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DICTIONARY
OP
NEW YOKK:
HARPER & BROTHERS, PUBLISHERS,
FRANKLIN SQUARE.
1882.
Entered, according to Act of Congress, in the year one thousand
eight hundred and forty-three, by
CHARLES ANTHON,
in the Clerk's Office of the District Court of the Southern Distort
of New York.
WILLIAM B. ASTOR, ESQ.
AX ALUMNUS OF OUR COMMON ALMA MATEK, AND A STRIKING PROOF HOW GRE1TLI
4N UNCEASING ATTACHMENT TO CLASSICAL STUDIES TENDS TO ELEVATE
AND ADORN THE CHARACTER OF THE AMERICAN MERCHANT,
in
BY
C. A
PREFACE
TO THE AMERICAN EDITION
THE merits of the present work are so fully set forth in the preface of the London
editor as to render any additional remarks on this subject almost unnecessary. The
student has here a guide to an accurate knowledge of Greek and Roman Antiquities,
before which the meager compilations of Potter and Adams must sink into utter in
significance ; and he is put in possession of a vast body of information in a most
interesting department of study, which it might otherwise have cost him the labour
of a whole life to accumulate. All the most recent and valuable discoveries of the
German scholars are here placed within his reach, and there is nothing to prevert
their speculations becoming as familiar to him as household words. The work is, in
truth, a German one in an English garb, and will be found to contain all that lumess
and accuracy of detail for which the scholars of Germany have so long and justly
been celebrated. It is equally intended, also, for the general reader, and as a work
of popular reference will be found to be invaluable, not only from its accuracy of
research, but from the wide field over which it ranges. In a word, the present vol-
ume supplies what has long been felt as a great desideratum in English literature.
In order to render the work, however, if possible, still more useful, the American edi-
tor has added a large number of articles relative to the Botany, Mineralogy, and Zoolo-
gy of the ancients, topics interesting and curious in themselves, and which, it is con-
ceived, fall naturally within the scope of such a work as the present one. The contri-
butions by the American editor are distinguished from those of the English writers by
having an asterisk prefixed. In preparing them, the editor has availed himself of vari-
ous sources of information, but more particularly of three, which it affords him great
pleasure to mention here. The first is the Collection of Scientific and other Terms, by
his learned friend, Francis Adams, Esq., of Scotland, and which has appeared as an Ap-
pendix to the Greek Lexicon of Professor Dunbar. It embraces the opinions, not only
of the ancient naturalists, but of the most celebrated, also, among the moderns, and haa
afforded the American editor the most numerous, as well as the richest materials for
his labours. The second source whence information has been obtained on various
topics connected with the natural history of the ancients is the noble edition of Cu-
vier's Animal Kingdom, by Griffith and others, in 16 volumes, 8vo, a work full of
curious learning, and replete with interesting observations on the naturalists of an
tiquity and the opinions entertained by them. On the subject of Ancient Mineralogy,
the editor acknowledges himself deeply indebted to the excellent work published
some years ago by Dr. Moore, at that time Professor of Ancient Languages in Co-
lumbia College, now President of that institution ; and he takes the greater pleasure
in stating his obligations to the labours of this distinguished scholar, since it affords
him, also, the opportunity of congratulating his Alma Mater on having her highest
office filled by one so well qualified to advance her best interests, and to gain for her
the esteem and approbation of all who wish her well.
As regards the general appearance of the work, some changes of form have been
made which may here be enumerated. In the English edition, the articles relating
to Grecian Antiquities have their
heading in Greek characters. This, although no
obstacle, of course, to the student or professed scholar, is a serious impediment in
the way of the general reader, and might mar the popularity of the work. To guard
against such a result, great care has been taken to change all the headings of the
Greek articles (except such as relate to legal matters) to Roman characters, while,
at the same time, in order to
satisfy the scholar, the Greek title is written immedi-
ately after the Roman. Should any words, by this arrangement, be thrown out of
the alphabetical order, their places can be discovered in un instant by the General
Index at the end of the volume. In the English edition, again, the references and
authorities are given in the body of the article, a plan calculated to deter the general
reader, and which, at best, is one of very doubtful propriety, since it mars the ao
T, PREFACE.
THE study of Greek and Roman Antiquities has, in common with all other philc
ogical studies, made great progress in Europe within the last fifty years. The
earlier writers on the subject, whose works are contained in the collections of Gro-
novius and Grsevius, display little historical criticism, and give no comprehensive
view or living idea of the public and private life of the ancients. They were con-
tented, for the most part, with merely collecting facts, and arranging them in some
systematic form, and seemed not to have felt the want of anything more :
they wrote
about antiquity as if the people had never existed they did not attempt to realize
:
to their own minds, or to represent to those of others, the living spirit of Greek and
Roman civilization. But, by the labours of modern scholars, life has been breathed
into the study : men are no longer satisfied with isolated facts on separate depart-
ments of the subject, but endeavour to form some conception of antiquity as an
organic whole, and to trace the relation of one part to another.
There is scarcely a single subject included under the general name of Greek and
Roman Antiquities which has not received elucidation from the writings of the
modern scholars of Germany. The history and political relations of the nations of
antiquity have been placed in an entirely different light since the publication of Nie-
buhr's Roman History, which gave a new impulse to the study, and has been suc-
ceeded by the works of Bockh, K. O. Miiller, Wachsmuth, K. F. Hermann, and other
distinguished scholars. The study of the Roman law, which has been unaccountably
neglected in this country, has been prosecuted with extraordinary success by the
great jurists of Germany, among whom Savigny stands pre-eminent, and claims our
profoundest admiration. The subject of Attic law, though in a scientific point of
view one of much less interest and importance than the Roman law, but without a
competent knowledge of which it is impossible to understand the Greek orators, has
also received much elucidation from the writings of Meier, Schbmann, Bunsen, Plai-
ner, Hudtwalcker, and others. Nor has the private life of the ancients been neglect-
ed. The discovery of Herculaneum and Pompeii has supplied us with important
information on the subject, which has also been discussed with ability by several
modern writers, among whom W. A. Becker, of Leipzig, deserves to be particularly
mentioned. The study of ancient art likewise, to which our scholars have paid littl*
attention, has been diligently cultivated in Germany from the time of Winckelmanr
and Lessing, who founded the modern school of criticism in art, to which we are
indebted for so many valuable works.
While, however, so much has been done in every department of the subject, no
attempt has hitherto been made, either in Germany or in this country, to make the
results of modern researches available for the purposes of instruction, by giving
them in a single work, adapted for the use of students. At present, correct infor-
mation on many matters of antiquity can only be obtained by consulting a large
number of costly works, which few students can have access to. It was therefore
thought that a work on Greek and Roman Antiquities, which should be founded or.
a careful examination of the original sources, with such aids as could be derived
from the best modern writers, and which should bring up the subject, so to speak,
to the present state of philological learning, would form a useful acquisition to all
persons engaged in the study of antiquity.
It was supposed that this work might fall into the hands of two different classes
of readers, and it was therefore considered proper to provide for the probable wants
of each, as far as was possible. It has been intended not only for schools, but also
for the use of students at universities, and of other persons, who may wish to obtain
more extensive information on the subject than an elementary work can supply
Accordingly, numerous references have been given, not only to the classical authors
but also to the best modern writers, which will point out the sources of information
on each subject, and enable the reader to extend his inquiries farther if he wishes
nii PREFACE.
A.t the same time, it must be observed, that it has been impossible to give at the end
of each article the whole of the literature which belongs to it. Such a list of works
as a full account of the literature would require would have swelled the work much
beyond the limits of a single volume, and it has therefore only been possible to refer
to the principal modern authorities. This has been more particularly the case with
such articles as treat of the Roman constitution and law, on which the modern wri,
ters are almoat innumerable.
A work like the present might have been arranged either in a systematic or an
alphabetical form. Each plan has its advantages and disadvantages, but many rea-
sons induced the editor to adopt the latter. Besides the obvious advantage of an
alphabetical arrangement in a work of reference like the present, it enabled the edi-
tor to avail himself of the assistance of several scholars who had made certain de-
partments of antiquity their particular study. It is quite impossible that a work
which comprehends all the subjects included under Greek and Roman Antiquities
can be written satisfactorily by any one individual. As it was therefore absolutely
necessary to divide the labour, no other arrangement offered so many facilities for
the purpose as that which has been adopted ; in addition to which, the form of a
Dictionary has the additional advantage of enabling the writer to give a complete
account of a subject under one head, which cannot so well be done in a systematic
work. An example will illustrate what is meant. A history of the patrician and
plebeian orders at Rome can only be gained from a systematic work by putting
together the statements contained in many different parts of the work, while in a
Dictionary a connected view of their history is given, from the earliest to the latest
times, under the respective words. The same remark will apply to numerous other
subjects.
The of each writer's name are given at the end of the articles he has writ
initials
proper to state, that the editor is not answerable for every opinion or statement
contained in the work : he has endeavoured to obtain the best assistance that he
could but he has not thought it proper or necessary to exercise more than a gen-
;
eral superintendence, as each writer has attached his name to the articles he has
written, and is therefore responsible for them. It may also not be unnecessary to
remark, in order to guard against any misconception, that each writer is only re-
sponsible for his own articles, and for no other parts of the work.
Some subjects have been included in the present work which have not usually
been treated of in works on Greek and Roman Antiquities. These subjects have
been inserted on account of the important influence which they exercised upon the
public and private life of the ancients. Thus, considerable space has been given to
the articles on Painting and Statuary, and also to those on the different departments
of the Drama. There may seem to be some inconsistency and apparent capricious-
ness in the admission and rejection of subjects, but it is very difficult to determine
at what point to stop in a work of this kind. A Dictionary of Greek and Roman
Antiquities, if understood in its most extensive signification, would comprehend an
account of everything relating to antiquity. In its narrower sense, however, the
term is confined to an account of the public and private life of the Greeks and Ro-
mans, and it is convenient to adhere to this signification of the word, however arbi-
trary it may be. For this reason, several articles have been inserted in the work
which some persons may regard as out of place, and others have been omitted which
have sometimes been improperly included in writings on Greek and Roman Antiqui-
ties. Neither the names of persons and divinities, nor those of places, have been
inserted in the present work, as the former will be treated of in the " Dictionary of
Greek and Roman Biography and Mythology," and the latter in the " Dictionary of
Greek and Roman Geography."
The subjects of the woodcuts have been chosen by the writers of the articles which
they illustrate, and the drawings have been made under their superintendence. Many
of these have been taken from originals in the British Museum, and others from the
different works which contain representations of works of ancient art, as the Museo
Borbonico, Museo Capitolino, Millin's Peintures de Vases Antiques, Tischbein's and
D'Hancarville's engravings from Sir William Hamilton's Vases, and other similar
Avorks. Hitherto little use has been made in this country of existing works of art
for the purpose of illustrating antiquity. In many cases, however, the representation
of an object gives a far better idea of the purposes for which it was intended, and
PREFACE. u
the way in which it was used, than any explanation in words only can convey. Be-
s des which, some acquaintance with the remains of ancient art is almost essential
:
to a proper perception of the spirit of antiquity, and would tend to refine and elevate
the taste, and lead to a just appreciation of works of art in general.
Considerable care has been taken in drawing up the list of articles, but it is feared
hat there may still be a few omissions. Some subjects, however, which do not
occur in the alphabetical list, are treated of in other articles j and it will be found
by reference to the Index, that many subjects are not omitted which appear to be so
The reader will occasionally find some words referred for explanation to other arti
cles, which are not treated of under the articles to which the references are made.
Such instances, however, occur but rarely, and are rectified by the index, where the
proper references are given. They have only arisen from the circumstance of its
having been found advisable, in the course of the work, to treat of them under differ-
ent heads from those which were originally intended. Some inconsistency may also
be observed in the use of Greek, Latin, and English words for the names of the arti-
cles. The Latin language has generally been adopted for the purpose, and the sub-
jects connected with Greek antiquity have been inserted under their Greek names,
where no corresponding words existed in Latin. In some cases, however, it has, for
various reasons, been found more convenient to insert subjects under their English
names, but this has only been done to a limited extent. Any little difficulty which
may arise from this circumstance is also remedied by the index, where the subjects
are given under their Greek, Latin, and English titles, together with the page where
they are treated of. The words have been arranged according to the order of the
letters in the Latin alphabet.
Mr. George Long, who has contributed to this work the articles relating to Roman
Law, has sent the editor the following remarks, which he wishes to make respecting
the articles he has written, and which are accordingly subjoined in his own words :
" The writer of the articles marked with the letters G. L. considers some
apology
necessary in respect of what he has contributed to this work. He has never had the
advantage of attending a course of lectures on Roman Law, and he has written these
articles in the midst of numerous engagements, which left little time for other la-
bour. The want of proper materials, also, was often felt, and it would have been
sufficient to prevent the \vriter from venturing on such an undertaking, if he had not
been able to avail himself of the library of his friend, Mr. William Wright, of Lin-
coin's Inn. These circumstances will, perhaps, be some excuse for the errors and
imperfections which will be apparent enough to those who are competent judges.
It is
only those who have formed an adequate conception of the extent and variety
of the matter of law in general, and of the Roman Law in particular, who can esti-
mate the difficulty of writing on such a subject in England, and they will allow to
him who has attempted it a just measure of indulgence. The writer claims such in-
dulgence from those living writers of whose labours he has availed himself, if any
of these articles should ever fall in their way. It will be apparent that these articles
have been written mainly with the view of illustrating the classical writers ; and that
a consideration of the persons for whose use
they are intended, and the present state
of knowledge of the Roman Law in this country, have been sufficient reasons for the
omission of many important matters which would have been useless to most readers,
and sometimes unintelligible.
"
Though few modern writers have been used, compared with the whole number
who might have been used, they are not absolutely few, and many of them, to Eng-
lishmen, are new. Many of them, also, are the best, and among the best of the kind.
The difficulty of writing these articles was increased by the want of books in the
English language; for, though we have many writers on various departments bf the
Roman Law, of whom two or three have been referred to, they have been seldom
used, and with very little profit."
It would be
improper to close these remarks without stating the obligations this
work is under to Mr. Long. It was chiefly through his advice and encouragement
that the editor was induced to undertake it, and during its progress he has always
been ready to give his counsel whenever it was needed. It is, therefore, as much a
matter of duty as it is of pleasure to make this public acknowledgment to him.
WILLIAM SMITH.
London. 1842
GREEK AND ROMAN ANTIQUITIES, ETC
ABACUS. ABACUS.
*ABAC'ULUS (uGaxcaKOf ), a diminutive of AB- intended for variety and ornament, they were e>
ACUS, is principally applied, when used at all, to the riched with painting. 1 Pliny, in describing the
tiles or squares of a tesselated pavement. (Vid. progress of luxury with respect to the decoration oi
ABACUS, II.) apartments, says that the Romans were now no long-
AB'ACUS denoted generally and prima-
(dfiaf ) er satisfied with panels, 8 and were beginning even
rily a square tablet of any material. Hence we to paint upon marble.
find it applied in the following special significa- IV. ABACUS farther denoted a wooden tray, i. e. t
tions: a square board surrounded by a raised border. This
I. In architecture it denoted the flat
square stone may have been the article intended by Cato, when,
which constituted the highest member of a column, in his enumeration of the things necessary in fur-
" one aba*
being placed immediately under the architrave. Its nishing a farm (olivetum), he mentions
use is to be traced back to the very infancy of ar- cus."
chitecture. As the trunk of the tree, which sup- Such a tray would be useful for various purpo-
the roof of the early log-hut, required to be ses.* It might very well be used for making bread
ported
based upon a flat square stone, and to have a stone and confectionary and hence the name of abacus
;
or tile of similar form fixed on its summit to pre- (d&zf, addtctov) was given to the ftdKTpa, i. e., the
serve it from decay, so the stone column in after board or tray for kneading dough.*
days was made with a square base, and was cover- V. Atray of the same description, covered w *th
rd with an Abacus. The annexed figure is drawn sand or dust, was used by mathematicians for drav -
6
from that in the British Museum, which was taken ing diagrams.
from the Parthenon at Athens, and is a perfect spe- VI. It is evident that this contrivance would be
cimen of the capital of a Doric column. no less serviceable to the arithmetician and to this :
Cratin., Fragm., ed. Rnnkel, p. 27. Pollux, vi, 90; i.. 105.
the wall or ceiling of a chamber. As
panels are Bekker, Anec. Gnec., 27.) 5.i., s. v.
(Hesych., Matcrpa.
Schol. in Theoc., iv., 61.) 6. (Eustath. in Od., i., 107, p. 1397 .)
1
(Vitruv., iii., 3; iv., 1, 7.) 2. (H. N., xrxvi., 67.) 3. 7. (" Abaco numeros, et secto in pulvere metas:" Pers.,
Sat,
(AdtteSov tv aSaKlaicots avYKttutvov {< vavrodav \i9tav. Apud i., 131.) 8. (a6aKiov id>' oj ibrjtiKovaiv Eusfath in Od . IT.
:
It is evident that the same method might be em- The abacus was, in fact, part of the furniture of a
and was intended to contain the vessels
ployed in adding, subtracting, or multiplying weights triclinium,
and measures, and sums of money. Thus the stones, usually required at meals.
as arranged in the figure, might stand for 3 stadia, 5 IX. Lastly, a part of the theatre was called
" the abaci." It seems to have been on ot
pietlra, 9 fathoms,
3 cubits, and Ifoot. The abacus, aKtc,
however, can never be much used by us at the pres- near the stage farther than this its position cannot
;
be elevated and again depressed by the most fleet- merits the name. Antiquarians have lost thorn
ing events; but this is particularly the case with selves in vain attempts to reconcile the declaration
those who frequent the palaces of kings. They are of Caesar (5, 12), that he found in Britain all the
2
like the stones upon abaci, which, according to the trees of Gaul except the beech and abies, with the
3
pleasure of the calculator, are at one time the value well-known fact that fir-wood is abundant in the
of a small copper coin,* and immediately afterward ancient English mosses, and has been met with even
are worth a talent of gold.* Thus courtiers at the beneath the foundations of Roman roads. What
monarch's nod may suddenly become either happy Caesar meant was, no doubt, that he did not meet
or miserable." with the silver fir in Britain of the pine he says no-
;
VII. By another variation the ABACUS was adapt- thing, and therefore it is to be presumed that he
ed for playing with dice or counters. The Greeks found it. The common &UTT) of the Greeks must,
Jtad a tradition ascribing this contrivance to Palame- have been either the Pinus abies or the Piniis Ori-
des hence they called it " the abacus of Palame- entalis (Tournefort). There is some difficulty in
;
des." 6 It probably bore a considerable resemblance distinguishing the male and female species of Theo-
7
to the modern backgammon-board, dice being phrastus. Stackhouse holds the former to be the
thrown for the moves, and the "men"* placed ac- Pinus abics, or common "Fir-tree," and the latter
"
cording to the numbers thrown on the successive the Piniis picea, or Yellow-leaved Fir."*
"
lines or spaces of the board. *AB'IGA, the herb "ground-pine" called also St.
VIII. The term ABACUS was also applied to a John's wort." The Latin name is derived from this
kind of cupboard, sideboard, or cabinet, the exact plant's having been used to produce abortion. 5 The
form of which can only be inferred from the inci- Abiga is the same with the Chamsepitys (Xafianri-
dental mention of it by ancient writers. It appears TV?) of the Greeks. The three species of the latter
that it had partitions for holding cups and all kinds described
by Dioscorides have been the subject of
of valuable and ornamental utensils: much diversity of opinion. The 1st would seem to
" Nee have been the Ajiga Chamccpitijs ; the 3d the Ajiga
per multipliccs abaco splendente caver nas
dcfodiam." 9 iva (according to Bauhin and Sprengel) while thf ;
Argenti nigri pocula
2d, according to the latter, is either the Teutriiim
Phis passage must evidently have referred to a piece 6
These plants, rich in es-
supinum or montanum.
of furniture with numerous cells, and of a compli- sential
oil, are tonic and aromatic. All that we
cated construction. If we suppose it to have been find in Dioscorides and in
a square frame with shelves or partitions, in some which does not refer to these
Pliny (who copies him),
properties, is merely
degree corresponding to the divisions which have and does not merit refutation.
7
Prosegmina, Proscda. (Vid. SACRIFICES.) two species are described by Dioscorides, 1 the male,
ABOL'LA, a woollen cloak or pall, is probably and the female. The former of these,
by the ai-
only a varied form of pallium (0upof), with which inost general agreement of the commeii.ators and
this word is nearly, if not altogether, identical in botanical authorities, is referred to the Artemisia
signification. The form and manner of wearing Abrotonum, L., or Southernwood. About the other
the abolla may be seen in the figures annexed, species there is great diversity of opinion. Fuch-
which are taken from the bas-reliefs on the tri- sius makes it the Artemisia Pontica ;
Dodonaeus, the
Jmchal arch of Septimius Severus at Rome. A. arborescens ; and Matthiolus, the Santolina Cham-
(Ecyparissus, or common Lavender Cotton. Adams
decides in favour of the last. Galen
recognises the
two species described by Dioscorides;
butNicander,
Paulus and most of the other writers on
^gineta,
the Materia Medica, notice one
only species, which
no doubt was the A. abrotonum.*
*ABSIN'THIUM (fyivdtov), a plant, of which
Dioscorides describes three species. The first of
these is pretty generally
acknowledged to be the
Artemisia absinthium, or common
wormwood; but
Sprengel hesitates whether he should not also com-
prehend the A. Pontica under it, which latter, indeed,
Bauhin held to be the true Roman wormwood. The
second species is the Artemisia maritima. The third
is held by Sprengel to be the A.
palmata, L., which,
it appears, is
indigenous in Santonge. The A. san-
tonica, L., being confined to Tartary and the north-
ern parts of Persia, it is not likely mat the ancients
were acquainted with it. 3
ABSOLU'TIO. (Vid. JCDICIUM.)
ABSTINEN'DI BENEFIC'IUM. (FiW.
ACAT10N. ACCESSIO.
or Spinax ACCEN'SI, I. The ACCENSUS was a public
tpecies of fish, the Sqiuilus Acanthias, L., "
Acanthias of later authorities ; in English, the Pi- officer who attended on several of the Roman ma-
ked Dog" or
" Hound Fish." It is common on the gistrates. He anciently preceded the consul, who
shores of England and in the Mediterranean. Pen- had not the fasces, which custom, after being long
nant also says that it swarms on the Scottish coast disused, was restored by Julius Caesar in his first
It was the duty of the acuensi to
1
It weighs about'20 Ibs. This is the species of shark consulship,
often taken between Edinburgh and Aberdeen.
1
summon the people to the assemblies, and those
ACANTHIS (anavdic), so called by
Aristotle, who had lawsuits to court and also, by command ;
is probably the same plant as the uicahavdif of Ar- of the consul and praetor, to proclaim the tim3,
istophanes, and the aitavOvMJc of Hesychius.
It when it was the third hour, the sixth hour, and th
is the Acanthis of Pliny and Virgil. Gesner, with ninth hour. 3 Accensi also attended on the govern-
" ors of provinces, 3 and were commonly freedmeh
great probability, refers it to the Siskin," namely,
the FringiUa spinus, L., or Carduelis spinus, Cuyier. of the magistrate on whom they attended. Varro
Professor Rennie says it is called "Aberdevine" describes the word from acciendo, because they sum-
near London. 8 moned the people ; other writers suppose it to comn
*ACANTHUS (dxavflof), I. the name by which from accensere.
the broad raffled leaf used in the enrichment of the II. The ACCENSI were also a class of soldiers in
Corinthian capital is known. It is thus called be- the Roman army. It appears that after the full
cause of its general resemblance to the leaves of a number of legion had been completed, some
-the
species of the Acanthus plant. (Vid. COLUMNA.) supernumerary soldiers were enlisted, who might
II. Under this name have been described by ancient be always ready to supply any vacancies in the
authors at least three totally different plants. First, legion. These soldiers, who were called adscriptim
a prickly with smooth evergreen leaves, and
tree,
or adscriptitii (because, says Festus, supplendis legi-
small, round, saffron-coloured berries, frequently al- onibus adscribebantur), were usually unaccustomed
luded to by Virgil this is conjectured to have been to military service, and were
; assigned to different
the Holly. Secondly, a prickly Egyptian tree, de- centurions to be instructed in their duties. Afler
scribed by Theophrastus as having pods like those they had been formed into a regular corps, they ob-
of a bean; it is probable that this was the Acacia tained the name of accensi, and were reckoned
Arabica. Thirdly, an herb mentioned by Dioscori- among the light-armed troops.* In later times
des, with broad prickly leaves, which perish at the they were also called supernumerarii* They were
approach of winter, and again sprout forth with the placed in battle in the rear of the army, behind the
return of spring. To this latter plant the name is triarii.' They had properly no military duty to
now aj plied. The word in all cases alludes to the perform, since they did not march in troops against
prickly nature of the leaves or stems. It is this last the enemy. They were, according tc the census oi
species which is usually supposed to have given Servius Tullius, taken from the fifth class of citi-
nse to the notion of the Corinthian capital. But it zens. 7
appears from the investigation of Dr. Sibthorp, that ACCEPTILA'TIO is defined to be a release by
it is nowhere to be
found, either in the Greek isl- mutual interrogation between debtor and creditor,
ands, or in any .part of the Peloponnesus and that ; by which each party is exonerated from the same
the plant which Dioscorides must have meant was contract. In other words, acceptilatio is the fonr
ibc Acanthus spinosus, still called unavBa, which is of words by which a creditor releases his debtoj
fuund, as he describes it, on the borders of cultiva- from a debt or obligation, and acknowledges he has
ted grounds or of gardens, and is
frequent in received that which in fact he has not received.
rocky
moist situations. 3 This release of debt by acceptilatio applies only to
*ACANTHYLL'IS (&Kav6vUic). As has been such debts as have been contracted
by stipulatio,
stated under Acanthis, the aKavdvMf of
Hesychi- conformably to a rule of Roman law, that only con-
us is most " tracts made by words can be
probably the Siskin;" but that of Aris- put an end to by
totle is certainly
"different, being the Picus varius words. But the astuteness of the Roman
lawyers
according to Camus.* found a mode of complying with the rule, and at
ACAP'NA LIG'NA (a priv., and xairvof), called the same time extending the
acceptilatio to all
also coda, were logs of wood dried with kinds and to any number of contracts. This was
great care
in order to prevent smoke. the invention of Gallus
Pliny says that wood Aquilius, who devised a
soaked with the lees of oil formula for reducing all and every kind of contracts
(amwrca) burned without
smoke. 8 to the stipulatio. This being done, the acceptilatio
Acaprwn mel, which was considered the best kind would immediately apply, inasmuch as the matter
of honey, was obtained without was by such formula brought within the general
driving out the bees
from their hives by smoke, which was the usual rule of law above mentioned. The acceptilatio
method of procuring it.' must be absolute and not conditional.
part of a A
ACATION (aitdnov, a diminutive of d/carof, a debt or obligation might be released as well as the
small vessel), 7 a small vessel or whole, provided the thing was in its nature capable
boat, which appears
to have been the same as the Roman
8 scapha , since of division. A
pupillus could not release a debt by
Suetonius, in relating the acceptilatio, without the consent of his tutor, but he
escape of Caesar from
Alexandrea, says that he jumped into a scapha could be released from a debt. The phrase by
which Plutarch, in narrating the same which a creditor is said to release his debtor
an UKUTIOV. Thucydides 9
events, calls by ac-
speaks of &K&TIW auAnpi- ceptilatio is, debitori acceptum, or acccplo facere or
KOV, which is explained by the ferre, or acceptum habere. When anything which
scholiast, moiuptov
EKarfpuOev tpEaaofjitvov, h
& ?/ca<rrof TUV Mavvdv- was done on the behalf of or for the state, such as a
TUV OlKUTriaf fpETTCl. auilding, for instance, was approved by the
The tent authorities, it was
compe-
d/cdrta were also said, in acceptum ferri oi
sails, which, according to
the description of
Xenophon, were adapted for fast "eferri*
sailing: They are opposed by him to the ACCES'SIO is a legal term, by which is ex-
irrnn 10 iressed the produce or increase of
anything, and,
at the same time, the notion of such
' Ap pend -' T -)-a (Adams, produce or in-
,
!; Append., s. v. Z Kav
t., H. P., iii., 4. seq
1.
(Suet., Jul., 20.-Liv., iii., 33.)-2. (Varro, de Ling. Lat
9 -Plin., TIL, 60.) 3. (Cic. ad ,
8
Horace, enumerating the principal articles ne-
cessary in a solemn sacrifice to Juno, mentions
(l
Flowers and a box full of frankincense." 8 In
" with corn
Virgil, .<Eneas worships and with
frankincense from the full acerra."
" Farre 7
pio et plena supplex veneratur acerra."
Servius explains the last word as meaning area
tkuffilis.
P jny, enumerating the principal works of Par-
rhasius of Ephesus, says that he painted Sacerdotem
adstante puero cum acerra et corona* The picture,
therefore, represented a priest preparing to sacrifice,
From proper vinegar-cups, the Latin and Greeif
with the boy standing beside him, and holding the terms under consideration were transferred to all
incense-box and a wreath of flowers. This was, cups resembling them in size and form, to whatever
no doubt, a very common and favourite subject for use they might be applied.
artists of every kind. It frequently occurs in bas- As the vinegar-cup was always small, and prob-
reliefs representing sacrifices, and executed on ably varied little in size, it came to be used as a
vases, friezes, aad other ancient monuments. It measure. Thus we read of an acetabulum of honey
jccurs three times on the Columna Trajana at or of salt, which is agreeablr, to our practice of
Rome, and once on the Arch of Constantine. measuring by teacups, wine-glasses, or table-spoons.
The annexed figure is taken from a bas-relief in We
are informed that, as a measure, the ofyBaQov,
be museum of the Capitol. or acetabulum, was a cyathus and a half, or the
3
fourth part of a KOTV^JJ, or hemina.
The use of these cups by jugglers is distinctly
mentioned. They put stones or other objects under
certain cups, and then by sleight of hand abstracted
them without being observed, so that the spectators,
to their great amusement and surprise, found the
stones under different cups from those which they
expected. Those persons, who were called in Latin
acetabularii, because they played with acetabula,
were in Greek called ipTj^oiraiKTai, because they
played with stones ($7/601) and under this name ;
banks of rapid brooks. He at one time put one of nated particles of iron pyrites. The agate was i *<
1
these under each cup; and then, I know not how,
called in Greek aiff^ar^f.
showed them all under one cup. At another time *ACHERD'US (axEpdoe ), the wild pe* -tne,
'
he made them disappear altogether from under the also a kind of thorn of which hedges vr j ^ade.
cups, and showed
them in his mouth. Then hav- Sprengel suggests that it is the Cratceg* At:an,eu*.*
the substantial viands. The word (paropsis) was difficult, however, to decide the question from the
adopted into the Latin language,
and is found in text of the Roman writer merely. On recurring to
Juvenal, Martial, and other writers of the same that of Dioscorides, we may, perhaps, conclude as
period.
follows : the Achilleos with the golden flower is the.
*ACE'TUM (ofof), vinegar. The kinds most in AchUlea tomentosa seu Abrotanifolia ; the kind with tb<i
repute among the ancients
were the ^Egyptian and purple flower is the A. tanaceti/olia ; and the one
Cnidian. 1 Pliny gives a full account 01 the medi- with white flowers, the A. nobilis seu magna."1
cal properties of vinegar. Among other applica- AC'IES. (Vid. ARMY.)
tions, it was employed when leeches
had been in- ACIL'IA LEX. (Vid. REPETUNDJE.)
troduced into the stomach, or adhered to the larynx. ACIL'IA CALPUR'NIA LEX. (Vid. AMBI-
Strong salt and water would, however, have been TUS.)
more efficacious in making these loosen their hold, ACI'NACES (aKivaKTif), a poniard.
and in facilitating the vomiting of them forth. Vine- This word, as well as the weapon which it de-
gar was also given in long-standing coughs, just notes, is Persian. Herodotus says, 8 that when
as modern practitioners give oxymels in chronic Xerxes was preparing to cross the Hellespont with
catarrhs.
2
his army, he threw into it, together with some other
ACHA'INES (axofapc), the Daguet or young things,
" A
Persian sword, which they call an aci-
stag.
1
naces." As the root ac, denoting sharpness, an
ACH'ANE (axuvrj). A
Persian measure equiva- edge or a point, is common to the Persian, together
lent to 45 Attic iiidipvoi. According to Hesychius, with the Greek and Latin, and the rest of the Indo-
there was also a Boeotian axuvn equivalent to one European languages, we may ascribe to this wonl
Attic uidutvof.*, the same general origin with a/cp/, UKUKTJ, acuo,
*ACHATES an agate, a precious
(uur?7f), odes, and many other Greek and Latin words allied
9
stone or gem. The
a semi-pellucid stone
agate is to these in signification. Horace calls the weapon
of the Theophrastus describes it as a
flint class. Medus acinaces, intending by the mention of the
beautiful and rare stone from the river Achates in Medes to allude to the wars of Augustus and the
Sicily (now the Drillo, in the Val di Noto), which Romans against Parthia.
sold at a high price but Pliny tells us that in his
;
Acinaces is usually translated a cimeter, a falchion,
time was, though once highly valued, no longer
it a sabre, and is supposed to have been curved but ;
in esteem, it being then found in many places, of this assumption is unsupported by any evidence.
large size, and diversified appearance. The an- It appears that the acinaces was short and straight.
cients distinguished agates into many species, to Julius Pollux describes it thus l " Persian dag-
: A
each of which they gave a name importing its dif- ger fastened to the thigh." Josephus, giving an ac-
ference from the common agate, whether it were count of the assassins who infested Judaea before
in colour, figure, or texture. Thus they called the the destruction of Jerusalem by the Romans, says,
"
red, Hamaehates, which was sprinkled with spots of They used daggers, in size resembling the Persian
jasper, or blood-red chalcedony, and was the variety acinaces but curved, and like those which the Ro-
;
now called dotted agate. The white they termed mans call sicce, and from which robbers and murder-
LeiuMchales; the plain yellowish or wax-coloured, ers are called sicarii." u The curvature of the daggers
Cerachates, which was a variety little valued be- here described was probably intended to allow them
cause of its abundance. Those which approached to fit closer to the body, and thus to be concealed
to or
partook of the nature of other stones, they dis- with greater ease under the garments. Thus we
tinguished by names compounded of their own ge- see that the Persian acinaces differed from the Ro-
nerical name, and that of the stone they resembled or man sica in this, that the former was straight, the
partook of; thus, that species which seemed allied latter curved.
to the Jaspers they called Jaspachates Another peculiarity of the acinaces was, that it
(the jasper-
agate of modern mineralogists); that which par- was made to be worn on the right side of the body,
took of the nature of the Camelian, Sardackatcs ; and whereas the Greeks and Romans usually had their
those which had the resemblance of trees and shrubs swords suspended on the left side. Hence Valerius
on them, they called for that reason Dendrachates. Flaccus speaks of Myraces, a Parthian, as /-
This last is what we call at the present dendritic signis manicis, insignis acinace dextro.
