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Full text of "Roman antiquities; or, An account of the manners and customs of the Romans .."

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: ^^-^f *^-^* :. 







ROMAN ANTIQUITIES: 



OB, 



AN ACCOUNT 



OF TRB 



MANNERS AND CUSTOMS 



OF THB 



ROMANS; 



BUPICTIRS TBSIK 

COVXRITMEVT, MAGUTRACT, LAWS, JUBICIAI. PROCSEDIVOS, RtLlOIOlT, OAHSS, MILITA- 
RT AlID ITAVAL ATFAIRS, D^E88, EXERCISE, BATHS, MARRIAGES, DITORCBS, PORBRALS, 
WBIOBTS AND VEASVRBS, COIHS, METHOD OF WRITIRO, HOUSES, OABDSRS, M.BtMVlr 
TVRE} CARRlA«B8y PUBLIC BUILDIVOS, SI0C. &«. 

DSSIGinSD CKCEFLT 

TO ILLUSTRATE THE 

LATIN CLASSICS, 

BY EXPLAINING WORDS AND PHRASKS, FROM THE RITES AND 
CUSTOMS TO WHICH THET liEFSRw 






BY ALEXANDER ADAM, L.L. D. 

Rector 0/ the ERgh School of Edmhur^ 



REYISBO, CORRSCTRD, AHI> ILLUSTRATBD WITB ROTES AVD ADDfTlORS, 

8T P. WXX.80N, KJE1.II. 

PIOTSSSOR or tAMOHAOtS llf COLOMBIA COLLIOB. 



PUBLISHED Br 0OU.XN8 ^ HANNATy 280 PBABL STREET. 

W. B. DBA9, PRIRTBR. 

1830. 



Bf IT RiMiMBUBD, ^fB^OD Jbe twentr-M?enth day of Annst, in tha forty-foarth y#«r 0^ 
ttM Indepeadencs of (htfUfirBd-SlatM of America, Willmoi A/Merceln, of the leid District, 
haUi deposited io this oi&o»the title of a Book, the ligfat whereof he claiiw ai Proprietor, ia th« 
words following, to wit : 

** Roman Aktiqcitiki : of, An Aocoddt of the Maonert and Coftomt of the Romaai. 



peeling^ their Govemment, Magistracy, Lawt, Judicial Proceedingt* Reliciao, Games, Milita- 
rj and Naval Atfain, Dr«Bs BWi^^^^^^fi^^MtaL^JiiatkBm^ FnneMlf, Wekble and 
Meastt wie , fi f^iM . M nili.JI i. f Wrffl Hg, HbhaBsV Gardens, Agricultarc, CarrMM, Ffiblic Boild- 
ings, &c. &c. Dfesig^ned chiefly to iUasirate (he Latin Cloisici^ by ezplainiaff Words and 
Phrases, from the Rites and Cnstoms to which they rafor. By Alexander Adam, L.L. D. Rec« 
tor of the High School of Edinbaigh. Reviled, CoirRCted, and Illttstrated with Notet and 
Addiiioo^ by P. Wilaen, L.L. D. PmfMBor of LaoMareB in Colnmbia OtfleM;'' 

Iri conformitv to the Act of the Coogreas of the Uoitvxi States, entitled »« An Act fcr the en- 
coara^cment of learning, by Becnring the copies of maps, charts, and books, to the aothors and 
proprietors of such copies^ daring the time theraia mecitiooad;'* and also to an act, entitled 
^ An act, sopplementary to en act, entitled, an Act for tlie eoconragameBt of learning, by aa- 
conng the copiea of maps, charts, and books, to the authoi-s and proprielors of socfa copies, dar- 
ing the UmoB therein mentioned, and extending the benefits thereof to the arts of designing, 
engrarlag, and etdiing bistoricai and other printa." 

GILBERT LltyiNGSTCKV THOMPSON, 






\ PREFACE, 

\ 

TO 

THE FIRST EDITION. 



Nothing hafl more engaged the attention of literary men since 

the revival of learning, than to trace from ancient monuments the 

institutions and laws, the relimon, the manners, and customs of the 

Romans, under the general nftme of Roviutn AniiqwXitt. This 

branch of knowledge is not only curious in itself, but absolutely 

• necessary for understanding the Classics, and for reading with ad» 

<^ vantage the history of that celebrated people. It is particularly re* 

V qoisite f<Nr such as prosecute the study of the civil law. 

Scarcely on any subject have more books been written, and 
|J many of mem by persons of distinguished abilities. But they are, 

I for lae most part, too voluminous to be generally useful. Hence a 

\ft tiamber of abridgments lutve been published ; of which those of 
^ Kennet and Nieuport are esteemed the best The latter is, on the 

^ whole, better adapted than the former, to illustrate the Classics ; 

but beinff written m Latin, and abounding with difficult phrases, is 
not fitted for the use of younger students. Besides, it contains no- 
thing concerning the hws of the Romans, or the buildmgs of the 
city, which are justly reckoned tnipng the most valuable parts m 
Kenn«u 

On ^ene^ accoonte, homf twocuky years ac0, the Compiler of the 
following pages thoi^ht of framing from both, chiefly irom Nieu* 
port, a Campendiuin for his own use, whli an intention to print it, 
if be should meet with no book on the subject to his mind. But he 
soon perceived, that on several important points, he could not de« 
rive trom either the satisfaction he wished. He therefore had re- 
course to other sources of information ; and chiefly to the Clas- 
sics themselves. To enumerate the various authors he has con- 
sulted, would be tedious and useless. It is sufficient to say, that 
be has borrowed with freedom, from all hands, whatever he judged 
fit for his purpose. He has been chiefly indebted to ManvtUts, 
BrissonkUf and Middleton^ on the senate ; to Pignorius^ on slaves ; 
to Sigoniua and Qrucchius^ ManuiiuSf Hubtr^ Gravinaf Mfirula^ and 
Hdnecdut^ on the assemblies of the people, the rights of citizeD«» 



IV PREFACR. 

the laws and judicial proceedings ; to Lipsius^ on the magistrates, 
the art of war, shows of the circus and gladiators ; to Sheffer, on 
naval affairs and carriages ; to FerrariuSf on the Roman dress ; to 
KirchmannuSf on funerals ; to Arbuthnot^ on Coins ; to Dickson, on 
agriculture ; to Donatusj on the city ; to Tumehust Mrahamus, Ro- 
sinus, Salmasius, HoUomomannus, Gravius, and Gronovius, Montfau" 
can, Pitiscusj Emesti, and particularly to Gesner, in different parts 
of the work. 

After making considerable progress in this undertaking, the com- 
piler found the execution so difficult, that he would have willindy 
dropt it, could he have found any thing on the subject to answer his 
views. Accordingly, when Mr. Lempriere did him the favour to 
communicate his design of publishing that useful work, the Classi- 
cal Dictionary, he used the freedom to suggest to him the propriety 
of intermingiing with his plan a description of Roman antiquities. 
But being informed by that gentleman, that this was impracticable, 
and meeting with no book which joined the explanation of words 
and thinffs together, he resolved to execute his original intention. It 
is now above three years since he began printing. This delay has 
been occasioned partly by the difficulty of. the work, and making 
various alterations and additions ; partly also by a solicitude to re- 
ceive the remarks of some gentlemen of learning and taste, on 
whose judgment he could rely, who have been so obliging as to read 
over, with critical attention, the sheets as they were printed 

After finishing what relates to the laws and judicial proceedings, 
the Compiler proposed publishing that part by itself, with a kind of 
syllabus of the other parts subjoined ; that he might have leisure to 
reprint, with improvements, a Summary of Geography and History, 
which he composed a few years ago, for the use of his scholars. 
But, after giving an account of the deities and religious rites in his 
cursory manner, and without quoting authorities, he was induced, 
by the advice of friends, to relinquish that design, and to postpone 
other objects, till he should bring the present performance to a con- 
clusion. Although he has all along studied brevity, as much as a 
regard to perspicuity would admit, the book has swelled to a much 
greater size than at first he imagined. 

The labour he has uiiderguiie, can be conceived by those only 
who have been conversant in such studies. But he will think his 

f)ains well bestowed, if his work answer the end intended, to faci- 
itate the acquisition of classical learning. He has done every thing 
in his power to render it useful. He has endeavoured to give a 
just view of the constitution of the Roman government, and to 
point out the principal causes of the various changes which it under- 
went This part, it is hoped, will be found calculated to impress on 
the minds of youth just sentiments of government in general, by 
showing on the one hand the pernicious effects of aristocratic domi- 
nation ; and on the other, the still more hurtful consequences of de- 
DQiOcratical licentiousness, and oligarchic tyranny. 



TRXrACE. V 

But it 18 needless to point out v/hst has been attempted in par- 
ticular parts ; as it has been the Compiler's great aim throughout 
tfie whole to convey as much useful information as possible with- 
in the limits he has prescribed to himself. Although very few 
things are advanced without classical authority^ yet m so exten- 
sive a field, and amidst such diversity of opinions, he no doubt may 
have fallen into mistakes. These he shall esteem it the highest fa- 
vour to have pointed out to him ; and he earnestly entreats the as- 
sistance of the encouragers of learning, to enable him to render his 
work more useful. He has submittea his plan to the best judges, 
and it has uniformly met with their approbation. 

It may perhaps be thought, that in some places he has quoted 
too many authorities. But he is confident no one will think so, 
who takes the trouble to examine them. This he esteems the 
most valuable part of the book. It has at least been the most la- 
borious. A work of this kind, he imagines, if properly executed, 
might be made to serve as a key to all the classics, and m some de- 
gree supersede the use of large annotations and commentaries on 
me difierent authors ; which, when the same customs are alluded 
to, will generally be found to contain little else but a repetition of 
the same things. 

As the work is not divided into books and chapters, the table of 
Contents, it is hoped, will supply that deficiency. 

The Compiler has now in a great measure completed, what 
above twenty years ago he conceived to be wanting in the com- 
mon plan of education in this country. His first attempt was to 
connect the study of Latin grammar whh that of the English ; 
which was approved of by some of the first literary characters then 
in the kingdom. It is sufiicient to mention Mr. Harris and Dr. 
Lowth. He has since contrived, by a new but natural arrange- 
ment, to include in the same book a vocabulaiy, not only of Uie 
simple and primitive words in the Latin tongue, but also of the most 
common derivatives and compounds, with an explanation of phrases 
and tropes. His next attempt was to join the knowled^ of ancient 
and modern geography, and tihe princi(Ae» of history, with the study 
of the classics. And now he has endeavoured to explain diflicult 
words and phrases in the Roman authors, firom the customs to 
which they refer. How far he has succeeded in the execution, he 
must leave others to judge. He can onlv say, that what he has 
written has proceeded from the purest desire to promote the im- 
provement of youth ; and that he should never have thouffht of 
troubling the world with his publications, if he could have found, 
on any of the subjects he has treated, a book adapted to his purpose. 
He has attained his end, if he has put it in the power of the teach- 
er to convey instruction with more ease, and in a shorter time ; and 
of the learner, to procure, with greater facility, instruction for him- 
self. He has laboured long in the education of youth^ and wished 



\ 



Tl PREFACE. 

to show himself not unworthy of the confidence imosed in him by 
the public. His chief enjoyment in life has arisen from the acquisi-^ 
tion and communication of useful knowledge ; and he can truly say 
with Smiecay Si cum hac exi^tiar^ deiur sapietUiaf ut illam incluiant 
teneamf nee emmctemy rejidamf £p. 6. 

£ditiiurghf i 



ADVERTISEMENT 

TO THE 

SECOND EDITION- 



THE Compiler hais felt much satisfaction from the favourable recep- 
tion his performance has met with. He has, in particulary been highly 
gratified by the approbation of several of the masters of the great schools 
in England, and of the professors in the universities of both kingdoms* 
The obliging communioations he has received from them, and from other 
gentlemen of the first character for clasacal learning, he will ever re- 
member with gratitude. Stimulated by such encouragement, he haa 
exerted his utmost industry to improve thia edition* The numerous fietcts 
and authorities he has added will show the pains he has bestowed. 

The Index of Latin words and phrases is considerably enlarged ; and 
an Index of proper names and things is subjoined ; for suggesting the 
utility of which, he is indebted to the anthers of the Analytical Review. 

There are several branches of his subject which still remain to be 
discussed ; and in those he has treated of, he has been obliged to sup- 
press many particulars, for fear of swelling his book to too great a size* 
it has therefore been suggested to him^ that to render this work more 
generally useful, it ought to be printed in two dififerent forms ; in a 
smaller size, for the use of schools, and in a laiser form, with additional 
observations and plates, for Uie use of more a^ranced students. This, 
if he finds it agreeable to the public, he shall endeavour to execute to 
the best of his abDity ; but it must be a work of time : and he is now 
obliged to direct his attention to other objects, which he considers of no 
leas importance. 

As several of the Clasncs* both Oreek and Latin, are differently di« 
vided by different editors, it will be proper to mention what editions of 
these have been followed in the quotations; C<BBar by Clarke^ or in usum 
DdphM; PUnyy by Brotier; Qmndilian and the writers on husbandry, 
by Cfesner; PetroHMs ArhUer^ by Bwrmamnus; DUmymiB of HaUcar* 
noMitf , by BeUke ; PlutardCs MoraU^ by Xylander ; and Iho Catmut 
by Reimarus. It is needless to mention the editions of such authors as 
are always divided in the same manner. Those not divided into chap- 
ters, as Ajpptoft, StrabOf PbUarMa Lioes^ 4ec« are quoted by books and 
pages. 

• 

EdiDbvrii, > 

Maydlst, 179S. j 



coBrrfiBrT8< 



FOUNDATION of Ro», 

Division of its InhabitaQtiy 
L SENATB and Patricians, 

Badges of Senatorsi 

Consultation of the Senate, 

Decrees of the Senate, 

Power of the Senate, 
II. EQUITES, . 
m. PLEBEIANS, - 

Patrons and Chients, - 

NiMes et IgnMUi^ 

Gentes et FamUuB^ 

Names of the Romans, 

Ingenui et lAbertmi, 
IV. SLAVES, 

RIGHTS of RoKAN Cimnffs, 
h PRIVATE RIGHTS, 

1. Right of liberty, 

2. — of family, 

3. — of marriage, • 

4. — : — of a father, 
Emancipation and adoption, 

5. Right of property, . - 

of testament, 

of i^ardship, 

IL PUBLIC RIGHTS, . 

Jus liATn, 

— Italicux, 
State of the provinces, 

■ municipal town, cokmies, 4(c. 

— foreigners, 
COMITIA, or assemblies of the people 

1. Comitia PuriatOy 

2. ■ Cenimiataf 
3. 



MAGISTRATES, 

Kings, 



18 

ik 

14 
It 
21 
25 
28 
88 
85 
86 
87 
88 
ib. 
88 
40 
47 
48 
49 
50 
ib« 
ib. 
51 
52 



67 
68 



70 
73 
74 
75 
76 



84 
08 



COlfTKSlVr 



L ORDINARY MAGISTRATES, • 
!• Coiuiuls, • - • • 

2« PnBtors, • • • * 

9. Cenaonj * • • . 

4. Tribunes, .... 
5* iBdiles, • . . . 

6. Quttstonr, • . • • 

Other ordinaiy tiiaffifltratesy 
New ordinary magistrates under the Emperorsy 

n. EXTRAORDIlPaRY MAGISTRATES, 
1. Dictator, and master of the horse, 
3« iJcccnwtTij • • • • 

9. Military Tribones, 

Other extraordinary magistrates, 
HI. PROVINCIAL MAGISTRATES, . 
1. — — Under the Republic, 
%• — — Under the Emperors, 
Re-establishment of Monarchy under the Emperors. 
Public servants of the Magistrates, 
LAWS OF THE ROMANS, 
JmietLeXf . • . 

Laws of the Twelve Tables, 
Origiir of lawyers, • 
Consultation of lawyers. 
Lawyers under the Empefbrs, 
Laws made at different times, 
Laws of the Emperozs^ 
CoBFUsJusxs, - . . . 

JUDICIAL PROCEEDINGS 
L CIVIL TIUALS, 

1. Summoning to court, • 

2. Requesting a writ, 
8. Different actions, 

4. Appointment of JtfdteeSf • 
&• Form of trial, 
6* 'Judgment, • 

- 7p Consequences of a sentence, 
II. CRIMINAL TRIALS, 

■ Before the people, 
■ " Before the inquisitors, 

■ Before the Prstors, 

1« Choice of a Juiy, 

5. The accuser, • 

3. The accusation, • 

4. Trial and sentence, • 

5. Punishments, 

6. Rdigion of die Heaths, origin of Polytheism, 

RELIGION OF THE ROMANS. 
Dbitixs, • 

L DH mt^anm gmiHumt • • . - 



ib. 
IM 
114 
120 
126 
128 
130 
131 
134 

ib. 
137 
138 
139 

ih» 

ib. 

ib« 
144 
146 
158 
166 
167 
161 
162 
164 

ib. 
165 
190 
102 

ib. 
198 

ib. 
194 
196 
206 
209 
211 
212 
214 

ib. 
217 

ib. 
216 
219 
220 
221 
228 
230 
234 
240 
241 



8» tHiStudtif • • • • ' <*. • 

8« DU utinomM gBHUiuHf • . • * 

• MjaruTEmi of RsueioNf • •...;' ^ 

in. PliAOEfl OF WoUUBi AND BsUOIOOt RiTBSr i* » . 

Tbb RoxAi? Ybab, . . • . « ... ^ . : 

Division of D«y8» • • • . • • . • . 

RoxAzr-FsmyALSy • - 

ROMAN GAMES. 

1. Crflmes and riiowB of the Ciicus « • • * 

2. Gladiators, • • « • • W • 

3. Stage Playsi • . • • - • - . > . 

MILITARY AFFAIRS. ... ^; . 

1. Levying of SoWers^ •• •- •- r*. .^ 
S. Division of Troops ; dieir arms, oSoes,4U|d dieas^ ;i i . 

3. Discipline of the Roiiaaos ; 4heir marches and enfitmp*. 

ments, • • • - • 

4. Order of BiAle, and diflerent Standards, - 

5. Military rewards, - • • 
0. A triumph, 

7. Military punishments^ 

8. Military pay and 

9. Attack and Dbfbhob of towns, 
NAVAL AFFAIRS of the Romans, 

CUSTOMS OF THE ROMANS. 
I. Dbbss, 

II. EllTBSTAIinnSTS, 

. Fosture at Meals, 
Couches, • • 

Tables, . 
Exercises, * 
Baths, 

Favourite dishes. 
Wines, • 
Cups, 

Private games, • 
III. MAnaiAop, • 
Divorce, 

IV. FVHEBALS, - 

WEIGHTS and COINS, 

Computation of money, 

interest, 
MEASURES of LENGTH, 

" ■ Capacity, 

MSTHOD of WRTIINO, . 

LwaARiss, 
HOUSES of the ROMANS^ 

Spinning and weaving. 

Chimneys and windows, 
Villas and GAnnairst 
AGRICULTURE, 

Propagation of trees, 




an 

271 

278 



I. 



ih. 

387 

ib. 



298 

305 

ib. 

309 

318 
318 
333 
325 
329 



381 

33 4 

ik 
365 
308 

ib. 
387 



371 
373 
379 
381 
383 
885 



395 
410 
415 
418 
420 
431 

431 
432 
435 
437 
441 
443 
498 



m 



eiRRIAGES, 


456 


DIVISIONS of the cmr. . - - 


465 


PUBLIC BUILDINGS, . - . . . 


467 


1. Temple% . > . . .. 


ib. 


2. PlaoM of anoaemeat tnd exercise. 


470 


a. Cwia, . . - . . . . 


471 


^ JfOf9% • • • * » « • 


ib. 


5. Pbrtic<Niy - .• * , : . 


472 


6. Colaiiiii% ... « '« • ^ 


ib. 


7. Tptimphal arches, • . • • . . 


474 


a Trophies, . . . . - 


ib. 


9, AcfuaedactB, - *....:. 


475 


10. Cloaet^ 


476 


11. Pubticw4yBi . - * . . . 


477 


12e Bridges, . : • - . . 


478 


Lnoxs of the Ekpob. • ... 


480 



I 



SUMMARY 



t ■■■" 

OF 



ROMAN ANTiaUITIES. 



7%€ Foundation of the City, and DiyinoN of ita Irbabitavts. 

Rome was fbnnded by Romulus* and a colony from Alba LongOj 
753 years, as it is commonly thought, before the birth of Christ They 
began to build on the 31st disiy of April, which was called Palilia^ 
from Pales, the goddess of shepherds, to whom it was consecrated, 
and was ever after held as a festival ; {dies naialis urbis Romce.) 
Veil P^lerc- i. a Ovid. Fast iv. 806. 

Romuhis divided the people of Rome into three TRIBES ; and 
each tribe into ten CURIAE. The number df tribes was afterwards 
increased by degrees to thirty-five. They were divided mto country 
and city tribes, {rusticm tt vlrbanizJ) The number of curia always 
remained the same. Each curia anciently had a chapel or temple 
for the performance of sacred rites, Varr. it Lat. ling. iv. 33. Tacit 
Ann. xn. 34. Dionya. iL 33. He who presided over one curia was call* 
ed Curio, [quia sacra curabal^ Festus ;) he who presided over them 
all, CtTRio Maxim us. 

From each tribe Romulus chose 1000 foot-soldiers, and 100 horse. 
These 3000 foot, and 300 horse were called LEGIO, a legion,! be- 
cause the most warlike were chosen, Plutarch, in Romulo : Hence 
one of the thousand which each tribe jfumished was called Miles, 
Varro. de LaU ling. iv. 16. (unus ex mille,) Isidor, ix. 3. The com- 
mander of a tribe was called Tribunus, ((puXafx^^ '^^^ ^p^^fX^') 
Dionys. iL 7. Veget ii. 7. 

The whole territory of Rome, then very small, was also divided 
into three parts, but not equal. One part was allotted for the ser- 

* The first king of Rome. The first kind of govemment, emong men, wu Royal- 
ty, es Salhut andothers observe : Tliis was a eonseqaence of the Patrlarahti form, 
which oristoted from nature, and conmenced with the Creation. 

t Frw|p|»,l choose. 



^ 



14 ROMAN ANTIQUITIES. 

vice of religion, and for building temples ; another for the king's re- 
venue, and the uses of the state ; the third and most considerable 
part was divided into thirty portions, to answer to the thirty curiae^ 
Dionys. ii. 7. 

The people were divided into two ranks, (ordines,) PATRICIANS 
and PLEBEIANS ; connected together as PATRONS and CLI- 
ENTS, Dionys. ii. 9. In after timc9 a third order was added, name- 
ly, the EQUITES. 

The senate. 

1. 7%e Institution and Kumhtr of the Senate. 

The Senate was instituted by Romulus, to be the perpetual coun- 
cil of the Republic, ( Concilium reipublica sempiterman, Cic. pro Sex- 
tio, 65.) It consisted at first only of 100. They were chosen from 
among the Patricians ; according to Dionysius of Halicamassus, ii. 
12. three were nominated by each tribe, and three by each curia. 
To these ninety-nine Romulus himself added one, to preside in 
the senate and have the care of the city in his absence. The sena- 
tors were called PATRES, either upon account of their age, or their 
paternal care of the state ; certainly out of respect ; Liv, L 8. and 
their ofispring, PATRICII ; Qui patrem ciere possent, L e. ingenuif 
Liv. X. 8. Dionys. ii. 8. Festus.) After the Sabines were assumed 
into the city, another hundred were chosen from them by the suf- 
frages of the curicB, Dionys. ii. 47. But, according to Livy, there 
were only 100 senators at the death of Romulus, and their number 
was increased by Tullus Hostilius after the destruction of Alba, 1. 17. 
& 30. Tarquinius Priscus, the fifth king of Rome, added 100 more, 
who were called PATRES MINORUM GENTIUM. Those ere- 
ated by Romulus, were called PATRES MAJORUM GENTIUM, 
Tacit, AnnaL xi. 25. and their posterity, Patricii Majorvm Gentium. 
This number of 300 continued, with small variation, to the times of 
Sylla, who increased it ; but how many he added is uncertain. It 
appears there were at least above 400, Cic ad Attic, i. 14 

In the time of Julius Csesar, the number of senators waa mcreas- 
ed to 900, Dio, xliiL 47. and after his death to 1000 : but, many 
worthless persons having been admitted into the senate during the 
civil wars, Id, lii. 42. one of whom is called by Cicero self-chosen, 
{Icctus ^se a se,) Phil. xiii. 13 ; Augustus reduced the number to 
600, Suet. Aug. 35. Dio. liv. 14. 

Such as were chosen into the senate by Brutus, after the expul- 
sion of Tarquin the proud, to supply the place of those whom that 
king had slain, were called CO^SCRIPTI, i. e. persons written or 
enrolled together with the old senators, who alone were properly 
styled Patres. Hence the custom of summoning to the senate those 
who were Patres^ and who were Conscripti^ {ita appellabant in no* 
vum senatwn ledosj Liv. iL 1.) Hence also the name Patres Con* 
icripti (sc. et) was afterwards usually applied to all the senators. 



THE SENATE. 15 

2. The choosing of Senators. 

Persons were chosen into the senate, {Senatus legebatur, Liv. xL 
51. vel in senatum legebantur^ Cic. Cluent. 47.) first by the kings, 
Liv. L 8. XXX. 35. and after their expulsion, by the consuls, Liv. ii. 
1. and by the military tribunes. Festiis in Prateriti Senatores ^ but 
from the year of the city 310, by the censors : at first only from the 
Patricians, but afterwards also from the Plebeians, Liv. ii. 32. v. 12, 
chiefly however from the Equites ,• whence tliat order was called Sc- 
minarivm SenatiiSy Liv. xlii. 61. 

Some think that the Senate was supplied from the annual magis- 
trates, chosen by the people, all of whom had of course admittance 
into the senate ; but that their senatoiial character was not esteem- 
ed complete till they were enrolled by the censors at the -next Ltts- 
trwn; at which time also the most eminent private citizens were add- 
ed to complete the. number. See Middleton on the Roman Senate. 

After the overthrow at the battle of Cannce, a Dictator was ere-, 
ated for choosing senators, Liv. xxiii. 32. After the subversion of 
liberty, the Emperors conferred the dignity of senator on whom they 
thought fit. Augustus created three men to choose the senate, and 
other three to review the Equitesy in place of the censors, Suet. Aug, 
37. Dio. Iv. 13- 

He whose name was first entered in the censor's books, was called 
PRINCEPS SENATUS, which title used to be given to the person 
who of those alive had been censor first, {qui primus censor ^ ex its qui 
viverent fuisset^ Liv. xxvii 11. ;) but after the year 544, to him whon> 
the censors thought most worthy, Liv. xxvii. 13. This digntty,aIthough 
it conferred no command or emolument, was esteemed the very high- 
est, and was usually retained for life, Liv. xxxiv. 44. xxxix. 52. It 
is called Principatus ; hence afterwards the Emperor was named 
Princeps, which word properly denotes only rank, and not power. 

In choosing Senators, regard was had not only to their rank, but 
also to their age and fortune. 

The age at which one might be choseti a senator (JErAS Senato- 
ria) is not sufficiently ascertained ; iilthough it appears that there 
was a certain age requisite, Cic. de lege ManiL 21. Tacit. Ann. xv. 
28. Anciently senators seem to have been men advanced in years, 
as their name imports, Sallust. Cat. 6. Cic. de Sen. 6. Ovid. Fast. v. 
63. Flor. i. 15. But in after times the case was otherwise. It 
seems probable, however, that the age required for a senator was 
not below thirty. This may be presumed from certain laws given 
to foreign nations, at different times, in imitation of the Romans, 
Cic. in Verr. ii. 49. Plin. ad Trai. Ep. x. 83. for tliere is no positive 
assertion on this subject in the classics. 

The first civil oflSce which gave admission into the senate was 
the Quffistorship, which some have imagined might be enjoyed at 
twenty.five, and consequently that one might then he chosen a sena- 
tor ; fronf Dio Cassius, lii* 20. Othere think at twenty-seven, on 



16 ROMAN ANTIQUITIES. 

the authority of Polybius^ vi. 17. who says that, the Romans were 
obliged to serve ten years in the army before they could pretend 
to any civil magistracy ; and as the military age was seventeen, of 
consequence that one might be made quaestor at twenty-seven. But 
few obtained that oiBce so early ; and Cicero, who often boasts that 
be had acq[uired all the honours of the city, without a repulse in any, 
and each in his proper year, (sua anno) or as soon as he could pre- 
tend to it by law, had passed his thirtieth year before he obtained 
the qusBstorship, which he administered the year following in Sicily. 
So that the usual age of enjoying the qusestorship, (<E<at qutzstoria,) 
and of course ol^ ^ing chosen a senator, in the time of Cicero, 
seems to have been thirty-one. 

But although a person had enjoyed the qusBstorship, he did not 
on that account become a senator, unless he was chosen into that 
order by the censors, Gell. iii. 18. But he had ever after the right 
of commg into the senate, and of giving his opinion on any ques- 
tion, Ctc. in Verr, v. 14. Ep. ad Fam. ii. 7. About this, however, 
writers are not agreed. It is at least certain, that there were some 
offices which gave persons a legal title to be chosen into the senate, 
(unde in stnatum U^ deberentf) Liv. xxjL 49. Hence perhaps the 
senators are sometimes said to have been chosen by the people, 
{Ucti JUS9U popiUi,) Liv, iv. 4. Cic, pro Sext. 65. And Cicero often 
in his orations declares, that he owed his seat in the senate, as well 
as his other honours, to the favour of the people, post red. in Senate 
1. He asserts the same thing in general terms, in Vert, iv. W.pro 
Cluent. 56. 

Persons also procured admission into the senate by military ser- 
vice, Senatoriutn per miliiiam auspicabaniur graditm. Senec. Ep. 47. 
So Liv. zxiii. 23. 

When Sylla, after the destruction occasioned by his civil wars 
and proscriptions, thought proper to admit into the senate about 
300 EquUes^ he allowed the people to give their vote concerning 
each of them in an assembly by tribes, Appian. de bell. Civ. vi. 413* 
But Dionysius says, that Sylla supplied the senate with any persons 
that occurred to him, v. 77. and probably admitted some of the low- 
est rank, Dio. xl. 63. 

The Flamen of Jupiter had a seat in the senate, in right of his of- 
fice, Liv. xxvii. 8. a privilege which none of the other priests en- 
joyed, Cic. Ait. iv. 2. 

Augustus granted to the sons of senators, after they assumed the 
manly gown^ the right of wearing the latus clavus^ and of being pre- 
sent at the debates of the senate, that thus they might become the 
sooner acquainted with public affairs, {quo calerius reipxiblica assues* 
Cerent,) Suet Aug. 38. They also had the privilege of wearing the 
crescent on their shoes, Stat. Sylv. v. 2. 28. 

No one could be chosen into the senate who had exercised a low 
trade, or whose father had been a slave, (libertino patre na<t4«,Horat. 
Sat. L 6. 21. & 44. ;) but this was not always observed Appius 
Claudius Csecus first disgraced {inquinavit vel deformavit) the 



THE SENATE. Vi 

Senate by el^eting into it the sons of freedmen, (Itberlinorum JilnB 
hciisj) Liv; ix. W. 46. or the grandsfons, acoording to Suetoniasy 
t?ho says, that Kbertinii in the time of Appius, did not denote those 
who were freed, but theirprogeny, {ingervuos ex his procreates^) Sueti 
Cladd. 34^ a di^^ctioQ which no inhere occurs In the classics. 1^. 
Anr. Victor calls those chosen by Appius Libektini; de vir, 
iilush 34. But nobody regarded that election, whatever it was, as 
valid, Liv, ix. 46. and the next consuls cialled the senate in the order 
^ the ro% which had been in use before the censorship of Appius, 
Ibid. 30. It appears, however, that freedtnen were admitted into 
the senate, at least towards the end of the republic For Bio Cas- 
sius, speaking of the censorship of Appius Claudius, and Piso, the 
&tfaer-in-latv of tCsesar, A; *U. 704, says, that Appius excluded not 
only attfreedoien (ibrsVu^^pot), but also many noblemen, and among 
the rest Salhist, the historian, xL 63. for having been engaged in an 
intrigue with Fausta, the daughter of Syila and vrife of Milo, {a quo 
deprehensus^ virgis casus erat,) Gell, xvii. 18. Serv. in Virg, JEn. 
vi« 612« Acron in Herat Sat. i, 2. 41. Ceesar admitted into the 
senate not only his officers, Dio. xlii. 51. but even his mercenary 
soldiers, Id. xlrii. 20. xlviii. 22. Kh 25, & 42. all of whom Augustus 
removed, Bid. At which time he was so apprehensive of danger* 
that when he presided in the senate, he always wore a coat of mail 
dnder his robe, and a sword with ten of the stoutest of his senatoriao 
friends standing round his cfiBJif Suef. Aug, 35, 

In the year of Rome 535, a law was inade, that no senator, or 
filtber of a senator, should keep a bark above the burden of 300 
amphorcty or eight tons ; fot this was reckoned sufficient to carry 
their grain from their farms, and it seemed below a senator to reap 
advantage by merchandise, Zir, xxi. 63, Cic in Verr, v. 18. 

Anciently no regard seems to have been paid to the fortune (gen- 
sits) of a senator, Plin. xiv. 1. and when it was first fixed does not 
appear. But in the floiu^ishing state of the republic, as we learn 
from Suetonius, it behoved every senator to have a fortune of at least 
eight hUndrtd sestertia, or 800,000 sesiertiiy which are computed to 
amount to between six and seven thousand pounds sterling. Augus-^ 
tuB^ raised it to 1200 seslefUa, and supplied the deficiency to those 
^Ko had not ^at sum, Suet, Arig. 41. 'Cicero also mentions a cer-^ 
tain fortune to requisite in a senator, Fam.x\\\. 5. 

Every lustrum, i. e. at the end of every fifth vear, tlie senate was 
reviewed by one of the censors; and if dny one by his behaviour had 
rendered himself unworthy of that high rank, or had sunk his for- 
tune below that of a senator, his name was passed over by the censor 
in reading the roll of senators ; and thus he was held to be excluded 
from the sen^e, {moius c senalu,) 

But this, though disgraceful, did not render persons tn/«»woM*, as 
those condemned at a trial ; for the ignominy might be removed by 
the next censors, or they might obtain offices which agaiJf^.P^^^^rea 
them admittance iBto the senate, Cic,^ pro Cluent. 42- a* ^^^ the 

3 ' 



18 ROMAN ANTIQUITIES. 

C98e with C. AntoniuBy who was consul with Ciceio ; and with P. 
LeDtulus, who was prtetor at the tune of Catiline's cmispiracyy Dio. 
xxxviti. 30. Thus also Sallust the historian, that he ought recover 
his senatorian dignity, was made PrsBtor by CiBsar, Dio. xlii. 52. and 
afterwards governor of Numidta, where he did not act as he wrotOr 
(oux JjXfjMi<3'aro «-^ s^ui rou^ Xo/ou^,^ Id^ xliii. 9. but by rapacity and es- 
tortion accumulated a great fortune, which be left to his grand- 
nephew, TaciL AnnaL iii. 30, HotqL Od. ii. 2. 

The indulgence of bein^ enrolled in the senate as supernumerary 
members, without a formal election, was first granted to magistrates 
by the censors, A.U. 693. Dio. xxxvii. 46. , . 

There was a list of the senators, (alboii sbnatorium, >awutfM vel 
dvaypo^Y) /SouXsurcjv,) where all their names were written, which, by 
the appointment of Augustus, used ^o be annuaHy pasted up ia the 
senate-house, Dio. Iv. 3. et Fragment. 137. and the name of any 
senator who bad been condemned by a judicial sentence was erased 
from it^ Tacit. Annul, iv. 42. 

3. i%« Badges and Privileges of Senators. 

The Badges (insignia) of senators were, 1. the Latus cla'ousi or 
Tunica laticlavxa^ i. e. a tunic or waistcoat with an obloqg broad 
stripe of purple, like a riband, sewed to it on the lore part It was 
broad, to distioguish it from that of the Equites, who wo^ a narrow 
one. 3. Black buskins reaching to the middle of the Ida^HoraU 
Sat. i. 6. 28. with the letter C in silver on the top of the foot, Juv. 
viL 192. Hence calceos mutare^ to become a senator, Cic^ PhU^ 
xiii. 13. 3. A particular place at the public spectacles, called Oa- 
CHESTRA, next the stage in the theatre, and next the arena in the 
amphitheatre, Cic. Cluent. 47. 

This was first granted them by P. Cornelius Scipio, the elder, in 
his consulship, A. U. 558. lAv. xxxiv. 54 Hence Orchestra is put 
for the senate itself, Juvenal, iii. 177. 

In the games of the circus the senators sat promiscuously with the 
other citizens, till the Emperor Claudius assigned them peculiar 
seats there also, Suet. Claud. 21, Dio. Ix. 7. 

On solemn festivals, when sacrifices were offered to Jupiter by 
the magistrates, (m epulo Jovis vel m axna Diali\ the senators had 
the sole right of feasting publicly. in the Capitol, QelL xiL 8, Dio* 
xlviii. 52. dressed in their senatorian robes, and. such a» were proper 
to the offices which they had borne in the city, Cic. Phil. ii. 43, 
Senec. contr. i. 18. When Augustus reduced the number of the 
senate, he reserved to those excluded, the badge of their dress, and 
the privilege of sitting in the Orchestra^ and oi coming lo these pub- 
lic entertainments, (publice epulandijus ;) Suet Aug. 35. 

4. The assembling of the Senate, and the T\me and Place of its 

Meeting. 

The senate was assembled {convocabaiur, vel cogehalur) at first 
by the kings, Liv. i. 48, afler the expulsion of Tarquin, usually by 



THE SENATE. 19 

die conmilsy and in iheir absence by the pitetors, Cic. Ep. Fam. x. 
1% 26, also by the dictator, master of the horse, Liv. vm. 33. by the 
deeemvirif mititary tribunes, inUrrex, prefect of the city^ Liv, iii. 9, 
& 39* jf. GelL xtv, 7. and by the tribunes of the commons, ^ho 
could sominon the senate although the consuls were present, and 
even against dieir will ; Gc. £p. Fam. x. 28* id. 6. l)e Orat. iii. I. 
GelL 3DV. 8. The Emperors oid not preside in the senate, unless 
^hen invested vnth consular attthority, {Princeps prasidebat ; erat 
enim consul ;) Plin. Ep. ii. 11. Paneg. 76. 

The senators were summoned (arce$9ebantw^ citabantur, voraban- 
iwr^ in senatum vocabantur, Ac.) anciently by a public officer named 
VIATOR, because be caHed the senators from the country ; Cic, dt 
Sen. 16. or by a public cribr, when any thing had happened about ^ 
wbidi the senators were to be consulted hastily, and without delay, * 
£19. iii. 38. but in latter tiroes by an EDICT, appointing the time and 

{lacej and pidafished several days before, Cic. Phil. iii. 8. not only at 
Lome, but sometimes also in the other cities of Italy, Cic. ad Jilt. ix. 
17. The cause of assembling itiised also tb be added, consult andum 
8UPBR RB MAGNA BT ATROC, TacU. Afvnal. \\. 28. Edicere scnahmi in 
proximum diem ; Eldicere ui senaius adessei, 4^c. Cic. et Liv. passim. 

If any senator refused or neglected to attend, he was punished by 
a fine and by distraining his goods, {mrdctd tt pignoris caplione ^) 
unless he had a just excuse, Lvv-.tiy. 2^. Cic. PhiL i. 5. Plin. Ep. iv. 
S9. The fine was imposed by him who held the senate, and pledges 
were taken tSl it was paid. But after sixty or sixty-five years of 
, senators- niight attend or not as they pleased, Senec. de Brev. 

tta. SO. Conirov. i. 8. Plin. Ep. iv. 03. 

The aenate could not be held bat in a temple, that is, in a place 
consecrated by the augurs, GelL xiv. 7. that thus their deliberations 
miffht be rendered more solemn, Cic. Dam. 51. 

Anciently there were but three places where the senate used to 
be held {Cwri<B v. Senacula) ; two within the city, and the temple of 
Bellona without it, Festus. Afterwards there were more places, as 
tfie temples of Jupiter Siaior, Apollo, Mars, Vulcan, Tellus ; of Vir- 
tue, Faith, Concord, &C Also the Curia Hosiilia, Julia, Octavia, 
and Pampeia; which last was shut up after the death of Ca;sar, .be* 
caqse he was shin in it, Suet. Jul. 88. These Curias were conse- 
crated as temples by the augurs, but not to any particular deity. 
When Hannibal led his army to Rome, the senate was held in the 
camp of Flaccus, the Proconsul, betwixt the Porta Collina and 
Msquilina, liv. xxri. 10. 

When a report was brought that an ox had spoken, a thing fre^ 
quentl]r mentioned in ancient authors, the senate was held under the 
open air, Plin. Hist. JfaL viii. 45. 

On two special occasioiis the senate was always held without the 
chy, in the temple of Bellona or of Apollo ; for the reception of 
foreign ambassadors, especially of those who came from enemies, 
rihom they did not choose to admit into the city ; and to give au« 



age 



99 ROMAN ANTIQUITIES. 

dience (cwn stnatus datus est) to their own geoerals who wero 
never allowed to come within the walls while in actual command, 
Liv. iii. 63. xxxi. 4Z xxxiii. c. 22, <Jr 24—34, 43, 36, 39,-42, 36. 
Senec. Bene/, v. 15. 

The senate met (conveniebat) at stated times, on the kalends, 
nones, and idet of everjr month ; unless when. the comitia were held* 
For on those days {diebus comitialibus) it was not lawful to hold a 
Senate,. Ctc. ad Prat. ii. 2. ad Fdm^ i. 4. nor on unlucky days, (Jie- 
bu8 nefastis v. atris) unless in dangerous conjonctures, Id, viii. 8. 
Livm xxxviii, 53.i — xxxix. 39. in which case the senate might post-^ 
pone the comitia : Ibid. & Cic. Mur. 25. 

An ordinary meeting of the senate was called Senatus L£QITI« 
MU8, Siut. i4vg/i5. If an^ extraordinary senate was given to am* 
bassadors or others for any reason whatever, it used to be called IN* 
DICTUS or £D1CTUS, and then the senators were usually sum* 
moned by an edict, whereby anciently those were ordered to attend 
who were PATRES, and who were CONSCRIPTI, Liv. ii. 1. but \ 

afterwards, *' those who were senators, and who had a right to de« 
Uver their opinion in the senate." (Qui sisNikToaEs, quibu8<iu« 

Ur SKNATU SENTBNTIAM I>lC£aE LICU&ET, UX AOE88£NT; and SOme* 

times, Ut adssssmt rai^Q.uBjVT£S, ad \nu Cal. D£C£iibr, &;c, 
Gc. et lAv, Passim,} 

No decree of the senate could be made unless there was a quo* . 
rum, (nisi senatorum numerus Ugitimiis adesset.) What that was is 
uncertain. Before the times g€ Sulla, it seems to have been 100^ 
Liv. xxDX. 18. Under Augustus it was 400, which, however, that 
£mperor altered, Dio, liv. 35. Iv. 3. If any one wanted to hindev 
a decree from being passed, and suspected there was not a quommt 
he said to the magistrate presiding. Nan era senatum. Count the 
senate, Cic, Ep. Fam, viii. 11. Festtis in num£ra. . 

Augustus enacted, that an ordinary meeting of the senate should 
not be held oftener than twice a month, on the Kalends and Ides( 
and in the months of September and October, that only a certain 
number chosen by lot should attend, Suet, Aug, 35* This regular 
tion was made under pretext of easing the senators, but ia reality 
with a view to diminish their authority, by giving them less frequent 
.opportunities of exercising it. Augustus chose a council for himself 
every six months, {concilia semestria sorting to consider beforehand 
what things should be laid before a full house, {ad frequentem set 
natum^) Ibid. 

The senate met always, of course, on the first of January, for the 
inauguration of the new consuls, who entered upcm their office on 
that day, and then usually there was a crowded bouse. 

He who had the fasces presided, and consulted the fathers, first, 
about what pertained to religion, {de rebus divinis^) about sacrificing 
to the gods, expiating prodigies, celebrating games, inspecting the 
books of the Sibyls, &c. Liv, viii. 8. next, about human amirs, 
pamely, the raising of armies, the management of wars, the provin* 



THE SENATE. 21 

c^ Ac The consuls were then s^d to consult the senate about 
the republic in general, {de repMica indefinite,) and not about par* 
ticular things, {rtbus dt singulis finite, AuL GelL xiv. 7.) The 
same was the cajie in dangerous junctures, when the senate was con- 
sisted about the safety of the republic, (cfe summa republican y. tota^ 
Did jHUBtm^ 

Tne month of Pebniary was commonly devoted to hear embas- 
sies and the demands of the provinces, Cic. ad Fratr. iL 3. d& 12* 
ad Fam, i. 4« Ascon. in Vtrr^ i. 35. 

5. Tht Manner of holding and Consulting iht Stnatt. 

The magistrate, who was to hold the senate, offered a sacrifice, 
and took the auspices, before he entered the senate-house, P/tn. Pan. 
76. QdL xiv. 7. If the auspices were not favourable, or not rkfatly 
taken, the business was deferred to another day, Cfc. Epist. x. 12* 

Augustus ordered, that each sena,tor, before he took hta seat, 
should pay his devotions, with an offering of frankincense ^d wine, 
at the aitar oif that god in whose temple t^e senate were assem* 
bled, that thus they n^igbt discharge their duty the more religiously, 
Suti.Aug.Z5. 

When the consuls entered the senate-house, the senators com^ 
mosily rose up to do them honour, Cic. Pis, 12. 

The senate was consulted about every thipg pertaining tothe ad* 
ministratioii of the state, except the creation of magistrates, the 
pfuwiBff of law% and the determination of war and peace ; all which 
pru^eny belonged to the whole Roman people, Dionys. ii. 14. 

The senate could not determine about the ridita of Roman citi«> 
zens, without the (H'der of the people, Lit, xxvi* 33. 

When a full house was assembled, the magistrate presiding, whe* 
ther consul or prsetor, &c. laid the business before them m.aset 
form ; Quad bonuh, rAusTUM,FELix, roRTUNATUH,siT ; asrERiicus 
AD vos, Pataks CpNscEiPTi. Then the senators were asked their 
opinion in this form ; Die. 8p. .Posthumi^ <^ui]> cb«sss? Liv, L 32* 
ix. 8. or Quid fieiu placet ; Quid tibi videtur? 

In asking the opinions of the senators, the same Older was not al« 
virays observed ; but usually the princeps senatus was first desired to 
deliver his opim'on, unless whaa there were consuls elect, who were 
always asked first, Sal. Cat. 50. Cic. Phil, v. 13. Fam. viil 4. and 
then the rest of the senators according to their dignity, Constdares^ 
Prtztorii^ Mdilitii, Tribuniiii^ et Quastorii^ which is also thought to 
have been their order in sitting, Cic. Phil. 13. The benches on 
which the senators sat, {subsdUa^) Cic Cat i. 7* were probably of 
a long form, Cic. Fam. iii. 9. as that mentioned by Juvenal, {longa 
cathedra,) ix. 52. and distinct from one another, each fit to hold all 
the senators of a particular description^ aome of them shorter, as 
those of the tribunes, which seem to have held only a single person. 
Suet. CI. 23. The consuls sat in the most distinguished place, on 
their curule chairs, Cic. Ibid. 4* Cat. iv. 1, 



fiS ROMAN ANTIQUITIES. 

As the consuls elect were first asked their opinion, so the prse- 
tors, tribunes, &c. elect, seem to have had the same preference be- 
fore the rest of their order, Cfc. ad 4tt. xii. 21. in Verr. ▼.' 14. 
He who held the senate,' might ask first any one of the same order 
he thought proper, which he did from respect or friendship, Ctc. 
post rediL in SenaL 7. Liv, v. 20. Gdl. iv. 10. xiv. 7. Senators 
were sometimes asked their opinions by private persons : (tiwlti ro- 
gabantur^ atque idipsum consulibtis invitis ^) Cic, Fam. i. 2. 

The consuls used to retain through the whole )^ar the same order 
which they had obsei^ed in the beginning of their oflice. Suet. Jtd» 
21. But4n latter times, especially under the Emperors, they were 
asked in what order the magistrate who presided thought proper, 
dr.. Ait.i. 13. Plin. Ep. ix. 13. When they were all asked their 
opinions, they were said perrogari^ Liv. xxix. 18. Plin. Pan. 60. 
and the senate to be regularly consulted or the affair to be delibe- 
rated about, {ordine consuli,) Liv. ii. 28, and 29. Aiigustus observ- 
ed no certain rule in asking the opinions of the senators, that there- 
by they might be rendered the more attentive, Suet. 35. 

Nothing could be laid before the senate ifgainst the will of the 
consuls, unless by the tribunes of the people, who might also give 
their negative (moramfacere) against any decree, by the solemn 
word VETO; which was called intereeaingy (intercedere.) TH« 
might also be done by all who had an equal or greater authority than 
the magistrate presiding, Cic. Legg. iii. 3. Gell. xiv. 7. If any per- 
son interceded, the sentence of the senate was called SENATUS 
AUCTORITAS, their judgment or opinion, Liv. iv. 57. Cic. Fam, 
1. 2. viii. 8. and not senatus consultum or decre/fim, their command. 
So likewise it was named, if the senate was held at an improper time 
or place, (alitno tempore aut loco ;) or if all the formalities ($o/cm- 
nia) were not observed, Dio. Iv. 3. in which case the matter was re* 
ferred to the people, or was afterwards confirmed by a formal decree 
of the senate, Cic. Ep. Tarn. x. 12. But when no mention is made 
of intercession or informality, Auctoritas Senatus is the same with 
consuttum, Cic. Legg. ii. 15. They are, also sometimes joined ; thus, 
Senatus consultl auctoritas y which was the usual inscription of the de- 
crees of the senate, and marked with the initial letters S. C. A. Ctc. 

The senators delivered their opinion, (sententiam dicebant) stand- 
ing : Whence one was said to be raised, {excitari^) wheii he was or- 
dered to give his opinion, Liv. ix. 8. Cic. ad Attic. L 13. But wlien 
they only assented to the opinion of another, {verba assentiebantur,) 
they continued sitting, Cic. fam. v. 2. Plin. Pan. 76. The princi- 
pal senators might likewise require the consul, to lay before the se- 
nate any other subject which they thought would be of advantage 
to the state, besides the matter proposed ; which Tacitus calls, 
Egrcdi relationem. They were then said CENSERE referendum 
it aliqua re. Sail. Cat. 50. Plin. Ep. vi. 5. or Relationem postu^ 
tare. Tacit. Ann. xiii. 49. For no private senator, not even the con- 
sul-elect, was allowed to propose to the Senate any questicm himselft 






THE SENATE. 2S 

Gc. Pro. horn. 27. Sometiines the whole house called out for a 
particular motion^ Sail. Cat. 48. And if the consul heatated or 
refused, which he did by saying, Se coNsiosaARE vei«le, the other 
magistrates, who had the right of holding the senate, might do it, 
even against his will, particularly the tribunes of the people, Cic> 
pro leg. Maiiil. 19. pro Sext. 30. EpisL Fam. x. 16. Hence Au* 
gustus was, by a decree of the senate, invested with the power of 
tribune for life, that he might lay any one thing he. pleased b^efore 
the senate every meeting, although he was not consul, Dio. liii. 32. 
And the succeeding Emperori» obtained from the senate the right 
of laying before them one^ two, or more things at the same meeting ; 
which was called jus prirruz^ secunddf terticc, qu&ricz^ et quirUa^ rda^ 
liom'ff, Yopisc. et Capitol. In those times the senator who gave his 
opinion first, was called Prinim sententia senator^ Ibid. 

It was not lawful for the consuls to interrupt those that spoka^ 
although they introduced in they speech many things foreign to the 
subject ; whijch they sometimes did, that they might waste the day 
in speaking, (u/ diem dicendo exvmerenU consumerent v, iolUrenii) 
Cic- Verr. % 39. For no new reference could be made after the 
tenth hour, i. e. four o'clock afternoon, according to our manner of 
reckoning ; Senec. de Tranquill. Jin. c. ult. nor a decree passed af- 
ter fiunset, ^. Gell. xiv. 7. 

Hence Cicero, in blaming the decrees of Antony, calls them SCta 
Vjbspertina, PhiL iii. 10. We read, however, of the senate's being 
assembled at midni^, upon the arrival of an express from one of 
the consuls, Sp. Furius, that he was besieged by the iEqui and Volsci^ 
A. U. 290. Dionys. ix. 63. so iii. 26. and of a person haranguing, 
till it was so late that lights were called for, {nocit illatis lucernis^ 
Plin.Ep.iv. a 

Those who grossly abused this right of speaking without interrupt 
tion, were sometimes forced to give over speaking, (perorarej by 
the noise and clamour of the other senators, Cic. ad Ait, iv. 2. 
Sometimes magistrates, when they made a disagreeable motion, were 
aileoced in tins manner. Thus C{zpium est referri de inducendo 
SCto^i. e. delendo vel expungendo ; ah omni ^enatu reclamatum enl^ 
C!ic* pro Dom. 4. Ejus oralioni vehementer ah omnibus reclaniatum 
est. Id. Fam. i. 2. So when a senator threw out abu^ve language 
agaijDSt any one, as Catiline did against Cicero and others, the whwe 
senate bawled obt against him, (obUreptre omnes^) Sail. Cat. 31. 

This used also to happen under the Emperors. Thus Pliny, 
speaking of himself, after the death of Domitian, says, Finio. Ineipit 
respondere Fejentq / nemo patitur ; obterbatur^ obstrepitur ; adeo qui' 
rdemut dicerei; Rooo, Patres C. ne me cooatis implorare aux- 
iLiUM TaiBuifORuai. Et siatim Murena tribunus. Perjiitto tibi, 
yiR CLARissucfi Vejento, Bic&RB. Tunc qvioque rtclamatxtr, ,Ep. 
ix. 13. The title of Clarissikus was at this time given to all the 
senators, but formerly only to the leading men. 



24 ROMAN ANTIQUITIES, 

Sometimes the speeches of senators were received with diouts 
of applause ; thus, Consurge$Ui ad Qtnaendum acdanuxtum sst, quod 
Bolet residentibus^ PIid. Ep. iv. 9. And the most extravagant ex- 
pressions of approbation were bestowed on the speakers ; Jfonfert 
^isquam in senatu fuit^ qui rwn me compltcUrttnr^ exf^setUarttur^ 
eerlatimque lauds cumiUartt, Id. ix. 43. The consul, or presiding 
magistrate, seems to have exercised difTereht powers in the senate 
at £ffisrent times, Cic. Orat. iii. 1. When Oato one day, to pre- 
vent a decree from being passed, attempted to waste the day in 
speaking, Cassar,.then consqi, ordered him to be led to prison; 
whereupon the house rose to fdlow him, which made Cassar recall 
his order, GelL iv. 10. 

If any one in delivering his opinion had included several distinet 
articles, some of which might be approved and others rejected, it 
was usaal to require that the opinion might pe divided, and that 
each particular might be proposed apart ; and therefore any senator 
might say. Divide, Cic,Fam»u 2. Senec, Ep. ^l. Ascoru in Cic, 

m. 6. 

In matters of very great importance, the senators sometimes de- 
livered their opinions upon oath, (juralij) Liv. xxvi. 33. xxx. 40. 
xlii, 21. TaciL Arvnal. iv. 21. • 

Several different questions might be referred to the senate by 
different magitf rates in the same meetii^, Cic. Phil, vii. 1. Liv, 
xxx. 21. 

When any magistrate made a motion, he was said, VfiRB a r ackrc > 

RBPERRB Vei DEFBRAC AD SENATUtf, Or CoNSULERE SENATtJH DB 

ALiquA RE, Ctc. in Pis, 13, and the senators, if they approved of it, 

RBLATIONEM ACCIPERE, Liv. U. 39. 

When different opinions were delivered, the senators expressed 
their assent, some to one and some to another, variously, by their 
looks, by nodding with their heads, by stretching out their hands, 
&c. Tacit Hist. iv. 4. 

The senators who spoke usually addressed themselves to the whole 
house, by the title of Patres Conscripti, Ctc. et Liv. passim; 
sometimes to the consul or person who presided, Ct<r. Phil. viii. 1, 
sometimes to both, Liv. vi. 15. They commonly concluded their 
speeches in a certain form : Quare xoo ita ccnseo ; or Placet 
ig'itur, &>c. Sallnst. Cat* li. 52. Qood C. Pansa verba fecit db 

— -•'DB BA EE ITA CENSEO ; Or QdA* CUM ITA SINT ; Or QuAS OB RES»1TA 

Cbmsbo, Cic. PhiL iii, 15. v. 4. ix. 7. Sometimes they used to read 
their opinion, {de sci^to dicere,) Cic. Fanl. x. 13. and a decree of 
the senate vpas made according to it, (m sententiam alicnjitSy vel ita 
tU ille censebal.) 

When a senator did not give an entire assent to the opinion of any 
one, but thought that something should be added, he said, Servilio 
assbntior, et hoc amplius CENSEO ! Cic. PhiL xiii. 21. which vpaa 
called addere sententimt vel in sententium. Sail. Cat 51. 



1 



THE SENATE. 3d 



6. The Manner of Making a Decree of the Senate. 

When severa} different opinions had been offered, and each su[k 
ported by a number of senators, the consul or magistrate presiding 
might first put to the vote wbioh opinion he pleased, {senieniiam 
frimam pronuncian^td in earn discessio fieret ;) Cic. Ep. Fam. i. 2. 
X. 13. or suppress altogether {negare se pronundaiurum) what he 
disapproved, Ccts. de BtlL Civiliy i. 1. And herein consisted the 
chief power.of the consnl in the senate. But even this was sonie<« 
times contested by the tribunes, {anteseoporttre discessionemfacerej 
qudm canstUesi) Cio. Fam« i. 3. 

A decree of the senate was made by a separation {per discessionem) 
of the. senators to different parts of the house. He who presided 
said, ** L«t those who are of such an opinion pass over to that 
side ; those who think differently to this." (Qui hoc censktis, 

ILLVC TRANSITE^. Qui ALIA OMi^'lAyis HANC PARTEM.) HefiCe IfC 

pedihus in sentmtiam aliag^us^ to agree to any one's opinion ; and 
Discedere v. transire in alia omnia^ for Contraritan sentire, Plin. Ep. 
viii. 14. Frequtntes iervnt in alia omnta, a great majority went 
into the contrary opinion, Cic. Fam. i. 2. Freguens smatua in alia 
omnia Otj Id. viii, 13. disceanty x. 12. The phrase Qui alia omnia, 
was used instead of Qui non censetis, sc. koCf from a motive of 
superstition, {ominii cawd,) Festus. 

Those senators who only voted^ but did not speak, or, as some 
•ay, who bad the right of voting, but not of speaking, were called 
PEDARII, Festus, A, Gill. iii. 18. Cic, ad Ait. i. 19. 20. be- 
cause they signified their opinion by their feet, and not by their 
tongues : Or, according to others, because not having borne a curule 
magistracy, they went to the senate on foot, A. GelL ibid. But^ 
•according to Pliny, anciently all the senators went to the senate on 
foot ; and the privilege of being carried thither in a chariot was 
never granted to any one but Metellus, who had lost his sight in res^ 
cuing the palladiian, or ima^e of Pallas, from the temple of Vesta 
when iii Sames,.Hist, JVo/« vii. 43« s. 45. 

He who had proposed the opinion, {qui senientiam aenaiui pra* 
sUiisset, Cic. in Pis. .32,}. or who had been the principal s]>eaker in 
favour of it, the consul, or whoever it was, (PRINCEPS vel AUC- 
TQR Stntentice, Ovid. Pont. ii. 3. 31.) first passed, and those who 
agreed with him followed, Plin, Epist.h* II. Those who differed 
went to a different part of the house ; and into whatever part most 
of the Senators went, the Consul said, of it, '^This seems to be the 
mojority." (H^c pai^s major videtur.) Then a decree of the 
Senate was made according to thetr opinion, Piin^ Ep. ii* 12. and 
the names of those who had been most keen for the decree, were 
usually prefixed to it, which were called AUCTORia'ATES per^ 
scripta^ vel prascriptcc, Cic. Orat. iii. 2. because they staid to se^ 
the decree made ouif {sctiUndo ndfuerunt, i.e. Senates consulti 

4 



96 ROMAN ANTIQUITIES. 

conficiendi testes erant.) Senatii^ consultum €& perscriptioru esi^ of 
that form, to that effect, Ctc. Fam. v. 2. 

Ancientlv the letter T was subscribed, if the Tribunes did not 
give their negative ; for at first die Tribunes were not admitted into 
the Senate, but sat before the Senate-house on benches, till the de- 
crees of the Senate were brou^t to them for their approbation or 
rejection, VaL Max. \u 7, This, however, vras the case oiJy for a 
very short time ; for A. U. 310, we find Cuiuleius, one of their 
number, speaking in the Senate, Liv. iv. 1. and Dionysius says they 
were admitted soon after their institution, vii. 49. 

When a decree of the senate was made, without any opinions 
being asked or given, the fathers were said Pedibus ferre sententiaini 
and the decree was called SENATUS CONSULTUM PER DIS- 
CESSIONEM, Jl. Gell. xiv. 7. Cic. Pkil. iiL 9, Suet. 7%. 31. But 
when the opinions of the senators were asked, it was simply called 
SENATUS CONSULTUM, Cic. in Pis. 8. Although it was then 
also made per dxsctssionem ; and if the senate was unanimous, the 
discessio was said to be made sine uU& varietattj Cic. pro Sexii 34* 
If the contrary, in magna varietate sententiarum^ lb. 

In decreeing a supplication to any general, the opinions of the 
senators were always asked ; hence Cicero blames Antony for omit* 
ting this, in the case of Lepidus, Phil. iii. 9. Before the vote was 
put, {tnUe discessionemfactam^) and while the debate was going on^ 
the members used to take their seats near that person whose opinioo 
they approved, Plin. Ep. viii. 14. and the opinion of him who was 
joined by the ^atest number, was called SENTENTIA maxims 

YREqUBNS, 76. li. 11. 

Sometimes the Consuls brought from home in writing the decree 
which he wished to be passed, and the senate readily agreed to it* 
Cic. Phil. i. 1. 

When secrecy was necessary, the clerks and other attendants were 
not admitted ; but what passed was written out by some of the sens* 
tors, Cic. pro %//• 14. A decree made in this manner was called 
Taciti/m, Capitol in Gordian* 12. Some think the Senatores Peda* 
rii were then likewise excluded, from Valer. JMouc. ii. 2. 

Julius Caesar, when consul, directed what was done in the senate 
(DiuRNA Acta) to be published: Suet. Jul. 2(X which also seems to 
have been done formerly, Ctc. pro Sjfll^ 14. But this was prohibited 
by Augustus, Suet. Aug. 36. An account of their proceedings, bow- 
ever, was always made out ; and under the sucoeedins Eimperors 
we find some senator chosen for this purpose. {Actis vei commenlo- 
riis Senates conficiendis,) Tacit. Ann. v. 4. 

Public registers (ACTA, i. e. tabula vel commentarii) were also 
kept of what was done in the assemblies of the people, and fay 
courts of justice ; also of births and funerals, of marriages and di- 
vorces, &c. which served as a fund of information for historians ; 
hence Dioana Urbis Acta, Tacit. Annal. xiii. 31. Acta PoFULit 
Suet. Jul. 20. AcvA Pubuca, Tacit. Ann. xii. 24. Suet. 316. r. Plin. 



THE aaSNATE. 27 

i^. TiL 33. UftBANA, Id. ix. 15. usually called by the nmple name 
Acta, Cie. Fam. xii- 8. Plin. to. 54. 

SENATUS CONSULTUM and DECRETUM are used promis- 
cnoudy to denote what the senate decreed ; Cic. Ltv. et Sail, passim* 
} So Ckmmdia et JDecreta patrum, Harat But they were also distin- 

\ guished as a gwms and tptete^ : decrttum being sometimes put for a 

' part of the l^)trm, as when a province, au honour, or a supplication 

was decreed to any one, Ftahu. Decretvm is likewise applied to 
others besides the senate ; as, Decreta Cowulim^ Augwrum, Pontlji- 
cunif Deewrionum^ Cmsaris^ Pmcipw, Judieia^ &c. So likewise con- 
stdta, but more rarely ; as Cemutta Sajnentum^ the maxims or opi- 
nions, Cic. deleg. i. 31 Consulia Bdlh determinations, SU. iv. 35* 
Gracohit Id. yii« 24. 

In writing a decree of the senate, the time and place were put 
fint, then the names of those who were present at the engrossing of 
it ; after that the motion, with the name of the magistrate who pro-^ 
posed it ; to all which was subjoined what the senate decreed. Thus, 
Sbvatus Coasulti Auctoritas, Pridie Kal. Octob. in iEoE 
Apollinos, Scribbnpo apfubrunt, L. Domitius, &c. Quod ^f• 

MABCBLtUS Cos. YBRBA FBCIT DB PROVINCIIS CoNSDLARIBUS, DB 
BA RB ITA CBHSUIT, V. CENSUBBUlTT, UTI, dtC. Cic. Ep. FoM. vili. 8. 

Hence, we road, Db ba re Sbnatus consultus ita censuit, de- 
CRBYiT ; also Placere Sbnatui ; Senatum telle et jequuir czvjn 

8BRB ; SbNATUV BXtSTIMARB, ARBlTRARf, ET JUDICARE ; YlDERI Se- 

HATUf, Otc Liv. SalL See. passim. 

If the tribunes interposed, it was thus marked at the end ; Hutc 

SeNATUS CoVSULTO lETTBRCBSSlT C. CoBLfUS, C. PahSA, TrIB. 

Plbb. Cic, Ufid. Sometimes the tribunes did not actually interpose, 
but required some time to consider of it, and thus the matter was 
de laye d, Cic. pro. Sext. 34. 

"When the senate ordered any thing to be done, these words were 
commonly added, PRIMO QUOQUE TEMPORE, as soon as pos- 
e3>le. When they praised the actions of any persons they decreed, 
Eos RECTB AT^UB onDtif E VlDERI FECIS8E, Liv.passim. If the 
contrary, Eos contra rempublicah\ecisse VIDeRI, Id. 

Orders were given to the consuls, {J^egotium datum est ConsuHbus,) 
not in an absolute manner, but with some exception ; Si videretur, 
SI B bepublica esse ducerbnt, Lio. Quod cohmodo Reipublics 
fim posset, C(bs. Vr Comsules alter, ambove, si eis vide a tub 
AD bbllom PROPiciscERENTUR, Cic. When the consuls obeyed the 
orders of the senate, they were said esse vel pore in patrum po- 
TESTATE ; and the senators when they complied with the desh^s of 
thepeople, bsse in popum potestate, Liv. ii. 56. &c. 

When the senate asked any thing from the tribunes, the form was 
Sbnatus censuit, ut cum Tribunis aqer^tur, Liv. xxvi. 33. zxx. 
41. 

The decrees of the senate, when written out, were laid up in the 
treasury, {in JEranum cottdebantWf) where also the laws and other 



38 ROMAN ANTIQTnTIES. 

writings pertaining to the republic were kept. Liv. iii. 9. An- 
ciently they were kept by the ^diles in the temple of Ceres, H. 
iii. S5. The place where the public records were kept was called 
TABULARIUM. The decrees of the senate concerning the hot* 
nours conferred on Ccesar were inscribed in golden letters on columns 
of silver, Dio. xliv. 7, Several decrees of the senate still exist, en- 
graven on tables of brass ; particularly that recorded, Liv. xxxix. 19. 

The decrees of the senate, when not carried to the treasury, were 
reckoned invalid. Suet. Aug. 94. Hence it was ordained, under 
Tiberius, that the decrees of the senate, especially concerning the 
capital punishment of any one, should not be carried to the treasury 
before the tenth day, Taeit. Ann. iii. 51. that the Emperor, if absent 
from the city, might have an opportunity of considering them, and, 
if he thought proper, of mitigating them, Dio. Ivii. 20. Sutt. Tib. 75. 

Before the year of the city 306 the decrees of the senate were 
suppressed or altered at the pleasure of the consuls, Liv. iii. 55* 
Cicero accuses Antony of forging decrees, Phil. v. 4. 

Decrees of the senate were rarely reversed. While a question 
was under debate, {re inUgrd,) every one was at freedom to express 
his dissent {contrcidicere vel dissentire) ; but when it was once deter- 
mined {re peracia)^ it was looked upon as the common concern of 
each member to support the opinion of the majority {quod pluribus 
placuisset^ cunctis tuendum,) Plin. £p. vi. 13. 

After every thing was finished, the magistrate presiding dismissed 
the senate by a set form ; Now amplius vos mohamur, P. C. or Nb- 
HO vos tenet: Nihil vos moramur: Consul, citatis nominibus, 
BT peracta dirgessione, mittit Sbnatum, Plin. Ep. ix. 13. 

7f T%e power of the Senate at different Periods. 

The power of the senate was different at different times. Un* 
der the regal government, the senate deliberated upon such public 
affairs as the king proposed to them ; and the kings were said tQ 
act according to their counsel, (ex consilio Patrum^ Liv, i. 9.) as 
the consuls did afterwards according to their decree, (ex SCto.) Liv. 
iL 2. &c. '^ 

Tarquin the Proud dropped the custom handed down from his 
predecessors, of consulting the senate about every thing ; banished 
or put to death the chief men of that order, and chose no others in 
their room, Liv. i. 49. But this king was expelled from the throne 
for his t)Tanny, and the regal government abolished, A. U. 243. 

After this the power of the senate, was raised to the highest. 
Every thing was done by its authority. The magistrates were in a 
manner only its ministers, (quasi ministri gravissimi concilii^ Cic. pro 
Sextio, 65.) No law could be passed, nor assembly of the people 
held, without their consent ; nisi Patribus au£toribuSf h. e. jubentif 
bus V. permittentibus, Liv. vi. 42. But when the patricians begaii 
to abuse their power, and to exercise cruelties on the Plebians» 
^speciall^ after the death of Tar(][uin, A. U. 257. the multitude tool; 



THE SENATE. 29 

tsrms in tiieir own defence, made a secession from the city, seized on 
Monf Sactr^ and created tribunes for themselves, who attacked the 
authority of the senate, and in process of time greatly diminished it 
by Yarious means ; firsts by the introduction of the Comitia 7Vt6i<<a, 
and the exclusion of the patricians from them, Liv. ii. 60. Then, 
by a law, made by Lsetoriiis tlie Tribune, that the Plebian ma« 
gistrates should be created at the Comitia 7n&u/a, Liv. ii. 56. 
ic 57. Dtonys. ix. 49. Afterwards, by a law passed at the Gh 
milia Centttrialaj by the consuls Horatius and Valerius, that the 
laws passed at the Comitia Tribvia^ {Plebiscita,) should also bind 
die patricians, Liv. iii. 55. And lastly, by the law of Publilius the 
Dictator, A. U. 414. Liv. viii. 12. and of MoBnius the Tribune, A- 
U. 467. Cic. Brut. 14. that before the people gave their Totes, the 
fathers should authorize whatever the people should determine at 
the Comitia Centuriata ; (tii Jierent auctores ejus rei^ qvam p(^ulus 
jussurus tssttj V. in incertum eventum comitiorum^ Liv«) Whoreas 
formerly, whatever the people ordered was not ratiiied, unless the 
ISenators confirmed it [nisipatres auttores fitrtnt^ Liv. i. 17. 22. 17. 
3. 49. Cic. Plane. 3.) But the power of the senate was most of aU 
abridged by the right of the tribunes to render the decrees of the 
s^iate of no effect by their negative, {inttrctdendo.) Still, how- 
ever, the authority of the senate continued to be very great ; for as 
power and majesty properly belonged to the people, so did authority^ 
splendour, and dignity to the senate. {Potestas in populo, aucioritas 
in senatUf Cic. Legg. iii. 12. Locus^ aucioritas^ domi splendor ; cptiJ 
exUras naltones nomen et gratia^ Id. pro Cluent. 56.) 

The Senatorian order is called by Cicero, Ordo ainplisstmus €t 
sanetissimus ; swmnum Populi Romania populoriunque et gentium 
omnium ac Regum consilium ; pro Dom. 28. And the Senate-house, 
T^mplum sanctitatisy amplitudinisy mentis ^ consilii publicij caput urbis^ 
ara sociorutHj portus omnium gentium^ ,&c. pro Milone^ 33. Hence 
senators in foreign countries were treated with the highest respect, 
Cic. in Verr. iv. IL. And as senators were not allowed to leave 
Italy without permission {sine commeatu) Cic Attic, viii. 15. Suet 
Claud. 16. & 23. Ner. 25. unless to Sicily and Gallia Narbonensis, 
Dio. liii. 42. when they had occasion to travel abroad, they usually 
obtained the privilege of a free legation^ as it was usually called 
sine mandatisj sine ullo reipuilica munere; ut h<Breditates . out syii^ 
graphus suas persequerentur,) Cic. de L^. iii. 8. Ep. Fam. xL 1. 
Att. XV. 12. Suet. Tib. 31. which gave them a right to be treated 
every where with the honours of an ambassador. In the provinces 
they had lictors to attend them, Ct<?. Ep. Fam. xii. 21. And if they 
had any law-suit there, they might require that it should be remitted 
to Rome, lb. xiii. 26. The advantages of honour and respect were 
the only compensation which senators received for their attention 
to public a0airs. Cic. Cluent. 55. 

Although the supreme power at Rome belonged to the people, 
yet they s^dom enacted any thing without the authority of the 



30 ROMAN ANTIQUITIES. 

Date* In all weighty aflfairs, the method usually observed was, that 
the senate should first deliberate and decree, and then the people 
order. Senatus censcit v. decrevit, Populus jussit. Liv. u 17» 
iv« 49. X. 12. 45. xxxvii. 55. &c. But there -were many things of 
great importance, which the senate always determined itself, unless 
when they were brought before the people by the intercessions of 
the tribunes. This right the senate seems to have had, not from atnr 
express law, but by the custom of their ancestors, Ctc. de Oral. i. bzL 

1. The senate assumed to themselves the guardianship of the 
public religion ; so that no new god could be introduced, nor altar 
erected, nor the Sybiiline books consulted, without th^ order, Ltv. 
it. 45. Ctc. de Div. 48. 54. 

2. The senate had the direction of the treasury, and distributed 
the public money at pleasure, Cic. ih Vatkt. 15. Liv, xxxvii. 54. 
They appointed stipends to their generals and officers, and provi** 
sions and clothing to their armies, Polyb. vi. 11. 

3. They settled the provinces, which were annually assigned to 
the consuls and praetors, and when it seemed fit they prolonged their 
command, Cic. pro Dwn. 9. 

4. They nominated out of their own body all ambassadors setat 
from Rome, Liv. ii. 15. xxx. 26. xlii. 19. et alibi passim; and gave 
to foreign ambassadors what answers they thought proper, Ctc. in 
Fatin. 15. Dom, 9. Lit. vi. 26. vii. 20. xxx. 17. 

5. They decreed all public thanksgivings for victories obtained ; 
and conferred the honour of an ovation or triumph, with the title of 
IMPERATOR, 6n their victorious generals^ Cic. Phil. xiv. 4. & 5v 

, Li«. 23. Polyb. vi. 11. 

6. They could decree the title of kins to any prince whom they 
pleased, and declare any one an enemy by a vote, Cas. Lit. el Cic. 
passim. 

7. They inquired into public crimes or treasons, either in Rome 
or the other parts of Italy, Liv. xxx. 26. and heard and determined 
all disputes among the allied and dependent cities, Ctc. Off. i. 10. 
Polyb^m. 11. 

8* They exercised a power, not only of interpreting the laws, 
but of absolving men from the obligation of them, and even of abro- 

ring them, Cic. pro Dom. 16. 27. pro lege Manil. 21. c^e Legg.n. 
^scon. in Cic. pro Cornel. Plin. Episi. iv. 9. 
9. They could postpone the assemblies of the people, Ctc. pro 
Mur. 25. Atu iv. 16. and prescribe a change of habit to the city, in 
cases of any imminent danger or calamity, Cic, pro Sext. 12. But 
the power of the senate was chiefly conspicuous in civil dissentions 
or dangerous tumults within the city, in which that solemn decree 
used to be passed, ^ That the constils should take care that the re- 
public should receive no harm ;" Ut consnlus darent operam^ ne quid 
detrimenti respublica caperet. By which decree an absolute power 
was granted to the consuls, to punish and put to death whom they 
pleased, without a trial ; to raise forces, and carry on war without 
the order of the people, Sallusi de bello Cat. 29. - 



THE SENATE. 31 

This decree was called ULTIMUM or EXTREMUM, dzs. dc 
Betl. Civ^ i. 4. and Forma SCli vltimd necessitaiisy Uv. iii. 4. By 
it the republic Was said to be intrusted to the consuls, /^ermtKt v. 
c^mmenaari connilibu8 ; or permitii consulihvs ut rempublicam defen- 
derent^ Cic* Sometimes the other magistrates were added, Cos, 
Und. lAv. vi 19. Sometimes only one of the consuls is named, as 
in the commotion raised by C. Gracchus, Ut L. Opimius Connii vt^ 
deretf &c, because his colleague Q. Fabius Maximus was absent, Cic^ 
in Cat. i. 3. So Lav. iii. 4. 

Although the decrees of the senate had not properly the force of 
laws, and took place chiefly in those matters which were not provi- 
ded for by the laws ; yet they were understood always to have a bind- 
ing force, and were therefore obeyed by all orders. The consul* 
themselves were obliged to submit to them, Ltv. iv. 26. xlii. 21. They 
could only be annulled or cancelled, {induci^ i. e. deleri, poterant,) 
by the senate itself, Cic. pro Dom. 4. ^tlic, i 17. Their force how- 
ever in certain things was but temporary ; and the magistrates some- 
times alleged, that they were binding but for one year, Diomfs. ix. 
37. In the last age of the republic, the authority of the senate was 
little regarded by the leading men and their creatures, Ck. pro 8exL 
\%, who, by means of bribery, obtained from a corrupted populace 
what tliey desired, in spite of the senate, w^p;7ian de belL civ. ii* 433. 
&c. Thus Caesar, by the Vatinian law, obtained the province of 
Cisalpine Gaul and lllyricum for five years from the people, and 
aoon after Gallia Comata or Ulierior, from the senate ; the fathers 
being afraid, lest, if they refused it, the people should grant him 
that too. Suet. JulL 22. Plviarch. in vita Ccds. Bat this corruption 
and contempt of the senate at last terminated in the total subver- 
sion of public liberty. 

Cicero imagined, that, in his consulship, he had established the 
authority of the senate on a solid basis, by uniting it with the eques- 
trian order, Cic. Cat. iv. 10. Pis. 3. thus constituting what he calls 
Optima Rksfublica. ; atuB tit in potestatem optimorum^ i. e. nobilu 
urn et ditissimormny de l^gg. ui. 17. (afirrox(>ar€ia,) and ascribes the 
rain of the repoblic to that coalition not being preserved, »dtt. i. 14. 
16. But it was soon after broken (ordinwn concordia disjtmcta etty 
Cic. Att i. 13.) by the refusal of the senate to release the equxtea 
from a disadvantageous contract concerning the A«atic revenues, 
Cic. Alt. 1. 17. which gave Ceesar, when consul, an opportunity of 
obliging that order, by granting their request, as he bad formerly 
obliged the populace by an agrarian law, Suet. Cas. 20. Cic. Att. 1. 
15. and thus of artfully employing the wealth of the republic to en- 
slave it, Dio. xxxviii. 1. & 7. See Leges Jdlijb. The senate and 
tqvitta had been formerly united, SaUust Jvg. 42. and were after- 
wards disjoined from similar motives. See Leges SemproniA) ds 
judicUe. 

Augustus, when he became master of the empire, retained the forms 
of the ancient republic, and the same names of the magistrates: 



32 ROMAN ANTIQUITIES. 

but left nothing of the ancient virtue and liberty (prisci et irdt^rt 
morsif) Tacit. Ann. i. 3. While he pretended always to act by Uid 
authority of the senate, he artAilly drew every thing to himselL 

Tiberias apparently increased the power of the senate, by trans- 
ferring the right of creating magistrates, and enacting laws, from the 
comiiia to the senate, Tacit, Ann* i. 15. In consequence of which, 
the decrees of the senate obtained the force of laws, and were more 
fi^quently published. But this was only a shadow of power ; for 
the senators, in giving their opinions, depended entirely on the will ^ 
of the prince ; and it was necessary that their decrees should be 
confirmed by him. An oration of the emperor was usually prefix- 
ed to them, which was not always delivered by himself, but was 
usually read by one of the quaestors, who were called Candidati, 
SueL Tit, 6. Aug, 65. Hence what w^as appointed by the decrees 
of the senate, was said to be oratione prindpis cautum / and these 
orations are sometimes put for the decrees of the senate. To such 
a height did the flattery of the senators proceed, that they used to 
receUre these speeches with loud acclamations, Plin. Paneg. 75.. 
and never failed to assent to them ; which they commonly did by 
crying out Omnks, Omnjcs, Vapisc. in Tacit. 7. 

The messages of the Emperors to the senate were called EPISi 
TOhJEy or LiBELLI ; because they were folded in the form of a 
fetter or little book. I. Caesar is said to have first introduced these 
libeHa, Plutarch, in Vita Cses. Suet. Jul. 56. which afterwards eame 
to be uded almost on every occasion, SueL Jul. 81. Aug. 53. & 84. 
Tadt AnnaL iv. 39. 

But the custom of referring every thing to the senate {SueU Tib. 30,) 
was only observed till the Romans became habituated to slavery. 

After this, the Emperors gradually began to jorder what they 
thouj^ht proper, without consulting the senate ; to abrogate old laws 
and mtroduce new ones ; and, in short, to determine every thing ac- 
cording to their own pleasure ; by their answer to the applications 
or petitions presented to them, (/?C5 RESCRIPTA ad libellos;) 
by their mandates and laws {per EDICTA ct CONSTITUTIO- 
N£S,) &c. Vespasian appears to have been the first who made 
use of these rescripts and edicts. They became more frequent un- 
der Hadrian : from ^hich time, the decrees of the senate, concern- 
ing private right, began to be more rare ; and at length under Ca- 
racalla were entirelv discontinued. 

The constitutions of the Emperors about punishing or rewarding 
individuals, which were not to serve as precedents, were caHed 
PRIVILEGIA, (quasi pnva leges,) A. Gell. x. 20. This word an- 
ciently used to. be taken in a bad sense ; for a private law about in- 
flicting an extraordinary punishment on a certain person without a 
trial, Cic. de Legg. iii. 19. as the law of Clodius against Cicera, 
Ctc. pro Dom. 17. which Cicero says was forbidden by the sacred 
laws, and those of the twelve tables. Leges privalis hominibus irro^ 
gari : id est enim privilegiumy Ibid, et pro SexU 30. 



THE EQU1TE8. 33 

The righto or advantages (beneficia) mnied to a cc^rtain condition 
or class of men« used also to be called Frivileqia ; Plin. x. 56. 57. 
110. as the privileges of soldiers, parents, pupils^ creditors, &c. 

The various laws and decrees of the senate, whereby supreme 
power'was conferred on Augustus, and which used to be repeated to 
succeeding EmpiBrors upon their accession to the empire, {Turn se- 
natus omniOf principibus solita, Vtspasiano dtcrevit. Tacit. Hist 
iv. 3.) when taken together are called the Royal Law ; (LEX RE- 
GU, vel LEX IMPERII, et AUGUSTUM PRlVILEGtUM :) 
probably in allusion to the law, by which supreme power was grant- 
ed to Romulus, Liv, xxxiv. 5. 

' THE EQUITES. 

The Eqveiies at first did not fprm a distinct order in the state. 
When Romulus divided the people into three tribes, he chose from 
each tribe 100 young men, the most distinguislied for their raiik^ their 
wealth, and other accomplishments, who should serve on h6rseback« 
and whose assistance he might use for guarding his person. .Thesp 
300 horsemen were called CELERES, {rax^Ti l*ikoL spya an opera 
veloceSf Dionys. ii. 13^ vel a xsXi]^, eques desultorius ;,vel a CeliprEv 
eorvm prmfecta, Festus ;) and divided into three centuries, wKioh 
were distinguished by the same names with the three tribes ; name- 
ly, RAMNENSES, TATIENSES, and LUCERES. 
' The number of the Eqttites was afterwards increased^ first by Tut 
lus Hostilius, who chose 300 from the Albans, decern {lurmas : TUR» 
MA, quasi terma dicta est, quod ter denis eqvitibia constaretf VarrO ' 
et Festus) Liv. i. 30. then by Tarqainius Priscus, who doubled 
their number,, (JVtimero altetum tantum adjecit ;) retajning the num- 
ber and names of the centuries ; only those who were added, were 
oaUed Ramnenses, Tatienses, Luceres^ posteriores. £ut as Livy say^ 
tbere were now 1800 in the three centuries, Tarquin seems tohav^ 
more than doubled them, Liv. i. 36. ^ 

Servius Tullius made eighteen centuries of Eqmles ; he cbosf 
twelve new centuries from the chief men of the state, and made six 
others out of the three instituted by Romulus. Ten thous?ind poqnd^ 
of brass were given to each of them to purchase horses ; and a tai: 
• . ^^was laid on SMltapVy who were exempt from other contributions^ 
Wv***" for maintaining their horses, Zir. i. 43. Hence the origin of the 
Equestrian order, which was of the greatest utility in the state, as 
an mtermediate bond between the patricians and plebeians. 

At what particular time the Equites first began to be reckoned r 
distinct order, is uncertain. It seems to have been before the ex- 

Kttlsion of the kingsy Liv. ii« I. After this all those who served oa 
orseback were n6t properly called EQUITES or knights, but such 
only as were chosen into the equestrian order, usually by the cen* 
sor, and presented by him with a horse aj the public expense, and 
with a gofd ring. • • j 

The Equites were chosen promiscuously from the patricians and 



/ 



34 ROMAN ANTIQUITIES. 

{lebeians. Those descended from ancient families were called IL- 
.USTRES, SPECIOSI, and SPLENDIDI. They were not limit, 
ed to any fixed number. The age requisite was about eighteen years, 
Dio. Hi. 20. and the fortune {census f) at least towards the end of the 
republic, and under the Emperors, was 400 SesUrtlay that is, about 
3229/. sterling, HoraL Ep, i. 1. 57, Plin. Ep, i, 19. According to 
some, every Koman citizen, whose entire fortune amounted to that 
sum, was every ^5/nim enrolled, of course, in the list of Eqmtts^ 
But that was not always the case, Liv. v. 7. A certain fortune 
seems to have been always requisite, Liv, n\. 27. 

The badges of EquiUs were, 1. A horse given them by the pub- 
lic; hence called leoitimus, Ovid. Fast. iii. 130. 2. A golden 
ring, whence annulo aurbo donari, for inter equiies legi, 3. An- 
gustus ClavuSf or Tlmica angusticlavia ; 4. A separate place at the 
public spectacles, according to. the law made by L. Roscius Otho, a 
tribune of the people, A. U. 686, Dio, xxxvi. 25. JivoenaL iii. 159% 
xiv. 324. That the Equites should sit in 14 rows {in XIV. gradi- 
hus^) next to the Orchestra^ where the senators sat ; whence Sede- 
rs IN QuATuoRDEcitf, or IN Equestribus, or Spectare in Equites, 
for Equitem esse. Suet. 

The office (MUNUS) of the Eqmtes at first was only to serve in 
the army ; but afterwards also to act as judges or jurymen, {utjudi^ 
earenty) and to farm thid public revenues, (vectioalia conducere.) 
Judges were chosen from the senate till the year of the city 631, at 
which time, on account of the corruption of that order, the right of 
judging was transferred from them to the equites^ by the Sempro- 
nian law, made by C. Gracchus. It was again restored to the se« 
iiate by Sylla ; but afterwards shared between the two orders. 

The Equites who farmed the revenues were divided into certain 
Ijocieties, and he who presided in such a society, was called MAGIS- 
TER SOCIETATIS, Cic Fam. xlii. 9. These farmers (PUBU- 
CANI) were held in such respect at Rome, that Cicero calls them 
Homines amplissimif honestissimiy et ornalissimi ; pro l^;e ManiL 7. 
Uos equitum Romanorum^ ornamentum civiiati^^ Jirmamfinium rei* 
puhlica, pro Plancio, 9. But this was far from being the case in the 
provinces, where publicans were held in detestation^ Ascon. in Cic. 
Verr.ri, 3. especially their servants and assistants. 

A great degree of splendour was added to the Equestrian order 
by a procession, (TRANS VECTIONE,) which they made through 
the city every year on tlie 15th day of July, {Idibus Quinctilibus,^ 
Liv. ix. 46. from the temple of Honour, or of Mars, without the city, 
to the Capitol, riding on horseback, with wreathes of olive on their 
heads, drest in their Togcs palmattz^ or trabea^ of a scarlet colour^ 
and bearing in their hands the military ornaments, which they had 
received from their general, as a reward for their valour, Diow/s^ vL 
13. Plin. XV. 4. s. 5. At this time it was not allowable to cite tliem 
before a court of justice ; such at least was the case under Auguft-^ 
tus, Suet. Aug. 38. 



THE EQUITES. » 

' Every fifth year, "when this procession was made, the Equites rode 
up to the Censor seated in his curule chair, before the Capitol, and 
dismounting, led along (traducebant) their horses in their hands 
before him, Ck. CluenL 48. QtdnctiL v. 11. 13. and in this manner 
they were reviewed, (RECOGNOSCEBANTUR.) 

If any Elques was corrupt in his morals, or had diminished his for* 
tune, or even had not taken proper care of his horse, Gell. iv. 20. 
the Censor ordered him to sell his horse, Liv. xxix. 37. and thus he 
was reckoned to be moved from the equestrian order ; hence ADI- 
MERE EQUUM, to degrade an Elques ; but those whom the Cen- 
sor approved, were ordered to lead along {iraductrt) their horses, 
Ovid. Trist. ii. 89. 

At this time also the Censor read over a list of the Equitesy and 
such as were less culpable {qui minore cttlpA tenerentur) were degnt- 
ded, (oRDiNK E^nEsTRi MOTi SUNT,) onty by passing over their 
names in the recital. Suet. Cal. 16. We find it mentioned as a re- 
ward, that a person should not be obliged to serve in the arm^, nor 
to maintain a public horse, (ne inmius militaret, nevt Censor et quum 
publicum assignaret ;) but this exemption could be granted only by 
the people, Ltv. xxxix. 19. 

The Eques whose name was first marked in the Censor's books, 
was called EQUESTRIS ORDINIS PRINCEPS, Plin. Ep. i. 14- 
or PRINCEPS JU VENTUTIS ; not that in reality the Equites 
were all young men, for many grew old in that order, as Maecenas 
and Atticus ; and we find the two Censors, Livius and Jiero^ were 
Equitesy L\v. xxix. 37. but because they had been generally so at 
their first institutions ; and among the Romans, men were called Jti* 
venesy till near fifty. Hence we find Julius Cassar called Adoleseen" 
tulusy when he stood candidate for being high-priest, although Im 
was then thirty-six years old, SalL Cat. 49. And Cicero calls )\\m?' 
ee\{ Adolescens when he was Consul, Phil. ii. 5. Under the Empe- 
rors, the heirs of the empire were called Principes Juventulisy Suet 
CaVig. 15. veL juvenum^ Ovid. Pont iL 5. 41. We find this name 
also applied to the whole Equestrian order, Liv. xlii. 61. 

THE PLEBEIAN OR POPULAR ORDER- 

^All the ether Roman citizens, besidesihe Patricians and Equites^ 
were called PLEBS or POPULUSJ ropulus sometimes compre- 
hends the whole nation ;^as, CL£M£imA Romani Popdu ; or all the 
people except the senate ; as, Senatus popdlusqde Rom anus, Ip 
which last sense plebs is often used ; as when we say, that the Con- 
suls were created firom the Plebeians^ that is, from those who were 
not Patricians. (But plebs is usually put for the lowest common 
people j) hence, ad populum plehemque referrty Cic Fam. viii* 8. 
So GelL X. 10. Thus Horace, PUbs eris, i. e. unus e pUbe^ a ple- 
beian, not an Eques, Ep. i. L 59. who also uses pUbs for the whole 
people, Od. iil 14. 1. 

f The common people who Uved in the country, and cultivated th^ 



36 N ROMAN ANTIQUITIES. 

ground, were called PLEBS RUSTICA| Lit. xxxt. 1. Anciently 
the Bcnators also did the same, Cic, dc Sen, 16. but not so in after 
times, Liv. iii. 26. (The common people who lived in the city, 
inerchanlSi mechanics, &;c. Cic. Off. i. 42. were called PLEBS 
URBANA JS«//. Cat. 37. Both are joined, lb. Jug. 73. 

IThe Pl^bs rustica was the most respectableJj(o/3/i»ui et modeS' 
Msima^Cic^ KuIL ii. 31. laudalissima, Plio. xviii. 3.) ( The Plsbs 
URBAN A was composed of the poorer citizensjbnany of whom follow^ 
ed no trade/but were supported by the public and private largesse^ 
(eos. publicum malum ultbat ; Saliust. Cat 37.) In the latter ages 
of the republic an inmiense quantity of com was annually distributed 
among tnem at the public expense, five bushels monthly to each 
man, Sallust. fragm. edit. Coriiu p. 974 ^heir principal business 
was to attend on the tribunes and popular magistrates in their as- 
semblies ; hence they were called turba forensisJLiv. ix. 46. and 
^rom their venality and corruption, Oper« coNDuc5Tii^el mercenarii^ 
ifi allusion to mercenary workmen^ Cic. Sext. 17. & 27, Q,fralr. ii. 
1. Alt. i. 13. Opera conductorum. Sext. 50. multitudo conducta, 
Phil. i. 9. coNCioKEs coNDucTjE, Sext. 49. and 53. ConcionauS 
nmuDO cerarii, misera ac jejuna plebkgula, Ait, \. 16. Faex et sor- 
viz& uRBis. lb, 13. Urbana tl perdita Plebs, Id. vii. 3. 

Cicero often opposes the populace, (populus, piths, mnltitud^f 
ttnuiores, &c) to the principal nobility, (principes delecti, Optimait8 
€t Optvnatium principes, konesti^ Loni, locupletes, ^c.) Cic. Sext. 48. 
68. &c 

There were leading men among the populace, {dures multitudinum,) 
kept ID pay by the seditious magistrates, who used for hire to stimu* 
late them to the most daring outrages, Sallust. Cat. 50. Cic. Sexi^ 
37. 46. rThe turbulence of the common people of Rome, the natu- 
ral effect of idleness and unbounded licentiousness, is justly reckoned 
among the chief causes of the ruin of the repubiicJTrade and manu« 
factures beinff considered as servile employments, Sallust. Cat. 4. 
Dionj/s. ix. 25. they had no encouragement to industry ; and the 
numerous spectacles which were exhibited, particularly the shows of 
gladiators, served to increase their natural ferocity. Hence they 
were always i;^ady to join in any conspiracy against the state, SaU 
lust. Cat. 37. 

OTHERDIVISIONS OF THE ROMAN PEOPLE. 

h PATRONS AND CLIENTS ; NOBILES, NOVI, AND IG- 
NOBILES ; OPTIMATES AND POPULARES. 

I That the patricians and plebeians might be connected together 
by the strictest bonds, Romulus ordained that every plebeian should 
choose from the patricians any one he pleased, as his PATRON or 
protector, whose CLIENT he was called^(9i/or/ eum colebat.)\ It 
was the part of the Patron to advise and to defend bis Client, to 
Insist bim with his interest and substance ; in shorty to do every 



PATRONS AND CLIENTS, &c. 37 

thing for him that a parent uses to do for his children. The Client 
was obliged to pay all kind of respect to his patron, and to serve him 
M^ith life and fortune in any extremity J/)toRy^. ii. 10. 
jjK It was unlawful for Patrons tnd CliAits to accuse or bear witness 
against each other ; and whoever was found to have acted other- 
wise, might be slain by any one with impunity, as a victim devoted 
to Pluto, and the infernal gods. Hence both Patrons and Clients vied 
with one another in fidelity and observance, and^ for more than 600 
years, we find no dissentions between them. Ibid. Virgil joins to the 
crime of beating one's parent that of defrauding a client, Mn. vi. 
605, It was esteemed highly honourable for a patrician to have nu- 
merous clients, both hereditary, and acquired by his own merit* 
IhraL Ep. ii. J. 103^ JuvenaL x. 44. 

\In after times, even cities and whole nations were under the pro« 
tection of illustrious Roman families Jas the Sicilians under the pa- 
tronage of the Marcelli, Cic. in Cmm. 4. Verr. iii. 18. Cyprus and 
Cappadocia under that of Cato, Cic. Fam. xv. 4. the Allobrdges an* 
der the patronage of the Fabii, SallusL Cat. 41. The Bononienses^ 
of the Antonii, Suet. Aug. 17. Lacedaemon, of the Claudii, Id. Tib. 6. 
Thus the people of Putedli chose Cassius and the Bruti for their 
patrons, Cic. Phil. ii. 41. Capua chose Cicero, Cic. Pis. 11. Fank 
xvi. 1 L &c. This, however, «eems to have taken place also at an 
eariy period, Liv. ix. 20. &c. 

^hose whose ancestors or themselves had borne any Curule ma« 
giltracy, that is, had been Consul, Praetor, Censor or Curule iEdile, 
were called NOBILESJtnd had the right of making images of them* 
selves, (JUS IMAGINlJM,) which were kept with great care by 
their posterity, and carried before them at funeral^P/w. xxxv.. 3. 

(These images were nothing else but the busts or the effi^s of 
persons down to the shoulders, made of wax and painted ; which 
they used to place in the courts of their housesJK a^na,) enclosed in 
wooden cases, and which they seem not to havB brought out except 
on solemn occasions, Polyh. vi. 51. There were titles or inscriptions 
written below them, pointing out the honours they had enjoyed, and 
the exploits they had performed, (Juvtiml. Sat. viii. 69. PHn. xxxvi 
2.) Hence imagines is often put for nobilitas, Sallust. Jug. 85. Liv. 
iii. 58. and cera for imagines, Ovid. Amor. i. 8. 65. Anciently this 
right of images was peculiar to the patricians ; but afterwards the 
plebeians also acquired it, when admitted to curule offices. 

/Those who were the first of their family that had raised themselves 
to any curule office, were called homines NOVynew men or upstarts. 
Hence Cicero calls himself /fomo />er se cognuus^ in Cat. i. 11. 

I Those who had no images of their own or of their ancestors, were 
called IGNOBILES/ 

/Those who favoured the interests of the senate, were called OP* 

,TIMATES,/Z4r. ii. 39. and sometimes Proceres or Prmcipes. 

iThose who studied to gain the favour of the multitude, were called 

POPULARES, of whatever oitler they \9ere,^ Cic. fro. Seat. 45. 

i 



38 ROMAN ANTIQUITIES. 

This was a division of factions, and not of rank and dignity, Dumyi. 
ix. i. The contests betwixt these two parties excited the greatest 
commotions in the state, which finally terminated in the extinction 
of liberty. 

11. GENTES and FAMILI^ ; NAMES of the Romans ; INGE- 

NUI and LIBERTINI, &c. 

XxHE Romans were divided into various clans, (GENTES,) and 
eachgen^ into several families, (in Familias v. Stirpes.)/ Thus in 
the Gens Cornelia were the families of the Sdpiones^ Ee^tuli, Ce- 
ihegi^ DolabellcB, Cinms, Sylla^ &c. iThose of the same gens were 
called GENTILES, and those of thfe same family, AGN ATM Cic. 
Top. c. 6. Festus in Voce Gbntilis. But relations.b^ the father^a 
side were also called Agnatij to distinguish them froniKognati^ rela- 
tions only by the mother's side. ' An Agnaius might \lso be called 
CognatuSf but not the contrary! Thus Patruusy the father^s brother, 
was both an asanalus and cognatus ; but atmncviusj the mother^s 
brother, was oiily a cognatus. Digest. 

> Anciently patricians were only said to have a gens^Liv. x. 8. 
Hence some patHcians were said to be majorum gentium, and others 
minonmi gentium^ Cic. Fam. ix. 21/ But when the plebeians ob« 
tained the right of intermarriage witn the patricians, and access to 
the honours of the state, they likewise received the rights of gentesJ 
(jura gentium, vel gentilia /) which rights were then said to be con- 
lounded by these innovations, Liv. iv. 1. &c. Hence, however, 
some gentes were patrician, and others plebeian ; and sometimes in 
the same gens there were some families of patrician rank and others 
of plebeian. Suet. Tib. 1. Hence also sine gente, for libertinus et non 
generosiLs ignobly born, Horat. Sat. ii. 5. 15. 

yTo mark the different gentes nnd familice, and to distinguish the 
individuals of the same famil^tthe Ronians, at least the more noble 
of them, had commonly three namesJlhe Pranomen, Nomen, and 
Cognomen, JuvenaL v. 126. Quinctil. 3. 27. 

p'he PRiENOMEN was put first, and marked the individual. It 
was commonly written with one letter ^as A. for Aulus ; C Caius ; 
D. Decimus ; K. Kizso ; L. Lucius ; Jn. Marcus ; M\ Manius ; •AT. 
J^umerius ; P. P^ublius ; Q. Quintus ; T. Titus ; sometimes with two 
letters ; as, Ap* Appius ; Gn. Cneius ; Sp, Spurius ; 7K. Tiberius , 
and sometimes with three ; as. Mam. Mamercus ; Ser. Servius ; Sex, 
Sfxtus. 

I The NOMEN was put after the Prwnomm, and marked the gens, 
and commonly ended in ius k as, Cornelius, Fabius, Tollius, Julius, 
Octavius, &c. 

fThe COGNOMEN was put last, and marked the familia^BS, Ci^ 
cero, Ccesar, &c. Thus in Publius Cornelius Scipio^ Publius is the 
Prcmomen ; Cornelius, the Nomen ; and Scipio, the Cognomen. 

Some gentes seem to have had no surname ; as, the .A/anon : thus, 
C. Marius, Q. Sertoriuu, L. MummiuSf Pkitarcb^ in Mario. Gchm 



6ENTES, FAMILLS, &c. S» 

hndfamilia seem sometiiiies to be put the one for the other : tfaw, 
FabiagenSf Y.familia^ Liv. ii. 49. 

Sometimes there was also a fourth name, called the AGNOMEN, 
or Cognomen^ added for some illustrious action or remarkable event 
Thus Scipio was named ^fricanus, from the conquest of Carthage 
and Africa. On a similar account, his brother Lucius Cornelius 
Scipio was named Asiaticus. So Quintus Fabius Maximus was call- 
ed Cunctator, from his checking the impetuosity of Hannibal by de- 
clining battle. We iSnd likewise a second Agnomen or Cognomen^ 
added ; thus, the latter Publius Cornelius Scipio Africanus is called 
^milianuSf because he was the son of L. ^milius Paulus, and 
adopted by the son of the great Scipio, who had no children of his 
own. But he is commonly called by authors Africanus Minor^ to 
distinguish him from the former Scipio Africanus. 

The Romans at first seem to have had but one name ; as Romulus^ 
Remus J d&c : or two ; as, J^uma PompUius^ Tullus Hostilius^ AncuM 
Jilartiusj Tarqidnius Priscus^ Servius Tuilius^ Sextus Tarquinius, 
But wheii they were divided into tribes or clans and families, {in 
gentes et fatnUias^ they began commonly to have three ; as, L. Ju- 
nius Brutus^ M. Valerius Poplicola^ &c. 

t The three names, however, were not always used ; commonly 
two, and sometimes only one, namely, the surname/Sa//. Cat, 17« 
Cic. EpisL passim. But in speaking to any one, thepratnomen was 
generally used, as being peculiar to citizens : for slaves had no prct" 
nomen. Hence, Gaudent prmnomine moths auricula^ Hon Sat iL 
5.^ 

/The surnames were derived from various circumstances, either 
from some quality of the mind^s Caio from wisdom, i. e. Catus^ 
wise, Cic. dc Sen, 2. &o| or from the habit of the body ; as CalvuSf 
Crassus, Macer, &c. Certain surnames sometimes gave occason to 
jests and witty allusions ; thus, Astna^ Hor. £p. i. 13. 9. So Serra* 
nus Calatinus^ Cic. pro Sext 33. Hence also in a different sense, 
Yirgil says, Vtl le sulco^ Serrane, sereniem^ iEn. vi. 844 ; for Q. 
Cincinnatus was called Serra^nus, because the ambassadors from 
the senkte found him sowing, when they brought him notice that he 
was made dictator, Plin, xviii. 3. 

iThe Pranomen used to be given to boys, on the 9th day, which 
•was called dies lustricus, or the day of purification, when certain re- 
ligious ceremonies were performed jMacro6. Sal. 1. 16. Suet Jier» 
6. The eldest son of the family usually got the Pranomtn of the 
father ; the rest were named from their uncles or other relations. 

f When there was only one daughter in a family, she used to be 
called from the name of the gens J thus, T^^llia, the daughter of Ci- 
cero ; Julia, the daughter of Caesar ; Octavia, the sister of Augustus, 
&C. and they retained the same name after they were married. 
When there were two daughters, the one was called Major and the 
other Minor ; thus, Cornelia Major, Cornelia Minor, nt there were 
more than two, they were distii^shed by their number ;.*hus, Prt- 



40 ROMAN ANTIQUITIES- 

nuif Sectmdaf Tertia^ Quarta, Quintan &c Yarro de Lat. Ling. viti. 
38. Suet. Jul. 50. Or more softly, Tertilla, QmrtiUa, Quintilia, 
fitc. Cic Att. xiv. 20. Women seem anciently to have also had 
praanomens, which were marked with inverted letters ^ thus, 3 for 
Caia^ 'J for LtLciUf &.c. 

During the flourishing state of the republic, the names of the 
gtnieSf and surnames of the familia always remained fixed and cer* 
tain. They were common to all the children of a family, and des- 
cended to their posterity. But after the subversion of Uberty, they 
"vi^e changed and confounded.* 

fThose were called LIBERl, free, who had the power of doing 
what they pleased^ iTiiose who were born of parents who had been 
ahvays free, were called lNGENUI^{Slaves made free were called 
LIBERTI and LIBERTINL/ fthey were called Liberti in relation 
to their masters, and Libertini in relation to free-born citizens^ thus, 
JLibertus meusy libtrtus Ccesaris, and not iibertinus ; but libertmus ho' 
tnOi i. e. non ingenuus* Servus cum manu mittitur,fil Iibertinus, {non 
liber tus,) Quinctil. & 3. 27. 

Some tliink that Libertini were the sons of the Liberti, from Sue* 
tonius, Claud. 24. who says, tlrnt they were thus called anciently : 
flo Isidor, ix. 4. but this distinction never occurs in the classics. On 
the contrary, we find both words applied to the same person in wri- 
ters who fiourished in different ages. Plaut. Mel. Glor. iv. 1. 15. dt 
1& Cic. in Vtrr. i. 47. Those whom Cicero, dt Oral. i. 9. calls Lt- 
bertinif Livy makes qui servituttm servissent^ 43. 15. Hence Sene- 
ca often contrasts Strvi el Liberia Ingenui et Lxbtriiniy de Vit. Beat* 
34. Ep. 31. &€. 

SLAVES. 

i Men became slaves among the Romans by being taken in war, by 
sale, by way of punishment, or by being bom in a state of servitude, ' 
(£><rpi aut nascebantur aut ^ebani.) '^ 

L^Those enemies, who voluntarily laid down their arms, and sur- 
rendered themselvesi, retained their rights of freedom, and were call- 
ed DEDlTITn,lLii?. vii. 31. Cas. \. 27. I But those takea in the 

* The first imposUion of iiames was founded on difTerent views, among differept 
people : tbe mo.st common was to mnrk the good wishes of the parents. Hence Vic^ 
tor, FaustHS, Probus, Uc. Such names are by Cicero called bona lomina, and by Ta^ 
citiis Janata. The greatest part u{ names found in Homer are marks of distinction, 
given in honour of the qualities most esteemed in the heroic ages. Such were Ttt^ 
peUmuSj Aiupkimachus, Eumedes^ Patroclus, 4&c. Hence Camden takes it for grant- 
ed, that names in all nations and languages are significative. The ancient Briiong 
generally took their names from colours. Our Christian names are derived from 
▼arioos languages; Ist, from the Hebrew, as David, Sampson^ Daniel: 2d, from \h9 
German, as llobert, Williamt Henry : 3d. from the Greek, as Peter, Andrew, George, 
d&c. : from the Latin, as > ompey, Claudius, Lucius, &.g. See Camden's Remains^ 
In Monasteries the Ae/i^iM assume new names at thoir admittance. Tbe Popea 
al«o changed ibeir names at tiieir exaltation to tbe Pontificate. Towards tbe mid' 
die of the I5lh ceuturv» it was the faucy of the learned men of tbe age, particularly 
in Italy, to change their baptismal names for classical oues. For the origin and time 
of introdactioQ ofrarnamea, &c« see Eneychprndia BriktnUa, 



/ 



SLArES. 41 

1 

field, or in the fltormtng of ckies. \eere sold by auctioii|[«u& eor<m9t 
as it was termed, Liv. v. 22. &c.^becd.use they wore a crown when 
sold ; or sub hasta^ because a spear was get up where the crier or 
auctioneer stOod.%\;They were called SEKVlMqtwd essmlTfello Mtv 
vati^) Isidor. ix. 4 or MANCIPIA, {quasi manu c€^ti,) Varr. L. L. 
V, 8. 

2./There was a continual market for slaves at Rome. Those who 
dealt in that trade (MANGONES yel VENALlTIlJCic. Orat. 70. 
qui venalts habebant^ ^^^^ Trin. ii. 2. 51.) brougnt them thither 
from various countries. rThe seller was bound to promise for the 
soundness of his slaves, and not to conceal their faultslHoraf. Sat. 
ii. 3. 285. Hence they were commonly exposed to safe (produce* 
hantur) naked ; and they carried a scroll {tUuius vei imcriplio) hemg« 
ing at their necks, on which their good and bad qualities were specie 
fied, Gelt. iv. 2« Ii* the seller gave a false account* he was bound to 
make up the loss, Cic. Of. m, 16. & 17. or in some cases to take 
back the slave. Ibid. 23. Those whom the seller would not warrant. 
{pT4Bsiare^) were sold with a kind of cap on their head, {piieati^ 
Gell. vii. 4.) 

(Those brought from beyond seas had their fe^t whitened with 
chalk, {cretatis v. gvpsatis pedib^iSy Plin. Nat. Hist xxxv. 17. & 18. 
6. 58. Tibull. ii. 3. o4.) ana their ears boredj^(aurtiiu perforatum 
Juvenal, i. 104, Sometimes staves were sold on that condition, that 
if they did not please, they should be returned {redhibereutur) within 
a limited time, Cie. Off. \\u 24. PlaiH. M^t. iii. 2. 113. Fesiut. Fo- 
reign slaves, when first brought to the city, were called VENALE8» 
or lli£avi NOvtcii, Cic. pro Quinci. 6. Plin. Ep. i. 2h Quifictilianf 
i 12. 2. viii. 2. 8. (Slaves who had served lone, and hence were 
become artful, veteratorpsJTerent Heaut. v. L io. 

It was not lawful for tree born citizens among the Romans^ aa 
among other nations, to sell themselves for staves. Much less wa$ 
it allowed any other person to sell free men. But as this gave oc« 
casion to certain frauds, ii was ordained by a decree of the senate, 
that those who allowed ihemsclves to be sold for the sake of sharing 
the price, should remain in slavery. {Fathers might, indeed, sell their 
children for sJaves^ bi^t these did no\ on that account entirely lose 
the rights of citizens./ For when freed from their slavery, they were 
held as Ingenuu not Liberiini. The same was the case with insol. 
vent debtors, who were given up as slaves to their creditors, (tm«r« 
vitvtun creditoribus addicti^) Quinctilian. vi. 3. 26. v. 10. 60. 

3. |]!rirninals were often reduced to slavery by way of punishmei|t#/ 
Thus those who had neglected to get themselves enrolled in the cen- 
sor's books, or refused to enlist, {qui censum aut militiam subierfugem 
rant,) had their goods confiscated, and after being scouiged, were 
sold beyond the Tiber, Cic, pro Ccscina^ 24. Those condemned to 
the mines, or to fight with wild beasts, or to any extreme punish* 
meet, were first deprived of liberty, and by a fiction of law, termed 
slaves of ponishmeat, (servi pmnajngebantur^) 

6 



Ift ROMAN ANTIQUITIES. 

4f 1%^ children of any female slave became the slaves of her inae- 
ter.1i inhere was no regular marriage among slaves, but their con« 
Be<!&cm was called CONTUBERNl UM/ and themselves, Contuber^ 
naki. /Those slaves who were born in the house of their masters^ 
wiere called VERNiE^r Vemaculi; hence lingua vernacular v^ariSf 
one's mother tongue. These slaves were more petulant than others, 
because they were commonly more indulged, Horat SaL ii. 6. 66. 

^be whole company of slaves in one house was called FAMILJA, f 
}fep. JItU 13. Cic. Paradox, v. 2. {Familia constat ex servis plttribus^ 
Cic. Cedn. 19. Quindecim liberi korninesj populus est ; totidem servi^ 
familia : totidem vincti, ergastulum, Apulei, ApoL) and the slaves, 
Familiares^ Cic. pro Ccel. 23. Plant. Amphit. Prol 127. Hence /a« 
tniiia pkilosophorum^ sects, Cic. fin. iv. 18. Divin. ii. 1. Mu ii. 16« 
Sententia, qua familiam ducit, Honestum quod sit, id esse solum 
vdNUM, the chief maxim of the Stoics, Id. Jin. ii. 16. Lucius /ami' 
liamelucitf is the chief of the sect, Fd. Phil. v. 11. Accedit etiam^ quod 
familiam ducity &c. is the chief ground of praise^ Fam. vii. 5. 

The proprietor of slaves was called Dohinus, TerenL Eun* in. 2. 
33. whence Ihis word was put for a tyrant, Liv. ii. 60. On this ac* 
count Augustus refused the name, Suet. Aug. .53. So Tiberius, UL 
"iSr. Tacit. Annal.n.^1. 

filaves not only did all domestic services, but were likeveise em- 
ployed in various trades and manufactures. Such as had a senhiB 
for it, were sometimes instructed in literature and the liberal arts/ 
{artiims ingenuts^ liberalifms r. honestiSf Cic«) Horat. £p. ii. 2. 7* 
Some of these were sold at a great price, Plin. vii. 39. s. 40. Senee* 
Ep. 27. Suetm Jul. 47. Cic. Rose. Com. 10. Hence arose a princi* 
pal part of the immense wealth of Crassus, Plutarch, in vita ejus. 
/slaves employed to accompany boys to and from school, were 
called PjBOAoooiy and the part of the house where those young 
da¥es staid, wh5 were instructed in literature, {literas serviles^ Se« 
nee. Ep. 88.) was called PjBDAooaiUM,.P/tn. Ep. vii. 27, 

(slaves were promoted according to their benaviour-t as firom be- 
ing a drudge or mean slave in town, {Mediaslinus^) to be an overi* 
seer in the country, {Villicus^) Horat. Ep. i. 14. 

The country farms of the wealthy Romans in later times were 
cultivated chiefly by slaves, Plin. xviti. 3. But there were also free 
men who wrought for hire, as among us, (M ERCENARII,) Cic. Off. 
i.J3. pro Ccmn. 59. 

Among the Romans, masters had an absolute power over their 
siaVes/ They might scourge or put them to death at pleasure, Ju- 
vtnalcSat. vi. 219. This right was exercised with so great cruelty, 
especially in the corrupt ages or the republic, that laws were made 
at different times to restrain itj^The lash was the common punish- 
ment; but for certain crimes "Ihey used to be branded in the fore- 
head, and sometimes were forced to carry a piece of wood round 
their necks, wherever they went, which was called PURCA/(and 
whoever had been subjected to this punishment, was ever afterwards 



SLAVES. 43 

called FURCIFER J/^sIave that had been often beatea, inrat oaUed 
MASiaGIA/T^r. Adtlph. v. 2. 6. or VERBERO, Id. Phorm. iv. 
4. 3. |l slave who had been branded, Avas called STIGMATIAS^ 
▼• HcuSf L e. nolis comptmctus, Cic. Off. ii. 7. Inscriptvs^ Mait. yuu 
75. 9. LiUratuSf Piaut. Cas. ii. 6. 49. (i. e. Uteris inscriptva : ai» 
uma liUrala^ Plant. Rud. ii. 5. 21. ensiculns lUerahUy A41. Id. iv*.4. 
112.) I Slaves also by way of punishment were often shut itp in a 
work-house* or brideweU, (in ergastulo v. PISTRINO») where ttejr 
were obliged to turn a mill for grinding com, Vioul. el Ter. pattim. 
tt Senee. de Bene/, iv. 37. / 

Persons employed to apprehend and brin^ back {rtiraherej Ten 
Heaut, hr. 2. 65.) slaves who fled from their mastersi YFoaiTivr, 
Cic. Fam. v. 9.) were called Fuqitivarii, i7or, liL 19. • 

When slaves were beaten^ they used to be suspended with a weight 
tied to their feet, that they might not move them, PiauL Asin* ii. 2« 
34. &c. Aul. iv. 4. 16. 7Vr. Phorm. i« 4. 43. To deter slaves from 
offending, a thong {habeiid)<or a lash made of leather, was commonly 
hung on the staircase, (in scalis^) Horat. £p. ti. 2. 15. but this was 
chiefly applied to younger slaves, Scholias. Ihid. Itttpuberei habtnA 
vtlferulA pUctebantur^ Ulpian. D. i. S3, de SC. Silan« Some here 
join in scatis with latuil^ as Cic. in MiL 15. Phil. ii. 9. 

I Slaves when punished capitally were commonly crucifiedyi^aio/!. 
vi. 219. Ctc. in Vtrr. v. 3. 64. &c. but this punishment wa^ prohibit** 
ed under Constantine. 

If a master of a family was slain at his own house, and the mur- 
derer not discovered, all his domestic slaves were Iiai>le to be put to 
death. Hence we find no less than 400 in one family pumshed on 
this account, Tacit. Ann* xiv. 43. 

Slaves were not esteemed as persons, but as things, and mig^t be 
tnuisferred from one owner to another, like any other efiecta. 
f Slaves could not appear as witnesses in a court of justicei Ter. 
Phomu ii. 1. 62. nor make a will, Plin. Ep, viii. 16. nor inherit any 
thins. Id. iv. 11 ; but gentle masters allowed them to make a kind of 
wilU (^uaai testamenta faccrcy) Plin. Ep. viii« 16 ; t nor could slaves 
8ej*ve as soldiers, Id. x. 39. unless first made free^* Serv. in Virg. JEn. 
ix. 547 ^except in the time of Hannibal, when, after, the battle of 
JCsunWy 8000 slaves were armed without being freedyLiv. xxii. 57. 
/These were called VOLONES, because they enKsted voluntarily^ 
^Festus ; and afterwards obtained their freedom for their bravery^ ' 
lAv. xxiv. 16. 

/slaves had a certain allowance granted them for their sustenance, 
(IHMENSUM,) commonly four or five pecks {modii) of graia a / 
monthyt^nd five cfenarn, which was called th^r MENSTRUUM^ 
. Donat:tn Ter. Phorni. i. 1. 9. Senec. Ep. 80. /They likewise bad a 
daily allowance, {DIAKLVM^ Horat. Ep- 1 14i 40.)('And what they 
spared of this, or procured 6y any other means with their mester'e 
consent, was called their PECULIUM.\/This money, with their 
master's permission, they laid out at intereist, or purchased with it a 



44 ROMAN ANTIQUITIES. 

«lave for themseliresy from whose labours^ they inigt)! make profit 
Such a slave was called Servi VICARIUS) Horat Bat. ii, 7.79. Cic, 
Verr. i 36* Plaut. Asin. ii. 4. 27. Martial, ii. 18. 7. and coniitiluted 
part of the pecuiiwn^ with which also slaves sometimes purchased 
tbeur freedom. Cicero says that sober and industrious slaves, at 
least such as became slaves from being captives in war, seldom re* 
mainedin servitude above six years. PkiL viii. 11. At certain times 
slaves were obliged to make presents to their masters out of their 
}>oor savings, (^x to quod de dimenso'suo unciatim comparstrint^) Te« 
jrent ibid There was sometimes an agreement between the master 
and the slave, that when the slave should pay a certain sum, the mas- 
ter should be obliged to give him his liberty, PlauL AuL v. 3. Cam. 
ii. & 6. &c. H^. iv. 2. 23. Tadi. xiv. 42. 

Although the state of slaves in point of right was the same, yet 
tfieir condition in families was very different, according to the plea« 
«are of their masters, and their different employments. ( Some were 
treated with indulgence ; some served in chains, as janitors and 
door-keepersJ^(o5h'£cnt;) and so in the county, catenati cultores^ 
Flor. iii. 19. rincti fossores, Lucan. vii. 402. jpthers were confined 
IB workhouses below ground^ (in ergastulis subterraneis.) So Pliny, 
Vincti pedesy damnata^ manus, inscriptique vuUuSf arva txercent^ 
xvvi. 3. 

At certain times slaves were allowed the greatest freedom :w Bi 
the feast of Saturn in the month of December, Horat. Sat» ii. 7. 4 
when they were served at table by their masters, AuBiin. de Fer. 
jRom. iL 15./and on the Ides of August,] /e^^t/^. 

''The numoer of slaves in Rome and through Italy was immense, 
JtivenaL iii. 140. Some rich individuals are said to have had several 
thousandsiiSenecff* de Tranq. An. viii* Wars were sometimes excit- 
ed by an insurrection of the slaves, Fior. iii. 19. & 20. 

^ There were also public slaves, who were used for various public 
■erviceSy Liv. i. 7. and especially to attend on the magistrates. 
Their condition was much more tolerable than that of private slave& 
They had yearly allowances (annua) granted them by the pubKc, 
Plin. EpisL X. 30. 40. 

There were also persons attached to the soil, (apscriptitii, vel 
gleba adscripti :) concerning the state of whom, writers are not 
agreed. 

Slaves anciently bore the prsenomen of their master ; .thus, Mar-- 
etp&reSf Luciporea^ Publiports^ (quasi Marci, Lucii^ Publn pueriy &c. 
Qittnc<t7tan, i. 4« 26. Afterwards they got various names, either 
from their country, or from other circumstances ; as Syrus^ Davus^ 
Geto, Parmerw, &c« in comic writers ; Tiro, Laurea, Dionysius, &c. 
in Cicero. But slaves are usually distinguished in the classics by 
their diffei^nt employments ; as Mtdidy Chirurgi^ Ptzdagogu Gram* 
WMticiy Scribm^ Fabric Coqui, &c. 

Slaves were anciently freed in three ways, Ctnsu^ Ftndieto, H 

3Vif0fN<filo, Cic. Topic 2. stu 10. 



SLAVES. 45 

/ 1. Per CENSUM, vrhen a slaye, with his master's knowledge or 
by his order, got his name inserted in the<!^ensor's roU, Ctc. CiBcin, 
34. s. 99. 

2. ^er VINDICTAM, when a master going with his slave in his 
band to the praetor, or Consul, and in the provinces, to the Frocoii* 
0ui or Propraetor, said, ** I desire that this man be free according to 
the custom of the Romans j^Hunc hominem liberum ESSfc: volo 
MORE vel Jure Quiritium rand the PrsBtor, if he approved, putting 
a rod on the head of the slave, HoraU Set. li. 7. 76. pronounced, 
** I say that this man is free after the manner of the Romans.^' 
Whereupon the lietor, or the master, turning him round in a circle, 
(which was called VERTIGO, Pers. Sat, v. 75.) and giving him a 
blow OR the cheek, (aldpay Isidor. ix. 4. whence, multo majoHs al&- 
p® meetcm vmeunt^ Liberty is sold, &c. Phadr. \\. 5. 32.) let him 
go, (e ma%m tmitlebai,) signifying that leave was granted him to go 
where he pleased. The rod with which the slave was struck, was 
called VINDICTA, as some think, from f^indicius or Vindext a slave 
of the VitellH^ who informed the senate concerning the conspiracy 
of the sons of Brutus and others, to restore the Tarquins, and who 
is said to have been first freed in this manner, Liv. il 5. whence also 
■perhaps Vindicate in LibtftaUmy to free. Mulier, modo quam vtn- 
dictapdemit, a woman lately freed, Ovid. Art. Am. iii. 61a. 

2.fPer TEST AMENTUM, when a master gave his slaves their 
liberty by his wilU If this was done in express words, ( Vtrbis dv' 
recti's^) as (or example, Davus sEavus meus likbr esto : such freed 
men were called ORCINI or Charonitm^ because they had no patron 
but in the infernal regions. In allusion to which, those unworthy 
persons, who got admi^ion into the senate after the death of CsBsar, 
were by the vulgar called SENATORES ORCINI, Sutt. Aug. 35. 
But if the Testator signified his desire by way of request, {verbis 
prtcaUvisy) ihu9^ Ruoo heredrm heum, ut Davum manuhittat; 
the heir {hares Jiduciarius) retained the rights of patronage.* 

Liberty procured in any of those methods was called Josta Li- 

BCRTAS. 

In later times slaves used to be freed in various, other ways ;• by 

* Slaveiy, at a very eariy period af(er the Flood, prevailecl, perhaps, in every 
jregian of the GHobe. In Asia it is practiced to this day. The savage nations of Af- 
rica have at no period been exempted from (liis opprobrium of our nature. In Ger- 
mahy, and in other countries of Europe, shves iTere generally attached to the soil, 
Bs in Russia and Poland, at the present day. They w<>re genemlly employed in 
tending cattle, and in conducting tiio business of agriculture. Tacitus dt. ptoribus 
'QetiiMnorum. Among the ancieoi Germans; according to the same author, it waj 
Dot uncommon for an atdnnt gamester to stake bis pf*r9onal liberty on a throw of the 
dice. The laUer speolea of slavea were atone contider^d as mnteriats of commerce. 
In England, now so tenacious of the rights of man, a species of slavery, similar to 
that among the ancient Gtfrmans, subsisted, even to the end of the 16th century, as 
•ppear^ from a Com mission issued by Queen BHzabeth in 1574. Colliers and sn Iters 
were not totally emancipated from every vestige of slavery, till about the yearl760. 
Before that period the sons of colliers could follow no other busiuess but that of their 
fathers ; nor could they seek employment in any other mines than in thosa t« 
whleh thay were attaohed.by birth. See Enc^fchp. Brit. 



46 ROMAN ANTIQUITIES. 

letter^ {per epiitoiam ;^ among friends, (inter umicosj) when before 
£ve T^itnesses a master ordei^ his slave to be free ; or by table* 
(per mensam,) if a master bid a slave eat at bis table j Plin. EpisL vii. 
16. for it was thought disgiticeful to eat with slaves t>r mean persons, 
and benches (subsellia) were assigned them, not couches. Hence 
imi snibselUi p/r, a person of the lowest rank, PlauL Stirh, iiu 4. 32. 
There were many other methods of freeing slaves, but these did not 
confer complete freedom. They only discharged them from servi- 
tude, but did not entitle them to the privileges of citizens ; unless 
afterwards the vindicia was superadded, in presence of a magistrate, 
P/w. f^. vii* 16. ife 32. 

^^ Anciently the condition of all freed slaves v^as the same ; they ob- 
tained the freedom of the citv vnth their liberty! Cic. pro Balbo, 9. 
according to the institution of Servius TuIUus, JCHonys. iv. 22. & 23. 
They were, however, distributed among the four city tribes, as bein'g 
more ignoble, Liv, Epit. xx. fiut afterwards, when many wortl^ 
less and profligate persons, being freed by their masters, thus 
invaded the rights of citizens, various laws were made to check the 
Ucense of manumitting slaves. ^ No master was allowed to free by ^ 
his will above a certain proportion of the number he had f but not 
above 100, if he had even 20,000, which number some thdividuals 
are said to have possessed, Athctu Deipnosoph, vi. 20. Hence Se- 
neca speaks of vasta tpatia terrarum pervincios colenda ; eifamilia 
beliicosis natiimibus major de Benef. viii. 10. and Pliny, of legions of 
slaves, so that a master needed a person to tell him their names, (710- 
tnenclatorj) xxxiii. i. s. 6. So Petronius Arbiter, 37. & 117. Augus- 
tas ordained by law, called ^lia Sentia^ that no slave who had ever 
for the sake ot a crime been bound, publicly whipt, tortured, or ^ 
branded in the face, although freed by his master, should obtain the 
freedom of the city ; but should always remain in the state of the 
DeditUit, who"were indeed free, but could not aspire to the advan- 
tages of Roman citizens, Suet. Jiug. 40. The reason of this law may 
be gathered from Dionys, iv. 24 

Afterwards b^ the law called Junia .ATorfrana, because it was passed 
in the consulship of li. Junius Norbanus, A. U. 771. those freed 
per epistolam^ inUr amkos, or by the other less solemn methods, did 
not obtain the rights of Roman citizens, but of the Latins, who were 
transplanted into colonies. Hence they were called LATINI JU- 
NIANI, or simply LATINI, Plnu Ep. x. 105. 

[ Slaves when made frte, used to shave their heads in the temple of 
Feronia, and received a cap or hat, as a badge or liberty ^^ Serv. ad 
Virg. JEn, viii, 564. Liv. xlv. 44. Hence, Adpileum sertum vocare^ 
for nd libertntem, Liv. ibid. They also were presented with a white 
robe and a ring by their master./ |They then assumed a pranomen^ 
and prefixed the name oS their patron to their own./ Thus, Marcus 
Tfdlifis Tiro, the freedman of Cicero. In allusion to which, Persius 
Bays, Verterii hunc Dominus ; momento turbinis exit MARCUS jDo- 
frnif Sat v. 77. Hence Tanquam habeas trianomna^ for Umquam liber 



RIGHTS OF ROICAN CITIZENS. 49 

My Javenal* v. 120. So foreigners, wheo admitted to the freedom 
of the city, assumed the name of that person, hj whose favour they 
obtained it, Cic. Farru xiii. 35. 36. 

\ Patrons retained various rights over their freedmen. If the pa* 
tn>n was reduced to poverty, the freedman was bound, in the same 
manner as a son, to support him, according to his abilities. And if 
a patron failed to support his freedman when poor, he was deprived 
oS the rights of patronage. 

If a freedman died intestate, without heirs, the patron succeeded 
to his effects. 

Those freedmen who proved ungrateful to their patrons, were 
condemned to the mine^ [ad lautumias ;) and the Emperor Clau- 
dius, by a law, reducedthem to their former slavery, (in nrviiuUm 
revocavitj) Suet. Claud. 25. Libertum, qui probaius futrii patrons 
delatores summisisse^ qui de statu ejusfacererU ei quasti^nemf servurt^ 
patroni essejussit^ L. 5. Dig. de jure Fatron. 

RIGHTS of ROMAN CITIZENS, and of the different ItAabUanti 

of the ROMAN EMPIRE. 

Whilb Rome was but small and thinly inhabited, whoever fixed 
their abode in the city or Roman territory, obtained the rights of 
citizens. 

/To increase the number of citizens, Romulus opened an asyUftn 
or sanctuary for fugitive slaves, insolvent debtors, and malefactofs, 
whither great numbers flocked from the neighbouring states,. LtV. i. 
8. because no one could be taken from thence to punishment/ Id. 
xxsv. 51. Tac, Jlmi. iii. 60. Even vanquished enemies were tranf* 
planted to Rome, and became citizens. In this manner the freedohi 
of the city was granted by Romulus to the Cotninenses^ Camerini^ 
Aruemnatesy Crustwnini^ and at last also to the Sabines. The ex< 
ample was imitated by his successors, who transplanted the Albans 
and other, vanquished tribes to Rome, Liv. L 29. 33. Likewise 
after the expulsion of the kings, the freedom of the city was givea 
to a great many, especially after the taking and bumins of the city 
by the Gauls ; at which time, that it might be rebuilt with more 
splendour, new citizens were assumed from the Feientts^ CapenateSf 
and Falisei^ Liv. vi. 4. 

Besides those who had settled in the Roman territory, and who 
were divided into city and country tribes,! the freedom of the city 
was granted to several foreign towns, whicn were called MUNICI- 
PIA^'and the inhabitants MUNICIPES, because they might enjoy 
offices at Rome, (munia r. munera capere poterant.) When any of 
these fixed their abode at Rome, they became Civfis Inobnux^' Cic 
Brut. 75. de Legg. ii. 2. Hence it happened, that the same person 
might enjoy the highest honours both at Rome, ana in his own free 
town^^ Thus Milo, while he stood candidate for the Consulship at 
Rome, was Dictator in his own native city, Lanuvium, Cic.pro Mil» 
37. The free town in which one was borq was called patria •br- 



48 ROMAN ANTIQUITIES. 

MANAy naiura vel loci, Rome, (qua exceplus est,) pairia couuvmB, 
civitatis vel juris, Cic. de Legg. ii. 2. 

But when the Roman empire was more widely extended, and the 
dignity of a Roman citizen of course began to be more valued, the 
freedom of the city (jus civitatis) was more sparingly conferred, and 
in different degrees, according to the different merits of the allies 
towards the republic/ To some the right of voting (jus svffragii) 
was given, and to others not. The people of Caere were the first 
who obtained the freedom of the city without the right of voting ; 
for having received the sacred things of the Roman people, the Ves- 
tal Vimins and priests, when they fled from the Gauls, A. GtlL xvi. 
13. The freedom of the city was soon after given in this manner to 
the people of Capua, Fundi, Formiee, Cumas, and Sinuessa, Iad. 
viii. 14. to the inhabitants of Acerra, ibid. 17. and of Anagnia, &c. 

The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, receiv- 
ed the freedom of the city, with the right of voting, Liv, viii. 14. 
and of Privernum. (Privemates,) c. 21. But several cities of the 
Hernici preferred their own laws, Lh. ix. 43. In process of time, 
this right was granted to all the allies of the Latin name ; and after 
the social or Italian war,, it was communicated to all the Italians 
south of the River Rubicon on the upper sea, and of the city Luca 
on the lower sea^' Afterwards the same right was granted to Cisal* 
pise Gaul, which hence began to be called GalHa Togata. Augustoa 
was very sparing in conferring the freedom of the city ; but the suo 
ceeding Emperors were more liberal, and at different times granted 
it to different cities and nations. At last Caracalla granted the free- 
dom of Roman citizens to all the inhabitants of the Koman world. 

'Those who did not enjov the right of citizens were anciently call- 
ed HOSTES, and afterwards PEREGRINI/ Cic. Off. i. l!2. lAfter" 
Rome had extended her empire, first over Latium, then over Italy, 
and lastly, over great part of the world, the rights which the st^bjects 
of that empire enjoyed, came to be divided into four kinds ;, which 
may be called Jus Quiritium, Jus Lalii, Jus Italicitm^ Jus Provincial 
rum vel ProvincialeJ 

l' JUS QUIRITIUM comprehended all the rights of Roman citi- 
zens, which were different at different tihaes. These rights wer© 
cither private or public : the former were properly called Jvs Qui^ 
ritium, and the latter Jus Civitatisj Plin. Ep. x. 4. 6. 22. Cic in 
Rull. ii. 19. as with us there is a distinction between denization and 
naturalization. 

1. PRIVATE RIGHTS of ROMAN CITIZENS. 

The private rights of Roman citizens were, \jJus Liberlatis^ the 
right of liberty : 2. Jus Gentilitatis et Familia, the right of family ; 
3. Jus Connubii^ the right of marriage ; 4. Jus Patrium^ the right of 
a father : 5. Jus Dominii Legitimi^ tne right of legal property ; 6. 
Jus TesUwunii el Hareditatis^ the right of making a will, and of sue* 
oeeding to an inheritance ; and 7. Jus Tuielmy tne right of tutelage 
or waidship; 



k 



RIGHTS OF ROMAN CITIZENS. 49 

1- Tht RIGHT o/ LIBERTY. 



This comprehended FREEDOM, not only from the power of 
masters, (dxnniwmjomS^ but also from the dominion of tyrants, the 
severity of 'magistrates, the cruelty of creditors, and the insolence 
^ more powertiil citizen^ 

jAiler tne expulsion of Tarquin, a law was made by Brutus/ that 
no one should be king at Rome ; and that whoever should form a 
design of making himself king, might be slain with impunity^ At the 
same time the people were bound by an oath, that they would ne« 
ver suffer a king to be created. 

/KomBik citizens were secured against the tyrannical treatment of 
magistrates, first, by the right of af^alin^ from them to the people, 
and that the person who appealed should in no manner be punished, 
till the peo{Me determined the matter ; but chiefly, by the assistance 
of the tribunes/^ 

/None, but the whole Roman people in the Oomtlta Centuriata^ 
could pass sentence on the life of a Koman Citizen. No magiiftrate 
was allowed to punish him by stripes or capitally. The single ex- 
pression, ^1 AM A Roman Citizen," checked their severest de« 
creesJ Cic. in Verr. v, 54. & 57. dtc Hence, QTJIRITARE diri- 
Itir, dm Quiritiumjidem damans imploraL Yarro de Lat Ling. v. 
7^C!ic. ad Fam. x. 32. Liv. xxix. 8. Acts xxii. 25. 
/ By the laws of the twelve tables it was ordained, that msolvent 
debtors should be given up {addkertntur) to their creditors to be 
bound in fetters and cords, (compedibus et nervis,) whence they were 
called NEXI, OB^RATI, et ADDICTI^ And although -they did 
not entirely lose the rights of freemen, yet they were in actual slave- 

Z, and often treated more harshly than even slaves themselves, 
Iv. ii. 23. 

If any one was indebted to several persons, and could not find 
a cautioner {vindex ve\ expromissor) within sixty dajrs, his bod)r {cor* 
pus) litetfdly, according to some, but more probably, according to 
others, his effects, might be cut into pieces, {secari,) and divided 
among his creditors, ^, Gell. xx. 1. Thus stciio is pi^t for the pur- 
chase of the whole booty o( any place, or of the whole effects of a 
proscribed or condemned person, Cic. Phil. ii. 26. or for the booty 
or goods themselves. Ccbs. de BelL OalL ii. 33. Cic. Inv. i. 45. and 
sectores for the purchasers, Ascon^ in Cic. Verr. i. 23. because thev 
made profit by selling diem in parts ; (a seco.) Hence Sectores coh 
iorum et bonorum^ i. e. qui proscriptos ocddebant et bona eorum erne- 
bantf Cic. Rose. Am. 2d. 

