Htf!' 
 
 
 
 W 
 
 : r: 
 
GIFT OF 
 Mrs. John B. Casserly 
 
ROMAN 
 
 ANTIQUITIES 
 
 BY J. D. FUSS, 
 
 PROFESSOR IN THE UNIVERSITY OF LIEGE. 
 
 TRANSLATED FROM THE LAST EDITION. 
 
 OXFORD : 
 D, A. TALBOYS 
 
 AND 113, FLEET STREET. 
 1840. 
 
T)Gr77 
 
 
 Mo 
 
The following work was begun and more than half 
 translated by the Rev. A. W. Street, M . A. of Pem- 
 broke College ; but that gentleman being called sud- 
 denly away to fill a professorship in Bishop's College, 
 Calcutta, the remainder of the work, as well as the 
 care of seeing the whole through the press, devolved 
 upon his brother, the Rev. B. Street, B. A, 
 
 Oxford, March, 1840. 
 
 756918 
 
THE AUTHOR'S PREFACE. 
 
 I am aware that it is customary for those who compile 
 works like the present, to set forth, as a matter of 
 course, that circumstances had compelled them to 
 write ; indulging under this pretext their restless de- 
 sire of publishing, they benefit neither their readers 
 nor the cause of literature. Having but little self- 
 confidence, and this being a work rather hastily com- 
 piled, I fear lest I myself should incur the same dis- 
 grace: let, then, those who use my work determine 
 whether the following remarks do not entitle me to 
 claim a valid excuse for publishing. 
 
 Having been appointed to deliver lectures on Roman 
 antiquities in the University of Liege, and not having 
 by me any academic papers and notes, (those convenient 
 substitutes for learning, and sources of information to 
 pompous ignorance,) and being disinclined to procure 
 them as many do, and intending to use the Latin lan- 
 guage, I compiled, with great labour, an entire and 
 original series of lectures on Roman antiquities ; but 
 whilst reading them, perceived that unless I drew up 
 a compendium of them, my hearers would for the most 
 part derive no profit from them ; I therefore resolved 
 on preparing an abridgment of what I had collected, 
 and introduce my lectures by a dictation from it. There 
 was, besides, no publication that I could use for this 
 
ti THE AUTHOR'S PREFACE. 
 
 purpose, for, of the many which I had consulted, I 
 followed but one, and that only partially, in the order of 
 arrangement, and not one in other particulars ; not from 
 any conceited contempt for the views of others, but for 
 reasons unnecessary to detail. 
 
 I might have abridged, for the purposes of dictating, 
 some of the works already published : but though I 
 willingly allow that a few of them are excellent of their 
 kind, they were unsuited to my lectures ; for unless I 
 employed a work in Latin I should have had to trans- 
 late one, a sacrifice of time to be compensated for only 
 by my meeting with a work far superior to my own. 
 
 Some of those written in Latin I thought too 
 voluminous, others too concise : as Burman's Antiqui- 
 tatum Romanarum Brevis Descriptio, a mere catalogue 
 of subjects, and not very valuable, and Heyne's Anti- 
 quitas Romana, in usum lect. Acad, adumbrata : Ober- 
 lin's Tabulae, published by Reizius, together with his 
 Lectures, are equally meagre. 
 
 In seeking a work that would afford not merely an 
 outline of the subject, classification of matters, and 
 catalogue of names, but also a concise explanation of 
 them, sufficient for any one desirous of dipping into the 
 subject, so as to facilitate a thorough examination of it, 
 I found but one such, that of Nieupoort on Roman 
 antiquities, which has passed through several editions, 
 and is far superior to most, whether written in Latin 
 or not; so far superior, indeed, to the work of Cellarius, 
 in my opinion, that I wonder this latter should have 
 been re-edited lately, rather than Nieupoort's. How- 
 ever, it is far from being perfect, and if published in 
 
THE AUTHOR'S PREFACE. vii 
 
 these days, would earn but a moderate name for its 
 author 1 . I was deterred from publishing a new edition 
 of Nieupoort even, feeling how much better adapted to 
 my own lectures a work of my own would be, of inferior 
 merit even. It was therefore for my own use, and for 
 the convenience of those who attended my lectures, 
 that I wrote and now publish this work. If I succeed 
 in promoting their studies, I shall think myself amply 
 remunerated for my trouble : had I wished for other 
 emolument or credit, I should have chosen any subject 
 rather than that of Roman Antiquities. 
 
 Such were my reasons for writing this work, but at 
 the outset I experienced some difficulty in deciding 
 what subjects legitimately come under the title of An- 
 tiquities ; the general acceptance of the word is by no 
 means definite, and I find no precise limits assigned to 
 the subject by any writer. Its limits must, in fact, 
 depend very much on the space of time over which a 
 writer proposes to extend his observations, and the 
 class of readers, learners, or the learned themselves, 
 for whom he is writing. Some writers propose ex- 
 cluding literature and the arts, accounts of idols, and of 
 remarkable events connected with the city of Rome ; 
 others maintain that the constitution of the government, 
 the laws, comitia, and magistrates only, are deserving 
 
 1 The additions to Nieupoort's work suggested by learned men, 
 and the improvements in it proposed by those who have written 
 since Swartze published his criticisms on it, though not all to be 
 admitted, should all be weighed by writers on this subject ; more- 
 over, the discovery of the Institutions of Caius, and other remains 
 of ancient authors lately made, have opened to us new sources of 
 information. 
 
riii THE AUTHOR'S PREFACE. 
 
 of notice, and scrupulously investigate the most unim- 
 portant particulars connected with them. 
 
 However, I determined to consider what was likely 
 to prove serviceable to my hearers, rather than restrict 
 myself within limits assigned by this or that writer: 
 and whilst meeting the desires of the greater portion 
 of my hearers, who were intended for the bar, still not 
 neglecting customs, institutions, and practices, that have 
 no connection with jurisprudence; considering that, 
 however great the advantage of a knowledge of the 
 Roman law must be to law students, a perfect under- 
 standing of the classics was indispensable to them and 
 others, and to be attained only by an acquaintance 
 with Roman antiquities generally. 
 
 As regards the particular period within which to 
 limit my researches, I felt it most suitable to my object 
 not to confine myself to the Republican era in treating 
 of the Roman constitution, as the learned Beaufort 
 has, or in treating of other subjects. And yet not to 
 extend them to the times of the later Emperors, and 
 render my work of an unwieldy length by detailing the 
 decay of long-established institutions, and the endless 
 innovations made upon them, or even by glancing at 
 each. My plan, therefore, has been to dwell briefly 
 on the era of the early Caesars, still more briefly on the 
 Emperors further removed from the days of the Com- 
 monwealth, and hardly to mention anything of later 
 date. This method I was compelled to adopt by the 
 nature of my work I am far from thinking the times 
 of the decay and fall of the Roman empire less im- 
 portant or less interesting than the palmy days of the 
 
THE AUTHOR'S PREFACE. ix 
 
 Republic. In treating of the arts and sciences of the 
 Roman people, I have adhered to my general plan of 
 admitting no discussions on theories, but have merely 
 noticed the practice of them, and particulars which 
 may not inaptly be termed Antiquities of Literature and 
 Art, and are equally instructive and interesting. Whilst 
 detailing the objects of antiquity in the city of Rome, 
 I could not well omit a brief survey of the geography 
 of the Roman empire. 
 
 Should any one be inclined to question the benefit 
 of an acquaintance with antiquities, particularly as a 
 branch of education, he may as fairly question the 
 advantage of a knowledge of the history of the human 
 race, and confine the advantages of history to narratives 
 of battles, expeditions and triumphs, which many are 
 inclined to do ; for the pleasure derived by the mind 
 from such narratives is as the gratification furnished 
 by dramatic exhibitions, purchased without effort, and 
 enjoyed without fatigue. The gratification, moreover, 
 found by the learned and intellectual in literature, is 
 not the same as that found by the generality of readers ; 
 the former seek in works of art and literature that ideal 
 perfection, the perception of which the ancients thought 
 raised the mind of man to a level with that of the gods: 
 hence the history of the manners, institutions, and laws 
 of a nation delights them even more than narratives of 
 detached actions, as they look on both as emblems of 
 the lives and destinies of individuals. 
 
 If these remarks apply universally, how truly must 
 they apply in particular to the antiquities of Greece and 
 Rome. For, not to mention the Greeks, who can deny 
 
x THE AUTHOR'S PREFACE. 
 
 that the history of Rome is full of most striking and 
 memorable events ? Has anything existed more power- 
 ful or extensive than the Roman empire ? has any na- 
 tion left more stupendous memorials of ancient great- 
 ness 1 has any people exercised such an influence over 
 existing institutions, and the destinies of the present 
 generations of mankind? 
 
 These considerations must justify us in ranking the 
 study of Roman antiquities among the pursuits most 
 deserving of the attention of young men who aspire to 
 high attainments : if any other reasons are required, 
 they may be supplied by our considering that a know- 
 ledge of the antiquities of any country is now justly 
 held to be the very foundation of the knowledge of 
 its language, relieving the student from the trouble of 
 wading through a mass of notes in search of explana- 
 tions furnished him at once by a preliminary acquaint- 
 ance with antiquities. 
 
 No one, however, will derive so much benefit from 
 them as the law student, for a considerable portion of 
 them treats of subjects tending directly and indirectly 
 to elucidate laws and legal institutions. And the most 
 eminent professors of jurisprudence have ever im- 
 pressed on their scholars the necessity of studying the 
 Roman law first and principally. 
 
 Having thus stated the most obvious advantages 
 arising from the study of Roman antiquities, I shall 
 proceed briefly to state the plan I have followed in 
 treating the subject ; the limits which I assigned to it 
 I have already stated. I find that whilst one writer 
 has begun by the mythology and idolatry of the Ro- 
 
THE AUTHOR'S PREFACE. xi 
 
 mans, another has placed first a description of the 
 city, a third an account of the inhabitants of the em- 
 pire ; and this naturally enough, in a subject which 
 presents no decided series of connected links. - I do 
 not mean that it is of no consequence how the subjects 
 are arranged, but certainly it is very difficult to decide 
 on any particular principle of arrangement. I have 
 adopted, with trifling variations, the method followed 
 by Schaafe, in his Encyclopaedia der classichen Alter- 
 thumskunde. Creuzer terms his method of arrange- 
 ment geneiica, and leaves its meaning to be explained 
 in his lectures. 
 
 A consideration of some importance arises when we 
 undertake to decide whether events and subjects of a 
 totally different nature should not be collected into dis- 
 tinct periods, dating severally from great and eventful 
 changes ; this plan has been transferred from historical 
 compositions to treatises on literature and art, and has 
 been adopted by the justly celebrated Hugo, as well 
 as others, in writing the history of jurisprudence. I 
 approve highly of it in such subjects as these, but not 
 in antiquities : still, although I found it unadvisable to 
 follow the chronological order of events, I have taken 
 due care not to mix up particulars pertaining to one 
 period with others pertaining to a different one, and 
 incur a share of the blame which Meierotto has cast 
 upon many antiquaries, in the preface to his work, 
 Uber Sitten und Lebensart der Rcemer (On the Man- 
 ners and Domestic Life of the Romans). It would 
 be absurd and unjust for any one composing a work 
 like the following, not to take notice of the opinions 
 
xii THE AUTHOR'S PREFACE. 
 
 entertained by other writers, yet those who have fol- 
 lowed Sigonius, Gruchius, Spanheim, and others, who 
 may be termed the fathers of antiquities, have ne- 
 glected doing so, not even Heineccius nor the numerous 
 writers who have misrepresented what they have taken 
 from him. Greater credit for doing so is therefore 
 due to the learned Beaufort, who has struck out for 
 himself an original pathway through the mazes of Ro- 
 man antiquities. I have consulted this writer and se- 
 veral others, in my endeavours to arrive at truth, or 
 at the truest account attainable, waiving as much as 
 possible all discussions and new and startling conjec- 
 tures, as unfit for a synopsis; for I thought it prefer- 
 able to allow old opinions to remain unaltered in my 
 work, rather than to suggest new ones resting on no 
 surer foundation. I therefore thought it better to 
 reserve for my lectures the introduction of new theo- 
 ries, more particularly concerning the early form of the 
 Roman government, a subject sufficiently perplexed 
 and complicated before the suggestions of Niebuhr, 
 which are the productions of a penetrating genius, 
 but not always supported by sufficient arguments ; al- 
 though his system has found many admirers, it has 
 also met with a powerful opponent in Wachsmuth, 
 author of the iEltere Geschichte des Rcemischen 
 Staates. 
 
 I have no apprehension of being blamed by the truly 
 learned for excluding these new theories; there is a 
 class of men who are of a most accommodating cre- 
 dulity, provided a new opinion is promulgated with as- 
 surance; they are also equally mutable in their opi- 
 
THE AUTHOR'S PREFACE. xiii 
 
 nions, and their approbation or censure consequently 
 can be but of little moment; it is generally minds of 
 this class that gloat on the failure of others in explain- 
 ing things totally unintelligible to themselves, such as 
 they perceive to exist in Roman antiquities, in points 
 on which the testimonies of the ancients and the opi- 
 nions of the moderns are at issue. I wish these diffi- 
 culties occurred only in unimportant particulars, as for 
 instance, on what wood, stone, or metal the laws of 
 the XII Tables were written, and what the expressions 
 pignora ccedere and sarta tecta exigere mean, for these 
 may be left to the unprofitable researches of narrow 
 minds, who may bequeath the investigation to their 
 posterity, their solution being of no importance. There 
 are, however, questions of greater importance on which 
 ancient writers have left conflicting testimonies, and 
 which modern writers are daily distorting into one 
 sense or another ; whence we may safely conclude that 
 they are subjects which may be eternally discussed but 
 never settled. Among these perhaps may be classed 
 the order in which the centuriae gave their votes at 
 the comitia; (I have, in a note on section 163, stated 
 my conviction that the opinion of Savigny on this sub- 
 ject is preferable to that of Schulze) ; as also the form 
 of the edict of the praetor, remodelled by Salvius Ju- 
 lianus, by command of the emperor Hadrian, 194, 
 by which it is thought the power of introducing new 
 regulations was taken from the praetor. Before the 
 overwhelming authority of Hugo, this last opinion was 
 universally held, but having examined the proofs he 
 adduces in his History of Roman Law (Geschichte des 
 
xiv THE AUTHOR'S PREFACE. 
 
 Roemischen Rechts), I still resolved to retain in this 
 work the common opinion on the subject, as I only 
 partially approve of his. 
 
 I think no one will disapprove of my having merely 
 mentioned, not quoted, the passages of authors to 
 which I have referred ; in doing so I have taken care 
 to quote no passages but what I have examined, whe- 
 ther I use references furnished by other writers or 
 discovered by myself, and also that the references 
 should be accurately given. The selection of passages 
 appropriate to the illustration of subjects, is as indis- 
 pensable as it is tedious, and requires more than any 
 other point an intimate acquaintance with the language. 
 If all were persuaded of this, many who now heap 
 blunder on blunder would be deterred from writing. 
 
 I have inserted in the section on literature ( 409), 
 a list of classical writers on Roman antiquities, par- 
 ticularly the ancients who have written in Latin ; and 
 contented myself with quoting only a few Greek 
 writers, among which may be classed Laurentius Ly- 
 dus, mentioned among writers on magistrates, 183, 
 of very questionable authority, but still worth referring 
 to, as he is the only writer extant on the subject. 
 All writers who have treated on the whole, or on 
 parts of my subjects, I have noticed in a separate in- 
 dex, as it may not be uninteresting to readers to learn 
 from the titles of works the extent of the field of re- 
 search explored by writers on Roman antiquities. I 
 have also given a copious index of words and subjects, 
 which will add greatly to the value of the work in the 
 hands of young learners. 
 
ROJVLE ^TERNyE. 
 
 P(0/u,7), irals "Apeos, \acov fxeydOvfios avaaaa, 
 
 Kal ireiaaaa vo/xols, ovs iSafjuaaae fila. 
 TtyiGTas r dperds, heuvovs re Te/covaa rvpdvvovs, 
 
 Oavfxd re ytvofiivr), Oav/jua it ea ova a ftporols ! 
 %ol fjbev Oeol, Kparepwv t dvSpcov ireiTTCOKe Tpoiraia, 
 
 ,N H Be a fcpvylr\ avrrj yala \iyec, rls efyus' 
 %vv fxeydXrjv puKpalai Oavelv a yp fiolpa, 6avovcrr)9 
 "I'Xyea S' dOdvaros p,vpi eacoae fiios. 
 
ROMAN 
 ANTIQUITIES. 
 
 INTRODUCTION. 
 
 1. The ancients denoted by the term Antiquity, 
 either times, persons, or things far remote from their 
 own times and generation, or the history of such times, 
 persons, and things 1 . The history of them they also 
 simply called Antiquities, but more commonly restricted 
 the signification of this word to mean the ancient con- 
 dition, institutions, and customs of nations 2 . The 
 Greeks denoted both 3 by 'ApxaioXoyla*, which moderns 
 generally restrict to the history or description of ancient 
 art, and its productions. The word antiquities is, how- 
 ever, now commonly applied to only that part of history 
 which treats of the ancient condition of nations; and it 
 is used equally of the nations of the old, and those of 
 the new world, although it is most commonly applied 
 to the Greeks and Romans: and as Greek and Ro- 
 man literature is distinguished by the epithet of Classic, 
 so some have wished to call Greek and Roman anti- 
 quities, Classical Antiquities. 
 
 1) Nepos in Att. 20 : " Nullus dies tamen temere intercessit, 
 quo non aliquid de antiquitate ab eo requireret ;" Suet. Nero 38 : 
 ** Et quicquid visendum atque memorabile ex antiquitate duraverat ;" 
 Tac. Arm. 4, 16 : " Sicut Augustus quaedam ex horrida ilia antiqui- 
 tate ad praesentem usum flexisset ;" Cic. de Legg. 2, 11 : " Anti- 
 quitas proxime accedit ad deos." Cf. Cic. de Fin. 1, 20, et Plin. 
 H. N. 19, 4. 2) Cic. A. Q, 1, 2 : " In ipsis antiquitatum pro- 
 cemiis" (speaking of a work by Varro) ; Gell. 5, 13 : " Hujus moris 
 observationisque multa sunt testiraonia atque documenta in antiqui- 
 tatibus perscripta." Cf. idem 11, 1, and 13, 12 ; Tac. Hist. 2, 4, and 
 Plin. H. N. prsef. 3) The one sense is found in the title of the 
 work of Dionys. Halic. on Roman history, viz. 'PwjuaiK?) 'ApxaioXoyia. 
 
 B 
 
2 INTRODUCTION. [sect. 2. 
 
 For the other, see Plat. Hipp. Maj. ed. Bip. 286 : Traarjg rrjg dp- 
 XaioKoyiag ifiiGTa aKpo&vrai. 4) As dp%aio\oyia corresponds to 
 
 antiquitates, so dpxaioXoyog answers to antiquarius, which means 
 sometimes a writer on antiquities, sometimes a virtuoso. It is ap- 
 plied to conceited talkers on such subjects by Suet., Aug. 86 : 
 " Cacozelos et antiquarios pari fastidio sprevit," and Juven. 6, 
 454 : " Ignotosque mihi tenet antiquaria versus." 
 
 2. Taking, then, the word in its more current accep- 
 tation, I mean by Roman antiquities, an account of the 
 government, religion, military, civil, and domestic affairs 
 of the Romans, and of their public and private life : 
 and my object will be, to give such an account of these 
 as shall be drawn from well-authenticated sources, with 
 due regard to differences of time and place, and with 
 so much connection between the several parts of the 
 whole as the subject may allow of. Each writer, 
 having his own peculiar aim or view, divides his subject 
 in his own way; nor do all writers on the single subject 
 of antiquities, comprise the same range of subjects, nor 
 classify them in the same way, whether we look to the 
 general outlines, or the minuter subdivisions of the 
 subject. 
 
 3. In works of this kind, the object proposed may be 
 either a mere historical account of antiquities, or a de- 
 velopment of the advantages accruing to literature and 
 art in general from the knowledge of them. A sketch 
 has been given in my preface of the signal use of a 
 knowledge of Roman antiquities in general; and, in 
 particular, for the right interpretation of the classics, 
 and of the relics of ancient art ; and also of the especial 
 advantage to be derived from the study of Roman juris- 
 prudence. 
 
 4. The main sources of our knowledge of Roman 
 antiquities are the records and remains of the Roman 
 people, of whatever kind. These are divided by 
 writers into monumenta illiterata and monumenta lite- 
 rata : the former meaning all relics of art, whether 
 
sect. 5.] INTRODUCTION. 3 
 
 buildings, altars, stones, statues, paintings, vases, gems, 
 coins, or implements of war, husbandry, and domestic life, 
 etc. Among the monumenta literata are to be reckoned 
 not only the classic authors themselves, but also the 
 ecclesiastical writers, inscriptions, the fasti, calendars, 
 and so forth. There are very few works on antiquities 
 by the ancients themselves, whether particular treatises, 
 such as are the productions of Ovid, Frontinus, Vege- 
 tius, and Lydus ; or more miscellaneous writings, such 
 as those of Gellius, Macrobius, and Festus. Among 
 those whose writings are not concerned directly with 
 antiquities, the historians naturally rank first in im- 
 portance ; and chief among them must be those who 
 have interwoven notices of institutions and customs with 
 the main thread of history. 
 
 5. Modern writers on this subject (for a general ac- 
 count of whom see J. A. Fabricii Bibliographia Anti- 
 quaria, Hamburgi, 1760) may be divided into three 
 classes: some give merely letter-press; others, only 
 engravings of objects ; others, again, combine the two 
 modes of explanation. The works of the first are 
 commonly entitled Corpora, bodies of antiquity, ex- 
 plaining things at great length ; or Compendia or En- 
 chiridia, abridgments and compendiums, these being 
 shorter works for the use of lecturers and schools. 
 The number of such books is now so increased, that 
 only a few of the most valuable can here be noticed ; 
 and of the larger kind the best known is perhaps, 
 
 Rossini Antiquitatum Romanarum Corpus Absolutissimum, 
 cum Notis Dempsteri, Ultrajecti, 1710; Amstelodami, 1743, 
 4to. A very large and copious work, more adapted for the 
 use of the teacher than of the learner. 
 
 Among lesser works are the following : 
 J. H. Nieupoort Rituum, qui olim apud Romanos obti- 
 nuerunt, succincta explicatio. Trajecti ad Rhenum, 1712. A 
 book which has passed through several editions, (Berolini, 1784; 
 
 b2 
 
4 INTRODUCTION. [sect. 5. 
 
 Lugd. Bat. 1802,) and is deservedly praised: to which should 
 be added, C. G. Schwarzii Observatt. ad Nieup. Compen- 
 dium Antiqq. Rom., Altdorfii, 1757 ; and Haymann's Anmer- 
 kungen zu Nieupoorls Alter thumer, Dresden, 1786. 
 
 H. Kippingii Antiquitatum Romanarum libri quatuor. 
 Lugd. Bat. 1713. 
 
 Christoph. Cellarii Compendium Antiquitatum Ro- 
 manarum. Repeatedly edited, and last, Zierizeae, 1817, by 
 G. L. Mahne. Walchius appended notes to the third 
 edition, Halse, 1774. 
 
 De Romana Republica, by P. J. Cantelius, fifth edition, 
 Ultrajecti, 1707- 
 
 Fridr. Gruneri Introductio in Antiquitates Romanas. 
 Jenae, 1746 and 1782. 
 
 The following are works of small compass : 
 Petri Burmanni Antiquitatum Romanarum Brevis De- 
 
 scriptio. Repeatedly edited, and with the notes of Reizius, 
 
 Lipsise, 1809. 
 
 C. G. Heynii Antiquitas Romana, in primis juris Ro- 
 
 mani, in usum lectionum academicarum adumbrata, Got- 
 
 tingse, 1779. 
 
 Works on antiquities in the modern languages came 
 into use after those written in the Latin tongue : very 
 many have appeared in late times, especially in Ger- 
 many ; but the work of this kind most commonly used 
 is that by 
 
 Al. Adam, Roman Antiquities, London, 1791 and 1792. 
 Edited in Germany by J. L. Meyer, (Erlangae, 1818,) and in 
 French, under the following title, Antiquites Romaines, ou 
 Tableau des Mceurs, Usages et Institutions des Romains; 
 par Alexandre Adam, Paris, 1818 and 1826. A most 
 learned work. 
 
 La Republique Romaine, ou plan general de Vancien 
 gouvernement de Rome, par M. de Beaufort, a la Haye, 
 1766, 2 vols. 4to. 
 
 Maternus von Cilano ausfuhrl. Abhandlung der r'dm. 
 Alterthumer, published by Adler, Altona, 1774, 4 vols. 
 
sect. 5.] INTRODUCTION. 5 
 
 Reiz's Vorlesungen iiber die Romischen Alterthumer nach 
 Oberliris Tafeln, Lipsiae, 1796. 
 
 P. F. A. Nitsch Beschreibung des hauslichen, wissen- 
 schaftl., sit t lichen, gottesdienstl. Zustandes der Romer, 
 third edition, Erfurt and Leipzig, 1807-11, 4 vols. 
 
 Handbuch der classischen Litteratur von J. J. Eschen- 
 burg, sixth edition, Berlin and Stettin, 1816. 
 
 Encyclopaedic der classischen Alter thumskunde, von J. C. 
 L. Schaaf, second edition, Magdeburg, 1819, 2 vols. 
 
 Grundriss der Geschichte Erd-und Alt her thumskunde, 
 Litteratur und Kunst der Romer, by G. Al. Ruperti, 
 Gottingen, 1811. 
 
 Friedr. Creuzer's Abriss der Romischen Antiquitaten. 
 First published at Leipzig and Darmstadt, 1824, since which 
 there has appeared a second edition. 
 
 The most important treatises on particular branches 
 of antiquities are the following : 
 
 Thesaurus Antiquitatum Romanarum, compiled by J. G. 
 Grjevio, Ultrajecti, 1694-99, 12 vols. fol.; idem Venetiis, 
 1730-40. 
 
 Jo. Poleni Supplementa utriusque Thesauri, Venet. 
 1730-40, 5 vols. fol. 
 
 Novus Thesaurus Antiquitatum Romanarum, compiled by 
 A. H. de Sallengre, Hagae Comitum, 1715-19; Venetiis, 
 1735, 3 vols. fol. 
 
 Histoire de V Academie des Inscriptions et Belles-lettres, 
 avec les Memoires de Litterature, etc. (Paris, dating from 
 
 1717.) 
 
 The dictionaries of Roman antiquities best known 
 are the following : 
 
 Lexicon Antiquitatum Romanarum, by Sam. Pitisco, 
 Leowardiae, 1713, 2 vols. fol. ; Venetiis, 1719, et Hagae Comi- 
 tum, 1737, 3 vols. fol. 
 
 Greek and Roman antiquities are combined in the Neues 
 ReaUSchullexicon, by C. P. Funke, Wien und Prag, 1815, 
 5 vols. Of the more early works of this kind, and combining 
 the Greek and Roman antiquities, is the Lexicon Petri 
 Danetii. 
 
6 INTRODUCTION. [sect. 5. 
 
 Among the most celebrated works on ancient Roman 
 jurisprudence is 
 
 J. G. Heineccii Antiquitatum Romanarum Jurispruden- 
 tiam illustrantium syntagma, (among the best editions is that 
 of Argentorat. 1755, 2 vols. 8vo., and the best of all is by C. 
 G. Hauboldii, Francofurti, 1822.) 
 
 Historia Juris Civilis Romani ac Germanici, by J. G. 
 Heineccio. Repeatedly edited, and with the observations 
 f J.D. RiTTER,Lugd. Bat. 1748. 
 
 Jo. August. Bacchii Historia Jurisprudentia Romance, 
 fourth edition, Lipsiae, 1782; sixth edition, A. C.Stockmann, 
 Lipsiae, 1807. 
 
 Lehrbuch der Geschichte des romischen Rechls bis auf 
 Justinian, by Hugo ; first edited at Berlin, 1822; since which 
 there have been several new editions. 
 
 Thus much must suffice for the present on this 
 point. An account of works on particular branches of 
 this division of the subject will be found at the end of 
 this work. 
 
 The other class of useful works on antiquities, com- 
 prises those on archaeology ( 1), or the description of 
 the arts and monuments of the ancients. These are 
 very numerous, only the following can be now men- 
 tioned : 
 
 VAntiquite expliquee et representee en figures par Bern. 
 de Montfaucon, Paris, 1719-22, with supplemm,, also at 
 Paris, 1724, 15 vols. fol. 
 
 Recueil oV Antiquites Egyptiennes, Etrusques, Grecques et 
 Romaines,-par M. le Cte. de Caylus, Paris, 1752-67,7 vols. 
 4to. 
 
 II Museo Capitolino, Roma, 1747-83, 4 vols. fol. 
 
 Museum Florentinum, cum Qbservatt, A. F. Gorii, Flo- 
 rentine, 1731-42. 
 
 II Museo Pio-Clementino descritto da Ennio Quirino 
 Visconti, Roma, 1782, 6 vols. fol. 
 
 Monumenti Antichi inediti, spiegati et illustrati da Giov. 
 Winkelmann, Roma, J767> 2 vols. fol. 
 
sect. 7.3 INTRODUCTION. 7 
 
 Monumens antiques inedits, ou nouve Heme tit expliques par 
 A. L. Millin, Paris, 1802, 2 vols. 4to. 
 
 Galerie du Musee Napoleon, publiee par Filhol et redigee 
 par Lavallee, Paris. 
 
 Antiquites d'Herculanum, gravees par Th. Piboli et 
 publiees par F. et P. Pirane si, freres, Paris, 1804-6, 6 vols. 
 4to. 
 
 Galerie Mytkologique, par A. L. Millin, Paris, 1811, 
 2 vols. 
 
 Resume complet d'Archeologie, par M. Champollion- 
 Figeac, Paris, 1825, 2 vols. 16mo. 
 
 Besides entire works, expressly on antiquities, the 
 notes of the learned on the classical writers, as those of 
 Lipsius on Tacitus, their excursus, and scattered re- 
 marks, afford important aids for this study : and great 
 advantage would be derived from the compilation of a 
 book of reference to such scattered pieces, which are 
 dispersed over a great extent. 
 
 6. Most writers on Roman antiquities embrace in 
 their works two distinct branches of them : the one 
 giving a description of Rome itself, with its public 
 works and monuments ; the other treating of the con- 
 dition, institutions, and manners of the Roman people : 
 to the former is generally added a topographical ac- 
 count of the Roman empire, which I shall give very 
 briefly in the sections immediately following. The 
 antiquities of the city itself, however, ought, I think, 
 neither to be wholly omitted, nor given at any length: 
 for some knowledge of them is serviceable and enter- 
 taining to classical students, but a full and detailed 
 account of them belongs to works written expressly on 
 the subject, and will not enter into the plan of my 
 book. 
 
 7. My work consists of two Parts, divided into 
 chapters, which are subdivided into sections. Part 
 the First gives an account of the government and 
 
8 INTRODUCTION. [sect. 7. 
 
 public affairs of the Romans ; the Second treats of 
 their private life. The First Part contains the fol- 
 lowing six chapters : 
 
 I. Of the different divisions of the subjects of the 
 
 Roman empire, with their several conditions. 
 
 II. Of the form of the government, and its admi- 
 
 nistration. 
 
 III. Of the laws, and the administration of justice. 
 
 IV. Of the religion and public games. 
 
 V. Of military affairs. 
 
 VI. Of agriculture, commerce, manufactures, trades, 
 
 money, weights and measures and also of 
 the revenue. 
 The Second Part of the work contains two chapters : 
 
 I. Of the character, genius, literature, and fine arts 
 
 of the Romans. 
 
 II. Of their manners and private life. 
 
ROMAN ANTIQUITIES, 
 
 PRELIMINARY VIEW OF THE ROMAN 
 EMPIRE. 
 
 8. The Roman empire originated in 3 very small 
 state, the territory of which was greatly extended by 
 the first kings, but, as some assert, was considerably 
 diminished by the terms of the treaty with Porsena 1 . 
 It afterwards progressively increased, slowly indeed at 
 first, but more rapidly from the close of the fifth cen- 
 tury from the foundation of the city, when, the whole 
 of Italy being now comprised in it, it continued rapidly 
 to extend itself, until, about the time of the Caesars, it 
 embraced all the parts of the three quarters of the 
 world ; around the Mediterranean, extending inland to 
 the Rhine and the Danube northward, to the Euphra- 
 tes eastward, to the Deserts of Libya on the south, 
 to the Atlantic ocean on the west ; and these limits 
 were still further extended in some directions by the 
 Caesars. Augustus made an accurate division of the 
 empire, which was altered by Adrian, and again by 
 Constantine 2 . The European portion of the Roman em- 
 pire, at the time of its greatest extent, comprised then 
 Spain, Gaul, Britain, Italy, the regions on this side the 
 Danube, and those adjacent to the iEgean and Eux- 
 ine, or Black sea. 
 
 1) Cf. Beaufort, Sur l'lncertitude de 1'Hist. Rom. p. 2. c. 8; and 
 Niebuhr, vol. i. p. 382-454. 2) Cf. Jos. Seal. Notit. Gall, 
 init. 
 
10 ROMAN ANTIQUITIES. [sect. 9. 
 
 9. Hispania (called Iberia, from the river Iberus, (the 
 Ebro,) and Hesperia, from its western position) lay be- 
 tween the ocean and the Pyrenees, being divided from 
 Africa by the fretum Gaditanum, or Herculeum. Its 
 chief rivers were the Iberus, flowing into the Mediter- 
 ranean, the Minius, Durius, Tagus, Anas {Guadiana), 
 Eaetis {Guadalquivir), into the Atlantic ocean ; among 
 its mountains were the Pyrenaei, Idubeda, Orospeda, 
 Marianus {Sierra Moreno), its promontories Artabrum 
 (Nerium, Finisterra), Barbarium {de Espichel), Sa- 
 crum (&. Vincent), Calpe {Gibraltar), over against 
 Abylae in Africa, Charidemi {de Gates), Scombraria 
 {de Palos), Dianium {Martin), Aphrodisium {de Creus). 
 The divisions of the country were, Hispania Citerior, 
 or Tarraconensis, Lusitania and Bagtica. Lusitania *, 
 bounded by the Durius and the Anas, comprised the 
 Vettones, Lusitani, and Celtici, and contained the cities 
 of Salamantica, Norba Caesarea {Alcantara), Emerita 
 Augusta {Merida), Pax Julia {Beja), Ebora, Lacobriga 
 {Lagos), Olysippo {Lisboa, Lisbon), Scalabis, Conim- 
 briga ; Baetica, which lay between the Anas and Oros- 
 peda, comprised the districts of Baeturia, the Turdetani, 
 Turduli and Bastuli, and the cities Corduba, Hispalis 
 {Seville), Malaca, Munda, Asta, Gades. Hispania Ci- 
 terior comprised all the rest of the country, containing 
 Celtiberia, among other districts. The tribes in the 
 northern part were the Callaici, or Gallaeci, Astures, 
 Cantabri, and the Vascones; in the interior were the 
 Celtiberi, Carpetani, Ilergetes; on the coasts of the 
 Mediterranean lay the Indigetes, Cosetani, and others. 
 The cities of Hispania Citerior were Barcino {Barce- 
 lona), Tarraco, Saguntum {Murviedro), Valentia, Car- 
 thago Nova, Lucentum {Alicant), Toletum, Mantua 
 {Madrid), Bilbilis {Baubola), Caesar Augusta or Salduba 
 {Saragossa), Ilerda, Numantia, Pompelon, Juliobriga, 
 Brigantium, Bracara Augusta {Braga), Asturica Au- 
 
sect. 10.] ROMAN ANTIQUITIES. 11 
 
 gusta (Astorga), Segovia. The Insulae Baleares (major 
 and minor) and the two Pityusae, Ebusus and Ophiusa, 
 were considered to belong to Spain. 
 
 1) Afterwards called Portugal, from Cale (Porto), a harbour of 
 Gallicia. 
 
 10. Gaul was originally divided by the Romans into 
 Cisalpina (also called Citerior and Subalpina), and 
 Transalpina; the Cisalpina, however, was soon consi- 
 dered as part of Italy l s its inhabitants being admitted 
 to the rights of Roman citizens. The Transalpina con- 
 tained, besides modern Gaul (Francia), the Helvetii, 
 Belgae, and Batavi. Its rivers were the Garumna, 
 Liger (Loire), Sequana, and Scaldis, flowing into the 
 ocean ; the Rhodanus, which, after receiving the Arar 
 (Saone), falls into the Mediterranean, the Mosella, which 
 joined the Rhine, the latter forming the boundary be- 
 tween Gaul and Germany, and the Mosa, which after re- 
 ceiving an arm of the Rhine, called Vahalis, also falls into 
 the ocean. Among the minor rivers were the Matrona, 
 Isara or Osia (Oise), Sabis (Sambre), Druentia, and Me- 
 duana (Mayenne). Besides the Alps and the Pyrenees, 
 it contained the mounts Jura, Vogesus, and Cebenna 
 or Gebenna. Gallia Primaria contained, 1. Gallia Nar- 
 bonensis (braccata, Provincia), between Gallia Cisal- 
 pina, Cebenna, and the Pyrenees, in which were the 
 Allobroges, Volcae, Salyes, and the cities Narbo, To- 
 losa, Nemausus (Nimes), Massilia, and Vienna ; 2. Gal- 
 lia Aquitanica, between the Pyrenees and the Liger, 
 in which were the Aquitani, Santones, Pictones, Bitu- 
 riges, Arverni, Cadurci, and Lemovices, with the cities 
 Burdegala (Bordeaux), Mediolanum (Saintes), Limo- 
 num (Poitiers), Augustoritum (Limoges), Divona (Ca- 
 hors), Climberrum (Aucli) ; Gallia Lugdunensis (Cel- 
 tica), between the Liger, the Sequana, and the Arar, 
 
12 ROMAN ANTIQUITIES. [sect. II. 
 
 contained the iEdui, Lingones, Tricasses, Parisii, Se- 
 nones Carnutes, Cenomani, Redones, and Veneti, with 
 the cities Lugdunum, Augustodunum (Bibracte, Autun), 
 Alesia (Alise, now a village), Divio {Dijon), Automa- 
 tunum (Langres), Augustobona (Troyes), Lutetia Pari- 
 siorum (Paris), Mediolanum (Evreux), Rotomagus 
 (Rouen), Noviomagus (Lizieux), Antricum (Chartres), 
 Genabum, Aureliani (Orleans), Caesarodunum (near 
 Tours), Juliomagus (Angers), Condate (Rennes), Dario- 
 rigum. Gallia Belgica, bounded by Gallia Narbonensis, 
 Lugdunensis, the Rhine, and the sea, comprised Hel- 
 vetia, and at first also those regions within the Rhine, 
 (among which was Batavia,) which subsequently were 
 distinguished into Germania Superior and Germania 
 Inferior. Among the nations it contained were the Mo- 
 rini, Atrebates, Ambiani, Suessones, Remi, Catalauni, 
 Leuci, Mediomatrici, Treveri, Tungri (Eburones, Adu- 
 atici), Nervii, Menapii, Sequania, and Helvetii ; among 
 its cities were Solodurum (Solothurn), Aventicum, Tu- 
 rega (Turicum, Zurch), Constantia, Basilea, Vesontio 
 (Besancon), Tullum, Divodurum (Metis), Virodunum, 
 Augusta Suessonum (Soissons), Durocatalaunum (Cha- 
 lons-sur-Marne), T>uTocovtovum (Rkeims), Argentoratum 
 (Strasbourg), Moguntiacum (Mayence), Treveri (Au- 
 gusta Treverorum), Confluentes (Coblence), Colonia 
 Agrippina, Novesium (Nuys), Vetera Castra (Santen), 
 Aduatuca (Tungri), Noviomagus (Nimegue), Trajec- 
 turn (Ultrajectum), and Lugdunum (Batavorum, Leyde)* 
 
 1) See Cellar. Geogr. Ant 1. 2. c. 9. 31. 
 
 11. Beyond Gaul the Roman empire extended to 
 the islands still called Britannic. Of these England, 
 Anglia (Angli), and a small portion of Scotland, added 
 under the reign of Nero, were called Britannia Ro- 
 mana ; the rest, Britannia Barbara, or Caledonia, 
 
sect. 12.] ROMAN ANTIQUITIES. 13 
 
 Among the rivers of Britannia Romana, were the 
 Tamesis, Sabrina (Severn), Tina; and Glota (Clyde) ; 
 among its nations, the Cantii, Belgae, Dumnonii, Atre- 
 bates, Trinobantes, Coritani, Brigantes, Cornavii, De- 
 metae, Silures, and Dobuni ; in the part of Scotland 
 which the Romans possessed, lay the Damnii, Ottadini, 
 and Selgovae; among its cities were Darvernum (Canter- 
 bury), Sorbiodunum (Salisbury), Isca (Exeter), Lon- 
 dinium, Colonia (Colchester), Lindum (Lincoln), Alone 
 (Lancaster), Eboracum ( York), Deva {Chester, the sta- 
 tion of the Legio XX. or Victrix), Clevum (Gloucester), 
 and Alata Castra (Edinburgh). In Caledonia were the 
 Caledonii and Picti. Hibernia (Ierne), with whose city 
 Eblana (Dublin), the Romans were acquainted by trade, 
 but not in the course of their wars, (cf. Tacit. Agric. 24,) 
 was not included in the empire. Among the lesser islands 
 they claimed Vectis (Isle of Wight), Mona (Man), the 
 Cassiterides, Ebudes, and Orcades. Beyond Caledo- 
 nia lay Thule, a fabulous island of which they knew 
 not the situation. 
 
 12. Italy, otherwise called Saturnia, from Saturn, 
 and Hesperia from its western position relative to 
 Greece, and Ausonia or CEnotria, from its inhabitants, 
 was considered, down to the time of Caesar, to extend 
 northwards only to the rivers Rubicon and Macra; after 
 his time its confines were carried further north, and dis- 
 tinguished into Italia Superior, Italia Media, and Italia 
 Inferior. The first was divided into Gallia Cisalpina 
 ( 10) or Togata, and Liguria. Gallia Cisalpina was 
 divided into Gallia Cispadana and Transpadana, by 
 the river Padus (Eridanus), which flows into the Adri- 
 atic. Of its other rivers, the Duria, Ticinus, Addua, 
 and Mincius flow into the Padus from the north, the 
 Tanarus and Trebia from the south, and the Athesis, 
 Plavis, and Timavus, discharge themselves into the 
 Adriatic. The lakes were the Benacus (Lago di 
 
14 ROMAN ANTIQUITIES. [sect. 13. 
 
 Guarda), Larius (Lago di Como), Verbanus (Lago 
 Maggiore); among its mountains were the Alpes Cot- 
 tiae, Graias, and Penninae ; its nations were the Tau- 
 rini, Insubres, Cenomani, Senones, and Boii Lingones ; 
 among its cities, which were mostly Roman colonies, 
 -Tergeste, Aquileia, Patavium, Vicentia, Verona, Man- 
 tua, Cremona, Brixia, Mediolanum, Ticinum (Pavia), 
 Augusta Taurinorum (Turin), and Vercellas lay beyond 
 the Padus : Ravenna, Felsina (Bononia, Bologna), Mu- 
 tina, Parma, and Placentia on this side the Padus. 
 Liguria (Ligures), between the Macra and the Varus, 
 contained the cities Genua, Asta, Nicaea, Alba, Pom- 
 peia, and Liberna. 
 
 13. The upper portion of the territory first called 
 Italy, was called Media after the accession of Gallia 
 Cisalpina, extending from the Rubicon and Macra to 
 the Silarum and Frento ; besides which rivers it con- 
 tained the Arno, Tiber (Albula), Anio (Teverone), Li- 
 ris, Vulturnus, Aternus, Metaurum, and Tifernum ; the 
 lakes Volsinius, Trasimenus, and Regillus, and the 
 Apennine mountains. The western part of this divi- 
 sion, washed by the Etrurian sea (mare Tyrrhenum, 
 Tuscum, inferum), contained Etruria (Tuscia, Tyr- 
 rhenia), Latium, and Campania ; on the side of the 
 Adriatic (Adria, mare superum, Ionium) lay Umbria, 
 Picenum, the Vestini, Marrucini, and Frentani ; in the 
 centre were the Sabini, Marsi, Peligni, Samnium, and 
 Hirpini. The Arno was the chief river of Etruria : 
 among its cities, twelve of which were from the earliest 
 times united in one confederacy, were, between the 
 Macra and Arno, Pistoria, Luca, Pisa?, Florentia, Fe- 
 sulae ; between the Arno and the Tiber, were Herculis 
 liburni Portus (Livourne), Volaterrae, Sena, Rusellae, 
 Cortona, Arretium, Clusium, Perusia, Vulsinii, Forum 
 Aurelii, Tarquinii, Fescennia, Falerii, Caere, and Veii. 
 Among the rivers of Latium were the Tiber, Anio, 
 
sect. J 5.] ROMAN ANTIQUITIES. 15 
 
 and Liris ; its nations were the Latini, Hernici, iEqui, 
 Volsci, Rutuli, and Aurunci ; Latium was distinguished 
 as New and Old : Old Latium, between Etruria and 
 the Circeian promontory, contained Rome, Tibur, Ga- 
 bii, Tusculum, Ostia, Praeneste, Alba Longa (near the 
 Alban lake), Aricia, Ardea, Lavinium, Velitae, Suessa 
 Pometia, Antium, and Forum Appii. In New Latium, 
 between the Circeian promontory and the Liris, were 
 Fundi, Tarracina (Anxur), Formiae, Cajeta, Minturnae, 
 Privernum, Arpinum, and Aquinum. The Pomptine 
 marshes, so called from Suessa Pometia, lay between 
 the Ufens and Nymphasum. 
 
 14. Campania, extending from the Liris to the Sila- 
 rum, contained also the river Vulturnus, and the moun- 
 tains Massicus, Falernus, and Vesuvius : it was also 
 remarkable for the lakes Avernus and Lucrinus, the 
 Acherusian marsh, and the Campi Phlegraei. Its two 
 principal cities were Capua and Neapolis, besides which 
 it contained Venafrum, Cales, Atella, Nola, Hercula- 
 num, Pompeii, Stabiae, Liternum, Cumae, Puteoli, Baiae, 
 Misenum, Surrentum, Salernum. In Umbria, between 
 the Rubicon the iEsis and Nar, were the cities Ari- 
 minum, Pisaurum, Tifernum Tiberinum, Fulginium, 
 Spoletium, Interamna, Ameria, Narnia, Mevania, Ocri- 
 culum ; in Picenum (Picentes), lay Ancona, Asculum 
 Picenum, Hadria ; among the Vestini, Pinna and An- 
 gulum ; among the Marrucini, Teate and Aternum ; 
 among the Frentani, Ortona, Auxanum, Histonium, and 
 Teanum ; among the Sabini, Fidenae, Cures, Reate, 
 and Amiternum; among the Marsi, Marrubium ; among 
 the Peligni, Corfinium and Sulmo ; in Samnium (Sabini, 
 Samnites) Aufidena, Bovianum, Saepinum, and Tre- 
 ventum ; among the Hirpini, Beneventum and Cau- 
 dium. 
 
 15. Italia Inferior, extending from the rivers Silarus 
 and Frento to the Sicilian sea, was called Magna Gras- 
 
16 ROMAN ANTIQUITIES. [sect. 16. 
 
 cia, from the number of the Greek colonies which had 
 appropriated it almost entirely to themselves. In it 
 were the rivers Silarus, Acheron, and Aufidus ; the 
 promontories Scyllaeum, Leucopetra, Herculis, Salen- 
 tinum, and others ; on the east lay Apulia and Cala- 
 bria, on the west Lucania and the Bruttii. Apulia, 
 reaching from Frento to the Tarentine gulf, was di- 
 vided by the river Aufidius into Daunia and Peucetia : 
 it contained also the river Cerbalus, and the mount 
 Garganum ; in Daunia lay Arpi (the city of Diomede), 
 Luceria, and Sipontum ; in Peucetia were Venusia, 
 Barium, and Cannae. Above Apulia were the insulae 
 Diomedeae. Calabria (Japygia, Messapia), above the 
 sinus Tarentinus, is by some considered part of Apu- 
 lia ; its inhabitants were the Calabri, and on the Iapy- 
 gian promontory, the Salentini ; its cities were Brun- 
 dusium, Rudiae, Tarentum, Callipolis. Lucania (Lu- 
 cani), between the rivers Silarus and Laus, contained 
 the cities Paestum (Posidonia), Velia (Elia), Atinum, 
 Buxentum, Thurii (Sybaris), Heraclea (Ciris), Meta- 
 pontum ; in Bruttium, between the Laus and the Straits 
 of Sicily, lay the cities Pandosia, Consentia, Terina, 
 Vibo, Valentia, Rhegium, Locri, Mamertum, Scyla- 
 cium, and Croton. 
 
 16. At the extremity of Italy lay Sicily (Siculi, Si- 
 cani; Sicania, Trinacria, Triquetra), inhabited by nu- 
 merous tribes, chiefly of Greek origin. In it were the 
 rivers Onobola, Symethus, Himera, Acragas, Hypsa, 
 Halaesus; the mountains iEtna, Heraei, Nebrodes, Cra- 
 tas, Eryx ; the promontories Pelorum, Pachynum, Lily- 
 baeum ; its cities were, in the eastern part of the island, 
 Messana, Catana, Leontini, Syracusae: in the southern 
 lay Camarina, Gela, Agrigentum, Selinus, Lilybaeum : 
 in the northern, Drepanum, Eryx, Segesta, Panormus 
 {Palermo), Himera : in the interior were Entella, Enna, 
 Herbita, Hybla major, Mense. Adjacent to Sicily were 
 
sect. 17-] ROMAN ANTIQUITIES. 1J 
 
 the insulae yEoliae (Vulcanise), JEgates, and others; and, 
 at a little distance, Melita (Malta), West of Etruria 
 lay the island of Corsica, containing the mountain 
 called Mons Aureus, the Promontorium Mariamnum, 
 and Pr. Sacrum (capo Corso), and the cities Mantini, 
 Mariani, Aleria. Below Corsica lay Sardinia, the chief 
 river of which was Thyrsus; its cities were Cornus, 
 Caralis (Cagliari), Olbia. Adjacent to Etruria were the 
 smaller islands of Ilva (Elba), and Planasia (Pianosa) 
 close to this; on the coast of Campania wereCapreae and 
 iEnaria, or Pithecusa ; and at a short distance Pontia 
 and Pandataria. 
 
 17. The regions on this side the Danube, which 
 were added to the empire chiefly under Augustus, 
 were Rhaetia, Vindelicia, Noricum, Pannonia, Illyri- 
 cum ; to which some add Mcesia. Rhaetia, which lay 
 just beyond Gallia Transpadana, and east of the Hel- 
 vetii, was a mountainous district (Alpes Rhaeticae) ; its 
 rivers were the Rhenus, iEnus, (CEnus, Inn), Ticinus, 
 Athesis ; it bordered on the lakes Verbanus and La- 
 rius ( 12); its towns were Veldidena (Wilten), .ZEni 
 Pons (Inspruck 1 ), Terioli (whence the modern name 
 Tyrol), Curia, Tridentum, Belunum. Vindelicia, be- 
 tween the Danube, iEnus, Rhaetia and the Helvetii, 
 contained also the rivers Licus (Lichus, Lech) and 
 Isargus (Isere) ; with the cities Augusta Vindelicorum 
 (Augsburg), Brigantium (on the Lacus Acronius, Lake 
 of Constance), Batava Castra (Passau), Regina Castra 
 (Reginum, Regensburg), Isinisca (Munich ?) ; Nori- 
 cum, extending from the Danube to the Alpes Noricae 
 and the river Savus, contained among other rivers, the 
 Anisus (Ens), Murus, and Dravus ; the cities Boiodu- 
 rum (Instadt), Lentia (Linz), Juvavia (Sahburg), Vi- 
 runum ( Volkmark). Pannonia, between the Savus and 
 the Danube, reckoned among its streams, the Arrabo 
 and the Dravus, among its mountains the Mons Cetius, 
 
 c 
 
18 ROMAN ANTIQUITIES. [sect. 18. 
 
 and among its inhabitants the Scordisci and Taurisci. 
 It was divided into Pannonia Superior, containing Vin- 
 dobona (Vienna), Arrabona (Raab), Sabaria, Aqua? 
 (Baden), Nauportum (Ober Laubach), and Pannonia 
 Inferior, in which were Bregetio, Acincum (Buda, Of en), 
 Sirmium, Mursa (Essek). Illyricum was a general name 
 for several regions between the Danube and the Adri- 
 atic, but properly meant the maritime district between 
 Histria and the rivers Savus and Drinus. The name, 
 in its wider application, is said to have comprised Li- 
 burnia, Dalmatia, and Illyris Graeca, which became 
 part of Macedonia ( 24.) Among its rivers were the 
 Arsia, Titius, Naro; among its mountains Albius and 
 Scardus. Liburnia had the towns Metulum, Flanona, 
 Senia (Zeng), Scardona, Dalmatia, Tragurium, Salona, 
 Epidaurus (Ragnsa Vecchia), Rhizinium (Risino), Sco- 
 dra, Olcinium (Dulcigno). To lllyrium belonged the 
 islands Scardona, Corcyra Nigra (Curzola), Melita 
 (Meleda). Concerning Mcesia, see 24. The province 
 of Dacia ( 25), which lay beyond the Danube, was 
 added to the empire by Trajan, but soon afterwards 
 abandoned. Concerning Sarmatia, see 25. 
 
 1) See Cellar. Geogr. Ant. 1. 2. c. 7. 44. 
 
 18. The extensive interior of Germany, beyond the 
 Danube and the Rhine, remained unknown to the Ro- 
 mans. With so much as touched upon the immediate 
 frontiers of their territory they were rather better ac- 
 quainted, but very little of it was added to their em- 
 pire l . Among the rivers of Germany they reckoned, 
 besides the Rhine and the Danube, the Menus, Nicer, 
 Luppia, Visurgis, Amisis, Sala, Albis, Viadrus (Oder), 
 and Vistula ; among its mountains, the Taunus, Ab- 
 noba, x\sciburgius, Melibocus, Rhetico (Siebengebirge), 
 and Sevo; among its forests, the Sylva Hercynia 
 (Harz), Marciana or Nigra (Schwarz- Wold), Teuto- 
 
sect. 19.] ROMAN ANTIQUITIES. 19 
 
 burgensis, Caesia, and Bacenis. They divided the whole 
 into Germania Transrhenana (Magna or Barbara), and 
 G. Meridionalis, the regions between the Albis and the 
 Vistula, Germania trans Vistula, and G. Transmarina. 
 In G. Transrhenana were the Frisi, chief town Amisia, 
 the Marsi, Bructeri, Tencteri, Usipetes, Sicambri, 
 Catti, chief town Mattium {Marburg), the Cherusci, 
 Chamavi, and Tubantes. In G. Meridionalis were the 
 Allemanni, Marcomanni, Narisii, Hermunduri, and 
 Quadi ; between the Albis and Vistula, were the Suevi, 
 among whom were the Angli, Fosi, Teutones, Cimbri, 
 Longobardi, Varini, Rugii, Semnones, Vandali, Go- 
 thones, Lygii, iEstii, and Venedi. To G. Transmarina 
 belonged the inhabitants of the coasts and islands of the 
 Sinus Codanus (the Baltic), the region itself compris- 
 ing Scandinavia and Eningia (Finnland), and among 
 the nations those called Sitones, Suiones, and Fenni. 
 
 1) Cf. Tac. Germ. 29. 2) Cf. ib. 44. 
 
 19. The regions around the JEgean and the Black sea 
 (Pontus Euxinus) and belonging to the Roman empire 
 were Achaea, the Greek islands, Macedonia, Thrace, 
 Moesia, and Dacia. The Roman province of Achaea 
 comprised what is generally called Greece, to the ex- 
 clusion, however, of Macedonia, extending from Mace- 
 donia to the Illyrian, JEgean, and Ionian seas, and di- 
 vided into three parts, the Peloponnese, Central (Me- 
 dia), and Northern Greece. The first comprised the 
 districts of Achaea, Argolis, Laconia, Messenia, Elis or 
 Elea, and Arcadia, situated in the very heart of the 
 peninsula. The chief river of Achaea, which formed the 
 northern coast of the Peloponnese, was the Melas ; and, 
 among other lesser streams, was the Selinus. Achaea 
 (Ionia, iEgialos) was subdivided into Achaea, properly 
 so called, and which gave its name to the whole, Sicy- 
 onia, and Corinth. Achaea had twelve cities, among 
 
 c2 
 
20 ROMAN ANTIQUITIES. [sect. 20. 
 
 them being Dyme, Patrae, ^Egion, iEgira, and Pel- 
 lene; Sicyon had the towns Sicyon and Phlius; Co- 
 rinth contained the town so called, anciently named 
 Ephyre, on the isthmus formed by the Corinthian and 
 Saronic gulfs, with its citadel Acrocorinthus, the fount 
 Pirene, and the harbours Lechaeum and Cenchreae. In 
 Argolis, which was a peninsula stretching out between 
 the Argolic and Saronic gulfs, were the rivers Inachus 
 and Phryxus ; the lake Lerne ; the cities Argos, with 
 its harbour Nauplia, Mycenae, Epidaurus, and Her- 
 mione, besides the smaller but memorable towns of 
 Lerna, Nemaea, Tiryns, and Trcezen. Cynuria, with 
 its chief town Thyrea, is considered to have belonged 
 to Argolis. 
 
 20. Laconia and Messenia were the southern regions 
 of the Peloponnesus, and formed the Laconic and Mes- 
 senium gulfs, the former lying between the promonto- 
 ries Taenarum and Malea. The Eurotas was the chief 
 river of Laconia, which also contained two remarkable 
 mounts; the one named Taygetus terminated in the 
 promontory of Taenarum (Cape Matapan), the other in 
 Malea. Lacedaemon, or Sparta, was the chief city of 
 Laconia, which also contained Amyclae, Therapnae, 
 Sellasia, Leuctrum, Taenarum (Caenepolis), Teuthrone, 
 Gythium, Asopus, and Epidaurus Limera. There 
 were also the two promontories called Achilleus and 
 Psamathus. Messenia, which lay westward of Laco- 
 nia, had the river Pamisus; the mountains iEgialeos 
 and Temathea; the towns Messene, Ithome, and Thu- 
 ria; and on the coast, Pherae, Corone, Methone (Mo- 
 don), and Pylos, over against which last lay the island 
 of Sphacteria, and the islets called Cyparissae. In 
 Elis, which lay above Messenia, were the rivers Al- 
 pheus and Peneus, and the Larissus, which separated 
 it from Achaea ; the towns Elis, Cyllene, Pylos Eliaca, 
 Pisa, on the Alpheus close to Olympia, and Pylos Tri- 
 
sect. 21.] ROMAN ANTIQUITIES. 21 
 
 phyliaca. The parts of the Peloponnesus now men- 
 tioned enclosed the central district of Arcadia, which 
 had the rivers Alpheus, Erymanthos, and Stymphalos ; 
 the mountains Cyllene, Erymanthos, Maenalus, and 
 Parrhasius; and had among its towns Mantinea (Tra- 
 polizza), Tegea, Megalopolis, Heraea, Psophis, and 
 Orchomenos. Among the lesser towns were Stympha- 
 los, Pallantium, Lycoa. 
 
 21. Central Greece, which was also properly called 
 Hellas (EWas), extended from Attica to Thesprotia, 
 and comprised the regions of Attica, Megaris, Bceotia, 
 Phocis, the two districts called Locris, Doris, iEtolia, 
 and Acarnania. 
 
 Attica (Actaea, Acte, a/cT7]) t bounded on the north 
 by Bceotia, and on its other sides by the sea, contained 
 the rivers Ilissus and Cephissus ; the mounts Hymettus 
 and Pentelicus ; and the promontories of Sunium and 
 Cynosura. Its capital was Athene (Cecropia), with its 
 ports Pyraeus, Phalereus and Munychia. Among its 
 other towns were Eleusis, Sunium, Panormos, Mara- 
 thon, Rhamnus, Decelia, and Phyle. The Megarid 
 (Megaris), chief town Megara, joined Attica on the west. 
 In Bceotia, north of Attica, were the rivers Asopus and 
 Ismenus; the fountains of Dirce and Aganippe; the 
 lake Copais ; and mounts Helicon and Cythaeron. Its 
 capital was Thebae ; besides which were the cities Ta- 
 nagra, Plataeae, Leuctra, Thespiae, Lebadia, Chaeronea, 
 and Orchomenos. Phocis, west of Bceotia, contained 
 the river Cephissus ; mount Parnassus ; and the cities 
 Delphos, Crissa (sinus Crissaeus), Cyrrha, Anticyra, and 
 Elatea. East of Phocis, along the Euripus, lay the 
 Locri Opuntii, chief town Opus, and the Epicnemidii ; 
 west were the Locri Ozola?, chief towns Naupactus 
 (Lepanto) and Amphissa. Above the Locri Ozolae 
 lay Doris (Tetrapolis Dorica), bounded by mount CEta. 
 West of the Locri Ozolae was iEtolia, with its rivers 
 
22 ROMAN ANTIQUITIES. [sect. 22. 
 
 Achelous and Evenus; mount Aracynthus; and the 
 cities Chalcis, Calydon, and Lysimachia. West of 
 i^Etolia lay Acarnania, between the river Achelous and 
 the Sinus Ambracius, containing Argos, Amphilochi- 
 cum, Actium, and Anactorium, with the cities and pro- 
 montories of Stratos, Metropolis, and Astacos. Leu- 
 cadia, with its chief town Leuca, and promontory 
 Leucate, originally belonged to Acarnania ( 23.) 
 
 22. Northern Greece contained Thessaly and Epi- 
 rus. Thessaly (Thessali ; iEmonia, Pelasgia) included 
 on the west the mountain range of Pindus ; on the east, 
 Olympus, Ossa, and Pelion ; on the south, CEta ; and 
 was divided by the Cambunian mountains from Mace- 
 donia. Among its rivers were the Apidanus, the Sper- 
 cheios, and the still more celebrated Peneus, watering 
 the vale of Tempe, between Olympus and Ossa. Thes- 
 saly was divided into Phthiotis, Magnesia, Pelasgiotis, 
 Perrhaebia, and Hestiaeotis ; inhabited respectively by 
 the Thessali, Magnetes, iEnianes, Dolopes, Perrhaebi, 
 and Dryopes. Among its cities were Hypata, Meli- 
 tsea, Pharsalus, Lamia, Thebae, Pherae, Demetrias, La- 
 rissa, Azorum, Ithome, Gomphi, and Tricca. Epirus, 
 west of Thessaly, contained the river Thyamis, the 
 Acheron, which after receiving the Cocytus fell into 
 the Acherusian lake, and the Arethon, falling into the 
 Ambracian gulf. It contained the Montes Ceraunii 
 (Acroceraunia), and was divided into Molossis, Thes- 
 protia, and Chaonia ; its inhabitants being the Molossi 
 and Chaones. On the coast lay the cities Ambracia, 
 Nicopolis, and Buthroton ; inland was Dodona. 
 
 23. To these three divisions of Greece are to be 
 added the islands, situate some in the iEgean, some in 
 the Ionian sea. Some of these, which were comprised 
 by the Romans in one province, will be noticed below 
 ( 30), the rest were as follows : Eubcea {Negroponte) 
 and Crete (Candia). Eubcea had the promontories 
 
sect. 24.] ROMAN ANTIQUITIES. 23 
 
 Caphareus and Artemisium ; the towns Carystus, Ere- 
 tria, and Chalcis. In Crete lay the mountains Ida, and 
 Dicte (whence Idaei, Dictaei) ; the promontories Samo- 
 nium, Corycium, and Psacum ; the cities Cnossus, Cy- 
 donia, Gortyna, and Minoa. Among the smaller 
 islands of the iEgean sea were those called the Cy- 
 clades, and the Sporades ; the former comprised De- 
 los, Paros, Naxos (Dia), Andros, Melos, Seriphos, 
 Gyaros, and Ceos. For the Sporades see 30 : one 
 of them, Amorgos, was considered part of Europe. 
 Besides these were Samothrace, Thasos, Lemnos (with 
 its towns Myrina and Hephaestia), Halonnesos and Scy- 
 ros ; and in the Saronic gulf Salamis and iEgina. In the 
 Ionian sea lay Cephallenia, Leucadia (S. Maura)) once 
 a peninsula of Acarnania ( 21), Corey r a (Corfu), adja- 
 cent to Epirus ; and the smaller islands of Cythera, on 
 the coast of Laconia, Zacynthus (Zante), on the coast 
 of Elis, Ithaca (Dulichium ?), between Cephallenia and 
 Leucadia. There were also the islets called CEnussas 
 and Sphagiae on the coast of Messenia, the Strophades 
 below Zacynthus, the Echinades at the mouth of the 
 Achelous. 
 
 24. Macedonia, lying above Thessaly, at the foot of 
 the mountains Scardus and Haemus, stretched westward 
 from Thrace to Illyria, containing part of what had 
 originally belonged to Thrace. By the addition of 
 Illyris Graeca ( 17) the Ionian sea became its boun- 
 dary, and it touched on the jiEgean by the Singitic, 
 Toronaic, and Thermaic gulfs. Among its rivers were 
 the Nestus, the Strymon, and the Haliacmon, falling 
 into the JEgean, with the Apsus and the Aous, falling 
 into the Adriatic. Among its mountains were, besides 
 the Scardus and Haemus, Athos, Pangaeus, and, on the 
 south, the Cambunian range. It was subdivided into 
 Pieria, ./Emathia, Mygdonia, and Paeonia, so named 
 from their respective inhabitants. Among its cities 
 
24 ROMAN ANTIQUITIES. [sect. 25. 
 
 were Pydna, Pella, Thessalonice (Therme), Potidaea, 
 Olynthus, Chalcis, Stagira, Amphipolis, Philippi, and, 
 on the western coast, Dyrrachium (originally Epidam- 
 nus, and now Durazzo) and Apollonia. 
 
 Thrace was bounded by Macedonia, mount Haemus, 
 the Euxine, the Propontis, and the Hellespont ; being 
 also washed in part of its extent by the JEgean. Its 
 most noted mountains were Haemus and Rhodope ; its 
 rivers, the Nestus, Panysus, and the Hebrus, into 
 which several smaller streams fell ; among its inhabit- 
 ants were the Triballi, Bessi, Odrysae, Cicones, and 
 Bistones; Its chief city was Byzantium, afterwards 
 called Constantinople; besides which were Apollonia 
 and Halmydessus, on the coast of the Euxine ; Sestos, 
 Heraclea, Lysimachia, on the Propontis; Abdera, 
 on the iEgean ; Trajanopolis, Adrianopolis, Philipp- 
 opolis, on the river Hebrus. Mcesia, which formed part 
 of modern Servia, Bosnia, and Bulgaria, lay between 
 the Danube and the mounts Scardus, and Haemus, 
 stretching down to the Euxine ; it was divided by the 
 river Ceber, or Ciabrus, into upper and lower. Dar- 
 dania belonged to the upper portion. Its inhabitants 
 comprised the Triballi, Scordisci, Scythae, and Getae, 
 the two latter in the vicinity of the Euxine. In the 
 upper portion lay the cities Singidunum {Belgrade), 
 Viminiacum, and Naissus ; in the lower, Nicopolis, 
 Odessus, Marcianopolis, Tomi, and Istropolis. 
 
 25, Dacia, which comprised what is now Transylva- 
 nia, Walachia, Moldavia, and part of Hungary, ex- 
 tended from the Danube to the Carpathian mountains. 
 It was added to the empire by Trajan, and from him 
 called the province of Trajan. Among its rivers were 
 the Tibiscus (Teiss), Aluta and Hierasus, or Poretus 
 (Pruth), which fell into the Danube, and the Tyras, 
 discharging itself into the Euxine. The Tibiscus re- 
 ceived the waters of the Mariscus. Dacia was divided 
 
sect. 26.] ROMAN ANTIQUITIES. 25 
 
 into (Dacia) Alpestris, Ripensis, and Mediterranea ; its 
 inhabitants were the Anarti, Teurisci, Iassii, and Getae. 
 Among its cities were Tibiscum (Temeswar), Ulpia- 
 num or Claudiopolis, Napoca (Clausenburg?), Augusta 
 Praetoria, Ulpia Trajana, Zeugma, Apulum or Alba 
 Julia, Singidava (Engedin), and Petrodava (Iassy). Part 
 of Dacia was considered to belong to the Sarmatian 
 region. 
 
 Sarmatia was divided into Asiatic ( 23) and European. 
 The latter, lying between the Vistula and the Tanais 
 (Don), had no defined boundary on the north, and be- 
 came only partially known to the Romans in the course 
 of their wars, being never subdued by them. It con- 
 tained, among other rivers, the Tyras, Hypanis (Bog), 
 and the Borysthenes ; among its mountains were reck- 
 oned the Montes Budini, Hyperboraei, and Riphaei ; its 
 inhabitants comprised, among others, the following 
 tribes, which were also occasionally considered part of 
 the German nation, namely, the Venedi, Peucini, Bas- 
 tarnae, Geloni, Budini, Agathyrsi, Roxolani, and Iazy- 
 ges. To European Sarmatia was attached the Cher- 
 sonesus Taurica (Crimea), inhabited by the Tauri or 
 Tauroscythae, and by Greek settlers. In it was the 
 promontory called Criumetopon, and the towns Taphrae, 
 Eupatorium, Theodosia (Caff a), Panticapeum, and 
 Cimmerium. 
 
 26. The Asiatic dominions of the Roman empire 
 were comprised in Syria and Asia Minor. Armenia 
 Major, which formed a barrier between the Romans 
 and Parthians, is not to be reckoned a Roman pro- 
 vince, nor are the regions above it, between the Euxine 
 and Caspian seas. Beneath Syria lay Arabia, of which 
 only a very small portion acknowledged the Roman 
 power. At the frontiers of Syria and Armenia com- 
 menced the Parthian empire, stretching from the Eu- 
 phrates to the Indus. 
 
26 ROMAN ANTIQUITIES. [sect. 26. 
 
 Under the head of Asia Minor were comprised, Asia 
 Proconsularis, Pontus, Cilicia, and the so called Provin- 
 cia Insularum. Asia Proconsularis, also called Asia Pro- 
 pria, was divided into Mysia Major and Minor, Troas, 
 the Greek colonies, and Lydia, Caria, and Phrygia. 
 In Mysia Major was the river Caicus ; the promontory 
 Gargara; the cities Pergamus, Pytane, Adramyttium, 
 Thebe, Antandros, and Assos. In Mysia Minor were 
 the rivers Granicus, i^sepus, and Rhyndacus; the 
 mount Olympus ; the tribes of the Mygdones and Do- 
 liones ; the cities Lampsacus, Parium, Apollonia, and 
 Miletopolis. In the Troad, near the Hellespont, were 
 the rivers Simois and Scamander; the cities Ilium, 
 Abydos, Troas Alexandria, Rhceteum, and Sigeum. 
 The Greek colonies were .^Eolis, Ionia, and Doris, 
 comprising the coast and the adjacent islands. In 
 i^Eolia were Larissa, Cyme, Grynium, Elea, and on 
 the island of Lesbos, Mitylene. In Ionia were the 
 rivers Hermus, Caistrus, and Maeander; the mounts 
 Mycale, Latmus, and Corycus ; the cities Miletos, 
 Priene, Magnesia, Ephesus, Colophon, Teos, Ery- 
 thrae, Clazomenae, Smyrna, which originally belonged 
 to i^Eolis, and Phocaea ; among the islands belonging 
 to it were Samos and Chios. In Doris (Pentapolis), lay 
 the cities Cnidus and Halicarnassus. In the island of 
 Rhodes ( 30) were the cities Ialysos, Camiros, Lindos, 
 more ancient than the town called Rhodes. Lydia 
 (Maeonia) had the same rivers as Ionia, with the Pac- 
 tolus, falling into the Hermus. In it were the mounts 
 Tmolus and Sipylus; the cities Thyatira, Apollonis, 
 Hierocaesarea, Magnesia ad Sipylum, Sardes, Tmolus, 
 Philadelphia, Metropolis. Caria lay below Ionia: in 
 it was the river Calbis, and the cities Myndus, Iassus, 
 Mylasa, Caunus, Alabanda, and Antiochia Maeandri, 
 with Cnidus and Halicarnassus in Doris, which was 
 part of Caria. 
 
sect. 28.] ROMAN ANTIQUITIES. 27 
 
 27. Phrygia Major lay east of Lydia; Phrygia Mi- 
 nor extended above Lydia to the Hellespont, compris- 
 ing the district of Troas ( 26). Phrygia Major (mag- 
 na) was subdivided into several parts ; as for instance, 
 Salutaris, Epictetos, Catacecaumene (tcaTaKe/cavfJLevrf). 
 It had the rivers Lycus, Maeandros, Marsyas, Sanga- 
 rius ; in Epictetus were the cities Doriheum, Cotyseum, 
 Nacolea ; and in the other parts Cibyra, Laodicea ad 
 Lycum, Colossae, Hierapolis, Apamea (Celaenae), Ju- 
 liopolis, Synnada, Docymaeum, Peltae, Lysias, An- 
 cyra. 
 
 Pontus (Provincia Pontica), stretching along the 
 southern shore of the Pontus Euxinus, contained Pon- 
 tus, Bithynia, Paphlagonia; and inland, Cappadocia 
 and Galatia. Pontus (Pontica, parva Cappadocia) 
 reached from the Halys to Trapezus. It had among 
 its rivers the Iris and the Thermodon; among its 
 mountains, the Mons Amazonius ; and was divided 
 into the districts Themiscyra and Sidena. The Cha- 
 lybes (Chaldaei), Tibareni, Philyres, and Macrones, 
 were among its inhabitants ; Ibera, Amisus, Ancon, 
 Polemonion, Pharnacia (Cerasus), Trapezus (Trebi- 
 sond, Tarabosan), Amasia, Sebastopolis, Beresa, Co- 
 mana, and Neocaesarea, were its chief cities. 
 
 28. Cappadocia, beneath Pontica, became a Roman 
 province in the time of Tiberius. Its rivers were the 
 Halys, the Melas, the Sarus, and the Pyramus, the two 
 last falling into the sea after traversing Cilicia. It con- 
 tained the mountains Argaeus, Antitaurus, and Amanus, 
 and was divided into the regions of Morimena, Gar- 
 sauritis, Commanena, Tyanitis, Cataonia, and Cilicia. It 
 had the cities Diocaesarea, Nyssa, Mazaca (Caesarea), 
 Tyana ; and in Armenia Minor, which is considered to 
 have been part of Cappadocia, Melitene and Nicopo- 
 lis. Bithynia (Bebrycia) had the rivers Sangarius, 
 which received the waters of the Gallus, and the Bil- 
 
28 ROMAN ANTIQUITIES. [sect. 29. 
 
 laeus, both falling into the Euxine ; besides which were 
 the Hylas and the Lycus. Its inhabitants were the 
 Mariandyni, Thyni, and Caucones; on the coast lay 
 the cities Myrlea (Apamea), Nicomedia, Drepanum, 
 Chalcedon, Heraclea, and Tium ; inland were Prusa, 
 ad Olympum, Nicaea, Hadrianopolis, Bithynium (Clau- 
 diopolis). Paphlagonia, between Bithynia and Pontus, 
 extending from the river Parthenius to the Halys, con- 
 tained mount Olgasis ; the promontories Carambis and 
 Zephyrium; the cities Sinope, Harmene, Limotis, 
 Amastris, and Cytorum, on the coast; Pompeiopolis, 
 Germanicopolis, and Sangra, inland. Galatia (Gallo- 
 Graecia, part of Phrygia Major) had the rivers Halys 
 and Sangarius; the mountains Olympus and Dindy- 
 mus ; the Tectosages were among its inhabitants ; Pes- 
 sinus, Ancyra (Angura), Tavium, and Aspona, were its 
 cities. 
 
 29. Under the name Cilicia were comprised Cilicia 
 trans Taurum, Lycaonia, Pamphylia, Pisidia, Isauria, 
 and Lycia. Cilicia trans Taurum was divided into 
 Prima or Aspera (rpa^eta), afterwards called Isauria, 
 and into Cilicia Secunda or Campestris ; its rivers were 
 the Calycadnus, Cydnus, Pyramus, and the Pinarus ; 
 the mountains, Cragus, Taurus, and Amanus ; on the 
 coast lay the cities Issus, Soli (Pompeiopolis), Mallos, and 
 Tarsus ; inland were Anazarbus (Caesarea), Epiphania, 
 and Nicopolis. On the coast of Cilicia, Trachea, were 
 Selinus, Anemurium, and Arsinoe. Lycaonia, between 
 Phrygia and Cappadocia, contained the cities Iconium, 
 Laodicea combusta, and Claudiopolis. The rivers of 
 Pamphylia were Eurymedon and Cataractes ; and in it 
 lay mount Taurus ; on or adjacent to its sea coast were 
 the cities Olbia, Attalea, Perga, Aspendos, and Side. 
 Pisidia, above Pamphylia, lay partly on Taurus ; the 
 Solymi were among its inhabitants ; and Sagalassus, 
 Cremna, Selga, and Termessus its cities. Isauria, 
 
sect. 31.] ROMAN ANTIQUITIES. 29 
 
 above Pisidia, contained Isaura (Isaurus), and Lystra, 
 and Derbe, which however were also considered to be- 
 long to Lycaonia. Similar instances occcur in which 
 the same places are made to belong to different regions, 
 owing to the uncertainty of the boundaries of the re- 
 gions themselves. Lycia, between Caria and Pamphy- 
 lia, had the rivers Xanthus and Limyrus ; the mounts 
 Cragus and Chimaera; the cities Telmessus, Patara 
 (Arsinoe), Myra, and Olympus, on the coast; and 
 Pinara inland. 
 
 30. Under Vespasian a province was made in ad- 
 dition to these three now mentioned, of the circum- 
 jacent islands : these included part of the Greek co- 
 lonies in Asia Minor, and were as follows. In the 
 Propontis were Cyzicus, in which was the mountain 
 Dindymus, Proconnesus, and other very small islets ; 
 in the JEgean, Lesbos, with its cities Mytilene, Me- 
 thymna, and Pyrrha; Chios, to which belonged the 
 promontory Ariusium, chief town Chios ; Samos, in 
 which was mount Ampelus, and the cities Samos and 
 Heraeum ; the Sporades, including Patmos, Cos, Tcaria, 
 and Syme ; in the Carpathian sea, Carpathus, Rhodes 
 (originally called Atabyria, Ophiusa, Trinacria), in 
 which was mount Atabyrius, and the cities mentioned 
 above ( 26) ; in the Pamphylian (Ionian) sea was Cy- 
 prus, below Cilicia, in which were mount Olympus, the 
 promontories Drepanum, Zephyrium, Dinaretum, and 
 Pedalium: the towns on its coast were Paphos, Curium, 
 Amathus, Citium, Arsinoe, Salamis, Aphrodisium, 
 Lapathus, and Solae, and in the interior, Chytrus, Tri- 
 mithus, Idalium. 
 
 31. Syria, lying above Arabia, stretched eastward 
 from the Mediterranean, in some places touching on, 
 but in others parted from it. The part of it which lay 
 west of the Euphrates was most properly called Syria, 
 and comprised the divisions, Ccelesyria, Phoenicia, and 
 
30 ROMAN ANTIQUITIES. [sect. 32, 
 
 Palestine. It had the rivers Orontes, Singas, Marsyas ; 
 the mounts Casius, Amanus, and Pierius ; and was di- 
 vided into Commagene, or Syria Euphratensis, east of 
 Cilicia, containing the cities Samosata, Germanicia 
 (Germanica Caesarea), and Zeugma ; Seleucis (Tetra- 
 polis, Syria Seleucidica), on the coast of which lay 
 Laodicea ad mare, Posidonium, Seleucia Pieria, Alex- 
 andria ad Issum, Antioch on the Orontes, the capital 
 of Syria, Daphne, Apamea, Larissa, and Epiphania ; 
 Palmyrene (Syria Salutaris), in which was Palmyra 
 (Tadmor); Chalcidice, chief town Chalcis, on the 
 Belus ; Cyrrhestica, in which were Cyrrhus, Hiera- 
 polis (Bambyce), and Berasa. The cities of Ccelesyria, 
 so called from its situation between Libanus and Anti- 
 libanus, or Syrophcenicia, were Abila, Damascus, 
 Gerra, Laodicea ad Libanum, and Heliopolis. Phoe- 
 nicia (Canaan), formed the sea coast of Syria, extending 
 from the Eleutherus to the Cherseus; among its streams 
 were the Adonis and the Leontes; it contained the 
 mountains Libanus and Antiiibanus ; the cities Ptole- 
 mais (Aco), Tyre (Sor, Tzor), Sidon (Zidon), Berythus, 
 Byblus, Botrys, and Tripolis. 
 
 32. The chief river of Palestine (Judaea, Canaan) 
 was the Jordan, which formed a communication between 
 the lake of Gennesareth and the lake Asphaltites, or 
 Dead sea; among its lesser streams was the famed 
 brook Kidron (Cedron); its mountains were Libanus, 
 Carmel, Thabor, Gelboe, and Hermon. On this side 
 Jordan lay Judaea, on the coast adjacent to which were 
 Gaza, Ascalon, Joppa, Antipatris, Caesarea. Inland 
 lay Eleutheropolis, Hebron, Ephrata, Bethlehem, 
 Hierichus (Jericho), Archelais, Emmaus (Nicopolis), 
 and Hierosolyma (iEIia), the capital of Judaea; Idu- 
 maea lay below Judaea, and contained Zoara and Elusa ; 
 Samaria lay above Judaea, having the cities Samaria 
 (Sebaste), Iezrael, Sichem (Neapolis), and Bethoron ; 
 
sect. 33.] ROMAN ANTIQUITIES. 31 
 
 Galilaea, above Samaria, contained Sepphoris (Dio- 
 csesarea), Capernaum, Tiberias, Endor, Nazareth, and 
 Bethlehem. Beyond Jordan was the country of Moab, 
 with its cities Moab (Araeopolis), Ammonitis, the 
 country of Ammon, with its cities Ammon (Philadel- 
 phia); Gadarene, chief town Gdara; part of Arabia 
 Deserta, with its town Bostra. Among the other cities 
 beyond Jordan were Scythopolis and Callirrhoe. 
 
 Mesopotamia lay between the Euphrates and the 
 Tigris; it contained, among other rivers, the Myg- 
 donius and the Chaboras ; among its mountains were 
 Singaras and Masius ; on the Euphrates lay the cities 
 Nicephorium (Callinicum), Circesium, Anatho, and 
 Cunaxa ; on the Tigris, Caenae and Apamea, besides 
 Resaina (Rezin), Carrae (Charran), Edessa (Callirrhoe), 
 Tela (Constantia), Singara, Nisibis, and Dara (Anasta- 
 siopolis). 
 
 S3. Among the regions bordering on Mesopotamia, 
 were, on the north, the two Armenias; on the south, 
 Arabia ; and on the west, the Parthian empire. Ar- 
 menia Minor, it has been remarked ( 28), was con- 
 sidered to form part of Cappadocia, and Armenia 
 Major formed the barrier between the Roman and 
 Parthian arms ( 26). The rivers of this Armenia 
 were the Euphrates, Tigris, Araxes, Phasis, Cyrus 
 (Kur), and Teleboas ; its mountains were Taurus and 
 Niphates ; among the districts into which it was di- 
 vided were Sophene, Thasiane, and Caranitis; its 
 cities were Artaxata, Tigranocerta, Amida, Arsamo- 
 sata. Above Armenia lay Colchis (Lazica), Iberia, and 
 Albania, which, on the north, touched the Asiatic 
 Sarmatia. Colchis was on the Euxine, between the 
 rivers Phasis and Corax ; its inhabitants were the 
 Lazi, Heniochi, and Sanni; its cities JEa, Phasis, 
 Dioscurias, Dandari (Sebastopolis), and Pityus. Iberia, 
 east of Colchis, was hemmed in by the Caucasus, and 
 
32 ROMAN ANTIQUITIES. [sect. 34. 
 
 contained the rivers Cyrus, Aragus, and Iberus, with 
 the cities Zalissa and Harmozica. Albania, lying be- 
 tween Iberia and the Caspian sea, had the rivers 
 Araxes, Casius, and Cyrus ; the mountains called Ce- 
 raunii; the cities Cabalaca, Albana, and Camechia. 
 Asiatic Sarmatia extended from the Palus Mceotis and 
 the river Tanais, by which it was divided from Europe, 
 to the Rham (Wolga) ; it had, among other rivers, the 
 Hypanis ; and among its tribes were the Alani, Maeotae, 
 and Hamaxobii ; its cities were Achilleum, Rhombites 
 on the Tanais, Tanais, and Navaris. The Cimmerian 
 Bosphorus divided it from the Chersonesus Taurica, 
 which was mentioned in 25. 
 
 Only a small portion of Arabia was subject to the 
 Romans. The whole was divided into three regions : 
 Arabia Deserta, Arabia Petraea, and Arabia Felix. 
 Arabia Deserta was inhabited by the nomad Arabians, 
 or Arabes Scenitae ; and among the cities of this region 
 were Barathena, Sabe, Themma, Dapha, Thumata, 
 and, on the Persian gulf, Ammaea and Gerra. Arabia 
 Petraea contained the mounts Melanes and Sina, and 
 was divided into Nabathaea and Idumaea, which we 
 have spoken of as belonging to Palaestine, 32. It 
 contained, on the iElanitic gulf, the cities iElana, 
 Eziongeber (Berenice), and Medeia ad Heroopoliten, a 
 Phoenician settlement, besides Pharan, Madian, and 
 Petra. Arabia Felix, which lay below Arabia Petraea, 
 extended to the Red sea, or Arabian gulf; in it lay the 
 mount Cassanites ; and, among other cities, Leucae 
 Comae, Iatrippa (Medina), Macoraba (Mecca), Mariaba 
 (Saba), Muza, and Ocelis ; it reckoned the Sabaeans 
 and Homeritae among its inhabitants. 
 
 34. Of the regions of Asia beyond the Roman em- 
 pire, from Mesopotamia to India, the more remote, like 
 India itself, were known to the Romans only by report 
 and commercial intercourse. As we proceed from the 
 
sect. '34] ROMAN ANTIQUITIES. 33 
 
 frontiers we meet with the following, which formerly 
 were comprised in the Persian empire, but afterwards 
 acknowledged the Parthian sway : Babylonia and 
 Chaldaea, between Mesopotamia and the Persian gulf, 
 chief towns, Babylon, Sura, Apamea, Orchos, and 
 Teredon, Assyria, beyond Mesopotamia, in which, 
 besides the Tigris, were the rivers Lycus and Caprus, 
 the mount Zagrus, and, among other districts, those of 
 Adiabene, Chalonite, and the territory of the Garamaei ; 
 the cities Nineveh, Arbela, Gaugamela, Demetrias, 
 Apollonia, Seleucia, and Ctesiphon. Persia (Persis), 
 divided into Persis, in which were Persepolis and As- 
 padana (Ispahan) ; Susiana and Elemais, containing 
 Susa, Charax, and Elemais; Carmania, in which was 
 Carmana; Gedrosia, chief towns, Ora and Arbis; Me- 
 dia Magna contained Ecbatana (Hamedan), Ragae 
 (Arsacia), and Tabas ; Media Atropatene, inhabited by 
 the Mardi, and Tapuri, lay towards the Caspian, and 
 had the cities Gazae, Cyropolis, and Praaspa ; Hyrca- 
 nia was east of the Caspian, and comprised the Dahae ; 
 the Ochus was its chief river, Syrinx its chief town ; 
 in part of it, called Parthiene, lay Nisaea. Hyrcania 
 touched the frontiers of Aria and Margiana ; eastward 
 of these was Bactriana, chief towns, Bactra and Ara- 
 chosia ; below which lay Gedrosia ; these two last re- 
 gions both touching on India. Above Bactria was 
 Sogdiana, chief town, Maracanda. The Chorasmii, on 
 the Caspian, just above the Barcani, and below Hyr- 
 cania, are said to have belonged to Sogdiana. 
 
 India was divided into India on this side the Ganges, 
 and India beyond the Ganges. In the former were 
 the rivers Indus, Jomanes, and Hydaspes ; the moun- 
 tains, Emodi, Imaus, and Taurus ; the cities, Barygaza, 
 Nyssa (Nagara), Taxila, Bucephala, Serinda, Palibo- 
 thra, Colchis, and Comar. At the southern extremity 
 of India on this side the Ganges, lay the island Tapro- 
 
34 ROMAN ANTIQUITIES. [sect. 35. 
 
 bana, or Salice, now called Ceylon. Beyond the 
 Ganges was the Chersonesus Aurea (Malacca), and 
 the island of the Iabadii (Sumatra). East of India 
 the ancients placed the Sinae; northward of it, the 
 Serae ; westward of which last they said were the Scy- 
 thians; whilst of the regions further northward and 
 eastward they professed to know nothing. The Scy- 
 thians were considered to be divided into those on this 
 side the mount Imaus, and those beyond it ; westward 
 of the former were the Sarmatae ( 25), who were some- 
 times themselves included among the Scythians. 
 
 35. Africa contained Egypt, which however was by 
 the ancients generally considered to belong to Asia, at 
 least in part, Libya (Cyrenaica), Africa Propria, Nu- 
 midia, and Mauritania. The chief river of Egypt was 
 the Nile: of the arms and mouths of which the Pelu- 
 siac was the most eastern, the Canopic the most western, 
 between which were five others, making together the 
 famed seven mouths of the Nile. Among the lakes of 
 Egypt were the lakes Mceris, Tennis, and Mareotis. 
 It was divided into the Thebais, or Upper Egypt ; the 
 Heptanomis, and the Delta, or Lower Egypt. Upper 
 Egypt contained the cities Syene, Apollinopolis Magna, 
 Thebes (Diospolis Magna), Tentyra (Denderah), Aby- 
 dus, Ptolemais, Panopolis (Chemmis), Antaeopolis, and 
 Lycopolis. In the Heptanomis were Antinoe (Besa), 
 Hermopolis Magna, Cynopolis, Oxyrynchus, Heracle- 
 opolis, Aphroditopolis, and Memphis ; to this division 
 also pertained the Lesser Oasis and the Great Oasis, 
 the latter lying far above the former. Lower Egypt, 
 or the Delta, was divided into the Delta, properly so 
 called, and a western and an eastern district. In the 
 Delta lay, on the coast, Tanis, Diospolis, Paralus, Bol- 
 bitine [Rosetta), and, inland, Busiris, Sais, Naucratis, 
 Hermopolis, Meletis. In the western part of Lower 
 Egypt were Planthine, Moraemphis, Apis, Nicopolis, 
 
sect. 36.] ROMAN ANTIQUITIES. 35 
 
 and Alexandria, off the harbour of which lay the island 
 of Pharos ; in the eastern division were Pelusium (Da- 
 mietta), Casium, Rhinocorura, Bubastus, Heroopolis, 
 and Arsinoe or Cleopatris, on the gulf of Heroopolis. 
 
 Libya lay between Egypt and the Syrtis Major. The 
 tribes inhabiting it, reckoning westward from Egypt, 
 were the Adrimachidae, Ammonii, Marmaridae, Nasa- 
 mones, and Psylli ; it was divided into the Nomus Liby- 
 cus, Marmarica and Cyrenaica; the Nomus Libycus, or 
 Libya Proper, contained the mountains Ogdamus and 
 Aspis, and the cities Apis, Paraetonium, and Mareotis, 
 the two former on the coast, the last inland. Marmarica, 
 over against Crete, had the mountains called Bascisi, 
 the river Paliurus, and, according to D'Anville's map, 
 the cities Gonia, Heracleum, and Hippo, on the coast, 
 with Ammon and the Castra Alexandri, inland. Cy- 
 renaica (Propria, or Pentapolis), extended from Marma- 
 rica to the Syrtis Major, opposite the Peloponnesus, 
 and contained the city Cyrene, and the sea coast towns 
 Berenice (or Hesperis), Arsinoe, Ptolemais, Apolinia, 
 and Darnis. 
 
 36. Africa Proper was considered to consist of the 
 regions between Cyrenaica, the river Tusca, and the 
 Libyan desert. In it were the rivers Cyniphus, Triton, 
 and Bagrada, the lake Zuchis, and the marshes called 
 Palus Tritonis and Palus Libya?. It was divided into 
 Tripolis, or (regio) Tripolitana, Zeugitana, Numidia, 
 and Mauritania. Tripolis, lying between the two 
 Syrtes, contained the towns Leptis Magna and CEa; 
 in Zeugitana were Hippo Diarrhytos, Utica, Carthage, 
 Tunes, Aspis, and Neapolis. The towns of Bizacium 
 were Adrumetum, Leptis Minor, Thapsus, Sicca, 
 Zama, and Tysdrus. Adjacent to Byzacium was the 
 island Cerina; and on the coast of Tripolitana the island 
 Meninx. Numidia extended from the regio Zeugitana 
 to the river Ampsaga ; its inhabitants were the Mas- 
 
 d2 
 
36 ROMAN ANTIQUITIES. [sect. 36. 
 
 syli ; its cities, Hippo Regius, Cirta, Tibili, Tipasa, and 
 Lambaesa. Mauritania was divided by Claudius into two 
 provinces, Caesariensis and Tingitana. Caesariensis (or 
 Massaesylia) was situated between the rivers Ampsaga 
 and Maluas, being also watered by the Mulucha, Savus, 
 and other streams ; its inhabitants were the Massaesyli 
 and Numidae ; on the coast lay the towns Igilgili, 
 Saldaa, Csesarea, Cartenna, and Siga; inland were 
 Hippa, Auzea, Thubuna, and Sitifi. In Tingitana, or 
 Mauritania Proper, now Fetz and Morocco, were the 
 mounts Atlas, Abyla (now Ceuta), opposite to Calpe 
 (Gibraltar), and Asinarium; it was inhabited by the 
 Mauri (Maurusii) ; on the strait of Cadiz lay Tingis, on 
 the Atlantic coast Zilis, Banasa, and Sala. Near the 
 coast of Tingitana, in the Atlantic, lay the insula? Pur- 
 puriae, identical perhaps with the Gorgades and Hes- 
 perides, one of which, called Cerne, is the modern Ma- 
 deira ; southward of these were the Fortunate Isles, 
 among which were Ombrios, Capraria, and Canaria. 
 
 Above Numidia and Mauritania lay Gaetulia. In the 
 interior part of Africa were two rivers, named Cyniphus 
 and Bagrada, distinct from the two of the same name al- 
 ready mentioned, also the Niger and the Gir ; there were 
 also the towns Nigira, Thabudis, Garama, and Gyra : 
 and the nations called Garamantes, Nigritae, and iEthi- 
 opes Hesperi. These being distinct from the ^Ethiopians 
 beyond Egypt, between Libya and the Arabian gulf. 
 These last had the rivers Nile, Astapus, and Asta- 
 boras ; and were divided into the tribes of the Blem- 
 myes, Sebridae, and Nubae ; on the Nile they had the 
 towns Napata, Premis Magna, Premis Parva, and 
 Meroe ; on the Astaboras, Eser and Auxuma ; on the 
 coast of the Arabian gulf were the Troglodytae (regio 
 Troglodytice), with the towns called Ptolemais ferarum, 
 Sabae, Adulis, and Berenice Epidires. Among the 
 islands adjacent was one called Orine. Above Ethi- 
 
sect. 37.] ROMAN ANTIQUITIES. 37 
 
 opia was the cinnamon country ; and on the Erythraean 
 sea, the region called Azania, running out into the 
 promontories Elephante and Aromata. Below the 
 equinoctial line were Agizymba and the Anthropopa- 
 gite .^Ethiopians. 
 
 ROME. 
 
 37. The history of the first origin of Rome, although 
 dating from a period subsequent by several centuries 
 to the fabulous age of Greece, is so interwoven with 
 legends, that it seems a hopeless task to attempt to un- 
 ravel truth from fiction. Even the ancients themselves, 
 whose writings have come down to us, whilst they all 
 alike adopt the obscure traditions preserved by other 
 writers more ancient than themselves, are strangely at 
 variance one with another. Modern authors, who can 
 take their data only from these ancient writers, and are 
 deprived of innumerable records and documents to 
 which these had access, have succeeded, despite the 
 ablest criticism, and utmost ingenuity of research, rather 
 in showing that the truth is not to be found, than in 
 finding it : and those among them deserve most praise 
 who have abstained from idle, or, at the best, but spe- 
 cious speculations. Thus we are still in uncertainty as 
 to who really was the first founder of Rome, the year 
 of its foundation, the original name of the city itself, 
 and who were its first inhabitants. The account com- 
 monly received, however, makes the founder of Rome 
 to have been Romulus, the son of Sylvia, a Vestal, either 
 alone or with his brother Remus. To them is ascribed 
 the first origin of a city situated on the Palatine 
 mount 1 , which a constant tradition affirmed to have 
 been the spot where Evander and his followers, emi- 
 grants from Arcadia, settled, and formed a town named 
 Pallantium 2 . Hence some have been of opinion that Ro- 
 
38 ROMAN ANTIQUITIES. [sect. 38. 
 
 mulus did not found a new city, but merely enlarged and 
 strengthened this Pallantium. The story of Evander 
 is indeed legendary ( 308), and some have questioned 
 whether he ever was in Latium at all; whilst others 3 
 have set the whole down as a mere fiction of the 
 Greeks, notwithstanding the numerous testimonies of 
 the ancients to the fact, and such standing records of it 
 as the Ara Evandi and the Porta Carmentalis, which 
 induce me to think such utter rejection of the story to 
 be rather presumptuous. 
 
 1) Cf. Ovid. Trist. 3, 1, 31. 2) Cf. Dionys. Hal. 1, 31 ; Liv. 
 1, 7 ; Virg. Mn. 8, 98, sqq.; 341, 359; Ovid. Fast. 1, 470, sqq. 
 3) As, for instance, Niebuhr, (vol. 1, p. 85,) and Wachsmuth, 
 (fflt. Gesch. d. Rom. Staates, p. 102.) 
 
 38. We have no reason to believe that the ancients 
 themselves had any certainty concerning the exact 
 time of the foundation of Rome 1 , although the discre- 
 pancies between them concerning the year in which it 
 took place are not very numerous. Modern writers 
 assign it either to B. C. 752 or 754, the latter being 
 the date given by Varro, the former that of Cato 2 . 
 Tradition asserted that the day of the foundation was 
 the 21st of April 3 . The name Rome, if traced to a 
 Greek origin, would mean strength, a title very appro- 
 priate to a city which became the queen of the earth 
 by force of arms ; and there is an ancient opinion that 
 the Greek settlers on the Palatine hill, finding there 
 a town called Valentia, translated that name to 'Pco/at), 
 Rome 4 . The common derivation of the name from 
 Romulus as its founder being once given up, it was 
 to be expected that various explanations would be set 
 forth 5 . Accordingly, some have said that Romulus 
 took his name from the name of the city ; others, that 
 this was so called from Rumon, or Rumo, the primi- 
 tive name of the Tiber 6 ; others again, that the river 
 and the country adjacent were so called from Ruma, a 
 
sect. 39.] ROMAN ANTIQUITIES. 39 
 
 teat or udder 7 , from the number of its flocks and herds, 
 so that Rome must have meant the city of ruminant 
 animals, or of sucklings : in which way also is ex- 
 plained the name Ruminalis, given to the fig-tree, be- 
 neath which the twins were said to have been found 
 sucking the teats of the wolf 8 . Other fancies might be 
 mentioned equally bold and absurd. 
 
 1 ) Cf. Beauf. Sur l'Incertit. de l'Hist. Rom. p. 2. c. 2. 2) The 
 computation of Cato (or of Verrius Flaccus) assigns its foundation 
 to the year 432 after the fall of Troy, whence Dionysius, i. 74, 
 places it Olymp. vii. Lie. B. C. 751-2. The Varronian date, re- 
 stored by Petavius from Plutarch and Censorinus, is Olymp. vi. 3. 
 See Petav. Doctr. Tempp. lib. IX. c. L. sqq. The ancients who 
 differ from Cato or Varro, differ from them only slightly. Of the 
 latest writers on the subject, see Niebuhr, 1, p. 258, sqq., 281, sqq. 
 3) Prop. 4, 4, 71 : " Urbi festus erat, dixere Palilia patres i Hie 
 ccepit primus mcenibus ire dies." Cf. Scalig. ad Manilii : " Hespe- 
 riam sua libra tenet, qua condita\R<wia." 4) Solin., Polyh. c. 1 : 
 " Sunt qui videri velint Romae vocabulum ab Evandro primum da- 
 tum, quum oppidum ibi offendisset," etc. Cf. Fest. in Romam. 
 5) Cf. Cic. de Div. 1, 48 ; de Rep. 2, 7. 6) Cf. Serv. ad ^En. 
 8, 63. 90. 7) Cf. Aug. de Civit. Dei, 4, 1 1 ; 7, 11 ; Wachsm. 
 p. 129 ; Cf. Varro de R. R. 2, 11. 8) Cf. Ovid. Fast. 2, 411 : 
 
 " Quaeque vocatur Rumina nunc ficus, romula ficus erat." 
 
 39. Besides the common, or, as Creuzer calls it, the 
 national name of Rome, another secret or mystic name 
 is alluded to by the ancients 1 ; and moderns have ima- 
 gined, perhaps without sufficient reason, a third, which 
 they call the sacerdotal name 2 . Some have conjec- 
 tured that the mystic name, which it was unlawful for 
 any one to utter, was Valentia, but Creuzer asserts it 
 to have been Eros, or Amor ; and the sacerdotal title 
 he conceives to have been Flora, or Anthusa. Rome 
 was, however, certainly called Urbs Romulea, in allu- 
 sion to its founder; and sometimes simply Urbs 3 , the 
 City, just as Athens was by way of distinction called 
 to ao~TV. It had also other titles of distinction, fre- 
 quently seen on coins, such as Felix, Sterna, Victrix, 
 Regina, correspondent to which are the Greek expres- 
 sions /3a<rt\U, j3ao~l\evovo-a 7t6\a?. The same were 
 
40 ROMAN ANTIQUITIES. [sect. 40. 
 
 likewise applied to Constantinople, which was also not 
 unfrequently styled another, or the Lesser Rome. Fi- 
 nally, Rome was styled a Goddess, and as such had tem- 
 ples, not only in the provinces, but within itself 4 . 
 
 1) Cf. Macrob. Saturn. 3, 9 ; Plin. H. N. 3, 5 ; Serv. ad Mn. 
 1, 277. 2) Cf. Creuz. Abriss d. roem. Antiqq. 14. 3) Cf. 
 
 Caes. B. G. 1, 7 ; Hor. Epod. 9, 9. So also the expression " ad 
 urbem esse," ( 179.) 4) Cf. Tac. Ann. 4, 37. 56 ; Claud, de 
 
 Laud. Stil. 2, 242 ; and Rutil. Itiner. v. 47. 
 
 40. Even the ancients were not agreed as to who 
 were the first inhabitants of Rome, although the two 
 most current opinions were, that they were either colo- 
 nists from Alba Longa 1 , or a medley horde of freeboot- 
 ers 2 . Modern writers are as much at variance on this 
 point as on any other whatever, some asserting Rome 
 to have had a Celtic, some a Greek or Pelasgic, and 
 others an Etrurian origin. The latter notion has found 
 many supporters, and amongst them Niebuhr, who, 
 however, has since altered his opinion 3 . One thing is 
 however certain, namely, that Rome was at the first 
 of so small extent as to be confined to the Palatine 
 Mount, and this insignificance of its first original has 
 given occasion to some of the sweetest productions of 
 her poets 4 . It is said to have been in shape four- 
 square 5 ; and the ancient legend 6 was, that its walls 
 or circuit (circuitus) were marked out by Romulus with 
 a plough drawn by an ox and a cow, agreeably to an 
 ancient Etruscan rite 5 . Antiquarians inform us that 
 the Romans always founded their colonies in that 
 shape, and marked out the limits with the same cere- 
 mony 7 . A question has been started whether this 
 earliest nucleus of Rome was what came afterwards to 
 be called the oppidmn 8 . 
 
 1) Cf. Cic. de Rep. 2, 2 ; Creuz. 13. 2) Cf. Juven. 8, 272. 
 3) Creuzer, who, in his Antiquities, often dismisses a subject with 
 a mere question, and even so is of great use to such as are in doubt, 
 
sect. 41.] ROMAN ANTIQUITIES. 41 
 
 inquires, when on this subject ( 13), whether Rome was a colony 
 from Caere, and its inhabitants thence called Quirites ? or whether 
 the Patricians only were so called, being a priestly caste, from Etru- 
 ria (cf. Compend. 185) ? or whether the first citizens enrolled 
 by Romulus were exclusively Etrurians ? and again, whether Rome 
 was of a Grecian origin, or Pelasgic? 4) See Ovid. Fast. 1, 
 
 197, sqq. ; Prop. 1. 4. eleg. 1 and 4. 5) Hence the well known 
 verse of Ennius : " Ecquis nunc curat Romae regnare quadratse ?" 
 Cf. Solin. c. 2; Nard. R. vetus 1, 2. 6) Cf. Ovid. Fast. 4, 819, 
 sqq. ; Plut. Rom. pag. 23 ; Fest. in Rituales. 7) Cf. Nieb. v. 1. 
 p. 223. 8) Cf. Liv. 42, 20. 36. 
 
 41. Rome lay in Latium ( 13), on the confines of 
 Etruria and the Sabine territory, sixteen miles from 
 the sea coast 1 . Whether its site was chosen design- 
 edly, or fixed on at random, whether it was a fertile or 
 a healthy spot, or otherwise, are points keenly disputed 
 by the ancients, and variously determined by them 2 . 
 The river Tiber, which, rising in the Appenines, falls 
 into the Tuscan sea at Ostia, flowed in a tortuous 
 course through the city, forming an island in it; al- 
 though only a very small portion of it, and that built 
 long after the rest, stood on the right bank of the 
 river. The hills contiguous to the Palatine Mount 
 were successively added to the city by the kings, 
 although the exact periods of each addition are not 
 known. Servius enclosed all the seven within one ram- 
 part; hence the festival of the Septimontium 3 , and the 
 epithet Septicollis, and the numerous allusions to this 
 peculiarity of situation found in the poets 4 . The names 
 of those hills are mostly of uncertain origin ; they were 
 the Palatine, Capitoline, Ccelian, Aventine, Esquiline, 
 Viminalis, and Quirinal. The Palatine was also called 
 Palatium, a corruption, as some think, of Pallantium 
 ( 37), which is reported to have been the name of a 
 town on that hill, so called either after a town of Ar- 
 cadia, or after Pallas, the son of Evander. Those who 
 reject the tale of Evander's settlement, naturally adopt 
 other explanations; among which we find one from 
 
42 ROMAN ANTIQUITIES. [sect. 42. 
 
 the bleating of flocks (balare, balans), and the other 
 from the goddess Pales 5 . The Palatium was at all 
 events the cradle of Rome, and on it stood the royal 
 dwelling of the Caesars 6 , from Augustus downwards, 
 where now are the gardens of the Farnese. The im- 
 perial residence was called the Palatium, from the name 
 of the hill, and to it moderns owe the word Palace. 
 
 1) See Plin. H. N. 3, 5. 2) Cf. Cic. de Republ. 2, 3. 6 ; Dio- 
 nys. 8, 8 ; Creuz. 16. 3) Cf. Varro, de L. L. 1. 5. p. 49 ; Plut. 
 Q. R. 69 ; Fest. in Septimontio et Septimontium. 4) See Tib. 2, 
 5, 57; Ovid. Trist. 1, 4, 67, sqq.; Virg. Georg. 2, 534. 5) Cf. 
 Fest. in Palatium ; Varro de L. L. 1. 4. p. 16. Among other re- 
 marks he has the following : " Quod palantes cum Evandro vene- 
 runt, aut quod Palatini, qui et Aborigines, ex agro reatino, qui ad- 
 pellatur palatium, ibi consederunt. Sed hoc alii a Palatia, uxore 
 Latini, putarunt. Eundem hunc locum a pecore dictum putant 
 quidam. Itaque Naevius Balantium adpellat. 6) See Ros. 1. 1. 
 c. 4. paralip. 
 
 42. The Capitoline was divided from the Palatine 
 by the Forum Romanum, and took its name from the 
 Capitolium or temple of Jupiter, which the ancients 
 said was so called from the incident of finding a human 
 head when excavations were made for laying the foun- 
 dations 1 . The same hill was also called Saturnius, 
 from Saturn ; and Tarpeius, from the maid Tarpeia 2 . 
 It was considered to consist of four parts, the Tar- 
 peium (Saxum), a rocky precipice on the side of the 
 Tiber 3 ; the Intermontium was the space between the 
 two summits, one of which was called the Arx, the 
 other the Capitolium, but in course of time Arx, or 
 citadel, denoted both 4 . 
 
 The Ccelian hill lay eastward of the Palatine, and 
 had its name from Ccele Vibenna, an Etruscan chief- 
 tain 5 ; Tiberius called it Augustus 6 . It is now known 
 as the Lateran, from the church dedicated to St. La- 
 teranus, and from the ancient Roman gens of that 
 name 7 . Distinct from the Mons Ccelius was the Cce- 
 liolus, or Lesser Ccelius 8 . 
 
sect. 43.] ROMAN ANTIQUITIES. 43 
 
 1) Cf. Varro de L. L. 4. p. 13; Arnob. adv. Gent. 1. 6. 2) 
 
 See Prop. 1. 4. eleg. 4 ; Liv. 1, 11. 3) Cf. Plut. Rom, 17. 
 
 4) Cf. Creuz. 19. 5) Cf. Varro, p. 14 ; Tac. Ann. 4, 64. 
 
 6) See Tac. ib. and Suet. Tib. 48. 7) Cf. Juven. Sat. 10, 17. 
 
 8) Cf. Mart. 12, 18. We find in Creuzer, 20, that the addition 
 of the Mons Ccelius to the city was ascribed to Romulus (Dionys. 
 2. p. 113), to Tullus Hostilius (Liv. 1, 30), to Ancus Martius 
 (Strabo, 5. p. 358, p. 162; Cic. de Republ. 2, 18), and lastly, to 
 Tarquinius Priscus (Tac. Ann. 4, 64. 65). From this discrepancy 
 we may expect the same uncertainty respecting the addition of the 
 other hills, and learn how difficult it is in matters of antiquarian re- 
 search to arrive at the truth, even in cases in which it may be 
 ascertained, and is worth ascertaining. 
 
 43. The Aventine, which lay between the M. Ccelius, 
 the Tiber, and the M. Palatinus, is said to have been 
 assigned by Ancus Martius as a residence for the 
 conquered Latins. Creuzer considers that it is still 
 doubtful whether it was enclosed within the original 
 walls of Rome, or not comprised within the pomcerium 
 till the time of Claudius 1 . It was more originally known 
 as the Mons Murcius, from the temple of Murcia 2 , and 
 the name Aventinus is variously derived, from one 
 Aventinus a king of the Albani, from the birds (aves) 
 of which it was the resort, from a stream called Avens, 
 not to mention other proposed etymologies 3 . It was 
 also called the Hill of Diana, from a temple to that 
 goddess standing on it 4 . On it were also the famed 
 cave of Cacus, and the altar of Evander. The Mons 
 Esquilinus (Exq. Esquiliae) was the largest of the Ro- 
 man hills, and situate between the Ccelian, Viminal, 
 and Palatine mounts, bounding the original wall on the 
 east, and added to the city, it is said, by Servius Tul- 
 lius. Its name has been traced from the nightly guard 
 excubice, said to have been posted there by Romulus, 
 from the quisquilice 5 or rubbish commonly cast out 
 there, and from the beech trees, cesculi, with which it 
 was overgrown : the most probable, in my opinion, of 
 all the etymologies proposed. It is in our days remark- 
 able for churches and palaces. The Mons Viminalis, 
 
44 ROMAN ANTIQUITIES. [sect. 44. 
 
 between the Esquiline and Quirinal hills, is thought to 
 have had its name from the osier (vimince) which grew 
 on it 6 , or from Jupiter Vimineus; but one would rather 
 think that the god took his title from the hill. The 
 Quirinal, which lay north of the Viminal hill, bounded 
 the city walls on the east. It is said to have been so 
 called from the Curetes, (settlers from Cures, a town of 
 the Sabines), or from Quirinus (see 286), whose tem- 
 ple stood on it, and from whom it was also called the 
 Hill of Quirinus 7. Other conjectural derivations have 
 been proposed. It had also the more ancient titles of 
 Agonius and Collinus. It is now called Monte Cavallo, 
 from two antique statues of horses seen on it. 
 
 1) 21. Cf. Cic. de Republ. 2, 18; Gell. 13, 14; Liv. 1, 33. 
 2) Cf. Fest. in Murciae. 3) See Varro, 4. p. 14 ; Serv. ad JEn. 
 7, 657. 4) See Mart. 12, 18, 3. 5) See Varro, de L. L. 4. 
 p. 12 and 15. 6) Cf. Juven. 3, 71 : " Esquilias dictumque petunt 
 a vimine collem." Cf. Varro, p. 15. 7) Hor. Ep. 2, 2, 68 : " Cu- 
 bat hie in colle Quirini, hie extremo in Aventino." 
 
 44. The Collis Hortulorum, and the Vatican and 
 Janiculum, which two last stood on the right bank of 
 the Tiber, were added to the city, and enclosed with 
 walls by the emperor Aurelian. The Collis Hortulo- 
 rum, between the Quirinal hill and the walls raised by 
 Aurelian, was so called from being the site of the gar- 
 dens of Sallust; and afterwards was known as the Mons 
 Pincius, from the Pincian family. The Vatican was di- 
 vided by a dell from the Janiculum, which was bounded 
 by the walls just alluded to, as forming the extreme li- 
 mits of the city when at its greatest extent 1 . Some 
 say it was called Vaticanus from being the resort of 
 soothsayers, vates, and the spot where they gave their 
 predictions vaticinia; others imagine it to have its name 
 from a deity called Vaticanus 2 . It is now remarkable 
 for the Vatican Library, and the cathedral of St. Peter. 
 The Mons Janiculensis, standing over against the Ca- 
 
sect. 45.] ROMAN ANTIQUITIES. 45 
 
 pitoline hill 3 , commanded the highest parts of the 
 
 city, with which it was connected by the Pons Subli- 
 
 cius. Creuzer, 25, makes it a question whether it 
 
 was considered properly to form part of the city even 
 
 after it had been enclosed within the fortifications. It 
 
 seems scarcely to admit of a doubt but that it had its 
 
 name from Janus, 287, but some have imagined other 
 
 derivations. 
 
 1) See Plin. H. N. 3, 5. 2) Cf. Gell. 16, 17 ; Fest. in Vati- 
 canus. 3) See Virg. JEn. 8, 355. 
 
 45. We have now spoken of Rome as the City of 
 Seven Hills ( 41), enclosed with fortifications by Ser- 
 vius Tullius, and in the wider extent it attained under 
 Aurelian. Distinct from the walls themselves was the 
 pomcerium (pone v. post murum), which was often ex- 
 tended before the time of Aurelian without any change 
 in the walls themselves 1 . Dionysius states that the 
 area enclosed by the Servian wall was nearly equal to 
 the area of Athens, but that the city itself extended in 
 a straggling way beyond it. The circuit of the pomce- 
 rium was of course different from that of the walls, and 
 moderns are greatly divided concerning them. The 
 passages of Pliny mentioning thirteen miles as the cir- 
 cuit of the walls, and those of Pliny, which assert it to 
 have been fifty, have been variously altered on conjec- 
 ture, to suit the various theories started 2 . 
 
 It is impossible to ascertain the number of private 
 dwellings (insulce and domus) contained within the city, 
 and even absurd to attempt to do it, unless it be re- 
 membered that it must have been different at different 
 times. Some writers have fixed on the number 48,000, 
 others have thought that calculation too high. In the 
 Description of Rome, by P. Victor, to be found in 
 Thes. Graev. vol. iii., we find the insulce and domus 
 in each quarter enumerated separately ; the sum total 
 of the former being set down at 46,602, and the latter 
 
46 ROMAN ANTIQUITIES. [sect. 46. 
 
 at 1780. Onuphrius Panvinius (ibid. p. 381) says the 
 insulce were 41,912 in number, and the domus 2117. 
 
 The number of inhabitants of Rome will be variously 
 estimated, according as the slaves and foreigners^ are 
 excluded or included. No certainty on the subject 
 can be arrived at from what the ancients have left on 
 record. Among modern writers, Lipsius 3 calculates 
 that the population amounted to four millions ; Is. Vos- 
 sius sets it at fourteen millions, calculating from the 
 population of London and Paris 4 . Concerning the 
 census of the population, cf. Beaufort, vol. i. p. 317. 
 
 1) Livy, 1, 44, speaking of Servius Tullius, says, "Aggere et 
 fossis et muro circumdat urbem ; ita pomcerium profert. Pomcerium, 
 verbi vim solam intuentes, postmcerium interpretantur esse. Est 
 autem magis circa murum locus ; quem in condendis urbibus quon- 
 dam Etrusci, qua murum ducturi erant, certis circa terminis inau- 
 gurate consecrabant, ut neque interiore parte aedificia moenibus con- 
 tinuarentur, quae nunc vulgo etiam conjungunt, et intrinsecus (extr.?) 
 puri aliquid ab humano cultu pateret soli," etc. Cf. Festus in pro- 
 simurium, and Creuz. 24. Concerning the extension of the pomce- 
 rium, cf. Tac. Ann. 12, 23 : " Et pomerium auxit Caesar (Claudius), 
 more prisco ; quo iis, qui protulere imperium, etiam terminos urbis 
 propagare datur. Nee tamen duces Romani, quanquam magnis na- 
 tionibus subactis, usurpaverant, nisi L. Sylla et D. Augustus." 
 2) Cf. Creuz. 26. 3) De Magnit. Rom. 1. 3. c. 3 ; and comp. 
 the passage of Aristides there quoted ; Richard, Description de 
 l'ltalie, vol. 5. pref., ridicules the number proposed by Vossius, as 
 absurd. 4) Obss. de Ant. Romae magnit. c. 1. 
 
 46. Romulus is said to have divided Rome into three 
 parts, called tribes, concerning which see 142. Ser- 
 vius Tullius made four divisions, still keeping the name 
 tribe, viz. The Palatine, so called from the hill of that 
 name; the Saburran, from the street called the Sa- 
 burra; the Colline, from its comprising the Quirinal 
 and Viminal hills ; the Esquiline, from the Esquiliae. 
 This arrangement continued till the time of Augustus, 
 who divided the city into fourteen districts, or regions 1 , 
 named as follows : 
 
 I. Porta Capena ; from the gate so called. 
 
 II. Ccelimontana ; from the Mons Ccelius. 
 
sect. 47-] ROMAN ANTIQUITIES. 47 
 
 III. Isis and Serapis, or Isis and Moneta ; from the 
 temples of those deities. 
 
 IV. Via Sacra, or Templum pacis. 
 
 V. Esquilina ; from the Esquiliae. 
 
 VI. Alta Semita. 
 
 VII. Via Lata. 
 
 VIII. Forum Romanum. 
 
 IX. Circus Flaminius. 
 
 X. Palatium ; from the name of the hill. 
 
 XI. Circus Maximus. 
 
 XII. Piscina Publica. 
 
 XIII. Aventinus ; from the name of the hill. 
 
 XIV. Transtiberina. 
 
 The principal streets (vici) of Rome were above four 
 
 hundred in number 2 . The most noted among them 
 
 were the Saburra 3 ; the Vicus Camoenarum ; V. Fa- 
 
 bricii ; V. Albus ; V. Ursi Pileati ; V. Lanarius ; V. 
 
 Unguentarius 4 ; V. Tuscus 5 . They were also called 
 
 Viae, but that word, when applied to them, is not to be 
 
 confounded with the other Viae, highways, or roads 
 
 leading to the city from distant places, and some of 
 
 them passing right through it. For these, see 48. 
 
 The narrower streets were called angiportus; streets 
 
 having no outlet at one end, (culs de sac), fundulae. 
 
 Over each region Augustus set two officers, called 
 
 curators, and over each vicus twenty-four vicomagistri 6 . 
 
 P. Victor and S. Rufus, in their descriptions of the 
 
 city, mention two officers in each region, called denun- 
 
 tiatores, or informers 7 . Each vicus had its own chapels 
 
 sacred to its peculiar deity. 
 
 1) Tac. Ann. 15, 40. 2) Cf. Suet. Aug. 30. 3) Juven. 
 
 3, 5 : " Ego vel Prochytara praepono Suburrse." Mart. 12, 18, calls it 
 " claraosa." 4) So called from the barbarous act of Tullia, recorded 
 Liv. 1, 48. 5) Hor. Sat. 2, 3, 228: " Tusci turba impia vici." 
 6) See Suet. Aug. 30 ; cf. Liv. 34, 7. 7) Cf. Graev. Inscriptt. 
 
 p. 250,251. 
 
 47. An account of the remarkable places and objects 
 
48 ROMAN ANTIQUITIES. [sect. 47. 
 
 contained in Rome itself, may not unfitly be considered 
 as a distinct branch of Roman antiquities. To it be- 
 longs a description of the city gates : these were thirty- 
 seven in number in the time of Pliny the elder, but in 
 the reign of Justinian there remained only fourteen 1 , 
 Antiquarians are not yet agreed whether the original 
 square-shaped city had three or four 2 . Their names, 
 supposing them to have been four, are said to have 
 been Romanula, Mugonia, Trigonia, and Carmentalis 
 (from Carmenta, the mother of Evander) not to men- 
 tion other names. Among the thirty-seven of the time 
 of the elder Pliny, most of which appear to have been 
 named from the roads passing through them, were the 
 P. Capena (also called Triumphalis), Ccelimontana, Es- 
 quilina, Tiburtina, Viminalis, Collina, Pinciana, Flu- 
 mentana (Flaminia), Carmentalis, Triumphalis (distinct 
 from the Capena), Janiculensis, Portuensis, and Trige- 
 mina. The sites of many of them can now only be 
 conjectured. 
 
 The bridges were eight in number, but these are not 
 now all in existence. To begin from the lowest, they 
 stood as follows : the Sublicius, between the Aventine 
 hill and the Janiculum, which was the most ancient of 
 all, and had originally been formed of wooden rafters 
 (e sublicis) ; the Palatinus (Senatorius), which was the 
 first one came to on proceeding from the Forum to- 
 wards the Janiculum; the Fabricius 3 and Cestius, by 
 which one crossed over into the island on one's way to 
 the Janiculum ; the Janiculensis ; the Vaticanus (Tri- 
 umphalis, Aurelius) ; the iElius, leading to Adrian's 
 mound ; and the Milvius 4 , which lay without the city, 
 beyond the Flaminian gate. 
 
 1) See Plin. 3, 5, 9; Procop. de Bello Goth. 1. p. 194. 2) Cf. 
 Nard. R. Vet. I, 3. 3) Hor. Sat. 2, 3, 36 : "A Fabricio non 
 tristem ponte reverti."' 4) This was also called the iEmilian 
 bridge, Juven. 6, 32 : "quum tibi vicinum se praebeat iEmilius pons." 
 
sect. 48.] ROMAN ANTIQUITIES. 49 
 
 48. The highroads had their names, some from the 
 towns to which they led, others from the persons by 
 whom they were constructed. Within the city they 
 were paved with stone, outside it with gravel 1 . Along 
 them were placed stones inscribed with the distances 
 from the most important places along their extent, 
 thus M. P. XX. These were all reckoned from the 
 Columna Milliaria ( 50), within the city ; and hence 
 the expressions ad primum, ad centesimum ab urbe 
 lapidem, and the like. In explanation of the construc- 
 tion of roads we meet with the words statumen, rudus, 
 nucleus, dorsum : statumen, the foundation, or lowest 
 layer ; rudus, a composition of rubble, or gravel and 
 lime, laid over the statumen ; nucleus, the layer next 
 under the surface ; dorsum, the ridge, or raised part of 
 the centre 2 . The remains of Roman roads still to be 
 seen, show that they were of wonderful firmness and 
 consistency. Among the more celebrated were the 
 Appia, the Tiburtina, and the Flaminia. Military 
 roads formed a class apart. 
 
 The Fora, or public squares, were numerous, in pro- 
 portion to the vast extent of the city. Some of them 
 were places of resort for the despatch of public business, 
 and most of these were adorned with porticoes. The 
 most celebrated of all was the Forum Romanum, which 
 is called by way of distinction the Forum simply. Next 
 to it were the Forum Caesaris (Julium) and the Forum 
 Trajani. Some served for markets, as the F. Olito- 
 rium, where herbs were sold ; F. Boarium, for oxen ; 
 F. Suarium, for swine ; F. Piscarium, for fish ; F. Pis- 
 torium, for bread. 
 
 There were also open spaces called campi, or fields, 
 being covered with grass or turf, not paved, and serving 
 as places of resort for amusement, sports, and exercises, 
 military or others. Onuphrius says they were seven- 
 teen in number, Creuzer reckons them to have been 
 
50 ROMAN ANTIQUITIES. [sect. 49. 
 
 only eight. The most famed of these was the Campus 
 Martius, called also the Campus simply 5 , as when we 
 read of the contests of the Campus, the Venal Campus, 
 etc. ; it lay outside the Servian wall, reaching down to 
 the Tiber ( 161). Among the others were the C. 
 Agrippae, C. Viminalis, C. Ccelimontanus, C. Trigemi- 
 norum, C. Jovis, and C. Vulcani. There were also 
 numerous sacred groves, either with or without ad- 
 jacent temples. Such were the groves of Jupiter Vi- 
 mineus, of Juno Lucina, of the Muses, of Venus Luben- 
 tina, of Egeria, of Mars, the Lucus Vaticanus, and 
 Lucus Pcetilinus. Mention is also made of open places, 
 areae, in front of temples, with an altar for burning 
 victims ( 330) ; other areae appear to have served for 
 much the same purposes as the Campi 6 . There were 
 the areae of Apollo, Mercury, Vulcan, Gallus, the Area 
 Sancta, and an area in the Campus Martius 7 : not to 
 mention others. 
 
 1) Cf. Liv. 41, 32 ; Juven. 3, 270 ; Tib. 1, 7, 59. 2) See 
 Champoll. Resume d'Archeol. v. 1, p. 10. 3) Cf. Proc. de B. 
 Goth. I. ; Hor. Sat. 1, 5. 4) Ovid. Fast. 6, 478: "Area, quae 
 
 ?osito de bove nomen habet." Cf. Tac. Ann. 12, 24. 5) Cf. 
 lor. A. P. 162 ; Ep. 1, 7, 59. 6) Cf. Hor. Od. 1, 9, 18. 7) 
 Cf. Pitiscus in Area. 
 
 49. The temples, templa, cedes, cedicula, sacellum 
 ( 330), were very numerous. Among the more cele- 
 brated were the Pantheon, or temple of all the gods ; 
 that of Apollo Palatinus; of .^Esculapius, on the island 
 formed by the Tiber; of Concord, cedes Concordice; 
 of Honour and Virtue ; of Janus ; several dedicated to 
 Jupiter, as that of J. Feretrius, that of J. Stator, and, 
 by far the most famed of all, that of J. Optimus Maxi- 
 mus, or Capitolinus, otherwise called the Capitolium ; 
 also the temples of Juno Lucina, of Juno Regina, of 
 Mars Ultor, of Mars Quirinus, of Peace, of the Sun, of 
 Venus Genetrix, of Vesta. 
 
 The theatres ( 350) were those of Pompey, of Marcel- 
 
sect. 50.] ROMAN ANTIQUITIES. 51 
 
 lus, of Balbus. The amphitheatres (ib.) were those of 
 Statilius Taurus, and of Vespasian (the Colosseum). 
 There were several circuses ( 348): the most remark- 
 able, as well as the most ancient of which, was the C. 
 Maximus, otherwise called the Circus, byway of distinc- 
 tion : which, with the Forum and the Campus, were the 
 three most famous spots in all Rome *. There was also 
 the Circus Flaminius, the C. Agonalis, the C. of Nero, 
 and that of Caracalla, not to mention others. There 
 were also places for the exhibition of mock sea-fights 
 ( 349) ; one constructed by Domitian, one by Nero, 
 and others. There were also gymnasia, ludi, palcestra. 
 for military exercises, for wrestling, or for running, an- 
 nexed to the public baths, and indeed to private houses. 
 Attached to baths were also promenades, xysti, of trees 
 or columns. The odcea were places where musicians 
 and poets performed or recited their works. 
 
 The porticoes were either detached structures, or 
 attached to public and even to private buildings. Such 
 were the porticoes of Apollo 2 , Isis, Freedom, Pompey 3 , 
 and Agrippa ; the iEmilian Portico, those of Livia, 
 Faustina, and of the Argonauts, and the Porticus Mar- 
 garitaria. The basilicce were halls in which merchants 
 met, and sometimes the senate, but they served especi- 
 ally as courts of justice; such were the Basilicae Porcia, 
 Julia, Ulpia, Argentaria, and others. The curia were 
 buildings for the meetings of the Curiae ( 142) ; and 
 served also for assemblies of the senate. The most 
 noted of these, called the C. Hostilia, and simply the 
 Curia, stood in the Forum ; besides which were the C. 
 Calabra, Pompeii, Julia, and many others. 
 
 1) Cf. Hor. Sat. 1, 6, 113: " Fallacem circum vespertinumque 
 pererro stepe forum." Cf. Juven. Sat. 3, 65. 2) See Prop. 2, 23. 
 Cf. Ovid. Trist. 3, 1, 59. 3) Prop. 2, 23, 45 : " Porticus aulaeis 
 nobilis attalicis." 
 
 50. Hot baths, tkermce, balnea, balinea, were very 
 
52 ROMAN ANTIQUITIES. [sect. 50. 
 
 numerous in Rome ( 472) ; among them were those of 
 Agrippa, Titus, Trajan, Diocletian, and Constantine. 
 The aqueducts, aquceductus or aquce, were the Aqua 
 Virgo, A. Appia, A. Marcia, A. Julia, A. Claudia, the 
 Anio Vetus and Anio Novus, and the Aqua Trajana. 
 The water being conveyed by these aqueducts into re- 
 servoirs, dividicula, was thence distributed through 
 the city by pipes, calices, tubuli, jistulce, and collected 
 in pools for the public use 1 . There were also places 
 called nymphcea, adorned with grottoes, stones, and 
 playing waters, in honour of the Nymphs. The public 
 sewers, cloaca, some of which dated from the times of 
 the kings, were of a construction so durable that they 
 remain to the present day. The Cloaca Maxima is the 
 most remarkable. The principal triumphal arches, 
 arcus, were those of Titus, Septimius Severus, Galli- 
 enus, and Constantine. The chief columns, cochlides, 
 were the Columna Rostrata ( 426), the C. Milliaria, 
 and those of Trajan, and Antoninus. There were also 
 obelisks, remarkable for their size and hieroglyphics, 
 brought from Egypt, and erected in the circuses ( 348) 
 and other public places. Among these were the Obe- 
 liscus Augustaeus, the O. Cajanus, and the O. Sallus- 
 tianus : for a fuller account see Pitiscus. There were 
 also colossal statues, colossi, such as that of Nero, 
 which Vespasian dedicated to the Sun. Among the 
 tombs, monumenta, sepulchra, were the Mausoleum 
 of Augustus, the Mound, moles, of Adrian (now the 
 Castle of St. Angelo), and the Pyramid of Caestius. 
 
 1) Cf. Hor. Sat. 1, 4, 37. 
 
ROMAN ANTIQUITIES. 
 
 PART I. 
 
 CHAPTER THE FIRST. 
 
 OF THE SEVERAL CLASSES OF ROMAN 
 SUBJECTS. 
 
 Of Slaves, 
 
 51. The simplest division of the inhabitants of the 
 Roman empire, was into slaves and freemen 1 . The 
 latter were either free-born, liheri nati, or ingenui, or 
 freed, liberati, or manumissi. These, with respect to 
 their former masters, were called liberti ; in relation to 
 other freemen, libertini; the latter designation conti- 
 nued to be applied to their children, although the rela- 
 tion indicated by the former, did not, I conceive, de- 
 scend to them 2 . Freemen enjoyed rights of various 
 kinds, and slaves had none. The loss of freedom must 
 evidently have arisen, in the first instance, from the 
 right of the strongest, inasmuch as no man is by nature 
 a slave to his fellow man 3 . The most ancient cause, 
 however, of legal servitude, was capture in war; for the 
 vanquished, being held by the law of nations to be the 
 property of their victors, were accordingly enslaved by 
 them to their own service, or sold into that of others. 
 Hence slavery first arose from capture in war and the 
 sale of captives ( 100). The words servus and man- 
 cipium designated slaves so made : servus, as having 
 been preserved by the victor, a victore servatus, or 
 
54 ROMAN ANTIQUITIES. [chap, i, 
 
 according to some etymologists, from the Greek root 
 epco, or ipvco, to drag, or rescue from death ; an ety- 
 mology which is countenanced by the word eritudo 
 (= servitude*), found in Festus 4 . The term manci- 
 pium is considered equivalent to manu captum 5 . The 
 word servus has however been otherwise deduced from 
 ecpco to bind, eipepos, etc. ; and learned authorities of 
 the present day assert, that a slave was called manci- 
 pium as being res mancipi ( 97), or property acquired 
 by mancipation. 
 
 1) Cf. Institt. 1,3; Caj. Institt. 1, 3 : " Summa itaque divisio de 
 jure personarum haec est, quod omnes homines aut liberi sunt, aut 
 servi." 2) Cf. Suet. Claud. 24 ; Caj. Institt. 1, 10 ; Liv. 4, 3, 
 10, 8 ; Hor. Sat. 1,6,6; Heind. ad Hor. Sat. 1, 6, 79. 3) In- 
 stitt. 1, 3, 2 : " Servitus est, constitutio juris gentium, qua quis domi- 
 no alieno contra naturam subjicitur." Cf. 54, and Caji Institt. 1, 
 52. 4) Cf. Creuz. 34. 5) See Don. ad Ter. Adelp. 2, 1, 
 28 ; Lyd. de Magg. 1, 11 ; Isid. Origg. 9, 4. 6) Cf. Cic. Pa- 
 rad. 5, 1 : " Non enim ita dicunt eos (improbos) esse servos, ut man- 
 cipia, quae sunt dominorum facta nexu aut aliquo jure civili." 
 
 52. Independently however of capture in war, there 
 were other causes of slavery among the Romans. It 
 was consequent on servile birth, and also inflicted as a 
 punishment; and again, there was a commerce in slaves. 
 With respect to servile birth, it was to be expected 
 that the children of slaves should belong to the owners 
 of their parents : those born of a freeman and a female 
 slave belonged to the class of their mother, such con- 
 nection being altogether illegal, extra connubium 1 . 
 The union of free persons and slaves, or of slaves one 
 with another, not being considered marriage, matri- 
 monium, but cohabitation, contubernium ; the woman 
 who was a slave not being called uxor, but contubernalis 
 ( 82). Slaves by penalty, servi poence, were those 
 who had been condemned to lose their freedom for 
 having eluded the census 2 or military service, children 
 sold by their fathers 3 , or persons devoted to servitude 
 by the Pater pair attis* ( 323), convicted thieves, in- 
 
sect. 53.] ROMAN ANTIQUITIES. 55 
 
 solvent debtors, next, ( 72,) persons who hired their 
 personal services 5 , children found and reared by slaves, 
 criminals condemned to the mines or to be thrown to 
 wild beasts. 
 
 1) Cic. Top. 4 ; Caj. Institt. 1, 67. 2) Cic. p. Csec. 34 : " Cum 
 autem incensum vendit (populus), hoc judicat : cum is, qui in ser- 
 vitute justa fuerit, censu liberetur, eum, qui, cum liber esset, cen- 
 seri noluerit, ipsum sibi libertatem adjudicasse." 3) Cf. Dionys. 
 2, 27. 4) Cf. Cic. 1. c. 5) See Hugo, Gesch. d. Rom. R. 
 
 ed. 6. 190. 
 
 53. The traffic in slaves was carried to a greater 
 height in Rome during its days of prosperity and lux- 
 ury, than anywhere else 1 ; the market being furnished 
 from all parts of the world, but chiefly from Greece 
 and Asia, and men free by birth being kidnapped every- 
 where to supply it. To this trade belong the terms 
 venaliciaria 2 , the slave-trade ; venaliciarhs , or mango, 
 the slave-dealer; venalis, venalicii 3 , venalicium, the per- 
 son offered for sale ; venaliciafamilia*. The mode of 
 sale was as follows. The persons offered, venales, were 
 exposed by the dealer, mango, on a platform, catasta 5 , 
 or stone 6 ; whence the phrases de castatd, de lapide 
 emti. Those brought from beyond seas were exposed 
 either by law or custom, with their feet whitened, gyp- 
 satis pedibus ; those whom the vender would not war- 
 rant, wore a cap, pileati 9 ; all others he was bound to 
 warrant free from any serious fault, being obliged in 
 particular to state to the buyer whether the slave had 
 been ,a runaway. Otherwise he was compelled to take 
 back, recipere 10 , as fraudulently sold, any faulty slave, 
 vitiosum, whom the purchaser chose to return on his 
 hands, reddere (== redhibere). A tablet containing a 
 list of the good or bad qualities of each slave, was 
 usually hung round his or her neck n . Concerning the 
 practice of exposing them stripped, and handling their 
 bodies, see Sen. Ep. 80: Suet. Aug. 69 12 : Sen. Rhet. 
 
56 ROMAN ANTIQUITIES. [chap. i. 
 
 Controv. I, 2 ; Juvenal mentions that their ears were 
 pierced for rings, (Sat. I. 105). 
 
 1) See 493. Cf. Creuz. 35. 2) Pandd. 32, 1, 73. 3) 
 Cic. Orat. 70. 4) Cf. Suet. Aug. 42 ; Pandd. 24, 1, 31. 5) 
 Cf. Suet, de Gramm. 13 ; Pers. 6, 77 ; Mart. 6, 29 ; Tib. 2, 6, 21 ; 
 " Regnum ipse tenet, quem ssepe coegit Barbara gypsatos ferre ca- 
 tasta pedes." 6) See Plaut. Bacch. 4, 7, 17 ; Cic. in Pis. 15. 
 7) Suet, et Cic. 1. c. 8) Cf. Tib. 1. c. ; Ovid. Am. 1, 8, 64 ; 
 Prop. 4, 5, 51, sqq. ; Plin. 35, 17 ; Cic. ad Div. 7, 6 ; Juven. 1, 
 110: " Vincant divitiae, sacro nee cedat honori, Nuper in hanc ur- 
 bem pedibus qui venerat albis." Cf. ib. 7, 16 : " Altera quos nudo 
 traducit Gallia talo." 9) See Gell. 7, 4. 10) Cic. de Off. 3, 
 23 : " In mancipio vendendo dicendane vitia, non ea (al. nee ne), 
 quae nisi dixeris, redhibeatur mancipium jure civili, sed haec : men- 
 dacem esse, aleatorem, furacem, ebriosum." Cf. ib. 16. 17 ; Hor. 
 Ep. 2, 2, 17, sqq.; Gell. 4, 2. 11) See Prop, et Gell. 1. c. 
 12) " Conditiones quaesitas per amicos (Augusti), qui matres fami- 
 lias et adultas estate virgines denudarent, atque perspicerent, tan- 
 quam Thoranio mangone vendente." 
 
 54. Slaves were divided into public and private 1 . 
 Among the former were those hired by mancipes to 
 tow boats, draw carriages, etc., helciarii; water-carriers, 
 aquarii; those who worked in the mines, metalla, and 
 quarries, latumice ; and also some of the attendants on 
 the magistrates even in the provinces, though not all 
 (comp. 217). Private slaves, of which there were 
 immense numbers in Rome, were classed, according to 
 their occupations, into city and rural slaves, familia ur- 
 bana,familia rustica. We shall speak of their various 
 occupations in 494, 495; at present we have to treat 
 of their condition, and the mode of their manumission. 
 The Romans considered slaves not as persons, but as 
 things, to be sold, given in pledge 2 , and punished at 
 the will of the owners : in the early times of the Repub- 
 lic they might even be put to death with impunity 3 . 
 This rigour of the law was however so tempered by 
 custom, and the clemency of their masters, that it is 
 a question whether their lot was not more tolerable in 
 the early ages of Rome, than during the height of its 
 power ; such is the opinion of Creuzer ( 45.) The ca- 
 
sect. 55.] ROMAN ANTIQUITIES. 57 
 
 price of the owners was checked by law, under the 
 Caesars ; as for instance, by the enactments of Antoni- 
 nus Pius 4 , and finally by the influence of Christianity. 
 The lot of different slaves under the same master also 
 varied with the nature of their employments, and the 
 degree of favour they severally enjoyed. The home- 
 born slaves, vernce, being brought up under the eye of 
 their owner, and generally in a better manner than 
 others, being even educated, if they displayed a docile 
 disposition, and, if well disposed, liberally treated. 
 Hence they were admitted to a certain degree of fami- 
 liar intercourse, and, from the freedom permitted to 
 them, came the expressions, vernilesjoci, vernilia dic- 
 ta, verniles hlanditice, vernilitas 5 . The rural slaves 
 fared worst, working in fetters, and being confined in 
 dungeons, ergastula, etpyco or ipyd^co, on returning from 
 their daily task 6 . 
 
 1) Cf. Liv. 26, 47 ; Plin. Ep. 10, 30. 2) Pandd. 40, 5, 24. 
 3) Caj. Inst. I, 52: "In potestate itaque sunt servi dominorum, 
 quae quidem potestas juris gentium est ; nam apud omnes peraeque 
 gentes animadvertere possumus, dominis in servos vitae necisque 
 potestatem esse ; et quodcunque per servum adquiritur, id domino 
 adquiritur." Cf. Juven. 6, 219, 14, 18; Sen. de Ira, 2, 40 ; Ep. 
 47. 4) See Pandd. 1, 6. Cf. Suet. Claud. 25. 5) Mart. 1, 
 42 : " Urbanus tibi, Caecili, videris. Non es, crede mihi. Quid 
 ergo ? Verna es." Cf. Tac. Hist. 2, 59, 3, 32 ; Hor. Sat. 2, 6, 108 ; 
 Sen. de Const, c. 11 "pueros quidem in hoc mercantur procaces, 
 et eorum impudentiam acuunt et sub magistro habent, qui probra 
 meditate effundant," etc. Cf. idem Ep. 95. 6) Hence we read 
 
 of husbandmen and labourers working in chains, Flor. 3, 1 9 ; Luc. 
 7, 402. Cf. Tib. 2, 6, 25 ; Plin. 18, 3. 
 
 55. The slighter offences of slaves were usually 
 punished with the whip, flagellum, or a thong, lorum 1 , 
 whence the words lorarii, loris ccedentes, designating 
 those whose business it was to inflict the punishment, 
 and the opprobrious epithets of mastigia and verbero 
 applied to a slave who had suffered it. The punish- 
 ment of the fork, furca, (whence furcifer 2 ,) is reckoned 
 by antiquarians among the milder kinds. A severer 
 
58 ROMAN ANTIQUITIES. [chap. i. 
 
 punishment was branding with certain marks, stigmata, 
 which those who had suffered were called litterati, in- 
 scripti, stigmatici 3 . It was customary also to send 
 slaves, by way of punishment, into the ergastula*, or to 
 the m\\\,pistrinum (from pinso, Gr. fivXaiv), of which fre- 
 quent mention occurs ; in it they served as horses to 
 turn the mill-stones 5 . We read also of slaves being 
 publicly condemned to the mines, or to be thrown to 
 wild beasts bestiarii 6 . Capital punishment was in- 
 flicted on them by crucifixion 7 . Slaves suspected of a 
 crime were commonly examined by torture 8 ; concerning 
 which see 277. The severity with which guilty slaves 
 were treated may be understood from the circum- 
 stance, that if a master had been murdered by his 
 slaves, per insidias serviles, the whole household were 
 put to death indiscriminately 9 , a practice which pre- 
 vailed even under the Caesars. Flight from service 
 was considered a grave offence 10 . The recovery of 
 fugitives 11 was the employment of men called, from 
 their occupation, fugitavarii 12 . 
 
 1) Hor. Ep. 2, 2, 15: "Semel hie cessavit, et, ut fit, in scalis 
 latuit, metuens pendentis habenae." Cf. Ovid. Am. 1, 6, 19; 
 Juven. 14, 19. For the custom of suspending them whilst beaten, 
 with a weight attached to their feet, see Plaut. Asin. 2, 2, 23, and 
 Aul. 4, 4, 16. 2) Cf. Plaut. Cas. 2, 6, 37 ; Persa 5, 2, 72 ; Liv. 
 1, 26 ; Suet. Nero, 49. 3) Cf. Juven. 14, 24 : " Inscripta erga- 
 stula ;" Plin. 18, 3, " Inscripti voltus ;" Mart. 8, 75, 9 ; Prudent. 
 Hymn. 10. v. 1079. 4) Cf. Juven. I. c. and 8, 180. 5) Cf. 
 Ter. Andr. 1,2,28; Plaut. Asin. 1, 1, 16; Apul. Met. 8: " Ibi 
 complurium jumentorum multivii circuitus intorquebant molas am- 
 bage varia," etc. The same writer, speaking of the baker's trade, 
 says : " Di boni, quales hi homunculi, vibicibus livedinis totam cu- 
 tem depicti, sic tunicati, ut essent per pannulos manifesti, frontes 
 litterati, et capillum semirasi, et pedes annulati. 6) Cf. Caj. 1, 
 13. 7) Cf. Hor. Sat. 1, 3, 80 ; Juven. 6, 219 ; Cic. Verr. 5, 64. 
 8) Cf. Tac. Ann. 14, 42 ; Beauf. v. 2, p. 157. 9) See Tac. 
 Ann. 14,43. 10) Cf. Apul. Metam. 6, 114. 11) Cf. Ter. 
 Heaut. 4, 2, 11. 12) Flor. 3, 19 ; Varro de R. R. 3, 14 ; Cod. 
 Theod. 10, 12, 1 ; Creuz. 45. 
 
 56. Slaves were not admissible to the army 1 , nor 
 could their testimony be received in law 2 ; they could 
 
sect. 57.] ROMAN ANTIQUITIES. 59 
 
 not make wills 3 , nor inherit anything, except through 
 their master 4 ; nor gain or hold property of any kind 
 except with his consent. Whatever they so acquired 
 remained still at his disposal ; it was called their pecu- 
 lium 5 . They often employed their peculium to pur- 
 chase their freedom, the price of which was sometimes 
 agreed on beforehand between them and their owner 6 . 
 It was customary for them to make presents to their 
 master and his children 7 ; themselves in turn receiving 
 gifts from his clients 8 . For their maintenance they 
 received a monthly allowance in corn and money, called 
 dimensum and menstruum 9 ; or it was given daily, and 
 called diarium 10 . 
 
 1) See Liv. 22, 57, 24, 16 ; Plin. Ep. 10, 39. 2) Ter. Phorm. 
 2, 1, 59. 3) Cf. Plin. Ep. 8, 16. 4) See Hein. Antiqq. Rom. 
 Synt. 2, 14, 1. Cf. Caj. 1, $2. 5) Pandd. 15, 1 : De Peculio. 
 Cf. Virg. Eel. 1, 33 ; Hor. A. P. 330 ; Pandd. 32, 1, 79. 6) Cf. 
 Sen. Ep. 80. 7) Cf. Ter. Phorm. 1, 1, 7. 8) Cf. Juven. 3, 
 188. 9) Cf. Donat. ad Ter. 1. c. ; Sen. Ep. 80. 10) Cf. Hor. 
 Ep. 1, 14, 40 ; Mart. 11, 109, 3 ; Petron. 24. 
 
 57. The mode of liberating slaves, manumission, i. e. 
 e manu or e potestate missio l , requires particular no- 
 tice. Antiquarians divide it into what Caius calls justa, 
 complete, and minus justa, incomplete ; whence also 
 resulted libertas justa and libertas minus justa. The 
 minus justa took place three ways, per vindictam, per 
 censum, per testamentum 2 . Modern writers disagree 
 widely concerning manumission per vindictam, of which 
 we possess only scattered notices from ancient authors. 
 According to Adams it was as follows : the master who 
 intended to free a slave, declared before the praetor or 
 consul, (if in the provinces, before the proconsul or pro- 
 praetor, see 244), " I will that this man be free after 
 the custom or law of the Quirites :" hunc hominem li- 
 berum esse volo more vel jure Quiritium. If there 
 were no reason to refuse the man his liberty, the magi- 
 strate then touched the head of the slave with a wand 3 , 
 
60 ROMAN ANTIQUITIES. [chap. i. 
 
 saying, " I declare this man to be free after the manner 
 of the Romans " (Quirites) : Aio hunc hominem liberum 
 esse more Romanorum ( Quiritium). Thereupon a lictor, 
 or the master, turned the slave once round, and struck 
 him on the cheek with his hand, signifying thereby 
 that he was at liberty to go whither he pleased : hence 
 the expression manumittere , i. e. to let go out of hand. 
 
 1) Hence the word manumissor ; Pandd. 27, 15, 3. 2) Cic. 
 Top. 2 : "Si neque censu, neque vindicta, nee testamento liber 
 factus est, non est liber ;" Caj. 1, 17 : "In cujus persona tria haec 
 concurrunt, ut major sit annorum triginta, et ex jure Quiritium do- 
 mini, et justa ac legitima manumissione liberetur, id est, vindicta 
 aut censu aut testamento, is civis Romanus sit : sin vero aliquid 
 eorum deerit, Latinus erit." 3) Hor. Sat. 2, 7, 75 : " quem 
 ter vindicta quaterque Imposita haud unquam miser a formidine 
 privet." 
 
 58. Two instances in the note subjoined *, will show 
 how far other writers differ on this subject from Adams ; 
 the disagreement is such, that it will be better to for- 
 bear discussion of the order in which the particulars of 
 the ceremony took place, contenting ourselves with 
 knowing what they were. That freedom was bestowed 
 by the vindicta in presence of a magistrate, is evident 
 from the consent of the ancients themselves 2 . Several 
 passages show that the head of the slave was touched 
 with a wand called vindicta or festuca; hence the 
 phrase vindictam impofiere 3 ; from Pers. v. 175, we 
 infer that the lictor applied it 4 . Creuzer shows, 48, 
 that, in later times, a stroke of the hand on the face 
 was substituted for the touch of the wand. Festus ? 
 in v. manumitti, informs us, that the master of the 
 servant touched his head or one of his limbs. Con- 
 cerning the stroke or blow on the cheek, compare, be- 
 sides other authorities, the line of Phaedrus, II, 5, 25, 
 multo majoris alapce mecum veneunt ; from which it 
 would seem that it was given by the master, and Clau- 
 dian, Hon. Cons. 4, 615, where it is said of the person 
 
sect. 59.] ROMAN ANTIQUITIES. 61 
 
 manumitted, grato remeat securior ictu. Persius 5, 75, 
 furnishes an important authority concerning the turning 
 the slave round, una Quiritem vertigo facit, whilst the 
 words verterit hunc dominus seem to show that this also 
 was done by the master 5 . Hermogenianus 6 asserts 
 that a fixed form of words was used by the master, 
 but also informs us that it became customary, in course 
 of time, for the lictor to pronounce them in his stead. 
 Boethius states the same. It would appear, in short, 
 that the original ceremony was so far altered, as to be 
 wholly performed by the lictor only, in the presence of 
 the magistrate, the master being perhaps bound just to 
 touch the slave. Such is the opinion of Hermogenianus. 
 Hence it is easy to understand how the same parts of 
 the ceremony were not at all times performed by the 
 same individuals. 
 
 1) Heinecc. Synt. I, 4, 5, vol. 1, p. 102 : " Fiebat hsec manu- 
 missio coram Consule, Praetore, Proconsule, adhibito lictore, qui, 
 servo percusso, addebat verba : hunc hominem liberum esse volo. 
 Quo facto in gyrum actus servus, inflicta alapa liber dimittebatur. 
 Hinc Pers. Sat. 5, 75, de Dama servo, in gyrum acto : heu steriles," 
 etc. On the contrary, Ruperti (Grund. d. Gesch. der Rom. 
 p. 483,) says that the master, appearing before the tribunal of the 
 praetor, with the slave, whose head had been shorn, either laid his 
 hand on his head, or took him by the hand, and, turning him thrice 
 round, struck him on the cheek, pronouncing the words " hunc ho- 
 minem liberum esse volo," and so let him go or manumitted him. 
 Then the praetor touched the slave's head with a wand, called the 
 vindcta, declaring him to be free by saying, " ajo te liberum more 
 Quiritium," and finally struck his head with the wand. 2) See 
 Plin. Ep. 7, 16. 3) Hor. 1. c. Cf. Pers. Sat. 5, 88. 4) " Hie, 
 hie, quem quaerimus, hie est (homo liber.), Non in festuca, lictor 
 quam jactat ineptus." 5) " Heu, steriles veri ! quibus una Qui- 
 ritem Vertigo facit. Hie Dama est non tressis agaso, vappa et 
 lippus, et in tenui farragine mendax. Verterit hunc dominus, mo- 
 mento turbinis exit Marcus Dama." Sen., Ep. 8, speaking of the 
 philosopher, says, "non differtur in diem, statim circumagitur." 
 6) Pandd. 40, 2, 23, ubi " Manumissio per lictores hodie, domino 
 tacente, expediri solet, et verba solennia, licet non dicantur, ut dicta 
 accipiuntur." Cf. Boeth. in Top. Cic. 2. See Briss. de Formulis, 
 1.8. p. 724. 
 
 59. It was believed among the Romans that the first 
 slave freed by the vindicta was a man named Vindex, 
 
62 ROMAN ANTIQUITIES. [chap. r. 
 
 or Vindicium, who discovered the conspiracy of the 
 sons of Brutus. Some have derived the word vindicta 
 from his name 1 . The etymology adopted after others 
 by Creuzer, 48, seems the more probable, viz. from 
 vindicare in libertatem 2 ; and there are some, as Un- 
 terholzner, who refer the use of the vindicta in manu- 
 mission of slaves to the formalities observed in the 
 taking possession of property resigned by the actual 
 possessor to a claimant ( 99). Manumission per cen- 
 sum was more ancient than that by the vindicta, having 
 been instituted, it is said, by Servius Tullius 3 . A slave 
 was liberated by the census, when he was enrolled in 
 the census (see 52) on his master's authority 4 . Ma- 
 numission per testamentum was when a slave was freed, 
 agreeably to the laws of the XII Tables 5 , if his master 
 in his will had declared him to be free. Those who 
 had thus obtained freedom were called orcini and Cha~ 
 ronitce, their patron being in the other world 6 . If the 
 heir manumitted a slave in compliance with a mere re- 
 quest of the testator, he became the patron of the 
 freedman. 
 
 1) Liv. 2, 4, 5. Cf. Claud. Hon. Cons. 4, 6J3 : " Deductura 
 Vindice morem lex celebrat," etc. 2) Cf. Liv. 41, 9. 3) See 
 Hein. Synt. 1, 4, 5. 4) Cic. de Orat. 1, 40 : " Quid? de liber- 
 tate, quo judicium gravius esse nullum potest, nonne ex jure civili 
 potest esse contentio, quum quaeritur, is, qui domini voluntate cen- 
 sus sit, continuone, an, ubi lustrum conditum, liber sit ?" Cf. Cic. 
 p. Caec. 34 ; Boeth. in Cic. Top. 2. 5) See Hein. Synt. 1, 4, 6. 
 6) Cf. Suet. Aug. 35 ; Institt. 2, 24 ; Ulp. Fragmm. 2, 8. 
 
 60. Among the manumissiones justce is reckoned that 
 which sometimes took place for the purpose of main- 
 taining the hereditary sacra of a family, when the vi- 
 cesima, aurum vicesimarium ( 390), or twentieth part 
 of the value of the slave, was paid down for the use of 
 the state 1 , and the manumitted slave was admitted to 
 the gentilia sacra ( 79) of his master : but there are 
 other explanations proposed 2 . Under the reign of 
 
sect. 61.] ROMAN ANTIQUITIES. 63 
 
 Constantine the Great 3 , manumissions took place in 
 churches, the heathen ceremony being, according to 
 some, still observed on the occasion 4 : according to 
 Heineccius, Synt. 1 , 4, 7, the slave was declared free, 
 after a document, signed by the minister of the church, 
 had been read by order of the master of the slave 5 . 
 Lastly, we must reckon among the manumissionesjustce, 
 if not in formalities, in effect certainly, those which 
 took place by will of the emperor 6 , or on legal grounds, 
 even against the owner's consent 7 . 
 
 1) Cf. Arr. Dissertt. Epictett. 2, 1, 26. 2) Cf. nott. Scalig. 
 and Dacier. ad Festi " manumitti dicebantur" and " puri, probi." 
 3) Cf. Cod. Theod. 4, 7. 4) Creuz. 49, compares Suidam, t. 2, 
 p. 370, and Serv. ad iEn. 8, 564. Cf. Hein. 1, 4, 7. 5) Cf. 
 Sozom. Hist. Eccles. 1, 9; Cod. Just. 1, 13, 1. 6) Cf. Suet. 
 Claud. 25. 7) See Hein. 1, 4, 9. 
 
 61. Incomplete manumission was bestowed in various 
 ways. Of these, three were of more common occur- 
 rence than the rest, viz. inter amicos, when a master, in 
 the presence of five friends, declared that he bestowed 
 freedom on a slave ; per mensam s. convivium 1 i when 
 the slave was invited to table by his master 2 ; per episto- 
 lam, when the master, being absent from home, declared 
 by letter that he made a slave free. Justinian 3 says 
 there were innumerable other ways by which a master 
 could bestow freedom ; among these he mentions the 
 placing a bulla round the neck of a young slave, or the 
 habitually calling him " son." The purchase of free- 
 dom by a slave, without the performance of the legal ce- 
 remonies, was also among the incomplete kinds of manu- 
 missions. In cases of incomplete manumission it was 
 not unusual to declare that the freedom, such as it was, 
 should commence from a certain date, or that it should 
 be bestowed only for a certain period, or under certain 
 conditions, which limitations often occurred in manu- 
 mission by will: persons thus freed were called statu 
 liberi 4 . 
 
64 ROMAN ANTIQUITIES. [chap. i. 
 
 1) See Hein. 1, 4, 8. 2) Cf. Sen. Ep. 47. 3) Cod. 7, 6: 
 " De latina libertate tollenda." 4) Cf. Fest. in statu liber, and 
 Pandd. tit. de statu liberis. 
 
 62. Slaves, when freed, used to shave 1 their heads 
 ( 288), and received from their masters, in token of 
 their liberty 2 , a cap, a white vest, and a ring 3 ; they 
 also assumed his ' nomen,' and sometimes also his c prae- 
 nomen' in addition to their own name 4 . It is certain 
 that slaves were called, in the ancient times of the Re- 
 public, by their masters' praenomen, whence Marci- 
 pores, Lucipores, etc. 5 Names were also given to 
 slaves from various peculiarities, such as the place of 
 their origin, as Davus, Geta, etc. Those born in their 
 master's house were called vernce, or vernaculi 6 , being, 
 as it were, indigenous (ol/coyeveis). Slaves were also 
 distinguished into novitii 7 and veteratores 8 . 
 
 1) Cf. Plaut. Amphitr. 1, 1, 306. See Hein. 1, 4 and 5, 18. 
 2) Cf. Plaut. ib. ; Pers. 5, 82 ; Liv. 30, 45, 45, 44 extr. Suet. 
 Nero 57 : " Tantumque gaudium publice prsebuit (mors Neronis), ut 
 plebs pileata tota urbe discurreret ;" Sen. Ep. 47 : " dicet nunc ali- 
 quis, me vocare ad pileum servos." 3) Concerning both these 
 cf. Stuck. Antiqq. Convival. p. 362, and the passage there quoted 
 from Tertull. De Resurrect. Carnis. 4) Cf. Pers. Sat. 5, 77 ; 
 
 Juven. Sat. 5, 125. 5) See Plin. H. N. 33, 1 ; Quint. 1, 4, 162, 
 ed. Capper. 6) Cf. Mart. 1, 50, 24, 3, 1, 6. 7) Cf. Ter. 
 Eun. 3, 5, 33 ; Cic. in Pis. 1 ; Plaut. Capt. 3, 5, 60. 8) See 
 Pandd. 21, 1, 65, 2 ; Ter. Andr. 2, 6, 26. 
 
 63. There are many points of dispute concerning the 
 results of manumission ; thus much however is certain, 
 that all who received the justa manumissio were not 
 only thenceforth exempt from the power of their former 
 master, and all servitude, but gained at once the rights 
 of citizenship, which constituted complete liberty, justa 
 libertas 2 , although they were not therefore quite on a 
 par with freeborn citizens 3 ; hence we may understand 
 the concession of the jus ingenuorum, made at various 
 times to freedmen, and finally, by Justinian 4 , made 
 common to all. 
 
 The incomplete manumission, not being recognised 
 
sect. 64.] ROMAN ANTIQUITIES. 65 
 
 by law, was so far from changing the civil condition of 
 the slave, that he might be again compelled to servi- 
 tude 5 ; and although an appeal to the praetor was in 
 some cases allowed, his interference did not, I believe, 
 place them in the condition of free men 6 . At length, 
 the Lex Julia Norbana, under the reign of Tiberius 
 (A. U. C. 771), placed all who had received incomplete 
 manumission on the footing of Latini ( 120) ; the Latini 
 being by the same law declared Latini Juniani. Per- 
 sons who had received incomplete manumission were 
 sometimes completely freed by the vindicta, or by the 
 indulgence of the emperor 7 ( 70), and in other ways 8 . 
 
 1) Suet. Aug. 40 " Servos non contentus multis difficultatibus 
 a libertate et multo pluribus a libertate justa removisse," etc. 2) 
 See Hein. 1, 4 and 5, 10. Cf. Dionys. 4. 22 ; Cic. p. Corn. Balbo, 
 9 : " Servos denique, quorum vis, fortuna et conditio infima est, 
 bene de republica meritos, persaepe libertate, id est, civitate, publice 
 donari videbamus." 3) Cf. Liv. 45, 14. See Creuz. 51 ; 
 Nieb. v. 1, p. 387, sqq. 4) See Cod. Just. 7, 5, 6, Cf. Gori, 
 Columb.p. 80, 81. 5) Cf. Tac. Ann. 13, 26, 27. See Hugo, 
 sixth edit. p. 313. 6) Caj. 1, 22, says they were called Latini 
 Juniani, " Quia per legem juniam libertatem acceperunt, quum 
 olim servi viderentur esse." 7) Cf. Plin. Ep. 7, 16. 8) See 
 Ulp. Fragm. 3, 1, sqq. ; Hein. 1, 4 and 5, 12. 
 
 64. The Lex Junia Norbana, by defining the con- 
 dition of those who had received the incomplete manu- 
 mission, a condition till then, we may easily conceive, 
 uncertain and perplexed, appears to have diminished, 
 rather than increased, the number of citizen freedmen. 
 In order to obviate the evils threatened by the constant 
 additions made to the lowest class of citizens by the ex- 
 isting system of manumission, the Lex jffilia Sentia 
 (A. U. C. 757), and the Lex Fusia Caninia (A. U. C. 
 761?), passed by Augustus 1 , who was no friend to free- 
 dom, least of all to the higher degrees of it, had for- 
 bidden, among other things, the admission of any to 
 the rank of citizens before the age of thirty, except by 
 the vindicta 2 , in presence of the senate, and on just 
 
66 ROMAN ANTIQUITIES. [chap. i. 
 
 grounds ; and further, that no one insolvent, or under 
 twenty years of age, should manumit his slaves. The 
 same law forbade that slaves who had incurred severe 
 punishments, such as branding for instance, should rise 
 above the rank of dedititii 3 , and condemned ungrateful 
 freedmen to the quarries 4 . The Lex Fusia Caninia 
 also restricted the number who might be freed by will 5 . 
 The attainment, however, of perfect freedom, and the 
 rights of citizenship in general ( 65), although thus 
 restricted by Augustus, owing to various causes, be- 
 came, under the later Caesars, of very easy acquisition; 
 until Justinian, by abolishing the Latinitas Juniana, 
 made all the methods of incomplete manumission equi- 
 valent to the complete, at the same time rendering 
 futile all other expedients for altering the civil condition 
 of the slave 6 . He, however, preserved the rights of 
 patronship ( 140) to the master 7 . For the freedman, 
 although a citizen, was inferior in some other respects to 
 the freeborn man, and being made the client of the per- 
 son from whom he had received his freedom, was bound 
 by the usual laws of clientship. Moreover, freedom 
 was often bestowed only on condition that certain ser- 
 vices should still be performed 8 . The Lex JElia 
 Sentia provided legal redress against ungrateful freed- 
 men 9 , and a law of Commodus 10 consigned them anew 
 to servitude for certain grave offences. On the other 
 hand, the laws checked the injustice and caprice of the 
 patron, depriving him of his rights as such if he 
 neglected his duty to the client ; as, for instance, if he 
 omitted to supply his necessities when in want, or had 
 freed him on hard conditions, or on such as contravened 
 any existing law u . 
 
 1) See Suet. Aug. 40. Cf. Hein. 1, 6, 3. 2) See Caj. 1, 18. 
 Cf. Hein. 1, 6, 5 and 12. 3) See Hein. 1, 6, 4; Ulp. Fragm. 
 1, 11 ; Caj. 1, 13, 26: " Pessima itaque libertas eorum est, qui 
 dedititiorum numero sunt, nee ulla lege aut senatusconsulto aut 
 constitutione principali aditus iliis ad civitatem Romanara datur. 
 
sect. 65.2 ROMAN ANTIQUITIES. 67 
 
 4) Hein. 1, 6, 9. 5) Cf. Hugo 293 ; Bach. Hist. Jurispr. Rom. 
 1. 3, c. 1, 6 ; Hein. 1, 7, 2. 6) See Cod. 7, 6. 7) See 
 Hein. 1, 4 and 5, 17, 3, 8, 1, sqq. 8) Cf. Gorii Columb. pag. 67. 
 9) See Hein. 1, 6, 9. 10) See 1. 6. Digg. de agnosc. et alend. 
 lib. Cf. Hein. 1. c. Suetonius asserts (Claud. 25.) that freedmen 
 of whom their patrons had cause to complain, were re-enslaved, 
 but the Digests mention only one offence for which they might so 
 be punished (Digg. lib. 5. de jure patron.), and it would appear 
 from the debate in the senate recorded by Tacitus (Ann. 13, 26 
 and 27), that this mode of punishment was introduced at a later 
 period. See Creuz. 23. 11) See Hein. lib. 1. tit. 6. 
 
 THE RIGHTS OF CITIZENSHIP. 
 
 65. The civil capacities of freemen in the Roman 
 empire were not the same to all, inasmuch as all were 
 not Roman citizens, but enjoyed some more, some 
 fewer privileges, according to the connection established 
 between them and the Roman people by virtue of 
 treaties, or in consideration of good services. We will 
 begin the discussion of these distinctions by treating of 
 the rights of citizenship in general : considering pre- 
 posterous the method of those who pursue the inverse 
 mode of inquiry, proceeding, namely, from the lower 
 degrees to the highest ; ascending from the parts to 
 the whole, instead of descending from the whole to the 
 parts. 
 
 When the territory of Rome was confined to a small 
 extent, in its immediate vicinity, all who settled within 
 its limits 1 became citizens by the fact of settling 2 . 
 The necessity of strengthening and augmenting the 
 community induced it rather to force the rights of 
 citizenship even on those who were unwilling to re- 
 ceive them, than refuse them when solicited. Hence, 
 during the monarchical period, and in the earliest times 
 of the Republic, we read of the removal of part, or 
 even the whole, of conquered tribes to Rome, for the 
 purpose of increasing its population 3 . In course of 
 time, however, as the Roman name and power grew, 
 
 f2 
 
68 ROMAN ANTIQUITIES. [chap. i. 
 
 the rights of citizenship were granted wholly or in part, 
 by way of reward or honour, in token of amity or in re- 
 turn for services, to states situated beyond the proper 
 territory of Rome. Sometimes one particular right 
 was conceded by way of privilege, as the right of inter- 
 marriage, connubium, granted only to the Campanians 4 . 
 Hence arose various degrees, if not of citizenship, of 
 rights, (whence the terms plena civitas, optima civitas, 
 optimo jure, optima lege civitas, &c.,) and the distinc- 
 tion of municipal towns ( 115). The practice, how- 
 ever, still continued of admitting to the perfect rights of 
 citizenship, according to primitive practice, individuals 
 who had rendered service, or were expected to be ser- 
 viceable, to Roman interests 5 . This was sometimes 
 done, even when the persons in question chose to re- 
 main in their native towns. 
 
 1) The common legend concerning the first inhabitants of the 
 city is followed by Livy, 1,8: " Ne vana urbis magnitudo esset, 
 adjiciendae multitudinis causa, asylum aperit. Eo ex finitimis 
 populis turba omnis sine discrimine, liber an servus esset, avida 
 novarum rerum perfugit." The account of the incorporation of the 
 Sabines is better authenticated. 2) Cf. Dionys. 2, 15 ; Liv. 1, 8. 
 3) Cf. Liv. 1, 29, 33, 6, 4, 26, 24 ; Tac. Ann. 11, 24. 4) Cf. 
 Creuz. p. 244. 5) Tacitus (Ann. 1 1, 24) furnishes a remarkable 
 passage on this point, but is obscured by several difficulties. 
 
 66. From these considerations, and from what has 
 been said on the subject of manumission, we perceive 
 that some were Roman citizens by birth : and these 
 either per connubium, i. e. when both parents were free 
 persons, or extra connubium, i. e. when the mother was 
 free 1 , but the father a slave ; or by manumission, or by 
 admission. The last mentioned were of two descrip- 
 tions ; those, namely, who were declared citizens by a 
 decree of the people made expressly for the occasion, 
 and those whom a magistrate admitted in compliance 
 with decrees already existing 2 . The attack made in 
 later times on Rome by her Italian allies (A. U. C. 663), 
 
sect. 67.] ROMAN ANTIQUITIES. 69 
 
 called the Social War, had for its object the attainment 
 of citizenship. By the Lex Julia and Lex Plotia it 
 was first accorded to the Latins ( 119); and shortly 
 afterwards (A. U. C. 670) to all the rest, or at least to 
 all who would receive it 3 on the terms proposed ( 1 16). 
 Gallia Cisalpina ( 10) next obtained the privilege, 
 and, with it, the epithet togata. It was first bestowed 
 on the Provincia Cispadana: the Provincia Transpa- 
 dana 4 received the boon from Julius Caesar (A. U. C. 
 797). Although Augustus was somewhat sparing of 
 this honour, it was profusely lavished by the succeeding 
 emperors on nations beyond the confines of Italy ; 
 until at length Antoninus Caracalla declared it to 
 belong to all freeborn subjects of the empire indiscri- 
 minately. 
 
 1) Cf. Ulp. fragmm. 5, 8: " Connubio interveniente liberi semper 
 patrem sequuntur, non interveniente connubio, matris conditioni 
 accedunt," etc. Cf. Hugo, Gesch. d. Rom. Rechts, 65 and 191 ; 
 Schulze von den Volksversammll. d. Rdmer, p. 89 ; Creuz. p. 244. 
 2) Cf. Cic. Verr. 1, 5, p. Balbo, 14. 3) Cf. Creuz. 206, 219. 
 4) See Dio. Cass. 41, 36. 5) See 1. 17. de St. hom. ; Hein. 
 Synt., App. 1, 1, 15, sqq. 
 
 67. It is, however, no easy task to distinguish accu- 
 rately between the different ranks of Roman citizens, 
 so as to state what rights constituted citizenship, or 
 the absence of which excluded from it 1 . Modern 
 writers generally so elude the difficulty, as to leave the 
 reader in doubt on the point, or increase his embarass- 
 ment by disputes about words 2 . One single passage of 
 Livy, however, viii. 14, to mention no others, puts 
 it beyond question that there was a twofold division of 
 citizens 3 ; those, namely, possessing the right of suffrage, 
 and those who possessed it not. Perhaps other dis- 
 tinctions may be drawn on this principle. I do not, 
 however, see why those who had not this right should 
 therefore have been excluded from all others, as for 
 instance, from the rights of property and personal free- 
 
70 ROMAN ANTIQUITIES. [chap. i. 
 
 dom, nor why those who had it should necessarily have 
 had all others, as for instance the jus imaginum. It is 
 a mere dispute about words, to insist on calling all citi- 
 zens, who are found to have been so called from the 
 circumstance of their enjoying one or more of the 
 rights of citizenship. It is, however, still more difficult 
 to ascertain wherein consisted the peculiar character- 
 istic of Roman citizens in general, and their distinctions 
 among themselves under the emperors, after Tiberius 
 had completely abolished the Comitia Tributa ( 228). 
 For it is evident, from many passages, that citizens were 
 then truly such without the jus Quiritium ; and what this 
 jus Quiritium itself may have been, has never yet, in my 
 opinion, been clearly ascertained. Not to multiply in- 
 stances on this point, let it suffice to refer to Tac. Ann. 
 xi. 23, where we read that the chieftains of Gaul, who 
 had previously obtained the rights of citizenship, were 
 allowed access to public dignities in Rome itself 4 . 
 
 1) Cf. Macieiowski, Hist. Jur. Rom. p. 73, and Haubold (v. not. 
 6. ad 70), who, upholding the opinion of Savigny, affirms that no 
 one was reckoned a citizen who did not enjoy the rights of both 
 connubium and commercium. 2) Cf., among other authorities, 
 several passages in Car. Sigon. de Ant. Jure civium R. 3) " La- 
 nuvinis (a. 417.) civitas data, sacraque sua reddita. Aricini No- 
 mentanique et Pedani, eodem jure, quo Lanuvini, in civitatem ac- 
 cepti. Tusculanis servata civitas, quam habebant. interdictum- 
 que mari Antiati populo est, et civitas data. Campanis Funda- 
 nisque et Formianis-civitas sine suffragio data." A passage certainly 
 replete with obscurity even to the most learned. 4) Cf. id. Hist. 
 1,8. 
 
 68. Antiquarians, appealing chiefly to certain pas- 
 sages in Cicero, lay it down as the fundamental prin- 
 ciple of citizenship, that no one could lose it against 
 his will, or, as they speak, except by his own act 1 . 
 They assert, accordingly, that it was not forfeited even 
 by those who incurred the interdict of fire and water, 
 until they had been admitted actual citizens of some 
 other state 2 , when it was lost on another principle, viz. 
 
sect. 68.-] ROMAN ANTIQUITIES. 71 
 
 that the same individual could not be at one and the 
 same time a citizen of Rome and of another state 3 . 
 That there were, however, exceptions 4 to this principle, 
 is apparent 6 from Corn. Nep. Att. 3. They also have 
 recourse to a legal fiction 6 for explanation of the in- 
 stances in which individuals were deprived of citizen- 
 ship by way of punishment, or for any other reason 7 . 
 This they affirm to have been the case with persons 
 who were detained prisoners of war by an enemy, 
 those who were deprived of it expressly by way of 
 punishment, or in lieu of some other penalty, by virtue 
 of a public sentence 8 ; those who incurred sentence of 
 exile 9 , as well as the interdict from fire and water ; 
 or those who, according to the system invented by 
 Augustus, were transported ( deportati J 10 , their lot 
 being, in this respect, among others, severer than that 
 of the banished (relegalij 11 . Persons who returned 
 from captivity were readmitted as citizens 12 by the jus 
 postliminii 13 ; which is also spoken of in other cases: 
 for instance, in that of slaves who returned from cap- 
 tivity to their masters. Whoever had been sold by his 
 father, or by the people, or delivered up to the enemy 
 by the Pater Patratus ( 52. 323), was debarred this 
 right 14 . 
 
 1) See Hein. 1, 16, 10, and Append. 1, 73 ; Spanhem. Orbis 
 Rom. 1, 1, 6. 2) For the contrary opinion see Caj. 1, 128. 3) Cf. 
 Hein. App. 1 , 72. 4) Cf. Hugo, $191. 5) See Cic. p. Balbo, 1 1 ; 
 p. Domo, 30 ; p. Caec. 33. 35 ; p. Arch. 4. 5. and in other places. 
 6) See Hein. App. 73. 7) See Hein. 1, 16, 4, and App. 25. 
 8) Cf. Hugo, 191. 9) Cf. Caj. Institt. 1, 8, and 90. 10) 
 See Hein. 1, 16, 11. 11) Cf. Ovid. Trist. 2, 137, 5, 11, 21. 
 12) Caj. 1, 129 : " Quod si ab hostibus captus fuerit parens, quam- 
 vis servus interim hostium fiat, pendet jus liberorum propter jus 
 postliminii, quia hi, qui ab hostibus capti sunt, si reversi fuerint, 
 omnia pristina jura recipiunt." Cf. Fest. 1. c. ; Gell. 7, 18. 13) 
 For the etymology of the term, cf. Cic. Top. 8 ; Hein. Synt. 1, 
 16, 4 : " Non ideo, quod captivus ex hostico ad limina vel fines im- 
 perii revertisset, ut ait Tribonianus" (Institt. 1, 12, 5):"Sed a 
 limine, aedium parte. Reversi enim ex capti vitate non per limen 
 admittebantur in aedes, si jam diem eos obiisse nuntiatum fuerat, 
 quia id mali ominis putabatur, sed post limen per tegulas et implu- 
 
72 ROMAN ANTIQUITIES. Lchap. i. 
 
 vium intro se ipsos demittebant, teste Plut. Q. R. 5." See the 
 commentators on Fest. "Postliminium Receptus." 14) See Cic. 
 
 de Orat. 1, 40. 
 
 * 
 
 69. The loss of the rights of citizenship, being con- 
 sidered civil death, was termed 1 Romani capitis demi- 
 nutio 2 ; from the same notion, slaves, foreigners, and 
 even eldest sons, as not being independent during their 
 fathers' lives, were said to be capite destitute This 
 deminutio was divided into major, minor, and minima : 
 the first was ascribed to persons who lost their liberty as 
 well as their citizenship, such as those who were passed 
 over in the census, (incensi,) ungrateful freedmen, and 
 criminals condemned to the mines, or to be thrown to 
 wild beasts ( 55) ; the minor deminutio included those 
 who merely were excluded from citizenship ; the mi- 
 nima 3 referred to a change of condition, as in cases of 
 adoption, or passing into the power of another 4 . 
 
 1) See Hein. 1, 16, 1, sqq. ; Pandd. 4, 5, 1 : "Capitis minutio 
 est status permutatio." 2) Cf. Hor. Od. 3, 5, 42 : " Ut capitis 
 minor." 3) See Hein. 1, 16, 12. 4) Cf. Hugo 67 ; Mackeld. 
 Lehrb. des heut. Rom. Rechts, J 112. 
 
 70. The rights of citizenship are usually divided into 
 public and private l ; that this may be understood as a 
 real distinction, we must reckon the former to have 
 been such as belonged to a citizen, as such, not by 
 virtue of his private capacity as a father, husband, or 
 master 2 : hence it is easy to see which were private. 
 By the terms jura Quiritium et civitatis, or jura civi- 
 tatis, the ancients appear to have sometimes designated 
 the full and entire rights of perfect citizenship ( 65), 
 sometimes the possession of a part only of them. 
 Hence, I apprehend, the discussions still pending 
 among the learned respecting them are little likely to 
 come to any satisfactory termination. Some, as Sigo- 
 nius, Spanheim, Schulting, and Heineccius, are of 
 opinion that the jus Quiritium was used only of private 
 
sect. 70.] ROMAN ANTIQUITIES. 73 
 
 rights ; and the term civitas, when not employed to ex- 
 press perfect citizenship, denoted only, or chiefly, the 
 possession of public rights. According to others, the 
 jus Quiritium uniformly denotes full and perfect citizen- 
 ship ; so that the bestowal of this distinction raised to 
 complete citizenship any who had previously enjoyed 
 none of its privileges, or but few of them. There is 
 then no cause for surprise that Creuzer ( 203), after 
 quoting the chief passages of ancient authorities on the 
 point (viz. Sueton. 3 Claud. 19; Ulp. 4 Fragm. iii. 2; 
 Plin. 5 Ep. x. 4 and 6), should conclude by proposing 
 queries on the subject; or that Savigny 6 should be 
 thought by some to have failed in fully elucidating the 
 difficulty. Some writers reckon fewer rights as public 
 than others ; what some enumerate among the public, 
 others class among the private. There is the less 
 reason to be surprised at this discrepancy, because it is 
 not equally clear, in all cases, why they should be called 
 rights at all ; and, from what has been already stated, 
 some, as, for instance, the jus sacrorum and the jus 
 connubii, may be considered in some respects public, 
 in others private. Not, however, to involve ourselves 
 in over nice distinctions, we will place among the 
 former, the rights of personal freedom, of tenure of 
 property, of military service, liability to tributes and 
 taxes, of suffrage, of honours, and sacred rites; among 
 the latter, the having a gens (gentilitas), the rights of 
 kin (agnatio), of inter-marriage (connubium), the power 
 of fathers over children, the rights of masters, of making 
 a will, of inheritance, and of guardianship. 
 
 1) Cf. Creuz. p. 240. 2) Cic. Agr. 2, 19 : " Retinete istam 
 possessionem gratiae, libertatis, suffiragiorum, dignitatis, urbis, fori, 
 ludorum, festorum dierum, caeterorum omnium commodorum." Cf. 
 Beauf. Rep. Rom. v. 2. p. 122 ; Sigon. de Ant. Jure civium Rom. 
 1. I.e. 6. init. 3) " Civi (constituit) vacationem legis Papiae 
 Poppseae, Latino jus Quiritium." 4) " Beneficio Principali La- 
 tinus civitatem Romanam accipit, si ab Imperatoribus jus Quiritium 
 impetravit." 5) " Quare rogo, des ei civitatem Romanam ; est 
 
74 ROMAN ANTIQUITIES. [chap. i. 
 
 enim peregrinae conditionis, manumissus a peregrina. Idem rogo, 
 des jus Quiritium libertis Antonise Maximillae, ornatissimae feminae, 
 Heliae et Antoniae Harmeridi. Quod a te, petente patrona, peto." 
 Cf. Epist. 22. In Epist. 6, he also begs the rights of citizenship 
 for the relatives of his physician's wives, and for their children like- 
 wise, " ita ut sint in patris potestate, utque iis in libertos servetur 
 jus patronorum" ($ 64). After which he proceeds to solicit the jus 
 Quiritium for certain freedmen, specifying that their patrons were 
 agreeable thereto. 
 
 After thorough consideration of these and similar passages, I am 
 inclined to adopt the following opinion : first, that the freedmen 
 for whom Pliny solicits the jus Quiritium already possessed citizen- 
 ship, but evidently not complete. Whether, however, they were 
 Latini Juniani, admits of doubt ; I am inclined to think they were 
 not, on comparing the passage in Epist. 105, in which he begs the 
 jus Quiritium for certain Latini (to wit, Juniani), not contenting 
 himself with describing the parties for whom he interested himself 
 as simple liberti. The foreigners, for whom Pliny likewise requests 
 citizenship, wished, I consider, to obtain that which did not include 
 the jus Quiritium; that kind, namely, which was already possessed 
 by the liberti above mentioned, and which, it is evident, on the 
 other hand, the Latini did not enjoy. I am furthermore of opinion, 
 that imperfect citizenship was that which did not convey the jus 
 Quiritium; and that this latter was never bestowed, except along 
 with or after the boon of citizenship : whence it would follow 
 that none possessed the jus Quiritium, except the complete citizen 
 (the optima lege civis.) It seems, however, a hopeless task, to en- 
 deavour to ascertain, in such a manner as shall satisfy all the 
 doubts of the learned, what each of these kinds of citizenship ex- 
 actly was in itself, viz. complete citizenship, that which had not the 
 jus Quiritium, and that which consisted only in this. For my part, 
 I cannot comprehend to my satisfaction, why, in Pliny's time, 
 freedmen should have attached such importance to the jus Quiri- 
 tium, if, as Mart. Ernesti, and others after him, have thought, it 
 comprehended the jus militia, from which, I believe, no freedman 
 was at that time excluded ; the jus honorum, very different then 
 from what it had been in the free ages of the Republic, and the jus 
 suffragii, which had long ceased to exist at all. Neither can I see 
 how all private rights were included in the jus Quiritium, as asserted 
 by Heineccius, when he says of it (Append. 23), " ad ea, quae 
 juris sunt privati, pertinet." For, if so, we shall leave very little to 
 citizens wanting this, nay, scarcely anything at all by which they 
 could be distinguished from foreigners. 6) Savigny has treated 
 this question in his two essays, iiber die Entstehung und Fortbild. 
 der Latinitaet, etc., and iiber das Jus Italicum, and in his Geschichte 
 des rom. Rechts im Mittelalter (vol. 1. c. 2. p. 22), in such a 
 manner as to remove all the difficulties felt by Haubold, who, in his 
 Epicrisis Syntagm. Heinecciani ad App. 24, has adopted Sa- 
 vigny's theory, in the following terms : " Rem, paucis sic tene. 
 Jus civitatis partim ad jus publicum, sed potissimum ad jus privatum 
 spectavit. Nam hujus quidem sunt jus connubii etjus commercii; 
 quibus qui carent, nullo modo in civium numero habentur. Illius 
 
sect. 71.] ROMAN ANTIQUITIES. 75 
 
 sunt jus suffragiorum in comitiis et jus honorum ; quibus qui gaudent, 
 optimo jure cives vocantur ; ut tamen non minus civium loco sint, 
 qui utraque juris publici praerogativa destituuntur ; licet negentur 
 esse optimo jure cives." 
 
