MARRIAGE — Dn'ORCE. age, and a balance-liokler, (lihripens,') the husband or fictitious purchaser being termed Coemptionator. ^ 3. Usus. A woman who remained with her husband during one whole year without absenting herself for three nights consecutively, passed in Manum mariti by prescription (usii) as effectually for all legal purposes as if the ceremonies of Confarreatio or Coemptio had been performed. Gains lays down the condition distinctly (I. § 111) — Usu in manum conveniebat, quae anno continuo nupta perseverabut, nam velut annua possessione usucapiehatur^ in familiam viri transibat, filiaeque locum obtinebat. Jtaque lege XII Tabularum cautum erat, si qua nollet eo modo in manum mariti convenire, ut quotannis trinoctio abesset atque ita usum cuiusque anni interrumperet. ^ Gains adds, that at the time when he Avrote, (i.e. probably in the early part of the second century,) the whole of tlie ancient law witli regard to marriage Cum Conventione in Manum by Usus had ceased to be in force, having been in part repealed by positive enactments, and in part suffered to fall into desuetude. When a marriage took place Sine Conveyiiione in Manum^ the ceremonies were entirely of a domestic character ; and these we shall brietly describe when treating of the private life of the Romans. DissolHtioii of a Marriasc. — A marriage might be dissolved in various ways : 1. By tlie death of one of the parties. 2. By one of the parties losing the Connubium in consequence of Capitis Deminutio (p. 83) or otherwise. In this case a Matrimonium lustum either liecame a Matrimonium Iniustum, or was entirely annulled, at the discretion of the party whose Status remained unchanged. 3. By divorce. The technical terms for a divorce are Repudium — Divortium — Discidium — Renuntiatio — Matrimonii dissolutio. Of these Repudium applies ])roperly to the act of divorce when originating with the man, Divortium to the act when originating with the woman ; but these distinctions are frequently neglected. We can say little with regard to the law or practice of divorce in the earlier ages of Rome, for we are positively assured that no example of a divorce occurred for more than five centuries after the foundation of the city ; and this statement is borne out by the f;ict that, with one single exception, tliere is no record of any such event until B.C. 231, Avhen Sp. Carviiius Ruga put away a wife, to whom he was tenderly attached, because she was unfruitfuh We know, however, tliat there were provi.sions with regard to divorce in the Laws of the XII Tables, and we cannot doubt that contracts solemnly concluded might be solemnly rescinded. ^ Accordingly, we hear in the grammarians of a rite termed Diffar- reutio for dissolving marriages by Confarreatio, although Dionysius asserts that such unions were indissoluble ; and we are told that a marriage by Coemptio could be cancelled if the woman was conveyed back again (remancipata) by the husband cui in Manum Convcnerat. It is asserted, moreover, that in the days of Romulus no woman could divorce her husband, but that a husband might lawfully divorce his wife if slie Avas convicted of infidelity, of sorcery, or of drinking wine {u tc; oJi/ov svnsihi'/i -zLwija. ■yw/i.') Under these circumstances it is probable that a regular domestic trial took place before the husband and the nearest relatives of both parties. * 1 Gaius I.e. ■i Coiiip Aul Gell. IH. 2. ■ Aul. Gcll IV. 3 XVII 21. Val. Max. IT. ix. 2. Cic. Pliilipp. II. 99. * Paul. Diac. s v. Diffmren/in, p. 74.— Fest. s.v. Jiemanciuatam, p. 277. Dionys. XL 25. Plut Rom. 22. Orelli. C. I. L. n. 2618. MARRIAGE — IJIVOECE — DOS. 2r>3 Tt would seem that marriages sine Conventione in Mamim could at any time be dissolved by either party. When this was done directly the husband used the form of words Tuas res tihi Jiabeto ; but it was more usual to announce the divorce formally through a third party, and hence the phrase Nu7itium mittere uxori (s. marito) signifies to divorce. This facility of divorce was eagerly taken advantage of towards the end of the republic, and under the empire, when free marriages had almost entirely superseded the stricter union Cum Conventione. Divorces took pkce\ipon the most frivolous pretexts, and frequently without any pretext at aE , and such was the laxity of public morals, that little or no disgi-ace was attached to the most flagi-ant abuse of this license. ^ Augustus endeavoured, by the provisions of the Lex Julia et Papia PoppMO, to place some restrictions upon divorce, but apparently without any practical result ; and certainly the example set by himself was not calculated to give weight to such an enactment. ^ Dos. — When a mamage was contracted either with or without Couventio in Manum, the woman was in every instance expected to bring with her some fortune as a contribution towards the expenses of the establishment. The sura would, of course, depend upon the station and means of the parties, but some- thing was considered indispensable ; and in the case of death or absolute inability on the side of the father, the nearest relatives were held bound to supply what was requisite. ^ The fortune thus brought by the woman to her husbtind was technically termed Dos, if fimiished by her father, Dos Profectitia, if by some other party, Dos Adventitia (see Ulpian. VI. 3.) In the case of a marriage with Conventio in Manum, whatever property the woman was possessed of passed at once into the hands of the husband — quum mulier viro in manum convenit omnia quae vmlieris fuerunt viri Jiunt Dotis nomine. Cic. Top. 4. But in a marriage without Conventio in Manum, whatever property a woman possessed remained under the control of herself or her guardians, with the exception of the Dos, whicli was made over to the husband, and hence the influence and sometimes tyranny exercised by rich wives. * The property retained by a wife in her own power was termed Bona Receptitia, (quae ex suis bonis retinehat neque ad virum tramittehat ea recipere dicebatur — Aul. Gell. XVII. 6,) a phrase which seems to have been equivalent to the word Parapherna, introduced at a later period. Disposal of the Dos when the Marriage was Dissoircjl. — Formanyyears, during which the dissolution of a marriage, except by the death of one of the parties, was scarcely contemplated, the rule seems to have been that the Dos fell to the survivor. But when divorces became transactions of ordinary occurrence, stringent rules became necessary in addition to established usage; and tiiese were introduced partly by legislative enactments, which laid down general principles, and partly by special agreements or marriage contracts, (dotalia pacta,) by which the Dos was secured, (cautio rei uxoriae,) and for the fulfilment of which suits, called Actiones rei uxoriae, could be instituted. During the last century and a-half of the republic and the early part of the empire, the law and practice with regard to the Dos^ when a marriage was dissolved, seems to have been as follows : — 1 Val. Max. \1. iii. 10—15. Plut. Cic. 41. Cic. de Orat. I. 40 56 ad Att. XL 23. ad Fam. VIII. 7. Martial. VI. 7. X. 41. Senec. de Provid. 3. de Benef. III. !6. 2 Suet. Octav. 74. . ^ . S Although the passages which state this most explicitly are found in the Comic Drama- tists, they seem, without douht, to refer to Roman manners. See Plaut. AuL XL iL \3. W. BU Terent. Phorm. IL i. ^6. iii. 64. 4 Plaut. Asia. L i. 73. Aul. IIL v. 5a Senec. Controv. L 6 254 SIAREIAGE — DOS. 1. The Dos was sometimes paid down at once, but generally when an alliance was in contemplation the amount was first settled and then a regular obligation was granted for the payment, {Dos aut datur, aut dicitur aut promiuitur — Ulpian. VI. 1,) which was eflected by three instalments (tribus pensionibus) at intervals of a year. ^ 2. If the marriage was dissolved by the death of the husband the Dos returned to the wife. 3. If tlie marriage was dissolved by the death of the wife the disposal of the Dos varied according to circumstances. a. If the wife died after her fatlier, or if the Dos was Adventitial in either case the whole remained with the husband, unless the person who had given the Dos had specially stipulated that it should be returned to him, in which case it was termed Dos Receptitia (Ulpian. VI. 4.) b. If the wife died childless, before her father, a Profcctitia Dos retiu-ned to her father ; but if there were children, one fifth was retained by the husband for each child. 4. If a marriage was dissolved by divorce, the disposal of the Dos depended upon the circumstances under which the divorce took place. a. AYIien the divorce was the result of mere caprice upon the part of the husband, or, although promoted by the wife, was provoked by the gross mis- conduct of the husband, he was obliged to refund the whole Dos and to maintain the children — 'Si viri cidpa factum est divortium, etsi mulier nuntium remisit, tamen pro liberis manere nihil oportet — Cic. Top. 4. b. When the divorce was the result of caprice on the part of the wife, or of persuasion on the part of her father, without any reasonable ground of complaint, ihe husband was entitled, if there were children, to retain one-sixth of the Dos for each child, provided the whole amount so retained did not exceed one-half of the Dos. This was termed Retentio propter liberos (Ulpian. VI. 10.) c. But -when the divorce was caus.ed by the bad conduct of the wife, the husband was entitled, even when there were no children, to withhold a portion of the Dos as Solatium or damages, this being termed Retentio propter mores. '\\ e have reason to believe that, in ancient times, a wife, if guilty of one of the higliest offences, sucli as infidelity or wine-drinking, forfeited the Avhole Dos. When Ulpian wrote, she forfeited one-sixth for oS'ences of the highest class, one- eighth for those of a less serious nature ; but if there were children, the husband could withhold one portion on account of the children and another as punish- ment for misconduct. ^ Disputes with regard to the facts of matrimonial misconduct and the amount of pecuniary compensation, seem to liave formed the subject of legal processes even under the republic ; and a regular iudicium de moribus was instituted by Augustus for the purpose of determining to which party blame attached. ^ When a divorce took place by mutual consent, the disposal of the Dos^ if not fiettlcd pievious to the marriage by the Pactum Doiale, must have been aiTanged privately by the persons interested. PEUSONAE IN TUTELA. * '\Micn children of unripe years, (impuberes,) and those who, in the eye of the 1 P;>lyb XXXII. 13. Cic. ad Att. XI. 2. 4. I ;' in. H.N. XIV. 13. Ulpian. VI. 11. 12. 3 llin. 1 c. Aul. Gell. X. i;a. Uuintil. I. O. VII. 4. 4 Oaius I. } 142—200. TUTELA — TUTORES — CUKATORES. 255 law, were incapable of regulating their own affairs, were deprived by death or otherwise of a father's protection, the'y were placed in wardship, (in Tuiela,) under the control of guardians, termed Tutores, and were themselves designated Pupilli s. Pupillae. In certain cases guardians were styled Curatores. Appoiiituieiit of Tutores A father had the right of nominating guardians by will (lestamento Tutores dare) for those of his male children who might be of tender years or born after his death, for all his daughters who were In Potestate, for his wife if /m Marm, for his daughter-in-law \i In Manu maritl, and for the grandchildren under his Puiestas, provided their father was dead. Such guardians were termed Tutores datlvi. A husband might grant permission by will to his wife, if /?z 3Ia?iu, to nominate her own guardians, (Tutores optare,) and this either without restriction or luider certain limitations — aut plena optio datur aut angusta. Such guardians were termed Tutores optivi. If a man died without appointing guardians by will, then, by the Laws of the XII Tables, the charge devolved upon the nearest Agnati, (see below, p. 265,) a regulation wliich continued in force under the empire in regard to males, but was superseded in the case of females by a Lex Claudia. Such guardians were termed Tutores legitimi. If no guardians had been appointed by will, or if the guardians appointed died or were unable to act, and if there were no Agnati qualified to undertake the charge, then, in virtue of a Lex Atilia, the date of which is unknown, the Praetor Urbanus, with the sanction of a majority of the Tribuui Plebis, appointed a guardian. Such guardians were termed Tutores Atiliani. Duration of 'I'utela. — Tutela was intended for the protection and control of impuberes only. According to the imperial laws, boys ceased to be impuberes at the age of fourteen, and consequently at that age the authority of the Tutor ceased. With women the case was different, for although they ceased to be impuberes at the age of twelve, they were held to be unfit to take charge of their own affixirs at any period of life ; and hence a female was iield to be at all times either In Potestate patris, or In Manu mariti^ or In Tutela. The only exceptions were in favour of Vestal Virgins, and, after the passing of the Lex Jidia et Papia Poppaea, (about A.D. 9,) of women who had borne three children, four being required for Libertinae. But altliough this was thfi strict legal view, it was, in later times at least, altogether disregarded in practice ; and women of mature years who were not Li Potestate patris nor In Manu mariti were regarded as sui iuris, and were allowed to administer their own affairs, but were obliged, when called upon to perform certain legal acts, such as the conveyance of Res Mancipi (see below, p. 257) and making a will, to obtain, as a matter of form, (dicis causa,) the sanction of their legal guardian. Curatores. — Although the control of a Tutor ceased when the Pupillus had attained to manhood and become invested with his political rights, it must have frequently happened that the youth would be involved in business which he would be incapable of regulating with advantage at that early age, and would, at all events, if wealthy, be open to fraud and imposition. Hence arose the practice of nominating a Curator, whose authority extended to the twenty-fifth year of the ward, but who did not necessarily, like a Tutor, exercise a general superintendence, being frequently nominated for one special purpose. The appointment of a Curator lay with the Praetor Urbanus, as in the case of a Tutor Atilianus — he could not be fixed by will, but might be recommended, and the recommendation confirmed by the Praetor. 256 PF.RSONAE IN MANCIPIO — CLASSIFICATIOK OF RES. Curatores were appointed also to manage the affairs of persons beyond the age of twenty-five, v.'ho, in consequence of being insane, deaf and dumb, or affected ^^■ith some severe incurable disease, were incapable of attending to their own concema. Since Tutores and Curatores were cliiefly occupied in administering the pecuniary affairs of those under their charge, they were often required to give security {satisdare) for their intromissions ; and a Tutor, when his Pupillus attained to mature age, was called upon to render a fonnal account of his trans- actions — Cum igitur Pupillorum Pupillarumque negotia Tutores gerunt post pubertatem tuteiae iudicio rationem reddunt (Gaius I. § 191.) PERSONAE IN MANCIPIO. ' A free person when made over to another according to the legal form of Mancipation (see below, p. 258,) was said to be In Mancipio, and suffered Deminutio Capitis, (p. 83,) — Dcminutus Capite appellabatur qui . . . liber alteri mancipio datus est (Paul. Diac. s.v. Deminutus Capite.') An example of this Status is afforded by the condition of a son who had been conveyed by his father to a third person by Mancipatio, and who, except when this was done in order to compensate tlie person in question for some wrong which he had sustained, (ex noxali causa,) was In Mancipio for a moment only, {plerumque hoc fit dicis gratia uno momento, Gaius I. § 141.) A person In Mancipio was not, in the eye of the law, absolutely a Servus, but tanquam Servus s. Servi loco. He was bound to obey the commands of his master, and could hold no property save by his permission. On the other hand he could not, like a slave, be subjected to injurious treatment, much less put to death, by his master, and if he recovered his fi-eedom, received, at the same time, the Status of Ingenuitas. A wife who had been married by Coemptio was also IWi.Mancipio ; but since she was also In Manu, the relation in which she stood towai'ds her husband was of a complicated nature. II. Res. On the Classification of Res. — Ees were variously classed by Roman lawyers according to the pomt of view from which they were regarded. The most important divisions were — A. Res Divini luris. — Things appertaining to the gods. B. Res Ilumani luris. — Things appertaining to men. A. Res Divini Juris were divided into — 1. Res Sacrae, places or objects openly set apart and solemnly consecrated to the gods by a deliberate act of the state, such as groves, altars, chapels and temples. 2. Res Religiosae s. Sanctae, places or objects which acquired a sacred character from the purposes to which they were applied, such as sepulclires and the walls of a fortified city. B. Res Ilumani luris were divided into — a. Res in nidlius Patrimonio. b. Res in privatorum Patrimonio. Again, a. Res in nidlius Patrimonio might be — a. 1. Res Communes s. Puhlicae, objects which belonged to all mankind ahke, such as the air we breatlie, the sea and its shores. a. 2. Res Universitatis, objects belonging to a society, but not to a single I See Gaius I. 5 UC— 123. 5 13S— )4«. RIGHT OF PROPERTY. 257 individual, such as streets, theatres, halls of justice, which belonged to the whole body of the citizens in a state, and under this head was ranked the property of mercantile companies (societates) and of corporations (collegia.) a. 3. Res 7iullius, in a restricted and teclmical sense, was applied to an inheritance before the heir entered upon possession. h. Res Privataes. in privatorum Patriinonio, objects belonging to individuals, were divided into — b. 1. Res Mcmcipi, and, &. 2. Res nee Mancipi. Res Mancipi was a term applied, according to the usage of Roman Law, to a certain class of objects which could not be conveyed, in the earlier ages at least, except by a formal process, termed Ma7icipatio, which will be ex- plained immediately. The Res Mancipi were probably very numerous ; but the most important were — 1. Lands and houses (j)raedia} in Italy. ^ 2. Slaves. 3. Domestic beasts of burden, such as horses, asses, mules, and oxen ; but not animals naturally wild, although tamed and broken in, such as camels and elephants. Res nee Mancipi comprehended all objects whicli were not Res Mancipi. Kight of Property and Modiiicalioas of this Kigltt. — An individual might possess a right of property in various ways. Of these the most important were — 1. Dominium. 2. lura in re. 3. Ususfructus. 1. Dominium. Dominium Quiritarium. The right by which any one exercised control over property, and by which he was entitled to retain or alie- nate it at pleasure, was termed Dominium. AVhen this right was exercised by Roman citizens in the most complete manner {ple7io iure) over property acquired accordmg to all the forms of law, and not situated in a foreign coimtry, it was termed Dominium legitimum s. Dominium Quiritarium s. Dominium ex iure Quiritium. 2. lura in Re s. Servitutes. An individual although he had not Dominium over an object, might yet possess a certain legal control over that object. Such rights were denominated lura in Re, or Servitutes, and when applicable to houses or lands, Servitutes Praediales. These again might be either Servitutes Prae- diorum Urianorum, or Servitutes Praediorum Rusticorum. Of the Servitutes Praediorum Urbanorum we may take as examples — 1. \^lien one of the two proprietors of adjoining houses could prevent the other from removing a wall or a pillar which, although forming part of the building belonging to the latter, was necessary to insure the stability of the building belonging to the fomier. This was Servitus Oneris. 2. When one pro- prietor had the right of introducing a beam for the support of his own house into the wall of his neighbour's house. This was Servitus Tigni immittendi. 3. When one proprietor had the right of conveying the rain-drop from his own house into the court or garden of his neighbour. This was Servitus Stillicidii. 4. Of carrying a drain through his neighbour's property, Servitus Cloacae. 5. Of preventing his neighbour from building a wall above a certain height, Servitus non altius tollendi, or from disturbing his lights, Servitus Luminum. Among the Servitutes Praediorum Rusticorum we may enumerate — 1. A 1 When the Roman territory extended over but a small portion of Italy, the praedia, which ranlted under Hes Mtmcipi, were confined within the same limits. At a subsequent period the praedia, in certain districts in the provinces, were regarded as Kes Mancipi, provided those districts enjoyed what was termed the /(« Italicum. 8 258 CONVEYANCE OF PKOTEKTY. right of ■way through the lands of another, which, according to circumstances, migiit be — a. Merely a foot-path or a bridle-road {Iter.) b. A drift-road, along which a beast of burden or a cari'iage might be driven, but not if loaded {Actus.') c. A highway (Via.) 2. The right of conveying water through the property of another (Aquaeductus.) The Servitutes Praediorum Rusticorum were classed by all lawyers under the head of Ptes Mancipi ; with regard to the Servitutes Praediorum Urhano- runi a difference of opinion existed. 3. Ususfructus. An individual might be in the lawful occupation and enjoyment of property either for life or for a limited period, without having the power of alienatmg the property in question. This was termed Ususfructus. Similar to this, as we have seen above, was the tenure under which the Ager Puhlicus was frequently held by those in possession. Difivreut modes of acquiring Property. — The most important of these were — 1. Mancipatio. 2. In lure Cessio. 3. Usus. 4. Traditio. 5. Adiu- dicatio. 6. Lex. 1. Mancipatio.''- This ancient and purely Roman mode of transferring pro- perty was under the form of an imaginary sale and delivery. It was necessary that the buyer and seller should be present in person, together with six male wit- nesses, all arrived at the age of manhood, (puberes,) and all Roman citizens, of whom one, called Libripens, carried a balance of bronze. The buyer (is qui mancipio accipit) laying hold of the property, if moveable, or a representatioa of it, if immoveable, employed the technical words, Hunc ego hominem (suppos- ing the object to be a slave) ex iure Quiritium meum esse aio isque mihi emptus est Jioc acre aeneaque libra, upon which he sti'uck the balance with a piece of brass, M-Jiich he then handed over to the seller (is qui mancipio dat) as a symbol of the price. This form was applicable to Res Mancipi alone, and a conveyance of this nature could take place between Roman citizens only, or between a citizen and one hiiving the lus Commercii with Rome. 2. In lure Cessio. ^ This was a foiTnal transference of property in the pre- sence of a Roman magistrate. The parties, buyer and seller, appeared before tlie Praetor, if at Rome, or the provincial governor, if abroad, and the person to whom the property was to be conveyed (is cui res in iure ceditur) laying hold of the object, claimed (vindicavit) it as his own, in the technical words, Hunc ego 'hominem, ex iure Quiritium meum esse aio, upon which the magistrate turned to the other party (is qui cedit) and inquired whether he set up any opposing claim, (an contra vindicet,) and on his admitting that he did not, or remaining silent, the magistrate made over (addixit) the object to the claimant. There were in this process tlu-ee principal actors, the former proprietor, tlie claimant or new proprietor, and the magistrate, whose relations to each other are expressed by the three verbs, cedere, vindicare, and addicere. In iure cedit dominus, vindicat is cui ceditur, addicit Praetor. In order that this form of conveyance might be valid, it was necessary that three conditions should be satisfied. (1.) That the parties should appear in person before the magistrate. (^•) '^'>=it they should both be Roman citizens, or if one was not, that he Bhould have the lus Commercii with Rome. • Oaius I. § 119. ' Gaius It § 24. DIFFERENT MODES OF ACQUIRING PROPERTY. 259 (3.) That the property should be of such a kind as to admit of Dominium Quiriiarium, and hence lands in the Provinces were excluded. 3. Usus s. Usucapio. Prescription. When an individual remained in undis- puted possession of any object, whether a Res Mancipi or a Res nee Manciple for a certain length of time, he acquu-ed a full right to it although it might not have been fonnally conveyed to him. The period fixed for prescription by the laws of the XII Tables was one year for moveable property, and two years for houses or lands. In order that Usus might apply, it was essential that the person holding the object should be a bonae Jidei possessor, that is, that he should honestly believe that he had a just title to the property — si modo bond fide acceperimus. But prescription did not apply to objects stolen or taken by force from their lawful owner, even although the person in actual possession might not be cognizant of the theft or robbery. ^ 4. Traditio. The simple handing over of a piece of property by one person to another is the earliest and most simple form of conveyance, and by Roman Law conferred full possession (^Dominium Quiritarium) in the case of Res nee Mancipi, to which alone it properly applied. But if the owner of a Res Mancipi made over the object to another, without going through the fonn of Mancipatio or In iure cessio, the new owner did not acquu-e the Dominium Quiritarium imtil the full period of Usus had expu-ed. During the intermediate period, lawyers distinguished the actual possession from the full rigiit of property by the term Dominium in bonis. 5. Adiudicatio. AVhen several persons had claims upon a piece of property, a index, or umpire, was appointed by the Praetor to make a legal division, and his award, called adiudicatio, conveyed to each individual full rigiit of property in the share allotted. A process of this nature for portioning out au inheritance among co-heirs (coheredes) was termed Formula familiae ercis- cundae; for dividing waste land among several proprietors, Formida communi dividundo ; for defining the boundaries of conterminous landholders. Formula finium regundorum, &c. ^ 6. Lex is the general term for all modes of acquu-ing property, when made over by a magistrate to the claimant, in terms of some specific law. Disposal of Property by Will.^ — Property might be lawfully conveyed and acquu-ed by Will also. The right of conveying property by Will {Factio Testamenti) belonged to all Roman citizens who were puheres and sui iuris. Under the empire, soldiers, although not sui iuris, were permitted to dispose by Will of any property they might have acquired dm'ing military seiTice (peculium casirense.) Women above the age of twelve, not In Potestate nor In Manu, might make a Will with the sanction of their guardians (Tutoribus auctoribus.) DiiTerent modes of making a Will. — In the earliest times the law recog- nised two modes only of making a will. 1. In Comitia, summoned twice a-year for the purpose, and called Comitia Calata. Of this assembly we have already spoken at length, see p. 127. 2. In Procinctu, by a soldier, publicly in the presence of his comrades, when about to go into action ; Procincta Classis being an ancient term for an army equipped and dra^vn up in battle order. These two modes were originally thought sufficient to provide for a deliberate 1 Cic. pro Caecin. 19. 26. Top. 4. Gaius II. § 42. 2 Cic. de Oral. I. .50. Ulpiau. XIX. 16. Aul. Gell. I. 9. Serv. ad Virg. Aen. VIII. S Gaius L £ 101—104. ^ 260 WILLS. or a hasty settlement, but in process of time, as early at least as the legislation of the Decemvu-s, a third was added. 3. Per aes et Ubram. When a citizen found death approaching^, and had not time to submit his Will to the Comitia Calata, he made over his -whole property according to the fomis of Mancipation (p. 258,) to a friend, who thus became the nominal heir, and at the same time gave instructions for the disposal of his effects, trusting to the good faith of the individual to whom they had been conveyed. Eventually, the first two modes of Will-making' fell into disuse, and were superseded by the tliird, which, however, underwent a material change. The maker of the Will (Testator) conveyed his property, as before, in a fictitious sale, by Mancipatio, to an individual who was introduced for form's sake, (dicis causa,) and termed fa7niliae emptor ; but, instead of giving verbal instructions to the imaginary purchaser, he had pre\'iously di"awn up a regular Amtten deed, (Tabulae Testamenti,) which he exhibited to the witnesses present, repeating the technical words, Haec ita, ut in his tahulis cerisque scripta sunt, ita do, ita le(jo, ita testor, itaque vos, Quirites, testimonium mihi perhibitote. This act was termed Testamenti Niincupatio, the word nuncupare signifying pro- perly to make a public declaration. Before the age of Justinian these forms of the Civil Law Avith regard to Wills, had been essentially modified by Praetorian edicts and imperial constitutions. The act of Mancipatio was now altogether dispensed with, and it was held suf- ficient that the written Will should be signed by the Testator, and attested by the signatures and seals of seven competent witnesses, who represented the Emptor, the Libripens, and the five witnesses of the ancient Mancipatio. ^ Conditioiis necessary to render a 'WiW valid In order that a Will might be valid, it was requisite not only that the Testator should possess the right of making a Will, (Factio Testamenti,) and should have duly performed the cere- monies above described, but also that the nomination of the Heii* (institutio heredis) should be regularly expressed (solenni more) in certain set words. Thus the regular form (solennis institutio) was Titius heres esto, for which might be substituted, Titium heredem esse iubeo, but if the words employed ■were Titium heredem esse volo, the deed was worth nothing.^ Many other legal niceties were insisted upon. Thus, if a father wished to ' isinherit (exheredare, exheredem. facer e) a son who was In Potestate it was necessary to state this expressly in established phraseology, such as, Titius flius meus exheres esto, but if he merely bequeathed his property to another without specially excluding the son In Potestate, the Will was invalid. ^ A AVill was also rendered null and void by any material change having taken place in the position of the Testator, with regard to his own family or to society at large, after tlie Will had been made. Thus, if an individual, after he had made a Will, adopted a son or married a wife Cum Conventione inManum, or if a wife In Manu, at the time of executing the Will, subsequently passed In Manum of another husband, or if a son who had been sold retm-ned under his Potestas, or if he himself suffered capitis dcminutio, any one of these circumstances was puflficient to cancel the AVill. Moreover, any Will was cancelled by another of later date — Posteriore testamento superius rumpitur. * Strictly speaking, a Will which, in consequence of some informality, was, 1 lusrin. Instit II. X. 1—3. 2G.-iius II § lie. » <;iiu» II. } \a. 127. < G;iius U i iaS-118. HEIRS. 261 from the first, null and void, was said non iure fieri ; when it was originally valid, but was rendered null by some event which happened after it had been executed, it was said rumpi s. irritum fieri. The Persons to ivhom Property was bequeathed. ^ — The general term for a person who succeeded to property on the death of another was Heres. When a person nominated as an Heii* (_institutus heres) accepted the bequest, ho was said cernere hereditatem; when he entered upon the inheritance, adire here- ditatem. A person might bequeath his property to whom he pleased, as well to slaves as to free men. If he bequeathed property to his own slave, he was com- pelled to grant him freedom at the same time, in the form Sdchus servus mens liber heresque esto. If he bequeathed property to the slave of another, the bequest was invalid unless the master of the slave gave him permission to accept and enter upon the inheritance. Claasificatiou of Deirs. ^ — Heii's were divided into three classes, according to the relation in which they stood to the deceased. 1. Heredes Sui et Necessarii., more frequently tenned simply Heredes Sui. — 2. Heredes Necessarii. — 3. Heredes Extranei. 1. Sui Heredes. A man's Sui Heredes were such of his children, whether by blood or adoption, as were In Potestate and those persons who were in lib- erorum loco. We have thus as Sui Heredes., ^ a. Sons and daughters In Potestate., but those who from any cause had ceased to be In Potestate., ceased at the same time to be Sui Heredes. A son bom after the death of his father (postumus) who, if his father had lived untU his birth, would have been In Potestate, ranked as a Suus Heres. h. A wife In Manu was a Sua Heres., because in the eye of the law she was in loco filiae. c. Grandchildren through a son — nepos neptisque ex filio — provided they were In Potestate of their gi-andfather, and provided their father had, from death or some other cause, ceased to be In Potestate. d. Great-grandchildren in the direct male line — pronepos proneptisque ex nepote ex filio nato — and so on for more remote descendants, provided the male person nearer in the direct male line had ceased by death or otherwise to be In Potestate — si praecedens persona desierit in potestate parentis esse — it being essential to the character of a Suus Heres that he should be In Potestate of the person to whom he bore that relation, and that he should not, upon the death of that person, fall under the Patria Potestas of any other person. e. A son's wife (imrus') provided slie had passed In Manum mariti, and pro- vided her husband had ceased to be In Potestate, for in that case she became in the eye of the law neptis loco. In like manner a grandson's wife might become proneptis loco, and so on for the wives of more remote descendants. Heredes Sui were also Heredes Necessarii, because they were held in law to be the heirs of the person to whom they succeeded, even if he died intestate, as we shall explam more fully in a subsequent paragraph. But although this was the strict letter of the Civil Law, they might, if the person to whom they succeeded died insolvent, by making application to the Praetor, receive permis- sion to refrain {abstinere) from accepting the inheritance, in order to save their own property, if they possessed any, from the creditors. 2. Heredes Necessarii. Slaves when nominated heirs by their masters 1 Gaius II § 18.5—190. 2 Gaius II. § 15-2— 17.3. 3Gaiu3lL § 156. III. § 1. 2G2 HEREDES — LEGATAnn. became Heredes Necessarii, being compelled to accept the inheritance ; and on this account a person who had doubts regarding his own solvency, sometimes nominated one of his slaves as his heir, in order that the disgrace resulting from the sale of his effects, {ignominia quae accedit ex vendilione ionorum,^ for behoof of his creditors, might fall upon the slave rather than upon the members of his OAvn familj. 3. Heredes Extranei. All heirs not included in the two divisions described above were classed together as Heredes Extranei. Thus, sons not In Potestate to whom their father bequeathed property ranked as Heredes Extranet., and in like manner, all sons to whom property was bequeathed by their mother, for no woman could have her children In Potestate. A Heres Extranens had fiill power either to accept or to refuse an inheritance, the act of deciding being termed Cretio. If he determined to accept he announced his resolution by the formula — Quod me Publius Titius testamento sua lieredem instituit, earn Tiereditatem adco cernoque — but if he failed to do this within a certain period he lost all interest in the bequest, or if he entered upon the administration of the inheritance without going through tliis form, various penalties were imposed by law varying witli the circumstances of the case. It was customary in drawing up a will to define the period within which the heir must make his election, and, should he fail to do so, to provide for the succes- sion, by naming one or more persons under like conditions, thus — Lucius Titius heres esto, cernitoqiie indiehus centum proximis quibus scies poterisque, quodni ita creveris, exheres esto. Turn Maevius heres esto, cernitoque in diebus cen- tum, &c. The heir first named was called Primo gradu scriptus heres, the person who, failing him, was to succeed, Heres substitutus, and of these there might be any number, He7-es substitutus secundo — tertio — quarto, &c. gradu. ^ Division of an Inheritance. — A person might bequeath his whole property to one individual, or he might divide it among several in fixed proportions. The unit of all objects wliich could be weighed, measiu-ed, or counted, was called As, and the divisions of an inheritance were expressed according to the sub- divisions of the As, as will be explained in the chapter upon Weights and Measures. I^esaia. liCgatarii. 2 — 'When a person bequeathed his property to a single individual, or to several individuals in fixed proportions, the individual or individuals was or were termed Heres or Heredes. But a Testator might not nominate an heir or heirs in this sense, but he might think fit to leave special bequests or gifts to one or more individuals, such bequests or gifts not forming a definite proportion of the whole property, but falhng to be subtracted from it before it was made over to the Heres or divided among the Heredes, or these bequests might be left as a burden upon the succession of one or more of the Heredes as the case miglit be. Such a gift or bequest was termed Legatum, and tiie person to whom it was made Legatarius, the verb Lcgare denoting the act of making such a bequest. The civil law recognised four modes in which Legata could be bequeathed. 1. Per Vindicationem, in whic-li the form was — Lucio Titio (. . . here the object was named . . .) do lego. This form was applicable to those objects only wliich were actually in the full possession of the Testator at the period of his death. 2. Sinendi Modo, in which the form was — Heres mens damnas esto sinere 1 Gaius II. § !74— 17«. 2Uaius II. § 191—2:^3. SUCCESSION TO THE PROPERTY OF AN INTESTATE. 2G3 Lucium Titium (. . . here the object . . .) sumere sibique habere. This form was appHcable not only to objects actually in the possession of the Testator at the period of his death, but also to those actually in the possession of his heir, 3. Per Damnationem, in which the form was — Heres mens (. . . here the object . . .) Lucio Titio dare damnas esto. This form was appUcable to objects in the possession of any person whatsoever, the Heres being bound either to procure the object for the Legatarius or to pay him its estimated value. 4. Per Praeceptionem, in which the form was — Lucius Titius (. . . here the object . . .) praecipito. This form was applicable only when the Legata- rius was also one of the Heredes, and it authorised him to take the object specially named beforehand, (praecipere,} and in addition to the fixed propor- tion to which he was entitled over and above. The Law of the XII Tables — Uti legassit suae rei ita ius esto — was held to justify a Testator in bequeathing his whole property in Legata, so that nothing would be left for the persons named as hehs general. Hence the Scripti Heredes if not Sui nor Necessarii, frequently refused to intromit with the estate, (ab Jiereditate se abstinebant^) and in that case the will fell to the ground, for no Legatum could be bequeatlied except through a Heres, or as it was technically expressed, Ab Herede, ^ who was bound to pay it. To provide a remedy for this grievance various legislative enactments were framed. First a Lex Furia, (of uncertain date,) which limited the amount of a Legatum, but not the number of the Legatarii; next the Lex Voconia, (B.C. 169,) which provided that no Legatarius should receive more than the Heredes ; but both of these statutes having been found defective, they were superseded by the Lex Falcidia, (B.C. 40,) in terms of which no Testator could will away in Legata more than three-fourths of his property, so that one-fourth at least was, in every case, left for the heir or heirs, and this law was still in force when Gains wrote. Iiaw of succession to the Properly of an Intestate. ^ — According to the Laws of the XII Tables, if a person died without making a will, or if his will was found to be, from any cause, invalid, the succession to his property was aiTanged as follows : — 1. The Sui Heredes (p. 261,) inherited first. The property was divided among all Sui Heredes without distinction as to proximity— parite?' ad heredi- tatem vocantur nee qui gradu proximior est idteriorem exdudlt — but the divi- sion took place, as lawyers expressed it, non in capita sed in stirpes. That is, if the intestate had been the father of two sons, one of whom was alive and Ln Potestate at the time of his father's death, while the other was dead or had ceased to be Ln Potestate, but had left three sons who were Ln Potestate of their grandfather, the intestate, then the son Ln Potestate and the three grandsons all inherited ; but the inheritance was not divided into four equal parts, but into two equal parts, the son received one-half, and the remaining half was divided equally among the three grandchildren, who thus received what would have been their father's portion had he been alive and Ln Potestate at the time of the intestate's death. So, in like manner, if an intestate left behind him — 1. A wife Ln Manu. 2. A daughter unmanied, or who, if married, had not passed Ln Manum mariti. 3. A daughter-in-law who had been married to his son Cum Conventione in Manum, but whose husband had ceased to be Ln Potestate at 1 Hence the phrase in Cicero pro C!uent,I2.EJ testamento legal grandem pecuniam a fiHo. 2 Gaius III. J 1-38. Ulpian. XXVI. 1. a & j- j . 2G-4 SUCCESSION TO Tin: ritOPERTT OF AN INTESTATE. tlic time ol' the intestate's dcitli. 4. A son (A) still In Potestate. 5. Three gnindcliiklren (hhh) InPoleslate by a son (B) who had ceased to be In Potestnlc. 6. Two great-grandchildren (c c) through a son (C,) and a grandson (D,) both of whom had censed to be In Potestali'. 7. And, finally, if the wife of tlio intestate gave birth after liis death to a ciiild (/)). Then the widow, the son A, the daughter, the posthumous child /), and tlie daughter-in-law, would each liave received onc-sevcntli of the Avholc property, one-seventh would have been divided equally among tlic three grandoliildren bbb, each receiving a one-and- twenticth of the whole, and the remaining seventh would have been divided equally among the two great-grandchildren c c, each receiving one-fourteenth of tho wliole. 2. Failing Sid ITeredes, the inheritance was divided equally among the Conscmfiuind of the intestate, that is, his brothers and sisters by the same father, but it was not necessary that they should be by the same mother. ^ A mother or a step -mother who by Conventio in Matiwn had acquired the rights of a daughter relatively to her husband, ranked in this case as a sister — sororis loco. 3. Failing Sui Ileredes and Consanguine^ the inheritance passed to the nearest Afivati — his qui proximo gradu sunt — that is, the nearest male kindred in tiic male line, and if tiierewcre several /I f/r/« B-§;?:53 g ^ S -^ :?3 .3 P J ' 3 I ' 2 c ^ S' c .21 V COGXATI — ADFI\ES — ADOPTIO, 267 To each other. b and e are Fratres or Sorores Patrueles j3 and s are Consohrini or Consobrinae „ 1 V are Amitini or Amitinae P> and ej /and c y ^^ J ■> t /• are Sohnni or Sohrinae y and/ ^ f ^and/cy) The father or mother of a Sobrinus or Sobrina is Propior Sobrino v. Sobrind to the other Sobrinus or Sobri7ia. The term Consobrini was appHed, in popular language, to the children of two brothers as well as to the children of two sisters (Gains III. § 10.) Adflnes. — Adfinitas is the connection v/hich subsisted after a legal marriage had been contracted between two parties, between the husband and the Cognati of his wife, and between the wife and the Cognati of her husband, the persons between whom the connection subsisted being termed, relatively to each other, Adjines. There were no degrees of Adfinitas recognised by law, for no legal relation existed between Adfines. The Adfines of whom we hear most frequently and for whom distinctive terms existed, were Gener, (son-in-law,) Socer, (fiither-in-law,) Nurus^ (daughter-in-law,) Socrus, (mother-in-law,) Privignus, Privigna, (stepson, stepdaughter,) Vitricus, (stepfather,) Noverca, (step- mother.) Levir is a husband's brother, and Glos a husband's sister, relatively to his wife. Adoptio. Arrogatio. — We have already had occasion to speak of adoption in connection with the Comitia Curiata ; but one consideration with regard to the persons adopted was necessarily deferred. The person selected for adoption, if a Koman citizen, might be either — 1. Sui Juris, or, 2. In Potestate Patris. 1. In the first case, it was necessary that the adoption should take place with the consent of the people assembled in the Comitia Curiata, (p. 117,) and when the adoption was completed, the individual adopted ceased to be Sui iuris, and passed imder the Potestas of his adopted father. 2. In the second case, it was necessary that his natural father should convey him, according to the forms of Mancipatio, in the presence of the Praetor, to the father by whom he was adopted. Here, strictly speaking, the former process only was an Arrogatio, because it alone included a Rogatio ad populum (p. 106.) Compare what has been said above (p. 117) on the diiferent terms employed to denote an adoption. It must not be forgotten that a son, legally adopted, stood, in the eye of the law, in the same relation in every respect to the father by whom he was adopted as a son begotten in lawful marriage. III. ACTIOXES. Definition of the term Actio. — Actio, in its strict legal sense, denotes the right of instituting proceedings in a com-t of justice for the purpose of obtaining something to which the person possessing this right conceived himself to be entitled — lus persequendi sibi indicia quod sibi debetur;^ but the word is more generally used to signify, not the right of instituting a suit, but the suit itself. The person who instituted the suit was tenned Actor or Petitor, the defendant Eeus. 1 Justin. Instit. IV. vi. 1. 268 ACTIONES — OBLIGATIONES. Classification of Acriones. — Actiones, when considered with reference to the nature and object of the claim, were divided into — ' 1. Actioncs in Personam. 2. Actiones in Rem. 1. Actiones in Personam were brought by the Actor^ in order to compel the Reus to perform a contract into which he had entered, or to make compensation for som^ wrong which he had inflicted — Cum intendimus Dare Facere Prae- stare oportere. 2. Actiones in Rem were brought to establish the claim of the Actor to some corporeal object (res) in opposition to the claim of the Reus, or to compel the Reus to concede some right, such as a Servitus, which was claimed by the pursuer and denied by the defendant. Actioncs, again, when considered with reference to the manner in which the claim was made, were di\aded into — 1. Actiones stricti iuris. 2. Actiones arhitrariae s. Ex fide bona. ^ 1 . In Actiones stricti iuris a specific claim was made either for a definite sum of money (pecunia certa) or for a particular object ; and if the pursuer failed to substantiate his claim to the letter he was nonsuited. 2. In Actiones arhitrariae, on the other hand, the claim was of an indefinite character, as, for example, in an ordinaiy action of damages ; and it was left to tlie judge to decide the kind and amount of compensation which ought in equity to be awarded. Definition of the term Obligatio. — Ohligatio, in CivULaw, denotes a rela- tion subsisting between two parties, in virtue of which one of the parties is legally bound to do something for, or permit something to be done by the other party — Dare Facere Praestare. In every Ohligatio there must be two persons at least, the person who is bound and the person to whom he is bound. These were termed respectively Dehitor and Creditor. By comparing the definition of an Actio with that of an Ohligatio it will be seen that they are correlative terms ; every Actio presupposes the existence of an Obligatio, and every Ohligatio implies an Actio. Clas^-iiication of Obligationes. ^ — All Ohligationes, considered with refer- ence to their origin, were divided into — A. Ohligationes ex Contractu, arising from a compact or agreement between the parties. B. Ohligationes ex Delicto., arising from an injury inflicted by one party on tlie other. A. Ohligationes ex Contractu. These were fourfold — a. Re. — b. Verbis. — c. Litteris. — d. Consensu. a. Ohligationes Re.* Of Real-Contracts the most important were — 1. Miitiii Datio. — 2. Commodatum. — 3. Depositum. — 4. Pignus. 1. Mutni Datio. This term was applied to the giving on loan objects which could be weighed, measured, or counted — Res quae pondere, numero, mensura constant — such as bullion, com, wine, oil, and coined money, all of which were lent on the understanding that the borrower, on making repayment, was bound to restore an equal amount of the object borrowed, but not the identical metal, corn, wine, oil, or pieces of money which he had received. The contract in this 1 OaiusIV. §2. 3. ! Oaiua IV. § 55-68. Quintil. I. O. IV. 1. VII. 3. Cic. de Invent. 11. 19. 6. Off. III. TO. pro Rose. Cumoed. 4. 3 Gains III. § H4. * Gains III. § 'M. lustin. Iiistit. III. xiv. 1. § 1—4. OBLIGATIONES, 269 case implied that exactly the same amount was to be restored as had beea received ; but from a very early period the practice of paying interest i;poa money borrowed prevailed at Rome. On this subject we sliall speak hereafter. 2. Commodatum. This term also denoted a loan ; but in this case the temporary use of some object was granted — Res utenda datur — and the boiTower was required to restore \reportare) the self-same object which had been lent, such as a horse, a slave, or the like. The Ohligatio contracted Ex Commodato was very different, in the eye of the law, from that imposed by Mutui Datio ; for in the latter case the borrower was required to restore a like quantity of the object received, even although what he had received might have been stolen or destroyed while in his possession. But if an object had been Commodatwn, and had been properly watched and used while in the possession of the borrower, he was not liable, if it was stolen, lost, or destroyed, to be called upon to replace it, unless Culpa could be proved. Thus, if a horse or a slave died of disease, or was struck by lightning, or perished by any unavoidable accident, the loss fell upon the lender. 3. Depositum. When a sum of money or any piece of property was lodged for safety in the hands of another it was termed Depositum^ and the person to whom it had been consigned was bound to restore it (reddere depositum) to the lawftd owner, provided he did not deny having received it — Si depositum non infitietur. If he refused, then the depositor might sue him by an Actio Depositi, and endeavour to prove his case. 4. Pignus. In like manner, if any one deposited a pledge (pignus) with another as a security for a loan or any other engagement, the holder of the pledge was bound to restore it as soon as the loan was repaid or the engagement fulfilled, otherwise a suit (^Actio pignoratitia) might be raised to compel resti- tution. h. Obligationes Verbis. ^ Of Verbal-Contracts the most important were — 1. Nexum. 2. Stipidatio. 1. Nexum. ^ This term originally denoted any transaction whatever entered into per aes et lihram according to the forms of Mancipatio (p. 258.) It subsequently became restricted in its signification, and Avas applied to the obligation imposed by the formal acknowledgment of a pecuniary loan, ratified by a symbolical transfer in the presence of witnesses. The process by which this Obligatio was incurred was called Next datio., the Obligatio itself being Nexum; the state or condition of the debtor was called Nexus.,^ M'hen he incun-ed the Obligatio he was said Nexum ire., and became Nexus * or nexu vinctus. An obligation so contracted took precedence of all others in ancient times ; and the law of debtor and creditor was cliaracterised by extreme harshness and cruelty. If a person who was Nexus fixiled to pay his debt at the period fixed, and if the debt was acknowledged or had been proved in court — aeris confessi, rebusque iure iudicatis — he was allowed thirty days' gi-ace. After these had expired, if he could not find any one to become responsible for him, {vindex) the creditor might bring him by force (manus iniectio') before the magistrate, by whom he was made over bodily (addictus) to the creditor. The creditor then kept him in bonds for sixty days, and during this period made public proclamation 1 Gaius III § 92—96. 2 Varro L.L. VII. § 105. Fest. s.t. Nexum, p 165. Cic. de Orat. III. 40. Aul. Gell XX. 1. Liv. II. -a. VI. 27. 34. VIII. 28. xxiii. Val. Max. VI. i. 9. 3 Nexus is here a noun of the fourth declension. 4 Nexus is here a passive participle. 270 OBLIGATIOXES. upon three market days, demanding paj-ment of his debt. If, at the end of this term, no one appeared to release the debtor, he became the slave of his creditor, who might employ him in work, or sell him, or even put him to death. Nay, if there were several creditors, the Laws of the XII Tables, if literally interpreted, gave them permission to divide the body of the debtor into pieces proportionate to the claims of each. Although there is no record of such barbarity having been actually perpetrated even in the worst times, it would appear, from the narrative of Li-sy, that in the early ages the treatment of debtors by their creditors was very cruel ; and this state of things continued until the passing of the Lex PoetiUa, (B.C. 326,) by which the condition of debtors was greatly ameliorated. It would seem that the personal slavery of a debtor to his creditor was not abolished by this enactment, but provision was made that he should be humanely treated ; the right of selling him was probably taken away, and if released from bondage — Xexu solutus — he was at once reinstated in all his privileges as a Roman citizen. 2. Stipulatio. ^ In process of time the Nexum seems to have fallen altogether into desuetude, and verbal contracts were usually concluded by Stipulatio and RestipulatiOf which consisted in a formal demand for a promise on the one side and a suitable reply on the other, the giver {Stipulator) employing the words Dari Sporides, the receiver {Restipulator) replying Spondeo. A thii'd person, named Adstipulator, frequently took part in the proceedings, who, in case of the death or absence of the Stipulator, was entitled to enforce the claim. c. Obligationes Litteris. - Of written contracts the most important were — 1. Expensi Latio. 2. Syngrapliae. 1. Experisi Latio was an entiy to the debit of one party in the account book of another party. In order to imderstand the nature and origin of this obliga- tion it is necessary to bear- in mind, that among the Romans, not only mercantile men, but every master of a house, kept regular accounts with the greatest accuracy. In doing this he was said domesticas rationes scribere — tahulas s. rationes conficere ; and to fail or be negligent in keeping such accounts was regarded as disreputable. The entries were fu-st made roughly in day-books, called Adversaria or Calendaria, and were posted at stated periods in ledgers, called Codices Expensi et Accepii, which were divided into two columns, in one of which aU sums received were entered and in the other all sums paid out Nomen was the general name for any entry, whether on the debtor or the creditor side of the account ; and hence, facere — scribere — perscrihere nomen may, according to circumstances, signify to record a sum as paid out, or a sum as received, and thus facere nomen may mean either to give a loan or to contract a debt. When any one keeping books entered a sum of money as received from any one, from Titius, for example, he was said/e/-re s. referre acceptum Titio, that is to place it to the credit of Titius ; when, on the other hand, he entered a sum as paid to Titius he was said ferre s. referre expensum Titio, that is, to place it to the debit of Titius ; and hence, figuratively, ferre aliquid acceptum alicui IS to acknowledge a debt or a favour, ferre aliquid expensum alicui is to set up a claim. Entries of a particular class were termed Nomina transcriptitia, and these were of two kinds. OMus III. §92. IIO-U. 117. 215. IV. J 113. Fest. s.v. Beus, p. 273. ' Oaiua IIL I 128—134. OBLIGATIONES. 271 (1.) Nomen transcriptitium s. Transcriptio a Persona in Personam. This was made when, A owing a sum to B, and B owing a sum to C, C, with the consent of B, entered the sum as actually paid by C to A, (2.) Nomen transcriptitium a Re in Pei'sonam, when B owed a balance to C on any transaction, and C entered that sum in his books as having been actuaUy paid to B. Towards the close of the republic the Romans frequently kept their ready money in the hands of bankers or money changers. These persons were called Argen- tarii, or, in consequence of sitting in the forum with tables or coimters before them, Mensarii s. Trapezitae. Debts were frequently paid, as in modem times, by orders on these bankers, a transaction expressed by the phrase Scribere s. Perscribere s. Solvere AB Argentario^ i.e. to write an order for payment through a banker, i.e. to give a cheque upon a banker. This will illustrate the expression in Livy, (XXIV. 18,) in reference to the trust money belonging to wards and nnman-ied women which had been lent to government — Inde^ si quid emptum paratumque pupiUis ac viduis foret, a Quaestore perscribebatur^ i.e. the money so expended was paid by a bill or cheque on the Quaestor. See also Cic. ad Att. IV. 8. XII. 51. XVI. 2. ad Fam. Vn. 23. pro Plane. 42. Hor. Epp. II. i. 45. This being premised, the entry of a sum in a regularly kept account book constituted, in law, an Obligatio Litteris. Of course, if a sum was claimed in consequence of such an entry on the Expensum side of one man's ledger, and no corresponding entry was found on the Acceptum side of the ledger of that person from whom it was claimed, some fm'ther proof than the mere entry would be demanded, and this collateral evidence would, in some cases, be derived from an examination of the books themselves. 2. Syngraphae s. Sijngrapha, i.e. bonds, formed another species of Obliga- tiones Litteris ; but these were resorted to for the most pail, if not exclusively, in transactions with foreigners. d. Obligationes Consensu.^ A consensual contract, as it is sometimes called, that is, a conti-act by mutual consent, was concluded by a simple verbal agreement between the parties, although no tangible object had been actually transferred from one to the other, no legal form of words had been interchanged, and no writing or entry been made. Of consensual contracts the most important M'ere — 1. Emtio et Venditio. — 2. Locatio et Conductio. — 3. Societas. — 4. Man- datum. 1. Emtio et Venditio, buj-ing and selling. A sale was held binding when the parties had come to an agreement as to the price, although there had been no delivery, no money actually paid, and no earnest-penny (arra) received. The giving of the Arra might be adduced as a proof that the contract had been entered into ; but it did not in itself form a necessary part of the contract. A suit brought to compel fulfilment of a contract of this kind was termed Actio Empti or Actio Venditi, according as it was instituted by the buyer or the seller. 2. Locatio et Conductio, letting and hiring. The relation between these terms will best be understood by considering their true original signification. Locare is properly applied to a party who sets down or supplies (local) some object which another party takes away (conducit) and applies to some purpose. This being premised, it is necessary to draw a distinction between the use of 1 Gaius. III. 5 135-16i. 272 OBLIGATIONES. Locare in the phrase Locare aliquid faciendum and in the phrase Locare aliquid utendum. Locare aliquid faciendum. If a party were desirous of having some article manufactm-ed by a skilful workman, he might be required to place down or supply (i. e. Locare') the raw material, whOe the artizan would be called upon to take u]i and carry away with liim (i. e. Conducere) the material so supplied. Hence, if we use the word Contract in its limited colloquial sense, both Locare and Conducere may be correctly translated by the verb To Contract. Locare aliquid faciendum is to bmd oneself to pay for the execution of a work, or in common language, To contract for the execution of a work., M'hile Con- ducere aliquid faciendum, is to bind oneself to perform a work in consideration of receiving a certain remuneration, or in common language, To contract for the execution of a work. Hence, if we say in English, that a party has made a Contract for building a house, the expression is ambiguous, but in Latin, Locare aedesfaciendas would be employed with reference to the party for whom the house was to be built, Conducere aedes faciendas to the party by whom the house was to be built, and who was to receive payment for so doing. The party for whom the work was to be performed was Locator, the party by whom the work was to be performed, Conductor s. Manceps s. Redemtor. The Locator was entitled to demand a strict performance of the terms prescribed {exigere') from the Conductor, and hence it was the duty of the Aediles and Censors, wha were the Locatores in making contracts for keeping the public buildings in repair, exigere sarta tecta, i. e. to insist that the buildings should be kept wind and water tight, and we read in Cicero of Censoriae leges in sartis tectis exi- gendis (see p. 170.) Lyocare aliquid utendum. Again, Locare may be used somewhat differently in the sense of setting do^vn or supplying some object which, for a consideration, we permit another party to make use of and enjoy for a time. Thus, in the expressions, Locare aliquid utendum and Conducere aliquid utendum, Con- ducere applies to the paying pai-ty, and Locare is equivalent to the English To let on Hire, while Conducere means To Hire, or pay a consideration for the use of an object. In this sense we have the common phrases, Locare aedes and Conducere aedes, applied respectively to the landlord, who lets the house and receives the rent, and to the tenant, who hires the house and pays the rent. 3. Societas in its widest acceptation denotes two or more persons who unite or combine for the prosecution of a common object ; in its more restricted sense it denotes a mercantile partnership or company, the individual members being termed Socii. Such were the companies of Pablicani, described above, formed for leasing the revenues. 4. Mandatum properly denotes a commission. In many cases a person might find it convenient to intrust (inandare) legal or pecuniary business to an agent or attorney, who was termed Mandatarius or Procicrator, and if any one who undertook such a task was found guilty of fraud, or even of carelessness, his principal might seek redress by an Actio Mandati. See specially, Cic. pro Hose. Amer. 38, 39. In all OhUgationes ex Contractu it is necessary to draw a very sharp line be- tween the k'gid essence of the Ohligatio and the proof. Thus, in real contracts, the delivering on the one hand, and the receiving on the other, constituted the legal obligation, but in order that an Actio, founded on this Obligatio, might - OBLIGATIONES. 273 successfully maintained, it would be necessary for the Plaintiff to prove that the object had been actually delivered to the Defendant. In verbal contracts the symbolical transfer constituted the obligation, and this was always susceptible of proof, because the presence of a certain number of witnesses was a necessary part of the form. In literal contracts the Latio Expend in the ledger of one party constituted the obligation, and if corroborated by a corresponding Latio Accepti in the ledger of the otlier ])arty, the proof was complete, but if no such entry appeared in the ledger of the Defendant, then the mere fact of the Latio Expensi standing iu the ledger of the Plaintiff could not be accepted as proof, because it might be a false entry, and hence it would be necessary to seek collateral evidence. This, as hinted above, might in some cases be afforded by the books themselves, for if those of the one party were found to have been kept in a clear, regular, and methodical manner, while those of the other were confused, imper- fect, and disfigured by erasures (^liturae,) then a strong presumption would arise in favour of the former. We now proceed to consider the second great division of Obligationes. B. Obligationes ex Delicto. ' These also were fourfold — a, Furtum. b. Iniuria. c. Damnum iniuria datum, d. Rapina s. Bona vi rapta. a. Furtum, theft.^ According to the definition of Sabinus, — Qui alienam rem attrectavit quum id se invito domino facer e iudicaxe deheret, furti tene- TUR. A distinction was drawn from the earliest times between — 1. Furtum manifestum, and 2. Furtum nee manifestum. 1. Furtum Manifestum. According to the Laws of the XII Tables, a Fur manifestus, that is, a thief caught in the fiict, if detected in plundering by night, might be lawfully put to death on the spot ; and so also a Fur manifestus by day, if he defended himself with a lethal weapon, (cum telo,) but if he did not resist, then the owner of the property might seize, scourge, and detain him in bonds. 2. Furtum nee Manifestum. By the same Code a Fur nee manifestus was compelled to restore double the amoimt of the property stolen ; but both in this case and also in the case of Furtum manifestum, the person plundered was allowed to make a private arrangement v/ith the thief. According to a very ancient usage, if a person suspected that property which had been stolen from him was concealed in the house of anotlier, he was allowed to search for it, provided he entered the liouse naked save a girdle Qicio s. linteo vinctus) and holding a large dish (lanx) with both hands. A search so con- ducted was called Furti per Lancem ei Licium Conceptio. The thief, if detected in this manner, was pmiished as a Fur manifestus, and the person in whose house the property was discovered, although not himself the thief, was bound, by the Laws of the XII Tables, to restore tln-oe times the amomit of what had been stolen, the suit for enforcing this penalty being termed Actio Furti con- cepti, while an Actio Furti oblati lay against any one who had conveyed stolen property and lodged it in the hands of another. In process of time the law against theft was in so far relaxed that in the case of a Furtum Manifestum, when not aggravated by darkness or violence, the thief was not placed under personal restraint, but wa^ compelled in an Actio Furti to restore the stolen property fomfold. 1 Gaius HI. § 182— 2-25. 2 Gaius IIL § 186. § 189. § 193. IV. § 111. A\x\. Cell. XI. 18. Plaut. Pers. I. ii. 10. T 271 OBLIGATIONES. h. Iniuria. ' An Actio Iniuriarum lay against any one who had assauUed or offered violence, not merely in deeds but words, to any Roman citizen, whether Sui Itiris, or In Potestate, or In Mann, or In Tiitela. 1. By the Laws of the XII Tables, tiie Lex TaUonis, " an eye for an eye and a tooth for a tooth," might be enforced in the case of personal injmies. This, however, was not applied universally ; for the compensation fixed for a broken bone was three Inmdred Asses if tlie sufferer was a free man, and one hundred and fifty if he was a slave, the master of the slave, in the latter case, being, in tbe eye of tiie law, the aggrieved party. For assaults of a more trifling character the fine was twenty-five Asses. 2. Mala Carmina. Famosi Lihelli. Tlie Laws of the XII Tables were particularly severe in the matter of libellous verses — Nostrae (says Cicero) duodecim tabulae^ quum perpaucas res capite sanxissent. in his lianc quoqtie sanciendam jmtaveriint, si qiiis occentavisset, sive carmen condidisset, quod infamiam facerel JJagitiumve alteri — the punishment, if we can believe Por- phyrio and other scholiasts, being flogging the offender to death. In process of time the Lex TaUonis and other penalties for Iniuria, fixed by the ancient laws, fell altogether into disuse, and Actiones for pecuniaiy compen- sation, founded upon Praetorian Edicts, were substituted. By the Lex Cornelia de Iniuriis, any one who had inflicted bodily injury upon another was liable to be crimmally indicted, and, if convicted, might be banished or condemned to work in the mines. c. Damnum Iniuria datum, ^ damage done to the property of another. It would seem that, by the Laws of tlie XII Tables, any one who in any way had damaged the property of another could be compelled to make compensation. By the Lex Aquillia, (B.C. 286,) any one who, through malice, or culpable neglect (dulo aut culpa) caused the death of a slave or any fourfooted domestic animal belonging to his neighbour, could be compelled to pay the highest price at which a similar object had been sold during the space of a year antecedent to the offence ; any other damage to tlie property of another was to be compensated for by paying the highest price which the object had borne during the space of a month antecedent. d. Puipina. Bona vi rapta. Robbery by open violence seems, in ancient times, to have been included in the Actio damni iniuria dati ; but when the crime became common during the civil wars, M. Lucullus, when Praetor, endeav- oured to repress tiiese disorders by introducing a new Actio bonorum vi raptorum, by which the robber was compelled to restore the property plundered threefold, and, in some cases, fourfold. In addition to the two great classes of Obligationes, which we have enumerated, the Roman lawyers reckoned two sub-classes, viz. : — 1. Obligationes quasi ex Contractu, and, 2. Obligationes quasi ex delicto. Examples of the Obligationes quasi ex Contractu are offered by three Actiones, founded upon them, to which we have adverted above (p. 259.) i- Actio Familiae erciscundae. 2. Actio Communi dividundo. 3. Actio Finiiim regundorum. Obligationes quasi ex delicto, ^ upon which an Actio Damni infecti might be founded, arose when any procedure, on the part of one individual thi-eatened 1 ( ic de R. IV. 10. Porphyr.adHor.Epp.il. 152. Fest. s.v. raWomi, p. 368. Aul. Cell. XVI. 10. XX. 1 i ^?'"^^'^- 5 210—219. Cic. pro Rose. Com. 11. Fest. s.v. Rupitias, p. 265. » Cic Verr. I. 56. Top. 4. 9. 10. lustin. Instit. IV. v. 1. ADMIMSTRATION OF THE LAWS — lUDICIA PRIVATA. 275 to pro%'e injurious to the person or property of another individual, in which case, the latter might call upon the former to take measures to prevent such an injury as was anticipated, or to give security that, if the injury was inflicted, ade- quate compensation would be made. THE ADMINISTRATION OF THE LAWS. All judicial proceedings were comprehended under the general term Indicia, and these were naturally divided into Indicia Publica and Indicia Privata, which correspond closely with what we designate as Criminal Trials and Civil Suits; the subject of the former being those offences which may be regarded as affecting the interests of the community as a body, such as murder, treason, embezzlement of public money, forgery, malversation in a provincial governor, and many others ; the subject of the latter being those disputes, chiefly regarding property, which arise between individuals, and in which the state has no interest beyond that of providing the means for a legal and equitable decision. Cicero (Pro Caecin. 2) points out the distinction very clearly ' — Omnia indicia, aut distrahendarum controversiarum, ant pnniendorum maleficiornm canssa reperta sunt ; but, at the same time, it must be observed that certain wrongs which among onrselves are made the gi-ounds of criminal prosecutions, were regarded by the Eomans as subjects for a civil suit only, and vice versa. Thus, during the later centuries of the republic prosecutions for theft were Indicia Privata, while adultery exposed the offender to a criminal impeach- ment. I. lUDICIA PRrV'ATA. In explaining the details of a civil suit we may consider — 1. The Persons concerned. 2. The actual Process. The persons concerned belonged to two classes. 1. The persons who decided the suit. 2. The persons who carried on the suit, i.e. the Actor and the Pens, with their counsel, agents, witnesses, &c. The Jndges iii CitiI iSiuits. — In tlie earliest ages the Kings acted as supreme judges in civil as well as in criminal trials ; and after the expidsion of the Tarquins these functions were, for a time, discharged by the Consuls. The Consuls were relieved from judicial duties after the institution of the Praetorship, (B.C. 367,) and from that time until the downfal of the republic, the Praetor Urbanus and the Praetor Peregi-inus presided in the civil courts. Some of the other magistrates, such as the Aediles and the Quaestors, had the right of acting as judges (iurisdictio) in matters pertaining to their own departments ; but all ordinary controversies between man and man were submitted to the Praetor. In the Provinces, the Provincial Governor, and in tlie cities of Italy which adopted Koman forms, the chief magistrate had Iurisdictio, and exercised the same powers as the Praetor at Rome. Mode ill vfhich the Praetor exercised Jurisdiction. — In very simple causes the Praetor at once decided the matter in dispute, and the process was termed Actio Extraordinaria ; but in the great majority of causes, hence termed 1 Cicero employs the phrases Indicia Privata (Top. 17) and Causa Publica; fpro Rose. Amerin. 21 ;) but it seems doubtful whether the technical division into Indicia Publica and ludicia Privata was recognised until employed in the writings of the jurists of the empire, and even by them the former term is used in a restricted sense (Macer. Digest XL. i. 1.) The words of Ulpian (Digest. I. i. 1,) clearly points to the division adopted above— Pddliccm JDS etl quod ad stalum rei Rumanae spectat. Pn'VATr-v. ouod ad sin^ulorum utilttatein. 276 TUDICIA PRIVATA. Actiones Ordinariae, he appointed one or more umpires, for whom the general term is Index, to inquire into the facts of the case, and to pronounce judgment ; but he previously instructed the Judex as to the points of law involved, and laid down the principles upon which the decision was to be based. After the Judex liad pronounced judgment, it became the duty of the Praetor to give effect to that judgment. Hence the jiirisdiction of the Praetor was said to be expressed by three words Do, Dico, Addico. Dabat Actionem et Indices, he gave permission to bring the suit into court, and appointed one or more umpires. Dicehat Itis, he laid down the law for the guidance of the Indices. Addicehat Bona vel Damna, he gave effect to the decision of the Indices by fonnally making over the property in dispute to the la^vful owner, or by awarding compensation for an injury sustained. To these words Ovid refers in his defini- tion of Dies Fasti and Dies Nefasti, when he says — Ille Nefastus erit per quem Tpja Vkrba silentiu-. Fastus erit per quern lege licebit agi.^ The Praetor had fidl powers, in virtue of his office, to take all the steps described witliout consultation with others ; but, for his own satisfaction, he frequently souglit the advice of those who were learned in the law, and who, when called in to assist him, were termed his Consiliarii or Assessores. ^ The ludiccs in Civil Suits were distinguished by different names, according Jo the manner of their election, and the nature of the duties which they were called upon to discharge. 1. Indices in a restricted sense. When tlie question turned upon a simple matter of fact, the parties themselves, or, if they could not agree, the Praetor, nominated a single umpire, who, under these circumstances, was named specially Index. 2. Afiitri. When, in addition to simple matters of fact, it was necessary for the umpire to pronounce ujion questions of equity, he was termed Arbiter. Hence, a Index would be appointed in an Actio stricti iuris, an Arbiter in an Actio exjide bona, (see p. 268,) and a lawsuit, when founded on Actio stricti iuris, was termed Indicium, when founded on Actio ex fide bona, was termed Arbitrium. ^ 3. Centumviri. Matters of an important and complicated nature were usually refeiTcd by the Praetor to the judicial college of the Centumviri. This consisted of individuals elected annually, probably in the Comitia Tributa, three from each of the thirty-five Tribes, making in all one hundred and five, or, in round numbers, Centumviri. Tlie period when this body was instituted is unknown. The name cannot be older than B.C. 241, for then first the Tribes were increased to thirty-five ; (p. 6'8 ;) but a similar board may have existed at a much earlier epocli, (see Liv. HI. 55,) in the Decemviri Stlitibus iudicandis, of whom we have spoken above, (p. 196,) and may have been gi-adnally augmented. We are unable to determine the precise limits of their jurisdiction, which appears, in certain cases, to have extended even to criminal trials ; but it would appear that causes connected with wills and successions were very frequently submitted Ovid. Fast. I. 47. Macrob. S. I. 16. Varro L.L. VL 5 30. •Oic. pro i'lanc. 38. de Orat. I. 37. in Verr. II. 29. See Cic. pro Koscio Comoed. 4. where these distinctions are fully e.\plained, and comp. rUDICIA PRIVATA. 277 to tiiem, and, in addition to these, Cicero (De Orat. I. 38) gives a long, but, as he himself indicates, by no means a complete catalogue of Causae Centum- virales. In later times, under the empire, the Praetor himself sat as president in the court of the Centumviri; their numbers were increased to one hundred and eighty, and they were divided into two, and sometimes mto four, sections, {quadruplex iudicium,') which, in certain cases, judged separately. ^ When the Centumviri sat in judgment (Centumvirale Iudicium) a spear was set upright before them, and hence the phrases Iudicium hastae — Cerdumviralem hastam cogere — Centum gravis hasta virorum — Cessat centeni moderatrix iudicis Jiasta, &c.^ According to the explanation of Gains, (IV. § 16,) the Hasta, being a symbol of legal right of ownership, (iusti dominii,) was held to be a suitable emblem for a court which settled conflicting claims — maxime enim sua esse credebant quae ex hostibus cepissent : unde in Centumviralibus iudiciis hasta praeponitur. 4. Recuperatores. Tliis name was originally given to a mixed body of commissioners, appointed by a convention between two states for the purpose of adjusting any claims and disputes which might have arisen between the members of those states. Subsequently a judicial corjjoration, consisting of three or five~ individuals, who bore the name of Recuperatores, was established at Kome, under the immediate control of the Praetor Peregrinus, for the purpose of acting as umpu-es in suits in which Peregrini were concerned. In trials before the Recu- peratores all those tedious and complicated formalities which characterised ordinary processes between citizens, were dispensed with ; and hence, it would appear that when a speedy decision was desired, the parties, although both Roman citizens, sometimes, by mutual consent, submitted their cause to the Recupera- tores. ^ i. '1 lie Parlies in Civil Snits. — The parties in a civil suit were, as already mentioned, the plaintiff, termed Actor s. Petitor, and the defendant, tenned Retis s. Adversarius, the name Adversarius being, however, applicable to either party. It was not essential that the parties should appear in person, either or both might conduct their case by means of an agent, who, according to circumstances, was styled Cognitor or Procurator. A Cognitor appears to have been named in court, with certain formalities, in the presence of both parties, and hence the party for whom he appeared became at once responsible for his acts. A Pro- curator, on the other hand, was not necessarily named in court, and might be appointed without the knowledge of the opposite party, and therefore was obliged himself to give security that his acts would be adopted by his principal. W«, shall reserve our remarks upon the counsel {patroni) employed to plead, until we treat of criminal trials. Before considering the regular steps of a suit, it is necessary to explain the signification of two terms closely connected with the history of civil processes. These are Legis Actiones s. Actiones Legitimae and Formulae. I^egis Actionem — In the earlier ages of the republic, when a party instituted a suit against another, he was obliged to make his claim according to a certain prescribed form of words, derived directly from the law upon which the claim was founded, and to this form it was necessary to adhere strictly. The form 1 Cic. delepf. agr. II. 17. Ovid. Trist. II. 91. Phaedr. III. x. 35. Plin. Epp. I. 5. 18. II. 14 IV. 24. V. I. VI. 4. 33. IX. 2.J. Quintil. I. O. IV, i. 57. V. ii. I. VII. 2. XI. 1. XIL 5. Dialog, de causis C. E. 38. Val. Max. VII. viii. 1. Suet. Oct. 36. Aul. Gell. XVI. 10. Paul. Diac. s.v. Centumiiralia iudicia, pp. 54. 64. 2 Fest. s.y. iJeciperarto, p. 274. Llv. XLIIL 2. Cic. in Verr. IIL 11. Gaius I. § 104. 278 rUDICIA PIJIVATA. employed was termed Legis Actio, and the person who employed it was said Lege Agere. The Legis Actio varied according to the nature of the case ; and if any ])laintiff selected a wrong Legis Actio, or departed a hau-'s breadth from the precise words of the proper form, he was at once nonsuited — eo res perducta est, tit, vel qui minimum errassct, perderet (Gains IV. § 30.) The knowledge of these forms was, for a long period, confined to the Patricians and especially to the Pontifices, and hence the whole administration of the Civil Law was, for a lengthened period, virtually in their hands. Gaius (IV. § 12) enumerates five classes of these Legis Actiones — Lege autem agebatur modis quinque: Sacra- mento: Per ludicis Poslidationem : Per Condictionem : Per Manus Liiec- tionem : Per Pignoris Captionem. 1. Sacramento. So called, because at the commencement of the process, each of the contending parties deposited or gave security for a certain sum, called Sacramentum, which was forfeited to the public by the loser. According to the Laws of the XII Tables, the amount of the Sacramentum was oOO Asses in suits where the value of the property in dispute amounted to 1000 Asses or upwards, and 50 Asses when the value was below 1000 Asses. The parties icsorting to this kind of Legis Actio, which appears to have been applicable to a great variety of cases, were said Contendere Sacramento. The term Sacra- mentum may have been adopted in consequence of the parties ha\'ing been originally required to take an oath upon depositing the sum, or from the circum- stance of the forfeited deposit having been originally applied to holy purposes. See Varro L.L. V. § 180. 2. Per ludicis Postulationem. Wlien both pailies, by mutual consent, appeared before the Praetor and requested him to name a ludex. 3. Per Condictionem. When the plaintiff formally summoned the defendant to appear before the magistrate on the thirtieth day after the summons, for the purpose of choosing an umpire — Actor adversario denuntiahat, ut ad iudicem capiendum die tricesimo adesset. 4. Per Manus Iniectionem. When a party had been judicially sentenced to pay a sum of money to another, and had failed to discl)arge the debt within thirty days, then the creditor was entitled — lege iudicati — to lay hands upon the defaulter and bring him by force before the magistrate, with the view ot compelling payment. The Legis Actio per Manus Iniectionem was, by subse- ([uent laws, extended to various cases in Avhich there had been no previous judicial sentence. These are enumerated by Gaius IV. § 21 — 26. 5. Per Pignoris Captionem. In certain cases a creditor was entitled to distrain the goods of his debtor witliout a judicial sentence, provided he made use of certain prescribed forms. This Legis Actio was permitted to a soldier or an Eques, when tlie parties bound to furnish Stipendium or Aes Hordearium had failed to perform the obligation, to the seller of a victim for sacrifice, and to Puhlicani, when tax payers failed to pay a legal impost. See Gaius IV. § 26 — 29. comp. Cic. in Verr. III. 11. Formulae. — Tile difliculties, and inconveniences, and uncertainties attendant upon the employment of the Legis Actiones were so numerous and became so insupportable, that as lawsuits became more frequent and more complicated, they gradually fell iuto desuetude, and at length, by a Lex Aehutia and two Leges Jidiae, (the precise date of these enactments is unknown,) they were formally ahoiislied, except in a i^w special cases, and the procedure by Formulae s. Verba Concepta substituted. The grand distinction between the use of L.egis Actiones and Formulae con- lUDICIA PRrV'ATA. 279 elsted, originally, in this, that while the former were selected and employed by plaintiffs at their own risk, the latter proceeded trom the supreme judge, and were, in fact, carefully worded instructions to the hidex, adapted to the circum- stances of the case, after these had been ascertained from the statements of the parties. Indeed, the Formulae^ in many instances, corresponded closely M'ith what we term the Issues submitted to a jury, when trials by jury are resorted to in civil suits. Eventually, indeed, the Formulae adapted to cases of a particular class became fixed, and the number of these established Formulae was constantly increased by the annual Edicts of the Praetors, by whom new Formulae were, from time to time, introduced to meet new circumstances. In the days of Cicero these established Formulae had accumulated to such an extent that the orator declares tiiat provision had been made for every possible contingency ; and it appears, that at this period, the plaintiff was in the habit of selecting the Formula according to which he wished his case to be tried, although the technical precision of the Lefjis Actiones was no longer essential — Sunt iura, sunt formulae de omnibus rebus constitutae, ne quis aut in genere iniuriae, aut ratione actionis errare possit. Expressae sunt enim ex unius cuiusqiie damno^ dolore^ incom- modo, calamitate, iniuria, piiblicae a Praetore Formulae, ad quas privata lis accommodatur. Cic. pro Rose. Comoed. 8. Formulae were divided into two classes — 1. Formidae in lus conceptae. 2. Formulae in Factum Conceptae. The former were employed when the facts of a case were admitted, and it was necessary merely to determine the legal consequences or results of those facts, and whether, in the eye of the law, any damage had been sustained by the plaintiff, and if damage had been sustained, to decide the amount. The latter were employed when the Index was called upon to decide with regard to the truth of conflicting statements as well as on the legal validity of the claim. An example of each, taken from Gaius (IV. § 47) will make the nature of the Formulae belonging to each class sufRciently distinct. In what follows it is to be observed that Aulas Agerius and Numerius Negidius are fictitious names representing an imaginary Actor and Reus. 1. Index esto. Quod Aldus Agerius apud Numervum Negidium mensam argenteam deposuit, qua de re agitur, quidquid ob earn rem Numerium Negidium Aulo Agerio dare facere oportet ex fide bona eius, id iudex Numerium Negidium Aido Agerio condemnato Si non paret; absolvito. 2. Iudex esto. Si paret, Aulum Agerium apud Numerium Negidium mensam argenteam deposuisse, eamque dolo malo Numerii Negidii Aula Agerio redditam non esse, quanti ea res erit, tantam pecuniam iudex Numerium Negidium Aulo Agerio condemnato : si non paret, absolvito. Form of Process in a €ivil Suit. — Although it is manifest that the form of j)rocess must have undergone many changes in details during the long period which elapsed from the foundation of the city to the downfal of the constitution, and must have been nmch influenced by the gradual transition from the Legis Actiones to the Formidae; yet, in so fiir as om- authorities enable us to judge, it appears to have varied little in its general outline. It always consisted, as may be inferred from what has been said above, of two parts — 1. Proceedings before the Praetor, said to be In lure. 2. Proceedings before the ludex^ said to be In ludicio. 280 lUDICIA. PRIV^VTA. Proceedings in lure. — It mnst be bome in mind, that no suit could La brought into court except upon a Dies Fastus, and the knowledge of these was jealously guarded by the Pontifices until betrayed, along with other secrets, by Cn. Flavius (p. 244.) The Praetor, during tlie earlier ages, administered justice in the Comitium, (p. 12,) seated on his Sella CuriiUs, which was placed upon an elevated platform, termed Tribunal, around which, but on a lower level, a number of seats, called SubselUa, were arranged for the convenience of the parties who had business to transact. Towards the close of the republic and under the empire the Tribunal of the Praetor was usually placed in one of the stately Basilicae (p. 19,) which siu-rouuded the Forum. Vocatio in Ins. The first procedure on the part of the plaintiff was to summon the defendant to appear before the Praetor, (vocare in ius,) and in case of a . refusal or an attempt to escape, the plaintiff was authorized, by the Laws of the XII Tables, to drag him to the judginent-seat by force ; but he was required, in the first place, to call upon a bystander to bear witness (antestari) to the facts. This ancient practice seems to have been in force even when Horace wrote, as we gather from the well known scene at the conclusion of Sat. I. ix. A defendant could not, however, be dragged from his own house ; but if it could be proved that he was wilfully concealing liimself, in order to avoid an appearance in court, the Praetor miglit confiscate his property for the benefit of the plaintiff — Actor in bona mittehatur. A defendant was not obliged to appear personally if he could find another to undertake his cause, and such a representative was originally termed Vindex. The Vindex^ who, in ancient times, gave surety that tlie defendant would be forthcoming when necessary, seems gradually to have passed into the Cognitor or Procurator. Intenlio. Actionis Postulatio. Exceptio, &c. The parties having appeared before the Praetor, the plaintiff made a statement of his claim, (^Tntentio,') and asked leave to bring the suit into com-t (^Actionem postulabat.) The defendant then simply denied his liability, or gave in a plea in law (^exceptio.) The Praetor, if he required further information, might order the plaintiff to answer the Exceptio, which was done by a Replica tio, and to this, again, the defendant might make a rejoinder, called, at this stage, Duplicatio, and the DupUcatio might be followed by Triplication a Quadruplicatio, &c. If the Praetor considered that a prima fiicie case had been made out, he gave the plaintiff leave to bring his suit into court, (dubat Actionem^') and the plaintiff then declared what Actio he intended to employ {edebat Actionem.') After the Formulae were substituted for the Legis Actiones, the appropriate Formula was selected sometimes, as we have seen, by the Praetor, more frequently in later times by the plaintiff. ludicis Datio. Comperendinatio. These preliminaries having been con- cluded, the parties were required to present themselves again before the Praetor, and the Lex Pinaria (Gaius IV. § 16) fixed that this second appearance should take place within a limited period after the first. If the parties, during this interval, had been unable to come to any arrangement, then the Praetor referred tiie matter to a Index, an Arbiter, or the Ccntumviri, as the cause might require ; and the parties were obliged to prosecute their suit on the next day but one — Dies Perendini — Dies Comperendini — and hence the term Comperen- dinatio. Litis Contestatio. This finished the proceedings before the Praetor, that is, the proceedings in lure, and the whole of these proceedings were comprehended lUDICIA PRrV^ATA. 281 under the general term Litis Contestation a phrase which seems originally to have been confined to the notice given by both parties to their witnesses to appear before the Index. At this stage the cause was termed by jurists Indicium, acceptum s. ordinatum. Vadimonium. At different stages of the proceedings in iure the plaintiff might call upon the defendant to give bail — Dare Vades — Dare s. Facere Vadimonium — for his appearance, and in so doing was said Vadari Reum, that is, to hold the defender to bail, or to let him go on his sureties. When the defendant appeared at the appointed time and place he was said Sistere s. Obire Vadimonium; but if he failed to appear, he was said Deserere Vadimonium; the cause was called Indicium desertum, and the Praetor at once gave judgment for the plaintiff. Generally, at any stage in the suit, either in iure or in iudicio, if one of the parties failed to appear personally or by his agents witliout being able to allege a valid apology, (iusta excusatio.,) then the judgment was givea by default in favour of the opposing party, Vades. Praedes. Sponsores. These words may all be rendered by the English Sureties. According to Ausonius and Paulus Diaconus, Vas denotes a surety in a Res Capitalis ; Praes, a surety in a Civil Suit. Quis subit in poenam Capital! Iudicio ? Vas — Quid si Lis ftierit Nummaria, Quis dabitur ? Peaes, But it cannot be proved fi-om classical writers that this distinction was observed either in legal phraseology, or in the language of ordinaiy life.