/To check the cruelty of usurers, a law was made, A. U. 429, 
whereby it was provided, that no debtors should be kept in irons or 
bonds ; that the goods of the debtor, not his person, should be given 
tip to his creditor6^Z4V. viii. 28. 

f But the people, not satisfied with this, as it did not free thein from 
prison, often afterwards demanded an entire abolition of debts, which 

7 



50 ROMAN ANTIQUITIES. 

they used to caH NEW TABLES. But this was never granted them. 
At one time, indeed, by a law passed by Valerius Flaccus/silver 
was paid with brass, as it is expressed, ^llust. Cat. 33. that is, the 
fourth part of the debt only was paid/ VtU. ii. 23. an as for a 8ts* 
Urtiua^ and a stsUrtnu for a denarius ; or 25 for 100, and 250 for 
1000. Julius Caesar, after his victory in the civil war, enacted 
something of tl^e same kind, Cms. BelL Civ. iiL 1. Suet. Jul. 14. 

2. The RIGHT 0/ FAMILY. 

Each gens and each family had certain sacred rites, peculiar to 
itself, which went by inheritance in the same mammer as effect^ 
Liv. iv. 2. When heirs by the fatber*s side of the same family {ag- 
nati) failed, those of the same gens (gentiles) succeeded, in prefer- 
ence to relations by the mother's side (cognati) of the same family 
(familia). No one could pass from a Patrician family to a Plebeian, 
or from a Plebeian to a Patrician, unless by that form of adoption, 
which could only be made at the Comitia Curiata.J Thus Clodius, 
the enemy of Cicero, was adopted by a Plebeian, /that he might be 
created a tribune of the commons, Cic. Dom. 15. Att. i. 18. 6l 19. 

3. The RIGHT of MARRIAGE. 

. No Roman citizen was permitted to marry a slave, a barbarian, 
or a foreigner, unless by the permission of the people f as Liv. 
xxzviii. 3o. CONNUBIUM est matrimonium inter cives ; inter ser~ 
vos autemy aut inter civium et peregrina conditionis hominemj aut ser^ 
vilis, non est Connubium, sed CONTUBERNIUM,. Bpeth. in Cic. 
Top. 4. By the laws of the Decemviri^ intermarriages between the 
Patricians and Plebeians were prohibited. But this restriction was 
soon abolished, Iav. iv. 6. Afterwards, however, when a Patrician 
lady married a Plebeian, she was said Patribus enti&ere, and was ex- 
cluded from the sacred rights of Patrician ladies, Liv. x. 23. When 
any woman married out of her clan, it was called Gentis enuptio ; 
which likewise seems anciently to have been forbidden. Liv. xxxix. 
19. The different kinds of marriage, &a will be treated of after- 
wards. 

4. The RIGHT of a FATHER. 

A FATHER, among the Romans, hadTthe power of life and deatW 
over his children. He could not only expose them when infant^ 
which cruel custom prevailed at Rome for many ages, as among 
other nations, Cic de Legg. iii. 8. Ter. Heavi. iv. 1. ^t. Octav. 65. 
Calig. 5. Tacit. Hist. iv. 5. Senec. de Ben. iii. 13. &c. and ill new- 
born infant was not held legitimate, unless the father, or in his ab- 
sence some persons for him, ufted it from the gronndl (terrd Uv&sseti^ 
and placed it on his bosom ^hence toflere JUium^ to educate ; non toU 
/erf, to expose.^ But even when his children were grown up, he 
miffht imprison, scouige, send them bound to work in the country, 
and also put them 4o death by any punishment he pleased, if they 



RIGHTS OP ROMAN CITIZENS. 51 

deserved it, Sail. Cat Sft Liv, li. 4L ^ii. 7. Dionm, viii. 79. 
Hence a father is called a dtnnestic judge, or magistrate, by Seo^ca ; 
and a censor of hie son, by Suieton. Claud. 16. Romulus, hoiivetert 
at first permitted this right only in certain cases, Dionye. ii« 15. vL 



7. 



h 



A son coufd acquire no property but with his father^s consent ; 
and what he did thus acquire was called his PECULIUS|/ as That 
of a slave, Liv. ii. 41. If he acquired it in war, it was called PE<* 
CULIUM CASTRENSE. 

(The condition of a son was in some respects harder than that of 
a slaveJ A slave when sold once, became free ; but a son not, un« 
less sold three times. (The power of the father was suspended, 
when the son was promoted to any public office, but not extmguish- 
ed^JAv. t6.(For it continued not only during the life of the children, 
but likewise extended to ^andchildren, and great grandchildren. 
None of them became their ownjnasters, {sui juris,) till the deatK 
of their father and grandfather. (A daughter by marriajge passed 
from the power of her father under that of her husband. ' 

. EMANCIPATION and ADOPTION. 

< Whkn a father wished to free hiR|on from his authority, (£MAN« 
CIPARE,) it behoved htm to bring him before the Pnetor, or some 
magistrate, {apud quern legis actio erat^) and there sell him three 
times, PER JES et libraii, as it was termed^ to some friend^ who 
was called Pater Fiduciarius, because he was honnd afler the 
third sale to sell him back {remandpare) to the natural fathe^fThere 
were besides present, a Libripbns, who held abrasen balancejl five 
witnesses, Roman citizens, past the age of puberty ; and an antes* 
iatus, who is supposed to be so named, because he summoned the 
witnesses by touching the tip of their ears, Hor, Sat. i« 9« 76u In 
the presence of the^, the natural father gave over {mancipabat^ 
h e. manu iradtbat) hk son to the purchaser, adding these words^- 
Mavcupo T1B1 iiuNC FiLiuM, q,vi MKOS ost. ThcD the purchascr, 
holding a brazen coin {seritrtius,) said, Hukc eqo bomineh %% 
Jure Qviehtium keum esse aio, isqus hihi emptus est hoc are, 
ANEAQUB LIBRA y and having struck the balance with the coin, 
gave it to the natural father by way of price. Then he manumit* 
ted the wm in the usual form. But as by the principles of the Ro- 
man law, a son, after being i^anumitted once and again, fell back 
into the power of his jatl^r | the imaginary sale was thrice to be 
repeated, either on the same day, and before the same witnewes^ 
or on different days, and before- different witnesses] and then the 
purchaser, instead of manamittinff him, which would nave conferred 
It jus patranaiAs on himself, sokl him back tofthe natural fathei^ 
who immediately manumitted hini bjr the same formalities as a 
slave, {UbrA et mrt liktratum tmittthat^ Liv. vi. 14.) Tlius the 
son became his own master, {sui juris f actus est^) Liv. vii. 16, 

(The cttsUNnof sellinffx?er as vel assem tt /i6ram, took its rise ffom 
this ; that the ancient Romans, when they had no coined money. 



5S ROMAN ANTIQUITIES. 

lAv. iv. 60. and afterwards, when they used anats of a pound weighCr 
weighed their money, and did not count it J 

(In emancipating a daughtei", or grandchildren, the same formalities 
were used, but only once, {ymica mancipatio siiMciebat ;) they were 
not thrice repeated, as in emancipating a son. But these formaUties^ 
like others olf the same kind, in' process of time came to be thought 
troublesomg^ ' Athanasius, therefore, and Justinian, invented new 
modes of emancipation. Athanasius appointed* that it should be 
sufficient, if a father showed to a jud^ the rescript of the Emperor 
for emancipating his son ;^and Justinian, that a father should go lo 
any magistrate competent, and before him, with the consent- of his 
son, signify, that he freed his son from his power, by saying, Hunc 
isui Juris esse patiob, heai^ue manu mitto^ 

When a man had no children of his own, lest his sacred rites and 
name shouki be lost, he might assume strangers {exiraneQs} as his 
children by adoption. 

( If the person adopted was his own master, (mi juris,) it was call- 
cd ARROGATIQ/oecause it was made at the Comilia Cttriala, by 
proposing a bill to the people, {ptr populi rogationem,) Gell. ▼. 19. 

( If he was the son oi another, it was properly called ADOPTIQ/ 
and was performed before the Pnetor or rresident dTa pirmnce, or 
any other magistrate, (apud quern le^is actio erat.) The same fer« 
malities were used as in emancipation. It might be done in any 
place. Suet. Aug, 64. The adopted passed into the fanHly, and 
name, and assumed the sacred rites of the adopter, and also' suc- 
ceeded to his fortune. Cicero makes no distinction between these 
two forms of adoption, but calls both by the general name of Adoptio. 

The RIGHT of PROPERTY. 

Things, with respect to property among the Romans, were va- 
riously diTided. ( Somethings were said to be of DIVINE RIGHT^' 
others of HUMAN RIGHT :/the former were called Mocred, (R£s 
SACRiE ;) as, altars, temples, or any thing publicly consecrated to 
the gods by the authority of the pontiffs: (or religitms, (RELI« 
GIOSiE ;) as, Sepukhres, &c. :[or inviolabU (SANCTiE^ i. e. a/t- 
gua eanctione muniiiB ;) as, the waHs and gates of a city, Microbe 
Sat, iii. 3. 
• These things were subject to the law of the pontiffs^and the pro- 
perty bf them could not be transferred. < Temples were rendered 
sacred by inauguration or dedication, that is, by being consecrated 
by the augurs, {consecrata inouguraiaque,) Whatever was legally 
consecrated, was ever after unapplicable to profane uses, Plin. Ep. 
ix. 39. X. 58. 59. 76. Temples were supposed to belong to the 
gods, and could not be the property of a private person. | Things 
ceased to be sacred by bein^ unhallowecjl (exauguratione, Liv. i. 55.) 

Any place became religwus by intening a dead body in it, 1. 6. 
§ 4. D. <(e divii* ret. 
( Sepukhres were heU rdigious because they were dedicated to the 



RIGHTS OF ROMAN CITIZENS. S3 

jnferoal god8j{Diis manU>us vel tn/«m.) Without the permiBsioa 
of the pontiffs, no sepulchre could be built or repaired ; nor could 
the property in them be transferced, but only the right of burying in 
themi {jus mortuum infer endu) (The walls of cities were also dedi- 
cated by certain solemn ceremoniesjand therefore they were held 
inviolable, (sancti^) and could not be raised or repaired without the 
authority of the pontiffs. 

(Things of human i^ight were called Profafu^ (kbs PROFANJE 4 
( alid were either PUBLIC and COMMON ; jas, the air, rtmning wa* 
Ur^ the sea, and its shores j &;c. Virg. Mn. vii. 229. Cic. Rose, Am* 26« 
I'oT PRIVATE, which might be the property of individualsj^ 

Some make a distinction between things common and fHiblic, but 
most writers do not (The things, of which a whole society or cor- 
poration had the property, and each individual the use, were called 
RES UNIVERSITATIS, or more properly, RES PUBLIC^^ 
(quasi populica, a populo, the property of the people ;) as, theatres^ 
baths, highways, &c. [And those things were called RES COM- 
MUNES, which either could be the property of no on^ as the air, 
Ught, &C. Ovid. MeL L 135. vi. 349. ior which were the joint pro- 
perty of more than onej as^ a common wall, a commoih field, &c. 
CoMMUNB, a subst is put for the commoawealth, Cic Verr. ii. 46. 
63. & 69.' Horat. Od. ii. 15. 13. Hence, in commum cmsuhre, pro^ 
desse, conferre, metuere, &c. for the public good. 

Things which properly belonged to nobody, were called RES 
NULLIUS ; as, parts of the world not yet discovered, animals not 
claimed, <bc. To this class was referred hcsredilas jacens, or an es- 
tate in the interval of time betwixt the demise of the last occupier 
and the entry of the successor. ; 

Things were either MOVEABLE or IMMOVEABLE, i The 
moveable things^f a farm were called Ruta Cms^ s^. et / i. e. Eruta 
el Cissa ; as, sand, coals, stones, &c which wdre commonly expect- 
ed, (recep^a,) or retailed by the seller, Cic. Top. 26. Orat. ii. 55. 

Thinffs were also divided into CORPOREAL, i. e. which might 
be touched, and INCORPOREAL ; as, r^hts, servitudes, &c The 
former Cicero calls, Res qua sunt : the latter. Res qua^ intelliguniur. 
Topic. 5. But others, perhaps more properly, call the fornner, RES, 
things : and the latter, JURA, rights ; Quinctilian. v. 10. 116. 

The division of things Horace briefly expresses thus : 

, Fuk hoc at^fUmiia quondam, 
Publica privatis teumere 8a€ra prqfania, 

de Art. Poet. 396. 
So Corn. Nepos. %n vUa ThamtL 6. 

/Private thinM (res PRlVATiE) among the Romans, were either 
JIES MANCIPI, or NEC MANCIPLE 

I RES MANCIPI were those things which might be sold and alien- 
ated, or the property of them transferred from one person to an- 
other» by a certain rite used among Roman citizens only ;/i0 that the 



54 ROMAN ANTIQUITIES. 

purchaser might take them as it were "with his band (manu captrd ;) 
whence he was called MANCEPS, and the things rrs MANCIPl, 
vel Mancupiy contracted for Afanapiu And it behoved the seller to 
be answerable for them to the purchaser, to secure the possession 
(perivulum judicii, Tel auctorUatemf vel evictionem prastare, &c.) 
Cic* pro Mur^na^ 2. 

/ NEC MANCIPl rts^ were those things which could not be thus 
transferred : whence also the risk of the thing lay on the purchaser^ 
Plaul, Pers. iv. 8^ 55. inc. Thus, tnancipium and tisus are distin- 
guished ; Fitaque mancipio nulli datur^ in property or perpetuity, 
omnibus usu^ Lucret. iii. 985. So tnancipium vskA fructus^ Cic* 
Epist. Fam. vii. 29. 30. / 

vJihe RES MANCIPl were,— f-1. Farms, either in town 6r coun- 
try within Italy ;/(Pradta urbana et rusixca in solo Italico ;) or in 
the provinces, if any city or place had obtained the jti5 yto/tctim. 
Other farms in the provinces were called possessiones^ noi pradia ; 
and because ptDprietors gave in an account of their families and for- 
tunes to the censors, they were called Pradia censui censendoy Cic. 
pro Flacc. 32.-f-2. Slavesj-43. Quadrupeds, trained to work with 
back or neck, {dorso vet cervice domiti ;) as, horses ^ oxen^ asses^ 
mules ; ^ut not wild beasts, although tamed \ as, elephants^ camels. 
— ^4. Pearls (margarittBy) Plin. ix. 35. s. 60. — 5. The rights of coun- 
try farms, called servitudes, (SERVITUTES,)^' W/>jan. 
' The servitudes of farms in the country, were, — I. The right of 
going on foot through the farm of another, (ITER ;) — ^2. Of driving 
a beast or wagon not loaded, (ACTUS ;) — 3. Of driving loaded 
wagons, (VIA ;^— 4. Of carrying water, (AQUEDUCTUS ;) either 
by canals or leaden pipes, {per canales v. Jistvlas plumbeds,) 
Vitruv. viii. 7. — The breadth of a via, when straight, was eight feet; 
at a turn, {in anfractum v. inftexu,) sixteen feet; the breadth of an 
achis^ four feet ; but the breadth of an iter is uncertain. / 

To these servitudes may be added, the drawing of water, {aquce 
haustus ;) the driving of cattle to water, {pecoris ad aquam appnlsus ;) 
the right of feeding ; of making lime, {calcis coquenda,) and of dig- 
giiig sand.* 

'Farms not liable to any servitude, were -called PRiGDIA LIBE- 
RAi Optimo jure ▼. conditione optima :{ others, {qutz servitbant, servi* 
iulem deb^ant, vel servihiti erant obnoxiayY^nere called PIL£DIA 
J^RVA, ;<7ic. in Hull. iii. 2. ^ 

[Buildifigs in the city were called PRiEDIA URBAN^ and were 
reckoned res mancipiy only by accession {jure fundi ;) (oi/all builds 
ings and lands were called FUNDIpbut usuallv ^uildings in the 
city were called JEdes ; in the couni^, Filla^ (A. place in the city 
without building, was called AREA ; in the country, AGER/ A 
field fvith buildings was properly called FUNDUS. 

* Most of fheie privileges, denominated by the Romans, 8emiules,or Serrilwdiiutt 
may, tnd often are, reMired in the aaie of property among ns. 



RIGHTS OF ROMAN CITIZENS. 55 

The servitudes c^ the Pradia tirhana were, — 1. \Serv\tu8 ONE- 
RIS FERE^DI, when one rwas bound to support the house of ano- 
ther by a pillar or wall^2.(Servi<ttt TI6NI lMMlTT£NDI,when 
one was bound to allow a neighbour to drive a beam, a stone, or iron 
into his wall^for tignum among hwyers signified all kinds of ma- 
terials for building. 

/^Anciently, for tear of fire, it was ordered that there should be an 
interstice left between houses of at least two feet and a half, which 
was called AMBITUSy {Festus,) or ANGIPORTUS, vel-um, and 
this was usually a thoroughfare, but sometimes not, Ter. Adtlph. iv* 
2. 39. For wnen Rome oecaroe crowded with houses, these inter- 
stices were only left between some houses. Nero, after the dread- 
ful fire which happened in his time, restored the ancient mode of 
building houses distinct from one another, Tadt. Ann^ xv. 43. 
^Houses, which were not joined by common walls with the neigh- 
bouring houses, were called INSULiEJ/e^^u^. Sometimes domut 
mid insula are distinguished, SiuU •A/er. 16. &l 38. wherje demm is 
supposed to signi^the houses of the great, and insu[<z those of the 
pcKuer citizens. But anciently- this was not the case, raUier the 
contrary ; as, Imvla Clodih Luctdlif &c. Cic* [Under the emperors, 
anv lodgings {hospiiia) or houses to be let, {Mdt$ mercede locanda^ 
▼el domu9 conductitiiBf) were called insulcB^ and the inhabitants of 
them, Inquilird^ or InsularU ; which last name is also applied to those 
who were appointed to guard the gtnii of each imulaA The pro- 
prietors of the insula were called l)OMINI issuLARtfif, Suet. Jul. 
41. Ti6. 48. vel PRiEDioaun , P/m. £/>• z. 44. 45. and their agents 
procuratores vnsularwn. For want of room in the city, houses were 
commonly raised to a great height by stories, {coniignalionihuf ▼. 
labiUatiSf) which were occupied by difierent fiatroilies, and at a great 
rent, Juvenal, iii. 166. The uppermost stories or j^arrets were 
called canacula. He • who rented, {mercede conducelSii) an tnnf^, 
or any part of it, was called inquUinus. Hence Catiline contempt- 
uously calls Cicero, Inquilinua civis urbig Rotna^ Sallust. Cat 31. 

There was also,— 3.f SerT>itw STIIJULCIDII ET FLUMINIS, 
whereby one was obliged to lejt the water, which fell from his house, 
into the garden or area of his neighbour ; or to receive the water, 
which fell from his neighbour's house, into his area^— 4.(Servt<u^ 
CLOACiG, the right oi conveying a private common sewer through 
the property of a neighbour, into the Cloaca Maxima, built by Tar- 
^mu.j^.\ServUus NON ALTIUS TOLLENDI, whereby one was 
bound not to raise his house above a certain height yaoBS not to ob- 
struct the prospects and lights of his neigh^u^ The height of 
houses was limited by law, under Augustus to 70 feet, Strab. v. p. 
16a. Suet. Aug. 89. Tacit. Ann. xv. 43.— There was aJso a servi- 
tude, that one should not make new windows in his wall ; Lumina 

OTI NUNC SUNT, ITA 8INT, Cic. dt Orttt. \. 39. 

These servitudes of city properties, some- annex to res mancipif 
and some to res nee mancipi. 



56 ROMAN ANTIQUITIES. 

MODES of acquiring PROPERTY. 






The transferring of the property of the rts marictpi^ (ABALIE- 
NATIO, vel translatio dominii^ v. proprietatis,) was made by A cer- 
tain act, called MANCIPATIO, or MANCIPIUM, {Cic.Off.'m. 
16. de Oral. i. 39.) in which the same formalities were observed as 
in emancipating a son, only that it was done but once^VThis Cicero 
calls traditio alteri nexu, Topic. 5. s. 38. thus, Daffmancipto, i. e« 
ex forma vel lege mancipiif to convey the property of a thing in that 
manner ; accipere, to receive it, PlatU. Cure. ' iv. 2. 8. Trm. ii. 4. 
19. Jurat f — St fort mancipii tetnptu in omnt Iwi, devoted to you, 
Ovid, Pont. iv. 5. 39. Sui fnancipii esse, to be one's own master, 
to be subject to the dominion of no one, Cic. ad Brut. 16. So man^ 
cipart agrum a/icui, to' sell an estate to any one, Plin. Ejp. vii. 18. 
tmancipareftndos, to divest one's self of the property, and convey 
it to another. Id. x. 3. 

Cicero commonly uses mancipium and nexum or -us^ as of the 
same import ; pro Muren. 2. pro Flacc. 32. CcBcm. 16« h\xX some« 
times he distinguishes them ; as, dt Harvsp. 7. -where Jntancipium 
implies complete property, and ntxua only the right of obligation^ 
as when one receives any thing by way of a pledge. Thus a cre- 
ditor had his insolvent debtor jure next, but not jure nuinctpu, as he 
possessed his slave. 

5 here were various other noodes of acquiring legal property ; as 
^ URE CESSIO, or CESSIO IN JURE, Cic. Top. 5. when a 
person gave tip his effects to any one before the praetor or president 
of a province, who adjudged them to the person who claimed them^/' 
{vinaicanti addictbat ;) which chiefly took place in the case of debt- 
ors, who, when they were insolvent, gave up their goods (bona cede- 
bant) to their creditors. 

2./tJSUCAPTIO vel USUCAPIO, Cic. Cacin. 26. Ugg. i.21. 
and also usHls auctoritas^ when one obtained the property of a thing, 
by possessing it for a certain tjme without interruption, according to 
the law of the twelve tables ; 'i(or two years, if it was a ferra or im- 
moveable, and for one year ii the thing was moveable ; Ut usus 
AucTORiTAS, i. e. jus dominii, quod usu paratur, fundi' bienniuv, 

CATBRARUM RERUM ANNDS USUS BSSET. PHn. Ep. V. i. But this 

took place only among citizens. For Advrrsus hostem, i. e. ptre* 
grinum^ jeterkta auctoritas erat ; sc alicnjus ret, Cic. Off. i. 12. 
i. e. res stmptr vindicari pottrat a peregrino^ tt nunquam umi capi. 
Hence Cicero says, ^Ai7 morlales a diis usucapere possunt^f there 
was any interruption in the possession, it was called USUKPATIO, 
which, in country farms, seems to have been made by breaking off 
the shoot of a treej {surculo dtfringtndo,) Cic. de Orat iii. 26. But 
afterwards a longer time was necessary to constitute prescription, 
especially in the provinces ; /namely, ten years among those vdio 
were present, and twenty years among those who were absent/ 
Sometimes a length of time was required beyond remembrance. 



RIGHTS OF ROMAN CITIZENS. 57 

This new method of acquiring property by posseBsion, was called 
LONGA POSSESSIONE CAPIO, or LONGiE POSSESSIONIS 
PILEROGATIVA, vel PRiESCRIPTIO** 

3. (EMITIO sub CORONA, L e. putchasing captives in war, 
who were sold with chaplets on their headsk/ See p. 48. 

-^AUCTIO, whereby things were exposed to public sale, {has- 
to, V. vociprcscdnis subjidebcmiur,) when a speai* being set up, and a 
public crier calling out the price, (prceaone prttium proclamanU^ the 
naagistrate who was present adjudged them {addicthai) to the nigh- 
est bidder]/Otc.\PAt7. ii. 36. The person who bade, beld up his fin- 
g&r^(digHum iollebai,) Cic. VeiT. i. 54. digito lidtus est^ iii. 11. 

fThe custom of setting up a M>ear at an auction j^ems to have 
been derived from t this, that at nrst only those things which were 
taken in war were sold in that manner. Hence hasta is put for a 
pubfa'c sale, and svi hastA venire^ to be publicly sold* 

The day, sometimes the hour, and the terms of the auction, used 
to be advertised/either by a common crier, {apracone wrtzdieari^ v. 
conclamari,) Plaut Men. v. 9. 94. or in writingj^te6ti/a proseribi^) 
Cic Ep. ad Fratr. ii. 6* Proscribebatur, sc* {^nus seu quis tmtrt^ 
sen conducere vellet,) PUn. £p. vii. 27. {Mdts vtnales inscribii Ii- 
teris,) Plaut. Trin. i. 2. 131. Hence tabula is put for the auction 
itself, ib. — {TiU)ulum proscribere,) for atuitionem constitutre ; {proscri- 
here domum Y.fimdum,) to advertise for sale, Cic. And those whose 
goods were thus advertised, were ssiid pendere, Suet. Claud. 9. and 
also the goods Aona suspensa ; because the advertisement {libellus v. 
tabella) was affixed to a pillar (pila v. columna,) in some public 
place, Senec. de Bene/, iv. 12. So (tabulas auciionarias proferre v. 
tabulam,) to publish, Cic. Cat. ii. 8. PhiL ii. 29. {ad iabulam ades- 
St,) to be present at the sale, pro Quinct. 6. Thus also (5w6 litulum' 
nostras misil avar lares, i. e. domum,) forced me to expose my house 
to sale, Ovid. Remed, Amor. 302. 

fit behoved the auction to be made in public, Cic* lb. ^ contra 
RulL i. 3, and there were courts in the Forum where auctions were 
made,^( ATRIA AUCTION ARIA,) to which Juvenal is thought to 
allude. Sat. vii. 7. A money-broker {argentarius) was also present, 
who marked down what was bidden^ and to whom the purchaser 
either paid down the price, or gave security for it, Cic. pro Cadn. 
6. Qtiinctii. is. 2. The sale was scnnetimes deferred, {anctio profe* 
rebatur,) Cic ad Atticum, xiii. 12. . 

/The seller was called AUCTOR^ and was said {vendere auction 
mm,) Cic. pro Quinct 5. in the same manner as a general, when he 
sold the whole plunder of a city, was said {vendere sectionem^) CiBSr 
de Bell. Gall. ii. 33. fThe right of property conveyed to the pur- 
chaser was called AtfCTOMTAS ^and if that right was not com- 

* The time necesslury to Hcqiiire a prescriptive right to m real property, at tbit Aj, 
h aifferent in different countnptft In Englandrit is 60 years: in the dtnerent Stale* 
of America It variesi 30 or S5 yearsiii Bome ; in others^ 30, kc, JS^ 

8 



58 ROMAN ANTIQUITIES. 

plete, he was said (a malo auciore emert^) to buy from a person wfao 
had not a ri^t to sell, Cic. in Verr. ▼. 22. Plaut. Cure. it. 2. 12. 

5. ADJUblCATIO, which properly took place oaly in three 
casea ; (infamilia, herciscundd vel ercto ciimdd,) i. e. (hareditate <K- 
videndaf)im dividing an inheritance among co-beirs^Csc. Orat. i. 5& 
CtBcin, 3h in communi dividendo/m dividing a joint stock among 
partners/Ctc. Ep. rii 12. injinibus regundisim settling boundaries 
among neighboursJ Cic. Legg. i. 21./when the judge determined 
any thing to any oT the heirs, partners, or neighbours, of which they 
got immediate propertyV but arbiters were commonly appointed in 
settling bounds, Cic. 7o^. 10. Sometimes, howevert thm^ were 
said to be adjudged {udjudicari) to a p^-son, which he obtained by 
the sentence of a judge from any cause whaieven 

6. DONATIO. /Donations which were made for some cause, 
were called MUNERA ; as from a client or freedman to Ins ^tron, 
(Ml occasion of a biith or marriage, Ter. Phomu\. 1. IS^. Things 
given without any obligation, were called DONA ;jfbut these words 
ara often confounded. ' 

/At first presents were but rarely given amoi^ the Romans ; but 
afterwards, upon the increase of luxury, they became very frequent 
and costly^ Clients and freedmen sent presents to their patrons,. 
Plin. Ep. v. 14. slaves to their masters, citizens to the emperors and 
magistrates, friends and relations to one another, and that on various' 
occasions ; particularly on the Kalends of January, called 8TRE- 
N^ ; at the feasts of Saturn, and at public entertainments, APO- 
PHORETA ; to guests, XENIA ; on birth-days, at marriages, &c. 
PKn. ^ JfiberiiaL passim. 

Things acquhred by any of the above-mentioiied methods, or by 
inheritance, by adoption, {arregationef) or by Iaw» as a kgaof^ tscxa. 
were said to be IN DOMINIO QUIRITARIO, i. e.jmto et legitu 
mo : Other things were said to be IN BONIS, and the proprietors 
of them were called BONITARII, whose right was not so good as 
that of the DOMINI QUIRITARII, qui optimo jure po^ncfere ifice- 
banhar, who were secure against lawsuits. But Justinian abolished 
these distinctions. 

fWhen a person had the use and enjoyment of a thing, but not the 
power or property of alienating, it was called USUSFRUCTUS^ 
either in one word; thus, Ummfructum omnium bonorum suorum 
CizsennuB legate ut frueretur una cumjilio^ Cic Cscin. 4. or in two ; 
as Usus enim ejus et fruchts fundi ttstanunto viri fuerat Casmnictt 
Ih. 7. and the penm FRUCTUARIUS, or USUFRUCTUARI- 

A The RIGfflT of TESTAMENT and INHERITANCE. 

None but^Roman citizensJ(m juHt) couM make a will, or be 
witnesses to a testament, or iSUient any thii^ by testament, Cic. pro 
Arck 5. Dom. 32. 



RIGHTS OF ROMAN CITIZENS. 80 

Ancieiitly teMtmentd «sed to be made at tbe Omdiiti CtJiriatdf 
which were id that case pmperly called Calata^ Gell. xv. 27. 
/The testament of a radier just about to ei]gQge»)was said to be 
made IN PROCINCTUt when m the camp, while he waji girdm^ 
himself, or preparii^ for bottle, in presence of his feUow-woldiers, 
without writing, he named his heir, {nvncupnvit J) £ic. de Nat. D* 
iL 3. de Drat i. 53. So tnpr&dndu eonmfia/ocw, wntten by Ovid 
at Tomos, where he.was in continual danger of an attack from the 
G^t», Find. L 8. 10. 

( But the osual method of maldnga will, after the hws of the twelvd 
tables were enacted, was PER M& ET LIBRAM, or ptr famUim 
emptionemf as it was called ; wherein before five wibiesses, a libru 
pens and an antesiatusy the testator, by an imaeitiaiT sale^ disposed 
of his family and foitnnos to one who was called FAMILIiE tMP* 
TOR, who was not the heir^as some have thought, iStiet* JieK 4. 
fbat only admitted for the saSe of formJ (diets causA.) that it might 
appear that the testator had ahenatea his efiects in his life^timeb 
This act was calksd FAMILIiE MANCIPATIO ) which being 
finished in due form, the testator, holding the testament in his hand, 
said, ILbo,titi in his tabuus caaisvc scaiPTA sunt, ita do ii a le« 

0O, ITA TBSTOR, ITA^UE VOS, QuiRITES, TESTlMOlflUK PRJBBITOTA. 

Upon which, as was usual in like cases, he gently touched tbe tip 
of the ears of the witnesses ; {auriculA iactA anitelabaiuri quod m 
imA aure mtmartm lociSk erai. Plin. xi. 45.) this act was called 
NUNCUPATIO TESTAMENTI, Plin. Ep. viii. la Hence nun^ 
tupare karedem, for ncmmare, scribere^ orfacert^ Suet, dc Plin, pas- 
sim. But sometimes this word si^ifies to name one's heir 'civA 
vocty without writing ; as Horace just before his death is said to 
have named Augustus. The above-mentioned formalities were not 
always observed, especially in later times* / It was reckoned suffix 
eient if one subscribed his will, or even named his heir viva vocs^ be- 
fore seven witnesses/ Something similar to this seems to hare pr^ 
▼ailed anciently, Ofc* Vtrt. i. 45« whence an edict about that mat- 
ter is called by Cicero, Yktub et TaANSLATiTiuM, as being usoal, 
76. 44. 

/Sometimes the testator wrote his will wholly with his own hand» 
m which case it was called hologrdphumj Sometimes it was writ- 
ten by a friend or by others, Plin. Epist vi. 36* Thus the testament 
of Augostus WAS partly written by himself, and partly by two of his 
fiieedmen, Suet. Aug. 103* Lawyers were usually employed in wri- 
ting or drawing up wills, Cic. Jk OruU ii. 6. Suet. Ker. ^ But it 
was ordained under Claudius, or Nero, that tbe writer of another's 
testament (called by lawyers teitamentariusi) should not mark down 
any legacy for himself, Stie^ Net. 17. When a testament was writ- 
ten by another, the testator wrote below» that be had dictated and 
read it over, (sa id DtCTAssa st rkooonovisse.) ^Testaments were 
usually written on tables covered with wax, because in them a per- 
aon eovM most easily^ eme whathe wiabed to tl^Vffiuinctnian. x. 



60 ROMAN ANTIQUITIES. 

3. 3L Hence Cera 19 put for tabula ceratiB or tabtdcs teHamenti^ 
Juvenal, i. 63. /Prima cera, ior prima pars tabutcB^ the fir^t part of 
the vr^L/lhraL Sat. ii. 5. 53. |(nd cera kxtrema, or imay for the last 
mrt. Icfc. Verr. i. 36. Suet. JuoenaL 83» But testaments Were called 
Tabolje, although written on paper or parchment, Ulpian* 

Testaments were always subscribed by the testator, and usually 
bv the witnesses, and sealed with their seals or rings/ («i^m5 eorum 
obsignahantwr^) Cic. pro Cluent. 13. & 14/and also with the seals of 
others, Cic. Att. vii. 2. Sutt. Tib. c. ult. Phn. Ep. ix. 1. They were 
likewise tied with a thread^ Hence nee mea suhjecta canvicla est 
gemma tahella mendacem Hnis imposuisse notam. Nor is my ring, i. e. 
nor am I convilted of having a£Bzed a false mark, or seal, to the 
thread on a forged deed ^or will, Ovid. Pont. ii. 9. 69. It was or- 
dained that the thread should be thrice drawn through holes, and 
sealed. Suet. Jier. 17. 

The testator might unseal (resignare) his will, if he wished to alter 
or revise it, {mutare vel recognoscere.) Sometimes he cancelled it 
altogether ; sometimes he only erased {inducebat v. delebat) one or 
two names. \^ 

^estaments, like all other civil deeds, were always written in Latin^j 
A legacy expressed in Greek was not valid. Ulpian. Fragm. xxv. 9; 

There used to be several copies of the same testament. Thus 
Tiberius made two copies of his will, the one written by himself, 
and the other by one of his freedmen. Suet. Tib. c. ult. 
\ Testaments were deposited, either privately in the hands of a 
fnend, or in a temple with the keeper of itj{apud .Sidituum.) Thus 
Julius Caesar is said to have intrusted his testament to the eldest of 
the Vestal Virgins, Suet. Jul. 83. 

In the first part of a will, the heir or heirs were written thus : Ti- 
TI08 Miai hjbres bsto, sit V. erit ; or thus, Titium hjbrbdem essk 
Jdbeo, vel volo ; also, k4BredetnfaciOy scribo^ instituo. If there were 
several heirs, their different portions were marked. If a person had 
no children of his own, he assumed others, not only to inherit his 
fortune, but also to bear his name, {namen suum ferre^) as Julius 
Caesar did Augustus, {infamiliam nomenqtte adoptavit, adscivit^Saet 
Aspwipsitf Plin.) 

fit the heir or heirs who were first appointed (instituti) did not 
choose to accept, {?iareditatem adire, v. cemere nollent,) or died un* 
der the age of puberty, others were substituted in their room, call- 
ed HiEU£DES SECUJiJn/secundoloco v. gradu scroti y. subsli^ 
tuti^ Cic. pro Cluent. 11. Sorat. Sat. ii. 5. 45. Suet. Jul. 83. 

A corporate city {resptAlica) could neither inherit an estate nor re- 
ceive a legacy^ Plin. Ep. v. 7. but this was afterwards changed. 

/ A man might disinherit {exharedare) his own children, one or all 
of them, and appoint what other persons he pleased to be his heirs j/ 
thus, TiTius FiLius Mfius EXHjBREs BSTO, Plin. Ep. V. 1. Hcnce 
Juvenal. Sat. 10. Codice smto haredes vetat esse suos. Sometimes 
the cause (EI^GIUM» i. e. causa exhitredaiionis)^ was added, 0»r» 



GHTS OP ROMAN CITIZENS. 61 

aC/iietU. 48. Quinctilian. viL 4. 40l decL 2. A testament of this 
1 was called IN0FFICI08CM, and when the children raised an 
action for rescinding it, it was said to be done per querthm iNorri- 

CIOSI. 

{ Sometimes a man left his fortune in trost (Jidei ccmmitiebat) to a 
friend on certain conditions, particdariy that he should ^ve it up 
nl restitueret v. redder^t) to some perscm or persons. Whateyer 
was left in this manner, whether the whole estate, or any one thing, 
as, a /arm, &M. was called FIDEICOMMISSUM, a trust ; and a per- 
son to whom it was thus left, was called HiEKES FIDUCI ARlUg^ 
who might either be a citizen or a foreigner, I. & § 4. D. de accepiil^. 

A testament ctf this kind was expressed in the form of request or 
intreaty, {verbusprccativis ;) thus, Rooo, pbto, velo, manoo, rinn 
Tu^ coMftiTTo, Ter. And. iL 5. and not by way of command, {ver-' 
bis imperativis) as all testaments were, and might be written in any 
limguage. 

r In the last part of the will, {in ttAulis secundit,) tutors were ap« 
pointed for one's children, and legacies (legata) left to legatees, 
</egatortt<,) all in direct and commanding wcurdsj^us, Tutor ks- 
TO, vel TUToRBS suNTo : TUTORCM, v. «ES DO, Cic. Ep. xiii. 61. 
P/tn. Ep. ii. 1. And to their protection the testator recommended 
his children, Ovid. TVist. iii. EUar. 14. 

Legacies were left in four different wavs, which lawyers hare dis> 
tinguished by the following names,— l/per YINDICATIONEM ; 
thus, Do, LBOo ; also, Capito, sumito, t. habbt^o which Virgil 
alludes, JSn. y. 533. This form was so called m>m the mode of 
claiming property, Cic. pro Muran. 12.-^2l per DAMNATIONEM: 
thus, Hares, mbus damnas bsto dare, &c. Let my heir he bounds 
&CC. QuinciiL vii. 9. and so in the plural, 9am mas suhto. By this 
form the testator was said, damnare haredem, to bind his heir* 
Hence damnare aliquem voiisj Virgil, Mn* y. 80. Civitas damnati 
90lt, boood to penorm, Liv. v. 25. But it was otherwise ex* 
pressed; thus. Harks mbus oato, rACiTO ; HfiRBbEii mbum 
pare jdbeo.*--^.(S1N£NDI modo : thus, Hares mbus sinito, 

vel DAMNAS ESTO SIMBRB LCUUH TmUM SUMBRB ILLAM REM, 

y. siBi haberib/-4. (Per PRiECEPTIONEM ; thus, I> TiTius 

IIXAM RBM FRMClFVrOf E MB0JO, Vei E MEDIA HARBDITATB SUMITO, 

siBi^OE HABBTO, Ycl Prcecipiai^ &c when any thing was left to any 
person, which he was to get before the inheritance was divided, or 
when any thing particular was left to any one of the coheirs besides 
his own shareyto which Virgil alludes, Mn. ix» 271. Hence pra- 
ciPERE, to receive in preference to others; and pracbptio, a cer- 
tain legacy to be paid out of the first part of the fortune of the de- 
ceased, Piin. Ep. V. 7. as certain creditors had a privilege to be pre- 
ferred to others (protopraxia, L e. priviiegium quo caieris crtdiiori- 
&ttf, praponaniur^) Id. x. 109. 110. 

fWhen additions were made to a will, they were called CODt 
CnXfUy They were expressed in the form of a letter, addressed to 



63 ROMAN ANTIQUITIfiBw 

the heirs, sometimes also to tnutees, (acl Jideieommisiario$.) It be« 
hoved them, however, to be confirmed by the testament, P/m. Ejk 
li. 16» 

After the death of the testator, his will was opened, HoraL Ep* 
i. 7. in presence of the witnesses who had sealed it, [coram sxgnato^ 
ribtiSj) or a majority of them, Stut. Tib. 23. And if they were ab- 
sent or dead, a copy of the will was taken in presence of other re- 
spectaUe persons, and the authentic testament was laid up in the 
public archives, that if the copy were lost another might be takea 
from ity {esset unde peii posset) Horace ridicules a raiser, who or- 
dered his heirs to inscribe on his tomb the sum he left. Sat. ii, 3. 84 
It was esteemed honourable to be named in the testament of a 
friend or relation, and considered as a mark ff disrespect to be 
passed over, Cic. pro Domo, 19. & 32. pro SexL 52. rhiL ii. 16. 
Suet. Aug. 66. 

( It was usually required by the testament, that the heir should en- 
ter upon the inheritance within a ceitain time, in 60 or 100 days 
at most, Cic. ad Att. xiiL 4R.^dt OraU i. 22. Plin. Ep. x. 79. This 
act was called HiEREDITATIS CKETlOjXhares cum eoiutUuU se 
hceredem ssse diciiur cernere, Farr. L. L. vi. &) and was perform- 
ed before witnesses in these words : Cum he Mavius bjbkeoeii 

INSTITUERIT, EAM HJEREDITATEM CBRNO ADSOQUB. After Sayiug 

which, {dictis ereti<mis verbis,) the heir was said Hjbreditateii adis- 
SE. But when this formality (Cretioms solbmnitas) was not re- 
quired, one became heir by acting as such, (pro harede se oerenpo, 
vel OKSTioNt,) although he might also, if be chose, observe the so- 
lemn form. 

(If the father or grandfather succeeded^ they were called haredes 
ASCENDENTES ; if, as was natural, the children or grandchildren, 
DESCENDENTES ; if brothers or sisters, COLLATERALES^ 

I If ^^y one died without making a will, (intestatus,) his goods de- 
volved on his nearest relations ; first to his children ; failing them, to 
his nearest relations by the father's side, {agnails;) and, ftiiling them, 
to those of the same gen8y{gentilibus.) At Nice, the community 
claimed the estate of every citizen, who died intestate, Plin. x. 88« 

{ The inheritance was commonly divided into twelve parts, called 
tinctce. The whole was called AS.^Hence hmres ex asse, heir to 
one's whole fortune ; hares ex semi^se, ex triente, dodrante^ 4cc to 
the half, third, three-fourthe, Ac 

The UNCI A was also divided bto parts ; the half, 8EMUNCIA, 
the third, DUELLA, or binoi sexiula, the fourth, 8ICIL1CUM v. 
-us, the sixth, SEXTULA, Cic. pro Cacin. 6. 

The RIGHT of TUTELAGE or WARDSHIP. 

Ant father of a family might leave whom he pleased as guafdians 
{tniorts) to his children, Liv. \. 34 /But if he died intestate, this 
charge devolved by law on the neare^ relation by the father^s side/ 
Henee it was called TUTELALEGITIMA. This law is generafly 



RIGHTS OF ROMAN CITIZENS. 63 

Uftiiied« as in later times it gave oecasion to many frauds m preju- 
dice of wards, {pupUli,) Horat. Sat. ii. 5. Juvenal. Sat yi. 38. 

AVben there was no guardian by tasUument, nor a legal one, then 
a guardian was appointed to minors and to women, by the praetor, 
and the majority of the tribunes of the people t^ the Aiilian law^ 

7ide A. U. 443. But this law was afterwards changed. 
Araon^ the ancient Romans women could not transact any pri- 
vate business of importance, without the concnrrence of their pa- 
rents^ husbands, or guardians, Lti?. xxxiv. 2. Cic. F/cicc. 34. & 35. 
and a husband at his death might appoint a guardim to his wife, aa 
to his daughter, or leave her the choice of her own guardians, Lt«; 
xxxix. 10^ Women^ however, seem sometimes to have acted aa 
guardians) Ltv. xxxix.* 9. 

If any guardian did not discharge his duty properly, or defrauded 
his pupil, there was an action f^inst him, {judicium tuteia,) Cic 
pro Q. Rose. 6. Orat. i. 36. Csecin. 3. 

Under the emperors guardiana were obliged to give aecurity (^a- 
tisddre,) for their proper conduct, (rkm pupilli roas salvam,) Di^ 
gtsL A signal instance <^ punishment inflicted on a perfidious 
guardian is recorded, Sud. Qalb. 9* 

II. PUBLIC RIGHTS o/ ROMAN CITIZENS. 

* Thefe were. Jus Cens&s^ Militia, TribtUorum^ Suffragii^ HonorwUf 
ei SucroTxanJ 

L JUS CENSUS. (The right of being enrolled in the censor's 
books. \ This will be treated of in another place* 

II. JUS MILITIiS. ( The right of serving in the army^t first 
nonM>ut citizens were enlisted, and not even those of the lowest 
class* But in after times, this was altered ; and under the emperors 
s^diers were taken, not only from Italy and the provinces, but also 
at last finom barbarous nationsJZoWm. iv. 30. & 31. 

III. JUS TRIBUTORUM. /Tbibutuh properly was a tax pub. 
Kcly imposed on the people, which was exacted from each indivi^^ 
dual through the tribes in proportion to the valuation of his estate, 
(prd partione censiis,) Money publicly exacted on any other ac» 
count, or in any other manner, was cdled YECTIGAL^arro de 
Ling. LaL iv. 36. But these words are not always distinmiished. 

There were three kinds of tribute fone imposed equally on each 
person, (in capita,) which took place under the first kings, Vionjfs. iv. 
4S« another according to the valuation of their estate J {ex ecnsuj) 
Liv. i. 48. iv. 60. Dionys. iv. 8, ISf and a third, whicn was extra- 
ordinary, and demanded only in cases of necessity, and therefore de^ 
pendinff on no rule, (^emeranum,)^Festus. It was in many instances 
also voluntary, Liv, xxvi. 36. &nd an account of it vms taken. 



64 ROMAN ANTIQUITIES. 

that when the treasury was again enriched, it might be repaid, as 
was done after the second Punic war, Id, 

After the expulsion of the kings, the poor were for some time 
freed from the burden of taxes, until the year 349, when the senate 
decreed, that pay should be ffiven from the treasury to the common 
soldiers in the army, who had hitherto served at their own expense ; 
whereupon ail were forced to contribute annually according to 
their fortune for tlie pay of the soldiers, Liv. iv. 59. and 60. 

In the year of the city 586, annual tributes were remitted, on ac- 
count of the immense sums brought into the treasury by L. Paulus 
^milius, after the defeat of Perseus, Ctc. Offic. ii. 2*i. and this im- 
munitv from taxes continued, according to Plutarch, down to the 
consulship of Hirtius and Pansa. 

The other taxes (VECTIGALIA) were of three kinds,|PoWor»tim, 
DectmcBy and Scriptura^ 

L( PORTORIUM was money paid at the port for goods import- 
ed and exportedythe collectors of which were called PORTITO- 
RES ; or for carrying goods over a bridge, where every carria^ 
paid a certain sum to the exacter of the toll. Digest. Vid. Cas. B^ 
G. I. 18. et III. 1. The portoria were remitted A. U. 692, the year 
in which Pompey triumphed over Mithridates, Dio. 37. 51 • Ctc. 
AiU iL 16. but were afterwards imposed on foreign merchandise by 
CsBsar, Suet. Jul. 43. 

2.[D£CUAL£, Tithes, were the tenth part of com, and the fifth 
part of other fruits, which were exacted from those who tilled the 
public lands, either in Italy or without it,/ p^hose who fanned the 
tithes were called DECUMANI, and esteemed the most honourable 
of the publicans or farmers general, as agriculture was esteemed the 
most honourable way of making a fortune among the Romaqg^ Ctc. 
Verr. ii. 13. iii. 8. The ground from which tithes were paid was 
also called DECUMAN U 8, Ctc. Vtrr. iL 6. But these lands were 
aU sold or distributed among the citizens at different times, and the 
land of Capua the last, by Caesar, SutL Jul. 2. Ctc. Ait. ii. 16. 

3.( SCRIPTURA v^as the tax paid from public pastures and 
woods, so called, because those who wished to feed their cattle 
there, subscribed their names before the farmer of ibemJ{coram pe- 
cuario vel scripturariOf) Varro de Re Rustica, ii. 3. 16.^md paid a 
certain sum for each beas^i Festus in Scripturarius Ager^rs was 
likevrise done in all the Yithe-Iands,' {inagris decumanisy) Cic. Yerr. 
iii. 52. Plant True. i. 2. 44. ' 

All those taxes were let publicly by the censors at Rome, [hca- 
bantur sub hastd) Cic. Rull. 1. 3. Those who fiirmed them (redi- 
mebant v. conducebant) were called PUBLICANI or MANCIPES, 
Cie. pro Domoy 10. They also gave securities to the people, (Pro- 
bes,) and had partners who shared the pr<^t and loss with them, 
(Socn.) 
(There was a long tax upon salt* In the second year after the 



RIGHTS OF ROMAN CITIZENS. 6S 

expDMon oC.Tarqufai, it wafl ordained that salt should not be sold by 

Erivate persons, but should be foraished at a lower rate by the pub*> 
c, Liv. H. 9. A new tax was imposed on salt in the second Punic 
war, at the soggesdoo of the crasors Claudius Nero and Liviu8» 
chiefly the latter, who henoe got the surname of Salmaiory Liv. xxix* 
37. But tins tax was idso dropped, altboi:^ it is uncertain at what 
tinie. ' 

^%ere was another tax, which continued longer, called VICBSI^ 
MA, i, e. the twentieth part cf the value of any slave who was freed, 
Cic. Att. ii. 16. It was impoeed by a law of the people assembled 
fay tribes, aad confirmed by the senate. What was sii^ar, the law 
was pasfiied in the csBip, Lm^rA. 16w Th^money raided from tUs 
tax {aurum vicesitnarium) used to be kept for the last exigencies of 
the state, Ldv, xxvii. 10. ^ 

Various o^r taxes were invented by the emperors ^as the hun- 
dredth part of things to be sold, (eentmma^ Tacit L 78.) the twenty* 
fifth of slaves, (vigetima quinttt maneipiontm^) and the twentieth of 
inheritances, (vig$sima httrtdilatum^ by Augustus, SutU Aug. 49* 
Dio* Iv. 25* a tax on. eatables, {pr^ ediUiis^) by Caligula, SmU 40. 
and even on urine, by YespasianJStiei. S3. &c 

IV. (jus SUFFRAGII, the right of votmg in the different as- 
semblies of the. people^ , . 

V.( JUS IIONORtiM, the right of bearing public offices in the 
state. These were either priesthoods or magistracies, {sactrdolia 
el magistraius^ which at first were conferred only on Patricians, but 
afterwards were all, except a few, shared with the Plebeians. 



VI. JUS SACRORUM. Sacred rites were either public or pri^ 
vale. (The public were those performed at the pubHc expense ; the 
mivate were those which e^ry one privately obi^rved at hon^g^ 
rTbe Vtntal Virgins preserved the public hearth of the city : the 
cur%om9 with th^ curiaUs kept the hearths of the thirty curice ; the 
priosts of each vHlaffe kept the fires of eadi viHage (Pagorum.) 
And because upon the puUic establishment of Cbistianity in the 
empire, when by the decrees of Constantino and his'sons, the profane 
Worship of the gods was prohibited in cities, and their temples shut, 
those who were attached to the old superstition fled to the country, 
and secrethr performed their former sacred rites in the villages ; 
hence PAGANS came to be used for Heathens, (ddmot, OeiUiles^) 
or for those who were not Christians ; asfiBinciently amons the Ro« 
roans, those were ccdiedPAGANI who wete not soidierv J*'^'**^'* 
xvi. 38. Si««. Galb. 19. P.lin. Ep. vii. 25. Thus, Pagani it Montana 
are called PMssUrhana by Cieero, because they were ranked among 
the city tribes, although they Hved inthe villages and mountains, />ro 
IhmOn 28. 



YEach gens had certain sacred rites peculiar to itselC (gentilitiaf 

9 



Lnr. V. 53.) which they did not intecmit even in the beat of a war, . 



66 ROMAN ANTIQUITIES. 

Liv. V. 46. Every fiither of a family had his ewn hduaeholdogodi^ 
. whom he worshipped privately a& bdme. 

Those who came from tiie free towns, and settled at Rome, re- 
tained their municipal sacred rites, and the cokmies Fetained the si^ 
crpd rites of the Roman people. 

(No new or foreign gods could b€( adopteckby the Romansrunless 
by public authority* Thus ^sculapius was publicly sent for from 
Epidaurus, and Cybele from Phrygia, lAv^ xxix. 11. & 12. Hence 
if any one had introduced foreign rites of faimsdf, they were pubUe- 
ly condemned by the senate, Liv. iv. 30. lav. 1. xxzix. 16. /But 
under the emperors all the superstitions of foreign nations were 
transferred to jkomey as the sacred rites of Isis, Smi[HS and AmU 
bis.from Egypt, &c. 

It was a maxim among the Romans, that no one could be a citi* 
zen of Rome, who suffered himself to^bc made a citizen of any other 
city, Cic^pro C^ciru 36. Nepo8 t» vita Auid^ 3. which was not the 
case in Greece, Cte. pro Arch. 5. And no one could lose the free* 
^ dom of the city against his will, Cic.pro Dom. 29. & 30. pro Cacin. 
33. (If the rights of a. citizen were taken from any one, either by 
way of punishment, or for any other cause, some fiction always took 
place/ fThus when citizens were banished, they did not expel them 
by force, but their goods were confiscated, and themselves were for- 
bidden the use of fire and veater, (its igne e$ aquA tnterdictum €##,) 
which obliged them to repair to some foreign place/ (Augustus add- 
ed to this form of banishment what was called DtJPORTATIO, 
whereby the condemned, being deprived of their rights and fortunes, 
were conveyed to a certain place, without leaving it to their own 
choice to go where they please^/ 

^^hen any one was sent away to any place, without being de- 
prived of his rights and fortunes, it was called RELEGATIO^ 
Thus Ovid, TrisL iL 137. v. 11. 31. -^ 

( So captives in war did not properly lose the rights of citizens* 
T!hose rights were only suspended, and mieht be recovered, as it 
was called, jure poHlinwnii^ by the right of restoration orretuni,,^ 
Cic. Top. 8. dc Oral. i. 40. 

In like manner, if any foreigner, who had got the freedom of 
Rome, returned to his native city, and again b^me a citizen of it^ 
he ceased to be a Roman citizen, Cic pro Balb. 12. This was call- 
ed postliminium^ with regard to ins own country, snd rejectio eiviiU" 
tify with regard to Rome. 

) Any loss of liberty, or of the rights of citizens, was called DIMI- 
NUTIO CAPITIS/Cy. pro MU. 36. jus libcrtatis immtwdim. Sat 
hist. Cat. 37. Kehcef Capitis minory sc ratione vel resptctUf or ca* 
pile diminutuSf lessened in bis state, or degraded fitmi the rank of n 
citizen, Horat. Od. iil 5. 42. The loss of liberty, which included 
the loss of the cily, and of one's family, was caHed diminuiio capitis 
niaxinut ; banishmient diminuHo media ; ^ny cbuoge of iamily mini* 
»»«, Digest, ii. de capite mmutis. 






JUS lATU 67 

JUS LATH, 

The jus LATII, or LATINITAS, Suti. Amg. 47. Gc M. 
m. 13. v^8 next to thoTtit civiiatis. ' 

^Latiom andently {Latwm Vehu) was boonded by the mers Ti* 
ber, Anioy lJfeii% anui the TiMcan aea^ It contained the Attmnsy 
Riitali, and iBqni. It waa afterwards ^tended (Lalium Jiovum) to 
the River liris, by Pliny caBed Olanis ; hence its modem name^ 
Gurr^liamij and oomjxrehended the Osci, Aosones, and Volsciy 
PHh. uu 9l The inhabitanis of Latium were caUed^L/iTiifi Socii, 
wfmms LATiwDiit ■'' *oai Latini nohihis, dec. Socii tt •JLatimm^ 
Jfomen^ means the Italians and LaUns 

J The JUS LATII was inferior to the Ju» cmiaHs^ and superior to 
iSpJus halicum / but the precise difference is not ascertained. 

rThe Latins used their own laws, jbnd were not subj^st to the edicts 
oi the Roman proctor. jUiey were permitted to ad(^ some of the 
Roman laws, if thev chose it, and then the^ were called POPULI 
FUNDIyjCSc^ pro Batb. 8* If any state did not choose it, it was 
said CI iiBoi r. de em lege yranus ritai noiiiift, i» e« auelorf tub* 
scriplor este^ v.> earn probart et rectp6r«, ib. 

rThe Latins were not enrolled at Rome^ but in their own citie|/Lt9. 
xu. 9. They might be called to Rome to give their votes about any 
thing, Iav^xsv. 3. But then they were not included in a certain 
tribe, and used to cast lots to know in what tribe they should vote, 
ibid, and when the consuls chose, they ordered them, by a decree of 
tiie senate, to leave the ci^, Cic. Brui, 26. which, however, rarely 
happened, etc. j9ro Seat do, 15. 

t Such Latins as had borne a civil ofSce in their own state, became 
ckizens of Rome| Appian. de Belh Cw. n. p* 443./ but could noi 
enjoy honours before the /eat Julia was made, LA^. viii. 4. xxiii. 39L 
by which law, the right of votinj^ and of enjoying honours was grant- 
ed to those who had continued ftithful to Kome in the Soeiat vra v^ 
A. U. 663 ; wUch the Latins had done. The distinction, however, 
betwixt thefuB Lata and the fus chiiatis^ and tlie same mode of ac- 
quiring the foil right of citizenship, (per Lalium in civitatum viniefu 
sK,) was still retained, Pltn. Panee. 37. & 38. Sirab, iv. p. 186. f. 

The Latins at first were not allowed the use of arms for their own 
defence, without the order of the people, Iav. ii. 30. iii. 19. but af- 
terwards they served as alKes in the Roman army, and indeed con- 
stituted the principal parts of its strength. I They'someiimes furnish^ 
ed two-thvds of the cavalrr, and also of the infantrw Liv. iit. 2^. 
XXL 17. et alibi pasHm. But they were not embodiedm the lesion^ 
andfwere treated with more severity than Roman cHizens, beuig 

Junished widi stripes, from which citizens were exMipted by the 
'orcian hviSallmU Jug. 69. 

/The Latins had certain sacred rites m common with Roman citi- 
zens : as the sacred rites of Dianjft at Rome, (instituted by Servii^ 
T^lius, Lt9. i. 45« in imitiUioiiof the wfnipMciydne^ at Delphi, and 



' / 



68 ROMAN ANTIQUITIES. 

of the Grecian states in Asia in the temple of Diana at Ephdsiur , 
Diontfs, iv. 26.) and the Latin holy days kept with great solemnity 
on the Alban mountain ; first for one day, the 27th April, and after- 
wards for several daysV The Romans always presided at Che sacri** 
fices, Liv^ xxl c. ulL xx. I. Dimys. iv. 49. Besides tfaeaejibe La- 
tins had certain sacred rites, and deities peculiar to tbcSnselvef^ 
which they worshipped ; as Feroma at Terracina, Jupiter at Lanu-* 
▼ium/Zifv.^xzxii. 9. 

They bad also solemn assemblies in the grove of Ferentina, Im* 
L 50. which appear in ancient times to have been employed for poli- 
tical as well as religious purposes. Fh>m this convention all those 
were excluded who did not enjoy the jm LfttHn 

JUS ITALICUM. 

All the country between the Tuscan and Adriatic seas, to the ri- 
vers Rubicon and Macra, except Latium, was called Italyy/The 
states of Italy being subdued by the Romans in different wan^ were 
received into alliance on different condition^ In many respects they 
were in the same s^te with the Latins. /They enjoyed their owo 
laws and magistrates, and were not subject to the Roman Pnetoi/ 
They were taxed {ctnii) in their own cities, and furnished a certain 
number of soldiers according to treaty. Butphey .had no access 
to the freedom of Rome, and no participation of sacred ritey^ 

After the second Punic war, several of the Italian states, for having 
revolted to Hannibal, were reduced to a harder condition by the Die* 
tator Sulpidus Galba, A. U. 550 ; especially the BnUiii^ Piceaiinu 
and Lucanij who were no longer treated as allies, and did not fur- 
nish soldiers, but public slaves, «^. GelL x. 3. Capua, which a little 
before had been taken, lost its public buildings and territory, Liv. 
XXvL I& ^Butaftera long and violent struggle . in the Social, or 
Afarsic war, all the Italians obtained the right of voting and of en- 
joying honours by the Julian, and other laws^ Sulla abridged these 
privim;es to those who bad favoured the^posite party ; but this 
was of short ooi^nuance, Ctc. pro Domo^ 30. Augustus made va- 
rious changes. He ordered the votes of the Italians to be taken at 
home, uid sent to Rome at the day of the comitia, Sutt. Aug. 46. 
He also ffranted them an exemption. from furnishing soldiers, Htro-^ 
jdian, ii. 11. 

^'The distinction <^ the jub Latii and Jtalicum^ however, stiU conti- 
jHjed ; and these rights were granted to various cities and states out 
of Italy, P/tn. iii. X 4. In consequence of .which, farms in those 
places were said to be IN SOLO ITALlCOias well as those in Ita- 
ly, and were called PRiEDIA CENSUI CENSENDO, (^quod m 
cenium rtferri poteranij uipoU ru fnancgri, qua venire emiqtu pote^ 
rant jure dvUij) Cic. pro Flacc. 32. and aaid to be in cofpore ceneve, 
i e. to constitute part of that estate, according to the valuation of 
which in the consorts books eveiy one pakd taxes, JusoenaL xvL 53, 
Dio. 3& L . 



^ 

\ 



/^T, 



F&OVINCES. 09 

PROVINCES. 



Tboisb ceuntrie9 were calfod ProomcM, which the Roman people 
imwiBg conquered by ajrras, or reduced any other way under their 
power, sabjected to be governed by magiatirates sent from Rom^»/ 
{pKfd toi proTicit^ L e. ante vieiL, Festui^ ( The senate having re- 
ceived letters concerning the reduction of any country, oonauked 
what laws they thought proper should be prescribed to the conquer- 
ed, and sent conimonly ten ambassadors, with whose concurrence 
the genenii, who had gained the conquest, might settle every dui^, / 
Liv. zly. 17. & 1& 

^hese laws were called the FORM or formula of the provinc^ ' 
Whateyer the general, with the advice of the ten ambassadors, de- 
termined, used to be pronounced publicly by him before an assem- 
bly, aAer silence was made by a herald, Lh>, xlv. 39. Ctc« in Vtrr* 
iL 13. Hence, Infarmulam sodorum rtfirri^ to be enrolled amof|8^ 
Liv. ziiv. 16. Vrb^m formulig^ m juris fattrt^ to hold in depend* 
ence or subjection, xxxviiL 9. In wnXiqui fofTundum juris rtstituif 
to be broitght into their former stale of dependence on, dec. zxxtL 
33. So xziv. 26. 

The first country, which the Romaics reduced into the form of a 
prpvince, was Sicily, Cic, Ftrr. ii. 1. 

/The condition of all the provinces was not the same, nor of all 
tlie cities in the same province, but different, accordi^ to their 
merits towards the Roman people ; as they had either spontaneous- 
ly surrendered, or made a long and obstinate resistance. Some 
were allowed the use of their own laws, and lo choose their own 
magistfates ; others were not. Some also were deprived of part^if 
thehr territory^ 

I Into each province was sent a Roman governor, (PRASES,) 
Ovid. Pont iv. 7. 3. to command the troc^s in it, and to administer 
justicej together with a qusstor, to take care of the public money 
and taies, and to keep an account of wluU was received and expend- 
ed in, theprovineaf^ The provinces were grievously oppressed with 
taxes) A^he Romans im{x>sed on the vanquished, either an annual 
tribtite, which was called CENSUS CAPITIS, or deprived them 
of part of their groundg>) and either sent planters thither from the 
city, or restored (hem to the vanqiiished, on omdition that thev 
should give a certain part of the produce to the republic, which 
was called CENSUS SOLI, Cie. in Fsrr. iii. 6. v. 5. The former, 
J. ctthose who paid their taxes m money, were called STIPENDI- 
ARlIi^ Tnbutarii^ as GaUia comata. Suet. Jul. I5. '(The latter, 
yE(?TIGALES ; who are thought to have been in a better condi- 
tion than the former^ But these words are sometimes confounded. 

/The sum which (he .Romans annuallv received from the stipen- 
diary, states was always the same ; but the revenues of the vectigales 
depended on the uncertain produce of the tithes, of the taxes on the 
pwlic pastures^ (icripHira^ and on goods imported and exported* y 



/' 



70 ROMAN ANTIQUITIES. 

ijfortorium.) Sometimes, instead of the tenth part, if the province 
was less fertile, the twentieth only was exacted, as from the Span- 
iards, lAv, xliii. 2. Sometimes, in cases of necessity, an additional 
tenth part was exacted above what was due : butth^i money was 
paid for it to the husbandmen, Cic. Verr. iii. 31. Whe^nce it wa9 
called/mmen^wm emptum^ also dtcmrionwn^ or imperalum^ Lit. xxxvi. 
3. xxxvii. 2. & 50. xlii» 31. 

Asconius, in his commentary on Cicero, Vert* ii. 2. mentions 
three kinds of payment made by the proTindals; the regular or 
usual tax, a voluntary conthbotioo or benevolence, and an extraor- 
dinary exaction or demand ; {Omne genus pensitationis in hoccapUt 
^nftim eW, CANONis, quod dtbtrttw ; ofii^ATioiiis quod opus esset : 
et INDIOTIONI8, qMod imperarttur,) In which sense Indictxo is used 
bv Pliny, Pane^. 29. 

(Under the emperors, a rule was made out, called Caiton raoiiRfr- 
TARios, in which was comprised what corn each province ought 
yearly to fumisty The corn thus received was laid up in public 
granaries, both at Rome and in the provinces, whence it was given 
out, by those who had the care of provisions, to the people and sol'- 
diers. 

y Under the en^crors, besides a certain sum pmd for the public 
pastures, the people of the provinces were obliged to furnish a cer> 
tain number of cattle from their flock, Vopisc, in Proh. 15« and be- 
sides the tax paid at the port, as in Sicily, Gc. Verr. ii. 72w in Asia, 
Ctc. 'Agim'. ii. 29. in Britain, TaciU Viu Agrk. 31. They also paid 
a tax for journeys, SuaU FtielL 14. especially for carrying a corpse, 
which could not be transported from one place to another without 
the permission of the high-priest or of the emperor. But this tax 
was abolished. 

There was also a tax on iron, silver, and gold mines, as in Spain, 
Xa9. xxxiv. 21. ; on marble in Africa ; on various mines in Mace- 
donia, Illyricum, Thrace, Britain, and Sardinia ; and also on saltr 
pits, as in Macedonia^^r. xlv. 29. 

MUNICIPIA, COLONIZE, et PILEFECTURJE. 

,/MuNiciPiA were foreign towns, which obtained the right of Ro- 
man citizens./ Of these there were different kinds. /^ome possessed 
all the right8^>f Roman citizens, except such as could not be enjoy- 
ed without residing at Rome. Others enjoyed the rieht of serving 
in the Roman legion, (MUNBRA militana CAPEKEpoterant,) but 
had not the right of voting and of obtaining civil offices^X^ 

The Municipia used their own laws and customs, which were 
called LEGES MUNICI PALES ; nor were they obliged to re- 
ceive the Roman laws unless they chose it : (nisi fundi fieri vbU 
lent.) And some chose to remain as confederate states, {civilatss 
faderataf) rather than to become Roman citizens ; as the people of 
Heraclea and Naples, Ctc. pro Balbo, 8. 

There w^re anciently no such free towns except in Italy, but after- 



MUNICIPA, COLONIiE. ^r PR^PECTURiE, 71 

wards vre find thecn also in the provinces. Thus PKny mentions 
eight in Batica^ and thirteen in hither Spain» HisU J^aL iii. 2. 



K 



COLONIES v^ere cities or lands which Roman citizens were sent 
to inhabityVrhcy were transplanted commonly by three commis- 
sionersy {pet^triumviros colonia dcducenda agreque dividunda. Liv, 
yiii. 16.) sometimes by five, ten, or more.' Twenty were appointed 
to settle thecelony of Capua, by One Julian law, Dio. xxxviii. 1. 
The people determined in what manner the lands were to be divi- 
ded, and to whom. The new colony marched to Uieir destiped 
Elace in form of an army, with colours flyin/^, (sub vexUh.) [The 
inds were marked round with a plough, and his own portion assign- 
ed to every one, Vtrg. Mru i. 425. v. 755. Ail which was done 
after taking the auspices, and ofiering sacrificey^ Cic. Phil. ii. 40. 
& 42. ^ 

^heh a city was to be built, the founder, dressed in a Gabinian 
garb, {Gabino cincht omatus^ v. Gabino cultu mdnctus^ Liv. v. 46. 
/i. e. with his toga tucked up, and the lappet of it thrown back over 
the left shoulder, and brought round under the right arm to the 
breast ; so that it girded him, and made the toga shorter and closer^)/ 
yoking a oow and bull to the plough, the cralter whereof was of 
brass, marked out by a deep furrow the whole compass of the city ; 
and these two animals with other victims were sac^ficed on the 
aJtars. All the people or pknters followed, and turned inwards the 
clods cut by the plough. rWhere they wanted a rate to be, they 
took up the plough and leu a space. Hence PORTA, a gattJ(a 
portando aratrum.) And towns are said to have been calledTtlR- 
BES from being surrounded by the plough, {ab orbe, vel ab urvo, 
i. e. 6wn', sive aratri curvaiuraj Varro de Lat. Ling. iv. 2. Festus*) 
The form of founding cities among the Greeks is described by Pau- 
sanias, v. 27. who says that the first city built was Lyco$Ura in Ar- 
cadia, viii. 38. 

When a city was solemnly destroyed, the plough was also drawn 
along (inducebatur) where the w^Us had stood, Horat. Qd. j. 16. 
Hence, El seges est^ ubi Trojafvil, Ovid. Her. i. 1. 53. We read 
in the sacred writings of salt being sown on the ground where cities 
had stood, Judg, ix. 45. Mc, iii. 12. 

The walls of cities were looked upon by the ancients as sacred, 
but not the gates, PluU Qwzst. 26. The gates, however, were reck- 
oned inviolable, {sancta.) 

fA space of ground was left free from buildings both within and 
without the walls, which was called POMiERIUM, (i. e. Iccus circa 
muneny vel post murum intus et extra,) and was likewise held sacred, 
Ltr« i. 44. Sometimes put only for the open space without the 
wall^iTJor. i. 9. When the city was enlarged, the panuBriimi also 
was extended; (hi ctmsecrati fines prof ertbantur^ Liv. ibid.) 

The ceremonies used in building cities are said to have been bor« 
rowed from the Hetrurians, i&td 



72 ROMAN ANTIQUITIES. 

It was unlawful to plant a new colony where one had been planted 
before, Cic. Phil. ii. 40. but supplies might be sent 

The colonies solemnly kept the anniversary of their first settle- 
ment, (extern na/o/em co/ont(e religiose coUbant,) Cic. ad Attic, iv. 1. 
Sext. 63. 

Some colonies consisted of Roman citizens only, some of Latins, 
and others of Italians, Lvv. xxxix. 5A. Hence their rights were 
different. Some think that the Roman colonies enjoyed all the 
rights of citizens, as they are often called Roman citizens, and were 
once enrolled in the censor^s books at Rome, Id. xxix. 37. fiut most 
are of opinion, that the colonies ^ bad not the right of voting, 
nor of bearing offices at Rome, from Dio, xliii. 39. & 50. The 
rights of Latin colonies were more limited ; so that Roman dtizens 
who gave their names to a I^tin colony, suffered a diminution of 
rank, Cic. pro Ccecin. 33. pro Domo, 30. The Italian cobnies 
were in a still worse condition. The difference consisted chiefly in 
th^ir different immunity from taxes. 

^ Sulla, to reward his veterans, first introduced the custom of settling 
MILITARY COLONIES, which was imitated by Julius Cssar, 
Auffustus, and others. To those colonies whole legions were sent 
with their officers, their tribunes, and centurionsi out this custom 
afterwards fell into disuse. Tacit, Annul, xiv. 73: For the sake of 
distinction the other colonies were called CIVILES, PLEIBEI^ 
or TOGATJB, because they consisted of citizens, or, as they were 
afterwards named, PAGANI, or Privati^ who were opposed to sol- 
diers. Seep. 77. 

/The colonies differed from the free towns in this, that they used 
tne laws prescribed them b$^^be Romans, bul they had almost the 
same kind of magistrates^/ifheir two chief magistrates were called 
DUUMVIRI, and their senators DECURIONE^/because, as some 
say, when the colony was first planted, every tenth roan was made a 
senator. The fortune requisite to be chosen a Decurio^ under the 
iDmperiH's, was a hundred thousand sestertii^ Plin. Ep. i. 19. 
/The senate, or general counciL of Gredan cities, under the Ro- 
man empire, was called BULE,^al^ouX«i, consilium,) Plin. Ep. x. 85. 
its members, BULEUTiE, ib. 1 15. the olace where it met at Syra- 
cuse, BuLEUTERiuM, Ctc. Ferr. ii. 21. /an assembly of the people, 
ECCLESIA/P/m. Ep. x. 3. In some cities, those who were cho- 
sen into the senate by their censors, piud a certain sum for their ad* 
mission, {honorarium decurionatusj\ t6. 114. and that even although 
chosen contrary to their own inclinations, ibid. In Bithynia, they 
were subjected to regulations with respect to the choice of senators, 
similar to those at Rame, ib. 83. 1 15. /An act passed by the senate 
or people, vras called Pskphism^/ Id. x. 52. 5S. It was there cus* 
tomary, upon a person's taking the manly robe, solemnizing his 
marriage, entering upon the office of a magistrate, or dedicating any 
public work, to invite the whole senate, with a considerable part of 
the commonalty, to the number of a thousand, or more, and to dis* 



MUNICIPIA, COLONIiE, et PR^FECTURiE- 73 

fribote to each of tbe company a dole {sporiula) of one or two cZe- 
uarii: This, as having the appearance of an ambitioos largess 
{diamone) was disapproved of by Trajan, Plin. Ep. x- 117. 118. 

Each colony had cooouQonly a patron, who took care of their in« 
terests at Rome, D107ty9.iL 11. 

^PRiEFECTUR^, were towns to which prefects were annually 
sent from Rome, to administer justice, chosen partly by the people, 
and partly by the prsBto^ Pestw. Towns were reduced to this 
form, which had been ungrateful to the Romans ; as Culatiaf Liv. i. 
38. Dionys. iii. 50. Capua^ Liv. xslti. 16. and others. They 
neither enjoyed the rights of free towns nor of colonies, and differed 
little from the form ofprovinces. rTheir private right depended on 
the edicts of their prefects, and tneir public right on the Roman 
senate, who imposed on them taxes and service in war at pleasure^ 
Some PrcRfecturft, however, possessed greater privileges than others. 

(Places in the country or towns where markets were held, and 
justice administered, wece called FORA^^s Forum AoasLiUM, Cie. 
Cat. i. 9. Forum Appii.^ Cic, Ml, ii. tO. Forum Comeliif JulU^ 
Liviiy &c. 

d^laces where assemblies were held, and justice administered* 
wdre called CONCIUABVLA/Liv. xl. 37. 

(All other cities which were neither Mitnicipia^ Colonics^ nor Pr<z* 
fectura, were called Confederate States, (CIVITATES FCEDERA- 
T^.W These were quite free, unless that they owed the Romans 
certain things according to treaty. Such was Capua before it re* 
voited to Hannibal. Such were also Tarentum, Naples, Tibur, and 
Prseneste. 

FOREIGNERS. 

/All those who were not citizens, were called by the ancient Ro- 
mans, foreigners, (PEREGRINI,) wherever they lived, whether in 
the city or elsewhere^ But^after Caracalla granted the freedom of 
the cAiy to all frcebom men in the Roman world, and Justinian 
some time after granted it also to freedmen, the name of foreigners 
fell into disus^ and the inhabitants of the whole world were divid- 
ed into Romans and Barbarians, j/the whole Roman empire itself 
was called ROMANIA, which name is still given to Thrace, as beinff 
the last province which was retained by the Romans, almost until 
the taking of Constantinople by the Turks^A. D. 1453. 

4 While Rome was free, the condition of^foreigners was very dis- 
reeable. They might indeed live in the city, but they enjoyed 
none of the privileges of citizens. Tbey were also subject to a par* 
ticular jurisdiction, and sometimes were expeUed from the city at 
the pleasure of the magistrates^ Thus M« Junius Pennus, A. U« 
6i7, and C. Papius Celsus, A. 0:688. both tribunes of the people, 
passed a law ordering foreigners to leave the city, Cic, Off. iii. 1I« 
Bfut. 8. So Augustus, Suet. Aug. 42. But afterwards an immense 
number of foreigners flocked to I^me from all parts, Juv. Sat. vL 

10 



] 



J 



1 



74 ROMAN ANTIQUITIES. 

58. Sirnca ad Hdv. c. 8. So that the greatest part of the common 
people consisted of them ; hence Rome is said to be mumdifcKt -re* 
pUittj Lucan. vii. 405, 

Foreigners were neither permitted to use the Roman dress, Suet^ 
ClaudjMi. nor had they the right of legal property, or of making a 
will, /when a foreigner died, his goods were either reduced into 
the trcasnry, as having no heir, {quasi bona vacantia,) or if he had 
attached himself {se applictiissei) to any person, as a patron, that per* 
•son succeeded to his effects, JURE APPLICATIONIS, as it was 
calledJac. de Orat. I 39. 

/But in the process of time these inconveniences were removed, 
and foreigners were not only advanced to the highest honours in the 
^ate, but some of them even made emperoi^*'' 

Tke ASSEMBLIES af the PEOPLE. 

fAjs assembly of the whole Roman people to give their vota about 
any thins, was called COMITIAJf^ coeundo vet conmmdo,)/ When 
a part of the people only was assembled, it ^as called CONCILI* 
VM.M. Gell. xv..27« But these words were not always distingoidi- 
ed^jLtr. vi. 20. 

/fn the CtmUtia^ every thin^ which came under the power of the 
people was transacted ; magistrates were elected, ana laws passed, 
particularly concerning the declaratbn of war, and the making of 
peace^ Persons guilty of certain crimes were also tried in the Oh 
mUia^fPolyh. vi, 12. 

fllie Comitia were always summoned by some magistrate, who 
presided in them, and directed every thing which came before them ; 
and he was then said, habere comitiaj^ AVhen he laid any thing 
before the people, he was said agerb cum POPULO^/Getf. xiii. l£ 
As the votes of all the people could not be taken together, they 
ii^re divided into parts. 

[There were three kinds of Comitia : the Curiata^ instituted by 
Romulus ; the Centuriata, instituted by Servhis Tullius, tfie sixth 
king of Rome ; and the Tributaj said to have been first introduced 
by the tribunes of the people at the trial of Coridanuq/ A. It 263. 

(The Comitia Curiaia and Centuriata could not be held without 
taking the auspices, {nisi auspicatd,) nor without the authority of Iba 
senate, but the Tributa mighjj Dionys. ix. 41. & 49. 

The days on which the Comiiia could be held were called DIES 
COMITIALES, (i. e. quibus cum poptUo agtrB lietbatf) liv* iiL 3 
Cic. Q. Fr. i. 2. Macipb. Sat. u 16. 

As in the senate, sof in the Cotmtia^ nothing could be done bef<»« 
the risira nor after the setting of the sunjDio. xrax.Jin. 
I The Comitia for creating magistrates were usually heM in (he 
Campus Martius ; but for making laws, and for holding trialsy some- 
times also in the forum, and sometimes in the capitol. 




THE COBirnA CUMATA. 7» 

the COMnU CURIATA, 

In the ComUia Curiata the people gave their votes, divided into 
thirty curing (via dicta quod iis r$rum publicarum cura cotnmissa sit^ 
FesL vdpotius a xy^ia sq, hoiKufiia^ converUus populi apud Gracoa ad 
jukendum vel vetanaum quod e r^vblica censerct esse^) /And what a 
nuajority of theiQ, namely sixteen, determined, was said to be the or- 
der of the people JIAt first there were no other Qmitia but the Curi^ 
«to, and therefore, ev^iy thing of importance was determined in them. 

I The Comitia Curiata were htldy first by the kings, and afterwards 
by the consols and the other greater magistrates, that is, they presid- 
ed at iheoit and nothing could be brought before the people but by 
them^prhejr met in a part of the forum, called the COMITIUll, 
where apulpit or tribunal J^t^jr^^um) rtood, whence the orators used 
to jbarangue the people^ lit was afterwards ^led ROSTRA, be* 
cause It was adorned witn the beaks df the ships taken from the An- 
tiate&^v. Yiii. 14 and also Templum^ because consecrated by the 
AOgors, Jbid. & 35. which was its usual name before the Antiates were 
subdu^, Ltr.it* 56. jTThe Cointitim» was first coyerpd the year that 
Hannibal came into RalyjLto. xkviL 38. Afterwards it was adorn- 
ed with pillaest statues, and paintings. 

I Those citizens only had % right to vote at the Comitia Cuna/a, who 
lived in the city, and were included in some curiaj or parish.) 'The 
curia which voted first, was called FRINCIPIUMj^Ur. ix. 38.^ 

After the institution of the ComHtia CerUuriata, and TriAuta] the 
Comitia Curiata were more rarely assembled, and that only lor pass- 
ing certain law:s, and for the creation of the Curio Ma^imus^ JAv^ 
xxvii. 8. and of the ftamines^ A* Geil. xv- 27. .Each curia seems to 
have chosen its own curio : called also magisUr curiae Plant. Aul. ijL 
2.2. 

fK law made by the people divided into curia was called LEX 
CURIATA^ Of these, the chief we read of, were, 

(l« The law i>y wlueh miiitaiy ooimnand (jupkrium) was confer- 
red on magistratesAC«>. ix. 38. Without this they were not allowed 
to meddle with muitary afiairs, {jtm miiitarem oiHngere,) to com- 
mand an army, or cony on war, Cic, Phil. v. 16. Ep.Fam. i. 9. but 
^y kndj^ civil power, (POTESTAS,) or the right of administering 
justieej Hence the Comitia Curiaf a were said rem mitiiarem coti" 
lt»er«,Tiiv. v. 52. and the people, to give sentence twice (bis senten* 
tiamferr€f v. binis comitUs judicare^ (conceminff their magistrates, 
Cic. dt Itgt Agr. it. 11. But in after times, this law seems to have 
been passed only for form's sake, by the suffrage of the thirty lictors 
or seif;eants who form^ly used to summon the curiw^ and attend on 
them at the Comitia^ Cic ibid. {Popidi suffragiis^ ad spedefn, atqm 
ad usurpationem vetusiatie^ per triginta Ikiores auspieiorum caus& 
adumbratis^ cap. 12.) . 

( 2. The law about recalling Camillas firom banishmentyfCti'. v. 46. 

rs. That form of adoption called adrogation (see p. 6L was made 



76 ROMAN ANTIQUITIES. 

at the Camiiia Curiata, because no one could change his state, or sa* 
eroj without the order of the people Jpic, pro Sext. pro Dom. 15. &c. 
Su€t. Jlug, 65, Dio. xxxvn, 51. . 

(4. Testaments were anciently made at these Comiiiay And be- 
cause in time of peace they were summoned, {calata^ i. e. convocata^ 
by a lictor, twice a year for this purpose ; hence they were also call- 
ed COMITIA CALATA, which name is likewise sometimes applied 
to the Comitia Centuriata, because they Were assembled by a Cor- 
ntcefiy who was also called Classicus^ {quod classes comiliis ad comu 
tahm vocabatf A. Gell. xv. 27. Yarro de Lat. Ling. iv. 16.) 

6.(What was called DETESTATIO SACRORUM, was also 
made here ; as when it was denounced to an heir or legatee that he 
must adopt the sacred rites which followed the inheritance^Ctc. dt 
Ltgfr, ii. 9. Whence an inheritance without this requisite is called 
by Plautus hcsreditas sine sacris, Captiv. iv. I. {cttm aliquid obvenerA 
sine aliqua incommoda appendice, Festus.) 

/ The COMITIA CENTURIATA and the CENSUS. 

^Tbe t>rincipal Comt/t'a were the Cen<tin(i/a,*called also majora, Cic. 
post red. in Senat. 3. in which the people, divided into the centuries 
of their classes, gave their votes ; and what a majority of centuries 
decreed, {guodplures ren^unVs yf/59menl,) waa considered as finally 
deteniiine(LX;7ro raio habebatur.) These Comitia were held accord- 
' i; to the Census^ instituted by Servius TuIIius. 

The CENSUS was a numbering of the people with a valuation of 

eir tQTtxaiesJ{(BstimatiOf eurortp*ifi<fi{,) 

To ascertam the number of the people, and the fortunes of each 
individual, Servius ordained that all the Roman citizens, both in 
town and country, should upon oath take an estimate of their for- 
tunes, {bona suajurati censerent, i. e. astimarent^) and publicly de- 
clare that estimate to him, {apud se projiterenlur ;) that they should 
also tell the place of their abode, the names of thek* wives and chil- 
dren, their own age, and that of their children, and the number of 
their slaves and freedmen ; That if any did otherwise, their soods 
should be confiscated, and themselves scourged and sold for slaves, 
as persons who had deemed themselves unworthy of liberty^ {qui 
sibi libertatem abjudic&ssent, Cic. pro Caecin. 34.) fie likewise ap- 
pointed a festival, called PAGANAIJA, to be held every year in 
each pagus^ or village, to their tutelary gods, at which time the 
peasants should every one pay in the hands of him who presided at 
the sacrifices, a piece of money ; the men a piece of one kind, the 
women of another, and the children of a third sort^^onys. iv. 15. 

(Then, according to the valuation of their estates, he divided aH 
the citizens into six Cf ASSES, and each class into a certain num- 
ber of CENTURIE^ 

The division by centuries^ or hundreds, prevailed every where 
at Rome; or rather, they counted bytetis, from the number of 
fingers on both hands, Ovid. Fast. iii. 123. &c. The infantry and 



THE COMITIA CK^TURIATA, &c. T7 

4 

earalry, the cunm and tribes, were divided in this manner ; and so 
even the land: hence crmtbnariC^s ao£R, (hid. Ibid. & Ftstus. 
At firat a century contained a hundred; but not so afterwards. 
Thu£[the number of tnen in the centuries of the dtferent classes 
was without doubt very difleren^ 

^he first class consisted of those, whose estates in lands and effects 
were worth at least 100,000 ctsses^ or pounds of brassy or 100,000 
dracknuBy according to the Greek way of computing ; which sum is 
commonly reckoned equal to 322/. los. 4d. sterling ; but if we sup- 
pose each pound of brass to contain 24 (lasts^ as was the case after* 
v^rds, it will arnount to 7750/. 

fThis first class was subdivided into eighty centuries or companies 
ot foot, forty of young men-, {juniorum^) that is, from seventeen to 
forty-six years of age, Cic, de Sen. 17.. ^. GelL x. 28. who were 
obliged to take the fieU, {ut /oris bella gerereni,) and forty of old 
men, (jseniorum^) who should guard the city, {ad urbis custodiam ui 
prmsto essent.) To these were added eighteen centuries of Eqmtts^ 
who fought oh horseback ; in all ninety*eight centuries, y 

(The second cla^g consisted of twenty centuries, ten ofyoung men, 
and ten of old, whose elates were worth at least 75,000 asses. To 
these were added two centuries of artificers, (/aftrfim,) carpenters, 
smiths, &c. to manage the engines of war. | Tnese Livy joins to the 
first class. ^ 

(It 16 hanJly to be imagined that those artificers were composed of 
the members of either the first or the second class, but of their ser- 
vants or dependents ; for not only the mechanic arts, but likewise 
every kind of trade, was esteemed dishonourable among the ancient 
Romans. 

/The third class was al^ divided into twenty centuries ; their es- 
tate was 50,000 assei^ 

{The fourth class likewise contained twenty cen\%mes ; their estate 
was 25J)00 asses. To these Dionysius adds two centuries of trum- 
peters'^i. 59. 

(The fifth class was divided into thirty cenXuries ; their estate was 
11,000^ asses, but according to Dionysius, 12,500. Among these, 
according to Livy, were included the trumpeters and cometters, or 
blowers on the horn, distribnted into three centuries, whom Diony- 
sius joins as two distinct centuries to the fourth class. / 

/ The sfarth class comprehended all tliose who eitherliad no estatesr, 
OT were not worth so much as those of the fifth class. The number 
of them Was so great as to exceed that of any of the other classes ; 
y^t they were reckoned but as one ceniuru^ 

I Thus the number of centuries in all the classes was, according to 
Livy, 191 ; and according to Dionysius, 193. ) 

Some make the number of Livy to amount to 194, by supposing 
that the trumpeters, &c. were not included in the thirty centuries of 
the fiAh class, but formed three distinct centuries by themsetves. 

Each class had arms peculiar to itself, and a certain place in the 
army according to the valuation of their f<Hlunes. 




KOMAN ANTIQUITIEa 

By this arrangement the chief power was vested in the richest 
citizenfi(/who composed the first class, which, although least in num- 
J ber, consisted of more centuries than all. the rest put together /but 
they likewise bore the charges of peace and war {muniapacis et belli) 
in proportion/Z^r, i. 42. For, as^he votes at the Comiiia^ so like- 
wise the quota of soldiers and taxes, depended po the number of 
centuries. Accordingly, the first class, which consisted of ninety- 
eight, or^' according to Livy, of one hundred centuries, furnished 
more men and money to the public service than all the rest of the 
state besides But they had likewise the chief influence in the as- 
sembliea. of the people by centuries. For the Eqvitcs and the cen- 
turies of this class were called first to give their yptes, and if they 
were unanimous, the matter was determined ; but, if not, then the 
centuries of the next class were called, and so on, till a majority of 
centuries had voted the samCithing. And it hardly ever happened 
that they came to the lowest JLiv. i. 43. Dionysi, vii. 59* 

In after times some alterauon was made, as is commonly suppos- 
ed, in favour of the Plebeians, by including the centuries in the 
trU>es ; whence mention is often made of tribis in the Comiiia Cen^ 
turiata^ Li v. v. 18. Oic. in RulL ii* % pro Plane. 20. In conse- 
quence of which, it is probable, that the number of centuries as well 
as of tribes was increased, Ctc. PhiL ii. 82. But when or how this 
was done is not sufficiently ascertained, only it appears to have ta- 
ken place before the year of the city 358, Liv. v. 18. 
^Those of the fi^st class were called CLASSICI ; all the rest were 
said to be INFRA CLASSEM^v4. Gell. vii. 13. Hence classici 
auctores^ for the most approved authors, Id. xix. 8r 
/Those of the lowest class who had no fortune at all, were called 
CAPITE CENSI, rated by the headjfand those who bad below a 
certain valuation, PROLETARIlJGc//. xvi. 10, whence sermo pro- 
hlarim for viUs^ low. Plant MlcL Glor. iii. L 157. This properly 
was not reckoned a class ; whence sometimes only five classes are 
mentioned, Liv. iii. 30. So Quinta classis videntuff of the lowest, 
Ck, Acad. iv. 23. 

(This review of the people was made (census habitus, v. actus esi) 
at the end of every five yearsY first by the kings, then by the con- 
suls ; but after the year 310 Ry'the censors, who were magistrates 
created for that very purpos^ We do not find however that the 
census was always held at certain intervals of time. Sometimes it 
was omitted altogether, Ctc. pro Arch. 5. 

vAfter the census was finished, an expiatory or purifying sacrifice 
(st^crificium lustraU) was made, consisting of a sow, a sheep, and a 
Dull, which were carried round the whole assembly, and then slain : 
and thus the people were said to be purified (lustrari^ Hence also 
Imtrare signifies to go round, to survey, Viing. Eccl. ac 55. ^n« 
viii. 231. X. 224. and circumferre^ to purify, rlaut. Amph. ii. 2. 144. 
Vug. JEu. vi. 229. iThis sacrifice was called SUOVETAURILIA, 
or SOLITAURIUA, and be who performed it, was said COND& 



THE COMITIA. CENTURIATA, &c. 7» 



^Jh 



f 



RE LUSTRUM^ It was called luBtrum a luendo^ i. e.sohendo, 
becatide at that time all the taxes yvrere paid by the farmers^ffeneral 
to the censors, P^arr. L. L. v. 3. f And because this was don^at the 
end of every fifth year, hence LUSTRUM is often put for the 
space of five years j^specially by the poets, Horat. OdL ii. 4. 24. 
iv. 1. 6. by whom it is sometimes confounded with the Greek Olym- 
piad, which was otoly four years, Ovid. Pont.Av, 6. 5. Martial, iv, 
45. It is also used for any period of time; Plin. ii. 48. 

The census anciently was held in the /onim, but after the year of 
the city 330, in the villa publica^ which was a place in the Campus 
Martins, Liv. iv. 33. fitted up for public uses ; for the receptkm of 
foreign ambassadors, &c. Liv. xxxiii. 9. Varro de Re Rustica, iii. 3. 
Lucan. ii. 196. • The purifying sacrifice was always made {tmtrum 
condiium est) in the Campus Martius, Liv. i. 44. Dionys. iv. 22. 
The census was sometimes held without the lustrum being perform- 
ed^ Liv. iii. 33. 

I. The Causes of assembling the Comitia Centuruta. 

Thb comitia CENTURIATA were held for creating magis- 
trates, for passing laws, and for trials^ 

I In the^e comitia were created ih& consuls, prsstors, censorsi 
and sometimes a proconsid,' Ltv« xxvL 18; also the decemvtri^ mili- 
tary tribunes, and one priest, namely, the rex 8acrorun\^ fAhnosi all 
laws were passed in them, which were proposed by the greater ma- 
gistrates^ ^nd. one kind of trial was held there, namely, for h^ 
treason, or anv crime against the state, which was called JUDICI- 
UM PERDUJELLIONIS ; as, when any one aimed at sovereignty, 
which was called crimen regni, Liv. vi. 30. or had treated, a citizen 
ts an enemy ,|Cur. in Verr. i. 5. 
War was alsodedlared at these comitia^ Liv. xxxi« 6. & 7. xlii. 30. 

2. The Magistrates who presided at the Comitia Centuriata : the 
Place where they were held; the manner of summoning them^ and 

fjjjfi Persons who had a right to vote at them. 
/ Thr Comitia Centuriata could be held only by the superior ma- 
istratest i* ^ the con^s, the prsetor, the dictator, and interrex : 
lut the last could only hold the comitia for creating magistrates, 
and not for passing law^ 

The censors assenibled the people by centuries ; but this assem- 
bly was not properly called cwnitia, as it was not to vote about any 
thing. The praBtors could not hold the comitia, if the consuls were 
present, without their permission ; Liv. xxvii. 5. but they might in 
their absence, Id. xliiu 16. xlv. 31. especially theprcE^or urbanus ^ 
and, as in the instance last quotecl, without the authority of the Se- 
nate. 

The consuls held the comitia for creating the consuls, and also 
for creating the praetors ; (for the prstors could not hold the comi- 
tia for cheating their successors, Cic. ad Att, ix. 9.) and for creat- 
ing the censors, Liv. vii. 33. Cic. Att. iv. 3. 



80 ROMAN ANTIQUITIES. 

The consuls determined which of them should hold these comiiia^ 
either by lot or agreement (sortt vel conatnBu ; sorUeLantur vel coot" 
parabc^), Li v. passim. 

The comilia for creating the first consuls were held by the pra^ 
feet of the city, Spurius Lucretius, Liv. u 60« who was abo inUrrext 
Dionys. iv. 84. 

When a rex sacrorum was to be created, the comitia are thought 
to have been held by the pontifex maximus. But this is not quite 
certain. 

The person presiding in the comitia had so great influence, that he 
is sometimes said to have himself creMted the magistrates, who were 
elected, Liv. i. 60. ii. 2. iii, 54. ix. 7. 

When, from contention betwixt the Patricians and Plebeians, or 
betwixt the magistrates, or from any other cause, the comitia for 
electing magistrates could not be held in due time, and not before 
the end of the year, the patricians met and named (sine svffragia 
populi auspicatd prodebant) an interrex^ out of their own number, 
Cic. pro donio, 14. & Ascon. in Gic. who governed only for five 
days : Liv, ix. 34. and in' the same manner different persons were 
always created every five days, till consuls were elected, who enter- 
ed immediately on their office. The comilid were hardly ever held 
by the first inttrrcx : sometimes by the second ; Ltv. ix. 7. x. XL 
sometimes by the third ; Id. v. 31. and sometimes not till the ele- 
venth, Id. vii. 21. In the absence of the consuls, a dictator was 
sometimes created to hold the comitia, Id. vii. 22. viii. 23. ix. 7. 
xjy. 2. 

prhe Comitia Centuriata were always held without the city, usu- 
ally in the Campus Martiusj because anciently the people went 
armed in martial order {sub signis) to hold these assemblies ; and 
it was unlawful for an army to be marshalled in the city, Lrr. xxxix. 
15. Gdl. XV. 27. But in latter times a body of soldiers only kept 
guard on the Janiculum ; where an Imperial standard waa erected, 
(vexillumvositum cr«i,) the taking down of which denoted the con- 
clusion of^the comitia^ Dio. xxxvii. 27. & 28. 

fThe Comitia Centuriata were usually assembled by an edict It 
behoved them to be summoned (edict v. indici) at least seventeen 
days before they were held, that the people might have time to 
weigh with themselves, what they should determine at the comUiii^ 
fThis space of time was called TRINUNDINUM, or TRINUM 
NUNDINUM, i. e. trea nundina, three market days, because the 
people from the country came to Rome every ninth day to buy and 
sell their commodities.; Liv. iii. 35. {Mindinct a Romania mono 
Q^^^^ die celebrata ; intermediis septem diebus occupabantur ruri, 
Dionys. ii. 28. vji* 58. reliquis septem rura cold}ani^ Varro de Re 
Rust, praef. U.) t ^"^ ^^ comitia were not held on the market-days, 
(nundinisy) because they were ranked among the feruB or holy 
days, on which no business could be done with the peoplej. Jthcrob. 
i. 16. {ne plebs rustica avocaretur, lest they should be callea off from 



CANDIDATES. 81 

their ordinary business of buying and selliog,) PUn. jcm* 3. This 
however was not always observed. Cic. AiU '\» 14. 

But the comitia for creating magidtrates were sometimes sum* 
Bioned against the first lawful day, (tft primtun comitialem diemy) liv. 
xxiv. 7. 

TAH those might be present at the Comitia Centuriaiaj who bad the 
full right of Roman citizens, whether they Uved at Rome, or io the 
countiyj/ 

a CANDIDATES. 

Those, who sought preferment, were called CANDIDATI, from 
a white robe (a toga Candida) worn by them, which was rendered 
shining {candcns vel Candida) by the art of the fuller : for all the 
wealthy Romans wore a gown naturally white, (toga albaAV This, 
however, was anciently forbidden by law, (ne cut alburn^ u l^cretam, 
in vestimentum addtre^ peiittonis caus& licerett) Liv. iv, 25. 

The candklates did not wear tunics or waistcoats, either that they 
might appear more humble, or might more easily show the scars they 
had received on the breast or fore part of their body^ (advtr^i^' cw^ 
port,) Pbitarch. in Coriolano. 

In the latter ages of the republic, no one could stand candidate^ 
who was not present, and did not decku^e himself within the I^sal 
days, that is, before the comitia were summoned, SalL CaL 18. Vie. 
Fam, xvi. 12. and whose name was not received by the magistraties ; 
for they might refuse to admit any one they pleased ; {nomen acci^ 
p^re^ vel rationem ejus habere^) but not without assigning a just cause, 
Iav. viii. 15. xxiv. 7. & 8^ VaL Max. iii. 6. 3b FelL ii. 92. { The 
opposition of the consul^ however, might be overruled by the Se* 
nafe, Lvd. iiL 21* 

(For a Ions time before the eleotion, the candidates endeavoured 
to gain the mvour of the people by everv popular art : Cic, Attic, i. 
1. by going round the houses, (amhienao^) by shaking hands with 
those they met ; {prensando,} by addressing them in a kindly man- 
ner, and naming them ; &;c. on which account they commonly had 
along with them a monitor, or NOMENCLATOR, who whispered 
in their earaeveiy body's naxx^ HoraL Ep* i. 6. 50. &e. Hence 
Cicero calls candidates natia officiomsimaf m Pis. 23. On the mar* 
ket-days they used anciently to come into the assembly of the peo- 
}de, and take their station on a rising ground ; (in coll^ consisterc^) 
whence they might be seen by all, Macrob. Sat. 1. 1& (When they 
went down to the Campus Martius at certain times, they were at* 
tended by^heir friends and de^ndents, who were called DEDUC- 
T0R£SJC7»c de ptU cons. 9. (They had pei*aons likewise to divide 
paoney toiong the people, (DIVlSORESjCic Ait. i. 17. Suel. 
Av^. 3.) /Tor this, although forbidden by law, was often done 
openly, ana once against Ceesar, even with the approbation of Cato, 
Suet. Jul. 19. /There were also persons to bargam with the people 
for their votes, called INTERPRETES, and others in whose hands 

11 



83 ROMAN ANTIQUITIE& 

the moaey promised was deposited, called SEQUE8TRE8 J Cia 
AtL in Verr. i. 8. & 12. ; Sometimes the candidates formed combi* 
nations {coitiones) to disappoint {ut dejicereiU) the other competitors, 
Cic. Ail. ii. ,18. Iav, iii. 35. 

/Those who opposed any candidate, were said ti refragari^ and 
those who favoured him, 3uffragaij}velsi0ragaiores esse: hence 
auffragatio^ theii" interest, Liv. x. I3. (Those who got one to be 
elected/ were said, ti praiuram gratid eampestri capere^ Liv. vii. 1. 
or eurntrahere ; thus, Pervicit Appius^ ut dqtcto Fabto^ fratrem tra^ 
hereto Liv. xxxix» 32. Those, who hindered one from being elected, 
were said, a constdaiu repdlert^ Cic. in Cat. i. 10. 

4. Tht Manner of proposing a iaw, and of naming a Day for ont^s 

Trial 

y When a law was to be passed at the Comiiia Centuriataf the ma* 
gistrate who was to propose it, (laturus v. rogaturus^) having con- 
sulted with his friends and other prudent men, whether it wasTor the 
advantage of the republic, and agreeable to the customs of their an<^ 
cestors, wrote it over at home ; and then havine communicated it to 
the senate, by their authority, (ex Senat&s consmtOf) he promulgated 
it, that is, he pasted it up in public, (publici v. in publico proponebat ; 
promulgabat^ qussiy provtdgabat^ Festus,) for three market-days ; that 
so the people might have an opportuni^ of reading and connderinff 
it Cic. Vtrr. 5. 69. In the meantime he himself, {legislator vet 
inventor legis^ Liv. ii. 56.) and some eloquent friend, who was called 
AUCTOR /cgw, or 8UASOR, every market-day read it over, (r«- 
citabat^ and recommended it to the people, [euadehatf) while others 
who disapproved it, spoke against \y^diss%uidtbani,) But in ancient 
times all these formalities were not observed : thus we find a law 
passed the day after it vtras proposed, Lvo, iv. 24. 

Sometimes the person who proposed the law, if he did it by the 
authority of the senate^ aod not according to his own opinion, sp<^e 
against it, Cic. Alt. i. 14^ 

In the same mannerij^hen one was to be tried for treason, {cum 
dies perduellionis dicta estf cum actio perduellionis intendebatur^ Cic* 
vel cum aliquif capitis v. -te anquireretur^ Liv.) it behoved the accu- 
sation to be publisfied for the same space of time, {pronvalgatuT roga* 
Ho de mea pemicie, Cic pro. Sext. 20.) and the day fixed when the 
trial was to be, {proditA die^ qua judicium futurvm eit, Cic) In the 
meantime the person accused (REUS,) changed his dress, laid aside 
every kind of ornament, let his hair and beud grow, {promittebat^) 
and in this mean garb {sordidaius,) went round and solicited the fa- 
vour of the people, {homines prensabat.) His nearest relations and 
friends did the same, Ldv. passim. This kind of trial was generally 
capital, Lt9. vi. 20. but not always so. Id. xliii. 16. Cic.prolOom. 32. 
See Lex Porci^ 

^ Si The Manner of taking the Auspices. 

On the d^y of the comiiia f he who was to preside at them, {qui iispr^ 



THE'KANNER OF TAKING THE AUSPICES. 83 

fiaurus erai^) ftttended by one of'die augiirg, {augure ad%t6tto,) pitch* 
ed a lent, (MemaciUum ceoUf} without the city, to observe the 
aneBaf {ad aumcta ctmktnaa, vel ad auspicandum,) These Cicero 
calls^UGUSTA CENTURIARUM AUSPICU, pro ML 16. 
Hence the Campus Maitius is said to be conmlaribus aiupiciis coiu 
9tcratus^ Cic* in Cat iv« 1. and the camiia themselves vrere called 
AUSPICATA, Uv. xxvi. 2. 

(.If the TABERNACULUM, vi^hich perhaps was the same veitb 
Umplvm or arx^ the place which they chose to make their observa- 
tions, {ad maugurandvtm^ Liv. L 6. s. 7. & 18.) had not been taken 
in due form, Qfommi recti captwn 6«te/,) whatever was done at the 
jcomitia was reckoned of no efieqt/'(/>ro irrito habebatur^) Liv. iv. 7. 
I Hence the usinJ declaraticm of the augurs, {augurum soUnnis pro* 
nwtciaio ;) YiTt'o^'TABBairACDLnM captuv ; vitio magistrates 
cacATos vel vifiosos ; vitio lbobm latam ; vitio dikm dictam, 
Cic. A Liv. passim. And so scrupulous were the ancient Romans 
about this matter, thatnf the augurs, at any time afterwards, u]>on 
recollection, decbued that there had been any informality in taking 
the aaspiceB, {vitimn obvenisss^ Cic in auspicio vitium fuissey Liv.) 
the nu^strates were obliged to resign their office, {utpote vitiosi v. 
viHo creoit, aa having been irregularly chosen,) even several montha 
afier they had entered upon iyLiv, ibid. Cic. dt J^aU Deor. ii. 4* 

f When there was nothing vnnong in the auspices, the magistrates 
were said to be saltis a0spicus crtaliJCic. Phil. iL 33^ 

When the consul asked the augur to attend him, {in auspicium 
adhibebaif) he said, Q. Fabi, tb mihi in auhpicio essb volo. The 
augur replied, Aonivi^ Cic. de Divin* ii. 34. 

jThere were two kinds of auspices which pertained to the Comi* 
ha Ceniuriaia, The one was, observing the appearances of the 
heavens, {servare de calo^ vel cesium^) as, lightning, thunder, Ac ' 
which was chiefly attended to. The other was the inspection of 
birdsj fflpBe birds which gave omens by flight, were called PRiE« 
PETEs\my singing, OSCINESj/ hence the phrase, si avis occinu- 
eriif liV; VL 41. x« 40. (When the. omens were favourable, the 
birds were said, addicbbb vel admittbrb ; when unfavourable, 

APDICBRE, MON ADDICBRB, VCl aBPRAOARU^ 

r Omens were also taken from the feeomg of duckens. The per- 
son who kept them was called PULLARlU§//if they came too 
slowly out of the cace, {sx caved^) or would not feed, it was a bad 
omen ; Ltv. vi. 41. but if they fed greedily, so that something fell 
from their mouth, and struck the ground, {terram paviret, i. e. /ert- 
ret;) it viw hence called TRIPUDIUM SOLISTIMUJtf/(^ua^' 
ierripavium vel <en-^pudtum, Cic div. ii. 34. Festus in PULS. ;) 
Iav. X. 40. Plin. x. 21. s. !24. and vras reckoned an excellent omen, 
{(Oispicium egregium vel opiimitm,) ibid. 

(when the augur dedared that the auspices were unexceptionable^ 
(osirn vitio carere^) that is> that there was nothing to himier the 
^sffiMa from being Midf he said, Silbwtwii bssc vidbtub ijCic ds 



Is 



84 SOMAN ANTIQUITIES. - 

Div. ii. S4/but if not, be said, ALIO DIE, Ick. it L^g. ii. 12. 
on which account the comHia could not* belield that day« Thu8« 
Papirio legem ferenti trisle omen diem diffidiiy i, e. Rem in diempos* 
Urum rejicere coegit^ Liv. ix. 38.,.,;l.^ 

/This declaration of the augur was called NUNTIATIO, or oA- 
nuniiaiio. Hence Cicero' says of the augurs, Nos nuntutionem 

SOLUM HABEMUS; ET CoNSULBS ET RKLKIUI VAGISTRATOS ETIAU 

fPECTioNBM, V. inspectionem ; Cic. Phil. ii. 32. but the contrary 
seems to be asserted by Festus ; (in voce SPECTIO,) and comment 
tators are not agreed how they should be reconciled. It is suppos* 
ed there should be a diflerent reading in both passages^ Vid. Mram. 
, in Cic. & Scaliger, in Fest. ' 

J Any other magistrate, of equal or greater authority than he who 
presided, might likewise take the auspicesjt especially if he wished 
to hinder an election, or prevent a law from being passed. /If such 
magistrate therefore declared, Se de coelo servasse, that he had 
heard thunder or seen lightning, he was said 0BNUNTIARE| (oti- 
^ auguriy consul constdi ohnuntiavisti^ al. nunithnti, Cic. Pnil. iL 

\) which he did by saying, ALIO DIE ; whereupon, by the Ltx 
JElia et Fusia^ the comitia were broken off; (dirimebanturf) and de* 
ferred to another day* Hence obnuntiare concilio aut comitiis, to 
prevent, to adjourn ^and this happened, even if he said that {le had 
seen what he did not see, {si auspkia ementilus esset,) because be 
was thought to have bound the people by a religious dbligation, 
which must be expiated by their calamity or his own,}Cff. Phil. ii. 
S3. Hence, in the edict, whereby the comitia wef^ summoned, 
this ybrmti/a was commonly used, Ne quis minor MAOfSTRATos db 
coBLo SBRVASSB VBLiT : which prohibition Clodius, in his law 
against Cicero, extended to all the magistrates, Dio. xxxviii. 13. 

^he eomllia were also stopped, if any person, while they were 
holding, was seized with the falling sickness or epilepsy j which was 
hence called MORBUS COM ITIALISj/br if a tribune of the com- 
mons interceded by the solemn word, "VjETO j^ Liv. vi. 3^ or any 
magistrate of equal authority with him, who presided, interposed ; 
by wasting the day in speaking, or by appointing holy days ; &c. 
Cic. ad Fratr. ii. 6. and also if the standard wi^ pulled down from 
the Janiculum ;yas in the trial of Rabirius, by MeteUus the prsetor, 
Dio. lib. xxxvii. 27. 

The comitia were also broken off by a tempest arising ; but so, 
that the election of those magistrates, who were already created, 
was not rendered invalid, {ut jam ereati non vitiosi rtdderentur^) 
Liv. xl. 59. Cic. de Divin. ii. 18. unless when the comitia were for 
creating censors. 

6. 7%« Manner of Holding the Comitia Cevturiata. 

/ Wrbb there was no obstruction to the comitia^ ontfaedayap* 
pointed^ the people met in the Campus Martius. The magistrate^ 
who was to preside^ sitting in his cunile chair on a tribunal {pr& iri^ 



' THE eOMITIA GENTUMATA, &c. 8ft 

hmaih) lir. xxzix. 33. used to utter a set form of prayer, before he 
addreased the people, Liv. xxxix* 15. the aiigur repeating over the 
words before hiin, {augure verba frmmte^ Cic.) Then be made a 
speech to the people aoout what was to be done at the comiiiOy/ 

If magistrates were to be chosen, the nynes of the candidates 
were read over. But anciently the people miffht choose whom they 
pleased, whether present or absent, altmagh they had not declared 
themselves candidates, Iav. passim. 

If a law was to be passed, it was recited by a herald, while a se- 
eretary dictated it to him, (stc6;icten/e, scrU>A^) and different persons 
were allowed to speak for and against it, Liv. xL 3K A similar form 
was observed at trials, because application was made to the neople 
about the punishment of any one, in the same manner as aoout a 
luf • Hence irrogare ptenam^ vel muktam, toiniUct or impose. 

(The usual beginning of all appfications to the people^ (omnium ro- 
gationum,) was VfiLnTIS, JUBEATIS, QUIRITES/ and thus the 
people were said to b^ consulted, or asked, {consuli vel rogari ;) and 
the consuls to^oiuWl or ask them ; Ctc. ^ lav. passim. Hence, jttbtre 
legsm vel roigalfonem, also Dcckrnerk, to pass it ; Sail. Jug. 40. V0- 
iare^ to reject it ; rogare magistratm^ to create or elect, Sail. Jug. 
29. Rogare qumsitores, to appoint judges or inquisitors, ib. 40. Sojvs* 
ia tt veiita populi in jubendis v. scisoendis legibusi Cic. de Legg. ii. 
4. Qmbus nc Silano et MursBnae, comulatus^ mt rogante^ i. e. praesi** 
dente, dahu esif Id. pro Mur. 1. Then the magistrate said, 8i voais 
viDETOR, nsc&oiTS, QuwiTBS ; or, Itr in surrRAOidM, Bays Ju- 

VARTIBUS DllS, KT, QDA PATR^S CEN8UBRUNT, VOS JOBETB, Liv. 

xxxi. 7. Whereupon the people, who, as usual, stood promiscuous- 
ly, separated, eveiy one to his own tribe and century, Jisaon. m Ctc. 
pro Com. Balbo. Hence, the mogistrate was said miiUreyopulum in 
suffragium ; and the people, inire vel irs siffragiw/n^ Cic. tsL Liv. 
passim. 

^nciently the centuries were called to give their votes according 
t6 the institutbn of Servios Tullius ; first, the Equiies, and than the 
centuries of the first class, &c. but afterwards, it was determined by 
lot, (SORTITlOJiekat,) in what order they should vote. * When this 
was first done is uncertain. The names of the centuries were thrown 
into a bojc, (in siullam ; Sftella defertur, Cic. K D. I 38. Sitelta 
allata ui, ta sortirentur, Liv. xxv. 3.) and then the box being shak- 
en, so that the lots might lie equally,, {tortikus csqmtis^) Ahe centu« 
ry which came out ^first gave its vote first, and hence was called 
PRiEROGATIVA^p. v. 18. those centuries, which followed 
next, were called PRIMO VOCATiE, Im. x. 15. 4^ 33. The rest 
JURE VOCATiE, Lh. xxvii« 6. But all the centuries are usually 
called jwrs vocaUz^ except the prmrogativa. Its vote was held of 
the greatest importaneey (ut nemo unquam prior earn hdtrii^ ^n 
remmciaius sit, Cic. pro Plane 3a Divia. iu 40. Mur. 18.) liv. 
xxvi» 33. f Hence pa arogativa is put for a sign or pledge, a ia- 
▼eundble omen or intimi^n of any thing fixture ^ SuppUcaiio est 



86 KOMAN ANTIQUITIES. 

prcerogaHva triumphif Cic. Fam- xv. 5. so i* Act. Venr. 9. Plin. viL 
i& xxxvii. 9. s. 46. for a precedent or example, Liv. iii. 51. a 
choice ; Id. xxi. 3. or favour, Id. xxviii. 9. and among later writers 
for a peculiar or exclusive privilege. 

When tribes are mentioned in the Comitia Centuriaiaf Liv. x. 13. 
it is supposed, that after the centuries were included in the tribes, 
the tribes first cast lots ; and that tribe, which first came out, 
was caUed PRiEROGATIVA TRIBUS; and then, that the cen- 
turies of that tribe cast lots which should be the prarogaltva cerUu^ 
ria. Others think, that, in this case, the names of tribes and cen- 
turies are put promiscuously, the one for the other. But Cicero 
calls centuriaj pars tribus ; and that, which is remarkable, in the Ca« 

?itia Tributa^ pro Plane. 20. > 

Anciently the citizens gave their votes viva voce j/ and in creating 
magistrates, they seem each to have used this form ; Consulbs, 
dec. MOMiNO vel Dice, Liv, xxiv. 8. & 9. in passing laws ; Uti ro- 
OAs, voLo vel JUBEO, Cic. dt Legg, ii. 10. The will or command 
of the people was expressed by vclle, and that of the senate by cbn- 
jiSRfi, Sail. Jug. 21. hence Uges magiitraiuaque RoaABC, to make, 

fv. 1. 17. 
Sometimes a person nominated to be consul, &c. by the prserogaf 
live century, declined accepting, Liv. v. 18. xxvi. 22. or the ma* 
gistrate presiding disapproved of their choice, and made a speecli to 
make them alter it. Whereupon the century wasr recalled oy a he- 
rald to give its vote anew ; (in suffragium revocaia ; thus, Redits 
IN 8UFrRAoinM,'^Iii9. ibid.) and the rest usually voted the same with 
it, {aucloriiaiim prarogalivai seaUiB sunt ; eosdem consules ceterm 
ecrUuriijR sine variatione ulla dixertin/,) Liv. xxiv. 8. & 9. In the 
same manner after a bill had been rejected by almost all the centu- 
ries, on a subsequent day, {aliens comitiis,) we find it unanimously 
enacted ; as about declaring war on Philip, Ab hac orationr ih 

Sl^FRAOlUM mSSl, 0T R06ARAT, BELLUM JUSSERUNT, IaV. XXXi. 8. 

/ But in later times, that the people might have more Uberty in 
voting, it was ordained, by various laws, which were called LEGES 
TABELLARIiE, that they should vote by ballot y first in confer- 
ring honours, by the Gabinian law, made A. U. 614. Cic. de Amie. 

12. Plin. Ep. iii, 20. two years after, at all trials, except for trea- 
son, by the Cassian law ; Cic. BnU. 25. and 27. in passing laws, by 
the Pavirian law, A. U. 622. and lastly, by the Ccslian law, A. IJ* 
630. also in trials for treason, which had been excepted by the Cas- 
sian law, Cic. de Legg. iii. 16. The purpose of these laws was to 
diminish the influence of the nobility, Ibid. & Cic. Plane. 6. 

(The centuries being called by a herald in their order, moved from 
the place where they stood, and went, each of them, into an enclo* 
sure, (SEPTUM vel OVILE,) which was a place surrounded with 
boards, (locus tabulatis inclusuSf) and near the tribunal of the con- 
Bup, Hence they were said to be intrd vocata^ sc. in ovUe, Liv. x. 

13. There was a narrow passage to it raised from the grouad,calU 



THE COMITIA CENTURIATA, &c. 87 

od PONS or PONTICTJLXJS, by which each century went up one 
after another.^ Suet. Jul. 80. Hence old men at sixty (8EXAGE- 
NARU) wei'e said, deponte dejict ; and were called DEPONTA- 
NI, because, after that age, they were exempted from public busi« 
ness, Varro ^ Festus ; to which Cicero alludes, Rose. Am. 35. But 
a very different cause is assigned for this phrase, both by Varro and 
Festus. 

There were probably as many Pontes and Septa^ or Ovilia, as 
there were tribes and centuries. Hence Cicero usually speaks of 
them in the plural ; thus, Pontes lex Maria fecit angustos, de Legg. 
ill. 17. Opens GlodiaiUB pontes occupctrunt, Attic, i. 14. Capio cvm 
bonis viris impetian facit^ pontes dejicit^ ad Herenn. i. 12. Cvm Cto* 
dius in septa irruisset, pro Mil. 15. So miser a maeulavit ovilia Ro* ^ 
nuty Lucan, Pharsal. ii. 197. 

Some think that each tribe and century voted in its own ovile^ 
Serv. in Virg. Eel. I 34. But this does not seem consistent with 
what we read in other authors. 

jfAt the entrance of the pons, each citizen received from certain 
officers, called DIRIBITORES, or distributor es, ballots, {tabula vel 
tabeUwf) on which, if magistrates were to be created, were inscribed 
the names of the candidates, not the whole names, but only the ini- 
tial letters, Cic. pro Dom. 43. and they seem to have received as 
many tablets as there were candidates^ We read of other tables 
being given in, that were distributed, wifich must have been brought 
from home, Suet. Jul. 80, but as no regard was paid to them, this 
seklom happened. The same thing took place, also under the Em- 
perors, when the right of electing magistrates was transferred from 
tte people to the senate, Plin. Ep. iv. 25. 

I If a law was to be passed, or an^ thing to be ordered, as in a trial, 
or in declaring war, &c they received two tablets ; on the one were 
theJetterr U. R. i. e. UTI ROGAS, sc. volo vel jubeo, I am for the 
law ; and on the other A. for ANTIQUO, i. e. ArUiqua probo, nihil 
novi statui volo ; I like the old way, I am against the law. Hence 
antiquare iegem^ to reject jt^>' 

Of these tablets every one threw which he pleased into a chest, 
{in cistam) at the entrance of the ovile, which was pointed out to 
them by the (llOGATORES, wbo asked ftr the ballots, and an- 
ciently for the votes, when they were given vivd voce J C'\c. de Di- 
vin. i. 17. ii. 36. Nat. D. ii. 4. [ Then certain persons, called CUS- 
TODES, who observed that no fraud should be committed in cast- 
ing lots and voting^ (m sortitione et suffragiis,) \o6k out (educebant) ^ 
the ballots, and taunted the votes by points marked on a tablet,- 
which was called Dirimere suffragia, or Diremptio suffragiorum, 
Lucan. v. 393.< whence omne punctum ferre, for omnibus suffragiit 
renundarif to gain eveiy vote^ and what pleased the majority, was 
declared by a herald to be the votes of that century. The person 
who told to the consul the vote of his century, {qui centuriam suam 
r4)gavit^ et ejus stffragiiimTeiulit ; vel Consules a ceniuri& su& creatos 



88 ROMAN ANTIQUITIES. 

renunciavitf retulit) was called ROGATOR, Cic. ib,4rde Orai. ii. 
64 Thus all the centuries were called ode after another, till a ina« 
jority of centuries agreed in the same opinion ; and what they 
judged was held to be ratified. 

[The DiribUorts^ Rogatores^ and Cmtodesy were commonly per- 
sons of the first rank,)and friends to the candidates, or favourers of 
the law to be pas^edj who undertook these offices voluntarily ; Ck. 
in Pis. 15. post, red. in Sen. 11. Augustus is supposed to haye se- 
lected 900 of the equestrian order to be Custodcs or Rogatorts^ {ad 
custodiendas cislas stiffragiorvm^ Plin. xxxiii. 2. s. 7. 

If the points of any century were equal, its vote was not declared; 
but was reckoned as nothing, except in trials, where the century, 
which had not condemned, was supposed to have acquitted. 

The candidate, who had most votes, was immediately called by 
the magistrate who presided ; and after a soleam prayer, and taking 
an oath, was declared to be elected (renundatus est) by a herald, 
Cic. pro leg. Manil. 1. pro Muresn. I. in RulL ii. 2. FeW. li. 92. 
Then he was conducted home by his friends and dependents with 
great pomp. 

It was esteemed very honourable to be named first, Cic. pro leg. 
Manil. 1. 

Those who were elected con9uls, usually crowned the images of 
thfur ancestors with laure], Cic. Mur. 41. 

.When one gained the vote of a century, he was said ferre cmtU' 
namii-and nonferre vel perdcre, to lose it ;(Boferre repulsam^ to be 
rejected ;\hut ferre siiffragium vel tabellamj to vote^ thus, Meis co* 
mitiis non tabellam vindicem tacita liberiatis^ sed vocem vivam iulis** 
/2>, Cic. in Rull. ii. 2. 

The magistrates created at the Comitia Centuriata^ were said^ert, 
creari^ declarari^ nominari, did, renunciariy designari, rogari, ^c. 

In creating magistrates this addition used to be made, to denote 
the fulness of their right : Ut qui optima lsge rvERiNT ; optimo 
JuB£ ; EO JuRfi, QUO QUI OPTIMO, Fcstus in Optima lex. Cic. m 
Rull. i. 11. Phil. xi. 12. Liv. hi. 34. 

AVhen a law was passed, it was said PBarERRi ; the centuries 
which voted for it, were said Leoem jubers, v. rooatiomem acci- 
PERB, Liv. \u 57. iiL 15. 63. & alibi passim ; those who voted 
a^inst it, Antiquarb, vetars, v. nov accipere. Lex rooatur, 
dumfertur ; abrooatdr, dam tollitur ; derooatu^, Ugi, v. de lege^ 
cum per novam legem aliquid veteri legi detrahitur : subrooatur, 
cum aliquid adjicitur : obrooatur, citm novi lege infirmeUur, Ulpian 
and Festus. Ubi dua contraries leges sunt, semper antiques abrogat 
nova, the new law invalidates the old,. Liv. is* m. 
^Two clauses commonly used to be' added to all laws: 1. Si quid 

NON LICUBRIT ROOARI, UT EJUS BAC LEOE NIHIL ES8ET ROOATUM : 
2. .Si QUIP CONTRA ALIAS LEGES EJUS LBOIS BR06 LATUM ESSBT, UT 
EI, QUI EAM^ LEGEM ROGASSET, IMPUITE BSSET^ Cic. Att. lil. 23. whlCh 

clause {capia) Cicero calls TRANSLATITIUM, in the law of Clo- 



THE COMITIA CBNTURUTA, &c. 89 

dins ittainst himself, because it was iranaf erred from ancient laws, 
ibid. 

I This sanetion used also to be annexed, Ne qois per saturam ab- 
ROOATO ; i. e./>er legtm in am conjunetim tnultis de rebus tm& rognh 
tume poptJus considebaiur^ Festus. Heoce Exi/uirere senientias per 
^Mihtram, i. e. passinif fine certo ordine^ by the gross or lamp, oaL 
Jug. 2& In many laws this sanction was added. Qui alitbr Tel 

SBCUS FAXIT V. FBCCRIT, SACBR SSTO; i. 6. tif COptU quM, €um bofUs 
velfamilidy a/tcui deorwn cansecraretur v, itacrf$m e$$el : that it might 
be lawful to kill thef transgressor with impunity, Liv. ii, 8. iii 55. 
GV. pro Balb. 14. i 

•Whena law was passed, it was enffraYed on brass, and carried to 
the treasury. It used also to be fixed up in public, in a place where 
it might be easiy xt2Aj(u»hde de plano^ i. e. from the ground, legi 
posset) Henoa JW eapitolio legwn ttra li^uefacta^ Cic. Cat iii. 8. 
JVec verba minaeiafixo mre legebantiir^ Ovid. Met i. 3^ Fxxit leges 
pretio atque refisit, made and unmade, Virg. j£n. vi. 622. Cic* PhU. 
xjii. 3. Fanu xii. 1. 

/ After the year of the city 598, when the consuls first began to en- 
tfer on their office on the first day of January, the comUia for their 
election were held about the end of July, or* the beginning of Au- 
gust, hinless they were delayed by the intercession of the magistrates, 
or by inau8pi<»ous omens. In the time of the first Punic war, the 
consuls entered oo their ofiice on the ides of March, and were cre- 
ated in January or February, Liv. passim. /The pnetors were al- 
ways elected after the consuls, sometimes oh the same day,)£tp. x. 
22. or the day after, or at the distance of several ckys, /d^/ From 
the time of their elect^, till they entered on their office, they were 
called DESIGNATL ) 

The comitia for enai6ting laws or for trials, might be held on any 
le^lday. 

^^ COMITIA TRIBVTA. 

/ In the Comiiia Tribuia the people voted, divided into tribes, ac- 
Gordiii^ to their regions or wards, ^ex regionib%(s ei locisj) A. GelL 
XV. 27. 

The name of tribes was derived either from their original number 
three, (a numero Umario^ or from paying tribute (a tribulo^) Liv. i. 
43. or, as others think, from ^f^^t teriia pars irib^ apud Athenim^ 
M<, JEolic^ ^&^^^ unde tribus. 

/The first three tribes were called BAMNENSES, or Aamne^, 
TATIENSES or Titienses, and LUCEREg^' The first tribe was 
named from Romuhis, and included the Roman citizens who occu- 
pied the Palatine hill ; the second from Titus Tatius, and included 
the Sabines, who possessed the Capitoline hill ; and the third from 
one Lucufflo, a Tuscan, or rather from the grove (a luco) which Ro- 
aauiua turned into a sanctuary, {asylum reiidii^ Virg. ^n. viii. 343.) 
and mdinded all. foreigners, except the Sahines. Each of these 

12 



90 ROIitAN ANTIQUITIES. 

tribes at first had its own tribune or commander, (TVifrtirmv r^Jpr4B^ 
fectiiSf) Dionys. iv. and its own augur, Ldv, x. 6* 

Tarquinius Priscus doubled the number of tribes, retaminff the 
same names ; so that they were called RamnensBsprimi and Ram" 
nenses secundi^ or posUriores, &c. 

(But as the Luceres in a short time greatly exceeded th^ rest in 
number, Serrius Tullius introduced a new arrangement, and distri*^ 
buted the citizens into tribes, not according to their extraction, but 
from their local situation^ 

^He divided the city into four regions or wards, called PALATT- 
NA, SUBERRANA, COLLINA, and £SQUILINAv)the inhabit. 
ants of which constituted as many tribes, and had their names from 
the wards which they inhabited. No one was permitted to remove 
from one ward to another, that the tribes might not be coirfbunded, 
Dionys. iv. 14. On which account certain persons were appointed 
to take an account where every one dwelt, also of tbeir age, for- 
tune, &c. ^These were called etty tribesy (TRIBUS URBANiE,). 
and their number always remained the same. "^ 

( Servius at the same time divided the Roman territory into fifteen 
parts, ^ (some say sixteen, and some seventeen,) which were called 
countiy tribes, (TRIBUS RUSTICiE,) ZKony*, iv. 15. 

In the year of the city 358, the number of tribes was made twen- 
ty-one, Liv, ii. 21. Here, for the first time, Livy daectly takes no- 
tice of the number of tribes, although he alludes to the original in* 
stitution of three tribes, x. 6. Dionysiiis sa^s, that Servius insti- 
tuted 31 tribes, iv. 15. But in the trial of Conohuius, he only men- 
tions 21 as having voted, vii. 64. the number of Livy^viii. 64. 
/ The number of tribes was afterwards increased on account of the 
i(ddition of new citizens at different times, lAv. vi. 5. viL 15. viiL 
17. ix. 20. X. 9. Ejfit, xix. to thirty-five, lAv. xxiii. 13. Jsam. in Cic. 
Vtrr, i. 5. which number continued to the end of the repuUic, tiv. 
143. 

After the admission of the Italian states to the freedom 9f the 
city, eight or ten new tribes are said to have been added, but this 
was of short continuance ; for they were all soon distributed among 
the thirty-five old tribes. 

For a considerable time, according to the institution of Servfas 
TuUius, a tribe was nothing else but the inhabitants of a certain re- 
gion or quarter in the city or country ; but afterwards this was al- 
tered ; and tribes came to be reckoned parts not of the city or 
oountry, but of the state, {non urbii std civiiatisj) Then every one 
leaving the city tribes wished to be ranked among the rustic tribesi 
This was occasioned chiefly by the fondness of the ancient Romans 
for a country life, and from the power of tfie censors, who could in- 
stitute new tribes, and distribute the citicens, both eld and new, into 
whatever tribes they pleased, without r^asd to the place of their 
habitation. But on this subject writers are not agreed. In the year 
449, , Q. Fsbius separated the meaner sort of peofie fiom m the 



THE GOHinA CENTVKIATA, «k. ftl 

bvbes tbrough wlach they had boen dispersed by App. Claudius, 
«ad jaclqdea them ia the four city tribesJ Ltv, ix« 46. - Among these 
were raaked all those, whose fiNtanes mre below a certain valu- 
ation, called PROUgTARU : anfi those, who had no fortune at aH, 
CAPlTE CEN8I, GelL xvL 10. ^ Ffom this time, and perhaps be- 
fore» the four city tribes began lo be esteemed less honourable than 
the thirty-one rustic tribes ;. and some of the latter seem to haye 
been thought more honourable than others^.Otc. pro Balbo^ 25* Plin, 
xvii. S. Hence, when the censors judj^ it proper to degrade 
a citizen, they removed him firom a more honourable to a less 
honomrahle tribe, (tribu movebant ,*) and whoever convicted any one 
of bribenr, upon trial, obtained hy law as a reward, if he chose, the 
tribe ^the persmi amdemned. Via ibid. \ 

(The rustic tribes had their names from some place >^ Tribui 
AniensiSf ArmuaiM^ ClmM^ Cruttumina, FalerinGf Lemania, MaciOf 
F&rMtmOf Qumnaf Romilia^ ScaptiOf &c or from some noble 
tuaaily^ as, JUmUiaf Claudia^ Cltuntia^ Cometia^ Fabian Horaiim^ Jur- 
iiUf Mbmcia^ Afwrio, <iSerfta, TerentinMj VeUma^ 4^c. 

Sometimes the name o? one's Uibe is added to the qame of. a per- 
son, as a surname ; thus, L. Albius Sex. F. Qutn'na, Cic QuinU & 
M O/^fiutf M. F. Ttrtnivna^ Cic. Fam. viiL 8. Att. iv. 16. 

^Tltt OmiHa TriinOa bcmn fir^t to be held two years after the 
^ireation of the tribunes of the needle, A. U. 363, at the trial of Co^ 
riolaqus, Dionys. viL 59. But they were more frequently assembled 
after the year 283, when the Publilian law was parsed, that the Ple- 
beian nmgistrates should be created at the Comitia lUbuta^ Liv. ii. 

5& X 

/ The C<mUia Tribuia were held to create magistrates, to elect cei^ 
ifixk priestiL to make laws, and to hold trial^ 
( At the c7omt^i« Tribuia were cheated all the inftrior dly magi$^ 
tralu^ as the ^diles, both cumle and Plebeian, the tribunes of the 
commons, qoestonj^ &c. ; all ih'b proivincial magistrattSj as the pro- 
consuls, proproQtors, &c ; also commissioners for settling colonies^ 
dec. ; the PofUifex MaximuSf and after the year 650, the other pon- 
tifces^ augures/ecialesy &c. by the Domitian law^ SueL Ner. 2. For, 
before that, the inferior priests were all chosen by their respective 
colleges, (a collegiii mt> cooplabarUur,) But at the election of the 
pinUtfem maximm^ and the other priests, what was singular, only 
seventeen tribes were chosen by lot to vote, and a majority of them, 
niMnely nine, determined the matter, Gfc. RulL ii. 7. 

; The laws passed at these comitia were called PL£BISCITA# 
(jfwz plebs 9U0 i^ragio iinc pairibua jutsit^ plebeio magistratu ro- 
ganie^ Festus,) which at first only bound the Plebeians, but after 
the year 306, the whole Roman people, Liv. iii. 55. 

PUbiscUa w«ne made about vanous things: as about making 
peace, lAv, xxxiii. 10. about granting the freedom of the city, about 
ordering a triumph when it was reiused by the senate, Liv. iii. 63« 
about l^stowing command on gs^erals on the day of their triumph. 



^ 



93 ROMAN ANTIQTJITIB8. 

Lh. xxvi. 21. about absolving from the laws, whicb in later tiaiea 
the senate assumed as its prerogative, Ascon. m Oc ad Carnd* &c. 

There were no capital trials at the Comitia TribtUa ; these were 
held only at the Centuriaia : but about imposing a fine ; Liv. jv. 41. 
And if any one accused of a capital crime did not appear on the day 
of trial, the CamUia Tributa were sufficient to decree bantshmeat 
against him, {id n justum exitkim tsse sdvit pkbSf) liv. xxvi. 3« 
XXV. 4. 

/ All those might vote at the Comitia Triitdaj who had the full 
right of Roman citizens, whether they dwelt at Rome or not.; For 
every one was ranked in some tribe, in which he had a r^bt to vote, 
£r»v. xlv. 15. Some had two tribes ; />ne in which they were bom, 
and another, either by right of adoption, as Augustus had the Fabi- 
an and Scaptian tribes, Suet, Aug. 4(). or a» a reward for accuang 
one of bribery, {Ugis de ambiln prcsmio^y Cic. pro Balbo. 2& 
/I At the Comitia Tribuia the votes of all the citizens were of equal 
force, and therefore the patricians hardly ever attended them/ On 
which account, as some think, they are said to have been entirely 
excluded from them, Liv. ii. 56. & 60. But about this writers are 
not agreed. 

Ttid comitiat for creating tribunes and plebeian ledileS) were held 
by one of the tribunes, to whom that charge was^ ffiven, either by 
lot or by the consent of his colleagues ; Liv. iii. 64. but for creating 
curule ffidiles and other inferior ma^strates, by the consul, dictator, 
or military tribunes ; for electing priests, by the consul only, Cic. 
ad Brut, 5. 

The Comitia Tributa^ for passing laws and for trials, were held 
by the consuls, praetors, or tribunes of the commons. When the 
consul «wa8 to hold them, he by hia edict summoned the whole Ro- 
man people ; but the tribunes Aimmoned only the plebeians, GelL 
XV. 17. Hence they are sometimes called comitia pojndit and some- 
times concilium plebis : In the one the phrase was popultu jussit^ in 
the other pUbs scivit. /But this distinction is not always observed. 

{ The Comitia Tributa, for electing magistrates, were usually held 
in the Campus Martins ; Ctc. AlL i. 1. iv. 3. Ep. Fam. vii. 30. but 
for passing laws and for trials, commonly in the forum ; sometimes 
in the capitol ; Liv. xxxiii. 10. and sometimes in the drcui Flami'* 
ntu5»X«iv. XX vii. 21. anciently called prata Flaminia, or circus Ap^ 
polinaris ; Id. iii. 63. where also Q. Purius, the Pontifex Maximus, 
held the comitia for electing the tribunes of the commons, after the 
expulsion of the DecemvtW, Liv. iii. 54. 

In the forum, there were separate places for each tribe, mariied 
out with ropes, Dionvs. vii. 50. 

In the Campus Martius, Cicero proposed building, in Ceesar^s 
name, marble enclosures {septa marmorea,) for holding the Comitia 
Tributa, Cic Att iv. 16. which work was pro vented by various 
causes, and at last entirely dropped upon the broakingout of the 
civil wars ; but it was afterwards executed by Agrippa, 2>io. Ini* 33. 
Plin. xvi. 40. 