 OF THE RIGHTS CALLED PUBLIC. 
 
 71. Under the jus libertatis were comprised complete 
 Roman citizenship, public freedom, and legal protec- 
 tion from the caprice of magistrates, or the cruelty of 
 creditors. As regards citizenship, the liberty here 
 meant, namely, that of Quirites, is not to be confounded 
 with that enjoyed by foreigners, which was called 
 liberty to distinguish their condition from that of 
 slaves 1 . The libertas Quiritium, as the liberty enjoyed 
 by genuine Roman citizens was termed, could not be im- 
 paired or lost, except by the fault of the possessor; 
 and it was lost or forfeited in the same way as citizen- 
 ship ( 68), for which reason the legal fiction we before 
 mentioned regarded both 2 . 
 
 Public freedom (the libera respublica) was esta- 
 blished on the abolition of the monarchy by Junius 
 Brutus 3 , who prohibited the regal form of government 
 by a tribunitian (?) law, which the citizens bound them- 
 selves by oath to maintain 4 ; this enactment was shortly 
 afterwards confirmed by the two laws of Valerius 
 Publicola, the one decreeing death without trial (sacer 
 Diis Manibus, sacrum caput) against whoever should, 
 aspire to sovereignty 5 , and the other 6 granting to the 
 plebs the right of appeal from the sentence of the 
 magistrate, and securing the appellant from punish- 
 ment, either by the scourge or by fine, except the people 
 to whom he appealed also condemned him 7 . This law, 
 as well as others intended to check the tyranny of the 
 patricians, being artfully evaded by them, it was re- 
 newed first (A. U. C. 305) by Valerius Publicola and 
 Horatius 8 , then (A. U. C. 453) by Valerius Corvus 9 , 
 
76 ROMAN ANTIQUITIES. [chap. i. 
 
 and lastly (A. U. C. 557) by M. Porcius Leca 10 , who 
 strengthened it by increasing the penalty against its 
 infraction. But even this Porcian law, the existence of 
 which is still attested by a coin 11 , fell into neglect, and 
 is supposed, from a passage in Gellius (10, 3), to have 
 been last revived by Sempronius Gracchus. It would 
 appear from Sallust 12 , that it allowed the condemned 
 parties to withdraw into exile ; but, if so, must we not 
 understand it to mean those who had been condemned 
 by the magistrate in the first instance, not such as had 
 been cast in their appeal from his sentence ? To the 
 lex de provocatione were soon added the so called 
 leges sacratae 13 , declaring the persons of the plebeian 
 tribunes and aediles 14 to be sacred, that whoever in- 
 sulted them should be guilty of high treason and held 
 accursed 15 , and that those magistrates should be taken 
 exclusively from the pie bs. Under the same title was 
 included the law of the XII Tables, de capite civis 
 nisi per maximum comitiatum ne ferunto, i. e. "let no 
 capital sentence be passed, except by the comitia cen- 
 turiata 16 ." Subsequently (A. U. C. 631), came the 
 law of C. Sempronius, that no capital case should be 
 tried, except by order of the populus 17 . 
 
 1) Cf. Cic. P. Csec. 33. 2) See Hein. App. 25. 3) Cf. 
 Tac. Ann. 1, 1. 4) Cf. Dionys. 4, 85, 5, 1 ; Liv. 2, 1. 5) Cf. 
 Dionys. 2, 10 ; Liv. 2, 8 : " Latae deinde leges, non solum quae 
 regni suspicione Consulem absolverent, sed quae adeo in contrarium 
 verterent, ut popularem etiam facerent, (inde cognomen factum 
 Publicolae est,) ante omnes de provocatione adversus magistratus 
 ad populum (cf. 1, 26), sacrandoque cum bonis capite ejus, qui 
 regni occupandi consilia iniisset. 6) See Hein. App. 27 ; Schulze 
 Volksverss. d. Romer, p. 82. 7) See Dionys. 5, 19, p. 292 ; 
 Liv. 1. c. and 3, 55 : " Ne quis ullum magistratum sine provoca- 
 tione crearet, qui creasset, eum jus fasque esset occidi ; neve ea 
 caedes capitalis noxse haberetur." Cf. id. 10, 9, andPlut. Publ. 11. 
 8) Liv. 3, 55. 9) Id. 10, 9. 10) Liv. 10, 9 : " Causam re- 
 novandae 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 poena, si quis verberasset 
 necassetve civem Romanum, sanxit. Valeria rex, quum eum, qui 
 
sect. 72.] ROMAN ANTIQUITIES. 77 
 
 provocasset, virgis caedi securique necari vetuisset, si quis adversus 
 ea fecisset, nihil ultra, quam improbe factum, adjecit." 11) See 
 Hein. App. 27. 12) B. C. 47. Cf. Cic. Cat. 1, 11, 4, 5 ; p. 
 Rab. 44; Ver. 5, 63. 13) Cf. Cic. p. Dome- 17. 14) Cf. 
 Schulze p. 86. 15) See Liv. 3, 55. 16) Cf. Cic. de Legg. 
 3, 19; p. Sextio 13, 34. 17) Cf. Cic. p. Rab. perd. 4. See 
 Beauf. v. 1. p. 123. 
 
 72. The above holds good of the liberty of the citi- 
 zens, as guaranteed by law generally. With respect 
 to debtors, and the checks placed on the severity of 
 creditors, the following particulars are to be noted 1 . 
 An ancient custom, which, according to Dionysius 
 (iv, 9), had been modified by Servius Tullius, was re- 
 vived by one of the laws of the XII Tables, preserved 2 
 in Gellius xx. 1, whereby it was enacted, that a 
 debtor, whose debt had been legally declared a just 
 debt, unless he either discharged it within a set time 3 , 
 or found good security for its payment 4 , was made over 
 (addictus) to his creditor, who, if he pleased, thereupon 
 conveying him to his house, kept him bound (nexus) in 
 thongs or fetters, employing him in any servile work ; 
 the condemned debtor being maintained meanwhile at 
 his own cost, if he pleased, or else at that of his cre- 
 ditor. The latter was, however, obliged to bring him 
 into the comitium on three successive market-days, that 
 there might be the chance of his release by some com- 
 passionate person. If, after the lapse of sixty days, 
 the debt remained unpaid, such persons being brought 
 forward for the third time, according to Gellius on the 
 third market-day, lost citizenship, or were sent for sale 
 beyond the Tiber 6 ; if there were several creditors, they 
 were allowed to divide him, secare partes 7 . Whether 
 the addicti were slaves, was, I perceive, a matter of 
 dispute among the ancients themselves ; Heineccius 
 shows that their condition differed widely from that of 
 slaves : there certainly are more reasons than one for 
 questioning that it was the same 8 . Such as were con- 
 
78 ROMAN ANTIQUITIES. [chap. i. 
 
 veyed across the Tiber, and sold, evidently became 
 slaves. 
 
 1) See Schulze p. 91. 2) See these in the third division of 
 the fragments of the XII Tables in 261. 3) See Hein. 3, 30, 
 4. 4) Cf. Dupont. Disquiss. in comment. Gaji p. 32. 5) Cf. 
 Cic. p. Flacco 19 and 20 ; de Orat. 2, 63. 6) Cf. August, de 
 Legg. c. 38 ; in Thes. Graev. v. 2. p. 298. 7) Lex. XII Tabb. : 
 "Tertiis nundinis partes secanto. Si plus minusve secuerint, se 
 fraude esto." In the law, as quoted by Gellius, the word supplied 
 is not corpus, but partes ; yet it may be made a question whether 
 partes meant portions of the debtor's body or of his goods. Hein- 
 eccius and others understand the latter : and indeed the other is 
 too atrocious to be credited ; whilst, as Heineccius remarks, a man's 
 property was sometimes called corpus ; and sectio, it is well known, 
 was a term of sale ; at all events, of sale by public auction. On the 
 other hand, one would conclude that the addictus could not be in 
 possession of any property, for if he were known to have any it 
 must have already been made over to his creditor ; for why should 
 the property be withheld, when the person was already surrendered? 
 Moreover, the ancients, and among them Caecilius, quoted by Gel- 
 lius 20, 1, plainly adopt the other sense. Quinctilian 3, 6, p. 180, 
 makes no question of it : his words are, " Sunt enim quaedam non 
 laudabilia natura, sed jure concessa, ut in XII Tabb. debitoris cor- 
 pus inter creditores dividi licuit, quam legem mos publicus repudi- 
 avit." The severity which might be used towards an addictus ap- 
 pears from Livy 2, 27, and still more from 8, 28, and it may not 
 seem incredible that those who had been already capitally con- 
 demned, might be literally cut to pieces. Still, one would conclude, 
 that although allowed, it was not practised. 8) See Hein. 3, 
 30, 2 ; Hugo 62; Sigon. de Ant. Jure civ. Rom. 1. 1. c. 6, and 
 the passage there quoted from Quint. 7, 3, p. 434, ed. Capper ; 
 Quint. 3, 6, p. 165, also says, " Quaestio, an is, quem, dum ad- 
 dicta est, mater peperit, servus sit natus." 
 
 73. The Lex Petillia Papiria, which modified the 
 extreme severity of the decemviral law, was occasioned 
 (A. U. C. 428) by the cruelty and lust of an usurer. 
 Livy, having narrated this occasion of it, adds, 8, 28, 
 that the consuls were directed to propose an enactment, 
 " that no one should be put in chains, or otherwise 
 bound, except for criminal offences ; and that only the 
 property, not the persons, of debtors, should be at the 
 mercy of their creditors." In which passage there is 
 considerable ambiguity as to whether Livy believed that 
 the creditor had till then been subject to bonds and 
 
sect. 73.] ROMAN ANTIQUITIES. 79 
 
 stripes only, or to being sold beyond the Tiber, and 
 liable even to be cut to pieces. He, however, is posi- 
 tive concerning the fact that the Lex Petillia Papiria 
 deprived creditors of the right of nexus, and of all 
 power over the debtor's person ; and that a sale of his 
 effects was substituted for the addictio, or assignment 
 of his person l . So far this law resembled the aeiaax- 
 Oeidy introduced by Solon at Athens, forbidding a cre- 
 ditor to seize the debtor's person 2 . It would appear, 
 however, that this law, by which Livy asserts that 
 credit was much shaken, did not long remain in force : 
 at all events, a passage in Sallust, Cat. 80, shows that 
 it was not in force in the later times of the Republic 3 ; 
 and we have the positive testimony of Gellius 4 , that, 
 under the Caesars, the debtors were both made over to 
 their creditors, and kept in bonds. Moreover, we find 
 that the debts of the plebeians were the chief cause of 
 their misery, and of all the civil turmoils which occurred 
 after the expulsion of the kings, and were one of the 
 greatest grievances of the latest ages of the Republic : 
 so that various methods of relief, as by novae tabulae 5 , 
 for instance, were devised, either of necessity or by 
 the interested views of those who aimed at revolution 6 . 
 Whether the measure denoted by the expression novae 
 tabulae was an abolition of the interest due on the debts, 
 or a cancelling of the whole or of a part of the principal, 
 I cannot say. How much that measure, whatever it may 
 have been, was dreaded by the creditors, is clear, as 
 from other passages, so from a place in Caesar, where 
 he tells of the services he rendered the debtors 7 . Sal- 
 lust informs us, that on one occasion copper was paid 
 instead of silver 8 . 
 
 I have now briefly stated the several measures suc- 
 cessively introduced for the protection of the liberty of 
 the citizen : however commonly they were eluded or 
 neglected, they yet had the effect of exalting and en- 
 
80 ROMAN ANTIQUITIES. [chap. i. 
 
 suring respect to the name of Roman citizen, as well at 
 Rome as in the remotest provinces of the empire, 
 when it had attained its greatest extent ; whence the 
 expression so well known from Cicero, Civis Romanus 
 sum 9 . Under the Caesars the privileges it implied 
 diminished daily, but did not become utterly extinct 
 until a very late period 10 . The laws for the protection 
 of the citizen were supported by the tribunitian power, 
 which first arose to check the caprice of the patrician 
 body, and afterwards proved the bulwark of the people 
 against the senate. 
 
 1) Varro de L. L. 6. p. 82 : " Liber, qui suas operas in servitute 
 pro pecunia, quam debeat, (dat ?) dum solveret, nexus vocatur, ut 
 ab aere obaeratus. Hoc C. Popilio rogante Sylla dictatore (cf. Bach. 
 Hist. Jurisprud. Rom. 2, 2, 20) sublatum ne fieret, et omnes, qui 
 bonam copiain jurarent, ne essent nexi, dissoluti." Cf. Tertull. 
 Apol. advers. Gent. 4. 2) Cf. Diod. Sic. 1, 79 ; Plut. Sol. 15. 
 3) " Neque cuiquam nostrum licuit more majorum lege uti, neque, 
 amisso patrimonio, corpus liberum habere." Cf. Varro 1. c. 4) 
 Is, 20, 1 : " Addici namque nunc et vinciri multos videmus ; quia 
 vinculorum poenam deterrimi homines contemnunt. Dissectum esse 
 antiquitus neminem equidem neque legi neque audivi." 5) For 
 the meaning of this expression, cf. Liv. 32, 38. 6) See Hein. 
 Synt. 3, 30, 6. 7) De B. C. 3, 1. Cf. Suet. Ca3S. 42 ; Cic. Cat. 
 2, 8 ; Phil. 6, 4 ; Veil. 2, 23 and 68 ; Sen. de Benef. 1, 4. 8) 
 Cat. 30. Cf. Veil. 2, 23 : " Flaccus turpissimae legis auctor, qui 
 creditoribus quadrantem solvi jusserat." 9) See Verr. 5, 54. 
 57. 62. 10) Cf. Paul. Act. 22, 24; Euseb. Hist. Eccles. 5, 1. 
 See Hein. App. 28 ; Roth, de Re Municip. p. 83. 
 
 75. Concerning the census, whether in the sense of 
 a right or of an institution, I shall speak at length else- 
 where, noting, for the present, only the following par- 
 ticulars. In conformity to a practice introduced by 
 Servius Tullius, the names of the citizens, their wives, 
 and their children, their condition of life and property, 
 including the number of their slaves 1 , were inserted in a 
 public register, which, as well as the custom, was called 
 the census. The particulars above mentioned were 
 declared on oath by the citizens themselves, before the 
 magistrate empowered to make the registration, or hold 
 
sect. 75.] ROMAN ANTIQUITIES. 81 
 
 the census. The division into classes and centuries 
 ( 144) depended on the amount of the property pos- 
 sessed. No one whose name was not registered was 
 considered to be a citizen. Whoever was excluded or 
 omitted (incensus) lost the rights of liberty, by ceasing 
 to be a citizen ( 52). The census used to be repeated 
 every fifth year, though sometimes 3 at longer intervals 
 ( 199). It appears from Livy that it was no difficult 
 matter to get registered on false pretences, and that 
 Latins who had fraudulently obtained insertion of their 
 names, were struck out by means of a scrutiny, and 
 compelled to return to their own cities 4 . One may 
 easily believe that, until the right of citizenship had 
 been extended to all Italy, only the inhabitants of Rome 
 itself were registered ; and as much may be gathered 
 from various testimonies of the ancient writers 5 . After- 
 wards registers used to be sent to Rome 6 , certainly 
 from the remoter cities, if not from those situated in 
 the ager Romanus itself; although the public formalities 
 of holding the census {census, or lustri, condendi, 
 145) were observed only within Rome. A distinction is 
 moreover to be made between the census lustralis of 
 the citizens, and that which was kept up after this was 
 neglected 7 ; another, again, differing from both of 
 these, was introduced for the purpose of securing the 
 collection of the tributes, and conducted by the Roman 
 knights, called properly provincialium censualis pro- 
 fessio, and sometimes simply census 8 ; it would almost 
 appear, that this was the only kind retained after the 
 enactment 9 made by Caracalla ( 66). Hence the offi- 
 cial names of censitores, ducenarii, scribce, chalcologi, 
 and others 10 , employed in collecting the taxes or tri- 
 butes as rated in the census. 
 
 1) From censere, i. e. numerare, sestimare ; whence census, mean- 
 ing income, revenue, or fortune ; as the census equester, census sena- 
 torius: and censor, meaning- appraiser, and thence called by the 
 
 G 
 
82 ROMAN ANTIQUITIES. [chap. i. 
 
 Greeks, n/i^nfe. 2) See Dionys. 4, 22 ; Li v. 1, 42, sqq. ; Gell. 
 16, 10; Hein. 1, 16, 1 ; Hegewisch Rom. Finanzen p. 50. 3) 
 Cf. Hein. App. 53. 4) 39, 3, 41, 8. 5) See Hein. App. 53 ; 
 Paul. Manut. de Civit. Rom., in Thes. Graev. v. 1. p. 59. 6) 
 Cf. Gell. 5, 19 ; Veil. 2, 15. 7) Cf. Plin. Ep. 10, 22. 8) Cf. 
 Tac. Ann. 1, 31 and 33 ; Beauf. v. 2. p. 127. 9) See Hein. 
 App. 53. 10) See Hein, ib. Cf. Hegew. p. 275, sqq. 
 
 76. The jus militice conferred the privilege of 
 serving in the legions ; from which, however, such as 
 were citizens by manumission were excluded, either by 
 law or by custom, and also the sixth class of genuine 
 citizens ( 144), who served by compulsion, in cases of 
 great emergency, and not of right 1 . Service in the 
 legions of the allies was less honourable, as was also 
 service in the legions of the classiarii, which were 
 made up of citizens of the lowest rank and allies ( 373). 
 Marius was the first who formed his legions of citizens 
 of all descriptions, indiscriminately enrolled 2 , the mili- 
 tary profession being in his time sunk from the high 
 reputation in which it had been held in earlier times ; 
 and very soon afterwards, the jus militia came to be 
 common to all citizens alike 3 , and to the allies, without 
 distinction. So that the Roman forces came to consist of 
 a medley of citizens and foreigners, from all parts of the 
 world 4 ; and, as the empire declined, consisted chiefly 
 of barbarians 5 , though slaves continued to be excluded 
 to the very last 6 . Of the tributes, and other branches 
 of the revenue, we shall treat in a separate chapter 
 ( 389) : some of these being paid by citizens, and 
 others by foreigners resident in the empire, and the 
 liabilities to them being different in the case of citizens 
 from those of foreigners, there is some reason for rec- 
 koning them among the rights of citizenship, although 
 some writers do not count them such. 
 
 1) Cf. Gell. 16, 10. 2) Cf. Sail. B. J. 82 ; Gell. 1. c. 3) 
 Cf. Herodianus 2, 2. 4) See Hein. App. 138. 5) Cf. Spanh. 
 Orb. Rom. 2, 21 ; Amm. Marc. 26, 1 ; Claud. Eutr. 1, 58 ; Zosi- 
 mus 4, 30, 31. 6) Cf. Plin. Ep. 10, 39. 
 
sect. 77-] ROMAN ANTIQUITIES. 83 
 
 77. By the jus suffragii Roman citizens participated 
 in the government of the state, voting in the comitia 
 ( 147) on all matters of which the people was cog- 
 nizant. This right was the most eminent of all, be- 
 longing exclusively to the most complete rank of citizen- 
 ship, and forming the distinctive privilege of the muni- 
 cipes ( 115). It was not essentially impaired even by 
 Sylla, although he dealt with the comitia for the time 
 according to his caprice ; and Caesar was the first who 
 trenched upon it, when, in his dictatorship, he took on 
 himself to appoint the consuls and other magistrates 1 . 
 Augustus restored the right of their appointment to 
 the people, but with some modifications ( 228). Ti- 
 berius transferred it to the senate 2 . It was restored, 
 for a very short period, to the people by Caligula 3 . 
 In the reign of Augustus, many laws were passed by 
 the comitia; in that of Tiberius, only two, viz. the Lex 
 Junia Norbana and the Lex Visellia; some few are 
 mentioned after the time of Tiberius, but it is very 
 doubtful whether they really were decrees of the 
 people, and not rather of the senate 4 . The jus hono- 
 rum, which is commonly reckoned next in importance 
 to the jus suffragii, is considered to have consisted 
 in eligibility to the offices of the priesthood and magi- 
 stracy, which will be spoken of severally in another 
 place. Nitschius has set down a third species, namely, 
 the possession of imperium, without any special office 
 ( 245) ; which, however, would seem rather imaginary. 
 Under the kings 5 , and for some time under the Re- 
 public, plebeians were excluded from both the priest- 
 hood and the magistracy ; and, as they were also ex- 
 cluded from the senate, it seems rather strange that 
 eligibility to that body should not be reckoned by 
 writers on antiquities as part of the jus honorum. After 
 the tribuneship and aedileship had been conceded to 
 the Plebeians, and as the rivalry of the two orders in- 
 
 g2 
 
84 ROMAN ANTIQUITIES. [chap. i. 
 
 creased, the offices of the magistracy, till then peculiar 
 to the Patricians, were all conceded to the plebs, except 
 however the office of interrex. They obtained the 
 consulship A. U. C. 387. The offices of the priesthood 
 were in like manner thrown open to them, still, how- 
 ever, with a few exceptions, such as those of the Rex 
 sacrorum and the Flamines majores 6 . Foreigners were 
 naturally excluded from the jus honorum, especially in 
 the times of the Republic. 
 
 1) See Suet. Caes. 41. 2) Tac. Ann. 1, 15 ; Dio Cass. 58, 20. 
 3) Suet. Cal. 16. Cf. Dio Cass. 59, 9. 4) See Bach. 1. 3. c. 1. 
 1 and 17 ; Hugo 299 and 300. Cf. Mackeldey 35. As 
 Bachius, in the passage referred to, denies that any leges, properly 
 so called, were passed after the time of Tiberius, so we may 
 reasonably conclude, that, under Augustus, the people did not 
 enjoy its ancient liberty entire in the comitia, which were still 
 allowed either for the election of magistrates, or for the enactment 
 of laws. The state of public matters at the time surely authorises 
 such a conclusion. (Cf. Dio Cass. 3, 3, 21.) It will not, however, 
 be correct to maintain with Schulz, von d. Volksversamml. d. 
 Romer, p. 173, that no laws at all were passed, or, as he speaks, 
 imposed, by the people under Augustus ; and I have here to ac- 
 knowledge that I was wrong in asserting, as I did in the former 
 editions of this work, that the comitia for enactment of laws were 
 abolished by that Emperor : such an assertion is incorrect, if it be 
 understood to mean that no laws were submitted to the people for 
 their sanction, and passed by them ; but if no more be understood 
 by it, than that the people were no longer free to sanction or refuse 
 them at their discretion, it will be found to be correct. 5) Cf. 
 Dionys. 2, 9. 6) See Hein. App. 66. 7) See Hein. ib. and 
 69. Cf. Tac. Ann. 11,24. 
 
 78. The jus sacrorum consisted in the participation 
 in the worship of the gods, and religious rites in ge- 
 neral. These were distinguished into sacra publica, 
 and sacra privata 1 : the former being such as were 
 celebrated in the name and at the charge of the state 2 , 
 and common to all citizens ; the latter were peculiar to 
 houses or families, and so would rather fall under the 
 head of private rights. Among the sacra publica, 
 writers on antiquities note the focus, for sacrifices in 
 the name of the whole state, which was in the charge 
 of the Vestal Virgins; the foci curiarum ( 132) in the 
 
sect. 79.] ROMAN ANTIQUITIES. 85 
 
 charge each of its own curio, and the foci pagorum, 
 situated in the ager Romanus, adjacent to the city, 
 having their peculiar priests, and serving for the cele- 
 bration of the paganalia 3 instituted by Servius Tullius 
 ( 143). As heathen rites lingered in the villages after 
 they had been extinguished by Christianity in the larger 
 towns, the remoteness or obscurity of the places afford- 
 ing the opportunity of their celebration with impunity, 
 the name pagan came ultimately to denote a heathen. 
 
 1) Cf. Liv. 5, 52. 2) Hein. App. 70 ; Fest. in publica : 
 " Publica sacra, quae publico sumtu pro populo fiunt, quaeque pro 
 montibus, pagis, curiis, sacellis ; at privata, quae pro singulis homi- 
 nibus, familiis, gentibus fiunt." 3) Cf. Varro de L. L. 5. p. 49. 
 
 79. With respect to the sacra privata it is certain 
 that the gentes ( 80), of which each curia ( 142) is 
 supposed, in the early times, to have comprised a cer- 
 tain number, had each certain sacred rites peculiar to 
 itself, and therefore called sacra gentilitia : these were 
 most scrupulously kept up \ so that many families are 
 stated to have maintained their own priests for the due 
 celebration of them 2 . A law of the XII Tables com- 
 manded that they should be observed forever 3 ; and 
 they were accordingly bequeathed as goods, passing to 
 a man's heirs and successors agreeably to the laws of 
 succession and inheritance ( 8) : hence the proverb, 
 hereditas sine sacris 4 . Among the sacra privata are 
 to be placed the lares ( 314), or household gods pos- 
 sessed by each citizen 5 . We learn from Livy 6 , that 
 the adoption of foreign religions, whether by com- 
 munities or individuals, was in the early times pro- 
 hibited by law, although persons migrating from the 
 municipia into Rome were allowed to retain their 
 national rites 7, as did also colonists from Rome. Yet 
 foreign rites were brought in, by sanction of the senate, 
 even before the corrupt age of the Republic ; as, for 
 instance, the worship of iEsculapius 8 , from Epidaurus, 
 
86 ROMAN ANTIQUITIES. [chap. i. 
 
 and that of Cybele from Phrygia 9 . About the fall of 
 the Republic, however, they were very commonly intro- 
 duced; and under the Caesars 10 several were adopted 
 from Egypt, as, for instance, the worship of Serapis, 
 Anubis, and especially of Isis ( 306) ; many observ- 
 ances were borrowed also from the Chaldaeans and 
 Jews ; and eventually all the superstitions of the whole 
 earth appear to have been concentrated in Rome 11 . 
 
 1) Cf. Liv. 5, 46 and 52 ; Macrob. Sat. 1, 16. 2) See Hein. 
 App. 70. 3) " Sacra privata perpetuo manento." See Hein. 1, 
 11, 1. 4) Plaut. Trin. 2, 4, 83 ; Capt. 4, 1, 8. 5) Hein. 1, 
 
 10, 4. 6) 4, 30 : " Datum inde negotium iEdilibus, ut animad- 
 
 verterent, ne qui, nisi Romani dii, neu quo alio more, quam patrio, 
 colerentur." Cf. idem 25, 1, 29, 16. 7) See Fest. in munici- 
 pal sacra. 8) Liv. 10, 47. 9) Liv. 29, 10 and 11. 10) 
 Cf. Dio Cass. 40, 47, 42, 26 ; Cat. 10, 26 ; Mart. 12, 29. 11) 
 See Hein. App. 70. 
 
 OF THE JURA PRIVATA. 
 
 80. The jus gentilitatis was enjoyed by virtue of 
 belonging to a gens ; those were considered gentiles, 
 i. e. to belong to the same gens, who bore the same 
 family name by virtue of descent, or adoption, or even 
 manumission 1 . In the earliest times this jus belonged 
 only to the nobler families, i. e. to those Patricians 
 whose common boast it was that they only had a gens 
 (gentem habere), and both the nature of the thing and 
 the testimony of the ancients prove this to have been 
 the fact 2 . In course of time, however, the plebs was 
 admitted to participate in this right as in others, al- 
 though the Patrician and the Plebeian gentes continued 
 to be broadly distinct. Adopted persons participated 
 in it as being placed on a par with lineal descendants; 
 freedmen, inasmuch as they assumed their patron's 
 name ( 62); but these did not enjoy it in an equal de- 
 
sect. 81.] ROMAN ANTIQUITIES. 87 
 
 gree with the free born 3 . Persons of the same gens, 
 being kindred on the male side, were called agnati; 
 those who were kindred on the female side, cognati: 
 but what the exact distinctions consequent on this dif- 
 ference of descent were, is still a very obscure point ; 
 notwithstanding the attempts to elucidate it made by 
 Minguet 4 after Holt and others. Neither is it satisfac- 
 torily cleared up by those who would say with Heinec- 
 cius, that the agnati were kinsmen, not only of the 
 same gens, but of the same family. It is inferred from 
 a passage in Cicero (Top. 6), that none could claim to 
 be gentiles but those who were descended from free 
 born persons, and had not incurred any capital penalty, 
 i. e. any penalty affecting their citizenship. 
 
 1) Fest. : " Gentilis dicitur et ex eodem genere ortus, et is, qui 
 simili nomine adpellatur ; ut ait Cincius : gentiles mihi sunt, qui 
 meo nomine adpellantur :" cf. Hugo 69. Heineccius 3, 2, 2, 
 gives a different statement. Cic. Top. 6 : " Gentiles sunt, qui inter 
 se eodem sunt nomine. Non est satis. Qui ab ingenuis oriundi 
 sunt. Ne id quidem satis. Quorum majorum nemo servitutem 
 serviit. Abest etiam nunc. Qui capite non sunt deminuti. Hoc 
 fortasse satis est ; nil enim video Scaevolam pontificem ad hanc de- 
 finitionem addidisse." 2) Liv. 10, 8 : " Semper ista audita sunt 
 eadem, penes vos auspicia esse, vos solos gentem habere, vos solos 
 justum imperium domi militiaeque." 3) Cf. Hugo 69. 4) 
 In his Dissert, de Hered. Legit. 
 
 81. Other rights possessed originally by the Patri- 
 cians, to the exclusion of the Plebeian body, although 
 connected with the jus gentilitatis, are not to be con- 
 founded with it 1 . Simple admission to citizenship en- 
 titled any one to Plebeian rights ; but those of the Pa- 
 trician body, on the contrary, could not be obtained, 
 at least during the flourishing times of the Republic, 
 except by an express grant from the populus : after- 
 wards they were bestowed by the Emperors, or by the 
 Senate 2 . A Patrician might pass by adoption from his 
 own to a Plebeian gens, but there are good grounds for 
 doubting whether the reverse might take place, or, at 
 
88 ROMAN ANTIQUITIES. [chap. i. 
 
 least, whether such as were adopted from a Plebeian 
 into a Patrician gens, gained equally the jus gentilitatis 
 by the mere circumstance of their adoption 3 . Patricians 
 sometimes descended to a Plebeian gens* for the sake 
 of obtaining the tribuneship ( 206), as happened in the 
 cases of Clodius and Dolabella. It is gathered from 
 Suetonius 5 , that adoption was to take place in the 
 comitia curiata. By a law of the XII Tables 6 it was 
 enacted, that the sacra privata and the goods of per- 
 sons dying intestate, and without immediate heirs at 
 law ( 106), should pass to the nearest agnatus, in 
 regular descent {jus agnationis), but if there were no 
 agnatus, to the gentiles, to the exclusion of the cog- 
 tiati 7 . Hence the hereditates gentilitice, mentioned in 
 Suetonius 8 . This jus gentilitatis lasted to the latest 
 times of the Republic 9 , but had become obsolete in 
 those of Ulpian 10 . The jus agnationis comprised the 
 right to the guardianship of agnati ( 112), besides the 
 peculiar privilege of inheritance just now mentioned. 
 
 1) Cf. Hein. App. 32. But I question whether he be right 
 herein. 2) Cf. idem ib. 3) Cf. Hein. 1, 11, 11; Cic. de 
 Orat. 1, 38, 39 ; p. Domo 14 ; Manut. de Legg. Rom., in Thes. 
 Graev. 2. p. 44 ; Sigon. de Nominibus Roman., ib. p. 992. 4) 
 See Cic. p. Domo 13 ; Suet. Tib. 2 ; Dio Cass. 37, 51 ; Hein. 1, 
 11, 3. 5) Aug. 65. Cf. Gruch. de Comit. in Thes. Graev. v. 1. 
 p. 805 ; Sigon. de Ant. Jure Civ. Rom. ib. p. 127. 6) See Hein. 
 3, 2, 7. 7) Ulp. Fragmm. 26, 1 : " cautum est lege XII 
 Tabb. Ast si intestatus moritur, cui suus heres nee escit, agnatus 
 proximus familiam habeto." In which, as in most parts of the XII 
 Tables, there is a great variety of readings. 8) Cass. 41. 9) 
 Cf. Cic. de Orat. 1, 38, 39 ; Suet. 1. c. 10) See Hein. 3, 2, 7. 
 Cf. Hugo 69. 
 
 82. The several kinds of connubium or marriage be- 
 tween Roman citizens, with the rites peculiar to each 
 kind, and the distinct privileges attached to each, will 
 be stated under the head of domestic institutions 
 ( 476) ; for the present, I remark only what follows. 
 Connubium could exist neither between slaves 1 , nor 
 between a slave and a free person, nor, except by legal 
 
sect. 83.] ROMAN ANTIQUITIES. 89 
 
 dispensation 2 , between a foreigner and a citizen. 
 During the Republic, the populus gave this dispensa- 
 tion, afterwards the Emperors 4 . It appears from a 
 passage of Livy 5 , that, even before the enactment of 
 the XII Tables, connubium could not take place be- 
 tween a free born man and a freedwoman ; but the Lex 
 Papia Poppcea allowed it by dispensation 6 , except in 
 the case of senators and freedwomen, actresses, or 
 other females of low rank and character, for whom it 
 allowed none 7 . An ancient custom or law 8 , which 
 forbad connubium between Patricians and Plebeians, 
 was maintained by the XII Tables 9 , but was before 
 long abolished by the Lex Canuleia 10 (A. U. C. 309). 
 Many are of opinion that connubium was confined to 
 parties of the same gens, which seems probable 11 , from 
 the expressions " e patribus enubere " and " gentis 
 enuptio 12 ." Marriages not comprised under the con- 
 nubium were called concubitus, contubernii commercium, 
 or concubinatus 13 . 
 
 1) See Hein. App. 34. 2) See Liv. 38, 36. Cf. 43, 3. 3) 
 Boeth. in Cic. Top. 4 : " Connubium est matrimonium inter cives : 
 inter civem autem et peregrinae conditionis hominem aut servilis 
 non est connubium, sed contubernium." Sen. de Benef. 4, 35 : 
 " Promisi tibi filiam in matrimonium, postea peregrinus apparuisti : 
 non est mihi cum extraneo connubium. Eadem lex me defendit, 
 quae vetat." Caj. 1, 67 : "Si civis Romanus Latinam aut peregri- 
 nam uxorem duxerit per ignorantiam, cum earn civem Romanam 
 esse crederet, et filium procreaverit, hie non est in potestate, quia 
 ne quidem civis Romanus est, sed aut Latinus aut peregrinus, id 
 est, ejus conditionis, cujus et mater fuerit, quia non aliter Alius ad 
 patris conditionem accedit, quam si inter patrem et matrem ejus 
 connubium sit." 4) Cf. Liv. 1. c. ; Spanh. Orb. Rom. 2, 22 ; 
 Hein. 1, 10, 16. 5) 39, 19. 6) See Hein. App. 36. 7) lb. 
 35. Cf. 36, and Mack. 229. 8) Cf. Cic. de Rep. 2, 37. 9) 
 " Patribus cum plebe connubi jus nee esto." 10) See Liv. 4, 6. 
 11) Cf. Hugo 83; Liv. 39, 19. 12) Liv. ib. and 10, 23. 
 13) See the passage of Boethius just quoted in 82, and cf. Ulp. 
 Fragmm. 10, 3 : " Neque peregrinus civem Romanam, neque civis 
 Romanus peregrinam in potestate habere potest." 
 
 83. The jus patrium, or patria potestas, was the 
 power which a father (not a mother) possessed over his 
 
90 ROMAN ANTIQUITIES. [chap. i. 
 
 children, whether born in lawful wedlock, connubium, 
 or adopted, extending also to all the offspring of such 
 children. Children born out of lawful wedlock, extra 
 connubium, who were called spurii, were subjected to 
 this power by the process of legitimation which, it is 
 said, was not devised till the time of Constantine 1 . A 
 daughter on her marriage, passed, together with the 
 children she might have, into the power of her husband, 
 or of the person in whose power her husband himself 
 was. The patria potestas was very much the same 
 over children with the power of a master over his 
 slaves 2 ; so that a father might not only sell his chil- 
 dren, but even put them to death. This power of life 
 and death was given to the father by a law ascribed to 
 Romulus 3 , and adopted into the XII Tables, by which 
 it was allowed him to expose 5 his children as soon as 
 born, with, however, certain exceptions. Numerous 
 passages of ancient writers show how common the 
 practice of exposing them was in the times of the Re- 
 public and under the Caesars 6 . If the father intended 
 that the child should be preserved and reared, he him- 
 self, or, in his absence, some one deputed to act for 
 him, used to take it up from the ground, on which it 
 was laid as soon as born, and place it in his bosom 7 ; 
 from which custom came the common acceptation of 
 the words toller e and sublatus, the former used of the 
 lather, the latter of the child 8 . 
 
 1) See Hein. I, 10, 23. 2) See Hein. I, 9, 1. 3) See 
 Dionys. 2, 15. Cf. Dirksen Kritik und Ausleg. d. Quellen d. 10m. 
 Rechts. pag. 303. 4) Cf. Cic. de Legg. 3, 8. 5) See Hein. 
 1, 9, 5. 6) Cf. Ter. Andr. 3, 1 ; Heaut. 4, 1 ; Suet. Aug. 65 : 
 " Ex nepte Julia post damnationem editum infantem agnosci alique 
 vetuit." 7) Stat. Sylv. 5, 5 : " Infantem linguaque simul salibus- 
 que proterrum dilexi ; meus ille, meus, tellure cadentem excepi, 
 atque unctum genitali carmine fovi." 8) Cf. Juven. 9, 84 ; Hor. 
 Sat. 2, 5, 45 ; Tac. Agric. 6. 
 
 84. It is certain that a father might sell his children, 
 imprison, scourge, or punish them in any manner, how- 
 
sect. 85.] ROMAN ANTIQUITIES. 91 
 
 ever atrocious, even after they were grown up. Whe- 
 ther, however, he might put them to death at his own 
 mere caprice, without proof of their guilt, or whether 
 he might alone decide of this, has been, questioned ; but 
 it would seem, from certain instances on record, that he 
 might do either 1 . For although the father generally 
 on such occasions took the advice of his kinsmen 2 , as 
 natural justice and affection would seem of themselves 
 to require, it will not therefore follow that he had not, 
 legally, sole and absolute power of punishing them at 
 his discretion. The cases alluded to show abundantly 
 that this power of life and death remained with the 
 father even for a long period under the Caesars. Hein- 
 eccius, 1, 9, 8, says it was first placed under restric- 
 tions by Trajan, who emancipated the son of a very 
 cruel father. Afterwards we find it to have been cus- 
 tomary for the parent to bring his child before the 
 magistrates for any serious act of delinquency, the 
 punishment being inflicted by them, though fixed by 
 him; at the same time fathers were deprived of the 
 power of renouncing obstinately disobedient children 3 . 
 The power of life and death was thus gradually dimi- 
 nished, until it was utterly abolished by Constantine 
 the Great, and was finally transferred entirely to the 
 civil magistrate by an enactment of Valentinian 4 . 
 
 1) See 89, and Gell. 5, 19 ; Cic. p. Domo 29 ; Liv. 2, 41 ; 
 Dionys. 8, 79 ; Sen. de Clem. 1, 15: " Erixonem, Equitem Ro- 
 manum, memoria nostra, quia filium suum flagellis occiderat, popu- 
 lus in Foro graphiis confodit. Vix ilium Augusti Ceesaris autoritas 
 infestis tam patrum quam filiorum manibus eripuit." Cf. Sail. Cat. 
 11: " Pro certo creditur, necato filio, vacuam domum scelestis 
 nuptiis fecisse." 2) A remarkable instance is furnished by 
 
 Seneca, 1. c. 3) See 1. 6. Cod. de Patr. Pot. Cf. Paul. Sent. 
 Recept. 2, 24, with Schulting's note. 4) See Hein. 1, 9, 8. 
 
 85. As regards the possession of property, it is cer- 
 tain that children whilst in their father's power, could 
 not acquire for themselves, but for their father ; being 
 
\)>2 ROMAN ANTIQUITIES. [chap. r. 
 
 <on ;i<lcrc<l, like slaves, part and parcel of his goods 1 , 
 
 thai, they ini"lil In- disposed of by him, like sl.ivcs or 
 cattle". Under Juliui Cfesar, however, sons were first 
 
 allowed to hold as their own' 1 whatever they bad earned 
 or obtained In military service, whether pay, or booty, 
 
 or reward ; ;md such properly was thence named 
 pcculiuw custrense*. Afterwards, whatever had been 
 
 hot! 'ably earned in ;my other prole, ion was allowed 
 
 them, under the same title'; ( 'onstanl ine I he (ire.it 
 fnrth< rmore decreed that a hither should have merely 
 the interest of his wile's property, the principal re- 
 mainin;', entailed on her olIspiing*j in course of time 
 farther restrictions were imposed on him, and even bis 
 power to disinherit was confined within very narrow 
 hounds'. 
 
 1) Dlonyi. 8. 79i 'Ptai/iatoic y4p oiBkv X&i&v kcri *cr///< 
 
 .<> ira ' ,"'" XX4i teal t& w"'//""" ital rA &&par a r&v wal8w 
 
 taAXovi ......... .-,.. i .... uxif.xxir ,i .:,:,, ,n. (T. Sen. <i< Benefi 
 
 ,. I. An. DifMrtt. Epld .'. 10, Set 1 1. ,.. ". n, I . J ) Set 
 
 Ulp, [natttt. de Nox. /lot. i Htin. 1,9, 10. B) <t. CaJ. 0, 108. 
 i) Of. CJlp. I. i. pr, dt Ttst. Mil.. and Juveii. Set, 1 8,59, tqq, 
 . Set Metai 9, !, 'J. Of. Meokeldey Lehrb. <i< i s heut rtfm. 
 
 IUM'lll.M'l02. I.) L. I.Co.l.dr linn. Mat. 7) Sec llr, .,.!.'>, III 
 
 <S(>. With respect to the ri-;hl of sale which a father 
 possessed over his children, these were in a worse posi- 
 tion than even slaves, in that I hey were released from 
 his power only after a thrice repeated act of sale. 
 
 1 leineccius' thinks that I his riht was abolished by 
 
 Diooletlan; but Conitahtine 10 far restored it ai to 
 
 allow parent! who were very poor tO sell their infants 
 
 instantly on their birth, though he shortly afterwards 
 
 provided I h.M (here should he no absolute necessity 
 
 of their 10 doing, by allowing then public relief. The 
 
 palria i>otcst<ts, otherwise lasting with life, ceased on the 
 
 civil death ( 68) of either party, and accordingly when- 
 ever either was in captivity. Moreover, a Vestal Virgin 
 
 and the Fhmen Dialit were exempt from it by virtue 
 
nk.'t. H7. | KOMAIM ANT1QIIITIKS. 08 
 
 of their ofliee, even without emancipation; nml so were 
 .il i, under I In* ('.i .II , | i mi. who were raised to 
 other di;;iiilie , as In the /-/// n'mlr for instance '. Il i 
 also infei i <(l , from Livy ii. II, that .i magistrate wun 
 released from il.so long as he held hi.; ofliee. I inally, 
 ( In* jxilria polrslns night 'i"<l al I In- will of itH pos 
 seilor, by his < 1 1 1 . 1 1 n 1 1 . 1 1 i 1 1 ;jj hi H H0II| m . | )v i\ w adoption 
 ol ' \Ur latter by another person, into whose power In 
 then passed. We will now proceed to < \ plain tin . 
 two customs. 
 
 I ) M. in I. . ' '> S... ||, tin I I - . |, UI ] Haat. Karapt.li, 
 
 Patti ii. ba 'ii'" oaptui ill-.- mil ti.i t t nil... in pottiUta." 
 
 :t) S,,. I loin. I, I si, II, h<|. 
 
 87. KmaiH ip;iiinn, | emaneipOfi,) which was tho C0- 
 rcniony by which children were released from tho 
 power ol* their father, and became independent citizens, 
 was 80 Called from the proceeding being the same with 
 those used originally a I the sale of any property whal 
 \. i /. . mttnrtpt), which was called main ijailia. The 
 following account of il is abridged from I leineccius '. 
 In (Ik c.ise ol' the .-.ale of a son by his father, (which 
 instance will serve lor all audi cases of sale,) the father 
 appearing with him before an acting magistrate, at 
 tended by live Koman citizens of lull age, and two 
 other persons, the one called lihripciis and the othei 
 (iiilcslatiiH*, used to sell the son to some other person 
 present, who was called I be jiahr f'ulitt nil i //.v, because 
 the child was committed to bis trust and good failh. 
 I leineccius well observes that this party was not one 
 and I he same with the anlcslalus. The father, making 
 over (mancipan*) bin son to this person, said " mam'ipn 
 libi luinc Jilium, </iu una: , ./ The other replied, 
 " //true <#<> huini unit r.r jure (luiriliuw nicuiu esse aio, 
 
 uquc mthi cmtuH est hoc are hac aneaque U bra" and 
 so suying, struck the balance held by the lib ripens with 
 
 the coin called .1 steffluS, lllld gUVC the same to lie 
 
94 ROMAN ANTIQUITIES. [chap. i. 
 
 father as the price of his son. The latter he had no 
 sooner thus purchased, than he manumitted him by the 
 vindicta 3 . But since it was considered that the son was 
 not released from his father's power, until he had been 
 thrice emancipated by him 4 , it was requisite that he 
 should be again emancipated by his parent, on the 
 same or on another day, and before the same or other 
 witnesses 5 , and being thereupon again manumitted by 
 the pater Jiduciarius, he was a third time emancipated 
 by his father. Being now wholly released from the con- 
 trol of the latter, if his pater Jiduciarius should have 
 manumitted him, he would have become his patron 
 ( 64) ; to obviate which, the father, when he emanci- 
 pated him for the third time, used to declare to the 
 pater Jiduciarius that he did it on condition of his man- 
 cipating him back again 6 . Which being accord- 
 ingly done, the father, manumitting him by the vindicta 
 as though he had been a slave, retained from thence- 
 forth the rights of patronship over him. It might, 
 however, for various reasons, so happen, that, after the 
 third emancipation by the father, the pater Jiduciarius 
 did not emancipate him back again, but himself manu- 
 mitted him 7 , and this whether in the case of sons or 
 daughters. Daughters and grandchildren were re- 
 leased from their father's control by a single act of 
 emancipation ; but these were also again emancipated 
 by him to the father or grandfather, who thereupon 
 manumitted them. In the case of grandchildren, the 
 grandfather's act of emancipation did not involve that 
 of his son, nor, vice versa, did the emancipation of 
 children by their father involve that of their grand- 
 father 8 . Although the rite of emancipation, like other 
 old formularies and solemnities in use during the times of 
 the Republic, became unsuited to the laws and customs 
 of later times, it was not abolished till the reign of 
 Anastasius, who required merely a rescript or certificate 
 
sect. 88.] ROMAN ANTIQUITIES. 95 
 
 of emancipation from the emperor to be presented to 
 the magistrate 9 . Justinian still further simplified the 
 process, by ordering that the father should, before a 
 magistrate, in the presence and with the assent of his 
 son 10 , say the words, u Htinc sui juris esse patior, 
 meaque manumitto 11 " The rite, although thus changed, 
 retained the original name of emancipation. 
 
 1) Hein. 1, 12, 6, sqq. 2) Cf. Prise, ed. Putsch., p.. 726 ; 
 
 idem, p. 729 : " Impubes libripens esse non potest, neque antestari." 
 3) Cf. Hugo 76. p. 94 and 95. 4) XII Tabb. : " Si pater 
 filium ter venum davit, filius a patre liber esto." See Ulp. Fragm. 
 10 ; Caj. 1, 132 ; idem 135 : " Qui ex filio semel iterumve manci- 
 pato conceptus est, licet post tertiam mancipationem patris sui nas- 
 catur, tamen in avi potestate est, et ideo ab eo et emancipari et in 
 adoptionem dari potest," etc. 5) See Paul. Recept. Sent. 2, 
 25, 2. 6) See Hein. 1, 12, 9, where the formula may be seen. 
 Cf. Cic. de Off. 3, 15 ; ad Fam. 7, 12. 7) Cf. Caj. Institt. Epit. 
 1,6. 8) See Caj. Digest. 1, 7, 28 ; idem Institt. 1, 133. 9) 
 See 1. 5. C. de Emanc. Lib. ; Hein. 1, 12, 12. 10) Paul. Sent. 
 Recept. 2, 25, 5 : " Filius emancipari invitus non cogitur ;" i. e. 
 unless it were an infant. Cf. Mackeldey 261. 11) See 1. ult. 
 C. de Emanc. Lib. ; Hein. 1, 12, 13. 
 
 88. It remains for us to speak of adoption, by which 
 Roman citizens legally took the children of others to 
 be as their own 1 . It is probable that this custom ex- 
 isted from the very infancy of Rome, certainly it 
 was known before the enactment of the XII Tables. 
 Hugo 2 doubts whether it were, however, of common oc- 
 currence at that period, but that it subsequently became 
 most common is quite certain. The reason commonly 
 assigned, both for its first institution, and for its subse- 
 quent frequency, was the preservation of the sacra 
 gentilitia ( 79), although it is said 3 , that even these 
 were at times got rid of by one of those legal fictions 
 so often resorted to for the removal of similar difficulties 
 ( 68). New motives were afterwards furnished by the 
 penalties attached to childlessness, and the rewards 
 offered to such as had a numerous progeny : both 
 these were legally enacted by the Lex Julia and Papia 
 
96 ROMAN ANTIQUITIES. [chap. i. 
 
 Poppcea ( 391), although the practice of bestowing 
 rewards on citizens who had large families arose in the 
 free ages of the Republic 4 . Many obtained these re- 
 wards fraudulently, by adopting the children of others 5 
 for the purpose, whence" we hear in Tacitus, xv. 19, of 
 a decree of the senate, that no feigned adoption, or 
 adoption made for an interested purpose, should hold 
 good in public matters. The wish to obtain the tri- 
 buneship is also mentioned as one reason for the pre- 
 valence of the practice ( 81). 
 
 1) See Gell. 5, 19. 2) Hugo 72. 3) See Hein. 1, 11, 1. 
 4) See Hein. 1, 11, 2. Cf. August, de Legg., in Thes. Graev. v. 2. 
 p. 227. 5) Hein. 1. c. 
 
 89. There were three kinds of adoption, differing in 
 the method of practising them, and in their effect at 
 law. The adoption of a minor, or person not of power 
 to act for himself, was termed simply, adoptio ; that of 
 a person legally entitled to act for himself, arrogatio ; 
 and to these adoptions between parties both living, 
 inter vivos, was opposed the third species, viz. by will, 
 adoptio per testamentum. In the case of a minor, he 
 was thrice made over, mancipatus, by his father 1 , with 
 the observances usual in emancipating, and was twice 
 discharged from the obligation by the person intending 
 to adopt him ; and after the third act of alienation on 
 the part of his natural father, was by him reclaimed, 
 and then finally delivered over by him to the party 
 adopting him, who claimed and asserted his right be- 
 fore the praetor 2 . In the case of a daughter or nephew, 
 one act of alienation on the part of the natural father 
 only was required, without any discharge (manumissio) 
 on the part of the person adopting, though the remain- 
 ing ceremonies were the same as in the case of a son. 
 When the rite of emancipation was not requisite, the 
 following simple method of adoption was practised in 
 the case of a person entitled to act for himself: during 
 
sect. 89.] ROMAN ANTIQUITIES. 97 
 
 of the city, after that the people, the person adopting, 
 and the person to be adopted, had been severally asked 
 if they were willing the adoption should take place, 
 and the act being sanctioned by the authority of the 
 Pontifex Maximus, it took place 3 ; from the custom of 
 asking the people and the parties, comes the term arro- 
 gatio : a vestige of the ancient customs on these 
 occasions was long kept up even under the Caesars 4 , 
 though often altogether neglected ; at length, the very 
 mention of the people's will being suppressed, the 
 sanction of the emperor only was requisite, and the 
 forms were disused, and, by an edict of Justinian, for- 
 bidden 5 . Gellius has preserved, V. 19, a remarkable 
 form of arrogatio 6 . The pontifex is there stated to 
 have inquired into the causes of the adoption, whether 
 they were honourable and lawful, and to have taken 
 care to provide that any private sacrifices of the house, 
 gens, to which the persons about to be adopted 
 belonged, should not be suffered to cease, and, more- 
 over, that no religious duties should be violated by the 
 act 7 : he also bound by oath the party to observe and 
 perform the sacred rites peculiar to the house into 
 which he was to be adopted ; to which custom it seems 
 must be referred the public detestatio, of such rites, 
 made in the comitia, which Gellius mentions 8 . How- 
 ever, we need not suppose that the consent of every single 
 citizen was asked, even when Rome was small; but that 
 it was declared by the lictors, who were assembled in 
 lieu of the curiae, after that the privilege of sanctioning 
 the adoption had been taken from the comitia Curiata 
 ( 154). . 
 
 1) Suet. Aug. 64 : " Caium et Lucium adoptavit domi, per assem 
 et libram emptos a patre Agrippa." See Hein. 1, 11, 15. 2) Caius 
 1, 134, says that they were either reinstated under their father's 
 authority, or else became fully emancipated, jure mancipati, but 
 the loss of a part of the MS. prevents our learning from this author 
 how those who were jure mancipati were made over to the party 
 adopting them. Consult Gell. 5, 19, who says nothing at all con- 
 
 H 
 
98 ROMAN ANTIQUITIES. [chap. i. 
 
 cerning r emancipation because, I suppose, it was superfluous to 
 mention it ; he is obscure even on the other particulars. Hugo 
 72, suspects that a mere act of mancipation (mancipatio) or re- 
 nunciation of rights, cessio injure, sufficed. 3) See Caj. 1, 98, 
 
 99 (cf. Dirksen Versuche p. 220); Tac. Hist. 1, 15 ; Suet. Aug. 
 65: "Tertium nepotem Agrippam simulque privignum Tiberium 
 adoptavit in foro lege curiata." Hence Caius (1, $ 98) remarks that 
 even adoption took place, " aut populi auctoritate aut imperio 
 magistratus ;" but in Pandd. I. 7, 2, " Principis auctoritas" is sub- 
 stituted. Cf. Schult. ad Ulp. Fragmm. 8, 2. 4) See Hein. 1, 11, 
 13. 5) See Hein. 1, 11, 17. 6) " Velitis, jubeatis, ut L. Va- 
 lerius L. Titio tam jure legeque Alius siet, quam si ex eo patre 
 matreque familias ejus natus esset, utique ei vitse necisque potestas 
 siet, ut pariendo filio est. Hoc ita, ut dixi, ita vos, Quirites, rogo." 
 Cf. Cic. p. Domo 29. 7) See Cic. ib. 12 and 13. 8) Gell. 
 15, 27. Cf. 6, 12. 
 
 90. If we consider the peculiar effect of adoption, 
 namely, its conferring the lawful rights of sons on the 
 adopted, we shall conclude that the word has not been 
 correctly applied in the term adoptio per testamentum. 
 By it a person succeeded to a portion, at least, of the 
 property of the deceased person so adopting him 1 , on 
 condition of his assuming his name ; and some have 
 supposed that the motive for introducing this species of 
 adoption was, the desire of continuing the name. It 
 certainly was an early practice among the Romans to ap- 
 point an inheritor to the family name, and we find heirs 
 appointed under this condition by women who were by 
 law excluded from adopting 2 ; but I doubt whether 
 those adopted under this condition were by law bound 
 to bear the name 3 ; and it is evident that persons 
 adopted by will were not admitted by law to the same 
 rights as sons, from several circumstances, particularly 
 from our finding that this adoption was sometimes 
 strengthened by an act of arrogatio*, as Heineccius 
 remarks, in order that by the consent of the people 
 they might be entitled to enjoy what they could not 
 claim by virtue of such an adoption. 
 
 1) Cf. Hugo 195. 2) See Hein. 1,11, 18. 3) See Hein. ib. 
 Cf. Suet. Tib. 6. Hugo 195. 4) Cf. App. B. C. 3, 14 and 94 ; 
 Suet. Tib. 15; Hugo 195. 
 
sect. 92.] ROMAN ANTIQUITIES. 99 
 
 91. It is well ascertained that they who were adopted 
 by the rite of mancipatio, and by arrogatio, were 
 considered by the law as sons, and were admitted to 
 bear the name, to form members of the family and 
 house, gens, of their adoptive fathers, and to partici- 
 pate in their sacred things ; but the practice of assuming 
 the name was of a complicated nature. Some bore it 
 with the addition of a cognomen, as Octavius Caesar, 
 who took that of Augustus ; others, with the addition 
 of the name of the house into which they were adopted, 
 as Cornelius Scipio, who bore that of iEmilianus 1 ; and 
 others again used and were called by their own or by 
 their adoptive name indifferently 2 . Concerning their 
 becoming members of the gens (vid. 81. 131.) into 
 which they were adopted, there are many difficulties, 
 on many accounts, both as regards patricians adopted 
 by plebeians, and plebeians by patricians : this, at least, 
 seems certain, that any one emancipated by his adoptive 
 father, was restored to his own original house 3 . In 
 either kind of adoption, however, the person adopted 
 could be transferred to a new house 4 , i. e. the house of 
 his adopter. One peculiarity in adoption by arrogatio 
 was, that even those who were under the authority of the 
 person so adopted, became subject to the authority of 
 the adopter, together with the adopted 5 ; but the chil- 
 dren of a person adopted when a minor, very seldom 
 partook of the obligations and privileges of their father's 
 adoption, as Hugo remarks. Justinian altered the law 
 and practice of adoption, granting paternal authority 
 over the adopted to none but to those who adopted 
 persons of inferior rank 6 . 
 
 1) Cf. Hugo 72. 2) See Hein. 1, 11, 19. 3) Cf. Caj. 2, 
 136-7. 4) See Caj. 1, 105. 5) Caj. 1, 107. 6) See Hein. 
 2, 11,20. 
 
 92. We select the following from many remarks 
 applying to those who could adopt or be adopted. 
 
 h2 
 
100 ROMAN ANTIQUITIES. [chap. i. 
 
 Women could not adopt except by will, since even 
 
 their own children were not under their authority. 
 
 Concerning those who either had or were likely to have 
 
 children, consult Gellius 1 . Heineccius informs us that 
 
 even those who had children were not excluded from 
 
 the right of adopting 2 , but could not obtain leave so to 
 
 do on trivial grounds ; and also that persons under the 
 
 age of sixty were not permitted to adopt by arrogatio 3 . 
 
 Caius abundantly proves that eunuchs might adopt 4 , 
 
 and that it was a question whether a younger person 
 
 could adopt an elder 5 . Neither wards nor women 
 
 could be adopted by arrogatio, nor the deaf and dumb, 
 
 who were forbidden even to adopt by such a method. 
 
 Persons not arrived at years of discretion, Caius says, 
 
 were sometimes adopted by arrogatio under certain 
 
 conditions in later times, formerly not at all 6 . On the 
 
 other hand, women, and persons of all ages, might be 
 
 adopted by an act of mancipation 
 
 1) Gell. 5, 19. 2) Hein. 1, 11, 8. 3) Cf. Suet. Aug. 64. 
 4) Caj. 1, 103. 5) lb. 1, 106. 6) lb. 1, 102. 
 
 93. The right by which Roman citizens acquired 
 and held property, was called dominium. This method 
 of holding property was peculiar to the Romans, and 
 was termed dominium e jure quiritium or quiritarium, 
 and was superior to, and better in law, than the right 
 by which foreigners and Roman citizens also could hold 
 property K The method of acquiring property, and the 
 nature of the property acquired, formed distinct con- 
 siderations in respect of this right of possession, jus 
 dominii. In the first place, property was either tan- 
 gible, such as goods, or intangible, such as certain pri- 
 vileges: and of tangible things, some were moveable, 
 such as ruta ccesa 2 in estates, meaning moveable struc- 
 tures or fittings (and sometimes whatever is dug out of 
 the ground or lopped off timber growing): others were 
 immoveable or fixtures, such as the soil itself, or what- 
 
sect. 93.] ROMAN ANTIQUITIES. 101 
 
 ever naturally or artificially adheres to it, or by law is 
 held to pertain to it. Caius 3 classes among intangible 
 things, inheritance, present use and profit, ususfructus, 
 obligations, and the conditions or privileges attached 
 to landed property 4 , servitutes vel jura prcediorum y 
 such as jus oneris ferendi, the obligation of allowing a 
 neighbour's house to rest against one's own ; tigni im- 
 mittendi, of allowing him to insert the extremities of his 
 rafters ; stilllcidii, of carrying off the rain-water, etc. 
 from one's own roof; jus luminum, the right of an un- 
 obstructed view, etc. ; cloacce, of constructing drains : 
 all which refer to property in town : the rights and 
 obligations attached to property in the country, such as 
 jus vies, the right of way, including^* itineris, the right 
 of a bridle-path, and jus actus, the right of a carriage- 
 way: jus aqueductuSy the right of constructing a water- 
 course through a neighbouring property 5 . Some things 
 also have been in later times termed fungibiles, being 
 such as could be mutually substituted for one another, 
 and exchanged by weight and measure 6 . 
 
 1) Caj. 2, 40 : " Sequitur, ut admoneamus, apud peregrinos qui- 
 dem unum esse dominium, ita, ut dominus quisque sit, aut dominus 
 non intelligatur. Quo jure etiam populus Romanus olim utebatur: 
 aut enim ex jure Quiritium unusquisque dominus erat, aut non intelli- 
 gebatur dominus. Sed postea divisionem accepit dominium, ut alius 
 possit esse ex jure Quiritium dominus, alius in bonis habere. Nam si 
 tibi rem mancipi neque mancipavero, neque in jure cessero, sed tan- 
 tum tradidero, in bonis quidem tuis ea res efficietur, ex jure Quiritium 
 vero mea permanebit, donee tu earn possidendo usucapias." Cf. Caj. 
 1, 54. 2) Cic. de Orat. 2, 55 : " Dicet, te, quum aedes venderes, 
 ne in rutis quidem et caesis solium tibi paternum recepisse." Cf. 
 idem Top. 26; Ulp. Pandd. 19, I, 17. 3) Cf. Cic. Top. 5. 
 4) Different opinions were long held as to the difference between 
 landed property in town, and the same in the country. (See Vinn. 
 ad Inst. 2, 3 ; Hem. 3, 3, 1.) The distinction between them arises 
 from two causes ; either from the consideration of the servitudes 
 to which property was subject, with respect to which, any building 
 wherever situated was termed prcedium urbanum ; and any pasture 
 land, arable land, or property having no buildings erected on it, 
 was termed prcedium rusticum ; the other distinction arose from 
 the use made of any property, according to which (cf. Ulp. Pandd. 
 50, 16, 198) any buildings, and even open ground, such as gardens, 
 
102 ROMAN ANTIQUITIES. [chap. i. 
 
 etc. were classed under the heads of prcedia urbana or rustica, 
 according to the uses to which they were put. Cf. Mackeldey, 344 ; 
 See Hein. 2, 3, 1. 5) See Hein. 3, 2, 2 and 9. 6) See 
 Miihlenbr. Doctr. Pandd. part, gener. 91 ; Cf. Fandd. 46, 5, 7. 
 
 94. Things were also distinguished into divine and 
 human 1 : things divine were subdivided into sacred 
 things, sacrce res, and religious things, religiosce ; and 
 such were called divine, and said to be divini juris, 
 because under the administration of the pontifex 2 . 
 Some things were also called holy, res sanctce, being 
 considered to be in a manner divine 3 . Sacred things, 
 res sacrce, were such as were dedicated to the gods 
 by public authority, as temples, altars, offerings 4 ; for 
 nothing could be made holy by private consecration 5 . 
 By the rite of exauguratio, a thing once holy ceased 
 to be so 6 . Caius states, religious things, res religiosce, 
 to have been those, quce diis manibus (D. M.) relictcz 7 ; 
 by which, I imagine, he means things bestowed on the 
 shades of the departed, and therefore the places ap- 
 propriated to interments and the tombs themselves 8 . 
 Any one rendered a spot on his own ground religious 
 by celebrating on it funeral rites of any member of his 
 family 9 : the ancients themselves are not unanimous in 
 deciding whether cenotaphs were religious things or 
 not 10 . Any one struck by lightning, and the place where 
 any one was so struck and buried, were considered 
 sacred or religious; it was customary to build a wall 
 round it, and offer an expiatory sacrifice of a sheep two 
 years old, bidens 11 , 
 
 1) See Caj. 2, 2. 2) See Hein. 2, 1, 3. 3) Caj. 2, $: 
 " Sanctae quoque res, velut muri et portae, quodammodo divini juris 
 sunt." 4) Institt. 2, 1, 8. Cf. Caj. 2, 4. 5) Cf. Liv. 1, 55. 
 6) Cf.ib. 7. 7) Caj. 2, 4. 8) Cf. Cic. de L. 2, 24. 9) Caj. 
 2, 6 : " Religiosum vero nostra voluntate facimus mortuura inferentes 
 in locum nostrum, si modo ejus mortui funus ad nos pertineat. 
 10) See Hein. 2, 1, 3. 11) Cf. Hor. A. P. 471 ; Pers. 2, 27. 
 
 95. Things divine, divini juris, being placed under 
 the power and in the possession of the gods, could not 
 
sect. 96.] ROMAN ANTIQUITIES. 103 
 
 become private property ] : nor could any of them be 
 sold, whence Heineccius 2 concludes that sepulchres 
 could not be bought or sold 3 ; and, without the per- 
 mission of the pontifex, buildings could not be con- 
 secrated to the Dii Manes, nor consecrated edifices be 
 restored when decayed : such buildings were also kept 
 free from profane uses 4 : wherefore places once appro- 
 priated to sepulture, could not be reclaimed for other 
 purposes ; but the right of burying a body in them 
 could be forfeited or transferred 5 . Holy things were 
 termed sanctce, from the fine or punishment, appointed 
 to be paid, sanctum a sancio, by him who polluted 
 them 6 : but some derive the word from sagmina, the 
 bundles of herbs carried by the ambassadors of the 
 Roman people 7 ; the exact distinction between res 
 sanctce, res sacrce, and res religiosce, is so little known, 
 that some say res sanctce were held to be both sacrce 
 and religiosce; others say they were reckoned to be 
 neither 8 ; and some suppose city gates to have been 
 considered as among res profance, while Caius 9 and 
 others reckon them, as well as the walls, holy, sanctce. 
 The intrenchment, vallum, round the camp was con- 
 sidered hallowed, sanctum; and we may safely class the 
 eagles of the legions and the busts of the emperors, 
 used as standards, either among the res sacrce or res 
 sanctce. (Cf. 367.) 
 
 1) Caj. 2, 9: "Quod autem divini juris est, id nullius in bonis 
 est," etc. 2) Hein.2, 1, 6. 3) Cf. Cic. 1. c. 4) Cf. Plin. 
 Ep. 10, 58. 59. 76. 5) See Hein. 2, 1, 6. 6) Cf. Fest. in sanc- 
 tum. 7) Marcianus Digg. 1, 8, 8: " Sanctum autem dictum est 
 a sagminibus. Sunt autem sagmina quaedam herbae, quas legati 
 populi Romani ferre solent, ne quis eos violaret." 8) Cf. Fest. in 
 sanctum et religiosum, Marc. Digg. i. 8, 8. 9) Cf. Digg 1, 8, 8 and 9. 
 
 96. Human things were by lawyers divided into 
 things belonging to no one in particular, and private 
 property. To the first class belonged, not merely such 
 things as by right are common to all men, such as the 
 
104 ROMAN ANTIQUITIES. [chap. i. 
 
 sea and the sea beach, but also things common to all 
 who were connected by the bond of citizenship, such 
 as the streets of towns, public market-places, baths, and 
 theatres. These latter things are by some termed 
 universal, as belonging to all and not to one individual 1 , 
 and things common to the whole human kind they 
 call common or public; while other writers term the 
 latter common, and the former public 2 . An inheritance, 
 or any thing bequeathed, was reckoned among the res 
 nullius, during the time granted to the heir for deter- 
 mining whether he would accept the legacy or not, called 
 tempus cretionis 3 ( 107). For the same reason any- 
 thing hot subject to any dominion was termed res nullius. 
 
 1) Cf. Marc. 1. c. 2) See Hein. 2, 1, 13. 3) See Caj. 2, 9. 
 
 97. Private things, or the property of private persons, 
 consisted of personal goods or of things possessed by 
 quiritary right, in dominio quiritario : these were ac- 
 quired in various ways ; some natural, others peculiar 
 to Roman custom, and were divided into res mancipi 
 and res nee mancipi, from the term mancipation or 
 mancipium, which we have already mentioned ( 87). 
 Mancipatio was the method by which a party present 
 conveyed and made over property to another party also 
 present before five Roman citizens as witnesses, including 
 one called libripens, and a person called on to witness 
 it, called antestatus 2 . This custom of conveyancing 
 seems to have been derived from the practice prevalent 
 in times when the value of articles was paid for in bul- 
 lion by weight. The formula in use was mancipo tibi 
 hanc rem, and the practice was for the buyer to strike 
 a balance with a sestertius; hence the expression per 
 ces et libram vendere, libra et cere mercari, nummo ad- 
 dicer -e 3 . Little is known about the custom called an- 
 testatio, by which the antestatus was touched on the 
 ear by him who took him to witness. Hugo remarks 
 
sect. 98.] ROMAN ANTIQUITIES. 105 
 
 ( 94 and 348) that the practice is not mentioned before 
 the time of the XII Tables. We find it stated, 
 among other particulars, that moveables were not to be 
 transferred, mancipari, unless actually on the spot, and 
 no more in a lot than could be grasped with the hand ; 
 but immoveable property might be sold in any quantity 
 and on any spot 4 . 
 
 1) Mancipare is so named from mancipium, quasi manu cap- 
 tione, mancipio trader e. Mancipare is also used of other kinds 
 of selling-. Manceps, from the same derivation, is used for a 
 buyer, redeemer, and for one who became surety. The word 
 nexum or nexus is also applied to the practice of transferring pro- 
 perty ; and as the term implies an obligation on the parties con- 
 cerned, it is not to be wondered at that we find these words used 
 in the sense of mancipation as Cicero seems to have done in the 
 sentence, " Aut traditio alteri nexu aut jure cessio." Top. 5. But 
 he, as well as others, more frequently draws a distinction between 
 the two, as when he says, " Multae sunt domus jure nexi, jure man- 
 cipii," Harusp. 7; and "jure nexi et jure mancipii," ad Div. 7, 30. 
 Moreover an obscure passage in Varro, de L. L. 1. 6. p. 82, proves 
 that the ancients themselves were not agreed on the exact meaning 
 of the term nexum. On this passage of Varro, see Hein. 2, 1, 20. 
 Hugo, 94, says that the practice called mancipium in the XII 
 Tables, was afterwards termed nexu alienatio, and by the lawyers 
 mancipatio and emancipatio. 2) Cf. Ulp. Fragm. 19, 3. 3) Cf. 
 Hor. Sat. 2, 5, 109. 4) Ulp. Fragm. 19, 6 : " Res mobiles non- 
 nisi praesentes mancipari possunt, et non plures quam quot capi 
 possunt, immobiles autem etiam plures simul, et quae diversis locis 
 sunt, mancipari possunt :" the description of their situation being 
 all that was required, according to Hugo 94. 
 
 98. As for the distinction of things into res mancipi 
 and nee mancipi, and the difference between them, 
 the learned men of the day suppose former writers to 
 have been mistaken in saying that, either res mancipi 
 alone could be held in dominio quiritario, or that res 
 nee mancipi only could be so held or be reckoned as 
 real property 1 . But they, and especially Caius 2 and 
 Ulpian 3 , determine that that mode of transfer which 
 was sufficient in law to render res nee mancipi pur- 
 chased by any one really his own in dominio quiritario, 
 was insufficient in the case of res mancipi ; but every 
 other method of holding and having property, excepting 
 in dominio quiritario, whether natural or peculiar to 
 
106 ROMAN ANTIQUITIES. [chap. i. 
 
 Rome, was applicable to both these kinds of property. 
 By this they mean, that if a thing purchased by one 
 method of exchange became the purchaser's property, 
 injure quiritario, and purchased by another method, 
 merely became his own as part of his goods, then both 
 these methods of purchase and transfer had the same 
 effect on things termed nee mancipi as on things termed 
 res mancipi ; with this exception, that res nee mancipi 
 could not be purchased by the custom of mancipation , 
 which, Hugo supposes, was a regulation made posterior 
 to the laws of the XII Tables 5 . The law commanded 
 that the party who sold or made the transfer of his 
 property, should make good his authority so to do, 
 evictionem prcestare 6 . 
 
 According to Ulpian 7 , the following things were 
 reckoned res mancipi ; namely, farms on the soil of Italy, 
 and in places beyond Italy which had been admitted 
 to the privileges of Italian Y\ghts,jus Italicum; the rights 
 of commerce ( 123); the tenures, obligations, and con- 
 ditions of leasehold property (93); slaves; animals 
 which were used for burden or draught, or for riding ; 
 and other things, of which some are not clearly ascer- 
 tained. Concerning the nature of the things considered 
 as res mancipi, which caused them to be so called, see 
 Hugo 204. 
 
 1) Hugo 205 ; Hein. 2, 1, 19. 2) Caj. 2, 18: " Magna au- 
 tem differentia est mancipi rerum et nee mancipi ; nam res nee 
 mancipi nuda traditione abalienari possunt (this is the common 
 reading, but I do not know whether it be correct), si modo corpo- 
 rales sunt, et ob id recipiunt traditionem." Cf. the passage of Caius 
 given supra, 93. 3) Ulp. 19, 3: " Mancipatio propria species 
 alienationis est, et rerum mancipi." 4) Cf. Ulp. 19, 3 ; Cic. Top. 
 10. 5) Cf. Hugo 94. p. 126, and, for a different account, 339. 
 6) Plaut. Pers. 4, 3, 55-62 : " Ac suo periculo is emat, qui earn 
 mercabitur ; mancipio neque promittet, neque quisquam dabit. Nihil 
 mihi opus est litibus (cf. Hor. Ep. 2, 2, 1 7, sqq.), nisi mancipio ac- 
 cipio, quid eo mihi opus est mercimonio?" Lucret. 3, 984: " Vi- 
 taque mancupio nulli datur, omnibus usu." 7) Ulp. Fragmm. 19, 
 1 : " Omnes res aut mancipi sunt aut nee mancipi. Mancipi res sunt 
 praedia in Italico solo, tam rustica, qualis est fundus, quam urbana, 
 qualis domus; item jura praediorum rusticorum, velut (this is the 
 
sect. 99.] ROMAN ANTIQUITIES. 107 
 
 conjectural reading of Hugo) via, iter, actus, aquaeductus ; item 
 servi, et quadrupedes, quae dorso collove domantur, velut boves, 
 mnli, equi, asini. Caeterae res nee mancipi sunt(?). Elephanti et 
 cameli, quamvis collo dorsove domentur, nee mancipi sunt, quoniam 
 beStiarum numero sunt." The same writer says, ib. 4, " Manci- 
 patio locum habet inter cives Romanos, et Latinos colonarios, 
 Latinosque Junianos, eosque peregrinos, quibus commercium datum 
 est." Ib. 5 : " Commercium (est) emendi vendendique invicem 
 jus." 
 
 99. The method by which any property was ac- 
 quired 1 , was either natural, that is to say, by the natural 
 law of nations, or civil, that is, by the law of the state. 
 Methods arising from the law of nations were occu- 
 patio, accessio, and traditio 2 . Occupatio obtained 
 when a person took possession of a thing in no one's 
 possession ( 96), res nullius cedit occupanti : whence 
 the formula in commune, used when a person claimed 
 the half of any thing found by another 3 . Things which 
 naturally followed upon the possession of another thing, 
 as fruit from an orchard, or increase from a flock, be- 
 came the owner's property by the method termed ac- 
 cessio*. Accessorium sequitur principale. Traditio 5 , 
 transfer, by the natural law of nations, differed from 
 transfer by civil law, inasmuch as by it persons inter- 
 changed things by mutual consent without observing 
 the customs of the law 6 , and this mode obtained in 
 selling and buying goods, which became the purchaser's 
 property provided the price of them had been paid. 
 
 Twelve instances are adduced by Heineccius 7 in 
 which acquisitio civilis obtained 8 , and conferred pos- 
 session 9 : hcereditas, mancipatio, injure cessio, usucapia, 
 sub corona emptio, audio, traditio, adjudicatio, lex, ar- 
 rogatio, donatio, and a mode to be mentioned hereafter 
 instituted by a senatusconsultum of Claudius. 
 
 Of these, mancipatio (97), injure cessio, and usu- 
 capio, were peculiar to the rights of Roman citizens 10 . 
 In the case of cessio injure, the purchaser claimed 
 his purchase, whether tangible or intangible n , in these 
 
108 ROMAN ANTIQUITIES. [chap. i. 
 
 words; hanc ego rem ex jure quiritium meam esse aio 
 ( 57 and 87) ; the owner of the property confirmed the 
 sale either by his silent assent or by refusing to claim it 
 when asked by the magistrate who ratified the sale, if 
 he wished to do so 12 . This practice prevailed also in 
 the provinces ; on account, however, of the incon- 
 venience of the method, it was seldom used in the case 
 of things validly transferable by mancipatio 13 . 
 
 1) Cf. Hugo 115. 2) See Institt. 2, 1, 11. 3) Hein. 2, 
 1,21. 4) Institt. 2, 1, 19. 5) lb. 40. Cf. Hugo 121. 
 
 6) Ulp. 19, 7 : " Traditio propria est alienatio rerum nee mancipi. 
 Harum rerum dominia ipsa traditione adprehendimus, scilicet, si ex 
 justa causa traditae sunt nobis." Cf. Caj. 2, 65 and 66. 7) Hein. 
 2, 1, 22. 8) Cf. Varro de R. R. 2, 10. 9) Ulpian, 19, 2, terms 
 the modes of acquiring the possession of any things, mancipatio, 
 traditio, usucapio, in jure cessio, adjudicatio, lex. 10) Caj. 
 2, 63 : " Mancipationis et in jure cessionis et usucapionis jus pro- 
 prium est civium Romanorum. 11) Cf. Hugo 97. 12) Caj. 
 2, 24. 13) Cf. Caj. 2, 25. 
 
 100. A quiritary title, dominium ex jure quiritium, 
 to the possession of anything acquired by lawful means 1 , 
 either by transfer or purchase, was conferred by the 
 possession of it uninterruptedly for a certain space of 
 time, such possession being termed usucapio 2 . A 
 stranger could not thus become entitled to the property 
 of a Roman citizen 3 . The laws of the XII Tables 
 fixed the time in the case of moveables to be a year ; in 
 the case of farms and buildings, two years 4 . Conditions 
 and exceptions to this arose out of the validity of the 
 possessors title, the nature of the property, and from 
 other causes, both as regarded the persons who were 
 competent, and the things that were capable of transfer 
 by usucapio. These were gradually prescribed by 
 laws, of which the earliest is found in the XII Tables, 
 and provides that no stolen thing could be justly ac- 
 quired by this mode 5 . Farms in the provinces, unless 
 on lands enjoying the jus Italicum, were not subject to 
 this custom 6 . 
 
sect. 101.] ROMAN ANTIQUITIES. 109 
 
 Captives, mancipia, taken in war, were formerly 
 sold as slaves, with wreaths on their heads, according 
 to the opinion of Caelius Sabinus and Cato 7 , and hence 
 the term sub corona venire. Another opinion derives it 
 from the circle, corona, of soldiers standing round 
 during the sale; but Gellius does not approve of this 
 explanation 8 . 
 
 Property was sold by auction 9 publicly by permission 
 of a magistrate, a spear being stuck into the ground, 
 and a crier making proclamation of the sale 10 ; hence the 
 expression sub hasid venire, and the term hasta 11 ap- 
 plied to the auction itself; also voci prceconis subjicere, 
 ad hastam accedere, emptio ab hasta. 
 
 1) Cf. Caj. 2, 43. 2) Originally merely usus and usus aucto- 
 ritas (see Hugo 95. Cf. Cic. p. Uaec. 19 ; Top. 4.), afterwards 
 usucapio from usus and capio ; and hence usu capio is met with 
 separately. 3) Cic. de Off. 1, 12: " Adversus hostem aeterna aucto- 
 ritas." 4) See Cic. p. Caec. 19; Top. 4. Cf. Plin. Ep. 5, 6. 
 
 5) SeeHein.2, 1, 22; Caj. 2,49; Gell. 17, 7. 6) Cf. Hein. 2,6, 4; 
 Hugo 203. 7) Gell. 7, 4; Cf. Varro de R. R. 2, 10. 8) In- 
 stances of sales, sub hasta, occur in Caes. de B. G. 3, 16, where we 
 read, " Omni senatu necato, reliquos sub corona vendidit," ap. Liv. 
 43, 4; Flor. 4, 12; Tac. Hist. 1, 68. 9) From the increase in 
 the bidding perhaps (?). Cf.auctor, auctoritas. 10) Cf. Liv. 23, 
 38; Cic. de Off. 2, 8 and 23 ; Fest. in hasta. 11) Cf. Cic. Phil. 
 2, 40, 4, 4; Corn. Nep. Att. 6. 
 
 101. Traditio 1 , transfer, differing in a manner not 
 clearly ascertained from the simple transfer by barter ' 
 in the law of nations, gave a title and right of possession 
 in things whether nee mancipi, or moveable, or fixtures 
 ( 98) ; and accordingly from the nature of the things 
 themselves, this mode had the force of acquisition either 
 by natural or by civil right 2 . The different kinds of 
 this transfer were traditio longd manu, when the thing 
 transferred was laid down before its purchaser or de- 
 posited at his house, or traditio brevi manu, when it 
 was handed over to another to whom the purchaser 
 wished to give it 3 . By the act of adjudication, a judge 
 gave to coheirs the right of dominium ex jure quiritium 
 
110 ROMAN ANTIQUITIES. [chap. i. 
 
 over their several portions of the inheritance, in certain 
 courts of law ; the same right and title was conferred by 
 the law, lege, if any thing by law became the property 
 of another 5 , as in the case of things escheated, which 
 became the property of the treasury or of the emperor 6 , 
 and such things as are termed byUlpian ereptitiai, a 
 word of which the genuineness is questioned. The act 
 of arrogatio conferred paternal authority, and the rights 
 incident to it (89). Donatio 8 , a natural method of 
 transferring things, became an act of civil law by the 
 Lex Cincia, if conducted in due form and by manci- 
 pation. The senatusconsultum of Claudius 10 ordered 
 that free-born women who had had intercourse with 
 another person's slaves, should be, by a decree of the 
 praetor, adjudged to the respective masters of such 
 slaves. 
 
 1) See Hein. 2, 1, 26 ; Hugo 92 and 207. 2) Cf. Hugo 92. 
 3) Cf. Mackeld. 313. 4) Hein. 2, 1, 27. 5) lb. 28. 6) Cf. 
 Muhlenbr. part. spec. 1. 2. 590. 7) Ulp. Fragmm. 19, 17, 
 
 where see note of Schulting. 8) Hein. 2, 7, 1. 9) Cf. Hein. 
 2, 7, 13. 10) Id. 1, 16, 8. 
 
 102. The rights and privileges of Roman citizens, 
 especially those referring to their private life, are con- 
 nected with the subject of Roman antiquities rather by 
 the practices attending them, and by the usual practice 
 of writers on the subject, than by any connection arising 
 from the nature of the rights themselves ; however, 
 they cannot be fairly omitted altogether, especially in 
 a work intended to prove of service to persons pre- 
 paring for the study of Roman jurisprudence. We 
 must not, however, in consulting the advantage of such 
 persons, forget the distinctions between jurisprudence 
 and our own subject: for if we waive those distinctions 
 for the sake of jurisprudence, we may do so for the 
 sake of any other science, and then it would be difficult 
 to fix any bounds to the subject of Antiquities. I will 
 
sect. 103.] ROMAN ANTIQUITIES. Ill 
 
 therefore premise that the subject of wills and inherit- 
 ance, which furnish matter for several volumes of the 
 Pandects, will here be condensed into a few pages. 
 
 103. The goods of Roman citizens and their rights, 
 which were reckoned among their goods, were trans- 
 ferred by the last will and testament 1 of a person to 
 those to whom he was by law justified in bequeathing 
 them, or, in case of his dying intestate or leaving a will 
 not legally valid, to those lawfully entitled to the suc- 
 cession 2 . Two sorts of wills of the most ancient kind 
 are recorded as customary among the Romans 3 : one 
 species of will was notified to the public at the Comitia 
 Calata, which were held for that purpose twice a year 4 , 
 the consent of the people was asked, but it is not 
 known what other customs were observed. Another 
 kind was that made by a person on the eve of battle 5 , 
 hence said to be in procinctu, the heir being mentioned 
 in the hearing of a few citizens. To these may be 
 added a third, said to be made per ces et libram, from 
 the introduction of the practice of mancipatio into it: 
 Caius informs us that formerly it was used only in a 
 case of dangerous sudden sickness, but, after the intro- 
 duction of the XII Tables, it came to be the only 
 method prevalent, though its forms were somewhat 
 altered 6 . Concerning it, Caius says 7 , that formerly the 
 testator delivered over his property to an executor, at 
 the same time declaring to him how he wished it to be 
 distributed after his decease, quid cuique post mortem 
 suam dari vellet ; so far the executor resembled an heir : 
 but, in the time of Caius, it was customary to appoint 
 one person by will heir to the property, and to name 
 another for form's sake as executor 8 : the custom of 
 mancipatio was observed with its usual forms on such 
 occasions, five adult Roman citizens being witnesses, 
 and the person termed libripens being present, the an- 
 testatus is not mentioned by Caius ; the act of mancipatio 
 
112 ROMAN ANTIQUITIES. [chap. i. 
 
 having been performed, the testator, holding his will in 
 his hand, said, hcec, uti in his tabulis (cerisve) scripta 
 sunt, ita do, ita lego, ita testor : itaque vos, quirites, 
 testimonium mihi perhibetote ( prcebitote ) . Thus the 
 form consisted of two parts, the appointment of the 
 executor (familice emptor) and the solemn declara- 
 tion or confirmation of the will 9 . The libripens was 
 reckoned as one of the witnesses 10 ; these were required 
 to be persons not in the power of the testator or exe- 
 cutor, nor any one in whose power the executor was ; 
 relatives and slaves were altogether excluded from 
 witnessing to such deeds. Caius informs us that by 
 the statutes of the emperors 11 , this troublesome form 
 was not required in the case of soldiers 12 ; hence they 
 could make valid wills without the form of mancipatio, 
 or the appointment of an executor, and without the 
 requisite number of witnesses 13 . 
 
 1) Cf. Ulp. Frag. 20, 1. 2) Cf. Hugo 105. 3) A tes- 
 tando ; from bearing witness before the people to the will. Cf. 
 Hugo 105. 4) Cf. Caj.2, 101 ; Hein.2, 10. 11. 12, 2. 5) Cf. 
 Gell. 15, 27. 6) Cf. Ulp. Frag. 20, 2; Hein. 2, 10. 11. 12. 13. 
 
 7) Cf. 2, 103. sqq. 8) Cf. Suet. Nero 4. 9) See Caj. 2, 
 
 104. 10) lb. 107. 11) lb. 109. 12) Cf. Hein. 2, 10. 11. 
 
 12. 3 and 16. 13) It is difficult to say which of the rites which 
 we read of as being customary at making a will in procinctu in later 
 times, were prevalent in the earliest times in which it was prac- 
 tised : Caius makes no mention of it. Cf. Veil. 2, 5; Cic. de N. D. 
 2, 3 ; de Orat. 1, 53 ; Hein. 2, 10. 1 1. 12, 3. Among the later rites 
 observed by a person making his will in procinctu, were, arranging 
 the cloak or toga in the method called cinctus gabinus, (cf. Serv. 
 ad Mn. 7, 612.) placing a shield on the arm, and naming the heir 
 in the hearing of three or four. The mode of making a military 
 will and testament practised under the Caesars, was quite distinct 
 from this. See Hein. 2, 10. 1 1. 12, 16. 
 
 104. Lawyers, jureconsulti, were usually employed 
 in drawing up a will, in order that everything in it 
 might be in due form, and nothing inserted but what 
 was lawful 1 ; however, it was not indispensably neces- 
 sary to employ them. Sometimes the testator wrote 
 the whole will, holographus 2 1 or added in his own 
 
sect. 105.] ROMAN ANTIQUITIES. 113 
 
 handwriting to the will written hy a friend, slave, or 
 freedman 3 , a declaration that he had dictated and 
 revised it. Suetonius states that it was forbidden 
 by a law passed in Nero's reign that any one writing 
 a will under dictation, should enter into it any legacy 
 left to himself 4 . Finally, the praetor examined 5 the 
 signatures and sealing of the will 6 ; hence obsignare 
 to seal up, resignare to open, applied to wills 7 . In 
 wills, the Latin language only might be used 8 ; but in 
 deeds of trust, Greek or other languages might be em- 
 ployed 9 . It appears that they were written on tablets of 
 wax, from their being called ceres sometimes, and gene- 
 rally tabulae 10 , and their parts cera prima, ima, &c. 
 
 1) Cf. Cic. de Orat. 2, 6 ; Suet. Nero 32; Hein. 2, 10. II. 12, 
 
 8. 2) Cf. Isid. Origg. 5, 24. 3) He who wrote a will from 
 another's dictation was called testamentarius . Cf. Ulp. D. 28, 5, 
 
 9, 3. Cicero applies the term to a forger of wills, de Off. 3, 18. 
 See Brissot, de Form. vii. p. 587. 4) Nero. 17. Passages in the 
 Pandects lead us to conclude that Suetonius is in error, and that it 
 was forbidden under Claudius. 5) Cf. Cic. Verr. 1, 45 ; Suet. Tib. 
 extr. 6) Cf. Hor. Ep. 1, 7, 9. 7) Cf. Caj. 2, 119 and 147; 
 Hein. 2, 10. 11. 12, 7. 8) Cf. Ulp. Fragmm. 25, 9. 9) Hein. 
 10. 10) Hor. Sat. 2, 5, 51: "Qui testamentum tradet tibi 
 cunque legendum, abnuere, et tabulas a te removere memento, sic 
 tamen ut limis rapias, quid prima secundo cera velit versu ; solus 
 multisne cohaeres, veloci pcrcurre oculo." Cf. Juven. 4, 19. 
 
 105. In order that a will should be valid, the first 
 thing requisite was, that the testator should be entitled 
 to make one : this right was called testamenti f actio 1 ; 
 for neither a foreigner nor a person degraded from his 
 rank as citizen, capite deminutus , could make a will 
 valid in Roman law : the law also prescribed different 
 forms to be observed, particularly that requisite for 
 naming the heir, viz. N. hceres esto, not merely hcere- 
 dem esse volo 2 . Many reasons are given why, even in 
 early times, citizens, not their own masters, were pro- 
 hibited from making wills ; one being that until they 
 could actually possess property, they necessarily never 
 could make wills ( 85). Women, who were excluded 
 
114 ROMAN ANTIQUITIES. [chap. i. 
 
 from voting at the comitia and from serving in the 
 army, were therefore formerly excluded from making 
 wills ; afterwards they were allowed to do so if they 
 were sui juris and had the approbation of their guar- 
 dian 3 . Minors, even not under tutelage, were not 
 allowed to do so, for the same reasons which excluded 
 women. Insane people, among others, were also ex- 
 cluded. 
 
 1) See Caj. 2, 114 and 145. 2) lb. 117, 121. 3) See Ulp. 
 Fragm. 20, 15; Caj. 2, 118; Cic. pro Case. 6; Hein. 2, 10. 11. 12, 
 19 ; and in Hauboldi Epicrisi p. 936. loc. ; Cic. Top. 4 ; and Caj. 1, 
 115. 
 
 106. The law of the XII Tables, which enacted, uti 
 legassit, itajus esto, gave unlimited power to the father 
 of a family in creating heirs ; so much so, that a son not 
 mentioned in the will, was thereby disinherited ; and 
 this custom was retained under the Republic, as we 
 learn from Cicero 1 . Afterwards the father was re- 
 quired by law either to disinherit by name a person 
 under his power, or else to admit him as an heir. A 
 will which excluded the immediate heirs from inheriting 
 was styled inqfficiosum, and an appeal against such a 
 will was allowed to children disinherited by it 2 . The 
 act abdicatio, by which a person disowned his children, 
 was different from the disinheriting them ; Heineccius 
 supposes it to have been gradually introduced from the 
 Greeks, and though discountenanced by law, to have 
 become prevalent 3 . 
 
 The inheritance 4 of one dying intestate (whence the 
 terms hesres ab intestato and ab intestato succedere) 
 was, by the laws of the XII Tables, adjudged to his 
 lawful heirs ( 107) ; if there were none, then to his 
 nearest of kin; and if none such could be found, to the 
 members of the gens to which he belonged, his gentiles 
 {% 81). The edicts 5 of the praetors, entitling children to 
 succeed in their own right, either alone or conjointly 
 with others, remedied the injustice of the ancient law 6 . 
 
sect. 107.] ROMAN ANTIQUITIES. 115 
 
 1) De Orat. 1, 38. 2) See Hein.2, 10. 11. 12, 21 and 22. 
 3) Hein. ib. 23 ; Cf. Val. Max. 5, 8, 3 and 4 ; Muhlenbruch Doctr. 
 Pandd. pars spec. 1. 1. 297: " Nee abdicare pater liberos potest, 
 nee emancipare invitos." L. 6. C. de Patr. Pot., "Abdicatio, quae 
 Graeco more ad alienandos liberos usurpabatur, et airoKi)pv^i dice- 
 batur, Romanis legibus non comprobatur." Cf. Dirksen. Versuche 
 p. 62. sqq. 4) Caj. 3, 1. 5) See Caj. 3, 1-25. 6) Caj. 
 
 3, 25 sqq. 
 
 107. From the privilege of succeeding to an inherit- 
 ance or waiving one's right to it, arose three distinct 
 kinds of heirs, according as they were necessarily sui et 
 necessarii, or extranet 1 . A. slave appointed heir by will, 
 receiving at the same time his liberty (an indispensable 
 provision) ( 59), was termed hceres necessarius. An 
 heir was termed suus, from his inheriting what was 
 justly his own and due 2 , and necessarius also if under 
 his father's authority, whether named his heir by him 
 or not ; the law ordered both to succeed to the inherit- 
 ance. Hceres extraneas was a term applied to one 
 not in the power of the testator at his death 3 ; and 
 hence children named heirs by their father may be con- 
 sidered extranei, if not under his power at his death. 
 Persons overwhelmed by debts, frequently appointed a 
 slave to be their heir, that the disgrace attendant on 
 the sale of the property might fall on him, not on the 
 family 4 ; the praetor at the same time enabling the sons 
 so to escape such humiliation by allowing them to waive 
 their right to the inheritance 5 . Hceredes extranei were 
 generally allowed by the law a stated time for deter- 
 mining whether they would accept the inheritance or 
 not ; this time was called cretio, i. e. tempus quo cerne- 
 rent : hence the formula given by Caius2. 165; Hceres 
 Titius esto, cernitoque in centum diebus, quibus scies 
 poterisque ; quod si non ita creveris, exheeres esto; 
 and the formula of the person accepting it, quod me 
 Publius Titius testamento suo hceredem instituit, earn 
 hcereditatem adeo cernoque. If the words quibus scies 
 were omitted, the cretio was fixed for a certain number 
 
 i2 
 
11(5 ROMAN ANTIQUITIES. [chap. i. 
 
 of clays. In case a person was appointed heir, sine 
 cretione, the praetor interfered in behalf of the credi- 
 tors, and fixed a certain period, within which, unless he 
 claimed the estate, the goods were sold 6 . 
 
 1) See Caj. 2, 152. 2) Cf. Caj. 2, 157. 3) Caj.2, 156. 
 
 4) Cf. Caj. 2, 154. 5) lb. $ 158. 6) lb. 167. 
 
 108. Besides the parties mentioned first in a will as 
 the immediate heirs of the testator, others were ap- 
 pointed to succeed in their stead, should they be either 
 unable or unwilling to act as executors or legatees 1 . 
 Persons so appointed were called heirs in the second 
 or third, or inferior place 2 . Foreigners, and the 
 Latins among them, being by the Roman law disabled 
 from making wills, were also debarred from inheriting ; 
 soldiers, however, might make bequests to either 3 , 
 and the Latins might also succeed to an inheritance, 
 and receive bequests, ex Jideicommisso, on trust 4 . 
 Under Augustus unmarried persons were excluded 
 from inheriting anything, by the Lex Julia and the 
 Lex Papia Popp&a y unless they happened to be the 
 next of kin ; married persons, however, whose mar- 
 riages had proved unfruitful, were allowed to succeed 
 to a small portion of the property bequeathed to them 5 . 
 These regulations continued in force till the time of 
 Constantine the Great. Finally, societies and corpo- 
 rate bodies, universitates ( 96), were excluded from 
 inheritance, although in this case concessions were 
 gradually made, and particularly by permitting munici- 
 pal towns to inherit the property of their own freed- 
 
 1) Cf. Hor. Sat. 2, 5, 45, sqq. j Tac. Ann. 1,8; Suet. Aug. 101 ; 
 Claud. 6. 2) See ib. 154. 3) Caj. 110. 4) lb. 275. 
 5) Cf. ib. 1 11 ; Hein. 2, 14, 2. 6) Hein. ib. 
 
 109. Whatever was bequeathed to other persons 
 besides the heir at law, was called a legacy, legation l , 
 
sect. 110.] ROMAN ANTIQUITIES. 117 
 
 as being intrusted to the heir for another, and the 
 party to whom such legacy was made was called the 
 legatarius, legatee 2 . In early times, and, as seems 
 most probable, (cf. uti legassit,) it was allowed, and 
 even sanctioned, by the XII Tables, to distribute 
 an entire patrimony among legatees and freedmen, 
 totum patrimonium legatis atque libertatibus erogare 3 . 
 Subsequently, the Lex Furia fixed the amount of indi- 
 vidual legacies ; and the Lex Voconia (A. U. C. 5S5) 
 enacted that no one should receive more than did the 
 heir at law; finally, the Lex Falcidia (A. U. C. 714) 
 decreed that he should have at least one fourth of the 
 whole estate 4 . 
 
 1) A legare, i. e. mandate. Cf. XII Tabb. uti legassit, and 
 Hein. 2, 23, 5. 2) The nature of the property bequeathed, and 
 the form in which it was bequeathed, gave the legatee a right to 
 sue for its recovery by different kinds of suits at law : we read of 
 four modes of bequeathing, viz. vindkatio, damnatio, praccptio, si- 
 nendi modus. Property which the person bequeathing held by 
 quiritary right ( 93), could be bequeathed by vindkatio ; property 
 merely in his possession, even another's property, (Caius 2, $ 102,) 
 by damnatio. Vindkatio gave the legatee a right to bring an action 
 against the property, in order to recover a legacy left to him, (ib. 
 194) ; damnatio and sinendi modus gave him a right to bring an 
 action against the person of the heir for the same purpose (ib. 204, 
 213.) 3) Caj. 2, 224. 4) See Hein. 2, 20-22, 18. 
 
 110. Bequests to the immediate heir were subject 
 to different legal regulations from legacies, jideicom- 
 missa. The word fideicommissum itself shows that it 
 meant something which it rested with the good faith of 
 the heir at law to make over to the legatee, agreeably 
 to the request of the testator 1 expressed in the body of 
 his will, or appended in a codicil 2 . The party to whom 
 this request or direction was addressed was called the 
 hccres Jiduciarius, the party to whom the legacy was 
 ordered to be given the hceres fideicoinmissarias. By 
 means of bequest per Jideicommissiwi, it was possible 
 not only to leave to some persons things which it was 
 not legal to leave to them, or more than they could 
 
118 ROMAN ANTIQUITIES. [chap. i. 
 
 legally inherit, but even to make those heirs, in fact, 
 who by law could not inherit at all 3 . The bestowal of 
 such bequests depended indeed on the honour and 
 good feeling of the legal heir, since he was not bound 
 by law, but merely by regard for the wishes of the tes- 
 tator 4 ; until, by the command of Augustus, an action 
 at law was allowed against him if he refused to execute 
 those wishes. Such actions came, at first, before the 
 consuls, but afterwards 5 the duty of attending to them 
 was shared between them and the prcetores fideicom- 
 missarii ( 196). Thus the hceres Jlduciarius, who, 
 though he might have distributed the entire estate 
 among others, still continued, in point of law, the heir, 
 had sometimes, in fact, nothing but the burden and 
 trouble of executorship. The natural consequence was 
 a general reluctance to act as executor, to remedy 
 which the senatusconsultum Trebellianum, made in 
 Nero's reign (A. U. C. 814), transferred the duties of 
 executorship to the Jideicommissarius. Under Vespa- 
 sian, another decree, the senatusconsultum Pegasianum, 
 appointed a remuneration for those who undertook 
 executorship, assigning a fourth of the whole inherit- 
 ance to the fiduciarius, in imitation of the Lex Falcidia. 
 ]) The formula is to be seen in Caj. 2, 250 : " Cum igitur scrip- 
 serimus : (Lucius) Titius heres esto, possumus adjicere (sc. tes- 
 tamento) : rogo te, Luci Titi, petoque a te, ut, cum primum 
 
 POSSIS HEREDITATEM MEAM ADIRE, GaJO SeJO REDDAS, RESTITUAS. 
 
 Concerning these formulae of Jideicommissa, see Hein. 2, 23-25, 2. 
 2) See Mackeldey Lehrb. des rom. Rechts 505 and 532. 3) 
 Cf. Caj. 2, 289. 4) Ulp. Fragm. 25, 1 : " Fideicommissum 
 
 est, quod non civilibus verbis, sed precative relinquitur, nee ex 
 rigore juris civilis proficiscitur, sed ex voluntate datur relinquentis. 
 5) See Hein. 2, 23-25, 4. 
 
 111. The directions which a Roman citizen left to 
 
 his heirs were expressed in the codicils, codicilli 1 . 
 
 There is no doubt but that the custom of so directing 
 
 things to be done by others always prevailed ; but no 
 
 legal necessity of executing such directions existed till 
 
 the time of Augustus, the occasion and description of 
 
sect. 111.] ROMAN ANTIQUITIES. 119 
 
 whose enactments on the subject may be seen 2 in the 
 Institutiones, lib. ii. tit. 25. As there might be heirs at 
 law even where there was no will, so likewise there 
 might be lawful codicils where there was no actual will, 
 though generally they formed part of the will : the former 
 were called ab intestato codicilli, the latter codicilli tes- 
 tamentarii. If referred to in the body of the will they 
 were called confirmed codicils, confirmali; otherwise 
 non confirmati. The testamentary stood or fell with 
 the will, as part of it 3 ; but the term codicil implied not 
 only written dispositions, but even mere verbal direc- 
 tions given by the testator, provided that they were 
 made, like a will, in the presence of five witnesses 4 . 
 The last will and intention of a testator might be ex- 
 pressed as well by them as by a formal will ; and Mac- 
 keldey 5 has applied the word codicil to denote any in- 
 timation whatever of the testator's will, distinct from 
 that : the difference lying not only in the absence of 
 the solemnities and forms of the latter, but in the fact 
 that they could neither give anything, nor debar from 
 anything, except verbis precativis, by way of request, or 
 perjideicommissum 6 , that is to say, the execution of them 
 rested with the good feeling and honour of the heirs at 
 law, and was precarious, not imperative. A will le- 
 gally defective and invalid, even to the degree that 
 nothing in it could amount strictly to a codicil, might 
 be made equivalent to a codicil, if the testator expressly 
 added that he intended it should be valid as a codicil 
 if invalid as a will 7 . 
 
 1) From codex, a tablet, as libellus from liber. The word will 
 be found in another sense in 237. 2) Theophilus Institt. 2, 25 : 
 " Primus L. Lentulus hos invenit et in rempublicam induxit. Len- 
 tulus enim Romae testatus scripsit hcredem filiam suam et Augustum 
 Principem et alios ; dixitque in testamento sic : si quos posthac 
 codicillos fecero, firmi sunto," etc. 3) See Mack. 506. 4) 
 lb. 507. Hein. 2, 23-25, 15, is of a different opinion. Cf. Vinn. 
 Institt. 2, 25. 5) Mack. 505. 6) Still leaving to the jiduci- 
 arius at least the quarta falcidice, as it was called ( 1 10). See 
 Vinn. ad Inst. 2, 25, 2. 7) See Mack. 508. 
 
120 ROMAN ANTIQUITIES. [chap. i. 
 
 112. By the right of guardianship, a Roman citizen 
 assigned a guardian, by his will, testamentum, or by a 
 codicillus confirmatus ( 111), to any child not of age, 
 who by the father's death became his own master 1 . The 
 guardian so duly appointed was said to be recte datus, or 
 testamentarius, and his office was called tutela testa- 
 mentaria ; if any one died without making such a pro- 
 vision, the guardianship passed by law to the next of 
 kin to the party not of age 2 , in which case he was 
 called the guardian at law, tutor legitimus, and his 
 office tutela legitima, which also denoted the duties of 
 a patron, a pater jiduciarius ( 87), and of the person 3 
 who manumitted a woman emancipated to him by her 
 coemptionator (see 480). There was a third kind of 
 guardianship, namely, when a magistrate, possessing 
 the power of so doing, appointed a guardian, which 
 was done if the testamentary or legal guardian died, or 
 was in any way incapacitated or prevented from acting, 
 and sometimes for other reasons. The guardian so ap- 
 pointed was called tutor dativus, and his office tutela 
 dativa. Guardianship ceased, either legally, when the 
 minor came of age 4 , or by the death of the ward or of 
 the guardian, by loss of his rank as citizen on the part 
 of the ward, or the loss of liberty or citizenship by the 
 guardian ; or it might terminate by virtue of a judicial 
 sentence passed on the guardian, if he were suspected 
 to be unfit for the office, or was otherwise disqualified. 
 Guardianship might also be claimed legally, and if so 
 obtained, the person obtaining it was called tutor cessi- 
 cus, and his office tutela cessitia 5 . The guardianship 
 of women was distinguished into tutela pupillaris and 
 tutela perpetua 6 . 
 
 1) Mack. 273. 2) Mack. 275. 3) See Caj. 1, 114 
 and 115; Ulp. Fragm. 11, 5, in which cases the guardian was 
 called tutor Jiduciarius, Hugo p. 118. cd. 8. 4) Suet. Aug. 66 : 
 " Legata vel partes hereditatum, a quibuscunque parentibus relicta 
 sibi, aut statim liberis eorum conccdere, aut, si pupillari uetate es- 
 
sect. 113.] ROMAN ANTIQUITIES. 121 
 
 sent, die virilis togee vel nuptiarum cum incremento restituere con- 
 sueverat." 5) Ulp. Fragm. 11, 7. 6) Cf. Liv. 34, 2, 39, 19 ; 
 Cic. pro Flacco 34 and 35 ; pro Murena 12. See Hein. 1, 13 etc., 
 16. 
 
 113. Enough has now been said concerning citizen- 
 ship. Opposed to the citizen was the foreigner, pere- 
 grinus. Foreigners were originally called by the Ro- 
 mans hostes 1 , either from a good feeling, which caused 
 such persons to be all looked on as Jwspites, or guests, 
 (which is the opinion of those who would trace hospes 
 and Jwstis to the same root 2 ,) or from the directly re- 
 verse notion that all such were enemies, which would 
 seem the more probable supposition, seeing what was the 
 condition of foreigners under the Republic. That it was 
 a hard one would appear from the fact of their repeated 
 expulsion at the will of the magistrates 3 . Being excluded 
 from the proper rank of quirites, they were debarred 
 from whatever public or private rights were attached to 
 it2( 70), enjoying only those which were called, in con- 
 tradistinction to these, jura gentium*, the rights of na- 
 tions. Accordingly they enjoyed neither suffrage nor 
 access to public office, nor were they, like the quirites, 
 exempt from scourging and corporal punishment. 
 They could not contract connubium with Roman citi- 
 zens, neither did they possess the patria potestas as 
 enjoyed by them, nor any part of the dominium quiri- 
 tarium, such as the power obtained over person or 
 thing by mancipation or usucapiio ( 99). Neither had 
 they the right of bequest : indeed a foreigner's goods, 
 as Heineccius asserts 5 , devolved at his death, either to 
 his patron, or, in default of him, to the public treasury. 
 They were also subject to a peculiar jurisdiction ( 190), 
 and could not reside within the city but by public 
 leave, (which might at any moment be revoked,) and 
 under the patronage, as Heineccius thinks, of some 
 citizen: moreover, they were forbidden to wear the 
 toga 6 , and might not have a prcenomen, being thus 
 
122 ROMAN ANTIQUITIES. [chap, i. 
 
 kept distinct from the citizens even by their names 7 . 
 Such as obtained citizenship assumed the name of the 
 party to whom they were indebted for the privilege. 
 So much in general concerning the condition of fo- 
 reigners ; we shall treat more particularly of them lower 
 down. Since, however, the allies, and among them the 
 Latins, were called foreigners, a distinction is to be 
 drawn between them as such, and all others, owing to 
 the peculiar footing on which they severally stood with 
 the Roman people. It is also to be observed, that the 
 condition of foreigners generally was gradually ame- 
 liorated in the times of the Republic, and greatly im- 
 proved under the Caesars 8 , not to mention that indivi- 
 duals of the class were occasionally admitted to certain 
 of the rights of genuine citizens, by favour of the people 
 or senate, or by the indulgence of the Emperors 9 . 
 
 1) Cf. Cic. de Off. 1, 12. 2) Cf. Hugo 64. 3) Cf. Cic. 
 <le Off. 3, 11 ; Brut. 28. See Hein. App. 136. 4) See Creuz. 
 204. 5) Hein. App. 137. 6) Cf. Plin. Epist. 4, 11, 1. 32. 
 Digg. de Jure Fisci. 7) Suet. Claud. 25 : " Peregrinae conditionis 
 homines vetuit usurpare Romana nomina, dumtaxat gentilitia." 
 8) Cf. Beauf. v. 2, p. 170. 9) See Hein. App. 34 and 138. 
 
 OF THE MUNICIPES, COLONI, SOCII, AND 
 DEDITICII. 
 
 114. All Municipes were considered Roman citizens ; 
 of the Coloni some ranked as citizens, and others, with 
 the Socii and Dediticii, as foreigners. Among the 
 allies, Socii, however, the Latins formed a class apart, 
 their condition being peculiar, and the jus Italicum 
 being distinct from the Latinitas, or jus Latii. We 
 will now proceed to detail the distinctions denoted by 
 these several titles. It is a trite remark that two circum- 
 stances mainly contributed to raise the power of Rome 
 from its small beginnings to the wonderful height to 
 
sect. 115.] ROMAN ANTIQUITIES. 123 
 
 which it ultimately attained: first, that owing to the 
 stubborn spirit which would never conclude a peace 
 except after victory, the Romans went on incorporating 
 each nation of Italy in succession with their empire, 
 either by conferring citizenship on them when con- 
 quered, or by making them allies by treaties ; and, 
 secondly, that by planting colonies of Roman citizens 
 among the vanquished, Rome easily kept even her most 
 distant allies in subjection. Hence there came to be 
 three kinds of states in Italy, the municipia, the colonize, 
 and the civitates fcedercttce ; to which perhaps a fourth 
 class may be added, under the name of prcefecturcc 
 ( 126), inasmuch as these not only had this distinctive 
 name, but were on a different footing from the other 
 three 1 . 
 
 1) Cf. Cic. pro Sext. 14. 
 
 115. The word municipes, being evidently derived 
 from munia, offices or honours, and capio, shows of 
 itself that it denoted nations to whom Rome had con- 
 ceded some of the rights enjoyed by its own citizens; 
 or the name may have implied, that whatever rights 
 they enjoyed, were held by the gift of Rome : and I 
 am inclined to prefer this idea of its import * These 
 municipes did not all enjoy the same rights, but they 
 were all Roman citizens, and herein differed from the 
 Latbii, whose connection with Rome was quite peculiar, 
 and dated even from the time of the Kings. Just, 
 however, as the title of citizen in some cases conferred 
 the right of suffrage, and in others did not ( 67), so was 
 it with that of municipes, some having votes and others 
 not 2 ; and I find that the name was promiscuously 
 given to all who received the name of citizen, but were 
 not locally connected with Rome itself, i. e. dwelt 
 neither in it nor in the neighbouring country called the 
 agar Romanus. Hence the distinction between the 
 
124 ROMAN ANTIQUITIES. [chap. i. 
 
 two kinds of municipes will prove a distinction between 
 two kinds of citizenship, and consequently we need the 
 less wonder at the mistakes of modern writers on this 
 subject. Sigonius 3 , for instance, assigns to one class 
 of municipes the jus militice, and Roth (p. 14) the 
 mere honorary name of citizen 4 ; both ascribing to the 
 other class the full and entire rights of genuine citizen- 
 ship, except that Sigonius considers them to have been 
 deprived of the jus domicilii, and Roth would limit 
 their exercise of the right of suffrage to Rome itself, 
 depriving them of it in their native towns. And in- 
 deed, with the exception perhaps of the privilege of 
 holding office in Rome itself 5 , I do not see what was 
 wanting to the full and perfect citizenship of the muni- 
 cipes, (seeing they had the right of suffrage,) except 
 such privileges as were of necessity peculiar to persons 
 resident in Rome itself; and even this can scarcely be 
 considered a positive disadvantage in their case, inas- 
 much as they might obtain even these by fixing their 
 abode there. Whereas I apprehend it to be absurd to 
 restrict participation in the comitia curiata, the sacra 
 privata, the right of patronship, admission to the 
 senate, and other ancient fundamental rights, to the 
 optima civitas, or mere resident in Rome, and in the 
 ager Romanus. 
 
 1) Cf. Fest. in Municeps and Municipium. 2) The first mu- 
 nicipes we hear of without the right of suffrage (A. U. C. 3G5) 
 were the inhabitants of Casre in Etruria (see Gell. 16, 13. Cf. 
 Liv. 5, 5 j Strabo lib. 5, p. 220 ; Roth de Re Municipali p. 5) ; 
 hence the expression in Cceritum tahulas referre (see 198). 
 Subsequently we meet with this class of municipes in the inhabit- 
 ants of Campania, Fundi, Sinuessa, Formias, and many other 
 places (Liv. viii. 14). 3) De Ant. Jure Italia* 2, 7. 4) Cf. 
 Paul. Manut. de Civit. Rom., Thes. Graev. v. 1, p. 48. 5) Cf. 
 Tac. Ann. 1 1, 23. 
 
 116. There is no question but that some municipes 
 enjoyed their own laws, and others adopted those of 
 Rome. It is, however, much disputed 1 whether each of 
 
sect. 117-] ROMAN ANTIQUITIES. 125 
 
 these classes was at liberty to retain its own laws, or 
 adopt those of Rome ; or whether those who obtained 
 the right of suffrage at Rome were of necessity bound 
 to receive in consequence its laws and customs. I am of 
 opinion that they were 2 . Those who hold the con- 
 trary opinion adopt Gellius as their authority 3 . Such 
 as obtained the citizenship with right of suffrage, and 
 consequently, as I have said, adopted the laws of Rome, 
 were said to become fundi ; hence fundus fieri legi, 
 municipia fundana, and the like. The fundi, being 
 bound to Rome by the closest possible legal ties 4 , 
 looked upon her as another and better country 5 ; and 
 there is no need to wonder that Milo should have been, 
 at one and the same time, magistrate at Rome and in 
 his native place 6 . 
 
 1) Cf. Spanh. Orb. Rom., Thes. Graev. v. 11, p. 36 ; Hein. App. 
 120 ; Roth, de Re Municip. p. 17. 2) Gell. 16, 13 : " Muni- 
 cipes ergo sunt cives Romanis ex municipiis, legibus suis et suo 
 jure utentes, muneris tantum honorarii cum populo Romano parti- 
 cipes, a quo munere capessendo adpellati videntur, nullis aliis ne- 
 cessitatibus, neque ulla populi Romani lege adstricti, nisi in quam 
 populus eorum fundus factus est." That Gellius is wrong may be 
 thus shown from Livy, not to mention other authorities. That writer 
 repeatedly makes mention of some state or other as retaining its 
 own laws in preference to receiving the rights of Roman citizen- 
 ship (cf. Cic. pro Balbo, 8) ; whence it must be correct to infer, that 
 the adoption of Roman laws was a necessary condition for obtain- 
 ing the boon of citizenship ; nor is it probable that different kinds 
 of citizenship were, in the first instance, offered, and still less that 
 we are to understand, in this case, citizenship without suffrage, since 
 it is, on the one hand, certain that the municipes did not all adopt 
 the Roman laws, and, on the other, absurd to think that less privileges 
 were bestowed on those who were to renounce their own customs, 
 than on those who were to retain them. 3) Cf. Cic. pro Balbo, 8 ; 
 Gell. 16, 13; Spanh. Orb. Rom. 1, 12 ; Hein. App. 88, and Hist. 
 Jur. Rom. 1, 3, 79; Bach. Hist. Jurispr. Rom. 2, 2, 1, 69. 
 Dirksen has very recently attempted to show the meaning of fieri 
 fundus; ad Tabb. Heracl. p. 211, sqq. ; and his opinion is ap- 
 proved by Macieiowski, Hist. Jur. Rom. p. 65. 4) Cf. Roth. 1,5. 
 5) Cf. Cic. Agrar. 2, 32 ; Idem de Legg. 2, 1 : " Haec est mea et 
 hujus fratris mei germana patria ; hinc enim orti stirpe antiquissima ; 
 hie gens, hie majorum multa vestigia." 6) See Cic. pro Mil. 10. 
 
 117. The municipes possessing right of suffrage had 
 
126 ROMAN ANTIQUITIES. [chap. i. 
 
 magistrates of their own choice l , not sent from Rome ; 
 a free constitution, like Rome itself; and free institu- 
 tions, jurisdiction being, of course, included 2 . Ac- 
 cordingly, each municipal town had its college of decu- 
 rions 3 , and its duumviri 4 / the former corresponding to 
 the senate, the latter to the consuls at Rome. Persons 
 eligible to the former office were called curiales (ordo 
 curialis). The insignia and titles common in the sove- 
 reign city were eagerly imitated ; and hence we find in 
 the municipal towns czdiles, qucestores, and defensores 
 civitatis (answering to the plebeian tribunes at Rome), 
 quinquennales (corresponding to the censors), and 
 others equivalent, either in effect or merely in name 5 , 
 (as the dictators for instance,) to the offices common at 
 Rome. There are many reasons for believing that the 
 priesthood in these towns also was on a similar footing 
 with that of Rome itself 6 . The splendour and example 
 of the capital was also zealously copied in the public 
 buildings and monuments of these places, so that we 
 find in them a Campus Martius, an Arena, a Capitol, 
 and so forth. In short, each municipal town endea- 
 voured to make itself a little Rome, by imitating the 
 metropolis of the empire in everything* 
 
 1) Cf. Hugo 261. 2) Cf. Roth. p. 23. 3) From decuria, 
 properly applied to a body of ten, and, in a more loose signification, 
 to any section or body of men whatever ( 269). Cf. Pomp. 
 Pandd. 50, 16, 239, 5. 4) Cf. Cic. Agr. 2, 34, in Pis. 11. 
 5) See Hein. App. 123. 6) Cf. Cic. pro Mil. 10, with the note 
 of Asconius. 
 
 118. The rights of municipality were also conferred 
 on individuals. After citizenship had been extended 
 to all the inhabitants of Italy, the municipal, although 
 thenceforth on the same footing with the other towns of 
 Italy, retained their distinctive name 1 and peculiarities 
 of government 2 . Municipal towns do not occur beyond 
 the limits of Italy until the time of the Caesars 3 ; but 
 whether their inhabitants possessed perfect citizenship, 
 
sect. 119.] ROMAN ANTIQUITIES. T27 
 
 such as it then was, or resembled the municipes of 
 earlier times without suffrage, it is difficult to decide, 
 either generally, or in particular; but it may be con- 
 jectured 4 from a passage of Tacitus that they could not 
 hold office in Rome 5 . The governments of the munici- 
 pal towns must necessarily have undergone some change, 
 when the whole Republic, of which they were part, 
 itself changed to an Empire. Roth informs us (p. 32) 
 that their condition was first seriously affected by Con- 
 stantine the Great. When, however, citizenship came 
 to be coextensive with the empire, all towns, indiscrimi- 
 nately, were called municipia, in respect of the rights 
 their citizens enjoyed as subjects of the empire, although 
 the original municipia continued to retain some of their 
 peculiar privileges 6 . 
 
 1) See Roth. p. 7. Gell. 16, 13 : " Praenestinos autem refert 
 (Hadrianus), maximo opere a Tiberio Imperatore petiisse orasseque, 
 ut ex colonia in municipii statura redigerentur," etc. Cf. Roth. p. 26. 
 3) Cf. Plin. II. N. 3, 2, and Tac. Agric. 32. 4) Cf. Roth. p. 26. 
 5) Tac. Ann. 11, 23. 6) See Gell. 16, 13 ; Roth. p. 26. 
 
 119. Of the Colonies, we shall treat more largely 
 elsewhere ( 241), in this place stating merely their 
 rights as part and parcel of the Roman Empire, and the 
 distinctions resulting from the variety of those rights. 
 They are commonly considered to have been of four 
 kinds, Roman (composed, i. e. of Roman citizens), 
 Latin, Italian, and military. I am inclined to believe, 
 but do not venture positively to assert it, that the 
 Roman colonies were so called from the first, not 
 because they retained the rights of Roman citizen- 
 ship, but because the persons composing them were 
 chosen from among the Roman citizens, as those com- 
 posing the Latin colonies were selected from among 
 the Latins 1 . Afterwards, when citizenship had been 
 extended to all Italy, the colonists were either citizens 
 or foreigners, or a mixture of both, and their settlements 
 
128 ROMAN ANTIQUITIES. [chap. i. 
 
 were then distinguished as Roman or Latin, according 
 as the rights allowed them were those of citizens of 
 Rome, or merely those included in the Latinitas. 
 By Italian colonies are generally understood those 
 which were composed neither of citizens of Rome nor 
 Latins, but yet of natives of Italy ; none of these ex- 
 isted within Italy itself, and it seems now to be agreed 
 upon by all writers 2 that those mentioned as existing in 
 the provinces, had their name not because they con- 
 sisted of natives of Italy, but because they enjoyed the 
 jus Italicum, so that they might more correctly be called 
 colonics juris Italici ; at all events they were styled 
 Italicce only by reason of enjoying that right. Wherein 
 the jus Italicum consisted will be explained presently 
 ( 123), so that nothing more need here be said of this 
 class of the colonies. 
 
 1) Cf. Liv. 27, 9 and 10 (where we read of Latin colonies, the 
 settlers in which were citizens of Rome), 39, 55, 29, 15 ; and Cic. p. 
 Caec. 33 : " Certe, quaeri hoc solere, me non praetcrit, quemadmo- 
 dum, si civitas adimi non possit, in colonias Latinas saepe nostri ci- 
 ves profecti sint ? Aut sua voluntate, aut legis inulta profecti sunt, 
 quam multam si sufferre voluissent, turn manere in civitate potuis- 
 sent." 2) See Hauboldi epicrisis ad Hein. Syntagm. App. 
 
 129. 
 
 120. It appears indubitable that the Colonics Ro- 
 manes possessed the rights of Roman citizenship, and 
 that the Col. Latince did not 1 ; but the question has 
 been raised whether the citizenship of the former 
 was complete, or whether it excluded suffrage, and 
 eligibility to public offices in Rome. I consider the 
 latter to be the more correct view 2 . That it should 
 have been so curtailed, is not wonderful, seeing that the 
 colonists were generally persons of the poorest class, 
 and consequently enjoying the right of suffrage in Rome 
 itself in name rather than in fact. As regards the 
 Latin colonies again, it is not likely that they should 
 have enjoyed privileges superior to those they had pos- 
 
sect. 121.] ROMAN ANTIQUITIES. 129 
 
 sessed in the cities from which they issued : whether 
 they suffered any diminution, or what it was, are points 
 which it is almost hopeless to attempt to decide : that 
 colonies sent out by the provinces were called Latin, 
 from enjoying the jus Latii, has already been remarked. 
 The colonies resembled the municipal towns with 
 right of suffrage ( 116), in that they received the laws 
 of Rome, and differed from the allied states, in that 
 they adopted also her form of government and public 
 institutions generally 3 ; so that, since the municipal 
 towns very generally imitated these of their own ac- 
 cord, it was natural that the difference between them 
 and the colonies should be very slight ; and, in fact, 
 the same names of magistrates and institutions generally 
 are found in both. 
 
 1) Cf. Cic. 1. c. 2) Cf. Dio Cass. 43, 39 ; Sigon. de Ant. 
 
 Jure Ital. 2, 3, 3, 3 ; Paul. Manut. de Civ. Rom. (Thes. Grsev. v. 
 1. p. 48) ; Spanh., Orb. Rom. 1, 9 and 10, 2, 19. (ib. vol. 11.) ; Hein. 
 App. 106. sq. ; Creuz. J 211. 3) Gell. 16, 13 : " Coloniarum alia 
 necessitudo est (quam municipiorum) ; non enim veniunt extrin- 
 secus in civitatem, nee suis radicibus nituntur, sed ex civitatibus quasi 
 propagatae sunt, et jura institutaque omnia populi Romani, non sui 
 arbitrii habent." 
 
 121. As far as I can ascertain, the military colonies 
 differed as to their rights in no respect from the Roman 
 colonies ; and it will suffice to have named them here. 
 But since we read of numerous colonies sent out by the 
 provinces, of which many enjoyed either the Latinitas 
 or the jus Italicum, I conjecture that there must have 
 been a fourth kind of colonies distinct from any of the 
 three divisions we have just made in respect of the 
 rights enjoyed 1 , and if so, several questions would arise 
 respecting them, in particular how they differed from 
 allied cities or dediticii. It also deserves to be con- 
 sidered whether the Latin colonies, as such, possessed 
 lordship of the soil, the soli dominium, which I have 
 said was part of the jus Italicum ? However, although it 
 
 K 
 
]30 ROMAN ANTIQUITIES. [chap. i. 
 
 is certain that there were differences in respect of the 
 rights they enjoyed between the municipia, the colonies, 
 and the allied states, and between these last and their 
 colonies, and that these differences continued to exist 
 even to a late period under the Caesars 2 , yet it is neither 
 possible to ascertain what these differences were, nor is 
 the knowledge of such minutiae of great importance : 
 it would not be of much help in the decision of more 
 weighty points : it is sufficient for the student to be 
 aware that there were these numerous differences. 
 
 1) Cf. Caj. I, 79. 2) Cf. Hugo 338 ] 
 
 122, Whatever inhabitants of Italy were not munici- 
 pes or coloni, were distinguished, agreeably to the re- 
 mark made in 114, into socii, allies, or civitates 
 foederata, confederates 1 . The several wars in which 
 they were subdued, and the conditions imposed on 
 them, may be seen in Sigonius 2 . Among the allies in 
 Italy were Tibur, Capua (afterwards made a praefecture), 
 Neapolis, Tarentum, and many others. 
 
 The most ancient, however, of the allies, were the 
 Latins, whose condition and terms of alliance were pe- 
 culiar, and must presently be considered separately; but 
 all the allies of Rome, alike, were subject to pay tribute 
 and to furnish contingents of troops 3 . These allies 
 were not only allowed to retain their own forms of 
 government 4 , and the appointment of their own magis- 
 trates, but certain privileges, as, for instance, the jus 
 Italicum (although I am inclined to question this) were 
 granted to all ; besides particular privileges to particular 
 allies. After the extension of the citizenship to the whole 
 of Italy, those who had hitherto been allies were put 
 upon a par, in point of rights, with the other inhabit- 
 ants of Italy, adopted the Roman laws 5 , and modelled 
 their constitutions agreeably to them, so that their insti- 
 tutions became the same everywhere. In the provinces 
 
sect. 123.] ROMAN ANTIQUITIES. 131 
 
 the distinctions of municipia, colonies, and allies, con- 
 tinued, all who were not such being dediticii, of which 
 there do not appear to have been any in Italy itself. 
 The condition of allies in the provinces was, however, 
 in many respects, and for many reasons, different from 
 that of the allies in Italy, and they appear to have sel- 
 dom differed from dediticii except in name : they are 
 sometimes designated by the common title of provincial 
 allies, socii provinciates. 
 
 1) Cf. Beauf. v. 2. p. 268. 2) De Ant. Jure Ital. J, 8. sqq. 
 
 3) Cf. Liv. 27, 9 and 10. 4) Cf. Sigon. de Ant. J. It. 2, 10. 
 
 5) Cf. Hugo 164. 
 
 123. As to the jus Italicum, there is no doubt but it 
 was so called because it was granted to the Italian allies, 
 but I doubt whether they all possessed it 1 ; and it is 
 certain from ancient authorities 2 that it was also enjoyed 
 by some states in the provinces. Savigny was the first 
 to demonstrate, after the subject had been long fruit- 
 lessly discussed by Sigonius and his successors, that it 
 was not a personal right, like that of Roman citizenship 
 or that of Latinitas, but local, and attached to the soil; 
 that is to say, that even Roman citizens did not enjoy 
 it, as they did other rights, that of personal liberty or 
 paternal authority for instance, wherever they might 
 be, but only whilst resident in the state to which 
 it had been granted. Savigny has also shown that it 
 consisted in two things, viz. first, in lordship of the 
 soil 3 , i. e. the soil might be the subject of usucapio, in 
 jure cessio, mancipatio and vindicatio, and the quiritary 
 lordship, dominium ex jure quiritium ( 99) ; secondly, 
 that the state possessing this right enjoyed free insti- 
 tutions, like the allied states in Italy, having its own 
 duumviri, quinquennales and aediles, especially with 
 the right of jurisdiction (117); to which must be 
 added, that lordship of the soil implied, necessarily, 
 exemption from census. 
 
 k2 
 
132 ROMAN ANTIQUITIES. [chap ii. 
 
 1) Cf. Creuz. 263. 2) The jus Italicum is mentioned only 
 in the following* passages of ancient authors ; viz., Plin. H. N. 3, 
 3 and 21 ; Pandd. 50, 15 ; Cod. Theod. 14, 13; Cod. Just. 11, 20. 
 3) Cf. Hugo 87. 
 
 124. At the same time with the jus Italicum, and 
 even prior to its origin, or at all events before lordship 
 of the soil came to be part of it, there existed a peculiar 
 relationship between the Latins and the Romans, the 
 former being admitted to an inferior kind of citizenship 1 . 
 The following particulars are to be noted respecting it. 
 The Latins, who were distinguished from the other 
 allies of Rome by the titles of socii, by way of eminence, 
 Latini socii, socii nominis Latini, socii nomenque La- 
 tinum, &c. 2 , were the inhabitants of Latium, allied by 
 treaty with Rome, and admitted to certain privileges 
 designated by the term Latinitas or jus Latii. The 
 treaty 3 on which this alliance was based, was originally 
 concluded between the Albani and Romulus, but after 
 the destruction of Alba Longa, the other inhabitants of 
 Latium were admitted to it, and after repeated inter- 
 ruptions by the wars with them, it was renewed shortly 
 after the expulsion of Tarquin on the terms on which 
 it continued to subsist down to the social war 4 . 
 
 The rights thus conceded originally to the old Latins, 
 were gradually allowed to their neighbours, and thence 
 arose the distinction of vetus Latium and novum Latium 
 ( 13). In course of time, however, after the Latins and 
 the rest of Italy had received the citizenship, the Lati- 
 nitas was extended to many colonies and other states 
 beyond the limits of Italy, and even to whole provinces 5 , 
 a practice which prevailed even under the Caesars 6 . 
 The Lex Julia Norbana bestowed it even on persons 
 who had received partial (nonjusta) manumission ( 63), 
 but was abolished by Justinian. 
 
 1 ) See Savigny Ueb. die Entstehung und Fortbildung der Lati- 
 nitaet. Cf. Creuz, p. 242 and 246. 2) Sigon. de A. J. It. 1, 2. 
 
sect. 125.] ROMAN ANTIQUITIES. 133 
 
 3) Cf. Hein. App. 76. sqq. 4) Cf. Dionys. 3, 54, 4, 49, 6, 95 ; 
 Liv. 2, 22 ; Cic. pro Balbo 21. 5) Cf. Strab. 1. 4, p. 186 ; Ascon. 
 in Cic. in Pis. p. 156. 6) Cf. Tac. Ann. 15, 23; Plin. 3, 3; 
 Spart. Hadr. 21. 
 
 125. The question concerning the jus Latii will, 
 however, be found still to present great difficulties if 
 any one attempt to descend into particulars. Creuzer, 
 202, refers us to his lectures for illustrations of the 
 conclusions at which recent authors, including Niebuhr, 
 have arrived. As regards public rights, Heineccius 1 
 has adduced instances proving that the Latins did not 
 possess the freedom of quirites, at the least not in its 
 full extent : he assigns to them the jus militice and the 
 jus honorum in a limited degree ; and some he allows 
 to have enjoyed the jus suffragii; but shows that they 
 might not serve as legionary troops, nor hold office in 
 Rome itself, and that the jus suffragii was of a very 
 precarious nature, since they were bound to leave the 
 city whenever the consuls thought fit to order them to 
 do so 2 . Ulpian 3 has clearly shown that the Latins did 
 not enjoy the right of intermarriage, Jws connubii, with 
 citizens of Rome, and consequently that they could not 
 exercise the patria potestas in the same way with them. 
 It would appear from the same author, XX. 14, that the 
 Latins did not possess the jus testamenti equally with 
 the Romans, although in another passage the contrary 
 seems to be admitted ; I mean XX. 8, where we read, 
 " the Latinus Junianus may both purchase afamilia 
 and act as testis and libripens, since he may make a 
 will ;" and, if so, we should infer that he might inherit 
 of a Roman citizen 4 , as seems to be allowed 5 by the 
 same, XXII. 3. Savigny asserts that both the jus tes- 
 tamenti and the jus hcereditatis belonged to the Latins, 
 but with exceptions. 
 
 1) App. 85. Cf. Sail. B. J. 69 ; Gell. 10, 3. 2) Cf. Cic. Brut. 
 26, pro Sext. 13. 3) Ulp. Fragmm. 5, 4 : " Connubium habent 
 cives Romani cum civibus Romanis ; cum Latinis autem et pere- 
 
134 ROMAN ANTIQUITIES. [chap. i. 
 
 grinis ita, si concessum sit." 4) Cf. Ulp. 22, 1 : " Heredes insti- 
 tui possunt, qui testamenti factionem cum testatore habent." 5) La- 
 tinus Junianus, " Siquidem mortis testatoris tempore, vel intra diem 
 cretionis, civis Romanus sit, hseres esse potest. Quod si Latinus 
 manserit, lege Junia capere haereditatem prohibetur." Cf. Hein. 
 App. 87. 
 
 126. That the Latins enjoyed the jus commercii, is 
 evident from many testimonies of ancient authors 1 . 
 They, like all allies 2 , were bound to furnish their contin- 
 gent of auxiliaries ; but it is probable that they paid less 
 tribute than the other allies 3 . They were certainly on 
 a par with them in being governed by their own magis- 
 trates, and having their own free institutions : neither 
 were they bound any more than others to use the Ro- 
 man laws and customs in matters not involving their al- 
 legiance to Rome, as in the disposal of their property, 
 in contracts, or in judicial matters. If they preferred 
 it, they might do so 4 , but gained no additional advantage 
 thereby, unless having obtained full citizenship as well 
 as adopted the Roman laws, they had become fundi, 
 and so mtmicipes instead of mere Latini. Latins in the 
 provinces, either resident in other cities, or members of 
 important colonies 5 , possessing the jus Latii, were en- 
 titled to the same degree of citizenship as all free-born 
 subjects of the empire, being inferior to none but the 
 Latini Juniani ( 63). The Latins, who were thus, of 
 all foreigners, nearest on a par with the citizens of Rome, 
 yet not all equally so 6 , attained perfect citizenship in 
 various ways : as, for instance, if a Latin, migrating to 
 Rome, left at home a son and representative of his 
 house 7 ; or if he had accused and obtained, a sentence 
 against, a Roman senator 8 ; or if he had held high office 
 in his native state ; or, finally ( 70), if the emperor 
 chose to declare him citizen 9 . 
 
 1) See Ulp. 19, 4. Cf. Hein. App. 87 ; Creuz. $203. Cic. pro 
 Csec. 35 : " Deinde, quod Sylla ipse ita tulit de civitate, ut non sus- 
 tulerit horum nexa atque haereditates. Jubet enim eodem jure esse, 
 
sect. 127.] ROMAN ANTIQUITIES. 135 
 
 quo fuerint Ariminenses : quos quis ignorat duodecim coloniarum 
 fuisse, et a populo Romano haereditates capere potuisse?" This 
 passage is memorable, as being that from which, compared with 
 Liv. 27, 9 and 10; 29, 15, some very learned men have ascribed 
 the origin of the Latinitus (meaning, of course, certain particulars 
 of it, otherwise the assertion is absurd) from the twelve (twenty- 
 two?) colonies mentioned by Cicero. See, on this head, besides 
 Savigny and Niebuhr (in the Addenda to v. 1. p. 371,) Creuzer 
 203. 2) Cf. Liv. 29, 15. 3) Cf. Liv. 8, 8, and 38, 44. 
 
 4) Cf. Hein. App. 88. 5) See Creuz. 202 ; Hugo 338. 
 
 6) Cf. Creuz. p. 246. 7) Cf. Liv. 41, 8. 8) Cf. Cic. pro 
 
 Balbo 24. 9) From the municipia, and all other towns or states 
 in Italy, are to be distinguished the prefecture, and, in the rest of 
 the Roman empire, the fora and conciliabula ; as also the vici and 
 castella, mentioned in the Cisalpine laws ( 426). Of these, the 
 prefectures are commonly considered to have been nearly on the 
 same footing with the dediticii (cf. Hein. Synt. App. 132); and 
 justly too, if they were all in the situation of Capua (Liv. 26. 16) 
 and other states, which we find to have been treated as severely as 
 that was. But this cannot be the correct view ; because we find 
 that the prefecture had the usual magistrates of municipia and 
 colonies (see Creuz. 212), such as aediles and praetors (cf. Hor. 
 Sat. 1. 5. 34), decurions (Suet. Cal.23); and the members of these 
 prefectures enjoyed municipal rights, which were not invaded even 
 by the Lex Julia de Civitate ( 66), and remained unchanged until 
 the times of the Caesars (cf. Creuz. 212; Savigny Gesch. d. 
 Rcem. R. vol. 1. p. 39. sqq.). Hence the latest writers on the sub- 
 ject, some of them following Savigny, have asserted that the only 
 difference between the prefecture and the municipia consisted in 
 this, that the chief magistrate of the former, who was called pre- 
 feclus, and from whom they were called prefecture, was annually 
 appointed and sent from Rome, as Festus attests. Granting, how- 
 ever, that the condition of such states was very different from that 
 of the dediticii, we may conclude that some were more favoured 
 than others, from the mere fact that the praefect was, in some cases, 
 appointed by the people of Rome, and in others nominated by the 
 praetor : and I am in doubt, concerning this magistrate, the praefect, 
 whether he supplied the place of the duumviri, or exercised juris- 
 diction, not so much over the city itself as over the whole district 
 attached to it. Among the prefectures we find Arpinum, Capua, 
 Casilinum, Caere, Cumae, Formiae, Fundi, Liternum, Suessula, and 
 Vulturnum (see Hein. 1. c). The origin of the names/bra and con- 
 ciliabula, appears from the words themselves ; concerning their 
 political condition, see the conjectures of Niebuhr (v. 2. p. 394) : 
 nothing has been hitherto ascertained respecting the vici and cas- 
 tella. 
 
 127. Of all persons in the Roman empire, those 
 
 were in the worst condition who were called dediticii; 
 
 by which name were meant, the inhabitants of whatever 
 
 conquered towns or districts had submitted uncondition- 
 
136 ROMAN ANTIQUITIES. [chap. i. 
 
 ally, and were governed by magistrates sent from Rome. 
 On this subject we shall speak further in the chapter 
 on the government of the Roman provinces. That 
 their condition was extremely bad, appears from the 
 circumstance that the law, in order to prevent freedmen 
 from obtaining anything beyond personal freedom by 
 their manumission, declared them to be in the state of 
 dediticil ( 64). 
 
sect. 129.] ROMAN ANTIQUITIES. 137 
 
 CHAPTER THE SECOND. 
 
 ON THE CONSTITUTION OF THE REPUBLIC. 
 The Classification of Roman Citizens. 
 
 128. The rise of the constitution of the Republic is 
 as obscure as that of the City itself; the attempts made 
 by moderns to elucidate either amid the discordant 
 testimonies of the ancients, have hitherto proved alike 
 unsuccessful. A knowledge of the manifold distinctions 
 between the citizens themselves is, however, of great 
 importance to a right understanding of the subject. 
 Many writers have treated largely concerning them. 
 After stating what they appear to have been, we shall 
 proceed to investigate the several parts of the consti- 
 tution. 
 
 The original division of the Roman people appears 
 to have been fourfold, namely, into patricians, plebeians, 
 and knights ; into patrons and clients ; into tribes and 
 curies ; into classes and centuries. The distinction in- 
 timated by the title nobiles ( 132), and that of opti- 
 mates and populates, which last arose from the effects 
 of party spirit, are different from these four. 
 
 PATRICIANS, PLEBEIANS, KNIGHTS. 
 
 129. The origin of the distinction into Patricians, 
 Plebeians, and Knights, whether derived, as Dionysius 1 
 conjectured, from Athens, or, according to others, 
 from the Etruscans 2 , whom the Romans followed in 
 many other particulars 3 , was certainly coeval with the 
 City ; the ancients, however, give various accounts of 
 the matter, which are variously interpreted by moderns 4 . 
 The two most prevalent opinions, however, are these : 
 
138 ROMAN ANTIQUITIES. [chap. ii. 
 
 one, adopted from Dionysius, that Romulus separated 
 the citizens who were eminent by birth and wealth from 
 those who were more obscure, calling the latter ple- 
 beians 5 , the former patricians; though some think that in 
 the time of Romulus these were called patres, and that the 
 term patrician was applied to the descendants of these 6 . 
 The other, and apparently the more correct opinion, 
 is found in Livy (I. 8), who mentions no original dis- 
 tinction of ranks, but states that the members of the 
 senate instituted by Romulus were called patres, and 
 their descendants had thence derived the title pa- 
 tricii 7 . The etymology of the term is variously given 
 according to the view adopted concerning the origin of 
 the class it designated. Some derive it simply from 
 patres, making it mean the descendants of the patres; 
 others explain it by patrem cientes 8 , meaning that those 
 who bore it were genuine citizens by birth ; could quote 
 the name of a citizen as their father. 
 
 1 ) Diony sius 2, 8. 2) It is still matter of controversy whether 
 the Etrusci (Thusci, Tyrrheni) were of Lydian origin, according to 
 Herodot. 1. 94, or whether the account given by that historian be 
 a mere fable. See Dionys. 1, 27 ; Niebuhr vol. 1, p. 65 ; Wachsm. 
 p. 82. 3) Cf. Niebuhr p. 95 and 181 ; Wachsm. pp. 134, 135; 
 
 Liv. 1, 8. 4) See Dionys., Li v., and Plutarch's Life of Romu- 
 
 lus. 5) Dionysius says they were so called as being dr}fioriKoi. 
 There can be no question but the word plebs (whence plebeius) 
 implies the notion of multitude ; hence Voss derives it from 7rXfj9og; 
 others, in my opinion more correctly, from 7r\tvveg or 7r\sopg f the 
 majority. 6) If the text of Dionysius has come down to us cor- 
 rect, he contradicts himself, affirming both ; the first in 2, 12 (cf. 
 Liv. 10, 8), where he states that Romulus chose a hundred men, 
 Ik t&v Trarpuc'nov ; the second in 2, 8, where he approves of those 
 who asserted the patricians to be the descendants of the patres. 
 7) Livy appears, however, in another place (10, 8) to adopt the 
 second opinion of Dionysius, making Decius say, " Patricios primos 
 esse factos, non de ccelo demissos, sed qui patrem ciere possunt, id 
 est, nihil ultra quam ingenuos." 8) Those, that is to say, who 
 could name a free man as their father, and so show they were not 
 of servile birth. Cf. Liv. 10, 8. 4, 3 ; Festus in patricos ; and 
 Dionys. 2, 8. 
 
 130. Those who agree with Dionysius in ascribing 
 this distinction of ranks to Romulus, ought, if they 
 would be consistent, to follow him in considering (II. 9) 
 
sect. 130.] ROMAN ANTIQUITIES. 139 
 
 certain duties to have been imposed on each ; on the 
 patricians, namely, the maintenance of religion, and 
 all sacred offices, the duties of the magistracy, the ex- 
 pounding of the laws and administration of justice, and 
 the duties of government in conjunction with the king: 
 the plebeians, on the other hand, being excluded from 
 all these, must have devoted themselves solely to agri- 
 culture and trades 1 . Both ranks were liable to military 
 duty. At all events, if such were not actually the ar- 
 rangement made by Romulus, it is found (with the ex- 
 ception that agriculture ( 328) was not pursued by the 
 plebeians exclusively) to have prevailed immediately 
 after his time ; for it is certain that the first patricians, 
 or those whose descendants were afterwards so called, 
 could alone be elected to serve as magistrates, of which 
 there were as yet but few, to the priesthood, or to the 
 senate. These, however, and other privileges, at first 
 peculiar to the patricians, were, with few exceptions, 
 gradually thrown open to the plebeians after the ex- 
 pulsion of the kings ; as we shall have occasion to 
 show in the proper places. It is not to be inferred that 
 all patricians were senators; the number of the latter 
 was fixed, that of the former indeterminate : nor is the 
 senate to be contrasted with the plebs in point of rank, 
 but of authority and power. The patrician order was 
 also called senatorial, because originally the senators 
 were drawn exclusively from the patrician body 2 . 
 Those patricians who traced their descent from the 
 senators whom Tarquinius Priscus drew from the ple- 
 beian body, were called " minorum gentium 3 ;" the de- 
 scendants of the more ancient class of senators being 
 " majorum gentium :" it is, however, generally admitted 
 that the posterity of those plebeians, who were incor- 
 porated with the senate by Brutus and Valerius Publi- 
 cola, ranked as plebeians 4 . 
 
 1) Teiopyeiv Se kcii KTT}VOTpo<ptXv, Kal rag xp^ixaroTroiovg epyd^ea9ai 
 TtxvaQ. k 2) Gell. 10, 20: " In populo omnis pars civitatis, 
 
140 ROMAN ANTIQUITIES. [chap. it. 
 
 omnesque ejus ordines continentur, plebs vero ea dicitur, in qua 
 gentes civium patriciae non insunt." 3) Herein, however, Tacitus, 
 Ann. 11, 25, differs from other authorities, referring the minores 
 gentes to those senators who were added by Brutus and Valerius. 
 4) Cf. Beauf. vol. 1. p. 104. sq. 
 
 131. Intermarriage of patricians with plebeians was 
 originally forbidden by law (82): after the repeal of 
 the prohibition, the names of the families were still kept 
 distinct, the wife being received into the gens of her 
 husband. Owing, however, to a variety of causes, 
 many names were common to both the patrician and 
 plebeian orders : among these causes are reckoned, be- 
 sides the accidental coincidence by which one and the 
 same name may originally have belonged to different 
 houses, gentes 1 ; first, the fact that a person, though 
 his rank might be altered by his adoption into 
 another house, still retained the name of his own ( 91); 
 concerning which point, however, some obscurity ex- 
 ists : secondly, the admission of one or more families of 
 a plebeian house into the patrician order, the other 
 families remaining plebeian, of which a notable instance 
 is furnished by the case of the gens Claudia 2 : thirdly, 
 this might occur when a person having obtained the 
 rank of citizenship through the patronage of a patrician, 
 assumed his name, as Cornelius Balbus took that of 
 Cornelius Lentulus 3 , or from the custom that a freed- 
 man should bear that of his former master ( 62). An 
 ornament in form of a crescent, worn on the foot, 
 was the distinctive badge of a patrician. The import 
 of the badge has been variously explained ; but the 
 most common opinion is, that it denoted the original 
 number of the senators, namely, one hundred, C, cen- 
 tum*. When an equality of civil rights had been es- 
 tablished between the orders, the distinctions of houses, 
 gentes ( 80), and patrician nobility, still continued to 
 exist, although, in the time of the Caesars, they were 
 retained only in a few families 5 . In fact, some things, 
 which will be found noted in their proper places, con- 
 
sect. 132.] ROMAN ANTIQUITIES. 141 
 
 tinued at all times peculiar to the patrician order, just 
 as the tribuneship was always confined to the ple- 
 beians. On the other hand, as, in the early times, those 
 plebeians who were enrolled in the senate, either by 
 Tarquinius Priscus or by the first consuls, became 
 thereby patricians ; so we learn from Tacitus 6 and other 
 authors, that one or more individuals, generally senators, 
 were, from time to time, enrolled among the patricians. 
 I question, however, whether persons thus promoted 
 could gain, with their title, the same degree of respect 
 which time had secured to the most ancient patrician 
 houses. Constantine the Great, we may add, intro- 
 duced a new kind of patriciate, by giving the title of 
 patrician to all who had held curule offices, and admit- 
 ting them to his privy council 7 . 
 
 1) Cf. Tac. Ann. 3, 48. 2) Cf. Tac. Ann. 11, 24. 3) See 
 Nieupoort, 1, 4, 2. 4) See Plut. Quaest. Rom. 5) See Tac. 
 Ann. 11, 25. 6) Ann. 11, 24, and 25. Cf. Jul. Capit. Marc. 
 Anton. 1. ; Lamprid. Comm. 6 ; JE\. Spart. Did. Jul. 3. 7) Cf. 
 Nitsch. v. 1. p. 219 ; Nieupoort. 6, 5, 4. 
 
 132. There was a kind of nobility distinct from the 
 patrician, consequent on the discharge of curule offices, 
 which entitled the persons who had held them to 
 place statues of themselves in their halls 1 : persons were 
 called nobiles or ignobiles with respect to this right, the 
 jus imaginum ; and those who first gained it for their 
 families were contemptuously termed novi homines 9 . 
 Half-length waxen models of these statues (busts, wpo- 
 to/jlcu) used to be carried before a corpse at a funeral 
 ( 486), in which ceremony some make the jus imaginum 
 to have consisted ; but at other times they were kept in 
 closets, with portraits also, or merely the names of the 
 individuals fastened to them by ribands 3 . Hence 
 stemma and stirps, and the expressions fumosce ima- 
 gines, homo multarum imaginum, etc. 
 
 1) Cic. Verr. 5, 14, boasts of having obtained togam pratextam, 
 sellam curulem, jus imaginis ad memoriam posteritatemque pro- 
 
142 ROMAN ANTIQUITIES. [chap. ii. 
 
 dendce. 2) Cf. Cic. Cat. 1, 11 ; Sail. B. C. 27 ; Juven. Sat. 8, 
 237. 3) Cf. Plin. 35, 2 j Sen. de Benef. 3, 28-; Juven. Sat. 8. 
 init. 
 
 133. The plebs stood in contradistinction to the 
 patricians, the populus to the senate ; whence arose the 
 well-known expression, senatus populusque Romanies, 
 though otherwise the populus comprised the senate 1 . 
 The plebs, considered with respect to the tribes ( 143), 
 was divided into plebs urbana, and plebs rustica. 
 Originally the plebeians were, as we have said, ex- 
 cluded from the senate, magistracy, and priesthood. 
 Modern writers are divided in their opinion as to 
 whether they possessed a vote in public matters before 
 the time of Servius Tullius, or whether he only increased, 
 or, on the contrary, restricted their power. The liberty 
 of the plebs, however, was first guaranteed by laws 
 after the expulsion of the Tarquins (71) ; and the in- 
 stitution of the tribunes following soon afterwards, 
 added power to freedom. Hence arose incessant con- 
 tests with the patrician order until almost an equality 
 of rights was established. Nevertheless the condition 
 of the plebeians, even during the best times of its free- 
 dom, is found to have been very wretched. The 
 impoverishment of the plebs, and their consequent 
 pecuniary obligations to the patricians, added to the 
 severity of the laws against debtors ( 72), were at once 
 the chief cause of this misery, and a fruitful source of 
 enmity against the patricians. 
 
 1) Cf. Gell. 10, 20. 
 
 134. The enormous rate of usury was another con- 
 siderable cause of this extreme and general poverty ; 
 but chief of all was the gradual transfer of the entire 
 landed property, private as well as public, into the 
 hands of the patricians 1 . One reason for the rise of 
 this state of things, and for its progress even during the 
 period when the plebs enjoyed its greatest power, may 
 be found in the system of usury just alluded to, com- 
 
sect. 134.] ROMAN ANTIQUITIES. 143 
 
 bined with the custom which gave a prescriptive right 
 to farms after two years' uninterrupted possession of 
 them ( 100) ; but the primary cause is to be found in the 
 jus nexus, which existed from the earliest times between 
 the patricians and plebeians ; on which, as well as on 
 the ancient institutions of Rome in general, the pene- 
 tration of Niebuhr has thrown so much new light 2 . 
 This alienation of all landed property from the plebs, 
 gave occasion to the fierce and repeated contests con- 
 cerning agrarian laws 3 . The first of the measures so 
 called was proposed by the plebeian tribunes, C. Li- 
 cinius and L. Sextius (A. U. C. 377). Livy tells us 
 (VI. 35) it limited the possession of land to five hundred 
 acres at the most. This law was first violated by Li- 
 cinius himself 4 , and soon wholly eluded : after it had 
 long lain neglected, Tiberius Gracchus revived it 
 (A. U. C. 621), with this modification, viz., that, whilst 
 five hundred acres was the maximum allowed to any indi- 
 vidual, his sons might each hold two hundred and fifty, 
 and enacting that a compensation should be made for 
 whatever should be taken from proprietors for the pur- 
 pose of reducing their possessions to this amount. It 
 is difficult to decide 5 , from the chief testimonies of the 
 ancients themselves on this subject, whether these laws 
 of Licinius and Gracchus had respect to the tenure of 
 public lands only, or of land in general, as some recent 
 writers are inclined to think. Other agrarian laws, 
 such as the Flaminian (A, U. C. 522), respecting the 
 ager Picenus 6 and the Flavian (A. U. C. 695), were 
 different in kind from these two. 
 
 1) Cf. Vertot. Hist, des Revol. de la Rep. Rom. liv. 7. 2) Cf. 
 Appian. de B. C. 1, 7 ; Nieb. v. 1. p. 116 and 450; v. 2. p. 350. 
 3) On these laws see, among other authors, Sigon. de A. J. It. 2, 
 2; Heyne Opusc. Acad. v. 4 ; Vertot. Hist, des Revol. liv. 7-9; 
 Nieb. v. 2. p. 349. sqq. 4) Liv. 7, 16. 5) To the passages 
 
 of Livy and Appian, already referred to, add Plutarch in his Life of 
 Tiberius, and Lives of the Gracchi, p. 827. I conceive that Livy 
 must have known, better than any one now living, the condition, 
 tenure, and so forth, of the ager publicus, and thought he should be, 
 
144 ROMAN ANTIQUITIES. [chap. ii. 
 
 and intended to be, understood by his readers. I deem, therefore, 
 that he is speaking of land at large, and that there is consequently 
 little reason why the passage of Appian should be emended to suit 
 Niebuhr's notions (see Creuzer $ 154). If Niebuhr's view be cor- 
 rect, I, for my part, do not see how the Lex Sempronia can have 
 long defended the poor. For how much of the public land in Italy 
 would have remained for them, if every rich man might have five 
 hundred acres of it to his own personal share, and each of his sons 
 hold two hundred and fifty acres more ? 6) See Polyb. 2, 21 ; 
 Cic. de Legg. 3, 9 and 20. 
 
 135. As the patrician order took its rise from the 
 paires or senators created by Romulus, so the eques- 
 trian originated in the three centuries of knights ap- 
 pointed by the same king to act as his body-guard 
 (364), namely, the Rhamnenses 1 , Tatienses or Titi- 
 enses, and Luceres. He is said to have called them 
 by the common name of Celeres, either from their tri- 
 bune Celer, or as being employed whenever despatch 
 was requisite 2 . That these knights were selected from 
 the most eminent citizens, and consequently patricians, 
 although not known for certain, appears probable, from 
 the circumstance of their having furnished their own 
 horses. After each century of these Celeres had been 
 increased to the number of three hundred 3 , Tarquinius 
 Priscus added as many more, chosen, it is believed, from 
 the plebs, still, however, retaining the original names of 
 the centuries 4 . From that time there were one thousand 
 eight hundred knights, and the Rhamnenses, Tatienses, 
 and Luceres were divided into primi and secundi. When 
 Servius Tullius altered the constitution of the army and 
 public assemblies, he added twelve new centuries to 
 these six 5 , ordering that they should all vote with the 
 first classis, and assigning them horses at the public 
 expense, whence arose the expression " equo publico 
 merere 6 ." We also find that after the expulsion of the 
 kings the cavalry were selected from the descendants 
 of these original knights, as also were the cohorts of 
 cavalry attached to the legions, although the military ser- 
 vice had then been placed on quite a different footing 7 . 
 
sect. 136.] ROMAN ANTIQUITIES. 145 
 
 1) Ramnenses (rh.) were also called Rhamnes, as in Prop. 4, 1. 
 31 : " Hinc Titiens Ramnesque viri, Luceresque coloni." Cf. Hor. 
 A. P. 341 : " Celsi praetereunt austera poemata Ramnes ;" where 
 Ramnes stands for Equites in general. 2) See Fest. in Celeres, 
 Plut. in Rom. ; Ovid. Fast. 4, 837. 3) Or two hundred ? Cf. 
 
 Cic. de Rep. 2, 20. 4) See Liv. 1, 36. 5) Niebuhr,-vol. 1. 
 p. 264, suspects that Livy was wrong in asserting the addition of 
 twelve centuries to the six, each of three hundred men at arms, 
 existing at the death of Tarquinius Priscus. We may be allowed to 
 doubt this. If Livy be right, he will be a good authority also for 
 such as conceive that there existed from the first two ranks of 
 knights ; in one of which they find the origin of the equestrian 
 order of aftertimes. Cf. Cic. de Republ. 2, 20 and 22. 6) See 
 
 Liv. 1, 43 ; cf. 5, 7, and 10, 16. 7) Cf. Cic. de Rep. 2, 20 ; 
 
 Polyb. 6, 18. 
 
 136. Thus, from the very commencement of the Ro- 
 man state, we have a class or order of citizens acting as 
 cavalry ; and this class was progressively augmented, 
 as the city increased in numbers and extent, by the in- 
 corporation, if not of the numerous descendants of the 
 original knights, certainly by the occasional addition of 
 new families: it was also composed of both 1 patricians 
 and plebeians, a fixed amount of property being re- 
 quired as a qualification, which, I am inclined to believe, 
 was the reason of its voting with the centuries of the 
 first class ( 144). This class, however, although eminent 
 for its wealth, and by the honour of knighthood, which 
 continued hereditary in some families for centuries 2 , 
 does not appear to have enjoyed any distinctive rights 
 whereby it could form a middle estate between the 
 senate and people ; nor does it appear to have been 
 distinguished from the plebs in any other way than 
 that it acted in war as cavalry, not infantry 3 . But the 
 case became very different after it had obtained the 
 well-known privileges of the equestrian order, which 
 was not until their name had become merely hereditary 
 instead of indicative of their actual duty ; that is to say, 
 when the custom, by which the legionary cavalry was 
 composed solely of them, had been repealed or had 
 fallen into disuse. Although many are found even after 
 
 L 
 
146 ROMAN ANTIQUITIES. [chap. ii. 
 
 that time to have served on horse at the public expense, 
 I believe it cannot be shown that such service was any 
 longer compulsory 4 . 
 
 1) Cf. Creuz. 88. 2) Cf. Nep. in Att. c. 1. 3) I have 
 
 here attempted to hold a middle course between the statements of 
 the ancients, which are sadly confused on this point, and the over- 
 subtle distinctions of critics of our day. My account is general, and, 
 as such, will, I trust, be found tolerably correct. The whole ques- 
 tion concerning the Roman knights is, however, to this day, involved 
 in obscurity. Niebuhr is among the latest writers who have adopted 
 the new views on the subject. Cf. Creuzer. 87. sqq. 4) Cf. 
 Beauf. v. 1. p. 148 and 153. 
 
 137. The equestrian order, it is to be observed, was 
 indebted for its privileges to its good fortune, and to 
 its importance to those who, in order to defend the 
 rights of the people against the encroachments of the 
 senate, endeavoured to make it serve as a check upon 
 the latter. With this view, it was natural for the 
 tribunes of the people especially^ to obtain of the 
 people certain advantages and honours for the eques- 
 trian order, that the latter, being closely knit together 
 in defence thereof, might prove the sturdier opponents 
 of the senate, and champions of the popular interest. It 
 was with no other view than this that C. Gracchus, 
 A. U. C. 632, transferred the judicial power to the eques- 
 trian order 1 : Sylla, indeed, restored it to the senate, but 
 it was soon after shared between the two ( 269). At 
 the same time the knights began to form companies for 
 farming the public revenues ( 393), and were, in con- 
 sequence, called publicani and publicanorum ordo; in 
 which capacity they were looked upon with great re- 
 spect 2 . I do not, however, think that the knights were 
 allowed to farm the revenues to the exclusion of all 
 others, and it is certain that they did not all engage in 
 such speculations 3 . That very many of them however 
 did so is not to be wondered at, considering that they were 
 mostly men of wealth, and at liberty to turn that wealth to 
 
sect. 138.] ROMAN ANTIQUITIES. 147 
 
 account in the way of business ; whereas it was not 
 only considered disgraceful for senators, but these were 
 positively forbidden by law ( 383) to engage in any lu- 
 crative pursuit. The insignia of honour peculiar to the 
 knights, were a charger, furnished at the public ex- 
 pense 4 , the angustus clavus 5 , a golden ring, (whence the 
 expression annulo aureo donare, 6 ) and, what afterwards 
 became their more peculiar distinction, a certain place 
 in the theatre 7 , assigned to them by the Lex Roscia, 
 A.U.C. 687. The expression in quatuordecim (sc. sedi- 
 Hum ordinibus) seder e, arose from this privilege 8 , which 
 was afterwards allowed them at all public spectacles, 
 as in the games of the circus 9 . It is uncertain when 
 the golden ring and the angustus clavus were bestowed 
 on the order. The allowance of a charger was origi- 
 nally made in consideration of their military services. 
 Some are of opinion that even after these had ceased to 
 be required, the charger continued to be granted them 
 by the censor, agreeably to the ancient practice. 
 
 1) Cf. Beauf. p. 148; Plin. 33, 1 : "Quod antea militares equi 
 nomen dederant, hoc nunc pecuniae judices tribuunt ;" a very ob- 
 scure expression. Sen. de Benef. 3, 7 : " Judex ex turba selecto- 
 rum, quem census in album et equestris hereditas raisit." 2) Cic. 
 ad Div. 13, 65 : " Ex sociorum gratia, hominum amplissimorum, 
 maximum fructum capies." Idem pro Plane, 9 : " Flos enim Equi- 
 tum Romanorum, ornamentum civitatis, firmamentum reipublica; 
 publicanorum ordine continetur." Cf. Cic. p. Rab. P. 1 and 2. 
 3) Cf. Cic. 1. c. 4) Cf. Ovid. Trist. 4, 1, 71, and 2, 89 and 541 ; 
 See Beauf. p. 153. sq. 5) Cf. Ovid. Trist. 4, 10, 35. 6) See 
 Suet. Caes. 33 and 39 ; Tac. Hist. 1, 13 ; Hor. Sat. 2, 7, 63 ; Juven. 
 11, 42. 7) See Liv. Epit. 1. 99. Cf. Hor. Ep. 1, 1, 62; Juven. 
 
 3, 159. Cf. Veil. 2, 32. 8) Suet. Cass. 39, says of Laberius, a 
 
 knight, " Sessum in quatuordecim e scena per orchestram transiit." 
 Plin. 33, 2 : " Jus in quatuordecim ordinibus sedendi." 9) Cf. 
 Tac. Ann. 15, 32. 
 
 138. Thus, even in the time of the Gracchi, we find 
 the equestrian order differing from what it originally 
 had been, in that it was no longer bound to military 
 service, enjoyed many advantages and honours, and 
 
 l2 
 
148 ROMAN ANTIQUITIES. [chap it. 
 
 formed, as Pliny says, a third estate in the Republic, 
 next in dignity to the senate, and, in the opinion of 
 antiquarians, a seminary for it 1 . Hence a degree of 
 splendour was attached to the very idea of a knight, 
 and splendidus became one of the titles of the order ; 
 besides which the knights had various distinctions 
 among themselves. And this was very naturally so ; 
 for as the members of their order differed one from 
 another in antiquity of descent and illustrious birth, 
 even when the order was purely military, much greater 
 were the differences after the change we have mentioned 
 took place. Many, for instance, having gained admis- 
 sion to it only on the score of wealth, were not un- 
 reasonably held in a certain degree of contempt as 
 upstarts by others in whose families the dignity was 
 hereditary 2 . The horsemen who served in the legions 
 were totally distinct from either of these kinds of 
 knights, and were in no way connected even with the 
 new species of knights we have mentioned 3 . 
 
 1) Cf. Beauf. p. 148 and 150; Plin. 33, 2: " Judicum autem 
 adpellatione separari eum ordinem primi omnium instituere Gracchi, 
 discordi popularitate in contumeliam senatus ; mox, ea debellata, 
 auctoritas nominis, varioseditionum eventu, circa publicanos substitit, 
 et aliquamdiu tertiae vires publicani fuere. M . Cicero demum sta- 
 bilivit equestre nomen in consulatu suo, ei senatum concilians, ex eo 
 se ordine profectum celebrans (cf. Cic. ad Att. 1, 17.), ejusque vires 
 peculiari popularitate quaerens. Ab illo tempore plane hoc tertium 
 corpus in republica factum est, ccepitque adjici senatui populoque 
 Romano et equester ordo, qua de causa et nunc post populum scri- 
 bitur, qui novissime cceptus est adjici." For other names of the 
 knights, see 364. 2) Cf. Ovid. Trist. 4, 10, 7 ; Am. 3, 8, 8, 3, 
 15, 5 ; Nep. Att. c. 1. 3) Cf. Beauf. p. 150. 
 
 139. We see then that, as in the case of the pa- 
 trician, so in that of the equestrian order, some 
 belonged to it by descent, others merely by admission ; 
 but a certain amount of property was indispensable in 
 both cases. "What the amount originally may have been 
 is uncertain; it is natural, however, to conceive that it 
 must have exceeded that of the first class ( 144), or, at all 
 
sect. ]39.] ROMAN ANTIQUITIES. 149 
 
 events, not have been less than it 1 . Under the new sys- 
 tem, it is known to have been four hundred sestertia 2 ; 
 which amount of property it was requisite, in the time 
 of Tiberius, that not only the individual himself should 
 possess, but that his father and grandfather before him 
 should have owned 3 . It was not, however, the mere 
 fact of possessing this property, nor of having other dis- 
 tinctions considered essential to a knight, that con- 
 ferred the dignity ; for none might be elected but such 
 as boasted of all together. The selection of the knights, 
 which at first was claimed by the kings, was afterwards 
 vested in the censors, who examined into the qualifi- 
 cations of the knights as well as of the other citizens, and 
 held a yearly review and lustration of the whole order. 
 The ceremony of this review, which was continued after 
 the order had been changed in the way described, was 
 called transvectio*. On the ides of May, all the 
 knights wearing garlands of olive, arrayed in the tra- 
 bea palmata, and whatever military decorations they 
 might have won, rode from the temple of Honour to the 
 Capitol 5 : on their reaching which, it was the custom, 
 every fifth year, for each knight, leading his horse, to 
 stand before the censor as he sat in his curule chair 
 ( 185). If he was satisfied with the person, he bade 
 him pass on 6 (traduc equum); those whom he considered 
 to be disreputable characters or knew to have impaired 
 their estate below the requisite amount, he cashiered, 
 commanding them to sell their horses 7 . A minor mark 
 of censure called impolitic^ nota was inflicted on such as 
 appeared with chargers in ill condition 8 . The knight 
 whose name stood first on the censor's roll of the order 
 was styled Princeps Juventutis : which title is found on 
 coins, and, under the Emperors, was appropriated to 
 the Caesars, or heirs apparent to the throne. Some 
 have asserted, indeed, that the title was first introduced 
 by Augustus 9 . In the selection of knights, regard was 
 
150 ROMAN ANTIQUITIES. [chap. ir. 
 
 had to age and birth as well as to property. Augustus 
 ordered that the requisite age should be eighteen years ; 
 what it was under the Republic is uncertain. With 
 respect to birth, we have already said that both pa- 
 tricians and plebeians were admissible ; under the 
 Caesars, even freedmen sometimes received the honour 10 . 
 
 1) Cf. Cic. de Rep. 2, 22. 2) See Plin. 33, 2 ; Juven. 1, 106 ; 
 Hor. A. P. 382 ; Sen. de Benef. 3, 7. 3) Plin. 1. c. 4) See 
 Beauf.p. 152. Cf. Liv. 9extr. ; Suet. Cal. 16 ; Dionys. 6, 13, who traces 
 the origin of the transvectio to the fight at the lake Regillum, and 
 ascribes its institution to the Dioscuri, who, according to the legend, 
 appeared fighting on the side of the Romans. 5) Cf. Dionys. 
 1. c. 6) Cf. Cic. p. Cluent. 48. 7) Vende equum. See Gell. 
 4, 12 ; Liv. 45, 15 : "Plures, quam a superioribus, et senatu emoti 
 sunt, et equos vendere jussi." 8) Id. 4, 20. 9) Cf. Tac. Ann. 
 1, 3; Beauf. v. 1. p. 154. 10) Cf. Tac. Hist. 1, 13, 2, 57. See 
 Weber on Juven. 7, 13. sqq. ; Suet. Galba 14. 
 
 OF PATRONS AND CLIENTS. 
 
 140. The division of the Roman people into Patrons 
 and Clients, like most other of the earliest institutions 
 of Rome, is commonly ascribed to Romulus. He, ac- 
 cording to Dionysius 1 , improving on the Thessalian 
 and Athenian system, united the patricians and ple- 
 beians by a link of mutual kindness, calling the former 
 Patrons, and the latter Clients, as being liegemen to 
 the former 2 , at the same time marking out their respec- 
 tive duties : the patrons were to answer for the clients 
 ( 271) in all cases of law 3 , and insure them from molest- 
 ation in all matters, public and private ; they were to 
 defend them when absent, and even give them a pre- 
 ference over their own kinsmen 4 . Clients, on their 
 part, were to show the greatest reverence and attach- 
 ment to their patron, not sparing their means for re- 
 lieving him from poverty, and for maintaining his rank. 
 
 1) Dionys. 2, 9. Cf. Cic. de Rep. 2, 9. 2) Cf. Serv. ad Mn. 
 6, 605; Lyd. 1, 20. 3) Cf. Hor. Ep. 1, 1, 103; Od. 3, 5, 53. 
 4) Gell. 5, 13. 
 
sect. 141.] ROMAN ANTIQUITIES. 151 
 
 141. This intimate connection, which, in the earliest 
 ages of Rome was held most sacred 1 , introduced, in 
 course of time, the well-known duties of clients, by 
 which they were bound to call their patron, rex 2 , to 
 attend his levees 3 , to escort him to the Forum and to 
 the Campus Martius, and make little presents to him- 
 self, his children, or household 4 ; with other similar 
 attentions. The patron, in turn, used to give a daily 
 dole, sportula, to attentive clients 5 , consisting of food, 
 and sometimes money ; occasionally he would invite 
 them to his table (464). The petty and insulting 
 liberality displayed in the latter way, has been indig- 
 nantly satirized by writers of the times 6 . 
 
 The clientship was hereditary; and it became a 
 point of honour with the nobles to have as many clients 
 as possible 7 . When, however, the rights of the plebs 
 and the patricians had been equalized, this relationship 
 became not so much a bond between the two orders as 
 between humble individuals and their more powerful 
 fellow citizens ; nor was it any longer confined to citi- 
 zens, but we find cities and entire provinces 8 in the 
 clientship of Roman families : the Bononienses, for 
 instance, were clients of the Antonii 9 ; the Siculi, of 
 the Marcelli 10 ; the Allobroges, of the Fabii 11 ; the 
 Lacedaemonians, of the Claudii 12 . 
 
 1) Lex XII Tabb. : " Patronus si clienti fraudem faxit, sacer 
 esto." Cf. Virg. iEn. VI. 605. 2) Cf. Hor. Ep. 1, 7, 37 : " Rex- 
 que paterque audisti coram;" and Ep. 1, 17, 43; Juven. 1, 135. 
 3) Mart. 4, 8 : " Prima salutantes atque altera continet hora ; ex- 
 ercet raucos tertia causidicos." Cf. Juven. 1, 126 ; Hor. Ep. 1, 7, 8 : 
 Epod, 2, 7 ; Virg. G. 2, 461. 4) Cf. Juven. 3, 186 ; Hor. Od. 2, 
 18, 17. 5) See Juven. 1, 94. sqq. ; 3, 249. 6) Cf. Juven. 
 
 Sat. 5; Sat. 1, 94, 3, 183 ; Carmen in Pis. v. 114. 7) Cf. Lyd. 
 
 1,20. 8) See Nieup. 1, 4, 3. 9) Cf. Suet. Aug. 1 7. 10) Cf. 
 Cic. Divin. $ 1. 11) Cf. Juven. 8, 13; S lill.Cat. 37. 12) Suet. 
 Tib. 6. 
 
152 ROMAN ANTIQUITIES. [chap. ii. 
 
 OF THE TRIBES AND CURIAE. 
 
 142. That Rome (46 and 135) was, in the earliest 
 times, divided into the three tribes of the Rhamnenses, 
 Tatienses, (Titienses or Tities,) and Luceres 1 ; each of 
 these being subdivided into ten curiae 2 , is so unani- 
 mously asserted by the ancients, that, although we may 
 doubt what is asserted of Romulus with respect to them, 
 we cannot call the fact itself in question 3 . The origin of 
 the most ancient of the three was naturally ascribed 
 particularly to him. Livy has left us in uncertainty as to 
 whether he believed the distinction of tribes to have 
 been formed by Romulus, or not to have existed at all 
 before the time of Servius : for, in I. 13, he mentions the 
 curies of Romulus without mentioning tribes. In 1. 43, he 
 considers the Servian tribes to have been so called from 
 the tributum they furnished 4 ; and yet, in the same 
 passage 5 , he derives the names of the centuries of 
 knights from those of the tribes we have mentioned, 
 and in X. 6, gives those same names as distinctive of the 
 three ancient tribes. The truth most likely is, that 
 each century being drawn from a distinct tribe, bore the 
 name of that tribe, and that the institution of the tribes 
 and centuries was simultaneous. The plan, however, 
 of this division into tribes is obscure ; and it may be 
 asked whether they were locally distinct, each possess- 
 ing a distinct quarter of the city 6 , and, again, whether 
 the distinction applied only to genuine born citizens, or, 
 indiscriminately, to all who bore the name of citizens ; 
 or, again, whether it did not rather depend on their 
 residence in a particular district. That the division 
 was, however, peculiar to the populus, seems most 
 probable from the names of the tribes, and from other 
 considerations. It is a generally received opinion 7 that 
 the Rhamnensian tribe, comprising the Romans, properly 
 
sect. 143.] ROMAN ANTIQUITIES. 153 
 
 so called, had its origin from Romulus; the Tatian, 
 consisting of the Sabines, from Tatius ; and the Lu- 
 ceres, comprising all other citizens, from a chieftain 
 named Lucumon, or from a grove, lucus s , in which 
 Romulus is reported to have opened an asylum 9 for 
 refugees, who came to settle in his dominions. Modern 
 interpreters, however, think that their subtle conjec- 
 tures are wonderfully borne out by Volumnius 10 , who 
 makes those names to have been Tuscan 11 . It is said 
 that Romulus set over each tribe a tribune (<j>v\ap%09) 9 
 and a curio over each curia 12 . Livy and others as- 
 sert that the names of the several curiae were taken 
 from those of the Sabine women forcibly seized by the 
 Romans 13 . 
 
 1) Cf. Prop. 4, 1, 31. 2) Fest. says they were so called 
 
 from cur a ; and so also, apparently, Varro, de L. L. p. 37 ; 
 others prefer to derive the name from Kvpia. 3) See Dionys. 
 2, 7. 4) Cf. Ascon. ad Cic. Verr. 1, 5. 5) "Sex item 
 
 alias centurias, tribus a Romulo institutis, sub iisdem, quibus in- 
 auguratai erant, nominibus fecit." 6) Cf. Onuphr. Panv. Thes. 
 
 Grsev. v. 3. p. 347. 7) Cf. Cic de Rep. 2, 8. 8) See Onuphr. 
 1. c, Liv. 1, 13 : " Lucerum nominis et originis causa incerta est." 
 9) Liv. 1, 8. 10) Quoted by Varro de L. L.4, 9. 11) See 
 Niebuhr, v. 1. p. 225. This writer has persuaded himself that 
 originally only one tribe, consisting of patricians, who were at the 
 same time priests, was represented in the senate by a hundred of 
 its members, and he argues that the name Luceres, shows that these 
 were priests : that they should be so called [" Luceres, quasi luger 
 (lucken, etc.,)" to look into futurity], he considers probable, from 
 the circumstance that the patricians claimed as peculiar to them- 
 selves the right of prying into the future by consulting the auspices 
 (see 80 and cf. Nieb. p. 88). Why may we not, with as good 
 reason, say the name meant liars, (lugen, to lie), as being men who 
 deceived the plebs by this means, a sense consistent enough with 
 the practice of the diviners ? Niebuhr, p. 227, conjectures, with yet 
 greater boldness, that the Tities were so called quasi trities, as 
 being the third order or cast in the state ; the letter r, he says, was, 
 perhaps, elided by the Etruscans in the number ter, as well as in 
 other known instances. 12) Dionys. 2, 7. 13) Liv. 1, 13. 
 
 Cf. Cic. de Republ. 2. 8. 
 
 143. Servius Tullius, either preserving the ancient 
 names of the tribes, or, as it would appear from Livy 
 
154 ROMAN ANTIQUITIES. [chap. ii. 
 
 (142), giving them new ones, divided 1 the city into 
 four regions, and the ager Romanus, as is generally 
 thought, into sixteen (though some are now inclined to 
 think the division was into twenty-six 2 ), called the rustic 
 tribes. Whether each of the city regions belonged 
 originally to a distinct order or clan, is questioned by 
 some 3 ; it is, at all events, certain, that afterwards the in- 
 habitants dwelt promiscuously in them. These regions 
 of the city were named from local peculiarities ( 46) ; 
 the rustic 4 were, most of them, named after the houses 
 (492), gentes, settled in them. The city districts, 
 which were at the first inhabited by the more noble 
 citizens, becoming crowded in course of time with the 
 rabble of the forum 5 and freedmen 6 , who were only at a 
 late period (A. U. C. 584) confined to the Esquiline 
 district, were considered less respectable, most of the 
 wealthier men enrolling themselves in the rustic tribe in 
 which their farms happened to lie 7 . In the year U. C. 
 512, we find the number of the tribes increased to thirty- 
 five 8 , new ones having been added at various periods. 
 Whether eight, or, as some think, ten others were added 
 to these after the social war ( 66), but existed only 
 for a very short time, is one of the most difficult ques- 
 tions in the whole range of Roman Antiquities 9 . The 
 number of the curias, however, suffered no variation, 
 inasmuch as they, if not from the first, at all events from 
 a very early period, comprised only such as lived within 
 the walls, and were in no way connected with the Ser- 
 vian division of the tribes. In the rustic tribes, sub- 
 divisions are mentioned called pagi (whence pagani), 
 which had each its own magistrate, an asylum, a tute- 
 lary deity, and festivals in its honour called paganalia 10 . 
 Hence the term pagan came to be applied to idolaters. 
 The pagani are sometimes spoken of in contradistinc- 
 tion to soldiers 11 . 
 
 1) See Dionys. 4, 14. 2) Cf. Nieb. v. 1. p. 255; Beauf. In- 
 
sect. 144.] ROMAN ANTIQUITIES. 155 
 
 certit. p. 2, c. 6 ; Dionys. 4, 15. 3) Cf. Nieb. p. 237. 4) Beau, 
 fort places the following rustic tribes in the ager Romanus : ^Emilia, 
 Claudia, Crustumina, Cornelia, Fabia, Galeria, Horatia, Lemonia, 
 Menenia, Papiria, Pollia, Papinia, Vejentina, Romilia, Sergia, Ve- 
 turia, Voltinia ; and the following out of the ager Romanus : Ar- 
 niensis, Falerina, Maecia, Ufentina, Poblilia, Pomptina, Sabatina, 
 Scaptia, Stellatina, Tromentina, Aniensis, Quirina, Terentina, Ve- 
 lina ;" the locality of them he considers uncertain. Respecting each 
 tribe, separately, consult Onuphr. Panv. Civit. Rom.; Thes. Grsev. 
 vol. 1. p. 352. sqq. A short conspectus of them may be seen in 
 Beaufort, vol. 1. p. 168. sqq., where he has given two tables of the 
 city tribes, and two of the rustic ; one of the latter exhibiting the 
 tribes in the ager Romanus, and the other those which were out of it. 
 5) See Liv. 9, 46. 6) Id. Epit. 1. 20. 7) Cf. Plin. 18, 3. 
 
 8) This has been inferred from Liv. Epit. 1. 19, where it is stated 
 that the Velina and Quirina were added to the existing tribes. Cf. 
 Ascon. ad Cic. Verr. 1, 5; Cic. Agrar. 2, 7; Phil. 6, 5. and 
 see Schulze Volksversamml. der Roemer, p. 40. sqq. 9) Ac- 
 cordingly Creuzer, 70, has thought it doubtful whether any such 
 addition was ever made. Those who maintain that it was, natu- 
 rally refer to the names of tribes mentioned by the ancients, but 
 which either cannot be referred at all, or on no sure grounds, to 
 the original thirty-five. See the discussion on this subject in 
 Onuphr. Panv. de Civ. Rom. c. 51. (Thes. Graev. v. 1. p. 377 
 sqq. Cf. Sigon. de Ant. Jure Italiae, 3, 1. (ib. v. 2. p. 491. sqq.) 
 10) Cf. Dionys. 4, 15. 11) Cf. Juven. Sat. 16,32; Suet. Galba, 
 19;' Tac. Hist. 1,53. 
 
 CLASSES AND CENTURIES. 
 
 144. Servius Tullius, the author of the division we 
 have just been considering (142), made another clas- 
 sification of the Roman citizens according to their cen- 
 sus, i. e. property ( 75), whereby each individual 
 having stated on oath the amount of his property, six 1 
 Classes 2 were formed of the whole people, these classes 
 being subdivided into centuries in the following man- 
 ner 3 : 
 
 The census of the first class being fixed at one 
 hundred thousand asses, centum millla ceris* or assium 
 ( 387), contained eighty centuries, viz., forty of seniors, 
 and as many of juniors ; to which were added twenty- 
 two centuries of knights, and, according to Livy, two 
 of artizans, fabri 5 , which Dionysius Halic. however 
 reckons under the second class. 
 
156 ROMAN ANTIQUITIES. , [chap. ii. 
 
 The census of the second was seventy-five thousand 
 asses ; its centuries were twenty in number, ten of 
 seniors and ten of juniors. 
 
 The census of the third was fifty thousand asses ; 
 its centuries the same as those of the second. 
 
 The census of the fourth was twenty-five thousand 
 asses ; its centuries the same as those of the second and 
 third 6 . 
 
 The census of the fifth was eleven thousand asses ; 
 it contained thirty centuries, fifteen of seniors, and as 
 many of juniors. To these Livy added the accensi*, 
 and the musicians whom Dionysius asserts to have 
 belonged to the fourth 9 . 
 
 The sixth class comprised all whose property fell 
 short of that of the fifth, and it formed only one century. 
 This century was composed of those called proletarii 10 , 
 as being men who merely furnished offspring to the 
 state, and of the capite censi, so called as being merely 
 polled as citizens, having no property, or from paying 
 merely the personal tax(?). Both these were excluded 
 from military rights, and were exempt, either both, 
 or only the latter, from payment of taxes and contri- 
 butions 11 . No distinctive appellation is known to have 
 belonged to the rest of the citizens composing this 
 sixth class 12 . 
 