^ Praedium originally signified any property which a Praes assigned in security to the state, but in process of time was used in a general sense for Landed Property. Prae- diator, as we learn from Gaius,^ was one who bought from the people a Praedium which had been pledged to them. Sponsor was a person who became surety to a Creditor for the performance of an Obligatio on the part of a Debitor (p. 268.) When there were several Sponsores jointly bound, they were called relatively to each other, Consponsores. A surety, according to the nature of the Obligatio, was sometimes termed Sponsor, sometimes Fidepromissor, sometimes Fideiussor.^ Proceedings in Iudicio. — The parties appeared on the appointed day before the Index, who took an oath to decide impartially, and was usually assisted by persons of high reputation learned in the law — His, quos tihi advocasti, viris electissimis civitatis — are the words of Cicero when addressing a Index (Pro Quinct. 2.) A statement of the case was then made by both parties, (Causae Collectio s. Coniectio,) evidence was adduced, both oral (Testes) and documentary, (Tabulae — Epistolae — Codices — Rationes,) depositions were read, (Testimonium red- tare,) the advocates (Patroni) commented at length upon the details ; and after a full hearing, the Index or Indices pronounced sentence at once, or, if doubts still remained, put off the cause (proferre indicium) for further debate, and this was sometimes repeated again and again (saepins prolato indicia, Cic. pro. Caec. 4.) The final sentence, when in favour of the plaintiff, was tenned Condemnatio, when in favour of the defendant, Absolntio. 1 Varro L. L. VI. § 74. Auson. Eidyll. XII. Paul. Diac. s. v. fadem p. 377. s. v. Manceps PL 151. Pseud. Ascon. in Cic. in Vtrr. Act. II. i. 4a .'J4. 2 Gaius II. §fil. comp. Cic. ad Att XIL 14. 17. pro Balb. 20. VaL Max. VIII. xii. 1. Suet, Claud. 9. 3 Gaius IIL § 115. 282 ICDICIA PRIVATA. Tindiciae. Tiiidicaiio. — The proceedings detailed above were common to Actiones in Rem and Actiones in Personam alike. But in Actiones in Rem, the Plaintiff, upon receiving leave to bring his suit into court, usually made a claim ( Vindiciae) for temporary possession of the object in dispute until the suit should be finally settled ; {pendente lite;) this was commonly met by a counter claim on the part of the Defendant, and the Praetor was called upon, in the first instance, to decide upon tliis preliminary claim. The technical term for a claim of tliis nature was Vindiciae, the act of making the claim Vindicatio s. Postulatio Vindiciarum, the discussion which followed Lis Vindiciarum, the Praetor, in pronouncing his decision, was said Dare s. Dicere Vindicias secun- dum alterum, and tlie party to Avhom he awarded temporary possession was said Ferre Vindicias. Tlius, if it were asserted that an individual, who was living as a slave in the possession of a master, was in reality a freeman and ought to be set at liberty, or, vice versa, if it were asserted that an individual, nominally free, was in reality a slave, then the Plaintiff in the former case would be said Vindicare s. asserere in Ubertatem s. liherali causa, in the latter case Vindicare in servitutem, and according as the Praetor decided that the individual whose freedom was in dispute, should, during the prosecution of the suit, be treated as one free or one in slavery, he was said Dare Vindicias secundum Ubertatem or Dai'e Vindicias secundum servitutem s. Dicere Vindicias ah lihertate. See Liv. III. 44. 47. 57. The party in whose favour the Vindiciae had been pronounced, was required to give security that the object should suffer no loss or damage until the pro- ceedings were closed. This act was expressed by the phrase Dare Praedes Litis et Vindiciarum. Forms obserred in a Tindicatio. — When the object claimed was moveable, it was produced in court before the Praetor ; the claimant, {qui vindicabat,) holding a rod, called Festuca s. Vindicta, in his hand, laid hold of the object, a slave, for example, saying — Hunc ego hominem ex iure Quiritium meum esse aio secundum suam caiisam lit dixi — and then touching him with the rod, added — Ecce tihi Vindictam imposui. The Defendant {adcersarius) did the Hke. "\Mien the object was not moveable, a piece of land, for example, it was the practice at an early period, in accordance witli the rule prescribed in the Laws of the XII Tables, for the parties to proceed along with the Praetor to tlie land which was claimed by botli, and tliere to commence a mock struggle, (jnanum conserere,) eacii endeavoming to drag (deducere) his opponent oft' the groimd ; tills species of ejectment being termed Vis Civilis s. Quotidiana. At a later epoch, when the extent of the Iloman territory and the press of business rendered it impossible for the magistrate to visit the spot, the parties having appeared before him, summoned each other to repair to the ground for the purpose of struggling to gain or keep possession of it — Tnstitutum est contra XII Tabulas ut litigantes non in iure apud Praetorem manum consererent sed ex iure manum consertum vocarent, id est, alter alterum ex iure ad manum conserendam vocaret — (Aul. Cell. XX. 10.)— and having gone forth, they brought a clod (gleba) of eartli from the disputed land, and placing it in the court, before the Praetor, went tin-ough the forms of Vindicatio m reference to this as a repre- sentative of the whole estate. Eventually a fiction was substituted for the act of proceeding to the ground. The claimant summoned his opponent in these wfirds — Fundus, qui est in agro, qui Sabinus vacatur, eum ego ex iure Quiri- tium meum esse aio, hide ego te ex iure manum consertum voco — the Adver- rUDICLl PRIYATA. 283 sarius replied — Unde tu me ex hire manum consertum vocasit, inde ego te revoco ^ — the Praetor then ordered them to go forth, each attended by his witnesses — Suis utrisque superstitibus^ praesentihiis, isiaiti viam dico: inite viam — the parties then made a few steps as if to depart, when the Praetor called upon them to return in the words — Eedite viam — and then the ceremonies of the Vindicatio proceeded. Observe that Conserere Manum originally indicated the actual contest, and hence Conserere Manum in iure became the technical phrase for laying claim formally, in court, to property, while Conserere Mnnnni ex iure is to be explained from the practice of quitting, or pretending to quit, the court (on tliis see Aul. Gell. XX. 10.) Sacramentum. After the Plaintiff had made his claim and the Defendant his counter claim, in Actiones stricti iuris, the Plaintiff deposited a sum of money, termed Sacramentum, and challenged his opponent to do the like, using the words — Quando tu iniuria vindicavisti D aeris sacramenio te provoco, to which the Adversarius replied — Similiter ego te, &c. The amount of the Sacramentum was fixed by the Laws of the XII Tables. Formula Petitoria. !<»ponsio. — After the Legis Actiones fell into disuse, the Vindicatio and Sacramentum were, in a great measure, superseded by the Formula Petitoria, or by the Sponsio. In the Formula Petitoria the Plaintiff laid claim to the property — Petitoria Formula haec est qua actor intendit rem suam esse — and the parties mutually called upon each other by Stipidatio and Restipnlatio (p. 270) to give security that they would be prepared to fulfil the decision of the com-t (Judicatum solvi.) The Sponsio, again, was a sort of judicial wager, of wliich one of the forms has been preserved by Gains — (IV. § 93) — Si homo, quo de agitur, ex iure Quiritium meus est, sestertios viginti quinque nununos dare spondes — to which the Adversarius replied — Spondeo. When the Sponsio was made by one party only, as in the above example, it was termed Sponsio Praeiudicialis, and was adopted merely as a convenient form of bringing the matter to an issue, the sum not being exacted if the Plaintiff was successful. In otlier cases, however, mentioned by Gaius, the Sponsio was mutual, and took the form of Stipidatio and Restipulatio ; the amount named was forfeited by the losing party, as in the case of the Sacramentum^ and the term emploved was Sponsio Poenalis (Gaius IV. § 13. 141. 171. Cic. pro Rose. Comoed. 4.) luterdictum. ^ — In some particular cases, those especially which refei-red to the possession of an object, a Plaintiff, instead of bringing an action in the regular form, applied to the Praetor to issue, in the first instance, an Interdictnm or summary order to secure the rights of the applicant, by preventing any thing fi-oni being done to deteriorate or injure the object in question. Strictly speaking, a judicial order by the Praetor, commanding something to be done, was termed Decretum ; an order forbidding something to be done, Interdictum ; but Inter- dictum is constantly employed by jurists to comprehend both. Interdicta were applied for when some MTong had been done, or was likely to be done, wliich it was necessary to redress or prevent at once, without waiting for the ordinary teclniicalities in iure and in iudicio. Interdicta, according to their character, were divided into three classes — ■ 1. Restitutoria. 2. Exliihitoria. 3. Proldhitoria. • 1 Cic pro Jluren 12. 2 Fest. s V. Stipe rstites, p. 305. 3 Gaius IV. § 13. 284 lUDICIA rUBLICA. 1. If tlie actual possessor of a property liad been forcibly ejected (vi, hominihui armalis) by a claimant, the person so dispossessed might apply for an Inier- dictum Eestitutorium, ordering him to be reinstated imtil the rights of the parties had been decided by a competent court. The speech of Cicero pro Caecina is chiefly occupied with an argument concerning an Interdictum Restiiutorium. 2. If any one had gained possession of a person or of a thing which was the subject of conflicting claims, and if there was reason to apprehend that the person or thing in question might suflFer irreparable injury if allowed to remain in the custody of the Defendant until the suit was decided, the Plaintiff might apply for an order to have the object produced in coirrt, and such an order was an Interdictum Exhibitorium. 3. In like manner, if the value of an estate was likely to be materially lessened by some meditated act of the person in possession, such as cutting down timber, uprooting vineyards, or the like, an Interdictum Proliibitorium might be applied for, forbidding any such act. The object of an Interdiclum was manifestly to prevent any wrong from being suffered by either of the pai'ties in a suit imtil their respective claims were decided, and did not in itself prejudge those claims which were to form the subject of a deliberate independent discussion. But an application for an Interdictum often led to a preliminary lawsuit, for the Praetor might refuse to grant it until he had heard tlie opposite party, and miglit eventually refer the propriety of granting or refusing it to the decision of a Index. Even after an Interdictum had been granted, questions frequently arose as to whether the order of the Praetor had been duly obeyed, and on this question a separate litigation might arise, with protracted proceedings both in iure and in iudicio. The subject of Interdicta is somewiiat difiicult and complicated, and those who desire full information will do well to study the Chapter of Gains (IV. § 139 — 170) devoted to this topic, and the remarks of Savigny in his Das Recht des Besitzes. II. lUDICIA PUELICA. Criminal Jurisdiction of the Kin^s. — In SO far as Our authorities permit us to investigate this obscure period of Roman history, it seems clear that the Rings were the supreme judges in all criminal trials, and that their sentence was final. It would appear that they exercised this power in cases of importance only, those of trivial character being committed to the decision of the Senate. ' The King, moreover, might, if he thought fit, delegate his authority to commis- sioners, as took place when Horatius was tried for the murder of his sister ; and when this was tiie case the accused had the right of appealing from the commis- sioners to the Comitia Curiata. ^ When the King judged in person it was usual, but not imperative, for him to have the assistance and advice of a Consilium, composed of tlie wiiole or of a portion of the Senate ; ^ at least we find it made the subject of complaint against tiie elder Tarquin, that he dispensed with the aid of a Consilium in criminal trials of importance — Cognitiones capitalium rerum sine ConsiUis per se solus exercehat (Liv. I. 49.)* What the power of the Consilium may have been it is impossible to determine; but, probably, althougli it might advise and guide, it could not control nor gainsay the resolu- tion of the monarch. 1 Dionys. IL 11. 29. 53. 5G. III. 73. IV. 5. 25. 36. 42. 62. Liv. I. 26. 40. 41. 2 ).!v. I. 2fi. 3 Dionys. III. 26, Zonaras VII. 9. * So with regard to Koinulus, Dionys. II. 56. lUDICIA PUBLICA. 285 Criminal Jurisdiction of the Consuls and other JRIagistrates. — Upon the expulsion of the Kings the whole of the authority which they had enjoyed was transferred, in the first instance, to the Consuls, and consequently the latter, at the commencement of the republic, succeeded to the judicial functions pf the former, and jointly exercised the power of life and death, as in the proceedings against the sons of Brutus. * This excessive power was, however, speedily limited, and in process of time altogether neutralized, chiefly by the Tus Provo- cationisi which we have already defined, in general terms, (p. 81,) to have been the right possessed by every Roman citizen of appealing to the people in their Comitia from the sentence of a magistrate in any matter which involved life, corporal punishment, or a permanent loss of political and social privileges. Origin and Development of the lus Provocationis. — It was positively asserted in certain priestly books, extant in the time of Cicero, that there was right of appeal even under the Kings — Provocationem autem etiam a Regibus fuisse declarant pontijicii libri, significant etiam nostri augurales (Cic. de E. II. 31) — but, if it existed at all, ^ it must originally have been enjoyed by the Patricians alone, who would appeal to the Comitia Curiata. That a similar provision in favour of the Plebeians also may have been made upon the institu- tion of the Comitia Centuriata is highly probable, but the rights of all classes alike would be altogether disregarded during the tyrannous dominion of the second Tarquin. The right of Provocatio was revived and extended so as to include all classes of citizens, Plebeians and Patricians alike, by the Lex Valeria, of Poplicola, passed B.C. 509, immediately after the expulsion of the Kings — Poplicola . . . legem ad poptdum tidit earn quae Centuriatis Comitiis prima lata est, ne quis JIAGISTRATUS CrV'EM ROMANUM ADVEESUS FROVOCATIOXEM NECARET NEVE VERBEEARET, (Cic. dc R. II. 31,) ^ and tliis law was always regarded by the Romans as the Magna Charta of their* freedom. It was subsequently renewed, and its provisions made more stringent by the following statutes : — Lex Valeria et Horatia, passed by L. Valerius Potitus, and M. Horatius Barbatus, when chosen Consuls B.C. 449, upon the abdication of the Decemvirs, which enacted — Ne quis idlum magislratum sine Provocatione crearet: qui creasset, eum ius fasque esset occidi: neve ea caedes capitalis noxae haberetur (Liv. III. 55. comp. Cic. de R. II. 31.) Lex Duilia, passed in the same year with the above, by M. Duilius, Tribune of the Plebs, which enacted — Qui Plebem sine Tribunis reliquisset, quique magistratum sine Provocatione creasset, tergo ac capite puniretur (Liv. III. 55.) Lex Valeria, passed by M. Yalerius Coitus, when Consul, B.C. 300, which is noticed by Livy (X. 9) in the following terms — Eodem anno M. Valerius consul de Provocatione legem tulit, diligentius sanctam. Tertio ea turn post reges exactos lata est, semper a familia eadem. Causam renovandae saepius haud aliam fuisse reor, quam quod plus paucorum opes, quam libertas plebis, poterant. Porcia tamen Lex sola pro tergo civium lata videtur : quod gravi 1 Dionys. IV. 73. V. 8. X. 1. Liv. II. 1. 4. Cic. de R. II. 32. Val. Max. V. viii. 1. Cas- siodor. Var. VI. 1 2 In the case of Horatius, as detailed by Livy, (I. 26,) the King nominated, in accordance with an existing law — secundum legem — two commissioners .dinimriri) to try the accused ; but the same law which provided for the nomination of Duumi-iri by the King to act as judges in cases of Perduellio expressly allowed an appeal from these Duumiin—D\3Vii.yiKi Ferduellio>em iddicem. Si a Dhumviris phovocarit, provocatione ckbtato. 3 .See also Liv IL 8. IIL 55. X. 9. Val. Max. IV. i. 1. Dionys. V. IS). Pompon. Digest. L ii. 2 § 16. 28G lUDiciA punLicA. poena, si quis verberasset necassetve civein Romanum, sanxit. Valeria Lex, ijniim eum, qui provocasset, virgis caedi securique necari vetuisset, si qiiii udcersus ea fecisset, nihil ultra quam improhe factum, adiecit. Id Qpd turn 2)udor liotninum erat) visum, credo, vinculum satis validum legis. A Lex Porcia, whose tenor was similar to that of those mentioned above, is mentioned by Livy in tlie passage just quoted, and is alkided to both by Cicero and Sallust. ' It is generally believed to have been passed by P. Porcius Laeca, who was Tribune of the Plebs B.C. 197. Ti)e chief evidence for assigning it to him is derived from a denarius, of which we annex a cut, representing on one side the usual helmeted head of Rome, with the legend P. LAECA, and on the other an accused person standing in a suppli- &, ^''■"^^-i-s-^ mjj attitude before a magistrate, behind whom is a Lictor carrying a sword in one hand and two rods in the other, the legend at the bottom of the coin being PROVOCO. Again, by an express Law of the XII Tables, it was ordained that no measure affecting the Caput (p. 83) was valid unless ratified by the Comitia Centuriata — De Capite civis nisi j^er Comitiatum Maximum ne ferunto. Even the power of imposing a pecuniary fine was confined within narrow limits as early as B.C. 454 by the Lex Aternia Tarpeia. ' These restrictions reduced the criminal judicial powers of the Consuls and other magistrates to nothing in times of peace and tranquillity ; but when civil commotions arose, and the liberties of the people were endangered by sedition or rebellion, either a Dictator was named or the Consuls were invested, by a decree of the Senate, with extraordinary powers, in virtue of which they executed summary justice upon all offenders without regard to the ordinary course of legal procedure (p. 149.) Criminal Jurisdiction of the Senate. — We have ah'eady stated that our scanty sources of information lead us to believe that during the regal period the Kings sat as judges in all criminal causes of moment, assisted by a Consilium composed of the whole Senate, or of a committee of that body, while all trials of small importance were referred at once to the Senate. During the republic the Senate appear to have possessed no regular independent jurisdiction whatsoever in criminal causes in so far as Roman citizens were con- cerned, the right of judging in all such matters being vested exclusively in the ])opular assemblies. In times of great alarm, indeed, when the state was tlireatened with destruction from internal treachery, the Senate, in conjunction wiih the Consuls, assumed the right of adopting whatever measures they thought necessary for the security of the public, and of inflicting summary punishment upon those by whom it was endangered. Of this we have conspicuous examples in the proceedings against the Gracclii, and against the conspirators associated with Catiline ; but such measures were viewed with great jealousy, as involving a dangerous and unconstitutional stretch of power, to be justified only by the last necessity ; while all parties concerned incurred a heavy responsibility, and were liable to be called to account before the people at a subsequent period, as 1 Sallust. Cat. 51. Cic. pro Rabir. .'?. 4. in Verr. V. fi3. In these three passaecs Cicero speaks of the Lex Porcia in the singular number ; but in de R. II. 31, after spealcing of the eariier laws De Provocnlione, adds, Ner/ue j'ero Lkges Pohciae, qdak trks svnt tridm PoHCiOBCM, ut srilis, giiicqiuim prarler snnclinnem ntluhriint nuri, 'i Aul. Gcll. XL 1. Uionys. X. ."iO. Cic. de R. II. 35. Festus. s.v. Feculalus, p. 237. lUDlCIA PUBLICA. 287 happened to Cicero, although at the moment of peiil all parties acknowledged tliat Rome had been preserved from imminent hazard by his prompt decision. Occasionally, also, crimes were committed which appeared to be stamped with a character so strange and awful, that a departure from ordinary forms was deemed requisite, and the Senate, with the consent of all classes, imdertook to investigate or to order the investigation of the offences and to punish the guilty. Of this description were the poisonings recorded by Livy as having taken place in B.C. 331, when one hundred and seventy matrons were found guilty, and an occurrence of a similar nature in B.C. 180, ^ But although the Senate, imder ordinary circumstances, possessed no criminal jurisdiction over Roman citizens, it formed the regular comt for the trial and punishment of state crimes, such as treacheiy or insurrection, committed by the allies, 2 and sometimes took cognizance of crimes of a private nature, such as mmxlers and poisonings,^ although these and lesser offences were usually disposed of by local tribunals. It has been stated by some authors that the Senate inquired into charges of oppression preferred against Provincial Governors or military commanders, and punished the guilty. But although the Senate was the body to which such complaints were probably addressed by foreign ambassadors, it does not appear that the members ever arrogated to themselves the functions of judges. The example chiefly relied on — that of Pleminius (Liv. XXIX. 16) — does not bear out such an assertion, and the circumstances were altogether special. Criminal Jurisdiction of the Comitia. — At the commencement of the republic the popular assemblies appear to have performed the functions of a court of justice in those cases only where an appeal was made from the sentence of a magistrate. But while the power of the magistrates, when acting as criminal judges, was always viewed with great and constantly increasing jealousy, and became more and more restricted by the enactment of successive laws, so, in like degree, the direct jmisdiction of the Comitia was more distinctly recognised, till at length they became the regular and ordinary courts for the investigation and punishment of all the more serious crimes. Throwing out of consideration the Oomitia Curiata, to which an appeal was made in the case of Horatius, but which, even before the expulsion of the Kings, had ceased to take cognizance of matters affecting the community at large, we find that both the Comitia Cen- turiata and the Comitia Tributa acted as supreme courts of criminal judicature. The Comitia Tributa originally claimed the right of sitting in judgment upon those offences only which were regarded as infringements of the rights and privileges of the Plebs as an order ; but as the power of the Plebs increased, and their Tribunes grew more bold and grasping, disputes and collisions must have constantly taken place between the two assemblies, had not the Laws of the XII Tables expressly ordained that no citizen could be tried for any offence involving his Caput (p. 83) except by the Comitiatus Maxirmis, that is the Comitia Centuriata. At the same time the jurisdiction of the Comitia Tributa was extended to embrace all causes for which the penalty was a pecuniary fine only, even although not bearing directly upon the interests of the Plebs (p. 125.) Notwithstanding the positive injunction contained in the Code of the XII Tables, it seems probable, that, after harmony was completely established 1 Liv. VIII. 18. XL. 37. Val. Max. XL V. 3. 2 Liv. IV. 23. VI. 13 17. VIII. 19. '^0. IX. 26. X. 1. XXVIIL 10. XXIX. 36. XXXU. 2G. XXXIII. 3fi. Polyb. VI. 13. 3 Liv. XXXIX. 41. XL. 37. 43. Cic. Brut. 22. Poljb. I.e. 288 lUDICIA PUBLICA. between the two orders in the state, the jurisdiction of the Comitia Tributa was occasionally resorted to, with the consent of the Senate and the parties interested, even in cases which did not properly fall under its control, in consequence of tha greater facilities afforded for summoning and holding that assembly ; but the expressions of the classical writers ai'e not so precise as to enable us to speak with confidence upon this point. Form of Procedure in Criminal Trials hefore the Cgmjiia- — No one could act as an accuser except a magistrate who had the right of holding the Comitia before which the charge was to be tried ; and no one could be brought to trial while holding any of the higher offices of state. The magistrate who had resolved to juipeach a citizen, gave public notice of his intention in a Concio, and named the day on which he would summon the Comitia for the purpose of instituting proceedings — hence the phrase Diem dicere alicui signifies to give formal notice of an impeaclimeiit. Meanwhile the accused was throv^Ti into prison, unless he could find sureties (vades) for his appearance on the day fixed. This point is said to have been first settled when Quinctins Kaeso was impeached of mm-der, by A. Virginius, a Tribune of the Plebs (B.C. 461.) Virginius insisted that he should be kept in Ijonds until the day of tiial ; but the College of Tribunes, when appealed to, decided that the accused must be forthcoming at the appointed time, (sisti rewm,) and that bail must be given for his appearance ; (^peciiniamque, nisi sistatur, populo promilti ;) and it was fixed that ten sureties must be found, (vades dare placuit: decern fnierunt: tot vadibus accusator vadatiis est reum^ each of whom became bound for three tliousand pounds of copper. Livy concludes his naiTative (III. 13) by stating — Hie primus vades puhlicos dedit. When the day fixed arrived, the accuser stated the charge, examined wit- nesses, and adduced other evidence in proof. This portion of the procedure was termed Anquisitio, (Varro L.L. VI. § 90,) and according as the charge which the accuser sought to establish was one which in-i-olved the Caput of the accused, or merely a pecuniary fine, he was said, in the one case, capite s. capitis anqtdrere, in the otlier, pecunia anqidrere. ^ Sometimes, when the investiga- tion had been commenced with reference to a capital charge, the accuser departed from this, and Avas content to prosecute for a fine — In multa temperarunt trihuni, qnum capitis anquisissent : duo millia aeris damnato midtam dixerunt, (Liv. II. 52,) and, vice versa, we find — Quum Trihunus his pecunia anqui- sisset, tertio capitis se anquirere diceret .... (Liv. XXVI. 3. comp. VIII. 33.) When the Anquisitio was concluded, the magistrate then brought in a bill (T'ngatio') ordainmg the infliction of certain penalties on the accused, and^ tills liogatio was published, discussed, and accepted or rejected, as the case might be, with all the formalities required in submitting any ordinary legislative measure to the Comitia. Hence the phrases Jrrogare niultam — poenam — supplicium alicui. Criminal Jui'isdiciion of Qsincsitorcs. — Although the Comitia possessed the unquestionable right of acting as a supreme court in all criminal causes aflecting Eoman citizens, it must soon have become evident that it was highly inconvenient, and frequently impossible, for a popular assembly to examine into 1 Oocasionally anquirere is used in a more general sense — Sunt qui per duumviros, gut DR PKUDCEi.LiONK AN(iOiREKF.NT, creiitos, aiiclores xint darnnatinn, (Liv. VI. 20)— /rf solum Ger. m imco super lef^es praestilerimus, quod in curia pntius quam in foro, apud senatum quam apud tudicei DH. MoiiTE tjus A.NQOiBiTua (Tacit. Ann. III. 12.) lUDICIA PUBLICA. 289 the details of a complicated charge, and to sift and weigh a mass of confused and contradictory evidence. Hence, from an early period it became common for the Comitia to delegate their power to one or more persons, who acted as judges, and were entitled Quaesitores or Quaestores, the investigation or trial being termed Quaestio ; and hence the phrases — Quaestioni praejicere — Quaestionem exercere — Quaestionem Jiabere — employed in relation to those who conferred and to those who exercised this authority. Such an appointment is specially mentioned for the first time in B.C. 413, (Liv. IV. 51,) when the Comitia Tributa, at the request of the Senate, and with tlie consent of the Comitia Centuriata, nominated a commission to inquire into the murder of Postumius by his own soldiers, and in this instance tlie Consuls were the Commissioners. By degrees, as tlie population increased, and criminal trials became more numerous, the Comitia very rarely exercised their judicial functions directly, and tlie great majority of criminal trials were conducted under the presidency of Quaestores. There are several points connected with these officials to whicli we must pav particular attention — 1. The judicial Quaesitor or Quaestor must be carefully distinguished from the Quaestores, who acted as Commissioners of the Treasury. The latter deno- minated, by way of distinction, Quaestores Aerarii, were, regular ordinary magistrates, called upon to discharge a routine of duties, and elected every year. The former, the judicial Quaestores, were appointed specially for the purpose of presiding at a particular trial, they possessed no powers beyond, and as soon as this duty was discharged, their authoi'ity ceased. The Quaestiones were Special Commissions, the Quaestores were the Special Commissioners. 2. The judicial Quaestor acted as a Judge, and was uniformly assisted by a Consilium or body of assessors resembling, in many respects, a modern Jury. This Consilium, up to the passing of the Lex Sempronia, in B.C. 122, consisted of Senators exclusively. How far the power of the Consilium may have extended in early times is unknown ; but there is no doubt that at the period when the above law was passed a majority of their number could condemn or acquit the accused person -without reference to the opinion of the Quaestor. 3. The Quaestor being the delegated representative of the people, the sentence passed in his court was final. 4. Although the Commission nominated in B.C. 413 is the first example which can be fairly regarded as historical, we find traces of a similar usage from the most remote ages. Thus, the'Duumvii-i appointed by Tullus Hostilius for the trial of Horatius, were a species of judicial Quaestores, and the Quaestores Parricidii, mentioned in Paulus Diaconus, were probably instituted at a very early epoch — Parrici Quaestores appellabantur, qui solebant creari causa rerum capitalium quaerendarum.^ 6. Since the Quaestores were the representatives of the people, M^e cannot doubt that they must have been uniformly elected by the Comitia, as in the case already cited ; but the manner in which the Consilium was chosen in the earliej- ages is quite unknown. 6. Where the Senate had jurisdiction, they also usually appointed a Quaesitor out of their own body ; and at times we find a resolution passed in the Comitia enjoining the Senate to appoint Commissioners for the investigation of certain acts alleged to be criminal. ^ J Paul. Diac s v. Pnrrici Qnaestores, p. 221. comp. Varro L.L. V. § 81. Lyd. de llae I. 26. 2 See Liv. XXXVIII. 54. XLII. 21. ^y M* r ' 290 71/ ^"^^ f lUDICIA PUBLICA. Siistitnlion of the Qiiaesliones Perpetuac. — As the population of Rome iuereased, and ofTences of every description became more and more numerous, the plan of appointing a Special Commission to try each cause became more and more inconvenient and embarrassing. Hence the idea naturally suggested itself of appointing Standing Commissions for trying those accused of the crimes which were of the most frequent occurrence. The first step towards this new arrange- ment was made by L. Calpurnius Piso, a Tribune of the Plebs, who, in B.C. 149, passed a law (Z)e Eepetundis) to check the oppression of Provincial Governors, one of tlie provisions being that a Commission should be established to sit permanently throughout the year for the hearing of all charges preferred under that law. ^ The experiment was found to work so well that from time to time new laws were passed, by which new Com-ts or Commissions of a similar description were instituted for the investigation of different ofiences, until at length the system was brouglit into general operation by a Lex Cornelia of Sulla. From that time forward until the final establishment of the imperial government, the jurisdiction of all other courts in criminal prosecutions was, in a great measure, superseded, and the whole of the ordinary criminal business was conducted by Standing Commissions, and these Commissions or Courts were distinguished as the Quaestiones Perpetuae. AVith regard to these, it must be remarked — 1. That each court or Quaestio took cognizance of one class of offences only. Thus, there was a Quaestio Perpetua, which was occupied exclusively with cases connected with the misgoverament or oppression of the Provincials, (Z)e Repe- timdis,) anotlier with embezzlement of the public money, {De Peculatu,) another with bribery on the part of the candidates for public offices, (De Ambitu,) another with violations of the dignity of the imperial people, (Z)e Maiestate,) and so forth. 2. Although these Courts were permanent, they were viewed exactly in the same light as the former Special Commissions, and were regarded as exercising power directly delegated to them by the people. The supreme jurisdiction of tiie Comitia Centuriata was still fiilly recognised in principle, and the assemblies of the people were still called together for the purpose of holding trials or for the appointment of Special Commissions in all extraordinary cases, for which no provision had been made in the laws establishing the Quaestiones Perpetuae. 3. It was no longer necessary that a magistrate should act as the accuser; any citizen might now come forward and prefer a charge. 4. Each Quaestio was established by a separate law, and all the proceedings in each Court were regulated by the terms of the law under which its sittings were held, and these proceedings were, from time to time, modified or altogether changed by new laws. 5. Hence, there was no general form of procedure applicable to all the Couits alike ; and although we may be able to ascertain the details of a process in one Court, in that for trying causes De Ambitu, for example, at one particular period, we cannot infer that the same formalities were observed at tiie same period in trying cases De Maiestate or De Repetimdis, or at a dift'erent period in trying cases De Ambitu. 6. There was, however, one general principle applicable to all without excep- tion — every case submitted to a Quaestio Perpetua was tried by a Judge and a Jury. The duty of the Judge was to preside and to regulate the proceedings in 1 Cic. Bmt. 27. .U Off. 11. il. hi V^tt. III. SI. IV. 25. lUDICIA PUBLICA. 291 terms of the law under which he acted. The duty of the Jury was, after hearirifj the pleadings and the evidence, to pronounce upon the guilt or innocence of the accused. 7. In addition to this general principle, we have eveiy reason to believe that the ordinary course of procedure was similar in the different Courts, and that many forms were common to all, although each had its peculiarities ; and we know that, from time to time, Leges ludiciariae were passed for the regulation of the Courts, and that these were applicable to all. 8. The general name for the Judge was Quaesitcr or Quaestor: the Jury as a body was termed Consilium : the individuals who composed the Jury were the Indices. It must be carefully remarked by the young scholar tiiat wherever the word Indices occurs in the plural in any phrase relating to a criminal trial, it must always be rendered into English by the word Jury or Jurors, never by Judges. In Civil Suits, as we have seen above, Judex denotes an umpire or arbiter, that is, in reality, a Jury composed of one individual : in criminal trials the presiding Judge or Quaesitor was, in certain cases, named Index Quaes- tionis ; but this is a special technicality, which will be illustrated below. "^ " "Tliese things being premised, we shall proceed to state what our authorities enable us to ascertam with regard — 1. To the Judge and Jury, and, 2. To tlie ordinary course of procedure ; and we shall conclude with a short account of the most important of those crimes which formed the subjects of investigation in the criminal courts. Prcsi<1iiig Judges in the Quaestiones Pcrpetuae. — In the earlier Quacs- tiones or Special Commissions, the Judge or Quaesitor was nominated by tlie people, in their Comitia, and any one, without restriction, might be appointed at their pleasure. After the institution of the Qnaestiones Perpetuae, the case was altered. The presiding Judge was now either — 1. One of the PraeJores, or, 2. An officer denominated Index Qnaestionis. 1. At the period when the first Quaestio Perpetua was instituted by the passing of the Lex Calpurnia de Repetundis, there were six Praetors. The" Praetor Urhanus and the Praetor Peregrinus remained in the city during their year of oflSce and presided in the Civil Courts, the remaining four acted as the Provincial Governors of Sicily, Sardinia, and the two Spains. Upon' the passing of the Lex Calpurnia, the duty of presiding in tlie Court for trying cases De Repetundis was assigned to the Praetor Peregrinus ; ^ but as legal business, both civil and criminal, rapidly increased, and new Qnaestiones Perpetuae were established, the Praetor Urhanus and the Praetor Peregrinus were obliged to give the whole of their attention to Civil Suits, while the four remaining Praetors were retained in the city during their year of office, in order that they might act as Judges in the new Criminal Courts, and did not proceed to their Provinces until their year of service in the city had expired. When the Criminal Code was remodelled by Sulla, and the number of Qnaestiones Perpetuae increased, it was found necessary to increase the number of Praetors also, which was now aug- mented to eight, so that six were left free to act as Criminal Judges, and these divided the duties of the different Courts among each otiier by lot, and, when epoken of in their judicial capacity, were usually named Quaesitores. ^ " 2. But towards the close of the republic, tlie increase in criminal business was 80 great, that even this additional number of Prjetors proved insufficient for the 1 See Klenze, Fragmt. leg. Servil. p. 27. 2 Cic. in Verr. Act. I. 8. pro Ses*.. 40. in Pison. 15. pro Milon. 15. Orat. post. rea. 9. Dion Casa. XLII. 31. Varro L.L. V. § 81. 292 lUDICIA PUBLIC A. work, and it became necessary to appoint supplementaiy Judges, each of whom was called a Index Quaestionis. All detailed information with regard to these personages is extremely deficient; but our authorities enable us to assert that a Judex Quaestionis was the supreme Judge in the court in Avhich he sat, and, for the time being, enjoyed the full authority of an ordinary Praetor. This is proved by the accounts preserved of the trial of Oppianicus, and of the trial of Cluentius, in the former of which a certain C. Junius, and in the latter a Q. Voeonius Naso, acted as Index Quaestionis. "We know, moreover, that a Index Quaestionis was not held to be an ordinary magistrate, for he could himself be brought to trial before the close of the year in the course of which he served ; and wlien about to preside at a trial, he was obliged to take an oath like an ordinary Juryman, a form fi-om which a Praetor was exempted.' But whether each Praetor had a Index Quaestionis attached to him during his year of office, to whom, as his deputy, he might make over the business which he himself was unable to overtake ; or whether a Index Quaes- tionis had a particular department set aside for him in the criminal courts alto- gether independent of any particular Praetor ; or whether a Index Quaestionis was nominated specially for a particular trial ; whether the appointment, accord- ing to any of the above suppositions, was made by the people or by the Praetors themselves, and what the qualifications may have been for holding the office, are questions to which no satisfactory reply can be ofi"ered. In reference to the last point, two individuals are mentioned as having held this office, both of whom are stated to have been previously Aediles, and a third subsequently became a Praetor ; but no induction from such a limited number of facts can be conclu- sive.^ The Indices or Inrors in llie Qnaestioncs Pcrpetuac. — The duty of the presiding Judge in one of the Quaestiones Perpetuae was merely that of a superintendent, who was bound to see that the provisions of the law under which the trial took place were strictly complied with, but who exercised no direct influence i;pon the final result of the trial. He might unquestionably take advantage of technical formalities to aid or embarrass one or other of the parties ; and this will account for the exhortations to impartiality so often addressed to the Judge in the orations of Cicero ; or if recklessly corrupt, he might, at his own peril, make a false declaration of the state of the votes given by ballot ; but he was not able, in the fair exercise of his fimctions, to influence the decision, wliich rested entirely with the Indices. Hence the power possessed by those who acted as Indices was necessarily very great, and was often abused for party pui-poses. Some of the most serious internal dissensions duiing the last century of the republic were closely connected with the contests between diflPerent orders in the state for the privilege of acting as Indices; and the diflPerent Leges Indiciariae relating to this point were a som-ce of great and frequently renewed excitement. Class of persons from ivhich the Indices were chosen. — From the earliest period until the time of the Gracchi, the Consilium in all Criminal Trials, whether held before Special Commissions, or Quaestiones Perpetuae, had been composed exclusively of Senators. But in B.C. 122, the Lex Sempronia ludi' ciaria of C. Gracchus was passed, in terms of which the Indicia, that is the right of acting as jurors on criminal trials, were transferred from the Senate \ Cic. pro Cluent. 33—35. 53. 54. in Verr. Act. I. 10, and note of Pseud. Ascoa Digest XLVII. viii. 1. * Cic. Brut. 76. pro Cluent. 29. pro Rose, Araer. 4. ICDICIA PUDLICA. 293 to the Equestrian Order, which, in fact, first received a definite form in conse- quence of this ordinance.' After the death of C. Gracchus, the Senate made strenuous efforts to recover the privilege of which they liad been deprived ; and various laws were brought forward by the representatives of dififerent parties, whose object was to reverse, confirm, or modify the provisions of the Lex Sempronia. Such were the Lex Servilia (B.C. 106) of Q. Servihus Caepio, by which the Indicia were to be restored to the Senate ; the Lex Sermlia of C. Servilius Glaucia, by which the provisions of the Lex Sempronia against Senators were rendered more stringent; the Lex Livia (B.C. 91) of JI. Livius Drasus, which endeavoured to bring about a compromise between the Senate and the Equestrian Order; and the Lex Plautia (B.C. 89) of M. Plautius Silvanus, whicli proposed that the people should, each year, nommate fifteen Indices out of each tribe, without reference to the fact of their being Senators, members of the Equestrian Order, or simple citizens.^ But these laws, if they ever actually came into operation, remained in force for a very brief period, and the Indicia remained in the hands of the Equestrian Order for forty-two years, until Sulla, following out his deliberate scheme of increasing by all means the influence of the Optimates, restored, in B.C. 81, the state of things which existed before the passing of the Lex Sempronia^ giving back the Indicia to the Senate.^ The reaction which immediately followed the death of the Dictator, rendered a continuance of this exclusive privilege impossible ; and accordingly in B.C. 70, the Lex Aurelia of L. Aurelius Cotta, one of the Praetors of that year, was passed, ordaining that the Indices were to be selected from tliree bodies or orders in the state — the Senatus, the Ordo Equestcr^ and the Trihuni Aerarii, (p. 239,) each order forming a Decuria.^ By the Lex Pompeia^ passed by Pompeius Magnus in his second consulship, B.C. 65, the Indices continued to be chosen from the three orders named in the Lex Anrelia, but the most wealthy only were eligible ; and by the Lex lulia of Caesar, passed B.C. 46, the Tribuni Aerarii were excluded. Antonius, after the death of Caesar, endeavoured to render the constitution of the body more democratic than ever, by the admission of legionary soldiers ; but his enactments remained in force for a very limited space. Finally, Augustus restored the three Decuriae of the Aurelian law, and added a fourth from the humbler classes of the community, while a fifth Decuria was introduced by Caligula ; but before that period, the importance of the office had passed away.^ Qnalificction as to Age. — So long as the Indicia remained in the hands of the Senate, no regulations were necessary upon this head; but when other orders were admitted, certain restrictions Avere introduced. By the Lex Servilia^ no one coidd act as a Index under the age of thirty, or above the age of sixty; and this regulation seems to have continued in force until Augustus reduced the legal age to twenty-five.® Disqnalijications for the Office. — No one could act as a Index who was invested with any of the higher offices of the State, or who did not live in Rome 1 Velleius II. 6. 13. 32. Tacit. Ann. XII. 60. See above, p 74. 2 Tacit. Ann. XII. 60. Liv. Epit. LXX. LXXI. Velleius II. 13. Cic. pro Scauro 1. 2. Fragmt. leg. Servil. G. 7. » Cic. in Verr. Act. I. 13. Velleius It 32. Tacit. Ann. XI. 22. * Cic. pro Corn, in Pison. 39, and note of Ascon. ad Att. I. 16, ad Q,. F. II. G. 6 Ascon. in Cic. in Pison. 39. Cic. Philipp.1.8. V. 5, XIII. 2, 3. ad Faro. XII. 14. Dion Cass. XLVL 36. Sueton. Octav. 32. Calig. 16. Plin. H. N. XXXIII. 1. 2. f Fragmt. leg. Servil. 6. Suet. Octav. 32-, but the text is doubtful i'Ji. ruuiciA ruiiLiCA. or the immediate vicinity ; nor any one wlio liail ever been found guilty of any charfje afl'ectino^ ]iis Statux-M^ a Ciris liomaiius optima iiire} AH!i)l>cr of Indices. — On tiic first institution of tlie Quaextiones Pcrpctuae, it would appear tliat a certain number of Iiidicex -were appointed each year for each Quavstio, out of wiiicli the ])roper number for cacii trial — and this number appears always to have been fixed by the law nndcr which the trial was held — was selected. Thus, from the fragments Avhicli have been preserved of the Lex Servilia de Jicpctiaidis, we know that 450 Indices were nominated yearly to serve on the Quaestio de Repctundis. But when the Qnacstioncs Perpetuae {gradually embraced almost all criminal causes, it would api)ear that a certain funnber of Indices were selected for the whole, and subseipicntly distributed among the different Qnacstioncs. Thus the number fixed by the Lex Livia was GOO; by the Lex Plantia 625 (being 15 out of each tribe,) unless wc sup- pose, with siune writers, that this number was cliosen for each Qnaestio. We liave no fartiier information until the time of Augustus, Avhen the number was about 4000. On the occasion of Milo's trial, oGO Indices were set apart; and it appears to have been the intention of rompeius to approjiriate this nund)cr for each Qnaestio; but it is well known liiat the changes in the criminal law intro- duced by him remained in force for a very short time only.^ Manner of choosin;/ the Indices. — In what manner the Indices were chosen annually out of the qualified classes, is a matter involved in much obscurity. So long as a fixed number was set apart for each Quaestio, it would apjiear that the Tractor, or Index Qnaestionis, who jjresidcd over that Quaestio, cliosc whom he thought fit ; at least this was the case under the Lex Servilia de Jiepetundis, in which the Praetor Peregrinns is enjoined to select 450. After the Indices ibr tlie whole of the Qnaesiiones Perpetuae were chosen in a mass, we infer, from a passage in Cicero, that the duty devolved upon the Praetor Urhanus, who selected, upon oath (inratns,) the jjcrsons whom he deemed best qualified, although it would seem from the words of Dion C'assius, that the Quaesitor, in some instances, chose them by lot. The list ol' Indices lov the year, however cliosen, was termed .-W/yHHJ 7«t/icMm, and the individuals included in this list, Indices Select!.'^ Decnriae Indicnm. Wc have stated above that by the Lex Aurclia, the whole number of ludicis was divided into three sections or Decnriae, each order forming a Decnria. Tims there was a Decuria of Senators, a Dccnria composed of members of the luiuestrian Order, and a Decuria of Tribuni Aerarii. By the law of Augustus, also noticed above, the number al' Decnriae was increased to four, and by that of Caligula to five. In the ])eriod also between the Lex ( 'onielia of B.C. 81, and the Lex Aurelia of B.C. 70, during which Senators only ciiiild act as Indices, we hear of Decnriae Indicnm, but we are altogether ignorant of the principle upon which this arrangement or distribution was founded.* OltDlNAItY roUil OF niOCESS IN CRIMINAL TRIALS DURING THE ICrOCll OK THE QUAESTIONES PERPETUAE. I lie various Bteps in a criminal prosecution, without reference to the jiarli- fular Qnaestio, or the special law liy which they were regulated, seem to have liccn as follows: — 1 Krnif'nt. Icr. Scrvll. fi. 7. Cic. In Vcrr. Act. I. 10 - hniKiiit. U>K. Survll. C. 7. Applaii. U. C. I. 3.'). Pllii. H. N. XXXIII. I. Vcllcius 11 7G. 1 lut. I'omp. .'),'>. s Krannit. lug. Servll. n. 7. Clo. pro Cluont. 43. Dion Cass. XXXIX. 7. * Clc. In Verr. I. CI. II. 32. pro Clucnt 37. ItlDIOIA rUULICA. 295 Postnlatio.^ — An a])plication on tlic part of the inipcaclier to tlic Praetor, or Judex Quacstioitisy who presided over tlie court to whicli tliecliargc hclDni^cd, I'or leave to prefer an accusation. This, aithouffii in most cases a mere forinalily, was a necessary iireiimiuary, because it mi;j;iit ha])pen tliat the applicant was disqualified by law from actin». «Pspiid. Ascon. in Cic. in Vorr. Act. L 2. Scliol. Hob. p. 342. ed. Orell. Sallust. Cat lA Jl. Vollfiiis 11. l:i. " Cic. pro Clucnt. .TI. M. Ascon. In Miloninn. .Ti Ornt. pro dom. 20. 7 Cic. in Vorr. II. :i8. IV. \'J. Kpii. ad Fam. VIU. 8. Val. Max. HI. vii. 9. 296 ITJDICIA PUBLICA. when Cicero was allowed one hundred and ten dajs. although he did not avail himself of the permission to tlie full extent. ^ On the day appointed, the Judge having taken his seat upon the tribunal, the names of all those Indices who were liable to sei-ve upon this particular Quaestio were called over, and at the same time the accuser and defendant were summoned to appear by the Crier of the Court (ciebantur a Praecone prae- torio.) ^ There can be no doubt that the Judge possessed the power of enforcing the attendance of such iMf/ices as did not answer when called upon, and of inflicting punishment on such as could not afford a satisfactory excuse for their absence (Cic. Philipp. V. 5.) If the accuser did not appear, the defendant was at once dismissed from the bar, it being left open, however, to any one to institute a new process. If the accused did not appear, and if no one appeared to account for his absence, then, towards evening, he was pronounced guilty, and sentence was passed upon him in temis of the law imder which tlie Court sat. ^ If all the parties were in attendance, the first business was balloting for the Jury. ludicum Sortitio. * — The names of all those Indices wlio were liable to serve were thro\vii into the balloting urn, those only being excluded wlio were closely connected by blood, marriage, or any other strong tie, with either of the parties. The presiding Judge then drew out of the urn the number of names proper to constitute the Jury. This number depended entirely upon the provisions of the particular law under which the trial took place, and we accordingly find examples of 32, 50, 70, 75, and other numbers. ^ ludicum lieiectio. — It Avas a principle in Roman Law, that in all causes, both civil and criminal, the person or persons who decided a controversy should be appointed with the full consent of the contending parties (Cic. pro Cluent. 43.) To have carried out this principle to its full extent in criminal causes would have, manifestly, been impracticable ; but after the requisite number of Jurors liad lieen chosen by ballot, botli parties were allowed to challenge (reiicere) a certain number, if they thought fit. It was not necessary that the party challenging should state his reasons, the right was absolute, and he alone was the judge of the expediency of exercising it. The number of Jurors which each party was allowed to challenge appears, like the number of the Jurj', to have been fixed by the laws regulating each Quaestio, and on this point we have but little general iiifijrmation. "^ ludicum Suhsortitio. — The vacancies in the Consilium, caused by the challenges, were filled up by the Judge, who drew fresh names from the urn. This operation was termed Suhsortitio. "^ ludicum Editio. — Tlie appointment of a Jury by ballot was the rule followed in a great majority of criminal causes ; but it was not universal, for some laws, jirohibiting particular offences, directed that the Jury should be appointed in a different manner. Thus, by the Lex Servilia de Bfpetundis^ each party nomi- ii.-ited {edehai) one hundred Jurors, and each challenged fifty of those nominated 1 Cic. ad Q,. F. II. 13. in "Vat. 14. Ascon. Arg. in Cic. Cornelian. Pseud Ascon. Argumt in Cic. in Verr. Act. I Pint. Cic. 9. -' Pseud. Ascon. in Cic. in Verr. I. 1. Ascon. Argumt. in Cic. Cornelian. Cic. in Verr. II. 17. 40. Pro Cluent. 17. 18. 21. Plut. Hrut. 27. 3 Cic. in Verr. II. 17. 39. 40. Ascon. in Cic. Milonian. 35. Volleius II. 24. Caes. B. G. VI. 41. Plut. Brut. 5i7. Dion Cass. XLVI. 4S LIV. .S. ♦ Pseud. Ascon. in Verr. Act. L G. Kcliol. Gronov. ibid. « Cic. pro Cluent. 27. pro Place. 2. ad Q. V. III. 4. in Pi.son. 40. « Cic. de ()r.it. II, 70. in Verr. II. 31. III. GO. in Vatin. Philipp. XII. 7. 7 Cic. in Verr. L I'J. CI. pro Cluent. 33. 35. Pseud. Ascon. in Verr. Act. I. 6 lUDICIA PUBLICA. 297 by his opponent, so that the Consilium^ wlien thus reduced, consisted of one hundred ; but this procedure was abrogated by subsequent laws De Repetundis, and the ordinary methods of Sortitio and Subsortitio substituted. ^ Again, by the Lex Licinia de Sodalitiis, the accuser named four Tribes, the accused had the right of challenging or rejecting one of thege Tribes ; and then the accuser selected the Jury out of the remaining three Tribes, without, it would seem, any farther riglit of cliallenge being granted to the accused. " Jurors appointed in this, or in a similar manner, were called Indices Editicii, as distinguished from those named by Sortitio. The Jury, being finally adjusted, were then sworn, and hence they are frequently designated simply by the epithet lurati. A Index Quaestionis was, in like manner, sworn ; but a Praetor was not, his general oath of office being con- sidered sufficient ; and this circumstance alone seems to prove that the Index Quaestionis was not regarded in the light of an ordinary magistrate. The pleadings then commenced. The prosecutor or his counsel (of whom more hereafter) opened the case, the defender replied in person or by his counsel, and then the evidence was led. Testimonia. — The evidence might be of different kinds, Oral, (Testes,') Docu- mentary, (Tahtdae,} and mixed, that is, consisting of declarations by corporate bodies, (Testimonia pnblica,) supported by the verbal testimony of deputies (Legati) sent for tlie purpose. Testes. — Witnesses might be either free men or slaves ; and, if free men, they might be either Eomau citizens or Peregrini. All free men alike were examined upon oath — iurati — but much less importance attached to the evidence of foreigners than of citizens, and Greek witnesses especially were regarded with peculiar suspicion. Witnesses might give evidence of their own free will (voluntai'ii) or upon compulsion ; but the right of compelling a person to appear as a witness (Denuntiare — Testihus denuntiare — Testimonium denuntiare) was possessed by the accuser alone. It was customary for the accused to call witnesses to speak, not only to facts, but to character, and such were termed Laudatores, the number usually brought forward for this purpose being ten. ^ With regard to the position of slaves as witnesses, several points desei've particular notice — 1 . It was a principle in Roman Law that no declaration on the part of a slave could be received in evidence unless emitted under torture. Hence the word Quaestio, when employed in reference to the examination of slaves, always implies the application of torture. * 2. In the great majority of cases in which we read of the judicial examination of slaves, in the earlier period of Roman history, the persons charged with the crimes were the masters of the slaves, the slaves themselves being implicated as accomplices, and the chief object was to force from the slave a confession of his own guilt ; and no slaves were examined except those belonging to the accused party. 3. In no case could a slave, when not charged with participation in the crimes, be admitted as an ordmary witness against his own master. It was only when 1 Klenze, Fragmt. lej?. Servil. 8. I'i. 2 Cic. pro Plane. 15— 17. and the Prolegomena of Wunder to that speech. 3 Cic. in Verr. I. 19. II. 4. 5. 20. 2~. V. 22. pro Rose. Amerin. 38. pro Flacc. 6. 17. pro FonteL !Q. Ascon. in Cie. pro Scaur. Quintil. I. O. V. vii. 9. Plin. Epp. VI. 5. 4 Liv. XXVI. 27. XXVIL 3. Cic. Partit. Orat. 34. pro Sull. 28. Rhet. ad Herenn. IL 7. 298 njDiCTA ruELiCA. ready to bear testimony in his favour that he could be heard in court, and torture was applied in this case upon the principle that an extraordinary sanction was necessary to give value to evidence which, it was presumed, must have been delivered under a strong bias. ^ 4. The two last rules were modified in later times, in so far as crimes which involved the safety of the state were concerned, or those whicii related to some daring act of sacrilege. In both these cases the evidence of a slave against his master was admitted. Moreover, towards the close of the republic, the slaves not only of the accused, but also of third parties were sometimes examined under torture, the permission of their masters having been previously obtained.- 5. In the earlier ages the torture was applied in public — medio foro — but during the period of the Quaestiones Perpetuae, it seems, as far as our authorities extend, to have been customary to apply the torture out of court, and consequently the depositions must have been taken down in writing.* Tabulae. — Written evidence consisted of private account books, (Tabulae accepti et expensi p. 270,) of letters, {Episiolae^) and of memoranda (Libelli) of every description. The accuser had a right to call for all documents of this nature, and to compel their production. AVhen received, they were regularly sealed up (obsignatae^ in the presence of witnesses, (obsignatores,) delivered over to the Judge, and opened by him in the presence of the Court. Besides these private papers, the accounts of the Collectors of the Revenue (Tabulae Publicanorum) were sometimes brought forward, but in this case it was not necessary to present the originals, an authenticated copy being admitted,* A second species of M-ritten evidence consisted in the depositions of those witnesses who, from bad health, age, distance, or any satisfactory cause, were unable to appear in person, and were therefore allowed to have their deposi- tions taken down in writing, (Tei^timonia per tabellam dare,) these depositions being authenticated by the signature of commissioners (signatores) in whose jiresence they were made.* Lastly, under this head we must reckon the Testimonia Publica, which, when in favour of the accused, were termed Laudationes, that is, public declarations, regarding particular foots, or upon the general merits of the case, emanating from public meetings held in the provincial towns, or from the magistrates, or from some recognised corporation. These, Avhich were employed very exten- si\ely in cases De Repetuitdis, were always conveyed to Rome by an embassy appointed for the purpose, and the members of the deputation attended in court, during tlie trial, for the purpose of authenticating the documents which they lirescnted, and of giving such oral explanations as might be required by either jtarty. The evidence being concluded, the Jury were called upon by the Judge to give their verdict, who, in doing this, was said mittere indices in consilium, wiiile the Jurors were said ire in consilium. Originally, they voted openly; but after tlie passing of the Lex Cassia, (B.C. 137, p. 108,) by ballot, {per tabellas,) excepting during a sliort [(criod, when, in accordance with one of Sulla's laws, the defendant had the right of choosing whether the Jury sliould vote openly or 1 Tacit. Ann. TI. SO. Cic. pro Rose. Amer. 41. pro Deiot. 1. pro Milon 22. 'j Cic. Partit. Orat. 34. pro Milon. 22. pro Rose. Amer. 28. 41. 4i. Val. Max. \l. viii. 1. 3 Cic. pro Sull. 28. pro Milon V2. A.scon Argum. in Cic. Miloiiian. * Cic. in Verr. I. 1<». 2.1. 38. II. 74. 70. 77. III. fifi. IV. 6.3. 6G, pro Fiacc. 9. « Ulalog. dc C. C. E. 3G. Quintil. I. O. V. vii, 1. 2. 25. 32. rUDICIA PtJBLICA. 299 secretly ; but it is uncertain whether this regulation was general, or applicable to a particular class of trials only.^ Each Juror received a small tablet covered with wax ; upon this he wrote his verdict, and threw it into the ballot-box {sitella.) The verdict might be expressed in three ways, (except in cases De Repetundis, to be noticed below,) 1. By the letter A, which denoted Ahsolvo — Not Guilty. 2. C, Condemno — Guilty. 3. letters N.L, Non Liquet — No Verdict. the last indicating, that, from the uncertain or contradictory nature of the evi- dence, the Juror could not make up his mind either to acquit or to condemn. The result was decided by the majority of votes, and announced by the Judge. If the majority gave the verdict Guilty^ it M-as proclaimed by the words Fecisse Videtur ; if Not Guilty^ by Non Fecisse Videtur ; but if the majority voted N. X., then the Judge said Amplius? In the case of an equality of votes, the result most favom-able to the defendant was held to be the verdict. Ampliatio. — The announcement Amplius denoted that a more full investiga- tion into the merits of the case was requisite, and accordingly the Judge fixed a day for a second hearing. When this arrived, the same formalities were observed as on tlie first hearing; the pleadings were renewed, the evidence already tendered was probably read over, and new evidence brought forward ; but not- withstanding, the result might be the same as before, and a majority might still vote N. L. In this case, a fresh Ampliatio took place ; a day was fixed for a third time, and the same process was repeated again and again, — in one cause upon record, seven times,^ — until the Jury could give a positive verdict. It would appear that — we know not from what cause — the verdict N. L. fell gra- dually into desuetude,* at least we can find no example of an Ampliatio iu the time of Cicero. Comperendinatio. — We remarked above that the verdict might appear in three forms, except in cases De Repetundis. After the passing of the Lex Ser- vilia, (about B.C. 104,) the process in trials of this nature was altogether pecu- liar, for at that period Comperendinatio was introduced. By the arrangement so designated, all trials De Repetundis were divided into two distinct parts, termed respectively Actio Prima and Actio Secnnda. In the Actio Prima, the accuser gave an outline of the case, more or less complete, according to circum- stances and the judgment of the pleader ; the defender then replied ; and the witnesses upon both sides were examined. The Jury did not now, however, proceed at once to give their verdict, but the proceedings were suspended until the next day but one, (tertio die — perendie, and hence tlie word Comperendinatio,) when a second hearing, the Actio Secunda, took place. The accuser and the accused had now an opportunity of commenting upon tlie evidence already ten- dered, and of bringing forward additional testimony. When this second hearing was concluded, the Jury was called upon to give a verdict of condemnation or acquittal, no option being left to them of saying Non Liquet. We have an excellent example of a trial of this description in the prosecution against Verres, which presents us with the preliminary Divinatio, the Actio Prima, and the Actio Secunda, on the part of the impeacher, although the Actio Prima was unusually short, in consequence of the peculiar policy which 1 Cic. pro Cluent. 20. 27. 2 Cic. pro Caecin. 10. Pseud. Ascon. in Verr. I. 9. 29. 3 Cir. Brut. 1>. Val. Max. VIII. i. 11. 4 Cic. pro Cluent. 28. 300 lUDICIA PUBLICA. Cicero felt himself obliged to adopt, and the speeches which form the Actio Sccunda were never actually delivered, the defendant having given up his case in despair. The speeches Pro Fo7iteio, Pro Flacco^ and the fragment Pro Scauro^ were all delivered in an Actio Secunda, as we learn from internal evidence. It is generally stated in works on Roman Antiquities, on the authority of the Pseudo-Asconius, tliat the Actio Secunda was distinguished by a remarkable ])ecuharity ; that while in the Actio Prima the pleadings were commenced by the accuser, who was followed by the defendant, this order was reversed in the Actio Seczinda, the defender being called upon to speak first, and the pleadings concluded by the accuser. But this statement is not only repugnant to reason, but is directly at variance with several expressions in Cicero, which all clearly point out that the order of the pleadings in the Actio Secunda was the same as in the Actio Prima} liiiis Aesiiuiaiio. — In Criminal Trials of a certain class, such as those De Pu'petundis and De Peculatu, when a Reus was found guilty, he was compelled, as a part of his punishment, to make restitution of what he had unla^vfuUy appropriated, and sometimes, according to the provisions of the law under which he was tried, of double, treble, or quadruple the amount. It was part of the duty of the Indices, after they had brought in their verdict, to determine the sum to be paid. This part of the process was the Litis Aestimatio. There is an obscure passage in Cicero (Pro Cluent. 41) from which we may infer that considerable latitude was allowed to the Indices in this matter, and that they might not only remit a portion of the pecuniary damages, but might even sub- stitute a milder punishment for the Poena Capitalis? The term Litis Aestimatio was employed in Civil Suits also when the umpire or umpires were required to fix the amount of pecuniary compensation due to one who had sustained damage.^ We now proceed to give some details with regard to those offences which most frequently aiforded subjects of investigation in the criminal courts, and especially in the Quaestiones Perpetuae. Pcrdnellio. — PerduelUs, derived from duellum i.q. helium, properly speak- hig signifies a pidilic enemy, and hence Perduellio was employed in legal phraseology to denote the crime of hostility to oriels native country, and is usually represented as corresponding, in a general sense, to our term iJ/V//i I^reason. Many scholars maintain that, originally, Perduellio was applied to any crime of great atrocity involving the life of a citizen, for the murder committed by Horatius is called Perduellio by Livy, (I. 26,) while Festus (s. v. sororium, p. 297,) designates it as Parricidium. During the sway of the Kings, any attempt against the life or privileges of the monarch would constitute I'erduellio. Under the republic, any attempt to lestore the exiled Tarquins, or to assume regal power, (regni affectatio,) was regarded in the same light ; also any attempt to subvert, by violence, the established form of government, and, in general, any act of hostility on the part of a citizen towards the welfare of Home, whether indicated by exciting internal rebellion against the constitution, (seditio,') or by favouring and aiding the designs 1 Cic. in Verr. I. 28. II. 72. III. 88. V. 1. 13 pro Fontei. 13. 2 See also Cic. in Verr. Act. I. l;i. and note of Pseud. Ascon. Act. II. i. 38. it 18. it 10 v 49. pro Rabir. Post. 4. ad Fam. VIII. 8. Tacit. Ann. I. 74 Lex Servil. de repet. 18- 20. S Aul. Gell. IV. 4. Cic. pro Tull. 7. lUDicu rur.LiCA. 301 of external foes {proditio.) In like manner, any open invasion of the more sacred rights of the Plebs, such as assaulting' one of their Tribunes, was construed aa Treason ; or if a magistrate, taking advantage of his official station, put to death a Roman citizen not legally convicted ; (caedes civis indemnati-) and from this point of view, some explain why the deed of Horatius was termed indifferently Perduellio and Parricidium. Hence, too, it is a prosecution for Perduellio with which Cicero threatens Verres, (In Verr, Act. II. i. 5,) should he be acquitted upon other charges, for Verres was said to have put Roman citizens to death illegally while governor of Sicily. No Quaestio Perpetua was ever instituted for the trial of charges of Per- duellio^ which were, comparatively speaking, of rare occurrence ; and towards tlie close of tho republic, many offences which might have been considered, at an earlier period, as involving Perduellio^ were classed under the head of Maiestas or of Vis, for which separate Courts were established. Hence all trials for Perduellio took place either before the Comitia, or before Special Commissioners. Of trials for Perduellio before the Comitia, we have an example in the case of Spurius Cassius Yiscellinus, who was charged, in B.C. 485, with having aimed at kingly power — propter consilia inita de regno — propter suspicionem regtd appetendi. He was put to death, and his house was razed to the gromid.^ In like manner, M. Manlius Capitolinus, who had saved his country during the Gaulish invasion, was impeached before the Comitia — propter suspicionem regni appetendi — and found guilty. He was hurled from tlie Tarpeian rock, his house was razed, and his property was confiscated. * In B.C. 249, P. Clodius Pulcher was tried for having engaged Adherbal off Drepanum in despite of unfavourable auspices, whereby a large portion of the Roman fleet was destroyed. The assembly of the people was broken off by a storm, and Clodius thus escaped. In later times, he would have been tried for Maiestas, not for Perduellio.^ Lastly, in B.C. 107, C. Popilius Laenaswas impeached o? Perduellio, for having displayed carelessness and cowardice while acting as Legatus to the consul C. Cassius, and for having concluded a veiy imfavourable treaty with the Tigurini. He was convicted and banished.* This was the first instance in which the people had voted by ballot in a trial for Perduellio, See p. 108. The first trial upon record for Perduellio, that of Horatius for the murder of his sister, is said to have taken place before two Special Commissioners, nomi- nated by the king, an appeal from their sentence being permitted. The last trial on record for Perduellio under the republic, that of C. Rabirius, in B.C. 63, for the murder, 37 yeai's previously, of L. Appuleius Satiu-ninus, Tribune of the Plebs, took place, in like manner, before two Special Commissioners, C. Julius Cfesar and L. Cffisar, who were nominated by the Praetor, and not by the people. Rabirius, having been found guilty by the Commissioners, appealed to the Comitia Centurmta, whose deliberations were abruptly broken off by a bold expedient on the part of the Praetor, Q. Metellus Celer, who pulled down the banner hoisted on the laniculum, and thus, in accordance with ancient usage, broke up the assembly. See p. 122. The speech delivered by Cicero on behalf of Rabirius is still extant. 1 Liv. IL 41. IV. 16. Dionys. VIII. 77. Cic. Pliilipp. II. 44. Val. Max. VI. iii ]. 2 Liv. VL 20. Plut. Camill. 36. Dion Cass. XLV. 32. fragnit. Peiresc. 31. Cic. PbJNpp. I 13. IL 44. deR. n. 37. « Liv. Epit. XIX. Polvb. I. 51. Val. Max. VIIL i. 4. ♦ Cic. de legg. IIL 16. de R. I. 3. Rhet. ad Herenn. I. 15. IV. 24. 302 iinJiciA ruBLiCA. iTiaicstas. — Maiestas^ S.S a legal term, was employed to express, briefly, Crimen Maiestatis minutac, and signified, in its widest acceptation, any pro- cedure on the part of a Roman citizen, by which the power or dig-nity of the Roman people was impaired or degraded. Maiestatem minuere est, de diy- nitate aut ampUtudine aiit potestaie populi (tut eorum quibus populus potestaiem dedit alupud derogare (Cic. de Inv. II. 17.) Offences of this description during the sway of the Kings, and during the greater portion of the republican period, were included under PerduelUo, and made the subject of special investigation. No law designating a crime by the term Maiestas was passed until about B.C. 100, and consequently no Quaestio Perpetita for the trial of such a crime could have been instituted before that date. The principal enactments, taken ia chronological order, were, 1. Lex Appuleia^ passed in B.C. 102 or B.C. 100, by L. Appideius Satumi- nus, Tribune of the Plebs. Under this law, Q. Servilius Caepio was impeached (B.C. 100) for having violently interfered to prevent the people from giving their votes on the Lex Frumentaria of Saturninus — Impetum fecit, pontes disturbat, cistas deiicit, impedimerdo est quo secius feraiur lex; arcessitor Maiestatis (Rhet. ad Herenn. 12.) Under this law also another Q. Servilius Caepio was condemned, B.C. 95, on tlie charge of having, by his misconduct, while Proconsul, caused tlie defeat, by the Cimbri, of the Roman army ixnder his command (de amissione exercitus.) Caepio went into exile to Smyrna, and his property was confiscated. Tlie following year, his accuser, C. Norbanus, was himself impeached i)e il7aie.stoie, for having forcibly prevented two of his colleagues from interposing their Veto in favour of Caepio; but by the exertions of his counsel, j\I. Antonius, he was acquitted. 2. Lex Varia,^ passed B.C. 92 by Q. Varius Hybrida, Tribune of the Plebs, Its object was to declare those guilty of il/a/es^a-s who instigated or aided the designs of the Italian allies, or other enemies agamst Rome — Quorum dolo malo Socii ad arma ire coacti essent. M. Aemilius Scaunis was impeached, B.C. 92, under this law, on the charge of having excited the allies to revolt, {socios ad arma coegisse,^ and of having received a bribe from Mithridates to betray his country {ob rempuhlicam pro- dendam.') His bold, digiufied, and triumphant defence is well known from the narrative of Valerius Maximus. 3. Lex Cornelia, passed B.C. 81, by Sulla Mhen Dictator, was more impor- tant and comprehensive than either of the preceding, defining and explaining nmch that had been left vague and obscure. This, indeed, together with the 4. Lex Julia of Julius Caesar, which comprehended those cases which might still have been ranked under L^erduellio, served as the foundation of all the imperial enactments. Under the Lex Cornelia, C. Cornelius, who had been Tribune of the Plebs in B.C. 67, was impeached in B.C. G6, for having prevented his colleagues from exercising their riglit of Intercession. He was defended by Cicero, fragments of wliose speecii .«till remain, and was acquitted. (See Ascon. in Cornelian.) Under this law also, A. Gabinius was impeached in B.C. 64, because, while Proconsul of Syria, he had, without orders from the Senate and people, quitted I CIc. de Orat 11. M. 27. 39. 47. de Off. II. 14. Brut. 35. Rhet. ad Uerenn. L U. Val >l:i)t IV. vii, 3 VIII. v. 2 » Vat Max. III. vii. 8. VIIL tL 4. Ascon. in C'-j. pro Soeiira ICDICIA PUBUCA. 803 liis Province, and m.arclied an army into Egypt to reinstate Ptolemy Aulotes. Out of 70 Jurors, 32 brought in a verdict of Guilty, and 38 Acquitted hiin. After the establishment of the empire, the law of Maiestas served, in the hands of evil Princes, as one of the grand instruments of tyranny, and offered irresistible temptations to bands of needy informers, (delatores,) for not only acts tending to subvert the imperial constitution were regarded as penal, but any thing written or spoken which could in any way be construed as reflecting on the character of the supreme ruler, was now held to involve Minuta Maiestas. How fearfully this engine of oppression was worked from the time of Tiberius downwards, is familiar to every reader of Tacitus, by whom the change of principle introduced after the dovvnfal of the republic, is distinctly explained, — Legem Maiestatis reduxerat ; (Tiberius ;) aii nomen apud veteres idem, sed alia in indicium veidehant : si qiiis proditione exercitiun, aiit plehem seditionibus, denique male gestu re puhlica Maiestatem Populi Roman: minuisset : facta arguebantur, dicta impune erant. Primus Augustus cognitionem de famosis libellis, specie legis eius, tractavit, commotus Cassii Severi libidine, qua viros feminasque illustres procacibus scriptis diffamaverat. Mox Tiberius, consultante Pompeio Macro, Praetore, an indicia Maiestatis redderentur, exercendas leges esse, respondit. (Tacit. Ann. I. 72.) "Vis. — Vis, as a legal term, was understood to denote the organizing and arming of tumultuous bodies of men for the purpose of obstructing the constituted authorities in the performance of their duty, and thus interrupting the ordinary administration of the laws. No such offence was recognised by the Criminal Code until the last century of the republic, when violent riots by hired mobs became so frequent, tliat M. Plautius Silvanus, Tribune of the Plebs, B.C. 89, passed the Lex Plautia de Vi, in terms of which, those convicted of such prac- tices were banished. The law is described by Cicero as — Legem quae de sedi- tiosis consceleratisqne civibus, qui armati Senatum obsederint, magistratibus vim attideriut, rempriblicam oppugnarint, quotidie quaeri iubeat (Pro Coel. 1.) The concluding words in the above sentence indicate a pecidiarity by which the statute was characterized, namely, that trials under it might be held on any day whatsoever — quotidie quaeri iubeat . . . diebus fastis ludisque publicis omnibus, negotiis forensibus intermissis, unum hoc indicium exerceatur. It does not appear, however, that a Queslio Perpetua de Vi was established until the Dictatorship of Sulla. The Lex Lutatia, passed in B.C. 78, seems to have been merely supplemental to the Lex Plautia. The Lex Pompeia de Vi, passed by Pompeius Magnus in his third consulship, B.C. 52, was intended specially for the punishment of those who had taken part in the murder of Clodius, and in the subsequent disturbances, when the Senate house was burned, and the mansion of M. Lepidus, the Interrex, attacked. After these cases had been disposed of, the Lex Plautia and the Lex Lutatia were again resorted to until superseded by the Lex Julia de Vi, passed by Julius Caesar while Dictator, by which, or by some of the Leges luliae of Augustus, tlie distinction between Vis Puhlica and Vis Privata, unknown before, was introduced, and a wide field opened up for lawyers, both speculative and practical. Of the extant speeches of Cicero, those Pro Sulla, (B.C. 62,) Pro Sesfio, (B.C. 66,) and Pro Coelio, (B.C. 56,) Avere delivered on behalf of individuals impeached under the Lex Plautia, and of these, that Pro Sestio especially pre- 304 lUDICIA PUBLICA. sents a most vivid picture of the disorders which prevailed at that epoch. After the execution of the ringleaders in the Catilinarian conspiracy, five or six persons deeply implicated were impeached De Vi under the Lex Plautia^ found guilty and banished (Cic. pro Sull. 2.) The trial of Milo (B.C. 52) was of course conducted under the Lex Pompeia, by which the proceedings were made shorter, and the penalty more severe. The chief provisions Avere ^— 1. That the trial should commence with the examination of witnesses upon both sides, and that three days should be allowed for that puiT^ose. 2. That one day should intervene, and then that the speeches of tlie accuser and the defendant should be delivered on one and the same day, that is the fifth, two hours being allowed to the former and three to the latter. 2. That 81 Indices should be chosen by lot, who should hear the whole pro- ceedings, but that, before they retired to vote, the accuser and the defendant should each have the right of challenging five out of each Ordo or Decuria, so that the number who actually voted would be reduced to 61. 4. That the president of the court (Quaesiior} should be elected by the Comitia {sxiffragio populi) out of those who had held the office of Consul. Milo was found guilty by a majority of 38 to 13 : one of his chief supporters and abettors, M. Saufeius, was acquitted, a few days afterwards, by a majority of 26 to 25, and having been again brought to trial, soon afterwards, imder the Lex Plautia, was acqiutted by a majority of 32 to 19 ; which seems to prove tliat the ordinary number of Jurors under the Lex I^lautia, as well as under the Lex Pompeia^ was 51. Incendiuni. — Arson. It has been inferred from a passage in the Digest, (XLVII. ix. 9.) that by the Code of the XII Tables, any one convicted of wil- fid {sciens pinidens) fire-raising, was himself to be burned alive. How long this statute, if ever acted upon, remained in force, we cannot tell ; but towards the close of the republic, the crime ofi Arson was included in the Lex Cornelia de Sicariis, and punished with Aquae et Ignis Inter dictio. The crime, when connected with a riot, was included also in the Lex Pompeia de Vi, and the Lex lulia de Vi. Parricidium. — Until the period of the Empire, when the term Homicidium was introduced, the word Parricidium was employed not only to denote the murder of a parent, but in an extended sense to signify the wilful malicious (dolo sciciis) murder of any free citizen, and even a person guilty of sacrilege was called, figuratively perhaps, Parricida. ^ By the Laws of the XII Tables ordinary wilfid murder was punished by de- capitation. In the earlier ages the crime M'as of very rare occurrence, (Cic. pro TuU. 9,) and when it was committed, the people either judged the case directly in the Comitia Centuriata, or appointed Commissioners, who seems to have been called Parricidi Quaestores,^ or the matter was investigated, with the consent of the people, and under the direction of the Senate, by the chief magistrates. * No new law against murder was enacted from the promulgation of the XII Tables until the last half century of the republic, when the insecurity of propeny and life, which resulted from the disorganization of society in the civil wars, became so fearful that SuUa endeavoured to check the evU by his Lex Cornelia ' See ARcoriius in Milonian. i I'aul. Diac. s. v. farrici Quaestores, p. 221. Plut. Rom. 22. Cic. de Le?g. II. 9. 3 Paul. Diac. I. c. 4 Sfp particularly the details recardine the proceedincrs upon the murder of Postumlus, Liv. IV. M. 51. Also Cic. Brut. 2i. de Fin. 11. IG. de N.D. lU. 33. lUDICIA PUBLICA. 305 de Sicariis et Venejicis, and by tlie establishment of a Quaestlo Perpetua to carry out its provisions. This enactment was of a character much more com- prehensive than its title would import, and formed the kernel of the Imperial ordinances, as we find from the Digest which contains large extracts. Not only assassins, (stcarii,) and all persons wlio had actually committed murder, but every one who could be proved to have can'ied weapons with the intent of com- mitting murder or robbery — qui cum telo ambulavcrit hominis necatidi furtive facicndi causa, hominemve occiderit — or who had compounded, sold, bought, been in possession of, or administered poison with felonious intent — quicunque fecerit, vendiderit, emerit, habuerit, dederit vcnenum necandi hoviinis causa — or who had procured t!ie condemnation of an innocent man for murder by cor- rupting witnesses or jurymen, became liable to the penalty imposed, which, for a free citizen, was Aquae et Ignis Interdiction to which Julius Cassar added confiscation of property. ^ We are acquainted with the details of two most interesting trials held under this law, that of Statins Albius Oppianicus in B.C. 7G, for the murder at Rome of a certain young man of Larinum, named Asuvius; and that of Anlus Cluen- tius Habitus in B.C. 66, for having suborned the Jury npon the trial of Oppi- anicus and subsequently poisoned Oppianicus himself. The particulars are given at great length in the speech of Cicero Pro Cluentio. AVith regard to Parricidium proper, or the murder of a parent, it was ordained by a very ancient law tliat the individual convicted of such atrocious guilt (crimen asperrimum — nefas uUinnan) should, after being scourged to the effu- sion of blood (virgis sanguincis verberatus,') be sewed up in a leather bag (insui in culcmn) and tin-own into the deep sea or a running stream, (nbvolutus et ohligatus corio deveJiebatur in profluentem^^ and this punislnnent seems to have been retained in the Lex Cornelia. ^ It is said tliat no example of this crime occurred for upwards of five centuries from the foundation of the city. The first individual convicted of murdering his father, was a certain L. Hostius, after the close of the second Punic war, and the first murderer of a mother was Publicius Malleolus before the Cimbric war. ' As an example of the prosecution of an alleged jiarricide under the Lex Cornelia, we have the trial of Sextus Eoscius of Ameria, impeached, B.C. 80, of the murder of his father, and success- fully defended by Cicero in a speech still extant. Pompeius in his second consulship, B.C. 55, passed the Lex Pompeia de Parricidio, in -which Parricidium, even in a restricted sense, comprehended the murder of all near relations, whether by blood or marriage, and also of a Patronus by his Libertus, but the punishment of the sack was retained in the case of those only who had murdered a father, a mother, a grandfather, or a grandmother, an unsuccessful attempt being visited with the same severity as the completed crime. It must be borne in mind, that under the republic and the early empire, the 1 See Cic. pro Rabir. perduell. ren 6. Pro Cluent. 52 — 67. 71. 2 Modestinus in the Digest (XLVIII. ix. 9.) when commenting on the Lex Pompeia de Parricidis, states Poena Pnrricidii, more maiorum, Jiaec ihstitulu est : ut Parricida rirgis tanguineis verlieratui, rlei/ide cuUeo insuntur aim cane, galln gallitiaceo, et vipera, et simia: deinrle in miiie ■jiiottindum culleus iuctatur. Hoc ita, si jnare prnximum sit : aliur/uin hesliis obiicitur sernn'ltnn Dili Hndiiiini Comtitudonem. But althoufih Modestinus uses the phrase more inaioinin, tlie addition of the animals must have been after the establishment of the empire. Seneca refers to the serpents, and Juvenal to the apes, but Cicero in a highly orna- mented and rhetorical passage on this very topic takes no notice of any thing but the sack — Maio-res vo'lri .... insui roluermit in culeum vivos, algue ita in Jiumen deiici. (I'ro Rose. Araer. '25.) Moreover, there were no monkeys in Italv. 3 Plut. Kom. 22. Ehetor. ad Herenn. I. 13. Liv. Epit. LXVIII. Ores. V. 16. X S06 lUDICLi. PUBLIC A. murder of a slave by his master involved no penalty, while the murder of a slave belonging to another subjected the perpetrator merely to an action of damages on the part of the owner. Although ordinary murders may, for a long period, have been rare, we find mention made on several occasions of poisoning, which, if we can put any fiiitli in tlie details, was sometimes practised upon a most extensive scale. Thus in B.C. 331, two Patrician matrons fell under the suspicion of having caused a pestilence, which was ravaging the city. They were found guilty and — comprehensae extemplo earum comites magnum numerum matronarum indica- verunt: ex quihus ad centum septuaginta damnatae. Neqiie de Venejiciis ante earn diem Eomae quaesitum est. (Liv. VIII. 18.) In B.C. 184, we find Q. Naevitis Matho, one of the Praetors, appointed to the government of Sardinia — et ut idem de Venejiciis quaereret — and we are told that he was detained for foiu- months by — Quaestiones Veneficii quarum magnam partem extra urbem per Municipia Conciliabidaque habuit, quia ita aptius visum erat. Si Antiati Valeria credere libet^ ad duo r.riUia liominum damnavit. (Liv. XXXIX. 38. 41.) In B.C. 180, on occasion of a pestilence, a suspicion of poisoning arose — et Veneficii Quaestio ex S. C. quod in urbe^ propiusve urbem decem millibus passman esset coinmissum, C, Claudia, Praetori . . . ultra decimum lapidem per Fora Conciliabidaque C. Maenio, jmusquam in Sardiniam provinciam transirct, decreta — and soon after C. Maenius wrote a letter to the Senate acqiuiiiiting them — Se iam tria millia hominum damnasse et crescere sibi Quaesiionem indiciis. (Liv. XL. 37. 43.) Comp. Liv. Epit. XLVIII. Val. Max. IL V. 3. VI. iii. 8. IScpctuiidae. — The Crimen Repetundarum (sc. pecuniarum) in its original etymological signification denoted a charge of extortion preferred against a Roman provincial governor. The provincials who brought the charge were said according to ancient phraseology — res repetere — and part of the punishment inflicted, when an offence of this natm-e was proved, was a restitution of the sum or objects illegally appropriated, and hence such sum or such objects were Res Repetundae. In process of time, however, the Crimen Repetundarum was lield to apply to any act of misgovemment or oppression on the part of a pro- vincial governor — male adnnnistratae Provinciae crimen. During the earlier ages of the republic we find Poman magistrates accused, from time to time, either of extortion, properly so called, or of misgovemment generally. Such cases were sometimes tried by the people directly in the Comitia Centuriata, or by special Commissioners appointed by the Comitia, or the matter was referred to the Senate, who appointed Commissioners or submitted the whole matter to the Tribunes of the Plebs. ^ Soon after the termination of the second Punic war the Lex Porcia., of M. Porcius Cato, was passed with a view to clieck the malversation of provincial governors, but no regular court was instituted until the passing of the Lex Cal- pnrnia (see p. 290,) in B.C. 149, by which tiie first Quaestio Perpetua was in- troduced. From that time forward the rapid degradation in the morals of public men, demanded a series of enactments each more comprehensive and more severe than its predecessor, and all equally inefficacious. These, taken in chronological order, were — 1. Lex Calpurnia, B.C. 149. 1 Forexamplps and iUustrations, see I.iv. ^t. l. X. 4G. XXIV. 43. XXVI. 2(5. 30. 33. 34. XXIX. 8. k;. XXXVIII. -il XXXIX. a. 5. XLII. 1. XUIL '^. 7. Kpit. xux. Va;. Ittax. VIII. L ■2. I'lut. Cat. 15. Aul. UeU. IV, 17. lUDiciA runLicA. 307 2. Lex lunia, passed by M. lunius, a Tribune of the Plebs. Date unknown. 3. Lex Servilia, passed by C. Servilius Glaucia, Tribune of the Plebs, B.C. 105. 4. Lex Acilia, passed by M'. Acilius Glabrio, Tribune of the Plebs. B.C. 101. 5. Lex Cornelia, passed by Sulla. B.C. 81. 6. Lex lulia, passed by lulius Csesar in his first Consulship. B.C. 59. Consequently all the trials De Repefundis in which Cicero took a part, e.pr. that of C. Verres, B.C. 70— ]\r. Fonteius, B.C. 69— P. Oppius, B.C. 69— C. Manilius, B.C. 65— L. Valerius Flaccus, B.C. 59— C. Antonius, B.C. 59— M. Aemilius Scaurus, B.C. 54 — A. Gabinius, B.C. 54 — were lander either the Lex Cornelia or the Lex Julia. The proceedings against VeiTCS afford an example of a trial De Repetundis under the Lex Cornelia in its most complete form, except that the opening speech, the Actio Prima, is less full than it would have been under different circumstances. Falsum. — Forgery. No special law against this crime existed until the time of Sulla, by whom the Lex Cornelia de Falsis Avas passed, and a Quaestio Perpetua instituted.' The chief offences of which this court took cognisance were — 1. Forging, destroying, concealing, altering, or in any way tampering with a will — Testamentum — falsum scriJ>ere — surripere — supprimere — celare— deters — interlinere: Signum adxdterinum scidpere — -facere — exprimere., &c. 2. Coining base money, &c. — Nummos aureos, argenieos — adulter'are — lavare — conjlare — radere — corrumpere — vitiare . . . Aes inaurare — argentare, &c. 3. Bearing false testimony and corrupting witnesses — Ob falsum testimonium, perhibendum vel verum non perhibendum pecuniam accipere — dai'e. This crime was provided for in the Code of the XII Tables, and punished by hurling the offender from the Tarpeian rock. The penalty attached to the Lex Cornelia de Falsis., as indeed to all the laws of the Cornelian criminal code, M'as Aquae et Ignis Interdictio. Pcculains denotes the embezzlement of public property., while Furtum is the abstraction of the property of an individual. This crime was of rare occurrence in the earlier ages, and many of the trials upon record were the result of party feeling rather than of any corruption on the part of the person accused. Among the most remarkable were those of — M. Furius Camillus (B.C. 891) - — of M. Livius Salinator, aftenvards Consul and Censor ^ (3.C. 219) — of the brothers P. Cornelius Scipio Africanus and L. Cornelius Scipio Asiaticus * (B.C. 187)— and of M'. Acilius Glabrio ^ (B.C. 139.) We learn from the speech of Cicero for Murena (c. 20) that a Quaestio Per- petua had been established for the trial of cases of Peculatus as early as B.C. 90, but when it was first instituted, and imder what law it was administered we cannot determine. Whatever the law may have been, it would seem that it remamed in force until the enactment of a Lex lulia by Julius Cffisar or Augus- tus. In the Lex lulia de Peculatu was comprehended the crime of Sacrilegium, in so far as it extended to abstracting or injming the property belonging to a temple or to the services of religion. 