THE COMITIA CENTURIATA, &c. BS 




The Mine faomalitieB almost ^9?ere observed in saniinoiiiiig and 
holdiog the Comitia Triinaa as in the other comitittf only it vas not 
requisite for them to have the authority of the senate, or that the 
auspices should be taken.) But if there had been thunder or light- 
ning, {si tonuissei nut fulgur&fsei^) they could not be Jheld that day. 
for it was a constant rule from the b^inning of the republic, Jove 
ruLOMTTB, CUM popuLo A«i NBPAs ESSE, Ctc. m Vatin. 8. CamitiO' 
rwn soliun viHum tsiftdmtn^ Id. de Div. ii. 18. 

The OmMA TrihtUa for electing magistrates, after the year 598, 
Mrere held about the end of July, or the beginning of August ; for 
electing priests, when there was a vacancy, and for laWb and trials 
on all comitia] dajrs. 

i Julius Cesar first abridged the liberty of the comtfio. . -^e shared 
Wie right of creating magistrates witll the people ; so that, except 
the competitors for the consulship, whose choice he solely deter- 
mined himself, the people chose one half, and he nominated {tdtbat) 
the other. This ne did by billets dispersed through the several 
tribes to this efiect, CifiSAR Dictator illi triboi. CoMMi:iiDO 

VOBI8 ILLUM, BT ILLUM, UT VESTRO SUFrRAQlO 6DAM DIGNITATEM 
TRNEANT, Sutt. OtS. 41. 

Augustus restored this manner of election, after it had been drop- 
ped for some time during the civil wars which followed Caesar^s 
death, SueU Aug. 40. Dio. liii. 21. 

v^ Tiberius deprived the people altogether of the right of election, 
Juvenal, x. 77. and assuming the nomination of the consuls to him- 
self, Ovid Pont, iv. 9. 67. he pretended to refer the choice of the 
other magistrates to the senate, but in fact determined the whole 
according to his own pleasure ; /Tacit. Ann. i. 15. Dio. Cass. Iviii. 
20. Caligula attempted to restore the right of votiiu; to the people, 
but without any permanent effect, Suet. Calig. 16. The comitia, 
however, were still for form's sake retained. And the magistrates, 
whether nominated by the senate or the prince, appeared in the 
Campus Martius, attended by their friends and connexions, and 
were appointed to their office by the people^ with the usual solem- 
nities, Ptin. Paneg. 63. 

{ But the method of appointing magistrates under the Emperors, 
seems to be involved in uncertaintjy Sue/. Cm. 40. 76. 80. Aug. 40. 
56. Aer. 4a Fit. II. Fesp. 5. Dam. 10. Tacit. Ann. i. 15. Hist. 
i. 77. as indeed Tacitus himself acknowledges, particularly with re- 
spect to the consuls, Annal. i. 81. Sometimes, especially under 
good emperors,^ the same freedom of canvassing was allowed, and 
the same arts practised to ensure success, as under the republic, 
Plin. Ep. vi. 6. 9. viii. 23. Trajan restrained the infamous larsesses 
of candidates by a law against bribery, {ambitus lege ;) and by or- 
daining, that no one should be admitted to sue for an office, who 
had not a third part of his fortune ia land, which greatly raised the 
value of estates in Italy, td. vi. 19. When the right of creating 
magistrates was transferred to the senate, it at ISrst appointed them 



7 



y 



94 ROMAN ANTIQUITIES. 

by open votes ; (apertis refragiis) but the noise and disKirder which 
this sometimes occasioned, made the senate, in the time of Trajan, 
adopt the method of balloting, {ad tacila n^ragia decurrere,) Plin. 
£p. iii. 20. which also was found to be attended with inconveniences, 
which Pliny says, the Emperor alone could remedy. Id. iv« 35. 
/Augustus followed the mode of Julius Csesar at the CamiHa^ Dio. 
liii. 31. although Maecenas, whose counsel he chiefly foHowed, ad- 
vised him to take this power altogether from the people, Dio. lii. 3(X 
As often as he attended at the election of magistrates, he went round 
the tribes, With the candidates whom he recommended, (cwn ttds, 
candidatis^ and solicited the votes of the people in the usual man- 
ner. He himself gave his vote in his own tribeijis any other citi- 
zen, (ut tmus epcptUo^) Suet Aug. 56. ^^^\^ 

ROMAN MAGISTRATES. 

Different forms ofOovemment, and different Magistrates at different 
i times, 

rRoMZ was first ^ov^med by kings j| but Tarquin, the 7th king, be- 
ing expelled for his tyranny, A. U. 244, th^ regal government waa 
abolished, and two supreme magistrates were annually created in 

Slace of a king, calledf CONSULS. i( In dangerous conjunctures a 
DICTATOR was created with absolute authorityj and when there 
was a vacancy of magistrates, an INTERREX was appointed to 
elect new one8.j 

In the year of the city 301, Liv. iii. 33. or according to others, 
302, in place of con8uls,ften men (DECEMVIRI) were, chosen to 
draw up a body of laws^ ( ad Zcg€5 scnbendas.) But their power 
lasted only two years ; and the consular government was again 
restored. 

As the consuls were at first chosen only from the patricians, and 
the Plebeians wished to partake of that digpity ; after great contests 
it was at last determined, A. U. 310. thatlnstead of consuls, six su- 
preme magistrates should be annually created ; three from the pa- 
tricians, and three from the plebeians ; who were called MILITARY 
TRIBUNES,^ (TViitmi mililum consulari potestate,) Dionys. xi. 60. 
There were hot, however, always six tribunes chosen ; some- 
times only three, Liv. iv. 6. la 25. and 42. sometimes four, 
ib, 31. 35. & 44. and sometimes even eight, Id. v. 1. Nor was 
one half always chosen from the patricians, and another half 
from the plebeians. They were, on the contrary, usually all pa- 
tricians ; /rf. iv. 25. 44. 50. dz;c. seldom the contrary, Lti. v. 12. 
13. 18. vi. 30. For upwards of seventy years, sometimes consuls 
were created, and sometimes military tribunes, as the influence of 
the patricians or plebeians was superior, or the public exigencies re- 
quired ; till at last the plebeians prevailed,^ A. U. 387. that one of 
the consuls should be chosen from^ their order, and afterwards that 
both consuls might be plebeians^ which however was rarely the 
case, but the contrary. From this time the supreme power remain- 



ROMAN MAGISTRATES. 95 

ed in the hands of the consuls till tfie usurpation of Sylla, A. U. 673, 
who having vanquished the party of Marius, assumed to himself ab- 
solute authority ninder the title o^Dictator\nn office which had been 
disused above 120 years. But Sylla havrog voluntarily resigned his 
power in less than three years, the consular authority was again re* 
stored, and continued, till Julius Caesar, havmg defeated rompey 
at the battle of Pharsalia, and having subdued the rest of his oppo- 
nents, in imitation of Sylla, caused himself to be created perpetual 
dictator, and oppressed the liberty of bis country, A. U. 706. After 
this the consular authority was never again completely restored. It 
was indeed attempted, after the murder of Ctesar, in the senate- 
house on ,the ides of March, A. U. 710. by Brutus and Cassius and 
the other conspirators ; but M. Antonius, who desn^d to role in 
Ciesar^s room, prevented it. And Hirtios and I\insa, the consuls 
of the following year, being skin at Mutlna, Octavius, who was af* 
terwards called (Augustus, Antony, and Lepidus, shared between 
them the provinces of the republic, and exercised absolute power 
under the title of TRiVMYlRiyeipubUcai consiituenAB. 

The combination between rompey, C&esar, and Crassus, com- 
monly called the Jirst triumviraiey which was formed by the contri- 
vance of Caesar, in the consulship of Metellus and Afranius, A. U. 
693. FelL Pat. ii. 44. HoraL Odd. if. 1. is justly reckoned the origi- 
nal cause of this revolution, and of all the calamities attending it. 
For the Romans, by submitting to their usurped authority, showed 
(hat they were prepared for servitude. It is the sfurit of a nation 
alotie which can preserve liberty. When that ia sunk by seneral 
corruption of m(M^s, laws are but feeble restraints against the en- 
croachments of power. Julius Csesar would never have attempted 
what he effected, if he had not perceived the character of the Ro- 
man people to be favourable to his desj^s. 

After the overthrow of Brutus and Casshis at the battle of Phi- 
lippi, A. U. 712. Augustas on a slight pretext deprived Lepidus of 
his command, and having vanquished Antony in a sea-fight at Ac- 
tiura, became sole master of the Roman empire, A. U. 723. and 
ruled it for many years, under the title of ^RINCB or EMPEROR,^ 
{Princepe vel Imperator.) The liberty or Rome was now entirely 
extinguished ; and, although Augustus endeavoured to establish a 
civil monarchy, the government perpetually tended to a military 
despotism, equally fatal turtle characters and happiness of prince 
and people. 

In the beginning of the republic, the consuls seeip to have iieen 
the only stated magistrates, Lh. iv. 4. ; but as they, beii^ enga^ 
almost in continual wars, could not property attend to civil aftkirs, 
various other magistrates were appointed at different times, prsetors, 
censors, aediles, tribunes of the ceremonies, &c. ib. Under the em- 
perors, various new magistrates were instituted. 

Of MJGJSTIUTES in Gmeral. 
A HAGisTRATB is a pcrsott invested with pubKc authority, {Magis* 



.3 



96 ROMAN ANTIQUITIES. 

trains est, qui pnzsit^ Cic. do Legg. iii. 1. Dicitur magistralus a 
magistro, JUagister autem est, qui plus aliis potest^ Festus.) 
{ The office of a magi8ti::|te in the Roman repubhc was diflfereot 
from what it is among U8»/ The Romans had not the same discrimi- 
nation betwixt public employments that we have. The same per- 
son might regulate the police of the city, and direct the affairs of 
the empire, propose laws, and execute them, act as a ju<^ or a 
priest, and command an army, Liv. x. 29. et alibi passim, rThe ci- 
vil authority of a ma^stmte was called magistralus or potestas^ his 
Judicative power ^'umdtch'o, and his military command imperium^J 
fAncientiy all magistrates, who had the command of an army, were 
called PR£TOllES :/ {vel quod caitros prairentf vel quod aliiM 
pra^ssentj Ascon. in Cic.) 

MA6ISTRATUS either signifies a magisiratt ; as, Magxstrahis 
jussil ; or a magistracy ; as, Titio magistralus datus estf Festus. 
So POTESTAS ; as nalfere pottstattm, g^rere pottstatts^ esse in v. 
cum potestate^ to bear an office ; Gabiorum esse potestas^ to be a ma- 

5ristrate of Gabii, Juvenal x. 99. Jurisdictionem tantiim in urbe de- 
egari magistraiibus solitam^ etiam^ per provincias^ potcstatibus 
demandavit. Suet. Claud. 24. .Maoistratos was property a civil 
magistrate or magistracy in the city ; and Potkstas in the pro- 
vinces {Magistralus^ vel t>, qui in potestate aliqua sit^ ul putA prth 
consuty vel prator^ vel a/u, qui provincias regunt^ Ulpian.) But this 
distinction is not always observed, Sallust. Jug» 63. 

When a magistrate was invested with military command by the 
people, in whose power only it was, he was said esse in v. cum tm- 
periOf injusto v. sumnpo imperio* {Cum imperio esse dicitur cut no^ 
minalim est apopulo manaatwn imperium, Festus.) Thus, .^i^^inen- 
iiam neque in imperils^ neque in magistraiibus prcesliiit^ i. e. neque 
cum exercitui pnzessit ^ jus belli gerendi haberetp neque cum munera 
civilia in urbe gerrtt^ Suet. Caes. 54. Nemine cum imperio (military 
command) ant magisiratu (civil authority,) iendenie qudquam^ quin 
Rhodum diverteretf Id. Tib. 12. So magisiraius ^ imperia capere^ to 
enjoy offices civil and military, Id. C(es,i5, But we find Esse in im- 
periOf simply for Esse consulem^ Liv. iv. 7. and all those magistrates 
were said Habere imperium^ who held great authority and power :) 
{qui et coercere aliquem possentj et jubere in carcerem dun, PauU. L 
2. fir. de in jus vocando,) as the dictators, consuls, and proBtors. 
Hence they were said to do any thingj|r^ imperio^ Liv. ii. 5& to 
which Terence alludes, Phorm^ L 4. iGTwhereas the inferior ma« 
gistrates, the tribunes of the commons, the a^liles, and quiest<»rs, 
were said esse sine imperio^ and to act only pro potestate^ I^v. ii. 56* 
iv. 26. Sometimes /K><e«/a« and imperium are joined : thus, Togahks 
in republicd cum potestate imperioque versatus est, Cic Hiil* i« 7. 

Division of MAGISTRATES. 

The Roman magistrates were variously divided ; into ordinary 
and extraordinary^ greater and tess^ curule and not curule ; also^ into 
ptUricimi and pUoeiant city and provincial magistrates. 



DIVISION OF MAGISTRiVTES. 97 

/ TheMAGlSTRATUS ORDINIrII were those, who were ere- 
ated at stated times, and were constantly in the republic ; the £X- 
TRAORDINARII not so. ,- 

/The MAGISTRATUS MAJORES were those who had, what 

l^re called, the nreater auspices/(7^<<B minorxhus magistrata essenif 

GelL xiii, 15.) /The magistrattis majores ordinarii were the consuls, 

Nwtors, and census, who were created at the ComUia CetUuriata:^ 

f^he exiraordinarii were the dictator, the master of the horse, (ma^ 

» gister eamtum^) the interrex, the prefect of the city, Ac. . 

(The MAGISTRATUS MINORES ORDINARII^ere the tri- 
bunes of the commons, the sediles, and queestors : EXTRAORDI- 
NARII, the prcufectus nnnona^ duumviri navaUs, &c. ^■ 
^/TThe MAGISTRATUS CURULES were ilioseT who had the 
.' right of using the sella curulis or chair of state, namely, the dicta- 
ior, the consuls, grsetors, censors, and curule a^dilcs. All the rest, 
who had not that right, were called NON CURULE* {Curules 
magistratus apptllati sunt, quia curru vchebantur, Festus : i^^uo cur^ 
ru sella curulis erat, simra quam consi^erent^ Gell. iii. 18.)XThe #«/- 
la curulis was anciently made of ivory, or at least adorned with 
ivory ; hence Horace calls it, curule ebur, Ep. i. 6. 53. The magis- 
trates sat on it in their tribunal on all solemn occasions^x^ 

Id the beginning of the republic, the magistrates were chosen on- 
ly from the patricians, but in process of time also from the plebeians^ 
/except the irUerrex nlone^quem et ipsum patricium esse^ et a patri* 
' dis prodif necesse^ erat^ Cic. pro Domo, 14.)(^he plebeian magis* 
traies were the aediles and tribunes of the common^ 
L^'Anciently there was no certain age fixed for enjoymg the different 
oflices, Cic. Phil. v. 17. A law was first made for this purpose (LEX 
ANNALIS) by L. Villius^or (L. Julius,) a tribune ol the commons, 
A. U. 573, whence his family got the surname of annales, Liv. xl. 
43. although there seems to have been some regulation about that 
matter formerly. Id. xxv. 2. What was the year fixed for enjoy- 
ing each office is not fully ascertained. See p. 16. It is certain that 
the prsBtorship used to be enjoyed two years after the sedileship* 
Cic. FamiL x. 25. and that the 4dd was the year fixed for the con« 
sulsbip, Cic. Phil. v. 17. If we are to judge from Cicero, who fre* 
qnentiy boasts that he had enjoyed every office in its proper year, 
(it sua quemque magistraimn anno gessisseXihe years appointed for 
the different oflices by the lex Villia were^or the quasstorship thir- 
^-one, for the sediteship thirty-seven, for the prsetorship forty, and 
ror the consulship forty-three^JI But even under the republic popu- 
lar citizens were freed from these restrictions, ibid^ and the empe* 
fors granted that indulgence {annos rtmilUbant) to whomsoever thev 

5 leased, Plin. Ep. vii. 16. or the senate to gratify them, Dio. liii. ^ 
L*he lex annalisy however, was still observed, Plin. Ep. iii. 20. 

It was ordained by the taw of Romulus; that no one should enteif 
on anv office, unless the birds should give favourable omens c And 
by the CORNELUN LAW, made by Sulla, A. U. 673. that a cer- 

13 



/ 08 ROMAN ANTIQUITIES. 

taia order should be observed in obtaining preferments ; that no one 
should be praetor before being quaestor, nor consul before bein^ 
praetor ; nor should enjoy the same office within ten years, nor two 
different offices in the same year, Appixm. de Belt, Civ. i. p, 412. Liv. 
zxxiL 7. Cic, Phil. xi. 5. JUv. viii. 40. But these regulations also 
were not strictly observed. 

AH magistrates were obliged, within five days after entering on 
their office, to swear that they would observe the laws, (in leges ju' 
rare ;) Liv. xxxi. 5. and after the expiration of their office, they 
might be brought to a trial, if they had done any thing amiss, Liv. 
xxxvii. 57. Suet. Jul. 23. 

KIM3S. 

. RoME^ was at first governed by king^not of absolute power nor 
hereditary, but limited and electiveJfjThey had no le^slative au- 
thority, and could neither make war nor peace without me concur- 
rence of the senate and people,! Dionys. ii. 13. Sallust. Catilin. 6. 

The kings of Rome were also priests, and had the chief direction 
of sacred things, tHonys. ii. 14. as among the Greeks. Virg. Mn. 
iii. 80. Cic. Divin. i. 40. 

(The badges of the kings were the Trabea, i. e. a white robe adorn- 
ea with stripes of purple, or the toga pratextq, a white robe fringed 
with purple, a golden crown, an ivory sceptre, the sella curulis, and 
twelve lictors, v^iih the fasces and secures, i. e. carrying each of them 
a bundle of rods, with an axe stuck in the middle of them. 

The badges of the Roman magistrates were borrowed from the 
Tuscans, Liv. i. 8. Flor. i. 5. Sail. Cat. 51. Jin. Dionys. iii. 61. Sirab, 
v. p. 220. 

According to Pliny, Romulus used only the trabea. The toga 
pratexla was introduced by Tullus Hostilius, and also the latus clc^ 
vu8j after he had conquered the Tuscans, Plin. ix. 39. s. 63. viiL 
48. s. 74. 
I The regal government subsisted at Rome for 243 years, under 

* In early times, the science of government, the most intricate branch of faumaa 
knowledge, because attainable only by long experience and deep reflection, must 
have been very imperfect. The complicated provisions, and intricate combinations, 
necessary for securing permanency to a republican government, require a degree 
of political refinement and depth of foresight, beyond the reach of rude tribes of 
Barbarians, trained only to the exercises of the chase ; or inured to a species of pi- 
ratical warfare i the image of the hunter's toil, of his address, and of bis boldness* 
The regal, therefore, the most simple form of government, was adopted at Rome. 
« t These thinj^ mi^fat be expected from the original constitution of the Roman 
state. The danng spirits, who at first associated themselves to Romulus, or who af* 
terwards flocked to Rome, in hopes of ameliorating their fortunes, or of gratifying 
their ambition, would readily see the necessity of a supreme head ; but would not 
have easily submitted to be despoiled of that po^ver, which they bad individqally ex- 
ercised over their respective followers, while they lived in a state of independence, 
and carved out for themselves and their attendants a scanty and precarious snbsist- 
•Qoe by their prowess or address. The subordinate classes, consUtating the body of 
l^e people, long habituated to live under little restraint, also claimed and obtained a 
ihare in the government. 



KINGS. 99 

seyen kings* Romulusj JW/ma PompUiusj Tullus HostiliuBy Ancus 
MarciuSf L, Tarquinius Prisctis^ Servius Tidlius, and L, Tarqvinius^ 
sutnamed SXJPERBUI^froin his behaviour : all of whom, except 
the last, so reigned, that they are justly thought to have laid the 
foundations of the Roman greatness, Liv. li. 1. Tarquin being urn- 
versally detested Tor his tyranny and cruelty, was expelled the city 
with his wife and fiimily, on account of the violence o&red 1^ his 
son Sextus to Lucretia, a noble lady, the wife of CoUatinus. This re- 
volution woA brought about chiefly by moans of L. Junius Brutus. 

The haughtiness and cruelty of Tarquin inspired the Romans with 
the greatest aversion to regal government, which they retained ever 
afterwards. Hence regit facir% to act tyrannically, regit spiriius^ 
regia svperbi/ty &c. 

The next in rank to the king was the TRIBUNUS, or PR JCFEC- 
TUS CELERUM, who commanded the horse under the king^ as 
afterwards the magister tqvitem did under the dictator. 
/WTien there was a vacancy in the throne, (INTERREGNUM,) 
which happened for a whole year after the death of Romulus, on 
account of a dispute betwixt the Romans and Sabines, about the 
choice of a successor to hhn, the senators shared the government 
among themselves. They appointed one of their number, who 
should have the chief direction of affairs, with the title of INTER- 
REX, and all the ensigns of royal dignity for the space of five days ; 
after him another, and then another, till a king was created^Ltt?. i. 
17. ' Dionys, ii. 57. — ^ 

Afterwards under the republic an inUrrtx was created to hold the 
elections, when there were no consuls or dictator jLir. iii. 55. which 
happened either by their sudden death, or when the tribunes of the 
commons hindered the elections by their intercession, Liv. vi. 35. 

ORDINARY MAGISTRATES. 

I. CONSULS. 

1. The first Crtatioriy different names, and badges of 

CONSULS. 

After the expulsion of the kings, A. U. 244. two supreme magis- 
trates were annually created with equal authority ; that they might 
restrain one another, and not become insolent by the length of their 
command, Cic. post, red. in Sen. 4. Eutrop. i. 9^ 
f They were anciently called PRiETORES^Lir. iii. 55. Festus ,• 
am Imperatores, Sallust. Cat. 6. or JUDICES, Varro. de LaL 
Ling. V. 7. Iav. iii. 55. afterwards CONSULES, either from their 
consulting for the good of the state, (a reipuhlicce consulendo,) Cic. 
Pis. 10. Flor. i. 9. or from coqsulting the senate, {a consuUndo ««-. 
natum^) Cic. de Legg. iii. 3. and people, Varr. L. L. iv. 14. or from 
their acting as judges, (a juJAcando) Quinctilian. i. 9. From their 
possessing supreme command, the Greeks called them 'TIIATOI. 

If one of the consuls died, another was substituted {subrogatus vel 



100 ROMAN ANTIQUITIES. 

s^eetus tst^) in his room, for the rest of the year ; but he could not 
hold the coniilia for electing new consuls, Liv, xli. 18. 
/ The insignia of the consuls were the same with those of the kinffs, 
except the crown; namely, the toga pnjRiexia^ sella curulis^ tne 
sceptre or ivory staff, {scipio thumtusy) and twelve lictors with the 
fasces ^TkA stcuresi 

Within the city the lictors went before oply one of the consuld. 
Lav. ii. 1. and that commonly for a month alternately (menniia oi- 
tttnis). A public servant, called acctnsusy went before the other 
ccHisuls, and the lictors followed ; which custom, after it had been 
longydisusedk Julius Csesar restored in his first consulship, SueU Jul, 
20. (He who was eldest, or had most children, or who was first 
elected, or had most suifrages, had the fasces firstA^^^'^ ^^ 1^ -I^^^- 
ix. 8. According to Dionysius the lictors at flrst preceded both 
consuls, and were restricted to one of them by the law of Valerius 
PopUcoIa, lib. V. 2. We read in Livy, of 24 lictors attending the 
consuls, ii. 55. but tliis must be understood without the city. 

3. The Power of the CONSULS- 

As the consuls at first had almost the same badges with the kinga, 

BO tbey had nearly the same power, Liv. ii. 1. (But Valerius, called 

POPLICOLA, (a populo colendo,) took away the securis from the 

fasces^ (securimfascibtLs ademit,) i. e. he took from the consuls the 

E>wer of life and death, and only left them the right of scoui^giog, at 
ast within the city, Dionys. v. 19. for without the city, when in- 
vested with military command^ they -still retained the securis^ I e. 
the right of punishing capitallerLt.v. xxiv. 9. Dionys, y. 59. 

When the consuls commanded different armies, each of them h^d 
the fasces and securis ; but when they both commanded the same 
armv, they commonly had them for a day alternately, aliemis impe- 
riiabarU^) Liv. xxii. 4L 

Poplicola likewise made a law, granting every one the liberty of 
appealing from the consuls to the people ; and that no magistrate 
should be permitted to punish a Roman citizen who thus appealed ; 
Liv. ii. 8. which law was afterwards once and again renewed, and 
always by persons of the Valerian family, Id. iii. 55. x. 9. But this 
privileffe was also enjoyed under the kings, Liv. i. 26. viii. 35. 

Poplicola likewise, ordained, that, when the consuls came into aa 
assembly of the people, the lictors should lower the fasces- m tokea 
of respect ; Liv. ii, 7. and also that, whoever usurped an office with- 
out the consent of the people, might be slain with impunity, Dionys. 
r. 19^ But the power of the consuls was chiefiy diminished by tne 
creation of the tribunes of the commons ; who had a right to give a 
negative to all their proceedings, {omnibus actis inierctdere.) Still, 
however, the power of the consuls was very great, and the consul- 
ship was considered as the summit of all popular preferment: (Aoiuk 
rttrn populifinisy) Cic. pro Pkinc. 25. 
/' The consuls were at the head of the whole repuUic, Cic. pro Mur. 



CONSULS. 101 

33l AH tbe otber magistrates were subject to them, except the tri- 
bunes of the commons. They assembled the people and the senate, 
laid before them what they pleased^ and executed their decrees. 
The laws which they proposed and got passed, were commonly caU« 
ed by their name. They received all Jetters from the governors of 
provinces, and from foreign kings and states, and gave audience to 
ambassadorsJ Tbe year was named after them, as k used to be at 
Athens froni one of the Archons, Cic, de Fat, 9. Thos, M, Tullio 
Cicerone et L. 4nionio Consulihus, marked the 690th year of Rome. 
Hence numerare tnuttos constdes^ for annos, Sen. Ep. 4. Bis jam 
pctne Ubi consul Irigesimns instate You are near sixty years old, Afar- 
tieU. i. 16. 3. And the consuls were said, Aperire annumj fastosquM 
reserare^ Plin. Pan. 58. \ 

(He who had most suffrages was cdled CONSUL PRIORjmd 
his name was marked first m the calendar^ {infoilis,} He also had 
tbe fasces jGi«t, and usually presided at the election, of magistrates 
for tbe next year. 

flESvery body went out of the way, uncovered their heads, disoiount- 
ea from boi^back, or rose up to the consuls, a^ they passed bj^ 
Sen. Ep* 64. If any one failed to do so, and the consul took notice 
of it, he was said to order the lictor ANIMADYERTERE, Liv. 
xxiv. 44. SueL Jul. 80. Acilius the consul ordered the cmnde dmir 
of LucuUus the Prsetor to be broken in pieces, when he was admi* 
niistering justice, because he had not risen up to hkn when passiiig 
by, Dio. xxxvi. 10. & 24 When a P^*8stor happened to meet a con- 
wL his Hctors always lowered their fasces, Dionys. viii. 44* 
jfln the time of war, the consuls possessed sufM^me command. 
They levied soldiers, and provided what wlis necessary fer their 
support They appointed the military tribunes, or tribunes of the 
lemons, (in part ; for part was. created by the people. See Lex At- 
tilia^ the centurions and other officers J Ctc. de Legg. iii. S. Polyh^ 

The consuls had commatid over the provinces, Cic. PhiL W. 4. 
and could, when authorized by' the senate, call persons from thence 
to Rome, {Romam evocare, excire, v. occ^eA and punish them, Cic. 
m Vert. i. 33. Liv. iii. 4. xxix. 15. They had so great authority, 
that kings, and foreign natioas, in alliance with the republic, were 
consklered to be under their protection, Cie. pro Sext. oO. 

In dangerous eonjunctures, the consuls Were armed with absolute 
power by the solemn decree of the senate, Ut vidicrbnt, vel Da^ 
RENT opfiRAM, ^c. Liv. iii. 4. vi. 19. See p. 30. In any sudden Ui* 
mult or sedition, the consuls called the citizens to arms in this form t 

Qur REHPUBLICAM SALVAM ES8B VELIT, ME SBCIITATUR, dc. prO Rohir. 

IJFusc. Quasi, iv. 23. 

I Under the emperors, the power of the consuls was reduced to a 

mere shadow \ their office toeo only was to consult the senat^f and 

lay before them the ordinances (placita) of the emperors ; to appoint 

tutors, to manumit slaves, to let the public taxes ; which had former- 



108 ROMAN ANTIQUITIES. 

ly belonged to the censors ; Ovid. Pont. iv. 5. 18. i^ Ep. is. 47. to 
exhibit certain public games, and sho^irs, which they also sometimes 
did under the republic ; Cic. Off. ii. 17. to mark the year by their 
name, &c. They retained, however, the badges of the ancient con- 
suls, and even greater external pomp. For they wore the toga picta 
or palmala, and had their fasces wreathed with laurel, which used 
formerly to be done only by those who triumphed. They also added 
the securis to itie fasces^ ' 

J8. T%e day on which the CONSULS entered on their Office. 

y^ht the beginning of the republic, the consuls entered on their of- 
fice at different times ; at first, on the 23d or 24th Februarv/( VIL 
▼el YI. KaL Mart,) the day on which Tarquin was said to have been 
expelled, Ovid. Fast. ii. 685. which was held as a festival, and call- 
ed REGIFUGIUM, Fesius ; afterwards, on the first of August, (Kal. 
Sext.) which was at that time the beginning of the year, (T e. of the 
consular^ not of the civil year, which always began with January,) 
Liv. iii. 6. In the time of the Decemviri^ on the 15th of May, {/d. 
MaU.) Id. 36^ About fifty years after, on the 15th December, {Id. 
Decemb.) Liv, iv. 37. v. 1 1. Then on the first of July, ( KaL QmnC' 
tiL) Liv. V. 32. viii. 20. which continued till near the beginning of 
the second Punic wan^. U. 530, when the day came to te the 15th 
March, {Id. Mart.) QlI last, A. U. 598, or 600, (Q^ Fuhio ^ T. 
Annio^ Coss.) it was transferred to the first of Januan^/m Kdl. Jan.) 
which continued to be the day ever after, (DIES SUlJGNNlS ma^ 
gistnUibus ineundis.) Liv. Epit 47. Ovid.. Fast i. 81. iii. 147. 

After this, the consuls weraoisually elected about the end uf July, 
or the beginning of August /From their election to the 1st of Janu- 
ary, when they entertd on Vheir office, they were called CONSU- 
LES DESlGNAT^and whatever they did in public affairs, they 
were said to do it by their authority^ not by their /^oxoer ; {Quod po- 
testate nondum potcrat^ obtinuit auctoritate,) Cic. in Pis. 4. Sext. 32. 
Thej might however propose edicts, and do several other things per- 
teinmg to their office, Dio. xL 66. Among other honours paid to 
them, they were always first asked their opinion in the senate. See 
p. 21.— ^The interval was made so long, that they might have time 
to beconie acquainted with what pertained to their office ; and that 
inquiry might be made whether they had ^ined their election by 
Iwribery* J If they were convicted of that crime upon trial, they were 
deprivelrof the consulship, and their competitors, who a<^used them* 
were nominated in their place, Cic. pro SviL 17. & 32.. They were 
9IBO9 besides being fined, declared mcapable of bearing any ofl^e, or 
of coming intojhe senate, by the Calpumian and other laws af CtCf 
ffro Cornel. Jmren. 23. &;c. as happened to Autronius and Sylla, 
SalL Cat. 18.t Cicero made the punishment of bribery still more 
ievere by the TulUan law, which he passed by the authority of the 
senate, with the additional penalty of a ten years' exile Jpro Mur. 32. 
in Vatin. 15. pro Sexi. 94. ^ 



CONSULS. 103 

The first tiine a law was proposed to the people, concerning bri- 
bery, was A. U. 397. by C. Paetilius, a tribune of the commons, by 
the aathority of the senate, (auctoribu$ pairibua ; 14/ novorum fiucxt- 
ml haminum ambitio^ qui nundinas et conciliabula obire aolM emnf, 
conwrimeretuTj) Lav. vii. 15. \ 

/On the first of January, the senate and people waited on the new 
consuls {salutfxbant)^ at their houses, (which in after times was call- 
ed OFFICIUM, Plin. E]^. ix. 37.) whence being-conducted wiUi 
great pomp, (which was called PROCESSUS CONSULARIS,) 
to the capitol, they ofiered up their vows, (vota nuncupahaiU^ and 
sacrificed, each of them, an ox to Jupiter^uid then began their of- 
fice (mimua suum ausp%cabantur\ by holmng the senate, consulting 
it about the appointment of the fjatin holidays, and about other 
things concerning religion, Ovid. Pont. iv. 4. & 9. Iav. xxL 63. 
xxii. I. xxvi. 26. Ctc. post retf^ ad Qtdr. 5, RulL ii. 34. Dio. 
Fragm. 130. Within five days they were obliged to swear to ob- 
serve the laws, liv. xxxr. 50. as they had done when elected, P/m. 
Pan, 64. 65. And in like manner Jwhen they resigned their oflice, 
tbey assembled the people, and maoe a speech to them about what 
they had performed in their consulship, and swore that they had 
done nothing against the lawsJ/6t</. But any one of the tnbunes 
might hinder theAi from makifis a speech, and only permit them to 
swear, as the tribune Metellus did to Cicero^ Dio. xxxvii. 38. where- 
upon Cicero instantly swore with a loud voice, that he had saved 
the republic and the city from ruin : which the whole Roman peo- 
ple confirmed with a shout, and with one voice Qried out, that what 
he had sworn was true ; and then conducted him from the forum to 
his house, with every demonstration of respect, Ctc. in Pis* 3* Ep* 
Fam, v. 2. 

4. The Provinces of the CONSULS. 

During the first days of their office the consuls cast lots, or 
agreed among themselves about their provinces {provincias inter se 
soriiebantur, aut parabant^ vol compqrabant ^provincias parlili stmt^) 
Liv. ii. 40. iii. 10. 22. 57. et alibi passim. {A province (PROVIN- 
CIA,) in its general acceptation, is metapnorically used to signify 
the oflice or business of any one, whether private or publicj thus, 
Geto, provinciam cepisti dummy Ter. Phorm. i. 2. 2^ So 
Heaut. iii. 2. 5. Before the Roman empire was widely extended, 
the province of a consul was simply a certain charge assigned him, 
as a war to be carried on, &c. or a certain countjy jn which he was 
to act during his consulship, JAv. ii. 40. 54. 58. iii. 10. 22. 25. v. 
32. vii. 6. 12. viii. 1. 29. ix. 41. x. 12. xxvi. 29. xliii. 14. ^ 15. 
F/or.i.ll. 
f Anciently these provinces used to be decreed by the senate, after 
tne consuls were elected, or had entered on their of&oeJLiv, xxxii. 
8. xxxiii. 29. et alibi passim. Sometimes the same province was 
decreed to both consuls, Id. x, 32. xxxiv. 42. xl. 1. &c. Thus 



IM ROMAN ANTIQUITIES. 

both consuls were sent against the Samnites^ and made to pass iin« 
der the yoke by Pontius, general of the Samnites, at the Furca Cau^ 
{Unas, Liv. ix. 1. &c. So Paulus iEmilius, and Terenttus Yarro^ 
were sent against Hannibal, at the battle of Cannie, id. zxii. 40. 6d 
XXV. 3. xxvii. 22. &c. 

/But by the Sempronian law, passed by C. Sempronius Gracchus^ 
A. U. 6dl, the senate always decreed two provinces for the future 
consuls, before their election, Cic. pro Dom. 9. de Prov. Cons, -2. 
Sail. Jug. 27. which they, after entering on their office, divided by 
lot or Bgceement^sorU vel comparatione parHti sunt.) In latter 
times the province of a consul was some conquered country, reduc- 
ed to the form of a province, (see p. 69.) which each consul, after 
the expiration of his office, should command ; for, during the time 
of their consulship, they usually remained in the city. Btence Ci- 
cero says, Tambella gerere nostri duces ijwipiunty cum auspiciti, i. e. 
consulalwn tt praiuram^ posuerunt, Nat. D. ii. 3. For propretora 
and proconsuls had not the rkbt of taking the auspices, (attspkia 
non habebani^ Cic Divin. ii. 36. 

The provinces decreed to the consuls, were called PROVINCIJE 
CONSULARES ; to the praetors, PRiETORIiE. 
• Sometimes a certain province was assigned to 8om6 one of the 
consuls ; ad Etruria to Fabius, both by the decree iff the senate, and 
by the order of the people, Lav. x. 24. Sicily to P. Sctpio, xxviiL 
38. Greece, and the war against Antiochus, to L. Scipio, by the 
decree of the senate. Id. xxxvii. 1. This was said to be dcHie extra 
ordinem^ extra sortepi vel sine sorte^ sine comparationey Id. iii« 2. vL 
30. ftc 

It properly belonged to the senate to determine the provinces of 
the consuls and praetors. In appointing the provinces of the prae- 
tors, the tribunes might interpose their negative ; but not in those 
of the consuls, Cic. de Prov. Cons. ^Sometimes the people reversed 
what the senate had decreed concerning the provincQ^/ Thus the 
war against Jugurtha, which the senate had decreed to Metelluc, 
was given by the people to Marias, Sa//. Jug. 73. And the attempt 
of Marius, by means of the tribune Sulpicius, to get the command of 
the war against Mithridates transferred from SyTia to himself by the 
suffrage of the people, gave occasion to the first civil war at RomOf 
Plutarch, in Mar. 4r Syll. Appicm. de Bell. Civ. 1. and in fact gave 
both the occasion and the example to all the rest that followed. So 
when the senate, to mortify Ctesar, had decreed as provinces to him 
and his colleague fiibulus^ the care of the woods and roads. Suet. Jut. 
19. Cffisar, by means of the tribune Vatinius, procured from the 
people, by a new and extraordinary law, the grant of Cisalpine Gaul, 
with the addition of lUyricum, for the term of five years. Ibid. 22. 
Cie.pro Dom. 9. tVi Vatin. 15. and soon after also Transalpine Gaul 
firom the senate, Suet. ib. Dio. xxxviii. 8. which important command 
was afterwards prolonged to him for other five years, by the Trebo- 
nian law ; Lw. Epit. 105. Cic. de Prov. Cons. 8. Epist. Fam. u 7. 
(See page 30.) 



CONSVU. }A| 

No one was allowed to leave bis province without the penMBM9 
of the senate ; Im, xxix. 19. which regulatioo, however, was loiM* 
ti«ie9 violated upon extraordinary ooeaaions, Liv. x. IS. xxvii. 43. 

If any one had behaved improperly, be might be recalled firon^ 
JUs province by the senate ; but hi^ military command eould only 
be cSbolished {abroguri) by the pe<^Ie, Im. xxix. 19. 

The senate might order the consuls to exchange their provinoe0» 
Lto. xxvi. 29. and even force them to resign mir conuoaacL ML 
V.33. 

Pompey, in his third eonsvlflhip, to check bribery, pasaed a law 
that no one should hold a province till five years after the expiratioB 
of his magistracy, Dio. xl. 46. and that for these five years, while tte 
consuls s^ prators were disqualified, the senators of consular and 
prtstorian rank, who had never held any foreign command, should 
divide the vacant provinces araoi^ themselves by lot. By which 
kw, the government of Cilieia fefl to Cicero against bis wiH, Cic. 
Ep. fbm. iii. 2. Ccesar made a law, that the pnetorian provincef 
should not be heM longer than a year, nor the consular more than 
two yeank But this law, which is much pnased by Cioero, was 
derogated by Antony, Cic. Phil. i. & 

& From what Order the CONSULS were created. 

The consuls were at first choseij^only from the patricians, but 
afterwards also from the plebeians/nThis important change, although 
in redi^ owio^ to weightier caused was immediately occasioned by 
a trifling circumstance. M. Fabius Ambustns, a noUeman, had two 
daughters, the elder of whom was married to Sulpicius, a patrician, 
and the younger to C. Licinius Stole, a plebeian. While the latter 
was one day visiting her sister, the lictor of Sulpicius, who was then 
nubtaiy tribune, happened to strike the door with his rod, as was 
usual when that magistrate returned home from die forum. The 
younger Fabia, unacquainted with that custom, was fqgbtened at 
the noise, which made her sister laugh, and express surprise at her 

£orance. This stuoff her to the quick ; and upon her retom home, 
could not conceal her uneasiness. Her rather, seeing her de- 
jectdd, asked her if all was well ; but she at first would not give t 
direct answer : and it was with difiiculty he at last drew firom her 
a cofifesaion, that she was chagrined at being connected with a man 
who could not enjov the same honours with her sister^s husband, 
lor, although it had been ordained by law, that the military tribunes 
should be created promiscuously from the patricians and plebeians, 
liv. iv. 6. yet for forty-four years after their first institution, A. IT. 
Sit. to A. U. 355^ no one plebeian had been created, Liv.v* IS. 
vl 37. end very few afterwards. Liv. v. IS. 18. vL 30. Ambustus, 
Jlberefore, consoled his daughter with assurances, that she should 
soon s^e the same honours at her own house, which she saw at her 
nsfisPs. To effect this, he concerted measures with lus son-m-law, 

14 




106 ROMAN ANTIQUITIES. 

and one L. Sexthis, a spirited young man of plebei)^ rank, vtho had 
every thing but birth to entitle him to the highest preferments. 

Licinius and Sextius being created tribunes of the commons, Lh^ 
Vi. 35. got themselves continued in that office for ten j'ears, ihid. 
42. for five years they suffered no curule magistrates to be created, 
ibid. 35. and at last prevailed to get one of the consuls created from 
among the plebeians^t^d. 42. 

L. SEXTIUS was the first plebeian consul, Lit. vii. 1. and the 
second year after him, C. Licinius Stolo, ibid. 2. from whomj^the 
law ordaining one of the consuls to be a plebeian, was called LEX 
LICINIA^t6tVi 21. Sometimes both consuls were plebeians, 13* 
xxiii. 3L which was early allowed by law, vii. 42. But this rarely 
happened : the patricians for the most part engrossed that honour ; 
Jttv. vii. 18. 19. et alibi passim. Sail. Jvg. 63. Cic. in Rvll. ii, I. 
The Latins once required, that one of the consuls should be chosen 
from among them, Lit), vili. 4. & 5. as did afterwards also the peo- 
ple of Capua, Id. xxxiii. 6. but both these demands were rejected 
with disdain. 

The first foreigner, who obtained the consulship, was Cometius 
Balbus, Plin. viii. 43. s. 44. Veil. ii. 51. a native of Cadiz ; who be- 
came so rich, that at his death, he left each of the citizens residing 
at Rome, 25 dracbmcsy or denarii^ i. e. I6s. Id. Zq[ Dio. xlviii. 32. 

6. JTu Legal Jgt^ and other Requisites for enjoying the Consulship, 

/Thk legal age for enjoying the consulship (^tas CONSUL ARIS) 
was forty4hred?Ctc. PML v. 17. and whoever was made consul at 
that age. was s&d to be made in his own year, (suo anno,) Cic in 
Rull. ii 2. 

/Before one could be made consul, it was requisite to have gone 
through the inferior offices of quSBstor, sedile, and prcetor J It be- 
hoved candidates for this office to be present, and m a pnvate sta- 
tion, (see p. 18.) dnd no one could be created consul a second time, 
till after an interval of ten years, Liv. vii. 42. x. 13. 

But these reffulatioiis were not always observed. In ancient times 
there aeem to have been no restrictions of that land, and even after 
they were made, they were often violated. Many persons were cre- 
ated consuls in their absence, and without asking it, Cie. Amic. 3» 
and several below th^e^l age : thus, M. Valerias Corvus, at twcn- . 
ty-three, Liv. vii. 26;^ Scipio Africanus the elder, at twenty-eightv^ 
Id. XXV. 2. XX vi. 18. xxviii. 38. and the younger at thirty-eight ; la, 
JSpit. xlfac. T. Quinctius Flaminius, when hot quite 30 ; Ptutareh. 
(Pompey, before he was full thirty-six years old ; '{Ex. S. C. legibus 
jolutus consul ante fiebat quam ilium magistratum per leges ct^ere 
licuisset, i. e. before by law he could be made cedile ; which waa 
the first office properly called Magistratus, although that title is of> 
ten applied also to* the qusBstorship and tribuneship, Cic pro Ug. 
ManU. 21.) 
^ To some the CMsulship was continued for several years without 



CONSULS. IM 

iBtenntsaion ;. as to Afarius, £40. Epit. 67. who wu seren times con*. 
fliJ, and once aodag^io created in his abseiic^tbcLef 68.^ Seve- 
ral penons were made consuls without having previously borne anyv 
curule office ; LtD. xxv. 42. xxxii. 7. Dio. xxxvi 23. Many were 
re-elected within a less interval than of ten years, Liv. passim. And 
the refusal of the senate to permit Caesar to stand candidate in hitf. 
absence, or to retain his province, gave occasion to the cxvil war be-« 
twixt him and Pompey, which terminated in the entire extinction of 
liberty, Cos. de belL c«v. i. 2. & 3. 

m 

Ti. AlUraiions in tkt Condilion cfthe CONSULS under.lAi fioiperorx. 




Julius Cj&sar reduced the power of the consuls to a mere name.) 
Being <^reated perpetual dictator. Suet. 76. ail the other magistrttteii 
wei:e aul^ect to him^ Although the usual form of electing consul* 
was retained, he assumed the nomination of them entirely to him«> 
self, Cic Phil. iL 32. SutU Jul. 4L & 76. He was dictator and 
consul at the same time, Dio, xliii. 7. as'Sylla had been before him ; 
but he resigned the consulship when he thought proper, and nomi* 
nated whom he chose to succeed him. When about to set out against 
the Parthians, he settled the succession of magistrates for two years 
to come, {dmstdts et trxbimos pUhis in biennium, quos voluit,) Cid.' 
Att xiv. & Dia xlui, 5L He introduced a custom of substituting 
consuls at any time, for a few months or weeks ; sometimes only fbr 
a £bw days, or even hours, Lucan. v. 397. Suet. Jul. 19. CiJt\ Fami 
vii. 30. Dio. xliii. 36. that thus the prince might gratify a greater 
number with honours. Under Cofiimodus, there were twenty-five 
consuls ^ one year, Lamprid. 6. ^he usud number in a year veatf 
twelve, jpat the consuls who were admitted on the first day of Janu* 
arv, gave name^io the year, and had the title of. ORDINARU, the 
others being styled SUFFECTIyor Minores, Dio. xlviiL 35. 

The consuls, vrhen appointed by the emperor, Plin. Ep. \x. 13, 
did not use any canvasmng, but went through almost the same for-^ 
maiities in other respecu as under the republic, Plin. Pan. 63. 64. 
65. 69. 77. 92. In the first meeting of the senate after their election, 
they returned thanks to the emperor in a set speech, PHn. Ep. Hi. 
13. 18. Paneg. 2. 90. 91. 93. when it was customary to expa<» 
tiale on his virtues ; wiiich was called. Honors, vel in honorex 
pRUioipis ctHssRfi, Id. Pan. 54. because they delivered this speech, 
when they were first asked their opinion as consuls elect. (See p« 
37. & Plin. Ep. vi. 27.) Pliny ailerwards enlarged on the general 
heads, which he used on that occasion, and published them urSer the 
name of PANEGYRICUS, (L e. Xoyo^ •'ovijyvpijfoj, oralio in content 
ftt habiia^ a v«vi^^, tonvefUus, Cic AtU i. 14.) Xerocs Tragano 
Affgusio dictus^ ^ 

Ajnder ttie emperors, there w^^ persons dignified merely with the 
tide, without enjoying the office of consuls, (CONSULES BONO- 
RAJEUI Bs, uiKler £e republic^ penons who had netier been con<> 



ROMAN ANTIQUITIES. 

•ids or pn&tsn, on accoant of iome pabKc terrice,. obtiiMd the ri 
of sitting and speaking in the senatOi in the place of those who bad 
been consuls or pnstors, {loco constUari^ vel pratorioy Cic. Phil. i. S. 
T. 17. liy. Epit. 118.) which was called auctoritas vel senUnUa am^ 
itdaris aut pratoHa^ Cic» in Vatin. 7. in Balb. 25. So AlUeivs nw 
Ur prat^oSf Plio. Ep. i. 14. PuUlank senatuB omamenla prmiotia 
depyvHf Id. vii. 29. viii. 6. 

j^hose who had been consuls were called CON8ULARE8, CUe. 
Inam. xii. 4. &c. as those who had been prsDtors, were called PR^- 
TORII ; «diles, iEDILITII ; quaestors, QUJESTORIL^ 
(Under Justinian, consuls ceased to be created, and ^e year, of 
consequence, to be distinguished by their nameJ^. U. 1293. But 
the emperors still continued to assume that droce the first year of 
tfacdr. sovereignty. Constantino created two consuls annually ; whose 
oiSSce it wais to exercise supreme jurisdiction, the one at Rome, and 
the otber at Constantinople. ^ 

II. PRJETORS. 
I. Institution and power of the PRAETOR. 

The name of PRAETOR {is qui prail jure tt ixercitUr Varro 
0Tp»ifyog)^ was anciently common to all the magistt*atesJLtv% iii. 55l 
ji$ean. in Cic Thus the dictator is called Proctor MaximttSf Liv« 
vii. 3. { But when the consuls, being engaged in almost continual 
wars, could not attend to the administration of justice, a magistrate 
was created for that purpose, A. U. 389. to whom the name of 
PILETOR was thenceforth appropriated.y He was at first created 
only from the patricians, as a kind of compensation for the consul^ 
ship being communicated to the plebeians ; j)ut afterwards. At U. 
418. also from the plebeians, Liv. viii. 15. / The prsetor was nest 
in dignity to the consuls) and was created at the Comitia Centiirimkk 
ymih the same auspices as the consuls ; whence he wa9 called their 
colleague^ Ltv. vii. 1. viii. 32. Gell. xiii. 14. Plin. Pan. 77. Thit 
first prs^tor was 8p. Furius Cami1ius,8on to the great M. Furius Car 
inillusy who died the year that his son was prsstor, Liv. viL 1. 

If When one prsstor was not sufficient, on account of die number of 
foreigners, who flocked to Rome, another prastor was added, A. U* 
510. to administer justice to them, or between citizens and thm^ 
(gut inter dves Romanos et peregrinos jus diceret, liv. Epit. latL-^ 
xxii. 35.) hence called PRjET£R PEREGRINUS. 

The two praetors, after their election, determined, by ca^nglots, 
which of the two jurisdictions each should exercise. 

■' The jprstor who administered justice only between citieens, waa 
eaQed PIUETOR URBAIfU^and was more honouraUe/whence 
he was called Prjetor uonoratus, Ovid. Fast. i. 52. MaAr^ Fsskls. 
in voce Major Consul \/knd the jaw derived from him and hk edicts 
is called JUS HONORARIUM^ In the absence of the cokisds, he 
supplied their place, {mtmns coniulart smiinebai) Cic Fans. 10* 12. 



FR^TOJl& 10» 



Bb prefidad in the asa^mblieg of the people, and mighl convene Ihe 
fl^iate ; hut only when something new happened, C^. Fam. xii. %. 
He Ukewue exhibited certain pobiic games, as, the LucK ApoUmiatts ; 
liv. xxrii. 33* the Circenman and Megaleosian games ; juvenaL xu* 
183^ and therefore had a particular jurisdiction over players, and 
such people ; at least under the emperors, Tadu Ann. i. 77. When 
there was no censor, he took care, according to a decree of the se« 
nate, that the public buildings were kept in proper repair, {saria tec- 
ta exigebatf) Cic in Verr. h 50. On account of these infportant 
offices, he was not allowed to be absent from the city above ten 
<fay8, Cie. Phil. ii. 13. 

/jTbe power of the praetor in the administration of justice was ex«* 
preand in these three woitls, DO, DICO, ADDIC^ Prator da- 
BAT ocftdnem ttjudices } the praetor gave the form of; a writ for try* 
ing and redressing a particular wrong complained of, and appointed 
judges or a jury to judge in the cause ; dicbbat jusj pronounced 
sentence ; AnmccaAT Sona vel damna, adjudged the ^>ods of the 
debtor to the creditor, &c. 

(The days on which the prator administered justice were called 
1M£S FASTI/ (o fendo, quod Us diebus htBc tria verba fari licehat.) 
rHiose days on which it was unlawful to administer justice, wtta 
^ed NEFASTlJ 

Jtte M1CFA8TU8 etUf p€r fkem tma tkhsa nUulmr : 
Fast us, erit, per quern Uge Ueebil agi, 

Ovid. Fast. i. 47. 

2. EDICTS of the PR^TOR. 

^ The Prmlor Urbtmw^ when he entered on his office, after hav-' 
hiff sworn to the observance of the laws, publiriied an edict (EDIC* 
TuM,) or system of rules, {Formuloj) according to which he was to 
administer justice for that yenr^ whence it is called by Cicero, LEX 
ANNUA, CXc. in Verr. i. 4^ Having summoned an assembly of 
the people, he publicly declared (EDICEBAT) from the JtoHroj 
(cum in concionem adscendisset,) what method he was to observe, 
(mug obteroaturus esiet,) in administering Justice, Cic. de Fin* ii. 29* 
This edict, he ordered not only to be recited by a herald, PlauL in 
Prolog Pmmdi 11. but also to be publicly pasted up in writing, 
(Scr^^tum in ALBO,) i. e. tn tabula de aibatay vel, ut alii dicunt, (m- 



literis notatd,) public^ proponi^ wide de PI«ANO, (i. e. de humo^) 
rectt legi posset : in ku^ lettens, (Uteris majus<nJis\ Suet. Calig. 
41. These words used commonly to be prefixed to tne edict, "BO* 
HUM FACTUM, Suet. Jul. 80. VUell. 14. Plant, ibid. 
J Those edicts which the prsBtor copied from the edicts of his pre* 
decessors, were called TRALATITIiUXhose, which he franied 
himad^ were called NOVA/ and so any clause or part of an edict, 
CAPUT TRALATITIUM vel NOVUM, ac. in Verr. i. 46. But 
as the pr»tor often, in the course of the year, altered his edicta 



UO ROMAN ANTIQUITIES. 

tliroi^b favour or enniity» Cic. in Vert. i. 4L 40» this wu fbrfaidden, 
fintt by a decree of die senate ; A. U. 585. and afterwards, A. U. 
686. by a law whicfaTC. Cornelius got passed to the great offence <^ 
the Qobility, Ut Pr^tores ex edictis sms perpetuis jus dicb-* 
RENT, i* e. that the preetors, in admmisteriDg justice, should not de- 
viate frojn their form, which they prescribed to themselves - in the 
beginning of their ofHce^scon. in Oral. Ck. pro Com.-^Dio* Cass. 
36. c. 22. ^ 23. From this time the law of the pr tors, (jm 
FRiETORIUM,) became more fixed, and lawyers b^an to study 
their edicts with particular attention ; Cic\ de Ltgg. i. 5. some also- 
to comment on them, GtlL xiit. 10. By order of the Emperor 
HadriaD^the various edicts of the pr»tors were collected into one, 
and properly arranged by the lawyer Salvius Juhan, the great grand- 
filther of the Emperor Didius Julian ; which was ther^ter called 
EDICTUM PtRPETUUM, or JUS HONORARIUMyand no 
doubt was of the greatest service in forming that fiaimous code of the 
Roman laws calted the CORPUS JURll^ compiled by order of 
the Emperor Justinian* 

Besides the general edict, which the pretor publi^d, when he 
entered on his office,, he frequently published particular edicts as 
occasion required^ (Eoicta peculiaru et repehtina,) Cic. in Vtrr. 
11^14. 

/An edict published at Rome was called EDICTUM URBA- 
NUM, ibid. 43. in the provinces, PROVINCIAL^tftid. 46. Sici- 
liense^ 45. &c. 

Some think that the Pr<Bior Urbanus only published an annual 
edict, and that the Prator Peregrinw administered justice, either 
according to it, or according to the law of nature and nations. But 
we read also of the edict of the Praetor Peregrinus, Cic. Fam. xiii. 
59. And it appears that in certain cases he mieht even be appealed 
to for relief against the decrees of the Prctior Urbanus^ Cic Yen*, i. 
4^ Ascon. in Cic. Ces. de Bell. Civ. iii. 20. Dio. xlii. 22. 
/xhe other magistrates published edicts as well as the preator; 
the kings, Liv. i. 32. ^ 44. the consuls, Liv. ii. 24. viii. 6. the dicta- 
tor, Lio. ii. 30. viii. 34. the censor, Liv. xliiL 14. J^ep. in Cat. h 
GtlL XV. II. the curule aediles, Cic. Phil. ix. 7. PlauL Captiv. iv. 
3. 43. the tribunes of the commons, Cic. in Vtrr. ii. 41. the 
quGBstors, ibid. iii. 7. So the provincial magistrates, Cic. EpisU pas^ 
sin ; and under the emperors, the prsefect of the city, of the prasto* 
rian cohorts^ &c. So likewise the priests, as th% pontificts and <Ie* 
ctmoiri sacrorum^ Liv. xl. 37. the augurs,^ Vdtr. Max. viii. 2. 1. 
and in particular, the pontifex maximus^ Tacit. Hist. ii. 91. Gell. 
iL 28. All these were called HONORATIi Liv. xxv. 6. Ovid.. 
Pant. iv. 5b or Honorti honestati, Sail. Cat. So. honoribus hanoratif 
Yellei. ii. .124. honore vel honoribus usi^ Flor. i. 13. Cic Flacc. 
19. and therefore the law which was derived from their edicts was 
also called Jus HONORARIUM. But of all these, the edicts of the 
pnstor were the most important 



PR^TORg. Ill 

The orders and decrees of the emperors were sometmies also 
called edicta, but usaally rescripia. See p. 32. 
- The magistrates in composing their edicts, took the advice of 
iibsB chief men of the state ; thus, Consults cum viros primaries at" 
que amplissimos civikstis multos in eonsiHum advocdssent^ de consilii 
stnientia pronuncidrunt, c^c. Cic. Verr. iii. 7. and sometimes of one 
another; thus, Cum collegium prattorium tribuni pM. adkib^s^nt^ 
ut res nummaria de communi sentefitia constihieretur ; eonscr^senmi 
cmnmuifUter edictumy CiC. Off. iii. 20. Marius quod cofnmuniter 
composiitwifueraif solus edixit^ ibid. 

* /The sammpoing of any one to appear in court, was likewise Call- 
ed Edictumjilf 9Lny person did not obey the first summons, it was 
repeated a second and third time ; and then what was called a oe- 
rtmptory stmmons was given, (EDICTUM PEREMPTORIuM 
dabatur, quod disceptaiionem perimeret, i. e. ^tri tergiversari nan 
paiereturf which admitted of no farther deia;^and if any one neg« 
•lected it, he was called contumacious, and tost his cauee. Some- 
times a summons of ibis kind was given all at once, and was called 
Unitx pro omnibus, or unoh pro tribus. We read of the senaF- 
tors being summoned to Rome from all Italy, by an edict of tho 
thp pfastor, lAv, xltii. 11. 

(Certain decrees of the prastor were called INTERDlCTA ; as» 

about acquiring, retaining, or recovering the possession of a thingi/ 

Cic. Cacin. 3. 14. 31. Orjctt, u 10. to which Cicero alludes, Drban§- 

Jatis possessionem quibusvis intekxhctis defendamus^ Fam. vii. 33, 

/also about restoring, exhibiting, or prohibiting a thingj^/ivhence 

' Horace, Sat. ii. 3. 217. Intbrdicto huic (sc. insane) ormie adimai 

jus prcetor, i. e. bonis interdicat, the praetor would take from htm the 

management of his fortune, and appoint him a curator, U. Epist, L 

L 102. according to a law of the Twelve Tables, {qum Jiiriosis et 

male rem gerentibtts bonis^WTKKDict jubebat,) Cic. de Senect. 7. 

3. The INSIGNU of the PRiETOR. 

The prcBtor was attended by two lictors, in the city, who went 
before him with the fasces^ Plaut. Epid. i. 1. 26; and by six licton 
without the city. He wore the toga prmtexta, which be assumed^ 
as the consuls did, on the first day of his office, after having ofiered 
up vows, {votis nuncupatisj) in the capitol.^^ 
{ Wheo the prsetor heard causes, he sat m the Forum or Comi^uon, 
on a TRIBUNAL, (m, or oftener pro tribunali,) which was a kind 
of sta^ or scaffold, suggestum v. ^i/^,) in which was placed the Setla 
Curulis of the praetor, Cie, Verr. iii. 38. Mart, xi 99. and a sword 
and a spear (6LADIUS et HASTA) were set ufNright before binu 
(The Tribunal was made of wood, and moveable^ Cic. in VaL 14^ 
Sue/. CcBs. 84. so large as to contain the ASSESSORES, or coun- 
sel, of the prsetop/ Cic, de Oral. i. 37. and otbejrs. Brut. 84. in the 
form of a square, as appears from ancient coins/ But when spacious 
halls were erected round the Forumj for the aammistration of jas^ 



U8 ROMAN ANTIQUITIES. 

4ice, called BASILlCiE/or Regia sc, ade* ¥#1 porticuSf Suet. Aug. 
31. Calig. 37. Stat. SBv. i. 1. 29, (Ba<r.X«aii i^mU) Zawi. v. 2. Jo^ 
ftpk, A. xvii 11. from their larfeneas and magnificence, the Tiibu* 
nal in them seeqi? to have been of atone ; and in the form of a le- 
micircle, ViWuv. v. L the two ends of which were called Corrma^ 
Tacit Annal. ulo.ovParUB Fnmor€5, Suet. Tib. 33. The first 
BasUka at Rome appears to have been built by M. Porcius Cato, 
tbia censor, A. U. 566. hence called Porcia^ Liv. xxxix. 44. 

/The JUDICES or jury appointed by the Pra^r, sat on lower 
s^ts, called SUBSELLI Ayf Cic. Rose. Am. ll/aa also did the ad- 
vocates, Id. de Orat. i. 62.nhe WiinessesJld. Flacc. 10. and hear- 
lers. Brut. 84. Suet. Aug. .56. Whence Subsellia is pot for the act 
of judging, Siut. Xer. 17. or of pleading, Cic, de Orat. i. 8. ii*33. 
Ihus, Fersaius in utrisque subselliis cum etanma fama ttfidt ; i. e. 
judioem et patronum egit, Ctc. Fam. xiii. 10. A subselliis Alieaiu^ 
ifec. L e. musidicus^ a pleader, in Cacil. 15. F(m: such were said 
hpbitare m subselliis^ Orat. i. 62. A subselliis in otium se conferr% 
fto retire from pleading. Id. Orat. ii. 33. 

T:he inferior magistrates, when they sat in judgment (judicia €»* 
'tfcebantf) did not use a Tribunal^ but only subsellia; as the trip 
bunes, plebeian eediles, and qusBStors, &c Ascon. in Cic. Suti, Claud* 

as. 

The benches on which the senators sat in the senate-houae wera 
likewise called subsellia, Cic in Cat i. 7. Hence longi subselSi 
/udicatiOf the slowness of the senate in decreeing, Cic. Fam. m. 9. 
Aad so also the seats in the theatres, circus, &c. thus, sensUoria sub* 
stUia^ Cic. pro Com. 1. Bis sublena sepselUa, the seats of the 
E^esy Mart. v. 28. 

i. In .matters of less importance, the pnetor judged and passed sen* 
fence without form, at any time, or in any place, whether sittins or 
walking ; and then he was said COGNOSCERE, interloqui^ £scur 
tere E vel DE PLANOJ or, as Cicero expresses it, ex cequo loco^ 
Fam. iii. 8. Ceecin. 17. 3e Orat. 6. non pro, vel. c tribunalif aut ex 
vuperiore loco ; which expressions are opposed to the former : So 
Suet. Tib. 33. But about all important affairs, he judged in form 
on his tribunal : whence atque hae agebantur in conventu palam^ dc 
s^U^ ac de loco superiore, Cic. Verr. 4. 40. 

' The usual attendants (MINISTRI vel apparitares) of the pr«tor, 
besides the lictors, were the SCRIBiE, who recorded his mt>ceed- 
in^iqui acta in tabuias referrent,) Cic. Verr. iii. 78. & 79/and the 
ACCENSl, who summoned persons, and proclaimed alouo when it 
was the third hour, or nine o'clock before noon ; when it was mid- y 
day, and when it was the ninth hour, or three o'clock after noojii^ 
Varr.de ling. Lat. v. 9. 

4. The number o/PRiETORS at different tim^. 

While the Roman Empire was limited to Italy, there were only 
two prvtofB. When Sicily and Sardinia were mduced to the form 
of a province, A. U. 526, two other pr«tors were added to govern 



118 

them, 1m. BpiL 30. aBd4vo«ioTe tvhen lUther and Farther Spain 
were subdued, /c(.xxxii. 27. & 28. /In the year 571, only four pre- 
t<irs were created by the B^bian lim, which orljained, that six prefix 
tors and four should be created alternately; JJv, xL 44 battlus 
regolatioa seems not to ha^e been loag observed. 

Of thede six pretors/ two only remained in the city ; the other 
four, iiomeditttety !altei^ having entered on their c^ke, set out for 
their provinees; Tto praetors ^determined their province, as tfie 
consuls, by castir^ lots, or bjc agreement, Liv^ passim. 

Sometimes one praetor administered justice both between citizens 
and £>mgnen,i4v. xxv^S. xxviii 38. xkxi. 1. xxxv. 41. and in 
dangerous cohjunctorea^ none of the {nrsBtora were exempted from 
mjUtary service, iM xxiii. 33. 

fFb&pr»tor UrbmhuswLpd Pengrimts administered jostie^ only id 
private. or lesser ^aasesjl^iut in public or important causes, the peo- 
ple either judged tbamselvesj or appointed persons, one or more, to 
preside at the triajj {que qumskkmi ^ruemtUj Cic. pro Chient 39* 
qtmrerent, qwtsitonfs pnblicas vel judicia exercerentf Li v. iv. 51. 
xxxvUi. 65. Sallust. Jug. 40.) who were called QUiESITORES, or 
Quiuior$» 'paiicidU^ whose authority lasted only till the trial was 
ovev. Sotnetiibes a dtcttitor was created for holding trials, Liv. ix. 
B6. But A.U.-664. k was determined, that the Prceior ytbanus 
P*regriptus should contlntie to exercise their usual jurisdictions ; 
and tliat the four other praetors shoutd during their magistracy also 
feinatn in the city, and preside at public tnala: one at trials con- 
cenung extortion, {de repeinndk f ) another, coneeming bribery; (de 
ambitu y') a thir^ concerning crimes committed agdmtt the state^ 
(de majestate ;) and a fourth, about defrauding the public treasury^ 
(d€ pemlaiu.) ^ These were ealled <^UB8TIONES PERPETUJE, 
Cic. Brut. 26| becatise they were annually assigned {mandabaniuf)^ 
to paiticutar prcetors, who always conducted them for the whole 
y!tzsj{quipttpet%t(y txtTCtrtnX^) according td a certain form prescrib^^ 
ed by. law : so thht there was no need, as formerly, of making a new 
law, or of appointing extraordinary inquisitors to preside at theni^ 
who should resign their authority when the trial was ended. But 
still, when any thfing unusual or atrocious happened, the people or 
senate judged about the matter themselves, or appointed inquisitors 
to preside at the trial % and then they were said extra ordinemmc^ 
t€r^': as In the case* of Ciodius, for violating the sacred rites of th^ 
Bona De«,or6ood €>oddess, Ck. ;^H:\. 13. 14, & 16. and of Milo, 
f«r the murder of Ciodius, Cic. pro Mil. &c. ' 

' L. Sulla increased the number of the -iUCBsiionis perpettuB, by add^ 
ing those de FALSO, vel d«^Wfmne /o/W, concerning forgers of 
wills or other writs, coiners or ntakers of base money, &c. de SICA- 
RIIS et VENBFICiSr, about suoh as killed a person with weapons 
or poison ; ei de PARRICIDIS, on Which account he created two 
addttiMal pttelors, A. U. 672 ; sortie say four. / Julias C sar in* 
ereasedthe onmber of prtetdtB, first to ten, A. U>707. Dio. xlii 51. 

46v- ^ 



/imd 



X 



U4 ROMAN ANTIQinTIE& 

then to fourteen, Id. xini. 47. afterwards to aixteen» A* 49L Taeif, 
Hut. ill. 37. Under the iriumvirif there were 67 prators in^ one 
year, Dto. xlyiii. 43. 53. AuffUfltus reduced the number to twelve^ 
i)io. says ten ; xliii 33. but imerwardanrnde tbem sixteen, Pompom, 
de orig. jun ii. 28. According to Taeitua, there were no more than 
twelve at his death, AnMl. i 14. Under Tiberias, there were 
aomerimes fifteen and sometimes sixteen, Dio. hnii, 90. Ciaudius 
added two prsetors for the cognizance of frusta, (fui d^fidmeommk' 
918 jus dicerent.) The number then was eighteen ; but afterwards 
it vme^^ 

Upon the declme of the empire^ the principal foDctioDa of the 
prfiBtors were conferred on the pritfectus praiorio, and other magts* 
trates instituted by the emperors. The preators of coarse sank in 
their importance : under Valentinian tlieir nuoaber was redneed to 
three ; and this magistracy having beotMne an empty name, (tiunM 
nomeHy) Booth, de consol. pfailos. iii. 4. pros at hat ^entirely sap^ 
pressed, as it is thought, muter Justinian. J 

^ III. CENSORS- 

/ Two magistmtes were first created, A. Ur 313, for 4ak]itt an ae« 
count o( the number of the pe^le, and the valne of their fcrtoaaSf 



(censm agendo ;) whence they were called CEN80RE8/ Liv. ti 
FesU (Censor, ad ct/^m annonem^ id tit oritlrtum, enumiur popm;^ 
hiSf Yarn L. L. iv. 14) As the coosuta, being engaged in ware 
abroad, or commotioBs at borne, had no leisure for that bosiMss^ 
{non consuliha opera eratf sc. prolium, i. e. iis non vacabat id neg^* 
tiwn agere f) the census had been intenmlted for 17 years, Liv. iik 
12- iv. a ^ 

. The censors at first conlim|$d in office for five vears, lbid.flBnX 
afterwards, lest they should abase their authority, k law was passed 
by Mamercus ^milius the dictator, ordaining, that tliey should be 
elected every five years ; but that their power should continue only 
a year and a ha^(£« qmntfuinnaU amuia a« sem^irisoenswra facia 
osQ Liv. iv. 24. ix. 33, 

,The censors had all the ensigns of the ccmsuls, except &e lictors«r 
/ The censors were usuaUy chosen from the most respectable per-* 
^aons of consular dignity ; at first only from the Mtncians, but after- 
wards likewise from the plebeian&Z The first plebeiaB censor was 
C. Marcius Rutilus, A. U. 404. wno also had been the first plebeiaB 
dictat(»r, lAv^ vii. 22. Afterwards a law was nrade, that <»e of the 
censors should always be a plebeian. Sometimes both censecs wwe 
{debeians, Liv. EpiL 59. and sometimes those were created cen- 
sors, who had neither been consuls nor prvtors, lAv. xxvii. 6. and 
11. but not so after the second Punic war. 

The last censors, namely, Paulus and Plancus, under Augustus^ 
are said to have been private persons, (PRTVATI,) Dio* !>▼- 2. not 
that they had never borne any public oflke befoi«, but to distiwgrish 
them from the Bmperor ; all besides him being caOed by that msm. 
Veil. iL 99, iSiie^. TacU, tt Plin. pastim. 



CEI1S0R& IIS 

Hie p6wer of th^. ettnson at fim •was smaB ; but afterwaxds it 
became very greaty^AU the enters of the €tate were subject to tiienii 
{eentorihus subject^ Liv. hr« 34) Hence the censorship is called, 
by Plutarch, the summit of all |»«ferment8 {amnivm henorum iipex, 
▼el foBiigiumf) in Cat Maj. and by Cicero, majestra pudoris ei mO' 
dt9H4Bt in Pis. 4. The title of Censor was esteemed more honoura- 
ble than that of Consul ; as appears from ancient coins and statues : 
and it was leii^koned tbe^cbief ornament of nobility, to be q)nu^ 
from a censorian fiimily, Faler, viii. 13, Taeit. Ann. vk. 96. Hist^ 
vL 9. 

The office of the censors was chiefly to estimate the fortunes, and 
to inspect the morals, of the citizens, uic it leg, iiL 3. 
^The censors took the cen^ti^ in the Campus Martius, Seated in 
near cunde chairs, and attended by their clerks and other officers, 
they ordered the oitisens, divided into tbeur classes and centuries, 
and ala» into their tribes, Lh. xxiz. 37. to be called {citari) before 
them by a heraU, «id to give an account of their fortunes, family, 
dec. according to the institutioii o£ Semus TuHiafl {See p. 76.) At 
the same time, thoy reviewed the senate and equestrian order, sup- 
plied the. vacant places in both, and inflicted various marks of dis- 
grace {noUu inwebmU) on those who deserved it.^ A senator they 
excluded from the senate4iouse^ (senalu fnovekant^ vel ^icieiant^) 
(see p. 17.) an eques they deprived o( his public horse, {equum adi^ 
meianif) (see p. 35.) and any «ther citizen they removed from jl 
more honourable to a less mnouraUe tribe, {tribu mfyoebafU ^) * or 
deprirod him of aD the- privileges of a Roman citizen, ^iDcept lihenyjy 
(mrafium faeUbtuU^ Liv. Quip^r hoc ntm essei in dlbo ceniurix sttaSf 
ted ad hoc tsset eivii ta^um, id pro capite suo tribuii nomine sera 
pendereif Ascon. in Cic) or, as it is otherwise espressed, in tabulas 
Cariium; vel inter Cmrites reftrtbofU^ L e. jure suffhigii privabant ; 
GelL xvi. 13. SimA. v. p. 920. Mience QBrUe eer& digm^ worthless 
persons^ Horat. Ep. u 6. 63. 'But this Jast phrase does not often 
occur. Cieero and Livy ahnoat i^ays use jErariwn facere ; in vel 
inter mrariot referre. This mark of diqprace was also inflicted on 
a senator or an equts^ and was then always added to the mark of 
disgrace peculiar to their order ; thus, Cemoree Mamercum, qui fiie* 
rat dictator^ tribu moverunif octtplicatoque censu^ (i. e^, having madd 
the valuation of his estate ei^t timel^ more than it ought, that thus 
he mi^t be obliged to pay eq;fat times more tribute,) israrium/ece- 
runt^ liv. iv. fM. OmneSf qwe senatu moperfent^ quibusque equos 
ademeruntf ararioe fecerunt^ ei tribu moverunt^ xlii. 10. The censors 
themselves did not sometimes i^ree about their powers in this res- 
pect ; Claudius neoabat, St^agii iationem injussu populi censoretn 
cuiquam hotnini adeinere poeae, Jfeque enim ei tribu movere poeset^ 
quod eU nihil ediud quam miUare jubere tribum^ ideo omnibue v. it xxz. 
tribubus emotere posse : id estj doUaiem liberteUenique eripere^ non tdn 
censealur finire^ eed €e$wi escludere. Hoc inter ^os disceptataf ^Cs 
lir. :dv« i5. 



m ROMAlJf ANTIQUITIES. 

(^ The oenaors could inflict these masks of dragrace iip<m what evi- 
dence» and for what cause, they judged proper ; but, when they ex- 
pelled from the senate, they commonly annexed a reason to their 
censure, Ltv. xxxix. 42. which was called 8UBSCRIPTI0 CEN- 
SORIA, Cic* pro CluerU. 48. & 44. Sometimes an, appeal was made 
from their sentence to the peopl^Pluiarch* in 1\ Q. Flamin. 
:(Th6 censors not only could mnder one ancMher from inflicting 
any censure, {nt alter, dt stnatu moveri velii, alter retin^at ; vt alter 
in (Brarios referri^ aut tribu moveri jubeat^ alter vetet^ Cic ibid. 
Tres ejecti de senatu ; retinuit quosdam Lepidus a colltga prcBteritos^ 
JJy. xL 51.) but they might even- stigmatize one anotheiJ Liv, 
xxix. 37. y 

The dtizeps in the colonies and free towns were there enrolled 
by their own censors, according to the form prescribed by the Ro- 
man censors, (ex formula ab Romanu censoribus data,) and an ac- 
count of them was transmitted to Rome, Liv. xxix. !& So that the 
(»nate might see at one view the wealth and condition of the whole 
empirei ibid. 37. 

When the cepsors took an estimate of the fortunes of the citisens^ 
they were said, centum agfire vel habere } CEtistfiK populi dvitatef, 
aobolest familias^ ftcuniasque, Cic legg. iii. 3. Referre in ctnsun^ 
Liv. xxxix. 44. Flon i. 6. or» censui ascribere^ Tacit. Annal. xiii. 51. 
The citizens, when they gave in lo the censors an estiroata of their 
fortunes, &c.. were said CisNseRi modum .agri^ mandpia^ pecvnieSf 
&C sc. secundum vol quod ad, Cic. Flacc 32. s. 80. Projileri; in 
censum deferre vel dedicate^ Id. Arch. 4. Senec. Ep. 95. annos du 
ferre vel censeri : thus, CJL annos census est Claudix Casafis censurA 
T. FuUonius Bononiensis ; idqne coUatis censibus quos ante detulerat^ 
verum apparuit^ Plin. vii. 49« s. 50. Sometimes abo ceniere ; thus, 
Pradia censere^ to give in an estimate of one^s farms, Cic. Flacc. 32. 
lAv, xlv. 15. Pradia censui censendo^ sc. apla ; i. e. quorum cen- 
sus censeri, pretium csstimari ordmis et tribvti causapotest ; farms, 
of which one is the just proprietor, ibid* Hence censeri^ to be va- 
lued or esteemed, to be held m estimation ; Gc. Arch. 6. Vol. Max, 
V. a 3. Ovid. Am. ii. 15. 2, Stwtc. Ep. 76. Plin. Pan. 15. De quQ 
censeris^ amicus^ from whom or on whose account you are valued, 
Ovid. Pont. ii. 5. ult. Privaius illis CENSUS erat brevis, their 
private fortune was small, Horat. Od. ii 15. 13. exiguus, Ep. i. !• 
43. tenuis^ Id. 7. 76. Equestris^ v. .^er, the fortune of an Eques ; 
CCCC. millia numm^. 400,000 sestwces, Plin. Ep. 1. 19. StMh 
tortus, of a senator, Sue*. Vetp. 17. Homo sine centu, Cic^Flaoc 
52. Ex smsu trxbuia conferre. Id. Verr. ii. 63. Oultns. major censu, 
Herat. Sat. u. 3. 323. Dat census konores, Ovid. Amor. iii. 8. 66. 
Census partus per vulnera, a fortune procured in wai\ ibid. 9. De- 
mittere /xnsum m viscera, \. e. bona obligurire, to eat up, Id. Met, 
viii. 846. Romani census pcpuli^ the treasury, Lucan. iii. 157. fire- 
ves extenders census, to maka a small fortune go far, Martial, xii. 6. 

The censors divided the citizens into classes and centuiies, a&- 



CENSORS. IIT 

dording to their fortanes. They added new Irifaetf to the old, when 
it was necessary, Liv, x. 9. Epit. 19. They let the public lands and 
taxes, (see p« M.yand the r^uiationi which they prefl^ribed to the 
farmers-general (mancipibus v. publicanis) were called Leges Tel 
Tabutm Censori^Cic. Veil iii. 6. in Rail. i. 2. Poi^b, vi. 15. 
^he censors agreed with undertakers about building and repair- 

S\ the public works, such as temples, porttcW&c {opeps piilica 
ificanda et reficienda REDEMPTORIfiUS4&ui6on<;yWhich they 
examined when dmAed Jiprobaverunty i. e. recU et ex ordine facta 
esse pronwiciavenmt ;) And caused to be kept in good repair, {sarta 
iecta exigebani^ sc. e^) Liv. it. 23. xl. 51. xhi* 3. xly. 15. The 
expenses albwed by the public for executing these works, were 
called Ultrotributa, Im. xxxix. 44. xiiii. 16. Senec. Benef. iv. L 
Hence VUrotrUnUa locate^ to let them, or to promise a certain sum 
for executing them ; conducerej to undertake them, ibid* 
^The censors had the charge of paving the streets, and making the 
rablic roads, bridges, aquoducts, Ac. Liv, \x* 29. & 43. xli. 27. 
They likewise made contracts about furnishing the public sacri* 
fices, Plutarch, in Cat, and horses for the use of the cumle magis* 
trates, Ljo. xxiv. 18. Fest, in voc Eqdi Citrulcs ; also about feed- 
ing the geese which were kept in the capitol, in commemoration •of 
their having preserved it, when the dogs had failed to give the alarm, 
Cic. pro Rose. Am. 20. Plin. x. 22. s. 26. xxiic. 4. s. 14 

They took care that private persons should not occupy what be- 
longed to the public, Liv. iv. 8. And if any one refused to obey 
their sentence, they could fine him, and distrain his effect tilt he 
made payment, Liv. xliiL 16. 

The imposing of taxes is often ascribed to the censors ; but this 
was done by a decree of the senate and the order of the people ; 
without which the censors had not even the richt of laying out the 
public money, nor of letting the public lands, Liv. xxvii. 11. xl. 46. 
xli. 27. xliv. 16. Polyb. vi. 10. Hence the senate sometimes can- 
celled their leases, {hcationes inducebant^) when they disapproved 
of them, Id, xxxtx. 44. For the senate had the chief direction in all 
these matters, tbid. 

The censor bad no riffht to propose hws, to lay any thing before 
the senate or people, unless by means of the consul or prsstor, or a 
tri)>une of the commons, Plin. Hist. Jiai. xxxv. 17. Liv, loc, ciL 
/The power of the censors did not extend to public crimes, or to 
such things as came under the cognizance of the civil magistrate, 
and were punishable by law ; but only to matters of a private na« 
ture,and of less importance ^as, if one did not cultivate his ground 
properly, Oell. iv. 12. if an eques did not take proper care of his 
horse, which was called Incuria or Impolitia^ ibid, if one lived too 
k>ng unmarried, (the fine for which was called jes uxorium, Festus :) 
or contracted debt without cause, &c. Vater, Max. ii. 9. and partis 
euhriy, if any one had not behaved with sufficient bravery in war ; 
Liv. xxiv. 18. or was of dissolute morals, Cie. Cluent. 47. ; above 



N 



118 ROMAN ANTIQUITIES. 

all, if a peraon had violated his oath, Liv. ibid, et Gc. Off. in. 31. 
GeU. VH. la 

The accused were usually permitted to make their defence, (cau* 
sam dictrtf) liv. loc. cit. 

The sentence of the censors, (ANIMADVERSIO CENSORIA 
veljtuUcium censoris^) only affected the rank and character of per* 
sons. It was therefore properly called IGNOMINIA, {(/udd in no* 
mine iantumf i. e. dignitate versabatur,) and in later times had no 
other effect, than of putting a man to the blosh, {nihil fere damnato 
uferebai prmier rubor em^ Cic.) 

It was not fixed and unalterable, as the decision of a court of law, 
{nonpro re judicata habebatur ;) but might be either taken off by the 
next censors or rendered ineffectual by the verdict of a jury, or by 
the suffrages of the Roman people. <rhus we ftid C. Goeta, who 
had been extruded the senate by the censors, A. U. 639, the very 
next Iwirum himself made censr^r, Cic. pro Cluent. 4SL See p. 17. 
Sometimes the senate added force to the feeble sentence of the fen- 
^ sors, {intrti censorim uoia^) by their decree, which imposed an addi- 
tional punishment, Liv. xxiv. 18. 

The office of censor was once exercised by a dictator, liv. xxiii. 
iid. &c 23. After Sylla, the election of censors was intermitted for 
about 17 years, Ascon. in Cic. 

When the censors acted improperly, they might be brought to a 
trial ; as they sometimes were by a tribune of the commons, lAv. 
XXV. 43. xliil 15. 16. Nay, we find a tribune ordering a censor to 
be seized and led to prison, Id, ix. 34. and even to be thrown from 
the Tarpeian rock, Id. epit. 59. Plin. vil 44. s. 45. but both were 
|»evented by their colleagues, ibid. 43. s. 46. 
. Two things were peculiar to the censors. — 1. No one could be 
elected a second time to that office, according to the law of C. Mar- 
tius Rutilus, who refused a second censorship when conferred on 
him, hence surnamed CENSORINUS, Faler. Max. iv. 1.— 2. If 
one of the censors died, another was not substituted in his room ; but 
his surviving colleague was obliged to resign his office, Liv. xxiv. 
43. xxvii. 6. 

The death of a censor was esteemed ominous, because it had hap« 
pened that a censor died, and another was chosen in his place, in 
that lustrum in which Rome was taken by the Gauls, Liv. v. 31. 
vi. 27. 

The censors entered on their office immediately after their elec* 
tion. It was customary for them, when the comiiia were over, to 
sit down on their curule chairs in the Campus Martins, before the 
temple of Mars, Liv. xl. 45. Before they began to execute their 
office, they swore that they would do nothing through favour or ha- 
tred, but that they would act uprightly ; ami when they resigned 
their office, they swore that they had done so. Then gomg up to 
the treasury, (m erarttm ascendentes,) they left a list of Uiose whom 
they had made erant, Liv. xxix. 37, 



Ca39S(Hl8. 119 

A record of the prooeecRngs of the cenaors (memaria publica re* 
emsionisj iabulis publicis imprefta) was kept in the temple of the 
nymphs, Cic. pro ML 27. and is ako said to have been preserved 
with great care by their descendants* Dioni/s, L 74. 

One of the censors to whom it fell by lot, Varr. Lai, L. ▼. 9. af- 
ter the censuM was finished, offered a solemo sacrifice {Instrtmi coh' 
didit) in the Campus Martins. See p. 78. 

The power of the censors continued oniropaired to the tribuae- 
riiip of Clodhia, A. U. 695. who got a law paissed, ordering tluit no 
aenator should be degraded by the censors, unless be had been fi>iv 
mally accused and condemiied by both censors, Dio. xxxviii. 13. 
but this law was abrogated, and the powers of the censorship re- 
stored soon after by Q. Metellus Sctpio, A. U. 702. Abcmi* in Cic. 
Dio.xlbl. 

Under the emperors the oSce of censor was abolished : but the 
chief duties of it were exercised by the emperors themselves, or by 
other m^strates. 

Julius CIsssar made a review of the people {reeennan poptdi egiQ 
after a new manner, in the several streets, by means of the propria* 
tors of the houses, (vkatim per dominos wsutarumt) Suet Jul. 4L 
But this was not a review of the whole Roman people, but only of 
the poorer sort, who received a monthly ^tuity of com fram the 
public^ arid, which used to be given them in former times^ first at a 
low price, Liv. iL 34. and afterwards by the law of Clodius, for 
nought, Cie. pro Sext, 35^ Ascon^m Cic. 

Julius Csesar was appointed by the senate to inspect the morals 
of the citizens for three years, Dio, xliii. 14. under the title of 
PILEFECTUS MORUM vel mdribus. Suet. Jul. 7& Cic Fam. is. 
15. afterwards for life, under the title of censor, Dio^ xliv. 5. A 
power similar to this seems to have been conferred on Pompey in 
his third consulship, (corrigendis moribus deltctus.) Tacit Ann. ii. 
28. 

Augustus thrice made a review of the people ; the first and last 
lime with a colleague, and the second time alone, Suet Aug. 37. 

He was invested by the senate with the same censorian power as 
Julius CsBsar, repeatedly for five years, according to Dio Cassias, 
liii. !?• liv. 2. 10. & 30. according to Suetoniusfor fife, {reeepit €t 
morwn tegumque regimen perpttuum^) Suet Aug. 27. under tne ti* 
tie of MA61ST£R MORUM, Fast Cons. Hence Horace, EpiiL 
ii. 1. 

Cam foC suslineas, ae tanta negotia 90hti, 
iZet fto/of armis /titerif , moribai onuf, 

Augustus, however, declined the title of censor. Suet 37. although 
is so called by Macrobius, Sat ii. 4. and Ovid says of him, eic 
agihur cBNSoaA, See. Fast. vi. 647. Some of the succeeding empe* 
rors assumed this title^ particuleur^ those of the Flavian family, but 



12D ROMAN ANTIQUITIES. 

most of them rejected it, as Trajan, Plin. Paneg* 45. after whom 
we rarely find it mentioned, Dio. liii. 18. 

Tiberias thought the censorship unfit for his time, {non id ttmpUM 
censurce,) Tacit. Ann. ii. 33. It was therefore mtermitted during 
bis government ; as it was likewise during that of his successor. 

A review of the people was made by Claudius and L. Yitelliuff, 
the father of the emperor A. Vitellius, A. U. 800, Suet, Claud. Id. 
Ftf. 2. by Vespasian and Titus ; A. U. 827. Suet. Vtsp. 8. Tit. 6. 
but never after. Censorinus dt die nat. 18. says, that this review 
was made only seventy-five times during 650, or rathdr 630 yean, 
from its first institution under Servius- to the time oi Vespasian ; af- 
ter which it was totally discontinued, ibid. 

Decius endeavoured to restore the censorship in the person of 
Valerian, but without eflfect The corrupt morals of Rome at that 
period could not bear such a magistrate. TrtMl. Pollio. in Valer. 

IV. TRIBUNES of the People. 

The plebeians, being oppressed by the patrimns on accoiint of 
debt, Ldv. ii. 33, dec at the instigation of one Siciniiis, made a so- 
cession, to a mountain, afterwards called Mom Socer^ three miles 
from Rome ; A. U. 260, ibid. 32. nor could they be prevailed on to 
return, till they obtained fi^m the patricians a remission of debts 
for those who were iniolveotY and liberty to such as had been given 
up to serve then* creditors ; and likewise that the plebeians should 
have proper magistrates of their own to protect their richts, whose 
persons should be sacred and inviolable, (8acrosancii,)L\y. iii. 33. 
& 55. Dionys. vL 89. They were called TRIBUNES, according 
to Varro, de Ling. ImL I. iv. 14. because they were at first created 
from the tribunes of the soldiers. 

Two tribunes were at first created, Cic. pro Com. 1. at the as* 
sembly, by curia, who, according to Livy, created three colleagues 
to themselves, ii. 33. In the year 283, they were first elected at 
the Comitia Tributa^ c. 58. and A. U. 297. ten tribunes were cre- 
ated ; Liv. iii. 30. two out of each class, which number continued 
ever after. 

No patrician could be made tribune, unless first adopted into a 
plebeian family, as was the case with Clodius, the enemy of Cicero, 
pro Dom. 16. Suet. Jul. 20. At one time, however, we find two 
patricians of consular dignity elected tribunes ; Liv. iii. 65. And 
no one could be made tribune or plebeian sedile, whose father bad 
borne a cnrule office, and was alive, Liv. xxx. 19. nor whose father 
was a captive, xxviii. 21. 

The tribunes were at first chosen indiscriminately from the ple- 
beians ; but it was ordained by the Jttinian law, some think A. U. 
623, that no one should be made tribune who was not a senator, 
GelL xiv. 8. SutU Aug. 10. And we read, that when there were 
no senatorian candidates, on account of the powers of that oflSce 
diminished, Augustus chose them fiom the £9ta<e«, Suet Aiig. 



TIUBUIfES. 191 

40. Dio. liv. S6. 30. But x>ther8 think, that the Atinian law only 
ordained, that those who were made tribunes should of course be 
fenators, and did not prescribe any restriction concerning their elec- 
tion. See Manuiins dt Itgg, It is certain, however, that under the 
emperors, no one but a senator had a right to stand candidate for 
the tribuneship, {his tribunalus petendi^) l^lin. Ep. ii. 9. 

One of the triounes, chosen by lot, presided at the comitia for 
electing tribunes, Lix. iii. 64. which charge was called sors comitu 
orum, ibid. After the abdication of the dexemviri, when there were 
no tribunes, the Ponlifex Maiimus presided at their election, c. 54. 
If the assembly, was broken up, {si comitia dirempta essent,) before 
the ten tribunes were elected, those who were created might choose 
{coopiare) colleague? for themselves to complete the number, c,65* 
But a law was immediately passed by one Trebonius to prevent thif 
for the future, which enacted, *' that he who presided should con* 
tinue the comitia, and recall the tribes to give their votes, till tei| 
were elected," ibid. 

The tribunes always entered on their office the 10th of Decern* 
ber, {ante diem quartum Idyts Decembrii,) because the first tribunes 
were elected on that day, Liv. 52. Dionys. vi. 89. In the time of 
Cicero, however, Asconius says, it was on the 5th {norUs Dtcetnbr%9\ 
in prosem. Verr. 10. But this seems not to have been so ; for d* 
cero himself on that day calls Cato irihunus designatus, pro Sezt. 
28. 

The tribunes wore no io^a ptaiexla, nor had they any external 
mark of dignity, except a kind of beadle, called viator^ who went 
before them. It is thought they were not allowed to use a carriage 
Cic, Phil, ii. 24. Plut. Qitmst. Rom. 81. When they administered 
justice, they had no tribunal, but sat on subsellia or benches, Ascon^ 
in Cic. They had, however, on all occasions, a right of preceden* 
cy 1 and every body was obliged to rise in their presence, Plin, Ep» 
1.23. 

The power of the tribunes at first was very limited. It consisted 
in hindering, not in acting, Dionyn. vii. 17. and was expressed by 
ibe word VETO, I forbid it. They had only the right of seizings 
but not of summoning; {prehensionem, sed non voccUionetn habebanif) 
CSeli. xiii. 12. Their office was only to assist the plebeians against 
the patricians and magistrates; {Auxilii, rumpana jus datum illi 
potestati^) Liv. ii. 35. vi. 37, Hence they were said, esse privati, 
iine imperio, sine magislratu^ ii. 56. not being dignified with the 
same of magistrates, Plutarch, in CorioL ft Quasi. Kom. 81. as they 
were afterwards, Liv. iv. 2. Sail. Juff. 37. They were not even 
^lovred to enter the^ senate. See p. 26. 

But in process of time they increased their influence to such a 
degree, that urtder pretext of defending the rights of the people^ 
Aey did almost whatever they pleased. They hindered the collec- 
tion of tribi^t8> lAv. v. 12. the enlisting cf aoldiersi iv. 1. and th^ 
fr^aCion of magistrates, which tbmr dm at one time for five yean, 



Ua ROMAN ANTIQUITIES. 

Iav, vu 35. They could put a negative {intercedere) upon all the 
decrees of the senate and ordinances of the people ; Cic. pro Mil. 
6. Liv. xlv. 31. Polyb, vi. 14, and a single tribune by his VETO, 
could stop the proceedings of all the other magistrates, which Ceesar 
calls extremvm jus iribunorunif de Bell, Civ. i. 4. Li v. ii. 44. iv. 6* 
& 48. vi. 35. Such was the force of this word, tliat whoever did 
not obey it, whether magistrate or private person, was immediately 
ordered to be led to prison by a viator ; or a day was appointed for 
jdis trial before the people ; as a violater of the sacred power of the 
tribunes, the exercise of which it was a crime to restrain, (m ordinem 
cogere^) Plin. Ep. i. 23. Liv. xxv. 3. 4 Plutarch, in Mario. They 
first began with bringing the chief of the patricians to their trial be* 
fore the Comitia Tributa ; as they did Coriolanus, Dum/s. vii. 65. 

If any one hurt a tribune in word or deed, be was held aceursed, 
{sacer^) and his goods were confiscated, Liv. iii. 55. Dionys. vi. 89. 
vii. 17. Under the sanction of this law, they carried their power 
to an extravagant height. They claimed a right to prevent oonsub 
from setting out to their provinces ; Plutarch, in Crass. Dio^ xxxix. 
39. and even to pull victorious generals from their triumphal cha- 
riots, Cic. pro CcbL 14. They stopped the course of justice by iwt- 
ting off trials, Liv. iii. 25. Cic. Phil. ii. 2. in Vatin. 14. and nin* 
derin^ the execution of a sentence ; Cic. de prov. cons. 8. LiVk 
xxxviii. 60. They sometimes ordered the mihtary tribunes, and 
even the consuls themselves, to prison^ Liv. iv, 26. v. 9. Epit. 48. 
55. Cic, in Vatin. 9. &l 10. Dio, xxxvii. 50. (as the Ephori at La- 
cedseraon did their kings, Xtp. in Paus. 3. whom the tribunes at 
Borne resembled^ Cic. de Legg. iii. 7. & 9.) Hence ii was said. 
Datum sub jugum tribunitios potesiatis con^ulaium fuisse^ Liv. iv. 26. 

The tribunes usually did not give their negative to a law, till 
leave had been granted to speak for and against it, Liv. xlv. 21. 
( The only effectual method of resisting the power of the lribuBes« 
was to procure one or more of their number, (e collegio tribunorum^ 
to put a negative on the proceedings of the rest, Liv. ii. 44. iv. 48. 
vi. 35. but those, who did so, might afterwards be broi]^bt to trial 
before the people by their colIeagues^'Lir. v. 29. 

Sometimes a tribune was prevailect on by entreaties or threats, to 
withdraw his negative, {iniercessiane desisiere^) or he demanded 
time to consider it, {noctem sibi ad deliberandum postulavit ; st poi* 
ttro die moram nullapi esse faclurumy) Cic pro SexL 34. Attic, iv. 
2. FanL viii. 8, or the consuls were armed with dictatorial power to 
oppose him, Cces. de Bell. Civ. i. 5. Cic. PkiL ii. 21. * 22. (see 
p. 31.) from the terror of which, M . Antooius and Q. Cs^us Loo- 
ginus, tribunes of the commons, together with Curio aqd C<Bliua» 
led from the city to Csesar into Gaul ; and afforded him a pretext 
for crossing the river Rubicon, which was the boundary of his pro- 
vince, and of leading his army to Rome, Aid. Dio. xli. 3. Appian. 
BfilL Civil, ii. p. 448. Plutarch, in Cas. p. 727. Lucan. i. 273. 
/' We also find the senate exercising a right »f limiting Uie power 



TttlBUNES. l» 

•f the tribunes, iwhich was called CIRCUMSCRIPTIO^te. Ati. 
▼n. 9. pro Mil, 33. Ge5. de Ball. Civ. i. 3S. and of removing them 
from their office, (a republicA removendi, i. e. curia ttforo inttrdictn^ 
di,) Cms. de Bell. Civ. iii. 21. Suet. Jul. 16. as they did like^^ise 
ether magistrates, Md. fy Cic. Phil. xiii. 9. On one occasion the 
senate even sent a tribune to prison, Dio. xl. 45. but this happened 
at a time when all order was violated, ibid. 46. 

The tribuneshfp was suspended when the decemviri were created* 
Liv. iii. 32. but not when a dictator was appointed, vi. 38. 

( The power of the tribimes veas confined to the city, Dioni/s. viii. 
9T. and a mile around it \){nequt enim provocationem esse longius ah 
ifr6e mille passuum,) lAv. iii. 20. unless when they were sent any 
where by the senate and people ; and then they might, in any part 
of the empire, seize even a proconsul at the head of his army, and 
bj;inff him to Rome, {jure sacrosanctfz potestatis,) Liv. xxix. 20. 
^ The tribunes were not allowed to remain all night {pemoctare) in 
uie country, nor to be above one whole day out of town, /except 
during the Ferim LatincB^ Dionys. viii. 87. and their doors were open 
day and night, that they might be always ready to receive the re- 
quests and complaints of the wretched, Gell. iii. 2. xiii. 12. Macrob. 
Sat. i. 3. 

The tribunes were addressed by the name, Tribuni. Those 
who implored their assistance, {eos appellabant^ vel auxiliwn implora^ 
bantf) said A vobis, Tribuni, po^tulo, ut mihi auxilio sitis. 
The tribunes answered, Auxilio erimus, vel non £rimu8, Liv. iv. 
96p xxviii. 45. 

(When a law was to be passed, or a decree of the senate to be 
made, after the tribunes had consulted together, {cum in consilium. 
secessissentj) one of their number declared, (ex sua collegarumque 
senierUia vel pro coUegto pronunciapoit,) Se interckdere, vel non 

INTBRCEDERB, <iut MORAM FACERS COmitHs^ deUctld^ &C. AlsO, SB 

HON PASSURos legem ferri vel abrogari ; relationemfieri^de, &c. 
Pronuntiant placere, &c. This was called DECRETVM/tribunO' 
ftmh Liv. iii. 13. ^ alibi passim. Thus ; Medio decreto '^Jus auxilH 
tui expediunty exert their right of intercession by a moderate de- 
qpee, ib. 

\ Sometimes the tribunes sat iki judgment, and what they decreed 
was called their EDICTUM/or decretum, Cic Verr. ii. 41. If 
any one differed from the rest, he likewise pronounced his decree ; 
thus, 716. Gracchus ita dccrevit: Quo minus ex bonis I^ Scifionis 

QUOD JODICATUM SIT, REDIOATUR, SE NON INTERCEDERE PRJB- 

TO&i. Li ScipioREK iroN PASSURUM in carcere bt in vincu- 
LIS BS8K, MiTTi^E EUM SE JUBERE, Iav. xxxviii. 60. 

^Tho tribunes early assumed the right of holding the comitia by 
tnbes, and of making laws (PLEBI8CITA), which bound the whole 
Roman people, Liv. iii. 10. & 55. (See p. 92.) They also exer- 
eiaed the power of holding the senate, A. U. 298. Dionys. x. 31. 
Cic. de Legg. liL 10, of dismissing it, when assembled by another, 



m ROMAN ANTIQUITIES. 

Appknu JU BmII Civ. u. and of mekiDg a motioit» aithoDgh tho eoiw 
nils were present. Civ, PAiY. vii, J, pro SexL 11. They likewias 
•ometimes hindered the censors in the choice of the senate, JDio. 
'xxxvii. 9. 
\ The tribunes often assembled the people merely to make ha«> 
rangues to tbeny (fonn'oncw advocabant vel popuhm ad concionem^ 
Gsll. xii. 14.^ By the ICILIAN law, it was forbidden, under the 
•everest penalties, to interrupt a tribune while speaking, Dionys, 
vii. 17. Cic»pro Seoct. 37. and no one was allowed to^peak in th6 
assemblies sujnmoned by them, without their permission ^ Hence 
^ncionem dare^ to grant leave to speak,; Cic. Jlll. iv. 2. m cortcionem 
tticendere^ to mount the rostra, ihidf toncionem habere^ to make a 
■peech, or to hold an assembly for speaking^ and so, in concionetn 
venire, Cic. pro Sext. 40. in concionetn vocare, & in condone stare ; 
Id. Acad. iv. 47/but to hold an assembly for voting about any thing, 
was, habere comhia^/fel AGERE curnpopulo^ G^II. xiii. 15. 

The tribunes limited the time of speaking even to the consnli 
themselves, Cic. pro RaJbir. 3. and sometimes would not permit them 
to speak at all. (See p. 103.) They could bring any one before 
the assembly, {ad concionem vel in condone producerei) and force 
them to answer what questions were put to them, Cic. in Vatin. 10« 
JHs. 6. & 7. post, red, in Svn, 6. Bio. xxxviii. 16. 

By these harangues, the tribunes often inflamed the populace 
ej^ainst the nobility, and prevailed on them ^o pass the most pemi* 
cious laws. 

^The laws, which excited the greatest contentions, were about di- 
viding the public lands to the poorer citizens, r LEGES AGRA* 
RJ^vJLiv, 11. 41. iv. 48. vi. IL Cic. in /^///. --/a bout the distribu* 
tionoi corn at a low price, or for naught, {Leges FRVMENTAKIJ^ 
vel annonaricB }) Liv. Epit. Ix. IxxL Cic ad Herenn. i. 12. pro 
- 6ext. 25. Ascon. in Cic.-4-and about the diminution of interest, (cie 
Uvando fanore,) and the abolition of debts, either in whole or in 
part, (dc. novis tabules ;^leges FOENEBRESJ Lir. vi, 27. <fr 35. 
vii. 16. <Jr 42. XXXV. 7. Paterc. ii. 23. See p. 49. 

But these popular laws were usually joined by the tribunes with 
others respecting the aggrandizement of themselves and their order» 
Iav. vi. 35. <{r 39. and wlien the latter were wanted, the former 
were often dropped, c. 42. At last, howeverJafter great struggles, 
the tribunes laid open the way for plebeians to all the offices of the 
state.y 

The government of Rome was now brought to its just equilibrium. 
There was no obstruction to merit, and the most deserving wom 
promoted. The republic was managed for several ages with quiet 
and moderation, (piacidi modisttfpift.) But when wealth and luxu- 
ry were introduced, and avarice had seized all ranks, especially after 
the destruction of Carthage, Ahe more wealthy plebeians joined the 
petridansy and they in conjunction engrossed all the honours and 
einolumentfl of the state?) The t)ody of the people were oppressed ; 



TftlBUNESw i95 

i&d the tribunes, either overawed or gained, did not exert their in- 
Ifueoce to prevent it ; or rather perhaps their mterposition \?as dis« 
ttgBLTdedJSallust.Jug. 41. 

(At last Tiberius and Caius Gracchus, the grandsons of the great 
Scipto Africanus by his daughter Cornelia, bravely undertook to as- 
sert the liberties of the people, and to check the oppression of the 
nobility) ^ut proceeding with too great ardour, and not being suffi- 
ciently supported by the multitude, they fell a sacrifice to the rage of 
their enemies.^ Tiberius, while tribune, was slain in the capitol, 
by the nobilit^with his cousin Scipio Nasica, Ponlifex Maximus^ai 
their head ; A. U. 620. Appian. da Bell. Civ. I 359. Cic. Cat. I h 
and Caius, a few years after, perished by means of the consul Opi- 
mius, who slaughtered a great number of the plebeians, Sallust. Jug, 
16. &; 42. This was the first civil blood shed at Rome, which af- 
terwards at different times deluged the state, Jlppiaru ibid. \. 349. 
Veil. u. 3. From this period, when arms and violence began to be 
used with impunity in the legislative assemblies, and laws enacted ' 
by force to be held as valid, we date the commencement of the ruin 
of Roman libertv. 

The fate of the Gracchi discouraged others from espousing the 
cause of the people. In consequence of which, the power of the 
Jiobles was increased, and the wretched plebeians were more op- 
pressed than ever, Sallmt. Jug. 31. 

f But in the Jugurthiite war, when, by the infamous corruption of 
the nobility, the republic had been basely betrayed, the plebeians, 
animated by the bold eloquence of the tribune Memmius, regained 
the ascendency^ Ibid. 40. 65. 73. ^ 84. The contest betwixt the 
two orders was renewed ; but the people being misled and abused 
by their fayourite, the faithless and ambitious Marius, Dio. fragment. * 
zxxiv. 64ithe nobility again prevailed under the conduct of Syll^;^* 

f 9ylla abridged, and in a manner extinguished, the power of the 
tribunes, by enacting, "That whoever had been tribune, should 
Dot afterwards enjoy any other magistracy ; .that there should be no 
appeal to the tribunes ; that they should not be allowed to assemble 
the people, and make harangues to them, nor propose laws,^' Lt>. 
£/?{/. 89. Appian. £. Civ. i. 413. but should only retain the right of 
intercessionJ C(z$, de Bell. Civ. i. 6. {injuria facienda pottsiattm 
ademitf au^lUjferendi reliquit,) which Cicero greatly approves, Cic. 

(But after the death of Sylla, the power of the tribunes was re- 
Btored./ In the consulship of Cotta, A. U. 670, they obtained the 
TOht of enjoying other offices, jlscon. in Cic. and in the consulship 
of Pompey and Crassus, A. U. 683. all their former powers ; SalL 
Cat. 38. Cic» in Verr. i, 15. de Legg> iii. 11. a thing which Ciesar 
strenuously proitioted. Suet. Jul. 5. 

/The tribes henceforth were employed by the leading inen as^the 
look of their ambition. Backed by a hired mob, (a conducta plebe 
•IfKiri,) they determined every thing by force. They made and ab- 



195 ROMAN ANTIQUITIES. 

jogated laws at pleasure, Cic. in Pis. 4. pro SasL 25. They dis- 
posed of the public lands and taxes as they thought proper, and 
conferred provinces and commands on those who purchased them 
at the highest price, Cie, pro Sext. 6. 10. 24. 26. d^c. pro Dom. 8. 
& 20. The assemblies of the people were converted into scenes of 
violence and massacre ; and the most daring always prevailed^ic. 
jiro Sexi. 35. 36. 37. 38. ire. Diu. xxxix. 7. 8. ^c. ^ 

\ Julius Caesar, who had been the principal cause of these excesses, 
and had made the violation of the power of the tribunes, a pretext 
for making war on his country ; (see p. 122.) having at last become 
master of the republic by force of arms, reduced that power, by 
which he had been raised, to a mere name ; and deprived the tri- 
bunes of their office (p^iesiate privavit) at pleasure, Sutt. Jul. 79. 
Dio. xliv. 10. Veil. ii. 68. 

/Augustus got the tribunitian power to be conferred on himself for 
me, by a decree of the senate, Dio. li. 19. the exercise of it by pro- 
per magistrates, as formerly, being inconsistent with an absolute mo- 
narch, which that artful usurper established, Srut. Avg. 27. Tacit. 
Arm. ill. 56. This power gave him the right of holding the senate, 
Dio. liv. 3. (see p. 23.) of assembling the people, and of being ap- 
pealed to in all cases, Dio. Ii. 19. It also rendered his person sacred 
and inviolable ; so that it becanie a capital crime {crimen MAJES* 
TATIS) to injure him in word or deed, Dio. Uii. 17. which, under 
the succeeding emperors, served as a pretext for cutting off numbers 
of the first men in the state, and proved one of the chief supports of 
tyranny^ ( AD JUMENTA REjBNI,) Tacit. Annal. iii. 38, Suet. Tib. 
58. & ol. J/er. 35. Hence this among other powers used to be 
conferred on the Emperors in the beginning of tlieir reign, or upon 
other solemn occasions ; and then they were said to be Tribunitia 

S testate donatio Capitol, in M. Anton. — ^Vopisc. in Tacit, (see p. 33.) 
ence also, the years of their government were called the years of 
their tribunitian power, Dio. liii. 17. which are found often marked 
on ancient coins ; computed not from the first of January, nor from 
Ae 10th of December, (iv. Id. Dec.) the day on which the tribunes 
entered on their office ; but from the day on which they assumed 
the empire. 

The tribunes, however, still continued to be elected, although they 
retained only the shadow of their former power, {inanem umbram et 
snu honore nomenf) Plin. Ep. i. 23. Paneg. 10. & 95. Tacit. 1. 77. 
xiiL 28/and seem to have remained to the time of Constantine» who 
abolished this with other ancient officesJ 

V. ^DILES. 

The Mdiles^ were named from their care of the buUdings> (a cum 
isdium.) 

/ The i£diles were either plebeian or curule. 
/ Two iEDlLES PLEBElI were first created, A. U. 260, in tho 
/ Comiiiia Curiata, at the same time with the tribunes of the common^ 



JBDILES. lar 

to be 08 it were tb^ amslants, and to determine eegtaim teiser 
osnaes, which the tribunes committed to them, Dionyt. li 9(k 
They were afterwards created, as the other inferior magiatrateB, al 
^thtComkia TribuicuJ 
TTwo ^DILES CURULES were created from the patriciant, 
A. U. 387, to perform certain public games, Liv, vi. 42. They 
were first chosen alternately from the patricians and plebeians^ but 
afterwards, promiscuously from bothJ.Ltv. vii* 1. at the Comitm 
mbuLa, GelL vi. 9. ' 

\The curule aediles wore the toga pratexta, had the right of ima« 
ges, and a more honourable place of giving their opinion in the se* 
nate^ Ck. Virr, v. 14. They used the sella euruhs^ when they ad« 
.ministered justice, whence they had their nam^, ib. Whereas tba 
pl^>etan sdiles sat on benches, Ascon, m Gc* but they were invio- 
late, (8ACR08ANCTI,} as the tribunea^esfu^. lAv. iii. S6i 

fThe office of the aediles was to take cara of the city, Ctc. die Liggm 
ni. 3^ its fNiblic buildings, temples, theatres, baths, bcuiUcut^ porticoa^ 
aqueducts, common sewers, public roads ; &c. especially whea 
tbisre were no censors : alao of private buildings, lest they shouU 
jbecome ruinous, and deform the city, or occasion danger to-passen- 
ger& They likewise took care of provmions, mariLets, taverns, dee. 
They inspected those things which were exposed to sale in the Fo* 
ram ; and if they were not good, they caused them to be throws 
ttto the Tiber, Plavi* RudL ii. 3. 42. lliey brcAe unjust weiffhts and 
measures, Juvenal, x. 101. They limited the expenses of funerals^ 
Cic. Phil. ix. 7. Chid. Fast. vL 663. They restrained the avarice 
of usurers, Liv. x. 37. They fined or banished women of bad cha* 
meter, after being condemned by the senate or people, Tacii. Ann. 
m. 83* Liv. x« 31. xxv. 3. They took care that no new gods or re« 
Ngbus ceremonies were introduced, Lv9. iv. 30. They punished not 
only petulant actions, but even wordsj6«//. x. 6. 

'The sdiles took cognizance of these things, proposed edicts con* 
€9erning them, Ploui. Capt. iv. 2. v. 43. and fined delinquents. 

The SBdiles had neither the right of summoning nor of seizing, un- 
Idas by the order of the tribunes ; nor did they use lictors or viaio^ 
r«^y bat only publia slaves. QelL xiii. 12. They might even be 
SHBd at IhWf {in/fus vocort,) by a private person, ibid. l£ /It belong* 
ed' to the sediles^ particularly the cumle cediles, to exhibit pubKo 80« 
lemn games/Z4v. xxiv. 43. xxvii, 6« which they sometimes did at a 
prod^oQs expense, to pave the way for future preferments, Cic. 
Off. u. 16. They examined the plays which were to be brought on 
the stage, and rewarded or punished the actors as they deserved, 
Pima. Trim. iv. 2. 148. CiH. EpU. 3. They were bound by oath 
to give the|>alm to Ae most deserving, Id. Ampkii. Prol. 72. Agrip* 
pa» when flsdiie under Augustus, banished all jugglers {pr<Ktigiatort8) 
and astrologers^iXo. xlix. 43. 

%b was peedBariy the office of the plebeian aadiles to keep the de* 
mea of the aenate, and the orrijaancesof the people, in the temple 
of Ceres, and afterwards in the treasury, iLtr. lii. 55. 



m ROMAN ANTIQUrnES. 




Jufitts Csiar added two other sdiles, called CEREALE8, (m 
Cerert^) to inspect the public stores of corn and other provisioni^ 
Suet. Jul. 41. Dio. xliii. 51. -^ 

The free towns also had their sdiies, Juv, nu 179. where some- 
times they were the only magistrates, as at Arpinum, Cic JFknu 
xiit. 11. 

The sediles seem to have continued, but with some variations, to 
the time of Constantine. 

VL QUiESTORS. 

/^HZ Quasstors were so called, (a guarendo^) because they got in 
the public revenues,) (/mi/tcas pecunias con/juirebant^) Varro ae L. 
X^ iv. 14 

I The institution jof quflestors seems to have been nearly as ancient 
as the city itselLf They were first appointed by the kings, accord- 
ing to Tacitus, AnnaL xi. 22. And then by the consuls, to the year 
307, when they began to be elected by the people, at the Comilia 
Tributa^ Cic. Fam. vi. 30. Others say, that two qusBstors were 
created by the people from among the patricians, soon after the ex* 
pulsion of Tarquin, to take cure of the treasury, according to a law 
passed by Valerius Popiicola, Plutarch, in Poplic, Dionys. v. 34. 

\ In the year 333, besides the two city qusestors, two others were 
created to attend the consuls in wa^n^ consulibus ad minisleria beU 
Hprmato tsstnt ;) and from this time the qusestors might be chosea 
indifferently from the plebeians and patricians, Liv. iv. 43. After 
all Italy was subdued, four more were added, A. U. 498. about the 
same time that the coining of silver was first introduced at Home^ 
Jav, Epii. xv.^Syila increased their number to SO/ (suppiendo stnm* 
tM, cwn judicia iradiderat,) Tacit. Ann. xi. 23. f and Julius Caesar to 
40J^Dion. xliii. 47. | Under the Emperors their number was uncer- 
tain and arbitrary. ( 

/Two qutestors onlv remained at Rome, and were called QUiES- 
TORES URBANI ; the rest, PROVINCIALES or MIUTARE8/ 

/The principal charge of the city quaestors was the care of the 
treasury, which was keptjn the temple of Satun]|/l3ii«/. C/otidL 34. 
PluU Qum^^t. Rom. 40. 'They received and expended the public 
money, and entered an account of their receipts and disbursements^ 
(m tabulas accepli ei expensi referebant^) Ascun. in Cic They ex» 
acted the fines imposed by the public, Liv. xxxviii. 60. Tbai. Ann, 
xiii. 28. The money thus raised was called AR6ENTUM MUL* 
TATITIUM^ £ir. XXX. 39. 

\ The qusBslors kept the military standards in the treasury, (which 
were generally of silver, Plin. xxxiii. 3. s. 19. sometimes of gold, 
for the Romans did not use colours, (non vtlis tUebaniur;) and 
brought them out to the consuls when going upon an expedition,'Iio. 
ill. w. iv. 22. vii. 23. They entertained foreign ambasndorst 
provided them with lodgings, and delivered to them the pmsents of 
tlie pofafict Faler. Ma». v. 1. They took caie of the fiuierals of 



QUJESTORS. IS» 

who were buried at the public expense, as Menenius Agrip- 
jM, Dionys. vi. ^n. Sulpicius, Ctc. Phit. ix. 7. They exercised a 
certain jurisdiction, especially among their clerksJ ;P/u/. m Cak 
Mm. / 

CoiDinanders returning from war, before they coold obtain a tri^ 
wnph, were obliged to swear before the qusDstors, that they had 
written to the senate a true account of the number of the enemy 
they had siaio, and of the citizens that were missing, VaUr^ JUax» 
ii. 8. 

I The provinces of the quaestors were annually distributed to them ' 
by lot JCic. pro Mifr^ 8. after the senate had determined into what 
province quaestors ^ould be sent. Whence SORS is often put for 
the office or appointment of a quasstor, Cic Vert, u 15, Otdl, 14k 
Jlsm* ii. 19. as of other magistrates, /d Vtrr. Act. i. 8. Plane. 27. 
lav. xxKv. 6. and public officers* Ctc. Cat. iv. 7. or for the cond^ 
tion of anyone, norat. Sat. i. L Ep. i. I4» II. Sutu Avg, 19. , 
Sometimes a certain province was given to a particular quiestor bjr 
.the senate or people, Liv. xxx. 33. But Pompey chose Cassius aa 
his quaestor, and Caesar chose Antony, of themselves^ (me sorUt) 
Cic. Att. vl 6. Ctc Phil. ii. 20. 

f Tho office of the provincial quaestors was to attend the consuls or 
praetors into their provinces ; to talce care that provisions and pay 
were furnished to the army ; to keep the money deposited by tlie 
soldiers; (nummae ad signa depositos^) Suet. Dom. 8. Veget. ii. 20. 
to exact the taxes and tribute of the empire ; CVc. in Verr. i. 14« 4( 
^. to take care 'of the money, and to sell the spoils taken in wars 
Liv. V. 25. XXVI. 47. P/aw/. Baech. iv. 9. v. 153. Polyh.x. 19. U> 
return an account of every thipg to the treasury ; and to exercise 
the jurisdicHon assigned them by their governors, Cic. Divin^ in Cm* 
ciL 17. Sutt. Jul, 7« When the governor left tiie province, the 
quaestor usually supplied his place/ Ctc. adFam^ ii. 15. & 18. 

There subsisted the closest (Annexion between a proconsul or 
propraetor and his quaestor, (m parentum loco quastoribus $ui$ 
era/i/f) Cic. pro Plane. II. Divinat. in CsBeil. 19. ad Fam. xiii. 10« 
26. PKn. £p. iv. 15. If a quaestor died, another was appointed by 
the governor in his room, called PROQUiESTORt Cic, in V^rr. u 
1& S& 38. 

/ The place in the camp where the quasstor^s tent was, and whess 
be kept bis stores, was called QUiESTORlUM, or Quastoriumfi^ 
rantf Liv. x« 32. xli. 2. so also the place in the province where be 
kept his accounts and transacted busine6syX7}c. pro Plane* 41, 

The city quaestors had neither lictors nor viatorta^ because they 
had not the power of summoning or apprehending, OtlL xiii. 19L 
and might be prosecuted by a private person before the pr8etor»i6idL 
13. Suei. JuL 23^ They could, however, hold the Comitia ; and 
it geems to have been a part of their office in ancient times to pro»» 
aute those gpilty of treason, and ponish them wiien coiKleined^ Dh 
^•M^^Tiii. 7X Lt». iL 4L iii^ 24* 35. 

17 



iM ROMAN ANTIQUmES. 

-^The provincial qusestora were aUended by lictors, at least in the 
tibsence of the prseior, ^ Cic. pro Plane. 41. and by clerks, Cic. m 
Verr. iii. 78. 

\The qusestorship was the first step of preferment, {primm gradm 
twnorus^) Cic in Verr. i. 4. which gave one admission into the sen- 
ate, Cic. (see p. 16.) when he was said adire ad rempubiicayn^ Cic. or 
tm^ublicam capesBtre, Ye), ii. 94. It was, however, sometimes heM 
by those who had been cons^xls jDionys, x. 23. Liv. iii. 25. 

( Under the emperors the quse&torship underwent various cliangea. 
A di^inction was introduced between the treasury of the public 
(i£RARIUM) and the treasury of the prince, (FISCUS) SueL Jlug, 
102. Tacit. Annal. vi. 2. Piin. Pan. 30. Dio. liti. 16. and diflerent 
-officers were appointed for the management of eaciv/ 
' Augustus took from the queestors the charge of the treasury, and 
'gave it to the prsetors, or to those who had been prffitors ; SufU 
Aug. 36. Tacit. Ann. xiii. 28. Dio. liii. 2. but Claudius restored it 
^to the quiBStors, Suet. Claud. 24. Afterwards prefects of the trea- 
sury seem to have been appointed, Plin. Epist. iii. 4. Tatit. Annal. 
till 28. d& 29. 

Those who had borne the quaestorship used to assemble the jud^- 
'ges» called centtnnviri, and preside at their courts ; but Augustus 
provided that this should be done by the dbcewviri lilibus judicanr 
disy Suet. Aug. 36. The queestors also chose the judicts, Dio. 
ixxix. 7. Augustus gave to the qmestors the charge of the public 
records, which the sediles, or as Dio Cassius says, the tribunes had 
formerly exercised, /. liv. 36. But this too was afterwards trana- 
fer^ed to prefects, Tacit, loc. cit. 

/Augustus introduced a new kind of qusstors, called QUiESTO* 
RES CANDIDATI, or candidaii principts vel Attgusti^ Suet. Aug. 
56. Claud. 49 ; vel. Ccesarisf, Veil. ii. 124. who used to cany the 
messages of the emperor, {libeUos^ epistolas, et oraiionett,) to the se- 
nate, Siiet, Til. 6. (See p. 31.) They were called candidati because 
they sued for higher preferments, which by the interest of the em- 
peror they were sure to obtain^ience, Petis ianquam Casaris can- 
didatvsj i. e. cai^lessly, Qmncttlian, vi. 3. 62. 

Augustus ordained by an edict that persons might enjoy the 
quGBstorship, and of course be admitted into the senate, at the age 
of twenty-two, Plin. Epist. x. 83. & 84. 

Under the emperors, the quscstors exhibited shows of gladiators, 
which they seem to have done at their own expense, as a requisite 
for obtaining the office. Tacit. Ann. xi. 22. Suet. Domit. 4. 

Conttantine instituted a new kind of quiestors, called QUiES- 
TORES PALATIf , who were much the same with what are in 
England c^Edled Chancellors, Zosim. v. Procop. de bell. Pers. 

Other ORDmARY MAGISTRATES. 

m 

' T«BiM were varioas other ordinary magistrates ; as, TRIUM- 
YIRI C APITALES, who judged concerning davea and persons of 



ORDINARY MAGISTRA'raa. IS| 

ibc iovrtut tank, Plaut. Avd. iu« 2. 2. aod who abo had the chawof 
tbe prison ; Liv. xxxii. 26. and of the execution of condemnedcri^ 
minals^a//. Cat. 55, 

/triumviri MONETALEvS, who had the charge of the minJi/ 
\qm auroj argetUo^ art fiando^ ftrinndo pramerant, which is oftea 
marked in letters, A. A- A. F. F.) Dio. liv. 26. According to thq 
advice of Maecenas to Augustus, Dio. Yiu 29. it appears that only 
Roman coins were permitted to circulate in the proviacesi Maltha 
xxii. 20. • 

I^NUMMULARII, vel pecunics spectatores, assay masters, /^'^^ 9*^' 
nummi probandiy causa ddftrtbantur^ art probi cssenif cujos auri 
an subarati^ an (tqui pondtris, an bonafusionas.) 
I TRIUMVIRI NOCTURNI, vel tntiviriy who had the charge of 
preventing fires, {incendm per urbem arcendis pr(zerant.) Liv. and 
walking round the watches in the night time, {vigilias circtanibantf) 
attended by eight lictors/P/az//. Amphit, i« 1. 3. 
/ QUATUQR VIRI VIAI.ES, vel viocuri {qui vias cunbani,) 
who had the cbaige of the streets and public roads^^ 
/ All these magistrates used to be created by the people at the Co- 
tnitia Tributa./' 

8ome add' to the Magistraius Ordinarii Minor cm, the CENTUM- 
VIRI litibus judicandis, (vel sililibus judicandis, for so it was an- 
ciently written,) a body of men chosen out of every tribe, (so that 
properly there were 105,) for judging such causes as the prstor 
committed to their decision ; and also the DECEMVIRI litibusjth 
dicandis. But these were generally not reckoned magistrates, out 
onjy judges. 

JVew OROmARY MAGISTRATES under the EMPERORS. 

' Augustus instituted several new offices /as, Curatores operum 
pnblicorumf viarum, aquarum^ alvci Tibcris, sc. repurgandij el lax* 
ioris fackndiy frumenti populo dividundi ; persons who had the 
charge of the public works ; of the roads ; of bringing water to the 
city ; of cleaning and enlarging the channel of the Tiber, and of 
distributing c^rn to the people. Suet. Aug. 37. The chief of these 
offices were, 

A. The governor of the city, (PRiEFECTUS URBI^el lirii*,) 
^hose power was very great, and generally continued for several 
years, Tacit. Ann. vi. 1 1. 
' {A pnefect of the city used likewise formerly to be chosen ooca- 
sionaiiy {in Umpus deligebatur^) in the absence of the kings, and 
afterwards of the consuls. He was not chosen by the peofue, but 
appointed, first by the kings, and afterwards by the consuls, (0 re- 
gibus imponti: Postea consoles mandahant. Tacit, ibid.) He might* 
however, assemble tbe senate, even although he was not a senatcur, 
GelL xiv. c. uU. and also hold tbe cotnitia, Liv. i. 59. But after 
the ereatian of the prsetor, be used only to be appointed for oela* 
Ixrating the Feria Lalintz^ or Latin holynJays. '> 



X 



I3» ItOMAN AMTKltjmE& 

Aagastitt instituted this magistracy by the adrice of Mmooa&Mg 
IXo. liL 21. who himself in the civil wars had been entrusted by 
Augustus with the charge of the city and of Italy, cunciis apud Ro» 
natm atque Italiam ptceposUus.) Tacit, ibid. Hon Od. iii. 8. 17« 
Ibid. 29. 25. The first prefect of the city was Messala Corvinvs^ 
only for a few days : after hitn Taurus Statilius^ and then Pisv for 20 
years. | He was usually chosen frcyii the principal men of the state^ 
(e* viris primariis consularibus,) (His office comprehended malSy 
things, which had formerly belonged to the praetor and sdiles. He 
administered justice betwixt masters and slaves, fi^eedmen and pa« 
trons : he judged of the crimes of guardians and curators ; he check* 
ed the frauds of bankers and money brokers ; he had the superin- 
tendencc of the sliambles, {camis curam gerebai,) and of the public 
tpectacles : in short, he took care* to preserve order and public 
quiet, and punished all transgressions of at, not only in the city, but 
within a hundred miles of it, {intra contesimum d vrbe lapidem^) 
Dio. Hi. 21. He had the power of banishing persoirs botn from 
the city and from Italy ; and of transporting them to any island, 
which the emperor named, f(m insulam deporiaudu) Ulpian. de o£ 
Prat Urb. 

The prafect of the city was, as it were, the substitute {vicarha) 
of the Emperor, and had one under him, who exercised jurisdiction 
in his absence, or by his command. 

The preefect of the city seems to have had the same insignia with 
the prajtors. 



/ 



D. The prafect of the prsBtorian cohorts, (PRiEFECTUS 
.^RiETORIO, vel pmloriis cohoriibus ;) or the commander of tha 
emperor's body guards^^^ 

^^ugustus instituted tiro of these from the equestrian order, by the 
advice of Maecenas, that they might counteract one another, ii one 
of them attempted any innovation, Dio, Iii. 24. Their power was 
at first but small, and merely military. But Sejanus, being alone 
invested by Tiberitj^ with this command, increased its influence ; 
{vim prcB/ectura modicum antea inlendit^ by collecting the prcetorian 
cohorts, formerly dispersed through the city, into one campJ Tadi. 
Ann. iv. 2. Suei. Tib. 37. ^ 

The pnefect of the prsstorian bands was, under the suc-ceeding 
emperors, made the instrument of their tyranny, and therefore that 
<^ce was conferred on none but those whom they could entirely 

f They always attended the emperor to execute his commands : 
' Hence their power became so great, that it was little inferior to that 
of the emperor himselOu/ noji multum abfuerit a prindpatu / mu* 
nus nroximum vel alUrum ah Avgusti imperio^ Victan de Oas. 9,) 
Trials and appeals were brouffbt before them ; and from.their sen* 
tanco there was no appeal, unTest by way of supplication to tli# aaa* 
paror. 



OBDINAST MAGI8T&1TES. 19 

The PMloriaii pmfect vmn apfioinled to his office liy the «mpo* 
loi^i deltveriog to him a sword, Pliru Patug. 67. Herod, iu. % nio. 
IxviiL 33. I 

Sometimes there was bat one pr8Bfe<^» and sometimes two. (Con* 
stantine created four prafecti pratorio ^ but he changed their office 
very mucii from its original institution ; for he made it a civil in* 
stead of a military office, and divided among them the care of the 
whole emprre. To one he gave the command of the east ; to an- 
other of Illyricom ; to a third of Italy and Africa ; and to a f<Mirtht 
of Gaut, Spain, and Britain ; but he took Ax>m them the command 
of the soldiers, and transferred that to officers^ who were called mth 
gifiri equiinm. 

Under each of these prafecti pratorio were several substitutes {vu 
earii;) Who had the chai^ of certain districts, which were caUed 
PICECESSES ; and the chief city in each of these, where they held 
their courts, was called METROPOLIS. Each dimcecu mi^ht con* 
tain several mf/ro^^a/e^; and each rn«/ropo/i> had several cities un- 
der it. But Cicero uses DICECESIS for the part of a province ; 
ad Attic. V. 21. Fam. iii. 8. liii. 53. 67. and calls himself EPISCO- 
PUS, inspector or governor of the Campanian coast, as of a diacesis, 
adAtt.vif. U. 

III. PRiEFECTUS ANNONiE, vel rti frwntrUana, who had 
the chaise of procuring cornj^,.^ 

A magistrate used to be created for that purpose on extraordinary 
occasions under the republic ; thus L. Minutius, Lh, iv. 12. and so 
afterwards Pompey with greater power ; (omnispotesttis reifrumen* 
taria ioto orbe in quinquennium ex data est,) Cfic. Att. iv. t. Dio. 
xxxix. 9. Liv« Epit. 104. Plin. Pan. 29. In the time of a great 
scarcity, Augustus himself undertook the chaise of providing corn* 
{prafecturam annon*^ suscepii^ and ordained, that for the future two 
men of praetorian dignity shouFd be annually elected to discharge 
that office, Dio. liv. 1. afterwards he appointed four, ibid^ 17. and 
thus it became an ordinary magistracy. Buf usually {here seems to 
have been but one prafectus annonar^ was at first an office of 
great dignity. Tacit. Ann. i. 7. xi. Zl.ax$t. iv. 68. but not so in af* 
ter times, Boeth. de Consul. Phil. iii. 

-^1v. PRiEFECTUS Mil JTARIS uERARII ; a person who had 
chai^ of the public fund, which Augustus instituted for the support 
of the arm^\(erantfm mililare ctannovis vectigalibus ad tuendosprth 
4$fU€ndo8qu€ mililes. Suet Aug. 49.) 

-^.PRiEFECTUS CLASSIS, admiral of the fleet,^ ^Augustus 
equipped two fleets ; which he stationed, {constltmt^) the one at 
Ravenna on the Hadriatic, and the other at Misena or -urn on the 
Tuscan sea.y'Each of these had its own proper commander^ {pns* 
/sefw ctassii Ravmnaiit, Tack. Hist iii. 12. €t prafectus claim Mi- 
MMtfMn, Vcftt iv. as.) Them were also ships itationed in ettMr 



1 



lii ROHAN AJsrtomTas. ^ 

fItMB ; av, ia die PqbIob Einmos, ThdU SSti. ii. 83. Met AlObin- 
drift. Suet. Aug. 98. on the Rhine, Fl^r. iv. 12. and Danube, Tadi. 
Annal. xiii. 30. &c. 

/^ VI. PRiEFECTUS VIGILUM ; the ofiicer who commanded 
the soldiers who were appointed to watch the cit£/ Of these there 
were seven cohorts, one for every two wards, {una cohort binis r<* 
giombtUf) composed chiefly of manumitted slaves, (libertino milUe^ 
Suet* Aug. 35. & 30. Those who guarded adjoining houses in the 
night time, carried each of them a bell, (xw^uv, imiinnabulum.) to 
<[ive the alarm to one another, when any thing happened, /)ia. 
lv.4. 

The prafectus vigilum took cognizance of incendiaries, thieves, 
vagrants, and the like ; and if any atrocious case happened, it was 
remitted to the pncfect of the city. 

There were various other magistrates in the latter times of the 
empire, called Comites, Correctores^ Duces ^ Magistri Officiorum^ 
Scriniorum, &c. who were honoured with various epithets according 
to their different degrees of dignity ; as, ClarissimU illmtresj specta- 
bileSf egregii^ perfectissimi, &c. The highest title was, nobilissimut 
and gloriosissimus, 

EXTRAORDINARY MAGISTRATES. 

L DICTATOR and MASTER o/HORSR 

The dictator was so called, either because he was named by the 
consul, {quod a consule diceretur, cni dicto omnes audientts essenif 
Varro de Lat. ling. iv. 14.) or rather from his publishing edicts or 
orders, (a dictando, gtiod muUo dictaret, i. e. ediceret ; ei homims 
pro legihuB haberent qwz diceret, SutL Jul. 77.) He was also called 
magisler populif Sen. Epist. 108. and proetor tnaximus, Liv. vii. 3» 

This magistracy seems to have been borrowed from the Albans, 
or Latins, Liv. i. 23. Cic pro Mil. 10. 

It is uncertain who was first created dictator, or in what year. 
Livy says, that T. Lartius was first created dictator, A. U. 253, nine 
years after the expulsion of the kings, ibid. 

The first cause of creating a dictator was the fear of a domestic s^* 
dition, and of a dangerous war from the iiatins«^/As the authority of 
the consuls was not sufficiently respected on account of the liberty 
of appeal from them, it was judged proper, in dangerous conjunc 
fores, to create a single magistrate with absolute power, from whom 
there should be no appeal, Liv. ii. 18. 39.Mii. 20. Cic. de Leg. iii. S. 
and who should not be restrained by the interposition of a colleague, 
*Dionys. v. 70. ^c. 

A dictator was afterwards treated also for other cau8e3 : 
/m, h For fixing a nail (ciavi Jigendi vel pangendi coMsa) in the 
ri^ side of the temple of Jupiter, which is supposed to have been 
-dbM in those nKle ages, (cur/» /i<erce eront rarw^ to Baarktl\emunhar 



EXTIU0RDIIURT MAGISTRATES. Ill 

tf yettr&y/ 1%« was ccmuiKHdy doM by Ike ordiiibiy oimemMIbs ; 
bot in the time of a pestilence,* or of any great public camouiy, h 
dictator was created for that purpose, (^uia majut imperium er»l») 
to avert the dmae wrath* Liv, vii. 3. viii. 18. 

2. iJPor holding the comitia^tr. viit. 23. ix. T. xxv. 2. 

S.{For the sake of instituting holidays, Id. vii. 28. or of eelebrat* 
iog games, when the praetor was indisposedyLtv. viii. 40. ix« Si. 
/4. ^^or holding trials, If^tunstioniims estrandia^) Id. ix. 26. 
^And & Onoe for choosing senators* (qiii sermtum kgertt^) t>li wJikIi 
occasion there were two dictators, one at Rome, and another eoin^ 
mandtng an army* which never was the case at any other time, Yia 
xxiii. 22. &c. ^ 

The dictator was not created by the snlTniges of the peoplei as 
the other magistrates /bot one of the consols, by order of the se* 
aate, named as dictator whatever person of oonsuiar dignity he 
thought proper i and this he did, after having taken the au^Ncea, 
Qsually in the dead of the night, (noclis silentio, ut mos est^ didaiOm 
rum dixit) Liv. ix. 38. viii. 23. Dlonys. x. 23. {post mtdiam noc» 
iem^) Fest. in voce, silcntio, siNr^traojf, et solida 8Klla. 

One of the military trtbnnes also couU name a dictator, about 
which Livy informs us there was some scruple, iv. 3L 

A dictator might be nominated out of Rome, provided it vraa ifrthe 
Roman territory, which was limited to Italy. 
' Sometimes the people nve directions whom the consid riMmid 
npme dictator, Liv. xxvii. o. 

f Sulhi and Cassar were made dictators at the comUia^ an interrsK 
presiding at the creation of the former, and Lepidus the prsetor at 
the creation of the latter,ICtc. pro RulL iii. 2. Cos. btL do. ii. 1ft 
Dio. xli. 36. ^ 

In the second Punic war, A. U. 536, after the destruction of the 
Consul Flaminius and his army at the Thrasimene lake, when the 
other consul was absent from Rome, and word could not easily be 
Bent to hira, the people created Q. Fabius Maximus PRODICTA^ 
TpR, and M. Minucius Rufus Master of horse, Liv. xxii. 8. & 31. . 