 1) Some writers do not reckon a sixth class (cf. Liv. 3, 30) ; and 
 Gellius, 7, 13, asserts that only the citizens of the first were called 
 classici. Hence the expression classic authors, i. e. first rate (cf. 
 Gell. 19, 8). 2) Dionys. Halic. 1. c. asserts the etymology of 
 the word to be kKtigiq or kXclgiq. Cf. calata and nomenclator. 
 3) See Dionys. 4, 15; Liv. 1,43. 4) Dionysius (4, 16) states 
 
 that the census of the first class was not less than one hundred 
 minas or ten thousand drachmae, which are equivalent to as many 
 denarii, i. e. one hundred thousand asses. Thus Livy, 1, 43, and 
 Dionysius are agreed in their numbers ; but in order that their 
 calculation may also agree in value, either the mina must have 
 been considered by Dionysius equivalent to one thousand asses, 
 librales, such as were current in the time of Servius, or Livy must 
 speak of the asses semunciales (387), such as were current in his 
 time. But it is not clear how the former can have been meant by 
 
sect. 144.] ROMAN ANTIQUITIES. 157 
 
 Dionysius ; and, on the other hand, one hundred thousand asses sc* 
 munciales were equivalent to 4166 asses librales, a number which 
 no one will believe to have been fixed on by Servius. Hence itfo 
 lows that either Livy spoke of asses librales, or that he did not specify 
 the same sum as Dionysius. The computation, however, of money 
 by the comparison of a silver with a copper currency, is a difficult 
 problem, the solution of which has been variously attempted. Nie. 
 buhr deserves in particular to be consulted on this subject (vol. 1. p 
 268. sqq.). 5) Cf. Cic. de Rep. 2, 22. 6) Livy makes no men- 
 tion of seniors and juniors in the fourth and fifth classes, but thev 
 are found in Dionysius. 7) Dionysius says the census of this class 
 was exactly half that of the preceding. 8) Cf. Liv. 8, 8 and 10 
 9) Livy calls them cornicines and tibicines (tubicines ?) ; Diony 
 sius aaKmardQ, and TVfnravKrraQ, or (HvKavicrag. Cf. Cic. de Rep. 2, 
 22. 10) Cf. Gell, 16, 10; Cic. de Rep. 2, 22. 11) Cf. Gell 
 16, 10 ; Dionys. 4, 18 ; Niebuhr, vol. 1. p. 267 and 280. 12) Nie- 
 buhr, observing this, was induced to think that all were called pro 
 letarii who were not capite censi. This, however, is inconsistent, 
 as he himself saw, with the statement of Gellius, who says that the 
 capite censi were those whose property did not exceed three 
 hundred and seventy-five (or three hundred and eighty) asses, and 
 the proletarii, those who possessed above that amount but less than 
 one thousand five hundred. Cicero also is against him (de Rep. 2, 
 22), asserting all to have been proletarii, who either had not more 
 than one thousand five hundred asses, or who were citizens only as 
 being persons, (aut omnino nihil in suum censum praeter caput at- 
 tulissent,) and that they received their name from Servius Tullius, as 
 being those of whom no contribution to the state was to be ex- 
 pected but that of their offspring (ut ex Us quasi proles, id est 1 
 quasi progenies civitatis exspectari videretur) . That these prole- 
 tarii were, at all events originally, exempt from tribute, whilst the 
 wealthier members of the same class were not, appears evident 
 from the distinction of the citizens with respect to the pay- 
 ment of tribute into assidui (i. e. asses dantes), or locupletes, and 
 into proletarii opposed to them, as furnishing offspring, prolem 
 dantes, and not money : this distinction has been confirmed by a 
 new authority from Cicero. (Cf. Cic. 1. c. and Gell. 16, 10 ; see 
 also infr. 261 .) Here, then, we see a reason why the proletarii 
 should have a distinctive name, but none why the richer portion of 
 the class to which they belonged, coming under the general title of 
 assidui, should have another. I am inclined, however, to think 
 that the capite censi were originally the same with the proletarii, 
 who, as they furnished nothing to the state, were supposed to have 
 nothing, and so might reasonably be said to be citizens only by poll, 
 capite censi. If I am right herein, we may infer, with some show of 
 reason, from Gellius, that afterwards those who possessed from three 
 hundred and seventy-five to one thousand five hundred asses, being 
 rated by that property, paid some small contribution to the state, 
 still retaining, however, the name of proletarii, that of capite censi 
 becoming thenceforth peculiar to the still poorer portion of their 
 class. 
 
J58 ROMAN ANTIQUITIES [chap. u. 
 
 145. A contribution to the state was exacted from 
 the citizens in proportion to the amount of property at 
 which they were rated ; it consisted in different sums 
 which Servius Tullius ordered to be paid at the festa 
 paganalia by every man, woman, of full age, and by all 
 youths who had attained to puberty \ The main object, 
 however, which this wise monarch had in view when he 
 devised this classification of his people, was to divide 
 the popular power between the patricians and the 
 plebeians, by introducing thus far an equality of rights, 
 so, however, as to insure the preponderance to the 
 wealthier portion of his subjects, devolving on them also 
 the care of defending the state : the former he attained 
 by mingling, it would seem, both orders in the classes ; 
 and the latter by imposing contributions on each class 
 in proportion to its means, assigning also to each a 
 fixed post 2 in the line of battle (then called phalanx, 
 371), requiring them to arm themselves in a certain 
 way, and fixing the number of votes each should have 
 in the comitia. The distinction of juniors and seniors 
 which existed down to the latest times in the tribes, 
 ( 163), had a military object. The juniors, all between 
 the ages of seventeen and forty-seven, served abroad ; 
 the seniors, all above the age of forty-seven, stayed at 
 home for the defence of the city 3 . 
 
 Servius, after holding the first census, purified, lus- 
 travit (332), the people 4 (in the Campus Martius?) 
 by sacrificing a sow, a sheep, and a bull. Hence the 
 sacrifice was called suovetaurilia 5 . This, passing into 
 custom, the name lustrum was given to the sacrifice 
 itself, to the census, and to the space of five years, 
 which was the regular time for repeating the whole 
 ceremony. Any period of years whatever was also 
 sometimes called a lustrum 6 . The duty of performing 
 the lustrum, lustri condendi, or holding the census, 
 
sect. 146.] ROMAN ANTIQUITIES. 159 
 
 census agendi, renovandi, was transferred, in course of 
 time, from the kings to the consuls, and finally to 
 special magistrates, called censors ( 197). Part of the 
 ceremony consisted in prayers addressed to the gods by 
 the censors who celebrated the lustrum, beseeching 
 them to prosper and increase the state and fortunes of 
 the Roman people. A shorter formulary is said to 
 have been substituted by Scipio Africanus the younger, 
 and to have been observed even after his time, in which 
 he implored the gods to preserve the fortune and state 
 of Rome for ever intact, seeing that it appeared to him 
 already great enough 7 . 
 
 1) Dionys. 4, 15. 2) Cf. Dionys. 4, 16. sqq. ; Liv. 8, 8 
 
 ( 371.) ; Nieb. v. 1. p. 278. 3) See Dionys. 4, 16. 4) See 
 Dionys. 4, 22. 5) Some prefer solitaurilia ; cf. Hein. App. 54. 
 6) See Ovid, de P. 4, 6, 5 ; Fast. 3, 163 ; Mart. 4, 1, 7 ; Hor. 
 C. Ssec. 67. 7) Cf. Val. Max. 4, 1, 10 ; Brisson. de Formulis, 
 lib. l.p. 97. 
 
 ON THE GOVERNING POWER AND THE 
 COMITIA. 
 
 146. Having seen how the citizens were divided into 
 orders and classes, it remains for us to treat of the 
 governing power, the magistrates, the colonies, and the 
 administration of government in the provinces. 
 
 As long as the Republic continued free, the functions 
 of government were discharged by the senate and 
 people conjointly, although, in the course of time, 
 many modifications were introduced. After the ex- 
 pulsion of the kings, the chief authority was transferred 
 to the consuls presiding in the senate, which was, at 
 first, composed solely of patricians, though the ple- 
 beians were afterwards admitted. Before the time of 
 Servius Tullius, the people (at all events the plebs) 
 possessed scarcely any influence ( 133) : the power 
 
160 ROMAN ANTIQUITIES. [chap. ii. 
 
 which was first bestowed on them by the institution of 
 the comitia centuriata, or, at all events, was exceedingly 
 augmented by that institution, went on increasing as 
 freedom nourished, until an equality of rights between 
 the two orders brought the government nearly to a 
 democracy ( 172). Eventually, civil wars raged under 
 the leaders of factions in the state, and the Republic 
 becoming by degrees inured to the sway of a few, 
 finally submitted to the government of an Emperor 1 . 
 From this conflict for power waged between the senate 
 and the plebs, arose the distinction of optimates and 
 populares. 
 
 1) Cf. Tac. Ann. 1, 1. 
 
 147. The three kinds of comitia may be considered 
 as corresponding in a certain degree to the degrees of 
 power possessed by the people at three different periods : 
 The C. curiata, which were the only kind known till the 
 time of Servius Tullius, belong most properly to the 
 times of monarchy ; the centuriata which were next 
 introduced, still excluded the commonalty from all par- 
 ticipation in power, to which access was afterwards 
 given them by the Lex Valeria Horatia ( 170). The 
 comitia 1 meant an assembly of people holden for the 
 purpose of voting on matters of public interest. This 
 was the particular in which they differed from all other 
 assemblies, which accordingly never bore the name 
 comitia, but were called concilia, condones, or consilia, 
 although these terms were also used of the comitia 2 . 
 The singular form of the word (comitium), properly de- 
 notes the part of the Forum Romanum in which the 
 comitia were held 3 . Youths, and old men above the 
 age of sixty years, were excluded from them on the 
 ground of incapacity 4 ; as also women 5 , municipals who 
 had no vote ( 115), and all who had been degraded 6 
 
sect. 148.] ROMAN ANTIQUITIES. 161 
 
 to the rank of cerarii (see 198). Attendance was not 
 compulsory on any 7 . 
 
 1) From comire, i. e. coire. Hence the terms comitiare, i. e. to 
 offer sacrifice in the comitium, (see Varr., 1. 5, p. 50, quando rex 
 comitiavit, fas, Seal, ad Fest. in quando.), and comitiis creare ; 
 whence comitiatus pro comitiis, as maximus comitiatus, and comi- 
 tiati tribuni ( 366). 2) See Schulz. Volksvers. p. 143. 3) Cf. 
 Liv. 1, 36, 22, 57, 24, 20; Suet. Dom. 8. 4) Varro fragm. 
 
 de Vita Pop. Rom. : " Cum habebant sexaginta annos, turn denique 
 erant a publicis negotiis liberi atque otiosi. Ideoque in proverbium 
 quidam putant venisse, ut diceretur, sexagenarios de ponte dejici 
 oportere, id est, quod suffragium non ferant, quod per pontem fere- 
 batur. Hence senes depontani." Cf. Fest. in depontani and sexa- 
 genarios ; Cic. pro Rose. Am. 35 ; Ovid. Fast. 5, 621-33. 5) Gell. 
 5, 19, " cum foeminis nulla comitiorum communio est." Cf. Liv. 34, 
 2. 6) Cf. Gell. 16, 13. 7) Cf. Schulz. p. 186; Cic. pro 
 
 Sext. 51. 
 
 148. The enactment of laws, and the election of 
 priests and magistrates 1 (whence comitia consularia, 
 prcctoria, etc.), were left to the votes of the people. 
 The laws enacted in the comitia had respect either to 
 private or public rights : votes of war or peace, and de- 
 crees concerning accused persons on whose cases the 
 people might be called to pronounce by their votes 
 ( 263), were distinct from these. Of the magistrates, how- 
 ever, the interrex, the prcefectus urbi, the dictator, and 
 his master of the horse, were independent of the votes of 
 the people. The high-priest, pontifex maximus ( 318), 
 was always chosen by them, and the rest were originally 
 elected by the members of their respective colleges ; 
 but the lex Domitia 2 subjected many (though not all) 
 of these likewise to the public choice. The people 
 were summoned to the comitia by a magistrate; the 
 magistrate who so summoned them, laid before them 
 the matter to be considered, and presided during 
 the assembly 3 . A measure when proposed was said 
 ferri or rogari, i. e. to be brought before the people or 
 begged of them : if passed, it was said preferri or ju- 
 beri : hence the terms legis latio and legis lator*, ro- 
 
 M 
 
W2 ROMAN ANTIQUITIES. [chap. ii. 
 
 gatio, rogator, populum rogare, and others of the same 
 kind which are of constant occurrence. 
 
 1) Cf. Dionys. 2, 14, 4, 20. 2) Cf. Cic. Agr. 2, 7, ad Brut. 5. 
 3) Cf. Liv. 39, 15, 3, 24 and 63. 4) Cf. Cic. ad Att. 1, 14. 
 
 149. Before the existence of the Leges Tabellarice 
 ( 165), the votes were given viva voce at elections, and 
 probably in all matters on which the comitia were held. 
 It was essential to the comitia of all three kinds that 
 they should be holden between sunrise and sunset 1 , and 
 only on certain days, dies comitiales 2 . It is reasonable 
 to suppose that the matter on which the votes were to 
 be taken was previously propounded ,to the people ; 
 that the magistrates 3 , and even private persons 4 were 
 allowed to recommend or oppose it ; and also that notice 
 of holding the comitia was given at a fixed time before- 
 hand ; indeed, the regular meetings of the comitia were 
 called stata, to distinguish them from the extraordinary, 
 calata; which latter name was, after a time, restricted 
 to the comitia centuriata, and not applied even to all of 
 that kind 5 . The proceedings of every description of 
 comitia might be stopped by the interposition, interces- 
 sio, of the tribunes of the people, or of any magistrate 
 of equal authority with the magistrate who had called 
 them ; also by auspices or the cosli spectio, of which we 
 shall speak presently, and by the occurrence of an 
 epileptic fit, morbus comitialis, befalling any person 
 present 6 . The primary distinction between the several 
 kinds of comitia arose from the threefold division of the 
 people, and will presently be considered in each case 
 separately ?: at present it will suffice to notice the fol- 
 lowing particulars. The people were summoned to 
 the comitia curiata by a lictor, to the centuriata by a 
 trumpeter, cornicen 8 , which Schulze, resting his opinion 
 on a passage of Dionysius, suspects either not to have 
 been the custom in the earliest times, or not to have 
 
sect. 150.] ROMAN ANTIQUITIES. 163 
 
 been accurately noticed by later writers 9 ; the curiata 
 could be held only within, the centuriata only without, 
 the tributa both within and without the pomcerium. 
 The sanction of the senate, senatus auctoritas, and 
 previous taking of the auspices, were essential to the 
 validity of the curiata and centuriata ; neither was 
 necessary for the tributa, which were, in all respects, 
 less solemn than the other two : laws approved by the 
 two former were called populi jussa, by the latter pie- 
 biscita; both kinds were graven on brass, and laid up 
 in the treasury, cerarium 10 . In the earliest times, rati- 
 fication by the senate followed the resolution of the 
 comitia, but afterwards that body was compelled to 
 sanction the proceedings beforehand 11 . 
 
 1) Cf. Cic. Cat. 3, 12. 2) Cf. Fest. in comitiales dies. 3) Cf. 
 Liv. 38, 54. 4) Cf. Schulz. p. 245. sqq. 5) Gell. 15, 27 : 
 
 " In libro Laelii Felicis ad Q. Mucium primo scriptum est, Labeonem 
 scribere, calata comitia esse, quae pro collegio pontificum habentur, 
 aut regis aut flaminum inaugurandorum causa iisdem comitiis, 
 quae calata adpellari diximus, et sacrorum detestationes et testa- 
 menta fieri solebant." 6) See Fest. in prohibere ; Gell. 19,2. 
 
 7) Cf. Gell. 15, 27. 8) Cf. Dionys. 2, 8; Gell. 15, 27. 
 
 9) See Schulz. p. 85 ; Dionys. 4, 37, 4, 76, 5, 57. 10) Cf. P. 
 
 Manut. de Legg. Rom., in Thes. Graev. v. 2. p. 113. 11) Cf. 
 
 Dionys. 2, 14; Liv. 1, 17, 6, 42; Cic. Brut. 14. 
 
 150. It here becomes necessary to speak a little more 
 in detail concerning the auspices just mentioned. For the 
 purpose of ascertaining whether the gods were favour- 
 able to the holding of the comitia, the magistrate who was 
 to preside at them, with the aid of an augur, took the 
 auspices on the day on which they were to be held. This 
 magistrate alone had the right of taking them^ws spec- 
 tionis, and of declaring the result, nuntiatio 1 . Whether, 
 however, he was bound to declare the result through 
 the augur, or whether the latter might declare the re- 
 sult alone, but not take the auspices by himself 2 , is a 
 question keenly debated 3 . The formulary of declaring 
 the auspices to be propitious was, silentium esse vifle- 
 
 m2 
 
164 ROMAN ANTIQUITIES. [chap. n. 
 
 tur* f of announcing that the comitia must be deferred 
 (obnuntiatio), was alio die 5 . Although the augur took 
 the auspices only when authorised to do so by the 
 magistrate, he himself decided whether they were or 
 were not favourable. I am inclined, however, to doubt 
 whether it was always thus left to his discretion. But 
 it is certain that the college of augurs might decide 
 whether the comitia had been duly held or not 6 ; and 
 sometimes though consulted long after the transaction 
 had taken place, they nullified the comitia, or declared 
 that magistrates had been unduly appointed, vitio crea- 
 tes; of the latter, repeated instances occur 7. Those 
 whose election was thus declared faulty, were obliged, 
 either by law or by virtue of religious scruples 8 , to ab- 
 dicate their office. 
 
 1) Cf. Schulz. p. 228. 2) Cic. Phil. 2, 32 : " Nos (augures) 
 nuntiationem solam habemus, at consules et reliqui magistratus 
 etiam spectionem." On which Gruchius remarks (de Comit. Rom. 
 ]. 1. c. 4, in Thes. Grsev. v. I. p. 693), " Unde intelligi potest, 
 penes magistratus fuisse auspicia, ita ut ne auguribus quidem fas 
 esset consulere auspicia, nisi a magistratibus jussi essent." Schulze, 
 p. 223, adopts the same opinion. Festus (in spectio), a passage which 
 as Jos. Scaliger asserts, is very corrupt, differs from Cicero : " Quia 
 omne jus sacrorumhabent, auguribus spectio duntaxat, quorum con- 
 silio rem gererent magistratus, non, ut possent impedire nuntiando, 
 quae cum vidissent satis,- spectio sine nuntiatione data est, ut ipsi 
 auspicio rem gererent, non ut alios impedirent nuntiando." 3) Cf. 
 Beauf. p. 200 ; Schulz. p. 223. 4) Cic. de Div. 2, 34 : " Silen- 
 tium dicitur in auspiciis, quod omni vitio caret." Among adverse 
 omens, Pliny mentions, 8, 57, soricis occentus, and ib. 28, 2, dira. 
 5) Cf. Cic. de Legg. 2, 12 ; Phil. 2, 33 ; Schulz. p. 228. 6) Cf. 
 Schulze, p. 223 ; Liv. 8, 1 7 and 30 ; Cic. de Div. 2, 35. 7) Cf. 
 Liv. 4, 7, 8, 15 ; Cic. de N. D. 2, 4 ; de Div. 2, 35. 8) Cf. Cic. 
 1. c, and de Legg. 3, 4. 
 
 151. The auspices for comitia were taken from birds, 
 avium spectio, and from tokens furnished by the sky, 
 cceli spectio, namely, thunder, lightning, murmurings 
 of the wind, or storms ; the person taking them was 
 said servare, or auspicari, de ccelo 1 . The auspices 
 from birds were taken only for comitia, at which magis- 
 trates of a high order were to be elected, and these 
 
sect. 152.] ROMAN ANTIQUITIES. 165 
 
 date from the first origin of Rome 2 : those from the sky 
 served to impede, dissolve 3 , and even annul 4 , vitiare, 
 comitia for the election of inferior magistrates 5 , includ- 
 ing the tribunes of the people 6 , (by a law expressly 
 passed, it is not known at what period, but Schulze 7 is 
 of opinion, not till late), and for passing laws ; provided 
 the magistrate who had the right of taking them gave 
 previous notice 8 that he should do so on the day of the 
 comitia ; and even if he reported them falsely, it was 
 necessary to obey him 9 . Accordingly the tribunes of 
 the people might prevent the proceedings of other 
 magistrates, and these in turn impede theirs by means 
 of the spectio de coslo, for which very reason the aus- 
 pices are praised by Cicero 10 ; and it was on this ac- 
 count that the laws JElia and Fusia, the distinction 
 between which Schulze 11 cannot determine, were as- 
 sailed and abrogated, for a time, at least 12 , about the 
 close of the seventh century of Rome. 
 
 1) Cf. Dio Cass. 38, 15. 2) Cf. Dionys. Hal. 2, 6 ; Liv. 6, 
 
 42. 3) Cf. Tac. Hist. 1, 18. 4) Cf. Cic. Phil. 2, 32; de Legg. 
 2, 12. 5) Cf. Schulz. p. 222 and 238. 6) Cf. Cic. ad Att. 1, 
 16,4,3. 7) Schulz. p. 236. 8) Cf. Cic. ad Att. 4, 3. 9) Cf. 
 Cic. Phil. 2, 33. 10) In Pis. 4, post Red. in Sen. 5. 11) Schulze, 
 p. 236. 12) Cf. Cic. ad Att. 2, 19 ; de Har. Resp. 27, in Vat. 6. 
 sqq., where, 9, he says, " Leges iElia et Fusia etiam inter Syllana 
 arnia vixerunt." See Schulz. p. 238. 
 
 152. The major and minor auspices were so called, 
 however, not from the difference of the rites themselves, 
 but from the difference of rank between the magistrates 
 by whom they were respectively taken ; inasmuch as 
 auspices taken by an inferior were superseded by those 
 taken by a superior magistrate ; hence the higher ma- 
 gistrates were said to possess the right of the greater, 
 the inferior of the less auspices, majorat, aid minora 
 habere. It resulted that a superior magistrate might 
 call the people away from comitia held by an inferior, 
 and thence came the clause regularly inserted in the 
 edicts issued by superior magistrates for holding comi- 
 
166 ROMAN ANTIQUITIES. [chap. ii. 
 
 tia, ne quis magistratus minor de ccelo servasse velit 1 . 
 Owing also to this distinction between auspices, some 
 magistrates were said to be elected by the same 2 , others 
 by different (Gell. loc. cit.) auspices ; which expressions 
 can only imply either diversity in the rites, or equality 
 in the powers of the persons elected 3 . These auspices, 
 whether they had their rise in superstition (321), or 
 were invented for the purpose of deceiving the people, 
 were at first most scrupulously observed, but in Cicero's 
 days they had sunk to an empty form 4 . It now remains 
 for us to consider the manner of holding the several 
 kinds of comitia, which is far better known in the case 
 of the centuriata than of the tributa : as regards the 
 curiata, we are, with the exception of a few particulars, 
 left to mere conjecture. 
 
 1) Gell. 13, 15. 2) Cf. Liv. 3, 55. 3) Cf. Schulz. p. 232. 
 4) Cf. Dionys. 2, 6 ; Cic. de Legg. 2, 12 ; de Div. 2, 3. 34. 35. 
 
 OF THE COMITIA CURIATA. 
 
 153. In the comitia curiata, to which, as has been 
 already ( 149) stated, the people were summoned by a 
 lictor, the votes w r ere. taken curiatim, i. e. each curia 
 furnishing one vote, the matter to be decided having 
 first been stated to them by the presiding magistrate, 
 rogatio. The vote of the majority of individuals in 
 each curia constituted the vote of that curia; the 
 curia which first gave its vote was called principium 1 . 
 The majority of the votes of the curiae decided the 
 question 2 . In the comitia curiata the votes of curiae 
 only were reckoned, which, if not from the very first, 
 certainly after the extension of the Roman territory, 
 comprised only such citizens as dwelt within the walls. 
 Whether, however, the curiae at first consisted ex- 
 clusively of the patrician houses, gentes, or, as seems to 
 me more probable 3 , contained also the plebeian; and 
 
ect. 154.] ROMAN ANTIQUITIES. 167 
 
 whether, in this case, the latter possessed an equal 
 or only an inferior right of suffrage, or none at all, is a 
 very doubtful question, and the most discordant opi- 
 nions have been advanced on the entire subject of the 
 power exercised by the plebeian body in the comitia 
 curiata 4 . 
 
 1) Schulze conjectures that it was decided by lot which curia 
 should first vote, from the circumstance that it was considered an 
 ill omen when the curia Faucia was the principium, as recorded by 
 Livy, 9, 38 : " Atque ei (Papirio, dictatori) legem curiatam de im- 
 perio ferenti triste omen diem diffidit, quod Faucia curia fuit princi- 
 pium, duabus insignis cladibus, captae urbis et Caudinae pacis ; quod 
 utroque anno ejusdem curiae fuerat principium. Macer Licinius 
 tertia etiam clade, quae ad Cremeram accepta est, abominandam 
 earn curiam facit." It is easy to conceive that the order in which 
 every curia voted was decided by lot, as well as which should vote 
 first. 2) Cf. Beauf. v. 1. p. 177. 3) Cf. Li v. 9, 38 ; Wachsm. 
 p. 207. 4) Schulze, p. 172, following Niebuhr (cf. Wachsm. 
 
 p. 186), decides that the curiae were composed exclusively of the 
 patricians and their clients : Eichhom, on the contrary (Weltgesch. 
 v. 1. p. 573), is of opinion that, in the curiae, the humblest citizens 
 had equal rights of suffrage with the highest ; but that, in course 
 of time, the tribes took the place of the curiae, consequent on which 
 change was the total exclusion of patricians from the comitia tributa ; 
 Wachsmuth, however, p. 210, asserts that the patricians, owing to 
 some privileges, always preponderated in the curiae ; an opinion with 
 which Heeren coincides (Handb. d. Gesch. p. 418), by making the 
 comitia ccnturiata to have been the origin of the Republican form 
 of the government. Beaufort, on the other hand, (Disc. Prelim, 
 pp. 15, 16) maintains that the constitution, as framed by Servius 
 Tullius, favoured the superiority of the patricians and senate : 
 herein following Livy 1. 41. sqq. Such is the discrepancy between 
 the opinions of these learned men on this important point : many 
 instances of the same occur to every accurate student of Roman 
 antiquities ; I have dwelt upon this in particular in order to warn 
 young students against seizing with too great avidity on novel 
 opinions, with whomsoever they may originate. 
 
 154. As long as the comitia curiata were the only 
 kind known, whatever was decided by popular suffrage 
 ( 148), must have been decided in them ; and it is ac- 
 cordingly easy to believe what is asserted by ancient au- 
 thorities, viz., that the creation of the magistrates, then 
 few in number 1 , and of the kings themselves 2 , the en- 
 actment 3 of laws (whence leges curiatce) and state 
 
168 ROMAN ANTIQUITIES. [chap. ii. 
 
 trials 4 , all rested with the comitia curiata. After the 
 establishment of the C. centuriata, and finally, as free- 
 dom advanced, of the tributa, very little appears to have 
 been left to the curiata, though they retained the ap- 
 pointment of the minor magistrates until A. U. C. 282, 
 when this also was transferred to the tributa by the 
 law of Volero ( 169). Hence it resulted that the cu- 
 riata, which would appear, for many reasons, to have 
 become incompetent for the administration of public 
 matters, were retained from reverential scruples 5 , as a 
 solemn form of sanctioning the resolutions of the other 
 two, which is the end they are known to have answered 
 before the extinction of the Republic; the thirty lictors, 
 by whom the curias originally were summoned, meeting 
 as substitutes for the curias themselves and voting in 
 their stead. Some will, perhaps, be inclined to prefer 
 the opinion of Schulze, who is of opinion that, after the 
 curice had lost their power of voting, they were repre- 
 sented by the augurs, always three in number, at the least, 
 assisting the magistrate by whom the comitia were held. 
 This opinion he rests on some passages in Cicero 6 . 
 
 1) Cf. Ros. Ant. Rom. p. 417. 2) Cf. Liv. 1, 17 ; Dionys. 
 2, 57. 3) Cf. P. Manut. de Legg. Rom. ; in Thes. Graev. v. 2. 
 
 p. 10, and August, de Legg., ib. p. 270. 4) Cf. Liv. 1, 26. 
 
 5) Cf. Cic. Agr. 2, 12. 6) Cic. ad Att. 8, 3, 4, 18; ad Div. 
 
 2, 7. See Schulze p. 306. 
 
 155. From the time, then, of the ascendancy of the 
 other comitia, two kinds of laws, besides the ceremony 
 of arrogatio ( 89), are supposed to have belonged to 
 the C. curiata ; first, the ratification 1 of all matters what- 
 ever decided in the other comitia (a point, however, 
 about which moderns are much divided in opinion), and 
 in particular of their choice of magistrates 2 ; and, 
 secondly, the confirming of military authority, de im- 
 perio ( 184), whether conferred on magistrates 3 , or, as 
 I think, on private persons also 4 . Their authority in 
 
sect. 146.] ROMAN ANTIQUITIES. 161) 
 
 this respect would appear, from a passage in Cicero, to 
 Lave existed down to his time, though not without 
 exceptions 5 . We have already mentioned in the proper 
 place that the solemn renunciation of sacra privata, the 
 detestationes, and wills, were executed in the C. curiata. 
 The lex curiata repealing the exile of Camillus is re- 
 markable, on account of the time at which it occurred 6 . 
 Of the priests, the Flamines and the Curio Maximus 
 were appointed in the C. curiata. Whether these also 
 elected the Rex Sacrorum is doubtful 7 : respecting the 
 vestal virgins, see 325. The Pontifex Maximus pre- 
 sided at the appointment of the priests ; on all other 
 occasions, the king, and afterwards the superior pa- 
 trician magistrates. The C. curiata were always held 
 within the pomcerium, and generally in the comitium 
 (147). 
 
 1) Cf. Beauf. p. 191 ; Schulze p. 286. sq. 2) Perhaps till the 
 enactment of the Lex Horatia. Cf. Schulze p. 294. 3) Con- 
 
 cerning the lex curiata, see the keen and protracted disputes of 
 Sigonius and Gruchius, Thes. Graev. v. 1. p, 815 1004. Cf. Ern. 
 Clav. Cic. v. imperium. 4) Cf. Ros. p. 476. 5) Cic. ad Div. 
 1, 9: " Appius in sermonibus antea dictitabat; postea dixit etiam 
 in senatu palam, sese, si licitum esset, legem curiatam ferre, sortitu- 
 rum esse cum collega provinciam, si curiata lex non esset, se para- 
 turum cum collega, tibique successurum, legemque curiatam consuli 
 ferre opus esse, necesse non esse : se, quoniam ex senatusconsulto 
 provinciam haberet, lege Cornelia imperium habiturum, quoad in 
 urbem introisset." Cf. Cic. Agr. 2, 10 and 12 ; Phil. 5, 16 ; Liv. 2, 
 56, 3, 1 1 and 31. 6) See Liv. 5, 46. 7) See Schulze p. 330. 
 8) See Ros. p. 452. 
 
 OF THE COMITIA CENTURIATA. 
 
 156. In the comitia centuriata, instituted by Servius 
 Tullius ( 144), the people gave their votes by centuries, 
 centuriatim, i. e. each century furnished one vote ; the 
 majority of votes decided the matter in hand. The 
 occasions for holding these comitia appear to have been 
 the same as those for the C. curiata, excepting, of 
 
170 ROMAN ANTIQUITIES. [chap. 11. 
 
 course, such matters as we have said were reserved for 
 the latter exclusively : on many occasions both these 
 comitia were held, and, afterwards, either indifferently. 
 Of magistrates, the C. centuriata are found to have 
 created the superior ordinary, majores ordinarii 1 , viz., 
 the consuls, praetors, and censors ; as also decemviri 2 , 
 and the military tribunes with consular powers 3 . I find 
 that it is disputed whether they also appointed the 
 curule aediles, quaestors, and extraordinary proconsuls 
 (see 245). Schulze 4 maintains that these comitia ap- 
 pointed the two former, though not always, but that 
 concerning the last there was no definite law 5 . Of the 
 priests, they appointed only the Rex Sacrorum, but 
 some deny that they named even him 6 . 
 
 1) Cf. Gell. 13, 15. 2) Liv. 3, 33. 3) Cf. Liv. 5, 52. I 
 
 was wrong in arguing, in a former edition, that the contrary ap- 
 peared from 4, 54 and 56. 4) Schulze p. 317. sq. 5) lb. 
 p. 329. 6) Cf. Schulze p. 330 ; Gell. 15, 27, 
 
 157. The title of laws, leges, belonged properly 
 ( 262) to the enactments of the comitia centuriata, 
 leges centuriatce , inasmuch as, receiving the sanction of 
 the senate, they became the decrees of the whole 
 people ; those of the plebs alone were termed plebiscita 
 ( 170), differing from the former, as in name, so also, 
 for a long time, in the extent to which they were 
 binding. It would appear from those which remain on 
 record that they were mostly concerning matters of the 
 highest importance, and among them we find the Lex 
 Valeria, de provocatione 1 , and, at the very decline of 
 freedom, the law recalling Cicero from exile. I ap- 
 prehend, however, that no one will be able to make out 
 accurately what laws, after the C. curiata had fallen 
 into disuse, might be made by the C. centuriata alone, 
 and what by the centuriata and tributa together ; 
 whether we take the time preceding the Lex Horatia 
 
sect. 158.] ROMAN ANTIQUITIES. 171 
 
 and Hortensia ( 170), or that subsequent to it: nor is 
 it, after all, of great importance. It may readily be 
 conceived that, after the plebiscita had been placed on 
 an equal footing with the leges, and the form of the 
 comitia centuriata had also been changed to gratify the 
 plebs ( 163), it was no longer of great consequence to 
 the populace or to the senate whether or not what had 
 till then been peculiar either to the C. centuriata or the 
 C. tributa were transacted by both or either indif- 
 ferently. The crime of treason, perduellio, was the 
 only case of public trial coming under the cognizance of 
 the C. centuriata. The term properly applied to war 
 raised against one's country, and accordingly included 
 attempts at sovereign power, such as those of Spurius 
 Cassius, Manlius Capitolinus, and Catiline, or any en- 
 deavour to overthrow the established form of govern- 
 ment : by an extension of its meaning, however, it was 
 made to comprehend any transaction which seriously 
 threatened the rights of freedom of citizens 2 : the 
 penalty was capital : by the laws of the XII Tables 
 the trial of such cases had been reserved to the C. cen- 
 turiata. In the later times of the Republic, it became 
 customary to allow the accused to withdraw into volun- 
 tary exile without awaiting the result of the comitia 
 ( 71). 
 
 1) Cf. Cic. de Rep. 2, 31 ; Liv. 3, 55. 2) Cf. Liv. 1, 26. 26, 
 3 ; Cic. pro Mil. 14. 
 
 158. The right of voting in the C. centuriata be- 
 longed to all who possessed full rights of citizenship ; 
 that is to say, to all who were enrolled in the tribes, 
 classes, and centuries, in whatever part of Italy they 
 might reside 1 . Some, however, believe that the pa- 
 tricians were at first excluded from the centuries, and 
 some, as Niebuhr, followed herein by Schulze 2 , exclude 
 them altogether. These comitia were holden by the 
 
172 ROMAN ANTIQUITIES. [chap. 11. 
 
 superior magistrates, but not by every such magistrate 
 concerning every subject indifferently . The consuls 
 were the regular presidents, drawing lots or agreeing 
 between themselves, sorte vel comparatione, which of 
 them should do so 3 . If both consuls were pre- 
 vented by military duty, one or other of them, by 
 order of the senate, appointed a dictator to hold the 
 comitia for the creation of the superior magistrates 4 . 
 If it happened that there were no consuls, or that both 
 had abdicated 5 , it was customary to take the auspices 
 anew by an interrex 7 as soon as one consul or both 
 had been elected by the comitia. Praetors might not 
 preside at comitia either for the election of consuls 8 or 
 praetors, that none might be concerned in the election 
 of his equals in authority, which was allowed only to 
 consuls and tribunes of the people 9 , nor an inferior in 
 the appointment of a superior. We learn from Livy 10 
 that a praetor might call on the people to elect extraor- 
 dinary magistrates provided he was ordered so to do 
 by the senate, and the consuls did not object ; but 
 Schulze 11 is of opinion that he might not propose laws. 
 It is certain, however, that he presided at public trials 12 , 
 probably alone ; and it was only by his authority that the 
 tribunes carried capital cases before the C. centuriata 13 . 
 Schulze affirms 14 that originally the quaestors also pre- 
 sided at trials, and also that the censors convened the 
 people by centuries for the purpose of lustration, but 
 could not propose any matter to them for deliberation. 
 According to the same writer, and he is no mean authority 
 on the subject, we are to exclude also the tribunes of 
 the people from the right of holding these comitia, 
 although it is certain that they were concerned in mat- 
 ters considered to have belonged exclusively to these 
 comitia. Touching the Rex Sacrificus, see 155. 
 
 1) Cf. Cic. de Harusp. Resp. 6 ; Agrar. 2, 2 j in Pis. 1 ; Q. Cic. 
 de Pet. Cons. 8 : M Omnes centurias multis ct variis amicitiis cura 
 
sect. 159.] ROMAN ANTIQUITIES. 173 
 
 ut confirmatas habeas ; postea totam Italiam fac ut in animo ac 
 memoria tributim descriptam comprehensamque habeas ; ne quod 
 raunicipium, coloniam, pracfecturain, locum denique Italiae ne quem 
 esse patiare, in quo non habeas firmamenti quod satis esse possit." 
 2) Schulze, p. 59. 70. 309. 3) Cf. Liv. 35, 6. 4) Cf. Liv. 8, 
 23.5) 6) Cf. Liv. 3, 55, 5, 31. Cf. Liv. 22, 35, 4, 7. 7) Cf. 
 15; Liv. 8, 17 and 23. 8) Cf. Cic. ad Att. 9, 9. 9) Cf. Gell. 13, 
 Schulze, p. 279. 10) Liv. 25, 7. 11) Schulze p. 328. 12) See 
 Liv. 2G, 3, 43, 16 ; Gell. 7, 9. 13) See Liv. 26, 3 ; Gell. 1. c. 
 
 14) Schulze p. 329 
 
 159. The manner of holding the comitia centuriata 
 was very remarkable. The matter to be submitted 
 to them, under the sanction of the senate, was an- 
 nounced, unless any great emergency prevented such 
 delay, on three market-days ( 358), before the day 
 on which they were to meet : this notice was given in 
 an edict which also stated the day appointed. It was 
 customary for the consuls to do this, not however 
 necessarily in person, for, if absent on military duty or 
 from any other cause, they might issue the edict from 
 the place where they happened to be, or delegate the 
 business to the praetors 1 . The object of the notice 
 clearly was to give all citizens the opportunity of at- 
 tending, if they would, even from a great distance ; 
 and the parties interested availed themselves of the 
 time to procure voters from remote municipal towns 2 . 
 Though the space of three weeks, trinundinum, twenty- 
 seven days, was first made imperative by the Lex Didia, 
 A. U. C. 655, it had long before been allowed by cus- 
 tom 3 , but had for that very reason been easily neglected 
 even when there was no necessity for the neglect 4 . It 
 was either the law or the custom that the intended 
 measure, having been fixed up in a public place, should 
 be openly read and recommended to the people by the 
 proposer on each of the three market-days, when he 
 requested their attendance, and used the influence of 
 his friends to secure it. Hence the proposer of a law 
 was called auctor or suasor legis, and was said, suadere 
 
174 ROMAN ANTIQUITIES. [chap. ii. 
 
 concioni 5 . In the case of public trials also, we find 
 
 notice given of the accusation on three successive 
 
 market-days ( 275). 
 
 1) Cf. Gell. 13, 15; Macrob. Sat. 1, 16; Cic. pro Domo 17; 
 Liv. 3, 35. 2) Cf. Q. Cic. de Pet. Cons. 8. 3) Cf. Schulz. 
 
 p. 209. 4) Cf. Liv. 4, 24. 24, 7. 25, 2. 5) Cf. Liv. 38, 54, 
 
 34, 1. 
 
 160. Before the dawn of the day on which the 
 comitia were to be held, the magistrate who was to 
 preside, attended by an augur, took the auspices, which 
 we have said was the exclusive privilege of superior 
 magistrates ; they were taken in the city : for an ac- 
 count of the rite itself, see 320. The spectio de ccelo, 
 either was not necessary, or formed part of the au- 
 spices, and was implied in them 1 . I am inclined to the 
 former opinion; for I do not see how the spectio de 
 ccelo can have occasioned any bar to the comitia unless 
 a magistrate, equal or superior in rank to him who was 
 to hold them, made or announced his intention of 
 making it, since, by the formulary which has come 
 down to us ( 152), inferior magistrates were prohibited 
 from making it 2 . The ceremony of pitching a tent for 
 taking the auspices, tabernaculum capere, appears to 
 have been peculiar to the comitia centuriata. This 
 tent the magistrate pitched beyond the pomcerium, 
 in his capacity, I conclude, of dux exercitus, or leader 
 of the hosts of the people : whether he fixed it on the 
 spot where he intended it to remain during the comitia, 
 I cannot say. It was necessary for the validity of this 
 ceremony that the auspices should have been taken 
 just before he crossed the pomcerium 3 . 
 
 1) Cf. Ernesti Clav. Cic. Lex JElia. 2) Cf. Ant. August, de 
 Legg. c. 12 ; Thes. Graev. vol. 2. p. 146. 3) Cf. Cic. de N. D. 
 2, 4; de Div. 1, 17 ; Ernesti Clav. Cic. in tabernaculum and surgere. 
 
 161. The auspices having been taken, the people 
 were generally, if not always in early times, summoned 
 to assemble by a trumpeter, per cornicinem ! , or by an 
 
sect. 161.] ROMAN ANTIQUITIES. 175 
 
 accensus 2 : at a later period this was done by the 
 augur 3 . Having assembled, it would seem, in the 
 forum, they were ordered by the magistrate to proceed 
 to the comitia, i. e. to the spot where they were to be 
 holden, using a fixed form, which the augur, who at- 
 tended as his assistant throughout the proceeding 4 , 
 recited before him. It was originally the custom for 
 the people to march to the place in regular array under 
 their several standards 5 , both for the sake of pre- 
 caution, and because the division into centuries was 
 a military 6 one ( 145). Afterwards, when the city was 
 no longer liable to hostile alarms, and the constitution 
 of the centuries had been altered, they met without 
 arms, except a party which took post on the Janiculum? 
 after erecting a standard 8 on its summit 9 , a custom 
 probably kept up from a sort of reverence for old 
 usages. The military constitution of the centuriae sug- 
 gests the reason why the comitia centuriata could not 
 be held within the city, namely, because no military 
 command 10 could be exercised in it (185). Hence 
 the Campus Martius, lying beyond the Servian walls, 
 was, at an early period, consecrated for the purpose 11 , 
 being furnished with merely the necessary conveniences 
 of an altar, inclosures, or booths, in which the votes 
 were given, septa, the wooden passages into these, 
 called pontes , a public villa 12 , a tribunal and a tent, 
 until Augustus adorned it with magnificent marble 
 polling-places and porticoes 13 When Tiberius had 
 altogether abolished the comitia, it was made a place 
 for the meetings of merchants and the exhibition of 
 games 14 . 
 
 I) Gell. 15, 27 ; Dionys. 2, 8, 4, 37. 2) Cf. Varro de L. L. 
 5, p. 62-3. 3) lb. p. 63. 4) Cf. Varro de R. R. 3, 2 : " Ibi 
 
 (in villa publica) Appiura Claudium, augurem, sedentem invenimus 
 in subselliis, ut consuli, si quid usus poposcisset, esset prsesto." 
 5) Cf. Gell. 15, 27. 6) Cf. Dionys. 4, 84. 7) That some 
 
 took post on the Janiculum, is asserted by Dio Cass. 37, 27. 
 
176 ROMAN ANTIQUITIES. [chap, ii, 
 
 Livy and Macrobius mention the erection of a standard in the cita- 
 del ; but I do not see how this term can be applied to the Janicu- 
 lum. Cf. Schulz. p. 335. 8) Cf. Liv. 39, 15 ; Macrob. Sat. 1, 16. 
 9) Cf. Gell. 15, 27. 10) Cf. Gell. 15, 27, exercitum imperare, and 
 
 Liv. 39, 15. 11) Cf. Liv. 6, 20. 12) Varro de R. R. 3, 2. 
 
 13) Cf. Cic. ad Att. 4, 16 ; Dio Cass. 53, 23 ; Plin. H. N. 36, 5. 
 
 14) Cf. Sen. de Ira 2, 7 ; Suet. Cal. 18 ; Mart. 9, 60. 
 
 162. When the citizens had assembled in the cam- 
 pus, the magistrate opened the proceedings by sacrifice 
 and prayers 1 : this done, he stated to the people the 
 matter about to be proposed to their consideration, 
 notwithstanding the notice which had already been 
 given of it:- the other magistrates, who, as we have 
 said, were permitted to support or oppose the measure, 
 he now invited to do so, and also listened, if he saw fit, 
 to the opinions of private persons 2 . In comitia for the 
 election of magistrates, it was customary for the presi- 
 dent to recommend such of the candidates as he pre- 
 ferred 3 , and he might, for grave or plausible reasons, 
 refuse to declare any one elected, when he was said, 
 nomen non accipere*; sometimes, however, the will of 
 the people prevailed over his refusal 5 . After the mat- 
 ter had been debated, the tribunes might stop further 
 proceedings, intercedere 6 . This intercession of the 
 tribunes put a stop not only to decrees of the senate, 
 but to comitia of whatever kind (hence moram or impe- 
 dimenta facer e, adferre, etc.), and, in fact, a tribune 
 might interrupt the proceedings of any magistrate, 
 whilst he could himself be thwarted only by a col- 
 league 7 . If neither the tribunes, nor the aspect of the 
 heavens, spectio, which was attended to throughout the 
 proceedings, occasioned any hindrance, the magistrate 
 put the matter to the vote 8 in a set form of words ; for 
 instance, " Si vobis videtur discedite (sc. in suam quis- 
 que centuriam,) Quirites ;" or, " Velitis, jubeatis, ite in 
 sunragium." In early times the first of the six classes 
 ( 144) was first called up to give its votes, the eighteen 
 
sect. 163.] ROMAN ANTIQUITIES. 177 
 
 centuries of knights having precedence of its other 
 centuries : so Livy I. 43. Then came, successively, 
 the centuries of the second class, and the rest in order; 
 but no more voted, it appears, than were requisite to 
 decide the question 9 . Thus, if the first class was 
 unanimous, it became unnecessary to take the votes of 
 the others : it was very rare for the polling to proceed 
 to the fourth, and it was hardly ever known to descend 
 so low as the sixth, which, forming only one century, 
 could acid but one vote, and had but a nominal partici- 
 pation in the government. 
 
 1) Cf. Dionys. 10, 32,- Liv. 39, 15. 2) Cf. Schulz. p. 245. 
 
 3) Cf. Liv. 10, 22. 4) Cf. Liv. 39, 39 ; Cic. Brut. 14 ; Nieb. 
 
 v. 2. p. 172. 5) Cf. Liv. 8, 15. 6) Cf. Liv. 27, 6. 7) Cf. 
 Liv. 2, 44. 6, 35 ; Dionys. 8, 90. 8) Cf. Liv. 31,7; Cic. pro D. 
 17. 9) See Liv. 1, 43 ; Dionys. 4, 20. A doubt may arise from 
 Liv. 10, 13. Cf. also 24, 9. Cicero, de Rep. 2, 22, furnishes a new 
 statement respecting- the number of the votes of the first class. 
 
 163. This method of proceeding being found, as 
 liberty advanced, to be too much in favour of the 
 wealthier class, was so altered, (as Schulze 1 and others 2 
 conjecture, by a law of the XII Tables 3 ), that recourse 
 was had to lot to decide which century should first give 
 its vote : the drawing lots for this purpose was called 
 sortitio prcerogativce* ; but it would appear that the lot 
 was, at the first introduction of this change, drawn among 
 the centuries of the first class only, and that it was only 
 afterwards that it was drawn among all 5 . The super- 
 stitious regard paid to the circumstance of obtaining 
 the pr&rogativa, compensated, in a measure, for the 
 little influence otherwise left to the lower classes, since 
 most of the other centuries, if not all, usually voted ac- 
 cording to the example of the first, thinking its vote, 
 as Cicero says, to be an omen of the result of the 
 comitia 6 . Still, however, a vast superiority of power 
 remained with the centuries of the wealthier classes, 
 until, in the sixth century of Rome, when the number 
 
 N 
 
178 ROMAN ANTIQUITIES. [chap. ii. 
 
 of the tribes had been increased to thirty -five 7 , the 
 original division of the classes into centuries was 
 changed : what the alteration was is, however, matter 
 of conjecture, and the conclusions of Savigny and 
 Schulze, who have thoroughly sifted the subject, would 
 make one think it a hopeless question. According to 
 Schulze, the people were called up to vote in the comitia 
 centuriata by centuries, these being seventy in number, 
 two in each of the thirty-five tribes, and each sub- 
 divided into five property classes. Savigny, on the 
 other hand, says the votes were taken by classes, each 
 class comprising seventy centuries, that is, two from 
 each of the thirty-five tribes : by adding to these thirty- 
 five centuries of knights and one composed solely of the 
 poorest citizens, Savigny obtains a total of three hundred 
 and thirty-six centuries. I adopt Savigny's opinion : 
 to what extent and for what reasons, will be found in a 
 note, which, perhaps, may be of use to any one who shall 
 address himself to the task of removing the difficulties 
 by which the subject is still beset 8 . The main thing 
 to be ascertained is, what was the alteration in the 
 mode of voting, owing to which the comitia centuriata 
 came to be called, during the last two centuries of the 
 Republic, the comitia of the people, and, to use Cicero's 
 expression, of the multitude 9 . If any one be inclined 
 to follow Savigny's view and mine, he must conclude 
 that the difference between the C. tributa and the 
 C. centuriata, as regards the power of the people 
 against the senate, lay in three things, namely, in the 
 auspices, in the sanction of the senate, which was 
 requisite for the centuriata but not for the tributa, and 
 in the degree to which citizens of the lowest order par- 
 ticipated in each: in the centuriata, forming but one 
 century, they contributed but one vote ; in the tributa 
 they stood on the same footing with the rest of the 
 citizens. 
 
sect. 163.] ROMAN ANTIQUITIES. 179 
 
 1) Schulze p. 311. 2) Gruchius and Sigonius are utterly at 
 variance on this point. See Thes. Graev. v. 1. p. 847. 945. 964. 
 3) Cf. Liv. 5, 18. 4) Cf. Cic. Phil. 2, 33. 5) Schulze 
 
 (p. 312) supposes this alteration was made when the tribes were 
 considered as divided into centuries, especially as at first no name 
 is given to the centuria praerogativa (Liv. 5, 18. 10, 22), since it was 
 then considered as a part of the first class but not at that time of 
 any tribe. On the other hand we find the name of the tribe given 
 to the century (Liv. 24, 7) ; which passage refers to the year 537, 
 after the completion of the thirty-five tribes. 6) Cic. ad Div. 2, 
 40 ; pro Plane. 20 ; Liv. 20, 7. 26, 22. 7) Cf. Liv. 1, 43. 
 
 8) Livy in many places very distinctly considers the centuries as 
 subdivisions of the tribes (see 24, 7.16, 6), where he names the cen- 
 turies after the tribes from which they were taken. I infer from 
 two passages principally, Liv. 43, 16 ; Cic. Phil. 2, 33, that the di- 
 vision into classes still remained, and that each consisted of a 
 certain number of centuries, and that they proceeded in voting in the 
 same order as before. We may also fairly infer from the same pas- 
 sages that the centuries called up to vote after the praerogativa, are 
 said to be primo vocata, or jure vocata, Liv. 10, 22. 27, 6. Cf. 5. 18. 
 How can we understand the expression primo vocata, unless it means 
 those of the first class ? or what was the right by which they were 
 said to be jure vocata, but the right of the class ? It is evident to 
 any one who compares the two passages in Livy, that the centuria 
 jure vocata were not the same as those primo vocata ; for after all 
 the centuries, primo vocata, had voted, it is clear that other centuries 
 still remained who would have voted had the comitia not been 
 broken off, 10, 22 (v. 80. 13) : therefore all the centuries after the 
 praerogativa were not termed primo vocata. But nothing forbids our 
 inferring that all were said to be jure vocata, as they followed one 
 another by their right according to the ancient order of the classes. 
 Another passage favours this conclusion, 27, 6 ; where, according to 
 my understanding of the passage, the meaning is, that all voted as the 
 centuria praerogativa did, unless the tribunes of the people interfered. 
 Asconius ad Verr. 1, 9, confirms this opinion ; he says, " Praerogativae 
 tribus sunt quae primae suffragium ferunt ante jure vocatas." Al- 
 though Schulze quotes this passage, he nevertheless suspects, p. 340, 
 that primo vocata mean the centuries of the knights, jure vocata of 
 the infantry. So far all is clear, if I am not mistaken : since the 
 centuries were still divided into junior and senior, the only re- 
 maining difficulty is to decide, how many centuries were there in a 
 tribe, how many in a class, and what was the proportion the class 
 bore to the tribe. The most important passage on the number of the 
 centuries is, that of Livy 1, 43, which I think is quite correct, but as- 
 tonishingly obscure. From which passage, if we conclude, as Schulze 
 does, that there were two centuries, a senior and junior in every 
 tribe, and, according to his conjecture, five classes in each century, 
 we cannot understand how in the passage in Cicero, Phil. 2, 33, after 
 that the centuria praerogativa had been reported, the first class was 
 called up and reported : the passage is, " Sortitio praerogativae ; 
 quiescit ; renunciatur, tacet : prima classis vocatur, renuntiatur." 
 Now, since the expression classis renuntiatur means that the 
 votes of the centuries in that class are reported, (Cf. Varro, R. 
 
 n2 
 
180 ROMAN ANTIQUITIES. [chap. ii. 
 
 R. 3, 17,) the expression prarogativa renunliatur can mean nothing 
 else than that the votes of that century are reported ; and in this 
 case it would be absurd that the votes of the class to which that cen- 
 tury belonged should also be reported. And I cannot see at all 
 what reason Schulze has for suggesting that by the term classes 
 here are meant the senior and junior centuries, (p. 78). Where- 
 fore it is evident that the classes were composed of centuries, 
 and not the centuries of classes, from the passage in Livy 43, 16. 
 (anno 584) " Cum e duodecim (?) centuriis equitum octo censo- 
 
 rem condemnassent, multaeque alise primse classis ;" and thus 
 
 when Cicero says prima classis vocatur, he means centuries, prima 
 classis vocantur. There is no reason why we should adopt Schulze's 
 invention of centuries of the first and second rank, so termed not 
 from the qualification of property, but from their ages, honours, or 
 from some other cause : it seems much more advisable to adopt the 
 explanation furnished by translating passages of evident authenticity 
 and meaning, according to the usual acceptance of words, although we 
 cannot make them correspond with some obscure and doubtful pas- 
 sages. Adopting this method in both the instances we have men- 
 tioned, we find, even in Cicero's age, the distinction of classes, each 
 consisting of a certain number of centuries, although not of the same 
 number as in earlier times. Since, therefore, the same century was 
 at once a part of a tribe and of a class, and since the only subdi- 
 visions of tribes that we can imagine must have consisted of the 
 citizens registered in the tribes, it follows that in every tribe its mem- 
 bers were divided into centuries according to their property, and 
 thus that in every tribe there may have been one or more centuries 
 of either of the five classes : and there are many reasons for sup- 
 posing that even at that period there existed a century of the sixth 
 class. And as, moreover, centuries were divided into senior and 
 junior, it appears that in every tribe there was in every class one or 
 more centuries of elder and younger citizens : it is most probable 
 that there was but one, and thus the number of centuries in every 
 tribe was ten. This is the opinion of the learned Savigny, who 
 concludes, from Livy 1, 43, that the number of centuries in each 
 class was double the number of the tribes, which then were thirty- 
 five ; thus allotting to every class two centuries from every tribe, one 
 of seniors, the other of juniors : and he is not staggered by the diffi- 
 culty raised by some writers of supposing it credible that in the 
 tribes of the city there should be found a sufficient number of citi- 
 zens of the first class, to say nothing of the second and third classes, 
 to compose these centuries (cf. 143). On the other hand, Schulze 
 deduces from the same passage of the historian that the centuries 
 were in all seventy, and does not consider them as subdivisions of 
 classes of citizens of different degrees of wealth, but supposes that 
 each was divided into five classes, according to the property each 
 member had : whence it follows that the votes of the century was 
 composed of the votes of the five classes it contained ; and that 
 Schulze reckons as many classes as Savigny does centuries, viz. 
 three hundred and fifty ; except that Savigny adds to this number 
 one century of poorer citizens and the centuries of the equites, 
 which were at that time even called up to vote next after the pra> 
 rogativa, and which Livy leads us to suppose were twelve in num- 
 
sect. 164.] ROMAN ANTIQUITIES. 181 
 
 ber (Liv. 43. 16), but which Savigny supposes were thirty-five ; 
 whence it follows that according to him the total number of cen- 
 turies was three hundred and eighty-six. I have already said the 
 passage in Livy on this point is extremely obscure ; it is as follows : 
 " Nee mirari oportet, hunc ordinem, qui nunc est post expletas 
 quinque et triginta tribus, duplicato earum (sc. tribuum) numero, 
 centuriis juniorum seniorumque, ad institutam a Servio Tullio sum- 
 mam non convenire". It would have been clear enough if after 
 earum he had added in classibus ; but as Livy was writing for Ro- 
 mans, they understood it without this, as they knew that the 
 centuries were subdivisions of the classes. As to Schulze's con- 
 cluding from the passage in Cicero that there Mere but two classes, 
 I shall quote the sentence : " Ecce Dolabellte comitiorum dies, 
 sortitio prasrogativae, quiescit ; renunciatur, (sc. praerogativa), tacet ; 
 prima classis vocatur, renunciatur ; deinde, ut assolet, suftragatum 
 secunda classis vocatur." His conclusion might be correct if the 
 text of the sentence after assolet could be relied on, but it is very 
 variously read ; for instance, suffragia turn instead of; suffragatum ; and 
 it is not probable that Cicero should have introduced so otiose and 
 vapid a sentence as suffragatum secunda classis vocatur, after such 
 rapid and elliptical ones as those which precede it ; I rather think 
 they are the words of an annotator, and that Cicero said, deinde, ut 
 assolet, suffragia, the word jxunt or colliguntur being understood as 
 in sortitio prerogative. Finally, one passage in Livy supports 
 Schulze's opinion, and rather strongly, I own ; (Liv. 26, 22. Cf. 
 Cic. in Vat. 16; in Rull. 2, 2 and 11). In this passage it is stated, 
 that the centuria juniorum, being desired by the consul to reconsider 
 their vote, redire ad suffragia, request that the centuria seniorum 
 should be summoned ; and the circumstances are such as to incline 
 us to believe that all the younger portion wished to confer with all 
 the elders of the tribe, rather than that one century of the juniors 
 wished to confer with one century of the seniors of their own tribe 
 and class. However, this could not appear absurd, nor could Livy 
 be found fault with if he is here speaking of two centuries of a class 
 both acquainted with the case, and intends us to understand that 
 the two centuries formed one tribe. Scholars must decide for them- 
 selves ; but let them well consider whether there is a sufficient reason 
 for dividing centuries into five classes according to Schulze's 
 opinion : for unless we infer from this that the vote of a century was 
 decided by the votes of the five classes into which it was subdivided, 
 it is difficult to say what the subdivision of the centuries means. 
 But if every single class had the same weight, and contributed the 
 same quota to the vote of the century to which it belonged, it fol- 
 lows, that the richer citizens, that is to say, the first and second 
 class, though inferior in numbers, evidently, to the third and fourth 
 classes, consisting of the poorer citizens, yet had equal weight with 
 them ; which we may suppose would ill suit the comitia centuriata, 
 in which, according to the statements of Cicero and other ancient 
 writers at that time, the populace were preponderant. 9) See 
 
 Cic. pro Mur. 17 and 19 ; pro Sexto, 39. 
 
 164. There is no reason, however, for supposing that 
 
182 ROMAN ANTIQUITIES. [chap. ii. 
 
 any change took place in the order in which the classes 
 were called to vote, since no preponderance could 
 thereby have been given to the power of the lower 
 orders. Accordingly, I shall take it for granted that, 
 after the century to which the prerogative had fallen, 
 the centuries of the first class, and of them first the 
 centuries of knights 1 , gave their votes: the other classes 
 followed in order ; the single vote of the lowest being 
 taken after those of the fifth. Concerning the centuries 
 which were first called upon, and the rule by which 
 they were first called, see the note. In this way there 
 remains no necessity for supposing that recourse was 
 twice had to lots; once to decide the tribe, and again to 
 decide the century of that tribe which should have the 
 prerogative ; for, on the hypothesis above advanced, 
 the prerogative of the tribe followed, of course, on that 
 of the century 2 . For the ceremony of drawing the lot, 
 consult Liv. XXIV. 7; Valer. Max, VI. 3; Cic. pro 
 Corn. Fragm. 1. Whether the centuries of each class 
 decided the order in which they should vote by lot, or 
 were called up in what order the magistrate pleased, 
 or according to a fixed rule, is not known. I find, 
 however, that the centuries of knights had the prece- 
 dence in the first class 3 . Let us proceed to other par- 
 ticulars in the manner of voting. 
 
 1) Cf. Liv. 43, 16. 2) Cf. Liv. 24, 7. 27, 6: "In priore loco 
 Aniensis juniorum est centuria juniorum ex Aniensi tribu. Sic et 
 in secundo Galeria juniorum non est tribus, sed centuria e tribu 
 Galeria ; quippe non tribus, sed una ejus centuria primum suffra- 
 gium fert, neque tribus consulem dicere poterat, nisi omnes ejus 
 centuriae, in sua quaeque classe, dicerent ; hie autem una Galeriae 
 tribus centuria consulem dixerat, utque fieri solebat, jure vocatae 
 centuriae eodem, quo praerogativa, inclinassent, ni tribuni se inter- 
 posuissent" (see also Liv. 26, 22). 3) Cf. Liv. 43, 16. 
 
 165. Before the enactment of the leges tabellariae *, 
 which gradually abolished the use of viva voce votes in 
 the comitia, for whatever purpose holden, though ex- 
 
sect. 165.] ROMAN ANTIQUITIES. 183 
 
 pressions of feeling not unfrequently took place despite 
 these enactments 2 , it was the custom for each citizen to 
 give his vote aloud to the rogator, or person who col- 
 lected them in his century 3 ; if he approved of the 
 measure proposed, his reply was, uti rogas ; if he dis- 
 approved, antiquo*. Afterwards it became customary 
 to give in a tablet inscribed with the first letters of 
 those words. In voting for the election of a magistrate, 
 the voter pronounced the name of the person he pre- 
 ferred. It is a commonly-received opinion, that in 
 trials three words were used to express the verdict, 
 viz. absolvo, condemno, or non liquet: but I believe 
 this is an erroneous notion; those who entertain it, 
 resting on a passage of Cicero, which has nothing to 
 do with the comitia (pro Mil. 6) : for, since public trials, 
 as we have said, were attended by the proposal of a 
 law on the subject, there appears no reason why the 
 mode of proceeding should have been different from 
 that observed in the case of other laws ; whilst, on the 
 other hand, it is well known that in common public 
 trials the same words were used as at the passing of a 
 law. It is commonly believed that, at comitia for the 
 election of a magistrate, as many tablets were given to 
 each voter as there were candidates, each having the 
 name of one of them. I prefer the opinion of Schulze 
 (p. 265), that only one tablet was given to each voter, 
 and returned by him, inscribed with the name of the 
 person he favoured. The collectors of the votes, as 
 Schulze (p. 261) has, apparently with good reason, con- 
 cluded from several ancient testimonies, registered them 
 all in a poll-book by pricks or dots : this was the custom, 
 as well when the votes were given aloud as afterwards, 
 and the collectors continued to be called rogatores 5 . The 
 same author conjectures that the names of the several 
 candidates were inscribed on a distinct tablet, and the 
 several votes obtained by each marked against his name 
 
]84 ROMAN ANTIQUITIES. [chap. ii. 
 
 by a dot, or by pricking a hole ; hence, one would con- 
 clude, came the expression " orane punctum ferre." 
 
 1) There is a remarkable passage concerning these in Cic. de 
 Legg. 3, 16, four being there named, viz. : " Gabinia, de magistrati- 
 bus mandandis, lata ab homine ignoto et sordido, Cassia, de populi 
 judicio, a nobili homine, sed dissente a bonis, Carbonis, de juben- 
 dis legibus ac vetandis, seditiosi atque improbi civis, Coelia, de 
 judicio perduellionis ;" the originator of which law, adds Cicero, 
 " doluit, quoad vixit, se, ut opprimeret Popilium, nocuisse reipublicse." 
 Concerning the use of the leges tabellaria, see also Cic. pro Plane. 
 6 ; de Amic. 12. The use of tablets for votes was also introduced 
 into the senate under the Caesars ; cf. Plin. Epp. 3, 20. 4, 25. 
 2) Cf. Cic. de Lege Agr. II, 2; pro Domo 43; in Pis. I; de Legg. 
 3, 17. 3) Cf. Cic. de N. D. 2, 4. 4) Cf. Cic. ad Att. 1, 13 
 
 and 14; de Legg. 3, 17 ; Liv. 31, 6 ; Festus in antiquare. 5) Cf. 
 Dionys. 7, 64; Cic. de N. D. 2, 4; de Divin. 2, 35 ; Liv. (but I 
 am not sure that the passage is much to the purpose) 9, 46. 
 6) Cf. Hor. A. P. 343. 
 
 160. Each century, when called on to vote, used to 
 pass into a place enclosed with rails, cancelli, and called 
 septa, or ovile 1 , entering it by a boarded 2 path, pontes 
 ( 147). Officers, called diribitores 3 , handed the tablet 
 or tablets to each individual as he passed, which, as he 
 quitted the ovile, he dropped into a box, cista,cistella, 
 or citella, held by the rogator 4 . They were at liberty 
 to stay if they pleased in the enclosure to deliberate 
 which way they should vote, otherwise they passed 
 through it at once. This having been done, the boxes 
 were opened 5 in the presence of their keepers, who 
 were sometimes men of the first eminence 6 , and each 
 vote being pricked down in the poll-book, the total vote 
 of the century was found : if the numbers were equally 
 divided, the vote was lost, except in a trial for treason, 
 perdiiellio, when non-condemnation was taken as posi- 
 tive acquittal. The vote of the century having been 
 proclaimed by a herald 7 , another century was called; 
 and so on until all the votes, or so many as were requisite 
 to decide the matter, being collected, the presiding 
 magistrate declared that the law had passed, accepta 
 
sect. 167.] ROMAN ANTIQUITIES. 185 
 
 or jussa, or had been rejected, antiqztata, or, if it was 
 an election, declared in a stated form of words, who 
 were the successful candidates : these were forthwith 
 conducted to the capitol or to their homes 8 by their 
 friends. In trials, the accused, if acquitted, was in- 
 stantly liberated ; if condemned, as instantly punished 9 . 
 The business of the comitia being ended, the people 
 were dismissed in a fixed form of words; for instance, 
 "Si vobis videtur, discedite, quirites 10 ." 
 
 1) Liv. 26, 22. 2) Cf. the writer of the work, ad Herenn. 1, 
 12; Cic. de Legg. 3, 17; Dionys. 11, 51. 3) Cf. Cic. in Pis. 
 
 12. So called from diribere, i. e. divider e ; whence also diribere ta- 
 bellas (Cic. pro Corn. Fragm. 1. Cf. Varro de R. R. 3, 2). Among 
 its derivatives, are diribitio (Cic. pro. Plane. 6), and diribitorium, 
 a spot in the Campus Martius (Suet. Claud. 18 ; Plin. 16, 40. init.) 
 Schulze, p. 268, observes, that divisores was more commonly used 
 than diribitores ; but there appear to have been two sorts of di- 
 viders or tellers in the comitia, unless we assume that the same 
 persons served to distribute the tablets, and to assist the candidates 
 who courted the voters by distributing money or other things among 
 them. Cf. Cic. Verr. 1, 8. 3, 69; de Orat. 2, 63; de Harusp. Resp. 
 20 ; ad Att. 1, 16. 4) Cf. Liv. 26, 22 ; Schulzep.268. 5) Plin.33, 
 
 2, states, that the charge of these boxes was committed by Augustus 
 to persons selected from the equestrian order : why they should be 
 said to have been nine hundred in number I do not know. 6) Cf. 
 Cic. in Pis. 5 and 15 ; de Lege Agr. 2, 10. 7) Cf. Varro de 
 R. R. 3, 17 ; Cic. de Lege Agr. 2, 2. 8) Cf. Varro de R. R. 
 
 3, 2. 9) Cf. Liv. 6, 20. 10) Cf. Liv. 2, 56. 3, 11. Cf. Cic. 
 Cat. 3, 12; Brisson. de Form. p. 132 and 191 ; Schulze p. 276. 
 
 167. We have already stated what incidents might 
 interrupt the proceedings of comitia. The centuriata 
 in particular were broken up if the standard on the 
 Janiculum ( 161) was removed 1 . If the business was 
 not finished in one day, whether by reason of nightfall 
 or for any other cause, it might be resumed on the day 
 following, or the people might even be called upon to 
 reconsider their resolution of the day preceding with a 
 view to some alteration, or even to its entire repeal 2 . 
 If the election of magistrates proved incomplete (in 
 reference to which we find the phrases non explere cen- 
 titrias, non conficere legitima st/ffragia 3 ), recourse was 
 
186 ROMAN ANTIQUITIES. [chap. ii. 
 
 had to various expedients. Supposing only one consul 
 to have been elected, he might himself select his col- 
 league from among the other candidates 4 : the same 
 was at first the custom in the case of tribunes, but it was 
 altered 5 . We have already ( 158) suggested why 
 praetors might not take the same course. It was pe- 
 culiar to the censors that they must both be elected on 
 the same day 6 . The comitia centuriata, and the others 
 also, could be held only on certain days ; hence called 
 dies comitiales. Magistrates were created at various 
 times of the year, but, with the exception of the censors, 
 generally some months previous to the day on which 
 they were to enter on their office : in the interval they 
 were called designati, elect. From A. U. C. 601, the 
 consuls entered on their office on the kalends of Janu- 
 ary ; the day had previously been the ides of March ; 
 and in very early times it was different from either of 
 these. The comitia for electing praetors took place on 
 the same day with, or very shortly after, the appoint- 
 ment of the consuls. 
 
 1) Cf. Dio Cass. 37, 28. 2) Liv. 7, 17. 10, 9. 31, 6 and 7 ; 
 
 Cic. post red. 4. 3) See Liv. 3, 64. 37, 47. 4) Cf. Liv. 37, 
 
 47. 5) Cf. Liv. 3, 64 and 65. 6) Cf. Liv. 9, 34. 
 
 THE COMITIA TRIBUTA. 
 
 168. The plan and method of conducting the Co- 
 mitia Tributa was much more simple than that of the 
 Centuriata ; and some particulars respecting them 
 having already been noticed, we shall be the more brief 
 in treating of them in this place. In them the people 
 gave their votes by tribes, tributim, i. e. each tribe ( 142.) 
 furnished one vote 1 ; the majority of such votes being 
 decisive of the matter in hand. Their first origin ap- 
 pears to have been in a measure of violence, when 
 
sect. 169.] ROMAN ANTIQUITIES. 187 
 
 Coriolanus was condemned (A. U. C. 263) by the votes 
 of the plebeians 2 ; their legal institution 3 dated from 
 the laws of Volero, A. U. C. 282. Schulze maintains 
 that for some time after that the plebeians alone en- 
 joyed the right of vote 4 , and that the tribunes were for- 
 bidden to convene the patricians 5 : afterwards it is very 
 evident that these took part in these comitia 6 , although 
 their attendance was not compulsory, and they, in fact, 
 seldom mingled with the plebeians, the disproportion be- 
 tween their numbers being so great; the circumstance of 
 which disproportion would also seem to furnish reasons 
 for doubting whether their exclusion was ever at any 
 time the result of a legal compact between the orders 7 . 
 
 1) Cf. Dionys. 7, 64. 2) Cf. Dionys. 7, 59. 3) Cf. Liv. 
 
 2, 60. 4) Schulze p. 345. For he is convinced (p. 35. sq. and 
 
 p. 345.) that the original constitution of the tribes, such as he him- 
 self admits it to have been, which excluded the patricians and their 
 clients, was afterwards so altered, that all ranks and conditions were 
 confounded in the tribes, and that thereby the patricians gained ac- 
 cess to the comitia tributa. 5) Cf. Gell. 15, 27 ; Dionys. 7, 16 ; 
 Liv. 2, 56. 6) Cf. Liv. 27, 21 : "Actum de imperio Marcelli 
 
 (a. 543.) in circo Flaminio est, ingenti concursu plebis et omnium 
 ordinum." 7) Cf. Gruchius in Thes. Graev. v. 1, p. 678 ; Liv. 
 27, 21. 
 
 169. For the occasions of calling the comitia tributa, 
 compare the remarks in 148 and 157; there were 
 four of these common to them with all comitia, namely, 
 the appointment of priests and magistrates, state trials, 
 and the enactment of laws. The law of Volero as- 
 signed the election of the inferior magistrates to the C. 
 tributa ( 154). Among them were the tribunes of the 
 people, and the plebeian aediles ; but whether all other 
 inferior magistrates, or only some, and in the latter 
 case which of them, were appointed by these comitia, 
 appears impossible to be ascertained, and is a point of no 
 great moment. We have already given ( 154) Schulze's 
 opinion with respect to the quaestors, curule aediles, and 
 proconsuls, of which three, one may prefer to reckon 
 
188 ROMAN ANTIQUITIES. i [chap. it. 
 
 the two former, as most writers have done, among the 
 superior magistrates. That both might be appointed 
 by either the C. tributa or centuriata may be inferred 
 from the appropriate instances adduced by Schulze, 
 p. 317, sqq. In order, however, to arrive at a correct 
 conclusion respecting the proconsuls and provincial 
 magistrates in general, those who became such in virtue 
 of having held the offices of consul or praetor ( 244), 
 must be distinguished from the rest ; with respect to 
 whom, we shall not be very wrong in concluding the 
 same as of the quaestor and curule aedile 2 . It has been 
 stated ( 148) that the priests were, with some excep- 
 tions, appointed by the people ; they were elected by 
 seventeen tribes chosen by lot in comitia, nominally 
 considered the tributa 3 . The instances of trial by these 
 comitia which have come down to us 4 , seem to show that 
 they took cognizance only of infringements of the rights- 
 of the plebeian body ; in course of time, however, other 
 causes came before them 5 , although they never exer- 
 cised jurisdiction in capital cases. 
 
 1) Cf. Schulze p. 350. 2) Cf. Schulze p. 321. 3) Cf. 
 
 Cic. de Lege Agr. 2, 7. 4) Cf. Liv. 3, 11 and 55. 4, 44. 
 5) Cf. Liv. 25, 3 ; Val. M. 6, 1, 7. 
 
 170. That the decrees of these comitia, leges, pro- 
 perly so called, should have had for their object not so 
 much the enacting anything new as the counteracting of 
 the decrees of the senate, is agreeable to what we know of 
 the power first possessed by the tribunes of the people. 
 In lapse of time, however, things were so altered that it 
 is difficult to say what matters were not subject to the 
 comitia tributa, unless it were trials for treason, and 
 some few other things which continued to belong ex- 
 clusively to the C. curiata. For the senate, as we 
 learn from several passages in Livy 1 , used to refer 
 sometimes to the centuries, sometimes to the plebs, 
 matters which it could not, or, at all events, did not, 
 
sect. 171.] ROMAN ANTIQUITIES. 189 
 
 usually claim as its own. Such matters the tribunes 
 brought before the people only with the sanction of 
 the senate, which, on the contrary, was not needed in 
 cases which belonged by law to these comitia 2 . The 
 variety of matters belonging to the C. tributa, may be 
 seen in the fact that we find among plebiscita laws re- 
 lating to the division and possession of land, leges 
 agrarice ( 134); concerning the method of voting, 
 tabellaricB ( 149); about corn, frumentarice 3 ; about 
 war and peace 4 (for these are commonly referred, after 
 Gruchius 5 , to the C. tributa); concerning crimes 6 , 
 military command 7, and triumphs 8 . As regards the 
 power of plebiscita, we have already observed that the 
 lex Horatia, A. U. C. 306, ordered them to be binding 
 on the whole people, which law was revived and en- 
 forced 9 by the lex Publilia, A. U. C. 417, and the lex 
 Hortensia, A. U. C. 468. 
 
 1) Liv. 4, 58. 6,21. 7, 20. 8, 23. 39, 19. 2) Cf. Schulze 
 p. 353. sq. 3) Cf. Cic. Brut. 62 ; Tuscul. 3, 20 ; pro Sext. 48. 
 
 4) See Liv. 33, 25. 5) Thes. Graev. v. 1. p. 649. 6) Cf. 
 
 Liv. 7, 15. 7) Id. 8,23. 8) Id. 26, 21. 9) See Plin. 
 
 H.N. 16, 10; Gell. 15,27. 
 
 171. At first, one of the tribunes of the people 1 
 presided at these comitia, being, probably, sometimes 
 chosen for the occasion by lot from among his col- 
 leagues 2 ; but more frequently any one of them who was 
 pleased to call the assembly 3 , provided, if we will follow 
 Schulze, that the measures he proposed to them had 
 been previously approved by his colleagues 4 . In cer- 
 tain cases the plebeian aediles might convene them 5 ; 
 but the power of the consuls in this particular would 
 appear to depend on what has lately been remarked 
 concerning the subjects brought before the tribes, and 
 the sanction of the senate required or not required for 
 their discussion 6 . It is conjectured 7 , from Livy and 
 Cicero, that the consuls presided in the comitia for 
 
190 ROMAN ANTIQUITIES. [chap. ii. 
 
 electing augurs and high-priests, and the high-priests in 
 those for the election of a Pontifex Maximus. Schulze, 
 however, observes that such comitia are not strictly so 
 reckoned as tributa, since they differed from these in 
 the number of the tribes which voted 8 ; and he is of the 
 same opinion respecting all the comitia to which the 
 consuls are said to have summoned the people by tribes. 
 We have stated how these comitia might be held with- 
 out the sanction of the senate : it is to be remarked also 
 that although the auspices were not taken, the pro- 
 ceedings might be broken off by the spectio de coelo : 
 thirdly, they were not attended by the solemnities of 
 prayer and sacrifice. In the case of both the C. cen- 
 turiata and the tributa, the notice on three previous 
 market-days was required, deliberation on the measure 
 was allowed, and both were subject to the interposition 
 of the tribunes, the tribunitia inter cessio ( 162), Pe- 
 culiar to these comitia was a regulation requiring that 
 the matter proposed should be decided in the course of 
 a single day 9 . With respect to the order of voting, it 
 is recorded that the lot was twice resorted to, namely, 
 to ascertain first the prcerogativa or principium, and, 
 next, the tribe in which the Latini ( 125) should vote 
 if they chose to do so 10 . It is natural to suppose that 
 the other tribes also settled by lot the order in which 
 they should vote 11 . Concerning the polling booths, 
 septa, and their entrances, pontes, the student should 
 consult Cic. ad Att. I. 16; and, respecting the officers 
 called rogatores, Cic. de N. D. I. 38. The vote of a 
 tribe, like that of a century, was the result of the votes 
 of the individuals composing it, tributes. Comitia 
 tributa for the election of magistrates, like C. centuriata, 
 for the same purpose, preceded by some months the 
 day on which they were to enter on their office. That 
 of the tribunes of the people commenced in the month 
 of December, whether on the nones or not is much dis- 
 
sect. 172.] ROMAN ANTIQUITIES. 191 
 
 puted. The customary place for meetings of the comi- 
 tia tributa was the Comitium in the Forum 12 ; they were, 
 however, sometimes held in other places, and, about 
 the end of the Commonwealth, appear to have generally 
 met in the Campus Martius, from which Tiberius is 
 said to have transferred these comitia to the senate. 13 
 
 1) Cf. Liv. 3, 54. 2) Cf. Liv. 3, 64. 3) Cf. Liv. 2, 56. 
 
 4) Cf. Liv. 43, 16; Plut. T. Gracch. 11. 5) Cf. Liv. 3, 31. 
 
 6) Cf. Schulze p. 359. 7) Liv. 25, 5 ; Cic. Ep. ad Brut. 5. 
 
 8) Schulze p. 359. 9) Cf. Dionys. 9, 41. 10) Cf. Liv. 25, 3. 
 
 11) Cf. Cic. de Lege Agr. 2, 9 ; Liv. 1. c. 12) Cf. Varro de 
 
 L. L. 4, p. 37 ; Liv. 22, 7 ; Suet. Cass. 10. 13) Cf. Tac. Ann. 
 1, 15. 
 
 172. The power of the people against the senate and 
 the patricians, I consider to have been greater in the 
 comitia centuriata than in the curiata ( 146), and to 
 have attained its greatest extent in the comitia tributa 
 after the enactment of the lex Horatia de plebiscitis. 
 Hence we read of the majesty of the people, which, 
 however, continued to be controlled by the authority of 
 the senate ( 177), and checked by the force of super- 
 stition and custom. 
 
 OF THE SENATE. 
 
 173. The origin of the Senate 1 was coeval with that of 
 the state itself ( 129). The number of its members, 
 which all agree to have been at its first institution by 
 Romulus, one hundred, is asserted by some to have 
 been doubled on the incorporation of the Sabines with 
 the Roman people, and by others, to have, at all events, 
 been then increased 2 . Livy alone makes no mention of 
 even an augmentation 3 . Tarquinius Priscus, being 
 earnestly bent on extending the power of the crown at 
 the expense of the senate and patricians 4 , added in the 
 comitia a new century from the plebs, and doubled the 
 
192 ROMAN ANTIQUITIES. [chap ii. 
 
 centuries of knights ( 135). Afterwards, and certainly 
 from the time of Brutus, the senate appears to have 
 consisted of three hundred 5 members, and to have so 
 continued until the dictatorship of Sylla, who greatly 
 increased it, though it is uncertain to what extent: 
 Drusus had shortly before attempted the same thing, 
 and Gracchus before him. It is inferred from a passage 
 in Cicero 6 that from Sylla's time the number was above 
 four hundred. Caesar and the triumviri disgraced it by 
 the admission of a crowd of worthless persons?, thereby 
 gaining for those so promoted the title of orcini ( 59). 
 Augustus, although he stripped it of all power, restored 
 the semblance of its original constitution and dignity. 
 
 1) So called, like the yepovaia of the Greeks, because it was a 
 council of aged men. Cf. Fest. in senatores. 2) Cf. Zamosc. de 
 Sen. Rom. 1, 18; Thes. Grsev. v. I. p. 1100. 3) Liv. 1, 17. Cf. 
 Prop. 4, 1, 14. 4) Cf. Liv. 1, 35. 5) Liv. 2, 1. 6) Cic. 
 
 ad Att. 1, 13: " Homines ad XV Curioni, nullum senatusconsul- 
 tum facienti, assenserunt: ex altera parte facile CCCC fuerunt. 
 7) See Suet. Aug. 35. 
 
 174. The election of the senators appears, from what 
 has just been said, to have belonged at first to the 
 kings, afterwards it rested with the consuls, burghers, 
 or the populus 1 , and then with the censors, either from 
 the time of the first institution of that office, which is 
 the opinion of Zamoscius, or, as I think more probable, 
 not till some time later 2 . In the election, regard was 
 had to rank, birth, property, honour, and age. With 
 respect to rank, in order to avoid useless discussion, we 
 must not confound the occasional admission of some of 
 the commons with a positive equalisation of rights be- 
 tween the commons and the senatorial order. Some 
 consider that the senate was thrown open to the com- 
 mons 3 at the same time as the censorship, A. U. C. SS5 ; 
 others infer from Livy 4 , but, I apprehend, incorrectly 5 , 
 that access to it was granted them before that time. 
 It was natural that whatever commoners were admitted 
 
sect. 175.] ROMAN ANTIQUITIES. 193 
 
 to the senate should be selected chiefly from the 
 knights ; and hence has arisen the notion, prevalent 
 among antiquaries, that the equestrian order was the 
 seminary of the senate 6 . It can scarcely be necessary 
 to remind the reader that, in the free ages of the Re- 
 public, freedmen were not admissible. I cannot believe 
 that a property-qualification was originally required ; 
 at all events, not till after the institution of the censor- 
 ship ; and even in this case, I am at a loss to understand 
 how, supposing it to have existed, there were found in 
 the senate, even long after that institution, men remark- 
 able for their poverty 7 . It is, however, certain that 
 some such qualification did exist, even during the free 
 ages, both for the equestrian and the senatorial order 8 . 
 Suetonius asserts 9 that it was raised by Augustus 
 from eight hundred sestertia to one thousand two 
 hundred. With respect to the honourable qualifi- 
 cations, those were chosen who had been magistrates 
 of at least the inferior class 10 : it would appear that, in 
 later times, at all events, it was by law all but indis- 
 pensable that they should have been quaestors 11 : and 
 hence the requisite age for a senator is supposed to 
 have been thirty, that for a quaestor ( 184) being 
 twenty-seven. 
 
 1) Cf. Fest. inprceteriti. Liv. 2, 1. 4, 4; Cic. pro Sext. 65; Grun. 
 Introd. in Ant. Rom. p. 104. 2) Cf. Zamosc. 1, 3, p. 1074; 
 Manut. de Sen. R. ; Liv. p. 1012. 3) See Liv. 4, 43 and 54. 
 
 4) Liv. 4, 15 ; cf. 5, 12. 5) The Lex Ovinia Tribunicia men- 
 
 tioned by Festus, in pr&teriti senator es, and ascribed to A. U. C. 
 402, is to be taken in connection with this subject. It enacted, 
 " Ut censores ex omni ordine optimum quemque curiatim in sena- 
 tum legerent." 6) Cf. Liv. 2, 1. 42, 61. 7) Cf. Plin., 4, prooem. : 
 " Posteris laxitas mundi et rerum amplitudo damno fuit, postquam 
 senator censu legi cceptus, judex fieri censu," etc. 8) Cf. Zamosc. 
 1, 10. 9) Aug. 41 ; cf. Dio Cass. 54, 17. 10) Cf. Liv. 5, 12. 
 20, 49. 11) Cf. Tac. Ann. 11, 22. 
 
 175. There is no reason, however, for supposing that 
 every one possessing all the legal requisites was neces- 
 
 o 
 
194 ROMAN ANTIQUITIES. [chap. ii. 
 
 sarily to be chosen. Gellius, indeed 1 , informs us that 
 all who had borne curule offices were privileged to 
 enter the senate, and might even vote ( 176), but yet 
 were not senators. Whether the quaestors enjoyed the 
 same privilege, seems to me doubtful ; and equally so is 
 the case of the tribunes 2 ; at all events the right was 
 different when enjoyed during their time of office from 
 what it became after they had discharged the same 3 . 
 The censors not only elected new senators, but might 
 remove the old if unworthy : the method of removal 
 was, by omitting the person's name when the censor 
 read over the roll of the senate at the lustrum. Among 
 the reasons for removal 4 were, a deficiency in the 
 property-qualification, to which no disgrace was at- 
 tached, nota sine infamia, a bad moral character, which 
 also excluded from election, the infamy of having been 
 cast in a state trial, sordid gains, and other such things. 
 The person whose name stood first on the censor's roll 
 was called princeps senatus, a title of dignity, not of 
 power 5 ; for which reason it was craftily chosen by 
 Augustus with a show of modesty 6 . 
 
 1) Gell. 3, 18. 2) Cf. Zamosc. 1, 9. 3) Cf. Liv. 39,42. 
 
 45, 15. 4) Hence are to be explained the marks or remarks, 
 notce, affixed to the names of those who were removed by the 
 censors, and mentioned by Livy 39, 42 : " Patrum memoria insti- 
 tutum fertur, ut censores motis senatu adscriberent notas." 5) See 
 Liv. 27, 11. 6) Cf. Tac. Ann. 1, 1. 
 
 176. The senators, like the patricians, were divided 
 into senators of the greater and of the lesser houses 
 ( 130). The title ofpatres conscripti, found in the for- 
 mulary by which the herald summoned the senate 1 , qui 
 patres quite conscripti sint, is said by some of the 
 ancients to have distinguished those added by the first 
 consuls; by others, to refer to the union of the Romans 
 and Sabines 2 . This distinction, if it ever really existed, 
 was, in course of time, dropped, at least in addressing 
 the senators, to whom the appellations cives quirites and 
 
sect. 177.] ROMAN ANTIQUITIES. 195 
 
 patres conscripti were equally styles of honour. Con- 
 cerning the senatores pedarii, Gellius 3 gives two opi- 
 nions ; one, which seems undeserving of notice, is, 
 that they were so called because they might not re- 
 pair to the senate in carriages ; the other is, that 
 being debarred from delivering their own opinion, they 
 could merely assent to that of another by passing over 
 to his side on a division 4 ; such we may conclude those 
 to have been who, as we just now stated, were privileged 
 to enter the senate but yet were not senators, and who 
 are referred to in the formulary for convening the senate, 
 senatores , quibusque in senatu sententiam dicer e licet 5 . 
 The insignia of senators were the latus clavus, tunica 
 laticlavia, distinguishing them from the knights who 
 wore the angustus clavus ( 137), and black shoes 6 orna- 
 mented with a silver crescent 7 ( 131), whence the 
 terms lunata pellis smd planta lunata 8 . In the theatre 
 and at all public spectacles, they, as well as the knights 
 (cf. 348), sat in a particular place, called the or- 
 chestra 9 . 
 
 1) See Liv. 2, 1. 2) Cf. Liv. 2, 1 ; Fest. in conscripti, Lydus 
 de Magg. 1, 16. 3) Gell. 3, 18. 4) The verse of Laberius, 
 
 " Caput sine lingua, pedaria sententia est," is understood to refer 
 to this. 5) Gell. ib. 6) Cf. Hor. Sat. 1, 6, 27. 7) Cf. 
 
 Juven. Sat. 7, 192. 8) Mart. 1, 50, 31. 2, 29, 7. 9) Cf. Suet. 
 Cs. 39 ; Aug. 44. Orchestra is sometimes equivalent to senatus 
 (Cf. Juven. 3, 178). 
 
 177. Respecting the authority of the senate, we must 
 bear in mind the remark made in 146, that the power 
 of the state was divided between the senate, the people, 
 and the king. The king, presiding over the senate, re- 
 tained in his own hands the management of religious 
 matters, the regulation of morals, the exposition of the 
 laws, and the supreme command in war 1 : with the 
 people, populus, rested the creation of magistrates, the 
 management of state trials, and the ratification or re- 
 jection of decrees for war or peace proposed by the 
 magistrates 2 : the authority of the senate in this par- 
 
 o2 
 
196 ROMAN ANTIQUITIES. [chap. if. 
 
 ticular has been explained in speaking of the comitia. 
 As the power of the people increased, that of the 
 senate decreased; and, in fact, the Lex Horatia, re- 
 vived by the Lex Hortensia( 170), appears to have left 
 it nothing beyond the care of administering to, and 
 executing the enactments of, the people, inasmuch as 
 every new measure originated with the tribunes. The 
 people never did, however, so far encroach on the 
 senate as the law in theory allowed them to do ( 229), 
 and, in fact, in an empire so vast as the Roman was, 
 many things were, of necessity, left to the discretion of 
 the senate 3 . 
 
 1) Cf. Dionys. 2, 14 ; Creuz. 133. 2) Cf. Polyb. 6, 14. 
 
 3) Hence it has been well remarked by Heeren (Handb. d. Gesch. 
 p. 422), that although the people would seem to have been ren- 
 dered omnipotent by the Lex Horatia, the history of Rome, like 
 that of all free states, proves, by many instances, how rash it is to 
 conclude that any law, because passed, obtains the full influence 
 intended for it. 
 
 178. Hence it is that Polybius 1 , when denning the 
 duties and rights of the senate, assigns to it the control 
 of the treasury, the punishment of public misdemeanors 
 throughout Italy, the protection as well of individuals as 
 of states, the sending embassies to foreign nations, and 
 the granting audiences to such as were sent to Rome : 
 all these things, as also military matters, and treaties, and 
 alliances were, in his time, decided by the senate ; gene- 
 rally without any reference to the people 2 . Concerning 
 the trials which came before the senate, see 269. No 
 wonder, then, that the senatorial dignity, having been 
 highly esteemed in the Republic, should have been 
 esteemed as the highest in the whole world after Rome 
 had extended her dominion far and wide ; we ac- 
 cordingly find that the senate was styled, or do amplissi- 
 mus, maximus, or sanctissimus, sanctum consilium, and 
 so forth 3 . Under the Caesars, the senate, although 
 allowed to retain a great semblance of authority, de- 
 pended, in reality, on the emperor 4 . Its empty insignia 
 
sect. 179.] ROMAN ANTIQUITIES. 197 
 
 of honour were left, and even some new ones added to 
 compensate for its loss of power ( 229), It continued 
 to exist as a body, through a variety of changes, down 
 to the days of Justinian, and expired only with the 
 patrician order, when Rome fell a prey to the sword, 
 the pestilence, and famine. With it, Niebuhr 5 con- 
 siders Rome to have also died, having fulfilled the 
 period of twelve scecula, or cycles of one hundred and 
 ten years each, making one thousand three hundred 
 and twenty years, which an ancient prophecy had fixed 
 as the extent of its duration 6 . 
 
 I) Polyb. 6, 13. See Molitor. : Responsio ad quaestionem " con- 
 scribatur nistoria senatus Romani," p. 102. sqq. in Annall. Acad. 
 Gandav. a. 1823. 2) Cf. Cic. in Vat. 15: " Eripueras senatui 
 provincial decernendae potestatem, imperatoris deligendi judicium, 
 aerarii dispensationem : quae nunquam sibi populus Romanus adpe- 
 tivit," etc. 3) Cf. Cic. pro Dejot. 3 ; pro Domo 28 ; Horat. Od. 
 4, 5, 3. 4) Cf. Plin. Ep. 8, 14. 5) See Niebuhr 1. p. 154. 
 6) Cf. Censor, de D. N. c. 17. 
 
 179. During the monarchy, the kings used to sum- 
 mon the senate by an edict, or by a herald * ,and pre- 
 sided at its deliberations, senatum habebant. In the 
 times of the Republic, the consuls summoned it and 
 presided : if they were absent, or otherwise prevented, 
 recourse was had to the other superior magistrates 2 , 
 chiefly to the praetors : extraordinary magistrates, such 
 as the dictator, the interrex, and the praefect of the 
 city ( 204), although, respecting the latter, doubts 
 were entertained even by ancient writers 3 ; the magis- 
 ter equitum would also appear not to have been wholly 
 excluded from this privilege 4 . Of the inferior magis- 
 trates, none but the tribunes of the people possessed it, 
 and they could exercise it even against the wish of the 
 consuls 5 ; but I am inclined to think that, for a long 
 time, their power in this particular extended only to 
 the making motions in the senate when convened and 
 presided over by another, not to the convening of it 
 themselves. The places appropriated to the delibera- 
 
198 ROMAN ANTIQUITIES. [chap. n. 
 
 tions of the senate were the curiae ( 49), the most 
 noted of which was the curia Uostilia, called, by way of 
 distinction, the curia. The senate might, however, be 
 held in any place duly consecrated by the augurs, and 
 often sat in temples, chiefly in that dedicated to Con- 
 cord 6 , which is also mentioned, with the temple of Bel- 
 lona, as being one of the three senacula in which the 
 senate gave audience 7 to foreign embassies, and to 
 generals in command who had repaired to the city 
 ( 375). With respect to the times of its assembling, 
 the senate was said to be legitimus or indictus ; legiti- 
 mus when it met on certain fixed days, namely, on the 
 kalends, nones, and ides, of every month, before the 
 time of Augustus, and, from his time, on the kalends 
 and ides only 8 . The senatus indictus might meet on 
 any day whatever except the dies comitiales, either all, 
 or, according to Nieuport and Zamoscius, those only 
 on which the comitia actually took place 9 . It is in- 
 ferred from Cicero that the whole month of February 
 was devoted exclusively to giving audience to ambas- 
 sadors 10 . 
 
 1) Cf. Tac. Ann. 2, 28 ; Cic. Phil. 1, 5 ; Liv. 3, 38. 2) Cf. 
 
 Gell. 14, 7. 3) See Gell. 14, 7 and 8. 4) Cf. Zamosc. 2, 3. 
 
 5) Cf. Cic. ad Q. Fratr. 2, 1 ; de Orat. 3, 1. 6) Cf. Gell. 14, 7 ; 
 Suet. Aug. 35 ; Sail. B. C. 47. 7) Cf. Fest. in senacula, in 
 Liv. 31, 47. 33, 22 and 24. 8) Suet. Aug. 35. 9) See Za- 
 
 mosc. 2, 7 ; Cic. ad Q. Fratr. 2, 13. 10) Cic. ad Div. 1, 4; 
 
 cf. Verr. 2, 31 ; Zamosc. 2, 7. 
 
 180. It was requisite that the senate, like the comitia 
 ( 149), should be holden between sunrise and sun- 
 set *, nor might any new measure be proposed after the 
 tenth hour 2 . Its deliberations were preceded by ob- 
 servance of the auspices, and by a sacrifice in front of 
 the curia in which it met 3 . Cic. ad Quint. Fratr. II. 1. 
 furnishes a valuable account of the mode in which its 
 deliberations were conducted 4 . The senators being as- 
 sembled, and the subject for debate having been laid 
 
sect. 180.] ROMAN ANTIQUITIES. 199 
 
 before them 5 by the magistrate presiding, or, some- 
 times, I believe, by any one else, the members gave 
 their opinions ; in doing which it was anciently the 
 custom for the princeps senatus to speak first, if the 
 comitia consularia for the year had not been held ; if 
 they had, the consuls elect spoke first. When this 
 custom had fallen into disuse, some regard was still paid 
 to the rank of the members ; for instance, those who 
 were only of praetorian dignity might not precede such 
 as were of consular rank 6 . This regulation, however, 
 and others similar to it, never rested, in my opinion, 
 on any positive enactment ; they were neglected by 
 Julius Caesar, and Augustus deemed it prudent to take 
 the opinions quite indiscriminately 7 . A senator when 
 called on for his opinion might, if he pleased, digress 
 from the question, and speak of any other matter of 
 public interest, a practice denoted by the well-known 
 expression, diem dicendo eximere, consumere, tollere 8 : 
 it has already been remarked ( 168) that a similar 
 stratagem was employed in the comitia. If an opinion 
 comprised several distinct points, the party giving it 
 was desired to propose each in a distinct form, dim- 
 dere 9 . With respect to the matters for deliberation, it 
 was ruled that such as pertained to the gods should 
 be discussed before all others 10 . A member might make 
 a motion even without being called on to do so; or 
 at least might request the president to call on him, 
 though I doubt whether the latter was therefore, bound 
 to do it, especially if it was a tribune who applied to 
 him 11 . Livy asserts that the opinions were sometimes 
 given upon oath 12 . 
 
 ]) Cic. Phil. 2, 10; ad Q. Fratr. 2, 13 ; Gell. 14, 7. 2) Cf. 
 Sen. de Tranq. Animi extr. 3) Cic. ad Div. 10, 12 ; Suet. Caes. 
 81 ; Gell. 1. c. 4) Cf. also pro Mur. 30. 5) Referre and relatio 
 were the stated expressions in this case, like rogare sententiam and 
 censere. 6) Cf. Gell. 14, 7 : Cic. Phil. 5, 16; ad Div. 10, 12; pro 
 Red. ki Sen. 7; Sail. Cat. 49 (50); Liv. 5, 20; Suet. Caes. 11, 
 
200 ROMAN ANTIQUITIES. [chap. ii. 
 
 7) See Suet. Aug. 35. 8) Cf. Cic. ad Att. 1, 16. 4, 2 ; Verr. 2, 
 39; ad Q. Fratr. 2, 1 ; Gell. 4, 10. 9) Cf. Sen. de V. B. 3 ; 
 
 Plin. Ep. 8, 14. 10) Gell. 14, 7. 11) Cf. Nieup. 1, 2, 6. 
 
 12) Liv. 26, 33, and elsewhere. 
 
 181. If the senate proved unanimous, its resolution, 
 senatusconsultum, decretum, was ascertained by a di- 
 vision, per discessionem ; if divided in its opinion, the 
 vote of each member was taken separately and singly : 
 so Varro, as quoted by Gellius 1 . This account, how- 
 ever, is not quite clear ; for we read in the same passage 
 of Gellius that, according to Ateius Capito, no decree 
 could be made without a division 2 . The form of di- 
 viding the house is said to have been qui hoc censetis, 
 illuc transite ; qui alia omnia, in hanc partem^ ; and it 
 seems reasonable to conclude that a division took place 
 whenever there was any diversity of opinion, although 
 it might not be, further, requisite to count the votes on 
 each side, whilst it would still appear that the form was 
 devised in order to facilitate such counting if necessary 4 : 
 the circumstance that the pedarii ( 176) could vote 
 only with others, and consequently by means of an actual 
 division alone, furnishes an additional reason for thinking 
 that a division always took place when opinions were 
 divided, for otherwise it would have been superfluous 
 with respect to those who were entitled to speak, and 
 also with respect to the pedarii, since they could only 
 follow these*. The words in the formulary, qui alia 
 omnia, are explained as an euphemism adopted for 
 
 * I am not confident of having fully ascertained the author's 
 meaning in this part of the section. I conclude that he means to 
 reject the idea of a division, when all were agreed, aut per disces- 
 sionem si consentiretur, (see note 1.) as superfluous, and also to 
 limit the counting of the votes to the cases when the division did 
 not sufficiently show on which side the majority stood. It would, 
 however, seem easy to reconcile the words of Varro and Capito by 
 concluding that the form of a division, although not a division in 
 reality, was observed in all cases alike, even when all were agreed, 
 and solely pro forma. ( Translator.) 
 
sect. 182.] ROMAN ANTIQUITIES. 201 
 
 avoiding the ill omen attaching to qui non censetis 5 : it 
 may, however, be suggested, that the formula was not 
 used except when, three or more opinions having been 
 proposed, it became necessary first to ascertain which 
 had the fewest adherents, that it might be entirely 
 superseded and the rest alone considered*. 
 
 1) Gell. 14, 7. 2) Cf. Cic. Phil. 6,1; ad Q. Fratr. 2, 1 : 
 
 " Ibatur in earn sententiam ;" Sail. Cat. 51, "Senatus in Catonis 
 sententiam discessit ;" Cic. Phil. 3, 9, " Senatusconsultum de sup- 
 plicatione per disccssionem facit, quum id factum esset antea nun- 
 quam." Comp. also the S. C. 220, on Vespasian's mode of 
 governing, " Per relationem discessionemque." 3) Cf. Plin. 
 
 Ep. 8, 14. 4) Cf. Vopiscus in Aurel. 20. 5) Cf. Fest. in 
 
 qui hoc. 
 
 182. The division having taken place, the senatus- 
 consultum was drawn up in writing, as briefly as might 
 be, with mention of the originator of the measure. A 
 certain number of members were requisite to form a 
 quorum, without which no decree could be made ; the 
 number requisite was various at various times 1 ; but it 
 does not appear that the question, whether a quorum 
 were present, was made before the deliberations com- 
 menced ; hence if a member wished to prevent a decree 
 from passing, he would say, numera senatum, count the 
 house 2 . A fine was imposed on absentees without 
 sufficient reason 3 , and a pledge of attendance might be 
 exacted 4 : I imagine, also, that offenders against the 
 discipline of the body, and any who failed in respect to 
 the president, were finable. The expression, ccedere 
 pignora, is connected with the custom of exacting 
 pledges of attendance ; meaning, according to Za- 
 moscius 5 , to sell what had been exacted : but this we 
 maybe allowed to doubt 6 . One legal impediment to 
 the proceedings of the senate, as also to those of comitia ; 
 
 * The author should have suggested the substitute for the words 
 when these were not used : his conjecture in other respects appears 
 ingenious, and deserving of attention. (Translator.) 
 
202 ROMAN ANTIQUITIES. [chap. ii. 
 
 lay in the veto of the tribunes of the people ; these, at 
 first, used to sit at the doors of the senate, and there 
 received the announcement of the decree ; but, in 
 course of time, they were admitted to be present in the 
 house itself. Other magistrates, provided they were of 
 superior or, at least, equal rank to the president, might 
 also impede a measure in the same way 7 . Any reso- 
 lution of the senate made without the presence of a 
 quorum, or attended by any other informality in the 
 assembling of the house, or in its proceedings, or frus- 
 trated by the intercession of the tribunes, &c. was 
 called 8 auctoriias perscripta 9 . The senatusconsulta 
 were, at first, committed to the custody of the plebeian 
 aediles, who laid them up in the temple of Ceres 10 ; 
 afterwards they were kept by the quaestors, and in the 
 treasury, in a spot called the tabularium, together with 
 the laws ( 149), and other public documents 11 . Sue- 
 tonius (Caes. 20) informs us that Julius Caesar was the 
 first who caused the transactions of the senate and 
 people to be published daily ; these were the acta 
 diurna 12 ; and also that Augustus prohibited the publi- 
 cation of those of the senate (Aug. 36). We have 
 touched on the question whether the senatusconsulta 
 had the force of laws in 262 of this work. Besides 
 the senatusconsulta, which have come down to us en- 
 tire and undoubted, and others still extant either forged 
 or of doubtful authority, the decree in Livy (XXXIX. 
 18.) respecting bacchanals, is reckoned as a senatus- 
 consultum. 
 
 1) Cf. Liv. 39, 18; Cic. ad Q. Fratr. 2, 1 ; Dio Cass. 54. extr. 
 2) Fest. in numera, cf. Cic. ad Att. 5, 4, ad Div. 8, 1 1 (the letter 
 of Ca3lius). 3) Gell. 14, 7. 4) Liv. 43, 16 : " Censores ad 
 
 pignora capienda miserunt, multamque pro concione privato dix- 
 erunt ;" Cic. Phil. 1, 5, " Coguntur enim non pignoribus (when it 
 was a question of a public thanksgiving), sed eorum, quorum de 
 honore agitur, gratia," etc. 5) Zamosc. 2, 4. 6) Cf. Cic. 
 
 de Orat. 3, 1. 7) Cf. Gell. 14, 7. 8) Cf. Cic. ad Div. 8, 8 
 
 (epist. Ccelii), de Orat. 3, 2 ; Dio Cass. 55, 3. 9) I prefer per- 
 
sect. 183.] ROMAN ANTIQUITIES. 203 
 
 scripta to prcescripta, which other writers have adopted. 10) Li v. 
 3, 55. 11) Cf. Tac. Ann. 3, 57 ; Cic. pro Rab. 3; Liv. 43, 16. 
 12) Cf. Creuzer 116, who has also connected with this subject 
 the passage in Lydus (de Magistrr. 3, 20). 
 
 OF THE MAGISTRATES. 
 
 183. The word magistrates 1 served, among the Ro- 
 mans, to denote both the persons who held public 
 offices and the offices themselves ; these were also 
 called honores, and hence we read of magistrates 
 honorati 2 , and jus honorarium ( 191). The question 
 whether the Roman magistrates were at first priests, 
 has long furnished matter of 'debate, and seems at the 
 present day to be a peculiar favourite with some writers. 
 I have thrown my own opinion respecting it into a 
 note 3 . Of the magistrates, some were perpetual or 
 regular, others appointed only on particular emergen- 
 cies and for a season, and thence were distinguished as 
 ordinary or extraordinary : some became nobiles ( 132) 
 by virtue of their office, the lowest of these being the 
 curule aediles 4 : on others, their office did not confer 
 that distinction, and these were called non-curule, as 
 the former were curule, from the curule chair, which 
 was peculiar to the superior magistrates 5 , and is often 
 seen on coins : with reference to this privilege, magis- 
 trates were called majores or minores, and this dif- 
 ference in rank affected the efficiency and validity of 
 the auspices they observed (152): another division 
 was that of city or provincial magistrates, urbani et pro- 
 vinciates. Some possessed only civil powers, others 
 united civil and military authority ; persons vested only 
 with the latter were not, strictly speaking, magistrates 
 ( 245). Imperium denoted, properly, military authority, 
 and when ascribed to magistrates not possessing such, 
 it was understood 6 of their right of issuing edicts, of 
 
204 ROMAN ANTIQUITIES. [chap. ii. 
 
 summoning and seizing (whence vocationem, prehensi- 
 onem Jiabere, etc.). This power is said to have be- 
 longed more peculiarly to the praefects, who are said 
 to have jurisdiction as well as imperium, the former 
 consisting 7 in their competency to issue decrees and as- 
 sign judges for the trial of causes ( 268), Among the 
 other attributes of magisterial power, were the rights of 
 holding assemblies, of proposing new measures, of 
 taking the auspices by victims and by the sky, spectio 
 ( 151), and committing to prison 8 . The dictator alone 
 excepted ( 202), they were all liable to be called to ac- 
 count by the people. 
 
 1 ) So magisterare, from magister. Festus : " Magisterare re- 
 gere et temperare est." 2) Cf. Cic. de Legg. 1,11. 3) It 
 
 has been remarked ( 130, 131) that originally the care of the 
 state, and also of religious matters, rested with the patricians alone, 
 who were not on terms even of intermarriage with the plebeians, 
 and that the magistrates, priests, and senators, were chosen from 
 their body alone. The rest of the citizens, we have seen ( 136), 
 were all plebeians, only a few of whom were distinguished from the 
 rest by the right of military service on horseback. This may suffice 
 us, and the lovers of novelties in history may be left to fancy a 
 rigid division of the Romans into three (cf. Niebuhr vol. 1 . p. 224 
 sqq. et alibi) or more classes, resembling the castes of the ifegyp- 
 tians, Indians, or others ; distinct in race, and possessing each its 
 exclusive right to certain offices. It is, however, requisite to ven- 
 ture an opinion on the conjecture, and even positive assertion (cf. 
 Creuzer, $$83 and 128), which is closely connected with this 
 notion, that the Roman magistrates were at first all priests. Setting 
 Lydus aside, (for if ever an author were undeserving of credit, it is 
 he,) my opinion is as follows : Under the kings, the only magis- 
 trates known were the quaestors, the praefect of the city, and the 
 interrex; unless, perhaps, the tribune of the Celeres ( 135 and 
 204) is to be added, whilst we hear of numerous colleges of priests 
 from the time of Romulus, certainly from that of Numa ; and no 
 ancient author has styled the former priests or the latter magistrates. 
 Of the kings themselves, some are said to have been foreigners ; 
 and it would have been strange indeed, if the patricians were an 
 order of priests and magistrates, (cf. Creuz. 128; Nieb. vol. i. 
 p. 227,) that they should have sought from among foreigners men 
 who were to be heads of both priesthood and magistracy, sacerdo- 
 magistrates, if I may coin a word for the occasion. The magis- 
 trates which were added under the consuls evidently cannot have 
 been priests in the time of the kings, and whilst on the one hand 
 none of the ancients called them priests, on the other it is not easy 
 
sect. 184.] ROMAN ANTIQUITIES. 205 
 
 to see why, if they were so, new priestly offices should have been 
 added to those they already held. I confess, however, that there 
 always existed at Rome a close connection of civil and military with 
 religious affairs, that it was most close in the earlier times, and that 
 accordingly the same existed between the magistracy and religion : 
 and if in this respect any one choose to call the magistrates priests, 
 it is no novelty, but, in my judgment, quite correct. It will not, 
 however, be allowable to conclude, that because the patricians alone 
 are said to have had the auspices ( 130), that their whole body, 
 or at least the magistrates chosen from it, were therefore priests ; 
 for if this be granted, what will hinder our asserting the patricians 
 to have all been priests even under the Caesars ? not to mention the 
 various difficulties connected with the subject of the auspices. 
 4) Cf. Cic. de Legg. 3, 3. 5) Cf. Gell. 6, 9 ; Lyd. 1, 32. Curule 
 ebur, Hor. Ep. 1, 6, 53. Cf. Ovid, de P. 4,9,27. 6) Cf. Cic. de 
 Legg. 3, 3 ; Gell. 13, 12 ; Hein. Ant. Rom. Synt. 4, 6, 5. 7) Cf. 
 Hein. ib. 4, 6, 6. 8) Cf. Creuz. 131. 
 
 184. The right of making magistrates belonged to 
 the people, and was finally taken from them by Tiberius. 
 Between the time of their election and entrance on their 
 duties, they were called designati, elect (167): they 
 swore to observe the established laws 1 . The ordinary 
 offices of the magistracy were held seriatim, none being- 
 eligible to a higber who had not held the lower offices 2 , 
 and a certain age was requisite for each step; hence 
 the expression anno suo 3 consul, &c. The Lex fillia 
 Annalis, also called comitialis (A. U. C. 572), had re- 
 ference to tbis particular, making a fixed regulation of 
 what had apparently been hitherto the established cus- 
 tom 4 : from this law the house of its originator obtained 
 the cognomen of Annalis 5 . It is thought that it made 
 the legal age for the quaestorship to be twenty-seven 
 years, though some say thirty-one ; for the aedileship, 
 thirty-seven ; for the praetorship, forty ; for the consul- 
 ship, forty-three ; since Cicero, who held each in suc- 
 cession, in the first year he was eligible, gained them 
 at those ages. Both the order of the series, however, 
 and the age, were sometimes dispensed with in the case 
 of particular candidates, by a legal enactment for the 
 purpose 6 . No one might hold two offices at the same 
 
206 ROMAN ANTIQUITIES. [chap. ii. 
 
 time 7 . Excepting the censorship, they were all annual. 
 Candidates were so called from the white (candida) 
 toga in which they appeared whilst canvassing for the 
 office 8 . They gave in (prqfiteri) their names to the 
 magistrate who was to preside, and when registered by 
 him, or even some time before, they sought to obtain 
 votes by requests, gifts, and in every possible way, 
 although, by law, bribery and unfair dealing were for- 
 bidden ; they were attended on this canvass by a person 
 called nomenclaior, from his telling them the names of 
 the parties they met 9 . Connected with these customs are 
 the words ambire, ambitio t cretata ambitio 10 , ambitus 11 , 
 crimen and judicium ambitus ( 264), prensare, and 
 prensatio 12 . 
 
 1) Cf. Liv. 31, 50. 2) Cf. Cic. Phil. 11, 5; Liv. 32, 7. 
 
 3) Cf. Cic. Agr. 2, 2. 4) Cf. Liv. 25, 2; Cic. Phil. 5, 17. 
 
 5) See Liv. 40, 44. Cf. Ernesti clavis Cicer. in lex annalis. 
 
 6) Cf. Liv. 40, 44 ; Cic. pro lege M. 21. 7) Cf. Liv. 7, 42. 39, 
 39. 8) Cf. Liv. 4, 25. 9) Cf. Cic. ad Att. 4, 1 ; pro Mur. 36 ; 
 Q. Cic. de Pet. Cons. 8 ; Sen. de Tranq. 12; and Ep. 19 ; Hor. 
 Ep. 1, 6, 50. 10) Pers. 5, 177. 11) Cf. Lucan. 1, 179. 
 12) Cf. Liv. 3, 35. 39, 41 ; Cic. pro Plane. 10 ; ad Att. 1, 1 ; Hor. 
 Ep. 1, 6, 49. sqq. 
 
 185. The kings were the chief magistrates in the 
 earliest times of Rome : and the word rex is thought to 
 be connected with the German reix or rhek, and the 
 affix rix found in Gaulish names. The Greeks called 
 both the early kings and the emperors of Rome fiaari- 
 Xew. Their power, of which we have spoken above 
 ( 177), was transferred nearly entire to the consuls. 
 The retaining of the odious epithet of royalty in the 
 case of the rex sacrificus ( S2S), appears to have been 
 owing to reverence for religious offices. The insignia 
 of royalty 1 appear to have been the trabea 2 , a golden 
 crown, an ivory sceptre, sceptrum or scipio, (surmounted 
 by the figure of an eagle,) which was also allowed to 
 generals at their triumph 3 , a curule chair, which, as 
 
sect. 185.] ROMAN ANTIQUITIES. 207 
 
 we have remarked, was retained by magistrates of the 
 higher order, twelve lictors, each with a bundle of rods 
 enclosing an axe 4 . Other marks of regal dignity were 
 the toga picta 5 , and buskins, cothurni 6 , (though this lat- 
 ter I am disposed to question,) with the laticlave 7 , and 
 the robe called the prcetexta, from its purple fringe 8 . 
 Of these insignia, some, as the trabea for instance 9 , are 
 thought to have been copied from the Latin kings, and 
 others from the Etruscans, from whom many things 
 were borrowed even under the Republic, and whose 
 ambassadors are reported by Dionysius to have con- 
 ferred these on Tarquinius Priscus 10 . Besides the 
 monarch himself, we have, under the kings, the tribune 
 of the Celeres, (if he is to be called a magistrate,) the 
 praefect of the city, the quaestors, and the extraordinary 
 officer called the interrex. In the free ages of the Re- 
 public, the ordinary and superior magistrates were the 
 consuls, praetors, censors, and curule aediles ; the su- 
 perior and extraordinary, the interrex, dictator, magis- 
 ter equitum, praefect of the city, the decemviri ap- 
 pointed to frame a code of laws, and the military tri- 
 bunes with consular powers ; the inferior and ordinary 
 were the tribunes of the people, the plebeian aediles 
 and quaestors ; the inferior and extraordinary were very 
 numerous. 
 
 1) Cf. Dionys. 3, 61 ; Lyd. de Magistrr. 1, 7. 2) Cf. Liv. 1, 
 41. As regards the etymology of the word, it may be supposed to 
 come from bars or stripes on the stuff, quasi trabibus virgatam. 
 Cf. clavatus. From trabea is the epithet trabeatus, applied to 
 QuirinUs, Ovid. Fast. 1, 37, and to the knights, Tac. Ann. 3, 2. 
 3) Cf. Juven. Sat. 10. 43. 4) Cf. Liv. 1, 8; Lyd. 1, 32. 
 
 TlepifloXaiov irop<f>vpovv, ttoikiXov, Dionys. 3, 61. 6) Cf. Lyd. 
 
 1, 32. 7) Cf. Dionysii, x iT ** ,va iropQvpovv, xpv<r6<rrinov. 8) Cf. 
 Plin. 9, 39. 9) Cf. Virg. .En. 7, 187 ; Lyd. 1, 32. 10) Cf. 
 
 Sail. B. Cat. 51 ; Liv. 1, 8 ; Flor. 1, 5. 
 
208 ROMAN ANTIQUITIES. [chap. ii. 
 
 CONCERNING THE SUPERIOR AND ORDINARY 
 MAGISTRATES. 
 
 Of the Consuls. 
 
 186. On the expulsion of Tarquinius Superbus, the 
 power which till then had belonged to the sovereign, 
 was vested, on the suggestion of Junius Brutus, in two 
 annual magistrates chosen from among the patricians l ; 
 eventually, i. e. from A. U. C. 387, one of them 2 was 
 taken from the plebeian order (205). Whether the 
 name consul was taken from their consulting the senate, or 
 from their consulting for the good of the commonwealth, 
 or from their judicial power, was a matter of dispute even 
 among the ancients themselves, which Quintilian has ridi- 
 culed 3 : ancient authors 4 also report that they were at 
 first called praetors ( 190) and judges. The notion that 
 they were so called from the secrecy of their councils, 
 a conditis consiliis, appears a mystical refinement like 
 that on the epithet Consus 5 ascribed to Neptune ( 284). 
 The Greeks called them vTraroc, i. e. supreme magis- 
 trates. Servius Tullius is said to have intended to 
 introduce a more popular form of government, by 
 abolishing the monarchy 6 . The consular, resembling 
 so nearly the regal power, the greater was the care 
 taken that no consul should be left without a colleague 7 . 
 Their insignia were nearly the same as those of the 
 kings 8 , excepting always the crown, and also the 
 sceptre, at least during the free ages of the Republic 9 . 
 Under the Caesars, the honour of the trabea, among 
 other things, was either restored or first allowed them 
 as some compensation for their diminished powers ; and 
 hence we find the trabea put for the consulship 10 , and 
 meet with the terms trabeata domus 11 , trabeatce fabu- 
 Ice 12 , and so forth. They were also flattered by the 
 privilege of decking the fasces with laurel, which before 
 
sect. 187.] ROMAN ANTIQUITIES. 209 
 
 had been restricted to triumphs 13 , and of being pre- 
 ceded by the axe, even within the city 14 . Another 
 distinction granted to the consuls consisted in desig- 
 nating the year by their name, a practice which con- 
 tinued as late as A. D. 541 ; whence the fasti consu- 
 lar es ( 334). Valerius Publicola set the example of 
 removing the axe from the fasces in the city, and of 
 allowing them to be borne before each consul in turn 15 . 
 It was customary for all to stand aside when the consul 
 passed, and for persons on horseback to dismount; his 
 attendant, lictor t chastised, or at least warned any who 
 failed in this mark of respect 16 . The other magistrates 
 rose when the consul appeared, and lowered their fasces 
 to him, as inferiors before their superior 17 . 
 
 1) Cf. Liv. 2, 1. 2) Cf. Liv. 7, 17 and 24. 3) Varro de 
 L. L. 1. 4. p. 22 : Consul nominatus, quod consulere populum et 
 senatum debet ; nisi illinc potius, unde Actius ait in Bruto, " qui 
 recte consulat, consul fiat." Cf. Cic. de Legg. 3, 3. Quint. 1, 6 : 
 " Pravis ingeniis ad foedissima usque ludibria dilabuntur : sitne con- 
 sul a consulendo, an a judicando ; nam et hoc consulere veteres 
 adpellaverunt," etc. Cf. Liv. 3, 55. 4) Niebuhr (vol. 2. p. 1 18.) 
 remarks that attention is due to an observation oi Zonaras (vii. 
 c. 19), stating that the consuls were not so called till after the fall 
 of the decemviri ; to which Niebuhr appends a conjecture of his 
 own, that they may have had the name before the institution of the 
 dictatorship. Cf. Dirksen Versuche zur Kritik des Rcem. Rechts, 
 p. 48. 5) Cf. Lyd. 1, 30 ; Creuz. 151. 6) Liv. 1, 48. Cf. 
 
 Beauf. Disc. Prelim, p. 16 ; Nieb. Rcem. Gesch. v. 1. p. 288 and 290. 
 7) Cf. Liv. 2, 7 ; Plut. in Pomp. p. 648 ; Suet. Cass. 26. 8) Liv. 
 2, 1. 9) Cf. Dionys. 3, 62, 4, 74 ; Vopisc. in Aurel. 13 ; Beauf. 
 v. 1. p. 287. 10) Symm. Epist. 9, 112 ; Claud, in Ruf. 1, 243 ; 
 in Eutrop. prolog. 1. 2. v. 10. 11) Claud, de Cons. Mall. Theod. 
 336. 12) Suet. Gramm. 31. 13) Cf. Cic. de Divin. 1, 28 ; 
 
 in Pis. 22. 14) Cf. Claud, in Eutrop. prolog. 1. 2. v. 7. 15) Cf. 
 Liv. 24, 9; Dionys. 5, 2 and 19, and the note of Grimm on the 
 passage. 16) Liv. 24, 44 : " Pater filio legatus ad Suessulam in 
 castra venit. Quum obviam Alius progrederetur, lictoresque vere- 
 cundia majestatis ejus taciti anteirent, praeter undecim fasces equo 
 praevectus senex, ut consul animadvertere proximumlictoremjussit, 
 et is, ut descenderet ex equo, inclamavit ; turn demum desiliens, 
 experiri, inquit, volui; fili, satin scires, consulem te esse." Cf. Sen. 
 Ep. 64. 17) Cf. Cic. in Pis. 12 ; Suet. Caes. 78. 
 
 187. This power, however, although divided between 
 two, seemed inconsistent with liberty, and was modified 
 
210 ROMAN ANTIQUITIES. [chap. ii. 
 
 immediately after the institution of the office, by Va- 
 lerius Publicola, who lowered his fasces before the 
 people 1 , populus, and took from the consuls their power 
 of life and death by introducing the law of appeal, lex 
 de provocatione, or, perhaps, by merely reviving it from 
 the neglect into which it had fallen under the kings, 
 and which it was afterwards more than once requisite 
 to renew (71) after its repeated violation by consuls : 
 in the last ages of the Republic, however, it seems to 
 have been restricted to certain criminal cases 2 . The 
 consular power was, however, chiefly checked by those 
 constant adversaries of the senate and consulship, 
 the tribunes of the people. Still it continued to be 
 considerable till the very downfal of liberty 3 , despite 
 the various restrictions placed upon it ; first, for in- 
 stance, by the creation of censors, and then of praetors ; 
 and, on occasions of great public danger, it used to be 
 made plenary and almost dictatorial by the well-known 
 order of the senate, videant (or, dent operam,) consules 
 ne quid respublica detrimenti capiat 4 . 
 
 The following are to be reckoned among the ordinary 
 attributes of consular power 5 . They had the greater 
 auspices ( 152), and, in war, the same authority as 
 the kings used to possess 6 , being ex officio the ordinary 
 rulers of the state ; all generals were under them ( 247 
 and 366), from whom they chose their legates and mili- 
 tary tribunes. They had authority to summon assemblies 
 of the senate and the people, and to preside in both ; 
 they consulted the senate on whatever they deemed of 
 importance to the Republic, might propose laws to the 
 people, especially in the comitia centuriata, and were 
 charged with executing the decrees of either the senate 
 or the people ; and all other magistrates, except the 
 tribunes of the people, were under their orders 7 : the 
 praetors were their chief deputies. Finally, the ad- 
 ministration of the provinces rested with them as chiefs 
 
sect. 188.] ROMAN ANTIQUITIES. 211 
 
 of the senate, and they might dispose of the public 
 money ( 393) for the purposes of war, even without an 
 order from the senate. 
 
 1) Liv. 2, 7; Cic. de Rep. 2, 31. 2) Cf. Cic. Phil. 1, 9. 
 3) Cf. Schulze p. 102. 4) Sail. Cat. 25 : " Ea potestas per 
 
 senatum, more Romano, magistratui maxima permittitur : exercitum 
 parare, bellum gerere, coercere omnibus modis socios atque cives, 
 domi, militiseque imperiura atque judicium summum habere. Ali- 
 ter, sine populi jussu, nulli earum rerum consulijus est." Cf. Caes. 
 B. C. 1,5. 5) Cf. Polvb. 6, 12. 6) Cf.Cic. de Legg. 3, 3. 
 
 7) Cf. Cic. de Legg. 3, 7 and 16. 
 
 188. At home they held the imperium and the fasces 
 alternately for a month at a time ( 186), and sometimes 
 for a different period, whence the expression, cum fas- 
 cibus esse 1 . In time of war, they generally both had 
 command, the provinces being assigned to them either 
 by the senate (though in later times it became more 
 usual for them to settle this by lot 2 ), or by agreement 
 between themselves : hence the expressions, provincias 
 sortiri, parare, comparare, and sorte, or comparatione 
 dividere, etc. Towards the end of the Republic, how- 
 ever, they generally remained at home during their 
 year of consulship, and afterwards went into the pro- 
 vinces with the title of proconsuls. Their office com- 
 menced (not to mention other times peculiar to the 
 very earliest stage of the Republic 3 ) on the ides of De- 
 cember 4 , afterwards on the ides of March, and finally 
 on the kalends of January 6 : at their entrance on it 
 they swore to observe the laws, proceeding in solemn 
 procession to the capitol, processus consularis, and 
 there offering a sacrifice 6 . Among other solemnities 
 of the occasion observed by them were, observation of 
 augury in the forum, a sacrifice in front of the curia, 
 also the manumission of a slave ( 59), by way of aus- 
 piciously commencing their duties 7 ; at the close of their 
 year they took an oath, on quitting office, that they had 
 governed faithfully to the best of their ability 8 . 
 
 p 2 
 
212 ROMAN ANTIQUITIES. [chap. ii. 
 
 1) Cf. Cic. de Rep. 2, 31 ; Dionys. 5, 2 ; Suet. Cses. 20. 
 2) Cf. Liv. 4, 37. 3) Cf. Pitiscus. 4) Cf. Liv. 4, 37. 5) Cf. 
 Cic. Phil. 2, 32. 6) Cf. Ovid, de P. 4, 4, 23, sqq. 7) Cf. 
 
 Amm. Marc. 22, 7 ; Claud. Hon. C. 4, 613. 8) Cf. Cic. ad 
 
 Div. 5, 2 ; with the notes of Manutius. 
 
 189. Under the Caesars the power of the consulship 
 became a mere shadow, although the honour continued 
 to be above that of all other magistrates, and was in- 
 creased by new paraphernalia ( 186). Its dignity, 
 nevertheless, decayed at the same time ; for although 
 there were never more than two at once, it became 
 customary for several to enjoy it in the course of the 
 same year, from which came the distinction of consules 
 ordinarii, and C. suffecti 1 , and some were even hono- 
 rarii, honorary consuls, possessing the mere insignia 
 and honours of the office 2 ; from which custom we are 
 to explain the codicilli or diplomas of consulship 3 , and 
 dijjtycha* consularia{% 424). In lieu of the powers at- 
 tached to the consulship under the Republic, new 
 offices were assigned to it, such as assigning guardians 
 to minors (112), letting the public revenues, which 
 had formerly been the business of the censors ( 393), 
 and presiding 5 in the games of the circus ( 348), which 
 were generally given at their expense, and afforded them 
 an opportunity of largess to the people 6 , a circumstance 
 which mainly induced Justinian to abolish the office 
 altogether 7 , A. D. 541, which had till then survived in 
 the eastern division of the empire. 
 
 1) Cf. Suet. Galba 6 ; Domit. 2 ; Tac. Hist. 1, 77 ; Dio Cass. 
 48, 35. 2) Cf. Suet. Caes. 76 ; Tac. Hist. 1, 79. 3) Cf. Suet. 
 Cal. 55 ; Cod. Theod. 6, 22, 1, and 6, 4, 23; Lyd. de Magistrr. 
 3, 7. 4) Cf. Creuz. 138. 5) Cf. Juven. 11, 193, sqq. 
 
 6) Cf. Lydus 2, 8. 7) Cf. Gibb. Hist, of the Fall, etc. 
 
 OF THE PRAETORS. 
 
 190. The institution of the Prsetorship, dating from 
 A. U. C. 387, when the senate was thrown open to the 
 
sect. 191.] ROMAN ANTIQUITIES. 213 
 
 plebs, was an attempt on the part of the patricians to 
 compensate for the loss of influence they suffered by 
 that measure ; their pretext was, that the consuls being 
 almost always absent from the city, could not attend to 
 the multiplicity of affairs which required their care, 
 especially the administration of justice; the praBtorship 
 was thereupon instituted next in rank to the consul- 
 ship 1 , and with the same auspices ( 152), as a substi- 
 tute for it, especially in affairs of justice 2 ; but this office 
 was also soon shared by the plebeians 3 , viz. about 
 A. U. C. 420. The name praetor, quasi prce-itor, from 
 prceire, denoted a leader generally, and, like the Greek 
 crTpaT7]yb<; } was applied to a variety of officers. Livy 
 relates that the consul was at first called prcetor, and 
 the dictator, prcetor maximus*. Among the derivatives 
 of the word are prcetorium, prcetoria cohors, and others. 
 A second was added, as is commonly 5 thought, A. U. C. 
 510, for the adjudication of suits between foreigners, or 
 between foreigners and citizens 6 , being thence called 
 prcRtor peregrinus 7 ; the other was styled P. urbanus, 
 major, and honor atus 9 . There were subsequently six 
 magistrates of this name, two of whom resided at Rome 
 for the administration of justice, and the others went 
 into the provinces ; ultimately, however, these four pre- 
 sided at state trials in Rome ( 264). 
 
 1) Cf. Lucan. 3, 106. 2) See Li v. 7, 1. 3) Liv. 8, 15. 
 
 4) Liv. 3, 55. 7, 3 ; cf. Cic. de Legg. 3, 3. 5) Cf. Hugo Gesch. 
 d. Rcem. Rechts 158. 6) Cf. Tac. Ann. 1, 15. 7) Cf. Hugo 
 158 and 77. p. 273. 8) Cf. Ovid. Fast. 1, 52. 
 
 191. Every praetor, whether he was to act in the city 
 or in the provinces ( 251), issued an edict, on assuming 
 office, stating the course he meant to pursue in the ad- 
 ministration of justice. The right of so announcing 
 by an edict, the plan they meant to pursue in matters 
 pertaining to their office, was, as we should naturally 
 
214 ROMAN ANTIQUITIES. [chap, ii, 
 
 expect, common to many other magistrates, and the 
 jus pontificium ( 318) would induce the belief that the 
 pontifical college also possessed it. Edicts were dis- 
 tinguished into occasional, repentina, and permanent, 
 perpetua. The most memorable, by reason not only of 
 their fragments, still extant in the Justinian code, but 
 in point of Roman jurisprudence, were the cedilita, 
 or those of the curule aediles, and the still more im- 
 portant praetorian edicts, whether of the city or of the 
 provincial praetors. Enactments originating with the 
 aediles or praetors are said to have been called jura 
 honor aria, from the eminent rank of those magistrates l . 
 
 I) Cf. prcetor honoratus. See Pomponius Digg. 1, 2, 2. 10 ; In- 
 stitt. 1, 2. $ 7. But a different opinion is found in Papinianus Digg. 
 1, 1, 7; cf. Hein. Hist. Jur. R. et Germ. 1, 3, 61, and Ritter's note 
 on the passage. 
 
 192. There is no perfect specimen extant of an an- 
 nual praetorian edict; such fragments 1 as have been 
 preserved in the Pandects or drawn from other sources 2 , 
 have been collected and illustrated by various hands, 
 some of whom have endeavoured to frame from them a 
 complete formulary 3 . From these fragments, it is very 
 evident that the praetor on such occasions forbade some 
 things, ordered others, declared in what matters and 
 under what circumstances he would grant right of 
 action, or decree possession, and announced a scale of 
 fines and penalties 4 : hence the formularies, vim fieri 
 veto ; actionem possessionem, judicium dabo / agendi 
 potestatem faciam; actio in factum, in rem, in per so- 
 nam, in duplum, triplum ; actio centum, ducentorum 
 aureorum; ut, quanti ob earn rem cequum videbitur con- 
 demnetur ; and such like. See note 1, 271. Hence 
 we may conjecture how much of the laws by which 
 causes were to be decided was quoted in the edicts, and 
 also that they differed altogether from what we call a 
 
sect. 193.] ROMAN ANTIQUITIES. 215 
 
 code of laws 5 . Particulars respecting prosecutions 
 have been given above, 171, sqq 6 . 
 
 ] ) The Pandects furnish numerous fragments, and among them 
 repeated instances of summaries of praetorian edicts, of which see 
 one De Sepulchro Violato I. 3 ; De Injuriis et Famosis Libellis 1, 7, 
 and 15, 17, where we find various distinctions of libel (see Hein. Syn- 
 tagma, 4, 4, 5. vol. 2. p. 206, sqq.); De Servo Corrupto, I. 1. (see 
 Hein. ib. 4, 3, 9). In the Institutes, 1,2, 7, we read concerning 
 the edicts of the aediles, " Proponebant et aediles curules edictum de 
 quibusdam causis, quod edictum juris honorarii portio est." Re- 
 specting the matters of which the aediles took cognizance, cf. Institt. 
 4, 9, and I. 1, 38, 40, sqq. ; Digest, de JEdW. ed. etc. ; from which it 
 would appear that they were mainly concerned with the purchase 
 and sale of goods, cattle, and particularly of slaves ( 53. Cf. 
 Heindorf. ad Hor. Sat. 2, 3, 285), and with the destruction of wild 
 beasts. Concerning the mode of proceeding before the aediles, cf. 
 Hein. Synt. 4, 9, 4. p. 287. Most of the matters which came before 
 the aediles, if not all of them, were comprised in the praetorian edicts, 
 with which it is thought those of the aediles were in course of time 
 confounded. Cf. Hein. 4, 9, 3. Professor Warnkcenig has appended 
 an arrangement made by Haubold of the extant portions of a prae- 
 torian edict to the book of Mackeldey, mentioned in 261 of this 
 work. 2) Cf. Cic. pro Quint. 27 ; Verr. 1, 45. 3) See Hau- 
 boldi Institt. J. R. Litter, t. 1. p. 331, sqq. 4) Cf. Cic. pro Rose. 
 Com. 8. 5) Cf. Hugo 178. 6) As regards the arrangement 
 of the matter in the city praetor's edict, Hasse (Rhein. Mus. 1. 
 Jahrg. 1. Heft. p. 51) remarks, that in its first part, which related to 
 prosecutions, it was arranged with reference to precedent, and that 
 the same system is observed in the Codex Justinianus, and still more 
 in the Digests. 
 
 193. The praetor had power in his edict to make ad- 
 ditions to those of his predecessors, of altering what 
 he thought fit in them, in short, of announcing reso- 
 lutions entirely of his own devising 1 . The clauses of 
 an edict were accordingly distinguished as nova, entirely 
 original, and tralatiiia, or borrowed from his prede- 
 cessors. Regard was of course paid to the circum- 
 stances of the times in these additions or modifi- 
 cations of former practice; and Papinianus 2 informs us 
 that t\\ejus honorarium of the praetors was admitted for 
 the sake of remedying or supplying for the public con- 
 venience the defects of ihejus civile with which it stood 
 in contrast, inasmuch as it rested neither on public 
 
216 ROMAN ANTIQUITIES. [chap. ii. 
 
 enactments nor authority. For such a purpose, it was 
 indispensable that the praetors should be allowed to 
 deviate from written statutes, either directly or indi- 
 rectly, and under the plea of adhering to ancient 
 usages. It follows that the novelties or changes which 
 they introduced, whether by means of new definitions, 
 exceptions, re-enactments, legal fictions, or otherwise, 
 are not necessarily to be imputed to evil intentions: 
 several writers have maintained this against the opi- 
 nion of Heineccius, and especially Ritter 3 . Still there 
 can be no doubt but that the praetors might easily abuse 
 their powers, though not always with impunity. One 
 especial ground of complaint against them seems to 
 have been alterations of their original edict in the 
 course of their year of office 4 ; as appears from a decree 
 of the senate, A. U. C. 585, enacting, uti prcetores ex 
 suis perpetuis edictis jus dicer ent 6 , J find, however, 
 that Bachius 6 , and others before him, have pronounced 
 this record to be spurious, though the same was en- 
 acted by the Lex Cornelia, a century afterwards 7 , 
 and an important check was subsequently put on ca- 
 pricious alterations and interpretations by introducing 
 in every edict the clause, quod quisque juris in alterum 
 statuit, ut ipse eodem jure utatur : an addition which 
 Bachius believes was first made in the Salvian edict 8 . 
 It is, at all events, certain, that the jus honorarium came 
 by degrees to be something definite and regular even 
 in the free ages of the Republic, and that lawyers be- 
 stowed their pains on its interpretation and regulation ; 
 two of the most remarkable for their labours in this 
 particular were Sulpicius and Ofilius, who lived in the 
 time of J. Caesar, and are both mentioned by Pompo- 
 nius 9 . 
 
 1) Cf. Hugo 178. 2) Pap. 1. 7. 1. de Just, et Jur. : " Ju- 
 
 ris civilis adjuvandi, vel supplendi vel corrigendi gratia propter uti- 
 litatem publicam." 3) See Hein. Syntagma 1. 1 . t. 2. 24 ; also his 
 
sect. 194.] ROMAN ANTIQUITIES. 217 
 
 Hist. Jur. with notes by Ritter 1. 1. c. 3. 67-70. Cf. Hugo 178 
 and 179, and Bach. Hist. Jurispr. Rom. lib. 2. c. 2. 11, sqq. 
 4) Cf. Cic. Verr. 1, 41 and 45-46, 3, 7 ; Dio Cass. 36, 23. 5) See 
 Hein. Hist. Jur. 1. 1. c. 3. J 72. 6) Bach. 1. 3. c. 2. 6. 7) See 
 Ascon. Ped. ad Cic. pro C. Corn. ; Dio Cass. 36, 23. 8) Bach. 
 1. 3. c. 2. 7. 9) Pomp. Fr. 2. 44. D. 1. 2: " Ante eum (Ofilium) 
 Servius duos libros ad Brutum perquam brevissimos ad edictum 
 subscriptos reliquit." Cf. Fr. 5. 1. D. 14. 3. 
 
 194. The right of alteration and addition was not, 
 however, absolutely taken from the praetors, although 
 the accumulated precedents of years having at length 
 rendered their edicts almost entirely tralatitia, obviated, 
 in a very great degree, the necessity of either 1 . By 
 order, however, of Adrian, Salvius Julianus drew up 
 a new form of praetorian edict 2 , collecting in a brief 
 summary, compendium 3 , the several heads of matter 
 required by the times, with a few alterations and 
 additions 4 , and, it would seem, blending the edict of 
 the praetor peregrinus into one with that of the city 
 praetor, with the aedile's edict added as an appen- 
 dix 5 . This new edict was called at the time perpetuum, 
 not as being intended for a permanent unalterable form, 
 as most writers have supposed, but in the sense in 
 which the word had originally been used, distinguishing 
 the general edict for the whole year from those called 
 forth by sudden emergencies 6 . 
 
 1) Cf. Plin. Ep. 5, 21; 2) Pomponius 1. c. Edictum Prsetoris 
 primus diligenter composuit. Cf. Eutrop. 8, 9 ; Vict, de Caes. 19 ; 
 Cod. 4, 5, 10 ; Constit. de Confirm. Digg. 18. 3) Cf. brevis 
 
 tractatus Const. Dedit. 18. 4) Cf. Digg. 37, 8, 3. 5) Cf. 
 
 Mackeldey Lehrb. d. heut. rcem. Rechts 40 ; Hugo 311. p. 518. 
 6) Cf. Hugo, 177 and 311, who strenuously opposes the generally- 
 received notion of a new edict, though there is little to favour his 
 interpretation of some testimonies and rejection of others ( 311) ; 
 and, least of all, will he allow that the praetors were so bound to it 
 as to be deprived of the power to make alterations in future (cf. 
 Mack. 40) ; and it seems doubtful whether this point can ever be 
 settled. For my part I am inclined to believe that whatever 
 changes might be made, could be made only by the emperor's dis- 
 cretion, since both on other grounds, and from what Hugo himself 
 has said ( 310), one would conclude that no alteration took place 
 for some time both before and after the new edict of Salvius Juli- 
 anus ; nor is it easy to find any weighty reason for refusing to be- 
 
218 ROMAN ANTIQUITIES. [chap. it. 
 
 lieve that the praetors were expressly deprived of power to alter 
 what it had become customary for them not to meddle with, or only 
 very seldom. Although there is no mention of it in what remains 
 to us of the Institutes of Caius, I have no doubt but a new form of 
 edict was drawn up ; and if any one hesitate on the subject, I refer 
 him especially to Mackeldey, 40. 
 
 195. What more is to be said concerning the laws, 
 civil rights, and trials, will be found in 260, 261 ; at 
 present something further must be added touching the 
 praetors. It was customary for the praetor, after ad- 
 dressing the people from the rostra in the forum, to 
 place his edict or formulary, which he drew up with the 
 aid of lawyers, written on a tablet, in albo, in such a 
 manner that it might be read from the ground, ubi de 
 piano recte legi posset 1 . This formula always com- 
 menced with the words bonum factum 2 . It is said 
 that the tribunal was reserved 3 for the praetor in 
 the administration of justice, a spear and sword being 
 set up in it: the inferior magistrates gave judgment on 
 benches, in subselliis. The tribunal 4 was of sufficient 
 size to accommodate ( 267) the praetor's council, con- 
 siliarii, judices, assessores, decemviri. Its shape and 
 parts, namely, the gradus, cancelli, cornua, suggestum, 
 and subsellia 5 , have been illustrated by Hommel 6 in a 
 dissertation expressly on the subject. Many matters 
 of trifling import the praetor decided at home, or any- 
 where he pleased, even giving audience to people who 
 met him in the street, whence the well-known expres- 
 sion, de piano cognoscerei. His judicial power was 
 defined by the three words, do, dico, addico 8 : con- 
 cerning his command, imperium, and jurisdiction, cf. 
 79. The insignia of the praetor were the tribunal, 
 just mentioned, a curule chair, the toga praetexta, and 
 six lictors when he went out of the city ; how many he 
 had within it is uncertain 9 . He is said to have been 
 appointed with the same auspices as the consuls (cf. 
 152). Besides lictors, he was attended by scribes, 
 
sect. 195.] ROMAN ANTIQUITIES. 219 
 
 messengers, acce?isi, and criers. We distinguished 
 above, the office of the praetor peregrinus from that of 
 the city praetor; it has been matter of doubt whether 
 the former was bound by the edict of the latter; but 
 Hugo has shown that he issued one of his own 10 . A 
 question has also been raised concerning edicts for the 
 provinces ; one may easily conceive that they were, to a 
 certain extent, framed on the model of the city edict 11 ; 
 but the assertion of some learned men that they were 
 included in it, rests on conjecture rather than proof 12 . 
 We certainly have the testimony of Theophilus to the 
 validity of the city edict in the provinces 13 , although 
 his opinion is rather doubtful : the many peculiarities 
 of provincial law will not allow the conclusion that 
 edicts for the provinces were exactly the same with that 
 issued for the city 14 . On this point it must be remem- 
 bered that the question will be different according as it 
 respects the free ages of the Republic, the time of the 
 Caesars, and the period when the citizenship had been 
 extended to all free-born subjects of the empire ( 66), 
 
 1) See Bigg. 2. 1. fr. 7. 2) Cf. Plaut. Poen. prol. 3) See 
 Hein. Synt. 4, 6, 7. 4) Cf. Cic. in Vat. 14. 5) We gather 
 
 from two passages of Horace that the puteal Libonis, also called simply 
 the puteal, was close by the tribunal, and served as a rendezvous for 
 usurers, (cf. Ov. R. A. 561, " qui puteal janumque timcnt celeres- 
 que calendas," and Cic. pro Sext. 8,) lawyers, and litigants of all 
 kinds ; Hor. Sat. 2, 6, 34, " Ante secundam, Roscius orabat, sibi 
 adesses ad puteal eras ;" Epist. 1, 19, 8, 2, " Forum, putealque Li- 
 bonis mandabo siccis." This puteal, and others at Rome, as that 
 of the augur Naevius, were so called from the low wall like the edge 
 of a well, superstitiously raised round them, as being spots on which 
 thunderbolts had fallen ( 94). This puteal was called P. Libonis 
 or P. Scribonianum, indifferently, from Scribonius Libo, whom Fes- 
 tus tells us (in v. Scribonianum) the senate commissioned to ex- 
 amine and expiate, procurare, a chapel which had been smitten by 
 lightning. Hence we have the figure of an altar on the coins of 
 Scribonius and Lepidus. The testimonies of the ancients concern- 
 ing this puteal Libonis are, however, very obscure, contradictory, 
 and apparently very corrupt. Porphyrion, on Hor. Epist. 1, 19, 8, 
 calls the puteal the pra3tor's seat, confounding it with the tribunal : 
 Aero, on the other passage of Horace, says it was the spot where 
 
220 ROMAN ANTIQUITIES. [chap. 11. 
 
 usurers met ; but that some asserted it to have been the usual place 
 for the praetor's tribunal. Wieland, on Hor. Epist. 1, 19, 8, says 
 Salmasius first rightly solved the difficulty, and with him agrees 
 Heindorf on Sat. 2, 6, 35. Hommel, although he says it stood out- 
 side the tribunal, asserts that the puteal was, so to speak, part of it, 
 and with good reason ; adding also, though without adducing his 
 authorities, that those whom the praetor put upon their oath, quos 
 prator jurare cogebat, laid their hand on the puteal, referring to it, or, 
 at all events, to the altar on it, what I believe was a well-known 
 ceremony in swearing ( 332). 6) Cf. Hein. 4, 6, 7. 7) See 
 Hein. ib. 8. 8) Cf. Ovid. Fast. 1, 47; see Hein. 1, 2, 22. 
 9) Cf. Plaut. Epid. 1, 1, 26. 10) Hugo 177. p. 273. 11) Cf. 
 Nieup. 2,4, 5. 12) Cf. Hugo 311. p. 513. 518. 13) In- 
 
 stitt. 1, 2, 7. 14) Cf. Cic. Verr. 1, 46, and Dirksen. Versuche 
 
 zur Krit. und Ausleg. d. Quellen d. Rcem. Rechts, p. 147. 
 
 196. We have said that the other praetors were at 
 first engaged in the provinces (see 244), and after- 
 wards conducted state trials at Rome (see 263). New 
 subjects of prosecution having arisen, Sylla increased 
 their number ; shortly afterwards, under the triumviri, 
 it amounted to more than sixty, but was reduced by 
 Augustus to twelve or ten 1 . It varied again after Au- 
 gustus, as the empire declined, being limited to a very 
 few. Claudius 2 appointed two, ca\\edjidei commissarii 
 ( 110), Nerva 3 added another called Jiscalis, and Mar- 
 cus Aur. Antoninus another styled tutelaris (112). 
 As regards jurisdiction, the praetorship existed only in 
 name under the Caesars ; the appeal from the decisions 
 of the praetors, which had formerly lain to the people, 
 being transferred, first to the emperor, then to the prae- 
 fect of the praetorian guard, the praefect of the city, 
 and governors of the provinces. We cannot doubt but 
 that the authority of the praetor in framing his edict was 
 likewise variously circumscribed: if not reduced to 
 nothing by the new formula of Salvius Julianus, it cer- 
 tainly met that fate shortly afterwards. We meet with 
 praetors at Constantinople also, where Constantine the 
 Great appointed two 5 , and Justinian added another 
 called P. urbanus 6 . The offices of the praetors, distinct 
 
sect. 197.] ROMAN ANTIQUITIES. 221 
 
 from their jurisdiction, were either taken from them or 
 altered by the Caesars, and have been treated of else- 
 where. Concerning their care of the treasury, cf. Tac. 
 Ann. 1, 75, 13 and 29 ; Hist. 4, 9. 
 
 1) Cf. Tac. Ann. I, 14, 2, 36. 2) Claud. 1. 2. 32. D. de 
 
 Orig. Jur. 3) lb. 4) Jul. Capit. M. Anton, c. 10. and 1. 6. 
 13. D. de Excus, Tut. 5) Cf. Lyd. 2, 30. 6) Lyd. 2, 29 
 
 and 30. 
 
 OF THE CENSORS. 
 
 197. In the times of the Republic the consuls at first 
 held the census, and afterwards, about A. U. C. 310, 
 two magistrates were appointed for the special purpose, 
 and called Censors, from their office, censere, numerare, 
 (Bstimare, of ascertaining the property individuals pos- 
 sessed, and so called tl^toX by the Greeks, their office 
 being termed, for the same reason, censura \ During 
 the free ages of the Republic they were appointed 
 every fifth year, at which interval, as was before said, 
 the census was repeated; the^interval was, however, 
 sometimes longer ; so long a tenure of office appearing , 
 inconsistent with freedom, their power, even then 
 considerable, was restricted to a year and six months 2 
 by the lex jEmilia, after the second censorship ; the 
 duties of the censors, for the remainder of the lus- 
 trum, falling, as I am inclined to think, on the 
 aediles ( 209), and subsequently on the praetor. At 
 first, and indeed for a considerable time, (as late as 
 A. U.C. 404.?) these magistrates were chosen from the 
 patrician body, afterwards one from the patrician and 
 the other from the plebeian ; sometimes even both from 
 the latter, but being generally of consular rank. The 
 most dignified part of their office lay in their superin- 
 tendence of the public morals and right of stigmatising, 
 
222 ROMAN ANTIQUITIES. [chap. ii. 
 
 notandi, persons of all ranks (hence nota, animadver- 
 sio, ignominia censoria) : it seems doubtful 3 when they 
 obtained this right ; but if we follow Zamoscius, who 
 rests his opinion on Liv. IV. 21, they had it from the 
 first 4 . The right possessed by the censors of selecting 
 fit persons for the equestrian order and senate, and ex- 
 pelling the unworthy, has been touched on in treating 
 of those two orders. 
 
 1) Liv. 4, 8. 2) See Liv. 4, 24. 3) Cf. Liv. 4, 8. 4) Liv. 
 4, 8 : " Idem hie annus censurae initium fuit, rei a parva origine ortae, 
 quae deinde tanto incremento aucta est, ut morum disciplinaeque 
 Romanae penes earn regimen, senatus equitumque centuriae, decoris 
 dedecorisque discrimen sub ditione ejus magistratus, publicorum jus 
 privatorumque locorum, vectigalia populi Romani sub nutu atque 
 arbitrio essent." Where we see what the censorian power was when 
 at its height, not what it probably was immediately on its creation 
 or shortly afterwards. Livy does not, however, mean to say it 
 reached this height immediately after its small beginning, but in 4, 
 24, he introduces Mamercus ^milius speaking of the censorship 
 as an office of great authority, magnum imperium, and complaining 
 that the citizens had to live for a great part of their lives under the 
 same persons : what, then, are we to conclude but that Livy either 
 hardly knew himself what he meant, or that the superintendence of 
 the public morals and right of stigmatising was instituted on the 
 latter occasion, i. e. ten years after the origin of the office ? 
 
 198. This moral superintendence of the censors ex- 
 tended, however, only to the manners and customs of 
 private life, not to what we properly call crimes. We 
 find mentioned such particulars 1 as these: expulsion 
 from the senate ; the depriving knights of their horses 
 ( 139); degradation from a higher tribe to a lower 2 , 
 as from a rustic to a city tribe ( 143); the reducing 
 citizens to the condition of cerarn, or refusing to pro- 
 mote them from that class, i. e. allowing no right of 
 citizenship but that of paying tribute 3 ; the fining per- 
 sons who refused to marry 4 ; and putting others on the 
 roll of caerites 5 . Those who were stigmatised might 
 appeal to the people 6 , and the censors might stigma- 
 tise each other, or one prevent the other from stigma- 
 tising a third party 7 . Among other duties of the 
 
sect. 199.] ROMAN ANTIQUITIES. 223 
 
 censors, were the farming out the branches of the 
 revenue (393); the repairs of public buildings, sarta 
 tecia exigere 8 ; and the care of the geese in the capi- 
 tol 9 . Concerning the censor's edict, cf. Nep. Cat. 2. 
 
 1) Cf. Val. Max. 2, 9. 2) Cf. Liv. 4, 24, 24, 43. 3) Cf. 
 
 Liv. ib. and Ascon. in Cic. Divin. 4) Cf. the ayaplov and dipi- 
 yafilov diicT) among- the Greeks. Cf. Val. Max. 2, 9, 1 ; Fest. in 
 uxorium, with Dacier's note. 5) Cf. Hor. Ep. 1, 6, 62 ; Gell. 16, 
 13. 6) Cf. Liv. 4, 24. 7) Cf. Cic. pro Cluent. 43, sqq. 
 
 8) Cic. Verr. 1, 40 and 50, sqq. 3, 7. 9) Cic. pro Rose. Am. 20 ; 
 Plin. 10,22. 
 
 199. Under the emperors, the duties of the censor- 
 ship were performed, some by other magistrates, and 
 some by the emperors themselves 1 , who, assuming to 
 themselves the perpetual superintendence of the public 
 morals, conferred by the senate on Augustus 2 , every 
 now and then held, either alone or with a colleague 3 , a lus- 
 trum and census, which even during the free ages of the 
 Republic had not been always held at the stated period 4 . 
 It was entirely neglected 5 from the time of Vespasian's 
 accession (?). Hence some writers reckon the censorship 
 among the extraordinary offices of magistracy. The 
 censors are said to have had the same insignia as con- 
 suls, excepting the lictors ; but I am not sure whether 
 this be correct : one peculiarity connected with the 
 office was, that no one could hold it twice 6 , a regu- 
 lation which dated from A. U. C. 488 : another was 
 that, on the death of a censor, his colleague abdicated 7; 
 and another, that they entered on their office as soon as 
 they were elected. The curule aediles will be noticed 
 below ( 209) with the plebeian aediles. 
 
 1) Cf. Dio Cass. 53, 17. 2) See Suet. Aug. 27. 3) Sec 
 
 Suet. Aug. 27 ; Tib. 21 ; Tac. Hist. 1, 9 ; Veil. 2, 95, mentions the 
 censorship of Plancus and Paullus, under Augustus. 4) Cf. Cic 
 in Pis. 5. 5) Cf. Treb. Poll. Valer. 6) Cf. Val. Max. 4, ], 
 
 3 ; Liv. 24, 43. 7) Cf. Liv. ib. and 5, 31, 9, 34. 
 
224 ROMAN ANTIQUITIES. [chap. ii. 
 
 CONCERNING THE SUPERIOR AND EXTRAORDI- 
 NARY MAGISTRATES. 
 
 Of the Interrex and the Dictator, 
 
 200. On the death of a king, one senator, or, if the 
 authority of Livy 1 be preferred to that of Dionysius 2 , 
 a decury, ten senators, one of whom had the in- 
 signia of government and the lictors, managed the 
 public affairs for five days 3 , on the expiration of which 
 another decury (or another senator) succeeded to the 
 office for the same time ; and this rotation went on until 
 the interregnum ended 4 . This custom was retained under 
 the Republic, recourse being had to it when the auspices 
 were to be renewed ( 158), or if by any chance there 
 were no chief magistrates, or none able to attend the 
 comitia; on which occasions sometimes a dictator, 
 sometimes an interrex, was created, being always a 
 patrician, and chosen by the patricians 5 . 
 
 1) Liv. 1,17. 2) Dionys. 2, 57. 3) Cf. Ovid. Fast. 3, 127 ; 
 Grimm, ad Dionys. I.e. ; Wachsmuth M\t. Gesch. p. 141 . 4) Cf. 
 Wachsm. ib. 5) Cf. Liv. 6, 41. 
 
 201. The first creation of a dictator, which took 
 place a few years after the expulsion of the kings l , is 
 stated to have been caused by the encroachment on the 
 consular power made by the Lex Valeria ( 71), and the 
 imminent danger of the Republic, owing to a league of 
 the nations of Latium, who were stirred up by Oc- 
 tavius Mamilius 2 . The ancients are not agreed either 
 concerning the year in which this first dictator was 
 made, or concerning his name 3 . It is certain that the 
 Latins had a magistrate with the same title 4 . This title 
 has been variously interpreted : some say the dictator 
 was so called merely from his appointment, quasi dic- 
 tum sive creatum 5 ; others, from his governing by means 
 
sect. 202.] ROMAN ANTIQUITIES. 225 
 
 of edicts or orders 6 . He was also called magister 
 populi 7 . Livy attests 8 that C. Marcius Mamercus 
 was the first who was chosen dictator from the plebs 
 (A. U. C. 399). Great public peril, (as, when a tyran- 
 nical usurpation was feared, or civil discord ran high, 
 or foreign enemies pressed hard upon the state), as in 
 the first instance, so afterwards, occasioned the appoint- 
 ment of dictators 9 . But we find that recourse was had 
 to them for other reasons, as for holding 10 comitia 
 ( 158), for prosecuting public legal inquiries 11 , for 
 celebrating festivals 12 , and, once, for selecting senators 13 . 
 The office has been celebrated for the superstitious 
 observance of driving a nail into the wall of the temple 
 of Jupiter, clavum jigere, which some trace to the 
 custom of keeping account of years by nails driven 
 into a wall 14 ; when it was first done with the idea of 
 averting public calamities is uncertain, nor has it been 
 proved that this could be done only by a dictator 15 . 
 
 I) Cf. Dionys. 5, 70; Liv. 2, 18 and 32. 2) Iidem ib. 
 
 3) Cf. Liv. ib.; Dionys. 5, 72. Cic. de Rep. 2, 32, says that the 
 first appointment of a dictator took place after the first ten consul- 
 ships, and that the name of the first dictator was T. Larcius. 
 
 4) See Liv. 1, 13; Cic. pro Mil. 10. 5) Cf. Varr. de L. L. 1.4. 
 p. 22. Cic. de Rep. 1, 40 : " Dictator quidem ab eo adpellatur, 
 quia dicitur, sed in nostris libris vides eum, Laeli, magistrum populi 
 adpellari." 6) Cf. Dionys. 5, 73 ; Suet. Cees. 77. 7) See 
 Fest. in optima lex. Cf. Cic. de Fin. 3, 22 ; de Legg. 3, 3 ; de 
 Rep. 1, 40. 8) Livy, 7, 17. 9) Cf. Cic. de Legg. 3, 3. 
 10) Liv. 8, 23. 11) Liv. 9,26. 12) Liv. 8, 40. 13) Liv. 
 23, 22. 14) Liv. 7, 3. 15) See Liv. ib. and 8, 18. 
 
 202. The power of the dictator, from whose authority 
 nothing was exempt 1 , differed from a tyranny chiefly in 
 the circumstance that it was conferred by the senate, 
 and, at least at first, not without the consent of the 
 people 2 , being also limited in duration to the space of 
 six months. The dictator's edicts were obeyed as if 
 they were divine 3 : on his appointment, all the magis- 
 trates vacated office 4 except the tribunes of the people, 
 
 Q 
 
226 ROMAN ANTIQUITIES. [chap. ii. 
 
 and they, no doubt, were by law equally subject with 
 all others to the dictator's power, inasmuch as this was 
 instituted for the regulation of public matters 5 . At 
 first, no appeal was allowed from the dictator's sen- 
 tence, despite, I believe, the Lex Valeria, which, I have 
 said, was one cause of the first creation of the office. 
 Some have, however, been induced to think that an ap- 
 peal was afterwards allowed, chiefly from a passage in 
 Festus 6 , to which another has been added from Livy 7 , 
 although little to the purpose, for settling the question 8 . 
 Among other restrictions by which the power of the 
 dictator was afterwards limited or checked, was the 
 prohibition against waging war out of Italy ; against 
 using the public treasure without sanction from the 
 senate ; and, which seems a strange regulation, against 
 appearing on horseback without leave first obtained 
 from the people 9 : lastly, it is inferred from Livy VII. 4, 
 but, I apprehend, wrongly, that after abdicating his 
 office, the dictator might be called on to give an account 
 of it to the people. 
 
 1) Cf. Polyb. 3, 87. 2) Cf. Dionys. 5, 70. 3) Li v. 6, 39. 
 8, 33 and 34. 4) Polyb. 3, 78. 5) Cf. Li v. 7, 3 ; Plut. Cam. 
 39 ; Creuz. 1 62. 6) Fest. in optima lex. 7) Liv. 8, 33. 8) See 
 the queries in Creuzer, 162. 9) See Liv. 23, 14. 
 
 203. The following particulars are also to be re- 
 marked concerning the dictator: his appointment 
 took place by night, and in silence 1 , not by the votes of 
 the people, but by the senate 2 , the auspices having first 
 been taken by one of the consuls 3 . The appointment 
 might take place without the city walls, but not beyond 
 the ager Romanus 4 . Most of them laid down their 
 office after only a few days' tenure, the business for 
 which they had been appointed being completed : Ca- 
 millus alone held it for a whole year 5 . Their insignia 
 were the same as those of a consul, only the number of 
 lictors was doubled. When the Republic was in the 
 
sect. 204.] ROMAN ANTIQUITIES. 227 
 
 last stage of its existence, the dictatorship was revived, 
 after a long interval of disuse 6 , though rather in name 
 than in its primitive form, by Corn. Sylla and Julius 
 Caesar, who were declared perpetual dictators. 
 
 1) Dionys. 10, 23 ; Liv. 8, 23. Cf. id. 9, 38 ; and Fest. in sini- 
 strum. See Creuz. 161. p. 173. 2) Liv. 9, 38. Cf. 22, 8. 
 
 3) Liv. 2, 30. 3,26. 4) Cf. Liv. 27, 5. 5) Liv. 6, 1. 6) Cf. 
 
 Veil. 2, 28. 
 
 OF THE MAGISTER EQUITUM AND THE 
 PR^IFECTUS URBI. 
 
 204. The magister equitum, master of the horse, 
 was named by the dictator 1 , though sometimes ap- 
 pointed by the senate or people 2 . It was his duty to. 
 command the horse and execute the dictator's orders. 
 Hence his office resembled that of the tribunus celerum 
 ( 135) and the praefectus praetorio ( 225) of a later 
 period ; inasmuch as the former, commanding the royal 
 guard, is said to have ranked next to the king himself 3 ; 
 and the latter, who commanded the imperial guard, 
 next to the emperor 4 . The insignia of the magister 
 equitum are said to have been the same with those of 
 the praetor. The praefectus urbi (urbis), originally 
 took the place of the king in his absence, and after- 
 wards of the consuls in the celebration of the Feriae 
 Latinae, whence he was called prarf. feriarum Latina- 
 rum 5 ; and on other occasions, in after times, however, 
 he was appointed solely for that festival ; and such 
 continued the custom even under the Caesars 6 . When 
 Caesar, in his dictatorship, happened to be absent, the 
 city was intrusted to the keeping of six praefects with 
 the magister equitum, and Augustus did the same 
 throughout the civil wars 7 . Concerning the praefectus 
 urbi, first appointed by Augustus, see 223. 
 
 1. See Liv. 7,28. 2) Cf. Liv. 7, 12 and 24. 3) Cf. 
 
 Lyd. 1, 14. 4) Cf. Bigg. lib. 1. 1. 11 ; Lyd. 1. c. 5) Cf. 
 
 Q2 
 
228 ROMAN ANTIQUITIES. [chap ii. 
 
 Dio Cass. 41, 14 ; Veil. 3, 18. 6) See Tac. Ann. 6, II ; Gell. 
 
 14, 8. 7) Tac, 6, 1 1 ; Veil. 2, 88. See Creuz. 165. 
 
 OF THE DECEMVIRI LEGIBUS SCRIBENDIS, 
 
 AND THE CONSULAR POWER OF 
 
 THE TRIBUNI MILITUM. 
 
 205. Towards the close of the third century of the 
 city, the patricians and plebeians having been almost 
 incessantly at variance since the expulsion of the kings, 
 both parties came to the conviction that the state could 
 no longer subsist without laws, which having re- 
 ceived the sanction of the whole nation, should ac- 
 curately define both public and private rights 1 . Ac- 
 cordingly, after the Lex Terentilla had been passed 
 (A. U. C. 293) by the tribune Terentius Arsa, ambas- 
 sadors were sent by a decree of the senate to collect 
 laws in Greece (A. U. C. 300), and on their return ten 
 commissioners, decemviri, appointed for the purpose of 
 framing a code of law, composed, what was called from 
 its framers, the Lex Decemviralis, and from the 
 arrangement of its contents, the Twelve Tables, 
 XII Tabulce 2 . The whole government of the state 
 was at the same time committed for one year to these 
 commissioners, all other magistrates being compelled 
 to resign office for the purpose. At the expiration of 
 the year ten tables had been arranged, and as these 
 appeared deficient in some respects, it was resolved 
 that things should continue in the same state for another 
 year, and nine new commissioners with one of the for- 
 mer board, Appius Clodius, were appointed. On the 
 expiration of their term of office they had added two 
 tables more 3 , and, having gradually altered their mild 
 sway to little less than a tyranny, they refused to ab- 
 dicate, and in the third year met with a fatal end, 
 some by execution, others by exile 4 ; the immediate 
 occasion of which was the wicked proceeding of Appius 
 against Virginia 5 . 
 
sect. 205.] ROMAN ANTIQUITIES. 229 
 
 From about A. U. C. 310, for nearly eighty years, 
 whilst contention raged between the two orders on the 
 question of admitting plebeians to the consulship, mili- 
 tary tribunes, tribuni militum, with consular power, 
 were appointed instead of consuls, though these 
 were created at several intervals in that time, that is, 
 whenever the senate happened to preponderate 6 ; at 
 last, A. U. C. 387, when there had now been no con- 
 suls for several years, the plebs gained their point so 
 far, that one of the consuls should be chosen from their 
 body. Although the tribuni militum supplanted the 
 consuls against the will of the patricians, they were 
 generally of that order. Their number 7 varied from 
 three to eight 8 . 
 
 1) Hugo rejects this, the comraonty-received opinion, consider- 
 ing that the main cause is to be found in the dissensions of the 
 tribunes and consuls. Mackeldey ($21), less studious of novelty, 
 defends, and excellently explains the cause commonly assigned. 
 2) See Liv. 3, 9 and 32, sqq. ; Dionys. lib. 10 and 1 1 ; Cic.de Rep. 
 2, 36. ; cf. Lyd. 1, 34. 3) Cf. Cic. de Rep. 2, 37. 4) See 
 
 Liv. 3, 58, and 4, 15, where he makes the dictator say they had 
 been punished by loss of property, exile, and capitally, bonis, exilio, 
 capite mulctatos. 5) A statue erected by public award, in the 
 comitium to Hermodorus, an Ephesian, confirmed the belief of the 
 ancients that the decemviri had been aided by him in composing the 
 XII Tables. See, concerning him, Niebuhr, Rom. Hist. v. 2. 
 p. 110, and Menag. ad Diog. Laert. 1. 9. c. 2, there quoted by 
 Niebuhr, and approved. Pliny, speaking of this statue (34, 5), 
 calls Hermodorus legum quas decemviri scribebant interpretem. 
 Pomponius likewise writes of him (de Orig. Jur. lib. 2. 4.) : " Qua- 
 rum (legum XII Tab.) ferendarum auctorem fuisse deceinviris 
 Hermodorum quendam Ephesiura, exulantem in Italia, quidam retu- 
 lerunt." With which passage of Pomponius, Dirksen (Versuche 
 zur Kritik, p. 211.), finds fault on two grounds ; first, because that 
 author uses the expression, quidam retulerunt, concerning a matter 
 of fact proved by the existence of the statue ; and, secondly, be- 
 cause he makes him to have been auctor legum ferendarum, in- 
 stead of interpres. And the words of Pomponius are, as is 
 repeatedly the case in his work, De Origine Juris, those of a writer 
 who seems scarcely to understand himself. However, I do not 
 exactly understand, even from the passage of Pliny, what kind of 
 assistance Hermodorus rendered to the decemviri. 6) See Liv. 
 
 4, 6. 7, sqq.; Dionys. 11, 60. 62, sqq.; Pompon, de Orig Jur. 
 Digg. lib. 1. t. 2. 25 ; Lyd. de Magg. 1, 35 and 45. 7) Con- 
 
 cerning their number, see the conjectures of Creuzer, 170. 
 8) Sec Liv. 5, I, where the reading, octo, is uncertain. 
 
230 ROMAN ANTIQUITIES. [chap. it. 
 
 CONCERNING THE INFERIOR AND ORDINARY 
 MAGISTRATES. 
 
 Of the Tribuni Plebis. 
 
 206. After the expulsion of the Tarquins the condi- 
 tion of the plebs grew worse than it had been ; since 
 the regal power. ( 186) being transferred to the con- 
 suls, the plebeians had scarcely any means of protection 
 against the caprice of the dominant party, except the 
 lex de provocatione ( 71). Whilst they were excluded 
 from the senate and all other posts of honour, poverty, 
 and the debts it entailed, placed them daily more 
 and more in the power of the patricians : these, 
 abusing the severity of the laws against debtors ( 72), 
 drove the plebs to such a pitch of desperation that, 
 (about A. U. C. 260), on the suggestion of one Sicinius, 
 they withdrew 1 to the Mons Sacer, near the Anio 2 ; 
 leaving the city to the patricians, and, as some conjec- 
 ture, their clients 3 . The patricians sending deputies 
 from the city, effected a reconciliation by conceding to 
 the plebs, among other things, an abolition of the debts 
 of all who were unable to pay them, and the creation 4 
 of magistrates from the plebs itself for the maintenance 
 of its rights, whose persons should be held sacred and 
 inviolable ( 71). Two (?) were forthwith appointed on 
 the mount itself, and called tribunes, either because, as 
 some have conjectured, they were selected from the mi- 
 litary tribunes, or, as I rather think, because they were 
 set over the plebs as its chiefs 5 . Their number was 
 soon increased to five 6 , and ultimately (A. U. C. 297) 
 to ten 7 . At first they were chosen from the whole ple- 
 beian body indifferently, but in the seventh century of 
 the city only plebeian senators were eligible, a regula- 
 tion which must necessarily have been made after the 
 Lex Atinia, ascribed to A. U. C. 624 8 , since that law, 
 as we learn from Gellius 9 , declared the tribunes should 
 be senators ex officio. The patricians were always ex- 
 
sect. 207.] ROMAN ANTIQUITIES. 231 
 
 eluded from the tribuneship ( 181). The passage in 
 Livy 10 which implies the contrary is certainly of doubt- 
 ful authority. Livy attests that persons whose fathers 
 had held curule offices and were still alive were also ex- 
 cluded 11 . 
 
 1) See Liv. 2, 23, sqq. and 2, 32 ; Dionys. lib. 6. 2) Several se- 
 cessions^ they are called) of the plebs are recorded, and, among 
 them, one to the Aventine Mount, on which Piso tells us the one 
 now under consideration took place. Others say that both this and 
 the secession during the tyranny of the decemviri (A. U. C. 305) 
 were to the Mons Sacer. Of the secession in the time of the de- 
 cemviri, Cicero says, de Rep. 2, 37 : " Et primum Montem Sacrum, 
 sicut erat in simili causa antea factum, deinde Aventinum armatos 
 insedisse ;" and ibid. 2, 33, speaking of the other; "cum esset ex 
 stre alieno commota civitas, plebs montem Sacrum prius, deinde 
 Aventinum occupavit." 3) Cf. Nieb. v. 1 . Schulze, p. 31. 4) Liv. 
 3, 55 ; Dionys. 6, 89. 5) Poraponius (de Orig. Jur. 20) thinks 
 differently. The word tribune, to which the Greek word ShuapxoQ 
 corresponds, was applied like prafectus and magister, in various 
 ways. Its most ancient application appears to have been to the 
 leaders of the tribes and of the celeres. We also read of military 
 tribunes, tribunes of the cohorts, and tribunes of the treasury. 
 6) Liv. 2, 58. 7) Liv. 3,30. 8) See Bach. Hist. Jurispr. R. 
 1. 2. c. 2. 52. 9) Gellius, 14, 8 ; cf. Suet. Aug. 10. 10) Liv. 
 3, 65 ; cf. Suet. 1. c. 11) Liv. 30, 19. 
 
 207. The whole power of the tribunes lay, at first, in 
 preventing the enactment of decrees of the senate 
 against the plebs, which they did by simply pronounc- 
 ing the word veto *, or inter cedo. From the latter came 
 the expression intercessio tribunitia, denoting such a 
 proceeding. It was not long, however, before they 
 usurped the power of proposing laws, at least to the 
 plebs ( 168), and eventually assumed the command of 
 the senate 2 . At first they sat at the doors of the curia 
 whilst the senate were deliberating within 3 , but they were 
 afterwards declared senators ex officio, though there are 
 some difficulties connected with this point (cf. 175). 
 They also administered justice, but it is not exactly 
 known in what cases. In fine, the power of these tri- 
 bunes, having no fixed limits, came at times very near to 
 a tyranny, nor was there any other more effectual check 
 upon it than dissensions between them which the senate 
 used craftily to foment (cf. 162). Sylla, in his die- 
 
232 ROMAN ANTIQUITIES. [chap. 11. 
 
 tatorship, restricted the office to the simple intercessio, 
 as at first practised : Pompey restored the powers of 
 which it was thus shorn, and it continued to exercise 
 them till the very downfal of the Republic, when 
 Augustus found in the tribunitian power 4 a spe- 
 cious pretence of just dominion. The office continued 
 to exist in name till the decline of the Empire 5 : what 
 the number of the tribunes was in those times is not 
 known. 
 
 1) See Liv. 6, 35 ; Suet. Tib. 2. 2) Cf. Liv. 4, 26. 5, 9. 6, 32. 25, 
 3 and 4. 3) Cf. Val. M. 2, 2, 7. 4) Cf. Tac. Ann. 1,2; Suet. 
 Aug, 27. 5) Cf. Tac. Ann. 1, 77 ; cf. Nieup. sect. 2, c. 6. 4. 
 
 208. Besides the first origin of the tribunes, and 
 what has been stated respecting their power, now and 
 in other parts of this work, I shall make the following 
 remarks : The tribunes entered on their office in the 
 month of December, in which month the first were 
 made ; concerning the day of taking office, see 171. 
 They had no insignia of magistracy, except the atten- 
 dance of a messenger, viator, when they appeared 
 abroad; they administered justice on the subsellia, not 
 in the tribunal ( 195), but they took the precedence 
 of the other magistrates on the subsellia, having the 
 foremost seats. Their person was so sacred that it 
 was treason to assail it even in speech ( 71), and their 
 power is said to have been exempt from that of a dic- 
 tator (cf. 202) : it extended however, only to a cir- 
 cuit of a mile around the city. The tribunes might 
 not pass the night outside the city, nor be absent from it 
 for more than one day at a time, except during theFeriae 
 Latinae 1 . The doors of their residence stood open 
 even by night 2 . As regards most of these regulations 
 it is difficult to find sufficient proof either as to the 
 time when they first were made or how far they were 
 observed . 
 
 1) Cf. Dionys. 8, 87. 2) See Gel. 3, 2. 13, 12 ; Maerob. Sat. 1,3. 
 
sect. 210.] ROMAN ANTIQUITIES. 233 
 
 OF THE PLEBEIAN AND OF THE CURULE 
 jEDILES. 
 
 209. The iEdiles (whence cedilitas and cedilitius) 
 were so called 1 , according to most of the ancients, from 
 the circumstance that their office consisted partly in the 
 care of public buildings, either in general 2 , or only of 
 the temples 3 . There were two plebeian and two cu- 
 rule aediles. The former were appointed at the same 
 time with the tribunes, to assist them 4 . They were 
 always plebeians, and had no insignia of office, but were 
 equally sacred in their persons with the tribunes 5 . The 
 curule aediles, so called from their curule chair, (besides 
 which they wore the prcetexta and had the jus imagi- 
 num, 132 6 ) were added (A. U. C.387), on the occa- 
 sion of some solemn games, in commemoration of the 
 admission of plebeians to the consulship. The plebeian 
 aediles having refused to preside at these games, two 
 patrician youths volunteered to officiate at them, on 
 condition that for the future there should be two addi- 
 tional aediles chosen from the patrician order 7 . The 
 very next year, however, it was agreed that they should 
 be appointed alternately from the plebs and the patri- 
 cians, afterwards they were chosen indifferently from 
 either 8 . 
 
 1) Pomponius, Fr. 2. 21. de Orig. Jur. : " Ut essent, qui aedibus 
 praeessent, in quibus omnia scita plebs deferebat, duos ex plebe con- 
 stituerunt, qui etiam aediles adpellati sunt." Which does not agree 
 with the opinion of other authors concerning their charge of the 
 public buildings, from which they had their name of office. I 
 think it can scarcely be doubted but that the passage is corrupt, 
 and I wonder that Dirksen, when examining the credit due to Pom- 
 ponius as a historian (Versuche zur Kritik d. rcem. Rechts, p. 
 207, sqq.), took no notice of it. 2) Cf. Fest. in edilis. 3) Cf. 
 
 Dionys. 6, 90. 4) Cf. Dionys. 6, 90. 5) See Liv. 3, 55. 
 
 6) Cf .Cic. Verr. 5, 14. 7) See Liv. 6, 42. 8) See Liv. 7, 1. 
 
 210. The duties of the aediles, from these small be- 
 ginnings, came to resemble those which in modern times 
 
234 ROMAN ANTIQUITIES. [chap. ii. 
 
 belong to police magistrates or inspectors 1 . Among 
 them was the care of the temples, roads, and public 
 works in general, and an important part of their office 
 was the celebration of the public games, the regulation 
 of the supplies of corn 2 , and the superintendence of the 
 markets, whence Greek writers call them ayopavo/Aot 3 . 
 They were also largely concerned in the superintend- 
 ence of the public morals 4 ; in which respect it is dif- 
 ficult to distinguish their duties from those of the cen- 
 sors ( 197). One thing is certain, that the duties of 
 the two classes of aediles were not all the same ; and it 
 is easy to conceive, that, as has been asserted, cer- 
 tain censorial powers, which were once given to 
 the plebeian aediles, were afterwards taken from them ; 
 and yet it seems very credible that since the power of 
 the censors themselves was suspended for the greater 
 part of the lustrum, some of their duties devolved upon 
 the aediles. It is certain that the most important games 
 were managed by the curule aediles 5 ; whose office 
 about the close of the Republic was very expensive 6 . 
 The aedileship appears to have existed under the Cae- 
 sars, in name, down to the reign of Constantine the 
 Great. Concerning the aedilitian edict, see 192. Julius 
 Caesar appointed a new kind of aediles, called cereales 7 , 
 their duty being to superintend distributions of corn 8 . 
 It is asserted that these were always patricians, but, I 
 apprehend, on insufficient grounds 9 ; there certainly is 
 no evident reason why they should have been such. 
 
 1) See Dionys. 6, 90 ; Cic Verr. 5, 14 ; de Legg. 3, 3. 2) See 
 Cic. ib. 3) See Dionys. 1. c. ; Lyd. 1, 35 ; Cf. Juven. 10, 101 ; 
 Pers. 1, 130 ; Plaut. Rud. 2, 3, 42. 4) Cf. Gell. 10, 6; Sen de 
 Vita Beata 7. 5) Cf. Cic. de Legg. 3, 3. Idem Verr. 5, 14 : 
 " Nunc sum designatus sedilis. Habeo rationem, quid a populo 
 Romano acceperim : mihi ludos sanctissimos maxima cum caere- 
 monia Cereri, Libero Liberaeque faciundos, mihi Floram matrem 
 populo plebique Romanae ludorum celebritate placandam, mihi 
 ludos antiquissimost qui primi Romani sunt nominati, maxima cum 
 dignitate ac religione Jovi, Junoni, Minerva?, esse faciundos, mihi 
 sacrarum sedium procurationem, mihi totam urbem tuendam esse 
 
sect. 211.] ROMAN ANTIQUITIES. 235 
 
 commissam. Ob earum rerum laborem et sollicitudinem fructus 
 illos datos, antiquiorem in senatu sentential dicendae locum, togam 
 praetextam, sellam curulem, jus imaginis ad raemoriam posteritatem- 
 que prodendae. 6) Cf. Cic. pro Mur. 19, 20 ; Plin. 33, 3 ; Beauf. 
 vol. I. p. 355. 7) Cf. Lyd. 1, 48. 8) See Pomp, Digg. 1. 2, 2, 
 32. 9) Cf. Nieup. sect. 2. c. 5. 2. 
 
 OF THE QU^STORS. 
 
 211. Most ancient authors ascribe the origin of the 
 quaestorship to the aera of the kings, and common re- 
 port assigned it to Tullius Hostilius 1 ; Plutarch 2 , on the 
 contrary, refers its institution to Valerius Publicola, 
 and Pomponius 3 makes it to have been subsequent to 
 the appointment of the plebeian tribunes. The first 
 mention of them in Livy 4 occurs under the year of 
 Rome 269, so that we cannot gather from him the pe- 
 riod of their first appointment. If we follow Tacitus 
 and others in ascribing the power of appointing them 
 to have belonged first to the kings, and then to the 
 consuls, it will still remain uncertain when this power 
 fell into the hands of the people, opinions being much 
 divided on that point 5 . As to their number, however, it 
 is agreed that originally there were two, and that two 
 more were afterwards added 6 . It is also agreed on all 
 hands, that from the time their number was thus aug- 
 mented, two discharged their duties in Rome, and two 
 attended the consuls on military service, whence the 
 latter are called military or provincial ( 240), and the 
 former city quaestors. After the conquest of Italy four 
 more were appointed 7 , one, as some authors think 8 , to 
 each of the parts or provinces ( 243) into which it was 
 divided. Sylla 9 increased the number to twenty, or 
 perhaps by twenty. Caesar 10 made it forty, for the 
 purpose of recruiting the numbers of the senate ( 173); 
 it was various at different times under the Caesars. 
 This office appears to have belonged exclusively and 
 undisputedly to the patricians apparently till A. U. C. 
 
236 ROMAN ANTIQUITIES. [chap. ii. 
 
 334 ; but a few years afterwards plebeian quaestors were 
 elected 11 . This office was the first step towards the 
 consulship 12 , and led the way to a place in the senate 
 ( 174); it had, however, no insignia, unless, perhaps, 
 as some have conjectured, the military quaestors were 
 attended by lictors 13 . Gellius affirms that the quaes- 
 tors had not the right of arrest 14 . Concerning their 
 right of proposing measures to the people, see the same 
 author and Dionysius 15 . 
 