1 Act. in Verr I. 42. de N. D. III. 30. 2 Liv. V. 32. Plut Cam. !■>. S Aurel. Vict, de vir. ill. 50. 4 Llv. XXXVIII. 60. XXXIX. 22. 52. Val. Max. III. vii. 1. V. iii. 2. VL i. 8. VIIL L I. Aul. Cell. IV. 18. VIL 19. * Liv. XXXVII. 57. JKIH ti'pitiA niM \i \ 'I'lio ('i illicit ih> /'<(•((»(("»,« liifniiliiiii Willi iliwuilv oiiinii'i>li'i| Willi llio ( 'Hdirn lltm> lliiil It tiii| liiiiiilii nl' Miiiiio iillli'liil will) liiiil null Mi'i'iiiiiiliMl lliHv III llin I'.iivi'rniiinil. I'liiinliii) Miillii, nuii ul' llm IHi'liiIni', Wim liiliiiii>iil> iii'lliiri niiliiio, III ri'll'iiMioo 111 Diiiim i'immiIvimI Iiv IiIm nillioi, lull, nil liiiil iioliiiilly liiiiK |iliii Im riKiiio |>iil>lli> t>nii>o in iiii|i>i' III iuMMiii' liin tili'iillun, 'I'lilfi iiHi'iinii wiin iiliinifil. inilinoivii In llio iwiilliii i||^iil linni llini> In llnin vvlinnn iili|)lihiiM, miu'Ii im lliiili jiiiummiI In II, 1 1, >|;IM, piii' liiliiliii|i i'iiiiilliliiliv4 I'lnni \vriiilii|i II riiiiiinliMiiiiiii liii'ini; (|i, I'// |) mimI IImi I iV I'ihIiIiii nl'd riiololiiui, 'rilliiino III' llm I'Ii'Iim, 11(1 IliiM, liili'iii!iiil In ri<|iii>nn llm tiKi'i'fiiilvn y,i' 'riiniii winl nn lni'riiiinlii|j In I'liiiiiiilly iiiiUI llm IImiiI nviirllii'niv nl' llm «niml||iilliiii, 'llm Imivm /'ii Aiiihilii, ImLi'ii ill iilii'niiii|ii|>li'iil niilni', vvi'i'ii llm liiilnwln^ : I, l,iv ('iiiiii'liii lliirhlii, piiHiiiiil liy llm CiiiiMiilii nl' It, II, IHI, I', (IihimiIIiiii <'i'llm|MlM iiiiil l\1. Iliii'liliin Tiinipliiliin, ( 11' ||n pinvlNliiiin wn liliniv lin||iln|i, '/!, Li'.r. Ciinicliii i'lilrin, piifiiinil liy llin ChiimiiIm nl' 11.(1. Will, (I||. (IniiiiitliiM I'liiiilii'llii iniil M. I'lilviiiM Nnlilllnr. 'riinnii hiiiivIiiIimI innli'i lliU liiiv wi'in iIIn ijiiiililli'il linin Mlinii|iii|i liir iiiiv piililln nlllnii I'm' Inn )'iiiiiii, (l.lv. I'.pll HIiVII Hiliiil, Knii, III Onil. pin, Hii!l.'/i,) il. /,('»/ niiiild. piiwiMil liy (1. \linliiH vvlinii 'ritltiiim nf llm I'lnliiN. 11(1, III* Hiiiim imlinliirH IikIikvii iIimI, I.IiIh \\m llm liiw iiiiiImi- iUiIi'Ii llm IJiiiiiimIIii IViiulmi ill' Aniliilii wim ('mI,(iIiIIhIiiii|, (Cjn, iln l,i'(i(r, III, I'/. I'liH, Mm'. -1.) 'I, /,ri: hililii, prnlillilllii^ llm ihiimIIiIiiImh riniii liiiliif/ iiNt'iiilml liy n lung imUv "ICIIi'iilM iini«l. liy llm ii'iimimm Inilniy kwuIiiI In hy ||m M|iiiiilf« nl' VmrcH In 11,(1, '/d, In mdm In jiii'Vi'iil, (Ili'crn limn lirliijr uliii'liiil AciIIIm. '1, l.rm 't'lilliii, piiMHi'il liy (III I Ml wliMi Cmmnl, II, ('.(III, lln pinpnudil IIiIn Ihw, wlildi wim iiiiii'li inmii ("I'vcki IIi/iii llm /,i'iii I 'iiljiin iilii, (iiiiilln nri'i'i Inr i/inini t iilliiniiiii, HiIkiI, Itnli. In Viil, ) In cmmnipmiiMi nl llmcminpl, piinllii'M n| |iIm oiMipi'iliniN nC llm prmiKillMt/ ymii', dol.llhm mnl AnInnliiN, In mlillllmi In iJm (I'milfli'it I) mil l,y llm /,,,„ ( ulininiln, II. wim uniml.iMl llii(U,linMiMinMvlnl.ml nIioiiIiI » ll«l. .33. iJialog. de c.ius. C. E. 1. Quintil. I. O. IV. i. 7. VI. iv. 22. Plin. Epp. I. ill III. 4. I'wpud. A,scon. in Cic, Div. in Q. C 4. '^ Cic pro Cluf-nt 70. pro I'ontei. 12. pro Flaco. 3.3. pro Mnren ?7. pro Coel. Dir. in Q. C. ).'>. and note of Pseud. Ascon. Epp. ad Earn. VH[ 8. Val. Mii.\. IV. ii. 5. Ascon. in Milonian. •"> Ascon. Arcum. in Cic. pro Kcaiir. I)i!ilo)r. do cans. C. E. :i8 4 Ascon. Argum. in Milonian. Cic. Brut. 'Ji. de Einn. IV. J. Dion Cass. XL. bi. lUDICIA rURLICA. 313 in principle, that of a Patron to a Client, it was considered disreputable to receive pecuniary remuneration, or even gifts, for executing a task, the due performance of which was a sacred duty. However, as early as B.C. 204, tlie Lex Cincia Muneralis was passed — qua cavetur ne quis oh causam orandam pecuniam donumve accipiat ' — whicli proves that the practice of accepting fees, in Civil Suits at least, had at that early epoch, begun to e.\cite attention, and to call for legislative interference. After the overthrow of the republic, the position of Pleaders, with regard to the people at large, was entirely changed. Tiie latter were no longer, as formerly, the dispensers of all political distinctions, and therefore thefonner had no longer tlie same inducements to court their favour. Jloreover, tlie most important Criminal Trials now took place in the Senate, from whose deliberations the public W3re excluded. Hence persons could not be easily found willing to devote their time and talents to the sen-ice of those from whom they could obtain no acknow- ledgment, and the practice of taking fees seems to have rapidly become general. Augustus endeavoured to restore the ancient discipline in this matter, by passing an enactment, that Pleaders, convicted of having accepted remuneration, should be compelled to refund the amount fourfold ; but from the change of circum- stances, it is manifest that such a regulation could not have been enforced with advantage to those parties whom it was intended to protect. Accordingly, we read that Claudius, when a proposal was made during his reign to revive the Lex Cincia^ found it expedient to fix the maximum which it should be lawful for a Pleader to receive, (10,000 sesterces,) instead of making a vain attempt to forbid the practice altogether.^ Prom this time forward, pleading at the bar became fully recognised as a Profession, in the modern acceptation of the word. Those who followed this calling were now usually termed Causidici; and Juvenal, when complaining of the want of encouragement for men of letters, reckons the Causidici among those whose exertions were inadequately rewarded. It may be seen, from the examples given by Valerius Blaximus (VIII. iii.) that women were not prohibited from pleading in a Court of Justice. Offences committed by Pleaders. We have seen above, that after the insti- tution of the Quaestiones Perpeinae, it was competent for any Roman citizen to prefer a charge in tliese Courts. This privilege might be abused in various ways, and in process of time it was found necessary to restrain certain oftences connected with ])ublic prosecutions by penal enactments. The offences against which these statutes were directed were chiefly — 1. Tenjiversatlo. 2. Pracvaricatlo. 3. Calumnia. — Accusaiorum te- merilas tribus modis detegitiir et tribus poenis subiicitur, aut enim calumnian- TUR, aut PKAEVAUICANTUR, aut TEItGIVERSANTUR. The nature of these we shall briefly explain. 1. Tergirergatio. When an accuser, after having brought a charge against any individual, was induced, by corr..pt motives, to abandon the accusation, either by not appearing on the day fixed for the trial, or by formally abandoning the case before tiie trial had been brought to a regular conclusion, lie was said Tergiversari. Tiie result of sucii a step was the erasure of tlie name of tlio defendant from the roll of accused persons ; and during the period of the republic 1 Tacit. Ann. XI. 5. comp. XIIJ. 42. Cic. Cat. Mai. 4. ad Att. I. 20. Liv. XXXIV. 4. Paul. Diac. s. v. Muneralis, p. 123. 2 Tacit. Ann. XI. 5-H. 314 lUDICI.V rUBLICA. no proceedings seem to have been taken against the accuser, who would merely Buifer generally in character. But the practice of extorting money by threatened prosecutions became so frequent under the empire, that in the reign of Nero, a measure was passed by C. Petronius Turpilianus, Consul, A.D. CI, cited some- times as the iex Pej of the Greeks, was tlie Goddess of Love and Beauty. She was worshipped in the Forum under the title of Cloacina, or Cluacina, i.e. The Purifer, and in tiie Ciicus I\laximus as Venus Mtu-tea, an epithet derived probably from the myrtle, her favourite plant. The two festivals named Vinalia, the first cele- brated on 23d April, {IX. Kal. Mai.) and the second, the Vinalia Paistica, on IDth August, {XIV. Kal. Scpir.) were sacred to lovis and Venus. 8. Cei!KS, identified M'ith the Greek A-^/u,7]TyiQ, i.e. Muther-Earth, was the Goddess of Com and Agriculture. Her worship, as we are assured by Cicero, (I'ro Balb. 24.) was derived from Greece, and conducted by Grecian priestesses. RiaiGIOX OF ROME. 319 The festival of Ceres, the CcrcaUa, commenced on the 12th of April (Prid. Id. J/)r.) and lasted for several days. There were also rustic festivals in honour of this goddess, the Paganalia and the Feriae Sementivae in seed-time, and the Ainharvalia before harvest. The latter was so called because the victim was led thrice round the fields before it was sacrificed. (See Virg. G. I. 338. TibulL II. i. 1.) 9. Mars s. Mayors s. Mamers s. Makspiter, the God of War, was the Aj>7f of the Greeks, and with him was associated a female goddess, Bellona, but the name of his wife was Neria or Neriene. As the god who strode with warlike step to the battle-field, he was worshipped under the epithet Gradivus ; and as the protector of the country, he was styled Mars Silvanus. Quirinus, i.e. Spear-Bearer or Warrior, was also an epithet of Mars, but was employed more frequently as the appropriate appellation of deified Romulus. Horse races in honour of Mars, called Equiria, took place on the 27th February (///. Kal. Mart.) and on the 14tli IMarch, (Prid. Id. Mart.) and chario't races on 15th October, (Id. Octobr.) on Avhich occasion a horse, called Equus October, was sacrificed to the god in the Campus Martins. The festival of Bellona was on the 4th of June (Prid. Non. lun.) 10. Neptunus, the Lord of the Sea, whose name appears as Netiiuns on Etruscan monuments, M-as identified with the Greek JJoaetdai/. There was also a PoRTUNUS, the God of Harbours. The festival of Neptunus, the Neptunalia, was celebrated on the 23d July (A'. Kal. Scxtil.) 11. VuLCANUS s. Mulciber, the God of Fire, the Sethlans of the Etruscans, was identified with the''Hcov^oi of the Greeks, and were believed to have some connection with the mysterious Dii Cahiri of Samothrace. They are generally represented on horseback hearing long spears, with conical caps on their heads, whence they are called by Catullus, Fratres Pileali. Dii iVoveiisiles. — This is the Roman term for the Nine Gods, who were believed by the Etrascans to possess the power of Avielding thunderbolts. The names of seven only of these can be ascertained. 1. Tinia or lovis. 2. Cui^ra or lUNO. 3. Menrva or Minerva. 4, Summanus, who was probably iden- tical with Orcus, hurling his bolts by night, while those of lovis were launched by day. 5. 3Iaes. 6. Sethlans or Vulcanus. 7- V£DIUS or Vkiovis, a y 322 KELIGION OF KOME. deity with regard to whose nature and attributes great diversity of opinion pre- vailed among the Romans themselves in the Augustan age. See Ovid Fast. III. 429. Dionys. I. 15. Aid. Cell. V. 12. Macrob. S. III. 9. »ii liidigetes, i. e. Gods natives of the Soil, were mortals, ■who by their bravery and virtues had won for themselves a place among the celestials. Such were Hercules, whose rites were established in Italy at a very remote epoch, his altar, called Ara Maxima, in the Forum Boariinn, having been erected, according to tradition, by Evander ; jEneas, to whom sacrifice was offered yearly on the banks of the Numicius, under the name Iupiter Indices; and KoMULUS, worshipped luider the name of Qumiis'us, whose festival, the Quirinalia, was celebrated on the 17th Febmary (XIII, Kal. Mart.') The festival of FoRXAX, the goddess of bake-houses, the Fornacalia, was held on the same day, which Avas also, for some reason not known, styled Festa Stultorum. 8eiuoiics. — All of the personages mentioned in the last paragraph were, it will be observed, divine by one parent, and hence might be appropriately termed Semones, i. e. Semiliomines. The deity most frequently mentioned imder this title was the Sabine Semo Sancus, the God of Good Faith, who was held to be tiie same with the Latin Dius Froius, both being identified with the Greek or Pelasgian Hercules. See Ovid Fast. VI. 213. His festival was celebrated on the 5th June {Nan. Fm.) Riirni Deities — As might have been expected among tribes devoted to agriculture and a pastoral life, the Italian Pantheon was very rich in Eura! Gods. Among the most notable of these, in addition to the XII. Dii Consentes of the Country, enumerated above, were Faunus, M'hose festivals, the Faunalia, were celebrated on the loth February, {Id. Febr,) on loth October, (///. Id. Octobr.) and on 5th December (No7i. Decembr.) and in addition to Faunus regarded as an individual God, there was a class of rural deities called Fauni, who, in many respects, corresponded to the Sari/j o; of tiie Greeks : there was also a female power. Fauna, who is sometimes identified with Tellus, Ops, Bona Dea, and Fatna : Lupercus, whose festival, the Lupercalia, was cele- brated at a spot on the Aventine, called Lupercal, on the 15th February (XV- Kal. Mart. :) Faunus and Lnpercus, together with a third, named Ixuus, were, in later times, identified with each other, and with the Arcadian Pan : Picus and SiLVANus, Gods of the Woods : Pales, the deity of shepherds, represented by some writers as a male, and by others as a female power, whose festival, the Palilia, celebrated on the 21st April, (AT. Kal. Mai.) was believed to mark the day on which the city was founded (Dies Natalis urhis Romae:) Pomona, the Goddess of fruits : Vektumnus, the God of the changing seasons : Anna Peuenna, the Goddess of the circling year, whose festival was celebrated on the 15lh Jlarch (Id. Mart.:) Terjiinus, the God of Boimdaries, whose festival, the Terminalia, was celebrated on 23d February (VII. Kal Mart.) PcrHonifirniioiiH of .'floral Qualities, &c. — A Striking characteristic of Roman mytliology was the homage paid to tlie Moral Qualities, tiie various Afl'cctions of the mind, and many otiier Abstractions. Thus temples were erected and sacrifices were offered to Virtus, IIonos, Fides, Spes, Pudor, Payor, Concordia, Pax, Victoria, Libertas, Salus, Iuventas, Mens, Fama, and a midtitude of others, among whom Fortuna or FORS Fortuna, tiie NoKTiA of the Etruscans, must not be forgotten. Some other deities, who do not fall under any of the above classes, may be mentioned here. Such were Mater Matuta or" Aurora, goddcsa of the early RELIGIOX OF ROME. 323 dawn, the Thesan of tlie Etruscans, the 'II^Jj of the Greeks, whose festival, t!ie Matralia^ was celebrated on 11th June (///. Id. Inn.) Coxsus, God of Secret Counsel, whose altar was buried in the earth in the Circus Maximus, and uncovered once a year only at his festival, the ConsuaUa, which was celebrated on the 18th August, {XV. Kal. Sept. ) the anniversary of the abduction of the Sabine maidens. LiBiTiNA, Goddess of Funerals, identified with Venus. Laverna, Goddess of Thieves. Feronia, originally a Sabine goddess, whose attributes are very doubtful, but who was probably in some way connected with Soranus, the Sabine God of the Lower World. Vacxjna, also a Sabine goddess, who was variously identified with Ceres, Diana, Venus, Minerva, and Victoria. Car- menta, identified with the prophetic mother of Evander, whose festival, the Carmenialia, was celebrated on 11th January (///. Id. Ian.) Camenae or Casmenae, nymphs analogous to the Greek Muses, one of whom was Egeria, the mistress of Numa. Fata s. Parcae, the Goddesses of Destiny. Furiae s. DiRAE, identified with the Greek ^E^iui/ve;, the Goddesses who inspired raging madness. Manes, the spirits of the departed, called Lemures when they exhibited themselves in frightful forms, Avliose festivals, the Feralia and Levmria, were celebrated, the former on 18th February {XII. Kal. Mart.) the latter on 9th May ( VII. Id. Mai.) Mania, whom we have named above as the wife of Orcus, is sometimes termed mother of the Manes, while the mother of the Lares was Lara or Larunda or Larentia, whose festival, the Larentalia, was cele- brated on the 23d December (A'. Kal. Ian.) In later times, Lara or Larentia was held to be Acca Larentia, the wife of Faustulus. Van-o (L.L. V. § 74.) states, on the authority of the Amiales, that King Tatius dedicated altars to Ops, Flora, Vediiis, lovis, Saturnus, Sol, Lima, Volcanus, Summanus, Larunda, Terminus, Quirinus, Vortumnus, the Lares, Diana, and Lucina. In another place (L.L. VII. § 45.) he names VoUurnus, Diva Palatua, Furrina, and Falacer Pater, among the deities to whom separate priests Avere assigned by Numa. According to Servius, the ancient Eomans gave the title of Pater to all Gods (Sei-v. ad Virg. ^n. I. 55.) Foreign Deities. — Although the Romans M'ere readily induced, by very slight resemblances, to identify their national gods with those of Greece, they, for a long period, looked with jealousy upon the introduction of deities avowedly foreign, and few were admitted, except in obedience to the dictates of an oracle or prophecy. Among those imported in this manner were — Aesculapius, God of the Healing Art, whose worship was introduced from Epidaunis in B.C. 291, in consequence of instructions contained in the Sibylline Books, which had been consulted two years previously as to the steps to be taken for averting a pestilence. Cybele, the great Phrygian Goddess of Nature, whose worship was introduced from Pessinuns in B.C. 205, in obedience to an injunction contained in the Sibylline Books. By the Greeks, she was identified with 'Pe«, and styled fcsy»'Kyi fCYiTYoi Qiuu, and hence her festival, which was celebrated with great pomp at Rome on the 4th of April {Prid. Non. Apr.) and following days, waa named Megalesia. Priapus, the God of Gardens, belongs to this class, since he was imported from Lampsacus on the Hellespont into Greece, and thence passed into Italy, superseding, to a great extent, the native Horta. Towards the close of the republic, the worship of the Egyptian Isis became fashionable, and, under the empire, Osiris, Anubis, Serapis, and a multitude of outlandish deities were eagerly cultivated. 824 RELIGION OF KOIIE. Holy Tilings and Holy Places. There are several terms which express the religious feelings entertained by the Romans, which it may be proper to explain before entering upon the second division of our subject. f UH. Ncfas. Fatum. Fanum. Profauus. Fanaticua. — All of theso ■words are connected etymologically with tlie verb Faiu. Fas denotes the Law or Will of the Gods, including every thing which has received the express sanction of the divine Word. Nefas is every thing opposed to that Law or AVill. Fatum is that which has been spoken or decreed by the deity, and which must therefore inevitably come to pass. Fanum is a place consecrated by holy words. Pro/anus is applied to any object not within the limits of a Fanum, and is merely a negative epithet, signifying 7iot consecrated. Fanaticus is properly one who dwells in a Fanum, and is inspired by a God ; and since, according to the views of tlie ancients, inspiration was frequently accompanied by frantic enthusi- asm, fanaticus often denotes mad or fatuous; Doris the epithet confined to animate objects, for fanaticum carmen is a prophecy, 'dnd faiiatica arbormeana a tree struck by lightning (Paid. Diac. p. 92.) AVith regard to the adjectives, Fastus, Nefastus, Fesius, Profestus, which are generally used with reference to time, we shall speak at large in the next chapter. I>!iaccr. Sacraiu. Sacrariuui. !>>acora.'7tOVt'o^VtV, O^VOV O^UIW Nor aught there is by augury, but for a Bird may pass; A word, a sign, a sound, a sneeze, a servant or an ass. ' Instimiioii, ivmnbcr, iTlode of Election, &-c. — The whole System of Divi- nation, in so fur as the public service was concerned, was placed under the control of the Corporation or Collegium of Angures, The institution of this priesthood is lost in the darkness of remote antiquity, the statements of ancient writers being full of doubt and contradiction. Romulus is said to have employed the aid of Augures in founding tlie City, and to have nominated three, one from each of the original Tribes, the Ramnes^ the Tities, and the Luceres. At the period when the Lex Ogulnia was passed, (see above p. 326,) i.e. B.C. 300, there M'ere four, and five being added from the Plebeians by that enactment, the total number became nine, which was subsequently increased by Sulla to fifteen, and by Julius Cssar to sixteen. ^ The president was styled Magister Collegii, but he did not occupy such a conspicuous position in relation to his colleagues as the Ponti/ex Maximus with regard to the ordinary Pontijices. The mode of electing Augurs underwent exactly the same vicissitudes as that of electing Pontijices, described above. They Avere originally chosen by Coop- tatio, which was followed by Inauguratio. In terms of the Lex Domitia, the right of filling up vacancies was transferred from the College to seventeen out of the thirty-five Tribes, was restored to the College by the Lex Cornelia, was modified by the Lex Atia, and again restored by the Lex Antonia, which was, however, speedily annulled. Eventually the appointment lay with Augustus and his successors, who increased or dimmished the number at pleasure. Ins Auguriim s. Ins Ang'urinni. — The rules constituting the science {disciplinci) of Augury were derived in a great measure, if not exclusively, from the Etruscans, and formed the lus Augurum, by which the proceedings of the College Mere regulated. When doubt or uncertainty arose in any matter connected with this department, it was customary to submit it to the College, {referre ad Augures,) and their decisions were termed Decreta s. Responsa Axigurum. ^ Insignia, Pi-ivileges, &c. — In common with all the higher priests, they wore the Toga Praetexta, in addition to which they had the purple striped tunic called Trabea, their characteristic badge of office being the Lituus, a staff" bent round at the extremity into a spiral cun-e. This tliey employed to mark out the regions of the heaven when taking observations, and it is constantly represented on coins and other ancient monuments in connection with those who had borne the office. * See cut annexed. 1 Gary's Translation of the Birds of Aristophanes, Act. I. Sc. VI. 2 Liv. I. an. IV 4. X. a Kpit. LXXXIX. Dionys. II. 22. 01. Cic. de R. II. 9. 14. de Div. L 40. Plut. Num. !5. Dio'i Cass. •° Cic. de Div. I. 17. II. 28. SX 5h. 3C. de N. D. II. 4. de Legg. II. 12, 13. de R. IL 31. * Serv. ad Virg. jEn. VII. GI2. Cic. de Div. L 17. 330 MINISTERS OF RELIGION. The Inauguration or solemn admission into office, was celebrated by a sump- tuous repast, the Coena Auguralis s. Aditialls, at which all the members of the College were expected to be present. Two individuals belonging to tlie same Gens could not be Augures at the same time, and no one could be chosen who was openly upon bad terms with any member of the Corporation. ^ The office of Augur {Auguratus) was for life. A person once formally admitted could not, under any circumstances, be expelled — Honor e illo nunquam pricari polerant, licet maximorum criminum convicti essent (Plin. Epp. IV. 8. Plut. Q. IL 99.) 3. Qaindecemviri Sacrorum. The prophetic books purchased by King Tarquin from the Sibyl, and hence termed Lihri Sihjllini^ were consigned to the custody of a College of Priests, whose duty it was to consult them {lihros inspicere s. adirc) when authorized by a decree of the Senate, and to act as the expounders (interpretes) of the mysterious words. The number of these Oracle-keepers was originally two, but in B.C. 369, was increased to ten, of whom, after B.C. 367, one half were cliosen from the Plebeians, and by Sulla was increased to fifteen. ^ Their title was of a general character, being Duumviri s. Xviri s. XVviri Sacrorum s. Sacris faciundis, and in early times their duties were not confined to the custody and exposition of the sacred volumes, but they were, in certain cases, intrusted with the task of carrying out the injunctions found therein, and in the celebration of various rites. Tims we find them taking charge of Lectisternia^ of the fes- tival of Apollo, and of other solemnities — Decemviros Sacris faciundis^ Car- vdnum Sibgllae ac Fatorum populi Indus interpretes, antistites eosdem Apolli- naris sacri caeremoniarumgue aliarum Pleheios videmtus. ^ 4. Epnlones. The superintendence of banquets, in honour of the Gods, according to the arrangements of Numa, formed part of the duty of the Pontijices — Quum essent ijisi a Numa ut etiam illud ludorum epulare sacrijicium facerent instituti — and we have stated above, that the Lcctisternia were frequently conducted hy i\\(i Duumviri or Decemviri Sacrorum. But in B.C. 196, in consequence ot the pressure caused by the multitude of ceremonial observances — propter viullitudinem sacrijiciorum — a new Corporation of three priests was instituted, to whom was committed the regulation of sacred Epulae, and who were hence called Triumviri Epvlones. The number was subsequently increased, probably by Sulla, to seven, by Cassar to ten, while under Augustus and his successors it would vary, but they are usually designated by the style and title of Septemviri Epnlones. In common with the Pontijices and other higher priests, they had the right of wearing the Ihga Praetexta. * There were several other inferior Collegia Sacerdotiim, not attached to any one particular deity. The names and functions of these we shall notice very briefly. 1 I.iv. XXX. aO. Cic. ad Fam. III. in. VII. 2r,. ad Att. XII. 13. 14v 15. Brut. I. Varro R. R. IM. r;. Plin. H. N. X. 23. Suet. Cal. 12. Claud. i'J. 2 I-iv. V. li VI. .37. 42. Cic. de Div. 1.2. ad Fam. VIII. i. Tacit. Ann. XI. 11. Suet. Caes. 70. Dion Cass. XI.IV. 15. LIH. 1. * I.iv. X. 8. cotnp. V. 13. XXII. 10. « Cic. doOrat. in. I!». Orat. de Ilarusp. resp. in. I.iv. XXXIII. 12. Tacit Ana III. G4. Lucan 1. 002. Aul. Cell. I. 12. I'aul. Diac. 8. v. i>a/ono4 p. 7S. MINISTEKS OF RELIGIOX. 331 Fratres Arvales. A college of twelve priests, whose institution is connected with the earliest legends relating to the boundaries of the city. It is generally believed that their duty was, each year on the 15th of May {Id. Mai.) to pro- pitiate those Gods upon whose favour the fertility of the soil depended, by a sacrifice termed Ambarvale Sacrum., the victims offered {Hostiae AmbarvaUs) being driven round the ancient limits of the Roman territory. In this manner the fields were purified {lustrare agros.) A portion of one of the Litanies employed by this priesthood is still extant, and is regarded as the most ancient monument of the Latin language. Private Ambarvalia were celebrated by the rustic population in various localities, for the purification of their own districts, and some scholars maintain that the Ambarvale Sacrum, was in all cases a private rite. There is certainly no conclusive evidence that it was ever oflTcred by the Fratres Arvales. ^ Rex Sacrorum s. Sacrtjicus s. Sacrificuliis. This, as we have already had occasion to point out, (p. 133,) was a priest appointed upon the expulsion of the Tarquins, to perform those sacred duties which had devolved specially upon the Kings. The title of Rex having been retained in the person of this individual from the feeling that holy things were immutable, a certain amount of dignity was unavoidably associated with the office ; but the greatest care was taken that no real power, religious or secular, should be in any vi-aj connected with the de- tested name. The Rex Sacrijiculus was necessarily a Patrician, was nominated, it would seem, by the Pontifex Maximus, or by the College of Poniifices, and was consecrated in the presence of the Comitia Calata. He held his office for life, and took formal precedence of all other priests, but was placed under the control of the Pontifex Maximus: the tasks assigned to him were for the most part of a very trivial character, and he was not permitted to hold any other office, civil, military, or sacred. His wife, by whom he was assisted in certain rites, was styled Regina, and his residence on the Via Sacra was known as the Regia. Although this priesthood was of small importance, and was so little coveted that towards the close of the republic it fell into abeyance, it was revived under the empire, and existed down to a very late period. ^ Haruspices or Extispices, whose chief was tenued Summus Haruspex, pre- sided over that very important department of Divination in which omens were derived fi'om inspecting the entrails of victims offered in sacrifice. Their science, termed Haruspicina s. Haruspicum Disciplina, was derived directly from Etruria, and those who practised it were said Haruspicinam facere. The inferiority of the Haruspices to the Augures is clearly indicated by the fact, that while the most distinguished men in the State sought eagerly to become members of the latter college, Cicero speaks of the admission of an Haruspex into the Senate as something unseemly. * Fetiales, * a college of Priests said to have been instituted by Numa, consist- ing, it would appear, of twenty members, who presided over all the ceremonies connected with the ratification of peace, or the formal declaration of war, 1 A most elaborate investigation with regard to the origin and duties of the Fratres Arvnlet is to be found in the work of Marini, published in 1795,under the title Alti e monumenti d. fra. telli .irvali, &c. Aul. Gell. VI. 7. Plin. H.N. XVIII. 2. TibuUus. II. i. 1. Virg. Georg. 1. 345. Macrob. S. III. .'i. Paul. Diac. s. v. .imbamales Hosliae, p. 5, and the note of Mueller. 2 Liv. II. 2. III. n9. VI. 41. XL. 42. Dionys. I V. 74. V. 1. Plut. Q. R. 6(1. Fest. s. t. Sne n- ficidus, f.2\9,. Varro L.L. VI §13.28.31. Macrob. S. I. 15. Aul. Gell. XV. 27. 8crv. ad Virg. E-n. VIII. 654. Oral. pr( dom. 14. Ovid. Fast. I. 21. 323. V. 727. 3 Cic. de Div. I. 2. II. 12. 18. 24. ad Fam. VI. 18. 4 Frequently written Feciales. The orthography and etymology are alike uncertain. 332 MINISTERS OF RELIGION. including the preliminary demand for satisfaction, (7-es repetere,') as well aa the actual denunciation of hostilities (C7ar/^o;/o.) Tiieir chief was termed Pater Patratus, and was regarded as the representative of the whole Roman people in taking tlie oaths and performing the sacrifices which accompanied the conclusion of a treaty. When despatched to a distance for this purpose they cairied with them certain sacred herbs called Verbenae or Sagmina, which were gathered on the Capitoline Hill, and which were considered as indispensable in their rites, and they took also their own flints for smiting the victim ; thus at the close of tiie second Punic War — Fetiales qumn in Africam ad foediis feriendum ire iuherentur^ ipsis postulantihus, Senatus-consultian in haec verba /actum est: Ut priuos lapides silices, privasque verbenas secum ferrent: uti Praetor Romanns Ids imperaret, utfoedus ferirent, ilU Praetorem Sagmina poscerent. Herbae id genus ex arce sumtum dart fetialibus solel (Liv. XXX. 43.) ^ The inferiority of the Fetiales to the four great Colleges is distinctly laid down in Tacitus, Ann. III. 64. Curiones. Of these, thirty in number, as well as of the Curio Maxirmis, who was chief over all, we have already had occasion to speak (p. Gl.) The ordinary Curiones were elected each by the Curia over the rites of which he presided, the Curio Maximus seems originally to have been elected by the Comitia Curiata, but in later times by the Comiiia Centuriata or Tributa, The Curiones and the Curio Maximus must, in the earlier ages, have been all Patricians, but in B.C. 210, when the political significance of the Curiae had passed away, a Plebeian was, for the first time, chosen to fill the oiSce of Curio Maximus? We now proceed to consider those Priests whose ministrations were confined to particular Gods. The most important were — 1. Flamines. 2. Salii. 3. Vestales. 1. Flamines. Flamines was a general name for certain Priests whose services were appro- priated to one deity. There were in all fifteen Flamines, three Maiores Flamines instituted by Numa, who were at all times chosen from the Patricians, and twelve Minores Flamines, who might be taken from the Plebeians. The Flamines were, it would appear, originally nominated by the Comitia Curiata, but after the passing of the Lex Domitla (p. 32G) by the Comitia Tributa in the manner described above. They were then presented to and received by (capli) the Pontifex Maximus, by whom, with the assistance of the Augures, their conse- cration (^Inaugnratio) was completed, and under ordinary circumstances they held oflTice for life. Tlie tin-ce Maiores Flamines were — 1. Flamen Dialis, the priest of lovis. 2. Flamen Martialis, the priest of Mars. 3. Flamen Quiri- nalis, the priest of Qnirinus. First in honour was the — Flamen Dialis. No one was eligible except the son of parents who had been united by Confarreatio, (p. 251,) a condition which applied probably to all the Maiores Flamines. When a vacancy occurred, three qualified candidates were named {nominali — creati — destinati) by the Comitia, and from these the new Flamen Dialis was selected (capius) by the Pontifex Maximus. He was a-ssisted in his duties by a wife to whom he had been united by Confarreatio^ 1 I.iv. L 24 32. X. 45 XX XVI. 3. Dionys. II. 72. Cic. de Legg. 11. 9. Varro L.L. V. ; 86. Non. Maroell. s. v, Frtmhs. p. 362. ed. Gerl. Aul. Gcll. XVI. 4. Plin. H. N. XXIL a aOionys. II. '.iA Liv. XXVII. 8. MINISTERS OF RELIGION, 333 and who was termed Flaminica. Her aid was indispensable, and he was pro- hibited from marrying twice, so that if the Flaminica died her hnsband waa obliged to resign. The privileges of the Flamen Dicdis were numerous and important. As soon as he was formally admitted he was emancipated from parental control, (Patria Poiestas, p. 247,) and became Sui iuris. He was entitled to a seat in the Senate, used the Sella Curulis, and wore the Toga Praetcxta, but when sacrificing assumed, in common with other Flamines, a robe called Laeria. His characteristic dress was a cap of a peculiar shape, termed Albogalerii.t, of wliich we annex a representation, and which it will be perceived, like the cap of all the higher priests terminated in a sharp point, formed of a spike of olive wood wreathed round with white wool. This peak was tha Apex, a word ajyplied frequently to denote the head-dress of any priest. To counterbalance the advantages which he enjoyed, the Flamen Dialis was fettered by a multitude of restric- tions and ceremonial observances enumerated by Aiilus Gellius (X. 15.) Of these the most important was, that he was not permitted to quit the city even for a single night, and hence could never imdertake any foreign command. The office of Flamen Dialis was interrupted for seventy-six years, from the death of Merula in B.C. 87 until the consecration of Servius Maluginensis in B.C. 11. The duties dm-ing this interval were discharged by the Poniifex Maximus. With regard to the Flamines Minores we are acquainted with the names of a few and nothing more, the attributes of the deities to whom some of them were attached being in several instances quite unknown. Thus we hear of the Flamen Pomonalis — Carmentalis — Floralis — Volcanalis — Volturnalis — Furinalis — Palatualis — Falacer, &c. ; ' but in what relation they stood to each other we cannot distinctly ascertain. 2. Salii. In addition to the Flamen Martialis, a college of twelve priests of Mars Gradious, was instituted by Numa. They were all chosen from the Patricians, and to their custody the twelve holy shields, called Ancilia, one of which was believed to have fallen from heaven, were committed. Every year, on the Kalends of March, and for several days following, they made a solemn progress through the city, chanting hymns (^Saliaria Car7nina) called Axamenta, and dancing sacred war dances — whence the name of Salii. On these occasions they were arrayed in an embroidered tunic, on their heads was the conical priest's cap, on their breasts a brazen cuirass, swords by their sides, spears or long Avands in their right hands, while in their left they bore the Ancilia, whicli were some- times suspended fi'om their necks — Salios duodecim Marti Gradivo legit 1 With regard to the Tinmen t)mlh and other VJamines, see Liv. I. 20. V. 52. Epit. XIX. XXVII. 8. XXIX. 38. XXX 2fi. XXXI. 50. XXXVII. 51. Tacit. Ann. Ill 5S 71. IV. 16. Dionys II. 64. Plut. Num 7. Q- R 39 43. 107. 108. Cic. de LeRg. II. 8. Brut. I 14. Philipp. II. 43. Drat pro doni. 14 Velleius II. 20. 22. 43. Suet. lul. 1. Octav. 31. Val Ma.x. I. i. 2. 4. VI. ix. 3 IX. xii. 5. Dion Cass. LIV. 3fi. Gaius I. § 112. 1.30. Aul. Gell. X. 15. XV. 27. Varro L.L. V. § 84. VII. § 44. Fcst. s v. "Mnximai' dignationis p. 154. Paul. Diac. s.v. Maioret diamines p. 151. Serv. ad Virg. ^n. IV. 2G2. VIIL 604. 334 MINISTERS OF RELIGION. (?c. Numa) t.unicaeqm pictae insigne dedii, et super tunicam aeneum pectori tefjumen: coelestiaque arma^ quae Ancilia adpellantur, ferre, ac per urhem ire canentes carmina cum tripudiis iiissit. Annexed is a denarius of Augustus, on the reverse of whicli are represented two of the Ancilia, with an Apex between them. The splendour of tlie banquet by wliidi the solemnities terminated is commemorated both by Cicero and Horace, and indeed the phrases Saliares dopes and Epulari Saliarem in viodum seem to have passed into a proverb. Different members of the college bore the titles of Praesul, Vates, and Magister. In addition to the twelve Salii instituted by Numa, to whom the Ancilia were consigned, and whose sanctuary was on the Palatine, twelve other Sulii were instituted by Tullus Ilostillus, and these had their sanctuary on tlie Quiri- nal. Hence, for the sake of distinction, the former were sometimes designated Salii Palatini, the latter Salii Agonales s. Agonenses s. Collini} 3. Vestales. Instiintion. Nnmbers. — The Vestales were the Virgin Priestesses of Vesta, instituted we are told by Numa, although the legends with regard to the founda- tion of the city imply the existence of a similar sisterhood at Alba Longa. Two were originally chosen from the liamnes, two from the T'ines, and, subsequently, two from the Lucei-es, making up the number of six, which ever afterwards remained unchanged. Qiiaiincntiouis. Moiic of Kicctioii. — No one was eligible except a spotless Patrician maiden, perfect in all the members of her body, between the ages of .'=ix and ten, the child of p.arents free and free-born, who had been united in marriage by Confarrcatio (p. 251.) The Vestales were originally nominated by the kings, but under the republic and the empire by the Pontifex Maximus, the technical phrase being capeke Virginem Vestalem, Towards the end of the common- wealth, in consequence of the unwillingness of parents to resign all control over tlieir children, it became difficult to find individuals willing to accept the office, and a Lex Papia (Aul. Gell. I. 12) was enacted, in tenns of which, when a vacancy occurred, the Pontifex Maximus was authorised to draw up a list of twenty damsels possessing the requisite qualifications, and one of these was publicly fixed upon by lot. The difficulty, however, seems to have increased, in conserjucnce perhaps of the rite of Coufarreatio having fallen into disuse, for we find that under Augustus even libertinae were admitted. l*crio l.iv. I. 20. 27. Dionys. II. 70. IIL 32. Cio. do Div. I. 20. II. CO. do B. II. 14. ad Att. V. 9. Tu'-it. Ann. II. H.3. SuGt. Claud. :i:i. Capitolin vit. M. Anton. 4. 21. Paul iJiac. s. v. Axa- Tiienta, p. S. Quintil. L O. I. vi. 40. Varro L. h. VI. § 14. VII. § 2. 20. Virg. Mn. 28G. GG.3. Hor. C. L xixvuL 2. Epp. U. L 8U. Lucan. L GOa. IX. 478. Ovid. Fast. IIL tiS7. Juv. B. IL 126. MINISTEKS OF RELIGION. 335 such unions were looked upon as of evil omen. The Senior was tcniied Vestalis Maxima ; the three Seniors, Tres Maximae. Their chief duty was to watch and feed the ever burning flame ivhich blazed upon the altar of Vesta, tlie extinction of which, although accidental, was regarded with great horror. They also cleansed and purified, each day, the temple of the Goddess, within the pre- cincts of which they lived, guarding the sacred relics deposited in the penetralia; and in consequence of the inviolable character of the sanctuary, wills and other documents of importance were frequently lodged in their hands for safe custody. They also occupied a conspicuous place in all great public sacrifices, processions, games, and solemnities of every description. Uonours and Privileges. — The confinement and restrictions imposed upon the Vestals, were fully compensated by the distinctions they enjoyed. From the moment of their election tliey were emancipated from the Patria Potestas and became Sui iuris. In public they were treated witii the most marked respect ; they might go from place to place in a chariot; in later times a Lictor cleared the way before them ; a seat of honour was reserved for them at the public shows ; the Fasces of a Praetor or Consul were lowered to do them reverence ; and if they met a criminal on his way to execution, he was reprieved. Punishments for Tiolalion of Duty. — The Vcstals were luidcr the control and subject to the jurisdiction of the Pontifex Maximus. The two great offences which exposed them to condign punishment were — 1. Permitting the sacred tu-e of Vesta to be extinguished through neglect. 2. Breaking their vow of chastity. In the first case the culprit was punished with stripes inflicted by the Pontifex Maximus; in the second, a terrible fiite was reserved for the guilty one. She was buried alive in a spot called the Campus Scelerattis, close to the Porta Collina (p. 38.) ^ Of less importance than the preceding were the — Luperci, a very ancient Corporation, instituted, it is said, by Numa, who, on the 15th of Februaiy in each year, celebrated the festival of the LvpercaJia in a sacred enclosure on the Palatine called Lupercal, the animals sacrificed being goats and dogs. The Luperci then stripped themselves naked, threw the skins of the slaughtered goats over their shoulders, and with thongs in their hands cut from the hides, ran through the most frequented parts of the city, smiting all whom they encountered, the blow being believed to possess a purifying influ- ence. Marcus Antonius is taunted by Cicero with having exhibited himself in this guise when Consul, and this was the occasion when he oflcred a diadem to Caisar. The Lnpercal was popularly supposed to mark the den of tiie wolf which suckled Romulus and Remus ; and the later Romans considered that tlie ceremonies belonged to the worship of the Arcadian Pan. The Luperci were divided into two Colleges, termed respectively the Fabii s. Fahiani and the Quinctilii s. QuinctiUani. The legend invented to account for these names will be found, together with many other details concerning the Luperci and the Lupercalia, in Ovid. Fast. II. 267—426. comp. V. 101. ^ 1 On the Vestales, see Liv. I. 3. 20. IV. 44. VIII. 15 XXII. 57. XXVI 1. XXVIII. II. Plut. Num. 10. Tib. Gracch. 15. Q. R. 9.3. Dion Cass. XXXVII. 45. XLA'II. 19. XLVIII. .-JT. 4(;. LIV. 24. LV. 22. LVL 10 LXV. 18. LXVII. 3. LXXVII. Ifi. fragra. Peiresc. XCI. XCIL Val. Max. I. i. 6. 7. V. Iv. 6. Cic. de Legg. II. 8. li. pro Muren. .35. Ovid. Fast. III. 11. IV. fi39. Tacit. Ann. 1. 8. IIL 64. C9. IV. 16. XI. 32. Hist. III. 81. IV. .5.3. -Suet. lul. 83. Octa». 31. 44. 101. Tib. 2. 76. Vitell. 16. Domit. 8. Senec. Controv. VL de Vit. beat. 29. de ProviA 5. Gaius 1. § 145. Plin. Epp. IV. 11. Aul. Gell. L 12. VL 7. X. 15. Festus s.v. Piodrum nirginis Vestalis, p. 241. Sceleratuf Campus, p. :i.'J3. 2 Seealso Virg. iEn VIII. 343. and note of Servius. Liv. L 5. Cic. Philipp. IL 34. Pint, Caes. 61. Suet. lul 79. Octav. 31. Paul. Diac. s.v. Faviani et Quintiliani p. 87. Fast. p. 25?. whose text is much mutilated in this place. 336 MINISTERS OF RELIGION. Potitii et Pinarii. — These, according to the legend, were two illustrious families dwelling nigh the Palatine at the time when the A7'a Maxima was raised to Hercules by Evander, and were by liim appointed to minister at that shrine. Of these, the Pinarii, who became extinct at an early epoch, were, from the first, through their own neglect, inferior to, and merely assistants of, the Potitii, who for many ages continued to act as priests of the Hero-God — Potitii ab Evandro edocti, anastites sacri eius per multas aetates fuerunt (Liv. I. 7.) But in B.C. 312, having, by the advice of Appius, the Censor, given instructions to public slaves, in order that they might delegate to tlieni the performance of the sacred rites, the whole race (genus omne) was cut off in one year, and Appius himself, not long afterwards, was stricken with blindness. ^ Sodales Titii. — There was in ancient times a College of Priests beaiing this appellation. Tacitus in one place (Ann. I. 54.) says that they were instituted by Titus Tatius for the purpose of keeping up the Sabine ritual, (reCmendis Sahinorum sacris,) and in another, (Hist. II. 95.) tliat they Avere instituted by Romulus in memory of Tatius. The account of Varro is totally different (L.L. V. § 85. comp. Lucan. I. C02.) The Titii Sodales are said to have suggested the idea of the Sodales Aitgustales, first instituted A.D. 14, in honour of the deified Augustus, the number being twenty-five, of whom twenty-one were taken by lot from the leading men of the state, and Tiberius, Drusus, Claudius, and Germanicus were added to make up the number (Tacit. Ann. I. 54.) Similar Colleges were insti- tuted in honour of other emperors, so that we read in inscriptions of Sodales Claudiales, Sodales Flaviales, Sodales Titiales Flaviales, Sodales Hadrianales, &c. In addition to these Corporations, we find that a smgle individual priest also was sometimes nominated, who, under the title of Flamen Avgustalis^ devoted himself to similar duties. ^ General Remarks on the Roman Priests. Several points connected with the Roman Priests deserve particular attention. Some of these can be inferred from the statements made above, but it may be useful to exhibit them in one view. 1. They did not form an exclusive class or caste, nor was any preliminary education or training requisite. Persons were elected at once to the highest offices in the priesthood who had never before performed any sacred duties. 2. Sacred and Civil offices were not incompatible, but might be held together. Thus P. Licinius Crassus being Pontifex Maximus, was also Censor in B.C. 210 (Liv. XXVn. C.) Q. Fabius Pictor was Praetor and Flamen Quirinalis in B.C. 189, (Liv.XXXVn. 50;) and of the two Consuls in B.C. 131, P. Licinius Crassus was also Pontifex Maximus, and L. Valerius Flaccus was Flamen Martialis. 3. Two of the higher priesthoods might be held together. Thus Ti. Sem- pronius Longus was in the same year (B.C. 210) chosen Augur and also Xvir Sacris fuciundis, (Liv. XXVIL 6 ;) Q. Pabius Maximus, who died in B.C. 203, was at once nn Augur and a, Pontifex, (Liv. XXX. 26;) C. Sen-ilius Gemi- nus, who died in B.C. 180, was both Pontifex Maximus and Xvir Sacrorum (Liv. XL. 42.) 4. No qualification as to age was insisted upon. Mature years were, indeed, • Liv. I 7. IX. 29. Dionyg. I. 40. Virg. JEn. VIII. 209. and note of Scrvius. S Tacit. Ann. I. 54. IIL C4. Suet. Claui fi. Galb. 8. Dion Casa. LYL 45. LVIIL 12. LIX. 7—11. Urelli. C. L L. 'Mil. 3Gt. '^32. yi8. 318G. 27(>1. MINISTERS OF RELIGION. 337 at first required (Dionys. II. 21.) and for a long period, very young men were seldom chosen. Thus in B.C. 204, we are told that Ti. Sempronius Gracchus was elected Augur — Admodum adolesceris, quod Vine perrarum in mandandis sacerdotiis era< (Liv. XXXIX. 38. comp. XXV. 5.) Again, in B.C. 196 — Q. Fahius Maximus Augur mortuus est admodum adolescens, prius- quam ullum magistratum capcret (Liv. XXXIII. 42.) In B.C. 180, Q. Fidvius was chosen Illvir Epido while still Praelextatus, that is before he had assumed the manly gown ; and Julius Ca;sar was elected Flamen Dialls at the age of seventeen (Vclleius II. 43. Suet. lul. 1.) 5. All the higher priests were originally chosen from the Patricians exclusively, but after the Tiebeians had been by law admitted to the Pontificate and the Augurate, it is probable that all class distinctions were abolished, except in the case of the Rex Sacrijicus^ the three Maiores Flamines^ the Salii, and the Virglnes Vestales, who were at all times necessarily Patricians, probably because none were eligible except Patrimi et Matrimi^ that is, the children of parents who had been united by Confarreatio, (p. 251.) a rite which appears to have been confined to Patricians. 6. It appears certain, that, originally, all priests were appointed by the Kings. In the earlier ages of the republic, the members of the four great Colleges, and probably of all priestly Colleges, were nominated by Coopiatio ; but this system was, in all the more important Corporations, set aside by the Lex Domitia. The Vestales^ and perhaps some of the Flamens, were selected (capiehantur) by the Ponti/ex Maximus ; some other priests were chosen (creati) by the Comitia Curiala ; but in every case, formal admission or consecration was a ceremony never dispensed with, and since this could not be performed without taking the auspices, it was termed luauguratio. Generally speaking, the Inaugiiratio followed the election as a matter of course, for if the auspices were unfiivom-able at first, fresh obsei"vations were made, and fresh sacrifices oifered, until the Gods were propitiated. When Julius Casar, however, was elected Flamen Dialis, his luauguratio was stopped by Sulla. 7. As a general rule, after a priest was consecrated, his office was held for life. In the Augurs, as stated above, the character was absolutely indelible ; and we are assured by Pliny (II.N. XVIII. 2.) that the same was the case with Vhe Fratres Arvales. Augustus, when he stripped Lepidus of all power, did not venture to deprive him of the office of Ponti/ex Maximus, which was retained by him, tliough in exile, until his death. One of the higher Flamens, how- ever, mighc be forced to resign, (Val. Max. I. 1. 4.) and the Flamen Dialis was at once disqualified by the death of the Flaminica. A Vestal also, when the thirty years of her service had expired, might unconsecrate herself, (jexaugu- rare se,) and return to the world. 8. In so far as formal precedence was concerned, the Rex Sacrijicus ranked first ; next came the Flamen Dialis ; the Flamen Martialis was third ; the Flamen Quirinalis fourth ; and the Ponti/ex Maximus occupied the fifth place only. Tliere is no doubt, however, that the Ponti/ex Maximus stood fii'st iu real power, and exercised authority over all the others. ^ III. Worship of the Gods. The worship of the Gods consisted of two parts : — A. Prayers. B. Offerings. 1 Festus s.v. Ordo Sacerdolum, p 185 Liv. II. 2. Epit. XIX. XXXVIL 51. Cic. Fhilipp. XI. & Tacit. Ann. III. 59. 338 RELIGION OF THE ROMANS — PKAYEE3. A. Prayers. Prayers, for which the general term is Preces s. PrecationeSy might be either private or public, that is, they might either be offered up by individuals on behalf of themselves and of their friends, or on behalf of the community at large. Private prayers might be of a general character, simple requests for the favour and protection of Heaven, (preces^) or they might be thanksgiving for special benefits received, {gratiarum actlones — gratulationes,) or they might be appeals to the deity, entreating him to avert or stop some calamity impending or in progress (ohsecrutiones.^ When prayers had reference to the futvu-e, they were generally accompanied by a promise on the part of the suppliant, that, if his request were complied with, he would perform some act in return. A prayer of this descrip- tion was called Votum^ tlie worshipper was said Vota facere — suscipere — nun- ciipare — concipere — votis caput obligare, and to be — Voti religione obstrictus. When tlie prayer was accomplished, he became Voti compos, and at the samo time Voti reus s. Voti danmatus, i.e. a debtor for his part of the obligation ; and in discharging this debt he was said — Vota solvere — exsohere — persolvere — redder e — exsequi — Voto fungi, and was then Voto liberatus. It was not uncommon to commit a Votum to writing, such a document being a Votiva Tabdla,^ and to attach it with wax to the knee of the deity addressed ; and hence Juvenal, (S. x. 55.) when speaking of the things which men chiefly desire, characterizes them as those Propter quae fas est genua incerare deorum. Public prayers, termed Supplicationes s. SuppUcia, were offered in tl)e temples thrown open for the purpose, or, occasionally, in the streets, and were addressed sometimes to one, sometimes to several divinities, according to the edictum of tlie Senate, of the magistrate, or of the priest by whom they were ordained. They might be either obsecrationes or gratulationes, and were not unfrequently combined with the feast called a Lectisternium? Supplicatio is often employed in a restricted sense to denote a public thanks- giving, voted by the Senate in honour of a victory achieved by a General at the head of his army, and such a Supplicatio, especially towards the close of the republic, was very frequently the forerunner of a Triumph (Cic. ad Fam. XV. 5.) The period during which the festivities were to continue was fixed by the Senatus-Consultmn, and was understood to bear a relation to the importance of the exploit and the character of the commander. In the earlier ages, one, two, or three days were common ; upon the taking of Veii the Supplicatio lasted for four — Senatus in quatriduum, quot dierum nullo ante hello, supplicationes decernit (Liv. V. 23.) Subsequently five days became not unusual, but towards the close of the commonwealth we hear of Supplicationes extending to ten, fifteen, twenty, forty, and even fifty days.-' On one occasion only was a thanks- ^ving of this nature decreed in honour of a citizen holdmg no mihtary command, < TaheUa, or Tabula Votiva, may also denote a picture hung up in a temple in discharge of a I'otum: »uch were often vowed by the mariner in the hour of danjjer, and afterwards presented to commemorate his escape. So Votivus sanguif— Votiva iuvcnca— Votiva tura — Vudr.ii ciinriirui— Votici ludi — denote otlerint'S of various kinds promised by a vow. ' Numerous Kxamplca of Suiiplicationcs will be found in Livy, e g. III. 7. V. 21. VII. 28. X. 23. XXI i;.!. XXll. iO. XXIV. 11. XXYIL 7. -JS. XXX. 17. 42. XXXL 8. 22. XXXVIII. 36. XL •^■\. XLL V!8. XLV. 2. 3 Liv. XXX. 21. XXXIIL -IV XXXV. 40. Cic. de prov. cons. 10. 11. Philipp. XIV. 11. \i. t:«e8. B. G. IL 3j. IV. 3S. VII. SO. Suet. Caes. 21. KELIGION OF THE ROMAN'S — PRAYERS — OFFERINGS. 339 {togatuSi) of Cicero, namely, after the suppression of the Catilinariaii con* spiracy. ^ Forma obscrrcd in Praying. — Wlien an individual ivas about to give utterance to a prayer, he covered his head with his gannent, raised his riglit hand to his lips, (hence the verb adoro,) made a complete turn with his body, moving towards the right — in adorando dextram ad osculum referimiis totum- que corpus circumagimus ^ — and sank upon his knees, or prostrated himself to the earth, his face towards the East, or if in a temple, towards the sanctuary, and at the same time laid hold of the horns of the altar, or embraced the knees of the God. In the act of prayer the hands were turned up or down accordieg as the deity addi-essed was one of the celestials, or belonged to the nether worid. W'^ords of the Prayer — The utmost importance was attached to tt^ phrase- ology employed, because it was universally believed that the words themselves possessed a certain efficacy altogether independent of the feelings entertained by the suppliant. Hence, when a magistrate was offering np a public prayer for the whole community, he was usually attended by one of the Pontifices who dictated {praeire verba) the proper expressions, for any mistake in this respect might have entailed the wrath of heaven upon the whole State. It was the practice to call in the first place upon Janus, as the power who presided over the beginning of all things; then upon Jupiter, as lord supreme; then upon the God or Gods specially addressed; and, finally, to wind up by an invocation of the whole heavenly host, or of all who presided over some particular department of nature, as when Virgil, at the opening of his Georgics, after naming the chief patrons of the labours of the husbandman, concludes by an appeal to — Dique Deaeque omnes studium quihus arva tueri. Moreover, when a God had several titles, these were carefully enumerated, lest that one might have been passed over in which he principally delighted — Matutine pater, seu lane Ubentius audis — and the person who prayed usually guarded himself against the consequence of omission by adding — out quocunque alio nomine rite vocaris — or some such phrase. B. Offerings. Offerings to the Gods may be classed under four heads, — 1. Those which were of a permanent character, the Donaria of the Romans, the eiu»d',^fixr» of the Greeks. 2. Those which passed away and were destroyed at the very moment when they were offered to the deity, such were properly termed Sacrijicia. 3. Banquets (Eprdae.) 4. Games (Ludi.) nouaria. — These were gifts presented to the Gods and deposited in their shrines, by individuals or by public bodies, or by whole nations, who thus hoped to give efficacy to their prayers, to display their gratitude for benefits received, or to fiilfil a tow. The things dedicated were of a very multifarious character ; any object remarkable for its beauty, its rarity, or its magnificence, being regarded as an acceptable present. In this way the Temples of Greece and Rome, especially of the former, were crowded with gorgeous statues, pictures, tapestr}', richly chased plate, and other costly works of art, while a considerable portion of the plunder gained in war was almost invariably disposed of in this manner. Frequently, however, Donaria possessed no intrinsic value, and served 1 Cic. in Cat. III. 15. IV. 10. pro Sull. 30. in Pison 3. Philipp, II. 6. Quintil. II. 16. a flin. H. N. XXVIII. 5. comp. Plaut. Cure. L i. 70. Suet. Vitell. 2. Macrob. S. IIL 2. 340 RELIGION OF TUE EOMA^TS — SACKIFICES. merely to commemorate some remarkable epoch in the life of the worshipper, when he felt peculiarly called upon to acknowledge the power and sue for the protection of tiie God. Thus boys when they assumed the manly gown {Toga virilis) hnng np to the Lares, the Bulla, which had served as an amulet to save their childhood from the terrors of the Evil Eye ; maidens when entering upon womanhood dedicated their dolls (Pupae) to Venus; the shipwrecked sailor suspended his dripping garments in the shrine of Neptune, and fixed to the walls a pictivre representing his disaster;^ while the convalescent who had been relieved from a grievous malady, placed in the temple of Aesculapius a Tabula Votiva, detailing the symptoms by which he had been afflicted, and the process of cure, or, if the afl'ection had been external, a model of the diseased member executed in the precious metals. Donaria does not occur in the singular number. Judging from the analogy of Sacrarium, Lararium, and similar M'ords, it must signify properly a recep- tacle for gifts, that portion of temples set apart for gifts, the Smav^ot of the Greeks, and in fact, in the purest authors it is employed in the general sense of a temple or an altar, e.g. — uris = Imparibus ductos alta ad donaria citrrns (Virg. G. III. 533.) — Si tua contigimus manibiis donaria jmris (Ovid. Fast. III. 335.) Sacrificia. — Sacrifices, properly so called, may be divided into two classes, according as the objects offered were inanimate or animate, that is, bloodless or bloody sacrifices. Bloodless ofiferings consisted for the most part of the first-fruits of the earth, {frugum primitiae,) of flowers, cakes, {liba,) honey, milk, wine, salt, and above all, frankincense, [tus,) for witiiout the perfumed smoke arising from fragrant gimis no sacred rite was regarded as complete and acceptable. Bloody offerings consisted of animals of all kinds, which were put to death witli certain solemnities, and were comprehended under the general designations of Victimae or Hostiae. These were usually the ordinary domestic animals, oxen, sheep, goats, and swine, but various other living creatures were offered, and even human victims, in the earlier ages at least of Greece and Rome, were by no means uncommon.- Full grown victims, such as bulls, cows, rams, ewes, boars, and sows, were termed Iloslieic il/a /ores; those which had not come to maturity, such as calves, lambs, kids, or young pigs, Ilustiae lactentcs (Cic. de Legg. II. 12. Liv. XXII. 1.) I'articvdar animals Avcrc believed to be particularly gi^ateful to particular God.s; tlie bull, for example, to Jupiter, the goat to Bacclms, the sow to Ceres, the ass to Priapus, and a knowledge of all jnatters connected with the sex, age, colour, and other circumslanccs wliich rendered each victim an appropriate offering to the power wliich it was wished to pro- pitiate, formed an important department of priestly lore — lam illud ex institutis Pontifcnm et Ilaruspicum non mutandum est, quihus liostiis immolandum cui- que Deo, cui maioribus, cuilactcntibvs, cni maribus, cui feminis (Cic.de Legg. II. 12. compare the quotation from Livy, in p. 327.) Upon ordinary occasions only one animal was sacriliced at once, but sometimes large numbers of the same 1 Thus Horace, when congratulating himself on escape from danger of another kind, ex- claims fiKuratively — Mp 'iahula iacer = Votiva paries indicat uvida = Suspendisse potenti z= Veslimeiita maris Dm. C. I v, 13, 2 Tliere seems to be little doubt that as late as B.C. 21fi, four humnn beAVKs—Gnlhii et GnVn, Uraecm ft Orucca — were, in ordi-r to propitiate tlie Gods, bnrii d alive in tlic Furvtn Bnarimn where similar rites had been performed at an earlier epoch (l,iv XXII .57.) The immolation of two of the soldiers of Julius Ca>sar to Mars, narrated by Dion Cassius, (XLII. 24.) oiiirht perhaps to V)e regarded as an e.vercise of military discipline, invested with awful SOlemQitiea, rather tl.an as a sacrifice in the proper acceptation of the term. RELIGION OF THE ROMANS — SACRIFICES. 341 kind, as in the iKctToy^li-n of the Greeks, sometimes several of different kinds, as in the sacrifice offered by the Romans whenever purifications took place upon a large scale, and called Suovetaurilia s. SoUtavrilia, because it consisted of a sow, a sheep, and a bull. The animals selected for sacrifice were always such as were perfect in form and free from all blemish. Bulls and heifers destined for this purpose were usually set apart from the time of their birth (^aris servare sacros) and exempted from all agricultural laboiu's (liostiae iniuges — intacta cervice iuvencae.) The victims commonly employed in the public solemnities in honour of Gapitoline Jove were milk white steers from Umbria, and we find numerous allusions in the classics to the herds which fed on the banks of the Clitumnus, a region rendered famous by producing this valued breed of cattle (e.g. luv. S. XII. 13.) Forms obscj-vcel in oflcring Sacrifice. — No important undertakino", whether affecting the Avhole community, public bodies, or individuals, was ever commenced without offering sacrifice, and hence the division into Sacrificia Puhlica and Sacrificia Privata. We shall describe the various ceremonies of a Public Sacrifice when offered on behalf of the State, many of these being, of course, omitted or modified in domestic and private worship. The persons actively engaged were — 1. The individual by whom the sacrifice was offered, who would in this case be one of the Consuls, a Praetor, a General about to set out on foreign service, or some other high official personage, acting as rem-esentative of the people. 2. One of the Pontifices, and, in the case of sacrifices to lupiter. Mars, or Quirinus, one of the higher Flamines, by whom the performance of all the rites would be directed and superintended. 3. Vai-ious assistants of the Pontifex^ termed Vicxisf arii, Popae, Cultkaeh, &c., whose duty it was to bring the victim up to the altar, to slaughter and dismember it, and to perform all the menial offices. 4. An Haruspex to inspect the entrails. 6. A Tihicen to play upon the flute during the progress of the rites. * 6. A Praeco. 7. In certain cases the officiating priest was assisted by a Casullus, i.e. a free-born youth, the son of parents who had been miited by Confarreaiio, (^puer patrimus et matrimus^) p. 251. On great occasions, in addition to the ordinary crowd, there would be a throng of Senators, magistrates, and other dignitaries. All M'ho took a, part in the performance of the rites were required previously to purify themselves by bathing in a running stream, to appear in fair white garments, wearing on their brows chaplets {coronae) formed from the leaves of the tree or plant believed to be most acceptable to the deity at whose shrine the act of homage was performed. All the priests present wore on their heads the sacred band of white wool, (Jn/iila,) wreathed round with white ribbons, (vittae^) and a similar decoration was attaclied to the victim and to the altar. When all tilings were ready, the public crier {praeco) commanded the assembled multitude to preserve a solemn silence, {ut Unguis favcret,) the persons offering the sacri- fice washed their hands in pure water, veiled their heads with their robes, in order that no ill-omened sight might meet their eyes, while the flute-player (tihicen) played a solemn strain, in order that no ill-omened sound might fall upon their ears. The victim, adorned with serta and viitae, and with gilded 1 How indispensable the presence of Tibicines for the due performance of sacred rites appears from the whimsical story in Liv. IX. 30. 342 RELIGION OF THE ROMANS — SACRIFICES. horns, was now led up by the Popae gently to the altar, if possible with a slack rope, all violence being carefully avoided, for an unwilling sacrifice was believed to be distasteful to the Gods, and hence any reluctance on the part of the animal was regarded as of evil augury. The sacvificer then repeated a form of prayer dictated by the Pontifex ; wine, incense, and the flour of Far, mixed with salt, (inola — mola salsa — fruges salsae,) were sprinkled upon its head, with the words Made hoc vino et ture esto,^ and a few liairs were cut off from between the horns, and thrown upon the altar. The sacrificer repeated a form of prayer dictated by the Ponti/ex, and the Popa then asked the officiating priest whether he should proceed, using the established form — Agone ? if he received the expected and appropriate reply — Hoc Age — he struck down the victim with a mallet, (malleua,) and then stabbed it with a knife {cither.) The blood was received in a basin, and poured upon the altar, together with wine, incense, and sacred cake (lihum — ferctum.) The victim was now cut up, and the entrails examined by the Haruspex; (^exta consttlebat ;) if the appearances presented were favourable, {exta bona,) then the sacrificer was pronounced to have presented an acceptable offering, (litdsse,') but if any thing unusual or unnatural presented itself, (exta trisiia,) then it was held necessary that another victim should be slaughtered, (sacrificium instaurahatiir,) and this was, if necessary, repeated until the desired resvilt was obtamed. The priest then sprinkled the choicest portions of the entrails with meal, wine, and incense, and threw the whole upon the flames. ^ The portions of the victims so presented were called — praesecta s. prosiciae s. ablegmina, — the priest in presenting them was said — exta polhicere B. porricere s. obmovere — aris exta impojiere, and all the ceremonies between the slaughtenng of the victims and the solemn presentation of the entrails, were said to take place inter caesa et porrecta. Another prayer or invocation was then made by the Pontifex, who finally dismissed the multitude by pronouncing the word llicet. It would appear that from time to time during tlie progress of the rites, fresh libations of wine were poured upon the altar, and additional incense thrown upon the flames. Tlie flesh of the victim was never, under ordinary circumstances, consumed on the altar, but was reserved for a family feast in private sacrifices, and for a priestly banquet (cpulae sacrificales — polluctum) on public occasions. There were certain distinctions observed in the fomis of sacrificing to the Celestial Gods (^Di Sriperi) and to the Gods of the Nether World {Dl Inferi.) In sacrificing to the Celestial Gods, the ceremonies were performed by day. The altar was placed upon the surface of the ground ; the sacrificer was arr.iyed in white robes, and when he prayed, raised his hands to licavcn ; the victims were, if possible, white ; when slaughtered, the neck was turned upwards, and the knife thrast in from above, (impo7icbatur,) the blood was poured upon the altar, and the entrails alone were consumed. In sacrifices to the Gods of the Nether AVorld, (Infcriae,') all these circum- stances were, as far as possible, reversed. The ceremonies were performed by night ; the altar was placed in a trench ; the sacrificer wore black garments, and prayed with his hands turned down ; the victims were always of a dark colour ; when slaughtered, the head was turned down, and the knife thrust in from below, {supponebatur,) the blood was poured into the trench, and the 1 See Cato R. R. 132. 134. 139. Serv. ad Virg. JEn. ix. C41. Paul Diac. s v. Mnctns. p. \'2!>. Hpnce the verbs Mactabk and Imuolakk aroused in the general sense of To offfr in sacrifice. i When sacrifice was offered to sea or river Gods, the entrails were cast into the waves o» » stream. REUGION OF THE ROMANS — SACKED ITTENSILS. 343 whole animal was consumed, because it was held unlawftj to turn to the service of man any object which had been devoted to the infernal powers. Even the libations were made in a different manner. In one case, the ladle {patera) was held with the palm of the hand turned upwards, (manu supina,) and the wine was poured out by a forward inclination ; in the other, the hand was inverted, and the patera turned upside down, — the former act was termed Lihare^ the latter Dellbare. Sacred iJteusils. — We shall give a list of these, accompanied by illustrations of the different objects, some of which have been placed at the end of Chapters VIII. and IX. Acerra s. Turibulum s. Arcula Turaria. — The box in which incense was contained and brought to the altar. It must not be confounded M-ith the Censer emploved in Jewish rites, a vessel in which incense was consumed. Hor. C. III. vlii. 2. Virg. ^n. V. 744. Ovid. Epp. ex P. IV. viii. 39. Pers. S. II. 5. comp. Paul. Diac. s.v. p. 18. Cic. de Legg. 11.24. See (1) p. 240. Patera s. Patella signifies generally aflat plate or shallow saucer; but in connection with sacrifices denotes a ladle with or without a handle, used for pom-ing libatious of wine upon the altar. Many paterae, formed of earthenware and bronze, have been preserved, and may be seen in all considerable collections. See (2) p. 240. Simpuvium s. Slmpnlum is defined by Paulus Diacon. s.v. p. 337, to be — Vas parvulum non dissimile cyatho, quo vinum in sacrijiciis libabatur. It is very frequently represented on coins and other ancient monuments, and being always of small size, gave rise to the proverb, excitare fluctus in simpulo, i.e. to make much ado about nothing. Varro L.L. V. § 124. et ap. Non. s.v. Simpu- vium p. 375. ed. Gerl. Cic. de Orat. 11. 51. de Legg. III. 16. See (8) p. 240. Guttus. — A bottle with a long narrow neck, used for the same purpose as the patera and the simjmlum. Varro L.L. V. § 124. Plin. H.N. XVI. 38. An excellent representation is given on the first of the two large coins engi-aved in the next page. Prae/ericidum is defined to be — Vas aeneum sine ansa patens smnmum, velut pelvis quo ad sacriflcia utebantur. Festus and Paul. Diac. s.v. p. 248. 249. Adspergillum is a word not found in any classical author, but is used by writers on antiquities to denote an object very frequently represented in connec- tion with Roman sacrifices, and which was evidently a sort of brush used for sprinkling. See (4) p. 240. Secespita, Culter, Securis, all denote knives and axes employed in slaughter- ing and disembowelling the victims. Several instruments of this kind, varying in shape, are frequently represented on coins and has reliefs ; but it is extremely difficult to decide which of them was the Scccspita, notwithstanding the defini- tion, unfortunately mutilated, of it given by Festus (s.v. p. 348.) after Antestius Labeo, and by Paulns Diaconus (s.v. p. 336.) Comp. Serv. Virg. Mn. IV. 262. and Sueton. Tib. 25. See p. 315. On the denarius of Nero, figured in page 206, are represented a Slmpulum, a Tripus, a Patera, and a Lituus, the first being generally regarded as the symbol of the Pontijicatus, the second oi XVviratus, the third of Vllviratus, and the fourth of the Auguratus. On the Denarius of Caisar, of which a cut is annexed, are represented a Simpulum^ a Securis or Dolabra, 344 KELIGION OF THE ROMANS — SACRED BANQUETS. an Aspergillum, and the Apex, the symbol of the Flaminium. On the Auren3 of Augustus, of which also we annex a cut, we see the Simpulum and the Litiius, while on the reverse, the founder of a new colony is represented marking out the holy circuit of the walls with a plough. (See pp. 4, 88.) On the first of the coins figured be- low, which is the reverse of a large brass of M. Aurelius, are represented a Simpulum, a Litiius, a Guttus, an As- pergillum, and a Cidter or Secespita. On the second, which is the reverse of a large brass of Caligula, the Emperor is represented sacrificing at an altar placed before the portico of a temple, with a patera in his hand, and with his head covered; {capite velato •) in front of him is a Popa, naked to the waist, holding the victim, and at his side a Camillus, bearing, perhaps, a Praefericidum, or some such vessel. Lances were large plates or dishes employed at banquets and at sacrifices, upon which the viands or portions of the victims were laid, as when Virgil, in describing rich soil, declares hie fertilis uvae. Hie laticis, qualem pateris libamus et auro, Iiiflavit qmim pinguis ebur Tyrrhenus ad aras Lancibus et paudis fumantia reddimus exta, — G. II. 191. iSanqncfs. — Epulum. Epulae. — Every year, during the Lurii Eomani, and at other periods also, a feast termed Eptilum Jovis was spread in the Capi- tol. The statue of Jupiter was placed at table in a reclining posture, while those of Juno and Jlinerva sat upright on each side of him. Senators being admitted to sliare in the banquet. ^ Moreover, the temples of many Gods, pro- bably of all belonging to the highest class, contained couches or sofas termed Pulvinaria, and it was not uncommon for the Senate in seasons of great exultation or de])ression, to order the statues of some or of all these deities to be laid upon the couches in pairs, and banquets to be sei-ved up to them, either in the temples themselves or in some place of public resort, and such a solemnity was termed Lecthternium. The first display of this Idnd is said to have taken place B.C. 399, dm-ing the ravages of a pestilence, in obedience to an injunction contained 1 Aul. Cell. III. 8. XII. R Val. Max. II. i. I. 2. Liv. XXXT. 4. XXXIII. 4-2. XXXVIIT. .'■|7. Cia. de Orat. III. 19. Orat. de Haruspic. reap. 10. Arnob. VIL 32. Dion Cass. XLVUL Sa KELIGION OF THE ROMANS — LECTISTERNIA. 315 111 the Sibylline books — Dtmmviri sacris faciundis, Lectisternio time privium 111 iirbe Romana facto, per dies octo Apollinem Latonamque, Dianam et Her- cnlem, ]\Iercurium atque Neptunnm tribiis, qiiam amplissime turn apparari poterat, stratis lectis placavere (Liv. V. 13.)- — Turn Lectisternium per triduum habitum, Decemviris Sacrorum curantibus. Sex pulvinaria in conspectu fuere: lovi ac lunoni iinum: alierum Neptuno ac Minervae: tertiuin Marti ac Veneri: quartum Apollini ac Dianae : quintuni Vulcano ac Vestae: sextum Mercurio ac Cereri (Liv. XXII. 10. B.C. 217.) — In /oris puUicis ubi Lectis- ternium erat, Deorum capita^ quae in lectis erant, averterunt se (Liv. XL. 59. B.C. 179.) The above passages, it will be observed, all refer to extraordinary solemnities of rare occurrence ; for although the first Lectisternium was celebrated in B.C. 899, there were only three others during the next seventy years ; (Liv. VIII. 25 ;) but it would appear that as early as B.C. 191, Lectisternia formed part of the ordinary worship of certain Gods, and were going on during the greater part of the year — P. CorneUum Cn. jilium Scipionem et M\ Acilium Gla- hrionem Consules, inito magistratu, Patres, priusquam de provinciis agerent, res divinas Jacere waioribus Jiostiis iusserunt in omnibus funis, IN quibus Lectisternium maiorem partem anni fieri solet . . . ea omnia sacri- fcia laeta fuerunt, primisqne hostiis perlitatum est (Liv. XXXVI. 1 ; the words printed in capitals occur again in XL] I. 30.) A SuppUcatio was frequently combined with a Lectisternium ; and it is pro- bable that the latter is always implied when we meet with such expressions as — Decretum, ut quinque dies circa omnia pulvinaria supj)licaretur (Liv. XXX. 21.) — Quoniam ad omnia pidvinaria supplicatio decreta est (Cic. in Cat. III. 10.) — 3Iiro certamine procerum decernuntur supplicationes ad omnia pul- vinaria (Tacit. Ann. XIV. 12.) Sellisternium. — Since it was the practice for women among the Romans to sit and not to recline at meals, when a banquet was presented to female deities alone, it was denominated not Lectisternium, but SclUsterniuni} Convivium Publicum, a public banquet, was also a religious rite, connected sometimes with a Lectisternium, sometimes with other solemnities ; but the expression is not always employed in the same sense. It occasionally signifies an exercise of hospitality on the part of all householders who prepared repasts, threw open their doors, and invited all who passed by to partake. Tiuis Livy, after recording the first Lectisternium in the words quoted above from V. 13, proceeds — Privatim quoque id sacrum celebratum est. Tota urbe patentibus ianuis, promiscuoque usu rerum omnium in propatulo posito notos iguotosque ■passim advenas in hospitium ductos ferunt. Again, when we read (Liv. XXII. 1. B.C. 217) — Postremo Decembri iam mense ad aedem Saturni Romae immolatum est, lectisterniumque imperatum {et emn tectum Senatores straverunt') et convivium publicum — it may be a matter of doubt whether the Senate enjoined the citizens in general to keep open house, or voted a sum of money from the public funds for a repast, of wliich all who thought fit might partake at that festive season. Ag'.in, the Epulum lovis, to which Senators were admitted, might be regarded, in a restricted sense, as a Convivium Publicum; and lastly, the magnificent entertainments given in the forum or some temple by persons of wealth, especially towards the close of the republic, in which large bodies of 1 Val. Max. IL i. 2. Tacit. Ann. XV. 41. Festus s.v. Sulla, p. 298. Serv. ad Virg. jEa. VIIL 176. 846 RELIGION OF THE ROMANS — GA5IES. their friends, and sometimes the community at large, were the guests, fell under the head of Convivia Pitblica, These frequently fonned part of funenil solemnities, {epitlum funebre,) as, for example, that given by Q. Maximus on the death of Africanus, to which he invited the whole Roman people — Qumju epidum Q. Maximus Africani patrui sui nomine populo Piomano daret (Cic. pro Muren. 36 ;) and that in honoiu- of P. Licinius Crassus, who had been Pontifex Maximus^ of which Livy says (XXXIX. 46. B.C. 183) — P. Licinii funeris causa visceratio data, et gladiatores CXJC pttgnaverunt, et ludi funebrcs per triduum facti, post ludos Epulum. In quo, quum toto foro strata triclinia essent, &c. So Julius Ca?sar — Adiecit epidum, et viscerationem ac, post His- paniensem victoriam, duoprandia; (Sueton. Caes. 38;) and in Africa, upon the accession of Otho — Crescens Neronis libertus Epulum plebi ob laeiitiam recentis imperii obtulerat (Tacit. Hist. I. 7G.) Games, and iheir Clasi^ificaiion. — Public Games (Ludi) foimed an im- portant feature in the worship of the Gods, and in the earlier ages were always regarded as religious rites ; so that the words Ludi, Feriae, and Dies Festi, are frequently employed as synonymous. Games celebrated every year upon a fixed day were denominated Ludi Stati. Sucli were the Ludi Eomani s. Magni, held invariably on the 4th of September ; the Megalesia on 4th April ; the Floralia on 28th April ; and many others. Games celebrated regu- larly every year, but on a day fixed annually by the public authorities, were called ZwcZt Conceptivi. Such were the Feriae Latinae. The Ludi Apolli- nares were Conceptioi from the period of their institution in B.C. 212, until B.C. 208, when they became Stati, being fixed to the 5th of July (Liv. XXV. 12. XXVII. 23.) Games celebrated by order of the Senate, of the magistrates, or of the higher priests, to commemorate some extraordinary event, such as a victory, or to avert a pestilence, were called Ludi Imperativi ; those celebrated in fulfilment of a vow, Ludi Votivi, Entertainments of a similar nature were sometimes celebrated by private persons, especially at the obsequies of a near kinsman. Such were Ludi Funebres. Another classification of Ludi was derived from the place where they Avere exhibited and the nature of the exhibition ; and this we shall adopt in the following sections. Viewed from this point, they may be divided into — 1. Ludi Circenses, chariot races and other games exhibited in a Circus. 2. Ludi Scenici, dramatic entertainments exhibited in a theatre. 3. Munera Gladiatoria, prize-fights, which were usually exhibited in an Amphitheatre. 1. Ludi Circenses. These consisted chiefly of Chariot Races, a species of contest in which the Piomans took special delight from the earHest epochs. Tradition declared that Piomulus celebrated in this manner the Consualia, (p. 323,) and he is said to have instituted also, in honour of Mars, the horse races called Eqidria, which continued down to a late period, and were held twice a-ycar, on the 27th Feb- ruary (///. Kal. Mart.) and 14th Jlarch {Prid. Id. Mart.) in the Campus Martius, or, when this plain was overflowed by the river, on a flat space on the Coelian Hill, hence termed Minor Campus. ' Circus 3iaximus. — In order that such shows might be exhibited with greater 1 Liv. \. 9. Dionys. I. 33. IL 31. OviA Fast. 11. 857. HI. 199. M9. Auson. Eclog. de feriis 19. TertuUian. de Spectac. Varro L.L. VI. -^0. Paul. Diac. s.v. Co7««a/j'u, p. 41. s.v. £f;u«>ia. p. 81. ».v. Martialis Cawjjiu, p. lai. Serv. ad Vjrg. JEn. VIIL 635. GAMES OF THE CIRCUS. 347 magnificence, Tarquinius Priscus formed the Race Course, ever after distinguished as the Cmcus Maxhius, in the hollow between the Palatine and Aventine called the Vallis Murcia, and surrounded the space M-ith scaffolding for the convenience of the spectators. The Circus of Tarquinius, which must have been repeatedly altered and repaired under the republic, was reconstructed upon a grander scale by Julius Cassar ; and almost every succeeding emperor seems to have done something either to increase the splendour of the edifice, or to add to the comfort of the public. ^ Tarquinius, we are assured, not only constructed the Circus, but first arranged the shows in a systematic form, and introduced gymnastic contests, the performers having been brought from Etriuria. He also instituted a new festival in honour of Jupiter, Juno, and Minerva, which was obsei-ved with great pomp every year, the games represented being styled emphatically Ludl Romani, or Ludi Magni (Liv. I. 35.) Since the first Circus was constructed by Tarquinius, the name of Ludi Cir- censes first arose at this period ; and thus the Ludi Romani instituted by him are frequently termed xocTi^oxiiv, Ludi Circenses. But there were a great many other festivals during which games were exhibited in the Circus, and which, although altogether distinct from the Ludi Romani, were with equal propriety termed Ludi Circenses. Thus Ludi Circenses were exhibited during the festivals of Ceres, (Cerealia,') of Apollo {Ludi Apollinares,') of Cybele, {Megalesia s. Ludi Megalenses,') of Flora, (Floralia,) and many others. Oeneral Form or the Circus. — The most Complete account of the Circus Maximus is to be found in Dionysius (III. C8.) It is to be observed, that although he refers the first constraction of the Circus to Tarquinius, his description relates to the appearance which it presented in his own times. The substance of the passage in question is to the following effect : " Tarquinius formed the greatest of all the Circi, that which is situated between the Aventine and the Palatine. . . . This work was destined in the course of time to become one of the most beautiful and wonderful stnictm-es of the city. The length of the Circus is three stadia and a half, (about 700 yards,) and the breadth fourplethra ; (about 135 yards;) around it, along the two greater sides and one of the lesser, a trench (Euripus) has been dug for the reception of water, ten feet in breadth and in depth, and behind this trench a triple row of covered porticoes, one above the other, has been built. The lowest of these has stone seats, like those in tlie theatres, of small elevations, but the seats in the upper porticoes are of wood. Tlie two larger sides of the Circus are brought together and imite, being connected by one of the shorter sides, which is semicircular in shape, so that the three form one continuous portico like an amphitheatre, eight stadia (about 1620 yards) in circumference, sufficient to contain 150,000 persons. But the remaining smaller side being left uncovered, contains starting places arched over, which are all opened at once by means of a single barrier. There is also another covered portico of one story, which runs round the Circus on the outside, containing workshops and dwelling houses above them. Through this portico, beside each workshop, are entrances and staircases for those who come to see the shows, so that no crowding takes place among so many tens of thousands passing in and coming out." Reserved Seats. — According to the description given in Dionysius of the 1 Liv. I 35. Dionys. III. 68. Plin. H.N. XVI. 24. Suet. lul. 39. Dom. 5. Dion Cass. LXVIIL 7. 348 GAMES OF THE CIRCUS. Circus Maximus as constructed by Tarqniniiis, each of the thirty Curiae had a space assigned to it, and from these the Plebeians must have been exckided. After all political distinctions between the different orders in the state had dis- appeared, the people seem to have sat promiscuously, imtil Augustus ordained that the front seats at all public exhibitions of every description should be reserved for Senators ; and places "were set apai-t for the Equites also at the Ludi Cir- ceiises by order of Nero. ^ Area of the Circus. — The flat space encompassed by the porticoes was care- fully levelled, and being strewed with sand, was called the Arena. The straight wall by which the Circus was terminated at one end had one large entrance in tiie centre, by which the solemn processions filed into the interior. On each side of the central entrance were smaller openings, ( Ostia,) which led from the outside into small arched chambers called Carceres, where the chariots stood before the commencement of the race. The Carceres were closed towards the Arena by doors termed Claustra or Eepagula, fastened by a cross bar, and so contrived that they could be flung open all at once, and thus allow the chariots to dart forward with a fair start. The wall which contained the Carceres was orna- mented at the top with battlements, and from this circumstance is sometimes termed Oppidum. ^ Down the Arena, parallel to the two larger sides, but not reaching to either extremity, and nearer to the left hand side than to the right, ran a low wall, the Spina. At each end of the Spina rose a group of three small conical pillars clustered together ; these were the Metae. Between the Carceres and the nearest Mcta, a straight line was drawn with chalk across the Circus ; this Mas variously tenned Alba Linea, Crcta, Calx. ' On the top of the Spina stood small frames or tables supported on pillars, and also small pieces of marble in the shape of eggs or dolphins. The frames were the Phulae ; the pieces of marble, according to their form. Ova or Del- pliini. Finally, Augustus erected in the Circus Maximus an obelisk which he transported from Egypt, the same which now stands in the Piazza del Popolo ; and a second obelisk of much larger dimensions was brought to Italy by Con- stantius, and placed also in the Circus. It now stands in front of the great church of St. Giovanni in Laterano. The description of Dionysius, and what has been said in the last paragraph, will be more easily understood by referring to the ground plan in the next page, which is taken chiefly from a Circus of which considerable remains are still visible in the immediate vicinity of Rome, and which is commonly known as the Circus of Caracalla. Annexed to the plan are cuts from two large brass coins, one of Trajan, in which we clearly distinguish the obelisk of Augustus, the external portico, the Spina, the 3Tetae, the Phala with its Ova, and the Temple of the Sun ; the other of Balhinus, representing one of the groups of Metae. In addition to the Circus Maximus, we hear of the Circus Flaminius, con- structed in tiie Praia Flamiiiia by C. Flaminius when Censor, B.C. 220 ; of the Circus of Flora, which lay between the Collis Quirinalis and the Collis Hortulorum; of the Circus of Nero which occupied the ground on which St. Peter's now stands ; and of some others of less note ; but although these differed from the Circus Maximus, and from each other in magnitude, we have no reason to suppose that there was any variation in the general disposition of tha 1 Suet. Octav. 4-1. Cinud 21. Npr II. Dom. 8. 2 Varro L.L. V. § l.=>3. Liv. VIIT. 20, Suet. Claud. 21. Cassiodor. Var. III. 51. J Cassiodor. 1. c. Ovid. Met. X. IWi. Liv. XXXVII. 27. Plin. H.N. VIII. 6&. XXXV, 17. Senec. Epp. CVIII. Hor. Epp. I. xvii. 79. GAMES OF THE CIRCUS. 349 different parts. Having therefore described tlie general form of a Roman Circus, we may now proceed to give some account of the shows exhibited. A. The Arena. B. The Spina. C. Tha Metae. D. The Euripus. E. The Carceres. F. The Alba Linea. G. The Seats. Chariot and BTorse Races. — The most important and the most ancient portion of the shows consisted of Chariot Races. The chariots were drawn some- times by four horses, (^Quadrigae,) sometimes by two, {Bigae,) and sometimes, though rarely, by three (Trigae.^ There were races between mounted horses also, (^Equi smgulares,) and occasionally each rider had two horses, vaulting from one to the otiier {Desultores — Equi desuUorii.) When Chariot Races were about to begin, DesuUores rode round the course to announce the com- mencement of the sports ; and we learn from ancient monuments on which Chariot Races are depicted, that the chariots were frequently attended by riders, whose business was, in all probability, to give them assistance in case of any accident, and to cheer them on. ' 3Iissus. Curricula. — The number of chariots which contended together in one race was always fonr, until the time of Domitian, by whom it was increased to six. Each of these matches was termed a Missus, and the number of Missus in one day was regularly twenty-four, although in ancient times a twenty-fifth was added, and the cost defrayed by voluntary contributions. The four chariots being placed each in a separate Career, the signal for starting was given by the President of the Games, (Editor Spectaculi,) wlio was usually one of the higher magistrates, by throwing down a napkin, (Mappa,) upon which the Repagula were flung back simultaneously, and the chariots dashed out. Tliey 1 Oionys. VII 73. Liv. XLIV. 9. comp. XXIII. 20, Domit. 4. Propert. IV. ii. 35. Cassiodor. Var. III. 51. Suet. lul. 39. Tiber. 26. Claud. 21. 