(The power of the dictator was supreme both in peace «nd wu/ 
He could raise and disband armies ; he could determine on the lite 
-and fortunes of Roman citirens, without consulting the people or ae'- 
nate. His edict was observedas an oracle {pro nvmine observaium)^ 
Liv. viii. 34 /At first there was no appeal from him, till a law was 
passed, that no magistrate shonld be created without the liberty of 
appeal, {sine provocatioru^) first by the Consuls Horatiua and Vale- 
rius, A. U. 304. Liv. m. 55. and afterwaids by the Consul M* 
Va)erius,^A. U. 453. Liv. x. 9. Festus in voc. optima lex. But the 
force of tills law with respect to the dictotor is doubtful, it ww 

7pe strongly contested, Liv. viii. 33. but never finally decided* 
The dictator was attended J>y twenty-four lictors with ihefasca 
!«od iBeiures even in the cit^yiLiv. ii. 18. so tfaart Ijvy justtyeaUs tm- 
f^rmmdiciaiariif suo ^ento peicoieiM, ii* 90. 



I8S ROBIAN ANTIQUrnES. 

m 

^ When a ifietator was created, all the other magklrates abdicated 
their authority, except the tribunes of the commons, Pofyh. iii. S7« 
The consuls however still continued to act, Liv. iv. 27. Init in obe« 
dience to the dictator, and without any ensigns of authority in bit 
presence^tv. xxii* 11. 

The power of the dictator ^*as circumscribed by certain limits. 
^g. It only continued for the space of six monih^semeslris dictaiu* 
roj) Liv. ix. 34. even although the business for which he bad been 
created was not 6nished ; and was never prolonged beyond that 
time, exoept in extreme necessity, as in the case of Caraillus, liv* 
vi. 1. For Sulla and Cssar usurped their perpetual dictatorship, ia 
contempt of the laws of their couivtry. 

But the dictator usually resigned his command whenever he bad 
effected the burioess for which he had been created. Thus Q. Cin- 
cinnatus and Mamercus iEmilius abdicated the dictatorship (Hi the 
15th day, Liv. iii. 29. iv. 34. Q* Servilius on the eighth day, I<L iv. 
47. &c.^ 

^ 3. The dictator could lay out none of the public money, witboal 
the authority of the senate, or the order of the peopl^ 
/ 3. A dictator was not permitted to go out of Italy ; which was 
only once violated, and that on account of the most urgent necesnty* 
in Atitius Calatinu^Iitv. EpiL xix. 

/i. The dictator was not allowed to ride on horseback, witfaoot 
asking the permission of the people, Liv. xxiiL 13. to show, as it Is 
thought, that the chief strength of the Roman army consisted in the 
infantry ; or by limiting the rapidity of his movements, to restrain a 
sfunt of ambitioq^«^ 

. rBnt the principal check against a dictator's abuse of power was^ 
that he might be called to an account for his conduct, when he re* 
signed his office* JAv. vii. 4. 

For 120 years before Sulla, the creation of a dictator was disused, 
bat in dangerous emergencies the consuls were armed with dictate* 
rial power. /After the death of Csssar, the dictatorshio was for ever 
abolished by a law of Antony the consuyCtc. Phil. i. 1. And when 
Augustus was urged by the people to accept the dictatorship* be re- 
fused it with the strongest marks of aversion, (^«nu ntafiii, anect&tA 
kumeris togfi, nudo peclore, dtprecalits ff I,) Suet. Aug. 52. PossM- 
ed of the power, he wisely declined an odious appeliatton, IMo. liv. 
1. For, ever since the usurpation of Sulla, the dictatorship was de- 
tested, on account of the cruelties which that tyrant had exercised 
under the title of dictator. 

/To allay the tumuhs which followed the murder of Clodius 1^ 
Milo, in place of a dictator, Pompey was by an unprecedented mea* 
sure made sole consul^. U. 703, Dio. xl. 50. He however, on 
the first of August* assumed Scipio, his father-in-law, as coUeagiMM 
Dio. xL 51. 

When a dictator was created, he immediately ncminated (UtA) 
a master of horse, (MAGISTER EQUlTUM^Vusoally fiem tbosi^ 



r^ 



.-' 



EXTRAORDINARY MAGISTRATES. 137 

ff eoondar or pnetorum digni^, ivhoae proper office nvas to com^ 
omukI the cavalrfy and also to exeeote the orders of the dictator* 
If. Fabios Btiteo» the dictator nominated to choose the senate, bad 
no master of horse. 

fioikietiaiea a oraster of horse was pitched upon {datus vel addkun 
cfl) for the dictator, by the senate or by the order of the people, 
Lh. viL 13. 24. 28. 

The magiittr eatutvm might be deprived of his command by the 
dietator^ and anotner nominated in his room, lAv. fiiu 35* 

The people at one time made the master of horse, MiniiciiiSt 
equal in command with the dictator, Fabius Maximns, Liv. xxii. 26. 

The master of horse is supposed to have had much the same m- 
signia with the praotor, six lictors, the prmtexta, &c. Dio. xlii. 27. 
. He bad the use of a horse, which the dictator bad not without the 
eitler of the peopfe. 

II. TTu DECEMVIRS. 

Tab laws of Rome, as of other ancient nations, were at first very 
few and simple, Tacit* Ann. iii. 26. It is thought there was for 
aome time no written law, {pikil scripli juris.) Differences were 
fletermined {lilts dirimebantur) by the pleasure of the kings, (regtim 
arbiiriof) accordiog to the principles of natural equity, {ex mquo ei 
bMo^y Senec Epist. 90. and their decisions were held as laws, JDto- 
jay4» X L The kings used to publish their commands either by 
faiBliog them up in public on a white wall or tablet, (in albwn rtluUt 
proponere m publico^) Liv. u 32. or by a herak), lb. 4t4L Hence 
tbejr were said* omnia MANU gubemare^ Pompon. 1. 2. § 3. D. de 
OTML jur. (L e.poUstate et imptri^^ Tacit. Agric. 9.) 

The kings, however, in every thing of importance consulted the 
senate, and likewise the people. Hence we read of the LEGES 
CUSIAT^ of Romulus, and of the other kings, which were also 
called LE6US REGIiE, Uv. v. L 

Bat the chief le^slator was Servius TuUius, {prmcipuus sonelor 
Ugum^) Tac Aim« lii. 26. all of whose laws however were abolished 
At once {uno edicio evblaUB^) by Tarquinius Superbus, Dxonys. iv. 43. 

After the expulsion of Tarquin, the institutbns of the kings wene 
<»baerved, not as written law, but as customs, {ianqnam mores maj^ 
ntm }) and the consuls determined most causes, as the kings luid 
4one» acccMxlii^ to their pleasure. 

But justice beinff thus extremely uncertain, as depending on the 
will of an individual, {in vnius voluniate posilum ; Cic. Pam. ix. 16.) 
C. Terentius Arsa, a tribune oi the commons, proposed to the peo- 
ple, that a body of laws should be drawn up, to which all should be 
obliged to conform, {quo omnts uii deberenl.) But this was violent- 
ly opposed by the patricians ; in whom the whole judiciary power 
was vested, and to whom the knowledge of the few laws which than 
#Wit#d was confined, Liv. iii. 9. 

At hut, however, it was determined, A. U. 299, by a decree of 

18 



1S» HOMAN ANTIQUITIES. 

the senate, and by the order of the people, that three amboaflailors 
should be sent to Athens to copy the famous laws of Solon, and to 
examine the institutions, customs, and laws of the other states of 
Greece, Liv, iii. 31. Plin. Ep. viii. 24. 

Upon their return, ten men (DECEMVIRI) were created from 
the patricians, with supi-eme power, and without the liberty of ap« 
peal, to draw up a body of Jaws, {legibus scribmdis) ail the other 
magistrates having first abdicated their office. Lav. iii. 32l &S8.' 

The decemviri at first behaved with great nioderBtioD« They ad* 

ministered justice to the people, each every tenth day. The twelve 

fasces were carried before him who was to preside, and his nine 

colleagues were attended by a single officer, called ACCENSUS^ 

Liv, iii. 33. 

They proposed ten tables of laws, which were ratified by the peo- 
pie at the Comitia Centuriata. In composing them they are said to 
nave used the assistance of one HERMODORU8, an EphesiaQ 
exile, who served them as an interpreter, Cic. Tusc. v. 36. Plin* 
xxxiv. 5. 5. 10. 

As two other tables seemed to be wanting, decemviri were again 
created for another year to make them. But these new magtstrates 
acting tyrannically, and wishing to retain their command beyond 
the legal time, were at last forced to resign, chiefly on account of 
the base passion of Appius Claudius, one of their number, for Vir* 
ginia, a virgin of plebeian rank, who was slain by her father to pie- 
vent her falling into the Decemvir's hands. The decemviri ail pen 
rbhed, either in prison or in banishment. 

But the lawis of the twelve tables (LEGES DUODECEM TA- 
BULARUM) continued ever after to be the rule and foundation of 
public vtid private right, thix>ugh the Roman world, (Pm» unii^trsi 
pubiid privatique jurisy Id. 34. Finis aquijnris^ Tacit. Ann. lit. 
27.) They were engraved on brass, and fixed up in public, {Lege^ 
DECEM VI RALES, quihus tabulis duodecim est nomen^ in as inei* 
SOS in publico proposxierunU sc. constdes^ Liv. iii. 57.) and even in 
the time of Cicero, the noble youth who meant to apply to the stu- 
dy of jurisprudence, were obliged to get them by heart as a neces- 
sary rhyme : {tamquam carmen necessarium^) Cic. de Legg. ii. 23. 
not that they were written in verse, as some have thought ; for mxj 
aet form of words, (verba concepta,) even in prose, waa called CAR- 
MEN, Liv. i. 24. and 26. iiu 64. x. 38. or carmen compottlimiy 
Cic. pro Mbrsen. 12. 

IL TRIBUNI MILITUM CONSULARI POTESTATE. 



The cause of their institution has already been ezidained, (See 
. 94.) They are so called, because those of tlie plebeiana, who 
ad been military tribunes in the army, were the most consfMCUoas* 

Their office and insignia were much the same vrith thoae of the 

consuls. 



E 



•^ 1 



PROVINCIAL MAGISTRATES. 198 



IV. INTERREX, 

CoKCKRMiNo the causes of creating this magistrate, &c. (See fk 
99.) 

Other EXTRAORDINARY MAGISTRATES of less Note. 

Tif BRS were several extraordinary inferior magistrates ; as, DU- 
UMVIRI perduellionis judicandi caus&^ Liv. 1. 26. vi. 20. Duum^ 
viri navates, classis ornanda reficiendceque causd^ Id. ix» 30. xl. 18. 
36. xli. 1. Duumviri ad adem Junoni Jnonetafaciwidam, Id. vii. 98. 

TRIUMVIRI colonic deducenda^ Liv. iv. II. vi. 26. viiL 16. ix. 
38. xxi. 35. xxxi. 49. xxxii. 29. Triumviri bini^ qui extra et ultra 
fmrujuagesimum h^idemin pagis forisque et conciliabulis omnem eopi- 
am ingenuurum inspicerentf et idoneos ad arma ftrenda conquirerentf 
miiilesque facerent^ Id. xxv. 5. Triumviri bini; uni sacris conquiren* 
dis donisque per signandis / alteri reficiendis fjtdibus sacris^ Id. xxv. 7. 
Triumviri mensariiy facti ob argenti penuriam^ Liv. xxiii. 21. xxiv. 
18. xxvi. 36. 

QUINQUEVIRI, agro Pomptino dividendo, Liv. vi. 21. Qtitn. 
oiievtrt, ab dispensUHone pecunias MENSARII appellati^ Id. vii. 21. 
^mrujueroiri murif turribusque reficiendis, Id. xxv. 7. minuendis pub' 
Kcis sumptibvsy Plin. Ep. ii. I. Pan. 62. 
\^ DECEMVIRI agri inter veteranos milites dividendis, Liv. xxxi. 4. 

Several of these were not properly magistrates. They were all» 
httwever, chosen from the most respectable men of the state. Their 
oBSoe may in general be understood from their titles: 

PROVINCIAL MAGISTRATES. 

The provinces of the Roman people were at first governed by 
praters f (see p. 1 12.) but afterwards oy proconsuls and propratorSf 
to whom were joined quastors and lieutenants. 

The usual name is PROCONSUL and PROPILETOR ; but 
aometimes it ia written pro consult and pro pmtore^ in two words : 
00 likewise pro quastore^ Cic. Acad. 4. 4. Ver. 1. 15. & 38. 

Anciently those were called proconsuls, to whom the command 
of consul was prolonged {imperium prorogatum) after their office 
was expired ; Liv. viii. 22. & 26. ix. 42. x. 16. or who were in- 
vested with consular authority, either from a subordinate rank, as 
Marcellus, after being praetor; (ex pratura,) Liv. xxiii. 30. and 
Gellius, Cic. Legg. i. 20. or from a private station, as Scipio. xxvL 
18. xxviii. 3& This was occasioned by some public exigence, 
when the ordinary magistrates were not sufficient The same was 
the.^^ate with proprcetors, Cic. Phil. v. 16. Suet Aug. 10. Sail. 
Cat 19. The first proconsul mentioned by Livy, was T. Quinc- 
tins, A. V* 290. Liv. uu 4 But he seems to have been appointed 
for the time. The first to whom the consular power was prolonged, 
Publilius, Liv. vin. 23. & 26. f. The name of Proprietor wan 



140 ROMAN ANTIQUITIES. 

also given to a person whom a general left to command Ibe army 
in his absence, Sallusi. Jug, 36. 103. 

The names of consul and proconsul^ prator and proprator^ are 
sometimes confounded, Suet Aug. 3. And we find all govemofB of 
province^ called by the general name of vroconsults^ as of prasidts^ 
ibid. 36. 

The command of consul was prolonged, and proconmiLi occa- 
sionally appointed by the Comitia TriinUa, Liv, x. 24. zxix« 13w xix* 
27. except in the case of Scipio, who was sent as procomul into 
Spain by the Comitia Ceniuriata^ xxvi. 18. 

Bat after the empire was extended, and various countries re-, 
duced to the form of provinces, magistrates were r^ularly sent 
from Rome to govern them, according to the Sempronian law, (see 
p. 104.) without any new appointment by the people. Only mill* 
tary command was conferred on them by the Cotniiia Curuiia* 
(See p. 75.) 

At first the provinces were annual, i. e. a proconsul had the go« 
vemment of a province only for one year ; and the same peraoo 
could not command different provinces. But tiiis was violated in 
several instances ; especially in the case of Julius Ccesar, Suei. JuU 
22. & 24. Cic. Fam. i. 7. (See p. 37. 1 04.) And it is remarkable thai 
the timid compliance of Cicero with the ambitious views of Caesar, 
in granting him the continuation of his command, and money for 
tfie payment of his troops, with other immoderate and uneonslttu- 
tional concessions, de Provinc, Consul ^ pro Balbo, 27. althoiigh b^ 
secretly condemned them, Fam, i. 7. Attic, ii. 17. x. 6. proved fatal 
to himself as well as to the republic. 

The prsetors cast lots for their provinces, (provincias sortieban-' 
liir,) or settled them by agreement {inter se comparabant^) in the 
same manner with the consuls ; Liv. xxvii. 36. xxxiv. 54. xlv. 16. ^ 
17. But sometimes provinces were determined to both by the 9e«- 
nate or people, Id, xxxv. 20. xxxvii. 1. 

The senate fixed the extent and limits of the provinces, the num- 
ber of soldiers to be maintained in them, and money to pay thenr ; 
likewise the retinue of the governors, (COMITATUS vel cohort,) 
and their travelling charges, (VIATICUM.) And thus the gover- 
nors were said, 0RNAR1, i. e. instnd, to be furnished, Cie. ih 
RulL ii. 13. What was assigned them for the sake of houaehold 
furniture, was called VASARIUM, Cic, in Pis, 35. So vasa, fbr- 
niture, Liv. i. 24. 

A certain number of lieutenants was assigned to each proconMfl 
and propraetor, who were appointed usually by the senate ; Cie, 
Him, i. 7. or with the permission of the senate by the proconsul 
himself; Id, xii. 55. J^ep, Attic, 6. who was then said, eUiquem 
nbi legare, Id. vi. 6. or very rarely by an order of the people. 
Ctc. in Vatin, 15. The number of lieutenants was different ae<s<^Yi- 
ing to the rank of the governor, or the extent of the province, "Cie. 
Phil, ii. 15. Thu5:, Cicero in Cilicia had four, Ctesar in Craul ten, 



PROVINCIAL MAGISTRATES. 141 

add Bnmey in Asia fifteen* The least number aeems tohave been 
lliree. Qnintus, tbe brother of Cicero, had no more in Asia Minor> 
Cic.odQ./r.i. 1.3. 

The office of a legatus was very honourable ; and men of prsto« 
r»n and consular dijptity did not think it below them to bear it : 
Thus Scipio Africanus served as ItgaiuB under his brother Lucius, 
Idv. xxxvii. 1. Ac Gell. iv. 18. 

The Legaii were sometimes attended by lictors, Ltv. xxix. 9. as 
tlie senators were, when absent from Rome, jure libtra h^ationisj 
(see p. 29.) but the person, under whom they served, might de- 
jNTive them of that privilege, Cic. Fam. xii. 30. 

In the retinue of a proconsul were comprehended his military of- 
ficers, {Ptdftcti^) and all his public and domestic attendants, Ctc. 
Verr. u. 10. Among these were young noblemen, who went with 
him to learn the art of war, and to see the method of conducting 
public business ; who, on account of their intimacy, were called 
CX)NTUBERNALES, Cic.pro Cml. 30. pro Plane. 11. From this 
retinue, under the republic, women were excluded, but not so im« 
der the emperors, T\jLciL Ann. m. 33. & 34. Suet. Octcn. 34. 

A proconsul set oat for his province with great pomp. Having 
offered up vows in the capitol, {votis in eapitoUo nuncupatiSf) dress* 
ed in his military robe, (paludaicu,) with twelve lictors going be* 
fore him, carrying the fasces and secures^ and with the other en« 
signa of command, he went out of the city with all his retinue. From 
thence he went either straightway to the province, or if he was de** 
tained by business, by the interposition of the tribunes, or by bad 
omens, Pluiarch in Crasso ; Cic. LHvin. i. 16. ii. 9. Flor. iii. 11. Dio* 
xxxviL 50. he staid for some time without the city, ibr he could 
not enter it while invested with military command. His friends, 
and sometimes the other citizens, out of respect accompanied bim, 
{offiai causS^ proseqnebantur,) for some space out of the city with 
their good wishes, Liv. xiii. 49. xlv. 59. When he reached the 
province, he sent notice of his arrival to his predecessor, that by an 
interview with him, he might knot? the state of the province ; for 
his command commenced on the day of^ his arrival ; and by tbe 
CORNELIAN law, the former proconsul was obliged to depart 
within thirty days after, Cic. Fam. iii. 6. 

A |Hx>con8ul in his province had both judicial authority and mill* 
tary command, {potestatem vel jurisdictionem et imperium.) He 
used so to divide the year, that he usually devoted summer to mili- 
tary affairs, Bel. 1. or gomg through the province ; and the winter 
to the administration of justice, Cit. An. v. 14. Verr. 5. 12. He 
administered justice much in the same way with the pretor nt Rome, 
according to the laws, which had been prescribed to the province 
when first subdued, or accordingto the regulations which hadafter- 
wards been made concerning it by the senate or people at Rome ; 
or finally according to his own edicts, which he published in the 
pP9vtnce concMning every thing of importance, Cic. Alt. vi. 1. 



M» HOMAN ANnaUITIK& 

These, if he bonowed them from others, were called TRANSLA* 
TITIA vel Trahiitki, v. -tcta ; if not, NOVA. He always publish- 
ed a general edict before he entered on his government, as toe pre* 
fordid at Rome. 

The proconsul held assizes or courts of Justice, (forvm vel con^ 
vtnius agebaij) in the principal cities of the province, so that he 
might go round the whole province in a year. He himself judged 
in all public and important caiTses ; but matters of less consequence 
he referred to his quaestor or lieutenants, Cic. Flac. 21. in CmciL 
17. Ferr. ii. 18. Suei, JuL 7. and also to others, Cic. Jilt. v. 3L ai 
Q'fratr. i. 1. 7. 

The proconsul summoned these meetings, {conventus indicebat^) 
by an edict on a certain day, when such as had causes to be deter- 
mined should attend, Liv. xxxi. 29. To this, Virgil is thought to 
allude, Mn* ▼• 758* Indicitque forum^ &c. 

The provinces were divided into so many districts, called CON- 
VENTUS, or circuits^ (vofioi, P/iVi. Ep. x. 5.) the inhabitants of 
which went to a certain city to get their causes determined, and to 
obtain justice, {disceptandi et juris obtinendi caus& conveniebanUy 
Thus Spain was divided into seven circuits, (in stpitm convtniUii) 
Plin. iii. 3. The Greeks called convtnhis agere^ dygauLg oLt^iv, sc 
l^fo^ So in ^cL AposL xix. 38. a^^o^ioi d/ovrai, &c. convtntw 
aguniur sunt proconsides ; in jus vocent se invicem. Hence convene 
ins circumire. Suet Jul. 7. percurrere, Cees. viii. 46. for urbes cir* 
oimtre, ubi hi eanventus agtbanlur. 

The proconsul chose usually twenty of the most respectable men 
of the province, who sat with him in council, (am ei in consiUo ade^ 
rafUf assidebtnt^ and were called his council, CONSILIUM, Coh' 
sUiarO^ A8SESSORE8, et Recuperatores. Hence Consilium coge^ 
re, in consilium advocare, adhibere ; in consilio esse^ adtsst^ 0ssidere^ 
habere ; in consilium tre, mittere^ dimittere^ &c. The proconsul 
passed sentence according to the opinion of his council, {ke consiHi 
eententia decrevit^ pronunciavit^) &c. 

As the governors of provinces were prohibited from using any 
other langiuige than the Latin, in the functions of their office, Fal 
Max. ii. 3. 2. they were always attended by interpreters, Cic. Ferr. 
a. 37. Fam. xiii. 54. The judices were chosen differently in dif- 
ferent places, according to the rank of the litigants, and the nature 
of the cause, Cic. Ferr. ii. 13. 15. 17. 

The proconsul had the disposal (curatio) of the com, of the taxr 
es ; and, in short, of every thing which pertained to the province. 
Com given to the proconsul by way of present, was called HON A- 
RIUM, Cic. in Pis. 35. 

If a proconsul behaved well, he received the highest honours, Cic 
Ati. V. 21. as, statues^ temples, brazen horses^ &c. which through 
flatteiy used indeed to be erected of course to all governors* thoc^ 
ever so corrupt and oppressive. 

Festival days used also to be aj^pointed^; as in faonour of Maroal- 



PROVINCIAL MAGISntATES. 14S 



tos (Marcellea» -orumf) in Sicily, and of Q* Mucins flcwola Qifa« 
cea) in Asia, Cic. Verr. iu 21. 10. 13. 

I^ a governor did not behave weiK he might afterwards be broiiglit 
to his trial ; L for extortion, (REPETUNDARUM,) if he had made 
unjust exactions, or had even received presents, Plin. Ep. iv« 9«— 
2. for peculation, (PECULATUS,) if he had embezzled the pobKc 
money ; hence called recuLAToa, or depcculator, Jlscon. in Cte. 
Verr. Act. i. 1. — and, 3. for what was called crimen MAJESTA* 
TIS, if he had betrayed his army or province to the enemy, or led 
the army out of the province; and made war on any prince or state 
without the order of the people, or the decree of the senate. 

Various laws were made to secure the just administralion of the 
provinces, but these were insufficient to check the rapacity of the 
Roman magistrates. Hence the provinces were miseraUy oppress- 
ed by their exactions. Not only ihe avarice of the governor was to 
be gratified, but that of all his officers and dependents ; as, his lieu- 
tenants, tribunes, prasfects, &c. and even of his freedmen and &« 
▼ouriie slaves, Juvenal, viii. 87. — 130. 

The pretexts for exacting money were various. The towns and 
villages, through which the governorf passed, were obliged by the 
JULIAN law, to supply them and their retinue with forage and 
wood for firing, Cic. MtU v. 16. The wealthier cities paid lai*ge 
contributions, for being exempted from furnishing winter*quarters 
to the army. Thus the inhabitants of Cyprus alone paid yeariy on 
this account 200 talents, or about 40,000/. sterling, Cic. AtU v. 2L 

Anciently a proconsul, when he had gained a victory, used to bav« 
golden crowns sent him, not only from the different cities of his own 
province, but also from the neighbouring states, Liv* xxxviii, 37. 14* 
which were carried before him in his triumph, Id. xxxvii. 58. xxxix* 
5. 7. 29. xl. 43. £)iO. xlii. 49. Afterwards the cities of the province, 
instead of sending crowns, paid money on this account, wnich was 
caHed AURUM CORONARIUM, and was sometimes exacted fts 
a tribute, Cic, in Pis, S7, 

A proconsul, when the annual term of his government was elapsed 
<ielivcred up the province and army to his successor, if he arrived m 
time, and left the province within thirty days ; but first he w«i 
obliged to deposite in two of the principal cities of his jurisdiction, 
an account of the money which had passed through his own or hk 
officers' hands, stated and balanced, {apttd duas civitates, qua maX' 
ima viderentur^ rationcs confectas it contolidalas depondereii Cic 
Fam. V. 20. If his successor did not arrive, he nevertheless depart* 
ed, leaving his lieutenant, or more frequently his quiestor, to oom« 
mand in the province, Cic, Fam. ii. 15. A it. vJL 5. 6, 

When a proconsul returned to Rome, be entered the city as a pri- 
vate person, unless he claimed a triumph ; in which ease be did not 
enter the city, but gave an account of bis exploits to the senate a*- 
sembled in the temple of Bellona, or hi some other temple withoitf 
the eiiy. Liv. iiu 63. xxxviii. 4& Dio. xlix. l& In the meantime 



141 ROMAN ANTIQUITIES. 

he' usitfUly vmled near the city till the matter was determined* 
whence he was said ad urbem esse. Sail. Cat 30. and retained the title 
of IMPEKATOR, which his soldiers had given him upon his vieto- 
ry, with the badges of coounand, his liciors, and /asc^, &c. Appian 
says that in his time no one was called imperqtor^ unless 10,000 of 
the enemy had been slain, De Bell. Civ. ii. p. 455. When any one 
had pretensions to a triumphf h\8 fasces were always wreathed with 
laurel, Cic. Fam» ii. 16. 4ti. x 10. as the letters were, which he 
sent to the senate concerning his victory^ Cie. in Pis. 17. Some* 
times when the determination was long delayed, he retired to some 
distance from Rome, Cic. Au. vii. 15. 

If he obtained a triumph, a bill was proposed to the people, that 
he should have military command (u/ ti imperium esset) on the day 
of his triumph, lAv. xlv. 35. Cic. Ait. iv. 16. for without this no one 
could have military command within the city. 
. Then be was obliged by the JULIAN law, within thirty days to give 
isk to the treasury an exact copy of the accounts which he had left 
in the province, (easdem ratimies toiidem verbis referre ad ararium^) 
C/ic. Att. V. 20. At the same time he recommended those who de* 
served public i^ewards for their services, {in beneficOs^ ad ararium 
flettdit^) Cic. ibid, et pro Arch. 5* 

What has been said concerning a proconsul, took place with re- 
spect to a proprelor ; unless that a proconsul had twelve Uckim, 
and a iNt>pretor only six. The army and retinue of the one were 
likewise commonly greater than that of the other. The provincefl^ 
io which proconsuls were sent, were called PaocovsyLAftES ; pro- 
pnetors, Pratoria, Dio. Uii 14. 

PRO VmCIAL MAGISTRATES under the EMPERORS. 

Augustus made a new partition of the provinces. Those which 
were peaceable and less exposed to an enemy, he left to the ma- 
oagement of the senate and people ; but of such as were more 
strong, and open to hostile invasions, and where, of course, it was 
necessary to support greater armies, be undertook the government 
•himself, {regendas ipse suscepit^) Suet Aug. 47. This he did under 
pretext of easing the senate and people of the trouble, but in reality 
to increase his own power, by assuming the command of the army 
entirely to himself. 

The provinces under the direction of the senate and perak, 
(PROVINCI^ SENATORI^ et POPULARES vel PtAlicoi,) ai 
first Vf&pe Africa propria^ or the territories of Carthage, Mimidia^ 
Cgrene ; AsHtf (which, when put for a province, comprehended on- 
ly the countries along the Propontis and the JEgian Sta^ namely, 
Phrygian Mgda^ Caria^ Lydia^ Cic. pro Flaca 27.) Bithgnia and 
PorUuSy Gracia and EpiruSy Dalmatian Macedonia, SicUis^ Scarditmt 
CreiUf and Hispawia Bmtica, Dia liii. 12. 

The psovincesof the emperor (PROVINCIiE IMPERATORIiE, 
Tel CaMrum,) were Hiapania Tarraconmns and Lusitaniat GaUia^ 



PROVINCIAL MAGISTRATES. 145 



Cmtoatfria^ Pkanida, CUicia^ Cyprus^ Egyptus^ to which others 
afterwards added. But the condition of these provinces were often 
changed ; so that they were transferred from the senate and people 
to the emperor, and the contrary, Dio. liii. 12. liv. 4. 3. Strab^ 
XTii. fin. The provinces of the emperor seem to have been in a 
better state than those of the senate and people, TaciL Anval. L 76. 
The magistrates sent to govern the provinces of the senate and 
people were called PROCONSUUBS, although sometimes only of 
preetorian rank, Dio. liii. 13. The senate appointed them b^ lot, 
{zordti mittebani,) out of those who had borne a magistracy m the 
city at least five years before. Suet. Aug. 36. Vesn. 4. Plin* Ep. ii, 

12. Dio. liii. 14. They had the same badges ot authoritv as the 
proconsuls had formerly ; but they had only a civil power» (potesM 
▼el jurisdiciiot) and no military command {imptrium^ nor disposal 
of the taxes* The taxes were collected, and the soldiers in their 
provinces commanded by oflicers appointed by Augustus. Their 
authority lasted only for one year, and they left the province imqpe* 
diately when a successor was sent, Dio* ibid. 

Those whom the emperor sent to command his provinces wen 
called LEG ATI CiESAJlIS pro ConsuU, Propraiores^ vel pro prm^ 
tore^ Dio. liii. 13. Consulares Ltgali^ Suet. Tib. 4U Consuiar€$ 
Rsctorti^ Suet Vesp. 8. or simply, Consulares^ Suet Tib, 32. Ta- 
cit Hist ii. 97. ana Legati, Suet. Vesp. 4. also Prasidts^ PntfuUt 
Correctores, &c. 

The governor of Egypt was usually called PRiEFECTUS, SuU. 
Vtfp. 6. or, PrcEfectm*Augustalis^ Digest and was the first impera- 
torial legate that was appointed. 

There was said to be an ancient prediction concerning ^gypl, 
that it would recover its liberty when the Roman fasces and prm^ 
iexta should come to it, Cic. Fam. I 7. TrebelL Poll, in MvnKan^ 
Augustus artfully converting this to his own purpose, claimed that 
province to himself, and discharging a senator from goins; to it with* 
out permission, Dio. li. 17. he sent thither a governor of equestriaii 
rank, without the usual ensigns of authority. Tacit Ann. il 59. SumU 
Tib. 52. To him was joined a person to assist in administering jus* 
tice, called Juridicus Alexandrikjb civitatis, PandecL (o iixaioftntf^ 
Slrabo^ xvii. p. 797.) 

The first prefect of uEgypt was Cornelius Gallus, celebrated bjr 
Virgil in bis last eclogue, and by Ovid, Amor. \. 15. 39. (Hunc pri* 
mum Mguptua Rotnanum judicem habuU^ Eutrop. vii« 7«) Stui. Aug* 
86. Dio. li. 17- 

The legates of the emperor were chosen from the senators, but 
the prasfect of iEgypt only from the Equites, Tacit xii. 60. Dio. liiL 

13. Tiberius i^ave that charge to one of his freedmen, Dio. Iviii. 
19l The legati CtBsaris wore a military dress and a sword, aad 
were attended by soldiers instead of lictors. They had much jpealv 
powers than the proconsuls, and continued in command dunng the 
pleasure of the emperor, Dio. liii 13. 

19 



tik ROMAN ANnQUITIESL 

In each province, besides the governor, there was an officer call- 
fed PROCURATOR CiESARIS, Tacit: Jlgric. 15. or curator, and 
in later times, rationalise who managed the aflfaii^ of the revcntie, 
'(^m res Jisci curabat ; publicos reditus colligebat et erogabat,) ahd 
laiiso had a judicial power in matters that concerned the revenue, 
Suet. Claud. 12. whence that office was called, procuratio amplissi^ 
ma, Siiet. Grilb. 15. These Procurators were chosen from, the 
Equites, and sometimes from freedmen, Dio. lii. 25. They were 
•sent not only into the provinces of the emperor, but also into those 
of the senate and people, Dio. liii. 15. 

Sometimes a Procurator discharged the office of a govemof, (vice 
prcBsidis fungebatur,) especially in a small province, or in a part of 
a large province, where the governor could not be present ; as Pon- 
'tius Pilate did, who was procurator or prapositus, (Suet Vesp. 4.) 
bf Judaea, which was annexed to the province of Syria, Tacit. An* 
nal. xii. 23. Hence he had the power of punishing capitally, ibid. 
XV. 44. which the procuraiores did not usually possess, ib. iv. 15. 

To all these magistrates and officers Augustus appointed different 
Salaries, according to their respective dignity, Dio. liii. 15. Those 
who received 200 sestertiiz were called ducenarii ; 100, centena- 
•rii ; 60, s£XAG£NARii, ^c Copitolm. in Perlinac. c.'2. A certain 
Bum was given them for mules and tents ; vvhich used formerly to 
be afforded at the public expense. Suet. Aug^ 36. 

All these alterations and arrangements were made in appearance 
\)y public authority, but in fact by the will of Augustus. 

RE-ESTABLISHMENT of MONARCHY under AUGl^TUS : 
TITLES, BADGES, and POWERS of the EMPERORS. 

The nionarchical form of government established by Augustus, 
although different in ijame and external appearance, in several te- 
spects resembled that which had prevailed under the kings. Botii 
were partly hereditary, and partly elective. The choice of the 
kings depended on the senate and people at large ; that of the em- 
perors, chiefly on the army. When the former abused their pow- 
er, they^were expelled ; the latter were often put to death : but the 
interests of the army being separate from those of the state, occa- 
sioned the continuation of despotism. According to Pomponius, de 
' origine' juris, D. i. 2. 14. Reoes omnem potestatem habuisse, 
their rights were the safne. But the account of Dionyius and 
others is different. (See p. 99.) 

As Augustus had become master of the republic by force of arms, 
be might have founded his right to govern it on that ba^s, as his 

S^nd uncle and father by adoption, Julius C«sar, had done. But 
e apprehension he always errtertained of Caesar's fate made hitn 
' pursue a quite different course. The dreadful destruction of the 
* civil wars, end the t^avage cruelty of the Triumviri, had cut off all 
the keenest supporters of liberty, Tacit. Ann. i. 2. and had so hum- 



RE.ESTABLISHM6NT (W MQNAHCHT. itc 149. 

4 

hied the spirit of the Rornans, that they were willing; to submit to 
ajiy form of government, rather than hazard a repetition of former 
^lamitieSf (tutaei prcesentia quam veUra etpericulosamalebant, ibid.) 
The empire was now so widely extended, the number of those who 
had a right to vote in the legi9lative assemblies so great, (the Ro- 
mans having never employed the modern method of diminishing that 
number by representation,) and the morals of the people so corrupt, 
that a republican form of government was no longer fitted to conduct 
go unwieldy a machine. The vast intermixture of inhabitants 
which composed the capital, and the numerous armies requisite to 
keep the provinces in subjection, could no longer be controlled but 
by the power of one. Had Augustus possessed the magnanimity 
and wisdom to lay himself and his successors under proper restraints 
Qgainst the abuse of power, his descendants might have long enjoyed 
that exalted station to which his.wonderlul good fortune, and the 
abilities of others, had raised him. Had he, agreeably to his ^e« 
peated declarations, wished for c^>mmand only to promote the hap: 
piness of his fellow-citizens, he would have aimed at no more power 
than was necessary for that purpose. But the Ijust of dominion, al* 
though artfully disguised, appears to have been the ruling passion of 
his mind, {specie reciisanUs Jlagrantissime cnpiverat,) Tacit. Anit 
1.2. 3. 10, ' . 

Upon his return to Rome after the conquest of Egypt, and thd 
death qf Antony and Cleopatra, A. U. 725," he is said to have seri- 
ously deliberated with his two chief favourites, Agrippa and Mqpce- 
nas, about resigning his power, and restoring the ancient form of go- 
vernment Agrippa advised him to do so, but Maecenas dissuaded him 
from it. In the speeches which Dio Cassius makes them deliver on thi» 
occasion, the principal arguments for and s^inst a popular and mo- 
narchical government, are introduced, lii. i he advice of Maecenas 
prevailed, 16. 41. Augustus, however, in the following year, having 
cx>rrected the abuses which had crept in during the civil wars, SiieL 
Aug, 32. and having done several other popular acts, assembled the 
senate, and in a set speech pretended to restore every thing to them 
and to the people. But several members, who had been previously 
prepared, exclaimed against this proposal ; and the rest, either 
prompted by opinion, or overawed by fear, all with one voice conjur* 
ed him to retain the command. Upon which, as if unequal to the 
load, he appeared to yield a reluctant complijmce ; and that only 
for ten years; during which time, ho might regulate the state of ' 

Kublic anairs, {rempublica/n ordinaret ;) thus seeming to rule, as tf 
y constraint, at the earnest desire of his fellow-citizens ; which 
gave his usurpation the sanction of law. 

This farce he repeated at the end of every ten years, DioAiu. 46. bi^ 
the second time, A. U. 736, he accepted the government only for five 
years, saying that this space of time was then sufficient. Id liv* ISI 
and when it was elapsed. Tor five years more, Id. liri. 16. but after 
that, always for ten years, Id. Iv. 6. He died in the first year of thd 



•fr 



14fif ROMAN ANTIQUITIEBL 

6fth dtcmnittm^ the 19th of September, (xiv. Kal. Sept.) A. V. 797« 
aged near 76 years ; having ruled alone near 44 years. The iuo> 
ceeding emperors, although at their accession they received the em« 
pire for life, yet at the beginning of every ten years, used to hold a 
festivali as if to commemorate the renewal of the empire, LHo, liiL 

10. 

As the senate by their misconduct, (see p. 12i3,) had occasioned 
the Joss of liberty, so by their servility to Augustus, they established 
tyranny, {Ruere in servitutem consults, patres^ cques, as Tacitus says 
Upon the accession of Tiberius, Annal, i. 7.) tfpon his feigned offer 
to resign the empire, they seem to have racked their invention 
to conti ive new honours for him. To the names of IMPERATOR, 
Dio. xliii. 44. CiESAR, Id. xlvi. 47. and PRINCE, (Princepr Se- 
naiu9\ liii. 1. which they had formerly conferred, they added tho8« 
of Augustus, {vencrandm V. -abilis, abau^t^r, quasi inattgurotus 
Tel consecralus ; ideoque Diis carus ; cviludivino afficiendus, «/?ftfoc ; 
Pousan. in, 11. velaba?i^fo; quam sua Jupiter aijget ope, OvycL 
Fast u 612. Suet» Aug. 7.) Dio. liii. 16. and Father of his country ^ 
(Fatur Patrij:,) Suet. 58. Ovid. Fast. ii. 127. Pont. iv. 9. uit. 
Trist. iv. 4. 13. &c. This title had been first given to Cicero by 
the senate, after his suppression of Catiline's conspiracy ; Roma 
rATRStf PATRiiE CiCEaoNicM LIBERA DIXIT, Juvenol. viii. 244. Plin. 
vii, 30. by the advice of Cato, Appian. B. civ. ii, 431. Plut. in Cic. 
or of Catulus, as Cicero himself says, Pis. 3. It was next decreed 
to Julius Caesar, Suet. 76. Dio. xliv. 4. and some of his coins are 
•till extant with that inscription. Cicero proposed that it should be 
nven to Augustus, when yet very young, Phit. xiii. 11. It was re» 
used by Tiberius, Suet. 67. as also the title of Imperator, Id. 26. 
and Do.MiNUs,37. Dio. Iviii. 2. but most of the succeeding emperors 
•ccepted it^ Tacit. Ann. xi. 25. 

The title of PATER PATRIAE denoted chiefly the paternal af- 
fection which it became the emperors to entertain towards their 
subjects ; and also that power, which, by the Roman law, a father 
had over his children, Dio. liii. 18. Senec. Clem. i. 14. 

Casar was properly a family title, Dio. ibid. Suet. Galh. 1. 
Accsording to Dio, it also denoted power, xliii. 4^1. In later times, 
it signifiea the person destined to succeed to the empire, or assumed 
into a share of the government, during the life of the emperor, who 
himself was always called Augustus, Sfartian. in Mlio Vero^ 3. 
which was a title of splendour and dignity, but not of power, Dio* 

Ki.ia 

Augustas is said to have first desired the name of Romulits, that 
lie might be considered as a second founder of the city ; but per- 
ceiviDg that thus he should be suspected of aiming at sovereignty, 
be dropt all thoughts of it« Dio. liii. 16. and accepted the title of 
AoGVSTUS, the proposer of which in the senate was Munatius Plan- 
cii8» Sm€t» Aug. 7. Veil. ii. 91. Nervius says, that Virgil, in allusion 
10 this denre of Augustus, describees him under the name of Qrtai* 
Hra.dflE;fi.i.2g6. G.iii.27. 



t 



RJE-ESTABLISBMBNT OF MONARCHT, Stm. 140 

The chief title, which denoted command was IMPERATOR, 
JHo. zKii. 44. By this the successors of Augustas were peculiariy 
distinguished. It was equivalent to Rex, Dio. liii. 17. In modern 
times it is reckoned superior. 

The title of Imperator, however, continued to be conferred on 
yictorious generals as formerly ; but chiefly on the emperors them* 
Selves, as all generals were supposed to act under their auspices, 
Hofat. Od. iv. 14. 33. Ovid. Trisf. li. 173. Under the republic 
the appellation of Imperator was put after the name ; as CICERO 
IMPERATOR, Cic. Ep. pnsnim. but the titles of tho emperors usii- 
ally before, as a pntnomeriy Suet.- Tib. 26. Thus the following 
words are inscribed on an ancient stone, found at Anc^ra, now An- 
gouri, (in lapide Ancyrano^) in Asia Minor; Imp. Cjesar. Divi. E. 
Aug. PoNt, Max. Cos. XIV. \m\ XX. Tribuxic- Potest. 
XXXVIIJ. The Emperor Casar^ the adopted son of (Julius Caraar, 
called) Ditus, (after his deification ;) Augustus the high-priest^ (an 
office which he assumed after the death of Lepidus, A. U. 741. Di9* 
liv. 917.) fourteen times Consul, twenty times (saluted) Impemtor (oB 
account of his victories). Dio says, he obtained this honour in all 
21 times, lit. 41. Thus Tacitus, J^omen im i^ilr atorxs semel atqne 
vici€i partum, (Ann. i. 9.) in the 3Sth year of his tribunitian powtr^ 
(from the time when he was first invested with it by the senate, Aw 
tJ. 724, Dio. li. 19.) So that this inscription was made above five 
years before his death. 

The n^ht after Caesar was called AuoasTus, the Tiber happen- 
ed to overflow its banks, so as to render all the level parts of Rome 
navigable, Dio. liii. 30. Tacit. AnnaL i. 76. to which Horace ta sup- 
posed to allude, Od. i. 2. This event was thought to prognosticate 
his future greatness. Among the various expressions of flattery 
then used to the emperor, that of Pacuvius, a tribune of the com* 
mons, was remarkable ; who in the senate devoted himself to Cas- 
sar after the mannerof the Spaniards, Fat/. Max, ii. 6. 11. andGaub 
(DfivoTos ilH soLDURiDS appellant, Ctes. Bell. Gall. iii. 22.) and 
exhorted the rest of the senators to do the same. Being checked 
by Augustus, he rushed forth to the people, and compelled many to 
follow his example. Whence, it became a custom for the senators 
when they congratulated any emperor, on his accession to the em- 
jMre, to say, that they were devoted to his service, Dio. ihid. 

Macrobius informs us, that it was^ by means of this tribqne^ (Pa^ 
euvio trihuno plehem rosante,) that an order of the people (ptebisci- 
twn) was made, appointing the month Sextilis to be called Aooust, 
Sat. i. 12. 

The titles given to Justinian in the Corpus Juris, are, in the In- 
stitutes, SACRATisfltMUs Princgp!«, aud Imperatoria Majcstas ; 
in the Pandects, Doninus nostcr sacratissimds princkps ; and 
tfie same in the Codex, with this addition, Pbrpbtuus Augustus^ 
These titles are still retained by the Emperor of Germany* 



150 ROMAN ANTIQUITIEa. 

The powers conferred ob Augustue ub emperor vere» to hvy «r- 
aries, to raise money, to undertake wars, to make peace, to com* 
mand all the forces of the republic, to have the power of life and 
death within, as well as without the city ; and to do every thing else 
which the consuls and others invested with supreme comnuuid had 
aright to do, Dlo^ iiii. 17. 

In the year of the city 731, the senate decreed that Augustus 
should be always proconsul, even within the city ; and in the pro- 
vinces should enjoy greater authority than the ordinary proconsuls* 
Dio, Iiii. 32. Accordingly, he imposed taxes on the provinces, re* 
warded and punished them as they had favoured or oppressed hif 
eatise, and prescribed such regulations to them as he himself thought 
proper, Dio. liv. 7. 9. & 25. 

In the year 735, it was decreed, that he should always enjoy con* 
sular power, with 12 lictors, and sit on a curule chair between the 
consuls. The senators at the same time requested tliat he would 
undertake the rectifying of all abuses, and enact what laws he thought 
proper : offering to swear, that they would observe them, whatever 
they should be. This Augustus declined, well knowing, says Dio, 
that they would perform what they cordially decreed without an 
oath ; but not the contrary, although they bound themselves by & 
thousand oaths. Via. liv. 1 0. 

The multiplying of oaths always renders them less sacred, and no* 
thing is more pernicious to morals, than the too frequent exaction of 
aatbs by public authority, without a necessary cause. Livy iuforms 
tts, that the sanctity of an oath, ijides tljusjurandum) had more ki^ 
fluenee with the ancient Romans, than the fear of laws and punish- 
ments, {proximo legion el pmnarum^ metu^) Liv. i. 21. iL 45. They 
did not, he says, as in after times, when a neglect of religion pre* 
vailed, by interpretations adapt an oath and the laws to tbemselveSf 
but conformed every one his own conduct to them, Liv. iii. 20. ii, 
32. xxii. 61. Cic. Off. iii. 30. & 31. See also, Polub. vi. 54. & 56. 

Although few of the emperors accepted the title of Censor, (se^ 
p. 119,) vet all of them in part exercised Uie rights of that office, 
as also those of Pontifex Maximus^ and tribune of the Commons, 
Dio^ Iiii. 17. See pi 126. 

The emperors were freed from the obligation of the laws, (legi* 
bus solulij) so that tliey might do what they pleased, Dio. Iiii. 18. d& 
S8. Some, however, understand this only of certain laws : for Au- 
gustus aftei-wards requested of the senate, that he might be fieed 
from the Voconian law, Dio. Ivi. 32. bui a person was said to b^ 
{tegU)us solutiiSf) who was freed only from one law, Cic. Phil. ii. 13. 

On the first of January, every year, the senate and people renew- 
ed their oath of allegiance. Tacit. Jlan, xvi. 22. or, as it was ex- 
pressed, confirmed the acts of the emperors by an oath; which cus- 
tom was first introduced by the Tritmiviri^ after the death of Caesar, 
Dio. xlvii. 18. repeated to Augustus, Id. Ii. 20. Iiii. 28. and ^ 
ways continued under the^ succeeding emperors. They not only 



RE-ESTABLISHMENT OF MONARCHY, &c 151 

^ore that they approved of what the emperors had done, but that 
they would in like manner confirm whatever they should do, U. 
4vii. 8. Iviii* 17. In this oath the acts of the preceding emperors 
who were approved of, were included ; and the acts of such, ab 
were not approved of, were omitted, as of Tiberius, Id. lix. 9. of 
Caligula, Ix. 4. &c, ^ Claudius would not allow any one to swear to 
his acts, (in acta sua jurare /) but not only ordered others to swear 
to the acts of Augustus, but swore to them also himself. Id. ix. 10. 

It was usual to swear by the genius, the fortune, or safety of the 
emperor ; which was first decreed in honour of Julius Csesar, Dio. 
xliv. 6. and commonly observed. Id. 50. so likewise by that of Au* 
gustus, even after his death. Id. Ivir. 9. To violate this oath was 
esteemed a heinous crime, Ibid, <$r Tacit. Ann. i. 73. Codex. Vf* 
I. 2* ii. 4. 41. Dig.x\\. 2. 13. and more severely punished than 
real perjury, Tertuil. Apol. 18. It was reckoned a species of 
treason, {majeslalis,) and punished by the bastinado, D. xii. 2. 
13. sometimes by cutting out the tongue, Gothofred in he. So that 
Minutius Felix justly says, c. 29. Est iis, (sc. Ethnicii,) tutius per 
Jovis gcnium pegerare quam reftis-. Tiberius prohibited any ott^ 
from swearing by him, Dio. Ivii. 8. Iviii. 12. but yet men swore, 
not only by his fortune, but also by that of Sejanus, Id. Iviii. 2. 6* 
After the death of the latter, it was decreed that no oath should be 
made by any other but the em|)eror, Ibid. 12. Caligula ordained 
that to all .oaths these words should be added; Nequ£ ji£,* n&^uIs 

ITEOS LIBEKOS CHARIORCS HABEO, qUAM CaIUM £T SORORES EJOS. 

Suet. 15. Dio. lix. 3. 9. and that the women should swear by his 
wife Drusiila, ibid. 11, as he himself did, in his most public and so- 
lemn asseverations, Suet. 24 So Claudius, by Livia, Dio. Ix. 5. 
Suet. Claud. II. 

In imitation of the temple and divine honours appointed by the 
tSriwmviri to Juliim Caesar, Dio. xlvii. 18. and confirmed by Au- 
gustus, Id. li. 20. altars were privatelv erected to Augustus him- 
aelf, at Rome. Virg, Eel. i. 7. Hornt. Ep. ii. 1. 16. Ovid. Fast. i. 
13. and particularly in the provinces, but he permitted no temple to 
be publicly consecrated to him, unless in conjunction with the city, 
Rome ; AoousTtJ et Urbi Romje ; and that only in the provinces, 
Tacit. Ann. iv. 37. for in the city they were strictly prohibited, 
^Sviet. 62. After his death they were very frequent, Tacit. Ann. \. 
U. 7a Dio. Ivi. 46. 

It was likewise decreed in honour of Augustus, that, when the 
priests ofiered up vows for the safety of the people ^nd senate, they 
should do the same for him, Dio.^.^lQ. so for the succeeding em- 
perors; Tacit. Ann. iv. 17. pai*fi^.ularly at the beginning of the 
year. Id. xyi. 22. on the 3d of J?^liary : Dio. lix. 24.— also, that 
m all public and private eDterttiStiments, libations should be made 
V> hiro with wishes for his safi^ty, Dio. li, 19. Chid. Fast. ii. 637. 
!^<fnt. ii. 3. uU. as to the Lai^es and other ffods, Horat. Od. Jv, 
Aft3. 



189 ROMAN ANTIQUITIES- 

On public occasions the emperors wore a crown and a thun^ilnd 
robe, bio. li. 20. Tacit. Jlnnai xiii. 8. They also used a particular 
badge, of having fire carried before them, Herodian. i. 8. o. L 16. 8» 
ii. 5. Marcus Antoninus calls it a lamp, i. 17. probably borrowed 
from the Persians, Xenoph. Cyrop* viii. iii. ;?. 215. Ammian. xxiii. & 
Something similar seems to have been used by the magistrates of 
the municipal towns ; pruna balillus^ v. »umt a pan of burning coals, 
or a portable hearth, (focus porlabilis^) in which incense was burnt; 
a perfumed stove, Horat. Sat. i. 5. 36. 

Dioclesian introduced the custom of kneeling to the emperors, 
(adorari se jmsit^ cum ante turn cuncti salvtarentur^ Eutrop. ix. 16. 
Aurelius Victor. d« C<bs. c. 39. says, that the same thing was dona 
to Caligula and Domitian. So Dio. lix. 4. 27. 28. 

Augustus, at first, used the powers conferred on him with great 
moderation ; as indeed all the first emperors did in the beginning of 
their TOvernment, Dio. Ivii. 8. lix. 4. In his lodging and equipage 
he dinered little from an ordinary citizen of distinguished rank, ex* 
cept being attended by his preetorian guards. JSut after he had 
gamed the soldiers by donatives, the people by a distribution of 
ffrain, and the whole body of citizens by the sweetness of reposa, 
Ee gradually increased his authority ; (insurgcre paulatim,) and fti* 
crossed all the powers of the state, (munia senaius, tnagislratwimt 
legum in st transferrer) Tacit. Ann. i. 2. Such of the nobility as 
were most compliant, (quanto quis servitio promplior^) were raised 
to wealth and preferment. Having the command of the army and 
treasury, he could do every thing. For although he pretended to 
separate his own revenues from those of the state, yet both were 
disposed of equally at his pleasure, Dio. liii. 16. 

The long rei^n and artful conduct of Augustus, so habituated the 
Romans to subjection, that they never afterwards so much as made 
ooe general effort to regain their ]it)erty, nor even to mitigate the 
rigour of tyranny. In consequence of which, their character be- 
came more and more degenerate. After being deprived of the 
right of voting, they lost all concern about public affairs ; and were 
only anxious, says Juvenal, about two things, bread and gamta^ 
(Panem et Circenses, i.e. largesses and spectacles,) Jtivena/* x. 
80. — Hence from this period, their history is less interesting, and, as 
Dio observes, less authentic ; because, when every thing was done 
by the will of the prince, or of his favourites and freedmen, the 
springs of action were less known than under the republic, Dio. liiL 
19. It is surprising, that though the Romans at different times were 
governed by princes of the moftt excellent dispositions, and of the 
soundest judgment, who had seet^ the woful effects of wicked meo 
being invested with unlimited p<^wer, yet none of them seem ever 
to have thought of new-modelling, the government, and of provid* 
ing an effectual check against the j/uture commission of sinular en- 
ormities. Whether they thought it impracticable, or wished to traoa* 
nit to their successors, unimpaired, the same powers which ^f 



h$4 received ; or from what other cause we know not It if at 
least certain that no history of any people shows more clearly tha- 
pernicious effects of nn arbitraiy and elective monarchy, on the 
character and happiness of both prince and people^ than that of 
the ancient Romans. Their change of government was indeed the 
natural consequence of that sncxess with which their lust of con« 
ffjtest was attended. For the f^e employed to enslave other oa- 
tions, being turned against themselves, ser\'ed at first to accom- 
piish» and afterwards to perpetuate their own servitude. And it 
IS remarkable, that the nobility of Rome, whr>se rapacity and eot* 
ruption had so much contributed to the loss of liberty, we^ the 
principal sufferers by this change ; for on them, those savage mon« 
aters, who succeeded Augustus^, chiefly exercised their craehy. 
The bulk of the people, and particularly the provinces, were not 
more oppressed than they had been uncier the republic. Thus Ta- 
citus observes, Jfeoue provincics Ulum rerttm statuni abnuebani^ 909* 
ptcto senatHs poptuique tvfperio ob certamina potcntium^ et avaritiam 
magisiratuum ; invalido legvm auxiltOf quct rf, ambitn^ postremd p«« 
cttniA turbtibanturf Anhal. i. 2. 

PUBLIC SERVANTS of Ike MAGISTRATES. 

Ths pnblic servants (jmiiisin) of the magistrates, were called by 
the common name of APPARITORES, Liv. i. 8. because they 
were at hand to execute their commands {quodiU appartbani^ i. e. 
prasto erant ad obsequtum, Serv. ad Vii^. Mn. xii. 830^ and their 
aervice or attendance apparitio^ Cic, Fam. xiti. 54. These were» 

I. $CRIBi£» Notaries or clerks, who wrole out the public ao\. 
counts, the laws, and all the proceedings (or/a) of the magistrates. 
Those who exercis^ that ofljce were said sQripium faetre^ Liv. 
xi» 46b GelL vi 9* from seriplut^ -tl^* They were denominated 
from the magistrates whom they attended ; thus, Scribti qiMtstoriif cuH* 
lUiU pratarii^ dec and were divided into different decurim ; whence 
duuriam enurt^ f(Mr nwnus scriba cmert, Cic Verr. iiL 79. This 
office was more honourable among the Greeks than the Romania 
^ep. JSum. L The scribal at Rotne, howeyer, were generallv com« 
posed of free-bona citizens ; and they became so respectable, that 
their order is called by Gfcero honest u9 (quoli eorum fidei tabtdm 
fublioBj periculaque magistraiuum ^cmmiUunlur,) Cic Verr. iii. 79. 

There were also actuarii or notarii^ wiio took down in short-hand, 
wha( was said or done, (notis exdpiebant^) Suet JuL 55. These 
were different from the scriba^ and were commonly slaves or freed- 
m^fky D'uL iv. 7. The scriba were also called librarit^ Festu& 
But librarii is usually put fbr those who transcribe books, Cie. AiL 
lal 6. SueL XhmiL ICk. for whidi purpose the wealthv Romaoi^ 
who had a taate for literature, sometimes kept several amvei, J^^ 
An. VI 

The method of writiiu ahortJiand ia mi to have iMen iQTeat«4 

ao 



tM ROMAN ANnQUITIES. 

by Msecenasy Dio, Iv. 7. according to Isidore, by Tiro, the favoor- 
ite slave and freedman of Cicero, Isid, i. !22. Senee. Ep. 90. 

. II. PRJSCONES, heralds or public criers, who were employed 
for various purposes. 

h In all public assemblies they ordered silence, {siUntium indices 
bani vel imptrabanl: cxsurqc, prjeco, fac popui^o AUDiKNTiAjf, 
Plaui, Pc^n. proL 11.) by saying, Silete vel TACEtE ; and in sacred 
rit^ by a solemn form, F^vbte lznguis, Horat, Od, iii. 1. Obe fa- 
vets p|fNEs, FtVg. ^n, v. 71, Hence SAcauH sihntium for altissi' 
mum or maximuTn^ Horat. Od. ii. 13. 29. OrefavetUy they are silent ; 
Ovid* Mmor. iii, 13w 29., 

2. In the comitia they tcalled the tribes and centuries to give 
tbeir votes : they pronounced the vote of each century : they called 
out the names of those who were elected, Gc, Vcrr. v. 15. (See 
p» 88.) When laws were to be passed, they recited them to the 
people, (p. 86.) In trials they summoned the judices^ the persons 
abused, their accusers, and the witnesses. 

Sometimes heralds were employed to summon the people to an 
assembly, Liv. i. 59. iv. 32. and the senate to the senate-house, iii. 
38. (see p. 19.) also the soldiers, when encamped, to hear their ge« 
neral make a speech, Liv. i. 28. 

3*. In sales by auction, they advertised them iauctionem contla* 
npabanl vel pradicabant,) Pl&ut. Men. fin. Cic. Verr. iii. 16. Off. iii. 
13. Horat. de Art. Poet. 419. they stood by the spear» and called 
out what was offered. See p. 57. 

, 4 In the public games, they invited the people to attend ; they 
ordered slaves and other improper persons to be removed from 
them ; Cic. de resp. Har. 12. Liv. ii. 37, they proclaimed (pmdica' 
bant) the victors and crowned them ; Cic. Fam. v. 12. they ihvited 
the people to see the deculat games which were celebrated only 
once every 110 years, by a soldmn form ; Convemte ad Lonoa 

SPECTANDOS, QUOS KEC SPECTAVIT QUISQUAM, NEC SPECTA*rURUS £ST, 

Suet Claud. 21. Herodian. iii. 8. 

5. In solemn funerals, at which games sometimes used to be ex« 
hibited, Cic. de tegg. li. 24. they invited people to attend by a cer- 
tain form: Exsequias Chremeti, quibus est commodcm, ire jam 
TBHPUs EST, oi,Lus effertur, Ter. Phorm, v. 8. 38. Hence these 
funerals were called FUNERA INDlCtlVA. Ftslus in Quiuites, 
Suet. Jul. 84. The praconis also used to give public notice when 
such a person died ; thus Ollus quir}s leto datus est, Festus. ibid* 

6. In the infliction of capital punishment, they sometimes sigiri* 
ficd the orders of the magistrate to the lictor ; Liv. xxvi. 15. Lic- 
TOR, Vifiof orti adde viroas, et is eom i^eoe primwn age, ibid. 16. 

7. When things were lost or stolen, they searched for them, 
Ptaut. Merc. iii. 4. v. 78. Petron. £rbiL c. 57. where an allusion ia 
supposed to be made to the custom abolished by the Mbaimn law. 

, The office of a public, crier, although not honourable, was profita- 
ble, Juvenal, vii. 6. &c. They were generally free-born, and divi- 
ded into decuria. 



PUBLIC SERVANTS, ^ec. ISQ 

Smilar to the pracone$ were those -who collecteii the monev bid- 
dea for goods at an auction from the purchaser, called COACTO* 
RES, Hor. Sat. ]. 6. 86. Cic. pro Cltunt. 64. They were servants 
(minisiri) of the money- brokers, who attended at the auctions; 
Hence exdctiones argeniarids factitare, to exercise the trade of such 
a coHector, Suet, Vesp. 1. They seem also to have been employed 
by bankers to procure payment from debtors of every kind, sut 
the collectors of the public revenues were likewise called COAC- 
TORES, Cic. pro Rob. PosLll. 

III. LICTORES. The lictor&were instituted by Romulus, who 
borrowed them from the Etruscans. THey are commonly supposed 
to have their name, /ir. i. 8, (a ligando); from their 6tn*n^ the 
hands and legs of criminals before they were scourged, GelL xiu 3. 
They carried on their shoulders rods {virgas ulmeas^ Plaut. Asin. il; 
% r. 74. iii. 2. v, 29. Vimmei fasces virgarum^ Id. Epid. i. I. 36. 
vel ex betula^ Plin. xvt. 18. s. 30.) bound with a thong in the form 
of a bundle, (bacilloi lora colligatos in modum fascis,) and an an 
jutting out in the middle of them. They went before ail the great* 
er magistrates, except the censors, one bv one in a line, Liv, xxii^ 
44. He who went foremost was called/PRIMUS UCTOR, Ga 
cut Fair. i. 1. 7. he who went last, or next to the magistrate, was 
called PROXTMUS LICTOR, Liv. ibid. Sallust. Jvg. 12, or Pos* 
tremus^ Cia Divin. i. 28. i. e. the chief lictor, summtis lictor^ who 
used to receive and execute the commands of the magistrate. 

The office, of the lictors was, 

1. To remove the crowd {tU turbam svmmoverent^) Liv. iii. IL 
48. viii. 33. Hon Od. ii. 16. 10. by saying, Ceoite Consul ve- 

NIT ; date VIAM, vel LOCUM CONSULI ; SI VOBlSVmBTUA, DISCEDITti;/ 

Qui rites, Liv. ii. 56. or some such words, (solennis ille bciorum et 
pranuncius clawor, Plin. Pan. 61.) whence the lictor is called sunt" 
mt)tor aditus, Liv. xlv. 29. This sometimes occasioned a good deal 
of noise and bustle, Liv. passwu When the magistrate retqrned 
liome, a lictor knocked at the door with his rod, (forem^ uii tnos est, 
tirgi percussit,) Liv. vi. 34. which he also did, when the magistrate 
went to any other house, Plin. vii, 30. s. 31. 

2. To see that proper respect was made to the magistrates, ( ANI- 
MADVERTERE, ut debilus honos iis redder etur,) Suet. Jul. 80. 
What this respect was, Seneca informs us, Epist. 64. namely, dis- 
mounting from horseback, uncovering the head, going out of the 
way, and also riding up to them, &c. SutL Jul, 78. 

3. To inflict punishment on those who were condemned^ which 
they were ordered to do in various form^ : I, Ljctor^ colliqa m.%- 
iiU!» ; I« Caput OBNUBs HUJus; Arbori infelic:! suspende ; Ver- 

BERATO VEL INTRA POMARlUlf Vtl tXtra POMARIUM, £aV, 1. 26. I» 

Lictor, dsliga ad palom, Id. vtii. 7. Accede, Lictor, viroas 
kt secures BXPED4, Id. viii. 32. In bum lbob age, u e. securiper- 

f, Tel/eri» xxvi. 16. 

The Uctora were usuaUy taken fix>m the lowest of the commoB 



\ik UOMAN ANTIQUITIES. 

people, Lit. ii. 55. and often were the freedmen of him on whom 
the^ attended. They were difierent from the pabUc slaves, who 
Waited on the magistrates, Cic. in Vtrr. i. 26. 

IV. ACC£N8I. These seem to have had their name from 
tammoning (ab acciendo) the people to an asseinl^ly, and those who 
had lawsuits^ to court, (in jus,) One of them attended on the coo* 
sul who had not the fasces, Suef, JuL 20. Liv. iii. 33. Before tbQ 
invention of clocks, one of them called out to the prsetor in court, 
when it was the third hour, or nine o'clock^ before noon ; when it 
vms mid-day, and the ninth hour, or three o'clock afternooo, Varro 
de LaL Ling. v. 9. Plin. vii. 60. They were commonly the freedmen 
jof the magistrate on whom they attended ; at least in ancient times, 
Cir. ad Fair, i, 1. 4. The Accensi were also an order of soldiers^ 
called Supernitmerariif because not included io the legion, VegeL ii. 
Ifl. Ascon* in Cif. Verr. u 28. Liv. viii. 8. & ]Gl 

V. VIATORES. These were preperly the oflkers who attend- 
ed on the tribunes, Liv, ii. 56. and sediies, xxx. 30. Anciently thef 
used to summon the sentttors from the coaatry, where they nsualty 
vended ; whence they had their name, (qtu^d sape inv'A efMH<,)Cic* 
4e Sen. 16. ColumelL Praef. 1. 

VI. CARNIPEX. The public executioner or hangman, who 
executed (s}ipplicio affidebai) slaves, and personaof the lowest rank;; 
lor slaves and freedmen were punished in a manner diflTerent from 
free- bom citizens. Tacit, Annal, iii. 50. The camifex was of ser- 
vile condition, and held in such contempt, that he was not permitted 
to reside within the city, Cic, pro Rabir. 5. but lived without the 

^ Porta Metia, or Esquiltnay Plant. Pseud, i. 3; v, 98. near the plact3 
destined for the punishment of slaves, (juxta locum servitibvs pcanis 
sepositumj Tac. Annal. xv. 60. ii. 32.) called Sesteriiumy Phi- 
•tarch. in Galb. where were erected crosses and gibbets, {cruces ^ 
fotibula^ Tac. Annal. xiv. 33.) and where also the bodies of slaves 
were burnt, PlmtU Cos, ii. 6. v. St, or thrown out onburied. Pot, 
Epod, V. 99. 

Some think that the carnifex was anciently keeper of the prison 
wilder the Tritimviri capitaUs, who had only the superintendence or 
care of it : hence tradere vel trahere ad caruijictniy to imprison ; 
PUxul. Rud. iiL 6. v. 19. 

LAWS of the ROMa^'S. 

TfiE laws of any country are niles established by pubKc antho* 
Tity, and enforced by sanctions, to direct the conduct, and seeare 
the rights of its inhabitants. (LEX jitsti injvstique rfgutu^ Setiec 
de benef. iv. 12. Leoes quidaltudgunt^quam mmii mixia pracepta? 
U. Epist 94.) 

The laws of Rome were Ordained by the people, upon tlie iipplK 
eation of a magistrate, {raganit magiairmlv.) See p. 82. 85. 

The great foundation <k Roman law or jurisprudence, (llbfitm 



lAWS OP THE ROMANS, I5T 



iwkf) WW tkit coDectkm of hw8 called the law, Idv. xniv« 6« or 
*kiwt of the Twehe Tabies^ compiled by the decemvm\ and ratifih 
ed by the people, (see p. 138.) a work in the opinion of CicenH 
Aiperior to all the librariefi of philosophers, {mmiibus omnium philo^ 
sophomm inhliothecis auteponendnm,) de Orat. i. 44. Nothing now 
remains of those laws but scattered fragments. 

The unsettled state of the Roman government, the extension of 
the empire» the increase of riches, and consequently of the number 
of crimes, with various other circumstances, gave occasion to a great 
many new laws, {corrtq>tmim& republics plurimm leges^ Tacit. An- 
na!, lii. 27.) 

At first tfiose ordinances only obtained the name of laws, which 
were made by the ComUia Ceniuriala, (PGPULISCITA,) Tircil. 
ArmaU iii. 58. but afterwards, those also, which were made by the 
Cwniiia Tribuia, (PLEBISCITA,) when they were made bindins 
on the whole Roman people ; first by the Horatian law, {ut guod 
irilnUim plebes jvssisseif populum ieneretj) Liv. iii. 55. and afiei^ 
wards more precisely by the Publilian and Hortensian laws, (v/pfe- 
Useita OMNIS QUIRITES iemreni,) Lix. viii. 13. Epit. xi. Piin. 
X9l 10, 8. 15. Gell. XV. 27. 

The difierent laws are distinguished by the name, {nomen g^ntit) 
of the persons who proposed them, and by the subject to which they 
rofer. 

Any order of the people was called LEX, whether it respecteii 
Ihe polS)ic, (jus publicum vel Btucrnm^) the right of private persons, 
{jus privatum vel civile^) or the particular interest of an individual. 
But this last was properly called PKIVILEGIUM, QeU. x. 30. ^f- 
con. in Cic. pro MiL 

The laws proposed by a consul were called C0NSULARE8, Oie: 
&xt, 64 by a tribune, TRIBUNITIiE, Cic in RulL ii. 8. by the 
decemviri, DECEMVIRALES, Liv. iii. 55. 56. & 57. 

Different Significations of JUS and LEX, and tht different SPECIES 

of the ROMAJ< LAW. 

Tas wonds, Jta and Tax are used in various senses. They aro 
lk>th expresaed by the English word LAW. 

Jus properly implies what is just and right in itself, or what from 
may can^ is binding upon us, Cic. de Offic. iii 2L Lex is a writ- 
ten statute or ordinanoe : (Lf£X, qua scripto sancit, qitdd vti/l, aui 
jubendo^ aut vetantlo, Cic. ie legg. L 6. a leocndo, gudd legi 90» 
kt^nt innoteteat^ Varrode I^t. ling. v. 7. Itgpre leges propositae. 
jusstre^ Liv. iii. 34. tel a detectu, Cic.de Ijegg. i. 6. a justoet jwrt 
legendoy i. e. eligendo^ from the choice of what iiB just and right, Id. 

iL &. Lkx, juBtorwn injustarun^que distinction ibid. ^Grceeo no^ 

mine stppellata^ ^t^i-^t a suum cuique tribuendo, id. i. 6.) 

Jus 18 properly what the law ordains, or the obligation which k 
tftposea $ {est enim /US qu»d LEX cofu^i^m^That is hm^ or. That 
ii tMing, which Ibe law ordA\m,Cic.dt Lsgg. i,lb.udBeinm. 



158 ROMAN AMTIQUITIE& 

ii. 13.) Or, according to the Twelve Tables, Quodconciux rorv* 

LUS JUSSITy ID JUS B8TO, LtV. viu 17. 1^.33. QUOD MAJOR PARS 
JUDICARIT, ID JUS RATUMQUB ESTO, CtC. 

But jus and Ux have a different oieaning, accordi;)g to the words 
with which they are joined : thus, 

Jus NATuujR v^l NATuaALE, IS, what nature or right reason teach- 
es to be right ; and jus gentium, what all nations esteemed to be 
right : both commonly reckoned the same» Ctc. SexL 42. Harusp. 
resp. 14. 

Jus civitun vel ctvilb, is, what the inhabitants of a particular 
country esteem to be right, either by nature, custom, or statute, 
Cic, Topic, 5* O^. iii. 1(3. ll.deOraL i. 48. Hence, c<mf/t(iKrre, 
jus^ quo omnes utantur^ pro Dom. cid suhjccH sitUj pro Osefiin. So 
jifs Romanum, Anglicum^ <fcc. When no word is added to restrict 
it, JUS CIVILE is put for the civil law of the Romans. Cicero some- 
times opposes ji£5 civile io jus itatttraU, Sext. 42. and sometimes to 
what we call Criminal law {jus publicum^) Verr. i^ 42. Ceecin. 2. 
in CaE^cil. 5. 

Jus coMHUNB, what is held to be right among men in general, or 
among the inhabitants of any country, Cic. Ctesin. 4. Digest, et Ir^ 
sliiui. 

Jus PUBLICUM el PRIVATUM, what is right with respect to the peo- 
ple (quasi jus popullcum,) or the public at large, and with respect to 
individuals ; poKtical and civil law, Liv. iii. 34. do, Fam.. iv. 
14. Piin. EpisL u 22. But jus ptthlicmn is also put for the right 
which the citizens in common enjoyed, {jus commune,) Terent 
Phorm« ii. 2. 65. 

Jus Senatorium, (pars juris publiciy) what related to the ri^htu 
and customs of the senate ; what was the power of those, who might 
make a motion in the senate ; {qucs poieslas reftrentibus,) (see p. 
22.) what the privilege of those, who delivered their opinion, {quid 
consmlibus jus ,•) what the power of the magistrates, and the rights 
of the rest of the members, &c. Plin. Ep. viii. 14. 

Jus DiviNUM ft HUMANUM, whst is right with respect to things di- 
vine and human, IJi\ i. 18. xxxix. 16. Tacil. AnnaL iii. 26. 70. vi. 
26. Hence /a^ tt jura sinuni, laws divine and human, Virg. G. h 
269* Contra jus fasqut^ Sail. Cat. 1.5. Jus fasque exuere^ Tacit. 
Hist. iii. 5. Omne jus et fas delere, Cic. Quo jure^ qvave injurk^ 
right or wrong, Terent. And. i. 3. 9. Per fas et nrfas^ Iaw. vi. 14 
Jus et injuries, Sail. Jug. 16. Jure fieri, jure cajtus. Suet. Jul. 76. 

Jus VtiXTORiiJK, what the edicts of the prsetor ordained to ba 
right, Cic. de Offic. I 10. Ver. i. 44. 

Jus HONORARIUM. See p. 110. 

Jus Flavianum, JEliakvm, 6lc. the books of law composed by 
Flavius, Liv^ ix. 46. ^lius, &c. Urcanum, i. e. civilb pWva/um, 
€x quo jus dicitprmioT urbanus, Cic. V^er. Act. i. 1. 

Jus rRjKoiATORinM. Thc law observed with respect to the goods 
{Prmdia vel prmdiq bona^ Ascon. in Cic.) ofthoaa who weie siiretiat 



LAWS OF THE ROMANBL IS» 

{pTiBdes) for Uie finrmers of the public revenues, or undertakers of 
tne public works, {mancipen,) which were pledged to the public, 
(pubiico ohligala ye\pignori opposita^) and sold if the farmer or un« 
dertaker did not perform hifl bargain, Cic. pro Baib. 20. Vrrr, i. 54 
Fam, V. 20. Suet. Claud. 9. Hence Prjediator, a person who laid 
out his money in purchasing these goods, Cic, Att, xiL 14. 17. and 
who, of course, was well acquainted with what was right or wroBg 
in such matters, (juris prmdiatorii peritus,) Id. Balb; 20. 

Jus F&ctAL(£, the law of arms or heraldry, Cic. Offic. i; IL or the 
form of proclaiming war, Liv. i. 32. 

• Jus Legitiuuh, the common or ordinary law, the same with jus 
eixile, Cic. piro Dom. 13; 14.'but jus hfritium exigere, to demand 
one's legal right, or what is legally due, Fam:v\\u 6. 

Jiis CoNsuBTUDtNis, what long use hath etteblfshed, opposed to 
LeoByu^ or ju«/brt/)/um, statute or written law, Cic. de InvenUiu 
S3. 54. Jus civile constat aut sx scripto aut sine scripto, ). 6. D. dai 
jussit et jur. ' 

Jus PovTiricuM vel sacrum, what is right with regard to religion 
and sacred things, much the same with what was afterwards called 
Ecclesiastical Imo^ Cic pro Dom. 1^2. 13. 14. de iegibns, ii» 18. dtc 
Liv. i. 20. So Jus rcligionis^ augumm cwremoniarwny auspiciaruui, 
&c 

Jus BELucutt vel Belli, what may be justly done to a state at 
war with us; and to the conquered : Cass, de BelL G. i. 27. Cic. 0/f; 
L 11, iii. 29. Liv, i. 1. v. 27. Hence Leges silent inter arma^ Cic. m 
Mil. 4. Ferrejus in armis^ Liv. V. 3. Fac^rejus ense, Lucan. iii. 821. 
viii. 642. ix. 1073. Jusque dcUtim sceleri^ a successful usurpation, by 
which impunity and a sanction were crimes, M. i. ^ 

' JoRis di^cipHna^ the knowledge of law, Cic. Legf^. u 5. intelli* 
gentia, Phil. ir. 5. interprelatio, Off. i, 11. Studiosi juris ^ i. e. ju- 
fispnidentiai. Suet. Ner. 32. GelL xiL 13. ConiulH periti, &c. Law- 
yers, Cic. 

JoRB et legihus, by common and statute law, Cic. Verr. i. 42. 44. 
So Horace, t^ir bonis est quis F Qid consulta pairum^ qui leges, ju* 
raque gervai^ <J'c. Kpist. i. m. 40. Jura dabai tegesque utVw, Virg. 
^n. i. 509. 

But Jura is often put for laws in general ; thus, J^va jnra c(n> 
deye^ Liv. iii. 33. Jure inv^nta metu injustifateare necvsse est. Ho* 
rat Sat. L iii. UL Arc P. 122. 898. civica jura respondcre, Ep. i. 

Joa and iE^uiTAS are distinguished, Cic. Off. iii. 16. Virg. ii. 
^6. jus ^x^jmiitid ,• jus civile and leges, Phil. ix. 5. So Mqitutn 
tt bonuin, is opposed to cullidum vermlumque jus^ an artful interpre- 
ter of a written law, Ccecin. 23. Swnmumjus^ the rigour of the law, 
summa injuria^ Off. i. 11. Sutnmo jure agert^ contendere^ experiri, 
&c. to try the utmost titretch d( law. 
Juis vel Jua& Quiriiiumf civiumy dec* See p. 46i. dec.- 
Jura sanguinis^ dognationisy dM^ necessitudOf v. jus neetssiludinisy 
relationship, Suet. Calig. 26. 



MS ROMAN ANTIQl^IBS. 



Jvs repni^ a right to the crown, liv. h 49^ ibnommt to prefrr* 
meirta, Tacit, xiv. 5. QuUnts per fraudemjus fnitf power or autho* 
rity, SallusL Jug. 3. Jiu litxuria publicm^ datum tst^ a liceiMe, &• 
nee, Epist, l(i Qtdhus faliere. ac furnri jus traU Suet. :Ner. 16. 
hiiua et diiionem vel poitslaiem.nlicujus .vtnirty concedere, Liv. A& 
Sail. Habere jua in aiiquem ^ aai juris 4fs.^e aemaneipUt u e. sui or* 
hiirii et vtmwi purere^ to be ixie's owp master, Cic, In contr^fvesna 
jure estf it is a poiDt of law not fixed or determined^ Liv^ nL 55. 

Jv^dicert vel redder e, to administer justice. Dare jue gratis to 
sacrifice justice to interest, Ltv. 

-^ JuB is also pat for the place where justice is administered ; thus, 
Ilf JDS EAHUs, i. e. adpratoris sellam^DonnL in Ter. Phorm. ▼< 7« 
43. & 88. In jure^ L e* apud prtBiorem^ Plaut. Rud. iii. 6. 28. MeOi 
iv. 8. 10. Ueju^ectirrftt, from court, Cic. QmV*/. 25. 

IJSX is often taken in the same general sense *with Jus : thus^ 
Itex est recta ratio imperandi atque prohibtndi^ a numine deorum 
iracta / justarum injustortxmque aistinctio ; tztemvtm qviddam^ quod 
%miver9um tnundmn regit j^^Cansensio omniian gen^ivm lex naiurm 
putanda e^t ; non scripta, a(^ nata lex : — Salus poputi sifrema lt» 
€$t& / ftmdamenium libertaJtis^ fans eqtdtatis^ &c. Cic. de Leggr-r* 
pro Cluent. 53. . . < . 

Leofis is put, not only for the ordinances of the Roman peoptof 
but for any established regulations : thus, of the free towns, lyCCES 
MUNiciFALES, Cic. Fam. vi. 18. of th& allied towns, Verr. ii« 49.501 
of the provinces, tW. 13. , 

When Lex is put absolutely, the law ^f the Twelve Tables ii 
meant ; as, Legs hareditas ad gentem MiTweiam vsniebat^ Cic. Vetr* 
i. 45. Ea ad nes redihat leoe hmreditas^ Ter. Hecyr. i. 3. 97. 

Lbges CKNSoariB, forms of leases or regnlatiooa made by the 
censors, Cic. Verr. L 55. iii. 7. Prov, Cons. 5. Hahir. Perd. 3. orf 
Q. Fr. i. 12. Lex. mancipii velmancipium^ the form and conditioa 
of conveying property, de Orat, i. 39. Cic. Off. iii. 16. 

Lkags venditiom^f:^ vet venalium vendendonon^ agrum vel dwium 
po^sidendif &c« Rules or conditions, Cic. de Orat. i. 58. Harai, 
BjnH. a 2. V. 18. Hence Emere, vendere hoc vel ilia lege^ Le^mh 
hoc conditione vel pacto. Suet. Aug. 21. £a lege (i. e. ex pacto et 
coaventu) exierai^ Cic. Att. \i. 3. nac lege qf^ut omine^ Ter. And. 
i; 3. 29. Heant. v. 51 lU. Lbx rtlce, qua ^ftati sumtis, Cic. Tusc 19^ 
mea lege titor, I will observe my rule, 7Vr. Phorm. iii. 2. ult. 

Lboes historiiBf poematum, versuum^ &c. Rules observed in writ* 
jng, Cie. de Legg. i. 1. de Orak iii. 49. Thus we aay, the tans <^ 
USory, of poetry, versifyii^, 6cc. and in a similar sensei tb^iaros of 
motioo, magnetism, mechanics, &c. 

In the Corpis Juris, Lex is put for the Christian religion; tbii% 
Lex ChristianOf Caih^lica^ venerabilis^ santiisaima^ &c. But we in 
a similar sense use the word lam for the Jewish reliflpm ; as th» 
Lam and the Gospel f or for the Books of Mosea; ai» tbe Lam and 
the Pf«!p&el#. 



LAWS OF THE ROMANS. 101 

Jl7s RoNANCM, or Roman law^ was either wrilUn or unwnitiefi 
tawf (Jus scRiPTou aut non scriptum.) The c^everal species which 
constituted the jus icr^um^ were, laws, properly so called, the de- 
crees of the senate, the edicts or decisions of magistrates, and the 
opinions or ¥rritings of lawyers. Unwritten law, {jus non scriptum^) 
comprehended natural equity and custom* Anciently jue scriptum 
only comprehended laws properly so called, Digest, df. orig* jun 
All these are frequently enumerated, or alhided to by Cicero, who 
calls them Pontes jbquitatis, Topic, 5. ^c, ad Heram, ii. 13. 

LAWS of the DECEMVIRI, or, The XII TABLES. 

Various authors have endeavoured to collect and arrange the 
fragments of the Twelve Tables. Of these, the most eminent is 
Grodfrey, {Jacobus Gotho/redus.) 

According to his account, 

The L table is supposed to have treated of lawsuits ; the IL of 
thefts and robberies ; II L of loans, and the right of creditors over 
their debtors ; IV. of the right of fathers of families ; V. of inherit- 
ance and guardianship ; VI. of propeity and possession ; VIL of 
trespasses and damages; VIII. of estates in the countr>* ; IX. of the 
common rights of the people ; X. of funerals, and all ceremonies 
relating to the dead ; XI. of the worship of the gods, and of reli- 
gion ; XIL of marriages, and the rights of husbands. 

Several ancient lawyers are said to have commented on these 
laws, Cic, de legg. ii. 23. Plin, xiv. 13. but their works are lost. 

The fragments of the Twelve Tables have been collected from 
various authors, many of them from Cicero. The laws are in geno« 
ral very briefly expressed ; thus, 

Si in jus vockt, atqub (i. e. stalim) eat. 

Si iibvbrum rupsjt {ruperit,) ni cvm co tacit {paciscaiur^^ t alio 

fiSTO. 

Si FALSUM TESTIMONIUM DICASSIT (dixeril) S.lXO D£JIC ITOR. 

Privileoia n£ iRROOANTo ; sc. magistralus, 

Db CAriTB {dt inia, liberlate^ ei jure) uvis Komani, kisi per 
MAXIMUM cbnturiatun {per comitia centuriala) ne ferumto* 

Quod postremux populus jussit, id jvs ratum ksto* 

hominem mortuum in urre ne sepeuto, neve urito. 

Ad Divos adbunto caste : pietatem adhibento, opbs amovex* 
TO. Qui becus faxit, Deus ipse vindex erit. 

Feriis juroia amovento. Ex patriis ritibus optima colunto, 

PbRJURII poena DieiNA, EXITIUN ; HUMANA, DBDECUS. 

Impius ne audgto placare donis IRAN Deorum. 

Nec^UIS AGRUM C0N5ECRAT0, AURl, AROENTI, EBORIS SACRANM MO« 
DUS ESTO« 

The most important particulars, in the fragments of the Twelve 
Tables, cOme naturally to be mentioned, and explained elsewhere 
ill various places. 

After the publication of the Twelve Tables, every one understood 

21 



168 ROMAN ANTIQUITIES. 

xirhat was his right, but did not know the way to obtain it. For tfaia 
they depended on the assistance of their patrons. 

From the Twelve Tables were composed certain rites and forms, 
which were necessary to be observed in prosecuting lawsuits, (^tii- 
bui inter se homines disc^tareni,) called ACTIONES LEGIS. 
The forms used in making bargains, in transferring property, &c. 
were called ACTUS LEGITIMI. There were also certain days 
on which a lawsuit could be instituted, (quando lege agi posset^) or 
justice could be lawfully administered, (dies FASTI,) and others on 
which that could not be done, (NEFASTI ;) and some on which it 
could be done for one part of the day, and not for another. (INTER- 
(!^ISI.) The knowledge of all these things was confined to the pa- 
tricians, and chiefly to the Pontifices^ for many years ; till one Cn. 
Flavins, the son of a freedman, the scribe or clerk of Appius Clau- 
dius CsBCUs, a lawyer, who had arranged in writing these actiwus 
and days, stole or copied the book which Appius had composed, and 

eblished it, A. U. 440. (fastos publicavit, et acUones primum edidit.) 
return for which favour he was made curule ssdile by the people, 
and afterwards praetor. From him the book was called JUS CIVI* 
LE FLAVIANUM, Liv. ix. 46. Cic. de Oral. i. 41. Murten. 11. Au. 
1. 1. 1. 2. § 7. D. de orig, juris^ GelL vi. 9. Valer. Max. ii. 5. 2. Plin. 
xxxiii. 1. 8. 6. 

The patricians, vexed at this, contrived new forms of process ; and 
to prevent their being made public, expressed them in writing by 
certain secret marks, (NOTIS, Cic. pro Mur. 11. somewhat like 
what are now used in writing short-hand,) or, as others think, by 
putting one letter for another, (as Augustus did. Suet. Aug. 88.) or 
one letter for a whole word, (per- SIGLAS, as it is called by later 
writers.) However, these forms also were published by Sextus 
iElius Catus, (who for his knowledge in the civil law, is called by 
Ennius egregie cordatus homo^ a remarkably wise man, Cic* de OrcU. 
145.) His book was named JUS iELIANUM. 

The only thing now left to the patricians was the interpretation 
of the law ; which was long peculiar to that order, and the means 
of raising several of them to the highest honours of the state. 

The origin of lawyers at Rome was derived from the institution 
of patronage. (See p. 36.) It was one of the ofiices of a patron 
to explain the law to his clients, and manage their lawsuits: 

TITUS CORUNCANIUS, who was the first plebeian Pontifex 
Maximus, A. U. 500, Liv. Epit. IS. is said to have been the first 
who gave his advice freely to all the citizens without distinction, /. 
3. § o5. & 38. D. de orig, jur. whom many afterwards imitated ; as, 
Maniiius, Crassus, Mucins Scaevola, C. Aquilius, Gallus, Trebaitius, 
Sulpicius, &c. 

Those who professed to give advice to all promiscuously, used to 
walk across the forum, {transversa foro) and were applied to {ad 
eos adibatur) there or at their own houses. Cic. OraU iii. 33. Such 
as were celebrated for their knowledge in law, often had their doors 



LAWS OF THE ROMANS. 16t 

beiec with clients before dajF-break, Hor. SaL i. 1. v. 9. Efi$L iL 1. 
l(&f for their gate was open to all, (cunctis janua patebat^ TibulL u 
4» TBA and the house of an eminent lawyer was as it were the ora* 
cle Of the whole city, Cic, de OraL i. 45. Hence Cicero calls their 
power Keonum judiciale, AiL u L 

The lawyer save his answers from an elevated seat, {tx solioy tan* 
quam ex tripode^) Cic de Legg. i. 3. Orat. ii. 33. iii. 33. The 
client coming up to him said, Licrr consulerb ? Oic* pro Mur. 13. 
The lawyer answered, Consule. Then the matter was proposed, 
and an answer was returned very shortly ; thus, Quaro an axiin* 
ME3 ? vel. Id jus est nkcne ? — Sbcundum ea, wm proponuntor^ 
ExisTiHO, PLACET, POTO, HoTOi, Sat. ii. 3. 192. Lawyers gave their 
opinions either vivd voce^ or in writing : conlmonly without uiy rei^ 
son annexed, Smec. EpisL 94. but not always. 

Sometimes in difficult cases, the lawyers used to meet near the 
temple of Apollo in the Forum, Juvenal, i. 128. and after deliberRt« 
log together, (which was called DISPUTATIO FORI,} they pro- 
■ounced a joint opinion. Hence what was determined by the law« 
yers, and adoj^ed by custom, was called Recbpta sententia, Rb^ 

CBPTOH JUS, ReCBPTUS MOS, POST MULTAS VARUTIONRS RBCRPTUII ; 

and the rules observed in legal transactions by their consent, were 
called Rbouljb juris. 

' When the laws or edicts of the pnetor seemed defective, the law* 
yers supplied what was wanting in both from natural equity ; and 
their opmions in process of titne obtained the authority of lawsL 
Hence lawyers were called not only interpretes^ but also CONDI* 
TORES et AUCTORES JURIS, DigeH. and their opinions, JUS 
CIVILE, Cic pro Cacin. 24« de offic. iii. 16. opposed to leges Css* 
ciii.a6. 

Cicero complains that many excellent institutions had been per- 
▼erted by the refinements of lawyers, pro Mur. 13.. 

Under the republic, any one that pleased might profess to give 
advice about matters of law ; but at first this was only done by per« 
nana of the highest rank, and such as were distinguished by their su-> 
perior knowledge and wisdom. By the Cincian law, lawyers were 
prohibited from taking fees or presents from those who consulted 
them; hence, turpe reos empta miseros defendere Kngu&f Ovid. 
Amor. I. 10. 39. which rendered the profession of jurisprudence 
highly respectable, as being undertaken by men of rank and learn- 
iDir, not from the love of gain, but from a desire of assisting their 
feUow-citizens, and through their favour of rising to prefermeota. 
Ai^gustus enforced this law, by ordaimng, that those who transgress- 
ed it, should restore fourfold, Dio. liv. 18. 

Under the emperors lawyers were permitted to take fees, (HO- 
NORARIUM ceriamjustamqiL9 nurcedem^ Suet. Ner. 17.) from their 
clients ; but not above a certain sum, {capiendis pecuniis posuei nuh 
dmn (so. Claudius) usque ad dena sestertia^ Tao Annal. xi. 7.) and 
after the business was done, (Peratis negotis perniiUebai pecuniar 



ROMAN ANTIQUITIES. 

duniaxat deetm mUliufn dare, Plin. Epist v. 21.) Thus the ancient 
connexion between patrons and clients fell into disuse, and every 
thing was done for hire. Persons of the lowest rank sometimes as- 
sumed the profession of lawyers, Juvenal, viii. 47. pleadings became 
▼enal, {venire advocaiiones,) advocates made a snameful trade of 
Iheir function by fomenting lawsuits, (m liUs coire ;) and, instead of 
honour, which was formerly their only inward, lived upon the spoils 
of their fellow-citizens, from whom they received large and annual 
salaries, Plin. Ep. v. 14. Various edicts (edtcto, libri, vel libelti) 
were published by the emperors to check this corruption, ibid, also 
decrees of the senate, Id, v. 31. but these were artfully eluded. 

Lawyers were consulted, not only by private persons, but also 
(m consilium adhibehantur, vel assumebantttr) by magistrates and 
judges; Cic, Top, 17. Miran. 13. Cadn, 24. Gtll, xiii. 13. Plin, 
tip, w, 22. vi. 11. and a certain number of them attended every pro- 
consul and propraetor to his province. 

Augustus granted the liberty of answering questions of law, only 
to particular persons, and restricted the judges not to deviate frona 
their opinion, /. 2. § ulU D. dt orig. jur, that thds he might bend the 
laws, and make them subservient to despotism. His successors, 
(except Caligula, SueL 34.) imitated this example ; till Adrian re- 
stored to lawyers their former liberty, Dig. ibid, which they are sup- 
posed to have retained to the time of Severus. What alterations 
after that took place, is not sufficiently ascertained. 

Of the lawyers who flourished under the emperors, the roost r&* 
markable were M. ANTISTIUS LABEO, (incorrvpta libertatis rir, 
Tacit. Annal. iii. 75. Cell. xiii. 12.) and C. ATEIUS CAPITO 
{eujus obseqvium dominanlibus tnagis probabatur^ Tacit ibid.) under 
Augustus ; and these two, from their different characters and opi- 
nions, gave rise to various sects of lawyers after them : CASSIU8, 
under Claudius, {Cassianct scholce prmceps^ PUn. Ep. viL 34. SAL* 
VIUS JULIANUS, under Hadrian ; POMPONIUS, under Julian ; 
CAIUS, under the Antonines : PAPINIANUS, under Severus ; 
ULPIANU8 and PAULUS, un^er Alexander Severus ; HERMO- 
6ENES, under Constantino, &;c. 

Under the repubKc, yoimg men who intended to devote them- 
selves to the study of Jurisprudence, after finishing the usual studiea 
of grammar, Grecian literature, and philosophy, {Cic, in BruU 80i 
Off, !• 1. SujeU de clar. Khet, 1. <$r 2. studia liberalia v. hukavita* 
Tis, Plutarch, in LtictUl, princ) usually attached themselves to some 
eminent kwyer, as Cicero did to Q. Mucius Sccevola, Cic^ de Andc. 
1. whom they alwajrs attended, that they might derive knowledge 
from his experience and conversation. For these illustrious men 
did not open schools for teaching law, as the lawyers afterwards did 
under the emperors, whose scholars were called AUDITORES, 
5enec. Contr, 25. 

The writings of several of these lawyers came to be as much re^ 
spected in courts of justice {vi^v forij) as the laws themselves, L 2; 



LAWS OF THE ROMANS. 165 

fSS. D. de arig. juris. But this happeped only bv taoit ooaaent* 
Those laws only had a binding force, which were solemnly enacted 
t^ the whole Roman people assembled in the Comitia, Of these, 
the following are the chiei. 

LAWS of the ROMANS made at different times. 

LEX ACILIA, L About transporting colonies, {de coloniis dd* 
ducendiSf) by the tribune C. Acilius, A. U. 556, Liv, xxxiii. 29. 

3. About extortion, {de repetundisy) by Manius Acilius Glabrio, a 
tribune, (some say consul,) A. U. 683, That, in trials for this crime,, 
sentence should be passed, after the cause was once pIoaded> {semel 
dicid cau9&) and that there should not be a second hearing, {ne r^m 
cotnperendinareiur^) Cic. proem, in VeiT. 17. i. 9. Ascon. in Cic. 

Lex ^BUTTA, by the tribune iEbutius, prohibiting the proposer 
of a law concerning any charge or power, from conferring that charge 
or power on himself, his colleagues, or relations, Cic. m RulL u. 8. 

Another concerning the Judices, called Centumviri^ which is said 
to have diminished the obligation of the Twelve Tables, and to have 
abolished various customs, which they ordained, GelL xvi. 10. tx*. 
18. especially that curious custom borrowed from the Athenians^ 
{Aristoph, in n^A. v. 498. Plato^ de legg. xii.) of searchiiig for sto- 
len goods without any clothes on but a girdle round the waist, and, 
a mask on the face, (FURTORUM QUiESTIO CUM LANCE 
ET LICIO,) GelL ibid. Festvs in Lanch. When the goods were 
found, it was called FURTUM CONCEPTUM, Inst. ii. la 3. 

Lbx JEUA et FUSIA de comitiis, — ^two separate laws, although 

sometimes joined by Cioero. The first by Q. ^lius Pastus, con- 

mil A. U. 586. ordained, that, when the comitia were held for paas- 
ine laws, the magistrates, or the augurs by their aiUhority, might 
tue observations from the heavens, {de calo servarent :) and, if the 
omens were unfavourable, the magistrate might prevent or dissolve^. 
the assembly, {comitiis ohnuncxarety) and that magistrates of equal 
authority with the person who lield the assembly, or a tribune, might 

five their negative to any law, {legi intercederent^) Cic. pro Sext. 
5. 53, post. red. in Sen. 5. de prov. Cons. 19. in Vatin, 9. Pis* 4« 

Att ii. 9. ^The second, Lex FUSIA, or Fopu, by P. Furiua» 

coDSol, A. U. 617, or by one Fusius or Fufius, a tribune. That it 
should not be lawful to enact laws on all the die^ fasti, Cic. ibid* 
See p. 84. 

Lex JEUA SENTIA, by the consuls JZlius and Sentius, A. U. 
756, about the manumission of slaves, and the condition of those 
who were made free. Suet. Jug. 46. See p. 45. 

Lex iEMILIA, aboat the censors. See p. 114. 

Lex iEMILIA Sumptuaria vel Cibaria by M. iEmilius Lepidus^ 
consult A. U. 675, limiting the kind and quantity of meats to b^ 
used at an entertainment, Macrob. Sat. ii. 13. GelL ii. 24. PUov 
ascribes this law to Marcus Scaurus, viii. 57. So JunL Vict. 04 
vir. iUusir. 79. 



1 W ROMAN ANTIQUITIES. 

Legea AGRARI^ ; Cassia, Licinia, Flamma^ Sempronia, J&o« 
na, Cornelia, Servitia, Flavia, Julia, Mamilia, 

Leges deAMBITU; Fabia, Calpumia, Tullia, Aufidia, Lueinia, 
Pompeia. 

Leges ANNALES vel Annaria. See p. 97. 

Lex ANTIA Sumpluaria, by Antius Restio, the year uncertain ; 
limiting the expense of entertainments, and ordering that no actual 
magistrate, or magistrate elect, should go any where to sup, but' 
with particular persons, GelL ii. 24. Antius, seeing his wholesome 
regulations insufficient to check the luxury of the times, never after 
supped abroad, that he might not witness the violation of his own 
hiw, Macrob. ii. 13. 

Leges ANTONIiE, proposed by Antony after the death of Csesar^ 
about abolishing the office of dictator, confirming the acts of Caesar, 
(Acta CjbsariS)) planting colonies, giving away kingdoms and pro- 
vinces, granting leagues and immunities, admitting officers in the 
army among jurymen ; allowing those condemned for violence and 
crimes against the state to appeal to the people, which Cicero calb 
the destruction of all laws, &c Cic, Phil. i. 1. 9. iii. 3. 36. 37. 38. 
▼• 34 xiii. 3. 5w Att. xiv. 12. Dio, Cass. xlv. 28. Appian. de Bell. 
Civ. iii. transferring the right of choosing priests from the people to 
the difierent colleges, Dio. xliv.^n. &c. 

Leges APPULEIi£, proposed by L. Appuleius Satuminus, A. U. 
653, tribune of the commons ; about dividing the public lands among 
the veteran soldiers, Aurel. Vict, de vir. illustr. 73. settling colonies, 
Cicpro Balb. 21. punishing crimes against the state (de maj estate,) 
Cic. de Orat. ii. 25. 49. furnishing corn to the poor, at || of an as# 
a bushel, {semisse et triente, i. e. dextante vel dtunce : See Legei 
Semproniai) Cic. ad Herenn. i. 12. de Legg. ii. 6. 

Satuminus also got a law passed, that all the senators should be 
obliged, within five days, to approve upon oath of what the people 
enacted, under the penalty of a heavy fine ; and the virtuous MeteU 
los Numidicus was banished, because he alone would not comply, 
(quod in legem vi latamjnrare nollet^) Cic. pro Sext. 16. Dom. 3L 
Cluent. 35. Victor de Vir. illust. 62. But Satuminus himself was 
soon after slain for passing these laws by the command of Marius, 
who had at first encouraged him to propose them, Cic pro Rabir. 
perd. 7. II. and who by his artifice had effected the banishment of 
Metelliis, Plutarch, in Mar. Appian. de Bell. Civ. i. 367. 

Lex AQUILLIA, A. U. 672. about hurt wrongfully done, (de 

damno injuria dato,) Cic. in Bnito, 34. Another, A. U. 687, (de 

dolo malo,) Cic. de Nat. Deor. iii. 30. Off. iii. 14. 

Lex ATERIA TARPEIA, A. U. 300, that all magistrates might 
fine those who violated their authority, but not above two oxen and 
thirty sheep, Dionys. x. 50. After the Romans began to use coiD- 
ed money, an ox was estimated at 100 asses, and a sheep at ten, 

FkstUS m PECULATUS. 

Lex ATIA, by a tribune, A. U. 690. repealing the Cornelian law, 
and restoring the Domitian, in the election of priests, jDto. xxxviL 37. 



LAWS OP THE ROMANS. 167 

Lex ATILIA, de deditUiis^ A. Ui 543, Liv. xxvi. 33. — ^Another 
de tuioribus^ A. U. 443, That guardians should be appointed for or- 
phans and women, by the praetor and a majority of the tribunes, 
Ulpian. in Fragm. Liv. xxxix. 9. See p. 62. 

Another, A. U. 443, That sixteen military tribunes should 

be created by the people for four legions ; that is, two-thirds of the 
whole. For in four legions, the number which then used annually 
to be raised, there were twenty-four tribunes, six in each ; of whom 
by this law four were appointed by the people, and two by the con- 
suls. Those chosen by the people were called COMITIATI ; by 
the consuls, RUTILI or RUFULI. At first they seem to have 
been all nominated by the kings, consuls, or dictators, till the year 
393, when the people assumed the right of annually appointing six, 
Liv. yii. 5. ix. 30. Ascon. in Cic. Afterwards the manner of cnooa- 
ing them varied. Sometimes the' people created the whole, some- 
times only a part But as they, through interest, often appointed 
improper persons, the choice was sometimes left, especially in dan- 
gerous junctures, entirely to the consuls, Liv. xlii. 31. xliii. 13. xliv. 

Lex ATINIA, A. U. 623, about making the tribunes of the com- 
mons senators, GelL xiv. 8. Another, That the property of 

things stolen could not be acquired by possession, {usucaptione :) 
The words of the law ^were. Quod surreptum grit, ejus jETERtfA, 
jiucTORiTAS E8T0. (Scc p. 56.) Gcll. xvii. 7. Cic. in Verr. i. 42. 

Lex AUFIDIA de ambitUy A. U. 692. It contained this singular 
dause, That if a candidate promised money to a tribe, and did not 
pay it, he should be excused ; but if he did pay it, he should be 
obliged to pay every tribe a yearly fine of 3000 sestertii as long as 
he lived. Cic. Att. i: 16. 

Lex AURE LI A jwrficianrt, by L. Aurelius Cotta, prsBtor, A. U. 
683, That judices or jurymen should be chosen from the senators, 
Eqmtes and Tribunii Mrarii, Cic. Verr. ii. 72! Phil. I 8. RuU. i. 2. 
— ^The last were officers chosen from the plebeians, who kept and 
gave out the money for defraying the expenses of the army, Asam. 
in Cic. — Cic. pro Plane. 8. Verr. 69. Att. i. 16. Festus. 

Another, by C. Aurelius Cotta, consul, A. U. 678, That those 
who had been tribunes might enjoy other ofifices, which had been 
prohibited by Sulla, Ascon. in Cic. 

Lex BiEfilA, A. U. 574, about the number of praetors. (See p. 
113.) Another against bribery, A. U. 571. Liv. xl. 19. 

Lex CiECILIA DIDIA, or et Didia, or Didia et dsdlia, A. U. 
655, That laws should be promulgated for three market-days, and 
that several distinct things should not be included in the same law, 
which was called ferre per saturam, Cic. Att. ii. 9. Phil. v. 3. pro 
Dom. 20. 

Another against bribery, Cic. pro SnlL 22. 23. 

— ^Another, A. U. 693, alx)ut exempting the city and Italy from 
taxes, Dio. xxxvii. 51. 



168 ROMAN ANTIQUITIES. 

t 

Lex CALPURNIA, A. U. 604, against extortion, by which law, 
the first qvastio ptrpetua was established, Ctc. Vtrr. iv. 25. Of. ii. 
21. 

— "— Another, called also Acilia, concerning bribery, A. V. 686. 
Cic. pro Mur. 23. Brui. 27. Sail. Cat. 18. 

Lex CANULEIA, by a tribune, A. U. 309, about the intennar* 
riage of the patricians with the plebeians, Liv. iv. 6. 

Ijex CASSIA, That those, whom the people condemned, should 
be excluded. from the senate, Ascon. in Cic pro Corru Another 
about supplying the senate, Tacit, xi. 35. Another, That the peo- 
ple should vote by ballot, &c. See p. 86. 

Lex CASSIA TERENTIA Frumentaria, by the Consuls C. Cas- 
sius and M. Terentius, A. U. 680, ordaining, as it is thought, that 
five bushels of com should be given monthly to each of the poorer 
citisens, which was no more than the allowance of slaves, SalluiL 
hist.fragm. (p. 974. ed Cortiif) and that money should be annually 
advanced from the treasury for purchasing 800,000 bushels of wheat, 
(Tritici iMPERATi,) at four sesleriiia. bushel; and a second tenth 
part {alteras decumas)^ (see p. 70.) at three sestertii a bushel {pro 
DBCDBf ANO), Cic. Ferr. iii. 76. v. 21. 

This com was given to the poor by the Sempronian law, at a «e- 
mis and triens a bushel ; and by the Clodian law, gratis. In the 
time of Augustus, we read that 200,000 received corn from the pub« 
lie, Dio. Iv. 10. Suet. Aug. 40. 42. Julius Ccesar reduced them 
from 320,000 to 150,000, Suet. Jul. 41. 

Lex CENTURIATA, the name of every ordinance made by the 
Comitia Centuriaia^ Cic. in Rull. ii. 11. 

Lex CINCIA de donis ei muneribus, hence called MUNERALIS, 
Plaut. apud Feslum, by Cincius, a tribune, A. U. 549, That no one 
should take money or a present for pleading a cause, Cic. de SenuL 
4. de Oral. ii. 7. Ati. i. 20. Tacit. Ann. xi. 5. Liv. xxxiv. 4. 

Ltx CLAUDIA de navibus, A. U. 535, That a senator should 
not have a vessel above a certain burden. (See p. 16.) A clause ia 
supposed to have been added to this law, prohibiting the quaestor's 
clerks from trading, Suet. Dom.-9. 

Another by Claudius the consul, at the request of the allies, A. U. 
573, That the allies, and those of the Latin name, should leaTe 
Rome and return to their own cities. According to this law the 
consul made an edict, and a decree of the senate was added. That 
for the future no person should be manumitted, unless both master 
and slave swore that he was not manumitted for the sake of chang- 
ing his city. For the allies used to give their children as slaves to 
any Roman citizen on condition of their being manumitted, {ut Ii- 
bertini cives essent,) Liv. xli. 8. it 9. Cic. pro Balb. 23. 

" ^by the Emperor Claudius, That usurers should not lend mo- 
ney to minors, to be pakl after the death of their parents, TaciU Ann. 
xi. 13. supposed to be the same with what was called Senatus- 
coNsuLTUM Macedoniandii, Vlpion. enforced by Yespamn, SueU 
1 L To this crime Horace alludesi SaL 1 2. v. 14. 



, LAWS OF THE ROMANS. 169 

^by the consul Marcellus, 703, That no oiie should lie allowed 

lo stand candidate tor att office while absent ; thufl taking from C»- 
sar the privilege granted him by the Pompeian law ; (Casari privi" 
iegimn eripiens, vel benfficvim populi adimens ;) also, That the free- 
dom of the city should be taken from the colony of the Jiovumcomtan^ 
which Csesar had planted, Su^t. JuL 1:28. Gic, Fam, xiii 35. 

Ltgeff CLODIiE, by the tribune P. Clodius, A. U. 685. 

1. That the com which had been distributed to the people 

for six asses and a triens the bushel, should be given gratis, Cic pro 
Sext. 25. Ascon. in Cic. See p. 168. 

2. That the censors should not expel from the senate, or in- 
flict any mark of infamy, on any man, who >^as not first openly accus- 
ed and condemned by their joint sentence, Cic, ibid. — in Pis. 5. Dio. 
xxxviii. 13. 

—3. That no one should take the auspices, or observe the 
heavens, when the people were assembled on public business : and, 
in short, that the u£iian and Fusian law should be abrogated. (8ee 
p. 84.) Cic, VcU, 6. 7. 9. Stxt, 15. 26. Pro-o, Cons, 19. Jiscon. in 
Pis. 4, 

4. That the old companies or fraternities {coUtgia) of arti- 
ficers in the city, which the senate had abolished, should be restor- 
ed, and new ones instituted, Cic, in Pis. 4, Suet, JuL 42. 

These laws were intended to pave the way for the following : 

— — 5. That whoever had taken the life of a citizen uncondemned 
and without a trial, should be prohibited from fire and water ; by 
which law Cicero, although not named, was plainly pointed at ; 
Vtll. ii. 45. and soon after, by means of a liired mob, his banishment 
was expressly decreed by a second law, Cic, pro Dam, 18. 19. 20. 
post red, in Se?i, 2. 5. &c. 

Cicero had engaged Ninius, a tribune, to oppose these law$, but 
was prevented from using his assistance, by the artful conduct of Clo- 
dius, Dio. xxxviik 15. and Pompey, on whose protection he had rea- 
son to rely, betrayed him, ibid, 17. Plutarch. — Cic. Att, x. 4. Cae- 
sar, who was then witliout the walls with his army, ready to set out 
for liis province of Gaul, oilered Xxy make him one of his lieutenants ; 
but this, by the advice of Pompey, he declined, Dio, xxxviii. 15k 
Crassus, although secretly tmmical Cb Cicero, ibid, yet .at the per- 
suasion of his sort, who was a great admirer of Cicero, Cic, Q.fr. ii. 
9. did not openly oppose him, Cic. Sext. 17. 18. But Clodius de- 
clared that what he did was by the authority of the Triumviri, Cic 
Sext. 16. 18. and the interposition of the senate and EqiUies, vrho^io 
the number of 20,000, changed their habit on Cicero's account, Cic. 
poH red. ad Quirit. 3. was rendered abortive by means of the con- 
suls, Piso, the father-in-law of Csesar, and Gabinius, the creature of 
Ptimpey, Cic, Sext. IL 12. 13. &c. .Cicero, therefore, after seve- 
ral mean complicuices, putting on the habit of a criminal, Dio. 
xxxviii. 14. and even throwing himself at the feet of Pompey, Cic. 
AUv ju 4. was at last obliged to leave the citv, about the end of 

22 



170 ROMAN ANTIQUITIES. 

March, A. U. 695. He was prohibited from coming within 468 
miles of Rome, under pain of death to himself, and to any person 
who entertained him, Cic, AtL iii. 4. Dio, xxxviii. 17. He there* 
fore retired to Thessalonica in Macedonia, Cxc, Plane. 41. Red. in 
Senat. 14. His houses at Rome and in the country were burnt, 
and his furniture plundered, ibid. 7. pro Dom, 24. Cicero did not 
support his exile with fortitude ; but showed marks of dejection, and 
uttered expressions of grief, unworthy of his former character, Dto, 
xxxviii. 18. Cic. AiL iii. 7. 8. 9. 10. 11. 13. 15. 19. Ac. He was 
restored with great honour, through the influence of Pompey, by a 
very unanimous decree of the senate, and by a law passed at the Co^ 
rnitia Centuriata^Aih August, the next year, Cic. ML iv. I. post red, 
ad Qidr. 7. in Senat. 11. Mil. 20. Pis. 15. Dio. xxxix. 8. Had Cicero 
acted with as much dignity and independence, after he reached the 
summit of his ambition, as he did with industry and integrity in as- 
piring to it, he needed not to have owed his safety to any one. 

6 . That the kingdom of Cyprus should be taken from Ptole- 
my, and reduced into the form of a province, Cic. pro Dom. 8. t^elL 
ii. 45. the reason of which law was to punish that king for having re- 
fused Clodius money to pay his ransom, when taken by the pirates, 
and to remove Cato out of the way, by appointing him to execute 
this order of the people, that he might not thwart the unjust pro* 
ceedings of the tribune, nor the views of the triumviri^ by whom 
Clodius was supported, Cic. pro Sext. 18. 28. Dom. 25. Dio. xxxviii. 
30. xxxix. 22. 

7. To reward the consuls Piso and Gabinius, who had fa- 
voured Clodius in his measures, the province of Macedonia and 
Greece was by the people given to the former, and Syria to the lat- 
ter, Cic.ibid. 10. 24. in Pis. 16. 

8. Another law was made by Clodius to give relief to the 

private members of corporate towns (mimicipiorum), against the 
public injuries of their communities, Cic. pro Dom: 30. 

9, Another, to deprive the priest of Cybele, at Peanus in 

Pbrygia, of his office, Cic. Sexi. 26. de resp. Harusp. 13. 

Lex COELIA labellaria pcrditellionis, by Coelius, a tribune. See 
p. 86. 

Lfges CORNELIiE, enacted by L. Cornelius Sylla, the dictatoft 
A. U. 672. 

1. De proscriptione el proscriptis^ against his enemies, and 

in favour of his friends. Sylla first introduced tlie method of pro- 
scription. Upon his return into the city, after having conquered 
the party of Marius, he wrote down the names of those whom he 
doomed to die, and ordered them to be fixed up on tables in the 
public places of the city, with the promise of a certain reward (duo 
talenta) for the head of eac|) person so proscribed. New lists (to&u- 
la proscripiionis) were repeatedly exposed, as new victims occurred 
to his raenK>ry, or were suggested to him. The fiist list contained 
the names of 40 senators, and 1600 equites, Appian. B. Civ^ i. 409. 



LAWS OF THE ROMANS. 171 

Incredible numbers \^re massacred, not only at Rome, but through 
all Italy, Dio. Fragm. 137. Whoever harboured or assisted a pro- 
scribed person was put to death, Ctc. in Verr, i. 47. The goods of 
the proscribed person were confiscated, Cic, pro Rose. JImtr. 43» 
44 in Rull, iii. 3. and their children declared incapable of honours, 
VelL Pat. ii. 28. Cic. in Pis. 2. The lands and fortunes of the slain 
were divided among the friends of Sylla, ScUlust, Cat. 51. who were 
.allowed to enjoy preferments before the legal time, Cic'Acad. ii. 1. 
'Be AIunioipiis, That the free towns which had sided, with 
Marius should be deprived of their lands, and the right of citizens ; 
the last of which Cicero says could not be done, {Quia jure Romano 
civitas rtemini irroito adimi poterat,) pro Dom. 30. Csecin. 33. 

Sylla being created dictator, with extraordinary powers, by L. 
Valerius Flaccus, the Interrex^ in an assembly of the people by cen- 
turies, Appian: B. civ. i. 411. and having there got ratified whatever 
he had done, or should do, by a special law, {sive Valeria, sive 
Cornelia, Cic. pro Rose. Am. 43.) Cic. in RulL iii. 2. next pro- 
ceeded to regulate the state, and for that purpose made many good 
laws. 

2. Concerning the republic, the magistrates, (see p. 98.) the 

Provinces, (see p. 42.) the {>ower of &e tribunes, (see a 125.) 
%at thejudices should be chosen only from the senators : That the 
priests should be elected by their respective colleges, Ascon. ad Cic, 
Divin. in Verr. 3. 

3. Concerning various crimes : — de Maje&ttate, Cic. in Pis. 21. 
pro Cbuni. 35. ad Fam. iii. 11. (see p. 143.) — de Repetundis, Cic 
pro Rabir. 3. (see p. 113.) — de Sicariis et Veneficis, those who 
Killed a person with weapons, or poison ; also, who took away the 
life of another by false accusation, &c.— One, accused by this law, 
was asked whether he chose sentence to be passed on him by voice 
or by ballot ; (palam an clam.) Cic. pro Cluent. 20. — de Incbndi- 
ARtis, who fired houses ; — dc Parriciois, who killed a parent or 
relatbn ; de Falso, against those who forged testaments or any other 
deed ; who debased or counterfeited the public coin, {qui in aurum 
vitU quid 4iddiderint vel adulterinos nummos fecerint,) &c. Hence 
thb law is called by Cicero, Cornelia Testament aria, nummaria, 
in Verr. i. 42. • 

The punishment annexed to these laws was generally, aqicce et tg- 
nis interdictio, implying banishment. 

Sylla also made a sumptuary law, Umiting the expense of enter- 
tainments. Gelt. ii. 24. Macrob. Sat. ii. 13. 

There were other leges CORNELIiE, proposed by Cornelius, 
the tribune, A, U. 686 : That the prcetors in judging should not va- 
ry firom their edicts. (See p. 110.) That the senate should not de- 
cree about absolving any one from the obligation of the laws, with- 
out a quorum of at least two hundred, Ascon. in Cic. pro Cornel. 

Lex CURIA, by Curius Dentatus, when tribune, A. U. 454. 
That the senate should authorize the comitia for electing plebeian 
magistrates, Aur. Vict. 37. Cic. de Clar. Oral. 14. 



173 ROMAN ANTIQUITIBS. 

Leges CURIATiE, made by the people assembled by ciirta. See 

p. 74. 

Lex DECIA, A. U. 443, That Duumviri navales should be crea* 
ted for equipping and refitting a fleet, Liv. ix. 30. 

Lex DIDIA, sumptuaria, A. U. 610, limiting the expense of en^ 
tertainments, and the number of guests : That the sumptuary laws 
should be extended to all the Italians ; and not only the master of 
the feast, but also the guests, should incur a penalty for their of* 
fence, Macrob, Sat. ii. 13. 

Lex DOMITIA de sacerdotiis^ the author, Cn. Domitius Ahcno- 
barbus, a tribune, A. U. 6.50, Xhat priests, (i. e. the poniifices^ 
augureSf and decemviri sacris faciendis^) should not be chosen by 
the colleges, as formerly, but by the people, (see p. 91.) Suet, Xer. 
2. Cic. RulL ii. 7. The Poniifex Maximus and Curio Maximum 
were, in the first ages of the republic, always chosen by the people, 
Liv. XXV. 5. xxvii. 8. 

Lex DUILiIA, by Duilius, a tribune, A. U. 304, That whoever 
left the people without tribunes, or created a magistrate from whom 
there was no appeal, should be scourged and beheaded, Ltr. iii. 3& 

Lex DUILIA MJENIA de unciario fanore, A. U. 306. fixing the 

interest of money at one per cent. Liv» vii. 16. Another, making 

it capital for one to call assemblies of the people at a distance from 
the city, ibid. 

Lex FABIA de plagio vel plagiariis, against kidnapping, or steal- 
ing away and retaining freedmen or slaves, Cic, pro Rabir. perd. 3. 
adQuinct. Fr. i. 2. The punishment at first was a tine ; but after- 
wards to be sent to the mines ; and for buying or selling a freeborn 
citizen, death. 

Literary thieves, or those who stole the works of others, were 
also called Plagxarii, MartiaL i. 53. 

Another, limiting the number of Spectatores that attended 

candidates when canvassing for any office. It was proposed, but 
did not pass, Cic, pro Murtzn. 34. 

The Spectatores, who always attended candidates, were dis- 
tin^ished from the Salutatores, who only waited t>n them at 
their house in the morning, and then went away ; and from the De- 
. fiucTOREs, who also went down with them to the Forum and Cam- 
pus Martins ; hence called by Martial, Antambolonis, ii. 81. CiV. 
de pet. cons. See p. 81. 

Lex FALCIDIA teslamentaria, A. U. 713, That the testator 
should leave at least the foiulh part of his fortune to the person 
whom he named his heir. Paul, ad leg. Falced. — Dio. xlviii. 33. 

Lex FANNIA, A. U. 588, limiting the expenses of one day at 
festivals to 100 asses, whence the law is called by Lucilius Cen- 
Tussis ; on ten other days every mofith, to thirty ; and on all other 
days, to ten asses : also, that no other fowl should be served upt, 
{ne quid valucrium vol volucre poneretur^) except one hen, and that 
not fattened for the purpose, {qmr rton ahiiis esset.) Gell. ii. 24. Ma- 



LAWS OF THE ROMANS. 178 

crob. Sat. ii. 13. {quod deinde capui translatumf per omnes leges amF- 
»t(fav«t.)Plin.x. 50. 8. 71. 

Lex FLAMINIA, A. U. 521. about diyiding among the soldiers 
the lands of Picenum, whence the Galli Senones had been expell- 
ed ; which afterwards gave occasion to various wars, Polyh. ii. 21. 
Cic, Sen, 4. 

Lex FLAYIA agruria^ the author 1^. Flavius, a tribune, A. U. 
695. for the distribution of lands among Pompey's soldiers ; which 
excited so great commotions, that the tribune, supported by Pom* 
pey, had the hardiness to commit the consul M etellus to prison for 
opposing it, Dto. Cass, xxxvii. 50. Civ, Ait. 1. 18. 19. ii. 1. 

Leges FRUMENTARIiE, laws for the distribution of corn 
amon^ the people, first at a low price, and then gratis ; the chief 
of which were the Sempronian, Apuleian, Cassian, Clodian, and Oc** 
tavian laws. 

Lex FURIA, by Camillus the dictator, A. U. 385, about the crea- 
tion of the curule ediles, Liv. \'u 42. 

Lex FUFIA, A. U. 692, That Clodius should be tried for violating 
the sacred rights of the Bona Dea^ by the praetor, with a select 
bench of judges, and not before the people, according to the decree 
of the senate, Cic. ad Att. i. 13. 14. 16. Thus by bribery he pro- 
cured his acquittal, Dto. xxxvii. 46. 

Lex FULVIA, A. U. 628. about giving the freedom of the city 
to the Italian allies ; but it did not pass, Appian. de bell. civ. i. 371. 
FiaL Max. ix. 5. 

Lex FURIA vel Fusia, (for both are the same name, Liv. iii. 4. 
Quinclilian. i. 4. 13.) de testamentis^ That no one should leave by 
way of legacy more that 1000 asses^ and that he who took more 
should pay fourfold, Cic. in Verr. \. 42. pro Balb. 8. Theophil. ad 
Instii. ii. 22. By the law of the Twelve Tables, one might leave 
what legacies he pleased. 

Lex FURIA ATILIA, A. U. 617, about giving up Mancinus to 
the Numantines, with whom he had made peace, without the order 
of the people or senate, Cic. Off. iii. 30. 

-Leo? FUSIA de comitiii, A. U. 691, by a prsetor. That in the Co- 
mitia TViAu/a, the different kinds of people in each tribe should vote 
separately, that thus the sentiments of every rank might be known, 
Dto. xxxviii. 8. 

Lex FUSIA vel Furia CANINIA, A. U. 751, limiting the number 
of slaves to be manumitted, in proportion to the whole number 
which any one possessed : from two to ten, the half, from ten* to 
thirty, the third, from thirty to a hundred, the fourth part ; but not 
above a hundred, whatever was the number. Vopisc. Tacit. 11. . 
Paul. Sent, iv! 15. See p. 45. 

Leges GABINliE, by A. Gabinius, a tribune, A. U. 685, That 
Pompey should take the command of the war against the pirates 
with extraordinary powers, {cum imperio exiraordinario^) Cic. pro 
leg. Manil. 17. Dio. xxxvi. 7. That the senate should attend to the 



174 • ROMAN ANTIQUITIBSS. 

hearing of embassies the whole month of Febraary, Cic. ad Quinct, 
Fr. ii. 2. 13. That the people should give their votes by ballot, 
and not viva voce as formerly, in creating magistrates. (See p. 87.) 
That the people of the provinces should not be allowed to borrow 
money at Rome from one person to pay another, {versuram facere^) 
Cic. Att. V. 21. vi. 2. 

There is another Gabinian law,. mentioned by Porcius Latro, in 
his declamation against Catiline, which made it capital to hold clan- 
destine assemblies in the city, c. 19. But this author is thought to 
be supposititious. See Cortius on Sallust. 

It is certain, however, that the Romans were always careful to 
prevent the meetings of any large bodies of men, (/tef^ence,) which 
they diought might be converted to the purposes of sedition, Plin. 
Ep. X. 43. 94. On this account, Pliny informs Trajan, that accord- 
ing to his directions he had prohibited the assemblies of the Chris- 
tians, Id. 97. 76. 

Lex GELLIA CORNELIA, A- U. 6»1, confirming the right of 
dtizenship to those to whom Pompey, with the advice of his council, 
{de consilii sententia,) had granted it, Cic. pro Balb. 8« 14. 

Z.ea: 6ENUCIA, A. U. 411, That both consuls might be chosen 
from the plebeians, Liv, vii. 42. That usury should be prohibited : 
That no one should enjoy the same office within ten years, nor be 
invested with two offices in one year. Ibid, 

Irex GENUCIA iEMILIA, A. U. 390, about fixing a nail in the 
right side of the temple of Jupiter, lAv, vii. 3. 

Lex GLAUCIA, A. U. 653, granting the right of judging to the 
Eqtdtes. Cic de clar. Orator. 62. — De repetundis. See Lex Ser- 

▼IMA. 

I^ex GLICIA, de inofficioso iestamento. See p. 61. 

Lea HIERONICA, y^el frvmcntariaf Cic. Verr. ii. 13. containing 
the conditions on which the public lands of the Roman people in 
Sicily were possessed by the husbandmen. It had been prescribed 
by Hiero, tyrant of Syracuse, to his tenants, {its qui agros regis co- 
lerent^) and was retained by the Prastor Rupilius, with the advice 
of his council, among the laws which he gave to the Sicilians, when 
that country was reduced into the form of a province, Ctc. Verr. \\u 
8. 10. It resembled the regulations of the censors, (Leges Censo- 
Rix,) in their leases and bargains, {in locaiionibtis et pactionibmj) 
and settled the manner of collecting and ascertainii^the quantity of 
the tithes, Cic. Verr. v. 28. 

Lex HIRTIA, A. U. 704, That the adherents of Pompey, {Pom-^ 
peiani) should be excluded from preferments, Ctc. Phil. xiii. 16. 

Lex HORATIA, about rewarding Caia Tarratia, a*vestal viiigia, 
because she had given in a present to the Roman pebple, the Cam- 
pus Tiburtinus, or Martitis : That she should be admitted to give 
evidence (testabilis esset), be discharged from her priesthckxlX'^cou- 
gurari posset), and might marry, if she chose, Gell. vi. 7. 

Lex HORTENSIA, That the nundina or market-days, which 



LAWS OF THE ROMANS. * 175 

tiled to be held as/enee or holidays, should be fasti or court days : 
That the country people, who came to town for market, might then 
get their lawsuits determined, Qitts componerenty) Macrob. Sat. i. 16* 

/rex HORTENSIA, ds pUbisciHs. See p. 29. 91. 157. 

Lex HOSTILIA, dtfuriis^ about thefl, is mentioned only by Jus- 
tinian, InsliL iv. 10. 

Lex ICILIA, de tribums^ A. U. 261, That no one should contra* 
dKt or interrupt a tribune, {irUerfari tribuno^) while speaking to the 
people, Dionys. vii. 17. 

^Another, A. U. 267, de Aventino publicando^ That the Aven- 

tine hill should be common for the people to build upon. Id, x. 32. 
Iav, iii. 13. It was a condition in the creation of the decemviri^ 
that this law, and those relating to the tribunes, (LEGES SACRA- 
TiE») should not be abrogated, Liv. iii. 32. 

Lex JULIA, de civitate sodis ei Lalinis dandA ; the author L. 
Julius Caesar, A. U. 663, That the freedom of the city should be 
given to the Latins and all the Italian allies, who chose to accept of 
it, (qm ei legi fundi fieri velleni^ Cic. pro Balb. 8. Gell. iv. 4. See 
p. 41. 67. 

Leges JULI^, laws made by Julius Cesar and Augustus : 

1. By C. Julius Csesar, in his first consulship, A. U. 694, 

and afterwards when dictator : 

Lex JULIA Agraria, for distributing the lands of Campania and 
Stella, to 20,000 poor citizens, who had each three children or more, 
Cic. pro Plane. 5. Alt. ii. 16. 18. 19, VtU. ii..44. Dio. xxxviil 

When Bibulus, Caesar^s colleague in the consulate, gave his nega- 
tive to this law, he was driven from the Forum by force. And next 
day having complained in the senate, but not being supported, he 
was so discouraged, that during his continuance in office for eiffht 
months, he sliut himself up at home, without doing any thing, but 
interposing by his edicts, (»<, quoad potestate abiret^ domo abditus 
nihil cUiud quam per edicta obnuniiarely) Suet Jul. 20. Dio. xxzviii. 
6. by which means, while he wished to raise odium against his col- 
league, he increased his power. Veil, ii. 44. M etellus Celer, Cato» 
and his great admirer (amulator) M. Favonius, at first refused to 
swear to this law ; but constrained by the severity of the punishment 
annexed to it, which Appian says was capital, de Bell. Civil, ii. 434. 
they at last complied, Dio. xxxviii. 7. Plutarch, in Cato. Minor. 
This custom of obliging all citizens, particularly senators, within a 
limited time, to signify their approbation of a law by swearing to 
support it, at first introduced in the time of Marius, (See Leges Ap^ 
puleim,) was now observed with respect to every ordinance of the 
people, however violent and absurd, Dio. xxxviii. 7. Cic, Sext. 28. 

-— -</e PuBucANis tertiu parte pectinics debitce relevandis, about 

remitting to the farmers-general a third part of what they had stipu- 
lated to pay, Suet* ibid. Cic. pro Plane. 14. i)io. ibid. Appian. B. * 
Civ. ii. 435. See p. 32i When C^Xo opposed this law with ^^ 



178 EOMAN ANTIQUITIES. 

usual firmness, Ceesar ordered him to be hurried away to prison ; 
but fearing lest such violence should raise odium against him, he 
desired one of the tribunes to interpose and free him, Pluiarch, in 
Cess. 

Dio says that this happened when Cato opposed the former law 
in the senate, xxxviii. 3. So Suet. Cas. 20. GelL iv. 10. When 
many of the senators followed Cato, one of them, named M. Petre- 
ius, being reproved by Csesar for going away before the house was 
dismissed, replied, " I had rather be with Cato in prison, than here 
with Caesar," ibid. See p. 24. 

^For the ratification of all Pompey's acts in Asia. This 

law was chiefly opposed by •Lucullus ; but Cssar so frightened him 
with threatening to bring him to an account for his conduct in Asia 
that he promised compliance on his knees. Suet. ibid. 

de Provinciis ordinandis ; an improvement on the Cor^ 

ntlian law about the provinces ; ordaining that those who had been 
praetors, should not command a province above one year, and those 
who had been consuls, not above two years, Cic. Phil. I. 8. Dio. 
xliii. 25. Also ordering that Achaia, Thessaly, Athens, and all 
Greece, should be free and use their own laws, Cic. in Pis. 16. 

•— de Sacerdotus, restoring the Do)nitian law^, and permit- 
ting persons to b^ elected priests in their absence, Cic. ad Brut. 5. 

JuDiciARiA, ordering tlie judices to be chosen only from 

the senators and equites, and not from the tribuni aj-ariiy Suet. Jul. 
41. Cic Phil. i. 9.. 

de Repetuxdis, very severe {acerrima) against extortion. 

It is said to have contained above 100 heads, Cic. Fam. viii. 7. in 
Pis. 16. 21. 37. Sext. 64. pro Rabir. Posth. 4. Vatin. 12. ad Attic. 
v. 10. ^ 16. Suet. Jul. 43. 

de Leoatiombus liberis, limiting their duration to five 

years, (see p. 29.) Cic. Att, xv. 11. They were called liheroi qubdy 
ctim vclis, introire, exire liceat, ibid. 

de Vi FUBLiCA ET PRiVATA, e/de majestate, Cic. Phil. 

i. a 9. 

de Pecukiis mutuis, about borrowed money. See p. 50. 

Dio. xli. 37. xlii. 51. Cas. B. C. iii. 1. 20. 42. 

de Mono pecunia possidendje, that no one should keep by 

him in specie above a certain sum, (lx sestertia,) Dio. xli. 38. Tacit, 
Anrml. vi. 16. 

— I—About the population of Italy, That no Roman citizen should 
remain abroad above three years, unless in the army, or in public 
business ; that at least a third of those employed in pasturage should 
be free*bom citizens: Also about increasing the punishment of 
crimes, dissolving all corporations or societies, except the ancient 
ones, granting the freedom of the city to physicians, and professors 
of the liberalarts, <^c. Suet. 42. 

de Rbsiduis, about bringing those to account who retained 

any part of the public money in their hands, Maman. /. 4. § 3. ad 
leg. Jul. 



LAWS OF THE ROMANS. in 

--^ — de LiBBftis pRoscRiPTORUM, That the children of those pro* 
icribed by Sylla should be admitted to enjoy preferments* Suet, Jti/« 
41. which Cicero, when consul* had opposed, Cic, in Pis. 2. 

SuMPTUARiA, Suet. Jul. 43. Cic. ad Atl. xiii. 7. Fam. vii.26. 

ix. 15. It allowed 200 HS. on the dik's profesti ; 300 on the ka- 
lends, nones, ides, and some otijer feistivals ; 1000 at marriage-feasts, 
(nttptUs et repotiisj) and such extraordinary entertainments. Gellius 
ascribes this law to Augustus, iL 24. but it seems to have beea 
enacted by both, Dio. liv. 2. By an edict of Augustus or Tiberius* 
the allowance for an entertainment was raised in proportion to its 
solemnity, from 300 to 2000 Hs. Ge//. ibid. 

de veneficiisy about poisoning. Suet. Ner, 33. 

2. The Leges JULIiE made by Augustus were chiefly : 

Concerning marriage, {de marilandis ordinib^is^ Suet. Aug. 
34. hence called by Horace lex uarita, Carm. Secul. v. 68.) JLiv, 
EpiL 59. Suei. 89. 

de Adulteriis, et depudicitia^ Plin. Ep. vi. 31.-^de amiifff* 

Suet 34. against forestalling the market, (nequis contra annonamfi* 
cent, societatemve coierit^ qiid annona cariorjiaty Ulpian.) 

de TuTORiBus, That guardians should be appointed for or* 

phans in the provinces, as at Rome, by the Mlian law, Justin. Imt^ 
de Alii. tut. 

Lex JULIA theatralis. That those equites, who jthemselves, 
their fathers, or grandfathers, had the fortune of an eques^ should sit 
in the fourteen rows assigned by the Roscian law to that order, Suel. 
Aug. 40. Plin. xxxiii. 2. s. 8. 

There are several other laws called Leges Julia^ which occur on- 
ly in the Corpus Juris. 

Julius CaRsar proposed revising all the laws, and reducing them 
to a certain form. But this, with many other noble designs of that 
wonderful man, was prevented by his death, Sutt. Jul. 44. 

Lex JUNIA, by M. Junius Pennus, a tribune, A. U. 627, about 
expelling foreigners from the city. See p. 73. Against extortion* 
ordaining, that besides the litis csstimatio^ or paying an estimate of 
the damages, the person convicted of this crime snould suffer ba- 
nishment, Paterc. ii, 8. Cic. pro Balo. 11. 

Another, by M. Junius Silanus, the consul, A. U. 644. about 

diminishing the number of campaigns which soldiers should serve* 
Ascon. in Cic, pro Cornel. 

Lex JUNIA LICINIA, or Junia et Licinia, A. U. 691. enforcing 
the Dldian law by severer penalties, Cic. Phil. v. 3. pro Sext. 64. 
Vatin. 14. Att. iv. 16. ii. 9. 

Lex JUNIA NORBANA, A. U. 771. concerning the manumis* 
sion of slaves. See p. 45. 

Lex LABI£NA« A. U. 691, abrogating the law of Sylla, and rt^ 
atoring the Domitian law in the election of priests ; which paved 
the way for Casar^s being created Pontifex JIhxinms, Dio. xxxvil 

23 



178 ROMAN ANTIQUITIES. 

37. By this law, two of the colleges named the candidatesi and the 
people chose whicii of them they pleased, Cic. PhxL ii. 2. 

Lex AMPLA LABIENA, by two tribunes, A. U. 663. That at 
the Circensian games, Pompey should wear a golden crowD» and 
his triumphal robes v and in the theatre, ih& praiexia and a golden 
crown ; which mark of distinction he used only once. Paterc, ii. 40. 

Lex LiETORIA, A. U. 292. *That the plebeian magistrates 
should be created at the Comilia Tribuiaf iAv. ii. 56. 57. 

A nother, A. U. 490. against the defrauding of minors, {con* 
tra adolescentium circumscripiionem,) Cic. Off. iii. 15. By this law 
the years of minority were limited to twenty-five, and no one below 
that age could make a legal bargain, {stipulari,) Plaut. Rud. v. 3. 
25. whence it is called Ltx Quina vicknnaeia, Plaui. Pseud, i. 3. 
68. 