13
The same
agate, described in the Orphic poem under the name fact is illustrated by the account given by Ammianus
of uxuTTjf devSpriEis. The Corallacfiates was so called Marcellinus of the death of Cambyses, king of Per-
from some resemblance that it bore to coral. Pliny sia, which was occasioned by an accidental wound
describes it as sprinkled like the sapphire with from his own acinaces " Siwm,et
pugione^ y.'icm ap-
:
spots of gold. Dr. Moore thinks, that in this latter 1. (Theophrast., de Lapid., 58. Hill, in loc. Plin., H. N.,
case the ancients confounded with agate the yellow xxxvii., 54. Orph., Lith., v., 230. Soiin., Polyliist., c. xi.
Moore's Anc. Mineralogy, p. 178.) 2. (Soph., (Ed. Col., 1592.)
1. (Athenjeus, 2, p. 67. Juv., Sat.,xiii., 85. Mart., xiii., 122.) 3. (Adams, Append., s. v.) 4. (Spreng., i., 28.) 5. (Adams,
2. (Plm H. N., xxiii., 27 Ft e, in loc.i 3. (Aristot., II. A..
.
Append., s. v.) 6. (Plin., H. N., xxv., 5.) 7. (Fee in Pbn., 1
., 6.Salmis., Exerc. Pim., p. 222.) 4. (Schol. in Aristoph., cO 8. (vii., 54.)9. (Od. 1, xxvii., 50 10. (HcfioiKdv liftim
Acharn., 108, who quotes the authority of Aristotle. Wurm, de rw pripG> irpoariJTTiiicvov.) 11. (Josepl ., Ant. Jvid., xjt 7, seria.l
,
monly suspended over the right thigh, never over of the aclis consisted in having a leathern thon?,
the left, but sometimes in front of the body. The attached to it; and the design of this contrivance
figures in the annexed woodcut are selected from probably was, that, after it had been thrown to a
engravings of the ruins of Persepolis, published by distance, it might be drawn back again.
Le JBruynj Chardin, Niebuhr, and Porter. The aclis was certainly not a Roman weapon.
It is always represented as used by foreign nations,
and distinguishing them from Greeks and Romans. 4
ACNA, AC'NUA. (Vid. ACTUS.)
'AKOITN MAPTYPEFN (uKortv papTvpclv). By th
Athenian law, a witness could properly only give evi-
dence of what he had seen himself, not of what he had
heard from others 5 but when an individual had heard
;
in the British Museum. The annexed woodcut is *ACON'TIAS (ckovnaf), the name of a serpent.
taken from the larger of the two, and clearly shows There can be no doubt that this is the Jaculus of Lu-
thp. straight form of the acinaces. can. 10 ^Elian is the only author who confounds ii
with the Chersydrus. Aetius calls it Ccnchrites, fro:n
the resemblance which its spots bear to the seeds of
millet (KEy%poc). It is called cafczate and altcrarale
in the Latin translation of Avicenna. According to
Belon, it is about three palms long, and the thickness
of a man's little finger ; its colour that of ashes, with
black spots. Sprengel thinks it may have been a
11
variety of the Coluber Berus, or Viper.
*AC'ORUS (uKopoc), a plant, which most of the
commentators hold to be the Acorns Calamus, or
Sweet Flag. Sprengel, however, in his annotations
on Dioscorides, prefers the Pseudacorum. 1 *
ACQ/UTSITIO is used to express the acquisition
of ownership, or property generally. The several
modes of acquiring property among the Romans,
anrl the incidents of property when acquired, are
treated of under the various heads of IN JURE CKS-
sio, MANCIPATIO, USUCAPIO, ACCESSIO, &c., and sec
DOMINIUM.
AC1PEN'SER('AKKi7n?<rtof), the Sturgeon, or *ACRATOPH'ORUM, a small vessel for hold-
Acipenscr Shirio, L. Ludovicus Nonnius holds, that
the SUurus of Ausonius is the sturgeon, but this
opinion is very questionable. The tAoi/> 8 and the
The word is also fre- dif), and is thence applied to those parts
of the fiuits
tion of the public games.
actors and musicians, who were of the earth, and of the booty taken in war, which
quently used for the
often employed at private entertainments f
and it is were offered to the gods. In the Phoenissse of Euri p-
sometimes employed in the same sense as anagnosta, ides, the chorus call tnemselves dopoc. uKpodiviov*
who were usually slaves, whose duty it was to read ACTA DIUR'NA (proceedings of the day) was
or repeat passages from books during an entertain- a kind of gazette published daily at Rome under the
It contained an ac-
ment, and also at other times.* authority of the government.
*ACRf>A'SIS (oKpoaaif). I. A
literary discourse count of the proceedings of the public assemblies,
or lecture. The term (itself of Greek origin) is ap- of the law courts, of the punishment of offenders, and
writers to a discourse or disputa- a list of births, marriages, deaths, &c. The pro-
plied by the Latin
tion, by some instructor
or professor of an art, to a ceedings of the public assemblies and the law courts
numerous audience. The corresponding Latin term were obtained by means of reporters (aciuarn).
is Auditio.* II. It also signifies a place or room The proceedings of the senate (acta senatus) were
6
where literary men meet, a lecture-room or school. not published till the time of Julius Caesar,* and
ACRO'LITHOI (uKpo'/iiOoi), statues, of which the this custom was prohibited by Augustus.
6
An ac-
extremities (head, feet, and hands) were only of count of the proceedings of the senate was still pre-
titone, and the remaining part
of the body of bronze served, though not published, and some senator
7
seems to have been chosen to com-
or gilded wood. by the emperor
*ACROPOD'IUM (aKpoTTodiov), the base or ped- pile the account.
7
The acta diuma were also called
estal of a statue, so called from its supporting the acta populi, acta publica, acta urbana, and usually by
extremities or soles of the feet (u/cpoc, irovq). the simple name of ada. These acta were frequent-
8
ACROSTO'LION (anpocTofaov,) the extremity of ly consulted and appealed to by later historians.
the arokoq. The aroAof projected from the head ACTA SENA'TUS. (Vid. ACTA DIURNA.)
of the prow, and its extremity (UK/DOCTTO/UOV), which ACTIA (aKTta) was a festival celebrated every
was frequently made in the shape of an animal or a three years at Actium in Epirus, with wrestling,
1
helmet, &c., appears to have been sometimes covered horse-racing, and sea-fights, in honour of Apollo.
with brass, and to have served as an i^okn against There was a celebrated temple of Apollo at Actium,
the enemy's vessels.
8 which is mentioned by Thucydides 10 and Strabo. 11
ACROST1CHIS, an acrostic, a number of After the defeat of Antony off Actium, Augustus en*
verses so contrived, that the first letters of each, larged the temple, and instituted games to be cele-
brated every five years in commemoration of hi
being read in the order in which they stand, shall 18
form some name or other word. The word signi- victory.
fies literally the beginning of a line or verse *ACTE (U/CTT?). Dioscorides describes two
(dr.oof, ort^of)."According to some authorities, a species of Elder, which are undoubtedly the Sam-
writer named Porphyrius Optatianus, who flourish- buchus nigra and ebulus, namely, the common and
ed in the fourth century, has the credit of having the dwarf elder. The anTrj of Theophrastus is the
been the inventor of the acrostic. It is very proba- former of these. 1 *
bly, however, of earlier date. Eusebius, the bishop AC'TIO is denned by Celsus'* to be the right of
of Csesarea, who died in A.D. 340, gives, in his Life pursuing by judicial means what is a man's due.
of Constantine, a copy of Greek verses, which he With respect to its subject-matter, the actio was
asserts were the composition of the Ery thrasan Sibyl, divided into two great divisions, the in personam
the initial letters of which made up the words actio, and the in rem actio. The in psrsonam actio
IH20YS XP1STOS 0EOT TIOS 212THP, that is, was against a person who was bound to the plain-
Jans Christ, the Son of God, the Saviour. These tiff by contract or delict; the in rem actio
applied to
verses, which are a description of the coming of the those cases where a man claimed a corporeal thing
day of judgment, have been translated into Latin (corporalis res) as his property, or claimed a right,
hexameters, so as to preserve the acrostic in that as, for instance, the use and enjoyment of a thing, 01
language, in the words JESUS CHRISTUS DEI the right to a road over a piece of ground
(actus).
FILIUS SERVATOR. The translation, however, The in rem actio was called vindicatio ; the in per-
wants one of the peculiar qualities of the original sonam actio was called condictio, because originally
;
for it will be observed that the initial letters of the the plaintiff gave the defendant notice to
appear on
five Greek words, being joined together, form the a given
day for the purpose of choosing a judex.
word IX9TS, that is, the fish, which St. Augustine, The old actions of the Roman law were called
who quotes the verses in his v/ork entitled De Civi- kgis actiones, or legitima, either because they were
tate Dei, informs us is to be understood as a
mystical expressly provided for by the laws of the Twelve
epi thet of our Saviour, who lived in this abyss of mor- Tables, or because they were strictly adapted to the
tality without contracting sin, in like manner as a fish words of the laws, and therefore could not be varied.
exists in the midst of the sea without
acquiring any In like manner, the old writs in this country con-
flavour of salt from the salt water. This
may there- tained the matter or claim of the plaintiff expressed
fore be called an acrostic within an acrostic." 9 18
according to the legal form.
ACROTE'RIUM (uKpurf/ptov) signifies the ex- 1. (Vitruv.,iii., 3. Id., v., 12.) 2. (Xen., Hellen., ii., 3, $ S
tremity of anything. I. It is used in Architecture Herod., 59.)
iii., 3. (Demosth., c. Timocr., p. 738.) 4. (Phcen
to designate the statues or other ornaments 289.) 5.
(Sueton., Jul., 20.) 6. (Sueton., Octav.. 36.)- 7 (Ta-
placed
cit., Annal., v., 4.) 8. (Lipsius, Excurs. ad
Tacit., Aim , v.,4
1 (Pollux, vi., 16. Id., x., 20.) 2. (Pro Sext., c. 54.) 3. Le Clerc, Journaux chez les Remains, p. 198, seqq.) 9. (Step'a.
(Cic., 2 Vcrr., iv., 22. Id., pro Arch., 9. Suet., Octav., 74. Ma- Byz., 'A/crfaO 10. (i., 29.) 11. (vii., p. 325.) 12. (Suetoii.,
4. (Cic. ad Alt., i., 12.
eiob., Sat., n., 4.) Id., ad Fam., v., 9. Octav., c. 18013. (Theophrast., K. l\, i., 5, seqq. Dioscor.
Plin., Ep., i., 15. Aul. Cell., iii., 19. Nep., Att., 14.) 5.
iv.,171, seq. Adams, Append., a. \. UKTTJ.) 14. (Dig. 44, tit
(Vitmv., 10, 11. Sueton., Illustr. Gramm., c. 2.) 6. (Cic. ad 7, s. 51.) 15. (" Breve quideni cum sit formatum ad similitudi
Att., x*., 17.) 7. (Vitruv., ii., 8.) 8. nem
(vaA/c/7p;j <rr<5Aof. regulae juris, quia breviter et paucis verbis intentionem
J&Kh., Pers., 414.) 9. (Gallasus, dc Sibyllis Dissertat., p. 123 proferentis exponit et explanat, sicut regnla iuris. rem qua &f
wi. Penny Cyclo., vol i. p. 99.) breviter enarrat." Bracton, f. 413.)
16
AUTIO. ACTIO
The five modes of proceeding by legal action, as world; but the actic n determines lhat the defendant
1
o imed and described by Gaius, were SACRAMENTO, has or has not a claim which is valid against th<
PER JUD1CIS POSTULATIONEM, PER CONDICTIONEM, plaintiff's claina. The actio in personam implies a
PER MANUS INJECTIONEM, PER PICNORIS CAPTIONEM. determinate person or persons against whom the
But these forms of action gradually fe> into dis- action lies, the right of the plaintiff being founded
use, in consequence of the excessive nicety inquired, on the acts of the defendant or defendants; it is
and the failure consequent on the slightest error in therefore in respect of something which has been
the pleadings ; of which there is a notable example agreed to be done, or in respect of some injury for
8
given by Gaius himself, in the case of a plaintiff which the plaintiff claims compensation. The actio
who complained of his vines (vites) being cut down, mixta of Justinian's legislation 1 was so called from
and was told that his action was bad, inasmuch as its being supposed to partake of the nature of the
he ought to have used the term trees (arbores), and actio in rem and the actio in personam. Such was
not vines because the law of the Twelve Tables, the action among co-heirs as to the division of the in-
;
which gave him the action for damage to his vines, heritance, and the action for the purpose of settling
rontained only the general expression ''trees" (ar- boundaries which were confused.
bores). The Lex ^Ebutia and two Leges Julias Rights, and the modes of enforcing them, may
abolished the old legitimce actiones, except in the also be viewed with reference to the sources from
case of damnum infsctum (Vid. DAMNUM INFECTUM), which they flow. Thus the rights of Roman citi-
and in matters which fell under the cognizance of zens flowed in part 'from the sovereign
power, in
the Centumviri. (Vid. CENTUMVIRI.) part from those to whom power was delegated.
In the old Roman constitution, the knowledge of That body of law which was founded on, and
the law was most closely connected with the insti- flowed from, the edicts of the praetors and curule
tutes and ceremonial of religion, and was accord- aediles, was called jus honorarium, as opposed to the
ingly in the hands of the patricians alone, whose jus civile, in its narrower sense, which comprehend-
aid their clients were obliged to ask in all their ed the leges, plebiscita, senatus consulla, &c. The jus
legal disputes. Appius Claudius Caecus, perhaps nunorarium introduced new rights and modified ex-
one of the earliest writers on law, drew up the isting rights it also provided remedies suitable to
;
various forms of actions, prrhably for his own use such new rights and modifications of old rights, and
rnd that of his friends the manuscript was stolen this was effected by the actions which the praetors
:
jr copied by his scribe C*>. Flavius, who made it and aediles allowed. On this jurisdiction of the
public ;
and thus, according to the story, the ple- praetors and cediles is founded the distinction of ac-
beians became acquainted with those legal forms tions into civiles and honorarice, or, as they are some
which hitherto had beta the exclusive property of times called, prcetorice, from the greater importance
the patricians. 3 of the praetor's jurisdiction.
Upon the old legal actions being abolished, it be- There were several other divisions of actions, all
came the practice to prosecute suits according to of which had reference to the forms of procedure.
certain prescribed forms, or Ibrmulae, as they were A
division of actions was sometimes made with
called, which will be explained after we have no- reference to the object which the plaintiff had in
ticed various divisions of actions, as they are made view. If the object was to obtain a thing, the ac-
by the Roman writers. tion was called persecutoria. If the object was to
The division of actiones in the Roman law is obtain damages (pctna) for an injury, as in the cast
somewhat complicated, and some of the divisions of a thing stolen, the action was pccnalis ; for the
must be considered rather as emanating from the thing itself could be claimed both by the vindicalio.
schools of the rhetoricians than from any other and the condictio. If the object was to obtain both
source. But this division, though complicated, may the thing and damages, it was probably sometimes
be somewhat simplified, or, at least, rendered more called actio mixta, a term which had, however, an-
intelligible, if we consider that an action is a claim other signification also, as already observed. The
or demand made by one person against another, division of actiones into directce or vulgares, and uti-
and that, in order to be a valid legal claim (actio les, must be traced historically to the actiones fatitia
utilis), it must
be founded on a legal right. The or fictions, by which the rights of action were en-
main division of actions must therefore have a ref- larged and extended. The origin of this division
erence or analogy to the main division of rights was in the power assumed by the praetor to grant
;
for in every system of law the form of the action an action in special cases where no action could
must be the expression of the legal right. Now the legally be brought, and in which an action, if
general division of rights in the Roman law is into brought, would have been inanis or inutilis. A fter
rights of dominion or ownership, which are rights the decline of the praetor's power, the actiones ilcs ?,
against the whole world, and into rights arising were still extended by the contrivances of the juris
from contract, and quasi contract, and delict. The prudentes and the rescripts of the emperors. When-
actio in rcm implies a complainant, who claims a :ver an actio utilis was granted, it was framed on
certain right against every person who may dispute some analogy to a legally recognised right of action.
it, and the object and end of the action is to compel Thus, in the examples given by Gaius,* he who ob-
an acknowledgment of the right by the particular tained the bonorum possessio by the praetor's edict,
person who disputes it. By this action the plaintiff succeeded to the deceased by the praetorian, and not
maintains his property in or to a thing, or his ;he civil law he had, therefore, no direct action :
rights to a benefit from a thing (servitutes). Thus 'directa actio) in respect of the rights of the deceased,
the actio in rem is not so called on account of the and could only bring his action on the fiction of his
subject-matter of the action, but the term is a tech- ~:>eing what he was not, namely, heres.
nical phrase to express an action which is in no Actions were also divided into ordinaries and ex-
way founded on contract, and therefore has no de- 'raordinarite. The ordinance were those which were
terminate individual as the other necessary party srosecuted in the usual way, first before the praetor,
to the action but every individual who disputes 'n jure, and then before the judex, injudicio. When
;
the right, becomes, by such act of disputing, a party :he whole matter was settled before or by the praetor
liable to such action. The actio in rem does not as- n a summary way, the name extraordinaria was
certain the complainant's right, and from the nature applicable to such action. (Vid. INTERDICT.)
of the action the complainant's right cannot be The foundation of the division of actions hi to
ascertained by it, for it is a right against all the actiones stricti juris, bonce fidei, and arbitrarice, is not
quite clear. In the actiones stricti juris, it appears
I. (iv., 12.) 2. (iv., 11.) 3. (Cic., de Orat., i., 41. Id., pro
,
c. 11. Dig. 1, tit. 2, s. 2, i> 7.) 1. (lust., iv., tit. 6, s. 20.) 2. (iv., 34.)
c 17
ACTIO. ACT1O.
laws of the Twelve Tables, was in effect a drag
Lrf 'Jws formula of the praetor expressed in precise
and strict terms the matter submitted to the judex, gingof the defendant before the praetor if he refused
limits.to go quietly. This rude proceeding was modified
whose authority was thus confined within 1
more lati- in later times, and in many cases there could be no
la the actiomcs bona fidei, or ex fide bona,
in jus vocatio at all, and in other cases it was neces-
md" was given, either by the formula ot the praetor,
,,r was implied in the kind
of action, such as the sary to obtain the praetor's permission under pain
of a penalty. It was also established that a man
action ex empto, vendito, locato, &c., and
the special
intocould not be dragged from his own house but if a
circumstances of the case were to be taken ;
consideration by the judex. The actiones arbitraria: man kept his house to avoid, as we should say.
with a writ, he r.n the risk of a kina
were so called from the judex in such case being being served
called an arbiter, probably, as Festus says, because
of sequestration (actor in bona mittcbatur). The
his object of these rules was to make the defendant ap-
the whole matter in dispute was submitted to
decide according to the pear before the competent jurisdiction the device
judgment; and he could
;
the praetor's authority were generally limited to and if the praetor allowed it (dabat actionem), he then
the year of his office. A time of limitation was, declared what action he intended to bring against
however, fixed for all actions by the late imperial the defendant, which was called edere actionem.
constitutions. This might be done in writing, or orally, or by the
The division of actions into actiones in jus and in plaintiff taking the defendant to the album, and show-
factum is properly no division of actions, but has ing him which acticn he intended to rely on.* As
merely reference to the nature of the formula. In the formula, comprehended, or were supposed to
the formula in factum concepta, the praetor might comprehend, every possible form of action that
direct the judex barely to inquire as to the fact could be required by a plaintiff, it was presumed
which was the only matter in issue and on finding
;
that he could find among all the formulas some one
the fact, to make the proper condemnatio : as in the which was adapted to his case, and he was accord-
case of a freedman bringing an action against his ingly supposed to be without excuse if he did not
In the formula in jus the fact was not in take pains to select the proper formula. 6 If he took
patronus.
issue, but the legal consequences of the fact were the wrong one, or if he claimed more than his due,
submitted to the discretion of the judex. The he lost his cause; 7 but the praetor sometimes gave
formula in factum commenced with the technical him leave to amend his claim or intentio* If, for
"
expression, Siparet, &c., If it should appear," &c.; example, the contract between the parties was for
the formula in jus commenced, Quod A. A., &c., something in genere, and the plaintiff claimed some-
**
Whereas A. A. did so and so." 2 thing in specie, he lost his action thus the contract
:
The actions which had for their object the pun- might be, that the defendant undertook to sell the
ishment of crimes were considered public, as op- plaintiff a quantity of dyestuff or a slave if the ;
posed to those actions by which some particular plaintiff claimed Tyrian purple or a particular
person claimed a right or compensation, and which slave, his action was bad; therefore, says Gaius.
were therefore called private. The former were according to the terms of the contract, so ought the
properly called jiidicia publica ; and the latter, as claim of the intentio to be. It will be observed that,
contrasted with them, were called judicia piivata. as the formulas were so numerous and comprehen-
(Vid. JUDICIUM.) sive, the plaintiff had only to select the formula
The actions called noxales were when a Jilius which he supposed to be suitable to his case, and it
familias (a son in the power of his father), or a would require no farther variation than the inser-
slave, committed a theft, or did tion of the names of the parties and of the
any injury to an- thing
other. In either case the father or owner might
claimed, or the subject-matter of the suit, with the,
give up the wrong- doer to the person injured, or amount of damages, -fee., as the case might be.
else he must pay
competent damages. These ac- When the prsetor had granted an action, the plain-
tions, it appears, take their name either from the tiff required the defendant to
give secu.ityfor his
injury committed, or because the wrong-doer was appearance before the praetor (in jure) r> a day
liable to be given up to
punishment (noxa) to the named, commonly the day but one after the in jut
person injured. Some of these actions were of legal vocatio, unless the matter in dispute was settled at
origin, as that of theft, which was given by the once. The defendant, on finding a
Twelve Tables; that of damnum injuries, which surety, was sa'd
vades dare, g radimonium promitiere or
was given by the Aquilia Lex and that of facen; the
;
surety, vas, was said spondere ; the plaintiff, when
injuri-
arum et vi bonorum raptorum, which was given satisfied with the was
;
If he simply denied the plaintiff's claim, the cause his demand for the future
payments not yet due, 11
was at issue, and a judex might be demanded. was necessary to use a prescription of the follow
The forms of the exceptio also were contained in the ing form res agatur cujus rei diesfuit. : Ea
pratJr's edict, or, upon hearing the facts, the prater A
person might maintain or defend an action by
adapted the plea to the case. The exceptio was the his cognitor or procurator, or, as we should say, by
defendant's defence, and was often merely an equi- his attorney. The plaintiff and defendant used a
table answer or plea to the plaintiff's legal demand. certain form of words in appointing a cognitor, and
The plaintiff might claim a thing upon his contract it would appear that the appointment was made in
with the defendant, and the defendant might not de- the presence of both parties. The cognitor needed
ny the contract, but might put in a plea of fraud not to be present, and his appointment was com-
(flolus mains'), or that he had been constrained to plete when by his acts he had signified his assent.
1
come to such agreement. The exceptio was in effect No form of words was necessary for appointing a
something which negatived the plaintiff's demand, procurator, and he might be appointed without tiie
and it was expressed by a negative clause thus, if knowledge of the opposite party.
:
the defendant should assert that the plaintiff fraudu- In many cases both plaintiff and defendant might
lently claimed a sum of money which he had not be required to give security (satisdare) ; for instance,
iven to the defendant, the exceptio would run thus in the case of an actio in rem, the defendant who
:
Si in ea re nikil dolo malo Auli Ageriifactum sit neque was in possession was required to give security, in
fiat. Though the exceptio proceeded from the de- order that, if he lost his cause and did not restore
fendant, it was expressed in this form, in order to be the thing, nor pay its estimated value, the plaintiff
adapted for insertion in the formula, and to render might have an action against him or his sureties.
me condemnatio subject to the condition. When the actio in rem was prosecuted by the formula
Exceptions were pzremptoria: or dilatoricc. Per- petitoria, that stipidatio was made which was called
emptory exceptions were a complete and perpetual judicatum solvi. As to its prosecution by the sponsio,
answer to the plaintiff's demand, such as an excep- see SPONSIO and CENTUMVIRI. If the plaintiff sued
tio of dolus mains or of res judicata. Dilatory ex- in his own name, he gave no security; nor was any
ceptions were, as the name imports, merely calcu- security required if a cognitor sued for him, either
.ated to delay the plaintiff's demand; as, for in- from the cognitor or the plaintiff himself, for the
stance, by showing that the debt or duty claimed cognitor actually represented the plaintiff, and was
was not yet due. Gaius considers the exceptio personally liable. But if a procurator acted for
litis diridvce and rei residua? as belonging to this
him, he was obliged to give security that the plain-
class. If a plaintiff prosecuted his action after a tiff would adopt his acts for the plaintiff was not ;
dilatory exception, he lost altogether his right of prevented from bringing another action when a pro-
action. Theie might be dilatory exceptions, also, curator acted for him. Tutors and curators gener-
to the person of the plaintiff, of which class is the In the case of
ally gave security, like procurators.
excsptio cognitoria, by which the defendant objects an actio in pzrso'/iam, the same rules applied to the
either that the plaintiff is not entitled to sue by a plaintiff as in the actio in rem. If the defendant ap-
cognitor, or that the cognitor whom he had named peared by a cognitor, the defendant had to give se-
was not qualified to act as a cognitor. If the ex- curity if by a procurator, the procurator had to ;
ception was allowed, the plaintiff could either sue ive security.
himself, or name a proper cognitor, as the case When the cause was brought to an issue, a judex
might If a defendant neglected to take advan-
be. or judices might be demanded of the prator who
tage of a peremptory exceptio, the prater might af- named or appointed a judex, and delivered to him
terward give him permission to avail himself of the formula which contained his instructions. The
it;
whether he could do the same in the case of a indices were said dari or addici. So far the pro-
3
dilatory, was a doubtful question. ceedings were said to be injure: the prosecution of
The
plaintiff might reply to the defendant's excep- the actio before the judex requires a separate dis-
tio,for the defendant, by putting in his plea, became ussion.
an actor. (Vid. ACTOR.) The defendant's plea might The following is an example of a formula taken
be good, and a complete answer to the plaintiff's from Gaius a Judex esto. Si paret Aulum Agerium
:
demand, and yet the plaintiff might allege some- apud Numerium Ncgidium mensam argcnteam depo-
thing that would be an answer to the plea. Thus, suisse. eamqus dolo malo Numerii
Negidii Aulo Agerio
in the example given by Gaius, 4 if the auctioneer re-tditam non csse quanti ea res crit tantam pecuniam
(argentarius) claimed the price of a thing sold by jiuiex Numerium Negidium Aulo Agerio condemnato
auction, the defendant might put in a plea, which, si non paret, absolvito.
when inserted in the formula, would be of this shape : The nature of the formula, however, will be bet-
Ut ita demum emptor damnetur, si ei res quam emerit ter understood from the following analysis of it by
tradita sit ; and this would be in form a good plea. 3aius It consisted of four parts, the demonstratio,
:
But if the conditions of sale were that the article intcntio, adjudicatio, comlemnatio. The demonstrate
should not be handed to the purchaser before the is that part of the formula which explains what the
money was paid, the argentarius might put in a re- subject-matter of the action is. For instance,
if the
plicatio in this shape: Nisi preedictum est ne alitcr subject-matter be a slave sold, the demonstratio would
emptori res traderetur quam si pretium emptor solvent. run thus Quod Aulus Agerius Numerio Neg-idio horn-
:
1. (Hor., Serm. I., ix , 36, seqq. Cic., pro P. Quinclio, c. 6.) 1. (Gaius, iv., 130, seqq. Cic., tic Oat., '.., 37.) 2. (Cic., tun
-2 (ii , 12?. ) -3. (Gains, iv., 125.) 4. (iv., 126.) Q. Roscio, c. 2. Hor., Serm. I., v., 35.) 3. (iv.. 47.)
19
ACTOiL AC US.
The intentio contains the claim or
vcndidil. wished to bring an action against their tutor, the
1
demand of the plaintiff: Si paret hominem ex jun praetor named a tutor for the purpose. Peregrini,
or aliens, originaMy brought their action through
Quiritium Auli Agerii esse. The adjudicalio
is tha
their patronus; but afterward in their own narne,
part of the formula which gives
the judex authority
lo adjudicate the
thing
which is the subject of dis- by a fiction of law, that they were Roman citizens.
pute to one cr other ol the litigant parties.
If the A Roman citizen might also generally bring his ac-
action be among partners for dividing that which tion by means of a cognitor or procurator. (Via".
fendant in a sum of money, or to acquit him for : was an officer who had the superintendence or care
3
Auto Agerio of slaves and property belonging to the state.
example, Judex Numerium Negidium
sestertium milia condemna: si non paret, absolve. ACTOR. (VU. HISTRIO.)
Sometimes the intentio alone was requisite, as in short-hand writers, who took down
ACTUA'RII,
the formulae called prajudiciaks (which some mod- the speeches in the senate and the public assemblies. 4
cm writers make a class of actions), in which the In the debate in the Roman senate upon the punish-
matter for inquiry was, whether a certain person ment of those who had been concerned in the con-
was a freedman, what was the amount of a dos, and spiracy of Catiline, we find the first mention of
other similar questions, when a fact solely was the short-hand writers, who were employed by Cicero
to take down the speech of Cato.
thing to be ascertained.
Whenever the formula contained the condemnatio, The ACTUARII MILITIA, under the Roman emper-
it was framed with the view to pecuniary damages; ors, were officers whose duty it was to keep the ac-
and, accordingly, even when the plaintiff claimed a counts of the army, to see that the contractors sup-
particular thing, the judex did not adjudge the de- plied the soldiers with provisions according to agree-
5
fendant to give the thing, as was the ancient prac- ment, &c.
tice at Rome, but condemned him in a sum of mon- ACTUS, a Roman measure of length. "Actus
ey equivalent to the value of the thing. The for- vocabatur, in quo boves agerentur cum aratro, uno im-
mula might either name a fixed sum, or leave the petu justo. Hie erat cxx pedum ; duplicatusque in
6
estimation of the value of the thing to the judex, 'ongitudincm jugerum faciebat." This actus is called
who in all cases, however, was bound to name a 7 "
by Columella actus quadratus ; he says, Actus
definite sum in the condemnation. quadratics undiquefiniturpedibus cxx. Hoc duplicatum
The formula then contained the pleadings, or the quod eratjunctum,jugeri nomen
facit jugerum, et ajb eo,
statements and counter-statements, of the plaintiff usurpavit; sed hunc actum provincia BeEtiuz rustici
and the defendant for the intentio, as we have seen,
;
acnuam (or acnam) vacant." Varro 8 says, "Actus
was the plaintiff's declaration and if this was met
; quadratus qui et latus est pedes cxx, et longus tvtidem,
by a plea, it was necessary that this also should be ismodus acnua Latine appettatur." The actus quad-
inserted in the formula. The formula also con- ratuswas therefore equal to half a jugerum, or 14.400
tained the directions for the judex, and gave him square Roman feet. The actus minimus or simplex'*
the power to act. The resemblance between the was 120 feet long and four broad, and therefore
English and Roman procedure is pointed out in a equal to 480 square Roman feet.
note in Starkie's Law of Evidence. 1 ACTUS. (Vid. SERVITUTES.)
The following are the principal actions which we ACUS, dim. ACIC'ULA (peMvr], /Mot>*Y,
4a0<Y),
read of in the Roman writers, and which are a needle, a
briefly pin.
described under their several heads Actio Aquce : We may translate acus a needle, when we suppose
pluviee arccnda ; Bonorum vi raptorum ; Certi et In- t to have had at one end a hole or 10
for the
eye
certi; Commodati; Communi dividundo ; Confessoria; mssage of thread and a pin, when, instead of a ;
v.,
37, s5, 16; xii., tit. 49.)-6. (Plin., H.
1 ) 8 (De Re Rust., i., 16.).-0.
N., xviii
, 3.) 7
(Colum , v., l.-Varro,
De Ling. Lat. V., 4.)-10. (rpiim, M a, rpupaXi'i.)
ADAMAS. ADLECTOR.
is shown in the annexed figure of a female nead, precisely that of a crystal of quartz, in which the
taken from a marble group which was found at Apt, prism has entirely disappeared, leaving a double
in the sou'h of France. 1 six-sided pyramid upon a common base. 1 The
manner in which Dionysius Periegetes character-
izes adamas may lead us to suspect that he also
spoke of crystals of quartz for the diamond in its
;
all-resplendent,' and
afterward 'brilliant.' 3 The locality, too, in the
former case, being Scythia. The variety of adamat
which Pliny calls siderites, was magnetic iron ore;*
and the Cyprian was probably emery, or some simi-
lar substance used in engraving gems." 5
*ADAR'KES (adapts). Matthiolus admits his
ignorance of what this substance is, and Matthias
Faber was in error when he referred it to the Lapis
Spongites.
6
From the description of it given by
Dioscorides and Paulus ^Egineta, it was evidently
nothing but the efflorescence which gathers about
reeds in certain salt lakes. 7
ADDIC'TI. (Vid. NEXI.)
ThijJ fashion has been continued to our own limes ADDIC'TIO. (Vid. ACTIO.)
b) the females of Italy. Martial alludes to it in the ADDIX, ADDIXIS (fiddtf, addifo), a Greek me
following epigram, in which he supposes the hair to ure, according to Hesychius equal to four ^om/cef.
be anointed with perfumes and decorated with rib-
ADEIA (udsta). When any one in Athens, who
ands: had not the fall privileges of an Athenian citizen,
"
Tenuia ne madidi violent bombycina crines, such as a foreigner, a slave, &c., wished to accuse
3
Figat acu,s tortof. suftinmtquc comas." a person of any offence against the people, he was
The acus was employed as an instrument of tor- obliged to obtain first permission to do so, which
ture, being inserted under the nails. permission was called adeia* An Athenian citizen
Honesty was enjoined upon children by telling who had incurred art/iia (vid. ATIMIA) was also
them that it was wrong even to steal a pin. obliged to obtain adsia before he could lay an infor
mation against any one. 9
'O yup 0eof /3/l7rt ae Tritjaov irapuv.
ADEMP'TIO. (Vid. LEGATUM.)
ADGNA'TIO. (Vid. HERES; TESTAMENTUM.)
*AD'AMAS (udduaf), a name given by the an- ADGNA'TI. (Vid. COGNATI.)
cients to several hard substances, and among the
*AD'IANTON, a plant. There can be no doubt
rest, probably to the Diamond. Psellus describes that it is the Adianlum Capillus, or "Maiden-hair."
the gem adamas as follows xpoLav t v&iov- Both Nicander and
ex Theophrastus say of it, that it
:
[isv
ar;v <u aTihrnqv,
"
its colour resembles crystal, and
derives its name from the circumstance of its not
" It is "
is splendid." probable," observes Dr. Moore,
being wet by rain (a, neg., and 6iaivu, to wet").
" that when of the called ad-
Pliny, speaking gem Apuleius mentions Callitrichon, Polytrichon, and As-
umas* had in view, among other things, the dia- 10
pieiwn as synonymes of it.
mond but it is plain, from the fables he relates of
; 'AAIKI'AS Trpof TOV dfjuov -ypafyfi, and uTrarqaeuf
'
and elffiToieiaOai. with reference to the family into arily belonged to the family of the intestate.
which he was received. The son, when adopted, The rules as to adoption among the Athenians
was called notijrof, elairoiriTog, or #er6f, in opposi- are not quite free from difficulty, and it is not easy
tion to the legitimate son born of the body of the to avoid all error in stating them. The general
father, who was called yvrjaio^. doctrines may be mainly deduced from the oration,!