350 GAMES OF THE CIRCUS. ran seven times round the Spina, keeping it always on tb') left hand ; and tlie chai-iot -which first crossed the Alba Linea as it completed the seventh round waa the conqueror. Each circuit was termed a Curriculum ; and tliat no confusion might arise with regard to the number of circuits which had been performed, at the termination of eacii round one of the Ova or of the DelpJiini was placed on one of the Phalae, and then the spectators could at a glance perceive the progress of the race. It was of course a great object to keep close to the Spina and to turn round the extremities as sharply as possible. Hence the accidents which frequently happened by the wheels striking against" the Meta, (as in the famous description of a Chariot Eace in the Electra of Sophocles, ) and hence the phrase in Horace — Metaque fervidis evitata rods. It is almost unnecessary to add, after what has been said in the preceding paragraphs, that although we may fairly render Carceres by the starting post, we can never with propriety trans- late Meta as the goal or winning post. In modern racing there is nothing cor- responding to the Meta; and in the Circus the Alba Linea was the goal. ^ Factioncs Circi. — The drivers (Aurigae — Agitatores — Bigarii — Quadrigarii — Factionarii) of the chariots were distinguished from each other by the colour of their garments, one being always dressed in white, another in green, the thii'd in red, and the fourth in blue. Hence, fi-om the keenness with which different persons espoused the cause of the different colours, arose Tour parties or Factiones Circi, which were named respectively the Factio Albata, the Factio Prasina, the Factio Bussata, and the Factio Veneta. The eagerness of those who favoured the contending colours frequently rose, as might be anticipated, to furious excitement and twmult, and on one celebrated occasion, at Constantinople in A.D. 532, produced the teirible riot and massacre known in history as the Nika sedition, in which sjpwards of 30,000 persons are said to have perished. The progress of this appalling calamity has been depicted with terrible force by Gibbon (Chap. XL.) When Domitian introduced the practice of making six chariots start in each Missus, two new Factiones were necessarily added, the gold and the pui-ple — Factio Aurata — Factio Purpurea ; but these were soon dropped, or, at least, not steadily maintained. It would appear that the Factio Prasina, the Viridis Pannus of Juvenal, was the favourite of the greater number of the Emperors, and hence most generally popular. ^ Athleiac. — GjTTinafitic contests also formed a part of the Ludi Circenses , and as the Greeks had their vivruSMv, so the Romans combined the five chief exercises into a Quinqucrtium,^ consisting of foot races, (Ctirsus,) leaping, (Saltus,) wrestling, (jLncta,) throwing the quoit, (^Disci iactus,) and hurling tlie javelin (Taculatio.) Sometimes the group was varied, and boxing (Pugilatus) substituted for one of the above. Youths, from the earliest times, were in the habit of passing a portion of each day in the Campus Martius, practising these manly eports, as well as riding (^Equitatio) and swimming, 1 Oassindor. Var. Ill 51. Suet. Dom. 4. Ovid. Halicut. 68. Varro ap. Aul GpII. III. 10. Propert. II. .\xv. 2.5. ,Serv. ad Virp. Gcorp. III. 18. who is, however, contradicted by Dion CasH. LIX. 7. Liv. XLI. 27. Dion Cass. XLTX. 43. Varro R.R. I. 2. luv. S. VL 588. Paul. Diac 8 V. Fatjie, p. S8. Quintil. I O. I. .■) Martial. XII. 29. Suet. Ner. 22. 2 Suet. Dom. 7. Dion Cass. LXI. 6. LXVII. 4. On the Prasina, see Sueton. Gal. 5.5. Ner. V2. Capitolin. vit. Ver. 4. 6. luv. S. XI. liiC. Martial. XI. 3.J. Dion CasB. LIX. 14. LXIIL 6. LXXH. 17. LXXIX. 14. On the Veneta. Sueton. Vitell. 14. Martial. X. 48. Dion Cass. 1. XXVII. 10 On the Albata, Plin. II.N. VIIL G5. On the liussata, Plin. H.N. VII. 51. comp. Martial. XIV. 131. » t'est. 8.T. p. 'rcss of Actors. — The actors (Ilisti'iones — Ludiones) in Tragedy always wore a boot called Cotiiurnus, (koSo^vo;,) which reached half-way up the leg, and sometimes almost to tlie knees, with a very thick sole to increase the appa- rent stature of the performer. The actors in Comedy always wore a thin slipper called Soccus, and hence Cothurnus and Socais are employed tig-uratively to denote respecti%'ely Tragedy and Comedy, Thus Horace, when speaking of Iambic measure (Ep. ad Pis, 80.) — Hunc Socci cepere pedem granaesque Co- thurni; and again — Orande munus Cecropio repetes Cothurno (C. II. i. ll.) Indignatur item privatis ac prope Socco = Dignis carminihus narrari coena Thyestae (Ep. ad Pis. 90.) On the other hand, the actors in Mimes (Mimi,) ^ appeared with bare feet, and hence were termed Planipedes, and tlie ftxrces themselves Planipediae. ^ Actors, generally speaking, concealed their featiu-es with masks, {Personae^') which were fabricated with great care and skill, so as to convey, by their features, a general idea of the chai-acter represented by the wearer. Auiphithrairca. — It will be convenient to explain -here the distinction between a Theatre and an Amphitheatre, The very name Amphithcalrnm or ecfi(pidexr(}ov, i.e. a double theatre, or a theatre all round, is almost enough, if we suppose the whole of tlie Cavea, including the Orchestra, of one theatre to be applied to the Cavea of another theatre of the same dimensions, or, which comes to the same thing, if we suppose the semicircular rows of Gradus, instead of being terminated by the straight line which bounded the Pulpitum, to be continued round along with their Praecinctiones, Scalae, Cunci, and Exterior Porticoes, so as to complete the circle, we shall form an accurate idea of a Roman Amphitheatre, with this difference, that instead of being perfectly circular, it was usually of an elliptical or oval shape. The space in the centre formed by the Orchestras of the two theatres, which we have supposed to be applied to each other, was called the Arena, being strewed with sand, and this was the spot upon which the various exhibitions to which the building was devoted were represented. It was sunk several feet under the level of the lowest row of seats, in order that the spectators might not be exposed to danger from the wild beasts which were frequently admitted ; and for still greater security, a sort of balustrade called Podium, covered with trellis or net-work, M-as raised on the summit of the bounding walls, and through the interstices those who occupied the front seats gazed on the scenes below. Several doors opened from the Arena, communicating with various apartments, by which the combatants were intro- 1 Observe that the words Mimi and Pantomimi denote alike the actors and the entertain- ments. ^ liiv R VIII. 189. Aul. Cell. L II. Macrob. S. XL 1. Diomed. III. p. 487. eu. Tutsch. uoiiAl. dt- ("uiiiotd. et Tragocd. AMPIirrUEATRES. 357 duced and withdrew. With regard to these combatants and the contests in which the}' engaged, we shall speak at length in the section on Gladiators. Amphitheatres, like theatres, were originally temporary buildings of woi>d. Such was the curious structure of Ciu-io, to wliicli we have already alluded ; such were tlie amphitheatres of Julius Caesar, (Dion Cass. XLIII. 22.) and of Nero, (Tacit. Ann. XIII. 31. Suet. Ner. 12.) although a stone edifice of this description was erected in the Campus Martins by Statilius Taurus during the reign of Augustus (Dion Cass. XLI. 23.) But these and all similar works sunk into insignificance when compared with the Cclosseum, that stupendous fabric commenced by Vespasian and completed by his son, a me- morial of the triumphant conclusion of the Jewish war. It was upwards of 180 feet in height, one- third of a mile in circumference, and capable of containing easily 100,000 persons. ^ A sketch of the ruin as it now exists will be found in p. 35 ; and we annex a cut taken from a large brass of Titus, struck probably to commemorate the completion of the pile. Below is a view of the Amphitheatre excavated at Pompeii, which will explain at a glance the general appearance and internal arrangements of such buildmgs. "^^^^^^^^^^^^^^^^^^ r^ Vela. — The ancient theatres and amphitheatres, at least all of large size, were open to the sky, and hence they were generally surrounded by porticoes to which the spectators might retire in the event of a sudden shower. In order to afford shelter from the scorching rays of the sun, it was customary to spread an a-miing ( Vela) of white or coloured canvas over the whole of the interior ; and on the outside wall of the Colosseum, rings hewn out of the blocks of stone which form part of the edifice, are still visible, which were destined to receive the tall poles by me.ans of which these coverings were supported. It was, of com-se, impossible, during 1 A detailed account of the present state and original plan of the Colosseum will be found In the Beschreibung der Stadt Rome, referred to in page 1, and in almost every work des- criptive of the modern city and its ancient remains. An elaborate treatise on ancient amphitheatres in general, and on that of Verona in particular, forms the first volume of the Verona lUustrata of Maffei 358 X • GLADIATORS. a high wind, to hoist or manage such an unwieldy expanse of cloth ; and in this case the people were obliged to shade themselves with a sort of broad brimmed hat called a Causia, or to hold up parasols (JJvibracula.')'^ The hues thrown upon the stage, the performers, and the audience, by the coloured canvas, afforded Lucretius an illustration of one of his doctrines regarding colour ; and in another place he endeavours to explain the origin of thunder, by comparing the action of the clouds to the flapping of the awning when agitated by a sudden gust. ^ Sparsiones. Missilla, Sfc. — No cost was spared, during the last century of the republic and under the empire, which could tend to increase the splendour of the exliibitions, or gratify the craving of the crowd for novelty. The Scene was over- laid sometimes with silver, sometimes with ivory, sometimes with gold ; all the instruments used on the stage were formed of the precious metals ; while in the amphitheatre the sand of the Arena was strewed with vermillion, the seats of the Podium intertwined with golden cords, and the knots covered with amber; streams of water were introduced, which coursed between the seats, and diffused a grateful coolness as they murmured along ; statues were placed on the stage and in dif- ferent parts of the house, which were constructed in such a manner as to rain down perfumes on the Pulpitum and the spectators, these showers being termed Sparsiones. To increase the good humour of the multitude, at the conclusion of the sports, little balls of wood were thrown down (and hence the name Mis- silia) from the upper story, and scrambled for by those below, each of these Missilia containing a ticket {Tessera) upon which was written the name of some object of greater or less value. Sometimes it was merely a basket of fruit, sometimes a horse, or a robe, or a slave, or a piece of plate, or a sum of money ; and the holder of a ticket in this lottery without blanks was entitled to receive the article inscribed upon it, by making application to an officer appointed for tiie purpose. ■* Many of these refinements became common even in tlie small country towns as early as the latter half of the first century ; for we find in one of the play-bills scrawled upon the walls of Pompeii, the exhibitor endeavouring to attract a large audience by promising — Sparsiokes Vela ElJUNT. 3. Munera Gladiatoria. We now proceed, in the last place, to notice that species of exhibition which, towards the close of the republic and under the empire, was more popular than any other, and which has been justly regarded as the foulest blot upon the national character of the Romans. Orifjin and progress of Gladiatorial SJioics. — Gladiatores were persons armed with deadly weapons who fought with each other in cold blood, usually in pairs, for the amusement of the spectators, until one (or both) of the com- batants was killed or disabled. The origin of this practice must be traced to tlie belief existing among the Greeks and Romans, from the earliest periods, that tlic Fpirits of tiic dead took dflight in humau blood. Hence Achilles is rcpre- Fcntcd by Homer as slaying twelve Trojan captives, and casting tlieir bodies on the funeral pyre of Patroclus, while ^neas, in like manner, offers up eight of luH i-riRoners to appease the Manes of Pallas the son of Evander. (iEn. X. 517.) Pahsmg on to hiatorical times, the custom is said to have been imported into > M«rtl«L XIV. 28 29. J Lucret IV. 7.3 VI \m » I'IUl H.N. XXXIIL :n. XXX VIL 11. Suet. Ncr. II. Martial VIIL 78. GL.VBIATOHS. 359 Rome from Etraria, and the first example is afforded by Marcus and Decimua Brutus, who, in B.C. 264, matched together gladiators in the Forum Boarium, when celebrating the obsequies of their father — D. Junius Brutus munus gla- diatorium in honorem defiincti patris edidit primus. (Liv. Epit. XVI. Val. Max. II. iv. 7.) The practice from this time forward gradually gained ground. There were Ludi funebres in B.C. 216, at which twenty-five pairs fought, (jgladiatorum paria duo et viginti,) the same number in B.C. 200, and sixty pairs in B.C. 183.^ As the taste for these spectacles increased they were no longer confined to fimereal rites, but formed a part of every important public solemnity, and were introduced occasionally even at private banquets. Julius Caesar at one festival presented three hundred and twenty pairs to the people, and Trajan, during the great rejoicings on his return from Dacia, which extended over one hundred and twenty days, matched together ten thousand gladiators. Attempts were made by various persons at different times to restrain the extravagance of private individuals, who were tempted by vanity or ambi- tion to lavish enoi-mous sums on these displays. Laws were proposed and passed by Cicero, by Augustus, by Tiberius, and by other Emperors, to limit the number of fighters, and to check excessive expenditure, but these were neglected or repealed during the sway of worthless princes, and no attempt was made to interdict such exhibitions entirely until the reign of Constantine the Great. They were partially revived under Constantius, Theodosius, and Valentinianus, and finally suppressed by Honorius. Training of Gladiators. — It was natural that much care should be bestowed on the preparations for shows to which thousands looked forward with intense eagerness. Kegular academies, called Ludi gladiatorii, or simply Ludi., were devoted to the instruction of these prize-fighters, in which the most important practical duties were committed to a trainer, called Lariista, by wliom the Tirones, or unJrilled novices, were instructed in the principles of their art, fighting with heavy wooden swords, called Rudes, while their bodies were brought into condition by regular exercise and nourishing food {sagina gla- diatoria.) Many of these LucU were kept upon specidation by Lanistae, who trained large bodies of men, whom they sold or let out for hire to those who were desirous of procuring recruits for public games. Class of persons who fought as Gladiators. — The most copious supply was at all times derived from prisoners of war, or refractory slaves sold by their masters to the Lanista. Malefactors also were occasionally condemned to fight as gladiators, and occasionally Roman citizens oflTered themselves voluntarily for hire, and to such the specific term Auctorati was appHed, their pay being called Auctoramentum. Under the more worthless and dissolute emperors, Equites, priests, and senators did not scrapie to contend in the arena, in the hope ot attracting the attention and gaining the favour of the prince ; and even high- bom women were found who consented to pander to the appetite for novelty, by fighting with each other or with dwarfs. Classification of Gladiators. — Gladiators were divided into classes according to the manner in which they were equipped, and were in many cases named from the nation whose characteristic arms they bore. The representatives of different nations were frequently matched against each other, and the compara- tive efficiency of their weapons offensive and defensive, was thus put to the test. The classes most frequently mentioned are — I Lir. XXIII. 30. XXXL 50. XXXIX. 46. comp. XXVIIL 21, 3 GO GLADIATOKS. Tkreces, armed as Thracians, with a light circular buckler (parmd) and short crooked cutlas ; (^sica ;) Samnites, who, we cannot doubt, were furnished like the Samnites of old (Liv. IX. 40.) with a convex shield, (scutum,) broad and even at top, {summum latius fastigio aequali,) the two sides gradually converg- ing to a point, {ad imum cuneatius,) a wadded breast-plate, (spongia pectori tegumentum,') crested helmet, {galea crisiata,) and with a greave on the left leg; (shnstrum cms ocrea tectum ;) MirmiUones, a word of doubtful origin, equipped as Gaulish warriors ; HoplomacM, in a complete suit of mail like those who fought in the front ranks of the Grecian phalanx. Eetiarii were provided with a net {laculum — Rete) and a three-pointed spear {Fuscina) with a long handle, but were destitute of defensive armour; they were usually paired witli a heavy armed opponent, a Mirmillo for example, who was in this case designated Secutor; the Retiarius being no match for hia antagonist in a hand-to-hand fight, endeavoured, as the latter approached, to throw his net so as to entangle him in its meshes, and, if successful, stabbed him with the fuscina before he could extricate himself If the cast failed he was compelled to take to flight, was chased by the Secutor, (and hence the name,) and if overtaken easily despatched. If, hoM'ever, the Retiarius con- trived to evade his pursuer until he was prepared for a second throw, then the contest was renewed as at first, and continued until one or the other was baffled or exhausted. A most vivid description of a combat of this nature will be found in the eighth Satire of Juvenal (199—210.) Less frequently named than the preceding were DimacJiaeri, who fought with two swords ; Laquearii, analogous to the Retiarii, but who had lassos or nooses instead of nets ; Andahatae, who wore helmets with close visors, so that they fought blindfold ; Essedarii, who fought from Celtic war chariots ; {Esseda ;) Meridiani, who fought in the middle of the day, inferior performers, it has been eonjectured, who were brought forward at an hour when the majority of the spectators had retired to repose during the noontide heat ; Provocatores, of whom we know nothing, except that they were occasionally matched with Samnites. Gladiators, as remarked above, generally fought in pairs, and all such were termed Ordinarii ; at times, however, by way of variety, a number rushed together in a meled, and such were named Catervarii.- Bestiarii were those who, m the Venatio7ies, already described, fought with wild beasts. Munus. Editor. — The terra Munus is applied specially to denote a Gladia- torial show, eitlier in consequence of the connection which originally subsisted between these displays and funeral obsequies, which were specially termed Munera, or from tiie circumstance that they were regarded in the light of a gift, bestowed by the magistrate or the private individual at whose cost they were exhibited, and who presided under the title of Editor {Spectaculi) or Munerarius, the latter term having been, as we are told, first employed by Augustus. ^ Place of Exhihition. — The first show of Gladiators took place, as stated above, in the Forum Boariurn, and wlien they were brought forward in connec- tion with funeral rites, they would always be exhibited near the funeral pyre or m some place of general resort. When they formed a part of great public solemnities, they at first fought in the Circus Maximus, but subsequently Amjihitheatres were erected as the kind of edifice best adapted for these contests. Mode of Procedure.— When the day of the show had arrived, of whioh public 1 Huntu is applied also, though less frequently, to games or shows iu general. GLADIATORS. 3G1 notice was given some time beforehand, accompanied by a description of the number, names, and previous exploits of the combatants, (^Libellus vmnerarius,} the Gladiators marched in procession into the Arena of the Amphitheatre, and were there arranged in pairs, much pains having been previously bestowed upon matching individuals nearly equal in strength and skill. Their arms and equip- ments were then produced and carefully examined ; a prelude (Prohisio) followed, in which the parties fenced with wooden swords and pointless spears, exhibiting the graceful attitudes and dexterous evolutions which they had been taught by the Lanista. The strife then commenced ifi earnest upon a signal given by the Editor. As soon as a Gladiator succeeded in inflicting a decided wound on his adversary, he exclaimed in a loud voice. Hoc Hahet — It is a hit. If the injury ap_ eared to be of such a nature as to disable the sufferer, and prevent him from continuing the fight, the Editor replied, Haiet, and the life or death of the wounded man, who now held up his finger in token of submission, depended upon the pleasure of the president, who usually, as a matter of courtesy, referred it to the audience. If tlie man was a favourite, had fought well, and betrayed no symptoms of terror, the crowd testified their approbation by shouts and clap- jcng of hands, and he was allowed to retire ; but if he had, from any caiise, incurred their displeasure, they depressed their thumbs in silence, and the con- queror, in obedience to a look from the Editor, plunged his weapon into the body of the unresisting victim. The attendants then rushed in, dragged off the corpse by a hook to an apartment called the Spoliarium, sprinkled fresh sand on the Arena, and new actors entered to perform like tragedies. ^ 1 Much information with regard to various matters onnnecte-d with Gladiatorial contests may be gathered from a very curious series of bas reliefs discovered at Pompeii, which are accurately delineated in the great work of Mazois, and in the Mmeo Borbonico. Jupiter, Juno, and Minerva, in an ancient style of art, from a bas relief in the Capitol* CHAPTER XI. THE ROMAN CALENDAR. In giving an account of the Roman Calendar, it will be convenient to disenss, in the first place, that portion of the subject concerning which our information IS full and complete ; and then to pass on to the consideration of those points, which are comparatively doubtful and obscure. According to this plan, we shall commence with an account of the constitution of the Julian Year} Julian Year. — At the time when Julius Cfesar attained to supreme power, tlie Calendar had, from causes which will be afterwards explained, fiillen into great confusion. The Dictator, therefore, resolved to reform the whole system, and being himself versed in astronomy, ^ with the aid of Sosigenes, a peripatetic philosopher of Alexandria, the great school of the sciences, introduced B.C. 45, that division of time which, with a few modifications, is still employed by all Christian nations, and received from its author the name of the Julian Year. The solar year, or the period between two vernal equinoxes, was supposed to contain 365^ days ; but to prevent the inconvenience which would have arisen from the use of fractional parts, three years out of four were regarded as consist- ing of 365 days, while every fourth year had 366. ITlontbs of Jhc Julian Year. — The Roman year had from a very early period been divided into twelve months. This number and the ancient names were retained, but the distribution of the days was changed. By the new arrangement, lanuarius, the first month, had 31 days ; Fehruarius, 28 in ordinary years, and every fourth year, 29 ; Martins, 31 ; Aprilis, 30 ; Mains, 31; /witiAS, 30 ; Quintilis, 31; Sextilis, 31; Septernher, 80 \ October, 31; Novemher, 30; December, 31. In the year B.C. 44, Marcus Antonius, at that time Consul, proposed and carried a law by which the name of Quintilis was changed to Julius, in honour of lulius Caesar, whose birth-day was on the 12th of that month; ^ and at a (•ubsequent period, B.C. 8, by a similar piece of flatter}', the name Sextilis waa changed to Augustus, because the emperor had in that month entered upon his firet Consukhip, had achieved some remarkable \-ictories, and had celebrated three triumphs. * Other princes rejected, * or courted like distinctions. September I The principal authorities are Plutarch. Vit. Goes. 59. Dion Cassitis XLIII. 26. Appinn. H C U. 154. Ov. Fast. III. \hb. Sucton. Jul. 40. Plin. H.N. XVIIL 26. Censorinui 20. Macrol). .S. I. K. Animian. Maroell. XXVI. 1. » hi-t Macrob. .S. L IC. » Macrob. K. I. 12. Dion CaBS XMV. 5. Appian. B.C. II. 154. « Kuclon. OcUv. 31. Dion Cass. LV. C. Maerobius has preserved the decree of the Senate, tlif dale !■ nlvcn by CcnBorinuu 22. * .'luulon. Tib. Vit THE ROMAN CALENDAR. 363 ■was for a while known as Germanicus,'^ and October as Domitianxis ; ' but while the names of July and August still endure, the others soon reverted to their primitive designations. Dirisions of ihc ITIonth. — Julius Caesar retained also the ancient divisions of the month by Calendae, Nonae, and Idus. The Calendae fell uniformly on the first day of each month ; the Idus on the 13th, except in March, May, July, and October, when they fell on the 15th ; the Nonae were always eight (according to the Eoman computation nine) days before the Idus, and therefore on the 5th, except in March, May, July, and October, when they fell on the 7th. Method of Dating. — When an event did not happen exactly on the Calends, Nones, or Ides of any month, they calcidated the day by reckoning backwards from the next division of the month. Thus, if it happened between the Calends and the Nones, it was said to take place so many days before the Nones ; if it happened between the Nones and Ides, it was said to take place so many days before the Ides ; if it happened after the Ides, it was said to take place so many days before the Calends of the ensuing month. In the second place, in making these computations, the day from which they reckoned was always included, as well as the day to which they reckoned. Thus, the 3d of January was called the third day before the Nones of January ; the 10th of March the 6th day before the Ides of March ; the 14th of Jime the 18th day before the Calends of July. We observe an analogy to this practice in the Scotch phrase, " this day eight days ;" the German " acht Tage," which alike denote a space o{ seven days ; and the French " quinze jours," which stands for a fortnight. The form of expression was likewise remarkable. When an event took place on the Calends, Nones, or Ides, it was said to happen, Calendis — Nonis — Idibus lanuariis — Fehruariis, &c. or lanuarii — Februarii, &c. ; (sc. mensis ;) when it took place on the day before one of these divisions, then it was said to happen, Pridie Calendas — No7ias — Idus lanuarias — Februarias, &c. ; but in other cases the formula generally employed was, Aiite diem tertium — quartum — quintum — sextum, &c. Caleiidas — Nonas — Idus lanuarias — Februarias, &c. Thus the 31st of January was, Pridie Calendas Februarias ; the 6th of March, Pridie Nonas Martias ; the 12th of April, Pridie Idus Apriles ; the 27th of April, Ante diem quintum Calendas Maias ; the 2d of May, Ante diem sexium Nonas Maias ; the 6th of June, Ante diem octavum Idus lunias ; the 15th of August, Ante diem decimum octavum Calendas Septembres. Sometimes, but less frequently, the preposition is omitted, and the numeral put in the ablative. Thus we find. Quarto Calendas Septembres, for the 29th of August; Decimo sexto Calendas Novenibres, the 17th of October ; Quinto Idus Decembres, the 9th of December, and so on. In ancient monuments and old MSS., the words Ante diem are very frequently indicated by initial letters only, A.D., and the number by the Roman numeral — thus, A.D. IV. Idus Octobres ; A.D. VI. Calendas Decembres ; A.D. III. Nonas NoA^EjnjRES ; or farther abbreviated, A.D. IV. Id. Octob. ; A.D. VI. Kal. Dec. ; A.D. III. Non. Nov. The Ante diem, or its abbreviation, are often omitted altogether, and the numeral stands alone— rV. Id. Octob. ; VI. Kal. Dec. ; III. Non. Nov. Scaliger and others have attempted, with no great success, to account for the origin of the expression Ante diem tertium, &c. instead of what would appear to be the more natural fonn, Diem tertium (or, die tertio) ante. ^ However the 1 Suetnn. Cal. 15. 2 Sueton. Dom. 13. Macrob. S. L !2. ' We have in Tacit. Ann. XII. 69, tertio ante Idus Octobres, but such a combination is rare 3G4 THE ROMAN CALENDAR. phrase may have arisen, tlic combination ante diem appears practically to have been a formula, which was regarded as a single word, and hence we occasionally find another preposition prefixed to the aide. Thus Cic. Phil. III. 8. — In ante DIEM quartum Calendas Decemhres distulit, i.e. He put off (the meeting of the Senate) to the 28th of November; and again, Ep. ad. Att. III. 17. — De Quinto fratre nimtu nobis tristes rtec varii venerant ex ante diem Non. lun. usque ad Prid. Kal. Sept. i.e. From the Nones of June until the day before the Calends of September, Nay, we even meet with ante diem introduced adverbially where no date is given, as in Caes. B. C. I. 11. — Ante quem diem iturus sit, for quo die, and the Greek writers translate the phrase literally, -when computing time according to the Roman fashion. Thus Plutarch ^ tells us that Home was founded ity-i^x, rig ■k-ao 'ivOiKot, 'K.cchot.'Au'j 'Mctiay, i.e. 21st April. - lutcrcalatioii of (he Julian Year. — The day added every fourth year, aa explained above, was inserted in February, immediately after the festival of the Terminalia, which fell VII. Kal. Mart. (23d February.) In such years, the Gth day before the Calends of March ( VI. Kal. Mart.) was repeated twice, from which circumstance the day inserted was termed Bissextum,^ or Dies Bissextus, * and the year itself Annus Bissextus. ^ The adjective Bissextilis, from whence comes the modern M-ord Bissextile, is a barbarism. We find that the Roman lawyers decided that of the two days which were called VI. Kal. Mart, the latter, or that nearest to March, M-as, strictly speaking, to be con- sidered in all contracts as the inserted day ; but that since these two days were one in the eye of the law, any person born on the inserted day M'as, in ordinary years, to consider the VI. Kal. Mart, as his birth-day, while any person bom on the VI. Kal. Mart, in an ordinary year, was, in the Annus Bissextus, to consider the former of the two days called VI. Kal. Mart, as his birth -day. " The edict published by Julius Cajsar which explained the changes introduced, and pointed out the steps to be followed, in order to secure regularity for the future, seems to have been expressed ambiguously. The Julian Era commenced on the 1st of January, B.C. 45 ; Ca3sar was assassinated on the Ides of March, the year following, and almost immediately after the Pontijices fell into an eiTor, and inserted a day every third year, instead of every fourth. This was continued for thirty-six years, in the course of which twelve days were added, instead of nine, when the mistake was rectified by Augustus, who gave orders that the insertion of the hissextum should be omitted for twelve years, by which a com- pensation would be made for the three supernumerary days, after which the inser- tion was to proceed regularly every fourth year, according to the original inten- tion of the author of the Calendar. ^ A slight correction must on this account be applied to the dates of events which took place within the above period of thirty-six years, when they descend to days. Thus the battle of Actium, which we are told wa.s fought on the 2d of September, B.C. 31, really happened en the 3d. iVuiidinnc. — From tlie earliest times the Romans made use of a week of eight d:\y0. During seven days the husbandman devoted himself to his rural toils, 1 Vit. Rom. 12, * Observe also Cacs. B.C. I. 6. Is diet erat ante diem V. Cat. Aprilit, and Li v. VI. I. Turn da diebui religiueU agitnri i-ucptum, diemque ante diem XV. Calendas SexMet . . . imignem . . . ft err wit. » Ccnsorin. 20. Ainm. Mar. XXVL 1. « Ulpian. Uk-est. IV. iv. 3. « Au);ustin Ep. CXIX. ad Januar. c. 7. See also Macrob. S. L 11 • Dii;est. IV. iv. a T Macrob. S. 1. U. I'lia H.N. XV HI. 57. Sueton. Octav. 2a Solin. Polyh. I THE EOMAN CALENDAR. 365 and on the eighth he repaired to the city to transact business, and exercise his political privileges. These market days were called Niaidinae, a word evidently formed from Nonus^ because, according to the Roman method of computation, they recurred every ninth day, 7wno qnoquc die. We have seen above (j). 113,) that in the year B.C. 98, a law was passed by the Consuls Q. Cajcilius Jletellos and T. Didius, thence called Lex Caecilia Didia, w^hich, among other provi- sions, enacted that every bill shoidd be exhibited for the inspection of the people for three market days before it was submitted to the Comitia. This space of time, which could not be less than seventeen days, was from that time forward called Trimmdinum or Trinuvi Nundinum. ^ The Nundinae ran on with perfect regirlarity ; but it was considered unlucky for them to fall upon the first day of the year, or upon the Nones of any month. - Such coincidences were carefully guarded against hi the infancy of the republic by the priests, who controlled the Calendar, and even so late as B.C. 40, five years after the adoption of the Julian reform, an extraordinary day was inserted to prevent the first of January in the following year from coinciding with one of the Nundinae, ^ the superstition having been revived, it would seem, by the circumstance that the war of Lepidus (B.C. 78) broke out in a year which commenced in this inauspicious manner. The Jewish week of seven days {Heidomas) was known to the Romans fi^om the time of Pompeius, but was not generally adopted luitil after Chiistianity became the established religion of the State. Classification of Days. — AVe may now proceed to explain the epithets by which the days of the Roman year were distinguished individually, when con- sidered with reference to religion and the ordinary business of life. Dies Fasti were the days upon which the Courts of justice were open, and legal business could be transacted before the Praetor, the Dies Nefasti were those upon which the Courts were closed. Certain days were Fasti during one portion, Nefasti during another,'* and such were named Literxisi, (halved,) or, according to the more ancient form of the word, Endotercisi. All days consecrated to the worship of the Gods by sacrifices, feasts, or games, were named Festi; those hallowed by no such solemnities, Profesti. The holy days (Feriae, Festa,} included under the general denomination of Festi dies, were divided into two classes, Feriae Publicae, and Feriae Privatae, the former celebrated by the community at large, the latter peculiar to particidar clans, families, or individuals. The Feriae Puhlicae again were either, Feriae Staiivae, observed regirlarly every year on a fixed day, such as the Terminalia on the 23d of February, the Festum Annae Perennae on the Ides of March, and many others ; or, Feriae Conceptivae, observed regularly eveiy year, but on days fixed by the priests or magistrates for the time being. Such were the Feriae Latinae, the Sementiva, Compitalia, &c. There were also Feriae Imperativae, extraordinary holidays, being for the most part days of supplication or thanksgi\'ing, appointed by the magistrates on occasions of 1 See Cic. PhiL V. 3. Ep. ad Att. IL 3. Ep. ad Fam, XVI. 12. Liv. III. 33. Quintil. I. O. II. iv. 35. 2 Macrob. S. I. 13. Dion Cass. XLVIII. 33. See also XL. 47. 3 We cannot doubt, however, that a day would be subsequently dropped to compensate for this irregularity. * Fastus is derived from fas, or from//W, as bein?: the days on which it was lawful for the Praetor to sveak the words which expressed his jurisdiction. Thus Macrobius S. I. 16. — Xvtv.KCiii—illorum enim dierum quibiisdam hnris fas est, (juibusdam fas non fst ius dicere. nam, cum hnstia caeditur, Jari nefas est : inter caesa et porrecta fari licet : rursus, cum udolelur, licet. 3GG THE ROMAN CALENDAR. national distress or triumph. We ought also to notice Dies Comitiales, days on which it was lawful to hold assemblies of the people, being for the most part such as were neither Fasti nor Festi nor Intercisi. Nor ought we to forget the Dies Atri, on which it was thought unlucky to undertake any business of importance. To this class belonged the day after the Calends, Nones, and Ides of each month, as we are told by Ovid. Fast. I. 57- Macrobius gives a full account of the origin of this superstition (I. 16.) Fasti. — For nearly four centuries and a-half after the foundation of the city, the knowledge of the Calendar was confined to the Pontifices alone, whose duty it was regidarly to proclaim the appearance of the New Moon, to announce to the people the days of the month on which the Nones and Ides would fall, and to give notice of the Dies Festi, Fasti, Nefasti, and Comitiales. These secrets which might be, and doubtless often were, employed for political ends, were at length divulged in the year B.C. 314, by Cn. Flavius, (see p. 224. 328,) who drew up tables embracing all this carefully-treasured information, and hung them up in tlie Forum for the inspection of the public.^ From tliis time forv/ard documents of this description were known by the name of Fasti, and were exhibited for general use in various parts of the city. They contained, for the most part, an enumeration of the days of the year in regular order ; to each was attached a mark pointing out whether it was Fastus, Nefastus, Intercisus, Comitialis, Ater, &c. ; the position of the Nones and Ides, and different Festivals, was also laid down, and sometimes a brief notice of some great victory, the dedication of a temple, or similar event, was added, especially in later times, when in this manner a compliment could be paid to the reigning prince. These Fasti, in fact, corresponded very closely to a modern Almanac, and the poem of Ovid which he entitled Fasti may be considered as a poetical Year- Book, or Companion to the Roman Almanac, according to the order of the Julian Calendar. All the more remarkable epochs are examined in succession, the origin of the different festivals is explained, the various ceremonies described and such illustrations added as were likely to prove useful or interesting to the reader. Several specimens of Fasti, or ancient Almanacs, engraved on stone, have been discovered at different times more or less perfect, and copies are to be found in the larger collections of Koman antiquities and inscriptions. ^ Upon a careful examination and comparison of tlie marks by which the days of the year are distinguished in these monuments, wc obtain the following classification : — 38 days are marked, F. 63 — N. 64 — N.P. 1 — P.P. 2 — Q.ii;ea;C. F. 1 — Q. 5<. D. F. 8 — EN. 181 — C. 17 — SineNota. 365 1 Uv. IX. 46. Val. Max. II. .5, Macrob. S. T. 1.5. Cic.proMur.il. J 8i>e Graemut. Thesaurus Antiqq. Roiimi. Vol. VIII. : Cruter. Corpus Inscrip. Latt.: FoifL'im, Fastorum Verrianorum reliquiae, &c.: Van Vaassen, Aniniadverss. ad Fastos Rom. Mcros, &C. THE ROMAIC CALENDAR. 367 F. denotes Fastus; N. Nefastus; N. P. Nefastus priore, (parte,) that is Nefastus in the early part of the day, and therefore we conclude, Fastus in the after part ; F. P. Fastus priore^ the converse of the preceding; Q. Rex C. F. Quando Rex Comitiavit Fastus ; that is, Fastus after the Rex Sacrijiculus has performed sacrifice in the Comitium, this mark is attached to the 24th of March and the 14th of May ; Q. St. D. F. Quando Stercus Defertur Fastus ; that is, Fastus after the sweepings and other filth have been carried out of the temple of Vesta and conveyed to the Tiber, a ceremony performed once a-year on the 15th of June, as we learn fi-om Ovid and Varro; EN. Endo- tercisus ; C. Comitialis. There is some difficulty in explaining the difference between the days which were N. P. and those which were EN. The Ides of each month were N. P. and most of the other days bearing this mark were sacred to different deities, while those marked EN. do not appear to been hallowed by any solemnity whatever. The Fasti just described have, to prevent confusion, been called Calendaria or Fasti Calendares^^ and must be carefully distinguished from certain composi- tions also named Fasti by the ancients. These were regular chronicles in which were recorded each year the names of the Consuls and other magistrates, together with the remarkable events, and the days on which they occurred. The most important were the Annales Maximi, kept by the Pontifex Maximus; but similar records appear to have been compiled by other magistrates, and by private individuals, and we find many allusions to works of this description, which must have afforded valuable mate- rials to the historian. ^ In the year 1547, several fragments of marble tablets were dug up at Rome, which were found to contain a list of Consuls, Dictators, Censors, &c. from the foundation of the city, until the age of Augustus. These were collected and adjusted as far as possible, and deposited by Cardinal Alexander Farnese in the Capitol, from which circumstance they have been styled the Fasti Capitolini, and similar collections derived from different sources have received the names of Fasti Consulares, Fasti triumphales, and the like. "We may now turn our attention to the Roman Calendar as it existed in ages more remote, and to the different forms which it assumed before the Jidian Era. Every part of this subject is involved in darkness and uncertainty, and the statements of the ancient writers, who appear to have been themselves very ignorant in such matters, are most perplexing and in-econcileable. Year of Romulus. — There can be little doubt that a year was in use among the Romans in the earliest times, and therefore denominated the Year of Romulus, which consisted of 304 days, divided into 10 months — Martius, Aprilis, Mains, Junius, Quintilis, Sextilis, September, October, November, December. Of these, March, May, Quintilis, and October, contained 31 days, the rest 30. ^ That the month of March was originally the first in the year is sufficiently 1 These expressions are not classical. 2 See Hor C. III. xvii. 1. IV. xiii. 13. S. L iii. 112. 3 Among the older historians, Licinius Macer and Fenestella maintained that the Romans from the first employed a solar year of 12 months, (see Censorin. 20. and Plutarch also Vit. Num. 18 ) that the number of the months was originally 12, and that the number of days in each varied from 20 to 35, the sum total being 360. But on the other side we have Junius Gracchanus, Fulvius, Varro, and others, (see Censorin. as above, ) to whom we may add Ov. Fast. I. 27. 43. Ill 99. 119. 151. Aul. Gell. III. 16. Macrob. S. I. 12. Solin. Polyh. 1 . ; all of whom speak without any doubt of the 10 months year. The number of days in e» ch month is given by Censorinus, Solinus, and Macrobius. 368 THE ROMAN CALENDAR. proved by the names of those which follow June, namely Quintilis or the fifth month, Sexiilis the sixth, September the seventh, and so on to December the tenth. In addition, many sacred rites and ancient customs long retained point to the same conclusion. On the first of March, the holy fire was renewed on the altar of Vesta ; at the commencement of the month the old laurels were taken down from the Regia, from the houses of the Flamines., and from the different Curiae, and replaced by fresh branches ; saerifices were offered to Anna Perenna, the goddess of the circling year ; the salaries of instractors were paid ; the taxes farmed out ; and matrons gave an entertainment to the slaves, as the masters of families did on the Saturnalia, the object of the latter being to reward the domestics for their industry during the year that was past, of the former to stimulate their exertions for the future. ^ The year of 304 days corresponds with the course neither of the sun nor of the moon, and many hypotheses have been formed with regard to its origin and import. By far the most ingenious and profound of these, so ingenious indeed that it almost carries conviction, is the theory propounded by Niebuhr. He supposes it to have been employed along with a lunar year for the purpose of making the solar and lunar years coincide at certain fixed epochs. He moreover finds traces of it in history at a period long after it is generally believed to have fallen into disuse, and by its aid explains several of the chronological anomalies atid contradictions so fi'equent in the early annals. His calculations are too intri- cate to be developed here, but well deserve the attention of all interested in such researches. ^ Vcar of Nuuia. — The year of Romulus was succeeded by a pure lunar year, introduced, according to the prevailing tradition, by Numa,^ who retained the names of the ten months already in use, and added two more, lanuarius, from the god lanus, and Fehruarius, from Februus, the deity who presided over expiatory rites. The true length of a lunar month, that is, the interval between t^vo successive New or Full Moons, is 29 days, 12 hours, 44 minutes, 2.87 seconds, and hence twelve lunar months contain 354 days, 8 hours, 48 minutes, 34.386 seconds. The Athenians made their lunar year consist of 354 days ; but Numa, influenced, it is said, by the virtue attributed to odd numbers, * added another to make up 355. Calendac. iVoiiac. idiis. — Each month was divided into three periods by the Calendae, Nonae, and Idus. The Calendae marked the first of the month, the day following the evening upon which the slender crescent of the New Moon was first visible in the sky ; the Nonae the First Quarter ; the Idus the Full Moon. The origin of these terms must be explained. Macrobius has preserved the record of the ancient practice (S. I. 15.) Priscis ergo temporibus, antequam Fasti a Cn. Flavio scriha invitis patribus in omnium notitium proderentur, Pontifici Minori haec provincia delegabatur, ut novae lunae primum observarct adspectum, visamque Regi Sacrijiculo nun- iiaret, itaque sacrijicio a Rege et Minore Pontijice celebrato idem Pontifex, Kalata, id est, vocata in Capitolium plebe iuxta Curiam Kalabram, quae 1 Sec Macrob. S. I. 12. Ov. Fast. III. HS. Beqq. Plutarch. Q. R. 19. 2 Niobuhr's Roman History, Vol. I. Chapter 'On tlie secular cycle." • ^V^"!^'"- '^'}- Solin. 1. Macrob. S. I. 13. On the other hand .Junius Gracchanus main- tainod (Censorin. 1. c.) that this change was introduced bv Tarquinius (Priscus.) « Thus Virgil. E. VIII. 7r,—Ntanern rl-us im/jnie pand.t.' Plin. H.N. X\ Vlll. b—lmpaTe$ numerm iid omnia vfhemnntiiires r.redimns ; mid Paulus Diaconus s. v. Imparem, p. 109— /»j- fhirein numerum antiqui pi osperiorem Aominibus e.^se erediderunt. THE KOMAN CALENDAR. 369 Casae Romuli proxima est, quot numero dies a Kalendis ad Nonas superessent pronuntiabat : e< Quintanas giuWem dicto quinquies verbo x.oe.'Ku, Septimanas repetito septies praedicabat, verbum autem Ko.'h.i) Graecuvi est, id est, voco, et hunc diem qui ex his diehus qui Kalarentur primus esset, placuit Kalendas vocari, hinc et ipsi Curiae, ad quam vocabantur, Kat.abrae nomen datum est. Idea autem Minor Pontifex numerum dierum qui ad Nonas superessent Kalando prodebat, quod post novam lunam oportebat Nonarum die populares qui in agris essent cortfluere in urbem accepturos causas feriarum a Rege Sacrorum, scripturosque quid esset eo mense faciendum. It appuBars from tliis that the Kalendae were derived fi"om Kalo, the same with the Greek ku'Ku, because immediately after the appearance of the New Moon, the people were called together that they might be told on what day the Nones would fall. It must be observed that the New Moon in question was not the astronomi- cal New Moon or period of conjunction, but the first appearance of the crescent in the evening twilight. Now, according to circumstances, the New Moon is some- times visible on the evening after conjunction, sometimes not for two or three days. Hence the Nones or First Quarter would fall sometimes as early as the fifth of the month, sometimes as late as the seventh ; and thus the Ides or Full Moon would fall sometimes as early as the thirteenth, sometimes as late as the fifteenth. - The pontifl^s appear by ancient custom to have been confined to the extremes, and hence according to the appearance of the New Moon they proclaimed that the Nones would be on the fifth, in which case they were called Quintanae, or on the seventh, and then they were called Septimanae. Idus is derived from an Etruscan verb iduare, signifying to divide, because the Full Jloon divides the lunar months; Nonae is the plural of Nonus "the ninth," because the Nones were always just nine days before the Ides, according to the Roman system of computation explained above. January and February having been added to the ten months of the old year, a question arises as to the order of succession then or subsequently established. That Febnxary was in the first instance the last month of the year, seems scarcely to admit of doubt ; thus Cicero de Legg. II. 21. — Venio nunc ad Manium iura, quae maiores nostri et sapientissime instituerunt et religiosis- sime coluerunt. Februario antem mense, qui tunc extremus anni mensis erat, mortuis parentari voluerunt, — and Varro (L.L. VI. § 13.) — Teruhnalia, quod is dies anni extremus constitutus. Duodecimus enim mensis fuit Februarius. ^ We have no satisfactory evidence to determine the epoch at which January and February became the first and second months. Plutarch supposes them to have been from the first the eleventh and twelfth. According to Ovid, Avho supposes them to have been added by Numa, January was placed at the begin- ning of the year, February at the end, and the new arrangement, by which February was placed second, was introduced by the Decemvirs. ^ It is perfectly clear, however, from the various ceremonies described above, that March must have been looked upon as the commencement of the year at the time when those rites were established. lanuarius, therefore, may have been called after lanus, the deity presiding over the beginning of all things, not because it was the first month of the sacred or of the civil year, but because it was the month which See also Paul. Diae. s.v. Fehruariiis. p. 83, and Servius on Virg. G. I. 43. Macrobius S. I. S2. 13, asserts that January and February were placed by Numa as the first and second months of the year, and in the last quoted chapter contradicts himself downright — Omni intercalatinni mensis Februarius deputatus est, quoniam is ultimus anui erat. 2 Fast IL 49. 2b c}70 THE R0M.V!7 CALENDAR. immediately followed the winter solstice, when the sun may be said to resunje his career. ' We know that from B.C. 153, the consuls always entered upon their office on the 1st January, but we cannot positively assert that this day was considered the first of the civil year before that time, although it undoubt- edly was looked upon as such ever after, lutercaiation of the Lunar Vear. — The lunar year of the Greeks consisted of 354 days, that of the Romans of 355, while the length of the solar year, upon which depends the return of the seasons, is 365j days nearly. Hence almost all nations who have adopted a lunar year have had recourse to intercalations^ that is, to the insertion of additional days or months fi-om time to time, which, if managed skilfully, will insure a correspondence between the civil and natural vear at fixed periods, and prevent the dislocation of the seasons. The insertion of a day every fourth year in the Julian Calendar, which has no reference to the moon, is also an intercalation, the object being to compensate for the error arising from making the solar year consist of an exact number (365) of days, instead of 365^, and we shall see how it became afterwards necessary to modify this intercalation in order to compensate for the eiTor arising from supposing the solar year to be exactly 365.25 days in length, instead of 365.242264, &c., as it really is. Octaeteris of the A thenians. — If we reckon the lunar month at 29 j days, and the solar year at 365^ days, and the earliest astronomers did not anive at greater accuracy, then twelve lunar months, or 354 days, will fall short of a solar year by 11| days, which in eight lunar years will amount to 90 days. If, therefore, in the space of eight lunar years we add three lunar months, or, in other words, make three lunai- years out of every eight consist of thirteen lunar months instead of twelve, then at the end of eight years there will be a difl'erence of only one day and a-half between the solar and lunar years. This correction >vas at one time employed by the Athenians; the intercalary months were added at the end of the third, fifth, and eighth years, and the period, or to use the technical phrase, the Cycle of eight years was termed o«T«sT>igJf. Cycle of Melon. — With the progress of science a more convenient correction was introduced. According to the most accurate calculations, 19 Solar years contain 6939.603016 days. 235 Lunar months ) . . cnon cotio j in T A n .\ r contam 6939.68718 days, or, 19 Lunar years and 7 months ) •' so that if seven lunar months are intercalated during nineteen lunar yeai's, or if, in other words, seven out of every nineteen lunar years are made to consist of tliirteen lunar months instead of twelve, then the difference between the solai and lunar years at the end of that period will amount to only .084164 of a day, and the error will be less than one day in two hundred years. This gj/j/saSs- KccTr.al;, or cyclc of nineteen years, is usually named, from its inventor, the Cycle of Meton, and came into use at Athens on the 16th of July, B.C. 432. It was afterwards corrected by Calippus of Cyzicus, who invented a cycle of seventy-six years, which in its turn was corrected by Hipparchus, who invented a cycle of three hundred and four years. It seems to be certain that the Ilomans for a considerable period made use of a pure lunar year, the introduction of which, as we have seen above, was usually I Bruma 7invi prtmn est, retertsque novissima solii : trincipium capiunt Phoebus el annut idem. — Fast. L 163. THE KOMAN CALENDAR. 371 ascnbed to Numa, and it can scarcely be doubted that intercalations were employed resembling some of those described above, in order to bring about a correspondence with the solar or natural year. On this subject, however, the ancient writers are silent, with the exception of Livy, (I, 19.) but unfortunately his language is extremely obscure, and the text of the passage disputed. The intercalations which we do find described by Macrobius, Censorinus, and Plutarch, and which were certainly in use at the time of the Julian reform, belong to a system essentially different. The scheme which they describe is the following. The year of Numa consisted of 355 days. The Komans having become acquainted with the Grecian Octaeteris, according to which 90 days were to be intercalated in a cycle of eight years, applied it thus. They inter- calated at the end of every two years a month, which consisted alternately of twenty-two and twenty-three days, thus making up the sum of 90 days at the end of eight years. ^ It was soon discovered, however, that the year of the Greeks contained 354 days only, while their own had 355, and hence it followed that in the cycle of eight years there was an excess of eight days. To remedy this, a new cycle was invented of twenty-four years, and in the last eight years of this twenty-four days were omitted, sixty only being intercalated instead of 90, thus compensating for the excess which would have taken place in the whole period had the full number been employed. At what time this (or any other) system of intercalation was brought into use, we cannot tell. The Roman antiquaries themselves were at variance. Some referred the introduction of intercalations to Romulus, some to Numa, some to Servius, some to the Decemvirs, while some brought it down as low as the con- sulship of Manius Acilius Glabrio in the ^tolian M^ar, B.C. 191.^ Whatever opinion we may adopt on this matter, it is important to attend to the following consideration. So long as we make use of a year, the months of which are regulated by the phases of the moon, it is evident that all intercalations employed to produce a correspondence with the solar year, must be in the form of entire lunar months. As soon as a period is inserted either longer or shorter than one lunar month, or an exact number of entire lunar months, from that time forward all regular con- nection between the phases of the moon and the commencement of the months and years is destroyed. Hence as soon as the Romans began to employ the intercalary months of twenty-two and twenty-tliree days, from that moment they virtually abandoned the lunar year, and adopted a solar cycle, the same in sub- stance as that afterwards perfected by Julius Cassar, but less accurate and less convenient. The old names of Calends, Nones, and Ides were retained, but these would no longer answer to the first appearance of the New Moon, to the First Quarter, and to Full Moon, more than the first, fifth, and thirteenth of any month at the present time. Ideler believes the change from the pure lunar year to have taken place during the sway of the Decemvirs, an opinion of which we find some trace in Macrobius. ^ Hence he supposes that the Roman Calendar assumed three different shapes before the Julian reform. These he distinguishes as — I. The Year of Romulus of 10 months and 304 days. 1 So Censorinus 20. and Maerob. S. I. 13. Plutarch, on the other hand, says that Numa doubled the difference between the solar and lunar year, and thus made a month of 22 days. Which was intercalated every alternate year, but makes no allusion to the month of 23 days. 2 Maerob. S. I. 13. See also Cic. de Legg. II. 12. 3 Maerob. S. 1. 13. It is clear from Ov. Fast. II. 54, that there was a tradition that the Decemvirs bad made lome changes in the Calendar. 372 THE EOMAN CALENDAR. II, 2 he Year of Numa, a pure lunar of 12 lunar months and 355 days, with suitable intercalations. III, The Year of the Decemviri, nominally a lunar year like the former, but wliich, from the intercalations employed, ceased to correspond with the phases of the moon. We have not yet mentioned the distribution of the days among the twelve months of the year of 355 days. It was as follows : ^ — Januarius,,,,29 Februarius, ,.28 Martius, 31 Aprllis, 29 Mains, 31 Junius, 29 Quintilis, ,..,31 Sextilis, 29 September,. ,,29 October, 31 November, ,,29 December, ,.,29 This arrangement, which remained in force until the Julian reform, is usually referred to the time of Nunia ; but as the number of days in the different months is inconsistent with a lunar calendar, it can scarcely have been introduced until the intercalary montlis of twenty-two and twenty-three days were employed. The position of the Calends, Nones, and Ides was the same as in the year of Cffisar, tlie Calends always marked the 1st of every month, the Nones and Ides the 5th and loth, except in March, May, July, and October, M-hen they fell upon the 7th and 15th. All dates of works written before B.C. 45, must of course be calculated by the above table. Thus when Cicero, in a letter written B,C, 51, says tliat he arrived at the camp in Lycaonia, VII. Kal. Sept. we must not translate this " the 26th of August," as we should do liad it been written after the beginning of B.C. 45, but " the 24th of August," because Sextilis at tliat time had 29 days only, Plutarch names the intercalary month twice ; in the life of Numa he calls it Ms^KiOi'yos ; in the life of Caesar, Ms^xrioovio;. It is remarkable that this term is not to be found in any Roman writer ; the expressions mensis intercalaris and mentis intercalarius being alone employed by them. The intercalations took place in the month of Febniary, between the Termi- nalia and the Recjifngium ; that is, between the 23d and the 24th, at least such was the rule, altliough it may have been violated at times, Tlie remaining five days belonging to February were added after the intercalary month, probably from some superstition ; but all the calculations of time in intercalary years were founded upon the supposition that in such years Febniary contained iJ3 days only. Tims in ordinary years, the day after the Ides of February was A.D. XVI. Kal. j\Iart., but in tlie intercalary years, A.D. XI. Calendas Liter - calares. The Tcrminalia in ordinary years fell A.D. VII. Kal. Mart.., in intercalary years, Pridie Calendas Intercalarex. Tlie intercalary montii had its own Calends, Nones, and Ides, with the addition of the epithet inter calares^, the day after the Ides would be A.D. XV. or A.D. X VI. Kal. Mart.., according as the month contained 22 or 23 days, the five remaining days of February being added, and m either case the Regifugium would always stand as A.D. VI. Kal. Mart. ^ lrr«-;;ularili('M in ihc ISomnii Vear prcrioni)) to llic Jnlian rrform.— Wc have seen that the whole management of the Calendar was originally in the hands of the Pontifces, and even after Cn. Flavius had divulged the secrets of the Fasti, they retained the privilege of adjusting the intercalation, ^ This trust they shamefidly betrayed, and to gratify their private animosities, or show 1 Macrr.b. I. 14. Censorin. 20. » Kor .xainples, see Fast. Capit. Liv. XXXVII. 59. Cic. pro Quinct. 2b. * I oulijjcuui Arbitrio intercalandi ratio purinUsa. Censorin. 20. THE ROMAN CALENDAR. 373 favoiii- to their friends, in order that a magistrate might remain in ofSce for a period shorter or longer than the law permitted, that a farmer of the taxes might be defrauded of his just right, or obtain an mifair advantage, they cur- tailed or drew out the year at pleasure, imtil the whole Calendar was involved in a degree of uncertainty and confusion, to which we can find no parallel in the history of a civilized people. ^ The ignorance which prevailed with regard to the years in which the intercalations ouglit to take place, and the mystery observed by the priests, is well illustrated by the expressions of Cicero. Thus in Ep. ad Att. v. 21, M-e find — Cum scies Romae intercalatiim sit^ necne, velim ad me scribas; again in Ep. ad Fam. VII. 2 — Quotidie vota facimus ne intercaletur, ut quam primum te vidcre possimus ; and in Ep. ad Att. VI. 1. we find — Accepi tuas literas. A.D. quintum Terminalia ; that is, on the 19th of February, this singular method of fixing the date being employed to prevent ambiguity, since the day would be A.D. XI. Kal. Mart, in a common year, and A.D. VI. Kal. Intercal. in an intercalary year, and Cicero knew not when he wrote, whether an intercalation liad or had not taken place. Annus C'oiifusiouis. — Accordingly, when Caesar became Dictator, the year was about two months in advance of the seasons ; the s])ring festivals hap- pened in what were nominally the summer months, and those of summer in autumn. To take a single example. — Cicero, in one of his Epistles to Atticus, (X. 17.) says that at the time when he was writing his journey was delayed by the equinox. The date afiixcd to this letter is XVII. Kal. Jun. i.e. 16th May. In order to remedy these defects, it was found necessary to add 67 days to the year B.C. 46 ; these days were divided into two intercalary months, and inserted between November and December. In this year the ordinary interca- lations of 23 days took place in Februaiy, so that it contained, in all — Ordinary length of year, 355 days. Intercalary month, 23 — Two additional intercalary months, 67 — Total, 445 days. Such was the year B.C. 46, which among modem chronologers has received the name of Annus Confusionis, although, as Ideler observes, Macrobius has more correctly termed it Annus Confusionis idtimus. Censorinus says that 90 days were added to that year, Dion Cassius 67 ; but there is no contradiction here, for the former includes the ordinary intercalation of 23 days in February, which is not taken into account by tlie latter. ^ The two additional months seem to have been called Maisis intercalaris jmor, and Mensis intercalaris posterior., for we find in Cic. Ep. ad Fam. VI. 14 — Ego idem tamen cum A.D. V. Kalendas Istercalares priores, rogatu fratrum tuorum venissem mane ad Caesarem., &c. Ciregorian Caleitdar. — The Julian Calendar was founded upon the suppo- sition, that the length of the solar or tropical year was exactly 365 days, 6 hours, or 365.25 days. Therefore 1 See Censorin. 20. Macrob. I. 14. Plutarch. Vit. Caes. 59. Animianus Maroellinua XXVI. 1. Solimis I. 2 See Censorin. 15. Dion Cass. XLIII. 26. Macrob S. I. 16. Plin. H.N. XVITI. r Ammian. 1. c. Macrob. XXVL 1. Suet. Cresar 40. Ov. Fast. III. 155. Appian. B.C. IL 154. 374 THE BOWAN CALENDAE. The length of the Julian Year being 365d. 6b. But the true length of the Solar Year being ...365d. 5h. 48m. 51 Js. It follows that the Julian Year is too long by llm. 8^s. This excess in 10 years will amount to Ih. 61m. 253. — in 100 — 18h. 34m. lOs. — in 1000 — 7d. 17h. 41m. 40s. To correct this accumulating error, Pope Gregory XIII. published a Bull in 1582, by which it was ordained that common years should consist of 365 days, and tliat a day should be added every fourth year as formerly, with this differ- ence, that the intercalation was to be omitted in the last year of those centuries not divisible by 4 ; and thus that 97 days instead of 100 should be inserted in 400 years. ^ The Gregorian Calendar was almost immediately adopted in all Roman Catholic countries, and to compensate for the error already incurred, 10 days were dropped. The change was not admitted into England until 1752, when 11 days were dropped between the 2d and 14th September, from which arose the distinction between Old and New Style, llussia and other countries which folbw the Greek church, still retain the original Julian Calendar, and hence their dates are now 12 days behind those of the rest of Europe. According to the Gregorian scheme by which three leap years are omitted is 400 years — Length of the Gregorian Year being 365d. 5h. 49m. I2s. True length of the Solar Year bemg 365d. 5h. 48m. ol^s. Therefore the Gregorian Year is too long by 20|s. An excess which will not amount to 1 day in 4500 years. If the insertion of a day be omitted each 4000th year — Length of year according to cycle of 4000 years, 365d. 5h. 48m. 60^s. which is too short by 1 second — a deficiency which will not amount to a day in 70,000 years. i^Msiram. Scculnm. — We may now say a few words with regard to th» longer divisions of time, the Lustrum and the Seculum. The word Lustrum, (see p. 170,) derived from Luo, signified properly the expiatory sacrifice offered up for the sins of the whole people by the Censors at the end of every five years, the period during whicii these magistrates originally held office. Hence Lustrum was used to denote a space of Jive years, and the Censors in performing the sacrifice, were said Condere lustrum, to bring the Lustrum to a close. Varro, in explaining the term, derives it from Luere, in tlie sense of to pay — Lustkum nominatum iempus quinquennale a luendo, id est solvendo, quod quinto quoque anno vectigalia et ultrotributa per censores persolvebantur. (L.L. VI. § 2.) It is to be observed here that quinto quoque anno, according to the Roman metliod of computation, might mean every fourth year, and quinquennale tempos, a term oifonr years, just aa Cicero (De Orat. III. 32.) calls the Olympic games — Maxima ilia quinquennalis celehritas ludorum \ ^ but since we know • Thug no IntPrcalallon taken place in the years 1900. 2UiO, 2200, 2300, 2500, because the nutnliff* 19, 21, Ti. r.i, -iU, arc not divibible by 4, but all of these, according to the old Eysteio, ^rou'nc of the most momentous of the democratic changes introduced by > Liv X. Ul XXII 11. 'ol. XXIII. 32. XXIV. 11. U. Aul. Cell XVI. lo. ROMAN ARMY — LE\TrNG SOLDIERS. 379 Marius was the free admission of the poorest citizens to the Legions, ' a measure wliich, especially after the enfranchisement of the subject states in Italy, had the effect of introducing a new class of persons, who, from this time forward, formed the great bulk of the ordinary levies. But even before this period, the social position of the Roman soldiers had by degi-ees assumed an aspect totally different from that which it exhibited for five centuries after the foundation of the city. At first, they were mere militia, called out to repel or retaliate the hostile inciu-sions of neighbouring tribes, and as soon as the brief campaign was over, each man returned to his home and resumed his peaceful occupations. But in proportion as the power of the commonwealth increased, the wars in which it was involved became more complicated and tedious, and the same army was compelled to keep the field for years in succession, especially when the scene of operations was removed to Greece and Asia. Hence the characters of citizen and soldier, which were long inseparably connected, gradually became distinct, the line of demarcation became more and more broadly marked, and after the time of Marius, the ranks were filled with men who were possessed of no property whatever, who were dependent for subsistence upon their pay, and who were consequently soldiers hrj profession. It was not, however, until the imperial government was established that the principle of maintaining at all times a large standing army was fidly recognized ; but from that time forward military men formed a lai-ge and powerful order in the state altogether distinct from civilians. . licvying Soldiers. — The Senate, at their first meeting after new Consuls entered upon office, voted the number of troops to be raised for the current year, and the Consuls then made proclamation (edixerunt) of the day on which they proposed to hold a levy, (Delectum habere,) giving notice that all liable foi* service must attend, Tlie proceedings usually took place in the Capitol. The Consuls, seated on their Curule Chairs, assisted by the Trihuni Militares, caused the tribes to be summoned in succession, the order being determined by lot. The list of all who were of the legal age (Aetas Militarist was read over, those individuals were selected who appeared most suitable, and their names were entered on the muster roll (hence scribere s. conscribere milites.) Under ordinary circumstances, the youth came forward eagerly to volimteer their services ; (dare nomina ;) but if any one absented himself, or, being present, refused to answer when cited, (militiam detrectabat,) he might be punished summarily with the utmost severity, and even sold as a slave,^ unless a Tribune of the Plebs interfered on his behalf. After the number was complete, the military oath (Sacramentum) was adminis- tered to all the recruits, {Sacramento adigcrc s. Rogare — Sacramenium s. Sacramento dicere,) in terms of which they swore to obey their leaders, and never to desert their standards. It would appear from a passage in Paulus Diaconus compared with Polybius, that one individual was chosen to repeat the formal words {verba concepta) of the oath, while all the rest took upon them- selves the same obligation {iurdbant in verba) by making the response Idem in ME. * After these preliminaries were concluded, the new levies were dismissed, notice having been given to them to meet at a given place on a given day. 1 AuL Gell. L c. Sallust. lug. 86. 2 Liv. IV. 53. VII. 4. Cic. pro Caecin. 34. 3 Liv. II. 24. in. 20. IV. 53. VH. II. XXIL 38. Cic. de Off. I. II. Caes. B.C. I. 76. Aul. Gell. Jivi. 4. Paul. Diac. s.v. Fraeiuraiiones, p. 224. There is a very obscure passage in Livy XXII. 38. about a second military oath which no commentator has ever explained in a Bati> faotorj manner. Comp. Polyb. VL 19. seqq. 580 EOMAN AKMY — THK LEGION. ■\Vhen any panic arose, (TumuUits,) such as in ancient times was caused by the report of an inroad of the Gauls, {Gallicus Tmnultus — Tumulhis Gallici Jama atrox, &c.) the formalities described above were dispensed with, and all who could bear arms, young and old, rich and poor alike, were called upon to rise in a mass for the protection of their country, such soldiers being termed 'rumidluarii or Suhitarii. When, under similar circumstances, there was time to bold a levy, it was conducted with the utmost rigour, {delectus omnis generis hominum,') all the ordinary pleas of exemption, (vacationes,) such as length of ser^^ce or special indulgence, (beneficiun},) being suspended, and hence the phrases — Scribere cxercitus sine ulla vacationis venia — Delectus sine vaca- tion thus. ^ AVhcn a levy was about to be held at Rome, formal intimation was made to the allied states of the number of troops which they would be required to furnish — Item ad Socios Latinumque nomen ad milltes ex formula accipiendos mittunt ; (Liv. XXII. 57 ;)" and the same course was probably adopted with regard to the distant Coloniae Civium Pi.omanorum. It is manifest that after the termination of the Social War, when all the inhabitants of Italy were admitted to the rights of Roman citizens, the system described above could not have been pursued, at least exclusively. When, therefore, volunteers did not come forward in sufficient numbers, persons termed Conquisitores were despatched to different districts, who superintended all the details of the Conscription, which in this case was properly called Conqnisitio, as opposed to the ancient Delectus held in the city ; but eventually Conquisitio and Delectus were used indifferently. Hence in Cicero and Caesar we meet with the ]ihrases — Exercitus ille noster, superhissimo Delectu et durissima Con- quisitione collectus (Cic. Prov. Cons. 2.) — In omnes partes legatos Conqidsi- toresque Delectus huhendi causa miserant ; (Hirt. de bell. Alex. 2.) and under tlie empire, we find Tiberius assigning as one of tlie reasons which rendered it necessary for him to make a progress through the provinces — Delectihus sup- plendos exercitus: nam voluntarium militem deesse, ac si suppeditet, non eadem virtute ac modestia agere, quia plerumque inopes ac vagi sponte militiam sumant (Tacit. Ann. IV. 4.) A similar plan was adopted occasionally at au earlier period when great difficulty was experienced in procuring men, as in B.C. 212, when we find two commissions consisting each of throe individuals appointed — alteros, qui citra^ alteros qid idtra quinquagesimum lapidem in pagis forisque et conciliabuUs omnem copiam ingenuorum inspicerent : et, si quirohoris satis adferenda anna habere viderentur, etiamsi nondum militari aetata essent, milites facer ent (Liv. XXII. 6.) I^c^io. — A Roman Army, from the foundation of the city, until the downfal of the Western Empire, always contained one or more Brigades, called Legiones, a term which comprehended Infantry, Cavalry, and, after the use of military engines became common, Artillery (MacJdnae — Tormenta) also. The Legio, Hnaer the icpublic, was composed of Roman citizens exclusively ; and, therefore, in tlie earlier ages, an army consisted entirely of one or more Legumes, but after tlic subjugation of Latium and other states, the words, Legiones and Lcgionarii Mdites, indicated those who were Roman citizens, in contradistinction to the Socii and Anxilin. The number of Legiones raised annually, necessarily varied according to the demands of the public service. Originally, four was the ordi- nary nuinljer, two for each consul, and down to the close of the republic, two J LW. L 37. II. M IIL 4. 30. VL C. YII. 11. 28. VIII. 20. X. 2!. XXXV. 2. XL. 2& ROMAN ARMY — THE LEGION. 381 Legions, with tlieir complement of Socii and Auxilia, formed a Consularis Exercitus. During the Second Punic War, tlie forces under arms rose as high as eighteen, twenty, twenty-one, and even twenty-three Legions ; under Tiberius, the standing army amounted to twenty-five Legiones, besides Auxilia about equal in strength to the Legions, and the Imperial Life Guards. ^ The Legions were at first numbered according to the order in which tliey Avere raised. Prima, Secunda , . . Decima, &c., and when they became permanent bodies, they retained the same numbers, like regiments in our own service, with the addition of epithets derived from various circumstances ; tliese epithets being, in many cases, rendered necessary by the fact, that different Legions frequently bore the same number. Then under the empire Ave read of the Prima Italica, the Prima Adjutrix, the Prima Minervia, and the Prima Partliica; of tlie Sexta Victrix and the Sexta Ferrata. So also there were five numbered Secunda, and five numbered Tertia, &c. The men belonging to the Prima, Secunda, Tertia . . . Duodevicesima . . . Vicesima, &c., were designated respectively, as Primani, Secundani, Tertiani . . . Duodevicesimani . . . Vicesimani, &c. Number of Pedites in a Legion. 1. The Legion, as established by Romulus, contained 3000 foot-soldiers, and we have no evidence of any increase or diminu- tion of this number during the regal period.^ 2. From the expulsion of the Tarquins, until the beginning of the second Punic War, the number varied from 4000 to 4200, although, on emergencies, the strength Avas raised to 5000, and CA'en 5200. ^ 3. From the beginning of the second Punic War, until the age of Marius, (B.C. 100,) the number varied from 4200 to 5200, seldom falling below 5000, and, in some cases, rising as high as 6000.* 4. From B.C. 100, until the downfal of the empire, the number varied from 5000 to 6200. From the accession of Augustus, until the time of Hadrian, 6000 seems to have been regarded as the regidar complement.* Numher of Equites in the Legion. From the first establishment of the Legion, until the time of Marius, tlie number of Cavalry seems to have been iuA'ariably 300, except in some rare special cases, when it Avas augmented to 330 and to 400.^ After the time of Marius, the CaA'alry in the Roman armies consisted chiefly of foreign troops, and, consequently, Avere not con- sidered as forming part of the Legion. Down to the latest period, hoAvever, Ave find Cavalry, occasionally at least, incorporated Avith tiie Legion, but not in regidar fixed numbers, as during the first six centuries of the City. Organization of the Infantry in the Legion. This, as Ave have indicated above, must haA'e passed through many changes, Avhich it is impossible to follow step by step, in their gradual course, but Ave are able to uace the general out- lines of the system at certain epochs widely distant from each other. 1 I.iv VIII. 8. II. 30. VII. 25. XXIV. 11. XXVI. S8. XXVII. 22. XXVI. 1. XXVII. 3C. Tacit. Ann. IV. 4. 2 Varro L L, V. § 89. Plut. Rom. 13. 3 Liv. VL Tl. VII. 25. XXVIII. 2%. XXI. 17. Dionys. VI. 42. IX. 13. Polvb. I. 16. II. 24. III. 72. i Liv. XXn, 36. XXVL 28. XXXVIL 39. XXXIX. 38. XL. 1. 18. 3fi. XLI. 9. 21. XL1L31. XLIV. 21. Polyb. III. 107. VL 20. fi Paul. Diac. s.v. Hex 7n>Uiu>n et ducentorum, p. 336. Plut. Mar. 3.5 Sull. 9. Appian. Mithrld. 72. Lamprid. Ale.v. Sev. ,50. Veget. IL 6. Serv. ad Virg. Mn. VII. 274. Isidor. Grig. IX. iii. 45. Suidas, Hesycliius, s.v. 6 The Roman authorities, and Dionysius, all agree upon this point ; but Polybius, in one passage, (III. 107. comp. II. 24.) states that the Cavalry of the Legion amounted to -200 under ordinary circumstances, and was increased to 300 in great emergencies only. Elsewhere, however, (VI. 20.) he gives 300 as the number, without comment. For numbers beyond ajO, see liv. XXIII. 34. XL. 3(i. XLIIL 12. 382 ROMAN ARMY — THE LEGION. {First Epoch.) "We can say nothing of the state of matters until the time of Sen'ius Tullius, whose division of the whole body of the citizens into Classes and Centuries, was inseparably connected with military considerations. Those jjossessing the largest amount of fortune, were bound to serve as Cavalry, while the arms, offensive and defensive, of the five Classes, were distinctly specified, and depended upon the means possessed by the members of each Class. When we take these statements in connection with the positive assertion of Livy, (VIII. 8,) we cannot for a moment doubt, that the Legion, in the earliest times, was marshalled in one compact solid body, according to the principles of the Grecian Phalanx. The fore- most ranks were occupied by the citizens belonging to the first Class, whose fortune enabled them to provide themselves with a complete suit of defensive armour; the different por- tions of M'hich we have enumerated in p. 69, and which will be seen repre- sented in the annexed cut of a Greek heavy-armed warrior. Behind these, those of second and third Classes, less exposed, and therefore requiring less complete equipments, took their places, while those belonging to the fom-th and fifth Classes skirmished with missiles ; and when the conflicting hosts came to close quarters, fell into the rear of the phalanx, adding weight and consistency to the mass in the charge. (Second Epoch.) How long this system lasted, we cannot with certainty determine ; but Livy says (I.e.) that the change took lAacQ postquam (Romani) stipcndiarii facti sunt — that is, after the commencement of the siege of Veii, — and conjecture has fixed upon Camillus the great Captain of the fourth century, xs the individual by whom a new order was introduced. It is certain that in B.C. 340 we find that the unwieldy mass of the Phalanx had been broken up into three distinct lines, each line composed of small companies called 3'lanipuli, the whole being arranged in such a manner that while each line and each com- pany could act separately, they mutually supported each other, and executed combined movements with great facility, rapidity, and precision. The details are given in the chapter of Livy, already twice referred to above, which is unfor- tunately obscure if not corrupt ; but although doubt may exist M'ith regard to the force of some expressions, we can form a distinct conception of the leading features of the new system. The whole Legion when in battle order was arrayed in three lines. The foremost line (prima acies) was composed of youths in the first bloom of manhood, (fiorem iuveninn pnhescentiinn ad viilitiam hahebat,) who were classed together under the general name of Ilastaii, and were divided into fifteen companies called Manipuli, which were drawn up separately at a short distance from each other {distantes inter se modicum spatiu7n.) Each Manipulus con- tained sixty rank and file, two officers called Centuriones, and one standard bearer called Vexillarius. Of the sixty soldiers in the Manipulus^ twenty ROMAN ARMY — THE LEGION. 383 carrieil only a spear (hasta) and javelins, (gaesa,) the remaining forty had oblong shiekls, (scuta,) and probably body armour also. The second line was composed of men in the full vigour of life, (rohustior aetas,) who were classed together under the general name of Principes, and, like the Hastati, were divided into fifteen ManipnlL The whole of the Principes were heavily armed, and their equipments were of the best kind {scutati omnes insignibus maxime armis. ) The thirty Manipuli of Hastati and Principes were comprehended under the general name oi Antepilani. The third line was composed, like each of the two former, of fifteen Manipuli, but each of the Manipuli in the third line was divided into three sections, which were called Vexilla, because each section had its separate standard. Under the first Vexillum in each of these triple Manipuli, were ranged the Triarii, veteran soldiers of tried bravery ; under the second Vexillum the Rorarii, men younger and less distinguished ; under the third Vexillum the Acccnsi, less to be depended upon than either of the foregoing, (minimae Jiduciae manum,') and therefore placed in the rear. The tactics of the period cannot be described more briefly or more clearly than in the words of the historian : — Uhi his ordinlbus exercitus instructus esset, Hastati omnium primi pugnam iiubant. Si Hastati profligare hostem nonpossent, pede presso eos retrocedentes in intervalla ordinum Principes recipiehant: tunc Principum pngna erat; Hastati sequebantur : Triarii sub vexillis considebant, sinistra crure porrecto, scuta imiisa humeris, hastas subrecta cuspide in terra fixas, Tiaud secus quam vallo septa inhorreret acies, tenentes. Si apud Principes quoque haud satis prospers esset pugnatum, a prima acie ad Triarios sensim referebantur, inde rem ad triarios redisse, quum laboratur, proverbio increbruit. Triarii cc:i- surgentes, ubi in intervalla ordinum suorum Principes et Hastatos recepissent, extemplo compressis ordinibus velut claudebant vias: unoque continenti agmine, jam nulla spe post relicta, in hostem incedebant ; id erat formidolosissimum hosti, quum, velut victos insecuti, novam repente aciem exsurgentem auctam numero cernebant. (Third Epoch.) The principles adopted in the Second Epoch probably received their full development during the wars against the Samnites, the Greeks in Southern Italy, and the Carthaginians. The Third Epoch may be regarded as extending from B.C. 300 to B.C. 100 or 107. Here our great authority is Polybius, whose remarks apply to a Legion of 4000 men, although the number was usually greater in his day. The Legion, as during tiie Second Epoch, was marshalled in three lines, which still bore the names of Hastati, Principes, and Triarii. The Hastati, 1200 in number, Avere, as formerly, young men, and formed the first line ; the Prin- cipes, men in the prime of life, also 1200 in number, formed tiie second line ; wliile the Triarii, experienced veterans, 600 in number, formed the third line In addition to these, there was a corps of light armed skirmishers, first organised B.C. 211, at the siege of Capua, (Liv. XXVI. 4,) under the name of Velites or Procubitores, 1000 in number, who represented the irregular bodies termed Accensi and Rorarii in the earlier ages. AVhen the number in the Legion was above 4000, the additional men were distributed equally among the Hastati, Principes, and Velites, the number of the Triarii being fixed at 600. The defensive arms of the Hastati, Principes, and Triarii, were the same, 884 EOMAjr ARMT — THE LEGION. all alike being equipped in a full suit of mail, consisting of a helmet (galea) of bronze, a breastplate of chain or scale armour, (Jorica^') or a small cuirass, (thorax s. pectorale^) a gTeave for one leg, (^ocrea,) and a large shield, (scitium,') made of thick rectangular planks, four feet long and two and a-half broad, bent round with the convexity outwards, covered with hide and bound with iron. As to their offensive weapons, all were furnished with the short, straiglit, pointed, two-edged Spanish sword ; (gladius ;) in addition to which the Triarii bore long pikes, (Jiastae,^ while each man in the Hastati and Principes carried two of the formidable heavy javelins, upwards of six feet in length, called Pila. The Velites had merely a light casque covered with skin, a round buckler, (parma,) a sword, and a bundle of darts (Jiastae velitares.) The Hastati, Principes, and Triarii were each divided into 10 Marapuli, and each Mampulns into two Ceniuriae, so that eveiy Legion contained 30 ManipuU and 60 Centuriae. The Velites were not divided into Maniples and Centuries, but were dispersed equally among the three heavy armed lines. The word Ordo is veiy frequently employed as equivalent to Centuria, and rarely a3 equivalent to Manipulus. (See Liv. VIII. 8, and compare XLII. 34.) As early as the second Punic War, perhaps earlier, (Aul. Cell. XVI. 4,) the ManipuU of the Legion Avere combined together in battalions called Cohortes. Each Legion contained ten Cohortes ; each Coliors contained three ManipuU or six Centuriae, viz. one 3Ianipidus of Hastati, one of Principes, and one of Triarii, with their complement of Velites. Observe that the word Cohors is also frequently employed as a general term to denote any body of soldiers uncon- nected with the Legion, (Liv. IV. 39. VII. 7. X. 40. XXV. 14. XXX. 36,) but when used with reference to the Legion, always bears the definite signification cxjjlained above. It would appear tliat during the Second Epoch, the Triarii alone carried the Pilum, and were styled Pilani, and hence the two front lines, the Hastati and Principes were collectively termed ^n. Via. 10. Sallust lug. 54. Tacit. Hist. 11. 43. ROMAN AKMY — THE LEGION. 385 flexible lance. But, before the time of Polybius, it had been found advisable to furnish them with a cuirass, a substantial buckler, and a strong heavy spear. Under the empire foreign Cavalry were to be found in the Roman ranks who were clad both man and horse in a complete suit of chain or scale armour, like those who formed part of the host of Antiochus, and were called Cataphracti or Loricati (Liv. XXXV. 48. XXXVII. 40.) Such is the Dacian represented in the annexed cut, taken from Trajan's column. Socii of the Third Epoch. — When the Senate had resolved to levy a certain number of Legions, the Socii were called upon to furnish an equal number of Infantry, and twice the number of Cavalry. These troops were, we have every reason to believe, armed, equipped, organized, and disciplined exactly in the same manner as the Roman Legions, the whole of the expense being defrayed by the states to which they belonged. Both in the camp and when drawn up in order of battle, the Infontry of the allies was placed on the wings of the Legions, and hence the words Ala, Alarii, and Cohortes Alariae are employed to designate the whole force of the allies, both horse and foot, and the two divisions were distinguished as Dextera Ala and Sinistra Ala. Ala, when used in this sense, must be carefully distinguished from Ala when it signifies the 300 Roman horse which formed the Cavalry of the Legion, and which received their name in like manner from having been in ancient times employed to cover the flanks. After the social war the terms Alarii and Alariae Cohortes were applied to the Auxiliai-cs.^ One third of the Cavalry and one fifth of the Infantry were always selected from the whole body Socii in each army, and attended upon the Consul, under the name of Extraordinarii.^ (Fourth Epoch.) This may be regarded as including the century which immediately preceded and that which immediately followed the Christian Era. We have already had occasion to notice important innovations which belong to the earlier portion of this Epoch — the free admission of Proletarii, Capite Censi, and probably of Libertini also, which took place under the influence of Marius — the removal of all distinctions between Romani Milites and Socii, which was a result of the Social War — and, finally, the em])loyment of foreign Cavalry to the almost total exclusion of Eomani Eqiiites. But in addition to these general changes in the constitution of the army, there are some matters connected with the organiza:ion of the Legion itself which force themselves upon our attention. 1. From the commencement of this Epoch, the names Hastati, Principes, and Triarii, as applied to classes of Legionary soldiers, altogether disappear, and we must conclude that the ancient order of battle had fallen into disuse. The distribution of the men into Centuriae, Manipuli, and Cohortes still prevailed, the mutual relations of these divisions being the same as during the third Epoch, 1 Aul. Cell. XVI. 4. Liv. X. 40. 43. XXVIL 2. XXX. 21. XXXL 21. B.C. I. 7.S. Cic. ad Fam. IL 17. 2 Liv. XXVIL 13. XXXV. 5. Poljb. VL 28. 2o Caes. B.G. L 5L 386 ROMAN ARMY — THE LEGION. that is to sav, each Legio coutaincd ten Colwrtes^ each CoJiors three Manipuli, ami eacli Manipulus two Centnriae. 2. The Velilts are no longer mentioned, their place being supplied by lacvla- tores, Fimditores, Sagiltarii, and otiier light-armed auxiliaries, comprehended under the general expression, Levis Armatura. The ancient word Ferentarii is used both by Sailust and Tacitus to designate the skirmishers of an army. (Sallust.Cat. 00. Tacit. Ann. XII. 35. Yarro L.L. VII. § 57. Non. Marcell. s.v. Decnriones, p. 356, and s.v. Ferentarii, p. 857. ed Gerl. Paul. Diac. s.v. Ferentarii, p. 85. 93.) 3. TIic whole of the Legionaries -were now equipped exactly alike. All wore the same defensive armom*, and all were armed with the Pilum to the exclusioa of the Hasta. 4. AVhen it became necessary to execute any rapid movement, a certaia number of the most active Legionaries were selected, and, having been relieved of the heavier portion of their equipments, were, for the time being, called Expediti Milites, Expcditae Cohortes, or the like, but these terms do not designate a separate class of soldiers. 5. The foreign Troops were distributed into Colwrtes of Infantry and Alae of Cavalry, but of the internal organization of these bodies we Iniow little or nothing. Oj/icers of the Legion. — Trihuni. Centuriones. Optiones. The officers of highest rank in tlie Legion were the Tribuhi, of whom there were originally three; but when Poly bins wrote, the number had been increased to six. For a long period the nomiiuition of the Trihuni vras vested in the Consuls, who com- manded the Legions to which they were attached, but in B.C. 361, the people assumed the right of electing as many as they thought fit, and from that time forwaitl, or at least from B.C. 311, a portion of them were always chosen in tiie Comitia Tributa, and the choice of the remainder left, as before, to the com- manders-in-chief.' Polybius asserts, that no one could be nominated Trihuuus until he had served for ten years in the Infantry, or five in the Cavalry, and tliis rule, although occasionally violated, as in tlie case of the felder Scipio, (Liv. XXII. 53,) was probably observed with considerable strictness during the republic. But among the privileges granted by Augustus to Senators, he per- mitted their sons to assume the Lutus Clavus, (p. 223,) and, if they entered the army, they at once received commissions as Iribuni, and hence such persons were denominated Trihuni Laticlavii? Each battalion of Socii, corresponding in numbers to the Roman Legion, was commanded by six Praefecti Sociorum, who were nominated by the Consul, and corresponded to tiie Trihuni in the Legion. Next in rank to the Trihuni, were the Centuriones, sixty in number, each having the command of a Centuria. They were nominated by the Trihuni, who \\ ere bound to select the most meritorious ; and it would appear that tiie appointments were sulyect to the approbation of the connnauder-in-chief. (Liv. XLII. 33.) Altiiough each Centurion had the conuuaud of one Centuria, and no more, they were not all upou an equality in rank, but a regular system of precedence was established, extending to the whole number. AA'c are led to the conchi:-ion that not only was service in the ranks of the Triarii regarded an more honourable than in those of the Principes, and in the Principes 1 Uy. VII 5 3+ TX rw. XXVII. 