 1) See Ulp. in Pandd. de Off. Quaest ; cf/Dionys. 1, 5. p. 303 ; 
 Tac. Ann. 11, 22 : " Apud majores virtutis id (quaestura) praemium 
 fuerat, cunctisque civium, si bonis artibus fiderent, licitum petere 
 magistratus. Acneaetas quidem distinguebatur, quin prima juventa 
 consulatum ac dictaturas inirint. Sed quaestores regibus etiam 
 turn imperantibus instituti sunt : quod lex curiata ostendit, a L. 
 Bruto repetita. Mansitque consulibus potestas deligendi, donee 
 eum quoque honorem populus mandaret. Creatique primum (sc. a 
 populo) Valerius Potitus et ^Emilius Mamercus, LXIIL anno post 
 Tarquinios exactos, ut rem militarem comitarentur. Dein, gliscen- 
 tibus negotiis, duo additi, qui Roraae curarent (?). Mox duplieatus 
 numerus, stipendiaria jam Italia, et accedentibus provinciarum 
 vectigalibus. Post, lege Syllae, viginti creati supplendo senatui, 
 cui judicia tradiderat, etc." 2) Plutarch, in Public, p. 183. 
 
 3) Pomp. 1. 2. $ 22 ; Digg. de Orig. Jur. 4) Liv. 2, 41. 5) Cf. 
 Ulpianus, and tac. 1. c. 6) About A. U. C 335. ? See Liv. 4, 
 43 ; Tac. 1. c. 7) Cf. Tac. 1. c. and Liv. Ep. lib. 15. 8) See 
 
 Nieup. 2, 7, 1. 9) Tac. 1. c ; cf. Lyd. 1, 27. 10) See Dio 
 
 Cass. 43, 47. 11) See Liv. 4, 43 and 54. 12) Cf. Cic. Phil. 
 11,5. 13) Cf. Cic. pro Plane. 41. 14) Gell. 13, 12. 
 
 15) Dionys. 8, 77. 
 
 212. As regards the duties of the quaestorship, in 
 the time of the Kings and the first times of the Republic, 
 though it should be granted that they were rather as- 
 sistants to the kings and consuls than magistrates of the 
 people 1 , it will not be easy to ascertain whether they 
 were, at that early period, charged with collecting the 
 public monies, and keepers of the treasury, or merely 
 engaged in bringing malefactors to punishment 2 ; I 
 think that they most probably combined the two, and 
 Varro's interpretation of their name comprises both 3 . 
 The passage in Varro so weighs with me that I con- 
 
sect. 213.] ROMAN ANTIQUITIES. 237 
 
 elude they had their name rather from their duties as 
 puhlic prosecutors than as collectors of the revenue 4 ; 
 for even in later times, when their duty had been so al- 
 tered as to consist chiefly in the custody and manage- 
 ment of the revenues, their name was still applied to 
 prosecutors 5 . 
 
 1) Cf. Creuz. 156. 2) Cf. Liv. 2, 41. 3, 24 and 25 ; Cic. de 
 Rep. 2, 35 ; Dionys. 1, 8. p. 544 and 546. Creuzer ( 156) makes 
 them to have been judges in capital offences, like the quaestores 
 parricidii ; a duty which Varro (see the next note) affirms to have 
 been discharged by the quaestors, after the triumviri capitales ; how- 
 ever these triumviri are not to be confounded with the quaestores 
 parricidii. 3) Varro de L. L. 1. 4. p. 22 : " Quaestores, aquaeren- 
 do, qui conquirerent' publicas pecuuias, et maleficia, quae triumviri 
 capitales nunc conquirunt ; ab heis postea, qui quaestionum judicia 
 exercent, quaesto resdicti." 4) Cf. Fest. in <pia>$tores ; Pomp, 
 
 de Orig. Jur. Digg. 1. 1. t. 2. 22. 5) Cf. Fest. in qucestor, 
 quasitor, quastiones perpetuus, qucestores parricidii. (See $ 133). 
 Cf. Varro 1. c. 
 
 213. It became, accordingly, thenceforth, the office 
 of the city quaestors 1 to exact and collect the public re- 
 venue, to deposit it in the treasury, to make the neces- 
 sary issues of public money, under the sanction of the 
 senate, and keep an account of the receipt and expen- 
 diture. It was consequently their business to sell the 
 booty made in war 2 , and confiscated property 3 . Among 
 their other duties was a species of jurisdiction but little 
 known 4 , consisting in the entertainment and public 
 maintenance of foreign ambassadors 5 , the custody of 
 decrees of the senate ( 182) and military standards 
 ( 367) deposited in the treasury, cerarium, which last 
 they used to send to generals who were proceeding on 
 expeditions 6 . It was also the custom for generals, when 
 about to celebrate a triumph, to make oath before the 
 quaestors that they had truly reported the number of 
 the enemy slain 7 . I doubt whether the duty of hold- 
 ing the centumviral auctions which Augustus transferred 
 to a board of ten, decemviri 8 , and which is said to 
 have been the business of a quaestor, was peculiar to 
 
238 ROMAN ANTIQUITIES. [chap. ii. 
 
 the city quaestors. The quaestors had under them a 
 great number of clerks, scribce, and tribunes called tri- 
 buni cerarii 9 , from their office of paying the troops 10 . 
 Passages of Cicero show that these tribunes were very 
 numerous 11 . I have observed, 380, that the tnird 
 decury of judges was composed of them ( 269), and 
 that they were held in high honour. 
 
 The provincial quaestors, also commonly called pro- 
 qucestores 12 , were charged with paying ( 374) the 
 troops when on service, and supplying them with corn ; 
 they also took care of the money which the soldiers 
 deposited at their standards 13 , collected the taxes and 
 contributions, whether of grain or of any other kind, 
 and sold the spoils, duly reporting all to the city quaes- 
 tors. They are also found to have exercised jurisdic- 
 tion 14 when deputed to them by the governors of pro- 
 vinces, sometimes acting entirely as their substitutes if 
 they were absent. 
 
 1 ) There is a remarkable passage concerning their primary du- 
 ties inPlut. Cat. Min. p. 766, sqq. 2) Cf. Dionys. 7, 63. 3) Cf. 
 Gell. 13, 24. 4) Cf. Plut. Cat. Min. p. 766. 5) Cf. Plut. 
 Qusest. Rom. 42; Val. M. 5, 1, 1. 6) See Liv. 3, 69. 7, 23. 
 
 7) See Val. M. 2, 8, I. 8) Cf. Suet. Aug. 36 ; Creuz. 157. 
 9) See Varro de L. L. 1. 4.'p. 42. 10) The as militare, see 271, c ; 
 cf. Gell. 7, 10 ; Plaut. Aulul. 3, 5, 52. 11) Cic. Cat. 4, 7, 
 
 pro Plane. 8. 12) Concerning the pro qucestore as deputy of 
 the provincial quaestor, compare the ambiguous passages in Cic. 
 Verr. 1, 15 and 36, which both others and myself have improperly 
 applied to this point, Cic. Div. 19. 13) Cf. Suet. Cass. 7. 
 
 14) Cf. Cic. ad Div. 2, 15 and 18. 
 
 214. Under the emperors the quaestorship was not 
 only suspended at times, as appears from Tacitus 1 , but 
 underwent several alterations 2 , among which was the 
 transfer of the care of the treasury 3 to two praetors, 
 made by Augustus ; Claudius ordered that these prae- 
 tors should remain three years in office 4 , and the charge 
 of it appears not to have been restored to the quaestors 
 from his time to that of Nero 5 . In the time of Augus- 
 tus we first meet with a new kind of quaestors, but with 
 
sect, 215.] ROMAN ANTIQUITIES. 239 
 
 only a temporary office G , called candidati, I suppose as 
 being aspirants to higher honours (see 184), and also 
 qucestores princijris, from their office, which was to read 
 the letters and messages of the emperor in the senate 7 . 
 The dignity of this office increased with the increasing 
 power of the emperors, being bestowed even on their 
 sons and destined successors 8 . Lastly, we meet with 
 quaestors of the palace, not unlike our chancellors 9 , 
 though Creuzer 10 questions whether this was a new or 
 superior dignity n . Different from all whom we have 
 hitherto mentioned were the qucestores <parricidii ( 263). 
 Lydus 12 , from ignorance of his subject, has added an- 
 other kind whom he calls classici. 
 
 1) Tac. Ann. 13, 29. 2) Tac. ib. 3) See Suet. Aug. 36 ; 
 
 Dio Cass. 53, 2. 4) See Suet. Claud. 24. 5) Cf. Lips. Ex- 
 curs. ad Tac. 1. c. 6) Cf. Dio Cass. 54, 25 ; Suet. Aug. 35; 
 
 Creuz. 158. 7) See UIp. de Off. Qutest. Digg. 1, 13 ; cf. 
 
 Tac. Ann. 16, 27 ; Lyd. 1, 28. 8) Cf. Suet. Tit. 6. 9) Cf. 
 Symm. Epistt. 1, 17. 10) Cruez. 138. 11) Cf. Lyd. 1, 28. 
 12) Lyd. 1,27 ; see Creuz. 158. 
 
 OF THE CURATORES, TRIUMVIRI, ETC. 
 
 215. We have also to notice among the magistrates 
 the curatores and triumviri, who were both either ordi- 
 nary or extraordinary, and of several kinds. Most of 
 the ordinary were first appointed under the Caesars l . 
 Among the curatores were C. viarum ( 48), having 
 charge of the public roads, which in former times had 
 belonged to the aediles, at first to all four, though subes- 
 quently each aedile had had the care of one road 2 . There 
 were also curatores riparum (alvei), of the banks (or 
 bed) of the river Tiber, C. aquarum of the aqueducts 
 ( 50). The curatores kalendarii were peculiar, and 
 have been noticed in 384 of this work. Among the 
 triumviri were the T. capitales, also called simply tri- 
 umviri 3 , having cognizance of offences committed by 
 slaves, men of the lowest order, and foreigners, and 
 charged with inflicting the punishments awarded by 
 
240 ROMAN ANTIQUITIES, [chap. ii. 
 
 other magistrates 5 ; the T. nocturni, charged with the 
 night police of the city 6 , which was transferred by Au- 
 gustus to the praefectus vigilum ; the T. monetales, of 
 the mint, so called from their business, which consisted 
 in minting the gold, silver, and copper currency, 
 whence they are often indicated on coins and in inscrip- 
 tions by the letters a. a. a.f.f. i. e. auro, argento, are 
 Jlandojferiundo 8 ', these are not to be confounded with the 
 T. numularii 9 , whose office it was to test the coinage 10 . 
 
 1) Cf. Suet. Aug. 7 ; Onuphr. Panv. de Civ. Rom. c. 58. sq. 
 2) Cf. Cic. ad Att. I, 1. 3) Cf. Plaut. Amphitr. 1, 1, 3. 4) Cf. 
 Plaut. Aul. 3, 2, 2. 5) Cf. Liv. 32, 26 ; Sail. Cat. 51 ; Val. 
 
 M. 8, 4, 2. 6) See Digg. de Off. Praef. Vig. ; c. Lyd. 1, 50. 
 7) Cf. Cic. ad Att. 10, 11. 8) See Pomp. Digg. 1, 2, 30 ; cf. 
 
 Dio Cass. 54,26 ; Spanh.de Usuand Praest. Num. 2. p. 167 ; Eckh. 
 Doctr. Numm. v. 5, p. 6. 9) See 1, 39, Digg. de Solut., et Do- 
 
 nat. ad Ter. Eun. 3, 15, 18. 10) Among the inferior magistrates 
 may also be classed the decemviri stlitibus judicandis ( 267), and 
 of prefects, those sent by the people into the prefectures of Italy, 
 (note on 1 27). Dio Cassius, 54, 26, is the only sufficient authority 
 for our supposing that these, who were four in number, were, toge- 
 ther with the decemviri, triumviri monetales, triumviri capitales, 
 and the six curatores viarum, collected into a body called viginti sex 
 viri. (Cf. Fest. in prafectura.) According to the same author 
 (Dio Cassius) this body was reduced under Augustus to twenty 
 members, by the abolishment of these prfaeects and of two of the 
 inspectors of highways, and it then also was composed of knights ; 
 hence the term vigintiviratus (Tac. Ann. 3, 29) : appointments to 
 this body were eagerly sought for by young men even of the empe- 
 rors' families, as the first step to distinction. (See Dio 54, 26 ; cf. 
 Tac. Ann. 3, 29 ; M\. Spart. Did. Jul. 1 ; Masson, in his life of Ovid, 
 on the verse " eque viris quondam pars tribus una fui ;" Stieglitz, 
 Archaeol. Unterhalt. p. 42. Creuz. 160). 
 
 216. Among the many other kinds of extraordinary 
 magistrates we find mentioned the prafectiov curatores l 
 annonce, of the corn-market, ( 209), who were made 
 ordinary magistrates by Augustus 2 ; also the quinque- 
 viri or triumviri mensarii ( 384), employed in ar- 
 ranging and settling the accounts of bankrupts 3 ; tri- 
 umviri, quatuorviri, and decemviri for planting colonies, 
 coloniae deducendse, who were also called agrarii or 
 agris dandis, from their office of assigning lands to the 
 colonists 4 , they are mentioned on coins. There were 
 
sect. 217.] ROMAN ANTIQUITIES. 241 
 
 also quinqueviri minuendis sumptibus, for restricting the 
 expenses of individuals ; duumviri aedibus dedicandis, 
 for dedicating temples 6 ; quinqueviri muris turribusque 
 reficiendis, for repairing the city walls and towers 7 ; 
 duumviri navales; triumviri aedibus sacris reficiendis, 
 for repairing temples ; triumviri valetudinis, officers of 
 public health ; the fact of the existence, however, of 
 these depends, I perceive, on the interpretation of a 
 coin belonging to the gens Acilia 8 . Besides these were 
 many others. 
 
 1) Cf. Suet. Aug. 37. 2) Cf. Liv. 4, 12 ; Cic. ad Att. 4, 1 ; 
 Dio Cass. 39, 9 ; Plin. Pan. 29, boasts of the abundance which pre- 
 vailed under the reign of Trajan. 3) See Liv. 7, 21. 23, 21. 
 4) Cf. Liv. 3, 1. 8, 16. 34, 53. 39, 22. 5) See Liv. 9, 30 ; cf. 
 40, 18. 41, 1. 6) See Liv. 25, 7. 7) See Liv. ib. 8) See 
 Reines. Synt. Inscriptt. Class. 1, n. 116; Eckhel Doctr. Numm. 
 v.5.p. 119 ; Spanh. de Usu et praestant. Numismm. 2. p. 15 ; Creuz. 
 Symbolik 2. p. 414-416, who, quoting the places here referred to, 
 (Abriss der Rcem. Antiqq. 159,) also asks whether the existence 
 of such officers can be proved from inscriptions. 
 
 MAGISTRATES' OFFICERS. 
 
 2 ] 7. After enumerating the magistrates of the Re- 
 public, their attendants or officers must be mentioned : 
 these, or at least many kinds of them, were styled adpa- 
 ritores, (whence adparitio) \ from their being in attend- 
 ance, adparentes, in order to perform the orders of 
 the magistrates ; and, in the provinces, statores 2 , from 
 their standing in readiness ; however, they were all 
 freemen, though of the lowest rank, unless we include 
 public slaves under this head ; frequently they were the 
 freedmen of the magistrate 3 : a distinction must be 
 made between these and others publicly appointed. 
 Among the different classes of inferior officers were the 
 clerks, scribce*, divided into decuries 5 , and assigned by 
 lot to particular magistrates 6 , from whose rank they de- 
 rived their names, as scriba consularis, prcetorius, cen- 
 soriuSf etc. 7 ; criers, pr&cones 8 , who performed duties 
 
242 ROMAN ANTIQUITIES. [chap. ii. 
 
 of different kinds, at the comitia, in the senate, and at 
 other assemblies, at public sales ( 100), and at fune- 
 rals 9 ; collectors, coactores 10 , also called collectarii, 
 who collected money due for purchases at auctions 11 , &c. ; 
 lictors 12 , who waited on consuls, praetors, and on any 
 who held command, carrying the fasces before them, 
 and causing any they met to show them due respect 13 , 
 to which the word animadvert ere ( 186) applies : they 
 likewise executed sentence on the condemned, by beat- 
 ing or beheading them 14 . 
 
 1) Cf. Serv. ad ten. 12, 851 ; Gell. 10, 3 ; Sigon. de Ant. Jure 
 Civ. Rom. 2, 15; Creuz. 174; concerning the word adparitio, 
 Cic. ad Div. 13, 54; ad Quint, fr. 1, 1, 4 ; Ulp. Pandd. 4, 2, 23, 3. 
 2) Cf. Petron. Satyr, c. 120 ; Cic. ad Div. 2, 17; Ulp. Pandd. 4, 
 16, 10. 3) Cf. Sigon. 1. c. ; Cic. ad Quint, fr. 1, 1, 4. 4) Con- 
 cerning their name and office, cf. Fest. in scribas, Cic. Verr. 3, 79. 
 5) See Schwarz ad Nieup. p. 190. 6) Cf. Cic. Cat. 4, 7. 
 7) Cf. Cic. Verr. 3, 80 ; Suet. Vesp. 3. 8) Cf. Hor. Sat. 1, 6, 86. 
 9) Cf.Varr.de L.L.I. 4. p. 38. 10) Cf. Hor. I.e.; Cic.proCluent. 
 64. 11) Cf. Suet. Vesp. 1 : "Coactiones argentarias factitavit;" 
 and Pandd. 40, 7, 40. 8 : " Argentarius coactor quum peene totam 
 fortunam in nominibus haberet," etc. 12) On this word, see Gell. 
 12, 3, where he says that Tiro Tullius, Cicero's freedman, derives the 
 word lictor from the cross belt, limum vel liciurn, with which they 
 were girt ; " licio enim transverso, quod limum appellatur, qui magis- 
 tratibus prseministrabant cingebantur." But Gellius prefers de- 
 riving it from their binding the hands and legs of those who were to 
 be beaten, lictor a ligando, following the opinion of Valgius Rufus, 
 which he quotes. Plutarch (Rom. 26. p. 34) derives the word from 
 ligai'e, but also conjectures that they may have been called formerly 
 lictores quasi XsiTovpyoi (ministri), and afterwards by inserting K. 
 lictor es. 13) Cf. Liv. 24, 44. and Suet. Caes. 80, " Lictor animad- 
 verti jussit." 14) Cf. Liv. 1 , 26. 
 
 18. Other officers were viatores, serjeants, such as 
 those of the tribunes of the people ( 208), of the cen- 
 sors 1 and of the consuls 2 , named from their office of call- 
 ing meetings, or from the word via, as some say 3 ; ac- 
 censi A , inferior officers who had different employments 
 under magistrates 5 , and formerly appointed to call the 
 hour 6 , mentioned likewise at funerals 7 , but different from 
 the accensi militares ( 144), who were appointed, un- 
 der the emperors, to situations in public offices, and 
 
sect. 219.] ROMAN ANTIQUITIES. 243 
 
 constituted the literata militia, ( 239): nomencla- 
 tores 8 , who waited on magistrates 9 , in order to give 
 them the names of those they met, originally only em- 
 ployed by private individuals in that capacity ( 184). 
 Finally, among such attendants we may class the inter- 
 preters, who were employed in the senate, as may be 
 supposed 10 , and generally in the provinces, so that they 
 usually formed part of the suite of a provincial magis- 
 trate ( 247). The office of public executioner was held 
 degrading, as at present; he was forbidden the city 11 , 
 was of the lowest class, and employed in executing 
 slaves ( 55), and men of his own class ; he was also, 
 some say, the jailer of the prison, under the direction 
 of the triumviri (215) 12 . 
 
 1) Liv. 39, 44. 2) Id. 8, 18. 3) Cf. Cic. Cat. Maj. 16. 
 
 4) As being adcensi, or added to the magistrates ? Varr. de L. L. 
 p. 62, derives it from accire, to summon. Cf. Lyd. 1,13, where see 
 my note inEpist. ad Has. p. 16. 5) Cic. ad Quint, fr. 1, 1 ; Verr. 
 2, 10. 6) Varr. 1. c. 7) Cf. Cic. de Legg. 2, 24, 61 . 8) From 
 calare, 149. 9) Cf. Lyd. 3, 8. 10) Cf. Cic. de Fin. 5, 29. 
 
 11) See Cic. pro Rab. 4 and 5; Plaut. Pseud. 1, 3, 98; Tac. 
 Ann. 2, 33. 12) Cf. Plaut. Rud. 3, 6, 19. 
 
 OF THE CHANGES IN THE CONSTITUTION OF 
 THE REPUBLIC UNDER THE CiESARS. 
 
 219. Having, in the preface to this work, stated my in- 
 tention of touching on mostpoints connected with the an- 
 tiquities of Rome under the Caesars, but treating largely 
 of only a few of them, I consider that this is the proper 
 place to note the chief alterations in the state of the 
 Republic under the Caesars, and to give as brief an ac- 
 count as possible of the imperial power, the new magis- 
 trates, and the offices and titles of dignity introduced 
 into each division of the Empire, when the Roman sway 
 was speeding to its fall. The Romans, corrupted by 
 the wealth and manners of the nations they had sub- 
 dued, began to turn their fury on each other. The 
 
 r2 
 
244 ROMAN ANTIQUITIES. [chap.ii. 
 
 Republic, on emerging from the civil wars of Sylla, found 
 itself too enfeebled to stand long, and was wholly extin- 
 guished in the second civil war. The dictatorship of 
 Caesar was succeeded by the still more tyrannical ca- 
 price of the triumvirate, and everything remained un- 
 settled when Octavius was left alone in power, until the 
 supreme government was decreed to him by the consent 
 of the senate and people, A. U. C. 727. 
 
 220. Augustus finding himself thus in legal posses- 
 sion of the power which had till then been his only 
 by right of arms, and being deterred by Maecenas from 
 his design, whether real or feigned, of restoring liberty 
 to the Romans, adopted the advice of that crafty 
 counsellor in regulating the government, by leaving 
 them a semblance of freedom whilst the whole power of 
 the state still remained in his hands 1 . For although the 
 senate and thecomitia ( 228) continued to exist, he gra- 
 dually himself engrossed the chief rights of both, no less 
 than the power of the principal offices of the magis- 
 tracy 2 . The sovereignty which he thus secured passed 
 as an heirloom to the succeeding Caesars, whether they 
 were or were not partly or wholly secured to them by 
 a certain law, commonly called lex regia, also lex 
 imperii (cf. lib. 3. C. de Test.), and by Justinian (1. un. 
 14. C. de Cad. toll.), Augustum privilegium. Such 
 a law is mentioned in the Digests and Institutions 3 , and 
 confirmed, in the opinion of some, by a monument con- 
 taining it ( 426), but Hugo 4 considers it more probable 
 that no such law ever existed 5 . 
 
 1) Cf. Dio Cass. lib. 52 and 53. 2) Tac. Ann. 1, 2 ; Dio Cass. 
 53, 17. 3) Cf. D. 1, 4, 1 ; Instt. 1, 2. 6 ; cf. Tac. Hist. 1, 47, 2, 
 55, 4. 3. 4) See Hein. Synt. 1, 2, 62-7; ibiq. Haub. Epicrisin, et 
 ejusd. Institt. J. R. Litter, p. 253 ; Hein. Hist. Jur. Rom. 1. 1, 
 169 ; Bach Hist. Jurispr. 1. 3, c. 1. 3 ; Hugo 277. p. 520-23 
 ed. 8. 5) Heineccius, Synt. 1, 2, 65 : " Adparet, quaecunque 
 sensim Augusto detulerat senatus, ea postea Tiberio, aliisque prin- 
 cipibus fuisse decreta. Omnia ergo ilia SCta non uno eodemque 
 tempore facta, ssepiusque deinde repetita, simul sumta, lex IM- 
 
sect. 221.] ROMAN ANTIQUITIES. 245 
 
 PERU vocari consueverunt a jureconsultis, ut et LEX REGIA, 
 exemplo,ut opinor,veterumRomanorum, qui, urbe vixnata, Romulo 
 supremam potestatem concesserant LEGE REGIA, cujus meminit 
 Livius" (34, 6) ; on which Haubold remarks in his Operis Heinec- 
 ciani Epicrisis, p. 918: " Quae auctor de lege regia, maxime 65, 
 scripsit, iis nunc patrocinari videtur Gaius 1. 5." The passage of 
 Gaius is as follows : " Nee unquam dubitatum est, quin id (scil. 
 quod imperator decreto, vel edicto, vel epistola constituit) legis 
 vim obtineat, quum ipse imperator per legem imperium accipiat." 
 Haubold also adds, that all the difficulties which still beset the 
 question have been accurately stated by Hugo (Gesch. d. Roem. 
 R. p. 520-23, ed. 8). I apprehend that the dispute is only one of 
 words, about the name of a thing concerning which the learned dis- 
 putants are in fact agreed. 
 
 22\. The offices, which, with the title of princeps 1 , 
 were accumulated to compose the imperial power of the 
 Caesars, appear to have been the tribunitia potestas 
 and potestas consularis, the imperium, proconsulates, 
 prcefectura morum and pontificates maximus. These 
 were either heaped at the first on Augustus, or as- 
 sumed by him as he gradually found himself more 
 firmly established on his throne. The consular power, 
 or, at all events, the right of bringing before the senate 
 whatever matters he pleased, and at any time, he re- 
 ceived in perpetuity after having held the consul- 
 ship for several years 2 : to the consuls themselves was 
 left rather the execution of his decrees than any 
 real authority of their own. This point is, however, 
 involved in much obscurity. The tribunitian power, 
 which Augustus, after the example of Julius Caesar, 
 assumed to himself in perpetuity 3 from A. U. C. 731, 
 invested the emperors with whatever powers had been 
 ascribed to it under the Republic ; by virtue of it they 
 could call assemblies of the senate and people, and 
 could lay matters before either ; they received appeals 
 from the decisions of magistrates, for rescinding the 
 verdicts of judges, and putting a veto on decrees of the 
 senate : accordingly, they, like the tribunes of the peo- 
 ple, were accounted the defenders of the rights of the 
 people, and considered sacred and inviolable in their 
 
246 ROMAN ANTIQUITIES. . [chap. ii. 
 
 persons 4 . Hence the tribunitian power, as it constituted 
 the main part of the imperial power, so it was considered 
 as its chief support (cf. 207); no wonder, then, that 
 the aera of the Empire, on the coins and public monu- 
 ments of the Caesars, is commonly reckoned from its 
 assumption by Augustus. 
 
 1) Cf. Tac. Ann. 1, 1 ; Suet. Cal.22 ; Dio Cass. 57, 8. 2) Cf. 
 Tac. Ann. 1, 2, 9 ; Dio Cass. 53, 32 ; Bach. 1. 3. c. I. 6. 3) See 
 Tac. Ann. 1,2. 4) Cf. Dio Cass. 53, 17. 
 
 222, The title emperor, imperator 1 , which was be- 
 stowed on J. Caesar, signified the perpetual command 
 of the whole military force of the state 2 , just as it had in 
 former times been vested in the kings or consuls, being 
 the name of honour given to the most distinguished 
 generals : there was this difference, however, that the 
 imperium exercised by the Caesars was, like the other 
 offices they assumed, greater than it had been in the 
 free ages of Rome, in that it included the power of 
 life and death even within the city itself, and that of 
 peace or war 3 , which latter had belonged to the whole (?) 
 people ( 170). This title was also bestowed on the 
 emperors in another sense when assigned to them, as 
 to successful commanders in former times, on account 
 of eminent achievements in war ; and this honorary dis- 
 tinction is commonly found on the coins of the Caesars 
 together with the titles of consul and tribune. The 
 proconsulship claimed by the emperors over all pro- 
 vinces implied an authority over the acting gover- 
 nors, rectores, of those provinces 4 . The praefectura 
 morum, which had been part of the censorship ( 199), 
 gave them entire control over the honours and rank of 
 all the citizens, as it included the right of selecting 
 senators, knights, and judges, with.the whole corrective 
 power, animadversio, of the censors 5 ; finally, the Pon- 
 tificatus Maximus gave them absolute authority in re- 
 ligious matters, and was no slight safeguard of their 
 
sect. 223.] ROMAN ANTIQUITIES. 247 
 
 sovereignty, both from the additional reverence which 
 the people paid to them as being charged with such af- 
 fairs, and from the way in which they could modify it so 
 as to best suit their interests and plans 6 ; hence not 
 even the first Christian princes refused this title. The 
 names Caesar and Augustus were merely styles of honour. 
 The latter intimated the sanctity of the person bearing 
 it, and the veneration due to it, denoting, properly, some- 
 thing consecrated by augury 7 , the Greeks accordingly 
 rendered it by o-eftao-Tos. This title was decreed by 
 the senate to Octavius 8 , that of Caesar was adopted 
 from J. Caesar (91). The name princeps, which was 
 used also under the Republic, likewise denoted pre-emi- 
 nence rather than power. The Greeks designated the 
 emperors by the same word as the kings, calling them 
 fiao-ikeZs. As adulation advanced, they came to be 
 commonly called domini 9 ; a title which Augustus and 
 Tiberius are well known to have disliked 10 , from its im- 
 plying the correlative idea of servitude, and yet it was 
 used, even in their times, by their courtiers, and persons 
 attending their levees 11 . The emperors used also to 
 assume titles of their own choice, such as Felix, Pius, 
 Victor, or one borrowed from nations whom they had 
 conquered. 
 
 1) Cf. Suet. Caes. 76 ; Tib. 26. 2) Cf. Dio Cass. 43, 44. 53, 
 17. 3) Cf. Dio Cass. 53, 17. 4) Cf. Dio Cass. 53, 32. 
 
 5) Dio Cass. 53, 17. 6) Cf. Dio Cass. ib. 7) Cf. Fest. in au- 
 gustus locus, Suet. Aug. 7 ; Dio Cass. 53, 18 ; Creuz. 187 and 189, 
 who maintains that it comes from augur, not from augeo; both 
 these etymologies are given by Festus and Suetonius. 8) Suet. 
 Aug. 7. 9) Cf. Pliny's letters to Trajan, Lyd. de Magistrr. 1, 6. 
 10) Suet. Aug. 53; Tib. 27; cf. Tac. Ann. 2,87. 11) Cf. 
 
 Ovid. Am. 3, 7. 11 ; Sen. Epist. 3 ; Mart. 1, 113, 5,58; Briss. 
 de Form. 1. 8. p. 744. 
 
 223. It is sufficiently clear, from what has already 
 been stated respecting the imperial power and the chief 
 offices of the Republic generally, that these continued 
 
248 ROMAN ANTIQUITIES. [chap. ii. 
 
 to exist under the Caesars in name rather than in 
 effect 1 . The powers being gone, it was natural that 
 the offices themselves should be changed, and some 
 were transferred wholly to the emperors ( 189 and 
 199), and others supplanted by new offices of their 
 creation. Of the latter, the quaestores candidati, the 
 praetor fideicommissarius, the praetor tutelaris, and 
 several inferior magistrates, have already been noticed 
 ( 196. 214.215. 216.), but the most remarkable of all 
 were the praefectus urbi and the praefectus praetorio. 
 
 1) Cf. Tac. Ann. 1, 3. 
 
 224. Augustus appointed the Praefectus Urbi at the 
 suggestion of Maecenas 1 , reviving the semblance of an 
 office known under the Republic ( 204), that less 
 offence might be taken from his heaping on a new 
 magistrate the offices of several, and chiefly of the 
 aediles and praetors, whose insignia he is thought to 
 have had with the several duties enumerated by Ul- 
 pian 2 . These included attention to complaints of slaves 
 against their masters, and of patrons against their freed- 
 men, the cognizance of crimes committed by trustees 
 and guardians against their wards, the checking of 
 fraudulent dealings among bankers (argentarii, see 
 384), the inspection of the flesh-markets, and the 
 maintenance of public tranquillity 3 : hence it was his 
 business to maintain order at public spectacles, and he 
 had at his disposal the city cohorts, and the praefectus 
 vigilum 4 . The power of this magistrate extending, as 
 it did, to a radius of one hundred miles from Rome, was 
 such that he could sentence to banishment from Italy, 
 and transportation to islands. This office was esta- 
 blished in Constantinople as well as at Rome, and lasted 
 to the latest times of the Eastern empire 5 . 
 
 1) Cf. Tac. Ann. 6, 11; Suet. Aug. 37 ; Dio Cass. 52, 21. 
 2) Pandd. de Off. Prtef. Urb. 3) Cf. Tac. Ann. 6, 11 ; Juven. 
 
sect. 225.] ROMAN ANTIQUITIES. 249 
 
 4, 77 ; Dio Cass. 52, 21. 4) Cf. Pandd. de Off. Prsef. Tig. 
 
 5) Cf. Lyd. 1,34,2,6. 
 
 225. The Praefectus Praetorio, called by the Greeks 
 virap'xps and hrapxps 1 , (whence prcefectura prcetorii, 
 Gr. eirap'XpTrjs,) was also an office created by Augustus. 
 This praefect had the command of the praetorium ( 190) 
 or praetorian cohort, also called simply the prcetoriani, 
 being picked 2 soldiers, whom the emperors selected for 
 their body-guard after the manner of the kings and of 
 generals ( 204). At first there were two such praefects, 
 under Tiberius only one 3 ; but after his reign one or 
 several at different periods 4 . The power of these 
 praefects, which was at first but small 5 , and wholly of a 
 military character 6 , afterwards increased to such a de- 
 gree, when the power and safety of the Caesars had 
 come to depend almost entirely on the praetorian guard, 
 that they became supreme over all other magistrates, 
 and controlled affairs of the greatest importance, in- 
 cluding the aulica ?, or matters pertaining to the im- 
 perial household 8 (232, sqq.). They were constant 
 attendants on the emperor's person, being ever at hand 
 to execute his commands : in course of time they came 
 also to be the chief judges in the empire, no appeal 
 being allowed even to the emperor himself 9 ; so that 
 they may justly be described as all but partners in the 
 empire 10 . The emblem of this great power was a 
 sword given them by the emperor when he appointed 
 them u . Another of their insignia was, a four-wheeled 
 chariot 12 . Concerning their official title, see 236, 
 When Constantine the Great divided the Empire into 
 four parts or praefectures, namely, that of the East, (P. 
 Orientis or per Orientem,) that of Italy, that oflllyria, 
 and that of Gaul, he set a praefect over each. Africa 
 was included in the Pr. of Italy, and Spain and Britain 
 in that of Gaul. These praefectures were divided 
 into dioceses or vicarships, and these were subdivided 
 
250 ROMAN ANTIQUITIES. [chap. ii. 
 
 into provinces. Each diocese was under a vicarius, 
 also called exarchus. The provinces were ruled by 
 officers styled proconsules, correctores, or prcesides. 
 Hence the power which had originally been of a merely 
 military nature, and then mixed, became purely civil, 
 the military functions being transferred to magistri 
 militum; and eventually 13 the praefects retained little 
 beyond the right of jurisdiction (231). 
 
 ]) Cf. Lyd. 2, 6. 2) Cf. Digg. de Off. Preef. Prset. ; Dio 
 
 Cass. 52, 24. 55, 10. 3) See Tac. Ann. 1, 24, 4, 1. 4) Cf. 
 
 Tac. Ann. 14, 51. 5) Cf. Tac. Ann. 4, 2. 6) Was not this 
 the case down to the reign of Adrian ? Cf. Spart. Adr. 18. 7) Cf. 
 Suet. Cal. 19. 8) Lydus, (2, 6.), as usual, is confused in his 
 
 chronology; cf. Creuz. 166. p. 182. 9) Cf. Capit. Anton. 
 
 Phil. 11 ; Herod. 7, 6 ; Digg. tit. de Off. Praf. Pra>t. 10) Cf. 
 
 Herodianus 5, 1 ; Vict, de Cees. c. 9 ; Lyd. 2, 9. 11) Cf. Plin. 
 Paneg. 67 ; Xiphil. in Trajano, Lyd. 2, 9 and 13. 12) Called 
 
 cnrr)v?) by the Greeks ; cf. Lyd. 2, 14. 3, 57 ; cf. carruca ; Symm. 
 10, 40. 13) Cf. Lyd. 2, 10 and 11. 
 
 226. Most of the particulars which have been here 
 collected concerning the alterations which the state expe- 
 rienced under the emperors, belong to the earlier times 
 of the Caesars ; for towards the close of the third cen- 
 tury of the Empire, matters became so altered that 
 there is scarcely any subject in the whole range of 
 Roman history so perplexed and difficult as the consti- 
 tution of the Empire at that time : but as it is not my 
 intention to treat of it, although I shall touch upon the 
 new public dignities then introduced, (infr. 230 
 240) it remains for me only to add a very few remarks 
 concerning the altered condition of the comitia and 
 senate, as compared with what it had been under the 
 Republic. Whatever else may be judged worthy of 
 notice, including the government of the provinces, I 
 have preferred to introduce separately in the proper 
 places. 
 
 In considering the power of thepopulus ( 14Gand 147) 
 as contrasted with that of the senate, and distinct from 
 
sect. 227.] ROMAN ANTIQUITIES. 251 
 
 the plebs, care must be taken to distinguish the rights, 
 in which it strictly consisted, from that influence which, 
 whilst it depended on the form and fortunes of the co- 
 mitia and on the caprice of the plebeian tribunes, varied 
 greatly at different times, but is seen to have progres- 
 sively increased down to the latest times of the Repub- 
 lic, when it was boundless. The Gracchi restored it 
 after the second Punic war, when it had been rendered 
 almost null by the preponderating interest of the nobi- 
 lity and the artifices of the senate ; it then rose high, 
 but, when at the highest, was humbled by Sylla in his 
 dictatorship ( 207), who deprived the populus of many 
 of its rights, and left the tribunes merely the intercessio 
 which had at first been allowed them. Cneius Pompey 
 not long afterwards restored it completely, and what it 
 was at the very close of the Republic may be gathered 
 from a passage of Appian de B. C. IV. 92, where he 
 makes Cassius speak as follows : 
 
 " You who are of the people obey your generals, 
 in time of war, as your masters, but, in peace, you 
 in your turn enjoy as great authority over them. The 
 senate indeed discusses the matters which are to be 
 brought before you, lest you should be imposed upon, 
 but in every case the ultimate decision rests with you ; 
 and it is by your comitia, whether of the tribes or centu- 
 ries, that consuls, tribunes, and praetors are appointed : 
 nay, further, you call to account, and sit in judgment 
 on, all whom you may have advanced to honourable 
 posts by your votes, and you decree either penalties or 
 rewards according as we may have deserved blame or 
 praise in the discharge of our functions : and you an- 
 nually appoint tribunes of your own choice, to interrupt 
 our proceedings if your interest seem to require 
 it, &c." 
 
 227. From the above passage of Appian are clearly 
 seen the rights of the people and its supreme power in 
 
252 ROMAN ANTIQUITIES. [chap. 11. 
 
 the government of the state, which, as the sequel in 
 Appian shows, was overthrown by Caesar; we also 
 see the relation subsisting between the people and the 
 senate. But even then this power, though apparently 
 greater than it had ever been, could scarcely be said to 
 have a real existence, seeing how long the state had 
 been accustomed to the control of individuals who 
 flattered the people for the purpose of rising by its 
 favour, and when once they had risen, set its decrees 
 and those of the senate equally at nought. Among 
 these, Caesar, when he had made himself master of 
 everything, at first kept up the show of comitia for 
 sanctioning whatever it was his good pleasure to enact ; 
 following herein the example of Sylla ; but afterwards 
 he dispensed even with this ceremony, and arrogated 
 to himself even the most ancient rights of the people, 
 including the creation of magistrates, which although 
 he shared at first with the senate and people (cf. Suet. 
 Caes. 41), he took entirely into his own hands towards 
 the close of his life. 
 
 228. Nor was the condition of the comitia any better 
 under the triumvirate. They assembled the people 
 indeed, but not that it might freely vote concerning the 
 matter in hand, merely that it might formally sanction 
 what had been decided on by them, its masters l . Au- 
 gustus, however, whilst he ruled the state under the 
 title of princeps, held a middle course 2 in the creation 
 of magistrates 3 . He retained the comitia, but took 
 good care that none should be appointed but his crea- 
 tures, and sometimes even selected whom they should 
 appoint 4 . Tiberius, finding the people accustomed to 
 the yoke, showed them less regard, and transferred 
 these slender relics of power to the senate 5 , and, 
 whilst he reserved to himself exclusively the nomina- 
 tion of the consuls 6 , either proposed candidates for the 
 other offices to the senate, or left them occasionally free 
 
sect. 229.] ROMAN ANTIQUITIES. 253 
 
 to choose whom they would. In mockery, as it were, 
 of the ancient majesty of the people, he allowed those 
 who had been elected to be introduced to it in assem- 
 blies in the Campus Martius ; the superior magistrates 
 were presented to the comitia centuriata, the inferior 
 to the comitia tributa. In this semblance of the comitia, 
 prayers having been first said, the choice which had 
 been made was announced by one of the consuls, or by 
 the emperor in person, or by a public crier 7 ; it was 
 still kept up in the time of Alexander Severus 8 . The 
 power of the people, then, did in fact entirely cease to 
 exist from the reign of Tiberius. As to the restoration 
 of the comitia by Caligula, (whether under the form in 
 which Augustus had allowed of them, or otherwise, is 
 not clear,) it was of very short duration, Caligula him- 
 self returning to the plan followed by Tiberius 9 . 
 
 1) Cf. App. B. C. 3, 30 and 31. 2) Cf. Dio Cass. 52, 20 and 30, 
 56, 40 ; Suet. Aug. 56. 3) For the enactments of Augustus re- 
 specting the comitia, see 77. 4) Cf. Dio. Cass. 53, 21. 5) Tac. 
 Ann. 1, 15. 6) Cf. Dio Cass. 58. 20. 7) Cf. Plin. Paneg. 63 
 
 and 64. 8) Cf. Dio Cass. 58, 20. 9) Cf. Dio Cass. 59, 9 
 
 and 20 j Suet. Cal. 16. 
 
 229. As regards the power of the senate we must 
 make a distinction similar to that which was drawn in 
 the case of the people. Many of its attributes, (some 
 particulars, for instance, in the administration of the 
 provinces,) were always left to it 1 , the people either not 
 attempting to meddle with them or failing in its at- 
 tempts. Other parts of its power, on the contrary, it 
 either successively lost in its contests with the plebs and 
 populus, or retained only with limitations. Such was 
 its influence in the comitia, which, from being at first so 
 great as to allow the people only a shadow of power, 
 was eventually so circumscribed as to retain itself the 
 shadow, whilst the substance was transferred to the 
 people. 
 
254 ROMAN ANTIQUITIES. [chap. ii. 
 
 The power, then, of the senate, like that of the peo- 
 ple, constantly fluctuated ; it was one thing under the 
 kings, another at the commencement of the Republic, 
 another at its close, and different again during the se- 
 cond Punic war 2 . The Gracchi gave it a severe shock, 
 but Sylla ( 226) restored it, so as to make it almost 
 aristocratical. During the civil wars it was set at 
 nought 3 , and varied greatly; ultimately it sank with the 
 freedom of the Republic ; for Augustus, when emperor, 
 treated the senate in the same manner as the superior 
 offices of the magistracy ; he retained the ancient name, 
 but abolished the ancient authority; but as he was still 
 anxious to appear to do nothing of importance without 
 its authority, he restricted it in many ways, and con- 
 trived that its decrees should always be made accord- 
 ing to his pleasure, inasmuch as he himself convened it 
 by virtue of his consular ( 221), and could check it by 
 his tribunitian power, although he occasionally ob- 
 served the formality of causing his private resolutions 
 to be submitted to it by the nominal consuls 4 , and 
 hence the senate came to be called the emperor's privy 
 council, consilium secretum principis. This continued 
 to be the condition of the senate under the succeeding 
 Caesars. Tiberius, indeed, transferred the election of 
 magistrates to it from the comitia ( 228), but added 
 thereby very little to its authority, its choice being no 
 more free than that of the people had been, whilst flat- 
 tery made it prompt to obey his wishes 5 . The impe- 
 rial power not being hereditary it was indeed conferred 
 by the decree of the senate, the people having no 
 longer a voice in public matters ; but such decrees 
 were hardly ever the result of a free choice 6 : for if the 
 successor to the Empire was named during the emperor's 
 lifetime, the senate obeyed the reigning emperor's will ; 
 if after his death, it generally submitted to the caprice 
 of the praetorian soldiery (cf. 225), and in the same 
 
sect. 230.] ROMAN ANTIQUITIES. 255 
 
 way did it decree divine honours to deceased empe- 
 rors ; to the good, it decreed them with willing flat- 
 tery, to the worst, under compulsion ( 490). Never- 
 theless, the members of the senate were adorned with 
 new names of honour ( 236), just as we have seen in 
 the case of the consuls, that it might the more clearly 
 appear how the monarch was the sole fountain of all their 
 honours ; and they were the more effectually bound to 
 him by the circumstance that they were chosen by him, 
 the emperors sometimes either furnishing the entire 
 amount of the senatorial census, or making up any defi- 
 ciency in the case of persons whom they pleased to pro- 
 mote to the senate 7 . 
 
 1) Cf. Cic. in Vat. 15. 2) Cf. Polyb. 6, 14 ; Appianus 1. c. 
 3) Cf. Cic. pro Sext. 10 ; Suet. Caes. 22. 4) Cf. Tac. Ann. 13,26. 
 5) Cf. Plin. Paneg.75 and 76 ; Vopisc.Tac. 7. 6) Cf. Vop. 1. c. 
 
 7) Cf. Tac. Ann. 2, 37 and 38. 
 
 CONCERNING THE DIGNITIES OF EACH DIVI- 
 SION OF THE EMPIRE. 
 
 230. It remains for us to notice the dignities, or 
 offices and styles of honour, which, as has been already 
 said, were mostly introduced at a late period, and when 
 the Roman Empire was fast decaying, and of which fre- 
 quent mention is made by writers of that period, parti- 
 cularly in the Novellae and Codices of Justinian and 
 Theodosius, although the only complete list of them 
 extant has come down to us in a small work entitled, 
 Notiiia Dignitatum utriusque Imperii, which has been 
 abundantly and learnedly illustrated by Pancirollus (in 
 Thes. Graev. vol. vii. p. 13092022). An addition 
 has been furnished in our own times to this important 
 record by the scanty and not very clear, although by 
 no means contemptible contributions of Joannes Lau- 
 rentius Lydus, in a small work, de Magistratibus Ro- 
 manorum Reipubliccc. In a chapter devoted to the 
 
256 ROMAN ANTIQUITIES. [chap. ii. 
 
 subject of the assistants to the prasfecti praetorio, -he 
 has touched on many points connected with that sub- 
 ject ; but it appears to me to be still involved in so many 
 difficulties, that I shall reserve its full discussion for my 
 course of lectures, and here set down only so much as 
 will be sufficient to exempt me from the charge of 
 merely giving a list of names. 
 
 231. I have stated ( 225) that the Roman Empire 
 was divided into four praefectures, and that the power 
 of the praetorian praefects was changed when that divi- 
 sion was made. Their military command and business 
 at court 1 was taken from them, and their power thereby 
 much diminished, but it still was considerable, and among 
 other things they superintended the public posting de- 
 partment ( 2SS) and manufactories, besides retaining 
 their powers of jurisdiction, which I see some writers 
 imagine to have been alone left to them 2 . Of these 
 they were deprived, in the East at all events, under the 
 reign of Arcadius, but still controlled the expenses of 
 magistrates and other charges 3 . The dates given in 
 the Notitia agree very nearly with the above, and that 
 work furnishes a list of the dignities in each part of the 
 Empire after its division by Theodosius, but without ex- 
 plaining the duties belonging to each. I shall here 
 quote from it a list of these dignities in the Eastern Em- 
 pire, omitting those of the Western, for brevity's sake, 
 as they correspond to these. See Thes. Graev. vol. vii. 
 pp. 1336 and 1787. 
 
 Prcefectus prcetorio Orientis. 
 
 Prcefectus prcetorio Illyrici ( 17). 
 
 Prcefectus urbis Constantinopolitance ( 224). 
 
 Magistri equitum et peditum in prcesenti duo ; alii 
 ires, equitum et peditum per Orientem, equitum et pe- 
 ditum per Thr arias, equitum et peditum per Illyricum. 
 
 Propositus sacri cubiculi. 
 
 Magister officiorum. 
 
sect. 232.J ROMAN ANTIQUITIES. 257 
 
 Qucestor ( 214). 
 
 Comes sacrarum largitionum. 
 
 Comes rerum privatarum. 
 
 Comites domesticorum duo, equitum et peditum, 
 
 Primicerius sacri cubiculi. 
 
 Primicerius notariorum. 
 
 Castrensis sacri palatii. 
 
 Magistri scriniorum, to wit, memories, epistolarum, 
 libellorum Grcecorum. 
 
 Proconsules duo, Asice, Achaice, (19 and 26). 
 
 Comes Orientis. 
 
 Prcefectus Augustalis. 
 
 Vicarii quatuor, Asiance diceceseos, Ponticce, Thra- 
 ciarum, Macedonia. 
 
 Comites rei militaris duo, JEgypti, Isaurice. 
 
 Duces per dZgyptum duo, Libyce, Thebaidos ; 
 per Orientem sex (the names of the regions are 
 given); per Ponticam unus, Armenice ; per Thracias 
 duo, Mcesice secundce, Scythice; per Illyricum duo, 
 Dacice ripensis, Mcesice primce. 
 
 Consulares quindecim: per Orientem quinque, Pa- 
 Icestince, Phcenices, Syrice, Cilicice, Cypri ; per Asia- 
 nam tres, Pamphylice, Hellesponti, Lydice ; per Pon- 
 ticam duo, Galatice, Bithynice ; per Thracias duo, Eu- 
 ropce, Thracice ; per Illyricum tres, Cretce, Mace- 
 donia, Dacice Mediterranece. ^Egyptus autem (adds 
 the Notitia) consular em non habet. 
 
 Prcesides provinciarum quadraginta (the names of 
 the provinces follow). 
 
 Correctores duo, Augustanicce, Paphlagonice. 
 
 1) Cf. Lyd. 2, 10 and 1 1. 3, 40 and 41. 2) Cf. Creuz. p. 182- 
 3) See Lyd. 1. c. 
 
 232. The dignities enumerated in the foregoing list 
 were some civil, others military, and others were 
 attached to the court, as is evident from their names ; 
 others again may be considered as of a mixed nature. 
 We will briefly notice each in succession. Concerning 
 
258 ROMAN ANTIQUITIES. [chap. if. 
 
 the praefectus praetorio and the Pr. urbis, we have 
 already said as much as can be admitted in a mere 
 sketch, such as I am now giving ; and it has also been 
 stated ( 225) that the magistri militum were charged 
 with the military powers which were taken from the 
 praetorian praefects (See Pancir. Comment, p. 1408, 
 sqq). Two of these magistri were called praesentales 
 or in prcesenti, from their constant attendance at court 
 in the emperor's presence, having the command of the 
 forces which guarded the emperor's palace and person, 
 and which were called, in like manner, prcesentes, or 
 prcesentales (lb. p. 1411). These troops were, how- 
 ever, also sent into the provinces, to act under the ma- 
 gistri militum and enforce their measures. When thus 
 on duty in the provinces they still retained their name 
 and privileges (lb. p. 1480). 
 
 The propositus sacri cubiculi may be called lord of 
 the bedchamber, being the immediate attendant on the 
 emperor's person, in charge of his chamber and private 
 correspondence ; under him we find the primicerius cu- 
 biculi cum decanis, castrensis cum primiceriis menso- 
 rum, cellariorum, lampadariorum, the comes sacrae ves- 
 tis, groom of the stole, the chartularii cubiculi, the de- 
 curiones silentiariorum, chief ushers, etc. (lb. p. 1491.) 
 
 2SS. The magister officiorum 1 , was so called from his 
 having the superintendence of all the inferior attendants 
 at the palace 2 , whether armed or not : the individuals 
 composing any department formed what was called a 
 schola. He had charge also of the bureaus for memorials, 
 letters, and orders of admittance to audience of the em- 
 peror ( 494) ; he took charge of petitions from subject 
 nations, superintended the manufacture of arms, and 
 the public posts 3 , by which persons might travel on 
 public business by means of an order given for the 
 purpose 4 : hence we find among the subordinates to this 
 officer the adjutoresfabricarum, the curiosus (inspector) 
 cursuspubliciprcesentalis, the curiosiperprovincias, and 
 
sect. 233.] ROMAN ANTIQUITIES. 259 
 
 interpreters of different nations, etc. (Pancir. Comment. 
 p. 1498). The comites sacrarum largitionum and re- 
 rum privatarum, were instituted by Constantine the 
 Great. The former managed the taxes, tributes, and 
 the budget of the revenue and expenditure of the em- 
 pire, including the pay of the army and salaries of ma- 
 gistrates. His title was derived from the circumstance 
 that whatever largesses or gifts 5 the emperor might be 
 pleased or forced to make ( 395), and ultimately all sa- 
 laries and stipends, were charged to the public treasury 
 under the head of largitiones 6 . Under the comes sacra- 
 rum largitionum were the comites largitionum of the seve- 
 ral diceceses, of which they managed the revenues ; the 
 prcefecti thesaurorum, i. e. of the receipts of the reve- 
 nue in each province, who, after furnishing what was 
 wanted by the com. sac. larg., paid over the balance to 
 the governor of the province, who transferred it to the 
 area largitionum; also the comites commerciorum, per 
 Orientem, Mcesiam } etc., commissioners of trade; the 
 comes metallorum per Illyricum ; the magistri li- 
 nece vestis ; the procuratores baphiorum, supervisors 
 of dye-houses ; monetarum, of coining ; linificiorum, 
 of linen manufactories ; bastagarum {a Pao-rdfa), of 
 the imperial carriages and vehicles. We also find un- 
 der the com. sacr. larg. the primicerii of several scrinii, 
 bureaus, for instance, of the scrinium canonum, tabula- 
 riorum, aurece massce ; comes annularensis, keeper of 
 the signet (?) and others 7 . 
 
 1) Cf. Lyd. 2, 23-26. 2) Cf. Hegewisch. Roem. Finanz. 
 p. 252. 3) The word evectio is to be explained by reference to 
 this institution, for instance in the passage of Symmach. 4, 6, 
 " Evectiones impetrasse me gaudeo ;" also the veredarii, from 
 veredo, a horse or beast of burden (Cf. Lyd. 3, 61) ; also in Symm. 
 7, 14: "Cum veredarii deesset occasio, privato homini reddenda 
 scripta commisi. 4) See Lyd. 2, 10. 3, 40 and 61. 5) Cf. 
 
 Tac. Ann. 1, 11. 6) Cf. Pancir. Comment, p. 1520. sqq. ; 
 
 Hegew. p. 349; Burm. de Vect. p. 115. 7) Pancir. p. 1527; 
 
 Hegew. p. 350. sqq. 
 
 s 2 
 
2G0 ROMAN ANTIQUITIES. [chap. ii. 
 
 234. The comes privatarum rerum was keeper of the 
 emperor's privy purse, formerly in the keeping of the cu- 
 rator patrimonii, and receiving the proceeds of the impe- 
 rial lands, forests, pastures, etc 1 . The Notitia (Pancir. 
 p. 1557) places under the control of this officer others 
 called the rationales rerum privatarum, accountants to 
 the privy purse, the propositi gregum et stabulorum, 
 masters of the herds and studs, the procuratores 
 saltuum, commissioners of woods and forests, and se- 
 veral primicerii, including the primicerius of the bu- 
 reau of the emperor's private bounties. 
 
 The primicerius sacri cubiculi and the prim, cas- 
 trensis sacri palatii, have been noticed in speaking of 
 the propositus sacri cubiculi. The prim, castrensis 
 had the management of those departments of the impe- 
 rial household not connected with the bedchamber, such 
 as the bakers, butlers 2 , and those servants who super- 
 intended the laying out of the table, called mensores; 
 each department having its own primicerius or foreman, 
 that word being derived from the circumstance that the 
 person bearing it was placed first on the list 3 of his depart- 
 ment {primus in ceris, i. e. tabulis). The name mensores, 
 which, according to Pancirollus 4 , denoted the footmen, 
 &c, who laid out and waited on the imperial table, 
 was originally a military term, and was given to them 
 from a fancied analogy between their office and that of 
 castrorum mensores, who marked out the limits of the 
 camp, and set up and prepared the prcetorium, or ge- 
 neral's tent ; the use of the term castrensis arose from 
 a similar reference to military duties. The subordinates 
 of the pr. castrensis were accordingly also called cas- 
 trensiani (See Pancir. p. 1570). 
 
 1) Cf. Burm. p. 116. 2) Cf. Burm. p. 36. 3) Cf. Lyd. 3, 
 
 2 and 4. 4) Pane. p. 1570; Hegew. p. 253, gives a different 
 explanation. 
 
 235. The magistri scriniorum(P a,nc, p. 1581), secreta- 
 ries, had their name from the desks, closets, and offices 
 
sect. 235.] ROMAN ANTIQUITIES. 261 
 
 in which the documents in their care were kept, both 
 the documents and the places where they were depo- 
 sited being called scrinia, and the persons employed 
 about them scriniarii. There were four such scrinia 
 or offices for four different branches of business ; the 
 scrinium memories, memorial office, the persons em- 
 ployed in which were called scriniarii memoriales, and 
 kept the laterculum minus, or lesser register. The 
 scrinium epistolarum, foreign office, the persons em- 
 ployed in which were called epistolares, and attended 
 to the foreign embassies, despatches, and petitions ; the 
 scrinium libellorum for documents and petitions ; and 
 the scrinium epistolarum Grcecarum. The primicerius 
 notariorum (ib. 1577) was chief of the officers or clerks, 
 who registered in the laterculum (see 237) the names 
 of all who had received any dignity from the emperor, 
 sending also to such persons dockets out of that regis- 
 ter, which were their commissions (see 237, and comp. 
 189) : from this occupation came their name 2 , but they 
 had also the honorary title of tribunes 3 . 
 
 Proconsuls had each the charge of only one pro- 
 vince, the praefectus Augustalis and the comes orientis 
 (Pancir. pp. 1617, 1621, and 1639) governed several; 
 the diceceses were subdivided into several provinces, 
 and were each under a vicarius (ib. p. 1619), so that 
 the pr. Augustalis, the comes orientis, and the vicarii 
 had under them several provincial praefects, some of 
 these being consulars, other praesides, and two called 
 correctores (Ib. pp. 1763, 1767, 1766, 1660). The 
 comites domesticorum equitum et peditum (ib. p. 1565), 
 commanded the household troops, the comites rei mili- 
 taris and duces had at their disposal the forces of the 
 several provinces, lists of which are given in the Notitia. 
 (Ib. pp. 1683, 1693, 1697). 
 
 1 ) Cf. Sen. de M. Claud, extr. 2) The name notarii was also 
 used to designate generally the amanuenses to magistrates 
 
262 ROMAN ANTIQUITIES. [chap. ii. 
 
 or clerks in offices (cf. Cod. Theod. 1. 6. t. 10 ; Trebell. Poll. 
 Claud. 14), or shorthand writers (cf. Quint. 7, 2, 24; Mart. 
 3, 32, 2 ; Plin. Epist. 3, 5, 15, 9, 36 : the figures used by short- 
 hand writers being called siglce ( 271 i.) and also notce (cf. Cic. 
 p. Mur. 11 ; Isid. Orig. 1, 21). The Greeks called such persons 
 raxvypatyoi (cf. Lyd. 3, 6, 9 ; Fuss. Epist. ad Has. p. 31), whether 
 they used shorthand or not. 3) See Lyd. 3, 9. 
 
 236. Each of the dignities we have now enumerated 
 had titles and insignia peculiar to itself; each its pre- 
 fecture, as the prcefecti prcetorio, or dicecesis, as the 
 vicarii, or one or more provinces, as the proconsuls, 
 consulars, and praesides ; each military dignity had 
 forces at its own command, and each civil dignity its at- 
 tendants or court (cohors, coJiortales 247). These are 
 to be seen in the Notitia. The highest style of honour was 
 illustris{vir illustris), which all whom we have mentioned 
 enjoyed down to the chief lord of the royal chamber, 
 the primicerius sacri cubiculi. The next title, specta- 
 bilis (spectabilitas), was applied to this officer and to 
 all down to the consulars ; the next title was clarissi- 
 mus (claritas), applied to the consulars, correctores and 
 presides. By these titles men of senatorial rank were 
 distinguished ( 178). Those of inferior rank were 
 termed perfectissimi, as certain of the prassides ; the 
 lowest rank, as the scriniarii principis, secretaries to 
 the emperor, were styled egregii. (See Pancir. Com- 
 ment, c. 2. Thes. Graev. vol. VII. p. 1342. sqq.) 
 Among other titles we meet with gloriosissimus, exi- 
 mietas 1 , magnificentia, sublimitas, celsitudo, culmen 2 , 
 (v7repoxhy) generally given to the praefecti prsetorio; 
 gravitas, perfectissimatus, egregiatus, and many others. 
 
 1) Cf. Symm. 10, 79. 2) Applied to the emperor himself by 
 Symm. 18,61. 
 
 237. Insignia of office were as various as the ranks 
 and duties were ; for instance, those of the prcefecti 
 prcetorio and prcef. urbis were the car, carpentum 
 ( 225), and burning tapers (see Thes. Graev. vol. VII. 
 
sect. 238.] ROMAN ANTIQUITIES. 263 
 
 p. 1396 and 1798) : those of the magistri militum were 
 shields, on which were depicted or emblazoned the 
 symbols and emblems of the legions, cohorts, com- 
 panies, vexillationes, and other divisions of the troops 
 (ib. p. 1412). Those of the castrensis sacri palatii 
 ( 234) were tables set out with goblets and loaves 
 (ib. 1570); many other ranks had other insignia, such 
 as an abacus covered with a cloth, images of the em- 
 perors (see ib. 1389), figures of women symbolical of 
 the provinces under the government of any particular 
 magistrate (ib. p. 1621); or plans, effigies, of countries 
 and cities (ib. 1683. 1755) ; some, such as the orderly- 
 book of a square form, were common to all. 
 
 The insignia, together with an index of the different 
 ranks, provinces, troops, and other particulars, were 
 entered in registers known by the name of latercula, 
 one of which, the later culummajus (ib. 1578), in charge 
 of the primicerius notariorum, contained the names, 
 etc. of all the civil and military officers, (except the 
 limitanei who commanded on the frontiers); the 
 other, the lalerculum minus, in charge of the quaestor 
 (ib. 1518. 1689), contained the praefects, tribunes, and 
 the overseers of the boundaries of camps {prcepositi 
 castrorum limitum). Magistrates and officers received 
 their diplomas and letters-patent from the propositus 
 laterculi, together with their insignia of office ; hence 
 they were said to be appointed, emitti, from the great 
 or small register (ib. 1574. 1689. Cf. Lyd. 3, 4, 7). 
 Some, however, are to be excepted, who received their 
 diplomas from the scrinium epistolarum ( 235). 
 
 238. The military establishment comprised a great 
 variety of corps ; and we meet with many terms un- 
 known in the ancient military service, and several which, 
 though they might have been of ancient date, are first 
 read of in later ages ; such, for instance, as the troops 
 which the Notitia(p. 1412) places at the disposal of the 
 
264 ROMAN ANTIQUITIES. [chap. ii. 
 
 magister militum, viz. Vexillationes palatince (guards of 
 the palace) quinque : equites promoti seniores, comites 
 clibanarii ( 364), comites sagittarii juniores, comites 
 Taifali, equites Arcades; Vexillationes comitatenses 
 (the emperor's escort) septem: equites cataphractarii 
 Biturigenses, equites armigeri seniores Gallicani, equi- 
 tes quinto Dalmatce, equites nono Dalmatce, equites 
 primi scutarii, equites promoti juniores, equites primi 
 clibanarii Parthi; legiones Palatince sex: lancearii 
 seniores, Joviani juniores, Herculiani seniores, For- 
 tenses, Nervii, Mattiarii juniores ; auxilia Palatina 
 duodeviginti, among them Batavi seniores, braccati 
 juniores, Salii, defensores, felices Honoriani, etc. 
 Other instances are, the regiments, scholce, placed at 
 the disposal (sub dispositione) of the magister offici- 
 orum (ib. p. 1498): sc. scutariorum prima, sc. scutari- 
 orum secunda, sc. gentilium seniorum, sc. scutariorum 
 sagittariorum, sc. scutariorum clibanariorum, sc. ar- 
 maturarum juniorum. 
 
 239. The staff and body of clerks (officium), which, 
 I have already said, was attached to every officer and 
 magistrate of rank, was originally composed of the sol- 
 diers constituting the general's body-guard, and bor- 
 rowed in the civil service from the military service : to 
 the officium are to be referred the officiates, orderlies ; 
 cohors ( 225 and 247), cohortales, adparitores, ad- 
 paritio ( 217), litter ata militia tol^ls, Tajji&Tai, 
 etc. Lydus (III. 2, 3. 4, 22.) foolishly supposes the 
 cornicularii ( 375) to have been appointed in the very 
 infancy of the state. However, all ranks had not an 
 officium, nor had all the same establishment of clerks, 
 for that of the general (the staff) must have been very 
 different from that of the castrensis sacri palatii and 
 the comes largitionum. But the following list, composing 
 the office of a praefectus praetorio, (ib. p. 1339), which 
 was similar to those of the praesides (ib. p. 1364), includes 
 
sect. 240.] ROMAN ANTIQUITIES. 265 
 
 all mentioned in any office, qfficium, viz. princeps, cor- 
 nicularius, adjutor, (adjutant?), commentariensis, ab 
 actis, numerarii, subadjuvce, cura epistolarum, rege- 
 rendarius, exceptor es, adjutor es, singularii (cf. Lyd. 
 III. 7). 
 
 240. There were other officials, officiates, besides 
 those which I have here mentioned, particularly the 
 agentes in rebus 1 , in the department of the magistri 
 qfficiorum, attached to the administration of the public 
 posting (Pane. 1503. 1512. Cf. Lyd. II. 10. III. 40). In 
 the department of the prcefectus prcetorio there was 
 but one princeps and one cornicularius, (brigadier?), 
 etc. but several of other ranks, such as the subad- 
 juvce, etc.; Lydus 2 says there were two primiscrinii, 
 two commentarienses and two ab actis. 
 
 But the number of the excepti ( 235) was great ; 
 these were employed in writing from dictation or other- 
 wise, and from this their employment were distinguished 
 by the title of litter ati from other officials 3 , such as the 
 singulares, ducenarii, centenarii, who were not em- 
 ployed in writing : it is not surprising that both kinds 
 were employed in the offices of the prefecture ; the 
 principal duty of which department was the administra- 
 tion of justice ( 231). Some were employed on crimi- 
 nal and civil cases, some of which concerned the public 
 revenue ; others were employed in carrying out the 
 sentences passed 4 , and this constitutes a marked dis- 
 tinction between their employments. The adparitores 
 litterati, at least those of officers entitled illustres and 
 spectabiles f (cf. Pancir. p. 1365), obtained their appoint- 
 ment by diplomas (codicilli), on paying a fixed fee. 
 They were allowed to rise 5 through the different grades 
 up to that of cornicularius or of primiscrinius, for 
 which, I think, the Notitia employs a different term 6 : 
 and having discharged this office, and laid aside the 
 
266 ROMAN ANTIQUITIES. ["chab. ii. 
 
 belt of office, cingulo posito*, they at length enjoyed, 
 as the rewards of their long service 7 , considerable pri- 
 vileges and honours for the rest of their life 8 . 
 
 It would be impossible to describe briefly the several 
 duties of each department of the officia, and my obser- 
 vations on a subject altogether omitted or barely 
 glanced at by authors of more voluminous treatises on 
 Roman antiquities have already grown to such a length 
 as to preclude any further explanations. On some 
 points I think Lydus will prove a surer guide than Pan- 
 cirollus 9 or Gutherius 10 . 
 
 1) Cf. Symm. 2, 62. 2) Cf. Lyd. 3, 4. 3) Cf. Lyd. 3, 7, 
 
 who says they were called avyyovXapiot, because allowed but one 
 horse in travelling through the provinces. 4) Cf. Fuss. Ep. ad 
 
 Has. p. 32 and 41. 5) Cf. Lyd. 3, 2, 67. 6) Cf. Fuss. Epist. 
 p. 31. 7) Cf. Lyd. 3, 9. 8) Cf. Lyd. 3, 4. 25, 30. 9) Pan. 
 p. 1364. sqq. 10) De Officiis Domus Augustse, in Thes. Sal- 
 
 lengr. vol. 3. p. 285-624. 
 
 CONCERNING THE COLONIES. 
 
 241. Having now discussed all other matters relating 
 to the state and administration of public affairs, it re- 
 mains for me to treat of the colonies and provinces ; but 
 having already ( 119) noticed the division of the former 
 into Roman, Latin, and Italian colonies, and the pe- 
 culiar rights and government of each, their origin, use- 
 fulness, and the customs incident on founding them 
 must now be considered. 
 
 From the very infancy of the state the Romans fol- 
 lowed the example of other nations in seizing on part or 
 the whole of the lands of conquered enemies ( 252) 1 . 
 Thus, when at first the neighbouring nations and after- 
 wards the more remote had been subdued, settlers were 
 sent from Rome into the lands taken from them, either 
 
 * It appears from Justinian, Cod. Lib. XII. Tit. 30, 2. that upon 
 superannuation they retained the cingulum as a badge of distinction. 
 
 Note by Translator. 
 
sect. 242.3 ROMAN ANTIQUITIES. 267 
 
 to inhabit a conquered a city in conjunction with the 
 conquered, or to build a new 2 ; whence a twofold ad- 
 vantage of great importance accrued to the state ( 114). 
 For by disseminating its citizens among conquered 
 nations, or mingling both in the same city, the van- 
 quished were deterred from rebelling 3 , and Rome itself 
 was relieved from the dangerous surplus of its poorer 
 classes 4 . 
 
 1) Cf. Liv. 2, 41. 2) Cf. Veil. 1. 14. 3) Cic. Agr. 2, 27 : 
 " Colonias sic idoneis in locis contra suspicionem periculi colloca- 
 runt, ut esse non oppida Italise, sed propugnacula imperii videan- 
 tur. 4) Cf. Beauf. v. 2. p. 236. 
 
 242. We find the following customs, besides others, 
 observed in sending out and settling colonists. When, 
 with the consent of the people, or even by the sole au- 
 thority of the senate, as some writers say 1 , it was 
 thought fit to send out a colony, a law was passed, de- 
 termining how many and what emigrants should be 
 sent, and to what place ( 119). Those who were to 
 go fixed on a name for the intended settlement, but if 
 their numbers were greater than that appointed by the 
 law, those who were to go were selected by drawing 
 lots. 
 
 These preliminaries having been performed, com- 
 missioners, triumviri, etc. ( 216) were appointed at the 
 comitia tributa, and under their guidance, the auspices 
 having been taken, and the emigrants having undergone 
 lustration ( 332), they proceeded under a military 
 standard to the appointed place 2 . There the auspices 
 were again taken, a sacrifice celebrated, and the lands 
 to be apportioned to the settlers and the site of the 
 town, if one was to be built, were marked out by a 
 ploughshare ( 40) : hence the figures of an ox or a 
 plough on the coins of colonies. 
 
 The military colonies were of another kind; the set- 
 tlers in these were generally veteran soldiers located on 
 
268 ROMAN ANTIQUITIES. [chap. ii. 
 
 lands taken from the enemy, and at first even from Ro- 
 man citizens, and bestowed 3 on them at the conclusion 
 of their service, as a reward for fidelity to their leader. 
 This practice, so pernicious to the state, was introduced 
 by Sylla ; his example was followed by J. Caesar, Au- 
 gustus, and others. In later times such colonies served 
 to occupy depopulated tracts 4 . 
 
 1) Cf. Beauf. p. 237. 2) Cf. Cic. de Divin. 1, 45 ; Agrar. 2, 
 12,52; Phil. 2, 40. On military colonies, see Tac. Ann. 14,27. 
 3) Cic. Cat. 2, 9 : " Hi sunt homines ex iis coloniis, quas Foesulis 
 Sylla constituit, qui se insperatis repentinisque pecuniis sumtuosius 
 insolentiusque jactarunt. Hi dum sedificant tanquam beati ; dum 
 praediis, lecticis, familiis magnis, conviviis apparatis delectantur, in 
 tantum aes alienum inciderunt, ut, si salvi esse velint, Sylla sit iis ab 
 inferis excitandus." Luc. 1, 333 : * Quae sedes erit emeritis ? Quae 
 rura dabuntur ?" On the practice under the Emperors, see Tac. 
 Ann. 14. 31. 4) Cf. Tac. Ann. 14, 27. 
 
 CONCERNING THE PROVINCES AND THEIR 
 GOVERNMENT^ 
 
 243. Some derive the word provincia from provin- 
 cere, others from provider e. At first it was applied to 
 the management of any war in Italy, and to the coun- 
 try in which the war was carried on ; the term is also 
 applied to any employment, but whether this is its pri- 
 mitive meaning, or a metaphorical application of the 
 term, is uncertain. In later times it was applied, in ac- 
 cordance with its early meaning, to countries, particu- 
 larly those beyond Italy, which were governed by ma- 
 gistrates sent from Rome, in the name of the Roman 
 people \ 
 
 For when a country had been brought in subjection 
 to the Romans, the senate was accustomed to send five 
 or ten commissioners 2 to draw up, in concert with the 
 general commanding in the country, a plan for its future 
 administration ; hence forma, formula provincice, in 
 formam provincice redigere 3 . This plan was not the 
 
sect. 244.] ROMAN ANTIQUITIES. 269 
 
 same for all countries, but was modified so as to suit the 
 peculiar state of the conquered country : it was more 
 favourable to some than to others, according to the will 
 of the conquerors or the deserts of the vanquished 4 . 
 We read of the provincia Ostiensis, sc. aquaria, Calena, 
 Calabria, Umbria 5 , in Italy itself, and these were called 
 qucestorice, because a qucestor presided over the levying 
 of taxes in each ( 211), but the word provincia is ap- 
 plied to them in another sense. The provinces of the 
 Roman empire are enumerated in a former part of this 
 work ( 8 37) ; there is a remarkable passage in Vel- 
 leius on their increasing magnitude 6 ; Augustus had 
 drawn up in one volume an account of their resources 
 and wants, their forces, fleets, tributes and taxes, in 
 fact an account of the empire, which is mentioned by 
 Tacitus, and called by Suetonius, rationarium et brevi- 
 arium imperii?. The last book of the history of Ap- 
 pian might have supplied the lamented loss of this 
 work, as the preface ( 15) indicates that it contained 
 something similar ; but it has also perished. 
 
 1) Cf. Fest. in provincia Isid. Orig. 14, 5. 2) Cf. 251 ; 
 
 Cic. Verr. 2, 13, and ad Att. 13, 6. 3) Cf. Veil. 2, 38. 4^ Cf. 
 Hein. Synt. App. 100. 5) Cf. Suet. Claud. 24 ; Cic. in Vatin. 5. 
 
 6) Veil. 2, 38, sqq. ; cf. Polyb. 3, 1. 6, 1 ; Appian. praef. 1-6. 
 
 7) Tac. Ann. 1,11; Suet. Aug. 28, et extr. ; cf. Dio Cass. 56, 33. 
 
 244. Originally praetors were elected annually for 
 governing the provinces, the first of which were Sar- 
 dinia, Sicily, and then three provinces of Spain 1 . One 
 was appointed to each, and one or more were continued 
 in their respective governments when there was a scar- 
 city of successors ( 190). When permanent courts of 
 justice had been instituted, circ. A. U. C. 605, it was 
 agreed that after praetors had discharged the duties of 
 these at Rome, they should be sent into the provinces 2 , 
 in which they were styled sometimes praetors, some- 
 times propraetors 3 . "Whether the praetor differed from 
 
270 ROMAN ANTIQUITIES. [chap. ii. 
 
 the propraetor, Creuzer ( 176) and many before him 
 have inquired. Not long after (A. U. C. 631) the Lex 
 Sempronia for the distribution of the provinces, pro- 
 vided, that before the election of praetors and consuls, 
 provinces were to be reserved for both, which they dis- 
 tributed among themselves by lot or by agreement ; 
 the consuls after their year of office, the praetors after 
 discharging their duties at Rome, as before 4 . Towards 
 the close of the republic, consuls, after holding their 
 office for a year, stationary at Rome, proceeded into the 
 provinces under the title of proconsuls ; although the 
 proconsulate of Cicero is a proof that this was not the 
 case with all, and inclines us to believe that it depended 
 on the state of affairs, not on any fixed law. Besides, 
 we must remember the great discrepancy between an- 
 cient writers concerning the titles of governors of pro- 
 vinces and the manner of appointing them, either in 
 pursuance of custom or by law 6 ; so that it is easier to 
 say what was done usually than what law was acted 
 on in such cases 6 . Provinces were styled consular es 
 or prcetorice, from the rank of the governors appointed 
 to them ; the power of all governors was the same, but 
 those were allotted to consuls generally, the administra- 
 tion of which offered a wider field for acquiring mili- 
 tary or other glory 7 . 
 
 1) See Liv. 27, 36. 28, 12. 34, 55 ; Veil. 2, 38. 2) Cf. Bach. 
 
 Hist. Jur. R. 2, 1, 4. 3) Cf. Cic. de Divin. 2, 36 ; de Prov. Cons. 
 7 ; Tac. Ann. 2, 66. 4) Cf. Cic. pro Domo. 9. 5) Cf. Cic. 
 de L. A. in senatu 8; de Prov. Consul. 2 ; Caes. de B. C. 1, 6, 
 " provincise privatis decernuntur, duae consulares, reliquae prsetoriae." 
 6) See Wieland., Cicero's Briefe, v. 1 . p. 255. (ad Epist. ad 
 Div. 5, 5.) and vol. 3. p. 24. sqq. 7) Cf. Beauf. vol. 2. p. 339. 
 
 24-5. Dionysius dates the origin of proconsuls, A.U.C. 
 275 ; Livy, either in the year 291 or 428; provided, in 
 translating him, we avoid any doubts about the word he 
 uses, and merely consider the meaning and usual accept- 
 ance of the terms. I have just now mentioned the ori- 
 
sect. 246.] ROMAN ANTIQUITIES. 271 
 
 gin of propraetors. By these terms were understood 
 those officers who in the provinces acted as substitutes 
 for consuls and praetors : and as the office of these ma- 
 gistrates was both military and civil, so were there dis- 
 tinct kinds of propraetors and proconsuls, such as those 
 who remained in the provinces after the expiration of 
 the year of their consulship, receiving a prolongation 
 of their office, the earliest mention of which in Livy 
 occurs lib. 8, 23 2 ; others, such as Scipio Africanus 3 , 
 who, having discharged the duties of an inferior office, 
 were promoted to the command of armies with the title 
 of proconsul, or were raised to it from a private station, 
 or during their discharge of an inferior office, received 
 a continuance of authority, and were honoured with the 
 title. Both these methods apply to the propraetors 4 . 
 Those also were styled proconsuls and propraetors, who 
 having discharged the duties of the consulship or prae- 
 torship at Rome, were appointed to provinces ( 244). 
 Finally, those magistrates termed proconsuls under the 
 Caesars, on being sent to govern provinces, to which the 
 senate had the right of nominating (provincice sena- 
 torice), were distinct from the proconsuls before men- 
 tioned, and the proconsulships of the emperors them- 
 selves are not to be confounded with any of them. 
 Moreover, since the idea of civil power must always 
 be included in the idea of a magistrate ( 183), it follows 
 that the question raised by the ancients as to whether 
 proconsuls and propraetors were really magistrates, 
 must be decided by classing among magistrates all pro- 
 consuls except those who held military offices only, 
 being appointed to the command of armies 5 . 
 
 1) Dionys. lib. 9. p. 574 ; Liv. 3, 4. 8, 23. 2) Circa a 428; 
 cf. 45, 17. 3) Liv. 26, 18. 4) Cf. Beauf. vol. 2, p. 338. 5) Cf. 
 Beauf. vol. 2. p. 340. 
 
 246. The senate, whose will appointed the limits 
 and the number of provinces and almost everything 
 
272 ROMAN ANTIQUITIES. [chap. it. 
 
 connected with them, appointed also what provinces 
 the praetors and what the consuls might divide among 
 themselves l , reserving merely to themselves, in accord- 
 ance with the ancient custom of the city, a control of 
 the actions of such governors, and to the people the 
 approval or nomination of them. Therefore recourse 
 was had to the comitia so often as an individual was 
 appointed extraordinarily to an office, or the office of a 
 person was continued to him on his appointment to a 
 province 2 ; in fact, whenever they wished to do any 
 thing contrary to law or to common custom, or to dis- 
 pense with the law ( 184) 3 . Yet the senate had been 
 accustomed to arrogate even this right to itself, often 
 in opposition to the remonstrances of the tribunes of 
 the people, until at length the affair was referred to the 
 votes of the tribes. The magistrates of the provinces 
 were elected by this method ( 169), except the consuls 
 and praetors, who were elected at the comitia centu- 
 riata, and by virtue of their office governed provinces. 
 Power was given equally to all by the lex curiata 
 ( 155). After the curiae had passed their law on the 
 subject, the senate, by a decree, fixed the number of 
 troops, the suite, number of aides-de-camp, legati, and 
 the expense allowed the governor to support his dig- 
 nity and that of the state ; his horses, carriages, tents, 
 and other paraphernalia, for the purpose ornandce pro- 
 vincice (of giving eclat to his government) were pro- 
 vided by contract 5 . Some things were provided for 
 him on his journey by public expense, but not, I think, 
 at the expense of the public treasury 6 . 
 
 1) Cf. Polyb. 6, 15 ; Liv. 28, 45. 2) Cf. Liv. 26, 18. 3) Cf. 
 Liv. 28, 40 and 45 ; Sail. Jug. 73 and 84, v. 69 and 81 . 4) Cf. 
 
 Cic. ad Att. 3, 24 : " Neque enim unquam arbitror ornatas esse 
 provincias designatorum.." Cf. vasarium ap. Cic. in Pis. 35. 
 5) Cf.Liv. 30, 17.42, 1 ; Suet. Caes. 18; Aug. 36; Cic. Verr. 4,5; 
 Gell. 15, 4. 6) Cf. Hor. Sat. 1. 4, 45 : " Proxima Campano ponti 
 quae villula, tectum praebuit, et parochi quae debent ligna salemque." 
 See the note of Heind., and Burm. de Vectig. pop. Rom. c. 6. p. 93. 
 
sect. 247.] ROMAN ANTIQUITIES. 273 
 
 247. In the suite of the governor was the quaestor, 
 chosen by the people, and holding his authority from 
 their appointment; likewise legati, aides-de-camp, 
 chosen by the governor 1 with the approbation of the 
 senate, in number in proportion to the extent of the 
 province or the urgency of the war ; they held office at 
 the discretion of the governor 2 , and generally were 
 men of the greatest respectability and highly honoured 
 in the province, they even enjoyed the honour of having 
 lictors 3 . Distinct from these were the legati, who 
 bore this title by permission of the senate, and enjoyed 
 its honours and emoluments without discharging its 
 duties, and were therefore burdensome to provinces 4 . 
 Such an office was called legatio libera, and also votiva, 
 from its being undertaken, or supposed to be under- 
 taken, for the purpose of discharging some vow in the 
 province 5 . 
 
 The tribuni, commanders of the legionary cohorts 
 ( 366), were chosen from the legati of the highest 
 rank ; they were held in high honour 6 , and were selected 
 partly by the people 7 , partly by the governor, who also 
 had the sole nomination of the subaltern officers of 
 the infantry and cavalry of the legion, and the prin- 
 cipal commanders of the auxiliary troops. The pre- 
 fects 8 were also among the honourable portion of his 
 retinue ; secretaries, interpreters, aruspices, heralds, 
 lictors, and a numerous train of attendants also of 
 inferior rank accompanied him 9 . Very different from 
 these were the usual associates of the governor, men 
 admitted to his private councils and assisting him in 
 his administration, or else allied by connexion ; and 
 noble youths who attended him for the purpose of stu- 
 dying the art of war and management of affairs ; such 
 persons composed what was usually called the cohors 
 prcetoria 10 . Concerning women who were forbidden, 
 
 T 
 
274 ROMAN ANTIQUITIES. [chap. ii. 
 
 under the Republic to form part of the retinue, see Tac. 
 3, 33 and 34; Juven. Sat. 8, 128 ; Lampr. Alex. 42. 
 
 1) Cf.Liv.30,33 ; Cic. pro L. M. 19; ad Att. 6, 6; Phil. 2, 20; 
 Nep. Att. 6. 2) Cf. Caes. B. C.2, 17. 3, 31. 3) Cf. Dionys. 
 
 1, 11. p. 706; Liv. 29, 9. 4) Cf. Cic. Agr. 1, 3. 2, 17; de Legg. 
 3, 8. 5) Cf. Cic. ad Att. 15, 11 and 4, 2. The lex Julia is consi- 
 dered to have had reference to these nominal legations. See Bach. 
 
 2, 2, 92. 6) Cf. Cic. ad Att. 5, 21. 7) From about 391 ; cf. 
 Liv. 7,5. 9, 30. 8) Cf. Cic. Verr. 2, 10 ; Nep. Att. 6 : " Mul- 
 torum consulum praetorumque praefecturas delatas sic accepit, ut 
 neminem in provinciam sit secutus, honore fuerit contentus." 
 9) Cf. Cic. Verr. 2, 10, 11, ad Q. fratr. 1, 1. 10) Cf. Horat; 
 Ep. 1, 8, 2 ; Sat. 1, 7, 23 ; Cic. ad Att. 7, 2. 
 
 248. A magistrate about to proceed to his allotted 
 government informed his predecessor of it, unless on 
 bad terms with him, and at the same time requested 
 his advice, and particularly leave to wait on him on his 
 road to the province or when arrived there, in order 
 that they might mutually communicate things of im- 
 portance to either. And we can well understand that 
 the extensive power of governors gave them the means 
 of being of essential service to one another, especially 
 to their successors when handing over the province to 
 them ; but frequently they were far from being obliging 
 towards their successors 1 . 
 
 The magistrate on the day of his departure, being 
 accompanied by his friends and relatives, by the first 
 men of the state, and by the people, proceeded to the 
 capitol, and having there sacrificed to Jupiter, departed 
 from the city with the same procession, preceded by 
 licotrs 2 , and clad in military uniform, paludatus. Hav- 
 ing once left the city he could not re-enter it until he had 
 laid down his power : therefore if anything remained 
 to be transacted in the city, he waited in a suburb un- 
 til all was completed 3 . Under the Caesars the route 
 of a governor proceeding to his government was 
 strictly marked out, and even during the Republic 
 
sect. 249.] ROMAN ANTIQUITIES. 275 
 
 it was not left entirely to his discretion 4 . If he pro- 
 ceeded by sea, government or allied states furnished 
 ships 5 . On his arrival in some chief city of his pro- 
 vince he was received by an assembly of the principal 
 men, commissioned by different districts to welcome 
 him. 
 
 1) Cf. Val. Max. 9, 3, 7 ; Cic. ad Div. 3, 7. 2) Cf. 42, 49. 
 
 45, 39 ; Cic. Verr. 5, 13 ; Caes. de B. C. 1, 6 ; Varro de L. L. 1. 6. 
 p. 72. 3) Cf. Ascon. Ped.in Verr. 2, 6. 4) Cf. Cic. in Vat. 5. 
 5) Cf. Cic. ad Att. 5, 13. 6,8 ; Verr. 5, 19. 
 
 249. A governor united both civil and military 
 powers, and in the administration of both employed as 
 deputies and assistants his legati , who, besides com- 
 manding the troops, executed, according to his direc- 
 tions, what he could not himself perform. Moreover, 
 as the praetors at Rome did, when entering on office, 
 ( 191), so did he, either on his arrival or when on the 
 road, publish a manifesto of the course of administra- 
 tion which he intended pursuing : for the administration 
 of justice was the peculiar duty of the governor, and 
 this he attended to in the principal towns, for a pro- 
 vince was divided into districts, all under the same juris- 
 diction. In these towns he administered justice and 
 settled all other matters; hence his arrival in any 
 town occasonied a concourse of people, and the towns 
 were called conventus 1 , a\so jurisdictio 2 or Jorum, from 
 the assizes held at them : hence the expressions con- 
 ventum, forum, indicere, agere 3 , to fix and hold assizes. 
 And if a war was in hand as usually happened on the 
 verge of the territories of the empire, the summer 
 was devoted to it, and the winter to the civil busi- 
 
 ness 
 
 All that concerned the public revenue was admi- 
 nistered, not by the governor but by his quaestor 
 ( 213) ; the latter also provided pay and provisions for 
 the army, and enjoyed greater powers than the city 
 
 t2 
 
276 ROMAN ANTIQUITIES. [chap. ii. 
 
 quaestors, being allowed lictors, and some suppose even 
 a curule chair 6 : he was, besides, responsible for the dis- 
 charge of his duties rather to the government than to 
 the governor, and circumstances usually compelled him 
 to be on terms of the closest intimacy with the latter 6 . 
 If he died during his holding office the governor him- 
 self appointed a successor to him, called proqucestor ; 
 and if his own successor was prevented from relieving 
 him at the appointed time, he left his administration in 
 the charge of a vice-quaestor ( 213). Under the quae- 
 stor were many inferior officers, adparitores, and nume- 
 rous secretaries. 
 
 1) Cf. Juven. 8, 129. 2) Cf. Plin. H. N. 3, 1. 5, 28. 3) Cf. 
 Cic. ad Att. 5, 21 ; Verr. 5, 11; Cees. de B. G. 1, 54. 6, 44. 
 4) Beaufort, v. 2. p. 336. sqq. has given a learned account of the 
 duties of a governor of a province, setting forth Cicero's upright and 
 wise administration of his province, as it is to be gathered from his 
 Epistles. 5) Cf. Beauf. v. 2. p. 349. 6) Cf. Cic. Verr. 1, 15 ; 
 Divin. 18. 
 
 250. The law forbade the governor from passing the 
 limits of his province during his continuance in office 
 unless by permission of the senate or people 1 : a year 
 having elapsed, he was bound to leave the province 
 within thirty days, unless, as frequently happened, he 
 received a prolongation of office ; on his departure he 
 left copies of the account of his administration of affairs, 
 in two cities, a third copy was deposited in the treasury 
 at Rome 8 . Not only was an account required of him, 
 but also sometimes from the legati, and from any of the 
 inferior officers on whom suspicion rested 3 . Examples 
 of governors whose administration was distinguished by 
 clemency and moderation were rare, and hence such 
 governors were honoured by the affection of their sub- 
 jects, and by far-fetched honours, even divine, such as 
 altars, temples, and feast-days kept to their memory ; 
 hence the festa Marcellea, Mucia*: sometimes ambas- 
 sadors were sent to Rome to express their satisfaction at 
 
sect. 251.] ROMAN ANTIQUITIES. 277 
 
 his administration. However, this, the natural act of real 
 gratitude to the good, became afterwards a compulsory 
 flattery exacted by the worst 6 . If a war had been 
 successfully carried on by a governor, and a striking 
 victory reported at Rome, a public thanksgiving ( 831) 
 was usually decreed : on his return to Rome a triumph 
 was the highest honour that could await him ; and for 
 the purpose of adding to its splendour, crowns of gold 
 were usually presented to the governor by the province ; 
 whence aurum coronarium & . This contribution was 
 commuted for a regular tax under the Caesars?. 
 
 Governors received no salaries 8 , being considered as 
 magistrates ; however they were abundantly provided 
 at the public expense with all things requisite for their 
 journey 9 , and received from the province a contribu- 
 tion of corn, called honorarium 10 , or an equivalent in 
 money n ; means of increasing their incomes lawfully 
 were never wanting, as Cicero's administration of Cilicia, 
 remarkable for its moderation and integrity, abundantly 
 proves 12 . The arbitrary incomes exacted by those who 
 were considered as only moderately exorbitant, were 
 
 1) Cf. Cic. in Pis. 21. 2) Cf. Cic. ad Fam. 5, 20 j in Pis. 
 
 25. See Bach. Hist. Jurispr. Rom. 1. 2. c. 2. 84. 3) Cf. Liv. 
 
 38, 45. 4) Cic. Verr. 2, 21 and 63 ; ad Att. 5, 21 ; Val. Max. 
 
 8, 15, 6. 5) Cf. Cic. Verr. 2, 21 ; Fam. 3, 7. 9, 8, 6. 6) See 
 
 Pit. ii 
 
 Cic. Agr. 2, 4 ; in Pis. 37. 7) Cf. Dio Cass. 51, 21. See Pit. in 
 aurum coronarium. 8) Cf. Hegew. Rcem. Finanz. p. 16. sq. 
 
 9) Cf. Dionys. Excerpt. Legatt. p. 746. 10) Cf. Cic. in. Pis. 35. 
 11) Cf. Beauf. vol. 1. p. 428 ; vol. 2. p. 381. 12) Cf. Beauf. 
 
 vol. 2. p. 363. 13) Cf. 254 ; Cic. Verr. 5, 48. 
 
 251. As the condition of one province was preferable 
 to that of another, from the nature of the laws imposed 
 on either by the conquerors, or the rights left unim- 
 paired to them, so the condition of some portions of 
 their inhabitants was more advantageous than that of 
 other portions, as the colonies contained cities to 
 which the privileges of freedom or alliance with Rome 
 had been granted, and under the Caesars they contained 
 
278 ROMAN ANTIQUITIES. [chap. ii. 
 
 Roman colonies and corporate towns, municipia. The 
 municipes were Roman citizens, and other inhabitants 
 enjoyed civil rights which distinguished them from 
 the other classes ( 115, &c). Besides the municipes, 
 other citizens of Rome dwelt in numbers in the provinces, 
 even during the Republic ; many for the sake of their 
 affairs, or for practising usury, and who frequently en- 
 riched themselves by becoming public creditors of large 
 cities ; besides numerous tax-gatherers, publicani, far- 
 mers of the taxes and holders of public lands : these 
 were principally knights ( 137) ; under them also was a 
 numerous host of inferior clerks. All such, by abusing 
 the privileges of Roman citizenship, became pernicious 
 to the province if the governor overlooked their exac- 
 tions, and dangerous enemies to himself if he strictly 
 restrained it, on account of the influence of the eques- 
 trian order in the state 3 : he had no authority but thet 
 of all magistrates over Roman citizens, except over those 
 who served in his army, and thus were subject to mili- 
 tary discipline. 
 
 Similarly, cities in the enjoyment of privileges such 
 as we have already mentioned, were in many cases 
 exempted from obedience to the authority of the gover- 
 nor ; any other inhabitants of the province were 
 governed by him in accordance with the laws imposed 
 on them when conquered ( 243), and whatever other 
 laws might afterwards be enacted for the government 
 of all the provinces or of any one in particular 4 . In ad- 
 dition to such laws, an edict defined what particulars in 
 the administration of justice were left to the will and 
 impartial justice of the governor, and therefore might 
 be differently ordered by different governors 5 : this, 
 however, which should have been observed during the 
 whole year of administration, was frequently disregarded 
 by dishonest governors, as the edicts of the praetors at 
 Rome sometimes were ( 193): and hence by the disre-? 
 
sect. 252.] ROMAN ANTIQUITIES.. 279 
 
 gard of edicts and laws evinced by some governors, 
 provinces which nominally enjoyed a lighter form of 
 government, were in reality as much oppressed as those 
 whose conditions of subjection were most severe. 
 
 1) See Dirksen Vers, zur Krit. und Ausleg. p. 144. sqq. 
 2) Cic. Verr. 3, 6. 3) Cf. Veil. 2, 13 ; Liv. Ep. 1. 70. 4) There 
 is a memorable passage in Cic. Verr. 2, 13, on this subject, in which 
 we find explained, as follows, the laws imposed on the Sicilians after 
 their subjection by Marcellus, and the alterations made by P. Ru- 
 pilius in the government of that province, for the regulation of trials 
 among them, and also on account of their privileges in that 
 respect : " Siculi hoc jure sunt, ut, quod civis cum cive agat, 
 domi certet suis legibus, quod Siculus cum Siculo non ejusdem civi- 
 tatis, ut de eo praetor judices ex P. Rupilii decreto, quod is de decern 
 legatorum sententia statuit, quam legem illi Rupiliam vocant, sor- 
 tiatur ; quod privatus a populo petit, aut populus a privato, senatus 
 ex aliqua (alia?) civitate, qui judicet, datur, quum alternae civitates 
 rejectae sunt ; quod civis Romanus a Siculo petit, Siculus judex 
 datur; quod Siculus a cive Romano, civis Romanus datur. Castera- 
 rum rerum selecti judices civium Romanorum ex conventu proponi 
 solent. Inter aratores et decumanos lege frumentaria, quam Hiero- 
 nicam adpellant, judicia fiunt." Concerning these same Sicilians, 
 in respect of their agri vectigales, see $252 ; Cic. Verr. 3, 6. 
 5) Cf. Cic. ad Att. 6 ; Fam. 3, 8. 
 
 252. The tribute paid by different provinces varied in 
 severity as the laws imposed on them did ; on some it 
 fell lighter, on others more onerously. Some contri- 
 butions, as, for instance, the vectigal agrorum ( 393), 
 differed from the tribute : the nature of the vectigal 
 agrorum was this; as I have already said, it was 
 customary for the Romans to forfeit all or a part of the 
 lands of the conquered ( 241), from the earliest times ; 
 this practice was constantly enforced ; and thus a large 
 portion of the lands of Italy, for instance the whole 
 ager Campanus 1 , became the property of the Roman 
 people ; and a still greater portion of the provinces, 
 comprehending, besides the landed property taken from 
 individuals, the lands belonging to towns and the 
 private landed property of the kings of conquered 
 states. These confiscated lands were differently dis- 
 posed of. At first a part of them was granted, as some 
 
280 ROMAN ANTIQUITIES. [chap. ii. 
 
 suppose, to the patricians 3 , a part to the lower orders 
 for the purpose of alleviating their distress, or as a re- 
 ward of victory granted to them at a small price, or as 
 a gift ; whence arose colonies in the more remote dis- 
 tricts ( 241) : another portion was reserved for the 
 state, and this practice was observed with the lands of 
 provinces, though in a different degree in different 
 cases. 
 
 I cannot certainly say whether the publicani actually 
 took the leases of this land so forfeited to the state 4 , 
 or whether they merely farmed the taxes on it, as it is 
 evident they did in the case of other lands 6 ; however, 
 I believe they did both 6 . This land, then, was thus dis- 
 posed of; a portion of it was restored to its owners 7 , 
 still paying the tax formerly levied on it, generally a 
 tenth of the produce : another portion was sold, under 
 the condition of paying a perpetual fixed tax, in order 
 to meet the wants of the treasury ; and another portion 
 divided among the poorer citizens, or settled by colo- 
 nies of veteran soldiers and others 8 . These three 
 kinds of lands, which are confounded with one another 
 by later writers, were thus named : those of the first 
 kind, ager publicus ; those of the second description, 
 perhaps most correctly, ager decumanus; those of the 
 third, ager vectigalis, 
 
 1) Cf. Cic. Agr. 2, 31 ; ad Att. 2, 16 ; Veil. 2, 45 ; Hegewisch 
 Roem. Finanz. p. 67. 2) Cf. Cic. Agr. 1, 2. 2, 19 and 30. 
 
 3) Did they or did they not enjoy only the usus of it? Cf. Nieb. 
 v. 2. p. 363. 4) Cf. Nieb. v. 2. p. 351-2. 5) Cf. Cic. ad Att. 
 I, 17. 6) Cf. Nieb. v. 2. p. 353. sqq. 7) Cf. App. B. C. 1, 7. 
 See a passage much to the purpose in Cic. Verr. 3, 6 : " Inter Siciliam 
 caeterasque provincias, judices, in agrorum vectigalium ratione hoc 
 interest, quod caeteris aut impositum vectigal est certum, quod stipen- 
 diarium dicitur, ut Hispanis et plerisque Poenorum, quasi victoriae 
 praemium ac poena belli ; aut censoria locatio ( 393) constituta, ut 
 Asiae lege Sempronia. Siciliaecivitatessicin amicitiamfidemquerece- 
 pimus, ut eodem jure essent, quo fuissent, eadem conditione populo 
 Komano parerent, qua suis antea paruissent. Perpaucae Siciliae civi- 
 tates sunt bello amajoribus nostris subactae : quarum ager quum esset 
 publicus factus (cf. Verr. 5, 21, qui publicos agros arant, certum 
 
sect. 254.] ROMAN ANTIQUITIES. 281 
 
 est, quid ex lege censoria dare debeant.) tamen illis est redditus. 
 Is ager a censoribus locari solet. Foederatae civitates duae sunt, 
 quarum decumae venire non soleant, Mamertina et Taurominitana, 
 quinque praeterea sine fcedere immunes civitates ac liberae, Centuri- 
 pina, Halesina, Segestana, Halicyensis, Panormitana : praeterea 
 omnis ager Siciliae civitatum decumanus est ; itemque ante imperium 
 populi Romani ipsorum Siculorum voluntate et institutis fuit, etc." 
 Cf. also Verr. 5, 21. 8) To this head are to be referred the agri 
 decumates of the age of the Caesars (cf. Tac. Germ. 29.) and the 
 passage of Paul. D. 21 2, 11. Cf. Mascou Gesch. d. Teutsch. 4, 9. 
 
 253, Another kind of tax was that levied on goods 
 in harbour, either imported or exported, called porto- 
 rium, being the hundredth part of their value, paid in 
 the provinces even by Roman citizens 1 , but abolished 
 in Italy A. U. C. 693 ( 390). This tax was in itself 
 trivial, but was rendered burdensome by the fraudulent 
 practices of the publicani 2 . In addition to taxes, it is 
 most certain that a tribute was levied on the inhabi- 
 tants of provinces, and it was different in different pro- 
 vinces, (we are speaking now of the state of things un- 
 der the Republic, not under the Caesars), but it is im- 
 possible to say how it varied, and whether it was levied 
 on property or was a poll tax on individuals also 3 . 
 That species of tribute also which by law was ap- 
 pointed to be paid to the governor and to his court, 
 was moderate, but very liable to be rendered burden- 
 some : I shall make the following remarks on these im- 
 posts. 
 
 1) Cf. Cic. Verr. 2, 74. 2) Cf. Cic. ad Q. Fratr. 1, 1, 11. 
 
 3) Cf. Beauf. vol. 2. p. 333 : Cic. Verr. 3, 6. 
 
 254. With the exception of a few provinces severely 
 dealt with, their condition in general seems to have been 
 tolerably easy, and preferable to their state before 
 subjection, when we consider the nature of their admi- 
 nistration and the tribute imposed on them 1 . But the 
 impunity of guilt so easily purchased from Rome in her 
 corrupt state, and the excessive powers granted to go- 
 vernors, rendered them tyrants, and their provinces the 
 abodes of misery 2 . Few of them were moderate and 
 
ROMAN ANTIQUITIES. [chap. 11. 
 
 bearable ; so very few good, that such were honoured, 
 as if sent from heaven ( 250), by the inhabitants : and 
 we must own that the difficulty of screening the inha- 
 bitants from the rapacity and haughtiness of the Ro- 
 man citizens rendered a good governor highly estima- 
 ble and honourable 3 . Cicero is an instance of an 
 excellent governor ; Verres, whose conduct his speeches 
 make known to us, with others, notorious for their ra- 
 pacity, cruelty, and crimes, as Piso and Dolabella, are 
 examples of bad ones 4 : and many circumstances lead 
 us to believe that the most part differed little in con- 
 duct and wickedness from them 5 . For we find that 
 what has been laid to their charge was commonly prac- 
 tised by all, as for instance, administering the law reck- 
 lessly without regard to the edict 6 , involving the rich 
 in dangers, selling the life of the innocent man to his 
 enemy, disregarding the privileges of allied towns, and 
 numberless other practices of the kind : for, the law 
 being once laid aside, no barrier to guilt, but the will 
 of the governor remained. 
 
 1) Cf. 252 ; Cic. Verr. 3, 6. 2) Cf. Tac. Ann. 1, 2 : " Neque 
 provinciae ilium rerum statum abnuebant, suspecto senatus popu- 
 lique imperio, ob certamina potentium, et avaritiam magistratuum, 
 invalido legum auxilio, quae vi, ambitu, postremo pecunia turbaban- 
 tur." 3) Cf. Cic. ad Att. 1, 15 and 17., likewise ad Q. Fratr. 1, J, 
 
 11:" Atque hie tuae voluntati ac diligentiae difficultatem magnam 
 adferunt publicani ; quibus si adversamur, ordinem de nobis optime 
 meritum, et per nos cum republica conjunctum, et a nobis et a re- 
 publica dijungemus ; sin autem omnibus in rebus obsequemur, fun- 
 ditus eos perire patiemur, quorum non modo saluti, sed etiam com- 
 modis consulere debemus." 4) Cf. Juven. Sat. 8, 98, sqq. 5) Cf. 
 Sail. Jug. 36 ; Cic. Verr. 2, 32. 5, 48 : " Quo confugient socii, quem 
 implorabunt si vos eos deseritis ? Ad senatum devenient, qui de 
 Verre supplicium sumat? Non est usitatum, non senatorium. Ad 
 populum Romanum confugient ? Facilis est causa populi. Leges 
 enim sociorum causa jussisse, et vos ei legi custodes ac vindices 
 praeposuisse, dicet non aurum, non vestem, non mancipia repetunt, 
 non ornamenta, quae ex urbibus fanisque erepta sunt. Metuunt ho- 
 mines imperiti, ne jam haec populus Romanus concedat, etc. 6) Cf. 
 Cic. ad Att. 6, 1 ; ad Div. 3, 8. 
 
 255. Hence they frequently imposed extraordinary 
 
sect. 255.] ROMAN ANTIQUITIES. 
 
 taxes, without the authority of the senate, and for some 
 feigned urgent cause, appropriating, in the end, the 
 amount to themselves * ; and compelling the inhabitants 
 to pay in money the value of the corn to which they 
 and their suite were legally entitled ; and even fixing 
 their own price on it, regardless of the decree of the 
 senate on the subject 2 . The same dishonest peculation 
 was prevalent with regard to such things as according 
 to treaty, the province was bound to furnish for the use 
 of the state, either revenue, troops, or ships ; by an 
 abuse of their power, governors contrived to derive an 
 iniquitous profit from these things, by exacting more 
 than was due, by fixing the price of corn at an unfair 
 height, or by taking bribes for remitting services not 
 necessary ; as for instance, when they received enor- 
 mous sums for exempting towns from furnishing winter- 
 quarters to the troops, and burdened other towns more 
 severely for that purpose 3 . The very arrival of a gover- 
 nor 4 , and his expenses during his progresses through his 
 government, were to be defrayed by those through whose 
 lands he passed ; some even were so unreasonable as to 
 require contributions from towns that did not lie on their 
 road 5 . A numerous retinue, who aped and shared his 
 luxury and exactions with impunity, increased their 
 burdens 6 ; and, finally, of all the causes of distress in- 
 cident to the inhabitants of a province, the most ruin- 
 ous were, the conversions, versurce, of the loans, fur- 
 nished to them at an exorbitant rate of interest by 
 Roman citizens, to enable them to pay their tribute 7 ; 
 they thus entangled themselves in difficulties irreme- 
 diable. 
 
 1) Cf. Cic. pro Font. 5 ; in Pis. 36 ; ad Att. 5, 17. 2) Cf. Cic. 
 Verr. 3, 81 and 82 ; in Pis. 35. 3) Cf. Cic. pro L. Man. 13 ; ad Att. 
 5, 21 ; Tac. Agric. 19. 4) Cf. Cic. pro L. Man. 5. 5) Cf. Cic. 
 ad Att. 5, 21 ; pro L. Man. 22. 6) Cf. Cic. Verr. 2, 10 ; Juven. 
 8, 127. 7) Cf. Cic. ad Att. 5, 18, 20. 21, 6, 1 ; see Hegew 
 Rcem. Finanz. p. 154, sqq. 
 
284 ROMAN ANTIQUITIES. [chap. ii. 
 
 256. The oppressed were allowed to indict their go- 
 vernors at Rome, by putting them on their trial for 
 extortion, peculation, and treason ( 196 and 264); but 
 their appeal was generally fruitless; for the accused, 
 rich and powerful, easily evaded laws intrinsically good; 
 they were moreover judged by men either senators or 
 of equestrian dignity, sometimes both ( 269), who were 
 inclined to deal partially with them, from being con- 
 scious themselves of the same crimes, or aiming at the 
 government of provinces, and eager to follow their ini- 
 quitous example 1 . But in the age of Cicero, which we 
 are now particularly considering, we meet with few who 
 were found guilty out of many accused, and most of 
 them punished very leniently 2 , for such was then the 
 state of the Republic, that the maladministration 
 of the provinces, (the primary cause of its decay,) 
 like its other evils, admitted not of remedy. The over- 
 throw of the Republic afforded them some relief 3 ; for 
 under the Caesars the powers of the governors were 
 curtailed, and their rapacity sometimes severely visited 
 on themselves 4 : by some emperors the tributes were 
 diminished, but by others augmented, so that at the 
 close of the Empire, the condition of the provinces was 
 more wretched than at the close of the Republic. 
 
 1) Cf. Cic. Verr. 1,6, sqq. 2) Cic. de Off. 2, 21 : " Nondum 
 
 centum ct decern anni sunt, quum de pecuniis repetundis a L. Pi- 
 sone lata lex est (cf. Cic. Ver. 2, 6, lege judicioque sociali, et Bach. 
 1. 2. c. 3, 46.) nulla antea quum fuisset. At vero postea tot leges, 
 et proximse quaeque duriores, tot rei, tot damnati, tantum Italicum 
 bellum propter judiciorum metum excitatum, tanta, sublatis Jegibus 
 et judiciis, expilatio direptioque sociorum, ut imbecillitate aliorum, 
 non nostra virtute valeamus." 3) Cf. Tac. Ann. 1,2; Juven. I, 
 47. 8, 91. 4) Cf. Tac. Ann. 13, 33. 
 
 257. In addition to what has been already said of the 
 condition of the provinces, something remains to be said 
 of the changes introduced under the Caesars in their 
 administration, beginning with Augustus, who, when he 
 
sect. 258.] ROMAN ANTIQUITIES. 285 
 
 perceived, at his elevation to supreme power, what a 
 large share of the strength of the state lay in its pro- 
 vinces, divided them between himself and the senate, 
 so as to render their management less onerous to both 
 (a. 727) : those which furnished the readiest revenue, 
 were of suspected fidelity or lay exposed to the incur- 
 sions of the enemy he took to himself, the rest he 
 allowed the senate to manage K The latter were called 
 senatorice or populares, the former imperatorice or 
 Ccesarea, and were divided into fourteen districts, as 
 follows: Hispania, Tarraconensis, Lusitania, Gallia? 
 ( 10), the provinces on the Danube, Syria, Armenia 
 minor, Mesopotamia, Cilicia, iEgyptus 2 , and in Jater 
 times others. The plan of Augustus was pursued by 
 his successors, who, after his method, exchanged pro- 
 vinces sometimes with the senate 2 , and sometimes 
 claimed those of the senate as their own. Moreover, 
 the senate and the emperor followed different plans of 
 administration. 
 
 1) Suet. Aug. 47 : " Provincias validiores, et quas annuis magis- 
 tratuum imperiis regi, nee facile nee tutum erat, ipse suscepit, caete- 
 ras proconsulibus sortito permisit, et tamen nonnullas commutavit 
 interdum, atque ex utroque genere plerasque saepius adiit. Cf. Dio 
 Cass. 53, 12 ; Strabo 1, 17. extr. 2) Creuz. 178. 3) Cf. 
 
 Tac. Ann. 1, 75. 
 
 258. The governors of the provincial imperatorise were 
 selected by the emperor himself from the senate ; they 
 were styled legati Augusti velCcesaris, also proprcetores, 
 though some say they were of consular dignity * : at later 
 periods they bore other titles, such as legati 2 . Their 
 power was both military and civil, and although depend- 
 ing on the will of the emperor, and limited in duration, 
 was still very great, as they had the power of life and 
 death over their soldiers, and therefore were authorized to 
 wear a sword and the military uniform. Procuratores, 
 who were sent by Augustus into smaller and newly con- 
 quered provinces, and were generally of equestrian 
 
286 ROMAN ANTIQUITIES. [chap. ii. 
 
 rank 3 , were inferior in dignity to the legati, but had 
 equal authority in their respective provinces 4 ; they are 
 sometimes called prcesides 5 . The administration of the 
 province of Egypt was attended with some peculiari- 
 ties ; as its loyalty was suspected on several accounts, 
 Augustus did not venture to intrust it to a governor of 
 the senate's appointment, or perhaps superstition influ- 
 enced his conduct 6 ; but he appointed a Roman knight 
 governor with the title of praefecttprcBfectus Attgustalis, 
 and likewise forbade any senator to enter the province 
 without his permission 7 . 
 
 1) Cf. Creuz.$ 180. 2) Cf. Suet. Tib. 41 ; Vesp. 4; Tac. 
 Agric. 7. 3) Cf. Tac. Ann. 12, 60. 4) Ibid. 15, 44. 5) Cf. 
 Suet. Tib. 41 ; Creuz. p. 220. 6) Cf. Trebell. Poll, in Mmil. 
 
 7) Cf. Tac. Ann. 2, 59; Hist. 1, 11. 
 
 259. The governors of the provinciae senatoriae were 
 chosen by lot by the senate from men of consular or 
 praetorian dignity, and in either case were styled pro- 
 consuls ; their command was limited to one year, and 
 acting only in a civil capacity, they were not authorized 
 to wear a sword and the military uniform; yet they 
 were allowed lictors according to the ancient custom. 
 Besides governors, procurators were sent into provinces 
 of both descriptions by the emperors ; they were first ap- 
 pointed by Augustus, but differed from the praefecti Au- 
 gustales in their duties and rank ; they were frequently 
 freedmen, had charge of the taxes and revenues of the 
 provinces, and no authority except over those who at- 
 tempted to defraud the treasury 2 . It is extremely dif- 
 ficult to draw a distinction between the two kinds 
 of procurators, as many passages in writers prove that 
 according to the will of the emperor, at one time 
 greater, at another time fewer and lesser powers were 
 intrusted to the same officers 3 . Quaestors also were 
 sometimes sent into the provinces allotted to the senate 4 . 
 Finally, the emperors, by virtue of their perpetual pro- 
 
sect 259.] ROMAN ANTIQUITIES. 287 
 
 consulship ( 245), exercised supreme authority over 
 these provinces also and the army stationed in them : 
 this rank was sometimes conferred by the senate on the 
 heirs to the empire, but it is distinct from the authority 
 conferred on certain men on extraordinary occasions 
 over several provinces for a season 5 . 
 
 1) Cf. Creuz. p. 207. 2) Cf. Tac. Ami. 12, 60 ; Agric. 9 and 
 15. 3) See Creuz. 184. 4) Cf. Dio Cass. 53, 14. (5 Cf. 
 
 Tac. Ann. 2, 43. 15, 25. 
 
288 ROMAN ANTIQUITIES. [chap. hi. 
 
 CHAPTER THE THIRD. 
 
 LAWS, AND THE ADMINISTRATION OF JUSTICE. 
 
 Of Laws. 
 
 260. Cities are either originally founded by settlers, 
 or, though rarely, by men assembled by chance ; the 
 former generally preserve the laws and institutions of 
 their mother city, the latter at first have no laws, 
 or but few and uncertain ones: social life gradually 
 introduces others, which, so long as they are ob- 
 served habitually and exactly, are termed customs and 
 manners, and prevail even after the introduction of 
 written law, and during the mature condition of the 
 city's constitution. 
 
 Thus originally the Romans had but very few and 
 simple laws, some of which are said to have been en- 
 acted by Romulus himself 1 , but whether they were not 
 in force for some time as unwritten laws, let others say 2 . 
 The decisions of the kings, then the first magistrates 
 and supreme judges, giving sentences in truth and 
 equity, were thenceforth held as laws. They made 
 their edicts public by inscribing them on tables, or 
 published them by the voice of the crier 3 : hence they 
 were said manu gubernare 4 , i. e. by their own power 
 and will. Yet in matter of serious importance they de- 
 cided after having taken the opinion of the senate or of 
 the curiae ; hence the laws of the kings are called 
 curiatcB. According to Dionysius these laws were almost 
 abolished by Tarquinius Superbus, but after the ex- 
 pulsion of the kings, some of the most simple were 
 
sect. 261.] ROMAN ANTIQUITIES. 289 
 
 restored, and the consuls, like the kings, decided in 
 many cases by their own judgment 6 . 
 
 1) See Dion vs. 2, 25 ; cf. Dirksen. Versuche zur Kritik d. Quell, 
 d. Rcem. Rechts, p. 261, sqq. 2) cf. Dionys. 10, 1 ; Pomp. 1. 2, de 
 Or. Jur. ; Tac. Ann. 3, 26 : " Nobis Romulus, ut libitum, imperitave- 
 rat. Dein Numa religionibus et di vino jure populum devinxit. Re- 
 pertaque quaedam a Tullo et Anco ; sed praecipuus Servius Tullius 
 sanctor legum fuit, queis etiam Reges obtemperarent. Pulso Tar- 
 quinio, adversum patrum factiones multa populus paravit tuendae 
 libertatis et firmandae concordiae, creatique Decemviri, et accitis, 
 quae usquam egregia, compositae XII Tabulae, finis aequi juris." 
 3) Cf. Liv. 1, 32 and 44; Cic. de Orat. 2, 12. 4) Pomp. I. c. : 
 
 " Omnia manu a regibus gubernabantur ;" cf. Tac. Agric. 9. 
 5) Dionys. 4, 41, sqq. 6) Cf. Liv. 6, 1 ; Dionys. 4, 43 ; cf. 
 Hein. Hist. J. R. 15. 
 
 261. Thus originally the decrees of the kings and 
 established customs were in lieu of laws among the 
 Romans ; until the laws of the Twelve Tables were 
 introduced with the consent of all parties, consisting of 
 the laws of Greek states combined with the ancient 
 laws of Rome 1 ( 205). Rome being then of small ex- 
 tent, the rights of individuals, the method to be pursued 
 in governing the state, the power of the senate and of the 
 magistrates, the authority of the people and of each of 
 its ranks, were all defined in these XII Tables ; and 
 from them were derived all other laws of the Romans, 
 the decrees of the people, plebiscites, and those of the 
 senate, senatus consulta, as the city increased and its 
 constitution became altered ; the laws, moreover, were 
 greatly augmented by the jus honorarium enjoyed by 
 magistrates (see 191). From these Tables also, as 
 from the fountain head of Roman legislation 2 , were de- 
 rived many of the laws of Justinian. 
 
 It is believed that the Tables themselves were still 
 extant in the time of Justinian 3 ; fragments only have 
 reached us, collected by late writers from the works of 
 Cicero, Gellius, Festus, from the Pandects, the Insti- 
 tutions of Caius, and the remains of Ulpian's works; 
 and many still labour in endeavouring to restore them to 
 
 u 
 
290 ROMAN ANTIQUITIES. [chap. in. 
 
 their entire state : Jacob Gothfreid has acquired great 
 celebrity in this pursuit, greater, indeed, than he 
 deserves, according to some 4 ; and this most ancient 
 code, restored in parts, according to his ideas, is in- 
 serted in many works on Jurisprudence, such as in 
 the Historia Jur. Civ. Rom., of Heineccius, edited by 
 Ritter, and Bach's Historia Jurisp. Rom. ; it is also re- 
 markable for its latinity 5 . His work having been 
 strictly examined by learned men 6 , of whom the most 
 eminent is Dirksen, we can at length judge how much 
 Gothfreid indulged the natural bias of his inventive 
 genius, and how much he has left to others still to per- 
 form. Dirksen deserves high commendation, both for 
 his writings on the history and study of Roman Juris- 
 prudence 7 , as well as for his work upon the XII Tables, 
 in which he discusses their text and the commentaries 
 on it 8 . Having at first intended to subjoin other tables 
 to that of Gothfreid inserted in the second edition 
 of this work, I afterwards preferred introducing the 
 whole of the tables given in Dirksen's work 9 , and the 
 whole of the more perfect remains collected from the 
 Institutions of Caius, rather than to insert the conjec- 
 tural text, retaining, however, for sake of example, the 
 first table according to Gothfreid 10 . 
 
 1) This may safely be affirmed by one who pays more regard to 
 the accounts given by ancient writers of the mission of these am- 
 bassadors into Greece, than to the suppositions or bare assertions 
 of modern writers to the contrary. For instance, Macieiowski, 
 ( Hist. Jur. Rom., preface, p. 5.,) speaking of this mission into Greece 
 says, that Livy and Dionysius Hal. have given a foolish and fabu- 
 lous account of it ; and p. 54, with respect to the passages in Cicero 
 de Republica, 2, 36 and 37 ; and 3, 37, (though I have searched for 
 this reference in vain,) he says, " Nullam mentionem legum e 
 Graecia petitarum fieri." However, this seems to me an argument 
 of little weight, considering what Cicero might have thought neces- 
 sary to say in those passages. A passage in the same author, De 
 Oratore, 1, 44, appears more conclusive ; he makes Crassus exclaim, 
 " Bibliothecas mehercule omnium philosophorum unus mihi videtur 
 XII Tabularum libellus, SI QUIS LEGUM FONTES ET 
 CAPITA VIDERIT, et auctoiitatis pondere et utilitatis ubertate 
 superare :" to which he adds the remark, that we may easily per- 
 
sect. 261.] ROMAN ANTIQUITIES. 291 
 
 ceive how superior the Romans were to the Greeks in wisdom, if the 
 Roman laws be compared with those of Lycurgus, Draco, and Solon : 
 every one must see that these remarks could not be applicable to 
 any laws which Cicero might have believed were borrowed wholly 
 or in part from the Greeks. Yet I cannot allow such authority to 
 these and other passages of Cicero, in which he expresses himself 
 sometimes in a contradictory manner, in determining the question, 
 as to reject on their account the statements of Livy and Dionysius, 
 who reported at least the current opinion on the subject, and certainly 
 did not invent their accounts. Dionysius relates that deputies were 
 chosen to collect laws from among the Greeks (robs trap 'eaa^wwj/ 
 v6fiovs \T)\l/6fievoi), 10, 52 ; and that they returned from Athens and 
 from the Grecian cities in Italy with laws ((pepovres robs v6/j.ovs), 
 10, 54 : and Livy says that these deputies were charged, " inclytas 
 leges Solonis describere et aliarum Graeciae civitatum instituta mores 
 juraque noscere ;" with which statement compare Tacitus, Ann. 3, 
 
 26 : " accitis, quae usquam egregia, compositae XII Tabulae, 
 
 finis aequi juris." Among recent writers, whose opinions are com- 
 monly highly thought of on such subjects, is Hugo, who (Gesch. de 
 Roem. Rechts, p. 64. ed. 8vo.) inclines us to suppose that such depu- 
 ties were sent, and may even have travelled beyond Italy. What 
 Dirksen's opinion is 1 have still to discover : but Niebuhr, Roem. 
 Gesch. v. 2. p. 67. (cf. Wachsmuth aeltere Gesch. d. Roem. Staats. 
 p. 355), although he owns that it is credible that they were sent as 
 far as Athens, yet thinks the statement suspicious, as Roman 
 writers had a custom of loosely naming Athens as the scene of any 
 occurrence in Greece, that was not well ascertained ; and a proof 
 of this careless inexactitude is to be found in facts detailed by them 
 but refuted by chronology. It is certain that they who maintain 
 that the deputation did not visit Athens, cannot account for finding 
 something transferred thence into the XII Tables ; and they who 
 maintain that the story of the deputation is fabulous, give no reason 
 for their containing traces of foreign laws and customs ; although it 
 would unavoidably follow that the decemviri admitted many foreign 
 laws, even if we allow that the deputation was sent and returned 
 with the laws of the Greek inhabitants of Italy or those of the Greeks 
 of foreign parts ; that they adopted but few, we might adduce many 
 proofs, too voluminous to insert here, besides the remains of the 
 Tables and the conciseness of the laws of the decemviri (cf Cic. de 
 Orat. 1, 44). Indeed, it is difficult to persuade oneself that the 
 Romans, in other cases so notoriously tenacious of their ancient 
 institutions, should have so readily thrown aside laws which, though 
 not numerous, they had enjoyed for three centuries, and in the 
 remains of the Tables are found laws, which the ancients inform us 
 were introduced, some of them under the kings, some at the com- 
 mencement of freedom. In the rest of the remains, I hardly think 
 that many things are to be found which can indisputably be referred 
 to the Greek laws, so that we may the more readily conclude that 
 the greater part of the contents of the XII Tables consisted of 
 national laws ; and if we grant this, we must conclude, from the 
 brevity and small number of the chapters, that little space was left for 
 foreign laws. However, it is one thing to argue that they contained 
 
 V 2 
 
292 
 
 ROMAN ANTIQUITIES. [chap, hi 
 
 few things foreign, and another thing to argue that they comprised 
 nothing foreign (cf. Macieiowski, p. 5) ; for the statements of 
 ancient writers forbid our doing so (cf. Dionys. 10, 57), and it would 
 seem absurd to suppose that writers would not have contradicted it 
 if an unfounded report. We may adduce a weighty argument in 
 the fact that we have indisputable authority for stating that the 
 decemviri were assisted in writing the laws by Hermodorus, an 
 Ephesian ; and if Greek laws are to be excluded from the Tables, 
 we are at a loss to conceive of what use he was to the decemviri, 
 either as interpreter, as Pliny states ( 205), or otherwise, so that 
 his services should be thought deserving of a public statue. 
 
 2) Cf. Liv. 3, 34; Cic. de Leg. 2, 23 ; de Orat. 1, 43 and 44. 
 
 3) Cf. Lyd. 1, 26. 4) See Macieiowski Hist. Jur, Rom. p. 55. 
 5) The first Table, with the paraphrase as found in Bach. 1. 1. c. 2. 
 $ 11, will serve for an example. 
 
 TABULA I. 
 De In Ius Vocando. 
 
 III. 
 Cognitio 
 Praetoris. 
 
 SIn * Ivs vocAT qvEat : 
 NIt*antestamino: igitvr, em capito. 
 
 SI CALVITVR, PEDEMVESTrViT, MANUM 
 ENDO IACITO. 
 
 Si MORBVS jEVITASVE VITIVM ESCIT, 
 QVIN* IVS VOCABIT IVMENTVM DATO : 
 SI NOLET ARCERAM NE STERNITO. 
 
 SI ENSIET, qui ius vocatum vindicit 
 
 mi'fito. 
 ASidvo vindex aSidVs esto : PROLE- 
 
 TARIO, CVIQVI VOLET VINDEX ESTO. 
 
 Endo via rem * vti paicvnt, * orato. 
 NIta * paicvnt, in comitio, avt in 
 
 PORO ab ORTV ANTE MERIDIEM CAV- 
 
 sam conscito, * cvm perorant ambo 
 praesentes.* 
 
 Post meridiem praesenti stlitem 
 
 aDicito. 
 Sol oCasvs suprema tempestas esto. 
 
 Cai. lib. 1. ad leg. 
 XII Tab. cuius pars 
 prior huic primre tab. 
 respondet. 
 
 Cai. I. 18. 20. 22. in 
 pr. ff. de in ius voc. 
 
 *Id est, si in ius vo- 
 cat, atque eat. Por- 
 phyron ad lib. I. 
 Satyrar. Hor. Sat. 9. 
 
 *id est, ni it. Cai. t 
 233. in pr. ff. de V. 
 S. Gell. lib. 20. c. 1. 
 
 *id. est, qui in. Caius 
 
 1. 22. 1. ff. de in 
 
 ius voc. 
 
 *vbi. 
 
 *RATO. 
 
 *id est, ni ita : puta : 
 
 vindice dato, vel pac- 
 
 to inito. 
 
 PARAPHRASE. 
 
 Si quis aliquem in jus vocat, vocatus statim sequitor. 
 
 Si in jus vocatus non sequatur, qui vocabit testes ante adhibeto, 
 
 et turn in jus vocatum sistere ei jus esto. 
 Si et turn in jus vocatus moratur, frustretur, fugamve adornet, ma- 
 
 num ei injicere jus esto. 
 
sect. 261.] ROMAN ANTIQUITIES. 293 
 
 Si imbecillitas, aut invalentia quaedam, aetasve senilis impedimento 
 sit, quo minus vocatus in jus sequatur, qui in jus vocabit vocato 
 vectabulum, seu vehiculum, quod adjunctis pecoribus trahetur, 
 dato : si nolet is, qui in jus vocabit, vocato petenti plaustrum un- 
 dique tectum, munitumque stemere ne cogitor. 
 
 Si tamen sit aliquis, qui in jus vocatum, vel prensum defendat, di- 
 mittitor. 
 
 Ceterum locupleti vindex locuples esto: pauperi prolem tantum 
 Reipub. sufficienti ( 144) quilibet vindex esto. 
 
 Item si de re transactum fuerit inter vocantem, et vocatum, dum in 
 jus venitur, ita jus ratumque esto. 
 
 Si neque vindex aliquis sit, neque de re in via transactum fuerit, 
 turn in comitio, aut in foro Praetor causam cognoscito, ante me- 
 ridiem, cum ambo litigatores praesentes perorant. 
 
 Post meridiem, etiamsi unus tantum praesens sit, praesenti actionem 
 dato, judiciumque constituito. 
 
 Sole occidente supremus terminus judiciorum esto, seujudicia sol- 
 vuntor. Ad solem proinde occasum Praetor jus reddito. 
 
 6) Cf. Hugo p. 69. ed. 8vo. ; Macieiowski 1. c. : " Sed in iis, quae ef- 
 fecit, potius ingenii subtilitas et acumen laudandum, quam argumen- 
 torura gravitati vel copiae fidem habendam esse, duco." 7) Among 
 which are to be noted Versuche zur Kritik und Auslegung der 
 Quellen des Rcemischen Rechts (Leipzig, 1823). 8) Ueber- 
 sicht der bisherigen Versuche zur Kritik und Herstellung des Tex- 
 tes der Zwaelf-Tafel-Fragmente (Leipzig, 1824). 9) These are 
 here subjoined, as edited by Warnkoenig, whose work was re-edited, 
 with additions by M. L. Etienne, under the title, " Introduction a 
 l'etudedu Droit romain, traduite, de l'Allemand de M. de MackeMey. 
 Mons. 1826." 
 
 10) SUMMARY OF THE SEVERAL REMAINS OF 
 THE LAW OF THE XII TABLES, DRAWN UP 
 BY DIRKSEN. 
 
 TABULA I. 
 
 Fr. 1. (I. 1. 2.**) Si. in. ivs. vocat. ni. it. antestator. igi- 
 tvr. em. capito. (Porphyrio ad Horatium, Satyr, lib. I. 
 Sat. 9. v. 65. 
 
 * I have given this summary as it stands in the work of Warn- 
 kcenig (see note 6, above) ; whether it is accurate I cannot say, 
 not having Dirksen's work. I have corrected the Greek text, which 
 was carelessly printed. It must not be supposed that Dirksen has 
 introduced only unquestionable passages of the XII Tables ; had 
 he done so he must have omitted the greater part of what he has 
 given, as great doubts exist in many instances both concerning the 
 readings and the divisions. The words " Quum perorant ambo 
 prasentes" are not quoted by Auct. ad Herenn. Note by Fuss. 
 
 * * The numbers placed between parenthesis indicate the situ- 
 ation which Jacob Gothfreid assigned to the fragment in question in 
 his restoration of the XII Tables. The passages not so numbered 
 were not known to that author. 
 
294 ROMAN ANTIQUITIES. [chap. hi. 
 
 Fr. 2. (I. 3.) Si. calvitvr. pedemve. strvit. manum. endoi- 
 
 acito. (Festus, v. struere.) 
 Fr. 3. (I. 4.) Si. morbus, ^evitasve. vitivm. escit. qui. in. 
 
 IVS. VOCABIT. IVMENTVM. DATO. SI NOLET. ARCERAM. NE. 
 
 sternito. (A. Gellius, Noct. Attic, lib. 20. c. 1.) 
 Fr. 4. (I. 6.) Assidvo. vindex. assidvvs. esto. proletario. 
 
 QVOI. QVIS. VOLET. VINDEX. ESTO. (Id. lib. 16. C. 10.) 
 
 Fr. 5. (IX. 2.) Itaque in XII. cautum est: " Ut idem juris 
 esset sanatibus, quod fortibus," id est bonis et qui nun- 
 quam defecerant a populo Romano. (Festus, v. Sanates). 
 
 Fr. 6. (I. 7.) Rem. vbi. pagvnt. orato. (Auctor ad Heren- 
 nium, lib. 2, c. 13.) 
 
 Fr. 7. (I. 8.) Ni. pagvnt. in. comitio. avt. in. foro. ante. 
 
 MERIDIEM. CAVSAM. CONIICITO. QVOM. PERORANT. AMBO. 
 
 pr^esentes. (Id. al. 1., et Gellius, al. 1. lib. 17. c. 2.) 
 Fr. 8. (1.9.) Post, meridiem, pr^esenti. stlitem. addicito. 
 
 (Gellius, al. 1.) 
 Fr. 9. (I. 10.) Sol. occasvs. svprema. tempestas. esto. 
 
 Gellius ib.) 
 Fr. 10. (II. 1.) Vades. Svbvades. (Id. 1. 16. c. 10.) 
 
 TABULA II. 
 
 Fr. 1. Poena autem sacramenti aut quingenaria erat aut quin- 
 quagenaria : (nam) de rebus mille aeris plurisve quingentis 
 assibus, de minori (bus vero) quinquaginta assibus Sa- 
 cramento contendeb (atur) nam (ita) Lege XII Tabula- 
 rum cautum erat. (Sed si de libertate) hominis (con- 
 troversia) erat, et si pretiosissimus homo esset, tamen 
 ut quinquaginta assibus sacramento contenderetur (cau- 
 
 tem erat) favoris (causa, ne satisdatione onerarentur) 
 
 adsertores (Gaius, Institution. Lib. 4. 14.) 
 
 Fr. 2. (II. 2.) Morbvs. sonticvs. Statvs. dies. cvm. 
 
 HOSTE. QviD. HORVM. FVIT. VNVM. IVDICI. ARBITROVE. 
 
 reove. dies, diffisus. esto. (Gellius, lib. 20. c. 1. Cicero, 
 
 De Offic. lib. 1. c. 12. Festus, v. reus.) 
 Fr. 3. (II. 3. Cvi. testimonivm. defverit. is. tertiis. diebvs. 
 
 ob. portvm. obvagvlatvm. ito. (Festus, v. portum, et, 
 
 quam non indicat Dirksen, vagulatw.) 
 Fr. 4. (11.12.) Nam et de furto pacisci Lex permittit. (Lib. 
 
 7. 14. D. de Pact.) 
 
 TABULA III. 
 
 (III. 4.) Aeris. confessi. rebvsqve. ivre. ivdicatis. 
 trtginta. dies, ivsti. svnto. (A. Gellius, lib. 20. c. 1.) 
 
 (III. 5.) Post, deinde. manvs. iniectio. esto. in. ivs. 
 dvcito. (Ibid.) 
 
 (III. 6.) Ni. IVDICATVM. FACIT. AVT. QVIPS. ENDO. EM. 
 IVRE. VINDICIT. SECVM. DVCITO. VINCITO. AVT. NERVO. AVT. 
 COMPEDISVS. QVINDECIM. PONDO. NE. MAIORE. AVT. SI VO- 
 LET, minore. vincitor. (Ibid.) 
 
 Fr. 
 
 1. 
 
 Fr. 
 
 2. 
 
 Fr. 
 
 3. 
 
sect. 261.] ROMAN ANTIQUITIES. 295 
 
 Fr. 4. (III. 7.) Si volet, svo. vivito.ni. svo.vivit. qvi. em. 
 
 VINCTVM. HABEBIT. LIBRAS. FARRIS. ENDO. DIES. DATO. SI. 
 VOLET. PLVS. DATO. (Ibid.) 
 
 Fr. 5. (III. 8.) Erat autem jus interea paciscendi ; ac nisi 
 pacti forent, habebantur in vinculis dies sexaginta : inter 
 eos dies trinis nundinis continuis ad praetorem in comitium 
 producebantur, quantaeque pecuniae judicati essent, praedi- 
 cabatur. (Ibid.) 
 
 Fr. 6. (III. 9.) Tertiis autem nundinis capite poenas dabant, 
 aut trans Tiberim peregre venum ibant. Si plures forent 
 quibus reus esset judicatus, secare si vellent atque partiri 
 corpus addicti sibi hominis, permiserunt. Tertiis. num- 
 
 DINIS. PARTIS. SECANTO. SI. PLVS. MINVSVE. SECVERVNT. SE. 
 FRAVDE ESTO. (Ibid.) 
 
 Fr. 7. (III. 3.) Adversvs. hostem. sterna, avctoritas. 
 (Cicero, De Offic. lib. 1. c. 12.) 
 
 TABULA IV. 
 
 Fr. 1. (IV. 1.) Nam mihi quidem pestifera videtur (sc. tribu- 
 norum plebis potestas), quippe quae in seditione et ad se- 
 ditionem nata sit : cujus primum ortum si recordari volu- 
 mus, inter arma civium et occupatis et obsessis urbis locis 
 procreatum videmus. Deinde quum esset cito legatus, 
 tanquam ex XII Tabulis insignis ad deformitatem puer, 
 brevi tempore recreatus multoque taetrior et foedior natus 
 est. (Cicero, De Legib. lib. 3. c. 8.) 
 
 Fr. 2. (IV. 2.) 'O 5e rS>v Yujxaicov vo/j.o64tt)s (dPwfitoos) &Tra(rav, ods 
 
 tVe/, eSwKtv Qovaiav irarrpl /ca0' vtov, koL irapd irdvra rhv rov 
 filov xp6 V0V i ^ v T6 elpyeiv^iav tc nourriyovv, idv re S4(Tjxiov 4nl 
 twv kot' dypbv epywv Ka,Texeiv y idv re diroKrivvvvai irpocuprJTcu, 
 k&v rd iroXiTiKd irpdrruv 6 ircus ijSr) riryxdvrj, nav iv dpxcus 
 reus fieyifrrais i^era^/j-evos, k&v Sid rty s rd Koivd (piXon/i'iav 
 iircuvov/xcvos. Ka,Ta\vdi<rr)s 5e rrjs /xovapxlas (rovrovrbv vdfiov) 
 5e/ca &v8p*s dfia rois &Wots dv4ypa\pav vSfwis, nal iartv iv 
 TJj Tsrdprr) tup \yo/i4vuv SccSeica 84\t(cv, ds dv4decrav iv dyopa. 
 At Romanorum legislator [Romulus] omnem, ut ita 
 dicam, potestatem in filium patri concessit, idque toto 
 vitae tempore : sive eum in carcerem conjicere, sive fla- 
 gris caedere, sive vinctum ad rusticum opus detinere, sive 
 occidere vellet ; licet filiusjam rempublicam administraret 
 et inter summos magistratus censeretur, et propter suum 
 studium in rempublicam laudaretur. Sed sublato regno 
 Decemviri (earn legem) inter ceteras retulerunt, exstat- 
 que in XII. Tabularum, ut vocant, quarta, quas tunc in 
 foro posuere (Dionysius Halicarnassaeus, lib. 2. c. 26 
 et 27.) 
 
 Fr. 3. . (IV. 3.) Si. pater, filivm. ter. venvm. dvit. filivs a. 
 patre. liber, esto. (Ulpian. Fragm. tit. 10. I.) 
 
 Fr. 4. (IV. 4.) Quoniam Decemviri in decern mensibus gigni 
 hominem, non in undecimo, scripsissent. (A. Gellius, lib. 
 3. c. 16.) 
 
Fr. 
 
 3. 
 
 Fr. 
 
 4. 
 
 Fr. 
 
 5. 
 
 Fr. 
 
 6. 
 
 Fr. 
 
 7. 
 
 296 ROMAN ANTIQUITIES. [chap. hi. 
 
 TABULA V. 
 
 Fr. 1. Loquimur autem exceptis Virginibus Vestalibus, quas 
 etiam veteres inhonorem sacerdotii liberas (a tutela) esse 
 voluerunt ; itaque etiam Lege XII Tabularum cautum 
 est. (Gaius, Institution, lib. 1. . 144, 145.) 
 
 Fr. 2. (Item.) Res mulieris, quae in agnatarum tutela (erat, 
 si) erant res mancipi, usucapi non poterant, praeterquam si 
 ab ipsa tutore (auctore) traditae essent : id ita Lege XII 
 Tabularum cautum erat. (Ibid. lib. 2. 47.) 
 
 (V. 1.) Vti. legassit. svper. pecvnia. tvtelave. sv^e. 
 rei. ivs. esto. (Ulpian, Fragm. tit. 11. 14.) 
 
 (V. 2.) Si. intestato. moritur. cvi. svvs. heres. nec. 
 
 SIT. ADGNATVS. PROXIMVS. FAMILIAM. HABETO. (Ibid, 
 tit. 26. $ 1.) 
 
 (V. 3.) Si. agnatvs. nec. escit. gentilis. familiam. 
 nancitor. (Collat. Legg. Mosaic, et Romanar. tit. 16. 
 
 (V. 7.) Quibus testamento quidem tutor datus non sit, 
 iis ex Lege XII. agnati sunt tutores, qui vocantur legi- 
 timi. (Gaius, Institution, lib. 1. 155.) 
 
 (V. 8.) Si. fvriosvs. est. agnatorvm. gentilivmqve. 
 
 IN. EO. PECVNIAQVE. EIVS. POTESTAS. ESTO. AST. EI. CVS- 
 
 tos. nec. escit. (Cicero, de Invent. Rhetor, lib. 2. c. 50. 
 Festus, v. nec.) 
 
 Fr. 8. (V. 4.) Civis Romani liberti hereditatem Lex XII Ta- 
 bularum patrono defert, si intestato sine suo herede liber- 
 tus decesserit. Lex : " Ex. ea. familia., inquit, in. eam. 
 familiam." (Ulpian., Fragm. tit. 29. 1. L. 195. 1. D. 
 de Verbor. signif.) 
 
 Fr. 9. (V. 5.) Ea, quae in nominibus sunt, non 'recipiunt di- 
 visionem, cum ipso jure in portiones hereditarias ex Lege 
 XII Tabularum divisa sinl. (L. 6. C. Famil. erciscund.) 
 
 Fr. 10. (V. 6.) Haec actio (sc. familiae erciscundae) proficiscitur 
 e Lege XII Tabularum (L. 1. pr. D. eod. tit.) 
 
 TABULA VI. 
 
 Fr. 1. Cvm. NEXVM. FACIET. mancipivmqve. vti. lingva nvn- 
 
 cvpassit. ita. ivs. esto. (Festus, v. nuncupata.) 
 
 Fr. 2. (VI. 2.) Nam cum ex XII Tabulis satis esset ea prae- 
 stari, quae essent lingua nuncupata, quae qui infitiatus esset 
 dupli pcenam subiret ; a jureconsultis etiam reticentiae 
 poena est constituta. (Cicero, De Offic. 1. 3. c. 16.) 
 
 Fr. 3. (VI. 5.) Quod in re pari valet, valeat in hac, quae par 
 est, ut : " Quoniam usus auctoritas fundi biennium est, sit 
 etiam aedium : at in Lege aedes non adpellantur, et sunt 
 ceterarum rerum omnium, quarum annuus est usus." 
 (Cicero, Topic, c. 4.) 
 
 Fr. 4. (VI. 6.) Usu in manum conveniebat, quae anno con- 
 tinuo nupta perseverabat : Itaque Lege XII Tabularum 
 
sect. 261.] ROMAN ANTIQUITIES. 297 
 
 cautum (erat), si qua nollet eo modo in manum mariti 
 con\e(nire, ut quotan)ms trinoctio abesset, atque (ita 
 usum) cujusque anni interrumperet. (Gaius, Institution. 
 1. 1. 111.) 
 
 Fr. 5. (VI. 7.) Si. qvi. in. ivre. manvm. conservnt. (A. 
 Gellius, lib. 20. c. 10.) 
 
 Fr. 6. (VI. 8.) Initium fuisse secessionis dicitur Virginius qui- 
 dam, qui cum animadvertisset Appium Claudium contra 
 jus. quod ipse ex vetere jure in XII Tabulas transtulerat, 
 vindicias filiae suae a se abdixisse, et secundum eum, qui 
 in servitutem ab eo suppositus petierat, dixisse, captumque 
 amore virginis omne fas ac nefas miscuisse. (L. 2. 24. D. 
 De Orig. Jur.) 
 
 Fr. 7. (VI. 9.) Tignvm. ivnctvm. ^dibvs. vine^eqve. et. 
 
 CONCAPET. NE. SOLVITO. (FeStUS, V. tigUUTH.) 
 
 Fr. 8. (VI. 10.) Quod providenter Lex XII Tabularum 
 effecit, ne vel aedificia sub haec praetexta diruantur, vel 
 vinearum cultura turbetur ; sed in eum, qui convictus est 
 junxisse, in duplum dat actionem. (L. 1. pr. D. de tigno 
 juncto.) 
 
 Fr. 9. (VI. 11.) QVANDOQVE. SARPTA. DONEC DEMPTA. ERVNT. 
 
 (Festus, v. sarpuntur.) 
 
 TABULA VII. 
 
 Fr. 1. (VIII. 1.) Nam ambitus circumitus : ab eoque XII 
 Tabularum interpretes ambitum parietis circumitum esse 
 describunt. Lex etiam XII Tabularum argumento est, 
 in qua duo pedes et semis sestertius pes vocatur. (Varro, 
 de Ling. Lat. lib. 4. c. 4. et Volusius Maecianus, de asse 
 et ejus partib.') 
 
 Fr. 2. (VIII. 3.) Sciendum est,inactionefiniumregundorumil- 
 lud observandum esse, quod ad exemplum quodaramodo ejus 
 legis scriptum est, quam Athenis Solonem dicunt tulisse ; 
 nam illic ita est : 'Ecu/ ris alfiaaiav Trap' aWorpicp x M ph fyvyfj, 
 rbv '6pou /jlt] irapafiaivciv, i&v T^iyiov^ iroSa airoAdireiy, iav 5e 
 ot/CT/fto, 8vo ir6Sas. iau 8c rdcpov ^ fHodpov opvrTp, ticrov rb /3d0os 
 ??, roaovrou airoAeiireiv, iau 8e c^peap, opyvidw iXalav Se Kai 
 crvKTjv ivvea 7rcSas curb tov aXKorpiov tyxrrsvsiv, to. 5e &\\a Sevdpa 
 irevre Tr68as. Si quis sepem ad alienum praedium fixerit in- 
 foderitque, terminum ne excedito : si maceriam, pedem 
 relinquito : si vero domum, pedes duos : si sepulchrum 
 aut scrobem foderit, quantum profunditatis habuerint, tan- 
 tum spatii relinquito : si puteum, passus latitudinem : at 
 vero oleara aut ficum ab alieno ad novem pedes plantato, 
 ceteras arbores ad pedes quinque. (L. Fin. D. Finium 
 Regund.) 
 
 Fr. 3. (VIII.6.) Hortvs. Heredivm. Tvgvrivm. (Fli- 
 nius, Hist. Natur. lib. 19. c. 4, 1.) 
 
 Fr. 4 et 5. (VIII. 4. 5.) Ex hac autem, non rerum, sed verborum, 
 discordia controversia nata est dc finibus : in qua quoniam 
 
298 ROMAN ANTIQUITIES. [chap. hi. 
 
 usucapionem XII Tabulae intra quinque pedes esse nolu- 
 erunt, depasci veterem possessionem academiae ab hoc 
 acuto homine non sinenms, nee Mamilia lege singuli, sed 
 ex his tres arbitri fines regemus. Si ivrgant. (Cicero, 
 de Legib. 1. 1. c. 21. et Nonius Marcellus, de Propriet. 
 Sermon, c. 5. 34.) 
 Fr. 6. (VIII. 10.) Viae latitudo ex Lege XII Tabularum in 
 porrectum octo pedes habet ; in anfractum, id est ubi 
 flexum est, sedecim. (L. 8. D. de Servitutib. Preed. 
 Rustic.) 
 Fr. 7. (VIII. 11.) Si via sit immunita, jubet (Lex) qua velit 
 
 agere jumentum. (Cicero, pro Caecina. c. 19.) 
 Fr. 8. (VIII. 9.) Si per publicum locum rivus aquaeductus 
 privato nocebit, erit actio privato ex Lege XII Tabularum, 
 ut noxae domino caveatur. Si. aqva. plvvia. nocet. 
 (L. 5. D. Ne quid in Loco Public, et L. 21. D. de Statu- 
 lib.) 
 Fr. 9. (VIII. 7.) Quod ait praetor, et Lex XII Tabularum 
 efficere voluit, ut quindecim pedes altius rami arboris 
 circumcidantur ; et hoc idcirco effectum est, ne umbra 
 arboris vicino praedio noceret. L. 1. $8. D. de Arborib. 
 Caedend.) 
 Fr. 10. (VIII. 8.) Cautum est praeterea Lege XII Tabularum, 
 ut glandem in alienum fundum procidentem liceret colli- 
 gere. (Plinius, Histor. Natur. lib. 16. c. 5.) 
 Fr. 1 1. (VI. 4.) Venditae vero res et traditae non aliter emptori 
 adquiruntur, quam si is venditori pretium solvent, vel alio 
 modo satisfecerit, veluti expromissore aut pignore dato. 
 Quod cavetur quidem et Lege XII Tabularum, tamen 
 recte dicitur, et jure gentium, id est jure naturali, id effici. 
 (41. Inst, de Rer. Divis.) 
 Fr. 12. (VI. 3.) Sub hac conditione liber esse jussus, si de- 
 cern millia heredi dederit, etsi ab herede abalienatus sit, 
 emtori dando pecuniam ad libertatem perveniet : idque 
 Lex XII Tabularum jubet. (Ulpian. Fragm. tit. 2. 4.) 
 
 TABULA VIII. 
 
 Fr. 1. (VII. 8. Nostrae contra XII Tabulae cum perpaucas 
 res capite sanxissent, in his hanc quoque sanciendam pu- 
 taverunt : " Si quis occentavisset, sive carmen condi- 
 disset, quod infamiam faceret flagitiumve alteri." Cicero, 
 de Republ. lib. 4. apud Augustinum, de Civitate Dei, lib. 
 2. c. 9.) 
 
 Fr. 2. (VII. 9.) Si. membrvm. rvpit. ni. cvm. eo. pacit. 
 talio. esto. (Festus, v. talionis.) 
 
 Fr. 3. (VIL 10.) Propter os vero fractum aut collisum trecen- 
 torum assium poena erat (ex Lege XII Tabularum), velut 
 si libero os fractum erat ; at si servo, centum et quinqua- 
 ginta. (Gaius, Institution, lib. 3. 223.) 
 
sect. 261.] ROMAN ANTIQUITIES. 299 
 
 Fr. 4. (VII. 7.) Si. inivriam. faxit. alteri. viginti. qvin- 
 
 qve. uERis. pcen^e svnto. (A. Gellius, lib. 20. c. 1.) 
 Fr. 5. (VII. 2.) Rvpitias. Sarcito. (Festus, v. Hupi- 
 
 tias.) 
 Fr. 6. (VII. 5.) Si quadrupes pauperiem fecisse dicetur, actio 
 ex Lege XII Tabularum descendit; quae lex voluit aut 
 dari id, quod nocuit ; id est id animal quod noxiam com- 
 misit, aut aestimationem noxiae offerre. (L. l.pr. D. Si 
 Quadrup. Pauper.) 
 Fr . 7 (VII. 5.) Si glans ex arbore tua in meum fundum cadat, 
 
 eamque ego immisso pecore depascam, Aristo scribit non 
 sibi occurrere legitimam actionem, qua experiri possim ; nam 
 neque ex Lege XII Tabularum de pastu pecoris, quia non 
 in tuo pascitur, neque de pauperie, neque de damni injuriae 
 agi posse. (L. 14. 3. D. de Praescr. Verb.) 
 Fr. 8. (VII. 3.) Qvi. frvges. excantassit. Neve, alie- 
 nam. segetem. pellexeris. (Plinius, Hist. Natur. lib. 
 28. c. 2. et Servius ad Virgilii Eclog. VIII. v. 99.) 
 Fr. 9. (VII. 4.) Frugem quidem aratro quaesitam furtim 
 noctu pavisse ac secuisse puberi XII Tabulis capitale erat, 
 suspensumque Cereri necari jubebant; gravius quam in 
 homicidio convictum ; impubem praetoris arbitratu verbe- 
 rari, noxiamque duplione decerni. (Plinius, Histor. Natur.. 
 lib. 18. c. 3.) 
 Fr. 10. (VII. 6.) Qui aedes, aceruumve frumenti juxta do- 
 mum positum combusserit, vinctus verberatus igni necari 
 jubetur ; si modo sciens prudensque id commiserit : si vero 
 casu, id est negligentia, aut noxiam sarcire jubetur, aut, si 
 minus idoneus sit, levius castigatur. (L. 9. D. de Incend. 
 Ruina, Naufrag.) 
 Fr. 11. (11.11.) Fuit et arborum cura legibus priscis, cautum- 
 que est All Tabulis, ut qui injuria cecidisset alienas, 
 lueret in singulas aeris XXV. (Plinius, Hist. Natur. lib. 
 17. c. 1.) 
 Fr. 12. (II. 4.) Si. nox. fvrtvm. factvm. sit. si. im. occisit. 
 
 ivre. CiESvs. esto. (Macrobius, Saturnal. lib. 1. c. 4.) 
 Fr. 13. (II. 8.) Furem interdiu deprehensum non aliter occi- 
 dere Lex XII Tabularum permisit, quam si telo se defen- 
 dat. (L. 54. $2. D. de Furt.) 
 Fr. 14. (II. 5 7.) Ex ceteris autem manifestis furibus liberos 
 verberari addicique jusserunt (sc. Decemviri) ei, cui fac- 
 tum furtum esset, si modo id luci fecissent, neque se telo 
 defendissent : servos item furti manifesti prensos verberi- 
 bus affici et e saxo praecipitari ; sed pueros impuberes 
 praetoris arbitratu verberari voluerunt, noxamque ab his 
 factam sarciri. (A. Gellius, lib. 1 1. c. 18.) 
 Fr. 15. (II. 9.) Concepti et oblati (sc. furti) poena ex Lege XII 
 Tabularum tripli est. Praecepit ( Lex) ut, qui quaerere velit, 
 nudus quaerat, linteo cinctus, lancem habens ; qui si quid 
 invenerit, jubet id Lex furtum manifestum esse. (Gaius, 
 Instit. lib. 3. 191, 192.) 
 
 Fr. 16. (II. 10.) Si. ADORAT. FVRTO. QVOD. NEC. MANIFESTVM. 
 
300 ROMAN ANTIQUITIES. [chap. hi. 
 
 escit. Nec manifesti furti poena per Legem XII Tabu- 
 larura dupli irrogatur. (Festus, v. nec et^ Gaius, Insti- 
 tution, lib. 3. 190. 
 
 Fr. 17. (II. 13.) Furtivam (rem) Lex XII Tabularum usu- 
 capi prohibet. (Gaius, ibid. lib. 2. 45.) 
 
 Fr. 18. (III. 2.) Nam primo XII Tabulis sanctum ; ne quis 
 unciario foenore amplius exerceret. Majores nostri sic 
 habuerunt, itaque in legibus posuerunt, furem dupli dam- 
 nari, foeneratorem quadrupli. (Tacitus, Annal. lib. 6.c. 16. 
 et Cato, de Re Rust, in procem.) 
 
 Fr 19. (III. 1.) Ex causa depositi Lege XII Tabularum in 
 duplum actio datur. (Paulus, Rec. Sentent. lib. 2. tit. 12. 
 11.) 
 
 Fr. 20. (VII. 16.) Sciendum est, suspecti crimen e Lege XII 
 Tabularum descendere. Sed si ipsi tutores rem pupilli 
 furati sunt, videamus an ex actione, quae proponitur ex 
 Lege XII Tabularum adversus tutorem in duplum, singuli 
 insolidum teneantur. (L. 1. 2. D. de Suspect. Tutor, et 
 1. 55. 1. D. de Admin, et Peric.) 
 
 Fr. 21. (VII. 17.) patronvs. si. clienti. fravdem. fecerit. 
 sacer. esto. (Servius ad ViBgilii iEneid. VI. v. 609.) 
 
 Fi. 22. (VII. 11.) Qvi. se. sierit. testarier. libripensve. 
 
 FVERIT. NI. TESTIMONIVM. FARIATVR. IMPROBVS. INTESTA- 
 
 bilisqve. esto. (A. Gellius, lib. 15. c. 13.) 
 
 Fr. 23. (VII. 12.) An putas si non ilia etiam ex XII Ta- 
 bulis de testimoniis falsis poena abolevisset, et si nunc 
 quoque, ut antea, qui falsum testimonium dixisse convic- 
 tus esset, e saxo Tarpeio dejiceretur, mentituros fuisse 
 pro testimonio tam multos, quam videmus ? (A. Gellius, 
 lib. 20. c. 1.) 
 
 Fr. 24. (VII. 13.) Homicidii poena. (Plinius, Histor. Natur. 
 lib. 18. c. 3.) 
 
 Fr. 25. (VII. 14.) Qvi. malvm. carmen, incantassat. ma- 
 lvm. venenvm. (Ibid. lib. 28. c. 2. et 1. 236. pr. D. de 
 Verb, signif.) 
 
 Fr. 26. (IX. 6.) Primum XII Tabulis cautum esse cognosci- 
 mus, ne quis in urbe ccetus nocturnos agitaret. (Porcius 
 Latro Declamat. in Catilinam. c. 19.) 
 
 Fr. 27. (VIII. 2.) Sodales sunt, qui ejusdem collegii sunt. 
 His autem potestatem facit Lex, pactionem quam velint sibi 
 ferre, dum ne quid ex publica lege corrumpant. (L. 4. D. 
 de Colleg. et Corporib.) 
 
 TABULA. IX. 
 
 Fr. 1. (IX. 1.) Vetant XII Tabulae leges privis hominibus 
 irrogari. (Cicero, pro Domo. c. 17.) 
 
 Fr. 2. (IX. 4.) Turn leges praeclarissimae de XII Tabulis 
 translatae duae : quarum altera de capite civis rogari, nisi 
 maximo comitiatu, vetat. (Idem de Legibus, lib. 3. c. 19.) 
 
 Fr. 3. (IX. 3.) Dure autem scriptum esse in istis legibus (sc. 
 
sect. 261.] ROMAN ANTIQUITIES. 301 
 
 XII Tabularum) quid existiraari potest? nisi duram esse 
 legem putas, quae judicera arbitrumve jure datum, qui ob 
 rem dicendam pecuniam accepissc convictus est, capite 
 punitur. (A. Gellius, lib. 20. c. 1.) 
 
 Fr. 4. (IX. 5.) Quaestores constituebantur a populo, qui capi- 
 talibus rebus praeessent : hi adpellabantur quaestores par- 
 ricidii : quorum etiam memiuit Lex XII Tabularum. Ab 
 omni judicio pcenaque provocari licere, judicant XII Ta- 
 bulae. (L. 2. 23. D. de Orig. Jur. et Cicero, de Republ. 
 lib. 2. c. 31. ed. Aug. Maio, Rom. 1822. 4to.) 
 
 Fr. 5. (IX. 7.) Lex XII Tabularum jubet, eum qui hostem 
 concitaverit, quive civem hosti tradiderit, capite puniri. 
 (L. 3. pr. D. ad Leg. Jul. Majestat.) 
 
 TABULA X. 
 
 Fr. 1. (X. 2.) HoMINEM. MORTVVM. IN. VRBE. NE. SEPELITO. 
 
 neve, vrito. (Cicero, de Legibus lib. 2. c. 23. 
 
 Fr. 2. (X. 4. 5.) Hoc. plvs. ne. facito. rogvm. ascia. nf. 
 polito. (Ibid.) 
 
 Fr. 3 et 4. (X. 6. 7.) Extenuato igitur sumptu, tribus riciniis et vin- 
 culis purpurae, et decern tibicinibus, tollit (Lex XII Tabu- 
 larum) etiam lamentationem : Mvlieres. genas. ne. ra- 
 
 DVNTO. NEVE. LESS VM. FVNERIS. ERGO. HABEN TO. (Ibid.) 
 
 Fr. 5. (X. 8.) Cetera item funebria, quibus luctus augetur, 
 XII. sustulerunt : Homini, inquit, mortvo. ne. ossa. le- 
 gito. qvo. post.fvnvs. faciat. Excipit bellicam peregri- 
 namque mortem. (Cicero, de Legibus, lib. 2. c. 24.) 
 
 Fr. 6. (X. 9. 10.) Haec praeterea sunt in Legibus de unctura, 
 quibus servilis unctura tollitur omnisque circumpotatio : 
 quae et recte tolluntur, neque tollerentur nisi fuissent. Ne 
 sumtuosa respersio, ne longae coronae, nee acerrae praeter- 
 eantur. (Ibid.) 
 
 Fr. 7. (X. 11.) Inde ilia XII Tabularum lex : Qvi. coronam. 
 
 PARIT. IPSE. PECVNIAVE. EIVS. VIRTVTIS. ERGO. DVITOR. EI. 
 
 Quam servi equive meruissent, pecunia partam lege dici 
 nemo dubitavit. Quis ergo honos ? Ut ipsi mortuo pa- 
 rentibusque ejus, dum intus positus esset, forisve ferretur, 
 sine fraude esset imposita. (Plinius, Histor. Nat. lib. 
 21. c. 3.) 
 
 Fr. 8. (X. 12.) Ut uni plura fierent, lectique plures sterneren- 
 tur, id quoque ne fieret Lege sanctum est. (Cicero, al. 1.) 
 
 Fr. 9. (X. 13.) Neve, avrvm. addito. qvoi. avro. dentes. 
 
 VINCtl. ESCVNT. AST. IM. CVM. ILLO. SEPELIRE. VREREVE. 
 SE FRAVDE. ESTO. (Ibid.) 
 
 Fr. 10. (X. 14.) Rogum bustumve novum vetat (Lex XII Ta- 
 bularum) propius sexaginta pedes adjici aedes alienas in- 
 vito domino. (Ibid) 
 
 Fr. 11. (X. 15.) Quod autem forum id est vestibulum sepul- 
 chri, bustumve usucapi vetat (sc. Lex XII Tabularum) 
 tuetur jus sepulchrorum. (Ibid J 
 
302 ROMAN ANTIQUITIES. [chap. hi. 
 
 TABULA XI. 
 
 Fr. 1. (XI. 2.) Hoc ipsum, ne connubium patribus" cum plebe 
 esset, non decemviri tulerunt ? (Livius. lib. 4. c. 4.) 
 
 TABULA XII. 
 
 Fr. 1. (XII. 1.) Lege autem introducta est pignoris capio, 
 velut Lege XII Tabularum adversus eum, qui hostiam 
 emisset, nee pretium redderet ; item adversus eum, qui 
 mercedem non redderet pro eo jumento, quod quis ideo 
 locasset, ut inde pecuniam acceptam in dapem, id est in 
 sacrificium impenderet. (Gaius, Institution, lib. 4. 28.) 
 
 Fr. 2. (XII. 4.) Nam in Lege antiqua, si servus sciente do- 
 mino furtum fecit, vel aliam noxam commisit, servi nomine 
 actio est noxalis, nee dominus suo nomine tenetur. Si. 
 
 SERVVS. FVRTVM. FAXIT. NOXIAMVE. NOCVIT. (L. 2. $ 1. 
 
 D. de Noxal. Action.) 
 Fr. 3. (XII. 3.) Si. vindiciam. falsam. tvlit.... si. velit. 
 
 IS.... TOR. ARBITROS. TRES. DATO. EORVM. ARBITRIO.... 
 FRVCTVS. DVPLIONE. DAMNVM. DECIDITO. (FestUS, V. VlTl- 
 
 dicceS) 
 Fr. * 4. (XII. 2.) Rem, de qua controversia est, prohibemur in 
 
 sacrum dedicare ; alioquin dupli poenam patimur. (L. 3. 
 
 D. de Litigios.) 
 Fr. 5. (XI. 1.) In XII Tabulis legem esse, ut, quodcumque 
 
 Eostremum populus jussisset, id jus ratumque esset. (Liv. 
 7. c. 17.) 
 
 262. Roman laws, therefore, were either those of the 
 Twelve Tables, those enacted by magistrates in virtue 
 of their office, jure honorario, those sanctioned by the 
 practice of courts of law or the authority of counsel- 
 lors, prudentes, and those contained in the decrees 
 constitutiones, of emperors. The ancients sometimes 
 include all these under the term jus civile ; sometimes 
 all except those enacted jure honorario, and sometimes 
 the term is restricted to those sanctioned by the prac- 
 tice of the courts, disputatio fori, and by the authority 
 of counsellors l . Hence, in the jus civile of the Romans 
 we may distinguish, law properly so called, plebiscita, 
 senatus consult a , disputationes fori, responsa pruden- 
 tum, principum rescripta, constitutions. 
 
 Laws were enacted or sanctioned by the people at 
 
sect. 262.] ROMAN ANTIQUITIES. 303 
 
 the comitia curiata and centuriata, in the method which 
 I have described ( 159 and following paragraphs); pie- 
 biscita were made by the plebs, on the proposition of a 
 magistrate of their own order. It is a question how far 
 decrees of the senate ( 177) are to be considered as 
 sources of the civil law, and even whether they always 
 were so considered during the freedom of the city. 
 Bach and Hugo decidedly consider them as such 2 . 
 The law, lex, was binding on both ranks ; plebiscita 
 were binding only on the plebeians until the Lex Ho- 
 ratia ( 170). Edicts were either urban or provincial; 
 both kinds were liable to be issued on extraordinary 
 occasions, repentina, temporaries, or at stated sea- 
 sons, such as the annual edicts of the praetors ; these 
 latter were intended to have a permanent duration, the 
 former merely for the occasion that produced them. 
 The disputatio fori is mentioned by Pomponius 3 alone 
 among the ancients, in an obscure passage; some under- 
 stand by it a rule decided on by a meeting of counsel- 
 lors 4 , others rules laid down by precedents 5 . Responsa 
 prudentum* were, decisions given on questions proposed 
 to counsellors, jureconsulti ; rescript a principum, de- 
 cisions given by the emperors in answer to questions 
 for advice. Constitutiones, decrees, were either gene- 
 ral, edicta, or particular, mandata, decreta, to which 
 class may be referred rescripta principum 7 . 
 
 1) Cf. Mackeld. 32. For the use of this term, see Cic. pro 
 Caec 2 : " Ut non de improbitate s. iEbutii sed de jure civili judi- 
 cium fieri videretur, ;" cf. also Liv. 9, 46, " civile jus evulgavit." 
 2) See Bach. Hist. Jurispr. 1. 2. c. 2. s. 2. 1 ; Hugo Gesch. d. 
 R. R. 59 and 166. 3) Fr. 2. 5. Digg. 1, 2. 4) Generally 
 supposed to be held in the temple of Apollo, from the allusion con- 
 tained in Hor. Sat. 1. 9, 78, and Juven. 1, 128: " Forum jurisque 
 peritus Apollo." 5) Cf. Bach. ib. sect. 5. 1. sqq. ; Hein. Synt. 
 1, 2, 35 ; Mackeld. loc. cit. supposes that the term disputatio fori is 
 equivalent to plaidoyer, special pleadings. Cf. Dirksen Versuche, 
 p. 211. 6) Caj. Instit. 1, 7 : " Responsa prudentum sunt sen- 
 tentias et opiniones eorum, quibus permissum est jura condere. 
 Quorum omnium si in unum sententiae concurrant, id, quod ita sen- 
 tiunt, legis vim obtinet ; si vero jjissentiunt, judici licet, quam velit, 
 
304 ROMAN ANTIQUITIES. [chap. hi. 
 
 sententiam sequi, idque rescripto Divi Adriani significatur. 7) Cf. 
 Mack. 47. 
 
 TRIALS. 
 
 263. Under the title Administration of Justice, I 
 shall include trials of public and private cases, judges, 
 the method of suing at law, legis actiones, and punish- 
 ments. 
 
 Trials were divided into judicia privata, lawsuits 
 between individuals, and publica, state trials in criminal 
 cases; though all crimes were not tried by public, id est, 
 popular judgment, merely such as the law directed to be 
 so tried, or crimes highly injurious to the safety of the 
 state. Other offences were tried by magistrates in par- 
 ticular courts, judiciis privatis. 
 
 Trials by the people, judicia publica ( 196), were 
 originally held only on extraordinary occasions, on which 
 the people, (as at the trial of Horatius, Liv. I. 26.), or 
 the kings, afterwards the consuls, finally the people 
 alone, sat in judgment, at the comitia curiata at first, 
 then at the comitia centuriata or tributa, or as- 
 signed judges to try the matter, to which are to be 
 referred the qucestores parricidii 4 , according to Pom- 
 ponius 5 , mentioned even in the XII Tables. At the 
 commencement of the seventh century (A. U. C), 
 cases constantly occurring, particular judges, prcetores, 
 were appointed to try particular cases, and trials 
 were continually carried on : still, extraordinary cases 
 were reserved for the judgment of the people. Hence 
 the distinction of public trials into ordinary, those 
 tried before praetors ; and extraordinary, those tried by 
 the whole people ; but there is a great difference of 
 opinion concerning this division of them 6 . Among the 
 most memorable decisions of the people 7 are those re- 
 corded in favour of Horatius under the kings, against 
 Coriolanus during the Republic, against Spurius Cas- 
 sius 9 , Camillus, Manlius Capitolinus, Claudius Pulcher 10 , 
 
sect. 264.] ROMAN ANTIQUITIES. 305 
 
 Scipio Africanus 11 , C. Claudius and Titus Sempronius 
 censors 12 ; and after the introduction of permanent 
 courts, qucestiones perpetuce, L. Opimius 13 and Cicero. 
 
 1) Cf. Cic. pro Caec. 2. 2) A foolish reason is given, Institt. 4, 18 : 
 " Publica autem dicta sunt, quod cuivis expopulo executio (?) eorum 
 plerumque datur." Upon which see the note of Vinnius. 3) See 
 Institt. 4, 18, and 1. 1. Bigg, de Publ. Judic. ; Hein. Synt. 4, 18, 1. 
 sqq. 4) On this word cf. Fest. : " Parici quaestores adpellaban- 
 tur, qui solebant creari causa rerum capitalium quaerendarum ; nam 
 parricida non utique is, qui parentem occidisset, dicebatur, sed 
 qualeracunque hominem." He adds that it was confirmed by a law 
 of Numa. enacting, " Siquis hominem liberum dolo sciens morti 
 duit, paricida esto." 5) Digg. 1, 2, 23. 6) Cf. Hein. 4, 18, 2. 
 7) Cf. Beauf. v. 2. p. 62. 8) Cf. Dionys. lib. 7 ; Liv. 2, 35. 
 
 9) Liv. 2, 41. 10) Liv. Ep. 1. 19. 11) Liv. 38, 50. sqq. 
 
 12) Liv. 43, 16. 13) Liv. Ep. 1. 61. 
 
 264. The principal cases tried by public trial were, 
 charges of high treason, offences against the dignity of 
 the Roman people, crimen majestatis, afterwards ap- 
 plied only to offences against the person of the em- 
 peror 1 : of rebellion, perduellio ; the crime of plotting 
 against the state, or being suspected of so doing : also 
 charges brought by provinces against their governors 
 to recover money extorted, repetundarum crimina; 
 charges of embezzlement of public money, peculatus; 
 of bribery at elections, ambitus ( 184); public and pri- 
 vate assaults; murder, parricidium, according to the 
 lex Pompeia 3 , that of a near relative or of a patron 4 ; 
 charges of poisoning; of assassination 6 ; of forgery, 
 whether falsification of a will or of public deeds, or 
 coining of money, to which refers the lex Cornelia de 
 falsis 6 ; of kidnapping a man or slave, plagium, whence 
 plagiarius 7 ; finally, charges of adultery. 
 
 Originally, four courts were assigned for the trying 
 of ordinary public cases, afterwards their number was 
 increased, and also that of the praetors ( 196); how- 
 ever, they were not each restricted to one particular 
 class of cases ; if necessary, the same praetor presided 
 
 x 
 
306 ROMAN ANTIQUITIES. [chap. hi. 
 
 at two, or one class was allotted to two praetors ; a share 
 of the cases, by order of the senate, was undertaken by 
 the praetor peregrinus and praetor urbanus 8 . 
 
 1) Tac. Ann. 1, 72: "Nam legem majestatis reduxerat ; cui 
 nomen apud veteres idem, sed alia in judicium veniebant : si quis 
 proditione exercitum, aut plebem seditionibus, denique male gesta 
 republica majestatem populi minuisset." 2) Cf. Cic. pro Caec. 2 ; 
 Hein. 4, 18, 66. 3) See Paul. Sent. Rec. 5, 54. 4) See 
 
 263. loc. Festi. 5) See Paul. Sent. Rec. 5, 23. 6) Sec Cic. 
 Verr. 1 , 42, where this law is called testamentaria and numaria ; 
 Hein. 4, 18, 63 and 64. 7) Ulp. Pandd. 21, 1. 17. 7. It is used 
 of literary theft; Mart. 1,53, 9; " Impones plagiario pudorem." 
 8) Cf. Beauf. vol. 2. p. 96, sqq. 
 
 265. Judges called judices quastionis 1 , and also 
 principes judicum, relieved the praetors from their 
 overburdening duties : much obscurity attends the 
 nature of their offices ; some writers even confound them 
 with the praetors and quaesitors 2 (275): some even 
 question whether they were magistrates 3 . However, 
 this seems pretty well ascertained, namely, that they 
 were elected by the votes of the people, and chiefly from 
 men who had been aediles 4 : we may imagine that there 
 were two classes of them, as we find them deciding 
 cases, sometimes by their own authority, sometimes 
 under the direction of the praetor 5 ; examining wit- 
 nesses, allotting judges, and discharging duties inferior 
 to those of the praetor, and frequently taking his place 
 when absent or otherwise engaged. 
 
 Besides the judex quaestionis, there was at ordinary 
 trials a bench of assistants, assessores, whose number 
 was defined by law in every case, and by whose advice 
 the praetor passed sentence. A trial was conducted 
 with great ceremony ; round the tribunal stood a 
 numerous crowd of sergeants, apparitores 6 ( 195), 
 secretaries, lictors, and lookers-on, interested for one 
 party or the other 7 . The Forum and Campus Martius 8 
 were the usual places for trying extraordinary public 
 cases ( 275), any forum for ordinary ones. The ac- 
 
ect. 267] ROMAN ANTIQUITIES. 307 
 
 cused was styled reus ; the accuser, accusator ; and the 
 action accusatio. 
 
 1) Cf. Suet. Caes. 12; Cic. in Vat. 14; Beauf. v. 2. p. 97. 
 2) See Hein. 4, 18, 15. 3) Cf. Beauf. p. 100. 4) Cf. Cic. 
 
 pro Cluent. 29. 5) Cf. Cic. Verr. 1, 61. pro Cluent. 27, 29. 33, 
 54. 6) Cf. Cic. pro Cluent. 53. 7) Cf. Cic. ad Q. Fratr. 2, 
 
 3. 8) Cf. Liv. 6, 20. 
 
 266. At Rome a praetor urbanus or peregrinus 
 ( 190) presided at lawsuits or private cases, assisted by 
 judges, though not in all cases ( 196). In the provinces 
 the governor presided at trials of public cases. 
 
 Private actions were those brought for theft, such as 
 thefts by day, by night, evident theft, attempted, suc- 
 cessful or frustrated, etc. ; robbery and pillage, personal 
 injury, or defamation, or libel ; loss and damage ; fraud 
 or swindling, to which the lex Aquilia de dolo malo 
 applies 1 , etc. He who brought the action, the plaintiff, 
 was properly termed petitor, the defendant unde pe- 
 titur 2 , the action brought petitio. The magistrate 
 passed sentence either de piano, or from the bench, tri- 
 bunal ( 195). 
 
 1) Cf. Cic. de Off. 3, 14 ; de N. D. 3, 30. 2) Cf. Cic. ad 
 
 Div. 7, 11; de Orat. 1,37. 
 
 OF JUDGES. 
 
 267. I have already said that the kings were the 
 supreme judges ( 260) : they either sat in judgment 
 alone, or, when they thought fit, called to their assist- 
 ance men chosen by themselves, or assigned them causes 
 to try, most probably private cases : the very fact ar- 
 gues that these were selected from the senators always 
 or generally *. The consuls, magistrates invested with 
 royal authority, undoubtedly followed the example of 
 the kings ; and the praetors, who were appointed their 
 substitutes in private cases, afterwards chose judges to 
 
 x2 
 
308 ROMAN ANTIQUITIES. [chap. ii. 
 
 try such cases as were in their province from among the 
 senators, or at least from among the chief men of the 
 city 2 ; the numher of citizens from among whom they 
 might be selected not being then fixed by law, I sup- 
 pose. Towards the end of the fifth century from the 
 foundation of the city, we find decemviri appointed as as- 
 sistants to the praetor in trying cases 3 ; not, however, for 
 all cases, but chiefly the most serious or complicated, 
 such as were called causae cognitionis. Soon after, 
 about the year 520. U. C. the judicium centumvirale 
 was instituted, consisting of one hundred and five men 4 , 
 three from every tribe, without any distinction that we 
 know of, on account of rank. A passage in Cicero 
 distinctly proves that this court had cognizance only of 
 private cases 5 ; I suspect that I can perceive in certain 
 passages that it tried public cases under the emperors 6 . 
 Concerning their jurisdiction in private cases, consult 
 Suet. Vespa. 10. and Plin. Ep. II. 14. VI. 33. After the 
 time of Augustus, the centumviri were one hundred and 
 eighty in number 7, divided into four committees, whence 
 the expression judicium quadruplexK According to 
 Bach this division took place before the time of the Cae- 
 sars. These committees, presided over by the decemviri, 
 ( 195) were assembled by the praetor, two or more 
 together, according to the importance of the case 10 . 
 Trials were held at a tribunal, with a spear set up near 
 it 11 , and frequently rendered of an imposing nature by 
 the zeal of the pleaders and the concourse of specta- 
 tors 12 . 
 
 1) Cf. Dionys. 2, 29. 4, 25. 2) Cf. quod IX Tabulae (p. 254.) 
 faciunt : " Si judex arbiterve jure datus ob rem judicandam pecu- 
 niam accepsit, capital esto." 3) L. 2. 29. de Or. Jur. : " De- 
 
 inde quum esset necessarius magistrates, qui hastae praeessent, 
 decemviri in litibus judicandis sunt constituti." 4) See Fest. in 
 
 centumviralia judicia. 5) Cic. de Orat. 1, 38 : " Nam volitare 
 
 in foro, haerere in jure ac praetoruin tribunalibus, judicia privata 
 magnarum rerum obire, in quibus saepe non de facto, sed de aequi- 
 tate acjure certetur, jactare se in causis centumviralibus, in quibus 
 
sect. 268.] ROMAN ANTIQUITIES. 309 
 
 usucapionum, tutelaruni, gentilitatum, agnationum, alluvionum, 
 circumluvionum, nexorum, mancipiorum, parietura, luminum, stilli- 
 cidiorum, testamentorum ruptorum, ceterarumque rerum innumera- 
 bilium jura versentur, cum omnino, quid suum, quid alienum, quare 
 denique civis, an peregrinus, servus, an liber quispiam sit, ignoret 
 (-es ?), insignis est imprudentiae (al. impudentiae). 6) Cf. Plin. 
 Ep. 1, 18. 5, 21 ; Quint. 12, 5, carmen in Pisonem v. 41 ; Stat. Sylv. 
 4,4,43. 7) Plin. 6,33. 8) See Plin. 1. 18; Quint. 12, 5. 
 9) Bach, 2, 1, 29. 10) Cf. Plin. 1, 18. 5, 21. 11) Hence 
 
 the court itself was called hasta, as, Decern citat hasta virorum," 
 Carmen in Pis. 1. c. : " Hunc miratur adhuc centum gravis hasta 
 virorum." Mart. 7, 62, 7 : " Cessat centeni moderatrixjudicis hasta." 
 Stat. Sylv. 4, 4, 43 ; cf. Val. Max. 7, 8, 4 ; Suet. Aug. 36. 12) Cf. 
 Plin. 6, 33. 
 
 268. In less important cases, such as those termed 
 stricti juris l 9 in which the question to be decided re- 
 garded a fact merely, not a right, or privilege, or ques- 
 tion of law, decemvirs did not preside, and the praetor 
 appointed either a judge from the list on his album, 
 (one of those termed selecti ( 270),) to try the case, or 
 an umpire, and the case was then said to be one of 
 equity, bonce fidei-\ or else he appointed commissioners, 
 recuperatores ; umpires, whose decisions were of more 
 authority than that of the judges, were appointed only 
 at the request of the parties 3 ; the praetor gave the 
 judges a written form of directions for their guidance 
 ( 27S) A , It is difficult to say what cases were allotted 
 to judges and commissioners respectively 5 ; the opinions 
 of the learned are divided on the subject 6 : perhaps 
 the difference consisted in the commissioners always 
 being more than one, which is well ascertained, and by 
 some supposed to have constituted the distinction. 
 
 1) See Hein. 4, 6, 36. 2) See Hein. 4, 6, 39. 3) Cf. 
 
 Fest. in arbiter ; Cic. pro Rose. com. 4 ; Sen. de Benef. 3, 7. 
 4) Cf. Sen. ib. 5) Cf. Cic. Verr. 3, 11 ; Gell. 21, 1. 6) Ever. 
 Dupont (Disquiss. in comment. IV. Instit. Gaii, p. 118.) " Recu- 
 peratores dabantur, plures quidem ubi statim statuendum erat, 
 quantum praestandum esset, et eo saepius, quod contra praetoris 
 edictum aliquid factum fuisset. Veri simile est, hos non desumtos 
 fuisse inter judices in albo designatos, sed inter cives quoscunque, 
 etc." The difficult nature of the subject is apparent from the doubt 
 expressed by so learned a man. 
 
310 ROMAN ANTIQUITIES. [chap. hi. 
 
 269. It seems evident that originally judges were 
 always selected from the senators, for trying public 
 cases. After the appointment of permanent courts we 
 see that this always was the case until about the year 
 630 from the foundation of the city, when C. Gracchus 
 brought in a law by which public cases were tried be- 
 fore the equites ( 137), the injustice of the senate's 
 decisions having long been notorious; the venality of 
 the equites caused them afterwards to be assigned to 
 judges chosen from all classes 1 of citizens, including even 
 the plebeians. From that time fifteen (query five) are said 
 to havebeen chosen from each tribe as centumviri. Af- 
 terwards Sylla, when dictator, assigned these cases to the 
 senate, and soon after they were finally assigned to the 
 three ranks, senators, knights, and plebeians, by the 
 lex Aurelia (a. 684), which added to the judges of the 
 two former classes the tribunii aerarii from the plebeian 
 class ( 213) ; these were afterwards excluded by Caesar 2 
 when dictator. It is uncertain what was abrogated 
 from the lex Aurelia, by the lex Pompeia of Pompey 
 the Great 3 . From this period we find the judges di- 
 vided into senatorial, equestrian, and plebeian 4 . Au- 
 gustus afterwards restored the plan altered by Julius 
 Caesar and M. Antony. He added a fourth decuria to 
 their number, and Caligula 5 a fifth ( 270), confined to 
 the trial of private cases ; the nature and conduct of 
 public cases was altogether changed under the em- 
 perors. 
 
 1) The leges Servilise apply to this, viz. that of Coepio, by which 
 judges were to be selected from both classes ; that of Glaucia, ap- 
 pointing them to be chosen from the equites, the lex Livia of Dru- 
 sus, directing their selection from the senators, and the lex Plotia, 
 (anno 665, cf. Bach. 1. 2. c. 2. 70), directing their being selected 
 from both classes. 2) According to Suetonius, Caes. 41. 3) See 
 Bach. 1. 2. c. 2. 79 and 87. 4) Cf. Cic. Verr. I.e. ult, pro 
 Cluent. 37. ad Att. 1, 16; ad Q. fratr. 2, 6; Suet. Claud. 15. 
 5) Cf. Suet. Aug. 32 ; Calig. 16. 
 
 270. The selection of judges in private as well as in 
 
sect. 270.] ROMAN ANTIQUITIES. 311 
 
 public cases belonged to the urban praetor 1 , who entered 
 on a list j judicum album, the names of those liable to 
 act as judges for the year ; he was sworn to choose 
 none but the most worthy 2 ; he classed them also into 
 decuriae, and assigned particular species of cases to 
 each ; the praetors appointed to preside at trials chose 
 by lot from among these the number required by the 
 law, the right of challenging those suspected of par- 
 tiality was granted both to the plaintiff and defendant 3 ; 
 hence the expressions, sortiri, judices ; rejectio; sub- 
 sortiri ; subsortitio, etc. I know not whether by the 
 lex Aurelia the praetor was deprived of the right of 
 selecting the judges to try public cases; it left him at 
 least the right of classing them, and allotting them their 
 different departments. 
 