A man might adopt a son either in his lifetime or of Isaeus, and those of Demosthenes against Macar-
by his testament, provided he had no male offspring tatus and Leochares.
and was of sound mind. He might also, by testa- ADOPTION (ROMAN). The Roman rela-
ment, name a person to take his property, in case tion of parent and child arose either from a lawful
his son or sons should die under age. 10 "if he had marriage or from adoption. Adoptio was the gen-
male offspring, he could not dispose of his property. eral name which comprehended the two species,
This rule of law was closely connected with the adoptio and adrogatio ; and as the adopted person
rule as to adoption for if he could have adopted a passed from his own familia into that of the person
;
son when he had male children, such son would adopting, adoptio caused a capitis diminutw, and the
have shared his property with the rest of his male lowest of the three kinds. Adoption, in its specific
Children, and to that extent the father would have sense, was the ceremony by which a person who
exercised a power of disposition which the law de- was in the power of his parent (in potcstate parcn-
nied him. tium), whether a child or grandchild, male or fe-
Only Athenian citizens could be adopted but fe- male, was transferred to the power of the person
;
males could be adopted (by testament at least) as adopting him. It was effected under the
authority
well as males. 11 The adopted child was transferred of a magistrate
(magistratus), the praetor, for in-
from his own family and demus into those of the stance, at Rome, or a governor
(prases) in the
adoptive father; he inherited his property, and main- provinces. The person to be adopted was emanci-
tained the sacra of his adoptive father." It was not pated (vid.
MANCIPATIO) by his natural father before
necessary for him to take his new father's name, the competent authority, and surrendered to the
but he was registered as his son. The
adopted son adoptive father by the" legal form called in jure
might return to his former family, in case he left a cessio. 3
child to represent the family of his
adoptive father : When a person was sui juris, i. e., not in the
unless he so returned, he lost all right which he power of his
parent, the ceremony of adoption was
might have had on his father's side if he had not called d'lrogalio.
Originally it could only be effect-
been adopted but he retained all rights which he ed at Rome, and
;
only by a vote of the popu>as
might have on his mother's side, for the act of adop- (populi, auctoritate) in the comitia r.uriata
(lege curi*
iion had no effect so far as concerned the mother of the reason of this being ihat the
ata); caput or
status of a Roman citizen could
not, according to
1.
(Lamprid., Sever., c. 4. "Officium admissionis." Suet.,
the laws of the Twelve Tables, be affected except
'
Ve])., c. 14.) 2. (Ammian., xxii., 7.) 3. (Ammian., xv., 5 by a vote of the populus in t> e comitia curiata.
Vop., Aurel., c. 12.) 4. (Cod. Theod., vi., tit. 2, s. 12 tit 9 the enemy of Cicero, v as
i 2: tit. 35, s. 3.) 5. (Sen., de Benef., vi.,
Clodius,
'
adrogated into a
33, scq. Clem.,i
10.) 0. (Aristoph., Pax, 412. Schol. in loc.) 7. (Plutarch plebeian family in order to qualify himself to be
Ale., c 18. Nic.. c. 13.) 8. (For a fuller consult An- elected a tribunus plebis.* Females could rot be
account,
thon's Classical
Dictionary, a. v.) 9. (^Elian, ix., 36. Plin 1. (Isxus, 7Tp< roii 2. (Domosth.
II. N., ix., 19.110. 'Aro/XorVjp. KXivpou, 3, 5.)
(Demosth., Kara Xrcdidvov fcvS., 13.) if ACM*-, o. 6.) 3. (A. Cell., v., c. 19.- Saet
Trpfi? Au-.. c. fit >'
pi ToD'Ayw'ou KAtfpov.)
(Cic. ad Att.,
H 4.
ii., 7.-- Id, pro D< m.)
ADORATIO. ADULTERIUM.
adapted by the adrogatio. Under the emperors it quentavit; si fanum aliqiiod pr<ztereat, nefezs i
became the practice to effect the adrogatio by an adnrandi gratia manum lalris admovere.
1
The
imperial rescript (prinripis aucUrritate, ex res ripto adoratio differed from the oratio or prayers, suppli-
principis) ; but this practice had not become estab- cations, which were ofiered with the hands extend
lished in the time of Gaius, or, as it appears, of ed and the palms turned upward. 2 The adoration
It would seem, however, from a passage paid to the Roman emperors was borrowed from the
1
Ulpian.
in Tacitus, 3 that Galba adopted a successor without eastern mode of adoration, and consisted in prostra-
the ceremony ol the adrogatio. By a rescript of tion on the ground, and kissing the feet and knees
the Emueror Antoninus Pius, addressed to the pon- of the emperor. 3
ifices, those who were under age (impubercs), or ADROGA'TIO. (Vid. ADOPTION.)
wards (pwpitti}, could, with certain restrictions, be ADSCRIPTFVI. (Vid. ACCENSI.)
adopted by the adrogatio. If a father who had ADSTIPULA'TIO. (Vid. STIPULATIO.)
children in his power consented to be adopted by ADULTER'IUM properly signifies, in the Ro-
another person, both himself and his children be- man law, the offence committed by a man having
came in the power of the adoptive father. All the sexual intercourse with another man's wife. Stu-
property of the adopted son became at once the prum (called by the Greeks qQopa) signifies the like
property of the adoptive father.
3
person could A offence with a widow or virgin. It was the con-
not legally be adopted by the adrogatio till he had dition of the female which determined the legal
made out a satisfactory case (justa, bcma, causa) to character of the offence there was, therefore, no
;
the pontifices, who had the right of insisting on adultery unless the female was married.
certain preliminary conditions. This power of the In the time of Augustus a lex was enacted (prob-
pontifices was probably founded on their right to ably about B.C. 17), entitled Lex Julia de adulteriis
preserve the due observance of the sacra of each coerccndis, the first chapter of which repealed some
gens.* It would, accordingly, have been a good prior enactments on the same subject, with the pro-
ground of refusing their consent to an adrogatio, visions of which prior enactments we are, however,
if the person to be adopted was the only male of unacquainted. In this law the terms adulterium
his gens, for the sacra would in such case be lost. and stuprum are used indifferently but, strictly ;
It was required that the adoptive father also had no speaking, these two terms differed as above stated.
children, and no reasonable hopes of any and, as ;
The chief provisions of this law may be collected
a consequence of this condition, that he should be from the Digest and from Paulus.*
older than the person to be adopted. It seems not unlikely that the enactments repeal-
A woman could not adopt a person, for even her ed by the Julian law contained special penal pro-
own children were not in her power. visions against adultery; and it is also not im-
Finallv, all adoption was effected by the imperial probable that, ,by the old law or custom, if the
rescript. adulterer was caught in the fact, he was at the
The effect of adoption was to create the legal re- mercy of the injured husband, and that the husband
lation of father and son, just as if the adopted son might punish with death his adulterous wife.* It
were born of the blood of the adoptive father in seems, also, that originally the act of adultery
lawful marriage. The adopted child was entitled might be prosecuted by any person, as being a pub-
to the name and sacra privata of the adopting lic offence but under the emperors the right of
;
parent, and ii, appears that the preservation of the prosecution was limited to the husband, father,
sacra privata, which by the laws of the Twelve brother, patruus, and avunculus of the adulteress.
Tables were made perpetual, was frequently one By the Julian law, if a husband kept his wife
of the reasons for a childless person adopting a son. after an act of adultery Avas known to him, and let
In case of intestacy, the adopted child might be the the adulterer off, he was guilty of the offence of
heres of his adoptive father. He became the brother lenocinium. The husband or father in whose power
of his adoptive father's daughter, and therefore the adulteress was, had sixty days allowed for com-
could not marry her but he did not become the
; mencing proceedings against the wife, after which
son of the adoptive father's wife, for adoption only time any other person might prosecute.' woman A
gave to the adopted son the jura agnationis.* convicted of adultery was mulcted in half of her
The phrase of " adoption by testament" 6 seems to dos and the third part of her property (boiui), and
be rather a misapplication of the term; for, though banished (relegata) to some miserable island, such
a man or woman might by testament name a heres, as Seriphos, for instance. The adulterer was
and impose the condition of the heres taking the mulcted in half his property, and banished in like
name of the testator or testatrix, this so-called manner. This law did not inflict the punishment
adoption could not produce the effects of a proper of death on either party; and in those instances
adoption. It could give to the person so said to be under the emperors in which death was inflicted, it
adopted the name or property of the testator or tes- must be considered as an extraordinary punishment,
tatrix, but nothing more. person on passing A and beyond the provisions of the Julian law. 7 But,
8
from one gens into another, and taking the name by a constitution of Constantine (if it is genuine),
of his new familia, generally retained the name of the offence in the adulterer was made capital. By
his old gens also, with the addition to it of the ter- the legislation of Justinian, 9 the law of Constantine
mination amis. Thus C. Octavius, afterward the was probably only confirmed but the adulteress ;
Emperor Augustus, upon being adopted by the tes- was put into a convent, after being first whipped.
tament of his uncle the dictator, assumed the name If her husband did not take her out in two years,
of Caius Julius Caesar Octavianus but he caused she was compelled to assume the habit, and to spend
;
the adoption to be confirmed by the curiae. 7 the rest of her life in the convent.
ADORA'TIO was paid to the gods
(npoaKvvrjffi^) The Julian law permitted the father (both adop-
in the following manner: The individual stretched tive and natural) to kill the adulterer and adulter-
out his righthand to the statue of the god whom he ess in certain cases, as to which there were several
wished honour, then kissed his hand and waved
to nice distinctions established by the law. If the
it to the statue. Hence we have in Apuleius,
" Nulli Deo adhuc 1. (Apul., Apolog., p. 496. Plin., II. N., xxviii., 5.) 2. (u>-
supplicavit ; nuUum templum frc-
iianara \epiav jEsch., Prom V., 1004. Lucret., v., 1199.
:
Di?. 1, tit. 7. Cicero, pro Domo.) 6. (Cic., Brut., 58.) 7. Ann., ii., 50 iii., 24. Lips., Excurs. ad Tacit., Ann iv., 42.
; ,
(Cic., Off., iii., 18. Id. ad Att.. vii.. 8. Suet , Jul., 83. Tib., Noodt, Op. Omn.,
!
286, Sfqq.) 8. (Cod.,ix , 30.) 9 (N?
Heinecc., Syntagma. Dig. 36, tit 1, s 63.)
2, r.cqq. 134, c. 10.)
ADUNATU1. J2D1LES.
Calher killed only one of tne parties, he brought ADVOCA'TUS seems originally to have
himself within the penalties of the Cornelian law fied any person who gave another his aid in J a_'5 af-
De Sicariis. The husband might kill persons of a fair or business, as a witness, for instance or for ;
not kill his wife. The husband, by the fifth chap- to express a person who in any way gave his advice
ter of the Julian law, could detain for twenty hours and aid to another in the management of a cause ;
:he adulterer whom he had caught in the fact, for but the word did not signify the orator or patroru*
Jie purpose of calling in witnesses to prove the who made the speech, 8 in the time of Cicero. Un-
If the wife was divorced for adultery, der the emperors, it signified a person who in any
adultery.
way assisted in the conduct of a cause,* and was
1
the husband was entitled to retain part of the dos.
Horace 3 is supposed to allude to this Julian law. sometimes equivalent to orator.* The advocate's
Among the Athenians, if a man caught another fee was then called honorarium. (Vid. ORATOR,
man in the act of criminal intercourse (//o^'a) PATRONUS, CINCIA LEX.)
will, his wife, he might kill him with impunity; The advocatus is defined by Ulpian 6 to be any
and the law was also the same with respect to a person who aids another in the conduct of a suit or
concubine (Tra/tAa/o?). He might also inflict other action.
posting-book, in which the Romans entered memo- for the support and
repair of temples, curiac, &c. s
randa of any importance, especially of money re- and took care that private buildings which were in
ceived and expended, which were afterward tran- a ruinous state were repaired by the owners or pull-
scribed, usually every month, into a kind of leger. ed down. The superintendence over the supply and
(Tabula: justa, codex accepli et expensi.) Cicero de- distribution of water at Rome was, at an early pe-
scribes the difference between the adversaria and riod, a matter of public administration. According
tabulae in his Oratio pro Rose. to Frontinus, this was the
Com., c. 3 Quid :
est, duty of the censors bul ;
quod negligenter scribamus adversaria ? quid est, quod when there were no censors, it was within the prov-
diligenter confidamus tabulas ? qua, de causa ? Qnia ince of the aediles. The care of each particulai
fuse suitt menstrua, ilia sunt (eternal; Jiac delentur source or supply was farmed to undertakers (re-
itatim, iUee s,rvantur sande, &c. and all that they did was subject to the
demptores),
ADVERSA'RITJS. (Vid. ACTOR.) approbation of the censors or the SBdiles.
10
The
ADU'NATOI (udvvaroi), were persons supported care of the streets and pavements, with the clean-
hy the Athenian state, who, on account of infirmity sing and draining of the
citv, belonged to the aediles;
or bodily defects, were unable to obtain a livelihood.
and, of course, the care of the cloacae. They had
The sum which they received from the state the of
ap- office distributing corn among the plebes;
pears to have varied at different times. In the time but this 'distribution of corn at Rome must not be
of Lysias 8 and Aristotle, 9 one obolus a
day was confounded with the duty of purchasing or procuring
given; but it appears to have been afterward in- it from foreign
parts, which was performed by the
creased to two oboli. The
bounty was restricted to consuls, quaestors, and praetors, and sometimes by
persons whose property was under three min; and an
the examination of those who were entitled to it be- nonas.extrnordinary magistrate, as the prasfectus an-
The gediles had to see that the public lands
longed to the senate of the Five Hundred. 10 Pisis- were not
tratus is said to have been the first to introduce
improperly used, and that the pasrnrc-
a grouods of the state were not trespassed on and
law for the maintenance of those who had they had
;
*2?
10 T""*
T 8
*t?
J <t>ivuv ) '
~
4 (Demosth., Kar,/'
(Lysias,
NtwW, entitled to he supported l>y the state.--Potit.,Lee.
"..18.) (Pualus, Sent. Recept., vi., tit. 26.)-6. (Demnsth.
5. Atf., viii., til
<cura N*afe., IB.) 3, s. 5. Biickh, Public Econ. of Athens, i., p. 323-327, transl ;
7. KITH
(Demosth., Nsaip., c. 22. JEschin
ura TVopx-i 8. (OTTJO TO
1. (Varro, de Re Rust., ii., c. 5.) 2. (Cic., pro Caicin., c. 8.;
36.) '\fvvdrov, c. iv., p. 749 )_
9 3.
(Cic., de Oral., ii., 74.)^t. (Dipr. 50, tit. 13, s. 1 ) 5. (Ta
ASAvaToiJ-W (^Eschin., Ka r,l Ttpiap X ov, c.
.
(Hijrpocrat.,
Sl.)-ll. (Plut., Solon., c. 31Lysias, fa tp 70 D
cat., Ann.,x., 6.) 6. (Dig. SO, tit 13.) 7. (Spait., Vit. Had.,
'A&ritfnw, a c. 60.) 8. (Dig. 28, tit. 3 ) 9. (Liv :ii 55.)
peech written for an individual, in order to prove >> v ~ 1, s , 10. ,D
Vqusduct. Rom., lib. ii.)
24
AEDILES. AEDILES.
ence over buying and selling, and, as a conse- often incurred a prodigious expense, with the vie w
quence, the supervision of the markets, of things of pleasing the people and securing their vote; ic
exposed, to sale, such as slaves, and of weights and future elections. Tnis extravagant expenditure of
treasures: from this part of their duty is derived the eediles arose after the close of the second Punic
the name under which the aediles are mentioned by war, and increased with the opportunities which
the Greek writers (ayopavu[j.oi). It was their bu- individuals had of enriching themselves after the
siness to see that no new deities or religious rites Roman arms were carried into Greece, Africa, and
were introduced into the city, to look after the ob- Spain. Even the prodigality of the emperors hard-
servance of religious ceremonies, and the celebra- ly surpassed that of individual curule sediles undei
tions of the ancient feasts and festivals. The gen- the Republic; such as C. J. Caesar the dictator, P.
:ral .superintendence of police comprehended the C. Lentulus Spinther, and, above all, M. JEmilius
lut;> of preserving order, regard
to decency, and Scaurus, whose expenditure was not limited to bare
the inspection of the baths
"
and houses of entertain- show, but comprehended objects of public utility,
ment, of brothels, and
1< as the reparation of walls, dockyards, ports, and
prostitutes, who, it appears,
were registered by the aediles. The aediles had va- aqueducts.
1
An instance is mentioned by Dion
rious ofllcers under them, as praecones, scribae, and Cassius 2 of the ludi Megalesii being superintended
viatores. by the plebeian aediles but it was done pursuant to ;
The J^DILES CURULES, who were also two in a senatus consultum, and thus the particular excep-
number, were originally chosen only from the pa- tion confirms the general rule.
tricians, afterward alternately from the patricians In B.C. 45, J. Caesar caused two curule sediles
and the plebes, and at last indifferently from both. 1 and four plebeian aediles to be elected and thence- ;
The office of curule eediles was instituted B.C. 365, forward, at least so long as the office of aedile was
and, according to Livy, on the occasion of the ple- of any importance, six aediles were annually elect-
beian aediles refusing to consent to celebrate the ed. The two new plebeian aediles were called Ce-
ludi maximi for the space of four days instead of reales, and their duty was to look after the supply
three upon which a senatus consultum was pass- of corn.
; Though their office may not have been
ed, by which two Eediles were to be chosen from of any great importance after the institution of a
the patricians. From this time four aediles, two praefectus annonae by Augustus, there is no doubt
and two curule, were annually elected." that it existed for several centuries, and at least as
plebeian
The distinctive honours of the aediles curules were, late as the time of Gordian.
the sella curulis, from whence their title is derived, The Eediles belonged to the class of the minores
the toga preetexta, precedence in speaking in the magistratus. The plebeian aediles were originally
senate, and the jus imaginis. 3 The aediles curules chosen at the comitia centuriata, but afterward at
only had the jus edicendi, or the right of promulga- the comitia tributa, 3 in which comitia the curule
4
ting edicta; but the rules comprised in their edicta sediles also were chosen. It appears that, until the
served for the guidance of all the aediles. The lex annalis was passed, a Roman citizen might be
edicta of the curule sediles were founded on their a candidate for any office after completing his
authority as superintendents of the markets, and of twenty-seventh year. This lex annalis, which was
buying and selling in general. Accordingly, their passed at the instance of the tribune L. V. Tappu-
edicts had mainly, or perhaps solely, reference to [us, B.C. 180, fixed the age at which each office
the rules as to buying and selling, and contracts for might be enjoyed.* The passage of Livy does not
bargain and sale. They were the fqundation of the mention what were the ages fixed by this law ; but
actiones aiifticiae, among which are included the it is collected, from various
passages of Roman
adio redhitntoria and qiumti minoris.* great partA writers, that the age fixed for the sedileship was
of the pro-dsions of the aediles' edict relate to the thirty-six. This, at least, was the age at which i
buying and selling of slaves. The persons both of man could be a candidate for the urule aedileship,
the plebeian and curule aediles were sacrosancti. 6 and it does not appear that there was a different
It seems that, after the appointment of the curule rule for the plebeian aedileship.
aediles, the functions formerly exercised by the ple- The aediles existed under the emperors but their ;
beian aediles were exercised, with some few excep- powers were gradually diminished, and their func-
tions, by Within five
all the aediles indifferently. ions exercised by new officers created by the em-
days alter being elected or entering on office, they aerors. After the battle of Actium, Augustus ap-
were required to determine by lot, or by agreement sointed a praefectus urbis, who exercised the gen-
among themselves, what parts of the city each eral police, which had formerly been one of the du-
should take under his superintendence; and each ties of the aediles. Augustus also took from the
aedile alone had the care of looking after the paving aediles, or exercised himself, the office of su, M in-
and cleansing of the streets, and other matters, it lending the religious rites, and the banishing from
may be presumed, of the same local character with- :he city of all foreign ceremonials he also assumed
;
in his district. The other duties of the office seem :he superintendence of the temples, and thus
may
to have been exercised by them jointly. be said to have destroyed the aedileship by depri-
In the superintendence of the public festivals and ving it of its old and original functions. This will
solemnities, there was a farther distinction between icrve to explain the curious fact mentioned
by Dion
4
the two sets of aediles. Many of these festivals, Dassius, that no one was willing to hold so con-
such as those of Flora 7 and Ceres, were superin- temptible an office, and Augustus was therefore re-
tended by either set of aediles indifferently but the ;
duced to the necessity of compelling persons to take
plebeian games were under the superintendence of it: persons were
accordingly chosen by lot, out of
the
plebeian aediles, who had an allowance of mon- :hose who had served the office of quaestor and
ey for that purpose; and the fines levied on the ;ribune and this was done more than once.
; The
pecuarii and others, seem to have been appropria- last recorded instance of the
splendours of the
ted to these among other public purposes. 8 The aedileship is the administration of Agrippa, who
ce.ebration of the ludi magni or Romani, of the volunteered to take the office, and repaired all the
ludi scenici or dramatic representations, and the Dublic buildings and all the roads at his own ex-
ludi Mcgalesii, belonged especially to the curule pense, without drawing anything f:om the treasu-
jediies, and it was on such occasions tl at they ry.
8
The aedileship had, however, lost its tnw
character before this time. Agrippa had aLeai.)
1. (Liv., vii., 1.) 2.
(Liv., vi., 42.) 3. (Cic., 2 Veir., v., 14.)
-4. (Gains, i., 6.) 5. (Dis>-. 21, tit. 1, De JSdilicio Edicto. 1. (Cic., Off., ii., !7. Plin., H. N., xxxiii., 3 ; xxxvi., 15.'-
A. (Jell., iv., 2.) 6. (Liv., iii , 55.} 7. (Cic., 2 Verr., v., 14. 2. (xliii., 48.) 3. (Dion. Hal., vi., 90; ix., 43, 49. Liv., ii
Ovid., Fast., 278, seqq.) 8. (Liv, i., 23; xxvii., 6
Ovid, 56, seq.) 4. (Liv., xl., 44.15. (Iv., r. 24.) 6. (Diou. Cas
^ait.. 278, seqq.) xliz., 43. H
Plin., N.. xxxvi., 15.)
D 25
GIS. JEG1S.
brer consul before he accepted the office of aedile goatskin was anployed in the same manner; and
and /iis munificent expenditure in this nominal of the particular application of it which we have now
face was the close of the splendour of the aedileship to consider will be understood from the fact that the
Augustus appointed the curule aediles specially to shields of the ancient Greeks were in part svpport-
the office of putting out fires, and placed a body of ed by a belt or strap (re/la^wv, balteus) passing ovci
600 slaves at their command but the praefecti vigi- ;
the right shoulder, and, when not elevated with th*
lum a/terward performed this duty. In like man- shield, descending transversely to the left hip. lj
ner, the curatorcs viarum were appointed by
him to order that a goatskin might serve this purpose, twc
su^enr: end the roads near the city, and the quatu- of its legs would probably be tied over the righj
orviii tc superintend those within Rome. The CM- shoulder of the wearer, the other extremity being
ratora operum piMicorum and the curatares alvei Ti- fastened to the inside of the shield. In combat, the
Itritfalso appointed by Augustus, stripped the aedi- left arm would be passed under the hide, and would
les of the remaining few duties that might be called raise it together with the shield, as is shown in a
honourable. They lost also the superintendence of marble statue of Minerva, preserved in the muse'un
wells or springs, and of the aqueducts. 1 They re- at Naples, which, from its style oi art, may be re^k-
tained, under the early emperors, a kind of police, oned among the most ancient in .iistenee.
for the purpose of repressing open licentiousness
and disorder: thus the baths, eating-houses, and
brothels were still subject to their inspection, and
the registration of prostitutes was still within their
duties.
8
We
read of the asdiles under Augustus
making search after libellous books, in order that
they might be burned.
The and the municipia of the later pe-
colonise,
riod, had also
their aediles, whose numbers and
functions varied in different places.
Thuy seem,
however, as to their powers and dulies, to havr re-
sembled the asdiles of Rome. They were cj.oen
3
annually.
The and duties of the awliirs are
history, powers,
stated with great minuteness and accuracy by Schu-
bert, De Romanorum jEd-ili/sus. jib. iv., H< L'Imontii,
1828.
jEDIT'UI, JSDIT'UMl. jEDIT'JMI (called by
the Greeks veuKopoi, '<//</, an<! vniif/iKopoi*), were
l/tisdnia, L., ana ,xVr?f/ J/nscinia (Latham), or the Other statues of Minerva, also of very hih anti-
Nightingale. We soir.- lines read a6ovi$, or uTjtiovif quity, and derived, no doubt, from some still more
in Doric. The nightingale is also called (JH^O^/M ancient type, represent her in a state of
repose, and
and Ttpoicvri by the poets. That it is the male bird with the goatskin falling obliquely from its loose
only which sings, was well understood by the an- astening over her right shoulder, so as to pass
8
cients. Virgil, however, has on one occasion given round the body under the left arm. The annexed
the power of song to the female bird. 9 From some igure is taken from a. colossal statue of Minerva at
papers in the Classical Journal, it would appear Dresden. The softness and flexibility of the goat-
that the nightingale
sings by day as well as by kin are here expressed by the folds produced i*v it
10
iiight. >y the girdle with which it is encircled.
is a Greek word
(aiyif, -Sof), signifying,
literally,a goatskin, and formed on the same anal-
11
ogy with vefyKf, a fawnskin.
According to ancient mythology, the segis worn
by Jupiter was the hide of the goat Amalthea, which
had suckled him in his 12
infancy. Hyginus relates
that, when he was preparing to resis't the Titans, he
was directed, if he wished to
conquer, to wear a
goatskin with the head of the Gorgon. To this
particular goatskin the term segis was afterward
confined. Homer always represents it as part of
the armour of
Jupiter, whom, on this account, he
distinguishes by the epithet agis-beanng (ai-yioxoc).
tie, however, asserts that it was borrowed on differ-
ent occasions both 13
by Apollo and by Minerva. 14
The skins of various
q-iadrupeds having been
used by the most ancient inhabitants of Greece for
clothing and defence, we cannot wonder that the
1. 2. (Tacit.,
(Frontmus, ii.) Ann., ii., 85.) 3. (De JEdil.
C<.., Otto., Lips., 1732.) 4. (Herod., vi., 134.)
<fec., 5. (Liv
KI., 17. Geil., xii., 10. Suet., Dom., 1. Varro, De Lin<*.
Lat., vi., 2.)-6. (Plin., II. N., xxxvi., 4, $
lO.-Cic., 2 Verr
Another mode of wearing this garment, also t,
iv., 44. Schol. m
Hor., Ep. 11, i., 230.) 7. (Serv. in Vir- icaceful expression, is seen in a statue of Minerva
JEn., ix., 648.) 8. lEustath. in II., 9. (Geor^
hi., 150, p. 395.) at Dresden, of still than that
iv., 511, seqq.) 10 (vol. xxvii., p. 92;
xxviii., p. 184, 343-
higher antiquity last
TXIT. p.255 ; xxx., p. 180, 341.) 11. (Vid. Herod., iv.. 189.) eferred to, and in the very ancient image of the
'Aatron. Poet., 13.) 13. (II., TV., 229,
307-318, 360; xiiv.,
ame goddess from the Trmple of Jupiter at ^Egi-
0,V-14. (II., ii., 447-149 ; xviii., 204 ; xii.. 400 ) na. In both of these the aegis covers the
right as
JEGIS. JE.LIA SE3NTIA LEX.
*el! as the left shoulder, the breast, and the back, part c f his left arm. Ths shield is p.aced o.ndei
falling behind so as almost to reach the feet. neath it,at his feet. In his right hand he he .ds :b
Schom 1
considers this as the original form of the thunderbolt.
aegis.
Bya figure of speech, Homer uses the term aegis
to denote not only the goatskin, which it properly
signified, but, together with it, the shield to which it
belor.ged. By thus understanding the word, it is
easy *o comprehend both why Minerva is said to
throw her father's aegis around her shoulders, 3 and
srcy, on one occasion, Apollo is said to hold it in
Lis hand, and to shake it so as to terrify and con-
ir.und the Greeks, 8 and on another occasion to cover
with it the dead body of Hector, in order to protect
it from insult.* In these passages we must suppose
the aegis to mean the shield, together with the large
expanded skin or belt by which it was suspended
from the right shoulder.
As the Greeks prided themselves greatly on the
rich and splendid ornaments of their shields, they
supposed the aegis to be adorned in a style corre-
sponding to the might and majesty of the father of
the gods. In the middle of it was fixed the appal-
5
ling Gorgon's head. and its border was surrounded
with golden tassels (-dvaavoi), each of which was
worth a hecatomb. 6 In the figures above exhibited,
the serpents of the Gorgon's head are transferred to
the border of the skin. The Roman emperors also assumed the cegis, in-
By the later poets and artists, the original concep- tending thereby to exhibit themselves in the char-
tion of the appears
cegis have been forgotten or
to acter of Jupiter. Of this the armed statue of Ha-
disregarded. They represent it as a breastplate drian in the British Museum presents an example.
covered with metal in the form of scales, not used In these cases the more recent Roman conception
to support the shield, but extending equally on both of the aegis is of course followed, coinciding with
sides from shoulder to shoulder, as in the annexed the remark of Servius, 1 that this breast-armour was
figure, tak?.n from a statue at Florence. called segis when worn by a god lorica when worn ; }
by a man.
Hence Martial, in an epigram on the breastplate
of Domitian, says,
"
Dum vacat hate, Cccsar, potent lorica rocari .
lowing ceras were adopted in later times 1. The also all decrees of the senate were entered there, in
:
9
aera of the Trojan war, B.C. 1184, which was first books kept for the purpose.
made use of by Eratosthenes. 2. The Olympiac The asrarium was divided into two parts: the
aera, which began B.C. 776, and was first made use common treasury, in which were deposited the regu-
of by Timceus of Sicily, and was adopted by Polyb- lar taxes, and which were made use of to meet the
ius, Diodorus, Dionysius of Halicarnassus, and Pau- ordinary expenses of the state and the sacred ;
sanias. (Vid. OLYMPIAD.) 3. The Philippic or Alex- treasury (ararmm sanctum, sanctius 10 }, which was
andrian sera, which began B.C. 323. 4. The sera never touched except in cases of extreme peril.
of the Seleucidoe, which began in the autumn of The twentieth part of the value of every s':ave who
B.C. 312. 5. The seras ofAntioch, of which there was enfranchised, 11 and some part of the
pander of
V3re three, but the one in most common use began conquered nations, were deposited in the sacred
in November, B.C. 49. 18
treasury. Augustus established a separate ireas-
The Romans reckoned their years from the ury under the name of csrarium militare, to provide
founiation of the city (ab urbe condita) in the time for the pay and support of the
army, and he impo-
of Augustus and subsequently, but in earlier times sed several new taxes for that 13
purpose.
the years were reckoned by the names of the con- The cerarium, the public treasury, must be distin-
suls. We
also find traces of an sera from the guished from the
Jiscus, the treasury of the emper-
banishment of the kings, and of another from the ors. 14
(Vid. Fiscus.)
taking of the city by the Gauls. The date of the The charge of the treasury was originally in-
foundation of Rome is given differently by different trusted to the
quaestors and their assistants, the
authors. That which is most commonly followed tribuni asrarii but in B.C. 49, when no ; quaestors
is the one given which
by Varro, corresponds to were elected, it was transferred to the eediles, in
B.C. 753." It must be observed that 753 A.U.C. is whose care it to have been B.C.
appears till 28,
the first year before, and 754 A.U.C. the first
year when Augustus gave it to the praetors, or those who
after the Christian sera. To find out the year B.C. had been praetors. 16 Claudius restored it to the
corresponding to the year A.U.C., subtract the year queestors 16 but Nero made a fresh change, and
;
A.U.C. from 754; thus, 605 A.U.C.=149 B.C. To committed it to those who had been
praetors, and
find out the year A.D.
corresponding to the year whom he called prafccti fsrarii. 11 In the time of
A.U.C., subtract 753 from the year A.U.C. thus
Vespasian, the charge of the treasury appears to
;
767 A.U.C.=14 A.D. have been again in the hands of the praetors 18 but ;
jERA'RII, those citizens of Rome who did not in the time of Trajan, if not before, it was
again
enjoy the perfect franchise i.
e., those who cor-
; intrusted to the prefects, who appear to have hejj
responded to the Isoldes and Atimi at Athens. The their office for two 19
name, is a regular adjective formed from <zs years.
(bronze), *^ERU'GO (tor), Verdigris. "Among the an-
and its application to this particular class is due to
cients, as it still is, verdigris was a common
the circumstance that, as the aerarii were green
protected pigment; and Dioscorides* and Pliny* specify sev- 1
by the state without being bound to military ser- eral varieties of native or
aerugo, ioc, classing with
vice, they naturally had to pay the as
militare, it, in this case, what we may suppose to have been
which was thus originally a charge on
them, in the green carbonate, instead of acetate of
same as the
way sums for knights' horses were levied coppei as, ;
oo. the estates of rich widows and orphans. 9 (Niebuhr, Hist. Rom., ii., p. 317.) 2. (Aul. Gell., iv., 12.)
1.
(Vid.
Ms HORDEARIUM.) The persons who constituted
3. (Cic., pro Cluent., 43.)
Attic., i., 16.)
4. (Aul. Cell., xvi., 13.)
6. (Dion. Hal., iv., 14.)
5. (Af
7. (Plut., Popl., 12.
this class were either the inhabitants of
other towns Plin., Paneg-., 91, seq.) 8. (Liv., iii., 69
; iv., 22 vii.,23.)
; 9.
which had a relation of (Cic., de Lea-., iii., 4.
isopolity with Rome (the Tac., Ann., iii., 51 ; xiii..20.) 10. (Liv.,
xxvii., 10. Flor., iv., 2. Cses., Bell. Civ., i., 14.) II. (Liv.,
vii., 16 ; xxvii., 10.) 12. (Lucan., Phars., iii., 155.) 13. (Suet
1. (Cams, lib. i.~
Ulp., Fra*., tit. I. Dig. 28, tit. 5, s. 57, 60.
Octav., 49. Dion, Iv., 24, 25, 32.) 14. (Sen., de Ben., v.i., 6
-Tacit., Ann., xv., 55 )-2. (Ammian., xxiv., 4.)-3.
W.)-4. (Sen E P.,84.)-5. (Orelli, 4059,-Gruter, (Suet., Jul.,
2C4, No. 1 .)
Plin., Pan., 36, 42. Suet., Octav., lai. Tac., Ann., ii., 47
15. (Suet., Octav., 36.)
' 6 ->-'' Th -y<l-, vi., 2.) 16. (Suet., Claud, 24
rtf K'K H,st. ( . 2,-Pausan., iii., 11, $ 2.)-8 Dion, lx.. 24.) 17. (Tac., Ann., xiii., 29.) 18 (Tac., Hist
(Nichuhr, Horn., vol. i., p. 258-269, tran*l.}_9.
Hist. KOQ.. (Niebuhr, iv., 9.) 19. (Plin., Pan., 91, 92.--Lips., Excjrs nd
Tac., Ann.
I M p. 465.) .
xui., 29.) 20. fDioscor., v,')!.) St. (^'"K II, N. iixii 2&
28
JES.
the efflorescence upon stones which we collect from some of the writers of
'
tor example, antiquity,
contained copper,' and what was
'
was, as we learn from Pliny, the one best calcula- small a quantity, that it hardly deserved notice if ;
ted to deceive; and the mode of detecting it, sug- it was indeed present, it may rather be attributed
gested by him, deserves notice. It was to rub the to some accident of nature than to design. For
counterfeit serugo on papyrus steeped with the gall- farther particulars on the composition of
bronze,
nut, which immediately thereon turned black."