30. XT.IJ. :U XUIL 12. Polyb. VI. ID. 2 Sui-t octar. i8. Uoni. 10. coiiip. OUio. 10. whtTt we find mentiun made of a TnKunut AngutltcUiviut. ROMAX ARjrr — OFFICEUS. 387 than in the Haxtati, but that the JIaniples in each lino were numbered from one to ten, and took precedence according to these numbers. Hence there would be a regular gi-adation from the Ceiiturion who commanded the right wing or Century of the first Maniple of tiie Triarii^ down to the Centurion who commanded the left Ming or Century of the tenth Mani])]e of tlie Hastati. Tiie Centurion who commanded the right wing of tlie first Maniple of tlie Triarii, was entitled Primipilus, or Centurio primipili, and was said Dncere prinnun pilum. To his cliarge was committed the Aquila or great standard of the Legion. He ranked next to the Tribunes, and had a seat in the Consilium, or Council of War. The first Centurion of the Principes was styled Primus Princeps; the first Centurion of the Hastati^ in like manner, Primus Hastatus; and these and similar designations were retained after the classes of Hastati, Principes and Triarii were no longer to be found in the Legion. We have remarked above, that Ordo is by most writers used as synonymous with Centuria, and hence, with reference to the comparative rank of tlie different Centuries, we meet with such phrases as primi ordines, superiores ordines, inferiores ordines, iiifimi ordines; and a Centurion who commanded one of the higher companies was said Ducere TioneS' turn ordinem. Each Centurion had under him a subaltern or lieutenant, named by himself, who was termed Optio, and there was also, in each century, an ensign or standard-bearer, (sifi)iifer,) who was probably regarded as a petty officer. Lexjati. In addition to the regular officers of the Legion, a general or pro- vincial governor usually nominated, with the consent of the Senate, Legati, that is lieutenant-aenerals who I A I were not attached to any one corps, but who exercised a gen- eral superintendence under his orders, when he was present, and ^ I I I I acted as his representatives when _ he was absent. We hear of | Legali under Consuls and Die- ~" tators from a very early period ; . the number seems to have been ^ I I I ! originally two, one for each of _ two Legions which constituted | a Co7isularis Exercitus, but in ~ after times the number varied i j i j according to the magnitude of ' ■ •' the army, and the nature of the 1 servdce.^ 1 ^ I Agiucii. — The arrangement - of a Consular Army on the JLarch I ^ \ (Agmen) as described by Poly- bius, will be understood from k. | j j | | j | | K the annexed representation. A, Extraordinarii Pcdiies. B, Dextera Ala Sociorum (Pedites.) C, Impedimenta belonging to A and B. D, Legio Romana. E, Impedimenta of D. F, Legio Bomayia. G, Impedir- menta oi 'E . E. Imped imetita oi^K. K, Sinistra Ala Sociorum. 1 Liv. IL 59. IV. 17. XLIII. 1. Sallust. lug. 29. Cic. nro Sext. 14. Ncpos Att. 6. I |F 388 EOMAN ARMY — ORDER OF BATTLE. The Cavalry did not maintain a fixed position, sometimes riding in advance, or upon the flanks, as circumstances might demand, and sometimes falling into the rear of the division to whicli they belonged. When any apprehension was entertained of an attack, the difierent corps followed each other closely, so as to exhibit a compact body, and tliis was termed — Quadrato agmine incedere. "When danger was anticipated from behind, the Extraordinarii brought up the rear instead of leading the van. Acies. — The disposition of an army in battle order (Acies) must, to a great extent, have depended upon the nature of the ground, and iipon tactics adopted by the force opposed to them. Certain general principles were, however, observed during the different epochs, to which we have referred above, in draw- ing up the constituent parts of each Legion, so as to insure the greatest amount of mutual support, whether acting on the offensive or defensive. During the First Epoch, the whole body of the Infantry being marshalled in the solid mass of a phalanx, the gi-eat object would be to keep the front of the phalanx, which presented an impenetrable wall of warriors clad in full suits of armour, turned towards the enemy, an attack upon the rear or flanks being fatal, if executed with boldness and resolution. The system pursued during the Second Epoch is sufficiently intelligible from the narrative of Livy as given above, (p. 382,) according to which A will repre- A B (D— _______ (2) . C C (3) ) sent the 15 Maniples of Hastati, B the 15 Maniples o( Principes, and the 15 triple JIaniples, consisting of (1) Triarii, (2) Rorarii, and (3) AccensL During the Third Epoch we have still the three lines, A being the 10 Maniples of Hastati in front, B the 10 Maniples oi Principes in the centre, and C the 10 A B C Maniples of Triaril in the rear as a reserve, while the Velites, or skirmishers, acted in front or on the flanks as circumstances might demand, and when driven in, retired through the openings between the Maniples, and rallied in the rear. When we reach the Fourth Epoch, the Hastati, Principes, and Triarii have disappeared, and the Roman generals found by experience that it was necessary to vary their tactics according to the varying modes of warfare practised by tlicir barbarian foes. It would appear that Ca2sar did not adhere to any fixed fivstem, but each cohort was kept distinct, and spaces, as of old, were left between the Maniples ; the young soldiers were no longer placed in front, but the van was led by the Veterans. We may now proceed to notice some classes of soldiers which sprang up Immediately after the establishment of the Empire. Under this Lead we shall ROMAN AKMY — PRAETORIAE COHORTES, 389 describe, 1. Praetoriae Cohortes. 2. CoJiortes Urhanae. 3. Cohortes Vigi' lum. 4. Vexillarii. 1. Practorinni. — The cominander-in-clucf of a Roman army was attended by a select detachment, which, under the name of Cohors Praetoria, remained closely attached to his person in the field, ready to execute his orders, and to guard him from any sudden attack. Unless Livy (II. 20) has carelessly transferred the usages with which he himself was familiar, to the earliest ages of the common- wealth, something analogous to a Cohors Praetoria^ was to be found in the Roman armies soon after the expulsion of the Kings; but Festus seems to have ascribed the institution to Scipio Afrlcanus.' At all events, bodies of this description are frequently mentioned towards the close of the republic, but they consisted of individuals selected from the ordinary troops, for a special purpose, and never constituted a distinct branch of the service.^ Augustus, following his usual line of policy, retained the ancient name of Praetoriae CoTiortes^ while he entirely changed their character. He levied in Etruria, Umbria, ancient Latium, and the old Colonies, nine or ten Cohorts, ' consisting of a thousand men each, on whom he bestowed double pay and superior privileges. These formed a permanent corps, who acted as the Imperial Life Guards, ready to overawe the Senate, and to suppress any sudden popular commotion. To avoid the alarm and irritation which would have been excited by presence of such a force in the capital, three Cohorts only were stationed in Rome itself, whilst the remainder were dispersed in the adjacent towns of Italy. But after fifty years of peace and servitude, Tiberius ventured on a decisive measure which riveted the fetters of his country. Under the pretence of reliev- ing Italy I'rom the burden of military quarters, and of Introducing stricter discipline among the gaiards, he assembled them at Rome in a permanent camp, (^Castra Praetoria^) strongly fortified, and placed on a commanding situation at the northern extremity of the Viminal.* Then: number was subsequently increased by Vitellius, to sixteen thousand. '' The power wielded by the Praetorians was necessarily so great, and was so fully appreciated by themselves, that each Prince, upon his accession, foimd it expedient to propitiate their vanity by flattering compliments, and to purchase their allegiance by extravagant donations. Tlieir insolence was increased by every fresh concession, until at length it reached a climax when, after the murder of Pertinax, they put up the empu-e to sale, and made it over to Didiiis Julianus, as the highest bidder. After the downfel of this pretender, they were disgraced and disbanded by Septimius Severus, who, however, revived the institution upon a new model, and increased the number to about 40,000. The Praetorians had, originally, been recruited in Italy exclusively, and, in process of time, in Macedonia, Noricum, and Spain also. But under Severus they were composed of picked men and tried warriors, draughted from all the frontier legions, who, as a reward for good service, were promoted into the Cohorts of the Household Troops. After the lapse of another century, they were gradually reduced, and their 1 Paul. Diaa s.v. Praetoria Cohors, p 223. 2 Sallust. Cat. 60. lug. 98. Cic.inCat.II.il. Caes. B. G. I. 40. Appian. B.G IIL 67. V. 3. 3 Tacitus says nine, (Ann. IV. 5,) Dion Cassius le>i (LV. 24.) 4 I have used here, and in the sentences which follow, almost the very words of Gibbon, Cap. 5. 6 On the rise and progress of the Praetorians, see Tacit. Ann. IV. 1—5. Hist I. 84. 11. 93. III. 84. Suet. Octav. 49. Tib. 37. Dion Cass. LII. 2i. LV. 24. LVIL 19. LXXIV. 2. Hero- dian. III. 13. Aurel. Vict, de Caes. 39. 40. 80O i:OMAN ARMY — COIIOKTES TjKBANAE, &C. privileges abolished by Diocletian, -vvlio supplied their place in a great measnre by the Illyrian legions, called Jovians and llercnlians; they were again increased to their iurnier sirengtli by Maxenlius, and finally suppressed by Constantine the Great. The office of General of the Guards — Praefectus Praetorio — which was vested originally in two, under Tiberius in one, and, at a later period, occasion- ally in three or four individuals, increased in importance as the power of the Praetorians themselves increased, and at times was but little inferior to that of the Emperor himself. Their duties, in the reign of Commodus, were extended 60 as to comprehend almost all departments of the government, and hence the post was sometimes filled by Civilians, as in the case of the celebrated Ulpian. 2. Cohoi-tes Urbniiac. — These were a sort of city militia or national guards, whose duties seem to have been confined to the preservation of order in the metropolis. They were instituted by Augustus, and divided, according to Tacitus, into three, or, according to Dion Cassius, into four Cohorts, amounting in all to six thousand men. Tliey were under the immediate command of the Praefectus Urbi, and hence Tacitus tells us, that when Flavins Sabinus was incited to take up arms against Vitellius, he was reminded — esse illi proprium mililcm Cohoriium Urhanariun. (Ilist. III. 04.) ^ 3. i'ohorU's Vigiiuui. — Augustu§ established also a body of armed night- police who patrolled the streets, and whose special task v.-as to take all precau- tions against fire. They were divided into seven Cohorts, were composed of Libertini, and were commanded by a member of the Equestrian Order, who was denominated Praefectus Vigihim. (See p. 200.) - 4. V««.\illarji. .Vexilla. — By comparing the different passages in Tacitus where these terms occur, we shall arrive at the conclusion that they bear a double meaning, one general, the other special. 1. Vexillarii and Vexilla, in their widest accejitation, arc applied to any body of soldiers, horse or foot, sei-ving under a Vexillnm apart from the Legion, whether connected or not connected with the Legion, and hence may be used to denote a body of legion- aries detached upon particular duty, or a body of recruits not yet distributed among the ran.ks of the Legion, or a body of foreign troops altogether inde- pendent of tlie Legion. Thus we read of Vexilla Tironum — Germanica Vexilla — Manipuli . . . Nauportum missi . . . Vexilla convellunt, &c. 2. Vexillarii and Vexilla, in a special sense, arc applied to the Veterans who, in accordance with a regulation introduced by Tiberius, (see below p. .892,) had at the end of sixteen years' service, been discharged from the ranks of the legion, but who, enjoying various exemptions and privileges, were retained for four years longer under a Vexillum, which accompanied the Legion in which tiiey had been previously enrolled. 'When Vexillarii or Vexilla is employed to denote this class of soldiers, some expression is usually introduced to mark their connection with the corps to which they had previously belonged. Thus — Vexillarii dkcordium Leejiouum — Vexillarii vicesimani — Vexilla nonae se- cundaeque et vicesimae Leijionum, &c. ^ _ We must carefully distinguish these Vexilla which belong to the imperial times exclusively, from the Vexilla of the Second Epoch, (see above p. 383,) which denoted the different sections of the Triple Maniples of the third line. 1 f3oe Tacit. Ann. IV. b. Dion Ca«s. LV. 21, wlio terms them «< rSf troXiiut C'ovfol, and •omctimcB 'o.if. MX. a) simply o.-io-TJze;. » Suelon. Oftav, M. 'M. Tacit. Hist. 111. 6t. Dion Cass. LV. 26, who c*ll3 them tvxroe;^ 2»(r. I;ii(fBt. I. XV. » TaciL Aun. L 20. 3a IL 78. XIV. 31. Hist. I. 31. 53. 70. II. 11. IIL 22. IIOMAN AKMY — MILITAr.Y PAY. 391 Military Pay. — Each of the Eqnites eqno publico, from the enrlicst times, received a sum of money for the purchase of his horse, and was allowed 2(J00 Asses annually for its support (p. 72.) The Infantry, however, for three cen- turies and a-lialf received no pay. During the whole of that period, the Legions usually remained on service for a very limited period each year, being called out merely for the purpose of repelling a sudden inroad, or of making a foray into the territory of a neighbouring state. As soon as the brief campaign was over, the soldiers dispersed to their abodes, and resumed the tillage of their farms and the other occupations in which they had been engaged. But when it became necessary for the troo|)s to keep the field for a lengthened period, it became necessary also to provide for their support, and to afford them such compensation for their loss of time as might enable them to contribute towards the mainten- ance of the families they had left at bome. Accordingly, in B.C. 406, exactly three years before the period when the Roman army for the first time passed a winter in the field, encamped before Veii, the Senate passed a resolution that soldiers should receive pay out of the public treasury — Ut stipendium miles de publico adciperet, qnnm ante id tempus de siio quisqne functus eo muncre esset (Liv. IV. 59.) ' Three years afterwards, when the blockade had been actually commenced, (B.C. 403,) those who were possessed of the Census Equester, but to whom no Equus Publicus had been assigned, volunteered to serve as Cavalry, and to them also the Senate voted pay (Liv. V. 7.) The practice thus introduced was never dropped — fncere stipendia — merere stipendia — became the ordinary phrases denoting military service, and wdien a numeral was attached to stipendium, it indicated the number of campaigns. Livy does not state the amount of the pay when it was first institnted ; and with the exception of a casual expression in Plautus, (Mostell. II. i. 10,) we have no distinct information until we come down to Polybius, in whose time a private foot-soldier received 3^ asses per day, a centurion double, a dragoon three times as much, that is, a Denarius. ^ By Julius Cassar, the amount was doubled — Legionibns stipendium in perpetniim duplicavit ; (Suet. lul. 26;) by Augustus it was farther increased to 10 asses per day, the denarius being now in this as in ordinary computations held to be equivalent to 16 asses, (Tacit. Ann. I. 17. comp. Suet. Octav. 49,) and thus each man would receive (in round numbers) 9 aurei per annum, to which Domitian added three more — Addidit et quartum stipendium militi, aureos ternos, (Suet. Dom. 7,) thus making the sum an aureus, or 25 denarii, per month. The Praetorians had double pay. (Dion Cass. LIII. 11. LIV. 25. Tacit. 1. c.) The state provided the soldier with clothes and a fixed allowance of corn ; but for these a deduction was made from his pay, and also for any arms which he might require. (Polyb. Tacit. 11. cc. comp. Plut. C. Gracch. 5.) The allied troops (Socii) were clothed and paid by their own states, and received gratuitously from the Romans the same quantity of corn as the legion- •iries. (Polyb. I. c.) I»i-aemia. Coinmoda. — Towards the close of the republic and under the empire, it became customary, when soldiers received their discharge upon com- 1 This is one of the many instances in which Niebuhr refuses to admit the accuracy of Livy's statements j but I am unable to perceive the force of liis arguments, or, rather, asser- tions. 2 Polybius (VI. .■??. ) says that the legionary received 2 obols a-day ; but he, in ronimon with other Greek and Roman writers considered the Greeli drachma and the Roman denarius as equivalent, and we know from Pliny (H.N. XXX. '.i) that for a long period the Drmuius, ia esmputing military pay, was held to be equal to ten asses only. (See Tacit. Ann. I. It.) 392 KOMAN AKMY — PERIOD OF SERVICE. pleting their regular period of sen-ice, to assign to each a portion of land or a "Tatuitv in money. Sometimes large bodies of veterans, in accordance with tlie policy followed during the subjugation of Italy, (p. 88,) were transported to the remote trontier provinces, and there established as military colonies. All such rewards for service were comprehended under the general term Praemia or Commoda Missioiium — Commoda emeritae militlae, &c. — and corresponded with the system of military pensions common in modern times. ^ Period of Service. — In the earlier ages, when the campaigns were of short duration, every Koman citizen possessed of a certain fortune, and between the ages of seventeen and forty-six, was bound to enrol himself as a soldier, if called upon, witiiout reference to his previous service. In process of time, however, when large armies were constantly kept on foot, and the legions often remained long in foreign countries, it was found expedient to limit the period, and before the time of Tolybius it had been fixed to twenty years for the Infantry and ten years for the Cavalry. Each individual who had completed this term was exempted for the future, was styled Emeritus, and was entitled to a regular discharge {Missio.) A discharge granted in this manner was termed Missio Jwnesia, but if obtained in consequence of bad health or any special plea, Missio causaria. Those who thought fit to remain in the Legions after they had a right to demand their Missio were called Veterani, and those who had received their Missio but ^vere induced again to join in compliance with some special request, were named Evocati. Augustus, in B.C. 13, restricted the regular period of service for the Legionaries to sixteen years, and for the Praetorians to twelve, (Dion Cass. LIV. 25,) but subsequently (A.D. 5) it would appear that the old system was renewed, the Praetorians being required to serve for sixteen and the Legionaries for twenty years, at the end of which they were to receive a bounty (jyracmium) of 20,000 sesterces and 12,000 sesterces respectively (Dion Cass. LV. 23.) This arrangement was again modified under Tiberius, in consequence of the mutiny in Pannonia, to this extent, that the Legionaries were not to be entitled to the full Missio until after twenty years, but that after sixteen years they were to receive a partial discharge, termed Exaiwtoraiio, in virtue of which they were to be separated liom the Legion, to be exempted from all ordinary laborious tasks, and to be marshalled by themselves under a distinct banner — Missionem dari vicena stipendia mentis; exauctorari qui sena dena fecissent, ac rctineri sub vexillo ceteroriim immunes 7iisi propidsandi Tiostis (Tacit. Ann. I. 36.) It is by no means clear, however, that this was not the system which had been introduced by Augustus when lie revived the ancient period of service, and that the nmtiny was not partly caused by a want of good faith in carrying out these rules. lYIiUtary »«taiidnr^'^^ probability, mere temporary structuies ; but iiiider the empire they fiequently assumed a permanent foini, were designed «ith great archi- tectural skill, and ornamented with elaborate sculptures. Of this description 1 Sec various dctailn with reenrd to Triumphs in Liv. VIM. ?6 XXVI. 21. XXVMI V9. 38. XXX. Hg XXXL 5. I'O. 48. 49. XXXIll. 22. XXXIV. 10. XXXIX. iS. XL. 38. Val. Max II. ''lil I. 2. .'.. 7 2 I.iv. XXVI, 21. XXXVI. 3!) XXXIX. 4. and on the other band Liv. III. Ca VIL )7. X. S7. Polyl.. VI. L-). I)iony«. XL50. SI.Iv. XXVI '.^l. XLV 3V « I.lv. XXVI.2I XXXIll. 23 XMI. 2L XLV. .-'8 Plin H N XV. 38, Plut. MarceH. 22. « Liv Kpit, XVII. XXX VII 1.0 XLV, 4.'. Val. Max II, viii. H. • Tiirlt. Ann I. 7' 11. 02. IIL 72. UiBt. I. 7U. IL 78. Suet. Octav. 9. 38. Dion Casa ZLIX. 42. LIV. 11. i;4. KOMAN AKMT- -MILITARY REWARDS. 395 are the arches of Titus, of Sevcrus, and of Constnntine, still extant, of which we have given representations in Cliapter I., and sucii oljects are often delineated upon coins, as in the cut at the bottom of the hist page, from a large brass of Nero, Ovaiio. — This was a procession of the same nature as a Triumph, but much less gorgeous, and was conceded to those who had distinguished themselves against the enemy, without having performed any achievement of suflicient importance to entitle them to a Triumph, or who were unable to fulfd all the. conditions enumerated above. In tiiis ca?e, the general entered the city on foot, or, in later times, on horseback, attired in a sim])le Toga Praetexta, frequently unattended by troops, and the display ternunated by the sacrifice not of a bull, as in the case of a Triumph, but of a sheep — and hence the name Ovatio. ' Coronae, Phalerae, ^-c. — Coroime were wreaths or chaplets worn on the head, or carried in the band, on public occasions, and were distinguished by various names, according to their form and the circumstances under wiiich they were won. Tiie most honourable of all was the Corona Civica, bestowed upon those who had saved the lite of a citizen ; (oh Cives Servatos ;) it was made of oak leaves, and iience termed Querais Cicilis — the Corona Vallaris s. Castrensia was given to the individual who first scaled the rampart in assaulting the camp of an enemy — the Corona Muralis to him who fu-st mounted the breach in storming a town — the Corona Navalis to him who first boarded a hostile ship — a Corona Eostrata was presented by Augustus to Agrippa after the defeat of Sex Pompeius — a Corona Obsidionalis was tlie offering of soldiers who had been beleaguered to the commander by whom tiiey had been relieved, and was made of tlie grass which grew upon the spot where they had been blockaded. - Phalerae were ornaments attach.ed to horse furniture, or to the accoutrements of the rider; besides which, various decorations for the person, such as collars of gold, (^Torqucs,) Armlets, (Armillae,) Clasps, (^Fibulae,) and similar objects, were among the marks of honour given and received. Spolia, that is. armour or weapons taken froin the person of a vanquished foe, were always exiiibitcd in the most conspicuous part of the house of the victor, and the proudest of i.U military tropiiies were Sjwlia Ojiima, wliicli could be gained only when the commander-in-cliief of a Roman army engaged and over- threw in single cond)at the commander-in-chief of the enemy, {quae dux Populi Romani duci Jtoslium detraxit.) Roman history afl'orded but three examples of legitimate Spolia Opima. The first were won by Romulus fiom Aero, King of the Ceninenses, tlie second by Aulus Cornelius Cossus from Lar Tolumnius, Ring of the Veientes, tiie third by 51. Clauilius JIarcclius from Virodomarus, a Gaulish chief, (B.C 222.) In all cases they were dedicated to Jupiter Fere- trius, and preserved in his temple. * miliiarj- l*uiii!«liinf-iiis.-Sliglit oflTenccs were punished with stripes or with blows with a stick, and these Avere generally inflicted summarily by the cen- turions, who, for this purpose, carried a vine sapling, w^hich was regarded as 1 Liv. in. in. XXVr 21. Paul. Diac s.v. Ovanti-s. p. 195. Aul. Cell. V. 6. Plin. H.N. XV. S9. Fl"r III 19. Plut. Marcell. 22. Dion Cass. XLVUI. 31. XLIX. 15. LIV. 8. 33. LV. 2. Serv. ad Virg. A.n IV 543. 2 See Aul Oeli V. 0. Liv. VI. 20. VIL in. 26. 37. 47. 41 IX. 4G. X 41. 47. XXIT. 51. .52: XXIV. 16 XXVL 21. 48. XXX. 15. XXXIX 31. I^pit. CXXIX. T.icit. Ann 11.9 83 III. 21. XV. 1-A Plin. H.N. VII. 30 XXL 4. XXIL 4. 6. Suet. Claud. 17. Paul. Diac. s. v. l^avali coronii, p- 1P3. Vopipc. Aurelian. 13. 8 Liv. I. 10. IV. 20 Epit XX. Fest s.v. Ophnn spolia. p 186. Plut. Marccll. 8. Corn, Nep. vit Att 20. comp. VaL Max. III. iL C. Dion Cass. XLIV. 4. LL 24. 396 ROMAN ARMY — THE CAMP. tlieir badge of office.' More serious violations of discipline, such as disobedience, desertion, mutiny, or theft, were visited with death. The sentence was carried into effect in various ways, by beheading, by crucifixion, and sometimes by the Fustuarkim, which was analogous to running the gauntlet. When a soldier was condemned to undergo this, one of tlie tribunes touched him with a stick, upon which all the soldiers of the legion fell upon him with stones and clubs, and generally despatched him. He was, however, allowed to run for his life, but if he escaped, could never return home. ^ When some crime had been committed which involved great numbers, every tenth man was chosen by lot for punishment, and this M'as called Decimatio? Under the empire we hear also of Vicesimatio and Centesimatio. (Capitolin. Macrin. 12.) Eiicampmcnis.— When a Roman army was in the field, it never halted, even for a single night, without throwing up an entrenchment capable of containing the whole of the troops and their baggage. This field-work was termed Castra., and such an essential feature in their system did it form, that the word is fre- - quently used as synonymous with a day''s march, and also with warfare in general, as in the expressions — Consul tertiis Castris Ancyram pervenit (Liv. XXXVIII. 24.) — Septuagesimis Castris Tarraconem rediit (Liv. XXVIII. 16.) — Vir, ncscias utilior in Castris, aii melior in Toga (Velleius II. 125.) Folybius has bequeathed to us such a minute description of a Roman Camp, accompanied by accurate measurements, that we can have no difficulty in des- cribing the form and arrangements which it exliibited at the epoch when the discipline of the Romans was in its most perfect state. Officers possessed of the necessary skill and experience, were always sent forward in advance of an army on the march, to choose suitable ground for the encampment, (capere locum castris,} attended by practical engineers, called Metatores, who, after the spot had been selected upon which the tent of the general (JPraetorium) was to be erected, taking this as their base, made all the measurements, and drew all the lines necessary to enable the soldiers to begin working as soon as they came up, and laid off the spaces appropriated to each of the various divisions of which the army was composed, so that each individual knew at once where his quarters Mere to be found. The form of the camp was a square, each side of which was 2017 Roman feet in length. The defences consisted of a ditch, (fossa,) the earth dug out, being thrown inwards so as to form a rampart, (agger,) upon the summit of which a palisade (vallum) was erected of wooden stakes, (valli — sudes,) a certain number of M'hich were carried by each soldier, along M-ith his entrenching tools. A dear space of 200 feet (intervalhnn) was left all round between the vallum and the tents. The relative position of the different parts will be readily understood by studying tJie annexed plan, and the explanation by which it is accompanied, it being premised, tliat the camp represented is one calculated to accommodate a consular army, consisting of two legions, each containing 4,200 infantry and 300 cavalry, together with the usual complement of socii, that is, an equal number of infantry and double the number of cavalry, iu all 16,800 infantry and 1,800 cavalry. ' Tncit. Ann. T. 17. 18. 23. Liv. Epit. LVII. Plin. H.N. XIV. I. ■-' I.iv H. .V.t. V. G. Epit. XV. XXVIII. 29. XXX. 4. Tolyb. VL 37. Cic. Philipp. III. 6. Tacit Ann. IIL21. » I.iv. II. h\>. Cic. pro Clucnt. 4G, Pol.vb. VI. ."?«. Plut. Crass. 10. Suet. Octav. 24. Galh. U. Tacit. Hist. I 37. Dion CasB. XLI. .V). XLIX. 27. 38. l-'or various minor punishment§. »ie LIT. X. 4. XXIV. IG. XXV. C. XXVI. 1. XXVII. 13. XL. 41. VaL Mai. It \a. 9. li bnet. Oclav. 24. ROMAN ARMY — THK CAMP. Porta Praetoria. 397 B 13 12 11 10 9 •S g Principia. Principia. 6 5 4 4 4 4 4 3 3 3 3 3 2 i 2 2 2 - — C 5 G 5 6 5 6 5 Via Qnintana. 6 5 6 5 6 5 6 5 6 6 Via Quintana. bed 4 4 4 4 4 3 3 3 3 3 2 2 2 2 2 - — i 3 n J ] a 1 k 1 r n a P q r s C Porta Decumana. J) AB, AC, CD, DB, are the four sides or ramparts enclosing the Camp ; P is the Praetorium, the quarters of the general-in-cliief, which, as remarked above, served as the base in making the measurements and laying off the different areas. We have supposed the Praetorium to face towai-ds CD ; but this is a disputed point. In the middle of the side AB, which was always the side nearest to the enemy, was a gate, — the Porta Praetoria. In the middle of CD, the side farthest from the enemy, was a second gate, — the Porta Decumana. The whole Camp was divided into two unequal parts, which we may dis- tinguish as the Upper and the Lower portions, by a road, 100 feet broad, which ran right across parallel to the sides AB, CD. This road was called Principia ; and at each extremity of the Principia a gate, 0, was formed in the sides AC, BD ; these were respectively the Porta Principalis Dexlra, and the Porta Principalis Sinistra. The Upper portion of the Camp, that, namely, which lay between the Prin- 398 KOMAN ARJIT — THE CA5IP. cipia and tlie side AB, contained about onc-tliird of the space embraced by tb? lower portion. The principal object in tliis division was the Praetorivm, (P) ■which stood in the centre of an o]>cn square, extending 100 feet on each side of it. Rigiit and left of tlie Praetorhim, at Q and F, were tlie Qnaestoriiim, tlie quarters of the Quaestor and of tiiose innnediately connected with his depart- ments, and the Forum, tlie pulillc market of tiie Camp ; but it is uncertain oa whicli side of the Praetorium they were respectively situated. Along the straigiit line, EG, wiiich forms the upper boundary of the Principra^ were ranged at the points marked by dots, the tents of the tweh-e Trihuni belonging to the two legions; and, in all probability, along the same line, nearer to its extremities, were tiie tents of the Praefecti Socioriim. The Principia may be regarded as the great thoroughfare of the Camp. Here the altar for sacrifice was raised, and beside the altar, as befitted their sacred character, stood the standards, or at all events, the Aquilae of each legion. In the spaces marked 7, 8, 9, 10, and the corresponding spaces on the opposite side of the Praetorium, were the staft' of the general, including probably tlie Legatu together M-ith the Practoria Cohors, tiie body guard of the general, consisting chiefly of picked men selected from the Extraordinarii ; 7 and 8 were cavalry, facing towards the Praetorium ; 9 and 10 infentry, facing towards i\iQ Arjger. In 11 were the remainder of the Extraordinarii Equiies, facing towards the Principia ; in 12, the remainder of the Extraordinarii Peditcs, facing towards the rampart. The space 13 Mas devoted to troops not included in a regular Consular Army, who might chance to be serving along with it. The Lower portion of the Camp, that, namely, which lay between the Prin- cipia and the side CD, was devoted to' the quarters of the ordinary troops, Infantry and Cavalry, Legionaries and Allies. It was divided into two equal parts by a road, 50 feet wide, which ran parallel to the ]'rincipia, and was called Via Quintana. The tents were all pitched in the twelve oblong com- partments represented on the plan, six above and six below the Via Quintana. Each of these compartments was divided from the one next to it by a road or passage ( Via) 50 feet broad ; each compartment was 500 feet long, and each was divided transversely into five equal compartments, each 100 feet long, by lines drawn parallel to the Principia, and again longitudinally into two com- partments ijy lines drawn parallel to the sides AC, BD, ab being in length 200 feet, be 133g-, de 100, ef 100, gli 50, hi 100, the remainder of the same dimen- sions in a reverse order, kl 100, Im 50, no 100, op 100, qr 133^, rs 200, AVe have thus the twelve large compartments each divided into ten rectangular spaces, and from the data given above, we can at once calculate the area of each. It will be seen that a line drawn from the Porta Praetoria to the Porta Decumana would pass through the centre of the Praetorium, dividing the Camp into two equal parts ; and it will be seen by referring to the plan, that these two parts are in every respect perfectly symmetrical. In exjilaining how the troops were arranged, it will be necessary to describe their distribution on one side of this line only, for one Legion, with its complement of Socii, lay on the right hand, ami the other on the left hand, wiiile every compartment, both in tlie upper and lower |)ortion of the Camp, belonging to the Legion upon one side, liad a comjiartment exactly similar corresponding to it, and belonging to the Legion on tlie other side. In the spaces marked 1, each containing 10,000 square feet, were the Equiles of the Legion, each of the ten spaces being occupied by one Turma of 30 men and bursca. ROMAN AnilT — THE CAMP. 399 In the spaces marked 2, each contninint^ 5000 square feet, were the Triarii of the Legion, each of tlie ten spaces being occupied by a Manipulus of 60 men. In the spaces marked 3, each containing 10,000 square feet, were the Prin- cipes of tiie Legion, each of the ten spaces being occupied by two Manipuli of 60 men eacli. In the spaces marked 4, eacli containing 10,000 square feet, were the ITastnli of the Legion, each of tlie ten spaces being occupied by two Manipuli of CO men each. In the spaces marked 5, eacli containing about 13, "00 square feet, were tlio Equites Socioi-iim, eacli of the ten spaces being occupied by 40 men and horses, making in all 400, the remaining 200 being quartered apart in the upper Camp among the Extraordinarii. Finally, in the spaces marked 6, each containing 20,000 square feet, were the Pedites Socionim, each of the ten sjiaccs being occupitd by 240 men, making in all 2400, the remaining COO being quartered apart in tne upper Camp among the Extraordinarii. The tents all faced towards the Viae which formed their boundaries ; those in the spaces 1, 3, 5 fiicing towards BD, those in 2, 4, 6, towards AC. It will be observed that nothing has been said regarding the quarters of the Velites. Polybius leaves us altogether in the dark upon tliis point. Watching the Camp. — Pickets of Cavalry and Infantry, called Stationes, were thrown forward in advance of the difFerent gates, to give timely notice of the approach of a foe ; and in addition to these, a strong body of Velites was posted at each gate to prevent the possibility of a surprise. These were called Custodes s. Custodiae. Finally, a number of sentinels, {Excuhiae^') taken also from the Velites^ kept guard (af/ere excuhias) along the ramparts, while others taken from the Legions were stationed at the quarters of the genernl-in-chief and other principal officers, and were dispersed among the tents and Viae. All these precautions were observed iluring the day, and were of course redoubled during the night, which, reckoning from sunset to sunrise, was divided into four equal spaces called Vigiliae, the niglit guards being termed s]iecially Vifjilcs., {agere Vigilias,) while Excubiae and agere Excnhiax applied both to night and to day. The ordinary duty of going the rounds ( Vigilias circuire) was committed to eight Equites., four from each Legion, who were changed daily, and the most effectual precautions were taken to ascertain that they performed their task fully and faithfully. The watchword (Signnm) for each night was not passed verbally, but was inscribed upon small tablets of wood, (I'cs.'ierae.) y.hicli were delivered, in the first instance, by tiie commander-in-chict to those legionary Tribunes who were upon duty, and by these to four men in each Legion called Texserarii, by whom the Tesserae were conveyed to the tents most remote from the Principia, and thence passed along the line from Tnrnia to Turma, and from Manipulus to Alanipulus, until they again reached the hands of the Trihuni. Attack and Defence of Forlitieil I'laccs — In laving siege tO a fortified tomi or other place of strength, one of two methods was adopted: either, 1. An attempt was made to force an entrance, in which case the process was termed, Oppugjiatio, and, if successful, Expugnatio : or, 2. A lilockade was formed, and the assailants calcidated upon starving out the defenders. This was called Obsidio. OppuQtiatio. Urhem Oppugnare. If the town was of small size, and 400 ROMAN ARMY — SIEGES. accessible on every side, while the force at the disposal of the besiegers was large, a ring of soldiers was drawn round the walls, (oppidum corona cingere,) a portion of whom kept up a constant discharge of missiles upon those who manned the battlements, {propiignatores^') while the rest, advancing on every side simultaneouslv, with their shields joined above their heads so as to form a continuous covering, like the shell of a tortoise, {testudine facta,) planted scaling ladders (scalae) against a number of dilFerent points, and, at the same time, endeavoured to burst open the gates. When the town, from its size, tlie strength of its defences, and the numbers of the garrison, could not be attacked in this manner with any reasonable prospect of success, a regular siege was formed ; one or two points were selected, against which the operations were to be principally directed, and elaborate works were constructed. The great object was to demolish the walls, so as to make a practicable breach, and this might be effected in two ways. 1. By undeiTnining them (muros suhruere s. suffodere.) 2. By battering them with repeated blows from an enormous beam of wood shod with a mass of iron forged into the shape of a ram's head, which gave the name of Aries to the wiiole machme. But in order to enable the soldiers who were to be engaged in filling up the ditch, in undermining the walls, and in working the Ram, to approach with safety, it was necessary to protect them from the missiles hurled down from the battlements. The means resorted to in order to gain this end, were twofold. 1. A number of large Avooden sheds, called, according to their various forms, Vineae — TeMiidines — Plntei — Muscidi, open at the two ends, but with strong roofs overlaid with raw hides, and wattled at the sides, were placed upon rollers, and pushed forwards up to the very walls {rotis subiectis agebantur.') Under some of these there were Rams which the men could work with comparative security, being sheltered from an-ows and darts, Avhile others afforded cover to those who were digging under the foundations of the walls. 2. In order to annoy and distract the defenders, a huge mound of earth — Agger — was thrown up opposite to the points selected for attack, and as it was gradually advanced nearer and nearer to the walls, it was at the same time raised so as to equal them in elevation. Upon the summit of this, one or more lowers — Turres — were built of such altitude as completely to overtop the battlements, and thus to enable the archers and javehn-throwers, with which the successive stories {Tabidata) were crowded, to look down upon the ramparts, and to take deliberate aim at the townsmen. When tlie nature of the ground, or other circumstances, rendered it difficult or impossible to construct an Agger, Turres were fabricated at a distance, and rolled up on wheels like the Vineae, but their unwieldy weight and height rendered such an operation very difficult and hazardous. Occasionally also, mines (cunicuVi) were driven with a view of passing nndcr the walls, and opening out witliin the town, as in the problematical tale regard- ing the capture of Veil. (See Liv. V. 19. 21. XXIII. 18. XXXVIII. 7.) The mode of attacking a fortified place would necessarily depend in its details upon a variety of circumstances, which would vary for each particular case; and the skill of tlie engineers would be taxed in devising schemes for the removal of new and unlooked-for obstacles. But the general prfnciples remained the same; and we fmd tlie Agger, the Turres, the Aries, and the Vineae, constantly recurring in the descriptions of sieges recorded by historians. When the use of Jialiitae, CdUipnltne, Scorplones, and similar machines, (Tormenta.) which diachargcd arrows, darts, and stones, in showers, became common, they were ROMAN ARMY — SIEGES — MILITARY DRESS. 401 employed Avith gi-eat effect by both parties, but they appear to have been directed entirely to the destruction of life, and not, although some of them shot stones of immense size, to battering in breach. Obsidio. Urbem Obsidere s. Obsidione Cingere. It is obvious that the system described above could not have been pm-sued against a town or castle built upon a lofty eminence, or strongly fortified by nature. Hence, when it was desired to reduce a place of this description, recourse was had to Obsidio. In order to render this effectual, the place besieged was, if practicable, surrounded by a double wall, (^Circumvallare — Circumvallatio,) strengthened at intervals with towers, the inner wall being intended to resist any sally upon the part of the townsmen, the outer to repel any attempt at relief from without. The defence, on the other hand, was in each case varied to meet the par- ticular form of attack. Every effort was made to delay the progress of tho works, and destroy the machmes, by frequent sallies, (^emptiones,) and since the materials employed in constnicting the Vineae and Turres were all of a combustible nature, it often happened that they were repeatedly consumed by fire. Ingenious contrivances were devised for deadening the shock of the Aries, and for seizing and lifting it up, so as to prevent it from being propelled with effect ; huge masses of stone were cast do'WTi upon the Vineae, crushing every thing before them by then* weight ; mmes were met by counter mines — tranversis cuniculis hostium cuniculos excipere ; Turres were erected opposite to, and more lofty than those upon the Agger ; the Agger itself was undennined, and the earth withdrawn ; when a portion of the wall was shattered, a deep ti'ench was dug behind the breach, a new wall raised behmd the trench, and a multi- tude of schemes contrived and executed, which may be best learned by reading the accounts which have been transmitted to us of some of the more remarkable sieges of antiquity, such as those of Svracuse, (Liv. XXIV. 33, &c.,) of Ambracia, (Liv. XXXVIII. 4,) of Alesia, *(Caes. B. G. VII. 68.) of Marseilles, (Caes. B. C. II. 1.) and of Jerusalem, as recorded by Josephus. Military Dress.— The cloak, or upper garment, worn by the soldiers on service, was termed Sagum,' in contradistinction to Toga, the garb of the peaceful citizen. In the case of any sudden panic, it was assumed by the whole body of the people, who in such a case were said — Saga sumere — Ad Saga ire — In Sagis esse. It seems to have been worn by officers as well as common soldiers, for we find the garment of the latter sometimes distinguished as Gregale Sagum. The characteristic dress, however, of the general-in-chief and his staff, was the Paludamentum, which, although less cumbrous than tlie Toga, was more ample and graceful than the Sagum. ^Y\lm a Roman magistrate quitted the city to take the command of an army or of a Province, he thiew off the Toga as Boon as he had passed the gates, and assumed the Paludamentum. Hence he was said — Exire paludatus, and on such occasions he was usually preceded by Lictores paludati. The Caliga was a shoe, or rather a sandal, worn by the common soldiers, who are hence termed caligati, and is used figuratively to denote service in the ranks. Thus Seneca — Marium Caliga dimisit? Consulatus exercet. (De brev. vit. 17.) Again — Ingratus C. Marius, ad Consulatum a Caliga per- ductus. (De Benef. V. 16.) ^\jid Pliny — Tuventam inopem in Caliga militari tolerasse. (H.N. VH. 43.) It was very heavy, and studded with nails. Hence 1 Cic. Philipp. V. 12. VIII. 11. XFV. 1. 3 Liv. VIII. 34. comp. XXVII. 19. XXX. 17. Sil. IV. 518. XVII. 527 S Cic ad Faja. VIIL 10. Liv. XLL 10. XLV. 39. 2d 402 R05IA.N Anirr — military dress. Juvenal enumerates, among the inconveniences of jostling in a crowd — Planta viox undique magna = Calcor et in digito davits mihi militis haeret (S. III. 248.) — and again, when descanting on the folly of exciting the hostility of a throng of soldiers — Cum duo crura habeas, offendere tot caligas, tot :=. Millia clavontm (S. XYl. 24.) Caius, the son of Germanicus, who was reared in the camp, wore the Caliga when a child, out of compliment to the soldiers, and hence acquired the nickname of Caligula, by which he was familiarly distinguished. ^ It must be observed, that the most striking illustrations of military costume and equipments contained in Montfaucon, and other great works upon Anti- quities, are derived to a great extent from the sculptures upon Trajan's column, and therefore depict the soldier of the empue. AVe have given, in p. 376, repre- sentations of two legionaries and a standard-bearer, and we now subjoin a figure of the Emperor himself in his dress as a general, and also of a stone caster and of a slinger, all taken from the monument in question. These show clearly the general aspect of the common legionary soldiers and also of the irregular troops. Tlie cloak worn by the Signifer is probably the ordinary Sagum, while that of the Emperor is unquestionably the Paludamentum. II. — Ships and Naval Warfare, ^ In no one of the arts which have been practised by mankind from the earliest times, was the inferiority of tlie ancients to the moderns more conspicuous than in Navigation. Even those nations which became most celebrated for their skill in this department, scarcely ever attempted to keep the sea during winter, but were wont to haul up (suhducere) their vessels upon dry land towards the close of autumn, and not to haul them down (deducere) to sea until the stormy equinoctial gales of spring were past, operations which they performed by machines (^Trahuntque siccas machinae carinas) called Phalangae,^ consisting of \ I?*^"- '*"'> ^ ■"■ Suet. Octav. r>. Call)?. 9. Vitell. 7. • The most important passages in ancient writers connected with Ships and Naval War- fare, are collected in SciiKFKERns De miUlift nnrali velerum. Uhsal, IfiSJ. Much valuable ,'i ,"" " "'" ^^ found in a recently published worlt by .Mr. Smith of Jordanhill. entitled, J M f oi/ai(e anri Shipwreck of St. Paul, hon. 1818. * Uor. C. I. Iv. 2. Varro ap. Non. s.v. pulangae, p. 111. ed GerL SHIPS. 403 a system of rollers, acting probably somewhat in the same manner as what is now called a patent slip. The Romans especially, notwithstanding the great extent of sea coast presented by Italy, never became addicted, as a people, to maritime pursuits; and in all matters connected with nautical aflairs, were for surpassed by the Phoenicians and Tyrrhenians of the early ages, and by the Atlienians, Carthaginians, Cretans, and Rhodians of a later epoch. Hence we shall not be surprised to find their language very defective in the technical terms connected with sliips ; and although ancient vessels, especially in so far as the rigging was concerned, were infinitely more simple in their structure than those now in use, tliere are many essential parts which we never find named ui any Latin classical author, and several others, preserved in the gi'ammarians, which have been borrowed without change from the Greek. All sea-going vessels, throwing out of view for the present mere boats, skiffs, and small craft, may be divided into two classes, with reference to the purposes to which they were applied. 1. Merchantmen. (Naves mercatoriae — onerariae.') 2. Ships of AYar. (Naves hellicae — longae — rostratae — aeratae.) The former were propelled chiefly by sails, the latter, although often fully rigged, depended, in all rapid evolutions, upon rowers, of wliom they can-ied great numbers. We shall first describe an ancient ship generally, including those parts which were common to both classes, and then point out the pecuHarities which dis- tinguished the war galleys. Every siiip (Navis) may be regarded as consistmg of two parts : 1. the Hull, (Alveus,) and 2. the Tackling (Arma7ne7ita.y AlTeus. — The Alveus was made up of, 1. The Keel (^Carina.) 2. The Prow or fore part of the ship (Prora.) 3. The Stem or after-part of the ship (Puppis.) 4. The Hold, (Alveus in its restricted sense,) which contamed the cargo, crew, and ballast (Sabiirra.) The Well, or bottom of the Hold, was called Senlina; into this the bilge-water (Nautea) drained, and was drawn ofl" by a pump (Antlia.') The Ribs or frame-work were termed Costae or Slatiimina ; ^ the Planking Tabulae, the seams of which were payed with wax, pitch, or similar substances (hence Ceraiae puppes.^ Undecked vessels were Naves apcrtae, as opposed to Naves tectae s. constratae, the decks themselves being Tabulata s. Pontes. ^ Very frequently vessels were only partially decked, and the sailors passed from one end to the other by means of gangways, (Fori,') or from side to side by cross planks (Transtra s. luga.) The Fori and Transtra served also as benches for the rowers. * Armamenta. — Of these, the most important were — 1, Anchorae, the anchors, of wliich there were usually several, "resembling closely in form those now employed, fitted with cables (Ancoralia.') The anchor was thrown from the prow (Ancora de prora iacitur) when the ship was required to ride, (Consistere ad ancoram — stare s. expectare in ancoris — tenere navem in ancoris,) and on going to sea was weighed (Ancoram tollere s. Vellere, or in the case of great haste, Praecidere.) A ship in harbour was 1 Alieui and Armamenta stand opposed to each other in Liv. XXXIII. 34. 2 Pers. S. VI 31. Caes. B.C. I. hi. 8 Val. Flacc VIII. 305. Tacit. Ann. IT. 6. 4 Cic. de S. 6. Isidor. XIX. il 2. 5. Virg. jEn. VL 411. Charis. p. 19. ed. Putsch. Dio- ined. p. 314. ed Putsch. « eg. The ship in which St. Paul sailed had four. (Act. Apost. xxvii. 29.) 404 SHIPS. moored by hawsers, (Retinacula — Orae,) ' wliich were unloosed when the ship went out, and hence the phrases — Oram resolvere — Navem solvere — or sunply Solvere — signify to set sail. 2. Gubernaculum, the rudder, with the Clavus, its handle or tiller. ^ The ancient rudders were not hinged to the stem posts as oui's are, but were what are technically termed paddle-helms, and of these there were usually two in the ship, placed one on each side of the stern. A rudder of this kind is seen in the annexed cut, taken from a tomb at Pompeii, and ships were commonly steered in this man- ner as late as the fourteenth century. 3. 3IaU, the masts, with their yards, (An- tennae s. bracMa,) whose extremities, the yard arms, were termed Antennarum cornua. The mast rested in a socket, or step called Modius,^ and high up above the main-yard the mast was embraced by a sort of cup-shaped cage called Carchesium,^ corresponding to what is now tenned a top. It served as a look- out place ; and in ships of war, men and military engines were sometimes sta- tioned in the CarcJiesium to command the decks of an opponent. The ships of the ancients, even when of large size, liad seldom, if ever, more than two masts, and the second mast was usually very small, and placed very far forward. The masts were, especially in smaller vessels, often made moveable, and might be stepped or unstepped at pleasure, whence the phrases — Malum aitollere s. erigere, and M. ponere s. inclinare. 4. Vela, the sails, called also, from the materials of which they were fabri- cated, Lintea or Carhasa. There was usually one very large square sail (^Acatium') on the mainmast, and above it was hoisted, in calm weather, a small topsail (Siipparum s. Suppara velorum.') ^ The sail attached to the foremast ( Velo prora suo) was also very small, and seems to have been termed Dolon or Artemon. * Pliny alludes to a mizen sail also, called Epidromos by Isidorus, but how it was rigged we know not — lam vero nee vela satis esse maiora navigiis, sed quamvis amplitudini antennarum singnlae arhores suffi- ciant, super eas tamen addi velorum alia vela, piraeterque alia in proris, et alia in puppibus pandi ac tot modis provocari mortem. ^ 5. Funes s. liudentes are words which comprehend the whole rigging, whether standing or running. The ropes specially named being the Pedes, that is, the ropes attaclied to the two lower corners of the square sail, what are now termed the sheets and tacks, the tack being sometimes called Propes, ^ to distinguish it from the Pes, or sheet proper — the Opisphorae, " or braces attached to the 1 The authorities for Ora in the sense of a cable or hawser, are Liv. XXII. 29. XXVIII. 36. Quiritil. IV. 2. 2 Virg. X.n. V. 170, and note of Servius. S Tsidor. XIX. ii. •.) * Lucil. ap. Non. s.v. Carchesia, p. 274. ad Gerl. Serv. ad Virg. iEn. V. 77. Apulei. Florid. IV. 22. « Iiil. Dupondiiis, = 2 AssES. Tripondius B. Tressis,... '=: 3 — Octussis, :^ 8 — Decussis, =10 — Vicessis, :=:20 — Centussis, =100 — • Of the numproua worlcB ■which have from time to time appeared in connection with these topics, the following are the most celebrated— Budaf.cb, 1)c Asm; 151G; Grondvius, Df I'erunia rrt'CiARio Fenoke ampUus exerceret ; but Livy seems (VII. IG.) to refer the introduction of this restriction to the Lex Duillia Maenia of B.C. 357, nearly a century later. The same historian records (VII. 27. comp. Tacit. I.e.) that in B.C. 347, the legal rate of interest was reduced one-half — semunciarium tantum ex unciario fenus factum; and again we find (TIL 42. B.C. 342.) — Invenio apud quosdam L. Genucizim, Trihunum plehis, tulisse ad populum ne fenerare liceret ; and Tacitus (I.e.) declares that a law to that effect was actually passed, ^ but if this was really the case, it must, from its very nature, have been absolutely power- less. Usnrae Centesimae. — Towards the close of the republic, we hear for the first time of Usurae Centesimae, which must signify Interest amounting to 100th part of the Capital, or 1 per cent. But this was probably introduced along with the Greek fashion of paying Interest monthly, so that Usurae Centesimae was 1 per cent, per month, or 12 per cent, per annum. Usurae Centesimae being 12 per cent., when a lower rate was charged the proportions were expressed by the divisions of the As. Thus Usurae Besses, U. Semisses, U. Trientes, U. Quadrantes, signify respectively, 8, 6, 4, and 3 per cent. On the other hand, when the security was bad, a higher rate was exacted, and we hear of Binue Centesimae, i.e. 24 per cent. ; Quaternae Centesimae, i.e 48 per cent. ; and when Horace uses the phrase Quinas Mc Capitimer cedes exsecat, he must mean Quinae Centesimae, i.e. 60 per cent. (Cic. in Verr. III. 70. ad Att. VI. 2. Hor. S. I. ii. 14.) 1 riis words are — Postremn vetita versura—vihere it must be observed that this is not the usual import of Versura, wliich is generally employed to express the conversion of the ori- ginal Capital into a new Capital by the addition of Interest due upon it, according to the principle of Compound Interest, otherwise termed Centesimae rennvntae or Anntociiimi*, Simple Interest being expressed by the phrase Centesimae perpetuae (Cic. ad Att V. 21. VI. CHAPTER XIV. PRIVATE LIFE OF THE ROMANS. I. Customs connected with pakticular Epochs of Life. Infancy. — As soon as a child was bora it was laid down at the feet of the father, who, if the babe was free from any serious deformity, and if he was prepared to acknowledge it (agnoscere) as his legitimate offspring, lifted it from the ground, (a terra levabat^) and thus declared that he was willing to rear it (alere) as his own. Hence the expressions Tollere s. Suscipere liberos signify to bring up or educate children. Infanticide, as we have seen above, was not prohibited by law, and, in the earlier ages of the state, was, probably, not uncommon. 1 Boys on the ninth, and girls on the eighth day after birth underwent a religious purification termed lustralio, and on this day, which was called Dies lustricus, the former received their Praenomen (novien accipiebant.) Boys, until they attained to manhood, and girls, until they were married, wore a Toga Praetexta, i.e. a cloak with a narrow scarlet border, and from the necks of boys was Suspended a hollow disk called Bulla, made of gold, silver, or, in the case of the poor, of leather, containing a charm or amulet against the fascination of the Evil Eye. The Toga Praetexta and the Bulla were both of Etruscan origin, (hence the latter is called Elruscum aurum by Juvenal,) and were at first confined to the ofispring of Patricians, but before the close of the republic were assumed by all Ligenui."^ Education. — Elementary schools (Ludus literarius — Ludi literarum) for both girls and boys, seem to have existed from a very early epoch, as may be seen from the story of Virginia, and these were originally situated in the imme- diate vicinity of the Forum. For several centuries the instruction communicated was confined to reading, writing, and arithmetic, but after a taste for Greek literatm-e had been formed, the Greek language was eagerly cultivated. Before the close of the republic, a familiar knowledge of that tongue was considered indispensable to every one in the upper ranks, and Quintilian recommends (I. 0. I i. 12) that a boy should study Greek before his mother tongue. In tiie age of Cicero, and for some centuries aftenvards, a complete course of education for youths consisted of, ai least, three parts, which followed each other in regular progression under diflerent masters. 1. Reading, Writing, and 1 Plaut. Amph. I. iii. 3. Trucul. II. 1j. 45. Terent. Andr. I. iii. 1). Heaut. IV. i. 15. Hoi. S. II. T. 45. Suet. Octav. 65. Ner. 5. Clc. Philipp. XIII. 10. de legg. III. 8. Senec. de Ira I. 15. de Benef. III. 13. 2 Macrob. S. L 6. 16. Liv. XXVI. 36. Cic. in Verr. L H. Philipp. II. 18. Propert. IV. L 131. Sueton. de clar. Ehet 1. Plut. Q. E. 101. Vit. Rom. 25. Isidor. XIX. jtxii. U 422 PBIVATE LIFE — EDUCATION. f Arithmetic, taught by the Liuli 3fagister s. Literator. 2. A critical knowledge of the Greek and Latin languages, taught by the Grammaticus s. Gramma- iistes. 3. Composition and Oratory, taught by the Rhetor Laiinus^ to which some added, 4. A course of Moral and Metaphysical Philosophy ; * to obtain the last in perfection it was not unusual to resort to Athens, or to some other famous foreign seat of learning, although numerous Greek Professors of these sciences were to be found at Rome. Persons of easy fortune had frequently domestic tutors called Paedagogi., answering in many respects to what we now term Nursery Governesses, who taught children the first rudiments of literature, and afterwards attended them to school, while men of great wealth sometimes hired distinguished Grammatistae, Rhetores, and Philosophic to superintend the training of their sons at home, and, as among ourselves, the comparative advantages of a public and a private education seem to have been a common subject of discussion.^ Holidays were given regularly on the Quinquatria and Saturnalia. The former festival was regarded as the commencement of the scholastic year, and at this time a gratuity termed Minerval, was presented by the pupil to his preceptor, but this was, apparently, distinct from the ordinary school fees.^ Mode of Teaching. — Ciiildren were tempted to learn their alphabet {elementa vclint ut discere prima) by encouraging them to play with pieces of ivory on which the different letters were marked, (eburneae literarum formae ;) they were taught to write upon waxen tablets, {tabulae ceratae — cerae,) on which a copy had been previously traced, {puerile praescriptum — praeformatae literae;) a knowledge of arithmetic was communicated through the medium of a calculating board (abacus) and counters, (calcidi,') while the memory was strengthened, and practice given in Writing and Orthography, by the master repeating aloud passages from some popular author, wiiich were taken down and committed to memory. Such lessons were termed Dictata. * The children of the rich were escorted to school not only by Paedagogi., but also by slaves called Capsarii, who carried in boxes {Capsae) the books, writing tables, bags with counters, (Loculi,) and other school utensils of their young masters. Kutraiicc upon ITlanliood. — When the education of a youth was com- pleted, and he was regarded as fit to enter upon the business of life, he threw off the Toga Praetexta and assumed a plain gown termed Toga Virilis a. 7'oga Pura s. Toga Liberior. This act, which was regarded as an important domestic ceremony, was usually performed on the Liberalia, in the presence of the relations and friends of the family, who afterwards attended the young man down to the Forum, (in Forum deducebant,) the formal introduction into public life being termed Tirocinium Fori. The event was always solemnised by holy rites, and, in the case of great personages, a public sacrifice was offered up in tlM.' Capitol. " The age at which the Toga Virilis was assumed is a matter of doubt. Some scholars li;ive named the completion of the fourteenth year, others of the fifteenth, idiiers of the sixteenth as the stated period, and all have been able to support 1 Dial, de C. C. E. 35. Suet, de cl. Rhet. 1. Aul. GelL XV. 11. AppuleL Florid. 20. IMut Q. R. S9. -' Plin. n N. XXXV. 14. Plut. Cat. Mai. 20. Quintil. I. O. I. ij. I. » Varro ll.R. III. 2. Hor. Epp. IL ii. 197. Ovid. Fast. III. 829. Juvenal S. VII. 228. X. IH. .Martial. V. 81. * Uuirilil.I. i. 2f. 27. viii. 5. V. xiv. 31. Sencc. Epp. 9i. Ilor. S. I. i. 2.^. vi. 7;?. Epp. IL I Wl. li. ■)■.'. Cic. do lenjr. II. 23. ad Q. F. III. I, .Suet, de 111. Gramm. Iti. de clar. Rhet. 1. 2. * Cic. a.f. F.im. V. K, XIII. 10. XV. G. Brut. b8. Suet. Octav. SiC. Tib. 15. 54. Calig. 10. tlfcud. 2. Ner. Z Val. Max. V. Iv. 4. PRIVATE LITE — MARRIAGE. 423 their opinions by examples and plausible arguments. In reality, it would appear that the time was never fixed by any invariable custom. In the earlier ages the completion of the seventeentli year was undoubtedly the ordinary agje, for the young man then became liable for military service, but in later times this period was generally anticipated, the decision depending entirely upon the wishes of the father (judicium patris.) We may, however, lay it down as a general rule, that the completion of the fourteenth and of the seventeenth years Avere the two extremes, and that Praetextati rarely threw off the badges of boyhood until upon the verge of their fifteenth birth-day, and rarely retained them after their sixteenth was passed.^ Marriage Ceremonies. — We have already (p. 249) fully discussed marriage from a legal point of view : it only remains for us to notice those customs and ceremonies, which may be regarded as of a strictly domestic character, and which were commonly practised at all marriages, whether Cum Conventione in Maman, or Sine Conventione. Betrothment. — ^Yhen a man had resolved to demand a woman in marriage, he commmiicated his wishes to her father or legal guardian, whose consent was indispensable, and if he found that this consent would not be refused, he then put the formal question Spondesne ? to which the appropriate reply was Spondeo. After this the parties were considered as fully engaged to each other, and were called respectively Sponsus and Sponsa. The ceremonial of the betrothment was termed Sponsalia, and was usually celebrated by a festival, and on this occasion the Sponsus frequently presented a ring, the Annidus proniihus, to his Sponsa, who offered him some gift in return,^ The proposal of man-iage and the negotiations connected with it, were named Conditio, and hence this word is used in the general sense of a matrimonial alliance, as in the phrase Conditionem filiae quaerendam esse (Liv. III. 45. ^) Hence, also, when one of the parties wished to break off the engagement, (sponsalia dissolvere,) this might be done verbally by making use of the formal words Conditione tua non utor, but when the announcement was made through a third person, the same expressions were employed as in the case of a divorce, viz., Repudium renuntiare s. remittere, or simply Nuntium mittere. * Marriage Day. — Popular prejudice forbade any matriage to be solemnized in May — Mense malas Maio nuhere vulgus ait (Ovid. Fast. V. 490.) — but we are quite ignorant of the origin of this superstition. The Kalends, Nones, and Ides of each month, and the day after the Kalends, Nones, and Ides, were also avoided, as well as those days on which sacrifices were offered to the spirits of the dead, and all Dies Atri. The period most propitious for the ceremony was probably decided by an Auspex, who was in attendance to avert the consequences of any evil omen. (See Cic. de Div. I. 16. pro Cluent. 5. 16. luv. S. X 336.) Dress of the Bride. — The Bride (Nova Nuptd) was attired in an under garment named Regilla or Tunica Recta, woven after a pecidiar fiishion, and was fastened round the waist by a woollen girdle (cingiilum factum ex lana ovis.) Her hair was divided into six locks, (senis crinibus nuhentes ornantur,) 1 When Nero assumed the Toga ririlis at the age of fourteen, Tacitus remarks, Virilit Toga Neroni Maturata, (Tacit. Ann. XII. 41. comp. Suet. Claud. 43.) On the other hand, Caius was not permitted by Tiberius to throw off his Toga Praetexta until he was twenty, (Suet. Cal. 10.) but this was the result of jealous despotism. 2 Plaut. Aul. II. ii. Trin. II. iv. 9K. Poen. V. iii. 36. Plin. H. N. XXXIIL 1. Juvenal. S. VL 25. Dion Cass. XLVIII. 44. LIX. 12. LXIIL 13. S See also Plaut. Aul. III. v. 2. Stich. L ii. 81. Nep. Att. 12. Suet. Galb. 5. 4 Digest. L xvi. 101. XXIII. i. 110. Plaut. Aul. IV. x. .i3. Terent. Phorm. IV. iii. 72. Buet Caes. 21. Octav. 62. Tacit Ann. XIL 3. Dion Cass. XLVI. 56. Plut. Cat. Min. 7. 424 PRIVATE LITE — MARRIAGE. which were parted with the point of an instrument called hasta coelibaris, either really a spear or some article of the toilet in the form of a spear, which was held on this occasion in a particular position, with the point turned back (comat virgineas iiasta recurva comas.) On her head was placed a yellow net, {Reticulum luteum,) and a veil of the same colom-, (Flammeum,) while her feet were covered with yellow shoes (^Socci lutei.) ' Nuptial Procession, &c. — The bride was invariably conducted (ducere s. deducere nuhcntem,) on the evening of the marriage day, from the home of her parents, to her new home, in a regular procession {Pompa niiptialis') formed by the friends and relations of both parties, attended by minstrels, who played upon the flute, ( Tihiciiies,) and chanted the nuptial song called Hymenaeus by the Greeks, and Thalassio by the Romans, which must not be confounded with the Epithalamium, which was sung at the door of the nuptial chamber after the bride had retired to rest. The lady was escorted by three boys, (who, when the rite was solemnised by Confarreatio, were necessarily Pueri j)atrimi et matrimi,) of whom two supported her, one on each side, while the third marched before bearing a blazing torch made of the white thorn ; {Spina alba ;) other torch-bearers were likewise included in the procession, and hence the words Faces, Taedae, Sec. cither with or without the epithets, Nuptiales, lugales, &c. are perpetually employed in reference to marriage. A fourth youth, called Camillus, was also in attendance, who carried an open basket (ciimerus) containing a distaff, a spindle, and other implements of housewife ioW (iiubentis utensilia.) When they reached the mansion of the bridegroom, the bride wreathed sacred fillets of white wool (vittae) round the door posts, and anointed the latter with oil or lard, (axungia,') — whence some derive the word Uxor — after which slie was carefully lifted over the thi-eshold, to avoid the possibility of an ill omened stumble.^ On entering the house, she was received by the hus- band, whom she addressed in the so- lemn words Ubi iu Cuius ego Caia, and was presented by him with fire and water, to indicate, probably, that all things essential to life were thencefor- ward to be shared by them in com- mon. ^ These ceremonies concluded, the company partook of the Coena Nuptialis, at the close of which nuts were scattered among the guests, and the bride was then escorted to her nuptial chamber ( thalamus nuptialis) by her Pronubae, who corresponded to our bride's-maids, but among the Romans were matrons who had not been married more than once. In the annexed cut, taken from the celebrated ' Kcst 8. vv. liegiUit, p. ?«fi. Rectne, p. 277. Senis crinihut, p. 339. Paul. DSac. s. tt. Cin. i;"l". p Ca Cnelihiiri himia. p C2. Flammeo. p. 89. Plin. H. N. Vlll. 18. XXI. 8. Catull. LXL 10. 107. Ovid. Fast. IT. bV.>. Juv. S. VL 'iSi. Plut. Q. R. 86. 2 Plaut. Aul. II. 1. 8^. Trin. V. ii. 64. Cas. IV. iii. 1. iv. 1. Catull. LXI. LXII. Propert. IV. Hi n. I'V-st. a V. fafrimi. p. 2t.'>. Paul. Diac. s.vv. Cumerv.t, p. ,^0. Cnmfrijjn, p. C3. Varro I. r.. VII. { ru. I'lut. aR 29. 31. 8I. Plin. H.N. VIII. 48 XVI. 18. XXVIII. 9. .luv. S. VL 79. ^27. I'lut. Roin. 1.^. Llv. L 4. Dionys II. 31). The number of torches carried in a nup- tial procession was always five, neither more nor less. PluU Ci.R. 2. MARKIAGE8— FUNERALS. 425 painting known as the Aldohrandini Marriage, we see tlie bride with the flammeum on her head, seated on a couch, probably the Lectus genialis, with a Pronuba by her side. ^ On the day after tlie marriage, the new mistress of the house entered upon her duties by offering sacrifice on the domestic altar, and in the afternoon an entertainment was given by the bridegroom, which was called Repotia. ^ The verb Nubere signifies properly to veil, and is therefore used exclusively with reference to the act of the woman in contracting a marriage, while on the other hand, Ducere, which denotes the ceremony of leading home the bride, is confined to the man ; thus we say Nuhere viro and Ducere uxorem, never Nubere uxori or Ducere virum; e.g. Nubere Paulla cupit nobis, ego ducere Paullam = Nolo : anus est : vellem si magis esset anus : and again, Nubere vis Prisco, non miror, Paulla, sapisti, = Ducere te non vult Priscus, et ille sapit (Martial IX. 6. X. 8.) Funeral Rites. — We shall describe the ceremonies observed in celebrating the obsequies (Exsequiae') of a man of rank and fortime ; but it must be under- stood that several of these would be omitted in the case of individuals belonging to the middle and humbler classes of society. As soon as life was extinct, those who surrounded the couch of the deceased raised a loud shout of woe, {^clamor suprcmus,) and hence conclamata corpora signify bodies in which no trace of life remains, as in the expressions — Concla- mata et desperata corpora — ecce iam ultimum dejletus atque conclamatus processerat mortuus — turn corpora nondum = Conclamata iacent — At vera domui tuae iam dejletus et conclamatus es. ' Notice of the death was imme- diately sent to the temple of Venus Libitina, where a register was kept and a fee paid, (^Auctumnusque gravis Libitinae quaestus acerbae, Hor. S. II. vi. 19.) and where undertakers, hence called Libitinarii, were constantly in attendance to provide all things necessary for interment. By one of these, a slave, called Pollinctor, was forthwith despatched, by whom the corpse was washed with hot water, anointed, dressed in the garb which it had worn on ceremonial occasions when alive, and laid out upon a couch {Lectus funebris) in the Atrium, with its feet towards the door. In performing these offices, the Pollinctor was said curare corpus ad sepidturam. A cypress tree or a pine was then placed before the house, partly as an emblem of death, partly to give warning to priests or others, who might have incurred pollution by entering incautiously. * Many funerals, especially those of a private or humble description, took place by night, and hence torches are frequently mentioned in connection with the rites of sepulture, as well as with those of marriage. Thus in one of the elegies of Propertius (IV. xi. 46.) the spirit of a wife boasts — Viximus insignes inter utramque facem, i.e. from the day of marriage until the hour of interment; and one of Ovid's heroines (Heroid. XXI. 173.) exclaims in her misery — Et face pro thalami fax mihi mortis adest. The procession was marshalled by a sort of master of ceremonies called Designator, who was aided by assistants ' Plut. Q.R. 1. 30. Cie. pro Muren. 12. Quintil. T.O. I. vii. 28. Paul. l>iMC. s.vv. Aqu-j, p. 2. Facem, p. 87. Ovid. Fast. IV. 792. Digest. XXIV. i. 66. Stat. Silv. I. ii. 1. seqq. 2 Macrob. S. I. 15. Festus s.v. Repotia, p. '^81. Porphyr. on Hor. S. II. ii. 60. 3 Quintil. Declam. VIII. 10. Amraian. Marcellin. XXX. 10. Ovid. Trist. IIL Hi. 43. Lucan. Phar. II. .'2. Apulei. Met. L 5. II. 38. 4 Plut. Q.R. 23. Dionys. IV. 15. Hor. S. II. vi. 19. Suet. Ner. 39. Plaut. .Asin. V. ii. 6a I>lgest. XIV. iii. 5. Liv. XXXIV. 7. XL. 19. luv. S. IIL 171. Plin. H.N. VIL 8. XVL id. fierv. ad Virg. Mn. III. Gt 426 FUNERALS. called Lictores, attired in mourning — dum ficus prima calorque ■= Designa- torcm decorat lictorihus atris (Hor. Epp. I. vii. 61.) First came the musicians, Tibicines, Cornicines, and Tuhicines ; then the Praejicae, hired female mourners, some of whom chanted dirges, {Naeniae,) while others shrieked aloud, beat their breasts, and tore their hair ; then dancers, dressed up like satyrs; then actors, (Mimi,) among whom was one termed the Archimimus, who mimicked the appearance, movements, and language of the dead man ; then the Imagines of illustrious ancestors in long array. ^ The body itself followed, extended upon the Lectus funebns^ which was spread upon a frame or bier called Feretrum or Cajmhis, and this was supported sometimes by the children or near kinsmen of the deceased, sometimes by those among his Liberti to whom freedom had been bequeathed by his will, and in the case of slaves, or of those among the poor who had no relatives, by bearers called Vespillones, furnished by the Lihidnarius, The bier was followed by all the flxmily, connec- tions, and friends, attired in black, (atrati,) the newly liberated freedmen wear- ing the pileus on their heads. ^ The lines of Persius (S. III. 103.) contain allusions to several of the points noticed above. Speaking of one who had died of gluttony — Hinc Tuba, Candelae, tandemque beatulus alto Compositus Lecto, crassisque lutatus amomis In portam rigidos calces extendit, at ilium ~ Hesterni capita induto subiere Quirites. The Pompa defiled into the foram, and, in the case of persons of distinction, halted beneath the Rostra, when some one of the relatives or admirers of the departed ascended the platform, and delivered a panegyrical harangue (Lau- datio funebris — Solemnis laudatio.) ^ This being concluded, the procession resumed its course, and proceeded to the place where the body was to be interred or burned ; and it was ordained by the Laws of the XII Tables that this place must, in either case, be outside of the city walls — Hominem in urbe ne sepelito neve urito. Inhumation was generally practised in the earlier ages ; but towards the close of the republic, and during the first four centuries of the empire, the body was, in the great majority of cases, con- sumed by fire, and the ashes consigned to the tomb in an um. The pile of wood raised for this purpose was termed Rogus orPyra; the place where it was erected, Ustrina ; and what remained after the flames were extinguished, Bustum, the latter word being frequently employed in a general sense, to denote a place of interment. The corpse having been placed on the Rogus, perfumes and various tokens of aflection were thrown upon it, and then the son or nearest relation, with averted face, applied a torch to the structure. When the whole was consumed, the glowing embers (favilla) were extinguished with wine, the charred bones were collected, sprinkled first with wine, then with milk, dried witli a linen cloth, mixed witii the most costly perfumes, and enclosed in an urn of earthenware, raarble, glass, or metal, which was deposited in one of the niches, (loculi,) arranged 1 Hor. Epod. VIII. 2. S. I. vi. 43. A.P. 431. Ovid. Amorr. II. \i. 6. Pers. S. III. 106 Noa s.v. Fraeficite. p. 47, ed. Gerl. s.v. Ne>iia, p. 99. Varro L.L. VII. § 70. Paul. Diac. 8. v. I'raeficae, p. '^2:1 Dioriys. VIII. li. .Suet Vesp. 19. Polyb. VL 53. Plin. H N. XXXV. 2. I'ropert. II. xiii. Vj. Dion Cass. LVI. 34. ■i Velleius L 11. Plut. Q.K. 14. .Scrv. ad Virp. jEn. VI. 222. The Lectica or Lectus funebrit must not be confounded with the fiandapihi, a covered coffin in which the humblest portion of the community were conveyed to the tomb, the Vilis Area of Horace, the Orciniana Sponda of .Martial. Mart. II. HI. VIII. 7.5. X. .\ llor. S. I. viii. 9. luv. .S. VIII. 175. Suet. Dom. 17. 3 Polyb. VI. :.3. Dionys IV. 40. V. 17. IX. 54. XL 39. Plut. Poplic. 9. CamilL 8. Liv. V. M. VIU. 40. Cic. Brut. IC. de Orat IL 11. 427 in regular rows in the interior of a family tomb, (^Sepulcrum,) which, from the appearance thus presented, was sometimes termed Colum- barium. ^ Annexed is a re- presentation of a place of sepul- ture of this description, as it now exists at Pompeii. Nine days after the inter- ment, a repast, called Coena Feralis, consisting of a few simple articles of food, was placed beside the tomb, and of this the Manes were sup- posed to partake. The solem- nities performed when this sacrifice or offering was pre- sented, were comprehended under the terms Novemdiale Sacrum, or Feriae NovemdiaUs. The Coena Feralis must not be confounded with the Coena Funeris, a banquet given in honour of the deceased, by his representative, at the family mansion ; and the Coena Funeris must be distinguished from the Silicernium, a repast taken beside the tomb. ^ When any great public character died, the whole community were requested to attend, and such a funeral was styled Funus Publicum, or, in consequence of the invitation being given by a public crier, Funus Indictivum. These were frequently accompanied by shows of gladiators and games (Ludi funebres) of all descriptions, and concluded by a magnificent banquet, (^Epulum funebre,) to which the most distinguished members of the community were asked, while a distribution of food ( Visceratio) was made to those of inferior grade. The most gorgeous ceremonies were usually lavished on the last rites of one who had held the office of Censor, and hence any fimeral conducted in the same manner waa called a Funus Censorium. ^ We need not feel surprised at the extreme importance attached to these obser- vances by the ancients, when we remember that a belief prevailed among almost all nations, that unless the body was decently committed to the earth, the spirit was unable to gain admission to its appointed abode, but wandered about in restless misery. The dead were regarded as lawfully entitled to a decent burial from the living, and hence the ordinary phrases which express the fulfilment of this obligation are lusta (s. debita) facere s. reddtre s. solvere. Any one who chanced to find an unburied corpse, although it wore that of a stranger, was held to be guilty of impiety if he did not perform the rites of sepulture in their most simple shape, by thrice casting a handful of earth upon the remains ; (Ilor. C. I. xxviii. 22. &c. ;) and if the body of any member of a family was known to be unburied in consequence of deatli by sliipwreck or from any other cause, then an empty tomb {Cenotaphiiim) was raised to his memory, and his heir 1 Cic. de \egs. II. 22. 23. Plin. H.N. VIL 54. Virg. Sin. VI. 216. scqq. Tibul). III. iu 9—30. Stat. 8ilv. V. i. 208—241. 2 Hor. Epod. XVII. 48. and Schol. Tuv. V. 84. Scrv. ad Virg. Mn. V. 61. Paul. Diac. B.v. Hesparsum vinum, p. 263, and the correspondinp passage in Festus, which is sadly mutilated. Pers. V. 33. Liv. VlIL 22. XXXIX. 46. Cic. pro Muren. 36. Non. s. v. SUictr- ntum, p. 33. ed. Gerl. » Varro L.L. V. § 160. Cic. de legg. II. 24. Tacit. Ann. IV. 15. XIII. 2. 428 FUNERALS— DmSIONS OF DAY AND NIGHT. was obliged to sacrifice each year a vactim termed Porca Praecidanea, to TeUiw and Ceres, in order to free himself and kinsmen from pollution. ^ But even after the ordinary funeral rites had been performed ■with all due honour, oblations, in this case called Inferiae, were, by many persons, regularly made at the tombs of parents and near relations by their surviving children and kindred, from feelings of affection, because such tributes were believed to be grateful to the Manes. Those who made offerings of this description were said Parentare ; and the period of the year chiefly set apart for this purpose was the festival of the Feralia in Februarj', (the month of purifications,) and hence the days during which these solemnities were continued were called Parentales Dies, and the gifts presented Parentalia. Parentare is used also in the general sense of propitiating the dead, without particular reference to relations. ^ The most important passages in the Latin Classics relating to the interment of the dead will be found collected in Kikchmakn, De funeribus Romanorum, first published at Hamburgh in 1605, and frequently reprinted. II. Customs connected with Every-day Life. Martial has an epigram in which he describes the ordinaiy mode of spending tlie day at Rome: — Prima salutantes atque altera continet horas, Exercet raucos tertia causidicos. In quintam varies extendit Roma labores, Sexta quies lassis, septima finis erit. Sufiicit in nonam nitidis octava palaestris, Imperat exstructos frangere nona tores. — IV. viii. The occupations here indicated are — 1. Paying and receiving visits. 2. Pro- fessional business. 3. The noontide Siesta. 4. Exercise. 5. The Repast. We shall say a few words upon each of these in succession, commencing with an explanation of the system according to which the day was divided into hours, and inserting some account of the Bath, which is not specifically noticed by Mar- tial, probably because he regarded it as inseparably connected with exercise. DiTisioiis of the Day and the Night. — In their computations of time, the Romans made use of the Natural Day and Natural Night, the former extending from Sunrise to Sunset, the latter from Sunset to Sunrise. Divisions of the Day. — The space from Sunrise to Sunset was supposed to be divided into twelve equal spaces, each of which was called Hora, but since this interval varies from day to day, it is manifest that the length of a Roman hour was never the same for two days consecutively, that it went on constantly increasing from the winter solstice, (iJrwma,) when it was shortest, until the summer solstice, {Solstitium,) when it was longest, and coincided in length with our own hours at two points only in the year, namely, at the Equinoxes. Sunrise was Solis Ortus ; Noon, Meridies ; Sunset, Solis Occasus; Mane was an indefinite word, denoting the early part of the day ; Tempus Ante- meridlanum compreliended the whole space from Sunrise to Noon, Tempus ] 'omeridianum fl-om Noon to Simset, Meridiei Inclinatio the turn of the day after Noon, Divisions of the Night. — The space from Sunset to Sunrise was divided into ' Varro up Non. B.v. I'rarndnncum, p. 111. ed Gerl. Paul. Diac. 8. v. Praecidanea, p. 223. MariuR Victor, p i!470. cd. I'utBch. comp. Oic. de le(.'B. II. 21. » Ovid. Fabt. IL M7. Cic. de legg. II. 21. pro Flacc. 38. Phllipp. I. 6. MEASUREMENT OF TIME. 429 four equal spaces called Vigiliae, severally distinguished as Prima . . . Secunda . . . Tertia . . . Quarta Vigilia, each Vigilia containing three Horae Noctis. As in the case of the hours of the day, the length of the Vigiliae constantly varied, they ■were longest in winter and shortest in summer, containing three of our hours at the Equinoxes only. In every-day life eight divisions of the night were adopted, which were, however, altogether indefinite. These, taken in order, were, 1. Vespera s. Crepusculum ; 2. Prima Fax s. Prima Lumina a. Primae Tenehrae; 3. Concubia Nox; 4. Intempesta Nox, corresponding to Midnight; 5. Mediae Noctis inclinatio; 6. Gallicinium; 7. Conticinium; 8. Diluculum} Modes of mcasnring Time. — The progress of the day and the night must, for a long period, have been guessed from observing the position of the sun and of the stars, for no contrivance for the measurement of time was luiown at Kome until the latter end of the fifth century. According to one account, tlie first sun-dial was brought from southern Italy, and placed in fi'ont of the temple of Quirinus, by L. Papirius Cursor, about B.C. 293 ; according to another account, the first sun-dial was brought by M. Valerius Messala, from Catania in Sicily, in B.C. 263, and fixed near the Rostra. Neither of these having been constructed for the latitude of Eome, the indications they afforded were necessarily incorrect and inconsistent with each other, but they were followed as guides for nearly a hundred years, until Q. Marcius Philippus (Consul, B.C. 169) set up a more accurate instrument In B.C. 159, P. Scipio Nasica, at that time Censor, introduced Clepsydrae,, which were contrivances resembling in principle our houi"-glasses, but in which water was employed instead of sand. These appear to have been extensively used, and it is manifest that whatever space of time they were constructed to measure, it must have been fixed like our own hours, and could not have varied like the Roman hours with the season of the year. Ingenious and complicated contrivances, which gave results similar to those afforded by modem clocks, were invented by Greek mechanicians, and were doubtless known to the Romans, but they were regarded merely as curiosities, and certainly never superseded the Solarium and the Clepsydra,, which, in courts of justice, were watched by an Accensus, who reported to the magistrates the hours as they passed, while in large private establishments a slave was kept for the pui-pose. The words which strictly denote sun-dials are Solaria and Sciaterica,, while Horaria and Horologia may indicate any instruments for measuring time ; Solarium, however, was used as equivalent to Clepsydra — Solarium vel descriptum vel ex aqua, (Cic. de N. D. II. 34. comp. Censorin. 23,) but Clepsydra was confined to water-clocks. ^ Salutatio. Sporiula. — In the early ages of the state, it was part of the duty of Clients to be assiduous in their attendance on their Patron, to escort him down to the Forum, and to swell his train upon all occasions of ceremony ; while on the other hand, the house of the Patron was always open to his Clients, who sought 1 Varro L. L. VI. § 4—8. § 89. Plin. H. N. VII. GO. XXXVL 10. Macrob. S. I. 3. Censorin. 23. 24. Isidor. V. xxxi. 5 — 14. 2 Varr. Plin. Censorin. IL cc. Vitruv. IX. 8. 9. Athenae. IV. 75. Pliny (Epp II. 11) speaks of the Clepsydra being used in courts of justice for measuring the time during which each pleader was allowed to speak — Dixi Iwris pcne qidnqne, nam dundecim Clepsi/rlris quns spatio- sissimas acceperam sunt additae qnatiwr, so that, if the reading be correct, these Clepaydrae must have measured about one-third of an hour. Observe, that tlie words quas spatiosissi- mas do not indicate, as Becker supposes, that there were different Clepsydrae, but simply. that he was allowed large measure, i.e. that some little time was allowed after the water had run out of the vessel, before it was filled again. 430 SALL'TATIO — SrORTULA. his advice and assistance in all cases of perplexity or danger (pp. 63, 64.) After political distinctions between Patrons and Clients were entirely at an end, the old names and the old feelings were still retained, the high-born noble still loved to be surrounded by a throng of obsequious followers, and multitudes were still to be found among the poorer citizens, especially libertini and their descendants, who were eager to attach themselves to the persons of the rich and powerful, and to repay, with coarse flattery, the protection and aid which they received. Towards tiie close of the republic, and under the empire, it became customary for those who, from their wealtli, connecticms, or high stations, possessed exten- sive influence, to hold daily regular levees, which were attended by many who simply desired to testify their respect and regard for the individual, ^ but by many more who hoped to benefit by his power and patronage, {salutatio meri- toria,} and in the case of Clients and dej)endents, such visits were regarded as an imperative duty (officmm.~) The regular hour of reception, as indicated by Martial, was sunrise, and hence the expressions Salutatio matutina — Officia autelucana — ingentcm foribim domus alia superbis = Mane Salutantum totis vomit aedihus undam (Virg. G. II. 461) — nor have the Satirists failed to present us with livel}' pictures of the crowds who rose in haste and hurried through the streets in the cold dark rainy mornings of winter, all in full dress, (iogati,} each alarmed lest his rival should be beforehand with him in rendering homage — soUicitus lie = Tota salutatrix iam turha peregerit orhem. (luv. S. V. 21.) During the republic, when even the most humble possessed a certain amount of political influence, it was usual for the great man to invite his retainers occa- sionally to his table. Under the empire, the luxurious habits imiversal among the rich, and tlic absence of any strong inducement to cultivate the favour of the poorer classes, caused this practice to fall in a great measure into disuse,^ but as a sort of compensation, all who were recognised as Clients of the house were entitled to receive occasionally, or daily, as the case miglit be, an allowance of cooked provisions. This gratuity being carried off in a basket provided for the purpose, was termed Sporlida, and these baskets or trays were sometimes fitted up with small stoves or braziers to keep the viands hot while transported to a distance. Nonne vides quanto celebretur Sportula fumo ? Centum convivae ; sequitur sua quemque culiua. — luv. S. III. 249. In process of time, many found it convenient to substitute a small sum in money for the allowance of provisions, and the amount thus bestowed seems to have been fixed at a hundred Quadrantcs^ tliat is, about a shilling sterling. It is clear from the words of Juvenal and IMartial, that, when they MTOte, the persons who applied for and received the Sportula were by no means exclusively the lowest and poorest of the community ; for wjiile the latter, in many cases, depended entirely upon the Sportula for the necessaries of life, many who had risen to high oflices did not disdain to calculate the profits arising from this source as a regular item in their income. Sed quum summus honor finite computat anno, Sportula quid referat, quantum ratiouibus addat ; Quid facicnt comitcs, quibus liinc toga, calcens Line est, Et panis fumusque donii ? — luv. S. 1. 117. 1 8co Cic. ad Fam. IX. 20. ad. Alt. I. 18. Bcncc. Ep. XXIX. comp. de BeTief. VI. 3^. S If a poor clioht by any chance was Iionouriii with an invitation to )jl8 patron's board, he was Bubjcctod to all iiiaiinor ut' slights and insults. See the whole of the 5th Satire of Juvenal and comp. I'liu. Kpp. II. (!. SPORTULA — BUSINESS. 431 We learn also, that in each great house a regular list was kept of persons entitled to the Spoi-tula, who might bo either males or females, and that, to prevent imposture, all were required to make their claim in person. An amusing description will be found in Juvenal of the tricks resorted to in order to evade this regulation. As to the time of doling out the Sportula, our two great authorities in this matter, Juvenal and Martial, are at variance, the former (S. I. 128) represents it as the first act of the day, the latter leads us to believe that the distribution took place immediately before the evening meal (X. 70.) We may conclude from Seneca, compared with Juvenal and Martial, that, even during the first century, the turba mane salutantum was divided into three classes — 1. Tiiose who were the friends and equals of him who held the levee, and who visited him from courtesy only — such had the first entre'e (^Primae Admissiones.) 2. Those who, although desnous to solicit interest and favours, occupied a respectable position — such had the Secundae Admissiones. 3. The throng of needy retainers, who were not admitted to the presence at all, but received their Sportula at the door (primo limine.