 Among the judges we meet with some termed selecti 4 , 
 and this term I am inclined to apply to a portion only, 
 not to all of those registered on the album praetoris, 
 though a passage in Seneca and one in Cicero rather 
 lead us to apply it to the whole list. Otherwise why 
 should any be termed select, when it is well known that 
 all were chosen by the praetor from among those qua- 
 lified to be judges. Under the emperors, as we learn 
 from Pliny 5 , the select judges were certainly different 
 from the rest, as he divides them into three decuriae, 
 one of tribuni aerarii, another of select judges, an- 
 other of other judges : none of these, I think, were of 
 senatorial dignity: besides these, he says, that some 
 " etiamnunc nongentos esse vocatos ex omnibus selec- 
 tos ad custodiendas cislas suffragiorum in comitiis" 
 ( 166); by ex omnibus! think he means the three 
 decuriae just mentioned. This passage and all the 
 others in that chapter on the equestrian order and the 
 judges, though wonderfully obscure, still evidently 
 make a distinction between the selecti judices and 
 others. 
 
312 ROMAN ANTIQUITIES. [chap. hi. 
 
 We have now seen how far rank was regarded in 
 the selection of judges; and that those chosen from 
 the plebeians were men of the greatest wealth. The 
 smallest income that could qualify them was two hun- 
 dred sestertia, requisite for election into the fourth de- 
 curia formed by Augustus ( 269) , as is imagined from 
 their title ducenarii. The age requisite, first fixed when 
 the equites composed the body of judges, was five and 
 twenty, and till sixty ; but Augustus appointed judges 
 twenty years of age 6 . The office of a judge, though 
 honourable, was burdensome and compulsory 7 , yet ex- 
 emption and leave of absence were granted on various 
 accounts 8 . 
 
 1) Cf. Hein. 4, 17, 2, and 4, 18, 16. For the practice in the 
 times of the Caesars, Gell. 14, 2. 2) Cf. Cic. pro Cluent. 43 ; Hor. 
 Sat. 1, 4, 122. 3) Cf. Cic. Verr. 1, 6, 61 ; Hein. 4, 18, 23. 
 4) Ovid. Amor. I, 10, 38; Trist. 2, 132; Sen. de Benef. 3, 7; 
 Plin. 33, 2 ; Cic. Verr. 2, 13 ; Idem pro Cluent. 43 : " Praetores ur- 
 bani, qui jurati debent optimum quemque in selectos judices referre, 
 nunquam, sibi ad earn rem censoriam ignominiam impedimento esse 
 oportere, ;duxerunt. 5) Plin. 33, 2. 6) Suet. Aug. 32, 
 
 where for tricesimo some read vicesimo. 7) Suet. Aug. 32 : 
 
 " Vix concessit, ut singulis decuriis per vices annua vocatio esset." 
 8) Cf. Suet. Claud. 15, Plin. Ep. 10, 66 ; and tbe Chapters of the 
 Digests, dejudiciis ; de Vacat. et Excus. Mun. ; de Mun. et Hon. 
 
 ON THE METHOD OF PROCEEDING AT LAW. 
 
 271. In the earliest times, the patricians, more espe- 
 cially the Pontifices ( 318), (being the only persons 
 who had any knowledge of the law,) in accordance 
 with the institutions of Romulus, assisted their 
 clients with their advice, and explained to them the 
 state of the law, de jure respondebant ; the presence 
 of the parties at law being then necessary, except in 
 the case of a slave, a ward, or where the whole people 
 was either plaintiff or defendant ; and at that time every 
 man pleaded his own cause (See Hein. iv. 10, 2. 
 Dupont Disquis. p. 210). They therefore first intro- 
 duced the legal modes of suing 1 comprehended under 
 
sect. 271.] ROMAN ANTIQUITIES. 313 
 
 the title 2 legis actiones 3 ; these forms and customs were 
 adopted in other formal practices belonging to what 
 Dupont terms voluntaria jurisdictio (Disquis. p. 10), 
 such as deeds of cessio injure ( 90), vindicta, emanci- 
 pate, adoptio, tutela cessitia ( 112). In respect to 
 trials these forms have reference either to the bringing 
 of the action, in jus vocatio, or else to the rule, actio, 
 to be granted by the praetor, and to the things to 
 be furnished or performed by the plaintiff ( 266), 
 defendant, or by both ; partly also to the cognizance of 
 the cause or action, and the appointment of the trial by 
 the praetor. Moreover, of these set forms and acts 
 some were applicable only to one species of action or 
 lawsuit, others we may feel sure were applicable to 
 all kinds. Caius mentions five distinct methods of 
 bringing actions against any person : he says, " Lege 
 autem agebatur modis quinque : sacramento ; per judi- 
 cis postulationem ; per condictionem ; per manus injec- 
 tionem; per pignoris capionem." These, then, were 
 the different methods, legis actiones, observed in 
 bringing an action and going to law with any one 4 . 
 
 1) Cf. Mackeld. 33. 2) Caius 4, 1 1, says they are so termed 
 either because before edicts were wont to be published by 
 praetors they were legibus proditce, or because ipsarum legum ver- 
 bis accommodates erant, et ideo immutabiles proinde atque leges 
 observabantur. 3) The use of the word actio is very frequent, 
 and very variously applied in law writers. We must be careful not 
 to confound the use of the term actio, in such expressions as actio- 
 nem petere (a praitore,) postulare, meaning the rule applied for, or 
 the leave to bring such and such actions applied for, with the pre- 
 scribed method of proceeding at law ; in this case the term legis actio- 
 nes does not answer to the Latin term procedura. (Cf. Gell. 16, 10.) 
 The Institutiones Caii, discovered in our days, have greatly tended 
 to elucidate these legis actiones ; his work has been referred to 
 with approbation in many places in this work : Dupont, in his learned 
 commentary upon the subjects treated of by Caius, says, (p. 6,) 
 " Legis actiones sunt formae solennes agendi injure, legibus Roma- 
 norum antiquissimis proditae, certisque verbis celebrandae coram 
 magistratu ab iis, qui ex lege aliqua jus suum persequuntur. In 
 legis actionibus non solum continentur, uti vulgo existimant inter- 
 pretes, verborum conceptions, quibus actio exprimitur, sed ipsi 
 
314 ROMAN ANTIQUITIES. [chap. hi. 
 
 actus solennes, diversi litis processus, perquos agitur ad judicium seu 
 instituendum seu exequendura auctoritate praetoris, apud quem erat 
 etjurisdictio et imperium (v. 183). Legis actionesnon spectant 
 ea, quae in judicio, sed ea, quae in jure ad litem cognoscendam 
 coram praetore celebrantur." 4) See Dupont. p. 14, sqq. 
 
 27 l a . Sacr amentum was so called from the deposit 
 laid down by the litigants being destined, sacrum 1 , to 
 the treasury, to be expended in providing sacred 
 things ; for the sum deposited by the party who lost 
 his cause was forfeited to the treasury ; the party who 
 gained his cause recovered his deposit 2 . The law 
 forbade procedure by this method in certain cases 3 ; 
 however, it was practised in actions against a person 
 or against his property. The same kind of action 
 brought by the method of sponsio, as we learn from 
 Dupont, was different, for in an action brought per 
 sponsionem the sum deposited was not fixed by law, 
 and was forfeited not to the treasury, but to the party 
 who gained the cause, whence the term sponsio, a 
 wager. The object, however, of the practice in both 
 cases was the same, viz. to prevent rash litigation. The 
 practice of pleading rejoinders, vindicice^, belonged to 
 the method of suing a person's property per sacra- 
 mentum ; this is a remarkable species of proceeding, 
 and to it refer the expressions, ex jure manum, v. ma- 
 nu consertum, and vindicatio (see p. 280), which Du- 
 pont says mean the same thing, (p. 17.) 
 
 1) Varro de L. L. 1. 4. p. 42 ; cf. Cic. de Rep. 2, 35. 2) The 
 amount of the deposit, sacr amentum, was, for things above the value 
 of 1000 asses, 500 asses ; for things under this value, 50 asses (Caius 
 4, 14). In the time of Caius the deposit required at a trial before 
 the centumviri was 125sertertii (Caius 4, 95). 3) Caius 4, 13. 
 4) In explanation of this, Caius says (4, 16) : If the action at issue 
 regarded property, then moveables and cattle, etc., moventia, 
 which could be produced in court, were claimed by the parties in 
 the following manner : the claimant held a staff, and then laid hold 
 of the thing claimed, as for instance, a person, and said " Hunc ego 
 hominem ex jure quiritium meum esse aio secundum suam causam, 
 sicut dixi, ecce tibi vindictam imposui ;" and at the same time laid 
 
sect. 271V] ROMAN ANTIQUITIES. 315 
 
 the staff on the person. The opponent did and said likewise. 
 When both had claimed, the praetor said : " Mittite ambo hominem ;" 
 they then let go their hold ; and he who had first asserted his claim 
 asked the other thus : " Postulo anne dicas qua ex causa vindica- 
 
 veris;" he answered " Sicut vindictam imposui ;" then he who 
 
 had first claimed said : " Quando tu injuria vindicasti, D. aeris Sa- 
 cramento te provoco ;" the opponent also said, " Similiter ego te ;" 
 or else they fixed the deposit at fifty asses. Certain other forms 
 followed if it was a suit brought against an individual. Afterwards 
 the praetor secundum alterum eorum vindicias dicebat ; that is to 
 say, appointed for the mean time one as owner of the property dis- 
 puted, and ordered him to give his opponent security for the pro- 
 perty and its proceeds, litis et vindiciarum ; the praetor himself 
 took securities for the sacramentum from both, because it was to be 
 forfeited to the public. As for the rod or staff, festuca, which they 
 used, it was intended to represent a spear, the symbol of lawful pos- 
 session, for the Romans thought that what they had taken from an 
 enemy (by the spear), they had the best right in possessing. Hence 
 the spear set up before the courts of the centumviri. 17. If thepro- 
 perty disputed was of such a nature that it could not without incon- 
 venience be brought into the court, such as a pillar or a flock of 
 cattle, a part only was produced, and that part was dealt with as 
 though it had been the whole. Thus of a flock, one sheep or goat, 
 or even a single lock of wool was produced in court; of such 
 things as a ship or a pillar a small portion was broken off. In like 
 manner, if it was a farm or buildings, a clod from the land or a tile 
 from the roof was produced to represent them. 5) See Gell. 20, 
 10; Cic. de Orat. 1, 10; pro Muraena 14. 
 
 271 b . Judicis postulatio, application for a judge to 
 try the case, was hardly ever made until the action had 
 been laid in some preliminary form, such as per .sacra- 
 mentum; this is the opinion of Dupont, inasmuch as 
 after the mutual compact of the parties, certs Sacramento, 
 a judge was required ; yet not always, for sometimes the 
 praetor himself gave judgment, sometimes the defendant 
 pleaded guilty ; and Dupont suspects that Caius classes 
 judicis postulatio among the legis actiones, because 
 though sometimes used, it was not always employed ; 
 he seems not to have treated separately of it 2 . 
 
 By the form condictio, in bringing an action against 
 a person 3 , actor adversario denuntiabat ut adjudicem 
 capiendum die XXX adesset 4 . So says Caius, 4, 18, 
 who informs us that this species of action was intro- 
 duced by the laws Silia and Calpurnia: by the first, in 
 an action brought to recover a definite sum of money ; 
 
316 ROMAN ANTIQUITIES. [chap. hi. 
 
 by the latter, extended to the recovery of any de- 
 fined and determinate property ; and he says that we 
 may well inquire, quare desideratas it quum de eo, 
 quod nobis dari oportet, potuerimus sacramento aut 
 per judicis postulationem agere. But how it can be 
 thought superfluous, if it is of a different nature from 
 these modes of proceeding, I cannot well understand. 
 For, omitting some other considerations which Dupont 
 acutely brings forward, we may well suppose that a 
 person would find it convenient to proceed by condictio, 
 as the deposit of the sacramentum was not therein re- 
 quired. 
 
 1) Perhaps however the remark of Caius 4, 20 : " sacramento aut 
 per judiciis postulationem agere," authorises us in supposing that 
 condictio could be proceeded by without them. 2) A lost por- 
 tion of the MS. prevents our concluding on this point with certainty . 
 3) See Dupont, p. 26. 4) Caius adds that in his time no action 
 brought against an individual was properly called indictio, if an 
 action qua intendimus, dari nobis oportere ; for that no claim or 
 summons was made by this method. 
 
 27 l c . Caius says that persons proceeded per manus 
 injectionem 1 , in cases in which the law directed, ut ita 
 ageretur, velut judicati lege XII Tabular urn, and that 
 the form prescribed was : quod mihi judicatus es sive 
 damnatus es sertertium X millia, quce dolo malo non 
 solvisti, ob earn rem ego tibi sertertium X millia judi- 
 cati manus injicio ; and the person who said so, at the 
 same time laid hold of some part of his adversary's 
 body, and that it was not allowed, judicaio manum sibi 
 depellere et pro se lege agere ; but he was allowed to 
 produce a person as surety, qui pro se causam agere 
 sit soliius; he who could not produce such a person 
 might be taken home by his accuser, and bound. Caius 
 proceeds to say, that several subsequent laws allowed 
 this method of bringing an action ex aliis quibusdam 
 causis, in quosdam ; among these the lex Publilia au- 
 thorised its adoption against one who had not repaid 
 within six months what was laid down by his surety ; 
 
sect. 271.] ROMAN ANTIQUITIES. 317 
 
 and the lex Furia against him who had exacted plus 
 quam virilem partem a sponsore. He also states 2 that 
 the law allowed quasdam actiones per manus injectio- 
 nem, sedpuram, i. e, non projudicato, 4, 23, ex quibus : 
 he proceeds, legibuscum agebatur, manum sibi depel- 
 lere et pro se agere licuisse. 
 
 Caius, 4, 26, says that the form of proceeding per 
 pignoris capionem 3 , was in some cases sanctioned by 
 law, and in others by military custom ; for the soldier 
 was allowed to take a bond or pledge from him who 
 owed him his pay, ces militare ( 213), if he did not pay 
 it him, and also for the money due to him for purchas- 
 ing a horse, cbs equestre, or furnished him for providing 
 oats, ces hordiarium. Actions which might, by law, be 
 brought per pignoris capionem, were, according to 
 Caius, actions against any one, qui hostiam emisset, nee 
 pretium redderet, from the law of the XII Tables 
 (p. 255) ; also against any one, qui mercedem non red- 
 deret pro eo jumento, quod quis ideo locasset, ut inde 
 pecuniam acceptam in dapem, i, e. in sacrificium impen- 
 deret ; besides an action introduced by a law, (lex 
 Plaetoria, Majus suggests,) which lay against those qui 
 aliqua lege vectigalia deberent. Moreover, since 
 the form pignoris capio might be practised out of 
 a court of law, without the presence of the praetor, in 
 the absence of the defendant, and if the plaintiff 
 chose, even nefasto die, all which was directly con- 
 trary to the usual custom of all such proceedings, 
 Caius, 4, 29, informs us that by some it was not 
 classed among the legis actiones, but by the greater 
 number it was classed among them, because the pledge 
 was taken with a certain form of words in all cases 
 in which it was allowed to be taken 4 . 
 
 1) See Dupont, p. 27, sqq. 2) Of these was the lex Furia, 
 respecting wills, adversus eum qui legatorum nomine, mortisve causa 
 plus M(so it is to be read, some sdiy)assibus cepisset, and the lex 
 Marcia against usurers, ut, si usuras exegissent, de his reddendis per 
 manus injectionem cum eis ageretur. 3) See Dupont, p. 34. sqq. 
 4) To what I have extracted from Caius I may add the opinion of 
 
318 ROMAN ANTIQUITIES. [chap. in. 
 
 Dupont, p. 35, that things taken as pledges, per pignoris capionem, 
 were not to be sold immediately, but held as surety until the praetor 
 should decide if it were rightly claimed or not. If the taking of the 
 pledge was approved of by the praetor, if the debtor did not pay, 
 after that certain forms for the alienation and forfeiture of the 
 pledges had been observed, they were publicly sold by warrant of'a 
 magistrate. (Cf. Paul. Recept. Sent. 2, 5, I. 
 
 21 l d . The method of proceeding at law, which we 
 have thus far explained, seems probably to have been 
 in part introduced from the practices of an earlier age 
 into the XII Tables, and then to have been added to 
 by subsequent laws. But we must distinguish from 
 this plan and method which comprises the legis acti- 
 07ies y properly so called, those legis actiones, or modes 
 of suing, which at a later date were introduced by 
 praetors, and are called by Dupont fictitious 1 , be- 
 cause the existence or presence of parties was assumed 
 in them in order to render them similar to the 
 real 2 : these Caius separates from those which may be 
 denominated real, since, though they were perfect in 
 form, they were not equally efficient and universal 3 : 
 for the praetors ( 193), for the purpose of amending 
 the law, not with the intention of corrupting it, as they 
 are undeservedly charged by some moderns with doing, 
 incorporated new edicts with their own, using the 
 power intrusted to them by the people, so that when 
 they departed from the actual letter of the law, they still 
 preserved the forms sanctioned by antiquity. This, which 
 is proved by many instances in Roman jurisprudence, 
 is confirmed by what remains of Caius' commentary on 
 fictitious suits at law ; a part of his short remarks on the 
 subject were illegible in the MS. The praetors acting 
 similarly in the methods of suing at law, introduced new 
 forms on the model of those in use in similar cases, or 
 applied the modes of suing in use to cases different from 
 those to which they were originally applied, without 
 making any alterations in them ; or else applied to the 
 parties titles to which they had no right, so as to adapt 
 the forms of law to their cases ; for instance, styling a 
 
sect. 271 e .] ROMAN ANTIQUITIES. 319 
 
 person a foreigner who was not so 5 , a person not in- 
 heriting, an heir 6 , and similar fictitious and borrowed 
 terms. And as the right or process of pleading dif- 
 fered from the form of the plea, legis actio, so in these 
 fictitious pleas, the innovations of the praetors affected 
 two different things, the method of proceeding, and the 
 nature of the law ; when, for instance, a plea which did 
 not apply (as appointed by law originally) to a person 
 was by verbal alteration made to apply to his case 7 . 
 
 (1) Dup. p. 51 : " Fictitise actiones sunt ipsae legis actiones, quas 
 extendens praetor exprimebat formula fictitia ad casus novos et con- 
 trarios eorum, ex quibus directe competebant." Cf. Ulp. Fragmm. 
 28, 12 : " Hi, quibus ex successorio edicto bonorum possessio datur, 
 seu ipsi agant, seu cum his agatur, fictitiis actionibus opus est ;" 
 i. e. actions in which the existence of the heirs is feigned. Where 
 see the note of Schulting. 2) See Caj. 4, 32, sqq. 3) See 
 
 Dup. p. 2. sqq. 4) Cf. Dup. p. 52. 5) See Caj. 4, 37. 
 
 6) lb. 34. 7) Cf. Dup. p. 56. 
 
 27 l e . Caius clearly proves (4, 30) that these modes 
 of suing, legis actiones, having fallen into disrepute 
 through their exceeding subtleties and the minute ac- 
 curacy required in wording them, and in describing 
 actions in them, were abolished by the lex ^butia and 
 the two leges Juliae: he adds, effectumque est, ut per 
 concepta verba, id est, per formulas, litigaretur ; but 
 that in two cases it was still allowed, lege agere, viz. 
 damni infecti, et si centumvir ale judicium. It is much to 
 be wished that Caius had informed us in this place how 
 far the lex iEbutia abolished the legis actiones, and 
 what the two Julian laws abrogated ; also what forms 
 were substituted by the former, what by the latter 
 laws, and what forms which might have been in use 
 before were still retained 1 . Before the discovery of 
 the Institutions of Caius, a passage in Gellius 2 was 
 the only instance in which the lex iEbutia was men- 
 tioned by the ancients ; the date of this law is still un- 
 certain ; it is, however, generally referred to the year 
 520 U. C. The testimony of Caius must be considered 
 
320 ROMAN ANTIQUITIES. [chap. hi. 
 
 in understanding the passage in Gellius, in order to 
 elicit its true meaning ; for by itself it is of such a nature 
 that it is not to be wondered at if translators have fallen 
 into strange mistakes in rendering it 3 . We owe this at 
 least to Caius, that his work places it beyond a doubt 
 that the ancient forms of suing, legis actiones, were by 
 that law abolished, with the exception which I have 
 already stated. 
 
 1) Dupont explains this difficulty, p. 48, by supposing that he 
 would have expressed himself more accurately thus : " Legem 
 iEbutiam abrogasse legis actiones, et quaedam de formulis statuisse ;" 
 that the leges Juliae abolished "rationem agendi in judicio per for- 
 mulas," introduced by the same laws, (p. 50 and 64) " accuratius tan- 
 tum ordinasse." 2) Gell. 16, 10 : " Quum proletarii, et assidui, 
 et sanates, et vades, et subvades, et viginti quinque asses, et talio- 
 nes, furtorumque qusestio cum lance et licio (v. p. 252.) evanuerint, 
 omnisque ilia XII Tabularum antiquitas, nisi in legis actionibus 
 centum viralium causarum, lege iEbutia lata consopita sit," etc. 
 3) Cf. Bach. Hist. Jurispr. Rom. 1. 2. c. 2. 29 ; Dup. p. 49. 
 
 27 l f . We find by Caius that in two cases only was it 
 allowed henceforth to use legis actiones in suing, and 
 (4, 31), that in a case de damno infecto, no one chose lege 
 agere, sed potius stipulatione, quce in edicto proposita 
 est, adversarium obligare. However, we may be per- 
 suaded that Caius intended it to be understood that in 
 both cases they were not merely optional, but impera- 
 tive, if we compare his statement (4, 95), and other pas- 
 sages ; and that in actions brought before the centumviri 
 it was requisite to proceed per legis actiones, Dupont 
 thus understands it as regards these trials at least 1 , 
 and adds, that as after the introduction of forms of 
 pleading by the leges Juliae, the most important cases 
 were tried before the centumviri ( 237), as Cicero in- 
 forms us 2 , legis actiones were most frequently practised 
 in cases brought before them. We may therefore be- 
 lieve that these most ancient modes of suing, kept up 
 in the courts of the centumviri, and existing even in the 
 days of Caius, disappeared, together with the centum- 
 
sect, 271*.] ROMAN ANTIQUITIES. 321 
 
 viri : but I shall not here inquire whether this took 
 place before or after the abolition of the formulae (in- 
 troduced in their stead) under Constantine the Great ; 
 but I must observe that the legis actiones were long 
 retained under the emperors on occasion of those cus- 
 tomary acts which lay in the power and depended on 
 the will of individuals (voluntaria jurisdiction). 
 
 1) Dup. p. 50 and 5L 2) De Orat. 1, 38. 3) Dup. p. 51. 
 
 27 l g . I have already mentioned that the legis actio- 
 nes were introduced by the learned in the law at a time 
 when the patricians only were acquainted with it ; there- 
 fore plebeians who intended going to law before the 
 magistrates, were obliged to have recourse to the pa- 
 tricians, and the more so, as great care was requisite 
 lest they should do anything contrary to the prescribed 
 forms and customs ; a strict observance of which, ac- 
 cording to Caius, 4, 30, was so requisite, ut vel qui 
 minimum err asset, litem perderet J . 
 
 There was also an additional reason why litigants 
 could not dispense with the assistance of the patricians ; 
 for it is well known that the distinction of days in the 
 fasti ( 334 and 359) was very complex ; whence we 
 may remark that on the dies fasti it was lawful to plead, 
 but not so on the days termed nefasti. An account of 
 such days, therefore, was to be procured from the pon- 
 tifices who drew up and kept the fasti; and since it 
 was their interest and that of the patricians, to whom 
 they belonged, to keep the plebeians from a knowledge 
 of the fasti 2 , they merely informed them, when con- 
 sulted by them, of what was absolutely necessary for 
 their guidance, while they concealed nothing from the 
 patricians; superstition 8 , then all-powerful among the 
 Romans, preventing even the tribunes from attempting 
 to obtain a remedy for the injurious ignorance of the 
 plebs. Even if this account seems incredible, or if we 
 
 Y 
 
322 ROMAN ANTIQUITIES. [chap. ih. 
 
 could believe that the patricians practised no such in- 
 justice, yet nevertheless it is evident from what the 
 ancients have said concerning the fasti and the promul- 
 gation of the legis actiones, that the plebs were kept in 
 such a state of ignorance, and that they were accustomed 
 to inquire of the patricians which the lawful days for 
 suing were 4 . 
 
 ]) For instance, this author, 4, 11, mentions one who when " de 
 vitibus succisis ita egisset, ut in actione vites nominaret, responsum 
 fuit, rem perdidisse, quia debuisset arbores nominare, eo, quod lex 
 XII Tabularum, ex qua de vitibus succisis actio competeret, gene- 
 raliter de arboribus succisis loqueretur." 2) Cf. Liv. 4, 3 : " Non 
 ad fastos, non ad commentarios Pontificum admittimur." 3) Cf., 
 though not a very weighty authority, I own, Val. Max. 2, 5, 2 : 
 " Jus civile, per multa saecula inter sacra caeremoniasque deorum 
 immortalium abditum solisque pontificibus notum, Cn. Flavius 
 vulgavit." 4) Cf. Plin. 33, 1 ; Cic. pro Mur. 1 1. (see p. 323.) 
 
 27 l h . According to the accounts of writers to whom 
 it is difficult not to give credence, the patricians were 
 dispossessed of their long self-appropriation of the 
 knowledge of the law about A. U. C. 450, by a man 
 of no little celebrity in the annals of Rome, though his 
 character and conduct are variously described K This 
 was Cn. Flavius, whom Cicero, in his defence of Mu- 
 rena 2 states, fastos populo proposuisse, et ab ipsis cau- 
 tis jurisconsultis scientiam eorum compilasse, and in 
 his treatise de Oratore 3 , actiones exposuisse ; and also 
 in his epistle to Atticus 4 , fastos protulisse, actionesque 
 composuisse ; but Livy (lib. 9, 46) informs us, civile jus 
 repositum in penetralibus pontificum evulgasse, fastos- 
 que 5 circa forum in albo proposuisse, ut, quando lege 
 agi posset, sciretur, Pomponius 6 gives another account, 
 which I suppose he drew from other authorities ; he says, 
 Appius Claudius quum composuisset (aliter proposuis- 
 set), etadformam redegisset legis actiones: and that 
 Cn. Flavius, his scribe 7 , stole the book and (perhaps after 
 adding something himself) published it to the people, and 
 that it was called Jus Civile Flavianum. Pliny (33, 1) 
 
sect. 21 \\ ] ROMAN ANTIQUITIES. 323 
 
 agrees with Pomponius so far as to call Flavius the 
 scribe of Appius Caecus ; however, he does not mention 
 the legis actiones, and states that Flavius published the 
 dies fasti, which Pomponius does not mention, and that 
 he had copied them at the suggestion of Appius him- 
 self. Though the account varies in some particulars, 
 we find Gellius and all others agreeing in the following 
 statement, viz., that the father of Flavius was a freed- 
 man, and that having begun life as a magistrate's clerk, 
 he attained to the rank of curule aedile: and hence, even 
 if no one of the ancients confirmed our surmises, still 
 we should be justified in concluding that he was odious 
 to the patricians, and must have been a favourite of the 
 common people 8 ; and that no other reason is given for 
 this than that he earned the favour of the people in an 
 eminent degree by publishing an account of the fasti 
 and the requisite legal forms of suing; the only varia- 
 tion in different accounts is, that some have mentioned 
 both the fasti and the legis actiones 9 , others only one 
 or the other 10 . 
 
 1) Cf. Liv. 9, 46 ; Plin. 33, 1. 2) Cic* pro Mur. 11 : " Pos- 
 set agi lege, necne, pauci quondam seiebant ; fastos enim vulgo non 
 habebant. Erant in magna potentia, qui consulebantur ; a quibus 
 etiam dies, tanquam a Chaldaeis, petebantur. Inventus est scriba 
 quidam Cn. Flavius, qui cornicum oculos confixerit, et singulis die- 
 bus ediscendos fastos populo proposuerit, et ab ipsis cautis juriscon- 
 sultis eorum scientiam compilarit. Itaque irati illi, quod sunt veriti, 
 ne, dierum ratione pervulgata et cognita, sine sua opera lege posset 
 agi, notas quasdam composuerunt, ut omnibus in rebus ipsi interes- 
 sent." 3) Cic. de Orat. 1, 41 : " Quia veteres illi, qui huic 
 
 scientiae praefuerunt, obtinendae atque augendae potentiae suae causa, 
 pervulgari artem suam noluerunt. Deinde, posteaquam est editum, 
 expositis a Cn. Flavio primum actionibus," etc. 4) Cic. ad Att. 
 6, 1 : " De Cn. Flavio, ille vero ante decemviros non fuit: quippe 
 qui aedilis curulis fuerit, qui magistratus multis annis post decem- 
 viros institutus est. Quid ergo profecit, quod protulit fastos ? Oc- 
 cultatam putant quodam tempore istam tabulam, ut dies agendi 
 peterenter a paucis. Nee vero pauci sunt auctores, Cn. Flavium 
 scribam fastos protulisse, actionesque composuisse j ne me hoc 
 commentum putes." Id. ibid. : " Nam illud de Flavio et fastis si 
 secus est, commune erratum est ; et tu belle yTroprjaas, et nos pub- 
 licam prope opinionem secuti sumus." 5) It seems probable that 
 
324 ROMAN ANTIQUITIES. [chap. hi. 
 
 this is referred to by Val. Max. 2, 5, 2 : " Fastos pa3ne toto foro 
 exposuit." 6) Pomp. 2, 7 ; Digg. 1,2. 7) Livy and Gellius 
 also state that Flavius was first a clerk to the sediles. 8) The 
 passage in Pliny, 33, 1, is to the purpose, though we may make 
 allowance for some fictions in his statement ; speaking of rings, he 
 says, " Additum Flavio " (who had been elected curule aedile by 
 popular favour on account of his having divulged the fasti), "ut 
 simul et tribunus plebis esset : quo facto tanta senatus indignatione 
 exarsit, ut, annulos ab eo abjectos fuisse, in antiquissimis reperiatur 
 annalibus." Cf. Val. Max. 9, 3, 3: " Quod Cn. Flavius Praeturam 
 adeptus erat, annulos aureos sibimetipsis et phaleras equis suis de- 
 tractas abjecerunt." 9) Hugo, p. 338 ed. 8, remarks that Pom- 
 ponius says, nothing of the fasti, and others, not being lawyers, do 
 not mention the legis actiones; forgetting, I suppose, that Livy, 9, 
 46, and Valerius Maximus, 2, 5, 2, have recorded that both the fasti 
 and the jus civile were published ; unless he means that by jus civile 
 is here meant something different from the legis actiones, or that 
 these two writers were lawyers. 10) When we take all this 
 
 into- consideration, we may well be astonished to find that the 
 Roman writer who was best acquainted with the antiquities of his 
 country, Pomponius Atticus, objected to Cicero's account of Flavius 
 and the fasti, and that Cicero owned that his objections and doubts 
 were not unreasonable, et tu belle rjirpon^aQ (see supra, not. 4). 
 Upon Atticus's stating his doubts of Flavius's having made public 
 the fasti, Cicero says, without speaking of it as a certainty, "putant 
 occultatam quodam tempore istam tabulam,ut dies agendi peterentur 
 a paucis ;" and that he had followed " publicam prope opinionem ;" 
 and therefore if the story of Flavius and the fasti was incorrect, 
 " de Flavio et fastis si secus esset," it was a common mistake. Are 
 we not justified in concluding that if later writers agree with Atti- 
 cus and Cicero in questioning the account, their doubtsare excusable? 
 and of these Hugo (p. 330, ed. 8) and Dirksen (Versuche, p. 213) 
 seem most deserving of notice. If any part of the account is of 
 questionable authority, I am more inclined to doubt the statement 
 concerning the jus civile th&n the fasti, concerning the divulging of 
 the former by Flavius, although I am persuaded all the writers 
 mean the same thing ; Cicero says that he published the actiones 
 compositas, or expositas, as he says in another passage ; other 
 writers the jus civile, and Pomponius alone says the legis actiones. 
 Therefore in order to arrive at a most accurate idea of that mys- 
 terious knowledge and those secrets of the patricians divulged by 
 Flavius, it is necessary for us to determine what part of the law is 
 meant by the expressions, jus civile, or actiones, or actiones legis ; 
 whether the forms of suing contained in the XII Tables and in 
 other laws, or the method of bringing an action legally, as Pom- 
 ponius's words seem to imply, (legis actiones,) properly so called, 
 or did the publication of Flavius include both ? Now though I am 
 inclined to believe that, besides the Fasti, Flavius made public a 
 work on some part of the law, or composed one ; yet I do not see why 
 we should lay more stress on what Pomponius says than on the ac- 
 count given by others ; and the contents of that book of Flavius are 
 expressed in such vague and obscure terms by the ancients, that it 
 
sect, ^l 1 ] ROMAN ANTIQUITIES. 325 
 
 is not unreasonable to suppose that some have imagined both the 
 fasti and the actio net to have been included in the work published 
 by Flavius, and thus it happens that some have mentioned the fasti, 
 some the actiones, and some both, as its contents. Among these 
 are Hugo and Mackeldey, the former of whom (p. 332 ed. 8) says 
 that there are two accounts given of Flavius which may perhaps be 
 reconciled ; for if the jus Flavianum be riot the same thing as the 
 Calendar of court days (p. 336), it can be nothing but a collection 
 of formula relating to legis actiones, or to law business (rcchtsges- 
 chcefte), to which the term actio is also applicable ; but Mackeldey 
 ($33) thinks it sufficient to say that Appius Claudius drew up a 
 system or compendium of formulae and court days (Gerichtstage), 
 and that this book was made public by Flavius. 
 
 271 1 . The fasti having been thus published, and the 
 knowledge of the patricians pirated and divulged, the 
 learned in the law being incensed, and fearing lest all 
 should be able to bring actions and plead without their 
 assistance now that the series of days was published, as 
 Cicero says, they invented certain ciphers, notas quas- 
 dam, that their aid might still be indispensable 1 . I 
 should suspect that this passage was not altogether 
 correct, were it not evident that the speaker was in- 
 dulging in a joke, and cajoling his hearers a little, 
 coronce aliquid dantem, as he confesses afterwards 2 ; 
 and in speaking of a circumstance variously narrated 
 and not well ascertained, was not careful to speak very 
 accurately or very clearly 3 . Hence this passage, both 
 the subject and expressions of which are obscure, has 
 furnished the more ready hold for interpreters, who 
 have taken different views of it 4 : for instance, Bach 5 
 says that the notes, were novae qucedam formulae, in which 
 the patricians wished to disguise and preserve the 
 method of suing at law. These formulas may be proved 
 to have had reference to other kinds of actions than those 
 to which the jus Flavianum was adapted, from the 
 words of Pomponius, quia deerant qucedam genera 
 agendi : according to Mackeldey ( 33) they were ad- 
 ditions and remarks {Zuscetze und Bemerkungen zuden 
 celtem Formeln); but Hugo, p. 336, speaks of these 
 
326 ROMAN ANTIQUITIES. [chap. hi. 
 
 notce as though he understood them to mean formulae 
 most difficult to be understood (unvertscendliche For- 
 meln). Moreover, Bach believes that they are egre- 
 giously mistaken who understand that Cicero meant by 
 notce, formulae written in cipher ; and Hugo (p. 388) 
 states that the context forbids our understanding them, 
 as Cujacius does, to mean a peculiar character in which 
 deeds and law papers were written. Dupont 6 differs 
 both from these writers and others who understand the 
 notce to mean either new formulae not written in cipher, or 
 the original formulae disguised in cipher, and says, notes 
 sunt novce formula legis actionum, subtilissimce quidem 
 per siglas ( 235) expresses, ita, ut pro singulis verbis, 
 litter w singula ponantur 7 . 
 
 1) See the passage in Cicero's defence of Muraena, 11, quoted in 
 271 J'. 2) Cic. de Fin. 27 : "Apud imperitos tunc ilia dicta 
 
 sunt; aliquid enim coronse datum*". 3) Cf. Hugo, p. 330. 
 
 $181. 4) See Ernesti Clav. Cicer. in nota ; Dupont, p. 42. 
 
 5) Hist. Jurispr. Rom. 2, "2, 5. 6) Dupont, p. 64, sqq. 
 
 7) Dropping any discussion about the sigla* (ciphers or initials), 
 many other subjects of inquiry suggest themselves to any one 
 who wishes to investigate this subject more closely ; for instance, 
 whether these new formula? had reference to the contents of the 
 Jus Flavianum, adapted to modes of suing already in practice, or 
 introduced as additions on account of the introduction of new 
 modes of suing; or whether the influence of the patricians over the 
 plebs was still so great that the whole of the former methods of pro- 
 ceedings at law were suppressed, and new forms for a time came into 
 use. Or were the arts and the chicanery so often laid to the charge 
 of the patricians, then first exhibited in the composition of those 
 secret ciphers, nota, or at least principally in them ? Dupont seems 
 to favour this view of the case when he says, " Alias post Flavium 
 fuisse legis actionum formulas, indeque, notis nondum compositis, 
 patriciorum mysteria, circa legis actiones, prsecipue fuisse in cog- 
 nitione arcana dierum fastorum ac nefastorum, quibus publi- 
 catis demum ;" (he proceeds to say,) " inventse sunt ab illis notae ut 
 potestatem recuperent." Although when he says (p. 40) that 
 whenever any wished to go to law, he was obliged to have recourse 
 to the patricians, " ut qusererenturformularum subtilissimarum con- 
 ceptio et dierum fastorum nefastorumque cognitio," he seems to sub- 
 vert the former statement ; yet the latter sentence evidently refers 
 
 * Hence we may conclude that Cicero intended his hearers to 
 understand nota of writing in cipher, or at least to mystify them. 
 
sect. 21 1*.] ROMAN ANTIQUITIES. 327 
 
 to a period anterior to the Jus Flavianum. However there is no 
 end of conjecture where there is no possibility of knowing the true 
 state of the case. 
 
 271 k . Whatever the real state of the case may be, it 
 is at least certain that the opinion of Bach, (2, 2, 25) 
 and others is erroneous, who suppose that those new 
 formulae were not made public until about A. U. C. 550, 
 by the celebrated lawyer iElius Sextus 1 ; who, according 
 to Pomponius, composed new methods of bringing 
 actions, and published a book on the subject called Jus 
 iEIianum, soon after the publication of the Jus Flavi- 
 anum, augescente civitate, quia deerant qucedam genera 
 agendi : for indeed there is no other authority but that 
 of Pomponius among ancient writers, nor can his words 
 be by any means applied to the newly-invented de- 
 vices of the patricians; and unless we suppose that the 
 account of such a scheme is a fiction, how can we be- 
 lieve that Titus Coruncanius, the first plebeian who 
 was made pontifex 2 (about A. U. C. 500), could have 
 also kept the plebs from the knowledge of them, since 
 Pomponius 3 affirms that he publicly practised as a 
 lawyer at Rome 4 . Pomponius is the only writer from 
 whom we can learn what the Jus yElianum contained ; 
 but his account is such that we cannot ascertain from it 
 whether it was merely an appendix to the Jus Flavi- 
 anum, or contained all the modes of bringing actions ; 
 nor can we learn from him whether it treated merely of 
 these modes or comprised other particulars; nor, 
 finally, whether this work was the same as that men- 
 tioned by Pomponius (38) under the title of Triper- 
 tita, by iElius, so named from its containing three prin- 
 cipal divisions, viz., the XII Tables, the interpretation 
 of them, and the legis actiones 5 . Hugo ( 153) and 
 Miihlenburgh think it probable that the same work is 
 meant ; not so Bach. (2 } 2, 5). 
 
 It ought not to be matter of surprise that the legal forms, 
 
328 ROMAN ANTIQUITIES. [chap. hi. 
 
 legis actiones, contained many things useless in practice; 
 unfair even, and distasteful to the astuteness of the 
 patricians, when the rustic simplicity of manners and 
 dealings to which they were adapted, had disappeared; 
 even if we could persuade ourselves that the patrician 
 lawyers were as impartial towards the people and as 
 prudent as we understand they were held to be unjust, 
 deceitful, and cunning. Those who take a sober view 
 of the subject, need not to be warned not tp allow too 
 much weight to the common-place quotations from the 
 defence of Murena 6 , and others that I need not mention, 
 since it is evident Cicero had no intention of stating his 
 real conviction of a subject on which he was joking (see 
 p, 326): for we cannot suppose that the person who 
 extols, as Cicero does 7 , the XII Tables above all the 
 works of all the philosophers, as the fountain head of 
 Roman jurisprudence, is in earnest when he makes the 
 learning of counsellors the butt of his jests. I have in- 
 serted his humorous remarks on the legis actiones as 
 being remarkable, now that I am treating of them ; and 
 I have done so the more prolixly because the subject is 
 obscure, and has received much new light from the re- 
 cent discovery of the Institutiones Caii. I shall now 
 pass on to the formula, which, as has already been 
 remarked, were substituted for the legis actiones, in all 
 cases except in actions damni infecti*; and in cases tried 
 before the centumviri ; and in treating of them return 
 to my usual conciseness. 
 
 1) It must also be remarked that we must not refer the lex iEbu- 
 tii, which abolished legis actiones in all but unusual cases, to the 
 year U. C. 520, and thus conclude that these mysterious nota were 
 not made public until then, when we may fairly suppose that the 
 knowledge of them could be but of little importance to the people. 
 2) See Liv. Epit. 1, 18. 3) Fr. 22. 35. Digest, de Orig. Juris. 
 
 * " Damnum infectum est, damnum nondum factum, quod futu- 
 rum veremur." Digest, lib. XXXIX. Tit. 2, 2. 
 
sect. 271 1 .] ROMAN ANTIQUITIES. 329 
 
 4) See Dup. p. 44. 5) Cf. Hugo, p. 326. 6) One of these I 
 have already given ( 27 l h ) ; the other is as follows, containing for- 
 mulae interspersed with Cicero's pleasantries, pro Mur. 12 : " Cum 
 hoc fieri bellissime posset : et fundus Sabinus meus est : imo meus : 
 deinde judicium : noluerunt. Fundus, inquit, qui est in agiio qui 
 sabinus vocatur. Satis verbose. Cedo, quid postea? eum ego ex 
 
 JURE QUIRITIUM MEUM ESSE AIO. Quid tum ? InDE EGO TE (} 271. 
 
 a.) EX JURE MANU CONSERTUM VOCO. UNDE TV ME, inquit, EX JURE 
 
 MANU CONSERTUM VOCASTI, INDE IBI EGO TE REVOCO. Iisdem in- 
 
 eptiis fucata sunt ilia omnia, quando ego te in jure conspicio. 
 Et haec, sed anne tu dicis, qvi causa vindicaveris. Quae dum 
 erant occulta, necessario ab eis, qui ea tenebant, petebantur : postea 
 vero pervulgata, atque in manibus jactata et excussa, inanissima 
 prudentire reperta sunt, fraudis autem et stultitiae plena." 7) De 
 Orat. 1, 44. See p. 242. 
 
 27 1 1 . Caius (4, SO) explains formula, by concepta 
 verba, and says, effect um est ut per formulas, id est, per 
 concepta verba litigaremus. Formulae, therefore, were 
 customary statements, in prescribed terms, made on one 
 side by the parties litigant, declaring what they claimed, 
 demanded, and so forth 1 ; and, on the other side, by the 
 magistrate, who appointed what judge should try the 
 matter, and assigned, as it were, limits to the verdict 
 and investigation of the judge 2 : and this distinction, 
 mentioned by Caius, applies to four subdivisions, viz., 
 demonstratlo, a declaration of the matter disputed, in- 
 tentio, the object of the plaintiff, what he claimed ; 
 these two apply to the litigants: to the magistrate's 
 duty, adjudicatio, implying that the judge was to ad- 
 judge or give sentence for, as, for instance, in a case of 
 apportioning an inheritance among co-heirs, familice 
 erciscundce ( 101), and condemnatio, an instruction to 
 the judge to give sentence against. Since there was an 
 immense variety of cases, so there was an equal variety of 
 formulae adapted to them : for instance 3 , to mention a 
 few; some were adapted to cases stricti juris*, others 
 to those bonce fidei, of equity 4 ; some had reference to 
 
 * Strictum jus dicitur ubi de facto non de jure quaeritur. Inst. 
 Cod. 
 
330 ROMAN ANTIQUITIES. [chap. hi. 
 
 the law of the case, others to the facts and merits of it 5 ; 
 some also were adapted to cases brought by one person 
 in another's name, or by a person in his own name. 
 Caius has stated the distinctions between all these, and 
 frequently inserts the particular formulae applicable to 
 the case in question 6 . 
 
 1) Dupont, p. 65, describing the nature of formula says, 
 " Sunt verborum conceptiones secundum quas judicium ordinatur a 
 praetore, qui pro diversis casibus a litigantibus propositis, diverse 
 definit singula actionum momenta, quibus judices intelligant, qua- 
 tenus de re judicandum sit." 2) Cf. Dup. p. 65 and 66 ; Cic. pro 
 Rose. Com. 8, " Sunt jura, sunt formulae de omnibus rebus constitutae, 
 ne quis aut in genere injuriae, aut ratione actionis errare possit. 
 Expressae sunt enim ex uniuscujusque damno, dolore, incommodo, 
 calamitate, injuria publicae a praetore formulae, ad quas privata lis 
 accommodatur." 3) Cf. Dup. 78. * 4) Caius, 4, 61. 5) Caius, 
 4, 45, sqq. 6) The following will serve as examples of formulae : 
 
 the formula employed when one party challenged the other to 
 plead per sponsionem : " Si homo, de quo agitur ex jure quiritium 
 meus est, sestertios XXV nummos dare spondes?" 4, 96. The for- 
 mula employed by the praetor when the amount claimed was uncer- 
 tain : " Judex esto ; quod Aulus Agerius Numidio Negidio incer- 
 tum stipulatus est, cujus rei dies fuit, quicquid ob earn rem Numerium 
 Negidium Aulo Agerio dare, facere oportet." 4, 136. The formula 
 for appointing commissioners to investigate a case " recuperatores 
 sunto : si paret, ilium patronum ab illo liberto contra edictum illius 
 prEetoris in jus vocatum esse, recuperatores ilium libertum ill! 
 patrono sestertium X millia condemnanto, si non paret, absolvunto." 
 4, 46. In cases when the question was, what was the law, not what 
 were the facts, the formula was "judex esto ; quod Aulus Agerius 
 apud Numerium Negidium mensam argenteam deposuit, qua de re 
 agitur, quicquid ob earn rem Num. Neg. Aulo Agerio dare, facere 
 oportet, ex fide bona (cf. Val. Max. 8, 2, 2) ejus, id judex Numerium 
 Negidium Aulo Agerio condemnato. Si non paret, absolvito." 4, 43. 
 The formula on the occasion of the plaintiff and defendant naming 
 a cognitor (see 272), 4, 83. On occasions of a proviso, exceptio, 
 4, 119 : " Si in ea re nihil dolo malo Auli Agerii actum sit, neque 
 fiat." When the praetor interposed his interdict, 4, 139 : " Ut nunc 
 possidetis, quo minus ita possideatis, vim fieri veto." The formula of 
 declaration, 4, 40 : " Quod Aulus Agerius Numerio Negidio homi- 
 nem vendidit :" of expressing a purpose or intention, 4, 41 : "Si 
 paret, Numerium Negidium Aulo Agerio sestertium X millia dare 
 oportere :" a formula of adjudication, 4, 42: of condemnation, 4. 
 43 : in factum, for trying the facts, not the law of a case, 4, 47. 
 
 27 l m . The legis actiones, as well as the formulae, 
 consisted of prescribed forms of expression, with this 
 difference, that the wording of the legis actio was ap- 
 
sect. 27l n .] ROMAN ANTIQUITIES. 331 
 
 plicable to all cases arising out of any law, whereas the 
 formulae, as Dupont says, were adapted to some par- 
 ticular case, being more concise, brief, and explicit, 
 everything superfluous and subtile being omitted in 
 them. Thus the use of formulae removed the cere- 
 monies and difficulties of bringing actions, and yet pre- 
 served the spirit and efficiency of the legis actiones ; 
 they in fact still obtained 1 , at least sponsio, substituted 
 for the sacr amentum, and the judicis jwstulatio 2 : so 
 that it is reasonable to infer that many of the prescribed 
 terms of the legis actio were transferred into the for- 
 mula. To decide, however, what and how much of the 
 terms and processes were preserved, and to draw an 
 accurate distinction between both, so as to defy con- 
 troversy on the subject, would baffle the most learned, 
 and I shall not even attempt it ; so that even since the 
 acquisition of Caius's Institutions, I consider the ques- 
 tion to be one of those that will never be elucidated. 
 It is not to be wondered at if modern writers often 
 confounded the one with the other, so long as the 
 question depended merely on conjecture 3 , and thus 
 referred the above-mentioned passages of Cicero (p. 323 
 and 329) and others to the formulae; but now I think 
 every one must be convinced, since Caius's work has 
 made us acquainted with both the modes of suing, that 
 he intended to ridicule the legis actiones. 
 
 1) See Dup. p. 65. 2) May not the manus injectio be included ? 
 Dupont, however, thinks not. 3) Cf. Dup. p. 67. 
 
 21 l n . We might safely conclude, from a passage of 
 Cicero's defence of the actor Roscius 1 , that the formulae 
 were drawn up by the praetor, and made by him for the 
 common use of the citizens ; but at length the fact is so 
 perfectly settled by the discovery of Caius's work 2 , that 
 we know that formulae which Cicero says were published 
 in the praetor's album, were so published, not separately, 
 but in conjunction with the actiones 3 . Nor need we 
 
332 ROMAN ANTIQUITIES. [chap. hi. 
 
 be staggered in this belief by finding no mention of the 
 formulae in the actiones transferred into the code of 
 Justinian from the praetor's edict ; since they had 
 nothing to do with the method of proceeding in law at 
 that period, and therefore would have been superfluous : 
 this is further confirmed by the fact of their not being met 
 with in any part of the Justinian code 4 . Dupont ob- 
 serves that the praetors were accustomed to procure the 
 formulae to be drawn up by learned lawyers when com- 
 posing their edicts 5 ; and doubtless the judges (273) 
 as well as the praetors, were obliged to have recourse to 
 those more skilled than themselves in the law, both for 
 formulae and for other information, unless a praetor 
 thought it sufficient to copy into his own edict the for- 
 mulae contained in those of his predecessors. Con- 
 cerning the extreme exactness requisite in the formulae, 
 and the risk incurred by litigants who failed in the 
 requisite exactness, see Caius, 4, 53, sqq. As the legis 
 actiones remained in use in cases tried before the cen- 
 tumviri until the latest times of the Empire, so did the 
 formulae in other cases, until abolished at length by Con- 
 stantino the Great 6 , when the method of proceeding in 
 private cases, to which they were adapted, was modified 
 by the abolishment of that very ancient custom which 
 gave to the magistrate the cognizance of a case and the 
 appointment of a trial, and the holding of the trial 
 and passing of sentence to a judge to be chosen by the 
 praetor from among the citizens 7 . This method being 
 abolished, and the duty both of bringing in a bill and 
 trying the case arising out of it being given to the same 
 person, that part of the formulae which applied to the 
 former method was necessarily abolished. 
 
 1) See note 2 on 271. 1. 2) Caj. 4, 46 : " Caeterae quoque 
 
 formulas, quae sub titulo de in jus vocando propositi sunt, in factum 
 conceptae sunt : velut adversus eum, qui, in jus vocatus, neque 
 venerit, neque vindicem dederit, item contra eum, qui exemerit eum, 
 qui in jus vocatur, et denique innumerabiles ejusmodi aliae formulae 
 
sect. 272.] ROMAN ANTIQUITIES. 333 
 
 in albo proponimtur." 8) See Dup. p. 68. 4) Cf. Dup. 
 
 p. 69. 5) Dup. p. 69; where he urges the authority of Val. 
 
 Max. 1. 8. c. 2. as applying to the question ; he might do so correctly 
 if the judge and not the praetor was the magistrate referred to. 
 
 6) Which is referred to by Justin, cod. 2. tit. 58 : " Juris formulae 
 aucupatione syllabarum insidiantes cunctorum actibus radicitus am- 
 putentur." Dupontp. 64 : " Usque ad Constantini imperium dura- 
 vere, sub quo, ordinaria cognitione sublata, et ipsae sublatae sunt." 
 
 7) Cf. Dup. p. 227. 
 
 272. We have already mentioned the compendium of 
 laws called Jus JEManum, so called from its compiler, 
 iElius, and the Jus Flavianum compiled by Flavius. 
 The Jus Papirianum, compiled by Papirius the pontifex 
 maximus, mentioned by Dionysius 1 and Pomponius 2 , is 
 of much earlier date ; common opinion attributed to 
 him the collection of the laws of the kings after their 
 expulsion : but it is more credible that he merely com- 
 posed a ritual of religious institutions 3 illustrated by 
 Granius Flaccus in a treatise de Indigitamentis (con- 
 cerning the apotheosized), inscribed to Caesar 4 . More- 
 over, Papirius lived in a time when patricians alone 
 possessed a knowledge of the law (271), and had even 
 then long striven, though in vain, to debar the plebeians 
 from a knowledge of it, being baffled in the attempt by 
 Cn. Flavius, according to the vulgar belief (271 h ), or 
 as soon as the rights of all classes had been equalized : 
 of course, as soon as the knowledge was divulged it was 
 publicly taught as a science, as by Coruncanius ( 271 k ), 
 and afterwards illustrated by treatises, until it was com- 
 petent, for any one who chose to do so, to assist litigants 
 with advice and information. We then read of three 
 kinds of counsel, advocati, counsel who were called in 
 to assist by their advice and presence the parties liti- 
 gant 5 ; patroni causarum, adores, who pleaded before 
 the bench, tribunal; and the procuratores and cogni- 
 tores, a distinction between which is not easily made 6 : 
 if we adopt Heineccius's opinion, cognitores were 
 lawyers who undertook the defence of parties present 
 
334 ROMAN ANTIQUITIES. [chap. in. 
 
 in court 7 , especially in case of disputed issue; procura- 
 tors, on the other hand, undertook the defence or 
 cases of the absent 8 . For the sake of retaining old 
 customs, the lawyers drew up a formula for giving the 
 procurator the title to act as principal 9 {dominium 
 litis.) 
 
 1) Dion. 3, 36. 2) Fr. 2. 2 and 7. de Orig. Jur. 3) Some 
 have supposed that he composed five books of laws regarding re- 
 ligious ceremonies, and added a sixth containing the laws of the 
 Kings, as an appendix, copyists having created confusion by writing 
 Sextus as Papirius's surname, in the work of Pomponius : Dio- 
 nysius informs us that his surname was not Sextus, so that the con- 
 jecture seems probable. 4) See Hugo 56 ; Mackeldey 19 ; 
 and the note of Ritter on Hein. Hist. Jur. $ 17. 5) Cf. Plin. 6, 
 33: " Ingens utrinque advocatio, et numerosa subsellia." 6) See 
 Hein. Synt. 4, 10, 3 ; cf. Caj. 4, 82, sqq. 7) Cf. Hor. Sat. 2. 
 5,37. 8) Caj. 4, 83: " Cognitor in litem coram adversario sub- 
 stituitur." lb. 84 : " Procurator vero nullis certis verbis in litem 
 constituitur ; sed ex solo mandato, et absente et ignorante adver- 
 sario, constituitur. Quin etiam sunt, qui putant, et eum procura- 
 torem videri, cui non sit mandatum, si modo bona fide accedat ad 
 negotium, et caveat, ratam rem dominum habiturum." 9) See 
 Hein. ib. 4 ; cf. Caj. 1. c. and the formulas there quoted. 
 
 273. The following are the particulars of the method 
 of bringing an action against an individual, in, private 
 cases. In order that the action might be brought, the 
 plaintiff summoned the defendant to appeal to the law, 
 provided the defendant was not in his own house at the 
 time : if he refused to go before the praetor, or to ap- 
 point a surety 6 , vindex, the plaintiff might use force to 
 compel him, first calling on some one to bear witness, 
 {antestatus 97) ; hence the expression, obtorto collo in 
 jus rapere 2 , which, according to Dupont, was restricted 
 to peculiar cases 3 ( 274). When they came before the 
 praetor, the plaintiff asked for leave to bring an action 
 against the defendant, actionem petebat ; a day was then 
 fixed for trying the case, generally the third day after, 
 and the plaintiff bound himself down to appear; to 
 which the expressions, vadem dare, vadimonium pro- 
 mittere, vadari aliquem*, vadimonium differre 5 , refer. 
 
sect. 273.] ROMAN ANTIQUITIES. 335 
 
 On the day of trial 6 , the action having been laid in 
 due terms, that is, by the proper legis actio or formula, 
 various stipulations were entered into, such as making 
 oath that the action was not brought out of malice, 
 calumniam, de calurnnia jurare 1 , and producing recog- 
 nizances, to be forfeited if the action was proved to be 
 vexatiously and frivolously brought 8 ; it has generally 
 been supposed that this last stipulation was made be- 
 fore the judge who tried the case. This having been 
 clone, the praetor, from the depositions of the litigants, 
 carefully determined the species of trial adapted to the 
 case, drawing up a statement of it, which, Dupont says 9 , 
 was termed contestatio litis 10 , and, according to the 
 nature of the case, appointed either a judge or an 
 umpire, as I stated ( 267 and 268), or commissioners, 
 or else handed the case over to the court of centumviri. 
 By the lex Pinaria, passed A. U. C, 623(1), he was 
 bound to appoint a judge within thirty days. The 
 judges who were required by law to swear to try the case 
 justly 11 , gave sentence according to the formula given to 
 them by the praetor 12 ( 26S) ; if it were too doubtful a 
 matter, they said that they could not decide, sibi non 
 liquere 13 , and the trial was deferred to some other day : 
 being generally unacquainted with the law, they usually 
 associated with themselves some friends, conversant with 
 it, in investigating the case 14 . Concerning umpires, 
 commissioners, and the centumviri, see 267 and 268. 
 Any one who did not appear in court, unless unavoidably 
 or for substantial reasons absent, was summoned by one 
 or more proclamations, edicta; the third summons was 
 peremptory, peremtorium ; and if he did not then ap- 
 pear, his case was tried in his absence, and a verdict 
 could be given even in his favour, though he did not 
 appear 15 . 
 
 1) See the notes in 271m. and the passage in Caius 4. 46. 
 2) Cf. Plaut. Paen. 3, 5, 45 ; Horat. Sat. 1 . 9, 75, sqq. 3) Cf. 
 
336 ROMAN ANTIQUITIES. [chap. hi. 
 
 XII Tabb. de in jus vocando. 4) Cf. Horat. Sat. 1, 9, 36, and 
 
 1, 1, 11 ; Varro de L. L. 5. p. 59; Cic. de Off. 3, 10; Auson. Idyll. 
 12. 5) Juven. 3, 213. 6) See Dup. 212. 7) Cf. Cic. ad 
 Div. 8, 8 ; Liv. 33. 47 ; Pandd. 39, 2. 13, 3 ; cf. Gell. 14, 2, " De 
 calumnia damnari." 8) Cf. Caj. 4, 171 and 183. 9) Heinec- 
 cius differs from Dupont, and refers the contestatio litis to the do- 
 minium litis ( 272) . 10) Dupont 213, sqq. 11) Cf. Cic, 
 pro Font. 9, 10. 12) See Hein. 4, 6, 41. 13) Cf Gell. 14, 
 2 : " Juravi mihi non liquere ; atque ita judicatu illo solutus sum" 
 14) Cf. Cic. Verr. % 29 j Gell. 12, 13. 14, 2. 15) Dup. 223. 
 
 274. In the pleading of a cause before a judge, (for, 
 as I have remarked, only one judge sat ( 268) except 
 in the case of commissioners being appointed, or the 
 cause being tried in the court of the centumviri,) we 
 must draw a distinction between the collectio and pe- 
 roratio causes; collectio being applied to the pleadings 
 of counsel, and perdratio to the pleadings of the liti- 
 gants or of their patrons; the latter were allowed a 
 stated time, measured by the clepsydra 1 -, hence the 
 expression, ad clepsydram dicere, agere, plures clepsy- 
 dras dare, aquam sustinere, aqua Jiceret ; i(f)vScop. 
 The clepsydra was employed in trials many ages after 2 . 
 The peroratio being concluded, the witnesses having 
 been heard, and the documents read, the judge gave 
 sentence, which was left to the praetor to perform and 
 execute, as in trials before commissioners and the court 
 of the centumviri. The party who was cast was re- 
 quired to pay the amount of the verdict within thirty 
 days; if he failed to do so he was liable to arrest, manus 
 injectio. Caius 3 informs us that this mode of proceed- 
 ing, per manus injectionem, introduced by the XII 
 Tables, in the case of a person condemned, was after- 
 wards extended to some other cases ( 271 c ). Appeal 
 to the people against the sentence of the praetor ( 196) 
 was allowed during the Republic, at least in public 
 cases : under the Emperors, appeal to the praefectus 
 praetorio was permitted in private cases also, as well as 
 to the praefectus urbi and to the emperor himself 4 . 
 
 1) Cic. de Orat. 3, 34 : "At hunc (Periclem) non clamator ali- 
 
sect. 275.] ROMAN ANTIQUITIES. 337 
 
 quis ad clepsydram latrare docuerat." Cf. Dial, de Orat. 38 ; Plin. 
 Ep. 6, 2 : " Invaluit consuetudo binas vel singulas clepsydras, inter- 
 dum et dimidias et dandi et petendi." Cf. id. 4, 9. 2) Cf. Lyd. 
 2, 16. 8) See Dupont p. 27, 207, 224. 4) Cf, Suet Aug. 33. 
 
 275. The following are a few particulars concerning 
 public trials, i. e. trials by the whole people; they 
 could not be held except by a senatusconsultum or at 
 the request of a magistrate ; the preliminary investiga- 
 tion of the case pertained to the people or to delegates. 
 The accuser declared before the rostra whom he in- 
 tended to accuse, and on what day, and at the same 
 time indicted him, diem reo dicebat ; the accused was 
 committed to custody in the mean time 1 , unless he found 
 bail for his appearance : if he was charged with a capi- 
 tal offence, the bail required was termed vas, if the 
 offence was fineable, prces 2 . On the day mentioned in 
 the indictment, the accused was cited by the crier 3 , to 
 appear, and if he did not appear, or did not assign just 
 cause for not appearing, he was condemned for con- 
 tempt of the law and of the people ; but the condem- 
 nation of the accused was frequently prevented for va- 
 rious reasons ; for instance, if a tribune of the people 
 interfered to stop the proceedings 4 , or if the assembly 
 was put off on account of unfavourable auspices, or if 
 interrupted by the appearance of any celestial pheno- 
 menon 5 . If the accused appeared and no lawful impe- 
 diment existed, he was accused on three occasions, 
 while he stood at the foot of the rostra, but not thrice 
 on the same day, nor on three successive days 6 ; the 
 accusation, rogatio, was followed up by the depositions 
 of witnesses and by documents, and was proposed to 
 the consideration of the people/together with the fine 
 or punishment proposed to be inflicted on him by the 
 accuser, termed poence, multce irrogatio, on three suc- 
 cessive market-days, per trinundinum, ( 1 59) : on the 
 third the charge was repeated, by the accuser, and his 
 
338 ROMAN ANTIQUITIES. [chap. hi. 
 
 defence by the accused, and the matter was then left to 
 the decision of the people : if it was a capital offence 
 they voted by centuries ; if a fineable offence, by tribes 
 also, thecomitia being held accordingly for the purpose 7 . 
 
 1) See Hein. 4, 8, 36. 2) Cf. Liv. 3, 13. 25, 4 ; Gell, 7, 19. 
 
 3) Cf. Liv. 38, 51 ; Suet. Tib. 11. 4) Cf. Liv. 38, 60 ; Gell. 
 
 7, 19. 5) Cf. Liv. 40,42. 6) See Cic. pro Domo 17. 7) Cf. 
 Hein. 4, 18, 42, sqq. 
 
 276. Ordinary trials were necessarily similar in many 
 respects to public trials, and private lawsuits. Any 
 citizen might accuse another, but the crime of false ac- 
 cusation, calumnia, was punished by branding on the 
 forehead 1 , by the lex Remmia of uncertain date 2 . If 
 there were several prosecutors, an inquiry, called divi- 
 nalio 3 , was instituted as to which should be chief pro- 
 secutor, primarius ; the rest were styled subscriptores 4 . 
 The chief prosecutor appeared on an appointed day, 
 and having sworn that he was not influenced by mali- 
 cious motives, jurata calumnia, brought his charge 
 against the accused in a prescribed form 5 ; if the ac- 
 cused pleaded guilty, or if his guilt was evident, he was 
 condemned ; if he denied the charge, the prosecutor 
 requested the praetor to allow him to impeach him; 
 hence deferre ?wmen i delatio nominis, delator: if this 
 was allowed, the prosecutor served the accused with a 
 copy of the indictment, signed by himself, or by another 
 in his name, and at the same time made provision for 
 the payment of the fine to which he himself was liable 
 if he dropped the charge or did not prove it. The 
 praetor then appointed a day for their re-appearance in 
 court, generally the tenth day, but sometimes later ; on 
 the appointed day both were summoned by the crier. 
 If the prosecutor failed to appear, the accused was ac- 
 quitted/ and the prosecutor held to be convicted. If 
 both appeared, the judges were chosen by lot, though 
 they might be challenged ( 270), and sometimes they 
 
sect. 277.] ROMAN ANTIQUITIES. 339 
 
 were selected by the parties themselves. Being chosen, 
 and having sworn to judge according to the law 6 , 
 they took their seats. The prosecution consisted of 
 two parts, viz. the production of the proofs and the 
 summing up of them. The proofs, argumenta, were of 
 three kinds ; the statement of the charge, the witnesses, 
 and the documents produced in corroboration or illus- 
 tration of the case. 
 
 1) Cf. Cic. pro Rose. Am. 20. 2) See Bach. 1. 2. c. 2. s. I . 
 
 ult. ; Hein. 4, 16, 3. 3) Thus the speech of Cicero against Q. 
 Caecilius is entitled divinatio ; cf. Cic. ad Q. Fratr. 3, 2 : " Apud 
 Catonem erat divinatio in Gabinium futura." Gellius accounts va- 
 riously for the use of the term, 2,~4. 4) Cf. Cic. Divin. 15. 
 5) Hein. 4, 16. and 4, 18, 19. 6) Cf. Cic. Verr. 13. 
 
 277. Neither slaves nor persons who had incurred 
 ignominious convictions, for libel for instance, could be 
 admitted as witnesses, and from being precluded from 
 giving evidence and making a will were termed intesta- 
 biles l . In early times women were admitted to depose as 
 witnesses, but afterwards were precluded from doing so 2 . 
 Freemen who deposed in favour of the accused could 
 also be compelled to depose against him in support of 
 a charge 3 . Evidence was given on oath, and there 
 were prescribed formulae both for putting questions and 
 giving answers 4 . The law forbade producing any one 
 to depose against a relative, or in his own favour 5 . By 
 a law of the XII Tables a perjured witness was to be 
 cast from the Tarpeian rock 6 , but this punishment was 
 afterwards commuted for another 7 . 
 
 During the Republic, none but slaves could be put to 
 the torture in order to elicit evidence, nor could this be 
 done in any case affecting the life of their masters, with 
 the exception of a very few, such as a charge of incest; 
 this law was re-enacted by Adrian after it had been 
 rendered null by Augustus 8 , who commanded that 
 slaves who were to be put to the torture in an inquiry 
 
 z 2 
 
340 ROMAN ANTIQUITIES. [chap. hi. 
 
 affecting their master's life, should be sold 9 : nor 
 could the slaves of one person be put to the torture in 
 order to elicit evidence against another, except with the 
 consent of their owners 10 . Terms applied to these 
 practices are, postulare, dare, ferre servos in qucesti- 
 onem. Among the instruments of torture, we read of 
 Jidiculce, tabularia, equuleus 11 , podagra 12 , red hot plates 
 of metal, etc. 
 
 After the accusation, came the defence of the accused 
 by his friends and patrons, which sometimes lasted se- 
 veral days. The more desperate the case, the more 
 earnestly and zealously did they in their pleadings 
 strive to excite the compassion of the judges; persons 
 were also produced to speak to his character, termed 
 laudatores 13 ; the accused party himself solicited the 
 favour and mercy of his judges, both during the inter- 
 val between his accusation and trial, as well as during 
 the trial, by means of the intercessions of his friends, 
 and by appearing in the garb of misery and mourning, 
 sordidatus, to which the expression, squalor reorum 1 * 
 applies, which he and generally his friends and relatives 
 assumed on the day of trial; in fact, by all the arts cal- 
 culated to move their pity. The defence having been 
 concluded, which is expressed by the words dixi, dix- 
 erunt 15 , he was acquitted or condemned by the aggre- 
 gate decisions of the judges, which they gave by inscrib- 
 ing severally 16 on tablets V the letter A, if they ac- 
 quitted him, whence this letter was termed saluiaris 18 ; 
 C, if they condemned him, termed litera tristis 19 -, and 
 N. L., i. e. non liquet, if they could not decide either 
 way (273 and 165). 
 
 1) Cf. Gell.6,7; Hor. Sat. 2,3, 181 ; and see in the notes of Unter- 
 holzner, the meaning assigned to this word by Heindorf. Intesta- 
 bilis, is applied generally to any bad character (as in the passage of 
 Horace), by Gellius, 7, 18, and others. 2) Cf. Gell. 6, 7 ; Cic. 
 Vert. 1, 57. 3) Cf. Quint. 5, 7 ; Plin. Ep. 5, 20. 6, 5 ; Hein. 4, 18, 
 26. 4) See Hein. ib. 5) Cf. Cic. Rose. Am. 36. 6) Cf. Gell. 
 
sect. 278.] ROMAN ANTIQUITIES. 341 
 
 21, 1. 7) Paul. Sent. Rec. 5, 15 : u Aut in exilium aguntur, aut 
 in insulam relegantur, aut curia submoventur." 8) An Tiberio ? 
 cf. Tac. Ann. 2, 30. 3, 67. 9) Paul. Sent. Rec. 5, 1 6, 5 : " Servi 
 in caput domini neque a praeside, neque a procuratore, neque in pe- 
 cuniarum, neque in capitalibus causis interrogari possunt (ib. 7), 
 qui servum ideo comparavit, ne in se torqueretur, restituto pretio, 
 poterit interrogari." 10) Cf. Cic. pro Rose. Am. 41 ; pro Cluent. 
 63. 11) Cf. Cic. pro Dej. 1. 12) Cf. Sen. Ep. 14 ; de Ira. 
 
 3, 19 ; Cic. Verr. 5, 63 ; Plaut. Asin. 3, 2, 4; Lucr. 3, 1029 ; 
 
 13) Cf. Cic. pro Balbo ; 18, ad Fam. 1,9; Verr. 5, 22 : " In judiciis, 
 qui decern laudatores dare non potest, honestius est ei nullum dare, 
 quam ilium quasi legitimum numerum consuetudinis non explere" 
 
 14) Cf. Liv. 2, 54. 15) Cf. Asc. ad Cic. act. 1. in Verr. extr. ; 
 Hein. 4, 18, 31. 16) See Hein. 4, 18,31. 17) Cf. Cic. pro 
 Cluent. 28; Verr. 2, 32, "judicialis tabella," and Verr. 1, 13. 
 18) Cic. pro Mil. 6. 19) Cic. ib. 
 
 ON PUNISHMENTS. 
 
 218. Punishments among the Romans varied with 
 the times, and according to the rank of the condemned : 
 the earliest penalty inflicted was fine or forfeiture, 
 multa ; noxa, damnum, damages, paid originally in 
 cattle; the accounts concerning it vary 2 : confinement 
 in fetters, nervi, maniccr,, pedicce, compedes, publicly or 
 otherwise; incarceration, career, robur ; custodia li- 
 bera 3 , mere confinement, militaris, confinement with a 
 keeper to whom the culprit was chained : corporal punish- 
 ment, inflicted by scourging with rods or sticks talio 4 ; 
 restitution, or compensation for injury which might 
 be compounded for ; ignominy, for instance, loss of 
 rank, diminutio capitis ( 69) ; voluntary exile or ba- 
 nishment, interdiction of fire and water, transportation, 
 the last introduced by the Caesars; condemnation to 
 slavery ; capital punishment, such as casting from the 
 Tarpeian rock 5 , being hanged, infelix arbor 6 , strangling, 
 crucifying ( 55), beheading ; and, in case of parricide, 
 casting into the sea in a sack : concerning the public ex- 
 ecutioner, see 218. Punishment sometimes affected 
 even the memory of the culprit, when, for instance, 
 his posterity were forbidden to bear his prcenomen 8 , or 
 
342 ROMAN ANTIQUITIES. [chap. hi. 
 
 when his name was blotted out of the fasti <J , or his 
 bust forbidden to be exhibited at the funerals of his 
 relatives 10 . 
 
 1) Cf. Cic. pro Rab. Perd. 4 and 5 ; Hein. 3, 18, 5. 2) Ci- 
 
 cero de Rep. 2, 9, speaking of Romulus, says, " Multae dictione 
 ovium et boum non vi et suppliciis plebem coercuisse ;" Geilius, 
 11,1, states that the lowest penalty was one sheep, and the highest 
 two sheep and thirty oxen ; when it is endeavoured to prove 
 that Dionysius, 10, 50, intended to say two sheep and thirty oxen, 
 not thirty oxen and two sheep, as the MSS. have it. Besides, Dio- 
 nysius says that formerly consuls only could inflict the penalty, but 
 that by a law of Spurius TaTpeius and Aulus Terminius the consuls, 
 any magistrates might inflict it, and that the highest fine was thirty 
 sheep and two oxen : but Geilius says merely, concerning the lex 
 Ateria, that by it a sheep was valued at ten asses, denos ceris, and an 
 ox at one hundred, which agrees with what Festus says on the word 
 multa : the highest fine was three thousand and twenty asses, for an 
 ox was valued at a hundred, and a sheep at ten asses; see also Festus 
 in ovibus. To these authorities may be added Cicero, who says, de 
 Rep. 2, 35, that the consuls Sp. Tarpeius and A. Aternius passed a 
 most popular law (rem sed lege legem) concerning fines and for- 
 feitures, de mulctce sacramento (vid. 27 P.), about fifty-four years 
 after the first appointment of consuls. We perceive that these 
 three passages all refer, however they may otherwise differ, to the 
 same consuls and to the law passed by them about A. U. C. 300, 
 concerning the value of the fines inflicted. I shall leave others to 
 discover in what particulars they differ (see Bach. 1,2. 3, 2. 2, 9). 
 Not long afterwards (A. U. C. 324), the lex Papiria Julia was 
 passed concerning the amount of fines (see Liv. 4, 30), which Bach, 
 supposes to have been principally a re-enactment of the lex Ateria. 
 Cicero de Repub. 2, 35, says of this law : " Quod censores mulctis 
 dicendis vim armentorum a privatis in publicum averterunt, levis 
 aestimatio pecudum in mulcta lege C. Julii, P. Papirii, consulum, 
 constituta est." 3) Cf. Liv. 1, 33, 38, 39. 4) Fest. in talio- 
 nis (see p. 298) : " Si membrum rupserit, ni cum eo pacit, talio 
 esto ;" cf. Gell. 20, 1. 5) Cf. Hor. Sat. 1, 6, 38. 6) Cf. Cic. 
 pro Rab. Perd. 4 ; Liv. 1, 26. 7) Concerning which, see Paul. 
 Sent. Rec. 5, 24, who says, " Hi etsi antea (to wit, by a law of the XI I 
 Tables) insuti culeo in mare prsecipitabantur, hodie tamen vivi exu- 
 runtur, vel ad bestias dantur ;" cf. Cic. pro Rose. Am. 25 ; Suet. 
 Aug. 33. The ancients give various lists of the animals which were 
 enclosed with the parricide in a sack, a custom first introduced by the 
 lex Pompeia de parricidis. See Juv. 3, 213, where he mentions an 
 ape and a serpent ; and Institt. 4, 18, 6, where a dog and a cock 
 are also mentioned. 8) Cf. Liv. 6, 20 . Tac. Ann. 2, 32. 3, 17. 
 
 9) Tac. ibid. 10) lb. 2, 32, 3. extr. ; See Nieup. 3, 2, 6. extr. 
 
sect. 280.] ROMAN ANTIQUITIES. 343 
 
 CHAPTER THE FOURTH. 
 
 CONCERNING THE IDOLATRY OF THE ROMANS. 
 
 279. The earliest form of idolatry, religio 1 at Rome, 
 and what gods were worshipped, is a question involved in 
 as great obscurity as the early form of its government : 
 for we have not sufficient remains of art extant to illus- 
 trate the subject, and the accounts given by writers whose 
 works have reached us differ, and also confound the more 
 recent with the earlier superstitions and practices, with- 
 out drawing any or a sufficient distinction between 
 them, as is the case with their accounts of other cus- 
 toms and institutions. If we follow the accounts of 
 Livy and Dionysius, the leading Roman historians, we 
 must conclude, that from the days of Numa both the 
 deities worshipped and the rites and worship prevalent, 
 were the same nearly as those of several ages subse- 
 quent. But the learned are now agreed that Livy gave 
 the common opinion of his times, rather than a criti- 
 cally correct account of the early practices of the city, 
 and delineated them in a manner calculated to please the 
 reader rather than to satisfy the critic ; and the palpa- 
 ble endeavours of Dionysius to prove the origin of the 
 Roman Republic and people themselves from the 
 Greeks, weakens our confidence in him, however faith- 
 fully he may describe many things. 
 
 1) Touching the etymology of this word, see Cic. de N. D. 2, 28, 
 who considers a man to have been called religiosus, as being one 
 who diligently attended, relegens, the worship of the gods. Comp. 
 also Gell. 4, 9. The current use of the word showed that it im- 
 plied awe, anxiety, and scrupulous care. 
 
 280. For which reasons we cannot unreservedly re- 
 
344 ROMAN ANTIQUITIES. [chap iv. 
 
 ceive the accounts of either, and the more so, because 
 they frequently differ from each other, and from other 
 writers who have treated of the same subject, such for 
 instance as Varro and Plutarch, and particularly Ovid 1 . 
 We may comprise the results of many investigations in 
 these few remarks, namely, that a person who examines 
 the subject with scrupulous impartiality will find it most 
 probable that the early idolatry of the Romans was ut- 
 terly at variance with that of the Greeks, and was much 
 more simple in its rites and superstitions than the ido- 
 latry of later ages : so that we shall wonder the less at 
 those writers who have doubted whether they ever had 
 temples and statues of idols 2 : whether we agree with 
 Beaufort 3 in assigning a Celtic origin, or some other to 
 it. In this state Numa, who is commonly described as 
 the founder of Roman superstitions, found it, and mo- 
 delled it so as to humanize the ferocious tempers of his 
 subjects, rather than entirely changed it 4 . The host of 
 Grecian divinities were introduced still later, perhaps 
 by Tarquinius Priscus, and the original objects of 
 Roman worship were assimilated to or confounded 
 with these ; whilst new rites and superstitions were in- 
 troduced by the Etruscans in particular. Thus the 
 idolatry of the Romans was gradually assimilated to that 
 of the Greeks, though certain vestiges, proofs of a dif- 
 ferent state of things before, still existed on monuments 
 of art and in the pages of writers, as well as in the very 
 names and worship of the most ancient divinities of the 
 Romans, such as Consus, Janus, and others. 
 
 1) Cf. Beauf. vol. 1. p. 1. 2) August, de Civ. Dei 4, 31 : 
 " Dicit Varro, antiquos Romanos plus quam annos centum et sep- 
 tuaginta deos sine simulacro coluisse." 3) Beauf. pp. 5 and 15. 
 4) Idem p. 7 and 8. 
 
 281. Though it be so difficult to account for and 
 explain these innovations, one thing is evident, that 
 the new religion was intimately connected with the ge- 
 
sect. 282.] ROMAN ANTIQUITIES. 345 
 
 nius of the government, and made subservient to its 
 policy ; and it seems most wonderful that superstitions 
 so absurd, and deceits so palpable as those of which it 
 consisted, should have so admirably served to this 
 purpose for so many ages 1 . The power of Rome had 
 no support more efficacious than its system of public 
 religion ; to add influence to which, because they con- 
 sidered it the cradle of valour and the bond of patriot- 
 ism, although a law existed forbidding the introduc- 
 tion of foreign divinities ( 79), yet even in later times, 
 whenever it was considered good policy to allow it, 
 little opposition was offered to the admission of idols 
 worshipped in other countries. 
 
 Having made these observations on the religious sys- 
 tem of the Romans, which are sufficient for my purpose, 
 though the subject would furnish volumes, I shall ob- 
 serve the like brevity in treating of the names of their 
 gods, their attributes, and the worship offered to them ; 
 their priests and inferior attendants, also the places of 
 worship, sacred instruments and rites, and finally, the 
 festivals and public games of the Romans, 
 
 1) Cf. Liv. 5, 51, sqq. 
 
 CONCERNING THE GODS OF THE ROMANS, 
 
 282. I leave it to the learned to decide whether the 
 early Romans worshipped several deities, or one only, 
 under several titles, together with the nations among 
 whom they grew up, as Beaufort imagines. One thing 
 seems probable, namely, that the host of Grecian divi- 
 nities was not introduced among them until some time 
 had elapsed ; and besides those from Greece, the idols 
 of Syria, Egypt, and some other Eastern people are 
 found to have been worshipped at Rome, especially to- 
 wards the close of the Republic and under the Caesars. 
 The Romans themselves added to the number greatly 
 by deifying, on the most frivolous pretences, objects, 
 
346 ROMAN ANTIQUITIES. [chap. it. 
 
 virtues, vices, diseases, faculties of the mind ; and even 
 fate and Rome itself ( 39) had altars and temples. 
 Hence arises a threefold classification of their idols ; 
 those of the aboriginal Romans, those borrowed from 
 foreign mythologies, and the class of deified objects 
 which we mentioned last. 
 
 The earliest divinities, which were not borrowed 
 from the Greeks, but appear to have been worshipped 
 by neighbouring nations as well as the Romans, were, 
 as far as I can learn, Terminus, Consus, Dius Fidius, 
 Quirinus, and Janus. 
 
 283. The institution of the worship of Terminus, as 
 that of many other idols, is attributed to Numa ; who 
 commanded that any one who interfered with the boun- 
 daries of lands should be accursed 1 , sacer ; and ap- 
 pointed the Terminalia, festivals to be celebrated on the 
 boundaries of fields. To encourage neighbourly feelings 
 on these occasions, the productions of the soil, fruits, 
 wine, and honey, were burnt on an altar of turf; a lamb 
 or pig was sacrificed, and with its blood the statue of 
 the idol, and the boundary stone or landmark were 
 sprinkled. Garlands and cakes were also offered to 
 him, with hymns in his praise 2 . His most celebrated 
 shrine was on the Capitoline hill : of which we are told 
 that when it had been determined to erect a temple to 
 Jupiter on the spot, and the gods whose shrines already 
 stood there were asked whether they would give place 
 to Jupiter, Terminus alone refused: therefore this altar 
 was surrounded by a temple, and an aperture left in its 
 roof, since Terminus was worshipped only in the open 
 air : his refusal to remove was looked on as an omen of 
 favourable import, portending the permanency of the 
 boundaries of the empire, yet not opposing their ad- 
 vance 3 . 
 
 1) Cf. Plut. in Numa Dionys. 2, 74. 2) Cf. Ovid. Fast. 2, 
 641, sqq. ; Tib. 1, 1, 15 (11) : " Nam vcneror, scu stipes habct de- 
 
sect. 286.] ROMAN ANTIQUITIES. 347 
 
 sertus in agris, seu vetus in trivio florea serta lapis, etc." 3) Cf. 
 Liv. I. 55 ; Ovid. v. 667, sqq ; Lactant. de Falsa Relig. c. 20 ; Virg. 
 JEn. 9, 448, " Capitoli immobile saxum." 
 
 284. The name Consus is usually derived from con- 
 derequasi conser^asiihe were thejconcealer of thoughts, 
 and thus taken to be the god of inward counsels ; but I 
 fancy, rather from the similitude of the words than from 
 any real foundation ( 186). He is also confounded 
 with Neptune as the creator of the horse and the earth- 
 shaker (o-eial^Ocov), and is said to have been worshipped 
 at subterranean altars, as being the inhabitant of the 
 earth, or the concealer of secrets and counsels 1 . Beau- 
 fort (vol. I. p. 20.) supposes him to be the first and 
 only deity of the Sabines and Romans, worshipped un- 
 der different titles at different places. Consualia, 
 games in the circus, were celebrated in his honour 2 . 
 
 1) See the note of'Servius on Mn. 8, 636 ; Dionys. 2, 31 ; Fcstus 
 in Consualia; Lyd. 1,30. 2) Cf. Liv. 1, 9; Ovid. Fast. 3, 199. 
 
 285. Dius Fidius 1 , whose earlier title was Semo or 
 Semo Sancus, or Sangus 2 , according to the meaning 
 of his name, was the god of treaties and bargains, and 
 under this name Numa is said to have established the 
 worship of Faith, afterwards made a goddess 3 , though 
 Cicero's opinion is different 4 . On the other hand, 
 Sancus was an ancient idol of the Sabines 5 , whence he 
 was called heros Sabinus, and classed among the idols 
 of the country; though afterwards we find him con- 
 founded with the Hercules of the Greeks 6 , and this is 
 confirmed by the usual oaths, (?ne Dius Fidius, me 
 Hercule, and by their sacrificing to both by the way- 
 side 7 . 
 
 1) Zsvg TriaWoe. Cf. Dionvs 1. 2. p. 113. 1. 4. p. 257. 2) Cf. 
 
 Ovid. Fast. 6, 213 ; Liv. 8, 20. 3) Cf. Liv. 1, 21 ; Dionys. 1. 2. 
 
 p. 134. 4) Cic. de N. D. 2, 23. 5) Ovid. v. 218 ; Lact. de F. 
 Rcl. 1, 15. 6) Cf. Prop. 4, 9, 71. 7) Cf. Fest., on the ex- 
 pression propter viam. 
 
 286. Curis, quiris, a lance l , the root of the word Qui- 
 
348 ROMAN ANTIQUITIES. [chap. iv. 
 
 rinus, and also of Cures, the name of a town, and of 
 Quirites, induces us to trace the worship of Quirinus 
 to the Sabines, and to believe that they brought it with 
 them to Rome. After the introduction of the idols of 
 Greece, the lance, his emblem, caused him to be com- 
 pared to Mars ; and the Romans, ever after, worshipped 
 two idols of the kind, the one called Quirinus, the 
 guardian of the city and of its peace, the other called 
 Gradivus, greedy of war and slaughter, whose tem- 
 ple stood beyond the city's boundaries, in order to 
 avert his presence from the city 2 . As Romulus, on 
 his apotheosis, received the title of Quirinus 3 , his 
 reputed father, it is not to be wondered at that the 
 memory of this most ancient deity was gradually extin- 
 guished, the worship paid to him being transferred to 
 the gods who shared his name. 
 
 1) Cf. Ovid. Fast. 2, 476, sqq. 2) Cf. Serv. ad Mn. 6, 860. 
 3) Lydus, 1,5, proposes another etymology, deriving it from Kvpiog, 
 Lord, as though it implied sovereignty; Cf. Ovid: " Sive suum 
 Regi nomen posuere Quirites ;" and Vos. Etym. in quiritare. 
 
 287, The etymology of the word Janus 1 , and all 
 concerning him, is involved in obscurity ; but it is 
 certain that the Greeks had no similar divinity 2 , and 
 many things lead us to suppose that he was the first 
 divinity worshipped by the nations of Italy. Prayers 
 or sacrifices began by his name 3 , and he was peculiarly 
 styled the father 4 , and in the Salian verses the god of 
 gods 5 . And as the beginning of all things was attri- 
 buted to him, they styled him the creator of chaos and 
 of the world 6 . In his right hand we see him carrying 
 a sceptre 7 , as lord of the year and of the sky; in his 
 left a key, as arbiter of peace and war, in fact of des- 
 tiny : hence his temple at Rome stood open during 
 war, and was closed during peace. The best reason 
 assigned for his being represented with two faces, is, I 
 fancy, that he was thereby portrayed as beholding all 
 
sect. 288.] ROMAN ANTIQUITIES. 349 
 
 things, that is to say, the past and the future 9 : his 
 titles are Junonius, Consivius, Quirinus, Patulcius, 
 Clusius or Clusivius, arid others 10 . His sacrifices, as 
 those of Vesta, were bloodless ; he was propitiated by 
 cakes, corn, and salt. 
 
 1) Derived from eundo by Cic. N. D. 2, 27. 2) Cf. Ovid. 
 
 Fast. 1, 90. 3) Cf. Ovid. v. 172. 4) Cf. Hor. Ep. 1. 16, 59. 
 5) Cf. Macrob. Saturn. 1, 9 ; 6) Ovid. v. 103. 7) lb. 99. 
 
 8) Cf. Virg. .En. 7, 180. 9) Cf. Ovid. v. 114. 10) See Ovid 
 and Macrob. 11) Ovid. v. 128. 
 
 288. The remark that I have made concerning the 
 idols of the Romans already mentioned, namely, that 
 they seem to have been the original divinities of the 
 country, and not imported from Greece, applies to seve- 
 ral others besides the divinities of the lowest order 
 mentioned in 312 and 313; to Carna, for instance, 
 the goddess of hinges 1 ; Juturna 2 , named after the 
 spring of Juturna, the goddess of springs and of rivers, 
 whose temple stood in the Campus Martius, whose fes- 
 tivals were called Juturnalia ; Feronia, one of the most 
 ancient of the Italian divinities, the wife of Anxur the 
 chief idol of the Volscians, who is confounded with Ju- 
 piter as she is with Juno: she was particularly wor- 
 shipped in the grove of Feronia, near Tarracina or 
 Anxur 3 , where it is said that newly-made freedmen 
 had their heads shorn 4 (62); Vacuna, a vacando, 
 whose festivals, Vacunalia, were celebrated by country- 
 men at harvest-home 5 . The divinities which I intend 
 mentioning hereafter, Pales, Flora, Pomona, Vertum- 
 nus, are also to be considered as original, and, as it 
 were, native idols of Italy : some class even Vesta 6 , 
 notwithstanding the Greek origin of her name (earia, 
 focus, ignis), among them; from the hearth being the 
 emblem of social life, she was considered the guardian 
 of houses, cities, and realms : the vulgar opinion was 
 that her worship prevailed over the whole earth, and 
 
350 ROMAN ANTIQUITIES. [chap. iv. 
 
 was introduced into Italy from Troy by JEne&s, and 
 established at Rome by Numa 7 . The worship origi- 
 nally offered to her was of the simplest kind, and 
 though Vesta was sometimes confounded with Ops, 
 Cybele, and Tellus, it remained prevalent down to the 
 times of the Empire's decay ; the sacrifices offered to 
 her were bloodless 8 . The Vestal Virgins ( 325) kept 
 up a perpetual fire on the altar in her temple, which 
 was of a circular form, without any statue of the god- 
 dess 9 : but it was believed among the people that there 
 was a statue of some idol in it to look at or to inquire 
 for which was unlawful : some supposed the temple con- 
 tained the gods of the Samothracians, or the Penates 
 brought from Troy by ^Eneas 10 , others that it con- 
 tained the Palladium 11 ; there were also other opinions 12 . 
 Vesta herself, unless we suppose the statues attributed 
 to her to be inventions, was represented under the hu- 
 man form, with a veiled face, holding a torch or lamp, 
 or else the palladium, sometimes with an altar and fire 
 burning on it. Superstition mingled many additions 
 with the original notion of the divinity, such as the 
 story of Priapus's attempt to ravish her, when she was 
 awakened by the braying of Silenus's ass 13 . 
 
 1) Ovid. Fast.6,101,sqq. ; cf. Aug.de Civ. Dei 4, 8. 2) See Virg. 
 iEn. 12, 138, sqq., with the note of Servius. 3) See Liv. 1, 30. 
 26, 11 ; Dionys. 2. 6 ; Hor. 1, 5, 24 ; Virg. JEn. 7, 800. 4) Cf. 
 Liv. 22, 1 ; Creuz. 52. 5) Cf. Ovid. Fast. 6, 307, " antiquae 
 sacra vacunee ;" Hor. Epist. 1,10, 49. 6) Cf. Ovid. Fast. 2, 267 
 and 221 ; Cic. de N. D. 2, 67. 7) Cf. Virg. iEn. 2, 293, sqq. 
 
 8) Cf. Juven. Sat. 6, 386 ; Prop. 4, 1, 21. 9) Cf. Ovid. v. 281 
 
 and 295. 10) Cf. Tac. Ann. 15, 41. 11) Cf. Luc. 9, 993 ; He- 
 rod. 1, 14. 12) Cf. Ovid. 6,439, sqq. ; Dionys. 2, 66 ; Cic. Phil. 
 11, 10; Luc. Phars. 1, 196. 9, 990, sqq.; Prop. 4, 45. 13) Ovid. 
 6, 320, sqq., and comp. Prop. 4, 1, 21 : " Vesta coronatis pauper 
 gaudebat asellis." 
 
 289. I thought it consistent with my plan to be rather 
 more particular in giving an account of the foregoing ; 
 the other divinities I must mention cursorily ; stating, 
 besides the distinction between each, some particulars 
 
sect. 290.] ROMAN ANTIQUITIES. 351 
 
 concerning a few, those especially which have reference 
 to the subject of antiquities rather than those which 
 refer to history and mythology. 
 
 The primary division of the idols of the Romans was 
 into majores and minores, dii majorum et tninorum gen- 
 tium 1 , as in the case of patricians ( 130). There were 
 twenty superior gods, called also selecti 2 ; an immense 
 number of inferior deities of several kinds, such as the 
 personifications of virtues and faculties 3 ; and the indi- 
 getes, or deified heroes, rustici, plebeii, marini, aqua- 
 tiles, itiferi, averrunci, averters of evil, &c. 
 
 The principal of the superior deities were the Dii 
 Consentes, (con-entes vel consentientes ?), who assisted 
 in the supreme council of Jupiter, whence the Greeks 
 called them irdpehpoi. Their names are contained in 
 this distich of Ennius : 
 
 Juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, 
 
 Mercurius, Jovi' 4 , Neptunus, Vulcanus, Apollo. 
 
 The other select gods were Saturnus, Janus, Tellus 
 (Rhea), Orcus (Dis, Pluto), Liber (Bacchus), Sol, 
 Luna, Genius. 
 
 1) Cf. Cic. Qmest. Tusc. 1, 13. 2) See Aug. de Civ. Dei. 
 7, 2. 3, 33. 3) Cic. de Legg. 2, 8. 4) This is a nominative 
 case, and occurs again in Apul. Met 1. 4 : " Quem tremit ipse 
 Jovis," etc. 
 
 290. Jupiter 1 , called also Jovis and Diespiter 2 , was 
 the first and greatest of the Roman as he was of the 
 Grecian idols, being considered the father of gods and 
 the king of men. Some say that his worship was in- 
 troduced into Rome by Tarquinius Priscus, who built 
 his principal temple on the Capitoline hill ( 42), where 
 he connected the smaller temples, sacella, of Jupiter, 
 Juno, and Minerva ; whence he was called Jupiter 
 Capitolinus, and also Optimus Maximus. His other 
 titles are innumerable, some of them the same as those 
 given him by the Greeks; as Servator, Hospitalis, To- 
 
352 ROMAN ANTIQUITIES. [chap. iv. 
 
 nans, Fulminator, Pluvius and Imbricitor, Serenus ; 
 others bestowed on him by the Romans, as Elicius 3 , 
 Stator, Feretrius 4 , Pistor 5 , and Latialis 6 . He was 
 sometimes represented as a youth, and called Vejovis 7 ; 
 sometimes as a full grown man. His emblems were, 
 the thunderbolt, the sceptre, the diadem, a throne, and 
 a globe : the oak and the eagle, Jovis ales, armiger, 
 were sacred to him. 
 
 1) Among the etymologies proposed is juvans pater ; cf. Cic. de 
 N. D. 2, 25 ; Gell. 5, 12. 2) That is, dies or diet pater, as some 
 assert ; cf. dies, dius, etc. ; see Varr. de L. L. 4. p. 19. 3) See 
 Ovid. Fast. 3, 323 Li v. 1, 20. 4) Cf. Li v. 1, 10 and 12 ; P,rop. 
 4, 11, 1. 5) Ovid. 6, 350; Lact. 1,20. 6) Cf. Lact. 1 21. 
 
 7) Cf. Ovid. 3, 430, sqq. and Gell. 5, 12. 
 
 291. Neptune 1 , the brother of Jupiter, ruler of the 
 sea, is first mentioned among the Roman divinities 
 about the fourth century from the foundation of the 
 city 2 . I have already mentioned (284) that he was 
 confounded with Consus 3 . His titles were numerous, 
 and the same as those given him by the Greeks. He 
 is sometimes represented drawn in a large shell by sea- 
 horses 4 , nereids, tritons, and dolphins around him ; some- 
 times he is naked. In one hand he holds the trident, his 
 emblem, with the other sometimes a dolphin. He is 
 frequently accompanied by his wife Amphitnte, with a 
 veil flying round and above her head. Blue 6 , the colour 
 of the sea and of the sea-gods, is the colour of his eyes, 
 and hence he is termed cceruleus deus,f rater, &c. 
 
 1) Some suppose this name derived from nubendo, from the sea's 
 covering the earth as the clouds cover the sky ; Varro de L. L. 4. 
 p. 20. Others from nare; see Cic. de N.D. 2, 26, 3, 24. 2) Cf. 
 Liv. 5, 13. 3) Cf. Virg. Georg. 1, 12: 4) Cf. Virg. JEn. 1, 
 
 138 ; Ovid. Met. 2, 8, sqq. 5) Cic. de N. D. 1, 30. 
 
 292, Mars, also called Mavors l , the son of Jupiter 
 and Juno, was the idol most generally 2 and, as was com- 
 monly supposed, most anciently worshipped at Rome 3 , 
 being the reputed father of Romulus and Remus by 
 
sect. 293.] ROMAN ANTIQUITIES. 353 
 
 his intercourse with Sylvia (Ilia), a vestal. But many 
 assign a much later date to the origin of this story and 
 the worship of this idol 4 . His titles were Quirinus 
 and Gradivus, the distinction between which I have 
 already stated (286); Ultor 5 , Sylvanus 6 , Thracius, 
 Enyalius, and others, principally Greek. He had 
 several temples at Rome; one stated to have been 
 erected beyond the city walls '. The Campus Martius 
 was also dedicated to him ( 48). Things sacred to 
 him were fire, the vulture, the magpie, the wolf 8 , the 
 cock, and the horse. He was represented at times 
 naked, but more frequently clad in armour. His in- 
 signia were the helmet, shield, and spear, with the ad- 
 dition sometimes of trophies (rpoiraLofyopoi). Bellona 
 (Enyo) was the sister of Mars, and also a divinity de- 
 lighting in war, and was worshipped at Rome, being 
 represented with a scourge or whip in her hand 9 . Her 
 priests were called Bellonarii ( 328). 
 
 1) Mars seems a contraction of Mavors ; some derive the word 
 from/Ap^c ; Varro says from mares, 4. p. 20 ; see the word mamers 
 in that chapter. 2) Cf. Ovid. Fast. 3, 79. 3) Cf. Liv. 1, 20. 
 4) Among whom is A. G. Schlegel (v. Wachsm. JEAt. Gesch. p. 
 122.) ; he is convinced notonly that there never was such a person 
 as Romulus, but that the Romans had the simplicity to believe the 
 Greek stories concerning his renown and birth; in fact that the 
 name of Romulus was not known at Rome until about the middle 
 or end of the fifth century of the city's existence. Cf. Nieb. v. 1 . p. 
 149, sqq. ; Beauf. v. 1. p. 22 ; also the same author, " Sur V incer- 
 titude des cinq prem. siecles," etc. p. 2. c. 1. 5) Cf. Suet. Aug. 
 21 and 29 ; Cal. 24 ; Ovid. Fast. 5, 595. 6) Cato de Re Rust. 
 83. 7) Cf. Liv. 65, 7, 23. 8) Cf. Ovid. 3, 37 and 53 ; Hor. 
 Od. 1 . 17, 9. 9) Cf. Virg. iEn. 8, 703. 
 
 293. Vulcan, called by the Greeks f/ H<^at<7To?, and 
 by the Romans, from his tempering iron, Mulciber 1 , the 
 son of Jupiter and Juno, the husband of Venus, the 
 limping artificer (ajjifayvrjeis), the god of smiths, is said 
 to have had a temple even in the days of Romulus, by 
 whom brazen chariots, quadrigcz 2 , were dedicated to 
 him: but Beaufort doubts (v. 1. p. 26) whether he 
 
 a a 
 
354 ROMAN ANTIQUITIES. [chap. iv. 
 
 was worshipped at Rome before the time of Tarquinius 
 Pi iscus. This king having burnt as an offering to him, 
 ex voto, the arms of the conquered, his example was 
 followed by succeeding conquerors ; whence the spoils 
 of war were sacred to him, and the lion also 3 . He is 
 styled Lemnius, Ignipotens, etc. ; his emblems the ham- 
 mer and tongs, his forges were at Lemnos, his island, 
 his cavern under Mount Etna, his workmen were the 
 Cyclops. 
 
 1) The etymology of Vulcan is so doubtful, that many have 
 traced it to Tubalcain, Genesis 4, 22. 2) Cf. Dionys. 2, 50 and 
 54. 3) Cf. Liv. 1, 37. 50, 6. 
 
 294. Mercury, (whose name seems evidently de- 
 rived from merx, mercis,) by the Greeks 'Epfirjs, the 
 son of Jupiter and Maia, the messenger and herald 
 of the gods, the god of learned men and merchants 
 (383), whence both are styled Mercuriales 1 , also the 
 patron of thieves, the inventor of the harp, testudo, the 
 president of the palaestra, the guide of the departed to 
 the lower regions 2 ; he was early worshipped at Rome 3 , 
 and had many temples there. The cock, the fig-tree, the 
 tongues of victims, and dogs, were sacred to him ; honey 
 and milk were among things offered to him. Among 
 his numerous titles were Caducifer, Atlantiades, Cyl- 
 lenius. He was usually represented as a youth, with 
 wings upon his heels, talaria ; on his head a cap, 
 petasus; in his hand a rod entwined by two serpents 
 the caduceus : sometimes, though less frequently, he 
 is represented under a shepherd's garb, with a club and 
 pipe, and a ram in his arms. 
 
 1) Horat. Od. 2, 17, 29 ; Cic. ad Q. Fratr. 2, 5. 2) Cf. Hor. 
 Od. 1, 10. 3) Liv. 2, 27. 
 
 295. Apollo (Sol, Phoebus, Hyperion), the son of 
 Jupiter and Latona, the emblem of the sun, a prophet, 
 and the leader of the Muses, the inventor of the art of 
 
sect. 296.] ROMAN ANTIQUITIES. 355 
 
 shooting with the bow, and the god of poets, prophets, 
 and physicians, whence these sciences were called artes 
 Apollinece. Livy 1 mentions that as early as A.U.C. 
 324 a temple was vowed, and soon after dedicated to 
 him at Rome ; afterwards he had several, among which 
 was that of the Palatine Apollo ; he was one of the 
 most popular divinities of the city, and was honoured 
 by public games as early as A. U. C. 542 2 . Among 
 things sacred to Apollo, were the laurel, Daphne, the 
 swan, the cicada, the wolf. His titles are almost num- 
 berless, such as Latous, from his mother's name ; 
 Delius, Cynthius, Clarius, Delphicus, Pythius, Actius, 
 from the names of places : among his other titles are, 
 Paean, Arcitenens, Argyrotoxus, Tortor 3 . The statue 
 of this idol represented a blooming youth with flowing 
 hair (whence the expression crinitus Apollo 4 ), his head 
 either surrounded by rays, or crowned with laurel : his 
 insignia were the lyre, the quiver, arrows, the cortina, 
 and the tripos, 
 
 1) Liv. 4, 25 and 29. 2) Liv. 25, 12. 3) Cf. Suet. Aug. 
 
 70. 4) Virg. iEn. 9, 638. 
 
 296. I have already spoken of Vesta ( 288). Juno, the 
 "Hprj of the Greeks, the daughter of Saturn, the wife of 
 Jupiter, the queen of heaven x and of the gods, presided 
 over marriage, and was peculiarly the idol of women 2 , 
 and by her they swore 3 . As I have said before (290), 
 she was associated with the Capitoline Jupiter at Rome. 
 Having been evoked (see evocatio 331) from Veii, 
 where she was worshipped under the title of Queen 4 , 
 she had a temple under this title on the Aventine 
 hill 5 : afterwards she had several temples. Among the 
 epithets 6 applied to her we meet with pronuba, do- 
 miduca % jugalis 7 , natalis, regina 9 , matrona, domina, 
 Lucina, patulcia, fluonia, sospita, Monet a, Argiva, 
 Samia : to her the peacock, the goose, and the calends of 
 
 Aa2 
 
356 ROMAN ANTIQUITIES. [chap, iv 
 
 months were sacred : her statue represented a matron 
 in a royal garb ; her insignia were a diadem, a starry 
 veil, a sceptre, a throne ; her messenger was Iris. 
 
 1) Virg. JEn. 1, 46. 2) Cf. Plin. 2, 7 ; Sen. Ep. 1 10 ; Tib. 4, 
 6. 3) Cf. Tib. 3, 6. 48, 4. 13. 15 ; Juven. 2, 98. 4) Ovid. 
 
 Am. 3. 12. 5) Cf. Liv. 5, 21 and 22. 6) See Kipping. An- 
 tiqq. Rom. p. 12, sqq. 7) Apul. Met. 1. 2. p. 121 : " Quam 
 
 cunctus Oriens Zygiam veneratur, et omnis Occidens Lucinam." 
 8) Cf. Juven. 12, 3. 
 
 297. Ceres, the Atj/jl^ttjp of the Greeks, the mother 
 of the earth, the daughter of Saturn, the mother of 
 Proserpine, the discoverer of corn and cultivation, the 
 promoter of humanized life, and of laws and cities, and 
 hence called alma mater 2 , and goddess of bread and 
 wheat, Ceteris mmiera, etc. This goddess, who was 
 worshipped even under Evander, if we believe Dio- 
 nysius, appears to have had a temple at Rome first 
 soon after the expulsion of the Kings (A. U. C. 258), in 
 which Liber and Libera were worshipped together with 
 her 3 : the epithets applied to her were, alma, flava, 
 spicifera, mammosa (cf. Tellus and Cybele), tcedifera 
 from her carrying a torch when seeking for her daughter ; 
 legifera (Oecriiofyopos), Eleusina, from the mysteries of 
 Eleusis (Eleusinia), and Enncea'. things sacred to Ceres 
 were, all kinds of corn, the poppy, the sow 4 , and 
 instruments of tillage. She was represented with a 
 graceful form, crowned with ears of corn mixed with 
 poppies or alone, carrying in her hand a torch or pop- 
 pies, sometimes a cornucopiae or sickle, or a headless 
 spear : sometimes drawn by dragons in a car, sometimes 
 accompanied by Bacchus. 
 
 1) Cf. Cic. de N. D. 2, 26. 2) Cf. Virg. Georg. 1, 47. 
 
 3) Cf. Dionys. 2. p. 26, 6. p. 354 ; Liv. 3, 55. 4) Virg. Georg. 
 
 1,212; Ovid. Fast. 1,349. 
 
 298. Minerva 1 , sprung from the brain of Jupiter, the 
 personification of Wisdom, blending the arts of peace 
 
sect. 299.] ROMAN ANTIQUITIES. 357 
 
 with warlike courage ; as Pallas, the companion of 
 heroes, the patroness of poetry, medicine 2 , and all liberal 
 arts ; the inventress of knitting and of weaving 3 , the 
 discoverer of the olive-tree, was associated with Jupiter 
 and Juno in a temple on the Capitoline hill ( 290), and 
 afterwards honoured at Rome with many temples 4 , 
 among which was one to her under the title of Minerva 
 Capta 5 . Sacred to this goddess were, the owl, the 
 olive, the raven, the cock, the serpent, gates of cities, 
 spoils of war, and tools of artisans : among the num- 
 berless epithets applied to her we find, cusios (Polias), 
 victrix, armipotens, virago, medica, musica, ccesia 
 (ykav/ccoTris), Tritonia, Sunias, etc. She was represented 
 as a young woman armed with the lance and shield, 
 cegis, and with a crested helmet, or one surmounted by 
 an owl, a sphinx, or griffins : the dragon and olive, and 
 a thunderbolt in her hand, were also her insignia. An 
 image of Minerva, the Palladium, intimately connected 
 with the fate of the city, supposed to have been re- 
 ceived from heaven at Troy, and preserved in the temple 
 of Vesta at Rome, according to common belief, as I 
 mentioned ( 288), was a remarkable object in the par- 
 ticulars of her worship. 
 
 1 ) Derived from mens, monens, etc. Cf. Cic. de N. D. 2, 26. 3, 
 24. 2) Cf. Ovid. Fast. 3, 827. 3) lb. 817. Cf. Tib. 2, 1,65. 
 From the offices attributed to this divinity came the expressions, 
 pingui, crassa, invito, tenui Minerva, texta Minervce, etc. 4) See 
 Pitiscus in ternplum. 5) Ovid. Fast. 3, 835, sqq. 
 
 299. Venus 1 , the emblem of self-producing and self- 
 renewing nature, the goddess of loves, the mother of 
 Cupid {Amor, epcos), the wife of Vulcan, JEneadum 
 genitrix 2 , presiding over marriages, and the goddess of 
 pleasures and of grace, venus, veneres, venustas : as in 
 the case of other idols, several were worshipped under 
 this title of different origin and with various attributes, 
 such as Dio?ie 3 . Venus had temples at Rome under 
 
358 ROMAN ANTIQUITIES. [chap. iv. 
 
 the titles of Cluacina* and Libitina, the former built 
 by Titus Tatius, the other by Servius Tullius ; but 
 Beaufort (v. I. p. 29) supposes she had no temple there 
 before A. U. C. 458*. In later times they were nume- 
 rous, such as that of Venus Erycina, of Venus victrix, 
 of Venus genitrix ; and from the time of Julius Caesar 
 she was one of the most popular of Roman idols. Sacred 
 to Venus were, the sparrow, dove, swallow, swan, and 
 the wagtail, iynx, the myrtle, rose and apple, and the 
 month of April. Her titles were very numerous, such 
 as Frutis(?), Verticordia, Cytherea, Cypria, Paphia, 
 Amathusia, Erycina; and she was styled Domina, ma- 
 ter amorum, Myrtea, sometimes Barbata, Calva 6 . She 
 was represented as drawn in a car by doves or pigeons, 
 sometimes in a shell drawn by tritons or nereids, often 
 with Mars, Anchises, Adonis, or Mercury. The most 
 remarkable of her insignia were the apple, eris, and a 
 key, arrow, bow, whip, and torch. 
 
 1 ) Venio has been suggested as the root of this word (cf. Cic. 
 de N. D. 2, 27. 3, 24.) tvvw, (3aivu>. 2) Cf. Lucr. 1, L 3) Cf. 
 Cic. ib. 3, 23. 4) Cf. Lactant. 1, 20. 5) Cf. Liv. 10, 31. 
 
 6) Cf. Lact. 1, 20. 
 
 300. Diana 1 , the "Apre/M? of the Greeks, the daughter 
 of Jupiter and Latona, the virgin sister of Apollo, of 
 threefold power, diva tr if or mis 2 , Hecate on earth, Luna 
 (Phcebe) in the sky, Proserpine in the shades below, 
 presiding over childbirth under the title of Lucina, in- 
 voked by magicians and sorcerers ( 316), the goddess 
 of hunting, and accompanied by nymphs such as the 
 Dryades and Oreades. Perhaps the first temple erected 
 to her at Rome was that on mount Aventine, dedicated 
 to her by Servius Tullius, resorted to by the people of 
 Latium 3 as well as by the Romans; she afterwards had 
 several, such as that of Diana Aricina, near Aricia, to 
 the rites connected with which the Rex Nemorensis 
 was attached 4 ; Livy, XL. 2, also mentions one to her 
 
sect. 301.] ROMAN ANTIQUITIES. 359 
 
 under the title of Luna. Her worship was associated 
 with that of Apollo, and she was commonly included 
 together with him and the principal deities of the city 
 in prayers and sacrifices 5 . Among the objects sacred 
 to her were, implements of the chase, dogs, and the horns 
 and spoils of wild beasts, which were hung up to her 
 on trees 6 . Among her titles were, Latonia, nemorum 
 virgo, jaculatrix (i\a<j)r)/36\os), Trivia, Cynthia, Delia, 
 Orthosta, Ephesia, Taurica, Aricina (Nemorensis). 
 She was represented as a young woman clad for hunt- 
 ing, a quiver on her back, a bow, an arrow, a dart or a 
 torch in her hand : sometimes in a car drawn by oxen 
 or stags, sometimes riding on a stag or ox. The Diana 
 of the Ephesians was an idol of a distinct kind. 
 
 1) Dia Jana. Cf. Varro de R. R. 1, 37; Macrob. Saturn. 1, 9. 
 2) Hor. Od. 3, 22. 3) Cf. Liv. J, 45. 4) Cf. Suet. Cal. 35 ; 
 Ovid. Fast. 3, 271. 5) Cf. Liv. 5, 13. 25, 12; Hor. Carm. 
 
 Sac. and Od. 1, 21. 6) Cf. Prop. 2, 15, 19. 
 
 301. I have already mentioned Janus as one of the 
 dii selecti ( 287). Tradition related that Saturn 1 , 
 the earliest god of agriculture worshipped in Italy, 
 being banished heaven, was hospitably received by 
 Janus, and dwelt on the hill afterwards called the Capi- 
 toline, and introduced the golden age into Italy whilst 
 reigning there ; whence the Satumian reign, mountain, 
 land, and city. In later times he was confounded with 
 the Chronos of the Greeks, the son of the earth and the 
 sky, and the personification of time. Though not admit- 
 ted among the dii consentes, still he was held in peculiar 
 reverence at Rome, and seems to have had a temple 
 there, at least during the last years of the regal power 2 . 
 Gladiatorial shows were sacred to him as being a god 
 of the lower regions ( 350) ; his titles were, falcifer, 
 vitisator (the vine planter 3 ), and sterculius* from his in- 
 troducing the use of manure. He was represented as 
 a hoary old man with a long beard, holding a scythe 
 
360 ROMAN ANTIQUITIES, [chap. iv. 
 
 (apTTTj) in his hand, and sometimes his own children, 
 whom he is devouring ; he is also represented holding 
 a serpent bent into a circle, the emblem of eternity. 
 
 1) Perhaps derived from satio, or saturare, etc. Cf. Fest. in opi- 
 nio, and saturno dies; Cic. de N. D. 3, 24. 2) Cf. Liv. 2, 21 ; 
 Macrob. Saturn. 1, 7, 8. 3) Cf. Virg. iEn. 7, 178. 4) Ma- 
 crob. 1, 7. 
 
 302, Pluto, commonly called Hades by the Greeks, 
 was also termed Dis, quasi Dives, which agrees with 
 the origin of Pluto (7t\oi5tos), and Orcus *, the brother 
 of Jupiter, the god of the departed, inferorum, to whom 
 formerly human victims were offered, had a temple at 
 Rome under the title of Summanus, dedicated to him 
 during the war with Pyrrhus 2 . The cypress, the nar- 
 cissus, maiden's hair, adianthus, and the thighs of vic- 
 tims, were sacred to him : black animals were sacrificed 
 to him 3 , such as black oxen and sheep. His title, 
 Summanus, was given him as being summus manium; 
 but Ovid questions whether this idol was the same 
 as Pluto ; he is also called the lord of the shades, Jupiter 
 Stygius, Vejovis, Februus ( 336), Feralis, Quietalis, 
 Soranus*, We find him depicted as a stern and bearded 
 old man on an ivory throne, or borne in a car ; his 
 crown was also of ebony, or of adianthus, or narcissus ; 
 Cerberus sits at his feet ; in his hand he carries a 
 sceptre or a key. He is associated with Proserpine the 
 daughter of Ceres, whom he carried off, the queen of 
 the shades, styled Juno infera, profunda, Lucina, 
 Averna, Hecate, Libera, etc. The seeds of the pome- 
 granate were sacred to her 5 , and also the bat; sows, 
 and barren cows were sacrificed to her. The Fates, 
 Parca? 6 (Molpat), Clotho, Lachesis and Atropos, the 
 weird sisters (fatidicce 1 ), one spinning the thread of 
 mortal life, which the other draws out and the third 
 severs 8 , were his ministering attendants ; also the Furie 
 (Eumenides, Erinnyes, Dirce), etc. 
 
sect. 304.] ROMAN ANTIQUITIES. 361 
 
 1) Cic. Verr. 4, 50. 2) Cf. Ovid. Fast. 6. 731. 8) Cf. 
 
 Tib. 3, 5, 33. 4) Cf. Serv. ad JEn. 11, 785. 5) Cf. Ovid. 
 
 Met. 5, 536. 6) Cf. Claud. R. P. 1. 55. 7) Cf. Virg. Eel. 4, 
 45 ; Cat. 64, 305, sqq. 8) Cf. Cat. ib. 310, sqq. 
 
 303. Liber {Bacchus, Loebasius), the son of Jupiter 
 (Dionysus) by Proserpine when considered as the god 
 of mysteries, but otherwise by Semele, the inventor and 
 god of wine, hence called Bacchus, Bacchi munera, 
 the introducer of the cultivation of the grape, the per- 
 sonification of fostering nature and social happiness 1 , 
 the giver of gladness, the god of tragedy, and in fact of 
 poets in general, had a temple at Rome shared by Ceres 
 and Libera ( 297), as well as others dedicated ex- 
 clusively to him. The vine, implements for vintage, the 
 ivy and the snake, both emblems of eternal youth, and 
 the panther and tiger, emblems of irresistible power, 
 were sacred to him ; his most usual victim was a he-goat : 
 among his endless titles may be mentioned Thebanus 2 , 
 as distinguished from the Indian and Assyrian Bacchus, 
 Bassareus, Bimater, Bromius, Lyceus, Eleleus, Euan 
 (evoe), Iacchus, Letuzus (Xikvlttjs 3 ). He is also fre- 
 quently termed Pater*, and, in accordance with this epi- 
 thet, he is sometimes found under the form of a bearded 
 old man 5 , though generally represented as a ruddy 
 youth 6 crowned with ivy, vine-tendrils and leaves, or 
 with a mitra circlet, with gilt horns scarcely projecting, 
 carrying the thyrsus, thyrsiger, or a club, a goat's or 
 a panther's skin thrown upon his shoulders, and some- 
 times shod in the buskin ; he is very generally repre- 
 sented in a car drawn by tigers, lions, lynxes, and par- 
 ticularly by panthers. 
 
 1) " Liber et Alma Ceres," Virg. Georg. 1, 7. 2) Ovid. Met. 4, 
 11. 3) Cf. Virg. Georg. 1, 166. 4) Ct. Hor. Od. 3,3, 13. 
 
 5) See Macrob. Satur. 1, 18. 6) Cf. Tib. 1, 4, 33. 
 
 304. Tellus (cf. TeWco), the yala of the Greeks, the 
 earth, the wife of Uranus, the all-producing mother, 
 and, confounded with Ops, Rhea and Cybele, had a 
 
362 ROMAN ANTIQUITIES. [chap. iv. 
 
 temple at Rome of great antiquity, cedes Telluris 1 , and 
 her peculiar worship was long kept up. A pig was 
 offered to her 2 . 
 
 Sol (cf. aekas and solus), the "HXios of the Greeks, 
 born of Hyperion and Thia, the father of Phaeton and 
 the Heliades, confounded also with Apollo, his par- 
 ticular worship being still kept up, had very ancient 
 temples at Rome, and one shared with him by Luna. 
 Heliogabalus introduced the worship of a Syrian idol 
 of the sun, and he and Aurelian built new temples to 
 him. Sol was called Titan, Hyperion, Mithras ; his 
 usual epithet was aureus; he was represented as a 
 youth with a radiant crown on his head, in a four- 
 horsed chariot, accompanied by the Hours; his har- 
 binger was Aurora his sister. 
 
 Luna (cf. lux and Lucina), the ^eXijvrj of the Greeks, 
 the sister of Sol, and possessing the attributes of Diana 
 as Sol did of Apollo 3 : and although there were many 
 temples appropriated to the worship of the idol of the 
 moon at Rome 4 , her worship was transferred to Diana. 
 She was represented with a sickle in her hand, and horns 
 on her head ; whence Horace's expression, siderum 
 regina bicornis 5 , drawn by horses or stags yoked to her 
 car. A male idol, Lunus, is also mentioned. 
 
 1) Cf. Liv. 2, 41 ; Cic. pro Dom. 38 ; Liv. 39. .22. 2) Cf. 
 
 Hor. Ep. 2, 1, 143. 3) Cf. Hor. Carm. Saec. 4) Cf. Tac. 
 
 Ann. 15, 41. 5) lb. 35. 
 
 305. Genius (from geno, i. e. gigno), belonged to the 
 mythology of the Romans rather than to that of the 
 Greeks, considering him, as I do here, as the tutelary 
 deity of every individual, born and dying with him, the 
 sharer of his lot, and almost the individual's second 
 self 1 : it is thus the word is to be understood in the ex- 
 pressions indidgere genio,placare 2 , defraudare genium 3 ; 
 male, bene habere genium; genialis dies, lectus, etc.: 
 yet the dead even were supposed to have genii, to whom 
 offerings were made 4 . Some consider that there were 
 
sect. 306.] ROMAN ANTIQUITIES. 363 
 
 two such spirits, genius albus and ater 5 ; others, that the 
 same was at one time termed albtis, at another time 
 ater, according as he was good or evil. Flowers, wine 6 , 
 incense, cakes 7 , and sometimes victims 8 , were offered to 
 him: his statue was placed among those of the lares, 
 of whom some reckon him to have been one, and 
 adorned with flowers and leaves : he was worshipped 
 during the Saturnalia, and on birthdays particularly 9 . 
 It was customary also to swear and to beseech by the 
 genius of a person 10 . He is represented crowned with 
 flowers, with or without wings, generally holding a 
 serpent and a dish, often one or the other with a cor- 
 nucopias ; sometimes an altar near him. Even places 
 had their respective genii, such as springs, cities, 
 barns ; in fact, the gods are described as having genii 11 . 
 
 1) Cf. Hor. Ep. 2, 2, 187. 2) Cf. Hor. A. P. 210. 3) Cf. 
 Ter. Phorra. 1, 1, 10. 4) Cf. Ovid. Fast. 2, 545. 5) Hor. 
 
 Ep. 2, 2, 189. 6) Hor. Ep. 2, 1, 144. 7) Cf. Ovid. Am. 1, 
 
 8, 94. 8) Hor. Od. 3, 17. 14, 4. 11, 7. 9) See Censor, de 
 
 Die Nat. c. 2 ; Ovid. Trist. 3. 13, 13, sqq. ; cf. Pers. Sat. 2, 3. 
 10) Cf. Sen. Ep. 12 ; Suet. Cal. 27. 11) Cf. " Genius Priapi," 
 
 Petron. 21. 
 
 306. Besides the dii selecti, the Romans had several 
 idols not ranked among the superior divinities, nor yet to 
 be classed among the inferior, and confounded severally 
 with some one of the superior divinities. I have men- 
 tioned ( 388), some of the original Italian idols as 
 belonging to this class ; of foreign idols, Cybele and the 
 Egyptian idols worshipped in later times at Rome ; 
 Osiris, Serapis, Anubis, Harpocrates, whom I shall 
 merely mention : Isis 1 , also, worshipped with peculiar 
 superstitious rites by women, even by the most aban- 
 doned ; she was represented with horns on her head, 
 sometimes with a globe suspended between them, with 
 the lotus flower and other emblems, holding the sistrum* 
 in her hand; they were also carried by her priests, 
 who were termed turba Pharia, linigera. 
 
364 ROMAN ANTIQUITIES. [chap. iv. 
 
 But Cybele (KvfiikT} and Kvfirjfir}, cf. Kvftos), was by 
 the Greeks confounded with Rhea and Vesta, and by 
 the Romans, consequently, with Ops and Tellus ( 304), 
 being considered the mother of the gods, of men, and 
 of all living creatures, a personification of all-producing 
 earth, and, consequently, from her producing men and 
 agriculture, the promoter of civilization, and the guar- 
 dian of cities 3 : she was worshipped at Rome from 
 A. U. C. 547, the Sibylline books having advised it, 
 and ambassadors having been despatched to king 
 Attalus to seek a goddess whose type, a square stone, 
 tradition reported to have fallen from the sky : she was 
 received at the mouth of the Tiber with pomp, and the 
 ship drawn into harbour by the chaste Claudia; and was 
 worshipped at Rome, first in the temple of Victory, 
 afterwards in temples dedicated to her, new festivals 
 having been added to the primitive opalia, called Me- 
 galesia and Lavatio Matris deum A . The titles of Cy- 
 bele were Magna Mater, Pasisthea, Idcea, Dindymene , 
 Berecynthia, Bona Dea ; according as she was a dis- 
 tinct divinity or confounded with Cybele. She was 
 represented as a matron with a veil over her counte- 
 nance, symbolical of the secret operations of nature, 
 and crowned with a circlet of towers, her peculiar em- 
 blem ; holding in her right hand a sceptre, in her left 
 a tambourine, tympanum, the symbol of the power of 
 music over mankind, borne on a car over the globe, 
 drawn by lions, or else seated on a lion ; sometimes 
 ears of corn are represented with her, and the sun on 
 her right, the moon on her left hand. 
 
 1) Cf. Ovid. Am. 1, 8, 74 ; Prop. 2, 31 ; Tib. 1, 3, 23 ; Juven. 6, 
 489 and 526. 2) Cf. Ovid. Am. 3, 9, 33 ; Met. 9, 685, sqq. 
 3) Cf. Lucret. 2, 598, sqq. 4) Cf. Liv. 29, 2, sqq. ; Ovid. Fast. 
 4, 257, sqq. 
 
 307. Among the dii minores were, the divi noven- 
 siles, which some explain as being newly-made gods, 
 
sect, 307.] ROMAN ANTIQUITIES. 365 
 
 some as nine gods, others as the Muses 1 : also the dii 
 indigetes, which Livy distinguishes from the novensiles*: 
 by the term indigetes, in its widest sense, were under- 
 stood the original and primitive idols of the Italians, 
 but taken more exclusively to mean deified heroes, 
 se?nones 3 : such the Romans considered Janus to be 
 ( 287), Picas, Faunus, JEneas, Pater Indiges and Jupi- 
 ter Indiges*. Romulus was associated with them under 
 the title of Quirinus ( 286), as well as the emperors 
 who were deified. Castor and Pollux, of Grecian di- 
 vinities, belonged to this class, as well as Hercules and 
 iEsculapius. Castor and Pollux, styled Dioscuri, Tyn- 
 daridce, Gemini, Castores, were the tutelary gods of 
 sailors 6 , and of mankind in general. They were sup- 
 posed to have come to the assistance of the Romans at 
 the lake Regillus ( 139), and in consequence were 
 honoured with a temple at Rome 6 . It was customary 
 to swear by both ; hence the expressions pol, cedepol, 
 ecastor, mecastor 7 . I have already said that Hercules 
 was confounded with Sancus ( 285). The origin of 
 his worship at Rome, and the Ara Maxima appro- 
 priated to it 8 , are traced to the fable of his arrival in 
 Latium, and his friendship with Evander ( 37). He had 
 many temples ; in one of which he was associated with 
 the Muses under the title of Hercules Musagetes 9 . By 
 the advice of an oracle, during the raging of a pesti- 
 lence, iEsculapius was sent for to Epidaurus and trans- 
 lated under the form of a serpent; he had a far-famed 
 temple on the Tiberine island 10 . 
 
 1) Cf. Arnob. adv. Gent. 1.3; Varro de L. L. 4. p. 20. 2) Liv 
 8, 9. 3) Cf. Cic. de Legg. 2, 8 ; Serv. ad Virg. Georg. 1, 498 
 Gell. 2, 16. 4) Cf. Liv. 1, 2 ; Tib. 2, 5, 44 ; Virg. JEn. 12, 794 
 5) Cf. Hor. Od. 1,12, 25. 4, 8, 31. 6) Cf. Liv. 2, 20. 9, 43 ; Cic 
 de N. D. 3, 5 ; Suet. Cal. 22. 7) Cf. Gell. 11,6. 8) See 
 
 Ovid. Fast. 1, 581 ; Prop. 4, 10. 9) Cf. Ovid. Fast. 6, 799 
 
 Suet. Aug. 29. 10) Cf. Liv. 29, 11 ; Ovid. Met. 15,622, Bqq. ; 
 
 Fast. 1,289 ; Suet. Claud. 25. 
 
366 ROMAN ANTIQUITIES. [chap. iv. 
 
 308. The habitations, attributes, and offices of the 
 other inferior divinities ( 289), are such that it is im- 
 possible to draw a denned distinction between them and 
 the superior divinities. Among the rustic divinities 1 
 are Pan, Faunus, Sylvanus, Terminus, Priapus, Ver- 
 tumnus, Pomona, Pales, Flora, etc. 
 
 Pan * (cf. ird(o and irav), the Lupercus (query lupos 
 arcens, cf. Lyceus), also called Inuus, born in Arca- 
 dia, and styled Deus Arcadice, Tegeceus, the god of 
 shepherds, haunting mountains and pastures, (Lyceus, 
 Maenalus,) fond of the pastoral reed 2 (444), and of 
 entrapping nymphs ; in form combining that of man 
 and beast, with a red face, horned head, cloven-footed, 
 generally represented with a syrinx, or pandean pipe : 
 he was one of the most celebrated of the idols of an- 
 tiquity, and common tradition 3 said that his worship was 
 introduced into Latium by Evander, an Arcadian ; the 
 Lupercal and Lupercalia ( 327) have reference to his 
 worship. Honey and milk were offered to him. Fau- 
 nus, an original divinity of Italy, resembles Pan ; lambs 
 and kids were sacrificed to him 4 . His name Faunus 5 , 
 afavendo, seems to corroborate the story 6 of his having 
 received hospitality from Evander, i. e. the good man: 
 Fauna 7 was his wife, also called Fatua ; her name may 
 be derived from her giving oracles, afando 8 , and thus 
 agreeing in her name and office with Carmenta, the 
 mother of Evander ; the name of Bona Dea also cor- 
 responds to that of Fauna, who is feigned to have been 
 the same as Ops (Maia, Cybele), and was called simply 
 Bona Dea 9 , her secret name being suppressed. She 
 
 * The following beautiful lines might have furnished our author 
 perhaps with the best illustration to this section. 
 
 " Et genus agricolum late sentiscere, quum Pan 
 Pinea semiferi capitis velaraina quassans 
 Unco ssepe labro calamos percurrit hiantes, 
 Fistula sylvestrem ne cesset fundere inusum." 
 
 Lucretius, IV. 
 
sect. 309.] ROMAN ANTIQUITIES. 367 
 
 was also called Damia 10 , whence damium sacrificium 
 (qu. a hrj^iosy publicus), and damiatrix (?). Her wor- 
 ship was of a mystical nature, and celebrated only by 
 matrons (the vestal virgins presiding) in the house of 
 the Pontifex Maximus or of the consuls or praetors, 
 from which men were strictly excluded 11 : learned men 
 suspect, rather than prove, that they were the same as 
 the mysteries of Ceres or Cybele 12 . With Pan and 
 Faunus the satyrs, Satyri, Sylvani, Silent, are asso- 
 ciated. 
 
 1) Cf. Virg. Georg. I. init. 2) Cf. Tib. 2, 5, 27. 3) Cf. 
 Ovid. Fast. 2, 279. 4) Cf. Hor. Od. 1, 4, 11. 1, 17. 3, 18. 
 
 5) Cf. Macrob. Saturn. 1, 12. 6) Cf. Wachsm. p. 103. 7) Cf. 
 Lact. 1,21. 8) Cf. Creuz. Symbol, v. 1. p. 51. 9) Cf. Ma- 
 crob. 1. c. 10) See Fest. in Damium. 11) Cf. Cic. ad Att. 
 1, 12 ; pro Mil. 5; de Har. Resp. 17; Tib. 1, 7. 22, 3. 5, 7 ; Dio 
 Cass. 37, 45. 12) Cf. Arnob. adv. Gent. 1.5. 
 
 309. Sylvanus was also one of the original idols of 
 Italy l , and held in great honour ; to him also being at- 
 tributed the first advancement in rural social life ; de- 
 lighting in trees (hevhpofyopos 2 ), the protector of bound- 
 aries, and of all agricultural interests, he is sometimes 
 confounded with Faunus or Pan ; sometimes considered 
 as a distinct being, and often as corresponding to Mars 
 Sylvanus. Men only (?) sacrificed to him, offering him 
 grapes and wine, at other times a pig 3 . His presence 
 and influence were fatal to women newly delivered ; and 
 to avert these, as soon as the child was born, three mem- 
 bers of the household invoked Intercidona, Deverra, 
 and Pilumnus, and walked thrice round the house ; one 
 struck the threshold with a hatchet, another thrust in 
 the end of a pestle, the third swept it with a broom 4 . 
 He was represented bearing a pruning-knife, a pine, or 
 cypress-tree 5 . 
 
 1) Cf. Virg. iEn. 8, 600. 2) Cf. Virg. Geor. 1, 20. 3) Cf. 
 Hor. Ep. 2, 1, 143 ; Epod. 2, 22 ; Juven. 6, 447. 4) See Aug. 
 
 de Civ. D. 6, 9. 5) Cf. Virg. 1. c. and Pitiscus in Sylvanus. 
 
368 ROMAN ANTIQUITIES. [chap. iv. 
 
 310. Of Terminus I have already spoken ( 283). 
 Priapus, said by some to have been the son of Mercury, 
 by others the son of Bacchus, was particularly wor- 
 shipped at Lampsacus, whence Priapeia, Ithyphallus, 
 vitreus Priapus, etc. ; and was particularly the god of 
 the country and of gardens K His statue was generally 
 of wood, and represented him as a boy obese and mis- 
 shapen, with a red face, and body usually stained with 
 vermillion ; sometimes he appears as a man with shaggy 
 locks and a long beard. In his hand he carries a sickle, 
 or club, or both, sometimes a cornucopise, or various 
 fruits in his bosom, and on his head an ivy-wreath. 
 His titles were, custos, or tutor horlorum, Mutinus 2 , 
 Ithyphallus, Lampsacius, Hellespontiacus. Concern- 
 ing the practice of sacrificing an ass to Priapus in con- 
 sequence of his love adventures, see Ovid, Fast. I. 391, 
 VI. 319. 
 
 1) Cf. Hor. Sat. 1, 8 ; Virg. Georg. 4, 111 ; Catull. 19 and 20 ; 
 Tib. 1, 4, init. 2) Cf. Lact. 1, 20. 
 
 311. Vertumnus, so named from the revolving of the 
 seasons, from turning the course of rivers, or from bar- 
 tering and exchanging wares 1 , was also an original 
 Italian or perhaps Etruscan idol ; he presided over the 
 revolving seasons of the year, and agricultural opera- 
 tions depending on them, also over trafficking ; in fact 
 he was the emblem of ever-changing nature, and hence 
 was supposed, as the Proteus of the Greeks, to have the 
 power of assuming various forms. He had a temple at 
 Rome in the vicus Tuscus 2 . Considered as a rustic 
 divinity he was represented naked from the waist up- 
 wards, with a garland of grass round his head, bearing 
 fruit or a cornucopiae in his hand ; at other times, clad, 
 the skin of a wild animal on his shoulders, a pruning- 
 hook in his hand, and a wreath of ears of corn on his 
 head. Pomona 3 , a nymph, was the wife of Vertumnus; 
 
sect. 313.] ROMAN ANTIQUITIES. 
 
 she took an interest in the cultivation of gardens and 
 fruit trees : in order to gain her affections Vertumnus 
 assumed the form of an old woman, and then suddenly 
 resumed his real form. She was represented as carry- 
 ing fruit in either hand and round her brows, clad or 
 otherwise, leaning against a tree, with fruit hanging in 
 a basket on a bough. 
 
 1) Cf. Prop. 4, 2, 10 ; Ovid. Fast. 6, 410. 2) Cf. Hor. Epist. 
 1, 20, 1. 3) Cf. Ovid. Met. 14, 623. 
 
 312. Pales (cf. parere, palare, 7rdco) was the god of 
 shepherds ( 38) and of fodder, and protected flocks 
 from wild beasts and murrain 1 ; this idol is sometimes con- 
 sidered as a god, sometimes as a goddess, and confounded 
 with Cybele and Vesta, when associated with the idea of 
 all-producing nature personified. Flora, resembling the 
 Chloris 2 of the Greeks, was the goddess of flowering 
 corn and shrubs, and blossoming trees and vines 3 ; Ze- 
 phyrus gave her dominion over all flowers when he 
 made her his wife : it is said that her worship was in- 
 troduced into Rome by Tatius ; the obscenity practised 
 at her festivals, ludi Florales, Floralia, was extreme 4 : 
 she was represented as a girl decked with flowers. 
 
 Among other idols of the country people, are men- 
 tioned Seja, Tutelina, Matura, Deus Sator, Insitor, 
 Occator, Stercucius, Robigus, Messor. To this class 
 also belong the nymphs of the mountains, Oreades ; of 
 woods, Napaeae; besides Dryades, Hamadryades, and 
 others. 
 
 1) Cf. Virg. Georg. 3, 1 ; Ovid. Fast. 4, 747 ; Tib. 1, 1. 16, 2. 
 5, 28. 2) Cf. Ovid. Fast. 5, 195. 3) lb. 5, 212. 4) Cf. 
 
 ib. 183 and 331. 
 
 313. The term plebeian gods, which we find applied to 
 the rural idols, is applicable to the inferior divinities of 
 the lowest class l , such as Fornax ( 336), Limentinus, 
 Forculus (foriculus), Mephitis, Cloacina (?), Libitina 2 , 
 
 b b 
 
370 ROMAN ANTIQUITIES. [chap. iv. 
 
 and Naenia, who were invoked at funerals; Pertunda 3 , 
 Stimula, Levana 4 , as though pueros levans (see 83), 
 Cunina, who presided over cradles, Nundina ( 483), 
 Orbona, Laverna, the goddess of thieves 6 ; and such as 
 Deus Rediculus, Aius Locutius 6 , Vaticanus, and a thou- 
 sand others, which, from their absurdity, furnished the 
 early fathers of the church with laughing-stocks 7 . 
 Among the sea-gods were Oceanus, Tethys, Neptune, 
 Amphitrite, Glaucus,Nereus,Leucothea,and Palaemon, 
 (Matuta, Portumnus) : their attendants were the Ne- 
 reids, and Tritons. Divinities supposed to preside 
 over fountains, rivers, and lakes, were called Naiades. 
 Some divinities were also called inferi ( 302), from 
 their habitations, in opposition to those termed superi ; 
 the particular worship of either differed in some re- 
 spects : others, from their office of averting evil, aver- 
 runci, (averruncantes 8 ,) who were termed airoTpoiraLOL 
 and akegltcatcoi, by the Greeks ; some, nuptiales, such as 
 Jupiter, Juno, Venus, Diana ; those invoked by women 
 in labour 9 , nixi, (from niti, that is, par ere 10 .) In the 
 same rank we must class those presiding over roads, 
 viales, semitales, and the terminates, etc. They were also 
 distinguished as geniales, genitales, natalitii, tributarii, 
 etc., for various other reasons. Finally, divinities were 
 distinguished as either public or private; the former 
 worshipped by the whole city or people, the latter only 
 by families, houses ( 79), or individuals. The Lares 
 and Penates belong to both these classes. 
 
 1) See Araob. 1. 4. p. 130, sqq. 2) Cf. Hor. Od. 3, 30, 7. 
 
 3) Aug. de C. D. 6, 9 ; Arnob. 1. 4. 4) Aug. de C. D. 4, 11. 
 
 5) Hor. Ep. 1, 16, 60. 6) Cf. Liv. 5, 50. 7) Cf. Aug. de 
 
 C. D. 4, 16. 8) Cf. Cat. de R. R. c. 141 ; Varro de L. L. 6. 
 
 p. 81 ; Liv. 8, 6. 9) Cf. Ovid. Met. 9, 294 ; Fest. in nixi dii. 
 
 10) Cf. Virg. Georg. 4,199. 
 
 314. The Lares, according to one account, for there 
 are several, were sprung from Mercury and Lara or La- 
 
sect. 315.] ROMAN ANTIQUITIES. 371 
 
 runda (\a\77) 9 ; they were the especial guardians of pri- 
 vate houses, hence they were called patrii 3 , domestici, 
 and familiares ; but some of these beings were also sup- 
 posed to protect roads, fields, and cities, hence these 
 were styled viales, compitales, agri custodes ; we read 
 of Lares marini, rustici, and militares also. Images of 
 the Lares, representing them of a diminutive form, clad 
 in dog skins, were ranged around the hearth, and thus 
 were styled genii focorum, dii later ani * ; lar is also 
 used for the hearth and home, and lararium for the 
 place where they were kept : the image of a dog, 
 man's faithful companion, was associated with them. 
 The Romans most sedulously honoured them, offering 
 to them wine, incense, and flour, and portions of their 
 meals upon plates 6 on the calends of May and on festi- 
 vals, decking them with wreaths of flowers, also offering 
 the first fruits of the harvest, cakes and grapes, some- 
 times even a lamb, pig 6 , or calf. 
 
 1) Cf. Arnob. 1. 3. 2) Ovid. Fast. 1, 616. 5, 135 and 140 ; 
 
 Lact. 1,20. 3) Tib. 1, 10, 15. 4) Cf. Arnob. 1. 4. 5) Cf. 
 Plant. Aulul. prol. v. 23 ; CistelL 2, 1, 46, where they are called di 
 patellarii; Tib. 1, 1, 37. 6) Cf. Tib. 1, 11,25 ; Hor. Sat. 11, 
 
 3, 164. 
 
 315. The Penates are often confounded with the 
 Lares, and so with the Genii ( 305) ; they were named 
 penates 1 , as though penitus,\. e. intus stantes,hemg kept 
 inside the house, or else from penu, victuals, according 
 to some 2 . They differed, however, from the lares, in 
 being worshipped and kept only in the inmost chambers 
 of houses and temples, and nowhere else, though they 
 also were divided into domestic and public: antiquarians 
 distinguish them also by supposing the lares to be of 
 human, the penates of divine origin. Tradition stated 
 that iEneas brought the penates of the Romans into 
 Latium ; but what idols these were was a question 
 among the ancients : some supposed them to have been 
 
 Bb2 
 
372 ROMAN ANTIQUITIES. [chap. iv. 
 
 Jupiter, Juno, and Minerva, to which others added Mer- 
 cury and Vesta 3 . It is however certain that all families 
 and cities had not the same penates, but different ones, 
 and that among them were deified heroes. Many 
 things in their worship were the same as in the worship 
 of the lares, and penates as well as lar was commonly 
 used for home. It is said that in early times infants 
 were sacrificed to the penates : their statues, of various 
 forms, made of wax, wood, or other materials, were kept 4 
 in the inner hall, impluvium ; hence they are styled dii 
 penetrales 5 , and a\so patrii, the yevifrKioi of the Greeks, 
 and had other titles. 
 
 1) Cf. Virg. JEn. 8, 543. 2) Cf. Sen. (Edip. 265 ; Cic. de N. 
 D. 2, 27. 8) Cf. Macrob. Saturn. 3, 4. 4) Cf. Virg. JEn. 2, 
 512. 5) Sen. I.e. 
 
 316. Deified virtues, faculties, diseases, and others 
 of the same genus, remain to be mentioned ; these re- 
 ceived the honour of temples in consequence of vows 
 made, or on other very trivial occasions 1 . Of this class 
 mere Salus, Felicitas, Fortuna, Victoria (who was wor- 
 shipped in many temples at Rome), Pietas, Libertas, 
 Pax, Concordia, Fides, Spes, Volupia, Quies, Pavor 
 and Pallor 2 , Febris, Pudicitia, Bona Mens, Tempestas, 
 Fortuna Virilis, Fortuna Muliebris. I have stated that 
 Rome itself ( 39) was worshipped in the city and in the 
 provinces as an idol, so that we may the less wonder at 
 this honour being conferred 3 on the senate and on the 
 emperors ( 324). 
 
 I need not state that the idolatry of the Romans was 
 pure superstition, without the slightest tinge of the 
 knowledge of true religion. I have already mentioned 
 the superstitious rites of Isis (306) celebrated by 
 women. Diana ( 300) was in many respects the idol 
 resorted to for assistance in cases of desperate love and 
 unlawful desires, being invoked under the titles of 
 Thessalis, Lamia 4 , by witches, maga, sagce, venificce, 
 
sect. 317.] ROMAN ANTIQUITIES. 373 
 
 sagance, in set forms, with potent spells ; the influ- 
 ence of which, it was supposed, could be dispelled 
 by the sound of brazen instruments ; her presence was 
 by these incantations supposed to be compelled, and 
 she appeared accompanied by howling dogs. Thessaly 
 was the original and most celebrated seat of this super- 
 stition 5 ; hence also is to be derived the use of herbs 
 and their juices, and other things in philtres for rousing 
 love, compelling love, appeasing or averting it, and 
 torturing a rival 6 ; hence the expressions, venena Thes- 
 sala, Colchica, herbce nocentes ; cantus magicus, incan- 
 tare, incantamentum ; cantu deducere Lunam; iynx, 
 rhombus, etc. The belief in ghosts was connected with 
 the magic art, and was very prevalent, they being sup- 
 posed to haunt sepulchres, and to be under the control 
 of incantations 7 . These spirits of the departed, called 
 umbrce, manes, lemures, whence lemuria ( 206), were 
 worshipped with great reverence. 
 
 1) Cf. Cic. de Legg. 2, 11. 2) Cf. Liv. 1, 27 ; Lact. 1, 20. 
 
 3) Cf. Tac. Ann. 14, 31. 4) Hor. A. P. 345. 5) See Apul. 
 Met. 1. 2. init. ; Luc. 6, 435. 6) Cf. Theocr. Idyll. 2 ; Virg. Eel. 
 8, 64 ; iEn. 4, 487 and 509 ; Ovid. Met. 7, 174, sqq. ; Am. 23, 1, 2 ; 
 Tib. 1, 5, 11 and 1, 9, 17 ; Prop. 4, 5 ; Hor. Sat. 1, 8, 17 ; Epod. 5 ; 
 Od. 1, 27, 21 ; Juven. 6, 610. 7) Cf. Hor. Sat. 1, 8, 27. 
 
 CONCERNING PRIESTS AND THE PRIESTHOOD. 
 
 317. The dignity of the Priesthood 1 pertained in 
 the early ages of Rome exclusively to the patricians 
 ( 130), but afterwards, with the exception 2 of certain 
 priesthoods, the plebeians were allowed to participate in 
 it, and even then it was conferred on none but the most 
 reputable citizens : yet I do not suppose that the priests 
 at Rome, even in the infancy of the state, formed a dis- 
 tinct class, or a state within the state, as was the case 
 among other nations, and as some of the most learned 
 men have imagined to have been the case at Rome 
 
374 ROMAN ANTIQUITIES. [chap. iv. 
 
 (see 103, and the notes). Originally all, with the ex- 
 ception of the Pontifex Maximus, were elected by their 
 own colleges; afterwards the right of electing them was 
 vested in the people ( 148). They held their offices 
 for life, unless convicted of some heinous offence. The 
 Pontifex Max. consecrated those elected. A feast, 
 called ccena aditialis 3 , celebrated the admittance of any 
 person to the priesthood. 
 
 Antiquarians draw a distinction between the Roman 
 and foreign priests, and between those appointed to 
 the service of one idol in particular, and those who 
 were attached to many or to all : their assistants must 
 also not be confounded with the priests themselves. 
 The flamines, the Vestal virgins, the Salii, the Luperci, 
 and the Galli, were restricted to the service of one 
 certain idol each; the pontifices, augurs, haruspices, 
 the quindecimviri (commissioners for performing sacri- 
 fices), septemviri epulones, fratres arvales, fetiales, 
 curiones, sodales Titii, and rex sacrorum, performed 
 duties in the service of all idols. 
 
 1) From sacer, which some derive from orjKog, septum, fanum. 
 2) Among which were the Salii, flamines and rex sacrorum. Cf. 
 Cic. pro Domo. 14. 3) Cf. Plin. H. N. 10, 20; Sen. Ep. 95 
 
 and 123 ; Hor. Od. 2, 1 4 extr. 
 
 PRIESTS, NOT RESTRICTED TO THE SERVICE 
 OF ANY ONE IDOL. 
 
 318. Numa 1 appointed the first Pontifices 2 : one only, 
 I think, at first, and four afterwards, exclusively pa- 
 tricians 3 ; as many more of plebeian rank were added 
 A. U. C. 459 ; Sylla added seven more, and their num- 
 ber thus became fifteen. They were appointed to 
 superintend the public service of the temples and the 
 different priests, and to see that public sacred rites 
 should be duly performed, and private rites kept up 4 : 
 
sect. 318.] ROMAN ANTIQUITIES. 375 
 
 they also drew up the fasti or calendar of days ( 359) 
 depending on the order of festivals 5 ; they also heard 
 cases connected with religion; hence the jus pontificium, 
 or court of high priests 6 ; their presence was also neces- 
 sary at acts ofarrogatio ( 89), and confarreatio ( 477). 
 The Pontifex Max. was the president of the most 
 honourable college of priests ; he was elected by the 
 votes of the people ; and until A. U. C. 510, exclusively 
 from the patricians. Pontifices were also distinguished 
 into majores and minores, and by this latter appellation 
 some suppose that the secretaries, scribce, of the pon- 
 tifices were distinguished ; others, those added by 
 Sylla. 
 
 The principal duties of the Pontifex Max. were the 
 consecration of priests and the service of Vesta. For- 
 merly he compiled the annals called Annales Maximi 
 and Annales Pontificum 7 . In cases connected with 
 religion, he gave sentence according to the verdict of 
 the college, which had great authority, yet an appeal 
 lay against it 8 . He retained his office during his life- 
 time, and inhabited the palace, regia, with the Rex 
 Sacrificulus 9 . I have already mentioned that the em- 
 perors appropriated to themselves the dignities of this 
 office ( 222), Among other things, we are told that 
 formerly he was not allowed to leave Italy 10 , and that 
 the touch, perhaps even the sight of a dead body pol- 
 luted him : the insignia of the pontifices were the prse- 
 texta and a pointed cap n . 
 
 1) Some say they were called Pontifices from their building the 
 Pons Sublicius ( 47) or from their sacrificing (facientes) on it. 
 Cf. Lyd. 2, 4 ; Dionys. 1. 2. p. 132 ; Varro de L. L. 4. p. 22. 
 2) Cf. Liv. 1, 20. 3) Cf. Liv. 10, 6. 4) Cf. Liv. 1, 20. 
 
 5) Cf. Liv. 9, 46. 6) Cf. Tac. Ann. 1, 10. 7) Cf. Beauf. 
 
 Incertit. p. 1. c. 4. 8) Cf. Cic. de Legg. 2, 19, sqq.; Beauf. 
 
 Rep. R. p. 36. 9) Cf. Suet. Caes. 46. 10} Cf. Liv. 28, 38 
 
 and 44, and Ep. 1. 59. 11) Called galerus, wnence galeritus ; 
 
 or apex, or tutulus ; whence tutulatus ; Varro de L. L. 6. p. 73. 
 See 454. 
 
376 ROMAN ANTIQUITIES. [chap, i v. 
 
 319. The Romans who, after the manner of other na- 
 tions, transacted no important public business without 
 consulting their gods, inquired into their will by observ- 
 ing certain signs ; which observation, as well as the right 
 of observing, and the signs themselves, were termed au- 
 gurium 1 and auspicium 2 . And, as among the Greeks, 
 a popular superstitious observance of auguries and 
 omens, or of prodigies, phaenomena, monsters, and ca- 
 sualties 3 in private affairs prevailed, whence a distinction 
 between public and private omens. The number of these 
 was infinite, and the variety of interpretations of them 
 great; omens were collected from animals, plants, 
 water, and fire, etc., from the itching of the feet, the chat- 
 tering of the teeth, the crackling of flames, from strik- 
 ing the foot against an object, from seeing a wolf, a 
 vulture, an owl, and a thousand other occurrences 4 . In 
 transacting public affairs, not only the augurs but also 
 those in whom the execution of any duty lay (as it was 
 fair that they should) had the right of taking the 
 auspices, and therefore magistrates also enjoyed this 
 privilege 5 . Thus the augurs took the auspices by 
 order of such persons, but the augurs were themselves 
 to decide whether the auspices were favourable or not, 
 and whether duly observed or not ( 150) ; if aught 
 was done amiss, as for instance, when magistrates were 
 inauspiciously elected, they reported it to the senate, 
 even when they had not been consulted, in my opinion 6 . 
 The college of augurs, instituted as it is said by Numa, 
 consisted at first of three, then of nine, and at length 
 of fifteen priests. Their chief was termed augur max- 
 imus, and likewise magister collegii. Their insignia are 
 described as being the augur's cope, Icena, his robe, 
 olive-crown and cap; they held the lituus in their 
 hands 7 . 
 
 The augurs were commonly consulted in affairs of 
 importance ; and for averting omens or appeasing the 
 
sect. 320.] ROMAN ANTIQUITIES. 377 
 
 gods they directed sacrifices and other rites to be 
 performed : but their principal employment was during 
 the holding of the comitia ( 150). They jealously 
 preserved, even during the last stages of liberty, their 
 influence and authority in the state 8 , which was cer- 
 tainly adapted to, if not invented for, the strengthening 
 of the power of the patricians. Hence the dignity of 
 this priesthood was so great as to be sought for by men 
 of the first rank. 
 
 I) From avis and gerere as if avigerium, as it is usually ex- 
 plained ; cf. Serv. ad JBn. 5, 523 ; Fest. in augur. 2) From avis 
 and spicio as if avispicium. 3) Cf. Cic. de Div. 1, 16. 4) Cf. 
 Juv. 13, 62; Hor. Od. 3,27; Tib. 1, 3; Liv. 21. ult. 22, 1. 
 5) Cf. Cic. de Div. 2, 36. 6) Cf. Cic. de N. D. 2, 4 ; de Divin. 
 2, 35. 7) Cf. Liv. 1, 18 ; Virg. Mn. 7, 187. 8) Cf. Cic. de 
 
 Legg. 2, 13; de Divin. 1. 39 ; de N. D. 2, 3. 
 
 320. Public auguries were divided into three classes : 
 those taken from the appearances of birds, observations 
 taken from the state of the sky ( 151), and from 
 chickens, which last had reference only to war. Among 
 the omens drawn from observing the sky, thunder and 
 lightning were classed ( 151). Birds whose song or 
 voice afforded omens were called oscines, as though ob- 
 cinentes; those whose flight afforded them were termed 
 prcepetes and alites. Among the oscines, the jay, the 
 raven 1 , the owl 2 , with many others, were placed; and 
 among the alites, the eagle, the kite, and the crow 3 . 
 It appears, indeed, that some were considered both as 
 oscines and alites, and I do not think that because the 
 appearance of any bird was held fortunate or unlucky 
 therefore its voice was held so likewise 4 ; moreover, we 
 learn from Cicero 5 , that some birds seen or heard on 
 the right, others on the left, were held to confirm a 
 prayer. Augurs were in the suite of commanders-in- 
 chief, for the purpose of taking auspices from the con- 
 secrated chickens; hence they required an auguraculurn 
 and keepers of the chickens. (The auguraculurn was a 
 
378 ROMAN ANTIQUITIES. [chap. iv. 
 
 moveable building from which the augur made his ob- 
 servations). If the chickens ate greedily, which was 
 called tripudium 6 solistimum 7 , it was held an omen fa- 
 vourable to fighting ; if they did not eat, it was a bad 
 omen. Soldiers also drew omens from electrical ap- 
 pearances on the points of their weapons 8 , of which 
 little is known for certain : there were also omens styled 
 peremnia 9 observed when about to cross a river, per 
 amnem. 
 
 The following was the manner of taking the aus- 
 pices, whether from birds only, or also from the appear- 
 ance of the sky. After midnight, the weather being 
 fine, the augur having offered sacrifice and uttered 
 prayers on some lofty place, for instance, on the tower 
 of the Capitol, a place usually chosen for taking aus- 
 pices 10 , veiling his head, after that he had with the 
 lituus circumscribed a certain portion of the firmament 11 , 
 (which action is expressed by templum capere 12 ), sitting 
 with his face turned towards the south (east?), looked 
 on the portion of the sky he had fixed on with the 
 lituus, and watched for signs to appear in it 13 . Con- 
 cerning these signs, it is generally believed that those 
 on the left were lucky omens 14 , and those on the right 
 unlucky. Who can be surprised that the private inspec- 
 tion of auguries differed from the public as regarded 
 the favourable or unfavourable nature of the omens, 
 and that in both many things were of doubtful import, 
 and many others of disputed interpretation? 
 
 1) Cf.Hor. Od.3,27,landll; Pluedr.3, 18,12. 2) Cf.Ovid. 
 Met. 15,791. 3) Cf.Phaedr.loc.cit. ; Virg. Eel. 1,18; Hor.3,27,16. 
 4) Cf. Hor. ib. 16. 5) De Divin. 1, 39. 6) From terripavium, 
 according to Cicero, from their food striking the earth ; terrain 
 paviente, when it fell from their beaks ; and solistimum seems to 
 mean the same thing ; see Fest. " solistimum esse tripudium ; 
 quod avi excidit ex eo quod ilia fert ;" hence also tripudium soni- 
 vium is explained from the sound of the food falling ; cf. Cic. ad 
 Div. 6, 6 ; Serv. ad iEn. 5, 90 ; Fest. in sonivio. 7) Cf. Cic. de 
 Divin. 2, 34; Plin. H. N. 10, 21. 8) Cf. Cic. de Div. 2, 36 ; 
 
 de N. D. 2, 3. 9) Cf. Cic. de N. D. 2, 3 ; ' Fest. peremne. 
 
sect. 321.] ROMAN ANTIQUITIES. 379 
 
 10) Cf. Liv. 1, 18, "Deductus in arcem," and Cic. de Off. 3, 16, 
 " in arce augurium acturi essent." 11) Cf. Cic. de Divin. 1, 17. 
 12) " Capere tabernaculum" is a different thing (ef. 160), as we 
 learn from a note on Nieup., who confounded templum with 
 tabernaculum. 13) Cf. Liv. 1, 18. 14) Cf. Nieup. s. 4. c. 2. 
 3 ; cf. Ovid. Met. 15, 128; Cic. de Div. 1, 7. 
 
 % 32l. The Haruspices (from haruga, aruga, i. e. victi- 
 ma and spicio 1 ), differed in their office from the augurs; 
 the latter chiefly inferred from the omens whether the 
 gods were favourable or not to any public undertaking: 
 on the other hand, the haruspices foretold events from 
 phaenomena {prodigia, portenta, monstra), whence they 
 were styled prodigiatores ; they likewise prescribed and 
 undertook to perform anything necessary for averting 
 impending evils, whence the expression prodigia pro- 
 curare 2 . The ars haruspicina, or art of interpreting 
 phaenomena, was especially studied in the earliest times 
 by the Etrurians ; hence this superstitious practice was 
 early introduced into Rome, and in later times not only 
 were youths sent into Etruria to learn the art, but also 
 soothsayers were sent for thence 3 . 
 
 Things which were looked on as prodigia were of 
 many kinds, as we remarked concerning auguries and 
 omens, celestial phaenomena, and those connected with 
 animals and plants, etc. ; and hence they were expiated, 
 procurata, in various ways 4 : to these belong the cere- 
 mony of building a circular wall, puteal, round spots 
 struck by lightning, whence those who performed it 
 were called fulgura tores, and those consecrated spots 
 called bidenfalia (bidental) 5 . But the chief employ- 
 ment of the haruspices, and from which I think it is 
 evident the titles haruspices and extispices are de- 
 rived, lay in inspecting victims and interpreting any 
 ominous appearances in them 6 ; the terms exta muta 
 clara, arguta, and the expression hostia litat 7 , etc., 
 have reference to their duties. 
 
 The object of the offices of the haruspices and of 
 
380 ROMAN ANTIQUITIES. [chap. iv. 
 
 the augurs was the same, namely, to restrain and over- 
 awe the people by the influence of superstitious prac- 
 tices 8 ; but the augurs, whose authority was of great 
 weight, in affairs even of the highest importance, were 
 held to be highly honourable, while the haruspices, 
 who merely obeyed the commands of magistrates 9 , and 
 who were mostly foreigners, and ministered to the 
 private superstitious practices of the lower orders 10 , 
 being men of a lower rank, were but little respected. 
 
 1) Cf. Donat. ad Ter. Phorm. 4, 4, 29. 2) Cf. Cic. de Divin. 
 I, 45. 2, 63 ; Varro de Leg. Lat. 6. p. 19 ; Suet. Aug. 29. 3) Cf. 
 Tac. Ann. 11, 15. 4) Cf. Liv. 28, 11 ; Plin. H. N. 8, 45 ; Cic. 
 de Divin. 1, 45. 2, 41 ; Juven. 2, 121. 13, 62. 5) Cf. Cic. de 
 
 Divin. 2, 53 ; Juven. 6, 587 ; Plin. 2, 52 and 54 ; Pers. 2, 26 ; Luc. 
 1,606. 6) Cf. Luc. 1, 617. 7) Cf. Ovid. Met. 15, 794. 
 
 8) Cf. Cic. de N. D. 1, 26. 9) Cf. Cic. de N. D. 2, 4. 10) Cf. 
 Colum. 1, 8. 
 
 Z%2. Concerning the Quindecimviri, we learn as fol- 
 lows : * an old tradition existed, according to Lactan- 
 tius, Priscus, and others, that Tarquinius Superbus 
 purchased three volumes of the prophecies of the Ery- 
 threan Sibyl 2 , in which the Romans believed that many 
 things relating to the fortunes of their state were taught 
 by revelation from the gods ; hence these books were 
 consulted on any emergency involving the city in fear 
 or peril ; we may learn from Cicero the opinions which 
 the wiser part held on this point 3 . 
 
 These books were at first (A. U. C. 387) intrusted 
 to the care of two officers 4 , afterwards to ten, and at 
 last to fifteen: these examined the Sibylline prophe- 
 cies, though not without the senate's directions, (doing 
 so was termed adire or inspicere,) and they took care 
 that whatever was in them directed for the safety of 
 the state, generally sacrifices and public thanksgivings, 
 should be duly performed 5 : from this their office, and 
 from their number, they were called decemviri or quin- 
 decimviri, either with or without the addition of the 
 
sect. 323.] ROMAN ANTIQUITIES. 381 
 
 words sacris faciundis 6 : and as they presided at the 
 annual games in honour of Apollo and Diana, and 
 had the chief management of the secular games, they 
 were also termed priests of Apollo 7 . 
 
 The Sibylline books, which were kept in a stone chest 
 under the temple of Jupiter, having perished at the 
 burning of the Capitol (A. U. C. 670), new volumes were 
 composed from the Sibylline prophecies which were 
 collected everywhere for this purpose ; but as they con- 
 tained both spurious and genuine prophecies, they were 
 at various times corrected 8 . Of these, which were burnt 
 by Stilico in the reign of Honorius 9 , some fragments are 
 extant 10 , which, however, must not be confounded with 
 the numerous remains of them to be found in Lactan- 
 tius, Instit. Div., which are forgeries u . 
 
 Besides the methods already enumerated, as used by 
 the Romans for inquiring into the will of the gods, we 
 must mention the sacrce sortes, tablets inscribed with 
 certain figures kept in the temples of Fortune at Prre- 
 neste and Antium, sortes Prcenestince and Antiatina, 
 and publicly consulted, a practice found to exist among 
 other nations 12 . There is a remarkable passage in Ci- 
 cero concerning the sortes of the Romans 13 . 
 
 1) See Dionys. Hal. 4, 62 ; Gell. 1, 19; Creuz. Symbol, v. 1. p. 
 191; Golbery on Tib. 2, 5, 19, and his essay on the Sibyls ; Voss on 
 Virg. Eel. 4, 47. 2) Cf. Tib. 2, 5, 67. 3) Cic. de Divin. 2, 54. 
 4) Cf. Liv. 5, 13; Dionys. 1. c. 5) Cf. Liv. 5, 13. 7, 27. 10, 7. 
 
 6) Gell. 1,12; Tac. Ann. 6, 12. 7) Cf. Hor. Carmen. Sec. ad 
 
 init. 8) Tac. 1. c. 9) Cf. Rutil. Itin. 2, 51. 10) See 
 
 Mitscherlich on Hor. C. S. 11) Cf. Burm. on Rutil. 1. c. 
 
 12) Cf. Tac. Germ. 10. 13) De Divinatione 2, 41 ; cf. Suet. 
 
 Cal. 57. 
 
 323. The number of festivals at Rome continually 
 increasing, Epulones were appointed to relieve the pon- 
 tifices of a share of their labours in arranging the epulce 
 JoviSy from whence their name, about the year 556 1 . 
 These feasts were celebrated on the occurrence of the 
 games of the people, ludi plebeii, and at other times 
 
382 ROMAN ANTIQUITIES. [chap. iv. 
 
 during the year, Jupiter, Juno, and Minerva being 
 considered as guests 2 ( 290). The epulones, whose 
 number at first was three, were afterwards seven, and 
 their number was raised, as some think, by Sylla : 
 hence the terms epulones triumviri, septemviri, and 
 septemvir . Their rank was equally honourable with 
 that of the highest orders of priests, and they as well 
 as the pontifices wore the prretexta 4 . 
 
 The Fratres Arvales, whose origin is traced up to 
 the very foundation of Rome 5 , had the management of 
 the ambarvalia, an annual lustration of the fields 
 ( 145), which consisted in sacrificing a pregnant sow 6 
 which had been driven thrice round the fields; and dur- 
 ing the sacred rites they sung a song which may be 
 ranked among the most ancient relics of the languages 
 of Italy, on which see Apel's Metrik. vol. 2. p. 620, sqq., 
 and other writers. The insignia of the fratres arvales 
 were a chaplet of ears of corn, and a white fillet ( 454)7. 
 Fetiales or Feciales were heralds appointed by Numa, 
 who, when the Romans had been injured by any peo- 
 ple, advanced into their territory and demanded satis- 
 faction, declaring war against those who refused it. 
 The former act was termed res repetere 8 , and either act 
 was named clarigatio 9 . The ceremony of the clari- 
 gatio in later times was performed in a field near the 
 circus called agerhostilis 10 . The fetiales were consulted 
 both concerning the jus fetiale u for declaring war in 
 due form, and concerning the ceremonies of making 
 alliances and the observance of them 12 ; and from this 
 their employment they were called feciales, i. e. foede- 
 rales, as it is supposed : on these occasions the pater 
 patratus (head of the order ?) swore to the articles, in 
 the name of the whole people: he was styled patratus, 
 from patrare, i. e. facer e. They carried sacred herbs, 
 verbence, sagmina, and when sent to form an alliance, a 
 flint for striking the victim 13 . 
 
sect. 324.] ROMAN ANTIQUITIES. 383 
 
 The Curiones managed the sacred rites of their re- 
 spective tribes ( 142) : the chief of them was styled 
 curio maximus. The sodales Titii were appointed by 
 Titus Tatius to manage the sacred rites of the Sabines ; 
 they are supposed to have been intrusted afterwards by 
 Romulus with the direction of the worship paid to Titus 
 Tatius 14 . 
 
 The Rex Sacrorum, Sacrificus, Sacrificulus, per- 
 formed certain public sacrifices which formerly were 
 performed by the kings 15 ; the feast day, fuga regis, 
 was also under his care ( 336.) 
 
 1) See Liv. 33, 42 ; Cic. de Orat. 3, 19. 2) Kipping, pag. 
 
 250. 3) Liv. and Cic. 1. c. ; Gell. 1, 12 ; Plin. Ep. 2, 11 ; Tac. 
 Ann. 3, 64. 4) Cf. Liv. 1. c. 5) See Gell. 6, 7. 6) Cf. 
 
 Virg. Georg. 1, 345 ; Tib. 2, 1, 1. 7) Cf. Gell. 6. 7. 8) Liv. 
 8, 14, clarigatio has another sense, ransom, " Ut ejus, qui cis Ti- 
 berim deprehensus esset, usque ad mille pondo clarigatio esset." 
 9) Cf. Liv. 1, 32. 4, 30 ; Cic. de Off. 1, 11. 3, 29; Dionys. Hal. 2, 
 72. 10) Cf. Ovid. Fast. 6, 205 ; Dio Cass.' 71, 53. 11) Cf. 
 Gell. 16, 4. 12) Cf. Liv. 36, 3 ; Cic. de Legg. 2, 9. 13) Cf. 
 Liv. 1, 24.30,43. 14) Cf. Tac. Ann. 1, 54; Hist. 2,95. 
 
 15) Cf. Liv. 2, 2 ; Dionys. 4, 74. 
 
 PRIESTS OF PARTICULAR GODS. 
 
 324?. Among the priests whose duties were confined 
 to one god in particular, the Flamines 1 were remarkable 
 for this peculiarity, that they were named after the gods 
 they severally served 2 . The most ancient and chief 
 were theFlamenDialis,Martialis,and Quirinalis; among 
 the inferior the Flamen Furinalis 3 , Pomonalis, Floralis, 
 Portumnalis. The Flamen Dialis, whose dignity and 
 privileges were the greatest, was also burdened with 
 the most numerous ceremonies, some of them of a dis- 
 agreeable nature 4 . He enjoyed the privileges of en- 
 tering the senate, and of being preceded by a lictor, 
 but he was interdicted spending a night out of the city, 
 riding on a horse, taking an oath 5 , touching a corpse, 
 raw meat, ivy, beans, and she-goats. The flaminia, his 
 
384 ROMAN ANTIQUITIES. [chap. iv. 
 
 wife, uxorjlaminica 6 , was likewise bound to the observ- 
 ance of some ceremonies, since she acted as her hus- 
 band's assistant in some of his duties; and on this ac- 
 count, should his wife die, he resigned his office. His 
 particular office was to sacrifice to Jupiter. Augustus 
 restored this priesthood, which had been disused from 
 A. U. C. 600 to his time. The Caesars, when deified, 
 had their own flamines, a practice introduced by Au- 
 gustus, or perhaps by Julius Caesar ? ( 307). 
 
 1) The ancients say that this word is derived from the thread, 
 Jilu?n, with which their heads were bound ; at first, filamines ; then, 
 from rapid utterance of the word, flamines. Cf. Varro de Legg. 
 Lat. 4. p. 22 ; Fest. inflamen; cf. lanigeri apices ; iEn. 8, 664, and 
 Serv. in loco ; also Ovid. Fast. 2, 21. 2) Cf. Cic. de Legg. 2, 8. 
 3) Cf. Varro 4, 15.6,3. 4) Cf. Gell. 10, 15; Liv. 5, 52. 
 
 5) Cf. Liv. 31, 50. 6) Ovid. 2, 27. 7) See Suet. Cses. 76; 
 Cic. Phil. 2, 43. 
 
 325. Numa appointed the Vestals 1 , priestesses of 
 Vesta, at Rome 2 ; Servius Tullius increased their 
 number to six : their chief was called prceses vestalis, 
 or virgo maxima 3 . The Pontifex Max., when a Vestal 
 was to be elected, chose twenty girls of tender years, of 
 faultless forms and good family. From among these 
 one was chosen by lot at the comitia : this was called 
 capere, and the Vestal was said to be capta, amata*. 
 She who was chosen for the office of a Vestal was bound 
 for thirty years and devoted to celibacy ; at the expira- 
 tion of this time they were allowed to quit the priestess's 
 office, and also to marry. 
 
 Among the duties of the Vestals, the principal was to 
 preserve the sacred fire 5 , focus publicus. If through 
 their want of care it was suffered to go out, the Pontifex 
 Max. chastised the guilty Vestal with a scourge 6 ; the 
 fire was rekindled after the goddess had been appeased 
 by prayer, as it was annually on the calends of March 7, 
 by kindling a flame by the friction of two pieces of 
 wood 8 , as practised by savage nations. The law or- 
 
sect. 326.] ROMAN ANTIQUITIES. 385 
 
 dered that she who should be convicted of losing her ho- 
 nour should be interred alive 9 in the campus sceleratus, 
 which Livy supposes to have derived its name from 
 this crime 10 ; he also states that the seducer was beaten 
 to death by rods by the Pontifex Maximus 11 . The 
 Vestals claimed among their privileges, exemption from 
 paternal authority ( 86), to be preceded by a lictor, a 
 private seat at the public shows 12 , and the power of de- 
 livering from punishment any condemned malefactors 
 they happened to meet, etc. Their dress and insignia 
 were a white dress, a white fillet, and the suffibulum 1 *. 
 
 1) Cf. Dionys. 2, 65, sqq. ; Gell. 1,12; Plut. in Numa. 2) Li v. 
 I, 20. 3) Suet. Dom.; see Kipp.p.240. 4) Cf. Gell. 1, 12. 
 5) Cf. Cic. de Legg. 2, 8. 6) Liv. 28, 1 1 : " Ignis in aede vestae 
 extinctus caesaque flagro est Vestalis, cujus custodia noctisejus fuerat, 
 jussu P. Licinii, Pontificis." 7) Ovid. Fast. 3, 143. 8) Cf. 
 
 Fast, in ignis, ibique not. ; Dacier, Plin. Hist. N. 16, 40. 9) Liv. 
 8, 15. 22, 57 ; Juven. 4, 10. 10) Liv. 8, 15. 11) lb. 22, 57. 
 12) Suet. Aug. 44. 13) Juven. 4, 9, " vittata sacerdos ;" Prop. 
 4, 12, 53 ; Fest. in suffibulum ; Varro de L. L. 5. p. 48. 
 
 326. The Salii, so called from satire, priests of Mars, 
 were appointed at Rome by Numa on the occasion and 
 for a commemoration of the falling of the ancile 1 or 
 small shield from heaven, which, being looked on as a 
 pledge of dominion, was preserved (in the temple of 
 Vesta?), together with eleven others made by a certain 
 Mamurius, after the exact pattern of the original one 2 . 
 On the calends of March, they carried these ancilia 
 through the city, armed, and performing a particular 
 dance, in which all imitated the movements of one, and 
 singing to the sound of music ; to which actions the 
 terms, arma movere, condere, are to be applied, and the 
 words prcesul, amtruare, redamtruare 3 , carmen saliare 
 ( 409), axamenta*, Mamurius, refer* Feasts closed the 
 procession of the dance, termed doges saliares 5 . The 
 Salian priests at first were twelve; to these as many 
 more were added by Tullus Hostilius 6 . Afterwards, the 
 
 c c 
 
386 ROMAN ANTIQUITIES. [chap. iv. 
 
 former, from their dwelling-place, were called Palatini, 
 and the latter Collini: moreover they were distinguished 
 by other names little known. The head of the order 
 was named Magister Saliorum: there is a distinction 
 also made between Praesul and Vates. They were 
 chosen from among the patricians only, and it was 
 required that both their fathers and mothers should 
 be alive at the time 7 . The priesthood itself was con- 
 sidered most honourable 8 . They wore an embroidered 
 tunic and pointed cap 9 . 
 
 1) Cf. Ovid. Fast. 3, 373; Dionys. 2, 71 ; Virg. iEn. 8, 664. 
 2) Virg. JEn. 8, 285 : " Turn Salii ad cantus, incensa altaria circum, 
 Populeis adsunt evincti tempora ramis." 3) Cf. Fest. in re- 
 
 dentruare, cum praesul ampiruavit, ei referuntur invicem iidem 
 motus." And the corrupt verse of Lucilius found in this author 
 refers to this practice : this verse Scaliger reads thus : " Praesul ut 
 amtruat, inde et vulgu' redamtruat olli." 4) See Ovid. 387, sqq. 
 5) Cf. Hor. Od. 1, 37, 2. 6) Dionys. 3, 32. 7) Cf. Cic. pro 
 Domo 14. 8) Cf. Juven. 2, 125. 9) Cf. id. 8, 207. 
 
 327. The Luperci, priests of Pan (308), so called 
 from the Lupercal, his cavern, in the Palatine mount, 
 celebrated the Lupercalia on the 15th of February, 
 naked 1 , except that they wore a girdle of goat-skin; a 
 wanton troop, roaming through the whole city, striking 
 those they met with a thong, particularly women, who, 
 supposing that they would thus more probably become 
 mothers, offered themselves to their blows 2 . Before 
 the procession they sacrificed a she-goat to Pan, after 
 the ceremony a dog to him 3 . Tradition says that this 
 superstitious practice was introduced by Evander, an 
 Arcadian 4 , from a custom of his native country, and 
 preserved by Romulus ; and the priests were divided 
 by him into two classes, the Fabii and the Quintilii 5 . 
 The priesthood, so greatly repugnant to our morals, 
 was yet held honourable 6 . The Luperci Julii were 
 instituted in honour of Julius Caesar during his life 7 . 
 
 1) Cf. Virg. JEn. 8, 663 : " Exultantes Salios nudosque Luper- 
 cos." Ovid, Fast. 2, 357 and 379. 2) Cf. Juven. 2, 142. 3) Cf. 
 
sect. 328.] ROMAN ANTIQUITIES. 387 
 
 Ovid. Fast. 2, 361. 4) See Ovid. Fast. 2, 269, sqq. ; Liv. 1, 5. 
 
 5) Cf. Ovid. 375 j Prop. 4, 1, 25. 6) Cf. Cic. Phil. 2, 34 
 
 7) Cf. Suet. Cses. 76. 
 
 328. The rites which we term enthusiastic, from en- 
 thea, phrensied, so wonderfully relished by the Greeks, 
 began to be more numerous and more freely practised at 
 Rome under the Caesars; in former times they were either 
 prohibited, as the Bacchanalia 1 , or (their license being 
 restrained, so far as seemed advantageous to the good of 
 the state) were tolerated merely. Among these enthu- 
 siastic rites were those of Bellona, whom her priests, 
 called Bellonarii, appeased with their own blood 2 , tear- 
 ing themselves with knives : but, above all, the rites of 
 Cybele were celebrated in a remarkable manner ; these 
 were transferred, together with the priests, who were 
 always Phrygians, to Rome from Phrygia, the most 
 ancient seat of that superstition 3 ( 306). They were 
 likewise called Curetes and Idaei Dactyli, names whose 
 meanings are variously given, and likewise Corybantes 
 (whence /copv/3dco) % though some distinguish between 
 these and the rest ; but the Galli, whence Archigallus, 
 were so called from a river of Phrygia 4 , of which those 
 who drank became phrensied so as to mutilate them- 
 selves, according to tradition, and they actually did so ; 
 to which the expressions cutter lapideus, testa Samia re- 
 fer 5 . The Galli, armed, with feigned fury, and blending 
 the clashing of musical instruments with their wild 
 songs, gatliambi, wandered through the city, and car- 
 rying the statue of the goddess, celebrated the festival 
 of Cybele 6 , and, after the manner of monks, collected 
 money for the Magna Mater 7 . The Cerealia and rites 
 of Bona Dea are to be classed among these mystic 
 rites. We shall not mention the priests of every indi- 
 vidual god, as being of less importance, such as the 
 Pinarii and Potitii 8 . 
 
 1) See Liv. 39, 9. 12, 41. 2) Cf. Tib. 1, 7. 49, sqq. ; Juven. 
 
 4, 123. 6, 511 ; Luc. 1, 565 ; Lact. 1, 21. 3) Cf. Dionys. 2, 18. 
 
 cc2 
 
388 ROMAN ANTIQUITIES. [chap. iv. 
 
 4) Cf. Ovid. Fast. 4, 361. 5) Cf. Cat. 63, 5; Juven. 6, 513. 
 
 6) Cf. Lucr. 2, 618 ; Ovid. Fast. 4, 181. 7 ) Ovid. ib. 350, and 
 de P. 1, 1, 39. 8) Cf. Liv. 1, 7. 9, 29 ; Virg. JEn. 8, 268 and 
 
 281. 
 
 ASSISTANTS AT SACRIFICES. 
 
 329. Among the assistants and attendants at sacri- 
 fices, we read of the Victimarii 1 , who were different 
 from the victimarii who sold victims ; the popce {nTeirray, 
 popina), who struck the victim at the altar 2 ; also the 
 popinarii 3 , who sold victims and baked cakes; the 
 cultrarii, who cut the throat of the victim when struck 4 , 
 or when it was to be sacrificed, with a knife; the jic- 
 tores 5 , who moulded victims of wax, dough, and other 
 substances, for the poorer sort of worshippers ; the 
 ceditui, keepers of temples, often met with on coins, 
 and by the Greeks called veco/copoi and vaocfrvKa/ces : 
 the tibicines, tubicines, and fidicincs, who blended 
 music with the sacred rites 6 . The priests also employed 
 the services of boys and girls, either their own children 
 or free-born children, called camillos and Camillas, whom 
 they selected in their room 7 . The Flamen Dialis and 
 the Vestal Virgins only had a lictor to precede them as 
 a mark of dignity. 
 
 1) Cf. Liv. 40, 29; Val. M. 1, 1, 12. 2) Cf. Suet. Cal. 
 
 32. 3) Cf. Prop. 4, 3, 62. 4) Cf. Suet. 1. c. ; Ovid. Fast. 1, 
 347. 5) Cf. Cic. pro Domo 54. 6) Cf. Liv. 33, 42 ; Ovid. 
 
 Fast. 6, 657, sqq. 7) Cf. Varro de L. L. 6. p. 71 and 72 ; 
 
 Fest. mjlaminius : Macrob. Saturn. 3, 8. 
 
 CONSECRATED VESSELS AND PLACES. 
 
 330. The word sacrarium 1 applies to a place dedi- 
 cated to the worship of any idol : among such places 
 were fana (from fanus, sacred, whence also comes pro- 
 
sect. 330.] ROMAN ANTIQUITIES. 389 
 
 fanus), templa 2 , delubra (diluo), cedes; terms formerly 
 distinguished from one another by being applied to 
 places dedicated and consecrated by different rites 3 , 
 although by writers these words have been used to ex- 
 press the same thing : nor is it easy to make a distinc- 
 tion 4 , except that in latter times templa was applied to 
 buildings of greater dimensions than the cedes and 
 adiculce. Besides buildings, groves also, luci, either 
 adjoining sacred edifices or apart from them, are to be 
 reckoned among things consecrated : and under this 
 head are to be classed sacraria (called sacellce or 
 cediculce 5 ), chapels dedicated to the private worship of 
 the lares 6 and penates (314, 315.) 
 
 There was a profusion of temples at Rome : the dif- 
 ferent parts of such buildings were the area, or court ; 
 favissce, crypts or cellars 7 ; vestibulam and porticus, the 
 porch ; prodomus and opisthodomus, the front and rear ; 
 and within, cella, the chapel of the idol with his statue ; 
 and ara (altaria), the altar for libations and burning 
 incense on (suffitio) ; adytum (penetrale), the sanctuary. 
 In the court were usually several altars, generally made 
 of marble, for sacrifices and for burning the victim on. 
 Among the sacred vessels were focus, thuribulum, and 
 acerra, censers ; guttus, the ewer ; patera, the laver ; 
 lanx, the dish ; capis (capeduncula, capedo), pitchers ; 
 prcefericulum, the basin borne before the priest ; mal- 
 leus 8 and securis, to strike the victim with ; and seces- 
 pita 9 , a long knife. 
 
 1) Cf. Cic. pro Mil. 31; Mart. 7, 72, 3; Liv. 39, 9 and 13. 
 2) Templum is explained by old writers as a place "unde in omnem 
 partem videri (templari, tueri) possit ;" (see Fest. in contemplari ; 
 Varro de L. L. 6. p. 2.) ; and this explanation is strengthened by 
 such expressions as cceli templa, Parnasia, Acherusia templa, and 
 templum capere (320), with others. 3) Cf. Beauf. v. 1. p. 54. 
 
 4) Cf. Liv. 10, 37 ; Serv. ad Mn. 2, 225 ; Macrob. Sat. 3, 4. 
 
 5) Cf. Cic. ad Div. 13, 2 ; Suet. Aug. 5. 6) Whence lararium, 
 Lampr. Alex. Sev.29 and 31. 7) Cf. Fest. mfavissa ; Gell. 2, 
 10. 8) Cf. Ovid. Met. 2, 625 ; Suet. Cal. 32. 9) Cf. Suet. 
 Tib. 35. 
 
390 ROMAN ANTIQUITIES. [chap. iv. 
 
 SACRED RITES. 
 
 331. We shall here mention, as sacred rites, prayers 
 and vows, consecratio, devotio, execratio, jur amentum, 
 lustratio, sacrificia. Prayers preces were accompanied 
 either by adoratio or supplicatio (supplex, supplied), 
 Adoratio consisted in bowing the body, and kissing and 
 extending the hand ; supplicatio, in kneeling and em- 
 bracing the statue of the god 1 . We hear of matrons 
 wiping the altars with their hair on occasions of public 
 mourning 2 . Horace 3 , Persius 4 , Juvenal 5 , Ovid 6 , and 
 others, criticise and deride the folly and impious super- 
 stitions of the worshippers. It w r as customary for the 
 appointed formula of prayers to be repeated by magis- 
 trates, the priest dictating the words ; whence the terms 
 prceire in verba, sacr amentum, and the like 7 . 
 