1
and the practice of the ancients in different pro-
were vagrants who obtained cesses of metal-working, the reader is referred to
^ERUSCATO'RES
their living by fortune-telling and begging. 8
They the article on bronze.
were called by the Greeks uyvprai. ( Vid. AGURTAI.) JES (money, nummi a'enei or aril). Since the
Festus explains ceruscare by &ra iindique colligere. most ancient coins .in Rome and the old Italian
JES (^aAfcdf), a composition of metals, in which states were made of ass, this name was given to
copper is the predominant ingredient. Its etymology money in general, so that Ulpian says, Etiam aurc-
is not known. The Italians and French often use os nummos as dicimus.'* For the same reason we
the words rame and ottone, and airain, to translate have ces alieimm, meaning debt, and ara in the
the word aes but, like the English term brass, plural, pay to the soldiers.
;
3
The Romans had no
which is also employed in a general way to express other coinage except bronze or copper (as) till
the same composition, all are incorrect, and are A.U.C. 485 (B.C. 269), five years before the first
calculated to mislead. Brass, to confine ourselves Punic war, when silver was first coined gold was ;
to our own language, is a combination of copper and not coined till sixty-two years after silver.* For
zinc, while all the specimens of ancient objects this reason, Argentinus, in the Italian mythology,
formed of the material called aes, are found was made the son cf ^Esculanus.*
upon
analysis to contain no zinc but, with very limited ;
The earliest copner coins were cast, not struck,
exceptions, to be composed entirely of copper and In the collection of coins at the British Museum
tin. To this mixture the term bronze is now exclu- there are four ases joined together, as they were
sively applied by artists and founders and it is de- taken from the mould, in -yliich many were cast at
;
sirable that, being now generally received, it should once. IA most ases the edge shows where they
always be used, in order to prevent misapprehen- were severed from each other. The first coinage
sion, and to distinguish at once between the two of ses is usually attributed to Ssrvius Tullius, who
compositions. The word bronze is of Italian or- is said to have stamped the nisney with the image
igin,
and of comparatively modern date, and de- of cattle (pecus). whence it was called pecunia*
nted in all probability from the " brown coloui According to some accounts, it was coined from
of the revival the commencement of the city; 7 and according to
those who followed ethers, the first coinage was attributed to Janus or
various fine speci- Saturn.' know that the old Italian states We
mens of such productions of the cinque-cento age are possessed a bronze or copper coinage from the
btill preserved in the Museum of Florence and in earliest times.
other collections ; and when the surface of the cast The first coinage was the as (vid. As), which orig-
has not been injured by accident or by exposure to inally was a pound weight but as, in course of time, ;
the weather, the rich brown tint originally imparted the weight of the as was reduced not only in Rome,
to them is as perfect as when it v;as first produced. but in the other Italian states, and this reduction
The natural colour of bronze, when first cast, is a in weight was not uniform in the different states, it
reddish brown the different tints which are seen became usual in all bargains to pay the ases accord-
;
on works of sculpture of this class being almost al- ing to their weight, and not according to their nomi-
ways given by artificial means that which modern nal value. The ess grave was not, as has been sup-
9
:
taste prefers, and which is JIOTP usually seen on posed by some, the old heavy coins as distinguished
bronze works, namely, a bright bluish green, may, from the lighter modern but, as Niebuhr 10 has re- ;
however, be considered natural to it, as it is simply marked, it signified any number of copper -oins
the effect of oxidation, from exposure to the influ- reckoned according to the old style, by we,ght.
atmosphere. Sometimes the operations There was, therefore, no occasion "for the state to
ence of the
of time and weather are anticipated by the skilful suppress the circulation of the old copper coins,
application of an acid over the surface of the metal. since in all bargains the ases were not reckoned by
The finest bronzes of antiquity are remarkable for tale, but by weight. The weight thus supplied a
the colour of this patina, as it is called by anti- common measure for the national money, and for
quaries. that of the different states of Italy; and, according-
The employment of aes (bronze") was very general ly, a hundred pounds, whether of the old or modem
aracng the ancients money, vases, and utensils of money, were of the same value. The name of oes
;
all sorts, whether for domestic or sacrificial pur- grave was also applied to the uncoined metal. 21
poses, ornaments, arms offensive and defensive, fur- Tinder the Roman empire, the right of coining
uitare, tablets for inscriptions, musical instruments, silver and gold belonged only to the emperors but ;
and, indeed, every object to which it could be ap- the copper coinage was left to the aerarium, which
plied, being made of it. The proportions in which was under the jurisdiction of the senate.
the component parts were mixed seem to have Bronze or copper (^aA/cof) was very little used
I ecu much studied and the peculiarities and ex-
;
cell^nce of the different sorts of bronze were marked 1. (Mongez, Mem. de 1'Institut.) 2. (Dig. 50, tit. 16, &. 159.
Compare Hor., Ep. ad Pis., 345.
Id., Ep. 1, vii., 23.) 3. (Liv.,
by distinctive names, as the sss Corinthiacurn, Ees v .
;
4.H. N., xxxiv., 1.) 4. (Plin.,H. N., xxxiii., 13.)
Plin.,
Deliacum, aes JEgineticum, aes Hepatizon, and 5. ('' Quia prius serea pecunia in usu esse coepit, post argentea:"
others ;
but of which, it must be confessed, we August., de Civ. Dei, iv., 21.) 6. (Plin., H. N., xxxiii., 13 ;
We^hU 4 Id -> lje!jer 5ew chte Thus the avus, avia pater, mater ; of the wife
'
19 A' f'
C) f
;-C|C d
' '
Miinzfusse, &c., p. ia 2
. ;
SS
10. (Gai..,.,
,7Tv-
L%, CT.n
iv., 2T.-Cato RSfeaar&TO
iv.', (i
1. (Flore de Virpile, p. II.)
xvii., 34, 3.) 3. (H.P.,
(H. N., xvi , 6, 2 79 4 43, 1
iii.,9.)
2.
4.
; ,
h
ap. Gel]., vii., o'.-Niebuhr ffi^
Rom , 460 4610-11. (Hist. R xxxvi., 39, 1.) 5. (Diosoor., 160.) 9. (Theop'j ast
v., ttu
m., j., 439 )_12 (GcU 7
rvn , Oci 72.1-13. At0., c. 11.) (Adams. Apo^nd.. s. v.) <Ai!am>, AittajT
-v., Vinr , Ceo^.. *, g)""
18...|u*,
AGEMA. AG1TATORES.
become by the marriage respectively the socer mag- body of troops in the Macedonian army, which Hsu.
nus, proso;rus, or socrus magna socer, socrus ally consisted of horsemen. The agema seen s tc
of the husband, who becomes with respect to them have varied in number sometimes it consiste 1 of
;
severally progener and gener. In like manner, the 150 men, at other times of 300, and in later times
corresponding ancestors of the husband respectively contained as many as 1000 or '2000 men. 1
assume the same names with respect to the sou's *AGE'KATOlN (uyfiparov), a plant, which Matthi
wife,who becomes with respect to them pronurus olus and Adams make to have been the AckiUea
and nurus. The son and daughter of a husband or ageratum. Dodonaeus and Sprengel, hr-/ever, are
wife born of a prior marriage are called privignus undecided about it. It would appear to be the Eitr-
and privigna with respect to their stepfather or patorium of the translator of Mesue.*
stepmother; and, with respect to such children, the ArEflPTlOY AI'KH (uyeupyiov Mni]), an ac
stepfather and stepmother are severally called tion which might be brought in the A thenian courts
vitricus and noverca. The husband's brother be- by a landlord against the farmer who had injured
comes levir with respect to the wife, and his sister his land by neglect, or an improper mode of culiir
becomes glos (the Greek yuAwf). Marriage was vation. 3
unlawful among persons who had become such AGER
ARCIFI'NIUS. ( Vid. AGRIMENSORES.)
affines as above mentioned. person who had sus- A AGER
DECUMA'NUS. ( Vid. ACRAHIJE LEGES.)
tained such a capitis diminutio as to lose both his AGER
LIMITA'TUS. ( Vid. AGRIMENSORES.)
freedom and the civitas, lost also all his affines.
1
AGER PUB'LICUS. (Vid, AGRARIJE LEGES.)
* AGALL'OCHON (uyd^Aoxov), the Lignum Aloes, AGER RELIGIO'SUS. (Vid. AGRARIJE LEGES.)
or Aloexnjlon Agallockum, Lour. Such, at least, is the AGER SACER. (Vid. AGRARUE LEGES.)
opinion of the commentators on Mesue, of Celsius, AGER SANCTUS (re/zevof). Te//evof originally
Bergius, Matthiolus, Lamarck and Sprengel. Avi- signified a piece of ground, appropriated lor the sup-
cenna and Abu' 1 Fadli describe several species, or, port of some particular chief or hero.* In the Ho-
more properly, varieties of it. 2 meric times, the kings of the Greek states seem to
AFA'MIOT rPA4>H (uya.fj.iov ypatf). ( Vid. MAR- have been principally supported by the produce of
RIAGE.) these demesnes. The w\rd was afterward applied to
*AGARTK.ON (ayapiKov), the Boletus igniarius, land dedicated to a divinity. In Attica, there appears
called in English Touchwood or Spunk, a fungous to have been a considerable quantity of such sacred
excrescence, which grows on the trunk of the oak lands (TEfiivj}), which were let out by the state to
and other trees, Dioscorides, Paulus jEgineta, and farm; and the income arising from them was ap-
other writers on Toxicology, make mention of a propriated to the support of the temples and the
black or poisonous Agaric, which may be decided maintenance of public worship. 5
According to Dionysius, land was
6
to have been the Agaricus Muscat-ins. Dr. Christi- set apart at
son confirms the ancient statements of its poisonous Rome as early as the time of Romulus for the sup-
port of the temples. The property belonging to the
3
nature.
AGA'SO, a groom, a slave whose business it was temples increased considerably in later times, es-
7
to take care of the horses. The word is also used pecially under the emperors.
fora driver of beasts of burden, and is sometimes Lands dedicated to the gods were also called
applied to a slave who had to perform the lowest Agri consecrati. Houses, also, were consecrated ; as,
menial duties.* for instance, Cicero's, by Clodius. By the provisions
*AGASS'EUS (uyaffffevf), a species of dog de- of the Lex Papiria, no land or houses could be dedi-
scribed by Oppian. 5 It may be conjectured to have cated to the gods without the consent of the plebs. 8
been cither the Harrier or the Beagle. Pennant is The time when this law was passed is uncertain;
in favour of the latter. 6 but it was probably brought forward about B.C. 305,
AGATHOER'GOI (uyadoepyol). T n time of war if Livy 9 alludes to the same law.
the kings of Sparta had a body-guard of, three hun- A
'ER VECTIGA'LIS. (Vid. AGRARIJE LEGES.)
dred of the noblest of the Spartan youths (inneig ), of AG7/TORIA (ayriropia). (Vid. CARNEIA.)
whom the five eldest retired every year, and were (X&IJL<I),
AGGER
from ad and gcro, was used in
employed for one year, under the name of uyadoep- general for a heap or mound of any kind. It was
foi, in missions to foreign states.
7
It has been more
particularly applied to a mound, usually com-
maintained by some writers that the uyaOoepyoi did posed of earth, which was raised round a besieged
not attain that rank merely by seniority, but were town, and was gradually increased in breadth and
10
selected from the imreif by the ephors without refer- height till it equalled or overtopped the walls. At
nce to age. 8 the siege of Avaricum, Csesar raised in 25 davs an
11
AG'ELE (uye/b?), an assembly of young men in agger 330 feet broad and 80 feet high. The gger
Crete, who lived together from their eighteenth year
was sometimes made not only of earth, but of wood,
&c. whence we read of the agger lemg
till the time of their
marriage. An uy&rj consisted hurdles, 18
;
of the sons of the most noble citizens, who were set on fire. The agger was also applied to the
under the of the father of the earthen wall surrounding a Roman encampment,
usually jurisdiction
of the earth dug from the ditch (fossa),
youth who had been the means of collecting the composed
uff- XT/. It was the duty of this person, called uye/lu- which was usually 9 feet broad and 7 feet deep but ;
II., Yiii., 72. Pers., v., 76.) 5. (Cynepet., 473.) 6. (British 7. (Vid. Suet., Oct., 31. Tac., Ann., iv., 16.) 8. (Cir.., pro
Zoology, -vol. i., p. 63.) 7. (Herod., i., 67.) 8. (Ruhnken ad Dora., c. 49, seq.) 9. (ix., 46.) 10. (Liv., v., 7.) 11 (BelL
Tim*:' Vi Plat s. v.) 9. (Ephorus ap Strab., x., 480, 482, Gall.,vii., 24.) 12. (Liv., xxxvi., 23. Cues., Bell. Gall., vii , 24
Id., Bell. Civ., ii., 14, seq.) 13 (Bell. Gall., tii., 72 j
ol
AGNUS. AGONES.
remarks, that this is the Vikz a*nus casi'iis, ul L
AGMEN (agmen proprie dicitur, cum
ezercitus iter
l Chaste-tree. Galen makes it to be the same as the
tariL ab agenda, id est, eundo vocatus \ the marching2
jrder of the Roman army. According to Polybius, Twyoq. The latter occurs in the Odyssey of Ho-
Ihe Roman armies commonly marched in his
time in mer,
1
and also in the Iliad,* and may there mean
" 3
In the van are usually pla- any flexible twig.
the following manner :
with the left wing of the allies. The cavalry derived it from Agonius, a surname of Janus; some
marches sometimes in the rear of the respective from the word agonc, because the attendant, whose
bodies to which it belongs, and sometimes on the duty it was to sacrifice the victim, could not do so
flanks of the beasts that are loaded with the bag- till he had asked the rex sacrificulus, Agone? and
gage, keeping them together in due order,
and cov- others from agonia, because the victims were for-
ering them from insult. When any attack
is ex- merly called by that name.
7
The Circus Agonalis,
pected to be made upon the rear, the
extraordina- built" by the Emperor Alexander, is supposed by
ries of the allies, instead of leading the van, are some writers to have been erected on the spot
posted in the rear in all the other parts the dispo-
;
where the victims were sacrificed during the ago-
sition remains the same. Of the two legions, and nalia.
the two wings of the allies, those that are on one AFS2NE2 a.TLfir]Tol KOL Ti[n]Tol. All causes in
day foremost in the march, on the following day are the Athenian courts were distinguished into two
placed behind that, by thus changing their rank classes ayiJves UTI^T/TOL, suits not to be assessed, in
;
:
alternately, all the troops may obtain the same ad- which the fine or other penalty was determined by
vantage in their turn of arriving first at water and the laws and uyuve^ TI^TO'I, suits to be assessed, ;
at forage. There is also another disposition which in which the penalty had to be fixed by the judges.
is used when any immediate danger threatens, and When the judges had given their votes in favour
the march is made through an open country. At of the plaintiff,
they next had to determine, provi-
such times, the hastati, the principes, and the triarii ded that the suit was an ayuv riftrjTof, what fine or
are ranged in three parallel lines, each behind the punishment was to be inflicted on the defendant
other, with the baggage of the hastati in the front. (nadelv fj airoTlaai).* The plaintiff generally men-
Behind the hastati is placed the baggage of the tioned in the
pleadings the punishment which he
pritiipes, who are followed likewise by that of the considered the defendant deserved (TiuaaBai) and ;
tria :ii so that the baggage of the several bodies the defendant was allowed to make a counter-as-
;
It appears that,
during a march in the daytime, ei-
was fixed in proportion to the
injury which the de-
ther ths cavalry or the fendant had received. Thus, in the action for
heavy-armed, or the tar- inju-
geteers, marched in the van, according to the na- ry (fihddrK diKTi), if the injury had been done unin-
ture of the ground but that in the tentionally, the single, and if intentionally, the dou-
nighttime the
;
f lowest
troops always marched first, by which plan ble assessment was to be made. 13
But, on the othei
tie armxwas less to be separated, and the hand, all penalties which had not the character o/
likely
had fewer opportunities of
s tfdiers
compensation were fixed absolutely; as, for in.
leaving the ranks
without discovery. stance, in the case of libellous words
(KaKTiyopia),
AGNA'TI. (Vid. COGNITI.) at 600 drachmas ;* and in the action for
non-ap-
AGNOMEN. (Vid. COGNOMEN.)
*AGNUS (<5yvo f ). All are agreed, as Schneider 1. 427.)-2. (xi., 105.)-3. (Bioscor., iv., 134-Theo
(is.,
phrast., 3.)-4. (Ovid, Fast., v., 721.) 5. (Fcst., s v.)-6
i.,
(Macrob., Saturn., i., 4.) 7. (Ovid, Fast.,
i., 31 9-332.- -Fest.
"' -)
n 72r (Plat>I Apo1 Socr '> c 25. Demosth. in Mid., p. 523.1
'
/T"?'!,
WelL Jnd
1
in
T -
> !7> 190-
- -
-9. (Plat.,Apol. Socr., c. 25.)-10. (in Timocr., p. 733.) 11.
>,
6, <> 2.)-5. (iij., 6.)-6. (Serv! in
in., 181. Compare Virfr., JEn., ii., 450; v., 3'B.)7
Virg., (Demosth. m
Mid., p. 529 ; in Timocr., p. 720 in Aristogit.,
;
.,
'
p. <94; in Theocnt., 1332, 1343; in
' ix -' 30 ., Bell.. Gall.,
Nerer., 1347.) 12 (Har'
Hirt., ., 8.- FibuU
-
., viii., .
pOCr t ''- s Ulpian ' in Demosth., Mid., p. 523.) 13. <D
, i.
., Ann., i M.) -S. (VK.. 3. <, 37. seo.
1
mosth.t v7'~m
Mid., p. 528 ) 14. (Isocr. in
Loch., p. 398.)
AGORA. AGRARI^E LEGES.
market," was used to signify the time from
'
and Miiller6 think " that the nobles were the only registered on the Acropolis (iyytypa/2/j.cvo^ ev 'A/cpo-
persons who proposed measures, deliberated, and
9
always means indebted to the state. If
voted, and that the people were only present to hear the name of an individual was improperly erased,
the debate, and to express their feeling as a body he was subject to the action for non-registration
;
vhich expressions might then be noticed by a prince ypatyf/'}, which was under the jurisdiction
of a mild disposition." The latter view of the of the thesmothetae but if an individual was net
;
question is confirmed by the fact, that in no pas- registered, he could only be proceeded against by
10
sage in the Odyssey is any one of the people repre- vdeit;if. and was not liable to the dypaQiov ypad>?;.
sented as taking part in the discussion; while, in Hesychius, whose account has been followed by
the Iliad, Ulysses inflicts personal chastisement
Hemsterhuys and Wesseling, appears to have been
upon Thersites for presuming to attack the nobles mistaken in saying that the uypaQiov ypatyij 'iuld
in the uyopd. 7 The people appear to have been be instituted against debtors who had not been re-
only called together to hear what had been already gistered.
11
agreed upon in the council of the nobles, which is ArP'A$OI NO'MOI. (Vid. NOMOI.)
nailed /3w/l?/ 8 and tfow/cof,' and sometimes even ArP'A*OY META'AAOY TPA4>H (dypd<pov aerd7.-
10
Tiov ypafyr]) was an action
uyopd. brought before the thes-
Among the Athenians, the proper name for the mothetae at Athens, against an individual who
assembly of the people was tKK^rjaia, and among worked a mine without having previously register-
the Dorians ei/U'a. The term uyopd was confined ed it. The state required that all mines should be
at Athens to the assemblies of the phyloe and demi." registered, because the
twenty-fourth part of their
In Crete the original name uyopd continued to be produce was payable to the public treasury. 18
applied to the popular assemblies till a late pe- AGRA'RI^E" LEGES. "It is not exactly true
1'
riod. that the agrarian law of Cassius was the earliest
The name dyopd was early transferred from -the that was so called every law by which the com-
:
and intelligible notions which belong to a later age, possessio, contains the whole solution of the ques-
towards their historical origin, though we may tion of the agrarian laws. For this solution we are
never be able to reach it. mainly indebted to Niebuhr and Savigny.
8
Gaius, who probably wrote under the Antonines, This latter kind of possessio, that which has pri-
made two chief divisions of Roman land; that vate land for its. object, is demonstrated by Savigny
which was dimni juris, and that which was humani (the term here used can hardly be said to be too
juris. Land which was divini juris was either strong) to have arisen from the first kind of pos-
sacer or religiosus. 3 Land which was sacer was sessio and thus it might readily be supposed that
:
the context shows, such land was land which be- it grew. In the imperial period, public land had
longed to the state (populus Ro-manus). An in- almost ceased to exist in the Italian peninsula, hut
dividual could make a portion of his own land the subject of possession in private lands had De-
religiosus by the interment in it of one of his come a well-understood branch of Roman JAW.
family but it was the better opinion that land in The remarks in the three following paragraphs are
:
(pop. Rom.} or in the Caesar, and that individuals state, ager publicus and ager priva.tus : in the latter
had only the possession and enjoyment of it (pos- alone private property existed. But, conformably
ssssio et usus
fructus). Provincial lands were either to the old constitution, the greater part of the ager
ttipendiaria or trilndaria : the stipendiaria were in publicus was given over to individual citizens to
those provinces which were considered to belong to occupy and
enjoy; yet the state had the right of re-
the Roman state the tributaria were in those prov- suming the
;
possession at pleasure. Now we find
inces which were considered as the
property of the no mention of any legal form for the protection of
Cassar. Land which was humani juris was divi- the
occupier, or possessor as he was called, of such
ded into public and private the former belonged to public land against
:
any other individual, though i)
the state, the latter to individuals. cannot be doubted that such a form actually exist-
It would seem to from the form ob- ed. But if we assume that the interdict which pro-
follow, legal
served in making land sacer, that it thereby ceased tected the
possession of an individual in private
, to be publicus for if it still continued it land was the form which protected the possessor
;
publicus,
had not changed its essential quality. Niebuhr* of the
public land, two problems are solved at the
has stated that " all Roman land was either the same time : an historical origin is discovered for
property of the state (common land, domain) or possession in private land, and a legal form for the
property aut publicus aut piivatus ;" and protection of possession in public land.
e adds that " the landed
Erivate An hypothesis, which so clearly connects into
property of the state was
either consecrated to the gods
(sacer), or allotted to one consistent whole facts otherwise incapable of
men to reap its fruits (profanus, humani juris)." such connexion, must be considered rather as
Viebuhr then refers to the view of Gaius, who
evolving a latent fact, by placing other known facts
makes 'he latter the primary division; but he relies in their true relative
position, than as involving any
i (Nieb., Rom. Hit., vol. ii., p. 129, transl.) -2. (ii.,
2, seqq.)
independent assumption. Bat there is historical
3. (Compare
Frontinu*, de y i Agraria, xiii.) 4. (Appendix,
evidence in support of the hypothesis.
ii.)
1. (viii., 14.) 9 (i.. 38.) 3.~<5th edit., p. !72.;
AGRARI^E LEGES. AGRARI^E LEGES.
2. The words possessio, possessor, and possidere are mals. The rich occupied the greater part of thi*
the technical terms used by writers of very different undivided land, and at length, feeling confident
ages, to express the occupation and the enjoyment that they should never be deprived of it, and getting
of the public lands that is, the notion of a right to hold of such portions as bordered on their shares,
;
occupy and enjoy public land was in the early ages and also of the smaller portions in the possession
of the Republic distinguished from the right of prop- of the poor, some by purchase and others by force,
erty in it. Nothing was so natural as to apply they became the cultivators of extensive districts
this notion, when once fixed, to the possession of instead of mere farms. And, in order that their
private land as distinct from the ownership and, cultivators and shepherds might be free from mili-
;
accordingly, the same technical terms were applied tary service, they employed slaves instead of free-
to the possession of private land. Various applica- men and they derived great profit from their rapid
;
tions of the word possessio, with reference to pri- increase, which was favoured by the immunity of
vate land, appear in the Roman law, in the bonorum the slaves from military service. In this way the
possessio ot the praetorian heres and others. But great became very rich, and slaves were numerous
all the uses of the word possessio, as applied to ager all through the country. But this system reduced
the numbers of the Italians, who were ground down
privatus, however they may differ in other respects,
;igreed in this they denoted an actual exclusive by poverty, taxes, and military service and when-
:
;
light to the enjoyment of a thing, without the strict ever they had a respite from these evils, they had
Roman (duiritarian) ownership. nothing to do, the land being occupied by the rich,
3. The word possessio, which originally signified who also employed slaves instead of freemen."
the right of the possessor, was in time used to sig- This passage, though it appears to contain much
nify the object of the right. Thus a%er signified historical truth, leaves the difficulty as to the origi-
a piece of land, viewed as an object of Gluiritarian nal mode of occupation unsettled for we can ;
ownership; posssssio, a piece of land, in which a man scarcely suppose that there were not some rules
had only a bonitarian or beneficial interest, as, for prescribed as to the occupation of this undivided
instance, Italic land not transferred by mancipatio, land more precise than such a permission or invita-
or land which from its nature could not be the sub- tion for a general scramble. It must, indeed, have
ject of Cluiritarian ownership, as provincial lands happened occasionally, particularly in the later
and the old ager publicus. Possessio accordingly times of the Republic, that public land was occupied,
implies visits ; ager implies proprietas or ownership. or squatted on (to use a North American phrase), by
This explanation of the terms ager and possessio is soldiers or other adventurers.
from a jurist of the imperial times, quoted by Sa- But, whatever was the mode in which these
vigny
1
but its value for the purpose of the present lands were occupied, the possessor, when once in
-,
inquiry is not on that account the less. The ager possession, was, as we have seen, protected by the
publicus, and all the old notions attached to it, as praetor's interdict. The patron who permitted his
already observed, hardly occur in the extant Roman client to occupy any part of his possessions as ten-
inrists but the name possessio, as applied to pri- ant at will (precarw), could eject him at pleasure
;
vate land, and the legal notions attached to it, are by the interdictum de precario ; for the client did Lot
of frequent occurrence. The form of the interdict obtain a possession by such permission of his pa-
uti possidetisas it appears in the Digest, is this tron. The patron would, of course, have the same
:
Uti eas des...possidetis...vim fieri veto. But the remedy against a trespasser. But any individual,
original form of the interdict was Uti mine possi- however humble, who had a possession, was also
:
detis eum fundum, &c. (Festus in Possessio) the protected in it against the aggression of the rich ;
;
word fundus, for which aedes was afterward substi- and it was " one of the grievances bitterly com-
tuted, appears to indicate an original connexion plained of by the Gracchi, and all the pa* s of
between tne interdict and the ager publicus. their age, that while a soldier was serving against
We know nothing of the origin of the Roman the enemy, his powerful neighbour, who coveted
public land, except that it was acquired by con- his small estate, ejected his wife and children."
quest, and when so acquired it belonged to the (Nieb.) The state could not only grant the occu-
state, that is, to the populus, as the name publicus pation or possession of its public land, but could
(populicus) imports. We
may suppose that in the sell it, and thus convert public into private land.
early periods of the Roman state, the conquered A
remarkable passage in Orosius 1 shows that pub-
lands being the property of the populus, might be lic lands, which had been given to certain religious
"njoyed by the members of that body, in any way corporations to possess, were sold in order to raise
that the body might determine. But it is not quite money for the exigencies of the state. The sc 'mx
clear how these conquered lands were originally of that land which was possessed, and the circum-
occupied. The following passage from Appian 2 stance of the possession having been a grant or
appears to give a probable account of the matter, public act, are both contained in this passage.
and one which is not inconsistent with such facts The public lands which were occupied by pos-
as are otherwise known " The Romans," he says, sessors were sometimes called, with reference to
:
" when
they conquered any part of Italy, seized a such possession, occvpatorii; and, with respect to the
portion of the lands, and either built cities in them, state, concessi. Public land which became private
or sent Roman colonists to settle in the cities which by sale was called qu&storius; that which is often
already existed. Such cities were considered as spoken of as assigned (assignatus) was marked out
garrison places. As to the land thus acquired from and divided (limitatus) among all the plebeians in
time to time, they either divided the cultivated part equal lots, and given to them in absolute ownership,
among the colonists, or sold it, or let it to farm. or it was assigned to the persons who were sent out
As to the land which had fallen out of cultivation as a colony. Whether the land so granted to the
in consequence of war, an! which, indeed, was the
colony should become Roman or not, depended on
laiger part, having no time to allot it, they gave the nature of the colony. The name ager publicus
public notice that any one who chose might in the was given to public, lands which were acquired
mean tjme cultivate this land, on payment of part even after the plebs had become one of the estates in
of the yearly produce, namely, a tenth of the prod- the Roman Constitution, though the name publicus,
ace of arable land, and a fifth of the produce of in its original sense, could no longer be strictly ap-
oliveyards and vineyards. A
rate was also fixed plicable to such public lands. It should be observ-
to be paid by those who pastured cattle on this un-
ed, that after the establishment of the plebs, the
divided land, both for the larger and smaller ani-
possession of public land was the peculiar privi-
1. (Jrolenus Pi ? .
50, tit. 16, s. 115.1?. (Bell Civ., i., 7.) 1. (Savigny, p. 176,
35
AGRARIJE LEGES. AGRARI-E LEGES.
it appears that they were sub-
legt c4 the patricians, as before the
establishment they had before ; but
of t xe Plebs itseems to have been the only way in ject to a produce of which belonged tc the
tax, the
whicJ public lands were enjoyed by the populus
: Roman people. Niebuhr seems to suppose that the
the a ,signment, tha-. is, the grant by the
state oi the Roman state might at any time resume such re-
stored lands and, no doubt, the right of resumption
own< rship of public land in fixed shares, was
the ;
In the early ages, when the was involved in the tenure by which these lands
privilege of the plebs.
it does not appear that there were held; but it may be doubted if the resumption
popi lus was the state,
was any assignment of public lands among them of such lands was ever resorted to except in extra-
tho'ighit may be assumed that public
lands would ordinary cases, and except as to conquered Lands
mode of enjoyment of which were the public lands of the conquered state.
occasionally be sold; the
of possessio, subject, as al- Private persons, who were permitted to retain their
pub.ic land was that
to the state. lands subject to the payment of a tax, were not the
ready observed, to an annual payment
It may be conjectured that this ancient possessio, possessors to whom the agrarian laws applied. In
which we cannot consider as having its origin in many cases, large tracts of land were absolutely
of the state, was a seized, their owners having perished in battle or
anything else than the consent
so long as the an- been driven away, and extensive districts, either not
good title to the use of the land
nual payments were made. At any rate, the plebs cultivated at all or very imperfectly cultivated, be-
had no claim upon such ancient possessions. But came the property of the state. Such lands as were
with the introduction of the plebs as a separate es- unoccupied could become the subject of possessio;
tate, and the constant acquisition
of new lands by and the possessor would in all cases, and in what-
conquest, would seem that the plebs had as good
it ever manner he obtained the land, be liable to a
a title to a share of the newly-conquered lands, as payment to the state, as above mentioned in the ex-
the patricians to the exclusive enjoyment of those tract from Appian. This possessio was a real in-
lands which had been acquired by conquest before terest, for it the subject of sale it was the use
was :
the plebs had become an estate. The determina- (usus~) but it was not the ager or prop-
of the land ;
tion of what part of newly-conquered lands (arable erty. The possessio strictly could not pass by the
and vineyards) should remain public, and what part testament oi the possessor, at least not by the man-
should be assigned to the plebs, which, Niebuhr cipatio.