Liges LICINI^, by P. Licinius Varus, a city prsetor, A. U. 545. 
fixing the day for the ludi Apollinares, which before was uncertain^ 
lAv. xxvii. 23. 

by C. Licinius Crassus, a tribune, A. U. 608. That the 

choice of priests should be transferred from their college to the peo** 
pie ; but it did not pass, Cic. de Amic, 25. 

This Licinius Crassus, according to Cicero, first introduced the 
custom of turning his face to the Forum, when he spoke to the peo- 
pie, and not to the senate, as formerly, ( primium inslituit in foruni 
"Dtrsus agere cum populOf) ibid. But Plutarch says this was first done 
by Caius Gracchus, PluL in Gracch. 

by C. Licinius Stolo, A. U. 377. That no one -should pos- 
sess above 500 acres of land,. Liv. vi. 35. nor keep more than 100 
head of ^eat, or five hundred head of small cattle, Appian. de BeU. 
Civ. i. ^ut Licinius himself was soon after punished for violating 
his own law, Liv. vii. 16. 

by Crassus the orator, similar to the ^butian law, Cic: pro 

Dom. 20. 

Lex LICINIA, de sodalitiis et de amhitu, A. U. 698. against bri* 
bery, and assembling societies or companies for the purpose of can- 
vassing for an ofiice, Cic, pro Plane, 15. 16. In atrial for this crime, 
and for it only, the accuser was allowed to name (edere) the jury- 
men {judices). from the people in general, {ex omni populoj) ibid. 17. 

Lex LICINIA sumptuaria, by the consuls P. Licinius Crassus the 
Richj and Cn. Lentulus, A. U. 656. much the same with the Fan- 
man law : That on ordinary days there should not be more served 
up.at table than three pounds of fresh, and* one pound of salt meat, 
{salsamentorum ;) but as much of the fruits of the ground as every 
one pleased, Macrob, ii. 13. GelL ii. 24. 

Lex LICINIA CASSIA, A. U. 422. That the legionary tribunes 
shoidd not be chosen that year by the people, but by the consub and 
pTOtors, Liv. xlii. 31. 

Lex LICINIA SEXTA, A. U. 377. about debt. That what had 
been paid for the interest {quod usuris pemufneralum esset) should 



LAWS OP THE ROMANS. Hf 

be dedaoled from the capital, and the remainder paid in three years 
by equal portions, Liv, vi« 35. That instead of Dvumviri for per- 
forming sacred rites, Decemviri should be chosen, part from the 
patricians, and part from the plebeians, Iav. vi. 11. That one of 
the consuls should be created from the plebeians, ibid, y\, 35. See 
p. 106. 

Lex LICINIA J UNI A, or Junia et Lidnia, by the two consuls, 
A. U. 691. enforcing the lex Cicilia Didia, Cic in Vat. 14. whence 
both laws are often^ joined, Cic, Phil. v. 3. pro Sext. 64 Jltt. ii. 9. 
iv. 16. 

ZreT LICINIA MUSI A, A. U. 658. That no one should pass 
for a citizen who was not so, Cic, Off. iii. 11. pro Balb. 21. 24 
which was one principal cause of the Italic or Marsic wars, Ascon. 
in Cic. pro Cornel. 

Leges LIVIiE, proposed by M. Livius DRUSUS, a tribune, A. 
U. 662, about transplanting colonies to different places in Italy and 
Sicily, and granting corn to poor citizens at a low price ; and also 
that the jiidkes should be chosen indifferently from the senators and 
equiteSf and that the allied states of Italy should be admitted to the 
freedom of the city. 

Drusus was a man of great eloquence, aqd of the most upright in- 
tentions ; but endeavouring to reconcile those, whose interests were 
diametrically opposite, he was crushed in the attempt ; being mur* 
dered by an anknown assassin at his own house, upon his return 
from the Forum, amidst a number of clients and friends. No in- 
quiry was made about his death. The states of Italy considered 
this event as a signal of revolt, and endeavoured to extort by force 
what they could not obtain voluntarily. Above 300,000 men fell in 
the contest in the space of two years. At last the Romans, although 
upon the whole they had the advantage, were obliged to grant the 
freedom of the city, first to their allies, and afterwards to all the 
states of Italy, Appian. dt Bell. Civ. i. 373, i'-c. Fell, Pat. ii. 15. Liv. 
Epit. 71. Cic. Brxii. 28. 49. 62. pro Rab%r. 7. Plane. 14 Dom. 19. . 

This Drusus is also said to have got a law passed for mixing an 
eighth part of brass with silver, Plin. xxxiii. 33. 

But the laws of Drusus (leges Livia,) as Cicero says, were soon 
abolished by a short decree of the senate, {uno versiculo senatus 
punclo temporis sublata sunt, Cic de legg. ii. 6. Decrevit emm sena- 
tus Philippo coSy referente, Contra auspicia latas yideri.) 

Drusus was grandfather to Livia, the wife of Augustus, and mor 
ther of Tiberius. 

Lex LUTATIA, de vi, by Q. Lutatius Catulus, A. U. 675. 
That a person might be tried U)r violence on any day, Cic. pro CceL 
i 29. festivals not excepted, on which no trials used to be held, Cic, 
Act. in Verr. 10. 

Lex MiENIA, by a tribune, A. U. 467. That the senate should 
ratify whatever the people enacted, Cic. in Brut, 14. See p. 29. 

Jux MAJESTATIS, for punishing any crime against the people, 



186 ROMAN ANTIQUITIES. 

tod afterwardi against the emperor, Cornelia^ ire, Cic« in Pkk SH 
Tacit. Ann. iv. 34. 

Ltx MAMTLIA, de limiiibus vel dt regundis Jinibus agrortnn^ for 
regulating the bounds of farms ; whence the author of it, C. Mami* 
lius, a tribune, A. U. 643. got the surname of Limitanus. It or« 
dained, That there should be an uncuhivated space of five feet broad 
left between farms ; and if any dispute happened about this matter, 
that arbiters should be aJDpointed by the praetor to determine iU 
The law of the Twelve Tables required three, Cic. de legg, i. 21. 

.. -Another, by the same person, for punishing those who had 
received bribes from Jugurtha, SalL Jug. 40. 

Lex MANILIA, for conferring on Pompey the command of tbe^ 
war against Mithridates, proposed by the tribune C. M anilius, A. U. 
687. and supported by Cicero when praetor, de leg. ManiL and by 
Caesar, from different views ; but neither of them was actuated by 
laudable motives, Dio» xxxvi. 36. 

Another by the same. That freedmen might vote in all the 

tribes, Cic. pro jflur. 23. whereas f6rmerly they voted in some one 
of the four city tribes only. (See p. 90.) Bat this law did not 
pass, Jlscon, in Cic, pro CorneL 

Leges M ANILIANili 'D^na/twm vendetidorum, not properly laws, 
but regulations to be observed in buying and selling, to prevent 
fraud, Cic. de OraL I 5. 58. called by Varro ACTIONES, de Re 
Rust. ii. 5. 11. They were composed by the lawyer Manilius, who 
was consul, A. U. 603. 

The formalities of buying and selling, were by the Romans used 
in their most solemn transactions ; as, in emancipation and adoption, 
marriage and testaments^ in transferring property, &c. 

fjex MANLIA, by a tribune, A. U. 558. about creating the 7K« 
limviri Epnlones^ Liv. xxxiii. 42. Cic. de Orat. iii. 19. 

Htfe ViCEsiMA, by a consul, A. U. 396. Liv, vii. 16. See p- 65. 

Lex M ARCIA, by Marcius Sensorinus, that no one should be 
made a censor a second time, Plutarch, in CorioL 

' 'de Sidtiellaiibrts vel Staiiellis^ that the senate upon oath 
should appoint a person to enquire into, and redress the injuries of 
the Statiellior -ates, a nation of Liguria, Liv. xlii. 21. 

Lex MARIA, by C. Marius, when tribune, A. U. 634. about roak- 
iog the entrances to the Ovilia (pontes) narrower, Cic. de hgg. iii. 17. 

Lex MARIA PORCIA, by two tribunifcs, A. U. 691. That those 
eomroanders should be punished, who, in order to obtain a triumph, 
wrote to the senate a false account of the number of the enemy 
slain in battle, or of the citizens that were missing : and that, when 
they returned to the city, they should swear before the city quaes- 
tors to. the truth of the account which they had seiit, Faler. Max. 
ii. 8. 1. 

Lex MEMMIA vel REMMIA ; by whom it was proposed, or in 
what year, is uncertain. It ordained. That an accusation slioukl 
not be admitted against those who were absent on account of the 



LAWS 6r THE ROMANS. 181 

{Aiblic, Tar/er. Jlfox. iii. 7, 9. Suet. Jul. 23. And if .ftnv one was 
oonvicted of false accusation {ccUumnia,) that he should be branded 
on the forehead with a letter, Ctc. pro Rose. Am. 19. 20. probably 
with the letter K, as anciently the name of this crime was written 
Kalumma. 

Lex MENENIA, A. U. 302. That in imposing fines, a sheep 
should be estimated at ten asses^ and an ox at one hundred, Festus 
in Peculatus. 

Lex MENSIA, That a child should be held as a foreigner, if ei- 
ther of the parents was so. But if both parents were Romans and 
married, children always obtained the rank of the father, {patrem 
$ttfuuniur liberty Liv. iv. 4.) and if unmarried, of the mother, Ulpian. 

Lex METILIA by a tribune, A. U. 516. That Minucius, mas- 
ter of horse, should have equal ^command with Fabius the dictatori 
Liv. xxii. 25. 26. 

^Another, as it is thought by a tribune, A. U. 535. giving di- 
rectors to fullers of cloth ; proposed to the people at the desire of 
the censors, (quam C. Flaminius L. JEmilius eensores dedire adpO'^ 
pulumferendamf) Plin. xxxv. 17. s. 57. 

4. Another, by Metelius Nepos, a praetor, A. U. 694. about 

freeing Rome and Italy from taxes, {r-Xr^ veciigalia^) Dio. xxxvii, 
51, probably those paid for goods imported, {portorium,) Cic. Att. 
if. 16. 

Leges MI LIT ARES, regulations for the army. By one of these 
it was provided. That if a soldier was by chance enlisted into a le- 
gion, commanded by a tribune, whom he could prove to be inimical 
to him, ho might go from that legion to another, Cic. pro Flacco. 32 , 

Lex MINUCIA, de triumvtris mensariis^ by a tribune, A. U. 537. 
about appointing bankers to receive the public money, Liv. xxxiii. 21. 

Leges NUMiE, laws of Wng Numa, mentioned by different au- 
thors : That the gods should be worshipped with corn and a salted 
cake, {frnge et salsa mold,) Plin. 18. 2. That whoever knowingly 
killed a free man, should be held as a parricide, Festus in Qu^sto- 
RE8 Parricidii : That no harlot should touch the altar of Juno; 
and if she did, that she should sacrifice a ewe lamb to that gojddess 
with dishevelled hair, Id. in Pcllices, Gell. iv. 3. That whoever 
removed a landmark should be put to death, {qui ttrminum exar* 
Assets et ipsum et boves sacros esse,) Fest. in TerxMIno : That wine 
should not be poured on a funeral pile, Plin. xiv. 12. &c. 
. Lex OCT AVI A frumentaria^ by a tribune, A. U. 633. abrogat- 
ing the Sempronian law, Cic. in Brut. 62. and ordaining, as it is 
thought, that corn should not be given at so low a price to the peo- 
ple. It is greatly commended by Cicero, Off. ii." 21. 

Lex OGULNIA, by two tribunes, A. U. 4r)3. That the number of 
the pontijices should be increased to eight; and of the augurs to nine ; 
and that four of the former, and five of the latter, should be chosen 
from the plebeians, Liv. x. 6. 9. 

Lets OfPIA, by a tribune, A. U: 540. That no woman should 



18S ROMAN ANTIQUITIES. 

Inve in her dress above half an ounce of gold, nor ureer a garment 
<>f different colours, nor ride in a carriage in the city, or in any 
town, or within a mile of it, unless upon oeciision of a public sacri- 
fice, Liv. xxxiv. 1. Tacit, Ann* iii. 33. 

Ltx OPTIMA, a law was so called which conferred the most 
complete authority, Fesius in voce, as that was called opHmumjtis 
which bestowed complete property. 

Lex ORCHIA, by a tribune, A. U. 566. lirtaiting the number of 
guests at an entertainment, Fest, in Opsonitaverb, Macrob, Sat, ii. 13. 

Lex OVINIA, That the censors should choose the most worthy 
of all ranks into the senate, Festus in Prjcteriti Senatorks, 
Those, who had borne offices, were commonly first chosen ; and 
that all these might be admitted, sometimes more than the limited 
number were elected, Dio, xxxvii. 46. 

Lex PAPIA, by a tribune, A. U. 688. that foreigners should be 
expelled from Rome, and the allies of the Latin name forced to re- 
turn to their cities, Cic. Off. iii. II. jt^ro Balb, 23. Arch. 5. Att. iv. 
16. Dio. xxxvii. 9. 

Lex JPAPIA POPPiE A, about the manner of choosing (capiendo) 
yestal virgins, Gell. i. 12. The author of it, and the tknes when it 
passed, are uncertain. 

Lex PAPIA POPP^A, de tnaritandis ordinibuSf proposed by the 
consuls Papius and Poppseus at the desire of Augustus, A. U. 762. 
enforcing and enlarging the Julian law, Tacit, Ann. iii. 25. 28. The 
end of it was to promote population, and repair the desolation oc- 
casioned by the civil wars. It met with great opposition from the 
nobility, and consisted of several distinct particulars, (Lex Satura.) 
It proposed certain rewards to marriage, and penalties against ce- 
libacy, which had always been much discouraged in the Roman 
state, Val Max. ii. 9. Liv. xlv. 15. Epit. 59. Suet, Aug. 34. & 89. 
Dio, Ivi. 3. 4. Gell, i. 6. v. 19. and yet greatly prevailed, ibid, fy 
Plin, xiv. proam^Senec, consol ad Marc. 19. for reasons enumerated, 
Piaui. Mil, iii. 185. 111. &c. Whoever in this city had three chil- 
dren, in the other parts of Italy four, and in the provinces five, was 
entitled to certain privileges and immunities. Hence the famous 
JUS 'TRIUM LIBERORUM, so often mentioned by Pliny, Mar- 
tial, &c. which used to' be granted also to those who had no children, 
first by the senate, and afterwards by the emperor, Plin. Ep. ii. 13. 
X. 2. 96. Martial, ii. x. 91. 92. not only to men, but likewise to wo* 
men, Dio. Iv. 2. Suet. Claud. 19. Plin. Epist, ii. 13. vii. 16. x. 3. 95. 
96. The privileges of having three children were, an exemption 
from the trouble of guardianship, a priority in bearing ofllces, Plin. 
Ep, viii. 16. and a treble proportion of com. Those who lived in 
celibacy, could not succeed to an inheritance, except of their near- 
est relations, unless they married within 100 days after the death of 
the testator : nor receive an entire legacy, {legatum omntf vel soli^ 
dum capere.) And what they were thus deprived of, in oei^Ain cases 
fell as an escheat (caducum) to the exchequer {fisco) or prince's 
private purse, Juvenal, ix. 88. &c. 



LAWS OP THE ROMANS. 183 

Le;e PAPIRIA, by a tribune, A. U. 563. diminishing the weight 
of the a« one half, Plin. xniii. 3. 

--—by a prcetor, A. U. 431. granting the freedom of the city 
without the right of voting to the people of Acerra, Liv. viii. 17. 

^by a tribune, the year uncertain, That no edifice, land, or 

altar should be consecrated without the order of the people, Cic. pro 
Dom, 49. 

^A. U. 325. about estimating fines, Liv. iv. 30. probably the 

same with Lex Menenia. 

^That no one should molest another without cause, FcbU in 

Sacramsntuh. 

by a tribune, A. U. 623. That tablets should be used in pass- 
ing laws, Cic, de legg. iii. 16. 

^by a tribune, A. U. 623. That the people might re-elect the 

same person tribune as often as they chose ; but it was rejected, 
Ctc^ de Amic, 25. Liv, Epit. 59. 

Instead of Papirius, tney anciently wrote Papisius, Cic. Fam. ix. 
2L So Vahsius for Valerius^ Auselius for Aurelius^ Ac Varro. de 
LcU^ ling. i. 6. Festus. QuinctiL i. 4. Ap. Claudius is said to have 
invented the letter R, probably from his first using it in these words» 
D.i.2.2.36. 

Lex PEDIA, by Pedius the consul, A. V. 710. decreeing banish- 
ment against the murderers of Caesar, Veil. Pat. ii. 69. 

Lex PEDUCiE A, by a tribune, A. U. 640. against incest, Cic. de 
JVa/. Deor. iii. 30. 

Lex PERSOLONIA, or PisTilania, That if a quadruped did any 
hurt, the owner should either repair the damage, or give up the 
beast, Paull. Sent. i. 

Lex PiETELIA de ambitu, hf a tribune, A. U. 397. That candi- 
dates should 'not go round to fairs and other public meetings, for the 
sake of canvassing, Liv. yiu 15. 

— —de Nexis, by the consuls, A. U. 429. That no one should be 
kept in fetters or in bonds, but for a crime that deserved it, and that 
only till he suffered the punishment due by law : That creditors 
should have a right to attach the goods, and not the persons of their 
debtors, Liv. viii. 28. 

de Peculatu, by a tribune, A. U. 566. That inquiry should 

be made about the money taken or exacted from King Antipchus 
and his subjects, and how much of it had not been brought into the 
public treasury, Liv, xxxviii. 54 

Lex PETREIA, by a tribune, A. U. 668. That mutinous soldiers 
should be decimated, i. e. That every tenth man should be selected 
by lot for punishment, Appian de Bell. Civ, ii. p, 457. 

Lex PETRONIA, by a consul, A. U. 813. prohibiting masters 
from compelling their slaves to fight with wild beasts, Modeetin. ad 
kg. Cornel, de sicar. 

Lex PINARIA ANNALIS, by a tribune, A. U. 632. What it 
was is uncertain, Cic. de Ordt, ii. 65. 



^ 



184 ROMAN ANTIQUITIES. 

i«i PLAUTIA vel PLOTIA, by a tribune, A. U. 664. That the 

judices should be chosen both from the senators and equites ; and 
some also from the plebeians. By this law each tribe chose annu* 
ally fifteen (qvinos denos svffragio creabant,) to be judices for that 
year, in ail 525. Some read quinos crfiabani ; thus making them the 
same with the Centvmviri, Ascon. in Cic. p7'o Cornel. 

PLOTIA de vi^ against violence. Cic. pro Mil. 13. Fam. 

viii. 8. . 

Xcx POM PEIA de r?, by Pompey, when sole consul, A. U. 701. 
That an inquiry should be made about the murder of Clodhis and 
the Appian way, the burning the senate-house, and the attack made 
on the house of M. Lepidus the interrex, Cic. pro Mil. et Ascon. 

de Ambitc, against bribery and corruption in elections, with 

the infliction of new and severer punishments, ibid. Dio. xxxix. 37. 
xl. 52. 

By these laws the method of trial was altered, and the length of 
tRem limited : Three days were allowed for the examination of wit* 
nesses, and the fourth for the sentence ; on which the accuser was 
16 have two hours only to enforce the charge ; the criminal three 
for his defence, ibid. This regulation was considered as a restraint 
on eloquence, Dialog, de orator. 38. . ' 

Lex POMPEIA, judiciaria, by the same person ; retaining the 
Aurelian law, but ordaining. That the judices should be chosen 
from those of the highest fortune, (ex amplissimo censu^) in the dif- 
ferent orders, Cic. in Pis. 39. Phil. i. 8. Ascon. in Cic.—Quatn in 
judice eiforiuna speclari deberet, et digniiasy Cic. Phil. i. 20. 

de CoMiTiis, That no one should be allowed to stand candi* 
date for an oflice in his absence. In this- law Julius Cassar was ex- 
pressly excepted. Suet. Jul. 28. Dip. xl. 66. Appian. de BelL Civ. 
li- p. 442. Cic. Att. viii. 3. Phii. ii. 10. 

de repetundisy Appian. B. Civ. ii. 441. — De parricidis^ 1. i, 

Dig. 

The regulations which Pompey prescribed to the Bithyniansi were 

also called Lex POMPJEIA, Plin. Epist. x. 83. 113. 115. 

Lex POMPEIA de civitaie, by Cn. Pompeius Strabo, the consul, 
A. U. 665. granting the freedom of the city to the Italians, and the 
Gain Cispadani^ Plin. iii. 20. 

Lex- POPILIA, aboirt choosing the vestal virgins, Gell. 1. 12. 

Lex PORCIA, by P. Porcius I.ajca, a tribune, A. U. 454. That 
no one should bind, scourge, or kill a Roman citizen, Liv. x. 9. Cic. 
pro Rabir. perd. 3. 4. Verr. v. 63. Sallust. Cat. 51. 

Lex PUBLICIA, vel Publicia de lusu^ against playing for money 
at any game, but what required strength, as, shootings runnings leap- 
ing, &c. /. 3, D. de aleat. 

Iax PUBLILIA. See p. 29. 92. 

Lex PUPIA, by a tribune. That the senate should not be held on 
eomitial days, Cic. ad frair. ii. 2. 13. and that in the month of Fe* 
bruary^ their first attention should be paid to the hearing of embw- 
BieSi Cic. Fam. I 4. 



LAWS OF TQE ROMANS. 18» 

Z9X QUTNCTIA, A. U- 745. about the punislimcnt of those who 
Irart or spoiled the aquseduets or public reservoirs of water, i^rontfn. 

Iax REGIA, conferring supreme power on Augustus. See p. 33. 
Lex REMMIA ; see Ux MEMMIA. 

L^ges REGIiE, laws made by the kings, Ctc. Tusc, quast, iii« L 
which are said to have been collected by Papirius, or, as it was an<* 
cienlly written, Papisius, Cic. Fam. ix. 21. soon after the expulsion 
of Tarquin, Dionys. iii. 36. whence they were called jns dxilt PA* 
PIRIANUM; and some of them, no doubt, were copied into the 
Twelve Tables. 

Lex RHODIA, containing the regulations of the Rhodians coo- 

cerning naval affairs, (wliich Cicero greatly commends, pro leg. 

MatiiL 18. and 8trabo, lib. 14.) supposed to have been adopted t^ 

the Romans. But this is certain only with respect to one clause* a* 

jactu^ about throwing goods overboard in a storm. 

Leges de REPETuNDlS ; .Icilia, Calpumia, Cacilia, Cornelia, 
Julia ^ Jimia, Pompeia^ Servilia. 

Lex ROSCIA theatralis, determining the fortune of the equites, 
ABd appointin<( them certain seats in the theatre, (see p. 34.) Cic. 
pro MAriziu 19. Juvenal, xiv. 323. Liv. Epit. 99. Mart. v. 8. Dio. 
xxxvi. 25. By this law, a certain place in the theatre was assigned 
to spendthrifts,' (fif^coctonizi^,) Cic. Phil. ii. 18. The passing ot this 
law occasioned great tumults, which were allayed by the eloquence 
of Cicero the consul, Cic. M^ ii. L PluL in Ck. to whicli Virgil is 
supposed to allude, JEn. i. 125. 

Lex RUPILIAi or more properly decretum^ containing the regu- 
lations prescribed to the Sicilians by the Praetor Rupilius, with the 
advice of ten ambassadors, Cic. Vtrr. ii. 13. 15. according to a de« 
cree of the senate. Id. 16. 

Ijetres SACRATjE : Various laws were called by that name, 
chiefly those concerning the tribunes, made on the Mom Sacer^ Cic* 
pro Cornel, because the person who violated them was consecrated 
to some god, Festus. Cic de Offir. iii. 31. pro Balb. 14. 15. I^gg* iu 
7. Iav. ii. 8. 33. 54. iii. 55. xxxix. 5. There was also a Lex sacrata 
MiLiTARis, That the name of no soldier should be erased from the 
muster-roll w^khout his own consent, Liv. vii. 41. So among the 
Mqm and Volsci, Liv. iv. 26. the Tuscans, ix. 39. the Ligures, Liv* 
xxxvi. 3. and particularly the Samnites, ix. 33. among whom, those 
were ealled Sacrali mililes^ who were enlisted by a certain oath, 
and with particular solemnities, x. 48. 

Lex SATURA, was a law. consisting of several distinct partica* 
lars of a different nature, which ought to have been enacted sepa- 
rately9 Fesius. 

Lex SC ATINIA, vel Scantinia de nefanda venere^ by a tribune, the 
year uncertain^ against illicit amours, Cic. Fam. viii. 14. PhiL iii. 6. 
Jvxenal*^ ii« 43^ The punishment at first was a heavy fine, Quinctil^ 
iv. S. vij. 4* SxtL Damit. 8. but it was aflerwards made capital. 

24 



10^ ROMAN ANTIQUITIES. 

Lex SCRIBONIA, by a tribune, A. U. 601. about restoring tbe 
Lusiiani to freedom, Liv, Epit. 49. Cic, in Brut. 23. 

——^Another, de servilutum usucapionibus, by a consul under Au* 
gustus, A. U. 719. That the right of servitudes should not be ac- 
quired by prescription, /. 4. D. dt Vsucap, which seems to Iiave been 
the case in the time of Cicero, pro CcBcin, 26. 

Leges SEMPRONIiE, laws proposed by the Gracchi, Cic. PhiL 
I 7. 

1. TIB. GRACCHI Aqraria, by Tib. Gracchus, A. U. 620* 
That no one should possess more than 500 acres of land ; and that 
three commissioners should be appointed to divide among the poorer 
people what any one had above that extent, Liv> EpiL 58. Plut. in 
Gracch. ». 837. Appian, de Bell, Civ. i. 355. 

ae CiviTATfi Italis oanda. That the freedom of the* state 

should be given to all the Italians, Paterc. ii. 2. 3. 

de H^REDiTATE ATTALi, That thc mouey which Attalus had 

left to the Roman people, should be divided among those citizens, 
who got lands, to purchase the instruments of husbandry, Liv. Epit. 
68. PluL in Gracch. 

These laws excited great commotions, and brought destruction on 
the author of them. Of course they were not put in execution, 
ibid. 

2. C. GRACCHI Prumentaria, A. U. 628. That com should 
be given to the poor at a triepts and a semis, or at || of an as, a mo- 
diuSf or peck ; and that money should be advanced from the public 
treasury to purchase corn for that purpose. The granaries in which 
this corn was kept, were called Horrga Sempronia, Cic.pro Sext. 
48. Tiiscul. Quasi, iii. 20. Brut. 62. Off. ii. 21. Liv. Epit. 58. 60. 

M>te. A triens and semis are put for a dextans, because the Ro- 
mans had not a coin of the value of a dextans. 

■ de PftoviNcns, That the provinces should be appointed for 
the consuls every year, before their election, Cic. de Prov. Cons. 3. 
pro Balb. 27. Dom, 9. Fam. i. 7. 

de Capitc civiuM, That sentence should not be passed on the 
life of a Roman citizen without the order of the people, Cic. ppo Ra- 
hit. 4. Verr. v. 63. in Cat. iv. 5. 

de Magistratibus, That whoever was deprived of his office 

by the people, should ever after be incapable of enjoying any other, 
Plutarch, in Gracck, 

JuDiciARiA, That the jiidices should be chosen from the 

tquites^ and not from the senators as formerly, Appian. de Bell. Civ. 
i. 363. Dio. xxxvi. 88. Cic. V'err. i. 13. 

Against corruption in the judices^ (Ncquis junicio circcm- 
viBTiRETUR,) Cic. pro Cluent. 55. Sylla afterwards included this in 
his law de falso* 

■^ de Ceuturhs evocandis. That it should be determined by 
lot in what order the centuries should vote, Sallust. ad Cms. de Rep, 
Ord. See p. 85. 



LAWS OF THE ROMANS. IM 

MfLiTiBus, That clothes should be afforded to Midiers by 
the public, and that no deduction should be made on that accouiSl 
from their pay ; also, That no one should be forced to enlist below 
the age of seventeen, Plutarch, in Gracch. 

de Vus BiuNiENDis. about paving and measuring the publie 

roads, making bridges, placing milestones, and, at smaller distances, 
stones to help travellers to mount their horses, tfrtd. for it appears 
the ancient Romans did not use stiirups ; and there were wooden 
horses placed in the Campus Mariius^ where the youth might be 
trained to mount and dismount readily, VegtL i. 18. Thus Vii^i 
Corpora saliu suhjiciunt in equos^ JEn, xii. 288. 

Cains Gracchus first introduced the custom of walking or moving 
about, while haranguing the people, and of exposing the right arm 
bare, Dio, Fragm. xxxiv. 90. which the ancient Romans, as the 
Greeks, used to keep within their robe, (veste contineref) QuinctiL 
xi. 3. 138. 

Lex -NfiMPRONlA defanore, by a tribune, long before the time 
of the Gracchi, A. U. 560. That the interest of money should bo 
regulated by the same laws among the -allies and Latins as among 
Roman citizens. The cause of this law was to check the fraud of 
usurers, who lent their money in the name of the allies, {in socioM 
nt}mina transcribtbanl,) at higher interest than was allowed at RomOi 
JJv. XXXV. 7. 

Lex :sEKVlLlA Agraria, by P. Servilius Rullus, a tribune, A* 
U. 690. That ten commissioners should be created with absolute 
power for five years, over all the reyenues of the republic ; to buy 
and sell what lands they thought fit, at what price, and from whom 
they chose ; to distribute them at pleasure to the citizens ; to settle 
new colonies wherever they judged proper, and particularly in Cam« 
pania, dz;c. Rut this law was prevented from being passed by the 
eloquence of Cicero the consul, Cic. in Rull.—in Pis, 2. 

de CiviTATE, by C. Servilius Glaucia, a praetor, A. U. 653. 

That if any of the Latin allies accused a Roman senator, and got 
him condemned, he should obtain the same place among the citizens 
which the criminal had held, Cic. pro Balb. 24. 

de Repetundis, by-the same person, ordaining severer pe« 

nalties than formerly against extortion, and that the defendant should 
have a second hearing, {ut reus comperendinaretur^) Cic. Verr. i 9. 
Rabir. Posthum. 4. 

^SERVILIA JuDiciARiA, by Q. Servilius Ccepio, A. U. 647. 

That the right of judging, which had been exercised by the eqmies 
alone for seventeen years, according to the Sempronian law,, should 
be shared between the senators and equites, Cic. Brut. 43. 44. 86. 
de Orat. ii. 55. Tacit. Annal. xii. 60. 

Lex SICINIA, by a tribune, A. U. 662. That no one should 
contradict or interrupt a tribune while speaking to the people, Di* 
omfs. vii. 17. 

Lex SIIJA, by a tribune, about weights and measures. Festus, m 

PUBLICA PONDERA. 



m ROMAN ANTIQUITIES- 

Lex SILVANI et C ARBONIS, by two tribunesi, A. U. 664 That 

tvhoever was admitted as a citizen by any of the conrederate states, 
tf he had a house in Italy when the law was passed, and gave in hia 
name to the praetor, {a pud pr a tor em profileretur,) within a»ixly days, 
he should enjoy all the rights of a Roman citizen, Cic, pro Arch. 4. 

Ux SULPICIA SEMFRONIA, by the consuls, A. U. 449. That 
no one should dedicate a temple or altar without the order of the 
senate, or a majority of the tribunes, Liv. \%. 46. 

Lex SULPICIA, by a consul, A. U. 553. ordaining war to be 
proclaimed on Philip king of Macedon, Liv. xxxi. 6. 

Leges SULPICIiE de art alieno^ by the tribune Serv. Sulpicios^ 
A. U. 665. That no senator should contract debt above 2000 tlena* 
rii : That the exiles who had not been allowed a trial, should be re* 
called: That the Italian allies, who had obtained the right of citi* 
zens, and bad been formed into eight new tribes, should be distri- 
buted through the thirty-five old tribes : Also, that the manumitted 
slaves {cives liberiini) who used formerly to vote only in the four 
city tribes, might vote in all the tribes: that the command of the 
war against Mithridates should be taken from Sylla, and given to 
Marius, Plutarch, in Sylla et Mario ; Liv. Epii* 77. Ascou. in Cic. 
Paterc. li. 18. 

But these laws were soon abrogated by Sylla, who, returning to 
Rome with bis army from Campania, forced Marius and Sulpicius, 
with their adherents, to fly from the city. Sulpicius, being betray- 
ed by a slave, was brought back and slain ; Sylla rewarded the 
slave with his liberty, according to promise ; but immediately after 
ordered him to be thrown from the Tarpeian rock for betraying his 
master, ibid. 

Leges SUMPTUARIiE ; Orchia^ Fannia, Didia, Lieinia^ Cor* 
nelia, Mmiiia^ Antia^ Julia. 

Lfges TABELLARIiE, four in number. See p. 86. 

Lex TALARIA, against playing at dice at entertainments, (ti/ nt 
Ujii frandem faciam /a/an'c?, that I may not break, &«•) Plaut. Mil* 
Glor. ii. 2. 9. 

Lex TERENTIA et Cassia /niwen/ariff. See I^x Cassia^ 

Lex TERENTIL1A, by a tribune, A. U. 291. about limiting the 
powers of the consuls. It did not pass ; but after great contentions 
gave cause to the creation of the decemxiri, Liv. iii. 9. 10. &c. 

Leges TESTAMENTARl^. Cornelia, Furia, Koroma. 

Lex THORIA de Vectigalilti^, by a tribune, A. U. 646. That 
DO one should pay any rent to tlie people for the public lands in 
Italy which he possessed, {agrum pvblicvm vectigali Icvarii,) Cie. 
Brtit. 36. It also contained certain regulations about pasturage, de 
Oral. ii. 70. But Appian gives a drfTercnt account of this law, </< 
Bell. Civ. i. p. 366. 

Liex TITIA de qumsioribus, by a tribune, as some think, A. U. 
448. about doubling the number of quaestors, and that they shouU 
determine their provinces by lot, Cic. pro Muran. 8. 



LAWS OF THE ROMAN& IW 

'de MuiTERiBus, against receiving money or presents for 
|deacling, Anson. Epifrr. w. Tact/. AnnaL xi. 13. where some read 
instead of Cinciam^ Tuiam, 
AURARiA, what it was is not known, Cic, dt Oral. ii. 11. dc 

i^g^' ii. 6. 12. 

dtt LustJ, similar to the Puhlician law* 

"de. TuToRiBus, A. U. 722, the same whh the Julian law, and, 

as some think, one and the same law, Juxtiru Instil* de Mid. Titl. 

Ltx TREBONIA, by a tribune, A. U. 6i)8. assigning provinces 
to the consuls for five years ; Spain to Pomf)ey \ Syria and the Par- 
thian war to Crassus ; and prolonging Csesar's command in Gaut for 
an equal time, Dw. xxxix. 33. Cato^ for opposing this law, was 
led to prison, Liv. Epii. 104. According to Dio, he was only 
dragged from the assembly, xxxix* 34. 

c&Tribuvis, a. U. 305. Lh. iii. 64 63. See p. 120. 

Lpx TRIBUiNITIA, either a law proposed by a tribune, Cic. in 
RulL ii. 8. Liv. iii. 56. or the law restoring their power, Cic. Actio 
prim, in f^err. 16. 

Lex TRIUMPHALIS, that no one should triumph, who had not 
killed f)000 of the enemy in one battle, y(der. Max. ii. 8. 

Aex TULLIA dtt AMbnu, by Cicero, when consul, A. U. 690. 
adding to the former punishments against bribery, banishment for 
ten years, Dio. xxxvii. 29. — and, That no one should exhibit shows 
of gladiators, for two years before he stood candidate fpr an 5>ffiQet 
unless that task was imposed on him by the testament of a fi'iendy 
Gf. r«/. 15. Sext. 64. Mur. 32. 34. &c. 

de LcGATiovE LiutRA, limiting the continuance of it to a 
year, Cic. de Legg. iii. 8. 

Lex VALERIA de provocatione. See p. 100. 

— — de FoRMiAMs, A. U. 562, about giving the people of For- 
mise the right of voting, Liv. xxxviii. 36. 

df! Sulla, by L. Valerius Flaccus, interrcx, A. U. 67L cre- 
ating Sulla dictator, and ratifying all his acts, which Cicero calls the 
most unjust of all laws, Cic. pro RulL iii. 2. S. Hose. 43. de Legg. 
h 15. 

de Qi7ADRA.vTE, by L. Valerius Flaccus, consul, A. U. 667, 

That debtors should be discharged, on pay mg one- fourth of their 
debts, Paterc. ii. 23. See p. 50. 

Lex VALERIA HORATIA de iributis Comiliis, See p. 39. *D« 
tribunis^ against hurting a tribune, Liv. iii. 55. 

I^x VARIA, by a tribune, A. U. 662. That inquiry should be 
made about those, by whose means or advice the Italian allies had 
taken up arms against the Roman people, Cic. Brut. 56. 89. Tusc. 
QuassL ii.'24. FaUr. Max, v. 2. 

Lex VATINIA de frovinc ns. Sec p. 103. 

•— Je allernis consiliis rejiciendis^ That in a trial for extortion, 
both the defendant and accuser might for once reject all the judices 
or jury ; whereas, formerly they could reject only a few, whose 



J- 



IfW KOMAN ANTIQUITIEB. 

places the praetor lupplied by a new choice^ (nciforfffjone,) CSic in 
Vat. II. 

de CoLOMS, That Cssar should plant a colony at Jfov^ei* 

mum in Cisalpine Gaul, SueL Jul. 28. 

Leges DEVI, PlotiOy LutatiOy et Julia. 

Lex VIARiA, de viis muniendis, by C. Curio, a tribune, A. U* 
703. somewhat similar to the Agrarian law of RuUus, Cic, Fam. viii. 
6. By this- law there seems to have been a tax imposed on car* 
riages and horses, ad Attic, vi. 1. 

Le* VILUA ANNALIS. See p. 97. 

Lex VOCONIA, de Hjbrcditatibus muliervm^ by a tribune, A. 
U. 384. That no one should make a woman his heir ; (Ns quis b a« 

ftBDE|l VIROINEU NEqUK MULIERBM FACERET,) ClC. Vttr. i. 42. nor 

leave to any one by way of legacy more than to his' heir or heirs, c. 
43. de Senect. 5. Balb. 8. But this law is supposed to have refer- 
red chiefly to those who were rich, (qui essent cemsi, i. e. pecuniosi 
vel clasxici^ those of the first class, Jlscon. in Cic. Gttl. vii. 13.) to 
prevent the extinction of opulent families. 

Various arts .were used to elude this law. Sometimes one left his 
fortune in trust to a friend, who should give it to a daughter or other 
female relation ; but his friend could not be forced to do so unless he 
inclined, Cic. de fin. ii. 17. The law itsdf, however, like many 
c^rs, on accjyint of its severity, fell into disuse, GtU. xx. 1. 

^/V^^/Tbesb are almost all the Roman laws mentioned in the classics* 
Augustus, having become sole master of the empire. Tacit. Ann. i. % 
continued at first to enact laws in the ancient form, which were so 
many vestiges of expiring liberty, {vestigia niorientis liberlatis^) as 
Tacitus calls them : but he afterwards, by the advice of Meceenas, 
* Dio. Hi. gradually introduced the custom of giving the force of laws 
to the decrees of the senate, and even to his own edicts, Tacit. Annul. 
iii. 28. His successors improved upon this example. The ancient 
manner of passing laws came entirely to be dropped. The decrees 
of the senate, indeed, for form's sake, continued for a considerable 
time to be published ; but at last these also were laid aside, and 
every thing was done according to the will of the prince. 

The emperors ordained laws — 1. By their answers to the appli- 
cations made to them at home, or from the provinces, (per RE« 
SCRIPTA ad LIBELLOS svpplices pistolas^ \e\preces.) 

2. By their decrees in judgment or sentences in court, (pet 

^ DECRETA,) which were either Interlocutory, i. e. such as re- 
lated to any incidental point of law which might occur in the pro« 
cess ; or, Definitive, i e. such as detenniiied upon the merits of 
the case itself, and the whole question. 

3. By their occasional ordinances, {per EDICTA vel CON- 

8TITUTIONES,) and by their instructions {per MANDATA,) to 
their lieutenants and ofiicers. 

^86 constitutions were either general^ respecting the public at 
; or special, relating to one person qply, and therefore property 




LAWS OF THE ROMANS. m 

cdled PRIVILEGI A, privil^s ; Plin. Ep. x. 56. 57 but io a senio 
different from that in which it waa used under the republic See p. 

The three great sources, therefore, of Roman jurisprudence were 
the laws, (LEGKS,) properly so called, the decrees of the senate, 
(SENATUS CONSULTA,) and the edicts of the prince, (CON- 
STITUTIONES PRINCIPALE8.) To these may be added the 
edicts of the magistrates, chiefly the praetors, caHed JUS HONO- 
RARIUM, (see p. 110.) the opinions of learned lawyers, (AUCTO- 
RITAS vet RESPONSA PRUDENTUM, vel Juris comuUorum. 
Cic. pro Mur»n« 13. Caecin. 34.) and custom or long usage, (CON- 
SUETUUO v€l MOS MAJORUM, Gell. xi. 18.) 

The titles and heads of laws, as the titles and beginnings of books, 
(Ovid. Trist. i. 7. Martial. iiL 2.) used to be written witli vermillion 
(rubricA re\ minio :) Hence RUBRICA is put for the Civil law ; thus, 
Rubrica vetavit, the laws have forbidden, Pers. v. 90. AJii se ad Al- 
bum (i. e. jits praiorium^ qvda prudtorts f dicta sua in albo propon^^ 
bani^) ac rubricms (i. e. jus civile) transtidenmi, Quinctil. xiL 3. II. 
Hence Juvenal, Perlege rubras majorum leges^ Sat. xiv. 193. 

The Constitutions of the emperors were collected by different 
lawyers. The chief of these were Gregory and Hermogenes^ who 
flourished under Constantine. Their collections were called CO- 
DEX 6REGORIANUS and CODEX HERMOGENIANUS. But 
thei»e books were composed only by private persons. The first col- 
lection made by public authority, was that ot the Emperor Theodo- 
aius the younger, published A. U. 438. and called CODEX THEO- 
DOSIANUS. But it only contained the imperial constitutions 
from Constantine to his own time, for little more than an hundred 
years. 

It was the emperor JUSTINIAN that first reduced the Roman 
law into a certain order. For this purpose, he employed the assist- 
ance of the most eminent lawyers in the empire, at the head of whom 
was TRIBONIAN. 

Justinian first published a collection of the imperial constitutions, 
A. U. 529, called CODEX JUSTINIANUS. 

Then he ordered a collection to be made of every thing that was 
useful in the writings of the lawyers before his time, which are said 
to have amquated to 2000 volumes. This work was executed by 
Tribonian iftid sixteen associates in three years, although they had 
been alloVed ten years to finish it It was published, A. D. 533. 
under the title of IXgests or Pandects, (PANDECTiE vel DICES* 
TA.) It is sometimes called, in the sinsular, the Digest or Pandect. 

The same year were published the elements or first principles of 
the Roman l%w, composed by three men, TVibonian^ JTieophilust and 
Dorotheus, and called the Institutes, (INSTITUTA.) This book 
was published before the Pandects, although it was composed after 
them. 

As the first code did not appear sufficiently complete, and coq- 



igB ROMAN ANTIQUrnES. 

tained seyeral things inconsistent with the Pandtcis^ Tribonian and 
other four men were cnnployed to correct it. A new code therefore 
was published, xvi. Kal. Dec. A. D. 534. called CODEX REPETI- 
TiE PR^LECTONIS, and the former code declared to be of no 
further authority. Thus in six years was completed what is called 
CORPUS JURIS, the body of Roman law. 

But when new questions arose, not contained in. any of the above* 
mentioned books', new decisions became necessary to supply what 
was wanting, or correct what was erroneous. These were after- 
wards published under the title ofj/ovels^ (NOVELLA sc. ronsti- 
iutioneSf) not only by Justinian, but also by some of the succeeding 
emperors. So that the Corpus Juris Homani Civilis is made up of 
these books, the Institutes, Pandects or Digests, Code, and Novels. 

The Institutes are divided into four books, each book into several 
titles or chapters, and each title into paragraphs (§) of which the 
first is not numbered ; thus, Inst, lib. i. tit, x.prlncip, or more short- 
ly, I. 1. 10. pr. So, Inst, i i. /i7. x. §. 2. or, I. 1. 10. 2. 

The Pandects are divided into fifty books ; each book into several 
titles : each title into several laws, which are distinguished by num* 
bers ; and sometimes one law into beginning {princ. for principium) 
and paragraphs } thus, D. 1. 1. 5. i, e. Digestif rst booky first tilU^ 
fifth law. If the law is ditided into paragraphs, a fourth number 
must be added ; thus, D. 48. 5. 13. pr. or 48. 5. 13. 3. Sometimes 
the first word of the law, not the number, is cited. The Pandecta 
are often marked by a double/; thus, ff. 

The Code is cited in the same maiuier as the Pandects, by Book^ 
Title, and Law : The Movels by their number, the chapters of that 
number, and the paragraphs, if any ; as, Jiov, 1 15. c 3. 

The Justinian code of law was universally received through the 
Roman world. It flourished in the east until the taking of Con* 
ttantinople by the Turks, A. D. 1453. In the west, it was in a 
great measure suppressed by the irruption of the barbarous nations ; 
till it was revived in Italy, in the twelfth century, by IRNERIUS^ 
who had studied at Constantinople, and opened a school at Bologna 
under the auspices of Frederick h Emperor of Germany. He waa 
attended by an incredible number of students from ait parts, who 
propagated the knowledge of the Roman civil law through moat 
countries of Europe ; where it still continues to be of great autho- 
rity in courts of iustice, and seems to promise, at least in pomt of 
legislation, the fumlment of the famous prediction of the andent 
Romans, concerning the eternity of their empire.* 

JUDICIAL PROCEEDINGS of the ROMANS. 

The Judicial Proceedings (JUDICIA) of the Romans were either 
Private or Public, or, as we express it, CivU or Criminal : {Omnia 

* The decisions of the CoQrtt in Grsal Britain, aiid in the United States, seam to 
be ooBstantly approiimating to the principles of the RoBiaa Civil Iaw. lo Adiolrel* 
^ eases, it U the chief guide of the jadgea. 



JUDICIAL PROCEEDINGS, &c. 193 

jiiȣcia aut dUtrahendarum conlrirDersiarum aut puniendorum malefic' 
cjbrtim cansA reperta suntf) Cic. pro Casein. 2. 

I. {JUDICM PRIVATA,) CIVIL TRIALS. 

JUDICIA PRIFATAf or Civil trials, were concerning private 
causes, or differences between private persons, Cic. de OraL u 38. 
Top. 17. In these at first the kings presided, Dionys. x. i. then 
the consuls, Id. &; Liv. ii. 27. the military tribunes, and decemviri^ 
Id. iii. 33. but after A. U. 389, the Prstor Urbanus and Peregrinut. 
See p. 108.. 

The judicial power of the Prator Urbanus and Peregrinus was 
properly called JURISDICTIO, (qua posita trai in edicto et ex 
edicto decretis ;) and of the preetors who presided at criminal trials, 
QUiESTIO, Cic. Verr. i. 40. 41. 46. 47. &c. ii. 48. v. 14. Muran. 
20. Flacc. 3. Tacit. Agric. 6. 

The pnetor might be applied to (adiri pot£rat, copiam vel po- 
TESTATEM suj faciebat) ou all court days (diebus fastis) ; but on 
certain days, he attended only to petitions or requests (postula- 
TioniBUs vacabat) ; so the consuls, Plin. Ep. vii. 33. and on others, 
to the examination of causes, (cognitionibus,) Plin. Ep. vii. 33. 

On court-days, early in the morning, the prsetor went to the Fo» 
rumj and there being seated on his tribunal, ordei*ed an Accensus to 
call out to the people around, that it was the third hour ; and that 
whoever had any cause, (qui LEGE AGERE velUt,) might bring 
it before him. But this could only be done by a certain form. 

I. VOCATIO in JUS, or Summoning to Court. 

Ip a person had a quarrel with any one, he first tried to make it 
up, {litem componere vel dijudicare) in private, {intra parietes, Cic. 
pro P. Quinct. 5. 11. j^er aisceptatores domesticos vel operA amico* 
mm, Csecin. 2.) 

If the matter could not be settled in this manner, Liv. iv. 9. the 
plaintifT (ACTOR vel PETITOR) ordered his adversary to go with 
him before the prsetor, {injiu vocabat,) by saying, In jus voco tb : 
Ibt jus eamus: In jos veni: Sequebe ad tribunal: In jus ambu- 
LA, or the like, Ter. Phorm, v. 7. 43. and 88. If he refused, the 
prosecutor took some one present to witness, by saying Licet an- 
TESTARi ? May I take you to witness ? If the person consented, he 
offered the tip of his ear, {auriculam opponebal,) which the prosecu- 
tor touches), Horat. Sat, i. 9. v. 76. Plaut. Curcul. v. 2. See p. 59. 
Theu the plaintiff might drag the defendant (retim) to court by force 
(in jus rapere,) in any way, even by the neck, {obtorto collo,) Cic. et 
Plant. Psen. iii. 5. 45. according to the law of the Twelve Tables ; 
si CALVITUR {moratur) pedbmve stbuit, {fugit welfugam adomat^) 
MANCM ENDO JACiTo, (tnjtct/o,) Fcstus. But worthless persons, as 
ikieveSf robbers^ &c. might be dragged before a judge without this 
formality, Plaut. Pers. iv. 9. r. 10. 

By the law of the Twelve Tables, none were excused from appear- 

25 



IM ROMAN ANTIQUinBS. 

« 

iog in court ; noteren theaged» the mcUy, and infim. If they coqU 
not walk, they were furnished with an open ^taria^e, (jimten/tim, L e* 
pktustrum vel vectabulum^) Gell. xx. 1. Cic. de fegg. li. 23. Horat. 
Sat L 9. 76. But afterwards this was altered, and various persons 
vfete exempted ; as magistrates, Liv. xlv. 37. those absent on ac- 
count of the state, Fal. Maxim, iii. 7. 9. &c. also matrons. Id, ii. h 
5. boys and girls under age, D, de in jus vocand, &;c. 

It was likewise unlawful to force any person to court 'from his own 
house, because a man's house was esteemed bis sanctuary, {tuiwU 
mum refugium et receptaciilum.) But if any one lurked at home to 
elude a prosecution, {sifraudationia causa latitaretf CJc. Quint. 19.) 
he was summoned (evoeabatur) three times, with an interval of tea 
days between each summons, by the voice of a herald^ or by letters, 
or by the edict of the prsBtor ; and if he still did not appear, {it non 
sisteretj) the prosecutor was put in possession of his effects^ (m bonu 
ejus mittebatur.) Ibid. 

If the person cited found security, he was let^go ; (Si cnsict) H 
autem sit^ {sc. aliquis^) Qui in jus vocatuh vindicit, {vindicaverit^ 
shall be surety for his appearance,) mittito, let him go* 
. If he made up the matter by the vrav, (endo via,) the process way 
dropped. Hence may be explained the w(Htis of our Saviour, 
Mut/u V. 25. Luke xii. 58. 

II. POSTULATIO ACTIONIS, Requesting a Wnt, and 

giving Bail. 

Ir no private agreement could be made, both parties went before 
the prsetor. Then the plaintiff proposed the action (ACTIONEM 
EDEBAT, vel dicam scribebat, Cic. Verr. ii. 16.) which he intend* 
ed to bring against the defendant (quam in reum intbnderb vUf' 
LET,) Plaut. Pers. iv. 9. and demanded a writ, (ACTIONEM POS- 
TULAB AT,) from the prsetor for that purpose. For there were 
certain forms, (Formula) or set words (verba concepta) necoasa* 
ry to be used in every cause, (Forvulje de omnibus rebus gon« 
STiTUTJB,) Ctc. Rose. Vom. 8. At the same time the defendant m- 
quelted, that an advocate or lawyer should be assigned him, to assist 
with his counsel. 

There were several actions competent for the same thing. The 
prosecutor chose which he pleased, and the prsetor usually granted 
It ; (actionem vel judicium dabat vel reddbbat,) Cic. pro Oeciiu 
3. Quint. ^SL Ferr. ii. 12. 37. but he might, also refuse it, ibid, et ad 
Herenn. ii. 13. 

The plaintiff* having obtained a vnii from the praetor, offered it to 
the defendant, or dictated to him the words. This writ it was un- 
lawful to change, (mutareformulam non licebat,) Senec.de Ep. 117. 

The greatest caution was requisite in drawing up the writ, (tn «e» 
Hone velformulA concipiendd ;) for, if there was a mistake in one 
word, the whole cause was lost, Cic. de invent, ii. 19. Hermit, i. % 
<iumctil. vi. 8. vii. 3. 17. Qyipluf petebatf quam dtUiwn 09t^,cau- 



JUDICIAL PROCEEmNGS, Sec. lf» 

ip^fdebait Ch. pro Q. Rose* 4. vtl fonawlA excidtbatf I e. &nuii 
etAoatp Suet CIa»d. 14. Hence scribkrs vel subscribbrb di* 
CAU aUcfri yel imjnngere^ to briog an action against one, Ctc. Verr. ' 
iL 15. Ter. Pharm, iL 3. 02. or cum atiquo judicium subscribere, 

P/m. Ep. V. I. RI FORMULAM INTKNOBRK, Suit Vit. 7. But DiCAM 

vel dicas sariirif i. e. judicts dare aortione^ qui causam cognoseant^ to 
appoint J uJice^ to judge of causes, Cic, ibia, 15. 17. 

A person skilled only in framing writs and the like, is called by Ci- 
cero LEGULEIUS, priBco cuitionum cantor formularum^ (\ucep$ syl* 
labarumf Cic de Orat i. 55. and by Quinctilian, Formularius, xiu 
3. 11. 

He attended on the advocates to suggest to them the laws and ' 
forms ; as those called Praomatici did among the Greeks, ibid^ and 
aji agenU do among us. 

Then the plaintiff required, that the defendant should give bail for 
his appearance in court (VADE8, qui spondertnt eum adfuiurum^) 
QB a certain day, which was usually the third day after, {tertio die 
Tel pertndiy) Cic. pro Quinct. 7. Mursen. 13. Gefl. vii. 1. and thus 
he was said VADARI REUM (Vades xdeo dicti, quody qui eos dcde^^ 
ritf yadendi, id tst^ discedendi habet potestcUem^ Cic, QuincL 6. 

This was also done in a set form prescribed by a lawyer, who 
was said Vadiuonium concipere, Cic. ad Fratr, ii. 15. 

The defendant was said VADES DARE, vel VADIM ONIUM 
PROMITTERE. If he did not find bail, he was obliged to go^^to.pri- 
son, PlauL Pers. ii. 4. v, 18. The praetor sometimes put off the hear- 
ing of the cause to a more distant day, {vadimonia differebat^) Lio. 
EpiU 86. Juvenal, iii. 213. But the parties (Litiqatores) chiefly 
were said vadihoniom difperre cum aliquoy to put off the day of 
the trial, Ctc. Att. ii. 7. Fam. iL 8. QuincL 14. 16. Res esse in va* 
dimoniitm capitj began to be litigated, ibid. 

In the meantime the defendant sometimes made up {rem compo* 
nebat et transigebai^ compromised,) the matter privately with the 
pkuntiff, and the action was dropped, Plin. Ep. v. 1. In which 
case the plaintiff was said, decidisse^ vel pactionem feciase cum reo^ 
jtidicio reum absohisse vel liberAsse, Hie contesfatd vel judieio cor^ 
stUutOy after the lawsuit was begun ; and the defendant, litem redi* 
misse ; after receiving security from the plaintiff, {cum sibi caviasei 
vel satis ab actore accepisset^) that no further demands were to be 
flOBKle upon him, (amplius a se nemineivi petiturum,) Cic. QuirU. 
IL 13l If a person was unable or unwilling to carry on a lawsuit^ 
he was said non posse vel nolle prosequi, vel experiri, sc ju^ vel 
jure, veijure summo, ib. 7. Ac. 

When the day came, if either party, when cited, was not present, 
without a valid excuse, {sine morbo vel causa soniicd,) he lost his 
eause, Horat. Sat. i. 9. v. 36. If the defendant was absent, be wbb 
siud DESERERE VADIMONIUM, and the prcetor put the p)0&^- 
^'f in possession of his effects, Cic» pro Quints 6. & 20. 

If the defendant was preaent, he vnis said YADIMONIUM SI8U 



196 ROMAN ANTIQUITIES. 

TERE vel ofiiRS. When cited, he said, Ubi tu es, Qui mb va- 

DATU8 ES ? Ubi tu es, qui MB CITABTI ? EcCB HE TIBI 8ISTO, TU 

CONTRA ET TE tfiHi sisTE. Thc {^intiff answered, Aosuir, PlauL 
Curctd. I 3. 5. Then the defendant said, Quid ais : The plaintiff 
said AIO fundum, quum possides, heuu esse ; vel AIO te mihi 
DARE, facbre, oportere, OP the like, Cic. Mur, 12. This was called 
INTENTIO ACTIONIS, and varied according to the nature of 
the actionrfh^ 

H "m. DIFFERENT KINDS of ACTIONS. 

niP^CTiONS were either R«a/, Personal^ or Mxt, 
* 1. A real action (ACTIO IN REM,) was for obtaining a thing 
to which one had a real right (jus in re,} but which was possessed 
by another, {per quam rem nostram^ qua ab alio possidetur, petimuff 
Uipian.) 

2. A personal action, (ACTIO IN PERSONAM^ was against a 
person, to bind him to do or give something, which be was bound 
to do or give, by reason of a contract ; or for some wrong done by 
him to the plaintiff. 

3. A mixt action was both for the thing, and for certain personal * 
pretensions. 

I. Real Actions. 

Actions for a thing, or real actions, were either CIVIL, arising 
from some law, Cic, in CaciL 5. de Orat. i. 2. or PIUETORIAN, 
depending on the edicts of the prastor.* 

ACTIONES PRuETORIiE, were remedies granted by the pras- 
tor for rendering an equitable right effectual, for which there was 
no adequate remedy granted by statute or common law. 

A civil action for a thing (actio civilis vel legitima in rem^) was 
called VINDICATIO ; and the person who instituted it, v index. 
But this action could not be brought, unless it was previously ascer- 
tained who ought to be the possessor. If this was contested, it 
was called I^s vindiciaruh, Cic. Vtrr, i. 45. and the pnetor deter- 
mined the matter by' an interdict,*! Ctc. Cmcin. 8. 14. 

If the question was about a slave, the person who claimed the 

Eossession of him, laying hands on the slave, {manttm ei injiciens^) 
efore the pnetor, said. Hung iiominem ex jure quiritiuh meum 
ESSE AIO, EJUS que vindicias, (i. e. possessionem,) mihi dari pos- 
TuiiO. To which Plautus alludes, Rud. iv. 3. 86. If the other was 
silent, or yielded his right, {jure cedebat,) the prsetor adjudged the 

• Actions, aecordiog to the laws of England, and our laws, are of three kinds. p«r. 
sonal, realt and mixed. Personal actions are such whereby a man claims a debt or 
personal duty, or damages in lieu thereof: and likewise, whereby a man claims a 
satisfaction in damages tor some injury done to bis person or property. Beat acliona 
are such whereby the plaintiff claims title to leave any lands or tenements, rents, or 
other heredttarotsnts, in fee simple, fee tail, or for term of life. Miud actions are 
•aits partaking of the nature ot the other two, wherein some real property is de* 
«Mnded, and also personal damages for a wrong sustaioed. 3 Bl. Com. 117. 1|& 



JUDICIAL PROCEEDINGS, &c 197 

iduve to the person who claimed him, {servwn addicebat vtndioanti^) 
that is, he decreed to him the possession, till it was determined w^ho 
should be the proprietor, {ad exittan judiciu) But if the other person 
also claimed possession, (si vindicias iibi cotiservari postularet,) then 
the praetor pronounced an interdict, (inUrdicebat,) Qui nec yi, use 

CLAM, NEC PRECARIO POSSIDET, EI VINDICIAS. DA BO. 

The laying on of hands (MANUS INJECTIO) was the usual 
mode of claiming the property of any person, Liv, iii. 43. to which 
frequent allusion is made in the classics, Ovid. EpisU Her. viii. 16. 
xii. 158. Amor. i. 4. 40. ii. 5. 30. Fast. iv. 90. Virg. Mn. x. 419. 
Cic. Ros. Com. 16. Plin. Epist. x. 19. In vera bona nan est tnanCts 
injectio ; Animo non potest injici manusj i. e. vis fieri, Seneca. 

In disputes of this kind {in litibus vindiciantm)^ the presumption 
always was in favour of the possessor, according to the law of the 
Twelve Tables, Si qui in jure makum conserunt, i. e. apudjudi- 
cem disceptant^ secundum eum qui possidet, vindicias dato, 
GelL XX. 10. 

But in an action concerning liberty, the prsetor always decreed 
possession in favour of freedom, {^indicias dedit secundum liberta-^ 
tern,) and Appius the decemviry by doing the contrary, {decemendo 
vindicias secundum serciiiUem vel ab libertate in servitutem contra 
leges vindicias dando, by decreeing that Virginia should be given up 
into the hands of M. Claudius, his client, who claimed her, and not 
to her father, who was present,) brought destruction on himself and 
his colleagues, Liv. iii. 47. 56. 58. 

Whoever claimed a slave to be free, (vindex, qui in libertatem 
vindicabai,) was said eum liberali, causa manu asserere, Te* 
rent. Adelph. ii. 1. 39. Plaut. Pan. v. 3. but if he claimed a free 

Kerson to be a slave, he was said, in servitutem asserere ; and 
ence was called ASSERTOK, Liv. iii. 44. Hence, Hac (sc. pra^ 
tenlia gaudia) uiruque manu^ coviplexuque assere toto^ Martial, i. 16. 
9. — ^AssERo, for affirmo or assevlro is used only by later writers. 

The expression MANUM CONSBRERE, to fight hand to hand, 
18 taken from war, of which the conflict between the two parties 
was a representation. Hence Vindicia, i. e. injectio vel correptio 
manAs in re prmsenti^ was called vis civilis et festucaria^ Cell. xx. 10. 
The two parties are said to have crossed two rods, {festucas inter 
se commisisse^) before the praetor, as if in fighting, and the van- 
quished party to have given up his rod to his antagonist. Whence 
some conjecture, that the first Romans determined their disputes 
with the point of their swords. 

Others think that vindicia was a rod, (virgula velfestuca,) which 
the two parties {litigantes vel disceptantes,) broke in a fray or mock 
fight before the prastor, (as a straw (stipula) used anciently to be 
broken in making stipulations, Isidor. v. 24.) the consequence of 
which was, that one of the parties Alight say, that he had been oust- 
ed or deprived of possession, (possessione dejectus) by the other, 
and therefore claim to be restored by a decree (intsrpicto) of the 
pr»tor. 



M KQBIAN ANTIQlJITIEat 

If tbe' queilioii vfm dbaot a fimn^ a house^or the lika^ tkeptmHo^ 
ancicDtly went with the parties {cum H^anAibtn) to. the place, ami 
gave possession {vindicias dabai) to vhich of them he thought pm* 
pen But from the increase of business, this soon became imprao* 
ticaUe ; and then the parties called one another from court {ex jure) 
tQ the spot, {in locum vel rem presenlem^) to a farm, for instance, 
and brought from thence a turf {glebam), which was also called 
YINDICliE, FistiLs ; and contested about it as about the whole 
farm* It was delivered to the person to whom the proctor adjudged 
the possession, GelL xx. 10.* 

not this custom also was dropped, and the lawyers devised a new 
form of process in suing for possession, which Cicero pleasantly ri« 
dicules, pro Muran. 12. The plaintiff (;7ea'/or) thus addressed the 
defendant, (eum^ vnde petebahir ; Fundus qui est in agro, qui Sa« 

BIHUS VOCATUR, EUH EGO EX JURE QUIRITIUM MEUM ESSE AIO, INDtt 

900 TE EX JURE MANU coNSEHTUM (to contond RCcording to law) 
voco. If the defendant jdelded, the preetor adjudged possession to the 
plaintiff. If not, the defendant thus answered the plaintiff, unde tu 
MB EX Jure manum consertum vocasti, inde ibi ego te revocow 
Then the pnetor repeated his set form, {carmen compositum^) 
Utrisque suPERSTiTiBus PRAESENT1BU8, i. o. tesUbus prasentibvSf 
(before witnesses,) istam viait dico. Inite viam. Immediately 
they both set out, as if to goto the farm, to fetch a turf, accompanied 
by a lawyer to direct them, {qui ire viam docertt,) Then the pne* 
tor said, Redite viam ; upon which they returned. If it app^red 
that one of the parties had been dispossessed by the other through 
force, the prsator thus decreed, Unde tu illum dejecisti, cum mec 

VI, NEC CLAM, NEC PRiBCARlO POSSIDERET EO ILLUM RESTITUAS JU« 

BBO. If not, he thus decreed. Uti nunc possidetis, &c. ita pos* 

SIDBATIS. YlM fieri VETO. 

The possessor beins thus ascertained, the action about the right 
of property {dejure Sominii) commenced. The person ousted or 
outed {posseseione exclums vel dejectus, Cic. pro Csecin. 19.) first 
aeked the defendant, if he was the lawful possessor, (Quanpo 
soo tb in JURE conspicio, postulo an sies auc^or? I e. posees* 
ear^ unde meumjus repetere possim^ Cic. pro Cscin. 19; et Prob. is 

* Livery qf seizin, according to tbe common law of England, was either in deed, or 
In hnif. Livery in deed was thas performed. The feofier, lessor, or his attorncyj 
together with the feoffee, lessee, or his attorney, came to the land or the house ; aad. 
then, in the presence of witnesses, declared the contents of the feoffment or lease, oa 
which lirery was to be made. And then the feoffer, (if it were of laud) delivered to 
the feoffee, all the persons being out of the ground, a clod, or turf, ora twig orixiugh 
there growing, with words to this effeet : *' I deliver these to you, in the name of 
ieixin of all the lands and tenements contained in this deed.*' But if it were of a 
AoKSe, the feoffer took the ring, or latch of the door, (the house being quite empty,) 
aod delivered it to the feoffee in the same form ; and then the feoffee entered alone, 
•hut to the door, then opened it, aed let in the others. Livery in teiv was when the 
seme was not made on the land, but in sight of it only ; the feoffer saying to th« 
feoffee, *' I give you yonder land, enter and take possession.'* 2 Bl. Com. SI6. 316. 

Th«s the pracitoe of livery and seisin elearly appean to be a reUct of RonAB 
Jw^pndeDoe. 



JUDICIAL PR0CEEDINC8I/&C IM 

Not) Then he daimed his right, and in the mean time required 
that the possessor should give security, (Satisdaret,) not to' do 
any damage to the subject in question, {ne nihil deterivs inposns' 
sione faciurumy) by cutting d6wn tree«, or demoKshing buildings, &e. 
in which case the plaintiff was said per pradks, v, — em, vd;?rb 
prmde litis vindiciarum satis accipere, Ctc. Verr. \. 45. If the 
defendant did not give security, the possession was transferred to 
the plaintiff, provided he gave security. 

A sum of money used to be deposited by both parties, called 8 A- 
CRAMENTUM, which fell to the gaining party after the cause virn^ 
determined, Feslus ; Varro dt Lot. ling. iv. 36. or a stipulation was 
made about the payment of a certain sum called 8P0NSI0. The 
plaintiff said, Quando meoas hung ruNDUH esse meum, sacraxe!v- 

TO TE QUINQUAOBNARIO PAOVOCO. SPOlfDESNE QUIN6ENTOS, 8C. TXtim* 

mos vel asses, si vbus est 7 i. e. si mtum esse probavero. The de* 
fendant said, Spondeo quingentos, si tuus sit ? Then the defen* 
dant required a correspondent stipulation from the plaintiff, {resti* 
pvdabaiur,) thus, Et tu spondesnb quinobntos^ ni tcus sit ? i. e. ;fi 
probavero tuum non esse. Then the plaintiff said, Spondbo, ni meos 
srr. Either party lost his cause if he refused to give this promiMs, 
or to deposit the money required. 

Festus says this money was called 8ACRAMENTUM, because 
it used to be expended on sacred rites ; but others, because it serv- 
ed as an oath, {q^iod instar sacramenii vel jurisjurandi esset,) to con- 
vince the judges that the lawsuit was not undertaken without cause, 
and thus checked wanton litigation. Hence it was called PioNts 
SPONSiONUS, {quia violare qtiod quisque promiiHt perjidia est) Isidor. 
Orig. V. 24. And hence Pignore contendere, et sacramento, is the 
same, Cic. Fanu vii. 32. de Oral. i. 10. 

Saeramenlian is sometimes put for the suit or cause itself, (pro 
ipsA petitio7^%) Cic. pro Csecin. 33. sacramentum in libertaiem^ i. b» 
causa et vindicia libertatis, the claim of liberty, pro Dom. 29. ^7, 
27. de Orat. L 10. So SPONSIONEM FACERE, to institute k 
lawsuit, Cic. Quint. 8. 26. Ferr^u 62. C(Bcin. 8. 16. Rose. Com. 4 
5. Of. iii. 19. Sponsione lacessere^Yer. iii. 57. certare, Caecin. 32. vin- 
cere. Quint. 27. and also vincere sponsionem, Csecin. 31. or judicium, 
to prevail in the cause, Ver. i. 53. condenmari sponsionis, to lose the 
cause, Ctecin. 31. sponsiones, i. e. causes, prohioiice judicari, causes 
not allowed to be tried, Cic. Verr. iii. 62. 

The plaintiff was said sacramento vel sponsione provocare, rogare^ 
futerere, el siipxdari. The defendant, contendere ex provocaiione 
▼el sacramento et resiipuldri, Cic. pro Rose Com. 13. Valer. Max* 
ii. 8. 2, Festus ; Varr. de Lat. lin^. iv. 36. 

The same form was used in claiming an inheritance, (in nsKtiiU 
TATia PETITIONS,) in claiming servitudes, &c. But in the last, ther 
action might be caressed l^th afifirraatively and negatively, thus^ 
Aio, JUS ESSE vel NON ESSE. Hcuce it was called Actio coNrssao- 
KU et NftOATonaA. 



300 ROMAN ANTIQUITIES. 

2. Personal Actions. 

Personal actions, called also CONDICTIONES, were very nu* 
merous. They arose from some contract, or injury done ; and re* 
quired that a person should do or give certain things, or suffer a cer* 
tain punishment. 

Actions from contracts or obligations were about bujring and sell* 
ing, (de emptione et venditione ;) about letting and hiring, {de lo^ 
catione et conductione ; locabatur vel domuSf ve\ fundus ^ vex opus fa^ 
cUndum^ velvectigcU; JEdium conductor Ivi^j^xuhh^^ fundi colo- 
Nus, operis redemptor, vectigalis publicands vel manckps diceba* 
tur,) about a commission, (de mandato /) partnership, {de societate ;) 
a deposite, {de deposito apud sequestrem ;) a loan, (^e commodalo vel 
mutuo, proprii commodamus vestes, libros^ vasa^ equos^ et similiaf 
qufB eadem redduntur ; mutuo autem dam us ea^pro quU)U8 alia red^ 
auntur ejusdem generis^ ut nummoSffrumentum, vuitim, oleum, etfere 
catera, qua pondere, numero, vel mensura dari solent ;) a pawn or 
pledge, {de kypotheca vel pignore /) a wife's fortune, {de dote vel re 
uxoria;) a stipulation, {de siipulatione,) which took place almost in 
all bargains, and was made in this form ; An spondes ? Spondeo : 
an DABis 7 DABO : An promittis ? pROMiTTO, vel repromxtio, ^rc. 
Plant. Pseud, iv. 6. Bacchid. iv. 8. 

When the seller set a price on a thing he was said indicare ; thus, 
Indica, fac PRETiuM, Pluut, Pers. iv. 4. 37. and the buyer, when 
he offered a price, liceri, i. e. rogare quo pretio liceret avferre^ 
Plaut« Stich. i. 3. 68. Cic, Verr. iii. 33. At an auction, the person 
who bade, (LICITATOR,) held up his forefinger, {index ;) hence 
digito liceri^ Cic. ib. 11. The buyer asked, Quanti licet ? sc /io- 
here vel auferre. The seller answered, Decern nummis licet ; or the 
like, Plaut. Epid. iii. 4. 35. Thus some explain, De Drusi hortis^ 
quanti licuisse^ (sc. eas emere,) tu scribis^ audieram: sed quanti 

Juaniif bene emitur quod necesse est, Cic Att. xii. 23. But most 
ere take licere in a passive sense, to be valued or appraised ; quan^ 
ti quanti, sc. licent, at whatever price ; as Mart. vi. 66. 4. So 
Venibunt quiqui licebunt (whoever shall be appraised or exposed to 
sale, shall be sold,) prasenti pecunid, for ready money, Plant. Me- 
nsech. v. 9. 97. Unius assis non unquam pretio pturis licuisse, notan^ 
te judice quo nSsti populo, was never reckoned worth more than 
the value of one as, in the estimation of the people, &c. Horat. Sai. 
i. 6. 13. 

In verbal bargains or stipulations there were certain fixed forms, 

(STIPULATIONUM FORMULA, Cic, de legg. I 4. VCl SPONSIONUM, Id. RoSC. 

Com. 4.) usually observed between the two parties. The person 
who required the promise or obligation, (STIPULATOR, sibi qui 
promitti curabat, v. sponsionem exigebat,) asked {rogabat v. interro-^ 
gabat) him who was to give the obligation, (PROMISSOB vel 
Kepromissor, Plaut. Asin. li. 4. 48. Pseud. L 1. 112 : for both words 
are put for the same thing, P/atU. Cure. v. 2, 68. v. 3. 31. Cic. Rose. 



JUDICIAL PROCEEDINGS, &c 901 

Owi. 13.) before witnesses, PlatU. ib. 33. Cic. Rose, Com. 4. if he 
would do or give a certain thing; and the other always answer- 
ed in correspondent words ; thus, An dabis ? Dabo vel Dabitor, 
Plaut. PseutL i. I. 115. iv. 6. 15. Bacch. iv. 8. 41. An spondes 7 
Spondbo, Id. Cure, v. 2. 74. Any material change or addition in 
the answer rendered it of no. effect, § 5. InsL de inuiiL Slip, Plant, 
TVm. V. 2. 34. & 39. The person who required the promise, was 
faid to be REUS stipulandi ; he who gave it, reus promittendi, Dt- 
g€st^ Sometimes an oath was interposed, Plant: Rud, v. '2. 47. 
and for the sake of greater security, {ut pacta tt eonvtniajirmiora e«« 
aent^ there was a second person, who required the promise or ob- 
ligation- to be repeated to him, therefore called Astipulator, Cic. 
Qutnt. 18» Pis* 9. {qvi arrogabatj) Plaut. Rud. v. 2. 45. and an- 
other who joined in giving it. Adpromissor, Festus : Cic, Alt, v, L 
Rose, Amer, 9. Fine jussor vel Spons<}R, a surety, who said, £t 
XGo spoNDCo IDEM HOC, or the like, Plant, Trin, v. 2. 39. ■ Hence 
Astipulari iraio consuH, to humour or assist, Liv, xxxix. 5. • The 
person wl^o promised in his turn usually asked a correspondent ob- 
ligation, which was called restipulatio ; both acts were called 
Sponsio. 

Nothing of importance was transacted among the Romans with- 
out the rogatioj or asking a question, and a correspondent answer* 
(congnta responsio :) Hence Interrooatio for 8ti pulatio, Scnec. 
Bene/, iii. 16, Thus also laws were passed : the magistrate asked, 
(rooabat,) and the people answered (uti rogas,) sc. volumus.. See 
p. 85. 88. 

The form of Manci patio or Mancipium, per as et lihrdm^ wai 
sometimes added to the Stjpulatio, Cic, legg, ii. 20. & 21. 

A stipulation could only take place between those who were pre- 
sent. But if it was expressed in writing, {si in instrumenio scrips 
turn esset^) simply that a person had promised, it was supposed that 
every thing requisite in a stipulation had been observed, Inst, iii. 20. 
17. Paull. Recept, Sent. v. 7. 2. 

In buying and selling, in giving or taking a lease, (in localione vel 
eonductione,) or the like, the bargain was finished by the simple con- 
sent of the parties : Hence these contracts were called CONSEN- 
SUALES. He who gave a wrong account of a thing to be disposed 
of, was boiind to make up tlie damage, Cic. Off. iii. 16. Earnest 
(arrha v. arrhabo,) . was sometimes given, not to confirm, but to 
prove the obligation, Inst, iii. 23. — pr, Varr, L. L. iv. 36. But in all 
important contracts, bonds (S YNGRAPH^E) formerly written out, 
signed, and sealed, were mutually exchanged between the parties. 
Thus Augustus and Antony ratified their agreement about the' par- 
tition of the Roman provinces, after the overthrow of Brutus and 
Gassing at Philippi, by giving and taking reciprocally written obli- 

Etions (7;m|*iu.arsia, syngrapha ,*) Dio. xlviii. 2. & 11. A difference 
ving aiferwards arisen between Caesar and Ful via the i^afe'of An- 
tony and Ludus his brother, who managed the affairs of Antony in 

26 



402 ^OMAN ANTIQUITIES 

Italy, an appeal wad made by Csesar to the disbanded veterans ; who 
having assembled in the capitol, constituted themselves judges in 
the cause, and appointed a day for determining it at Gabii. Au* 

Sstus appeared in his defence ; but Fulvia and L. Antonias, having 
led to come, although they had promised, were condemned in 
their absence ; and, in confirmation of the sentence, war was de« 
clared against them, which terminated in their defeat, and finally in 
the destruction of Antony, Dio. xlvii. 12. &c. In like manner the 
articles of agreement between Augustus, Antony, and Sex. Pom* 
peius, were written out in the form of a contract, and committed to 
the charae of the Vestal virgins, Dio. xlviii. 37. They were far- 
ther confirmed by the parties joining their right hands and embracing 
one another, lb. But Augustus, says Dio, no longer observed this 
agreement, than till he found a pretext for violatmg it, Dio. xlviii. 
45. 

When one sued another upon a written obligation, be was said, 
agerecumeo ex Svncrapha, CicMur, 17. ' 

Actions concerning bargains or obligations, are usually named 
ACTIONES empti, venditi, locati vel ex locaiOy conduciivehex con^ 
ducto mandati^ &c. They. were brought (intendebantur^) iif this 
manner: The plaintiff said, AIOtemihi mutui comvodati, dspo* 

SITI NOMINE, DARE CENTUM OPORTERK ; AlO TE MIHI EX STIPI7- 

LATu, lOcato, dare^acere oporterb. 'Tlic defendant either de- 
nied the charge, or made exceptions to it, or defences, (Retorts in' 
ientionem aut negabal vel injiciabatur^ aut excfpiione elidebai,) that 
is, he a.dmitted part of the charge, but not the whole; thus, NEGO 

ME TlBl EX STIPULATO CENTUM DARE OPORTERE, NISI QUOD METU, 
DOLO, ERRORS ADDUCTUS SPOPONDI, vel MSI QUOD MINOR XXV. AM- 

Kis SPOPONDI. Then followed the SPONSIO, if the defendant de- 
nied, Ni DARE FACERE DEBEAT ; and the REST1PULATIO, si oars 
l*ACCRB DEBEAT ; but if hc excepted, the sponsio was, ni dolo ad- 
DUCTUS SPOPONDERIT ; and the nsiiptdaiio, si dolo adductus spo* 
PONDERIT. To this Cicero alludes, de Invent, ii. 19. fttu 2. l.AtL 
vi. I. 

An exception was expressed by these words, si non, ac si mom» 
AUT, SI, AUT NISI, MSI QUOD, EXTRA QUAM SI. If the plaintiff Ruswered 
the defendant's exception, it was called REPLTCATIO ; and if the 
defendant answered him, it was called DUPLICATION It some- 
times proceeded to a TRIPLICATIO and QUADRUPLICATIO- 
The exceptions and replies used to be included in the Spoksio, Uv. 
xxxix. 43. Cic. Verr. \. 45. iii. 57. 59. Cacin. 1%. Vol. Max. ii. 
8.2. 

^ When the contract was not marked by a particular name, the ac- 
tion was called actio prascriptis verbis, actio inserta vel incerii ; 
and the writ (formula) was not composed by the praetor, but the 
words were prescribed by a lawyer, Val. Max. viii. 2. 2. 

Actions were sometimes brought against a person on account of 
the contracts of others, and were called Adjetfiiiia qualOatig. 



I: 



JUDICIAL PROCEEDINGS, Ac 90S 

As the Romans esteemed trade and merchandise dishonoarable, 
especially if not extensive, Cic. Off. i. 42. instead of keeping shops 
themselves, they employed slaves, freedmen, or hirelings, to trade 
on their accouat, (negoUalionHnu proificiebantf) who were called IN- 
STITORES, {qmjd negolio gerendo inslahant ;) and actions brought 
against the trader {in negotialorem) or against the employer {in ao' 
minum,) on account of the trader's transactions, were called AC- 
TIONES INSTITORIiE. 

In like manner, a person who sent a ship to sea at his own risk, 
tftfo ptricyio navem man immUUkat^) and received all the profits, 
)id quern omnes obventiones et reditus navispervenifentf) whether he 
was the proprietor (dominus) of the ship, or hired it, {navem per aver' 
9ionem eonduxisset^) whether he commanded the ship himself, {sive 
ipse NAVIS MAGISTER eeset,) or employed a slave or any other 
person for that purpose, (navi pmficeret,) was called navie EXblR- 
CITOR ; and an action lay against him {in turn comveiebat^ era/, vel 
dabatur^) for the contracts made by the master of tne ship, as well 
as by himseiA called ACTIO EXERCITORIA. 

Kn action lay against a father or master of a family, for the con- 
tracts made by his son or slave, called actio D£ PECULO, or ac- 
tio De in rem verso^ if the contract of the slave had turned to his- 
master's profit ; or actio JUSSU, if the contract had been made by 
the master^s order. 

But the father or master was bound to make restitution, not to the 
entire amount of the contract, {non in solidum^ but to the extent of 
the peculiumt and the profit which he had received. 

If the mast^ did not justly distribute the goods of the slave among 
his creditors, an action lay against him,, called actio TRIBUTO- 
RIA. 

An action also lay against a person in certain cases, where the 
contract was not expressed but presumed by law, and therefore 
called ObligaUo QUASI EX CONTRACTU ; as when one, with- 
out any commission^ managed the business of a person in his absence, 
or without his knowledge ; hence he was called NEGOTIORUM 
GE8TOR, or voLUNTAaius amicus, C«c. Cmcin. 5. vel PROcuaAToa, 
Ctc. BruL 4. 

3. Penal Actions. 

Actions for a private wrong were of four kinds : EX FURTO, 
RAPINA, DAMNO, INJURIA;* for theft, robbery, damage, and 
personal injury. 

L The different punishments of thefts were borrowed from the 
Athenians. By the Laws of the Twelve Tables, a thief in the night- 
time might be put to death: Si nox {noctu) ruaTUH faxit, sim (n 
€tim) ALiQUis occisiT {occiderit) jure casus esto: and also in the 
day-time, if' he defended himself with a weapon: Si luci furtum 

VAXIT, SIM ALiqUIS SNDO {in) IP^P FUaXO CAPSIT {ceperit)^ VERBB- 
&ATOR, ILU^UK, CUI FOATUM FACTUK ESCIT {erit) ADDICITOE, OtlL 



m ROMAN ANTIQUITIES. 

xt. uU. but not without having first called out for assistance, {ttdnon 
nisi is, qui interemturus erat, quiritaret, i. e. damartt^ qviritxs^ 

VOSTRAM FIDEM, BC imploro, Vel PORRO QUIRITES.) 

The punishment of slaves was more severe. They -were scoui^ed 
and thrown from the Tarpeian rock. Slaves were so addicted to 
this crime, that they were anciently called fures ; hence, Virg. EcL 
ill. 16. Quid domini faciant, audent cvm talia fures ! so HoraL Ep* 
i. 6. 46. and theft, servile probrum, Tadt. Hist, i. 48. 

But afterwards these punishments were mitigated by various 
laws, and by the edicts of the prsetors. One caught in manifest 
theft (in FURTO MANIFESTO), was obliged to restore fourfold^ 
(qttadruplem,) besides the thing stolen ; for the recovery of which 
there was a real action {vindicaiio) against the possessor, whoever 
he was. 

If a person was not caught in the act, but so evidently ^ilty that 
he could not deny it, he was called Fur NEC MANIFESTUS, and 
was punished by restoring double, Gell, xi. 18. 

When a thing stolen was, after much search, found in the posses^ 
sion of any one, it was called Furtum coNCEPTUif, (See p. 165.) 
and by the law of the Twelve Tables was punished as manifest theft, 
GelL ibid,; Inst.iv,' 1. 4. but afterwards, Bsfurtum nee manifesttmu 

If a thief, to avoid detection, offered things stolen {resfurtivat 
yelfurlo ablalas) to any one to keep, and they were fqund in his 
possession, he had an action, called Actio furti oblati, agafbst the 
person who. gave him the things, whether it was the thief or another, 
for the triple of their value, ibid. 

If any one hindered a person to search for stolen things, or did not 
exhibit them when found, actions were granted by the praetor against 
him, called ./^c/fone^ furti prohibiti ft non exhibiti ; in the last 
for double, PlauL Pan. iii. 1. r. 61. What the penalty was in the 
({••st is uncertain. But in whatever manner theft was punished, it 
was always attended with infamy. 

2. Robbery (RAPINA) took place only in moveable things (m 
rehis mobilibus.) Immoveable things were said to be ii^vfided, and 
the possession of them was recovered by an interdict of the pretor. 

Although the crime of robbery (crimen raptiLs) was mucn more 
pernicious than that of theft, it was, however, less severely punished. 

An action {actio vi bonorum raptorum) was granted by the pne- 
tor against the robber (m raptorem,) only for fourfold, including 
what he had robbed. And there was no difierence whether the rob- 
ber was a freeman or a slave ; only the proprietor of the slave wa» 
obliged, either to give up, (ctim noxtz oedere,) or pay the damage 
{damnum prastare). 

• 3. If any one slew the slave or beast of another, it was called 
DAMNUM INJURIA DATUM, i. e. dolo vel ctJpd nocentis ad^ 
missum, whence actio vel judicium damni iNJtmiA, sc. dati; Cic 
Rose Com. II. whereby he was obliged to repair the damage by 
the AquHlian law. Qui sbrvum servavve, alienum ' AUEHAmrKy 



JUDICIAL PROCEEDINGS, &c. SOft 

IIOADaUPEDKM Vtt PECUDEM INJURIA OCCIDBRIT) QUANTt tO IN lO 

ANNO PLURiMi puiT, (whatever its highest value was for that yeari) 
TANTUM MS DAR^ DOMINO DAMNAs ESTO. By the samo law, there 
was an action against a person for hurting any thing that belonged 
to another, and dso for corrupting another man^s slave, for douole, 
if he denied, (adversus inficiantem in duplum,) /. l.princ. D. de 
serv. corr* There was, on account of the same crime, a prsetoriaa 
action for double even against a person who confessed, /. 5. § 2. ibid» 

4. Personal injuries or affronts (INJURIiE) respected either the 
body, the dignity, or character of individuals. — ^They were variooa- 
ly punished at different periods of the republic 

By the Twelve Tables, smaller injuries {injinia leviores) were 
punished with a fine of twenty-five asses or pounds of brass. 

But if the injury was more atrocious ; as, for instance, i£ any one 
deprived another of the use of a limb, (si mehbrum bupsit, i« e* 
ruperUf) he was punished by retaliation, (ialione,) if the person in* 
jured would not accept of any other satisfaction. (See p. 161.) If 
he only dislocated or broke a bone, qui os ex genitali (i. e. ex 
loci ubi gignitury) ruDiT, he paid 300 asses, if the sufferer was a 
freeman, and 150, if a slave, GelL xx. 1. If .any <Mie slandered 
another by defamatory verses, {si qms aliquem public^ diffamassety 
tique adversus bonos mores conviciwn fecisset, affronted him, vel 
carmen famosum in eum condidisset ) he was beaten with a club, 
Hor. Sat. ii. 1. v. 82. Ep. ii. 1. v. 154. . Comut. ad Pers. Sai, 1. 
as some say*, to death, Ctc. apitd Augusiin. de civit, -Dei. ii. 9. & 13, 

But these laws gradually tell into disuse, GelL xx. 1. and by the 
edicts of the prsBtor, an action was granted on account of all per* 
sonal injuries and affronts only for a fine, v?hich was proportioned 
to the dignity of the person and the nature of the injury. This» 
however, being found, insufficient to check licentiousness and inso* 
lence, Sulla made a new law concerning injuries, by which, not only 
a civil action, but also a criminal prosecution, was appointed for 
certain injuries, with the punishment of exile, or working in the 
mines. Tiberius ordered one who had written defamatory verses 
against him to be thrown from the Tarpeian rock, Dio. Ivii. 22. 

' An action might also be instituted against a person for an injury 
done by those under his power, which was called ACTIO NOXA- 
LIS ; as, if a slave committed theft, or did any damage without his 
master's knowledge, he was to be given up to the injured person^ 

(si SERVUS, INSCIENTE DOMINO, FURTUM PAXIT, NOXIAHVB NOXH*, 

(nocuerit, L e. damnum fecerit,) noxm DEorroR :) And so if a beast 
did any damage, the owner was obliged to offer a compensation, or. 
give up the beast; (st quADRrpES pauperiem (damnum) faxct^ 
DOHiNus NOX£ JESTiMiAM {damni astimationem) opfsrto: si nolit, 

QUOD NOXIT DATa) 

There was no action for ingratitude, (actio ingtati) as among the 
Macedonians, or rather Persians; because, says Seneca, all tbe 
courts at Rome, (omnia fora^ sc. Iria, de Ir. ii. 9.) would scarcely 



too ROMAN ANTIQinTIES. 

have been safficient for trying iU Senee* Benef. uL 6. He aikb a 
better reason; quia hoc crimen in legem ccuiere non debet^c, 7. 

4. Mixed and Arritrart Actions. 

Actions by which one sued for a thing, {rem persequebatur^) were 
called Actiones rei persecutoria ; but actions merely*for a penalty 
or punishment, were called PCENALE8 ; for both, mixtje. 

Actions in which the judge was obliged to determine strictty, ac- 
cording to the convention of parties, were called Actiones STBIC- 
TI JURIS: actions which were determined by the rules of equity, 
{ex aquo et bono,) were called ARBITRARIif:, or BONiE FIDEL 
In the former a certain thing, or the performance of a certain thing, 
{certa prastaliOf) was required ; a sponsio was made, and the judge 
was restricted to a certain form ; m the latter, the contrary of all 
this was the case. Hence, in the form of actions bowzfidei about 
contracts, these words were added. Ex bona pide ; in those trusts 
called fiducim^ Ut inter bonos BENE agier oportet, et sine 
pRAUDATioNE ; and in a question about recovering a wife's portion 
after a divorce, {in arbitrio rei uxoritSi) and in all arbitrary actions. 
Quantum •dcI quid aquius, melius, Cic, de Offic. iii. 14. Q. Rose. 
4. Topic. 17. 

IV. DipPERENT Kinds o/ Judges ; JUDICES, ARBITRI, RE- 
CUPERATORES, et CENTUMVIRL 

After the form of the writ was made out, (concepta actionis ?/!• 
tentione^) and shown to the defendant, the plaintiff requested of the 
pretor to appoint one person or more to judge of it, {judicem vel 
judicium in earn a pratore poHulabat,) If he only asked one, he 
asked a judex^ properly so called, ox an arbiter : If he asked more 
than one, {judicium^) he asked either those who were called Recur 
peratores or Centumviri. 

1. A JUDEX judged both of fact and of law, but only in such 
cases as were easy and of smaller importance, and which he was ob- 
liged to determine according to an express law or a certain form 
prescribed to him by the praetor. 

2. An ARBITER judged in those causes which were called 
bonafideif and arbitrary, and was not restricted by any law or form, 
(totius rei arbitrium habuit etpotestatem ; he determined what seem- 
ed equitable in a thing not sufficiently defined by law, Festus^) Ctc. 
pro Rose. Com. 4. 5. Off. iii. 16. Topic. 10. Senec. de Benef. iii. a 
7. Hence he is called HONORARIUS, Cic. Tusc. v. 41. de Faio, 
.17: Ad arbitrum vel judicem ire,adire^ confugere^ Cic. pro Rose 
Com. 4. arbitrum sumere, ibid, capercy Ter. Heaut. liL 1. 94. 
Adelph. i. 2. 43. Arbitrum adigere, i. e. ad arbitrum agere vel co- 
gere, to force one to submit to an arbitration, Cic. Off. iii. 16. Top. 
10. Ad arbitrum vocar^ vel appellere. Plant. Rud. iv. 3. 99. 104. 
Ad vel APUD judicem, agere^ experiri^ litegare^ petere. But arbiter 
9fiA judexf arbitrium Bnd judicium^ wre sometimes conibuaded, Cic. 



JUDICIAL PROCEEDINGS^ && tffl 

Rose. Cam. 4. 9. Am. 39. Mur. 12. QtdnL 3. Arbiter is abo ftome* 
times put for testis, Flacc. 36. SallusL Cat. 20. Liv. ii. 4. or the 
master or director of a feast, arbiter bUfendi, Hor. Od. n. 7. 23^ 
arbiter Adria^ ruler, Id. L 3. maris^ having a prospect of, Id. Epist, u 
11.26. 

A person chosen by two parties by compromise {ex compromisso^) 
to determine a difference without the appointment of the praetor, 
was also called arbiter^ but more properly Compromissarius. 

3. RECUPERATORES were so called, because by them eveiy 
6nG recovered his own, TheophiL ad In^. This name at first was 
given to those who judged between the Roman people and foreign 
states, about recovering and restoring private things, Festw in rb- 
ciPBRATio, reprisal ; and hence it was transferred to those judges 
who were appointed by the preetor for a similar purpose in private 
controversies. Plant. Bacch. ii. 3. v. 36. Cic. in Cacin. 1. &c. Cacil. 
17. But afterwards thpy judged also about other matters, Lio. xxvi. 
48. Suet. Mr. 17. Domit. 8. Gell. xx. 1. They were chosen from 
Roman citizens at lai^e, according to some, but more properly, ac- 
cording to others, from the judices selecti, (ex alba jiidicum, from 
the list of judges,) Plin. Ep. iii. 20. and in some cases only from the 
senate, Iav. xliii. 2. So in the provinces {ex conventu Romanorum 
ctvtam, i. e. ex Romania civibus qui juris et judiciorum caiisA in cer» 
turn locwn coNVENiRB solebcmt. See p. 142.) Cic. Verr, ii. 13. v. 5. 
36. 59* 69. Cas. (le bell. Civ. ii. 20. o6. iii. 21. 29. where they seem 
to have judeed in the same causes as the Centumviri at Rome, Cic. 
Verr. lii. 11. 13. 28. 59. •A trial before the Recuperator es^ was 
called JcjoiciUM recuperatorium, Cicde Invent, ii. 20. Suet. Ves* 
pas. 3. cum aliquo recuperatores sumere^ vel eum ad recuperatores 
adducere^ to bring one to such a tri^, Liv. xliii. 2. ' ' 

4. CENTUMVIRI were judges chosen from the thirty-five tribes, 
three from each ; so that properly there were 105, but they were 
always named by a round number^ Centumviri, Festus, The cau- 
ses which came before them {causes centwnvirales) are enumerated 
by Cicem, de Orat. i. 38. They seem to have been first instituted 
floon after the creation of the praetor Peregrinus. They judged 
chiefly concerning testaments and inheritances. Cic. ibid. — pro. C(e* 
dn. 18. Faler. Max. vii. 7. Quinctil. iv. 7. Plin. iv. 8. 32. 

After the time of Augustus they formed the council of the praetor, 
and judged in the most important causes. Tacit, de Orat. 38. whence 
trials before them (JUDlClA CENTUM VIRALI A,) are some- 
times distinguished from private trials, Plin. Ep. 1. 18. vL 4. 33. 
Quinctil. iv. i. t. 10. but these were not criminal trials, as some 
Jiave thought, Suet. Vesp. 10. for in a certain sense all trials were 
public, (jUDiciA PUBLicAf Cic. pro Arch. % 
. The number of the Centumviri was increased to 180, and they 
were divided into four councils, Plin. Ep. i. 18. iv. 24. vi. 33. 
Quinctil. xii. 5. Hence QuAokupLEX Judicium, is the same ad 
GSMTUMviRALE, ibid, sometimes 6nly into two, Quinctil. v. 2. xi. I. 



998 ROMAN ANTIQUITIES. 

and-flometimes in important causes they judged altogether, ViUeK 
Max, vii. 8. I. Plin. Ep. vi 33. A cause before the Centumriri 
could not be adjourned, Plin. Ep. i. 18. 

Ten men (DJSCEMVIRI) See p. 131. were appointed, five se» 
nators and five equites, to assemble these councils, and prende in 
them in the absence of the prcetor. Suet. Aug. 36. 

Trials before the ceniumviri were usually held in the Basilica /u- 
/ia, Plin. Ep. ii. 24. Quiniil, xii. 5. sometimes in the Forum. They 
had a spear set upright before them, Quiniil. y, 2. Hence juHci- 
%an hastes^ for centumviralb, Faler. Max. viu 8.4. Cei^itumviraUtn i 

hastam cogere^ to assemble the courts of the Ceniumviri, and pre- 
side in them, Suet. Aug. 36. So Centum gravis hasta vuiorom« 
Mart., Epig. vii. 62. Cessat centeni moderairix judicis hasta, Stat. 
Sylv. iv. 4.4a 

The ceniumviri continued to act as judges for a whole year^ but 
the other jxkdices only till the particular cause was determined, for 
which they were appoipted. 

The DECEMVlKl also judged in certain causes, Cic. Ceecin, 33. 
Dom. 29. and it is thought that in particular cases they previously 
took cognizance of the causes which were to come before the cen" 
ttimviri, and their decisions were called Pejejudicja, Sigonius dt 
Judic. 

V. The APPOINTMENT of a JUDGE or JUDGES. 

Or the above-mentioned judges, the plaintiff proposed to the de- 
fendant {adversario ferebat,) such judge or judges as he thought 
proper according to the words of the sponsia, ni ita esset: Hbngb 
JUDICEM vel -es ferre alicui, ni ita esset, to undertake to prove 
before a judge, or jury, that it was so, lAv. iii. 24 57. viii. 33. 
Cic. Quint. 15. de Oral. ii. 65. and asked that the defendant would 
be content with the judge or judges whom he named, and not bA 
another (ne alium procaret, i. e. posceret, Festus.) If he ap« 
proved, then the judge was said to be agreed on, convenire, Ctc* 
pro Q. Rose. 15. Cluent. 43. Faler. Max. ii. 8. 2. and the plaintiff 
requested of the prsetor to appoint him, in these words, A^xoa, 

JUDICEM ARBITRUMVE POSTULO, UT DES IN 1>1EH TERTIUM SIVE PC* 

RENDiNUM, Cic. pro Mur. 12. Valer. Prob. in Noiis, and in the same 
manner, rectperatores were asked, Cic. Verr. iii. 58. hence judices 
dare, to appoint one to take his trial before the ordinary judtcei, 
Plin. Ep. iv. 9. But ceniumviri were not asked, unless both parties 
flubscribed to them, PJin. Ep.y. 1. 

If the defendant disapproved of the judge proposed l^y the plain* 
tiff, he said, Hunc ejero vel nolo, Cic. de Oral. ii. 70. Plin. Parug. 
36. -Sometimes the plaintiff desii^ed the defendant to name the 
judge, (uT JUDICEM DicERET,) Liv. iii. 36. 

The judge or judges agreed on by the parties, were appointed 
(Dabantur vel addicebantur,) by the praetor with a certain form 
answering to the nature of the action, In these forms the preator 



JUDICIAL PROCEEDINGS^, &e. Ml 

ahrays used the words, SI PARET, i. e. apparet ; thus, C. Ao- 
ac^iLLi; JUDEX ESTo, Si paret, fundum CAFKNATetf, DB QUO Skr- 

TILIGS AOIT CUM CaTULO, SkRVILII ESSE EX JURE QUIRITlUM, NS- 

QUE i!< Serviuo a Catulo restitoatur, tum Catuluh condem- 
NA. But ir the defendant made an exception, it wa« added to the 
form, thus; Extra quam si testauentum frodatur, quo appa« 
reat Catuli E!3SE. If the praetor refused to admit the exceptioHt 
an appeal might be made to the tribunes, Cic. Acad. QuttsU iv. 30. 
The prsetor, if he thought proper, might appoint different judges 
from those chosen by the parties, although he seldom did so ; and 
BO one could refuse to act as b judex, when required, without a just 
cause. Suet. Claud. I.'). Plin. Ep. iii. 20. x. 66. 

The praetor next prescribed the number of witnesses to be called, 
(ijuifms denunciareiur testimonium^) which commonly did not exceed 
ten. Then the parties, or their agents (PROCURATORES), gave 
security, (satisoabant,) that what was decreed should be paid, and 
Che sentence of the Judge held ratified, (Judicatum .solvi et rev 

AAT^M HABERI.) 

In arbitrary causes a sum of money was de[K>sited by both parties, 
called COMPROMISSUM, Cic. pro Rose. Com. 4. ^err. ii. 27. ad 
Q. Fralr. ii. 15. which word is also used for a mutual agreement, 
Cic. Fnm. xii. 30. 

in a personal action the procnrdores only gave security ; those of 
the plaintifT, to stand tp the sentence of the judge; and those of the 
defendant, to pay what was decreed, Cic. Quint. 7. Alt. xvi. 15« 

In certain actions the plaintiff gave security to the defendant, that 
no more demands should be made upon him on the same account, 
(to nomine ase nemineh ampliustc/ postea petiturum,) Cic, BruL 
5. Rose. Com. 12. Fam. xiii. 29. 

After this followed the LITIS CONTESTATIO, or a short nap. 
ration of the cause by both parties, corroborated by tfie testimony 
of witnesses, Cic. Alt. xvi. 15. Rose. Com. II. 12. 18. Ftstus ; Ma* 
crob. Sat. iii. 9. 

The things done in court before the appointment of the judices^ 
were properly said in jure fieri, after that, in judicio; but this 
distinction is not always observed. 

After the judex orjudices were appointed, the parties warned each 
other to attend the third day after, {inter se inperendinum diem, ni 
ad judicium venirent, denunciabant,) which was called COM P& 
RENDINATIO, or condictio, Ascon. in Cic. — Festus ; GelL 
xiv. 2l But in a cause with a foreigner, the day was called DIES 
STATUS, Macrob. Sat. i. 16. Status condictus cum hoste, (i. e. 
cum peregrino, Cic. Off*, i. 32.) dies. Plant. Cure. i. 1.5. Geli 
xvi 4 

VI. The MANNER of conducting a TRIAL. 

When* the day came, the trial proceeded, unless the judge or 
spine of the parties, was absent from a necessaiy cause, {tx morbo 

27 



210 ROMAN ANTIQUITIES. 

Tel catuA sontica, Pestus,) in which caie the day was put off, (oir- 
F1SSU8 EST, i. e. prolatus, Gell. xiv. 2.) 

If the jud^ was present, he first took an oath that he would judge 
according to law, according to the best of hk judgment, (Ex. anini 
SBNTENTiA,) Cic. Acad. Q, 47. at the altar, (aram Unens^ Cic. Flacc. 
36.) called PUTEAL LIBONIS, or Scribonianum, because that 
place being struck with thunder, {fulmine aitacius,) had been ex- 
piated (procuratu8)\)y Scribonius Libo, who raised over it a stone 
covering {si^gestum lapideum cavum), the covering of a well, (putei 
operculum^ vel putbal,) open at the top, {supernt apertunij Festus,) 
in the Forum ; near which the tribunal of the praetor used to be, 
Horat. Sat. ii. 6. v. 35. Ep. i. 19. 8. and where the usurers met, 
Cic. Sext. 8. Ovid, de Rem. Am. 561. It appears to have been dif- 
ferent from the Puteal, under which the whetstone and razor of At- 
tius Navius were deposited, Cic. de Divin. i. 17. in the comiiiian at 
the left side of the senate-house, Liv. i. 36. 

The Romans, in solemn oaths, used to hold a flint-stone in their 
right hand, saying, Si sciens fallo, tum he Diespiter, salva ur- 

BB ARCEi^UE, BONIS EJICIAT, UT EGO HUNX LAP1I5eM, FestUB in LA IIS. 

Hence Jovem lapidem jurare, for per Jovem et lapidem^ Cic Fam. 
vii. 1. 12. Liv. xxi. 45. xxii. 53. Gell. i. 31. The /on/iu/a of taking 
an oath we. have in Plaut. Rud. v. 2. 45. &c. and an account of dif- 
ferent forms, Cic. Acad. iv. 47. The most solemn oath of the Ro- 
mans was by their faith or honour, Dionys. ix. 10. 8. 48. xi. 54. 

Thejvdex or judices^ after having sworn, took their seats in the 
subselliaf (quasi ad pedes prcetoris ;) whence they were called JU- 
DICBS PJBDANEI ; and sedbrk is often put for coonoscerb, to 
judge, Plin. Ep, v. 1. vi. 33. sedere auditurus. Id. vL 31. Sedere 
18 also applied to an advocate while not pleading, Plin. Ep. iii. 9. f. 

The judex, especially if there was but one, assumed some law- 
yers to assist him with their counsel, {sibi advocavU^ ut in consUio 
adessentf Cic. Quint. 2. in consilium rogavxt^ Gell. xiv. 2.) whence 
they were called CONSILIARII, Suet. Tib. 33. Claud. 12. 

If any one of the parties were absent without a just excuse, he 
was summoned by an edict, (see p. 111.) or lost his cause, Cic, 
Quint. 6. If the prsetor pronounced an unjust decree in the absence 
of any one, the assistance of the tribunes might be impk>red, ibid. 20. 

If both parties were present, they first were obliged to swear that 
they did not carry on the lawsuit from a desire of litigation, (Ca- 
LUMNiAM JuRARE, vcl de calumnia,) I.iv. xxxiii. 49. Cic. Fam. viii. 
8.— I. 16. D. jurej. Quod vijuratus in codicem referre noluit, sc 
(fxdafalsum era/, Wjurare in litem won dubitet, i.e. id sibi deberif 
jureiurando confrmare, litis obiinenJcB causa, Cic. in Rose. Com. 1. 

Then the advocates were ordered to plead the cause, which they 
did twice, one after another, in two different methods, Appian. de 
Bell. Civ. i. p. 663, first briefly, which was called CAUSAE CON- 
JECTLO, qua si causa in breve coactio, Ascon. in Cic. and then in 
a formal oration, {justa oratione perorabantf Gell. xviL 2.) they ex- 
plained the state of the cause, and proved their own charge (actio- 



JUDICIAL PHOCEEDINGS, &c 21l 

Item) or defence {mficiationem vel exeeptionem^) by witnesses ftnd 
writings, {testibtis el tabulis^) and by arguments drawn from the case 
itself, (ex ipsa He dtductis,) Cic pro P. Quinct. et Rose Com. — 
Gell. xiv. 2. and here the orator chiefly displayed his art, Cic. de 
Oral. ii. 42. 43. 44. 79. 81. To prevent them, however, from be- 
ing too tedious, {ne in immeyismn evagarentur^) it was ordained by 
the Pompeian law, in imitation of the Greeks, that they should speat 
by an hour-glass, {lU ad CLEPSYDRAM diccrenU i. e. vas vxirewm^ 
graciiiter fistula tum^ in f undo cujus eral foramen, unde aqua gtUta^ 
tim efflueret, atque ita tempus meliretur ; a water-glass, somewhat like 
our sand-glasses, Cic. de Orat. iii. 34.) How many hours Were to 
be allowed to each advocate, was left to the judices to determine, 
Cic. Quint. 9. Plin. Ep. i. 20. iv. 9. ii. 11. 14. i. 23. vi. 2. 5. Dial, 
de Cans. Corr. Elop. 38. These glasses were also used in the army, 
Veget. iii. 8. Cas. de Bell. G. v. 13. Hence dare vel pelere plurut 
clepsydras f to ask more time to speak : Quoties judico, quantum quis 
plurimum postulat aqure do, I give the advocates as much tiitie as 
they require, Plin. Ep. vi. 2. The clepsydra were of a different 
length ; sometimes three of them in an hour, Plin. Ep. ii. 11. 

The advocate sometimes had a person by him to suggest (qui 
suhjicertt) what he should say, whp was called MINISTRATOR, 
Cic. de Orat. ii. 75. Place. 22. A forward noisy speaker was call- 
ed Rabula, (a rabie, quasi latrator,) vel proclamator, a brawler 
or wrangler, Cic. de Orat. i. 46. 

Under the emperors, advocates used to keep persons in pay, 
(conducii et redempti MANCIPES,) to procure for them an audi- 
ence, or to collect hearers, {coron^gn colligere, auditores v. audiluros 
corrogare,) who attended them from court to court, (ex judicio in 
judicium,) and applauded them, while they were pleading, as a man 
who Aood in the middle of them gave the word, {quum (xso'owa; 
dedit signum.) Each of them for this service received his dole, 
{sportula) or a certain hire, {par mercer, usually three denarii^ near 
2s. sterling;) hence they were called laudicjcni, i. e. qui ob canam 
laudabant. This custom was introduced by one Largius Licinius» 
who flourished under Nero and Vespasian ; and is greatly ridiculed 
by Pliny, Ep. ii. 14. See also, vi. 2. When a client gained his 
cause, he used to flx ogarland of green palm {virides palmce) at his 
lawyer's door, Juvenal, vii. 118. 

When the judges heard the parties, they were said its operam 
DARE, /. 18. pr. D. dejudic. How inattentive they sometimes were, 
we learn from Macrobius, Salurnal. ii. 12. 

VII. The MAKNER of giving JUDGMENT. 

The pleadings being ended, {causd. uirinque peroratA,) judgment 
was given after mid-day, according to the law of the Twelve Tables. 
Post meridiem presenti, {etiamsi unus iantHm prasens sit,) litem 
ADD1CITO, i* e. decidito, Gell. 17. 2. 

If there was any difficulty in the cause, the judge sometimes took 
thne to consider it, diem diffindi^ \. e. differri jussU, ut ampuus 



ns ROMAN ANTIQUITIES. 

mBliBtRARST {Tir. Phorm. ii. 4. 17.) if, after all* he mnained nil'- 
certain, he said, {dixit vel juravii,) MIHI NON LIQUET, I am 
not clear, GelL xiv. 2« And thus the affair was either left unde- 
termined (injiidicataf) Gel), v. 10. or the cause was again resumed^ 
{secunda actio instittita estf) Cic Casein. 2. 

If there were several judges, judgment was given according to the 
Opinion of the majority, {sentenlia lata est deplurium senlentia ;) but 
it was necessary that they should be all present. If their opinions 
Were equal, it was left to the prs&tor to determine, /. 28. 36. & 38. 
I), de rejud* The judge commonly retired, {seccssily) with his as- 
sessors, to deliberate on the case, and pronounced judgment accord- 
ing to their opinion, {ex consilii seutentiu^) Piin. £p. v. 1. v'u 31. 

Sentence was variously expressed ; in an action of freedom, 
thus, VIDERI siBi iiuNc hominiiu LIBERUM ; in an action of 
injuries, VIDERI jure rEcissc vel non fec isse ; in actions of 
contracts, if the cause was ^iven in favour of the plaintiff, Titidm 
Seio centuh condemno ; it in favour of the defendant, Secundum 
ILLUM LITEM DO, Val, Max, ii. 8. 2. f 

An arbiter gave judgment, {arbitrium prommciavit) thus; ARBI- 
TROR TB HOC M0E>o SATisFACERE ACTORi DEBERE ; If thc defend- 
ant did not submit to his decision, then the ar6i<er ordered the plain- 
tiff to declare upon oath, at how much he estimated his damages, 
{quanti litem astimaret,) and then he passed sentence, [sententiam 
tulit,) and condemned the defendant to pay him that sum ; thu8» 
Centum de quiBus actor in litem jcravit, redoe, /. 18. D. d^ 
dolo malo. 

VIII. Whatfollowed, after JUDGMENT was given. ^ 

After judgment was given, and the lawsuit was determined, {Ut€ 
dijudicatd,) the conquered party was obliged to do or pay what was 
decreed, (judicatum facere vel .solvi^re :) and if he failed, or did 
not find securities, {^ponsores vel vindices,) within thirty days, he 
was given up, (Judicatus, i. e. damnatus et addictus esty) by the 

Srsetor to his adversaiy, (to which custom Horace alludes, Od, iii. 
. 23.) and led away (abdi'ctus) by him to servitude, Cic. F/arr. 
19. IJv. vi. 14. 34. &c. Plavt. Pan. iii. 3. 94. A^in. v. 2. 87. Gel/. 
XX. 1. These thirty days are called in the Twelve Tables, DIES 

JUSTI ; REBUS JURE JUDICATIS, XXX. DIES JUSTI SUNTO, POST DE- 
INDE NANUS INJECTIO ESTO, IN JUS PUCITO. ScC p. 49. 

After sentence was passed, the matter could not lie altered ; * 
hence agerk actum, to labour in vain, Cic. Amic. 22. Attic, ix. 18. 
Ttr. Phorm. ii. 2. 72. Actum est ; av.ta est res ; perii, all is over, I 
am undone, Ter, Andr, iii. 1. 7. Adefph. iii. 2. 7. Cic. Fam, xiv. 
8- Actum est de me, I am ruined, Plavt. Pseud, i. 1. 83. De Servio 
actum rati, that all was over with Servius ; that he was slain, Liv. i. 
47. So Suet. Ner. 42. Actum, (i. e. ratum) habebo quod egtris. Cic. 
Tusc. iii. 2L 

In certain cases, especially when any mistake or fraud had been 
committed, the prsetor reversed the sentence of the judges, [rtmj%i^ 



JUDICIAL FltOCEEDINGS, dec Kt 

Umiam ttseidit,) io which caae he was said damnatos in iirrBonnM 
EBSTiTUBRB, Cic. Vtrr^ V. 6. CluenL 36. 7er. Phorm. ii. 4. IL or 

JUDICIA RESTITUERE, Cic. Vert. ii. 26. 

After the cause was decided, the defendant, when acquitted, might 
bring an action against the plaintiff for false accusation, (ac iorem 
CALUMNIiE posTULARE,) Cic. j)ro' Clueut. 31. Hence Calvh^ 
VIA liiiuin^ \. e. lUes per calumniam inlentce, unjust lawsuits, C?V. ^7. 
27. Calttmniarvm meium injicere^ of false accusations, Suel, Ctes. 20. 
ViteL 7. Do/nit. 9. Ferre calumniam, i. e. calumnxa cnnvictnm rss^^ 
Tel caltAmnia, damnari aut de calumnia, Cic. Fam. viii. 8. Gell. xiv^ 
2. Calumniam non rffugiet, he will not fail to be condemned for 
false accusation, Cic. Cluent. bd.^^-^Injuria ex7s/iii//t: alumni a, i.e. 
caUid!^ et malitiosci juris interpretatione, Cic. Off. i. 10. Caluiima 
fimori>, the misrepresentation of fear, which always imagines things 
worse than they are, Fam. vi. 7. Calumnia religionis, a false pre- 
text of, ibid. i. I. calumnia dicendif speaking to waste the time, .Ali. 
iv. 2. Calom^via paucorum, detraction, Sail. Cat. 30. Cic. Acad. ir. 
1. So CALUMNIARI,/a/M}m litem inkndere^ et calumniator^ &c. 

There was also an action against a judge, if he was suspected of 
having taken money from either of the parties, or to have wilfully 
ffiven wrong judgment {dolo malo vel imperitift). Corruption in a 
judge was, by a law of the Twelve Tables, punished with deatbt 
but afterwards as a crime of extortion, {repetundarum.) 

If a judge from partiality or enmity {gratid vel inimicitid), evi- 
dently favoured either of the parties, he was said Litem suam fa- 
cers,- (7//7/a.^. GelL X. 1. Cicero applies this phrase to an advocate 
too keenly interested for his client, de Orat. ii. 75. 

In certain causes the assistance of the tribunes was asked, (tri« 

BUNl APPELLABANTUn,) Cic. Quint. 7. 20. 

As there was an appeal (APPELLATIO) from an inferior to a 
saperior magistrate, Liv. iii« 56. so also from one court or judge to 
another, {ab inferiore ad superius tribunal, vel ex minore ad major' 
emjudicem, pratextu iniqui gravaminis^ of a grievance, vel injuHa 
ifn/€n/i(e,) Ulpian. The appeal was said ADMITTI, ^ecipi, nom 
REciPf, repudiari : He to whom the appeal was made, was said De 

vel EX APFKLLATIONE CoGKOSCERE, JUOICARE, SENTENTIAM DICERE, 
raONU.NXIARE APPELLATIONEM JUSTAM Vel hVJUSTAM ESSE. 

After the subversion of the republic, a final appeal was made to 
the emperor, both in civil and criminal affaii-s. Suet. Aug. 33. Dio. 
lii..33. Act. Apost.xxw. 11. as formerly (provocatio) to the peo* 
pie in criminal trials, Suet. Cces. 12. 

At first this might be done freely, {antea vacuum id solutumgue pa^ 
n& fuerat,) but afterwards under a certain penalty, Tacit. An* 
nal. xvi. 28. Caligula prohibited any appeal to him, {magis* 
tratibiu liberam jurisdiction em, et sine sni provocatione conces&il,) 
Suet Cal. 16. Nero ordered all appeals to be made from private 
judges to the senate. Suet. Ner. 17. and under the same penalty as 
to the emperor, (u< ejmdem pecunia periadum facerent^ cujuf tty 
fmin^raiorem appellavere^) Tacit ibid. So Had^an^ Digest, xliv. 



514 ROMAN ANTIQtITIES. 

S. 3. Even the emperor might be requested by a petition, (libbl* 
Lo) to review his own decree, (sententiam suam retractarb.) 

II. CRIMINAL TRIALS, {PUBLICA JVDICIA.) 

Criminal trials were at first held (cxercehantur) by the kin^, 
Dionyp, ii. 14. with the assistance of a council, {cvm concilio,) Liv. 
i. 49» The king judged of great crimes himself^^ and left smaller 
crimes to the judgment of the senators. 

Tullus Hostilius appointed two persons (DUUMVIRI) to try Ho- 
ratius for killing his sister, (qvi Horatio perdmliionem judicarenl,) 
and allowed an appeal from their sentence to the People. Liv. i. 26« 
Tarquinius Superbus judged of capital crimes by himself alone, with- 
out any counsellors, Liv. i. 49. 

After the expulsion of Tarquin, the consuls at first judged and 
punished capital crimes, Liv. ii. 5. Dionys. x. 1. But after the 
law of Poplicola concerning the liberty of appeal, (See p. 100.) the 
people either judged themselves in capital affairs, or appointed cer- 
tain persons for that purpose, with the concurrence of the senate, 
who were called QU^SITORES, or Quastores paricidii, (see p. 
113.) Sometimes the consuls were appointed, Liv. iv. 51. Some- 
times a dictator and master of horse, Liv. ix. 36. who were then 
called Quasitores. 

The senate also sometimes judged in capital affairs, SallusU CaU 
51. 53. or appointed persons'to do so, Liv. ix. 31. 

But after the institution of the Qucesliones perpetva, (See p. I13L) 
certain praetors always took cognizance of certain crimes, and the 
senate or people seldom interfered in this matter, unless by way of 
appeal, or on extraordinary occasions. 

I. CRIMINAL TRIALS before the PEOPLE. 

Trials before the people (JUDICIA adpopulum), were first held 
in the Comitia Cttriata, Cic. pro Mil. 3. Of this, however, we have 
only the example of Horatius, ibid. 

After the institution of the Comitia Centuriata and Tributa^ all 
trials before the people were held in them ; capital trials, in the 
Comitia Centuriata, and concerning a fine, in the Tribuia. 

Those trials were called CAPITAL, which respected the life or 
liberty of a Roman citizen. There was one trial of this kind held 
in the Comitia by tribes, namely, that of Coriolanus, Liv. ii. 35. ; but 
that vras irregular, and conducted with violence, Dionys. vii. 38. &c* 

Sometimes a person was said to undergo a capital trial, perictdum 
capitis adire, causam capitis vel pro capite dicere, in a civil action, 
when, besides the loss of fortune, his character was at stake, (cum 
judicium esset de fama fortunisque,) Cic. pro Quint. 9. 13. 15. Off, 
I 13. 

The method of proceedinff in both Comitia veas the same ; and it 
was requisite that some magistrate should be the accuser. 

In the Comitia Tributa the inferior magistrates were usually the 
accasers ; as, the tribunes or sediles, Liv. iii. 55. iv. 31. VtU, Mmx^ 



JUDICIAL PROCBEDINGS^dpc. Slfr 

a L 7. G4L X. 6. In the ComiHa Centuriata^ the superior mogia* 
trates ; as, the consuls or prsetors, sometimes also the inferior ; as» 
the quaestors 'or tribunes, Liv. ii. 41. iii. 24. 25. vi. 20. But they 
are supposed to have acted by the authority of the consuls. 

No person could be brought to a trial, unless in a private station. 
But sometimes this rule was violated, Cic. pro Flacc, 3. Liv, xliii. 16. 

The magistrate who was to accuse any one, having called an as* 
sembly, and mounted the Rostra, declared that he would, against a 
certain day, accuse a particular person of a particular crime, and 
ordered that the person accused (reus) should then be present 
This was called DICERE DIEM, sc accusationis vel dUi dictio^ 
In the mean time the criminal was kept in custody, unless he found 
persons to give security for hils appearance, (SFONSORES) ewn in 
judicio ad otem dictam sisiendi, atU mulclam^ qua damnatus esset, sol* 
vendif) who, in a capital trial, were called VADES, Liv, iii. 13. 
XXV. 4. and for a fine, PRiEDES ; Gell. vii. 19. JJuson. Eidyll. 347. 
(aprastandOf Varr. iv. 4.) thus ; PrcBslare aliguem, to be responsible 
for one, Cic, cut Q. Fr. i. 1. 3. Ego Mthsalam Caaari prastabo^ tb. iiL 
8. So, Alt, vi. 3. Plin. Pan. 83. 

When the day came, the magistrate ordered the criminal to be 
cited from the Rostra by a herald, Liv, xxxviii. 51. Suet, Tib, 11. 
If the criminal was absent without a valid reason, {sine CAUSA 
SONTICA,) he was condemned. If he was detained by indisposi- 
tion, or any other necessary cause, he was said to be excused^ 
(EXCUSARI,) Liv, ibid. 52. and the day of trial was put off, {dUt 
PRODICTUS vel productus est.) 

Any equal or superior magistrate might, by his negative, hinder 
the trial from proceeding, ibid, . 

If the criminal appeared, (si reus se stilissei, vel ^t sisteretur,) and 
no magistrate interceded, the accuser entered upon his charge, (nc- 
cusationem instituebat) which was repeated three times, with the in- 
tervention of a day between each, and supported by witnesses, 
writings, and other proofs. In each charge the punishment or fine 
was annexed, which was called ANQUISITIO. Sometimes the 

{mnishment at first proposed, was afterwards mitigated or increased, 
n mulcla temper&rurU tribuni ; guum capitis anquisissent, Liv. ii. 
52. Quum iribuni bis pecuniA, anquisissent ; iertid se capitis anquirere 
diceret, ^c. Turn perduellionis se judicare Cn. Fulvio dixit, that he 
prosecuted Fulvius for treason, Liv. xxvi. 3. 

The criminal usually stood under the Rostra in a mean garb, 
where he was exposed to the scoffs and railleries, {probris et convi- ' 
dis,) of the people, ibid. 

After the accusation of the third day was finished, a bill (ROGA- 
TIO) was publislied for three market-days, as concerning a law, in 
which the crime and the proposed punishment or fine was expressed. 
This was called MULCTiE PCENiEVE IRROGATIO : and the 
judgment of the people concerning it, MULCT-^ PCENiEVfi 
CfiRTATIO ; Cic. dt legg. iii. 3. For it was ordained that a Ca. 
pilal punishment and a fine should never be joined together, (ne p^ 



S16 HOMAN ANTIQUITIES. 

fia eapitii cum pecvnia conjungeretur,) Cic pro Doin. 17. (TVibuni 
plebis^ omissi mulcts cerlationef ret capitalis Poslkwnio dixerunit) 
Liv. XXV. 4. 

On the third market-day, the accuser again repealed h's chai^{ 
and the criminal, or an advocate (pal/ onus) for him, wan permitted 
to make his defence, in which every thing was introduced which 
could serve to gain the favour of the people, or move their compas* 
won, Cic. pr% Rabir. Liv, lii. 12. 58. 

Then the Comitia were summoned against a certain day, in which 
the people, by their suffrages, should determine the fate of the cri« 
minal. If the punishment proposed was only a fine, and a tribune 
the accuser, he could summon the Comitia Iribuia himself; but if 
the trio! was capital, he asked a day for the Comitia Centuriafn from 
the consul, or, in his absence, from the praetor, Liv. xxvi. 3. xliit. 16. 
In a capital trial, the people were called to the Comitia by a tnun* 
pet, {clasHco,) Seneca de Ira, i. 16. 

The criminal and his friends in the meantime used every method 
to induce the accuser to drop his accusation, .(arctijctf^'one de&isUrf.) 
If he did so, he appeared in the assembly of the people, and said^ 
SEMPRONIUM NIHIL MOROR, Liv. jv. 42. vi. 5. If this 
could not be effected, the usual arts were tried to prevent the peo* 
pie from voting, (see p. 84.) or to move their compassion, Liv, vi. 
20. xliii. 16. Gdl. iii. 4. 

The criminal, laying aside his usual robe, {toga alba) put on a 
sordid^ i. c. a ragged and old gown, {sordidam et absoieiam) Liv, ii. 
61. Cic. Verr. i. 58. not a mourning one (puUam vel atram^) as 
some have thought ; and in this garb went round and supplicated 
the citizens ; whence sordes or squalor is put for guilt ; and sordi* 
dati or iquaiidi^ for criminals. His friends and relations, and others 
who chose, did the same, Liv. iii. 58. Cic. pro Sext, 14. When 
Cicero was impeached by Clodius, not only the eqniteSf and many. 
young noblemen of their own accord, (privalo consensuj) but the 
whole senate, by public consent, (publico consilio^) changed their 
habit (vestem mulabant) on his account, ibid. 11. 12. which, he bit* 
terly complains, was prohibited by an edict of the consuls, c. 14* 
Pis. 8. & 18. post, redit. in Sen. 7. Dio. xxxvii. 16. 

The people gave their votes in the same manner in a trial, as in 
passing a law. (See p. 87.) Liv. xxv. 4. 

If any thing prevented the people from voting on the day of the 
Comitia, the criminal was discharged, and the trial could not again 
be resumed, {si qua res ilium diem aut avspiciis aut excusatione st4S* 
tulity tota causa judiciumqne sublatttm est,) Cic. pro Dom. 17. Thus 
Metellus Celer saved Rabirius fix)m being condemned, who was ac- 
cused of the murder of Saturninus forty years afler it happened, 
Cic. pro Rabir. by pulling down the standard which used to oe set 
up in the Janiculum, (see p. 80.) and thus dissolving the assembly* 
Dio. xxxvii. 27. 

If the criminal was absent te the last day of his trial, when cited 
by the herald, he anciently used to be called by the sound of a truin- 



JUDICIAL PROCEEDINGS, Ax:. 3lT 

[pM» before the dcx>r of his house, from the citadel» and romid the* 
vaUs of the city, Farr. dt Lot. ling. ▼. 9. If still he did not ap« 
pear, he was banished, (exilium ei scisctbatur ;) or if hofledther 
country through fear, his banishment was confirmed by the Comitia 
TVUntia. See p. 92. 

n. CRIMINAL TRIALS before the IMiUISITORS. 

Inquisitors (qujesitores) were persons invested with a tempo- 
cary authority to try partici|Iar crimes. They were created first 
by the kin^ ; Liv. i. 3d. then by the people, usually in the Comitia 
3\i6tt<a; iv. 51. xzxviiL 54. and sometimes by the senate ; ix. 26. 
xliii. 2. In the trial of Rabirius, they were, contrary to custom,^ 
ajmointod by the prsetor, EHo. 37. 27. Suet. Cas. 13. 

Their number varied. Two were usually created, (DUUM- 
VIRI,) Liv. vi. 20. sometimes three, Satltist. Jug. 40. and some- 
times only one, Ascon. in Cic. pro Mil. Their authority ceased 
when the trial was over, (see p. 113.) The ordinary magistrates 
were most frequently appointed to be inquisitors ; but sometimes 
also private persons, Liv. passim. There was sometimes an appeal 
nude from the sentence of the inquisitors to the people, as w th^ 
case of Rabirius, Smt. Cos. 11. Dio. xxxvii. 27. Hence Deftrr^ 
judicium a svJbsMiis in rostra, i. e. a judidbus ad popultun^ Cic« 
Cluent. 6. 

Inquisitors had the same authori^, and seem to have conducted 
trials with the same formalities and attendants, as the prstors did 
after the institution of the Quastiones perpetua. . To the office of 
QuKsiiares Virgil alludes, ASn. vi. 432. Ascon. in action* in Vtrr. 

CRIMLVAL TRIALS before the PRMTORS. 

The prs^ors at first judged only in civil causes ; and only two of 
them in these, the prsetors Urbanus and Peregrinus. The other 
prsBtors were sent to govern provinces* All crin^inal trials of im- 
portance where held by inquisitors created on purpose. 

But after the institution of the Quastiones peipetua, A. U. 6Q4. 
all the prastors remained^n the city during the time of their oflice* 
After tneir election, they determined by lot their different jurisdic*- 
tioM. 

Two of them took cognizance of private causes, as formerly, and 
the rest presided at criminal trials ; one at trials concerning extor* 
tion ; another at trials concernuig bribery, &c. Sometimes there 
were two pnetors for holding trials concerning one crime ; as, on 
account of the multitude of criminals, concerning violence. Cic. 
pr4k Cluetit. 53. Sometimes one pnetor presided at trials concern* 
mg two different crimes, Cic. pro Cat. 13. . And sometimes the Pra- 
tor Peregrinus held criminal trials ; as, concerning extortion, Ascon* 
ti» CtV:. in to^. cand. 2 ; so also, according to some, the pr^tor 2>- 

The pmstor wan assisted in trials of importance by a council of select 

28 



218 ROMAN ANTIQUITIES. 

judices or jurymen ; the chief of whom was called JUDEX QUAES' 
TIONIS, or Princeps judicum^ Cic. et Ascon. Some have thought 
this person the same with the prator or qumsitor ; but they were quite 
different ; Cic, pro Cluent, 27. 33. 58. in Vtrr. i. 61. QuinctiL viii. 
3. The judex qucBstionis supplied the place of the praetor when ab* 
senty or too much engaged. 

1. ITie Choice of the JUDICES or Jury. 

The judices were at first chosen only from the senators ; then, 
by the Sempronian law of C. Gracchus, only from the eqvites ; af- 
terwards by the Seroilian law of Caepio, from both orders ; then, by 
the Glaucian law, only from the eguites ; by the Livian law of Dru- 
BUSy from the senators and equites : But the laws of Drusus being 
soon after set aside by a decree of the senate, the right of judging 
was again restored to the equites alone : Then, by the Plautian law 
of Silvanus, the judices were chosen from the senators and equites^ 
and some of them also from the plebeians ; then by the Cornelian 
law of Sylla, only from the senators ; by the Aurelian law, of Cotta, 
from the senators, the equites^ and tribuni ararii ; by the Julian law of 
Caesar, only from the senators and equites ; and by the law of Anto- 
ny, also from the officers of the army. See Manutius de legg : for 
SigoniuSf and Heineccius^ who copies him, give a wrong account of 
this matter. 

The number of the judices were different at different times : Bv the 
law of Gracchus, 300 ; of Servilius, 450 ; of Drusus, 600 ; of ^lau- 
tius, 525 ; of Sylla and Cotta, 300 ; as it is thought from Cic, Fam^ 
viii. 8. of Pompey, 360, Paterc. ii. 76. . Under the emperors, the 
number of judices was greatly increased, Plin, xxxiii. 1. 

By the Servilian law, the age of the judices must be above thirty, 
and below sixty years. By other laws it was required, that they 
should be at least twentv-five, D. 4. 8. but Augustus ordered that 
judices might be chosen from the age of twenty, (a visesimo allegit,) 
Suet Aug. 32. as the best commentators read the passage. 

Certain persons could not be chosen judices, either fi-om some na- 
tural defect, as, the deaf, dumb, &c. or b^ custom, as, women and 
slaves ; or by law, as those condemned upon trial of some infamous 
crime, {turpi et famoso judicio, e. g. calumnice, prcevaricaiionis,/urii, 
vi honorum raptorum, injuriarurn, de dolo malo^ pro socio, mandati^ 
tutelcB, depositi, 6lq.) and, by the Julian law, those degraded from 
being senators ; which was not the case formerly, Cic. Cluent. 4S. 
See p. 17. 

• By the Pompeian law, the judices were chosen from persons of 
the highbst fortune. 

The judices were annually chosen by the pj-aetor Urbanus or P«. 
regrinus ; according to Dio Cassius, by the quaestors, xxxix. 7. and 
their names written down in a list, (m album relata, vel albo dt^ 
scrivta,) Suet Tib. 51. Claud. 16. Domit 8. Senec de benef. iii. 7. 
Gell. xjv. 2. They swore to the laws, and that they would JQdffe 
uprightly to the best of their knowledge, {de animi senteniia.) The 



JUDICIAL PROCEEDINGS, Ac. 110 

jtidices were prohibited by Augustus from entering the house of anj 
one, Dio. liv. 18. ' 

They sat by the praetor on benches, whence they were called his 
ASSESSORS: or Consilium, Ctc.Act. Verr. 10. and Consebsores 
to one another, Cicfiiu ii. 19. Seii, de bene/, iii. 7. GelL xiv. 2. 

The judices were divided into DECURIiE, according to their 
different orders ; thus, Decuria senatoria judicum, Cic. pro Clu- 
tnt. 37. ttrtia, PhiK 1. 8, Verr. ii. 32. Augustus added a fourth d«- 
curia^ Suet. 32. Plin. xxxiii. 7. (because there were three before, 
either by the law of Antony, or of Cotta,) consisting of persons of 
an inferior fortune, who were called DUCENARII, because they 
had only 200,000 sesterces, the half of the estate of an tquts^ and 
judged in lesser causes. Caligula added a fifth decuria. Suet. 16.* 
Plin. xxxiii. 1. s. 8. Galba refused to add a sixth decuria, although 
strongly urged by many to do it. Suet. 14. 

The office of a judex was attended with trouble, Cic. in Verr. i. 
8. and therefore, in the time of Augustus, people declined it ; but 
not so afterwards, when their number was greatly increased, Suet, 
et Plin. ibid. 

2. Tub Accuser in a Criminal Trial. 

Any Roman citizen might accuse another before the praetor. But 
it was reckoned dishonourable to become an accuser, unless for the 
sake of the republic, to defend a client, or to revenge a father's 
quarrel, Cic. de Off. ii. 14. Divinat. 20. Verr. ii. 47. Sometimes 
young noblemen undertook the prosecution of an obnoxious magis- 
trate, to recommend themselves to the notice of their fellow-citizeus, 
Cic. pro Cal. vii. 30. in Verr. i. 38. Suet. Jul. 4. Plutarch, in Im* 
cullOj princ. 

If there was a competition between two or more persons, who 
should be the accuser of any one, as between Cicero and Csecilius 
Judeeus, which of them should prosecute Verres, who had been pro- 
praetor of Sicily, for extortion, it was determined who should be 
preferred by a previous trial, called DIVINATIO ; because there 
was no question about facts, but the judices, without the help of 
witnesses, divined, as it were, what was fit to be done, Ctc. divin. 
20. Ascon. in Cic. GelL ii. 4. He who prevailed, acted as the prin- 
cipal accuser, (ACCUSATOR :) those who joined in the accusa- 
tion, {causes vel accusationi subscribtbant,) and assisted him, were 
called SUBSCRIPTORES, Cic. divin. 15. pro Mur. 24. Fam. viii. 
8. arf Q. Fratr. iii. 4. hence subscribere judicium cum aliquo, to com- 
mence a suit against one, Plin. Ep. v. 1. 

It appears, however, there were public prosecutors of public 
crimes at Rome, Cic. pro Sex. Rose. 20. Plin. Epist. iii. 9. iv, 9. as 
in Greece, Cic, de Legg. iii. 47. 

Public informers or accusers (delatorcs publicorum criminum) 
were called QUADRUPLATORES, Cic. Verr. ii. 8. 9. either be- 
cause they jeceived as a reward the fourth part of the criminaPs 
effects, or of the fine imposed upon him : or, as others say, because 



mat ROMAN ANTIQUITIES. 

they accused persons, who, upon conviction, used to be eondemiied 
to pay fourfold, {quadnpli damnari;) as those guilty of illegal iisnry^ 

fiming, or the like, Cic, in CitciL 7. & 22. e/ ib» Abcoh, Paulun apud 
'tstunu Tacit. Annal. it. 20. But mercenary and false accusers 
(cALUHNiATORBS) chiofly wcre called by this name, Cic. Vtrr» iL 7. 
8. &; 0. PtauU rers. i. 2. 10. and also those judges, who maldng 
themselves parties in a cause, decided in their own favour, (fta m 
9uam rem liiem verierent ; interceptores litis aHefuZjOui tibi eonirovtr^ 
iiaaOm adjudicartrU rem,) liv. iil 72. Cic Csecin. 23. Seneca calk 
those who for small favours sought great returns, Quadnplalores fre- 
nifieiomm suorumy overrating or overvaluing them, de benef, vii. 25u 

3. Manmer of Making the Accusation. 

Th£ accuser summoned the person accused to court, {in jus vo- 
cabiUf) where he desired (postulabat) of the inquintor that be m^t 
be allowed to produce his charge, (nomen deferred and that the pro- 
tor would name a day for that purpose, Cic. Fam. viii 6. Hence 
Postulare aliquem de crimine^ to accuse ; libellus POSTOLATiONUiip 
a writing containing the several articles of a chaige, a libel, Plin. 
Ep. X. 85. 