}^ Professional Business. — The first and second hours of the day having been consumed by visits of ceremony, the third, fourth, and fifth, according to the arrangements described above, were devoted to various toils, the tliird especially calling forth the energies of the judicial pleader. The space set apart for the active occupations of life appears, at first sight, altogether inadequate, but it must be remembered that the ideas entertained by the countrymen of Martial with reference to what we call Professional Business, were altogether different from our own. During the earlier ages of the republic, the time of a citizen was divided between war and agi-iculture, the latter was regarded as the only pursuit by which gain could be honourably acquired, and the Romans, at all periods of their history, were enthusiastic lovers, in theory at least, of the country and the labours of the farmer. In process of time, as the intercourse with distant coun- tries became more frequent, the merchants (iVe^ro^tatores) engaged in foreign trade commanded a certain degree of respect in consequence of their wealth, but a great number of these resided abroad, while the rest were constantly moving from place to place, so that they never exercised much pohtical influence, and, therefore, never occupied a high position in the community. The members of Ordo Eqnester indeed, which, from the time of the Gracchi, was composed of the class of monied men, (p. 74,) invested their funds in the joint-stock com- panies (societates) which farmed the public revenues, (p. 238,) but they merely fiirnished the capital required to conduct these enterprises, the whole burden of the practical details being in the hands of subordinate agents and managers. We have seen in former chapters (pp. 312,379,) how the Army and the Bar even- tually became Professions^ in the modern acceptation of the term, but the num- ber of professions open to persons in the upper rariks of life was not increased for centuries, the practice of all the other liberal arts and sciences, by which fortunes could he realised, being for the most part in the hands of Greeks. If the merchant on a large scale was treated with a certain degree of consider- ation, the retail dealer {Institor) and the artizan ( Opifex) were at all times regarded with contempt, and this feeling became so strong, as the dignity of 1 On the Satutatio in general, see luv. III. !2G. V. 19. 76. Scnec. Ep. LXVIII. de Benef. VI. .34. de Brev. vit. 14. Plin. Epp. III. 12. Martial. IV. 8. IX. 100. X. 10. XII 26. On the Sportula, see luv. S. I. 95 seqq. 117. seqq. III. 249. Martial. I. 60. III. 7. 14. 46. IV. 25. OS. VII. 39. VIIL 42. 50. IX. 86. 101. X. 27. 28. 70 74. 75. comp. Suet. Ner. 16. Dom. 7. 432 EXERCISE. Eome rose high, tliat wc have reason to believe that, towards the close of the commonwealth, the great majority of tliose who followed such callings were slaves or Ubertini, and the absence of all means of earning an honest livelihood with credit, may, in some degree, account for the excessive venaUty which pre- vailed among the lower class of citizens. The same dislike to industry pre- vailed imder the empire, and a large number of the freeborn citizens passed their lives in absolute idleness, depending upon the pittance yielded by the Spoi-tula, (p. 430,) and on tlie gratuitous distributions of grain and other largesses pro- ceeding from tlie liberality or the policy of successive princes. If, however, their poverty was abject, then- deskes were moderate, they demanded nothmg but bread, and the public shows Qui dabat dim Imperium, Fasces, Legiones, omnia, nunc se Coutinet, atque duas tantum res anxius optat Panem ex Circenses. The Siesta. — This requires no illustration. The practice of retuing to rest during the hottest portion of the day still prevails in Southern Italy, as well as in Spain and in tropical countries. Exercises. — Exercitationes. — The martial character of the Romans led them to cultivate with enthusiasm all kinds of manly and athletic sports. From t!ie very commencement of the republic, the Campus Martins was specially set apart as the public exercising ground, and here the youth were accustomed to assemble each day, in order to acquu-e, by practice, skill in the use of warlike weapons, and to gain power and agility of limb by severe and assiduous training. Here they found ample scope for horsemanship, for launching the javelin, for hurling the quoit, for pugilistic encounters, for running, leaping, wrestling, swimming, and similar gymnastic feats, among which trundling a hoop {Trochus) was included.-' In order to increase the violence of the exer- tion, some ran or leaped, swinging in their hands heavy weights called Halteres, answering the purpose of modern dumb-bells;^ while others, instead of fencing with their comrades, armed themselves with large wicker shields, twice as heavy as the legionary Scutum, and witl) clubs twice as heavy as the legionary sword, and thus equipped, levelled a series of blows against a tall post Qmlus s. stipes) set up as an antagonist.^ But in addition to the Exercitationes campestres equorum et armorzim, in which none but the young and vigorous could engage, other amusements were pursued with great eagerness, wliich demanded dexterity rather than pliysical strength, and from which, therefore, persons advanced in years were not excluded. Chief among these were various games at ball, {ludere pila,) to which we find very many allusions in the writers of the empu-e. It appears that there were three kinds of balls, differing from each other in size and materials — 1. Pila, which is the general name for any ball, but wliich, when used in a restricted sense, denotes the ordinary small hand-ball. 2. Pila Paganica, larger than the common Pila, and stuffed with feathers. Ill 'ir 7"^*"' ^'"^^""^o, hatta, discn, put^ifhhi, pVa, = SaUendo, sese exercebant (Plaut. Racch. HI. ill. 24.) Sunt mix celeresque jiiliii', tnruhimr/He, trochique ^^Artuaqne, el in gyros ire roactiu rqutu (Ovid. A. A. III. 383.) — t.w/j I'l/ui man: est, levibus nunc ludilur arinis = Nunc pila, nunc cfleri rohitur arte truchus (Trist. Ill xii. lil.) 2 .Martial. VJ I. C7. XIV. 19. .Stnec. Ki)p. XV. LVL The atliletes who used these were termini HalteriUaf. i Vcget. L 11. Inv. 8. VI. 247. Martial. VII. 32. EXERCISE — BATUS. 438 3. Follis 8. Folliculus, larger than either of the two others, inflated with air like oar foot-ball, but struck with the hand.* To these some would add the Trigon or Pila Trigonalis and the Harpastum, but these were not the names of balls, but of particular games played with the common Pila. Thus Horace, when speaking of the former (S. I. vi. 126.) — Ast ubi me fessum sol acrior ire lavatum Admoniiit, fugio Campum Lusumque Trigonem. Various expressions occur with regard to the manner of playing, which we can explain by conjecture only. Thus Ludere datatim seems to indicate the throwing and catching of the ball by the players in turn, and to this mode belong the phrases Dare s. Mittere Pilam, and Accipere s. Excipere Pilam, ^ and then Reddere s. Remittere Pilam. Again, Ludere expulsim must imply striking the ball away by a sharp blow, while the player opposite struck it back in like fashion ; to the former operation we apply the phrase Expulsare Pilam; to the \aiiQv P<,epercutere s. Geminare Pilam, while Revocare Pilam means to catch it up just as it was on the point of falling to the ground. ^ In the Trigon or Pila Trigonalis, the players stood, as the name denotes, so as to form a triangle. The ball was either tlirown or struck from one to another, and when the performers were skilful, the left hand only was employed. * In the Harpastum, to which the phrase Ludere raptim belongs, there was a struggle for the ball among the players, who endeavoured to snatch it from each other, but we are quite ignorant of the details. * Since exercise of some sort was considered as a necessary preliminary to the daily bath, just as the bath was considered a necessary preliminary to the evening meal, spacious courts for athletic sports, designated by the Greek words Gymnasia and Palaestrae, were always attached to the Thermae or great bathing establishments, and a Sphaeristerium or Ball-room was not unfrequently to be found even in private mansions. (Plin. Epp. Y. 6.) Baths. — In a climate so hot as that of Italy, the comfort and salubrity of fi-equent ablutions must have been felt and acknowledged by even the rudest tribes, but we are assured that in the earlier ages of the republic the Eomans were not wont to purify themselves thoroughly more frequently than once a-week • — nundinis toti lavabantur (Senec. Ep. 86.) Towards the close of tlie republic, however, and under the empire, the daily bath became a necessary of life, and an indispensable preliminary to the evening meal, and the magniificent piles erected for the convenience of the public by the liberality or ostentation of princes and private individuals, placed the luxurious indulgence of this habit within the reach of the humblest classes in the community, the ordmary charge being a Quadrans only — about half-a-farthing of our money. No subject connected with antiquarian research ought to admit of more complete illustration than that of which we now treat. We have the scientific descriptions of professed architects, extensive ruins in Rome and in various provinces minutely described by local antiquaries, a complete establishment Martial. VII. 32. XIV. 45. 47. The exercise of the Follis was particularly gentle. Ite prncul invenes, mitii mihi conrenit aetas.^='Foi.\.v. decel pueros ludere, foli.r senes, 2 Plaut. Curcul. II. ill. 17. Non. 8. v. Datatim p. C7. ed. Gerl. Senec de Benef. II. 17. Manil. V. 1G5. 8 Martial. XIV. 46. Senec. 1. c. Saleius Pancpr. in Pison. 173. 4 Hor. S. I. vi. V25. Martial. VII. 72. XII. 83. XIV. 4G. < Martial. IV. 19. VIL 07. XIV. 48. Non. s.v. Datatim, p. 67. ed. GerL 2f 434 BATHS, disclosed by the excavations at Pompeii, and numerous allusions in writers upon all subjects. But, perhaps, nothing has contributed more effectually to dispel doubt and correct misapprehension, than a pictorial representation found upon a wall in one of the rooms of the Thermae of Titus, in which tue interior of a public batli is opened up to view, and the names of the different apartments painted in legible characters upon each.^ See the sketch in the next page. In what follows, we do not propose to give a detailed account of the gorgeous structures of the empire — the lavacra in modum provmciarum exstructa^^i, they are termed by Ammianus (XVI. 10.) — such as those reared by Caracalla and Diocletian, which contained witliin tlieir vast compass gardens, colonnades, halls, saloons, libraries, courts for all varieties of athletic sports, every thing which could minister to the comfort or amusement oi visitors of all ranks and tastes, — ■ but to confine ourselves to a description of those parts which were essential in a complete Bathing establishment, in which a bath might be taken in three ways : 1. Cold Water. 2. Hot Water. 3. Hot Air. This being premised, we shall consider the different rooms in succession. 1. Frigidarium s. Cella Frigidaria^ an apartment not warmed artificially. Visitors entered this first, and here probably those undressed who intended to take the cold bath. Accordingly, at Pompeii we find opening out of it on one side a — 2. Natatio s. Natatorium s. Piscina s. Bapiisterium. The cold plunge bath, which was generally large enough to allow those who entered it to swim about; the Natatorium in the Thermae of Diocletian was 200 feet long and 100 feet broad. Beyond the Frigidarium, that is farther removed from the outer door, was 3. Tepidarium, a room heated artificially, but not to a very high tempera- ture. Here the great body of the batliers left then* clothes under the charge of slaves called Capsarii, by whom they were deposited in boxes or cupboards kept for the purpose. The apartment, from this cu'cumstance, was sometimes called Apodijterium. Beyond the Tepidarium was the 4. Caldarium s. Sudatorium s. Concamerata Sudatio, under the pavement of which were formed a number of flues, {Suspensurae Caldariorum,^ through whicli circulated the hot air and flames of the furnace (Hypocaustum.) In one comer was placed a cylindrical hollow pillar called Laconicum, communicating directly with the flues, closed at top by a disk of metal {Cbjpeus aeneiis.) When this was raised, the heated air and even the flames could be admitted directly into the chamber, and thus the temperatm-e elevated to any height. Around the walls were benches rising one above another, on which the bathers sat until tliey burst out into a profuse perspiration, after which they Mere scraped with a bronze instrument called a Strigil, thin and flexible like a hoop, by which all impurities were removed from the skin, they were then shanipoocd, rubbed do^'n with towels, (Lintea,) and their bodies anointed with oil by an attendant called Aliptes, after which they returned to the Tepidarium, where they attired them- selves, and cooled gradually before returning to the open air. Some persons, iiowever, in addition to, or as a substitute for, the vapour bath, took the hot water bath, in which case they proceeded into the room which w.as called 5. Balneum, (in a restricted sense,) and here they might bathe in hot water ,,' ■I'^e especially Vitruv. V. 10. Pallad. 1.40. Senec. Epp. LI. LVT. I.XXXVI. Plin. Epp. 11 '■ .IX- '■ **■ '• ^- ^''irtial. VI. 4y. For speculations on the Thennne of Titus, Cara. caiia, and Diocletian, see the works of Udnse.v and Cani.na ; for an account of the baths lU i-ompeil, the works of Cell and of Mazois, and the Mweo borbunico. BATHS. 435 m two ways, either standing in a large tub called Labrum, in which case, pro- bably, the hot water was tin-own over them, or immersing themselves in a tank of hot water called Alveus, sunk below the level of the floor. The Balneum represented below is heated with flues like the Caldarium, so that those who entered it would enjoy at once a hot water bath and a hot vapour bath, the vapour here being moist, while in the Caldarium it would be dry. The Labrum and Alveits were supplied from a connected series of three vessels, the water entered cold from the cistern into the first, passed from thence into the second, which stood lower and received a certain degree of warmth from the furnace, and attained to the required heat in the third, which stood lowest. These three vessels bore respectively the same names as the chambers to which they corresponded in temperature, being styled Frigidarium, Tepidarium^ and Caldarium. We have described the arrangements exactly as they are represented in the subjoined sketch, and we shall perceive that in this there is still another apart- ment, the Elaiothesium, in which the various perfumed oils employed in anoint- ing are seen ranged on shelves, like the bottles in an apothecary's shop. According to the extent of the structure, the number of distinct apaitmeiits was increased or diminished. In some, the visitors undressed and were anointed in the Tepidarium ; in others, there were an Avodyterivm and an Ujictorium distinct from the Tepidarium. In the Baths at Pompeii, the Alveus and the Labrum were placed in the Caldarium. Again, the mode of bathing differed according to individual taste. Some persons took the cold bath alone ; some, after taking the hot air bath, or the hot water bath, or both, cooled themselves in the Tepidarium ; some, on leaving the hot chambers, plunged at once into the cold Piscina, just as the Russians, after enduruag for a time the intense heat of their vapour baths, roll themselves in the snow. We have seen Balneum applied in a restricted sense, to signify the hot water bath ; but Balinea, Balnea, Balineae, Balneae, are used ia a general sense to denote baths of any description, either those in a private mansion, or those open for the accommodation of the public. These words, however, are usually confined to establishments upon a moderate scale appropriated to bathing exclusively, while the foreign term Thermae was applied to the immense edifices alluded to above, 4.*5T "f'r? ^"' "^^'-^ netms to denote rearing a child until it is able to feed itself. See also riaut Curcul. I. i. 7vf. where ieninculnm is an oft'ering to the gods, and comp. ApuleL Met. IX. IW. I-or the verb ifjittfrc, see Non. 8. V. p. SG. Suet. Vitell. 7. Martial. VIIL 67. FOOD — WIXES. 437 Commissatio properly signifies a drinking party after the Coena, and implies noisy revelry.^ Besides these, we hear of the Merenda^"^ which is sometimes used as synonymous M'ith Prandium, but appears to have been, strictly speakin"-, a luncheon interposed between the Prandiuni and the Coena. Food. — The national dish of the ancient Komans was a sort of pomdo-e or hasty- pudding made of Farina, that is, the flour of Far, a coarse species of wheat, the Triticum Spelta of Botanists, which is said to have been cultivated in Italy before any other kind of grain, and was, therefore, invested with a sort of sacred character, and used exclusively in religious ceremonies. This porridge was called Puis, and, along with vegetables, (olera,) fruits, fresh and dried, and dairy produce, constituted, in the primitive ages, the principal article of diet for aU classes in the community ; any thing savoury eaten along witli Puis, in order to give it a relish, being termed Pulmentum or Pulmentarium? Ani- mal food was little used except on holidays, when the smoked flitcn of bacon afforded a treat, or, after a sacrifice, when those who had assisted at tlie rite partook of the flesh of the victim — Accedente nova si quam dahat Jiostia came (Juv. S. XI. 82.) The trade of a Baker was unknown at Eome until the time of the war agauist Perseus, (B.C. 172,) but the bread for each family was made by the female slaves. The word Pistores, which eventually signified lakers, originally denoted Millers, properly those qui far pinsehant, i.e. who separated from the far the husk which adheres to it with great tenacity, an operation which necessarily preceded the grinding of the corn into flour. For a long period, also, Cooks did not form pait of an ordinary establishment, but were hired in upon great occasions, the statement of Pliny upon this point — Nee Cocos vero hahebant in servitiis, eosqite ex macello conducehant — being fully confirmed by Plautus, and since it would be part of the duty of such an artist to prepare the bread and cakes necessary for the entertainment, we can understand how it should be said that in ancient times the baker and the cook were the same — Cocum et Pistorem apud antiqiios eumdem fuisse accepimus.* In later times, in so far as the wealtliy were concerned, earth, air, and water were ransacked to furnish forth their banquets, on which enormous sums were lavished ^ — Interea gustus elementa per omnia quaerunt = Nunquam animo pretiis ohstan- tibus, (luv. S. XI. 14,) and which were frequently characterised by the coarsest and most revolting gluttony — Vomunt ut edant, edunt ut vornant (Senec. ad Helv. 9.) It would be out of place were we to enumerate here all the beasts, birds, fishes, and other dainties under which then: tables groaned, since we could do little more than give a mere catalogue of names, but we shall say a few words upon the subject of wines, and explain the arrangements of a formal Coena, that being the meal to which guests were usually invited. Wines. — We do not profess in the present work to treat of the industrial arts practised by the Romans, and therefore cannot enter into details witii regard to agriculture and the topics allied to it ; but the allusions in the classics to the 1 Liv. I. 57. XL. 7. 9. 13. Cic. pro Coel. 15. Suet. Tit. 7. Domit. 21. Senec. ad Helv. 10. de Benef. VI. 32. 2 Plaut. Mostell. IV. ii. 50. Non. s. v. Merenda, p. 19, ed Gerl. Paul. Diae. s. v. Merendam, p. 123. Isidor. XX. ii. li. iii. 3. Calpurn. Eel. V. 60. 3 Varro L.L. V. § 105. 108. Plin. H. N. XVJII. 8. Val. Max. II. v. 5. Pers. S. VI. 140. luv. S. XI. 58. XIV. 170. Charis. p. 50. ed. Putscli. Cato R. R. 58. Plaut. Mil. Glor. II. iii. 78. Pseud. I. ii. 81. Hence Plautus makes a foreigner call an Italian workman, I'tilli- p/iagus opifer b(trbanis, (MosteU. III. ii. 141.) and Per.sius, when depicting tlie death of a glutton — Uncia raduttt Inxis tunc Fiilineiitaria labiix (S. 111. 102.) 4 Plin. H. N. XVIII. 11. Plaut. Aul. IL iv. 1. Pseud. IIL ii. 1. Paul. Diac. s. v. Cocum, p. 58. 5 See Senec. Consol. ad. Helv. 9. C. Caesar . . . US. centies coemivil uno die. 438 WLNES. various processes connected with making and preserving wine are so nnmerons, that -n-e must briefly ilkistrate them. ^ When the season of the vintage {Vin- deviia) had arrived, the grapes were gathered in baskets (Corhes — Piscinae) and conveyed to an apartment or shed called Calcatorium or Torcularium, where they were thrown into a large receptacle which formed part of the wine- press, (Prelum — Torcidar,) and beneath this was a cistern [Lacus Torcularius.) The juice which drained from the clusters in consequence of their bearing upon each other, called Protropum, (Plin. H.N. XIV. 9,) was collected and set apart, the grapes were then gently trodden by the naked feet, {Calcare, and hence Calcatamque tenet hellis Socialibus uvam, luv. S. V. 31,) and the juice thus obtained, called Mustum lixivium^ (Columell. XII. 41,) was also set apart ; the grapes were now fully trodden, and the force of the press being moderately applied, they yielded nearly the whole of their juice, which was called Miistum pressum, or more frequently simply Mustum. Lastly, water was thrown among the stalks and husks, and the full power of the press called into action, the liquid thus obtained being called Mustum torlivuni. (Columell. XII. 36.) These four products were kept separate from each other. The first two were usually pre- served in their sweet state; the third was fermented for wine; {Viniim •) the fourth was also fermented, and the result was a thin acid beverage known as Lora (Plin. XIV. 10.) The process of fermentation was allowed to commence in the Lacus, the liquor was then conveyed to the Cella Vinaria, a cool apartment, the floor of which was usually sunk below the surface of the ground, and here it was poured into large earthenware vats (Dolia — Cupae — Seriae) carefully coated in their interior with pitch, (Dolia picata,) and in these the fermentation was completed. The inferior qualities intended for immediate consumption underwent no farther preparation, but the contents were drawn off as required, and hence the expres- sions Vinum Doliare s. Vinum dc Cupa, i.e. Draught- Wine (Digest. XVIII. vi. 1. Cic. in Pison, 27.) The more choice and full bodied kinds were mixed with a number of substances, which were believed to heighten their flavour and to make them keep better. Such were, sweet grape juice (Mustum) boiled down to a sort of jelly, decoctions of various spices, drugs, and aromatic herbs, to which were frequently added pitch, rosin, turpentine, and sea water. The mixture was then racked off {Diffundere, hence Ipse capillato diffusum conside potat, luv. S. V. 30. comp. Hor. Epp. I. v. 4. and Ovid. Fast. V. 517,) from the Dolium into jars called Amphorae, Cadi, or Lagenae, on which were stamped or painted tiie names of the Consuls for the cuiTcnt year ( Titulus luv. S. V. 33, ) — thus mark- ing the date of the vintage. The mouths of these vessels were then closed with plugs of wood or cork [Cortex) carefully plastered over with pitch, clay, or gypsum, so as to exclude the air. They were then conveyed to a repository (Apotheca — Horreum) in the upper part of the dwelling house, frequently con- structed so as to communicate directly with the chimneys, the heat and smoke bemg supposed to accelerate the ripening of the wine, and in this case the apart- ment was called Fumarium. A single stanza in one of the Odes of Horace (III. viii. 19,) comprises references to many of the particulars now enumerated : • The teehniealities concerninR the making and compounding of wines will be found scat- , tered over the works of the Scriptures de lie Hustfca, Cato, Varro, ond Columella; in the i (Vjlk-ction entitled Geoprmira ; and in the llisturia Nttluralis of Fliny, especially XIV. fi. seqq. J Much curiouR and iateresling iufonuation is contained in Uesderbos'b History of Ancient and Modern Winet. wrsES. 43.<) Hie dies anno redeunte festns, Corticem adstrictum pice demovebit Amphorae fumum bibere institutae Consule Tullo. Comp. Ill, xxi. 1. 7. xxviii. 7. The annexed cut, taken from the sign of a wine shop in Pompeii, represents the ordinary shape of the Amphorae, the mode of transporting them from place to place, and the position in which they were stored in the cellars, either imbedded in the ground or leaning against the walls. Observe that Mustum is strictly the sweet juice of the grape before it had midergone any chemical change, although this word is sometimes used loosely for wine, as when Martial (I. 19,) speaks of — In Vaticanis condila vmsta cadis ; after fermentation it became Vinum; if the fermentation was pushed too far, or if the wine was kept too long, it was changed into Acetum; the vinegar itself in process of time underwent decomposition and was transformed into an insipid use- less liquor to which the name Vappa was given. Hence the latter term is sometimes employed to denote wine of the most miserable quality, (Hor. S. II. iii. 144,) and sometimes, figuratively, a fool or a good-for-nothing repro- bate (Hor. S. I. 1. 103. Pers. S. V. 77.) Mustum was preserved from fermentation by boiling, and was distinguished by different names according to the degree of inspissation. When boiled down to two-thirds of its original bulk, it became Carenuvi, to one-half Defrutum, to one-thii'd Sapa, and these jellies were used for a great number of domestic purposes. The ripe grapes, instead of being conveyed at once to the press, were in some cases exposed to the rays of the sim until partially dried, and from these, sweet wines, called Vinuvi Diachyium and Vimim Passum, were manufactured. In consequence of the numerous heterogeneous substances mixed with the newly made wine when transferred to the Amphora, it was always necessary to filter it {Defaecare — Liquare — Colare — Saccare) before it was used, and this was effected by passing it either through a woollen bag {Succus vinarins) or a metal strainer perforated with small holes, ( Colum vinarium,) and in order to cool it by the same operation, it became common to fill the Saccus or Colum with snow. Hence we find two epigrams of IMartial (XIV. 103. 104,) with the Lemmata, Colum Nivarium and Saccus Nivarius. On the other hand, wine mixed with hot water was a favourite beverage, (Martial. I. 12. YIII. 68,) and a very ingenious vessel, constracted upon the principle of a modem tea-urn, has been found at Pompeii, intended, it is believed, to keep the water or the mixture hot at table. The Thermopolia mentioned by Plautus ' were unquestionably taverns where hot mulled wine was sold ; but it may be doubted whether the words of the dramatist apply to Roman usages. 1 Curcul. II. iii. 13 Rud. II vi 45 Trin. IV. iii. 6. 440 TEICLDflUM. Mulmm was a term applied to two different combinations ; 1. To a mixture of honey with the finest Mustum taken fresh from the Lacus (Columell. XIII. 41.) 2. To a mixture of honey and wine — Mubumex vetere vino utilissimutu (fiin. H.N. XXII. 4.) Tiie finest Italian wines were all the growth of Campania, and of these the Caecuhum from tlie poplar swamps of Amyclae, anciently held the first place, but before the time of Pliny it had been superseded by the Setinum. The Fakrmnn and the Massicmn, from the southern slopes of the hills which divide Campania from Latium, held the next rank ; the vineyards of Vesuvius were also very celebrated, and the Calenmn, the Surrentinum, and the Fundanum, all enjoyed high reputation. Of those not Campanian, the Alhanum stood first, {Albani veteris pretiosa senectus,) and among the poorest were the Sahimim, the Vatlcamim, and the Veientanum. Greek wines also were imported to a considerable extent, the most esteemed being the Thasium, the Ckium, the Lesiium, the Cyprium, and the Clazome- iiium. Tricliniam. — In early times, the whole family eat together in the Atrium, or public room ; but when mansions were built upon a large scale, one or more spacious banqueting halls commonly formed pait of the plan, such apartments being classed under the general title of Triclinia. The M'ord Triclinium^ how- ever, in its strict signification, denotes not the apartment, but a set of low divans or couches grouped round a table ; these couches, according to the usual arrange- ment, being three in number, and arranged as represented in the annexed figure. A, B, C, are the three couches (Lecti — Lecti Tri- clijiiares,) the space, M, was occupied by the table, (Hfensa,) and the side, Z, left open for the attendants to put down and remove the dishes. Each couch was calculated to hold three persons, although four might be squeezed in, and since it was expected that each couch would have at least one occu- pant, the saying arose, that tlie company at a Coena shoukl not exceed the number of the Muses, nor fall short of the number of the Graces. Men always reclined at table (and thus Accumbere s. Discumhere Mensae was the established phrase) resting on the left elbow, their bodies slightly elevated by cushions, (pukini,) and their limbs stretched out at full length. Thus the individual who lay at 1 on the couch A had his limbs extended behind the body of the individual who lay at 2, tlie head of the latter being opposite to. the breast of the former. In like manner the limbs of A 2, extended behind the body of A 3, whose head was opposite to the breast of A 2, and so for the two other couches. The coucli A was termed Sumvius (Lectus) — B, Medius (Lectus) — C, /thus, (Lcctus,) and the three places, 1, 2, 3, on each couch and the individuals who occupied them were in like manner tenned respectively Summus, Mcdbis, Imus. Hence the person who occupied A 1 was said Discumhere Siuiaiius in Summo, or simply fJiscuvihere Summus — A 2, D. Medius in Snmmo — A 3, D. Imus in Summo — B 1, Summus in Medio — C 2, Medius in Imo, and i-o for the rest. The couch A was considered the most honour- able, B the second, C the lowest ; and the numbers 1, 2, 3, indicate the precedence 1 2 3 M 3 2 1 1 2 3 B TKICLINIUM — COENA. 441 of the different places on each couch. To the order thus described there was one exception, the most honourable place at the whole table was B 3, the Imus in Medio, and as this was always assigned to the Consul when he was among the guests, it was named Locus Consularis. The master of the house, in order that he might be as near as possible to the great man, usually occupied C 1, that is, he was Summus in Imo. When the relative position of two individuals upon the same couch was described, the one who occupied the more honourable position was said Discumhere superior, or D. supra alterum, the other Discumhere inferior, or D. infra alterum. If we apply what has been said above to the well-known description of the Coena Nasidieni, given by Horace, (S. II. viii.) we shall see that the different personages mentioned were arranged as follows: — A 1, Horace; A 2, Viscus Thurinus ; A 3, Varius; B 1 and 2, Vibidius and Servilius Balatro, the two Unibrae, i.e. uninvited guests whom lilaecenas had brought along with him ; B 3, Maecenas, in the Locus Considaris ; C 1, Nomentanus, who acted as a sort of master of cere- monies, and therefore took the place of Nasidienus, who was C 2 ; C 3, Porcius. A still more interesting example is afforded by the account given in a fragment of Sallust, preserved by Servius, (Ad Virg. jEn. I. 702,) of the arrangement of the guests in the banquet, given by Perperna, at which Sertorius was murdered — Igitur discubere : Sertorius inferior in medio ; super eum L. Fahius His- paniensis senator ex proscriptis ; in summo Antonius et ivfra scriba Sertorii Versius ; et alter scriba Maecenas in imo medius inter Tarquinium et domi- num Perpernam. In this case there were two persons only on the Summus Lectus, and two on the Medius Lectus, of whom Sertorius, the great man, was inferior. Curiously enough, Servius adduces this passage to prove that in ancient times tlie middle place upon the couch belonged to the master of the house, while it distinctly shows that Perperna was Summus in Lno.^ It is to be observed that, down to the imperial times at least, women sat at table, and tlie grammarians assure us that such was the practice among men also at a remote period.2 We have already had occasion to point out that at the Epidum lovis, luno and Minerva were placed upright, while love was extended on a couch, and that a solemn feast in honour of goddesses was termed Sellisternium. (p. 34:5.) Arrangcnieiit of ihe Cocna. — A complete banquet {Coena recta) was composed of three parts. 1. Gustus s. Gustatio s. Promulsis, consisting of objects intended to provoke rather than to satisfy the appetite, such as lettuces, shell-fish, and especially eggs, (Plin. Ep. I. 15,) to which was frequently added a cup of wine sweetened with honey, {jnulsum, ) and flavoured with aromatic herbs, this last being strictly the Promulsis. 2. The Coena proper, consisting of several courses. Each course was brought up upon a tray called Ferculum, and hence the number of Fercula decided the number of courses, which varied according to circumstances; thus we are told of Augustus — Coenam ternis Ferculis, aut,cum abundantissimc, senis praebebat, (Suet. Octav. 74,) and Juvenal exclaims (S. I. 95) . . . Quis Fercula Septem = Secreto coenavit avus ? — The word Missus is used in the same sense as when it is recorded of Pertinax — quotquot essent amici, novem libras carnis per 1 We have followed Becker in describing the position of the different couches, and the arrangement of the guests upon the Triclinium, although his views differ from those of most of the earlier writers on convivial antiquities. The position of the Locus Consularis is determined by a passage in Plutarch, Syrapos. I. 3. i Val. Max. II. i. 2. Serv. ad Virg. lE.n. L 218. 712. 442 COENA — DKINKLNG CUSTOMS. tres Missus ponehat (Capitolin. Pertin. 12) — and of Elagabalus — Celebravit item tale convivium ut apud amicos singulos singuli Missus appararentur (Lamprid. Elagab. 30.) Repositoria, mentioned occasionally in Pliny, appear to have been stands npon which dishes or drinking vessels were placed, but to have been different from the Fercula (Plin. H.N. XVIII. 35. XXIII. 11. XXVIII. 2.) 3. Mensae Secundae^ consisting of cakes, sweetmeats, {Bellaria,) and fruit of all kinds. The foct that the repast commenced with eggs and ended with fruit gave rise to tlie proverb — Ah Ovo usque ad Mala, (Hor. S. I. iii. 6. comp. Cic. ad Fam. IX. 20.) i.e. from beginning to end. The various dishes were set in order on the Ferculum., and the whole arrange- ments of the banquet conducted by a superintendent named Structor., M'hile the carving was performed Avith graceful gestures by a person called Carptor or Scis.'ior, who had been regularly educated by a professor of the art. We infer from a passage in Juvenal, (S. V. 120,) who is our great authority upon this subject, that the offices of Structor and Carptor were commonly united in the same individual. Spoons {Cocldearia — Ligulae') are occasionally mentioned, but knives and forks for the use of the guests were altogether unknown. Each one must, therefore, have helped himself, and torn his food into morsels with his fingers, (Ovid. A. A. III. 736,) as is the practice in the East at this day. Hence, before the meal commenced, and probably at its termination also, slaves went round with vessels of water for washing the hands, and towels (Mantelia) for drying them, (Virg. G. IV. 376. JEn. 701,^ but the guests brought with them their own napkins (Mappae.) Horace, (S. II. viii. 11,) when describing the banquet of Nasidienus, notices, that when one of the courses was removed, a slave — Gausape purpurea mensam pertersit — which seems to prove that table- cloths M'ere not known at that period, and, when Lampridius wrote, it was believed that they were first introduced under Hadrian (Lamprid. Elagab. 27. Alex. Sev. 37.) Drinking: Cnstoms.— Drinking Vessels, &c. — The Eomans seldom drank their wine pure, (il/erum,) but usually mixed it with water, hot or cold, which, when called for, was handed to them (Frigida non desit, non deerit calda petenti, Martial. XIV. 1 05) in jugs called Urceoli Ministratorii (Jsl:ixiia[. Ibid.) by the slaves in attendance, those who were employed in such services by the wealthy being often beautiful boys brought from the East {Flos Asiae, luv. S. V. 56,) and purchased for immense sums. The relative proportions of the wine and the water were regulated by the addition of a certain number of Cyathi^ of wine to a fixed quantity of water in the Poculum or drinking cup, the precise num- ber of Cyathi being determined by various considerations. Thus Horace, in one of his Bacchanahan Odes, (C. III. xix. 11,) proposes to take the number either of the Graces or of the Muses as tlie standard — trihus aiit novem^Miscentor Cyathis pocula commodis — indicating, at the same time, that the former com- bination was tlie more prudent ; and in another passage when calling upon Mae- cenas to drink deep in honour of his friend's escape, he hyperbolically exclaims — Sumc, ]\Taecenas, Cyathos amici=Sospitis centum. When it was proposed to drink tlie health of any one, it was not uncommon to take a Cyathus of wine for every letter in the name, as in the epigram upon Gains lulius Proculus, quoted from Martial in page 411, and again we find (I. 72) — Naeviasex Cya- 1 The Cyathut, as wc have seen above, p. 411, was one-twelfth oiihe Sextariui. DRINKING CUSTOMS — GAMES OF CHANCE. 443 HiLi, septem lustina hibatur=Quinque Lycas, Lyde quatuor, Ida tribus} When any one was toasted in this manner, Bene was prefixed to his name, as we learn from Tibollus (II. i. 3) — Sed., Bene Messalam, sua quisque ad pocula dicat — and from the lively scene in the Persa of Plautus (V. i, 18). A summo septenis Cyathis committe hosludos: move manus: propera, Paegnium! tarde Cyathos mihi das: cede sane: Bene mihi. Bene vobis, Bene AMICAE MEAE. When a person drank wine loiih another, he first tasted of the cup himself, and then handed it to his friend with the words Propino till, (Cic. Tusc. I. 40, luv. S. V. 127,) receiving his in return. It must be understood that Cyatlius always indicates a measure for adjusting the proportions of the wine and the water, and never a drinking cup. The general word for the latter is Poadum, but Pocida were distinguished by a vast variety of names, according to the forms which they assumed, such as Calices — Canthari — Carchesia — Ciborla — Cululli — Pate- rae — Phialae — Scyphi — Trientalia — Trullae^ and many others. The mate- rials of which they were composed were also greatly diversified. Pocula of wood, (fagina, &c.,) of pottery, (_;?ci(7ja,) and of glass, (yitrea,) were in every- day use. More precious were those of rock crystal, {crystallina,') of amber, (capaces Heliadum crustas, luv. S. V. 37,) and of the precious metals, (argen- tea — aurea,) the latter being frequently decorated with chasings, (Toreumata^') or with figures in high relief, (^Crustae — Embleinata,) or with precious stones, (Calices gemmati — Aurum gemmatum.)^ What the Vasa MurrMna, the most highly valued of all, may have been, no one has yet been able to decide, but they were certainly brought from the East, and, judging from the expres- sions of Propertius (IV. v. 26) — Murrheaque in Parthis pocula coctafocis — may very probably have been porcelain. Under ordinary circumstances, each guest would mix the wine and water in his own cup (temperare poculuni) so as to suit his individual taste, but when the Coena was succeeded by a regular Commissatio, then the wine and water were mixed for the whole company in a large bowl called Crater^ from which the Pocula were filled. In this case the strength of the beverage, the toasts to be drunk, and all other matters connected with the festivities, were regulated by one of the party, who was formally elected to the office of Arbiter Bibendi, (the Ivfi'^ocriocQxoi of the Greeks,) i.e. Master of the Revels. The choice was usually determined by throwing the dice — Quern Venus arbitrwn=Dicet bibendi (Hor. C. II. vii. 25,) and again — Nee regna vini sortiere talis (I. v, 18) — which leads us to speak of the CSames of Chance and Other amusements which were frequently introduced after the Coena. The dice used by the Romans were of two kinds: — 1. Tesserae., (x.6i2ot,) which were regular cubes corresponding in every respect with modem dice. 2. Tali^ (daTQccyxT^oi,) which were of an oblong shape, and rounded at the two ends, so that they could not rest upon either of these. They were, therefore, marked upon four sides only, and bore the numbers I. III. IV. VI. — I. and VI. being on opposite sides. Tesserae and Tali alike were thrown from a cylindrical box, called Fritillus B. Phimus s. Pyrgus s. Turrictda, upon a board called Abacus s. Alveus, or eimply Tabula (sc. lusoria.') The best throw was termed Venus s. Casxia i Comp. Ovid. Fast. III. 632. Plaut. Stich. V. iv. ?4. 30. S See Cic. in Verr. IV. 18. S"qq. luv. S. L 76. Martial. XIV. 109. HI. 115. 444 GAMES OF CHANCE, &C. Vejiereus s. lactus Venereus, the worst Canis. The mode of playing, however, was different according as Tesserae or Tali were used. In playing with Tesserae, it appears that, generally, although perhaps not invariably, the person who threw the highest number won, which was termed by the Greeks, Ti-T^ncTofic/T^lu'icc vail^fiv. Hence, it was the lactus Venereus when all the dice came up sixes, (Senio7ies,) and the Canis when tiiey all came up aces, ( Unio7ies,) and thus Ca7iis is used in a general sense for an ace whether in Tesserae or Tali (Suet. Oct. 71.) Any number of Tesserae might be employed, but three was the usual number, as we see from the Greek proverl>, ^ Tgif s§" ^ Tf£/j X.VI301, which Becker has rightly explained to mean, three sixes or three aces, i.e. all or nothincj. On the other hand, they always played with four Tali, neither more nor less, for here it was reckoned the lactus Venereus when they all came up different, (Martial. XIV. 14,) and the Canis when they all came up the same. In a game of Tali, described by Suetonius, (Octav. 71,) whoever threw a six or an ace put a Denarius into the pool for each six and each ace so thrown, and this went on until some one threw the Venus, which swept the board. Alea may signify a die, as in the exclamation of Julius Caesar, when passing the Rubicon — lacta Alea esto, (Suet. lul. 32,) but is more commonly used to mean gamhling in general, and especially those games of chance in which money was staked and dice were used. Such amusements ivere forbidden by law as early at least as the time of Cicero, except during the festive license of the Saturnalia, and professed gamblers (Aleatores) were always looked upon as disreputable, but the enactments for the suppression of this vice do not appear to have been at any time rigidly enforced, and, under many emperors, were altogether neglected.^ Other games of a less objectionable character are occasionally mentioned. Such are the Lucius Latrunctdorum and the Ludus duodecim Scriptorum. The former, which by some scholars has been compared to chess, and by others to draughts, is described at considerable length in the Panegyric on Calpumius Piso, attributed to Saleius Bassus, and is alluded to more than once by Ovid. The men were called Calcidi, Mdites, Latrones, Latruuculi, were made of glass, and were of different colom-s.^ The latter has been supposed to resemble back- gammon, because the movements of the pieces were to a certain extent regulated by throwing dice.^ We may also mention the games of Odd and Even, (Ludere par Impar,) which was by no means confined to children, as we might suppose from the words of Horace, (S. II. iii. 48,) being sometimes introduced along with Tali at the banquet, (Suet. Oct. 71;) oi Pitch and Toss, in which the cry was Capita aut Navia, in allusion to the devices on the As, (Macrob. S, I. 7 ;) and o{ Micare, (Digitis,) wliidi is identical with the modem Morra, so popular among the lower classes in Southern Italy (Cic. de N. D. 41. de Off'. 19. Suet. Octav. 13. Caipurn. Eel. II. 26.) Cbapiets. — Towards the close of the Coena, before the drinking (Compo- tatio) fairly commenced, chaplets or garlands (Serta — Coronae — Corollae) were distributed among the guests. At what period the custom of wearing tlicse was first introduced it is impossible to determme, but an anecdote told by 1 Cic. Philipp. II 23. Mor. C. III. xxiv. 58. Digest. XI. v. 1. seqq. Martial. IV. 14. V. M. XI C. luv. S. I. 89. XIV. 4. ■i Ovid. A. A. II. 207. III. 35. Trist. IL 477. Senec. de Tranq. 14. Martial. XIV. 17. 20. 3 Cic. ap. Non. 8. v. Scripta, p. 110. ed. Gerl. Ovid. A. A. IL 203. III. 3C.3. Quintil. L O, CHAPLETS — PERFUMES. 445 Pliny (XXI. 3.) proves that it prevailed as early as the second Punic War.i They were originally assumed not merely for ornament, or to gratify the senses, but from a belief that the odour of certain plants neutralized the intoxicating properties of wine, and hence we find that they were formed not of fragrant flowers alone, such as roses or violets, but of parsley, ivy, myrtle, and various other plants, simple or combined . ... est in horto = Phylli, nectendis Apium coronis = Est Hederae vis {Hot. C. IV. xi. 3.) . . . Quis udo = Deproperare Apio coronas = Curatve Myrto (II. vii. 23.) But after the habit was once established such considerations were altogether thrown aside, so that in winter artificial chaplets, called Coronae JEgyptiae s. Mbernae, made of coloured horn, (ramento e cornibus tincto^) or of dyed silks, (e veste serica veisicolores,') or of copper foil, plated, or gilded, (e lamina aerea temii inaurata aut argentata,) were substituted. To the last mentioned, those of copper foil, the double diminutive Corollarium was, according to Pliny, properly applied, on account of the great tenuity of the metallic leaves. Sometimes the materials employed were plaited together, {Coronae plectiles,) sometimes pinned or pasted together, {Coronae pactiles,') sometimes sewed together, {Coronae sutiles,) sometimes tied together with coloured ribbons termed Lemnisci, or with strips of lime-tree bark {Philyrae coronariim Lemniscis ce- lehres. Plin. H.N. xvi. 4.), and sometimes a simple tendril of ivy or a sprig of myrtle sufiiced, without any previous preparation — Displicent nexae Philyra coronae .... Simplici Myrto nihil adlabores (Hor. C. I. xxxviii. 2. 5.) The artificial chaplets of copper foil worn at banquets must be distinguished from Corollaria, made of the precious metals, with Lemnisci to match, which are said to have been first introduced by Crassus, and bestowed by him on the successfiil competitors at his games. Soon after this it seems to have become a common practice to bestow such tokens of approbation upon actors and other public performers who had distinguished themselves, and hence the word Corollarium is used in a general sense to denote something given beyond what is strictly due, a gratuity or donation — Corollakium si additum praeter quam quod debitum eius: vocabulum Jictum a CoroUis, quod eae, cum placerent adores, in scena dari solitae. Varro L.L. V. § 178. Phaedr. V. vii. 34. For examples see Cic. in Verr. II. 50. IV. 22. Senec. de Ben. VI. 17. Suet. Octav. 45.2 Perfumes. — Not less essential than Coronae to the full enjoyment of a ban- quet, was a supply of perflimes. The taste prevailed from a very early period among the Greeks, was first developed among the Romans after their Asiatic conquests, so that about a century later, B.C. 89, the Censors, P. Licinius Crassus, and L. lulius Cjesar, found it necessary to issue an ordinance — Ne quis venderet unguenta exotica (Plin. H. N. XXI. 3. comp. Aul. Gell. VII. 12.) and towards the close of the republic amounted to a passion. The ancients being unacquainted with the art of distillation, their only vehicle for odorous essences was oil, and hence perfumes of every description were comprehended under the general term 1 The ornamental Corona seems to have originated in a simple band called StropJiinm or Sl/Tophiolum, worn round the head to confine the hair. Thus Plin. H. N. XXI. 2. Teriui- oribtis (so. coronis) nte0a7itur antiqui. strophia appellantes: unde nala strophiola. 2 Most of the particulars given above with repard to Coronae are taken from Pliny H. N. XXI. 2. seqq. A great mass of curious matter will be found in Athenaeus XV. 8— 3+. See also Plut. Sympos. III. 1. Plaut. Bacchid. I. i. 37. Pseud. V. ii. 8. Ovid. Fast. L 403. H. 739. V. 3ifi. Martial. V. 65. IX. 91. X. 19 Petron. Arb. 60. Paul. Diac. s. v. Corolla p. 63, With respect to Lemnisci see Paul. Diac. s.v. p. 11.5. Serv. ad Virg. jEn. V. 209. Capitolin. Ver. 6. The Lemniscus was generally regarded as an ornamental addition not essential to the Corona. Plin. H.N. XXL Z. comp. Cic. pro Rose. Amerin. 35. 4-16 PERFU5IES. Unguenta. Of these there was an immense variety obtained from all manner of sweet smelling lierbs and flowers, and large quantities were consumed for anointing the body, an operation which many performed regularly three times a-day (Senec. Ep. LXXXVI.) — before taking exercise, after taking exercise, and after the bath. The coarser kinds were kept in large shells ( . . . . funde capacibus = Unguenta concMs .... Hor. C. II. vii. 22.) or bottles of swelling globular foi-m called Ampullae;^ the finer sorts, which were very costly, being extracted from rare plants imported from the most distant regions of the East,^ were kept in small flasks, made of a species of gypsum called Lapis Alabastriies s. Onychites s. Onijx, which was believed to possess the property of preserving their fragrance from being dissipated — Lapidem Alabast- triten .... cavant ad va.ta unguentaria quoniavi optime servare incorrupta dicitur (Plin. H. N. XXXV. 12.) Such a flask was termed Alabastron or Onyx^ and was shaped with a long narrow neck, which allowed the contents to escape drop by drop only, so that when it was desired to obtain the whole at once, it was necessary to break off the neck, a circumstance which fully explains the passage in the New Testament, where the woman who came to visit our Saviour is represented as having broken the " Alabaster box of very precious ointment." (St. Matt. xxvi. 7. St. Mark xiv. 3). The finer Unguenta were introduced at a banquet along with the Coronae., and these two luxuries are constantly mentioned in connection with each other, and with the wine, thus, Horace, C. III. xiv. 17. I, pete tmguantum, puer, et coronas Et cadum Marsi memorem duelli, and again II. iii. 13, Hue vina, et unguenta et nimium brevis Flores amoenae ferre iube rosae.^ The perfumes, when handed round, were applied to anoint the hair and face — cum interea Apronius caput atque os suum unguento perfricaret (Cic. in Verr. III. 25.) — Sacpe coronatis stillant unguenta capilUs (Ovid. Heroid. XXI. 161.) .... coronatiis nitentes = Syria Malabathro capillos (Hor. C. II. vii. 7.) and they sometimes formed Coronae out of the leaves of the Nardus, and steeped these in the liquid odom* — Lautissimum quippe habetur e Nardi foliis eas (sc. Coronas) dari .... unguentis madidas (Plin. H.N. XXI. 3. comp. Lucan. Phars. X. 164.) They were not content, however, with applying them externally, but actually mixed them with the wine — At lierclc iarn quidam in potu addunt (Plin. H.N. XXIII. 3,) or poured the wine into the shells or bottles containing perfumed oil, and drank oflF tlie compound. To this strange practice we find allusions both in Juvenal and Martial, tiie former when describing a debauch, mentions among other characteristics (S. VI. 303,) Cum pcrfusa mero spumant unguenta Falerno, Cum bibitur Concha » Cic. de Finn. IV. 12. Hor. A. P. 97. Apulei. Florid. IL 9. § 2. 2 Among these the far-famed Nardus, or emphatically Folium, held the first place, the oil ImpreRnatcd with it heing termed Nariihntm or Foliatum. S In another Ode, IV. xii. 11, when inviting a friend to join liim in making the necessary preparations for a jovial party, he oifers to supply the wine, provided Virgilius will contribute the perfume — Nardo vina merebere = Nardi parvus Onyx elicieC cadum = Qui nunc Sulpiciis aeettbat horreit. PERFUMES — MUSIC, &C. 447 and the latter has the following epigram on an Ampulla which bore the name of the celebrated perfumer Cosmiis: — Hac licet in gemma quae servat nomina Cosmi, Luxmriose, bibas, si Foliata sitis.— XIV. 110. Sometimes the wine was flavoured with the perfume before it was transferred to the Amphora, and of snch Plautus speaks (Mil. Gl. III. ii. \l)—Deprompsit Nardini amphoram cellaritis — where Nardinum is wme that had been mixed with Nard.' The great seat of the manufacture in Italy was Capua, where a whole street or quarter called Seplasia was occupied by the Unguentarii." music, &c. — The presence of musicians at a formal banquet seems to have been considered indispensable from a very early period, for in the Aulularia of Plautus, Megadorus, when making preparations for the marriage feasts to be held in his own house and in that of his intended father-in-law, hires and sends home from the market not only two cooks, but also two female minstrels (Tibi- cinae.') Singing women (Psaltriae — Sambucislriae) who accompanied their voices with the Lyre, were introduced at a somewhat later epoch, and towards the close of the republic regular concerts (^Symphoniae) were performed by bands of youthful choristers {Pueri symphoniaci) trained for the piu-pose.^ That such an addition to the pleasures of the table, although not essential, was by no means uncommon, is evident from the words of Horace (A. P. 274 comp. Cic. in Verr. Ill, 44.) Ut gratas inter mensas Symphonia discors Et crassum unguentum, et Sardo cum melle papaver, Oflfendunt, poterai duci quia coena sine istis. Under the empire, dancing girls (^Saltatrices) from Spain and Syria, were frequently introduced, whose performances seem to have resembled those of the Almeh, still common in the East, while in addition to these, dwarfs, tumblers, with mountebanks of every description, (^Nani — Moriones^ &c.) and even gladiators, displayed their feats. * Sometimes, however, in gi-aver society, more intellectual amusements were provided. The productions of celebrated poets were recited or sung, just as in ancient times, ballads, recounting the glories of high-bom warriors had been chanted by boys to the note of the flute, or repeated without music, {assa voce,) and sometimes the talents of an Impro- visatore were exercised to the admiration of his hearers.* All entertainments, such as those noticed above, whether addressed to the eye or to the ear, were comprehended under the Greek term Acmamata, (e.g. Suet. Vesp. 19,) but this word is more frequently employed to signify, not the per- formances themselves, but the persons who performed. Thus Suetonius (Octav, 74) says of Augustus — Et aut acroamata et Mstriones aut etiam triviales ex Circa ludios inierponebat ac frequentius aretalogos — andNepos of Atticus (14) Nemo in convivio eius aliud acroama audivit quam anagnosten. Taking this in connection with what has been said above on the word Corollarium, we are enabled to understand the expressions used by Cicero (In Verr. IV. 221,) when recounting the thefts of Verres in abstracting figures from di-inking cups — Hie, 1 As in the case of Coronae, our most copious sources of information regarding UngueTtta are Pliny ( XIIL 1 . seqq ) and Atlienaeus (XV. 34— ■IT. ) 2 Cic. de leg. agr. II. 34. pro Sest. 8. Plin. H. N. XVI. 10 XXXIV. 11. Val. Max. IX. 1. 3 Plaut. Aul. I. iv. 1. Liv. XXXIX. 6. Cic. Div. in Q. C. 17. pro Milon. 21. 4 luv. 8. XL 1(1-'. seqq. Martial. V. 78. Macrob. S. II. 1. Aul. Gell. XIX. « Cic Tusfiul. IV. 2. Brut. 19. Val. Max. II. i. 10. Non. s.v. assa, p. 54. ed. Gerl. Hor. O. IV. XV. 29. lu?. S. XL 77. Cic. pro Ar«ih. 8. 448 MUSICAI< rNSTEtFMENTa, quasi festivum Acroama, (i.e. a hired performer at a banquet,) ne sine Corollario, (i.e. a gratuity,) de convivio discederet, ibidem, convivis inspectantibus, emble- mata avellenda curavit} irinsical Insirnments. — ^We may take this opportunity of nammg the musical instruments in general use among the Romans, whether introduced at banquets or otherwise. These may be divided into two classes. 1. Wind Instruments, 2. Stringed Instruments. 1. Wind Instruments. By far the most important of these was the Tibia, which, in ancient times at least, was a necessary accompaniment to every solemn sacrifice, to every dramatic exhibition, and to all processions, whether of a grave or jovial ciiaracter. Temporibus veterum Tibicinis usus avorum Magnus, et in magno semper honore fuit. Cantabat fanis, cantabat Tibia ludis, Cantabat moestis Tibia funeribus. — Ovid. Fast. VI. 657. The English term Flute is generally given as an equivalent for Tibia,, but Clarionet, or Flageolet, would be more appropriate, for, while the Tibia in so far resembled the flute that it was a cylindrical tube, perforated with holes, and frequently made of box-wood, Prima terebrato per rara foramina buxo Ut daret eflfeci Tibia longa sonos — Ovid. Fast. VI. 697. it was not held horizontally, nor were the notes produced by blowing into one of the holes, but it was held vertically, and the notes were produced through the medium of a mouth-piece (Ligula — yXZaaig.) Moreover, although a single Tibia was frequently employed, the Romans, judging from the representations on ancient monmnents, generally employed a combination of two .... biforem dat Tibia cantum (Virg. Mn. IX. 618.) — Saepe duas pariter, saepe Monaulon habet (sc. Tibicina, Martial. XIV. 64.) The two 2Wae were not, however, jouied together and united to a common mouth- piece, as in our double flageolet, but each was kept distinct, and two separate mouth-pieces were applied to the lips of the player, which were bound round Avith a strap, called omans Pecten, or, when they adopted the Greek term, Plectrum, (7rX'^y,Tjoj/.) Thus Orpheus in Virgil (^n. VL 640,) Obloquitur numeris septem diserimina vocum, lamque eadem digitis, iam pectiue pulsat ebumo. Many other stringed instruments are occasionally mentioned, such as the Cithara and the Barbitos, differing, probably, from the Lyre, but we cannot 2 Q 450 MUSICAL rNSTEXJMENTS — DRESS. speak Avith any certainty respecting their characteristics. The Sanibuca was triangular, and the strings, therefore, of unequal lengths, as in the harp. Tambourines, (Tympana,) Cymbals, {Cymbala,) and Castanets, (Crotala,) were employed chiefly in the orgiastic rites of Dionysus, Cybele, and the Syrian Goddess. Nor ought we to pass over the Sistrum, so often alluded to by the Roman writers of the iirst century in connection with tlie worship of Isis, who, in the annexed cut, is represented bearing it in her hand. LYKB AND PECTKN. III. Dbess. I>res8 of OTen.i — The dress of men among the Eomans was, during the whole of the best period of their history, extremely simple, consisting of a loose upper garment or plaid of ample dimensions, called Toga, and of an under garment or shirt which fitted more closely to the person, called Tunica. The feet were protected either by sandals, called Soleae, or by shoes, called Calcei. The head was not usually covered, but those who were much exposed to the weather Bometinies used a felt cap called Pileiis, or had a hood or cowl called Cucullus attached to their cloaks. The Causia and the Petasus were broad brimmed hats worn by those who had weak eyes, and by travellers. Both are Greek words, and hence we may infer that the objects which they represented were foreign importations. Toga. — The Toga was in all ages regarded as the characteristic garb of the Romans, who were hence designated as emphatically the Ge7is Togata — I The most important Treatises on this suhjectare, Octavids Ff.rrarius, De Re Veitiaria, ».T\Ab\s Analficta De He Veflliiria; Albrrths Kubenids, £e lie Vestinria priiecipue de J.ato Clavn: J, B. DoNive, De ulrat/ue I'aoiulii; Ai.DCS Manutiub. De inga Koinunnrum, and Z)« Tunica Itomanorum; all of which are contained in the sixth volume of the T/iesauriu of GeAKTlDL DRESS OF MEN. 451 Romanos rerum dominos gentemque togatam. Although too cumbrous to be worn by those engaged in manual labour, and probably often thrown aside in the domestic circle, it was always assumed by persons in the upper classy when they appeared in public, and, at a late epoch, under the empire, when > had been ia a great measure superseded in ordinary life by other forms of apparel, it was still regarded as the dress in which a Koman was expected to appear in the presence of the Prince.^ The Toga was not only the characteristic dress of a Roman citizen, while the Greek Pallium distinguished foreigners, but the right of wearing it was the exclusive privilege of citizens, its use being forbidden to Peregrini and slaves (p. 85.)^ It was, moreover, the garb of peace in con- tradistinction to the Sagum (p. 401) of the soldier, and hence the word 7'oga is employed to denote Peace, as in the well-known line of Cicero — Cedant arma TOGAE, concedat laurea linguae. The shape of the Toga and the manner in which it was worn, have given rise to many controversies, and although much information is afforded by the statements of ancient writers, and especially by ancient statues and other works of art, these do not in all instances harmonize with each other. Indeed, it is reasonable to believe, that, while the general character of the garment remained the same, fashion would introduce changes and modifications both in the shape, the dimensions, and the mode of adjustment, and something would at all times depend upon individual fancy. We may rather feel sm-prised when we consider the long space of time over which the accounts and representations extend, that the variations from something like a fixed standard should not be more numerous and more complicated. There can be no reasonable doubt that, while the Greek Pallium was a square, or, at least, a rectangular piece of cloth, the outline of the Toga was partly curved. Dionysius expressly terms it (III. Gl) TrsQtfiS'Kcciov ii^ix.vx.'Kiov, while Quintilian, who gives minute directions regarding the most graceful mode of arranging it, declares (I. 0. XI. 3.) — Ipsam togam rotundam ESSE et apte caesam vellm. We must not, however, press these expressions so closely as to conclude that the Toga must have been exactly semicircular, a figure which cannot be reconciled with the appearance which it bears in works of art ; but if we assume, with Becker, that, while the upper edge or chord of the curve was straight, extending, as we learn from Horace, (Epod. IV. 8.) in the case of fops, to six Ulnae, it was deeper in its greatest breadth than if the lower edge had been exactly semicircular, we shall find many difliculties removed. But, even if we suppose the shape and the dimensions to have been fixed, it is manifest that great room must have been left for the exercise of individual taste in arranging the voluminous folds (Sintis) so as to produce the most graceful eifect, and, it must be confessed, that the mauner in which this huge mass of cloth was thrown round the figure and kept in its place, is very obscure. The two illustrations, A and B, given below, both taken from ancient statues, represent two different adjustments, one evidently much more simple than the other, but it .vill be found extremely difficult to reproduce either of them. It would appear that the ordinary mode was to throw the whole Toga over the left shoulder, leaving one extremity to cover the left arm, and to bring it round the back and under the right arm, which remained at liberty, the second end being caiTied again over the left shoulder. In this way, the broadest part of the cloth hung do^vn in front, a large bunch or mass of plaits, termed Umbo, lay across the breast, and the second extremity, which was carried across, served 1 Suet. Octav. 40. Spartian vit. Sever. I. comp. Lamprid. Commod. 16. •Plin. Epp. IV. 11. Suet. Claud. 15. Comp. Clc. pro Rabir. 9. in Verr. IV. 24. V. liai 452 DKESS OF MEN. as a sort of belt (Balteiis) to secure the whole. Compare A and B with Quintilian I. 0. XI. iii. 137. Oa certain occasions of extraordinary solemnity, as when a Consul was about to declare war in the name of the Eoman people, or to devote himself to death for his coimtry, the Toga was brought over the head and girded round the body, according to what was termed the Cinctus Gahinus. The details have been described by Servius in his Commentary on the iEneid, (VII. 612,) and the illustration marked C, taken from the celebrated Vatican MS. of Virgil, is intended to represent this adjustment. See also Liv. V. 40. ^III. 9. Tunica. Subucula. — The Tunica^ as indicated above, was a sort of shirt worn under the Tbr/a, and buckled round the waist by a girdle (Cinctus — Cimjula — Cingulum.') It reached an incli or two below the knees, and the sleeves were so short that they merely covered the shoulders, for although Tunics hanging down to the ancles, (Timicae talares,) and with sleeves extending to tlie wrists and terminating in fringes (Tunicae Manicatae et Fimbriatae) were not unknown towards the close of the republic, they were always regarded as indications of effeminate foppery.^ An under shirt, termed Subucula, appears to have been an ordinary piece of dress in the days of Horace — rides si forte Subucula pexae = Trita subest Tunicae, (J^VV- !• ^- ^5,) and Augustus was so intolerant of cold, that he enveloped himself m a thick Toga, four Tunicae, a Suhucula, and a bosom-friend, besides swathes for the legs and thighs — Hyeme f/uaternis, cum pingui Toga, Tukicis et Subucula, et Tiiokace laneo, et Femixaltbus et Tibialibus (Suet. Oct. 82.) Indusiam or Litusium is explained by Nonius and Varro to mean a Tunica, but while tlie fonner expressly states that it was an under Tunic — ve.stimentuin > Qiilntll. I.O. X. lil. 137. I'lin. U.N. XXVIIL U. AuL Gcll. VII IX Cio. in Cat. II. 10. Suet. Inl. 5. Ner. 51. DKESS OF MEN. 453 quod corpori intra plurimas vestes adhaeret — the words of the latter, although obscure, imply that it was an upper Tunic — that while Capitium was tlio general term for an under garment, (a& eo quod capit pectiis,) the Subucula was the under Tunic, and the Supparus the upper Tunic, and, farther, that there were two varieties of the Suppariu!, one called Indusiuin and the other Palla. Varro, in the same passages, classes all garments under two heads, those which were of the close shirt-like form, and tliose which were thrown loosely round the person — Prius dein Indutui, turn Amictui quae sunt tangam} It is stated by Aulus Gellius, (VII. 12,) that the Romans origmally wore the Toga alone, but this must be imderstood to mean that they did not wear both the Toga and the Tunica at the same time, for the former could never have been the sole garment of men employed in any pursuit requuing active bodily exertion. Hence, in later times, we find those who affected primitive simplicity were wont to appear in public without a Tunic, and especially candidates for public offices, in order, perhaps, that they might the more readily display the scars of any wounds they had received in front.^ What a graceful effect might be produced by the simple Toga, may be seen from the figure (1) below, which ia taken from a statue of Jupiter in the gallery at Florence. (3) Fasciae, &c.— Coverings for the legs did not form a regular part of ordinary dress, but the hmbs were generally left bare, except in so fiir as they were covered by the Tunica and Toga. Occasionally, however, strips of cloth called Fasciae or Fasciolae, were swathed round the legs like bandao-es a fashion still common among the peasants of southern Italy, and, accordincr 'as they were applied above or below the knees, were termed Feminalia, Cruralia Tibiaha, and sometimes Fasciae crurales, and Fasciae pedules, besides which 1 Varro L.L. V. § 131. ap. Non. s.v. Capilia, p. 371. ed. Gerl. Non. s.x. hidusium r> 360 S Pint. Cor. 14. Cat. Mia 6. Q. R. 49. Liv. m. 26. Dionys. X. 17. 454 DRESS or MEN. we hear of Ventralia, to protect the abdomen. Cravats, also, or something corresponding to them, were not entirely unknown, for Horace enumerates, among the equipments of a coxcomb, Fasciolas, Cubital, Focalia, (S. 11. iii. 255,)'where Focalia must signify a throat-muffler? Calcei, &c. — The Calceus, as indicated above, was a shoe covering the whole foot, the Solea, a sandal consisting of a sole only, without upper leathers, fastened round the instep and ancle by straps (ligulae.) Both of these Avere strictly Roman, and are opposed to the Crepida of the Greeks,^ just as the Toga is opposed to the Pallium. The various shapes which Calcei and Soleae assumed, and the different methods of fastening them, will be better understood by studying the annexed representations selected by Becker from ancient monuments, than from tlie most ehiborate description in words. During inclement weather, additional clothing was required, and we are acquainted with the names of various upper cloaks, but are almost entirely in the dark as to their characteristic shape. Those most frequently mentioned are the Lacerna, the Laena, and the Paenula, to which we may add the Sij7ithesis, the Aholla, and the Endromis. The Lacerna and the Laena were properly thrown over the Toga for warmtli, but under the empire seem to have been often adopted as a substitute for it, and were then made of the finest materials, and dyed of the most showy colom-s ; ^ the Paenula is generally believed to have resembled what is now called a poncho, tliat is, to have been a thick blanket with a hole cut in the centre, through which the head was inserted. The statue represented above, and marked (2) is supposed to be dressed in a Paenula, but this is a mere conjecture. The Sijnthesis was a loose easy robe worn at table instead of the more vmwieldy Toga, and seems to have been the prototjrpe of the modem domino, since every one appeared with it in public during the Saturnalia, but at no other season ; of the Aholla we can say almost nothing, except that Juvenal speaks of it as the dress of the Stoics; (S. III. 115. comp. ly. 76 ;) the Endromis was a cloth wrapped round the body by athletes after violent exertion, in order to guard against a chill. Official DrcHscs. — These have been for the most part already noticed in 1 Non. 8.T. Ca/anlica, p. 367, ed. Gerl. Quintil. I.O. XI. iii. Cic. ad Att. II. 3. Val. M»*-VI. ii. 7. Suet. Octav. 82. Plin. H.N. VIII. 48. 57. Digest. XXXIV. ii. 25. ' J)"!! hic qui in CRKPiDAs ORAIORDM ludere gestit. Pers. S. I. 127. See also Liv. XXIX. 19, »nd Suit Tiber. VX ' llii' laena, or, at all events, a robe called Laeuii, was worn by the Flaminet, when Offering tacrifice (Cic. Brut. 14. Serv. ad Virg. X.n. IV. 2G2. DRESS OF MEN. 455 connection with the different offices to which they belonged. Tlie most common of these was the Toga Praetexta, a Toga with a purple border, worn by Dicta- tors, Consuls, Praetors, Curule Aediles, the higher orders of Priests, by all free- born youths until they assumed the Toga Virilis, and by girls until they were married, or had, at least, attained to mature years. The Trahea was an upper garment with broad purple stripes, which is said to have been the dress of the kings, and was subsequently assumed by the Eqiiiles in their solemn processions, and perhaps by the Augurs. The Toga Picta, an embroidered robe, was the garb in which the statue of Jupiter Capitolinus was arrayed, and was worn by generals when they triumphed, along with the Tunica Palmata. The Emperors, on state occasions, appeared in a Toga, all purple, and some have supposed that this belonged to the Censors under the republic. Of the Tunica Laticlavia, and the Tunica Angusticlavia we have already said enough when describing the Insignia of Senators, and of the Ordo Equester (pp. 75, 221.) The meaning of the phrase Mutare Vestem has been already explained, p. 75. Hair, Beard, &c. — In the earlier ages the Komans wore long flowing hair and beards. Hence when Juvenal wishes to indicate that the master of a feast was drinking wine of great age, he says — Ipse capillato diffusum Consule potat — while Tibullus and Ovid speak of their countrymen in the olden time as Intonsi avi. Varro and Pliny inform us that hair-dressers { Tonsores) came from Sicily in B.C. 300, (antea intend f acre,) and that the younger Scipio Africanus was the first person of note who shaved every day {radi quotidie instituit.) This operation was perfornie<^l in two different modes. They either shaved off the beard smooth [tondere strictim) with a razor, (novacula — Culler,) or merely clipped it short through a comb (tondere per pectineni) with scissors {Axicia.) The custom of wearing beards was revived under the empire, by Hadrian, who is frequently represented on coins and other monuments Barhatus. The barber's-shop ( Tonstrina) seems, from a very early period, to have been a favourite lounging- place, as we gather from Plautus, who enumerates all the apparatus employed, knife or razor ( Culter) for the beard and nails, scissors, (Axicia,) comb, (Pecten,) Tweezers ( FoZseZ/ae) for plucking out stray hairs, curHng tongs, (Calamistrum,) mirror, {Spectdum,) towel, {Linteum,) and dressing-gown (Involucre iniicere vestem ne inquinet. ) ^ Ornaments, — The only personal ornaments worn by men were rings, {Annuli,) and these were originally made of iron and carried for use, in sealing letters and other documents, (Obsignare,) rather than for decoration. On the right of wear- ing a golden ring during the republic we have already spoken fully (p. 75.) Under the empire all restrictions seem to have been removed, and it was not uncommon to wear a ring on every finger, or several on the same finger, while some persons, like Crispinus in luvenal, varied them according to the season of the year, Ventilet aestivum digitis sudantibus anrum Nee sufFerre queat maioris pondera gemmae, and kept those not in use, in cases called Dactyliotliecae? Dresa of Women. — Althougii we must conclude from two well-known pas- sages in Plautus, (Aul. UI. v. 34—47. Epid. II. ii. 39—50.) that even at the 1 luv. S. V. 30. Tibull. II. i. 34. Ovid. Fast. II. 30. Liv. V. 41. Plin. H. N. VII. 5Q. Varro R. R. II. H. Aul. Gell. III. 4. Plaut. Oapt. IL ii. 16. Epid. II. ii. 13. Asin. II. ii. 86. Curcul. IV. iv. 21. Martial. III. 74. VIII. 47. IX. 28. S Pliny gives numerous details with regard to the history of Rings XXXVIL I. Comp. lav. S. I. 28. XL 4a Martial XL 37. 59. XIV. 12.H Quintil. L O. XI. 3. 456 DRESS OF WOMEN. early epoch to whicli that dramatist belongs, Roman ladles employed a great vai-iety of stuff's in adorning their persons, and that their wardrobes exliibited many different fashions, yet tlie garments themselves were few in number, and their general character always the same. The dress of a matron consisted of three parts — • 1. The Tunica interior a. intima, or, as it was termed at a later period, Tntenda, a sliort shift fitting close to the body, over which was placed a belt, called Mamillarc or Strophium, to give support to the bosom. ^ 2. The Slola, a loose tunic, to the bottom of which a border or flounce, called Tnstita, was sewed, the whole reaching down so low as to conceal the anclea r.nd part of tlie feet — Quaeque terjis medios Instita longa pedes (Ovid. A.A. I. 32.) Tlie Slola, with the Instita attached, was the characteristic dress of the Roman matron. Hence when Horace wishes to indicate matrons as a class, he styles them — illas = Quarum suhsuta tulos tegit Instita veste ; (S. I. ii. 29 ;) and Martial (I. 36.) employs the phrase Stolatum pudorem. The Stola was gathered and confined at the waist by a girdle, {Zona — Cingulum — ductus,) and fi-equently ornamented at the throat by a coloured border called Patagium. 3. The Palla, a shawl so large as to envelope the whole figure, thrown over the Stola when a lady went abroad— 4(/ talos Stola demissa et circumdata Palla (Hor. S. I. ii. 99.) ^ In the cut marked (3) in p. 453, taken from a statue of the Empress Livia, found at Pompeii, we see distinctly the Tunica Interior, the Stola, and the Palla. Here it will be observed that the inner Tunic has sleeves, while the Stola is fastened over the shoulders by simple straps ; but this was not the case universally, fijr several ancient monuments show the inner Tunic without, and the Stola with, sleeves. Just as men occasionally wore a Lacerna or a Laena over the Toga, so women occasionally threw a second cloak over the Palla. This, in the most ancient times, was called Ricinium. Livy and Ovid, when describing some- thing of tlic same kind, use the general terms, Amiculum and Amictus.^ Peregrinae, Lihertinae, and all women of doubtful reputation, instead of wearing the Stola and Palla, were attired in a shorter Tunic, without the Instita, and in a Toga, the latter usually of a dark colour. * The word Palla is applied to the robe of tragic actors and of musicians ; but we know not whether this ^vas identical in form ■with tlie Palla of women. ^ Head Dress. — Great pains were bestowed npon plaiting and an-anging the hair, as may be seen from the numerous representations upon ancient coins and statues ; the aid of hair dressers (Cinijlones — Cinerarii) and curlmg tongs {Calamistra) was called in, various nnguents and dyes were applied, and the great object of ambition under the empire being yellow hair, wigs of this colour {Galerus Jlavus) were substituted for the natural locks. " Coverings of differ- ent kinds for the head were also common, such as nets, {Reiicida,) veils, (Ricae 8. Riculae,) as well as caps and turbans of various shapes (^Mitrae, Calan- ticae, &c.) Ornaments, Sfc. — These consisted of necklaces, (Monilia,) bracelets or arm- 1 Aul. Gen. VL 10. X. 15. Apuici Florid. II. 9. § 1. Met. VIII. 159. Catull. LXIV. 65. Martial. XIV. G6. Non. e.v. Slrnjium, p. ;iG8 ed. Gerl. - ^^ojnp. Senco. Troad. I. 91. On the manner in which the Palla was adjusted, see Apniei 3 Varro L L. V. § 131. Liv. XXVII. i. Ovid. Met. XIV. ■)fi2. ♦ il»T. S. I. ii. and Schol. Cruq. en the passage. Tibull. IV. x. 3. « Hor. A.P 278. Auct. ad Herenn. IV. 47. « Ovid. A.A lit 1G3. luv. S. VI. 120. Martial. V. G8. XII. 23. MATERIALS OF DRESS. 457 lets, (Armillae,') earrings, (Inaia-es,') chains, {Catellac^) made of gold and decorated with pearls (^Margaritae — Uniones) and precious stones of every description, which were kept in jewel boxes (^Arculae.) The toilet farnitnre [Mundus muliebris) consisted of mirrors made of polished metal, {Specula,') perfume bottles, {Vasa imguentaria,) combs, {Pectines,) and a countless variety of cosmetics, {Medlcaviina faciei,') among which rouge (Purpurissum) and white paint ( Ceriissa) were not forgotten.' Materials of Brcss. — All the garments of both sexes, although differing widely in texture and quality, according to the seasons of the year and the circumstances of the wearer, were for many centuries made of wool exclusively, and although vari- ous new fiibrics, composed of silk, cotton, and flax, were introduced towards the close of the republic and under the empire, they Avere never adopted by any large portion of the community. The m'OoI was not dyed but was allowed to retain its natural colour, white, (alba,) under ordinary circumstances, and black (pulla) for those who were in mourning, and who, when dressed in their dark apparel, were said to be Pullati or Atrati. The various articles of dress, Avhen cleansed, were not simply washed, but were elaborately scoured with sulphm- and other purifying substances, by a class of persons called Fullones. Those who were impeached of any offence against the State, frequently endeavoured to excite public sympathy, by appearing abroad Sordidati, i.e. with Vestes Sor- didae, typifying by the neglect of their personal appearance the mental depres- sion under which they were labouring. The term opposed to Sordidati is Candidati, which has been already explained, p. 177. The Eoman conquests in the East led to the importation of silk, (Sericum,) but the cost of the raw material was so great, that thin gauzes {Coae vestes) were chiefly employed, or cloths in which the woof was of silk (Trama ex Serico) and the warp of flax, (Stanmie lineo,) these stuffs being termed Vestes subsericae, in contradistinction to the Vestes liolosericae, composed entirely of silk. Dresses of such materials were at first almost confined to women, and so imbecoming was it considered for a man to appear in them, that during the reign of Tiberius, the Senate passed a decree — Ne Vesiis Scrica viros foedaret (Tacit. Ann. II. 33.) Although this regulation may have soon been disregarded or evaded, it is evident that while silk was worth its weight in gold, its use must have been very limited. ^ Cotton also, although not unknown, was r.are ; but it appears very strange and unaccountable that flax, although cultivated in Italy, and used for many domestic pui-poses, was never employed generally, until a late epoch, for articles of dress, insomuch that the priests of Isis were at once marked out to the eye ns a distinct class by the circumstance of their being robed in linen {linigera turba.) It is generally assumed that the words Byssus, Carbasus, Linwn, Sindon, Supparus s. Supparum, signify different kinds of flax and of linen cloth ; that Bombyx, Vestes Bombycinae, Coae Vestes, Sericum, Sericae Vestes, all indicate silk ; and that Gossipium and Xylinum (sc. linum) mean cotton. But on examining carefiilly the passages in ancient authors where these words occur, it will be found that much obsciu-ity and confusion prevail ; that the tenns usually 1 Plant. Mostell. I. iii. 91. seqq. Ovid. Medic, fac. passim. A. A. III. 197. Cic. Orat. 23. luv. S. VI. 481. It is doubtful whether the Periscelu mentioned in Horace was an article of dress or an ornament worn round the ancle (Hor. Epp. I. xvii. hG.) The most complete account of all matters connected with the toilet of a Roman lady under the empire is to ba found in the work of Bokttiger entitled Sa/niia. 2 Plin. H.N. VI. 17. Senec. de Ben. VII. 9. Dion Cass. XLIII. 2!-. LII. 15. Suet. Calig. 52. Lamprid. Alex. Sev. 40. Elagab. 26. Vopisc. Aurelian. 45. Tacit. 10. Isidor. XIX. xxii. 458 SPINNING AND WEAVING — WRITING MATERIALS. translated Silk and Silken must in many cases refer to muslins or other delicate manufactures of cotton, which, like silk, were brought from the far East, and that although nothing is more certain than that, in ordinary language, Linum, with its derivatives. Linens, Liiiteus, Linteo, and Lintearius, all refer to flax, yet we shall find Linum and Byssushoth used to denote cotton, while Si7idon is sometimes linen, sometimes muslin or calico. ^ Spinning and 'Wearing. — Not only were woollen Stuffs employed exclu- sively for many centuries, but in the earlier ages the cloth was all home-made. Spinning and Weaving were considered honourable in themselves, and formed the chief occupation of females in every rank. The family loom long stood in the Atrium, the public apartment of the mansion, and here the mistress of the house sat and toiled, surrounded by her female slaves. A quantity of wool was weighed out to each handmaid, (hence Pensum sig- nifies a task,J which she was required first to card, {carpere — carpere herile pensum,) and then to spin into yarn. The latter operation was performed by means of a distafi" (Coins) and spindle, (Fusus,) the method practised in this country at no very remote epoch, and still almost universal in southern Italy. A most graphic and charming description of the process will be found in Catullus, wliere be represents the Fates plying their task at the nuptials of Peleus and Thetis (LXIV. 312-320.) The dififerent parts of the Loom and of the Web are in like manner enumerated by Ovid wiien describing the struggle of Arachne with Minerva, and are frequently alluded to in the classics. ^ The frame of the Loom, which was generally placed vertically, and not horizontally, was called lugum, the web was Tela, the loops, which are now called Heddles, were the Licia, the warp or longitudinal threads of the web Stamen, the woof or cross threads Trama or Subiemen, the reed by which the threads of the warp were kept separate, so as to afford a passage for the shuttle, was Arundo, the shuttle itself was Radius, the lay by which the threads of the woof are driven home was Pecten (Ilia etiam radio st^\js"tes percurrere telas = Erudit et varum PECTINE DENSET OPUS. Ovid. Fast. in. 819.) IV. AVriting Materials, Books, Libraries, &c. We may pass over very briefly those substances which were resorted to from the most remote epochs for recording and preservuig public acts and national documents of every description, and on which the chai-acters were cut and not inscribed. Such were slabs of stone, (incisa notis marmora publicis, Hor. C. IV. viii. 13.) — plates of copper or bronze, (leges Decemvirales . . . in aet in'cisas puhlice proposuerunt, Liv. III. 57.) which were employed almost exclu- sively, down to a very late period, for registering the ordinances of the People and the decrees of the Senate — sheets of lead, the plumhea volumina of Pliny (II.N. XIII. 11.) — and slabs of wood (oppida moliri, leges incidere ligno, Hor. A.P. 399.) ' Nor can we enter into any examination of the use of palm leaves, (in palmarum fuliis prima scriptitatum, Plin. 1. c.) nor of the bark of trees, (liber,) still manufactured for such purposes in tiie East ; nor of the prepared linen of which the ancient Lintei libri, referred to by Livy (IV. 7. 13. 20.) 1 On these and all topics connactpd with the textile fabrics of the ancients, see the mas- terly treatise of Yatkb, entitled THxlrinum Aiitiyuarum, a work which, to the regret of every scholar, has not yet been completed. « Ovid. Met. Vr. .'54. comp. Fast. III. H16— 830. « In Aulus Gellius (II. 12.) wo read— /n legibut Solonis iltis aniiquUsimis, quae Athenii .AXiBus LIONBI8 [alii leg. asseribus) incisae tunt, &c. WRITING MATERIALS. 459 must, as their name implies, have been composed. We confine ourselves to the consideration of the materials vrhich were in ordinary use after the Romans had become a literary people, and when writings of all descriptions were multiplied to an extent altogether unknown in the earlier ages. These materials may be divided into two classes, according as the writing was intended for permanent preservation, or consisted of notes made for a temporary purpose only. In the former case, the materials employed were either Paper (Charta) or Parchment, {Membrana,) in the latter, thin pieces of board coated with wax ( Tabulae ceratae.) 1. Paper, termed Charta, was made from the reedy plant called Papyrus, the Cyperus Papyrus of modem botanists, which gi-ew in great abundance amid the stagnant waters left by the inundations of the Nile. Paper from the Papyrus was used in Egypt at a period far beyond the records of authentic history, for fragments of it covered with writing are found attached to the oldest mummies. It was imported into Rome from Alexandria in large quantities towards the close of the republic and under the empire, and manufactories (Officinae) existed in the metropolis for the purpose of making it up into dif- ferent forms. Eiglit varieties were known during the early part of the first centmy ; the best quality was Charta Augusta, the second Liviana, the tliird Hieratica, this in ancient times having been the epithet applied to the best ; the lowest was called Emporetica, and was used for tying up parcels only. In consequence of certain improvements introduced by tlie emperor Claudius, the Charta Claudia eventually took precedence even of the Augusta. The mode in which the Papyrus was manufactured into paper has been minutely described by Pliny, who is our great authority upon this topic, (H.N. XIII. 11. 12.) but he is more than usually obscure and confused in his phraseology when describing the process. We gather, however, from his words, that the stem of the Papyrus was cut into lengths, and tliat the inner substance was separated into very thin strips or slices (philyrae) by a sharp pointed instrument (acus.) Two of these philyrae were placed one above the other, the direction of the fibres in the one being at right angles to the fibres of the other, and glued together to form the thickness of the paper ; several of these strips were then placed side by side and glued together to form a strip of the proper breadth, which was now termed Scheda, or Pagina, or Plagula, the breadth varying in the different qualities, that of the Augusta being 1.3 Digiti, (p. 409,) that of the Hieratica 11. Again, several Schedae or Plagulae were glued together to form a full sized slieet called Scapus, the number of Plagidae so united never exceeding twenty. The Claudia was thicker than any of the other kinds, being composed of three philyrae placed above each other ; in breadth, too, it exceeded even the Augusta, being a foot wide, (pedalis,) and the particular variety called Macrocolum or Macrocollum * was a foot and a-half wide (cubitalis.) 2. Parchment or Vellum, termed Pergamena (sc. memhrana) because the invention of it was ascribed to one of the early kings of Pergamus, was also extensively used, but being much more costly than Charta made of the Papyrus, was employed for those documents only which were regarded as of great importance and value. Pens and Ink. — The pen for wi-iting upon paper or parchment was made of a reed, and hence is termed Arundo s. Calamus s. Fistida, and was formed into the proper shape by a penknife — the Scalprum librariuvu Ink, termed Atramen- l The term Mncrocollum, applied to paper of large size, was known to Cicero, see Epp. ad. Att. XIIL 25. XVL 3. 460 WKITING MATERIALS. inm, was generally composed of lamp-black (obtained by burning pitch or rosin) mixed with gum water or some otiier ghitinous liquid. Sepia also, the dark fluid contained in the bag of the cuttle fish, was used as a substitute for Aira- mentum. ^ Since the common Atramentum contained no mordant, it did not necessarily make an indelible mark upon parchment, but might be easily obliterated by the application of a wet sponge ; if, however, in consequence of the skin not being properly dressed, or from some other cause, the black marks could not be removed in this manner, tlie surface of the memhrana might be rendered avail- able for the reception of fresh writing by scraping it with pumice-stone or any similar substance, and hence second-hand parchment renovated in this manner was called Palimpsestus. ^ Writing was confined to one side of the Charta or Memhrana, except when an author Avas hard pressed for room, or when old IMSS. were given to boys in order that they might copy out their exercises on the back. Such writing was distinguished by the epithet Opisthograplms. ^ 3. 2\ihula properly signifies a hoard, and the commonest of all writing materials were small thin boards (Tahellac) covered with a coating of wax, (^Cera rasis infusa tahellis,) the characters being formed by an iron pencil termed Stilus or Grapliium, which was ground to a sharp point at one end for scratching the wax, and flattened at the other for smoothing the surface when it was desired to obliterate what had been inscribed — hence the phrase Vertere Stilum signifies To make an erasure. When several of these Tahellae were united together, they formed books, which were termed Codices s. Codicilli; {Plurium Tahularuni contextus ;) when these were of small dimensions, they were called Pugillares, and according as they consisted of two, three, or more leaves, were distinguished as Diptijchi, TriptycM, TripUces, QuincupUces, &c. Instead of common deal, the precious Citrus wood was sometimes employed for Pugillares, and they were frequently decorated with costly ornaments. * Although the words Tahulae, Tahellae, Codices, Codicilli, properly refer to tablets covered with wax, they are constantly employed in a general sense to denote written documents of any description, whatever might be the material employed. Thus Tahulae Testamenti is the received phrase for- a Will, although such a deed would doubtless be generally engrossed on paper or parchment, and Horace designates the first page of a Will as Prima cera (S. II. V. 53.) But Pugillares might be made of parchment or of ivoiy ; and thus one of the Epigrams of Martial (XIV. 7.) bears as its Lemma Pugillares Mem- hranei, and another (XIV. 5.) Pugillares Ehorei, while in an inscription (Orelli No. 3838) we read of Pugillares memhranaceos cum operculis ebdreis. Liber. — Observe that Liber signifies properly the inner bark of a tree, espe- cially of the Tilia or Linden-tree, and that Pliilyrae are the thin layers or membranes of which the Liber is composed. This substance having been pre- pared in early ages for writing, just as the Plnbjrae of the Papyrus were in I'-g}'pt, the word Liber, in process of time, was employed like Tabulae, to denote a book or document of any description without reference to the material — Lm- EOKUJi appellatione conlinentur omnia volumina, sive in charta, sine in mem- ^'i Pe". S. lit 11. seqq. Cic. ad Att. VI. 8. Suet. Vitcll. 2. Tacit. Ann. V. 8. Vitruv. VII. 10. I'lin. II.N. XXXV. G. XXXVIL 7. 2 Cic. a>l Fam. VII. 18. CatuU. XXII. 14. S luv. S. I. .'-,. Martial. IV. iH). Plin. Kpp. III. r,. niscst. XXXVII. xi. 4. « Ovid. A. A. I. 4:J7. Hor. 8. I. x. 7-'. Cic. in Vcrr: IV. 41. Senec. de brev. vit. 13. Martial. XIV. 3. f^cnee. Ep. CVXIL Auson. Kpigr. 