1
not easy, therefore, to imagine any
It is
" mode by which the possession of the heres was pro-
it need scarcely be observed, was done after
says,
the completion of every conquest," ought to have tected, unless there was a legal form, such as Savig-
been an effectual way of settling all disputes be- ny has assumed to exist for the general protection
tween the patricians and plebs as to the possessions of possessiones in the public lands.
of the former for such an appropriation, if it were
;
The possessor of public land never acquired the
actually made, could have no other meaning than ownership by virtue of his possession it was not ;
that the patricians were to have as good title to pos- subject to usucapion. The ownership of the land
sess their share as the plebs to the ownership of which belonged to the state could only be ac quired
their assigned portions. The plebs, at least, could by the grant of the ownership, or by purchas e from
never fairly claim an assignment of public land, the state. The state could at any time, according
appropriated to remain such, at the time when they to strict right, sell that land which was only pos-
received the share of the conquered lands to which sessed, or assign it to another than the possessor.
they were entitled. But the fact is, that we have The possession was, in fact, with respect to the
no evidence at all as to such division between lands state, a precarium; and we may suppose that the
appropriated to remain public and lands assigned lands so held would at first receive few permanent
in ownership, as Niebuhr assumes. All that we improvements. In course of time, and particularly
know is, that the patricians possessed large tracts of when the possessors had been undisturbed for many
public land, and that the plebs from time to time years, possession would appear, in an equitable
claimed and enforced a division of part of them. point of view, to have become
equivalent to owner-
In such a condition of affairs, many difficult ques-
ship and the hardship of removing the possessors
;
the rich from purchasing any of the lands which though assigned to individuals, did not by that cir-
might be allotted to the plebeians by his agrarian cumstance alone become invested with all the
law, this part of the measure was as unjust as it characters of Roman land which was
private prop-
was impolitic. The lands which the Roman peo- erty. It had not the privilege of the jus Italicum,
and considerable tracts of Italian land were dispo- not the privileges of Italic land, unless such priv-
sed of in this manner by Augustus and his suc- ilege was expressly given to it, and, accordingly, it
cessors. Vespasian assigned lands in Samnium to paid a tax. As the notions of landed property in
his soldiers, and grants of Italian lands are men- all countries seem to suppose a complete ownership
tioned by subsequent emperors, though we may in- residing in some person, and as the provincial land-
fer that, at the close of the second century of our owner, whose lands had not the of the jus
privilege
aera, there was little public land left in the peninsu- Italicum, had not that kind of ownership which,
la. Vespasian sold part of the public lands called according to the notions of Roman law, was com-
tubseciva, a term which expressed such parts as had plete ownership, it is difficult to conceive that the
not been assigned, when the other parts of the same ultimate ownership of provincial lands (with the
itistrict had been measured and distributed. Domi- exception of those of the liberae civitates) could
tian, according to Aggenus, gave the remainder of reside anywhere else than in the pc pulus Romanus,
such lands all through Italy to the possessors. The and, after the establishment of the imperial power,
conquests beyond the limits of Italy furnished the in the populus Romanus or the Caesar. This ques-
emperors with the means of rewarding the veterans tion is, however, one of some difficulty, and well
by grants of land and in this way the institutions of deserves farther examination. It may be doubted,
;
Rome were planted on a foreign soil. But, accord- however, if Gaius means to say that there could
ing to Gaius, property in the land was not acquired be no duiritarian ownership of private land in the
by such grant the ownership was still in the state, provinces at least this would not be the case in
; ;
and the provincial landholder had only the posses- those districts to which the jus Italicum was ex-
sio. If this be true, as against the Roman people tended. The case of the Recentoric lands, which
or the Caesar, his interest in the land was one that is quoted by Niebuhr, 1 may be explained. The
might be resumed at any time, according to the land here spoken of was land in Sicily. One ob-
strict rules of law, though it is easily conceived ject of the measure of Rullus was to exact certain
that such foreign possessions would daily acquire extraordinary payments (vectigat) from the public
strength, and could not safely be dealt with as pos- lands, that is, from the possessors of them but he ;
sessions had been in Italy by the various agrarian excepted the Recentoric lands from, the operation
laws which had convulsed the Roman state. This of his measure. If this is private land, Cicero
assertion of the right of the populus Romanus and argues, the exception is unnecessary. The argu-
of the emperors might be no wrong " inflicted on ment, of course, assumes that there was or n. jht
provincial land-owners by the Roman jurispru- be private land in Sicily that is, there was or ;
dence," as Niebuhr affirms. This same writer mignt be land which would not be affected by this
" arva
also observes, that Frontinus speaks of the part of the measure of Rullus. Now the opposition
publica in the provinces, in contradistinction to the of public and private land in this passage certainly
agri privati there ;" but this he does not. This proves,
what can easily be proved without it, that
contradistinction is made by his commentator Ag- individuals in the provinces owned land as individ-
genus, who, as he himself says, only conjectures the uals did in Italv and such land might with pro- ;
meaning of Frontinus and, as we think, he has not priety be called privatus, as contrasted with that
;
a
discovered it. The tax paid by the holders of ager called publicus in the provinces in fact, it would :
o.ivatus in the provinces was the only thing which not be easy to have found anothe r name for it. But
distinguished the beneficial interest in such land from we know that ager privatus in the provinces, unless
Italic land, and might be, in legal effect, a recogni- it had received the jus Italicum, was not the same
tion of Vii<j ownership according to Roman law. thing as ager privatus in Italy, though both were
And this was Savigny's earlier opinion with respect private property. Such a passage, then, leads to
to the tax paid by provincial lands he considered no necessary conclusion that the ultimate owner-
;
such tax due to the Roman people, as the sovereign ship or dominion of this private land was not in the
or ultimate owner of the lands. His later opinion, Roman people. It may be as well here to remarlt
83 expressed in the Zeilsckrift fur Geschichllichc farther, that any conclusions as to Roman law, de-
3
Re^Mswxsenschaft, is, that under the Caesars a uni- rived solely from the orations of Cicero, are to b
form system of direct taxation was established in received with caution first, because on several ;
the provinces, to which all provincial land was occasions (in the Pro Ceecina for instance) he states
lubject but land in Italy was free from this tax, that to be law which was not, for the purpose of
;
expression but we
find the phrase agrwm fruendum
; signify the vault of the heavens was due to the fact
locare also used in the same sense, an expression hat the directions were always ascertained accord-
which might appear somewhat ambiguous and ; ng to the true cardinal points. At the inauguration
even agrwm. locare, which might mean the leasing of a king 1 or consul, 2 the augur looked towards the
of the public lands, and not of the tenths due from :ast, and the person to be inaugurated towards the
the possessors of them. It is, however, made clear iouth. Now, in a case like this, the person to be
by Niebuhr, that in some instances, at least, the naugurated was considered the chief, and the di-
phrase agrum locare does mean the leasing "ection in which he looked was the main direction.
of the
tenths whether this was always the meaning of
;
Thus we find that in the case of land-surveying the
3
the phrase, it is not possible to affirm. augur looked to the south for the gods were sup-
:
Thoughthe term ager vectigalis originally ex- josed to be in the north, and the augur was con-
tithe was sidered as looking in the same manner in which
pressed the public land, of which the
leased, it afterward came to signify lands which :he gods looked upon the earth.* Hence the main
were leased by the state or by different corpora- ine in land-surveying was drawn from north to
tions. This latter description would comprehend south, and was called cardo, as corresponding tc
even the ager publicus but this kind of public
; the axis of the world the line which cut it was
;
paid the vectigal. This is the ager vectigalis of required. The limits of these divisions were indi-
the Digest, on the model of which was formed the cated by balks, called limites, which were left as
1
emphy teusis, or ager emphyteuticarius. ( Via. EM- high roads, the ground for them being deducted
PHYTEUSIS.) The rights of the lessee of the ager from the land to be divided. As every sixth was
vectigalis were different from those of a possessor wider than the others, the square bordering upon
of the old ager publicus, though the ager vectigalis this would lose pro tanto. The opposition of via
was derived from, and was only a new form of, the and limes in this rectangular division of property
ager publicus. Though he had only a jus in re, and has not been sufficiently attended to by scholars.
though he is distinguished from the owner (do/minus), It appears that, if the line from north to south was
yet he was considered as having the possession of called limes, that from east to west would be named
the land. He had, also, a right of action against via, and vice versa. Virgil was, as is well known,
the town, if he was ejected from his land, provided
8
very accurate in his use of words, and we may en-
he had always paid his vectigal. tirely depend on inferences drawn from his lan-
AGRAU'LIA (aypavMa) was a festival celebra- guage. First, he uses limes in its stricter sense as
ted by the Athenians in honour of Agraulos, the a term of
land-surveying :
daughter of Cecrops. We
possess no particulars " Ante Jovem nulli
subigebant ana coloni,
respecting the time or mode of its celebration but Nee signare quidem, aut pai~tiri limite campum
;
it was,
perhaps, connected with the solemn oath, Fas erat."'
which all when
they arrived at man-
Athenians,
hood (1^77601), where obliged to take in the temple Again, in speaking of planting vines in regular
of Agraulos, that they would fight for their coun- rows, he says :
" Omnis in
try, and always observe its laws.* unguem
Arboribus positis secto via limite quadret ;"*
Agraulos was also honoured with a festival in
" let
Cyprus, in the month Aphrodisius, at which human i. e., every via be exactly perpendicular to the
victims were offered.* limes which it cuts." He says quadret, for the term
AG'RETAI (tiypETaO, the name of nine maidens, via might be used in speaking of a line which cut
who were chosen every year, in the Island of Cos, another obliquely, as it is used in the description
as priestesses of Athena
(Minerva). of the ecliptic, in Virgil :
land was not divided, it was called arcifinius, or achus the polemarch, or, according to others, Mil-
arcifinalis; the ager publicus belonged
to this class. tiades, made a vow to sacrifice to Artemis Agiote-
The reader will find two very valuable articles ra as many goats as there should be enemies slain
on the Limitatio and the Agrimensores in the Appen- at Marathon. But when the number of enemies
dices to Niebuhr's Roman Ifislory, vol. ii. slain was so great that an equal number of goats
*AGRIMO'NIA, the herb Agrimony, called also could not be found at once, the Athenians decreed
Eupatorium (Evxaruoiov), from its having been dis- that 500 should be sacrificed every year. This is
covered by Mithradates Eupator.* the statement made by Xenophon but other ancient ;
AGIUO'NIA (d-ypiuvia), a festival which was authors give different versions. ^Elian, whose ac-
3
celebrated at Orchomenus, in Boeotia, in honour of count, however, seems least probable, states the time
Dionysus, surnamed 'A.ypiuvt.og. It appears from of the festival to have been the sixth of Thargelion,
Plutarch* that this festival was solemnized only by and the number of goats yearly sacrificed 300. The
women and priests of Dionysus. It consisted of a scholiast on Aristophanes* relates that the Athenians,
kind of game, in which the women for a long time before the battle, promised to sacrifice to Artemis
acted as if seeking Dionysus, and at last called out one ox for every enemy slain but when the num- ;
But, as the priest who had killed the called fiTjrpa-yvpTai.. They were, generally speaking,
6
Plutarch.
woman was afterward attacked by disease, and persons of the lowest and most abandoned character.
several extraordinary accidents occurred to the They undertook to inflict some grievous bodily in-
Minyans, the priest and his family, were deprived jury on the enemy of any individual who paid them
of their officia. power. The festival is said to have for such services, and also promised, for a small
been derived from the daughters of Minyas, who, sum of money, to obtain forgiveness from the gods
after having for a long time resisted the Bacchana- whom they served for any sins which either the in-
lian fury, were at length seized by an invincible dividual himself or his ancestors had committed.'
desire of eating human flesh. They therefore cast Thus (Edipus calls Tiresias,
lots on their own children, and as Hippasus, son
Mdyov
of Leucippe, became the destined victim, they do/luv
killed and ate him, whence the women belonging to
that race were at the time of Plutarch still called
These mendicant priests came into Italy, but at
the destroyers (bfalai or aiohaiac), and the men what time is uncertain, together with the worship
of the gods whom they served. 10
mourners (i/o^oftf). 7
AGRIOPHYLL'ON (uypio<j>vMov), a plant, the The name of uyvpTat was also applied to those
same with the Peucedanum(UVKKdavov), our " Hogs- individuals who pretended to tell people's fortune.?
fennel," or
" 8 by means of lots. This was done in various ways.
Sulphur-wort." The lots frequently consisted of single verses taken
AGRON'OMI (u-ypovo/wi) are described by Aris- from well-known poems, which were thrown into an
totle as the country police, whose duties correspond-
whence they were drawn either by the persons
ed in most respects to those of the astynomi in the urn,
who wished to learn their fortunes or
They appear to have performed nearly the was also usual to write the verses on a by boys.
9 It
city. 11
tablet, and
same duties as the hylori (vhupoi). Aristotle does
those who consulted them found out the verses
not inform us in what state they existed but, from
which foretold their destinies by throwing dice.
;
eor., iii., 82.) 0. (Polit., vi., 5.) 10. (Plato, Legg., vi., 9. (Soph., (Ed. Tyr., 387.) 10. (Cic., de Legg., ii., 16. Heindorffi;
Timaei Lexicon, and Ilul.nken's note, in which ssveral passages inllor., Serm.,1., ii.,2.) 11. (<iyvpr<icdsim'i;, or ayvpnuri aavlg.)
are quoted fron Plato 11 if 12. (Miiller, ^Esjinetica, p. 140.) 13. (Vid. Hesych., s. v.)
; (Dioscor., 30,32. Theophrast.,
H. P., i., 6. sevU 14. (Dioscnr., i., 109. Theophrist.. H P.. i.. 8: ii., 3. Ac.>
AIKIAS DIKE. AIMATITES.
AIGITH'ALOS (atytflaAof), a species of bird ceived, and the judges dete rmined on the justice ol
of the claim. 1
Aristotle applies this term to the genus Parus.
which he describes the following species 1. The : AIKLON (ui/cAov, <uAov, or UIKVOV, alicvov),* ia
the Great said by Polemo* to be a Doric word its derivatives
B7K#n?f, which is the Parus major, L.,
;
grows in fields of barley. Dodonaeus, Sibthorp, bring, and consisted chiefly of pork and black broth,
Stackhouse, and Sprengel agree in referring it to or blood-broth (jiihtx; fw//6f, aifuiTia),
with the addi-
the jEg-ilops mala. Theophrastus farther applies tion of cheese andsometimes, but rarely, they
figs;
the name to a species of Oak, which Stackhouse received contributions of fish, hares, and poultry.
makes to be the Quercus JEgilops* The EwuiK^ov, or dessert, which varied the plain-
AIG'IPYROS (atyiVupoc),
Spren-
Buckwheat. ness of the meal, consisted of voluntary gifts to the
gel mentions that the learned Anguillara
believed table. The richer citizens sent maize bread, fowls,
it to be the Ononis Antiquorum, or Rest-harrow he ;
hares, lambs, and other dishes, cooked in a superior
" Rei
himself, however, in the second edition of his manner, a part of a sacrifice, or the fruits of the
Herbaria Histmia" inclines tc a species of Eryn- season, while others contributed the proceeds of the
3
gium All this, however, is merely conjectural. chase. It was the custom, when one of these pres-
*AIGOTHE'LAS (aiyofl/ftaf), the Goat-sucker, a ents was helped round, to name the person who
bird of the genus Caprimulgus. It applies more es- sent it.' Sometimes they procured a good dessert
pecially to the species called Fern-owl in England, by imposing penalties on each other, or by giving
to which Professor Rennie gives the scientific name the place of honour at the table to him who con-
of Nyctichelidon Europteus.* tributed the best dish. 7 The contributions were
*AIGY'PIOS (twyvTiof). Julian describes it as eaten as they were sent or, if their flavour was not
;
being a bird intermediate between the Eagle and the approved, they were made up afresh into a savoury
Vulture. 6 Gesner decides that it is the same as the mess called a fiaTTvr). Boys were allowed an E-UIK-
yvTraierof and the Vullur nigcr of Pliny and Schnei- ; Aov consisting of barley meal kneaded with oil,
8
der suggests that it probably was the Vultur pcrcnop- and baked in laurel leaves.
tcrus, or Alpine eagle. (Vid. GYPS.)* AiriNH'TON EOPTH (Alvivriruv ioprfi\ a fes-
*AIGO'LIOS (atyw/Uof), a bird of the rapacious tival of the^Eginetans in honour of Poseidon, which
7
tribe, briefly noticed by Aristotle. It is rendered lasted sixteen days, during which time every family
Ulula by Gaza, but cannot be satisfactorily deter- took its meals quietly and alone, no slave being al-
mined. (Vid,. GLAUX .)* lowed to wait, and no stranger invited to partake of
AIKIAS AIKH (aiKiaq SIKTI), an action brought them. From the circumstance of each family being
at Athens before the court of the Forty (oi rcrrapu- closely confined to itself, those who solemnized this
Kovra), against any individual who had struck a festival were called [tovotyuyoi. Plutarch* traces its
citizen of the state. Any citizen who had been thus origin to the Trojan war, and says that, as many of
insulted might proceed in two ways against the the ^Eginetans had lost their lives, partly in the siege
offending party, either by the alulae diKrj, which was of Troy and partly on their return home, those who
a private action, or by the vfipeus ~ypa^, which was reached their native island were received indeed with
looked upon in the light of a public prosecution, joy by their kinsmen ; but, in order to avoid hurting
since the state was considered to be wronged in an the feelings of those families who had to lament the
i
jjury done to any citizen. It appears to have been loss of their friends, they thought it proper neither
a principle of the Athenian law, to give an individual to show their joy nor to offer any sacrifices in pub-
who had been injured more than one mode of ob- lic. Every family, therefore, entertained privately
taining redress.
9
their friends who had returned, and acted themselves
It was necessary to
prove two facts in bringing as attendants, though not without rejoicings.
the a'tKiaf 6tKi] before the Forty. First, That the *AITHUI'A (alffvia), the Mergus of the Latins,
defendant had struck the plaintiff with the intention the modern Cormorant. As there are several spe-
of insulting him (e6' Mpei), which, however, was cies of this genus, it is difficult to say, in general, to
always presumed to have been the intention, unless which of them the ancient name is most applicable.
the defendant could prove that he only struck the The Pelicanus cm-bo is a common species. 10
in joke. Thus Ariston, after proving that *AIX (al). I. (Vid. TRAGOS.) II. The name
e had been struck
Elaintiff Conon, tells the that
judgesby of a bird briefly noticed by Aristotle." Belon con-
Conon will attempt to show that he had only struck jectures that it was the Lapwing, namely, the Va-
him in play. 10 Secondly, It was necessary to prove nellus Cristatits. 1 *
that the defendant struck the plaintiff first, and did *AILOU'ROS (a'Aovpof), the Felis Catus, ft Wild
not merely return the blows which had been given Cat. Some apply the name KUTTTJC to the Domestic
the 13
by '
plaintiff (upjetv ^etpuv uSlnuv, or merely Cat. (Vid. FELIS.)
* AIMATI'THS
(aluarlTTif), the well-known stone
In this action, the sum of money to be
paid by called Bloodstone. (Vid. HJF.MATITI s.)
the defendant as damages was not fixed
by the
Jaws; but the plaintiff assessed the amount ac- 1. (Pemosth., adv. Conon. Isocrates, adv. Lochil. Meier, A it
the which he Process, p. 547. Bockh, Public Ecnn. of Athens, vol. ii., p. 101,
cording to injury thought he had re-
transl.) 2. (Etistath. in II., xviii., 245.) 3. (Athenseus, p. 110,
c.) 4. (Athenaeus, p. 140, c. See also Epicharmus and Alcman
1. (Ar rtot, II. A., ix., 16 Adams, Append., s. v.) 2. (Dios- in Athenaius, p. 139, b, and p. 140, c.) 5. (Polemo in Athen.,
or., iv ,
137. Theophrast., H. P., iv., 16. Adams, Append., p. 140, c.) 6. (Polemo in Athen., p. 139, c.) 7. (Aihen., p. 140,
. v.)- J. (Theocnt., Id., iv., 25. Theophrast., H. P., h., 8. /.) 8. (Miiller, Dorians, iii., x., 7; iv., iii., 3. Wachsmtith,
Adams Append., s. v.) 4. f^Elian.
iii., 39.) N. A.,
5. (N. A., Hellen. AUerthum., II., ii., p. 24.) 9. (Qtiaest. (Jrao., 44 )
u., 46.)- -fi. (/.dams, Append., 7. (H. A., vi., 6.)
s. v.) 8. 10. (Aristot., H. A., v., 8. ^Elian, N. A., iv., 5.) 11. (H. A.
>-
(Ad-airs. -end.,
f v.) 9.
(Demosth., adv. Androt., c. 8, p.
s.
viii.,3.) 12. (Adams, Append., s. v.) 13. (Aristot., H. A.., ,
Wl -}' (Demosth., adv. Conon., c. 5, p. 1261.) 11. (Demosth.,
.
2. Suid., s. v. icaTr>K ot oiKoycvfjs. Toup in Suid., 1 c A
idv f-erg., c 3, p. J141; c 11. D. 1151.) s. v.
ams, Append., aiXovoot.)
40
AIORA. ALABASTER.
* AIMOPPOYS (cu/iofipovf), or
(-oi'f, Theodorus of Colophon, which persons used to
-of), a spe sing
eies of Serpent. The celebrated Paul Hermann while swinging themselves (iv raif alupaif). It ia
told Dr. Mead that he had found in Africa a ser therefore probable that the Athenian
maidens, in
pent, the poison of which was immediately follow remembrance of Erigone and the other Athenian
ed by haemorrhages from all the pores of the body women who hart
hung themselves, swung them-
and which he concluded to be the same as the selves during this festival, at the same time
Haemorrhus of antiquity. It should also be re the above-mentioned song of Theodoras. 1 singing
marked, that the effects produced by the poison of ALABAS'TER, the name usually given by art-
the Coluber urens of India are said to be very simi- ists and
antiquaries to that variety of marble which
lar to those of the HsBmorrhus as described by the
1
mineralogists call gypsum. Alabaster is sometimes
aniients. described as of two kinds but this is an
error, as ;
*AIRA (alpa), a plant, the same with the Lolium one of the substances so called is a carbonate of
terr.identitm, L., or Darnel. It may be
confidently lime, and therefore not alabaster in the common
"
pronounced to be the infelix lolium" of Virgil and acceptation of the term while the other, the real ; ;
totle, partook in some degree of the nature both of Though much softer than other marbles, and on
kingly and tyrannical authority, since he was ap- that account ill adapted for sculpture on a large
pointed legally, and did not usurp the government, scale, it is capable of being worked to a very fine
but, at the same time, was not bound by any laws surface, and of receiving a polish.
in his public administration. 3 Hence Theophras- Alabaster has been supposed to derive its name
tus* calls the office rvpavvlf alperTJ. It was not originally from Alabastron. a town of Egypt, where
hereditary, nor was it held for life but it only con- there was a manufactory of vessels made of a stone
;
tinued for a certain time, or till some object was which was found in the neighbouring mountains.
3
accomplished. Thus we read that the inhabitants Pliny speaks of alabastritcs, using that term for the
of Mytilene appointed Pittacus aiavnvriTris, in order various kinds of this marble, as well as
onyx, prob-
to prevent the return of Alcseus and the other ex- ably from the texture being somewhat different from
5
iles. Dionysius compares it with the that of the Greek, Sicilian, and Italian
dictatorship marb.es,
at Rome. In some states, such as Cyme and Chat- which he was more accustomed to see, and which
eedon. it t?as the title borne by the regular magis- were commonly used by sculptors, and from which
trates. 1 he thus desired to distinguish it. He observes that
AIO'RA, or EO'RA (alupa, iupa), a (estiva! at Ath- it was chiefly procured in his time from Alabas-
ens, accompanied by sacrifices and banquets, whence n and Damascus.*
it is sometimes culled evScmvo^. The common ac- Alabaster, both in its form of carbonate of lime
coun* of its origin is as follows: Icarius was killed and gypsum (for, from the confusion that exists in
by shepherds to whom he had given wine, and who, the description of some monuments of antiquity, it
being unacquainted with the effects of this bever- becomes necessary to advert to
both varieties under
age, fancied, in their intoxication, that he had given that
denomination), was employed very extensively
them poison. Erigone, his daughter, guided by a by the ancients. It was much used by the Egyp-
faithful dog, discovered the tians for different sorts of vases, rilievi,
corpse of her father, ornaments,
whom she had sought a long time in vain; and, covers of sarcophagi, canopies, and sculpture in
praying to the gods that all Athenian maidens general but, from the absence of any remains of
;
might perish in the same manner, hung herself. sculpture in that material, it may be assumed that
After this occurrence, many Athenian women ac- alabaster (gypsum) was little, if ever, used
by the
artists of ancient Greece and
tually hung themselves, apparently without any Italy for statues, ri-
motive whatever; and when the oracle was con- levi, or busts. Vessels or pots used for containing
sulted respecting it, the answer was, that Icarius jerfumes, or, rather, ointments, were often ca.led
and Erigone must be propitiated by a festival. 7 }y the ancients alabastra or alabastri. It appears,
According to the Etymologicum Magnum, the festi- from the account of Pliny, that these pots were
val was celebrated in honour of Erigone,
daughter usually made of the onyx alabaster, which was
of JEgisthus and Clytemnestra, who came to Ath- considered to be better adapted than any other
ens to bring the charge of matricide stone for the preservation of perfumes.* Martial
against Orestes
before the Areopagus; and, when he was says cosmis redolent alabastra* and Horace appears
acquitted,
hung herself, with the same wish as the daughter o allude to the same vessels in his invitation to
7
of Icarius, and with the same
consequences. Ac- Virgil. The term seems to have been employed
cording to Hesychius, the festival was celebrated o denote vessels appropriated to these uses, even
in commemoration of the
tyrant Temaleus, but no
when they were not made of the material from
reason is assigned. Eustathius 8 calls the maiden which it is supposed they originally received their
who hung herself Acora. But, as the festival is name. Theocritus thus speaks of golden alabastra
also called 'AA^r/f (apparently from the wander- Xpvaei' a%u6aarpa*). These vessels were of a ta-
Ings of Erigone, the daughter of Icarius), the legend )ering shape, and very often had a long narrow
which was first mentioned seems to be the most en- neck, which was sealed; so that when Mary, the
titled to belief. Pollux 9 mentions a song made by sister of Lazarus, is said by St. Mark 9 to break the
alabaster-box of ointment for the purpose of anoint-
1. (Nicand., Ther ,
282.- Adams, Append., s. v.) 2. (Theo- ng our Saviour, it appears probab'-e that she onty
phrast., H. P., i., 5 Diosu)r., ii., 122. Matth., xiii., 25. Ad- sroke the extremity of the neck, .vhich was thus
ams, Append., s. v.) 3. (Polit., iv., S, t) 2.) 4. (Apud
Dionys.
Ilalic., v., 73.) 5. (Theophrast. ap. Dionys. Halic.,
v,, 73.) 6. 1. (Vil. etiam Athen., xiv., p. 618.) 2. (TI. N., txrri., 1J
(Wachsmuth, Hollen. > .terthnm., I., i., p. 200. Hermann, Pol. :xxvii., 54.) 3. (H. N., xxxvi., 12.)--! (H. W, Tvii.. M.
Antiq. of Greece, I) 63. ) 7. (Hysrin , Poet. Astron., ii., 4.)~-8. 5. (H. N., xiii., 3; xxxvi., 12.) 6. (XL. viii.. 9.)~7. (Can*
(in II., iii , p 339. 9 'iv., 7, $ 55.) T., xii., 7.) 8. (IdyL.xv., 114.) 9. (xiv., 3.)
41
ALCE. ALEA.
ALA'RII were the of the allies in the UCE cornibus" (which might arise from the accounts
Ro-
troops
)f those who had seen tbe animal at the period,
man army, and were so called because they were
3
asually stationed in the wings (Ales ).
The alarii when the horns had exfoliated), the general de-
consisted both of horse and foot soldiers, and were cription and the localities given by both are al-
commanded by praefee'i, in the same3 manner as the nost conclusive as to the animal meant to be des-
were commanded by tribuni. The nated. The " labrum superius preegrandc," " huge
legions cavalry
of the allies was called equites alarii, to distinguish ipper lip," of Pliny is very expressive, and the ex-
them from the cavalry of the legions (equites legio- raordinary development of this part might well re-
narii*); and the infantry
was called cokortes alarice,* all to a casual observer the general traits of the
to distinguish them from the cohortes kgionaria. lead of a camel. Whether it was the imrehafyos
*ALAII'DA (itopvdof, KopvAahoc,, and Kopvduv), hippelaphus) of Aristotle, is a question which will
the Lark. Aristotle describes two species of this admit of much discussion. (Vid. HIPPELAPHUS.)-
the Alauda cris- The movements of the Elk are rather heavy, and,
bird, the one of which is evidently
tata, L., or Crested Lark the other the
; Alauda cam- he shoulders being higher than the croup, it can
pestris,
or Field Lark. The former is the Galerita never gallop, but shuffles or ambles along, its
of Pliny, and is clearly the species alluded to by oints cracking at every step, with a sound heard tc
Aristophanes in his Aves.
6
ome distance. Increasing its speed, the hind fee'
ALBUM is defined to be a tablet of any material traddle to avoid treading on its fore heels, and i\
on which the praetor's edicts, and the rules relating osses the head and shoulders like a horse about to
to actions and interdicts, were written. The tablet )reak from a trot to a gallop. It does not leap, but
.
was put up in a public place, in order that all the iteps without effort over a fallen tree, a gate, or a
world might have notice of its contents. Accord- iplit fence. During its progress, it holds the nose
ing to some authorities, the album was so called, ap, so as to lay the horns horizontally back. This
because it was either a white material or a mate- attitude prevents its seeing the ground distinctly;
rial whitened, and, of course, the writing would be and, as the weight is carried very high upon the ele-
a different colour. According to other authorities, ated legs, it is said sometimes to trip by tread-
it was so called because the writing was in white ng on its fore heels, or otherwise, and occasionally
letters. If any person wilfully altered or erased fall. :o
give itself a heavy
It is probably owing to
(corrupif) anything in the album, he was liable to occurrence that the Elk was believed by the
:his
an action albi corrupti, and to a heavy penalty. 7 ancients to have frequent attacks of epilepsy, and
Probably the word album originally meant any to be obliged to smell its hoof before it could recov-
tablet containing any thing of a public nature. Thus, r hence the Teutonic name of Elcnd (" misera-
;
Cicero informs us "that the Annales Maximi were ble"), and the reputation especially of the fore hoofe
8
written on the album by the pontifex maximus. as a specific against the disease."
But, however this may be, it was, in course of time, *AL'CEA (d/U&z or dA/ce/a), most probably the
used to signify a list of any public body thus we ; Malva alcea, or Vervain Mallow.*
find the expression album senatorium, used by Taci- *ALCE'DO. (Vid. HALCYON.)
9
tus, to express the list of senators, and correspond- *ALCIBIAD'IUM ('A&n&afap), a species of
10
ing to the word leucoma used by Dion Cassius. Anchusa. (Vid. ANCHUSA.)
The phrase album decurionum signifies the list of (Vid. HALCYON.) 'ALCY'ONE.
decuriones who^e names were entered on the al- gaming, or playing at a game of chance
ALEA,
bum of a municipium, in the order prescribed by Hence aleo, alcator, a gamester, a
of any kind.
the lex municipals, so far as the provisions of the srambler. Playing with tali, or tessera;, was general-
lex extended. 11
ly understood, because this was by far the most com-
ALBUS GALE'RUS, or ALBOGALE'RUS, a mon game of chance among the Romans.
white cap worn by the flamen dialis at Rome. 18 Ac-
Gaming was forbidden by the Roman laws, both
cording to Festus (s. v.\ it was made of the skin during the times of the Republic and under the em-
of a white victim sacrificed to Jupiter, and had an 6
Hence Horace, alluding to the progress
perors.
olive twig inserted in the top. Its supposed form, of effeminate and licentious
as derived from coins, and from a bas-relief on a
manners, says that
of rank, instead of riding and hunting, now
Roman temple, is that of a cap fitted closely to the boys
showed their skill in playing with the hoop, or even
13
head, and tied under the chin. (Vid. APEX.) at games of chance, although they were illegal
ALCATHOTA (u^KadoIa) is the name of game (vetita legibus alea*). Gaming was also condemned
celebrated at Megara, in commemoration of the " In Ms
by public opinion. gregibus" says Cicero,
hero Alcathous, son of Pelops, who had killed a " omnes omnes
aleatores, aduUeri, mines impuri im-
lion which had destroyed son of King pudicique versantur." 1
1*
Euippus, To detect and punish ex-
Megareus. cesses of this to the office of
AL'CE or ALCES 18 (in Greek 'AA/r??), the name the aediles. 8 description belonged
of an animal described by Caesar and other ancient Games of chance were, however, tolerated in the
writers, and the same with the modern Elk or Moose month of December at the
Saturnalia, whic h w as
Deer. "It was the opinion of Buffon, that the Euro- a 9
period of general relaxation; and among the
1. Greeks, as well as the Romans, old men were al-
(Paus., 2. 47, I) 3.)
viii., (Liv., x., 43; xxxi., 21. Caes
Bell. Gall., i., 51. Cincius, ap. Cell., xvi., 4.) 3. (Caes., Bell
lowed toamuse themselves in this manner. 10
Gall , i., 39. Suet., Octav., 38. Plin., Ep.,x., 19.) 4. (I iv The following line of Publius Syrt-s shows that
rar., 5 ; xl.. 40.) 5. (Caes., Bell.
Civ., i., 73, 83 ; ii., 18.)
8. (Aristot., H. A., ix., 19. 7. (Dig. 2 tit
Aristoph., Av.,472.)
J, a. 79 ) 8. (De Orat., ii., 12.) 9.
(Ann., iv., 42.) 10. (Iv 1. (is., 21.) 2. (Bell. Gall., vi., 26.) 3. (H. N., viii., 15.) -
3.) 11. (Dig. 50, tit. 3.) 12. (Varro, ap.
Cell., x., 16.) IS 4. (Dioscor., iii., 154.) 5. (Cic., Philip., ii., 23. Cod. 3, tit. 43.)
(Causaei, Mus. Rom. Si^onius, <le Norn. Rom., 5. Hope, Cos 6. (Carm. iii., 24.) 7. (in Cat., ii., 10.) 8. (Martial, xiv., 1.1
tumes, ii., 266.) 14. (Pinu., Isthw., viii., 148. Paus., i., 42 9. (Martial, iv., 14. 10 Med
I ) 15 (Salinas, ad Soliu., 20.) Gellius, xviii., 13.) (Eurip.,
*7. Cic., Senect., 16. Juv., xiv., 4.)
42
ALICA. ALIMENTARII PUER1.
prolessed ^dmestcr, made a regular study of their The different qualities of alica
into smaller pieces.
art: made by each
of these processes were called re-
spectively grandissima or apharcma (utyaipefjia), se-
Akator, quanic i;i arts est melior, tanto nequio\"
cundaria, and minima. In order to make the alica
Ovid alludes to those who wrote treatises on the white and
tender, it was mixed with cha.'k from the
nbject: hills between Naples and Puteoli. 1 It was used as
" Sunt aliis alea artes."
1
a medicine, for which purpose it was either soaked
scriptce, quibus luditur,
These were the Hoyles of ancient times, among in water mixed with honey (mead, aqua mulsa). or
whom we find no less a personage than the Emperor boiled down into a broth, or into porridge. Pliny
" Aleam studiosissime a full account of the mode of preparing and
Claudius himself: lusit, cie cu- gives
tus arte librum quoque emisit."
3
The Emperors Au- administering it, and of the diseases in which it was
3 2
gustus and Domitian were also fond of gaming. employed.
Alea sometimes 'denotes the implement used in A
spurious kind of alica was made from the infe-
"
playing, as in the phrase jacta alea est, the die is rior spelt (zea) of Africa, the ears of which were
broader and blacker, and the straw shorter, than in
cast," uttered by Julius Caesar immediately before
he crossed the Rubicon;* and it is often used for the Italian plant. Pliny mentions also another spu-
5 rious kind of alica, which was made from wheat. 1
chance, or uncertainty in general.
*ALEKTOR (uteKTop), the Cock. (Vid. GAL- Another sort of alica was made from the juice of
the plantain.*
ALEKTRUOMANTEI'A ufanTpvofiavTsia ), a
( AI/1MA, or AA'IMOS TPO$H (aAt/zo, or ufapot
"
mode of divination practised by the Greeks. The let- rpo^), (from a, negative, and /U/zof, hunger"), a
ters of the alphabet were written in a circle ; a grain refreshment used by Epimenides, Pythagoras, and
of wheat or barley was laid upon each letter; and a other philosophers. Plato states, in his Dialogue on
cock, consecrated or provided for the occasion, was Laws, that the uht/ta of Epimenides was composed
placed within the circle. The required information of mallows and asphodel. Suidas explains it as a
was obtained by putting together those letters off plant which grew near the sea (probably the sea-
which the cock picked the grains of com. To ob- leek),which was the chief ingredient in the 0ap//a-
tain a fuller answer, they laid grains of corn upon KOV "Em/tevidiov, and was thought to promote long
the letters a second time, and repeated the process. life. Hesychius interprets cr^oJeAof by u'Mfio^.
AAEKTPYO'NUN AFS2N, or AAEKTPYONO- Pliny states that some said that alimon was called
MAX'IA (u%EKTpvovuv ayuv, or ufaKTpvovouax'ia), a asphodelos by Hesiod, which he thinks an error ;
public cockfight, which was held every year in one but that the name alimon was applied by some to a
of the theatres of Athens. Cockfights, in general, dense white shrub, without thorns, the leaves of
were exceedingly common among the Greeks and which resembled those of the olive, but were Hofter.
Romans but the origin of this one in particular,
;
and were used for food and by others to a potherb
;
which was sanctioned by the laws of the state, is which grew by the sea, "whence," says Pliny, "its
not known for the account of its origin given by name," confounding aiufwc, from a and hi/tof, with
;
6
./Elian* is too absurd and improbable to deserve u/U/^of from a/If. The name appears generally to
credit. He says that, when Themistocles marched signify a medicinal preparation of equal weights of
with his Athenians against the Persians, he saw several herbs, pounded and made into a paste with
two cocks fighting against each other, and took the honey. A similar preparation for quenching thirst
opportunity of addressing his soldiers, and remind- (u(5n/of rpo07/) was used by Pythagoras.
ing them that these cocks were neither fighting for ALIMENTA'RII PUERI ET PUELL^E. In
their country nor for the gods, but only for victory, the Roman
republic, the poorer citizens were assist-
&c. This speech is said to have greatly animated ed by public distributions of corn, oil, and money,
the courage of the Athenians ; and, after the war, which were called congiaria. These distributions
they commemorated the event which had proved were not made at stated periods, nor to any but
so useful to ihem by the annual festival in the the-
grown-up inhabitants of Rome. The Emperor Ner-
atre. va was the first who extended them to children, and
ALEIPTE'RION. (Vid. ALIPTJE.) Trajan appointed them to be made every month,
*AL'GA, a general name given by the Latin both to orphans and to the children of poor parents.
writers to all aquatic plants, which, living in the These children were called pucri elpuella alimentarii,
waters, are accustomed to be thrown up on the banks and also (from the emperor) pueri pudlaque Ulpiani;
of rivers or the shores of the sea. Such, in the case and the officers who administered the institution
of fresh water, are the Confervas, the Potamogetons, were called quccstorcs pecunite alimcnlaritz, qu&xtores
the NaVades, &c. ; and in that of the salt water, the alimentorum, procurators alimcntorum, or prafectt
debris of marine plants, and especially the Fucus. 1 alimentorum.