This postulaiio or request was sometimes made in the. absence of 
the defendant, Cic. adfratr. iii. 1. 5. There were certain davs oo 
which the praetor attended to these requests, when he was said Pos- 
T17LATIONIBUS VACARE, PHn. Epist. vii. 33. 

On the day appointed, both parties being present, the accuser iirti 
"took {canciptebat) a solemn oatn, that he did not accuse from malice^ 
(cALUHNiuif JURA BAT,) and thcu the charge was made {delatio nond" 
nisjiebat)jn set form: thus, DICO vel AIO, tb in pratura spou* 

ASSE SICXJLOS CONTRA LEGEM CORNBUAH, ATQUR ED KOMIBTE SESTSR- 
TIUM MH^LIES A TE REPETO, Cic. Divin. 5. 

If the criminal was silent or confessed, an estimate of damages 
was made out (lis ei vel ejus <estimabaturj) and the affair was ended ; 
but If he denied, the accuser requested {posiulavit) that his name 
might be entered in the roll of criminals, (ui nomen inter reas rtei-^ 
pereter^ i. e. til in tabulam inter reos referreter,) and thus he was said 
KEUM facere, lege v. legibus interrogare, postulare : MULCT AM 
out pomam petere et repetere. These are equivalent to nomen dtferr^ 
and different from accusare, which properly signifies to substantiale 
or prove the charge ; the same with causam agere, and oppoaed to 
defendere, Quinctilian, v. 13. 3. Cic. Caei. 3. Dio. zxxiz. 7. Digest. /. 
10. de jure patron. 

If the prsBtor allowed his name to be enrolled, (for he might re- 
fiise it, Cic. Fam. viii. 8.) then the accuser delivered to the pn^tor 
a scroll or tablet, (LIBELLUS,) accurately written, mentioning 
tbe name of the defendant, his crime, and every circumstance rela- 
tinff to the crime ; which the accuser subscribed, Plin. Ep: i. 90. 
V. 1. or another for him, if he could not write ; at the same tbne 
himself to submit to a certain pimishment or fine, if iie didi 



JUDICIAL PROCEEDINGS, &c. 221^ 

Ht {nweciite or prove his charge ; {cavebat it in ermine perstven^ 
ttarum laqut ad sententiam.) 

There were certein crimes which were admitted to be tried in pre- 
ference to others, {extra ordinemy) as, concerning violence or murder, 
Plin, Ep, iii. 9. And sometimes the accused brought a counter 
charge of this kind against his accuser, to prevent his own trial, Cic* 
Fam, viii. 8. Dio. xxxix. 18. 

Then tbe prmtor appointed a certain day for the trial, usually 
tfie tenth day after, Ctc. ad Q. Pratr. illS. A scon, in ComeL Some^ 
times the SOth, as by the Licvnian and Julian laws, Cic. in Vat, 14 
But in trials for extortion, the accuser required a bnger interval. 
Thus Cicero was allowed 110 days, that he might go to Sicily in 
order to examine witnesses, and collect facts to support his indict* 
ment against Yerres, although he accomplished it in fifty days, Ae^' 
can, in Toe, Cie, Verr. Act, prim. Si. 

in the mean time the person accused changed his dress, (See p. 
8S.) and sought out persons to defend his cause. 

Of defenders (DEFENSORES) Asconius mentions four kinds ; 
FATRONI vel oratoree, who pleaded the cause ; ADVOCATI, 
who assisted by their counsel and presence ; (the proper meaning 
of the word, Ud, ii. 55.) PROCURATORES, who managed the 
biuDoess of a person in his absence : and C06NIT0RES, who de* 
fisinded the cause of a person when present, Ascon, in divin. in CmdL 
4, Festus. But a cognitor might also defend the cause of a person 
when itbsent, Cie. Verr. 2. 43. Horai, Sat. ii. 5. v. 28. Ctc. Rose, 
Com, 18. hence put for any defender, Liv. xxxix. 5. The procui* 
TtAares^ however, and eogniiores^ were used only in private trials ; 
the patroni and advocati, also in public. Before the civil wars, one 
rarely employed more than four patrons or pleaders, but afterwards 
often twelve, Ascon. in Cie. pro Scaur. 

4. Mavskk of cosDVCTisa the Trial, 

Oa the day of trial, if the preetor could not attend, the matter wm 
iput off to another day. But if he was present, both the accuser 
and defendant were cited by a herald. If the defendant was absent, 
he was exiled. Thus Yerres, after the first oration of Cicero against 
him, called actio prima^ went into voluntary banishment ; for the 
five last oratifHis, called libri in Verrem^ were never delivered, As- 
^on, in Verr, Yerres is said to have been afterwards restored by the 
influence of Cicero, Senec, Suae, vi. 6. and, what is remarkable, pe- 
rished together with Cicero in the proscription of Antony, on ac- 
count of his Corinthian vessels, whicn he would not part with to tto 
Triumvir, Plin, xxxiv. 2. Lactant. ii. 4. 

If the accuser was absent, the name of the defendant was taken 
fimm the roll of oriminals, {de reis exemptum est,) Ascon. in Cie 

But if both were present, the jndices or jury were first chosen, ei- 
ther by k>t or by naming, (per SORTITIONEM vel EDITIONEM ,) 
Mcoffdinff to the nature of the crime, and the law by which it was 
Irie4 If by lot, tbe prmtor ot judex qumstioms put into an urn the 



tSSt ROMAN ANTIQUITIES. 

names of all those who were appointed to (he judices for that year; 
and then took out by chance {sorte educebat) the number which the 
law prescribed. After which the defendant and accuser were al- 
lowed to reject {rejicere) such as they did not approve, and the prae- 
tor or judex qiuzsiionis substituted {suhsortiehaiur) others in their 
room, till the legal number was completed, Cic. in Verr, Act, i. 7. 
Ascon, in Cic. 

Sometimes the law allowed the accuser and defendant to choose 
the judices; in which case they were said Judices edere, and the 
judices were called EDITITII, Cic. pro Muran. 23. Plane, 15. 17. 
Thus by the Servilian law of Glaucia against extortion, the accuser 
was ordered to name from the whole number of judices an hundred, 
and from that hundred the defendant to choose fifty. By the Lici- 
nian law, de sodalitiisy the accuser was allowed to name the jury 
from the people at large, Cic. pro Plane. 17. 

The judices or jury being thus chosen, were cited by a herald. 
Those who could not attend produced their excuse, which the pne- 
tor might sustain (accipere) or not, as he pleased, Cic. Phil. v. 5. 

When they were all assembled, they swore to the laws, and that 
they would judge uprightly, Cic. pro Rose. Am. 3. hence called Ju- 
RATi Homines, Cic. I. Act. in Verr. 13. The praetor himself did 
not swear, ibid. 9. Then their names were marked down in a book, 
(libellis consignabantur,) and they took their seats, (stAsellia occu- 
pabantf) Ascon. in Verr. act. i. 6. 

The trial now began, and the accuser proceeded to prove his 
charge, which he usually did in two actions, (duabus actionibus.) In 
the first action, he produced his evidence or proofs, and, in the se- 
cond, he enforced them. 

The proofs were of three kinds, the declaration of slaves extorted 
by torture, (QUiESTIONES,) the testimony of free citizens, (TES- 
TES,) and writings, (TABULA.) 

1. QUiESTIONES. The slaves of the defendant were demand- 
ed by the prosecutor to be examined by torture in several trials, 
chiefly for murder and violence. But slaves could not be examined in 
this manner against their master's life, (m caput domini^) except in 
the case of incest, or a conspiracy aj^ainst the state, Ctc. Topic. 34. 
Mil. 22. Dejot. 1. Augustus, in order to elude this law, and sub- 
ject the slaves of the criminal to torture, ordered that they should be 
sold to the public, or to himself, Die. Iv. 5. Tiberius, to the public 
prosecutor; Mancipari publico actori jubet. Tacit. Annul, ii. 
30. iii. 67. but the ancient law was afterwards restored by Adrian 
and the Antonines, D. xlviii. 18. de quasi. 

The slaves of others, also, were sometimes demanded to be ex- 
amined by torture ; but not without the. consent of their master, and 
the accuser giving security, that if they were maimed or killed du- 
ring the torture, he would make up the damage, ibid. 

When slaves were examined by torture, they were stretched on a 
machine, called ECULEUS, or Equuleus, having their legs and 
arms tied i<f it with mpes, (fidiculis, Suet. Tib. 62. Cal. 2&.) and 



JUDICIAL PROCEEDINGS, &c- 239 

iMUig raised upright, as if suspended on a cross, their members were 
distended by means of screws, {per cochleaSf) sometimes till they 
were dislocated, {ut ossium compage resolveretur ^) hence Ectdeo 
longtor faciuSf Seoec. epist. 8. To increase the pain, plates of red 
hot iron, {lamiruB candentes,) pincers, burning pitch, &c were applied 
to them* But some give a different account of this matter. 

The confessions of slaves extorted by the rack, were written down 
on tables, which they sealed up till they were produced in courtt 
Ctc. PhiL 22. Private persons also sometimes examined the slaves 
by torture, Cic. pro Cluent. 63. 66. 

Masters frequently manumitted their slaves, that they might be 
exempted from this cruelty, Liv, viii. 15. Cic, MiL 21. for no Ro- 
man citizen could be scourged or put to the rack, Cic. Vtrr. v. 63* 
But the Emperor Tiberius subjected free citizens to the torture, Dio. 
Ivii. 19. 

2« TESTES. Free citizens gave their testimony upon oath, 
{juraii,) The form of interrogating them was, Sexte Tempani, 
qujERO'EX T£, ARBiTRERiSNE, C. Sempronium m tempore pugnam m- 
isse ? Liv. iv. 40. The witness answered, Arbit&or vel non arbi- 
TROR, Cic. Acad. iv. 47. pro Font. 9. 

Witnesses were either voluntary or involuntary, QuinctiL v. 7. 9. 
With regard to both, the prosecutor, (actor vel accusator) vroM said, 
Testes dare, adhibere, ct/are, colligere^ edere, proferre, $%J)omare^ 
vel producere, Cic. Verr. i. 18. v. 63, Fin. ii. 19. Juvenal, xvi. 29. 
&c* Testihus uti, Cic. Rose. Am. 36. With regard to the latter, 
us TESTIMONIUM DENUNciARE to summou them under a penalty, as 
in England, and among us, by a writ called subpoena, Ctc. ibid. 38. 
m Verr. 1. 19. Invitos evopare, Plin. Ep. iii. 9. The prosecutor only 
was allowed to summon witnesses against their will, Qidnctii v. 7. 
9* Plin. Ep. V. 20. vi. 5. and of these a different number by different 
laws, V(d. Max, viii. 1. Froniin. de limit. 5. usually no more than ten, 
D. de testib. 

Witnesses were said Testimonium dicere, dare, perhihere, pra* 
here, also pro testimonio audiri^ Suet. Claud. 15. The phrase de- 
'posiTioNEs testium, is not used by the classics, but only in the civil 
law. Those previously engaged to give evidence in favour of any 
one, were called Ai^ligati, Cic. ad Fratr. ii, 3. Isidor. v. 23. if in- 
structed what to say, ^ubornati, Ctc. Rose Com. 17. Plin. Ep. iiu 9. 

Persons might give evidence, although absent, by writing, {per 
tabvlas ;) but it was necessary that this should be done voluntarily, 
and before witnesses, (pmsentibus signatoribus,) QuinctiL v. 7. 

The character and condition of witnesses were particularly at- 
tended to; {diligenter expendebaniur,) Cic. pro Flacc. SL 

No one was obliged to be a witness against a near relation or 
friend, by the Julian law, /. 4. D. de Testib, and never {more majo^ 
mm) in his own cause, {de re sua,) Cic. Rose. Am. 36. 

The witnesses of each party had particular benches in the Forum, 
OB which they sat, Cic, pro Q. Rase 13. Quiyictil, v. 7; 



tm ROMAN ANTIQUITIES. 

Gireat dexterity was shown in interrogatiBg witnefliet, Cic. pra 
Flacc. 10. DtmaL in Teren. Eunuch, iv. 4. ▼. 33. QumclU. v. 7. 

Penons of an mfomous character were not admitted to owe evi* 
dence (testes non adhibiti swit,) and therefore were ealled INTBft* 
TABILES, PlauL CurcuL i. 5. v. 30. HoreU. SaL n. 3. v. ISl* 
OelL ▼!. 7. Tii. 18. as those likewise were, who being onoe called a» 
witnesses, {antestati^ ▼. in testimonium adhibiti^) aimwards refiiaed 
to give their testimony, GelL xv. 13. Women anciently wen not 
admitted as witnesses. GelL vi. 7. but in after times they were, Cic. 
Ferr. i. 37. 

A false witness, by the law of the Twelve Tables was thrown 
from the Tarpeian rode, GelL xx. 1. but afterwards the pumahment 
was arbitrary, /. 16. D. de Testih, el Sent. v. 25l §^2. except in war^ 
where a false witnesss was beaten to death with sticks by his feUow« 
soldiers, Polvb. vi. 35. 

3. TABULiE. By this name were called writing of every kind, 
which could be of use to prove the charge ; particulariy acooont- 
books, {tabtda accepti et expensi^) letters, tnlis or bonds, (syngra^ 
pha,) &c. 

In a trial for extortion, the account-books of the person accused 
were <sommon]y sealed up, and afterwards at the trral delivered to 
the judges for their inspection, Cic. Vert. i. 523. 6L 'Ba/6. 5. The 
ancient Romans used to make out their private accounts, {tabulsts 
sc. accepti et expensi confidere vol damesticas raiiones «crt6ere,) and' 
keep them with great care. They marked down the occurrencaa 
of each day first in a note-book, (ADVgRSAaiA, ^onony) which was 
kept only for a month, {menstrua erant ;) and then transcribed them 
into what we call a Ledger^ {codex vel tabnlcB,) which was preserved 
for ever, Cic, Qmnct. 2. but many dropped this costom after the 
laws ordered a man's papers to be sealed up when he vraa aoeused 
of certain crimes, and produced in courts as evidences aminst hira, 
Cic. Verr. i. 23. 39. Rose, Com, 2. CaL 7. Att. xii. 5. Tusc. v. SSL 
Suet. Cas. 47. 

The prosecutor having produced these difierent kinds of evidenoe, 
explained and enforced them in a speech, sometimes in twoormom* 
speeches, Gc. in Verr. Then the advocates of the crimioal replied; 
and their defence sometimes lasted for several days, Jscon. m Cic* 
pro CorneL In the end of their speeches {in epilogo vel ptroraticnc^ 
they tried to move the compassion of the judices^ and for that pur- 
pose often introduced the children of the criminal, Cic. pro Sexi. 69. 
In ancient times only one counsel were allowed to ea<» side, PUsu 
Ep,l20. 

In certain causes, persons were brought to attest the ehanioter 
of the accused, called LAUDAToass, Cic. pro Balh. la ChtmO. 69. 
fbm. I 9. fin. ii. 21. Suet. Aug. 56. If one codd not produce at 
least ten of these, it was thought proper to produce none, (fudai it* 
luniquasi legitimum numertm consuetudims non expUre^) Cic. Verr. 
V. 22. Their declaration, or that of the tovms from which ikmy 
came, was called X^UDATIO, ibid. ^ F\xm. 3. a & which woitl 



JUDICIAL FR0C££DINC8, dec (39 

lonly rigoifies a funeral oration delivered from the Rostra m 
araise of a person deceased, by some near relation, Cic. dt Oral. iL 
84 Uv. V. Sa Sb6<. Cas. vk 84. Jiug. 101. 716. 6. TaciL Annad. t; 
L xvi. & by an orator or chief magistrate, Plin. Ep. ii. 1« * 

Each orator, when he finished, said DIXl ; and when all the 
pleadings were ended, a herald called out, DIXERUNT, ve! -cae, 
Ascon, in Cic. Donai, in Ttr^ Phorm, ii. 3. 90. & f c 4L 

Then the pr»tor sent the juiices to give their verdict, (t)i corett- 
iium mitiebai^ ut senientiam ferrent vei dictrmt^) Cic Verr. i. 9. 
Cluent 37. 30. upon which they rose and went to deliberate for 
a little among themselves, ibid. Sometimes they passed sentence 
{MBnUniioM ftrthant) -ovoA voce in open court, but usually by ballot. 
The priBtor gave to each judex three tablets : on one was written 
the letter C, for condemnor I condemn ; on another, the letter A, for 
absolve^ i acquit ; and on a third, N» L. non iiqueA^ sc. mtAi, I am not 
clear, C<ts^ R Civ^ iii. 83. Each o( the judices threw which of these 
tablets he thought proper into an urn. There was an urn for each 
order of judges ; one for the senators, another for the egnUes^ and n 
third for the tribuni ararii^ Cic ad Q. Fratr. ii. 6. 

The prsstor, having taken out and counted the ballots, pronounced 
aentenee according to the opinion of the majority, (ex plurium seiu 
ieniia^) m a certain form. If a majority gave in the letter C, the 
prsetor said Videtur fecisse, i. e. guilty, Cic. Verr. v, 6. Acad. iv. 
47. If the letter A, 'Son videtuk fecisse, u e. not guilty. If N, L. 
the cause was deferred (causa ampuata est.) Ascon* in Cic 

The letter A was called LITERA 8ALUTARIS, and the tablet 
on which it was marked, tarella arsolutoria. Suet, Aug, 33. and 
C, littra TRISTIS, Cic. Ml. a the tablet, dabinatoria, SueU ibid. 
Among the Greeks, the condemning letter was 0, because it was the 
first letter ofdavoco^, death: hence called mortjferum^ Martial, vii. 
36. and nigrum^ Pers. 8at. 4. v. 13. Their acquitting letter is un« 
certain. 

It was anciently the custom to use white and black pebbles (/«• 
pita vel caiculi) in voting at trials ; Mos erai antignis niveis atrisque 
Imilhs^ His doTAnare reo*, iiiis absolv^rt culpa^ Ovid, Met. xv. 41. 
Hence causa paucoritm talcalorum^ a cause of small importance, 
where there were few judges to vote, Qumctil. viii. 3. 14. Omnis 
taladuS'immiltm demiititur aier in urnam^ i« e. he is condemned by 
all the judges, Ovid, ibid, 44» Reportart talculum deteriortm^ to be 
condemned ; melioremy to be acquitted, Corp, Juris. — Errori album 
takulum adjicere^ to pardon or excuse, PKn, Ep, u 2. To this Ho- 
race is thought to allude, SaL ii. 3. 246. i^reid an carbone noiandi? 
wee they to be approved or condemned 7 and Persius, Sat. v. 108. 
bat more probably to the Roman custom of marking in their kalen- 
dar unlucky days with black, {carbon^^ with charcoal; whence dies 
a<ri for m^aitf/t,) and lucky days with white,, (cre/4 vel rre5Ja notS^ 
with chalk, Horai. Od. i. SiS. 10. called Creta, or terra Cressa vel 
GraCJM, because it was brought from that island :) Hence mtare vel 

39 



m ROMAN ANTIQUITIES. 

$ignare diem lactea gemm& vel albA^ meliorihus lapUKs^ vel alUs eaU 
cidisj to mark a day as fortunate. Martial, viii. 45. is. 53. xi. 37. Perss 
Sat. ii. 1. Plin. Ep. vi. II. This custom is said to have been borrow-^ 
ed fronv the Thracians, or Scythians, who every evening, before they 
slept, threw into an urn or quiver, a white pebble, it' the day had 
passed agreeably ; but if not, a black one : And at their death, by 
counting the pebbles, their life was judged to have been happy or 
unhappy, Ptin. vii. 40.. To this Martial beautifully alludes, xii. 34. 

The Athenians, in voting about the banishment of a citizen, who 
was suspected to be too powerful, used shells, (6(r«-;axa testes vel tes' 
tulcB,) on which, those who were for banishing him wrote his name, 
and threw each his shell into an urn. This was done in a popular 
assembly ; and if the number of shells amounted to 6000, he was 
banished for ten years, (testanun suff'ragiis) by an ostracism, as it 
was called, Jfep. in Themist. 8. Ari&tid. 1.. CiVn. 3. Diodorus says, 
for five years, xi. 65. 

When the number of judges who condemned, and of tliose who 
acquitted, was equal, the criminal was acquitted, Cic, Clueut. 27. 
Plutarch in Mario. (See p. 88.) Calculo Miner v;e, by the vote of 
Minerva, as it was termed ; because when Orestes was tried before 
the Jlreop&gussX Athens for the murder of his mother, and the judges 
were divided, he was acquitted by the determination {sententia) of 
that goddess, Cic. pro Mil. 3. et ibi I^atnbin. MschyL Eumtnxd. v. 
738. In allusion to this, a privilege was granted to Augustus, if the 
number of the jiuiices, who condemned, was but one more than 
those that acquitted, of adding his vote to make an equality ; and 
thus of acquitting the criminal, Dio. li. 19. 

While ihejudices were putting the ballots into the urn, the crimi- 
nal and his friends threw themselves at their feet, and used every 
method to move .their compassion, f^aler. Max. viii. 1. 6. Ascon. in 
Cic. pro M. Scauro. 

The prcetor, when about to pronounce a sentence of condemn^* 
tion, used to lay aside his toga pratexta, Plutarch, in Cic. — Senec. 
de Ira. 1. 16. 

In a trial for extortion, sentence was not passed afterthe first ac- 
tion was finished ; that is, after the accuser had finished his plead- 
ing, and the defender had replied ; but the cause was a second time 
resumed, (causa iterum dicebalur vel agebatur^) after the interval of 
a day, or sometimes more, (especially if a festival intervened, as in 
the case of Verres, Cic. Verr. i. 7.) which was called COMPEREN- 
DINATIO, or -^atus, -tus, Cic. Verr. i. 9. et ibi, Ascon. &c. Then 
the defender spoke first, and the accuser replied ; after which sen- 
tence was passed. This was done, although the cause was perfect- 
ly clear, by the Glaucian law ; but before that, by the Adlian law, 
criminals were condemned after one hearing, (ttmel dictd causd^ se^ 
mel auditis tesHbus,) ibid. 

When there was any obscurity in the cause, and the judices were 
uncertain whether to condemn or acquit the criminal, which they 
expressed by giving in the tablets, on which the letters N. L. were 



JUWCIAL PROCEEDINGS, &c. flSfr 

vniUm, and the pretor, by pronouncing AMPLITJS, Ct>. ibid, tte 
cause was deferred to any day the prsetor chose to name. This was 
ealled Ahpli atio, and the criminal or cause was said ampliari; whicii 
sometimes was done several times, and the cause pleaded each time 
anew, Cic, Brut. 2*2. Bis ampliatus^ iertia ahsolutus est reusy Liv. xliiL 
2. So iv. 44. Causa L. CoUa septies ampliaia^ ct ad ultimwn octavo 
jitdicio ahsoluta est^ Valer. Max. viii. 1. 1 i. Sometimes the prstor, 
to gratify the criminal or his friends, put off the trial till he should 
resign his office, and thus not have it in his power to pass sentence 
(ne dicertljm) upon him, Liv. xli. 22. 

If the criminal was ac(|uitted, he went home and resumed his usual 
dress {sordido habitu posito, albam togam resumebat). If there was 
ground for it, he might bring his accuser to a trial for false accusa* 
tion, (rALUMNia,) or for what was called PRiEVARICATIO ; that 
isy betraying the cause of one's client, and by neglect or collusion 
assisting his opponent, Cic. Topic. 36. Plin. Epist. i. 20. iii. 9. 
Qninctil. ix. 2. 

PaicvARiCARr, comp. of pra et xarico^ v. ^or (from raru^, bow or 
bandy-legged, crura incurca habens)^ signifies properly to straddU, to 
stand or walk wide, with the feet too far removed from one another,, 
not to go straight, (arator^ nisi incurvus, pr»varicatur, i. e. nan reC" 
ium sulcum agit^el a recto suico diverlit. Plin.) Hence, to shuffle, 
to play fast atid loose, to act deceitfully, {in contrariis causis quasi 
varie esse positus, Cicv ibid.) 

If the criminal was condemned, he was punished by law accord- 
ing to the nature of his crime. 

« 

Under the emperors most criminal causes were tried in the senate* 
Dio. Ivii. 16. alibi passim^ who could either mitigate or extend the 
rigour of the laws, (mitigare leges et inttnd^re,)Vl\n, Ep. ii. 11. iv. 
9. although this was sometimes contested ; (alas cogniiionem scna* 
itis lege coHchisam, aliis liberam soluiamque dicentibus,) id. 

If a person was charged with a particular crime, comprehended in 
a particular law, select judges were appointed ; but .if the crimes 
were various, and of an atrocious nature, the senate itself judged of 
them, Plin. ii. 10. as the people did formerly ; whose power Tiberius, 
by the suppression of the Comiiia^ transferred to the senate, Tacit^ 
JlnnaL i. 15. When any province complained of their governors, 
and sent ambassadors to prosecute them, {legatos vel inquisilores 
miltebanif qui in eos inquisitionem postularent,) the cause was tried in 
the senate ; who appointed certain persons of their own number to 
be advocates, Plin. Ep. ii. 11. iii. 9. commonly such as the province 
requested, ihid. iii. 4. 

When the senate took cognizance of a cause, it was said suscipere 
Tel recipere cognitiffnem^ and dare inquisitionem^ Plin. £p. vi. 29« 
when it appointed certain persons to plead any cause, dare advoca* 
Tos, V. PATaoNos, /d. ii. 11. iii. 4. vi. 29. vii. 6. 33. So the em* 
peror, Id. vi. 22. When several advocates either proposed or e» 



fn ROMAN ANTIQUITIES. 

■ 

€U9ed themselves, it was determined by lot who shoold mani^ tb» 
cause, {nomiiia in urnam conjecia swilj) Id. x. 20. 

When the criminal was brought into the senate-house by the li^ 
tors, he was said f.s$e inductus, Id. ii. 11. 12. v. 4. 13. So the pro- 
secutors, Id» V. 20. 

When an advocate began to plead, he was said descendere ui actu* 
niSy ad agendum vcl ad accvsandum^ Id. v« 13. because perhaps he 
stood in a lawer place than that in which the ju<^s sat, or aime 
from a place of ease and safety, to a place of dimculty and danger ; 
thus {dtscendere in aciem^ v. pralium^ in campwn^ Y.fonmif jrc.) to go 
on and finish the cause, catisam peragere v. perferre^ ib. If an advo* 
cate betrayed the cause of his client, (si pravaricatus essei^) he waft 
suspended from the exercise of his profession, {<n advotalionibuSf tn- 
ttrdiclum est,) or otherwise punished, ibid. 

An experienced advocate commonly assumed a young one in the 
same cause wilh him, to introduce him at the bar, and recomroeod 
him to notice, {prodnrere, osUndtrt famaj et assignare fanuz^ Plin« 
Ep.vi. 23.) 

Afler the senate passed sentence, criminals used to be executed 
without delay. But Tiberius caused a decree to be made, that no 
one condemned by the senate should be put to death within ten 
days ; that the emperor, if absent from the city, nilght have time to 
consider their sentence, and prevent the execution of it, if he 
thought proper, Dio, Ivii. 20. Iviii. 27. TaciL AnnaL iii. 51. SwL 
Tib. 75. Stntc. iranq. an. 14. 

5. Different Kinds of Punishments among the Romans. 

Pi^NiAHHENTs among the Romans were of eight kinds. 

1. MULCTA vel damnum^ a fine, which at first never exceeded 
two oxen and thirty sheep, or the valuation of them. See Les 
Ateria, Lxv. iv. 30. But afterwards it was increased. 

2. VINCULA, bonds, which included public and private cus- 
tody ; publicy in prison, into which criminals were thrown after 
confession or conviction, Cic. de Divin. i. 23. TaciL iii. 51. and />ri- 
vale, when they were delivered to magistrates, or even to private 
persons, to be kept at their houses, {in libera custodia^ as it was call- 
ed,) till they should be tried, Sallust. Cat. 47. Iav. xxzix. 14. 7k- 
cit. vi. 3. 

A prison (CARCER) was first built by Ancus Martius, Lit. L 
33. and enlarged by Servius Tullius ; whence that part of it below 
ffround built by him, was called TULLIANUM, Sallust, Col. 55. 
Kiarr. de Lat. ling. iv. 32. or LAUTUMIiE, i. e. loca ex gvibus 
lapidts excisi xtmt, FesL in voce. Liv. xxvi. 27. xxxii. 26w xxxyiL 
5. xxxix. 44. in allusion to a place of the same kind built by Dio- 
nysius at Syracuse, Cic. Verr. v. 27. b*\ Another part, or, as some 
think, the same part, from its security and strength, was called RO* 
BUR, or rnbus^ Festus. in voce. Liv. xxxviii. 59. Valer. Max, vi. 
3. 1. Tacit. Aunal. iv. 29. 

Under the name of vincuta were comprehended caiana^ chains ; 



JUDICIAL PROCEEDINGS, dec SS8 

con^ndes rel ptdicttf fetters or bonds fer the feet : monicay maoap 
cles or bonds for the hands ; Ncavos, an iron bond or shackle for 
(be feet or neck« Festus in voce ; also a wooden frame with holes, 
in which the feet were put and fastened, the stocks ; sometimes 
also the hands and neck; called likewise Columbar, P/au/. /7t£(f. 
iii. 6. 30. Liv, viii. 28. Boiat^ leathern thongs, and also iron chains, 
for tying the neck or feet, Piaul. Aain. iii. 3. 5. 

3. VERBERA, beating or scourging, with sticks or staves (/ttf- 
iihus) ; with rods, (virgis ;) with whips or lashes, (jlagtUis.) Bui 
the first were in a manner peculiar to the camp, where the punish- 
ment was called Fustuarium, and the last to slaves, HoraL Epod* 
4. Ctc. Robir. perd. 4, JuoenaL x. 109. Cic. Verr, iii. 29. Rods only 
were applied to citizens, and the use of these too were forbidden by 
the Porcian law, Liv. x. 9. Sailusi. Cat. 51. Cic. i6« But under 
the emperors citizens were punished with these, and more severe 
instruments, as with whips loaded with lead, ( palumhatis^) d&c. 

4. TALIO, {smilitudo supplicii vel vindiclay hostimentwn^) a 

1 punishment similar to the injury, an eye for an eye, a limb for a 
imb, &C. But this punishment, although mentioned in the Twelve 
Tables, seems very rarely to have been inflicted, because by law 
the removal of it could be purchased by a pecuniary compensationi 
(talio vel poma reflimi poltrat^) GelL xx. 1. 

5. IGNOMINIA vel Infamia. Disgrace or infamy was inflicted 
(inurebatur vel irrogabalur), either by the censors, or by law, and 
by the edict of the praetor. Those made infamous by a judicial 
sentence, were deprived of their dignity, and rendered incapable 
of enjoying public oflices ; sometimes also of being witnesses, or of 
makii^ a testament ; hence called iNTBarrASiLEs, Digest. 

6. EXILIUM , banishment. This word was not used in a judi- 
cial sentence, but Aqujc et ignis iNTsanicTio, forbidding one the 
use of fire and water, whereby a person was banished from Italy, 
but might go to any other place he chose. Augustus introduced 
two new forms of banishment, called Deportatio, perpetual ban* 
ishment to a certain place : and Relboatio, either a temporary or 
perpetual banishment of a person to a certain place, without depriv- 
ing him of his rights and fortunes. See p. 66. Sometimes per* 
sons were only banished from Italy {iis Itali& inierdictum) for a lim* 
ited time, Plin. Ep. iii. 9. 

7. SERVITUS, slavery. Those were sold as slaves who did not 
give in their names to be enrolled in the censor^s' books, or refused 
to enlist as soldiers ; because thus they were supposed to have vo- 
luntarily renounced the rights of citizens, Cic. Ctzcin. 34. See p. 66. 

. 8. MORS, death, was either civil or natural. Banishment and 
davery were called a civil death. Only the most heinous crimes 
were punished by a violent death. 

In ancient times it seems to have been most usual to hang male- 
ftetors, {infelici arbori suspendere,) Liv. i. 26. afterwards to scourge, 
fni^ aBdere) and behead them, (pectin percutere^) Liv. iii. 5. vii. 19. 
xxvi. 15. to throw them from the Tarpeian rock, {de saxo Tarpti» 



230 ROMAN ANTIQUITIES. 

dfjicere.) td. vi. 20. or from that place in the prison called Robub, 

Festus, Voter. Max, vi. 31. also to strangle them {laqueo ^am^ 
gvUur, vel cervicemfrangere)^ in prison, Id, v. 4. 7. Saitust. CaL 55. 
Cic, Valiri. 11. Li/ca/?. ii. 154. 

The bodies of criminals, when executed, were not burnt or bu- 
ried ; but exposed before the prison, usually on certain stairs, call- 
ed GEMONiiE: sc scalcR^ vel Gemomi gradus {qndd gemilus locus ef- 
set ji) and then dragged with a hook, {unco tracli,) and thiown into 
the Tiber, Suet. Tib. 63. 61. 75. yUell. 17. Tacit. Hist. iii. 74 Plin. 
viii. 40. s. 61. Vaier. Max. vi. 3. 3. Juvenal, x, 66. Sometimes, 
however, their friends purchased the right of burying them. 

Under the emperors several new and more severe punishments 
were contrived ; as, exposing to wild beasts, {ad beslias damnation) 
burning alive, {vivicomburium,) &c. When criminals were burnt, 
they were dressed in a tunic besmeared with pitch and other com- 
bustible matter; called TUNICA MOLESTA, S^n^r . £/>. 14. yw- 
venal, viii. 235. i. 155. Martial, x. 25. 5. as the Christians are sup- 
posed to have been put to death, Tacit. ,^nval. xv. 44.- Pitch is 
mentioned among the instruments of torture in more ancient times, 
PlauL Capt. iii. 4. 65. Lucret. iii. 1030. 

Sometimes persons were condemned to the public works, to en- 
gage with wild beasts, or fight as gladiators, Plin. Ep. x. 40. or 
were employed as public slaves in attending on the public baths, in 
cleansing common sewers, or repairing the streets and highways. Id. 

Slaves, after being scourged {sitb furr/i casi), were crucified (in 
crucem acti'swtt,) usually with a label or inscription on their breast, 
intimating their crime, or the cause of their punishment, Dio. Iiv« 
3. as was commonly done to other criminals when executed, SveL 
-Cai. 32. Dom. 10. Thus Pilate put a title or superscription on the 
cross of our Saviour, Matt, xxvii. 37. John xix. 19. The form of 
the cross is described by Dionysius, vii. 69. Vedius Pollio, one of 
the friends of Augustus, devised a new species of cruelty to slaves, 
throwing them into a fish pond, to be devoured by lampreys, (mti- 
roince,) rlin. ix. 23. s. 39. Dio. liv. 23. 

A person guilty of parricide, that is, of murdering a parent or any 
near relation, after being severely scourged, {sanguineis virgis cm* 
suSf) was sewed up in a sack, {culeo insatvSy) with a dog, a cock^ a 
viper, and an ape, and then thrown into the sea or a deep river, 
Cic. pro Rose. Amer. ii. 25. 26. Senec. Clem. i. 23. 

RELIGION of the HEATHEK—ORIGIX of POLYTHEISM. 

Th is is a very extensive subject, and would require of itself a 
volume. We can only give a few general sketches, interspersing 
some hints, which will show the necessity and propriety of seeking 
further information from other sources. Some have supposed the 
groupe of Heathen Deities to have taken rise from the custom in- 
troduced by the Poets, and practised both by Philosophers and Oru* 
iors, of personifying the VIRTUES and VICES of the human 
heart : and no doubt there is some foundation for this opinion. I£ 



REU6I0N OF THE HEATHEN, dec 23t 

. • 

Uie deities of the nations, their various characteristics and attributes, 
be considered, it will immediately appear that their numbers have 
been increased, their characters embellished, and their exploits 
emblazoned by this circumstance. We cannot, consistently with 
our plan, give many instances of the truth of this observation. One 
or two must suffice. MINERVA is the goddess of wisdom, and she 
sprung from the brain of Jupiter, by the stroke of VvdcarHs hammen 
May we not clearly interpret this generation of wisdom's goddess, 
upon well known and obvious principles ? Wisdom has always been 
supposed to be seated in the head ; it is the fruit of much labour 
and application ; it cannot be acquired in a high degree without 
ffreat mental exertions ; and it proceeds, as does every good gift, 
from the Most High. Hence the fiction of MINERVA'S being ge- 
nerated from the head of JUPITER, the king of the gods, by the 
stroke of VULCAN, the most laborious and industrious among the 
deities. VENUS is the goddess of beauty, and said to be produced 
from the foam of the sea, near the island of Cythtra, Beauty is a 
female quality, highly prized ; though a dangerous and precarious 
accomplishment. The splendour and instability of froth, as virell as 
its emptiness, are fit emblems of beauty. The GRECIAN islands 
are to this day famous for producing beautiful women ; and the sea 
is a most dangerous element to man. 

2. Others have conceived the deities of the heathens to be no 
other than the great men and heroes of the earth : and their exploits, 
to be only their history, adorned and embellished by the Orators 
and Poets. Facts almost innumerable will justify this hypothesis. 
BBLUS was an Assyrian monarch, and was worshipped after his 
decease as a god, under the name of BEL. JUPITER was the 
kinv of the gods, and born in Crete. A person of that name was 
really king there, exercised his sdvereignty over that beautiful isl« 
and, and was deifie^. 

3. Others have supposed that many of the deities took their ori« 

;jin from the perversion or misapprehension of Scripture passages^ 
aintly handed down by tradition. Thus the character of BAC- 
CHUS has been thought to be formed from those of Mnih^ Moses, 
and Joshua : and, surely, if we examine scripture accounts, and 
compare them with the character of BACCHUS, we shall find 
some ground for this supposition, BACCHUS was the god of wine ; 
bore a spear entwined with vine-leaves ; was the conqueror of 
India ; always young ; and performed many miraculous exploits. 
NOAH planted a vineyard, and was intoxicated with the fruit of 
the vine. The thyrsus and youth of BACCHUS, and the rod and 
perpetual vigour of Moses ; as well as the conquests and youth of 
Joshua, and those of Bacchus, bear a strong resemblance. Thus, 
also, HERCULES has been taken for the SAMSON of the Bible. 
It is needless to state the parallel in detail, the general resemblance 
most strike us very forcibly : both of them were remarkable for 
their great strength^ displayed in the destruction of wild beasts ; 
both <H their lives were subject to continual disquiet and danger ; 



983 SOMAN AMTIQUITIEflL 

both were slaTes to female caprice, and remarkable for their attach* 
ment to women : and a woman was eventually the ruin of both* A 
detailed comparison between Moses and Bacchus shows still more 
clearly the justice of the remark, that scripture history (misrepre- 
sented or perverted,) has furnished materials for forming the cha- 
racters of the heathen aod^.* Various derivations have been as- 
signed to the name JUPlTER, otherwise written J0VI8 PATER, 
or DIISPATER, the father and king of the gods ; and it appears 
clear, that the word will admit of different etymologies, according 
to the view in which it is considered, and the language whence it 
may be supposed to spring. The word Jupiter^ may be easily formed 
from the two Greek words Zfu; and van^, in the vocative case, or 
state of invocation, Zeurani^, and its meaning or signification may be 
then readily discovered : Zsu^, Za^, Zih^, or Z)jv, being clearly deriv* 
ed from Zau vtro, and the proper meaning will then be father 
of life. Again, Jovispater, another of the names by which this god 
is distinguished, is a compound word, the first part of which is com* 
monly found in the oblique cases only, and may be derived from the 
Hebrew r\H\ JAH or JEHOVAH, / am, or / am that I am / pointing 
out the self-sufficiency, immutability, eternity, and incomprehensi-* 
bility of the Deity.- From which it appears, that the name and at- 
tributes of the true God, perverted or misapprehended by tradition, 
have given occasion to the various characters and worship applied 
to Jupiter. 

4. The Trinity of the Scriptures, which in itself is a mystery in» 
comprehensible by reason, has, in like manner, doubtless, given 
birth to the tryad of Plato, of the Persians^ Indians^ and other na- 
tions ; and the attempts to explain the doctrine of the Tnnity, from 
principles of reason, have probably given rise to the immense mul- 
titude of heathen deities. 

5. Others, with great appearance of reason, have derived the ori- 

* Thepmrallel between the ilfiiMsand BACCHUS, prosecuted in detftil, U as follows: 
1. M^sas^ one of the names of BACCHUS, and Meats, bulb signify saved or dimwa 

from the water. 
d. BACCHUS with his Viyrsits or rod. fought against the GianU.— Afbsei con* 

tended against the giant magicians Jannes and Jambres. 

3. Bacchus was brought up in Nym, a City or Mountain in Arabia.— JIftwf m« 
eeived the Law oa Mount Sinai in Arabia : these two names by traosposition am 
the same. 

4. BACCHUS was for some time secretly nursed by his aunt Ino, and afterwarda 
delivered to be brought up by the nymphs.^Afo«e9 was for a time secretly nnned bjr 
bis mother, afterwards esposed among the marshes formed by the Mile, taken up bj 
the daughter of Pharaoh, and her Nymphs, and by her delivered to be nursed, and 
brought up br his mother. 

6. BACCHUS collected a large army in fj^, consitling of men, women, and 
ehildren, and passed through the desert, in order to punish a wiclced and rebelliooa 
nation.— iir«MS, in like manner crossed the desert with the IsmeliteSt composing a 
large body of 600,000 men, besides women and children, for the eitirpation of an 
impioiis and idolatrous nation. 

0. The youthful vigour of Masts was preserved by divine power.— The perpetual 
yoatb of BACCHUS was constantly celebrated by tbe Poets. 

7. BACCHU8*8 faithful dog was his constant companion in all his travels.— Colsfr, 
ttM^ftitbioJ oompAQion of Mbim, among other things, signifies a dog. 



BELIOION OF THE HEATHBN, Ac S» 

90 ef many of the heathen deities from the heavenly bodies ; ivfaieh 
were first the subjects of admiratioo» and afterwards the objects of 
worship, on account of the extensive benefits derived from them to 
mankind. Thus PHCEBUS, <t^oifiog, otherwise called APOLLO, 
from 9uf, was the god of the sun, sometimes also called SOL. DIA- 
NA on earth, was LUNA in heaven.' CASTOR and POLLUX, 
ANDROMEDA, and others, were stars, and TELLUS, the god- 
dess of the earth. For the same reason, viz. for the benefits, real 
or supposed, to be derived from them to man, adoration was paid to 
thh deities of rivers, lakes, fountains, &c. 

6. Still further : ALLEGORY has been sometimes successfully 
applied to account for the worship of many of the heathen deities* 
Thus MATTER, and its various modifications, are supposed to have 
been contemplated, especially by the Pythagoreans, under the names 
and characters of various gods. Thus the SATURNUS of the 
Romans, who was the Seater of the Saxons, and X^ovo; of the Greeks^ 
is supposed to mean original matter, or the hidden secret state of 
matter, out of which all visible forms are generated, and into which 
they sink again : whence this deity is said to have devoured his own 
children ; and because this decay of forms is the work of time, he 
is called X;ov«^. He is fabled to have been married to OPS, because 
tnatter when united to form becomes visible : and OPS is called the 
mother of the gods, because the elements which they deified, were 
no objects of worship, till they were in a formed state, and became 
visible. 

In confirmation of this sentiment, the Saxon Idol Seater, was re* 
presented by symbols, expressive of this physiological character. 

PROTEUS, also, who had the faculty of transforming himself in* 
to all shapes, has been supposed to represent the same first or pri- 
mordial matter, which is capable of all forms. The SATYRS, whose 
# name and signification are nearly allied to Saturn, are therefore said 
to have hid themselves in vXi|, which is an ei^uivocal term, and signi- 
fies either wood or matter. It may be remarked, though rather fo« 
reiffn to our purpose, that Woden or Goden, (the letters fV. 
ana G being convertible, and frequently used the one for tlie 
other, as in UALLIA and WALLIA,) was one of the Saxon gods, 
the god of war, and in very high estimation among the ancient Ger- 
mans, and that our term for the Deity, viz. GOD, is borrowed from 
the Saxon, omitting the termination. The adjective, good, may 
have the same etymology. 

We need not be surprised, therefore, to find that the gods of the 
Romans, hereafter mentioned, were very numerous : for they read- 
ily adopted the gods of the nations which they conquered ; and 
sometimes conveyed their statues or images, with £reat ceremonjr^ 
and at a vast expense, from foreign parts. So pliable was the spi- 
rit of Polytheism^ that the worship of diflTerent deities seldom occa- 
ii<HMd any feuds or animosities among their devotees. 

The very idea of the existence of a multiplicity of gods, naturally 

30 



S34 ROMAN ANTIQUrnES. 

relaxes the fleverity of religious sentiment ; the homage paid isnere-^ 
ly external ; it does not engace the heart ; and the mind, distracted 
by unlimited variety, and without any fixed and determinate object 
of worship, readily distributes a portion of its regard, to gratify the 
partiality of a neighbour or friend. 

For these reasons, although the senate considered themse'ves the 
guardians of the public religion, and particular officers, called adilrs^ 
were annually appointed, whose duty it was, among other things, to 
prevent the introduction of new gods, or of new religious ceremonies ; 
so loose where the religious principles of the Romans^ that the intro- 
duction or rejection of foreign deities rarely excited any alarm, and 
never produced any dangerous commotion. 

The Christian system, on the contrary, not only because it com- 
bated their prejudices, and opposed the deep-rooted and favourite 
corruptions and passions of the human heart ; but because it nar- 
rowed the basis of religious homage, and condemned both the prin- 
ciples and practices of Pagan worship, raised the most violent re- 
sentment, and occasioned nerce and bloody persecutions. 

• The Jewish religion, if its prbfessors had not been despised for 
theic obscurity, the smallness of their number, and their bigoted at- 
tachment to their own ceremonies, which were by these ignorant 
idolaters supposed to be either unnecessary or ridiculous, would un- 
doubtedly have been attended with the same effects. 

RELIGION OF THE ROMANS. 

I. The GODS whom they Worshipped. 

Thesg were very numerous, and divided into Dii majorum gen^. 
fttim, and Minorum gtuiium^ Cic. Tusc. L 13. in allusion to the di- 
vision of senators. 8ec p. 14. 

The DII MAJORUM GENTIUM were the great celestial dei- 
ties, and those called Dii Selectu 

The ffreat celestial deities were twelve in number : Dionus, vii. 73* 

1. JUPITER, (Ze^s n«rT);, voc Zsv Hats^,) the king of Gods and 
men ; the son of Solum and Rhea or Qp#, the goddess of the earth ; 
bom and educated in the island of Crete ; supposed to have de- 
throned his father, and to have divided his kingdom with his broth- 
ers ; so that he himself obtained the air and earth, Neptune the sea, 
and Pluto the infernal regions ; — usually represented as sitting on an 
ivory throne, holding a •sceptre in his left hand, and a thunderbolt 
{fiilmen) in his right, with an eagle ; and Hebe^ the daughter of Juno, 
and goddess of youth, or the boy Ganymldes^ the son of Tros, his 
cup-bearer, {pincema vel pocillator,) attending on him ; called Ju- 
riTCR Fkretrius, (a ferendo, qudd ti spolia opima afferebantur fer- 
culo vel feretm j^e^to, Liv. i. 10. vel a feriendo, Plutarch, in Rvmu- 
io; Omine qv6d certo dux ferit ense ducetn^ Propert. iv. 11.46. 
Dionys. i. 34.) Ei.irius, {quid se ilium certo carmine e calo elicere 
posse credebant^ Ovid, Fast. iii. 327. ut edoceret^ quomodo prodigia 
/ii/mtniiuf, aliove quo visa missa^ curartniw vel expiareniwr^ ibid. & 



f 



REUGION OF THE ROMANS. SS5 

*hr. i. 20.) Stator CAPtTOLiNuSrand Tonans, Vfhich two were 
diflerent, and had difierent temples, Dio. liv* 4 Sim^ ^vg» 29« & 
.91. Taki'eius, Latialis, Diespiter, (dm ei \ucis pater) Optiiius 
Maximus, Olvmficus, 8uMaiu;<, &c. Sub Jove/rigido^ mb dio^ under 
the cold air, Horai, Od. I L 25. ii. 3. 23. Dtxiro Jove^ by the fa- 
vour of Jupiter, Pers* v. 1 14. Incolumi Jove^ i. e. CapUoliOf ubi Jupi* 
Ur coUh€Uur^ Horat. Od. iii. 5. 12. 

2. JUNO, the wife and sister of Jupiter, queen of the gods» the 
goddess of marriage and of child-birth ;^— called Juko recina Tel 
refria : Promjba, {qudd nubentibus prasset^ Serv. in Viiig. ^n. iv« 
166, Ovid. Ep. vi« 43^ Sat:ri9 prafecta marilis^ L e. nuplialibus so* 
hmmiatihusn ib. xii. 65.) Mathona, Luci^ta, (fcid^^ lucem nanctniU 
hm dareff) Moneta, (a monendo^ because, when an earthquake hap- 
pened, a voice was uttered from her temple, advising the Romans 
to make expiation by sacrificing a pregnant sow, Cic, divin. i« 4& 
ii. 32.) represented in a long robe, (stqla) and magnificent dress : 
sometimes sitting or standing in a light car, drawn by peacocks, at- 
tended by the Auras, or air nymphs, and by Ikis, the goddess of the 
rainbow. Junont secundA^ by the favour of, f^irg. Mn. iv. 45. 

3. MINERVA or PALLAS, the goddess of wisdom ; hence said 
to have sprung (cum clypeo prosiluisse, Ovid. Fast. iii. 841.) from 
the brain of Jupiter, by the stroke of Vulcan ; Ter. HeauL v. 4. 13. 
also of war and of arms ; said to be the inventress of spinning and 
weaving, (Imnijini el ttxlurw) of the olive, and of warlike chariots ; 
Ovid. t6iV/.— called ^rmipoUns^ Triionia virgo^ because she was first 
seen near tlie lake Triidnis in Africa : Mlica vel Cercopia^ because 
she was- chiefly worshipped at Athens ; — represented as an armed 
virgin, beautiful, but stern and dark-coloured, with azure or sky-co- 
loured eyes, (glands occulis, yysjxwwKi^ A^iiv^,) shining like the eyes of 
a cat or an owl, (/Xou^, -xo;, noctua,) Cell. ii. 26. having an helmet on 
her head, and a plume nodding formidably in the air ; holding in her 
right hand a apqar, and in her left, a shield covered with the skin of 
the goat Amalihea^ by which she was nursed, (hence called £GIS,) 
given her by Jupiter, whoso shield had the same name, Virg. Mn. 
viii. 334. Si ibi Serv. in the middle of which was the head of the 
Goigon Medusa J a monster with snaky*hair, which turned every one 
who looked at it into stone, ibid. 

There was a statue of Minerva, (PALLADIUM,)^ supposed to 
have fallen from heaven, which was religiously kept m her temple 
by the Trojans, and stolen from thence by Ulysses and DiomSdes. 
Tolerare colo vilam tenuique MinervA^ i. e. lanijicio non quamtuosOf' 
by spinning and weaving, which bring small profit. Virg. Mn. viii. 
4SQ. Inxiti Minerva^ i. e. 'adversante ft repugnante naiun), against 
nature or natural genius. Cic. Off. i. 31. Jgere aliquid pingtti Mi' 
fifrvd^ simply, bluntly, without art, Columell. 1. or. 33. xL I. 32. 
Mnormis sapiens^ vrassdqut Minerv&y a philosopher without rulcF, 
and of strong rough common sense, Horat. Sat. ii. 2. Sus Minervamf 
8c« dacet, a proverb a^inst a person, who pretends to teaeh those 
.who are wiser than mmself, or to teach a tluRg of which he himself 



t» ROMAN ANTIQUITIlBS. 

M ignoreut, Cic. Acad. i. 4. Ftstus. — Pallas is also put for oil, OviJL 
Bp. xix« 44. because she is said first to have taught the use of h. 

4. VESTA, the goddess of fire. Two of this name are mention- 
ed by the poets ; one the mother, and the other the daughter of 
Saturn, who are often confounded : But the latter chiefly was wor« 
siiipped at Rome. In her sanctuary was supposed to be preserved 
the Palladium of Troy, (fatale pignus imperii Romani,) Liv, xxvi. 
S7. and a fire kept continually burning by a number of virgins, call* 
ed the Festal Virgins ; brought by JSneas from Troy, Virg, JEn. iL 
897. hence hit locus es Vesict^ qui Pallada servat et ionbm, Ovid* 
TrisL iii. I. 39. near which was the palace of Numa, ib. 40. OraL 
Orf.i.2. 16. 

5. CERES, the goddess of com and husbandry, the sister of Ju* 
piter ; worshipped chiefly at Eleusis in Qreece, and in Sicily : her 
sacred rites were kept very secret. — She is represented with her 
head crowned with ears of corn or poppies, and her robes falling 
down to her feet, holding a torch in her band. She is said to have 
wandered over the whole earth with a torch in her hand, which she 
lighted at Mount ^tna : {Hint Ceteris sacris nunc quoque ietda da^ 
tur^ Ovid. Fast. iv. 494.) in quest of her daughter Proserpina^ who 
was carried off* by Pluto. PLUTUS, the god of riches, is sup- 
posed to be the son of Ceres. 

Ceres is called Legijera^ the lazogiver^ because laws were the ef« 
feet of husbandry, Plin. viii. 56. and Arcana^ because her sacred rites 
were celebrated with great secrecy, HoraL Od. iii. 2. 27. and with 
torches ; whence, et per tadifera mysiica sacra Dea, Ovid. £p. ii. 48. 
particularly at Eleusis in Attica, {sacra Elevsinia,) from which, by the 
voice of a herald, the wicked were excluded ; and even Nero, white 
in Greece, dared not to profane them, SueL JVcr. 34. Whoever en- 
tered without being initiated, although ignorant of this prohibition, 
was put to death, JUb, xxxl 14 Those initiated were called My>tje, 
Ovid, Fast. iv. 356. (a fituu, premo,) whence mysterium. A preg- 
nant sow was sacrificed to Ceres, because that animal was hurtfid 
to the corn fields, Ovid. Pont. ii. 9. 30. Met. xv. 111. And a fot 
was burnt to death at her sacred ntes, with torches tied around it ; 
because a fox wrapt round with stubble and hay set on fire, being 
let go by a boy, once burnt the growing corn of the people of Car* 
■eili, a town of the iEqui, Ovid. Fast. iv. 681. to 713. as the foxes of 
Satfison did the standing corn of the Philistines, Judg. xv. 4. 

Cecres is often put for com or bread ; as, Sine Ctrere et Baccho 
friget Fenus^ without bread and wine love crows cold, Tereni. Em* 
iv. 5. 6. Cic. Kat. D. ii. 23. 

6. NEPTUNE, (rt nando, Cic. Nat. D. li. 26. vel qudd mart 
terras obnubit, utnubes calum ; a nuptu, id esty opertione ; unde nop» 
tiss, Farr. L. L. iv. 10.) the god of the sea, and brother of Jupiter ; 
--Hrepresented with a trident in his right hand, and a dolphin in hie 
left ; one of his feet resting on part of a. ship : his aspect majestic 
tnd serene : Sometimes in a chariot drawn by sea-horses, with a 
triiMoB Meh side ; called ^osus, Virg. JSEn. m. 74. beomse wor* 



REUGION OF THE ROMANS. 39T 

■ 

ikipped «t MgBB, a town id the isltnd of Eobcsa, Homer. A. ▼• 90L 
tterque Neptunus^ the mart avptrum and infervm^ on both sides of 
Italy : or jitplune who presides over both salt and fresh water, (fi- 
fHtntibus stagnis marioutz saho^) CatalL xxix. 3. J^Teptvnia area vet 
rtgna^ the sea, ^irg. ^n. viii. 695. Neptunins dux. Sex. Pompei- 
OS, f/ora/. Epod. ix. 7. who, from his power at sea, called himself 
tlie son of Neptune, Dio, xlviii. 19. J^eptunut Pergama vel Troja, 
because its walls are said to have been built by Neptune and Apol- 
lot Ovid. Fast. i. 5< 5. Firg. JEn. ii. 625. at the request of Laom^ 
don, the father of Priam, who defrauded themof their promised hire, 
{oacta mercede destiluit,) Horat Od. iii. 3. 23. that is, he applied to 
that purpose the money which he had vowed to their service, Serv. 
in Virg. On which account Neptune was ever after hostile to the 
Trojans ; Virg. Mn. ii. 610. and also to the Romans, Id. G. i. 503. 
Apollo was afterwards reconciled by proper atonement ; being also 
offended at the Greeks for their treatment of Chryseis, the daughter 
of his priest Chryses, Strv. ib. whom Agamemnon made a captive, 
Ovid. Remed. Am. 469. Homer. 11, i.— The' wife of Neptune was 
JlnmkiMte^ sometimes put for the sea, Ovid. Met. i. 14. 

Besides Neptune, #here were other sea-gods and goddesses $ Oco^ 
4mi*, and his wife Ttikys ; Jiereus^ and his wife Doris, the Aer*. 
ides, Thetis, Doto, Galalia, &c. Triton, Proteus, Portumnus, the 
aon i3fMattita or Aurora and Giaucus, Ino, Palemon, &c. 

7. VENUS, the ffoddess of love and beauty, said to have been 
produced from the foam of the sea, near the island Cythlra ; hence 
called Cylhlrea, Horat. Od. i. 4. 5. Firg. JEn. ib. V2^. Marina. Id. 
ill. 36. 5. and by the Greeks, *A(pj^Jin}, ah o^^, spmna : according 
to others, the daughter of Jupiter and the nymph Dt0ne ; hence 
called Dioncea mater, by her son iEneas, Virg. Mn. iii. 19. and 
hence Julius CsBsar was called Dionaus ; as being descended from 
lulus, the son of iEneas, Id. Ed. ix. 47. Diontzo sub antro, under 
the cave of Venus, Horat. Od. ii. 1. 39. — ^the wife of Vulcan, but 
unfaithful to him, Ovid. Mtt. iv. 171. &c. worshipped chiefly at Pa- 
phos, Amdthus, -untis, and Idalia, v. •ttim,- in Cyprus ; at Eryx in 
Sicily, and 'at Cnidus in Caria ; hence called Cypris, Adis, Dea Pa^ 
phia ; Amathusia Venus, Tacit. Annal. iii. 63. Venus Idalia, Viiv. 
^n. V. 760. and Ervci.va, Horat. Od. I 2. 33. Cic. Verr. ii. »• 
Regina Cnidia, Horat. Od. i. 30. 1. Ventts Cnidta^Cic. Divin. i. 13« 
Verr. iv. 60. Alma decens, aurea, formosa, &c. also Cloacina or 
Ciuacina, from duere^ anciently the same with lutre or purgare^ be- 
cause her temple was built in the place where the Romans and 8a- 
bines, after laying aside their arms, and concluding an agreement, 

purified themselves, Plin. xv. 39. s. 36. ^Also supposed to be the 

tame with Libitina, the goddess of funerals, Dionys, *iv. 15. whom 
flome make the same with Proserpine, Plutarch, in Nnma^ 67. 
—-often put for love, or the indulgence of it : Damnosa Vemts, He- 
ftat. Ep. i. 18. 21. Serajuvenum Venus, eoque inexhausta puberias^ 
Vaeit. de mor. Germ. 30. — ^for a mistress, Horat. Sat. i. 2» 1 iO.*-— 
4 iia. Virg. Ec iii. «».-^r bMity, ooBaieliiie»> or grace, P/mH^ 



338 ROMAN ANTIQUITIES. 

Stick, ii. 1. 5. Thbvlie pictiB VenuSf vel Venu$ia»^ quam Ormti ynp^ 
vocani. Plin. xxxv. 10. s. 36. Dicendi vttrurest the graces, Quinciil* 
iai, X. L Ventrem habere. Senec. Benef. ii. W. Cicem says 
there were more than one Venus, Nai. D. iii. 23. (Vkm:s dirta 
qnddadomnes res veniret; atque ex ea veuustas^ Id. ii. 27. ct Ve- 
AEuii- i. e. servi Venervt^ Id. Csecil. 17.) 

The tree most acceptable to Venus, was the myrtle, Virg. EcL 
vii. 62. ^ Serv. in he. Ma, v. 72. hence she was called Mevtka, 
and by corruption Murc ia, Plin. xv. 29. s. 36. Plutarch, quast. 
Bom. 20. yarr. L. L. W. 32. Strv. in ^irg. Mn. riii. 635. and the 
month most agreeable to her was April, because it produced flow- 
ers; hence called mc/im Veneris, Horat.Od.W. 11. 15. on the 
first day of which, the matrons, crowned with myrtle, used to bsithe 
themselves in the Tiber, near the temple of Fortuna virilir, to 
whom they offered frankincense, tliat she would conceal their de- 
fects from their husbands, Ovid. Fast. iv. 139, &c. 

The attendants of Venus were her son CUPID; or rather the 
Cupids, for there were many of them ; but the two nH)st remarka- 
ble, were one (Eros) who caused love, and the other {Af*ierof) who 
made it cease, or pro<luced mutual love ; pf inted with wings, a 
quiver, bow, and darts : the three GRACES, Gralia vel Charites^ 
Jlglaia or Pa>ithea, Thalia^ and Euphrosyne^ represented generally 
naked, with their hands joined together ; and NYMPHS dancing 
with the Graces, and Vtnm at their head, HoraU Od. i. 4. 5. — 30* 
6. ii. 8. 13. Senec. Benef. I. 3. 

8. VULCANUS vel jVM/ci6er,thegcxl of fire, (Iokipoteks, Vii^ 
z. 243.) and of smiths ; the son of Jupiter and Juno, &nd husband 
pf Venus ; represented as a lame blacksmith, hardened from the 
fotige, with a fiery red face whilst at work, and tired and heated 
after it. He is generally the subject of pity or ridicule to the other 
gods, as a cuckold and lame. 

Vulcan is said to have had his workshop (officina) chiefly in Lem- 
nos, and in the iEolian or Lipari islands near Sicily, or in a cave 
of Mount ^tna. His workmen were the Cyclopes^ giants with one 
eye in their forehead, who were usually employed in making thun- 
derbolts for Jupiter, Virg. .3En. viii. 416. &c. Hence Vulcan is 
represented in spring as eagerly lighting up the fires in their toil- 
some or strong-smelling workshops, {graves ardens vril o/RcTuax,) to 
provide plenty of thunderbolts for Jupiter to throw in summer. Ho* 
•rat. Od. i. 4. 7. called avidus^ greedy. Id. iii. 58. as Virgil calls tg- 
ni>, fire, tdax^ from its devouring all things, Xn. ii. 758. some- 
limes put for fire, ib. 311. v. 662. vii. 77. Horut. Sat. 15. 74. Piaui. 
Amph. i. 1. 185. called lUieus, fi*om its colour, Juvenal, x. 133. (mm 
Imtum V. latent^ woad, the same with glasium^ Csbs. B. G. v. 14. 
which dies yellow; htrba qua carnlium infriunlf Vitruv. vii. 14. 
.Plin. xxxiii. 5. s. 26. Croceo mutabii xellera luio^ Virg. Eel. 44. /u- 
ttwn ori, the yolk of an e^, Plin. x. 53. or rather from lutum, clay» 
lutcusy dirty. Cicem also mentions more than one Vulcan, Nat^ 
JD. iiL 22l as indeed be does joqieakiDg of most of the gods. 



REUGION OF THE R01IAN& SSO 

9. MARS or Movers^ the god of vmr^ and son of Juno : wonhip- 
ped by the Thracians, Get®, and Scythians, and especially by the 
Romans* as the father of Romulus, tneir founder, called Uradivus^ 
{a s^radiendo ;) Ovid. Fast. IL 861. painted with a fierce aspect, 
riding in a chariot, or on horseback, with an helmet and a spear. 
Mar^ when peaceable, was called Qu rinus, Stt. in Virg. i. 296. 
* BELLONA, the gcHdess erf* war, was the wife or sister of Mars. 

A n>und shield (ANCILK, quid ab omni parte reciswn tsi^ Ovid. 
Fast. iii. 377.) is said to have fallen from heaven, in the reign of 
Numa, supposed to be the shield of Mars ; which was kept with 
great care in his sanctuary, as a symbol of the perpetuity of the 
empire, by the priests of Mars, who were called 8ALII ; and that it 
might not be stolen, eleven others were made quite like it, (anct/ia, 
-iiwi, vel -iorum.) 

The animals sacred to Mars were the horse, the wolf, and the 
woodpecker, (pkus.) Mars is often, by a metonymy, put for war or 
the fortune of war ; thus, ^juo^ vario^ ancipUt^ inctrto Marit pug^ 
naitim esi^ with equal, varioan, doubtful success ; Mirs communis^ 
the uncertain events of war, C/'r. Accendtrt Martem cantu^ i. e. pug* 
nam vel milittt ad pugnam tubl tirre : colluio Marie et eminus pug* 
nare ; invadfuii Mdrtem cltfpeis^ i. e. pugnam ineunt^ Vtrg. j/osiro 
Marie alijuid pera^tre^ by our own strength, without assistance, C/r. 
Vererundim erai^ eauiiem suo alienoque Marie pugnare^ on horseback 
end on foot. Liv. iii. 62^ Falere Mart f. forensic to be a good pleader, 
Ovid. Pont. iv. 6. 39. Dicere difficile est, quid Mars iuus egerii illic^ 
L e. heUica viriiis, valour or courage, ib. 7. 45. Nostra Marte^ by 
our army or soldiers^/Zora/. Od. iii. 5. 24. Altera Martr^ in a se« 
cond battle, i^. 34 Mirs imts^ your manner of fighting, Ovid. Art. 
Am. i. 212. Ittcursu gemini Mortify by land and sea, Liican. vi. 269^ 

10. MKRCURIUS, the son of Jupiter and Maia, the daughter of 
Atlas ; the messenger of Jupiter and of the gods ; the god of elo- 
quence ; the patron of merchants and of gain ; whence his name, (ac* 
cording to others, quasi Medicurrius, quod medius inter deos ei ko* 
mines currebat ;) the inventor of the lyre and of the harp ; the pro« 
tector of poets and men of genius, {Mercurialitm virorum^) of musi- 
cians, wrestlers, &c. the conductor of souls or departed ghosts to 
their proper mansions ; also the god of ingenuity and of thieves, 
called Ctfllenius v. Cyllmia proles; from Cytlene^ a mountain in Ar- 
cadia, on which he was born ; and Tegeaus^from Tegia^ a city near it 

The distinguishing attributes of Mercury are his Pet&sus^ or wing- 
ed cap ; the Falaria^ or winged sandals for his feet*; and a Caduceus^ 
or wand {virga) with two serpents about it. in his hand ; sometimes 
as the god of merchants, he bears a purse, {marsupiufn,) Horat i* 10. 
Virg. ^n. iv. 239. viii. 138. 

Images of Mercury (H£RM£ trunei^ shapeless posts, with a mar* 
ble heul of Mercury on them, Juvenal, viii. 53.) used to be erected 
where several roads met, {in campUis^) to point out the way ; en 
sepulchres, in (he porches of temples and houses, &c. £s quavi$ 
%iio iioi»/< JlfercifTNtf, eveiy one caofiot become a scholar* . 



filO BOMAN ANnQUniBS. 

11. APOLLOt the son of Jupiter and Lidoiw, born io tbd h 
Deles ; the god of poetiy, music, medicine^ augury, and arcberv ( 
called also Phabus and SoL He had oracles in many plocea ; the 
chief was at Ihlphi in Phocis ; called by various names from tho 
places where he was worshipped, Cynlhius^ from Cynthus, a moun^ 
tain in Delos ; Patarmn^ or 'leus^ from Patara, a ciiy in Lycia ; Ao* 
Idttfy son of Latona, Thymhraus^ Grynctua^ &c. also PyihivSf from 
having slain the aerpent, Python^ {vei a «'uilf<rdai, quod cottaulfreUir.) 

Apollo is usually represented as a beautiful beardless.young mant 
with long hair, (hence called intonsvs et crinitus^ Ovid. Tiist iti. L 
60.) holding a bow and arrows in his riffht hand, and in his left hand 
a lyre or harp. He is crowned with laurel, which was sacred to 
him, as were the hawk and raven among the birds. 

The son of APOLLO was iESCULAPIUS, the god of physici 
worshipped formerly at Epidaurus in ArgoUz^ under the form of a 
■erpent, or leaning on a staff, round which a serpent .was entwined : 
—represented as an old man, with a long beard, dressed in a iooaa 
robe, with a staff in his hand. 

Connected with Apollo and Minerva were the nine MUSES ; said 
to be the daughters of Jupiter and Mnemosyne or memory ; Iaoj^^ 
the muse of heroic poetry ; C/to, of history ; Melpomtne^ of trage* 
dy : Thalia^ of comedy and pastorals ; £rdto, of love-songs and 
hymns ; Euterpe^ of playing- on the flute ; Terpsichore^ of the haip; 
Polyhymnia^ of gesture and delivery, also of the three-stringed io* 
Btrument called Barbitos^ vel 'On ; and Urania^ of astronomy ; Jlusotu 
£t^//. 20. Diodor. iv. 7. Phornutvs de Naiura Deonun. 

The Muses frequented the mountains Parnassus^ Helicon^ Pieryg^ 
dEC. the fountains Casialius^ Aganippe^ or Hypocrine^ &c. ; whence 
•they had various names, HeliconldeSf ParnassideSf Pierides^ CasUd^ 
deSf T%e8pidde.% Pempli&dep, 

12. DIANA, the sister of Apollo, goddess of the woods and of 
bunting ; called Diana'on earth, Luna in heaven, and Hec&ie in bell ; 
hence leri^emina^ diva triformis^ Tfia Virginia ora Dianst^ Vii^r. ^n. 
iv. 52. Also Luclna^ lUithjfa^ et * Genitalis seu Geneh/llia ; because 
she assisted women in child-birth ; Jioctiluca^ and siderum reginm^ 
Herat. Trivia^ from her statues standing where three ways met* 

Diana is represented as a tall beautiful vii*gin, with a quiver qtt 
her shoulder, and a javelin or bow in her right hand, chasing deer or 
other animals. 

These twelve deities were called Coksbwtss» -wn; {Varr. L. £. 
vii. 38. ama m consilium Jovis adkibebantur^ Augustin. de Civit. 
Del iv. 23. Dmdecim enim deos advocate Senec. Q. Nat ii. 4L m 
conaensu, guasi conaentientes : vel a censendo, i e. conbulo :) and 
are comprehended in these two verses of Ennius : as quoted bjr 
ApuleiuSy de Deo Socratis : 

Juno^ Vesta^ Mnerva^ Ceres, Diana^ Venus^ Mars^ 
MtrcuriuSf Jovi, Jfeptunvs, Vulcanus^ JlpoUo. 

On ancient inacnptione they aro thus marked ; j. o. ■• i «• JM 



RELIGION OF THE ROMANS. 341 

trpHmo maxima^ Ceterisq. dis Conssntibus. They were also call- 
m Dii MAONi, Virg. Mn. iii. 12. Ovid. Amor. iii. 6. and cjelestbs, 
Vitruv. i. 8. Virg. JEn. i. 391. Cic, Legg. ii. 8. or nobiles, OvvL 
Met. i. 173. and are represented as occupying a different part of 
heaven from the inferior gods, who are called plebs, ibid. 

The DII SELECTIwere Eight in Mmbcr. 

1. SATURNUS, the god of time; the son of Calus or Uranut, 
and Terra or Vesta. 

Titan, his brother, resigned the kingdom to him on this condition, 
that he should rear no male offspring. On which account he is feign- 
ed by the poets to have devoured his sons as soon as they were 
bom, but Rhea found means to deceive him, and bring up by stealth 
Jupiter and his two brothers. 

Saturn being dethroned by Iiis son Jupiter, fled into Italy, and 

fave name to Latitwiy from his lurking there*, {a latmdo.) He was 
indly received by Janus kine of that country. Under Saturn is 
supposed to have been the golden a^e, when the earth produced 
feod in abundance spontaneously ; when all things were in common, 
Virg. G. i. 125. and when there was an intercourse between the 
gods and men upon earth ; which ceased in the brazen and iron 
ages, when even the virgin Astrta^or goddess of justice, herself, who 
remained on earth longer than the other gods, at last, provoked bv 
thd wickedness of men, left it. Ovid. Met. i. 150. The only god- 
dess then left was Hope, Id. Pont. i. 6. 39* 

Saturn is painted as a decrepid old man, with a scythe in his hand» 
or a serpent biting off its own tail 

3. JANUS, the god of the year, who presided over the ^tes of 
heaven, and also over peace and war. He is painted with two 
faces, {bifrons vel biceps.) His temple was open in time of war, 
and shut in time of peace, Liv. I. 19. A street in Rome, contigu- 
ous to the Forum, where bankers lived, was called by his name ; 
thus Janiu summus ab imo^ the street Janus from top to bottom, Ho^ 
rat. Ep. i. 1. 54 medius^ the middle part of it ; id. Sat. ii. 3. 18. Cic* 
Phil. vi. 5. Thoroughfares {transiiiones pervia) from him were called 
Jam, and the gates at the entrance of private houses, Januce, Die. 
N« D. ii. 37. thus dextro J ako porta Garment aus, Liv. ii. 49. 

3. RHEA, the wife of Saturn : called also Ops, CybeU, Magna 
Mater^ Mater Deorwn^ Berea/ntkia, Idtza, and Dyndym^ne^ from 
three mountains m Phrygia : She was painted as a matron, crowned 
with towers, (turrita,) sitting in a chariot drawn bv lions, Ovid. Fast. 
iv. 349. &c. \ 

CybeUf or a sacred' stone, called by the inhabitants the mother of 
the gods, was brought from Pesainus in Phrygia to Rome, in the time 
of the second Punic war, Liv. xxix. 11. d& 14. 

4. PLUTO, the brother of Jupiter and king of the infernal re- 

K' ns ; called also Orct^i, Jupiter infemus et Stygius. The Wife of 
rto was PROSERPINA, the daughter of Ceres whom he carried 

31 



i 



943 ROMAN ANTIQUITIE&L 

off, as she was gathering flowers in the plains of Enna in Sicily ; 
called Juno infema or Stygia^ often confounded with Hecate and 
Luna or Diana ; supposed to preside over sorceries or incantations, . 
{vtnefidu praesse,) 

There were many other infernal deities, of whom the chief 
were the FATES or Destinies, (PARCiE, a parcendo vel per An- 
TiPHRASiN, quod neminiparcantf) the daughters of Jupiter and Thenns, 
or of Erebus and Abx, three in number ; Clotho^ Lachesis^ and Atro* 
pos, supposed to determine the life of men by spinning ; Ovid, Pant. 
i. 8. 64. Ep. xii. 3. Clothe held the distaff, iMchesis span, and Airo^ 
po8 cut the thread : When there was nothing on the distaff to spin. 
It was attended with the same effect, Ovid, Jmor. ii. 6. 46. Some- ^ 

times Utiey are all represented as employed in breaking the threads, 
Lucan, iu. 18. The FURIES, (Furia vel Dirot^ Eumenides vel 
Erinnt/es,) also three in number, Mecto, lysiphdne^ and Megcera ; re- 
presented with wings, and snakes twisted in their hair ; holding in 
their hands a torch and a whip to torment the wicked ; MORS vel 
Ltthum^ death ; SOMNUS, sleep, &c. The punishments of the in* 
fernal regions were sometimes represented in picitures, to deter men 
from crimes, Plant. Gaptiv, v. 4. 1. 

5. BACCHUS, the god of wine, the son of Jupiter and Semele ; 
called also Liber or Lyaus^ because wine frees the minds of men 
from care : described as the conqueror of India ; represented always 
voung, crowned with vine or ivy-leaves, sometimes with horos, 
hence called cormger, Ovid, Ep. xiii. 33. holding in his hand a 
thyrsus or spear bound with ivy ; his chariot was drawn by ti^rs, 
lions, or lynxes, attended by Silenus^ his nurse and preceptor, fiac- 
chanals (frantic women, Bacchce, Tryades vel Menades)^ and satyrs, 
Ovid. Fast. iii. 715.— 770. Ep. iv. 47. 

The sacred rites of Bacchus, {Bacchanaliaj OKGlAvel Dionysia) 
were celebrated every third year, (hence called trieterica^) in the 
night-time, chiefly on Citharon and Ismenus in Bceotia, on Istn&ruSf 
Rhodope^ and Edon in Thrace. 

PRIAPUS, the god of ^rdens, was the son of Bacchus and Ve- 
nus, Serv, in f^irg. G. iv. iii, 

6. SOL, the sun, the same with Apollo ; but- sometimes also dis- 
tinguished, and then supposed to be tlie son of Hyperion, one of the 
T\tan» or giants produced by the earth ; who is also put for the sun. 

Sol was painted in a juvenile form, having his head surrounded 
with rays, and riding in a chariot drawn by four horses, attended by 
the HorfB or four seasons, Ver^ the spring ; Mstas^ the summer ; 
Autumnus, the autumn ; and Hiems, the winter, Ovid. Met, iL 35. 

The sun was worshipped chiefly by the Persians, under the name 
of Mithras. 

7. LUNA, the moon, as one of the Dii Selecti, was the daughter 
of Hyperion, and sister of SoL Her chariot was drawn only by two 
horses. 

8. GE^US) the dasmon or tutelary god, whp was supposed, to 



J 



RELIGION OP THE ROMANS. 24l 

take care of every one from his birth during the whole of lifel Flacefl 
and cities, as well as men, had their particular Genii. 

It was generally believed that every person had two Genii^ the 
good, and the other bad. Defraudare genium suunij to pinch one'a 
appetite, Ter. Phorm.ul. 10. /ndii/gcre gentb, to indulge it, Pert. 
V. 151. 

Nearly allied to the Cfenii were the LARES and PENATES, 
household gods, who presided over families. 

The Lare^ of the Romans appear to have been the manes of their 
ancestors, Virg. Mn. ix. 255. Small waxen images of them, clothed 
with the skin of a dog, were placed round the hearth in the hall, 
{inatrio,) On festivals they were crowned with garlands, Pteii/. 
Trin. i. 1. and sacrifices were offered to them, Juvenal, xii. 89. 
Stic*. Avg. 31. There were not only Lares domestici et familiar es^ 
but also Compitales et viales^ miliiares et marini, &c. 

The Penates {sive a penu ; est enim omne mto vescuntur k4)mines^ 
PKNUs ; sive quod penitus insident^ Cic. Nat. Deor. ii. 27. Dii per 
qrtos penitus spiramas^ Macrob. Sat. iii. v. Idem ac Magni Dii, Ju* 
piter. Juno, Mnerva, Serv, ad Virg. JEiu il 296.) were worshipped 
m the innermost part of the house, which was called Penetralia ; 
also Impluvium or Compluvium, Cic. et Suet. Aug. 92. There were 
likewise PtAlici Penates, worshipped in the Capitol, Liv. iii. 17. 
under whose protection the city and temples were. These ^neos 
brought with him from Troy, Virg. JEn. ii. 293. 717. iii. 148. iv. 
598. Hence Patrii Penates, familiaresque, Cic. pro Dom. 57. 

Some have thought the Lares and Penates the same ; and they 
seem sometimes to be confounded, Cic. P. Quinct. 26. & 27. Vkrr, 
iv. 22. They were, however, different, Liv. i. 29. The Penates 
were of divine origin ; the Lares of human. ' Certain persons were 
admitted to the worship^ of the Lares, who were not to that of the 
Penates. The Penates were worshipped only in the innermost part 
of the house, the Lares also in the public roods, in the camp, and 
on sea. 

Lar is often put* for a house or dwelling : Apto cum lare fundus^ 
Horat Od. i. 12. 44. Ovid. Fast. vi. 95. & 362. So Penates ; thus, 
Jfostris succede Penalibus hospes, Virg. JEn. viir. 123. Plin. Pan. 47. 
Ovid. Fast. vi. 529. 

DII MDfORUM GENTIUM, or INFERIOR DEITIES. 

These were of various kinds : 

1. Dii INDIGETES, or heroes ranked among the gods on Ac- 
count of their virtues and merits : of whom the chief were, — 

HERCULES, the son of .fupiter, and Alcmena, wife of Amphi- 
tryon, king of Thebes ; famous for his twelve labours, and other 
exploits ; squeezing two serpents to death in his cradle, killing the 
lion in the Nemcean wood, the Hydra of the lake Lema, the boar of 
Erymanthus, the brazen-footed stag on mount Menalus, the haipies 
ift the lake Stymphalus, Diomedes, and his horses, who were fed on 
human flesh, the wild bull in the island Crete, cleansing the stablei 



144 ROMAN ANTIQUITIES- 

of AugeaB, subduing the Amazons and Centaurs, dramiD^ the dqg 
Cerberus from hell, carnring off the oxen of the three^bodied Gery* 
on, from Spain, fixing pillars in the freiunt Gaditanum^ or Streights 
of Gibraltar, bringing away the golden apples of the Hesperides^ and 
killing the dragon which guarded them, slaying the giant Antseus, 
and the monstrous thief Cacus, &c. 

Hercules was called Alcldts, from Alcavs the father of Amphitryon ; 
and Tirynthius from Tiri^ns^ the town Where he was bom ; Oelaust 
from mount Oeie, where he died. Being consumed by a poisoned 
robe, sent him by his wife Dejanira in a fit of jealousy, which he 
could not pull o^j he laid himself on a funeral pile, and ordered it to 
be set on fire. 

Hercules is represented as possessed of prodigious strength, hold- 
ing a club in his right hand, and clothed in the skin of the Nemaean 
Hon. 

Men used to swear by Hercules in their asseverations ; HercU, 
Mehercie^ vei -e», so under the title of DIUS FIDIUS, i. e. Deus 
Jideif the god of faith or honour ; thus, per Dium Fidium^ Plaut. mt 
Divsfidms^ scjuvetf Sallust. Cat. 35. 

Hercules was supposed to preside over treasures ; hence T)ivet 
amico Hercule^ Horat. Sat. ii. 6. 12. dextro HercuU^ by the favour of 
HerculeS) Ptrs. ii. 11. Hence those who obtained great riches con- 
secrated {ppltucebant) the tenth part to Hercules, Cic. Kat. D. iii. 
36. Plant, Stick, i. 3. 80. Bacch, iv. 4. 15. Plutarch, in Crasso. imL 

CASTOR and POLLUX, sons of Jupiter and Leda, the wife of 
Tyndaruf king of Sparta, brothers of Helena and Clytemnestra, said 
to have been produced from two eggs ; from one of which came 
Pollux and Helena, and from the other. Castor and Clytemnestra. 
But Horace makes Castor and Pollux to spring from the same e^* 
Sat. ii. 1. 26. He however also calls theni Fratres Hklena, Oa. 

i. 3. 2. the gods of mariners, because their constellation was 

much observed at sea:— called Tyndaridcsy Gemtm, 4rc. Castor 
was remarkable for riding, and Pollux for boxing; Horat. Od. 
i. 12. 26. represented as riding on white horses, with a star over 
the head of each, and covered with a cap ; hence called Frataxs 
PiLEATi, Festus. CatulL 3.5. There was a temple at Rome, dedica- 
ted to both jointly, but called only the temple of Castor, Dio. xxxviL 
8. Suei. CcBs. 10. 

iEneas, called Jupiter indiges ; and Romulus, QUIRINUS, after 

being ranked among the gods, either from Quires a spear, or Ctiret, 

a citv of the Sabines, Ovid. Fast. ii. 475. — 480. 

The Roman emperors also after their death were ranked aroonff 
the gods. 

2. There were certain gods, called SEM ONES, (quasi semiho- 
mines, mmores dits et majores hominibus,) Liv. viii. 20. as, 

PAN, the god of shepherds, the inventor of the flute, said to be 
Uie son of Mercury and Penelope, Cic worshipped chiefly in Arca^ 
dui ; hence called Arcadius and Mmnaliua, vel -ide*, et X^cSitf, from 



REUGION OP THE ROMANS. 945 

two mountains there ; Tegeam^ from a city, &c. called by the Ro- 
mans Inuus ; — ^represented with horns and goats' feet 

Pan was supposed to be the author of sudden frights or causeless 
alarms ; from him called Panici ierrores^ Dionys. v. 16. 

FAUNUS and SYLVANUS, supposed to be the same with Pan. 
The wife or daughter of Faunus was Fauna or Fatua^ called also 
Marlca and Bona Dca, Macrob. Sat. i, 12. 

There were several rural deities called FAUNI, who were be- 
lieved to occasion the night-mare, (ludibria noctis vel eptallen tm- 
mitterCf) Plin. xxv. 3. 

VERTUMNUS, who presided over the change of seasons and 
merchandize; — supposed to transform himself into different shapes, 
Propert. iv. 2. Hence Vtrlumms natusAniquiSf an inconstant man, 
HoraL SaL ii. 7. 14. 

POMONA, the goddess of gardens and fruits ; the wife of Ver« 
tumnus, Ovid. Met, xiv. 623. &c. 

FLORA, the goddess of flowers ; called Claris by the Greeks, 
Lacianty i. 20. 6. (hid. Fast. v. 195. 

TERMINUS, the god of boundaries ; whose temple was always 
open at the top, Ftslus. (St supra ne quid nisi sidera cernat, Ovid. 
Fast. ii. 671.) And when, before the building of the capitol, all 
the temples of the other gods were unhallowed, (exaitgurarentur^) 
it alone could not, Liv. i. 55. v. 54. Jovi ipsi regi noluit cont 
csDBRE, GtlL xii. 6. which was reckoned an omen of the perpetuity 
of the empire, Liv. ibid. 

PALES, a god or goddess who presided over flocks and herds $ 
ttsually feminine. Pasloria Pales, Flor. i. 20. 

HYMEN vel HYMENiEUS, the god of marriage. 

LAVERNA, the goddess of thieves, .ffqraf. Ep. i. 16. 60. 

VACUNA, who presided over rdca/zon, or respite from businesa^ 
Ovid. Fast. vi. 307. 

AVERRUNCUS, the god who averted mischiefs, {mala aoertm^ 
cabaty) Varr. vi. 5. ^There were several of these. 

FASCINUS, who prevented fascination or enchantment 

ROBIGtJS, the god, and Ru a i go, the goddess who preserved 
com from blight, (a ntbigine^) Gell. v. 13. 

MEPHITIS, the goddess of bad smells, Serv. in Virg. JEn. vii. 
84. CLOACINA, of the cloacce^ or common sewers. 

Under the SemUnes were comprehehded the NYMPHS, {nympha^ 
female deities, who presided over all parts of the earth ; over moun* 
tains, Oreddes ; woods, Dryades^ Hamadryades^ Kaptz ; rivers and 
fountains, Naidts vel J^Taiaidts ; the sea, MereldeSf Oceanitides^ &c. 
Each river was supposed to have a particular deity, who pre- 
sided over it ; as Ttberiwis over the Tiber, Virg. JEn. viii. 31. and 
77. Eridanus over the Po ; iaurino vultu, with the countenance of 
a bull, and horns ; as all rivers were represented, {quod fiumina sunt 
mlrociaf tU tauri ;* Festus ; vel propter impetus et mugitus aqudrum^ 

* Qm smiilMm tamri sdebmt^ they roand like boUoeki. 



846 ROMAN ANTIQUITIES. 

Vet Schol. in Horat Od. iv. 14. 25. Sic tauriformis volvihtr Aufi* 
dus.) Virg. G. iv. 371. Ovid. Met. iv.pr. Milan, ii. 33. Claiidian. 
Cons. Prob. 214. &c. The sources of rivers were particularly sa- 
cred to some divinity, and cultivated with religious ceremonies, 
Senec. Ep. 41. Temples were erected ; as to Clitumnis, Plin. Ep. 
viii. 8. to Ilissiis, Pausan. i. 19. small pieces of money were thrown 
into them, to render the presiding deities propitious ;* and no per- 
son was allowed to swim near the head of the spring, because the 
touch of a naked body was supposed to pollute the consecrated wa- 
ters, ibid. <{r Tacit. Annal. xiv. 22. Thus no boat was allowed to 
be on the Ulcus Vadimonis, Plin. Ep. viii. 20. in which wei^ several 
floating islands, ibid. (J^ Plin. ii. 95. s. 96. Sacrifices were also o(^ 
fered to fountains ; as by Horace to that of Blandusia, Od. iii. 13. 
whence the rivulet Digentia probably flowed, Ep. i. 18. 104. 

Under the Semones weire also included the judges in the infernal 
regions, MINOS, Mdcus^ and Rhadamanthus ; CHARON, the fer- 
ryman of hell, (PoRTiTOR, Virg. .3En. vi. 298. Porthemeus, -tos^ 
Juvenal, iii. 266.) who conducted the souls of the dead in a boat 
over the rivers Sti^^c and Acheron, and extracted from each his por- 
torium or freight, {naulum^ which he gave an account of to Plato; 
hence called Portitoh: the dog CERBERUS, a three-headed 
monster, who .guarded the entrance of hell. 

The Romans also worshipped the virtues and affections of the 
mind, and the like ; as, Piety, Faith, Hopt^ Concord^ Fortune^ Fame^ 
6lc. Cic. Nat. D. ii. 23. even vices and diseases, Id. legg. ii. 11. 
.ATa^ D. iii. 25* Juvenal. \. 115. and under the emperors likewise 
foreign deities, as, his, Osiris, Anvhis, of the Egyptians : Lucan. 

viii. 831. also the winds and the tempests ; Eurus, the east wind ; 

Auster or Kotusy the south wind ; Zephyrus, the west wind ; Boreas^ 
the north wind ; Africus, the south-west ; Corus, the north-west ; 
and ^OLUS, the god of winds, who was supposed to reside in the 
Lf/iart islands, hence called /n^u/a* jS^o/cb ; AURiE, the air-nymphs 
or sylphs, &c.t 

The Romans worshipped certain gods, that they might do them 
good, and others, that they might not hurt them ; as, Averruncus 
and Robigus. There was both a good Jupiter and a bad ; the for- 
mer was called Dijovis, {ajuvando,) or Diespiter, and the latter, 
Vejovis, or Vedius, Gell. v, 12. But Ovid makes Vejovis the 
same with Jupiter parvis, or non magnus, Fast. iii. 445. &c, 

II. MINISTRI SACRORUM, the MmiSTERS of SACRED 

THIXGS. 

The ministers of religion, among the Romans, did not form a 

• Hence probably proceeded the practice of espousing the Adriatic sea by the 
Ddge of Venice, by throwing into it a piece of money ; a ceremony iostitnted by the 
Fiope.- 

t So varioas indeed were the objects of Heathen wonhip, that io some countrieii, 
particularly in Egypt, they offered adoration to beasts, birds, herbs, and hideous 
tptiles, and did homage, in a word, to almost every thing but the tme God. So 
prone b the hmnan hMrt to degenerate Into the grosteft end most alMurd idolatry. 



t 

4 



MINISTERS OF REUGION. %a 

diitinct order from the other citizens. (See p. 96.) They were 
luually chosen from the most honourable men in the state. 

Some of them were common to all the gods, {omnium deorum ati* 
cerdotes / others appropriated to a particular deity, (unt aliqui rk-. 
mirU addicti.) Of the former kind were, — 

I. The PONTIFICES, (a |:K>sse facere, quia illis jus erai gacm 
faciendi ; vel potius a ponte faciendo, nam ab iis sublicius ut foetus 
primumy et resiitutus sape cum ideo sacra et uls et cis Tiberim fianU 
Varr. L. L. iv. 15. Dionys. ii. 73. iii. 45.) were first instituted hy 
Numa, Liv. iv. 4. Dionys. ii. 73. chosen from among the patricians ; 
four in number, till the year of the city 454, when four more were 
created from the plebeians, Liv. x. 6. Some think that originally 
there was only one PorUifex ; as no more are mentioned in Livy^ 
i. 20. ii. 2. Sylla increased their number to 15, Liv, Ep, 89. They 
were divided into Ma J ORES and Minores, CtV. Harusp. i2. 6. Liv. 
xzii. 57. Some suppose the 7 added by Sylla and their successors 
to have been called minores ; and the 8 old ones, and such as were 
chosen in theif room, Majores. Others think the majores were 
patricians, and the minorts plebeians. * Whatever be in this, the 
cause of the distinction certainly existed before the time of Sylla, 
Liv, ib. The whole number of the Pontifices w^ called COLI^ 
GIUM, Cic. /)om. 12. 

The Pontijices judged in all cases' relating to sacred ihing^ ; and, 
in cases where there was no written law, they prescribed what re- 
gulations they thought proper. Such as neglected their mandates, 
they could fine according to the magnitude of the offence. Diony* 
sius says, that they were not subject to the power of any one, nor 
bound to give account of their conduct even to the senate, or peo- 
ple, ii. 73. But this must be understood with some limitations ; for 
we learn from Cicero, that the tribunes of the commons might ob- 
liee them, even against their will, to perform certain parts of their 
onice, Dom, 45. and an appeal could be made from their decree, 
as from all others, to the people, Ascon, in Cic. Mil, 12. It is cer- 
tain, however, that their authority was very great, Cic. Dom. I. 51. 
Harusp. R. 10. It particularly belonged ' to them to see that the 
inferior priests did their duty, Dionys. ibid. From the different 
parts of their oflSce, the Greeks called them is^o^i^oufxaXoi, Ujovo/mi, 
wfwif\tKKMi^ tefo^avroi, Sacrdrum doctores, administratores^ cuslodes et 
interpretes, ibid. 

From the time of Numa, the vacant places in the number of Ppn- 
tijices were supplied by the college, Dionys. ii. 73. till the year 650 ; 
when Domitius a tribune, transferred that right to the people, Suet. 
Ker. 2. Cic. Hull. ii. 7. Veil. ii. 12. Sylla abrogated this law, 
Ascon. in Cic. Cacil. 3. but it was restored by liabienus^ a tribune, 
through the influence of Julius Csesar, Dio. xxxvii. 37. Antony 
ttain transferred the ri^t of election from the people to the priests, 
fHo. xliv. fin. thus Lepidus viras chosen Poniifex M. irregularly, 
ibid, furto creatus^ Yell iL 61. In confusiane rerum ac tumtdtUt 



248 ROMAN ANTIQinTIES. 

pontificatian maximmn intercepit^ Liv. Epit. 117. Fansa once mora 
restored the right of election to the people, Ctc. Ep. ad Brut. 5. 
After the battle of Actium, permission was granted to Augustus, to 
add to all the fraternities of priests, as many above the usual number 
as he thought proper; which power the succeeding emperors exer- 
cised, so that the number of priests was thenceforUi very uncertain, 
Dio. li. 20. liii. 17. 

The chief of the Pontifices was called PONTIPEX MAXIMUS, 
(qudd maximus rerum, qua ad sacra^ et religiones pertinent^ judex 
sitf Festus : Judex alqut arbiter rerum divinartim atqut kumanarum^ 
Id. in Ordo Sacerdotum ;) which name is first mentioned by Livy» 
ill. 54. He was created by the people, while the other pontifices 
were chosen by the college, Liv, xxv. 5. commonly from among 
those who had borne the first offices in the state, ibid. The first 
plebeian PorUifex M, was T. Coruncanius, Liv, Ep. xviii. 

This was an office of great dignity and power. The PontifexM, 
was supreme judge and arbiter m all religious matters, Liv. L 20* 
ix. 46. He took care that sacred rites were properly performed ; 
and, for that purpose, all the other priests were subject to him, Liv. 
ii. 2. He could hinder any of them from leaving the city, although 
invested with consular authority, Liv. Ep. xix. /. xxxvii. 5» Tacit, 
Annal. iii. 58. 51. and fine such as transgressed his orders, even al* 
though they were magistrates, Lflv. ibid. xl. 2. 42. Ctc. Phil. xi. 8. 

How much the ancient Romans respected religion and its minis* 
ters, we may judge from this ; that they imposed a fine on Tremel- 
lius, a tribune of the commons, for having, in a dispute, used injuria 
ous language to Lcpidus, the Pontifex M {Sacrorumque quam magis* 
tratuum Jus polentius fuit), Liv. Ep. xlvii. But the Pontifices ap- 
pear, at least in the time of Cicero, to have been, in some respects, 
subject to the tribunes, Cic. Dam. 45. 

It was particularly incumbent on the Pontifex M. to take care of 
the sacred rites of Vesta, Ovid. Fast. lii. 417. Gell. i. 13. Senec. 
Contr.'h 2. If any of the priestesses neglected their duty, he repri- 
manded, Liv. iv. 44. or punished them, xxviii. 11. sometimes, b^* a 
sentence of the college, capitally, Cic. Har. resp. 7. legg. u. 9. lav. 
viii. 15. xxii. 57. 

The presence of the Pontifex M. was requisite in public and so- 
lemn rei igious acts ; as when magistrates vowed games or the like, Liv. 
iv.'27. xxxi. 9. xxxvi. 2. made a prayer. Suet. CI. 22, or dedicated a 
temple, Liv. ix. 46. also when a general devoted himself for his ar- 
my, Liv. viii. 9. x. 7. 28. to repeat over before tliem, the form of 
words proper to be used, (i7* verba praire^ v. carmen prof ari,) ibid. 
d&v. 41. which Seneca calls Pontificale CARUEiV, Consol. ad Marc. 
13. it was of importance that he pronounced the words without 
hesitation, Valer. Max. viii. 13. 2. He attended at the Comitia ; 
especially when priests were created, that he might inaugurate them, 
Liv. xxvii. 8. xl. 42. likewise when adoptions or testaments were 
made, Tacit. Hist. i. 15. Gell. v. 19. xv. 27. Ctc Dom. 13. PUn. 
Pan. 37. At these the other pontifices also attended : benoa the 



^ MimSTBRS OF R£LtGION. 240 

CMntia were said to be held, or what was decreed in them to be 
done, apud pontificeSf velpro colltgio pontificum, in presence of, ibid. 
Sdmmia pro pontifice tusdptre, to perform the due sacred rites in 
the presence, or according to the direction of the Pontifex Maximus^ 
Lit. ii. 27. Any thing done in this manner was also said PorUificio 
jurtjitri^ Cic* Dom. 14. And when the Pontifex Jtf. pronounced 
any decree of the college in their presence, he was said pro coLi,B- 
eio RSSPONDERE, Ctc. pTO Donu 53. The decision of the college 
was sometimes contrary to his own opinion. He however was bound 
to obey it, Liv. xxxi. 9. What only three pontifices determined was 
held valid, Id. resp, Har. 6. But in certam cases,, as in dedicating 
a temple, the approbation of the senate, or of a majority of the tri« 
bunes of the commons, was requisite, Iav, ix. 46. The people, 
whose power was supreme in every thing, {cttjvs est snmma poiestas 
omnium rerumy Cic ibid.) might confer the dedication of a temple 
on whatever person they pleased, and force the Pontifex M. to of- 
ficiate, even against his will ; as they did in the case of Flavius, Liv.. 
ibid. In some cases the Flamines and Rex Sacrorum seem to have 
judged together with the Pontijices^ Cic. Dom. 40. and even to have 
Doen reckoned of the same college, ibid, 52. 

It was particularly the province of the pontifices to judge concern* 
ing marriages, Tadt. AnnaL i. 10. Dio. xlvii. 44. 

The PofUifex Maximus and his college had the care of regulating 
the year, and the public calendar, Suet. JuL 40. Aug. 31. JUacroh, 
Sat. i 14. called FASTI KALENDARES ; because the days of 
6ach month, from kalends to kalends, or from beginning to end, were 
marked in them through the whole year, what days were fasti^ and 
what nefastif ^c Festus ; the knowledge of which was confined to 
the porUifices and patricians, Liv. iv. 3. till C. Flavius divulged 
them, {fastos circa forum in (ilbo proposmt^) Liv. ix«.46. (See p. 162.) 
In the Fasti of each year were also marked the names of the magis- 
trates, particularly of the consuls, Liv. ix. 18. Valer. Max. vi. 2L 
Cic Sext. 14. Att. iv. 8. Pis. 13. Thus, enumeralio fastorum, qua- 
si annomm, Cic, Fam. v. 12. Tusc i. 28. Fasti memoresj perma- 
nent records, Horat. Od. iiL 17. 4. iv. 14. 4. picti^ variegated with 
diflerent colours, Ovid. Fast. L 11. signantes tempora, Id. 657. 
Hence a list of the consuls engraved on marble, in the time of Con- 
stantius, the son of Constantine, as it is thought, and found accident- 
* ally by some persons digging in the Forum, A. D. 1545, are called 
Fasti Consularbs, or the Capitolint marbles, because beautified, 
4md placed in the capitol, by Cardinal Alexander Famese. 

In latler times it became customary to add on pnrticulai' days, af- 
ter the name of the festival, some remarkable occurrence : Thus on 
the lAipercalia^ it was marked ifldscriptvm tst) that Antony had of- 
fered the crown to Ceesar, Cic. Phil. ii. 34. — ^To have one's name 
thus marked {ascriptiim) in the Fastiy was reckoned the highest ho- 
nour, Cic. Ep. ad Brut, 15. Ovid. Fast. i. 9. Tacit. Annal. i. 1-5. 
(whence, jmibably, the origin of canonization in the ehurch of 
£oDie;\ as it^was the greatest disgrace to have one's nanie erased 

32 



850 ROMAN ANTIQUITIES. 

from the Fastis Cic. Sext. 14. Pis. 13. Verr. ii. 53. iv. Jin. Tacit. 
Annal. liL 17. 

The books of Ovid, which describe the causes of the Roman fes- 
tivals for the whole year, are called FASTI, Ovid. Fast. i. 7. (Fas- 
TORUM libri appellantur, in quibus toiius annijit description Festus, 
quia de consutihus et regibus editi suntj Isid. vi. 8.) The six first of 
them only are extant 

In ancient times the Pontifex M. used to draw up a short account 
of the public transactions of every year, in a book, (in albwrn effe- 
rebate vel potius reftrebat,) and to expose this register in an open 
place at his house, where the people might come and read it ; (pro* 
ponebat tabulam domi^ polestas ut esset populo cognoscendi ;) wnich 
continued to be done to the time of Mucius Scaevola, who was slain 
in the massacre of Marius and Cinna. These records were called 
in the time of Cicero, ANNALES maximi^, Cic, Orat. ii. 12. Gell. 
iy. 5. as having been composed by the Pontifex Maximus. 

The annals composed by the Pontifices before Rome was taken 
by the Gauls, called also Cohmentarh, perished most of them with 
the city, Liv. vi. 1. After the time of Sylla, the Pontifices seem to 
have dropt the custom of compiling annals ; but several private per- 
sons composed historical accounts of the Roman affairs ; which, from 
their resemblance to the pontifical records in the simplicity of their 
narration, they likewise styled Annales ; as Cato, Pictor, and Piso, 
Cic. ibid. Liv. i. 44. 55. ii. 40. x. 9. 37. &c. Dionys. iv. 7. 15. Gell. 
i. 19. Hortensius, Veil. ii. 16. So also Tacitus. 

The memoirs (Off'ofi.viifi.oM'a,) which a person wrote concerning his 
own actions, were properly called COM MENTARII, Cic. Fam* v. 
12. Syll. 16. Verr. v. 21. Suet. Aug. 74. Tib. 61. as Julius Ccesar 
modestly called the books he wrote concerning his wars, Cic. Brut. 
75. Suet. Cces. 56. and (rellius calls Xenophon^s book concerning 
the words anJ actions of Socrates, (avofjiyiiiut.ovsufMxra, Memorabilia 
Socraiis,) xiv. 3. But this name was applied to any thing which a 
person wrote, or ordered to be written, as a memorandum for him- 
self or others, (qua commeminisse opus esset, notes to help the me- 
mory ; as the heads of a discourse which one was to deliver ; Cic. 
Brut. 44. Quinctilian. iv. 1. 69. x. 7. 30 ; notes taken from the dis- 
course or book of another; Id. ii. II. 7. iii. 8. 67. or any book 
whatever, in which short notes or memorandums were set down : 
Thus Commentarii regis Numx, Liv. i. 31. &32. Servii Tullii, ib.* 
60. Eumenisf xl. 11. 6. regum, Cic. Rabir. perd. 5. Casaris, Cic. 
Att. xiv. 14 Trajani^ Plin. Ep. x. 106. Hence, a commentarOs, a 
clerk or secretary, Gruter. p. 89. Caelius, in writing to Cicero, 
calls the acta puhlica^ or public registers of the city, Commenta- 
Rius RERUM URBANARUM, Cic. Fam. iii. 11. 

In certain cases the Pontifex M and his college had the power 
of life and death, Cic. Har. resp. 7. legg. ii. 9 ; but their sentence 
might be reserved by the people, Ascon. in Cic. pro Mil. 12. Liv. 
xxxvii. 51. xl. 43. " - 

The Pontifex M. although possessed of so great a power, is called 



MINISTERS OF RELIGION. 251 

by Cicero, privatus, Cat. i. 3. as not being a maffistrate. But 
some think that the title Pontiftx Maximus is here applied to IScipio 
by anticipation ; he not having then obtained that office, according 
to Paterculus, ii. 3. contrary to the account of Appian, B. Civ. i. p. 
359. and Cicero himself elsewhere calls him simply a private person, 
Off. I. 22. Livy expressly opposes Pontijices to privatus, v. 52. 

The Pontifices wore a robe bordered with purple, (toga praUxta^) 
Liv. xxxiii. 28. Lamprid. Alex. Sev. 40. and a woollen cap, {Gale- 
rusy Piltus vel TtUulus^ Festus & Varr. vi. 3.) in the form of a cone, 
with a small rod (virgiUa) wrapt round with wool, and a tuft or 
tassel on the top of it ; called apex, Serv. in Virg. Mn, ii. 683. viii. 
664. X. 270. often ^put for the whole cap, Liv. vi. 41. Cic. Itgg. i. 
1. thus, irato trimere regum apices^ to fear the tiara nodding on the 
head of an enraged Persian monarch, Horat. Od. iii. 21. 19. or for 
a woollen bandage tied round the head, which the priests used in- 
stead of a cap, for the sake of coolness, Serv. ibid. 3ulpicius Galba 
was deprived of his office on accoimt of his cap having fallen {apex 
prolapsus) •from his head in the time of a sacrifice, Valer. Max. h 1. 
4. Hence apex is put for the top of any thing ; as montis apex^ SiL 
xii. 709. or for the highest honour or ornament ; as, apex seneciulis 
est auctoritas, Cic. Sen. 17. 

. In ancient times the Poniifex M. was not permitted to leave Italy, 
Liv. xxviii. 38. 44. Dio. fragm. 62. The first Pontiftx M. freed 
from that restriction was P. Licinius Crassus, A. U. 618. Liv. Epit. 
59. so afterwards Csesar, Suet. 22. 

The office of Pontiftx M. was for life, Dio. Ixix. 15. on which 
account, Augustus never assumed that dignity while Lepidus was 
alive, Suet. Aug. 31. which Tiberius, Dio. Ivi, 30. and Seneca, de 
clem. i. 10. impute to his clemency ; but with what justice, we may 
learn from the manner in which Augustus behaved to Lepidus in 
other respects. For after depriving him of his share in the Trium- 
virate, A. (J. 718. Dio. xlix. 12. and confining him for a long time 
to Circeji under custody, Suet. 16. Dio. ibid, he forced him to come 
to Rome, against his will, A. U. 736. and treated him with great 
indignity, Dio. liv. 15. — After the death of Lepidus, A. U. 741. 
Augustus assumed the office of Pontiftx Maximus ^ ibid. 27. Ovid. 
Fast. iii. 420. which was ever after held by his successors, and the 
title eVen by Christian emperors to the time of Gratian, Zosim^ iv. 
36. or rather of Theodosius ; for on one of the coins of Gratian, this 
title is annexed. When there were two or more emperors, Dio 
informs us, that one. of them only was Pontifex M. liii. 17. but this 
rule was soon after violated, Capitolin. in Balbin. 8. The Hierar- 
chy of the church of Rome is thought to have been established part- 
ly on the model of the Poniifex M. and the college of Pontijices. 

The Pontifex M. always resided in a public house, {habitavit^ sc. 
in sacra via^ domo publica, Suet. Cses. 46.) called Reoia, Plin. Ep. 
iv, 11. 6. {qv^din ea sacra a rege sacrificulo erant solita usurpari^ 
Festus ; vel gudd in ea rex sacrificulits habitare consuisset^ Serv. . 
in Virg. iEn. viii. 363.) Thus when Augustus became Pontifex ^ 
Maximus, he made public a part of his bouse ; and g^^^ ^ Rbou, 



i53 ROMAN ANTIQUITIES, 

(which Dio calls the house of the Rex sacrorumf) to the Vestal Vir- 
gins ; to whose residence it was contiguous, Uio. liv. 27. whence 
sonae suppose it to be the satne with the Regia Nunrn^ the pakca 
pt Numa, Ovid. Triit. iii. 1« 30. to which Horace is supposed to aU 
lude under the name of monumenta regis, Od. i. 3. 13. and Augus- 
tu8» Suet, 76.~«said afterwards to sustain the atriian of Vesta, Ovid. 
Fast vi. 263. called atridu regium, Liv. xxvi* 27. Others suppose 
it diflfcrent. It appears to have been the same with that regia men* 
tjoned by Festus in Equus October ; in which was the sanctuary 
of Mars, GelL iv. 6. Plntarcfu Q, Rom, 96. for we learn firom Dio 
that the arms of Mars, i. e. the Ancilia^ were kept at the house of 
Caesar, as being Pontifex M, xliv. 17. Macrobius says that a ram 
ns^d to be sacrificed in it to Jupiter every 3>fenSxna or market-day, 
hy the wife of the Flamen dialis, (Flaminica,) Sat. L 16. 

A Poniifex M. was thought to be polluted by touching and even 
by seeing a dead body ; Senec, consol, ad Marc, 15. Dio. liv. 38. 35. 
Ivi. 31. as was an augur, Tacit. Annal. i. 63. So the high Priest 
aruQng the Jews, Levit, xxi. 1 1. Even the statue of Augustus was 
removed from its place that it might not be violated by the sight of 
slaughter, Dio, Ix. 13. But Dio seems to think that the Pontifex 
M, was violated only by touching a dead body, liv. 28. 

II. AUGURES, anciently called Auspices, Plutarch. Q. Ram* 
72. whose office it was to foretel future events, chiefly from the 
flight, chirping, or feeding of birds, {ex avium gestu vel garritu et 
gpectiojie, Festus,) and also from other appearances, Cic. Fam. vL 
o. Horat. Od. iii. 27. &c. a body of priests, {amplissimi sacerdotU 
COLLEGIUM, Cic. Fam. iii. 10.) of the greatest authority in the Ro» 
man state, Liv. i. 36. because nothing of importance was done re- 
specting the public, either at home or abroad, in peace or in war» 
without consulting them, (nisi auspicald, Liv. i. 36. vL 41. nnt 
aiispiciis, Cic. divm. i. 2. nisi augurio acto. Id. 17. ii. 36. Varr. v. 
6. vel. capto^ Suet. Aug. 95.) and anciently in affairs of great con« 
sequence, they were equally scrupulous in private, Cic, div. i. 16. 

Augur is often put for any one who foretold futurity, Cic. divin. 
ii.'3. 4. Fam. vi. 6. So Augur Apolloy i. e. qui augurio pretest, the 
good augury, Horat. Od. i. 2. 32. Virg. Mn, iv. 376. Av&f^h de- 
noted a person who observed and interpreted omens, {auspicia vel 
omina,) Horat. Od. iii. 27. 8. particularly the priest who officiated 
at marriages, Juvenal, x. 336. Cic* Cluent. 5. Plaul. Cos. proL 
86. Sfxet. CI. 26. Liv. xlii. 12. In later times, when the custom of ccm* 
siiitiiiff the auspices was in a great measure dropt, Cic. Mxt. D, i. 15. 
ii. 3. Legg. ii. 13. those employed to witness the signing of the 
marriage contract, and to see that every thing was rightly perform- 
ed, were called AusncKs Nuptiarum, Cic. Divin. i. 46. otherwise 

• Proicen^toSj conciliator es, ira^vuft^ioi pronuhi. Hence auspex is put 
for a favourer or director ; thus Auspex legis, Cic Att. ii. 7. Aus- 
fices tcBptorem epenmfy fiivourers, Virg. jEn. iii. 20. Diis Auspici* 

. ta», under the direction or conduct of. Id. iv. 45. So auspict mui-^ 
•a, Hortit Ep. i. 3. 13. Teucro. Od. i. 7. 27. 

AITGURIUM and AU8PICIUM are commonly used promis- 



AHNISTERS OF RELIGION. 353 

vmwHjj Ptrg. JEn, i. 392. Cte. div. I 47. but they are sometiaMt 
distingiuahed. ^^uspieium vas properly the foretelling of fittuie 
events, from the inspection of birds ; anguriumy from any omens or 
prodigies whatever, Jfon^ ▼. 30. So Ctc. Jiat D. ii. 3. but each (/ 
these words is often put for the omen itself, Virg. JEn, iii. 89. 499. 
AveuRiuH Salutis, when the augurs were consulted whether it 
was lawful to ask safety from the gods, Dio. xxxvii. 24. IL 21. 
SueU Aug, 31. Tacii. Annal zii. 23. Civ. div. 1. 47. The omeni 
Were also called osttnia^ portentOy monstrOf prodigia^ {quia osUn- 
dtmty portenduntf monstrant^ prmdicvni^) Cic. div. i. 42. 

The auq>ices taken before passing a river were called PfiRBMNU, 
F99ius. Cic. KaL D. ii. 37. Div. ii. 36. from the beaks of birds, as 
it is thought, or from the points of weapons, ex acuminibus, a kind 
of auspices peculiar to war, ibid, both of which had fallen into dis* 
use in the time of Cicero, ibid. 

The Romans derived their knowledge of augury chiefly from the 
Tuscans ; and anciently their youth used to be instructed as care- 
fully in this art, as afterwards they were in the Greek literature, 
Liv. ix. 36. Ctc. legg. ii. 9. For this purpose, by a decree of the 
senate, six of the sons of the leading men at Rome, were sent to 
each of the 12 states of Etruria, to be taught, Cic. div. i. 41. Va« 
lerius Maximus says ten, i. 1. It should probably be in both an* 
thors, one to each. 

Before the city of Rome was founded, Romulus and Remus are 
said to have agreed to determine by augury (auguriis Ugere) who 
should give name to the new city, and who should govern it when 
built llomulus chose the Palatine hill, and Remus, the Aventine, 
as places to make their observations, (templa ad inaugurandum.) 
Six vultures first appeared as an omen or augury (augurium) to Re* 
nius ; and after this omen was announced or formally declared, (ntm* 
ciaio augurioy) or as Cicero calls it, decantaio^ Divin. i. 47. See p* 
83. & 84. twelve vultures appeared to Romulus. Whereupon each 
was saluted king by his own party. The partisans of Remus claim- 
ed the crown to him from his having seen the omen first ; those of 
Romulus, from the number of birds. Through the keenness of the 
contest they came to blows, and in the scuffle Renius fell. The 
common report is, that Remus was slain by Romulus for having in 
derision leapt over his walls, lAv. i. 7. 

After Romulus, it became customary that no one should enter up- 
on an ofBce without consulting the auspices. Dionys. iii. 35. But 
DionVsius informs us, that in his time this custom was observed 
merely lor form's sake. In the morning of the day on which those 
elected* were to enter on their magistracy, they rose about twilight, 
and repeated certain prayers under the open air, attended by an 
augur, who told them that lightning had appeared on the left, which 
was esteemed a good omen, although no such thing had happened. 
This verbal declaration, although false, was reckoned sufficient, 2)i« 
oms. ii. 6. 

The augurs are supposed to have been first instituted by Ronui- 
Ins, three i& number, one to each tribe, Lh. z. %. as the Hanupices, 



254 ROMAN ANTIQUITIES. 

Dionys, ii. 22. and confirmed by Numa, ihid. 64. The fourth was add- 
ed, probably by Servius TuIIius, when he increased the number of 
tribes, and divided the city into four tribes, Id. vr* 34. Liv. i. 13. 
The augurs were at first all patricians, till A. U. 454, when five ple- 
beians were added, Liv, x. 9. Sylla increased their number to fif- 
teen, Liv. Ep. Ixxxix. They were at first chosen, as the other 
priest, by the Comitia Curiata^ Dionys. ii. 64. and afterwards under- 
went the same changes as \he ponlijices^ Liv. iii. 37. See p. 247. 

The chief of the augurs was called M agister Collegh. 

The augurs enjoyed this singular privilege, that, of whatever 
crime they were guilty, they could not be deprived of their office, 
Plin. Ep. iv. 8. because, as Plutarch says, Q. Rom. 97. they were 

intrusted with the secrets of the empire. The laws of friendship 

were anciently observed with great care among the augurs, and no 
one was admitted into their number, who was l^nown to be inimical 
to any of the college, Cic. Fam. iil 10. In delivering their opinions 
about any thing in the college, the precedency was always given to 
age, Cic, Sen. 18. 

As the PorUi/ices prescribed solemn forms and ceremonies, so the 
augurs explained all omens, Cic. Harusp. 9. They derived tokens 
{signa) of futurity chiefly firom five sources ; 1st, from appearances 
in the heavens, as thunder or lightning, 2d, from the singing or flight 
of birds, Stat. Thth. iii. 482. 3d, from the eating of chickens, 4th9 
from quadrupeds, and 5th from uncommon accidents, called LHra 

V. -a. The birds, which gave omens by singing, (oscines) were 

the raven, {corvus,) the crow, (comix^ the owl, {noctua vel bido^) the 
cock, (gallus gallinaceus,) &c. Festus, Plin. x. 20. s. 22. 29. s. 42. — 
Those which gave omens by flight, (alites vel prapetes,) were the 
eagle, vulture, &c. ib. Gell. vi. 6. Serv. m Virg. /En. iii. 361, Cic. 
div. i. 47. Mit. D. ii. 64. — ^The manner in which chickens fed, 
(puLLi,) Cic. div. ii. 34. see p. 83. was much attended to in war ; 
Phn. X. 22. ^••24. Liv. x. 40. and contempt of their intimations was 
supposed to occasion signal misfortunes : as in the case of P. Claudius 
in the first Punic war ; who, when the person who had the charge 
of the chickens (pullarius) told him they would not eat, which was 
esteemed a bad omen, ordered them to be thrown into the sea, say- 
ing. Then let them drink. After which, engaging the enemy, he was 
defeated with the loss of his fleet, Cic. Mit. D. ii. 3. div. i. 16. Lav. 
Ep. xix. VaUr. Max. i. 4. 3. Concerning ominous birds, &c. See 
Statins. Theb. iii. 502. &c. 

The badges of the augurs {Omamenia auguraliaj Liv. x. 7.) were, 
1. a kind of robe, called TRABEA, striped with purple, (virgaia 
vel plamata, a trabibus dicta,) according to Servius, made oP purple 
and scarlet, {expurpur& et cocco mistum,) in Virg. iEn. vii. 612, So 
pionysius, speaking of the dress of the Salii, ii. 70. who describes 
it as fastened with clasps, ibid, hence bibaphum, i. e. purpuram bis 
tinctam, cogUare, to desire to be made an augur, Cic. Fam. ii. IR 

W«pAo vtstire^ to make one, Att. ii. 9. 2. A cap of a conical 

■hape, like that of the;>ofi/(/fcc5, ibid. 3. A crooked stafi; which 

they carried in Htmc right hand, to mark out the quarters of the 



MINISTERS OF ItEUGION. S95 

bea?€iis, {quo regiones call determinarent,). called LITUUS, (ftocti- 
lus v. -um, sine nodo aduncus^ Liv. i. 18. Incurvum et leviter a sunk' 
mo inflexum bacillum, quod ab ejus litui, quo canitur^ siinilitudine no- 
men invenit^ Cic. divin. i. 17. l^irga brevis^ in parte qua robustior 
esty incurvOy Gell. r. 8.) 

An augur made his observations on the heavens, (SERVABAT de 
calo^ V. calum, Cic div. ii. 35. Dom. 15. Phil. ii. 32. Lucan. i. 60L 
V. 395.) usually in the dead of the night, {post mediam noctemy GelL 
iii. 2. media nocte, lav. xxxiv. 14. cum est silentiuai, Fesius : node 
6ILENT10, Liv. ix. 38. viii. 23. aperto calo^ it aut apertis uti liceat lur 
cemisj Plutarch. Q. R. 71. Id silentium dicimus in auspicio^ quod 
omni vitio carets Cic. div. ii. 44.) or about twilight, Dionys, ii. 5. 

The augur took his station on an elevated place, called arx or 
xsMPLURCj Liv, i. 6. vel tabernaculum, Liv, iv. 7. Cic, div, ii. 35. 
which Plutarch calls (fxf}v^, in MarcelL p. 300 — ^where the view was 
open on all sides; and to make it so, buildings were sometimes puU« 
ed down. Having first offered up sacrifices, and uttered a solemn 
prayer, (effata, plur. Serv, Virg, Mn. vi. 197. whence effari tern- 
plum, to consecrate, Cic, Att. xiii. 42. hinc fana nominata qubd 
pontifices in sacrando fati stmt finem^ Yarr. L. L. v. 7.) he sat down 
sedem ce/>i> m. solida sella), with his head covered, {capite velato^) 
and, according to Livy, i. 18. with his face turned to the east ; go 
that the parts towards the south 'were on the right, {partes dextrcs,) 
and those towards the north on the left, {Icevw,) Then he determin- 
ed with his lituus, the regions of the heavens from east to west, and 
marked in his mind some object straight forward, (signum contra aiu- 
mofinivit,) at as great a distance as his eyes could reach : within 
which boundaries he should make his obsei*vation, Liv, i. 18. .This 
space was also called T£MPLUM, [a tuendo : locus augurii aut 
auspicii caiisd quibusdam conceplis verbis Jinitus, Varr. L, L. vi. 2. 
Donat. in Ter. iii. 5. 42.) Dionysius gives the same description with 
Livy of the position of the augur, and of the quarters of the heavens, 
11. 5. so Hyginus, de limit. But Varro makes the augur look to- 
wards the south, which he calls pars andca ; consequently, the pars 
sinistra was on the east, and dextra on the west : That on the north 
he csdls postica, ibid. In whatever position the augur stood, omens 
on the left among the Romans were reckoned lucky : PlatU, Pseud, 
ii. 4. 72. Epid. ii. 2. I. Serv. in Virg. JEn, ii. 693. ix. 631. StaX. 
Theb, iii. 493. Ciclegg, iii. 3. Div. ii. 35. Gell. v. 12. Ovid, Trist. 
i. 8. 49. Dionys, ii. 5. but sometimes omens on the left are called 
unlucky ; Virg. Eel. i. 18. ix. 15. Suet. CI. 7. Vit. 9. Ovid, Epist, 
ii. 115. Trist, iv. 3. 69. in imitation of the Greeks, among whom 
the augurs stood with their faces to the north ; and then the east, 
which was the lucky quarter, was on th6 right. {Sinistrumy quod 
bonum sitf noslri nominaverunty- externi^ (sc. Grrcsdi) dextrum^ Cic. 
div. ii. 36.) Hence dexter is often put for felix \e\faustusy lucky 
or propitious, Virg, Mn, iv. 579. viii. 302. and sinister for infelix, 
infaustusy velfunestuSy unlucky or unfavourable. Id. i. 444 Plin, Ep, 
J. 9. viL 28. TadU Hist, v. 5. Thunder on the left was a good omen 
for every thing else but holding the comitia, Cic. div. ii. 18. 36. 



8S6 ROMAN ANTIQUITIES. 

The croaking of a ncfenXcorvus) on the righCaad of a crow (conm^ 
^m the left, was reckoned fortunate, and vice versA^ Gic. dir. i. 7. A 
S9. In short, the whole art of augury amoi^; the Romans was in- 
-volved in «ncertainty, ibid. It seems to have been at first xiontriv- 
ed, and afterwards cultivated, chiefly to increase the iafliienoe.of the 
leading men over the multitude. 

The Romans took omens {omiaa captabatU) also from quadrupeds 
crossing the way or appearing in an unaccustomlsd place, (Juvenal. 
xiiL 63. HoraL Odf. iii. 27. Liv. xxi. ult, xxiL 1.) from sneesinff, (ex 
flemttto^tone,) spilling salt on the table^ and other accidents of that 
kind, which were called Dira, sc. signOf or Dira, Cic. de divinat. i. 
16. il 40. Dio. xl. 18. Ovid, Amor, i. 12. These the augurs ex- 
plained, and taught how .they should be oxpiated. Wten they did 
0O, they were said commeniari^ Cic, Amic, 2. If the omen was good, 
the phrase was, Impetritum, inauquratum est. Plant. Asin. ii. 11. 
«od nence it was called Auguritan impetrativum vel optattan^ Serv. 
in Vii^. j£n. v. 190. Many curious mstances of Roman supersti- 
tioD, with respect to omens and other things, are enumerated, Plin. 
3S. 2. as among the Greeks, Pausan. iv. 13. — Caesar, in lending at 
Admmetum in Africa with his army, happened ^to fall on his face, 
which was reckoned a bad omen ; but he, with great; presenoe of 
mind, turned it to the contrary : For, taking hold -of the ground with 
his right hand, and kissing it, as if he had fallen on purpose, heex^ 
clBimedf I take possession of thee^ O Africa^ {Tiluzo tb, Africa,} 
Dio. xlii.^n. Suet. Jul. 59. 

Future events were also prognosticated by drawing lots, (soriibus 
ducendis^ Cic. div. ii. 33. thus, Oraeula sortibus aqiuilis ducuntur^ 
Id. i 18. that is, being so adjusted, that th<$y had all an equal chance 
of coming out first, Plaut. Cas. ii. 6. 35.) These lots were a Idnd 
of dice {tali v. lesseta) made of wood, Plaut. Cas. ii. 6. 32. of gold, 
Suet. Tib. 14. or other matter, Plaut. ibid. 46. Pausan. Messen. iv. 
3. Elide. V. 25. wi^h certain letters, words or marks, inscribed on 
them, G'c. div. ii. 41. They were thrown commonly into an urn, 
ibid, sometimes filled with water, Plaut. ibid. 28. & 33. and drawn 
out by the hand of a boy, or of the person who consulted the oracle. 
The priest of the temple explained the import of them, Cic. div. i, 
34. The lots were sometimes thrown like conunon dice, and the 
throws esteemed favourable or not, as in playinff, Suet. Tib. 14. Pro- 
pert. iv. 9. 19. Sortbs denotes not only the lots themselves, and 
the answer returned froni the explanation of them, thus, Sortes ipsas 
€t ceteray qua erant ad sortem, i. e. ad responsum reddendum paratOj 
disturbavit simiaj Cic. div. i. 34. Liv. viii. 24 ; but also any verbal 
responsea whatever of an oracle, {sortes ma vaticinations funduntur^ 
qua oraeula t^enW dicimus^) Cic. div. ii, 33. & 56. Dicta per carmi- 
na sortes, Herat, art. p. 403. So Liv. i. 56. v. 15. Virg. JEn. iv. 
346, vi. 72. Ovid. Met. i. 368. & 381. &c Thus Oracolum is put 
both for the temple, Cic. Font. 10. Ep. ad Brut. 2. and the answer 
.^Cpven in it, Cic. div. i. 1. 34. & 51. Aic. Tacitus calls by the name of 

* The tpilliog of adt b, by siipenthioiu people among as, stiil reckoned a fafd 
Miea ; eod^ soio«Usntr«peria tke ^MMtfritwrittta to 4eary tbt abpiMttigr. 



MINISTERS OF RELIGION. 257 

Sortes the manner which the Germans used to form conjectures about 
futurity. They cut the branch of a tree into small parts or slips (m 
'surcutoi^) and distinguishing these slips by certain marks, scattered 
them at random, {Umere ac fortuild) on a white cloth. Then a 
priest, if the presage was made for the public, {sipiiblici constUert- 
tur^) if in private, the master of a family, having prayed to the gods, 
and looking to heaven, took up each of the slips three times, and in- 
terpreted it according to the mark impressed on it. Tacit, de mor. G. 
10. Of prophetic lots, those of Proneste were the most famous, 
Cic. dvD. ii. 41. Suet. Tib. 63. Domit. 15. Stat. Syh. 1. 3. 80. Liv^ 
mentions among unlucky omens the lots of Cssre to have been di- 
minished in their bulk, (exttnuatct) xxL 63. and of Falerii, xxii. 1. 
Omens of futurity were also taken from names, Plaut, Pers. iv. 4. 
73. Bacch. ii. 3. 50. Those who foretold futurity by lots, or in anv 
manner whatever, were called Sortileoi ; Lucan. ix. 581. whida 
name Isidorus applies to those who, upon opening any book at ra|i- 
dom, formed conjectures from the meaning of the first line or pas- 
sage which happened to turn up, viii. 9. Hence in later writers we 
read of the Sortes Virgilian/b, Homerica, &c. Sometimes select 
verses were written on slips of paper, {in pittiunis^) and being thrown 
into an urn, were drawn out like common lots ;** whence of these it 
was said, Sors exciditj Spartian. Adrian. 2. l^amprid. Alex. Sev. 14. 
— Those who foretold future events by observing the stars, were 
called AsTROLOoi, Cic. Divin. i. 38. 39. ii. 42. Verr. ii. 52.t Mat 
THBMATici, Suet, ^ug. 94. TV). Cat. 57. Tacit. Hist. i. 22. Juotnal. 
vi. 561. xiv. 248. Genbthliaci, GM. xiv. 1. from genesis vel geni' 
turoj the nativity or natal hour of any one, or the star which hap- 
pened to be then rising, {sidus natalitiumy Cic. div. ii. 43.) Juvenal, 
xiv. 248. Suet. Tit. 9. and which was supposed to determine his fu- 
ture fortune ; called also Horoscopus (ab hor& inspicienda,) thus, 6e- 
mmof, horoscope, varo (for vario) producis genio ; O natal hour, al- 
though one and the same, thou producest twins of different disposi- 
tions, Pers. vi. 18. Hence a person was said habere imperatoriam 
genesim, to whom an astrologer had foretold at his birth, that he 
would be emperor, Suet. Vesp. 14. Dora. 10. Those astrologers 
were also called Ciialdai or B^bylonu, because they came origm- 
ally from Chald»a or Babylonia, Strab. xvi. 739. or Mesopotamia^ 
i. e. the country between the- conflux of the Euphrates and Tigris^ 
Plin. vi. 28. Diodor. ii. 29. Hence Chaldaids rationU}U8 erudituSf 
skilled in astrology, Cic. div. ii. 47. Babylonica doctrina^ astrology, 
Lucret. v. 726. — nee Babylonios tentaris numeros, and do not try as- 
trological calculations, i. e. do not consult an astrologer ; Horat. Od., 
i. 11. these used to have a book, {ephemeris, v. plur. -Ides^) in which 
the rising and setting, the conjunction, and other appearances of the 

* The use of the lot in doubtfal cases, bowever abused or misapplied ip ancient or 
modern timet, is warranted by divine authority, Lev, xvi. 8. 9. 10,Joih» i. 6. 1. 8am.- 
xiv. 41. P$. Xf i. 3. Pro9. xvi. 23, Acts, 1. 26. Ac. t. • - . 

t When mention is made in the classic authors, of the Mathemaiici being baniabed 
from Rome or from Italy, these jugglers, and not real malbematiciaD«,ar0 alwaytm- 
tended. 

33 



2K ROMAN ANTIQUITIES. 

stars, were calculated. Some persons were so superstitious, thai m 

the most trivial affairs of life they had recourse lo such books, Piin. 
29. I. which Juvenal ridicules, vi. 576. An Asiatic astrolo^r 
{Phryx Augur, tl Indus,) skilled in astronomy {aUrorum mundigve 
periiusr) was consulted by the rich ;* the poor applied to commoo 
forlunetellers,t {sorliUgi vel divmi,) who usually sat in the Circus 
Mtximus, ibid, which is therefore called by Horace fallax^ Sat» u 

6. 113. 

I Those who foretold fuiui*e events by interpreting dreams, weie 
called Coiijfctores ; by apparent inspiration, halioH v. dhini ; toIm , 
V. vaiivinntoren, &c. 

§ Persons disordered in their mind, {tnelanekoHci^ cardidci^ el 
phrerniici^) were supposed to possess the faculty of presaging future 
events, Ctr. div. i. 38, These were called by various other names ; 
CERRITI or CerUi, Plaut. Amph- ii. 2. 144. Horat Sat. ir. 3. 27a 
because Ceres was supposed sometimes to deprive her worshippers 
of their reason, JVb/i. i. 213. also Larvati, Larvurum plenit i. e. 
furiosi tt mn^ie mo/t, quasi Larvis tt speciris exterriti, Festus. Plant. 
Men. V. 4 2. and Lymph atu:i, or lymphatic Viig. i£D. tii. 377. 
Liv. vii. 17. (a lymphis in furor em actiy vu^i^XiicrM, Farrow L. L. 
vi. 5. 9 rn tperiem 'quondam e fonle, id est effigium nympha viderinlf 
Festus,) because the nymphs nmde those who saw ihom mad, Ovid, 
Ep, iv. 49. Isidore makes lymphaticus the same with one seized 
with the hydrophobia^ {qui aquam timtaty u^^«^o(,) x. liitra L» Paioor 
lymphaticus^ a panic fear, Liv. x. 28. Stntc. Ep. 13. Nummi auri 
lymphaiici^ burning; in the pocket, as easer to get out, of to be Mient, 
Plant. Pftn. i. 2. 132. Mens lymphata Mirctotico^ intoxicated^ Hormt. 
Od. i. 37. 14. As hellebore was used in curing those who were 
mad, hence elleborosus for iruanus^ Plaut. Rud. iv. 3. 67. Those 

* The fthepherds who watched their flocks by night, io order to govd tbcn from 
the wild beasts, in the fertile plains of Babylon and Egyplf having been longhabitu* 
ated to observe the stars, as guides in their journevings, were the first students of this 
art, as well as of astronomy. The principles oftp/ierieat trigonpmetrjf were after- 
wards applied to this subject : it has .been deemed a valnable branch qI science : ma* 
ny treatises have been written on it, and men of sense and learning seduced by it* 
fanciful illusions. The eventual accomplishment of some of its predictions, were sup- 
posed to stamp it with infallibility ; though there was no other foundation for belief 
in its truth and certainty, than the deluded vagaries ot a heated imagination. The 
poet Drtdxn , among others, is said lo have been deeply versed in this pretended 
acience. It is now almost onknown and forgotten. 

tin our own day, fortnneteliers are no rarity. They draw (bcir presages from the 
cenfiguralion of the lines on the hand and face ; and from catting and shnffliog of 
cards or examining the grounds on the edge and bottom of a teacup : and notwith* 
standing the absurdity of the practice, these imfiostors have plenty of employment. 
8o eager is the human mind to pry into the secrets of futority. 

X Of dreamers also, abundance are to be found in our own timea ; and in tome in- 
stances, among a class of people, from whose opportunities and anderBtaadiDg. we 
night look for an eiemption from these follies. There are some iew also, who pre- 
tend to foreknow marriages and funerals ; but these persons generally are wise 
enough to conceal their prescience, till the event has taken place. 

f Toe sallies of Lunattes have in all ages been attributed, or compared to inspirs- 
Uon. Surprise, tenderness, and sympathy have no doubt a considarable ahart In 
originating this sentiment 

The same motives may contribute to prodace the Tsnsntion paid to tha Qmtrm 
among Uie Jitft, and t6 JiUti m Mia. 



MINISTERS OF RELIGION. 35& 

transported widi religious enthusiasm were called Fanatici, Jw>t» 
not. ii. 113. iv. 133. Cic. divin. ii. 57. Dom. 60. frooi panom^ a 
/iriy because it was consecrated by a set form of words, {fando^) 
Festus, & Varr. L. L. v. 7. — or from Faunos, (qui ^timus fani 
conditor fuU,) Serv. in Virg. 6. 1. 10. From the influence of the 
moon on persons labourii^ under certain kinds of insanity, they are 
called by later writers LUNATICI. 

HARUSPICES, ab haru^ i. e. ub hosiid. (Donat in Ter. Phorm. 
iv. 4. 28. vel potius a victinUs, aut exiis vicUmarum in ara inspici- 
endis;) called also Extispices, Cic. Dvo. ii. 11. Aon. i. 53. who 
examined the victims and their entrails after they were sacrificed, 
and from thence derived omens of futurity ; Stat. Tkeb. iii. 456. 
also from the flame, smoke, and other circumstances attending the 
sacrifice ; as if the victim came to the altar without resistance, stood 
there quietly, fell by one stroke, bled freely, &c. These were fa«- 
vourable signs. The contrary are enumerated, FtV^. G. iii. 186. 
Lucan. i. 609< &c. They also explained prodigies, Cic. Cat. iii. 8. 
Div. u 3. Suet. Jiug. 29. Plin, vii. 3. Their oflSce resembled that 
of the au^rs ; but they were not esteemed so honourable : hence, 
when Julms Caesar admitted Ruspina, one of them, into the senate, 
Cicero represents it as an indignity to the order, Fam. vi. 18. Their 
art was called Hauspicina, v. haruspicium difciplina^ Cic. div. L 2* 
41* and was derived from Etruria, where it is said to have been 
discovered by one Tagus, Cic. div. li. 23. Ovid. Met. xv. 553. Lu- 
xaa. i. 637. Vensorin. nat. d. 4. and whence Haruspices were often 
sent for to Romd, Liv. v. 15. xxvii. 37. Cic. Cat. iii. 8. Lucan. i 
584. Martial, iii. 24. 3. They sometimes came from the east ; thus 
Armenius vel Comag^ntis haruspex, Juvenal, vi. 549. Females also 
practised this art, (AauspiciE) Plaut. Ml. Glor. iii. 1. 99. The 
college of the Haruspices was instituted by Romulus, Dianas, ii. 22. 
Of what number it consisted is uncertain. Their chief was called 
SuMMus HAausfiBX, Ctc. div. ii. 24. 

Cato used to say, he was surprised that the Haruspices did not 
lau^ when they saw one another, Cic. J^at. D. i. 26. Divin. ii. 24. 
their art was so ridiculous ; and yet wonderful instances are record- 
ed of the truth of their predictions, Liv. xxv. 16. Sallusi. Jug. 63. 
Tacit. Hist. i. 27. Suet. Galb. 19. Suei. Cats. 81. Dio. xliv. la 

III. QUINDECEM VIRI sacris faciundiw ; these had the charge 
of the Sibylline books ; inspected them by the appointment of f he 
senate in xiangerous junctures ; and performed the sacrifices which 
they enjoined. It belonged to them in particular to celebrate the 
secular games, Horai. de Carm. sac. 72. Tacit. Jlnnal. ii. 11. vi. 12. 
and those of Apollo, Dio. liv. 19. They are said to have been in- 
stituted on the folkyWing occasion. 