14G. Very small Pugillarts were called yUelliaui, Martial XIV. 8. !». LETTERS — BOOK-BINDIXG, &C. 461 brana sint, sive in quavis alia materia. Sea et si in PJiilyra, avt Tilia, ut nonnulli conjiciunt, aut in aliquo corio, idem erit dicendum. Ulpian. Digest. XXXII. 52. Letters. — Letters were generally written npon waxed tablets, but also npon paper and parchment. ^ When Chrysalus in the Bacchides of Plautus tells Pistoclerus to fetch her all things necessary for writing a letter, she names Stilum, Ceram, et Tabellas, et Linum. — IV. iv. 64. The Cera mentioned here is for sealing the string {Linuni) with which the tablets were tied together ; and when the wax was thus applied, it was stamped %vith the impression of a signet-ring, this operation being termed Obsignare. Thus, in the scene above quoted, after the letter is finished, the writer exclaims, Cedo tu Ceram ac Linum actutum, age Obliga, Obsigka, cito. Hence, when a letter was opened, the first operation was to destroy the seal — Resignare — the next to cut the string — Linum incidere (Cic. in Cat. III. 5.) Instead of wax, a sort of clay, or perhaps gypsum, called Cretula., was in com- mon use (Cic. in Verr. IV. 9.) Transmission of Letters. — Since the Roman government had no post-office establishment, persons of small means were obliged to take advantage of any opportunity which might occiu* for transmitting theii* letters, while the rich and the Societates of Publicani kept regular couriers, called Taiellarii, for the purpose. ^ Book-Binding, l^ibraries, &c. — When a work was completed, the different strips of paper or parchment on which it ^vas written were glued to each other in regular order, so as to form one long sheet. To the lower extremity a cylindrical piece of wood was attached, round which the whole was rolled, and thus a Volumen was formed. The two circular ends of the wooden cylinder, the only portions of it visible when the MS. was rolled up, were termed Umhilici., and hence the word Umbilicus was used to denote the cylinder itself, which gave rise to the phrase Ad wnhilicum adducere, signifying to bring to a conclusion. The two Umbilici "were sometims decorated with colours, (hence, picti umbilici,') and sometimes two knobs, called Cornita, were attached to them. The rough outside edges of the roll, named Frontes., were cut even and smoothed with pumice stone, {geminae poliantur pumice Fiwites,) the back of tlie roll was rubbed over with oil of cedar, (oleum ex Cedro., Vitruv. II. 9,) which was believed to possess the property of presenting it from the attacks of moths and other insects (Tineae — Blattae.) An outside wrapper (the eiTTvji-^ of the Greeks) dyed of some bright colour, yellow or purple, (Lutea sed niveuni involvat membrana libellum — Nee te purpureo velent vaccinia fiico,') was then . fitted on, and secured by red strings (Jora rubra.) Finally, the title (Index — Titulus — 2AXt//3oj) was written in scarlet letters (Titulus notetur minio — Iiidex rubeat cocco) on thin parchment, {membranula.,) and attached to one of the Umbilici or of the Cornua. Kefercnce will be found at the bottom of the page to the different passages in ancient writers from which the above account has been pieced together.* 1 Cic. ad Fain. VII. 18. ad Q.?. n 15. Martial. XIV. !1. Digest. XXXIII is. 3. 2 Cic. in Verr. III. 79. ad Fam. XII. 12. XIV. 22. Philipp. II. .31. S CatuU. I. 1. XXIL Tibull. III. i. 10. Ovid. Trist. I. 1. 5. III. i. 1.3. E.P. IV. xiii. 7. Hor. A.P. 331. Epp. I. XX. 2. Martial. I. 67. 118. III. 2. IV. 91. V. 6. VL 13. VIIL 61. 72. X 93. XI. 1. 107. Cic. ad Att. IV. 4. 5. 8. Lucian. advers. indoct. 16. 462 LIBRARIES— DWELLTMG-nOUSES. When books were collected in Libraries, they were deposited in presses or shelves termed Armaria s. Forull s. Loculamenta, or figuratively, Nidi, and when carried about from place to place were packed in boxes called Scrinia or Capsae} The material most esteemed for the construction of such repositories was the wood of the cypress tree, which was believed to be more durable than any other, and to possess antiseptic properties — hence the exclamation of Horace, (A. P. 331.) • Speramus carmina fingi Posse linenda cedro, et levi servanda cupresso. Lihrarii is the general term for that class of slaves who were in any way connected with the book or writing department in an establishment. Hence this name is given to the Transcribers who made copies of works for their master's use or for sale, to Secretaries of every description, [Lihrarii ah episto- Us — ad manum — a manu — a studiis,) as well as to those domestics who took charge of the apartment in which the books were kept {Servi a hihliotheca? ) Lihrarius is used also to denote a bookseller, for these persons, when in a small way of business, would copy out with their o^vn hands the works which tliey retailed. The names of the books which they had in stock were affixed to posts or pillars {Pilae — Columnae) in front of their shops, ( Tabernae Librariae, ) and hence Horace wlien he declares that he had no wish that his wi-itings should be hawked about, uses the expression (S. I. iv. 71) — Nulla Taberna meos haheat neque Pila libcllos — and again, in allusion to the same practice (A. P. 372) — mediocrihus esse poetis ^ Non homines, non di, nan concessere Colum- nae. The Argiletum and the Vicus Sandalius seem to have been the chief quarters of booksellers under the empire, and the fame of the Sosii imder Augustus, of Dorus under Nero, and of Tryphon under Domitian, has been preserved by Horace, Seneca, Martial, and Quintilian.^ V. Houses. The arrangement of a Roman dwelling-house {Damns — Aedes privatae) has proved a source of much embarrassment to scholars, and altiiough strong light has been thrown upon the various subjects of discussion by the extensive exca- vations at Herculaneum and Pompeii, many points are still doubtful, and ample room is still left for controversy. AYe shall mention in succession the constituent parts wliich usually made up the town mansion of a man of fortune, during the first century of the empire, and endeavour to determine tlieir relative position in the plan (A) placed at the end of the volume, wliich represents the ground ])lan of one of the largest houses at Pompeii, that which is usually distinguished as the House of Pansa. It must be borne in mind that many of the rooms there represented were altogether dispensed with in dwellings occupied by persons of small means, while, on the other hand, the most sumptuous edifice in a small provincial town such as Pompeii was, could not vie either in the number 1 Vitruv. VII Praef. Plin. Epp. II. 17. Senec. de Tranquill. 9. luv. S. III. 219. Martial. I. US. VII. 17. Vopisc. Tacit. 8 2 On booksellers, who were frequently designated by the Greek term Bihlinpnlae, and their shops, see Aul. Gell. 11. 3. Y. 4. XIII. .30. XVIIT. i. See also Cic. de Lep(? HI. 20. Philipp. II. 9. Hor. Epp. I. XX. 2. A.P. 345. Senec. de Ben. VII. 6. Martial. I. 119. II. 8 IV. 71,72. \lli i' '^"'°''''" ^-^^ Praef. On the price of popular new publications, see Martial. I. 67. 118. 3 On the subject of this section consult Mazois, Le Palais de Scaurus ou Description d'une Maisim Jluwiiine. Paris. 1822; and the great work of the same author on Pompeii. These, together with the first Excursus to the second scene of Hkckkr's Callus, contain all the m»t«rial8 requisite for the student who may wish to investigate this difficult subject. DWELLTOG-HOUSES. 463 or the scale of its apartments with the palaces of the metropolis. The two sources from which we derive the greatest amount of direct information, are the sixth book of Vitravius, and two letters of the younger Pliny (11. 17. V. 6.) The former, however, contains chiefly architectural precepts for the construction of a house, the different portions of which, in so far as then- uses and juxta position were concerned, were familiar to his readers, while in the latter, two Villas are described which, it would appeal-, differed materially from ordinary town houses.^ Insula. — We must begin by explainuig this term, which bears two distinct significations. It originally denoted a mass of building, consisting of one or of several houses, surrounded on all sides by streets or lanes, and thus completely detached from other buildings. Even when an Insula contained only one regu- lar mansion, there were frequently shops in different parts of the ground storj', as is common in Roman and Neapolitan palaces in modern times. Such a mass of building was frequently raised to the height of several stories, and laid out in lodging-houses for the accommodation of single individuals, or of small families belonging to the middle or lower classes, these individuals and families living completely apart, but still under the same roof, as takes place in the Flats of a Scotch Land, or the Stages of a French Hotel. Hence Insula is employed to denote a single lodging-house, or set of apartments, and the person employed by the proprietor to exercise a general superintendence over the whole of the separate Insulae, which were included in the large Insula, was named Insu- larms, his duties being probably analogous to those of a Concierge in French establishments of a similar nature. The mass of building represented in the plan (A) at the end of the volume is an Insula in the first sense, containing not only the mansion, called the House of Pansa, but also a number of shoos marked (x), and four small lodgings marked (z), none of which had any com- munication with the House of Pansa, and would thus be termed Insulae in the second sense.' Vestibulnni. Area. — The door of the house was frequently thrown back to a considerable distance fi'om the street, and an open space was left in front, which was sometimes planted with trees, and was large enough to admit of a portico on each side, ornamented with triumphal chariots, statues, and other works of art. The open space was termed Area, and tiiis, together with the colonnades, seats, &c., constituted the Vestibulum, which, it must be under- stood, was altogether on the exterior of the mansion. The houses in Pompeii have no Vestibulum, but open upon the street, as in the case of that represented in (A.) Ostium, lanna, were the names given to the principal entrance, the door by which it was closed being usually folding, as indicated by the plural words Vulvae and Fores, the latter, however, is used also in the singular Foris. The door was generally left open during the day, but a Porter — lanitor — Ostiarius — kept watch in a small lodge or box, (^Cella ostiarii,) observing all who passed in and out. Prothyrnm. — A passage or small entrance hall leading from the outer door to the interior of the house. Atrinin. — This, for a long period, was the most important apartment in a Roman house. It was generally more spacious than any other, and existed in some shape in every mansion, great or small, from the earliest down to the 1 Vitruv. I. 6. II. 8. Paul. Diac. s.v. Inmlae p. ni. Cic. pro Coel. 7. ad Att. XIV. 9 XV 17. Tacit. Ann. XV. 53. Suet. Ner. 38. Senec. de ira. III. as. 4G4 DWELLING-HOUSES. latest times. It was always placed opposite to tlie principal entrance, and was, in the great majority of cases, lighted by an aperture in the centre of the ceil- ing, open to the sky, whicli was called Impluvium, because the surrounding roof sloped towards it so as to conduct the rain down into a reservoir called Coin- pluvium, formed in the pavement below for its reception. The Atrium was ori- ginally the public room, open to all members of the family, to fi'iends, and to visitors. In the middle was placed the fire-place of the house, {Fvcus,) where all culinary operations were conducted, the smoke escaping through the Implu- vium above ; beside the Focus a small altar was erected, upon which were placed the oflerings to the domestic Gods, the Lares and Penates, who occupied niches hard by, and the Focus being the spot farthest removed from the exterior of the mansion, the space Avhich it occupied was sometimes termed Penetralia or Foci Pe7ietrales. In the Atrium stood the marriage couch (Lectus (jcnialis) imme- diately opposite to the door, and hence it was sometimes distinguished as Lectus adversus; here, too, all the members of the household shared the common repast ; here stood the looms ; here the mistress plied her labours surrounded by her maidens ; here the master received his visitors ; here, when a death occurred, the corpse was laid out previous to the funeral, with feet towards the outer door ; and here were arranged the waxen images of illustrious ancestors in which the Nohiles (p. 67) took such pride. This description must be understood to apply, in so far as persons belonging to the higher ranks ivere concerned, to the primi- tive ages only, when the Atrium was the sole public apartment. In process of time, separate rooms for cooking, for banqueting, and for carrying on ordinary domestic toils were constmcted, a ])rivate chapel was provided for the Gods, and in the houses of the great the Atrium was set apart for the reception of clients, and of those who sought assistance from, or desired to testify their respect for, the lord of the mansion. CavaedStJiM. — As houses became more spacious and the dimensions of the Atrium were increased, it became necessary to support the roof with pillars, one being placed at each corner of tlie Impluvium. In process of time a room was found to possess many advantages in point of coolness and ventilation in which the aperture was made larger than was absolutely required for the admission of light, more pillars were in this case required for the support of the beams, and a small open court was then formed below the Imj)luvium^ surrounded by a colonnade. An apartment formed upon this plan \vas termed a Cavaedium. Peristj-liuni, — When the size of this court was considerably enlarged, so as to leave merely covered cloisters between the pillars of the colonnade and the walls, the court and cloisters were termed Peristylium. Houses on a great scale had an Atrium^ a Cavaedium^ and a Peristylium,, all spacious, but occasionally the Atrium was contracted to a mere ante-cham- ber, and the Cavaedium became the great reception hall. When this was the case, the Atrium was sometimes roofed over completely (^Atrium testudinatum) receiving light from the Cavaedium on one side, and from the outer door on the otlier. It is clear that it must have been diflScult to determine the exact point at wliich an Atrium passed into a Cavaedium^ and a Cavaedium into a Peristy- lium, and it is not sui-prising that the expressions employed by ancient writers in reference to these matters should be occasionally ambiguous. It is quite imuecessary to enter upon the details of the controversy maintained by those upon tlie one hand, wlio maintain tliat Atrium and Cavaedium are absolutely syno- nymous, or at all events, that the Cavaedium was merely the small court in the DWELLING-HOUSES. 465 centre of the Atrium, and by tliose who insist that these words always represent apartments entirely distinct. It is enough to bear in mind that the Atrium was never dispensed with, tliat neither the Cavaedium nor the Peristylium were essential, and that when we find one only it may be difficidt to determine to which of the classes it properly belongs. Then in the house A we have the Atrium distinctly marked, but we may hesitate, whether the court behind marked 9, ought to be regarded as a Cavaedium or a Peristylium} Tabliiiuni. Ala«. — The Atrium at its lower end was divided into three apartments open in front ; the largest, that in the centre, was the Tahlinum, and the two smaller, on each side, were the Alae. Here were deposited the genealogical records and archives, and all documents commemorating the exploits which had been performed or connected with the higli offices which had been filled by members of the family. Fauces was the general nan>e for narrow passages leading from one portion of the house to another, and of these there was generally one on each side of the Tahlbmm. The Tablimim with its Alae served to separate the public from the private apartments ; and hence when there was both an Atrium and a Cavaedium. the Tahlinum would be placed at the bottom of the Cavaedium. TricUnia, dining rooms. When there were several of these, they varied in size according to the number of guests which they were designed to contain, and were built so as to offer different exposures suited to the different seasons of the year. Cnbicnia s. UormiJoria, bed-rooms. These also were arranged so as to suit the seasons. Some had an antechamber or dressing-room attached, called Procoeton, (■yr^oKOirav,) in others, the bed was placed in a recess or alcove termed Zotheca. 0«-c£. — This is a general term for Saloons, which might be used as dining- rooms, as private sitting rooms for females, or for any other purpose. Tliey received different appellations according to their form and architectural decora- tions. Thus an Oecus which was square and ornamented with four pillars, was named Tetrastylos, others were called CorintJdi, Cyziceni, Aegyptii, &c., according to the style in which they were constructed and fitted up. Exetlrae were conversation rooms, (parlours,^ fiu-nished with seats, which were frequently placed in semicircular recesses {Hemicyclia.) In many cases the name alone sufficiently indicates the purpose for which the apartment was designed. To this class belong the Bibliotheca, (library,) the Pinacotheca, (picture-gallery,) the Lararium, (chapel,) the Cidina, (kitchen,^, with its Latrina (scullery) attached, the Pistrinum, (bake-house,) Cella Penu- aria, (store-room,) Cella Vinaria, (wine-cellar,) and many others. The cut marked B represents one of the numerous attempts to lay down the plan of a Roman house according to the description of Vitruvius. Many of the arrangements, as here represented, are, however, very doubtful, and tlie space which is marked as a Vestihulum ought to be designated as a Prolhyrum. 1 The passages chiefly relied upon by those who entertain conflicting opinions with re- gard to the relation between an Atrium and a Cavnedhim (or Cavum riidium, as it is some- times termed,) are — Varro L.L. V. § lf;i. Vitruv. VI. 3. scqq. Quintil. I. O. XI. 2 S 21. Virg. S.n. IL 483. Plin. Epp. II. 17. Plin. H.N. XIV. 1. Paul. Diac. s v. Atrium p. 13. 2h L^ -^> m Cg5 i ^ ^ I ^ ^ ® ^ % % ^ t^ t % ^ I % .^ % t ^^ ^ ^ □: L VestihulTun. I 4. Basilica. I 7. Bibliotheoa, 2. Atrium, [vaedium. 5. Porficus. 8. Pinacothecfi. 3. Peristylium and Ca- 1 6. Triclinia, i 9. Exedrae. 10. Courts. CHAPTER XV. AGRICULTURE. The Romans during the brightest period of their history were passionately devoted to agriculture and the pursuits of a rural life. For many centuries war and the cultivation of the soil were regarded as the only occupations befitting a free-bom citizen. Numerous treatises upon farming in general and the various branches of the art were published from time to time, and of these a few have descended to us. The most important is that entitled De Re Rustica Libri III., by the celebrated M. Terentius Varro, the contemporary of Cicero ; we have also a longer and more elaborate, but less original production by M. lunins Columella, who probably flourished under the Emperor Claudius ; a compilation in the form of a Farmer's Kalendar by Palladius Rurilius Taurus ^milianus, a writer of uncertain date and doubtful authority ; and a collection of shrewd maxims on various topics connected with the management of a farm and domestic economy by M. Porcius Cato, the Censor. These four, together with a manual, De Arte Vetcrinaria, by a certain Vegetius Renatus, have been frequently published together under tlie title Scriptores Rei Rusticae Veieres Latini. In addition, two books of the Naturalis Hisloria of Pliny, the XVII. and XVIII., are chiefly occupied by matters connected with agriculture, and Virgil has chosen this for the theme of the most perfect and charming didactic poem in existence. Divisions of the Sabjcct> — Res Rustic a., to which Agricultura is frequently employed as equivalent, may be discussed under two heads." I. Agricultura, in the proper sense of the word, viz., the tillage of the ground. II. Pastio, the management of live stock. Again, Agricultura, in this its proper sense, may be subdivided into — 1. A[/ricultura, in a more restricted sense; comprehending the art of raising the cereal grasses ; leguminous plants ; vegetables cultivated for their fibre, suc'i as flax ; for their oil, such as poppies ; or for fodder, such as lucerne. 2. Cultus Arhorum, arboriculture ; comprehending the management of trees in general, but principally fruit trees, and especially the vine and the olive. 3. Cultus Hortorum, gardening; comprehending the rearing of flowers, pot herbs (olera), and small fruits. ' The student may consult with profit the well known work. The Husbandry of the Ancients, by A'lam Dickson, who was minister of WliittinRham, in East Lothian, towards the close of the last century, and had great knowledge and experience as a practical farmer. I would beg to refer also to the articles Agkicultura, Olka, Vinum, contributed by me to the Dictionary of Creek and Homan Antiquities, edited by Dr. \V. Smith. The Lectures on Jioman Husbandry, jiublished recently by Dr. Daubeny of Oxford, contain interesting matter, and two lively articles on this subject will be found in vols. 87 and 104 of the Quarterly Jieview. Many valuable illustra- tions are contained in the various commentaries on the Georgics, especially in those of Martyn, and J. H. V'oss. * See Varro It. K. L 2. AGRICULTURE. 4Q9 So also, Pastio may be subdivided into — 1. Pastio Agrestis a. Res Pecuaria, comprehending the larger and more important domestic animals, such as slieep, oxen, horses, &c. 2. Pastio Villatica, comprehending the smaller and less important animals, such as poultry, bees, fish, &c. These are the divisions of the subject which form the groundwork of the Georgics : the first book is devoted to acjricultura in the restricted sense — Quid faciat laetas segetes, quo sidere terrain Vertere The second to the Cultus Arhorum — Nunc te, Bacche, canam, nee non silvestria tecum Virgulta et prolem tarde crescentis olivae. The third to Pastio Agrestis — Quae cura boum, qui cultus habendo, Sit pecori. The foui-th to that particular department of Pastio Villatica, which seemed to afford the greatest scope for poetical ornament, viz., the habits and treatment of bees — apibus quanta esperientia parcis. And in the same book there are a few exquisite lines in which (116-148) Virgil excuses himself for not entering at length on the Cultus Hortoriim. Following the example of the great poet, we shall make a few remarks on each of the divisions enumerated above, with the exception of gardening, the details belonging to that pursuit being somewhat minute and not frequently alluded to by the classical writers. I. Agkicultura. Divisions of Agricnltura — Varro ' treats oi agricultura proper under four great heads. 1. Cognitio Fundi., the natural situation of the farm, the soil, and the climate. 2. Instrumenta, the persons, animals, and tools requisite for the cultivation of the farm. 3. Res quibus arva coluntur, the various operations to be performed, and the crops which form the object of these operations. 4. Tempera, the seasons at which the various operations ought to bo performed. 1. Cognitio Fundi, This may be treated of under nine heads. (1.) Forma fundi naturalis. (2.) Terrae natura. (3.) 3fodus agri. (4.) De fadhus tuendis. (5.) Si rcgio infesta. (G.) Si invectus et avectus idonei. (7.) Vecturae. (8.) Cultura et natura fundorum confinium. (9.) Villa et Stahula. (1.) Forma fundi naturalis, the natural aspect and character of the locality.^ 1 Varro R. R. I. 5. " VaiTO K. E. I. . Sepimentum agreste, the wooden paling ; c. Sepimcntum militare, consisting of a ditch (fossa) crowned with a bank (agger) formed of the earth thrown out ; d. Sepimentum fabr He, a stone or brick wall, with or without cement.^ (5.) Si regio iv/esta, the state of the surrounding country in so far as security of property was concerned, an inquiry by no means unnecessary, for a district miglit be infested with robbers or exposed to the predatory incursions of hostile tribes.'' (6.) Si Invectus et Avectiis idonei, that is, if there were facilities for purclias- ing necessaries and for disposing of the products of the farm — good markets at hand for buying and selling.^ (7.) Vecturae, the accessibility of the farm ; whether there were practicable roads or navigable streams.'' (8.) Culluru et Natura fundorum confinium. A certain influence was exercised upon the value of a farm by the mode of cultivaiion adopted in ami the natural character of the lands adjacent.' (9.) Villa et Stahula, the last and one of the most important topics belonging to the Cognitio Fundi, was the consideration of the farm buildings, the dvveUing- iiouse, and offi(..!S.* The general term comprehending the whole of the farm buildings was Villa, and the structure miglit be discussed under three heads— a. Villa Urbana; h. Villa liustica; c. Villa fructuaria. a. Villa Urbana.— Jh'is comprehended that portion of the buildings occupied J v""" R- P- '■ " ^- »• '^ V.irro R. R. L 16. .»•"'■''":•!'•'•"'■ 11- CatoR,n.3. 6 VarroR. U. I. IR. i v- '"■■"" }• }• '• 14- ' Varro R. K. I. ir,. \ arro U. 1.. I. 16. b Vano R. R. 1. 11. 12. 13. Colum. E. R. I. C. AGUICULTURE. 471 by the proprietor. The extent and the decorations depended entirely on his taste and his means, and might embrace anything betAveen the simple cottage of primitive times ,">jid the sumptuous palaces of the wealthy in the age of Augustus. b. Villa Rustica. — Tliis comprehended that portion of the building intended for the accommodation of the Familia of slave labourers, and of the domestic animals. The apartments essential for the familia were — 1. Culina, a spacious kitchen where the food of the establishment was cooked and eaten ; 2. Cellae, sleeping closets for the Servi Soluti (see p. 97) and rooms for the Villicus and the Procurator ; 3. Ergasiulum, a sort of prison, frequently under ground, where the Servi Vincti (see p. 97) were confined when within doors. The buildings for the domestic animals were included under the general term Stahtila^ which comprehended Bubilia (byres), Ovilia (sheep huts), Eqnilia (stables), Harae (pig styes), and others. c. Villa fructuaria. — This comprehended that portion of the buildings in- tended for storing or preparing the different products of the farm. Such were the Cella Vinaria (wine cellar), Cdla Olearia (oil cellar), Cella Torcularia (press room), Granaria (granaries), Foenilia (hay lofts), Palearia (chaff houses), besides n, number of apartments for objects which required to be kept dry, included under the general terms Horrea and Apothecae. If the farm M'as of considerable extent the buildings were usually arranged round two courts (^cortes), and in the centre of each of these was a large tank (^piscina). Either within the enclosures of the farm buildings, or immediately adjoining, were erected a mill (pistriniun), and a bake-house (farnuni) ; the thrashing floor (area), to be more particularly described below, was formed, if possible, within sight of th.e windows, and alongside of it was a huge covered shed called Nulilarium, capable of containing the whole grain crop. 2. Instrumenta. The instrumenta of a farm were divided into three classes — (1.) Genus Vocale. (2.) Genus Semivocale. (3.) Genus Blutum} (1.) Genus FocaZe, i. e., the human beings employed. These might be — a. Liheri Coloni ; b. Mercenarii; c. Servi. a. Liheri Coloni, small proprietors who cultivated their own lands with their own hands, and with the aiu of their families. h. Mercenarii., free hired labourers. These were but little employed except in the great operations of haymaking (/o«His2cfMm), the com harvest (7?ies«s), and the vintage {vindemia), when a number of extra hands were required for a limited period. The regular work of a large farm was performed almost exclusively by — c. Servi, slaves, forming the Familia Rustica. The Familia Rustica was, as we have seen above (p. 97), separated into two divisions — 1. Servi Soluti, who were not subjected to any personal restraint, and 2. Servi Vincti, who worked in fetters (compede vincti) when abroad, and who, when within doors, were shut up in a sort of prison called Ertjastulum. The slaves on a fiirm were also divided into gangs, according to the particular duties which they M-ere required to perform, and in large establishments tiie sub- division of labour was pushed very far. Thus there were Bubulci (ox drivers), Asinarii (ass drivers), Armentarii (neat herds), Opiliones (shepherds). Cap- 1 Varro R. R I. 17. 472 -A^tJ UICULTURE — ISSTKUM ENTA. rarii (goat herds), Bubulci (swine lierds), VinUores (vine dressers), Operarii (ordinary labourers), and very many others. Wlicn the o-angs were large and worked together, each had a Praefectus or overseer, and in each form there was a bailiff' or superintendent called Villicus, who was himself a slave or a freeman. To him was committed the whole char<-'e and oeueral management, and with him a housekeeper called Villica was frequently associated. Besides these, when the transactions were numerous and complicated, there was a Procurator, or book-keeper, who kept the accounts and took charge of the cash.' (2.) Genus Scmivocale, i. e., the inferior animals trained to labour. All the ordinary work of a farm, such as ploughing, harrowing, carting, and the like, for which we employ horses, was, in ancient times, performed by oxen trained for the purpose (hoves domiti), and this practice prevails generally in southern Europe at the present day. Asses were used for turning corn mills, and when fitted with panniers, carried out manure, cleared away the prunings from the vineyard, and went to market (G. I. 273) : — Saepe oleo tardi costas agitator aselli Aut vilibus onerat pomis, lapidemque revertens Incusum, aut atrae massam picis, urbe repoitat. Horses and mules were very sparingly employed, except for riding, and for drawing travelling carriages." (3.) Genus JSIutum, i. e., tools properly so called. These may be divided into two classes — a. Those worked by beasts of draught. /;. Those worked by the hand. In the first class we may notice — (1.) Aratrum. (2.) Irpex. (3.) Crates. (4.) Plaustrum. (5.) TrUmlum. (6.) Traliea. In the second class— (7.) Rastrmn. (8.) Ligo. (9.) Marra. (10.) Pala. (11.) Blpalium. (12.) Rutrum. (13.) Pastinum. (14.) Sar- culum. (15.) Dolahra. (16.) Falx. (17.) Vannus. Aratruui. — Numerous allusions to the most important implement of agriculture are to be found in ancient writers, but the most distinct and connected descrip- tion of the different parts of the plough is contained in a well known passage of Virgil's 1st Georgic, v. 1G9 — Continue in silvis magna vi flexa domatur In burim ct curvi fonnam accipit uhnus aratri. Huic ab stirpe pedes temo protentus in octo, Binae aracs, duplici aptantur dentalia dorse. Caeditur et tilia ante iugo levis, altaque fagus Stivae^ quae currus a tergo torqueat imos. The interpreters of these lines unfortunately difler so widely from each other, that any young scholar who reads and compares the various explanations pro- Iiused, is likely to become bewildered. Without attempting to examine and refute a multitude of conflicting opinions, many of which are altogether prepos- terous, we shall endeavour to show that the text of Virgil exactly describes the simple instrument- still used in many parts of southern Italy, of Greece, and of ' VaiTO R. R. L 17. 18. Colum. R. R. I. 7. 8. 0. »Vurro \i. R. I. )'j. 20. riltLm,*;i!'^Zff;'\'''^''i''®'^y"^"'^**'°"°^ **'*'■*>'" *'"'"t''e common reading slivaque ^yi;, which must be the Stiva or Manicula.^ Hesiod, moreover, distinguishes between the dporpou oti/royvov — in which the Buris, Dentalia, and Temo were composed of a single piece of timber — and the dporpov it^ktov, in which the different parts were nailed together." Irpex s. Hirpex s. Urpex, was a plank armed with numerous teeth, and dragged by oxen over the surface of the ground, for the purpose of tearing up weeds. The description given by Varro' is quite distinct — Irpices regula compluribus dentibus, quam item ut plaustrum boves trahunt ut eruant quae in terra serpunt} It answered the same end as what is now termed a Grubber, Crates is a general term applied to textures of rods, twigs, straw, sedge, reeds, fern, Sec." Such were employed for a great variety of rural purposes. Thus Crates vimineae^" were dragged over ploughed land for the purpose of breaking down the clods; and Crates dentatae,^^ answering in all respects to a modern harrow, were used in Gaul for covering up the seed. Crates stercorariae^'^ were panniers in which manure was carried out to the field; Crates Jicariae^^ were used in drying figs; when grapes were made into raisins, they were spread out upon crates;^* and when crates were formed of strong materials, they were used for fences or pens, hke ouv hurdles — Claudensque textis crutibus laetuvi pecus. (Hor. Epod. II. 45.) PlauMiriim s. Plosiruui dim. Plostellum. — This term is equivalent to the Greek ufcx^ct, and includes carts, waggons, and wheeled vehicles of every description employed for agricultural purposes. Tlie wheels, like tliose in the 1 Pallad. I. 43. 2 H. N. XVIII. 18. 3 Edd. vary ji the form given to this word. In some we And ratio ,• in others, ralla ; in others rulla. i Opera et Di^ v. 427. seqq. ^ V. 467. In this passage hS^uov is generally supposed to be the Temo, and /mra,3oi>; the lugum. The Greek word for the iron share, or Vomer, is ^»»/s. (Plut. Rom. 11.) 6 A figure of an a^o-r^ov a.inoyuot, as still used in Mysia, will be found in Travels in Asia Minor, by Charles Fellovves, p. 71. — J. H. Voss, in his translation of Virgil's Georgics (Altona, 1800), has given a plate, with representations of twenty-five varieties of ancient and modern ploughs, whiuli serve to illustrate this subject. ' Varro L. L. V. § 130. ed. Miiller. Comp. Paul. Diac. s. v. irpices, p. 105. ed. Miiller. 8 See also Cato E. R. 10. Sei-v. ad Virg. G. I. 95. 1 So Virgil, Aen. XI. 64. Haud segues alii cratca et molle feretrum=Arbuteis texunt virgis et tsi'fiine querno: and tolumell. R. R. XII. 15 Crates pastorales culino vel curice velfilice lex'ue. 10 Virg. G. L 95. " Plin. H. N. XVIII. 18. i^ Cato R. R. 10. Yarn R R, I. -li. u Cato R. R. 4S. w Columell. R. R. XII. 16. 476 AGRICULTURE — INSTKUMENTA. toy-carts of children, were generally composed of discs of solid timber, and were called Ujmpana (G. II. 444) : — Hinc radios trivere rotis, liinc tympana plaustris ; such maybe still seen in the secluded districts of southern Italy, in Greece, Asia Minor, and India. The number of wheels was nsually two ; indeed, Isidorus defines the Plaustrum to be vehiculum duarum rotarum; but four- wheeled carts were certainly in use, since they appear on various ancient monuments, although they may have been distinguished by a different name. Cato' notices plostra viaiora; but there is no ground for the con- clusion that these had four wheels." The Plostellum Purticum will be noticed immediately. Tribulum. Plostellum Puniciiui. Thrashing-Machines. — The Tribidum was a framework of heavy planks, the under side of which was studded all over with iron teeth, or sharp stones. This was dragged by a team of horses or oxen over the corn when spread out upon the thrashing floor ; and it rubbed out a portion of the grain while it turned the straw over and over; so that the whole was thoroughly trodden by the animals. In the Plostellum Punicum the toothed planks were mounted upon wheels. Varro^ describes both the form and use of these implements so distinctly as to require no comment — E spicis in 'oream excuii grand : quod Jit apud alios iumentis iunctis, ac Tribulo : id fit e tabula lapidibus out ferro asperata^ quo imposito auriga, aut pondere grandi truhiiur iumentis itmctis, lit discutiat e spica gratia: aut ex assihus dentatis cum orbiculis, quod vacant Plostellum Punicum. A representation of a Iribulum, as still used in Mysia, answering exactly to the description of Varro, will be found in Fellowes' Travels in Asia Minor, p. 70 (1839).* Ti-abca s. Traha. — A sort of sledge, may be regarded as a variety of the Tribulum, in conjunction with which it is mentioned by VirgiP — Tribulaque traheaeque et iniquo pondere rastri. The words of Columella" leave no doubt as to the purpose for which it was cmplojed — At si competit, ut in area teralur frumentum, nihil dubium est, quin equis melius quam bubus ea res conjiciatur: et, si panca iuga sunt, adiicere Tribulam et Traham possis. RaHtrtim, — iu the plural usually Kastri, — is the general term for any toothed implement used for stirring the ground. Thus Varro' — Kastri, quibiis dentatis penitus eradunt ierram atque eruiint. The diminutive Rastelli cor- responds closely to our Jiand-rakes, — Rastelli, ut irpices, serrae Icves; ita qui homo in pratis, per fenisecta eo festucas corradit, quo ab rasu rastelli I R. R. 10. Comp. Varr. R. R. I. 22. ■< Tlie subject of ancient Plaiutra has been exliaustcfl by Scheffer, De Re Vehiculari veterum J I. c. lit (Fnicof. 1071), and Ginzrot, Die IViigen and Fahrwerkc der Griechen und Rijmer, cap. XII. M-iiq. (Miinchcn, 1H17). The cut given above, repiosenting a dung-cart, is copied from the last nier.tionca work. Tab. VII. fig. 1. and is talien from a Roman bas-relief. ■> Varro R. U. I. 62. « See also Varro L. L. V. § 18. where Mullerreads Trivolum. Colum. R. R. IL '.M. Plin. H. N. XVIII. ;jo. Scrv. ad Virg. G. I. 1G4. Sclieircr, De Re Vehiculari, L 7. i m^mm'> , m.m , 1^ termed emphatically,— 'k Bidens,^ was used for a great variety of purposes, and is still the favourite tool of the vineyard labourer, retaining in Italy its ancient name, — Bidcnte. Cato includes Rastri Quadridentes among the instrumenta required for the olive garden and vineyard." When the Rastrum assumed the form of a rake, it was occasionally, as among ourselves, made entirely of wood ; Columella specially enjoins that the seed of lucerne {imdica') should be covered up ligneis rastris, or, as he calls them in a subsequent chapter, — ligiieis rastellis J liigo. — The Ligo, like the Bidens, was used for loosening and turning up the soil ; and like the Rastrum, for breaking down tenacious clods. After examining and comparing the passages referred to below, we must arrive at the conclusion that it could not have been either a spade, as some, or a hatchet, as other scholars have imagined, but must, in all probability, have been a pick- axe, an instrument which will answer all the conditions.'* Marra. — All that we can say with regard to this implement is, that it was applied to the same purposes as the Ligo, and that it had a broad ii'on blade. Thus Columella (X. 71.)— Tu gravibus rastris cunctantia perfode terga, Tu penitus latis eradere viscera marris Ne dubita and again, V 87. — Aequora dulcis humi repetat mucrone bidentis, Mox bene cum glebis vivacis cespitis herbam Contimdat marrae seu fracti dente ligonis. Hence the Marra was, very probably, a one-hladed mattock, an instrument which is constantly seen in the hands of the field labourer in the south of Europe, and still retains its ancient name, being called Marra in Italy, and Marre de vigneron in France. Pliny, in the passage quoted above, when 1 Varro 1. c. These words are evidently corrupt, but the general meaning is clear, 2 G. I. 94. 3 H. N. XVIII. 20. * ViriE;. G. I. 1G4. 5 Lucret. V. 209. TibuU. I. i. 29. I. x. 49. II. iii. fi. Virp. G. II. 400. Ov. Fast. IV. 927. luv. S. III. 228. It was iirobably identical with the Greek hixiXka. 6 Cato R. R. 10. 11. 7 Col. R. R. II. 11. 13. » The passages which seem to indicate the form of the Ligo are,— Colum. R. R. X. 89. Ov. E. P. I. viii. 59. Amorr. III. x. 31. Stat. Theb. III. .^89. The following merely point out the uses to which it was applied,— Hor. Od. III. vi. 38. Epod. V. 30. Epp. I. xiv. 27. Mart. IV. Ixiv. 32. luv. S. VII. 33. XI. 89. Pallad. R. R. I. 43. simply names ligones in his list of instrumenta. 478 AGRICULTURE — IXSTRUMENTA. treating of the Bipalium, mentions the Marra in snch terms as to coni:rm ti.j view we have talien.' Pala. — This was a pointed spade or shovel. The actual upturning and Ftirring of the soil was performed chiefly by the plough, the ligo and the bidens, and the pala is mentioned specially in connection with swampy land and soft garden mould." That it was pointed at the extremity, appears from the vvords of Pliny, when he is enumerating the different kinds of shares ; one of which he describes as having a ciispis in mitcronem fasdgiata, and then adds — cuspis effigiem palae liahet.^ Cato ranks the j)ala among iron implements (^f err amenta)* but it was sometimes made of b-\rdwood, tipped or edged with iron — Turn mihi fiirato versetur robore pnlae Dulcis humus* .... and sometimes of wood alone {palae Ugneae),^ in which case it was used for turning over and winnowing corn, and was in this form probably identical with the Ventilabrum,'' the tttvoi/ of the Greeks. Bipniiiim. — Occasionally, for deep digging or trenching, a Pala of great size and strength was employed, and in this shape was termed Bipalium. The ordinary length of the iron blade must have been two feet and upwards ; for Columella says^ — satis erit, non alto hipalio, id est., minus duos pedes ferra- mento., novate converti. The above is the account of the Bipalium given in the most approved works on Archaeology ; but there is a passage in Pliny^ which, if there be no error in the text, seems to prove that he at least gave this name to the double iron prong of the Bidens — Solum apricum el quam ampUssimum in seminario sive in vinea, bidente pastinari debet ternos pedes hipalio alto: marra reici quateriium pedum ferramento.^" Rutrum also must have been some kind of spade or shovel, judging from the purposes to which it was applied. Thus it was used for stirring and tempering plaster, stucco," and mixtures of various kinds;'-' while Ovid represents Celer as killing Remus with a Rutrum., when the latter leaped over the newly-cut trench which marked the circuit of the infant city — Nee mora transiluit, ratro Celer occupat ausum, lUe premit duram sanguinolentus humum." Ruielliim, apparently the diminutive from the above, must have been what is now termed a corn strike, i. e., a cylindrical piece of wood, with which the grain in a measure is scraped level with the brim.'* ' There is, however, another passage in Pliny, H. N. XVIII. 16. in wliich he speaks of cuttins lucerne, when three years old, close to the ground with " matrii,'' which it is difficult to reconcile with our idea of a common mattock. luveual XV. 1()7. mentions marrae In general terms along with sarcula, raslra, and the vomer, and so again III. 31 1. M'lin. H. N. XVIII. 6. Comp. XVII. 17. Colum. X. 4.5. In digging a ditch the earth would be tirst loosened hy tho lirjo or mattock, and then thrown out with the shovel; hence, Cincmnatus is represented (Liv. III. afi.) as having been fonv I fossam fodiens palne innixus, where, however, palae is a conjectural emendation for j>ato, and soine edd. read bipalio. '■> H. N. XVIII. 18. 4 a. J{. 10. 1 1. 5 Colum. X. 45. ' Cato H. R. I !. ' Col. R. R. II. 10. "R. R. XI. 3. ScQ also v. G. bipalio pastinabimus. Cato R. R. 6. 45. 151. Varro R. R. L 31 nin. H. N. XVIII. 2C. » II. N. XVII. 21. I" Molt edd. have/ir//«>i/o, which Is unintelligible. " Hallad. R. It. j. l.j. Vitruv. VII. 3. I'lin. 11. N. XXXVI. -'.t. j* Cato It. R. :i7. rj8. Comp. 10. 1 1. Varro L. L. V. § 134. td. AliiU, Ov. F. IV. S43. Comp. Varro ap. Non. s. v. liutrum, p. 18. " LucU ap. Non. L c. AGRICULTURE — INSTRUMENTA. 479 Pasiinum. — The verb pastino and the substantive pastinatio are used by the agricultural writers to denote the operation of deep digging or trenching, which seems to have been usually performed with the bidens or the bipalium.^ But the instrument called Pastinum was not, as we might have supposed, a spade or pickaxe, but a two-pronged dibble for setting young plants. Thus Columella — Pastinum vacant agricolae ferramentum bifurcum, quo semina vanguntur.' Palladius uses pastinum sometimes as equivalent to pastinatio, and sometimes in the sense of ground that has been trenched, i. e., solum pastinatum.^ Sarcnluui s. !>$arculus. — The chief use of the Sarculum was to loosen the soil and destroy the weeds around the roots of the growing corn, which was sowed in such a manner as to spring up in regular rows or drills, the operation being called sarritio. Although we have no distinct account of the form of this instrument, we can scarcely doubt that it resembled our common hoe, which is used for a similar purpose in turnip husbandry, and is also applied, like the Sarctdum, to many other purposes connected with stirring and pulverizing the ground. Columella describes very graphically the process of " earthing up " young vegetables in a garden with the Sarciduin.* Palladius ^ distinguislies between Sarculos simplices and Sarculos bicornes. What the latter may have been, it is hard to discover, unless we suppose with Dickson that it was a double-bladed hoe, constructed in such a manner that one-half «ould go on each side of a row of com, and heap up the earth towards the plants. Dolabra dim. Dolabella. — This was a Strong broad chisel set straight upon a long wooden handle.* It was extensively employed in the construction of field works, and in various other military operations, and was one of the chief tools of the carpenter, while the use to which it was applied in agriculture is fully explained by Columella,' — JVec minus dolabra quam vomere bubulcus utatur: et praefractas stirpes, summasque radices, qidbus ager arbusto con- situs implicatur, omnes refodiat ac perseqiiatur. The dolabra, or dolabella, likewise answered the purpose of a small spade in the hands of the gardener and the vine-dresser.' Sometimes an axe had, as is well known, a double blade, in which form it was called Bipennis, and sometimes instead of the second blade a dolabra was attached. Such an instrument was termed Securis dolabrata.^ Falx dim. Falciila, was the general name for any cutting instru- ment with a curved edge, and included the Scythe of the mower (F. foenaria), the Sickle of the reaper (F. messoria — stramentaria), the Bill of the hedger and the forester {F. silvatica — arborea — ruscaria — lumaria— sirpicida^ &nd the Pruning-knife of the gar- 1 e. g., Colum. R. R. III. 13. Plin. H. N. XVII. 21. 2 Colum. R. K. III. 18. 3 Pallad. R. R. II. 10. III. 9. The operation of Pastinatio is mentioned very frequently in connection witli tlie preparation of land for the formation of <. vineyard. See Colum. R. R. IV. 13. 15. 16. *CatoR. R. 10. Colum. II. 11. X 91. Plin. H. N. XVllI. 19. & R. R. I. 43. 6 The different modifications and uses of the Dolabra have heen fully described and illustrated by Mr. James Yates, in a paper contained in the Gth volume of the Archaeological Journal. See also his excellent article " Uolabra," in t\\t Dictionary of Greek and Roman Antiquities, edited by Doctor Smith, as it stands in the first edition of that work, for in the second edition it is mucU curtailed. ' R. R. II. 2. Comp. Pallad. R. R. II. 3. 8 Pallad. R. R. III. 21. Colum. R. R. IV. 24. 'J Pallad. R. R. 1. 43. who opposes it to the Hecuris simplex. 480 AGEICULTUEE — PLOUGHING. dener and the vine-dresser (JFI putatoria — vinitoria s. vineatica)} Columella describes minutely the somewhat complicated form of the Falx Vinitoria, which will be understood from the annexed cut, which is copied from a representa- tion found in several MSS. of that writer.' Vannns, called by Virgil viystica vannus laccM,^ was certainly an instru- ment for winnowing corn, — ipsae autem spicae melius fustihus tunduntur vannisgiie expiirgantur* and was probably identical with the Greek X/kvov. Our only information with regard to its form is derived from the words of Ser- vius, who calls it crihrwn areale, from which we conclude that it was a kind of sieve, — and shallow baskets of this shape are to be seen in various repre- sentations of Bacchanalian ceremonies, containing the sacred utensils, and borne on the heads of attendants, who were hence termed htxi/oipopoi. 3. Res. The most important operations performed by the farmer were, — (1.) Aratio (ploughing). (2.) Occatio (harrowing). (8.) Satio — Sementis (sowing). (4.) Sarritio et Rtincatio (hoeing and weeding). (5.) Messio (reaping). (6.) Tritura et Ventilatio (thrashing and winnowing). (7.) Conditio (storing). (1.) Aratio; (2.) Occatio; (3.) Satio.^ — The number of ploughings requisite in order to render the land fit for the reception of seed, depends upon so many contingencies — the nature of the soil, the condition of the soil, the crop desired — that no rule could ever be laid down of universal application. But, according to Roman practice, land, when about to receive a crop, was seldom ploughed less than twice, or more than four times. "When a lea field (ager novalis} was broken up, the ploughman, when he gave the first ploughing, was said jyroscindere — when he gave the second, iterare, or offringere, because this was usually a cross ploughing (G. I. 97.) — Et qiii proscisso quae suscitat aeqnore terga Em-sus in obliquum verso perrumpit aratro, — When he gave the third, tertiare. If the soil was stiff, after each ploughing, the clods (glehae inertes) were broken down with heavy hand-rakes (rastris) or by dragging hurdles {crates) over the surface, and these were sometimes toothed (crates dentatae). This operation was termed Occatio. and resembled in every respect harrowing, — (G.I. 94.)- ^ ^ ^ Multum adeo rastris glebas qui frangit inertes, Vimiiieasque trahit crates, iuvat arva. . . . "When the soil was completely pulverized and presented a perfectly smooth sur- face, which was generally achieved by the second or third plougliing and har- rowing, the seed corn was cast upon the ground, a pair of mould-boards (hinae aures) were attached to the share beam (dentalia), and the seed was ploughed in, the land being by this operation ribbed or raised in ridges, as in potato or turnip husbandry. In giving this last ploughing, the husbandman was said 1 Cato R. R. 10 n. Varro R. R. I. 22. L. L. V. § 137. ed. MiiU. Pallad. R. R. I. 43. f Colum. R. R. IV. 25. ■' Virc- Gcorc. I. 166. and note of Scrvius. ♦ Colum. P^ R. II. 21. T '. ^0.'.'""?; V- ?; o^?- ^°- "• ^3- ^^- 2- 3. Plin. H. N. XYIII. 17. 19. 20. 24. 26. Varr. R. 14. I. 1. 29. Cato R. R. CI. AGKICULTURE — HOEIKG — REAPING — THRASHING. 481 lirare s. in liram redigere, the elevated ridge of earth was called porca, the depression between each two porcae was called ZiVa or sulcus. Sometimes, however, the land was prepared for sowing by ploughing it m ridges before sowing, then casting the seed into the furrows, and covering it up by harrows as among ourselves. This was regarded as inferior husbandry, for it was held that the soil ought to be completely pulverized before the seed was committed to the ground ; that this, however, was not always the case is evident from the lines (G. I. 104.) — Quid dicam, iacto qui semine, comminns arva Insequitur cumulosque ruit male pinguis arenae. (4.) Sarritio et Runcatio.^ — It will be understood from what has been said above with regard to the mode of covering up the seed, that the young plants would spring in regular rows, leaving a considerable space between the drills, so that two operations, little resorted to by the modem farmer in the case of corn crops, could be performed with safety and facility. These were hand hoeing, called sarritio, executed with an instrument called sarculum, the object being to loosen the soil and admit air and moisture to the young plants; and weeding, called runcatio, which was performed at a subsequent stage in the growth of the crop — suMungenda deinde est sarritioni runcatio — and both operations were repeated as often as circumstances seemed to demand. Hand hoeing and weeding were among the ordinary and regular operations performed upon the corn crops, but there were others resorted to occasionally only and to meet particular emergencies — thus, when the young com was too rank, the over luxuriance was checked by depasturing it, as enjoined by Virgil (G. I. 111.)— Quid qui ne gravidis procumbat cuhnus aristis Lusuriem segetum tenera depascit in herba, — when the crop was parched by excessive drought, the husbandman betook himself to irrigation, as described in the charming lines (G. I. 106.) — Deinde satis fluvimn inducit rivosque sequent«s, &c., this being different, however, from the systematic irrigation which formed part of the established culture in some districts. (5.) Messio.- — ^Mention is made by Varro of three different modes of reaping com (frumenti tria genera sunt messionis) adopted in different parts of Italy. According to one method, the stem was shorn close to the ground with a reap- ing hook (/a&), and the ears were then cut off from the straw, and carried away in baskets (corhes) ; accordmg to the second, the ears alone were cut off with a small saw, fitted into a crooked wooden handle; according to the third, the stem was divided midway between the ear and the root. When either the second or the third method was followed, the straw left standing was subse- quently mown. (6.) (7.) Tritura — Ventilatio — Conditio.^ — The mode of thrashing corn followed by the ancient Romans is still retained in southern Italy, in Greece, and in the East, and is frequently alluded to in Scripture. A small plot of ground, generally of a circular form, was marked out in the immediate vicinity of the Villa ; it was surrounded with a low wall, the surface was either levelled, » Colmn R. R. II. 12. 13. Plin. H. N. XVIII. 21. 26. Cato R. R. 37. Varr. R. R L IS. 30. 36. 2 Vario R. R. I. 50. Colum. R. R. IL '.^1. Plin. H. N. XVIII. SO. ^ Varro R. P- I. 13. 51. 52. 63. 57. Colum. R. R. L 6. U. 20. Cato R R. 91. 129. Plin. H, K. XVIli. 30. 2 r 482 AGRICULTUKE — TIMES JlSD SEASONS. or raised slightly in the centre, was made perfectly smooth, and hardened into a sort of concrete by the addition of chalk and other materials — the space thus prepared was called Area (G. I. 178J — Area cum primis ingenti aequanda cylindro Et vertenda manu, et creta solidanda tenaci Ne subeant herbae, neu pulvere victa fatiscat. To this enclosure the ears of com, either cut close off, or with a portion of the straw attached, were conveyed and spread out, and the grain was then trodden or ruhbed out {terete) by oxen or horses driven round and round. In order that the ears might be turned over, and every portion subjected in turn to the tread- ing action of the feet, heavy beams of wood, with iron spikes attached, called Tribula and Traheae were dragged backwards and forwards by some of the animals. The corn was tlien winnowed by tossing it in the air by a wooden shovel called ventilabrum, or by agitating it in a sieve called vayinus, and when thoroughly cleaned, was stored up in carefully constructed granaries (jgranaria — horrea). Sometimes, however, when the ears of corn were cut close off from the straw, they were conveyed to the barn (Jiorreum), and there the grain was beaten out with flails (baculis excutere — fustihus tundere).^ 4. Tempora.* The seasons at which the different operations were performed necessarily varied greatly according to circumstances. Thus, rich strong land was ploughed early in spring, and again before the summer solstice, while dry poor soil was not ploughed at all until autumn. Virgil gives the precept distinctly, and adds the reasons (G. I. 63.) — Ergo age terrae Pingue solum primis extemplo a mensibus anni Fortes invertant tauri, glebasque iacentes Pulverulenta coquat maturis solibus aestas. At si non fuerit tellus fecunda, sub ipsum Arcturuin sat erit tenui suspendere siilco : Illic, officiant laetis ne fragibus herbae, Hie, sterilem exiguus ne deserat humor arenam. So also different crops were sown at different seasons. Wheat, as among ourselves, might be sown twice a-year, towards the close of autumn, and in spring, the latter being called trimestris satio, because the grain was reaped about three months after it was sown. Virgil speaks of the autumn sowing only, and says that the farmer ought not to commence before the latter end of October (G. 1.219.)— At si triticeam in messem robustaque farra Exercebis humum, solisque instabis aristis, Ante tibi Eoae Atlantides abscondantur Debita quam sulcis committas semiua, &c. > Colnm. R. R. IL 2L « Tlie Eleventh Book of Columella is almost entirely occupied by an exposition of the seasons Of tlie year in which the dift'erent operations of Afiiiculture ought to be performed,— /ta?«e pratctjnemui quid quoqne mensn faciendum sit, sic temporiOus accomniodantes opera riiris, ut perriiiseril status coeli: cuius vnrietatem mutationemque, si ex hoc rommeiitario faeiit praemonitus ?R i!"i ""' ""n?"""* dicipietur, aut certe non frequenter, c. 2. Varro also devotes ten chapters IK. It. 1. 27. .... 3G.) to the same topic, dividing the year into eicht Jn«frnaW/, and tlie wtiole worlc of PaUadius, as noticed above, is thrown into the fonn of a Kulendarium Jiusti- cum, a. book being devoted to each mouth. See also I'iin. H. N. XVIII- 20. 26. 27. 28. 29. AGRICULTURE — CROPS. .483 In like manner the poet tells us that hordeum (barley), linum (flax), papavera (poppies), vicia (the vetch), and faselus (the kidney-bean), ought to be sown about the beginning of November, hut faba (the bean), medica (lucerne), and milium (millet), in spring. Even here the practice varied in different parts of Italy, for Pliny remarks upon bean sowing that Virgil describes the usage of his native province on the Po, while in central and southern Italy beans were commonly sown in autumn. Under the head of Tempora would fall the consideration of days propitious for work (felices opernm) and those on which it was unlucky to commence any undertaking (G. I. 276.)— Ipsa dies alios alio dedit ordine Luna Felices operum — Quintam fuge, &c. — moreover certain tasks could be performed without impiety even on days consecrated to the gods (G. I. 268.) — Quippe etiam fastis quaedam exercere diebus Fas et iura sinunt. . . — some occupations could be prosecuted in bad weather (G. I. 259.) — Frigidus agricolam si quando continet imber Multa, &c. — some even in winter (G. I. 291.) — Et quidam seres hibemi ad luminis ignes Pervigilat — nay, particular hours of the day were regarded as peculiarly appropriate to certain toils. Thus grass and stubble were best cut during the night or in the early morning when the ground was still wet with dew — Multa adeo gelida melius se nocte dedere, while ploughing, sowing, reaping, and thrashing succeeded best during the noontide heat (G. I. 297.)— At rubicunda Ceres medio succiditur aestu Et medio tostas aestu terit area fruges. Nudus ara, sere nudus Under the head of Tempora would fall also, in ancient times, that knowledge of astronomy which taught the rustic to determine the different epochs of the year by observing the position of some conspicuous stars and constellations with regard to the sun (G. I. 267.) — Nee finistra signorum obitus speculamnr et ortus, and also that familiarity with certain natural appearances which enables those who have resided long in any particular locality to predict changes in the weather. These prognostics were termed by the Greeks AtoaY}fietct, and the poem of Aratus bearing that title has been closely followed by Virgil in several passages of the first Georgic. Crops.— We may now briefly enumerate the chief crops cultivated by the Romans, the objects of the various operations detailed above. 484 AGKICULTUEE — CROPS — ROTATION OF CROPS. 1. Cora Crops (frumenta). — Of these the most important was wheat, and of this cereal two distinct species were in common use, Far and Triticum. Far, said to have been the grain first cultivated in Italy, is the species known to botanists as Triticum Spelia, or Spelt Wheat, and is still raised on high and poor soils in central Europe. It is much coarser than common wheat, and the husk adheres so closely to the grain that it cannot be separated by thrashing, but must be removed by a process similar to that applied to oats and barley before they are ground into meal. This operation was designated by the verb pinsere, the place where it was performed as pistrinum, and the workman as pistor, words which, strictly speaking, are distinguished from molere and its derivatives. But in ancient times the grain was husked, ground, and baked in the same place and by the same person, and hence pistrinum frequently denotes a mill or a bakehouse, and p>istor usually signifies a baker. Triticum seems to have been specifically the same with the wheat culti- vated by ourselves, and, like it, admitted of many varieties, the most common of M'hich were Siligo, Robur, Ador, and Seme?! Trimestre— the last we may identify with our spring wheat. Hordeum (barley) also was cultivated largely, and, to a more limited extent. Milium (millet) and Secale (rye). Avena (the oat) does not succeed in a climate so hot as that of Italy, and, when sown, was probably cut green for forage. 2. Leguminous Crops (Legumina). — Of these the most important were — Faba (the bean); Pisum (the pea); Faselus (the kidney beau); Vicia (the vetch) ; Lens s. Lenticula (the lentile) ; Cicer (the chick pea) ; Lupinus (the lupine). 3. Forage Crops (Pahula). — Of these the most important were — Foenum (hay); Mcdica (lucerne); Ervum (tares). It was common to sow together various kinds of grain, tares, and vetches, and to cut the whole when green, such a combination being called farrago. To this class belong Napus (rape), and Rapum (the turnip), which were extensively cultivated in Gaul, 4. Crops cultivated for their fibre.— Of these the chief were Linum (flax), and Cannabis (hemp). 5. Crops cultivated for the sake of other crops. — To this class belonged Arundo (the reed), extensively used for the support of vines, and Salix (the osier) employed for withes and baskets. _ Papavera (poppies), which were raised for the sake of the oil which they yielded, cannot be conveniently ranked under any of the above heads. manuring— Fallows — Roiatiou of Crops, &c. — Laud will not continue- to produce crops for an indefinite number of years in succession, unless means are taken to stimulate and recruit its powers. This may be effected in two wayso 1. By repose. 2. By the application of manure (stercoratio), combined with a change of crops. The usual practice among the Romans was to allow corn land to lie fallow every alternate year. This is evident from the precepts of Virgil, who enjoins the farmer to plough rich land early in spring, and to sow late in autumn, thus implying that the ground remained unproductive during the interval. This system of Summer Falloivs, as it is called, prevailed extensively in England until a recent period, but has now been in a great measure superseded by unproved modes of cidturo. AGRICULTURE — BOTATION OF CROPS. 485 Some land, however, was naturally so rich that it was cropped every year, and hence was called Agcr restibilis; but in this case it was necessary to apply manure liberally. On the other hand. Novate, or Ager Novalis, is the term commonly used to designate land which was allowed to repose for a year, and then broken up afresh — Novale est quod alternis annis seritur. Again, Vervactum, which properly signifies land ploughed in spring — quod vere semel aratum est, a temporis argumenio vervactoi vacatur — is also opposed to Ager restibilis, because land ploughed in spring was, generally speaking, not sown until the following autumn, and therefore rested for a season.' The ancient agriculturist was fully alive to the importance of collecting as much manure {^stercus) as possible. — Sterquilinium magnum stude ut habeas: stercus sedula conserva, are the words of Cato, and minute directions are given for preparing and applying it. Varro recommends the formation of two dung- hills (^Sterquilinia), or one large dunghill in two divisions, close to the farm- house (secundum villain), one for old and well-rotted dung ready for use, the other as a receptacle for all fresh additions." But however rich land may be, and however highly manured, if the same kind of crop is sown for several years in succession upon the same ground, it rapidly degenerates ; and hence the necessity, well known to the ancients, of what is now called a Rotation, that is, of varying the crops, so that corn, leguminous plants, and forage shall succeed each other in a certain cycle. The passage in Virgil (G. I. 71.-83.) in which he touches upon this theme is somewhat obscure, and has been vai-iously interpreted, but the true meaning seems to be as follows : — 1. The exhausted energies of the soil may be recruited by a summer fallow — by allowing the ground to remain uncropped every other year (alternis amm cessare), 71. 72. 2. But if the extent of the farm is not sufficient to admit of this, the same object may be attained by varying the crop in such a manner that corn (farra) shall be succeeded by green crops, such as vetches, beans, and lupines, 73.-76. 3. However, flax, poppies, and oats must be excluded from the rotation, for, although they are not corn crops, they scourge (urunt) the ground, and, there- fore, cannot be employed to recruit it, 77. 78. 4. But, if you keep flax, &c., out of your rotation, it will be easy work for the land, although you crop it every year, provided you vary the crop {alternis enimfacilis labor ), and give the ground plenty of rich manure, for, by a change of crops the land does, as it were, find repose, and thus, although not yielding corn, is not altogether unproductive. 1 Cato R. R. 27. 35. Varro E. R. I. 29. 44. L. L. V. § 39. ed. Mull. Colum. R. R. II. 9. 10. XI. 2. § 32. Plin. H. N. XVIII. 19. 21. 23. Ager novalis, or Novale solum, are sometimes used to denote land newly brought into cultivation; and hence land in a state of nature, pasture that has never been ploughed. ■^ Cato R. R. h. 37. Varro R R I. 13. 38. Colum. R. R. II. 15. Plin. H. N. XVII. 9. 3 The main difficulty of the passage lies in the word alternis. In line 71. all agree in under- standing alternis to mean alternis annis, and to refer to a summer fallow : but in line 79, Sed (amen alternis facHis labor, taken in connection with what follows, and especiaUy with Sic quoque mutatis requiescunt foetibus arva, it would appear that alternis must denote the alternation of a green crop with a corn crop. 486 AGBICULTUKE — PEOPAGATION OF TEEES. Cultus Arborum. PropagaHon of Trees.— Virgil (G. II. 9.) enters upon this portion of his subject by describing the different ways in which trees are propagated — Principio arboribus varia est natura creandis, and of these he enumerates nine, three natural and six artificial.* Natoi-al iTlethods. {Hos natura modos primum dedit.) — 1. Some trees spring up and cover the ground spontaneously (sponte sua), the soil producing them, apparently, without seed. Such are broom (humiles genistae), osiers {molle siler), and natural copse (frutices). 2. Others spring from seed which has been visibly dropped (posito de semine). 3. Others are multiplied by suckers (PuHulat ah radice aliis densissima silva'). Artificial methods. {Quos ipse via sibi reperit usus.) — 1. Tearing away the suckers (plantae) and planting them out in regular treuchea — Hie plantas tenero abscidens de corpora matrum Deposuit sulcis 2. Cutting off portions of the root (stirpes") and burying them in the ground either split across (quadrijidas sudes), or sharpened to a point {acuta robore vallos). 3. By layers (pressos propaginis arcus). 4. By slips or cuttings (nil radicis egent aliae, &c.) 5. By planting pieces of the solid wood, as in the propagation of the olive — Quin et caudicibns sectis, mirabile dicta, Truditur e sicco radix oleagina ligno. 6. By grafting or budding {inserere — insitio — oculos imponere). Without dwelling longer upon trees in general, we may at once pass on to the consideration of those two which were of paramount importance to the Italian agriculturist — tlie vine and the olive. Cultivation of the Vine.* — When a farmer was about to form a vineyard, the first inquiry was whether, taking into account the circumstances of the locality, it would be advisable to select a level spot or sloping ground (G. II. 275.)— Collibus an piano melius sit ponere vitem Quaere prius. . . . It was well known that a larger quantity of grapes could be obtained from rich low-lying land, but that the quality of the wine grown upon light hilly soil was superior — fere autem omni statu locorum campestria largius vinum, sed iucundius afferunt collina (Colum. III. 2.) The site having been fixed, the next care was to select those kinds of vine which were best suited to the place, no easy task, for the varieties known to the ancients were so numerous that Virgil, after enumerating a few, exclaims that it would be more easy to count the waves or the sands on the sea shore, than to examine all the different kinds and rehearse their names (G. II. 103. comp. Colum. III. 2.) > Comp. Varro R. B. I. 39. 40. Plln. H. N. XVII. 10. * Many scholars believe that ttirpes here mean portions of thick branches. Columella devotes nearly the whole contents of four books (III. IV. V. VI.) to the cnltivation of the vine, enterine into the most minute details. Varro touches very lichtly on the subject, K. K. L 8. 25. 26. Pliny dwells much upon the vine in H. N. XVIL especially in chapters 21. 22. J, See also Cato, a E. 2«. i'i. 82. 33. 41. 43. 49. 137. »- ^ i- AGRICULTURE— CULTIVATION OF THE VINE. 487 Propagation of the Vine. — Several methods are mentioned by ancient writers, and VirgU seems specially to approve of that by layers (G. U. 62.) — Sed tmncis oleae melius, propagiue vites Eespondent but the one generally adopted was that by malleoli. The malleolus was a young shoot cut from the vine with a small knob of the wood of the preceding year projecting on each side, so as to present the form of a little hammer, and hence the name. Columella describes it most distinctly (III. 6.) — Malleolus autem novellus est palmes, innatus prions anni Jlagello., cognominatusque a similitudine rei, quod in ea parte quae deciditur ex vetere sarmento prominens utrinque malleoli speciem praebet. The malleoli were planted out in a nur- sery (^seminarium vitiarium}, the soil of which was prepared for their reception by repeated diggings, and those who were most careful selected for this purpose a spot resembling, as closely as might be, in quality and exposure, the ground to which they were idtimately to be transferred (G. II. 268.) — Mntatam ignorent subito ne semina matrem. At the end of three years the malleoli, having in the meantime been properly pruned, had formed vigorous roots: hence they were now termed Viviradices, and were ready to be transplanted. The vivaridices were planted out in the vineyard which had been prepared for then: reception in one of three modes (Plin. H. N. XVII. 35.) 1. In pastinato, i. e., when the whole surface had been deeply trenched, and the soil completely pulverized by repeated manipulations, this was regarded as the best mode. 2. In sulco, i. e.. in trenches. 3. In scrobe, i. e., in pits. In any case, the young plants (^semina') stood in parallel rows (ordines), those in each row were placed at equal distances from each other, and the distance between each of the parallel rows was equal to the distance between each plant in the row ; so that each vine had exactly the same amount of free space all round. The distance between each vine varied in different localities, according to the quality of the soil — .... Si pinguis agros metabere campi, Densa sere, in denso non segnior nbere Bacchus ; Sin tumulis adclive solum collisque supinos Indulge ordinibusi — According to Pliny, the distance in the richest land was not less than four, and in the poorest not more than eight feet ; but others allow an interval of ten feet. Down the middle of the vineyard ran a road called Limes decumanus, or simply Decumanus, eighteen feet broad, so as to admit of two carts passing each other; a series of narrower paths called semitae or viae were formed, some parallel, and others at right angles to the decumanus, the distance between the semitae being always the same. In this manner, the whole vineyard was divided into square plots of equal size, which were termed antes, horti, or hortuli, each hortus containing one hundred plants. The circumstance that the viae or semitae were all either at right angles or parallel to the decumanus, is indicated by Virgil, when he says — . . , . nee seeius omnis in unguem Arbonbos positis secto via limite quadret. 1 Columella, however, says exactly the reverse, E. H. IIL 15, 488 AGRICULTURE — CULTIVATION OF THE TINE. The vines were sometimes set simply in ordinary rows — • « « « « and sometimes arranged in the form called a quincunx^ — Supports for the Vines. — On the manner in which the vines were supported depended the technical distinction between an Arbustum and a Vinea or Vinetum proper. In an arbustum (i. e., arbor isetuni)^ the vines were supported by growing trees planted for this purpose in rows at regular intervals, the ground between the rows being frequently cultivated for other crops. The trees most commonly employed were the elm (jdmisquc aditmgere vites) and the poplar. The union between the fragile, yielding, fruitful vine and the sturdy stock by which it was sustained, was frequently compared, both by poets and prose writers, to the marriage state; hence the celebrated simile in Catullus LXII. 49 seqq. — Ut vidua in nudo vitis quae nascitur arvo At si forte eadem est ulmo coniuncta marito, and the expression of Horace when describing the pursuits of a rural life (Epod. Ergo aut adulta vitium propagine Altas maritut populos. Sometimes the trees in an arbustum were not allowed to rise higher than fifteen or twenty feet, which is the general practice in many parts of northern Italy at ' See on the whole of this subject, Plin. H. N. XVII. il. 22. XVIIL 34. Colum. R R. IIL 13. 15. 01. IV. IS. 2U. X 370. Virg. G. II. 273, seqcj. 417. AGRICULTURE — CULTIVATION OF THE VINE. 489 present, but frequently were permitted to attain to their full height, as is common to this day in Campania. In the latter case, the branches were pruned in such a manner as to present a series of storeys or stages called labulata, and to these Virgil alludes (G. II. 361.; comp. Colum. V. 6.)~ . . , Summasque sequi tabulata per iilmos. In the Vinea or Vinetum proper the vines were either left to trail upon the ground, partially supporting themselves (sparsis per terram palmitibus aut per se vite subrecta — Pliu. XXXV. 6.)» as we now see them in some parts of Pi;ovence, or they were supported {vites pedatae) by props (adminicula — pedamenta)^ which were eitlier entire sticks (pali), or pieces of cleft timber (ridicae.) Again, the vine was either attached to a single upright support {adminiculum sine iugo), as in all the finest vineyards of modern France, or to two uprights and a cross piece (pedatae simplici iugo), or they were trained upon a sort of trellis formed by four uprights set in the angles of a square, and connected by cross pieces at top, so as to form a kind of roof (compluviatae quadruplici iugo), both of the last mentioned arrangements being still very common in Italy. The cross pieces which formed the connection at top, were either poles (j)erticae), or ropes (funiculi), or strands of hair (amines). Different operations performed on the Vine. — Both when in the Seminarium and after it had been transplanted to the Vinea, the young vine was repeatedly cut down nearly to the ground, in order that the roots might acquire vigour, and was not allowed to bear fruit until the seventh year — antequam septimum annum a sarculo compleat — Plin. H. N. XVII. 35,), but when the vineyard was in full bearing, the ordinary operations performed each year were four — 1. Pastinatio. 2. Pampinatio. 3. Putatio. 4. Ablaqueatio. 1. Pastinatio, i. e., trenching. The whole vineyard was dug three or four times at least each year (G. II. 398.) — Omne quotannis Terqne quaterque solum scindendum, glebaque versis Aeternum frangenda bidentibus the instrument usually employed being the Bidens, which is still in common use for the same purpose, although the plough was occasionally resorted to. 2. Pampinatio, i. e., leaf-plucking. — A portion of the vine leaves were removed by the hand — omne levandum fronde nemus — twice each year ; once in spring before the plant began to blossom, and again in autumn after the grapes were formed, in order to admit the sun freely to the fruit. 3. Putatio, i. e., pruning. — The superfluous shoots (sarmenta) were usually pruned off after the conclusion of the vintage ; the knife employed, called Falx Vinitoria, was of a peculiar form, and has been minutely described by Colu- mella, IV. 2. ; and represented above, p. 480. 4. Ablaqueatio. — This operation was performed late in October, and con- sisted in digging round the vine so as to expose the upper portion of the roots; those which approached within eighteen inches of the surface were lopped off, the remainder were left open to the weather for a longer or shorter period according to the climate, and, before the hole was filled up, a little manure was occasionally thrown in. With regard to the vintage (vindemia), the treatment of the grapes, and the process of making and preserving wine, we have already spoken, p. 437.' 1 See Cato R. R. 28. 29. 31. 42,-46. .51. 64—68. 93. 100. U7.-lia. Varro R.B. 1. 21 55. 60. 64. 66. Colum. R. R. III. 17. VI. 6. 7. Plin. U. N. XVIL 18. 190 AGRICULTtJEE— CULTIVATION OF THE OLU'E. Culture of the Olive. — While the vine demanded constant watchfulness and unceasing toil, the management of the olive was so easy that, comparatively, it might be said to require no cultivation (G. II. 420.) — Contra, non ulla est oleis cultura, . . . The operation of Ahlaqueado^ the same as that described above in the case of the vine, performed each autumn — the occasional loosening of the soil in the olive-yard, either with the Bidens ov the plough — and pruning at long intervals, were sufficient to keep the plant in health, and to secure abundant crops — thus Columella, V. 9. — Quinetiam compluribus interpositis annis olivetum piUandum est: nam. veteris proverbii meminisse convenit, eum qui aret olivetum, rogare fructiim ; qui siercoret, exorare ; qui caedat, cogere. Propagation of the Olive. — The mode generally adopted was curious. A seminarium having been carefully prepared, young, long, healthy, fruitful branches, about the thickness of a man's wrist, were detached from a full grown tree. These branches were cut transversely into sections eighteen inches in length, which are called trunci by Virgil (G. II. 63.), and taleae by Columella. The extremities of tlie taleae were smeared over with a mixture of dung and ashes, and then planted in the seininarium to such a depth that the top of the talea should be three inches under the surface, care being taken at the same time that the extremity of the talea which was uppermost in the parent branch should be uppermost in the ground. At the end of five years, the plants, having been regularly cleaned and pruned, had become little trees (arhusculae)^ and were fit to be transplanted out in the Olivetum. (Colum. V. 9.) There was another mode of propagating the olive known to Virgil, which consisted in cutting up the trunk of an old olive tree into small billets, for these, if planted out, would germinate (G. II. 30.) This practice is still occasionally followed in Italy, where the stock is divided into pieces, resembling a mushroom in shape and size, from which circumstance they are called novoli. Gathering the Olives. — The olive harvest (oleitas) usually took place in December. The olives were first crushed in a sort of mill {mola olearia) and tlien subjected to the action of the oil press {trapetum — teritur Sicyonia hacca trapetis'). With regard to the oil (Olivum, Oleum) thus obtained, nothing need be said, but there was another product called amurca, the nature of which is frenu2ntly misunderstood in consequence of the somewhat inconsistent expla- nations of lexicographers, who render the word lees of oil, or scum of oil. In fact, the pulp of the olive (caro), when expressed, yields two distinct fluids, oil, and a dark coloured watery fluid heavier than the oil. This dark coloured watery fluid is the amurca of the Eomans, the d/aooyy] of the Greeks, and, although not an article of food, was used by the ancients for a great variety of purposes, many of which are enumerated by Pliny (H. N. XV. 8. XXIII. 3 Comp. Virg. G. I. 194. HI. 448). II. Pastio s. Res Pastoricia s. Res Pecuaria. Technie&Wy, Agricultura is opposed to Pastio; Colonus to Pastor; and dcscemling to subdivisions Segetes to Prata ; Arator to Opilio; Boves domiti to Arvienlum ; Buhulcus to Armeutarius. » The Mola Olenria and the Trupelum were combined in one machine, which has been ela- borately described by Catu (U. K. M. 21. k:2.) in a passage whicii scholars have vainly striven to cwii prebend and expluiu. AGRICULTUEE — PASTIO. 491 Pastio includes everything connected with providing and managing stock. The division of the general term Pastio into Pastio Agrestis and Pastio Villalica we have already explained. 1. Pastio Agrestis.^ The different kinds of domestic animals comprehended under this head were — 1. Oves (sheep) ; 2. Caprae (goats) ; 3. Sues (swine) ; 4. Boves (kine) ; 6. Asini (asses) ; 6. Equi (horses) ; 7. Muli (mules) ; to which were added — 8. Canes (dogs) ; 9. Pastores (shepherds and herdsmen). Providing Stock.^ — The matters to be inquired into when providing a stock of domestic animals (in pecore parando) were four — 1. The age (qua aetate) ; 2. The breed (quo semiuio); 3. The points (qua forma)] 4. The legal forms of purcliase and warranty (stipulatio). Managing Stock.^ — Suitable Stock having been provided, the matters to be considered in reference to management were five — 1. Feeding (pastio); 2. Breed- ing (foetura), extending a conceptu ad partum ; 3. Rearing the young stock (nutricatus) ; 4. Preserving the stock in health, and applying the proper reme- dies in disease (sanitas) ; 6. Determining the proper numbers (numerus), that is, the total number of animals to be kept ; the number of each kind ; the pro- per size of each flock and herd ; the relative proportion of males and females, of full grown and of yoimg animals ; the amount of surplus stock (reiiculae — delectus quotannis habendus et reiiculae reiiciundae, Varro R. R. 11. 5.) to be got rid of; and the selection of young animals to be reared for supplying vacan- cies, a process technically expressed by the verb submittere, e. g., Varro R. R. II. 8. — Hoedi trimestres cum sintfacti, turn submittuntur et in grege incipiunt esse; and Virgil G. III. 159.— Et, quos aut pecori malint submittere habendo. A complete treatise upon Pastio would embrace full information on each of the above nine points in reference to each class of animals separately, and in addition, in treating of sheep and goats, it would be necessary to enter into some details with regard to shearing (tonsura) and cleaning wool and hair, and a separate chapter would be required upon dairy produce (de lacte et caseo), a subject on which, under the title Tvpomouct, much was written by the Greeks. Before entering upon any details, we must call attention to a circumstance connected with the management of large flocks and herds in Italy, which arose out of the physical conformation of the country, consisting as it does of exten- sive level plains, dry and parched in summer, but yielding abundant herbage after the rains of October, these plains being intersected throughout the whole length of the peninsula by a lofty and rugged mountain range. These moun- tains are, in many districts, covered with dense forests, and afford abundant pasture and shelter from the sun during the summer months. Accordingly, as soon as the lieats set in, all the flocks and herds, except those employed in agri- cultural toil, and those for which there was accommodation in the buildings of the farm, were, and still are, driven from the arid expanse of Apulia to the 1 The Second Book of Varro de R. K. and the Seventh and Eighth of Columella are devoted to Pnstio Agrestis. 2 Varro R. R. II. L 3 Varro R. B. U. L 492 AGEICULTURE — PASTIO. Lucanian and Calabrian hills, and from the Tuscan Maremma and the Campagna of Rome to the Samnite and Sabine ranges, returning again to the milder climate of the low country at the end of autumn. The communications between the high and low lands were kept open by drove roads (calles),^ which now, as in ancient times, are thronged twice a-year by endless troops of oxen, sheep, and goats, accompanied by the herdsmen and their families. These mountain pas- tures were, for the most part, the property of the state, and were farmed out to large contractors (publicani), by whom again they were sub-let to the owners of stock, the sum charged being in proportion to the number of animals. This being premised, we may now say a very few words upon each of the classes of animals enumerated above. shcep.^ — The general terms are — Oves, Ovillum pecus, Pecus lanare; spe- cially, Aries is the ram, Ovis the ewe, Vervex the wether, Agnus s. Agna the lamb, Ovile the sheepfold, Opilio the shepherd. A distinction was made between the finer and more delicate sheep, which being kept upon the farm the whole year round, were termed Greges Villatici, and the more numerous flocks which passed the winter in the low grounds, and were driven to the forests and mountains in summer — Greges qui in saltibus pascuntur. Again, sheep were divided into Oves Hirtae and Oves Pellitae. The Oves hirtae were those whose wool was of an ordinary quality, and required no pro- tection : the Oves pellitae were those which, in consequence of the fineness of their wool, were covered with skin jackets (pelllbus integuntur) in order that the fleece might be kept perfectly smooth and clean, and thus be more easily washed, prepared, and dyed — ne lana inquinetur quominus vel infici recte possit, vel lavari et parari. The sheep reared in the neighbourhood of Taren- tum belonged to this variety, and to these Horace alludes in the well known lines — Dulce pellitis ovibus Galesi Flumen, et regnata petam Rura Phalanto. Suitable Stabida, or covered pens, were provided, in which the sheep and goats found refuge during the cold of winter, and the greatest care was taken that these buildings should have a warm exposure, and be kept clean and dry. The general management of the flocks during winter, and the system followed in pasturing them during the heat of summer, are most accurately described by Virgil (G. III. 295. seqq.) in a passage which has been closely followed by Oolumella (VII. 3.) Sheep Shearing.^ — This Operation, called Tonsura Ovium, was performed between the vernal equinox and the solstice, after the sheep had begun to sweat, and during the heat of the day (cum sudare i/iceperunt oves), for wool, when impregnated witli the natural moisture of the animal (lana sucida), was heavier, softer, and of a better colour. The fleeces, when detached and rolled up, were called vellera or velumina, terms from which Varro infers that originally the fleeces were plucked, not shorn, from the animal, a system which, he adds, was still followed by some persons. Oves hirtae, as soon as shorn, were smeared with wine and oil, to which some added white wax and lard {adeps suillus) ; in lu'lT?""''"^ II- 10. Coinp. Cic. pro Sext. 5. Liv. XXII. 14. Tacit. Ann. IV. 27. SucL ' Viirro R R II. 2. Colum. E, E. VIIL 2-Sw J Vario IC U. II. II. AGBICULTUEE — PASTIO. 493 the case of Oves pellitae the inside of the jacket was smeared with the same mixture, and then it was replaced. Croats.* — The general terms are — Capellae, Grex Caprinus- specially, Hircus is the buck goat ; Capra^ Capella, the Nanny goat ; Hoedus, the kid ; Caprile, the goat fold ; Caprarius, the goat herd. The management and feeding of goats was much the same as that of sheep, except that the former were more hardy, and while sheep preferred open pas- tures, goats took delight in woody regions where they could obtain abundance of virgidta, which formed their favourite food. Goats were shorn for the sake of their hair, which was employed in the manu- facture of a coarse kind of cloth used by soldiers and sailors (G. III. 311.) — Nee minus interea barbas incanaque menta Cinypbii tondent birci, saetasqiie comantes, Usum in castrorum et miseris velamina nautis. Cloth of this kind was termed Cilicium, from having been first fabricated in Phrygia and Cilicia, and Martial (XIV. 140.) mentions Udones Cilicii, which must have been socks or overshoes made of this material. Swine.^ — The general terms are — Sues^ Suillum genus, Suillum pecus: specially, Verres is the boar; Siis, the sow; &ro/a, the breeding sow; Maialis, the castrated male ; Porci, the young pigs, which, when sucking, were called Lactentes; when ten days old, being then regarded as pure and fit for sacrifice, Sacres ; when first weaned, Nefrendes and Delici; Hara, the pig-stye ; Subulcus, the swine herd ; Suilla Carro, Succidia, pork ; Pernae, hams ; Petasones, Taniacae, Tomacinae, flitches and gammons of bacon ; Tomacula, pork sausages, Kine.' — The general terms were — Botes, Bubulum genus, Armendcium pecus: specially, Taurus, the bull; Vacca, the cow; Forda, a cow in calf; Taura, a barren cow ; Bos, the castrated male ; Vitidus, Vitula, the calf. Four degrees of age were distinguished — 1. Vitulus, Vitula. 2. Tuvencus, luvenca. 3. Taurus, Vacca. 4. Vetuli. Bubile is the cattle shed. Virgil (G. III. 157.) bids the farmer divide his calves into three classes — 1. Those intended to form a portion of the herd. 2. Those reserved for sacrifice. 3. Those destined for agricultural labour {loves domiti). Since nearly all the heavy work of the farm was performed by oxen, it was necessary to set apart a considerable number for that purpose, and these from an early age were regularly trained according to the system minutely described in the lines which immediately follow those referred to above. In the same book (G. III. 51.) we find the points of the breeding cow carefully specified. Horses.^ — The general terms are — Equi, Pecus equinum .• specially, Equus admissariiis is the stallion ; Equa, the mare ; Canterius, the gelding ; Equtdus, Pullus, the colt ; Equile, the stable. Equiso, Equarius, Agaso, are words all of which occur in the sense of a groom or horse-keeper, but are scarcely to be found in the agricultural writers. In purchasing, rearing, feeding, and training horses, it was absolutely necessary to have regard to the purpose for which the animal was ultimately destined ; whether for war {ad rem mUiiarem), for riding or draught {ad vecturam), for racing {ad cursuram), or for breeding {ad adniissurani). 1 Varro R. R. n. 3. Colum. R. R. 6. 7.' 2 Varro R. R. II. 4. Colum. R. R. VIII. 9. 10. 11. 3 VaiTO R. R. II. 6. Colum. R. R. VII. 1—25. * Varro R. R. IL 7. Colum. E. B. VIL 26—34. 494 AGRICULTURE — PASTIO. Hence the helliperitusma.de choice of a particular kind of steed, and managed him in a particular manner, and so the quadrigariiis, the desultor, and he who wished vectarios facere. It is almost unnecessary to call attention to the magnificent lines in which Virgil describes the high bred colt (G. III. 75.) Asses.^ — The general and special terms are — Asinus, Asellus, Asina., Pullus Asininus. We have already mentioned the purposes for which asses were employed by the farmer. Large herds were chiefly in the hands of merchants who used pack- asses (aselli dossuarii) for conveying agricultural produce to the coast or to distant markets. The asses of Arcadia were the most famous in Greece ; those of Reate bore off the palm in Italy, and sometimes brought immense prices. Varro (R. R. II. 1.) mentions one which, in his recollection, iiad been sold for 60,000 sesterces, about £500, and says that a team of four had been bought at Rome for 400,000 sesterces, upwards of £3,300. Mnles.^ — Mulus and Mula are the general terms for the hybrid progeny of the horse and the ass, but, strictly speaking, a distinction was drawn between the Mains and the Hinnus. The Mulus was produced by the union of a mare (equd) with a male ass {asinus admissarius). The Hinnus by the union of a she-ass (asina) with a stallion (equus admissarius). Dogs.' — The general term for dogs of both sexes is Canes, and for the whelps, Catuli. Dogs were divided into two classes (genera) — 1. Sporting dogs — unum (genus) venaticum et pertinet ad feras bestias et silvestres. 2. Sheep dogs — alterum, quod custodiae causa paratur et pertinet ad pastorem. It must be remembered, that while the sheep dog of this country is employed only for guiding the movements of the flocks, those of the Alps, the Appenines, the Pyrenees, and the mountains of Greece, are required to protect them from wolves, and therefore always were and are much larger, stronger, and more fierce than those with which we are familiar. The breeds most valued by the ancients were — the Spartan (Lacones), the Epirotan (Epirotici, Molossi), and the Calabrian (^Sallentini). Shepherds.