The term fJpvov is applied to the sea-algae by Theo- The fragments of an interesting record of an in-
8
phrastus. stitution of this kind by Trajan have been found ai
AI/ICA (a/Uf, ^ovdpof), I. A
kind of grain re- Velleia, near Placentia, from which we learn the
sembling spelt, which was also called zea. g II. A sums which were thus distributed. The money
broth, soup, or porridge made out of this grain, and was raised in this case by lending out a sum on
very highly esteemed by the Romans. Pliny states interest at five per cent., from the treasury of the
that it was a Roman invention, and that, in his opin- town, on the security of lands and houses simi- A
ion, it was not in use till after the time of Pompey lar institution was founded by the younger Pliny at
the Great/-* The Greeks had a somewhat similar Comum.' Trajan's benevolent plans were carried
preparation, which they called -KTIGU.VTI. Alica wason upon a larger scale by Hadrian and the An to-
procured from the neighbourhood of Verona and
nines. Under Commouus and Pertinax the distri-
Pisa, and other parts of Italy, and from Egypt. The bution ceased. In the reign of Alexander Severas,
best came from Campania; that from Egypt was we again meet with alimentarii pueri and puellae,
very inferior. It was prepared by first bruising the who were called Mamm&ani, in honour of the em-
grain in a wooden mortar to separate the husks, and peror's mother. We learn, from a decree of Ha-
then pounding it a second and third time to break it drian, 7 that boys enjoyed the benefits of this insti-
tution up to their eighteenth, and girls up to their
1 (Trist., ii., 471.) 2. (Suet., Claud.. 33.) 3. (Suet., Aug.,
TO, 71. Dom., 21.) 4. (Suet., Jul., 32.) 5. (Hor., Carm. ii., 1. (P1L-., H. N., xviii., 11, 29.) 2. (H. N. xxii , 24, 51-
i ,. Varro, de He R"st., i., 18. Colum., i., Prsef. Cic., Div., 25, 61, 66 ; xxvi., 7, 18 ; xxviii., 17, 67.) 3. (Ji. N., xviii., 11,
ii., 15.)--6. (V. II., ii., 28.17. (F6e, Flore de Virile, p. xii.) 29.)!. (Plin., H. N., xxvi., 8, 28.) 5 (Plin., H. N., xxii., 22.
33.) 6. (Plin., Epist.,vii., 18; i., 8; and the inscription il
If., 'xxii'., 25, 61.) Orelli, 1172.) 7. (Ulp., in Dig. 34, tit. 1, s. 14.)
43
AL.LIUM. ALOE.
chief object of this anointing was to close the pores great favourite also with the Roman soldiei s and sail-
2
of the body, in order to prevent much perspiration, ors. The inhabitants of the southern countries of
and the weakress consequent thereon. To effect Europe, who often experience the need of e^citLjg
this obj _>ct, the oil was not simply spread over the the digestive powers of the stomach, hold garlic in
surface' of the body, but also well rubbed into the much higher estimation, on this account, thaa those
skin. 3 The oil was mixed with line African sand, of more northern regions. Theophrastus makes the
several jars full of which were found in the baths Allium cyprium the largest in size of the several
of Titus, and one of these is now in the British species of this plant. 3
Museum. This preparatory anointing was called rj ALLU'VIO. " That," says Gaius,* " appears to
KapaaKevaariKT) rpi'ipif. The athleta was again be added to our land by alluvio, which a river adds
anointed after the contest, in order to restore the to our land (ager) so gradually that we cannot esti-
tone of the strained muscles this anointing was mate how much is added in each moment of time ;
:
called % uTrodepatTEiu. He then bathed, and had or, as it is commonly expressed, it is that which is
the dust, sweat, and oil scraped off his body, by added so gradually as to escape observation. But
means of an instrument similar to the strigil of the if a river (at once) takes away a part of your land,
Romans, and called urAeyy/f, and afterward t-varpa.
and brings it to mine, this part still remains your
The aliptce took advantage of the knowledge they property." There is the same definition by Gaius
necessarily acquired of the state of the muscles of in his Res CotidiancE* with this addition: "If the
the athletce, and their general strength or weakness part thus suddenly taken away should adhere for a
of body, to advise them as to their exercises and considerable time to my land, and the trees on such
mode of life. They were thus a kind of medical part should drive their roots into my land, from
Sometimes they even su- that time such part appears to
trainers, iarpafalTTTai.* belong to my land."
perintended their exercises, as in the case of Mile- The acquisitio per attuvioncm was considered by the
sias.
5
Roman jurists to be by the jus gentium, in the
Among the Romans, the aliptae were slaves, who Roman sense of that term.
scrubbed and anointed their masters in the baths. According to a constitution of the Emperor
They, too, like the Greek uTiemrai, appear to have Antoninus Pius, there was no jus alluvionis in the
attended to their masters' constitution and mode of case of agri limitati.' Circumlumo differs from
life.' They were also called unctores. They used alluvio in this, that the whole of the land in ques-
in their operations a kind of scraper called strigil, tion is surrounded by water, and
subject to itn
towels (lintea), a cruise of oil (guttus), which was action. Cicero 7 enumerates the jura allutionum
usually of horn, a bottle {vid. AMPULLA), and a and circumlumonum as matters included under the
email vessel called lenticula. ( Vid. iead of causes centumvirales.
BATHS.)
The apartment in the Greek palaestra where the The doctrine of alluvio, as stated by Bracton in
anointing was performed was called ufaLTrrr/ptov ;he chapter De acquirendo Rerum 6
; Dominio, is taken
that in the Roman baths was called unctvarium. Tom the Digest, 9 and is in several passages a copy
*ALIS'MA, an aquatic herb, supposed to be the of the words of Gaius, as cited in the Digest.
same with the Water Plantain. Pliny speaks of it *AL'NUS (/cAj^oa 10 ), the Alder. The wood of
as an antidote against certain venomous this tree, which is lighter than that of
creatures, many others,
and also against the bite of a rabid dog. For this was first employed, according to the poets, for the
he is not so much to be blamed, since even some surposes of navigation.
11
It was also much uted
modern practitioners have recommended it as anti- among the Romans for water-pipes, 14 and is still
hydrophobic. Sprengel makes the Alisma of which ranked among the best materials, next to metal, for
Pliny speaks the A. Parnassifolium ; this species, these, and for under-ground purposes generally. The
however, has never been found in Greece. Sibthorp alder is an inhabitant of swamps and meadows in
is more correct in 7 all Europe, the north of Africa and
designating it the A. plantago. Asia, and North
*ALL'IUM (cKopodov), Garlic. There seems America. Virgil is not consistent with himself as
no reason to doubt that the the name of sixth Eclogue 1 *
cKopodov of Theophras- egards this tree. In his
tus and Dioscorides is the Allium ic makes the sisters of Phaethon to have been
salivum, manured
Garlic, although Stackhouse prefers the A. scm-o- -.hanged into alders but in the ^Eneid 14 he gives'
;
doprasum. R. Stephens suggests that the wild Gar- he poplar, as Ovid does. 18 The species of alder
lic should be called
aQpomtopodov, and not btyioaKo- most common in Greece is the Alnus
oblongata,
podov. Pliny informs us that garlic was much used Wild.
among the Italian rustics as a medicine. 8 Galen *AL'OE, the Aloe, or Aloes-tree. Neither Hip-
also speaks of it as such. 9 pocrates nor Theophrastus notices this
Among the Athenians plant, but
it was a great favourite as an article
of food, and Dioscorides, on the other hand, describes two kinds
seems to have been sold at the same of it. 16 He says it is mostly
shops with brought from India,
bread and wine. 10 rat that the plant
grows in Arabia and the maritime
Fighting-cocks w<:re also fed
upon it, to make them more pugnacious. 11 Great >arts of Asia. The story related by some writers,
prophylactic virtues were formerly ascribed to this hat Aristotle recommended the aloe to Alexander
plant, and, among other active as one of the most valuable
properties, that, in products of Socotora,
particular, of neutralizing the venom of serpents. 14 appears unworthy of belief, and yet it probably was
he Socotorine aloe with which' the ancients were
1. (rabretti,235,619.)-2. (Aurel.
Viet., Epit. xii., 4.-Capi- most familiar. Fee thinks that, the African aloe
inhnus. Ant. Pi., 8.-M., M. Aur., 2fi.-Id.,
ampl d '' Sev Alex '' 57 F
Pert., 9.-Spart
Wolf' " v n einer A was unknown to the Greeks and Romans, but that
^' T, " ^ - " "
73 422 )-7. (Plin., H. N.. xxv., SI.) ,0, seqq.) 5. (Dig. 40, tit. 1,
ai., ; vi.,
lO.-Fee, in Plin 1 c
(11.,
7.)--6. (Dijr 40
s.
AAOriOY rPA$H (uhoyiov ypi~q>r}\ an action and yet Galen and Paulus ^Egineta treat of them
which might be brought before the logistae (Aoyio-- separately. Matthiolus seems to think it highly
rai), at Athens, against all ambassadors who neg- probable that it is the common Marjoram, but the
lected to pass their accounts when their term of late commentators are much at variance about it.
office expired.
7
Thus Sprengel, in the first edition of his R. H. H.,
*ALOPE'CIAS a species offish, called by Pliny
i
marks it as the Origanum
marjoranoidcs, but in the
the Sea-fox ( Vulpes marina*), and the same, proba- second, according to Schneider, he is disposed to re-
9
bly, with the Fox-shark of modern naturalists. The fer the duupaicof x^upoc of Theophrastus to the
name comes from the Greek U/IWTTT?^, " a fox." Hyacinthus Comosus. Stackhouse prefers the On-
*ALO'PECIS (ttA7TOY,) a species of vine pro- ganum Mgyptiacum, and Dierbach the Teucrium
ducing clusters of grapes resembling the tail of a Marum, or Mastich. Upon reference to the Com-
10
fox. It is now extinct. mentary of Matthiolus on the fiupov of Dioscorides,
4
*ALOPECU'RUS (a^wTT^ovpoc), a plant, which itwill be seen that this last opinion had been for-
Sprengel suggests may be the Saccharum cylindri- merly entertained, and it would appear to be a very
5
wm, and Stackhouse the PJdeum crinitum, Fl. plausible one.
Vreec., or Hairy Cat's-tail grass. I(s spike is de- *AMARANTH'US (u/idpavTo^, the Amaranth,
tribed by Theophrastus as being "soft, downy, or Never-fading, as its name indicates, from priv., ,
Dioncorides, he expresses himself doubtfully con- served merely for a long time. The description
cerning it. Schneider is undecided whether the which Pliny gives of his Amaranthus, which is also
ahaivy of Theophrastus be the same as that of Di- that of Theophrastus, points at once to the Celosia,
oscoii.ics. 13 cristata, a plant originally from Asia, but cultivate-.
ALTA'RE. (FzUAnA.) in Italy a long time before Pliny's
day. Bauhin b*
*ALTER'CUM, the Arabian lieves that this plant is to be found in Theophrastus
(?) name, according
to of the Hyoscyamus. 1 * under the name of $Mt;, which Theodore Gaza
Pliny,
*ALUM, a plant. ( Vid. SYMPHYTON.) translates byflamma. The uuupavrog of Dioscorides 8
'ALU'MEN. (Vid. STYPTERIA.) is another plant,
probably the Gnaphalium St&chas
*ALY'PON (dhvTrov), an herb, supposed to be the of Linnaeus. The ancients, far less advanced than
same with that which produced Turbit. Sprengel the moderns in the art of manufacturing stuffs, were
and SiUhorp mark it as the Globularia alypum. * unable, as Pliny informs us, to imitate the softness
1
'ALTe-SS'ON (a'Avaaov), a plant. The ahvaaov of of the amaranth. The moderns, however, have
Galen and Paulus ^Egineta is the Manabium alys- succeeded in this, and have even surpassed, in the
sum, vulgarly called Galen's Madwort. That of fabrication of their velvet, the beautiful downy sur-
Dioscorides is a very different plant, and cannot be fac of this flower. The common name of the
very satisfactorily determined. Sprengel hesitates plant, therefore, passe-velours, given to it when the art
whether to refer it, with Dodonasus, to the Farsetia of fabricating stuffs was yet in its infancy, suits no
dypeata, or, with Columna, to the Veronica arvcnsis, longer, and the Italian appellation, Jior di velluta
or montana, L., our Speedwell. 18 (" velvet-flower"), is much more applicable.'
AMARUN'THIA or AMARU'SIA
(u^apvv6ia or
1.
3.
(in ,Plin., H. N., xxvii., 4, p. 294.) 2. (H. N., xxvii., 4.)
(
of the same god- were numerous. One of the earliest, though not the
tival as Pausanias says, in- honour 8
less brilliant than that in Eubcea. earliest of all, the Lex -Emilia BGebia (B.C. 182),
dess,' in no way
The fsstival in Eubcea was distinguished for its was specially directed against largitiones. The Lex
3
and Strabo himself seems to Cornelia Fulvia (B.C. 159) punished the offence
splendid processions ;
have seen, in the temple of Artemis Amarynthia, a with exile. The Lex Acilia Calpurnia (B.C. 67)
column on which was recorded the splendour with imposed a fine on the offending party, with exclusion
which the Eretrians at one time celebrated this fes- from the senate and all public offices. The Lex
The that the procession Tullia (B.C. 63), passed in the consulship of Cicero,
tival. inscription stated
was formed of three thousand heavy-armed men, in addition to the penalty of the Acilian law, inflicted
4 ten years' exilium on the offender; and, among
six hundred horsemen, and sixty chariots.
AMBARVA'LIA. (Vid. ARVALES FRATRES.) other things, forbade a person to exhibit gladiatorial
*AMBER. ( Vid. ELECTRUM.) shows (gladiatores dare) within any two years in
AMB1LU.-/TRIUM. ( Vid. LUSTRUM.) which he was a candidate, unless he was required
AM'BITUS, which literally signifies "a going to do so, on a fixed day, by a testator's will.
3
Two
the Lex Aufidia was passed, by
about," cannot, perhaps, be more nearly expressed years afterward,
than bv our word canvassing. After the plebs had which, among other things, it was provided that, if
formed" a distinct class at Rome, and when the a candidate promised (pronuniiavit) money to a
whole body of the citizens had become very greatly tribe, and did not pay it, he should be unpunished ;
Vith reference to
him, competitor. A
candidate of ambitus, in proper sense, soon disappeared,
its
(candidatus) was so called from his appearing in the in consequence of all elections being transferred
public places, such as the fora and Campus Mar- from the comitia to the senate, which Tacitus, in
" The
tius, before his fellow-citizens, in a whitened toga. speaking of Tiberius, briefly expresses thus :
On such occasions, the candidate was attended by comitia were transferred from the campus to the
his friends (dedvctoret\ or followed by the poorer patres."
citizens (sedatoiKS), who could in no other manner While the choice of candidates was thus partly
show their good- will or give their assistance. 5 The in the hands of the senate, bribery and corruption
word assiduitas expressed both the continual pres- still influenced the elections, though the name of
ence of the candidate at Rome, and his continual ambitus was, strictly speaking, no longer applicable.
solicitations. The candidate, in going his rounds But in a short time, the appointment to public offices
or taking his walk, was accompanied by a nomen- was
entirely in the power of the emperors and the ;
dator, who gave him the names of such persons as magistrates of Rome, as well as the populus, were
he might meet the candidate was thus enabled to merely the shadow of that which had once a sub-
;
proposed to visit the Cisalpine towns when he was according to a senatus consultum, with
a candidate for the consulship.' infamy, and
subjected to a penalty of 100 aurei."
7
That ambitus, which was the object of several The trials for ambitus were numerous in the time
pena. enactments, taken as a generic term, compre- of the Republic. The oration of Cicero in defence
hended the two species, ambitus and largitiones (bri- of L.
Murena, who was charged with ambitus, and
Liberalitas and benignitas are
bery). opposed by that in defence of Cn. Plancius, who was charged
Cicero, as things allowable, to ambitus and largitio, with that offence specially called
sodalitium, are both
as things illegal. 7 Money was paid for 9
votes; and extant.
in order to ensure
secrecy and secure the elector, AMBAfl'SEQS PPA$H at6
persons called interprctes were employed to make action brought in the Athenian courts
the bargain, scque-slres to hold the
against an in-
money till it was dividual who had procured the abortion of a maJ?
1. (Cic., pro Cluent., 26.) 2. (Cic., ad Alt., i., 16.)- -3. (Cic
in Vatin., 15.) 4. (Cic., ad Att., i., 16.) 5. (Cic., pro Cn
Plane., 15.)-. (Suet., Jul., 41 ) 7. (Di ff . 48, tit 14 )--8. (Si
gonius, De Antiquo Jure Pop. Rom., p. 545.)
AMENTUM. AMETHYSTUS
jhildby means of a potion (u^uOptdiov). The loss " Inserit
amenta digitiis, nee phira locu.hu
)f a speech of
Lysias on this subject has deprivec Injuvenem torsit jaculuin." 1
as of the opinions of the Athenians on this crime
In the annexed figure, taken from Sir W. Hamil-
ft does not
appear, however, to have been lookec ton's Etruscan 2
1 Vases, the amentum seems to be
upon as a capital olience. attached to the spear at the centre of
Among the Romans, this crime (partus abactio, 01 little above the middle. gravity, a
abortus proem/ratio) seems to have been
originally un
noticed by the laws. Cicero relates that, when he
was in Asia, a woman who had procured the abor-
tion of her offspring was punished with death;'
but this does not appear to have been in accordance
with the Roman law. Under the emperors, a wom-
an who had procured the abortion of her own
child was punished with exile 3 and those who
gave ;
the Gtoucus of Ovid the name of the Horned viper of Illyricum; its
Oppian, and Athenaeus, and
and others.* venom is active. In the Latin translation of Avi-
which
*AMIANTH'US (auiavTofi, a variety of Asbes- cenna it is called Amindatus and Caulamis, 2
tus, called in French'
Mum de Plume. It consists are corruptions of Ammodytes and Coluber.
principally, according
to Chevenix, cf silex, mag- *AMMONrACUM (ufifwviaKov), Gum Ammoniac.
nesia, lime, and alumine, and
from it was formed Even at the present day it is not well ascertained
it is which produces this
the celebrated Linum asbestinum, or Asbestos-linen. what species of Ferula
Napkins and other articles made of this were,
when gum. Dioscorides gives it the name of uyaavMif,
soiled, thrown into the fire,
and cleansed by this The afiftovinKov $v/j.iafta was the finest kind of it,
process as others are by washing.
Hence the name and was so called because used as a perfume in
3
Amianthus given to the species in question, signify- sacred rites. The a/If 'A/ifiovLaKog, or Sal Ammoni-
"de- ac, was a Fossil salt, procured from the district of
ing pure, undefilcd (from u, priv., and piavToc,
filed"), because, being
indestructible in any ordinary Africa adjoining the temple of Jupiter Ammon. It
and woven into cloth; and has in modern times to powder, would dissolve in a little oil poured upon
been successfully manufactured into paper, gloves, it. Its name was derived from its being used to
purses, ribands, girdles, and many
other things. anoint the vine (u^Tre/lof), and preserve it from the
The natives of Greenland even use it for the wicks attack of worms. 5
6
of lamps, as the ancients also did. *AMPELO'PRASUM (&uire?iirpaaov), the Allium
AMIC'TUS, dim. AMIC'ULUM. Ampeloprasum, or Dog-leek, called in French Porrte
The verb amicire is commonly opposed to induere, de cfiien.*
the former being applied to the putting on of the *AM'PELOS. (Vid. Vms.)
outer garment, the pallium, laena, or toga (I/HIT iov, *AMO'MUM. (Vid. AMfl'MON, page 55.)
<j>upof) the latter, to the putting on
;
of the inner
6
AMPHIARA'IA (u//0tapcua), games celebrated in
garment, the timic (xiruv). Grozco pallio amictus. honour of the ancient hero Amphiaraus, in the
Veils amictos, turn togis." In consequence of this neighbourhood of Oropus, where he had a temple
1
distinction, the verbal nouns amictus and indutus, with a celebrated oracle.
7
even without any farther denomination of the dress AMPHICTYONS. Institutions called Am-
being added, indicate respectively the outer and the phictyonic appear to have existed in Greece from
inner clothing. 8 The Ass says, in Apuleius, 9 Deam, time immemorial. Of their nature and object his-
Sirica contectam amiculo, mi'/ii gerendam imponunt,
" tory gives us only a general idea; but we may
meaning, They place on me the goddess, covered safely believe them to have been associations of
with a small silken scarf." The same author says
originally neighbouring tribes, formed for the regu-
that the priests of the Egyptians used linen indutui lation of mutual intercourse and the protection of a
c., both for their inner and outer common temple or sanctuary, at which the repre-
ft aniii tui ; i.
each other makes it difficult to conceive what could leave us in doubt whether the remaining tribe were
have been the motives for forming the confedera- the Dolopes or Delphians but, as the Delphians
;
tion, more especially as religious causes seem pre- could hardly be called a distinct tribe, their nobles
cluded, by the fact that Troszen, though so near to appearing to have been Dorians, it seerrs probable
Calauria, and though Poseidon was its tutelary that the Dolopes were originally menbers, and
g-xi, was not a member. In after times, Argos and afterward supplanted by the Delphians. 1 The pre-
Sparta took the place of Nauplia and Prasiae, and ponderance of Thessalian tribes proves the antiquity
religious ceremonies were the sole object of the of the institution and the fact of the Dorians stand-
;
meetings of the association. There also seems to ing on an equality with such tribes as the Malians,
have been another in Argolis, 5 distinct from that of shows that it must have existed before the Dorian
(/alauria, the place of congress being the 'Hpaiov, conquest, which originated several states more ] iow-
or temple of Hera. Delos, 3 too, was the centre of erful, and, therefore, more likely to have sent heir i
an Amphictyony the religious metropolis, or respective deputies, than the tribes mentioned.
'lar/j? v?jauv of the neighbouring Cyclades, where Wealso learn from jEschines that each of these
deputies and embassies (deupoi) met to celebrate tribes had two votes in congress, and that deputies
religious solemnities in honour of the Dorian Apol- from such towns as (Dorium and 3) Cytinium had
lo, and apparently without any reference to political equal power with the Lacedaemonians, and that
objects. Eretria and Priene, Ionian colonies, were on a par
Nor was the system confined to the mother-coun- with Athens (lao^tyoi roZf 'Adyvaioif). It seems,
ry ;
for the federal unions of the Dorians, lonians, therefore, to follow, either that each Amphictyonic
and .flSolians, living on the west coast of Asia tribe had a cycle, 3 according to which its component
Minor, seem to have been Amphictyonic in spirit, states returned deputies, or that the vote of the tribe
although modified by exigences of situation. Their was determined by a majority of votes of the differ-
main essence consisted in keeping periodical festi- ent state 3 o^ that tribe. The latter supposition
vals in honour of the acknowledged gods of their might explain the fact of their being a larger and
respective nations. Thus the Dorians* held a smaller assembly a /Jov/b? and kKnT^rjaia at some
federal festival, and celebrated religious games at of the congresses and it is confirmed by the cir-
;
Triopium, uniting with the worship of their national cumstance that there was an annual election of
god Apollo that of the more ancient and Pelasgic deputies at Athens, unless this city usurped func-
Oemeter. The lonians met for similar purposes, tions not properly its own.
m nonour of the Heliconian Poseidon at Mycale ;
The council itself was composed of two classes
their place of assembly being called the Panionium, of representatives, one called pylagorae, the other
and their festival Panionia. (Poseidon was the hieromnemones. Of the former, three were annually
god of the lonians, as Apollo of the Dorians. ) The
5
elected at Athens to act with one hieromnemon ap-
twelve towns of the TEolians assembled at Gryneum, pointed by lot.* That his office was highly honour-
in honour of Apollo. That these confederacies able we may infer from the oath of the Heliasts, 1 in
vere not merely for offensive and defensive purpo- which he is mentioned with the nine archons. On
ses, may be inferred from their existence after the one occasion we find that the president of the coun-
subjugation of these colonies by Crossus ; and we cil was a hieromnemon, and that he was chosen
know that Halicarnassus was excluded from the general of the Amphictyonic forces, to act against
Dorian union, merely because one of its citizens the Amphissians.' Hence it has been conjecture^,
had not made the usual offering to Apollo of the that the hieromnemones, also called tepoypo^wamf,
prize he had won in the Triopic contests. con- A were superior in rank to the pylagorae. 7 ^Eschines
federation somewhat similar, but m- re political also contrasts the two in such a way as to warran;
than religious, existed in Lycia :' it was called the the inference that the former office was the more
"
Lycian system," and was composed of twenty- permanent of the two. Thus he says, "When
8
nexion of this Amphictyony with the latter not only The KK%7jvia, or general assembly, included not only
contributed to its dignity, but also to its perma- the classes mentioned, but also those who had joined
9
nence. With respect to its early history, Strabo in the sacrifices, and were consulting the god. Ij
says, that even in his days it was impossible to was convened on extraordinary occasions by the
learn its origin. We
know, however, that it was chairman of the council ('O raf yvw/zaf sTri^rj^uv.)
11
144.) 5. (Miiller, b. ii., c. 10, s. 5. Strabo, viii., 7.) 6. the Assemblies, &c., p. 270, transl.) 9. (Bockh, Corpus Inscript.
'Strabo, xiv., 3.) 7. (Herod., vii., 200.) 8. (ix., 289.) 9 (De No. 1711, quoted by Miiller.) 10. (.ffiscliin., c. Ctes., 124, Bek
F L., 122, Bekker.) ker.) 11. (JEs :hines, c. Ctes 124.)
Q 49
AMPHICTYONS. AMPHICTYONS.
trees made. The oath was "They battle of Chaeronea (B.C. 338^, and the extinction
as follows:
1
3
rebuilding; and Athenaeus (B.C. 160) informs us,* council is not mentioned as interfering. It will not
that in other matters connected with the worship of be profitable to pursue its history farther it need ;
the Delphian god, they condescended to the regula- only be remarked, that Augustus wished his new
city, Nicopolis (A.D. 31), to be enrolled among
tion of the minutest trifles. History, moreover, the
teaches that, if the council produced any palpable members and that Pausanias, in the second century
;
effects, it was from their interest in Delphi; and of our era, mentions it as still existing, but deprived
though it kept up a standing record of what ought of all power and influence. In fact, even Demos-
to have been the international law of Greece, it thenes* spoke of it as the shadow at Delphi.*
sometimes acquiesced in, and at other times was a After these remarks, we may consider two points
party to, the most iniquitous and cruel acts. Of of some interest and, first, the etymology of the
;
this the case of Crissa is an instance. This town word Amphictyon. We are told 6 that Theopompus
lay on the Gulf of Corinth, near Delphi, and was thought it derived from the name of Amphictyon, a
much frequented by pilgrims from the West.' The prince of Thessaly, and the supposed author of the
Crissaeans were charged by the Delphians with un- institution. Others, as Anaximenes or' Lampsacus v
due exactions from these strangers. The council connected it with the word o/u^t/crtovcf, or neigh-
declared war against them, as guilty of a wrong bours. Very few, if any, modern scholars, doubt
against the god. The war lasted ten years, till, at that the latter view is correct and that Amphictyon, ;
the suggestion of Solon, the waters of the Pleistus with Hellen, Dorus, Ion, Xuthus, Thessalus, Laris-
were turned off, then poisoned, and turned again sa the daughter of Pelasgus, and others, are not
into the city. The besieged drank their fill, and historical, but mythic personages the representa-
Crissa was soon razed to the ground and thus, if tives, or poetic personifications, of their alleged
;
doubly violated. Its territory the rich Cirrhaean too marvellous a coincidence that his name should
plain was consecrated to the god, and curses im- be significant of the institution itself; and, as he
precated upon whomsoever should till or dwell in it. was the son of Deucalion and Pyrrha, it is difficult
Thus ended the First Sacred War (B.C. 585), in to guess of whom his council consisted. True it is
which the Athenians were the instruments of Del- that he also appears in Athenian history;' but very
phian vengeance.
6
The Second, or Phocian War little is said of him; and the company he keeps
(B.C. 350), was the most important in which the there, though kingly, is far from historical. Besides,
7
Amphictyons were concerned; and in this the though Herodotus 9 and Thucydides 10 had the oppor-
Theoans availed themselves of the sanction of the tunity, they yet make no mention of him. may We
council to take vengeance on their enemies, the
conclude, therefore, that the word should be written
Phocians. To do this, however, it was necessary from or those that dwell
amphictiony, u/upiKTioves,
to call in Philip of Macedon, who 11
readily proclaim- around some particular locality.
ed himself the champion of Apollo, as it opened a The next question is one of greater difficulty it ;
pathway to his own ambition. The Phocians v/ere is this Where did the association originate 1 were
:
subdued (B.C. 346), and the council decreed that all its
meetings first held at Delphi or at Thermopylje 1
their cities, except Abae, should be razed, and the in- There seems to us a
greater amount of evidence in
habitants dispersed in villages not containing more favour of the latter. In proof of this, we may state
than fifty inhabitants. Their two votes were given the preponderance of Thessalian tribes from the
to Philip, who
thereby gained a pretext for inter- neighbourhood of the Maliac Bay, and the compara-
fering with the affairs of Greece, and also obtained tive
insignificance of many of them the assigned ;
the recognition of his subjects as Hellenes. To the
birthplace and residence of the mythic Amphictyon,
causes of the Third Sacred War, allusion has been the
names Pylagorae and Pylaea. Besides, we know
made in the decrees quoted by Demosthenes. The that
Thessaly was the theatre and origin of many
Amphissians tilled the* devoted Cirrhaean plain, and of the most important events of early Greek his-
behaved, as Strabo* says, worse than the Crissaeans whereas it was only in later times, and after
Of old (xeipovc yaav irepl roiif fevovf). Their sub- tory,
the Dorian conquest of Peloponnesus, that Delphi
mission to Philip was immediately followed
by the
1. (JEch., de F.L., 121.) 2. (Demosth., de Cor., 196, 1. (Herodotus, vii., 214, speaks of the
3. (Herod., ii., 180.) 4. (iv., 173, 'O rtDv
Bekker.) Amphictyons as o! TOJH
'A/^i*:iva>v v6no; 'EAAifrwv HuXayrfpoi.) 2. (^Eschin., c. Ctes.) 3. (i., 112.) 4
rtAtVbiv votap napcxttv tAtoiuraj. This seems to refer to the (De Pace.) 5. ( iv AtX0o?5 <r/ci) 6. (Harpocrat., Amphicty
Delians only.) 5. (-Eschines, c. Ctes, 125, gives the whole his- on. See Mauss. notes.) 7. (Thirlwall, Hist. Gr., vol. i., p
tory. In early times, Crissa and the temple were one state.
273.)8. (Phil. Mus., vol. ii., p. 359.) 9. (i., 56.) 10.
Miiller, Dorians.) 6. (Paus., x., HI, s. 4.) 7. (Thirlwall, Hist. 11. (Thus Pindar, Nem., 6, 42, ev
* Crewe, vol. *., p. 2V372.) ft. (ix., 3 > an&iKTitvuv
reisTvnift. Vid. BSckh, in loc.)
so
AMPHIDROMIA. AMPHITHEATRUM.
becamo important enough for the meetings of such ceived its name, to which the guests were witnesses.
a as the Amphicty onic nor, if Delphi had been The carrying of the child round the hearth was the
body ;
of old the only place of meeting, is it easy to ac- principal part of the solemnity, from which its name
count for what must have been a loss of its ancient was derived. But the scholiast on Aristophanes 8 de-
dignity. But, whatever was the cause, we have still rives the name from the fact that the guests, while
the fact that there were two places of congress to ac- the name was given to the child, walked or danced
;
count for which, it has been supposed that there were around it. This festival is sometimes called from
originally two confederations, afterward united by the day on which it took place if on the seventh :
the growing power of Delphi, as connected with the day, it is called if on the tenth
t66ofiai or Wdopac ;
(afifidpoiua, or Spo/j.iu/j<f>ioi> #//ap), a family festival of ican species. The amphisbaena was probably a
the Athenians, at which the newly-born child was variety of the Anguis fragUis, L., or Blind Worm.
introduced into the family and received its name. The Aberdeen serpent of Pennant, of which mention
No particular day was fixed for this solemnity but is made in Linnseus's correspondence with Dr.
;
that there might be, at least, some probability of the AMPHITHEA'TRUMwas a place for the
child remaining alive. But, according to Suidas, exhibition of public shows of combatants and wild
the festival was held on the fifth day, when the beasts, entirely surrounded by seats for the specta-
women who had lent their assistance at the birth tors whereas, in those for dramatic performances,
;
washed their hands. This purification, however, the seats were arranged in a semicircle facing the
preceded the real solemnity. The friends and stage. It is, therefore, frequently described f~ a
relatives of the parents were invited to the festival double theatre, consisting of two such semicircles,
of the amphidromia, which was held in the evening, or halves, joined together, the spaces allotted to
and they generally appeared with presents, among their orchestras becoming the inner enclosure or
which are mentioned the cuttlefish and the marine area, termed the arena. The form, however, of the
polyp.* The house was decorated on the outside ancient amphitheatres was not a circle, but invari-
with olive-branches when the child was a boy, or ably an ellipse, although the circular form appears
witk garlands of wool when the child was a girl best adapted for the convenience of the spectators.
;
and a repast was prepared, at which, if we may The first amphitheatre appears to have been that
judge from a fragment of Ephippus in Athenaeus,
7 of M. Curio, of which a description has been given
the guests must have been rather merry. The by Pliny. 10 It consisted of two wooden theatres
child was then carried round the fire by the nurse, made to revolve on pivots, in such a manner that
and thus, as it were, presented to the gods of the they could, by means of windlasses and machinery,
house and to the family, and at the same time re- be turned round face to face, so as to form one
building.
1. 'Schol. in Eurip., Orest., 1094. Callim., Epig. xli. Strabo, Gladiatorial shows were first exhibited in the
c 3, p. 279, ed. Tauchn.) 2. (Thirlwall, Hist, of Greece, c.
forum, and combats of wild beasts in the circrus ;
*x.,
* , r-iii. Heeren, Polit. Hist, of Greece, c. 7. St. Croix, Des
Acorns Gouveinemens F&16ratifs. Titmann, Ueber den Bund and it appears that the ancient custom was stil.
der Amphictyonen. Miiller, Dorians, b. ii., c. iii., s 5. Phil. preserved till the dictatorship of Julius Coesar, who
Mus., vol. i., p. 324 vol. ii., p. 360. Hermann, Polit. Antiq.
;
of Greece, Q 11-14. Wachsmuth, Hellen. Alterthumsk. Nie- 1. (Isams, de Pyrrhi Hsered., p. 34, s. 30, Bekker.) 2. (Ly
buhr, Hist. Re m., i., p. 31, transl.) 3. (Hesych., a. v. irorfipiov.) sistr., 758.) 3. (Hesych. Aristoph., Av., 923.) 4. (Hesych.