A certain woman called Amalthaea, from a foreign country, is said 
to have come to Tarquinius Superbus, wishing to sell nine books of 
Sibylline, or prophetic oracles. But upon Tarquin's refusal to give 
her the price which she asked, she went away, and burnt three of 
them. Returning soon after, she demanded the same price for the 
remaining six. Whereupon being ridiculed by the king, as a sense- 



960 ROMAN ANTIQUITIES. 

less old woman, she went and burnt other three ; and coming backf 
still demanded the same price for the three which remained. Gel- 
lius says, that the books were burnt in the king's presence, i. 19. 
Tarquin, surprised at the strange conduct of the woman, consulted 
the augurs what to do. They, regretting the loss of the books, which 
had been destroyed, advised the king to give the price required. 
The woman therefore having delivered the books, and having de- 
sired them to be carefully kept, disappeared, and was never after- 
wards seen, Dionys. iv. 62. Laclani. i. 6. GelL i. 19. Pliny says 
she burnt two books, and only preserved one, Plin, xiii. 13. s. 27* 
Tarquin committed the care of these books, called Libri Sibtlli- 
NA, ibidL or versus, Herat. Carm. sac, 5. Cic, Verr, iv. 49. to two 
men {Duumviri) of illustrious birth; Dionys. ibid, one of whom, 
called Atillius, Dionys. iv. 62. or Tullius, Valex Maximus. L 1. 13. 
he is said to have punished, for being unfaithful to his trust, by or- 
dering him to be sewed up alive in a sack, (in culeum insuif) and 
thrown into the sea, tbid. the punishment afterwards inflicted on 
parricides, Ctc. Rose. Am. 25. In the year 387, ten men {decemviri) 
were appointed for this purpose ; five patricians, and five plebeians ; 
Iav. vi. 37. 42. afterwards fifteen, as it is thought by Sylla, Strv. in 
Virg. Mn. vi. 73. Julius Ca3sar made them sixteen, Dio. xlii. 51. 
xliii. 51. They were created in the same manner as the Poniificts^ 
Dia liv. 19. See Lex Domitia. The chief of them was called 
Maoister Collbgii, Plin. xxviii. 2. 

These Sibylline books were supposed to contain the fate of the 
Roman empire, Liv. xxxviii. 45. and therefore, in public danger or 
calamity, the keepers of them were frequently ordered by the senate 
to inspect {adire, inspicere v. constUere) them, Liv. iii. 10. v. 13. 
Tii. 27. xi. 12. xxi. 62. xxii. 9. xxix. 10. xxxvi. 27. xli. 21. They 
were kept in a stone chest below ground in the temple of Jupiter 
Capitolinus. But the Capitol being burnt in the Marsic war, the 
Sibylline books were destroyed together with it, A. U. 670. Where- 
upon ambassadors were sent every where to collect the oracles of 
the Sibyls, TaciL Annal. vi. 12. For there were other prophetic 
women besides the one who came to Tarquin, Pausan. x. 12. Lae- 
tantius from Varro mentions ten, i. 6. i£lian, four, xii. 35. Pliny 
says there were statues of three Sibyls, near the Rostra in the Fo- 
rum, xxxiv. 5. s. 10. The chief was the Sibyl of Cumse, (Sibylla 
Cum JEA,) whom ^neas is supposed to have consulted ; called by 
Viijgil Deiphobtf Mn. vi. 36. 98. from her age, longava^ 321. vtvoxi 
Ovid. Met. xiv. 104. and the Sibyl of £ry three, a city of Ionia, 
(ERTTHajEA Sibylla,) Cic, divin. i. 18. who used to utter her ora- 
cles with such ambiguity, that whatever happened, she might seeai 
to have predicted it, id. ii. 54. as the priestess of Apollo at Delphi, 
Pausan. iy. 12. &c the verses, however, were so contrived, that the 
first letters of them joined together made some sense ; hence called 
AcROSTicBis, or in the plural acroslichides^ (fl^pof<X^<(*) ^^^*- <▼• 
62. Christian writers often quote the Sibylline verses m support of 
Christianity ; as Lactantius, L 6. ii. 11, 12. iv. 6. but these appear 
to have been fabricated. 



MINISTERS OP REUGION. 3BI 

From the Tarioas Sibylline verses thus collected, the Qmndecem* 
viri made out new books ; which Augustus (after having burat all 
other prophetic books, futidici libri, both Greek and Latin, above 
3000) deposited in two gilt cases, (fondis auratis^) under the bate 
of the statue of Apollo, in the temple of that god on the Palatine 
hill, SueL Aufr, 31. to which Virgil alludes, ^». vi. 69. &c. having 
first caused the priests to write over with their own hands a new 
copy of them, because the former books were fading with age, Duk 
liv. 17. 

The Qutndecemviri were exempted from the obligation of serv* 
ing in the army, and from other offices in the city. Their priest- 
hood was for life, Dionys, iv. 62. They were properly the priests 
of Apollo ; and hence each of them had at his house a brazen tripod, 
(cortina vel tripus,) Serv. in Virg. JEtu iii. 332. Val. Flaa i. 6. aa 
being sacred to Apollo, Suet. Jlnz. 52. Similar to that on which 
the priestess at Delphi sat, which Servius makes a three«footed 
stool or table, (mender,) ibid. 360 ; but others, a vase with three feet 
and a covering, properly called Cortina^ (^Nim;,) vhich also signi* 
fies a large round cauldron, Plin, xxxv. 11. b, 41. Varr. L, L. vi. 
3. often put for the whole tripod, or for the oracle, Virg, Mn. vi. 
347. iii. 92. Ovid. Met. xv. 635. Plin. xxxiv. 3. 5. 8 : hence irtpo- 
das serUire, to understand the oracles of Apollo, Virg. JEn. iii. 3q0l 
When tripods are said to have been given in a present, vases or 
cups supported on three feet are understood, Virg. Mtu v. 110. 
Horat. Od. iv. 8. 3. Mp. Paus. 1. Ovid. Her. iii. 32. Suet. Aug. 53. 
such as are to be seen on ancient coins. 

ly. SEPTEM VIRI epulonem, who prepared the sacred fdasts at 
games, processions, and on other solemn occasions. 

It was customary among the Romans to decree feasts to the gods, 
in order to appease their wrath, especially to Jupiter, (ejmlum Jo* 
visj V. -t,) during the public games,( ludortm caus&f) Liv. xxv. 3. 
xxvii. 38. xxix. 38. Jtn. xxx. 3^. xxxi. 4. xxxii. 7. These sacred 
entertainments became so numerous, that the Poniijicts could no 
longer attend to them ; on which account this order of priests was 
itistituted to act as their assistants. They were first created A: U. 
557. three in number, (TarusiviRi Epulones,) Lit. xxxiii. 44.'0«e. 
Oral. iii. 19. and were allowed to wear the toga pratexta, as the 
Pontijices, ibid. In the sing. Triumvir Epulo, Id. xl. 4^. Tlieir 
number was increased to seven, it is thought by Sylla, Gelt. i. IS. 
sin^. Septemvirque Epulis festis, Lucan i. ^32. If any thing 
had been neglected or wrongly performed in the public games, the 
Epulones reported it {afferebani) to the Pontificea ; by whose decree 
the games on that account were sometimes celebrated anew, Cie. 
Harusp. 10. Liv. ibid. The sacred feasts were celebrated with great 
magnificence; hence, CanoR pontijicum v. pontijicales, et auguralesj for 
sumptuous entertaiiimentd, Horat. Od. ii. 14. 28. Macrob. Sat. ii. 9. 

The PontiJiceSf Augures, Septemviri EpttloneSf and Quindecemviri 
were called the four colleges of priests, (rs^ans kpt^vyeu. Die. Iiii. 
1. Sacerdotes sun morum collegiorum, Suet. Aug* 101.^ When di- 
vine honours were decreed to Augurtus, after his death, a fifth col- 



963 ROMAN ANTIQUITIES. 

lege was added, composed of his priests ; hence called Colleoicm 
SoDALiuM AuousTAUOM, TocU. JinnaL iii. 64. Dto. IvL 46. Iviii. 
12. So Flavialium collegium^ the priests of Titus and Ves- 
pasian, Suei. Dom. 4. But the name of COLLEGIUM was applied 
not only to some other fraternities of priests, lAv, xxxvi. 3. but to 
any number of men joined in the same office ; as the Consuls, Liv. 
X 22. 24. Praetors, Cic. Off. iii. 20. Quaestors, Suei. Claud. 24. 
Tribunes, Cic. Dom. 18. also (b any body of merchants, Liv. ii. 27. 
or mechanics, Plin. xxxiv. I. P/t/i. Ep. x. 42. to those who lived in 
the capitol, Liv* v. 50. 52. even to an assemblage of the meanest 
citizens, Cic. Dom. 28. or slaves, Cic. post red. in Sen. 13. Sext. 25* 
Pis. 4. 

To each of the colleges of Poniifices^ Aueruresy and Quindectmvirif 
Julius Caesar added one, Dio. xlii. 51. and to the Sepiemviri, three, 
Id. xlii./n. After the battle of Actium, a power was granted to 
Augustus, of adding (o these colleges as many extraordinary mem- 
bers as be thought proper ; which power was exercised by the suc- 
ceeding emperors ; so that the number of those colleges was thence- 
forth very uncertain, Dio. li. 20. liii. 17. They seem, however, 
to have retained their ancient names ; thus, Tacitus calls himself 
Quindecemvirali sacerdotio prasdilus, Ann. xi. 1 1. and Pliny men- 
tions a Sbptbmvir Epulonum, Ep, ii. 11. 

It viras anciently ordained by law, that two persons of the same 
family (ex rf^g avrric tfu^/evfioc) should not enjoy the same priesthood, 
Dio. xxxix. 17. But under the emperors this regulation was dis- 
remrded. 

The' other fraternities of priests were less consideraUe, although 
composed of persons of distinguished rank. 

1. FRATRES AMBARVALES, twelve in number, who offered 
up sacrifices for the fertility of the ground, {ut arva/mgcs /errent,) 
Varr. iv. 15. which were called Sacra Amharraiia^ because tlie vic- 
tim was carried round the fields, {arva anAiebat^ itr circvmibat Ao5- 
tiafruges^ Virg. G. i. 345.) Hence they were said, agros lustrare. 
Id. Eel. V. 75. et /7iirgare, Tibull. ii. 1. 1. & 17. and the victim was 
called HosTiA ambarvalis, Festus, Macroh. Sal. iii. 5. attended 
with a crowd of country people, having their temples bound with 
garlands of oak leaves, dancing and singing the praiises of Ceres ; to 
whom libations were made of honev diluted with milk and wine, 
(cfit tu lade favos, i. e. mel, ft miti dilne Bacchb^ Virg. G. i. 554.) 
These sacred rites were performed before they began to reap, pri- 
vately as well as publicly, ibid. 347. 

This order of priests is said to have been instituted by Romulus 
in honour of his nurse Acca Laurentia, who had 12 sons, and when 
one of them died, Romulus, to console her, offered to supply his 
place, and called himself and the rest of her sons, Fratrks Arva- 
LEs. Their office was for life, and continued even in captivity and 
exile. They wore a crown n.ade of the ears of corn, {corona spiceoj) 
and a white woollen wreath around their temples, linfula albOf) 
Gell. Yi. 17. Plin. xviii. 2. 

Infula erant JUamenta lanea^ qtdbus sacerdotea et hosiictf fenip/a- 



MINISTERS OF REI JGION. S63 

que velabantWf Festus. The inftda were broad woollen bandages 
tied with ribands, (rtf/ce,) Yirg. G. iii. 487. ^n. x. 538. Ovid. 
PonL iii. 2. 74. used not only by priests to cover their heads, Ctc. 
Ferr, iv. 50. Lucan. v. 142. but also by suppliants, Cas. B. C. ii. 
12. Liv. xxiv. 30. xxv. 25. Tacit. Hist, u 66. 

21 CURIONES, the priests, who perfonned the public sacred 
rites in each curia^ 30 in number. See* p. 13. Heralds who notified 
the orders of the prince or people at the spectacles were also called 
CuaioNES, Plin. Ep. iv. 7. Martial. Praf. ii. Plautus calls a lean 
lamb curioj^ i. e.qui cur& macet^ which is lean with care,«4u/. iii. 6. 27. 

3. FKCIALES vel FetiaUs, sacred persons employed in declar- 
ing war and making peace, Liv. ix. 5. The Fecicuis, who took the 
oatli in the name of the Roman people in concluding a treaty of 
peace, was called 1*ATER PATRATUS, {quod jmjurandum pro 
toto populo p^XrBbsXj i. e. prastabat vel ptragebat^) Liv. i. 24. The 
FeciaUs {collegium ftdalium^ Liv. xxxvi. 3.) were instituted by Nu- 
ma Pompilius, borrowed, as Dionysius thinks, i« 21. ii. 72. from the 
Greeks : they are supposed to have been 20 in number, Varr. apud 
.ATon. xii. 43. They judged concerning every thing which related to 
the proclaiming of war and the making of treaties ; ibid. Cic. Ugg.^^ 
ii. 9. the forms they used were instituted by Ancus ; Liv. i. 32. 
They were sent to the enemy to demand the restituti6n of effects, 
(cLARiQATUM, i. c. res raptusj dare repititum,) they always carried 
in their hands, or wreathed round their temples, vervain, {verbena^) 
Serv. in Virg. xii. 120. vel vcrhtnaca^ a kind of sacred grass or clean 
herbs, {sagmina v. herba pura^) plucked from a particular place in 
the capito], with the earth, in which it grew, {gramen ex arce cum 
sua terra evuhum;) hence the chief of them was called Vkrbenari- 
us, Plin. xxii. 3. xxx. 9. s. 69. If they were sent to made a treaty, 
each of them carried vervain as an emblem of peace, and a flint 
stone to strike the animal which was sacrificed, (privos lapides W/i- 
cesy privasque verbenas,) Liv. xxx. 43. 

4. SODALES TUii vel Tititnses, priests appointed by Titus Ta- 
tius to preserve the sacred rites of the Sabines ; or by Romulus in 
honour of Tatius himself, Tacit. Annal. \. 54. Hist. ii. 95. in imita- 
tion of whom, the priests, instituted to Augustus after his death, 
were called Sodal£S, ibid. Suet. Claud. 6. Galb. 8. 

5. REX Sacrorum, vel Rex sacrijiculus^ a priest appointed after 
the expulsion of Tarquin, to perform the sacred rites, which the 
kings themselves used formerly to perform ; an ofllce of small im« 
portance, and subject to the Pontifex Maximus^ as all the other priests 
were, Liv. ii. 2. Dionys. iv. 74. v. 1. Before a person was ad- 
mitted to this priesthood, he was obliged to resign any other office 
be bore, Liv. xl. .%2. His wife was called Reoina, Macrob. Sat. L 
15. and his house anciently Regia, Serv. in Firg. Mn. viiL 363. 

The PRIESTS of PARTICULAR GODS. 

Thb priests of particular gods, were called FLAMINES, from a 
cap or nllet (a//o vel pileo^) WBTch they wore on their bead, Farr. 
L. L. iv. 15. The chief of these were, 



364 ROMAN ANTIQUITIES. 

I. Flamtn DIALIS, the priest of Jupiter, who was distinguished 
by a lictor, sella curulis^ and toga praiextOf Liv. i. 20. and had a right 
from his office of coming into the senate, Liv. xxvii. 8. IL Flamen 
MARTIALIS, the priest of Mars ; III. QU1R1NAL18, of Romulus, 
&c. These three were always chosen from the patricians, Ctc. Dom. 
14 — ^They were first instituted by Numa, Liv. i. 20. Dionys. h. 64. 
who had himself performed the 3acred rites, which afterwards be- 
longed to the Flameti Dialisy Liv. i. 20. They were afterwards cre- 
ated by the people, Gtll. xv. 27. when they were said to be tltcti^ 
designatif creaii vel destinati^ Yell. ii. 43. Suet. Jul. I. and inauffU- 
rated or solemnly admitted to their office by tlie Pontifex M. and tne 
« augurs, Cic. Phil. ii. 34. Brut. 1. Suet. CaL 12. Liv. xxx. 26. Faler. 
Max. vi« 9. 3. when they were said inaugurari^ prodi^ vel capt, ibid. 
& Cic. Mil. 10. 17. The Pontifex M. seems to have nominated 
three persons to the people, of whom they chose one, Tacit. Jrwal. 
iv. 16. 

The Flamines wore a purple robe called Lana, Cic. Brut. 14. 
which seems to have been thrown over their toga ; hence called by 
Festus dtpltx amictus^ and a conical cap, called apex, Lucan. i. 604. 
Lanigerosque apices, Virg. JEn. viii. 664. Although not Pontificts^ 
they seem to have had a seat in that college, Cic. aarusp. 6. Vom. 
9. Other Flamirua were afterwards created, called Minores, who 
might be plebeians, Festus^ as the Flamen of Carmenta, the mother 
of Evander, Ctc. Brut. 14. The emperors also, after their conse- 
cration, had each of them their Flamines^ and likewise colleges of 
priests, who were called sodales^ Suet. CI. 6. Thus, Flamen Cje- 
SARIS, Suet. Jul. 74. sc. Antonius, Cic. Phil. ii. 43. Dio. xl. iv. 6. 

The Flamen of Jupiter was an ofiice of great dignity, (maxima 
dignationis inter xv. fiamines^ Festus,) but subjected to many re- 
strictions, as that he should not ride on horseback, Fest. & Plin. 
xxxviii. 9. nor stay one night without the city, Liv. v. 52. Tadt. 
Annal. iii. 58. nor take an oath, Lav. xxxi. 50. and several others 
enumerated, Gell. x. 15. Plutarch. Q. Rom. 39. 43. 107. 108. &c. 
His wife {Flaminicai^ was likewise under particular restrictions, ihid. 
&L Tacit. Annal. iv. 16. Ovid. Fast. vi. 226. but she could not be di- 
vorced, and if she died, the Flamen resigned his office, Plutarch. Q. 
Rom. 49. because he could not perform certain rites without her as- 
sistance, ibid. 

From the death of Morula, who killed himself in the temple of Sn- 
fitert (incisis veniSf stiperfusoque altaribus sanguine^) Cicero says in 
the temple of Vesta, Orat. iii. 3. to avoid the cruelty of Cinna, A. 
U. 666. Flor. iii. 21. Veil. ii. 22. there was no Flamen DuUis^ for 
72 years. Tacit. Annal. iii. 58. (Dio makes it 77 years, Lib. 36. but 
seems ncjt consistent, ibid. 24.) and the duties of his function were 
performed by the Pontijices ; till Augustus made Servius Maluginen- 
sis. Priest of Jupiter, TaciU ibid. Suet. Aug. 31. Julius Cesar had 
indeed been elected {destinatus^ Suet. 1. creatus^ Yell. ii. 43.) to 
that office at 17 {pene puer, ibid.) but not having been inaugurated, 
was soon after deprived of it«by Sylla, ibid. 

II. SALII, the priests of Mars, twelve in numbefy inatituled by 



MINISTERS OP RELIGION. 265 

Numa ; so called, because on solemn occasions they Used to go 
through the city dancing, (a sattu natnina ducunt, Ovid. Fast. iii. 387. 
txsuitantes Salii, ^irg, Mn. viii. 663. a saltando, qnodfactre in co^ 
initio in aacris quotcyinis soltnt et dehmt, Varr. iv. 15.) drest in an 
erabmidered tui^ip, {iuriicu pirtd,) bound with n brazen belt, and a 
toga pratexla or irahea ; having on their head a cap rising to a con- 
siderable height in the form of a cone, {apexj xu^^waia,) with a sword 
by their side ; in their right hand, a spear, a rod, or the like ; and 
in their left, one of the jinciUa^ or shields of Mars, Diont/s, ii. 70. 
Lucan says it hung from theic neck, Et Saints lato portal ancilia cut' 
lo, i. 603. Seneca resembles the leaping of the Saiiij {saltvs fiALi" 
ARis,) to that of fullers of cloth, {salt us Fullomus,) Ep. 15. They 
used to go to the capitol, thix)ugh the Forum and other public parts 
of the city, singing, as they went, sacred songs, {per nrhcm ibant ca^ 
nenies carmina cum tripudiis soUnniqut saltalu, Li v. i. tJO. Herat. Od. 
i. 36. 12. iv. I. 28.) said to have been composed by Numa, {Saliqrt 
Mima carmen,) Horat £p. ii. 1. 86. Tacit. Annal. ii. 83. which, 
in the time of Horace, could hardly be understood by any one, ibid. 
scarcely by the priests themselves, Quinclilian. i. 6. 40. Festus 
calls these verses Axamen ta, vel Assamenta. 

The most solemn procession of the Salii was on the first of March, 
in commemoration of the time when the sacred shield was believed 
to. have fallen from heavcfn in the reign of Numa. They resembled 
the armed dancers of the Greeks, called Curetrs, from Crete, where 
that manner of dancing, called Pykriohk, had its origin; whether 
invented bv Minerva, or, according to the fables of the poets, by the 
Curetes^ who, being intrusted with the care of Jupiter in his infancy, 
Serv. in Virg. iv. 151. to prevent his being discovered by Saturn, 
his father, drowned his cries by the sound of their arms and cymbals, 
Dionyit. ii, 70. vii. T2. Hygin. 139. It was certainly common among 
the Greeks in the time of Homer, //. vi. v. 494. Strab. x. 467. &; 
4S8.Jin. 

, No one could be admitted into the order of the Salii, unless 
a native of the place, and freeborn, whose father and mother were 
alive. Lucan calls them Ucta jxtoenlus pairkiaj because chosen from 
that order, ix. 478. The Salii, after finishing their processjon, had 
a splendid en^tertainment prepared for them, Suet. Clavd. 33 ; hence 
8a LI 4 RES dapesy costly dishes, Horat, Od. i. 37. 2. Epvlari Saliartm 
in modwn, to feast luxuriously, Cic. Au. v. 9. Their chief was call- 
ed pRASiHi, (i. e. qui ante alios salit ;) who seems to have gone 
foremost in the procession, Cic. Divin. i. 26. ii. 66 ; their principal 
musician, Vates ; he who admitted new members, Magister ; Ca- 

?ntolin. in Antoniu. philos. 4. According to Dionysius, iii. 32. Tul- 
us Hostilius added twelve other Salii^ who were called Aoonales, 
•enses, or Collini, from havijig their chapel on the Colline hill. Those 
Instituted by Numa had their chapel on the Palatine hill ; hence for 
the sake of distinction they were called Palatini, Id. \u 70. 

III. LUPERCI, the priests of "Pan ; so called {a Ivpo) from a 
wolf, because that god was supposed to keep the wolves from the 

34 



266 ROMAN ANTIQUITIES. 

sheep, Serv. in Virg, Mn. viii. 343. Hence the place where Fie 
was worshipped wus called Luptrcal^ and his festival LupercaliOf 
which was celebrated in February ; at which time the Liiperci ran 
up and down the city naked, having only a girdle of goat-skins round 
their waist, and thongs of the same in their haAd^ with which they 
struck those whom they met : particularly marriec^omen, who were 
thence supposed to be rendered prolific, Ovid. Fasti, ii. 427. & 445* 

There were three companies {sodaiiiaUs) of Luperci ; two an- 
cient, called Farianl and QuiNTiLiANi, (a Fabio r/ Quintiliojvrie- 
positis sijiSf Festus,) and a thh*d, called Julii, instituted in honour of 
Julius Cscsan whose first chief was Xntony ; and therefore, in that 
capacity, at the festival of the Lupercalla^ although consul, he went 
almost naked into the forum Julium, attended by his Victors, and ha- 
ving made an harangue to the people, {nundus coucionaluf esi^) Cic* 
Phil. ii. 34. & 43. from the Rostra, he, according to concert, as it is 
believed, presented a crown to Cssar, who was sitting there in a 
golden chair, drbst in a purple robe, with a golden diadem, which had 
been decreed him, surrounded by the whole senate and peopte, ibid* 
Antony attempted repeatedly to put the crown on his head, address- 
ing him by the title of King, and declaring that what he said and did 
was at the desire of his fellow-citizens, Dio, xlv« 31. & 41. xlvi. 5. 
But CsDsar perceiving the strongest marl^s of aversion in the people, 
rejected it, saying, that Jupiter alone was king of Rome, and there- 
fore sent the crown to the Capitol, as a present to that god, Suef. 
Cc€s. 79. Cic. Phil. iii. 5. V. 14. xiii. 8. 15. 19. Dio. xlvi. 19. FtlL 
ii. 56. Plutarch. Ccbs. p. 736. Anion, p. 921. Appian. B. C. ii. p. 
496. It is remarkable that none of the succeeding emperors, in the 
plenitude of their power, ever ventured to assume the name of King. 

As the Luperci were the most ancient order of priests, said to have 
been first instituted by Evander, Ovid. Fasi. n.Q79. Liv.i.5; so 
they continued the longest, not being abolished till the Ume of Anas- 
tasius, who died A. D. 518. 

IV. POTITII and PINARII, the priests of Hercules, instituted 
by Evander, Liv. i. 7. Virg. Mn. viii. 270. when tie built an altar 
to Hercules, called Maxima, afler that hero had slain Cacos, Liv. u 
7. said to have been instructed in the sacred rites by Hercules him- 
self, Cic. Dom. 52. Serv. in Virg. ./En. viii. 269. being then two of 
the most illustrious families in that place. The Pinarii happening 
to come too late to the sacrifice, after the entrails were eaten up, 
{cxtis adesis,) were by the appointment of Hercules never, after per- 
mitted to taste the entrails, ibid. <Jr Dionys. i. 40. So tliat they only 
acted as assistants, in performing the sacred rites ; (t^i domu9 Htr^ 
cidei custos Pinaria sacri, Vii^. ibid.) The Poiiiii^ being taught by 
Evander, continued to preside at the sacrifices of Hercules, for ma- 
ny ages ; (Antistites sacri ejuafueruntj Liv. ibid. Primus^ue Potitius 
aucior, Virg. ibid.) till by the authority or advice of Appios Claudi- 
us, the censor, having delegated their ministry to public slaves, their 
whole race, (genus omne.Y. Gens, Poiitiorumf) consisting of 12^0- 
w«/i(B, became extinct, within a year ; and some time after AppniB 
lost his sight ; a warning, says livy, against roaki^ innovatioBB in 



MINISTERS OF RELIGION. 



* < 



relffiiofl, (quod diniovendis statu suo sacris reli^ionem facere poss^ 

y. GALLT, the priests of Cyfiefe the mother of the gods so call 
from Callus, a river in Phrygia, which w«s supposed to make the: 
who drank of it mad, so that ihey castrated themselves, Ffstus ; 
the priests of Cyb€le did, Hfrodlan. l. 11. (hid. Fa.sL iv. 361. {^ 
nitalia sibi abxcindeLaht euitris laj.vUis vel Samil tesf:, with kiiiv 
of stone or Samian brick,) Jf/venal. ii. 1 1(>. vi. 513, jMtniuL jii. ^ 
3. PKn. 11. 49. s. 109. xxxv.. 12 s. 4(5. in imitation of .^ii^s, -j^fs, j 
Iw, -frff>, V. Ailxn^ -i/a'v, Ovid. Fast. iv. l%\. &c. Met. x. 104. / 
nob. called also Cukkies, Lucrel, ii. 62!i. Ci><iVH\.\T.'.>, Ihr 
Od, u 16. 8. their chief ARrmuAixus, Setv. in Vng. ix. 116. PI 
xxxv, 10. 8. 36. all of Phrygian extraction, Dionys. ]•. if), who \\< 
to carry round the image of Cybele, with the gestures of mad pcoj: 
rolling their heads^ beating their breasts to the sound of thi ir tlii 
{tibia Btrecvntfda^ v. 6»/x/,) making a great noise with drums a 
cymbals, Ilorat, Od. I 16. 7. f^irg. JEn. ix. 619. Sometunes a 
cutting their arms, and uttering dreadful predictions, lAuan, i. 5( 
Stntc. 'Med. 804. During the festival called Hilaria, at the veri 
equinox, (viii. Kal. April,) Macrob, Sat. i. 21. they washed w 
certain solemnities the image of Cybele, her chariot, her lions, a 
all her sacred things, in the Tiber, at the conflux of the Almo, Or 
Fast. iv. 337. They annually went round tlie villages, asking air 
(»tipem emendicantes,) ibid. 350. Pont. i. 1. 40. Dionya. ii. 19. whi 
all other priests were prohibited to do, CtV. Ugg. ii. 9. 16. All t 
circumstances relating to Cybele and her sacred rites are poetica 
detailed by Ovid, Fast. iv. 181. 373. 

The rites of Cybele were disgraced by ^reat indecency of i 
pression, Juvenal, ii. 110. Avgustin. de Civ. Dei, ii. 14. 

VIRGINES VESTALES, (najdmi 'K^aidsc,) Virgins consecrat 
to the worship of Vesta, a priesthood derived fmm Alba, Eiv. i. ! 
for Rhea Sylvia, the mother of Romulus, was a Vestal, ibid. 3. c 
finally from Troy,' Ttrg. Mn. ii. 296. first instituted at Rome 
JNuma, Iav. ibid, four in number, Dionys. ii. 64 & 65 ; two w< 
added by Tarquinius Priscus, Id. iii. 67, or by Servius Tullius, P 
^ torch* in Nrnna^ which continued to be the number ever after, D 
* nys. ibid. Festus in SEX. 

The Vestal Virgins were chosen first by the kings, Dionys. ib 
and after their expulsion, by the Pontifex Maximus ; who, accord! 
to the Pdpian law, when a vacancy was to be supplied, select 
from among the people, twenty girls above six, and below sixtc 
jfears of age, free from any bodily defect, (which wap a requis 
m all priests, Saccrdos integer sit, ScHtc. controv. iv. 2. P 
tarch. Q. Rom. 72.) whose father and mother were both alive, a 
free-bom citizens. It was determined by lot in an assembly of I 
people, .which of these twenty should be appointed. Then the P< 
iifex At went and took her on whom. the lot fell, from her parer 
as a captive in war {manu prehensam a parente veiuti belio capt 
abductbani,) addressing her thus, Te, Amata, capio ; that being, 
cording to A. 6ellius» the name of the first who waa chosen a Vest 



I 



268 ROMAN ANTIQUITIES. 

Hence Capere, Virginem Vestalem, to choose ; which word was also 
applied to the Flamen Dialis, to the Pontifices and augurs, Geil, i. 
I^. But afterwards this mode of casting lots was not necessary. 
The Ponli^ex M might choose any one he thought proper, with the 
cx)nsent of her parents, and the requisite qualifications, {c^i^s ratio 
haberi posset,) ibid. Tacit. Ann. ii. 86. If none offered voluDtariiyv 
the method of casting lots was used, Suet, Aug. 31. 

The Vestal Virgins were bound to their ministiy for thirty years. 
For the first ten years they learned the sacred riles ; for the next 
ten, they performed them ; and for the last ten, taught the younger 
▼irgins, Senec. de vit. beat. 29. Dionys, ii. 67. They were all said, 
proBsidere sacris, Tacit. Ann. ii. 86. u/ (zssidua templi Antistitbs^ 
V. -f(E, Liv. i. 20. The oldest ( Vestalium vetmtissimaj Tacit Ann. 
xi. 32. was called Maxima, Suet. Jul. 83. i} Tsm^eim^n^ Dio. liv. 24. 
Afler thirty years' service they might leave the temple and marry ; 
which, however, was seldom done, and always reckoned ominous, 
Dionys. ii. 67. 

The office of the Vestal Virgins was, — 1. to keep the sacred fire 
always burning, Fior. i. 2. Custodiunto idnem foci porlici sem- 
piTERNUM, Cic. legff. ii. 8. whence ^temtsque Vesta oblitus^ Horat. 
Od. iii. 5. 11. watching it in the night-time alternately, Liv. xxviiL 
31 ; and whoever allowed it to go out was scoui^d, {flagris azde^ 
batur) by the Pontiftx M. Valer. Max. i. I. 6. Dionys. ii. 67. {nuda 
quidem^ sed obscuro loco et velo medio int'erposito,) Plutarch. Num. />. 
,67. or by his order, Liv. xxviii. 11. This accident was always es- 
teemed unlucky, and expiated by offering extraordinary sacrifices 
{hosiiis majoribus procurari,) ibid. The fire was lighted up again, 
not from another fire, but from the rays of the sun^ Plutarch, ibid. 
in which manner it was renewed every year on the Ist of March; 
that day being anciently the beginning of the year, Macrob. Sat. L 
12. Ovid. Fast. iii. 143. ^. to keep the secret pledge of the em- 
pire, fJv. xxvi. 27. V. 52. supposed to have been the Palladium, 
Lucan. ix. 994. or the Penates of the Roman people, Tacit. Ann. 
XV. 41. Dionys. ii. 66. called by Dio «"* Jsjwt : kept in the innermost 
recess of the temple, visible only to the virgins, or rather to the Vts* 
talis Maxima'Blone ; Lucan. ibid. & i. 698. Herodian. i. 14. some- 
timfes removed from the temple of Vesta by the virgins, when tu- 
mult and slaughter prevailed in the city, Dto. xlii. 31 ; or in case of 
fire ; lib. 24. It was rescued by Metellus the Pontifex M. when the 
temple was in flames, A. U. 512. Liv. Ep. xix. Dionys. ii.66. Ovid. 
Fast. vi. 437. &c. at the hazard of his life, and whh the k>88 of his 
sight, P/tVi. vii. 43. and consequently his priesthood, Senec. contr. 
IV. 2 : for which a statue was erected to him in the Capitol, Dionys. 
ii. 66. and other honours conferred on him, see p. 25.—: — And 3. 
to perform constantly the sacred rites of I he goddess, S^n^c. deprov. 
5. Their prayers and vows were alwavs thought to have great in- 
fluence with the gods, Cic. Font. 17. ^Dio. xlviii. 19. Horat. Od. I 
2. 28. In tl eir u'evotions, they wr)rshipped the god Fasdnus, to 
guard them from envy, Piin. xxviii. 4. s. 7. 
The Vestal Virgins wore a long wlute robe, borden^d with purple : 



MINISTERS OF REUGION. 269 

their heads were decorated with fillets, (tn/iite, cifij*«Ta, Dionys. li. 
67. viii. 89.) and ribands, (ri/za,) Ovid. Fast. Hi. 30. hence the 
Fesialis Maxima is called ViiTata, saceruos, Lucan. i. 597. and 
simply ViTTATA, Juvettnl. iv. 10. their head dress, supfibulun, 
FeslWf is described by Prudentius, contra Symmach. ii. 1093. When 
first chosen, their hair was cut ofT,. and buried ander an old lotos or 
lote-tree in the city, Plin. xvi. 44. s. 85. but it was afterwards al- 
lowed to grow. 

The Vestal Virgins enjoyed singular honours and privileges. The 
praetors and consuls when tliey met them in the street, lowered their 
fasces, and went out of the way to show them respect, Sen, conir. vi. 
8. They had a lictor to attend them in public, at least after the time 
of the triumvirate, Dio. xlvii. 19. Senec. conir. i. 3. Plutarch saya 
always, in J{uma. They n)de in a chariot, {carpento, v, jnltnio^) 
Tacit. Annal. zii. 42. sat in a distincuisbed place at the spectacles, 
Id. iv. 16. Sutt. Aug. 44. were not forced to swear, Gtll. x. 15. un- 
less they inclined. Tacit. Annai. ii. 34. and by none other but Ves- 
ta, SeneC' ibid. They might make their testament, ahhough under 
age : for they were not subject to the power of a parent or ffuardian, 
as other women, Gell. ibid. They could free a criminal irom pun- 
ishment, if they met him accidentally, Plutarch, in Mima ; and their 
interposition was always greatly respected, Cic. Font. 17. Agr. ii. 
36. Tact*. Annal. xi. 32. Suet. Jul. I. Tib. 2. Fit. 16. Tacit. Hist. 
iii. 81. They had a salary from the public, Liv. i. 20. Sutt. Aug. 
31. They were held in such veneration, that testaments and the 
most important deeds were committed to their care. Suet. Jul. 83. 
Aug, 102. Tacit. Annal. i. 8. Dio. xlviii. 12. 37. 46. Tacit. Annal. iv. 
16. and they enjoyed all the privileges of matrons who had three 
children, Dio. Ivi. 10. 

When the Vestal Virgins were forced through indisposition to 
leave the Atrioh Vicstje, probably a house adjoining to tne temple, 
and to the palace of Numa, Regia parva Nuhs ; if not a part of it, 
Ovid. Trint. iil 1. 30. Fast. vi. 263. where the vimns lived, they 
were intrusted to the care of some venerable matron, rlin. Ep. vii. 19. 

If any Vestal violated her vow of chastity, after being tried and 
sentenced by the Pontifices^ she was buried alive with funeral solem- 
nities, in a place called the cami'us sceleratus, near the Porta Co- 
lina^ and her paramour scourged to death in the Forum ; which 
method of punishmerjf fs said to have been first contrived by Tar- 
quinius Priscus, Dionys. iii. 67. The commission of this crime was 
thought to forebode some dreadful calamity to the state, and there- 
fore wa3 always expiated by extraordinary sacrifices, Liv. viii. 15, 
?Liv. xxii. hi. Ixiii. Dionys^ i. 78. ii. 67. viii. 89. ix. 40. Dio. fragnu 
91. 92. Plulnrch : Q. Rom. 83- A scon, in Mil. 12. Suet. Own. 8. 
Plin.Ep.\v. II. Juvenal, iv.. 10. The suspected virtue of some 
virgins is said to have been miraculously cleared, Valer. Max. viiL 
1. 5. Liv. xxix. 14. Plin. vii. 35. 

These were the principal divisions of the Roman priests. Concern- 
iiig their emolumentSi the classics leave us very ouch in thd dark ; a^ 



270 ROMAN ANTIQUITIES. 

they also do with respect to those of the magistrates. When Ro* 
mulua first divided the Roman territor}% he set apart what was suffi- 
cient for the performance of the sacred rights, and for the support 
of temples, Diovys, ii. 7. 80 Livy informs us, that Numa, who in« 
stituted the greatest number of priests and sacrifices, provided a 
fund for defraying these expenses, (unde in eos sumptus pecHtna era* 
gareiur^) i. 20. but appointed a public stipend {siipendium de. publico 
ftatuit,) to none but the Vestal Virgins, ibid. Dionysius, speaking 
of Romulus, says, that while other nations were negligent about the 
choice of their priests, some exposing that office to sale, and others 
determining it by lot ; Romulus macle a law that two men, above 
fifty, of distinguished rank and virtue, without bodily defect, and 
possessed of a competent fortune, should be chosen fnom each curia^ 
to officiate as priests in that curia or parish for life : being exempt- 
ed by age from military service, and by law from'^he troublesome 
business of the city, ii. 21. There is no mention of any annual sa- 
lary. In after ages the priests claimed an immunity from taxes, 
which the Ponlijices and augurs for several years did not pay. At 
last, however, the quaestors, wanting money for public exigencies, 
forced them, after appealing in vain to the tribunes, to pay up their 
arrears, {annorum, per quos non dederant^ stipendium 'txachwt <#<,) 
Liv. xxxiii. 42. s. 44. Augustus increased both the dignity and emo* 
luroents (c:ommoda) of the priests; particularly of the Vestal Vir- 
gins, Suet. Aug. 31. as he likewise first fixed the salaries of the pn>- 
vmcial magistrates ; Dw. lii. 23. 25. liii. i^. whence we read of a 
sum of money (salariun) being given to those who were disap* 
pointed of a province, Id. 78. 22. xliii. 4. Ixxviii. 22. Tacit. Agric. 
42. But we read of no fixed salary for the priests ; as for the teach- 
ers of the liberal arts. Suet. Vesp. 18. Difrest. and for others, Suet. 7i6. 
46. J^er. 10. When Theodosius the Great abolished the heathen wor- 
ship at Rome, Zosimus mentions only his refusing to grant the public 
money for sacrifices, and expelling the priests of ooth sexes from the 
temples, v. 38. It is certain, however, that sufficient provision was 
made, in whatever manner, for the maintenance of those who devoted 
themselves wholly to sacred functions. Honour, perhaps, was the chief 
reward of the dignified priests, who attended only occasionally, and 
whose rank and fortune raised them above desiring any pecuniary 
gratification. There is a passage in the life of Aurelian by Vopis* 
cus, c. 15. which some apply to this subject 4 although^it seems to 
be restricted to the priests of a particular temple : P.onHfices robot* 
axit sc. Aurelianus^ i. e. he endowed the chief priests with salaries; 
decrevit eliam emolumenta ministris, and granted certain emoluments 
to thoir servants, the inferior priests, who take care of the temples. 
The priests are by later writers sometimes divided into three class- 
es, the antistites or chief priests, the sacer dotes or ordinary priests, 
' and the mimslri or meanest priests, whom Manilius calls auctoraios 
in teriiu jura minislros. v. 350. but they are distributed for the 
most part only into two classes, the Pontifices or SacerdoteSj and 
the Minist'ri ; as in Vopiscus ; So in leg. 14. Cod. Theodos. de po- 
gan. »acr/. et templis. 



SACRED RITES- 271 

SERVAjn^ofiht PRIESTS. 

The priests who had children, employed them to assist in per- 
forming sacred rites : but those who had no children procuied free- 
bom boys and girls to serve them, the biys to the age of puberty, 
and the girls till they were married. These were called Camilli 
and Camilla^ Dionys. ii. 24. 

Those who took care of the temples were called JEditvu or JEdi- 
iwmni; Gell. xii. 6. those who brought the victims* to the altar and 
slew them, Popjb ; Vicdmarli and Cultrarii ; to whom, in particular, 
the name of M INISTRI was properlv applied, Oxul. Fast. i. 319. 
iv. 637. Met. ii. 71,7. Virg. G. iii. 488.* Juvenal, xii. 14- The boyS 
who assisted the Flamines in sacred rites were called Flahinii ; and 
the girls, Flaminije, Festns. There were various kinds of musi- 
cians, TlbiciruB^ Tubicines, Ftdicines, &c. Liv. ix. 30. 

III. The PLACES and RITES of SACRED THINGS. 

The places dedicated to the worship of the gods were called tern- 

ties, Teh PL A, (Jaua^ deluhra. sacraria, ades sacra,) and consecrated 
y the augurs: hence cMed Aij^^usta. A temple built by Agrippa 
in the time of Augustus, and dedicated to all the gods, was called 
Panthion, Dio. liii. 27. 

A small temple or chapel was called Sacellum or Mdicula. A 
wood or thicket of trees consecrated to religious worship, was call- 
ed Luais^k grove, P/in. xii. 6. Plaiit. Amph.v. 1.42. The gods 
were supposed to frequent woods and fountains ; hence Esse locis 
superos testalur siva, Lucah. ix. 522. 

The worship of the gods consisted chiefly in prayers, vows, and 
Bacrifices. 

No act of religious worship was performed without prayer. The 
words used were thought of the greatest importance, and varied 
Hccording to the nature of the sacrifice, Faler. Max. i. L Hence 
the supposed force of charms and incantations, {verba et incantct' 
menta carminum,) Plin. xxviii. 2. Horat. Ep. i. 1. 34. When in 
doubt about the name of any god« lest they should mistake, they 
used to say, Quisquis es, Plant. Rud. i. 4. 37.. f^irg. Mn. iv. 577. 
Whatever occurred to a person in doubt what to say, was supposed 
to be suggested by some divinity, Plant. Most. iii. 1. 137. ApuUi^ 
de deo Socratis. In the day-time, the godd were thodght to remain 
for the most part in heaven, but to go up and down the earth during 
the night, to observe the actions of men. Plant. Rud. Prol. 8. The 
stars were supposed to do the contrary, ibid. 

Those who prayed stood usually with, their heads covered, (cO' 
file velato vel operto,) looking towards the east ; a priest pronounced 
the words before them, (rer^a praibat ;) they frequently touched the 
altars or th^ knees of the images of the gods ; turning themselves 
round in a circle, {ingyrnm $e convertebant^) Liv. v. 21. towards the 
right, Plavi. Cure. i. I, 70. sometimes put their right hand to their 
mouth, {dextram ori udmovebant ; whence adoratio^) and also pros- 
trated themselves on the ground, {procwnb^bant aris advotutu) 



272 ROMAN ANTIQUITIES. 

The ancient Romans used with the same solemnity to offer up 
vows, (VOVERE, totafacere^ smdperf^ conciperr^ nunrvpare, &c,) 
They vowed temples, games, thence called Ludi votiri^ sacrifices, 
gifts, a certain part of the plunder of a city. &c. Also what was call- 
ed VER SACKUM, that is, all the cattle which were produced from 
the first of March to the end of April, Liv. xxii. 9. 10. xxxiv. 44. In 
this vow among the Samnitcs, men were included, Festus in Ma- 

HERIINl. 

Sometimes they used to write their vows on paper or waxen ta- 
blets, to seal them up, {obsignare,) and fasten them with wax to the 
jcnees of the images of the gods ; that being supposed to be the seat 
of mercv ; Hence Genva inctrare deorunu Juvenal, x. 5.5. 

When the things for which they offered up vows were granted, the 
vows were said valere, esse rata, &c but if not, cadcre esse irrita, &c. 

The personwhomade vowjs was sBid, esse voli reus ; and when he 
obtained his wish, {voii compos^ rati damualns^ bound to make good 
his vow, till he performed it, MatroL Sat. iii. 2. vel voio, Virg. Eel. 
V. 80. Hence damnahis tu quoqve votis, i. e. ohligulis ad vota soU 
venda^ shall bind men to perform their vows by granting what they 
prayed for, yirg. ibid, reddere vel solvere "0010, to perform. Pars 
pradiB debila, I jv. debiti vel meriti honores^ merita dona, &c. A 
vowed feast {epnlum volivum) was called Poli.uctum, Plant, Rud, 
V. 3. 63. from pollucere, to consecrate, Id. Sfich, u 3. 80. hence 
pallucibiliter canare, to feast sumptuously. Id. Mast. i. I. 23. Those 
who implored the aid of the gods, used to lie (iucubare) in their 
temples, as if to receive* from them responses in their sleep, Serv, 
in Virg. vii. 88. Cic. divin. i. 43. The sick in particular did so in 
the temple of iEsculapius, Plant. Cure. i. 1. 61. ii. 3. 10. &c. 

Those saved from shipwreck used to hang up their clothes in the 
temple of Neptune, with a picture {tabula votiva) representing the 
circumsti^nces of their danger and escape, Virg. xii. 768. Horat^ 
Qd. i. 5. Cic. J^at. D. iii. 37. So soldiers, when discharged, used 
to suspend their arms to Mars, gladiators their swords to Hercules, 
Horat. Ep. i. I. 4. and poets, when they finished a work, the fillets 
of their hair to Apollo, Stat. Sylv. iv. 4. 92. A person who had suf- 
fered shipwreck used sometimes to support himself by begging^, and 
for the sake of moving compassion, to show a picture of his misfor* 
tunes, Juvenal^ xiv. 301. phadr. iv. 21. 24. 

Augustus, having lost a number of his ships in a storm, expressed 
his resentment against Neptune, by ordering that his image should 
not be carried in procession, with those of the other gods, at the 
next solemnity of the Circensian games. Suet. Aug. 16. 

Thanksgivings {gratiarum actiones) used always to be made to the 
gods for benefits received, and upon all fortunate events. It was, 
however, believed that the gods, after remarkable success, used to 
send on men, by the agency of Nemesis, {ULTRitfacinorum tmpi- 
ortim, bonorumque prjemiatrix, Marcellin. xiv, II.) a reverse of 
fortune, Liv. xiv. 41. To avoid which, as it is thought, Augustus 
in consequence of a dream, every year, on a certain day, be^ed an 
alms of the people, holding out his hand to such as offered him, (co* ' 



SACRED RITES. 278 

vam manrnn oists porngenHbus pmbtnSf) Suet Aug. 91. Dio. Uv. 

When a general had obtained a signal victory, a thanksgiving 
(8UPPLICAT10 vel supplkium) was decreed by the senate to be 
made in all the temples ; Lxv, iii. 63. and what was called a LECTIS- 
TERNIUM, when couches were spread [lecii vel pnhinaria Uernt" 
hantur;) for the gods, as if about to feast ; and their images taken down 
from their pedestals, and placed upon these couches around the altars, 
which were loaded with the richest dishes. Hence, Ad omnia pulvina^ 
ria sacrificatwn^ Li v. zxii. 1. svpplicalio decrela est, Cic. Cat. iii. 10. 
This honour was decreed to Cicero for having suppressed the con- 
spiracy of Catiline, which he often boasts had never been conferred 
on any other person, without laying aside his robe of peace, {togatuaj) 
Dia xxxviL3& Cic Pis. 3. Cat iiu 6. & 10. The author of the de- 
cree was L. Cotta, Cic. Phil. ii. 6. xiv. 8. A supplication was also 
decreed in times of danger, or public distress ; when the women 
prostrating themselves on the ground, sometimes swept the temples 
with their hair, Liv. iii. 7. The Lectistemium was first introduced 
in the time of a pestilence, A. U. 356. Liv, v. 13. 

It vms requisite that those who offered sacrifices should come 
chaste and pure ; that they should bathe themselves ; be dressed in 
white robes, and crowned with the leaves of that tree, which was 
thought most acceptable to the god whom they worshipped. Some- 
times also they put on the garb of suppliants, with dishevelled hair, 
kx>se robes, and barefooted. Vows and prayers were always made 
before the sacrifice. * 

It was necessary that the animals to be sacrificed {hosiia vel vie- 
tinuBf Ovid. Fast. i. 335.) should be without spot and blemish, (de^ 
cam et integra vel intactm^ never yoked in the plough,) t&u/. i. 83. 
and therefore they were chosen from a flock or hei^, approved by 
the priests, and marked with chalk, Juvenal, x. 66. whence they 
were called, egregim eximi(B, lecla. They were adorned with fillets 
and ribbands, (infutis et viltis^) Liv. ii. 54. and crowns ; and their 
horns were gilt 

The victim was led to the altar by the Popes, with their clothes 
tucked up and naked to the waist, (qui auccincti erant el ad ilia ntuU^ 
Suet Calig. 32.) the animal was led by a slack rope, that it might 
not seem to be brought by force, which was reckoned a bad omen. 
For the same reason it was allowed to stand loose before the altar ; 
and it was a very bad omen if it fled away. 

Then after silence was ordered, Civ. divin. I 45. (See p. 154. a 
salted^ cake, mola salsa, vel fruges salsa, Yirg. iEn. ii. 133. Far ei 
mica saliSf Ovid. & Herat i. e. Far tostinn, comnUnulwn, et sale mis' 
twn^ bran or meal mixed with salt,) was sprinkled (inspergebatur) on 
the head of the beast, and frankincense and wine poured between 
its horns, the priest having first tasted the wine himself and given it 
to be tasted by those that stood next him, which was called LIBA-^ 
TIO, Serv. in Virg. Mn. iv. 57. &c. and thus the victim was said 
€s$it maciOf i. e. magis aucta : Hence immolare et mactart^ to sacri- 

35 



274 ROMAN ANnQVITI£& 

iice ; for the Romans carefully avoided words of a bad omen, m 
cadtre^ jugulnre^ &c. The priest plucked the highest hairs betweeo 
the horns, and threw them into the fire ; which was called Libahina 
piiiMA, VirfT, JEn. vi. 246. 

The victim was struck by the adtrarius^ with an axe or a mMf 
{malleo,) Sucl. Calig. 32 by the order of the priest, whom he asked 
thus. Agone ? Olid. Fast. i. 323. and the priest answered, Hoc 
AGE ; Suet. CaHg. 58. Then it was stabbed (jugulabaiur) with 
knives ; and the blood being caught (exceptus) in goblets, was pour- 
ed on the altar. It was then flayed and dissected. Sometinoes it 
was all burnt, and called HoLdCAUSTUM, (ex Ik^ ioias^ ei nmu uro^) 
Viif. vi. 25. but usually only a part; what remained was di- 
vided between the priest and the person who offered the sacrifice 
{f/ui sacra v. sacrificium rACi^BAT, v. sacris oPKftARATua, Virg, G. 
1. 393. Tacit. Annai. ii. 14.) The person who cut up the animal, 
and divided it into different parts, was said pr^teart txia^ Liv, v. 
21. Plaut. Poen. ii. 1. 8. and the entrails thus divided were called 
PROsiciiB or Prosecta, Otid. Fast. vi. 163. These rites were 
common to the Romans with the Greeks ; whence Dionysius Goo- 
eludes the Romans were of Greek extraction, vii, 72. 

Then the aruspices inspected the entrails, {exia conguhbani,) Tiig: 
iv. 64. And if the signs were favourable (n exia bona etient^) 
they were said to have offered up an acceptable sacrifice, or to have 
pacified the gods, {diis lildsse ;) if not, {si exta non bona vel prava ei 
trislia essentj) another victim was offered up, {sacrijittum insiaur^ 
batnr^ vel victima succedauea maciabattiv^) and sometimes several, 
Gc. de divin. ii. 36. 38. Suet. Cas. 81. Liv. xxv. 16. Serv. in Virg. 
iv. 50. V. 94. 

The liver was the part chiefly inspected, and supposed to sive the 
most certain presages of futurity ; hence termed CAPUT £XTO- 
RUM, Plin. xi. 37. s. 73. It was divided into two parts, called 
pars FAUIUARI9, and pars hostilis vel inimici. From the former, 
they conjectured what was to happen to themselves ; and from the 
latter, what was to happen to an encmv. Each of these parts bad 
what was called CAPUT, Liv. viii. 9. Cic. divin. ii. 12. Ijucan. i. 
621. which seems to have been a protuberance at the entrance of 
the blood-vessels and nerves, which the ancients distinguished by 
the name of fibres ; thus, In im& JibrA^ Suet. Aug. 9& Ecce vtdel 
capiti fibrarum increscere molem Jlllerim capitis^ Lucan. i. 697. En 
capita paribus bina consurgunt toris^ Senec (Edip 356. CaptU jed* 
noris ditplex, Valer. Max. i. 6. 9. i. e. two lobes, one on each side 
of the fissure or cavity, commonly called Porta, v. -la, Cic. Nat D. 
ii. 55. which Livy calls auctum injecinore^ xxvii. 26. s. 38. A liver 
without this protuberance, (jecur sine capiie;^ or cut off (eapuijeei^ 
noris cas^tm^) was reckoned a very bad omen ; {nihil trhiivst) Cic 
divin. i. SSI. ii. 13. & 16. lAv. viii. 9. or when the heart of tbe vio 
tim could not be found ; for althocigh it was knowQ thai an animal 
could not live without the heart, Cic. divin. il 16. yet it was believ- 
^ sometimes to be wanting ; as happened to Cassar, a little befort 
nis death, while he was sacrificing, on that day oo wUdi he first 



SACRED RITES. 375 

mpeaied im his golden chair and purple robe, ibid, u 52. Valer. 
Mas. i. 6. 13. whereupon the Haruspex Spurinna warned him to 
beware of the ides of March, ti^ict. tt Smt. Jul. 81. The principal 
fissure or division of the liver, (Jissum jecoris familiare et viiale^) 
was likewise particularly attended to, Civ. Mai. D. iii. 6. Divin. \. 
lOi ii. 13. 14. as also its fibres or parts, and those of the lungs, ibid. 
4r Virg. G. I 484. JEn. iv. 6. x. 176. 

After the Haruapices had inspected the entrails, the parts which 
fell to the gods, were sprinkled with meal, wine, and frankincense, 
and burnt {^olebaniur vel crtmabaniur) on the altar. The entrails 
were said, Dii& dari^ reddi^ et porrici^ {quasi pomgi^ vel porrojaci^) 
when they were placed on the altars, (cum aris yeljlammis impone* 
reitltir,) Virg. ^n. vL 252. xii. 214. or when, in sacrificing to the 
Dii Marini^ they were thrown into the sea, ibid. v. 774. Hence, if 
any thing unluckily fell out. to prevent a person from doing what he 
had resolved on, or the like, it was said to happen inter casa (sc. 
<xta) tiporrtcia^ between the time of killing the victim and burning 
the entrails, u e. between the time of forming the resolution and ex- 
ecuting it, Cic. Ali. V. 16.* 

When the sacrifice was finished, the priest, having washed his 
hands and uttered certain prayers, again made a libation, and then 
tfaepeople were dismissed in a set form of words; Imckt, or ire lUeU 

After the sacrifice followed a feast, {Epulos i&acrifivaUa^) which in 
public sacrifices, was sumptuously prepared by the Se.ptemviri Epu» 
lanes. In private sacrifices, the persons who offered them, feust- 
ed on the parts which fell to them, with their friends ; sacra luUre 
mam (partem) ; pars eat data ceUra tnensis^ Ov. Met. 12. 154. 
' On certain solemn occasions, especially at funerals, a distribu- 
tion of raw flesh used to be made to the people, called Viscera i lo, 
Jjiv. viii. 22. xxxix. 5a xli. 28. Cic. Off. ii. 16. Suet. Cces. 38. 
For viscera signifies not only the intestines, but whatever is un- 
der the hide : particularly the flesh between the bones and the skin, 
Bsrv. in Virg. JEn. i. 211. iii. 622. vL 253. Suet. Viiell. 13. 

The sacrifices ofiered to the celestial gods, differed from those of- 
fered to the infernal deities in several particulars. 

The victims sacrificed to the former were white, brought chiefly 
from the river Clitumnus,t Juvenal, xii. 13. Virg. Georg. ii. 146. in 
the country of the Fulisci, Ovid. Pant. iv. 8. 41. their neck was bent 
upwards, {suraum refieciebatur^) the knife was applied from above, 
iimpontbatur^) and the blood was sprinkled on the altar, or caught 
in cops : The victims oflei'ed to the infernal gods were black ; they 
were killed with their faces bent downwards (prouas) ; the knife was 
iqpplied from below, (su/jponebatur,) and the blood wa» poured into 
a ditch. 

Those who sacrificed to the celestial gods, were clothed in white, 
bathed the whole body, made libations by heaving the liquor out of 

* Th« proverb, analogous to this in English, is expressed thus: be/ueen tfie cup 
ttnd Uu /^.— Ed. 

f It appears, from Mrs. Piozzi^s toivefs, that tbo cattle and even birds on this river 
^ sUU idUCa. CUittmniu is a rivar to Umbria. 



976 ROMAN ANTIQUITIES. 

the cup, (fvndendo mann supina,) and prayed with the palms of the'T 
hands raised to heaven : Those who sacrificed to the infernal gods 
were clothed in black ; only sprinkled their body with water, made 
libations by turning the hand, (invkrg£\'do» ita ui tnanu in «fnif* 
tram partem vtrsa patera converteretur^) and threw the cup into the 
fire ; Serv, in yirg, Aln, vi. 244. prayed with their palms turned 
downwards* and striking the ground with their feet« Cic. Tu$c, Q. 
ii. 25. 

Sacrifices were of different kinds; some were stated (atata et mo* 
lemnin)^ others occasional, {fortwta et ex accidenti nata^) as, those 
called exfdatory^ for averting bad omens, {ad portenta vel prodigia 
proairanda, expimida tt avertenda vel averruncandOt) making atone* 
ment for a crime, (SAcniriutA pucularia, ad crimen expiandum^) 
and the like. 

Human sacrifices were also oflTered among the Romans. — ^By an 
ancient law of Romulus, which Dionysius calls, vofM^ ^(tSo^me^ Lex 
proditionis^ ii. 10. persons guilty of certain crimes, as treachery or 
sedition, were devoted to Pluto and the infernal gods, and therefore 
any one might slay them with impunity. In after times, a commit 
dictator, or pnetor, might devote not only himself, but any on^ of 
the leffion, (ex legione Romano^ called Seripta^ because perhaps 
the smdiers not included in the legion, the Felitte^ Subitarn^ 
7\imu//iiarti, &c. were excepted,) and slay him as an expiatory vie* 
tim, ( piaculumf i. e. in piaculum^ hottiam ctndtre^) Liv. viii. lOl* In 
the first ages of the republic human sacrifices seem to have been o& 
fered annually, Macroh. SaL i. 7. and it was not till the year of the 
city 657, that a decree of the senate was made to prohibit it ; ne ho* 
mo immolareiur^ Plin. xxx. L s. 3. Mankind, says Pliny, are under 
inexpressible obligations to the Romans for abolishing so horrid a 
practice, (7m sualtdere monstra^ in ouibus hominem ocridtrt religio 
siseimvm erat^ mandi vero etiam satuoerrimum.) Ibid. We read how- 
ever of two men who were slain as victims with the usual solemni- 
ties in the Campus Mnrlim by the Pontifices and Flamen of Mars, as 
late as the time of Julius Cesar, A. U. 708. Dio. xliii. 24. Whence 
it is supposed that the decree of the senate mentioned by Pliny re- 
spected only private and magical sacred rites, as those alludeq to, 
iiorat. Epod, 5. Augustus, after he had compelled L. Antonius to 
a surrender at Perusia, ordered 400 senators and tquites^ who had 
sided with Antony, to be sacrificed as victims at the altar of Julius 
Caesar, on the ides of March, A. U. 713. Dio. xlviii. 14. Suetonius 
makes them only 3(M^ ^lug, 15. To this savage action Seneca 
alludes, </e Clem. i. 11. In like mannner, Sex. Potnpeius threw into 
the sea not only horses, but also men alive, as victims to Neptune, 
DiVi. xlviii. 48. Boys used to be cruelly put to death, even in the 
time of Cicero and Horace for magical purposes, Ctc. Vai. 14 Ho* 
raL Epod, 5. 

A place reared for offering sacrifices was called Ara or Alt are, 

• The ChristiJin rf>Hgion, whsiw^oever ditteminiited, bus brought the prscticeof 
rtmS*." u***!?'?* \^^P I"**" ^'•^•'•'••Jon. The ooe itcriflce opoo the Om bat sbo- 



SACRED WTES. 277 

«B Ultar: Altaria {ab ahitudme) tmitum diut superis consec'ahan* 
tur; AiiJB tt diis tupttris rt r/)/m«, Serv. in Virg. EcK v. 66 JEiu 
ii 515. In the phrase, Pro aris et focis^ ara is put for the al ar in 
the implwomm or middle of the house, where the Penatet were wor> 
riiipped ; and ro<:us, for the hearth in the aiivtm or hall, where the 
Lotr^s were worshipped, Ctc. Dom. 40. 41. Ihjot, 3. StxU 4tL PhU. 
iL 30. SallusL Cat. 52. A secret place in the temple, where none 
but the priests entered, was called adttum, Cits. B. "C. iii. 105. uni- 
versally revered, Pausan. x. 32. 

Altars used to be covered with leaves ond grass, called veaiiBitAy 
t. f. herba sacra, Serv. VWft, JKn. xii. 120. EcL viii. 65. DonaU Ter. 
iv. 4. 5. Horat Od. iv. 11. 7. adorned with flowers, Ovid. Trist. i:i« 
la 15. Stat. Theh. 8. 298. Sil. 16. 309. and bound with woollen fil- 
lets, Prop. iv. 6. 6. yirg. .SEn. iv. 459>. therefore called tuxa torqwSf 
i e. carona^ Id. G. iv. 276. 

* Altars and temples afibrded an .i^ylum or place of refuge among 
the Greeks and Romans, Ntp. Paus. 4. Cic. Jsat. D. iii. 10. Q. Ro$c. 
2. Ovid. TrisL v. 2. 43. as among the Jews, 1 Kings^ i. 50. chiefly 
to slaves from the cruelty of their master, Tertnt. Heard, v. 2. 22. 
Plaut. Rud. iii. 4. 18. Most. v. i. 45. to insolvent debtors and crinu* 
nals. Tacit. Annal. iii. 64). where it was reckoned impious to toudi 
them, Cic. Tusc. i. 35. Virg. Mn. i. 349. ii. 513. 550. and whence 
it was unlawful to drag them, Cic. Dom. 41. but sometimes they put 
fire and combustible materials around the place, that the persons 
might appear to be forced away, not by men, but by a god, (Vulcan,) 
Phut. Most. V. i« 65. or shut up the temple and unroofed it, {tsctum 
sunt demoliti^) that he might perish under the open air, Jfep. Pom. 
5. p. 63. hence ara is put for rtfugtum^ Ovid. Trist iv. 5. 2. 

The Triumviri consecrated a chapel to Caesar in the foruntf on 
the place where he was burnt ; and ordained that no person who 

* Not only nltarft and tempU^ bat tombs, statues, and other inoniiinants of consi* 

derable fiersonases. were A*^ in ancient times. Thus the temple of DimM at 
Eph«*siis WHS as a refuj^e for dtrhtors, and ttie tnmb of Thtmu for 8lavfl>s. The cities 
of f^i^f^t the ti*mple, and the altar of burnt ofTfrings, were A»yla among the Jews. 

Tlie cities of 1%e6eiand Athem, as well as Rome, were originally peopled by b^ 
ine declared Asyta. 

Ljyoiuand yienne amonf: the ancient GomU were places of refuge, and some cities 
in OtT'ttAitjf are said still to preserve the ancient right of Atytmn. Hence the me- 
dals of sevi*ral ancient eitii*s, particularly in ^.yria, had the inscription ASTAOI, to 
which is added IKPAI ; whicli, according to j^MnAeim, referred to their temples, and 
the gods revered in them. 

In London, the t'ergt; of the Couttt which formerly extended twelve miles, and 
HtUpood AoMie in Edinbnrgh. are considered as places of exemption from arrest for 
debt in certain cases to this day. 

The Emiiertin- Honorius and Theodosios, having made ehurrhn Asyla, the 
bishops and monies laid hold of a certain iract or territoiv, without which they fixed 
the bounds of iIhs secular jurisdiction. Convents accordingly, in a short time b^ 
came next alcin to fortresses; where the most atrocious villains were in safety, and 
braved the poiver of the magistrate. 

These privileges were at length extended to the bishops* houses, whence the crimi- 
nal c«Hiid not tM removed without a legal assurance of life, and an entire remissioa 
of the crime. 

The sanctuaries were at length siripl of their immunities, becanse they onlv served 
as aa eBCoaragement to guilt, and are now every where almost entirely abofbhed. 

9sA Ein^ BnS. msOfmnp, M'Esssk, 



978 ROMAN ANTIQUITIES. 

fled thither for sanctuary should be taken thence to punisfanient ; a 
th ng which, says Dio» had been granted to no one before, not even 
to a divinity ; except the asylum of Romulus, which remained onljr 
in name, being so blocked up, that no one could enter it« Dio. xlvik 
19. But the shrine of Julius was not always esteemed inviolable ; 
the son of Antony was slain by Augustus, although he fled to it, SmtL 
Aug. 17. 

There were various vessels and instruments used in sacrifices ; aa 
acerra vel IkurihtUitm, a censer for burning incense ; nmjnJvm vel 
simpwrium^ guUum^ capis^ -i(fx>, patera^ cups used in libations, oUo, 
pots ; tripodeg, tripods ; secures vel inpennes^ axes ; mliri vel secespi* 
tJSf knives, &c. But these will be better understood by representa* 
tion than description. 

« 

The ROMAK YEAR. 

RoMULCs is said to have divided the year into ten months; the 
first of which was called Martius^ March, from Mars bis supposed 
fiUher ; Ovid. Fast. iii. 75. & 98. the second Aprilis^ either fitrni the 
Greek name of Venus, (A^fodim,) Ovid. Fast. i. 39. Horat. Od. iv. 
11. or because then trees and flowers open (se aperiunt,) their bods^ 
Plutarch, in Numa^ Ovid. Fast. iv. 87. the third, Maius^ May, from 
Maiaf the mother of Mercury, or in honour of the old, (mtijorumt) 
Ovid. Fast. v. 427 ; and the fourth* Junius^ June, from the goddess 
Jtiito, or in honour of the young, {juniorum.) The rest was named 
from their number, QuintUis^ SextiliSf September^ October^ Mnem^ 
Aer, December^ ibid. i. 41. QmntiHs was afterwards called Julius^ 
from Julius Caesar, and Sextilis Augiistus^ from Augustus Cssar ; be* 
cause in it he had first been made consul, and had obtained remariL* 
able victories, Swt. 31. Dio. I v. 6 : in particular he had become 
roaster of Alexandria in Egypt, A. U. 724, and fifteen years after 
{lustra trrtio) on the sauic day, probably the 29lh of August, had 
vanquished the Rhaeti, by means of Tiberius, Horat. Od. iv. 14, 34. 
Other emperors |[ave their names to particular months, but these 
were foi^tten after their death, ShH. Domit. 13. Plin. Pan. 54. 

Numa added two months, called Januarius, from Janus ^ and 
Februarius^ because then the people were purified {februabatur^ i. e. 
purgabatur vel lustrabatur^) by an expiatory sacrifice (Februalia) 
from the sins of the whole year ; for this anciently was the last month 
in the year, Cic. de Lfgg. \\. 21. Ovid, Fast. ii. 49. Tibull. iii. 1.2. 

Numa, in imitation of the Greeks, divided the year into twelve 
months, according to the course of the moon, consisting in all of 354 
days ; he added one day more, Plin. xxxiv. 7. to make the number 
odd, which was thought the more fortunate. But as 10 days, 5 
hours, 49 minutes, (or rather 48 minutes, 57 seconds,) were wanting 
to make the lunar year correspond to the course of the stm, he ap- 
pointed that every other year an extraordinary month, called Jtfm* 
sis Inierccdaris^ or Mercedonius^ should be inserted between the 23d 
and 24th day of February, Liv> i. 19. The intercalating of this 
month was left to the discretion {arbitrio) of the Pontijicts : who, by 
insortiog more or fewer days, used to make the current year logger 



ROMAN YEAR. 279 

er shorter, as was most conveoient for themselves or their frieids ; 
for instance, that a magistrate mi^ht sooner or later resign his office, 
or contractors for the revenue might have longer or shorter time to 
collect the taxes, Ctc. de legg. \u 13. Fam. vii. 3. 12. viii. 6. Mi. v, 
9. 13. vi. 1. Suet. Cos. 40. Dio. xl. 62. Cemorin. 20. Macroh. Sai. 
i. 13. In consequence of this license, the months were transposed 
from their stated seasons ; the winter months carried back into au* 
tumn, and the autumnal into summer, Ctc. An. x. 17. 

Julius Cssar, when he became master of the state, resolved to 
)>ut an end to this disorder, by abolishing the source of it, the use of 
the intercalations ; and for that purpose, A. U. 707. adjusted the 
year according to the course of the sun, and assigned to each month 
the number of days which they still contain. To make matters 
proceed regularly, from the Ist of the ensuing January, he inserted 
in the current year, besides the intercalary month of 23 days, which 
fell into it of course, two extraordinary months between November 
and December, the one of thirty-three, and the other of thirty-four 
days ; so that this year, which was called the last year of confwim^ 
consisted of sixteen months, or 445 days, Suet. Cas. 40. Plin. xviii. 
25. Maerob. Sat. i. 14. Censorin. de die Nai. 20. 

All this was effected by the care and skill of Sosigenes^ a cele- 
brated astronomer of Alexandria, whom Caesar had brought to Rome 
for that purpose ; and a new calendar was formed from his arrange* 
ment by Flavius, a scribe, digested according to the order of the 
Roman festivals, and the old manner of computing the days by ka- 
lends, nones, and ides ; which was published and authorized by the 
dictator's edict. 

This is the fiimous JULIAN or solar year, which continues in use 
to this day in all Christian countries, without any other variation 
than that of the old and new style ; which was occasioned by a regu- 
lation of Pope Gregory, A.D. 1582 ; who observing that the vernal 
equinox, which, at the time of the council of Nice, A. D. 32.5, had 
been on the 21st of March, then happened on the 10th, by the advice 
of astronomers, caused ten days to be entirely sunk and thrown out 
of the current year, between the 4th and 15th of October : and, to 
make the civil year for the future to agree with the real one, or with 
the annual revolutk)n of the earth round the sun ; or, as it was then 
ea^pressed, with the annual motion of the sun round the ecliptic, 
whi<^h is completed in 365 days, 5 hours, 49 minutes, nearly, ordain- 
ed that^eveiy 100th year should not be leap year ; excepting the 
4(K)th ; so that the difference will hardly amount to a day in 7000 
years, or, according to a more accurate computation of the length 
of the year, to a day in 5200 years. 

This alteration of the style was immediately adopted in all the 
Roman Catholic countries ; but not in Britain till tne year 175% 
when eleven days were dropt between the 2d and 14th September, 
oid^ that that month contained only nineteen days ; and theaoefortli 
the new style was adopted as it had been befoi^ in the other couii* 
tries. of Europe. The same year also, another alteration was made 
in fiog^andi that the 1^1 year, whidi before had begun the :if 



380 ROMAN ANTIQUITIES. 

March, should begin upon the first of January, which first took place 
Ist January, 1752. 

The Romans divided their months into three parts, by Kalends^ 
J>f<nu8t and Ide$. The first day was called KAI^END^ vel Caletu 
Ak (a ralando vel vocando^) Trom a priest calling out to the people 
that it was new moon ; the 5th day, NONiE, the nones ; the 13tb, 
IDUS, the tc(e5, from the obsolete verb iduare^ to divide ; because 
the ides nearly divided the month. The nones were so called, be- 
cause, countinff inclusively, they were nine days from the ides. 

In March, May, July, and October, ihe nones fell on the 7th, and 
the ides on the idth. The first day of the intercalary month was 
called CALBNDiB Intercalares, Cic. Quint. 25. of the former of 
those inserted by Caesar. Kal. intkrcalares priores, Ctr. Fam. 
vi« 14 — Intra septimas CaUndas^ in 7 montlis, HartiaL L 100. 6. 
Stxtus kalend<Bf i. e. Kalenda sexti mensis^ the first day of June, 
Ovid. Fast. vi. 181. 

Csesar was led to this method of regulating the year by observing 
the manner of computing time among the Egyptians ; who dirided 
the year into 12 months, each consisting of 30 days, and added 5 in- 
tercalary days at the end of the year, and every fourth year 6 days, 
Herodot. ii. 4. These supemumerarv days Caesar disposed of among 
those months which now consist of 31 days, and also the two days 
which he took from February ; having adjusted the year so exactly 
to the course of the sun, says Dio, that the insertion of one interca- 
lary dav in 1461 years would make up the diflerence, Dio. xliii. 261 
which, however, was found to be ten days less than the truth. An- 
other difierence between the Egyptian and Julian year was, that the 
former began with September, and the latter with January. 

The ancient Romans did not divide their time into weeks, as we 
do, in imitation of the Jews. The coiiptry people came to Rome 
every ninth day, (see p. 80.) whence these days were called Non- 
DiNA, quasi Novendinjc, having seven intermediate days for work- 
ing, Macrob. i. 16. but there seems to have been no word to denote 
this space of time. The time, indeed, between the promulgation 
and passing of a taw, was called Trinum nundinum, or Trinukdinom, 
Liv. iii. 35. Cic. Dom. 16. 17. Phil. v. 3. Fam. xvi. 12 ; but this 
might include from 17 to 30 days, according to the time when the 
table containing the business to be determined, {t(d>ula prcmulga* 
tionist) was hung up, and the Comitia were held. The classics ne- 
ver put nundinum by itself for a space of time. Under the late em- 
perors, indeed, it was used to denote the time that the consuls re- 
mained in ofiice, which then probably was two months, Lamprid. 
in Alex. Sever. 2iS. & 43. so that sometimes there were 12 consuls in 
one year ; hence ntmdinum is also put for the two consuls them- 
selves, {collegium consulvm^) Vopisc. Tac 9. 

The custom of dividing time into weeks, {hebdomAdes^ v. -ik vel 
septimonmt) was mtroduced under the emperors. Dio, who flourish- 
ed under Sevenis, says, it first took place a little before his Unie» 
being derived from the Egyptians ; and universally prevailed, xxxviL 
8L Thedaya of the week were named from the planets, as they 



ROMAN YEAR. 



1281 



tin are ; Diet SoliSf Sunday ; Lvna^ Monday ; Martisy Tuesday ; 
JUereurtij Wednesday ; Jovis, Thursday ; yenerisj Friday ; Satumif 
Saturday; ibicL 

The Komans, ia marking the days of the month, counted back- 
wards. Thus they called the last day of December Pridie Kalendat^ 
sc. antty or Pridie Kalendarum Januarii, marked shortly, Prid, KaL 
Jan. the day before that ; or the 30th December, Tertio Kal. Jan, 
oc die antey or ante die iertium KaU Jan, and so through the whole 
year; Thus, 



1. ' =-rr 1 

A TABLE of the Kalexds, Nokes, and Ides. | 


Ji 


Apr. June, 


Jan. Aug. 


March, May, 


• 


Is. 








Febniary. 


1 


Sept. Nov. 


December. 


Jul}', Oct. 




Kalmide. 


Kalends. 


Kalends. 


Kalends. 


2 


IV. 


IV. 


VI. 


IV. 


3 


IIL 


III. 


V. 


III. 


4 


Prid. Non. 


Prid. Non. 


IV. 


Prid. Non. 


5 


NonsB. 


Nonse. 


III. 


Nons. 


6 


VIII. 


VIU. 


Prid. Non. 


VIII. 


7 


VII. 


VII. 


Nons. 


VII. 


8 


VI. 


VI. 


VIII. 


VI. 


9 


V. 


V. 


VII. 


V. 


10 


IV. 


IV. 


VI. 


IV. 


11 


III. 


III. 


V. 


III. 


12 


Prid. Id. 


Prid. U. 


IV. 


Prid. Id. 


13 


Idua. 


Idtw. 


III. 


Idus. 


14 


XVIII. 


XIX. 


Prid. Id. 


XVI. 


15 


XVII. 


XVIII. 


Idus. 


XV. 


16 


XVI. 


XVII. 


XVII. 


XIV. 


17 


XV. 


XVI. 


XVI. 


XIII. 


18 


XIV. 


XV. 


XV. 


XII. 


19 


XIII. 


XIV. 


XIV. 


XI. ■ 


20 


XII. 


XIII. 


XIII. 


X. 


21 


XI. 


XII. 


xu. 


IX. 


22 


X. 


XI. 


XI. 


viir. 


23 


IX. 


X. 


X. 


VH. 


24 


VIU. 


IX. 


IX. 


VI. 


25 


VII. 


vin. 


VIII. 


V. 


26 


VI. 


VII. 


VII. 


IV. 


27 


V. 


VL 


VI; 


III. 


28 


IV. 


V. 


V. 


Prid. Kal. 


29 


III. 


IV. 


IV. 


Martii. 


30 


Prid. Cal. 


III. 


III. 




31 


Mens. seq. 


Prid. Kal. 


Prid. Kal. 


1 






Mens. seq. 


Mens. soq. 





36 



282 ROMAN ANTIQUITIES. 

In leap year, that is, when February has twenty-nine days, which 
happens every fourth year, both the 24th and 25th days of that 
month were marked, sexto Kaltndas Martii or Martias ; and hence 
theyear is called Bissextilis. 

The names of all the months are used as substantives or adjec- 
tives, except Aprilis^ which is used only as a substantive. 

The Greeks had no kalends in their way of reckoning, but called 
the first day of the month vxfi«9}via« or new moon ; hence ad Gracas 
Kalendas solvere^ for nunqvam^ Suet Aug. 87. 

The day amons the Romans was either dvil or niaturaL 

The civil day (DIES CIVILIS) was from midnight to midnight. 
The parts of which were, 1. Media nox ; 2. Media noctis inclination 
vel ae media npc ; 3. Galliciniumy cock-crow, or cock-crowing, 
the time when the cocks begin to crow ; 4. Conticiniuni^ when they 
l^ve over crowing ; 5. Diluculum, the dawn ; 6. Mane^ the morn- 
ing ; 7. Antemeridianum tempus^ the forenoon ; 8. Meridies^ noon, 
or mid-day ; 9. TempiLs pomeridianum vel meridiei inclination after- 
noon; 10. Solis occasusn sun-set; 11. VesperOj the evening; 12. 
Crepusculumn the twilight, {dubium tempusy noctis an diei sit : Ideo 
dubia res creperse dictcs, Varr. L. L. vL 4.) 13. Prima fax, when 
candles were lighted, called also prima tenehrce, Liv. Prima lumina, 
Horatw — 14. Concubia nox, vel concubiumj bed-time, Liv. xxv. 9. — 
15. Intempesta nox, or silentittm noctis, far on in the night ; 16. In- 
clinatio ad medium noctem, Censorin. de die. nat. c. 24. 

The natural day (DIES NATURALIS) was from the rising to 
the setting of the sun. It was divided into twelve hours, which 
were of a different length at different seasons : Hence hora hibema 
for brevissimaj Plant. Pseud, v. 2. 11. 

The night was divided into four watches, {vigilia prima, secunda, 
dec.) each consisting of three hours, which were likewise of differ- 
ent length at different times of the year : thus, hora sexta noctis, 
midnieht ; Septima, one o'clock in the morning ; Octava, two, &c. 
Plin. Ep. iii. 4. 

Before the use of dials {horologia solaria vel sciaterica) was known 
at Rome, there was no division of the day into hours ; nor does 
that word occur in the Twelve Tables. They only mention sun- 
rising and sun-setting, before and after mid-dat/, Censorin. 23. Ac- 
cording to Pliny, mid-day was not added till some years after, vii. 60. 
an accensus of the consuls being appointed to call out that time, 
(ficcwhso consilium id pronundante,) when he saw the sun from the 
senate-house ; between the Rostra and the place called Grjecosta- 
sis, Plin. ibid, where ambassadors from Greece and other foreign 
countries used to stand, Varr. L. L. iv. 32. Cic. ad Q. Fr. ii. 1. 

Anaximander or Anaximenes of Miletus, is said to have invented 
dials at Lacedsemon in the time of Cyrus the Great, P/tn. ii. 76. 
the first dial is said to have been set up at Rome by L. Papirius 
Cursor, A. U. 447. and the next near the Rostra by M. VaJerius 
Mesala the Consul, who brought it from Catana in Sicily, in the 
first Punic war, A. U. 481. Plin. vii. 60. Gelt, ex Plant, ii. 3.— 
Hence, ad solarium versari, for in foro, Cic. Quint. 18. — ^Scipio 



ROMAN FESTIVALS. 283 

Naalea first measured time by water, or by a clepsydra, which werV' 
ed by night a3 well as by day, A. U. 595. ibid. (See p. 211.) The 
use of clocks and watches was unknown to the Romans.* 

DlVISlOXof DAYS and ROMAN FESTIVALS. 

Days among the Romans were either dedicated to relisious pur* 
poses, (DIES FE8T1,) or assigned to ordinary business, {dies PRO- 
rESTI.) There were some partly the one and partly the other, 
(dies INTERSICI, i. e. ex parte /w«t, 9i ex parte profesti,) half ho- 
lidays. 

On the Dies Festi sacrifices were performed, feasts and games 
were celebrated, or there was at least a cessation from business. — 
The days on which there was a cessation from business, were called 
FERIiE, holidays, Cic legg. ii. 8. Divin. 45. and were either jmi/tc 
QT private. 

Public Ferim or festivals were either stated, (STAT-^j) or annu- 
ally fixed on a certain day by the magistrates, or Priests, (CONCEP- 
TIViE,) or occasionally appointed by order of the consul, the pr©- 
tor, or Pontifex Maximus, (iupcrativa.) 

The stated festivals were chiefly the following : 

1. In January, AGON ALIA, in honour of Janus, on the 9th, 
(v. Id,) Ovid. Fast. i. 318. &c. and also on the 20th May : GAR- 
MENT ALIA, in honour of Carmenta, the mother of Evander, on 
the Ilth (11. Id.) : Ovid. ibid. 461. But this was an half-holiday, 
(intercisus :) for after mid-day it was dies profestus, a common work 
day. On the 13th (Idibus) a wether {vervex vel ovis semimas, dris,) 
was sacred to Jupiter, Ovid Fast. i. 588. On this day the name of 
Augustus was conferred on CaBsar Octavianus, ibid. 590. On the 
first day of this month, people used to wish one another health and 
prosperity, {omnia fausta,) PI in. 28. 2. s. 5. and to send presents to 
their friends. (See p. 58.) Most of the Magistrates entered on their 
oflice, and artists thought it lucky to begin any work they had to per- 
form, {opera auspicabantur,) Senec. Ep. 83. Ovid et Martid. 
passim. 

2. In February, PAUNALIA, to the god Faunus, on the 13th 
{Idibus) : LUPERCALIA, to Lyc®an. Pan, on the 15th, (xv. Kal. 

* The invention of clocks with wheels is attributed to Paei/ieus, Archdeacon of 
Verona, who lived in the time of Lotharius son of Louia le Debonrurirf on the credit 
of an epitaph quoted by Ugbelli and borrowed by him from Penvinins. They were 
at first called nocturnal diaU, to distinguish (hem from sun dials, which shewed the 
hoars by the sun's shadow. Others ascribe the invention to Bodhms, about the 
year 510. — Some rank Archimedes^s sphere, mentioned by Claudian, and that of 
PotidonuUj mentioned by CicerOy among the machines of this kind ; because they 
had their motion from some hidden weights or springs, with wheels, or pullies, or 
some such clock-work principle. Such as are now in use were either first invented, 
or at least retrieved in Germany, near the close of the I6lh century. The honour 
of the invention of Pendnlum clocks is disputed by Buffgms and OalUeo. 

It is certain, however, that the invention never flourished untilit came into BKff* 
gm*9 hands. 

The invention of spring or pocket watches is contended for by Hvjfftns and Dr. 
Hooke ; the time of this invention was aboat the year 1658, and BMts*i claim ap" 
pears now to be almost tmdispated.— See Encydop. Brit. 



td4 KOMAN ANTIQUITIES. 

Mart.;) QUIR1NALIA, to Romulus^ on the 17tk; FERALLAy 
{jiiod turn epulas ad stpulchra amicorum ferebant, vtl jncudts ferie-* 
bant, Ftstus,) to the Dii Mines^ on the 21st, (Ovid says the 17th,) 
end sometimes continued for several days ; after which friends and 
relations kept a feast of peace and love {charistia) for settling difie- 
rences and quarrels among one another, if any such existed, Vdler4 
Max. ii. 1. a Ovid. Fast. ii. 631. TERMINALIA, to Temdnta ; 
REGIFUGIUM vel regis fuga^ in commemoration of the flight of 
king Tarquin, on the 34th ; EQUIRIA, horse races in the Campus 
Martins^ in honour of Mars, on the 27th. 

3. In march, MATRONALI A, celebrated by the matrons forva* 
rxous reasons, but chiefly in memory of the v^ar terminated between 
the Romans and Sabioes, Ovid. Fast4 iii. 170 : on the first day, 
when presents used to be given by husbands to their wives, Platdi 
Mil. iii. 1. 97. Tibull. iii. 1. Suet. Vesp. 19. Festum ANCIUORUM, 
on the same day and the three following, when the shields of Marg 
were carried through the city by the Salii^ who used theo to be &k* 
tertained with sumptuous feasts ; whence Saliares dopes vel ccBnm^ 
for lauta opipara, opulentcs, Horat* Od. i. 37. 2. LIQERALIA, ta 
Bacchus, on the 18th, (xv. Kal. *^pr.) when younff men used to put 
on the Toga virilisy or manly gown ; QUINQUATRUS, -taim, vel 
Quinquatria, Ovid. Fast. iii. 810^ Gell. ii. 21. in honour of Minerva^ 
on the 19th, at first only for one day, but afterwards for five ; whence 
they got their name. At this time, boys brought presents to their 
masters, called Minervalia, On the last day of this festival, and 
also on the 23d March, (x. kal. ApriL) the trumpets used in sacred 
rites were purified (lustrabantur) by sacrificing a lamb : hence it was 
called ToBiLustRiuM, vel -ia. Ovid. Fast. ih. 849. v. 725. HILA- 
RIA, in honour of the mother of the gods, on the 25th. 

4. In April, MEGALESI A, or jl/f^a/ense^, to the great mother of 
the gods, on the 4th or 5th ; CEREALIA, or Ludi CerealeSy to Ceres, 
on the 9ih j FORDICIDI A, on the 15th, when pregnant cows were 
sacrificed, (fordce bovcs, i. c. gravidosy qua in venfte ferunt*) Ovid* 
Fast. iv. 5. 622. PALILIA, vel Parilia, to Pales, the 21st. (See 
Pi 13.) On this day C&sar appointed Circensian games to be annu* 
ally celebrated ever after ; because the news of his last victoiy over 
Labienus and the sons of Pompey at Munda in Spain, had reached 
Rome the evening before this festival, Dio. xliii. ^ ROBIGALIA* 
to Robigus, that he would preserve the corn from mildew, (o Rubi' 
gine,) on the 25th ; PLORALIA, to Flora or Chloris, {tU omnia bene 
deflorescerent, shed their blossoms, PUn. xviii. 29.) be^n on the 
28th, and continued to the end of the month, attended with great in- 
decency, Laciant. I 20. 10. Scholiast, in Juvenal, vi. 249. which is 
said to have been once checked by the presence of Cato, Senec. Ep* 
97. Martial, i. 3. & praf. Vahr. Max. ii. 10. 8. 

4. In May on the kalends were performed the sacred rites of the 
Bona Dea by the Vestal Virgins, and by women only, {cum omne 
masculum expellebalur, Juvenal, vi. 339.) in the house of the consul 
and prators, for the safety of the people, Dio. xxxvii. 35. & 45. 
On this day also an altar was erected {constituta^) and a sacrifice 



ROMAN t^ESTlVALS. 38S 

oflbred to the iMten^ called Prastites, {quod omma iuta praBtani,) 
Ovid. Fast, Y. 133. on the 2d. COMPITALIA, to the Lares in the 
public ways, at which time boys are said anciently to have been sa« 
inrificed to Mania the mother of the Lares ; but this cruel custom 
was abolished by Junius Brutus, Macrob. Sat. i. 7. On the 9th^ 
LEMURIA, to the Lemtires, hobgoblins or spectres in the dark, 
which were believed to be the souls of their deceased friends, (ma* 
nes paUmu) Sacred rites were performed to them for three nights^ 
Aot successively^ but alternately for six days, Ovid. Fast. v. 4S19 ; 
on the 13th, or the ides, the images of thirty men made of rushes^ 
{sirmdacra scripea i^trorum,) called Argei, were thrown from the Sub- 
lician bridges by the Vestal Virgins, attended by the magistrates and 
priests, in place of that number of old men, which used anciently to 
be thrown from the same bridge into the Tiber, Festus m Deponta<* 
Ki. Varr. de Lat. lingt vii. 3^ Ovid, Fast. v. 621. &c. On the same 
day was the festival of merchants, (Jesttan mercatorum,) when they 
ofiered up prajrers and sacred rites to Mercury ; on 22d, (x. hu. 
Jun.) VULCANALIA, to Vulcan, called Tubilustriaf because then 
the sacred trumpets were purified, ibid. 725. 

6. In June, on the kalends were the festivals of the goddess Car- 
NA, {qua vitalibus kumanis prceerat^) of Mars ExtramuraneiLS, whose 
temple was without the Porta Capena^ and of Juno Moneta ; on the 
4th, of Bellona ; on the 7th, Ludi Piscatorii ; the 9th, Vestaua^ 
to Vesta ; 10th, Matralia, to mother Matuta^ &c. With the fes« 
tivals of June, the six books of Ovid, called Fasti, end ; the other she 
are lost. 

7. In July, on the kalendsj people removed {commigrabani) 
from hired lodgings, Cic. ad (^. Fratr. ii. 3. Fhm. xiii. 2. Suet. Tib* 
35 ; the fourth, the festival of 'Female Fortune^ in memory of Cori- 
oknus withdrawing his army from the city, Liv. ii. 40 ; on the 5th, 
Ludi Appollinarbs, Liv. xxv. 12. xxvii. 23 ; the 12th, the birth- 
day of Julius Caesar ; the 15th, or ides, the procession of the Eqttites^ 
(see p. 35.) and the 16th, DIES ALLIENI8, on which the Romans 
were defeated by the Gauls, {dies ater et funestesy) Cic. Att. ix. 5^ 
Suet. Vit. 2 ; the 23d, NcptunAlia. 

8. In August on the 13th, or ides, the festival of Diana ; 19th, 
ViiTAUA, when a libation of new wine was made to Jupiter and 
Venus, Plin. xviit. 39 ; 18th, Consualia, games in honour of Constis^ 
the god of council^ or of pquestrian Neptune ; a twhich the Sabine wo^ 
men were carried off by the Romans, Liv, u 9 ; the 23d, Vulcana- 
LiA, Plin. Ep. iii. 5. 

9. In September, on the 4th, (Pn J. Non.) Ludi Maoni or Ro- 
MANi, in honour of the great gods, Jupiter, Juno, and Minerva, for 
the safety of the city ; on the 13th, the consul or dictator {Prator 
Maximus) used anciently to fix a nail in the temple of Jupiter ; Liv. 
vii. 3 ; the 30th, Meditrinalia, to Mediirina^ the goddess of curing 
or healing, {medendi,) when they first drank new wine. 

10. In October, on the 12th, Auoustalia vel Ludi AugustaleSf 
Tacit. Annal. i. 15 ; the 13th, Faunalia ; the 15th, or ides, a horse 
was sacrificedi called Equus Octobris, y. -ber, because Troy was 



296 ROMAN ANTIQUITIES. 

supposed to have been taken in this month by means of a horse. The 
tail was brought with great speed to the jRegta or house of the Pan* 
tifev M. that its blood might drop on the hearth, Festus. 

11. In November, on the I3th, there was a sacred feast called 
Epulum Jovis ; on the 27th, sacred rites were performed on account 
of two Greeks and two Gauls, a man and a woman of each, who 
were buried alive in the ox market ; Liv, xxii. 57. Plutarch. quasL 
83. & in Marcdlo ; Plin. xxviii. 2. s. 3. 

12. In December, on the 5th, or nones, FAUN ALIA, Herat. Od. 
lii. 18 ; on the 17th, (xvi. Kal Jan.) SATURNALIA, the feasts of 
Saturn, the most celebrated of the whole year, when all orders 
were devoted to mirth and feasting ; friends sent presents to <Mie an- 
other, Suet. Aug. 75. Vesp. 19. Stat. Silv. vi. 9. and masters treated 
their slaves as if upon an equal footing : Herat. Sat. ii. 7. at first 
for one day, Liv. ii. 21. xxii. 1. afterwards for three, and by the or« 
der of Caligula, for five days, IMo. lix. 6. Suet. Claud. 17. Macrob. 
Sat. L 10. So Claudius, Dio. Ix. 25. Two days were added, call- 
ed SioiLLARiA, (a sigillis) from small images, which then used to 
be sent as presents, especially by parents to their chiMren, Macrob. 
ibid. On the 23d, Laurentinalia, in honour of Laurentia Aoca» 
the wife of Faustulus, and nurse of Romulus, Varr. L. L. v. 3. 

The FERIiE CONCEFTlViE, which were annually appointed 
{concipiebantur vel indicebaniur) by the magistrates on a certain day, 
were, 

1. FERIiE LATINiE, the Latin holidays, (see p. 68.) first ap- 
pointed by Tarquin for one day, Liv. i. 55. After the expulsion of 
the kings they were continued for two, then for three, and at last for 
four days, Liv. vi. 42. The consuls always celebrated the Latin 
firim before they set out to their provinces ; and if they had not 
been rightly performed, or if any thing had been omitted, it was 
necessary that they should be again repeated, (tfutaurart,) Liv. pas- 
sim. 

2. PAGANALIA, celerated in the villages, (inpagis) to the tute- 
laiy gods of the rustic tribes. See p. 76. 

5. SEMENTIViE, in seed-time for a good crop, Varr. ibid. 

4. COMPITALIA, to the Lares, in places where several ways 
met, (in compitis,) 

FERIiE IMPERATIViE, were holidays appointed occasionally ; 
as, when it was said to have rained stones. Sacrum novendialk vel 
feria per 7iovem dies, for nine days, Liv. i. 31 ; for expiating other 
prodigies, Liv. iii. 5. xxxv. 40. xlii. 2 ; on account of a victory ; &c. 
to which may be added Justitium, (cum jura stant,) a cessation 
from business on account of some public calamity, as a dangerous 
war, the death of an emperor, &c. Liv. iii. 3. 27. iv. 26. 31. vi. 2. 7. 
viL 6. 28. ix. 7. x. 4. 21. Tacit. Annal. ii. 82. Supfucatio et Lectis- 
TCRNiUM, dz^c. See p. 273. 

Ftria were privately observed by families and individuals on ac- 
count of birth-days, prodigies, Ac The birth-day of the emperors 
was celebrated with sacrifices and various games, as that of Augus- 
tus, the 23d September, Dio. lii. 8. 26. 34. The gamee then cele- 



ROMAN GAMES. 287 

brated were caUed August alia, Dio. Ivi. 39. as well as those on the 
12th of October, Qr. Id. Octob.) in commemoration of his return to 
Borne, Dio. liv. 10. Ivi. 46. which Dio says continued to be ob- 
served in his time, under Severus, liv. 34. 

DIES PROFESTI, were either Fasti or XefasH, &c. (See p. 
383.) Jiundina^ quasi Jiovendia, (see p. 78.) market-days, which 
happened every nioth day ; when thev fell on the first day of the 
year it was reckoned unlucky, Dio. xl. 47. Macrob. Sat. i. 13. and 
therefore Augustus, who was very superstitious. Suet, Aug. 92. used 
to insert a day in the foregoing year to prevent it, which day was ta- 
ken away from the subsequent year, that the time might agree with 
the arrangement of Julius CsBsar, Dio. xlviii. 33. PaiBLiAaEs, fight- 
ing days, and non prtzliarts ; as, the days after the kalends, nones, 
and ides ; for they believed there was something unlucky in the word 
postj after, and therefore they were called Dies religiosi, atri vel in- 
fausti; Ovid. Fast. i. 58. as those days were, on which any remarka^ 
ble disaster had happened ; as. Dies Alliensis^ Sac. Liv. vi. 1. The 
ides of Mareh, or the 15th, was called Parricidium ; because on that 
day, Caesar, who had been called Pater Patrls, was slain in the 
senate-house, Suet. Ctzs. 85. & 88. Conclave^ in quo casus fueratf 
obstructum et in latrinam conversum^ Dio. xlvii. 19. 

As most of the year was taken up with sacrifices and holy days, 
to the great loss of the public, Claudius abridged their number, Dio. 
Ix. 17. 

ROMAN GAMES. 

• 

Games among the ancient Romans constituted a part of religious 
worship. They were of different kinds at different periods of the 
republic. At first they were always consecrated to some god ; and 
were either stated, {Ludi STATI,) the chief of which have been al- 
ready enumerated among the Roman festivals ; or vowed by gene- 
rals in war, (VOTIVI,) or celebrated on extraordinary Occasions, 
(EXTRAORDINARII.) 

At the end of every 110 years, games were celebrated for the 
safety of the empire, for three days and three nights, to Apollo and 
Diana, called Ludi SiECULARES. (See p. 154.) But they were 
not regularly performed at those periods. 

The most famous games were those celebrated in the Circus 
Maximus; hence called Ludi Circenses ; of which the chief were 
Ludi Romani vel MagnifLtW. i. 35. 

1. LUDI CIRCEJ^ES. 

The Circus Maximus was first built by Tarquinius Priscus, and af- 
terwards at different times magnificently adorned. It lay betwixt the 
Palatine and Aventine hills, and was of an oblong ctVctt/ar form, whence 
it had its name. The length of it was three stadia, or furlongs and 
a half, i. e. 437^ paces, or 2187^ feet : the breadth little more than 
one stadium, with rows of seats all ^ound, called Fori or spectacula 
(i. e. sedilia unde spectarent,) rising one above another, the lowest 
of stone and the highest of woody where separate places were al- 



288 ROMAN ANTIQUITIES. 

lotted to each Curiae and also the Senators and to the EgidUi ; bat 
these last under the republic, sat promiscuously with the rest of 
the people. (See p. 18.) It is said to have contained at least 
ISOfOOO persons, Dionys. iii. 68. or, according to others, above 
double that number; according to Pliny, 250,000. Plin. xxxvi. 15. 
«. 24. Some moders say 380,000. Its circumference was a mile. 
It Mras surrounded with a ditch or canal, called Euripus^ ten feet 
broad and ten feet deep ; and with porticos three stories high ((frftou 
rfiCByou) ; both the work of Julius Caesar. In dilSerent parts there were 

E roper places for the people to go in and out without distur* 
ance. On one end there were several openings, {ociia,) from which 
the horses and chariots started, {tmiitthaniur^ called CARCERES 
vel Lepagvluj and sometimes Career^ {quod equos coercebat, ne exi- 
rentf priusquam magistralus signian mitieretf Yarro. L. I^. iv. 32.) 
first built A. U. 425. Liv. viii. 20. Before the carceres stood two small 
statues of Mercury, (Hermuli,) holding a chain or rope to keep in the 
horses, Cassiodor, Var, Ep. iii. 51. in place of which there seems 
sometimes to have been a white line, {alha linear) or a cross furrow 
filled with chalk or lime, ibid, at which the horses were made to 
stand in a straight row {frontibm mquabaniur,) by persons called no* 
RATORES, mentioned in some ancient inscriptions. But this line* 
called also Creta or Calx, seems to have been drawn chiefly to 
mark the end of the course, or limit of victory, {ad vicioruB notum,) 
Plin. XXXV. 16. s. 58. Isidor. xviij. 37. to which Horace beautifiiOy 
alludes. Mors tdtima linea rerum est, £p. i. 16. fin. 

On this end of the circus, which was in the form of a semicircle, 
were three balconies or open galleries, one in the middle, and one in 
each comer: called M/eniana, from one Maenius, who, when he sold 
his house adjoining to the Forum, to Cato and Flaccus the censors, 
reserved to himself the right of one pillar, where he might build a 
projection, whence he and his posterity might view the shows of gla* 
diators, which were then exhibited in the Forum, Ascon. in Cic. Suet. 
Cal. 18. 

In the middle of the Circus, for almost the whole length of it, there 
was a brick wall, about twelve feet broad, and four feet hi^, called 
Spina, Scholiast in Juvenal, vi. 587. Cassiod* Eip. iii. 51. at both the 
extremities of which there were three columns or p}a*amids on one 
base, called METiE, or goals, round which the horses and chariots 
turned, {fiectebant,) so that they always had the spina and meta on 
iheir left hand, Ovid, Am. iii. 65. Lucan. viii. 200. contrary to the 
manner of running among us. Whence a carceribus ad metam vel 
calcem, from beginning to end, Cic. Am. 27. Sen. 23. 

In the middle of the spina Augustus erected an obelisk 132 feet 
high, brought from Egypt ; and at a small distance another 88 feet 
high. Near the first Meta, whence the horses set off, there were seven 
other pillars, either of an oval form or having oval spheres on their 
top caJled OVA, Varr. de re Rust. i. 2. 11. which were raised or 
rather taken down, {tollebantur, ibid.) to denote how many rounds 
the charioteers had completed, one for each round ; for they usually 
ran seven times round the course* Above each of these ova was 



ROMAN GAMES. SS9 

eittraFed the Sgare of a dolphin. These pillars were called FA* 
LiE or PHALiE. Some think there were two different kinds of pil* 
lars, one with the figure of an ovum on the top, which were erected 
at the Meta pritna ; and another with the figure of a dolphin, which 
stood at the Mti<^ ultima ; Juvenal joins them together, ConstUit an* 
it f alas delpkinortunque cohtmnas^ vi. 589. They are said to have 
been first constructed, A. U. 721. by Agrippa, Dio. xlix. 43. bat 
ova ad metas curriculis numerandis^ are mentioned by Liyv long 
before A. U. 577. Iav. x\u 27. a^ they are near 600 years after by 
Cassiodoras, iii. f^ar, Ep, 51. The figure of an e^ was chosen in 
honour of Castor and Po]iux^( Dioscuri, i. e. Jove nati, Cic. Nat. D. 
iii. 21. agonum prasides ;) and gf a dolphin in honour of Neptune, 
TertuUian. Speelac. 8^ also as being the swiftest of animals, P/m. 
ix. 8. 
Before the games began, the images of thd gods were carried in 

Sirocession on carriages and in frames, (m thensis et ferculis,) Suet* 
ul. 76. Ovid, Amor. iii. 2. 44. Cic. Verr. 5. 72. or on men's shoul* 
ders, with a great train of attendants, part on horseback, and part 
on foot. Next followed the combatants, dancers* musicians, &uc. 
When the procession was over, the consuls and priests performed 
aacred rites, Dionys. vii. 72. ' 

The shows (spectacula) .exhibited in the Circus Maximus^ were 
, chiefly the following : . 

1. Chariot and horse-races, of which the Romans were extrava- 
gantly fond. 

The charioteers (agiiaiores vel auriga) were distributed into four 

Earties (greges) or factions, distinguished by their different dress or 
very;factio alha vel albaia, the white; russaia, the red; ventla^ 
the sky-coloured or sea-coloured ; and prasina, the green faction ; 
to which Domitian added two, called the golden and purple, {/actio 
aurata H purpurea^ Suet Domit. 7. The spectators favoured one 
or the other colour, as humf>qr or caprice inclined them. It was 
not the swiftness of the horses, nor the art of the men, that attracted 
them ; but merely the dress ; (Nunc fiivenl panno, pannum amanQ 
Ptin. Ep. ix. 6. In the time of Justinian, no less than 30,000 men 
are said to have lost their lives at Constantinople in a tumult raised 
by contention among the pailisans of these -several colours, Proeop. 
Bell. Pers. i. 

The order in which the chariots or horses stood, was determined 
by lot ; and the person who presided at the games gave the siffnal 
for starting by dropping a napkin or cloth, mappA vel panno mxsso. 
Then the chain of the Hermuli being withdrawn, they sprung for* 
ward, and whoever first ran seven times round the course was vie* 
tor, Propert. ii. 25. 26. 1. Senec. Ep. 30. Ov. Hal. 68. This wa« 
called one match: {unm MISSUS, -tls) for the matter was almost 
always determined atone heat ; and usually there were twenty-five 
of these in one day, so that when there were four factions, and one 
of these started at each time, 100 chariots ran in one day, Serv. in 
Virg. O. iii. 18. {teniwn quadrajugi) sometimes many more ; but 

37 



im ROMAN ANTIQUITIES. 

then the horses commonly went only five times roiiDd the eoursev 
Suet. Claud. 21. J^er. 22. Domil. 4. 

The victor, being proclaimed by the voice of a herald, was crown- 
ed, Suet. Calig. 32. yirg. JEn. iii. 245. and received a prize in mo* 
ney of considerable value, Martial, x. 50. 74. Juvenal, yfu. 1 13^ 

Pahns were first given to the victors at games, after the manner 
of the Greeks ; and those who had received crowns for their brave- 
ry in war, first wore them at the games, A. U. 459. Liv. x. 47.— 
The palm tree was chosen for this purpose, because it rises against 
a weight placed on it, (adversus pondm resnrgii et jursum nt/tlur,) 
Gcll. iii. 6. Plin. xvi. 42. s. 81. 12. hence put for any token or 
prize of victory, Horat. Od. i. 1. 5.. Juvenal, xu 181. or for victory 
itself, yirg. G. iii, Ovid. Trist, iv. 8. 19. Pahna lemniscatOy a palm 
crown with ribands (lemnisci) hanging down from it, Cic. Rose* Jim. 
25. Festus. Huk consilio palmnn do^ I value myself chiefly on ac- 
count of this contrivance, Ter. Heaut. iv. 3. 3L 

2. Contests of agility and strength, of which there wera five 
kinds ; running, {cursus ;) leaping, {saltus ;) boxing, (pugilatus ;) 
wrestling, {lucia >*) and throwing the discus 6r quoit {disci jaclus ;) 
hence called Pentathlum^ vel ^on^ {Latine QuiNquERTiUM, Festus^) 
or Ctrtamen AthUticum vel Gt/mnimm, because they contended na- 
ked, (yyM-voi,) with nothing on but trowsers or drawers, {subligaribus 
ianlum velati,) whence GYMNASIUM, a place of Qxerdse, or a 
school. This covering, which went from the waist downwards, and 
supplied the place of a tunic, was called Campestre, Horat. Ep. i 
11. 18. («'6fi^(jfiLa, Pausan. i. 44.) because it was used in the exerci- 
ses of the Campys JIfar/tW, and those who used it, Catnptstrati^ Ain 
gustin. de- Civ. Dei. xiv. 17. 8o anciently at the CMympic games, 
Thucydid. i. 6, 

The Atkletit were anointed with a glutinous ointment called Ce* 
RONA, Martial vii. 31. 9. iv. 4. & 19. xi. 48. Juvenal, vi. 245. by 
slaves called Aliptsc, Cic. i. 9 35. whence Hqvida, talestra, Lh» 
can. ix. 661. uncia palestra, Ovid. Ep. xix. II. and wore a coarse 
shaggy garment called Endromis, -iWt^, Martial, iv. 19. nsed of finer 
stuff by women, Juvenal, ibid, also by those who played at that kind 
of the hand-ball (pila^) called Trigoic or HARPASTUii,'«M[ir/ta/. ibid, 
. Boxers tjovered their hands with a kind of gloves, {chirotheca^) 
which had lead or iron sewed into- them, to make the strokes fall 
^ith the greater weight, called Cjestos vel cestus^ Virg. JEn. v, 
379,400. 

The combatants {Athleta) were previously trained in a place of 
exercise, (m paldstra vel gymnasia^) Plaut. Bacch. iii. 3. 14. and 
restricted to a particular diet, Ylorati de Art. Poet. 413. 1. Corinth. 
ix. 25. In winter they were exercised in a covered place called 
XYSTUS, vel -wm, surrounded with a row of pillars, PsRiSTTLiUMy 
Vitruv. V* 2. But Xyslnm generally signifies a walk under the open 
air, (ambulatio Hypathra ye\ subdialis,) laid with sand or gravel, and 
planted with trees, joined to a Gymnasivmy Cic. Att. i. 8. Acad, iv, 
3. Suet Aug. 72. Plin. Ep. ii. 17. ix. 36. 

The persons thus exercised were called PaliMtriia^ or Xystiid ; 



ROMAN 6AME& 291 

%ikl be who exercised them, exercitator, Plin. xxiik 7. s, 63. JMb- 
gister vel Doctor PaUstricus, Gt/mnasiarchm, vel Xystarchus, vel 
-e*. From the attention of Antony to gymnastic exercises at Alex- 
andrie, he was called Gymnasiarchahy Augustus, Dio. I. 5. 27. 

Palbstra was properly a school for wrest4ing, (a iraXii, luclafio,) 
but is put for any place of exercise, or the exercise itself ; hence 
palcxiram discere, to learn the exercise ; Cic. OrnL iii. 22. These 

?rmnaslic games, (gymmci agones,) were very hurtful to morals, 
/m.iv.23. 

The Athletic games among the Greeks were caHed ISELASTIC, 
(from wsKiwta, invehor,) because the victors, {Hitronlat, Suet. Ner. 
24. 25.) drawn by white horses, and wearing crowns on their heads ; 
ofolive,ifvtctorSiatthe Olympic games, Virg. G. iii. 18, of laurel 
at the Pythian; of parsley at the Nemean ; and of pine at the Isth- 
niaa, were conducted with great pomp into their respective cities, 
which they entered through a breach in the walls wade for that pur- 
|K>8e ; intimating, as Plutarch observes, that adty which produced 
such brave citizens, had little occasion for thi> defence of walls, Phn. 
Ep.x. 119. They received for life ai> Annual stipend, (opsoma,) 

from<the public, ibid. & Viiruv. ix. Pp^f'^ 

a LuDus Troj«, a mock fight, performed by young noblemen 
on horseback, revived by Juliu^ Caesar, Dio. xlni. 23. SmcL 19. and 
frequently celebrated by the ^cce^-ding Emperors, 5wer. .^ug. 4i. 
Tib. 6. Cal. 18. Claiid. 21. ^er. 7. Dio. xlviu. 20. U. 22. &c. de- 

scribed by Viitil, ^n. v. 561. &c. ,^ • 

4. What was called Venatio, or thefightipg of wild blasts with 

i)ne another, or wH* men caHed Bcsiiani^ »vho were either forced to 



^ii. I. Odl ii. 16. Vat. 17. An-^credible number of animate of va- 
rious fciods were brought, fr?>^a" quarters, for the entertainment of 
nbfi people, and at an immense expense, Cic. Fam. viri. 2. 4. 6. 
Ihey were kept in indo^res, called vivakia, till the day of exhibi- 
lion. Pompey, in hi^ second consulship, exhibited at once 5U0 
Jions, who were alliesp^tched iti 5 days-; also 18 elephants, JU/o. 

xxxix. 38. PUn. v*^* ; • 

2. The repre/^^lation of a horse and foot battle, and also of an 
encampment (*' R siege, SueU Jul. 39. Claud. 21. Dom. 4. 

6. The r^i^esentation of a sea-fight, (Naubachia,) which was at 

first made^^ ^^^ Circus Maximuft^hut afterwards oftener elsewhere. 

Augustp* d% a lake near the Tiber for that purpose, Suet. Aug. 43. 

'Pibtr ^ and Domitian built a naval theatre, which was called .A/ati« 

nyopiia Domitiuni^ Suet, Dom. 5. . Those who fought were call- 

o/Jfiiumachiarii. They were Usually composed of captives oiypon- 

4emned malefactors, who foiJ^Rt to*cUath, unless saved by the cle- 

jnency of the emperor, Dio. Ix. 33, Sttei. Claud. 21. Tacit. Jlnnal. 

xii. 5a . • 

If any thing unlucky h^pened at the games, they were renewed, 
iimlawroboaatir,) Pia Ivl 27. o&ea laord thaa oacei Id. hu 6/ 



SIB ROMAN ANTIQUITIES. 

II. SHOWS of GLADMTORS. 

Tab flhows (speciacula) of gladiators were properly called Mune* 
ra^ and the person that exhibited (edebat) them, MwterariuSf vel 
'Ulor^ Editor et Dominus^ Cic. Att.' ii. 19. who, although in a pri- 
vate station, enjoyed, during the days of the exhibition, the enmgns 
of magistracy, Cic. legg. ii. 24. . Thev seem to have taken their rise 
from the custom of slaughtering captives at the tombs of those slain 
in flattie to appease their tnanis^ Virg. Mu. x. 518. 

Gladiators were first publicly exhibited (dati sunt) at Rome by 
two brothers called Brnti^ at the funeral of their father, A. U. 490. 
£rtv. E/nl. xvi. Valer. Max. ii. 4. 7. and for some time they were 
exhibited only on such occasions ; but afterwards, also, by the magis- 
trates, to entertain the people, chiefly at the Saturnalia and feasts 
of Minerva. Incredible numbers of men were destroyed in this man- 
ner. After the triumph of Trajan over the Dacians, spectacles 
were exhibited for 123 days, in which 11,000 animals of diflTerent 
kinds were killed ; aM 10,000 gladiators fought, Dio. xlviii. 15. 
whence we may judge of ^iher instances. The emperor Claudius, 
although naturallv of a gentW. disposition, is said to have been ren- 
dered cruel by often attending ibese spectacles, Dio. Ix. 14, 

Gladiators were kept and mainlined in scIkkiIs {in lndis) by per- 
sons called LANISTiE, who purcr«»sed and trained them. The 
whole number under one Lanisia was called Familia, SveL Jul. 26. 
Aug. 42. They w<?re plentifully fed on st^Mig fixxl f hence SagUia 
gladiatoriq, Tacit. Hkt. ii. 88. • 

A Lanisia, when he itwtructed young gladiators (/iVonw.) deliver- 
ed to thera his lessons and rules {diclata et leges) in writing. Suet. 
Jul. 36.. Juvenal, xi. 8. and thwi he was said commenlari, Cic. de 
Orat. iiu OS- when he gave over \i^ employment, a gladiiz rectssiise, 
Cic. Rose. Am. 40. '. 

The gladiators, when they were exercised, fenced with wooden 
swords, {rudibus batuebant ^ whence th{ualia, a battle,) CtV. >Wrf. 
Suet. Calig. 32. 54. When a person wai. confuted by weak argu- 
ments, or easily convicted, he was said, Phtmeo gladiojvgulari, Cic. 
Att i. 16. Jugido hunc svo sibi gladioy I foil hjL with bis own wea- 

Sons ; I silence him with his own arguments, J^tnt. Adofph. v. 8. 
4. O plumbeum pugionem ! O feeble or inconOiisive reasonine I 
Cic. Fin. iv. 18. • ^ 

Gladiators were at first composed of captives am^^^ayes, or of 
condemned malefactors. Of these, some were said to i^ ad gladi* 
um damnati, who were lo be despatched within a year, l^ig^ how- 
ever, was prohibited by Augustus, {gladiatores sinit missiont t^* pro* 
hibuit,) Suet. Aug. 45. and others, ad ludum damnaii^ who mtgit i^e 
libej^ted after a certain time, j^ut jeifterwards, also, free-bom c#i. 
Eens, induced b^ hire or by inclinat^n, fought on the arena^ somt* 
even of noble birth« Juvenal. iL 43. viii. 19K &c» Liv. xxviil 2. Sa^ 
tt. J^er. 12l .and what is still more wonderful, women of quality; 
TacH. Annal. t. v. 32. 9ueU Doritit. 4 JuDtimL vL 2&4. &c. and 
dwarfW (ifanO Stat. SyL V. L vi. ^7. 



ROMAN GAMES. SOS 

Freemen who became gladiators for hire were said ease auetoraii, 
Horal. Sat ii. 7. 5. Iind t^ir hire, mtclaramentum^ Suet. Tib. 7. or 
giadkUorium^ Li v. xliv. 31. and an oath was administered to them. 
Pet. ArhiUr. 1 17. 

Gladiators were distinguished by their armour and manner of fight* 
in^. Some were called Skcutorbs, whose arms were an helmet, a 
shield, and a sword, or a leaden bullet, {massa plumbea,) Isidor. 
xviii. 55. With them were usually 'matched {commitiebanlur vel 
componebanlur) the RETIARII. A combatant of this kind wasdress- 
ed m a short tunic, but wore nothing on his head, Sutt. €alig,20. 
Claud. 34. Juvenal, viii. 205. He bore in his left hand a three 
pointed lance, called Tridfns or Fvscina^ and in his right a net, 
(rets,) with which he attempted to* entangle (irreiire) his adversary, 
by casting it* over his head, and suddenly drawing it together, and 
then with his trident he usually slew him. But if he missed his aim, 
' either by throwing his net too short, or too far, he instantly betook 
himself to flight, and endeavoured to prepare his net for a second 
caM ; while his antagonist as quickly pursued, (whence the name 
Sec«<or,) to prevent his design by despatching him. 

Some gladiators were called MiRMtLLONBs, (a it'Opt.vp^f!, j9tm«)be*' 
cause they carried the image of a fish on their helmet ; hence a 
Reiianm^ when engaged with one of them, said, '* I do not aim at 
you, I throw at your fish/' (Non te peto, piscem feto : Quid he 
rvGts, Galle?) Festus. The Mirmillo was armed like a Gaul, 
with a buckler [parmaytX pelta) and a booked sword or cutlass* 
{sicd vel harpe, i. e. gladio incurvo et falcMlo,) and was usually 
matched with a Thracian, (Three vel Thrax, i. e. Threddicis ar» 
mis ornatus,) Cic. Phil. vii. 6J Liv. xli. 20. Horat. Sat. ii. 6. 44. 
Suet. Cat. 32. Juvenal, viii. 201. Auson. in Monosyll. 102. Quis 
MyrmHloni componilur aqnimanuit ? Threx. 

Certain gladiators from their armour were called Sam Nrrss, Liv. 
ix. 40. Cic. Sext. 64. and also Hoplomachi^ Suet. Calig. 35. Some 
Dinmckari^ because they fought with two swords ; and others Lo* 

JHtarii^ because they used a noose to entangle their adversariest 
Srtdbr. xviii. 56. 

There was a kind of gladiators who fought from chariots {ex e*- 
#&/i>,) after the manner of the Britons or Gauls, called EssEOARt!, 
Cic. Fam. vii. 6. Sutt. Cal. 3.5. Gas. de B. G. v. 24. and also from 
on horseback,, with, what was curious^ their eyes shut, {clausis ocw- 
//*,) who were called Andarava, Cic. Fam. vii. 10. Hence Anda* 
haturum mttrt pngnare^ to fight in the dark or blindfold, Hyeronym. 

Gladiators who were substituted (supponebantur) in place of those 
who were.conquered or fatiffued, were called Suppomtitu, oc Sdb- 
DiTiTit, Martial, v. 25. 8. Those who were asked by the people, 
from the Emperor, on account of their dexterity and skill m fight- 
ing, wero called Postulatitii ; Such were maintained at the Em* 
^eror^s private charge, and hence called ' Fts<:ALfis oi* Casariard. 
T^Ktse who were prrauced and fought in the ordinary manner^ were 
. ttll^ Ordimarii, Saet. Aug. 44. Domit. 4. 

When a number fought together, (gregatinh Umefc ac ibu arie^) 



894 ROMAN ANTIQUITIES. 

and not in pairs, they were called Catervarii, SuiU Aug. 45. CaL 
30. Those pnidiiced at mid*doy, who were generaHy untrained, 
were called M i^riuiam, Seuec. Epistt, 7. Suet, Claud, 34. 

The person who was to exhibit gladiators (icDrrc^R) some time 
before announced the show, (mutius edicebai^ Senec. Ep. 1 17. o»<en- 
dthat^ pronunciabatf propotieialj ^c. Cic. Fam. ii. 8. ix. 9. Suet. 
Jul. 26. Tit. 8.) by ao advertisement or bill pasted up in public, 
{per liheltum publice affixum,) in which he mentioned the number 
and the names of the most distinguished gladiators. Sometimes 
these things seem to have been represented in a picture, HoraL 
Sat. ii. 7. 95. Plin. xxxv. 7. 5. 33. 

Gladiators wer^ exhibited sometimes at the funeral pile, often in 
the Forum^ which was then adorned with statues and pictures, Cic. 
Verr. i. 22. but usually in an amphitheatre, so called because it was 
seated all round, like two theatres joined, Plin. xxxvi. 14. 16. &c. 

« AMPHITHEATRES were «iit first temporary, and made of 
Wood. The first durable one of stone was buih by Statilius Taurus 
at the desire of Augustus, Suet, Aug, 29. which seems likewise to 
have been partly of wood*. The largest amphitheatre was begun by 
Vespasian and completed by Titus, now called CoLisj&un, from 
the Colossus or large statue of Nero which stood near it. It was of 
an oval form, and is said to- have contained 87,000 spectators. .Its 
ruins still remain. The place where the gladiators fought was call- 
ed Arena, because it was covered with sand or saw-dust, to prevent 
th^ gladiators from sliding, and to absorb the blood ; and tne per* 
sons who fought, Arenarii, But anna is also put for the whole am- 
phitheatre, or the show, Juvenal, uu 34. also for the seat of war ; Pri- 
ma civilis arena Italia full, Flor. iii. ^JO. 21. iv, 2. thus Lucan. vi. 
63. or for One's peculiar province, Plin, Ep. vi. 12. So Cavea, 
for a theatre or amphitheatre, Snet, Aug, 44. Claud, 21. Cic, Amic. 
24. Plant, A^pJ^' ptol, 65. Consessus cavecty the spectators, yirg» 
Mn. V. 340. But CAVEA properly signifies a place where wild 
beasts were confined, Sutt, Cal. 27. Herat. Art. P. 473; Martial. 
ix. 90. Plin. xxxvi. 5. 

The part next the arena was called Podium, where the senators 
sat. and the ambassadors of foreign nations ; and where also was the 
p*ace of the emperor, (Sugue.s'ids, vel -imt,) elevated like a pulpit 
or tribtmal. Suet, Jul. 76. Plin, Paneg. 51. and covered with a ca- 
nopy like a pavilion, (Cubu;uluu. velpapHio^ Suet Ner. 12.) like- 

* There ara Amphiilieflfre^ still standing, in vnrions d^f^rens o( perfection, at t»- 
veral other pfaves herides Rome. At i*uta in tsfra, at NismeM at Aries, BordenUr 
and particularly at Verona, 'Hiatal Putn c«>nsiflts of two rows of TVi^nvir pillan, 
one over the other, and is very entire ; the lower having pedestals, which is eitr«» 
ordinai*)' ; this order bavins; scarce ever more ihan has s lo support tlie pillars. That 
«t l^tnma is In the be«t preservation : for Ihonghmost of the large and liesf stones of 
the oiitnide are piitked out, yet the great \aiilt, on which the rows of the reafs ara 
laid, is entire, as are the nms. which are <4 in numher. Each row is 1^ foot high, 
and as much in hreadth, so ih«t a man .«its convenienity in iheni, and tJlowiogfor a 
teat a fool and a half, the whole %vill hold 22.i0() persons. 

Mr. firy/Ofie, Vol. i. p. 215. mentions an Ampliiiheatre at %r«Ctfje, ihm ibeave of 
which 1^ so entire, that thtt gnufUti for feats still remain ; bat it is smU la f^yiapvi* 
soa «iUi tbaotbsn. . 



ROHAN GAMES. 396 

wbe of the persons^ who exhibited the games, {EdUoris Tribunal^) 
and of the Vestal Viiigins, Suet, Aug. 44. 

The Podium projected over the wall which surrounded the arena^ 
and was raised between twelve and fifteen feet above it ; secured 
with a breast*work or parapet (lonca) against the irruption of wild 
beasts. As a further defence, the arena was surrounded with an 
iron railing* {ferreis clathris,) and a canal, {^uripq,) Plin. viii. 7. 

The EjuiUs sad in fourteen niw^ behind the senators. The seats 
{gradtis vel aedilia) of both were covered With cushions, ( puhiUis^) 
Juvenal, iii.' 152, first used in the time of Caligula, Dio. lix. 7. The 
rest of the people sat behind on the bnre stone,, and their seats were 
called PdPutARiA, Suei, Gaud. 35. Dam. 4. The entrance.tf> these 
seats were called Vomitoria ; tKe passages (vice) by which they as- 
cended to the seats ^ere called ScaltB of Scaloria^ and the seats be^ 
tween the two passages were, from their form, called Cunew^ a 
wedge, Juvenal, vi. 61. SutU Aug. 44. For, like the section of a 
circle, this space gradually widened fronl tlie artna to the top. 
Hence Cuneis innotuit res omnibuff to all the spectators, Phadr. v. 
7.35. • 

Sometimes a particular place was publicly granted to certain per- 
sons by way of honour, Cic. Phil. ix. T. and the Eldilor seems to have 
been allowed to assign a more honourable seat to any person he in* 
clined, Ctc AiL ii. 1. 

There were certain persons called Dbsioxatorcs, or LHssigna" 
tores^ masters of ceremonies, who assigned to every one his proper 
place, Plaut. Pvenul. prolong. 19. Cic. Att. ix. 3. as undertakers did 
at funerals, ttoral. Episi. i. 7. 6. and when they removed any one 
from his place,* they were said eum excxlare vel suscitare^ Martial, 
iii. 95. V. 14. vi. 9^ The Designaiores are thought by some to have 
been the same with what were called Locarii, {quia sedes vel .f/iec- 
taeula hcabant.) But these, according to others, pn>per]y were 
-poor people, who came early and took possession of a seat, which 
they afterwards parted with to some rich person who came late, for 
hire. Martial, v. 25. 

Anciently women were not allowed to see the gladiators, without 
the permission of those in whose power they were, Vale.r, Max. vi. 
3. 13» But afterwards this restriction was removed. Augustus as- 
signed them a particular place in the highest seats of the amphithea- 
tre. Suet. Aug. 44. Ovid. Amor. ii. 7. 3, » 

There were m the amphitheatres secret tubes, from which the 
spectators were besprinkled with perfumes, (croco diluto aut aliis 
fragrantibnts liquoribus^) Martial, v. 26. & de spect. 3. issuing from 
certain figures (siona,) Lucan. ix. 808. and in rain or excessive 
heat, there were coverings {vela vel velaria) to draw over them, 
Juvenal, iv. 132. For which purpose there were holes in the top 
of the outer wall, in which poles were fixed to support them. But 
when the wind did not permit these coverings to be spread, they 
used broad-brimmed hats or caps {causi^t vel pilei) and umbrellas, 
Dio. lix. 7. Martial, xiv. 27. 28. 

By secret springs, certain wooden machines, called Pkgm ata, vel 



9fiS ROMAN ANTIQUITIES. 

-m^y were raised to a great height, to appearance spontaneously, and 
elevatedor depressed, diminished or enlai^d, at pleasure, MartiaL 
Sptct. ii. 16. viii. 33. Smec. Epist. 88. Sm€/. Claud. 34. Gladiators 
were sometimes set on them, hence called Pegmares^ Suet. Cal. 26, 
and boys {et pueros inde ad vtlaria raptos^) Juvenal, iv. 122. But 
pegmata is put by Cicero for the shelves, {pro loculis) in which books 
were kept, Alt. iv. 8. 

Nigh to the amphitheatre was a place called Sfolurium, to which 
those who were killed or'mortally wounded were dragged by a hook, 
{vnco irahebantur^) Plin. Paneg. 36. Senec. Epist. 93. Ijamprid. in 
Commod. fin. 

On the day of the exhibition the gladiators were led along the 
. arena in procession. Then they were matched by pairs, (pana tit- 
ter iie componebanlur vel (^mparahaniur^) Hoi^t. 8at. I. vii. 20. and 
their swords were examined {explorahantur) by the exhibitor of the 
games, Suet. Tit. 9. 

The gladiators, as a prelude to the battle, {praludentes vel prolu* 
denies^sX first fought with wooden swords or the like, flourishing (vert* 
ttlanies) their arms with great dexterity, Cic, de OraL ii. 78. Senec. 
Ep. 117. Ovid, de ArL Am. iii. 515. 589. Then upon a signal 
given with a trumpet, {sonabaril ferali clangore iubtt,) they laid aside 
these, (arma lusoria^ vedea \cl gladios hebetes ponebant v. abjiciehanl^) 
and assumed their proper arms {arma pvgnatoria vel dfcretona^i. 
e* gladios acutos i%tmebant^) Quinctilian. 10. 5. 20 ; & Suet. Cal. 
54. They adjusted themselves (ite ad pvgnam componebantf Cell, 
vii. 3.') with great care, and stood in a particular posture, (m ^/o/u vel 
gradti stabaiU^) Plaut Mil. iv. 9. 12. Hence moverif dejict\ vel de* 
turbari de slatumenliif ; depelli^ dejiciy vH demoveri^gradu^ &c. Cic. 
Off. i. 23. Ati. xvi. 15. Jiep. ThemixL 5. Liv. vi. 3S. Then they 
pushed at one another ( peUbanl) and repeated the thrust (repeiebanif) 
Suet. CaL 58. They not only pushed with the point, ( /.u/ic/im,) but 
also struck with the edge, (casim,) It was more easy to parry or 
avoid {cavere, propuUare^ exire, effugere^ excedere^ eLudere,) direct 
thrusts, {ictiis adversost et rectus ac sirriplices manuSf) than back or 
side strokes, (manus vel petUiones aversas tectasqm^) Qmnciiiian. v. 
I3;54. ix. 1. 20. Ftr^. ix.439. Cic. Cat.l 6. They therefore 
took particular care to defend their side, (latus tegere ;) beticeltUerp 
tecto abscedere^ to get off safe, Ter. Heau]. iv. 2. 5. Per alterius la^ 
fusoeti^Kjic Vat. 5. Latus apertum vel nudum dare; to expose one^s 
sen to danger. tibulL i. 4. 46. Some gladiators had the faculty of 
not winking. Two such belonging to the Emperor Claudius were 
on that account invincible, Plin. xi. 37. s. 54. Senec. de Ir. ii. 4. 

When any gladiator was wounded, the people exclaimed, Habkt, 
8C. vulniis^ vel hoc habet^ he has got it. The gladiator lowered [sub* 
tnittebat) his arms as a sign of his being vanquished ; but his fate de- 
pended on the pleasure of the people, who, if they wished him to be 
saved, pressed down iheirihumhst {pollicempremebant,) Horat. E^ 
i. 18. 66. if to be slain, they turned up th^ir thumbs, {pollictm vtr- 
iebanit Juvenal, iii. 36. (hence laudate utroque pollice^ I e. xalde^ 
HoFUU Ep. i. 18. 66. Plin. 28. 2.,s. 5.) and ordered him to receive 



KOMAN GAMES. Stft 

€bB iword {ferrum nc^ere^) whichgladiators usually submitted to 
VfHh amazing foriitudey Oc. SexL 97. Tttfc. iL 17. ML 34. Senec; 
Ep. 7« & 177. de TranquiL Animi^ c. IL C(miL Sap. 16. Some- 
times a gladiator was rescued by the entrance of the emperor« Ovid, 
4{e Pon<. il 8. 53« or by the will of the £ebW. 

The rewards given to the victors were a pakn, Martial de fyect, 
33. Henoe plutimaruni palmarimi gladiator^ vfho had frequently 
€OBquered ; Ctc. Rose. Am. 6. Alias suas palmas cognoscet^ i. e. 
cadesy ibid. 30. Palma Itmniscaia^ a palm crown^ with ribands 
ijkmnisci) of different colours hanging from it« ibid. 35. Festus. Stx- 
iapalmm urhana etiam in Gladiatore difficilis^ Cic. Phil. j\. 5. — ^mo- 
ney, Suet. Claud. 2L Juvenal vii. ulL and a rod or wooden sworcL 
{rudis,) as a sign of their being discharged from fighting ; which was 
granted by Ibe Editor^ at the desire of the people, to an old gladia- 
tor, or even to a novice for some uncommon act of courage. Those 
who received it (rude donatt) were called Rudiarii, and fixed their 
arms in the temple of Hercules, Horat Ep. i. 1. Ovid Trist. iv. 8. 
^. But they were afterwards sometimes induced b}rgreat hire 
iingente auctoramento) again to engage, fi^tie^ 7i6. 7. Those who 
were dismissed on account of age or weakness, were said delusisse^ 
Plin. xxxvi. 27. 

The spectators expressed the same eagerness by bettin£ {sponsion 
nibus) on the different gladiators, as in the Circus^ Suet. T8». 8. Do- 
mit. 10. Martial, ix. 68. 

Till Ihe year693» the people used to remain aN day at an exhibit 
tion of gladiators without intermission till it was finished ; but then* 
for the first time, they were dismissed to take dinner, Dio^ xxxvii^ 
46. which custom was aflerwards obsenred at all the spectacles ex- 
hibited by the emperors, ibid, et Suet. Horace calls mtermissions 
SVen to gladiators in the time of %hting, or a delay of the combat* 
iLUDf A, 'Orumy Ep. L 19. 47. & Scholiast, in loc 

* Shows of gladiators, {cruenta spectactda,) were prohibited by 

* The shows, of dadiators will, as longas history remains, eontinoe to ^e consi- 
idered as a most barharous» cruel, and inhttman practice; and disgraceiiil to those who 
«Dcoaraged or permitted it. The diversion, as it was called, was borrowed from the 
Asiatics ; and that it was practised under tliose monsters of •crueltjTj Nero and Domi- 
iian^ is no matter of woader ; bat that it should hare been porsued both fn tha JBosC 
and WBst^ even after the prohibition of the Christian Emperora, discoTers suoh depth 
of depravity, as would appear incredible, were not the truth of it supported by indis- 
putable facts. Though ifonorms, as mentioned in the text, had prohibited these 
shows on the occasion of the death of Tdemaehus, who, on his return from the East 
to Rome, at the time of one of these spectacles, had gone down into the Afuim, and 
^ised all his endeavonrs to prevent the gladiators from continuing their combats; and 
who was stoned to death by the enraged spectators, for his humane interference : vet 
the detestable practice was not entirely aoolished In the W^st before TftsedM:, king 
<^the Oslrogoiks. 

The gladiators, about the ^ear of the city 680, nnderihe conduct of Sparlmau, Cri' 
SMf, and Oenomaus, maintained for a short time a war against the Roman peoplo. 
These men having escaped, with other gladiators, to the number of 74, out of the 
plae<f*where they bad been kept at Capua, gathered to^edier a body of slaves, p«t 
themselves at their head, rendered themselves masters of all Campania, and gahUd 
several victories over the Roman FrsBtors. They were at length deiSsated in the year 
493, at the«itremity of Italy ; having in vain endeavoured 4o pass over into Sic%. E^ 

3S 



SOS ROMAN ANTIQUITIES. 

Constantine, Cod. xL 43. but not entirely suppressed till the time 
of Honorius, Pnident. contra Symmach. iu 11. 21. 

III. DRAMATIC EKTERTAIKMENTS. 

Dramatic entertainments, or stage-plays {ludi sctnici^) vrere first 
introduced at Rome, on account of a pestilence, to appease the di- 
vine wrath, A. U. 391. Liv* vii. 2. Before that time there had only 
been the cames of the Circus. They were called LUDI SCENICi, 
because they were first acted in a shade, (Cxia, umbra,) formed by 
the branches and leaves of trees, Ovid, de Art. Am. i. 105. Serv. in 
Virg. JEn.i. 164. or in a tent, (tfx*)vij, tabernaciUum :) Hence after- 
wanls Uie front of the theatre, where the actors stood, was called 
ScENA, and the actors SCENICI, Suet. Tib. 34. Cic. Plane. U. 
Verr. iii. 79. or Scenici Artifices, Suet. Cas. 84. 

Stage-plays were borrowed from Etruria ; whence players (/u- 
diones) were called Histriones, from a Tuscan word, hisler, i. e. 
ludio ; for players also were sent for from that country, Liv. vii. 2. 

These Tuscans did nothing at first but dance to a flute, {ad tibivi- 
fds modoSf) without any verse or corresponding action. They did not 
speak, because the Romans did not understand their language, ibid. 

The Roman youth began to imitate them at solemn festivals, es- 
pecially at harvest-home, throwing out raillery against one another 
in unpolished verse, with gestures adapted to the sense. These ver- 
ses were called Versus fiscENNiNi, from Fescennia, or -ium, a city 
of Etruria, Horat. Epist. II. i. 145. 

Afterwards, by trequent use, the entertainment was improved, 
{iCBpius usurpanJo res excitata est,) and a new kind of dramatic com- 
position was contrived, called SATYRiE or Saturjs, Satires, be- 
cause they were filled with various matter, and written in various 
kinds of verse, in allusion to what was called Lanx Satura, a plat- 
ter or charser filled with various kinds of fruits, which they yearly 
offered to the gods at their festivals, as the Primitice, or first gather- 
ings of the season. Some derive the name from the petulence of 
the Satyrs. 