* — Pastores is the general term comprehending all who tended the domestic animals not employed in labour. They were divided into twa classes — I. Those who remained always upon the farm (qui infundo versantur) ; and 2. Those who took charge of the flocks and herds which were driven to the mountains in summer (qui in callibus versantur). While youths, and even women, might perform the tasks allotted to the first class, the second class was composed of strong men in the vigour of manhood, capable of endiu-ing the hardships and dangers incident to a wild, rough life among the hills. They were furnished with arms in order to repel t!ie attacks of wild beasts and robbers, lived in temporary huts (in casis repentiids), and carried about with them all the utensils and implements required for themselves and their flocks (omnia inslru- 1 Varro R. R. IF. 6. Colum. R. R VIII. 1. 2 Varro R. R. II. 8. Cdlum. K. R. VII. 35. 36. 37. I Varro li. H. II. 9. Colum. R. R. VllL 12. 13. * Varro R. R. IL 10. AGEICULTUEE— VnXATICA PASTIO. 495 menta quaepecori et pastoribus opus sunt), being attended in their journeys by a certain number of beasts of burden {iumenta dossuaria), and also by some active, hardy women, who collected fuel, prepared the food, and kept guard over the huts when the men were absent. The whole troop was under the command of an overseer called magisier pecoris, a person qualified by character, know- ledge, experience, and education, to direct and control the proceedings of the party, and to keep the accounts (rationes dominicas pecuarias conficere). Dairy Produce.^ — This was confined to milk (lac) and cheese (caseus). It is very singular that butter (jbutijrum), although not altogether unknown, was so little used that it is not even mentioned by any of the agricultural writers except Pliny, who calls it (XXXVIII. 9.) barbararum gentium lautissimus cibus. See also H. N. XI. 41. Milk was esteemed the most nourishing of all liquid food — omnium rerum quas cibi causa capimus liquentium maxime alihile. The first place in this respect was occupied by ewe milk (lac ovillum), the second by goats' milk (caprinum); the most purifying {quod maxime perpurget) was held to be mares' milk (equinum), next, asses' milk (asininum), third, cows' milk (bubu- lum), and fourth, goats' milk (caprinum). Cheese was made, as among ourselves, by the addition of rennet (coagulum) to milk; the rennet procured from the leveret {coagulum leporinum) or the kid (hoedinum) being regarded as superior to that from the lamb {agninum). Kennet from the calf is not mentioned at all by Varro. The milky sap of the fig tree {de fid ramo lac) and vinegar (acetuvi), were also used for separating the curd from the whey {serum). Cheeses made from cows' milk {casei buhtdt) were considered as the most nourishing, and at the same time as the most diffi- cult of digestion ; next in order were ewe milk cheeses {ovilli) ; while those made of goats' milk (caprini) were the least nourishing and the most easily digested. 2. Pastio Villatica.^ Under this was included the management of all animals, wild or tame, which could be fed at all seasons within the precincts of the farm buildings, or in en- closures immediately adjacent — res quae in villa circumve eam ali ac pasci possint. Originally this kind of stock consisted of some common poultry, rabbits, and bees ; but towards the close of the Republic this department received great development, and many persons derived a larger revenue from their Villaticae Pastiones than from tiie farm itself. Varro claims to have been the first to draw up an independent systematic treatise upon this topic, to which he devotes the third book of his De Re Rusiica. Villaticae Pastiones were distributed under three heads — 1. Ornithones. 2. Leporaria. 3. Piscinae. Aviaries.^ — Ornithones, in the most extended acceptation of the term, in- cluded aU receptacles for birds, whetlier wild or tame, land fowl or water fowl ; in a more restricted sense, ornithones were huge aviaries in which thousands of wild birds were confined. The old Roman farmer had his aviaria (before the introduction of the Greek word) consisting merely of a court-yard for chickens {cohors in piano), and a » Varro R. R. II. 11. Colum. R. R. VIII. 8. « The Tliird Book of Varro de R. R. and the Ninth and Tenth of Columella are devoted to Pastio Villatica. Tlie wliole of the Tenth Book of Columella, with the exception of the tirst chapter, is occupied with details regarding bees. ^ Varro R. R. III. 4-11. (Jolum. R. E. IX. 1—15. 496 AGRICULTUKE — VILLATICA PASTIO. dove-cot (columbarium) for pigeons, but by degrees many Tarieties of poultry were introduced, and appropriate accommodation provided for each kind. We may enumerate — (1.) Gallinae, of which, there were three species — a. Villaticae, common barn-door fowls; b. Rnsticae^ seldom tame, and therefore kept in coops (in caveis), which may possibly have been pheasants; and c. Africanae, generally supposed to have been guinea fowls. (2,) Pa uo/i&s, peacocks. These were little known until towards the end of the Republic, and when Varro wrote brought a high price. A pea-hen's e^g was at that time worth five denarii, i. e., upwards of three shillings, and a full-grown young bird sold for fifty denarii, i. e.y about a guinea and a-half. We may also mention — (3.) Columbae, pigeons, of which there were several species. (4.) Turtures, turtle-doves. (5.) Anseres, geese ; and (6.) Anates, ducks. In the Ornithon proper, which was an enormous cage (see Varro R. E. III. 5.) were shut up vast numbers of thrushes (turdi), quails (coturnices), beccaficoes (Jicedulae), millet-fowl (miliariae), and other birds of passage, of which immense flocks visit Italy every year. These were caught alive by fowlers {auciipes) kept for the purpose, and when shut up, were carefully fattened until ready for the market. Varro mentions one ornithon out of which 5,000 thrushes were sold in a single season at three denarii (i. e., two shillings) a-head, amounting to the sum of 60,000 sesterces, or about £500 sterling. Iieporaria.' — So called because originally, being of very limited extent, thev were intended for hares (lepores) or rabbits (cuniciili) only. At a later period the more general term Vivaria, which we may translate preserves, was intro- duced, when it became common to enclose a large space of ground in the neigh- bourhood of the villa with a lofty wall, and to keep in this park various wild animals, such as stags (cervi), roe-deer (capreae), and wild boars (apri), which were fed for the table, and sometimes hunted for sport. Besides these, the leporarium frequently contained Gliraria, which were large jars {dolia) for a species of dormouse {gVis) ; CocMearia, places for fat- tening edible snails (cochleae') ; and Alvearia, for bees, which in the early age. Tinces. 189 Scripturarius 234 Vatioanus 3 Agere Conrentus 188 cum Tribunis 221 Agger S9& 400 498 P»ge Agger Setrii Tulii 6 Agitatores 350 Agmen. 387 Agnati :! >J, 2G4, 265 Agnomen 61 AgonaUa v 320 Agone? 342 Agrarian Laws 225-231 Agri Censai censendo 167 Aius Locutius.- 22 Ala. 384-386 Alabastron. 446 Alae. 465 Alarii 385 Alba Linea. 348, 350 Albogaleras 333 Album Senatoriiun... 213, 167 lucUcum 294 Alea 446 Aleatores. 444 Alia Omnia. 219 Alio Die. 112 Aliptes 434 Alites Ill Altars 325 Alveus (in the bath) 434 (in a ship) 403 Arnica 250 Amitini (ae) 267 Ambarvale Sacrum 331 Ambarvalia 319 Ambire — Ambitio 178 Ambitus 178, 308 Amictus. 453, 45ii Amiculum 456 Amphitheatrum Tauii. 48 Amphitheatres 356 Amphora (measure) 410 Amphorae 438 Ampliatio 299 Amplius 299 Ampulla 446 AnciUa 94 Ancora. 403 Ancoralia 403 Angustus Clavus 75 Animadversio Censoria ... 168 Anio No^Tis 57 Vetus 56 Anna Perenna. 322 Annalcs Jlaximi 328 Annul! 455 ^nulus Aureus. 75, 221 -J* Pronubus 423 Annus Bissextus 364 Annus Confusionls 373 Anquina 405 Anquirere 288 Anquisitio 288 Antemeridianuin Terapus 428 Antennae 406 Antepilani 383, 3S4 Antesignani 884 Antestart 280 AntipoUs 5 Antiquare Rogationeni.... 106 Antique 108 Antliu 403 AntrumCacL 32 Anubis 323 Aperire Caput 180 Apex 333, &14 Aplustre 4D5 Apodyterium 4:}4 ApoUo 318 INDEX. Apotlieca. 438 Apotheosis of the Emperors 210 Apparitores 199 ApriUs 362,367 Aqua Appia — Marcia — Tepula — lulia — Virgo — Alsietina s. Augusta — Claudia — Anio Vetus — Anio Novus 55 — 57 Aqua Crabra. 3 Petronia 48 Mercurii. 35 Aquae et Ignis Interdictio 84, 304, 309, 310 Aqueducts 54 — 58 Aquila Legionis 392 Aia 325 Consi 39 Evandri. 32 Febris 37 lani Ciiriatii 37 lovis ElMii 32 lovis luTentoris 32 lunonis lugae 40 lunonis Sororiae .... 37 Malae Forttinae 37 Martis 48 Maxima. 39, 322, 336 Satumi 28 Arae Fontis 49 Aratores 238 Arbiter Bibendi 443 Arbitri 276 Arbitrium 276 Archimimus. 426 Arcula Turaria. 343 Arculae 457 Areas Argentarius 41 Claudii 43 Constantini 36 Dolabellae 35 M. Aurelii 43 S. Severi, 27 Titi 30 Tiaiani 23 Ai'ea ApoUinis. 29 CapitoUna 26 Circi. 348 Concordiae 27 (Dwelling-house).... 463 ForiTi-aiani. 23 Vulcani 14 Arena 348, 356 Argentariae (Tabemae) 18, 159 Argentarii 271 Argentifodinae.. 234 Argiletum 3, 462 Aries 400 Annamenta 403 AiTnaria 462 Annillae 395,300 Annilustrium 32 Army, Constitution of . . . . 377 Ana 271 AiTOgatio 117, 128, 267 Artemon 404 Arundo 457, 459 Arx 25 - Tarpeia 25 As, (weight) 40S - (coin) 412 - applied to measures of capacity 411 - ai)i)lied to measures of smiaco 410 Pag« As, applied to measures of length- 410 Asiani 238, 239 Assa voce 447 Assidui. 71 Assurgere 180 Asvlum 25 Atiiletae 350 Atellanae 352 Atramentum. 459 Atrati 426,457 Atrium (Dwelling House) 463 • Fori Traiani 23 Libertatis 33 Reginm 15 Vestae 16 Attack and Defence of Fortified Places. 399 Auctoramentum 359 Auctorati 359 Augures 328 Augusta 207 Augustales 210 Augustus (Mensis) 362 (as a title) 206 Atiiaeum 356 Aurigae 350 Annona Salaria. 234 AureUi Gradus 17 Aurelium Tiibunal 17 Aureus (coin) 417 Aurifodinae 234 Aurora 322 Aurum Coronarium.. ..188, 192 Vicesunarium .... 236 Auspex 423 Auspicia. 110 in connection with Comitia Ill JIaiora 184 Minora 184 Authenticae (Constituti- ones) 246 AuxiUa 378 Auxiliares 378 Auxilium Tribuniciuro... . . 142 Aventinus, Mons. 2, 32 Avemincus 320 Avis 329 Axamenta 333 Axicia 455 Bacchanalia 320 Bail 281 Balinea — Balnea 435 Balineum — Balneum. 435 BaUstae 400 Baptisterinm 434 BarbarL 85 Barbitos 449 BasiUca of St. Peter. 49 Aemilia 19 Constantiniana.. . . 31 Fulvia 19 lulia 20 Neptunl._ 47 Opimia. 19 Paulli 19 Porcia 19 Sempronla 19 Traiani. 23 Ulpia 28 Basilicae 19,280 Baths. 433 BeUona.^ 319 Page Beag.Bessis 408 Bestiaril 3C0 Beatlio obiicere. 311 Betrotliment 423 BibUotheca. 464 Octaviae. 45 Ulpia 23 Bigarii 350 Bigae 349 Bigati 415 Binae Centesimae 420 Biremes 405 Bissextum 364« Bombvx 457 Bonabea 319 Bona Vi rapta, 273, 274 Bonus Eventus, 320 Books 461,462 Book-binding 461, 462 Britannicua 211 Bridges 50 Bnima 428 Bulla. 340,421 Business in Comitia Cen- turiata 120 Curiata. 117 Tributa.„ 124 Bustum 426 Buxus.. 448 Byssus„ 457 C 108, 299 Cadi 438 Coena Auguralis 330 Caerites _ _ 82 Caesar, as a title 207 Calamus _ 459 Calamistrum „.„ 455 Calantica. 456 Calare. 127, 128 Calatores 127 Calcatorium 438 Calcei .450, 454 Calices Gemmati 443 Calcens Senatorius... 221 CalteuU 422 Caldarium 434, 435 Calendae 363,368 Calendar, the. 362, 376 Calendaria. 270 Calices 443 Caliga 401 Caligula _ 402 Calumnia, „ 314 Calx ~ 348 Camenae 323 Camillus 341, 424 Campagna di Roma. 1 Campus Agrippae 43 Esquilinus 37 Flamirius 43 Martialis 35 Martius 1, 42, 46 Sceleratus 38, 335 Candidates for the higher magistracies 176 — 179 Candidati 177 Principis, s. Im- peratoris, 8. Caesaris, s. August!, 164, 169 Canis (in tlice) .. 444 Canthari 444 Capere .334, 336 Capillatus. 455 Capita aut Narla 444 INDEX. Page Capitals Ciimen 83 Capite Censi 70, 378, 385 Capitis Deminutio 83 Sacratio 309 Capitolinus, Mons 25 Capitolium 25 Vetus. 38 Capsae _ 422 Capsarii. 422 Capulus 426 Caput (money) 419 Sacrae Viae 21 (Political) 83 Tralaticium. 243 Carbasa 404 Carbasus 457 Career 310 Lautumiarum 3 Mamertinus. 28 Carceres 348, 349 Carchesium „.„.. 403 Carenum 439 Carina _ 403 Carinae. 2, 36 Carmenta— CarmentaUa.... 323 Carpere Lanam. 457 Carptor 442 Casa Romuli 29 Casus Venerius 444 CasteUa_ 93 Castello di S. AngeIo.„ 49 Castor 321 Castra 396, 399 Praetoria. 389 Cataphracti 385 Catapultae _ 400 Catasta 96 Catellae 457 Catervarii 360 Cati Fons _ 48 Causa Capitalis „ 83 Causae Coniectio -281 CoUectio 281 Causia 358, 450 Causidicus 313 Cavaedium „ 463 Cavalry of the Legion 384 Cavea _ 353 Cedere 258 Celeres 72 CeUa 325 Frigidaria, 434 Ostiarii 463 Penuaria..._ 465 Vinaria 438, 465 Cenotaphium 427 Censere — Censeri 167 Censio 167 Censor Perpetuus. 171 (as an imperial title,) 171,205 Censores 164—171 Censoriae Leges 1*70, 272 Censum agerc, habere, &c. 1C6 Census _ „ 1C6 Senatorius 215 Equester. 72, li, 215 Centesima Rerum Venali- ura _._ 237 Centesiraatio. _ 396 Centumviri 276 Centum virale Indicium..... 277 Centumviralis Hasta 277 Centuria (Land measure) 410 Praerogativa..ll9 122 499 Page Centuriae. 382, 384, 385 Comicinum . 70 Equitum 71 Fabrum „.. 70 lunionim 69 lure Vocatae 119 Prime Vocatae.. 119 Seniorum. 96 (ofSeiTJus) 69 Centuriam Conficere 178 Centuries and Tribes in- corporated «...._ 120 Centuriones _.»._. .382, 38S Centussis. _ 408 Cera Piima _.. 460 Ceres— Cerealia... 318, 319, 320, 347 Cermalus. „.„ 2, 29 Ceroliensis, 3, 35 Ceruchi 405 Cerussa. 457 Cessio (In lure) 258 Chaplets _.. 444 Charta 459 Augusta 459 Claudia 459 Emporetica 459 Hieratica 459 Liviana 459 Chelys. 449 Choraula 449 Chordae. 449 ChoiTis 354 Church of S. Balbina _. 32 of S. Giovanni in Laterano 35 of S. Lorenzo 38 of S. Maria in Araceli 25 of S. Maria Liber- atrice 15 of S. Maria degli Angeli.. 38 of S. Maria Mag- giore 7a of S. Maria ad Mar- tjres „ 47 of S. Maria del Sole .. 42 of S. Maria Egiziaca. 42 of S. Pietro in Vin- coli 36 ofS. Sabba 32 of S. Stefano delle Can'ozze ; 42 Ciboria 443 CineraiTi. 456 Cinctus. .452, 455 Gabinus. .4, 452 Cingula 452 Cingulum 423, 452, 455 Ciniflones, _,. 456 Cippi Ponioeri 4 Circumvallare 401 Clircumvallatlo 401 Circus Agonalis 48 Flaminius. 42, 43, 348 Maximus 3, 39, 347 Neronis 348 (General form) .._.. 347 Cispius, Mons „.._ 2, 36 CistaeS. Cistellae. 108 Citatia 295 Cithara 44a Cities on the Seven Hills older than Rome _., 5 6.U Pago City of Roimilus 5 - in the Age of Augustus, 9 Cives Fact; 81 Nati 81 • Optimo lure otatio.._ 444 Computation of Money 417 Conciliabula, 93 Concamerata tjudatio 434 Concilium 105 I'lebis 128 Concio 104, 105 Concionari. 105 Conciones. 104, 105 Conclamatus. 425 Tagt ConcubiaNox 429 Concubina „.. 250 Concubinatus. 250 Condemnatio 281 Condemn 108, 299 Condere Lustram 170, 375 Conditio 423 Condition of Slaves 95 Conducere 170, 271, 272 Conductor. 272 Confarreatio 251 Congiarium 411 Congius 411 Connubium. 152, 250 Conquisitio 380 Conquisitores. 380 Consanguine! 264 Consecration of the Emper- ors 210 Conserere Manum 283 Consilium 289, 291 Principis 223 Consobrini 267 Constitution of Semns. 69 Constitutiones Principum 245 Consul sine CoUega 133 Consnlaris Potestas. 205 — Exercitu? 387 Consulatum Continuare.... 182 Consules 132—140 Designati 139 Honorarii 139 Minores 139 Ordinarii 13-3, 138 Suffecti 133, 138 Consulship imder the Em- pire 138,205 Consus— Consnalia 323, 346 Contemplari 325 Conticinium 429 Contubemiimi 95, 250 Conventio 105 in Manum 251 Conventus 188 Convivium Publicum 345 Cooptatio 118, 142, 336, 329, 337 Copper Coinage 412 Corbes 438 Comu. 449 Comua 404,461 Cornus 29 CoroUae 444 Corollarium 445, 447 Corona Castrensis 395 Cingere 400 Civica 395 Mm-alis 395 Navalis 395 — Obsidionalis 395 Rostrata 395 VaUaris 395 Coronae 3%, 444 Aegyptiae. 445 Hibemae 445 Pactlles. 445 Plectiles. 445 Su tiles 445 Corpus luiis Civilis 246 Cortex. 438 Corvi..^ 407 (ion-phacus - 354 Coslae 403 Cothurnus. 356 Cotoriae 234 Cutyla 411 Pape Creditor. '>i;s Crepida 45+ Crepusculum 429 Creta 848 Cretifodinae 234 Criminal lurisdiction of the 2S4 'of the Senate 2Sfi oftheComitia 287 of Quaesitores 2S8- Criminal Ti-ials 284—315 Crimen Capitale 83 de Eesiduis 308 Crotala, 449 Cruralia. 453 Crustae 443 CuWcula. 4(55 Cuhital 454 Cubitus. 409 CucuUus 4'i0 Culeus 411 Culina 465 Culter. 343, 455 Cultrarii 341 CuluHi 443 Cumerus 424 Cunei .354, 356 Cuniculi „ 400 Cupae 438 Cupra. 317 Curatores 255, 256 Annonae 157,158 LudoiTim solen- niuiu 157, 159 . Regionum 201 Urois 157,201 Viarura 201 Curia Calahra s. Kalahra 26, 128 Hostilia 14 ^lulia. 15 Octaviae 45 Pompeii 44 SalioiTim 29 Curiae 61 ■ — Veteres 29 Curiales 61 Curio MasJnius. 61, 116, 332 Curiones 61, 3."2 Curricula, 349 Cursus 350, 432 Curulis Sella 67 Custodes 109, 399 Custodia Libera 310 Custodiae 399 Customhouse dues 235 Custos UrWs 132, 171 Cyathus 411, 442 Cybele 323 Cymbala 449 Cypress wood 462 Pactyliotheca 455 Damnum Inimia datum, 273, 274 Dare Actionem 276, 280 Facere Pi-aestare 268 ludices 276 Praedes Litis et Vin- diciai-um 282 Datatim Ludcre 433 Dating, Method of. 363 Day, Divisions of. 428 Days, Classification of. 365 Decedere de Via, 180 December. 362,367 INDKX. r.ipre Decempeda 4o9 Decemviri Sacronim 330 Legibus Scri- bendis. 150—152 Stlitibus iudi' candis 197, 276 DecimaManumissionum... 236 Decimatio 396 Decreta Principum 245 Auguruni 329 Decretum Praetoris 283 Ultimum 149, 216 Decumae 233 Decumani 238 Decuria 384 Decuriae Apparitorum 199 ludicum, 293, 294 Scribanim 199 • of Slaves 97 Deeuriare populum 178 Decurio 61, 71, S84 Decnssis 408 Deditio Noxae 310 Deducere nubentem 424 Deductores — Deducere...... 178 Defaecare (Vinum) 439 Defen-e Nomen 295 Defmtum 439 Delatores 295 Delectus 379 Delibare 343 Delphini 348, 350 Delubi-um 325 Delator 268 Demensimi 99 Deminutio Capitis 83 Denarius 415 Aureus 417 Denuntiare Testimonium.. 297 Deportatio 84 Depositum 269 Desultores 349 Designati (Magistratus).... 179 Designator. 425 Detergere 406 Detestatio Sacroruni 128 Deuns 408 Deus, as a title of the Em- perors 209 Dextans 408 Dextera Ala 387 Dials 429 Diana 318 Diarium 99 Dicere Dictatorem 146 lus 276 Dictata 422 Dictator 146—149 abolition of the office 149 Diem dicere 288 Diespiter 317 Dies Atri 366 Bissextus 364 — Comitiales 114,366 Fasti 244, 276, 280, 365 Nefasti 365 Intcrcisi 365 Festi 346, 365 Profesti 365 Lustricus 421 Diffaneatio 252 Ditfundere O'^inum) 438 Digesta, 246 Digitus 409 501 FD.ge Dignitas — Diamitatps 181 Dignitates Tiibunitiae 140 DuCabiri 821 - Consentes 317, 319 - Indlgetes 3^2. - NovensUes 321 - Selecti 320 Dimachaeri 360 Diptychi 460 Dirae 323 Diribitores 108 Diribitorium 4C Dis Pater. 321 Discessio 219 Disci lactus 350 Discidium 252 Discumbere Mensae 440 Discus 432 Ditis 321 Dius Fidius 322 DivaTriformis 318 Palatua. 323 Divinatio. 295, 328 Divisores 108, 179 Divorce 252 Divortium 252 Divus, applied to the Em-. perors 209 Do, Dico, Addico 276 Dodrans. 408 Dolabra 343 Dolia 438 Doliola 39 Dolon 404 Domestic Gods 321 Dominium 257 Legitimum 257 Quiritarium 251 Doniinus et Deus. 210 Dominus, as a title of the Emperors 209 Dominus 95, 101 Domitianus (lilensis) 363 Domus Agrippae 30 M. Antonii 30 Aquilli 38 Aurea 30 Catilinae 30 Ciceronis 30 Crassi 30, Fuhii Flacci 29 Hortensii 30 Lateranorum 35 Livii Drusi 30 Mamurrae 35 Messalae 30 Pompeii M 36 Pomponii Attici..... 38 M. Scauri 30 Tarqulnii Prisci 29 Tiberiana 30 Ti-ansitoria. 30 TulliHostiHi 35 Vacci 29 (Aedes Privatae)... 162 Donaria 339 Donativum 411 Doi-mitoria 465 Dos 253 Adventitia 2.53, 254 Profectitia 253, 254 Receptitia. 254 Dotalia pacta, 253 Dowry, Law of. 253, 254 Drachma „ „.,.._.. 409 502 Page Drama, Roman 352 DressofMen 450 of Women 455 Drinking Customs 442 Vessels. 442 Ducere Uxorem 424 Duella 408 Duode^'icesimam 381 Dupondius 408 Duplicatio 280 Duumviri Perduellionis.... IGO Sacrorum 330 Viis extra Ur- bem purgandis 197 K'lere Actionem 280 Kditio ludicimi 290 Editor Spectaculi..349, 360, 361 Edicta Slagistratuum 243 Praetomm 243 Principirm 245 Edictum Perpetuuni 243 ■ ■ Kepentinum 243 Education 421 Egeriae Vallis 34 Elaiotliesium 434 Elementa 422 Emblemata 443 Emeritus 392 Emporium 4, 33 Emperors, Tlie, and their Titles 202—212 Emptio et Venditio. 271 Encampments 396 Endromis 454 Epibatae 406 Epidromos 404 Epithalamium 424 Epulae— Epulum 344 Epulones 330 Epulum lovis 317, 344, 345, 441 Equestrian Order under the Emperors 76 Equester Ordo 71 Equi Desultorii 349 ■ Singulares. 349 Equiria 35, 319, 346 Equitatus 378 Equitatio 350 Equiti Equimi adimere 169 Equites, Choosing of 73 Equo privato ...71, 73 Equo publico 71 lUustres 76, 223 Insignia of. 75 Number in Legion 381 (Publicani) 238 Ordo Equester ... 71 Rise and progress 71 ■ Splendid! 76 Equitum Probatio 73 Recognitio 73 Transvcctio 73 Equo Publico merere 72 Equus October 319 Publicus 72 Erciscuhdae Familiae For- mula 259 Erga-stulum. 97 Eruptio 251 Kruptiones 401 Es'liiiliae 2, 36 Ewjuilinus lions. 2, 30 E^.scduru 3G0 tlnibcum Aunim 421 INDEX. Page Euripns 347, 351 Exauctoratlo 392 Exaugurare 337 Exceptio 280 Exercitus Urbanns 121 Excubiae 399 Exedrae 465 Exercises. 432 Exercltationes 432 Expedltae Cohortes 386 Expeditl Milites. 386 Expulsim Ludere 433 Expensl Lutio 270, 273 Expensum feiTe, &c 270 Expugnatlo 399 Exsequiae 425 Exsilium 84 Extispices 331 Extraordinarii 385, 398 Fabll s. Fabianl 335 Fabulae 352 Facinus Capitale 83 Factio Albata. 350 Aurata 350 Prasina 350 Purpurea 250 Russata 350 Veneta 3-50 Testamenti 259 Factiones Circl 350 Factionarii 380 Familia Rustica. 97 Fagutal 8,37 Falacer Pater 323 Falae 34S, 350 Falsum 307 Familia of Slaves 94 Familia Urbana 97 Familiae 61 Famosi Libelli 274 Famulus 94 Fanaticus 324 Fanum 324, 325 Far. 437 Farina 323, 437 Farreus Panis. 251 Fas 324 Fasces 134, 135 submittere 180 Fasciae s. Fasciolae 453 Fasti 366 Calendares 367 Consulares 367 Capitolini 367 Triumphales 367 Fata. 323 Fatua 319 Fatum 324 Fauces 465 Faunus — Fauna — Faunalia 322 Favilla 426 Fax Prima 429 Februarius 362, 368, 369 Felix, as a title 209 Feminalia 452, 453 Feneratores. 158 Fenus 419 Unciarium 420 Feralia 323 Ferctum 342 Fercula 352, 441 Ferentarii 70, 386 Feretmm 426 Feriae 346 PafC Feriae Conceptivae 3G6 Imperativae 365 Latinae .. . .171, 317, 346 Privatae 365 Publicae. 365 Sementivae 319 Stativae 365 Feronia 323 Festa Stultorum 822 Festuca. 282 Fetiales 83, 331 Fibulae 395 Flmbriatae Tunicae 452 Ficus Ruminalis 13, 29 Fidepromissores 281 Fides 449 Fldeinssores 281 Figm-a 405 Fila. 449 Flscinae 438 Fiscus 155,192 Fistula 449 Flamen Curialis 61 DiaUs 332 Martialis 332 Quirinalis 332 Flamines 332 Flaminlca 333 Flammeum. 424 Flavins Ca 280, 372, 244 Flexumines 72 Flora— Floralia.... 320, .346, 347 Focalia. 454 Foci penetrales 464 Focus 464 Fodinae 234 Foliatum 447 Folhs s. Folliculus 433 Folitim 446 Food 437 Fora. 93 in general 11 of the Empire 22 Foreign Deities. 323 Fori 403 Formae Literamm 422 Formula Censendi 167 Formula Petitoria 283 Formulae 277,278 in lus conceptae 279 in Factiun con- ceptae 279 Fornax — Fomacalla 322 FoiTiix Fabianus. 16 Foruli 462 Forum Augustl 3, 22 Boarium 4, 39 lulium 3, 22 Nervae. 3, 23 Olitorlum 43 Pads 30 PaUadium 23 Pervlum 23 Romanum ... .3, 11 — 21 Romanum, Plan . . 10 Traiani 3,23 Transitorium 23 . • Vespasianl 30 Fossa 396 Founding a City, Ceremon- ies 4 Fratres Arvales 331 Patruelea 267 PUeati 321 Frigidarium 434, 435 Pago I FritiUus •443 {''rontes. 461 frnctvis 226 Frumentarii 158 Fnunentum in Cellam .... 189 Fullones„ 457 Fumarium 438 Fundi, Popnli 92 Fundltores 378, 386 Funeral Rites 425 Funes 404 Funus Censorium 427 Indictivum 427 Publicum 427 Fur Manifestua. 273 FuTcifer. 100 Furiae. 323 Furti per Lancera et Lici- um Conceptio 273 Furtum — Furtum Mani- festvun — Fuituui nee Manifestum. 273 Fustuarium 396 Gablnus Cinetus. 452 Gaesa. 383 Galea 69, 384 Galerus 456 GaUicus Tumultus 380 Gallicinium 429 Games of Chance 443 Games Sacred, Classifica- tion. 346 Gates of the Servian City . . 7 Gausape 442 Germalus 2, 13, 29 Gemoniae Scalae 28 Gener. 267 Genius 321 GensTogata 450 Gentes 61 Gentiles 61,264 Gentilitia Sacra 117 Germanicus 210 (Mensis) 363 Glarea Stemere 53 Gladius 384 Gladiators. 308—361 Glos 267 Gods worshipped by the Komans 316—324 Gold Coinage 417 Gossipium 457 i&radua 353, 354, 356, 409 Aurelii 17 Cognationis, Table 266 Gradivus 319 Graecostasis 14 Imperii 20 Graecostadium 20 Grammaticus. 422 Grammatistes. 422 Graphium 460 Gratulatio 338 Gregorian Calendar. 373 Gremium 53 Gnbemator. 400 Gubemaculiuu 404 Gustus s. Gustatio 441 Guttus. 343 Gymnasia 433 Habet 361 Halteres 432 Harpagones 407 INDEX. Pago Haruspiccs 331 Haruspicina 331 Hasta 383 Coelibaris 424 a symbol of Domini- um 277 Hastae Velitares 384 Hastati 382, 383, 384, 388 Hebdomas 365 Heirs 261 Classification of . . . . 261 Hemicyclia, 465 Hemina 411 Hera 317 Hercules. 322 Romanus 210 Heres Institutus 261 Heredes Extranei 261, 262 Necessarii 261 Sui 261 Script! 263 Heredium 410 Hereditatem Cemere — Adire 261 High Roads 52 Hister s. Histrio 352, 356 Hoc Habet 361 Holy Places 324 Holy Things. 324 Homicidium 304 Honorem gerere 172 Honore deiicere 178 Honores. 172 Hoplomachi 360 Hora 42S Horaria 429 Horreum 438 Horologia 429 Horta 323 Horti Agrippinae 49 Caesaris . . • • 49 Domitiae 49 Luciilliani 38 Maecenatiaiii 37 Neronis 49 SaUustiani 38 Hostiae 340 Hospes 85 PubUcus 87 Hospitium 85 Hostiae luiuges 341 Lactentes 340 Maiores 340 Hostis. 85 Houses 462 Hydraula 449 Hymenaeus,- 424 Hj-pocaustum 434 lactus Venerius .„ 448 laculatio 250, 432 laculatores 37S, 386 lana 320 lani 7,17 laniculum 2, 8, 49 lanitor 463 lanua 4G3 lanuarius. 362, 368, 369 lanus. 320 BIfrons 20 Geminus 20 Imus 17 Medius 17 Quadrifrons 38, 41 Quirinus 20 503 Pac« lanus Summua 17 Iduare. 369 Idus 363,368 lentaculum 436 IgnobOes 67 Ignominia 84, 169 Ilicet 342 Imperator 202 Imperium 117, 134, 181 Mains 184 Jlinus 184 Proconsulare of the Emperors. 205 of Proconsuls and Propraetors. 183 Impluvium 464 Imus (Lectus) 440 Inauguratio 326, 329, 337 Inaures 457 IncendiimL 304 Index 469 Indigetes 322 Inducere LoLutionem. 239 Indusium 452 Indutus 463 Infamia 84 Infancy. 421 Infantry of the Legion . . . 381 Inferiae 342,428 Inferior Magistrates, . . 195, 200 Infima Nova Via 22 Infra Classem 71 Infula 341 Ingenui 80 Inheritance, Division of . . 262 Inimia 273 In lure Cessio 258 Inlicium Vocare 105 In Ordinem cogi 181 Inscriptio 295 Insigne 405 Insignia of Aediles 166 Aug-urs 329 Censors. 166 Consuls 137 Dictator 149 Flamines. 333 Kings. 132 Praetors 154 Quaestors 163 Senators 221 Tribuni MUitum Consulari Potestate 153 Tribuni Plebis.. 415 Instit? 456 Institor 431 Institutioues of Gains 246 — — ■ lustinian 246 Insula. 463 Lvcaonia 48 Tiberina 2, 46, 48 Insularius 463 Intempesta Nox 429 Intentio 280 Inter Caesa et Porrecta.. . . 342 Inter duos Lucos 25 Inter duos Pontes 48 Intercalation of Julian Year 364 of Lunar Year 370 Intercedere 141 Interdictum Exhibitorium — Prohibitorium — Res- titutorium 283 Interest of Money ........ 419 504 Page Intercessio 142 Collegae 221 Interpretes 179 Interrex 131,136 Interrogatio 295 Intervallum 396 Intestate, Law of Succes- sion 263 Intonsus 455 Intnsiam 452 Inuus 322 Involucre 455 lovino. 317 lovis. 317,319 In'ogare Poenam. 2S8 Iseum 47 Isi3. 323 Isola di S. Bartolomeo 48 Italia (Provincia) 193 Iter 256 Index 276 Qiiae8tionis.291, 292, 294 Tutelaris 155 Judges in Civil Suits. 275 Indicia 275, 293 Privata 275—284 Publica 284—315 Indices 133 Edititii 297, 309 in Civil Suits 270 in Criminal Trials.. 291 in the Quaestiones Perpetuae 292—294 Select! 294 ludicis Datio 280 Postulatio 278 ludiciam Acceptimi 280 Capitis 83 Desertum 281 ITastae 277 Ordinatiuii 281 Profen-e 281 ludicum Decunae 294 Editio 296 Reiectio 296 • Sortitio 296 Subsortitio '296 luga 403 lugerum. 410 lugTim. 458 Julian Era 364 Year 862 lulius (Mensis) 362 lunius (Mensis) 362, 367 Inno -317 Jupiter 317 Hospitalis 86 Indiges 322 • Latiaris 394 lura Pabllca 80 Privata 80 in Ue 257 lurare In Acta Principis . . 222 lurati 297 luri.s-Auctores 24-1 Consulti 244 Periti 244 Peritomm Auctori- tns 244 Itirsldictlo '.',',',', 275 inter Cives [ 153 , Peregrines. 153 '"«••••,•. 241 - Af'liannm 244 • — • Auguriuin 329 INDEX. Pape Iu3 Civile 242,245 — Civitatis. 80 — Commercii. 81 — Connubii 81,250 — Consuetudinis 243 — Flavianum 244 — Gentilitium 264 — Gentium 242 — Honorum 81 — nonorarium 243 — Imaginum 67 — Intercessionis 142 — Latii 87 — Naturale 242 — non Scriptum 243 — Postliminii 83 — Praetorium 243 — Provocationis 81, 285 — Quiritium 81 — Sacrum. 328 — • Suffragii 81 — lertiae, quartae, &c. Eelationis 223 lusta facerc 427 lustus Equitatus 384 lutumae Lacus 18 K. Kings. , .... 315 .131, 132 LabiTim Lacema. Laconicum Lacus lutumae . . . Servilius . . . Torcularius... Laena. .333, Lagenae Lala Lances Lanista Lapicidinae Lapis Alabastrites Manalls Laquearii Lara — Larunda — Larentia Lararium Larentalia Lares. Praestites Latiui 80, 87, -- — luniani Latinitas Latinum Nomen Latio Accept! 270, Expeusi 270, Latium — Latio donari .... Latus Clavus Latrina Latrones Latrunculi Laudatio Funcbris Solemnis. Laudatores Lauretuni Liiutmniae. Lautolae Laws of the Twelve Tables Lavema Lectistemium Lecti Trlcliniares. Lectio Senatus.... Lcctus i'unebris. . Lectus Gcnialiii. . . 434 454 434 18 20 438 ,454 438 318 344 359 234 446 34 360 323 465 323 321 821 ,250 103 87 94 ,273 ,273 87 75 465 444 444 426 426 297 32 3 21 151. 242 323 344 440 213 425 464 Pass Legacies, different modes of bequeathing, 262 Legare per Damnationem 263 per Praeceptionem 263 per Vindicationem 262 SinendiModo 262 Legata 262 Legataiii 262 Legati 186, 187, 387 Caesaris s. Augiisti 192 Legatio Libera 222 Legem Abrogare — Ferre, Ta 449 Machinae. 380, 402 Macrocollum 459 Macte 342 Maeniana 17 Magister ColleRii 329 . Equitum 150 Naris 406 PagL 69 Populi 146 Societatis 239 Vici 69 Magistrates of Coloniae.. . . 89 Election of 172 General Re- marlcs on the higlier.172 — 184 Inferior under the Empire 201 Inferior under the Republic 195 of Municipia ... 91 New, under the Empire. 199—201 of Praefecturae 92 Qualification as to age. 173 Qualification as to birth 173 Qualification as to Re-election 175 Magistratum deponere ISO Magistratus. 79, 80, 172 Ordinarii — Extraordinarii — Curules — Non Curules — Patricii — Plebeii — JIaiores — Minores. 183, 184 Designati 179 Vitio creati.... 179 Magistri Vicomm 160, 201 Maia 319 JIaiestatem minuere 302 Maiestas 302 Maior Consul 135 Maiora Auspicia 184 Sl.iiores Flamines 362 Maius 319, 3r^-J, 367 Mains Imperium 184 Mala Carmina 274 Mains. 404 Matutiaus Pater 320 Mamera 319 Mamertinus Career. 28 JIamillare 456 Manceps 239, 272 Mancijiatio 258, 260 Mancipio dare — accipere .. 258 .Mancipium 94 Manilare 272 Mandata Principum 245 Mandatarius 272 Mandatum 271, 272 Mane ~ 4J8 Manes 323 Manjjones 96 Mania. 321, 323 Manicatae Tunicae 452 Manlpnlua 38^—384 Manum Consercre 282 Monumissio 100 per Censum.. 101 Inter Amicos 103 lubta 101 • per Lpistolam 103 INDEX. Page Manumissio per Mensam 103 ])er Testamentum 101 . — per Vindictam . . . 100 Manumission, Informal . . . 103 by the State 103 of Slaves.... 100 Mansiones. 53 Mnntelia, 442 Manus 249 FeiTeae 407 Iniectio 269, 278 Mappa. 349 Mappae 442 Mars s. Mavors 319 Gradivus 333 Silvanus 319 Marriage .249 — 252 Ceremonies 423 in May 423 Marspiter 319 Mater Matuta 322 MaterfamDias 251 Mati'ona 251 Matronalia„ :il7 Matrimonii Dissolutio 252 Matrimonium Iniustum... 250 lustum 250 Mausoleum August! 47 Meals 436 Medicamina Faciei.. ...... 457 Medius (Lectus) 440 Megalesia 157, 323 Membrana 459 Mensa 440 Mensae Secundae 442 Mensarii 271 Menses 36-^, 367, 368, 37 Mensis Intercalaris 372 Mensti-uum. 99 Mercatores 238 Mercurius 319 Merenda. 437 Merldiani 360 Meridiei Inclinatio 428 Meridies 428 Merum 442 Meta Sudans 36 Metae 348, 380 Metalla 234 Meton, Cycle of. 370 Metatores 396 Micare (Digitis) 444 Mile, Roman, compared with English 410 Military Affairs 397—402 Pay 391 Standards 392 Militcs. 444 Militia Equestris. 76 Mille Passuum .■ 409 Milliaria, 5:i Milliarium Auruum 18 Minii 3.52, 356 Minerva 317, .320 Miner\'al 422 Ministers of Religion 326 — 337 Minor Coclius 2 Minor Campus. 346 Minora Auspicia 184 Minores Flamines 332 Magistratus. 195 Minus Imperium 184 Minnillones .360 Missilia. 3.J8 Missio. 392 P«ge Missws 349,440 Mitrae 451 Modius 409, 461 Modus Lydius 449 Dorius. 449 Phrygius 449 Mola Salsa 342 Monaulos. 448 Monefa 416 MonUia 456 Monocrota 405 MonsAlbanus 1 Aventinus 2,32 Augustus 34 Coelius 2,34 Capitolinus 2, 25 — — Cispius 2, 36 Esquilinua 2, 36 Oppius 2,37 Palatinus. 2,28 Pincius. 2,38 QuerquetuJanus .... 2, 34 Sacer 141 Saturnius 5 Tai-peius 25 Testaceus 83 Vaticanus 3, 49 Monte Testaccio 33 Month, divisions of 363 Months, Julian Year 362 Tear of Romulus... 367 Numa 368, 372 Monumentum Catuli. 26 Marii 26 Morbus Comitialis 114 Moriones 447 Morra 444 Mors 309 Moi-uni Regimen 166, 168 Mourning Dress 457 Mucia Prata 49 Mulciber. 319 Mulcta 310 Malleus 221 Mulsum 439 JIundus Muliebris 457 Munera Gladiatoria 346, 358 Municipes. 90 Municipia 90—92 in the Provinces 190 Munus 360 Munhina (Vasa) 443 Musculi 400 Music 447 Musical Instraments 448 Mustum 438, 439 ■ Lixivium 438 Pressum 438 Tortivum 438 Mutare Vestem 75 Mutui Datio 268 N. L 108, 299 Naeniae 426 Names, 61 — 6.J of Libertini 101 of Slaves 95 of Women 63 Nani 447 Nardus 446 Nardinum. 447 Natatio 351 s. Natatorium. .... 4 14 Nauclerus 406 Kauniachia. 351 Vage Nautae 406 Nautea 403 NavalesSocU 406 Navalia. +7 Naval Affairs. 402—407 Warfare 40G NavarchUB 406 Naves 403 Longae 405 Praetoriae 406 Turritae 406 Nefas 324 Negotiatores 431 Nemus Caesaruni 49 Nemoralia 318 Neptunalia 319 Neptanns 319 Neria 8. Nerlene 319 Nervi 449 Nethuns • 319 Nexl 269 NexuSolutus 270 NexuVinctus 269 Nexum 269 Nexum ire, 209 Nexus 269 Night, Divisions of. 428 Nobiles 67 Noctis Mediae Inclinatio ... 429 Nominis Delatio 295 Nomen 61 Facere— Scribere . . 270 Latinum 94, 378 (Mercantile) 270 Transcriptitium . . . 270 Nomenclator. 178 Nominis Receptio 295 Non Liquet 108, 299 Nonae 363, 368 Notice of Comitia. 113 Notatio Censoria 168 Notio Censoria 168 NovaNupta 423 Via. 22 Novellae (Constitutiones lustinian) 246 (Constit. Imp. Leon,) 246 Constitutiones (Coi Theod.) 245 Novae (Tabemae) 18 Novacula. 458 Noverca. 267 November 362, 367 Novi Homines 67 Nox Intempesta 429 N'ox Concubia 429 Noxae Deditio 310 Nubere 425 Nummi FamUiarum 416 Nuntinm Mittere 423 Nundinae 364 Nuptiae cum Conventione 251 Iniustae 250 lustae 250 sine Conventione 251 Nuntlatio 112, 113 Nurus. 267 O.ith of Office for Magis- trates 180 Obelislis in the Circus 348 Obligationes, Definition and Classification 268 ex Consensu 271 ex DeUcto 273, 275 INDEX. PBge Obligationes, ex Contractu.. 268—272 Litteris 270 quasi ex De- licto 274 quasi ex Con- tractu. 274 Re 268 Verbis 269 Obmovcre 342 Obnuntiatio 112, 113 Obolus 409 Obsecrare 324 Obsignatores 298 Obsignare 461 Obsidio 399, 401 Obsidione Cingere 401 Ocrea 384 Octodecim Centuriae Equi- tura 69, 72, 73 October 362, 367 Octavae 233 Octussis. 408 Octaviae Opera. 45 Octaeteris 370 Odd and Even 444 Oeci 465 Official Dresses 454 Officers of Legion 386 Omen 328 Onychites s. Onyx 440 Opalia 319 Operae (Publicanoiiim) ... 239 Opisphorae 404 Opifex 431 Opisthographus 460 Oppidum .•. 348 Oppida 93 Oppius, Mons 2, 37 Oppugnatio 399 Ops 319 Optimates 67 Optio 3S4 Optiones. 386 Orae 404 Orchestra 221, 354 Orciniana Sponda 426 Oreus 321 Ordines Remoimn 405 Ordinarii 360 Ordo 384 Equestcr 71, 74 Magistratuum 174 Publicanorum 238 Seribarum 198 Senatorius 223 Organization of Legion.. . . 381 Origin of Roman People . . 60 Oniamenta Aedilitia 140 Consuiaria . . . . 139 Praetoria 140 Quaestoria.... 140 Oscincs Ill Osiris 323 Ostia. 348 Ostiarius 4il3 Ostium 463 Ova 348, 350 Ovatio 395 Ovilia 46, 108 Pactum Dntalc 253, 254 Paedagogus 422 Paenul.n 454 Paganolia i;9, ai9 607 Page Pagi (9 Pagina 459 Palaestrae 433 Palatium 2, 28 Palazzo Caffarelli 25 Pales— Palilia 322 Palimpsestus 460 PaUa 453, 456 Pallas 317 Pallium 4.')1 Palmae 353 Palmipes 409 Palmulae 405 Palmus 409 Maior 410 Paludamentum 401 Paludatus 401 Paludes Pomptinae 1 PalusCapreae 48 Pan 322 Pandcctae 246 Pantheon 47 Pantomimi 352 PapjTus. 459 Parcae 323 Parens Patriae 208 Parentales Dies 428 Parentalia 428 Parentare 428 Parma 384 Panici Quaestores .. ..289, 304 Parricida 304 Parricide, Punishment of 305 Parricidium 300,304 Parties in Civil Suits 277 Pascua 232 Passus 409 Pastores 234 Patagium 456 Patella 343 Pater Patratus 83, .N32 Pater Patriae 208 Patera 343 Paterae 443 Patres 63 Conscripti 77 Maionim Gentium 77 Minorum Gentium.. 77 Patricii 77 Patria Potestas 247 Patricii 63 Patrimi et Matrimi 251 Pati-ons and Clients 64 Patroni 63 Patroni Oegal) 277 Patronus 101 P.Ttronus and Libertus.... 101 Patronus (pleader)... ...... 312 PaxiDus 405 Pay of the soldiers 391 Pecten 449—455 Pectorale 384 Pecuaria 411 Pecuarii 1.38, 234, 238 Peculatus 307 Peculium 95 Castrense 259 Pecuniae Residuae .308 Pedarii Senatores, 220 Pedes 404 Peditatus 378 Pedites, Number in Legion 381 Pedibus in Sententiam Ire . 219 Pellex 250 Penates 321 508 Fa^e Pensum 4.">S Penetralia, 464 Pcrdnellio 300 PeregrinL, 80, 85, 250 . Dediticii. 85 Peregrina lurisdictio 153 Perfumes 445 mixed vnth wine 446 Pergaraena. 459 Period of Military Service 392 Peristyllum 464 Perscribere ab Argentario 271 Personae, Alieni luris .... 247 Classification of 247 In Mancipio .... 256 in Manu 249 in Potestate Pa- rentum 247 in Tutela, 254 Sul luris. 247 Pertlca. 409 Pes 404 — (measure) 409 Petasus 450 Petere 179 Petitlo 179 Petltor. 267,2 77, 315 Petitores 179 Phalanx 382 Phalangae 402 Plialerae 395 Pliialae 443 Philosophus 422 Philvra 445, 461 PhUjTae 459 Phimus 443 Phoebus 818 Phuphluns 320 Piazza di Pesdieria 46 Navona 48 Plcariae 2.14 Pignoris Captio. 278 Pignus 269 Pila. 432 — Tiigonalis 433 — Paganica 432 Pilac 462 Pilani 384 Pileus 101, 450 Piluin 384 Pinacotlieca 465 Pinarii 336 f'iscatorii Ludi 49 Piscina. 434 Publica :34 Pistores 437 Pistrinum 465 Pitch and Toss 444 Pius, as a title 209 Plagula 459 Planipedes 356 Planipediae 356 Pleaders in Courts of Law 311 —313 PJebs, amalgamated with CUentes 66 of later times 66 ; origin of 65 Plebes s. Plebs, origin of.. 64 i'lebeian Gentes 66 Plebisclta 123,243 J lectiiim 449 Pleaders, Remnneratlon.'.' 312 P eadlng, Time aUowed ... 312 Kntc-i 400 INDEX. Page Poculum 442 Podium 356, 358 Poena Capitalis S3 Pollex 409 Pollinctor 425 PoDuctum 342 Pollux. 321 Pomeridianmn Tempos.. . . 428 Pomoerium 4 Pomona 322 Pompa Circl 352 Funebris. 426 Nuptialis 424 Pons Aelius 51 Aemilius 51 — — - Aurelius 52 Cestius 51 Fabricius 51 Gratianus 51 Lapideus 51 Lepidi 51 MUvius 52 Neronianus. 52 Probi 52 Pontes, Ponticiilus(in voting) 108 Sublicius. 8, 50 Ponte S. Angelo 51 S. Bartolomeo 51 Molle 52 Quatti-o CapL 51 Rotto 51 Sisto 52 Pontes 50, 4u3 Pontifex Maximus. 326, 327 under Page PorticuB Aemilia 33 Argonautarum.... 47 Catuli 29 Corinthia. 44 Europae 43 Metelli. 45 Octavia 44, 45 Polae 43 Pompeii. 44 Vipsania. 43 Pordtores 238 Portoria 235 Portunus 319 Posidonium. 47 Possessio 226 Possessor. 226 Possidere 226 Postliminium. 83 Potestas 134, 181 — (Tribunicia) 204 Potitii 336 Praecinctiones 354, 356 Praecones 198 Praedes 281 Praefecti 187 Aerarii 161 Morum 171 Sociorum 386 Praefectus Aegypti 193 Alae. 384 Annonae s. Rei the Empire. 206 Pontifices 326 — 328 Minores 327 Popae 341 Populares 67 Populi Fundi. 92 Pcpnlus Romanus 60 et Plebs 65 Porca Praecidanea„ 428 Porta Capena 7, 33 Carmentalis 7 Coelimontana, 7 Collina 7,335 Decumana 397 Esquilina 7 Flaminia. 43 Flumentalis. 7 Fontinalis 7 lanualis. 20 Lavemalis. 7 Mugionis s. Mugonia 5 . Naevia 7 Navalis 7 Palatii 5 Praetoria 397 Principalis Dextra.. 397 Sinistra. 397 Querquetulana Querquetularia, 7 Ratiimena 7 Raudusoularia, 7 Romana s. Romanula 5 Salutaris 8 Sanqualls 8 Scelerata 7 Trigemina 7 Triumphalis 8, 393 Viminalis 7 Porticus ad Nationes 44 Frumentariae. 158, 200 Augustalis 193 Classis. 406 Navis 406 Praetorio ..200, 390 -Urbi 132 Urbis s. Urbi . . 171 Vigilum 160, 200,390 Praepetes Ill Praeficae 426 Praefecturae 92 Praefericulum 313 Praeiudicia. 244 Praeire Verba 339 Praemia 391 Praemio Legis 176 Praenomen 421 Praerogati va. 119 Praesecta 342 Praesens Profiteri 177 Praescriptum Puerile .... 243 Praesides Provinciarum . . 193 Praetcrire 214 Praeteriti Scnatores . . .169, 214 Praetextatus 337, 4-.'8 Praetoriani 389 Praevaricatio 314 Praetorship under the Empire 155 Praetor Peregrinus 15.3 Praetores 133, 153—153 Praetoriae Cohortes 389 Praetores, in Criminal Trials 291 Aerarii 164 Praetor Candidatus 17'J Praetor Tutclaris. 156 Praetor Urbanus 153 Praetor de Fideicommissls 155 Praetorium 396 Prandiuin 4.'!6 Prata Flaminia 1, 43 Quinctia, 3 Mucia 49 Pacre Poena Capitalis 80 Postidatio 295 Prayers 338 Preoationes 338 Preces 338 Prehensio 134, 144 Prelum 438 Prensare 178 Prensio 181 Prescription 259 President in Comitla, his functions 106 Priapus. 323 Priests, Age, Precedence, &c. 337 Priests, General Remarks on 336, 337 Primani 381 Primigenius Sulcus. 4 PriraipUus 387, 393 Princeps 208 luventutis ....76, 208 Senatus 208,214 Principes 383-385, 388 Principia 384, 397 Principium in the Comitia Tributa. 126 Principium in the Comitia Ciiriata. 115 Privatus 194 Pri^igna. 267 Privignus 267 Pro Consule rem gerere .. 182 Imperio agere 181 Magistratii agere .... 181 Potestate agere 181 Processus Consularis 137 Procincta Classis. 259 ProconsuL.182, 187, 193, 194, 195 as an imperial title 205 Proconsulare Imperium . . 182 183, 195 Imperium of the Emperors. 205 Procubitores 383 Procuratio Aedinm sacra- rum. 158 Procurator 98, 277, £72, '280 PiDCuratores Caesaris .... 192 Prodictator. 149 Profanus. 324 Professional Business 431 Profiteri 177,179 ad Publicanum. . . 234 Proletarii. 70, 378, 385 Prolusio. .361 Promul^are Rogatieneni .. 106 Promulsis 441 Pronubae • • 424 Propagatlo Imperil 182 Property, Right of 257 — Modes of acquir- ing 258 Propes. 404 Propino 443 Propraetor. 182, 187, 195 Propugnacula 406 Proquaestor 182 Pro?a. 403 ProrogHtio Imperii 182 Proserpina. 320 Prsslciae 342 Prothjrrum 463 Protropum 4:J8 INDEX. Page Provinces, Landed Pro- peity 189 Constitution of. 186 List of, imder RepubUc 90 of the Magis- trates 184—195 Taxation 189 . imder the Em- pire 192 Provincia, Aquaria. 162 Signification 184, 186 Urbana 153 Provinciae Consulare3.185, 186, 191 Imperatoriae . . 192, 193 Praetoriae .186, 191 Senatoriae..l92, 193 Provincial Governors. .186. 187, 188 Pro\inciam Dare extra Ordinem 185 Pi'ovincias Sortiri, &c 185 Provocatores 360 Psaltriae 447 Public Lands 225 — 231 Publican! 238 Publicum 232 Quadragesimae 235 Pugilatus 350,432 Pugihares 460 Eborei 460 Membranei .... 460 Pngna 351 Puer 94 Pueri Symphoniaci 447 PuUati 457 Pulli Ill Pulmentum 437 Puis. 437 Pulvinl 4-10 Pulvinaria 344 Pnnctmn 109 Punishments 309 Pupae 340 PupUU 255 PUppis. 403 Pm-purissum 457 Puteal LiboniS 12 Scrib%nianmn 12 Pyra 426 Pyi-gus 443 Quadragesima 235, 237 Litium 237 Quadrans (attfiebath) 433,4:iC (wei;?ht) 408 (coin) ..412-433, 436 Quadrantal 410 Quadrigae 349 Quadrigarii 350 Quadrigati 415 Quadriremes 405 Quaesitores 160 Quaestio 289- (Torture) 297 Quaestor CandidatU3..164, 179 Principis. 164 Quaestores 132, 160—161 Aerarii. 160,289 Caesaris 164 Classic! 161 Consulis 164 (Judicial) 289 509 Pii^a Quaestores Panicidli . ICO, 289 Provinciarum 164 ■ Urbani 161 Quaestorii Ludi 164 Quaestorium 398 Quaestiones Perpetuae 290-300 Quaestorship under the Empire 163 Quartarius 411 Quatemae Centesimae .... 420 Quatuordecim ordines..75, 355 Quatuomri Viis in Urbe purgandis. 97 Quercus CiviUs 359 Quinae Mercedes 420 Quinarius 515 Quincunx 408 Quincuplices 460 Quinctilii s. Quinctiliani . . 385 Quindecemviri Sacrorum . . 330 Qulnquagesima 237 Quinquagesima Mancipi- orum VenaUum 237 Quinquatria 422 Quinquatruss. Quinquatria 317 QuinquatrusMinusculae. .. 317 Quinque Tabemae 18 Quinqueremes 405 Quinquertiimi 350 Quintanae 369 Quintilis S62, 367 Quirinus 419, 322 Quiritare 61 Quirites 60 Quorum in Comitia 110 of Senate 221 Radere 445 Radius 458 Ramnes s. Ramnenses..61, 71 Ramnenses Priores 72 Posteriores 72 Rapina 273, 274 Raptim Ludere 433 Rationes Conflcere. 270 ad Aerarium re- ferre 192 Receptitia Bona 253 Recuperatores 27> Redimere 170 Redemtor 170,272 Redemtores 238 Re-election of Magistrates 176 RefeiTe ad Senatum 218 Reges. 131, 132 Regla 14, 331 Regifugium 373 Regilla 423 Regimen Momm 166, 168 Regina 331 Regio CoUina 8, 68 Esquilina 8, 68 Palatina 8, 68 Suburana. 8, 68 Transtiberina 3, 49 Regiones of Augustus .... 9 of Servius. 8, 68 ~ Rusticae 68 Urbanae 68 Regis Sacrificuli Domus .. 21 Reiectio ludicum 296 Relatio 218 Relationship, Table of De- greed. 266 Relegatio , 84 510 Page Religio nu Religion of Rome 316 Remex 405 Remi 405 ReniifTium. 405 Remoria s. Remuria 32 Remulcum 405 Renuntiare Magistratum... 179 Rentmtiatio 252 Repagula. 348,349 Repetundae 306 Repotia 425 RepUcatio 280 Repositoria 442 Republic. 195—199 Repudium. 252, 423 Res, Classiflcation of. 256 ludicatae 244 Mancipi 257 Nee Mancipi 2.37 Rescripta Principum. 245 Resecrare 324 Reserved Seats in Circus. . 347 in Theatre 3.54 Resignare 461 Responsa Augunim 3-'9 Responsa Prudentium .... 244 Restipnlatio 270, 283 Restipulator „ 27(f Retentio 254 Retiarii 360 Reticulum 456 Luteum 424 Retinacnla 401 Reus 315, 267, 277 Revenue, Sources 233 from Land 233 Mode of Collecting 238 Total Amount... 239 Revenues 232 — ^240 Rewards, Military 393 Rex Sacrificus s. Sacrificu- lus l-i3, 331 Rex Sacrorum 133, 331 Rex as a title of the Em- perors 210 Rhetor 4>2 Ricae s. Riculae 456 Ricinium 456 Robigus — Robigalia 320 Rogavc Legem — Rogare JIagi&tratus, &c Iii6 Rogatio lOG Rogatores 109 Rogus 426 Roma Quadrata 5 Roman People, origin of. . 60 Roman Law 241 — 275 Roman Law, Systems .... 245 Roman! Gives, their rights 80 Romulus 322 Rorarii 70, 383 Rostra 13 lulia 13 Rostrum 406 Rudentes 404 Rudes 359 Rudus 35 Rumlnalis Ficus 29 RupesTarpeia 25 Sabnrra 403 Saccare (Vinnm) 439 SaccuaNiviiriug 43a — — Vlnariua..„ 4a9 IKDEX. Page Sacelkmi 324, 405 Deae Camae 34 Dianae 34 Ditis 28 lovis Fagutalis... 37 Lamm 22 Minervae Captae 34 Pudicitiae Patri- ciae 39 Streniae 21 Sacer. 309,324 Clivus 21 Sacerdos 324 Sacerdotes Snmmorum CoUegiorum 326 Sacra Privata 117 Via 21 Sacramento adigere 379 Sacramentum 278, 283, 324, 379 Sacrare 324 Sacrarium 324 Sacratio Capitis 309 Sacred Utensils 343 Sacred Banquets. 344 Sacrificia 340 Sacrilegium 307 Sancrosancta Potestas..l41, 156 Sacrosanctus 309 Sacrum 324 Sagittarii. 378, 386 Sagum 401, 4.51 Saliaria Carmina 333 Saliares Dapes 334 Salii 333 Agonales 334 Collini. 334 Palatini 3.34 Salinae 32, 23 1 Saltatrices 447 Saltus 350, 410, 432 Salutatio 429, 430 Sambuca 449 Sambucistriae , .... 447 Samnites .;•.... 360 Sanctus .7. 324 Sapa 439 Sarta Tecta exigere ...170, 272 Satura 220 Saturnalia 321, 422 Saturnia 5 Satumus 320 Saxum Rtibrum 33 Tarpeium 25 Scalae 354,356 Gemoniae 28 Scalmus 405 Scalprum Librarium 459 Scapus 59 Scena 353, 354 Ductilis 354 VersatUis .354 Scheda 459 Schola Octaviae 45 Sciaterica 429 Scorpiones 400 Scribae 197 ab Aerario 198 Sorihendo Adesse 220 Scribero ab Argentario .. 271 Milites 379 Scrinia 462 Scriptura 234 SiTjpturarii 238 Scripturarins ager 234 Scrupulnm 408 Scutum ."?&), ^ Securis. 134, 343 Secespita 343 Secundani 381 Sectatores 178 Secular Games 375, 376 Seculum 375 Secutores 360 Sella Curulis. 67 SeUistemium 345, 441 Semestre Imperinm 148 Semisextula 408 Semis s. Semissis. 40o Semis (coin) 412 Semimodius 411 Semo Sancus. 322 Semones 322 Semuneia 408 Senaculum 14 Senate 213—224 Manner of choosing 213 Meetings, 217 Mode of Summon- ing 217 Mode of couduct- ing business 218 Numbers of 78 Origin of 77 Place of Meeting 218 Power and Duties 215 QuaUflcations of Members 214 Quorum 221 Relation to Ma- gistrates 217 under the Kings... 215 under the Repub- lic 216—222 under the Empire 222-221 Senatores Pedaril 220 Senatores Praeteriti. 169 Senators not allowed to trade 214 Senators, Number under Empire 223 Senatum Consulere 219 Legere 167 Numerare 221 Vocare a Cogere 217 Senatus 16,6.3,80 Auctoritas 220 Consultum...220, 243 Consultum — Turpilianum 7 Frequens 21 Infrequens 218 Seniores 444 Sententiam Dicere 219 Dividere 220 Sentina 403 Sepia 460 Seplasia 447 Septa 46, 108 lulia 46 Agrippiana. 46 Septem Tabemac 81 Septemviri Epulonea 330 Septimanae 369 Septimontium.„ 8 Septizonium 30 Sejitunx. 408 Seinilcnim 427 Sequestres 179 Serapemn 47 P«ge Serapia. 323 Serictim_ 457 Serrati 415 Sorta. 341, 444 Servants of the Magis- tiates 197 Servare de Coelo 112 Seriae. 438 Servi 80, 94-100, 250 . Ordinarii 9S PubUci 103 Soluti 97 Vincti 97, 99 — — Vulgares 98 Servian Walls. 6 Serviles Nuptiae 250 Servilius Lacus 20 Servitus 310 Servitutes 257 Praedionim Urbanorum 257 Praedioram Eusticorum 257 I^aediales 257 Sescunx. 408 Sesquipes 409 Sestertia 418 Sestertu. 419 Sestertio 419 Sestertium 41S Sestertius 415 Value of 418 Sesuncia 408 Sethlans 319 Seven Hills of Rome 1 Sex Centuriae Equitum ... 72 Suffragia 72 Sexprimi 198 Sextans (weight) 408 (Coin) 412 Sextarius 411 Sestilis 362, 367 Sextula 408 Ships 402, 407 Sicarii 3(i5 Sicilicus 408 Signa 392 Signifer 402 Signum 396 SUenticm 112 SHice Stemere 53 SUicemium 427 SUiqua 408 Silvanus 322 Silver Coinage 415 Simpiilum 343 Simpuvium 343 SLndon 457 Sinistra Ala 387 Sinus 415 Siparinm 356 Sistrura 450 SiteofKome 1 SiteUa 108, 109,299 Slave Dealers 96 Slaves. 94—100 as Witnesses 297 Classification of 97 Dress and Food .... 99 ManumiSBion 100 Number of 97 Price of 96 Punishments 99 Sobrinus (a) Propior. 672 SobriuKae) 267 INDEX. Page SoccILntel 424 Socer 267 Societates 431 Publicanonun, 2.'i8 239 Socii 94, 272, 378,385 Navales 406 (Publicani) 238 Soccus 356 Societatis Auctor 239 Magister 239 Societas 271, 272 Socrus 267 Sodales Augustales 210, 336 Claudiales 336 Flaviales 336 Hadrianales 336 Titiales 336 Titii. 336 Sodalitates— Sodalitia..l78, 309 Sol 319 Solaria 429 Soldier, the Roman 378 Soleae 450, 454 Solennitas Consularis 140 Solis Onus. 428 Occasus 488 Solitaurilia 341 Solstitium 428 Soluti legibus 176 Solvere ab Argentario 271 Soranus S-^fS Sordidati 75 Sorores Patrueles. 267 Sors. 419 Peregiina 153, 186 Urbana 153, 186 Sortitio ludicum 296 Sparsiones 358 Spectio 113 Speculum 455, 457 Sphaeristerium 433 Spina 348, 350 Alba 424 Spinning 458 Spolia. 395 Opiina 395 Spoliarium 361 Spondeo ^70 Sponsalia. 423 Sponsio 283 Poenalis 283 Praeiudicialis 283 Sponsores. liSl Sponsus— Sponsa 423 Sportula 66, 429, 4 30 Spurii 250 Stagna Neronis 36 Stamen 458 Standards 392 Stationes 399 Statue of Cloelia 22 of Horatius Codes... 14 ofSlarsyas 17 Statues in the Forum 17 Status. 83 Permutatio. 83 Statumen 53 Statumina 403 Stilus. 460 Stipendia Splendidae MiLi- tiae 76 Stipendium 391 Slips s. Stipes 411 Stipulatio 270, 283 I 511 stipulator 270 Stola .'. 456 Strada del Corso 43 Streniae SaceUnm 21, 36 StrigU 434 Stropha 405 Strophium 456 Structor 442 Struppus 408 Subucula 452 Subsellia 145,280 Subscriptio 295 Censoria 168 Subscriptores ....295, 312, 313 Subsortitio ludicum 296 Subtemen 458 Suburra 3 Succession, Law of. 263 to the Empire.. 211 Sudatorium 434 Sutfrapatores 178 Suffragia Diribere — Diri- mere — Describere 108 Suifragium inire— ferre, William Cobbett's. It contains new copyright matter, as well as includes the equally amusing and instructive ' Six Lessons intended to prevent statesmen from writing in an awkward manner."' — Atlas. EDUCATIONAL PUBLICATIONS. 19 COBBETT (William) : FRENCH GRAMMAR. Fcap. 8vo. Cloth, 3/6. Fourteenth Edition. " ' Cobbett's French Grammar ' comes out with perennial freshness. There are few grammars equal to it for those who are learning, or desirous of learning, French without a teacher. The work is excellently arranged, and in the present edition we note certain careful and wise revisions of the text." — School Board Chronicle. " Business men commencing the study of French will find this treatise one of the best aids It is largely used on the Continent." — Midland Counties Herald. COBBETT (Miss S.) : FRENCH VERBS AND EXERCISES, Fcap. 8vo. Cloth, 1/6. COBBETT (James Paul): A LATIN GRAM- MAR. Fcap. Svo. Cloth, 2/- COBBETT'S (William) POLITICAL WORKS, &c. (See page 30). COBBIN (Rev. In^^ram) : MANGNALL'S His- torical AND MISCELLANEOUS QUESTIONS, for the Use of Young People. By Richmal Mangn.\ll. Greatly enlarged and cor- rected, and continued to the present time. By Ingram Cobbin, M.A. i2mo. Cloth 4/- Forty-eighth Thousand. Ncio Illustrated Edition. COLERIDGE (Samuel Taylor) : A DISSERTA- TION ON THE SCIENCE OF METHOD. {Encyclopcsdia Metro- folitana.) With a Synopsis. Crown Svo. Cloth, 2/- Ninth Edition. CRAIK (George Lillie, LL.D., late Professor of History and English Literature, Queen's College, Belfast): A COM- PENDIOUS HISTORY OF ENGLISH LITERATURE, AND OF THE ENGLISH LANGUAGE from the Norman Conquest. With numerous specimens. In two v-ols. Royal Svo. Handsomely bound in cloth, 25/-; full calf, gilt edges, 37/6 New Edition. " Professor Craik's book going, as it does, through the whole history of the language, probably takes a place quite by itself. The great value of the book is its thorough comprehensiveness. It is always clear and straightforward, and deals not in theories but in facts." — Saturday Review. " Professor Craik has succeeded in making a book more than usually agreeable." — Tlie Times. CRAIK (Prof.) : A MANUAL OF ENGLISH LITERATURE, for the Use of Colleges, Schools and Civil Service Examinations. Selected from the larger work, by Dr. Craik. Crown Svo. Cloth, 7/6. Sixth Edition. "A manual of English literature from so experienced and well-read a scholar as Professor Craik needs no other recommendation than the mention of its existence." — Spectator. " This augmented effort will be, we doubt not, received with decided approbation by those who are entitled to judge, and studied with much profit by those who want to learn If our young readers will give healthy perusal to Dr. Craik's work, they will greatly benefit by the wide and sound views he has placed before them." — Athenceum. 20 CHARLES GRIFFIN & COMPANY'S CURRIE (Joseph, formerly Head Classical Master of Glasgow Academy') : THE WORKS OF HORACE. Text from Orellius. English Notes, original, and selected from the best Commen- tators. Illustrations from the antique. In two parts. Fcap. 8vo. Cloth, 3;'- each. Part I. Carmina. Part II. Satires. Or, complete in one volume. Cloth, 5/- "The notes are excellent and exhaustive." — Quarterly Journal of Education. CURRIE (Joseph) : EXTRACTS FROM C/ESAR'S COMMENTARIES; containing his description of Gaul, Britain and Germany. With Notes, Vocabulary, &c. Adapted for Young Scholars. i8mo. Cloth, 1/6. Fourth Edition. DALLAS (W. S.) : POPULAR HISTORY OF THE ANIMAL CREATION. (See page 11). D'ORSEY (Rev. A. J., B.D., M.C.P., Lecturer at Corpus Christi College, Cambridge) : SPELLING BY DICTATION : Progressive Exercises in English Orthography, for Schools and Civil Service Examinations. iSmo. Cloth, i/- Fourtectith Tliousand. EADIE'S (Rev. Prof.) RELIGIOUS WORKS. (See page 5). GRIFFIN'S (John Joseph, F.C.S.) CHEMICAL RECREATIONS. (See page 13)-. McBURNEY (Isaiah, LL.D.) : EXTRACTS FROM OVID'S METAMORPHOSES. With Notes, Vocabulary, &c. Adapted for Young Scholars. i8mo. Cloth, 1/6. Third Edition. MENTAL SCIENCE: SAMUEL TAYLOR COLERIDGE'S CELEBRATED ESSAY ON METHOD; Arch- bishop Whately's Treatises on Logic and Rhetoric. Crown 8vo. Cloth, 5/- Tenth Edition. MORRISON (Charles) : BOOK-KEEPING, A COMPLETE SYSTEM OF PRACTICAL, Exemplilied in Five Sets of Books, arranged by Single Entry, Double Entry in present practice, and a new method of Double Entry by Single. With an Appendix con- taining a variety of Illustrations and Exercises, and a Series of Engraved Forms of Accounts. By C. Mokkison, Accountant. With valuable additions and improvements. Post 8vo. Half-bound, 8/- Tenth Edition. EDUCATIONAL PUBLICATIONS. 21 NICHOL'S (Professor, LL.D.) CYCLOPEDIA OF THE PHYSICAL SCIENCES. (See page 14). PALEY'S (Archdeacon) NATURAL THEO- LOGY. With Notes, by Lord Brougham and Sir Charles Bell. (See page 7), WORKS BY WILLIAM RAMSAY, M.A., Trinity College, Cambridge, late Professor of Humanity in the University of Glasgow. RAMSAY (Prof.) : A MANUAL OF ROMAN ANTIQUITIES. With Map, numerous Engravings and very copious Index. Revised and enlarged, with an additional Chapter on Roman Agriculture. Crov.-n 8vo. Cloth, 8/6. Ninth Edition. "Comprises all the results of modern improved scholarship within a moderate compass." — A thcncEum. RAMSAY (Prof.) : AN ELEMENTARY MANUAL OF ROMAN ANTIQUITIES. Adapted for Junior Classes. Numerous Illustrations. Crown 8vo. Cloth, 4/- Sixth Edition. RAMSAY (Prof.) : A MANUAL OF LATIN PROSODY. Revised and greatly enlarged. Crown 8vo. Cloth, 5/- Fifth Edition. RAMSAY (Prof.) : AN ELEMENTARY MANUAL OF LATIN PROSODY. Adapted for Junior Classes. Crown 8vo. Cloth, 2/- » RANKINE'S (Prof.) : WORKS ON ENGINEER- ING AND MECHANICS. (See page 16). SCHOOL BOARD READERS (The). A New Series of Standard Reading Books for Elementary Schools. Edited by a former H.M. Inspector of Schools. Recommended by the London School Board, and adopted by many School Boards throughout the country. Elementary Reading Book, Part I.— Containing Lessons s. d. in all the Short Vowel Sounds. Demy i8mo., 16 pages. In stiff wrapper . . . . . . . ' . o i Elementary Reading Book, Part II. — Containing the Long Vowel Sounds and other Monosyllables. Demy i8mo, 48 pages. In stiff wrapper 02 Standard I. — Containing Reading, Dictation, and Arith- metic. Demy i8mo, 96 pages. Neat cloth . . .04 22 CHARLES GRIFFIN S- COMPANY'S School Board Readers — [continued). Standard II. — Containing Reading, Dictation and Arith- s. d. metic. Demy iSmo, 128 pages. Neat cloth . .06 Standard III. — Containing Reading, Dictation and Arith- metic. Fcap. 8vo, 160 pages. Neat cloth . . .09 Standard IV. — Containing Reading, Dictation and Arith- metic. Fcap. 8vo, 192 pages. Neat cloth . . .10 Standard V. — Containing Reading, Dictation and Arith- metic, with an Explanation of the Metric System and numeious Examples. Crown 8vo, 256 pages. Neat cloth 16 Standard VI. — Containing Selections from the best English Authors, Hints on Composition, and Lessons on Scien- tific Subjects. Crown 8vo, 320 pages. Neat cloth . 2 o Key to the Questions in Arithmetic, in two parts, each o 6 " The general conception is sound, and the execution praiseworthy. The selections seem, on the whole, happily and judiciously made In the sixth and last volume we have an excellent chronological selection from our English classics By the time the scholar has mastered the Series, he ought to have a fairly suggestive know- ledge of English literature. The treatise on composition is brief, but satisfactory; and the books generally are very much what we should desire." — Times. " The Series is decidedly one of the best that have yet appeared." — A ihenceum. " There are no better reading-books published. The advanced books are gems. The Series reflects great credit on both editor and publisher." — Educational Reporter. " The Series has been very carefully and judiciously prepared."— £A'a)rti«cr. " In every way excellent The young learner is led gradually and soundly up to perfect mastery of any book in English Admirably arranged." — Scotsman. " Remarkably fresh ; most of the old stereotyped forms have t)een abandoned The Fifth and Sixth books are capital productions, and form a valuable epitome of English literature." — Leeds Mercury. " The choice of matter is excellent, and so are the method and style. We begin with wholesome stories, poems, and lessons on natural history, brightened with wood- cuts; and we go on to matters of general information and useful knowledge in a very attractive shape, till we arrive at a point which ought to turn the pupil out into the world a good reader, a lover of good reading, and an intelligent member of society." — School Board Chronicle. *** Each book of this Series contains v'ithin itself all that is necessary to fulfil the reqnirements of the Revised Code, viz. : Reading, Spelling and Dictation Lessons, togetlier with Exercises in Arithmetic, for the whole year. The paper, type and binding are all that can be desired. SCHOOL BOARD MANUALS (The). On the Specific Subjects of the Revised Code. By a former H.M. Inspector of Schools, Editor of the " School Board Readers." Recommended by the London School Board, and used in many Schools throughout the country. Price 6d. each in stiff wrapper ; cloth neat, yd. I. ALGEBRA. — In this book, which is adapted to Standards IV. > V. and VI., everything is explained (in accordance with the Pestalozzian system) upon first principles, and the examples are, as far as possible, taken from concrete numbers. Abun- dance of examples are given, graduated by easy stages. II. ENGLISH HISTORY.— This book is exactly suited to the requirements of the Code for Standards IV., V. and VI., the chief events of importance being given in detail, and the general landmarks of history in brief. Copious Tables are added. EDUCATIONAL PUBLICATIONS. 23 School Board Manuals — [contimied). III. GEOGRAPHY. — Contains all that is necessary for passing in Standards IV., V. and VI. IV. PHYSICAL GEOGRAPHY.— Contents: Figure of the Earth — Mountain Systems — Ocean Currents — Atmospheric Phe- nomena — Trade Winds — ^Distribution of Plants, Animals, and Races of Men, &c. V. ANIMAL PHYSIOLOGY.— Contents: Classification of Ani- mals — the Human Skeleton — Bones, Muscles, Skin, Hair, and Nails — Digestion, Circulation, Respiration, Secretion, and Nu- trition — the Nervous System — the Senses. Illustrated by good Engravings. VI. BIBLE HISTORY.— Contents: Names, Divisions, and His- tory of the Bible — Analysis of the Old and New Testaments^ Geography of Palestine — Tables of Measures, &c. It is hoped that this book zvill prove serviceable in the study of the Scriptures. All controversial points have been carefullv avoided. "These simple and well-graduated Manuals, adapted to the requirements of the New Code, are the most elementary of elementary works, and extremely cheap They are more useful, as practical guide-books, than most of the more expensive works." — Standard. "The Series will prove a very reliable and substantial aid to the teacher. In the Bible History Manual all controversial points have been avoided, and, as a ground- work ana help to the study of the Scriptures, it is to be warmly commended." — Western Daily Mercury. %* Specimen copies of the School Board Readers and Manuals supplied to Teachers at half-price. SENIOR (Nassau William, M.A., late Professor of Political Economy in the University of Oxford) : A TREATISE ON POLITICAL ECONOMY; the Science which treats of the Nature, the Production, and the Distribution of Wealth. Crown 8vo. Cloth, 4/- Fifth Edition. {EncyclopcEdia Metropolitana). THOMSON (James) : THE SEASONS. With an Introduction and Notes by Robert Bell, Editor of the "Annotated Series of British Poets." Foolscap 8vo. Cloth, i/6. Third Edition. "An admirable introduction to the study of cur English classics." WHATELY (Archbishop) : A TREATISE ON LOGIC. With Synopsis and Index. Crown 8vo. Cloth, 3/- The Original Edition. {Encyclopedia Metropolitana). WHATELY (Archbishop) : A TREATISE ON RHETORIC. With Synopsis and Index. Crown 8vo. Cloth, 3/6. The Original Edition.. {EncyclopcEdia Metropolitana). WYLDE (James, Editor of "The Circle of the Sciences") : A MANUAL OF MATHEMATICS, Pure and Applied. Including Arithmetic, Algebra, Geometry, Trigonometry (Plane and Spherical), Logarithms, Mensuration, &c. Super-royal 8vo. Cloth, 10/6. 24 CHARLES GRIFFIN &- COMPANY'S Poetry and Illustrated Works. BELL (Robert, Editor of the ''Annotated Series of British Poets.") : GOLDEN LEAVES FROM THE WORKS OF THE POETS AND PAINTERS. Illustrated by Sixty-four superb Engravings on Steel, after Paintings by David Roberts, Stanfield, Leslie, Stothard, Haydon, Cattermole, Nasmyth, Sir Thomas Lawrence, and many others, and engraved in the first style of Art by FiNDEN, Greatbach, Lightfoot, &c. 4to. Cloth gilt, 2i/- ; unique walnut binding, 30/- ; morocco antique, 35/- Second Edition. '" Golden Leaves' is by far the most important book of the season. The illustra- tions are really works of art, and the volume does credit to the arts of England." — Saturday Review. " The Poems are selected with taste and judgment." — Times. "The engravings are from drawings by Stothard, Newton, Danby, Leslie, and Turner, and it is needless to say how charming are many of the above here given." — A thenc^um. CHRISTIAN YEAR (The) : Thoughts in Verse for the Sundays and Holy Days throughout the Year. With a Memoir of the Rev. John Keble, by W. Temple, Portrait, and Sixteen beau- tiful Engravings on Steel after eminent Masters. In 4to, handsome cloth, bevelled, 12/6 ; unique walnut boards, 21/- ; morocco antique, 25/- ; morocco extra, 30/- ILLUSTRATIONS. The Old Mansion.. afterC. W. Radclyffe. The Cathedral Choir „ Levaint. Sunset (after Claude) ,, G. Barrett. Moonlight .. .. „ Hofland. Pastoral Landscape ,, C. \V. Radclyffe. Halt in the Desert. . ,, D. Roberts, R. A. Guardian .\ngels .. ,, H. Howard, R. A. The Church Gate . . „ C. W. Radclyffe. Morning .. . .after H. Howard, R. A. Sunset .. .. „ Ci. Barrett. A Mountain Stream ,, C. Bentley. A River Scene .. ., C. W. Radclyffe. A Mountain Lake „ J. M. W. Turner. A Greek Temple .. ,, D. Roberts, R. A. A Village Church. . „ C. W. Radclyffe. The Wayside Cross ,, Tony Johannot. " An Edition dc luxe, beautifully got up Admirably adapted for a Gift-Book." —Jolm Bull. *** This is the only issue of the " Christian Year," with Memoir and Portrait of the Author. In ordering. Griffin's Edition should be specified. D'AUBIGNE (Dr. Merle) : HISTORY OF THE REFORMATION. With the Author's latest additions and a new Preface. Many Woodcuts, and Twelve Engravings on Steel, illustrative of the Life of Marti.m Luther, after Labouchl;re. In one large volume, demy 410. Elegantly bound in cloth, 21/- " In this edition the principal actors and scenes in the great drama of the Sixteenth Century are broughtvividly before the eye of the reader, by the skill of the artist and engraver." ILLUSTRATED PUBLICATIONS. 25 EARTH DELINEATED WITH PEN AND PENCIL (The): an Illustrated Record of Voyages, Travels, and Ad- ventures all round the World. Illustrated with more than Tv^o Hun- dred Engravings in the first style of Art, by the most eminent Artists, including several from the master pencil of Gustave Dore. Demy 4to, 750 pages. Very handsomely bound, 21/- THE EMERALD SERIES OF STANDARD AUTHORS. Illustrated by Engravings on Steel, after Stothard, Leslie, David Ro- berts, Stanfield, Sir Thomas Lawrence, Cattermole, &c. Fcap. 8vo. Cloth gilt. Particular attention is requested to this very beautiful series. The delicacy of the en- gravings, the excellence of the typography, and the quaint antique head and tail-pieces, render them the most beautiful volumes ever issued from the press of this country, and now, unquestionably, the cheapest of their class. BURNS' (Robert) SONGS AND BALLADS. With an Introduction on the Character and Genius of Burns. By Thomas Carlvle. Carefully printed in antique type, and illustrated with Portrait and beautiful Engravings on Steel. Cloth, gilt edges, 3/- malachite, 10/6. Second Thousand. BYRON (Lord) : CHILDE HAROLD'S PIL- GRIMAGE. With Memoir by Professor Spalding. Illustrated with Portrait and Engravings on Steel by Greatbach, Miller, Lightfoot, &c., from Paintings by Cattermole, Sir T. Lawrence, H. Howard, and Stothard. Beautifully printed on toned paper. Cloth, gilt edges, 3/- ; malachite, iOy'6. Tliird Thousand. CAMPBELL (Thomas) : THE PLEASURES OF HOPE. With Introductory Memoir by the Rev. Charles Rogers, LL.D., and several Poems never before published. Illustrated with Portrait and Steel Engravings. Cloth, gilt edges, 3/- ; malachite, 10/6. Second Thousand. CHATTERTON'S (Thos.) POETICAL WORKS. With an Original Memoir by Frederick Martin, and Portrait. Beau- tifully illustrated on Steel, and elegantly printed. Cloth, gilt edges, 3/- ; malachite, 10, 5. Fourth Thousand. GOLDSMITH'S (Oliver) POETICAL WORKS. With Memoir by Professor Spalding. Exquisitely illustrated with Steel Engravings. Printed on superior toned paper. Cloth, gilt edges, 3/-; malachite, 10/6. New Edition. Seventh Thousand. 26 CHARLES GRIFFIN S- COMPANY'S The Emerald Series — {continued). GRAY'S (Thomas) POETICAL WORKS. With Life by the Rev. John Mitford, and Essay by the Earl of Carlisle. With Portrait and numerous Engravings on Steel and Wood. Ele- gantly printed on toned paper. Cloth, gilt edges, 5/-; malachite, I2y6. Eton Edition, with f/ic Latin Poems. Fifth Tlioiisand. HERBERT'S (George) POETICAL WORKS. With Memoir by J. Nichol, B.A., Oxon., Prof, of English Literature in the University of Glasgow. Edited by Charles Cowden Clarke. Antique headings to each page. Cloth, gilt edges, 3/- ; malachite, 10/6. Second Thousand. KEBLE (Rev. John) : THE CHRISTIAN YEAR. With Memoir b\' W. Temple, Portrait, and Eight beautiful Engravings on Steel. Cloth, gilt edges, 5/-; malachite, 12/6. Just published. POE'S (Edgar Allan) COMPLETE POETICAL WORKS. Edited, with Memoir, by James Hannay. Full-page Illus- trations after Wehnert, Weir, &c. Toned paper. Cloth, gilt edges, 3/- ; malachite, 10/6. Thirteenth Thousand. Other Volumes in preparation. FINDEN'S FINE ART WORKS. BEAUTIES OF MOORE; being a Series of Portraits of his principal Female Characters, from Paintings by eminent Artists, engraved in the highest style of Art by Edward F'inden, with a Memoir of the Poet, and descriptive letter-press. Folio. Cloth gilt, and gilt edges, 42/- DRAWING-ROOM TABLE BOOK (The) ; a Series of 31 highly-finished Steel Engravings, with descriptive Tales by Mrs. S. C. Hall, Mary Howitt, and others. Folio. Cloth gilt, and gilt edges, 21/- GALLERY OF MODERN ART (The) ; a Series of 31 highly-finished Steel Engravings, with descriptive Tales by Mrs. S. C. Hall, Mary Howitt, and others. Folio. Cloth gilt, and gilt edges, 21/- GOLDSMITH'S (Oliver) COMPLETE POET- ICAL WORKS. With a Memoir by William Spalding, A.M., Pro- fessor of Logic and Rhetoric in the University of St. Andrew's. Portrait and numerous Illustrations on Steel and Wood. Fcap. 4to. Most elaborately gilt, cloth, 5/- ILLUSTRATED PUBLICATIONS. 27 GRAEME (Elliott) : BEETHOVEN: a Memoir. With an Essay (Quasi Fantasia) "on the Hundredth Anniversary of his Birth," and Remarks on the Pianoforte Sonatas, with hints to Students. By Dr. Ferdinand Hiller, of Cologne. New Edition in preparation. "This elegant and interesting Memoir The newest, prettiest, and most readable sketch of the immortal Master of Music." — Musical Standard. " A gracious and pleasant Memorial of the Centenary." — Spectator. " This delightful little book— concise, sympathetic, judicious." — Manchester Examiner. " We can, without reservation, recommend it as the most trustworthy and the pleasantest Memoir of Beethoven published in England." — Observer. " A most readable volume, which ought to find a place in the library of every admirer of the great Tone-Poet." — Edinburgh Daily Review. GRAEME (Elliott) : A NOVEL WITH TWO HEROES. In 2 vols., post 8vo. Cloth, 21/- Seeond Edition. " A decided literary success." — Athencewn. " Clever and amusing above the average even of good novels free from sensationalism, but full of interest touches the deeper chords of lite delineation of character remarkably good." — Spectator. " Superior in all respects to the common run of novels." — Daily News. " A story of deep interest The dramatic scenes are powerful almost to painfulness in their intensity." — Scotsman. HOGARTH : The Works of William Hogarth, in a Series of One Hundred and Fifty Steel Engravings by the First Artists, with Descriptive Letterpress by the Rev. John Trusler, and Introductory Essay on the Genius of Hogarth, by James Hannay. Folio. Cloth, gilt edges, 52/6. " The Philosopher who ever preached the sturdy English virtues which have made us what we are." KEBLE and HERBERT. THE CHRISTIAN YEAR, by John Keble, with Memoir of the Author by W. Temple ; and THE TEMPLE, by George Herbert, with Memoir by Prof. NiCHOL. In one vol. 8vo, illustrated. Cloth, elegant, 7/6. KNIGHT (Charles) : PICTORIAL GALLERY (The) OF THE USEFUL AND FINE ARTS. Illustrated by nu- merous beautiful Steel Engravings, and nearly Four Thousand Wood- cuts. Two vols., folio. Cloth gilt, and gilt edges, 42/- KNIGHT (Charles) : PICTORIAL MUSEUM (The) OF ANIMATED NATURE. Illustrated with Four Thousand Woodcuts. Two vols., folio. Cloth gilt, and gilt edges, 35/- MILLER (Thomas, Author of " Pleasures of a Country Life," &c.) : THE LANGUAGE OF FLOWERS. With Eight beautifully-coloured Floral Plates. Fcap. Svo. Cloth, gilt edges, 3/6. Fourteenth Tlionsand. " A book In which thou wilt find many a lovely saying About the leaves and flowers." — Keats. 28 CHARLES GRIFFIN S- COMPANY'S MILLER (Thomas) : THE LANGUAGE OF FLOWERS. Abridged from the larger work by Thomas Miller, With Coloured Frontispiece. Limp cloth, 6d. Cheap Edition. POE'S (Edgar AHan) COMPLETE POETICAL WORKS. Edited, with Memoir, by James Hannay. Full-page Illus- trations after W'Lhnert, Weir, and others. In paper wrapper, Illustrated, i/6. SHAKSPEARE : THE FAMILY. The Dramatic Works of WILLIAM SHAKSPEARE, edited and expressly adapted for Home and School Use. By Thomas Bowdler, F.R.S. With Twelve beautiful Illustrations on Steel. Crown Svo. Cloth gilt, 8/- ; morocco, elegant, 15/- *,* This unique Edition of the great dramatist is admirably suited for home use ; while objectionable phrases have been expurgated, no rash liberties have been taken with the text. SHAKSPEARE'S DRAMATIC & POETICAL WORKS. Revised from the Original Editions, with a Memoir and Essay on his Genius by Barry Cornwall. Also Annotations and Introductory Remarks on his Plays, b}' R. H. Horne and other eminent writers. With numerous Woodcut Illustrations and Full-page Steel Engravings, by Kenny Meadows. Three vols., super-royal Svo. Cloth gilt, 42/- Tenth Edition. SHAKSPEARE'S WORKS. Edited by T. 0. Halliwell, F.R.S., F.S.A. With Historical Introductions, Notes Explanatory and Critical, and a series of Portraits on Steel. Three vols., royal Svo. Cloth gilt, 50/- SOUTHGATE (Hemy) : MANY THOUGHTS OF MANY MINDS : being a Treasury of Reference, consisting of Selections from the Waitings of the most celebrated Authors, compiled and analytically arranged by Henry Southgate. Toned paper, square Svo. Cloth gilt, elegant, 12/6 ; morocco antique, 21/- Twenty-fourth Thousand. " The produce of years of research." — Exainincr. " Destined to take a high place among books of this class." — Notes and Queries. " A treasure to every reader who may be fortunate enough to possess it." — English Journal of Education. " The accumulation of treasures truly wonderful." — Morning Herald. " This is a wondrous book." — Daily News. " Worth its weight in gold to literary men." — Builder. " More valuable to the preacher than many more technical aids." — Clerical Journal. " Likely to be very useful to lawyers An apt Quotation always tells, hence Mr. Southgate's volume is entitled to a place in every lawyer's library." — Law Times. ILLUSTRATED PUBLICATIONS. 29 SOUTHGATE (Henry) : MANY THOUGHTS OF MANY MINDS. Second Series. Square 8vo, toned paper. Cloth gilt, elegant, 12/6; morocco antique, 21/- Third Edition. " We are not surprised that a Second Series of this work should have been called for. Preachers and Public Speakers will find that it has special uses for them." — Edinburgh Daily Review. " Fully sustains the deserved reputation of the First Series." — John Bull. " Its interest is not of to-day only, or of any particular time, but of all days and all seasons." — Scotsman. " A volume of stately size and handsome exterior." — Spectator. TIMES (John, F.S.A., Author of "The Curiosities of London," &c.) : PLEASANT HALF-HOURS FOR TFIE FAMILY CIRCLE. Containing Popular Science, Thoughts for Times and Seasons. Oddities of History, Characteristics of Great Men, and Curiosities of Animal and Vegetable Life. Fcap. 8vo. Cloth gilt, and gilt edges, 5/- Second Edition. " Contains a wealth of useful reading of the greatest possible variety." — Plymoiith Mercury. VOICES OF THE YEAR (The); Or, the Poet's Kalendar. Containing the choicest Pastorals in our Language. Pro- fusely Illustrated by the best Artists. In bevelled boards, elaborately ornamqnted and gilt, 12/6. WANDERINGS IN EVERY CLIME; Or, Voyages, Travels, and Adventures All Round the World. Edited by W. F. AiNswoRTH, F.R.G.S., F.S.A., &c., and embellished with up- wards of Two Hundred Illustrations by the first Artists, including several from the master pencil of Gustave Dore. Demy 410, Soo pages. Cloth and gold, bevelled boards, 21/- WYLDE (James, formerly Lecturer on Natural Philosophy at the Polytechnic): THE MAGIC OF SCIENCE: A Manual of Easy and Amusing Scientific Experiments. With Steel Portrait of Faraday and many hundred Engravings. Crown 8vo. Cloth gilt, and gilt edges, 5/- Third Edition. " Of priceless value to furnish work for idle hands during the holidays. A thousand mysteries of Modern Science are here unfolded. We learn how to make O.xygen Gas, how to construct a Galvanic Battery, how to gild a Medal by Electro- plating, or to reproduce one by Electrotyping, how to make a Microscope or take a Photograph, while the elements of ISlechanics are e.vplained so simply and clearly that the most unmechanical of minds must understand them. Such a work is deserving of the highest praise."- — Tlie Graphic. 30 CHARLES GRIFFIN S- COMPANY'S Works of General Interest and Utility. BROUGHAM (The Life of Lord) . His Career as a Statesman, a Lawyer, and a Philanthropist, from authentic sources. By John McGilchrist. With a fine Portrait on Steel. Fcap. 8vo. Cloth, 2/5. THE WORKS OF WILLIAM COBBETT. THE ONLY AUTHORIZED EDITIONS. COBBETT (William): ADVICE TO YOUNG MEN and (incidentally) to Young Women, in the Middle and Higher Ranks of Life. In a series of Letters addressed to a Youth, a Bachelor, a Lover, a Husband, a Father, a Citizen, and a Subject. Fcap. Svo. Cloth, 2/6. New Edition. With admirable Portrait on Steel. " Cobbett's great qualities were immense vigour, resource, energy, and courage, joined to a force of understanding, a degree of logical power, and above all a force of expression, which have rarely been equalled He was the most English of Englishmen." — Saturday Review. " With all its faults, Cobbett's style is a continual refreshment to the lover of ' English undefiled.'" — Pall Mall Gazette. COBBETT (William): COTTAGE ECONOMY. Containing information relative to the Brewing of Beer, Making of Bread, Keeping of Cows, Pigs, Bees, Poultry, &c.; and relative toother matters deemed useful in conducting the affairs of a Poor Man's Family. New Edition, Revised by the Author's Son. Fcap. Svo. Cloth, 2;6. Ei'rhteciith Edition. COBBETT (Wm.) : EDUCATIONAL WORKS. (See page 16). GENERAL PUBLICATIONS. COBBETT(Wm): A LEGACY to LABOURERS; An Argument showing the Right of the Poor to Relief from the Land. With a Preface by the Author's Son, John M. Cobbett, M.P. for Oldham. Fcap. 8vo. Cloth, 1/6. Nczv Edition. " The book cannot be too much studied just now." — Noncouforinist. " Cobbett was, perhaps, the ablest Piilitical writer England ever produced, and his influence as a Liberal thinker is felt to this day It is a real treat to read his strong, racy language." — Public Opinion. COBBETT (Wm.) : A LEGACY to PARSONS ; Or, Have the Clergy of the Established Church an Equitable Right to Tithes and Church Property ? With a New Preface by the Author's Son, W. Cobbett. Fcap. 8vo. Cloth, 1/6. Nczv Edition. " The most powerful work of the greatest master of political controversy this country has ever produced." — Pall Mall Gazette. COBBETT (Miss Anne): THE ENGLISH HOUSEKEEPER; Or, Manual of Domestic Management. Containing Advice on the Conduct of Household Affairs, and Practical Instructions, intended for the Use of Young Ladies who undertake the superin- tendence of their own Housekeeping. Fcap. Svo. Cloth, 3/6. COOK'S VOYAGES. VOYAGES ROUND THE WORLD, by Captain Cook. Illustrated with Maps and numer- ous Engravings. Two vols. Super-royal Svo. Cloth, 30/- COWDY (Rev. Samuel, F. R. Hist. Society) : HEAVENWARD HO ; Or, Story Coxen's Log. Crown Svo. Cloth, 5/- " The style is simple and pointed, characterised by a nervous energy which never slackens, and there is scarcely a sentence which does not felicitously embody a great truth of Scripture." — Literary IVerld. " A very efi'ective and cleverly-written allegory, in which the progress of the soul in religious experience is portrayed."- — TJie Rock. CRAIK (Prof.) : A COMPENDIOUS HISTORY OF ENGLISH LITERATURE, AND OF THE ENGLISH LAN- GUAGE FROM THE NORMAN CONQUEST With numerous Specimens. By George L. Craik, LL.D. (late Professor of History and English Literature, Queen's College, Belfast). In two large vols. Royal Svo. Handsomely bound in cloth, 25/- ; in full calf, 37/6. Neia Edition. " Professor Craik's book going, as it does, through the whole history of the language, probably takes a place quite by itself. The great value of the book is its thorough comprehensiveness. It is always clear and straightforward, and deals not in theories but in facts." — Saturday Review. " Professor Craik has succeeded in making a book more than usually agreeable." — The Times." CRAIK (Prof.) : A MANUAL OF ENGLISH LITERATURE. (See page 19). 32 CHARLES GRIFFIN & COMPANY'S DALGAIRNS (Mrs.) : THE PRACTICE OF COOKERY, adapted to the business of Every-day Life. By Mrs. Dalgairns. TIic best book for Scotch dishes. About Fifty new Receipts have been added to the present Edition, but only such as the Author has had adequate means of ascertaining to be valuable. Fcap. 8vo. Cloth, 3/6. Sixteenth Edition. " This is by far the most complete and truly practical work which has yet appeared on the subject. It will be found an infallible ' Cook's Companion,' and a treasure of great price to the mistress of a family." — Edinburgh Literary Journal. " We consider we have reason strongly to recommend Mrs. Dalgairns' as an economical, useful, and practical system of cookery, adapted to the wants of all families, fro.-n the tradesman to the country gentleman." — Spectator. DONALDSON (Joseph, Sergeant m the g4th Scots Regiment): RECOLLECTIONS OF" THE EVENTFUL LIFE OF A SOLDIER IN THE PENINSULA. Fcap. 8vo. Cloth, 3/6; gilt sides and edges, 4/- Nciv Editioti. ENGLISHWOMAN'S LIBRARY (The): A Series of Moral and Descriptive Tales. By Mrs. Ellis. Cloth, each volume, 2/6 ; with gilt backs and edges, 3/- I.— THE WOMEN OF ENGLAND: Their Social Duties and Domestic Habits. Thirty-7iiiith T/ionsand. 2.— THE DAUGHTERS OF ENGLAND : Their Position in Society, Character, and Responsibilities. Twentieth Thousand. 3.— THE WIVES OF ENGLAND: Their Relative Duties, Domestic Influence, and Social Obligations. Eighteenth Thou- sand. 4.— THE MOTHERS OF ENGLAND: Their Influence and Re- sponsibilities. Twentieth Thousand. 5.— FAMILY SECRETS ; Or, Hints to make Home Happy. Three vols. Twenty-third Thousand. 6.— SUMMER AND WINTER IN THE PYRENEES. Tenth Thousand. 7.— TEMPER AND TEMPERAMENT; Or, Varieties of Character. Two vols. Tenth Tliousaiid. 8.— PREVENTION BETTER THAN CURE ; Or, The Moral Wants of the World we live in. Ttvelfth Tliousand. 9.— HEARTS AND HOMES; Or, Social Distinctions, Three vols. Tentli Tliousand. GENERAL PUBLICATIONS. 33 FISHER'S READY RECKONER. The best in the world. iSmo. Bound, 1/6. Nc2v Edition. GILMER'S INTEREST TABLES : Tables for Calculation of Interest, on any sum, for any number of days, at A, i, i^, 2, 2i, 3, 3i, 4, 4j, 5 and 6 per Cent. By Robert Gilmer. Corrected and enlarged, izmo. Roan lettered, 5 '- Sixth Edition. HENDERSON'S FRACTIONAL RECKONER. 32mo. Cloth, 6d. HENDERSON'S READY RECKONER. 32mo. Roan, 6d. HENDERSON'S TRADE TABLES. 32010. Cloth, 6d. HENDERSON'S UNIVERSAL RECKONER. iSmo. Cloth, 2/6. INTEREST TABLES: (A COMPLETE vSYS- TEM OF) at 3, 4, 4^ and 5 per Cent. ; Tables of Exchange or Com- mission, Profit and Loss, Discount, Clothiers', Malt, Spirit and various other useful Tables. ByJoHNCHRisrisoN. To which is prefixed the Mer- cantile Ready Reckoner, containing Reckoning Tables from one thirty- second part of a penny to one pound. Greatly enlarged. i2mo. Bound in leather, 4/6. New Edition. MACKEY'S FREEMASONRY : A Lexicon of Freemasonry. Containing a Definition of its Communicable Terms, Notices of its History, Traditions, and Antiquities, and an Account of all the Rites and Mysteries of the Ancient World. By Albert G. Mackey, M.D., Secretary-General of the Supreme Council of the U.S., &c. Handsomely bound in cloth, 5/- "Of Mackey's Lexicon it would be impossible to speak in too high terms ; suffice it to say, that in our opinion, it ought to be in the hands of every Mason who would thoroughly understand and master our noble Science No Masonic Lodge or Library should be without a copy of this most useful work." — Masonic News. OCCULT SCIENCES (Compendium of the): Con- tainingthe Traditions and Superstitions of Past Times, and the Marvels of the Present Day, in a Series of Historical Sketches. By the Rev. Edward Smedley, M.A., E. Rich, Esq., and other Contributors. (Encyclopctdia Metropolitana). Crown 8vo. Cloth, 6/- "A repository of curious information most instructive and interesting reading." — Literary Gazette. 34 CHARLES GRIFFIN &- COMPANY'S LONDON LABOUR AND THE LONDON POOR : A Cyclopjedia of the Condition and Earnings of those that 7vill 7vork and those that cannot work. By Henry Mayhew. With many full-page Illustrations from Photographs. In three vols. Demy 8vo. Cloth, 4/6 each. " Every page of the work is full of valuable information, laid down in so interesting a manner that the reader can never tire." — Illustrated Neivs. " Mr. Henry Mayhew's famous record of the habits, earnings, and sufferings of the I^ondon poor." — Lloyd's Weekly London Newspaper. " This remarkable book, in which Mr. Mayhew gare the better classes their first real insight into the habits, modes of livelihood, and current of thought of the London poor." — -The Patriot. The Extra Volume. LONDON LABOUR AND THE LONDON POOR : Those that ivill not work. Comprising the Non-workers, by Henry Mayhew; Prostitutes, by Bracebridge Hemyng; Thieves, by John Binny ; Beggars, by Andrew Halliday. With an Introductory Essay on the Agencies at Present in Operation in the Metropolis for the Suppression of Crime and Vice, by the Rev. Willia.m Tuckniss, B.A., Chaplain to the Society for the Rescue of Young Women and Children. With Illustrations of Scenes and Locali- ties. In one large vol. Royal 8vo. Cloth 10/6. "The work is full of interesting matter for the casual reader, while the philan- thropist and the philosopher will find details of the greatest import." — City Press. Companion Volume to the above. THE CRIMINAL PRISONS OF LONDON, and Scenes of Prison Life. By Henry Mayhew and John Binny. Illus- trated by nearly two hundred Engravings on Wood, principally from Photographs. In one large vol. Imperial Svo. Cloth, 10/6. Contents : — General View of London, its Population, Size and Contrasts — Professional London — Criminal London — Penton- ville Prison — The Hulks at Woolwich — Millbank Prison — The Middlesex House of Detention — Coldbath Fields — The Middle- sex House of Correction, Tothill Fields — The Surrey House of Correction, Wandsworth — Newgate- — Horsemonger Lane — Clerkenwell. "This volume concludes Mr. Henry Mayhew's account of his researches into the crime and poverty of London. The amount of labour of one kind or other, which the whole series of his publications represents, is something almost in- calculable." — Literary Budget. *t,'' This celebrated Record of Investigations into the condition of the Poor of the Metropolis, undertaken from philanthropic motives by Mr. Henry Mayhew, first gave the wealthier classes of England some idea of the state of Heathenism, Degradation, and Misery, in which multitudes of their poorer brethren languished. His revelations created, at the time of their appearance, universal horror and excitement — that a nation, profes- sedly Christian, should have in its midst a vast population, so sunk in ignorance, vice, and very hatred of Keligion, was deemed incredible, until further examination established the truth of the statements advanced. The result is well known. The London of Mr. Mayhew will, happily, soon exist only in his pages. To those who would appreciate the efforts already made among the ranks which recruit our "dangerous" classes, and who would learn what yet remains to be done, the work will afford enlightenment, not unmingled with surprise. GENERAL PUBLICATIONS. 35 THE SHILLING MANUALS. By John Times, F.S.A., Author of " The Curiosities of London," &c. A Series of Hand- Books, containing Facts and Anecdotes interesting to all Readers. Fcap. 8vo. Neat cloth, one shilling each. Second Edition. I.— CHARACTERISTICS OF EMINENT MEN. By John Times. Bound in neat cloth, price i/- " It is impossible to dip into this booklet without finding something that is new or that will bear repeating." — Sheffield Daily Telegraph. II.— CURIOSITIES OF ANIMAL AND VEGETABLE LIFE. By John Times. Neat cloth, price i/- " Has the charm of freshness, besides containing much curious information." — Sheffield Telegraph. III.— ODDITIES OF HISTORY AND STRANGE STORIES FOR ALL CLASSES. Selected and compiled by John Times. Neat cloth, price i/- " The reader is presented with many curious tit-bits of history, instructive and valuable in themselves an interesting compar'^on for spare minutes." — Edinburgh Daily Review. IV.— ONE THOUSAND DOMESTIC HINTS on the Choice of Pro- visions, Cookery and Housekeeping ; New Inventions and Improve- ments, and various branches of Household Management. Written and compiled by John Times. Neat cloth, price i/- " No money is better spent than what is laid out for domestic satisfaction." — Dr. Johnson. v.— POPULAR SCIENCE. Recent Researches on the Sun, Moon, Stars and Meteors ; The Earth ; Phenomena of Life ; Sight and Sound ; Inventions and Discoveries. Familiarly Illustrated. Written and compiled by John Times. Neat cloth, price i/- " A very useful little manual." — Sheffield Daily Telegraph. " Will be found abundant in much out of the way information on almost every conceivable topic, where the popular mind is for the most part in error." — Evening Standard. VI.— THOUGHTS FOR TIMES AND SEASONS. Selected and com- piled by John Times. Neat cloth, price i/- " Contains a very great amount and variety of out-of-the-way extracts from modern and old writings." — Mechanic's Magazine. " In a neat and concise form, are brought together striking and beautiful passages from the works of the most eminent divines and moralists, and political and scientific writers of acknowledged ability." — Edinburgh Daily Revien'. Opinions of the Press on the Series. " It is diflScult to determine which of these volumes is the most attractive. Will be found equally enjoyable on a railway journey, or by the fireside." — Mining Journal. " These additions to the Library, produced by Mr. Timbs' industry and ability, are useful, and in his pages many a hint and suggestion, and many a fact of importance, is stored up that would otherwise have been lost to the public." — Builder. " Capital little books of about a hundred pages each, wherein the indefatigable .\uthor is seen at his best." — Mechanics' Magazine. " Extremely interesting volumes." — Evening Standard. "Amusing, instructive, and interesting As food for thought and pleasant reading, we can heartily recommend the 'Shilling JIanuals."' — Birmingham Daily Gazette. 36 CHARLES GRIFFIN S- COMPANY. TWENTY-SECOND THOUSAND. Large 8vo., Cloth, witJi 150 Illustrations, 8s. 6d. A DICTIONARY OF DOMESTIC MEDICINE AND HOUSEHOLD SURGERY. BY SPENCER THOMSON, M.D., Edin., F.R.C.S. Thorojighly revised and brought down to the present state of Medical Science. With Appendix on the Management of the Sick-room, and many Hints for the Diet and Comfort of Invalids. From the Author's Prefatory Address. " Without entering upon that difficult ground which correct professional knowledge, and educated judgment, can alone permit to be safely trodden, there is a wide and extensive field for exertion, and for usefulness, open to the unprofessional, in the kindly offices of a true Domestic Medicine , the timely help and solace of a simple Household Surgery, or better still, in the watchful care more generally known as " Sanitary Precaution," which tends rather to preserve health than to cure disease. " The touch of a gentle hand" will not be less gentle because guided by knowledge, nor will the safe domestic remedies be less anxiously or carefully administered. Life may be saved, suffering may always be alleviated. Even to the resident in the midst of civilization, the "knowledge is power" to do good; to the settler and the emigrant it is invaluable. I know well what is said by a few, about injuring the medical profession, by making the public their own doctors. Nothing will be so likely to make " long cases " as for the public to attempt any such folly ; but people of moderate means — who, as far as medical attendance is concerned, are worse off than the pauper — will not call in and fee their medical adviser for every slight matter, and, in the absence of a little knowledge, will have recourse to the prescribing druggist, or to the patent quackery which flourishes upon ignorance, and upon the mystery with which some would invest their calling. And not patent quackery alone, but professional quackery also, is less likely to find footing under the roof of the intelligent man, who, to common sense and judgment, adds a little knowledge of the whys and wherefores of the treatment of himself and family. Against that knowledge which might aid a sufferer from accident, or in the emergency of sudden illness, no humane man could offer or receive an objection." - . '' Notices of the Press. " The best and safest book on Domestic Medicine and Household Surgery which has yet appeared." — The London Journal 0/ Medicine. " Dr. Thomson has fully succeded in conveying to the public a vast amount of useful pro- fessional knowledge." — The Dublin Journal of Medical Science. " The best production of the kind we possess." — The Christian Witness. "The amount of useful knowledge conveyed in this work is surprising." — The Medical Times and Ga::etle. " Worth its weight in gold to families and the clergy." — Oxford Herald. 10, STATIONERS' HALL COURT, LONDON. / -n <-J > f? ^ ■V n i " ^ ,^' ^ ^ ^ v\EllNWER%. ^vlO ^i 1(4 : -n l_J V ^EUNIVER%. ^v^O x't-llBRARYOc, ^ ^ ^0-m..,:.- *^ 000 033 556 2 {■2 iC 'Ti M\tS/ 5 II CO ;^ .^WEUNIVER^ .-- s ^ ^< "^ i^fei i«i^iiViS>i