4. (H. A, 9, 40 ;
or in Schneid., 9, 27, 4.) 5. (tcpl niav Suid.) 5. (viii., 10.) 6. (Scheffer, De Militia Navali, ii., c. 5,
Yap P<imv duo Svlpfie; ti'aiV, taeirep rutv an<t>iKVtti\\(av, fi ftiv p. 143.) 7. (Amcenit. Academ., vol. i., p. 295.) 8. (Schneid*
fvrdf, fi <5' iKTfa Compare Buttmann's Lexilogus, s. v.) 6. in JE\., N. A., ix., 23.) 9. (Adams, Append., s. v.) 10. (I
(Harnocr.. s. v.) 7. (p. 370.) N., xxxvi., 24, $ 8.)
51
AMPHITHEATRUM. AMPHITHEATRUM.
built a u-ooden theatre in the Campus height; and also, peihaps, in order to allow thcsi
Martius. for
the purpose of exhibiting hunts of wild beasts,
1
who worked the ropes and other mechanism by
" which was called
amphitheatre because it was which the velarium, was unrolled or drawn ba^.k
2
surrounded by seats without a scene." Most of again, 10 perform those operations without incouj-
the early amphitheatres were merely temporary, moding the spectators on the highest; seats.
and made of wood such as the one built by Nero
;
With regard to the velarium itself, nothing at afl
at Rome,' and that erected by Atilius at Fidenee conclusive and satisfactory can now be gathered ;
while and it has occasioned considerable dispute among
during the reign of Tiberius, which gave way
the games were being performed, and killed or in- the learned, how any temporary covering could be
4 extended over the whole of the building. Some
jured 50,000 persons.
The first stone amphitheatre was built by Statili- have imagined that the velarium extended only
8
ns Taurus, at the desire of Augustus. This build- over part of the building; but, independent of other
ing, which stood in the Campus Martius, near the objections, it is difiicult to conceive how such an
circus called Agonale, was destroyed by fire in the extensive surface could have been supported along
6
reign of Nero ; and it has, therefore,
been supposed the extent of its inner edge or circumference. The
that only the external walls were of stone, and that only thing which affords any evidence as to the
the seats and other parts of the interior were of tim- mode in which the velarium was fixed, is a series
ber. A second amphitheatre was commenced by of projecting brackets, or corbels, in the uppermost
Caligula but by far the most celebrated of all was
; story of the exterior, containing holes or sockets,
the Flavian amphitheatre, afterward called the to receive the ends of poles passing through holes
Colisaeum, which was begun by Vespasian, and in the projection of the cornice, and to which ropes
finished by his son Titus, who dedicated^ it A.D. 80, from the velarium were fixed but the whole of the
;
on which occasion, according to Eutropius, 5000, upper part of the interior is now so dismantled as
and according to Dion, 9000, beasts were destroyed. 7 to render it impossible to decide with certainty in
This immense edifice, which is even yet compar- what manner the velarium was fixed. The velari-
atively entire, was capable of containing about um appears usually to have been made of wool,
87,000 spectators, and originally stood nearly in tlie but more costly materials were sometimes employed.
centre of the city, on the spot previously occupied When the weather did not permit the velarium to
by the lake or large pond attached to Nero's pal- be spread, the Romans used broad-brimmed hats or
ace,* and at no very great distance from the Baths caps, or a sort of parasol, which was called umbni.
of Titus. It covers altogether about five acres of la, from umbra, shade. 1
ground; and the transverse, or longer diameter of Many other amphitheatres might be enurrerated,
the external ellipse, is 615 feet, and the conjugate, such as those of Verona, Nismes, Catania. Pom-
or shorter one, 510 while those of the interior peii, &c.
; but, as they are all nearly similar in
;
ellipse, or arena, are 281 and 176 feet respectively. form, it is only necessary to describe certain par-
Where it is perfect, the exterior is 160 feet high, ticulars, so as to afford a tolerably correct idea of
and consists of four orders, viz., Doric, Ionic, and the respective parts of each.
Corinthian, in attached three-quarter columns (that The interior of the amphitheatre was divided into
is, columns one fourth of whose circumference ap- three parts, the arena, podium, and gradus. The
pears to be buried in the wall behind them), and an clear open space in the centre of the amphitheatre
"upper order of Corinthian pilasters. With the ex- was called the arena, because it was coverec" with
ception of the last, each of these tiers consists of sand or sawdust, to prevent the gladiators from
eighty columns, and as many arches between them, slipping, and to absorb the blood. The size cf the
forming open galleries throughout the whole cir- arena was not always the same in proportion to the
cumference of the building but the fourth has size of the amphitheatre, but its average propor-
;
windows instead of large arches, and those are tion was one third of the shorter diameter of the
placed only in the alternate inter-columns, conse- building.
quently, are only forty in number; and this upper It is not quite clear whether the arena was no
portion of the elevation has, both on that account more than the solid ground, or whether it had an
and owing to the comparative smallness of the actual flooring of any kind. The latter opinion is
apertures themselves, an expression of greater adopted by some writers, who suppose that there
solidity than that below. The arches formed open must have been a souterrain, or vaults, at intervals
external galleries, with others behind them besides ; at least, if not throughout, beneath the arena, as
which, there were several other galleries and passa- sometimes the animals suddenly issued apparently
ges, extending beneath the seats for the specta- from beneath the ground and machinery of differ-
;
tors, and, together with staircases, affording access ent kinds was raised up from below, and afterward
to the latter. At present, the seats do not rise in the same manner. That there must
disappeared
higher than the level of the third order of the exte- have been some substruction beneath the arena, in
rior, or about half its entire height ; therefore, the some amphitheatres at least, is evident, because
upper part of the edifice appears to have contributed the whole arena was, upon particular occasions,
very little, if at all, to its actual capacity for ac- filled with water, and converted into a naumachia,
commodating spectators. Still, though it has never where vessels engaged in mimic sea-fights, or else
been explained, except by conjecturing that there crocodiles and other amphibious animals were
were upper tiers of seats and galleries made to attack each other. Nero is said to have
(although no
emains of them now exist), we must that
suppose frequently entertained the Romans with spectacles
Acre existed some very sufficient reason for incur- and diversions of this kind, which took place imme-
ring such enormous expense, and such prodigal
diately after the customary games, and were again
waste of material and labour beyond what succeeded by them; consequently, there must have
utility
seems to have demanded. This excess of
height, been not only an abundant supply of water, but me-
so much greater than was was
necessary, perhaps, chanical apparatus capable of pouring it in and
in some measure, with the view
that, when the draining it off again very expeditiously.
building
was covered in with a temporary roofing The arena was surrounded by a wall, distinguish-
or awning (velarium), as a defence
against the sun ed by the name of podium, although such appella-
or rain, it should seem well
proportioned as to tion, perhaps, rather belongs to merely the upper
1.
(&<zrpdv KwirytriKdv.) 2. (Dion., xliii., 22.) 3. (Suet.,
part of it, forming the parapet or balcony before the
Ner., c. 12. Tacit., Ann., xiii., 31.) 4. (Tacit., Ann., iv., 62. first or lowermost seats, nearest to the arena. The
Suet., Tib., c. 40.) 5. (Suet., Octav., c. 29. Dion., li., 23.) latter, therefore, was no more than an open oval court,
.
(Dion., bcii., 18.) 7. (Suet., Vesp., 9. En-
Id., Tit., 7.
trop., vii., 21 Dion., Ixvi., 25.) 8. (S-iet., Ner., 31.) 1. (Dion., lix., 7. Martial, xiv., 27, 28.)
53
AMPHITHEATR JM. AMPHITHEATRUM.
surrounded I y a wall about eighteen feet high, meas- from the outer porticoes were called vomitona, bo
1
uring from the ground to the top of the parapet a cause, says Macrobius, Homines glomeralim ingre-
;
ondary ones, intervening between them, and commu- ever to understand how the arena could have been
nicating v/itk the corridors beneath the seats on the inundated at pleasure with water; nor was any pos-
pcdioxx itive information obtained from the excavations
The wall or enclosure of the arena is supposed made several years ago in the arena of the Colise-
10 have been faced with marble more or less sump- um. Probably many of the animals were kept in
tuous besides which, there appears to have been, dens and cages within the space immediately be-
;
in some instances at least, a sort of network affix- neath the podium (marked d in the cut), in the in-
ed to the top of the podium, consisting of railing, tervals between the entrances and passages leading
or, rather, open trellis-work of metal. From the into the arena, and so far a very convenient situa-
mention made of this network by ancient writers, tion for them, as they could have been brought im-
little more can now be gathered respecting it than mediately into the place of combat.
that, in the time of Nero, such netting, or whatever There were in the amphitheatres concealed tubes,
it might have been, was adorned with gilding and from which scented liquids were scattered over the
amber a circumstance that favours the idea of its audience, which sometimes issued from statues pla-
;
2
having been gilt metal- work, with bosses and orna- ced in differentparts of the building.
ments of the other material. As a farther defence, Vitruvius affords us no information whatever as
ditches, called euripi, sometimes surrounded the to amphitheatres and, as other ancient writers have
;
and other persons of distinction, such as the ambas- but it is in some respects conjectural, particularly
sadors of foreign parts a and it was here, also, that in the upper part, since no traces of the upper gal-
;
the emperor himself used to sit, in an elevated place lery are now remaining. The extreme minuteness
called suggestus 3 or cubiculum;* and likewise the of the scale renders it impossible to point out more
person who exhibited the games, on a place eleva- than the leading form and general disposition of the
ted like a pulpit or tribunal (editoris tmlntnaf). The interior; therefore, as regards the profile of the ex-
vestal virgins also appear to have had a place allot- terior, merely the heights of the cornices of the dif-
ted to them in the podium.* ferent order:; are shown, with the figures 1, 2, 3, 4
Above the podium were the gradus, or seats of the placed against them respectively.
other spectators, which were divided into mceniana,
or stories. The first mcenianum, consisting of four-
teen rows of stone or marble seats, was appropria-
ted to the equestrian order. The seats appropriated
to the senators and equites were covered with cush-
ions (pulmllis), which were first used in the time of
Caligula.* Then, after an interval or space, termed
& prezcinctio, and forming a continued landing-place
from the several staircases in it, succeeded the sec-
ond maenianum, where were the seats called popula-
1
ria," for the third class of spectators, or the populus.
Behind this was the second precinction, bounded by
a rather high wall, above which was the third mae-
nianum, where there were only wooden benches for
the puttati, or common people. 8 The next and last
division, namely, that in the highest part of the
building, consisted of a colonnade or gallery, where
females were allowed to witness the spectacles of
the amphitheatre,' some parts of which were also
occupied by the pullati. At the very summit was EXPLANATIONS.
the narrow platform for the men who had to attend
A, The arena.
t;> the
velarium, and to expand or withdraw the
The wall or podium enclosing it.
awnings, as there might be occasion. Each maenia- p,
The podium itself, on which were
num was not only divided from the other by the prae- P, chairs or
seats for the senators, &c.
ciMtio, but was intersected at intervals by spaces
for passages left between the seats, called scala, or M', the first maenianum, or slope of benches, lor the
tcaZaria ; and the portion between two such passa- equestrian order.
ges was called a cuneus, because this space gradu- M", The second maenianum.
M'", The third maenianum, elevated considerably
ally widened, like a wedge, from the podium to the
10
The entrances to the seats above the preceding one, and appropriated to the
top of the building.
pullati.
1. (Plin., H. N., viii., 7.)(Suet., Octav., 44.
2. Juv., Sat. W, The colonnade, or gallery, which contained
ii, 143, seqq.) 3. (Suet., Jul., 76. Plin., Paneg., 51.) 4. women.
seats for
(Suet., Ner., 12.) 5. (Suet., Octav., 44.) 6. (Juv., Sat. iii.,
Z, The narrow gallery round the summit of the in-
154. Dion., lix., 7.)- .'. (Suet.. Domit., 4.) 8. (Suet., Octav.,
<*.) 9. (Suet., rcta\ , 44.) 10. (Suet., Octav., 44. Juv., Sat.
1 (Saturn., vi., 4.) 2. (Lucan, ix., 808.*
53
A.MPYX.
AMPHORA,
attendants who woised the vela-
terior, for the
p/^'The prsecinctiones,
or landings, at the top
of the and second maenianum, in the pave-
first
at inter-
ment of which were grated apertures,
into the vomitoria beneath
vals., to admit light
cnem.
V V V V, Vomitoria. , ,
The following cut represents amphorae from the There is in the British Museum (room \l.) a
British Mu-
Townley and Elgin collections in the vessel resembling an amphora, and containing the
seum. They are of various forms and sizes in fine African sand which was mixed with the oil
;
with a small
general they are tall and narrow, which the athletse rubbed their bodies. It
of the neck with
neck, and a handle on each side was found, with seventy others, in the baths of Ti-
on both and
(whence the name, from apQl, sides,
in the year 1772. The amphora occurs on the
at the bottom in a tus,
<4epo, to carry,) and terminating coins of Chios, and on some silver coins of Athens.
or stuck in the
point, which was let
into a stand
The Greek a^opevg and the Roman amphora
several
ground, so that the vessel stood upright: were also names of fixed measures. The a^o-
have been found in this position in the
called fieTprjTfc and Kadoq was
pevf, which was also
amphorae ,
cellars at Pompeii. Amphorae were commonly to 3 Roman urnae=8 gallons 7-365 pints, im-
made of earthenware Homer mentions amphorae equal measure. The Roman
;
amphora was two
ot gold and stone, and the Egyptians had them of perial
brass glass vessels of this form have been found
thirds of the upQopevf, and was equal to 2 urnse =
;
8 congii=5 gallons 7-577 pints its solid content
at Pompeii. The name of the maker or of the
;
V ^^
" An
"
Projicit ampullas et sesquipedaMa
name
verba."'
gin collection, Nos. 238 and 344. The most com- served in great quantities in our collections of antt
mon use of the amphora, both among the Greeks quities, and their forms ate very various, though
al-
and Romans, was for keeping wine. The cork was ways narrow-mouthed, and generally more or Jess
covered with pitch or gypsum, and (among the Ro- approaching to globular.
mans) a label (pittacium) was attached to the am- AMPYX, AMPYKTER, (u/nrv?, dpn;* r%> ;,
phora, inscribed with the names of the consuls under (frontale), a frontal.
whom it was filled. The following cut represents This was a broad band or plate of metal, -which
the mode of filling the amphora from a wine-cart, ladies of rank wore above the forehead as
part of
and is taken from a painting on the wall of a house
at Pompeii.
1. (Steinbuchel's Alterthum.,p. 67.) 2. (Plaut., Rud.,iii.,4,
1 (D., xiiii , IfQ - (W., x , :64, 204. Schol. in Apoll. Rhod., 51, and Stick., i., 3, 77, compared -with Festus, t. v. Rubjda.)
W., 1187.) 3. (Ep. ad Pis., 97.) 4. (Epist. I., iii.,14.)
54
AMULETUM. AMOMOJV.
the henddreys. 1
Hence it is attributed to the female The following passages may exe fiplify the use of
divinities. Artemis wears a frontal of gold;* and amulets in ancient times. Pliny 1 says, that any
the epithet xpuadpirvKef is applied by Homer, He- plant gathered from the bank of a brook gr river
siod, and Pindar to the Muses, the Hours, and the before sunrise, provided that no one sees the person
Fates. From the expression riiv KvavufiirvKa Qf/6av who gathers \t, is considered as a remedy for tertian
in a fragment of Pindar, we may infer that this or- ague when tied (adolligata) to the left arm, the pa-
nament was sometimes made of blue steel (nvavoe) tient not knowing what it is; also, that a person
instead of gold and the scholiast on the above-ci- may be immediately cured of the headache oy the
;
ted passage of Euripides asserts that it was some- application of any plant which has grown on the
times enriched with precious stones. head of a statue, provided it be folded in the shred
The frontal of a horse was called by the same of a garment, ana tied to the part affected with a
name, and was occasionally made of similar rich red string. Q,. Serenus Sammonicns, in his poem
materials. Hence, in the Iliad, the horses which on the art of healing, describes the following charm,
draw the chariots of Juno and of Mars are called which was long celebrated as of the highest repute
\pvaafiuvKes. Pindar3 describes the bridle with a for the cure of various diseases Write abracadabra :
golden frontal (xpvaafj.irvKa xakivov}, which was on a slip of parchment, and repeat the word on oth-
given to Bellerophon to curb the winged horse Peg- er slips, with the omission of the last letter of each
asus. preceding slip, until the initial alone remains. A
The annexed woodcut exhibits the frontal on the The line so written will assume the form of an
head of Pegasus, taken from one of Sir William equilateral triangle. Tie them together, and sus-
Hamilton's vases, in contrast with the correspond- pend them from the neck of the patient b} means of
ing ornament as shown on the heads of two fe- linen thread.
males in the same collection. According to the scholiast on Juvenal," athletes
used amulets to ensure victory (niceteria phylacterw),
and wore them suspended from the neck and we ;
and stones. Some of the amulets in our museums for the Pepper of the gardens
(the Solanumbacciferum
are merely rough, unpolished fragments of such of Tournefort ); Csesalpinus is in favour of the Piper
stones as amber, agate, carnelian, and jasper; oth- Cubeba; and Plukenet and Sprengel, with others, of
ers are wrought into the shape of beetles, quadru- the Cissus vitiginea. The most probable opinion is
that advanced by F6e, who makes the plant in ques-
peds, eyes, fingers, and other members of the body.
There can be no doubt that the selection of stones, tion the same with our Amomum racemosum. The
either to be set in rings or strung together in neck- Romans obtained their amomum from Syria, and it
laces, was often made with reference to their repu-
came into the latter country by the overiand trade
ted virtues as amulets, from India. 7 It is said to have been used by the
Eastern nations for embalming; and from this word
1. (R., rxii., 468-470. ^Eschyl., Suppl., 434. Theocrit., i.,
33.) 2. (xpvacav a^-irvKti. Eurip., Us-;., 464.) 3. (Olymp., 1. (H. N., xxiv., 19.) 2. (iii., 68.) 3. (Lib. v.) 4. (Horn.,
riii., 92.) 4. (Liv., xxxvii., 40.) 5. (a v. Avliy Nd//t[>.) 6. Hymn, in Cer., 227. Oiph., Lith., 222.) 5. (Plin., H. N., KV.,
(Deut., vi., 8 ; ii., 18.) 9.) 6. (Dioscor., i., 176.) 7. F6e, Flore rte Virgile, p. 16.)
55
ANACRISIS. ANAGYRIS
gome have derived, though by no means correctly, .iapnpiai) depositions of slaves extorted by the
;
4.
1
the term mummy. The taste of the grains of amo- rack ;
5. the oath of the parties. All these proofs
mum is represented by Charras as tart, fragrant, were committed to writing, and placed in a box se-
a good while in the till they were produced at
cured by a seal (e^ZVof 2 )
very aromatic, and remaining
inouth. 1 The name amomum is supposed to come the trial. The name
dvunpiois is given to the plead-
from the Arabic hhamama, the ancient Arabians ings, considered expressly as a written document, in
aromatic known 3
If the evidence produced at the anacrisis
having been the first who made this Isaeus.
to the Greeks. The root of the Arabic term has was so clear and convincing that there could not
inference to the warm taste peculiar to spices.
The remain any doubt, the magistrate could iecide tnc
CArdamums, grains of Paradise, and mellagetta pep- question without sending the cause to be tried be-
of the shops, a class of highly aromatic
pungent fore the dicasts this was called diafiaprvpia.
: In
p>,r _
of amomum, this case, the only remedy for the person against
seeds, are produced by different species
2
en botanists now employ the term. whom the decision was given, was to bring an ac-
ANA'BOLEUS (uvafioMf). As the Greeks were tion of perjury against the witnesses (ipEvdofiaprv-
were ac- puv diKjj). These pleadings, like our own, were
unacquainted with the use of stirrups, they
customed to mount upon horseback by means of a liable to vexatious delays on the part of the liti-
slave, who was termed avadofavs (from gants, except in the case of actions concerning mer-
avadd'A.-
faiv 3 ). This name was also given, according to chandise, benefit societies, mines, and dowries, which
some writers, to a peg or pin fastened on the spear, were necessarily tried within a month from the com-
which might serve as a resting-place to the foot in mencement of the suit, and were therefore called
mounting *hc horse.* lfj./j.7)voi
diicai. The word uvdnpiais is sometimes
4
ANA&ALUPTE'RIA. (Vid. MARRIAGE.) used of a trial in general (ftf]6' elf aynpiaiv e'Adetv. )
ANAKEIA or ANAKEPON (uvaKeia or avu- The archons were the
proper officers for the uvd-
KSLOV), a festival of the Dioscuri, or "Avartref,
as
Kpiau; they are represented by Minerva, in the
:
iraiSuv ;
but adds that it was disputed whether ANAGNOS'TES. (Vid. ACROAMA.)
they were the Dioscuri, the Curetes, or the Cabiri. ANAFftTHS AI'KH (dvayujTjf (5i/c7?). If an in-
(See DIOSCURIA.) dividual sold a slave who had some secret disease
ANAKEI'MENA. (Vid. DONARIA.) such, for instance, as epilepsy without informing
ANAKLETE'RIA (dvaK^rjr^pta) was the name the purchaser of the circumstance, it was in the
of a solemnity at which a young prince was pro- power of the latter to bring an action against the
claimed king, and at the same time ascended the vendor within a certain time, which was fixed ly
throne. The name was chiefly applied to the ac- the laws. In order to do this, he had to report
8
cession of the Ptolemaic kings of Egypt. The (dvdysiv) to the proper authorities the nature of the
prince went to Memphis, and was there adorned by disease, whence the action was called uvayuyrjs
the priests with the sacred diadem, and led into the Plato supplies us with some information on
ri.
Temple of Phtha, where he vowed never to make this action but it is uncertain whether his remarks
;
innovations either in the order of the or
any year apply to the action which w as brought in the Athe-
r
uments, the production of which, by the opposite mark, it is a small shrub, having the port of a Cyti-
party, might be compelled by a dlKrj cif ififyavuv sus, and rising to the height of five or seven feet.
11
;
3. testimonies of witnesses present
1. (Royal Pharmacop., p. 139.) 2. (F6e, 1. c.) 3. (Xen., De ii., 209. Adams, Append., s. v.) 7. (Plato, Legg., xi., Z, p
Re Eq., vi., 12. Id, Hipp., i., 17. Appian., Pun., 106.) 4. 916. Ast in Plat., 1. c. Meier, Att. Process, p. 525.) 8
(Xen., De Re Eq., vii., 1.) 5. (vi., p. 235.) 6. (iv., p. 137.) (iElian, V. H., i., 14. Athenaaus, ix., p. 394.) 9. (Athensaui
7. (i., 38, 3.) 8. (?olyb., Reliq., xvin., 38; xxviii., 10.) 9. ix., p. 395.) 10. (Theriac., 71 ) It. (Dioscor, ii? . 158 -.Ad-
JTHod. Sic., Frag., lib. xxx.) 10. (Tlarpocrat., . v.) amf, Append., s. v )
56
AJNC1LE, ANCJJ<E.
ANA'RRHUSIS. (Vid. APATURIA.) it broader at the ends than in the middle. Its ahap
*ANAS (vrioaa or The
v^rra), the genus Duck. s exhibited in the following woodcut.
indents must have been well acquainted with many The original ancile was found, according to tra-
dition, in the palace of Numa and, as no human
1
species of Duck but, from the brief notices they
; ;
have given of them, we have now great difficulty land had brought it there, it was concluded that it
in recognising these. 1. The /Jocr/ceif is described md been sent from heaven, and was aa dirhov tiio-
by Aristotle as being like the vf/aaa, but a little
1
rere? At the same time, the haruspices declared
.
smaller it may therefore be supposed a mere va- that the Roman state would endure so long as thia
;
i citizen of another, and the countrymen of the for- ments which they separated from their bodies
by
ner would not surrender him to the relatives of the rubbing them against the rocks o'.hers of the an- ;
eceased, it should be lawful to seize upon three, cient writers supposed that they came from the
l
%nd not more, of the countrymen of the offender, carcasses of animals. The truth is, that eels couple
and keep thera as hostages till satisfaction was af- after the manner of serpents ; that they form eggs,
forded, or the homicide given up.* The trierarchs which, for the most part, disclose in their belly and ;
and the commanders of the ships of war were the that in this case they are viviparous, after the man-
perouns intrustad with this office. The property ner of vipers.
which the hostages had with them at the time of *ANGUIS (tytf), the Snake. (Vid. ASPIS, DBA-
seizure was confiscated, under the name of cvha or CO, &C.)
ANGUSTICLA'VII. (Vid. CLAVUS.)
*ANDROS^E'MON a species of (avdp6aai(iov), *ANI'SUM (aviaov) the Pimpinella unison, or
St. John's-wort, but not the Hypericum androseemum Anise.
described by Theophrastus, Dioscori- It is
of modern botanists. Such, at least, is the opinion des, Galen, and the other writers on the Materia
of Sibthorp, who refers it to ihe H. ciliatum, Lam. Medica.
Stephens and Matthiolus give it the French name ANNA'LES (i. e., annales libri, year-books) were
of Millepertuis* records of the events of each year, which were kept
*ANDROS'ACES (uvdpoaaKefi. Sprengel justly by the chief pontiff (pontifex maximus) at Rome,
"
pronounces this the crux exegetarum !" In his from the commencement of the state to the time of
History of Botany he inclines to the opinion of Go- the chief pontiff Publius Mucius Scarvola (consul
nanus, that it is the Madrepora acetabulum, a zoo- in 621 A.U.C., 133 B.C."). They were written on a
phyte a most improbable conjecture. But, in his white board (album), which the chief pontiff used
;
edition of Dioscorides, he prefers the plant named to put in some conspicuous place in his house, that
Olivia Androsace, Brestol. The avdpooaKCf occurs the people might have the opportunity of reading
in the Materia Medica of Dioscorides, Galen, Ori- them. They were called annales maximi, or annaki
s 3
basius, and Paulus .<Egineta. pontificum maximorum} and the commentarii pontiji-
*ANEMO'NE (avepuvT)), the Anemone or Wind- cum mentioned by Livy 3 are in all probability the
rose. Dioscorides describes three species the first, same. These documents appear to have been very
:
which he calls ^epof or cultivated, is, according to meager, recording chiefly eclipses, prodigies, and
,
contain no distinct calyx, and are succeeded annals of the Roman in Greek. 13
Lucius
by a history
cluster of grains, each terminated by a long, silky, Calpurnius Piso Frugi, consul in 621 A.U.C., and
1*
As the species generally grow on afterward censor, wrote annals. duintus Valeri-
feathery tail.
open plains, or in high, exposed situations, their us Antias (about 672 A.U.CA is frequently cited by
feathery grains produce a singular shining appear- Livy,
and contemporary with him was Caius Li-
14
ance when waved by the breeze, and hence, no cinius Macer. The Roman annalists were Locius
doubt, the name of the flower has originated, for it
Cassius Hemina (A.U.C. 608), duintus Fabius
"
means, literally, WmJ-flower ;" and this is the 1. (Dioscor., iii., Theophrast., H. P., vii., 1.- A Jams,
60.
appellation actually bestowed upon it by the Eng- Append., s. v.) 2. de Orat., ii., 12. Id., de Legg., i., 2.)
(Cic.,
lish. Sibthorp found the anemone on Mount Par- 3. (vi., 1.) (Cato in Aul. Cell., ii., 28.) 5. (Cic., da
4.
nassus. Legg., i., 2.) 6. (Liv., i., 6. Cic., de Rep., i., 16.) 7. (Nie-
*ANE'THUM (uvrjdov), the herb Anise or Dill. buhr, vol. i., p. 213.) 8. (Cic., de Orat., ii., 12.) 9. (Cic., dtf
Legg., i., 2. Polyb., i., 14 iii., 8, 9. Dionys., i., 6 ; vii., 71.
Sprengel makes the uvrjdov of Dioscorides and The-
;
Met.,
(Adams, Append., s. v.) 6. (Bion, Id., i
8. (H. N., 21, 23.)
(Cic., de On t., ii., 12. Ep. ad Div., ir.., 22. Varro, d L M .
W.j ; 10, 735, seqq.) 9. (. Lat., iv., 42. Dionys., ii , 38 ; iv., 7.) 15. <Cic., de i- -| i,
2. Liv., vii 8 I
tt
ANONIS. ANT.E.
Maximus Servilianus (612), Caius Fannius (618), ANGlUrSITIO. In criminal trials at Rome, the
accuser was obliged, after the day for the trial (diet
Caius Sempronius Tuditanus (625), Lucius Coehus
dictw) had been fixed, to repeat
Asellio (620), his charge three
Antipater (631), Caius Sempronius
same century, Pubhus times against the accused, with the intervention of
and, about the end of the 1
The anquisUio was tnat par
Rutilius Rufus, Lucius Cornelius Sisenna,
and a day between each.
of the charge in which the punishment was speci
auintus Claudius duadrigarius. Farther informa-
tion concerning these writers will be found in Clin- fied. The accuser could, during this repetition of
2
ton's fasti HeUenid, vol. iii.
the charge, either mitigate or increase the punish-
The precise difference between the terms annaks ment. 3
After the charge had been repeated three
and historic is still a matter of discussion. Cicero times, the proper bill of accusation (regatta) wa^
writers among the Ro- then first introduced. (Vid. JUDICIUM.) Under tue
says that the first historical
mans composed their works in imitation of the emperors, the term anquisitio lost its original mean-
ennalss maximi, and merely wrote memorials of the ing, and was employed to indicate an accusation in
of men, of places, and of events, without general ;* in which sense it also occurs even in the
times,
times of the Republic.*
any ornament; and, provided that their meaning
was intelligible, thought the only excellence of ANSA, the handle of any thing, more particuiar.y
1
in history, ornament is of a cup or drinking- vessel also, the handle of a
style was brevity; but that,
;
6
studied in the mode of narration, descriptions of rudder, called by us the tiller. " Ennius speaks of
cauntries and battles are often introduced, speeches the ansa or handle of a spear: Hastis ansatis con-
1 "
and harangues are reported, and a flowing style is currunt undique tclis." Ansatas millunt e turribu*
aimed at. 2 Elsewhere he mentions history as one hastas."*
of the lu'ghest kinds of oratory, and as one which The ansa must have been different from the
was as yet either unknown to, or neglected by, his amentum of a spear. Perhaps it was a rest for the
cotmrymen.
3
Aulus Gellius* says that the differ- hand, fixed to the middle of the shaft, to assist in
ence between annals and history is, that the former throwing it. On this supposition, the hasta ansata
observe the order of years, narrating under each of Ennius was the same with the ncadynvhov 01
authors. 9
year all '.he events that happened during that year. 66pv u-yKv^rov of Greek 10
Euripides calls
Servius* says that history (OTTO TOV laropelv) relates the same weapons simply ujKi>7^ag.
to events which have happened during the writer's Xenophon, speaking of the large arrows of the
life, so that he has, or might have,
seen them but Carduchi, says that his soldiers used them as darts
;
annals to those things which have taken place in (aKovTioLf), by fixing the djKv'Xr] upon them (kvaynv-
former tim as. The true distinction seems to be that /Iwvref). 11 Plutarch 12 relates that Alexander the
which regards the annalist as adhering to the suc- Great, observing one of his soldiers to be attaching
cession of time, while the historian regards more the a-yKv^r/ to his dart (TO UKOVTLOV kvayKV^,ovfievov\
the succession of events ; and, moreover, that the obliged him to leave the ranks, for preparing his
former relates bare facts in a simple, straightfor- arms y
at a moment when he ought to ha\ e had them
ward style, while the latter arranges his materials ready for use. These authorities show that the
with the art of an orator, and traces the causes and aynvTiri was something fastened to the dart, about
'
results of the events which he records. (See a the middle of the shaft, before the engagement com-
paper by Niebuhr in the Rheinisches Museum, ii., menced. That it was crooked, or curved, may be
2, p. 283, translated by Mr. Thirlwall in the Philolo- concluded from the term itself; and, if so, it would
gical Museum, vol. ii., p. 661.) with the Latin ansa, a handle, though not with
ANNO'NA (from annus, like pomona from po- agree amentum, which was a leather thong fastened to
mum) is 1. for the of the in the same part of the lance.
used, produce year ( Vid. AMENTUM.)
com, fruit, wine, &c., and hence, 2. for provisions *ANSER (xqv), the Goose. Aristotle briefly de-
in general, especially for the corn which, in the scribes two Great and the Small grega-
species, the
latter years of the Republic, was collected in the rious 13
The latter, no doubt, is the Brent
goose.
storehouses of the state, and sold to the poor at a
Goose, or Anas Bernicula. The other cannot be sat-
cheap rate in times of scarcity and which, under isfactorily determined but it is not unlikely that it
;
;
harrow, in its progress, by its stringy roots. 3.)-4. (Tacit., Ann., iii., 12.) 5. (Liv., vi., 20 ; viii., 33.)
(Vitruv., i., 8.) (Ap. Macrob., Saturn., vi., 1.) 8. (Ap
7.
1. (De Orat., ii., 12.) 2. (Orator., c. 20.) 3. (De Leg?., i. 2.) Nonium.) 9. (Athenseus, xi. Eurip., Phren., 1149. Androra
4. (v., 18.) 5. (in ..En., 373.)
i., 6. (Cod. Just., ., tit. 48 1133. Schol. in loc. Menander, p. 210, ed. Meineke. Gel!
x., tit. 16 ; xi., tit. 24.) 7.
(Cod. Theodos., vii., it. 4. s. 34, i., 25. Festus, s. v. Mefancilium.) 10. (Orest., 1477.) II
S5, 36.} S. (Salmas. in Lamprid., Alex. Sev., c. 41.) 9. (Gru- (Anab., iv., 2, $ 28.H-12. (Apophth.) 13. (Am'tcA , H. A., vin
ter, p. C, n. 10.) 10. (Dioscor., iii., 17. Adams, Append., s.v ) 5.) 14. (Adams, Append., s. v.) 15. (iii.. 1.) 16 (iv.. 4 >
30
ANTEAMBULONES. ANTEFIXA.
pronaos was divided by the two columns, were handled by a Roman knight, because his slave had
sometimes occupied by marble balustrades, or by presumed to touch the latter in order to make way
some kind of rails, with doors or gates. The ruins for his master. 1 The term anteambulcmes was also
of temples, corresponding to the description of Vitru- given to the clients, who were accustomed to walk
vius, are found in Greece and Asia Minor; and we before their patroni when the latter appeared in
here exhibit as a specimen a restoration of the public.*
front P* the temple of Artemis Propylaea at Eleusis, ANTECESSO'RES, called also ANTECUR-
together with a plan of the pronaos :
SO'RES, were horse-soldiers, who were accustom*
ed to precede an army on march in order U) ciooSf
a suitable place for the camp, and to make the D^
cessary provisions for the army. They do not ap-
pear to have been merely scouts, like the specula'
3
tares. This name was also given to the teacheifi
of the Roman law.*
ANTECCENA. (Vid. COSNA.)
ANTEFIXA, terra-cottas, which exhibited vari-
ous ornamental designs and were used in architec-
ture to cover the frieze
(zophorus) of the entablature.
These terra-cottas do not appear to have been
used among the Greeks, but were probably Etniris n
in their origin, and were thence taken for the dec >-
ration of Roman buildings. Festus describes the<n
in the following terms Antefixa qua ex
:
opcrefigulitio
tectis adfiguntur sub stillicidw.