These satires were set to music, and repeated with suitable ges- 
tures, accompanied with the flute and dancing. They had every 
thin^ that was agreeable in the Fescennine verses, without their ob- 
scenity. They contained much ridicule and smart repartee ; whence 
those poems afterwards written to expose vice got the name of sa- 
tires ; as, the satires of Horace, of Juvenal, and of Persius. 

It was LIVIUS ANDRONICUS, the freedman of M. Livius Sa- 
linator, and the preceptor of his sons, who, giving up satires, {absatu- 
ris, i. e. saturis relictisj) first ventured to write a regular play, (ar- 

fumenio fahulam serere,) A. U. 512, some say, 514 ; the year before 
innius was born, Cic. Brut. 18. above 160 years after the death of 
Sophocles and Euripides, and about fifty-two years after that of Me- 
nander, Gell. xvii. 21. 

He was the actor of his own compositions, as all then were. — Be- 
ing obliged by the audience frequently to repeat the same part, and 
thus becoming hoarse, (gmim vocem obtudisset,) he asked permission 



DRAMATIC ENTERTAINMENTS. SM 

to employ a boy to sing to the flute, whilst he acted what was sung 
{caniicum agehat,) which he did with the greater animation, as he 
was not hindered by using his voice. Hence actors used always to 
have a person at band to sing to them, and the colloquial parts (di- 
verbia) only was left them to repeat, Liv. vii. 2. It appears there 
was commonly a song at the end of every act, Piaut. Pseud, ii. ult. 

Plays were afterwards greatly improved at Rome from the model 
of the Greeks, by Njevius, Ennius, Plautus, CiEciLius, Terence, 
Afranius, Pacuvius, Accius, &c» 

After playing was gradually converted into an art, {Indus in artem 
paulmim verteraty) the Roman youth, leaving regular plays to be act- 
ed by professed players, reserved to themselves the acting of ludi- 
crous pieces or farces, interlarded with much ribaldry and buffoon- 
ery, called EXODIA, Juvenal, iii. 175. vi. 71. Suet. Tib. 45. Domit. 
' 10. because they were usually introduced after the play, (when, the 
players and musicians had left the stage,) to remove the painful im- 
pressions of tragic scenes. Scholiast, in Juvenal, iii. 175. or Fabel- 
LiE Atbllan£, Liv, vii. 2. or, Ludi Osci,- Cic. Fam. vii. 1. Ludi- 
CRUM OscuM, Tacit. Annal. iv. 14. from Aiella^ a town of the Osci 
in Campania, where they were first invented and very much used. 

The actors of these farces (Atellani vel Atellanarum actoresy) re- 
tamed the rights of citizens, {non tribu moti sunty) and might serve in 
the army, which was not the case with common actors, who were 
not respected among the Romans, as among the Greeks, but were 
held infamous, Ulpian. 1. 2. § 5. D. de his qui not. infam.^-^Nep. 
Prcefat. Suet. T%b. 35. 

Dramatic entertainments, in their improved state, were chiefly of 
three kinds. Comedy y Tragedy y and Pantomimes. 

1. Comedy, (COMOEDIA, quasi xMfwjg w5>j, the song of the village,) 
was a representation of common life, {quotidians vitoB speculum^ 
written in a familiac style, and usually with a happy issue. The de- 
sign of it was to expose vice and folly to ridicule. 

Comedy, among the Greeks, was divided into old, middle, and 
new. In the first, real characters and names were represented ; in 
the second, real characters, but fictitious names ; and in the third, 
both fictitious characters and names. Eupolisy Cratvtusy and ^m- 
tophdnes excelled in old comedy, and Menander in the new, Ho* 
rat. Sat. I 4. Epist. ii. 1. 57. Quinctilian, x. 1. Nothing was ever 
known at Rome but the new comedy.. 

The Roman comic writers, Naevius, Afranius, Plautus, Csecilius, 
and Terence, copied from the Greek, chiefly from MENANDER, 
who is esteemed the best writer of comedies that ever existed, Quinc- 
tilian. x. 1. but only a few fragments of his works now remain. 
We may, however, judge of his excellence from Terence, his princi- 
pal imitator. 

Comedies, among the Romans, were distinguished by the charac- 
ter and dress of the persons introduced on the stage. Thus come- 
dies were called Togatje, in ^hich the characters and dress were 
Roman, from the Roman togay Juvenal, i. 3. Horat. Art. P<^ 288. 
«o carmen togatum, a poem about Roman affairs, StaU Sih. iL 7, 5S. 



ao# ttOMAN ANriQtJiTl£fi(. 

PtLMTiLXTATJB. vel Prattxta^ when magistrates and peitontf of <{jffnw 
ly were introduced ; but sooie take these for tragedies, ibid. Tra- 
t£ATA, when generals and officers were introduced, SueL Gramm, 
31. Tabernarlb, when the characters were of low rank, Horat. JlrU 
PoeL 325. Palli ATA, when the characters were Grecian, from/>a//t- 
nm, the robe of the Greeks. Motoric, when there were a great many 
striking incidents, much action^ and passionate expressions, Sta« 
TARiA, when there was not much bustle or stir, and Kttle or nothing 
to agitate the passions ; and Mixta, when some parts were gentle 
and qiliet^ and others the contrary^ Terent, Htavi, jproL 36. DtmaL 
in Tertnt, Cic Brut, 116. The representations of tne Atdkmi were 
called Comaidia Atellana^ 
. The actors of Comedy wore a low-heeled shoe, called Soccus. 

Those who wrote a play, were said docert vel facert fabidam f 
if it was approved^ it was said stare, stare recto talOf placere^ &c. tf" 
hat, cadere^ exij^i, exsibitari, &c. 

II. lHAGED Y is the representation of some one serious and iW 
portant action, in which . illustrious persons are introduced, as he* 
roes, kings, &c< written in an elevated style^ and generally with an 
unhappy issue. The great end of tragedy was to excite the pas- 
sions, chiefly jpity and horror ; to inspire the love of virtue, and an 
abhorrence of vice, Cic. de Orat. i. 51. It had its name, accord- 
ing to Horace, from r^ayo^, a goat, and ^ii, a song ; because a goat 
was the prize of the person who produced the best poem, or was the 
best actor, dt jiftJ Poet, 220. to which Viigil alludes, Eel. iii. 22. 
according to others, because such a poem was acted at the festival 
of Bacchus after vintage, to whom digoat was then sacrificed, as be- 
ing the destroyer of the vines ; and therefore it was called, ^'faT^Mc, 
thegoaCs sotig.^ (Primi ludi theatrales ex Liberalibus, ruaii aunif 
from the feasts of Bacchus, Serv. ad Virg. G. li. 381.) 

THESPIS, a native of Attica, is said to have been the inventor 
of tragedy, about 536 years before Christ. He went about with his 
actors frdm village to village^ in a cart, on which a temporary stage 
was erected, where they played and sang, having their faces be« 
ameared with the leesof wine^ {pertmctifacibus ora^) Horat de ArL 
Poet. 275. whence, according to some, the name of Tragedy, (from 
^1^9 -U70J:, new wine not refined, or the lees of wine, and cj^, a sing- 
er ; hence c^u/u^ij^ , a singer thus besmeared, who threw out scora 
and raillery against people.) 

. Thespis was contemporary with Sdon, who was a great enemy to 
his dramatic representations, Plutarch, in Solone. 

Thespis was succeeded by i£schylus» who erected a permanent 
*tage, (modicis instravit pulpitOy tignis^) and was the inventor of the 
m^tsk, (personot) of the long flowing robe, (palla^ atola, vel syrma^) 
and of the high-heeled shoe or buskin, {cothurnus^) which tragedians 
wore ; whence these words are put for a tragic style, or for tragedy 
itselC yirg* Bel. viii. 10. Juvenal, viii. 229. xv. 30. Martial. liL 20« 
iv. 4&. V. 5. viii. 3. Horat. Od. ii. I. H2. as soccus is put for a co- 
medy or familiar style, Id. Epist, ii* 174 ArL Pott, 80* 90. fftc 



DRAMATIC ENTERTAINMENTS. 301 

timtuKa in cothurnos asswrgit^ nee contra tragadia socco mgredUur^) 
Quinctilian, x. 2. 22. 

As the ancients did not wear breeches, the players alvrays wore 
under the tunic a girdle or covering, (Subuoaculum tcI Subuqae 
verecunduz catu&f) Cic Off. i. 35. Juvenal, vi. 60. Martial iii. 87. 

After iEschylus, followed Sophocles and EaaiPiDEs, who brought 
tragedy to the highest perfection* In their time comedy began mt 
to be considered as a distinct composition from tragedy ; but at 
Rome comedy was long cultivated, before any attempt was made to 
compose tragedies. Nor have we any Roman tragedies extant, ex- 
cept a few which bear the name of Seneca. Nothing remains of the 
works of Ennius, Pacuvius, Accius, &c. but a few fragments. 

Every regular play, at least among the Romans, was divided in* 
to five acts, Horat. ArL Poet 189. the subdivision into scenes is 
thought to be a modern invention. 

Between the acts of a tragedy were introduced a number of sing- 
ers called the CHORUS, Horat. de Art. Poet. 193. who indeed ap- 
pear to have been always present on the stage. The chief of thena, 
who spoke for the rest, was called Chorfj^us or CorypJueus. But 
Cu OR AG us is usually put for the person who furnished the dresses, 
and took care of all the apparatus of the stage, Plaut. Pera. i. 3. 79. 
Trinumm, iv. 2. 16. Suet. Aug. 70. and ehoragium for the appara- 
tus itself, (instntmentum scenarumj Fest) Plaut Capt. prol. 6l.Plin. 
xxxvi. 15. choragia for choragij Vitruv. v. 9. hence /a/sce ehoragium 
gloriiBf comparetur^ their dress may be compared to false glory, Cie. 
ad Herenn. iv. 50. 

The Chorus was introduced in the ancient comedy, as we see from 
Aristophanes ; but when its excessive licence vras suppressed by law, 
the Chorus likewise was silenced, Horat. Art. Poet. 283. A Cho* 
ragus appears and makes a speech, Plaut. Cure. iv. 1. 

The music chiefly used was that of the flute, which at first wa« 
small and simple, and of few holes, Horat. Art. Poet. 202. but after- 
wards it was bound vnth brass, had more notes and a louder sound. 

Some flutes were double, of various forms. Those most frequent- 
ly mentioned, are the Tibia dextrce and sinistra^ pares and impares^ 
which have occasioned much dispi|tation among critics, and still ap- 
pear not to be sufficiently ascertained. The most probable opinion 
IS, that the double flute consisted of two tubes, which were so joined 
together as to have but one mouth, and so were both blown at once. 
That which the musician played on with his right hand was called 
tibia dextra^ the righthanded flute ; with bis left, tibia sinistra^ the 
left-handed flute. The latter had but few holes, and sounded a deep 
serious bass ; the other had more holes, and a sharper and more 
Hvely tone. Piin. 16. 36. s. 66. Varr. R. R. 1. 2. 15. When two 
right or left-handed flutes were joined together, they were called fi- 
bim pares dextras^ or tibia pares sinistra. The flutes of difierent sorts 
were called tibia impares, or tibia dextra et sinistra. The right- 
handed flutes were the same with what were called the Lyman 
flutes, {Tibia L^dia,) and the left-handed with the Tyrian flutes, 



303 ROMAN ANTIQUITIEST. 

(TtftuB Tyri<B or SarrnmZf vel Serrawz.) Hence Virgily Biforem dai 
tibia cantuniy i. e. bisonum^ imparem, JEn. ix. 618. Sometimes the 
flute was crooked, Firg. JEn^ vii. 737. Ovid, Met, iii. 532. and is then 
called Tibia Phrygia or comu. Id. de Pont I. i. 39. Fast. iv. 181. 

III. PANTOMIMES were representations by dumb show, in 
which the actors, who were called by the same name with their per- 
formances, {Mimi vel Pantominiy) expressed every thing by their 
dancing and gestures without speaking, {loquaci manu ; hence called 
also CfUronami,) Juvenal, xiih 110. vL 63. Ovid. Trist. ii. 515. 
Martial, iii. 86. Herat. L 18. 13. ii. 2. 125. Manil. v. 474 Suet. 
Ner. 54. But Pantomimi is always put for the actors, who were like- 
wise called Planipedes, because they were without shoes, {excalceatiy) 
Senec. Epist. 8* Quinctilian. v, 11. Juvenal, viii. 191. Cell. i. 11. 
They wore, however, a kind of wood or iron sandals, called Sca- 
BiLLA or Scabella, which made a rattling noise when they danced, 
Cic. Cml. 27. Suet. Cal. 54. 

The Pantomimes are said to have been the invention of Augustus ; 
for before his time the Mimi both spoke and acted. 

MIMUS is put both for the actor and for what he acted, Cic, Cal. 
27. Verr. iii 36. Rahin Post. 12. Phil, ii, 27. not only on the 
stage, but elsewhere, SueL Cms, 39. J^Ter. 4. 0th. 3. Calig. 45. Avg. 
45. 100. Sen. Ep. 80. Juoenal. viii. 108. 

The most celebrated composers of mimical performances or far- 
ces, {mimogr&phi^) were Laberius and Publius Syrus, in the time of 
Julius Cffisar, Suet. Jul. 39. Horat. Sat. i. 10. 6. Gell. xvii. 14. 
The most famous Pantomimes under Augustus were F^lades^ 
and Bathyllus, the favourite of Maecenas, Tacit. Annal. i. 54. He 
is called by the Scholiast on Persius, v. 123. his freedman, {libertua 
MoBcenotis ;) and by Juvenal, mollis^ vi. 63. Between them there 
was a constant emulation. Pylades being once reproved by Augus- 
tas on this account, replied, '< It is expedient for you, that 
the attention of the people should be engaged about us.'^ Pylades 
was the great favourite of the public. He was once banished by 
the power of the opposite party, but soon after restored, Dio. liv. 
17. Macrob. Sat. ii. 7. The factions of the different players, Se- 
nee. Ep. 47. Mxt. Q. vii. 22. Petron. 5. sometimes carried their 
discords to such a length, that they terminated in bloodshed, Suet. 
Tib. 37. 

The Romans had rope dancers (Fltnahbuli, Schcenob&ta vel .ATeti- 
robata) who used to be introduced in the time of the play, Ter. Hec. 
ProL 4. 34. Juvenal, iii. 77. and persons who seemed to fly in the 
air, (PETAURisTiE,) who darted (jactabant vel excutiebant) their bo- 
dies from a machine called Petaurum, vel -t^x, Festus. Juvenal, xiv. 
265. Manil. iii. 438. Martial, ii. 86 ; also interlude's or musical en- 
tertainments, called Embolia, Cic. Sext. 54. or acroamata ; but this 
last word is usually put for the actors, musicians, or repeaters them- 
selves, who were also employed at private entertainments, Cic. ibid, 
Verr. iv. 22. Arch. 9. Suet. Aug. 74. Macrob. Sat. ii. 4. Jiep. Att. 14. 

The pla^^s were often interrupted likevnse by the people calting 
out for various shows to be exhibited ; as, the representation of bat- 



DRAMATIC ENTERTAINMENTS. SOS 

tiesy triumphal processions, gladiators, uncommon animals, and wild 
beasts, &c. The noise which the people made on the occasions, is 
compared by Horace to the raging of the sea, Epist II. i. 185. &c. 
In liKe manner, their approbation, (plataus^) and disapprobation, (<t- 
MtiSf slrepitus^ fremitus^ clamor tonUrutrnhf Cic Fam. viii. 2. fistula 
pastoritiaf Alt 16.) which at all times were so much regarded, Cic. 
Pis. 27. Sext. 54. 55. 56. &c. Horat. Od. i. 20. ii. 17. 

Those who acted the principal part of a play, were called Adores 
primanunpartium ; the second, secvndarum partvan ; the third, tertu 
arunif &c. Ter. Phorm. pro]. 28. Cic. in Caecil. 15. & Ascon. in loc. 

The actors were applauded or hissed, as they performed their 
parts, or pleased or displeased the spectators, QuincHlian. vi. 1. Cic. 
Rose. Com, 2. Ait. i. 3. 16. When the play was ended, an actor al- 
ways said, Plaudite, Terent. 4'C. 

Those actors who were most approved, received crowns, &c. as 
at other games ; at first composed of leaves or flowers, tied round 
the head with strings, called Struppi, strophia^ v. -to/a, Festus, Plin* 
xxi. 1. afterwards of thin plates of brass gilt, (e lamina area ^e- 
nid inaurata aut itiargentata^) called Corolla or corollaria ; first 
made by Crassus of sold and silver, Plin. xxi. 2. 3. Hence CORO- 
LIARIUM, a reward given to players over and above their just hire, 
{addition prator quam quod debitum est^) Varra de Lat. Ling. iv« 
3a Plin. Ep. viL 24. Cic. Verr. iii. 79. iv. 22. Suet Aug, 45. or 
any thing given above what was promised, Cic. Verr. iii. 5(X Plin. 
ix. 35. 8. 57. The Emperor M. Antonius ordained that players 
should receive from five to ten gold pieces, (aureiy) but not more, 
Capitolin. 11. 

The place where dramatic representations were exhibited, was 
called THEATRUM, a theatre, (a ^mo^mxi, video.) In ancient times 
the people viewed the entertainments standing ; hence stantes for 
spectators, Cic. Amic. 7. and, A. U. 599, a decree of the senate was 
made, prohibiting any one to make seats for that purpose in the city, 
or within a mile of it. At the same time a theatre, which was build« 
ing, was, by the appointment of the censors, ordered to be .pulled 
down, as a thing hurtful to good morals, {nociturum publids moribuSf) 
Liv. Epit xlviiL Valer. Max. il 4. 3. 

Afterwards temporary theatres were occasionally erected. The 
most splendid was that of M. ^milius Scaurus, when ^dile, which 
contained 80,000 persons, and was adorned with amazing magnifi- 
cence, and at an incredible expense* Plin. xxxvL 15. s. 24. 8. 

Curio, the partisan of Cassar, at the funeral exhibition in honour 
of his father, (funebri patris munere^) made two large theatres of 
wood, adjoining to one another, suspended, each, on hinges, (oardt- 
niun singulorum versatili suspensa lUframento,) and looking opposite 
ways, {inter se aversa^) so that the scenes should not disturb each 
<4her by their noise, (ne invicem obstreperent ;) in both of which he 
acted stage-plays in the former part of the day ; then having sud* 
denly wheeled them round, so that they stood over against one an- 
other, and thus formed an amphitheatre, he exhibited shows of Ra- 
diators in the afternoon, Plin. xxxvi. 15. 



304 ROlifAN ANTIQUITIES. 

Pompey fint reared a theatre of hewn stone in hk second ccmsal- 
^ahip, which contained 40JOO(i ; but that he might not incur the ani^ 
madversion of the censors, he dedicated it as a temple to Venus; 
Suet. Claud. 21. Tertullian. de Sped. 10. Plin. viii. 7. Dio. xxxix. 
3S. Tacit, xiv. 19. There were afterwards several theatres, and 
in particular those of Marcellus, Dio. xliii. 49. and of Balbus, near 
that of Pbmpey, Ovid. Trist. iii. 12. 13. Amor, ii. 7. 3. hence caHed 
IrM theatra^ the three theatres. Suet. Aug. 45. Ovid. Art. iil 304. 
TVist. iii. 12. 24. 

Theatres at first were open at top, and, in ezcesnve heat or rain, 
coverings were drawn over them, as over the amphitheatre, Plin. 
xix. 1. 8. 6. XXX vi. 15..S. 24. Lucrel. iv. 73. but in later times they 
were roofed, Stat. Sylv. iii. 5. 91. 

Among the Greeks, public assemblies were held in the theatre, 
Cic. FUuc. 7. Tacit, ii. 80. Sentc. Epist. 108. And among the Ro* 
mans it was usual to scouige malefactors on the stage, Suet. Avg^ 
47. This the Greeks called 9t()M-;i^ffiv et ira^^ti/pban^ffiv. 

The theatre was of an oblong semicircular form, like the half of 
U amplutheatre, Plin. xxxvi. 16. The benches or seats {jgraAm 
vel cunet) rose above one another, and were distributed to the differ- 
ent cmiers in the same manner as m the amphitheatre^ The fore- 
most rows next die stage, called Orchetira^ were assigned to the se* 
nators and ambassadors of foreign states ; fourteen rows behind them 
to the eouiieSf and the rest to the people. Suet. Aug. 44. The whole 
was called CAVEA. The foremost rows were called Cavnt prima, 
or ima ; the hst^cavea ultima or stcmma, Cic ^nect. 14. The mid- 
dle, ca;oea media^ Suet. ibid. 

The parts of the theatre allotted to the performers, were called 
Scena Positceniumj Proscenium^ Pidpitum, and Orchestra. 

1. 8GENA, the scene, was adorned with columns, statues, and 

Sictures of various kinds, according to the nature of the plays exhi« 
ited, Vitruv. v. 8. to which Virgil alludes, JEn. i. 166. 432. The 
ornaments were sometimes inconceivably magnificent, Valer. Max. 
iL 4. 6. Plin. xxxvi. 15. s. 24. 

When the scene was suddenly changed by certain machines, it 
was called Scena Versatilis ; when it vi^as drawn askle, Scbna 
D0CTILIS, Serv. ad Virg. G. iii. 24. 

The scenery was concealed by a curtain, (AUIJEXJM vel Sipa* 
rtum, oftener plural -a,) which, contrary to the modern custom, was 
dropt {premebatur) or drawn down, as among us the Minds of a car* 
riage, when the play began, and raised {tollehatur) or drawn up, 
when the play was over ; sometimes also between the acts, Horat. 
Ep. ii. 1. 189. Art. Poet. 154. Ovid. Met. iii. 111. Juvenal, vi. 166. 
The machine by which this was done was called Exostha, Cic. prov. 
Cons. 6. Curtains and hangings of tapestry were also used in pri« 
vate houses, Virg. Mn. L 701. Horat. Od. iii. 29. 15. Sat. u. 8. 54i 
caHed Autma Attalica^ because said to have been first invented at 
the court of Attains, king of Pergamus, in Asia Minor, Propert ii. 
33. 46. Serv. in Virg. JEn. i. 701. 

2. POSTCENIUM, the place behind the scene, where the actors 



L£VYtN6 Of SOLmBRS. ao& 

dieflied and undressed ; and where those things were snptiosed to be 
done, which could not with propriety be exhibited on the stage* 
Jtorat. de Art. P. 182. Lucrtt. iv. 1178. 

3. PROSCENIUM, the place before the scene, where the actors 
appeared. 

The place where the actors recited their parts was called PITL* 
PITUM ; and the place where they danced, ORCHESTRA, whitih 
was about five feet lower than the Pulpitttm, Vitruv. v. 6. Hence 
Ludibria scend tt pulpiio digna, buffooneries fit only for the stage, 
Plin. Ep. iv. 25. 

MILITARY AFFAIRS of the ROMANS. 

I. LEVYING of SOLDIERS. 

Thc Romans were a nation of warriors. Every citizen wai ob« 
liged to enlist as a soldier when the public service required, firotii 
tro a|(e of seventeen to forty-six; nor at first could any one enjov 
an office in the city who had not served ten campaigns, Polyb. vi. 
17. Every foot soldier viras obliged to serve twenty campaigns, and 
every horseman ten. At fir^, none of the lowest class was enlisted 
as soldiers, nor freedmen, unless in dangerous junctures, Liv. x. 3L 
xxii. 11. 57. But this was afterwards altered by Marius, Sallust. 
Jug. 86. QM. xvi. 10. 

The Romans, during the existence of the republic, were almost 
always engaged in wars ; first, with the different states of Italy, fcnr 
near 500 years, and tjl0n for about 300 years more in subduing the 
various countries which composed that immense empire. . 

The Romans never carried on any war, without solemnly pro- 
claiming it. This was done by a set of priests Called Fbcialbs. 

When the Romans thought themselves injured by any nation, they 
sent one or more of these Feciales to demand redress, {ad res repe^ 
tendoi,) Liv. iv. 30. xxxviii. 45. Varr. L. L. iv. 15. Dionys. il 
73. and, if it was not immediately given, thii1y*three days were 
granted to consider the matter, after which, war might be justly de* 
chired. Then the FecicUea again went to their confines, and havii^ 
thrown a bloody spear into them, formally declared war against thai 
nation, Ldv. i. 33. The form of words, which he pronounced- be- 
fore he threw the spear^ was called CLARIGATIO, (a clara voce 
qm utebaiur^) Serv. in Virg. ^n. ix. 53. x. 14. Plin. xxii. 3. Af- 
terwards, when the empire vms enlai^ed, and wars carried on with 
distant nations, this ceremony was performed in a certain field near 
the city, which was called Aqee Hostilis, Ovid. Fast. vi. 305. Thua 
Augustus declared war professedly against Cleopatra, but in reality 
against Antony, Dio, I 4. So Marcus Antoninus, before he set out 
to war against the Scythians, shot a bloody spear from the temple 
of Bellona into the ager hostility Dio. Ixxi. 53. 

In the first ages of the republic, four legions for the most part were 
annually raised, two to each consul : for two legions composed a oon- 
wA» army. But often a greater number was rs^i»edi ten, Xtv. ii. 30. 

89 



90e aOliAN ANTIQUITIES 

Til 35. e|ghteeD» zxit. II. twenty, xxx. 2. twenty-one, zxri. 2& 
xxvii. 24. twenty-three, xx. L xxviii. 38. Under Tiberius twenty- 
five, even in time of peace, besides the troops in Italy, and the 
forces of the allies, Tacit, Jinnal. iv. 5. under Adrian thirty, Spar^ 
tian. 15. In the 329lh year of the city, upon the report of a Gallic 
tumult, Italy alone is said to have armed 80,000 cavalry, and 700,000 
foot, piin, iii. 20. s. 24. But in after times, when the lands were 
cultivated chiefly by slaves, Liv. vi. 12. it was not so easy to procure 
soldiers. Hence, after the destruction of Quintilius Varus and his 
army in Germany, A. U. 763, Augustus could not raise forces even 
to defend Italy and Rome, which he was afraid the Germans and 
Gauls would attack, without using the greatest rigour, Dto. Ivi. 23. 

The consuls, after they entered on their office, appointed a day 
(diem edicebatitf vel indicebanl^) on which all those who were of the 
military age should be present in the capitol, Liv, zxvi. 31. Polyb» 
vi. 17. 

On the day appointed, the consuls, seated in their curule chairs, 
held a levy (de/ec/a/n habebanl^) by the assistance of the military or 
le^onary tribunes, unless hindered by the tribunes of the commons, 
Iav. iii. 51. iv. I. It was determined by lot iu what manner the 
tribes should be called. 

The consuls ordered such as they pleased to be cited out of each 
tribe, and every one was obliged to answer to his name under a se- 
vere penalty, Liv. iii. II. dL 41. GeiL xi. 5. Valer, Max^ vi. 3. 4. 
They were careful to choose (Ifgere) those first, who had what they 
thought lucky names, {bona nomzVuz,) as Valerius^ Salvlu8, Staiorius^ 
6lc. Cic. Divin. i. 45. Festus in Voce I^nus LucRiKOis. Their 
names were written down on tables ; hence scribere^ to enlist, to 
levy or raise. 

In certain wars, and under certain commanders, there was the 
greatest alacrity to enlist, (namina darr^) Liv. x. 25. xlii. 32. but this 
was not always the case. Sometimes compulsion {coercitio) was re- 
quisite ; and those who refused, (refractarii, ovi militiam iUlrtc^ 
tabani^) were forced to enlist (sacramtnlo adarii) oy fines and corpo- 
ral punishment, (damno ti virgis^) Liv. iv. 53. vii. 4. Sometimes 
they were thrown into prison, ibid. & Dionys. viii. or sold as slaves, 
Ctr. Cacin. 34. Some cut off their thumbs or fingers to render 
themselves unfit for service : Hence pollice trunci^ poltroons. But 
this did not screen them from punishment, SueL .dug. 24. Valtr. 
Max. vi. 3. 3.. On one occasion Augustus put some of the most re- 
fractory to death, Dio. Ivi. 23. 

There were, however, several just causes of exemption from mi- 
litary service, {vacationis militia vel a militia^) of which the chief 
were. Age, {^tas,) if above tifty, Ltv, xlii 33. 34. Disease or in- 
firmity, {morbus vel rt/ti/m,) Suet. Aug. 24. OflSce, {honor^) being a 
magistrate or priest, Plutarch, in Camiii. vers. Jin. Favour or indul- 

Snce {beneficium) granted by the senate or people, Cic. Phil. v. \9. 
Nat. D. iu 2. Liv. xxxix. 19. 

Those also were excused who had served out their time, (EMsai* 
Ti» 9m sHpendia explevisnnt, vel DUuncTi, Ovid. Anwr^ iL 9. 24.) 



LEVYING OP SOLDIERS. 807 

Ghich' as claimed this exemption, applied to the tribunes of the com- 
mons, Liv. ii. 55. who judged of the justice of their claims, {catLsas 
co^ioitctbanty) and interposed in their behalf or not, as they judged 
proper. But this was sometimes forbidden by the decree of the 
senate, Lh. xxxiv. 56. And the tribunes themselves sometimes re« 
ferred the matter to the consuls, Liv. xlii. 32. 33. &c. 

In sudden emergencies, or in dangerous wars, as a war in Italy» 
or against the Gauls, which was called TUMULTU8, {quasi timor 
multus, vel a tumeo^) Cic. Phil. v. 31. viii. 1. Qninctilian. vii. 3. 
no regard was had to these excuses, {Helecfus sine vacaiionibvs habi- 
iu$ est,) Liv. vii. 11. 28. viii. 20. x. 21. Two flags were displayed 
{vexilla sublata vel prolata sunt^) from the capitol, the one red, {ro^ 
sewn^) to summon the infantry, (ad pedites evocandos,) and the other 
green,, (rceru/etim,) to summon the cavalry, Serv. in Virg. JBn. viii. 4 

On such occasions, as there was not time to go through the usual 
forms, the consul said, Qui rempuklk am salvam esse vult, mb sb- 
QUAiuji. This was called CONJURATIO, or €voca/io, and men 
thus raised, Coivjuanr, Liv, xxii. 38. Cas. de BetL Cr.- vii, I. who 
were not considered as regular soldiers, Liv. xlv. 2. 

Soldiers raised upon a sudden alarm, (in tumxdln ; nam, tdmultus 
nonnnnquam levlor quam btllnm^ Liv. ii. 26.) were called Subita- 
Rii (?to rfpentina auxilia appellabani,) Liv. iii. 4. 30. orTuMULTU- 
ARii, Liv. i. 37. XXXV. 2. not only at Rome, but also in the pro- 
vinces, ibid, & xl. 26 ; when the sickly or infirm were forced to en- 
list who were called Causarii, FJv. vi. 6. If slaves were found 
to have obtruded theuiselves into the service, {inter tlrones^) they 
were sometime;) punished capitally, {in eos aniTiadversum, es/,) Plin. 
Ep. X. 38. & 39. 

The cavalry were chosen from the body of the Equites^ and each 
had a horse, and money to support him, given them by the public, 
Liv. i. 43. 

On extraordinary occasions, some Equites served on their own 

Jiorses, Liv. v. ?• But that was not usually done ; nor were there, 

as some have thought, any horse in the Roman army, but from the 

Equites, till the time of Mariu's, who made a great alteration in the 

* military system of the Romans, in this, as well as in other respects. 

After that period, the cavalry was composed not merely of Roman 
Equites, as formerly, but •f horsemen raised from Italy, and the other 
provinces ; and the infantry consisted chiefly of the poorer citizens, 
or of mercenary soldiers, which is justly reckoned one of the chief 
causes of the ruin of the republic. 

After the levy was completed, one soldier waff chosen to repeat 
over the words of the military oath, {qui reliquis verba sacramenti 
prairet,) and the rest swore after him, {in verba ejus jurabant.) 
jSvery one, as he passed along, said. Idem in he, Festus in Pr^sju- 
RATioNES, Liv. ii. 45. Polyb. vi. 19. 

The form of the oath does not seem to have been always the same. 
The substance of it was, that they would obey their commander, 
aad not desert their standardsf, &c Liv. iil 20. xxii. 3d. GtlU xvi. 4 



SometUnea those below seventeen were obliged to ttke the niililirf 
oatb» (iocramento vel -urn dicere^) Liv. xxiu 57. xxt. 5* 

Without this oath, no one could justly fight with the enemy, Cic« 
Off. u 11* Hence aacramenia is put for a military life, JuvenaL xti* 
35. Livy says, that it was first legally exacted in the second Punic 
war, zxii. 38. where he seems to make a distinction between the oath 
(Sacramehtum) which formerly was taken voluntarily, when the 
troops were embodied, and each decuria of cavalry, and century of 
foot, swore among themselves, {inler $e equites decuriati^ pediUs cen* 
iuriaii conjurabant,) to act like good soldiers, (sesefuga ac fortnidu 
nU ergd non abituros^ neque ex ordine resessuros ;) and the oatbf 
(jusjURANDUM,) which was exacted by the military tribunes after 
the levy, (e« voluntario inter ipsosfmdert a iribunis ad legitignam ju- 
risjurandi actionem translatum.) 

On occasion of a mutiny, the military oath was taken away, Idv, 
xxviii. 29. 

Under the emperors, the name of the prince was inserted in the 
military oath. Tacit. Hist. iv. 31. and this oath used to be renewed 
every year on his birth-day, P/tn. j^?. x. 60* by the soldiers and the 
people in the provinces ; Id. Pan. 68. also on the kalends of Janu- 
ary, Suit. Galb. 16. Tacit. Annal. xvi. 22. Hi$t. i. 12. 

On certain occasions, persons were sent up and down the country 
to raise soldiers, called CONQUISITORES, and the force used for 
that purpose, Cobrcitio vel Conqumtio^ a press or impress, Iav* 
xxi. 11. xxiii. 32. Cic. de Prov. Cons. 2. Att. vii. 21. Hist, de BeiL 
Alex. 2. Sometimes, particular commissioners {triumviri) were ap- 
pointed for that purpose, Liv. xxv. 5. 

Veteran soldiers, who had served out their time, (homines emeri' 
lit stipendiis^) were often induced again to enlist, and were then call- 
ed EVOCATI, Liv. xxxvii. 4. Cic. Fam. iii. 7. Cos. Bell. Civ. iiL 
53. Sallust. Jug, 84. Dio. x\v. 12. Galba gave this name to a body 
of tqmtes^ whom he appointed to guard his person. Suet* Galb. 10. 
The Evocatiwere exempted from all the drudgerj' of military service*, 
{caterorun immunes^ nisi propulsandi host^is^} Tacit* Annal. i. 36. 

After Lattum and the states of Italy were subdued, or admitted 
into alliance, they always furnished at least an equal number of in- 
fantry with the Romans, and the double of cavalry, Iav. viii. 8. xxii. 
36* sometimes more. (See p. 67.) The ^consuls, when about to 
make a levy, sent them notice what number o^troops they required* 
(ad socios Latinumque nomen ad milites ex formula accipiendos mil" 
Itint, arma^ tela, alia parari jubent^ Liv. xxii. 57.) and at the same 
time appointed the day and place of assembling, {qud convenirtnt,) 
Liv. xxxiv. 56. xxxvii. 4. 

The forces of the allies seem to have been raised, (scripti vel con* 
scriptif) much in the same manner with those of the Romans. They 
were paid by their own states, Liv. xxvii. 9. & 11. and received 
nothing from the Romans but corn ; on which account they had a 

Eymaster {Qumstor) of their own, Poljfb. vi. But when all the Ita 
ns were admitted to the freedom of the city, their, forces were '~ 
corporated with those of the republic. 



DIVISIOSr OFTHB TROOPS- 800 



The troops sent by foreign kings and states were called 
ries, (AUXILIARE8 milites vel acxiua, ab augto^ Cic. Att. lu & 
Varr. & Fest.) They usually received pay and clothing from the 
repablicy although they sometimes were supported by those who sent 
them. 

The first mercenary soldiers in the Roman army, are said to have 
been the Celtiberians in Spain, A. U. 537. Liv. xxiv. 49. But thosa 
must have been different from the auxiliaries, who are often men* 
tbned before that time, Liv. xxu 46. 48. 55. 56. xxii. 22. 

Under the emperors, the Roman armies were in a great measm^ 
composed of foreigners ; and the provinces saw with regret the 
flower of their youth carried off for that purpose, Thcit. HisL iv. 
14. Jgric. 31. Each district was obliged to furnish a certain nuoH 
ber of men, in proportion to its extent and opulence. 

IL DIFISIO.y of the TROOPS in the ROMA K ARMY ; their 

ARMS, OFFICERS, and DRESS. 

After the levy was completed, and the military oath administeM 
ed, the troops were formed into legbns, (LEGIO a legendo, quia 
militea in delectu legebantur, Varro. JL L. iv. 16. which word is 
sometimes put for an army, t6. ii. 26. &c. SaUust Jug. 79.) 

Each legion was divided into ten cohorts, each cohort into three 
maniples, and each maniple into two centuries, (MANIPULU8, ts 
laanipulo velfasciculo fxni, hasta, velperiica longa alligaio, quern 
quQ signo primum gerehal, Ovid. Fast. iii. 117.) So that there 
were thirty maniples and sixty centuries in a legion, Gell. xvi. 
4. and if there always bad been 100 men in each century, as its 
name imports, the legion would have consisted of 6000 men. But 
this was not the case. 

The number of men in a legion was different at different times» 
Liv. vii. 25. viii. 8. xxvi. 28. xxix. 24. xlii. 31. xlii. 12. Cat. B. 
C. iii. 106. B. At. 69. In the time of Polybius it was 4200. 

There were usually 300 cavalry joined to each legion, called JUS« 
TUS EQUITATUS, or ALA, ibid, fir Liv. iii. 62. They were 
divided into ten turma or troops ; and each turmtt into three afcurur, 
or bodies of ten men. 

The different kinds of infantry which composed the legion, were 
three, the Hastati. Principea, and Triarii. 

The HAST ATI were so called, because they first fought with 
long spears, (hasla,) which were afterwards laid aside as inconve- 
nient, Farro de Lat. ling. iv. 16. They consisted of young men in 
the flower of life, and formed the first line in battle, Liv. viii. 8. 

The PRINCIPES were men of middle age in the vigour of life ; 
they occupied the second line. Anciently they seem to have been 
posted first : whence their name, ibid. 

The TRIARII were old soldiers of approved valour, who formed 
the third line ; whence their name, Dionys. viii. 86. They were 
alao called PILANI, from the Pi/tim or javelm which they used; 
and the HaskUi and Prmc^s, who stood before them, were called 



SIO ROSCAR ANnQUITIE& 

There was a fourth kind of troops, called VEIJTES, from their 
iwiftness and agility, (a volando vet velocitate,) the light-armed sol- 
diers, {miiinif leiis armaturcB, vel expediti, vcl levls armatura,) first 
instituted in the second Punic war, Liv. xxvi. 4. These did not 
form a part of the legion, and had no certain post assigned them ; 
but fought in scattered parties where occasion required, usually be- 
fore the lines. To them were joined the slingers and archers, FUN- 
DITORE8 Raltaris^ Jichmy &c. Liv.xxi.21. xxviii. 37. xxxviii.31* 
29. SAGITTARII Cretmses, Arabts, &c. Liv. xxxvii. 40. xlii. 35. 

The light-armed troops were anciently called Ferentani : /?ora- 
rtf, {quod ante rorcU qunm pluit^ Varf. L. L. vL 3.) and, according 
to some, Accensi. Others made the Jlccensi supernumerary sol- 
diers, who attended the army to supply the place of those legendary 
soldiers, who died, or were slain, resins in Accensi et AnscRipriru, 
Varro, itid. In the mean time, however, they were ranked among 
the light armed troops. These were formed into distinct companies, 
{expedtti manipuii et expedilce cohorles,) and are sometimes opposed 
to the legionary cohorts, Sailust. Jug. 46. 90. 100. 

The soldiers were often denominated, especially under the em- 
perors, from the number of* the legion in which they were ; thus, Pri* 
mam\ the soldiers of the first legion : Secundaniy Tertiani^ Quartanif 
Quintaniy Decimani, Terliadecimani^ Vicesimani^ Duodevircsimani, 
Duo et vicesimani, &c. Tacit. Hist. iv. 36. 37. iii^ 27. v. I. Suet. Jul. 70* 

The yetUes were equipped with boics^ slings^ seven javelins or 
spears with slender points like arrows, so that when thrown they 
bent, and could not easily be returned by the enemy, quorum ttlum 
hJiahiU ad remiltendum imperiiis est, Liv. xxiv. 34. a Spanish sword 
having both edge and point, {quo casim et punctum peiebant, lAv,) 
a round buckler (pasma) about three feet in diameter, made of wood 
and covered with leather ; and a helmet or cask, for the head, (GA- 
IJSA vel GcUerus,) generally made of the skin of some wild beast* 
to appear the more terrible, Polyb, vi. 20. 

The arms of the Hastati^ Principes, and Triarii, both defensive 
{arma ad tegendum) and offensive {tela ad petendum) were in a 
great measure the same ; Poiyh. vi. 20. & 22. 

1. An oblong shield (SCUTUM) with an iron boss (umbo) 

jutting out in the middle, four feet long and two feet and a half 
broad, made of wood, joined together with little plates of iron, aiMl 
the whole covered with a bulrs hide : sometimes a round shield 
(Clypeua) of a smaller size. 

2 . A head piece (GALEA vel Cassis v. Ada) of brass or 
iron, coming down to the shoulders, but leaving the face uncovered, 
Flor. iv. 2. whence the command of Csesar at the battle of Pharsa- 
lia, which in a great measure determined the fortune of the day, Faci- 
EM FKai, MILKS, Flor. iv. 2. Pompey's cavalry bei^ig chiefly composed 
of young men of rank, who were as much afraid of having their vi- 
sages disfigured as of death. Upon the top of the helmet was the 
crest, (Crista,) adorned with plumes of feathers of various colours. 

— —3. A coat of mail, (LORICA,) generally made of leather, 
covered with plates of iron in the form of scales^ or iron rings twist-. 



DIVISION OF THE TROOPS. SlI 

ed within one another like chains {hamis concertaJ) Instead of the 
coat of mail, most used only a plate of brass on the breast, {ihorax 
vel peclorale.) 

1. Greaves for the legs, (OCRE JB,) Liv. ix. 40. teemina 
eruruiitj Virff. iEn. xi. 777. sometimes only on the riffht leg, rtgeU 
L 20. and a kind of shoe or covering for the feet, called CcUtgOj set 
VFith nails, Juvenal, xvi. 24. used chiefly by the common soldierfl» 
(grtgarii vel manipuiares milites,) whence the Emperor Caligula had 
bis name, SueU CaL ix. 52. Tacit, AnnaL i. 41. Ctc. Ait. ii. 3. Hence 
CaiigatuSf a common soldier, SueL Aug. 25. Marius a caliga ad con* 
$ulatmn ptrduclus^ from being a common soldier, Stmc. de ben. v. 16. 

5. A sword [gladius vel emis) and two lonff javelins, (Pila.) 

The cavalry at first used only their ordinary clothing for the sake 
of agility, that they might more easily mount their horses ; for they 
had no stirrups, (Stafijs vel Stapeda, as they were afterward^ 
called.) When they were first used is uncertain. There is no men- 
tion of them in the classics, nor do they appear on ancient coins and 
statues. Neither had the Romans saddles, such as ours, but certain 
coverings of cloth, (veHis stragula) to sit on, called EFHIPPIA, 
Horat, tip. u 14 44. vtl Strata, with which a horse was said to be 
coNSTRATus, Liv. xxi. 54. These the Germans despised, Cas. B^ 
G. iv. 2. The Numidian horse had no bridles, Liv. xxxv. 11. 

But the Roman cavalry afterwards imitated the manner of the 
Greeks, and used nearly the same armour with the foot, Poljfb. vi. 
23. Phus, Pliny wrote a book de jnculatione equestri^ about the art 
of using the javelin on horseback, Plin. Ep. iiL 4. 

Horsemen armed cap-a-pU^ that is, completely from head to foot, 
were called liORicATi or Catapuracti, Liv. xxxv. 48. xxxvii. 40. 

In each legion there were six military tribunes, (See p. 167.) 
who commanded under the consul, each in his turn, generally month 
about, Iav. xI. 41. Horat. Sat. i. 6. 48. In battle a tribune seems 
to have had the charge of ten centuries, or about a thousand men ; 
hence called in Greek, x»^«PC*fr vel -nf. Under the emperors, they 
were chosen chiefly from the senators and equites ; hence called 
Laticlavii and AuouiTicLAVii, Suet. 0th. 10. One of these seems 
to be called Trihunis cobortis, Plin. Ep. iii. 9. and their command 
to have lasted only six months; hence called semestris tribuna* 
Tus, Plin: Ep. iv. 4. or seuestre auruu, Juvenal, vii. 8. because 
they had the right of wearing a golden ring. 

The tribunes chose the oflicers who commanded the centuries 
(cE>iTURiONES vcl ordinum ductores^ from the common soldiers, ac« 
cording to their merit, Iav. xlii. 34. Cas. vi. 39. Lucan. i. 645. vi. 
145. But this oflice (centurionatus) was sometimes disposed of by 
the consul or proconsul, through favour, and even for money, Cic. 
Pis. 36. 

The badge of a centurion was a vine*rod or sapling, (vitis,) Plin,. 
xiv. L s. 3. Tacit, i. 23. Juvenal, viii. 247. Ovid. Art. Am. i. 527. 
hence vite donariy to be made a centurion ; vitetn poscere^ to ask that 
oflke, Juvenal, xiv. 193. j^erere, to bear it. ,Lucan. vi. 146. 

There were two centurions in each maniple called by the same 



tU K0MAN ANTIQUITIBS. 

name, bot distinguished by the title prior ^ former, and posterior^ bt- 
ter, because the one was chosen and ranked before the otheri TaciU 
Jinn. i. 32. Dionys. ix. 10. 

Under the emperors, persons were made centurions all at once 
through interest, Dio. Hi. 25. 

The centurion of the first century of the first maniple of the 3Vi- 
arii^ was called Ceniurio primi pili^ vel primi ordinis^ Liv. xxv. 19. 
or Primus Pilus^ primipilus^ or primopilus^ Caes. B. G. ii. 25. aW 
primus cenlurio^ Liv. viu 41. qui primum pilum ducebcU^ ib. 13* JDicafe 
ieffioniSf {I it/sfAwv rou rayiMToff) Dionys. ix. 10. He presided over 
all the other centurions, and bad the charge of the eagle (aquila,) or 
chief standard of the legion, Tacii. Hist. iii. 22L Vahr. Max. i. 6. 
II. whereby he obtained both profit and dignity, being ranked among 
the tquitts^ Juvenal, xiv. 197. Martial, i. 32. Uvid. Amor. iii. 8. 20. 
Pont. iv. 7. 15. He had a place in the council of war with the consol 
and tribunes. The other centurions were cal led minor es ordine^ jb. 49. 

The centurion of the second century of the first maniple of the 
TVianV, was called PrimipiluS posterior : So the two centurions of 
the second maniple of the Triarii^ Prior ctnturio, and posterior cenlu- 
rio seamdipili ; and so on to the tenth, who was called Centurio dt* 
eimi pili, prior et posterior. In like manner, Prim%is princeps, secun* 
dus princeps, &c. Primus Iiasiaius^ &c. Thus, there was a laige 
field for promotion in the Roman army, from a common soldier to a 
eenturion ; from being the lowest centurion of the tenth maniple oi 
HasUUif (^decimus hastatvs posterior,) to the rank of Primipilus, Liv. 
xlii. 34. Any one of the chief centurions was said, ducere honestwn 
ordinem ; as Virginius, Lit. iii. 44 

The centurions chose each two assistants or lieutenants, called 
OPTIONEE, Vragij or Succenturiones, Liv. viii, 8. Festus in Optio; 
and two standard-bearers or ensigns, (SIGNIFERI vel VtxiUwriU) 
Liv. vi. 8. XXXV. 5. TaciL Ann. i. 81. Hist. L 41. iii. 17. Ctc. Dtvtn. 
i77. 

He who commanded the cavalry of a legion was called Prafsc- 
TDS ALiR, Plin.Ep. iii. 4. 

Each Turma had three DECURIONES or commanders of ten, 
but he who was first elected commanded the troop, Polui. vi. 2Sw 
and he was called Duxturm^s, Sallust. Jug. 38. Each decurio had 
ui optio or deputy under him, Varr. de Lot. ling, iv. 16. 

The troops of the allies (which, as well as the horse, were called 
Aljb, from their being stationed on the wings, Liv. xxxi. 21. OelL 
xvL 4.) had prefects (PILEFECTI) appointed over them, who 
commanded in the same manner as the legionary tribunes, Ccm. B* 
G. I 39. Suet. Aug. 38. Claud. 35. Plin. Ep. x. W. These troopa 
were divided into cohorts, as the Roman infantry, Sallust. Jug. 58. 

A third part of the horse, and a fifth of the foot of the allies wera 
selected and posted n^ar the consul, under the name of Extraordi* 
VARTi, and one troop, called Ablecti or Selecti, to serve as hislife« 
guards, Liv. xxxv. 5. Polyb. vi. 28. 

It is probable that the arms and inferior ofiicers of the allied troojMi 
iwefe muclithe same with those of tfaa Romans. 



DIVISION OP THE TROOPS. ' S13 

Two legions, with the dae number of cavalry, {cumju3to equUaiUf) 
and the dlies, formed what was called a consular army, (exer- 
dttis consularis^) about 20,000 men, Liv. x. 25. in the time of Poly- 
bias, 18,600, Polyb. vi. 24. 

The consul appointed lieutenant-generals (LEGATI) under him, 
one or more, according to the importance of the war, Liv. ii. 29. 59. 
iv. 17. X. 40. 43. &c. Sail. Cat. 59. Jug. 28. Cas. de bell. civ. ii. 17.' 
lii. 55. 

When the consul performed any thing in person, he was said to do 
it by his own conduct and auspices {ductu vel imperio^ et auspieio 
suo,) Liv. iii. 1. 17. 42. xll 17. 28. Plant. Amph. i. 1. 41. ii. 2. 25. 
Horat. i. 7. 27. but if his legatus or any other person did it by 'his 
command, it was said to be done, auspieio consulis et ductu legati,hy 
the auspices of the consul and under the conduct of the legatus. In 
this manner the emperors were said to do every thing by their own 
auspices, although they remained at Rome. Dugtu Crermanici^ aus* 
pidis Tiberix^ Tacit. Annal. ii. 41. Horat. Od. iv. 14. 16. & 33. 
Ovid. Trist. IL 173. hence auspicia^ the conduct, Liv. iii. 60. 

The military robe or cloak of the general was called PALUDA- 
MENTUM, or Chlamys^ of a scarlet colour bordered with purple ; 
sometimes worn also by the chief officers, lAv. i. 26. Plin. xvi. 3. 
Tac. Amu xii. 56. cum paludalis ducibus^ officers in red coats, Juve^ 
nal. vL 399. and, according to some, by the lictors .who attended the 
consul in war, Lio. xH. 10. xlv. 39. Chlamts was likewise the name 
of a travelling dress, (vesiis viatoria :) hence Chlamydatus^ a travel- 
ler or foreigner, Plaut. Pseud, iv. 2. 8. sc. 7. 49. 

The military cloak of the officers and soldiers was called SA6UM, 
also Chlamj/s^ Plaut. Rud. ii. 2. 9. an open robe drawn over the other 
clothes and fastened with a clasp, Suet. Aug. 26. opposed to toga, 
the robe of peace. When there was a war in Italy, {in tumultu^) ail 
the citizens put on the sagum : Hence Est in sagis- civitas^ Cic. Phil, 
viii. 11. sumere saga^ ad saga ire ; et redire ad togas ^ Id. v. 12. xiv. 
1. also put for the general's robe ; thus, Punico lugubre mutavit sa^ 
gwnf i. e. deposmt coccineam chlamjfdem Antonius, et accepit nigram, 
laid aside his purple robe and put on mourning, Horat. Epod. ix. 27, 

III. DISCIPLINE of the ROMANS, their MARCHES and EJV- 

CAMPMENTS. 

. Tbb discipline of the Romans was chiefly conspicuous in their 
marches and encampments. They never passed a night, even in 
the longest marches, without pitching a camp, and fortifyingit with 
a rampart and ditch, Liv. xliv. 39. Sallust. Jug. 45. & 91. Persons 
were always sent before to choose and mark out a proper place 
for that purpose, {castra meiari.) Hence called METATOKES ; 
thus, Alteris castris vel secundis^ is put for altero die, the second 
day ; iertiis castris^ qumtis castris^ &c. Tacit. Hist. liL 15. iv. 71. 
Cos. B. G. vii. 36. 

When the armv staid but one night in the same camp, or even 
two or three nights, it vras simplv called castra^ and in later ages 

40 



3U ROMAN ANTIQUITIES. 

MANSIO ; which word is also put for the joarney of one day, PUn, 
xii. 14. or for an inn, Suet. Tit, 10. as erra^o^ among the Greeks. 

When an army remained a considerable time in the same place, it 
was called Castra STATIVA, a standing camp; iESTIVA, asrnn- 
mer camp ; and HIBERNA, a winter camp ; (which was first used 
in the siege of Veji,) Liv. v. 2. Hibemacula adificaTtt^ xxiii. 39. 

The winter quarters of the Romans were strongly fortified, and 
furnished, particularly under the emperors, with every accommoda- 
tion like a city, as storehouses, {armaria,) workshops, {fabrics,) an 
infirmary or hospital, {valtludinarium^) &c. Hence from them many 
towns in Europe are supposed to have had their origin ; in England, 
particularly, those whose names end in ctsior or Chester. 

The form of the Roman camp was a square, {quadrata^) and al- 
ways of the same figure, Polyb.y'i, 23. In later ages, in imitation of 
the Greeks, they sometimes made it circular, or adapted it to the 
nature of the grouod, Veget. i. 23. It was surrounded with a ditch, 
(FtissA,) usually nine feet deep and twelve feet broad, and a ram* 
part (VALLUM,) composed of the earth dug from the ditch, 
(AGER,) and sharp stakes, {sudes^ VALLI vel pali) stack into il, 
Virg. G. ii. 25. Cos. B. Civ. ii. 1. 15. Polyb. xviL 14. & 15. 

The camp had four gates, one on each side ; the first called Por* 
ia PRiETORIA vel Extraordinaria, next the enemy, Liv. xl. 27. 2. 
DECUMANA, opposite to the former, {ab tergo castrorum et ho9ti 
aversa, vel ab hoste,) Liv. iii. 5. x. 32. Caes. fi. G. ii. 24. Civ. iii. 

79. P07'ta PRINCIPALIS DEXTRA and PRINCIPALIS SINISTRA, XtT. xl. 

27. were the names of the two others. 

The camp was divided into two parts, called the upper and lower. 

The upper part (pars castrorum superior) was that next the poria 
pratoria, in which was the general's tent, (ducis iabemaculum^) call- 
ed PRiETORIUM, also Augurale, Tacit. Annal. ii. 13. xv. 30. 
from that part of it where he took the auspices {augwracvlwrn^ Fest. 
vel Auguratorium, Kygin. de castrament.) or Auoustale, Quinciil, 
viii. 2. 8. with a sufficient space around for his retinue, the prsetori* 
an cohort, &c. On one side of the Pratorivm were the tents of the 
lieutenant-generals, and on the other that of the Quaestor, QUiES- 
TORIUM, which seems anciently to have been near theoor/a Jectc- 
mana, hence called Quastoria^ Liv. x. 32. xxxiv. 47. Hard by the 
quaestor^s tent was the FORUM, called also Quintana, where things 
were sold and meetings held, Liv. xli. 2. Sutt. Ner. 26. Polub. vi. 
38. In this part of the camp were also the tents of the tribunes, 

E refects of the allies, the Evocati, Ablecti^ and ExtraordinarH^ both 
orse and foot. But in what order they were placed does not ap* 
pear from the classics. We only know that a particular place was 
assigned both to oflScers and men, vnth which they were all perfect* 
ly acquainted. 

The lower part of the camp was separated from the upper by a 
broad open space, which extended the whole breadth of the camp^ 
called PRINCIPIA, Iav. viL 12. where the tribunal of the general 
was erected, when he either administered justice or harangued the 
amy, Tadu Anrud. i. 67. HisU liL 13. whei« the tribunes held 



DISCIPLINE OF THE ROMANS, &c. 316 

Iheir coarts, {jura reddebantf) Liv. xxriii. 24. and punishments were 
inflicted, Suei. Otho. I Aug. 24. lAv, viii. 32. ix. 16. where the 
principal standards of the army, and the altars of the gods stood, Ta- 
cit* AnnaL i. 39. also the images of the Emperors, la. iv. 2. xv. 29. 
by which the soldiers swore, Liv. xxvi. 48. HoraL Od. iv. 5. Ep. ii. 
1. 19. and deposited their money at the standards, {ad vel apud sig- 
na^) as in a sacred place ; Sttet. Dom. 7. each a certain part of his 
pay, and the half oi a donative, which was not restored till the end 
of the war, Veget. ii. 20. 

In the lower part of the camp the troops were disposed in this 
manner: The cavaliy in the middle ; on both sides of them the TWo- 
nt, PrindpeSf and nastati ; next to them on both sides were the ca- 
valry and foot of the allies, who, it is observable, were always post- 
ed in separate places, lest they should form any plots,* (ne quid novm 
rei moliretUur^ bv being united. It is not agreed what was the place 
of the Vtlitts. They are supposed to have occupied the empty space 
between the ramparts and the tents, which was 200 feet broad. The 
same may be said of the slaves, (Caldnes vel servt,) and retainers 
or followers of the camp, (lixjk, qui exercitum sequebanturj quctsiiii^ 
gratiA, Festos,) Liv. xxiii. 16. These were little used in ancient 
times. A common soldier was not allowed a slave, but the ofBcers 
were, Sallust. Jug. 45. The Lixa were sometimes altogether pro- 
hibited, ibid. At other times they seem to have stayed without the 
camp, in what was called Procestria {adificia extra casira,) Festus; 
Tacit Hist. iv. 22. 

The tents {tentoria) were covered with leather or skins extended 
with ropes : hence sub pellibus kiemare^ Flor. i. 12. durare^ Liv. v. 
2. haberi^ Id. 37. 39. retineri^ in tents, or in camp. Tacit. Ann. 13. 
35. So Cic. Acad. iv. 2. • 

In each tent were usually ten soldiers, with their decanus or petty 
ofBcer who commanded them, {qui iis prcefuit ;) which was properly 
called CoNTUBERNiuH, and they Contubernales. Hence young no- 
blemen under the general's particular care, were said to serve in his 
tent, {contubemio ejus militare^) and were called his Contdbernales, 
Suet. Jul. 42. Cic. Cat. 30. Plane. 21. Sallust. Jug. 64. Hence, 
Vivere in contubemio alictijus^ to live in one's family, Plin. Ep. vii. 
24. ContubemaliSf a companion, Id. i. 19. x. 3. The centurions and 
standard-bearers were posted at the head of their companies. 

The diflerent divisions of the troops were separated by intervals, 
called YIM. Of the^e there were five longwise, {in longum,) i. e. 
running from the decuman towards the prcetorian side ; and three 
across, one in the lower part of the camp, called Quintana, and two 
in the upper, namely, the Principia already described, and another 
between the Pratorium and the rraetorian gate. The rows of tents 
between the vix were called STRicis, (fuf^.) 

In pitching the camp, different divisions of the army were ap- 
pointed to execute different parts of the work, under the inspection 
of the tribunes or centurions, Juvenal, viii. 147. as they likewise 
were during the encampment to perform different services, (minw- 
teriOf) to procure water, forage^ wood, &c* From these certain 



316 ROMAN ANTIQUITIES. 

persons were exempted, {immunes operum militarium^ in unumpug* 
na laborem reservati^ Liv. vii. 7.) either by law or custom, as the 
Equites, Val. Max. ii. 9. 7. the Evocati and veterans, Tacit. ArmaL 
i. &6. or by the favour {henefido) of their commander ; hence called 
Benbficiarii, Fesius. Cas. B. C. i. 75. But afterwards this ex- 
emption used to be purchased from the centurions, which proved 
most pernicious to military discipline, Ihcit. Annal. i. 17. J&f. i. 46. 
The soldiers obliged to perform these services were called Munifi* 
CES, VtgeU ii. 7. 19. 

Under the emperors, there was a particular officer in each legion 
who had the charge of the camp, called Pra pectus castrorum. 
Tacit. Annal i. 20. xiv. 37. Hist. ii. 29. Veget. ii. 10. 

A certain number of maniples were -appointed to keep guard at 
the gates, on the rampart, and in other places of the camp, before 
the Pratoriumj the tents of the Legati^ Qusestor, and tribunes, both 
by day and by night, \{agere excvbian vel stationes et vigiliaSf) who 
were changed every three hours, Polyb., vi. 33. 

ExcuBiJE denotes watches either by day or night ; Viqtlim^ only 
by night. Guards placed before the gates were properly called 
Stationes, on the rampart CcsTODiiB, lAv. xxv. 40. xliv. 33. But 
€tatio is also put for any post ; hence, Velal Pythagoras injussu tm- 
peratoris, id est, Dei, de prasidio et statione vitcB decedei'e^ Cic. Sen. 
90. Whoever deserted his station was punished with death, Suet. 
Aug. 24. 

Every evening, before the watches were set, (anteqvam vigUia 
dispunerentur) the watch-word (symbdium) or private signal, by 
which thev might distinguish friends from foes, Dio. xliii. 34. was 
distributed through the army by the means of a square tablet of wood 
in the form of a die, called TESSERA,from its four comers, (rstf^ajf^ 
-a, qimtuor.) On it was inscribed whatever word or words the ffene- 
ral chose, which he seems to have varied every night, Polyb. vi. 32. 

A frequent watch- word of Marius was Lar Decs ; of Sulla, Apol- 
lo Delphicus, and of Caesar, Venus Genitrix, &c Serv. ad f^rg, 
Mn. vii. 637. of Brutus, libertas, Dio. 47. 43. It was given, (tes* 
sera data est) by the general to the tribunes and prefects of the a lie^, 
by them to the centurions, and by them to the soldiers. The person 
who carried the Tessara from the tribunes to the centurions, was 
called Tbsserarius, Tacit. Hist. i. 25. 

In this manner also the particular commands of the general were 
made known to the troops, Liv. vii. 35. ix. 32. xxvii. 46. xxviiL 14. 
Suet. Galb. 6. which seems likewise sometimes to have been done 
viva voce, Liv. xlv. 33. 

Every evening, when the general dismissed his chief officers and 
friends, {cum Prjetoriuv dimittebat,) after giving them his com* 
mands, all the trumpets sounded, Liv. xxx. 5. xxi. 54. xxvL 15. 
xxxvii. 5. 

Certain persons were every night appointed to go round {drcu* 
mite vel obire) the watches ; hence called circuitores, vel Circito^ 
res. This seems to have been at first done by the equites, Liv. xxii. 
i- and tribunes. Id. xxviii. 24. on extraoidinary occasions by the 



DISCIPUNE OF THE ROMANS, &c. SI* 

hgati and general himself, Sallust. Jug. 45. At last, particular per* 
SODS were chosen for that purpose by the tribunes, Veget. iiL 8. 

The Romans used only wmd-instruments of music in the army, 
These were the TUBA, straight like our trumpet ; CORNU, the 
horn, bent almost round ; BUCCINA, similar to the horn, common- 
ly used by the watches ; LITUUS, the clarion, bent a little at the 
end like the augur's staff or lituus ; all of brass : Whence those, who 
blew them, were called iENEATORES, Suit. Jul. 32. The Tuba 
was used as a signal for the foot, the Lituus for the horse, Acton, ad 
Horat. Od. i. 1. §3. but they are sometimes confounded, Virg. Mn. 
vi. 167. and both called Concha^ because first made of shells. Id, 171. 

The signal was given for changing the watches {-oigiliis mutandis) 
with a trumpet or horn, {tub&^) Lucan. viii. 24. {bucctnA^) Liv. yii* 
35. T\tcit. Hist. v. 22. hence ad tertiam buccinam, for vigiliamf liv. 
zxvi. 15. and the time was determined by hour-glasses, ( per cl^psy" 
dfUSy) Veget. iii. 8. See p. 211. 

A principal part of the discipline of the camp consisted in exer- 
cises, (whence the army was called Exercitus,) walking and run- 
ning {decursioij completely armed, Liv. xxiii, 35. xxri. 51. xxix. 
22. Polyb. vi. ^. leaping, swinuning. Suet. Au^. 65. vaulting {salu 
iio) upon horses of wood, Veget. i. 18. shootmg the arrow, and 
throwing the javelin ; attacking a wooden figure of a man as a real 
enemy, {exercitia ad palum^ vel Palaru,) Juvenal. vL 246. the 
carrying of weights, &c. Virg. G. iiL 346. 

When the general thought proper to decamp, (castra movere^) he 
gave the signal for collecting the ba^age {colligendi vasa^) where- 
upon all took down their tents, {tabernaculd detendebant^) but not 
tul they saw this done to the tents of the general and tribunes, Po- 
lyb. vi. Upon the next signal, they put their baggage on the beasts, 
of burden, and upon the third signal began to march ; first, the ex- 
iraordinarii and the allies of the right wing with their baggage ; then 
the legions, and last of all the allies on the left wing, with a pajrty of 
horse in the rear, {ad agmen cogendum^ i. e. colligendum^ to prevent 
straggling,) and sometimes on the flanks, in such order, {camposito 
agminCf non iiineri magis apto^ quam proilioy) that they might readily 
be formed into a line of battle, if an enemy attacked them. 

An army in close array was called Aomen pilatum, Sero. m Virg. 
JEn. xii. 121. vel ju^/um, Tacit. Hist. i. 68. When under no ap- 
prehension of an enemy, they were less guarded, {agmine incauio^ 
1. e. minus munilo^ ut inter pacatos ducebaty sc consul,) Liv. xxxv. 4. 

The form of the army on march, however, varied according to 
circumstances and the nature of the ground, Liv. xxxv. 4. 27. 28. 
It was sometimes disposed into a square, (aomen quadratum,) with 
the baggage in the middle, Liv. xxxi. 37. xxxix. 30. Hirt. de BelL 
Gall. S: Tacit. Ann. 1.51. 

Scouts {svecvlatores) were always sent before to reconnoitre the 
ground, {ad omnia exploranda,) Suet. Jul. 58. Sail. Jug. 46. A cer- 
tain kind of soldiers under the emperors were calledSrECULATO- 
RES, Tacit. Hist. i. 24. 25. 27. ii. 11. 33. 73. Suet, Claud. 35. 0th. 5. 

The soldiers were trained with great care to observe the military 



318 ROMAN ANTIQUITIES. 

pace, {gradu militari incedere^) and to follow the standards, (signa 
stquu) For that purpose when encamped, they were led out thrice 
a month, sometimes ten, sometimes twenty miles, less or more, as 
the general inclined. They usually marched at the rate of twenty 
miles in five hours, sometimes with a quickened pace (gradu yel ag-- 
mine ciiato) twenty-four miles in that time, Veget, L 9. 

The load which a Roman soldier carried is almost incredible, Virg. 
G. iii. 346. Horat. Sat, ii. 2. 10. victuals (cibaria) for fifteen days, 
Cic. 7Wc, il 15. 16. sometimes more, Liv. Epit, 57. usually corn, as 
being lighter, sometifnes drest food, {cactus cibus^) Liv* iii. 27. uten- 
sils, (u/eim/ta,) ib. 42. a saw, a basket, a mattock, (rutrum^) an axe, 
a book, and leathern thong, (falx et lorum ad pabulandwn^ a chain, 
a pot, &c. Liv, xxviii. 45. Horat, Epod, ix. 13. stakes, usually three 
pr four, sometimes twelre, Liv, iii. 27. the whole amounting to sixty 
pounds weight, besides arms ; for a Roman soldier considered these 
not as a burden, but as a part of himself, {arma membra milUes du* 
cebant^) Cic. Tusc. ii. 16. 

Under this load they commonly marched twenty-miles a day, 
sometimes more, Veget, i. 10. Spartian, Adrian. 10. 

There were beasts of burden for carrying the tents, mills, ba^age, 
&c. (JuHBBiTA sARciNARiA, CiBs, B. C. i. 81.) The auciont Romans 
rarely used wagons, as being more cumbersome, and the roads rough 
and difficult, Sallust, Jug. 45. 

The general usually marched in the centre, sometimes in the rear, 
or wherever his presence was necessary, Ibid, et Polyb. x. 22. 

When they came near the place of encampment, some tribunes 
and centurions, with proper persons appointed for that service, {cwn 
metatoribus^) were sent fcHefore to marxout the ground, and assign to 
each his proper quarters, which they did by erecting flags {vexilla) 
of different colours in the several parts. 

The place for the general's tent was marked with a white flag, 
and when it was once fixed, the places of the rest followed of course, 
as being ascertained and known, Polyb. vi. 39. When the troops 
eame up, they immediately set about making the rampart, {vallum 
jaciebantj) while part of the army kept guard {pracidium agitabant^) 
to prevent surprise. The camp was always marked out in the 
same manner, and fortified, if they \^re to continue in it only for a 
single night, Joseph. Bell. Jud. iii. 6x^ 

IV. The ORDER of BATTLE, and the different STAKDARDS. 

Tbe Roman army was usually drawn up in three lines, (tripliee acie, 
vel triplicibus subsidiis^ Sallust Jug. 49.) each several rows deep. 

The Hastati were placed in the first line ; {inprima ade vel m 
principiis ; the Principes in the second ; and the TriarU or Pilaniia 
the third ; at proper distances from one another. The Principes are 
supposed anciently to have stood foremost. Hence post prtndpia, 
benind the first line, Ter. Eun. iv. 7. 11. Liv. ii. 65. iii. 2». viii. 10. 
Transvorsis prindpiiSf the front or first line being turned into the 
flank, Sallust. Jug. 49. lAv. viii. 8. xxxvii. 89. 

A maniple of each kind of troops was placed behind one another. 



ORDER OF BATTLE, &c. 319 

so that each legion had ten maniples in front They were not placed 
directly behind one another as on a march, la^mine quadraio^ but 
obliquely, in the form of what is called a Quincunx^ Vir. G. ii. 279. 
unless when they had to contend with elephants, as at the battle of 
Zama, Polyb. xv. 9, tt Appian, Liv. xxx. 33. There were certain 
intervals or spaces, (VliE) not only between the lines, but likewise 
between the maniples. Hence ordines explicare^ to arrange in order 
of battle, Liv. iii. 60. and in the maniples each man had a free space 
of at least three feet, both on the side and behind, Polyb. xvii. 26. 

The f^elites were placed in the spaces or intervals {in viis) be- 
tween the maniples, Liv. xxx. 33. Sallust. ibid, or on the wings, 
xlii. 58. 

The Roman legions possessed the centre, (mediam aciem tenebant,) 
the allies and auxiliaries the right and left wings, (cornua^) Liv. 
zxxvii. 39. The cavalry were sometimes placed behind the foot, 
whence they were suddenly let out on the enemy through the inter- 
vals between the maniples, Liv. x. 5. but they were commonly post- 
ed on the wings, Liv. xxviii. 14 and were hence called ALiiE, GelL 
xvi. 4 Plin. Ep. 7. 30. which name is commonly applied to the ca- 
valry of the allies, {ilarii vel alarii equites^) Liv. xxxv. 5. Cic. Fam. 
ii. 17. when distinguished from the cavalry of the legions, (equUta 
Ugumarii;) Liv. xl. 40. Cses. B. G. L 41 ; and likewise to the auxi- 
liary infantry, (cohortes alarts vel alarix^) Liv. x. 40. 43. Cffis. B* 
C. 1. 65. u. 16. 

This arrangement, however, was not always observed. Some- 
times all the different kinds of troops were placed in the same line. 
For instance, when there were two legions, the one legion and its 
allies were placed in the first line, and the other behind as a body of 
reserve, {in svbsidiis vel prasidiis,) Liv. xxvii. 2. 12. xxix. 2. xxx. 
18. This was called Acies duplex, Cas. B. C. i. 75. Sallust Cat» 
59. when there was only one line, Acies Simplex, Cas. B. G. iii. 25. 
Afr, 12. 53. Some think, that in latter times an army was drawn 
up in order of battle, without any regard to the division of soldiers 
into different ranks. In the description of Caesar's battles there is 
no mention made of the soldiers bein^ divided into Hasiatiy Principes^ 
and Triarii, but only of a certain number of legions and cohorts, which 
Caesar generally drew up in three lines, Cors. B. 6. i. 19. 41. ii. 22^ 
iv. 11. B. C. i. 57. 75. iii. 74 Afr. 53. So Sallust. Cat. 59. Tacit. 
Hist. ii. 24. In the battle of Pharsalia, he formed a body of reserve^ 
which he calls a fourth line, (quartem aciem instituit,) to oppose the 
cavalry of Pompey, which indeed determined the fortune of the day, 
B. C. iii. 76. This was properly called Acies quadruplbx : as, B^ 
Afr. 58. 

In the time of Caesar the bravest troops were commonly placed in 
the front, Sallust. et Cas. ibid, contrary to the ancient custom. This, 
and various other alterations in the military art, are ascribed to 
Marius. 

Acies is put not only for the whole or part of an army in order of 

battle ; as, Aciem instruerCf aquaref txomare^ explicare^ exierware^ 

Jirrmtre^ perturbare^ instanrartf rettituere^ rtdimtegrdre^ &c. but also 



320 ROMAN ANTIQUITIES. 

for the battle itself, Cic. Fam. vi. 3. Sutt Aug, 20. Commissam 
aciem secuius est terra tremor^ there happened an earthquake after 
the fight was begun, Flor. \l 6. Post acies primas^ after the first bat- 
tle, Ovid. Met. xiii. 207. 

Each century, or at least each maniple, had its proper standard 
and standard-bearer, Varro. de Lot. ling. iv. 16. Liv. viii. 8. Veget. 
ii. 23. Hence milites signi unius^ of one maniple or century, Liv* 
zxv. 23. xxxiiL I. 9. Reliqua signa in subsidio artius collocate he 

E laces the rest of the troops as a body of reserve, or in the second 
ne more closely, Sallust. Cat. 59. signa inferrt^ to advance : con- 
vtrtere^ to face about, Ctzs. B. G. i. 25. efferre^ to go out of the camp, 
lAv. XXV. 4. a signis discedere, to desert, Ibid. 20. referrt^ to retreat ; 
also, to recover the standards, Firg. Mn. vi. 826. signa conferre^ vel 
signis collatis confiigere^ to engage ; signis infestis inferri^ ire vel in* 
ceaeref to march against the enemy ; nrbem intrare sub signis, Liv. 
iii. 51. sub signis legiones ducere, in battle order, Cic. Jltt. xvi. 8. 
9^na infeslaferre, to advance as if to an attack, Virg. JEn. v. 582. 
The ensign of a manivulus was anciently a bundle of hay on the 
top of a pole, (See pb 309-10.) whence miles manipularis, a common 
aoidier, Ovid. Fast. iii. 116. Afterwards a spear with a cross piece 
of wood on the top, sometimes the figure of a hand above, probably 
in allusion to the word manipulus ; and below, a small round or oval 
shield, commonly of silver, Plin. xxxiii. 3. also of gold, Herodian. iv. 
7. on which were represented the images of the warlike deities, as 
Mars or Minerva ; and after the extinction of liberty, of the empe- 
rors, Tadt. Jinn. i. 43. Hist. i. 41. iv. 62. or of their favourites, Suet., 
Tib. 48. Cat. 14. * Hence the standards were called Xumina legio* 
num, and worshipped with religious adoration. Suet. Cal. 14 Vit. 2. 
Tacit. Ann. i. 39. Vtget. ii. 6. The soldiers swore by them, Lucan^ 
L374. 

We read also of the standards of the cohorts, Liv. xxvii. 15. Cas., 
B. G. ii. 25. Tacit. Ann. i. 18. Hist. i. 41. as of prefects or com- 
manders of the cohorts, Sallust. Jug. 46. But then a whole is sup- 
posed to be put for a part, cohortes for manipuli or ordines, which 
were properly said ad signa convenire et contineri, Cass. B. G. vi. L 
31. 37. The divisions of the legion, however, seem to have been 
different at different times. Caesar mentions 120 chosen men of the 
same century, B. C. iii. 76. Yegetius makes manipulus the same 
with contubemiumf ii. 13. It is at least certain that there always 
was a diversity of ranks, Ordines ifferiores et superiorks, Cos, 
B. O. vi. 34 Tacit. Hist. i. 52. iv. 59. and a gradation of prefer- 
ments, Ordinss vel gradus militia^ Ibid, et Cses. B. C. i. 44 Suet. 
Claud. 25. The diviaons most frequently mentioned are Cohor- 
tes, battalions of foot, and turms, troops of horse, Cic. MirceLx. 
Fam. XV. 2. Att. vi. 2. Cohors is sometimes applied to the auxilia- 
ries, and opposed to the legions, Tacit. Hist. ii. 89. v. 18. It is also, 
although more rarely, applied to cavalry, Plin. Ep. x. 107. 

The standards of the different divisions had certain letters inscrib- 
ed on them, to distinguish the one from the other, Feget. ii. 13. 
Tbe standard of the cavaby was called YEXILLvM, a flag, or 



ORDER OF BATTLE, &c. SSI 

banner, u e,n square piece of cloili fixed on the end of a spear, lijp* 
used also by the foot, Cas. B. G. vi. 33. 37. particularly by the Tete« 
rans who had served out their time, but under the emperors were 
still retained in the army, and fought in bodies distinct from the le* 
gion under a particular standard of their own, {sub ve<ciilo,) hence 
called VEXILLARII, Tacil. Am. i. 17. 26. 36. 38. But Vexillwn 
or (^exillalio is also put for any number of troops following one stand- 
ard, TitciL Hist. i. 31. 70. Suet. Galb. 18. Stat. Theb. xii. 782. 

To lose the standards was always esteemed disgraceful, {Magnum 
perdere crimen erat, Ovid. Fast. iii. 113.) particularly to Uie standi 
erd-bearer, Cas. B. G. iv. 23. v. 29. B. C. i. 54. sometimes a capi* 
tal crime, Liv. ii. 59. Hence to animate the soldiers, the standards 
^ere sometimes thrown among the enemy, Liv. iii. 70. vL 8. xxv^ 
14. xxvi. 5. 

A silver eagle, with expanded wings, on th'^. top 6{ a spear, some- 
times holding a thunderbolt in its claws, with the figure of a small 
chapel above it, Oio, xl. 18. was the common standard of the legion, 
at least after the time of Afarius, for before that the figures of other 
animals were used, Plin. x. 4. s. 5. Hence AQUIIA is put for a 
legion, C(Bs. Hisp. 30. and aquila signaque for all the standards of a 
legion. Tacit, passim. It was anciently carried before the first ma* 
niple of the Triarii^ but after the time of Marius, in the first Iine« 
and near it was the ordinary place of the general, Sallust. Cat. 59, 
almost in the centre of the army ; thus^ Medio dux agmink Tumus 
verlitur arma tenens, Virg. JEn. ix. 28. usually on horseback, Ldv» 
vi. 7. Sail. Cat. 59. Cas. B. Gull. L 25. So likewise the Legati 
and tribunes, Ibid, ir Cas. vii. 65. 

The soldiers who fought before the standards or in the first line« 
were called ANTESIGNANI. Liv. ii. 20. iv. 37. vii. 16. 33. ix. 32, 
39. xxii. 5. XXX. 33. Cas. B. C. i. 41. 52. Those behind the stand* 
ards, {post signa,) POSTSIGNANI, Liv. viii. 11. Froutin. Stratag, 
i. 3. 17. vel SUBSIGNANI, Tacit. Hist. i. 70. but the Subsignani 
seem to have been the same with the FextV/aru, or privileged vete« 
rans, Id. iv. 33. Ann. i. 36. 

The general was. usually attended by a select ba^d, called CO* 
HORS PRyETORlA, Cic. Cat. ii. 11. Fam. x. 20. Sallust. Cat. 60, 
Jug. 98. first instituted by Scipio Africanus, Festus ; but something 
similar was used long before that time, Liv. ii. 20. not mentioned 
in Caesar, unless by the by, B» G, i. 3h 

When a general, after having consulted the auspices, had deter- 
mined to lead forth his troops against the enemy, a red flag was disf 
played, {vexillum vel signumpugmz proponehantur,) on a spear fron^ 
the top of the Pralorium^ Cms, de bell. G. ii. 20. Liv. xxii. 45^ 
which was the signal to prepare for battle. Then having called aa 
assembly by the sound of a trumpet, {classico, i. e. tub& concione ad* 
vocata^ Liv. iii. 62. vii. 36! viil 7. 32.) he harangued {alloquebatur) 
the soldiers, who usually signified their approbation by shouts, b^ 
raising their right hands, id. 4r Lucan. i. 386. or by beating on their 
i^uelds with their spears. Silence was a mark of timidity^ Lucan. % 

41 



322 ROMAN ANTIQUITIES. 

596. This address was sometimes made in the open field from a 
tribunal raised of turf (e tribunali ctspilitio sui viridi cespite extructo^) 
Tacit Ann. i. 18. Plin. Paneg. 56. Stat. Silv, v. 2. 144. A general 
always addressed his troops by the title of milites : Hence Csesar 
greatly mortified the soldiers of the tenth legion, when they demand- 
ed their discharge, by calling them Quir/tes^ instead of Milites, 
Dio. xlii. 53. Sqet Caes. 70. 

After the harangue, all the trumpets sounded, {tngna cantbctntf) 
which was the signal for marching, Lucan, ii. 597. 

At the same time the soldiers called out To armsy (ad arm a con-t 
clamatum est.) The standards, which stood fixed in the ground, 
were pulled up, {convelkbantur) Liv. iii. 50. 54. vi. 28. yirg. ^n. 
xi. 19. If this was done easily, it was reckoned a good omen ; if not, 
the contrary, Liv. xxii. 3. Cic, div, i. 35. Val, Max. i. 2. 11. Liican. 
vii. 162. Hence, Aqvila prodire noLenteSf the eagles unwilling to 
move, Flor. ii. 6. Dio. xl. 18. The watchword was given, {sisinum 
datum esty) either viva voce, or by means of a tessera, Cses. de B. G« 
ii. 20. de B. Afric. 83. as other orders were communicated, Liv. v. 
36. xxi. 14 In the mean time, many of the soldiers made their tes- 
taments, {in procinctu, see p. 58.) Gell. xv. 27. 

When the army was advanced near the enemy {intra teli conjtc^ 
ftim, uiide aferentariis pralium committi posset,) the general, riding 
round the ranks, again exhorted them to courage, and then gave the 
signal to engage. Upon which all the trumpets sounded, and the 
soldiers rushed forward to the charge with a great shout (maximo 
clamore procurrebant cum signis vel piiis infestis, \. e. tVi hostem ver^ 
sis vel directis,) Sallust. Cat. 60. Caes. B. Civ. iii. 92. Liv. vi. 8. j&c. 
Dio* xxxvi. 32. which they did to animate one another and intimi- 
date the enemy, Cas. ibid. Hence primus clamor atque impetus rem 
decrevit, when the enemy were easily conquered, Liv. xxv. 4. 

The Felites first began the battle ; and when repulsed, retreated, 
either through the intervals between the dies, { per intervallo ordi" 
num,) or by the flanks of the army, and rallied in the rear. Thea 
the Hastati advanced ; and if they were defeated, they retired slowly 
{presso pede) into the intervals of the ranks of the Prindpes, or if 
greatly fatigued, behind them. Then the Principes engaged ; and 
if they too were defeated, the Triarii rose up, (consurgeAtni :) for 
hitherto they continued in a stooping posture, {subsidebant^ hinc dicti 
soBSiDiA, Festus,) leaning on their right knee, with their left leg 
stretched out, and protected with their shields ; hence, An triakios 
v£NTUif EST, it is come to the last push, Liv. viii. 8. 

The TViarU, receiving the Hastati and Principes into the void 
spaces between their manipuli, and closing their rank {compressis 
ordinibus,) without leaving any space between them, in one compact 
body (uno continente agmine) renewed the combat Thus the ene- 
my had several fresh attacks to sustain, before they gained the vic- 
tory. If the Triarii were defeated, the day was lost, and a retreat 
was sounded, {receptui cecinerunt,) Liv. viiL 8. 9. 

This was the usual manner of attack before the tune of Marius. 



ORDER OF BATTLE, &c. 323 

After ttiat several alterations took place, which, however, are not 
exactly ascertained. 

The legions sometimes drew lots about the order of their march, 
and the place thsy were to occupy in the field, Tacit. Hist. ii. 41- 

The Romans varied the line of battle by advancing or withdraw- 
ing particular parts. They usually engaged with a straight front, 
{rectafronte, Feslus ; vel mquatis frontibus, Tibull. iv. 1. 103. acies 
DrRECTA.) Sometimes the wings were advanced before the centre, 
(acies siNUATA,} Scnec, de heat, Vit. 4. Liv. xxviii. 14. which was 
the usual method, Plutarch, in Mario ;) or the contrary, (acies gib- 
BERA, vel jlexa, which Hannibal used in the battle of Cannse, Liv. 
xxii. 47. Sometimes they formed themselves into the figure of a 
wedge, (CUNEUS vel trigonum, a triangle,) called by the soldiers 
Cafut porcinum, like the Greek letter Delta, A. Liv, viii. lOl 
Quinctil. ii. 13. Virg. xii. 269. 457. Cas. vi. 39. So the Germans, 
Tacit, de Mor. G. 6. and Spaniards, Liv. xxxix. 31. But cuneus is 
also put for any close body, as the Macedonian phalanx, Liv. xxxiL 
17. Sometimes they formed themselves to receive the cuneus, in 
the form of a FORCEPS or scissors ; thus A. Gell. x. 9. P^eget. ii. 
19. 

When surrounded by the ^nemy, they oflen formed themselves into 
a round body, (ORBIS vel GLOBUS ; hence orbesfacere vel vol- 
vert ; in orbem se tutari vel conglobare,) Sallust. Jug. 97. Liv. ii. 50. 
iv. 28.39. xxiii. 27. Cois. B. G. iv. 37. Tacit. Ann. ii. IL 

When they advanced or retreated in separate parties without re- 
maining in any fixed position, it was called SERRA, Festus. 

When the Romans gained a victory, the soldiers with shouts of 
joy saluted their general by the title of IMPER ATOR. (See p. 144) 
His lictors wreathed theiv/a^ ce^ with laurel, Plutarch, in Lucull. as 
did also the soldiers their spears and javelins, Suet.'Sylv. v. i. 92. 
Martial, vii. 5. 6. Plin. xv. 30. He immediately sent letters wrap- 
ped round with laurel {Uteres laureates) to the senate, to inform them 
of his success, to which Ovid alludes, Jrnor. i. 11. 25. and if the 
victory was considerable, to demand a triumph, Liv. xlv. 1. Cic. Pis. 
17. Jltt. V. 20. Fam. ii. 10. Jppian. B. Milhrid. p. 223. to which 
Persius alludes, vi. 43i This kind of letter was seldom sent under 
the emperors, Dio. liv. 11. Tacit. Jigric. 18. If the senate ap- 
proved, they decreed a thanksgiving {suppUcatio, vel supplicium, vel 
gratulatio, Cic. Marcell. 4. Fam. ii. 18.) to the gods, and confirmed to 
the general the title of Imperator, which he retained till his triumph 
or return to the city, Cic. Phil. xiv. 3. 4. 5. In the mean time, his 
fictors, having the yasce^ wreathed with laurel, attended him, lb. 

V. MILITARY REWARDS. 

After a victory the general assembled his troops, and in pre- 
sence of the whole army, bestowed rewards on those who deserved 
them. These were of various kinds. 

The hif^est reward was the civic crown, (CORONA CIVICA,) 
given to nim who had saved the life of a citizen, Gell. r. 6. lAv. vi. 



334 ROMAN ANTIQUlTiE»* 

30. X. 56. with this inscription, ob civem Servatuh, vel» •€#, -ioSf 
Senec. clem, i. 26. made of oali leaves, {tfronde auerna^ hence call* 
ed Qutrcus chilis^ Virg. JEn. vi. 772.) and by the appointment of 
the general presented by the person who had been saved, to his pre^ 
server, whom he ever afler respected as a parent, Cic, Plane. 30. 
Under the emiperors it was always bestowed by the prince, {impent- 
ionamanu.) Tacit. Ann. iii. 21. v. 12. It was attended with particu- 
lar bonodrs. The person who received it wore it at the sfiectacles, 
and sat next the senate. When he entered, the audience rose up, as 
a mark of respect, {ineunti etiam ah senatu assurgtbatur, Piin..xxi. 4. 
Among the honours decreed to Augustus by the senate was this, that 
a civic crown should be suspended from the top of his house, between 
two laiirel branches, which were set up in the vestibule before the 
gate, as if he were the perpetual preserver of his citizens and the con- 

Juerorof his enemies, EHo, liii. 16. Val, Max. ii. S.Jin, Ovid, Fast. 
. 614. IV. 953. Trist. iii. 1. 35.-48. So Claudius, Suet. 17. henr*, 
on some of the coins of Augustus there is a civic crown, with these 
words inscribed, ob gives servatos. 

To the persons who first mounted the rampart or entered the camp 
of the enemy, was given by the general a golden crown, called Co- 
rona Vallaris vel Castrensis. Ka/. Max. i. 8. To him who first 
scaled the walls of a city to an assault. Corona Muralis^ Liv. xxvu 
48. who first boarded the ship of an enemy, Corona Navaus, /m- 
ius ; GelL V. 6. 

Augustus gave to Agrippn, after defeating Sextus Fompeius in a 
sea-fight near Sicily, a golden crown, adorned with figures of the 
beaks of ships, hence called Rostrata, Virg. yiii. 664. said to have 
been never given to any other person, Liv. Epil. 129. Palerc. ii. Si. 
Dio. xlix. 14. but according to Festus invoc. Navali, and Pliny, vii. 
39. xvi. 4. it was also given to M. Varro m the war against the pi- 
rates by Pompey ; but they seem to confound the corona rosirala and 
navalis, which others make diflferent. So also Suel. Claud. 17. 

When an army was freed from a blockade, the soldiers gave to 
their deliverer {ei duciy qui liberav'Uj Cell. v. 6.) a crown made of the 
grass which grew in the place where they had been blocked up ; 
nence called graminea corona OBSIUIOPTa LIS, Liv. vii, 37. Plin. 
XxW. 4. 5. This of all military honours was esteemed the greatest. 
A few, who had the singular good fortune to obtain it, are recount- 
ed, fb. 5. & 6. 

Golden crowns were also given to officers and soldiers who had 
disotayed singular bravery ; as to T. Manlius Torquatus, and M. 
Valerius Corvus, who each of them slew a Gaul in single combat, 
Liv. vii. 10. 26. to P. Dccius, who preserved the Roman army from 
being <$urrounded by the Samnites, Id. 37. and to others, x. 44* 
xxvi. 2L XXX. 15. 

There were smaller rewards {pramia minora.) of various kinds ; 
as, a spear without any iron on it, (Hasta pdra,) Virg. ^n. vi. 760. 
Su€i. Claud. 28. — a flag or banner, i. e. a streamer on the end of a 
lance or spear ( VEXILLUM, quasi parrum re/rnn, Serv. in Vug. 



MILITARY REWARDS. SSS 

JEn^ Tiii. 1.) of difierent colours, ^ith ori^ithout embroidery, (ouro^ 
itan vel puruni^ Sail. Jug. 85. Suet. Aug. 25. — Trappings, (PHA* 
LERi£,) ornaments for horses, Virg, Mn. v. 310. Liv. xxii. 52. 
and for men, Ltr. ix. 46. Cic. Att. xvi. 17. Verr. iii. 80. iv. 12.—- 
Golden chains {Aureoi TORQUES.) Tacit. Annal. Ji. 9. iii. 21. Jii. 
xtnaU xvi. 60. which went round the neck, whereas the Phalera 
hung down on the breast, SiL IlaL xv. 52. — ^Bracelets, (ARMIL* 
LiE,) ornaments for the arms, Liv. x. 44. — Cormcula, ornaments 
for the helmet in the form of horns, Ihid. — CATELLiE vel Caltnu* 
/a, chains composed of rings ; whereas the Torques were twisted 
(torta) like a rope, Liv. xxxix. 31 — FIBULA, clasps. Or buckles 
for fastening a belt or garment, Ihid. 

These presents were conferred by the general in presence of the 
army ; and such as received them, after being publicly praised, 
were placed next him, Sal. Jug. 51. Liv. xxiv. 16. Cic. Phil. v. 13. 
17. They ever after kept them with great care, and wore them at 
the spectacles and on all public occasions, Liv. x. 47. They first 
wore them at the games, A. U. 459. lb. 

ThB spoils (SPOLIA, vel Exuvim) taken from the enemy, were 
fixed up on their door-posts, or in the most conspicuous part of their 
houses, Virg. JEn. ii. 504. Liv. xxiii. 23. 

When the general of the Romans slew the general of the enemy 
in single combat, the spoils which he took from him, (qua dux duci 
detraxHj) were called SPOLIA OPIMA, (ab Ope vel opibus^ Fes- 
tus,) Liv. iv. 20. and hung up in the temple of Jupiter Feretrius, 
built by Romulus, and repaired by Augustus, by the advice of Atti- 
cus, M'p. in vii. 20. These spoils were obtained only thrice before 
the fall of the republic ; the first by Romulus, who slew Acron king 
of the Caeninenses, Liv. i. 10. the next by A. Cornelius Cossus, who 
dew Lar Tolumnius, king of the Vejentes, A. U. 318. Liv. iv. 20. 
and the third by M. Claudius Marcellus, who slew YiridomaruSi 
king of the Gauls, A. U. 530. Liv. Epil. xx. Virg. Mn. vi. 859. 
Plutarch in Mar cello ; P roper t. iv. I i. 

Floras calls the spoils Ofima which Scipio iEmilianus, when in 
a subordinate rank, took from the king of the Terduii and Vaceai in 
Spain, whom he slew in single combat, ii. 17. but the Spolia Opima 
could properly be obtained only by a person invested with supreme 
command, Dio. Ii. 24. 

Sometimes soldiers, on account of their bravery, received a dou- 
ble share of corn, (duplex frumentum,) which they might give away 
to whom they pleased ; hence called DUPLiC ARII, Liv. ii. 59. vii. 
37. also double pay (duplex slipendiutn^) clothes, &c. Cfzs. bell. civ. 
liL 53. called by Cicero, Diaria, Ml. viii. 14. 

VI. A TRIUMPH. 

The highest military honour which could be obtained in the Ro- 
man state, was a triumph, or solemn procession, with which a victo- 
rious general and his army passed tbroush the ciiy to the Capitol ; so 
called from ^p&^^s^ the Greek name ofBacchus, who is said to have 



336 ROMAN ANTIQUITIES. 

been the xorentor of such processions, Varro, ie LaL ling. v. 7« 
Plin. vii. 56. s. 57. It had its origin at Rome, from Romulus car- 
rying the Spolia opima in procession to the Capitol, LHonys, iL 34. 
and the first who entered the -city in the form of a regular triumph was 
Tarquinius Priscus, Liv. i. 38. the next P. Valerius, Liv* ii. 7. and 
the first who triumphed after the expiration of his magistracy, {ado 
konore^) was Q. Publius Philo, Id. Tiii. 26. 

A triumph was decreed by the senate, and sometimes by the peo- 
ple against the will of the senate, Liv. iii. 63. vii. 17. to the general 
who, in a just war with foreigners, {jttsto et hostili bello^ Cic. Dejot. 
&) and in' one battle, had slain above 5000 enemies of the republic, 
and by that victory had enlarged the limits of the empire, Val. Max. 
iL 8. Whence a tiiumph was called Justus^ which was fairly won, 
Cie, Pis. 19. Horat: Od. i. 12. 54. And a general was said Intim- 
pharSj et agere vel deportare triumphum de vel ex aliquo ; triimu 
phare ttiiqttem vel aliquid. Virg. JEn. vi. 836. Plin. v. 5. ducere por- 
iara^ vel agere evm in irittmpho. 

There was no just triumph for a victory in a civil war, Fal, Max. 
iu & 7. Flor. iv. 2. Dio. xiii. 18. hence, Bella geri placmt nullos 
iabitura triumphos ? Lucan. i. 12. although this was not always ob- 
served, Iad. Emi. 115. 116. 133. Plin, Paneg.% Dio. xliii. 19. 
llor, when one had been first defeated, and afterwards only reco- 
vered what was lost, Ords. iv. nor anciently could one enjoy that ho- 
nour, who was invested with an extraordinary command, as Scipio in 
S^n, Liv. xxviii. 38. xxxvi. 20. nor unless he left his province in 
a slate of peace, and lm)ught thence his army to Rome along with 
trim to be present at the triumph, Liv. xxvi. 21. xxxi. 49. xxxtx. 
89. xlv. 38. But these rules were sometimes violated, particularly 
in the case of Pompey, l^al. Max. viii. 15. 8. Dio. xxxvii. 25. 

There are instances of a triumph being celebrated without either 
Che authority of the senate, or the order of the people, Liv. x. 37. 
Oros. V. 4. Cic, CcbI. 14. Suet. Tib. 2. Val. Max. v. 4. 6. and also 
when no war was carried on, Liv. xl. 38. 

Those who were refused a triumph at Rome by public authority, 
iometimes celebrated it on the Alban mountain. This was first done 
by Papirius Naso, A. U. 522. Val. Max. iii. 6. 5. whom several af- 
terwards imitated, Xtv..xxvi. 21. xxxiii. 24. xlii. 21. xlv. 38. 

As no person could enter the city while invested with military 
C9Qinmand, generals, on the day of their triumph, were, by a particu- 
lar order of the people, freed from that restriction, (Ut iis, quo die 
ur6em triumphantes inveherentur, imperium esset,) Liv. xlv. 35. 

The triumphal procession began from the Campus Martins^ and 
went from thence along the Via Trvumphalis^ through the Campus 
and Circus Flaminius, to the Porta Triumphalis, and thence through 
the most public places of the city to the Capitol. The streets were 
Btrewed with flowers, and the altars smoked with incense, Ovid, 
JWrr. iv. a. 4. 

First went musicians of various kinds, singing and playins triumph- 
al songs ; next were led the oxen to be sacrificed, having ttieir horns 



A TRIUMPH. aw 

^9 aad their heads adorned with fillets ud garknds ; thea ia caiv 
riages were brought the spoils taken from the enemy, statues, pic- 
tures, plate, armour, gold, silver, and brass ; also golden crowns, imd 
other gifts sent by the alUed and tributary states, Liv. xxxiii. 24L 
xxxvii. 58. xxxix. 5. 7. xl. 43. xlv. 40. Virg. Mru viii. 720. The 
titles of the vanquished nations were inscribed on wooden frames 
{in ferciJis,) Suet. Jul. 37. Cic. Off. i. 36. and the images or re- 
presentations of the conquered countries, cities, &c. Liv, xxvi. 2L 
QuiMtU. vi. 3. Plin. v. 5. OvicL Pont. ii. 1. 37. iii. 4. 25. Art. Am^ 
i> 220. Flor. iv. 2. The captive leaders followed in chains, with 
their children and attendants ; after the captives, came the lictora^ 
having ihovt fasces wreathed with laurel, followed by a great oompor 
ny of musicians and dancers dressed like satyrs, and wearing crowns 
of gold ; in the midst of whom was a Pantomiirifi clothed in a female 
garb, whose business it was, with his looks and gestures, to insuk the 

vanquished. Next followed a long train of persons carrying peiv 

fumes, {suffimenta.) Then canie the general (DUX) drest in 

purple embroidered with gold, {logdpicta et tunicA palmat6) with a 
crown of laurel on his head, Liv. ii. 47. x. 8. Dionys. v. 47. PHiu 
XV. 30. V. 39. a branch of laurel in his right hand, Plvi. in JEmiL 
and in his left an ivory sceptre, with an eagle on the top, Juvenal. 
X. 43. having his face painted with vermilion, in like manner as tbe 
statue of Jupiter on festival days, Plin. xxxiii. 7. 9. 36. and a golden 
ball (aurea bulla,) hanging from his neck on bis breast, with some 
amulet in it, or magical preservative against envy, Microb. Sat. i 6. 
standing in a gilded chariot, {sians in curru aiarato^) Liv. v. 23. 
adorned with ivory, Ovid. Pont, iii. 4. 35. Juvenal, viii. 3. and 
drawn by four white horses, Ovid. Art. i. 214. at least after the time 
of Camillus, Liv. v. 23. sometimes by elephants, Plir^ viii. 2. atr 
tended by his relations. Suet. Tib. 2. Domit. 2. Cic. Muram. 5. and 
a great crowd of citizens, all in white, Juvenak x. 45. His childrei| 
used to ride in the chariot along with him, Liv. xlv. 40. Appian. de 
Plane, and, that he might not be too much elated, (ne sibi placeret^) 
a slave, carrying a golden crown sparkling with gems, stood behind 
him, who frequently whispered in his ear, Remember that Taog 
ART A MAN ! Plin. xxxiii. 1. s. 4, Juvenal, x. 41. Zonar. ii. TertulL 
Apolog. 33. After the general* followed the consuls and senators 
on foot^ at least according to the appointment of Augustas ; for for* 
merly they used to go before him, Dio Ii. 21. His legati and mili- 
tary tribunes commonly rode by his side, Cic. Pis. 25. 

The victorious army, horse and foot, came last, all in their order, 
crowned with laurel, and decorated with the gifts which they had 
received for their valour, singing their own and their genetmrs 
praises, Liv. v. 49. xlv. .38. but sometimes throwing out railleries 
against him, Suet. Jul. 49. 51. Dionys. vii. 72. MarticS. i. 5. 3. oftea 
exclaiming, lo Triuhphe, in which all the citizens, as they passed 
along, joined, Horai. Od. iv. 2, 49. Ovid. Trist. iv. 2. 51. Amor, i 
2.34. 

The general, when be began to turn his chariot from the Fonan 



838 ROMAN ANTIQUmES. 

to the CapitoU ordered the captive kings and leaders of the enemy 
to be led to prison, and there to be slain, Oi>. Vtrr. v. 30, Liv, xxvi. 
13. Dio. xl. 41. xliii. 19. but not always, Jlppian, dt Bell. Mthrid. 
253. Liv. zlv. 41. 42. and when he reached the Capitol, he used to 
wait till he heard that these savage orders were executed, Joseph, 
de bell. Jud. vii. 24. 

Then, after having offered up a prayer of thank«!giving to Jupiter 
and the other gods for his success, he commanded the victims to be 
sacrificed, which were always white, Ovid. ibid, from the river Cli- 
tumnus, ^irg. G. ii. 146. and deposited his golden crown in the lap 
of Jupiter, {ingremio Jovis^) Senec. Helv. 10. to whom he dedicat- 
ed part of the spoils, Plin. xv. 30. xxxv. 40. After which he gave a 
magnificent entertainment in the Capitol to his friends, and the chief 
men of the city. Xhe consuls were invited, but were afterwards 
desired not to come, {ut venire supersedereni^) that there might be 
no one at the feast superior to the triumphant general, Fa/. Max. ii. 
8. 6. After supper, he was conducted home by the people, with 
music and a great number of lamps and torches, Dio. xliii. 22. Flor. 
ii. 2. Cic. Sen. 13. which sometimes also were used in the triumphal 
procession, Suet. Jul. 37. 

The gold and silver were deposited in the treasury, Liv. x. 46. 
and a certain sum was annually given as a donative to the ofllicera 
and soldiers, who were then disbanded, {exatictoraii et dimissif) Liv. 
zxviii. 9. XXX. 45. xxxvi. 40. — ^I'he triumphal procession sometimes 
took up more than one day ; that of Paulus iEmilius, three, Plutarch, 

When the victory was gained by sea, it was called a Naval Tai- 
UMPH ; which honour was first granted to Duilius, who defeated the 
Carthaginian fleet near Lip&ra in the first Punic war, A. U. 493. 
Liv. EpH. 17. and a pillar erected to him in the Forum, called Co* 
LUJiNA RosTRATA, QuincUl. L 7. Sil. vi. 663. with an inscription, 
part of which still remains. 

When a victory had been gained without difliculty, or the like, 
Gell. V. 6. an inferior kind of triumph was granted, called OVATIO, 
in which the general entered the city on foot or on horseback, Dio, 
liv. 8. crowned with myrtle, not with laurel, Plin. xv. 29. s. 38. and 
instead of bullocks, sacrificed a sheep, (ovem^) whence its name. 
Pint, in Marcell. Dionys. v. 47. viiL 9. Liv. iiL 10. xxvL 21. xxxi. 
20. xxxiii. 28. xli. 28. 

After Augustus, thehonour of a triumph was in a manner confined 
to the emperors themselves. Dio. lix. 19. & 23. and the generals 
who acted with delegated authority under their auspices, only receiv- 
ed triumphal ornaments, a kind of honour devised by Augustus, S»e^. 
Aiig. 38. Tib. 9. Dio. liv. 24. 31. Hence L. Yitellius, having takeo 
Tenracina by storm, sent a laurel branch in token of it {laurtampro^ 
spfire^ gcita ret) to his brother. Tacit. HisL iii. 77. As the empe* 
rors were so great, that they might despise triumphs, Flor. iv. 12. 53. 
so that honour was thought above the lot of a private person ; such 
therefore usually declined it, although offered to them ; as ViBiciuB, 
Dio. Uii 26. Agrippa* Id, liv. 11. ft; 24. Plautius, Id. Ix. 20. We 



MILITARt PUNISHMENTS. »> 

read, however, of a triumph being granted to Beliaarius the general 
of Justinian, for his victories in Africa, which he celebrated at Con- 
stantinople, and is the last instance of a triumph recorded in history 
Procop. The last triumph celebrated at Rome was by Diocletian 
and Maximian, 20 JVbv. A. D. 303. Eutrop. ix. 27. just before thqr 
resigned the empire, IL 28. 

VII. MILITARY PUNISHMENTS. 

These were of various kinds, either lighter or more severe. 

The lighter punishments, or such as were attended with inconve- 
nience, loss, or disgrace, were chiefly these, 1. Deprivation of pay, 
either in whole or in part, (stipendio privari,) Liv. xL 41. the pun* 
ishment of those whd were often absent from their standards (Iitrai- 
HOBNTEs,) Plant. TVuc. ii. 1. 19. A soldier puvished in this man- 
ner was ctdled ^Ere dirutds, FesUis. - Whence Cicero facetiously 
applies this name to a person deprived of his fortune at play, Ferr^ 
V. 13. or a bankrupt by any othfer means, Phil. xiii. 12. 2. For- 
feiture of. their spears, Censio Hastaria, Festus. 3. 'Removal 

from their tent, (locum in quo Underent mutaref) liv. xxv. 6. some- 
times to remain withotit the camp and without tents, Lh, x. 4 or 
at a distance from the winter-quarters, Liv. xxvi. 1. VaL Max. ii. 
7. 15.-— 4. Not to recline or sit at meals with the rest, {eibian sian- 

Us cap«re) Liv. xxiv. 16. 5. To stand before i\k& prmiorium in a 

loose jacket, SwU Aug^ 24. Val. Max.vu,!. 9. and the centurions 
without their girdle, {discincti^) Liv. xxvii. 13. or to dig in that dress, 
P/u/. in Lucml. — --6. To get an allowance of barley instead of 

wheat, (hordeo pasci,) Liv. ibid. Suet Aug. 24.< 4. DegrodatioD 

of rank, {ermdtis dejtctio ;) an exchange into an inferior corps or less 

honourable service, {militim muiatio^) Val. Max. ibid 8. To be 

removed from the camp, (a castrie segregari,) and empkiyed in va^ 
rious works, FegeL iii. 4. an imposition of labour, muneriifn mchc/to, 
or dismission with disgrace, {ignomitiiose miUu) Hirt. de bell. Air. 
54 vel exauctoratio, Plin. Ep. vL-SL A. Geilius mentions a 
aneular punishment, namely, of letting blood, (sanguifiem miiUndif) 
X. o. Sometimes a whole legion was deprived of its name^ as thaf 
called Augusta, i>tp. liv. 11. 

The more severe punishments were, 1. To be beaten with rods, 
{virgis cadif) or with a vine- sapling, (vt/e,) Val. Max. ii. 7. 4. Juve- 
nal. viiL 247. ^2. To be scoui^d and sold as a slave, Ltv. Epii. 

55. 3. To be beaten to death with sticks, called FUSTCJARI- 

UM, the bastinado, Hv. v. 6. Qc. Phil. iii. 6. Polyb. vi. 35. which 
was the usual punishment of theft, desertion, perjury,&c. Wbena sol- 
dier was to suQer this punishment, the tribune first struck him sently 
with a staff, on which signal aU the soldiers of the legion feilupon 
bim with sticks and stones and generally killed him on the spot If 
he made his escape, for he might fly, he could not however return to 
his native cocmtry, because no one, not even his relations, durst ad- 
mit him into their houses, Polgb. ibid. 4 . To be overwhelmed 
with stones {kpidibm cooperiri,) and hurdles, {sub cratt ntcaviy) liv. 

42 



• • 



330 ROMAN ANTIQUITIES. 

i. 51. iv. 50. 5. To be beheaded, {securi ptrcuii,) lAv. ii. 59« 

xxviiL 29. Epit. xv. sometimes crucified, Liv. xxx. 43. and to be 
left unburied, VaL Max. ii. 7. 15. — —6. To be stabbed by the 
swords of the soldiers, TaciL AnnaL i. 44. and under the emperors, 
to be exposed to wild beasts, or to be burnt alive, &c. 

Punishments were inflicted by the legionary tribunes and prsfects 
of the allies with their council ; or by the general, from whom there 
was no appeal, Polyb. vi. 35. 

When a number had been guilty of the same crime, as in the case 
<^ mutiny, ev^ry tenth man was chosen by lot for punishment, which 
was called DECIMATIO, Liv. ii. 59. Cic. Cluent. 46. Suet. Aug. 
24. Galb. 12. Tacit. Hist. i. 37. Plutarch, in Crass. Dio. xli. 35. 
xlviii. 42. xlix. 27. & 38. or the most culpabfe were selected, Liv. 
xxviii. 29. Sometimes only the 20th man was punished, vicesi- 
MATio; or the 100th, centesihatio, Capitolin. in Macnn. 12. 

VIII. MILITARY PAY and DISCHARGE. 

The Roman soldiers at first received no pay (stipendium) from 
the public. Every one served at his own chains. 

Pay was first granted to the foot, A. U. 347. Liv. iv. 59. and 
three years after, during the siege of Veji, to the horse, Id. v. 7. 

It was in the time of the republic very inconsiderable ; two oboli^ 
or three asses, (about 2|d. English,) a day to a foot soldier, the 
double to a centurion, and the triple to an eques, Poiyb. vi. 37. 
Plant. Most. ii. 1. 10. Ldv. v. 12. Julius Caesar doubled it, Suet. 
Jul. 26. Under Augustus, it was ten asses, (7f d.) Suet. Aug. 49. 
Tacit. Ann,i. 17. and Domitian increased ,it still more, by adding 
three gold pieces annually. Suet. Domit. 7. What was the pay of 
the tribunes, is uncertain ; . but it appears to have been considerable, 
Juvenal, iii. 132. The praetorian cohorts had double the pay of the 
common soldiers, Dio. liv. 25. Tacit. ib» 

Besides pay, each Soldier was furnished with clothes, and received 
a certain allowonOe {dimensum) of com, commonly four bushels a 
'month, the centbrions double, and the equites triple, Polyb. vi. 37. 
But for these things a part of their pay was deducted, Tacit. Ann. i. 
n.Polyb.ib. 

The allies received the same quantity of corn, except that the 
horse only received double of the foot. The allies were clothed and 
paid by their own states, Polyb. ibid. ' 

Anciently there were no cooks. permitted in the Roman army. 
The soldiers dressed their own victuals. They took food twice a day, 
at dinner and supper. A signal was publicly given for both. The 
dinner was a slight meal, which they commonly took standing. 
They indulged themselves a little more at supper. The ordinary 
drink of soldiers, as of slaves, was water mixed with vinegar, called 
PoscA, Plant. MU. iii. 2. 23. 

When the soldiers had served out their time, {stipendia legit ima 

feeissent vel meruissent^) the foot twenty years, and the horse ten, 

they were called Emeriti, Lucan. i. 344. and obtained their dis- 



ATTACK AND DEFENCE, &c. 3S1 

chai^. This was called MISSIO H0NE8TA vel justa. When 
a soldier was discharged for some defect or bad health, it was call- 
ed Missio Causaria ; if, from the favour of the general, he was dis- 
chaj^d before the just time, Mssio gratiosa, Liv. xliii. 14. if on 
account of some fault, ignominiosa, Hirt. de bell, Afr, 54. D. dt re 
milit. I. 13. 

Augustus introduced a new kind of discharge, called Exauctora- 
Tio, by which those who had served sixteen campaigns, were ex* 
empted from all military duty except fighting. They were, however, 
retained [ienebantur) in the army, not with the othisr soldiers under 
standards (sub signis el aquilis^) but under a flag by themselves, {sub 
vexillo seorsim, Tacit Annal. i. 36. whence they were called VEX- 
ILLARII or Veterani^ sometimes all Subsignam^ TaciL Hist, i. 70.) 
till they should receive a full discharge, and the rewards of their 
service (pramia vel commoda fnililice,) either in lands or money, or 
both, Suet. Aug. 49. Cat. 44. Cic. Phil. ii. 40. Virg. Eel. i. 71. ix. 
2. — 5. Horat. Sat. ii. 6. 55. which sometimes they never obtainedt 
Tacit. Annal. i. 17. Stiet, Tiber, 48. Dio. liv. 25. Exauctorark iff 
properly to free from the military oath^ to disband, Liv. viii. 34^ 
XXV. 20. Suet. Aug. 24. Vit. 10. 

IX. METHOD of ATTACKING and DEFENDIJ^G TOWNS. 

The Romans attacked (oppugnabant) places either by a sudden 
assault, or, if that failed, {si subito impetu expugnare nork poterant^) 
they tried to reduce them by a blockade, Cas, B. G. vii. 36. 

They jfirst surrounded a town with troops {corona cingebantj vel 
circunddbant, Liv. vii. 27. xxiii. 44. xxiv. 2. mania exercitu circum' 
veneruntj Sallust. Jug. 57.) and by their missive weapons endeavour- 
ed to clear the walls of defendants, {nudare muros defensoribus^ vel 
propugnatoribus.) Then, joining their shields in the form ofditestudo 
or tortoise, {testudine facta y. acta,) Liv. xliv. 9. Dio. xlix. 30. to se- 
cure themselves from the darts of the enemy, they came up to the 
gates, {succtdere portis,) and tried either to undermine {subrutre vel 
subfodere) the walls, or to scale them, Liv, x. 43. xxvi. 45. xxxiv, 
39. xliv. 9. Cas. R G. ii. 6. Tacit. Hist. iii. 28. 31. Sallust. Jug. 94 

When a place could not be taken by storm, it was invested, Liv. 
iL 11. Two lines of fortifications or intrenchments {ancipitia mu' 
nimenta vel munitiones) were drawn around the place at some dis- 
tance from pne another, called the lines of contravallation and cir- 
cumvallation ; the one against the sallies of the townsmen, and the 
other against attacks from without, Liv, v. 1. ifxxviii. 4. 

These linies were composed of a ditch and a rampart, strengthen- 
ed with a parapet and battlements, {lorica et pinncs,) and sometimes 
a solid wall of considerable height and thickness flanked with towera 
and forts at proper distances round the whole. 

At the foot of the parapet, or at its junction with the rampart, (ad 
commissuras pluteorum atque aggeris) there sometimes was a palli« 
sad^ made of lai^ stakes cut in the form of stags' boms ; hence call- 
ed CERVI, to prevent the ascent of the enemy. Before that, there 



333 ROMAN ANtlQUlTIES. 

« 

were several rows of trunks of trees, or larffe branches sharpened 
at the ends, (praacutis cacuminibusy) called CIPPI, fixed in trenches 
{fossa) about five feet deep. In front of these'were dug pits [scrobes) 
of three feet deep, intersecting one another in the form of a quin^ 
ctmxi thus, 



stuck thick with strong sharp stakes, atid covered over with bushes 
to deceive the enemy, called LILIA; Before these, were placed up 
and down {omnibus locis disserebantur) sharp stakes, about a foot 
long, (Talgje,) fixed to the ground with iron hooks, called Stimuli. 
In front of all these, Caesar, at Alesia^ made a ditch twentjr feet wide, 
400 feet from the rampart, which was secured by two ditches, each 
fifteen feet btoad, and as many deep ; one of them filled with water. 
But this was merely a blockade, without any approaches or attacks 
on the city, Ctes. B. G..vii. 66. 67, 

Between the lines were disposed the army of the besiegers, who 
were thus said, Urbem obsidione claudert vel cingert, to invest. 

The camp was pitched in a convenient situation to communicate 
with the lines* 

From thfe inner line was raised a mount, (AGGER* exstruebatur) 
composed of earth, wood, and hurdles, (crates,) and stone, wjiich 
was gradually advanced (promovebatur) towards the town, alwavs 
increasing in height» til^ it equalled or overtopped the walls. The 
mount which Csesar raised against Avaricum or Bourges, Was 330 
feet broad, and 80 feel high, Cccs. B. G, vii. 23. 

The Agger or mount was secured by towers consisting of different 
stories {iurres contabulatcsj) from which showers of darts and stones 
were discharged on the townsmen by means of engines, {tormenta^) 
called CATAt>ULT;s9 Balists, and Scorpiones, to defend the work 
and workmen, {opus el administros tutari,) Sallust. Jug. 76. Of these 
towers C'sesar is supposed to have erected 1561 on his lines around 
• Alesia, Cces. de Bell. G. vii. 7*2. The labour and industry of the 
Roman troops were as remarkable as their courage* 

There were also moveable towers, (Turres mobiles vel ambu- 
latoria,) which were pushed forward {admovebanlur vel adigeban* 
tur) and brought back {reducebantur) on wheels, fixed below {rolis 
iiibjectis) on the inside of the planks, Ca's. B. G. ii. 31. v. 42. vii. 
24. Hiri. de bell. Alex. 2. Liv. xxi. IL 

To prevent them from being set on fire by the enemy, they were 
covered with raw hides {coria) and pieces of coarse cloth and mat- 
tresses, {cejitones vel cilicia,) Ctes. de bell. Civ. ii. 10. They were of 
an. immense bulk, sometimes thirty, forty, or fifty foot square, and 

^Tbe AookA, oVMobnt, was employed in laoderii times, by the Rimlani ; I 
tlittritiytt|^«U«i» of Oduakow. 



ATTACK AND DEFENCE, dEc. 333 

hif^er than the walls, or even than the towers of the citjr. When 
they could be brought up to the walls, a place was seldom able to 
itand out long, Lit. xxi. 11. 14. xxxii. 17. xxxiii. 17. 

But the most dreadful machine of all was the battering ram, 
(ARIES,) a long beam, like the mast of a ship, and armed at one end 
with iron in the form of a ram's head ; whence it had its name. It 
was suspended by the middle with ropes or chains fastened to a beam, 
that lay across two posts, and hanging thus equally balanced, it was 
by a hundred men, more or less, (who were frequently changed,) vio* 
lentiy thrust forward, drawn back, again pushed forward, till b^ re- 
peated strokes it had shaken and broken down th^ wall with its irOR 
head, VegeL iv« 14. Liv. xxi. 12« xxx. 32. 46. xxxii. 23. xxxviii. 5. 
Joseph, de btlL Jud* iii. 9. 

The ram was covered with shedcTor mantlets, called VINEiE, ma- 
chines constracted of wood and hurdles, and covered with earth or 
raw hides, or any materials, which could not easily be set on fire* 
They were pushed forwards by wheels below,)>o<i> subjectis agebanf^ 
tur vel impeilebaniur^) Sallust. Jug. 76. Under them, the besiegeltf 
either worked the ram, or tried to undermine the walls, Liv. v» 17. 
V. 7. X. 34. xxi. 7. 61. xxiii. 18. 

Similar to the Vinea in form and use were the TESTUDINES ; 
so called, because those under them were safe as a tortoise under its 
shell, Liv. V. 5. Cos. B. Q. v. 41. 50. de bell. Civ. ii. 2. 14. 

Of the same kind were the PLUTEI, Liv. xxi. 61. xxxiv. 17. Gw. 
passim, the Mdsculi/s, ibid. &c 

These mantlets or sheds were used to cover the men in filling up 
the ditches, and for various other purposes, Cas. B. G. vii. 58. 

When the nature of the ground would permit these machinet 
to be erected or brought forward to the walls, the besiegers some- 
times drove a mine (CUNlCULUM agebant) into the heart of the 
city, Liv. v. 19. 21. or in this manner intercepted the springs of wa- 
ter, Hirt. de Bell. Gell. vlii. 41. 43. 

When they only wished to sap the foundation of the walls, they 
supported the part to be thrown down with wooden props^ which b^ 
inff consumed with fire, the wall fell to the ground. 

In -the mean time the besieged, to frustrate the attempts of the be- 
siegers, met their mines* with countermines,' {transversis ctimctifif 
hostium cuniculos eicipere^) Liv. xxiii. 18. which sometimes occa- 
sioned dreadful conflicts telow ground, x^viii. 7. The great ob- 
iect was to prevent them from approaching the walls {apertos^ sc. ab 
hostibus vel Romanis, cuniculos fnortxhantur^ manibusque appropin^ 
quare prohibebant^ Caes. B. G. vii. 22. 

The besieged also, by means of mines, endeavoured to frustrate 
or overturn the works of the enemy, C<bs. B. G. in. 21. vii. 22. 
They withdrew the earth from the mount, {terram ad se inirorsus 
subtrahebantf) or destroyed the works by fires below, in the same 

* Mlniiig ttttd ooniiterraiiiinft faare been often used in modern tknei, ei|)ecially In 
Flmisn md thd Lem Csw t HUs, 



334 ROMAN ANTIQUITIES. 

manner as the besiegers overturned the walls, Ozs. ibid. Joseph, de 
Bdl. Jud. ill 1% 

When they apprehended a breach would be made, they reared 
r.ew walls behind, with a deep ditch before them. They employed 
various methods to weaken or elude the force of the ram, and to de- 
fend themselves against the engines and darts of the besiegers, Ldv. 
xlii. 63. But these and every thing else belonging to this subject, 
will be best understood by reading the accounts preserved to us of 
ancient sieges, particularly of Syracuse by Marcellus, Liv, xxiv. 33. 
ofAmbracia by Fulvius, /d xxxviii. 4. of Alesia by Julius Caesar, 
de Bell. Gall. vii. ^f Marseilles by his lieutenants, Gas. B. Civ. vl 
and of Jerusalem, by Titus Vespasian, Joseph, de Bell. Jud. 
' When the Romans besieged a town, and thought themselves sure 
of taking it, they used solemnly (certo carmine) to call out of it (evo* 
care) the gods, under whose protection the place was supposed to 
be, lAv. V. 21. Henoe when Troy was taken, the gods are said to 
have left their shrines,* Firg. JEn. ii. 351. For this reason, the Ro- 
mans are said to have kept secret their tutelary god, and the Latin 
name of the city, Plin. iii. 5. s. 9. xxviii. 2. s. 4. Macrob, iiL 9. 

The form of a surrender we have, Liv. i. 38. Plaut. Amph. \. 1. 
71. & 102. and the usual manner of plundering a city when taken* 
Polyb. X. 16. 

NAVAL AFFAIRS OP THE ROMANS. 

Navigation* at first was very rude, and the construction of ves- 
sels extremely simple. The most ancient nations used boats made of 
trunks of trees hollowed {ex singulis arboribus cavatis^) Vii^. G. 126. 
262. Plin. xvi. 41. Liv. xxvi. 26. called Alvei, lintres, scapha 
vel MONOXYLA, Puterc. ii. 107. Ovid. Fast. ii. 407- Liv. i. 4. xxv. 
3. Plin. vi. 23. Strab. iii. 155. or comffosed of beams and planks 
fastened together with cords or wooden pins called RATES, Festus ; 
orof reeds, called Cann2e, Jiuvena/. v. 89. orpartly of slender planks 
(carina ac stalumina, the keels and ribs, ex levi materia^) and partly 
of wicker hurdles or basket work, (reliqwim corpus navium vimifiibus 
contextum^) and covered with hides, as those of the ancient Britons, 

* In nothing perhaps has improvement been more conspicuoas than in buildings 
equipping, working, and jcondactVng ships. In the gloom of .ignorance and barba- 
rism Navaf Architecture was very rude and uncouth ; but discoveries on this subject 
ivere so acceptable to mankin4« that inventions, tending to improve the arts of Na-> 
vi^tion and Naval Architecture, were deemed worthy of the greatest honours, and 
often elevated the inventors to the rank of deities. Hence ^rgo and others, which 
were new ships of a better construction than those which had preceded them, ob- 
tained a place among the stars. Among the ancient Egyptians and Sicilians, very 
large ships were built, and among the former, some of a very great sise were employ- 
ed in commerce ; but they were unwieldy, and difficult to be managed. The pro- 
gress of commerce, and the discovery of the compass and of gunpowder, have stimu- 
lated the minds of men to exertions in the improvement of Naval Architecture, for 
the amelioration of private fortune, and for the attainment of warlike glory. 




from 
tide. 
fo^ cannot be foreseen, though very extraordinary resajts may be exptcted. E> 



NAVAL AFFAIRS, &c/ 335 

Ccs$. B. G. i. 54. Lucan. iv. 131. and other nations, HtrodoU i. 194 
Dio. xlviii. 18. hence called Navioia vitilia corio circumsutay Plin. 
iv. 16. vii.'56. and naves siUiles, xxiv. 9. s. 40. in allusion to which, 
Virgil calls the boats of Charon Cymha sutilis^ Mn vi. 414 some- 
what similar to the Indian canoes, which are made of the bark of 
trees ; or to the boats of the Icelanders and Esquimaux Indians, 
which are made of long poles, placed crosswise, tied together with 
whate sinews, and covered with the skins of sea dogs, sewed with 
sinews instead of thread. 

The Phoenicians, or the inhabitants of Tjrre and Sidon, are said to 
have been the first inventors of the art of sailing, as of letters and 
astronomy, Plin. v. 12. For Jason, to whom the poets ascribe it, 
Ovid. Met. vi. vers. ult. tt Amor. ii. 11. 1. Lucan. iii. 194. and the 
Ai^onaats, who first sailed under Jason from Greece to Colchis in 
the ship Argo, in quest of the golden fleece, that is, of commerce, 
flourished long after the Phoenicians were a powerful nation. But 
whatever be in this, navigation certainly received from them its 
chief improvements. 

The invention of sails is by some ascribed to ^olus^ the god of the 
tvinds, Diodor. v. 7. and by others to Daedalus ; whence he is said 
to have flown like a bird through the air, Virg. Mn. vi. 15. — ^They 
seem to have been first made of skins, which the Ventti^ the people 
of Vienne in Gaul^ used even in the time of Csesar, B. G. iii. 13. af- 
terwards of flax or hemp ; whence lintea and carbasa^ (sing. -?4^,) are 
^ut for vela, sails. Sometimes -cloths spread out were used for sails, 
TliaV. Annal. ii. 24. Hist. v. 23. Juvenal, xii. 66. 

It was long before the Romans paid any attention to naval affairs. 
They at first had nothing but boats made of thick planks (ex tabulis 
crassioribus^ Festus,) such as they used on the Tiber, called Naves 
CAUDicAai£ ; whence Appitis Claudius, who first persuaded them to 
fit out a fleet, A. U. 489. got the surname of Caudex, Senec. de breo. 
vitas, 13. Varr. de Fit. Rom. 11. They are i^aid to have taken the 
model of their first ship of war from a vessel of the Carthaginians, 
which happened to be stranded on their coasts, and f o have exercis* 
ed their men on land to the management of sliips, Polyb. i. 20. & 21. 
But this can hardly be reconciled with what Polybius says in other 
places, nor with what we find in Livy about the equipment and ope- 
rations of a Roman fleet, Liv. ix. 30. 38. Their first ships of war 
were probs^bly built from the model of those ofAntitan, which, after 
the reduction of that city, were brought to Rome, A. U. 417. Liv. 
viii. 14. It was not, however, till the first Punic war that they 
made apy figure by sea. 

Ships of war were called NAVES LONGiE, because they were 
' of a longer shape than ships of bqiden, {naves ONERARIiE. hXKoSsc, 
whence hulks ; or barca, barks, Isidor.-xix, 1.) which were more 
round and deep, C<bs. B. G. iv. 20. v. 7. The ships of war were 
moved chiefly by oars, the ships of burden by sails, C<bs. B. O. iv: 
25. Cic. Fam. xii. 15. and as they were more heavy {graviores), and 
sailed more slowly, they were sometimes towed {r^mulco tracta) af- 
ter the war ships, Liv. xxxii. 16 



«W ROMAN ANTIQUITIKS. 

Their ships of war were yariouBly naoied from their rows or ranks 
of oars (oi ordinibus remorvm). Those which had two rows or tiers 
were called Biremes^ {'Dicrota^ Cic. Att. v. 11. xvi. 4* vel Dicrot^f 
Hirt. B, Alex. 47.) three, irinmes ; four, quadrirenuf ; five, quin- 
queremes yel penteres. 

The Romans scarcely had any ships of more than five banks of oars; 
and therefore those of six or seven bianks are called by a Greek name, 
Hex^reSf Hepteres^ Liv. xxxvii. 23. and above that by a circumlocu- 
tion, iiaves^ octOf novem^ decern ordinum^ vel Terstmm, Flor. iv. 11 . 
Thus Livy calls a ship of sixteen rows, (hxiMtSsKri^f Polyb.) navis tn- 
genlia piagnitudinis^ quam sexdecim versus rtmorum agebantt liv. 
xlv. 34. This enormous ship, however, sailed up the Tiber to Rome, 
Ibid. ^Thfe ships of Antony, (whicji Florus . says resembled float- 
ing castles and towns, iv. 11. 4. Virgil, floating islands or mountains, 
.£»• viii, 691. So Dio.' L 33.) had only from six to nine banks of 
oars, Fior. iv. 4. Dio saj^s from four to ten rows, K 23. 

There are various opinions about the manner in which the rowers 
sat That most generally received is, that they were placed above 
one another in diflkreiit stages or benches (in transtris yeljugis) on 
oi;ie Side of the ship, not in a perpendicular line, but in the form of a 
quincuna:. The oars of the lowest bench were short, and those of the 
other benches increased in length, in proportion to their height above 
the water. This opinion is confirmed by several passages in the 
classics, Virg. Mn. v. 119. Lucan. iii. 536. SiL Italic, xiv. 424. and 
by the representations which remaia of ancient galleys, particularly ^ 
that on Trajan's pillar at Rome. It is, however, attended with dif- 
ficulties not easily reconciled.* 

There were three different classes of rowers, whom the Greeks 
called ThramtcBj Zeugita^ or Zeugioi, and ThalamtKB, or -tot, from 
the different parts of the ship in which they were placed. The first 
int in the highest part of the ship, next the stern ; the second, in the 
middle ; and the last in the lowest part, next the prow. — Some think 
that there were as many oars belonging to each of these classes of 
rowers^ as. the ship was said to have ranks or banks of oars ; Others^ 
that there were as mahy rowers to each oar; as the ship is said to 
bave banks ; and some reckon the number of banks by that of oan 
on each side. In this manner they remove the diflSculty of suppo* 
sing eifiht or ten banks of oars above one another, and even forty ; < 
for a ^ip is said by Plutarch and Athenseus, to have been built by 
Ptolemy Philopator which had that mmiber : So P/tn. vii. 56. Bol 
these opinion^ are involved in still more inextricable diflliculties. 

Ships contrived for lightness and expedition {naves ACTUARL£) 
had but one rank of oars on each side, (sirnplke ordint agebaniur^ 
Ikumg^iSf Tacit. Hist. v. 23.) or at most two, Cas. fi. G. v. 1. Lmcan. 

* Tfaa late Britith Gen. Stewart, in a publication on this sabjeet, has endearoar- 
«d to show the fonn and management of the Roman ihips ; and by eomparmg the 
taprenntatton on Traian'a pHlar wiUi the descriptions to be found in the classics, has 
elaarad up many of tnese aifficulties. Accoidinc to him, the Mt% of tiMir vessels 
fwnad an ^gle of 45 degrees with the surface of the water, 



NAVAL AFFAIRS, &c. tSJ 

m. 534 They were of different kinds, and called by Tarious oamftB ; 
BBf CelOceSf i. e. naves ceteris vel cursoria, Ltmhi^ Phaslli^ M\fopar9- 
nes^ &c. Cic, et Liv. But the most remarkable of these were the 
naves LIBURNiE, HoraL Epod. i. 1. a kind of light galleys, used by 
the LdbumU a people of Dalmatia addicted to pfracy. To ships of 
this kind Augustus was in a great measure indebted for his victory 
over Antony at Actium, Dio. 1. 29. 32. Uence, after that time« the 
name of naves LIBURNiE was given to all light quick-sailing ves- 
sels, and few ships were built but of that construction, Feget, iv. 33. 

Ships were also denominated from the country to which they be- 
longed, C(Bs. B. G. iii. 5. Cic, Verr, v. 33. and the various uses to 
which they were applied ; as, Naves MF.acAToaf je, frumentarim^ 
vinari(By olearics ; Piscatoria, Liv. xxiii. 1« vel Ununcuii^ fishing- 
boats, Cas, B. C. ii. 39. Spcculatori£ et exploratorie^ spy-boats, 
Ziv. XXX. 10. xxxvi. 42. Piraticas vel predatoria, Id. xxxiv. 32. 36. 
HvppAoooA vel Hyppagines^ for carrying horses and their riders, 
Iav. xliv. 28. GelL x. 25. Festus. Tabellaria:, message-boats, &- 
nee. Epist. 77. Piaut. Mil. Glor. iv. 1. 39. Vectoria gravesqu£, 
transports and .ships of burden ; AnnQi\n(E privataquty built that or 
the former year for private use : Some read annonariiB^ i. e. for car* 
rying provisions, Cas. B. 6. v. 7. Each ship had its long-boat join- 
ed to it, {cymbuUce onerariis adharescebanl,) Plin. Ep. 8. 20. 

A large Asiatic ship among the Greeks was called Ckrcurus, 
Plaui, Mera, i. 1. 86. Stick, ii. 2. 84. iii. 1. 12. it is supposed from 
the island of Corcyra ; but Pliny ascribes the invention of it to the 
Cyprians, vii. 56. 

Galleys kept by princes and great men for amusement, were call* 
ed by various names ; Triremes ceretce vel ceratce, lusoria et cubiculata 
vel ihalamlgi^ pleasure-boats or barges, Senec. de ben. vii. 20. Suet, 
Cas, 52. privoB, i. e. propria et nan meritoria^ one's own, not hired, 
Horat, Ep,\^ \, 92. sometimes of immense size, Deceres vel decern^ 
remes. Suet Cal. 37. 

Each ship had a name peculiar to itself inscribed or painted on its 
prow : thus, Pristis, Scylla, Gentaurus, &c. Virg. Mn. v. i 16. 
&c called PARASEMON, its sign, Herodoi. viii. 89. Liv, xxxvii. 
39. or INSIGNE, Tacit, Ann. vi. 34. as its tutelary god {iutela vel 
itiielare numen) was on its stern, Ovid, Trist. i. el, 3. v, 110. et el, 9. 
V, I. Herod. xvL 112. Pers. vi. 30. Sil. Hal. xiv. 411. 439. whence 
that part of the ship was calied TUTELA or Cautela, and held sa- 
cred by the mariners, Lucan. iii. 501. Senec. Epist. 76. Petron. c. 
105. There supplications and treaties were made, Liv, xxx. 36. 
Sil. Ital, xiii. 7& 

In some ships, the tiUela and «'afatft}(^ov were the same, Serv. ad 
Virgil, Mn, v, 116. Act. Apost, xxviii. 11, 

Ships of burden used to have a basket suspended to the top ^f 
their mast as their sign, {pro signo,) hence they were called Coaai- 
TJ6, Festus. Gc. Alt. xvi. 6. Plant. Pan. iii. 1. 4. & 40. 

There was an ornament in the stern and sometimes on the prow, 
made of wood like the tail of a fish, called APLUSTRE, vel plm^. 

43 



SS8 ROMAN ANTIQUITIES. 

•ia^ firom which was erected a staff or pole with a riband or streamer 
(Joicia vel tania) on the top, Juvenal, x. 136. Lucan, iii. 671. 

The ship of the commander of a fleet {navis pratoria) was distin- 
guished by a red flag, {vexillum vel velum purpureunij) Tacit. Hist 
▼. 22. Plin. xix, 1. Ccbs. B. C. ii. 6. and by a light, Flar, iv. 8. Virg. 
Mn, ii. 256. 

The chief parts of a ship and its appendages were, CARINA, the 
keel or bottom ; Statumina^ the ribs, or pieces of timber which 
strengthened the sides ; PRORA, the prow, or fore-part ; and PUP- 
PIS, the stem or hind-part ; ALY EUS, the belly or hold of the ship ; 
SENTINA, the pump, C<bs. B. C. iii. 25. or rather the bilge or bot- 
tom of the hold, where the water, which leaked into the ship, re- 
mained till it was pumped out; {donee per antliah exhauriretur^) 
Cic. Fam. ix. 15. Sen. 6. Martial ix. 19. 4. Suet. Tib. 51. or the 
bilge^water itself, Juvenal, vi. 99. properly called nautea, Plaui. 
J sin. V. 2. 44 J^onius. 1. 25. In order to keep out the water, ships 
were besmeared with wax and pitch ; hence called cerate, Ovid. 
Her. ▼. 42. 

On the sides (lalera) were holes (foramina) for the oars, (REMI, 
called also by the poets ionsa ; the broad part or end of them, pa/- 
ma, vel palmula ;) and seats {sedilia vel tramira) for the rowers, 
(remiqes.) 

Each oar was tied to a piece of wood, {paxillus vel lignum teres^) 
called SCALMUS, by thongs or strings, called Stroppi vel strvppi^ 
Isid. xix. 4. hence scalmus is put for a boat, Cic. Off. iii. 14. Navi- 
ajda duorum scalmorum^ a boat of two oars, Cic. Oral. ii. 34. Actu- 
arial sc. nav