 Of public prayers, supplicationes, some were for im- 
 ploring favours, others for offering thanksgivings ; they 
 were both performed sometimes with simple rites, at 
 other times with great pomp. On these occasions were 
 held the epulce sacrae 8 ; around tables, pulvinaria, 
 covered with choice viands, were ranged the statues of 
 the gods on couches, and of goddesses on chairs (sellce) ; 
 this was called lectisternium or sellisternium 9 , and these 
 were either on ordinary or extraordinary occasions. 
 Moreover, they were held not in temples only, but in 
 private houses likewise, with the greatest solemnity and 
 profusion. The management of the lectisternia from 
 the year U. C. 557, was intrusted to the epulones 
 ( 323). Livy (XXII. 1.) mentions a lectisternium by 
 senators 10 . 
 
 Evocatio was a peculiar form of prayer, by which the 
 Romans besought the tutelary god of a hostile town to 
 leave it and transfer himself to Rome. 
 
sect. 332.] ROMAN ANTIQUITIES. 391 
 
 1) Lucret. 5, 1197: 
 
 " Nee pietas ulla est velatum saepe videri 
 Vertier ad lapidem, atque omnes accedere ad aras, 
 Nee procumbere humi prostratum, et pandere palmas 
 Ante deum delubra, nee aras sanguine multo 
 Spargere quadrupedum, nee votis nectere vota." 
 Cf. Plin. H. N. 28, 2 ; Liv. 26, 9 ; Suet. Vesp. 7 ; Vit. 2. 2) See 
 Liv. 3, 7. 26, 9 ; cf. Apul. Met. 1. 6. p. 1 19. 3) Hor. Ep. 1, 
 
 16, 59. 4) Pers. 2, 6. 5, 179. 5) Juv. 6, 511, sqq. and 565. 
 
 6) Fast. 5, 675, sqq. 7) Cf. Cic. pro Dome- 52 ; Plin. 28, 2 ; Liv. 
 42, 28. 8) Cf. Liv. 5, 13. 22, 1. 9) Cf. Hor. Od. 1, 37, 3 j 
 
 Prop. 4, 6, I ; Tac. Ann. 15, 44 ; Cic. Cat. 3, 10 : " Quoniam ad 
 omnia pulvinaria supplicatio decreta est, celebrate illos dies cum 
 conjugibus etliberis vestris." 10) Cf. Liv. 5, 21 ; Macrob. Saturn. 
 3, 9 ; Plin. H. N. 28, 2. 
 
 332. By vows, vota, usually joined to prayers, are 
 meant promises made to the gods, on condition of their 
 listening to the prayer, and thus rendering the person 
 praying voti compotem. These vows were discharged 
 either by words, or by the things promised, and fre- 
 quently a description in words, or a painting of the 
 peril and misfortunes of the person who implored the 
 god's assistance and was saved, were suspended in the 
 temples ; these were called tabulae votivce K Voti com- 
 pos, voti reus, damnatus voti 2 , are among the forms of 
 expression. This dedication of things and places to 
 the honour of, and as it were giving them into the 
 power of the gods, was called a consecration of them ; 
 and expressed by dicare, dedicare, sacrare, consecrare, 
 etc. One species of it, which consisted in voluntarily 
 sacrificing one's life to the Dii Manes was called de- 
 votio 3 , and thereby enemies also were devoted to de- 
 struction, and this was properly called execratio 4 . On 
 the occasion of any one's clearing himself of perjury, he 
 generally used an oath, juramentum, long held to be a 
 most sacred obligation among the Romans 5 ; in doing 
 which the altar of the god by whom any one swore was 
 laid hold of, whence jur are aram 6 , tacta sacra. Festus 
 quotes the following form of swearing by Jupiter : Si 
 sciensfallo, turn me Diespiter salva urbe arceque, bonis 
 
392 ROMAN ANTIQUITIES. [chap. iv. 
 
 ejiciat, ut ego hunc lapidem ; hence the expression, 
 Jovem lapidem jurare Q ; for others, see Livy, XXI. 45. 
 XXII. 53. Lustratio consisted in sacrificing a victim 
 which had been led round the object or place to be 
 purified, with the intention both of appeasing and im- 
 ploring the god, and was done either publicly or pri- 
 vately ( 145) : lustrations were those of the people, of 
 the city 9 , of fields, ambarvalia, of villages, of an army, 
 of a fleet, etc. 
 
 1) Tib. 1,3,27: "Nunc dea, nunc succurre mini; nam posse 
 mederi, picta docet templis multa tabella tuis." Cf. Cic. de N. D. 
 3, 37 ; Hor. Od. 1, 5, 13; Juven. 12, 27. In another place, "picta 
 tempestas," id. 14, 300; 2) Cf. Virg. ^En. 5, 237; Macrob. 3, 2. 
 3) Liv. 5, 41. 7,6. 8,9. 10,28. 4) Cf. Sail. Cat. 22 ; Liv.26,25; 
 Tac. Ann. 4, 15. 5) Cf. Liv. 1, 21. 3, 20; Cic. de Off. 3, 30 
 
 and 31. 6) Cf. Juven. 3, 144. 7) Fest. in lapidem; cf. Polyb. 
 3, 25. 8) Cf. Cic. ad Div. 7, 1 ; Gell. 1, 21. 9) Cf. Tac. 
 
 Ann. 13,24; Hist. 1,87. 
 
 333. Since the religion of the country had been 
 blended with that of Greece it was to be expected that 
 many of the sacrifices of the Romans should be the 
 same as those of the Greeks. The common opinion, 
 even of the ancients, was, that all sacrifices at first were 
 bloodless 1 : and this seems borne out by the common 
 expressions applied to them, 6vcd, tlius, suffitus, odores, 
 adolere, etc. It is well known that different gifts and 
 various kinds of victims were offered to different gods, 
 according to their nature and power: and not only 
 were peculiar animals reserved for particular gods, as 
 the bull to Jupiter, the pig to Ceres, the he-goat to 
 Bacchus, the cock to iEsculapius, the foal of an ass 2 to 
 Vesta ( 288) ; but also things of peculiar colours were 
 held proper to different ranks of gods, as white things 
 to the superi, black to the inferi 3 . There was the 
 same variety in the kinds of things of which sacrifices 
 consisted ; thus among the Romans the usual victim 
 was a pig 4 . So that there was an endless variety in 
 these things, depending not only on times and national 
 
sect. 333.] ROMAN ANTIQUITIES. 393 
 
 customs, but also on places, and to be met with even in 
 the manner of slaying the victim, and to be remarked 
 in the custom of striking the victim with its head held 
 up, if to the superi, and with its head depressed, if to 
 the inferi. However, the following remarks apply to 
 all sacrifices in general: He who was about to offer 
 one 5 , clad according to custom in white 6 , sometimes 
 also crowned with the leaves of the tree dedicated to 
 the god he was worshipping, with clean hands, drew 
 nigh to the altar. The popa ( 329) led up the victim 
 adorned with garlands, fillets 8 , and wreaths, sometimes 
 with gilt horns, but always without blemish, select, and 
 never having worked : when it stood at the altar, the 
 priest bade the unhallowed stand back, procul este 
 profani, and those present to refrain from speaking, or 
 at least from ill-omened words, favete Unguis 9 , Then 
 followed the consecration of the victim : during prayers 
 and libations, its forehead as well as the altar and 
 knife, secespita, being sprinkled with salt and meal 
 mixed, mola, immolare. Afterwards it was slain 10 , and 
 they caught the blood that flowed from its neck, and 
 with it sprinkled the altar M ; when it had been cut 
 open, the haruspex examined it. Portions cut off, 
 prosecta, prosicice u t being cleansed, were laid upon the 
 altars, and after a repetition of the libation and prayers, 
 were burnt. The common use of sacred herbs, such 
 as verbena 13 is frequently mentioned, either for burning, 
 or for decorating the altars 14 . On the use of the tibia, 
 see Ovid. Fast. VI. 657; Suet. Tib. 70. The people 
 having been dismissed, feasts closed the ceremony 15 . 
 
 1) Cf. Ovid. Fast. 1, 337 ; Porphyr. de Abstin. 2, 5; see Bos. 
 Antiq. Gr. p. 1. c. 6 ; Creuz. Symbolik v. 1. p. 172. 2) Cf. Lac- 
 tant. I, 21. 3) Cf. Lucr. 3, 52 ; Tib. 3, 5, 33. 4) Cf. Virg. 
 
 JEn. 8, 641. 5) The usual expressions are sacrum or rem 
 
 sacram facere, or simply facere and operari, as epdeiv among the 
 Greeks. Cf. Virg. Georg. 1, 339 ; Tac. Ann. 2, 14. 6) Cf. Tib. 
 2, 1, 13; Pers. 2,40. 7) The difference between victima and 
 hostia is thus stated, Ovid. Fast. 1, 335 i " Victima, quae dextra ce- 
 
394 ROMAN ANTIQUITIES. [chap. iv. 
 
 cidit victrice, vocatur, Hostibus amotis hostia nomen habet." 
 8) Cf. Virg. Georg. 3, 487. 9) Cf. Aristoph. Nub. v. 264 ; Cic. 
 de N. D. 1, 45 ; Hor. Od. 3, 1 ; Ovid. Fast. 1, 71 ; Tib. 2, 1. 11,2. 
 2, 1. 10) The primitive sense of this word seems to be pre- 
 served in the expressions mactare honoribus, triumpho, infortunio, 
 etc., where it means to increase, as is proved by its derivation from 
 magis and augeo ; cf. Serv. ad iEn. 4, 57. 11) Cf. Lucret. 5, 
 
 1200 ; Ovid. Fast. 2, 655 ; Hor. Od. 4, 1 1, 6 : " Ridet argento do- 
 mus, ara, castis vincta verbenis, avet immolando spargier agno." 
 12) Cf. Juven. 10, 355. 13) Cf. Don. ad Ter. Andr. 4, 3, 11 ; 
 Ovid. Fast. I, 381. 14) Cf. Hor. Od. 1, 19. 13, 4. 11, 6 ; Te- 
 
 rent and Ovid. 1. c. 15) Cf. Ovid. Fast. 2, 657. 
 
 OF THE FESTIVALS. 
 
 334. Festivals, festa or ferice 1 , were very numerous 
 among the Romans, several sometimes occurring on the 
 same day : they were either stativa 2 , held on fixed days, 
 such as the Agonalia, Garment alia , Faunalia, Luper- 
 calia, or else conceptiva, of ordinary occurrence, yet at 
 uncertain periods, and therefore requiring to be ap- 
 pointed beforehand. The imperativa were distinct 
 from both. The nundince ( 358) must also be reckoned 
 among the festivals. The Fence Latince ( 204) and 
 Compitalia 3 are to be placed among the moveable, con- 
 ceptiva; the ferice novendiales 4 among the imperativa 
 or those appointed by the magistrates. The fasti (fas, 
 nefas, nefastus), also called calendaria audi fasti calen- 
 dares, besides theferice or holidays (another method of 
 distinguishing days, to be noticed 359), contained the 
 rising and setting of the principal constellations. The 
 fasti consulares, named from the consulships, were of 
 a different nature, and contained records of magis- 
 trates, consuls, dictators, interreges, and of public 
 events ; they are not to be confounded with the annates 
 Pontificum (annates maximi)\ the Pontifices had from 
 the earliest period the duty of composing both kinds of 
 fasti ( 271 and 318). Ovid, in his poem on the Fasti, 
 has with exquisite skill treated of the fasti of the first 
 
sect. 335.] ROMAN ANTIQUITIES. 395 
 
 kind. Entire years and fragments of both are extant, 
 which have often been published, and illustrated by 
 commentators. 
 
 1) Perhaps derived from victima ferienda ; cf. Festus mferia. 
 2) Cf. Ovid. Fast. 2, 665. 3) Varro de L. L. 5. p. 50 ; cf. Gell. 
 10, 24 ; Plin. 36, 27. 4) Cf. Liv. 1, 31 ; Cic. ad Q. Fr. 3, 5. 
 
 5) See Thes. Graev. vol. 8 and 11 ; Creuz. 7. 
 
 A CALENDAR OF THE FESTIVALS, ARRANGED 
 
 ACCORDING TO THE ORDER OF THE 
 
 MONTHS AND DAYS OF THE YEAR. 
 
 January. 
 
 335. 1. The first day of the year, which originally 
 began in March. The festival of Janus ( 287). Also 
 the day on which the consuls entered on their offices, 
 the consular procession, sacrifice in the Capitol. Cf. 
 Ovid. Fast. I. 75 ; Tib. 3, 1,3. Presents, new year's 
 gifts, strence, were usually interchanged. The deriva- 
 tion of the word strena is variously explained, as is like- 
 wise the introduction of the practice. See Festus on 
 strena; Symm. Epist. 10,35. It is to be remarked that 
 all calends of months were dedicated to Juno, all ides 
 to Jupiter. Ovid. Fast. I. 55. 
 
 9. The Agonalia or Agonia, also dedicated to Janus; 
 agonium, agonia, circus agonalis. Cf. Ovid. I. 331. V. 
 721 ; Fest. in agonium. 
 
 1 1 . The Carmentalia, to the honour of the prophetic 
 nymph Carmenta, the mother of Evander ( 308). She 
 had another festival on the 5th. Ovid. I. 617. 
 
 30. The Festum Paris, instituted by Augustus. 
 
 31. The festival of the Penates. ( 315.) 
 
 Also in this month the festival called the ferice Se- 
 mentivce, on their sowing their lands, for obtaining 
 an abundant harvest. Cf. Varro de L. L. V. p. 49 : 
 they were held in the fields. Ovid. I. 658 ; Varro de 
 R. R. I. 2. 
 
396 ROMAN ANTIQUITIES. [chap. iv. 
 
 February. 
 
 336. I. The festival of Juno Sospita, in commemo- 
 ration of the dedication of her temple. Liv. X. .14. 
 XXII. 1 ; Ovid. II. 55 ; on the same day, the Lu- 
 caria, (lucus, asylum, Lupercal). Ovid. II. 67. 
 
 5. Augustus named Pater Patrice. 
 
 13. The Faunalia, dedicated to Faunus and to the 
 rural deities ( 308). Ovid. II. 193 : also on the fifth of 
 December. This was an unlucky day, dies ater, on 
 account of its being the anniversary of the murder of 
 the Fabii (ib. 195). 
 
 15. The Lupercalia, to Lycean Pan ( 327). 
 
 17. The Quirinalia, in honour of Romulus ( 286). 
 Ovid. II. 475; also the festum stultorum, who cele- 
 brated the Fornacalia, in the evening (ib. 513). 
 
 It is uncertain on what day before the Terminalia, 
 the Feralia, for appeasing the manes, were held (ib. 
 34 and 533, and V. 486). Feralis is derived from 
 ferendis epulis; we read of feralia munera, ferale 
 tempus, etc. 
 
 22. The banishment of the kings. Ovid. 11.685; 
 cf. V. 728. 
 
 23. The Terminalia, to Terminus. Ovid. II. 50. 
 
 ( 2830 
 
 In this month also were held the Fornacalia. Ovid. 
 11.519; Plin. XVIII. 2, in commemoration of the 
 first bread baked ; they were held on some day gene- 
 rally before the Quirinalia, and were dedicated to the 
 goddess Fornax : also at the end of the month, which 
 formerly was the end of the year, the Februa were held, 
 when the city was lustrated. Ovid. II. 19. V. 423; see 
 Festus on Februarius ; Juven. II. 157. To these prac- 
 tices the following words refer, februo, (purgo, lustro), 
 februatio, Februarius, Deus Februus ; Macrob* I. 13. 
 
sect. 337.] ROMAN ANTIQUITIES. 397 
 
 March. 
 
 337. 1. In the time of Romulus the first day of the 
 year. Ovid. III. 75 and 135 : the festival of Mars, ce- 
 lebrated by the Salii ( 326), unlucky for marriage until 
 the ancilia were replaced in the temple (ib. 393). On 
 the same day the Matronalia, also sacred to Mars (ib. 
 170 and 259). 
 
 6. The festival of Vesta ( 288.) Ovid. III. 417). 
 This was the day on which Augustus assumed the pon- 
 tificate (ib. 19). 
 
 7. The festival of Vejovis ( 290). 
 
 14. The Equiria, horse races to the honour of Mars: 
 also held on the 27th February, and at other times. 
 Ovid. II. 859. III. 519. 
 
 15. The festival of Anna Perenna 1 . The anniver- 
 sary also of the assassination of Julius Caesar (ib. 697). 
 
 17. The Liberalia, to Liber, who has been con- 
 founded with Bacchus (303). Ovid. ib. 513; these 
 were very different from the Bacchanalia prohibited at 
 Rome, A. U. C. 567. On these festivals the toga li- 
 bera ( 483) was given to children (ib. 771). 
 
 19 to the 23rd. Quinquatria, festivals of Minerva, so 
 called from their lasting five days (ib. 809) ; on the last 
 day was held the Tubilustrium % or lustration of the 
 trumpets (ib. 849). 
 
 25. The Hilaria, not mentioned by Ovid, celebrated 
 in honour of Cybele ( 306). Macrob. I. 21 ; Lampr. 
 Alex. Sev. 37; Vopisc. Aurel. 1. Some say these fes- 
 tivals were part of that of the Lavatio Matris Deum, 
 which Ovid unites to the Megalesia. IV. 337. 
 
 1) Ovid. Fast. 3, 523 : 
 
 M Idibus est Annae festum geniale Perennae, 
 
 Haud procul a ripis, ad vena Tybri, tuis. 
 Plebs venit, ac, virides passim disjecta per herbas, 
 
 Potat, et accumbit cum pare quisque sua. 
 Sub Jove pars durat ; pauci tentoria ponunt ; 
 
 Sunt, quibus e ramis frondea facta casa est ; 
 
ROMAN ANTIQUITIES. [chap. iv. 
 
 Pars sibi pro rigidis calamos statuere columnis : 
 
 Desuper extensas imposuere togas. 
 Sole tamen vinoque calent, annosque precantur, 
 
 Quot sumunt cyathos, ad numerumque bibunt. 
 Invenies illic, qui Nestoris ebibat annos, 
 
 Quae sit per calices facta Sibylla suos. 
 Illic et cantant, quidquid didicere theatris, 
 
 Et jactantfaciles ad sua verba manus : 
 Et ducunt posito duras cratere choreas, 
 
 Cultaque diffusis saltat arnica comis. 
 Cum redeunt, titubant, et sunt spectacula vulgi, 
 
 Et fortunatos obvia turba vocat. 
 Occurrit nuper (visa est mihi digna relatu) 
 
 Pompa : senera potum pota trahebat anus." 
 
 April. 
 
 338. 1. A sacrifice to Venus, to whom the month 
 was sacred, adorned with flowers and myrtle-leaves. 
 Ovid. IV. 133. Incense was offered to Fortuna Virilis; 
 milk and poppies to Venus Verticordia. 
 
 4. The Megalesia, or Ludi Megalenses (306). Ovid. 
 IV. 181; cf. Prud. Hymn. X. 155. 
 
 9. Games, in honour of Ceres. Ovid. ib. 393. 
 
 15. The Fordicidia, instituted by Numa, Ovid. IV. 
 629. The word is formed from forda, a pregnant 
 cow, from ferendo. On this day also the Vestalis Max- 
 ima burnt calves for cinders to purify the people with 
 at the Palilia (ib. 637). 
 
 21. The anniversary of the foundation of Rome 
 ( 38). The Palilia, festival of Pales, the goddess of 
 the country ( 312). Ovid. IV. 721 : Prop. IV. 1, 19. 
 
 23. The festival called Vinalia, on occasion of con- 
 secrated vineyards to Jupiter (Ovid. IV. 86S.) On this 
 day also harlots sacrificed to Venus (ib. 865). 
 
 25. The Robigalia sacred to the god or goddess of 
 blight, Robigo (cf. Serv. ad Virg. Georg. 1, 151), for 
 averting mildew, blights, etc. Ovid. IV. 905. 
 
 The Cerealia, mystical festivals of Ceres, celebrated 
 by matrons, were, perhaps, held on the nineteenth. 
 Cf. Liv. XXII. 56. XXX. 39; Cic. pro Balbo 24; 
 Plaut. Aulul. II. 6, 5; Fest. in Grceca sacra; Ovid. 
 IV. 393. 
 
sect. 340.] ROMAN ANTIQUITIES. 399 
 
 May. 
 
 339. 1. A festival to the Lares, and the nocturnal 
 mysteries of Bona Dea. 328. Ovid. V. 129 and 148. 
 
 9. The Lemuria (to the lemures, ghosts, otherwise 
 called remures, from the murder of Remus 1 ), held for 
 appeasing the departed spirits of relatives. Ovid. V. 
 421 and 483. 
 
 12. Games to Mars (ib. 597). 
 
 15. A festival of Mercury, celebrated by men of bu- 
 siness particularly. Ovid. V. 663. On this day the 
 Vestal Virgins cast the argei, earthen figures of men, 
 from the Pons Sublicius (cf. 147) into the Tiber 
 (ib. 621.) 
 
 23. A festival of Vulcan ( 293), Tubilustria, Ovid. 
 V. 725). 
 
 25. Commemoration of the consecration of the tem- 
 ple of Public Good Fortune (ib. 729). 
 
 June. 
 
 340. 1. A festival to the goddess Carnea (dea car- 
 dinis). Ovid. VI. 101 ; also of Juno Moneta (ib. 183); 
 and of Mars, beyond the walls ( 292). Ovid. VI. 191; 
 also a festival to Tempestas (ib. 193). 
 
 4. A festival to Bellona ( 292). Ovid. VI. 201. 
 
 5. A festival to Deus Fidius ( 285). Ovid VI. 213. 
 8. Games celebrated by fishermen (ib. 237). This 
 
 day was likewise consecrated to Bona Mens (ib. 241). 
 
 10. The Matralia to Mater Matuta ; a festival also 
 to Fortuna Virilis, and to Concord. Ovid. VI. 479. 
 569. 637. 
 
 13. The lesser Quinquatria, in memory of the re- 
 introduction of music into the city (ib. 651). 
 
 16. Fixed for clearing the litter and dung from the 
 temple of Vesta (ib. 713). 
 
 19. A festival to Summanus ( 302). Ovid. VI. 731. 
 
400 ROMAN ANTIQUITIES. [chap. iv. 
 
 24. A festival to Fortuna Fortis, celebrated by the 
 lowest class of citizens. 
 
 30. A festival to Hercules and the Muses ( 307). 
 Ovid. VI. 799. 
 
 July. 
 
 341. 1. The usual day for changing residence, hiring 
 and letting. Cic. ad Quint. Frat. II. 3 ; Suet. Tib. 
 35; Mart. XII. 32, 1. 
 
 5. The Populifugia Varro de L. L. V. p. 47 ; 
 Macrob. III. 2 ; on the same day, perhaps, were held 
 the ludi Apollinares Liv. XXV. 12. XXVII. 23; 
 Macrob. I. 17. 
 
 7. A festival to Juno Caprotina, a sacrifice offered 
 by women and maid-servants under a wild fig-tree 
 Nonce Caprotince ; cf. Macrob. I. 1 1 ; Varro as before ; 
 Plut. Cam. 33. 
 
 14. The dedication of a temple to Fortuna Muliebris, 
 see Dionys. VIII. 10 ; Liv. II. 40 ; Plut. Coriol. 
 
 15. The festival of Castor and Pollux. Inspection 
 and procession of the equites ( 139). cf. Dionys. Hal. 
 VI. 13. 
 
 16. An unlucky day, the anniversary of the battle of 
 Allia. 
 
 19. The Lucariciy celebrated in a grove (cf. Fest. ; 
 Macrob. I. 4. Varro explains it otherwise, deriving 
 the word from lux). These feasts were repeated on 
 the twenty-first. 
 
 23. The Neptunalia ( 291). Cf. Varro de]L. L. V. 
 p. 48. Some place these in September. 
 
 25. The Furinalia, to the goddess Furina, of whom 
 nothing is known. Cf. Varro as before ; Cic. de Nat. 
 D. III. 18. 
 
 August. 
 
 342. 1. Equestrian games to Mars. Suet. Claud. 4. 
 
sect. 344.] ROMAN ANTIQUITIES. 401 
 
 13. A festival of Diana. Cf. Mart. XII. 68. 
 
 17. The Portumnalia, to the god Portumnus. Cf. 
 Varro as before. 
 
 18. The Consualia, to Consus ( 284). On this day 
 also the rape of the Sabines was commemorated. 
 
 19. Vinalia, sacred to Jupiter and Venus (?) Cf. 
 Rosinus, lib. IV. c. XII. 
 
 23. The Vulcanalia, sacrifices to Vulcan, for avert- 
 ing fires. Cf. Varro as before ; Colum. XI. 3 ; Plin. 
 XVII. 27. 
 
 25. Dies Opeconsiva, dedicated to the goddess Ops 
 Consiva. Cf. Macrob. III. 9 ; Fest. in opima. 
 
 September* 
 
 343. From the 4th to the 12th were held the Ludi 
 Magni or Romani, in the Circus Maximus, in honour 
 of Jupiter, Juno, and Minerva. See Liv. I. 35. XXVIII. 
 10. XXIII. 30. XXXI. 4; Cic. Verr. V. 14. 
 
 13. On this day the silver nail was driven into the 
 temple wall ( 201). 
 
 23. The birthday of Augustus. See Suet. Aug. 57. 
 
 27. The festival of Venus Genitrix. 
 
 30. The Meditrinalia, held on occasion of tasting 
 the first juice of the grapes before the vintage. Some 
 fix this feast on the 1 1th October. For the origin of 
 the term, see Varro de Lingua Latina, V. p. 48. 
 
 October. 
 
 344. 12. The Augustalia, commemorative of there- 
 turn of Augustus, on the pacification of the empire. Cf. 
 Dio Cass. LIV. 10 and 34. 
 
 13. The Fontinalia, when springs of water were 
 strewed with flowers. Cf. Varro as before. 
 
 15. A horse (October equus. See Festus) was sacri- 
 ficed to Mars in the Campus Martius. Some fix this 
 on the ides of December. Cf. Plut. Q. R. 97. 
 
 d d 
 
402 ROMAN ANTIQUITIES. [chap, rv 
 
 19. The Artnilustrium, consecration of arms, a mili- 
 tary festival, held in a place called Armilustrum. Cf. 
 Varro as before ; Festus in Armilustrium, and the note 
 of Scaliger ; Liv. XXVII. 37. 
 
 November. 
 
 34*5. 5. The Neptunalia, which perhaps were held 
 on no fixed day (cf. 23 July). 
 
 7. The Mundus was opened. See Macrob. I. 16 ; 
 Fest. in Mundus and Mundum ; Plut. Rom. p. 23. 
 
 13. A feast or lectisternium to Jupiter ( 331). 
 
 15. Ludi Plebeii, held in the circus ; they were cele- 
 brated at other times not regularly fixed. 
 
 18. The Mercurialia, celebrated as it is supposed, 
 by persons in trade, but on the authority of a doubtful 
 passage. They frequently occurred. 
 
 The Brumalia were celebrated in this month. 
 
 December. 
 
 346. 5. The Faunalia, festivals celebrated by rustics, 
 in honour of Faunus ( 308). Cf. Hor. Od. III. 18. 
 
 19. The Saturnalia, sacred to Saturn ( 301). Dur- 
 ing several days, idleness and public amusements pre- 
 vailed, presents were interchanged, among which we are 
 told of tapers being given ; slaves also feasted, and were 
 waited on by their masters, in memory of the golden 
 age of universal equality and freedom in the days of Sa- 
 turn. See Liv. II. 21. XXX. 36; Suet. Cal. 17; Ma- 
 crob. Saturn I. 7 ; Hor. Sat. II. 7, 4. 
 
 19. The Opalia, sacred to Ops or Rhea. See Ma- 
 crob. I. 10. 
 
 21. The Divalia or Anger onalia. See Macrob. ib. 
 
 24. The Ludi Juvenales (cf. Suet. Nero. 11). 
 
 The Agonalia and Consualia recurred in this month, 
 and also the Compitalia, sacred to the Lares of shops 
 ( 314), frequently celebrated. 
 
sect. 347.] ROMAN ANTIQUITIES. 403 
 
 CONCERNING PUBLIC GAMES. 
 
 347. Public games, ludi, were associated with seve- 
 ral festivals, and were called festa themselves, and 
 formed a considerable part of ancient idolatrous wor- 
 ship ; some were ordinary, others on extraordinary occa- 
 sions : the former were celebrated on the festivals as 
 described above, and generally recurred at stated in- 
 tervals, ludi stati l . The quinquennales and decennales, 
 frequently mentioned on coins, celebrated on the occa- 
 sion of an emperor's completing his fifth or tenth year of 
 government, may also be reckoned among them ; as might 
 the secular games, if the interval between their celebra- 
 tions were not uniform, as the name implies : even under 
 the Emperors they were not held at regular intervals 2 , 
 and during the republican era, we read of their being 
 celebrated in times of public calamity, according to the 
 directions of the Sibylline books 3 : formerly these games 
 were celebrated during several days in honour of Dis 
 and Proserpine, afterwards they were accompanied by 
 sacrifices to several gods by day, and by watching all 
 night, particularly in honour of Apollo and Diana 
 ( 322) 4 . Antiquarians distinguished the extraordinary 
 games by their nature and purposes, etc. ; such as the 
 votivi 5 , imperativi, funebres, lustrales 6 , and others. 
 
 1) Cf. Tac. Ann. 14, 20. 2) Cf. Suet. Claud. 21 ; Herod. 3. 
 
 8 ; Ovid. Trist. 1. 2. v. 25 ; Hor. C. S. v. 21. 3) Cf. Val. Max. 
 2, 4, 5. 4) Cf. Val. Max. ; Herod. ; Hor. 1. c. ; Zosim. 1. 2. c. 5. 
 5) Cf. Suet. Aug. 43. 6) Cf. Tac. Ann. 16, 4. 
 
 348. These games may be divided also on another 
 principle of distinction, into ludi circenses, gladiatorii, 
 and scenicii The circenses were so called from the 
 Circus, a building of great length but not of similar 
 breadth, one or both of its extremities being circular, 
 whence its name: along its length ran a level space 
 
 Dd2 
 
404 ROMAN ANTIQUITIES. [chap. iv. 
 
 called spina, raised above the other part of its area, 
 and adorned with obelisks, altars, chapels, cediculcz, 
 statues, and other objects having reference to the 
 honour of gods and heroes, to whom, as for instance to 
 the Sun, to Apollo, to Cybele, and to Castor and 
 Pollux, the circus and the games were dedicated. At 
 either extremity of the spina were the posts, metce 1 , 
 round which the chariots and horses passed, and near the 
 winning-post were the ova, wooden tallies of an oval 
 shape. At the opposite end of the building stood the 
 starting-posts carceres. Some suppose the beginning of 
 the course to have been marked by a chalked line, creta, 
 calx, drawn across and before the starting-post ; others, 
 more properly, as I think, suppose the end of the race- 
 course to have been so pointed out 2 . Around the circus 
 ran a trench, euripus. The circus was formed by two 
 or more rows of pillars, against the inner sides of which 
 the seats of the spectators rested. Mcenianum and 
 podium were terms applied to particular places for spec- 
 tators, whence the expression ad podium spectare 3 . 
 
 1) Cf. Hor. Od. 1, 1, 4 ; Stat. Sylv. 4, 7, 23. 2) Varro ap. 
 
 Non. in calx : " Nemini fortuna currum acarcere intimo(?) missum 
 inoffensum per aequor candidum ad calcerasinit;" cf. Cic. Tusc. 1, 
 8 ; Sen. Ep. 108. 3) Juven. 2, 147 ; cf. Plin. 37, 3 ; Suet. 
 
 Nero, 12. 
 
 349. Horse races and races of chariots, bigce quad- 
 rigcB 1 , were among the ludi cir censes* ; the charioteers 
 were distinguished by liveries of different colours, 
 (the colour having some reference to the season 
 of the year), and divided into troops or companies, 
 factiones 3 . The conqueror's reward was a chaplet, 
 palma 4 . 
 
 The certamen gymnicum, as among the Greeks, 
 comprised five kinds of contests, quinquertium {irev- 
 ra&kov), leaping, running, wrestling, boxing, and 
 casting the quoit 5 . Combats also on foot and on 
 
sect. 350.] ROMAN ANTIQUITIES. 405 
 
 horseback, of which the Indus Troja 6 was one kind; 
 representations of hunting, combats of wild beasts 7, 
 either against each other or against men hired or con- 
 demned to it, called bestiarii, and ad bestias damnati : 
 naval engagements, naumachia, in ponds excavated 
 for the purpose, or on waters let on by aqueducts 8 
 into the circus or into the naumachiae, which were build- 
 ings of a circular shape. The competitors in the games 
 of the circus were in some cases free-born, ingenui; in 
 others, slaves and condemned malefactors. 
 
 1) Cf. Hor. Od. 1, 1. 3, 2. 16, 34. 2) Cf. Suet. Claud. 21. 
 
 3) Cf. Suet. Dora. 7. 4) Cf. Horat. Od. 1, 1, 5. 5) Cf. 
 
 Virg. Mn. 5, 286, sqq. 6) Cf. .En. 5, 545-603 ; Tac. Ann. 11, 
 
 11 ; Suet. Claud. 21. 7) Cf. Cic. ad Div. 7. 1 ; Tac. Hist. 2, 
 
 61. 8) Cf. Suet. Tib. 72 ; Claud. 21 ; Dora. 4. 
 
 350. The gladiatorial shows, gladiator, from gladio, 
 gladiare, called ludi and also munera 1 , were of Etruscan 
 origin, and at first were celebrated at funerals, and 
 thence termed bustuarii 2 ; afterwards as amusements, 
 and sometimes at public, at other times at private ex- 
 pense 3 . Buildings called amphitheatres, quasi circu- 
 lars theatra, were erected, peculiarly adapted for their 
 exhibition. 
 
 The theatres of ancient Rome, intended for repre- 
 senting plays, were edifices generally of vast size, and of 
 a semicircular form. The exterior circumference ex- 
 hibited rows of pillars, row above row; the interior 
 offered tiers of seats for the spectators, in widening 
 from the lowest and innermost to the highest and outer- 
 most range, tola, ima, media, summa, sedilia. Cavea 
 and cunei were terms applied to the seats. The di- 
 ameter of the semicircle formed externally the front of 
 the theatre, and on the inner side offered the stage, 
 scena (a ktjvt)), proscenium*, pulpitum 5 , etc. The open 
 space between the scena and the spectators was styled 
 the orchestra (opftovfiai) in the Greek theatre, being 
 
406 ROMAN ANTIQUITIES. [chap. iv. 
 
 reserved for the chorus and dancing. Concerning the 
 Roman theatre, see 176. 
 
 The construction of the amphitheatres was similar 
 to that of the theatres in the fitting-up, except that 
 they were circular, and that the exterior was of one 
 unvaried plan of architecture, and the interior an un- 
 broken circle of seats : they had no stage, scena, and 
 the open central space was called the arena, reserved 
 for the exhibitions, whence arena comes to be used for 
 the whole amphitheatre and the gladiators themselves 6 , 
 and hence the expressions arencB se dare, arenarii, etc. 
 
 I) Pacandis sc. inanibus? cf. Serv. ad Mn. 10, 519. 3, 67 ; Li v. 
 ep. 1. 16 ; Suet. Tib. 7 ; Creuz. 306. 2) Cic. in Pis. 9. 3) The 
 usual expressions applied to this practice are, edere munus (Juven. 
 3, 34), editor, editio muneris, (Symm. Ep. 10, 15. 2, 77), munerarius, 
 numerator. 4) Cf. Vitruv. 5, 6 , Suet. Nero 5 ; A. G. Schlegel 
 Dram. Kunst. p. 1 ; Vorles. 3. 5) Cf. Vitruv. 5, 6 and 8 ; Hor. 
 A. P. 215 and 279 ; Prop. 4, 1, 16 ; Ovid. A. A. 1, 104 ; Juv. 3, 
 174. 6) Cf. Mart, de Spect. 21, 2 ; Juven. 3, 34. 4, 100. 8, 206. 
 
 351. The gladiators were divided into companies, 
 cohortes, familic?. l , and were under a master, lanista 2 , 
 who instructed them in their various exercises. They 
 were generally slaves, captives, or malefactors con- 
 demned to the occupation ; free-born persons also were 
 found amongst them, hired, or auctorati, i. e. bound 
 by an agreement called auctor amentum. Terms 
 applied to their exercises were, exerceri ad palum, 
 batuere* (Suet. Cal. 32 and 54), to fence; rudis was the 
 foil ; attolle, per cute, cede, urge, etc. were terms of de- 
 fence and attack. Their drilling, tirocinium, being 
 completed, they put themselves at the disposal of the 
 lanista, and swore that they would fight till death be- 
 fore the Roman people. Those who intended exhibit- 
 ing shows of gladiators, purchased of the lanista 
 pairs of them matched together, composita, com- 
 parata*. The gladiators were divided into numerous 
 classes, according to the kinds of arms they used, or 
 
sect. 352.] ROMAN ANTIQUITIES. 407 
 
 manner of fighting, such as the hoplomachi ?, Thraces, 
 
 Samnites 6 , retiarii (who fought with a pronged weapon, 
 
 fuscina, and a net, against the mirmillo and secutor 9 ), 
 
 laquearii, essedarii 10 , dimachceri (who used two swords), 
 
 bestiarii, provocatores, catervarii, suppositii, tertiarii, 
 
 etc. We also hear of female gladiators, who were 
 
 matched against dwarfs u . 
 
 1) Cf. Cic. pro Sext. 4 ; Suet. Aug. 42. 2) Cf. Juven. 11.8, 
 6, 216 ; Mart. 1 1, 67, 3 ; Cic. pro Rose. Am. 6 and 40. 3) Hence in 
 later times batualia, applied to the place of combat, and the French 
 word bataille. 4) Cf. Hor. Sat. 1, 7, 20 ; Suet. Cal. 35. 5) Cf. 
 Suet. ib. ; Mart. 8, 74. 6) Cf. Liv. 9, 40. 7) See Juven. 8, 
 
 200, sqq. ; Suet. Cal. 30 ; Val. Max. 1, 7, 8. 8) Suet. 1. c. and 
 Claud. 21. 9) Suet. Dom. 4. 
 
 352. Led into the arena with pomp, the gladiators 
 began by skirmishing, prceludere 1 , showing off their 
 skill with foils, rudes; then, at a signal given by the 
 trumpet, they commenced the combat with arms. The 
 terms applied to the various chances of the fight were, 
 on gaining an advantage over an adversary, dejicere, 
 movere de gradu, de statu : on wounding one, petere, 
 ferire, punctim, by a thrust, ccesim, by a stroke ; on 
 parrying, cavere, latus tegere ; on yielding, arma sub- 
 mittere, etc. Gladiators obeyed the will of the spec- 
 tators with astonishing resignation 2 ; the conquered 
 gladiator either offered his throat to the sword, or, 
 stretching out his hand, awaited the determination of 
 the people, who either gave him his life or doomed him 
 to die: the former was notified by an action termed 
 premere pollicem, the latter by vertere pollicem* : or 
 they commanded him to receive back his weapon and 
 renew the combat, and sometimes even ordered the 
 conqueror to fight until he fell. When a respite was 
 granted during the games, it was called diludium*. 
 The dead were dragged by hooks through the porta 
 libitina into a place called the spoliarium 5 . The palma 
 was the reward of the victor, which was sometimes 
 adorned by ribands, lemnisci 6 , whence palma lemnis- 
 
408 ROMAN ANTIQUITIES. [chap. iv. 
 
 cata 7 . The superannuated, or those who were dis- 
 charged from the ludus or school, were presented with 
 a foil, rudis 8 , and called rudiarii. 
 
 Gladiatorial shows, so wonderfully relished by the 
 lower classes 9 , were approved of by men of judg- 
 ment and better feelings, as schools for patient en- 
 durance and firmness of purpose, and thus useful in 
 cultivating the use of arms and warlike courage. We, 
 whose manners and feelings are so different from those 
 of the Romans, think far otherwise of them. The 
 gladiators themselves were looked on among the Ro- 
 mans as not less infamous and ruffianly than vile 10 ; and 
 thus it was a disgrace for any but men of the lowest 
 class to be found among them 11 . 
 
 1) Cf. Cic. de Orat. 2, 78; Sen. Ep. 7 and 117 ; Ovid. A. A. 3, 
 515 and 589; Virg. iEn. 5, 426, sqq. 2) Cic. Tusc. 2, 17 : 
 
 " Gladiatores, aut perditi homines aut barbari, quas plagas perf'e- 
 runt? Quomodo illi, qui bene instituti sunt, accipere plagam malunt, 
 quam turpiter vitare ? Quam saepe adparet, nihil eos malle, quam 
 vel domino satisfacere, vel populo '? Mittunt etiam vulneribus con- 
 fecti ad dominos, qui quaerant, quid velint ? Si satis his factum sit, 
 se velle decumbere. Quis mediocris gladiator ingemuit ? Quis 
 vultum mutavit unquam. Quis, non modo stetit, verum etiam de- 
 cubuit turpiter ? Quis, quum decubuisset, ferrum recipere jussus, 
 collum contraxit?" Cf. Cic. pro Sext. 37 and 59 ; pro Mil. 34; 
 Sen. Ep. 7. 3) Cf. Juven. 3, 36. 4) See Hor. Ep. 1,19, 47. 
 5) Cf. Sen. Ep. 93 ; Lampr. Comm. 18 and 19. 6) Cf. Plin. 
 
 21, 3. 16, 4; Capitol. Verus, 5. 7) Cic. Rose. Am. 35. 8) Cf. 
 Cic. Phil. 2. 29 ; Hor. Ep. 1, 1, 2. 9) Cf. Cic. ad Div. 1, 1. 
 
 10) Cf. Cic. Tusc. 2, 17. 11) Cf. Cic. Tusc. 2, 17 ; Phil. 7, 6 ; 
 
 Cat. 2, 4 ; Juven. 2, 143. 
 
 353, The origin of scenic representations 1 dates 
 from A. U. C. 391. Actors having been sent for 
 then from Etruria 2 , in order to avert a pestilence, 
 their dances to the sound of the pipe were imitated by 
 the Roman youth, and interspersed with extempora- 
 neous satirical dialogue in verse 3 . Satire, from satura, 
 Gallice melange, followed and superseded this rude 
 beginning, descripto, says Livy, ad tibicinem cantu 
 motuque congruente peracta. Lucilius, termed the 
 
sect. 354.] ROMAN ANTIQUITIES. 409 
 
 father of satire, applied the word to a different kind of 
 poem. Satire, satira, however, being abandoned to the 
 players, histriones, a new kind was introduced, called 
 afterwards exodia*, together with comedies, atellance 
 fabulce, borrowed from the Osci : the representation of 
 these was not attempted by the histriones, who were 
 debarred from the rights of citizenship, expelled from 
 their tribe, and excluded from serving in the army 5 , 
 while the actors of the atellance* incurred none of these 
 disgraces. Livius Andronicus is said to have first 
 translated and acted at Rome the plays of the Greeks 
 (dramata), A. U. C. 512 7 . He was followed by Naevius, 
 Ennius, Atta, Plautus, Terentius, Afranius, Pacuvius* 
 Accius 8 . 
 
 1) From <TKr)vr], which some derive from aicia, umbra. 2) Lu- 
 dius and ludio are synonymous to histrio, so that we may doubt 
 whether they are words of Latin origin from ludo, or whether these 
 words are Tuscan as well as histrio. 3) See Liv. 7, 2 ; cf. Tac. 
 Ann. 14, 21 ; Hor. Ep. 2, 1, 139. 4) Cf. Liv. 7, 2 ; Juven. 3, 
 
 175. 6, 71 ; Suet. Tib. 45 ; Dom. 10. 5) See Liv. 7,2. 6) Cf. 
 Tac. Ann. 4, 14. 7) Cf. Liv. ib. and Hor. Ep. 2, 1, 61. 8) Cf. 
 Hor, ib. 56 and 79. 
 
 354. Tragedies and Comedies are distinguished into 
 togatce or pratextatce and palliatce; the former of 
 Roman plot and subject, the latter of Greek subject 1 : 
 there were besides several kinds of comedy, viz. 
 Attellana, Tabernaria, Rhintonica, Planipedia, etc. 2 
 In later times comedy and tragedy were neglected 
 through the popularity of pantomimic plays, mimi, 
 whence pantomimP, the Romans 4 finding more plea- 
 sure in the gratification of the ear and eye than in the 
 productions of genius and art 5 . At the same period 
 jugglers, proestigiatores, whose conjuring cups were 
 called acetabula 6 , and their balls, calculi; tumblers, 
 petauristtf, rope-dancers, buffoons, moriones 1 , etc. 
 
 It is well known 8 that the sediles used to buy plays 
 from authors for the purpose of having them acted. 
 
410 ROMAN ANTIQUITIES. [chap. iv. 
 
 The method of reciting the verses, canendi, and the 
 whole apparatus of stage ornaments and scenic de- 
 corations, besides other particulars of the acting, are 
 not known. We learn from ancient writers that the re- 
 citation was regulated by the notes of the tibia 9 ; the 
 tibiae were named, from the methods of using them, 
 dextrce, sinistra, pares, impares. Whether the whole 
 play was thus recited, we may reasonably doubt ; we 
 may at least conclude that there were distinct kinds of 
 modulation and recitation. Livy, 7, 2. relates, that the 
 dumb show performed by one player was performed to 
 the sound of the tibia, and the dialogue left to the 
 other actor. Concerning the mimus, see 305. 
 
 1) Cf. Hor. ib. 57 and A. P. 288. 2) Cf. Donati Fragm. de 
 
 Corn, et Trag. ; Lydus de Magistrr. 1, 40 ; Reuvens. collect, litte- 
 raria, p. 24, sqq. 3) Cf. Pignor. de Servis p. 184, and the fol- 
 
 lowing portions of an ancient epigram there quoted : " Tot linguae, 
 quot membra viro." 4) Cf. Ast. Grundr. d. Philol. p, 429. 
 
 5) Cf. Hor. Ep. 2, 1, 182, sqq. 6) Sen. Ep. 45 : "Quomodo 
 
 praestigiatorum acetabula et calculi, in quibus fallacia ipsa delectat." 
 7) Cf. Pignor. de Servis, p. 187, where representations of masks 
 are given. 8) Cf. Ovid. Trist. 2, 207. 9) See Liv. 7, 2 ; 
 
 Hor. A. P. 202-15 ; cf. Ovid. Fast. 6, 659. 
 
 S55. The Romans borrowed from the Greeks the 
 use of masks, personce, (hence personatus 1 ,) at the same 
 time as they introduced plays from Greece 2 . These 
 covered the whole head, and therefore were fitted with 
 hair, and moulded so as to suit the rank, age, temper, 
 and spirit of the part 3 ; so that comic and tragic masks 
 must have been widely different 4 ; though both had 
 gaping mouths 5 , contrived so as artificially to increase 
 the sound of the voice, whence the word persona (per- 
 sonare) : it was also increased by sounding boards, 
 echeoe 05%etoj>), which were placed under the seats 6 . 
 Concerning the substances of which masks were made, 
 consult Lucretius and Prudentius 7 . The dress of the 
 tragic actor was the robe syrma* or palla 9 ; he wore 
 the buskin, cothurnus ; the comic actor's buskin was 
 
sect. 356.] ROMAN ANTIQUITIES. 411 
 
 called soccus : hence soccus is used to express comedy, 
 comic dialogue, etc., and cothurnus tragedy, tragic 
 language and style 10 . 
 
 The stage, as well as the whole theatre, was without 
 roof. The spectators were screened from the sun and 
 rain by awnings, vela mails trabibusque intenta 11 . The 
 theatre was likewise sprinkled with odours 12 , crocus; 
 aulceum, the curtain, called also siparium, (some say 
 when applied to a comedy 13 ,) was raised to hide the 
 stage, and let down to show it 14 . Schlegel (iiber 
 dram. Kunst, 3. Vorles) has attempted to explain some 
 particulars concerning the fitting-up of the stage more 
 clearly. Among the machinery we read of the peg- 
 mata 15 . 
 
 1) Hor. Sat. 1, 4, 56 ; Suet. Nero 21. 2) Cf. Hor. A. P. 278. 
 3) See A. G. a Schleg. dram. Kunst 3. Vorles : cf. Cic. de Orat. 2, 
 46. 4) Cf. Phsedr. 5, 7. 5) Cf. Juven. 3, 175. 6) See 
 
 Vitruv. 1, 1. 5, 5 ; Schneid. Eclog. Phys. p. 175. 7) Cf. Luc. 
 
 4, 298 ; Prudent, adversus Symm. 2, 646. 8) Cf. Juven. 8, 229 
 
 Mart. 12, 96, 4. 9) Cf. Hor. A. P. 278 ; Ovid. Am. 2, 18, 15 
 
 10) Cf. Hor. A. P. 80, 90, 280 ; Ep. 2, 1, 174; Virg. Eel. 8, 10 
 Quint. 10, 2 ; Mart. 8, 3, 13. Hence also cothurnatus, Mart. 5, 5, 8 
 Ovid. Am. 2, 18, 18 ; Sen. Ep. 8, " Quam multa Publii, non excal 
 ceatis, sed cothurnatis dicenda sunt ?" 11) Lucret. 3, 107. 4, 73 
 Prop. 4, 1, 15 ; Ovid. A. A. 1, 103. 12) Cf. Prop, and Ovid 
 
 1. c. ; Hor. Ep. 2, 1, 79 ; Sen. Ep. 90. 13) Cf. Juven. 8, 186 
 
 Sen. de Tranq. 11. 14) See Ovid. Met. 3, 111 ; Hor. Ep. 2. 1 
 189 ; cf. Virg. Georg.3, 25. 15) See Sen.Ep. 88 ; Plin. 33, 3 
 Juven. 4, 122; Phaedr. 5, 7, 6 ; Mart. 8, 33, 3. 
 
 ON THE METHOD OF DIVIDING THE YEAR, 
 MONTHS, AND DAYS. 
 
 356. I shall conclude the last chapter concerning 
 religious customs with a description of the measure of 
 Time among the Romans, and of an account of the 
 different days which were marked in the Fasti, as I 
 said 334. 
 
 The most ancient division of the year among the 
 Romans was into ten months, containing three hundred 
 
412 ROMAN ANTIQUITIES. |_ CHAP - - 
 
 and four days 1 : thus it coincided neither with the revo- 
 lution of the earth round the sun, nor with ten revo- 
 lutions of the moon. It would be difficult to say what 
 number of such years it required to complete a cycle 
 and bring the beginning of the solar year and of such 
 a year to coincide 2 . Numa divided the year into twelve 
 lunar months, by introducing an intercalation, according 
 to Livy, loc. cit., so that on every four-and-twentieth 
 year the days of the lunar coincided with those of the 
 solar year. However, as the length of the solar year 
 was not accurately determined, and as the Pontifices 3 , to 
 whom the business of intercalating was intrusted, often 
 intentionally, for various reasons, made the year longer 
 or shorter than was right, and afterwards incorrectly 
 compensated for so doing, the intercalation failed of its 
 effect. Hence a continual confusion of seasons; to 
 remedy which, J. Caesar employed the mathematician 
 Sosigenes 4 , and abolishing the lunar year, introduced 
 a solar year of three hundred and sixty-five days and 
 six hours : these supernumerary hours amounting in 
 four years to a day, a day was added then by doubling 
 the sixth of the calends of March ; whence the day 
 and the year in which it was inserted were called bis- 
 sextus, bissextilis. The Gregorian correction now r in 
 use superseded the Julian in the sixteenth century. 
 
 1) See Cens. de D. N. c. 20; Macrob. Saturn. 1, 12-14 ; Liv. 1, 
 119 ; Ovid. Fast. 1, 27 and 44, 3, 120 and 151. 2) Cf. Censor, c. 
 18. Niebuhr. (Roem. Gesch. v. 1. p. 192, etc. has investigated with 
 singular ingenuity the intercalation and cycle of one hundred and 
 ten years, by using which the ancient Italian nations insured 
 greater accuracy in their calendar than was attained by the 
 Julian method. 3) Cf. Cic. ad Div. 7, 2, Censorinus : " In 
 
 mense potissimum Februario, inter Terminalia et Regifugium, inter- 
 kalatum est, idque diu factum, priusquam sentiretur annos civiles 
 aliquanto naturalibus esse majores. Quod delictum ut corrigeretur, 
 Pontificibus datum est negotium, eorumque arbitrio interkalandi 
 ratio permissa," etc. 4) Cf. Ovid. Fast. 3, 153, 155 ; Plin. 2, 18. 
 18, 25. Suet. Caes. 40 : " Fastos correxit, jam pridem vitio Pontifi- 
 cum per intercalandi licentiam adeo turbatos, ut neque messium 
 feriae sestati, neque vindemiarum autumno competerent." 
 
sect. 358.] ROMAN ANTIQUITIES. 413 
 
 357. March was the first month of the early Roman 
 year 1 ; the fifth month after it was called Quinctilis; 
 and in later times Julius : and the rest were named 
 from the order in which they followed. Numa added 
 January and February without altering the beginning of 
 the year ; so that February, the last month of the year 
 in his calendar, became the second 2 , when January was 
 made the first month of the year. January was named 
 after Janus, to whom it was sacred. February, from 
 
 februce (sacrifices for the manes of the dead): March, 
 from Mars ; April, sacred to Venus, some derive from 
 the Greek acfrpos (a<f>po8[Tr)), some from aperio, as 
 opening the stores of vegetation, spring then begin- 
 ning ; aprilis for aperilis 3 . May, Majus, from majo- 
 res, ancestors 4 . June, sacred to Juno, named after 
 her, or, as some imagine, from juvenis, the month of 
 youths 5 ; July and August, as it is well known, were 
 so called after Julius and Augustus Caesar. 
 
 1) See Ovid. Fast. 3, 75-166. 2) See Ovid. Fast. 2, 49. 
 
 3) Ovid. 4, 61 and 87. 4) Ibid. 73. 5) Ovid. 6, 26 and 88. 
 
 358. The days of each month were divided into ca- 
 lendce 1 , nonce, and idus 2 . The calends were the first 
 day, the nones were the seventh day of March, May, 
 July, and October ; in the other months they fell on 
 the fifth : the ides fell on the fifteenth day of the for- 
 mer months, and on the thirteenth of the other months. 
 The days between the calends and nones were reckoned 
 from the nones following, between the nones and the 
 ides from the ides, and after the ides from the calends 
 of the month following, by anticipation ; thus the 31st 
 December was called pridie calendarum or calendas 
 Januarias; also pridie nonas Januarias 3 was the third 
 of the month, not the second, because the day from 
 which they rekoned was included in the number 4 . The 
 ntindince, every ninth day 5 , were devoted to rest from 
 rural labours and civic duties, such as legislating, and 
 
414 ROMAN ANTIQUITIES. [chap. iv. 
 
 from traffic ( 159). Hebdomades, weeks of days 
 named after the sun and planets, according to the an- 
 cient custom of the Egyptians, were not in use until 
 the time of the Caesars 6 . 
 
 The civil day, consisting of twenty-four hours, was 
 reckoned from midnight to midnight ; the natural day 
 of twelve hours, from sunrise to sunset, the first hour 
 beginning at sunrise 7. The usual terms for distinguish- 
 ing the times of the day were, jubar, daybreak, dilucu- 
 lum, mane, ad meridiem, meridies, de meridie, tempus 
 occiduum, occasus solis, vesper, crepusculum, nox in- 
 tempesta 8 , concubia, ad mediam, media, de media node 
 gallicinium, cockcrow, and conticinium 9 , from cock- 
 crow to daybreak. The method of dividing time in 
 camps was into four watches, mgilice 10 . Sundials were 
 used (by travellers even) for marking the hours. Gno- 
 mon, the style of the sundial, was used for the whole 
 dial, hence gnomonicus, gnomonice (<7/addrjpov, rfkio- 
 Tpoircov 11 ,) by which we may explain the obelisk in the 
 Campus Martius 12 . Clepsydrae 13 , (from vBcop, water), 
 water-clocks, were of a different kind. 
 
 1 ) Calenda ( from kclXuv), so named, because on that day the peo- 
 ple were called by the Pontifex into the curia Calabra, and there in- 
 formed of the holidays of the coming month. Nona, so named, 
 being the ninth day before the ides. The nones, among the Etrus- 
 cans, were the same as the nundinae among the Romans, and the 
 year was divided among them by nones, but not so among the Ro- 
 mans (cf. Macrob. 1, 15 ; Nieb. p. 195). Idus is derived from the 
 Etruscan word iduo, to divide, from its dividing the month. See 
 Macrob. loc. cit. 2) Cf. Macrob. 1, 12, sqq. 3) Both the 
 
 words dies and ante were usually omitted in expressing the day of 
 the month in the ablative case, as tertio calendas. Another method 
 much more common with Cicero and Livy (as Zumpt remarks), 
 was thus, ante diem teriium calendas (a. d. III. Cal.), nonas, idus ; 
 here ante diem is to be treated as a substantive, and the sentence, 
 when the prepositions are supplied, will stand thus : in ante diem IV 
 calendas, ex ante diem quintum idus, etc. 4) See the Table 
 following, which exhibits the days of the month throughout the 
 whole year, taken from Breeder's grammar. 5) Cf. Varro de R. 
 
 R. 2. praef. ; Colum. praef. $ 18 ; Macrob. 1,16; Plin. 18, 3 : " Nun- 
 dinis urbem revisitabant, et ideo comitia nundinis haberi non lice- 
 
sect. 359.] ROMAN ANTIQUITIES. 
 
 415 
 
 bat, ne plebs rustica avocaretur." Cf. Virg. Mor. v. 79. 6) Cf. 
 
 Dio Cass. 37, 18. Hebdomada annorum : Gell. 3, 10; hebdomus 
 quarta; Gell. ib. ; cf. Cic. ad Div. 16, 9. Septimana, whence se- 
 maine; Cod. Theod. XV. 5. 7) See Macrob. 1, 3. 8) Cf. 
 
 Fest. in intempestam ; Virg. Mn. 3, 587. 9) Cf. Censor, de D. 
 N. 24; Macrob. I, 3. 10) Cf. Liv. 5, 44. 7, 35; Cass, de B. G. 
 
 1, 12. 11) Cf. Vitruv. 1, 6. 9, 8 ; Plin. 2, 72. 7, 34. 12) Con- 
 cerning which see Plin. 35, 10. 13) Cf. Cic. de N. D. 2, 34 ; pro 
 Quint. 18 ; Sen. Ep. 24; Lyd. 2, 16 ; Veget. de Re Mil. 3, 8. 
 
 A TABLE 
 
 EXHIBITING THE METHOD 
 
 OF 
 
 RECKONIN( 
 
 1 THE DAYS 
 
 THROUGHOUT THE YEAR AT ROME. 
 
 
 Days of 
 
 Febr. d. 28. 
 
 Jan. Aug. Dec. 
 
 Apr., Jun., Sept. 
 
 Mar., Maii, Jul., 
 
 our 
 
 Months. 
 
 An. biss. 29. 
 
 d. 31. 
 
 Nov., d. 30. 
 
 Oct., d. 31. 
 
 1 
 
 Calendis. 
 
 Calendis. 
 
 Calendis. 
 
 Calendis. 
 
 2 
 
 4 ) ante 
 3 \ Nonas. 
 
 4t~\ ante 
 3 J Nonas. 
 
 41 ante 
 3/ Nonas. 
 
 6 1 
 
 3 
 
 5 1 ante 
 
 4 
 
 Pridie Nonas 
 
 Pridie Nonas. 
 
 Pridie Nonas. 
 
 4 1 Nonas. 
 
 5 
 
 Nonis. 
 
 Nonis. 
 
 Nonis. 
 
 s) 
 
 6 
 
 8' 
 
 
 8 1 
 
 
 8 1 
 
 Pridie Nonas. 
 
 7 
 
 7 
 
 
 7 
 
 
 7 
 
 Nonis. 
 
 8 
 
 6 
 
 ^ ante 
 
 6 
 
 k ante 
 
 6 1 ante 
 
 8 1 
 
 
 9 
 
 5 
 
 Idus 
 
 5 C Idus. 
 
 5 f Idus. 
 
 7 
 
 
 10 
 
 4 
 
 
 4 
 
 4 
 
 6 
 
 ante 
 
 11 
 
 3j 
 
 
 3J 
 
 3j 
 
 5 
 
 Idus. 
 
 12 
 
 Pridie Idus. 
 
 Pridie Idus. 
 
 Pridie Idus. 
 
 4 
 
 
 13 
 
 Idibus. 
 
 Idibus. 
 
 Idibus. 
 
 3J 
 
 
 14 
 
 16 
 
 
 19 1 
 
 
 1*1 
 
 
 Pridie Idus. 
 
 15 
 
 15 
 
 
 18 
 
 
 17 
 
 p 
 
 S3 
 
 Idibus. 
 
 16 
 
 14 
 
 1 
 
 17 
 
 p 
 s 
 
 16 
 
 CD 
 
 17* 
 
 p 
 
 17 
 
 13 
 
 16 
 
 o 
 
 15 
 
 a 
 
 16 
 
 a 
 
 18 
 19 
 
 12 
 11 
 
 
 15 
 14 
 
 O 
 
 14 
 13 
 
 
 15 
 14 
 
 CD 
 
 o 
 
 20 
 
 10 
 
 ft 
 
 p 
 
 13 
 
 D 
 
 12 
 
 P 
 
 
 
 13 
 
 CD 
 
 53 
 
 21 
 
 9 
 
 p 
 
 12 
 
 P 
 
 11 
 
 
 12 
 
 6 
 
 22 
 
 8 
 
 3 
 
 11 
 
 10 
 
 11 
 
 23 
 
 7 
 
 
 
 p 
 
 10 
 
 S 
 
 9 
 
 5 
 
 10 
 
 <*> 
 
 y 3 
 
 24 
 
 6 
 
 5. 
 
 9 
 
 EL 
 
 8 
 
 53" 
 
 9 
 
 S3 
 
 25 
 
 5 
 
 p" 
 
 
 
 8 
 
 33* 
 
 CO 
 
 7 
 
 <D 
 
 8 
 
 t/ '. 
 
 53* 
 
 26 
 
 4 
 
 
 7 
 
 
 6 
 
 <D 
 
 7 
 
 cd 
 
 27 
 
 3J 
 
 
 6 
 
 e 
 o 
 
 5 
 
 3 
 
 6 
 
 
 28 
 
 Pridie Calen- 
 
 5 
 
 s 
 
 4 
 
 53* 
 
 5 
 
 CD 
 
 29 
 
 das Martias. 
 
 4 
 
 53* 
 
 3^ 
 
 
 4 
 
 30 
 
 
 3^ 
 
 
 Pridie Cal. 
 
 3J 
 
 o 
 
 31 
 
 
 Pridie Cal. 
 mensis seq. 
 
 mensis seq. 
 
 Pridie Cal. 
 mensis seq. 
 
416 ROMAN ANTIQUITIES. [chap. iv. 
 
 359. The distinctions between days arising from mo- 
 tives of religion and superstition were as follows : festi 
 were days dedicated to festivals and their celebration; 
 profesti, days on which there were no festivals 1 ; fasti, 
 on which the courts of law were open ; nefasti, the con- 
 trary : intercisi, days partly fasti and partly nefasti 2 ; 
 nundinales, on which nundince were held ( 858) ; hence 
 nundinarius applied to forum, epulce : comitiales, days 
 on which the comitia were held 3 ; pr cellar es, on which 
 it was lawful to fight ; atri, days of public calamities, as 
 the first day after the calends, nones, and ides ; reli- 
 giosi, days held to be unlucky for undertaking anything, 
 and for sacrifices 4 . 
 
 1) Cf. Ovid. Fast. 1, 45, sqq. ; Macrob. 1, 16. 2) Cf. Ovid. 
 Fast. 1, 47,; Liv. 1, 19. 3) Ovid. v. 53 : " Est quoque, quo po- 
 
 pulism fas est includere septis." 4) Cf. Gell. 4, 9 ; Virg. Georg. 
 1, 276. 
 
sect. 360.] ROMAN ANTIQUITIES. 417 
 
 CHAPTER THE FIFTH. 
 
 MILITARY AFFAIRS. 
 
 360. Two arts were cultivated with the greatest zeal, 
 and brought to the highest perfection by the Romans : 
 law, the precepts of which are even now in practice, and 
 war, by which they conquered the whole world, though 
 their own beginnings were insignificant. At the time 
 of Marius they were admirable both for their courage 
 and discipline. Military service among them was held 
 honourable, and was not voluntary. A law introduced 
 by Servius Tullius excluded the poorest classes from 
 service 1 , and called on all, according to their means, to 
 take on themselves, some, greater, and others, lesser du- 
 ties in protecting their country ( 144, 145). Recourse 
 was seldom had to slaves ( 66), or even to freedmen, 
 except on great emergencies ; players also were ex- 
 cluded from the honour of serving. The Romans never 
 employed mercenary troops, but as the empire became 
 more extensive, auxiliaries, consisting of soldiers of 
 friendly nations, were added to the Roman legions 
 ( 122). On the decline of liberty and the corruption 
 of ancient manners, when the richer classes began to 
 shun the toil of warfare, Marius, at variance with the 
 nobles, composed his army principally of the lowest 
 classes : thus the privilege of serving was granted to all, 
 and finally, towards the time of the extinction of liberty, 
 the liability and duty of serving were removed from the 
 Romans; lastly, under the Emperors the allies also 
 were freed from it. Our further remarks on the sub- 
 ject of military affairs will be contained under the fol- 
 lowing titles. 
 
 1) Cf. Nieb. 1. p. 267. 
 
 E e 
 
418 ROMAN ANTIQUITIES. [chap. v. 
 
 ON LEVIES AND THE LENGTH OF SERVICE. 
 
 361. Levies were either extraordinary or ordinary. 
 The ordinary levy of four legions was raised by the con- 
 suls elect 1 ; the people choosing four military tribunes : on 
 these occasions the consuls elect published an edict and 
 raised the standards upon the tower of the Capitol 2 , thus 
 summoning the young men to the Capitol or Campus 
 Martius 3 . Those who presented themselves were said no- 
 men dare, respondere*. The tribunes being distributed 
 among the four legions, chose from a tribe taken by lot, 
 four young men of equal ages and stature, one for each 
 legion ; the legions were in this manner completed, so 
 as to be of equal numbers and strength 5 . A supersti- 
 tious notion required that the names of those first se- 
 lected should be words of good omen, such as Victor, 
 Salvius, Prosper 6 , Those who neglected to offer 
 themselves, refractarii, were compelled by the power 
 of the consuls to do so by various means, either by 
 stripes, infamy, or the loss of their property, sometimes 
 even of their freedom ?. Exemption from serving was 
 granted on account of age and honourable distinctions 8 , 
 and even as a reward 9 ; in after times it was obtained 
 by money and by substitutes ; those also who laboured 
 under bodily infirmity or ill health were exempted; 
 and those who voluntarily disabled themselves, as for 
 instance, by cutting off a thumb 10 , were in derision 
 styled murci n . Concerning levies under the Cassars, 
 when military affairs were on a totally different footing, 
 see Vegetius I. 7. 
 
 1) Cf. Dionys. 9, 5. 2) Cf. Dionys. 8, 81 ; Cses. B. C. 2, 20. 
 3) Cf. Liv. 26, 31. 4) Cf. Liv. 42, 32 ; Gell. 16, 4. 5) Cf. 
 Val. Max. 6, 3, 4. Among the customary expressions were, legere, 
 scribere, laterculum, etc. 6) See Cic. de Divin. 1, 45. 7) Cf. 
 Liv. 7, 4. 42, 34 ; Cic. pro Caec. 34 ; Val. Max. 1. c. 8) Cf. Liv. 
 42, 34, " Vacatio ab aetate, ab honore." 9) Cf. Cic. Phil. 5, 19. 
 10) Cf. Suet. Aug. 24. 11) See Amm. Marc. 15, 12. 
 
sect. 362.] ROMAN ANTIQUITIES. 419 
 
 362. The enlisted legions confirmed by an oath, sacra- 
 mentum, their fidelity to the state 1 : one soldier being 
 chosen in each, who dictated the form of words, expres- 
 sed by prceire, in verba jurare ; sacramento adigere, 
 rogare, etc. The equites were selected from persons 
 of equestrian rank (see 364). A legal levy differed 
 from a tumultuary one, delectus tumultuarius s just as 
 war differs from an insurrection 2 , tumultus : men raised 
 by such a levy were styled conjurati 3 , subitarii milites, 
 tumultuarii, and raising them thus was termed legiones 
 subitarias scribere*, etc. 
 
 During the Republic the length of service required of 
 the infantry was sixteen years, of the cavalry ten years 5 : 
 serving was called stipendiafacere, stipendia merere, or 
 merely stipendia. The period of service was from the 
 age of seventeen till forty-seven. Those who had served 
 their whole time were called veterani, emeriti; and if 
 induced by rewards or entreaties, as frequently hap- 
 pened, to continue in the service, or summoned to serve 
 again, they were called evocati 6 . The vexillarii, in 
 the time of the Caesars, differed from both these kinds ; 
 they were soldiers who were retained to serve in a less 
 rigorous duty until finally discharged 7 . 
 
 The legionarii, Roman citizens, were strengthened 
 by the addition of allied troops raised in accordance to 
 treaty, by order of the consuls commanding, in their 
 own states, and assembled at appointed places ; they 
 were under the command of the generals of the legions, 
 but yet were kept distinct from them. Auxiliaries, con- 
 sisting of foreign soldiers 8 , differed from the socii, or 
 allies, but the words are frequently confounded. 
 
 1) Cf. Dionys. 11, 43; Cic. de Off. 1, 11 ; Liv. 7, 11. 32, 26. 
 2) Cf. Cic. Phil. 8, 1 ; Liv. 34, 56. 3) Cf. Liv. 3, 4 and 30. 31, 
 2 ; Tac. Ann. 1, 56. 4) Cf. Liv. 22, 38. 45, 2. 5) Cf. Tac. 
 
 Ann. 1, 17. 6) Cf. Caes. B. C. 1, 7 and 23 ; Suet. Aug. 56. 
 
 7) Cf. Tac. Ann. 1, 17. 8) Cf. Sail. B. Jug. 83; Tac. Hist. 
 
 1,54. 
 
 e e2 
 
420 ROMAN ANTIQUITIES. [chap. v. 
 
 OF THE CAVALRY, THE INFANTRY, AND 
 THEIR ARMS. 
 
 863. The strength of the Roman armies lay in their 
 infantry, which was by Servius.Tullius divided into the 
 light and heavy armed ; the former were called expe- 
 diti, the latter at first composed the phalanx, but after- 
 wards were divided into the 7iastati, principes, and tri- 
 arii; whether they bore these names before the altera- 
 tion of the phalanx, I know not. 
 
 The principal weapon of the hastati at first was the 
 spear, hasta, afterwards the javelin, pilum 1 : they served 
 in the first rank. The principes, who at first served in 
 the front rank, afterwards served in the second, still pre- 
 serving their name. The triarii stood in the third rank ; 
 they were formerly called pilani", from their using the 
 pilum : and for this reason the hastati and principes 
 were called antepilani 3 . 
 
 Moreover, although the weapons of the Roman sol- 
 diers were different at different periods 4 , yet they appear 
 on the whole to have been borrowed from those of the 
 Greeks, rather than from those of other nations : their 
 defensive arms were galea (yaXrj) or cassis (crista, juba), 
 the helmet ; thorax or loi'ica 5 , the breastplate, of diffe- 
 rent kinds, hamata, squamata, annulis conserta, dimi- 
 diata,pectoralis ; cingulum or balteus, the belt ; ocrece 6 , 
 greaves; caligce, boots, whence caligatus 7 : scutum 8 , 
 the shield, oblong (Ovpeos), made of wood, covered with 
 hide : clypeus, a round shield (adirii) : offensive wea- 
 pons were gladius, the sword ; pilum, the javelin, made 
 of wood, with a hooked head 9 : hasta (spiculum has- 
 tile) the spear. 
 
 The jaculatores 10 , javelin men; sagittarii, bowmen; 
 and funditores, slingers ll , were the principal kinds of 
 light armed infantry, who were called velites, rorarii 
 (skirmishers), accensi, ferentarii (on which words, see 
 
sect. 364,] ROMAN ANTIQUITIES. 421 
 
 Festus l2 ) : under the Caesars, they are found distinguished 
 by numerous names and weapons 13 , among which, be- 
 sides the sling and bow, are mentioned parma, a buck- 
 ler, cudo, a leathern cap, hasta velitaris ; the sword, 
 gladius, was not introduced for some time 14 . 
 
 1) Cf. Polyb. 6, 23. 2) Cf. Ovid. Fast. 3, 129. 3) See a 
 remarkable passage in Livy, 8, 8, and the remarks of Nieb. v. 2. p. 
 475. sqq. 4) Cf. Lyd. de Magistrr. 1,12. 5) Cf. Tac. Ann. 
 1, 64. 6) Cf. Liv. 9, 40 ; Veg. 1, 20. 7) Cf. Sen. de Brev. 
 
 Vit. 17 ; de Benef. 5, 1$ ; Juven. 3. 322. 8) See Caryoph. de 
 
 veterum clypeis, p. 45. sqq. The projecting knob in the centre of 
 the shield was termed umbo, and is used by writers for the whole 
 shield ; hence umbone puhare, se protegere ; umbones jungere. 
 9) Cf. Dionys. 10, 46 ; Sil. It. 13,308 ; Flor. 1, 7. 10) Cf. Liv. 
 21, 21. 36, 16. 11) Cf. Ca3s. B. G. 2, 7. 12) Cf. Liv. 8, 8. 
 26, 4 ; and Festus on these words. 13) Cf. Vegetius, and Lyd. 
 1, 46. 14) Cf. Liv. 8, 8. 
 
 364. The first cavalry among the Romans consisted 
 of three centurice, formed by Romulus ; Tarquinius 
 Priscus increased their number, and Servius Tullius 
 added them to the legions. Afterwards, this force con- 
 sisted of those who were rewarded by the gift of a 
 horse, at the public expense, and (after the expulsion 
 of the kings) of the descendants of the ancient knights : 
 they were sometimes called flexumines, and in later 
 times, trossuli ; either, as some say, from the name of a 
 town taken by cavalry without the aid of infantry \ or 
 as others conjecture, as though torosuli 2 : at length this 
 became a term of derision 3 . 
 
 When the equestrian order was instituted, cavalry 
 soldiers began to be chosen promiscuously, and also to 
 be separated from the legions (see 136), and after the 
 manner of foreign nations, to be distinguished into light 
 and heavy armed, or otherwise, according to the various 
 weapons they used : we may conclude that at first they 
 all used the same weapons, namely, the spear and 
 sword, and as defensive arms, the helmet, perhaps a light 
 shield besides. The heavy armed cavalry afterwards 
 were furnished with the sword, the lance, contus^ i the 
 
422 ROMAN ANTIQUITIES. [chap. v. 
 
 shield, the breastplate, and greaves, ocrece, hence 
 called loricati, cataphracti, also clibanarii 5 , cuirassiers, 
 from clibanus, a cuirass ( 238). The light armed ca- 
 valry were called sagittarii, Numidce, Thraces, Cre- 
 tenses, etc. 
 
 1) Fest. in Trossuli, and Plin. 33, 2. 2) Cf. Non. c. 1. n. 240. 
 3) Cf. Varro ap. Non. ib. ; Pers. 1, 82 ; Sen. Ep. 87. 4) Cf. 
 
 Tac. Hist. 1, 44. 5) Cf. Liv. 35, 48. 37, 40; Prop. 3, 10, 12 ; 
 
 Lampr. Alex. Sev. 56; Eutrop. 6. 7; Amm. Marc. 16,10; Lyd. 
 de Magistrr. 1, 46, where they are termed 6\o<rldr)poi, toti ferrei. 
 
 OF THE LEGION. 
 
 365. The Legion 1 at first formed the whole of the 
 Roman army, afterwards a part only, consisting of a de- 
 finite number of soldiers : but the word is also applied 
 to the troops of allies, and to any troops in general 2 : its 
 complement was different at different times; at first 
 four thousand, afterwards six thousand foot-soldiers, 
 or an intermediate number. A squadron of horse 
 properly consisted of three or four hundred 3 . Its 
 composition was very different under Servius Tullius 4 
 and during the Republic, and also after the reform 
 made by Marius 5 . In his time the infantry were di- 
 vided into ten cohorts, each cohort into three manipuli, 
 regiments, and each manipulus into two centurice, (or- 
 dines), companies. The cavalry were divided into ten 
 turmtE, regiments, corresponding to the number of co- 
 hortes, battalions of infantry ; the turma, into three 
 troops, decurice : thus there was one decuria, of 
 cavalry for every manipulus of infantry. Allied troops, 
 socii, were also so divided ( 362), but were called co- 
 horts, not legions. The cohorts which usually covered 
 the flanks of the legions, legionarii equites, were called 
 the wings, alee. The legions, besides the number at- 
 tached to each, had also titles given them on different 
 accounts : from the places where they were stationed 
 or where they had distinguished themselves, as legio 
 
sect. 366.] ROMAN ANTIQUITIES. 423 
 
 Cannensis, Actiaca 6 , Hispaniensis, Pannonica ; from 
 the nations whence they were raised (a custom intro- 
 duced by Caesar) ( 238) ; from the names of emperors, 
 as legio Augusta, Claudiana ; from their tutelary god, 
 as Martia, Minerva ; from their fidelity or valour, as 
 legio pia, victrix, etc., frequently found on coins. A 
 legion was entitled adjutrix 7 on other grounds. The 
 number of the legions was augmented according to the 
 demands of the state ; the greatest number during the 
 Republic was at the time of the second Punic war : 
 the custom was that four only should be divided be- 
 tween both consuls, the Romans trusting to valour 
 more than to numbers 8 . Concerning the era of the 
 Caesars, consult Dio Cassius LX. 20. 
 
 1) From legere. Cf. Varro de L. L. 4. p. 23 ; Veget. 2, 1 ; Lyd. 
 ], 46. 2) Cf. Hor. Sat. 1, 6, 4 ; Virg. Mn. 7, 681. 3) Cf. 
 
 Liv. 6, 22. 7, 25. 8, 8, and elsewhere. 4) Cf. Liv. 8, 8 ; Nieb. 
 
 v. 2. p. 475. 5) Cf. Lyd. 1, 16 and 46. 6) Tac. Ann. 1, 42. 
 
 7) See the Commentators on Tac. Hist. 2, 48; Lydus, 3, 3. 
 
 8) Cf. Liv. 8, 8.26, 1. 
 
 THE DIFFERENT GRADES OF COMMANDERS. 
 
 366. Commanders in Chief, Imperatores 1 ( 222), 
 whose authority was properly called imperium ( 183), 
 were at first the kings, then supreme magistrates, such 
 as consuls, praetors, dictators, who had the uncon- 
 trolled direction of the war 2 (avroicpaTopes), and the 
 power of life and death over the soldiers : hence judicia 
 castrensia 3 , courts martial. The commander in chief 
 was assisted by legati 4 , often chosen by himself, but 
 their number was fixed by the senate 5 ( 247 and 248). 
 Tribuni 6 (%t\ta/)%ot) commanded the legions under the 
 legati, and held office by turns ; and it seems that 
 there was always one tribune to each of the ten cohorts 
 of the legions ; for formerly there were but three, and 
 then, according as the strength of the legion was in- 
 creased, four, six, and lastly ten, agreeing with the 
 number of the cohorts. 
 
424 ROMAN ANTIQUITIES. [chap. v. 
 
 The Tribunes were at first chosen, by the comman- 
 der in chief; but from the year U. C. 393, partly by 
 the people and partly by him; the latter they called 
 Rufuli, the former comitiali 7 : their insignia was a dag- 
 ger, pugio 8 , as that of the praefecti praetorio (marshals 
 of the camp), and a golden ring ; the chief also wore 
 the latus clavus 9 . A centurion commanded every cen- 
 turia or company, they were also called ductores ordi- 
 num, and by the Greeks eKarovrap^ot, ra^lap^oL, \o- 
 %ayol 10 . They carried a cane (vitem, a vine-stick) for 
 punishing the soldiers, whence the expression vite 
 donari, to be made centurion 11 : they were of different 
 ranks, the highest being called primus pilanus 12 , the 
 lowest decimus hastatus. The primus pilanus, who 
 led the first rank of the triarii, was of equal dignity 
 with the tribune. The subcenturiones, signiferi and 
 vexillarii, standard-bearers, decani or decuriones, and 
 other grades multiplied in the times of the Caesars 13 , 
 were under the centurions. Moreover, these were 
 chosen by the centurions, the centurions by the tri- 
 bunes; both with the approbation of the commander in 
 chief 14 . He also chose the commanders of the legionary 
 cavalry, and of the allies and auxiliaries, with the ad- 
 vice of the tribunes. 
 
 This progressive promotion among the common sol- 
 diers throughout the centuries and cohorts, and of the 
 commanders of these divisions, which prevailed during 
 the Republic, was continued under the Emperors, 
 though the composition of the legion was altered, and 
 the distinctions of rank and duty were far more nume- 
 rous and important; and it was introduced into the 
 offices and staffs of the prcefecti prtztorio, marshals of 
 the camp, and of other magistrates, who formed what 
 was termed militia civilis (see 239-240). 
 
 1) Earlier forms of this word are induperator, endoperator. 
 2) Suet. Aug. 21. 3) Cf. Tac. Agric. 9. 4) Cf. Liv. 10, 40 
 5) Cf. Cifcs. B. G. 1, 52 ; Tac. Ann. 4, 73, 15, 28. 6) Cf. Tac 
 
sect. 278.] ROMAN ANTIQUITIES. 425 
 
 Ann. 1, 44. 7) Cf. Liv. 7, 5. 44, 21 ; Fest. in Rufuli. 8) P a - 
 razonium ; cf. Aur. Vict, de Caes. 13 ; Lyd. 2, 9 and 13 ; Mart. 14, 
 32. 9) Cf. Hor. Sat. 1, 6, 24 ; Cic. pro Cluent. 54 ; Suet. Dom. 
 10. 10) Cf. Nieup. s. 5. c. 2. $ 2. 1 1) Cf. Juven. 8, 247. 14, 
 193 ; Tac. Ann. 1, 23. 12) Primus pilus, primipilaris ; cf. Suet. 
 
 Cal. 35 ; Ovid, de P. 4, 7, 15 : " Tenditis adprimum per densa pelli- 
 cula pilura." Cf. Caes. de B. G. 5, 44 ; " Centuriones, qui jam pri- 
 mis ordinibus appropinquarent." Cf. ib. 6, 40. 13) Cf. Vegetius, 
 and Lydus de Magg. 1, 46. 14) Cf. Luc. 6, 145 ; Veg. 2, 3 ; 
 
 Tac. Ann. 1, 44. 
 
 STANDARDS, MUSICAL INSTRUMENTS, MILI- 
 TARY DRESS, BAGGAGE (IMPEDIMENTA). 
 
 367. The Romans regarded their standards with the 
 highest reverence ; at Rome they were preserved in the 
 aerarium under the care of the quaestors, and in the 
 camp in a consecrated place, as in a chapel, sacrarium 1 . 
 Their great importance may be inferred from the fact 
 that the principal evolutions of the soldiers are ex- 
 pressed as if depending on them, as conferre signa, to 
 attack, movere, to retreat, conpellere, to (pluck them up 
 and) advance, convertere, to wheel, proferre, to advance, 
 etc. The principal standards of the legions were, for- 
 merly, figures of animals, as wolves, boars, minptaurs 2 ; 
 which even afterwards were not altogether disused 3 ; 
 subsequently an eagle of silver with expanded wings, 
 which was used [originally by the first company, mani- 
 pulus, of the triarii, then in the first cohort 4 . The 
 standard of the manipulus, or perhaps of the legion, 
 anciently, was a handful of straw on a pole 8 , whence the 
 name manipulus ; afterwards the statue or bust of some 
 god on a spear, in later times that of the emperor, 
 and a hand projecting upwards from a transverse bar 
 on the top of a spear 6 . It is difficult to decide how 
 the vexllla 1 or flammulce, pennons, whence flammu- 
 larii 8 , differed in their use from the standards men- 
 tioned before, except that it seems determined that they 
 belonged to subdivisions of the legions, not to the entire 
 
426 ROMAN ANTIQUITIES. [chap. v. 
 
 legion, particularly aniong the allies and cavalry. From 
 the vexilla were named the vexillarii ( 362). Labo- 
 rum 9 was a singular kind of standard, ornamented with 
 the figure of a cross worked on it 10 , introduced by Con- 
 stantine 11 the Great, if Creuzerus is not mistaken (see 
 Creuz. 239); the word, which does not occur before 
 his time, seems to favour this opinion. 
 
 1) Cf. Liv. 28, 27 ,- Tac. Ann. 1, 39. 15, 29 ; Veg. 2, 6 ; and the 
 note of Stewart ; Suet. Cal. 14. ef. Creuz. 237. 2) Cf. Plin. 
 
 10, 4 ; Veg. 3, 6 ; Creuz. 237. 3) Concerning the standards 
 
 in use under the emperors, cf. Zosim. 3, 19. 4) Cf. Veg. 2, 16 ; 
 Creuz. 1. c. 5) Cf. Ovid. Fast. 3, 117; Don. ad Ter. Eun. 4, 
 
 7, 6. 6) Cf. Herod. 2, 6. 7) Cf. Tac. Hist. 2, 89. 8) Cf. 
 Veg. 2, 1 . 3, 5 ; Lyd. 1 , 8 and 46. 2, 19 ; Fuss. Epist. ad Has. p. 14. 
 9) \a&d>pov, Sozom. 1, 4. 10) Cf. Prud. adv. Symm. 1, 487. 
 
 11) Cf. Stew, ad Veg. 3, 17. 
 
 368. Of musical instruments ( 444), used either 
 singly or together for giving signals for marching, 
 attacking, or other movements, we read of the tuba, 
 buccina, cornua, and the lituus, a bent horn, peculiar 
 to the cavalry, all made of brass 1 . Classicus, the 
 trumpeter, called also tubicen, when employed at 
 the comitia 2 , and classicum, the call of the trumpet : 
 terms employed were, classicum canit, canitur, the 
 trumpet sounds ; classico convocare, Liv. VII. 36 ; 
 classica pulsa, sounded, Tib. I. 1, 4; receptui canere, 
 to sound for a retreat, Liv. III. 22; Cass, de Bello 
 Gall. VII. 47; buccina, Cic. Verr. IV. 44; buccina 
 vigilice, signal for relieving guard, or of the watch, Liv. 
 VII. 35. XXIV. 15; Prop. IV. 4, 61: ceneatores, 
 Suet. Cass. \2 ; Sen. Ep. 84. 
 
 The military dress ( 451) worn above the tunic 
 consisted of the sagum 3 and lacerna, though neither 
 were peculiarly confined to the military. The sagum 
 was a coarse covering or cloak reaching to the knees, 
 fastening over the shoulder by a clasp, fibula*; officers 
 wore it of a purple colour and embroidered with gold. 
 The sagum was worn in the city also on occasions of 
 
sect. 369.] ROMAN ANTIQUITIES. 427 
 
 imminent danger, being the badge and garb of war 
 as the toga was of peace; whence sagum sumere, in 
 sagis civitas, ad saga ire 5 . The lacerna differed in 
 shape from the sagum, and being better adapted for 
 keeping out cold, was principally used in winter. The 
 military shoe was called caliga ( S63). 
 
 The soldier carried, beside his arms, other instru- 
 ments for use in battle or in encamping, a saw, a shovel, 
 or pickaxe, rutrum (from ruo, being used ad eruendum), 
 a hatchet, stakes, valli, etc., also flour for several days' 
 consumption ; the foot-soldiers were thus loaded with a 
 great weight ; hence the terms miles impeditus, sub 
 sarcinis, etc. 6 . 
 
 The camp followers are described as consisting of 
 fabric smiths, agasones, grooms, lixce, sutlers, calones, 
 servants, who severally belonged to the baggage train, 
 impedimenta, to the commissariat (commeatus), and 
 packhorses or mules (jumenta sarcinaria), etc., also the 
 pullarii ( 32). There were many other such, mostly 
 introduced under the Caesars 7 , besides speculatores* 
 scouts, metatores, quartermasters, scribce, secretaries, 
 Jrumentarii, commissaries. 
 
 1) Cf. Horat. Od. 1, 1. 23, 2. 1, 18 ; Ovid. Met. 1, 98 ; Fast. 3. 
 216 ; Luc. 1, 273. 2) Cf. Varro de L. L. 4, 16, 5 extr. 3) Cf. 
 Caes. de B. C. 1, 75. 4) Cf. Tac. Germ. 17, and Cluv. Germ. 
 
 Ant. 1. 1. p. 136. 5) Cf. Cic. Phil. 14, 1. 8, 11; Veil. 2, 16. 
 
 6) Cic. T. D. 2, 16 : "Scutum, gladium, galeam in onere nostri 
 milites non plus numerant, quam humeros, lacertos, manus." Cf. 
 Veg. 1, 19; Virg\ Georg. 3,346, sqq. 7) Cf. Vegetius, Lydus, 
 
 and the Notitia Dignitatum utriusque Imperii. 
 
 CAMPS, FORTIFICATIONS, ORDER OF BATTLE, 
 AND ATTACK OF TOWNS. 
 
 369. An army on its march always advanced in 
 regular order, composito agmine 1 , either in a square, 
 quadrato agmine, the baggage being in the centre, or 
 
428 ROMAN ANTIQUITIES. [chap. v. 
 
 else in line, pilato agmine, the baggage-train in the 
 rear apart 2 , usually spending the night in camp, forti- 
 fied, whether it was intended to pass one or more days in 
 the same place 3 . Camps were either diurna (mansiones), 
 where a day only was spent, stativa, stationary camps, 
 or else, from the season spent in them, cestiva and hiberna. 
 The names of many cities prove that they occupy the 
 site, or at least are named after Roman camps 4 ; the form 
 of the camp was square 5 ; a ditch encompassed it, usually 
 twelve feet wide and nine deep, on the inner edge of 
 which a dyke, agger, was raised, three or four feet 
 high 6 , of earth heaped up against stakes, valli, whence 
 it was called vallum. There was a gate on each of the 
 four sides ; that opposite the enemy was called 'porta 
 prcsloria, and the corresponding gate on the opposite 
 side decumana 7 , or qucestoria ; these two were styled 
 porta? primaries; but the gates on the right and left 
 sides of the camp, secundaria, or from their facing the 
 principal street in the camp, principia 8 , principals 9 . 
 This street, destined for the tribunal 10 , tribune's office, 
 offices for holding courts, for the forum, and for holding 
 the standards, was a hundred feet wide, and in former 
 times divided the camp into an upper and lower part. 
 In the upper part ( 190) stood the praetoriurn n , quaes- 
 torium (213), and also the tents of the commanders of 
 the allies, and other officers of inferior rank, together 
 with the tents of the praetorian cohort, which, after the 
 custom of the kings, were assigned to the generals as 
 a body-guard, composed of a chosen troop of horse 
 and foot : the lower part of the camp, which was inter- 
 sected by the via quintana, was allotted to the tents of 
 the rest of the army, and among them to the allies. In 
 later times, the praetoriurn being situated between the 
 via primaria and quintana, the camp was divided into 
 three parts : it is thus described by almost all later 
 writers : Polybius, 6, 27, sqq. and Hyginus, de castra- 
 
sect. 370.] ROMAN ANTIQUITIES. 429 
 
 metatione, among the ancients, furnish the most par- 
 ticular account of it. Antiquaries prove that castra 
 diurna differed from the stativa, and cestiva from 
 hiberna in many particulars \ 2 . The names and parts, 
 and the changes in them, furnish an endless subject of 
 discussion 13 . Nieuport and others give a plan, with the 
 dimensions and distinctions of the different parts. 
 
 I) From ago. Isid. Origg. 9, 3 ; cf. Serv. ad Mn. 1, 186. 12, 
 121 ; Hirt. de B. G. 1. 8, 8. 2) Cf. Polyb. 6, 40. 3) Cf. 
 
 Liv. 44, 39. 4) Cf. Champollion-Figeac resume d'Archeol. v. 1. 
 p. 1 13. 5) Cf. Stew, ad Yeg. 1, 23. 6) These are the di- 
 
 mensions stated by antiquarians ; it is scarcely necessary to say 
 that the accounts of writers often differ respecting them. Cf. Cass. 
 de B. G. 2, 5 : " Castra in altitudinem pedum XII vallo fossaque 
 duodeviginti pedum munire jubet." 7) Cf. Veg. 1, 23. 8) Cf. 
 Liv. 7, 12. 28, 24; Tac. Hist. 1, 48. 9) Liv. 4, 19. 40,27. 
 
 10) Liv. 28, 27. 11) Cf. Liv. 7, 12. 28, 27. 12) Cf. Creuz. 
 
 247. 13) See Creuz. 247, sqq. 
 
 370. The soldiers' tents consisted of boards, or were 
 roofed with rushes or straw, according to circumstances, 
 and in winter generally with skins ; hence the expres- 
 sion sub pellibus *, i. e. in winter-quarters. In each 
 tent there lodged a party (contubernium,) or mess of 
 ten soldiers under a decanus, corporal, whence contu- 
 bernales ( 247) means those lodging in the same tent. 
 Between the tents and the vallum, a clear space two 
 hundred feet wide was left, on which they mustered 
 when called out. Two signals were given when they 
 were to march, the first for packing up, the second 
 for loading their baggage, etc., to which custom the 
 expression, vasa conclamare 2 to give the signal for 
 packing up, vasa colligere 3 ; at the third signal the 
 army marched 4 , preserving in their march the stations 
 they held in the camp : whence a camp is termed ag- 
 men considens, and an army on march, ambulans acies 5 . 
 
 Soldiers in camp were exercised and kept employed 
 in collecting wood and necessaries for forage, and in 
 relieving and mounting guard: besides duties required 
 
430 ROMAN ANTIQUITIES. [chap. v. 
 
 of them by the tribunes and other superior officers. 
 Sentinels were called stationarii, and a guard mounted, 
 excubice, prcesidia ; tessera or libellus was the billet on 
 which the watch-word was inscribed, or the watch- 
 word itself, <tv/jl/3o\ov 6 ; tesserarii, they who had it; 
 procubitores 7 , outposts ; and circuitores s f those who 
 visited or relieved them. Besides these military duties, 
 walking, feats of horsemanship, decursio. Veget. I. 9. 
 III. 4. swimming, archery, throwing the javelin, leaping 
 their horses, Veget. I. 18, furnished them amusement. 
 Frequently also works of great magnitude were required, 
 such as ditches, intrenchments, roads 9 , bridges, and 
 the like ; or remedies against idleness and ease were 
 employed 10 . Exemption from such duties, the privi- 
 lege of superior officers, was granted to common sol- 
 diers as a reward, and for various reasons : those ex- 
 empted were called immunes, beneficiarn^ to which mu- 
 ni/ices is opposed 11 . We learn from Tacitus 12 that 
 soldiers, in the time of the Caesars, commonly purchased 
 these immunities from the centurions. The severity of 
 military discipline among the Romans was remarkable, 
 and consistent with the dignity of the Roman name, 
 which sprung from and depended on warlike courage, 
 the great preserver of which is severity. Hence the 
 unbounded power of the general over the soldiers, and 
 the great reverence paid to his authority and dignity, 
 the very freedom of a citizen not being valid in a camp. 
 
 ( 71.) 
 
 1) Cf. Cic. A. Q. 4, 2 ; Liv. 5, 2. 37, 39 ; Tac. Ann. 13, 35; 
 Flor. 1, 12. 2) Ca*. de B. C. 3, 85; Liv. 21, 47. 22, 30. 
 
 3) Cass. ib. 1, 66. 4) Cf. Jos. de B. Jud. 3. 6. 5) See Nieup. 
 5, 5, 6. 6) Cf. Polyb. 6, 33. 7) Cf. Veg. 3, 8 ; and the note 
 of Stewart on it. 8) Veg. ib. ; cf. Lyd. 1, 46. 9) Cf. Liv. 
 
 39, 2. 10) Cf. Tac. Ann. 1, 16 and 35. 11) Veg. 2, 7 ; cf. 
 
 Fest. in munem and beneficiarii ; Lyd. 1, 46. 12) Ann. 1, 
 
 17 and 35. 
 
 371. The general, before a battle, having, if neces- 
 sary, taken the auspices ( 320), (as he would not en- 
 
sect. 371.] ROMAN ANTIQUITIES. 431 
 
 gage if the omens were unpropitious l , nor unless he 
 had consulted the gods,) usually harangued the assem- 
 bled army (styled on medals, adlocutio) ; after which 
 the signal for the onset was given, and he augured 
 well of the event from the eagerness of the soldiers, 
 expressed by their words or by the clashing of their 
 arms, or from their shout, barritus 2 , as they rushed 
 on the enemy; or augured ill from their despond- 
 ing silence. The battle array, acies, formerly resem- 
 bled a phalanx, and was similar to the form of the body 
 of heavy armed infantry introduced by Servius Tullius 
 ( 363) ; afterwards, in the time of Camillus as it is 
 thought, the plan was changed, and a line three deep 
 formed of hastati in front, the principes (who at first 
 were in front) in the second line, and behind them the 
 triarii, all placed in companies, manipuli, a space being 
 left between every two manipuli, so as to leave a direct 
 way along which the front rank could retire behind the 
 second, or both behind the third; and then it was said 
 res ad triarios rediit 3 , or when both ranks fell into the 
 spaces between the triarii and the ranks being thus 
 closed up, the three in one withstood the enemy. On 
 this consult a passage in Livy, VIII. 8. 
 
 These intervals between the manipuli also served for 
 the advance and retreat of light troops acting as skir- 
 mishers, who retired behind the triarii whilst the legions 
 were engaged : though we read of their being also 
 mixed with their ranks 4 . The legionary cavalry and 
 allies covered the flanks of the legions, and hence were 
 called alee, the wings ( 365). 
 
 This, the usual disposition of the line, was called the 
 quincunce 5 , and was in use during the Punic wars, and 
 then first perfected ; afterwards, when the form of the 
 legion was altered, together with the method of levying 
 troops, the legion then being divided into cohorts, and 
 the division into hastati, principes, and triarii 6 being 
 also disused. 
 
432 ROMAN ANTIQUITIES. [chap. v. 
 
 Other orders of battle were orbis?, the circle; cu- 
 neuSy a serried phalanx, sometimes wedge-shaped, with 
 a narrow front; caput porcinum ; the opposite to which 
 was the forfex Q , the lines diverging from an angle 
 as the blades of shears ; testudo, formed by the sol- 
 diers holding their shields over their heads, like scales 
 on the tortoise 9 : serra 10 , a jagged line ; later culum 
 turris 11 , a solid column ; and globus 12 . 
 
 1) Cf. Liv. 7, 8. 2) Cf. Tac. Germ. 3, 2 ; Veg. 3, 18 ; Amm. 
 Marc. 16, 30. 3) Liv. 8. 8 : " Clypeis ante Romani usi 
 
 sunt, deinde, postquam stipendiarii facti sunt, scuta pro clypeis fe- 
 cere, et quod antea phalanges similes Macedonicis, hoc postea ma- 
 nipulation structa acies ccepit esse : postremo in plures ordines in- 
 struebantur Hastati omnium primi pugnam inibant. Si hastati 
 profligare hostem non possent, pede presso eos retrocedentes in in- 
 tervalla ordinum principes recipiebant. Turn principum pugna erat, 
 hastati sequebantur. Triarii sub vexillis considebant, sinistro crure 
 porrecto, scuta innixa humeris, hastas surrecta cuspide in terra fixas, 
 haud secus quam vallo septa inhorreret acies, tenentes. Si apud 
 principes quoque haud satis prospere esset pugnatum, a prima acie ad 
 triarios sensim referebantur. Inde rem ad triariosredisse, quum labo- 
 ratur, proverbio increbuit. Triarii consurgentes, ubi in intervalla or- 
 dinum suorum principes et hastatos recepissent, extemplo compressis 
 ordinibus velut claudebant vias, unoque continente agmine, jam nulla 
 spe post relicta, in hostem incidebant." Compare with this passage 
 Vegetius 3, 14, where he describes the usual order of battle. 
 4) See Liv. 8, 8. 5) Cf. Cic. de Sen. 17 ; Varro de R. R. 1, 7 ; 
 Colum. 3, 13. 6) Cf. Creuz. 245-6. 7) Cf. Liv. 4, 28 and 
 
 39. 8) Cf. Veget. 3, 19 ; Gell. 10, 9. 9) Cf. Liv. 44, 9 ; 
 
 Cses. de B. G. 2, 4 ; Luc. 3, 474. 10) Cf. Fest. in serra prce- 
 
 liaris ; Veget. 1. c. 11) Cf. Gell. 1. c. ; Veget. 1. c. 12) Ve- 
 get. 1. c. 
 
 372. Celebrated sieges, descriptions of which have 
 been left us, as that of Veii, Liv. V. 7 and 19 ; of Syra- 
 cuse, Liv. XXIV, 33 ; of Ambracia, Liv. XXXVIII. 4; 
 of Alesia, Caes. de Bello Gall. VII. 68, sqq. ; and of 
 Marseilles, Cass, de Bell. Civ. I. 34, sqq., show the 
 method among the Romans of attacking towns, and what 
 progress they made in the art. 
 
 First, the city was encircled by an intrenchment, 
 which protected the besiegers against the sallies of the 
 garrison : this is expressed by corona cingere, obsidere. 
 
sect. 372.] ROMAN ANTIQUITIES. 433 
 
 In the next place, they usually raised a broader wall of 
 earth strengthened with wood, stones, and other mate- 
 rials, gradually bringing it nearer to the walls, and raising 
 it up to, and even above them in elevation. From this 
 wall tliey assaulted the town with various engines, ma- 
 cJiince, poliorceticce 1 , some of which were for casting darts 
 against the garrison, jaculatorice, and others used only 
 against the walls, obsidionales. Among the former 2 we 
 read of theballista 3 , catapulta 4 , scorpio 5 , with which the 
 onager (Gr.fiovdy/ccov) is confounded, by which were cast 
 stones, darts, falaricce, fiery darts, bundles of hemp 
 and tow burning, malleoli, stakes, and other missiles. 
 Among the machines obsidionales we find commonly 
 mentioned towers of wood, often of immense height, 
 which, by means of wheels and rollers, were moved up 
 to the walls 7 ; the tolleno, for raising soldiers in baskets 
 to the battlements 8 ; sambucce, scaling ladders, arietes, 
 battering rams; falces, terebrce, for piercing walls; corvi, 
 grappling irons; grues, etc. When the nature of the 
 soil admitted of it, the walls were undermined by sub- 
 terraneous passages, cuniculce 9 . To these may be 
 added the various machines invented for protecting the 
 besiegers, testudo 10 , crates (gabions), vinece, plutei u , 
 covered ways or galleries. The besieged were no less 
 ingenious in contrivances for casting huge stones, fire, 
 boiling oil, and other things, whereby to wound, burn, 
 or crush the enemy's soldiers and engines ; nor less in- 
 dustrious in alarming them and destroying their works 
 by sallies. 
 
 1) De Folard, in his commentary on Polybius, gives drawings of 
 these engines, with explanations. There is a book by an unknown 
 ancient author on this subject, entitled, De rebus bellicis. 2) Cf. 
 Luc. 3, 465. 3) Cf. Liv. 21, 11 ; Caes. de B. C. 2, 2 ; Tac. Hist. 
 4, 23 ; Veg. 4, 22 ; ibiq. Stew. 4) Cf. Caes. de B. C. 2, 9 ; Liv. 1. c. 
 and 395 ; Vitruv. 10, 15 ; Stew. 1. c. 5) Auct. B. Afric. 56 ; Liv. 
 26. 47 and 49 ; Stew. 1. c 6) Cf. Ca3s. de B. G. 7, 25. 7) Cf. 
 
 Cic. ad Div. 5, 4 ; Liv. 32, 17 ; Cses. de B. C. 2, 8 and 9 ; Stew, 
 ad Veg. 4, 17. 8) Cf. Liv. 24, 34. 38, 5 ; Stew, ad Veg. 4, 21. 
 
 F f 
 
434 ROMAN ANTIQUITIES. [chap. v. 
 
 9) Cf. Caes. B. G. 7, 22; Liv. 38, 7 ; Veil. 2, 27 ; Zosim. 3, 22. 
 
 10) Cf. Liv. 34, 29; Tac. Ann. 13, 39. 11) Cf. Cses. de B. C. 
 2, 9; Veg. 4, 15; Liv. 34, 17; Luc. 3, 474. 
 
 NAVAL BATTLES. 
 
 373. On the occasion of their first naval engagement, 
 which took place in the first Punic war, the Romans 
 were inexperienced, and fought with ill-adapted ships 1 , 
 but they soon built larger and better, on the plan of the 
 Carthaginians, and by their valour and usual industry 
 in warlike affairs and the assistance of allies, particu- 
 larly of the Rhodians, as well as from the experience 
 they earned in their wars against the Carthaginians, the 
 Illyrians, and against Antiochus, they so excelled in 
 naval warfare that towards the close of the Republic, 
 they held sway by sea as well as by land ; for main- 
 taining which a standing fleet as well as a standing 
 army was kept up by them, and by the emperors after- 
 wards. 
 
 The fleet consisted of triremes and quinqueremes, 
 besides transports, onerarice, and lighter vessels 2 called 
 actuaries, libumce 3 , speculatorice 4 , celoces and tabella- 
 rice 5 for carrying despatches. The triremes and quin- 
 queremes were so named from the number of their tiers 
 of oars 6 , also naves constratce, from their number of 
 decks, and naves longce, from their length. The crews 
 were composed generally of allies and the lowest 
 orders, and were classed under the names of rowers or 
 sailors, and marines, classici or classiarii 7 . The hortator 
 (/ceXeucrr^y) or pausarius 8 commanded the rowers ; gu- 
 bernator, or navarchus, the sailors. The commander 
 of the ship was generally a tribune or centurion ; the 
 admiral of a fleet, a prsetor or consul ; and from his 
 ship, navis prcetoria 9 , requisite signals were made by 
 pennons during the day, and lights at night. 
 
sect. 374.] ROMAN ANTIQUITIES. 435 
 
 The method of attack was more like that on land 10 
 than it is among us 11 . They endeavoured to sink the 
 enemy's ship by means of the rostrum, (from which 
 ships were styled rostratce 12 ,) one or more projecting 
 iron-headed beams at the prow, or to burn them by 
 engines that cast blazing darts, etc. ; or what was still 
 more customary, they grappled with them with hooks, 
 (corvuSf harpago, ferrea manus), and drew the ships 
 together 13 ; then, as they lay alongside, an engagement 
 similar to a fight on land took place. 
 
 I) Cf. Sen.de Brev. Vitae 13; Fest. in caudicaria naves, Polyb. 
 1, 20 and 21. 2) Cf. Gell. 10, 25. 3) Cf. Sen. Ep. 77. 
 
 4) Cf. Liv. 30, 10. 5) Cf. Caes.de B. C.3,9; Hor. Od. 1,37, 
 30 ; Epod. 1, 1. 6) Antiquaries are generally of opinion that 
 
 each tier of rowers occupied a separate tier of seats, running one 
 above another along either side of the vessel (Consult Lucan 3, 
 530 : " quater surgens exstructi remigis ordo") ; and experience 
 has proved in the case of a few constructed on this principle, that 
 they can thus be impelled very swiftly : but we must despair of con- 
 ceiving how the size of a vessel or the structure of the benches 
 could admit of twenty or more tiers of oars, mentioned by writers, 
 unless we suppose that several ranks of rowers sat side by side, so 
 that one oar was pulled by several ; so that if the ship was of more 
 than four rows of oars, it was named after the number of ranks of 
 rowers; as titcoaripiiQ, if of twenty; rpiciKovr ?pje, if of thirty ranks. 
 However, these terms sometimes apply, neither to the number of 
 oars or ranks of oars, but to that of the rowers. Among other au- 
 thors consult Polyb. 1, 20 and 26 ; Flor. 4, 11 : " Quippe a senis in 
 novenos remorum ordines, ad hoc turribus atque tabulatis allevatae 
 Caesaris naves a triremibus in senos, nee amplius ordines creve- 
 rant." 7) Cf. Liv. 26, 48. 29, 35 ; Tac. Hist. 1, 36. 8) Cf. 
 
 Sen. Ep. 56. 9) Cf. Liv. 29, 25. 45, 6. 10) Cf. Luc. 3, 524. 
 
 11) Cf. Flor. 2, 2. 12) Cf. Liv. 30, 10. 13) Cf. Liv. ib. ; 
 
 Polyb. 1,22; Flor. 2, 2. 
 
 SOLDIERS' PAY, REWARDS, TRIUMPHS, 
 PUNISHMENTS. 
 
 374. At first the Roman citizen fought without pay, 
 with arms found by himself, and therefore varying ac- 
 cording to his means ( 145), content with little food, 
 and with the plunder to be expected from the war. 
 However, it seems probable 1 , though not strongly sup- 
 ported by the testimony of ancient writers, that a yearly 
 
 pf2 
 
436 ROMAN ANTIQUITIES. [chap. v. 
 
 allowance of food, annona, even before the time of Ser- 
 vius Tullius 2 , was furnished at the public expense to 
 the soldier, particularly to the horse soldier. But by 
 degrees they were exasperated by the unequal division 
 of plunder, the length of war far from home, and the 
 constantly recurring levies. Thus, during the siege of 
 Veii (A. U. C. 349), the senate was compelled by ne- 
 cessity to grant pay, first to the infantry, and then to 
 the cavalry 3 . It seems more difficult to prove that pay 
 was given under the kings than that the annona was 4 . 
 Polybius says that in his time a private foot soldier of the 
 legion received two oboli a day, afterwards five, and 
 under Julius Caesar ten asses 5 : a centurion had twice as 
 much, a cavalry soldier three times as much; but among 
 all, part of this was deducted for his allowance of bread, 
 clothes, and arms. For their food, annona, the Roman 
 soldiers and their allies received vegetables, salt, smoked 
 meat, but principally wheat, and in proportion to their 
 pay ; a legionary foot soldier about four bushels a 
 month 7 : the allied troops were, however, clothed and 
 paid (though not fed) by their own states. There were 
 also some who, as a reward or favour, received more 
 than the usual allowance : whence they were called dupli- 
 carii and armaturce duplares, from a double share, ses- 
 quiplares 8 , etc. Even under the Caesars the daily food 
 of the soldiers was remarkably frugal 9 , so that no one 
 can wonder that it was most frugal formerly, and Creuzer 
 ( 259) remarks that there were neither cooks nor any 
 thing else of that kind in the army ; and the like fru- 
 gality existed as to their drink 10 . Moreover, as now it 
 was the custom for the party, contubernium ( 370), 
 who lodged together to have a common mess; when 
 they slept they lay on straw n . In the time of Curius 
 Dentatus 12 , it would have been thought disgraceful for 
 officers to have lived much more luxuriously than the 
 soldiers ; afterwards, when luxury had corrupted their 
 
sect. 375.] ROMAN ANTIQUITIES. 437 
 
 morals, many, for the sake of example, lived frugally 
 and severely, especially those who endeavoured to re- 
 claim them to the frugality and rigour of antiquity 13 . 
 
 1) Cf. Cic. de Rep. 2, 20; Liv. 1, 43. 2) Cf. Creuz. 39 
 
 and 105. 3) Cf. Liv. 4, 59. 5, 7. 4) Cf. Creuz. 1. c; Nieb. 
 
 v.2. p. 218. 5) Cf. Suet. Aug. 49 ; Tac. Ann. 1, 17 and 26. 
 
 6) Cf. Tac. 1. c. ; Polvb. 6, 39. 7) Cf. Polyb. ib. 8) Cf. 
 
 Varro de L. L. 4. p. 24 ; Veg. 2, 7 ; Lyd. 1, 46. 9) Cf. Hor. 
 
 Od. 3, 2 ; Spart. Hadr. 10. 10) Cf. Spart. 1. c. 11) Cf. 
 
 Plin. H. N. 8, 38. 12) Cf. Hor. Od. 1, 12, 41. 13) Cf. 
 
 Tac. Ann. 13, 35. 
 
 375. Among the honours and rewards bestowed on 
 soldiers were exemption from public offices, and a por- 
 tion of the spoils which were peculiarly called military 
 spoils, manubice, an increase of pay ( 374), an honour- 
 able discharge, with presents, a division of conquered 
 lands among the veterani ( 242) ; but the principal 
 honourable distinctions were crowns 1 , of which the civic 
 crown consisted of oak leaves 2 ; the corona vallaris or 
 castrensisy ornamented with figures of the valla (stakes) ; 
 the mural crown, adorned with battlements ; the rostrata 3 , 
 or naval crown with the rostra of ships ; the obsidio- 
 nalis of grass ; the golden crown, presented to a general 
 on the occasion of his triumph, called also triumphalis, 
 and the ovalis, called so from ovatio ( 376). The 
 lesser rewards were headless spears, hastes pura*, and 
 also horse trappings 5 for the head or neck 6 , of metal, 
 afterwards armillce 7 , ornaments 8 , for the soldier him- 
 self, whence armillatus 9 -, torques 10 , ornaments for the 
 neck, whence torquati, cornicula, ornaments for the 
 helmet 11 . The highest honours of leaders consisted in 
 their being saluted by the title of Imperator by the 
 army ( c 2%2) ; public thanksgivings for their victories, 
 celebrated at Rome ( 331) ; the spoils of the vanquished, 
 according to ancient custom 12 , were affixed to their resi- 
 dences 13 ; by which may be explained the sentence rostra 
 in domo Pompeii 14 ; but, of all honours, the greatest was 
 
438 ROMAN ANTIQUITIES. [chap. vi. 
 
 a triumph {Opla^os). Instituted by Romulus 15 , this 
 honour was frequently conferred during the days of the 
 Republic, yet it was granted only on occasion of a 
 memorable victory and a law was passed denning the 
 conditions, many having demanded a triumph for 
 frivolous services ; they were decreed by the senate ; 
 yet some generals, by appealing to the people, triumphed 
 in spite of it l6 . When a general to whom a triumph 
 had been decreed, or who was about to petition for one, 
 drew near to Rome with his army 17 , according to cus- 
 tom he declared to the senate, who gave him audience 
 in the temple of Bellona ( 179), the services which on 
 entering the city he was to confirm by oath before the 
 quaestors, namely, that in a just war with enemies, the 
 boundaries of the empire had been extended by him, 
 and that in one fair engagement he had slain five 
 thousand of the enemy, at least. Which being done, 
 supreme power ( S66) was given to the general about 
 to triumph, for the day when he should enter the city. 
 Concerning the laws that regulated triumphs, consult 
 Valerius Max. II. 8, 1. 
 
 1) See Stew, ad Veg. 2, 7. 2) Cf. Tac. Ann. 2, 83. 3) Cf 
 Plin. 16, 4; Virg. jEii. 8, 684. ' 4) Cf. Polyb. 6, 39; Suet- 
 Claud. 28. 5) Cf. Polyb. 6,37 ; Gell. 2, 12. 6) Cf. Liv. 22. 
 52; Cic. Verr. 4, 12; Juven. 11, 102; Claud, de 4. Cons. Hon. 
 548. 7) Cf. Sil. 15, 255 ; Flor. 3, 10. 8) From phalera comes pha- 
 leratus, applied to horses, Liv. 30, 17 ; to mobs, Suet Nero 30 ; to 
 runners, Petron. 28; and to speeches, Ter. Phorm. 3, 2, 15. 9) Cf. 
 Fest. and Lyd. 1, 46. 10) Cf. Veg. 2, 7. 11) Cf. Liv. 10, 44. 
 12) Cf. Virg. jEn. 5, 393. 13) Cf. Liv. 10, 7, " Quorum domos 
 spoliis hostium affixis insignes inter alias feceritis." Cic. Phil. 2, 
 28 ; Plin. 35, 2. 14) Gell. 16, 5. 15) Cf. Liv. 1, 10. 16) Cf. 
 Dionys. 1 1, 50. 17) Cf. Sail: Cat. 26. 
 
 376. The following is the order in which the tri- 
 umphal procession moved (formerly starting from the 
 porta Capena) from the Campus Martius, near which 
 were the pons and porta triumphalis, through the 
 principal streets, through the forum by the circus, all 
 
sect. 376.] ROMAN ANTIQUITIES. 439 
 
 gorgeously adorned up to the Capitol. Bands of music, 
 followed by bulls to be sacrificed, then the spoils of 
 the enemy, and plans or pictures of the conquered 
 nations 1 and cities ; then the captive leaders and other 
 prisoners 2 preceding the conqueror, who was sur- 
 rounded by his friends and relations 3 . The victorious 
 army following the triumphant leader, crowned with 
 laurel, closed the pomp, shouting ' Io Triumphe ! ' re- 
 peating also jokes 4 , and not even sparing their leader 
 in their license 5 : he, clad in the triumphal dress, an 
 embroidered toga, and a tunic embroidered with palm 
 branches, tunica palmata 6 , crowned with laurel, car- 
 rying an ivory sceptre, in a burnished car, was drawn 
 by four horses, usually white 7 : a slave standing behind 
 him carried a golden crown 8 . On their arrival at the 
 Capitol a sacrifice was offered to Jupiter, and a share of 
 the spoils was dedicated to the gods. The ceremony 
 terminated by feasts and public rejoicings 9 . A triumph 
 on occasion of a naval victory was distinguished by 
 the term navalis, and by different circumstances arising 
 from its nature ; Duillius was the first who enjoyed 
 one, and to him a columna rostrata was raised ( 426). 
 Triumphal arches were so named from triumphs ( 50). 
 On the extinction of liberty, it was thought fit, for 
 many reasons, that triumphs should be reserved for the 
 emperors 10 , among whom the following enjoyed the 
 honour down to the latest times of the empire, Augus- 
 tus, Claudius, Trajan, Aurelian and others. In the 
 room of a triumph, triumphal decorations u were granted 
 to some 12 . An ovation 13 was an inferior kind of triumph. 
 He who enjoyed the honour of one entered the city 
 on foot or on horseback with the prcetexta and a myrtle 
 crown ; instead of bulls he sacrificed a sheep, whence 
 the word ovation from ovis: and some, to whom a 
 triumph, justly due, was refused, triumphed at their 
 
440 ROMAN ANTIQUITIES. [chap. vr. 
 
 own expense on the Alban hill, proceeding in procession 
 to the temple of Jupiter Latiaris 14 . 
 
 1) Cf. Veil. 2, 56. 2) Cf. Juven. 10, 45. 3) Cf. Vop. 
 
 Aurel. 34 ^ 4) Cic. in Pis. 25 : " Quid tandem habet iste currus ? 
 quid vincti ante currum duces ? quid simulacra oppidorum ? quid 
 aurum? quid argentum? quid legati in equis et tribuni? quid 
 clamor militum ?" 5) Cf. Suet. Caes. 50 and 51. 6) Cf. Lyd. 
 2, 2. 7) Cf. Hor. Epod. 9, 21 ; Prop. 4, 1, 32. 8) Cf. Juven. 
 10, 39. i 9) Cf. Liv. 1, 10. 34, 52. 45, 40. A representation of a 
 triumph is given in an engraving in the Thes. Graev. v. 9, and has 
 been copied from it into the works of Nieupoort, Cantelius, and 
 others. Of descriptions of triumphs left us by the ancients, the 
 most remarkable is that of ^Emilius Paulus, by Plutarch. For 
 others, see Appian Pun. 66 ; Jos. de B. Jud. 2, 17 ; Ovid. Trist. 4, 
 2,53; de Ponto 2, 2, 21. 10) Dio Cassius 54, 11 and 24. 
 
 11) These paraphernalia, viz., the triumphant robe, the laurel 
 crown, the ivory sceptre (Livy 30, 15), and other insignia, are by 
 some antiquaries classed under the same head as the title of impera- 
 tor, statues, sacrifices, and public thanksgivings granted to indi- 
 viduals, but not always accurately I suspect. 12) Cf. Veil. 2, 
 104 ; Suet. Tib. 9 ; Aug. 38 ; Claud. 24. 13) Cf. Gell. 5, 6 ; 
 Flor. 3, 19. As to the state of things under the emperors, see Veil. 
 2, 196 : " Nero ovans triumphavit." 14) Cf. Liv. 33, 22 and 
 23 ; cf. 26, 21. 
 
 377. Military punishments were different according 
 to the nature and heinousness of the offence, and the 
 age 1 : slight punishments, (to which the expression cen- 
 sio hastaria* refers, meaning the disgracing a soldier by 
 depriving him of his spear,) were also inflicted by short- 
 ening his allowance of pay 3 , arms, food, such as bread 
 and barley-meal 4 , or taking them away ; or by stripes, 
 blows with a stick 5 , and other ignominious inflictions 6 ; 
 graver offences, such as treachery, or rebellion in indi- 
 viduals, were punished by death. In the case of whole 
 cohorts revolting, they were punished by decimation, 
 the death of every tenth or twentieth man, etc 7 . We 
 find that prisoners of war were at the disposal of the 
 conqueror, by the law of nations ( 51). A disgrace 
 sometimes inflicted on conquered enemies was causing 
 them to pass under the yoke 8 . 
 
 We have already mentioned the time and duration of 
 
sect. 377.] ROMAN ANTIQUITIES. 441 
 
 service. Discharges were either justce or injustce, i. e. 
 due, and deservedly earned, or compulsory : among the 
 former are classed those granted on account of wounds 
 received in the service, causaria, and those of a soldier 
 who enlisted voluntarily for the sake of avoiding other 
 public offices 9 ; among the injustce, were ignominious 
 expulsion from the ranks 10 , and missio gratiosa 11 , 
 purchased by money or interest. Concerning the 
 distinction between missio and exauctoratio (either 
 cashiering or disbanding), introduced by the emperors, 
 consult Tac. Ann. I. 36. 
 
 1) In Digg. 49, 16. 3, 1, distinctions are drawn between casti- 
 gatio, pecuniaria mulcta, munerum indictio, militia mutatio, gradus 
 dejectio, ignominiosa missio. 2) See Fest. in censio and depre- 
 hensa. 3) Cf. Fest. in dirutum cere. 4) Cf. Suet. Aug. 24 ; 
 Plin. 18, 7. 5) Cf. Cic. Phil. 3, 6 ; Liv. 5, 6 ; Polyb. Q, 37 ; 
 
 Tac. Ann. 3, 21. 6) See Creuz. 265. 7) Cf. Liv. 2, 59 ; 
 
 Capit. Macrin. 12 ; described by Polyb. 6, 36. 8) Cf. Cic. de Off. 
 3, 30 ; Liv. 3, 28. 9, 4 and 6 and 15. 10, 36. 9) Cf. Ulp. Digg. 
 3, 2. 2, 2; Macer Digg. 49, 16. 13, 2. 10) Cf. Liv. 43, 14. 
 
 11) Cf. Iiirt. de B. A. 46 and 54. 
 
442 ROMAN ANTIQUITIES. [chap. vi. 
 
 CHAPTER THE SIXTH. 
 
 AGRICULTURE, TRADE, ARTS, COMMERCE, USU- 
 RY, NAVIGATION, MONEY, WEIGHTS AND 
 MEASURES, AND TAXES. 
 
 378. We have collected together in this the last 
 chapter of the first section several subjects which could 
 not conveniently have been placed under one head : as 
 they appear on an accurate investigation to belong 
 partly to public and partly to private life, we shall treat 
 of both kinds together, as it is our intention to take a 
 cursory survey of them; to treat of them as copiously as 
 their importance deserves, would neither suit the plan 
 of our work, nor does our time admit of it. 
 
 AGRICULTURE. 
 
 The ancient Romans lived not only almost but alto- 
 gether by agriculture, as we may learn from their 
 laws 1 , as well as from the instances of such men 
 as Quintus Cincinnatus, Atilius Serranus, and Atilius 
 Regulus 2 . But this pursuit, which was thought most 
 agreeable, while morals were yet uncorrupted, and 
 most worthy of the attention of noble men, fell into con- 
 tempt when the unadorned farms of the ancients were 
 supplanted by the sumptuous villas of men corrupted 
 by riches, who sought in them a refuge from the tur- 
 moil of the city. Yet even then some were found so 
 attached to agricultural pursuits, that they did not dis- 
 dain the cultivation of their farms, and have in their 
 
sect. 379.] ROMAN ANTIQUITIES. 443 
 
 writings thoroughly treated of agriculture 3 . When the 
 civil wars had consumed the children of the rural popu- 
 lation, and drained the farms of their cultivators, when 
 the soil of Italy was monopolized by a few proprietors 
 and its soil cultivated by slaves only 4 , as was the case 
 at the close of the Republic, the country was deserted, 
 its inhabitants thronging into Rome and the large towns ; 
 for which evil the emperors in vain sought a remedy 5 . 
 We have besides remarked elsewhere that a great part 
 of the soil, not only in the provinces but also in Italy, 
 was the property of the state ( 252) ; whence there was 
 to be found in the colonies a numerous tribe of citizens 
 employed as farmers, ploughmen, and herds, who were 
 engaged under contract by the knights who farmed 
 these lands ( 251). 
 
 1) Cf. F. Binkes " de agriculture prae mercatura apud Romanos 
 favore," cap. 2. p. 44. Several of the names of Roman families are 
 evidently derived from rural occupations, etc. (v. 492), and may 
 reasonably be supposed to confirm this opinion. 2) Cf. Colum. 
 
 praef. Cic. pro Rose. Am. 18 ; Hor. Od. 1, 12, 41. 3) Cf. Varro 
 de R. R.prsef. 4) Cf. Colum. 1, 7 and 8. 5) Cf. Suet. Aug. 
 42; Caes. 42; Appian. B. C. 1, 7, sqq. ; Beauf. vol. 2. p. 131. 
 6) Cf. Cic. Agr. 2, 31 ; Verr. 2, 3. pro Font. 1, 16. 
 
 379. The Romans usually sowed their fields every 
 other year 1 ; of grains, they grew wheat, of which they 
 had different species, far (ador, far adoreum), and 
 siligo 2 , barley, oats, and flax. Among their leguminous 
 plants were beans, peas, cicer, the kidney-bean, pha- 
 selus, and lentiles. Their tools, arma 3 , for cultivating 
 their fields, were the spade, ligo ; the rake or harrow, 
 rastrum; the fork, bidens; the hoe, sarculum or occa, 
 whence occare; and the plough, the parts of which 
 were temo the beam, stiva the handle (also called mani- 
 cida), buris the plough-tail, (as if poos ovpa,) vomer 
 the share, dentale the wood into which the share 
 was fitted, cutter the coulter or knife, rulla an instru- 
 ment used for cleaning the cutter ; for threshing, tri- 
 
444 ROMAN ANTIQUITIES. [chap. vi. 
 
 bula and traha drays, ventilabrum and vannus winnow- 
 ing machines 5 ; area was the threshing floor; horrea, 
 barns for storing corn. 
 
 When Rome was in its splendour, the luxury and 
 skill shown in adorning private gardens were very great, 
 and many celebrated gardens are mentioned by writers* 
 as those of Lucullus, Ovid, and Sallust ; and the culti- 
 vation of vegetables, olus, olera, and fruit trees, was no 
 less attended to The methods still in use of budding, 
 inoculatio 6 , and grafting, insitio, were also then em- 
 ployed for improving the nature of fruits ; and the 
 method of cultivating vines and training them to trees 7 , 
 {ulmis adjungere, maritare populos,Hor. Epod. II. 10.) 
 was practised as at present. The cultivation of vine- 
 yards was at first limited, afterwards it became very 
 prevalent. 
 
 1) Cf. Virg. G. 1. 71. 2) Cf. Colum. 2, 6; Plin. 18, 7 ; 
 
 Juven. 6, 471. 3) Virg. G. 1, 160. 4) Cf. Colum. 2, 21, 4 ; 
 Plin. 18, 30 ; Varro de R. R. 1, 52 : " Id (tribulum) fit e tabula 
 lapidibus aut ferro asperata : quae imposito auriga, aut pondere 
 grandi, trahitur jumeutis junctis, ut discutiat e spica grana : aut ex 
 assibus dentatis cum orbiculis, quod vocant plostellum poenicum," 
 etc. 5) Cf. Virg. G. 3, 133. 6) Cf. Colum. lib. de Cultu 
 
 Hort ; Pallad. lib. de Insit. ; Virg. G. 2, 73 : " Nee modus inserere 
 atque oculos imponere simplex," etc. lb. 69* " Inseritur vero et 
 fcetu nucis arbutus horrida ; et steriles platani malos gessere valen- 
 tes ; castaneae fagus, ornusque incanuit albo flore pyri, glandemque 
 sues fregere sub ulmis." 7) Cf. Virg. G. 1, 2 ; Juven. 8, 78 ; 
 
 Hor. Ep. 1, 16, 3. 
 
 TRADES AND CRAFTS. 
 
 380. Manufactures and mechanical arts were held as 
 dishonourable by the Romans, as agriculture was honour- 
 able ; hence slaves, foreigners, or none but the lowest 
 citizens practised them 1 . However, there was a vast 
 number of artisans, opifices, at Rome, as in all great 
 cities abounding with a poor population, who, even 
 under the kings, were divided into companies 2 , collegia; 
 
sect. 381.] ROMAN ANTIQUITIES. 445 
 
 whence collegiatus one free of any company, as the 
 company of smiths 3 , braziers, etc., even of flute-players 
 tibicinum. These companies of artisans, forming clubs 
 and unions, sodalitia, conventicula* or hetcerice, still 
 found even in smaller cities, though in many places 
 abolished and suppressed, had great power in disturbing 
 the public peace at Rome, as the history of Marius 
 and Saturninus shows 5 ; their outrages were frequently 
 restrained by law. 
 
 Collegia religiosa, such as the colleges of augurs, 
 and political bodies 6 or clubs, must be distinguished 
 from the collegia opificum. Police officers, and the 
 constables attached to magistrates ( 217 and 493), were 
 also men of the lowest orders, as was to be expected in 
 a state where all servitude was dishonourable. We 
 shall mention merchants hereafter ; among them 
 the most vile were slave-dealers, mangones ; brokers, 
 cerdones ; publicans, caupones ; and also lenones. 
 We have already stated that actors were held in con- 
 tempt, and gladiators as infamous ( 352), The secre- 
 taries of the treasury, tribuni cerarii, were accounted 
 honourable 7 ; and other secretaries, scribce 8 , collectors 
 of taxes, publicani, etc., held a middle rank between men 
 of the equestrian rank and private individuals without 
 rank. 
 
 1) Cf. Dionys. 2, 28. 6, 53. 9,25 : OuScvl yap Iffy 'Vu^aiuv oifrc 
 Kain)\ov ofrre x* l P 0T *X vr l v & ov *X IV > 2) Cf. Flor. 1,6: Cic. pro 
 
 Sext. 14 ; in Pis. 4 , pro Domo, 28 ; Sigon. de Ant. Jure Civ. Rom. 
 2, 12 ; Beauf. vol. 2. p. 133. 3) Cf. Wacht. Archaeol. Num. 
 
 p. 111. 4) Cic. 1. c. 5) Cf. Cic. Post Red. in s. 13 ; A. Q. 4, 
 47 ; ad Q. Fr. 2, 3 ; Suet. Cses. 42 ; Aug. 32 ; Plin. Ep. 10, 42 and 
 43 and 97. G) Cf. Creuz. 148. 7) Cf. Cic. Cat. 4, 7 ; pro 
 
 Plane. 8. 8) Cf. Cic. pro Dej. 28 ; Cat. 4, 7 : cf. Nep. Eum. 1. 
 
 381. The testimonies of ancient writers, as of Plautus, 
 prove that trades and arts were as various and nume- 
 rous in Rome as in any modern large city, and that 
 tradesmen and artisans carried their respective trades 
 
446 ROMAN ANTIQUITIES. [chap. iv. 
 
 to as high a perfection ; for instance, in dress and 
 women's ornaments in particular, and in cookery; in 
 fact, in all that ministered to the luxuries and enjoyments 
 of life; and this is confirmed by the relics still in exist- 
 ence of ancient manufactures, and of the furniture of 
 the richer classes. But to treat of each would be a 
 vast undertaking, and not within the scope of my plan, 
 though it may justly be expected of a writer on antiqui- 
 ties. Such a treatise, however, though it would exer- 
 cise the ingenuity of a man even of great penetration, 
 would contain many things of doubtful construction and 
 little moment : and there are other subjects, of as diffi- 
 cult explanation, much worthier of attention, such as 
 the manufacture of woollen articles, lanificium (lanam 
 facere, i. e. tractare), which we must touch upon, as it 
 is frequently mentioned in the poets ; it was practised at 
 Rome formerly, according to the custom of early nations, 
 by women, and was the useful and honourable occu- 
 pation of the daughters and female servants of matrons ; 
 it was afterwards scorned, and abandoned to captives 
 and slaves 1 . 
 
 1) Cf. Liv. 1, 57 ; Suet. Aug. 64 and 73 ; Ovid. Fast. 2, 741 ; 
 Hor. Od. 3, 27, 64. 
 
 382. Wool l was prepared 2 for spinning by carding, 
 carminatio, carere lanam, linum 3 ; the portion that was 
 assigned to women servants as a day's work was styled 
 pensum 4 , and hence the expressions pensum facere, 
 carpere, trahere or devolvere 5 . The instruments of 
 the spinner 6 were coins, the distaff, zndfusus, the spin- 
 dle, on which was wound the thread made ; and the 
 technical expressions applied to the employment, jila 
 ducere, stamina ducere 1 , trahere 8 , devolvere, torquere, 
 fusum versare. The instruments of weaving 9 : jugum, 
 the beam, called also sometimes tela 10 ; arundo (see the 
 note) ; radius, the shuttle ; and pecten, whose use will be 
 
sect. 382.] ROMAN ANTIQUITIES. 447 
 
 described n . The arundo separated the threads, licia, 
 which were fastened on the beam, into an upper and 
 lower layer ; a thread termed subtemen was then intro- 
 duced between them by means of the shuttle 12 ; when 
 thus inserted, these transverse threads were compressed 
 by the pecten, whose teeth were passed through the 
 licia, or threads dependent from the beam. The shuttle 
 then again introduced another thread between the two 
 layers kept open by the insertion of the arundo. We 
 learn distinctly from many passages in writers, that va- 
 rious kinds of weaving were practised in perfection 
 among the nations of the East : we are not now inquir- 
 ing what improvements the Romans introduced into the 
 art. The art of weaving figures 13 in the web, invented 
 and brought to perfection in Asia 14 , differs from the 
 common method, by which were made aulcea 15 , pictce. 
 vestes. Cloths embroidered with the needle, acu 
 pictce 16 , are to be distinguished from the woven varie- 
 gated cloths. 
 
 1) Ovid. Met. 6, 19: 
 
 Sivc rudera primos lanam glomerabat in orbes ; 
 
 Seu digitis subigebat opus, repetitaque longo 
 
 Vellera mollibat nebulas aequantia tractu ; 
 
 Sive levem tereti versabat pollice fusum. 
 2) Cf. Varro de L. L. 6. p. 75. 3) Cf. Plin. 9, 38. 19, 1. 4) Cf. 
 Schneid. lex. in ra\d<rios. 5) Cf. Virg. iEn. 8, 412. G. 1, 390. 
 
 4, 348 ; Tib. 2, 2, 9. 6) Cat. 64, 311, 
 
 iEternumque manus carpebant rite laborem. 
 
 Lseva colum molli lana retinebat amictum : 
 
 Dextera turn leviter deducens fila supinis 
 
 Formabat digitis, turn prono in pollice torquens 
 
 Libratum tereti versabat turbine fusum ; 
 
 Atque ita decerpens sequabat semper opus dens, 
 
 Laneaque aridulis haerebant morsa labellis, 
 
 Quae prius in lsevi fuerant exstantia filo. 
 
 Ante pedes autem candentis mollia lanae 
 
 Vellera virgati custodibant calathisci. 
 7) Cf. Tib. 1, 3. 85, 7, 84 (see 6, 78), 2. 1, 63; Ovid. Met. 4, 34. 
 6, 22. 8) Cf. Ovid. Met. 4, 36; Cat. 64, 313 (hence Hor. Ep. 1, 
 225 ; "tenui deducta poematafilo," and similar expressions); Tib. 
 1, 6, 78 : " ducit inops tremula stamina torta manu." 
 
448 ROMAN ANTIQUITIES. [chai>. vi. 
 
 9) Ovid. Met. 6, 54, 
 
 Et gracili geminas intendunt stamine telas. 
 Tela jugo juncta est, stamen secernit arundo ; 
 Inseritur medium radiis subtemen acutis, 
 Quod digiti expediunt, atque inter stamina ductum 
 Percusso feriunt insecti pectine (?) dentes. 
 Lucret. 5, 1350 : 
 
 Nexilis ante fuit vestis, quam textile tegmen : 
 Textile post ferrum est ; quia ferro tela parantur ; 
 Nee ratione alia possunt tam laevia gigni 
 Insilia (?), ac fusi, et radii, scapique sonantes. 
 10) See Ovid. Met. 6, 576 ; cf. Virg. G. 1, 285; Tib. 1, 6, 79 : 
 " lirmaque conductis adnectit licia telis :" cf. " stans tela," Ovid. 
 Met. 4, 275; Fast. 3, 819; cf. Schneid. lex. in Ms. 11) Cf. 
 
 Ovid. Fast. 3, 820 : " rarum pectine denset opus." 12) See Ovid. 
 Met. 6, 55. Voss seems not to have noticed this use of the pecten, 
 at least he confounds in his note on Virg. Georg. 1, 294, the pecten 
 with the arundo of Ovid. In fact, the only use of the pecten was 
 to condense the web, tela, by striking the threads of the warp, sub- 
 temen; and if this were the same as the arundo, we must under- 
 stand two pect'mes in the description by Ovid, which would be ab- 
 surd. The form and method of using the arundo I leave others to 
 decide : yet I imagine that the radii scapique sonantes of Lucretius 
 are nothing more than the pecten. Cf. Virg. ^En. 7, 14, and Georg. 
 1, 294 : " arguto percurrens pectine telas ;" and Tib. 2, 1, 66 ; " ap- 
 plauso tela sonat latere," on which passage MSS. and commen- 
 tators differ. From the passage of Lucretius, it seems that the 
 thread rolled round the shuttle was inserted into the warp, subtemen, 
 as practised now; but this is not applicable to every kind of weav- 
 ing, nor to many passages of authors. The passage in Virg. Georg. 
 1, 294, " arguto percurrens pectine telas," seems equivalent to, and 
 borrowed from Homer's larhv eiroixopivT) KepitiSi, Od. 5, 62. Consult 
 Schneider on /cep/ci'y, who thinks it was the pecten and radius both, 
 yet understands it to stand for <nr&Q7). Od. 5, 62. II. 22, 448. It is 
 certain that radio percurrere is not the same thing as pectine per- 
 currere ; and Ovid draws a distinction between them. Cf. Epigr. 
 Antipatri ; Anthol. 6, 8, 15. Bosch's edit. vol. 3. p. 1 12. 13) Vida 
 thus touches on this subject, Bomb. 1,2: 
 
 Quin etiam varios tenui subtegmine pingunt 
 Nexilibus flores hederis, sylvasque virentes, 
 Pomaque, graminaque, etcervos capreasque fugaces. 
 14) Cf. Ovid. Met. 6, 66, sqq. 15) Cf. Horn. II. 3, 125; Eur. 
 
 Ion. 1160 ; Prop. 2, 32, 12 ; Virg. G. 3, 25. 16) Cf. Ovid. Met. 
 6,23; Cic. Tusc. Q. 5,21. 
 
 COMMERCE, USURY, NAVIGATION. 
 
 383. The remarks which I made on manufactures 
 will apply likewise to traffic ; in fact, the Roman taste 
 and disposition, and the constitution of the Republic, 
 
sect. 384.] ROMAN ANTIQUITIES. 449 
 
 were adapted to the pursuits of war, and adverse to 
 those of commerce. These are seldom found flourish- 
 ing together ; and nations who have distinguished them- 
 selves in both, in ancient times, are found to have em- 
 ployed mercenary troops, to which the Romans were 
 very adverse. Therefore dealing and trafficking were 
 on a narrow scale, and left to men of the lowest class S 
 On the other hand, mercantile pursuits on a larger 
 scale, negotia, whence negotiatio, negoiiatores 2 , al- 
 though forbidden to senators and not held honourable, 
 were not discreditable. Men of the rank of equites, 
 towards the close of the Republic, generally practised 
 them in the provinces, and were also the farmers of the 
 taxes ( 251), and contractors for public works, and also 
 public bankers, argentarii. Merchants formed them- 
 selves into companies, collegia as well as artisans ; hence 
 the terms mercuriales and capitolini 3 . 
 
 1) Cf. Cic. Off. 1, 42 ; Cato. R. R. init. ; Dionys. supra $ 380. 
 2) Cic. Verr. 2, 77. pro Plane. 26. 3) Cf. Cic. ad Q. Fr. 2, 5 ; 
 Liv. 2, 27. 5, 50. 
 
 384. We collect from Livy that there were bankers, 
 argentarii, at Rome in the time of the kings ; they 
 are also termed mensarii, from their desk, mensa, and 
 were different from the numularii ( 215), money- 
 changers ; the bankers' offices were called tabernce ar- 
 gentarice * : for, a city frequented by strangers, and po- 
 pulous as it was, could not well be without men who 
 changed foreign money, and this seems to have been 
 their origin ( 216) 2 . Afterwards they came to lend 
 money on interest 3 , whence the trade grew to be 
 thought dishonourable 4 . Sales by auction also took 
 place at their shops in the forum ; and being employed 
 in contracts between individuals, they acted as notaries 
 do now 5 . 
 
 We have elsewhere ( 134 and 399) adverted to the 
 evils that sprung from usury, one of the earliest vices of 
 the Romans, and the source of public and private cala- 
 
 G g 
 
450 ROMAN ANTIQUITIES. [chap. vi. 
 
 mities. Beaufort vol. ii. p. 418, sqq., has briefly, but 
 eloquently treated this important subject. Tacitus 6 
 informs us that the rate of interest was formerly arbi- 
 trary, and very high. Beaufort thinks twelve per cent. 
 centesima sortis, capitis, (of the principal) per mensem. 
 Legal interest was afterwards fixed at one per cent, 
 per annum, either by the laws of the XII Tables ?, 
 or, as Beaufort supposes 8 , by the Lex Duillia (A. U. C. 
 397). This was called usura unciaria, an ounce being 
 paid monthly for every hundred asses (ounces at that 
 time) 9 . This law was eluded by the fraudulent custom 
 of creditors, who made over the principal to foreigners, 
 substituting them as creditors for the loan : when this 
 was discovered, lending on interest was altogether made 
 illegal, A. U. C. 411. Thus the poor man's welfare 
 was neglected; for being obliged to enter into condi- 
 tions forbidden by the law, in order to raise money, 
 when called on for payment he threw himself on the pro- 
 tection of the law which he had violated ; hence arose 
 endless lawsuits, and great difficulty in administering 
 the law: at length, through neglect of it and the 
 accumulation of debt, seditions, fomented and excited 
 by the tribunes of the people, and finally, an abolish- 
 ment of all debts, tabulae nonce, a remedy more injurious 
 than the evil itself, ensued ( 73). The Romans, like 
 the Greeks, were accustomed to reckon interest by the 
 month 9 , and it was paid on the calends, as among the 
 Greeks on the day of the new moon 10 . Hence usurers' 
 books, tabulae or libri, were called calendaria, contain- 
 ing the per centage of the money lent, and the cre- 
 ditors' names, together with an account of the principal, 
 sors vel caput. These calendaria contained not only 
 private accounts 11 , but some, of course, the public 
 debt. The curatores calendarii, whom we mentioned 
 among inferior public officers ( 215), undoubtedly were 
 employed in the accounts of the public debt as well as 
 the direction of loans on interest. 
 
sect. 385.] ROMAN ANTIQUITIES. 451 
 
 1) Cf. Liv. 26, 11. 2) Cf. 1, 35. 26, 11. 3) Cf. Hor. Sat. 
 2, 5, 69 ; ibiq. Heind. ; Suet. Nero 5. 4) Cf. Cic. Off. 1, 42. 
 
 5) Cf. Quint. Inst. Orat. 11, 2. 6) Tac.Ann. 6, 16. 7) Tac. ib. 
 8) See Liv. 7, 16. 9) The technical expressions were sors caput, 
 the principal ; Jamus, usura, merces, interest ; pecuniam ponere, in 
 foenere pcmere, collocare, occupare, to lay out money at interest ; pe 
 cunium relegere, to gather in principal let out ; usura quadrantes, four 
 per cent. ; trientes, three per cent. ; semisses, one half per cent. ; cf. 
 Cic. ad Att. 4, 15; Pers. 5, 149. 10) Cf. Hor. Sat. 1, 3, 87, 
 
 " miserse calendae ;" and Ep. 2, 69, " omnem relegit Idibus pecu- 
 niam; queerit calendis ponere." 11) Sen. Ep. 87 ; " divitem 
 ilium putas quia magnus calendarii liber volvitur :" id. Ep. 14, 
 " dum de incremento cogitat, oblitus est usus, rationes accipit, forum 
 content, calendarium versat, fit ex domino procurator ;" cf. id. de 
 Ben. 1, 2. 7, 10; Mart. 8, 44, 11, " centum explicentur paginse 
 calendarum." It occurs also in Digg., as in 26, 7, 39. 8. loc. 
 Papin., "pecuniam in calendarium pupilli convertit;" and 32,64, 
 loc. Africani, " certa praedia nepoti per fideicommissum dederat, 
 excepto calendario." 
 
 385. Considering what has been said on commerce, 
 we shall not wonder that the Romans took so little 
 care in providing accommodation for shipping, and ren- 
 dering their city as flourishing in commerce as it was 
 powerful in arms ; though the situation of Italy and of 
 Rome itself ought to have incited them to it. The har- 
 bour of Ostia, constructed by Ancus Martius, was early 
 provided for this purpose ; he also allotted some forests 
 for ship-building K Yet neither does this king, intent, 
 like the rest, with the exception of Numa, on war, seem 
 to have formed any plan for extending commerce. 
 During the Republic and the continual wars with 
 neighbouring states, we cannot suppose that greater 
 attention was paid to it, yet some treaties entered into 
 with the Carthaginians for the protection of commerce 2 
 prove that it was not altogether neglected ; of these, 
 the earliest dates from the first year after the expulsion 
 of the kings 3 , and the latest, A. U. C. 473. 
 
 We have already distinguished ( 373) merchant-ves- 
 sels from ships of war by the name of naves onerarice ; 
 they were deeper and fuller than ships of war, and ge- 
 nerally were moved by sails, not by oars. We may 
 
 Gg2 
 
452 ROMAN ANTIQUITIES. [chap, vi 
 
 here mention the parts and fitting up of ships : carina, 
 the keel ; statumina, the floor or futtocks ; prora, the 
 stem ; puppis, the stern ; alveus, the hold ; sentina, the 
 well of the pump ; saburra, the ballast ; tabulation, the 
 deck; aplustrum*, the flag or streamer: the ship's 
 sign, (irapdar}fJLov,) was carried on the stern, generally 
 the figure of some god 5 or animal (equivalent to the 
 ship's name). The statue of the god 6 or hero under whose 
 auspices the ship sailed was placed at the head ; other 
 parts were transtra, benches; scalmi, (rowlocks?); toge- 
 ther with oars ; rudentes, cables ; funes, ropes ; mains, 
 the mast ; antennce, the yards ; vela, sails ; pes veli, the 
 rope at the corner of the sail, called the sheet ; clavus, 
 the rudder ; gubernaculum, the helm or tiller ; anchora, 
 the anchor. 
 
 1) Cf. Dionys. Hal. 3, 44. 2) See Heyne Opusc. Acad. v. 3. 
 3) Cf. Beauf. sur Vlncert. p. 1. c. 3. 4) Cf. Juven. 10, 136. 
 
 5) Cf. Virg. iEn. 5, 116. 6) Cf. Ovid. Heroid. 16, 113 ; Trist. 
 1, 3, 109. 
 
 COINS, WEIGHTS, AND MEASURES. 
 
 386. As elsewhere in early times, so in Italy, com- 
 merce was carried on by the barter of commodities, 
 (whence the use of mutare, aXarieiv, for vendere 1 ,) or 
 by taking in exchange bullion of their value 2 ; whence 
 the early pound weight and coin were the same, as ; 
 or by bartering goods for cattle, then the principal 
 riches, whence the image of an ox came to be stamped 
 on money, and the word pecunia 3 itself to be so called 
 from pecus, cattle, their standard of value 4 , as many 
 suppose 5 . 
 
 The as, the first weight among the Romans, was di- 
 vided into twelve ounces, uncice, the ounce into eight 
 drachms 6 , and each drachm into three scruples, scru~ 
 pulce ; and the ounces in a pound were named and rec- 
 koned as follows: uncia, an ounce; two ounces, from 
 
sect 3870 ROMAN ANTIQUITIES. 453 
 
 their being the sixth of an as, sextans ; and for a simi- 
 lar reason three ounces were called quadrans ; four 
 ounces, triens; five, quincunx; six ounces, semis or 
 setnissis 7 ; that is, semi-as, half an as; seven ounces, sep~ 
 tunx ; eight ounces, bes 9 ; nine, dodrans; ten, dextans 
 or decunx ; eleven, deunx (de uncia) : the third part of an 
 ounce was called duella; the sixth, sextula; so that the 
 sextula 9 was the seventy-second part of the integral as. 
 The as and its aliquot parts are applied to several pur- 
 poses of calculation, and also to expressing the share of 
 property bequeathed to a person : as, hceres ex asse, 
 heir to the whole ; ex semisse, to half; ex semuncia, heir 
 to a twelfth ; ex dodrante, to three fourths; ex sextula 10 , 
 to a seventy-second part of the inheritance. 
 
 1) Cf. Virg. G. 3, 307. 2) Hinc pendere, expendere, pro sol- 
 
 vere, imumere, etc. 3) Cf. Colum. 1. 6. praef. 4) This is the 
 
 opinion of Stieglitz (Archaeol. Unterhalt.) ; yet we do not find the 
 figure of an ox, but the head of Janus, on the earliest Roman coins. 
 5) The word moneta has a different origin, viz. from the temple of 
 Juno Moneta (mint) ; there seems no reason to doubt that numus 
 comes from vS/xos, whence also comes vS/juana, numisma. 6) These 
 are Roman drachms ; the Attic was larger; some say it was equiva- 
 lent to six, others to somewhat between six and eight Roman ounces. 
 Cf. B. Van Laar. Dissert. Inaug. de Rom. Pond, et Mens. p. 15, 
 etc. 7) Semis, i. e. semias, half a pound; sesqui, one pound and a 
 half, seems formed from semisgue as, being understood. 8) Varro 
 de L. Lat. 4. p. 41 ; " bes ut olim des, dem, pro triente;" bes being 
 for bis des. But Scheller gives a different account of it. Bes 
 might even be supposed to stand for bis triens. 9) Varro de L. 
 L. 4. p. 40 ; Colum. 5, 1, 9. 10) Cf. Cic. ad Att. 7, 8. p. Crec. 
 
 extr. 
 
 387. The method of dividing the brass money 1 coined 
 by Servius Tullius 2 , (as libralis, ces, ces grave), was 
 similar. This coin at first weighed a pound, but at the 
 time of the first Punic war only two ounces; in the 
 second Punic war, one ounce; and soon afterwards, 
 only half an ounce. I find it stated that towards the 
 close of the Republic 3 , the as and its subdivisions were 
 no longer coined : its parts were the farthing, quadrans, 
 teruncius 4 , and triens 5 , the third part of it. Of silver 
 coins, the most common is the sestertius, that is, semis 
 
454 ROMAN ANTIQUITIES. [chap. vi. 
 
 tertius, three half asses ; hence it is marked II S or 
 L*L S, in which the letter S stands for semis, half an 
 as, and the double I or double L for two integral 
 pounds, librae. The quinarius was double the sester- 
 tius, the denarius four times as much, equal to the 
 drachma of the Greeks ; afterwards it was worth six- 
 teen asses 6 : this coin was also called bigatus or qua- 
 drigatus, from the bigce or quadrigae stamped on it. 
 A foreign coin called Victoriaius, from its bearing the 
 impress of Victory, was equal to the quinarius. The 
 golden coin was the aureus {^pvaivos, xpvaovs), which, 
 after the introduction of the semis and tremis, was dis- 
 tinguished by the name solidus, weighing six scruples, 
 and worth 100 sestertii' 1 . 
 
 The Greeks calculated large sums by talents, each 
 worth 60 mince, or 6000 drachmce ; the Romans ex- 
 pressed such sums by asses, or rather by sestertii or 
 sestertia, the sestertium (a weight) being equivalent to 
 1000 sestertii-, however some suppose that in express- 
 ing ten hundred thousand sestertii, or a greater 
 number, they omitted the word hundred, and used a 
 numeral adjective with the word sestertium; for in- 
 stance, decies sestertium, or X LLS, that is, ten hun- 
 dred sestertia, or ten hundred thousand sestertii 8 ; 
 frequently the sum intended is doubtful, or at least dif- 
 ficult to determine, particularly when sertertiis or ser- 
 tertium is used, it being impossible to distinguish whe- 
 ther sestertii or sestertia is used, as IIS C (Sallust. 
 Cat. 25); sometimes the word sestertius or sestertium 
 is omitted 9 . 
 
 1) Cf. Plin. 18, 3 : " Servius rex ovium boumque effigie primus 
 ses signavit." 2) Cf.Liv. 4, GO, 5, 12. 3) Stieglitz states the 
 last asses to have been coined in the time of Sextus Pompey : he 
 also states that under the Caesars, denarii mostly were coined, sel- 
 dom quinarii, and no sestertii. 4) Quadrante lavari, " Hor. Sat." 
 1, 3, 137 ; Juven. 6, 447. 5) Liv. 22, 10; Juven. 3, 267. 6) Cf. 
 Tac. Ann. 1, 17. 7) Leaden Roman pieces are also extant, on 
 
 which cf. Plaut. Cas. 2, 3, 40; Most. 4, 2, 11; Trin.4, 2, 120, and 
 
sect. 388.] ROMAN ANTIQUITIES. 455 
 
 Mart. 10, 74, 4; "centum merebor plumbeos dietoto;" see Pignor 
 de Serv. p. 248 : Stieglitz says they were not coin, and discusses 
 their use, mentioning several kinds of them. 8) " Sestertium millies 
 (Cic. de Off. 3, 24), 100,000,000, septies millies (Cic. Phil. 12, 5), 
 700,000,000; bis et vicies millies sestertium (Tac. Hist. 1, 20), 
 2200,000,000; sestertium quadringentes serario illatum est (Tac. 
 Ann. 13, 31), 40,000,000 ; II S vicies : Cic. ad Att. 4, 2, in ses- 
 tertio vicies (Nep. Att. 14), 2,000,000; Caesar centies sestertio 
 coenavit (Sen. de Cons. 9), 10,000,000." The method of com- 
 puting would be much simplified if it were agreed that sestertium 
 stood for 100,000 sestertii, in sums exceeding 1,000,000 sestertii ; 
 and thus viginti sestertia might stand for vicies sestertium. Cf. Mart. 
 1, 104, " decies millia centum." 9) " Decies millia centum" (Mart. 
 1, 104) i. e. sestertii, which might have been elsewhere difficult to 
 ascertain ; " Tusculanam villain quingentis millibus" (sc. cestima- 
 runt, Cic. ad Att. 4, 2) ; " quum lis ejus quater millibus aestimare- 
 tur," i. e. numis (Veil. 2, 8) ; "mullum sex millibus emit aequan- 
 tem sane paribus sestertia libris" (Juven. 4, 15) ; " decies centena" 
 (Hor. Sat. 1, 3, 15), i. e. sestertia ; " quadringenta" (Juven. 1, 
 106) ; "sume tibi decies" (Hor. Sat. 2, 3, 237), i. e. decies sestertium, 
 1,000,000; "decies solidum" (ib. v. 240) ; "plenum vicies" (Mart. 
 1, 100); " millies" (ib.) 
 
 388. Measures borrowed from the length of parts of 
 the body, were employed by the Romans, as by other 
 people, for measures of length. The foot, pes, con- 
 taining four palms, palmce, or twelve inches ; pollices, 
 or sixteen finger's breadths, digiti : it was, however, 
 also called as, as being the integer, and divided into 
 twelfths, uncice. The cubit, a foot and a half; passus, 
 a pace, five feet; one hundred and twenty-five paces 
 one stadium, and eight stadia one mile 1 , milliarium. 
 We have already mentioned that on the roads, mile- 
 stones were placed at this distance apart, called mil- 
 liarii ( 48). The acre, jugerum, was a superficial 
 measure of one hundred and twenty feet in breadth 
 and two hundred and forty in length, also divided as 
 an integer, as, into its parts, as sextula, jugeri, scru- 
 pulum jugeri : half an acre was called actus 2 . 
 
 Measures of liquids were the amphora or quadrantal, 
 of the capacity of a cubic foot, and held two urnce, or 
 eight congii; the congius held six sextarii, the sexta- 
 rius two hemince, or four quartarice, or eight acetabula, 
 
456 ROMAN ANTIQUITIES. [chap. vi. 
 
 or twelve cyathi 3 . The modius, bushel, was the most 
 usual measure for dry goods, and held ninety-six sex- 
 tarii, and was equivalent to the sixth of an attic me- 
 dimnus of forty-eight chcenicce. 
 
 1) Cf. Colum. 5, 1. 2) Cf. Colum. 1. c. 3) Cf. Hor. 
 
 Sat. 1, 1, 54. 
 
 OF THE REVENUE. 
 
 386. In the earliest times it appears that the public 
 expenses at Rome were defrayed by a poll-tax, tributum 
 capitis (cf. 144, 145); any other revenue arose from 
 the rent of public lands ; but Servius Tullius intro- 
 duced a property-tax 1 , proportional to every one's 
 income, census, though the poll-tax, I think, was also 
 continued ( 145). The tax on property varied according 
 to the necessities of the state, and in cases of extreme 
 need, recourse was had to extraordinary taxes, teme- 
 raria 2 . In like manner, afterwards, allies and pro- 
 vinces; the former by the conditions of treaties, the 
 latter by the will of the conquerors, paid tribute to the 
 Roman people ; some a poll-tax, others a property- 
 tax, and some perhaps both 3 : but the taxes were re- 
 mitted to Roman citizens from the time of the conquest 
 of Macedonia, anno 586, to the consulship of Hirtius 
 and Pansa 4 . 
 
 1) See Hegew. p. 49. 2) Cf. Liv. 26, 35 and 36 ; Fest. in 
 
 tributorum. 3) Cf. Liv. 45, 29 ; Dionys. 3, 60. 4, 52 ; Tac. 
 
 Ann. 13, 51 : see Hegew. p. 66. 4) See Cic. de Off. 2, 22. 
 
 390. The revenue arising from duties, vectigalia, 
 which the name leads us to suppose were levied only on 
 imported goods, (vecta from veho), were far more pro- 
 ductive than the former : the term vectigal, however, is 
 applied to all kinds of public income, but seldom, or at 
 least less properly, to the poll-tax and property-tax, 
 tributum capitis, ex censu. The usual expressions ap- 
 
sect. 391.] ROMAN ANTIQUITIES. 457 
 
 plied to taxation are vectigal imponere, to lay a tax on ; 
 vender e 3 locare, to sell or let tolls ; redimere, to farm 
 them, etc. Among the ordinary taxes, gradually intro- 
 duced as the empire extended itself, are mentioned 
 taxes on public lands, comprising pastures, and woods 
 adapted to grazing cattle, a tax called from the account- 
 book in which it was entered scriptura 1 ; portoria, 
 harbour-dues (derived either from porto or portus), 
 levied in harbours, on the frontier, and at fords and 
 bridges, to be paid in kind 2 ; whence the terms portorium 
 maritimum, vini, pontis 3 , etc. On the expulsion of the 
 kings, this tax was diminished or abolished, but certainly 
 restored 4 afterwards; it was abolished in Italy, how- 
 ever, A. U. C. 693 5 , and partly restored by Julius 
 Caesar 6 ; also duties on mines, principally collected in 
 Spain, Illyria, Macedonia, and Africa 7; and on salt 8 : 
 the duty of one-twentieth of the value of enfranchised 
 slaves 9 , called aurum vicesimarium ( 60) : besides the 
 sums arising from money forfeited to sacred uses 
 (271 a ), sacr amenta ; and those arising from fines 10 , 
 and from the property of the proscribed, or property 
 forfeited to the state on other accounts, and from the 
 plunder of enemies, which in early times surpassed all 
 other sources of income in amount. This was the state 
 of the revenue during the Republic. 
 
 1) Cf. Burm. de Vectig. pop. Rom. c. 4. 2) See Burm. c. 5. 
 3) Cf. Cic. pro Font. 5. in Pis. 36. 4) See Liv. 2, 9. 40, 51 ; 
 
 Vel. 2, 6. 5) Cf. Dio Cass. 37, 51. 6) Suet. Caes. 43. 
 
 7) Cf. Liv. 45, 18 ; Plin. H. N. 33, 6. 8) Cf. Liv. 1, 33. 2, 9. 
 
 9) Cf. Liv. 8, 16. 27, 10; Cic. ad Att. 11, 16. 10) Cf. Liv. 10, 
 23. 31, 50. 
 
 391. New taxes were introduced or old ones rein- 
 forced by Augustus; such as an eighth or a fortieth 1 
 levied on goods imported into Italy or into Rome ; a 
 hundredth levied on goods exposed for sale in the 
 forum or at auctions, a tax varying 2 according to the 
 kind of things sold, and for other reasons ; a twenty- 
 
458 ROMAN ANTIQUITIES. [chap. vi. 
 
 fifth part of the value of slaves sold 3 ; a twentieth part 
 of legacies when the legacy exceeded a certain sum, 
 paid by the legatee, unless he was a son or grandson 4 : 
 these taxes were the emperor's, and paid into his ex- 
 chequer 5 (Jiscus), res fisci est. Juv. 4, 55. Augustus 
 also enriched the public treasury, cerarium, by levying 
 fines on bachelors, and confiscating any property be- 
 queathed to them, or to which they were legal heirs 6 , 
 to the public fund; and also allotted to the public 
 service all property that became escheat by lack of 
 heirs and legal owners ( 101) ; by enacting the lex 
 Julia and Papia Poppsea. Under the Caesars, who 
 succeeded him, the Jiscus was increased by the shame- 
 ful operation of the lex Majestatis, law of high-treason, 
 by vexatious and numerous charges against the rich, 
 and by confiscating property ( 264). Many taxes also 
 were imposed ; among the most abominable, the vectigal 
 urince. The most iniquitous taxes were those invented 
 towards the decline of the empire ; among which were 
 the chrysargyrum or lustralis collatio, and particularly 
 the indictio, which will be explained in the next para- 
 graph. 
 
 1) Tac. Ann. 13, 51: "Manet tamen abolitio quadragesimae 
 quinquagesimaeque, et quae alia exactiouibus illicitis nomina publi- 
 cani invenerant." Cf. Plin. 6,23. 12, 18 ; Burm. p. 62, sqq. ; Hegew. 
 p. 196. 2) Cf. Tac. Ann. 1, 78. 2, 42 ; Suet. Cal. 16 ; see Burm. 
 p. 68, sqq. 3) Cf. Tac. Ann. 13,31 : " Remissum specie magis, 
 quam vi ; quia, quum venditor pendere juberetur, in partem pretii 
 emtoribus accrescebat." 4) Dio Cass. 55, 24. 56, 28 ; cf. Plin. 
 
 Ep. 7, 14 ; Paneg. 37 ; Burm. c. 11 ; Hegew. p. 199. 5) Con- 
 cerning the aurum coronarium, see 250. 6) See Dio Cass. 55, 
 15. 56, 1-10 ; Tac. Ann. 3, 25 and 28 ; Caj. 2, 111 and 144 ; Hor. 
 C. S. 17. 
 
 392. The indictio, introduced, as it is thought, by 
 Diocletian, was in full operation under Constantine, 
 and was a tax on property, paid yearly : the value of 
 all farms, cattle, and slaves, was assessed by censitores, 
 assessors, as in the census under Servius Tullius, and 
 this valuation was repeated every fifteenth year, and 
 
sect. 393.] ROMAN ANTIQUITIES. 459 
 
 the tax paid by every one every year according to that 
 valuation. The total amount of all the property and 
 capital in every province, the nominal worth of its in- 
 habitants, was divided into portions, of which one was 
 assigned to each of its principal divisions, and this por- 
 tion subdivided and distributed among its subdivisions ; 
 these portions again among its towns, villages, and, 
 finally, individual inhabitants, (collatores, subscribers), 
 in proportion, however, to every one's property. The 
 whole sum exacted of the entire province was thus made 
 up by the shares contributed by each portion from the 
 taxes levied on each individual : those employed in col- 
 lecting it, etc. were called tabularii, exactores, suscep- 
 tores, ponder atores, mensores, etc. The tribute itself 
 was fixed by an edict of the emperor, issued in the 
 autumn of every year ; it was called indictio, from indi- 
 cere; and this word thus came to be applied to a space 
 of fifteen years, and is thus used in the Julian period l . 
 The lustralis collatio, also called canon aurarius 2 , 
 and auraria pensitatio 3 , or simply auraria 4 , or distin- 
 guished by the Greek word chrysargyrum, was termed 
 lustralis, from lustrum, though collected every fourth, 
 not fifth year ( 145); it was a tax oh all who received 
 wages or salary, qui pecuniam in conversatione habe- 
 bant, including artisans and shopkeepers, excepting 
 only those who earned their livelihood by the work of 
 their hands, qui manu vitam rimantur ; levied also on 
 the wages of prostitution 5 . 
 
 1) See Hegew. p. 273, sqq. 2) Cod. Just. X. 47, 10. 3) lb. 
 XI. 61, 2. 4) Cod. Theod. XII. 6, 29. 5) See Zos. 2, 38 ; 
 
 Euagr. 3, 40 ; Lyd. 3, 47 ; Burra. p. 206. 
 
 393. It was customary for the censors to let out to 
 bidders 1 the ordinary taxes which we have before 
 mentioned, on the calends of March every fifth year, 
 the auction being held in the forum, hasta in foro 
 posita 2 ; to which custom hastarium is applied, and the 
 
460 ROMAN ANTIQUITIES. [chap. vi. 
 
 censor's books were called tabulce or leges censorice 3 ; 
 the privilege of farming them vested in the equestrian 
 order ( 137 and 251). They, therefore, divided into 
 companies, collected them through their agents, publi- 
 canorum magistri, scriptures magistri, portus magistri, 
 called portitores, operce scripturarii*, etc. paying a set 
 price to the treasury, of the same amount as the total 
 revenues were expected to furnish, and which was de- 
 termined by the quaestors under the direction of the 
 senate. The various internal and external causes of 
 fluctuation in public affairs necessarily at times affected 
 the treasury; and yet during the Republic, these em- 
 barrassments were more easily remedied than under the 
 emperors, when the expenditure and taxes were im- 
 mensely increased, the provinces exhausted, and the 
 custom of purchasing peace of the barbarians, the little 
 plunder, if any, from conquered nations, and the decay 
 of patriotism, involved the treasury in continual embar- 
 rassments, the severest calamities of the empire. 
 
 The right of imposing taxes and the administration 
 of the treasury (to which the qucestores regum belonged 
 ( 21 1), which may be said properly to have been ap- 
 propriated to themselves by the kings, were afterwards 
 altogether transferred to the decision of the senate 5 , 
 and, under the emperors, the imposition of them and 
 their appropriation were, for form sake, left to the 
 senate. Yet a new treasury was founded by Augustus, 
 to be confined to military expenses, the administration 
 and appropriation of its funds depending on the will of 
 the emperor, while the senate assigned the amount of 
 funds paid into it : this, under the name of cerariumjisci, 
 gradually came to be the private fund of the emperors, 
 and at length, the former altogether disappearing, all 
 the revenues of the state were appropriated to their 
 private fund, Jiscus, from Jtscello, Jlscina 6 , a bag or 
 purse. 
 
sect. 394.] ROMAN ANTIQUITIES. 461 
 
 1) See Liv. 43, 16; Hegew. p. 93, sqq. 2) Cf. Ovid, de P. 
 
 4, 9, 45 : " Nunc longi reditus hastae supponere lustriCernet, etexacta 
 cuncta locare fide." These remarks apply to the times of the em- 
 perors, when the consuls had been charged with the letting of them. 
 3) Cf. Cic. Verr. 1, 55. 3, 7. 4) Cf. Cic. Verr. 2, 70, sqq. 
 
 5) Cf. Polyb. 6, 13, 15 and 17 ; Liv. 45, 18. 6) Cf. Tac. Ann. 
 1, 37 ; Cic. Verr. 3, 85 ; ad Q. Fr. 3, 4. 
 
 394. We shall here add a few remarks concerning 
 the public expenses, to the account of the taxes, as they 
 mutually infer one another 1 . These expenses were at 
 first small, while the state was of small extent, and 
 among the earliest and first must be placed those re- 
 quired for public works and the service of religion 2 . 
 We perceive that their idolatrous worship was of con- 
 siderable splendour even while the resources of Rome 
 were small, from the numerous temples dedicated, even 
 under the kings, to a host of divinities, as well as from 
 the institution of orders of priesthood, the frequent 
 sacrifices, games (331), and sumptuous feasts 3 . And, 
 besides temples, buildings for various purposes, and 
 public works ( 50), were erected; among the more ex- 
 tensive of which were the fortifications of the Capitoline 
 hill and the Capitol, the Circus Maximus, the stone walls 
 of the city, the public sewers and aqueducts. Other 
 expenses were those of war, which were but light, 
 whilst the soldier found his own arms, and partly main- 
 tained himself, and the treasury furnished nothing but 
 horses to the cavalry, and money or rather annona 
 ( 364 and 374), a yearly allowance of food, to the sol- 
 dier ; the sustenance of public slaves and of those who 
 served the magistrates (217), and of the citizens who 
 filled offices of an inferior description. It may be ques- 
 tioned whether magistrates received salaries ; but cer- 
 tainly the expenses incident on their offices were de- 
 frayed at the public charge : silver vessels 4 were also 
 provided at the public expense either for entertaining 
 ambassadors at feasts, or else to be intrusted to magis- 
 
462 ROMAN ANTIQUITIES. [chap. vi. 
 
 trates for public use : finally, to omit others of less 
 consequence, we may mention the distribution of corn 
 purchased abroad in times of scarcity, and distributed 
 gratis or at a reduced price to the poor 6 . 
 
 1) Concerning both these, consult a valuable work by D. H. 
 Hegewisch ; Versuch iiber die Roemischen Finanzen : also the 
 Grundziige des Finanzwesens im Roemischen Staat, by R. Bosse. 
 Of earlier works, the most valuable is that of P. Burman ; De Vec- 
 tigalibus Populi Romani Dissertatio. 2) Cf. Li v. 1, 20. 3) Cf. 
 Liv. 22, 10. 24, 43. 4) Cf. 33, 11. 5) Cf. Liv. 2, 34 and 52. 
 
 395. But one expense constantly recurring, and ex- 
 ceeding all others, was added to these lighter charges, 
 when pay was given to the soldier ; an expense which 
 increased with the growth of the state, as others also 
 did, necessarily, when we consider the stupendous wars, 
 the magnificence of triumphs, and the number and 
 splendour of the exhibitions of public games, which 
 must have cost the treasury such great sums, as well as 
 the celebration of feasts, the salaries of magistrates, and 
 the almost innumerable public buildings and works of 
 vast extent and great magnificence. But besides the 
 pay of the army, which was raised even during the 
 Republic, and still further increased by the emperors, 
 we find two customs introduced when public morals 
 were decaying, and carried to an enormous pitch under 
 the emperors, the practice of making presents to the 
 army, donativa 1 , and largesses to the people (which 
 sprung, however, from a good motive 2 ), such as largitio 
 congiaria and Jrumentaria 3 , public distributions of wine 
 and corn, and treating them to games at a vast expense 4 ; 
 charges which the whole Roman empire could not de- 
 fray. Equally ruinous were the expenses of the court 
 (introduced by Diocletian), the numbers of officers, 
 and the multiplication of ranks and offices ( 232, etc.) 
 unknown in ancient Rome, and even under the first 
 emperors, and carried to its height under Constantine 
 
sect. 395.] ROMAN ANTIQUITIES. 463 
 
 the Great, so as to rival the pomp and luxury of Eastern 
 monarchs 5 . 
 
 1) Cf. Tac. Hist. 1, 5; Dio Cass. 78, 36. 2) Cf. Liv. 2,34 
 
 and 35 ; Dionys. 7, 1 and 21. 9, 25. 3) Cf. Tac. Ann. 1, 11. 
 
 3, 29 ; Dio Cass. 43,21. 51, 21. 55, 10 : 'O & Avy ovarog to to S^fiov 
 tov ffiToSoTovfisvov 7r\rjQog, aopiorov ov, eg sTkocti fivpiaSag KareicXucrt ' 
 Kal tig ye TivegXeyovai, icaQ' eva t^rjKovTa dpaxfiag iSwice. Cf. id. 59, 
 2 ; Liv. 4, 12. 30, 26 and 38 ; Suet. Cses. 41 ; Vop. Aurel. 35 : 
 " Fides historica frequentavit, Aurelianum eo tempore, quo pro- 
 ficiscebatur ad bellum Orientale, bilibres coronas populo promisisse, 
 si victor rediret, et, cum aureas populus speraret, neque Aurelianus 
 aut posset aut vellet, coronas eum fecisse de panibus, qui nunc 
 siliginei vocantur, et singulis quibusque donasse ita, ut siligineum 
 suum quotidie toto aevo suo et unusquisque reciperet, et posteris 
 suis dimitteret. Nam idem Aurelianus et porcinam carnem populo 
 Romano distribuit, quae hodieque dividitur." 4) Cf. Juven. 10, 80. 
 5) See Hegew. p. 249, sqq. 
 
464 ROMAN ANTIQUITIES. [chap. i. 
 
 PART II. 
 CHAPTER THE FIRST. 
 
 39G. In accordance with the plan of my treatise, I 
 shall devote the first chapter of the second part to an 
 account of the genius of the Romans, the cultivation of 
 literature, and the state of the arts and sciences among 
 them; and the second chapter to the manners and 
 customs of their private life. 
 
 OF THE ROMAN DISPOSITION AND GENIUS. 
 
 We have seen ( 15) that at the time when Rome is 
 said to have been founded, Italy was divided among 
 many nations of different origin, the southern part 
 being mostly settled by Greek colonies. In all that re- 
 gards civilization and refinement, the Greek colonists 
 surpassed all the other inhabitants except the Etrurians, 
 who, in the opinion of learned men, excelled even them 1 . 
 The first inhabitants of Rome, whether we suppose 
 them, according to the common opinion, to have been 
 composed of robbers and the refuse of society, or of a 
 more reputable class, and civilized by the Etruscan 
 laws 2 ( 40), are proved to have long remained igno- 
 rant of the advantages of civilized life, unacquainted 
 with letters and sciences, and barbarous in their habits 
 and customs: and this is evident from their earliest 
 written laws, those of the XII Tables, enacted with the 
 consent of all ranks, which, though composed three 
 
sect. 398.] ROMAN ANTIQUITIES. 465 
 
 centuries after the building of the city, still contained 
 many traces of early barbarity, such as the custom of 
 selling an insolvent debtor, and the rigour of paternal 
 authority. Those who follow Dionysius Halicarnasseus 
 on this point, and imagine that even in the time of 
 its founder the form of government was all but perfect, 
 cannot be credited 3 . 
 
 1) Cf. Nieb. v. 1. p. 88, sqq, 2) Cf. Nieb. p. 80. 3) Cf. 
 Cic. de Rep. 2, 10. 
 
 397. However, it is not to be questioned but that the 
 religious institutions introduced by Numa, as well 
 as the auguries and auspices, in use in the time of 
 Romulus, had some influence in civilizing their man- 
 ners. Succeeding kings, following the precepts of 
 Numa, all contributed to adorn and enlarge the city; 
 particularly Tarquinius Priscus and Servius Tullius. 
 Yet even after the expulsion of the kings, the dispo- 
 sition of the Romans remained adverse to arts and 
 literature ; and it could not be otherwise with a people 
 constantly at war with nations as poor and unpolished 
 as themselves, if we except the Etrurians. But allied 
 to this unpolished state of society, flourished those 
 virtues of the ancient Romans which are so commonly 
 admired, frugality, which poverty naturally taught, and 
 simplicity in their manner of life and dress, as well as 
 stern morality, which sprung from both : also warlike 
 courage, necessary to people growing up among power- 
 ful enemies, stern discipline, unconquerable firmness of 
 purpose, long endurance of hardships, skill in war, in- 
 duced by constant practice ; finally, reverence for their 
 parents and the gods, a love of justice, and an all-sur- 
 passing attachment to their rising country. 
 
 398. Is it to be wondered at, if, with such virtues, the 
 Roman state grew up rapidly ? especially when a rare 
 combination of favourable circumstances conspired to 
 
 Hh 
 
466 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 favour the city. For as its insignificance and poverty, 
 by rendering it contemptible, shielded it from its power- 
 ful neighbours, its bold daring overawed its equals ; so 
 wisely had the kings, of equal excellence in war and 
 peace, strengthened it by their laws : for it happened to 
 the Romans, for more than two hundred and forty years, 
 during which they were governed by kings, never to 
 have a king of inferior talents and virtues, if we except 
 the recklessness of the last in treating his subjects. 
 Their growing greatness was likewise accelerated by their 
 being surrounded by poor and small but warlike states, 
 whose conquest did not furnish riches sufficiently great 
 to introduce luxury and corruption of morals among 
 the conquerors. Hence their strength was unimpaired 
 when they came to be matched against more powerful 
 nations, to whom, though unequal in numbers, they 
 were superior in courage, firmness, and patriotism : for 
 the love of freedom, which glowed more ardently after 
 their first bitter experience of tyranny, superseded and 
 compensated for the supremacy of the kings, in checking 
 lawlessness, and through it, though brought low at first 
 by the power of Porsenna, they rapidly rallied and 
 steadily rose higher, notwithstanding the opposition 
 offered by conflicting parties ; since, so long as their 
 moral discipline was unimpaired, their internal dissen- 
 sions sharpened rather than blunted their eager ani- 
 mosity against external foes ; and when once the safety 
 of their country, to them of all-surpassing interest, was 
 threatened, they forgot their conflicting dissensions, 
 and united against their enemies *. 
 
 1) Cf. Flor. 1, 26 : " Interque haec omnia nullius acrior custos, 
 quam libertatis fuit ; nullaque in pretium ejus potuit largitione cor- 
 rumpi," etc. 
 
 399. Thus the expulsion of the kings was succeeded 
 by three centuries, ennobled by, and prolific of, in- 
 stances of high moral and courageous conduct in men 
 
sect. 399.] ROMAN ANTIQUITIES. 467 
 
 whose names are even now celebrated ; Brutus, Valerius 
 Publicola, Quintus Cincinnatus, the Decii, Manlius 
 Torquatus, Camillus, Fabricius, Curius, Regulus and 
 others 1 . However, later writers, dazzled by the splen- 
 dour of the deeds of that age, are less alive than they 
 ought to be to its darker traits of character, such as 
 the spirit and practice of usury, so opposite to their 
 extolled frugality, ever one of the worst vices of the 
 Romans, and most prevalent in the age that followed the 
 expulsion of the kings, and. then ruinous to the poorer 
 classes, as it was afterwards to the provinces of the 
 empire ( 255). The notorious cruelty to which debtors 
 were subjected, though allowed by law, and perhaps less 
 revolting when we consider the unpolished manners of 
 that age, increased the evils of usury ; though it would 
 be unreasonable to expect in unrefined tempers and 
 characters, feelings developed only by education and 
 civilization, and to reproach the Romans for these in- 
 human practices; for those who do, do not perceive 
 that they are condemning things inseparable from the 
 peculiar excellences of this people : but we may justly 
 reproach them for their contempt of other nations, their 
 insolence in victory, the pride of their triumphs, their 
 inhumanity to the conquered (when it seemed advan- 
 tageous to the state), the insatiable desire of conquest 
 shown by the senate, and the haughtiness of the pa- 
 tricians, as well as their injustice towards the lower 
 orders, whose requests were generally reasonable. 
 
 Some recent writers, considering these blots on the 
 Roman character, have fallen into an opposite extreme 
 in judging harshly even of their virtues, overlooking 
 their excellences as others have overlooked their de- 
 fects : for it would seem as if some writers of the 
 present day have undertaken to exhibit not the Romans 
 as they actually were, but as the worst of them have 
 been described to be. If called on to decide, I should 
 
 h h 2 
 
468 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 on the whole be inclined to side with those who con- 
 sider those ancient times as deserving of praise rather 
 than of censure, and the Romans themselves, as on 
 many accounts superior to the nations whom ancient 
 history places in comparison with them 2 . 
 
 1) Cf. Hor. Od. 1. 12; Flor. 1, 18. 2) Cf. Dionys. Hal. 
 
 lib. 1. 
 
 400. These centuries of glory were followed by cen- 
 turies of triumph, and then by centuries of inward de- 
 cay 1 . Carthage, the rival of Rome, having been de- 
 stroyed, and the empire extended over and through 
 Greece into Asia ; the riches of these plundered nations 
 corrupted them the more easily, as they were the more 
 unused to them ; and towards the closing years of the 
 Republic, little or nothing of ancient morals survived 2 , 
 in spite of laws ( 466) introduced by the elder Cato, 
 and some other men of similar character, who en- 
 deavoured to restrain luxury 3 , avarice, and venality, 
 the most prominent vices of the age 4 , and by some who 
 were alarmed at the inducements to a more civilized 
 state of manners offered by literature and science ( 417). 
 In those times the principal men, enriched for the most 
 part by the spoils and plunder of the provinces allotted 
 to them, and as intent on making money as they for- 
 merly were on furthering the fortunes of their country, 
 appear as contemptible for their effeminacy, luxury, 
 gluttony, and pleasures, as they were formerly vene- 
 rable for the contrary virtues ; and as soon as poverty 
 was stigmatized as dishonourable by the example of the 
 luxury of those in whose hands the honours and power 
 of the state were, patriotic attachment to their country 
 could not long exist in the hearts of the poorer and 
 humbler classes ; nor any of the other praiseworthy 
 characteristics of the Roman people, as soon as patriot- 
 ism was extinguished, and accordingly the lower classes 
 
sect. 401.] ROMAN ANTIQUITIES. 469 
 
 are found to have become as degenerate and as far 
 
 removed from their early worth as the upper classes 
 
 consisting of an idle multitude, the sweepings of the 
 
 provinces, supported by the largesses of the magistrates, 
 
 loungers in the forum 5 , ready for riots, and selling 
 
 themselves to the leaders of factions, rivalling the great 
 
 in their endeavours to overthrow liberty and the state 6 . 
 
 On this universal depravity of the Romans, many 
 
 later authors have, written copiously and well, though 
 
 contemporary writers equally prove it 7 . The execrahle 
 
 era of the Caesars succeeded the extinction of liberty, 
 
 and is described in the pages of Suetonius, Tacitus, 
 
 Juvenal, and Martial, as remarkable for dishonour and 
 
 disgraceas the ancient days of Rome were for glory and 
 
 honour. 
 
 1) Cf. Flor. I, 1. 2, 19 and 22. 2) Cf. Cic. de Rep. 5, I ; 
 
 Tacit. Ann. 1,4. 8) See Gell. 2, 24 ; cf. Tac. Ann. 3, 52, sqq. 
 
 4) Cf. Flor. 8, 12, who is more verbose than usual in this instance. 
 
 5) Cf. Liv. 9, 46. 6) Cf. Tac. Hist. 2, 38. 7) Cf. the preface 
 of Livy, and especially Sail. Bell. Cat. et Jug. ; Cic. de Hep. 5 ; 
 Flor. 1,18 and 22. 3, 12. 
 
 OF THE CULTIVATION OF LITERATURE AMONG 
 THE ROMANS. 
 
 401. The example of the Romans proves more clearly 
 than any other the truth of the trite remark, that aspe- 
 rity of manners is connected with a contempt for arts and 
 literature ; and that the cultivation of the latter proves 
 the destruction of the former. For the integrity of 
 ancient morals was strictly preserved as long as they 
 strove for liberty rather than for universal dominion, 
 and whilst they still remained adverse to the pursuits of 
 literature ; but after the conquest of Greece and Asia, 
 they imbibed from both a love for milder manners and 
 the pleasures of luxury and riches, and from Greece in 
 particular, their usual companions, arts and literature : 
 " Graecia capta ferum victorem cepit, et artes 
 Intulit aarresti Latio l ". 
 
470 ROMAN ANTIQUITIES. [p. ii. c i. 
 
 so that until the sixth century of its existence, litera- 
 ture was neglected at Rome, although it was making 
 advances among other more polished nations, such as 
 the Etrurians and Greeks : though early remains men- 
 tioned by writers, such as the Chronicles of the Kings, 
 Commentarii Regum 2 , Annates Pontificum, and the 
 laws of the Twelve Tables ( 261 and 318), forbid our 
 saying that it was altogether unknown. Jurisprudence 
 also was early and earnestly studied 3 , and there were 
 a few poems and histories, besides the annals of the 
 priests. But the earliest who distinguished himself in 
 Latin literature was Q. Fabius Pictor, so late as the 
 sixth century; other more ancient authors are men- 
 tioned, who, however, wrote in Greek. 
 
 1 ) In a leisure moment I paraphrased Horace's well-known lines 
 thus : " Evehit ad summum, quod tentat, Graeeia felix, victorem 
 Romam musa secuta ferum." 2) Cf. Cic. pro C. Rab. 5. 3) Cf. 
 Hein. Hist. J. R. 112,sqq. 
 
 402. We may naturally infer, therefore, that the 
 Latin language remained rude and unpolished till this 
 time ; and this is abundantly manifest from some frag- 
 ments of the laws of the Twelve Tables, and other 
 relics of the language in the songs of the fratres ar- 
 vales ( 323), the carmen saliare ( 326), and the in- 
 sriptions on the columna rostrata ( 426). Yet they 
 prove that however rude and uncultivated the La- 
 tin of the early ages, it was the same language 
 as that spoken in a later age. 1 Some attempt to 
 draw a distinction between the Latin and the Roman 
 languages ; supposing the Latin to have been spoken 
 between the Tiber and the Liris, and even at Rome 2 at 
 first, and the Roman language to have been introduced 
 into Rome soon after the expulsion of the kings 3 , yet 
 that the Twelve Tables were written in Latin. How- 
 ever these arguments seem of little weight, and they 
 hardly seem to have formed a distinct notion of what 
 
sect. 403.] ROMAN ANTIQUITIES. 471 
 
 they intend to prove : they also speak of dialects of the 
 Latin, the rustic, the foreign, and the city dialects; and 
 it is probable that what is found in all languages ex- 
 isted in the case of the Latin. But they confound di- 
 alects with corrupt modes of pronunciation, and strain 
 to their purpose the passage in Cicero (de Orat. 2, 
 1014). 
 
 1) It may have differed in other respects. See Polyb. 3, 22 ; cf. 
 Hor. Ep. 2, 1, 86. 2) Cf. Ruperti Grundr. d. Gesch. d. Rcemer. 
 p. 800. 3) Why should we suppose it introduced, or whence ? by 
 the new inhabitants of Rome, or from achange in the whole language 
 of Latium, or (which is just as likely) from the fabula Atellana 
 ( 353), introduced by the Osci, in which alone any traces of the 
 language of that nation, which utterly disappeared, were preserved 
 at Rome : hence Strabo, lib. 5, twv /*/ yap "Ovkw iKKcXomSruv, t\ 
 
 Sid\eKT0S /Atvei irapa ro?s Fufiaiois, etc. Cf. W. Schlegel's VorleS3. vol- 
 
 2. Vorles. 8. But who can tell us which we are to believe ? 
 
 403. It were a hopeless undertaking to attempt to 
 determine from what nation's language the Latin tongue 
 is especially derived, and thus to decide its origin, since 
 at the earliest times colonies from various nations were 
 scattered throughout Italy (consult Niebuhr and Wach- 
 smuth). Of those who settled in the southern part, 
 were the Pelasgi, who spoke Greek, and who are sup- 
 posed by some to have been the original inhabitants, 
 and by others to have been the same as the Celts ; and 
 the Carthaginians colonised Sicily, while the descend- 
 ants of the Gauls peopled the northern parts. By the 
 frequent migrations and intermixture of so many na- 
 tions, differing in language, as would naturally be 
 expected, and as did occur, according to the testimony 
 of history, there sprung a mixed language l , especially 
 in the central regions of Italy, and therefore in Latium, 
 in which the Greek prevailed 2 , being the language of 
 the greater portion ; just as we find to have been the 
 case with respect to the Latin language in later times, 
 which philologists abundantly demonstrated to have 
 been derived from the Greek, and more particularly 
 
472 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 from the iEolic dialect. Nor can I admit that either 
 the Roman differed entirely at first from the Latin lan- 
 guage 3 of which they speak, or that either differed 
 from the Greek in the roots of its words, and that they 
 afterwards grew more similar ; which it is certain that 
 those who derive the Latin language from that of the 
 Ausones, the most ancient nation of southern Italy, 
 admit. 
 
 1) Cf. Lyd. de Magistr. 2, 13. 2) Lassen thinks only solitary 
 words were borrowed by the Latin language from the Etruscan. 
 (Beitraege Deutung d. Eugubin. and the Tables, in the Rhein. Mus. 
 1. Jahrg., 3. H. 1833.) He also' thinks that the Latin language 
 was so closely allied to its sister languages (verschwisterten), that 
 it is evident to any careful investigator, that they all owed their ori- 
 gin to one common source ; yet that certain forms and roots exist 
 which throw doubts on this common source. He might have used a 
 better term than verschwistert. 3) Hugo Gesch. d. Rcem. 
 
 Rechts 34. p. 38 : " Die Rcemische Sprache war nicht einmal 
 dem Nahmen nach von der Lateinischen verschieden." 
 
 404. Thus the Latin language, the words of which 
 were derived principally from the Greek, having re- 
 mained inharmonious and unpolished till the sixth cen- 
 tury ab urbe concilia, then borrowed from the Greeks, 
 through the imitation of their writers, a more elegant 
 construction, and a diction better adapted to polite lite- 
 rature : its state at this time is evident, from the frag- 
 ments of Cato, Ennius, Lucilius, and other writers; 
 from the plays of Plautus, and the still more polished 
 diction of the comedies of Terence. Through two cen- 
 turies the language was improved and enriched chiefly 
 by poets and orators, afterwards by the more learned 
 historians (consult Hor. Art. Poet. 56), at the same time 
 corrected by the writings of grammarians, and at length, 
 at the close of the republican era, reaching its highest 
 point of perfection, though it was inferior in some re- 
 spects to the Greek language, yet it seems to the best 
 judges to have very nearly equalled it in excellence : 
 and little regard should be paid to. those who, as is 
 
sect. 405.] ROMAN ANTIQUITIES. 473 
 
 now customary, foolishly depreciate the Latin language 
 that they may extol the Greek. 
 
 405. The remarks here made upon the language apply 
 equally to the writers of the Romans, whom we find both 
 the ancient and the Alexandrine Greek writers rivalled, 
 not by a servile method of imitation, but by the powers 
 of creative genius in many instances, and by the gifts of 
 commanding intellect in the Latin historians particu- 
 larly : and though the praise of invention is due in many 
 cases to the Greeks, we are not on that account to de- 
 preciate the merits of those who equalled and some- 
 times surpassed the excellence of their models. The 
 fragments of the Greek poets whom Catullus, Horace, 
 and Propertius have imitated in lyric and elegiac com- 
 positions, do not furnish us with the same grounds of 
 comparison as Homer offers to those who usually com- 
 pare Virgil to him ; and as for satire, it belongs exclu- 
 sively to the Romans. Of orators, Cicero rivals De- 
 mosthenes : in history, Livy rivals Herodotus ; and 
 Tacitus and Sallust, Thucydides. For, with the ex- 
 ception of philosophy, which the Romans did not culti- 
 vate with the same enthusiasm nor success, we may 
 safely declare that in every branch of literature they 
 have left proofs of having aimed at that perfection which 
 they admired in the Greeks. The usual division of 
 Latin literature into its golden, silver, brazen, and iron 
 ages, also into its infancy, childhood, manhood, and old 
 age, is well known, and applies to the language itself 
 as well as to its writers, as its purity and splendour de- 
 clined with the decay of their genius. 
 
 Its golden age extends over the reign of Augustus, 
 beginning at the time of Cicero, unless we include some 
 earlier writers ; the brazen age, from the third century 
 of the Christian era to the taking of the city ; the fol- 
 lowing was its iron age, to which some add an age of 
 clay, extending from the extinction to the revival of 
 letters. 
 
474 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 406. The liberality of the chief men of the state in 
 cherishing and honouring literature during the last 
 years of the Republic, was equal to the ardour of the 
 writers of that day in imitating the Greeks ; in which 
 employment many, like Cicero, sought either a relax- 
 ation from business or a refuge from adversity and the 
 wearisomeness of public affairs. Hence learned men, 
 grammarians, orators, philosophers, from all quarters, 
 but particularly from Greece, crowded to Rome : and 
 thus necessarily followed a common knowledge of the 
 Greek language among the learned, and a diffusion of 
 a taste for literature; but I doubt if it was ever diffused 
 among the Romans as universally as among the Greeks, 
 particularly the Athenians. 
 
 407. However, both the Greeks and Romans dif- 
 fered from us in not having any established faculties 
 or professorships, nor did they endeavour to obtain 
 public appointments by their learning, or practise 
 teaching as a method of earning their livelihood, ex- 
 cept the numerous tribe of grammarians, who acted as 
 tutors in the families of the rich, or who publicly taught, 
 and were called literati, or literatores l s and under the 
 Caesars, profesSores. These taught not only the rudi- 
 ments of Greek and Latin, and elocution, but also 
 the principles of poetry and declamation, the interpre- 
 tation of the best authors, and those branches of the 
 liberal arts which were held indispensable accomplish- 
 ments of a well-born man : they were attended not only 
 by boys and young men, but also by the most respect- 
 able men, and these teachers of eloquence and letters 
 were generally held in high estimation. The first who 
 taught at Rome is said to have been Crates Mallotes 2 , an 
 ambassador sent by king Attalus ; Plotius was one of the 
 most celebrated after him : their numbers so increased 
 under the Caesars, that, being compelled to leave Rome, 
 they spread over the northern part of Italy, and public 
 
sect. 408.] ROMAN ANTIQUITIES. 475 
 
 schools, ludi, pergulcB magistrales 3 , were multiplied 
 everywhere, so that gradually the literary institutions of 
 the Greeks, such as contests of eloquence, and poetical 
 compositions, public recitations 4 , disputes of the learned, 
 and other practices of the kind, are found to have been 
 introduced among the Romans, in imitation of the 
 Greeks. The most celebrated public school in later 
 times was the Athenaeum, built by Adrian. A similar 
 edifice in the Capitol is spoken of, and the temples 
 were generally filled with classes of learners 5 . 
 
 1) Cf. Suet, de ill. Gramm. 4. 2) Suet, de ill. Gramra. 4 : 
 " Primus igitur, quantum opinamur, studium grammatical in urbem 
 intulit Crates Mollotes, Aristarchi aequalis, qui-plurimas aKpodatis 
 subinde fecit, assidueque disseruit ; ac nostris exemplo fuit ad imi- 
 tandum. Hactenus tamen imitati, ut carmina parum adhue divul- 
 gata, vel defunctorum amicorum, vel si quorum aliorum probassent, 
 diligentius retractarent, ac legendo commentandoque etiam caeteris 
 nota facerent." 3) Cf. Suet. Aug. 94 ; Juven. 11, 137. 4) Cf. 
 Hor. Ep. 1, 19, 41 ; Plin. Ep. 1, 13; Juven. Sat. 1. init. 7, 39. 
 5) Cf. Heeren, Gesch. d. Stud. d. class. Litter, im Mittelalter, 
 1. I. 16, sqq., ibiq. e Codioe Theod., the regulations of the empe- 
 rors respecting public seminaries. 
 
 408. The Romans also had public and private libra- 
 ries ; the first private library on record is that of JEmi- 
 lius Paulus, A. U. C. 585. Afterwards Sylla brought 
 the vast collection of Apellicon from Athens to Rome ; 
 Lucullus a still more valuable one from Asia ; and a 
 custom was gradually introduced of allotting a part of 
 large mansions, generally on the eastern side, to a library. 
 The first public library was formed by Asinius Pollio 1 , 
 in the vestibule of the Temple of Liberty ; and soon af- 
 terwards Augustus presented to the public the cele- 
 brated Greek and Latin library of the Temple of the 
 Palatine Apollo, and another preserved in the theatre 
 of Marcellus 2 . Several others are mentioned as being 
 formed under the Caesars, especially the Ulpian library, 
 founded by Trajan, and the collection which Serenus 
 Sammonicus left by will to the second Gordian 3 . 
 
 To what has been already said concerning the culti- 
 
470 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 vation of literature, I intend now to add an account of 
 its several departments, and the authors who have dis- 
 tinguished themselves in each ; afterwards giving a hasty 
 sketch of the method and materials of writing, the shape 
 and embellishments of volumes, the manuscripts, coins, 
 and inscriptions of the Romans, subjects generally com- 
 prised under the title of literary archaeology. 
 
 1) Cf. Plin. 7,30. 85.2 ; Hor. Sat. 1, 4, 21 ; Ovid. Trist.3, J, 71, 
 2) Cf. Suet. Aug. 29; Cses. 44; Hor. Ep. 1, 3, 16. 2, 1, 216 ; Ovid. 
 Trist. 3, 1, 60 and 69. 3) See Heeren, Gesch. d. Stud. d. class. 
 Litter., introduct. p. 15, sqq. 
 
 THE DIFFERENT DEPARTMENTS OF 
 LITERATURE. 
 
 Poetry. 
 
 409. The earliest poetry of the Romans, as of the 
 Greeks and other nations, according to the testimony 
 of authors, was devoted to the service of religion, as 
 the Carmen Saliare and Sibylline oracles, and contained 
 the praises of gods and heroes l : writers on poetry may 
 suppose it to have belonged to the lyric or to the epic 
 kinds, or to have constituted a species combining both. 
 We may suppose with Fr. Ast 2 (Grundr. d. Philol. p. 
 414), that the Scolia were poems sung at feasts by the 
 guests, to the sound of the flute 3 , in celebration of the 
 virtues of their ancestors. In the sixth century of 
 Rome many cultivated dramatic compositions 4 , in imita- 
 tion of Livius Andronicus, who flourished A. U. C. 
 512 5 . Of these were Plautus and Terence; of the 
 others, nothing, or fragments only, remain ; but the tra- 
 gedies of L. Anneus Seneca, who wrote in the times of 
 the Caesars, are still extant. Publius Syrus, whose 
 sentences are still extant, acquired great celebrity for 
 his mimi 6 , comedies of a particular kind, and D. Labe- 
 rius likewise, fragments of whose compositions remain 7 . 
 
sect. 410.] ROMAN ANTIQUITIES. 477 
 
 The most ancient epic as well as sacred poems have 
 perished 8 . Ermius, who flourished in the sixth cen- 
 tury of Rome, and wrote in various styles of composi- 
 tion, celebrated in an epic poem the actions of Scipio 
 Africanus and the annals of Rome ; of this poet frag- 
 ments remain, but of the golden age of Rome, the writ- 
 ings of Virgil, the prince of Roman epic poets, alone 
 are still preserved ; of the silver age, the poems of Lu- 
 can, Valerius Flaccus, Silius Italicus, Statius ; and of 
 the brazen age of literature, the epic of Claudian, are 
 also still preserved. 
 
 1) Cf. Cic. T. D. 1, 1 and 2 ; de Divin. 1, 40 ; Liv. 25, 12 ; Hor. 
 Ep. 2, ], 26. 2) Grundr. d. Philologie, p. 414. 3) See Cic. 
 
 T. D. 1, 2. 4) Cf Cic. Brut. 18. .5) Cf. Hor. Ep. 2, 1 ; 
 
 Gell. 15, 24. 6) Cf. Ovid. Trist. 2, 497. 7) Cf. Macrob. 
 
 Saturn. 2, 7 ; Hor. Sat. 1, 10, 6 ; Gell. 16, 7. 8) Niebuhr ima- 
 
 gines that there existed in the earliest times, epic poems, from 
 which Livy drew his account of the early centuries of Rome. 
 
 410. The didactic style of poetry was introduced 
 after the drama and epic; specimens of it extant, are 
 the poem of Lucretius ( 417), the Georgics of Virgil, 
 the Astronomicon of Manilius, the Cynegetica of Gra- 
 tius Faliscus, and the poems of Olympius Nemesianus, 
 in the third century, on the same subject, and on Bird 
 Taking ; also the poem of Serenus Sammonicus on ma- 
 ladies and their remedies, and other poems and frag- 
 ments on medical subjects : the treatise of Terentianus 
 Maurus on letters, syllables, feet, and metres, and por- 
 tions of the works of Columella and Palladius ( 419). 
 In satire, Ennius, Pacuvius, and Lucilius 1 , who is 
 called the father of satire, and of whose works frag- 
 ments remain, were by far anterior to Horace : Persius 
 and Juvenal, and the satire of Sulpitia against Domi- 
 tian, belong to the silver age. Horace, Ausonius, Ovid, 
 and also the author of a peculiar species of poetical 
 epistles called Heroids, imitated by Proper tius, and 
 partly attributed to Aulus Sabinus, furnish examples 
 
478 ROMAN ANTIQUITIES. [p. ir. c. i. 
 
 of poetical epistles. Under the head of descriptive 
 and narrative poems may be classed Catullus, Ovid, 
 Statius, in parts, and some pieces of Petronius ( 413), 
 found in his Satyricon ; and of a later age, Claudian : 
 and the author of ^Etna, a poem of the golden age, 
 ascribed to Cornelius Severus, among others ; and Ru- 
 tilius, of the brazen age, the author of the Itinerarium. 
 Horace is by far the first in lyric compositions, of which 
 kind are some poems of Catullus and Statius, and the 
 Pervigilium Veneris, improperly attributed to Catullus, 
 belonging properly to Florus, the historian. Catullus 
 and Ovid,' Tibullus and Propertius, have left us ex- 
 amples of the elegiac style of the golden age of litera- 
 ture : the fragments generally attributed to Cornelius 
 Gallus are thought to be forgeries. The Eclogues of 
 Virgil, and those of Calpurnius and Nemesianus, both 
 the latter of the brazen age, afford instances of the Bu- 
 colic species of poetry ; Martial, and portions of Catul- 
 lus, of Ausonius, and Claudian, of the epigrammatic 
 style : Phaedrus, and Avianus, an author of the brazen 
 age, wrote fables, still extant. The Disticha of Diony- 
 sius Cato, of the silver age, are on moral subjects. The 
 Dirae in Battarum, a poem of Valerius Cato, contempo- 
 rary with Sylla, may be classed under the head of Im- 
 precatory Poems, as well as the Ibis of Ovid. The 
 poem addressed to Calpurnius Piso, commonly, but on 
 slight grounds, attributed to Lucan, is an example of 
 the panegyric style. 
 
 P. Burmann, and after him, Wernsdorf, augmented 
 and published a collection of epigrams and other poems, 
 among which are the Catalecta of Virgil, together with 
 anonymous poems, some written in the days of pure 
 latinity, but most of them specimens of its decaying and 
 lowest stages, which had been before edited by Jos. 
 Scaliger. Some writers have interspersed prose with 
 verse, as Sidonius Apollinaris, and Boethius in his 
 
sect. 411.] ROMAN ANTIQUITIES. 479 
 
 Treatise de Consolatione Philosophise": these two 
 writers, with Ausonius and Lactantius ( 416), must be 
 classed among Christian authors. Aurelius Prudentius, 
 Claudius Marius Victor, Alcimus Avitus, Juvencius, 
 Ccelius Sedulius, Arator, Venantius Fortunatus, Pauli- 
 nus, and others, writers on christian subjects, have 
 been edited together by Fabricius 2 . 
 
 1) Cf. Hor. Sat. 1, 4, 6, 1, 10 and 2, 1, 62. 2) " Poetarum 
 
 veterum ecclesiasticorum opera Christiana." Basilese, 1564. 
 
 HISTORY. 
 
 411. Fabulous traditions, mythica, and poetry, con- 
 taining the praises of ancestors and their deeds, should 
 not be confounded with history, which is likewise dis- 
 tinct from the bare records of daily events, whether 
 fasti ( 334) or annates, such as were kept at Rome, and 
 from the annals in verse written by Naevius and Ennius : 
 we have already said that the Pontifex Maximus had 
 the charge of compiling the annates and fasti from 
 the earliest times ( 318). Fabius Pictor is the ear- 
 liest writer to be classed among the Roman histo- 
 rians: he is commended by Livy and others. He 
 was followed by Posthumius, Albinus, Cassius He- 
 mina, C. Fannius, Calpurnius Piso, Vennonius, Vo- 
 lumnius, Claudius Quadrigarius, Valerius Antias, 
 Ccelius Antipater, Cornelius Sisenna, and Porcius 
 Cato, of whose Origines fragments are extant, which 
 have been frequently published together with the re- 
 mains of the rest. All those whose works remain are 
 posterior to these writers, and the greater number have 
 written of the whole history of Rome ; some, the his- 
 tory of their own times; others, select portions. Of 
 those who have treated of the whole Roman history, 
 Livy has written in detail ; Velleius Paterculus, Florus, 
 Eutropius, and the author of the Breviarium, Sextus 
 Rufus Festus, more concisely. Portions of the history 
 
480 ROMAN ANTIQUITIES. [p. ir. c. r. 
 
 are contained in the Bellum Jugurthinum and B. Cati- 
 linarium of Sallust, in Caesar's Commentaries de Bello 
 Gallico, and de B. Civili, in the Bellum Alexandri- 
 num, Africanum, and B. Hispaniense of Hirtius. 
 The history of the Caesars has been written by Tacitus, 
 Aurelius Victor, Ammianus Marcellinus, and by those 
 who have been styled writers of the Augustan history, 
 namely, /Elius Spartianus (or iElius Lampridius), Julius 
 Capitolinus, Trebellius Pollio, Flavius Vopiscus, and 
 Vulcatius Gallicanus. Suetonius has narrated the lives 
 of the first ten Caesars. There is an Epitome of Uni- 
 versal History, abridged by Justin, from that of Trogus 
 Pompeius, and the Lives of great Commanders by Cor- 
 nelius Nepos, which some still claim to be by yEmilius 
 Probus. Curtius Rufus, who lived at an unascertained 
 period, compiled an account of the actions of Alexan- 
 der the Great, and Tacitus has left us a treatise de 
 Moribus Germanorum : the same historian wrote the 
 Life of Agricola, and thus is to be classed, as well as 
 Cornelius Nepos and Suetonius, with those who have 
 written the history of selected portions. A short trea- 
 tise attributed to Aurelius Victor among others, con- 
 tains a hasty notice of the illustrious men of Rome. 
 The volumes of Valerius Maximus, Dicta Factaque 
 Memorabilia, are of a distinct class. Lastly are to be 
 considered as historical, the treatise falsely attributed 
 to Messala Corvinus, in titled De Augusti Progenie ; 
 the work of Aurelius Victor de Origine Gentis Ro- 
 manae, the Liber Memorialis of Ampelius, and other 
 productions as frivolous, of that age. I shall not notice 
 any later writers on the subject. 
 
 ORATORS, WRITERS OF EPISTLES, AND OF 
 NARRATIVES, 
 
 412. The form and constitution of the Roman Re- 
 
sect. 413.] ROMAN ANTIQUITIES. 481 
 
 public, the mutual bond of patronship and clientcy, 
 and the nature of the comitia, clearly show how it hap- 
 pened that eloquence, particularly forensic, was held 
 of such importance, even in the earliest days of free- 
 dom ; however, the imitation and study of the Greek 
 orators, as of other Greek models of composition, was 
 introduced much later ; and it seems that there were 
 few, if any, teachers of eloquence at Rome before the 
 Greek teachers of it : yet even these, whose sophistry 
 offended the still upright principles of the time, were 
 so little approved of that they were expelled the city 
 A. U. C. 662 l . Of the orators of the age next follow- 
 ing, who are known to us by name only, and by com- 
 mendations bestowed on them, not by their writings, 
 were Plotius Gallus, Otacilius Pilitus, a freedman, 
 Sextus Clodius, etc. ; forensic eloquence and popular 
 declamation being then highly cultivated 2 . Sulpicius, 
 Cotta, and those whom he so highly extols in his work 
 De Oratore, namely L. Crassus and M. Antonius, 
 closely preceded the days of Cicero, who brought elo- 
 quence to its perfection, and was rivalled by Hortensius 
 among his contemporaries. But, with the exception 
 of the speeches of Cicero, nothing remains either of 
 that age or of the age of pure latinity in the time of the 
 Caesars, unless we attribute (as is sometimes, though 
 doubtfully, done) the Declamations to Quintilian, and 
 include the Panegyric on Trajan of the younger Pliny : 
 for the twelve Panegyrics which are still extant, among 
 which are those by Claudius Mammertinus, the elder 
 and younger, by Eumenius and Ausonius, are of the 
 brazen age, to which Symmachus, fragments of whose 
 writings were discovered by Majus, is to be referred. 
 
 1) See Suet, de CI. Rhet. init. 2) See Cicero de claris ora- 
 
 toribus ; Veil. 2, 9. 
 
 413. The Letters of Cicero, Seneca, and the younger 
 Pliny, which have reached us, form a striking portion 
 
 i i 
 
482 ROMAN ANTIQUITIES. [p. 11. c. i. 
 
 of Roman literature ; the more valuable from the various 
 subjects they introduce. The Epistles of Corn. Fronto, 
 lately discovered together with other writings of the 
 same author, are later than the age of Pliny ; those of 
 Aur. Syrmnachus and Sidonius Apollinarius are of the 
 brazen age. Of all species of literary composition this 
 seems the least likely to be borrowed. The only re- 
 mains of the erotic, or, as it is now called, romantic style, 
 are the Metamorphoses of Apuleius ; this species of 
 composition the Romans manifestly borrowed from the 
 Greeks: to this class also may be referred the Satyri- 
 con, a poem, either by Petronius Arbiter, in the reign 
 of Nero, or, as some say, by an author in the reign of 
 Commodus. 
 
 RHETORICIANS, GRAMMARIANS, ANTIQUARIES, 
 MYTHIC WRITERS. 
 
 414. We have already mentioned that the Latin 
 language (whilst the study of Greek literature was 
 flourishing at Rome) was cultivated by its native writers 
 and grammarians, and have touched on the wide sense 
 attached to the term grammarian ( 407). The rheto- 
 res, teachers of eloquence, were near akin to the gram- 
 maiici in their employments, though a distinction is 
 usually drawn between them. There was a great 
 number of them in the city, and many have treated of 
 grammar and eloquence in writings composed both in 
 Greek and Latin, the remains of which, now extant, 
 we shall mention. 
 
 Among rhetoricians, Cicero excels ; of whose writings 
 the books De Inventione, De Oratore, Orator and 
 others, come under this head. The author of the 
 Rhetorici, addressed to Herennius, is supposed to have 
 been contemporary with Cicero. Marcus Annasus 
 Seneca is next in order of time, then Quintilian. Of 
 
sect. 415.] ROMAN ANTIQUITIES. 483 
 
 Seneca, his Suasoria?, Controversial, and extracts from 
 Con trover siae, still remain : Quintilian's noble work the 
 Institutiones Oratorical, also belongs to this period. 
 
 Harley attributes the treatise De Arte Dicendi 
 (which has been improperly given to Celsus) to Julius 
 Severinus, a writer of the fifth century of the Christian 
 era. The dialogue De Causis Corruptee Eloquentiae, 
 which some claim as Quintilian's, others as Tacitus', is, 
 from its subject, to be placed in this section. Maximus 
 Victorinus' work entitled Expositio in libros Ciceronis 
 de Inventione, belongs to the fourth century. 
 
 415. Among the writings of the grammarians we find 
 commentaries on ancient authors, such as those of 
 Asconius Pedianus on the Orations of Cicero ; those of 
 Acron and Porphyrio on Horace : in the brazen age, 
 the writings of ^Elius Donatus, the author of gram- 
 matical commentaries on various writers, particularly on 
 Terence : those of Servius and Tiberius Donatus on 
 Virgil. The Commentaries or Scholia of Macrobius on 
 the Somnium Scipionis of Cicero, are also still extant. 
 Of other grammarians' writings, part of the books of 
 Varro de Lingua Latina, a writer of the golden age, 
 still remain ; also the Ars Grammatica, etc. of Rhem- 
 nius Fannius Palaemon, and two books of Institutiones 
 Grammaticae, said to be by Valerius Probus, writers 
 who closely followed Varro ; as did Verrius Flaccus, 
 of whose treatise De Verborum Significatione there 
 exists an abridgment, compiled in the fourth century 
 by Pompeius Festus. The Doctrina de Proprietate 
 Sermonum, of Nonius Marcellus ; the treatise De Ora- 
 tione by Diomedis, and his comments De Partibus 
 Orationis et Vario Poematum Genere, as well as the 
 Institutiones Grammaticae of Charisius, and the Com- 
 mentarii Grammatici of Priscian, a prolix work on the 
 elements of the language, are likewise compositions of 
 the brazen age of Roman literature. 
 
 i i 2 
 
484 ROMAN ANTIQUITIES. [>. ft. c. t. 
 
 Among antiquaries must be placed Aulus Gellius, of 
 the second century, author of the Noctes Atticae ; Cen- 
 sorinus, of the third century, who wrote a work entitled 
 De Die Natali; Macrobius, of the fifth century, whose 
 commentary on the Somnium Scipionis and books of 
 Saturnalia are also extant; works of extensive erudition, 
 and of great use to those who study antiquity. To 
 these we may add the work by Marcianus Capella, De 
 Septem Artibus Liberalibus. 
 
 416. We cannot mention any writer who has recorded 
 the earliest and original mythology of the inhabitants of 
 Italy, for not one is extant or on record ; but as the re- 
 ligion of the ancient Greeks was grafted on that of the 
 Italians ( 280), their myths must have differed but 
 little ; yet even the earlier writers on those of Greece 
 have perished. Among those whose works are extant, 
 are Julius Hyginus, the earliest, who was a grammarian 
 of the age of Augustus, though critics doubt whether 
 the books of Fabulae and the Poeticon Astronomicon 
 are not those of a later writer of that name. Planciades 
 Fulgentius, the author of the Mythologiae, and Luc- 
 tatius or Lactantius Placidus, whose stories from the 
 Metamorphoses of Ovid are still extant, both writers of 
 the sixth century, are much later than the former. 
 The treatise of the philosopher Albricus, De Deorum 
 Imaginibus, is of the thirteenth century. We may here 
 mention some Christian writers, Lactantius Firmianus, 
 the author of The Divinae Institutiones, and other 
 works : seven books of Arnobius adversus Gentes, Fir- 
 micus Maternus, De Errore Profanarum Religionum, 
 and the dialogue by Minucius Felix, a writer of the 
 third century, entitled Octavius. 
 
 SCIENCES. 
 
 417. With the exception of jurisprudence, Sciences, 
 
sect. 417.] ROMAN ANTIQUITIES. 485 
 
 properly so called, were less ardently cultivated than 
 the pursuits of literature, and yet on the decay of the 
 latter, we find that they were attended to more than 
 during the Republic. We shall include them all, to- 
 gether with the writers on them, in the following 
 notice. 
 
 The study of philosophy is generally traced back to 
 the Greek philosophers, who, being sent on embassies 
 to Rome in the sixth century from its foundation, intro- 
 duced their systems of philosophy, which had before 
 been scarcely heard of at Rome 1 . Carneades, one of 
 them, a follower of the New Academy, who adorned his 
 system of teaching by the arts of eloquence, is especially 
 praised : however, through the endeavours of the elder 
 Cato, they were sent back to Greece, being considered 
 injurious to the morals, and dangerous to the state. 
 They met with as unfavourable a reception afterwards, 
 being again forbidden the city, together with the 
 rhetoricians, although a taste for philosophical study 
 had spread among some of the principal men, such as 
 Scipio Africanus the younger 2 , Lselius, Lucullus, and 
 others, who, however, both during the Republic and 
 under the Caesars, rather reproduced Greek theories 
 than invented new ones. The works of a very small 
 number of these are extant, such as the poem of Lu- 
 cretius De Rerum Natura, who explained the system 
 of Epicurus. Cicero, a follower generally of the Old 
 Academy, who has treated of many philosophical sub- 
 jects, such as De Natura Deorum, De Finibus Bonorum 
 et Malorum, De Divinatione, De Legibus, De Officiis, 
 etc. : he also first moulded the Latin idiom to the 
 forms of philosophical discussion. Of the era of the 
 Caesars, remain the works of L. A. Seneca, a stoic, De 
 Ira, De Clementia, De Providentia, De Beneficiis, and 
 others of the second century of the Christian era, as the 
 treatises of L. Apuleius, De Mundo, De Deo Socratis, 
 
486 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 De Habitudine Doctrinarum et Nativitate Platonis. 
 Of Christian writers, we may mention here Arnobius, 
 Lactantius, Firmianus ; Augustinus later than they, 
 and Boethius, who belongs to the sixth century ( 410) ; 
 portions of Martianus Capella may also be classed with 
 the foregoing. 
 
 1) Cf. Cic. T. D. 1, 3 : " Philosophia jacuit usque ad hanc 
 setatem, nee ullum habuit lumen litterarum Latinarum," etc. 2) Cf. 
 Veil. 1, 13. 
 
 418. The Romans could not be ignorant of the im- 
 portance of mathematical sciences 1 ; and though they 
 did not despise them, yet considering them as useful 
 solely in architecture and fortifications, they added 
 nothing to the state in which they received the science 
 from the Greeks ; few studied Astronomy or Geo- 
 graphy. 
 
 Among authors whose works have reached us, who 
 have treated of mathematical subjects, not on pure 
 mathematics, is Vitruvius Pollio, who flourished under 
 Augustus, the author of a celebrated work De Archi- 
 tectura; a treatise On Aqueducts, by Julius Fron- 
 tinus, of the first century of the Christian era, and a 
 work on fortifications called Strategemata, by the same 
 author : the Institutiones Rei Militaris, by Vegetius 
 Renatus, and some treatises and fragments of other au- 
 thors, such as De Castrametatione by Hyginus the 
 grammarian, and De Vocabulis Rei Militaris by Mo- 
 destus, belong to the brazen age of literature ; as well 
 as the works on agriculture by Siculus Flaccus, Agge- 
 nus Urbicus, and some small fragments of other writers 
 on Land-surveying. Hyginus and Nigidius Figulus, 
 of the age of Cicero, of whom fragments are extant, 
 wrote on Astrology. The Libri Matheseos of Firmicus 
 Maternus ( 416) are on the same subject ; and of poets, 
 we may here mention Manilius. The most ancient 
 geographical work extant of the Romans, is that of 
 
sect. 419.] ROMAN ANTIQUITIES. 487 
 
 Pomponius Mela, a writer of the first century, De 
 Situ Orbis. A treatise by Vibius Sequestris, on the 
 rivers, springs, and lakes, mentioned by the poets, 
 is thought to have been written in the fourth cen- 
 tury. Of writers mentioned by us elsewhere, Pliny 
 the elder and Solinus may be noticed under this 
 head also: and we may likewise include the Notitia 
 Dignitatum Utriusque Imperii ( 230), a kind of public 
 calendar : Sextus Rufus and P. Victor's Topographies 
 of Rome ; a work on Descriptive Geography (Cosmo- 
 graphia), ascribed, though doubtfully, to iEthicus ; 
 also extracts from the Cosmography of Julius Honorius, 
 and five books of an anonymous writer of Ravenna on 
 Geography, supposed to be of the seventh century, 
 beside the Itineraria (see Cell. Geogr. Ant. 1. I. c. 1.), 
 which contained either a topography of the Roman 
 empire, or a notice of the principal places and stations 
 on the highways of the empire : of the former kind is 
 the Tabula Peutingeriana, of the emperor Severus ; 
 perhaps of the latter kind the Itinerarium of Antoni- 
 nus Augustus, by a writer of a later but unascertained 
 period. In conclusion, we may mention the work of 
 Ccelius Apicius, De Arte Coquinaria, and a poem De 
 Ponderibus et Mensuris, by Rhemnius Palaemon ; how- 
 ever, these works are ascribed to these authors at ran- 
 dom. 
 
 1) Cf. Cic. T. D. 1, 2. 
 
 419. The vast work of C. Pliny the elder, an encyclo- 
 paedia compiled from a great variety of authors, and the 
 principal work of any Roman writer on the subject of 
 natural history, was abridged by Julius Solinus, in his 
 work Polyhistor, or a collection of remarkable objects. 
 Seven books by L. A. Seneca, Naturalium Quaestionum, 
 belong to natural philosophy. We have before men- 
 tioned that the ancient Romans were very partial to 
 
488 ROMAN ANTIQUITIES. [p. 11. c. i. 
 
 agriculture, and that many have written on it ( 378) ; 
 of these writings a treatise attributed, though not satis- 
 factorily, to Cato, who lived in the sixth century of 
 Rome ; and a small work by Varro, who lived in the 
 time of Cicero, De Re Rustica, are still extant. Colu- 
 mella was posterior to Varro, and the last of his books 
 is a poem, De Cultu Hortorum. Palladius Rutilius 
 also, who was later than Columella, composed his last 
 book De Insitione, in verse. Among the poets, Virgil 
 treated of agriculture in his Georgics. 
 
 420. Medicine was practised at Rome by Greeks 
 principally, either slaves or freedmen, and in the later 
 years of the Republic by free-born persons ; the num- 
 ber and privileges of physicians increasing as the art 
 rose in estimation, and finally it was not thought un- 
 worthy of study by the Romans themselves. The 
 principal authors on the subject whose works have 
 been preserved, are, Cornelius Celsus, who lived in the 
 times of Augustus and Tiberius, of whose work on 
 general science, eight books treating of medicine and 
 surgery are extant. Antonius Musa, the freedman of 
 Augustus, was contemporary with Celsus, and to him 
 some fragments have been erroneously attributed. 
 Scribonius Largus was a little later, the author of a 
 treatise De Compositionibus Medicamentorum, and to 
 him some have attributed a poem on medicine (see 
 Burm. Anthol. vol. 2. p. 389), and the book of Vegetius 
 Renatus De Re Veterinaria. Of the poets, Serenus 
 Sammonicus may be mentioned in this place. 
 
 421. Though the Romans imitated and borrowed 
 from the Greeks their knowledge of other sciences, 
 without either perfecting or greatly improving what 
 they received from them, yet in jurisprudence they 
 far excelled them, without borrowing anything from 
 tbem. Their eminent lawyers 1 are numerous, both 
 in the earlier days of the Republic, and thence to 
 
sect. 421.] ROMAN ANTIQUITIES. 489 
 
 the latest times ; there were several of the name of 
 Mucius Scaevola, Trebatius Testa, and Servius Sul- 
 picius, lived in the days of Cicero ; Alfenus Varus, 
 Antistius Labeo, and Nerva. From the time of Ti- 
 berius they were divided into the Sabiniani and Pro- 
 culiani ; the former originated in Ateius Capito and 
 Masurius Sabinus, the latter in Antistio Labeo and 
 Sempronius Proculus 2 . In the age of the latter Caesars 
 lived ^Emilius Macer, Callistratus, Marcian, Hermo- 
 genian, Caius or Gaius, Paullus, Papinian, Modestinus, 
 Ulpian, and many others, from whose writings the Pan- 
 dects of Justinian were compiled ; but few fragments of 
 the others have come down to us, as of Caius, Paullus, 
 and Ulpian ; but the number has lately been increased 
 by the discovery of the Institutions of Caius 3 . The 
 latinity of these writers on law, has been often unjustly 
 censured, but Hugo 4 and other writers have judged it 
 more candidly : in point of historical accuracy and anti- 
 quarian knowledge, Dirksen 5 severely criticises some of 
 them. Besides the writings of lawyers, several works 
 may be classed under this head, on account of the sub- 
 jects they treat of, as the work of Valerius Probus, 
 De Interpretandis Romanorum Litteris; Frontinus, De 
 Agrorum Qualitate, and his treatises De Controversiis 
 and De Coloniis. The laws of the Romans, among 
 .them those of the XII Tables, Senatus-Consulta, 
 edicts; a few of which are still extant : the institutions 
 of some emperors, of which several remain, as frag- 
 ments of the Codex Hermogenianus and Gregorianus, 
 Codex Theodosianus, Justinianus, and the Novellas, 
 form another class of writings on Jurisprudence. 
 Writers on law also furnish another class of such works 
 by introducing into their subjects tables of customary 
 business 6 . 
 
 1) See Pomp, de Or. J. 35, sqq. 2) See Hugo, Lehrb. d. 
 
 Gesch. d. r. R. p. 615 and 638. ed. 8; cf. Tac. Ann. 3, 75 ; Dirk- 
 
490 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 sen, Versuche, p. 228 ; cf. Mackeldey 42-44 ; Macieiowski Hist. 
 Jur. Rom. p. 201 and 211. 3) See Schultingii Jurispr. Vet. An- 
 tejust. ; Heineccii, Bachii, Hugonis Jur. Rom. historias. 4) Hugo 
 609; cf. Macieiowski p. 141. 5) Versuche, p. 203-33. 6) See 
 Haub. Institt. J. R. litter, t. 1. p. 270, 289. 
 
 THE ALPHABET, AND METHOD OF WRITING. 
 
 422. What the form of the earliest Latin letters was, 
 whether the same as that of the Greek letters, or diffe- 
 rent, cannot be ascertained : it is, however, certain, that 
 their number was smaller at first than afterwards, the 
 letters F, G, H, V, X, Y and Z, being added to them 
 at an unascertained period : of these, H was the sign of 
 aspiration ; G was a new letter related to the early C ; 
 X and Z ( f), as in the Greek alphabet, double con- 
 sonants formed severally of CS and DS ; Y, a middle 
 sound between U and T ; V, as some say, was used as 
 a substitute for the vowels I and O, and for the digam- 
 ma of the Greeks, whose power was expressed under a 
 new form by F. Some say that R and Q were intro- 
 duced either for expressing new sounds, or for the sake 
 of combining R with S, and Q with C, and thus ex- 
 pressing a sound formerly effected by two letters 1 . 
 We may perceive from this that the orthography has 
 greatly varied at different times ; and this is further 
 confirmed by the inscriptions on coins and monuments 
 even of the sixth century of the city's existence, by the 
 addition of letters which afterwards came to be omitted, 
 and from the omission of letters found at subsequent 
 periods introduced into the same words, whence we 
 may conclude that formerly those letters were not pro- 
 nounced in these words : and what is very much the 
 same thing, some consonants at the end of words, 
 though never omitted in writing, were commonly not 
 pronounced, which seems to have greatly affected the 
 quantity of those syllables. The forms of the letters, as 
 far as we may conclude from an inspection of the earliest 
 
sect. 423.] ROMAN ANTIQUITIES. 491 
 
 monuments and manuscripts extant, differed but little 
 from the form of what are called capital letters now : I 
 do not know whether they came to be modified so as to 
 admit of being rapidly joined in writing in the middle 
 ages of Rome, or earlier. The method of abbreviation, 
 by which, even before Cicero's time 2 , signs were substi- 
 tuted for syllables or for words of frequent recurrence, 
 or even for expressing whole sentences, is different from 
 the connection of letters adapted for writing, and to 
 which were applied the terms, notes, siglce ( 235), 
 alphabetum Tironianum, note?, Senecce, notarii, rayy- 
 ypd<f>ot,\ A practice even more common was that of 
 contracting words by writing only their initial or prin- 
 cipal letters ( 425). 
 
 1) Concerning the letters added to the alphabet by Claudius, but 
 afterwards left out, see Tac. Ann. 11, 14, and the note by Lipsius. 
 2) Cf. Cic. ad Att. 11, 9 ; cf. Pignor. de Serv. p. 218 : Gregoriura 
 de Scribendi genere did arj^iuiov 3, sqq. ; in Act. Societ. Lat. 
 Jenens. v. 2. p. 106. 3) Cf. Sen. Ep. 90: " Quid verborum 
 
 notas, quibus quamvis citata excipitur oratio, et celeritatem lingua? 
 manus sequitur ? Vilissimorum mancipiorum ista commenta sunt." 
 Mart. 14, 208 : " Currant verba licet, manus est velocior illis : Non- 
 dum lingua suuin, dextra peregit opus." 
 
 MATERIALS FOR WRITING, INSTRUMENTS, 
 BOOKS. 
 
 423, As for materials for writing, according to 
 circumstances letters were, as now, engraved on stone, 
 brass, and other metals, or on wood {albo, tabulis). 
 Leaves 1 , or the inner bark, liber, of certain trees, were 
 formerly much used for private writings ; afterwards, 
 besides linen, (whence libri lintei 2 ); the Egyptian papy- 
 rus 3 (ftvfiXos, cyperus papyrus, Linn.), called also 
 charta iEgyptiaca or Niliaca 4 ; parchment, membrana, 
 (charta Pergamena,) and wooden slabs covered with 
 wax, tabulae, being more commodious for effacing what 
 
492 ROMAN ANTIQUITIES. [p. ii. c. fa 
 
 had once been written on them 5 ; they were also called 
 cerce, pugillares 6 . The use of paper made of cotton, 
 charta bombycina, is of much later date; the species 
 of paper we now 7 use was introduced about the fourteenth 
 century. 
 
 The instrument for writing with on so hard a material 
 as wax and others was the stylus (Xvfelov ypafalov, 
 graphium, Ovid. Am. 1,11, 23), having one end pointed 
 for writing with, which is what is properly expressed by 
 scribere and ypdfew ; and the other extremity smooth 
 and blunt for effacing and smoothing the wax, whence 
 litura 8 . For painting letters, a brush or pencil was 
 used, penicillum. On parchment or paper of any kind 
 they wrote with a reed (Bovag), generally an Egyptian 
 or Gnidian reed 9 , with ink of a black colour, to which 
 sepia 10 , from the cuttle-fish, is sometimes applied, also 
 called atr amentum libr avium 11 : for writing titles, red 
 ink {minium, rubrica 12 ) was used, and in the middle 
 ages it was in general use for the capital letters, es- 
 pecially for ornamenting the first letter of a chapter, 
 as well as other inks, and gold and silver, and also 
 for adorning pages. A species of red ink called en- 
 caustum, whence inchiostro and ink are derived 13 , was 
 reserved by the emperors of the Eastern empire for 
 signing their edicts. It was a very ancient practice to 
 polish parchments with pumice-stone, and prepare them 
 with cedar-oil, in order to smooth their surfaces and 
 preserve them from vermin 14 . 
 
 1) Cf. Virg. JEn. 3, 444. 2) Liv. 10. 43. 3) Sheets, scJie- 
 dce, or slips, philyrce, of bark, were united by glue so as to form a 
 broad leaf ; on the art of making and preparing this paper, and on 
 all concerning its use, qualities, etc. consult Pliny, 13, 12. Some of 
 the finer sorts were named after the emperors or great personages, 
 as charta Augusta, Liviana ; a species of flattery still in practice : 
 see Plin. ib. who, concerning the qualities of paper, says, " Praeterea 
 spectantur in chartis tenuitas, densitas, candor, laevor. Primatum 
 mutavit Claudius Caesar- Nimia quippe Augustae tenuitas tolerandis 
 non sufnciebat calamis ; ad hoc transmittens litteras liturae metum 
 
s-ect. 424.] ROMAN ANTIQUITIES, 493 
 
 adferebat," etc. " Praelata omnibus Claudia : Augustae in epistolis 
 auctoritas : Liviana suam tenuit, cui nihil e prima erat, sed omnia e 
 secunda.*' The commonest sort was calbd shop-paper, "emporetica, 
 quae, inutilis," says Pliny, " scribendo, involucris chartarum seges- 
 triumque in mercibus usuin prasbet." Of recent writers see, among 
 others, Jos. Scaligeri Animadvv. in Melch. Guilandini Commen- 
 tarium de Papyro. 4) See Theophr. Hist. Plant. 4,9; Plin. 13. 
 11. 5) Quint. 10,3: " Seribi optiiae ceris, in quibus facillima 
 est ratio delendi, nisi forte visus infirmior membranarum potius usum 
 exiget : qme, ut juvant aciem, ita crebra relatione, quoad intinguun- 
 tur calami, morantur man um et cogitationis impetum frangunt." 
 6) Cf. Plin. Epist. 1,0. 7) Concerning the materials for writing 
 used in the twelfth century, there is a remarkable passage in Peter 
 Venerabilis contra Juda30s(ap. Duchesne Bibliotheca Clun. p. 1069- 
 1070.), who says, " Cujusmodi librum ex pellibus arietum, hirco- 
 rum, vel vitulorum," or " Ex biblis, vel juncis orientalium paludum, 
 aut ex rasuris veterum pannorum," etc. This passage Heeren quotes 
 (Gesch. d. Stud. d. class. Litter.), and asserts that paper made of 
 cotton was in common use in the west of Europe. 8) Cf. Hor. 
 
 Sat. 1, 10, 27; A. P. 293; Cic. pro Arch. 5; Verr. 2, 76. 
 9) Cf. Plin. 16, 36. 10) Cf. Vitruv. 7, 10 ; Plin. 27, 7; Ovid. 
 
 Am. 1, 12 ; cf. Stieglitz, Archaeol. Unterhalt. p. 147. 11) Pers. 
 3, 12 : " Tunc queritur, crassus calamo quod pendeat humor, 
 
 Nigra quod infusa vanescat sepia lvmpha." 
 12) Cf. Ovid. Trist. 1,1,7; Juven. 14, 192 ; Pers. 5, 90. 13) Cf. 
 Cod. Just. 1, 23, 6. 14) Ovid. Trist. 1, 1 : 
 
 " Nee te purpureo velent vaccinia fuco. 
 Non est conveniens luctibus ille color. 
 Nee titulus minio, nee cedro charta notetur : 
 
 Candida nee nigra cornuafronte geras. 
 Nee fragili gerainae poliantur pumice frontes ; 
 Hirsutus passis ut videare comis." 
 Cf. Cat. 1, 2. 22, 8; Tib. 3, 1, 10 ; Hor. A. P. 332 ; Pers. 1, 42. 3, 
 10. 
 
 424. The Roll 1 was the earliest form of books; it 
 was formed by glueing several single sheets into one 
 (see the note on protocollum 2 ), which was rolled on a 
 cylinder of wood, bone, or ivory, and tied round with a 
 riband or string, tcenia ovfilum ; the extremities of the 
 roller which projected were called cornua 3 , umbilici. 
 Pervenire, adducere ad umbilicum 4 , to finish or com- 
 plete a work, is taken from these terms. The title was 
 frequently written on a roll of smaller size detached 
 from the volume, which some say was the pittacium 5 : 
 still the square form was not unusual in books, even 
 from early times, the leaves being joined together with a 
 
494 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 wire or leather straps, such as those called SeXrot,, codi- 
 ces, codicilli, latercula ( 237). In these the pages were 
 written on on both sides, and hence they were called 
 by the Greeks 67ria66<ypa<j>a 6 : on the rolls, they wrote 
 only on one side of the sheets 7 . The diptycha, $i7rTv%a, 
 were tablets of a particular kind, consisting of two 
 tablets only, whence the name, and frequently of value, 
 being made of ivory, ornamented, and presented by 
 magistrates when entering on office to their friends 8 : 
 hence the terms diptycha consularia, qucestoria ( 189). 
 Scribes or secretaries were distinguished by various 
 titles in Latin, librarii, excerptores, notarii ( 235) ; 
 and in Greek, /caWiypdfoi, rayyypafyoi, ^(pvaoypd<f>oo. 
 
 1) Cf. Ovid. I.e.; Tib. 3, 1 : 
 
 * Lutea sed niveum involvat membrana libellum, 
 Pumex et canas tondeat ante comas. 
 Summaque prsetexat tenuis fastigia chartae, 
 
 Indicet ut nomen littera facta tuum. 
 Atque inter geminas pingantur cornua frontes." 
 2) Protocollum, the first sheet of the roll, and iaxaroKoikiov the last. 
 These words are derived from KoWa, gluten ; or, according to Scali- 
 ger, from ku>\ov. (Animad. ad Guil. Comm. p. 50.) See the anno- 
 tators on Cic. ad Att. 13. 25. On the word macrocolla, and on 
 Martial : 
 
 " Lectis vix tibi paginis duabus 
 Spectas IoxcltokuAiov, Severe ;" 
 where some read loxaroicoWiov. Also Mart. 4, 91. 4, "suramam 
 schedam," meaning, the last sheet. 3) Cf. Ovid, et Tib. loc. 
 
 citat. 4) Hor. Ep. 14, 8. Cf. Mart. 4, 91, 2: " Jam pervenimus 
 usque ad umbilicos." 5) Cf. Hugo, " De prima scribendi 
 
 origine," p. 356. 6) Cf. Plin. Ep. 3, 5, 17. 7) Cf. Juven. 1, 6. 
 8) Cf. Symm. Ep. 2, 80. 5, 54; Cod. Theod. 15, 9. 1 and 2. 
 
 INSCRIPTIONS. 
 
 425. The custom of affixing inscriptions on build- 
 ings, tombs, altars, statues, etc. was very prevalent 
 among the Romans, and there are still extant a great 
 number on stone and marble ; the greater part of them 
 have been published or explained by different authors, 
 Gruterus, Donius, Muratori, Marini, and others ; 
 especially the more remarkable inscriptions : they are 
 
sect. 425.] ROMAN ANTIQUITIES. 495 
 
 of great use in elucidating the ancient forms of the 
 language and the style of such compositions, and of 
 still greater use in illustrating customs, religious prac- 
 tices, and the mode of government. A knowledge of 
 the language and of the mode of writing is requisite for 
 interpreting these inscriptions, and for applying them 
 to the purposes of criticism. The difficulties lie partly 
 in the formation of the letters, and partly in the abbre- 
 viation of words ( 422) ; having mastered which, we 
 understand by single letters standing apart, either the 
 surnames of magistrates and public men, or else com- 
 mon words and forms of conventional use ; at other 
 times, by supplying omitted letters, or by deciphering 
 those which are combined, we overcome the other diffi- 
 culties of the inscriptions ; and on this subject there are 
 several works of different authors. I shall, for the 
 sake of examples, subjoin words and sentences usually 
 expressed in inscriptions by their initial letters 1 . Of 
 single letters A stands for ante, anno, absolvo ( 277), 
 Augustus ; A. A. stand for Augusti, and of surnames 
 Aulus; B. for bene, beatus, Balbus ; C. for civis, con- 
 jux, cohors, centurio, condemno (277), Caius; D. for 
 decuria, domus, dedit, Decius ; A. P. cedilitia potestas ; 
 T. P. tribunitia potestas ; A. S. S. a sacris scriniis 
 (235); D. D. dono dedit ; AR. DD. aram dedicavit ; 
 C. C. S. curatum communi sumtu; C. F. Call films, or 
 carissima fcemina; S. C. senatusconsultum ; U. R. uti 
 rogas ( 165); A. L. F. animo lubens fecit; AN. V. 
 P. M. annos vixit plus minus ; C. V. P. V. D. D. 
 communi voluntate publice votum dono dederunt vel de- 
 dicaverunt ; D. S. P. F. C. de sua pecunia faciendum 
 curavit; D. M. V. diis manibus votum, etc. 
 
 1) A brief list of these is given by Champollion-Figeac Resume 
 d' Archeol. v. 2. p. 143. Nieupoort gives a more comprehensive 
 one in his work on Rom. Antiq. : Appendix de notis Romanorum 
 sive siglis maxime mcmorabilibus. The word sigla must not be 
 misunderstood here ; sigla properly mean, short-hand notes. 
 
496 ROMAN ANTIQUITIES. [p. n. c. I. 
 
 426. Some inscriptions are remarkable for their age 
 or language and writing only, others for the subject 
 they contain ; and therefore, if public inscriptions, they 
 are of far more value than private ones, of which so 
 many, especially sepulchral ones, are extant. Among 
 the most ancient are the mutilated portion of the in- 
 scription on the base of the Columna Rostrata (A. U.C. 
 494), which was renewed under Tiberius *, and disco- 
 vered in 1565 2 ; the senatus-consultum concerning the 
 Bacchanalia ( 328) A. U. C. 566, on a plate of brass, 
 discovered in 1640; a less known inscription on Lucius 
 Scipio, of the date 495 A. U. C, is anterior to this last. 
 The monument at Ancyra, inscribed with the actions 
 of Augustus, discovered in 1553, and the fragments of 
 the fasti Capitolini, brazen plates formerly suspended in 
 the Capitol, are far posterior in date to the foregoing 
 ( 334). To this kind of inscriptions also belong many 
 relics, the preservation of which is owing to the custom 
 among the ancients of engraving laws and decrees on ta- 
 bles of brass. Of these, entire decrees and fragments re- 
 main, such as the law de civitate Gallis danda at Lyons, 
 discovered 1529 : the lex G allies Cisalpince, A. U. C. 
 664, found in 1760; lex miscella Heracleensis, later than 
 A. U. C. 664, discovered in 1732. Of the decrees of 
 the emperor Vespasian two are extant, de cedificiis ne- 
 gotiations causa non diruendis ; the one found in the 
 middle of the fourteenth century is of doubtful origin, 
 and others, as the tabula alimentaria or obligatio prce- 
 diorum of Trajan, concerning which, consult Haubold's 
 Institt. J. R. Litter, vol. I. p. 245 ; and Beck, Grun- 
 driss der Archaeol. p. 110 and sqq. 
 
 1) Cf. Suet. Galba 23. 2) The inscription on the base of the 
 column to Duillius begins thus, according 1 to Ciacconio (see Thes. 
 Graev. v. 4. p. 1807) ; " C. Bilios. M. F. Cos. advorsom. Cartacini- 
 enses. en Siceliad. rem. cerens. ecestanos. cocnatos. popli. Romani. 
 artisumad. obsedeone, etc.;" but of this nothing but the letters 
 A N O in the word ecestanos remains in the original inscription : 
 whole words still legible are castreis, exfociont, cepet, enque eo- 
 dem, navebos marid consol primos , navales primos ornavet, etc. 
 
sect. 427.] ROMAN ANTIQUITIES. 497 
 
 COINS. 
 
 427. The inscriptions on coins and medals must be 
 distinguished from the foregoing ; medals were gene- 
 rally of brass, and do not seem to have been all ex- 
 cluded from circulation ; they are also on a larger scale 
 than current coin, which is distinguished by the letters 
 S. C, meaning that it was struck by order of the senate ; 
 these letters generally occur only on brass or copper 
 money, seldom on gold and silver coin f . 
 
 The science of Numismatics has been often treated 
 of: we shall make the following remarks on it: 
 
 Of Roman coins, some are styled consular or family 
 coins, under which are also classed those bearing no 
 name of a family 2 , and coins of the emperors : there 
 is a continued series of the former from the date of the 
 expulsion of the kings, and of the latter, from the great 
 men who overthrew the Republic, Pompey the Great, 
 Julius Caesar, Antony, etc., to the last of the Caesars 3 . 
 The marks on coin (current money) denoted its va- 
 lue, thus : on the as, I, on the half as, S (semis) ; on 
 smaller subdivisions of the as, little dots denote the 
 number of unciae : on the sestertius, II. S. or H. S. ; on 
 the quinarius, V. or Q.; on the denarius X. On the 
 coins of the Caesars generally the year of the tribune- 
 ship, the same as that of their reign, is marked : on the 
 obverse ( pars postica, aversa, adversa) is the head of 
 the emperor. On the consular coins the image of the 
 founder of the family was stamped, as that of Numa on 
 the coins of the family Calpurnia, and of Venus on those 
 of the Julian family. On the earliest coins, on one side 
 was the figure of the two-headed Janus, or of some 
 animal; on the other side the rostra of ships, or a ship. 
 Among other figures on coins are cars drawn by two 
 or four horses, the goddess Rome, Augusta, Victory, 
 triumphal processions; and buildings, such as the 
 Capitol, Naumachiae, the Circus, and other edifices, 
 
 k k 
 
498 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 besides emblematic representations of genii, virtues 
 and of public prosperity ; as of Peace, Health, Abun- 
 dance. The variety of emblems is as endless as the 
 variety of symbols, inscriptions, and marks, explanatory 
 of the emblems. Coins were named, according to the 
 figures on them, victoriati, bigati, quadrigati : and 
 they were termed serrati, from their edges being milled ; 
 or incrustati, that is, plated, when they consisted of brass 
 or copper gilt or silvered ; also contorniati, when a rim 
 of a different kind of metal surrounded them 4 . 
 
 1) Cf. Champollion-Figeac, Archeol. v. 2. p. 276. 2) See 
 
 Millin, Introd. a l'etude de 1' Archeol. p. 294. 3) Concerning 
 
 which Champollion says : " Ces personnages, Cesar excepte, n'ayant 
 exerce aucune autorite legale, leurs medailles seraient aussi bien 
 placees parmi celles des families Romaines." 4) See Ernesti, 
 
 Archaeol. litter, p. 52; Stieglitz is of a different opinion, Archaeol. 
 Unterhalt. p. 50. 
 
 MANUSCRIPTS. 
 
 428. But a small portion, however, of the relics of 
 ancient literature, is contained in inscriptions: manu- 
 script copies of the works of ancient authors, by far the 
 most precious monuments and remains of antiquity, 
 have reached us, and their distribution over Europe 
 created a new era in literature. 
 
 A great number of Greek and Latin manuscripts 
 exist, though but a small portion of the whole of an- 
 cient literature is preserved to us ; their value and use- 
 fulness, in many particulars, have not been impaired 
 by the printing of the works they contain ; and we still 
 see instances of lost works and fragments of ancient au- 
 thors being discovered in MSS., particularly in those 
 called Palimpsesti ; viz. those where the original writ- 
 ing has been written over ; and many of the middle 
 ages still are concealed in libraries, which deserve pub- 
 lication on many accounts. 
 
 As for the age of ancient MSS., whether Greek or 
 Latin, it seems agreed that not only none are extant 
 
sect. 429.] ROMAN ANTIQUITIES. 499 
 
 in the writing of their respective authors, but also that 
 none have been preserved written in the classical ages, 
 except perhaps a very few, and of them great doubts 
 are entertained. Few even are so early as the sixth 
 century of the Christian era. The more ancient are 
 distinguished by being written in capital letters, similar 
 in shape to those found on ancient monuments and 
 coins, though this is an uncertain test, as frequently a 
 skilful modern imitator succeeds in copying exactly the 
 more ancient handwriting. The introduction of stops 
 and commas, the contraction of the diphthongs, the use 
 of the dot over the letter I, which, as well as the use of 
 accents in Greek, is of modern invention, besides the 
 smaller and connected letters ( 422), serve to point out 
 a MS. of a later age. From the smaller and connected 
 letters, the Gothic, Lombard, and French letters, and 
 most modern texts, have been derived. The MSS. of 
 the ninth and tenth centuries are in a clear and elegant 
 style of penmanship ; those of later date exhibit thicker 
 letters, abbreviations, which afterwards became still 
 more multiplied, besides letters of an extended form to 
 fill up the lines, and flourishes, which increase the dif- 
 culty of deciphering them. 
 
 429. The most ancient Latin manuscripts from which 
 the modern forms of printed letters have been bor- 
 rowed, are the Florentine MS. Virgil, called the Codex 
 Mediceus ; the Vatican MS. Virgil, thought to be of 
 the fifth century ; the Vatican MS. Terence, in square 
 capitals, adorned with pictures of the characters ; and 
 the Florentine MS. of the Pandects. 
 
 Having thus given an outline of the literature of the 
 Romans, I intend to subjoin some notices of their arts, 
 without attempting to treat of the theory or history of 
 those arts ; for the study of Antiquities seems to allow 
 of my giving an account of both, without entering on 
 the theory and history of either. 
 
 k k 2 
 
500 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 THE STATE OF THE ARTS AMONG THE 
 ROMANS. 
 
 430. The Romans, who were inferior to the Greeks 
 in most branches of learning ( 417) were still more 
 backward in the arts, properly so called in their re- 
 stricted sense, than in literature l . 
 
 However, even in the times of the kings and the early 
 days of the Republic, they constructed architectural 
 buildings, such as the Capitol, the cloacae and aque- 
 ducts, and we read of statues erected at that period to 
 illustrious men ; but they were indebted then, as in 
 later times, to foreign nations, for their architects and 
 artists, who were generally Etrurians or Campanians. 
 
 When the empire had extended itself, they continued 
 their early practice, by abandoning the execution of 
 works of art to Greek artists, and collected from Greece 
 principally, but also from Syracuse, and from the plun- 
 der of Corinth by Mummius, from Macedonia 2 , and 
 from Asia, countless monuments of art for the embellish- 
 ment of the city 3 , and latterly for that of private houses 
 and villas ; but they confined their love of the arts to 
 the ostentatious exhibition of specimens, the fruits of 
 their conquests, without cultivating the arts themselves. 
 
 However, the pride they took in thus adorning their 
 city and houses, which rose to its highest pitch under 
 the Caesars, manifested itself in the decoration of 
 temples, porches, triumphal arches, circi, and theatres 
 with statues and pictures, the most perfect productions 
 of the arts, and in the construction of public buildings, 
 the wonders of architecture, whose ruins still attest 
 their beauty and magnificence, the works of Grecian 
 artists who flocked to Rome. 
 
 Architecture, painting, and modelling which com- 
 prises sculpture and the execution of medals, are among 
 
sect. 431.] ROMAN ANTIQUITIES. 501 
 
 the arts of which specimens are still in existence, and 
 which will here be noticed : as well as music and musi- 
 cal compositions, which, although of a different class, 
 must be mentioned here. 
 
 1) Cf. Cic. T. D. 1, 2. 2) Cf. Veil. 1, 11. 3) Cf, Cic. 
 
 Verr. 4 ; Juven. 8, 102 : 
 
 Cum Parrhasii tabulis signisque Myronis 
 Phidiacum vivebat ebur, nee non Polycleti 
 Multus ubique labor ; rarse sine Mentore mensae. 
 Inde Dolabella est, atque hinc Antonius, inde 
 Sacrilegus Verres, referebant navibus altis 
 Occulta spolia et plures de pace triumphos. 
 
 431. Distinctions are to be drawn between sculpture, 
 properly so called, and carving, scalptura; modelling, 
 plastice, is also distinct from both, inasmuch as the mate- 
 rials on which it was employed were different. The ma- 
 terials used in modelling were wax, chalk, clay, gypsum, 
 etc., and those who worked in it were called plast(e it fic- 
 tores, cerarii, statuarii ; the materials of the sculptor 
 were harder 1 , such as wood, stone, marble, and ivory; yet 
 some apply the term sculptor exclusively to workers in 
 wood, but we may well inquire on what authority 2 , and 
 what term they apply to the worker in marble or ivory. 
 Scalptura is applied principally to working on gems, 
 and in this case may be translated engraving or carv- 
 ing 3 . Cartatura is applied sometimes to works pro- 
 duced by the graving-tool, but more frequently, and 
 with more propriety, to works en relief ; toreutice*, 
 generally to productions of the lathe, and the turner's 
 art. Statuary, as the word itself proves, is applied to 
 the formation of statues, not to bronze or brazen sta- 
 tues only, as some argue, though it does apply to them 
 principally. 
 
 1) TXvQik)), glyptice, from y\6(t>w, as well as y\v<pe7ov, are connected 
 by their etymology to this word ; as are also y\d<poj and scalpo ; 
 also ypdcpo and gcribo. 2) Cf. Heind. ad Hor. Sat. 2, 3, 22. 
 
502 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 3) Cf. Hor. Od. 3, 11, 51 ; Plin. 37, 1 and 10. 4) From t6 P oq, 
 rojotuw, connected by meaning and derivation with tero ; cf. 
 "Evandri manibus tritum;" Hor. Sat. 1,3,91, and the note of 
 Heindorf; cf. Schneid. Lex. in ropevco. 
 
 4>32. As to the materials used for modelling i, doubt- 
 less the softer kinds were first used, and some have 
 attempted, but not convincingly, to trace the origin of 
 the art to works moulded in clay, though very many 
 ancient works of baked clay, terra-cottas, are still in 
 existence. Gypsum (plaster of Paris) was first used 
 for adorning apartments and walls of houses. Lysis- 
 tratus, the brother of Lysippus, is said to have been 
 the first to model the human form in gypsum from the 
 face itself, and casts from statues 2 , and also to have 
 cast molten images of wax, which doubtless was early 
 used by modellers ; such were the statues of the noble 
 at Rome ( 132). The metals first used, whether in 
 beaten or cast works 3 , were gold and silver, and the 
 most commonly used was brass, whence ces Deliacum, 
 Corinthiacum, cera Myronis ; iron was not used till 
 very long after. 
 
 Wood was undoubtedly the first material employed 
 for statues and carving in general ; of it were made the 
 statues erected to the conquerors at the Olympic games : 
 and it was usual to make the statues of gods of the pe- 
 culiar tree dedicated to them. The most generally 
 used woods are described as being that of the fig-tree, 
 the cypress, cedar, maple, box, and ebony 4 . The use 
 of marble and ivory, though of early date, was later 
 than that of wood; they were employed during the 
 golden age of sculpture in Greece even in colossal sta- 
 tues, such as that of Jupiter at Olympus, by Phidias. 
 The most esteemed marbles 5 and stones were, the Pa- 
 rian, the Pentelic, the Spartan, Phrygian, Carystian, 
 Coralitic, Augustan, Tiberian marbles 6 , etc. ; porphyry, 
 alabaster 7 , granite, of which obelisks were made by the 
 Egyptians, and basalt, frequently used by them and 
 
sect. 433.] ROMAN ANTIQUITIES. 503 
 
 by the Greeks. Many also suppose the most precious 
 vessels of the ancients to have been made of stone, such 
 as are called murrhina or murrhce. Finally, glass was 
 frequently and in early times used, especially in making 
 vases embossed with figures. 
 
 1) Cf. Plin. 35, 12. 2) Plin. 35, 12 : " Crevitque res in tan- 
 tum, ut nulla signa statuseve sine argilla fierent." 3) Cf. Plin. 
 
 35,12. 4) Cf. Juven. 8,103: " Phidiacum vivebat ebur." 
 
 5) Some of which were adapted to works of sculpture, some for the 
 embellishment of porticoes, palaces, baths. This is noticed in Stat. 
 Sylv. 1, 5, 34: " Non hue admissae Thasos, aut undosa Carystos. 
 Moeret onyx, longe queriturque exclusus ophites. Sola nitet flavis 
 Nomadum decisa metallis Purpura, etc. ;" cf. ib. 1, 2. 148, 4. 2, 26. 
 
 6) See Excurs. 4. ad Ernestii Archaeol. litt. edit. Martini. 7) Ala- 
 bastron ; see Schneid. Lex. aXafiaaTpov, Plin. 37, 10. 8) Cf. 
 Prop. 4, 5, 26, " Murrheaque in Parthis pocula cocta focis ;" Plin. 
 33. praef. 37, 2 ; Juven. 6, 155 ; Mart. 10, 80, 1; Suet. Aug. 71. 
 " E murrha bibere," Mart. 4, 86, 1. 
 
 433. The colossus of Rhodes, that of Nero at 
 Rome, and of Jupiter at Olympus, were the largest sta- 
 tues of antiquity; there were, however, many colossi at 
 Rome 1 . Minute images were called sigilla. Iconicae 
 (imagines, simulacra), were busts or half lengths. Be- 
 sides statues of persons on foot or on horseback there 
 were some in chariots drawn by two or four horses, and 
 clothed either with the toga or pallium, or naked, 
 and sometimes with, sometimes without inscriptions. 
 Statues of marble and wood also were frequently co- 
 loured all over, or else in parts only, as on the hair, 
 and brazen statues were often gilt ; eyes of silver or 
 gems also were usually inserted. Hermae were statues 
 of a peculiar kind, and consisted of a head only on a 
 square pedestal or trunk, or the head and shoulders, 
 sometimes the arms also, and afterwards, as they say, 
 the whole trunk to the legs. It was also usual to affix 
 two or three faces, either of the same or different coun- 
 tenances, to one trunk ; such were the Hermathenae 2 . 
 
 1) See Pit. in Col. 2) Cf. Cic. ad Att. 1, 4. 
 
><M ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 434'. Embossed or projecting figures were called by 
 the Romans opera cculata, and most of those mentioned 
 under this head were of metal : some even, notwith- 
 standing the root of the word, maintain that figures of 
 metal, either wrought, or cast in moulds, were properly 
 styled ccclata; Heyne 1 , with others, maintains that 
 such only were called toreumata 2 by the Greeks. If 
 metal figures only are to be called ccelata, we shall 
 be at a loss what term to apply to figures of marble, 
 glass 3 , wood, or gypsum : for there were various mate- 
 vials employed. 
 
 However, there wore two kinds of such works; one, 
 in which the figures projected from, or only adhered 
 to, a plane or convex surface (e/crvTra, irepifyavrj), in 
 alio relievo, another kind in which the figures projected 
 slightly {avilyXvfya, irpocrrvTra), in basso relievo. These 
 were much in use, particularly on buildings, triumphal 
 arches, sepulchres, on lamps, arms, and vases. Drinking 
 els were also thus ornamented. Of these specimens 
 o( ancient art, innumerable small ones, and not a few 
 large ones, are preserved; some valuable from their 
 t antiquity, others from the subjects they illustrate 
 or the skill they exhibit, particularly those that deco- 
 rate the column of Trajan. 
 
 I) C CiC. Voir. % 68. t. 18. It may, however, he doubted, 
 
 whether carved metal be evei termed tortuma : for in Pliny*! 
 timo the WOtd tortttticc was applied not only to raised anil om- 
 
 d, hut also to earved or engraved Bgorea, without refer e n ce to 
 
 the material employed] this is evident from many passages: its 
 meaning is uncertain in Mart. 4, 89, J i and it", > s 7, 16, " rhidiad 
 toreama ornhV Tnopotter*i art is also called fortwsM ly the same 
 writer, -t. 40\ h>, ami 14, \&2, toreumarotae. 2) Antiq. Anaf 
 p. SLp, 1-7 ; iee Schneid. Lex, in i^ w a a - 3) C I lor. Sat 1,8, 
 
 91 ; Mart. I -J. 70. ". 
 
 435. Incised figures, ^intaglio), are the contrary to 
 embossed figures, hut also come under the head oi'ca- 
 hda in the widest It is natural to suppose that 
 
sect. 436.] ROMAN ANTIQUITIES. 505 
 
 they were very common, principally on glass, me- 
 tals, and gems. Concerning these I shall make some 
 concluding remarks, for as for medals I have already 
 said enough. 
 
 Of gems, (antiques), some were carved with project- 
 ing figures, as those of scarabcei 1 , numbers of which are 
 still preserved {gemmce, ccelata, ectypce, anaglyphicce, 
 cameos) ; others with figures hollowed out of the gem, 
 diaglyphicce, as they are termed by writers on anti- 
 quities ; of these the most common are the gems on 
 signet rings 2 , gemma annularis, annulus impressorius, 
 gemma uda 3 , (see note), <r(f)payfc f haKTvXios. Em- 
 bossed carvings were better adapted for ornaments, and 
 are found on vases, hence vasa gemmata t as well as on 
 parts of dress, particularly women's dress; on belts, 
 clasps, armlets, and fringes (limbi). Many ancient 
 specimens attest the wonderful perfection to which 
 Greek artists attained in engraving gems ; and the Ro- 
 mans were very curious in collecting cases of rings, 
 dactyliothecce, many of which are mentioned as being 
 at Rome; among these that which Pompey the Great 
 took from Mithridates, and dedicated to Jupiter in 
 the Capitol. 
 
 1) Millin, Introd. a l'etude de PArcheol. p. 152, " On peut regarder 
 la partie superieure des scarabees qui est en relief, comme de veri- 
 tables camees ;" cf. Champollion, Resume d'Archeol. v. 2. p. 11. 
 
 2) The Dactyliothecaof Gorlseus is a work on this subject. Almost 
 all the gems or rings mentioned in it are engraved, not embossed. 
 
 3) Ovid. Am. 2, 15, 16, " Neve tenax ceram siccaque gemma trahat, 
 Humida formosae tangam (annulus) prius ora puellae ;" also Trist. 
 5, 4, 5, " Nee, qua signabar(episfc>/a), ad os est Ante, sed ad madidas 
 gemma relata genas." 4) Gemma is used also for a vase, as 
 gemma bibere ( Virg. Georg. 2, 506) ; murrheus onyx, Prop. 3, 8, 22. 
 
 436. An infinite variety of subjects is found in both 
 kinds of gems, but the larger gems and the greatest vari- 
 ety of subjects are found on signets, on which were gems 
 from the size of a pea to that of a palm ! . And in choos- 
 ing precious stones connoisseurs paid regard not so 
 
506 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 much to its value as to its other qualities, esteeming the 
 art shown in engraving it above the material. Thus 
 they preferred those which by their hardness received 
 a more durable engraving 2 ; and the transparent ones, 
 such as the opal, chalcedony, chrysolite, emerald, be- 
 ryl, and especially the onyx, cornelian, agate, and jas- 
 per ; also on account of the beauty of. the colours they 
 reflected they wonderfully admired gems composed of 
 minute layers (onyches, sardonyches, etc.) They even 
 selected the minutest gems, which exhibited a multi- 
 tude of figures, almost incredible on so confined a sur- 
 face, accurately delineated, yet so as scarcely to be dis- 
 tinguished by the eye, whence some have argued that 
 the artists who executed them could not but have used 
 microscopes. This will be sufficient on the art of model- 
 ling, in which Phidias, Polycletus, Alcamenes, Ago- 
 racritus, Scopas, Praxiteles, Myro, Lysippus, and Men- 
 tor excelled 3 : these names may partly be classed under 
 three divisions, as having wrought in three different pro- 
 gressive styles; first, the rude and unformed ; then that 
 of Phidias and Polycletus, noble and grand, yet re- 
 taining something of pristine harshness; lastly, the 
 style of Lysippus, soft and beautiful : on which subject 
 connoisseurs have written ad satietatem. 
 
 1) Consult Millin, Introd. a l'etude de l'Archeol. p. 201, where 
 the sardonyx of Tiberius is mentioned as the largest of all antiques ; 
 and p. 204, where they are spoken of as resembling pictures. 2) It 
 may be doubted whether the ancients ever cut the diamond : Millin 
 says that they did not, p. 113, adding that some counterfeits have 
 been sold for antiques. 3) See Plin. 36, 5. 
 
 PAINTINGS 
 
 437. The art of painting 2 is divided into drawing, 
 pictura linearis , the fiovoypafijjuos 3 of the Greeks, and 
 painting the imitation of natural objects in their natural 
 colours. Its origin is attributed to the circumstance of 
 some one having traced with a pencil the shadow of the 
 
sect. 437.] ROMAN ANTIQUITIES. 507 
 
 object to be copied 4 . At first but one colour was applied 
 to any figure 5 , fiovo'XpcofjLaTa 6 , and the most usual colour 
 was vermilion, minium, fjutXros ; gradually others were 
 employed, but for a long period not more than four 7 , and 
 they even simple and harsh; black, atramentum; red, 
 sinopis Pontica; white, melinum; flesh colour, sil, a 
 kind of red ochre : afterwards brighter colours were 
 introduced, and hence ancient painting is divided into 
 two epochs 8 . They mixed the colours either with 
 water only or with other liquids, such as vinegar : the 
 use of oil is of very recent date. It is also certain that 
 the ancients employed wax in mixing their colours : it 
 was either applied liquid with a brush, to which method 
 the term K^po^vrov is applied, or else it was burnt in, 
 whence it was called encaustum, (encausto pingere) 9 , but 
 the method in both cases is very imperfectly under- 
 stood 10 . There was another method for encaustic paint- 
 ing, in which the outline of the figures was traced by a 
 hot steel, and colour n applied into the hollows : to this 
 practice cestrum, (cestro pingere, Kearpcocros) applies 12 . 
 
 1) The following lines are translated by me, from the Greek of 
 A. G. Schlegel, in his Ars Graecorum, which I consider worthy of 
 perusal from the references they contain to the opinions and criti- 
 cisms of the ancients, as well as the account of the principal artists 
 and works of art in sculpture and painting : 
 
 Quum, pauco tabulas variante, colore nee Indo, 
 
 Nee paries claro murice dives erat ; 
 Aurora veluti lsetum, Polygnote, severo 
 
 Spargebas, motus nee procul atque venus. 
 Nuda juvat Zeuxin lectis componere membris 
 
 Corpora, dia quidem, mens tamen usque silet. 
 Mollis in extremis, oculos fallentibus umbris 
 
 Parrhasii circurn forma rotunda trahit. 
 Ingeniose, tegens, Timanthe, condita prodis ! 
 
 Tristia, Aristides, motaque corda refers. 
 Sed nimium reverente manu perfecta veretur 
 
 Linquere Protogenes ; hunc teretesque magis 
 Audacesque docet motus, cui gratia palmam 
 
 Mirandos inter detulit artifices. 
 O tua, ubi Macedo, qui fulmina vibrat, Apelle, 
 
 Aut tibi quae pictam junxit imago toro ? 
 Quaeve mari subito elatam rorante capillo 
 
 Demersit teneram saeva procella deam ? 
 
508 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 Scilicet ars, oculos specie quae mulcet inani, 
 
 Temporis ilia ferat cuncta terentis onus ! 
 Non solida quoque materie monumenta sororis 
 
 Rapta simul longa sunt simulacra die ? 
 Phidiaco licet ilia ferox rueritque tremenda 
 
 Vertice. pectoribus Gorgona, virgineam 
 Sphinga gerens galea, mortalis nata parentis 
 
 Busta subit Pallas non loca digna diis. 
 Turn pretiosa legens juvenili plastica flore 
 
 Poscebat : fastum vincere materia? 
 Ausa, giganteas elephanto auroque flguras 
 
 Velabat : gemmae, fulmina bina, micant 
 Fronte sub augusta, metuendae lumina divae ; 
 
 Sed terrestre brevi fert decus exitium. 
 Multa quidem ambitiosa minus periere, vel aere 
 
 Fusa, vel e Pariis marmora viva jugis. 
 Non, tibi quae normam doluit natura dedisse, 
 
 Corporis harmoniam nunc, Polyclete, doces. 
 Nee tua succenset Nemesis, Agoracrite, certans 
 
 Alcamenis palmam quod Cytherea tulit. 
 Nusquam Baccha Scopae non Bacchi plena vagatur ; 
 
 Nusquam spectantum corda Cupido petit 
 Pulchre subridensjaculo, quo laesus etipse 
 
 Praxiteles Phrynae finxit amore deum. 
 Ecqua gregemque ducemque moratur vacca Myronis, 
 
 Lysippive fremens surgit aenus equus ? 
 Ecquis adhuc, mollis quam circum spirat acanthus, 
 
 Mentorea phiale Lesbia vina bibit ? 
 
 2) Tpa<piK7] from ypdcpw, whence ypa<pls, graphis, applied also to the style 
 and art of drawing, Phil. 35, 10; concerning which Parrhasius says, 
 " alia multa graphidis vestigia exstant in tabulis ac membranis ejus." 
 
 3) Cf. Jun. de Pict. Vet. 3, 2, 12. 4) Cf. Plin. 35, 3. 5) Cf. 
 Stieglitz, Archaeol. Unterhaltungen, p. 130-165, Malerfarben der 
 Alten. 6) Cf. Plin. 33, 7. 35, 3, 8 and 9, ubi de Zeuxide, "pinxit 
 et monochromata ex albo." 7) Plin. 35, 7, " Quatuor coloribus 
 solis immortalia ilia opera fecere, ex albis melino, ex silaceis Attico, 
 ex rubris sinopide Pontica, ex nigris atramento, Apelles, Echion, 
 Melanthus, Nicomachus, clarissimi pictores ;" whereon Stieglitz re- 
 marks that Apelles and Nicomachus have been incorrectly classed 
 among the more ancient artists ; Cic. Brut. 18, "Similis in pictura 
 est ratio, in qua Zeuxin et Polygnotum et Timanthem, et eorum, 
 qui non sunt usi plusquam quatuor coloribus, formas et lineamenta 
 laudamus " 8) Cf. Cic. de Orat. 3, 25 ; Orat. 50. 9) Cf. 
 Plin. 35, 1 1. 36, 25. 10) Fr. Aug. Walter has attempted to illus- 
 trate this subject, in die wiederhergestellte Mahlerkunst der Alten. 
 Berlin, 1820. p. 44, sqq. : he draws a distinction between causis 
 and encausis, and concludes that the method referred to, consisted in 
 moulding or casting (Einschmelzung), not in burning or branding, 
 which must have destroyed the wax and figures; and that burning, 
 inurere, cannot properly be understood of caustica and encaustica. 
 
 11) Stieglitz says no colour is met with in drawings called cestrota. 
 
 12) Cf. Plin. 11, 37.35,11. 
 
sect. 439.] ROMAN ANTIQUITIES. 509 
 
 438. The most common *, perhaps the most ancient 
 use of painting, was for adorning the walls and ceilings 
 of apartments, which were sometimes varnished with a 
 preparation of wax to protect the colours from the sun. 
 Pictures of this kind were frequent in temples, on mo- 
 numents, and in private apartments, as in those at Her- 
 culaneum. Paintings also were commo non the earthen 
 vessels, terracottas^ of the Etruscans and Greeks, as is 
 proved by the remains of such : they were less common 
 on glass, or on marble ; and in the time of Nero we 
 hear of paintings on linen canvass 2 . In the last place, I 
 shall mention their paintings on panels, tabula, whence 
 the terms tabetics and tabulce, applied to pictures : it is 
 much to be regretted that none of these have reached 
 us. Pictures on tapestry, textiles 3 , are different ( 382), 
 and are not to be confounded with these kinds of paint- 
 ing; also works in mosaic, such as pavements, were of 
 a distinct kind ( 462). 
 
 1) On which subject consult Stieglitz, p. 157, who says that, ac- 
 cording to Bcettiger, paintings were not on the walls themselves, but 
 on wooden pannels (cf. Plin. 35. 10), and that by these the tri- 
 umphs of the art were achieved ; in later times the walls them- 
 selves were painted (fresco) when private individuals imitated 
 public grandeur in ornamenting their apartments. 2) Cf. Plin. 
 
 35, 7. 3) Cf. Lucret. 2, 35 ; Cic. Verr. 4, 1. 
 
 439. Paintings or pictures were, moreover, distin- 
 guished by several names, such as catagrapha (profiles), 
 chorographica, and rhyparographa representations 
 of low subjects or commonplace objects 1 . Distinctions 
 also of a different kind arose from the various schools 
 or styles of painting, such as the distinction between the 
 Asiatic and Helladic styles, and afterwards between 
 these and the Ionic, Sicyonic, and Attic styles. Pic- 
 tures in a single colour, monochromata, which we be- 
 fore mentioned, were among the first attempts of the 
 art : and yet this style was afterwards practised by the 
 greatest painters 2 . The more perfect state of the art 
 
510 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 among the Greeks dates from the time of Polygnotus, 
 who was followed by Apollodorus, Zeuxis, Parrhasius, 
 Timanthes, Aristides, Protogenes, and Apelles, who 
 brought the art to its greatest perfection. Works of 
 no contemptible order 3 at Rome proved the introduc- 
 tion of ancient paintings from the Etrurians or from 
 Magna Graecia. It is commonly said that Mummius 
 brought Greek paintings first from Corinth : after him 
 the conquerors of Asia and Greece introduced number- 
 less specimens of the art. Pliny says that in his time 
 the art was in its last stage. 
 
 1) From pv-rrapog, sordidus. Plin. 35, 10 : " Tonstrinas sutrinas- 
 que pinxit et asellos et obsonia, ac similia, ob hoc cognominatus 
 rhyparographos." 2) Cf. Plin. 35, 9. 3) Cf. Plin. 35, 4. 
 
 ARCHITECTURE. 
 
 440. Architecture degenerated at Rome later than 
 Painting : this art, as well as Sculpture, was brought 
 to perfection by the Greeks, whose scientific structures, 
 together with those of the Egyptians, serve to record 
 the earliest stages of the art in two different styles. 
 Eastern nations imitated generally the imposing yet 
 simple style of the Egyptians ; the Grecian style, 
 uniting beauty and elegance with simplicity, was adopted 
 at Rome towards the close of the Republican era ; at 
 first in public, and afterwards in private edifices, which 
 at length were more conspicuous for their internal than 
 for their external decorations, though in the most 
 flourishing state of the art in Greece, they were most 
 simply constructed : but when the wealth of the whole 
 earth had been heaped up at Rome, the luxury of indi- 
 viduals in building was as great as in other pursuits. 
 
 441 . We have already mentioned detached buildings, 
 circi, theatres, amphitheatres, temples, thermae, and 
 the houses of individuals. The palaces of great men 
 
sect. 441.] ROMAN ANTIQUITIES. 511 
 
 contained halls and porches, mentioned even by Homer, 
 which were introduced into public edifices, partly for 
 use, and partly for ornament: there were different 
 kinds of porches, as double and treble porches, mil- 
 liard, (from their length) ; basilicce, regice and mar- 
 morece. But the greatest distinctions in ancient 
 architecture arose from the three orders of columns, 
 the Doric, Ionic, and Corinthian. The parts of a 
 column were the base, basis, standing on the plinth, 
 stylobates ; on the base stood the shaft, scapus, and on 
 it the capital, capitulum, and on the capital the abacus; 
 the columns supported the trabeatio, which was divided 
 into three parts, the architrave, epistylium, frieze, 
 zophorus, and cornice, corona : the space between two 
 columns was called inter columni um. The Doric was 
 the simplest and most ancient of the orders. The 
 Ionic consisted of a more slender column and a capital 
 adorned with volutes : the last introduced was the Co- 
 rinthian, with a taller capital adorned with leaves in the 
 manner of a basket, particularly acanthus-leaves 1 . The 
 Tuscan is also mentioned among the ancient orders of 
 architecture, and resembled the Doric ; the composite 
 or Italian order, formed by a combination of the Ionic 
 with the Corinthian, was introduced at a later period. 
 Parastatce, parastaticce, pilasters or half-columns, and 
 antce 2 , square pillars, are different from columns. 
 Human figures also were used to supply the place of 
 columns ; those of men were called Telamones and 
 Atlantes ; those of women, usually dressed in the stola, 
 Caryatides*. 
 
 1) See their different styles in Sehlegel's Ars Grsecorum : 
 " Simplice Dora gravis, mollis stat Iona voluto, 
 Fert Ephyres cinctum fronde colurana caput." 
 
 Note on 437. 
 2) Vitruv. : " Trabes supra columnas et parastaticas et antas po- 
 nuntur." 3) From Cariae, a town of Laconia, the women of 
 
 which were called Caryatides ; cf. Vitruv. 1, 1. 
 
512 ROMAN ANTIQUITIES. [p. n. c. i. 
 
 MUSIC. 
 
 442. The word Music had a more extended signi- 
 fication among the Greeks than among the moderns ; 
 for it not only meant harmony, and instrumental and 
 vocal music, but was also applied to sounds and mo- 
 tions regulated by the laws of harmony or versification, 
 and thus applied to poetry, dancing, and mimic per- 
 formances : hence the terms orchestric, scenic, and 
 rythmic music. Omitting, however, the theory of their 
 music, as being foreign to the plan of my work, and 
 using the word in its usual sense, I shall make the follow- 
 ing remarks on the art. Writers attest the excessive 
 love of music among the Greeks, its constant use in 
 religious ceremonies, on the stage, and at feasts, and its 
 astonishing and almost incredible effects on their feel- 
 ings. It would be a most difficult question to decide 
 between the contrary opinions eagerly maintained at 
 present as to the nature of ancient music, and how it 
 differed from the modern, and whether superior or in- 
 ferior to it ; though all seem to agree that the ancient 
 was by far the more simple of the two. The use of 
 music at Rome in war and in sacred rites, was preva- 
 lent at an early period, as we learn from unquestionable 
 proofs ( 144 and 329), though we need not agree with 
 Dionysius Hal. I. 33, in supposing it to have been intro- 
 duced into Latium by Evander the Arcadian, and refer 
 its introduction either to the Etruscans, or to the in- 
 habitants of Magna Grsecia. In later times the music 
 of the Greeks, together with their other arts and 
 sciences, became prevalent at Rome, and from its in- 
 significant beginnings, came to be highly cultivated. 
 The Romans themselves neither despised it, nor yet 
 cherished the art as the Greeks did ; and it does not 
 
sect. 443.] ROMAN ANTIQUITIES. 513 
 
 appear that they practised it in the perfection in which 
 it was introduced among them. 
 
 443. The musical systems of the Greeks prove that 
 the art was long extremely simple among them. The 
 most ancient system was that of the tetrachordon ; Ter- 
 pander is said to have introduced the heptachordon, 
 and Pythagoras the octachordon. The system spoken 
 of as being the most perfect, was introduced long after, 
 and consisted of twenty-two notes. There were for- 
 merly three clefs, modi (yofjuos, apfiov(cu) ; the highest 
 or treble, Lydius ; the tenor, Phrygius; and the lowest 
 or bass, Doricus : when the system was improved, their 
 number was increased 1 . Many musical instruments of 
 the Greeks are mentioned, partly invented by them- 
 selves and partly borrowed from foreign nations. 
 Writers on antiquities have classed them under three 
 heads, according as they were either wind instruments, 
 chorded, or neither, such as the tympanum or tambour- 
 ine, (from TU7TT&),) whence tympanizo, tympanista, tym- 
 panotriba, the crotalum or Castanet, whence crotalis- 
 tria, and the cymbalum, whence cymblista, cymbalis, 
 cymbalistri ; which were all used in the sacred rites of 
 Cybele 2 ( 328). Of a similar species was the sistrum 
 used by the Egyptians in the worship of Isis ( 306), 
 which consisted of a strip of metal bent into an oblong 
 figure with transverse bars 3 . Playing on it was ex- 
 pressed by sistra quatere, concutere, and their sound 
 is described by the epithets crepitantia 4 , tinnula, gar- 
 rula, multisona, applied to sistra 5 . The tintinnabula 
 were different, and differently used. 
 
 1) Cf. Plin. H. N. 7, 56. 2) Lucret. 2, 618: "Tympana 
 tenta tonant palmis, et cymbala circum Concava, raucisonoque mi- 
 nantur cornua cantu, Et Phrygio stimulat numero cava tibia mentes." 
 3) See Apul. Metam. 1. 9 ; cf. Virg. Mn. 8, 696 ; Prop. 3, 11. v. 
 9, 43 ; Tib. 1, 3, 23. 4) Prop. 1. c. " Romanamque tubam cre- 
 
 pitant pellere sistro." 5) Mart. 14, 54 : " Hsec quatiat tenera 
 
 garrula sistra manu." 
 
 l1 
 
514 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 444. Stringed instruments were the lyra and cithara, 
 (whence guitar) ; the difference between these two in- 
 struments is not ascertained, nor is it known whether 
 they differed only in shape ; barbitos is frequently used 
 for either: they had many strings. The parts of the 
 lyra were cornua (7T^%ei?), transtillum, and pons 1 ; it 
 was called also chelys (%??Xvs), or by the Latin term 
 testudo 2 . Instruments less frequently mentioned are the 
 trigonum and sambuca or psalterium, of a triangular 
 shape, and thus resembling the modern harp ; also the 
 nabliu??i 3 , though it seldom occurs. The strings, chords, 
 nervi , fides, fila, were struck by thefingers of the player, 
 fidicem % or by a bow, plectrum or pecten, or by both means 
 at once; hence we meet with the expressions pellere,puh 
 save, ciere, sollicitare, applied to nervos, stamina, fila, 
 and fidibus canere } fides Latince, /Eolice. Among wind 
 instruments are mentioned organs, hydraulica (v&pav- 
 Xisr), which sounded by water driven into their tubes by 
 means of air, of different kinds and uncertain descrip- 
 tion 4 . The more common wind instruments were tibia, 
 (auXo?), the flute, fistula, tuba, buccina, cornua, lituus. 
 The use of the tibia (avXos), ( 329 and 354), was very 
 prevalent among the Romans and Greeks 5 , and from the 
 the uses it was intended for, as well as from its shape 6 and 
 other reasons, there was a great variety of kinds : tibia 
 ossea,buxea, etc.; longa, recta, curva, cava, Phrygia 
 or Idea 1 , Dorica, Lydia ; tibice ludicrce, sacrificce, 
 prcecentorice, nuptiales, dextrce, sinistra, pares, im- 
 pares. Playing on it is termed tibia canere, cantare, 
 tibiam inflare, digitis pulsare, etc. The most usual of 
 the fistulce was the shepherd's pipe, called by the 
 Greeks, syrinx, and also Sovai;, and by the Latins, ca- 
 lamus, arundo, arena ; several pipes were joined side 
 by side, increasing in length from the shortest to the 
 longest, as in Virgil's description of the Pandean reed : 
 " Est mihi disparibus septem compacta cicutis 
 Fistula 8 ." 
 
 
sect. 446.] ROMAN ANTIQUITIES. 515 
 
 1) Cf. Cic. N. D. 2, 59. 2) Cf. Hymn. Horn, in Merc. ; 
 
 Hor. Od. 1, 10. 6, 3. 11,3. 3) Cf. Ovid. Am. 3,3, 27. 4) Cf. 
 Petron. 36 ; Suet. Claud. 21 ; Nero, 41 and 54; Simpl. comm. ad 
 Arist. Phys. 4, 8; Schneid. Eel. Phys. p. 280. 5) Ovid. Fast. 
 
 6, 659, " Cantabat fanis, cantabat tibia ludis, Cantabat mcestis tibia 
 funeribus ;" Quint. 1,8, " Sed veterum quoque Romanorum epulis 
 fides ac tibias adhibere moris fuit ;" cf. Flor. 2, 2. 6) Cf. Hor. 
 
 A. P. 201 ; Ovid. Fast. 6, 697 ; Quint. 1. 11, 17. 7) Cf. Lucret. 
 2, 620. 8) Cf. Virg. Eel. 2, 36. 3, 25 ; Tib. 2, 5, 32, " calamus 
 cera jungitur usque minor ;" Lucret. 4, 590, " quum Pan unco 
 saepe labro calamos percurrit hiantes;" Ovid. Met. 13,784. 
 
 445. The most usual use of the trumpet, tuba, called 
 by the Greeks aakiruy^ 1 , was for proclamations, and 
 for signals (arj/jLatvew), and therefore was princi- 
 pally used in war ( 368) ; hence the expressions ante 
 tubas, tuba pugnce, belli ; and as avena, the reed, was 
 the symbol of, and the expression applied to more hum- 
 ble poetry, so tuba was applied to heroic poetry. The 
 terms in use were tuba canere, tuba signum dare, com- 
 mittere: tubce clangor, cantus raucitas,fr actus sonus, 
 tuba flor alls, tuba funerea 2 . The use of the cornua 
 was also confined principally to war 3 , to the feasts of 
 Cybele 4 , to funerals 5 , and is also used as cornu pasto- 
 rum 6 . The use of the buccina (fiv/cdvr}) in camps we 
 have already mentioned ( 368) ; it is doubted whether 
 it was straight, or as I am inclined to think it was, 
 always bent 7. The lituus was used merely in war, 
 and its use was distinct from that of the tuba and buc- 
 cina: its name, taken from its resemblance to the lituus 
 of the augurs ( 319), proves it to have been of a bent 
 form. 
 
 1) The tuba was straight; see Ovid. Met. 1, 98. 2) Cf. Horat. 
 Sat. 1, 6, 42 ; Prop. 2, 10, 20, "nee tuba sit fati vana querela mei." 
 3) Cf. Cic. pro Syll. 5 ; Hor. Od. 2, 1, 17 ; Virg. JEn. 7,615; Tac. 
 Ann. 1, 68 ; Stat. Theb. 8, 342. 4) Cf. Virg. 7, 513. 5) Cf. 
 Lucret. 2, 619. 6) Cf. Hor. 1. c. 7) Cf. Varro de R. R. 
 
 2, 4. 3, 13; Prop. 4, 10, 29, " pastoris buccina lenti,'' 4, 1, 13, 
 " buccina cogebat priscos ad verba Quirites;" Ovid. Met. 1, 335. 
 
 446. There was another species of musical perform- 
 
 l12 
 
516 ROMAN ANTIQUITIES. [p. ii. c. i. 
 
 ance, which we may call mimica, in use on the stage, 
 either in unison with the voice of the player, mimus, 
 or with his dumb show regulated by the recitation of 
 another actor ; to which pantomimus (fiaWMTfjLos), re- 
 fers : Roscius, Bathyllus, and Pylades, are mentioned 
 as celebrated actors. To this division of musical per- 
 formance also belong the dances of the ancients (bal- 
 lets), either on the stage or at entertainments ( 470). 
 Of these, one was the martial dance evoifXos, per- 
 formed by armed men, such as the Pyrrhicha 1 ; another 
 kind represented the actions of natural life, and may 
 properly be called mimic, and the comcedia planipedia 2 , 
 acted by the planipedes 3 , seem to have partaken of its 
 nature (354), and also the species called chironomia*. 
 Moreover, among the Greeks, dances were of numerous 
 kinds, and distinguished by various names. 
 
 1) Cf. Plin. 7, 56 ; Suet. Cses. 39 ; Nero 12, Pyrrhicharii ; Ul- 
 pian. Pandd. 48, 19, 8. 2) Cf. Juven. 8, 191. 3) Cf. Lyd. 
 
 1, 40, who calls it planipedaria. 4) Cf. Juven. 5, 121 ; Quint. 
 1, 11; Sidon.Apoll. Ep. 4, 7. 
 
sect. 448.] ROMAN ANTIQUITIES. 517 
 
 PART II. 
 CHAPTER THE SECOND. 
 
 447. The manners and customs of nations and cities 
 depend partly on their public institutions and partly on 
 their private dispositions : the first section of my work 
 contained an account of the public institutions of Rome; 
 the manners and customs arising from their dispositions 
 I have considered in the first chapter of my second 
 section : I shall now cursorily treat of their dress, houses, 
 food, and daily routine of life ; their amusements, mar- 
 riages and divorces, the education of their children, 
 funerals, names and families, and the offices and esta- 
 blishments of slaves. 
 
 DRESS. 
 
 448. In the early, sober, and frugal days of Rome, 
 dress partook of the simplicity of their manners, and 
 their clothes, like their kinds of food, were few, and not 
 remarkable for ornament or colours ; they lived more- 
 over in a climate that required little clothing. Thus we 
 hear but of two sorts of habiliments, serving for either 
 sex, and both made of wool, the tunic and the toga; 
 afterwards these were appropriated by the men, who 
 even borrowed from the female costume several species 
 of clothes, as the austerity of manners disappeared. 
 Clothes of linen, which were the earliest among the 
 Asiatics and Egyptians, and introduced from them into 
 Greece, were not of frequent use at Rome until about 
 the close of the Republic ; before that period they seem 
 
518 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 to have been reserved for priests l . The finest kind of 
 linen was called carbasus*, whence carbaseus, carbasi- 
 ?ieus, carbasina 3 , carbasa navium,- also byssus and 
 syndon, (fivo-aos, acvBcov, ctivBovtj); but even the ancients 
 themselves do not sufficiently distinguish between linen 
 and cotton cloths, xylina*-, for there were ofboth kinds, 
 some cheap and common, others precious for their fine- 
 ness of texture and dye 5 , and of common use among 
 the richer classes 6 at Rome under the Caesars : at that 
 period also silken articles, called sericce vestes?, from 
 %7)p, the name of a nation ; also called bombycince, from 
 bombyx, the silkworm, and metaxce 8 or mataxce, from 
 the name of the raw material. Silks, serica 9 , are by 
 some distinguished from bombycina, and sometimes 
 confounded with byssina and xylina ; bombyx and bom- 
 bycina are sometimes also applied to cotton, gossy- 
 pium 10 . 
 
 1) Cf. Plin. 19, 1. 2) Cf. Plin. ib. ; Prop. 4, 11, 54, 3) Tib. 
 3, 2, 21. 4) Of gossypium, cotton, the tree that produces which 
 was called xylon, and also ipiSfyKov. 5) There is a striking pas- 
 sage on the colours of garments in Ovid, de A. A. 3, 169, sqq. 
 6) Cf. Mart. 2, 16. 3, 4. 19, 12. 7) Hence holoserica, applied 
 
 to s tola, vestis ; Varro ap. Non. 14, 6; Vop. Aurel. 45 ; Tac. 
 10 ; Symm. Ep. 4, 8 ; cf. Lampr. Heliog. 26. 8) Ulp. Pandd. 
 
 39, 4, 16. 7 ; Cod. Just. 11. 7, 10. 9) Cf. Prop. 4, 8. 23, 1. 
 
 14, 22 : " variis serica textilibus ;" Mart. 9, 38. 3, 11. 28, 11 ; Hor. 
 Epod.8, 15. 10) Plin. 19, 1 : " Similemque barbatae nucis de- 
 
 fert fructum, cujus ex interiore bombyce lanugo netur." 
 
 449. The toga, as tegumentum, from tego, called by the 
 Greeks rrjfievvo?, consisted of an ample cloth, some say 
 of a square form, others rounded at one side, or alto- 
 gether round, but most probably of a form varying from 
 a square to a circle 1 , hung round the body, being fast- 
 ened over the left shoulder, leaving the right arm free 
 and covering the left shoulder and upper part of the 
 left arm or the whole of it. This is the conclusion 
 drawn by those who have studied statues clothed in the 
 toga 2 . However, there having arisen as sharp a con- 
 troversy on the method of wearing 3 the toga as on its 
 
sect. 450.] ROMAN ANTIQUITIES. 519 
 
 form, we may infer that both varied according to the 
 
 fancy of the wearer and the time when worn. There 
 
 have been some who, adopting the opinion broached by 
 
 Oct. Ferrarius 4 in opposition to Alb. Rubenius 5 , have 
 
 concluded that the edges were sewn together from the 
 
 bottom of the toga up as high as the breast, and thus 
 
 that it was not unlike our present coats: but I doubt 
 
 whether any but Crinitus 6 ever supposed that it had 
 
 sleeves, though many have questioned whether it was 
 
 worn with a girdle or not. They who maintain that 
 
 the toga was sewn up in front seem to have forgotten 
 
 that it was worn in public, not indoors, and that it 
 
 was rather a dress of ceremony than a working dress, 
 
 and similar in use to the cloaks of the present day ; and 
 
 hence we need not wonder that it was so little worn in 
 
 the country 7 . 
 
 I) Quint. 11, 3 : " Ipsam togam rotundam esse, et apte csesam 
 velim," etc. 2) Cf. Thes. Graev. v. 6. p. 578, 620, 1019; cf. 
 
 Quint. 11,3; Tertull. de Pallio c. 5. 3) The terms following 
 
 apply in either case, injicere t amicire, irtpi&dweii', irepi&SKaiov. 
 4) Thes. Graev. v. 6. p. 620, 690, sqq. 1050. 5) lb. p. 1019, sqq. 
 6) See ib. p. 1015. 7) Cf. Juven. 3, 171. 
 
 450. It is certain that the toga was originally of 
 woollen cloth, and differed according to the age, 
 rank, and circumstances of individuals : thus we read 
 of toga crassa 1 , pinguis 2 , alba Candida (cretata), 
 ( 277), pulla atra, sordida, squalida ( 277), vi- 
 rilis {pura, libera), prcetexta, whence prcetextatus 3 , 
 worn by youths and chief magistrates, toga picta, 
 palmata 4 . The modes of wearing it are expressed 
 by restricta, fusa 5 , laxa, demissa; sinus, a fold 
 forming a sort of pouch; umbo 6 , cinctus Gabinus 1 . 
 From the universal use of the toga the Romans were 
 called togati, gens togata 8 , as the Greeks from 
 their use of the pallium, were called palliati 9 , and 
 hence fabula togata ( 354), togatarius, an actor 
 of such, Gallia togata. As the sagum was the 
 badge of war, so the toga was that of civic employments 
 
520 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 and city life ( 368) ; hence togatus is applied to civic 
 magistrates, judges, patrons 10 , etc.: clientes togati, 
 togatuli, and other similar expressions, bear a different 
 meaning. 
 
 1) Hor. Sat. 1. 3, 15. 2) Cf. Suet. Aug. 82. 3) Cf. Juven. 
 2,extr. 4) Cf. Mart. 7, 1, 12. 5) Cf. Juven. 10, 38; Cic. 
 
 Cat, 2, 10, " manicatis et talaribus tunicis, velis amictos, non 
 togis." 6) Cf. Pers. 5, 33. 7) Cf. Virg. JEn. 7, 612 ; cf. 
 
 cinctutus, cinctuti, ezerti, Cethegi ; Hor. A. P. 50, " Cinctutis non 
 exaudita Cethegis;" Luc. 2, 543.6, 794; Lyd. 1, 22. 8) Virg. 
 JEn. 1, 282 ; cf. Hor. Od. 3, 5, 10, " togae oblitus." Suet. Aug. 40; 
 " Ac, visa quondam pro concione pullatorum (?) turba, indignabun- 
 dus et clamitans : En, ait, Romanos rerum dominos gentemque to- 
 gatam, negotium iEdilibus dedit, ne quem posthac paterentur in 
 Foro Circove, nisi positis lacernis, togatum consistere." 9) Cf. 
 
 Cic. Phil. 5, 5 ; Suet. Ca3s. 48. 10) Cf Cic. Cat. 3, 10 ; de Off. 
 1, 23. 
 
 451. Among the most frequently mentioned articles 
 of Roman dress are the Icena, f )(kalva i pcenula, <f>cuvo- 
 \v?, lacerna, lacernula, whence lacernatus 1 , sagum, 
 paludamentmn, trabea. We have already mentioned 
 that the trabea was reserved for kings, knights, and 
 augurs. The sagum was a military dress, and the pa- 
 ludamentum ( 368, see chlamys.) peculiar to officers. 
 The laena was adapted for keeping out cold, the la- 
 cerna and paenula for protection against rain 2 ; and these 
 were therefore used principally by travellers and sol- 
 diers, especially in winter 3 . The use of such garments 
 at Rome was thought effeminate, and formerly was 
 rare, but became more prevalent towards the end of 
 the Republic ; and under the Caesars the toga had gra- 
 dually fallen into contempt and was abandoned to the 
 poorer classes, although I think that even then it con- 
 tinued to be the distinguishing and respectable dress of 
 magistrates and lawyers 4 in office. It is very difficult to 
 draw distinctions between the paenula and lacerna, and 
 between them and the toga. The lacerna is thought 
 to have had a hood 5 , and the laena to have resembled 
 the lacerna, but to have been of two kinds, single and 
 double, one for winter, the other for summer; the 
 
sect. 452.] ROMAN ANTIQUITIES. 521 
 
 paenula 6 longer, and, like the toga, is thought by some to 
 have been sewed up from the skirt to the breast, whence 
 we may conclude that the toga and paenula have some- 
 times been confounded by writers on antiquities. 
 
 1) Cf. Juven. 1, 62. 2) Cf. Cic. pro Mil. 20 ; Quint. 6, 3, 
 
 64 and 66 ; Juven. 5, 79. 3) Cf. Cic. Phil. 2. 30 ; Ovid. Fast. 
 
 2, 746; Prop. 4, 3, 18. 4) Cf. Juven. 2, 65. 5) Cf. Mart. 
 
 1, 99, 10 ; Juven. 6, 1 18 ; Hor. Sat. 2, 7, 55. 6) Cf. Pignor. de 
 servis, p. 263. 
 
 452. However, the above-mentioned garments were 
 not worn on the bare body ; the inner garment of the 
 Romans was the tunica (%n-coi>), whence tunicula, 
 and tunicatus, white, and for men as well as for wo- 
 men, at first made of woollen cloth ; it was worn girt 
 round the waist, and reached to the knee 1 : discinctus 2 
 and succinctus 3 refer to the manner in which it was 
 worn. It formed the only dress of the poor, whence the 
 expression tunicatus popellus 4 ; but the rich never went 
 abroad without the toga over it, as it was unbecoming 
 to do so. The subucula (shirt) worn under the tunic 5 
 was the introduction of a later and more effeminate age. 
 The form and ornaments of the tunic were various, such 
 as manicata, the sleeved tunic, pura, unadorned, talaris, 
 reaching to the heels : the tunica laticlavia G was the 
 badge of senators ; the angusticlavia, that of knights 
 ( 137): it was worn by those who triumphed, picta et 
 palmata. Concerning the meaning of the word clavus, 
 which occurs in other instances, as mappa laticlavia 7 , 
 various opinions are held by antiquaries 8 , but we cannot 
 doubt that the terms arose from the figure of the clavus (a 
 stud) on the dress 9 : a passage in Horace, Sat. I. 6, 28 10 , 
 seems to prove that it was worn on the breast: we have 
 many proofs that it was of a purple colour 11 . The 
 time when the clavus became the distinguishing badge 
 of ranks is unascertained ( 137). A passage in Livy, 
 IX. 7 12 , is to the purpose. Under the Caesars the privi- 
 
522 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 lege of wearing the clavus was granted to military tri- 
 bunes 13 and to the sons of senators, and the laticlavus to 
 the superior knights. The Greeks termed a garment 
 adorned with the clavus, TrXaWtarj/nos, 7rXarv7r6p(j>vpo9 ) 
 <TTv6aiyj,o<;, fieoroirop^vpos, etc. 
 
 1) Hor. Sat. 1, 2, 25. 2) lb. 2, 1, 73. 3) Cf. ib. 2, 6, 112. 
 4) Hor. Ep. 1, 7, 65. 5) Cf. ib. 1, 1, 95 ; Suet. Aug. 82 ; Varro, 
 ap. Nonium : " Postquam binas tunicas habere cceperunt, institue- 
 runt vocare subuculam et indusium." 6) Cf. Lydus, 1, 17. 
 
 7) Petron. 32; cf. Mart. 4, 46, 17. 8) Cf. Ruben, de Re Vest. 
 1. 1. c. 1 ; Thes. Grasv. v. 6. p. 934 ; et Ferrar. Anal, de Re Vest. 
 c. 1 ; ib. p. 1946. 9) Cf. trabea, trabeatus, 185. 10) " ut 
 quisque insanus medium impediit crus Pellibus, et latum demisit 
 pectore clavum." 11) Cf. Plin. 33, 1 ; Ovid. Trist. 4, 10, 29 ; 
 
 Juven. 1, 107. 12) "lati clavi, annuli aurei positi," etc. This 
 passage refers to A. U. C. 433. 13) Cf. Hor. Sat. 1, 6, 25. 
 
 14) Cf. Ovid. Trist. 4, 10, 29 and 35. 
 
 453. Free-born youths wore the praetexta till the age 
 of manhood; the bulla 1 hanging from the neck upon 
 the breast was the ornament of boys, which they conse- 
 crated to their domestic gods 2 when they assumed the 
 toga : the children of the rich wore a bulla of gold 3 , 
 those of the poor merely a string of leather 4 . Cover- 
 ings for the legs and thighs, feminalia, tibialia, were 
 worn by the Romans only on occasion of sickness 5 : 
 however, under the Caesars, braccce 6 , breeches, were in- 
 troduced, being borrowed from foreign nations, but I 
 suppose they were not very prevalent, and used at a 
 late period 7 : braccatus, braccata Gallia, are terms 
 met with. 
 
 1) Plin. 33, 1 ; Liv. 26, 36 ; Flor. 2, 6 ; Macrob. 1,6; cf. Juven. 
 13, 33 : "Senior bulla dignissime." 2) Cf. Prop. 4, 1, 131 ; 
 
 Pers. 5, 31. 3) Prop. 1. c. : " Mox ubi bulla rudi demissa est 
 
 aurea collo, Matris et ante deos libera sumta toga." Cf. Lyd. 2, 3. 
 4) Cf. Juven. 5, 165. 5) Cf. Hor. Sat. 1, 2, 25 ; Suet. Aug. 82 ; 
 Quint. 11, 3. 6) Cf. Suet. Cses. 80 ; Ovid. Trist. 5, 10, 34 ; 
 
 Prop. 4, 11, 43 ; Tac. Hist. 2, 20. 7) Cf. Lampr. Al. Sev. 40. 
 
 454. The Romans seldom at any period wore a cover- 
 ing on the head, except the hood which formed part of 
 their garments ( 452), and the mitra, or woman's head- 
 
sect. 454.] ROMAN ANTIQUITIES. 523 
 
 dress: those which are mentioned are the pileus, gale- 
 rus, apex, pet asus 1 . Of these the petasus (from irerdco, 
 extendo), from its having broad rims, was well adapted 
 for keeping off the sun and rain, and therefore used by 
 travellers 2 . Pileus 3 whence pileatus, and galerus* 
 whence galeritus 5 , were species of caps, as was also 
 the apex. We have already stated that the galerus 
 was worn by priests particularly, though others also 
 used it 6 : the apex, taller and more pointed, was the 
 mitre of the pontifices (318): it was also worn by 
 kings 7 , seldom if ever by others 8 . Coverings for the 
 feet, calcearia, calceoli, calceolarii, were sandals, sanda- 
 lia 9 , and solea? 10 , v7r68r)fjt,aTa, a kind of which introduced 
 from Gaul were called Gallicce 11 , viz. solea. Mulli, 
 campagi 12 , may be more properly classed as shoes; 
 perones 13 , whence peronatus, were a kind of boots. 
 The Greeks used crepidce, slippers, and on the stage 
 socci were used by comic, cothurni by tragic actors 
 ( 355). Other kinds were the wooden clogs of the 
 poor, lignei calcei, the sculponece 15 of countrymen, the 
 caligce of the military, and the black buskins of the 
 senators, ornamented with the crescent, lunula ( 176). 
 Antiquaries say that men generally wore black, but 
 sometimes red shoes, and women generally white. Un- 
 der the Caesars they were ornamented with gold, pre- 
 cious stones 16 , etc. Shoes were styled repandi 17 , from 
 their shape, and alutce 18 , when made of fine and soft 
 leather; they were generally fastened on by thongs, 
 corrigice, ligulce, which are found on statues, crossed 
 like network on the leg 19 . They were worn next to 
 the foot, or ehefascice, pedulia, fasciae pedules 20 ', were 
 wrapped round the foot, and, by the more effeminate, 
 round the leg, hence fascia cruralis, periscelis ( 453). 
 
 1) Cf. Cic. ad Div. 15, 17 ; Suet. Aug. 82. 2) Cf. Plaut. 
 
 Amphitr. 1, 1,287. 3) From pilus, iri\os, whence Tn^o(f>ope7v,pileum 
 gerere ; villus and pellis seem to have the same root. 4) From 
 
524 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 galea, from its being made of skin. 5) Cf. Prop. 4, 1, 29, gale- 
 ritus Lucumo; the lark from its resemblance to it is termed galerita 
 avis; Plin. 11, 37. 6) Cf. Virg. Mor. 121 ; Suet. Nero. 26 ; 
 
 Juven. 6, 120. 8, 208. 7) Cf. Hor. Od. 1, 34, 14 ; 3, 21, 22. 
 
 8) Cf. Cic. de Legg. 1, 1 ; Liv. 1, 34. 9) " Serva a sandaliis," 
 
 in an inscription. 10) Cf. Gell. 13, 21 ; Prop. 2, 29, 40. 11) Cf. 
 Cic Phil. 2,30 ; Gell. 12, 21. 12) Cf. Lydus 1, 17. 13) Cf. 
 Lydus 1, 12. 14) Cf. Virg. iEn. 1, 337 ; Juven. 6, 505. 15) Cf. 
 Cato de R. R, 59. 16) Cf. Plaut. Bacch. 2, 3, 97 ; Plin. 37, 2. 
 
 17) Cf. Cic. de N. D. 1, 29. 18) Cf, Lydus 1, 32; Juven. 7, 192 ; 
 Ovid. A. A. 3, 271; Mart. 2, 29, 8. 19) Cf. Lyd. 1, 17 ; Virg. 
 
 ,En. 1, 337. 20) Ulp. Pandd. 34, 2, 25 ; Lampr. Al. Sev. 40 ; 
 
 Quint. 11, 3 : "Fasciae cretatae," Cic. ad Att. 2, 3. 
 
 455. The early Romans 1 wore their beards and hair 
 long, and thus intonsus or barbatus expresses an 
 ancient, plain Roman. Pliny 2 mentions that the first 
 barbers settled at Rome A. U. C. 454, so that it was 
 not until late that they followed the example of the 
 Greeks in shaving, radere novacula, and imitated them 
 in the fashionable cut of the hair, in curling, and 
 anointing it: terms applied to these customs are ton- 
 dere forcipe, calamistro inurere 3 , etc.; crines uncti, 
 delibuti, madidi, odorati y myrrhei ; nardus, nardi onyx*, 
 etc. Philosophers, even in the time of the Caesars, 
 allowed their beards to grow, as their Grecian proto- 
 types did 5 . 
 
 1) Cf. Hor. Od.2, 15, 11. 2) Plin. 7, 59. 3) Cf. Colum. 
 
 pref. There is a remarkable passage in Seneca, de Brev. Vitae 12. 
 4) Cf. Hor. Od. 1, 5, 2. 2, 3, 13. 2, 11, 14. 3, 29, 4. 4, 12, 16. 
 Ovid. A. A. 2, 734. 5) Cf. Horat. Sat. 1, 3, 133. 2. 3, 16 ; 
 
 A. P. 297. 
 
 456. I have already said that originally both sexes 
 wore the toga and the tunic : among other articles of fe- 
 male apparel 1 , we read of the stola, whence stolata, and 
 termed longa 2 , manuleata, generally highly ornamented; 
 over the stola was thrown the palla 3 , termed laxa, 
 sinuosa 4 ; this latter garment was worn by players on 
 the harp, actors, and others, and, it was supposed, by 
 the gods 5 . It was thought indecent for a woman to 
 appear abroad in the toga ; hence togata means a 
 
sect. 457.] ROMAN ANTIQUITIES. 525 
 
 harlot 6 . For information on female attire, the Sabina 
 of Bcettiger should particularly be consulted. We read 
 of the reticulum 1 , a small net for the hair ; vitta 8 , 
 whence vittata; mitra, a circlet, mitella; the stro- 
 phium or fascia, a scarf across the bosom 9 , common 
 among the Asiatics, but thought disgraceful to a Ro- 
 man 10 ; monilia, necklaces ; inaures, earrings, made of 
 gold, gems, beads {bacccc), pearls 11 , etc. Men wore 
 the monile {torques, catena, catella), round the neck, 
 and even earrings 12 under the Caesars; they wore 
 rings formerly almost exclusively 13 . I have already 
 stated ( 137) that knights, during the Republic, were 
 distinguished by wearing golden rings, which senators 
 also wore. The plebeians were satisfied at first with 
 iron rings, which slaves were also allowed to wear ; 
 afterwards they wore silver ones. Permission to wear 
 a golden ring was granted on very trivial grounds under 
 the emperors 14 ; at length all citizens, even freedmen, 
 were allowed them 15 . 
 
 1) See Varro de L. L. 4, 32. 3) Cf. Hor. Sat. 1, 2, 99; Ovid. 
 Fast. 6, 654. 3) One would think the word was still preserved in 
 
 faille, the name of a garment of the Belgian women. 4) Cf. Ovid. 
 3, 13, 26 ; Hor. Sat. 1, 2, 98. 5) Cf. Ovid. Fast. 2, 107 ; Tib. 
 1, 8, 46. 6) Cf. Hor. Sat. 1, 2, 63 and 82 ; Mart. 2, 39, 2. 
 
 7) Cf. Varr. de L. L. 4, 32 ; Juven. 2, 96 ; Petron. 67. 8) Which 
 priests, victims, virgins, especially brides, and matrons wore ; cf. 
 Prop. 4, 3. 16, 4. 1 1, 33 ; Ovid. A. A. 3, 483. 9) Cf. Cic. de H. 
 R. 21; pro Rab. Posth. 10; Lucr. 4, 1123; Virg. JEn. 4,216. 
 10) Turpilius ap. Non. : "inter tuniculam ac strophium quam col- 
 locarem (epistola) ;" Cat. 63, 65, " Non tereti strophio lactantes 
 vincta papillas." Ovid. A. A. 3, 274, " Inflatum circa fascia pec- 
 tus eat." 11) Cf. Sen. de Ben. 7, 9 ; Hor. Epod. 8, 14 ; Sat. 2, 
 3, 239; Cic. Verr. 4, 18 ; Bcett. Sab. p. 2. p. 131. 12) Cf. 
 
 Lamp. Al. Sev. 41. 13) Liv. 9, 7. 14) Cf. Plin. 33, 2 ; 
 
 Herod. 3, 8 ; Pitiscus in annulus. 15) Cf. Just. Nov. 78. 
 
 457. The Romans distinguished their rings by names 
 taken from their use, as we do, such as annulus pronu- 
 bus, signatorius : the excessive luxury shown in the 
 number worn, and the value of gems and costly en- 
 graved stones in them ( 435), and the custom of wearing 
 
526 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 lighter rings in summer and warmer in winter (whence 
 the expression annuli semestres l ), are among the most 
 absurd instances of Roman effeminacy. Paint, fucus, 
 formed a principal part of the adorning of women, and 
 was applied not only to the face 2 , but also to dye the 
 hair; in arranging which they took great pains 3 ( 495), 
 but seldom wore wigs or false hair. Terms applied to 
 the headdress and arrangement of the hair were gale- 
 riculus*, caliendrum 5 , tutnlus 6 , suggestus comcet, turri- 
 tus vertex*) etc. The colour most prized was flaxen or 
 fair, fulvus, the usual colour of the hair of the Ger- 
 mans of those days 9 . 
 
 1) Cf. Juven. 7, 89 : " Semestri vatum digitos circumligat auro." 
 Idem 1, 26 : " quum verna Canopi Ventilet aestivum digitis sudan- 
 tibus aurum, Nee sufFerre queat majoris pondera gemmae." 2) There 
 is a remarkable passage to the purpose, Ovid. A. A. 3, 199. 3) Also 
 Eleg. Am. 1,14; cf.id. A. A. 3, 163 ; Juven. 6, 495 ; Prop. 2, 14, 25 ; 
 Seren. Samm. de Medic, cap. 4. 4) Suet. Otho, 12 ; Mart. 14, 
 50. 5) Horat. Sat. 1, 8, 48. 6) Cf. Varro de L. L. 6. p. 73 ; 
 Fest. in tutulum ; Tertull. de Pall. 4. A tutulo ornatrix, on an 
 inscription. 7) Stat. Sylv. 1, 2, 114. 8) Juven. 6, 495 : 
 
 altera lcevum 
 Extendit, pectitque comas et volvit in orbem. 
 Est in consilio matrona, admotaque lanis, 
 Emerita quae cessat acu : sententia prima 
 Hujus erit ; post hanc aetate atque arte minores 
 Censebunt ; tanquam famae discrimen agatur 
 Aut animae : tanti est quaerendi cura decoris ; 
 Tot premit ordinibus, tot adhuc compagibus altum 
 iEdificat caput. 
 9) Prop. 2, 14, 25: " Nunc etiam infectos demens imitare Britan- 
 nos, Ludis et externo tincta nitore caput. Turpis Romano Belgicus 
 ore color." 
 
 OF PRIVATE HOUSES. 
 
 458. Until the time of the second Punic war, it ap- 
 pears that the houses of private persons at Rome were 
 small, low, unadorned, and inconvenient. But from 
 that period, and especially from the time of Sylla, great 
 luxury was shown in the houses of the rich, particularly 
 
sect. 459.] ROMAN ANTIQUITIES. 527 
 
 in their country houses 1 , by the number of apartments, 
 some of which were adapted by their situation and 
 structure to particular times of the day, as well as to 
 particular seasons ; by the baths, ball-courts, xysta, 
 gymnasia, and fishponds, vivaria, as well as by the 
 pictures, statues, carpets ; by the costly furniture and 
 profusion of gold and silver that contributed to their 
 fitting-up. Rome, which after its destruction by fire 
 by the Gauls had been reconstructed by individuals, 
 who erected their residences wherever they thought 
 proper 2 , was so magnificently rebuilt after its partial 
 burning by Nero, that it became the most beautiful 
 city in the world 3 . 
 
 1) Veil. 2, 1 : " Publicamque magnificentiam secuta privata 
 luxuria est." 2) Cf. Liv. 5, 55. 6, 4 ; Tac.'Ann. 15, 38 : " e- 
 
 normibus vicis, qualis vetus Roma fuit." 3) Cf. Tac. Ann. 15,38 
 and 43; Suet. Nero, 16. 
 
 459. The houses of the Romans in early times were 
 low, consisting generally of only one story, but under 
 the Caesars they were of very lofty construction 1 . 
 The parts of a house were the vestibulum ; that portion 
 between the body of the house and the street, left open, 
 or else inclosed by a wall or piazza 2 , porticus : atrium, 
 the hall into which the street-door (janua, fores, valvce) 
 opened, and from which passages led to the principal 
 apartments (consult Vitruv. VI. 8.), and was sometimes 
 called vestibulum*, the two terms being synonymous 4 ; 
 it was generally crowded by the clientes. Compluvium, 
 called also impluvium, cavcedium, cavum cedium, testudo 
 (Varro de L. L. IV. p. 38; Vitruv. VI. 4), was an 
 inner hall, through which a passage led from the 
 atrium into the triclinium, dining-room, opposite ; it 
 was surrounded by arcades, and connected buildings 
 which contained different apartments, as cubicula, 
 balnea, cellce, dicetce, dormitoria, tablinum, etc. In the 
 central space stood the penates 5 . This was the usual 
 
528 ROMAN ANTIQUITIES. [p. n. c n. 
 
 distribution of the parts of houses. I shall make some 
 further remarks on other particulars. 
 
 1) Cf. Hein. Svnt. 2, 3, 7 ; Heubach Comment, de Politia Rom. 
 17 and 45 ; Tac. 1. c. ; Juven. 3, 7. 2) Cf. Plaut. Most. 3, 2, 
 
 130 ; Gell. 16, 5 ; Juven.l, 95, sqq., 7, 126. 8) Cf. Juven. 1. c. ; 
 Liv. 5, 41. 4) They who place the vestibulumin the body of 
 
 the house, evidently must place the atrium further in, and confound 
 it with the inner hall or cavsedium. Some also suppose the cavae- 
 dium to have been apart of the atrium, others an open intermediate 
 court, and others separate the peristylon from the cavsedium in 
 houses built on a more extensive plan than formerly. Stieglitz 
 (Archseol. Unterhaltungen) supposes wings, to the right and 
 left of the atrium, of which he makes the cavsedium a part, and 
 places the tablinum between these wings, and supposes it to have 
 been formerly used as a museum, archivum, and afterwards as a 
 supper-room. He also supposes the peristylon to have been intro- 
 duced later than the atrium, and to have been an open court, longer 
 than it was wide, and surrounded by a piazza, portions, and dis- 
 tributes the different apartments round this cloister or piazza. But 
 1 think it must be concluded that the Roman houses were, like 
 those of the present day, not all on the same plan, and that the 
 names of their different parts were not always the same ; so that 
 only a vague notion can be obtained of the situation of their re- 
 spective parts. 5) Cf. Virg. JEn. 2, 512, sqq. 
 
 460. Fenestra (Ovpai), apertures in the walls for ad- 
 mitting light, were closed by wooden shutters, nets, 
 curtains, and other means ; to which were applied the 
 terms fenestrce bij ores 1 , junctce 2 , reticulatce 3 . Panes 
 of talc, specularia*, were introduced into windows in 
 the times of the Caesars ; and we hear of glass panes 
 found at Herculanum. Windows were also covered 
 with parchment, horn, and other materials. Parts 
 about the gate, fores, were limen, posies, and car dines, 
 the hinges; the door hung on the upper hinge, the 
 lower hinge was inserted into the threshold : hence the 
 expressions cardinem vertere, mover e 5 , car do stridens, 
 etc. The doors were fastened by a bolt, pessulus, 
 iracrcraXos, attached to the door itself, and by a lock, 
 sera, sometimes also attached to it 6 , and differing little 
 or not at all from the pessulus, and sometimes detached 
 from the door: both were comprehended under the 
 term claustrum: keys were used to both 7 , less com- 
 
sect. 461.2 ROMAN ANTIQUITIES. 529 
 
 monly, we may suppose, to the pessulus, and not always 
 to the sera. The term claustrum is also applied to 
 the key : and the following expressions are met with : 
 occludere, pessulo t firmare } pessulum obdere, injicere ; 
 subdita clavi reducere, Apuleius in Metam. ; seram ad- 
 dere, ponere, demere, poste eoccSttere, etc. ; sera sua 
 sponte delapsa, Petronius ; claustra revellere, laxare, 
 rumpere ; armariis claustra et clave s cedunt, Ulpianus. 
 
 1) Ovid, de P. 3, 3, 5. 2) Horat. Od. 1, 25. 3) Varro 
 
 de R. R. 3, 7. 4) Cf. Plin. 35, 22 and 23 ; Sen. de Prov. 4 : 
 
 " quem specularia semper ab adflatu vindicarunt." Cf. id. Ep. 90. 
 5) Cf. Horat. Od. 1, 25, 5. 6) Cf. Ovid. Am. 1 , 6, 24 : " Excute 
 poste seram." 7) Cf. Tib. 1, 2, 18 : " Seu reserat fixo dente pu- 
 ella fores," concerning keys; cf. Pignor. de servis, p. 214. 
 
 461. Neither the Greeks nor the Romans built chim- 
 nies l as we do for carrying oft* smoke, but it was al- 
 lowed to escape through an aperture in the roof or by 
 the doors and windows ; thus we read of fumosa atria, 
 containing the fumosce imagines of ancestors ( 132), as 
 the smoke entered the atrium from all the chambers 
 round it. They sought to diminish the inconvenience 
 arising from smoke by a selection of proper fire-wood 2 , 
 and by other means, whilst habit and the little need of 
 fire in so mild a climate, also tended to render it less 
 troublesome. In later times the Romans paid great 
 attention to warming their apartments, counteracting the 
 cold by the situation and construction of them 3 . The 
 word caminus is applied to any furnace, such as those 
 used by smiths, and also to fire-places in rooms. For 
 warming these they used charcoal, placing it alight on 
 the pavement or in a pan, or on a stove 4 . A more re- 
 fined method of heating was introduced under the Cae- 
 sars, and first of all in baths, by means of heat diffused 5 
 through the apartments by tubes from chambers, hy- 
 pocausta 6 , where fuel was kept constantly burning; 
 the mouth of the tubes being closed or opened as ne- 
 cessary. 
 
 m m 
 
530 ROMAN ANTIQUITIES. [p. ii. c. it. 
 
 1) Cf. Vitr. 7, 3 and 4, 2) Cf. Hor. Od. 3, 7, 13 ; Sat. 1, 5, 
 
 80: " lacrymoso non sine fumo, udos cum foliis ramos urente ca- 
 mino," Virg. Mn. 7, 13. 3) Cf. Juven. 7, 182. 4) Cf. Hor. 
 
 Od. 1, 9, 5 ; Sat. 1, 5, 80. 5) Stat. Sylv. 1,5, 58 : " ubi langui- 
 dus ignis inerrat iEdibus, et tenuem volvunt hypocaustavaporem." 
 Sen. Prov. 4 : " cujus coenationes subditus et parietibus circumfusus 
 calor tempera vit." 6) Cf. Cic. ad Q. Fr. 3, 1 : " Vaporarium, ex 
 quo ignis erumpit." 
 
 462. The form of the roof of Roman houses differed 
 with the form of the houses themselves. Flat and 
 pitched roofs both were in use. Fastigia, parapets 
 (aTos) i were borrowed in private houses from those of 
 temples K The flat surface of the roof sometimes re- 
 sembled a garden, being covered with mould, in which 
 shrubs and trees were planted, or they were placed in 
 boxes on the roof 2 . It is well known that the ceiling 
 of apartments consisted of hollow and projecting 3 
 parts, and hence had its name laquear or lacunar, from 
 the resemblance of its mouldings to bays, lacus, and 
 network, laquei. In the houses of the opulent it was 
 adorned in the most exquisite style, and is therefore 
 classed by writers among the instances of luxury : simi- 
 lar taste was shown in the decoration of pavements 6 , as 
 we may learn even from the different styles of adorn- 
 ing them, as those called tesselated 6 , from tessera or 
 tessella; those of tiles, testacea 7 , from testa; and the 
 lithostrota% or mosaic pavements, of which whole spe- 
 cimens and fragments, exhibiting wonderful skill, exist. 
 
 1) Cf. Cic. Phil. 2 r 43 ; Suet. Cses. 81 ; Flor. 4, 2, extr. 2) Cf. 
 Tib. 3, 3, 15, " Nemora in domibus sacros imitantia lucos." 3) Cf. 
 Vitruv. 6, 2, ext. ; Hor. Od. 2, 16, 11 j Cic. Tusc. 5, 21. 4) Cf. 
 Plin. 33, 3; Hor. Od. 2, 18, 1 ; Lucan. 10, 112 ; Sen. Ep. 90; 
 Suet. Nero. 31. 5) Cf. Hor. Od. % 14, 27. 6) Cf. Sen. N. Q. 
 6, 31. 7) Cf. Suet. C*es. 47. 8) Cf. Varr. R. R. 3, 1, " Cum 
 enim villam haberes pavimentk nobilibus lithostrotis spectandam." 
 Plin. 6, 25, " Pavimenta originem apud Graeeos habent elaborata 
 arte, picturae ratione, donee lithostrota expulere earn ;" cf. Capit. 
 Gord. 32 ; cf. Champollion, Resume d'Archeol. v. 1. p. 206. 
 
sect. 464.] ROMAN ANTIQUITIES. 531 
 
 FOOD AND DAILY ROUTINE OF LIFE. 
 
 463. The frugality i of the ancient Romans ( 397) 
 was as remarkable as the simplicity of their manners, 
 and in these respects they seem to have resembled the 
 Lacedemonians: they were long satisfied with meal 
 and vegetables, such as pulse, ttoXtos, whence pulticula, 
 pultarius, etc*, to which afterwards they added bread, 
 seldom flesh, or only that of victims; such frugality, 
 less astonishing among the poor, prevailed among their 
 chief men likewise 3 : but on the disappearance of an- 
 cient manners, the luxuries of the table began to be ea- 
 gerly indulged in 4 , borrowing several of its details from 
 the Greeks and Asiatics. On this fertile subject, to 
 which Creuzer has devoted thirty-two pages, we shall 
 make the following remarks. 
 
 1) Cf. Beaufort, v. 2. p. 426, sqq. 2) Cf. Plin. 18, 8 j Val. 
 
 Max. 2, 5,5; Ovid. Fast. 6, 170; Juven. 11, 77. 14, 171 ; Mart.5, 
 79, 9. 3) Cf. Hor. Od. 1, 12, 40, sqq. 4) Cf. Plaut. Pseud. 
 
 2, 2 ; Meierotto Sitt. u. Lebensart der Rcem. p. 2. p. Ill ? Gell. 
 2,24. 
 
 464. Ccena 1 , the principal meal, was preceded by the 
 jentaculum f prandium 2 , merenda 3 , and was taken in sum- 
 mer about three o'clock, p. m. 4 ( 358), and in winter 
 rather later, consisting of three courses, menses 5 (to 
 which rpdire^a refers), these were called gustatio, caput 
 ccence, and mensa secunda, GustatiotgustuSjpromulsis*) 
 heiirvov irpool^iiov, included eggs, (whence the expres- 
 sion ab ovo usque ad malal,) mulsum, mead 8 , lettuce, 
 pickles, garum and muria 9 , and other things to whet 
 the appetite 10 ; the word in another sense is taken for 
 luncheon 11 . The caput carnce 12 , as the name infers, was 
 either the principal course, or the principal dish in the 
 course* The mensa secunda or cibi secundi consisted 
 
 m m 2 
 
532 ROMAN ANTIQUITIES. [p. n. c i. 
 
 of sweetmeats 13 . Drinking bouts, comissationes y 
 (/cwyLto?), protracted to a late hour 14 , followed the coena 
 when it was an entertainment given to friends. One 
 of the guests, chosen by casting dice or drawing lots, 
 presided over the drinking, whence rex vini, regnum, 
 imperium convivale 15 . The terms rex clientum and /;a- 
 rasitorum l6 have a different meaning and application. 
 He who treated his friends was said prcebere aquam 17 , 
 and uninvited guests brought by friends, were called 
 timbres 18 . 
 
 1) Some suspect the word coena to be derived from koivSs, 
 being the common meal of the family ; words derived from it 
 are ccenatio, ccenaculum, coenatorius. 2) Cf. Hor. Sat. 1, 6, 127. 
 3) How these meals differed, whether in the time at which they were 
 taken, or on other accounts, I allow wiser men to explain, so as to 
 leave no ambiguity on the subject. Festus derives prandium from 
 the Greek, and adds, "nam meridianum cibum coenam vocabant ;" 
 and suggests irpwi, Dorice -rrpav, as the root. In the same writer we 
 read, " Prandicula antiquidicebant quae nuncjentacula :" and he also 
 adds the following remarks ; " Coena apud antiquos dicebatur quod 
 nunc est prandium ; vesperna, quae nunc coena appellatur :" and what 
 Paulus quotes from Festus, " Scensas Sabini coenas dicebant, quae 
 autem nunc prandia sunt, coenas habebant, et pro coenis vespernas 
 appellabant." Thus formerly the coena and the vesperna differed, 
 and also the prandiculum which preceded the coma differed from it, 
 as the jentaculum did afterwards from the prandium: at length, 
 when the coena was substituted for the vesperna, the prandium took 
 the place of the coena. Concerning the merenda, see Isid. Orig. 20, 2, 
 (and also 20, 3), u quasi post meridiem edendaet proxima coena?." 
 Paulus quotes Festus on the same word thus ; " Quod scilicet media 
 die caperetur." But a passage in Calpurnius, Eel. 5, 60, seems to 
 prove that the word was applied to a meal taken late in the day : 
 " ubi declivi jam nona tepescere sole 
 Incipiet, seraeque videbitur hora merendae." 
 The note of Barthe on this passage confirms the opinion of Jos. Sca- 
 liger, who explains merenda as the food given to hired labourers 
 when they left work in the evening. 4) Cf. Juven. 1, 49; 
 
 Mart. 11,53. 5) Ctferculum ; Juven. 1, 94; Suet. Aug. 74; 
 
 Hor. Sat. 2, 6, 104. 6) Cf. Cic. ad Div. 9, 16, " Neque est, 
 
 quod in promulside spei ponas aliquid; quam totam sustulisti." 
 7) Cf. Hor. Sat. 1, 3, 6. 8) Cf. Hor. Sat. 2, 4,26 ; Cic. Tusc. 
 
 3, 19 ; Plin. 22, 24. 9) Cf. Hor. Sat. 2, 4, 64. 10) Cf. Mart. 
 1 1, 32 and 53, " Prima tibi dabitur ventri lactuca movendo Utilis, et 
 porris fila resecta suis," etc. 11) Cf. Plin. Ep. 3,5.6,16; Suet. 
 Aug. 76. 12) Cf. Cic. Tusc. 5, 34; Mart. 10, 31, " Mullus ccenae 
 pompacaputquefuit." 13) Cf. Gell. 13, 11. 14) Cf.Cic. Cat. 
 2, 5; pro Coel. 15 ; Suet. Vit. 13; Tit. 7 ; Pers. 5, 41 ; cf.convivium 
 
sect. 466.] ROMAN ANTIQUITIES. 533 
 
 tempestivum ; Cic. pro Mur. 6 ; Cat. 1.14. 15) Cf. Hor. Od. 
 
 1, 4. 18, 2. 7, 25. 16) Cf. Terent. Phorm. 2, 2, 24; Mart. 2, 18; 
 Jnven. 1, 135. 5, 14. 17) Hor. Sat. 1, 4, 88. 18) Cf. Hor. 
 Sat. 2, 4, 22, " Quas Maecenas adduxerat umbras ;" see Plut. 1. 7 ; 
 Symp. prob. 6 ; Stuck. Antiqq. Convival. 2, 6. p. 240. 
 
 465. We need not mention what the food of the 
 poor was ; to the researches of writers on such anti- 
 quarian subjects, I leave the task of discovering what 
 the most favourite dish at any given time was ; what 
 the many, and what only the few relished ; what dish 
 of the second course was at the head, what at the foot 
 of the table, and likewise in what part any dish was 
 placed ; they will pretend to know how many nuts were 
 served to any guest. The testimony of Horace (Sat. 
 
 2, 4 and 8), of Seneca, Petronius, Juvenal, Martial, 
 Suetonius, and other writers, justifies us in declaring 
 that the luxury of a Roman table 1 equalled or sur- 
 passed the most elaborate cookery of the moderns in 
 the variety, rarity, and high prices 2 of the dishes, in the 
 number of attendants 3 , and in the degrading indulgences 
 of the guests. Their custom of enabling the stomach 
 to receive a fresh meal by means of emetics, may be 
 noted as the extreme of gluttony 4 . 
 
 1) Cf. Juven. 1, 94 ; Macrob. 2, 9. 2) Cf. Juven. 11, 138, 
 
 sqq. ; Mart. 10,31 ; Manil. 5, 370 ; Plin. 9, 17. 3) Sen. Ep. 
 
 95 : " O dii boni, quantum hominum unus venter exercet!" 4) Cf. 
 Sen. de Cons. 9 ; Suet. Vitell. 13. 
 
 466. Tt is not to be wondered at if the moderns agree 
 with the ancients on some points of taste, and accord- 
 ingly we find that the wild boar 1 , so frequently men- 
 tioned by their writers, capons 2 , thrushes 3 , phea- 
 sants 4 , and oysters 5 , were highly relished by them, 
 as well as the legs of a hare, and the livers of geese 6 , 
 Yet some meats highly extolled by ancients are now 
 held in no repute : whether the art of feeding the ani- 
 mal or that of dressing him be lost ; let critics say if night- 
 ingales 7 , peacocks 8 , and cranes 9 may not be mentioned 
 
534 ROMAN ANTIQUITIES [p. it. c. n. 
 
 as instances: offish 10 , I am certain many may. Those 
 they praise highest are the turbot, rhombus 11 ; lamprey, 
 murcena 1 *; mullet, mullus 13 -, char, scarus ; and the 
 sturgeon, acipenser u ; laid on the table to the sound 
 of the flute. Of shell-fish in request for the table, we 
 read of oysters, besides echini, murices, and pectines, 
 scallops 15 . Varro de Re Rust. 3, 14, and Pliny 9, 56, 
 speak of snails fattened for the table. The Romans 
 highly valued many kinds of quadrupeds as food, but 
 nothing so highly as the udder, sumen 16 , and belly of a 
 sow* 7 . 
 
 1) Cf. Hor. Sat. 2, 3, 234. 8, 6 ; Juven. 1, 140 : "quanta est 
 gula, quae sibi totos ponit apros, animal propter convivia natum ! " 
 2) Cf. Ovid. Fast. 6, 178. 3) Hor. Ep. 1, 15, 40 : " Quum sit 
 
 , obeso Nil melius turdo, Nil vulva pulchrius ampla." 4) Cf. Mart. 
 13, 72. 5) Cf. Hor. 2, 4, 30 ; Juven. 4, 140. 6) Cf. Hor. 
 
 Sat. 2, 4. 44, 8. 88 and 89. 7) Cf. Hor. Sat. 2, 3, 245. 8) Cf. 
 VatrodeR.R.3,6; Plin.10,20; Ovid.;Fast. 6,177. 9) Ib.l76,and 
 Hor. Sat. 2, 8, 87. 10) Cf. Meierotto, Uber Sitten u. Lebensart 
 d. Rcemer, p. 2. p. 120, sqq. ; Mart. 13, 79 ; and Ennuis as quoted 
 by Apul. de Mag-, p. 43, sqq. 11) Cf. Hor. Sat. 1,2, 116 ; Juven. 
 Sat. 4. 12) Hor. Sat. 2, 8, 42 \ " EfFertur squillas inter rauraena 
 
 natantes." 13) Juven. 4, 15 : " Mullum sex millibus emit," etc. 
 Sen. N. Q. 3, 17, sq. 14) Cf. Macrob. Sat. 3, 16 ; Plin. 9, 17 ; 
 
 Atben. 7, 12 ; Lyd. de Magistrr. 3, 63 ; Mart. 13, 91 : " Ad Pala- 
 tinas acipensem mittite mensas : Ambrosias ornent munera rara 
 dapes." 15) Cf. Hor. Sat. 2, 4, 34 ; Lyd. 3, 62. 16) Cf. Pers. 
 1, 53 ; Mart. 13, 44. 17) Cf. Hor. Ep. 1, 15, 41 : Mart. 13, 56. 
 
 467. We should imagine that they had different 
 kinds of bread*, and of different qualities, even though 
 it were not on record : we meet with the terms panis 
 cibarius, secundus 2 , candidus, vetus, nauticus, horde- 
 aceas, siligineus' 3 . The Romans usually drank their 
 wine diluted 4 ; both the Greek wines, the Lesbian 5 
 and Chian 6 wines, which were most frequently drunk 
 at Rome ; and their native wines, Massicum, Falernum, 
 Caecubum, Calenum, celebrated by Horace, and the 
 Setinum 7 : they also observed Grecian practices, as the 
 usual terms applied to drinking and the names of the 
 vessels prove ; as crater, cyathus, poculum, scyphus ; 
 
sect. 468.] ROMAN ANTIQUITIES. 535 
 
 and the expressions cyathos,pocula miscere 8 , craterem, 
 vina coronare 9 ; ad cyathum stare. The following 
 terms were applied to the methods and circumstances 
 of casking wine, keeping it or improving it; cupa, doli- 
 um, vinum doliare, diffusum 10 , cadus, testa, amphora, 
 seria, lagena; cella vinaria 11 , apotheca 12 ; vinum pen- 
 dens 13 , horreum u . Water was used cooled by arti- 
 ficial means, gelida 15 , or warmed, calda 16 ; to which 
 thermce 17 , thermopolia, refer 18 . 
 
 1) Juven. 5, 74 : " Vin tu consuetis, audax conviva, canistris Im- 
 pleri, panisque tui novisse colorem ?" 2) Hor. Ep. 2, 1, 123. 
 
 3) Juven. 5, 70. 4) Cf. Meier, p. 2. p. 123. 5) Prop. 1, 14. 
 6) Hor. Sat. 1, 10. 24 ; Od. 3, 19, 5. 7) Stat. Sylv. 2, 6, 90 ; 
 
 Juven. 10, 27 ; Mart. 6, 86. 8) Cf. Hor. Od. 1, 29. 7, 3, 19. 
 
 9) Virg. Georg. 2, 528 ; iEn. 1, 724 ; cf. Stat. Sylv. 3, 1, 76 : 
 " Redimitaque vina abripiunt famuli." 10) Hor. Ep. 1, 5, 4: 
 
 " Vina bibes iterum Tauro diffusa." Cf. Heind. ad Hor. Sat. 2, 2, 
 58. 11) Plin. 14, 21. 12) Colum. 1, 6 ; cf. Heind. ad Hor. 
 
 Sat. 2, 5, 7. 13) Cf. Hor. Od. 3, 21. 7, 4. 12, 18. 14) Hor. 
 
 3, 28, 7. 15) Cf. Mart. 14, 1 16 : " Spoletina bibis, vel Marsis 
 
 condita cellis : Quo tibi decoctse nobile frigus aquae ?" Cf. Juven. 5, 
 50. There is a striking passage about cooling water with ice, Sen. 
 N. Q. 4, 13. 16) Juven. 5, 63. 17) Juven. 8, 168. 18) Con- 
 cerning the drinks which the ancients made from barley, corn, etc. 
 bv fermentation, see Plin. 14, 22. 22, 25 ; Tac. Germ. 23 ; see Voss. 
 on Virg. Georg. 3, 380. 
 
 468. Several laws l termed sumptuary 2 , and others, 
 (perhaps the censorice), though it is not certain 3 , were 
 enacted to moderate the expenses of the table (400); 
 as well as laws (for instance the lex Oppia, abrogated 
 A. U. C. 577.) for restraining excessive dress and the 
 use of gold and silver in women's apparel ; Such 
 was the lex Orchia, which limited the number of 
 guests. Fannia 4 , enacted A. U. C. 593, the expenses 
 of feasts on certain holidays, which the lex Didia and 
 Licinia A. U. C. 657, revived and added to ; and the 
 lex Cornelia of Sylla the dictator re-enacted them 
 when falling into neglect, though luxury crept in not- 
 
536 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 withstanding, and in the days of Tiberius was added to 
 the list of incurable vices. 
 
 Creuzer has mentioned 269 the occasions of, and 
 different kinds of festive entertainments : words applied 
 to them are, ccence, dapes, epulce sacrificales, Poniifi- 
 cum, Augurales, Saliares ; natalitia, silicernium, etc. 
 The dining-room in the houses of the rich was called 
 ccenatio 6 , and also ccenaculum 7 , a word afterwards ap- 
 plied to the upper rooms of houses, especially those of 
 the poor 8 ; couches, lecti, pulvinaria, were ranged 
 round the three sides of the tables, which were usually 
 square, I think, and to which are applied the terms 
 orbes, monopodia 9 icitrea mensa 10 : of the couches 11 , that 
 on 4he left was called summus, in the middle, medius 12 , 
 and that on the right, imus ; the seat in the centre, that 
 of honour, was also called consularis . 13 They bor- 
 rowed from the Greeks the word triclinium (/cklvrj), and 
 applied it to the dining-room, table, and couches 14 : 
 we read of triclinia argentea, testudinea, strata, tricli- 
 niarchus tricliniarius., 
 
 I) See Liv. 34, 1, sqq. 2) Cf. Macrob. 2, 13 ; Gell. 2, 24; 
 
 see Meier, p. 2. p. 115, sqq. 3) Cf. Creuz. 283. 4) Cf. 
 
 Plin. 10, 50. 5) Tac. Ann. 3, 52, sqq. 6) Cf. Juven. 7, 183 ; 
 Mart. 2, 59 ; where he mentions the mica, called mica aurea by P. 
 Vict, and Sext. Ruf., which was a small banqueting hall of Domi- 
 tian's. 7) Varro de L. L. 4. p. 39, says they called the room 
 
 ubi ccenabant, ccenaculum, etc. 8) Cf. Hor. Ep. 1, 1, 91 ; Juven. 
 10, 18. 9) Cf. Heind. on Hor. Sat. 1, 3, 13; cf. Mart. 1, 137. 
 
 10) Cic. Verr. 4, 7. 11) Pers. I, 53. 12) Cf. Hor. Sat. 1, 
 
 4, 86 ; Ep. 1. 18, 10. 13) See Salmas. on Solin. p. 886 ; Heind. 
 4>n Hor. Sat. 2, 4, 20. 14) Cf. Cic. ad Att. 13, 52 ; Verr. 3, 25; 
 Varro de R. R 3, 13. 
 
 469. The plate and service of the table 1 corresponded 
 to the magnificence of the triclinium, consisting of 
 splendid goblets, vasa, gemmea, vitrea, crystallina, 
 myrrhina ( 432), Corinthia, for drinking and other uses, 
 of immense value on account of their workmanship or 
 costly materials : the accounts of the ancients on this 
 
sect. 470.] ROMAN ANTIQUITIES. 537 
 
 subject are hardly credible. Digitis concrepare* ap- 
 plies to the custom of introducing the lasanum, matella 
 or scaphium at table. Napkins, mappce 3 , gausape*, were 
 also used ; and we read of spoons, cochlearia 5 , lingulce, 
 or ligulce 6 ; but they were seldom used at feasts, I 
 think: the guests wore a peculiar dress 7 , ccenatoria 8 , 
 scil. vestimenta, synthesis 9 ; and we learn from Plautus 
 True. II. 4, 16; Hor. Sat. II. 8, 77; Mart. II. 50, 3, 
 that it was customary to leave their shoes, outside 
 the room. The guests at a wine party sprinkled 
 their hair with odours, unguenta, odores ( 455), and 
 were crowned with garlands of leaves and flowers 10 . It 
 is generally thought, though it is not certain, that the 
 Romans in the earliest times 11 universally reclined as 
 the Greeks did at table 12 , called accubare, accumbere, 
 decumbere, discumbere 13 , etc. Women, however, sat, 
 though the men reclined 14 (cf. 331). 
 
 1) See Creuz. 277. 2) Cf. Petron. c. 27 ; Mart. 14, 119 ; 
 
 Juven. 3, 108 ; Clem. Alex. Paedag. 2, 7; see Bcettig. Sabina p. 1. 
 p. 40 and 44. 3) Mart. 7, 19. 12, 29. 4) Cf. Ovid. A. A. 2, 
 300 ; Hor. Sat. 2, 8, 11, ibiq. Heindorf. 5) Cf. Ovid. A. A. 3, 
 
 755 ; Mart. 14, 121. 6) lb. 120 ; cf. Bcettig. p. 106. 7) Capi- 
 tol. Maxim, jun. 4. 8) Mart. 10,87, 12 ; Petr. c. 21, and Pom- 
 pon. Pandd. 34, 2, 33 : " Muliebribus eoenatoriis uti." ' 9) Mart. 
 5, 80, 2 : " Undecies una surrexti, Zoile, ccena, Et mutata tibi est 
 synthesis undecies." Cf. idem 14, 1, 1 ; Suet. Nero. 51. 10) Cf. 
 Lucret. 3, 926. 5, 1398 ; Hor. Od. 2, 7, 23. 11) Cf. Serv. ad 
 
 ^En. 7, 176. 12) Creuz. Symbol, v. 1. p. 175, says that the 
 
 Greeks of old sat during feasts at sacrifices, and spoke but little, 
 deeming the gods to be present ; cf. Ovid. Fast. 6, 305. 'Stuck, as 
 usual, treats at length on the subject, Antiqq. Convival. 2, 34. 
 13) Cf. Hor. Od. 1, 27, 8 ; Juven. 2, 120 ; St Luke 7, 37. 14) Ac- 
 cording to Varro, Isid. 1. 20. Etym. ; see Stuck. 2, 34. p. 409. 
 
 470. Music, dances, and tricks, lusus, formed a share 
 of the entertainments at feasts and dinner parties; 
 games were very common after dinner over wine, par- 
 ticularly those practised by young people, and usual 
 among the Greeks, which may be called amatory, such 
 as the cottabus, KOTTaftos, /coTTa/3%eiv (see Schneid. 
 Lex.), in which by dropping wine from one cup into 
 
538 ROMAN ANTIQUITIES. [p. il c. ii. 
 
 another, they drew omens as to their hopes in love from 
 the sound of the falling drops 1 ; or by attempting to 
 strike the ceiling with the moist pips of fruit slipping 
 from between the finger and thumb 2 ; and by throwing 
 dice, they augured of the favourable or unfavourable 
 inclinations of a mistress or god from the cast 3 . They 
 determined quern Venus arbitrum dicet bibendi, and 
 were accustomed regna vini sortiri talis, etc. ; but 
 these were not exactly games ( 464). Music was in- 
 variably the accompaniment of feasts, and we need not 
 infer that the Romans adopted its use on these oc- 
 casions from the Greeks, though among the latter it 
 was inseparable from festive mirth, as it held so dis- 
 tinguished a rank in the details of the symposia, of 
 which a few have been handed down to us in the pages 
 of Xenophon, Plato, and Plutarch. However, they cer- 
 tainly borrowed from the Greeks the custom of intro- 
 ducing at feasts dancing to the notes of the flute, per- 
 formed by dancing girls, in light dresses, and accom- 
 panied with indelicate gestures 4 . A more reputable 
 amusement at dinner parties consisted in the acroama, 
 or the enjoyment derived from listening to a recitation 
 or reading by persons called anagnostae ( 494), or to 
 instrumental or vocal music 5 . I shall here conclude 
 my remarks on their diet. 
 
 1) See Groddeck. Antiquar. Versuche, erste Samml. p. 163, sqq. 
 a work praised by Creuz. 287 ; Jacobs, in Wieland. Attisch Mu- 
 seum 3. p. 473 ; Plaut. Trin. 4, 3, 4 ; Hor. Od. 2, 14, 26 ; Juven. 
 3, 108 ; though I leave to others to decide whether they apply to 
 the point in question. 2) Cf. Hor. Sat. 2, 3, 272, explained by 
 
 Pollux 9, 128. 3) Cf. Plaut. Capt. 1.1,4; Asin. 5, 2, 54, aliis- 
 
 que locis. 4) Cf. Macrob. Sat. 2, 1 ; Quint. 2, 2 ; Hor. Od.3, 
 
 6, 21 ; Amm. Marc 14, 6 ; Olympiod. p. 148, who praises the con- 
 vivial temper of Constantius : 'ils Kal ipi&iv to?s /xifMots 7roAAa/as, 7rcu- 
 (ovai vpb rrjs rpoareCns. Juven. 11, 162: " Forsitan exspectes, ut 
 Gaditana canoro Incipiat prurire choro, plausuque probata? Ad ter- 
 rain tremulo descendant clune puellae." See Pignor de Serv. p. 180. 
 5) Cf. Cic. pro Arch. ,9 ; Nep. Att. 14. 
 
 471. As for the daily life and routine of the poorer, 
 
sect. 472.] ROMAN ANTIQUITIES. 539 
 
 humbler and more numerous class of citizens, which 
 was called turba forensis ( 143 and 400), it will suffice 
 to remark that they passed their time in attendance as 
 clientes in the vestibules of their patrons' houses, 
 at the Campus Martius, or in the Forum, or spent 
 their idle hours in the theatres 1 , being supported 
 by the largesses and munificence of their patrons and 
 candidates for office, but chiefly by grants from the 
 public fund, cerarium 2 ( 395). The rich and powerful 
 spent their day as follows : the early part they devoted 
 to receiving their clients and friends 3 , with the officiosa 
 sedulitas*, of which Horace speaks. From nine in the 
 morning they attended to public business in the Forum*, 
 in courts of justice, at public meetings, and in the 
 senate. Then from their prandium to dinner-time, 
 coena, they frequented public walks, ambulacra, and 
 particularly the gymnasia 6 , and amused themselves with 
 games, particularly tennis, pila, of which the Romans 
 were exceedingly fond. 
 
 1) Cf. Meier, p. 53, sqq. 2) See Meier, p. 1. p. 11, sqq. 
 
 3) See 141. loc. Mart. 4) Ep. 1, 7, 8. 5) Hence the 
 
 usual expression, in forum venire, Cic. ad Div. 13, 10 ; forum at- 
 tingere, lb. 5, 8. and 15, 16 ; pro Mur. 9; de foro decedere, Nep. 
 Att. 10 ; studiafori, Tac. Agr. 9 ; ferreajura insanumque forum, 
 Virg. Georg. 2, 502. 6) Cf. Tac. Ann. 14,47. 
 
 472. Before dinner, it was usual to bathe. Baths in 
 private houses, and public baths, thermos, in the times 
 of the Caesars, were numerous, of vast extent, and great 
 splendour, and are the most wonderful structures of 
 Rome l : some, whose ruins still remain as those of 
 Diocletian, were as extensive as villages. The exterior 
 circuit consisted of arcades, porticius, xystis, connecting 
 the loftier parts of the building, and was generally four- 
 sided : within it was an open space surrounding an 
 inner building which contained the enormous range of 
 thermae. The various parts of the edifice were named 
 after the numerous uses to which they were adapted. 
 Those in the open air were xysti ( 49), and those in 
 
540 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 the body of the edifice were the frigidaria, tepidaria, 
 caldaria ( 461), sphceristeria, ball-court ( 474), elceo- 
 thesia, etc. In bathing they used the guttus, strigilis, 
 and mere waited on by unctores, etc. Both before and 
 after bathing they amused themselves with different 
 bodily exercises, for which the parts of the thermae, 
 which we have mentioned, were excellently adapted. 
 
 1) There is a remarkable passage in Seneca, Epist. 86, on the 
 simplicity of the baths of the primitive Romans, and the luxury and 
 extravagance attending them in later times. 
 
 473. We have thus briefly treated of some par- 
 ticulars in the private habits of the Romans, which 
 have been treated of in many volumes, severally, by 
 writers on antiquities ; many of them well deserve inves- 
 tigation provided it be not directed towards frivolous 
 particulars, nor employed in attempts to ascertain things 
 which the very nature of the subject renders unascer- 
 tainable. And, in conclusion, we will briefly glance at 
 that department of the subject which seems to me to 
 afford the widest field and most inviting aspect, and 
 which would tempt me far beyond the prescribed limits 
 of my work, so numerous and varied are the subjects 
 themselves, even without their appendages and adjuncts; 
 I can therefore merely mention their custom of being 
 carried about in palanquins, lecticce 1 , by bearers, lecti- 
 carii and hexaphori 2 , and of travelling in carriages, 
 rhedce, esseda 3 , tensce A , pilenta 5 , or on mules and horses 
 laden with packsaddles, sagmata. Other subjects are 
 suggested by their life in the country, their farms and 
 villas, fish-ponds 6 , and methods of fishing with nets and 
 lines, of fowling with birdlime, gluten, and with nets 
 supported on props, amites ; and of hunting with dogs, 
 toils, decoys, and venabula, spears. I might also treat 
 of the customs and duties of hospitality, and of the 
 tokens or pledges of it, tesserae ho spit ales, and of the 
 
sect. 475.] ROMAN ANTIQUITIES. 541 
 
 luxuries of their women, particularly in dress and 
 finery ; their mills, and methods of making and baking 
 bread ; their lamps and candelabras, inns, taverns, tip- 
 pling houses, slave-dealers, songs, etc. etc. But having 
 already occasionally touched on most of these subjects, 
 I shall merely make a few remarks on their gambling. 
 
 1) Cf. Juven. 4, 21. 1, 32 and 158.3, 240. 6, 477 ; Mart. 11, 99, 
 11. 2) Mart. 2, 81 ; Catull. 10, 14, sqq. 3) Cf. Cic. Att. 6, 
 1 ; Phil. 2, 24 ; Prop. 2, 23. 43, 2. 1, 86 : " Esseda cselatis siste 
 Britanna jug-is." 4) Cf. Fest. in tensam ; Cic. Verr. 1. 59. 3, 3 ; 
 Liv. 5, 41. 9, 40 ; Suet. Aug. 43 ; Vesp. 5. 5) Cf. Liv. 5, 25 ; 
 
 Hor. Ep. 2, 1, 192 ; Virg. Mn. 8, 666. 6) See Varro de R. R. 
 
 3,17. 
 
 GAMES OF CHANCE. 
 
 474. We have mentioned the games introduced by 
 the Romans at their feasts: other games were the pila, 
 and dice, alea 1 , for the practice of which the thermae 
 were notorious. Games at ball, pila 2 , (<r<f)aipa, <r<\>cupL- 
 crTifcrj,) were those played with the pila trigonalis, so 
 called either from its shape or from the players standing 
 at the three corners of a triangle ifollis was the foot-ball, 
 a larger species inflated ; paganica, the game of rustics, 
 stuffed with feathers, and less soft than thefollis 3 ; har- 
 pastum, a small kind of ball introduced by the Greeks, 
 and so named from its being scrambled for 4 whenever 
 it struck the ground, from apwafyiv . Technical terms 
 of the game were datatim 5 , raptim 6 , expulsion!. 
 
 1) Cf. Juven. 1, 88. 2) Cf. Mart. 4, 19. 7, 31 ; Sen. de Ben. 
 2, 17. 3) Mart. 14, 45. 4) Cf. Mart. 4, 19, 6 and 7, 66 : 
 
 " Harpasto quoque subligata ludit." 5) Plaut. Cure. 2, 3, 17 ; 
 
 and in frag. Enn. : " Quasi in choro pila ludens datatim dat se, et 
 communem facit," etc. 6) Novius ap. Non. : " In molis ludunt 
 
 raptim pila, datatim moroso." 7) Varro ap. Non. See the com- 
 
 mentators on Plautus, ut supra. 
 
 575. Alea was applied, I think, to all games involv- 
 ing hazard, and depending on chance, since the term is 
 used metaphorically of any peril or danger, and parti- 
 
542 ROMAN ANTIQUITIES. [p. ir. c. n. 
 
 cularly of games with the tesserae and tali K The dice, 
 tessera 2 , were cubes, such as those in use now, marked 
 on each face with dots. The Greeks and Romans also 
 played as boys do now with bones, or tali made of 
 bones, called by the Greeks ao-rpdyaXoi, whence darpa- 
 yaXl^ecv 3 . Ivory, silver, and gold tali were also made 
 in the shape of the natural bones, of ivory, gold 4 , or 
 silver; they had four flat and two curved faces, but 
 Schneider in his Lexicon states all six faces to have 
 been curved; they are figured in Pict. Herculan. 1. 
 Tab. Ii On their flat faces were fourteen points, 
 viz., ace, called unio ; and on the opposite side six, 
 senio ; on the other sides three, ternio, and four, qua- 
 ternio. They seldom fell on their two ends ; if they 
 did, and stood so, it was called talus rectus. Three 
 tesserae and four tali was the number generally used ; 
 both were thrown, whence the terms jacere, mittere, 
 jactus, ludere talis, tesseris : the dice-box was called 
 fritillus, turricula, or phimus, and the table or 
 board, tabula lusoria, aleatoria 5 , for us, alveus. 
 The most lucky cast in playing with the tessera? was 
 sixes, seniones ; the worst cast, ace, uniones 6 : in the 
 tali, the luckiest cast was when dissimilar numbers 7 
 turned up, such as one, three, four, six; the worst cast 
 when similar numbers turned up : in both games, the 
 luckiest throw was called Venus or basilicus; the worst, 
 canes 8 . I find twenty-eight stated as the amount of a 
 cast of four tali, and sixty-two to a main of three tes- 
 serae; but my calculation gives thirty-five to the former, 
 and fifty-six to the latter. 
 
 Tesserae were also used in the game duodecim scrip* 
 ta, in which counters, lapilli or calculi, were placed 
 according to the cast of the dice 9 . Some suppose this 
 game to have been not unlike modern backgammon, 
 though not with much probability, and the description 
 of the method of placing counters according to the cast 
 
sect. 475.] ROMAN ANTIQUITIES. 543 
 
 of the dice does not favour the supposition of its re- 
 semblance to chess. The game mentioned in the epi- 
 gram of Agathias, which De Pauw 10 has attempted to 
 explain, though evidently different from that referred 
 to by Ovid, has a resemblance to the duodecim scripta : 
 on the other hand, the carmen ad Calpurnium Pisonem, 
 and the description by Ovid of the game which he 
 compares to the latronum prcelia n , both agree with 
 chess in its resemblance to a contest 12 , and make no 
 mention of the use of dice. Terms applied to all these 
 games are, ludere latrunculis, latruncularia, calculum 
 ducere, reducere. Another game of chance was that of 
 odd and even 13 , and in practice called micare digitis l4 , 
 when one held up a finger or more, and another guessed 
 how many he held up ; it was practised in making bar- 
 gains l5 . 
 
 ]) Concerning both and the practices in playing, cf. Ovid. A. A. 
 3, 353. 2) From reVtropes, quatuor f The following words are 
 
 derived from tessera, and are of various meanings ; tesserula, Gell. 
 1 8, 3'; tessella ( 462), tesserraius, applied to a soldier 370, ars tes- 
 seraria, Amm. Marc. 14,6. 3) Cf. Plin. 33, 8. 4) Cf. Mart. 14, 14 ; 
 Suet. Tib. 14. 5) Cf. Suet. Aug. 71 ; Mart. 14, 17. 6) Cf. 
 
 Suet. Aug. 71. 7) Mart. 14, 14 : "Cum steterit nullus vultu 
 
 tibi talus eodem, Munera me dices magna dedisse tibi." 8) Con- 
 cerning the luckiest and most unlucky casts, see Prop. 4, 9, 17, 
 " Me quoque per talos Venerem quaerente secundos, Semper dam- 
 nosi subsiluere canes;" concerning the canes, Ovid. Trist.,2, 473, 
 " quo possis plurima jactu Fingere, damnosos efFugiasque canes." 
 Suet. Aug. 71, and from a letter of Augustus, " Talis enim jactatis, 
 ut quisque canem aut senionem miserat, in singulos talos singulos 
 denarios in medium conferebat, quos tollebat universos, qui Vene- 
 rem jecerat. 9) Cf. Cic. de Orat. 1, 50 ; Quint. 11,2 ; Ovid. 
 A. A. 364. 10) In the diatribe de veterum alea ad epigramma 
 Agathiae Scholastici ; Traj. ad Rhen. 1726. 11) In describing 
 which the author indulges his fancy : his seventeen verses are to be 
 reckoned among the most remarkable concerning the methods of 
 the ancients in playing on a board with pieces (calculi), called by 
 him vitrei milites, black and white, and directed by the mere skill 
 of the players, not by chance. 12) Ovid. A. A. 3, 357. 13) Cf. 
 Hor. Sat. 2, 3, 248;" Suet. Aug. 71. 14) Cf. Cic. de N. D. 2, 
 41 ; de Off. 3, 23 and 3, 19, " Dignus, quicum in tenebris mices," 
 Petron. 44; Suet. Aug. 13, "Patremet filium pro vita rogantes, 
 sortiri vel micare (al. dimicare) jussisse, ut alterutri concederetur." 
 15) Cf. Grut. Inscript. p. 647, No. 6. 
 
544 ROMAN ANTIQUITIES. [p. ir. c. n. 
 
 MARRIAGES AND DIVORCES. 
 
 476. Among the customs of domestic life, I shall in- 
 clude marriage and the education of children, in which 
 certain laws gave to husbands and fathers an authority 
 long severely exercised. 
 
 We have already said ( 82) that a legal marriage 
 could only obtain between persons who were both citi- 
 zens of Rome; and formerly only when both were either 
 patricians or plebeians : some even suppose it was 
 required that for a marriage to be legal, both parties 
 were required to be of the same house, gens. To legal 
 marriage, justum matrimonium, is opposed contuber- 
 nium. For such a marriage a betrothal, sponsio, fides, 
 of the bride to the bridegroom, with the consent of their 
 guardians or parents, and in the presence of their rela- 
 tions, was requisite: to this rite belonged the arrhcs 
 sponsalice 1 (appaftow, pignus), and the wedding ring, 
 annulus pronubus 2 . We meet with the expressions and 
 terms spondere {oirevhca), sponsus, sponsare, sponsu ad- 
 ligare; sponsalia efficere, contrahere, par are, prce- 
 bere; sponsaliorum dies, ccena, etc. 
 
 ]) Cf. Plaut. Mil.Gl. 4, 1,11 j Paul, in Pandd. 33, 2, 38; C. J. 
 5, 1,5, and 5, 2, 1. 2) Juven. 6, 25 : " Conventura tamen et 
 
 pactum et sponsalia nostra Tempestate paras, jamque a tonsore 
 magistro Pecteris, et digito pignus fortasse dedisti." 
 
 477. Three kinds of marriage are mentioned, differ- 
 ing in the rites by which each was contracted, and ori- 
 ginally in the connexion and legal bond consequent on 
 them, viz. confarreatio, coemptio and usus . The most 
 sacred was called confarreatio, and was contracted be- 
 fore ten witnesses, the Pontifex Maximus and Flamen 
 Dialis ( 324) offering sacrifice the while. The persons 
 to be united (confarreandi, quasi,) tasted of a cake made 
 of wheat, far (ea), salt and water : the remainder with 
 
sect. 478.] ROMAN ANTIQUITIES. 545 
 
 a sheep was offered to the gods 2 . The bride, called 
 nupta, from veiling her head {iiubo, nubes) with a veil 
 called fiammeum z on her wedding-day, after that aus- 
 pices had been taken, and the deities who presided over 
 marriage had been invoked and honoured by the sacri- 
 fice of a sheep, bidens*, was conducted towards even- 
 ing to her husband's house, with the following cere- 
 monies 5 , from which arise the expressions ducere uxo- 
 rem, deductio, Juno domiduca 6 . 
 
 1) See Caj. 1, 110. 2) Cf. Dionys. 2, 25 ; Tac. Ann. 4, 16 ; 
 
 Serv. ad Georg. 1,31 ; Boeth. Top. Cic. 3; Ulp. Fragmm. 9 ; Caj. 
 1, 1 10 ; Plin. 18, 3, " Quin et in sacris nihil religiosius confarrea- 
 tionis vinculo erat, novaeque nupta} farreum praeferebant." 3) Cf. 
 Luc. 2, 361, " Lutea demissos velarunt flammea vultus ;" Juven. 6, 
 225, " flammea content ;" see the note on 482. 4) Cf. Serv. 
 
 ad JEn. 4, 59. 5) Cf. Cat. 62, 119, sqq. 58, " Hespere, qui ccelo 
 fertur crudelior ignis ? Qui gnatam possis complexu avellere ma- 
 tris, etc." cf. Pomp, in Pandd. 23, 2, 5. 6) Cf. Lucan. 2, 354, sqq. 
 
 478. The bride, holding a distaflfin her hand, was torn, 
 pro forma, by the bridegroom, from the arms of her mo- 
 ther or her nearest surviving relation, and refrained from 
 stepping on the threshold of her home when leaving it, or 
 of her husband's house when entering it. Two youths 
 conducted her, izapdvv^oi, a third or several others lead- 
 ing the way with torches, {fax, pinus, tceda nuptialis) 1 ; 
 a fourth followed with her trousseau, perhaps he who 
 was called camillus ( 329), and carried in a covered 
 basket toys and linen for her children 2 . The bride 
 fastened woollen ribands on the door-posts of her hus- 
 band's house, and anointed them with the fat of a sow 
 or of a wolf 3 , and stepping on the fleece of a sheep at 
 the entrance, called the bridegroom ; he appeared, 
 bringing the keys to his bride, which she delivered to 
 a slave. Concerning the term Caia, see 480. Then, 
 they say, she touched fire and water 4 . The house was 
 generally adorned with wreaths of flowers 5 ; the hair of 
 the bride was adorned with the hasia 6 ccelibaris 1 , the 
 
 n n 
 
546 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 reason and origin of which are uncertain 8 ; she was 
 dressed in the tunica pura (recta, Plin. VIII. 48), the 
 vitta pura 9 , the zona, (whence zonam solvere) 10 : 
 the flammeum ( 477), the prcetexta, the dress of vir- 
 gins, which they consecrated Jo Fortuna Virginalis u , 
 and the bulla, consecrated likewise, together with her 
 playthings, to Venus 12 or to the family god, lar 
 familiaris. The ccena nuptialis followed the bring- 
 ing home, at which it was usual to scatter nuts to 
 the guests 13 , after which the newly-married couple re- 
 tired 14 , and the young people, boys and girls, sang the 
 hymenceum or marriage song before the house door, and 
 indulged in jokes upon the bridegroom l5 , and even on 
 the bride, repeating the customary cries, Hymen, O 
 Hymencee ! Io, Hymencee l6 ! Talassio ( Talassius, Ta- 
 lassus) has some connection with Hymenceus or is syno- 
 nymous to it, and is a word applied peculiarly to such 
 occasions 17 ; hence Talassio servire, Cat. LVII. 134, to 
 marry ; Talassionem dicere, Mart I. 36, 6, etc. The 
 origin of the term is variously given by old authors ; 
 some derive it from the reputation of a certain Talas- 
 sius, for having obtained the most beautiful of the Sa- 
 bine women 18 ; others from raXapov, quasillum, the bas- 
 ket in which wool was kept for spinning, it being the em- 
 blem of weaving wool, according to Varro apud Festum. 
 On the following day the bride sacrificed to the gods, 
 and her husband treated his friends to a feast (called 
 repotia), and on their departure made them presents. 
 
 1) Cf. Creuz. 69. 2) Cf. Varro de L. L. 6. p. 72 ; Fest. in 
 cumeram and cumerum ; Plaut. Cistell. 3, 1, 5 ; Rud. 4, 4, 37. 
 3) Plin. 28, 9, " ne quid mali medicamenti inferretur." 4) Lip- 
 sius ad Tac. Ann. 4, 16, e Servio, " quid enim est aliud dextrae, 
 quam in manum convenire ; quae conventio eo ritu perficitur, ut 
 aqua et igni adhibitis, duobus maximis elementis, natura conjuncta 
 habeatur : quae res ad farreatas nuptias pertinet, quibus Flaminem 
 et Flaminicam jure pontificio in matrimonium necesse est convenire." 
 Cf. Ovid. Fast. 4, 792 ; A. A. 2, 598, " Quos faciunt justos ignis et 
 unda viros ;" Yarr. L. L. 4. p. 18. 5) See 482. loc. ; Juven. 
 
sect. 479.] ROMAN ANTIQUITIES. 547 
 
 Luc. 2, 354, " Fe8ta coronato non pendent limine serta." 6) A 
 very small one, which Plutarch calls Sopdnov ; Ovid calls it incurva. 
 I have, in vain, endeavoured to discover whether the epithet cceli- 
 baris is derived from caelebs or from some other root. 7) See 
 
 Fest. in celibari ; Plut. Q. R. 87; Arnob, 1. 2, " Numquid nu- 
 bentium crinem ccelibari hasta mulcetis ?" Ovid. Fast. 2, 559, " Nee 
 tibi, quae cupidae matura videbere matri, comat virgineas hasta re- 
 curva comas." 8) The ancients themselves give most contradic- 
 tory accounts of the reason and origin of the custom. Festus in 
 aliis, " Quae in corpore gladiatoris stetisset abjecti occisique, ut, 
 quemadmodum ilia conjuncta fuerit cum corpore gladiatoris, sic ipsa 
 cum viro sit. vel, quod fortes viros genituras ominetur." Plutarch, 
 among others, asks, if it was not symbolical of the first wives of the 
 Romans having been married by violence, and taken by force of 
 arms ; or from the spear being sacred to Juno, who presided over 
 brides. 9) Cf. Prop. 4, 3, 15 ; Idem 4, 1 1, 33, " Mox ubi jam 
 
 facibus cessit praetexta maritis, vinxit et acceptas (some read asper- 
 sas) altera vitta comas." 10) Cat. 57, 52, " Tibi virgines zonula 
 soluunt sinus." 11) Arnob. 1. c. " Numquid puellarum togulas 
 fortunam defertis ad virginal em ?" 12) Cf. Pers. 1, 70, "Veneri 
 donatae a virgine puppae." 13) Cf. Cat. 57, 128, sqq. ; Virg. 
 
 Eel. 8, 30. 14) Arnob. 1. c. " toga sternitis lectulos?" cf. 
 
 Lucan. 2, 357, " stat torus, et picto vestes discriminat auro." 
 15) Cf. Fescennina locutio. Cat. 57, 127. 16) See Catull. 57, 58. 
 17) Cf. Liv. 1, 9; Dionys. 2, 31 ; Plut. Rom. 14; Q. R. 31 ; Serv. 
 ad JEn. 1, 651 ; Fest. in Tallassionem. 18) See Liv. 1, 9. 
 
 479. The ceremony, confarreatio, by which, accord- 
 ing to Servius, the Flamen and Flaminica ( 324) were 
 obliged to be married, in nuptias convenire, was in 
 early times a common practice, but of rare occurrence 
 under the Caesars l , and conferred certain privileges on 
 the wife and her children which other kinds of marriage 
 did not, though it would be difficult to say what they 
 were. We read in Tacitus 2 that the Flamen Dialis 
 was chosen from among those whose parents had been 
 married by this rite, confarreati ; others seem to think 
 that only the children of such persons were called 
 patrimi and matrimi ; others, that he whose father 
 was alive was called patrimus, he whose mother was 
 living, matrimus, and he whose parents both survived, 
 patrimus and matrimus 5 . However, I am inclined 
 to think that those things which constitute the rights 
 and duties of a wife were entailed on any woman who 
 was married by any one of the three kinds of union, 
 
 NIl2 
 
548 ROMAN ANTIQUITIES, [v. n. c. n. 
 
 such as the title of materfamilias, (domina, hera, ma- 
 tronal) a right of succeeding to the whole of her hus- 
 band's property if he died intestate, or of inheriting an 
 equal share with his children, and of sharing in her hus- 
 band's property, and a participation in his sacred things 
 ( 78 and 79), and also became subject to her husband 
 {in manum veniebat*). The husband had great power 
 over his wife as well as over his children ; he was him- 
 self her judge and punisher in case of her offending 
 seriously, or he might intrust her punishment to her 
 relatives 5 . 
 
 1) Cf. Tac. Ann. 4, 16. 2) Cf. Caj. 1, 112, and the remarks of 
 Dirksen. Versuche zur Kritik. p. 115. 3) Cf. Fest. in patrimes 
 
 and flaminia ; Cic. de H. R. 11 ; Tac. Ann. 4, 53; Zos. 2, 5 and 6. 
 4) Cf. Caj. 1, 109 ; Cic. Top. 3, " Si ita Fabiae pecunia legata est 
 a viro, si ei viro mater familias esset : si ea in manum non con- 
 venerat, nihil debetur. Genus enim est uxor : ejus duae formae, 
 una matrumfamilias, earum, quae in manum convenerunt, altera 
 earum, quae tantummodo uxores habentur : qua in parte cum fuerit 
 Fabia, legatum ei non videtur." Cf. Cic. pro Flacco, 34. 5) Cf. 
 Dionys. 2. 25, and the remarks of Dirksen. Versuche p. 296 ; Plin. 
 14, 13; Suet. Tib. 35 ; Tac. Ann. 13, 32. 
 
 480. As anything became a person's property, by 
 being possessed by him for a certain space of time 
 ( 100), so a wife became the lawful property of her 
 husband, and thus was transferred from her father's 
 into her husband's power, by cohabiting with him, with 
 the consent of her father or guardian 1 , for a whole year 
 without being three nights absent 2 . Any wife who had 
 been absent was said to be usurpata, not usu capla ; 
 she neither became subject to her husband's authority, 
 nor enjoyed all the rights of a wife, being styled ma- 
 trona merely (according to Gellius 3 ), not materfamilias, 
 and considered only as uxor 4 . 
 
 The following is said to have been the method of 
 marriage termed coemptio, a process by which the wo- 
 man acquired a husband, or became mistress of pro- 
 perty by the custom of mancipatio ( 97), as Caius 
 states 5 . The bridegroom asked the bride if she wished 
 to become materfamilias, and she in return asked of him 
 
sect. 481.] ROMAN ANTIQUITIES. 549 
 
 if he wished to become paterfamilias : if he answered 
 in the affirmative she gave him one of three asses which 
 she had for the purpose, hence it was called coemptio: 
 another of the pieces of money she carried in her shoe, 
 and afterwards dedicated it to the Lares, on the fire- 
 place ; the third she kept in her pocket, and took out 
 when she came to the nearest cross-roads, and thus she 
 became her husband's 6 . Some, however, think that 
 the custom, coemptio, which is found among other na- 
 tions, was not a distinct ceremony originally, but formed 
 part of the rite confarreatio, and afterwards was the 
 only ceremony preserved, the other portions falling into 
 disuse 7 . From a passage in Cicero 8 we may collect 
 that the custom of styling the husband Caius and the 
 wife Caia pertained to the rite of coemptio, though 
 some have applied it 9 to all species of marriage cere- 
 monies 10 , 
 
 1) Cf. Cic. pro Flacco 34. 2) C. Caj. 1, 11 1. 3) Gell. 
 
 18, 6. 4) Cf. 479 ; Cic. Top. 3. 5) Caj. 1, 113, sq. 6) Cf. 
 Varro ap. Non. c. 12, n. 50; Boeth. in Top. Cic. 4 ; Serv. ad JEn. 
 4, 103 ; Cic. pro Flacco 34; pro Mur. 12; de Orat. 1, 56. 7) Cf. 
 Creuz. 65. 8) Cic. pro Mur. 12, " putarunt omnes mulieres, 
 quae coemptionem facerent, Cajas vocari." 9) Quint. 2, 7, 
 
 " quia, tarn Cajas esse vocitatas, quam Cajos,etiam ex nuptialibus 
 sacris adparet." 10) Some say that the bride was asked, at her 
 husband's door, who she was, and she answered Caia : see the Epi- 
 tome de Praenom., ascribed to Jul. Paris. ; or, as Plutarch says, she 
 was taught to say, ubi tu Caius, ego Caia ; and that the custom ori- 
 ginated in memory of Caia Caecilia Tanaquil, the wife of Tarquin P., 
 who was renowned for being a notable worker in wool, then con- 
 sidered the highest accomplishment in a woman. See Plin. 8, 48 ; 
 Fest. in Caia; Plut. Q. R. 30; cf. Creuz. 69. 
 
 481. Cohabitation, concubinatus ( 82), which had 
 never been severely forbidden, that I can find, was by 
 the laws Julia and Papia Poppaea permitted, with some 
 exceptions, and even made equal to lawful marriage in 
 the eye of the law, as marriage even at that time began 
 to be shunned by many who felt averse to its burdens 1 . 
 From that time the term concubine (arnica, sodalici- 
 
550 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 aria, convictrix), formerly equivalent to pellex, became 
 less dishonouring : however, public censure applied 
 the terms qucestuaria, provincialis, to those concubines 
 who, though not living in adultery, were living with 
 men whose lawful wives they never could be (seeHein. 
 Synt. App. 39, 40). Moreover, no married man was 
 allowed a concubine, nor a bachelor, more than one, 
 and the affinity which prevented marriage prevented 
 cohabitation also between parties. 
 
 1) Cf. Plin. Ep. 4, 15. 
 
 482. The laws of the XII Tables, and even more an- 
 cient laws, permitted divorce, but not at the request of 
 the wife, nor even at the husband's request, unless for 
 serious reasons. The law of Romulus punished him 
 who lightly repudiated his wife, by the forfeiture of his 
 property, giving one portion to the wife, and consecrat- 
 ing the other to Ceres 1 . Lawful reasons were afforded 
 by the wife's committing adultery, dealing in sorcery, 
 exchanging her husband's offspring for other persons' 
 children, or murdering her own ; or by causing her hus- 
 band's [keys to be counterfeited for her own use, or by 
 drinking wine against his orders 2 . But in those times, 
 so chaste were the morals of the people, that divorces 
 were seldom or never heard of 3 ; during the demoral- 
 ised state of the city they were very frequent, and often 
 when the husband could furnish but frivolous reasons, 
 or even none at all, as in the case of .ZEmilius Paulus. 
 Some repudiated their wives when grown old ; and some 
 married women of bad character, that they might have 
 a good reason for repudiating them, and yet not refund- 
 ing their dowry, which they would have been obliged 
 to do if they had not a lawful pretext. Wives also, as 
 we find, deserted their husbands on the slightest provo- 
 cation, or on none at all 4 ; this shameful practice was 
 frequently but vainly opposed by laws. The ceremo- 
 
sect. 483.] ROMAN ANTIQUITIES. 551 
 
 nies requisite in divorcing differed formerly, and de- 
 pended on the different kinds of marriage between the 
 parties ; terms common to all modes were, repudiare, 
 repudium renunliare, mittere, remittere, dicere; and pe- 
 culiar modes were diffarreatio and remancipare 5 : some 
 of the modes are known, and consisted in breaking the 
 tablets containing the articles of marriage, in the pre- 
 sence of seven witnesses 6 , taking the keys from the 
 wife 7 , and pronouncing forms of speech such as, res 
 tuas tibi habeto, tuas res tibl agito, exi, exi ocius, vade 
 foras, and the like 8 : hence the terms exigere foras 9 , 
 ejicere foras. In case of absence a letter announced 
 the act of divorce to the wife, to which practice the 
 terms renuntiatio, nuntium remittere uxori 10 belong. 
 Other particulars I shall omit. 
 
 1) See Plut. in Rom. 22, and the remarks of Dirksen Versuche, 
 p. 298. 2) Cf. Plut. in Rom.; Gell. 10,23; Plin. 14, 12. 
 
 3) Cf. Gell. 4, 13 ; Valer. M. 2, 1, 4 ; Dionys. 2, 25. 4) Cf. 
 
 Cic. ad Div. 8, 7 ; Sen. de Ben. 3, 16 ; Mart. 6, 7 ; Juven. 6, 224, 
 
 Imperat ergo viro ; sed mox haec regna relinquit, 
 
 Permutatque domos, et flammea content, inde 
 
 Avolat, et spreti repetit vestigia lecti. 
 
 Ornatas paulo ante fores, pendentia linquit 
 
 Vela domus, et adhuc virides in limine ramos. 
 
 Sic crescit numerus, sic fiunt octo mariti 
 
 Quinque per autumnos. 
 5) Cf. Fest. in remancipatam. 6) Cf. Tac. Ann. 11, 30; Juven. 
 9, 75. 7) Cf. Cic. Phil. 2,28. 8) Cf. Mart. 11, 105; Juven. 
 6, 144, " Tres rugae subeant, Collige sarcinulas, dicet libertus,et 
 exi;" and (v. 170) he facetiously alludes to the formula used in 
 divorces, " Tolle tuum, precor, Hannibalem victumque Syphacem 
 In castris, et cum tota Carthagine migra." 9) Cf. Ter. Hec. 2, 1 ,45. 
 10) Cf. Cic. deOrat. 1,40. 
 
 THE EDUCATION OF CHILDREN. 
 
 483. We have elsewhere mentioned the ceremony of 
 acknowledging a child, puerum tollere, the use of the 
 bulla and toga prcetexta and virilis or libera ( 450). 
 The toga virilis was generally assumed with private 
 
552 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 ceremonies by youths of good family, but frequently 
 with public solemnities 1 by the sons of nobles. Its adop- 
 tion was the entrance on public life 2 , and to it refer the 
 expressions forum attingere, in forum venire, tiroci- 
 nium 3 and tiro* ( 471). The day on which a man 
 first shaved 5 was also observed, and his beard was de- 
 dicated to some god, as the hair also was 6 ; a boy was 
 named on the eighth, a girl on the ninth day, called 
 dies lustricus or nominalis, and the ceremonies nomi- 
 nalia 7 , whence also dea nundina 8 . 
 
 We have sufficiently treated elsewhere of paternal 
 authority, of adoption and emancipation, and also of 
 tutelage. The education of children was different in 
 ancient times from what it became afterwards ; for the 
 discipline of boys was more strict when the luxuries 
 furnished by wealth were unknown and the minds of 
 the Romans uncultivated ( 396) ; it was adapted by its 
 severity to excite and cherish martial courage in the 
 youthful mind, and hence consisted mainly in bodily 
 exercises. 
 
 1) Cf. Suet. Cal. Tib. 54. 2) Entree dansle monde. 3) Cf. 
 Ovid. Fast. 3, 787 ; Plin. 8, 48. 4) Suet. Aug. 26; Tib. 54; Cal. 
 10. 5) Cf. Juven. 3, 186; Suet. Cal. 10; Nero 12, " Inter bu- 
 thysiae adparatum barbam primam posuit, conditaraque in auream 
 pyxidem et pretiosissimis margaritis adornatam Jovi Capitolino 
 consecravit." 6) Cf. Cat. 62, de coma Berenices ; Juven. 3, 186; 
 Stat. Sylv. 3, 4. 7) Tertull. de Idol. 16. 8) See Macrob. 
 
 Saturn. 1, 16. 
 
 484. When old customs were laid aside ( 401), 
 greater care in cultivating the powers of the mind in 
 children as well as in adults was introduced, together 
 with a milder discipline, by the example of the Greeks 
 and under Greek instructers. From that time the early 
 education of the sons of the nobles was intrusted to a 
 Greek pedagogue, under whose instruction and ma- 
 nagement the pupil was initiated into a knowledge of 
 his own language and Greek, as well as of writing 
 
sect. 485.J ROMAN ANTIQUITIES. 553 
 
 and elocution : on this primary part of education we 
 have already sufficiently treated ( 407). The me- 
 thod among the early Romans who had no schools 
 on the Greek plan, nor gymnasia, was very different ; 
 then the boy was under the care of a private tutor and 
 domestic attendant, rather for the sake of watching his 
 moral than his intellectual improvement ; and his bo- 
 dily strength was developed by various public exercises, 
 trainings, and customs, with a view to fit him for war : 
 buildings for such purposes existed even in early times, 
 generally arece or campi, among which the Campus 
 Martius was celebrated ( 48 and 161). The general 
 neglect of such training in boys is complained of univer- 
 sally by writers 1 . 
 
 1) Cf. Hor. Od. 3, 2; 3, 6, 24, and 50, sqq. 
 
 FUNERAL RITES. 
 
 485. Friends and relatives gathered round the dying 
 to bestow the last proofs of affection on them by kissing 
 them 1 , closing their eyes 2 , receiving their last breath, 
 and removing their rings (which, however, were replaced 
 when the corpse was about to be burnt, as some con- 
 jecture from Propertius 3 ), and uttering cries 4 , whence 
 the expression conclamatus 5 , corpora conclamata, con- 
 clamatum est 6 , have, vale 1 . We find on these occasions 
 the same rites nearly as those practised by the Greeks ; 
 the mode of conducting the funeral rites of great men 
 was nearly as follows. It was customary to anoint the 
 corpse after it had been washed ; these unctions are 
 mentioned in the XII Tables 8 , and, according to Ser- 
 vius, ad iEn. IX. 487, were performed by pollinctores, 
 so called as if os polline abluentes 9 . The whole ma- 
 nagement and direction of the obsequies belonged to 
 the libitinarii 10 , undertakers, so called from Libilina 
 
554 ROMAN ANTIQUITIES. [p. ft. c. n. 
 
 or Venus Libitina 11 . The corpse, funus, being 
 anointed and dressed in the toga 12 according to the 
 rank of the deceased 13 , the head having been, among 
 great men at least, crowned 14 , and the insignia of rank, 
 such as the palma of a conqueror, placed beside it, 
 with a piece of money 15 in its mouth to pay the ferry- 
 man (Charon), was placed on a bier and strewed with 
 flowers 16 , and was for several days honoured by tears 
 and lamentations, and by expressions, feigned or 
 real, of the most poignant distress. A bough of 
 cypress 17 or of pine was stuck into the ground before 
 the door of the deceased ; hence the expressions cu- 
 pressus invisce 18 , ferales 19 , funereafrons. This laying 
 in state was followed by the procession, elatio, efferre, 
 K<f)6p6o-6ai> 20 , To these practices also apply funus du- 
 cere, Juven. I. 146; facere, Cic. de Legg. II. 24, and 
 justafacere, which infers the due observance of all ne- 
 cessary rites, Cic. ibid. 22 ; exsequice, etc. 
 
 1) Cf. Cic. Verr. 5, 45 ; Quint. 9, c. extr. ; Virg. JEn. 4, 684. 
 2) Ovid. Trist. 3, 3, 43, u Nee raandata dabo, nee cum clamore su- 
 premo Labentes oculos condet arnica manus ?" 3) Prop. 4, 7, 9. 
 4) Liv. 4. 40. 5) Lucan. 2, 22; Ovid. 1. c. and v. 50 ; Lucr. 
 3, 468, " Unde neque exaudit voces, neque noscere vultus Illorum 
 potis est, ad vitam qui revocantes Circumstant, lacrymis rorantes 
 ora genasque." 6) Ter. Eun. 2,3, 57. 7) Catull. 101, extr. ; 
 cf. Virg. iEn. 11, 97. 8) See Cic. de Legg. 2, 24. 9) Cf. 
 Ulp. 1. 5. 8, de Instit. Act. 10) Cf. Suet. Nero 39. 1 1) Cf. 
 Hor. Od. 3, 30, 6 ; Sat. 2, 6, 19, " Libitinae quaestus acerbse ;" Liv. 
 40, 19. 12) Cf. Liv. 34,7 ; Juven. 3, 171, "Pars magna Italic 
 est, si verum admittimus, in qua nemo togam sumit, nisi mortuus." 
 13) Cf. Virg. JEn. 6, 221 ; Serv, ad JEn. 3, 67. 14) Cf. Cic. de 
 Legg. 2, 24. 15) Juven. 3, 265, " jam sedet in ripa, nee habet, 
 quern porrigat, ore trientem." 16) Cf. Dionys. 11,39. 17) Plin. 
 16, 33," Cupressus. Diti sacra et ideo funebrisigno addomosposita." 
 Festus on Cupressus says, the reason was because these trees when 
 cut down do not sprout again ; cf. Serv. ad ^En. 3, 64 ; Sen. ad 
 Marc. 15. 18) Hor. Od. 2, 14, 22. 19) Virg. JEn. 6, 216. 
 20) Cf. Don. ad Ter. Andr. 1, 1, 90. 
 
 48G. The procession, which was under the direction 
 of the designator 1 or dominus funeris 2 , was opened by 
 the siticines, or funeral trumpeters 3 , and prczficce, or 
 
sect. 487.] ROMAN ANTIQUITIES. 555 
 
 hired female mourners who sang ncenice, verses contain- 
 ing the praises of the deceased 4 : next were carried the 
 waxen figures, usually kept, as we have before said 
 ( 432), in the atrium 5 , the right of having which, 
 some say, is meant by the term jus imaginum ( 132), 
 and mixed with them a crowd of mummers and 
 maskers, representing in dumb show 6 the actions, and 
 even repeating and mimicking the expressions and voice 
 of the deceased and of his ancestors : these were fol- 
 lowed by the enfranchised slaves and freedmen 7 preced- 
 ing the corpse, surrounded by the friends and relatives 
 in funeral dresses, and borne by them on an open bier, 
 lectica, feretrum* , torus : according to some, the friends 
 and relatives came next after the images. Other para- 
 phernalia are mentioned, such as crowns won by the 
 deceased, the plans of cities he had conquered, etc. 
 
 I) Hor. Ep. 1,1,5:" Dum ficus prima calorque Designatorem 
 decorat lictoribus atris." 2) Cf. Cic. ad Att. 4, 2 ; de Legg. 
 
 2, 24. 3) Cf. Gell. 20, 2 ; Hor. Sat. 1, 6, 43 ; Sen. de morte 
 
 Claudii : " Et erat omnium formosissimum (funus), et impensa cura 
 plenum, ut scires deum efferri ; tibicinum, cornicinum omnisque ge- 
 neris aeneatorum (al. senatorum) tanta turba, tantus conventus, ut 
 etiara Claudius audire posset." On the use of the trumpet at fune- 
 rals, see Prop. 2, 10, 19 (J 445) ; cf. Hor. Sat. 1, 6, 143. 4) Cf. 
 Fest. in nania ; Cic. de Legg. 2, 24 ; Hor. A. P. 431 ; Od. 2, 20, 
 21 ; Ovid. Fast. 6,668, " Ducit supremos naenia nulla toros ;" Quint. 
 8, 2, " Ut carmen funebre proprie naenia ;" hence namia is used of 
 songs of grief (cf. Hor. Od. 2, 1, 38, " Ceae retractes munera nae- 
 niae") ; and in fact of any lamentable event, even of any kind of song, 
 and (as the French word chanson) it means, ' nonsense, trifles ;' cf. 
 Hor. Od. 3, 28, 16; Epist. 1, 1, 62. The word lessum was, by the 
 ancients, thought to mean a funeral lament or howl : hence lessum 
 habere, facer e ; cf. Cic. de Legibus, 2, 23 ; cf. Plaut. True. 4, 2, 18. 
 5) Cf. Juven. 8, init. ; Prop. 2, 10, 19 ; Tac. Ann. 3, 76. 6) Cf. 
 Plin.35, 12 ; Polyb. 6, 53 ; Dionys. 7, 72 ; Suet. Tib. 57, and Vesp. 
 19: " infunere Favo (?)archimimus personam ejusferens, imitans- 
 que, ut est mos, facta ac dicta vivi," etc. 7) Cf. Liv. 38, 55. 
 
 8) Cf. Prop. 2, 10, 29. 
 
 487. The procession moved through the Forum, 
 where it was customary for a funeral panegyric * to be 
 pronounced before the rostra ; the corpse was usually 
 
556 ROMAN ANTIQUITIES. [p. h. c. 11. 
 
 buried beyond the city walls by the public highway 2 . 
 The ancients state that formerly the Romans were wont 
 to be buried in their own farms or in the city 3 , and this 
 is confirmed by the law of the XII Tables (p. 254) : 
 Hominem mortuum in urbe ne sepelito, neve urito* ; but 
 exceptions were granted in the case of illustrious men, 
 who were frequently interred within the city, and some- 
 times in the Campus Martius 5 . Concerning the puti- 
 culi of the poor beyond the Esquiline hill consult Fes- 
 tus on the word Puticulus 6 . It seems that formerly it 
 was more usual to bury 7 the body than to bury the ashes 
 after burning it: though the words neve urito 8 , in the 
 law of the XII Tables, prove that it was practised even 
 in those times. And in later times the custom of bury- 
 ing infants who died before cutting a tooth 9 , or, as 
 others say, before they were forty days old 10 , obtained, 
 and was observed in the case of members of the gens 
 Cornelia 11 . In the case of a man struck by lightning, 
 see 321. The funeral pile, rogus or pyra, was built 
 according to the means and rank of the deceased, and 
 kindled by the relatives 12 , after having been sprinkled 
 with odour, with averted eyes. On the burning pile 
 were thrown valuables, especially the arms, clothes, and 
 other property of the deceased or even of his friends. 
 The corpse having been consumed during lamentations 
 and weeping, and the fire having been quenched by 
 wine, the friends and relatives collected the bones and 
 parts of the ashes, and placing them with odours and 
 other things in an urn, committed it to the sepulchre: 
 to these practices ossilegium, urnce cinerarice, ossarice, 
 refer. Bod:es not intended to be burnt were carried 
 inclosed in coffins, loculi, capulitferetra, sarcophagi. 
 
 1) Cf. Dionys. 4, 40. 11, 39 ; Plut. Public. 9. 2) Cf. Juven. 
 1, extr., " Quorum Flaminia tegitur cinis atque Latina;" Nepos in 
 Att. c. extr. 3) Cf. Isid. Origg. 15, 11 ; Liv. 6, 36. 4) See 
 Cic. de Legg. 2, 23. 5) Cf. Cic. ib. ; Suet. Caes. 84. 6) Hor. 
 
sect. 488.] ROMAN ANTIQUITIES. 557 
 
 Sat. 1, 8, 10 ; Suet. Aug. 72. 7) Cic. ib. 8) Cf. Cic. de 
 
 Legg. 2, 22 and 23 ; Creuz. 303. 9) See Plin. 7, 16. 10) To 
 which the term suggrundarium was applied ; sc. sepulchrum, a sug- 
 grunda v. suggrundio, a projecting roof; see Fulgent. Expos. Serm. 
 Antiq. 7 ; Creuz. 302. 1 1) Cf. Cic. de Legg. 2, 22. 12) Cf. 
 Virg. Mn. 6, 223. 13) Cf. Tac. Ann. 3, 2; Suet. Cjes. 84. 
 
 14) Cf. Tib. 1, 1, 75 (61), " Flebis et arsuro positum me, Delia, 
 lecto ;" Prop. 1,17, 23, " Ilia meum extremo clamasset pulvere no- 
 men, Ut mini non ullo pondere terra foret ;" where the last verse 
 paraphrases the common expression found on tombstones, sit tibi 
 terra levis ! 15) Cf. Tib. 1, 3, 5. 3, 2, 23 ; Prop. 1, 17, 12 ; 
 
 Hor. Od. 2, 6, 22. 16) Cf. Horn. Iliad, extr. ; Ovid. Trist. 3, 
 
 3, 65 ; Tib. 3, 2, 9, will furnish a commentary on this subject. 
 Ergo ego quum tenuem fuero mutatus in umbram, 
 
 Candidaque ossa super nigra favilla teget, 
 Ante meum veniat longos incomta capillos, 
 Et fleat ante meum moesta Neaera rogum. 
 Sed veniat carae matris comitata dolore. 
 Moereat haec genero, moereat ilia viro. 
 Prsefatae ante meos manes, animamque precatae, 
 
 Perfusaeque pias ante liquore manus, 
 Pars quae sola mei superabit corporis, ossa 
 
 Incinctae nigra Candida veste legant. 
 Et primum annoso spargant collecta Lyaeo, 
 
 Mox etiam niveo fundere lacte parent. 
 Post haec carbaseis humorem tollere velis, 
 Atque in marmorea poneie sicca domo. 
 Illic, quas mittit dives Panchaia merces, 
 
 Eoique Arabes, dives et Assyria, 
 Et nostri memores lacrimae fundantur eodem. 
 
 Sic ego componi versus in ossa velim. 
 Sed tristem mortis demonstret litera causam, 
 
 Atquae haec in celebri carmina fronte notet : 
 Lygdamus hie situs est ; dolor huic et cura Neaerae, 
 Conjugis ereptae, causa perire fuit." 
 I may add from Propertius, 1, 17, 11, sqq., and a remarkable pas- 
 sage 2, 10, 16, sqq. 17) Cf. Ulp. Pandd.37, 12, 2. 18) Cic. 
 de Legg. 2, 24. 19) Cf. Plin. 2, 96. 36, 17. 
 
 488. Suffltio was also one of the funeral rites ; on 
 returning from the funeral the mourners and followers 
 were purified, by being sprinkled with water, and by 
 stepping over fire (vide Fest. in aqua.) The formula in 
 breaking up the procession, was ilicet 1 . The funeral 
 was closed by a feast, silicerniumz, and games 3 , par- 
 ticularly shows of gladiators ( 350), celebrated fre- 
 quently at the monument, or even whilst the pile was 
 
558 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 burning 4 . On the ninth clay after, a sacrifice was 
 offered, called novendiale, inferice 5 . 
 
 The ancients say that the funeral took place on the 
 eighth day after death 6 , formerly at night, usually in 
 the evening, and therefore they derive the word funus 
 from funales, and vespillo from vespera, as if vesper o 1 \ 
 in later times poor people 8 and the young 9 only were 
 buried at night by torchlight, or by the light of waxen 
 tapers, without procession. 
 
 1) Cf. Serv. ad tEii. 6. 215 ; Don. ad Ter. Phorm. 1, 431 ; Heaut. 
 5, 2, 21. 2) The ancients account in different ways for the 
 
 derivation of this word, deriving it either from silens and cerno, as 
 though it witnessed the presence of the silent dead : others from 
 silex and ccena, silicenium, as if the food was laid on flint stones ; 
 this is approved of by Jos. Scaliger, who supposes silicernium to 
 stand for silicesnium, as cesna for ccena, See Dacier ad Fest. 
 
 3) Cf. Suet. Caes. 26; Serv. ad JEn. 5, 91 ; Fest. in silicernium. 
 
 4) Cf. Creuz. 306. 5) Cf. Tac. Ann. 6, 5 ; Hor. Epod. 17, 
 48. 6) Cf. Serv. ad JEn. 5, 64 ; Tac. Ann. 13, 17. 7) See 
 Serv. ad JEn. 11, 143. Cf. Don. ad Ter. Andr. 1, 1, 51 ; Fest. in 
 vespce ; Prop. 4, 11, 46: "inter utramque facem." 8) Cf. 
 Dionys. 4, 40; Suet. Dom. 17. 9) Serv. 1. c. 
 
 4S9. The different kinds of tombs, and the parts of 
 them, were named bustum, tumulus, conditorium, momi- 
 menUim,coemeterium^ (fcoc/jLrjTrjpiov,) cinerarium 2 -, hypo- 
 gcea, were catacombs, and columbarium, the burial-place 
 of the freedmen and slaves of Livia Augusta, so called 
 from its shape, and illustrated by Gorius 3 ; cenotaphium 
 {jcevoTafyiov , an empty tomb), mausoleum. Sepulchres 
 were also termed singularia,familiaria, gentilitia, etc. 
 In tombs, there are frequently found coins, urns, flasks 
 (ampulla, phialce) for holding tears 4 or perfumes, 
 sepulchral lamps 5 , etc. The use of grave-stones (saxa, 
 cippi, columnoe sepulckrales) was as common as it is 
 now, and from the numbers still preserved, inscriptions, 
 epitaphia, have been collected commemorative of the 
 names, titles, affection, piety, and other qualities of the 
 dead usually engraven on tombstones 6 . We have 
 
sect. 490.] ROMAN ANTIQUITIES. 559 
 
 already said ( 94 and 95) that sepulchres were sacred, 
 and under the jurisdiction of the pontifex. 
 
 1) Tertull. de Anima c. 51. 2) Found on inscriptions in 
 
 Grut. ; for instance, p. 850. n. 10, 418, n. 11. 3) See Champollion 
 Resume d'Archeol. v. 1. p. 108. 4) Some at present doubt this ; 
 cf. Tib. 3, 2, 25. 5) See Guther. de jure Man. 1. 2. c. 32 ; Thes. 
 Graev. v. 12. 6) Cf. Tib. 1, 3. 54, 3. 2, 27 ; Prop. 2, I, 82: 
 
 " breve in exiguo marmore nomen ero ;" 7, 83 ; Ovid. Trist. 3, 3, 
 71. 
 
 490. Funerals were either public and announced 
 by proclamation, indictiva and censoria 1 , or else pri- 
 vate, tacita, translatitia, plebeia 2 , etc. Among public 
 funerals, those of the Caesars are particularly remark- 
 able, and were of a distinct kind, called consecratio, 
 apotheosis, and the defunct emperor was in conse- 
 quence termed divus. On these occasions the image of 
 the deceased was burnt on a lofty pile, from the top of 
 which an eagle flew upwards as though bearing the 
 spirit to Olympus 3 . Slaves and the poor were carried 
 to the grave on a sandapila, coffin or bier, by vespillo- 
 nes, vespce 4 , or to the pile by ustores ; these were also 
 called sandapilarii, and afterwards lecticarii 5 , and the 
 bier, vilis area, Hor. Sat. I. 8, 9, orciniana sponda, 
 Mart. X. 5, 9. We have already said the funerals of 
 persons under age were conducted without pomp ; vast 
 sums were frequently expended on those of the rich 6 ; 
 on public funerals enormous; and sometimes incredible 
 sums were lavished by the Romans, whose profuse ex- 
 penditure on magnificent exhibitions we have elsewhere 
 stated to have proceeded to inconceivable lengths. 
 Instances of this are found in the funerals of Sylla 7 and 
 Poppaea 8 . Cicero 9 mentions that by the laws of the 
 XII Tables (p. 254) lavish expenditure on funerals was 
 forbidden : they prohibited the use of gold on these 
 occasions, ne aurum addatur 10 , or more than ten flute- 
 players, tibicines ( 444), or three hired mourners, 
 
560 ROMAN ANTIQUITIES. [p. ii. c. ii. 
 
 ricinia, and also neve lessum funeris ergo habento (mu- 
 lieres), and rogum ascia ne polito 11 ; expressions not 
 understood even by the ancients. Pliny says there was 
 a still more ancient law, vino rogum ne respergito. 
 Pliny, XIV. 12. 
 
 1) Cf. Tac. Ann. 4, 15. 2) Cf. Sen. de Tranq. c. 1 ; Suet. 
 
 Nero, 33 ; Ovid. Trist. 1, 3, 22. 3) Herod. 4, 2. 4) Fest. 
 
 in vespap. 5) Cf. Juven. 8, 175. 6) Called by Cicero arbitria, 
 in Pis. 9, post domo 37, post red. in s. 7. 7) Pl'ut. Sylla 38. 
 
 8) Plin. 12, 18. 9) De Legg. 2, 23-25. 10) Another law 
 
 thus grants an exception to this law. (Cic. de Legg. 2, 24; see 
 p. 255.) : " Quoi auro dentes vincti escunt, ast im cum illo sepelire 
 urereve se fraude esto." See Bcettig. Sabina, v. 1. p. 58. 11) Cf. 
 Creuz. 305. 
 
 NAMES. FAMILIES. 
 
 491. We have elsewhere mentioned that houses, 
 gentes, were divided into patricians and plebeians, and 
 their subsequent intermixture by marriage and adop- 
 tion ; that foreigners received Roman names together 
 with the freedom of the city, and that freedmen received 
 those of their masters, also the dies nominalis (483). 
 A few particulars remain to be briefly noticed. 
 
 It is supposed that the custom of Romans having 
 more than one name, arose from the union of the Ro- 
 mans with the Sabines 1 : and this supposition seems 
 strengthened by our finding but one name in the earliest 
 periods, as Numitor, Amulius, Romulus, Celer : and at 
 the same period two names among neighbouring nations, 
 as Titus Tatius, Numa Pompilius, and others ; from 
 which circumstance we might more readily believe that 
 two names were customary among the Romans, unless 
 we were obliged to seek for instances among the 
 Sabines ; besides, an additional proof is found in the 
 fact of a third name being introduced among Roman 
 families from various causes, which many circumstances 
 
sect. 492.] ROMAN ANTIQUITIES. 561 
 
 lead us to suppose ; and unless we imagine that some 
 of the Roman families had, from the first, three names, 
 we must suppose that in all instances in which it occurs 
 the third name was so introduced ; and if we adopt this 
 hypothesis, we shall not be surprised at finding in some 
 families at Rome, even in the days of Cicero, only two 
 names : more usually we find three, often four, and 
 seldom five. In these cases the second is the name of 
 the gens or house, as Tullius, Cornelius, Julius, Pom- 
 peius : the first is the prcenomen, as Caius, Aulus, 
 Cneius, Marcus, Publius, given severally to persons of 
 the same family, as Marcus and Quintus Cicero, Caius 
 and Tiberius Gracchus ; the third name was the cog- 
 nomen, serving to distinguish families of the same gens 
 or tribe, as Scipio and Lentulus in the gens Cornelia, 
 Drusus, Gracchus, and Asellio in the gens Sempronia : 
 a fourth or fifth name was called agnomen, and served 
 to distinguish families, being assumed or given for 
 various reasons, as Lupus, Sura, Spinther, in the 
 families of the Lentuli, who were of the gens Cornelia; 
 in other instances they were confined to the individual, 
 as the nicknames Cunctator, Africanus, and others of 
 the same kind. 
 
 1) Cf. Lyd. i, 21 and 22. 
 
 492. The meaning of the names and pra?nomina is 
 uncertain ; in cognomina and agnomina it is frequently 
 more evident 1 ; as that of Cicero from cicer, Lentulus 
 from lens, Serandus from serendo, Pilumnus frompilum 
 a pestle invented by him for bruising corn 2 ; names of 
 gentes, tribes, also can be traced to similar sources, as 
 the Fabii from faba. Many names also are derived 
 from the bodily defects of the person 3 , as Paetus, Strabo, 
 Scaurus, Naevius ; and others from their appearance, as 
 Crassus ; other names from different and frequently 
 dubious causes, and some from the history of the bearer, 
 
 o o 
 
562 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 as Coriolanus, Africanus, Creticus, Macedonicus, Allo- 
 brogicus, Corvinus, Torquatus, Cunctator. In the 
 prcenomina, antiquaries distinguish between Roman 
 names, and foreign names which occur in earlier periods, 
 as Lucumo, Aruns, Numa, Petro, and others. It was 
 customary for the eldest son to^ assume his father's 
 praenomen, younger sons those of relatives : daughters 
 generally bore the name of the gens, as Octavia, Julia, 
 Livia, Pomponia, Cornelia ; and even when married, 
 still retained it ; but the name Agrippina, furnishes an 
 instance of a woman named after her father's cognomen 
 and yet retaining her mother's name. I find that the 
 learned are not agreed as to whether daughters for- 
 merly bore prcenomina; and as we find that in later 
 times two sisters were distinguished by the addition of 
 major and minor 4 , and that of several the eldest was 
 called prima, the next secunda, and so on, we may con- 
 clude that it was not customary 5 . Affection coined the 
 diminutives, such as Drusilla, Livilla, Tulliola, etc. 
 
 Among the most celebrated of the Roman gentes, 
 from which some of the tribes were named ( 143), we 
 meet with the following; gens Antonia,iEmilia, Claudia, 
 Cornelia, Fabia, Hortensia, Horatia, Junia, Julia, Man- 
 lia, Papiria, Postumia, Sempronia, Sulpicia, and others. 
 Many treatises on the Roman names by recent writers 
 have appeared 6 . 
 
 1) Cf. Lydus 1, 22 and 23, 2) See Plin. 18, 3. 3) Cf. 
 
 Hor. Sat. 1, 3, 44, sqq. 4) Cf. Tac. Ann. 4, 44. 5) Cf. Suet. 
 Caes. 50 ; Varro de L. L. 8. p. 1 13. 6) A list of houses and 
 
 families whose names occur on medals is given by Champollion- 
 Figeac Resume d' Archeol. v. 2. p. 237, 
 
 OFFICES, AND HOUSEHOLDS OR ESTABLISH- 
 MENTS OF SLAVES. 
 
 493. I shall here make some concluding observations 
 in addition to what I have already said concerning 
 
sect. 494.] ROMAN ANTIQUITIES* 563 
 
 slaves (51, etc.). It is well known that the Romans 
 did not employ persons of a free and liberal condition 
 in offices which in our civilized state are filled by hired 
 servants, nor even in those situations which are looked 
 on as respectable and honourable now in noble and 
 wealthy families ; consequently they were intrusted to 
 slaves, who were also the usual barbers, cobblers, tailors, 
 and artisans in general, whose condition at Rome we 
 have mentioned ( 880 and 881). This practice being 
 continued in the rich and luxurious days of Rome, it 
 necessarily followed that their numbers were pro- 
 digiously multiplied, and the more so when the fortunes 
 of private individuals became enormous, and the culti- 
 vation of their extensive estates and farms was in the 
 hands of slaves ( 878) * : hence in the city itself, and 
 still more in the country, such a multitude of them was 
 required 2 by the rich and powerful as to us seems 
 incredible ; and even the poorer citizen, who lived on 
 the liberality of his patrons, had several 3 . An esta- 
 blishment of slaves, whether it consisted of few or many, 
 was termed familia, and of these the rich had familice 
 urbance and rusticce, which were subdivided into classes, 
 ordines. 
 
 I) Cf. Plin. 18, 6 ; Flor. 3, 19 ; Petron. 48 and 53 ; Sen. Ep. 88, 
 de Benef. 7, 10 : " O miserum, si quem delectat sui patrimonii liber 
 magnus, et vasta spatia terrarum colenda per vinctos, et imraensi 
 greges pecorum per provincial ac regna pascendi, et familia belli- 
 cosis nationibus major, et aedificia privata laxitatem urbium magna- 
 rumvincentia!" 2) Cf. Athen. Deipn. 6, 20; Plin. 33, 1; 
 
 Petron. 37 and 47. 3) Cf. Juven. 3, 166 and 248, sqq. 
 
 494. In the town establishment of slaves, familia 
 urbana, the duties of some were confined to the house, 
 those of others to out-of-doors work ; to the former 
 class belonged the dispensator, steward 1 , whose services 
 were similar to tho^,of the actor, ratiocinator 2 , who kept 
 the accounts, and the procurator 3 and actuarius* ; these, 
 and the atriensis 5 , who had the charge of the atrium, 
 
 o o2 
 
564 ROMAN ANTIQUITIES. [p. n. c. n. 
 
 were of the first grade. The nature of these offices 
 requires that several of the same class were to be found 
 in the country establishment. Of another class were 
 the cubicularius, groom of the chambers 6 , and admis- 
 sionalis, clerk of the closet 7 , who introduced those who 
 sought audience 8 , and were found in the establishment 
 of the emperors, or of great men. The doorkeeper, 
 ostiarius or janitor, who often stood at his post in 
 chains 9 , was of the lowest grade, and yet one of the 
 mediaslini 10 . Other offices were those of the silentiarii, 
 ushers; horarii 11 , who announced the hour; librarii, 
 who kept or copied books 12 ; anagnostce, who read 
 during meals ( 470) ; amanuenses 13 , medici ( 420), 
 pcedagogi ( 484), capsarii u , who carried children's 
 books, etc. to school ; lorarii ( 55) and tortores l5 , who 
 punished and scourged refractory slaves. 
 
 1) Cf. Cic. ap. Non. 3, 18; Suet. Vesp. 22; Juven. 1, 91. 
 2) Cf. Suet. Claud. 28. 3) Cf. Cic. de Or. 1, 58 ; Colum. 1, 6; 
 Petron. 30. 4) Cf. Petron. 53. 5) Cf. Cic. Parad. 5, 2, in 
 
 Pis. 27 ; Plaut. Asin. 2, 2,80; Colum. 12, 3. 6) Cf. Cic. ad 
 
 Att. 6, 2 ; Suet. Dora. 17 ; Larapr. Comra. 15 : " Cubicularios suos 
 libenter occidit, cum omnia ex nutu eorum semper fecisset." 7) Cf. 
 Suet. Vesp. 14: Sen. de Clem. 1, 10; De Benef. 6, 33: "Non 
 sunt isti amici, qui agraine magno januam pulsant, qui in primas et 
 secundas admissiones digeruntur," etc. 8) Cf. Lamprid. in Alex. 
 c.4; Suet. 1. c. ; Lydus 2, 17. 9) Cf. Ovid. Am. 1. 6; Suet. 
 
 Rhet. 3. 10) Cf. Cic. Cat. 2, 1 ; Colum. 1, 9. 2, 13. 11) Sal- 
 vian. de Gubern. p. 96 (108) : " Servi pavent silentiarios, pavent 
 procuratores." I have mentioned silentiarii as officers in the palace 
 232 ; cf. Lyd. 2, 17. 12) Cf. Cic. Fam. 16, 21 ; ad Att. 12, 6. 
 13) Cf. Suet. Aug. 67 ; Cass. 74 ; Cic. de Orat. 3, 60. 14) Cf. 
 Hor. Sat. 1, 6, 78; Juven. 10, 116: " Quisquis adhuc uno partam 
 colit asse Minervam, Quern sequitur custos angustee vernula capsae." 
 15) Cf. Juven. 14, 21. 
 
 495. Women of rank ' had a numerous establishment 
 of slaves, such as lecticarii, janitrices, libraries , as well 
 as those who attended on them at their toilet, and had the 
 charge of their wardrobe 2 , who were mostly females, such 
 as the cosmetce (from Koa-fietv) and ornatrices 3 , as well as 
 needlewomen, serves ab acu, and head-dressers or tire- 
 
sect. 495.] ROMAN ANTIQUITIES. 565 
 
 women, servce a tutulis 41 , the minutest portions of the 
 dress being assigned severally to distinct persons, so 
 that each might become more perfect in her respective 
 department. Men also were employed on some of 
 these offices, as the cinerarius or ciniflo, who heated the 
 curling-irons, or, as Boettiger explains it, who prepared 
 ashes for dyeing the hair 5 . Slaves attached to the 
 service of the table were the vocator Q , invitator 7 , opso~ 
 nator, who purchased provisions; coquus,pistor, dice- 
 tariuSj who had the care of the apartments and, as 
 some say, the charge of the triclinium or ccenatio in 
 particular ( 468) ; structor, who disposed the dishes on 
 the table; carptor 9 , the carver; and diribitor, who 
 distributed the dishes to the guests (166); also the 
 prcegustator 10 , {irpoyevaT^s), who tasted the food first ; 
 pincerna 11 , the cupbearer, who is by Apuleius styled 
 pocillator 12 , puer ad cyathum 13 , from potione u . Out-of- 
 door slaves, were such as the insularius 15 , who had 
 the charge of the detached apartments separated by an 
 open space from the house, and called insula?, and 
 which were generally let to different people ; the bal- 
 neator ; viridarius, or gardener; tabellarius 16 , who car- 
 ried letters, though he is sometimes mentioned as keep- 
 ing the accounts ; the fugitivarius ( 55) ; vocator or 
 nomenclator 17 ', who informed his master of the names of 
 those who waited on him or met him, and was employed 
 by candidates canvassing voters ( 184); pedissequus 18 , 
 and others. Among the slaves in a country establish- 
 ment, we meet with the villicus, actor, sutor, sarcina- 
 tor, textor, molio l9 , rhedarius ", arator, vinitor, venator, 
 magister pecorum, bubulcus, molitor, audpistor 21 , who 
 baked bread and cakes. 
 
 1) On which there is a remarkable passage in Juvenal 6, 476 ; 
 cf. Prop. 4, 7. 2) See Bcett. Sabina. 3) Ovid. A. A. 3, 239 : 
 " Tuta sit ornatrix : odi, quae sauciat ora Unguibus, et rapta brachia 
 figit acu." 4) Cf. Ovid. Am. 2, 7, 23. 5) Sabina, p. 1 . p. 144 ; 
 Cf. Heindorf. ad Hor. Sat. 12, 98. 6) Sen. de Ira 3, 37 ; Mart. 
 
566 ROMAN ANTIQUITIES. [f. ii. c. ii. 
 
 7, 85, 1 1 . 7) See Pignor. de Serv. p. 1 1 1. 8) Sen. Ep. 47 : 
 " Adjice obsonatores, quibus dominici palati notitia subtilis est, qui 
 sciunt, cujus rei ilium sapor excitet," etc. 9) Cf. Sen. 1. c. et de 
 V. B. 17 ; Mart. 10, 48, 15 ; Juven. 5, 120, 
 
 " Structorem interea, ne qua indignatio desit, 
 Saltantem spectas, chironomonta volanti 
 Cultello, donee peragat dictata magistri 
 Omnia, nee minimo sane discrimine refert, 
 Quo gestu lepores, et quo gallina secetur." 
 Petron. 36, " Carpe, inquit (Trimalchio) ; Processit statira scissor, 
 et ad symphoniam ita gesticulatus laceravit obsonium, ut putares 
 essedarium, hydraula cantante, pugnare." See Pignor. de Serv. 
 p. 178. 10) Cf. Suet. Claud. 44 ; Inscript. ap. Grut. p. 63. n. 5 
 and 9. p. 602. n. 4. ; conf. Arnob. 1. 4. p. 13 : " an rite pulmenta 
 condita sint, praegustatoris fungitur atque experitur officio," and the 
 note of Heraldus on these passages, p. 160 ; cf. Pignor. de Serv. 
 p. 125 and 133. 11) Cf. Ascon. in Cic. Verr. 1,26; Lamprid. 
 
 Alex. Sev. 41. 12) Met. 1. 6. p. 179. 1. 10. p. 247. 13) Cf. 
 
 Suet. Caes. 49 ; Juven. 13, 44 ; Hor. Od. 2, 29, 7. 14) Met 
 with in an epitaph ; see Pignor. p. 132. 15) Cf. Ulp. Pandd. 
 
 1, 15, 4 : " Insularios (sc. servos), et eos, qui negligenter ignes 
 apud se habuerint, potes (Pnefectus Vigilum) fustibus vel flagellis 
 ccedi jubere." 16) Cf. Pomp. Pand. 7, 8 ; 16, 50. 16 ; 166. 
 
 17) Cf. Cic. ad Famil. 14, 22; Symm. 4, 20 and 3, 30. 
 
 18) Cf. Cic. ad Att. 2, 16 ; Nep. Att. 13. 19) Cf. Pignor. p. 
 429 ; Popina de Operis Servorum, p. 98. 20) Cf. Capit. in 
 Max. et Balb. 5 ; see Pignor. p. 429. 21) Bakers originally 
 served as cooks ; cf. Fest. in coquum ; see Pignor. p. 94 and 95, 
 where he quotes a passage in Lampr. Heliog. 27, in which pistores, 
 dulciarii (confectioners), and lactarii (dairymen?), are mentioned 
 as of distinct trades. Cf. Apul. Met. 10: "Hie panes, crustula, 
 lucunculos, et complura scitamenta mellita." Mart. 14, 222 : 
 " Mille tibi dulces operum manus ista figuras Exstruit : huic uni 
 parca laborat apis." Idem 11, 32, 7 : " Hinc pistor fatuas facit pla- 
 centas," 
 
APPENDIX 
 
 A summary of the subjects treated of and works 
 
 referred to, in this work, in the order in which 
 
 they occur. 
 
 In sections 4 and 5 I have pointed out the sources of our 
 knowledge of Roman antiquities, distinguishing the works 
 which embrace exclusively the whole of the subject from 
 the portions dedicated to it in other works; to which 
 latter class belong the papers, dissertations, and commen- 
 taries, in the transactions of learned societies and academies, 
 which belong to the subject. Another class of works are 
 those, such as Brisson de Formulis and Alexander ab Alex- 
 andro Genialium Dierum, which treat of Roman antiquities 
 together with various other subjects, and the works of some 
 writers, such as Stuck, who, in treating of one department 
 of the subject, seem to have intended to glance at the 
 whole. 
 
 The latest treatises on this subject are T. A. Wolfe's Vor- 
 lesungen iiber d. Rcemischen Alterthiimer, prepared for 
 furnishing a course of lectures, edited by Gurtler, Leipsic, 
 1831, and the Precis des Antiquites Romaines of P. Berge- 
 rou, at Brussels, 1835. 
 
 ~ . Valuable works on Roman jurisprudence lately published, 
 are W. A. Macieiowski's Principia Jur. Rom. and his Hist. 
 Jur. Rom., 2nd edit., Warsaw, 1825 ; also the Precis de 
 l'Histoire du Droit Romain, by Gibbon, revised by L. A 
 
568 APPENDIX. 
 
 Warnkcenig, at Liege, 1821 ; and the Geschichte des Rcemis- 
 chen Rechts bis auf Justinian, by Walter, professor in the 
 university of Bonn, published in 1834. The work of Dirk- 
 sen, to which I have referred 261, must be particularly 
 mentioned under this head. 
 
 Since the publication of Fabricius's Bibliograph. Antiq. 
 (p. 3), I know of no one who has produced a similar work ; 
 several have published catalogues of works among which are 
 some on antiquities, such as the Handbuck der Philol. 
 Biickerkunde, at Bremen, 1823, of J. Phil. Krebs. Haubold's 
 Institutiones Juris. Rom. Literariae, must be classed with 
 works on jurisprudence. 
 
 I have mentioned some of the classical authors on antiqui- 
 ties, 409 to 421, and a few inscriptions, 426. It was 
 inconsistent with the limits of my work to discuss the degree 
 of credit and authority to be given to Wachsmuth and 
 Niebuhr, whom I quote most frequently among modern 
 writers on my subject ; in my lectures I shall not fail to do 
 so. I have availed myself of the works of Greek and Roman 
 writers on any point, indifferently : in this summary I shall 
 occasionally mention the works of both which have reference 
 to Roman antiquities. 
 
 8 to 36. These sections contain a comprehensive account 
 of the whole Roman empire ; that is, of all countries known 
 to ancient geographers. 
 
 Greek authors whose works are entirely or partly extant, 
 and treat of geography, are, Eratosthenes, who died A. C. 
 1 94 ; fragments of his writings are preserved in the works of 
 Strabo and others : Scymnus, who wrote a poem in iambic 
 verse, styled Uepi^y^a-ic ; Strabo, who lived under Augustus 
 and Tiberius, xvii Books of Geography; Claudius Ptolemy, of 
 the second century after Christ, viii Books on Geography ; 
 Agathemer, ii Books of Brief Geographical Explanations ; 
 Marcianus, of the fourth century it is thought, ii Books of 
 the Circumnavigation of the Outer Ocean ; some fragments 
 of the Epitome of Geography of Artemidorus by Marcianus, 
 are also extant ; also the 'E9vikcc of Stephanus of Byzantium, 
 preserved in the Epitome of Hermolaus, of the sixth century. 
 
APPENDIX. 569 
 
 Works treating on different geographical topics are the 
 Periplus of Hanno the Carthaginian, translated into Greek 
 from the Punic ; the Periplus of Scylax of Carya, of an un- 
 certain date ; the celebrated account of the Voyage beyond 
 the Straits of Gibraltar by Pytheas, so often quoted by 
 Strabo, and whose statements have been so fiercely attacked 
 and defended by modern writers ; fragments of the Periplus 
 ofNearchus, who sailed with Alexander the Great, preserved 
 in the Indica of Arrianus. 
 
 Hudson and Bredow have edited with illustrations the 
 minor Greek geographers : for an account of Latin geo- 
 graphers see 418. Valuable works of modern writers are, 
 Phil. Cluver's Introductio in Univers. Geographiam, Amster- 
 dam, 1697 : the Notitia Orbis Antiqui of Christ. Cellarius, 
 Leipsic, 1701 1706, with the remarks of Swartze, 1731 and 
 1773, 2 vols. 4to. : the Primae Lineae Orbis Antiqui Monu- 
 mentis suis illustr. of J. Oberlin, Strasburg, 1776 and 1790: 
 the Geographie Ancienne Abregee of D'Anville, Paris, 1768 
 and 1783, 3 vols. : the Geographie d. Griechen und Rcemer, 
 by K. Mannert, at Nuremberg, begun 1782, not yet com- 
 pleted (1837) : the Geographie d. Griechen und Rcemer 
 bis auf. Ptolomaeus, by F. A. Ukert, Weimar, 1816: and the 
 Geographiae Antiquae Compendium in usum Scholarum, 
 edited by F. A. Bosse, Leyden, 1818. I need not mention 
 those geographers who have illustrated particular portions of 
 countries. D'Anville's Atlas Orbis Antiqui is a valuable 
 work. 
 
 37 to 40. Dionysius Halicarnasseus has treated more 
 fully of the subject contained in these sections than any 
 ancient author extant : the Origo Gentis Romanae of S. Aur. 
 Victor is connected with their subject also. 
 
 Valuable works by modern writers are Cluverius's Italia 
 Antiqua ; Beaufort's Dissertation sur l'lncertitude des Cinq. 
 Premiers Siecles de l'Histoire Romaine, the Hague, 1750; 
 of a later date is the Rcemische Geschichte of B. G. Niebuhr, 
 a portion of which was published at Berlin, 1811, in 2 vols. ; 
 it has since appeared in a more extensive form. I may men- 
 tion Die aeltere Geschichte des Rcemischen Staates unter- 
 
570 APPENDIX. 
 
 sucht, by W. Wachsmuth, as one of the works in which 
 Niebuhr's views are combated. 
 
 41 to 50. Works of ancient writers on these subjects, still 
 extant, are, the treatise of Sextus Rufus, De Regionibus Urbis 
 Romae, and a work by Pub. Victor on the same subject ; both 
 to be found in Thes. Graev. vol. iii. (Venice edition, to which I 
 always refer in this work.) Among later works of importance 
 are the Diss, septem historico-crilicae Rom. Antiq. illustrantes? 
 Thes. Sail. i. by Jul. Minutolus ; De Urbe Roma, by And. 
 Circino, ib. vol. ii. p. 18 656 ; Urbis Romae Topographia, 
 by Barth. Martianus Thes. Graev. vol. iii ; Antiquae Urbis 
 Imago, by Onuphrius Panvinius; Urbis Romae Descriptio et de 
 XIV. Urbis Regionibus Commentarius, by Guid. Pancirollus ; 
 Roma Vetus ac recens, by Al. Donatus ; Roma Vetus, by 
 Famianos Nardino, translated from Italian into Latin. (All 
 these works are in the Thes. Graev. vol. iii. and iv.) The 
 Roma Antiqua Nardini, by Antonio Nibby, Rome, 1820, in 
 4 vols, is a different and modern work. Ausfuhrl. Beschreib. d. 
 Stadt Rcem. by Christ. Adler, Altona, 1781, 4to. ; Descrizione 
 Topografica delle Antichita di Roma, by Venuti, Rome, 
 1763, 2nd edition 1803 ; Descrizione de Roma, by Carlo 
 Fea, Rome, 1823, 3 vols. ; Antichita Romane designate ed 
 incise, by Giamb. Piranesi, Rome, 1 748 56, 4 vols. fol. ; 
 CEuvres sur 1 Architecture et les Antiq. Gr. et Rom., by J. 
 B. Piranesi and his brother ; new edition with notes by 
 Visconti; Versailles and Paris, 17 vols, fol.; Nuova 
 Descrizione de Monumenti Antichi ed Oggetti d'Arte, by 
 D. Carlo Fea, Rome, 1820. Some of the works above 
 mentioned, either wholly or in part, refer rather to Archae- 
 ology than to the description of Rome. 
 
 Munter has written De occulto Nomine Urbis Romae, in his 
 Antiquarische Abhandl. No. 1. The works of Lipsius and 
 Vossius ( 45) are generally consulted on its magnitude and 
 population. Particular Roman ruins and monuments have 
 been described severally in works ; some buildings in several 
 works, such as De Publ. et Milit. Imperii Romani Viis, by 
 Nic. Bergier, Thes. Graev. x. p. 7 610, published also in 
 French, at Paris, 1662. Uber das Pantheon, by Hurt., in the 
 
APPENDIX. 571 
 
 Museum der Alterthuns Wissensch. vol. i. ; De Circi An- 
 tiquitate et Structura, by Miniana, in the supplement to the 
 Thes. Graev. vol. v. ; Bulenger de Circo Romano Ludisque 
 Circensibus, Thes. Graev. vol. ix. ; Bulenger de Theatro, 
 ib. ix. ; J. Lipsius de Amphitheatro, the third vol. of his 
 works ; Maffei de Amphitheatro, suppl. to Thes. Graev. 
 vol. v. ; Baccius de Thermis Veterum, Venice, 1571, 1712, and 
 in the Thes. Graev. vol. xii. ; Octavius Ferrarius de Thermis, 
 suppl. Thes. Graev. vol. iii. ; Cameron, the Baths of the Ro- 
 mans explained, London, 1772, fol. ; Bellori veteres Arcus 
 Augustorum Triumphis insignes, Rome, 1690; I. M. Suaresi, 
 Arcus Septimii Severi, Rome, 1676; Bartoli and Bellori, 
 Columna Trajana and Columna Antonina; I. Vignoles de 
 Columna Antonini Pii, Rome, 1705 ; Ciacconius, illustrations 
 of the Column to C. Duillius, see the note on section 426 ; 
 R. Fabretti de Aquis et Aquaeductibus veteris Romae, Thes. 
 Graev. vol. iv. ; and a work by Zoega, de Usu et Origine 
 Obeliscorum, Rome, 1797, fol. 
 
 There is also a work extant by Frontinus, an ancient 
 writer, De Aquaeductibus. 
 
 51 to 64. Our principal sources of information on sub- 
 jects discussed in these sections, are, certain chapters (tituli) 
 of Justinian, of the Institutions of Caii, and of the Pandects, 
 on the condition, rights, rank, and manumission of slaves. 
 
 Modern writers quoted are, Laurentius Pignorius de 
 Servis et eorum apud veteres ministeriis, Augsburg 1613, 
 Padua 1676 ; and Titus Popina de Operis Servorum, Ant- 
 werp 1606, Amsterdam 1673. Other writers on the subject 
 are, L. Ant. Muratori, Diss. Sopro i Servi e Liberti ant. ; A. 
 F. Gorius Descriptio Monumenti seu Columbarii Servorum 
 Liviae Augustae et Caesarum, Florence, 1727; Burigny sur 
 les Esclaves Romains, in the Memoires de l'Acad. des In- 
 script. et Belles Lettres, vol. xxxv. ; Venuti de dea Libertate 
 ejusque cultu ap. Rom. et de pileo Libert., Rome, 1762 ; 
 Burigny, Mem. de l'Acad. vol. xxxvii. ; Gcetz de Pistrinis 
 veterum 1730 ; Golling de Catasta Servorum, in the Thes. 
 Dissert, of Martin, Nuremberg, 1763. 
 
 Many others are mentioned by Creuzer, and also by 
 
572 APPENDIX. 
 
 Haubold in his Epicrisis ad Antiq. Rom. Synt. Heineccii, 
 p. 919 ; among others, Unterholzner von der Formen der 
 Manumissio per Vindictam. 
 
 65 to 127. The learned and often-quoted works of Car. 
 Sigonius, de Antiquo Jure Civium Romanorum (Thes. Graev. 
 vol. i.), de Antiquo Jure Italiae (ib. vol. ii.), de Antiquo Jure 
 Provinciarum (ib.), illustrate the civil condition of the 
 inhabitants of the Roman empire, and their various privi- 
 leges. 
 
 Other writers on the subject are, P. Manutius, de Civitate 
 Romana, Thes. Graev. vol. i. ; Ezech. Spanheim, Orbis Ro- 
 manus, ib. vol. xi. ; and Alb. Diebr. Trekell Selectarum 
 Antiquitatum Rom. pars I. Hague, 1744. In our days, the 
 celebrated Savigny has endeavoured to explain some points 
 more fully in his Geschichte d. Roem. Rechts im Mittelalter. 
 
 65 to 70. On the rights of citizenship and the Jus Qui- 
 ritium, consult F. Conrad's Diss, de Jure Quir. a Civit. Rom. 
 non diverso, Helmstat, 1742 ; W. Cramer's work de Juris 
 Quirit. et Civit. Discrimine ; and Mylius's Disceptatio de 
 Jure Quiritium, Leipsic, 1732. 
 
 71 to 113. Particular privileges enjoyed by Romans 
 have been accurately described by several writers ; Haubold 
 in his Epicrisis ad Synt. Antiq. Rom. of Heineccius has 
 mentioned the latest and most approved works on the sub- 
 ject. 
 
 114 to 127. Among ancient authors on the Municipes, 
 Gellius, particularly a passage xvi. 13, is most remarkable ; 
 besides the Epistle of Fronto, lately recovered (lib. ii. ad 
 Amicos, epistol. 11.) Modern writers on the subject, deserving 
 of notice are, Mazzochi, in aeneas Tabulas Heracleenses ; 
 Trekell, Select. Antiq. ; Savigny, Gesch. d. Roem. Rechts im 
 Mittelalter. The whole subject is fully and prolixly dis- 
 cussed by Fr. Roth in his work de Re Municipali Romano- 
 rum, Stutgard, 1801. Early writers are, Wasteau de Jure 
 et Jurisdictione Municipiorum, in iElrich's Thes. Diss. Jurid. 
 vol. i. and Guid. Pancirollus de Magistratibus Municipalibus, 
 Thes. Graev. vol. i. 
 
 Concerning the rights and government of the colonies, con^ 
 
APPENDIX. 573 
 
 suit Heyne's Prolusiones de Veterum Coloniarum Jure, in his 
 Opuscula Academica, vols. i. and iii. ; Rud. Wicker's Dissert. 
 Inaug. de Coloniis Veterum, Groningen, 1825 ; and con- 
 cerning the colonial magistrates, see Ever. Otto de iEdilibus 
 Coloniarum et Municipiorum, Leipsic, 1732. 
 
 Many particulars concerning the colonies are to be found 
 in Cicero's speech de Lege Agrarian ; I have pointed out in 
 section 126 remarkable passages in ancient writers touching 
 the rationale of their rights. There is a well-known passage 
 in Velleius, book I. concerning the dates when each colony 
 was settled. A work still extant by Sext. Jul. Frontinus, on 
 the colonies, informs us of the founders, settlers, and allot- 
 ments of different provinces. Onuphrius Panuvinus, a 
 modern writer, may also be consulted ; see his Imp. Rom. in 
 the Thes. Graev. vol. i. 
 
 I have mentioned, with approbation, in sections 123 and 
 124, the comments of Savigny on the Jus Latii, and Jus 
 Italicum, and his opinion concerning the Praefecturae, 126. 
 In the Thes. Graev. vol. ii. are to be found the observations 
 of Nic. Rigault and others on public lands, De Populi Fundis. 
 
 129 to 144. A portion of the work of Cicero de Repub- 
 licae, discovered in our times, may be added to the infor- 
 mation furnished by the ancients on the subject of these 
 sections. Niebuhr has suggested some startling and para- 
 doxical opinions which have been copied into Schulze's von d. 
 Volksversamml. d. Rcem., and other later writers : see 
 Creuz. Abriss. d. Rcem. Antiq. 87, etc. Wachsmuth gene- 
 rally differs from Niebuhr. 
 
 There is a remarkable passage in Pliny on the equestrian 
 order, which I have quoted: among modern writers is 
 Eybennius de Ordine Equestri, Strasburg, 1684. Beaufort 
 was among the first who took a correct view of the subject ; 
 see his Republique Romaine, vol. i. p. 144. Pitiscus shows 
 us how many different opinions on the subject have been 
 broached. 
 
 Concerning the Jus Imaginum, see Benedict, de Imag. 
 Rom. Nobilitatis Insignibus, Torgau, 1784. Vertot, in his 
 Histoire des Revol. gives a very fair account of the poverty 
 
574 APPENDIX. 
 
 of the plebeians. On the agrarian laws, see a work pub- 
 lished at Paris 1779, Recherches sur l'Admininistr. des 
 Terres, etc. Rud. Wickers has published an inaugural 
 essay, De Patronatu etClientela Romanor., Groningen, 1825. 
 Boindin's Discours sur les Tribus Romains, is highly spoken 
 of; Acad, des Inscrip. vol. i. Those who are not seeking for 
 new views on the subject, will find Beaufort and Onuphrius 
 Panuvinus sufficiently explicit ; the latter may be con- 
 sulted in the Thes. Graev. vol. i. p. 350. Niebuhr has sug-' 
 gested original opinions on this subject. 
 
 A passage in Cicero's work, De Republ. ii. 22, has cre- 
 ated fresh difficulties on the subject of the Centuriae, and 
 occasioned Niebuhr's essay Uber d. Nachricht von d. Co- 
 mitien der Centurien, Bonn, 1823. The qualification of the 
 classes of citizens is very well treated of by him, Rcem. Gesch. 
 vol. i. 
 
 146 to 172. Works most frequently quoted concerning 
 the Comitia, are Nich. Gruchius de Comitiis Romanorum, 
 iii Books, Paris, 1555; and in the Thes. Graev. vol. i. p. 630 ; 
 C. Ferd. Schulze has lately treated of the same subject, 
 learnedly and copiously, Von der Volksversammlungen der 
 Rcemer, Gotha, 1815 : where this author follows Niebuhr, he 
 is open to the same objections as he is ; in other respects 
 his work is excellent. Among earlier writers is Aicherius 
 Brevis Institutio de Comit. vet. Roman. 
 
 173 to 182. Molitor ( 178) is one of the earliest writers 
 on the Roman senate, as is Zamoscius, who is often referred 
 to ; both are to be found in the Thes. Graev. vol. i. Nearer to 
 our times are, Chapman, History of the Roman Senate, 
 Cambridge, 1750 ; and Curt, on its state under the Caesars, 
 Comment, de Senatu Romano post tempora Reipublicae 
 Liberae, Halle, 1768. 
 
 183 to 218. The work, now lost, of Junius Gracchanus 
 de Potestatibus, treated of the magistrates of the Roman 
 empire, as we learn from the preface to Laur. Lydus de 
 Magistr. This last work, published at Paris 1812, is 
 frequently referred to by me, and is almost wholly introduced 
 into Creuzer's work on Antiquities ; to which may be added 
 
APPENDIX. 575 
 
 the Epistle of J. D. Fuss to C. B. Hase, Liege, 1820; also 
 the work of Dom. Floreus de Sacerdotiis et Magistratibus 
 Romanorum, incorrectly attributed to Fenestella; and disser- 
 tations on the same subjects by F. Hottoman, Thes. Graev. ii. ; 
 of P. Faber, Thes. Sail. iii. ; of Prevot, ib.; and of J. Guli- 
 elmus, ib. 
 
 On particular magistrates, see C. F. Hommelius, Prolusio, 
 de Forma Tribunalis et Maj estate Praetoris, published in Nieu- 
 poort's work ; Fr. C. Conrad's essay De Praetore Peregrino, 
 in his Parerga, Helmstadt 1735-1739 ; Acoluthus de Praetore 
 Romanorum Fiscali, 1758. Concerning the praetor's edict, 
 see 192. 
 
 Concerning the powers of the dictators, see Couture sur le 
 clou sacre, Acad, des Inscript. vol. vi. Cic. de Republ. ii. 33, 
 furnishes a fresh passage referring to the tribuneship, see 
 Creuz. 151 ; Olearius de iEdilibus Rom. Leipsic, 1692, 
 belongs to this subject ; Duker's remarks on Livy VII. 16, 
 refer to the Mensarii (Quinqueviri Mensarii). 
 
 Concerning magistrate's officers, Trolz de Scribis 
 Veter. Roman, may be consulted ; also Massbach de Prae- 
 conibus vet., Erfurt, 1767 ; and Salmasius de Secretariis, 
 Thes. Sail. ii. 
 
 219 to 240. Works referring to the administration of 
 the emperors, are those of Robertellus de Magistr. Impera- 
 torum, Thes. Graev. vol. iii. ; de la Bleterie, Du Gouvernment 
 Romain sous les Empereurs, Acad, des Inscript. xxi, xxiv, 
 and his Dissert, sur la Puissance Imperiale Chez les Romains, 
 ib. xix. ; also his essay De la Puissance Tribunitiale des 
 Empereurs, ib. xxv. Gibbon has described the Decline and 
 Fall of the Roman Empire, in a work of great research and 
 authority, and Montesquieu has beautifully illustrated its 
 rise and decay in his Considerations sur les Causes de la 
 Grandeur des Romains et de leur Decadence. A portion 
 of the work of Lydus is devoted to the Praefectus Praetorio 
 and his establishment of officers. Of more recent writers on 
 the subject, I have mentioned with commendation, PanciroL- 
 lus and Gutherius ; to which may be added, D. Ritter's His- 
 toria Praefecturae Praetorianae, Wittemberg, 1 745 ; and a 
 
576 APPENDIX. 
 
 dissertation by Arn. Drakenborg on this office, and one on 
 the Praefecti Urbis, to be found in iElrich Thes. Diss. Jurid. 
 vol. i. and also published at Bareith, 1787. There is an earlier 
 work de Praefecto Urbis by Fel. Contelorius, in the Thes. 
 Sail. vol. i. 
 
 Bergier has treated amply of the public posting esta- 
 blishment, in his work de Public, et Milit. Imp. Rom. Viis. 
 IV. 
 
 241 and 242. See authors mentioned on 114 and 127. 
 
 243 to 259. I have quoted occasionally passages con- 
 cerning the provinces in Cicero's works ; almost all that we 
 know of the administration of provinces, is to be found in 
 his letters to Atticus, to his brother Quintus, and in his 
 speeches, particularly in that against Verres. 
 
 Panvinus, Sigonius, and Beaufort of a still later date, I 
 have already mentioned ; one of the latest works on this 
 subject is that of P. Antoine du Pin, De Jure Provinciarum 
 Imp. Rom., Leyden, 1807. 
 
 Writers on particular points connected with the subject 
 are, Mongault, Sur les Honneurs Divins rendus aux Gouver- 
 neurs des Provinces, Acad, des Inscrip. vol. i., and Masco- 
 nius de Procurator ibus Caesaris. 
 
 260 and 261. Roman law is contained in the Corpus 
 Juris Civilis, and other remains of the ancients (421). 
 
 Modern writers of note on the subject are, P. Manutius de 
 Legibus Roman, in the Thes. Grsev. vol. i., and also forming 
 an Appendix to the Corpus Jur. Antiq. of Rosinus ; and Ant. 
 Augustinus de Legibus et Senatus Consultis (ib. ii.). This 
 writer, as well as Heineccius, Bach, and others, have pub- 
 lished an index of Roman laws mentioned by ancient 
 writers. 
 
 Works on the code of the XII Tables, are those of Bona- 
 my sur l'Origine des Lois des XII Tables, Acad, des Inscript. 
 vol. xii. ; Juncker's Fragmenta XII Tab. ex restitutione 
 Funccii, Gottingen, 1756 ; Dirksen's work lately published, 
 see sections 205 and 261 : and J. H. Van der Heim de 
 Jacob. Gothofredi Meritis in Restituendis XII Tabular um 
 Legibus, in the annals of the Univers. of Leyden, 1823. The 
 
APPENDIX. 577 
 
 language of the tables has been investigated by Suringar in 
 his essay de Ant. Interpretibus Scriptorum Latin., Leyden, 
 1829. 
 
 Concerning the legislative powers of the praetors, see 
 Andr. Cath. Holt de Jure Praetorio apud Romanos turn 
 apud Anglos, in the Annals of the Univ. of Leyden, 1821. 
 On particular laws, see Haubolt's Instit. Jur. Rom. Liter., 
 vol. i. p. 306, etc. Basil, 1731 ; Beckman's Diss. Acad. d. x. ; 
 Beck de lege Regia, Leipsic, 1780 ; Schott de lege Villia 
 Annali. ib. 1765 ; Heineccius's Commentary on the Lex 
 Julia and Lex Pappia Poppaea, Leipsic, 1778, and on the Lex 
 J\m Sentia in his Syntag. Ant. Rom. I. 6, 12. 
 
 Concerning the Senatusconsulta, see Ant. Augustinus 
 de Leg. et Senatascons ; Hottoman de Senatu et insignibus 
 aliquot Senatuscons., Thes. Graev. vol. ii. Heineccius and 
 others give a catalogue of the Decrees of the Senate. On 
 Edicts, see Bauchaud sur les Edits des Magistrats Rom., 
 Acad, des Inscript. vol. xxxix., Ziegler de Edicto iEdilitio in 
 his Dissert. Select. ; and Cappelen Hunthan de Rescriptis 
 Principum Rom., in ^Elrich's Thes. Diss. Jurid. vol. i. 
 
 262 to 278. Cicero's speeches furnish a copious source 
 of information concerning courts of law, trials, and law in 
 general. 
 
 Information is also to be found in C. Sigonius de Judiciis, 
 III books, Thes. Graev. ii. ; and De Brett de Ordine Antiq. 
 Judic. apud Rom., Thes. Sail. ii. 
 
 On certain points we may consult Caius and Dupont's 
 Disquisitiones de Legis Actionibus, (see 271) ; Masse, Dis- 
 putatio de Cic. Orat. in Verr., Leyden, 1824 ; Ed. Broquet, 
 on the question as to what was the mode of proceeding in 
 public trials among the Romans, in the Transactions of the 
 Univ. of Ghent, 1821 ; Siccama de Judicio Centumvirali, 
 Thes. Graev. ii. ; Schreiter de Antiquit. Sacramentorum in 
 Vet. Romae judiciis solennium, Leipsic, 1740; Magius de 
 Equuleo, Amsterdam, 1664. 
 
 279 to 316. Ovid's six books of Fasti afford us the best 
 information concerning the superstitious festivals and religi- 
 ous observances of the Romans ( 334). Of modern works 
 
 Pp 
 
578 APPENDIX. 
 
 the most ample are, that of Struve, DeRitibus Sacris Systema 
 Absolutius, Jena, 1701 ; and those of Rosinus and Kipping. 
 Nieupoort has devoted but a small space to this subject, from 
 p. 164 to 314. Beaufort, who does not enter into details, is 
 still briefer (p. 1 to 89 of his work). I shall not mention 
 those who have written on particular idols. 
 
 317 to 323. Works on the Roman priesthood, are those 
 of Ralp. Volaterranus de Magistr. et Sacerdotiis, Thes. 
 Sail. iii. ; of Henry Bebelius de Sacerdot. et Mag. ib. ; 
 Merula de Sacerdotibus Romanis, Leyden, with his other 
 works, 1634 ; Bos de Pont. Max. Romae Vet. Thes. Graev. 
 vol. v. ; and de Pontificatu Max. Imperat. Rom. ib. ; J. Guther, 
 four Books, de Vet. Jure Pontificio U. Rom. ; Morin, Dissert, 
 surles Augures, Acad, des Inscript. vol. i. ; Aid. Manutius de 
 Auspiciis, Thes. Sail. i. ; Aug. Niplms, two Books, de Augu- 
 riis, Thes. Graev. vol. v. ; Bulenger de Aug. et Auspiciis, ib. ; 
 Mascov. and Babener de Jure Auspicii apud Rom., Leipsic, 
 1744; SchcepflindeAusp. Rom., Augsburg; Bellusdepartibus 
 Templi Auguralis, Thes. Graev. v. ; Bulenger de Ominibus, 
 de Prodigiis, de Terrae Motu et Fulminibus, ib. ; Valerinus de 
 Fulminum significationibus, ib. ; Ostertag de Ausp. ex Acu- 
 minibus, Ratisbon, 1780 ; Panvinius de Sibyll. et Sybill. 
 Carminibus ; Gallaeus de Sibyll. Amst. 1688 ; Reinesius de 
 Sibyll. Oraculis, Jena, 1683 ; Bulenger de Sortibus, Thes. 
 Graev. v. ; the Syntagma de Vesta et Vestalibus of J. Lip- 
 sius, the third vol. of his works, and in the Thes. Graev. 
 vol. v. ; Nadal, Histoire des Vestales, Acad, des Inscript. 
 vol. iv. ; Eisenhardt de Vestalibus, Helmstadt, 1752; Wid- 
 der de Speculo Ardente Vestalium ; Dupuy sur la Maniere 
 dont les Anciens rallumaient le Feu Sacre, Acad, des Inscript. 
 vol. xxviii. ; Marinus, preces et munera Fratrum Arvalium 
 detecta, Rome, 1778, Wagner deFecialibus, Helmstadt, 1734. 
 
 331 to 333. The second volume of Stuck's works, con- 
 taining an account of the sacrifices of heathens, and many 
 parts of Struve, refer to the religious practices of the Ro- 
 mans. Particular subjects have been treated of by Brow, 
 von Niedeck, de Populorum vet. ac recen. Adorationibus, 
 Amsterdam, 1713 ; Zabem de Ritu veterum admovendi ma- 
 
APPENDIX. 579 
 
 num ori in adorationibus, Augsburg, 1763 ; Schumann de Lec- 
 tisterniis Rom. in Sacro Codice frustra quaesitis, Leipsic, 
 1739; Thomasinus de Donariis ac Tabellis Votivis, in the 
 Thes. Graev. vol. xii. ; Schiitz de Votis veterum, Leipsic, 
 1665 ; Lomeyer de Lustrationibus, Zutphen, 1700 ; J. B. 
 Hansen de Jurejurando veterum, Thes. Graev. vol. v. ; Ery- 
 cius Puteanus de Jurejur. antiquor. in quo de Puteali Libo- 
 nis, ib. ; F. B. Ferrarius, seven Books, de Vet. Acclamationi- 
 bus et Plausu, Thes. Graev. vol. vi. ; and the treatise of Ber- 
 thaldus de Ara, in the same collection. 
 
 334 to 346. Ovid, as I have already said, has amply 
 treated of the Roman festivals. Modern writers on the sub- 
 ject are Morestellus, author of Alypius, seu de Prise. Roman. 
 Feriis, Lyons, 1606 : writers on particular points are, Baer- 
 ner de Saturnalibus, Leipsic, 1751 ; Spon de Origine Stre- 
 narum, Thes. Graev. vol. ix. ; De la Nauze, sur le Cal- 
 endrier Romain, Acad, des Inscript. vol. xxvi. ; Blondell, 
 Histoire du Calendrier Romain, Paris, 1 682 ; Vetus Calend. 
 Rom. Thes. Graev. vol. viii. ; Kalendar. Rusticum Farnesi- 
 anum, ib. : the Calendar prefixed to the Fasti of Ovid in the 
 same collection ; the Commentary of Siccama in Fastos Kal. 
 Rom., with the Scholia of P. Ciacconius and P. Manutius, is 
 published in the Antiq. Rom. of Rosinus ; Petavius Kal. vet. 
 Rom. in the Thes. Graev. vol. viii. Works upon the Fasti 
 of the Magistracy are, Fasti Magistr. Rom. restituti, by Pi- 
 ghius, Thes. Graev. vol. xi. ; Fasti Consulares anonymi, by 
 Noris, ib. ; Epistola Consularis, by H. Noris, ib. ; Fasti Cons. 
 Idatiani, ib. ; and Reland's Fasti Cons., Utrecht, 1715. 
 
 347 to 355. Works upon public games and shows, are 
 those of Modius de Triumphis Ludis et Spectaculis Veterum, 
 in the Thaes. Gronov. xi. ; Taffini de Anno et Ludis Saecular. 
 Thes. Graevr. vol. viii. ; Onuphr. Panvinius de Lud. Saec. 
 ib. ix. ; Walther de Quinquennalibus et Decenn. Imperat. 
 Rom. Wittemberg, 1748; Onuphr. Panvin. de Ludis Circens- 
 ibus, Thes. Graev. vol. ix. ; Bulenger de Circo Rom. Ludis- 
 que Circens. ib. ; Oct. Ferrarius de Lud. Circ. and de Gla- 
 diator. ; J. Lipsius, two Books on the Saturnalia, he treats 
 of the gladiatorial shows in the third volume of his works. 
 
 pp 2 
 
580 APPENDIX. 
 
 Concerning dramatic or scenic exhibitions, consult Cal- 
 liachius de Ludis Scenis Miraorum et Pantomira., Thes. 
 Sail, ii., also Oct. Ferrarius de Pantomimis et Mimis, ib. ii. ; 
 Boindin sur les Masques et les Habits de Theatre, Acad, des 
 Inscript. vol. iv. ; Mariscottus de Larvis, Thes. Graev. vol. ix. 
 Of later writers Schlegel has been mentioned with approba- 
 tion, Uber Dram. Kunst, Vorles iii. 
 
 356 to 359. The most valuable works of early writers on 
 chronology, are the Chronicon of Prosper. Aquit., in the Thes. 
 Graev. vol. xi., and the Chronicon of Eusebius ; of later 
 writers, Jos. Scaliger de Emendatione Temporum, and his 
 Thes. Temporum ; and Dionys. Petavius de Doctrina Tem- 
 porum, and his Rationarium Temporum. 
 
 For the Fasti, see sections 334 to 346. Works on parti- 
 cular points in chronology, are, that of Bondeterra, Antiq. 
 Lat. etGr. ad Vet. Anni Rationem attinentes, Padua, 1740; 
 that of Jos. Scaliger de Vet. Anno Rom. extracted from his 
 Emendatio Temp., in the eighth volume of the Thes. Graev. ; 
 Johnston de Annis et Mensibus, ib. ; Adrian us Junius de 
 Ann. et Men., ib. ; Freret de l'Annee de J. Cesar, Acad, des 
 Inscript. vol. xvi. ; P. Manutius de Intercalation, Thes. 
 Sail. i. 
 
 Treatises on the time-keepers of the ancients, are those of 
 Draudius de Clepsydris Veterum, Gex, 1 732 ; Martinus von 
 d. Sonnenuhrem d. Alten, Leipsic, 1777 ; Eryc. Puteanus de 
 Nundinis Romanis, Thes. Graev. vol. viii. ; and a treatise de 
 Mantissa (anything given over and above in a bargain) Nun- 
 dinis et Mercatibus, in the Syntagma Juris of E. Tholosa- 
 nus, in the same collection. 
 
 360 and 377. Ancient writers on military subjects are 
 Vegetius, Frontinus, Higynus (Thes. Graev. vol. x.) ; iElia- 
 nus, author of the Tactica ; and iEneas Tacticus, author of 
 a treatise de Toleranda Obsidione, edited by Conrad Orellius, 
 Leipsic, 1818 : and of historians, Polybius, Livy, Caesar, and 
 Appian. Creuzer has devoted from p. 272 to 327 to this 
 subject. 
 
 Later writers on this branch of antiquities are J. Lipsius, 
 five Books de Militia Rom., a commentary on Polybius, vol. 
 
APPENDIX. 581 
 
 third of his works ; the Res Militaris Romana, of Franc. Pa- 
 tricius, in the Thes. Graev. vol. x. ; Schelius de Custod. Cas- 
 trorum, etc. etc., ib. ; De Folard, Commentaire sur Polybe, 
 in the translation of Polybius by Thuillier, Paris, 1727 ; Fr. 
 Robertellus de Legionibus Rom. ib. ; Boeder, Dissertationes 
 de Legione Rom. ib. ; Le Beau, de la Legion Romaine, 
 Acad, des Inscript. vol. xxv. and in other volumes ; Aldus 
 Manutius de Primipilo, Thes. Sail. vol. i. ; Caryophilus de 
 Clypeis Veterum, Leyden, 1751 ; Schoepflin de Galeis Vete- 
 rum ; De la Chausse de Signis Militar. in the Mus. Rom. of 
 this author, to be found in the Thes. Graev. vol. x. ; Sche- 
 lius, notes on Polybius de Castris, ib. ; see section 372 ; J. 
 Lipsius, five Books of Poliorcetica, the third volume of his 
 works ; and Joli de Maizeray, Traite sur l'Art des Sieges et 
 les Machines des Anciens, Paris, 1779. 
 
 The following authors have written on the naval tactics 
 and battles of the ancients : Doletus de Re Navali, Thes. 
 Graev. vol. xi. ; Scheffer de Militia Navali vet. v., also de 
 Varietate Navium, Thes. Gronov. vol. xi. ; Le Roi sur la 
 Marine des Anciens, Acad, des Inscript. vol. xxxviii. ; Mei- 
 bomius de Fabrica Triremium, Thes. Graev. vol. xii. ; and the 
 Commentary of Opelius on this work, ib. ; Vossius de Trirem. 
 et Liburnicarum construct. Thes. Graev. vol. xii. ; and there 
 is a treatise, De Tutelis et insignibus navium, in the Opus- 
 cula of Dav. Ruhnk, Leyden, 1807. 
 
 The pay, advantages, honours, punishments, and dis- 
 charges of the military have been treated of by Fr. Robertel- 
 lus in his work, De Commodis Praemiis et Donis Militaribus, 
 in the Thes. Graev. vol. x. ; Vincent Cantarenus de milit. 
 Roman. Stipendio, ib. ; Eryc. Puteanus Syntagma de Stip. 
 Milit. apud Rom. ib. ; Onuphrius Panvinius de Triumpho, 
 ib. ix. ; Marlianus de Triumphis vet. Rom. Venice, 1555; 
 an essay by Nadal in the Transactions of the Academie des 
 Inscriptions, vol. iii. ; Fr. Robertellus de Pcenis Militum, 
 Thes. Graev. vol. x. ; and Le Beau, des Delits et des Peines 
 Militaires, Acad, des Inscript., vol. xlii. 
 
 378 and 379. I have mentioned ancient writers on 
 agriculture ( 419), to whom may be added Pliny, Hist. Nat. 
 
582 APPENDIX. 
 
 18. 3, etc. ; and of later writers, Binkes de Agricult. prae 
 Mercatura apud Rom. favore, Leyden, 1819. 
 
 380 to 382. From the numerous writers on this subject 
 may be selected, Murray, Origines Panificii, Gottingen, 
 1768; Meursius, de Pistoribus Panariis, etc. etc., in the 
 second part of his Exercitat. Critic, p. 181 ; Koch's Commen- 
 tary de Spiris Pistoriis, Dresden, 1733 ; Wachter de iErariis et 
 Ferrariis, in his Archaeol. Numism. p. 3 ; Poterie des anciens, 
 in the Resume d'Archeol. of Champollion Figeac, vol. ii. 
 p. 292 ; Beckmann, Beitraege z. Geschichte d. Erfindungen, 
 vol. iv. p. 119 ; see also Boettiger's Sabina, vol. ii. p. 106. 
 
 383 to 385. On Usury at Rome, see Hubertus de Ar- 
 gentaria vet., in the Thes. Diss. Jurid. of iElrich, vol. i. ; 
 Salmasius de Usuris, Leyden, 1638 ; I. F. and J. Gronovius 
 de Centesimis Usuris, Leyden, 1661. 
 
 386 to 388. Ancient writers on this subject, are Pri- 
 scian de Nummis et Pond., Thes. Graev. vol. xi. ; Remnius 
 Fannius de Pond, et Mensuris, ib. Among later writers are 
 Eisenschmid de Pond, et Mens, et de Nummis vet., Augs- 
 burg, 1737 ; Arbuthnot, Tabulae Antiqu. Nummorum, etc., 
 etc., translated into Latin by Kcenig, Utrecht, 1756 ; Bceck, 
 Staatshaushaltung der Athener ; Letronne, Considerations 
 sur l'Evaluation des Monn. Gr. et Rom. ; Budaeus de Asse, 
 Paris, 1514 Cologne, 1548 ; B. von Laar de Rom. Pond, et 
 Mens., Leyden, 1810 ; a treatise, De Assibus Imminutis, in 
 Wachter's Archaeol. Num. ; Banduri Bibliotheca Nummaria, 
 Hamburg, 1719; Snellius de Re Numaria, in the Thes. 
 Gron. vol. ix. ; Jos. Scaliger de Re Num. Antiqua, ib. ; 
 Freher de Re Moneta Veterum Rom. Thes. Graev. vol. xi. ; 
 T. F. and J. Gronovius de Sestertiis, Leyden, 1691 ; Freret, 
 Essai sur les Mesures Longues des Anciens, Acad, des In- 
 script. vol. xxiv. ; D'Anville, traite des Mesures Itineraires, 
 Paris, 1769 ; and sur le Mille Rom. by the same author in 
 the twenty-eighth volume of the Transactions of the Academie 
 des Inscript. 
 
 389 to 395. The principal authors who have written on 
 the taxes of the Romans are mentioned in the note on sec- 
 tion 394. Other early writers are Bulenger de Tributis ac 
 
APPENDIX. 583 
 
 Vectig. Pop. Rom. Thes. Graev. vol. vii., and Cantarenus de 
 Frument. Rom. Largitione, ib. 
 
 396 to 416. Consult le Moine, Considerations sur l'Ori- 
 gine et les Progres des Belles Lettres chez les Romains, 
 Paris, 1749; Meiner's Geschichte d. Verfulls d. Sitt. d. 
 Wissensch. u. d. Sprache d. Roem., Vienna, 1791 ; J. C. 
 Voorduin, in the Annals of the University of Ghent, year 
 1821 ; Cellarius de Studiis Romanorum Literariis, Halle, 
 1689 ; de Stud. Liberalibus Urbium Romas et Constantinop., 
 Helmstadt, 1657. On the Latin language, see Funck de 
 Origine, etc., Linguae Latinae ; on its decayed state, the 
 Bibliotheca Lat. Med. et Infimae iEtatis of J. A. Fabricius, 
 Hamb. 1734 ; Du Cange, Glossar. ad Scriptores Med. et In- 
 fimae Latinitatis, Paris, 1733. On the subject of libraries at 
 Rome, see Ech. Reusch. de Biblioth. Rom., Helmstadt", 1734. 
 
 Accounts of classical authors and critiques of their 
 works, and bibliographical information in general, may be 
 found in the Bibliotheca Latina of J. A. Fabricius, enlarged 
 by J. A. Ernest, Leipsic, 1773, 3 vols. 8vo. ; in Th. Chr. 
 Harles's Introd. in Notit. Litt. Romanae, Leipsic, 1794 ; and 
 in Bcehr's Geschichte d. Rcem. Litterat., Carlsruhe, 1828. 
 The following have included Greek authors with Latin : 
 W. D. Fuhrmann, Handb. der Class. Lit. Rudolst, 1804, 
 his Anleit zur Gesch. d. Class. Litteratur d. Griechen und 
 Rcemer., 1816, 2 vols. 8vo., and the Hist. Graec. et Rom. 
 Litteraria, by H. Weittingh, at Delft, 1825. 
 
 417 to 421. Consult Benevenuto Delia Condizione de 
 Medici presso gli Antichi, Perugia, 1779 ; and Wesseling's, 
 Itineraria Veterum Roman., Amsterdam, 1735. 
 
 422 to 429. Herm. Hugo de Prima Scribendi Origine, 
 Utrecht, 1738; J. N. Funck de Scriptura Veterum ; Aid. 
 Manutius de Vet. Notar. explan. Venice, 1566 ; Ursatus de 
 Notis Romanis, Thes. Graev. vol. xi. ;. Nicolai de Siglis Vete- 
 rum, Leyden, 1703; an appendix on the Ciphers and Ab- 
 breviations of the Romans at the end of Nieupoort's work 
 on Roman Antiquities ; Schwartze de Ornamentis Librorum, 
 Leipsic, 1756 ; Schcetten Historia Librariorum Vet. et 
 Medii aevi, Leipsic, 1710. 
 
584 APPENDIX. 
 
 Works on inscriptions are, the Thesaurus Inscriptionum 
 of Gruter, enlarged by Graev., Amsterdam, 1707 ; the In- 
 scriptions Antiquae of R. Fabretto, with emendations by 
 Gruter, Rome, 1699 and 1707 ; Syntagma Inscript. Antiq. 
 of Reinesius, Leipsic, 1682; Norris, Thes. Vet. Inscript. by 
 Muratori, Milan, 1742, and a supplement to it by Donatus, 
 Lucca, 1775 ; Inscriptiones by Morcelli, with explanations, 
 Rome, 1783. 
 
 Works on particular inscriptions are, that by Giacconi, 
 Columna C. Duilii Illustrata, in the Thes. Graev. vol. iv. ; 
 also Inscriptio Scipionis Barbati, ib. 
 
 For inscriptions on coins, see on sections 386 to 388, and 
 besides the works there referred to, La Science des Medailles, 
 by L. Jobert, Paris, 1739 ; Savot sur les Medailles Antiques, 
 in Latin, in the Thes. Graev. vol. xi. ; Barthelemy, Essai 
 d'une Palaeographie Numismatique, Acad, des Inscript. vol. 
 xxiv. ; Zaccaria, Istituz. Antiquario-nummaria, Roma, 1772 ; 
 Wachter, Archaeolog. Numm., Leipsic, 1740 : T. Eckhel, Doc- 
 trina Nummorum Vet. 1792 ; T. E. Mionnet, Description des 
 Medailles Gr. et Rom., Paris, 1822 ; Patinus, Thesaurus Nu- 
 mism., Paris, 1672 ; Thesaurus Morellianus seu Famill. Rom. 
 Numism. omnia, published by Havercamp, Amsterdam, 1734; 
 Vaillant, Num. Familiarum, Amst. 1703 ; Nummi Imperat. 
 Rom. selecti, Rome, 1773 ; Nummi Coloniarum et Munici- 
 piorum, Paris, 1695 ; Patinus, Nummi Imperator. Rom., 
 Augsburg, 1671 ; Zoega, Nummi ^Egyptii Imperatorii, 
 Rome, 1787 ; Ezech. Spanheim de Usu et Praestantia Nu- 
 mismatum, Amst. 1717, 2 vols. fol. 
 
 430 to 446. Consult Bulenger de Pictura, Plastice, Sta- 
 tuaria, Lyons, 1627 ; Winckelman's Works, Dresden, 1808 
 1820 ; his Gesch. d. Kunst. d. Alterthums, Dresden, 1764 ; 
 J. A. Ernest, Archaeologia Litteraria studio G. H. Martini, 
 Leipsic, 1760 ; the Grundriss d. Archaeol. of Ch. D. Beck, 
 Leipsic, 1816 : Zoega, liBassi Rilievi Antichi di Roma, 1807 ; 
 and Caryophilus de Antiq. Marmoribus, Utrecht, 1743 ; 
 Stosch Gemmae Antiq. caelatae, engraved by Picard, Amst. 
 1724, folio, and remarks on the work by Winckelman, Flo- 
 rence, 1760 ; Rubendius's essay, De Gemma Tiberiana, in 
 
APPENDIX. 585 
 
 the Thes. Graev. vol. xi. ; J. D. Lippert, Dactyliotheca, 
 Leipsic, 1762, edited by Heyne, Leipsic, 1763, witli a sup- 
 plement, Dresden, 1 776 ; Abr. Gorlaeus, Dactyl iotheca, with 
 notes by J. Gronovius, Leyden, 1707 ; Le Blond et Larcher 
 Diss, sur les Vases Murrhius, Acad, des Inscript. vol. xliii. ; 
 Von Veltheim, uber d. Vasa Murrhina, Helmstadt, 1791 ; 
 C. H. Roloff, uber d. Murrin. Gefcesse d. Alten, in the Mu- 
 seum der Alterthums Wissensch. of Wolf, vol. ii. p. 507 ; 
 Junius de Pictura Veterum, Rotterdam, 1694, fol. ; Pensel 
 super. Antiq. Picturarum Generibus, Halle, 1771 ; Fr. Aug. 
 Walter, d. Wiederhergestellte Mahlerkunst d. Alten, Berlin, 
 1820 ; a paper sur le Peinture a l'Encaustique, in the 
 Transact, of the Acad, des Inscript. vol. xxviii. ; Bellorius, 
 Picturae Antiq. Sepulchri Nasonum explicatae, Thes. Graev. 
 vol. xii. ; Jo. Ciampinus de Veter. Monum. praecip. Musivis, 
 Operibus, Rome, fol., 1690 ; Furietti de Musivis, Rome, 1752. 
 
 On the music of the ancients, see Fr. Blanchinus, Diss, de 
 Tribus Generibus Instrum. Musicae Veter. Organicae, Rome, 
 1742 ; Bartholinus de Tibiis, Amster. 1679 ; Lampe de 
 Cymbalis Vet. Utrecht, 1703 ; Meister de Organo Hydrau- 
 lico ; B. Bacchinus and J. Toll de Sistris, Thes. Graev. vol. 
 vi. ; H. Boss, Isiacus. seu de Sistro, Thes. Sail. ii. 
 
 447 to 457. See the works on sections 463 to 473, 
 works on Roman customs referred to ; also Malliot, Recher- 
 ches sur les Mceurs, les Costumes, et les Usages des Anciens 
 Peuples, Paris, 1804 ; Bayfius de Re Vestiaria, Thes. Graev. 
 vol. vi. ; Rubenius de Re Vestiaria praecipue de Lato Clavo, 
 ib. ; Oct. Ferrarius de Re Vest., ib. ; Analecta de Re Vest., 
 ib. ; Costumes des Grecs et des Romains, Paris, 1772. 
 
 Works on particular points are such as that of Aid. Ma- 
 nutius de Toga. Thes. Graev. vol. vi. ; Bos de Lato Clavo 
 Senatorum, Thes. Sail. ii. ; Bartholinus de Paenula, Thes. 
 Graev. vol. vi. ; Donius de utraque Paenula, ib. ; Raynaudi 
 de Pileo, ib. ; Balduin de Calceo Antiq. et Mystico, and Ru- 
 benius de Calceo Senat., Amsterdam, 1677 ; Sperling de 
 Crepidis Vet. Thes. Gronov. vol. ix. ; J. Scheffer de Antiq. 
 Torquibus, ib. vol. xii. ; De la Chausse de Vasis, Bullis, Ar- 
 millis, etc. ib. ; Casp. Bartholinus de Inauribus Vet., Amst. 
 1676 ; Kirchman de annulis, Sleswick, 1657, and Leyden, 
 
586 APPENDIX. 
 
 1672; P. Burmann de Jure Ann. Aur., Utrecht, 1734; Korn- 
 mann de Annulo Triplici, etc. etc., Leyden, 1672 ; G. Longus 
 de Annulis, Leyden, 1672. 
 
 On female dress, see Bcettiger's Sabina oder Morgensze- 
 nen im Putzzimmer einer reichen Rcemerin, Leipsic, 1806. 
 
 458 to 462. On the private dwellings and public build- 
 ings of the Romans, consult the essays of Minutolus which I 
 have mentioned with approbation in section 41. On parti- 
 cular subjects connected with them see Sagittarius de Januis 
 Vet. Thes. Graev. vol. vi. ; Molinus de Clavis, Upsal, 1684, 
 and in the Thes. Sail. iii. ; and for similar information, see 
 Lipsius on Tacit. Ann. ii. 
 
 463 to 473. Casalius de Ritibus Roman., Rome, 1644, 
 Erfurt, 1681 ; Meiner's Gesch.d. Verfalls, etc., Leipsic, 1782 ; 
 Meierotto uber Sitten, etc. 3rd edit., Berlin, 1814 ; D'Arnay, 
 de la Vie privee des Romains, Lausanne, 1760; Couture on 
 the same subject, Acad, des Inscript. vol. i. ; Meursius de 
 Luxu Rom. Thes. Graev. vol. viii. ; Nadal du Luxe des 
 Dames Rom., Acad, des Inscript. vol. iv. Creuzer has 
 treated amply of the repasts of the Romans ; consult also 
 Stucke's three Books Antiq. Conviv., etc. Leyden, 1695, fol. ; 
 Bulenger de Conviviis, Thes. Graev. xii. ; Baccius de Convi- 
 viis, ib. ix. ; Eryc. Puteanus Reliquiae Convivii Prisci, ib. 
 xii.; Schwartze de Comissationibus Vet., Altenburg, 1744; 
 Baruffaldus de Armis Convivalibus, Thes. Sail. iii. ; Vine. Batius 
 de Potu Ant. Thes. Graev. vol. xii. ; Meibomius de Cerevisiis 
 Vet., ib. ix. ; Barry, Obs. on the Wines of the Ancients, Lond. 
 1775 ; Freinsheim de Calido Potu, Lanzoni de Coronis et 
 Unguentis in Conviviis Vet., Thes. Sail, iii., and Ciacconius de 
 Triclinio, Leipsic, 1758 ; and Bach de Thermis Veterum, 
 Thes. Graev. vol. xii. 
 
 473. Consult Janson of Louvain de Mensis Lecticis, 
 etc., 1701 ; Alstorphius de Lectis et Lecticis, Amsterdam, 
 1704; J. Scheffer de Re Vehiculari, Frankfort, 1671, 
 4to. ; G. Green de Rusticatione et Villis, Leipsic, 1667, and 
 Thes. Sail. vol. i. ; Stucke, Antiq. Convivales, book i. c. 23 ; 
 Rob. Castelli, the Villas of the Ancients illustrated, London, 
 1728, fol. ; Eckerman de Rusticatione Vet. Rom. Upsal, 
 1740; Natalis Comes, four Books, de Ludis Agrest. praeci- 
 
APPENDIX. 587 
 
 pue de Venatione, London, 1726 ; Winderlich de Veterum 
 Popinis, in the Transaction of the Societas Latina of Jena, 
 vol. iii. p. 267; Boessius on the Ibis of Ovid, p. 113; 
 Treuner Dissert, de Molis, Jena, 1695 ; Gotz de Pistrinis 
 Veterum, Acad, des Inscript. vol. iii. On fishponds, see 
 Varro de Re Rust. iii. 17 ; and also Thomasinus de Tesseris 
 Hospitalitatis, Amst. 1670. 
 
 474 and 475. See Bulenger de Ludis Privatis Vet., Lyons, 
 1627; Calcagnius de Talorum, Tesserarum, et Calculorum 
 Ludis, in the Thes. Gronov. vol. vii. ; Des Jeux de Hazard en 
 usage chez les Romains, Acad, des Inscript. vol. i. ; De 
 Pauw, de Alea Vet., Utrecht, 1726. 
 
 476. Sigonius de Ant. Ritu Connubiorum in his work, de 
 Antiq. Jur. Civ. Rom. ; Laurentius de Sponsalibus, Thes. 
 Gronov. vol. viii. ; Brisson de Ritu Nuptiarum, Thes. Graev. 
 vol. viii. ; Brower de Jure Connub., Delft, 1714; and Creuzer, 
 p. 54, etc. 
 
 483. Bartholinus de Ritu Puerperii Rom., Rome, 1677 ; 
 Bork de Vet. Rom. in Educandis Liberis Solertia, Gex, 1784. 
 
 485 and 486. Creuzer has treated amply of the funeral 
 rites of the Romans, p. 356, etc. of his work. The follow- 
 ing works refer both to the entire subject and to its particu- 
 lar points, Kirchman de Funeribus, Hamburg, 1605 ; Lau- 
 rentius de Funeribus Antiq., Thes. Gronov. vol. xi. ; Giral- 
 dus de Sepulchris, etc. ; Morestelli Pompa Feralis, Thes. 
 Graev. vol. xii. ; De la Chausse, Lucernae Sepulchrales, ib. ; 
 Oct. Ferrarius de Luc. Sepulchr. ib. ; Schcepflin de Apo- 
 theosi Imperat. Roman., in his Comment. Hist, et Crit., 
 Basle, 1741 ; Lanzoni de Luctu Mortuali Vet. Thes. Sail, iii.; 
 Barufaldas de Praeficis, ib. ; H. Noris Cenotaphia Pisanae C. 
 et L. Caesarum, Venice, 1681, Pisa, 1764; Pict. Ant. Sepul- 
 chri Nasonum, Thes. Graev. vol. xii. ; Guther de Jure Ma- 
 nium, ib. ; Scyffert de Nummis in Ore Defunctorum repertis, 
 1709. 
 
 491. Augustinus de Gentibus et Fam. Rom. Thes. Graev. 
 vol. vii. ; Streinnius de Gent, et Fam. ib. ; Ruperti Stem- 
 mata Gent. Rom., Gottingen, 1795 ; Sigonius de Nominibus 
 Roman, in Thes. Graev. vol. ii. 
 
INDEX 
 
 OF SUBJECTS AND WORDS. 
 
 THE NUMBERS REFER TO THE SECTIONS. 
 
 Abdicatio, 106 
 
 Aborigines, 403 
 
 Acarnania, 2 I 
 
 Accensi, soldiers so called, 144; 
 
 beadles, 217 
 Accessio, 99 
 Accumbere mensae, 461 
 Accusatior, accusator, 265, 275, 276 
 Acetabulum, 388 
 Acies, 371 ; acies ambulans, 370 
 Accipensis, 466 
 Acroama, 470 
 
 Actiones legis, 271, sqq.; very in- 
 intricate, 27 l k ; kept secret, by 
 the patricians, 27 is ; but at length 
 divulged, 27 l h ; fictitious ones, 
 27 l d 
 Actus, a measure, 388 
 Addictio, addicti, 72, 396 ; whether 
 
 slaves were ever addicti, 72 
 Adlocutio, 371 
 Admissionalis, 494 
 Adoptio, 88-93 ; its causes, 88 ; 
 modes, 89-91; by will, 90; its 
 effects, 91 ; who could adopt and 
 be adopted, 92 
 Adoratio, 331 
 
 Adparitores, 217 ; in courts of jus- 
 tice, 265 ; in offices, 239 
 jEdes, 330, see Domus ; (Ed. Bello- 
 nae, Concordia, 179 ; Telluris, 304 
 iEdiles, curule, plebeian, and their 
 respective duties, 209, 210; Ce- 
 reales,210 
 ^ditui, 329 
 Agates, islands, 16 
 iEmilius Paulus, 482 
 
 iEneas, 307 
 
 ^Eolia,26 ; islands of, 26 
 
 jErarium, the treasury, distinct from 
 the Fiscus, 391 ; its administra- 
 tion, 187, 393 ; its difficulties, ib. 
 
 iErarium facere, 198 
 
 JEs, money, 144, 387; different 
 kinds of it, 432 ; aera Myronis, 
 ib. ; aesuxorium, 198 
 
 JEs alienum, the public debt the 
 ruin of the state, 73 
 
 iEsculapius, 307 
 
 ^Estiva, 369 
 
 JEthiopes, 36 
 
 jEtolia, 21 
 
 Africa, 35, 36 
 
 Agentes in rebus, 240 
 
 Ager Campanus, 252 ; decumanus, 
 ib. ; publicus, 134, 252, 378, 390 
 
 Age of those liable to military ser- 
 vice, 362 
 
 Agger, in sieges, 372 
 
 Agnati and cognati, 80, 106 
 
 Agonalia, 335, 346 
 
 Agriculture, honourable among the 
 Romans, 378; intrusted to slaves, 
 ib. 
 
 Aius Locutius, 313 
 
 Alae, the wings of a legion, 365 ; of 
 an army, 271 
 
 Albania, 33 
 
 Albarium, 432 
 
 Albricus, 416 
 
 Alea, 475 
 
 Alexandrine writers, 405 
 
 Alites, birds of augury, 320 
 
 Alphabetum Tironianum,422 
 
590 
 
 INDEX. 
 
 Aluta, a shoe, 454 
 Amata, applied to a vestal when se- 
 lected, 325 
 Ambarvalia, 323, 332 
 Ambitus, 184, 264 
 Amphitheatres, 350 
 Amphitrite, 291 
 Amphora, a measure, 388 
 Amtruare, 326 
 Angiportus, 46 
 Animadversio censoria, 198 
 Anna Perenna,337 
 Annona, 374 
 
 Annales Pontificum, 318, 401 
 Annuli, rings, 456-7 ; pronubus, 
 476 ; rings of the deceased, 485 ; 
 signets, 457, 435 ; aureo donare, 
 137 
 Antestari, 273 ; antestatus, 87, 97 
 Antiquarians, (Latin), 415 
 Antiquities, the meaning of the word, 
 1,2; method of treating of them, 
 6 ; utility of them, 3 ; sources of 
 our knowledge of them, 4 ; assist- 
 ance to be obtained in studying 
 them, 5; their due limits, 102, 
 429 
 Antiquo, 165 
 Antistius Labeo, 421 
 Antonius Musa, 420 
 Antony, the orator, 412 
 Anxur, 288 
 Apex, a cap, 454 
 Apollo, 259 
 Apotheosis of the emperors, 307, 
 
 490 
 Apuleius, 413 
 
 Aqueducts, 50; a work on aque- 
 ducts, 418 ; water used for drink- 
 ing, 467 
 Arabia, 33 
 
 Ara maxima, 307 ; Altars, 330 
 Arbitri, umpires assigned in courts 
 
 of law, 268 
 Arbor infelix, 278 
 Architecture, 418 ; Grecian styles 
 
 introduced at Rome, 440 
 Arches, triumphal, 50 
 Arena, of the amphitheatre, 350, 352 
 Argentarii, 384 
 Aries, 372 
 Arms of the Romans, 363 ; arm a 
 
 condere, 326 
 Armatura gravis, levis, 363 
 Armenia, 33 
 Armilustrum, 344 
 
 Army, a Roman, on its march, 369 ; 
 its followers and baggage, 368 
 
 Arrogatio, 89 
 
 Ars Apollinea, 295 
 
 Artisans, unions of, 380 
 
 Artisans, how obtained by the Ro- 
 mans, 430 
 
 Arts,' their state at Rome, 430; 
 practised there by Greeks princi- 
 cipally, ib. ; accumulation of 
 works of art at Rome, ib. 
 
 Arundo, the, used in weaving, 382 ; 
 a musical instrument, 444 
 
 As, the, a coin, 387 ; its value, 144 ; 
 as a weight, 386; a measure, 388 ; 
 subdivisious of the as, 386 
 
 Asia Minor, 26 ; pro consularis, ib. 
 
 Asinius Pollio, 408 
 
 Assessores, at trials, 265, 266 
 
 Assyria, 34 
 
 Astrology, Astronomy, 418 
 
 Ateius Capito, a counsellor, 421 
 
 Atellana fabula, 353 
 
 Athenaeum, the, at Rome, 407 
 
 Atriensis, 494 
 
 Atrium, 459, 461 ; Libertatis, 408 
 
 Attica, 21 
 
 Auctions, 100 
 
 Authors, ancient Roman, 409 to 
 422; on rural affairs, 419, 378 
 
 Auctorati, auctoramentum, 351 
 
 Auctoritas, 100; a praestare, 98; 
 authority of the senate, 177 ; auc- 
 toritas praescripta, 182 
 
 Augurs, 319, 320 ; their duties at 
 comitia, 150 ; their influence, ib. 
 and 319 
 
 Auguries, of different kinds, 151, 
 319, 320 ; omens, good and bad, 
 320 ; public and private, 319. 
 
 Augustalia, 344 
 
 Augustus, his innovations in the go- 
 vernment, 220, 228, 229 ; Au- 
 gustus, a title, 222 
 
 Aulaea, 355 
 
 Aureus, a coin, 387 
 
 Auriculam tangere, 97 
 
 Aurora, an idol, 304 
 
 Aurum coronarium, 250 ; vicesima- 
 rium, 390 
 
 Auspices, 319 ; of different kinds, 
 151 ; modes of taking them, 320 ; 
 at the comitia, 150, 158 ; military 
 ausp.320, 371 
 
 AvroKparcop, 222 
 
 Avena, syrinx, 444 
 
INDEX. 
 
 591 
 
 Awnings, over theatres, 355 
 Axamenta, 326 
 
 Babylonia, 34 
 
 Bacchanalia, 337 
 
 Bacchus, 303 
 
 Bactriana, 34 
 
 Baetica, 9 
 
 Bail, 273, see Vas. Pra*. 
 
 Balearic islands, 9 
 
 Ball, games at, 474 
 
 BoAAto-^uos, 446 
 
 Ballista, 372 
 
 Baphium, 233 
 
 Barbitos, 444 
 
 Barritus, 371 
 
 Bastaga, 233 
 
 Bachelors, fine on, 391 
 
 Baths, 50, 472 ; private, 459 ; their 
 
 arrangement, use, and implements 
 
 of bathing, 472 
 Beaufort, 249 
 Belgium, 10 
 Bellaria, 464 
 
 Bellona, Bellonarii, 292, 328, 340 
 Bes, 386 
 Bestiarii, 3 19 
 Bidental, 94 
 Birds, observed by Augurs, 151, 160, 
 
 320 
 Bithynia, 28 
 Boeotia, 21 
 
 Bcettiger, his Sabina,456 
 Bona Dea, 306, 308, 328, 339 
 Bonum factum, a formula, 195 
 Books, their shape and ornaments, 
 
 423 and 424 ; books of the Sibyl, 
 
 306 an4 322 
 Braccae, braccatus, 453 
 Bread, of various qualities, 467 ; 
 
 barley bread, 377 
 Bridges at Rome, 47 
 Britannia, 11 
 Brumalia, 345 
 Buccina,368, 445 
 Buildings, public, 394, 395, 254 ; on 
 
 medals, 427 
 Bulla. 453 
 Busts, 433 
 Bustuarii, 350 
 
 Cabiri, 288 
 
 Caduceus, Caducifer, 294 
 
 Caelata opera, what works were so 
 
 called, 434 
 Caelatura, 431,434; of two kinds, ib. 
 Capites, Caeritum tabulae, 115, 198 
 
 Caesar, 222, 227, 356 
 
 Caesars, the, their power, 221, 223 ; 
 
 styled divi, 317, 324, 490 ; the 
 
 age of the emperors infamous for 
 
 immorality, 400 
 Caius, Caia, 480 
 Calamus, the reed used for writing, 
 
 423 
 Caldaria, 472 
 Caledonia, 11 
 Calenda3, 296, 358 
 Calendar, 334, 384 
 Caliendrium, 457 
 Caligae, 363, 368 
 Calumniam jurare, 273, 276 
 Cameos, 435 
 
 Camillus, Camilla, 329, 478 
 Caminus, 461 
 Campi, at Rome, 48 
 Camps, the origin of several cities, 
 
 369 ; Roman camps described, ib. 
 Campus Martius, 161, 292 
 Campus sceleratus, 325 
 Cancellarii, 214 
 Candidati, 162, 165, 184 
 Capellamentum, 457 
 Capite censi, 144 
 Capitis deminutio, 69 
 Capital, the, of a column, 441 
 Cappadocia, 28 
 Caput porcinum, an order of battle, 
 
 371 
 Carbasus, 448 
 Carceres, of the circus, 348 
 Caria, 26 
 
 Carmen Saliare, 409 
 Carmenta, 308 ; Carmentalia, 335 
 Carna, an idol, 288, 340 
 Carneades, 417 
 Carnifex, 218 
 Carptor, 495 
 Caryatides, 441 
 Castes, whether such a distinction 
 
 existed at'Rome, 142, 183 
 Castella, note on, 126 
 Castor and Pollux, 307 
 Castrametatio, 369 
 Castrensis, 234 ; Castrensiani, ib. 
 Cataegrapha, 439 
 Catapulta, 372 
 Catasta, 53 
 Cato the Elder, 400; Dionysius 
 
 Cato, 410 
 Causariamissio, 377 
 Cavaedium, 459 
 
 Cedar oil for preserving MSS., 423 
 Ceilings, 462 
 
592 
 
 TNDEX. 
 
 Celeres, 135 
 
 Cenotaph ia, 94, 489 
 
 Censio hastaria, 377 
 
 Censitores, 75 
 
 Censors, their appointment, 197; their 
 authority, ib., and 174 ; under the 
 emperors, 199 ; their insignia, ib. 
 
 Censorinus, 415 
 
 Censura, 197, 200 
 
 Census, its origin, 144 ; its privi- 
 leges, 75 
 
 Census, the rate of any class of citi- 
 zens at Rome, 144 ; in the pro- 
 vinces, 75 
 
 Centesima, a duty levied on goods 
 sold, 391 
 
 Centuriae, the, in any class, 144 ; 
 cent, praerogativa, 163; primo vo- 
 cata, jure vocata, 163 ; centurias 
 explere, 167 
 
 Centuriae, the, in any tribe, 163 ; the 
 number of, 163 
 
 Centuriae celerum, 135 ; the cent, 
 in a legion, 366 
 
 Centurions, 366 
 
 Cerae, 423 ; sheets of a will, 104 
 
 Ceres, 279 
 
 Cerealia, 338 
 
 Cerevisia, 467 
 
 Cessio in jure, 99 
 
 Cestrota, 437 
 
 Ceylon, 34 
 
 Chaldea, 34 
 
 Chartalarii, 232 
 
 Chelys, the tortoise, 444 
 
 Chersonesus Taurica, 25 
 
 Children, their rights and condition, 
 83 ; see paternal authority, their 
 education, 407 and 483 
 
 Chironomia, 446 
 
 Chords, musical, 444 
 
 Cicero, 412, 414 ; his upright go- 
 vernment of his province, 254 
 
 Cilicia, 29 
 
 Cinctus Gabinus, 450 
 
 Cinerarius,495 
 
 Cinerariae urnae, 487 
 
 Cingulum, the belt or badge of office, 
 240 
 
 Ciniflo, 495 
 
 Circus, 348 ; circi at Rome, 49 ; 
 games of the circus, and parties 
 (factiones), 349 
 
 Cithara, 444 
 
 Citizens, who were entitled to be, 66 ; 
 whether persons could obtain citi- 
 zenship in two cities, 68 ; the state 
 
 of citizens in the provinces, 251 
 
 Citizenship at Rome, 65 ; easily ac- 
 quired, ib. ; made common to tbe 
 inhabitants of the empire, 66 ; of 
 the highest order, inferior, 65 to 
 68; how forfeited, 68 
 
 Citizenship, its privileges, 70 ; pub- 
 lic and private, 70 and 80 
 
 Civitates liberae, 251 
 
 Clarigatio, clarigare, 323 
 
 Classes, 144 
 
 Classicum,368 
 
 Classis, classiarii, 373 
 
 Claustrum, 460 
 
 Clavis, 460 
 
 Clavus, an ornament on the tunic, 
 452 ; on that of knights, 137 ; dif- 
 ferent from that worn on the tunics 
 of senators, 176 
 
 Clepsydra, 358 ; its use in courts of 
 justice, 274 
 
 Clibanus, Clibanarii, 238, 364 
 
 Clients and clientship, 140 ; the ex- 
 tent of clientship, 141 ; duties of 
 clients, 141 and 471; sanctity 
 and disregard of its institutes, 141 
 
 Cloacae, 50 
 
 Cloacina, 299 
 
 Clocks, 358 
 
 Coactores, 217 
 
 Codicils in wills, 110 and 111 
 
 Codicilli of magistrates, 237 
 
 Coelesyria, 31 
 
 Coemptio, a form of marriage, 97, 480 
 
 Coena adilialis, 317 
 
 Coena, caput coenae, 464 
 
 Coenatio, 468 
 
 Cognitio causae, 267 and 273 
 
 Cognitores, 272 
 
 Cognoscere de piano, 195 and 266 
 
 Cohors praetoria, 225 and 247 
 
 Cohortes, regiments in a legion, 365 
 
 Coins, of different kinds, 427 ; in- 
 scriptions on,ib. 
 
 Coins, current at Rome, 386 
 
 Colchis, 33 
 
 Collegia, of priests, 317; of work- 
 men, 380 
 
 Colonies, of different kinds, 199; 
 their laws, 120 ; which had the 
 privilege of citizenship, 120 ; and 
 to what extent, ib. 
 
 Coloniae juris ltalici, 119 
 
 Colonies in general, their origin and 
 usefulness, 241 ; mode of settling 
 them, 242; military col. 242 and 
 121 
 
INDEX. 
 
 593 
 
 Colonies (Greek), 15 and 26 
 
 Colours used in painting, 437 
 
 Colossi, 433 
 
 Columbaria, 489 
 
 Column of Trajan, 434 ; orders of 
 architectural col. 441 ; parts of a 
 pillar, ib. 
 
 Columna Rostrata, 426 
 
 Columns at Rome, 50 
 
 Colus, 382 
 
 Comes Orientis, 235; comes rerum 
 privatarum, 234 ; sacrarum largi- 
 tionem, 233 ; rei militaris, 235 ; 
 other officers of this rank, 233 
 
 Comitia, 147, etc.; calata, 149 ; cu- 
 riata, 153-156; centuriata, 156- 
 168 ; tributa, 168-172 
 
 Comitia, business transacted at them, 
 148 ; who might hold them, 148 
 and 158; how interrupted, 149, 
 151, 167 ; struggles for preponde- 
 rance at them, 163 
 
 Comitia tributa, their origin, 168 ; 
 business transacted at them, 169, 
 etc.; their power, 170 ; who could 
 assemble them, 171 
 
 Comitia centuriata, their form and 
 nature, 159, etc. 
 
 Comitia, their condition under the 
 emperors, 228 
 
 Comitium, 147 and 155 
 
 Commanders, of legions, 366 ; of the 
 fleet, 373 
 
 Commerce, before the use of money, 
 386; commerce, 123 
 
 Commercii, jus, enjoyed by the La- 
 tins, 126 
 
 Commissioners, see Quinqueviri, De- 
 cemviri, etc. 
 
 Comcedia, its kinds, 353 and 446 
 
 Compitalia, 314 and 346 
 
 Compluvium, 459 
 
 Componere funus, 485 
 
 Concrepare digitis, 469 
 
 Concubinatus, concubina, 82 and 48 1 
 
 Condictio, one of the legis actiones so 
 called, 271 h 
 
 Confarreatio, its rites, 477, etc. 
 
 Congiaria, 395 ; congius, 388 
 
 Conjurors, 354 
 
 Consecratio, apotheosis, 307 and 490 
 
 Constantine the Great, 131 and 395 
 
 Constitution, Roman, its early stages 
 very obscure, 128 ; its most ancient 
 form, 396 ; power shared between 
 the senate and people, 146; sub- 
 verted by the emperors, 212 
 
 Constitutiones, 262 
 
 Consulares, 235 
 
 Consuls, 186, etc. ; their authority, 
 187; holding their power alter- 
 nately, 188; never quitting Rome, 
 188 ; their new duties under the 
 emperors, 189 ; one of them a 
 plebeian, 186 and 205; the year 
 was named after them, 186; sub- 
 stituted suffecti, 189 
 
 Consulship abolished, 189 
 
 Consus, consualia, 284, 342, 346 
 
 Contestatio litis, 273 
 
 Contubernales, 247 ; contubernium, 
 82 ; of soldiers in a tent, 370 
 
 Conventus, 249 
 
 Cornicula, 375 ; cornicularius, 239 
 and 375 
 
 Cornua, musical instruments, 445 ; 
 cornua lyrae, 444 ; librorum, 
 424 
 
 Cornu copize, 311 
 
 Corona cingere, 372 
 
 Coronae, soldiers' rewards, 375 
 
 Correctores, 235 
 
 Corsica, 16 
 
 Cothurnus, 355 and 454 
 
 Cotton, 448 
 
 Cottabus, 470 
 
 Court of the emperors, its pomp and 
 splendour, 393 
 
 Courts of law and justice, 263 ; of 
 the praetors, 196; of the centum- 
 viri, 195 and 267 
 
 Crassus, the orator, 412 
 
 Creditors, their cruelty, 72, 73 
 
 Creta, 23 
 
 Cretio, in wills, 107 
 
 Creuzer, 40 and 70 
 
 Crotalum, 443 
 
 Crux, crucifixion, 55 and 278 
 
 Cubicularius, 494 
 
 Cubiculi sacri propositus, 232 
 
 Cubit, a measure, 388 
 
 Cucullus, 451 and 454 
 
 Cultrarii, 329 
 
 Cumerum, 478 
 
 Cuneus, an order of battle, 371 
 
 Cunina, an idol, 313 
 
 Curatores, of different kinds, 216; 
 of the districts of the city, 46 
 
 Curetes, 328 
 
 Curiae, 49 ; of the Roman people, 
 142; of the senate, 179 
 
 Curiales, 117 
 
 Curiones, 142 and 323 
 
 Curiosi, inspectors, 233 
 
 Q q 
 
594 
 
 INDEX. 
 
 Cursus publicus, public posting of- 
 fices, 233 
 
 Cyathus, a measure, 388 
 
 Cybele, 306 and 328 ; her rites and 
 priests, ib. ; music used at her mys- 
 teries, ib., 443, and 445 
 
 Cyclops, the, 293 
 
 Cymbals, 443 
 
 Cypress tree, used at funerals, 485 
 
 Cyprus, 30 
 
 Cyrenaica, 35 
 
 Dacia, 25 
 
 Dactyliotheca, 435 
 
 Dalmatia, 17 
 
 Damium, 308 
 
 Damnare ad bestias, 55 : ad metella, 
 56 
 
 Danube, the, 18 
 
 Days of the month, how named, 358 ; 
 hours and divisions of the day, 
 358 ; religious distinctions be- 
 tween days, 359 ; days for hiring, 
 341 
 
 Debtors, law of XII Tables concern- 
 ing, 72 
 
 Decani, 366 
 
 Decemviri, appointed for drawing up 
 the laws, 205 
 
 Decemviri, for trying cases at law, 
 195 and 267 
 
 Decimatio, vicesimatio, 377 
 
 Decumates, fields so called, 252 
 
 Decumae, 252 
 
 Decuriae,269 
 
 Decuriones, 366 ; those of the mu- 
 nicipal towns, 117 
 
 Dedicatio, 330 
 
 Dediticii, 127 
 
 Defensores, in trials, 273 : of cities, 
 117 
 
 Delatio nominis, 276 
 
 Delectus, see Livy, 362 
 
 Delicacies for the table, 466 
 
 AeA/ros, 224 
 
 Delubrum,330 
 
 Democracy, Roman, 146 
 
 Denarius, 387 and 427 
 
 Denuntiatores, 46 
 
 Depontani senes, 147 
 
 Dessert, 464 
 
 Deverra, 309 
 
 Devotio, 332 
 
 Diaetae, 461 and 462 
 
 Diamond, the, if ever engraved on, 
 436 
 
 Diana, 300 and 316 
 
 Diarium of slaves, 56 
 
 Dictator, the, 201 ; chosen at night, 
 203 ; and by whom, 202 and 203; 
 meaning of the title, causes of 
 election, and origin of the dignity, 
 201 ; his power, 202; limited, ib. 
 
 Dictatura, the dictatorship, 201, etc. 
 
 Dies fasti and nefasti, 27 is, and 359 
 
 Dies comitiales, 169 
 
 Dies natalis urbis Romae, 37, 338 
 
 Diem eximere dicendo, 180 
 
 Dignitates utriusque imperii, 230 ; 
 list of them, 231 ; of different 
 kinds, 232, etc. 
 
 Dii, indigetes, 307 ; agrestes, 308 ; 
 averrunci, 313 ; novensiles, 307 ; 
 patellarii, 314 ; laterani, ib. 
 
 Dii, selecti, 289 and 301 
 
 Dii, majores et minores, 289 ; diffe- 
 rence between them, 307 and 308 
 
 Diocletian, 395 
 
 Diceceses, of provinces, 235 
 
 Dione, 299 
 
 Dionysius Halicarnasseus, 279 and 
 396 
 
 Diptycha, 189 and 424 
 
 Diribitores, at comitia, 166 ; ser- 
 vants so called, 495 
 
 Dirksen, a writer, 205, 261 
 
 Dirutus aere, 377, notes 
 
 Discessio, dividing of the senate, 181 
 
 Dispensation of duties, 270 
 
 Dispensator, a servant, 494 
 
 Disposition, natural, of the Romans, 
 396, etc. 
 
 Disputatio fori, 262 
 
 Dius Fidius, 285 
 
 Divinatio, in trials, 276 
 
 Divorce, its laws, its different kinds, 
 grounds for a divorce, 482 
 
 Dodrans, 386 
 
 Domi duca, 296, 477 
 
 Dominium i jure quiritium, 93 ; do- 
 minium legitimum soli, 124 
 
 Dominium litis, 273 
 
 Dominus, princeps, 222 
 
 Donativa, 395 
 
 Doris, 21 ; in Asia, 26 
 
 Drachma, 386 
 
 Duces Imperii Orientalis, 235 
 
 Dulciarii, 495 
 
 Duplicarii, soldiers, 374 
 
 Dupont's Disquisitiones, 268 and 27 1 
 
 Duumviri, municipiorum, 117 
 
 Eagles of the legions, 367 
 
INDEX. 
 
 595 
 
 Ear-rings, 456 
 
 Edicta, 262; perpetua, 191; why 
 so called, 194 ; their contents, 
 192 
 Edicta ^Edilitia, 192 ; fragments of 
 
 them extant, ib. 
 Edicts of the praetors described, 193 ; 
 was a new form drawn up by order 
 of Adrian? 194; heads of sub- 
 jects in them, 192 
 Edicts, provincial, 195 and 251 ; 
 different from the Urban edicts, 
 195 
 Edicts of the kings, 260 
 Education of children, 407 and 483, 
 
 etc. 
 Elatio, 485 
 
 Eloquent Romans, 412 
 Emancipatio, practice of, 87 ; modi- 
 fied, ib. 
 Empire, Roman, its geographical 
 boundaries, 8 to 37 ; its various 
 inhabitants, 51, etc. 
 Encaustum, 423 ; in drawing, 437 
 Engines, used at sieges, 372 
 Eningia, 18 
 Ennius, 409 and 411 
 Enuptio gentis, 82 
 Epirus, 22 
 
 Epulones septemviri, 323 
 Equestrian order, the, 135 ; of vari- 
 ous degrees of dignity, 138 ; see 
 Ordo 
 Equiria, 337 
 
 Equites, knights, 135 ; distinct from 
 the cavalry, 136 (cavalry, 364) ; 
 chosen from the wealthier citizens, 
 135 ; heavy armed cavalry, 364; 
 their troops, centuriae, 135 ; tur- 
 mae decunae, 365 
 Equuleus, 277 
 
 Equus publicus, 137 ; equo publico 
 merere, 364; equum traducere, 
 vendere, 139 
 Ergastula, 54 and 55 
 Eris, 299 
 
 Evander, 37, 297, 307, 308, 442 
 Evictio, 98 
 Evocatio, 198 
 Exauctoratio, 377 
 Exceptores, 240 and 425 
 Excusatio munerum, 270 
 Expenditure, public, of the Roman 
 
 empire, 394, etc. 
 Extrispices, exta, 321 
 
 Fabiani, 327 
 
 FabiusPictor, 401, 411 
 Facere, to sacrifice, 333 
 Factio forensis, 
 Falsum, 264 
 
 Familiae, gentes, etc., 491 
 Familiae, of gladiators, 351 ; of ser- 
 vants, 54, 493, 494 
 Familiae emptio, 103 
 Famosi libelli, 192 
 Fana, 330 
 Far, 379 
 Fasces, 185, 186 
 Fasciae, for the legs, 454 
 Fasti, 334 ; a poem of birds, ib. 
 Fasti capitolini, 426 
 Fatua, an idol, 308 
 Faunalia, 336, 346 
 Faunus, 308 
 Favete Unguis, 333 
 Fax nuptialis, 478 ; funerea, 488 ; 
 inter utramque facem, 488, notes 
 Feasts, epulae, of different kinds, 
 468 ; sacred, 323, 331, 345 ; af- 
 ter funerals, 488 ; private feasts, 
 465 
 Februa, februatio, februarius, 336 
 Feminalia, 453 
 Feriae Latinae, 204 ; sementivae, 335 ; 
 
 see Festa 
 Feronia, 283 
 Festa, festivals, 334 ; different kinds 
 
 of, 334 
 Festivals throughout the year, 335 
 Festivals, see those of every idol un- 
 der the name of the idol, as Mars, 
 etc. 
 Fetiales, 323 
 Fibula, 368, 456 
 Fictores, 329 
 Fideicommissarius, 110 
 Fideicommissum, 110; origin of it, ib. 
 Fides, an idol, 285 
 Figures, embossed, 434 ; engraved, 
 
 435 
 Fines, multa, paid in cattle, com- 
 pounded for, 118; sources of pub- 
 lic revenue, 390 
 Finnland, 18 
 
 Fire kept burning in the temple of 
 Vesta, 325 ; if extinguished how 
 rekindled, ib, ; and how visited on 
 the vestals, ib. 
 Fiscus,391 and 393 
 Fish, considered as delicacies, 466 
 Fistula, 444 
 
 Flamen Martialis, Quirinalis, et Fla- 
 men Caesarum, 324 
 
 Qq2 
 
596 
 
 INDEX. 
 
 Flamines, 324 ; F. Dialis, ib., and 
 
 477 
 Flaminia domus, 324 
 Flaminia, 324 
 
 Flammeum, the bridal veil, 477 
 Flammulae, 367 
 Flexumines, 364 
 Flora, 312 
 
 Fcederatae civitates, 122 
 Foenus, 284 
 Follis, a ball. 474 
 Fontinalia, 344 
 Fordicidia, 338 
 Foreigners, their condition at Rome, 
 
 108 and 113 
 Forfex, an order of battle, 371 
 Formula provinciae, 243 
 Formula praetoris, 195 
 Formulae in lawsuits, 271, 271 l , see 
 
 Legis actiones 
 Fornacalia, 336 
 Fortuna, an idol, 316 and 322 
 Fortuna muliebris, 341 ; virilis, 340 
 Forum, 471; meaning of the word, ib. 
 Forum at Rome, 48 ; used in names 
 
 of places, 126, note 
 Fossa, of camps, 369 
 Fratres arvales, 323 
 Frigidaria, 472 
 Frontinus, 418 
 Frumenta, grain, 379 
 Frutis, 299 
 Fucus, 457 
 Fugitivarii, 55 
 Fulmen condere, 321 
 Funambuli, 354 
 Fundulae, 46 
 Funeral rites, 485, etc. ; variously 
 
 performed, 490 ; expenses of them, 
 
 490 ; coerced by law, ib. ; time 
 
 of celebrating, 488 
 Furca, Furcifer, 55 
 Furinalia, 341 
 Fustuarium, 377 
 Fusus, spindle, 382 
 
 Gaetulia, 36 
 
 Galatia, 38 
 
 Galeritus, 318 
 
 Galli, priests, 328 
 
 Gallia, 10; Cisalpina, ib. and 66 
 
 Galliambi, 328 
 
 Gambling, 475 
 
 Games, of the duodecim scripta, 
 
 475 ; at tali and tesserae, 475 
 Games, public, celebrated by the 
 
 aediles, 210 ; see Ludi 
 
 Gardens, 379 ; on the roofs of build- 
 ings, 462 
 
 Gates of Rome, 47 ; of camps, 369 
 
 Gellius, 415 ; his opinions concern- 
 ing the municipia discussed, 116 
 
 Gems, antique, of different kinds, 
 436 ; embossed and engraven, 434, 
 435 
 
 Gems, on rings, 435 
 
 Gemma bibere, 435 
 
 Genius, 305 ; genio indulgere, ib. ; 
 genii focorum, 314 
 
 Gentes Romance, 491 ; patrician and 
 plebeian houses, 80 and 81 ; how 
 intermixed. 81,91, 131 
 
 Gentiles, gentilitas (clanship), 131 ; 
 order of succession, 106 
 
 Geography, Latin writers on, 418 
 
 Germany, 18 ; its inhabitants, ib. 
 
 Gestatio, 473 
 
 Gladiators, their training and classes, 
 351 ; held infamous, 352 
 
 Gnomon, of dials, 358 
 
 Governors of provinces, their general 
 depravity, 254 ; ruinous to their 
 provinces, 255 ; their power, 249 ; 
 restricted, 256; their courts and 
 suites, 247, 255 ; arrival in their 
 provinces, 248 ; departure from, 
 ib. ; honours paid them, 250; ex- 
 acted from their subjects, ib. 
 
 Governors of provinces brought to 
 account at Rome, 256 ; seldom 
 punished, ib. 
 
 Gradivus, 286 
 
 Greece, 19, etc. ; in a more limited 
 sense, 21 
 
 Grammar, the first instruction given 
 to boys, 484 
 
 Gratulatio, 331 
 
 Groves, sacred, 330 and 48 
 
 Gustatio, gustus, 464 
 
 Gymnasia, 49 and 471 
 
 Gypsum, used in modelling or cast- 
 ing, 432 ; for whitening slaves' 
 feet when on sale, 53 
 
 Hair-dressers, 457 ; hair formerly 
 worn long by the Romans, 455 
 
 Harpastum, 474 
 
 Haruspices, 321 and 333 ; different 
 from augurs, 321 
 
 Hasta, sign of an auction, 100 ; set 
 up at trials, 267 
 
 Hasta caelibaris, 478 
 
 Hasta ti, soldiers in the legions, 363 
 
 Hebdomas, a week, 358 
 
INDEX. 
 
 597 
 
 Hecate, 300 and 302 
 
 Hellas, 21 
 
 Helvetia, 10 
 
 Hercules, 285 and 307 ; H. Musa- 
 getes, ib. 
 
 Heirs, of different kinds, 107; of the 
 second and third rank, 108 
 
 Hermae, Hermathenae, 433 
 
 Hermodorus, 205, note; 261, note 
 
 Heroes, 307 
 
 Hibernia, 1 1 
 
 Hilaria, 337 
 
 Hills on which Rome stood, 41, etc. 
 
 Hinges, 460 
 
 Hircania, 34 
 
 Hispania, 9 
 
 Historia Augusta, 411 
 
 Historians, Roman, 411; fragments 
 extant, ib. 
 
 Histriaor lstria, 17 
 
 Histriones, 354 ; their dresses and or- 
 naments, 355 
 
 Histriones, mummers at funerals, 486 
 
 Holographum, 104 
 
 Homines novi, 132 
 
 Hours, the, 304 
 
 Hostia, 333 
 
 Hugo, de edicto, 194 
 
 Hydraulic engines, 444 
 
 Hymen, Hymenaeus, 478 
 
 Hypocausta, 461 
 
 Iberia, 9; in Asia, 33 
 
 Idolatry of the Romans, 279, etc.; its 
 early state, 279 to 28 1 ; subservient 
 to political purposes, 281 ; blended 
 with that of the Greeks, 280 
 
 Idols, of the Romans, their classifica- 
 tion, 282 and 289 ; earliest, 282 ; 
 foreign 282 and 288 ; Egyptian, 
 306 ; Samothracian, 288 ; see par- 
 ticulars under their several titles. 
 
 Idumea, 32 
 
 Idus, ides of months, 358 
 
 Ilicet, a form, 488 
 
 Illyrian islands, 17 
 
 Illyricum, 17 
 
 Illyris Graeca, 17 
 
 Imaginum jus, 132, 209, 486 
 
 Immolare, 333 
 
 Impedimenta, baggage, 368 
 
 Imperator, a title, 222 ; imperator 
 salutatus, 375 
 
 Imperium, 183 
 
 Implements of husbandry, 379; for 
 writing, 423 
 
 Impluvium, 315 
 
 Impolitiae nota, 139 
 
 Incantations, 316 
 
 India, 34 
 
 Indictio, a tax, 392 
 
 Indigitamenta, 272 
 
 Indusium, 452 
 
 Inferi, dii, 313 
 
 Ink, 423 
 
 Inofficiosum, 106 
 
 Inscriptions, 425 ; some of the most 
 ancient, 426 ; on coins, 427 ; on 
 on the columna rostrata, 426 
 
 Inscriptus, applied to slaves, 55 
 
 Insignia, of aediles, 209 ; censors, 
 199 ; consuls, 186 ; of the dicta- 
 tors, 202 ; of the knights, 137 ; of 
 the magister equitum,204 ; of the 
 praefectus praetorio, 225 ; of the 
 praetors, 195; quaestors, 211; of 
 the kings, 185 ; of great officers of 
 the empire, 237 
 
 Insignia of patricians and of sena- 
 tors, 131 and 176 
 
 Insitio, 379 
 
 Instruments, musical, 368 and 443 ; 
 of torture, 277 
 
 Insulae, ranges of buildings, 46 and 
 495 
 
 Intercalation, 356 
 
 Intercessio, 207 
 
 lntei rex, 200 
 
 Intestatus, ab intestato, 106 
 
 Intonsus, applied to early Romans, 
 455 
 
 Ionia, 26 ; Ionium mare, 23 
 
 Iris, 296 
 
 Irrogatio pcenae, 275 
 
 lsis, 306 
 
 Islands of the ./Egean and Ionian 
 
 seas, 23 and 30 ; British, 11 
 Island in the Tiber, 41 
 Italy, ancient, 12; its earliest in- 
 habitants, 396 ; its depopulated 
 state, 378 
 Ithyphallus, 310 
 
 Itineraries, 118; of Antoninus Au- 
 gustus, ib. 
 Ivory, workers in, 432 ; Phidiacum, 
 ebur, ib. 
 
 Jactus, at dice, 475 
 Janitor, 494 ; Janitrix, 495 
 Janus, 287 ; on coins, 427 
 Judges, 267, etc. ; in private suits, 
 
 267 ; in public or state trials, 269 
 Judges, one or more appointed to 
 
 try lighter cases, 268 ; particu 
 
598 
 
 INDEX. 
 
 lars concerning the appointment 
 
 of, 270 ; excused from serving, 
 
 270 
 Judicatum solvere, 274 
 Judices selecti, 268 
 Judices quaestiorum, 265 
 Judicia praetorum, 196, see under 
 
 Trials, Courts of Law 
 Judicis postulatio, one of the legis 
 
 actiones, 27 l b 
 Judicium centumvirale, 195 and 267 
 Judicum sortitio, 270 
 Jugerum, an acre of land, 588 
 Jugum, subjugum mittere, 377 
 Jugum, in weaving, 382 
 Juniores et seniores, 145 
 Juno, 296 ; regina, moneta, ib. 
 Juno Caprotina, 341 
 Jupiter, 290 
 
 Jurare, in leges, 184; in verba, 362 
 Jurisconsulti, 421 
 Jurisdictio, 183 and 249 
 Jurisprudence, studied at Rome, 
 
 401 and 421 
 Jus ^lianum, 271 k 
 Jus Flavianum, 271 h ; Italicum, 121 ; 
 
 papirianum, 272 ; quiritium, 70 ; 
 
 how this differed from the rights 
 
 of citizenship, ib. 
 Jus Latii, in what it consisted, 125 
 Jus trium liberorum, 88 and 270 
 Jus fetiale, 323 
 Jus dominii legitimi, 93 ; libertatis, 
 
 71, etc.; census, 73; connubii, 
 
 82 ; gentilitatis, 80; patrium, 83; 
 
 honorum,77; imaginum, 132,209, 
 
 486; suffragii, 228 and 229; sa- 
 
 crorum, 78 and 79; tributorum, 
 
 76; militia?, 76; tutelae, 112 
 Jus pontificium, 318; praetorium, 
 
 scil. honorarium, 191 
 Jus, in jus rapere, 273 
 Justice, administration of, 263, etc. 
 Juturna, juturnalia, 288 
 
 Keys, 460, 482 
 
 Kings of Rome, 185; their power, 
 ib.; judges, 267 ; their insignia, 
 185, 260; their admirable quali 
 ties, 398 
 
 Laberius, 409 
 Laborum, 367 
 Lacerna, 368 and 451 
 Lactarii, 495 
 Lacunar, 462 
 Lsna, 451 
 
 Lampadarii, 232 
 
 Lamps, 473 ; sepulchral, 489 
 
 Language, Latin, its origin, 403 ; its 
 ages, 405 ; early forms, 402 ; mo- 
 dified 404 and 415; compared with 
 the Greek, 404 ; requisite in wills, 
 104 
 
 Language, Greek, common at Rome, 
 406 
 
 Lanificium, 381 and 382 
 
 Lanista, 351 
 
 Laquear, 462 
 
 Lara, larunda, 314; lararium, ib. 
 
 Lares, 314 and 320 
 
 Largitio frumentaria, 395 
 
 Largitiones sacrae, 233 ; area larg., 
 ib. 
 
 Latercula, registers, 237 
 
 Latins, the, treaty between them 
 and the Romans, 124; suffrage 
 extended to them, 171 ; how mado 
 citizens of Rome, 126 ; Latins re- 
 sident in the proovinces, 124 
 
 Latini juniani, 63 ; see Jus Latii, 
 126 
 
 Latinitas, 125 
 
 Latium, 13 and 122 
 
 Latrunculus, 475 
 
 Latumiae, 64 
 
 Lavatio matris deum, 337 and 206 
 
 Laws of the XII Tables, 205 and 
 260 ; whence procured, 261 ; dif- 
 ferent kinds of laws, 262 
 
 Laws, agrarian, 134 ; see Leges, Lex 
 
 Lecticarii, 473 and 490 
 
 Lectisternia, 331 
 
 Lectus feralis, 485 ; in the tricli- 
 nium, 468 
 
 Legacies, legatees, 109 
 
 Legati, of the legions, 366 ; in the 
 provinces, 247 
 
 Legatio libera, votiva, 247 
 
 Leges censoriae, 393 and 468 ; curi- 
 atae/154 and 260 ; sacratae, 71 ; 
 sumptuariae, 400 and 468 ; tabel- 
 lariae, 149 and 165 ; Juliae de 
 formulis, 27 l e 
 
 Leges solvere, 184 and 246 
 
 Legion, the Roman, 365 ; names, 
 complement, and divisions of le- 
 gions, 365 ; its commander and 
 subalterns, 366 ; its standards, 367 
 
 Lemnisci, 352 
 
 Lemures, lemuria, 339 
 
 Letters of the Latin alphabet, 469 ; 
 how many originally, 422 ; their 
 shapes, ib. ; modified, 428 
 
INDEX. 
 
 599 
 
 Letters, gold and silver, 423 
 
 Levana, an idol, 313 
 
 Leucadia, 21 and 23 
 
 Levies, 361 and 362 ; how made, 
 361 
 
 Lex JEbutia, 271 e ; ^Elia Fusia, 
 151 ; iElia Sentia, 64 ; annalis, 
 184 ; Aleria Tarpeia, 278 ; Aure- 
 lia, 269 ; Catanuleia, 82 ; Cincia, 
 101 ; Cornelia (de falsis), 264 ; 
 Falcidia, 109 ; Furia, 109 ; Fusia 
 Caninia,64; Horatia, 170; Hor- 
 tensia, 170; Julia, 66; Junia 
 Norbana, 63; 124 ; majestatis, 
 264 and 391 ; Ovinia, 174; Papia 
 Poppoea, 82, 88, 391, 481; Pe- 
 tillia, 73 ; Plotia, 66, 269 ; Por- 
 cia, 71 ; Publilia, 170 ; Regia, 
 220; Valerii Publicolae, 71 and 
 201 ; Voconia, 109. 
 
 Liba, 477 
 
 Libanus, Lebanon, 31 
 
 Libatio, 333 
 
 Liber, see Book 
 
 Liber, 303 ; liberia, 302 and 303 ; 
 liberalia, 337 
 
 Liberty of the Roman people, 71 and 
 74 
 
 Liberti, libertini, 51 ; became the 
 clients of those who manumitted 
 them, 64 ; ungrateful, ib. 
 
 Libitina, 299 and 313 
 
 Libra, a weight, 386 
 
 Librarii, 424 
 
 Libraries at Rome, 408 
 
 Libripeus, 97 
 
 Liburnia, 17 
 
 Lybia, 35 
 
 Lictors, 186 and 217 
 
 Littera salutaris, tristis, 277 
 
 Litterati, litteratores, 407 ; officiates, 
 240 
 
 Litteratus, servus, 55 
 
 Litura, 423 
 
 Lituus, 308' and 444; of augurs, 
 320 
 
 Livius, 279 ; Livius Andronicus, 409 
 
 Locris, 21 
 
 Locaria, 336 and 341 
 
 Luceres, 142 
 
 Lucretius, 417 
 
 Lucullus, 408 
 
 Ludus, a school, 407 
 
 Ludi, public games of different 
 kinds, 347; circenses, 348 and 
 349; gladiatorii, 350 to 353, and 
 488 ; their origin, 350 ; for ap- 
 
 peasing the Manes, ib. ; sacred to 
 
 Saturn, 301 
 Ludi Apollinares, 341; magni, 
 
 343 ; martiales, 342 ; plebeii, 345 
 Luna, 304 ; lunus, ib. 
 Lunula, worn by patricians, 131 and 
 
 454 
 Lupercal, 308 and 327 ; Lupercalia, 
 
 327 and 336 
 Luperci, 327; Julii,ib. 
 Lusitania, 9 
 Lustralis collatio, 392 
 Lustratio, 332, of the temple of 
 
 Vesta, 340 
 Lustrum, 145 
 
 Luxury, 259 ; of the table, 467 
 Lydia, 26 
 Lydus, a writer, 230, 239, 183, 
 
 note 
 Lyre, the, 44 
 
 Macedonia, 24 
 
 Macrobius, 415 
 
 Mactare, 333 
 
 Magi, 316 
 
 Magister equitum, 204; militum, 
 232 ; in przesenti, ib. 
 
 Magister officiorum, 233 ; scrinio- 
 rum,235; lines vestis, 233; pub- 
 licanorum, 393 
 
 Magistrates, 183, etc. ; originally 
 patricians, 130; earliest, 185; 
 were they priests 1 183 
 
 Magistrates, of different kinds, 183; 
 curule, ib. ; annual, 184 
 
 Magistrates, elected by the people, 
 184 and 226; how appointed un- 
 der the emperors, 228 ; had they 
 salaries 1 254 and 394 
 
 Magistrates under the emperors, 223 
 
 Magistrates of the colonies, 120 and 
 216 ; of municipal towns, 117 
 
 Majestatis crimen, 264 and 391 
 
 Malacca, 34 
 
 Manceps, mancipalio, mancipium, 
 51 and 97 
 
 Magna mater, 306 
 
 Manipuli, in a legion, 365 and 367 
 
 Manu gubernare, 260; in manum 
 convenire, 479 
 
 Manus injectio, 271 ; manu con- 
 sertum, 271 a . 
 
 Manulea, 449 and 456 
 
 Manumissio, forms of, 57, etc. ; dif- 
 ferently described, 57 
 
 Manumissio justa, 57 ; minus justa, 
 60 and 61 
 
600 
 
 INDEX. 
 
 Manumission, its effects, 63 ; re- 
 stricted by law, 64 
 
 Manuscripts, ancient Latin, 428 and 
 429 ; most ancient, 429 ; tests of 
 their antiquity, 428 
 
 Manuscripts, palimpsesti, 428 
 
 Mappa, 469 
 
 Marbles for sculpture, 432 
 
 Mare Ionium, 23 ; inferum, supe- 
 rum, 13 
 
 Martial authority, 479 
 
 Marmarica, 35 
 
 Marriage, 82 and 476, etc. ; diffe- 
 rent kinds of, 477 ; rites of, 477 
 and 478; its rights, 479; of pa- 
 tricians with plebeians, 82 and 
 131 
 
 Mars, an idol, 292 ; two of the 
 name at Rome, 286 ; his priests, 
 326 
 
 Marsextramuraneus, 286 and 340 
 
 Martianus Capella, 415 
 
 Masks, worn by actors, 355 
 
 Masurius Sabinus, 421 
 
 Mater Deum, 328 
 
 Materfamilias, 479 
 
 Mathematics, Latin writers on, 418 
 
 Matralia, 340 
 
 Matrimi, 326 
 
 Matrons, 479 
 
 Matronalia, 337 
 
 Matuta, 340 
 
 Mauritania, 36 
 
 Mausolea, 50 
 
 Measures, used by the Romans, 388 
 
 Media, 34 
 
 Medical writers, 420 
 
 Meditrinalia,343 
 
 Megalesia, 306 and 338 
 
 Megaris, 21 
 
 Membranae, parchments, 423 
 
 Mephitis, an idol, 313 
 
 Mercenarii, 360 
 
 Merchants, companies of, 383 
 
 Mercuriales, 383 
 
 Mercury, 294 
 
 Merenda, 464 
 
 Mesopotamia, 32 
 
 Metae, in the circus, 348 
 
 Metals, used for casts, 432 
 
 Methods of warming rooms, 461 
 
 Micare digitis, 475 
 
 Microscopes, whether used by an- 
 cient engravers, 436 
 
 Milestones, 48 and 388 
 
 Military service among the Romans, 
 360; poorer citizens excluded from 
 
 it, 144 ; age requisite for, 361 ; 
 advantages of, 375 
 
 Militia civilis, 240 and 366 
 
 Mimica, 446 
 
 Mimi, 354, 409 
 
 Minerva, 298 
 
 Mines, source of revenue, 390 
 
 Minguet, a writer, 80 
 
 Missio, discharge, 375 
 
 Mitra, 456 
 
 Modius, a measure, 388 
 
 Mcesia, 24 
 
 Money, 46, 296 
 
 Monile, 456 
 
 Mons sacer, 206 
 
 Monuments, at Ancyra, and else- 
 where, 426 
 
 Morals, under the care of the cen- 
 sors, 197 ; of the Caesars, 199, 
 222 ; of the aediles,210 
 
 Morbus comitialis, 149 
 
 Moriones, 354 
 
 Mosaics, 462 
 
 Mulciber, 293 
 
 Mundus, 345 
 
 Municipes,munic'pia, 115, 116,65; 
 their rights, 115; laws, 116; ma- 
 gistrates, 117 
 
 Municipal towns in the provinces, 
 118 
 
 Munera gladiatoria, manus edere, 
 350,351 
 
 Murcia, 43 
 
 Muses, the, 307 
 
 Music, Grecian, common at Rome, 
 443 
 
 Music, meaning of the word, 442 ; 
 at feasts, 470 ; at sacrifices, 329 
 
 Music, military, 368 
 
 Myrrhina vasa, 432 ; e myrrha bi- 
 bere, ib. 
 
 Mysia, 26 
 
 Mythology, Latin myths, 416 
 
 Namia.486 
 
 Narrative writers, Latin, 413 
 
 Nai!, driven into the temple wall by 
 
 the dictator, 201 and 343 
 Names of men, 491 ; how many were 
 
 usual at first, ib. ; of women, 492 
 Namesderived from natural blemishes 
 
 and from plants, 492 
 Names, lucky ones, 361 
 Natural history, Roman writers on, 
 
 419 
 Naumachia, 49 
 
INDEX. 
 
 601 
 
 Naval battles, 373; first on record, 1 
 
 ib. 
 Navigation, 385 
 Neptune, 29 1; confounded ithCon-| 
 
 sus, 284 
 Neptunalia, 341, 345 
 Neptunus equester, 284 
 Nexus, 72 
 Niebuhr, his opinion concerning the 
 
 proletarii, 141 ; and the luceres 
 
 142 
 Nomenclator, 184, 495 
 Nona?, 358 ; caprotinae, 341 
 Noricum, 17 
 Nota censoria, 198 
 Notae, abbreviations in writing or ste- 
 nography, 422 ; used by Seneca 
 
 and Tiro, ib. 
 Notarii, 235, 237, 240, 384, 424 
 Notitia dignitatum utriusque imperii, 
 
 230, 418 
 Novacula, 455 
 Novendiale, 488 
 Novensiles, 307 
 Nuces spargere, 478 
 Numa, the founder of religion at 
 
 Rome, 280 
 Numidia,36 
 Nummo addicere, 97 
 Nummi, see Coins 
 Nummularii, 215 and 384 
 Nundina, an idol, 483 
 Nundinae, 159 and 358 
 Nymphaea, 50 
 Nymphs, 300 and 313 
 
 Oases, 35 
 
 Obelisks, 50 
 
 Obnuntiatio, 150 
 
 Obsecratio, 331 
 
 Obsonator, a servant, 495 
 
 Occupatio, 99 
 
 Odours burnt at sacrifices, 333 ; used 
 
 at funerals, 487 
 Officia, offices, attached to the palace, 
 
 233 and 395 
 Officiates, 239 ; literati, 240 
 Omens, 319 
 Onyx, Sardonyx, 436 
 Opisthographa, 424 
 Ops, opalia, 306 
 Optimates, 146 
 Orators, 412 
 Orchestra, 176 and 350 
 Order of battle, of various kinds, 3? 1 
 Ordo equester, 135 ; census requisite, 
 
 and inspection, 139 ; their insignia 
 and privileges, 137 ; how disgraced, 
 139 
 
 Ordo senatorius, see Senators 
 
 Ortus servilis, 52 
 
 Oscines,320 
 
 Osiris, 306 
 
 Ossilegium, 487 
 
 Ovatio, 376 
 
 Ovile, 166 
 
 Ox, image of an, on coins, 242, 386 
 
 Paedagogus, 484 and 491 
 
 Paenula, 451 
 
 Paganalia, 143 and 145 ; Pagani, 
 143 
 
 Paganica, pila, 474 
 
 Pagi, of Rome, 143 
 
 Painters, celebrated Greek, 439 
 
 Painting, 437, etc. its original use 
 at Rome, 439 ; brought to perfec- 
 tion by the Greeks, 437 ; on ivory 
 and in wax, ib. ; on ceilings, vases, 
 and on linen, 438 ; on tapestry, 
 382 ; in mosaic, 438 and 462 
 
 Palaestina, 32 
 
 Pales, 312; palilia, 338 
 
 Palladium, 288 and 298 
 
 Palliati, 450 
 
 Palma, a measure, 388 
 
 Palma, the reward of conquerors, 
 352 
 
 Paludamentum, 451 
 
 Palus, 369 ; ad palum exercere, 
 370 
 
 Pan, 308 and 327 ; priests of, ib. 
 
 Pandects, the, 421 
 
 Panegyrics, 412 
 
 Pannonia, 17 
 
 Pantomimus, 354 
 
 Paphlagonia, 28 
 
 Papyrus, 423 
 
 Hapavvfupoi, 478 
 
 Parasiti, 464 
 
 Par, impar, odd and even, a game, 
 475 
 
 Parricides, punishment of, 278 
 
 Parthian empire, 34 
 
 Passus, a measure, 388 
 
 Pastures, public, 390 
 
 Patellarii dii, 315 
 
 Pater fiduciarius, 87 
 
 Pater patratus, 323 
 
 Paternal authority, 83, 84, 85, 86 
 
 Patricians, their rights, origin, and 
 origin of the name, 129, etc. ; the 
 patrons of the plebeians, 140 
 
602 
 
 INDEX. 
 
 Patricians, their condition under the 
 emperors, 131 ; a new class of, 
 ib. 
 
 Patricians, majorum et minorum gen- 
 tium, 130 
 
 Patrimi et matrimi, 326 and 479 
 
 Patronage, patrons and clients, 140, 
 412, and 64 ; see Clients 
 
 Pavements, 462 
 
 Pay, when first given to Roman sol- 
 diers, 374 ; its amount, ib. ; that 
 of the allies, ib. 
 
 Pearls, 475 
 
 Pecten, 444 ; used in weaving, 382 
 
 Peculatus, 264 
 
 Peculium, 56; of a son, 85 
 
 Pedarii, senators so called, 177 
 
 Pedites, infantry, 363 
 
 Pelles, miles sub pellibus, 370 
 
 Pellex, 481 
 
 Peloponnesus, 19 
 
 Penates, idols, why so named, 315 ; 
 brought by ^Eneas into Latium, 
 ib. ; placed usually in the com- 
 pluvium, 459 
 
 Pencils, 423 and 437 
 
 UevraOXov, 349 
 
 People, the Roman, discords among 
 them, 398 ; their rights and in- 
 fluence, 146, 147, 171, 184 ; under 
 the emperors, 226, 228 
 
 People, classification of, 128 ; into 
 classes and centuries, 144 j into 
 tribes and centuries, 142 
 
 Perduellio, 157 and 166 
 
 Peremnia, auspicia, 320 
 
 Pergulae, 407 
 
 Period, the Julian, 392 
 
 Perones, shoes, 454 
 
 Personae, see Masks, 355 
 
 Persia, 34 
 
 Pertunda, an idol, 313 
 
 Pessulus, a bolt, 460 
 
 Petasus, 454 
 
 Petitor, 266 and 273 
 
 Petronius, 413 
 
 Phalerae, 375 
 
 Philosophers, Roman, 417 
 
 Philosophy, its study at Rome, 405 
 and 417 
 
 Philters, 316 
 
 Phocis, 21 
 
 Phcenice 31 
 
 Phrygia, 27 
 
 Pignora caedere, 182 
 
 Pignoris capio, 27 l e 
 
 Pilani, in the legions, 363 
 
 Pileus, 354 ; ad pileum vocare, 62 ; 
 
 pileatus, 54 
 Pilumnus, 309 
 Pinarii, 328 
 Pistores, 495 
 Pistrinum,55 
 
 Places, religious, 94 ; sacred, 330 
 Plagium, plagiarius, 264 
 Plastica ars, 431, etc. 
 Plautus, 409 
 
 Plebs, derivation of the term, 129 
 Plebeians, their condition, 133, 134 ; 
 poverty, ib. ; exclusion from ho- 
 nours, 77, 133; their baseness, 
 400 
 Plebiscita, 262 
 Plectrum, 444 
 Pliny, the elder, 418, 419 
 Plotius Gullius, 412 
 Plunder, 390 ; see Spolia 
 Pluto, 302 
 Podium, 176, 348 
 
 Poetry, Latin poets, 109 and 410 ; 
 bucolic and didactic, 410; dra- 
 matic, 353, 409 ; epic, 409 ; ele- 
 giac, epigrammatic, lyric, and sa- 
 tyric, 410 ; sacred, 409 
 Pollicem premere, vertere, 352 
 Pollinctores, 485 
 Pomcerium, 45 
 
 Pomona, 311; flamen pomonalis, 324 
 
 Pomp displayed in funerals, 486 ; in 
 
 triumphs, 376 ; by governors of 
 
 provinces, 248 
 
 Pons sublicius, 47, 318 ; triumpha- 
 
 lis, 376 
 Pontes, ad septa, at polling-booths, 
 
 166, 171 
 Pontifex Maximus, 318, 326, 476, ; 
 elected by the people, 148 ; see 
 Priests 
 Populifugia, 341 
 Porticoes, 459 
 Porticus, 49 and 441 
 Portorium, a tax, 390, 391 
 Portumnalia, 342 
 Portumnus, 313, 342 
 Postliminium, 68 
 Potitii, 328 
 
 Power, civil and military, 183 ; ju- 
 dicial, 195 
 Praedium, 98 
 Praediorum servitutes, 98 
 Praes, bail, 275 ; see Vas. 
 Praefectura praetorii, 201, 225, 231 ; 
 Urbis, 204 to 224; morum, 
 222 
 
INDEX. 
 
 603 
 
 Praefecturae, cities so termed, 126, 
 notes 
 
 Praefectus Augustalis, 235 ; annonse, 
 216; classi, 373; praetorio, 204, 
 231 ; urbi, 204 ; under the em- 
 perors, 224; prne. thesaurorum, 
 233 ; vigilum, 215 
 
 Praefice, 486 
 
 Praeludere, 352 
 
 Praepetes, said of birds, 320 
 
 Praesides, 236 
 
 Praesul, 326 
 
 Praetexta, 318, 450 
 
 Praetor Maximus, 190; urbanus, ib.; 
 peregrinus, ib. 
 
 Praetorium, the, in camps, 369 
 
 Praetors, 190, etc. ; meaning of the 
 term, 190; cause of their appoint- 
 ment, ib. ; their insignia, 195 ; 
 power, 183; edicts, see Edicts; 
 abuse of power, 193 ; number of, 
 190, 196 
 
 Praetors, at public trials, 263, 264 
 
 Praetors, their condition under the 
 emperors, 196 
 
 Prandium, 464 
 
 Prehensio, 183 
 
 Priapus, 288, 310 
 
 Priests, 318; had the ordering of 
 the calendar, 356 
 
 Primicerius, 233 ; notariorum, 235 
 
 Principes legionis, 363 
 
 Principia, in a camp, 369 
 
 Principium, title of one century io a 
 tribe, 153, 171 
 
 Princeps, a title of the emperors, 
 221,222 
 
 Princeps juventutis, 139 
 
 Princeps senatus, 175 
 
 Probatoriae, 240 
 
 Procedure, mode of proceeding at 
 law, 171, etc. 
 
 Proconsul of the Eastern empire, 
 235 
 
 Proconsuls, of different kinds, 245 
 
 Proconsulship of the emperor, 222 
 
 Procuratores, in trials, 272 
 
 Procuratores, officers in provinces, 
 259 
 
 Procuratores, servants, 494 
 
 Prodigia procurare, prodigiatores, 
 321 
 
 Proletarii, 144, 27 l e 
 
 Promulsis, 464 
 
 Propraetor, 244 
 
 Proquaestor, 213, 249 
 
 Prosecta, prosiciae, 333 
 
 Proserpina, 302 
 
 Proteus, 311 
 
 Ilporofiai, busts 
 
 Protocollum, 424 
 
 Provincia, derivation and meaning 
 
 of the word, 243 
 Provincia insularum, 30 
 Provinciae forma, 243, 251 
 Provinciae Caesarum, 257 ; Senatus, 
 
 257, 245 ; Italiae, 243 
 Provinciam ornare, 246 
 Provinces, various conditions of, 251 ; 
 
 laws of, ib. ; taxes and tribute 
 
 derived from, 252, 253 ; tyrannical 
 
 conduct of their rulers, 254, 255 ; 
 
 their administration modified, 257; 
 
 see Governor 
 Provinciales, 122 
 Provocatio, 71 
 
 Psalterium, 444 ; psaltiiae, 470 
 Publicani, 137,252,380 
 Pullarii, 320 
 Puis, 463 
 Pulvinar, 331 
 Pumice stone employed in polishing 
 
 parchment, 423 
 PunctasufFragiorum, 165 ; omne tu- 
 
 lit punctum, ib. 
 Pupillage, pupillus, 112 
 Puteal Libonis, 195 
 Pyra, the funeral pile, 487 
 Pyrrhic dance, 446 
 
 Quaestio, see Torture 
 
 Quaestiones, benches of judges, 196, 
 264 
 
 Quaestores urbani, their duties, 212, 
 303 
 
 Quaestores provinciales, 212, 247, 
 249; their connection with the go- 
 vernors of provinces, 249 
 
 Quaestores parracidii, 263 
 
 Quaestores palatii, caudidati, 214 
 
 Quaestors, their office under the em- 
 perors, 212; in the provinces, 259 
 
 Quaestors, meaning of the term, 212 ; 
 origin of the office, 211 
 
 Quinarius, a coin, 387 
 
 Quindecimviri sacris faciendis, 322 
 
 Quinquatria, 337, 340 
 
 Quinquennales, 117; games so dis- 
 tinguished, 347 
 
 Quinquestium, 349 
 
 Quintilii, 327 
 
 Quirinalia, 336 
 
 Quirinus, an idol, 286; a name ap- 
 applied to Mars and Romulus, 292 
 
604 
 
 INDEX. 
 
 Radius, used by weavers, 382 
 
 Ramnenses, 142 
 
 Recuperatores, 268 
 
 Rediculus, an idol, 313 
 
 Rcfractarii, 361 
 
 Reges, clientum, 141 
 
 Regisfuga, 336 
 
 Rei squalor, 277 
 
 Relief, figures in, 434 
 
 Repetere res, 323 
 
 Repotia, 478 
 
 Republic, Roman, or consular go- 
 vernment, 146, 399, 400 
 
 Repudiare, 482 
 
 Res mancipi, 97, see Property 
 
 Rescripta principium, 262 
 
 Respondere de jure, 140, 271 
 
 Responsa prudentum, 262 
 
 Respublica, see Constitution and Re- 
 public 
 
 Reus, 265, 275, 276, 277 
 
 Rex sacrificulus, 318, 323 ; rex con- 
 vivii, 464 
 
 Rhaetia, 17 
 
 Rhea, 306 
 
 Rhetoricians at Rome, 414 
 
 Rhodes, 30 
 
 Rights of Roman citizens, 65, 70, 
 80; see Jus, Jura 
 
 Rites, sacred, 331 
 
 Robigo, Robigalia, 338 
 
 Rogatores, 166, 171 
 
 Rogus, pyra, 487 
 
 Roma, an idol, 39 
 
 Romans, their good-luck, 398 ; natu- 
 ral disposition of, 399, roughness 
 of temper, 396,397 ; unjustly laid 
 laid to their charge, 399 , their 
 good qualities and frugality, 397 ; 
 corrupted, 400; their vices, 399 ; 
 their domestic life, 471 
 
 Romans naturally prone to war and 
 averse to literary pursuits, 360, 
 370, 396 ,397 
 
 Rome, its origin and founder, 37, 
 38 ; its site, 41 ; names, 38 ; its 
 secret name, 39 ; its circumference 
 and magnitude, 41 to 45 ; topo- 
 graphy and population, 45 ; hills 
 on which it stood, 40 ; bridges and 
 public buildings at, 47, etc. 
 
 Rome, its earliest inhabitants, 40, 
 396 
 
 Rome, burnt by Nero, 458 
 
 Romulus, 37 ; worshipped, 286,307 
 
 -Rostra, of ships, 373 
 
 Rostra in domo Pompeii M. 375 
 
 Roth, a writer, 115 
 Routine of life at Rome, 471 
 Rowers, their officers, 373 
 Rubrum, red ink, 423 
 Rude donare, 352 
 Rudiarii, 352 
 Rudis, 351 
 Rufuli, 366 
 
 Sabines, the, united to the Romans, 
 491 
 
 Sabines, rape of the, 342 
 
 Sacerdotes, see Priests of different 
 ranks, 317 
 
 Sacra privata, gentilitia publica, 78 ; 
 see Rites 
 
 Sacramentum, 271 a 
 
 Sacramentum militare, 362 
 
 Sacrifices, rites observed at, 333 ; 
 originally bloodless, ib. 
 
 Sacnricium novendiale, 329 
 
 Sagmina, 95 and 323 
 
 Sagum, 459 ; ad saga ire, 368 
 
 Salii, carmen saliare, 326 
 
 Salvius Julianus, drew up the Edic- 
 tum Praetorium, 194 
 
 Sambuca, sambucistria, 444 
 
 Sanates, in the first of the XII Tables, 
 note 10, $261 
 
 Sancus, an idol, 285 and 307 
 
 Sandals, 454 
 
 Sandapila, pilarius, 490 
 
 Sarcina, soldiers' baggage, 368 
 
 Sardinia, 16 
 
 Sarmatiae, 25, Asiatica 33 
 
 Sarta tecta exigere, 198 
 
 Satire, 353 
 
 Saturnalia, 346 
 
 Saturn, 301 
 
 Satyrs, 308 
 
 Savigny, a writer, his opinion of the 
 jus Italicum, 123 ; of the prefec- 
 tures, 126; of the centuries, notes 
 on 163 
 
 S. C. on coins, 427 
 
 Scaevola, the name of several coun- 
 sellors, 421 
 
 Scalptura, carving, 431 
 
 Scandinavia, 18 
 
 Scapus, part of a pillar, 441 
 
 Scena, 350 and 355 
 
 Schlegel, a writer, 292 ; his Ars 
 Graecorum, 437; Dram. Kunst, 
 355 
 
 Scholar, of public offices, 233 
 
 Scholae, of counsellors, 421 
 
 Scholar, 407 
 
INDEX. 
 
 605 
 
 Scholiasts, 415 
 
 Schulze, a writer, his opinion con- 
 cerning the centuriae, notes on 
 163 
 Scorpio, 372 
 Scotia, 11 
 
 Scribae, 217 and 380 
 Scribonius Largus, 420 
 Scrinia, of clerks in public offices, 
 
 233 and 235 
 Scriniorum magistri, 245 
 Scripturaagri publici, 390 
 Sculponeae, 454 
 Sculptors, celebrated, 439 
 Sculpture, 431 
 Scythians, 34 
 Seals, 435 and 104 
 Seal ring, 457, 435 
 Stflaorbc, 222 
 Secespita, 330 
 Secession of the plebs, 206 
 ILuaaxQeia, at Athens, 73 
 Sella curulis, 183 
 Sellisternia, 331 
 Semis, semisses, 386 and 427 
 Semones, semo sancus, 307 
 Sempronius Proculus, 421 
 Senacula, 179 
 
 Senate, its power fluctuating, 177 
 and 229 ; state under the em- 
 perors, ib. ; authority in the pro- 
 vinces, 246 ; and at the comitia, 
 229 
 Senate, origin of the Roman, 173 ; 
 plebeians admitted into it, 174 ; its 
 dignity, 178; time, 179; and 
 mode of deliberating, 180; its 
 presidents, 179 
 Senatores, majorum et minorum gen- 
 tium, 176; orcini,I73 ; pedarii, 176 
 Senators, originally exclusively patri- 
 cians, 129 and 130 ; by whom 
 elected, and on what grounds, 174; 
 their number, 173 ; qualification, 
 174 ; insignia, 176 
 Senators, titles given them under 
 
 the emperors, 229 
 Senatus legitimus, indictus, 179 
 Senatus-consulta, passed by a divi- 
 sion, 181 ; thwarted by the tri- 
 bunes, ib. ; where preserved, 182 ; 
 usual form of one passed in times 
 of imminent public danger, 187 
 Senatus-consultum Claudianum, 
 101; Pegasianum, 110; de im- 
 perio Vespasiani, 426 ; de Bac- 
 chanalibus, ib. and 328 
 
 Septa, polling booths, 166 
 Septimana, se'nnight, 358 
 Sepulchres, of different kinds, 489 ; 
 in Rome, in the Campus Martius 
 and by highways, 487 
 Seres, 34 
 
 Serenas Sammonicus, 420 
 Servare de coelo, 151 
 Servitutes, 98 
 Servus, meaning and etymology of 
 
 the word, 51 ; see Slaves 
 Servius Tullius, his plan of govern- 
 ment, 145 and 37 ; his laws, 
 260 
 Sestertius, a coin, 387 and 427 
 Sestertium, and mode of computing 
 
 sums, 387 
 Shell fish, 466 
 Ships, of war, transports, 373 ; 
 
 merchant, 385 ; parts of, ib. 
 Shops, of money-changers, 381 
 Sibyls, books of the, 306 ; oracles of, 
 
 322 
 Sicily, 16 
 Sieges, celebrated, 372 ; mode of 
 
 conducting, ib. 
 Siglaj, ciphers, 235, 271', 422 
 Signa, see Standards 
 Signare, resignare, obsignare, 104 
 Sil, a colour, 437 
 Silenus, 308 
 Silentiarii, ushers, 233 
 Silentium esse videtur, 150 
 Silicernium, 488 
 Sines, 34 
 
 Sinus Ambracius, 22 
 Sinus, of the toga, 450 
 Sistrum, 306 and 443 
 Siticines, 486 
 Slavery, origin and causes of, 51 
 
 and 52 
 Slaves, punishment of, 52 ; condition 
 of, 54 and 56 ; sales of, 53 ; 
 manumission, 57 ; names, 62 and 
 494 ; reckoned as property, 54 ; 
 excluded from the army, 56 and 
 360; employed as artisans and 
 agricultural labourers, 493 and 
 495 ; how they could inherit 107; 
 public slaves, 54 and 394 ; their 
 numbers at Rome, 493 
 Slippers, shoes, etc. 454 
 Soccus, 355 and 454 
 Socii, see Allies 
 Sodales Titii, 323 
 Sol, 304 
 Solidus, a gold coin, 387 
 
606 
 
 INDEX. 
 
 Solinus, 419 
 
 Sortire, sortitio, 164, 187, and 244 
 
 Spectio avium, de ccelo, 151 
 
 Specularia, 460 
 
 S^payic, 435 
 
 Spina, of the Circus, 348 
 
 Spoliarium, 352 
 
 Spolia, 390, 375 
 
 Sponsio, 476 
 
 Sponsa, see Bride 
 
 Sportula, 141 
 
 Stadium, 388 
 
 Standards, military, 213 and 367 
 
 Standard bearers, 366 
 
 Stationer, in camps, 369 
 
 Stativa castra, 369 
 
 Statues, of different kinds, 433; 
 painted, ib. ; of great men, 132 
 and 432 ; see Imagines, Busts 
 
 Stipendia facere, 362 
 
 Stipendium, of soldiers, 394 and 
 395 
 
 Stola, 456 
 
 Streets of Rome, 46, 48 
 
 Strenae, 335 
 
 Structor, a servant, 495 
 
 Stuck, author of the Antiq. Conviv. 
 469 ; see the Appendix 
 
 Stylus, used in writing, 423; in 
 sculpture, 425 
 
 Subscriptores, 276 
 
 Subucula, 452 
 
 Suburra, 46 
 
 Suffitrilum, 325 
 
 Suffitus, 333 
 
 Suffragii jus, 77, 228, 229; see 
 Votes 
 
 Suggestus coma?, 457 
 
 Sumen, 466 
 
 Summanus, 302 
 
 Suovetaurilia, 145 
 
 Superstitions in the idolatry of the 
 Romans, 316 
 
 Superstitious practices of other na- 
 tions forbidden, 79, 280; in- 
 troduced, 306 
 
 Supplicatio, 331,375 
 Supplicia, see Punishments 
 Sylla, thwarts the tribunes, 207; 
 augments the senate, 173 ; re- 
 vived its authority, 229 
 Sylvanus, 309 ; Sylvani, 308 
 Sylvia, a vestal, 292 
 Symposium, 470 
 Syria, 31 
 Syrinx, 444 
 Syrus, a writer of mimes, 409 
 
 Systems, musical, 443 
 
 Tabellae, used by voters, 149 and 
 165; at trials, ib. and 277; 
 votivae, 332 
 Tabellarius, 495 
 Tabernaculum capere, 160 
 Tabula Pentingeriana, 418 
 Tabula, a draught board, 475 
 Tabula?, the XII Tables, 205 and 
 261; restored, 261 ; collection of 
 fragments of, notes on 361 
 Tabulae novae, 73 ; votivae, 332 
 Tabulae censoriae, 393 
 Tabulae, deeds, nuptiales, 482 ; of a 
 
 will, 104 ; see Cera 
 Talassius, 478 
 Tali, games with, 475 
 Talio, 278 
 Taprobana, 34 
 
 Tarquinius Pr. 397 ; Sup. 398 
 Tdt-ig, 239 
 
 Tectorium, tectum, 462 
 Tela, in weaving, 382 ; telam per- 
 
 currere, notes on, 382. 
 Tellus, an idol, 304. 
 Tela, see Arma 
 Temples at Rome, 49 ; of Apollo, 
 
 408 ; parts of, 330 
 Templum, meaning and derivation of 
 
 the word, 330 
 Templum capere, 320 
 Tents, 370 
 Terence, 409 
 Terminalia, 336 
 Terminus, an idol, 283 
 Tesselated pavements, 462 
 Tesserae, 475 
 Tessera militaris, 370; hospitalis, 
 
 473 
 Testa samia, 328 
 Testabilis, 277 
 Testamentum militare, 103; see 
 
 Wills 
 Testators, 104 
 Testudo, 371 and 372, 444 
 Theatres at Rome, 49, 350, and 
 
 353 
 Thessaly, 22 
 Thrace, 24 
 Thule, 10 
 
 Thyrsus, thyrsiger, 303 
 Tibialia, 452 
 
 Tibia, flutes, kinds and uses of, 444 ; 
 at funerals, 490 ; on the stage, 
 354 
 Tibicines in the centuries, 144 
 
INDEX. 
 
 607 
 
 Titles, 236; of books, 424 
 Toga, the, peculiarly Roman, 449 ; 
 forbidden to foreigners, 113; its 
 shape and mode of being worn, 
 450; fallen into disrepute, 451 
 Toga, opposed to the sagurn, 450 and 
 368 ; Candida, 184,450; palmata, 
 450 ; libera, virilis, ib. and 337 
 Togatae fabilae, 354 
 Togata gens, 450 
 Togatatulus, 456 
 Tolleno, used at Syracuse, 372 
 Tollere puerum, 93 
 Torcuma,434 
 Torentice, 431 
 Trubea, 185, 451 
 Traditio longa manu, brevi manu, 
 
 99 and 101 
 Trans vectio equitum, 139 and 341 
 Treaties with the Carthaginians, 385 
 Trebatius Testa, 421 
 Trials, public or state, 263 and 264 ; 
 before the comitia tributa, 169 ; 
 offences tried at, 264 
 Trials of private suits, 266 
 Triarii, soldiers of the legion, 371 ; 
 
 res ad triarios rediit, ib 
 Tribes at Rome, 46; of Romulus 
 and Servius Tullius, 142 and 
 143 ; names of the tribes, 142, 
 143, 492 ; urban and rural, 143 
 Tribunal, the, of the Praetor, 195 
 Tribunes of the people, cause of their 
 appointment, 206 ; their authority, 
 207 ; their persons sacred, 208 ; 
 read the decrees of the senate, 
 182; admitted into it, 207 
 Tribunes, military, acting as con- 
 suls, 205 
 Tribunes, their powers assumed by 
 
 the emperors, 207 and 221 
 Tribuni aerarii, 213 and 318; 
 
 judges, 139 
 Tribuni, colonels of the legions, 
 
 247 and 366 
 Tribunus celerum, 135 
 Tribus praerogativa, 164 
 Tribute, paid by Roman citizens, 
 76 and 389 ; a property tax, 145 
 and 389 ; remitted to all Italy, 
 389, 390 ; right of levying, 393 
 Tributum capitis, poll tax, 389 ; 
 
 temerarium, ib. 
 Tributum animarum, 392 
 Tricks at entertainments, 470 
 Triclinium, 459 and 468 
 Tricliniarchus, 468 
 
 Trigonalis, a kind of ball, 474 
 Trigonum, a musical instrument, 
 
 444 
 Trinundinum, 159 and 275 
 Tripudium solistimum, 320 
 Triremes, 373 
 
 Triumphs, 375 and 376 ; when 
 granted, 375 ; description of, 376 ; 
 on the Alban Hill, ib.j for naval 
 victories, ib. 
 Triumviri monetales, nocturni, and 
 others, 215, 216 
 
 Triumviri capitales, 215 
 
 Trivia, Diana, 300 
 
 Troas, 26 
 
 Troglodytae, 36 
 
 Troja, a game, 349 
 
 Trossulus, 364 
 
 Trumpets, 368 and 445 
 
 Tuba, Tubilustrium, 339 
 
 Tumultus, opposed to bellum, 362 
 
 Tumultuarius, see Levies 
 
 Tunica, 452 ; laticlaira, pieta, pal- 
 mata, augusti, claira, ib. 
 
 Tunicatus popellus, 452 
 
 Turba forensis, 400 and 47 1 
 
 Tutela, tutores, 1 12 
 
 Tutela, the patron god of a ship, 385 
 
 Tutulus, 318 and 457 
 
 Tympanum, tympanistria, 443 
 
 Umbilicus, adducere ad, 424 
 Umbo, of a toga, 450 ; of a shield, 
 
 363 
 Umbones jungere, 363 
 Umbra, an uninvited guest, 464 
 Unciae, ounces, 386 
 Urbs, meaning Rome, 39 ; ad urbem 
 
 esse, 39, 248, 375 
 Urns, sepulchral, 487 
 Ustor, 490 
 Usucapio, 100 
 Usura unciaria, 384 
 Usury, a Roman vice, 384 and 399 
 Usus, a species of marriage, 480 
 Uti rogas, 165 
 
 Vacatio, exemption from military 
 
 duties, 370; from service, 361 
 Vacuna, an idol, 288 
 Vadem dare, vadimonium, 273 
 Valentia, a name of Rome, 39 
 Valerius Maximus, 411 
 Vallum, of a camp, 369 
 Valour, Roman, 397 
 Valva?, 460 
 Van Laar, a writer, 486 
 
608 
 
 INDEX. 
 
 Vasa gemmata. myrrhina, vitrea, 
 
 435 ; sacra, 331 
 Vasa colligere, conclamare, 370 
 Vectigal, meaning and derivation of 
 the word, 390; urinae, 391 ; see 
 Taxes, Redemptio Locatio 
 Vectigales, 390 ; agri, 352 
 Vehicles, 473 
 Vejovis, 290 
 Velites, 363 ; placed in the rear 
 
 371 
 Venaliciaria, 53 
 Venus, 2.99 
 
 Verbena?, sacred herbs, 333 
 Veredarii, veredus, 233 
 Verna, vemilitas, 54 and 62 
 Vertumnus, 311 
 Vespillones, 490 
 Vesta, 288 ; her priests, 325 
 Vestals, 325 
 
 Vestalis Maximia, 325; amata, ib. 
 Vestibulum, 459 
 \ r eterani, 362; rewarded by grants 
 
 of land, 242 and 375 
 Veteratores, 62 
 Veto, 182 
 
 Vexilla, vexillarii, 362 and 367 
 Vexillum, set up on the Janiculum, 
 
 461 
 Vexillationes, 238 
 Via Quintana, in a camp, 369 
 Viae rectas, intervals between bodies 
 
 of troops in line, 371 
 Via, how it differed from Vicus at 
 
 Rome, 46 
 Via sacra, etc. see Streets 
 Viator, 208 and 218 
 Vibius sequester, 418 
 Vicarii, 235 
 
 Vieesima haereditatis, 391 
 Vicesimarium, aurum, 60 and 391 
 Vicus, see Via 
 Vicomagistri, 46 
 Vicus, a village, 126, note 
 Victima, how different from hostia, 
 
 333 
 Victimarii, 329 
 
 Victims of particular idols, 333 ; 
 consecration of, ib. ; parts burnt, 
 ib. 
 Vigilise, 370 Xysti, 472 
 
 Vigintiviri, vigintiviratus, 215 
 
 Vinalia, 338 and 342 
 
 Vindilicia, 17 
 
 Vindicta praetoris, 57 and 58 
 
 Vindicatio, 99 
 
 Vineae, 372 
 
 Vineyards, 379 
 
 Virtues, deified, 316 
 
 Vite donari, 366 
 
 Vitis, the centurion's cane, 366 
 
 Vitta, 456 
 
 Votes, how given, 149; at the 
 
 comitia centuria, 159; order of 
 
 voting, 162 
 Votes, who had votes at the com. 
 
 curiata, 153 ; at the com. cent. 
 
 158; at the c. trib., 168; see 
 
 Suffragium 
 Voti reus, damnatus, 332 
 Vulcanalia, 342 
 Vulcanus, 293 
 
 Warnkcenig, a writer, 261 
 Weaving, instruments for and art of, 
 
 382 
 Wills, of different kinds, 103 ; how 
 
 made, ib. ; per aes et libram, 103 ; 
 
 in procinctu, 103 ; at the comitia 
 
 calata, 103 
 Wills, who could make one, 105 
 
 and 108; could the Latins? 125; 
 
 what wills were valid, 105 
 Wills must be written in Latin, see 
 
 Codicilli, Testamentum 
 Witnesses to wills, 103 ; false, how 
 
 punished, 277 
 Witnesses, slaves could not be, 277; 
 
 nor convicted libellers, &c. ib. 
 Women excluded from voting at the 
 
 comitia, 147 
 Woods employed by sculptors, 432 
 Writing, methods of, 422, 425, 428 ; 
 
 implement and materials for, 423 
 Writers, Roman classical, 144 ; 
 
 ages of, 405 ; compared with the 
 
 Greek, 405 
 Writers, philosophical, 417 ; on 
 
 military affairs, 418 ; on agri- 
 culture, 419; on history, 411 
 
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