The name antefixa is evidently derived from tlie
circumstance that they were fixed before the build-
ings which they adorned; and the manner of fixing
them, at least in many cases, appears from the le-
mains of them still existing. At Scrofano, supposed
to be the ancient Veii, they were found fastened to
the frieze with leaden nails. At Velletri,
formerly
a city of the Vilsci, they were discovered (see tie
following woodcut) with holes for the nails to pass
through. They were formed in moulds, and then
baked by fire, so that the number of them might l)e
increased to any extent; and copies of the same de-
A A, the anta ; B B, the cella or vadf :
O, the altar. sign were no doubt frequently repeated on the same
frieze. Of and exquisite beauiy
the great variety
An ancient inscription respecting the temple of of the workmanship, the reader may best form iJa.
idea by inspecting the collection of them in the Brut-
feerapis at Puteoli, contains the following direction
ro add antae to one of the walls E^. EO. PARIETE. :
ish Museum, or by studying the engravings and de-
ANTA8. DUAS. AD. MARE. VORSUM. PROJICITO. LONGAS. scription of that collection published by Dr. Tayio:
t. II. CRASSAS. P. I. Combe.
When Neoptolemus is attacked by Orestes in The two imperfect antefixa here represented rs
the vestibule of the temple at Delphi, he seizes the among those found at Velletri, and described by
arms which were suspended by means of nails or Carloni (Roma, 1785).
pins from one of the antae (irapaardiog Kp^uaaTu ),
1
ANTEAMBULO'NES were slaves who were sport for the rain-water to pass through in descend-
accustomed to gc before their masters, in order to ing trom the roof. Similar antefixa, but with comic
make way for them through the crowd. 7 masks instead of animals' heads, adorned the Tem-
They
usually called out date locum domino meo ; and if this ple of Isis at Pompeii.*
were not sufficient to clear the way, they used their The second of the above specimens represents
hands and elbows for that purpose. Pliny relates two men who have a dispute, and who come before
an amusing tale of an individual who was roughly the sceptre-bearing kings or judges to have their
use decided. The style of this bas-reHef indi-
I. (Eurip., Androm., 1098.) 2. (Iph. in Taur., 112603. cates its high antiquity, and, at the same time,
(Phcen., 427.) 4. (Vid. Cratini, Fragm., ed. Runkel, p. 16.
Xen., Hier., Schneider, Gr.-Deutsch. Handworterbuch.
xi. 1. (Ep.iii., 14, sub fin.) 2. (Martial, ii., 18 ; iii., 7 ; x., 74.)
Id., Epira. in Xen., Mem., p. 277. Id., in Vitruv.,vi., 7, 1.) 5. 3. (Hirt., Bell. Afr., 12, who speaks of speculatores et ante
(Vitruv., iv., 2, p. 94 v., i., p. 116, 117, ed. Schneider.
; Plin., cessores equite?. Suet., Vitell., 17. Ca:s., B. G., v., 47.) 4
iii., 15.) 6. (Athenaeus, vii., p.284, e. Schweigh. in Inc. (Cod. 1, tit. It. s. 2, <) 9, 11 ) 5. (Pompeii, Load., 183fi, rol i,
Clian, N A, xiv., 23.) 7 (Suet., Vesp., c 2.)
;
ANTENNA. ANTHERICUS.
attained to considerable aung from the horns of the antenna, the use of which
proves that the Volsci had are re- was to turn it round as the wind veered, so as to
taste in their architecture.
Their antefixa >
totle describes the Anthos as frequenting rivers, always have been required by the conflict of inter-
whereas the Yellow Hammer delights in trees.' ests between the parties. The next proceeding was
*AN'THRAX (av6paft, the Carbuncle. (Vid. the oath, which was taken by both parties, and pur-
CARBUNCULDS.) ported that they would faithfully discover all their
*ANTHRAK'ION, a species of carbuncle, property, except shares held in the silver mines at
found, according to Theophrastus, in the island of Laurion; for these were not rated to leiturgiae or
Chios. Beckmann 10 thinks that Theophrastus 11 property taxes, nor, consequently, liable to the ex-
means the well-known black marble of that island, change. In pursuance of this agreement, the law
which, from its resemblance to an extinguished coal, enjoined that they should exchange correct accounts
was designated avOpuxiov (from uvOpa!;, " a coal"), of their respective assets (airotydaEig) within three
just as the ruby took its name from one burning. days but, in practice, the time might be extended by
;
He supposes, moreover, that of this marble were the consent of the challenger. After this, if the mat-
made the mirrors mentioned by Theophrastus and ter were still uncompromised, it would assume the
;
that Pliny misinterprets him in stating that they shape and follow the course of an ordinary lawsuit
^ere of the uvdpaKiov of Orchomenus. 1 * (Vid. DIKE), under the conduct of the magistrate
*ANTHRE'NE (uvdpf/vri), the Hornet, or Vespa within whose jurisdiction it had originally come.
Crabro, L. Its nest is called av6pnviov by Suidas. The verdict of the dicasts, when adverse to the
*ANTHYLL'IS (uvdvMig), a species of plant. challenged, seems merely to have rendered impera-
tive the first demand of his antagonist, viz., that he
Sprengel agrees with Prosper Alpinus, that the first
should submit to the exchange, or undertake the
species of Dioscorides is the Cressa Cretica; and
with Clusius, that the second is the Ajuga Iva. Lin- charge in question and as the alternative was open
;
naeus would seem to countenance this opinion in re- to the former, and a compromise might be acceded
the latter at any stage of the proceedings, we
gard to the first species, by giving it the name of to by
Cressa AiMiyllh in his Gen. Plant. 1 * may infer that the exchange was rarely, if ever,
ANTHYPOMOS'IA. (Vid. HYPOMOSIA.) finally accomplished.' The irksomeness, however,
ANTID'OSIS (avrtSoais), in its literal and gen- of the sequestration, during which the litigant was
eral meaning,
" an
exchange," was, in the language precluded
from the use of his own property, and dis-
of the Attic courts, to proceed- abled from bringing actions for embezzlement and
peculiarly applied
the like against others (for his prospective reim-
ings under a law which is said to have originated
bursement was reckoned a part of the sequestrated
7
;state ), would invariably cause a speedy
perhaps,
1. (Demosth. in Phaenipp., init.) 2. (Bdckh, Pub. Econ. of
Athens, vol. ii., p. 369.) 3. (Demosth. in Phsnipp., p. 1040.
Meier, Alt. Process, p. 471 ; irpocKa\ei<rOai nva ds dvndoatv
Lysias, fnrcp row 'Aowdrou, p. 745.) 4. (Demosth in Phte
'ident to the condition of a wealthy Athenian. ly, tho.igh perhaps simultaneously with the original
ANTIGR'APHE (avTtypatf) originally signified suit. Cases, also, would sometimes occur, in which
the defendant, from considering the indictment as
.he writing put in by the defendant, in
all causes,
passage of Plato.
1
Schomann, however, main- als" of an orator upon an impeachment for miscon-
tains 2 that antigraphe was only used in this signi- duct in an embassy (napaTrpsadeia)." All causes of
fication in the case of persons who laid claim to an this secondary nature (and there was hardly one of
tribunal to defend their several titles. This circum- of form or substance, is indicative of a repellant or
stance Schomann has suggested as a reason why retaliative quality, that might be incidental to a
the documents of each claimant were denoted by great variety of causes. The distinction, however,
the term in question. that is implied by antigraphe was not merely verbal
Perhaps the word "plea," though by no means a and unsubstantial for we are told, in order to pre-
;
coincident term, may be allowed to be a tolerably vent frivolous suits on the one hand, and unfair elu-
proximate rendering of antigraphe. Of pleas there sion upon the other, the loser in a paragraphe, or
can be only two kinds, the dilatory, and those to the cross-action upon a private suit, was condemned
action. The former, in Attic law, comprehends all by a special law to pay the fauBeMa (vid. EPOBE
such allegations as, by asserting the incompetency LIA), ratable upon the valuation of the main cause,
of the court, the disability of the plaintiff, or privi- if he failed to obtain the votes of one fifth of
lege of the defendant and the like, would have a the jury, and certain court fees (TrpvTavcla] not ori-
tendency to show that the cause in its present state ginally incident to the suit. That there was a sim-
could not be brought into court (pi elaayuyi.fj.ov ilar provision in public causes we may presume
elvai TT>V &LKIJV) the latter, everything that could
:
from analogy, though we have no authority to deter-
be adduced by way of denial, excuse, justification, mine the matter. 3
and defence generally. It must be, at the same time, ANTIGRAPHEIS (dvnypa^etf) were publifl
"
I dpt in mind, that the process called special plead- clerks at Athens, of whom there were two kinds
ing" -P. as at Athens supplied by the magistrate hold- The first belonged to the povhr/ his duty was t :
itg *he anacrisis, at which both parties produced give an account to the people of all the moneys paid
their allegations, with the evidence to substantiate to the state. ("Of KO.V' iKuurriv irpvTavsiav uTreAo-
them and that the object of this part of the pro-
;
yi&ro rag irpoaodovf rip J^y.*) In the time of
ceedings was, under the directions and with the as- ^Eschines, the uvriypaQevf rfiq ftov^ijg was x l P~
sistance of the magistrate, to prepare and enucleate 8
rovr/Tog ; but in later times he was chosen by lot.'
(he question for the dicasts. The following is an The second
instance of the simplest form of indictment and belonged to the people, and his duty
" was to check the accounts of the public officers,
plea :
Apollodorus, the son of Pasion of Achamae, such as the treasurers of the sacred
moneys, of the
against Stephanus, son of Menecles of Acharnce, for war
taxes, &c. (Atrrot <5e fjaav uvriypa^elf, 6 p.ev
perjury.
The penalty rated, a talent. Stephanus 7
TTJS diotKTjaeue, b de TTJf /3oi;/U?f. )
bore false witness against me when he gave in evi-
dence the matters in the tablets. Stephanus, SOD.
ANTINOEI'A ('AvTtvoeia), annual festivals and
of Menecles of Acharnse. I witnessed truly when quinquennial games,
which the Roman emperor
Hadrian instituted in honour of his favourite Anti-
I gave in evidence the
things in the tablet."* The
nous, after he was drowned in the Nile, or, according
pleadings might be altered during the anacrisis; to
others, had sacrificed himself for his sovereign,
but, once consigned to the echinus, they, as well as
all the other accompanying documents, were pro-
in a fit of religious fanaticism. The festivals were
celebrated in Bithynia and at Mantinea, in which
tected by the official seal from any change by the
he was 8
On the day of trial, and in the presence places worshipped as a god.
litigants.
of the dicasts, the echinus was opened, and the plea *ANTIP'ATHES, the 9sort of Coral called An-
was then read by the clerk of the court, together tipathes fceniculaceum, Pall.
with its antagonist bill. Whether it was preserved ANTIPHER'NA. (Vid. Dos.)
afterward as a public record, which we know to ANTiaUA'RII. (Vid. LIBRARII.)
have been the case with respect to the ypatyfi in *ANTIRRH'INON (avrippivov or uvrippi&v), a
some causes,* we are not informed. plant, which Sprengel makes the same with the
Prom what has been already stated, it will have Antirrhinum Orontium. Hardouin calls it by tie
been observed that questions requiring a previous French name ofMufte de veau, or Calf's Snout, btt
decision would frequently arise upon the Stephens and Matthiolus by that of Mouron vioki
allega- 1*
tions of the plea, and that the plea to the action in Its ordinary name in English is Snapdragon.
particular would often contain matter that would ANT'LIA (avrAm), any machine for raising wa-
tend essentially to alter, and, in some cases, to re- ter; a pump.
Terse the relative positions of the parties. In the
first case, a trial before the dicasts would be 1. (Demosth. in Ev. et Mnesib., p. 1153.) 2. (Xsch. ja
granted
Tnnarch.) 3. (Meier, Alt. Process, p. 652.)!. (^Esch. adv
by th? magistrate whenever he was loath to incur Ctes., c. 11, p. 375.) 5. (.Ssch., 1. c.) 6. (Pollux, Onom., 7iii,
the responsibility of decision ; in the second, a cross- 7. (Harpocrat., s. v.) 8. (Ml. Spartianus, Ifacr., c.
8, $ 12.)
14. Dion., liix., 10. Paus., vii., 9, 4.) 9. (Dioscor., v ,
14ft
1.
(Apolog. Socr., p. 27, c.) 2. (Alt. Process, p. 465.) 3. Adams, Append., s. v.) 10. (Theophrast H. , P., ix., 15. Pr
(Demwth. in Steph.,i., 1115.) 4. (Diog. Laert., lii., c.
5, s. 19.) oscor., iv., 131. Adams, Append., s. v.)
64
ANTLIA. ANTYX
The annexed figure shows a machine which is
still used on ihe river Eissach, in the Tyrol, the an-
cient A'agis. As the current puts the wheel in mo-
tion, the jars on its margin are successively im-
.nersed and filled witfl water. When they reach
the top, the centrifugal force, conjoined with their
oblique position, sends the water sideways into a
trough, from which it is conveyed to a distance, and
chiefly used for irrigation. Thus, by the incessant
action of the current itself, a portion of it is every
instant rising to an elevation nearly equal to the di-
ameter of the wheel.
the top of the tree, bends it by its weight, and tn
thickness of the other extremity serves as a counter
poise. The great antiquity of this method of raising
water is proved by representations of it in Egyptian
1
paintings.
ANTOMOS'IA (avTu/iocfia}, a part of the avuKpt
ate, or preliminary pleadings in an Athenian lawsuit.
The term was used of an oath taken by both parties ;
by the plaintiff, that his complaint was well-founded,
and that he was actuated by no improper motives;
and by the defendant, that his defence was true. It
was also called 6iu;ioaia. The oath might contain
either the direct affirmative or negative, in which
case it was called evdvdiKia o- amount to a demur-
;
"
this principle :
Utfluvios versare rotas atque hauslra Achilles sends his spear against yEneas, and strikes
videmus." The line is quoted by Nonius Marcel- " on the outer-
his shield uvrvy' VTTO TrpuTjyv, i. e.,
lus,* who
observes that the jars or pots of such most border," where (it is added) the bronze was
wheels (rotarum cadi) are properly Called "haustra thinnest, and the thinnest part of the ox-hide was
ab hauriendo," as in Greek they are called uvrhia. stretched over it. In consequence of the great size
In situations where the water was at rest, as in a of this round shield, the extreme border (uvTvl-
pond or a well, or where the current was too slow TTvpurrj*) touched the neck of the wearer above, and
and feeble to put the machine in motion, it was so the lower part of his legs below. In the woodcut,
constructed as to be wrought by animal force, and in the article ANTEFIXA, we see the UVTV!- on one
slaves or criminals were commonly employed for side of Minerva's shield.
the purpose. Five such machines are described by On the other hand, the avrvl; of a chariot must
Vitruvius, in addition to that which has been al- have been thicker than the body to which it was at-
ready explained, and which, as he observes, was tached, and to which it gave both form and strength.
turned sine opsrarum calcatura, ipsius fluminis impulsu. For the same reason, it was often made double, as
These five were 1. the tympanum; a tread- wheel,
:
in the chariot of Juno (Aomt 6e irepidpouoi uvrwyef
wrought kominibus calcantibus : 2. a wheel resem- dat*). In early times, it consisted of the twigs or
bling that in the preceding figure, but having, in- 6
flexible stem of a tree (opTTT/Kef ), which were po sh-
stead of pots, wooden boxes or buckets (modioli
ed and shaped for the purpose. Afterward, a splen-
qiiadrati), so arranged as to form steps for those who did rim of metal formed the summit of the chariot,
trod the wheel: 3. the chain-pump: 4. the cochlea,
or Archimedes's screw and, 5. the ctesibica machina, especially when it belonged to a person of wealth
;
and rank.
or forcing-pump. 3
In front of the chariot, the avrvt; was often raised
Suetonius* mentions the case of a man of eques-
above the body, into the form of a curvature, which
trian rank condemned to the antlia. The nature
served thfc purpose of a hook to hang the reins
of the punishment may be conceived from the words
of Artemidorus.* He knew a person who dreamed upon when the charioteer had occasion to leave hi."
vehicle. 7 Hence Euripides says of Hippoijrws,
that hewas constantly walking, though his body did
who had just ascended his chariot, MapTrrei dexcpolv
not move; and another who dreamed that water
UK' av-vyoc. 6 .
was flowing from his feet. It was the lot of each to rjvlat;
be condemned to the antlia (f avrhiav KaradtKaa-
On Etruscan and Greek vases, we often see the
chariot painted with this appendage to the rim much
Bqvai), and thus to fulfil his dream.
elevated. The accompanying woodcut shows it in
On the other hand, which Martial*
the antlia with
a simpler form, and as it appears in the ANTEFIXA,
watered his garden was probably the pole and
in the work of Carloni, which has been
bucket universally employed in Italy, Greece, and engraved
The is as shown in the an- already quoted.
Egypt. pole curved,
nexed figure because it is the stem of a fir, or some By Synecdoche, UVTV!; is sometimes used for a
;
the part being put for the whole.' It is
other tapering tree. The bucket, being attached to chariot,
1. (Wilkinson, Manners and Cust. of Anc. Egypt., ii., 1-4.)
1. (v., 317.) a (lib. i.) 3. (Vitruv., x., c. 4-7. Drieberjr, 2. (II., xviii., 479.) 3. (xx., 275.) 4. (II., vi., 118.) 5. i.U.,w
Pneum. Erfindungen der Griechen, 4. (Tiber., 51.) 728.) 6. (II., xxi., 38.) 7. (II., v., 262, 322.) 8. (1178.)
p. 44-50.)
6- (Oneirocritiea, i., 50.) 6 .'ix., 19.) (Callim.. Hymn, m Dian., 140.)
G5
APAGOGE. APATURIA.
plainant was said dirdyeiv r^v airayuyr/v the magi* ;
Moschus to the horns of the new moon, and by but Stackhonse hesitates between the Taraxacv.m
1
an epigram of Synesius, descriptive of an astrolabe.* Greeks of the Ionian name, 5 with the exception of
Alluding to this use of the term, a celebrated philos- those of Colophon and Ephesus. It was celebrated
opher, having been appointed Prefect of Rome by in the month of Pyanepsion, and lasted for three
the Emperor Julian, and having thus become en- days. The origin of this festival is related in the
titled to ride in a chariot with a silver rim, laments following manner: About the year 1100 B.C., the
that he was obliged to relinquish an ethereal for a Athenians were carrying on a war against the
6
silver avrv!-. Boeotians, concerning the district of Cila&nae, or,
APAGELOI (uirayeXoi), the name of those youths according to others, respecting the little town of
among the Cretans who had not reached their CEnoe. The Boeotian Xanthius or Xanthus chal-
eighteenth year, and therefore did not belong to any lenged Thymcetes, king of Attica, to single combat ;
uyeArj. (Vid. AGELE.) As these youths usually and when he refused, Melanthus, a Messenian exile
lived in their father's house, they were called aKorioi* of the house of the Nelids, offered himself to fight
APAGO'GE (airayuyri), a summary process, al- for Thymostes, on condition that, if victorious, he
lowed in certain cases by the Athenian law. The should be the successor to Thymoetes. The offer
term denotes not merely the act of apprehending a was accepted and when Xanthius and Melanthus;
culprit caught, in ipso facto, but also the written in- began the engagement, there appeared behind Xan-
frnnation delivered to the magistrate, urging his thius a man in the rpayjj, the skin of a black she
apprehension.
7
Wemust carefully distinguish be- goat. Melanthus reminded his adversary that he
tween the apagoge, the endeixis, and the ephegesis. was violating the laws of single combat by having
The endeixis was an information against those who a companion, and while Xanthius looked around,
took upon themselves some office, or exercised some Melanthus slew the deceived Xanthius. From that
right, for which they were by law disqualified; or time the Athenians celebrated two festivals, the
those whose guilt was manifest, so that the punish- Apaturia, and that of Dionysus Melansegis, who
ment only, and not the fact, was to be determined. was believed to have been the man who appeared
Pollux says that the endeixis was adopted when behind Xanthius. This is the story related by the
the accused was absent, the apagoge when he was scholiast on Aristophanes.* This tradition has given
present. Demosthenes distinguishes expressly be- rise to a false etymology of the name dnarovpia,
tween the endeixis and the apagoge. 6 When the com- which was formerly considered to be derived from
7
plainant took the accused to the magistrate, the a-Karav, to deceive. All modern critics, however,
process Avas called apagoge; when he led the magis- agree that the name is composed of u=u/ia and
trate to the offender, it was called ephegesis; in the
Tvpta, which is perfectly consistent with what
former case, the complainant ran the risk of forfeit- 8
Xenophon says of the festival 'Ev olf (airaTovpiois) :
particular day of the festival, for l-m&da signifies *APH'IA (&(j>ia), a plant mentioned by Theo-
19
uothing else but a day subsequent to any festival.
phrastus, but of which nothing can be made satis-
APELEUTHEROI. (Vid. LIBERTI.) factorily, in consequence of the short notice given
1
Beitr*q;e, p. 168.) 11. (Hesych., s. v. 'AiraTovpta. Simplicius 95. Demosth., c. Timocr., c 7, p. 708. Xen., Rep. Athen.
in Aristot., Phys.. iv., p 167, a.) 12. (Vid. Ruhnkcn, ad. Tim., 2, 8.
iii., Anstoph., Thcsmoph 79, 80.) 12. (Theophrast., H
Le* Plat., p. 119.) P., vii., 8. Adams, Append., s )
APHRODISIA. APIUM.
Cyprus. Her most ancient temple was at Paphos, pov, which is generally thought to be our common
which was built by Aerias or Cinyras, in whose to be what
; the liriroaehtvov, which seems
family the priestly dignity was hereditary.
6
No Parsley
is now called Alesanders ; the iAeioc&ivov, Wild
bloody sacrifices were allowed to be offered to her, or Smallage ; and the bpeoa&ivov, or Mount-
but only pure fire, flowers, and incense 7 and, Celery
Virgil is generally thought by Apium
;
we ain-parsley.
therefore, when Tacitus
8
speaks of victims, to mean the first sort, that being principally culti-
must either suppose, with Ernesti, that they were
killed merely that the priests might inspect their
vated in gardens. Martyn, however, thinks he
means the Smallage, which delights in the banks of
intestines, or for the purpose of affording "a feast to
the persons present at the festival. At all events, rivulets,
and hence the language of the poet, "viri-
des apio ripa" and "potis gauderent rivis." F6e
however, the altar of the goddess was not allowed also makes the
to be polluted with the blood of the victims, which Apium of Virgil the same with the
or eTisioa&ivov. Our celery
were mostly he-goats. Mysteries were also cele- Apium graveolens, L.,
is that variety of the A. graveolens which is called
brated at Paphos in honour of Aphrodite ; and
those who were initiated offered to the goddess a
duke by Miller. The wild species has a bitter,
acrid taste, and is unfit to eat. According to th<"
piece of money, and received in return a measure
from
of salt and a phallus. In the mysteries themselves generality of writers, the term apium conies
apis, because bees are fond of this plant. A much
1. (Herald., Animadv. in Sahn., 182.) 2. (Compare Cic. better derivation, however, is from the Celtic apon t
Alt., v., 11, 12, 13 ; yi., 8. Liv., xxxi., 22. Hirt., Bell. Alex.
"
11, 13. CEES., Bell. Civ., i., 56. Atque contexerant, ut essen
ab ictu telorum remiges tuti," ii., 4. Polyb., i., 20, I) 15.) 3
(OiiSe TO, jrAeua K-a0pa(cra txovraf, Thucyd., i., 10.) 4. (Od.
xii.,229.) 5. (aurai OUJTW il^xflv 8t& rdarj; KaTuorpw^ara, Thu
cyd., i., 14. Vid. Schefler, de Militia Navali, ii., c. 5, p. 130.)
.
(Tacit., Hist., ii., 3. Annal., iii., 62.) 7. (Virg., JEn.. i.
110.) -8. (Hist., ii , 3.)
G8
APLUSTRE. APOCYNON.
'*
vater." The French term ache comes from aches, or marine divinities, and regarded as symbols ol
tic
" a brook. '
a prosperous voyage, to be attached to the aplus-
in the same language, signifying
APLUSTRE (ufaaarov), an ornament of wooden tria and to these and similar decorations, express- ;
planks, which constituted the highest part of the ive of joy and hope, Gregory Nazianzen appears
poop of a ship. to allude in the phrase uvtiea Trpvuvqc, 1 and Apollo
The position of the aplustre is shown in the rep- nius Rhodius" in the expression d^/Uttmuo nopvptia.
resentations of ancient vessels in the articles AN- It is evident that the aplustre, formed of compar-
CHORA and ANTENNA. The forms there exhibited atively thin boards, and presenting a bread surlace
show a correspondence in the general appearance to the sky, would be very apt to be shaken by violent
and effect between the aplustre which terminated and contrary winds. Hence Rutilius, describing a
the stern, arid the a/cpoaro/Uov which advanced to- favourable gale, says: "Inconcussa vehit tranquillui
wards it, proceeding from the prow. (Vid. ACROS- aplustria flatus ; Mottia securo vela rudente tremunt."
TOLION.) At the junction of the aplustre with the In consequence of its conspicuous position and
stern,on which it was based, we commonly observe beautiful form, the aplustre was often taken as the
an ornament resembling a circular shield: this was emblem of maritime affairs. It was carried off as
called aaindelov or uaTridiaKT} It is seen on the a trophy by the conqueror in a naval engagement.
tvo aplustria here represented. Juvenal* mentions it among the decorations of a
triumphal arch.
Neptune, as represented on gems and medals,
sometimes holds the aplustre in his right hand and ;
adorn the vessel, and also to shew the direction of a specimen of a plant which he was satisfied was
the wind. In the figure of a ship, sculptured on the it. He refers to the Cynanchiis erectus, L. Dodo-
column of Trajan, we see a lantern suspended from ntpus confounds it with the Periploca, to which, as
the aplustie so as to hang over the deck below the Miller remarks, it bears a striking resemblance.
In like manner, when we read in Vir-
putwsrnator.
" Stephens describes it as being frequent in Burgun-
gil,* Puppibus et Itzti nautce imposufre coronas," we dy, having an ivy leaf, white flower, and fruit like
must suppose the garlands, dedicated to the domes- a"bean. f
9, 22. Apol- 1. (Carm. x., 5.) 2. (1. c.) 3. (x., 135.) 4. (Derr.osth. ic
1 (Apollon. Rhod., i. 1089.)- -2. (Apollodor., i.,
-
5. (Diosc
bn. Rhod.,ii.,601. Val. Place, iv.) 3. (II., xv., 716.) 4. (vi., Spud., 1029. Petit., Leg. Att., 235.) jr., iv.,
1(4 ) 5. (Georg., i., 304. .^n , iv., 416.) Adams, Append., s. v.)
APOGRAPHE. APOLLONIA.
APODECT^E (uirodeKTai) were public officers ordinary commissioners, as the cvMoyetf and
introduced by Cleisthenes in
who were rat, were appointed for the purpose. The suits in-
at Athens,
stituted against the cnroypa^T/ belonged to the ju
the place of the ancient colacretse (/cwAa/cperai).
each and risdiction of the Eleven, and, for a while, to tha<
They were ten in number, one for tribe,
The farther conduct of thest
their duty was to collect all theordinary taxes, and of the Syndici. 1
of the ad- causes would, of course, in a great measure, depend
distribute them to the separate branches
ministration which were entitled to them. They _
upon the claimant being or not being in possession
In the first case the
had the power to decide causes connected with the of the proscribed property.
if the a.Koypd<t>uv, in the second
the claimant, would ap-
subjects under their management; though, In a case Hike
matters in dispute were of importance, they were >ear in the character of a plaintiff.
decision into the ordinary hat of Nicostratus above cited, the claimant would
obliged to bring them for which he for-
courts. 1 )e obliged to deposite a certain sum,
APOG'RAPHE anoypaffi is, literally,
a " list or feited if he cause (irapaKaraBohTj) in all,
lost his ;
specification of property, said to belong to the state, ginated with the wife, she was said to leave hei
but actually in the possession of a private person ; msband's house (uTro/letTretv) if otherwise, to be
;
lustration. There would be two occasions upon )and called in witnesses to attest it, we may infei
which it would occur: first, when a person held that their presence upon such an occasion was cus-
as an intruder; 8
If, however, it was the
public property without purchase, tomary, if not necessary.
and, secondly, when the substance of an individual wife that first moved in the matter, there were othei
was consequence of a judi- jroceedings prescribed by a law of Solon and the
liable to confiscation in ;
cial award, as in the case of a declared state debt- jase of a virtuous matron like Hipparete, driven, by
or. If no opposition were offered, the uiroypatyr/ the insulting profligacy of her husband Alcibiades,
would attain its object, under the care of the ma- to appear before the archon sitting in his court, and
gistrate to whose office it was brought otherwise there relate her wrongs and dictate their enrcii
;
a public action arose, which is also designated by must have been trying in the extreme. No
the same title. was permitted to speak for her upon this occasion ;
In a cause of the first kind, which is said in for, until the separation was completed, her husband
nome cases to have also borne the name irodev was her legal protector, and her husband was now
f^et r <* xP*l uaTa Ka i iroaa ravra clj), the claimant ler opponent.
3
Whether the divorce was voluntary
against the state had merely to prove his title to the or otherwise, the wife resorted to the male relative,
property and with this
;
we must class the case of a with whom she would have remained if she had
person that impugned the airoypafyf/, whereby the never quitted her maiden state and it then became ;
substance of another was, or was proposed to be, tiis duty to receive or recover from her late husband
confiscated, on the ground that he had a loan by all the property that she had brought to him in ac-
way of mortgage or other recognised security upon knowledged dowry upon their marriage. If, upon
a portion of it; or that the part in question did not this, both parties were satisfied, the divorce was
in any way belong to the state debtor, or person so complete and final if otherwise, an action unofai- ;
mulcted. This kind of opposition to the cnroypa^ I[>EUC or cnroTrepipEue would be instituted, as the case
is illustratedin the speech of Demosthenes against
might be, by the party opposed to the separation.
Nicostratus, in which we learn that Apollodorus In this the wife would appear by her representa-
had instituted an airoypaty?} against Arethusius, for tive, as above mentioned but of the forms of the
;
non-payment of a penalty incurred in a former ac- trial and its results we have no information.
tion. Upon this, Nicostratus attacks the description APOLLO'NIA ('ArroMuvia) is the name of a pro-
of the property, and maintains that three slaves Sicyon in honour
pitiatory festival solemnized at
were wrongly set down in it as belonging to Are- cf Apollo and Artemis, of which Pausanias* gives
thusius, for they were, in fact, his own. the following account: Apollo and Artemis, after
In the second case, the defence could, of course, the destruction of the Python, had wished to be pu-
only proceed upon the alleged illegality of the for- rified at Sicyon (Mgialea) but, being driven away
;
mer penalty; and of this we have an instance in by a phantom (whence, in aftertimes, a certain spot
the speech of Lysias for the soldier. There Poly- in the town was called 06&>f), they proceeded to
aenus had been condemned by the generals to pay a Carmanos inhabitants of
in Crete. Upon this, the
fine for a breach of discipline; and, as h? did not
Sicyon were attacked by a pestilence, and the seers
pay it within the appointed time, an airoypaQr/ to ordered them to appease the deities. Seven boys
the amount of the fine was directed against him, and the same number of
girls were ordered to go to
which he opposes, on the ground that the fine was the river
Sythas, and bathe in its waters; then to
illegal. The (nroypcubf/ might be instituted by an carry the statues of the two deities into the Tem-
Athenian citizen but if there were no private pros- ple of Peitho, and thence back to that of Apollo.
;
was used to signify the day on which the trial took quitted, the unprosperous connexion ceased forever,
3
place. III. It was employed to indicate the ac- and the freedman was at liberty to select any citizen
count of a person's property, which was obliged to for his patron. The
patron could also summarily
be given when an uvridoais was demanded. (Vid. punish the above-mentioned delinquencies of his
ANTIDOSIS.) freedman by private incarceration without any le-
APOPH'ORA (7ro0opu), which properly means gal award.
6
" APOST'OLEIS (axoarofals) were ten public offi-
produce or profit" of any kind, was used at Ath-
ens to signify the profit which accrued to masters cers at Athens, whose duty was to see that the ships
from their slaves.* It thus signified the sum which were properly equipped and provided by those who
slaves paid to their masters when they laboured on were bound to discharge the Hierarchy. They had
their own account, and the sum which masters re- the power, in certain cases, of imprisoning the trier-
ceived when they let out their slaves on hire, either archs who neglected to furnish the ships
properly ;'
for the mines or any other kind of labour, and also and they appear to have constituted a board in con-
the money which was paid by the state for the use junction with the inspectors of the docks (ol TUV
of the slaves who served in the fleet. 5 The term veupiuv eTTifieZ.rjTai') for the prosecution of all mat-
uvo(j>opd was also applied to the money which was ters relating to the equipment of the ships. T
paid by the allied states to Sparta, for the purpose APOTHE'CA (uTrod^Kj]) was a place in the uppei
of carrying on the war against the Persians. When part of the house, in which the Romans frequently
Athens acquired the supremacy, these moneys were placed the earthen amphorae in which their wines
called <j>6poi.
*
were deposited. This place, which was quite dif-
APOPHORE'TA (unoQoprjTa) were presents, ferent from the ceUa mnaria, was above the fuma-
which were given to friends at the end of an enter- rium, sinceit was thought that the passage of the
tainment to take home with them. These presents smoke through the room tended greatly to increase
8
appear to have been usually given on festival days, the flavour of the wine.
especially during the Saturnalia.
6
APOTHEO'SIS (aTToflewffif), the enrolment of a
AIIO'<i>PAAES 'H'MEPAI ( ano^pw^ fyepai) mortal among the gods. The mythology of Greece
were unlucky or unfortunate days, on which no pub- contains numerous instances of the deification of
lic business, nor any important affairs of
any kind, mortals, but in the republican times of Greece we
were transacted at Athens. Such were the last three find few examples of such deification. The inhab-
7
days but one of every month, and the twenty-fifth itants of Amphipolis, however, offered sacrifices to
9
day of the month Thargelion, on which the plynte- Brasidas after his death; and the people of Egeste
ria were celebrated. 8 built a heroum to Philippus, and also offered sacri-
*APORRHA'IDES (uiroppuidef), a species of sea- fices to him on account of his personal beauty. 10 In
animal noticed by Aristotle, belonging to the genus the Greek kingdoms, which arose in the East t the
Murex according to Rondolet and Gesner. Lin- dismemberment of the empire of Alexander, it does
naeus calls it Cochlea aparrhafs. 9 not appear to have been uncommon for the success-
APORRHE'TA (om^ro), " or to the throne to have offered divine honours to
_
literally things for-
bidden," has two peculiar but widely different ac- the former sovereign. Such an apotheosis of Ptol-
ceptations in the Attic dialect. In one of these it emy, king of Egypt, is described by Theocritus in
"
taT\ ru onrb TMV fov\uiv Toif Sttrn6rai; Kafjt'xAft.tva %p/;#ara. mad. in Salmas., c. 13.) 2. (Isocr. in Loch., 396.) 3. (in Mid.,
iramonius.) 5. (Dernosth., c. Aphob., i., c. 6, p. 819 c. Ni- ; 540, 543. Vid. etiam Hudtwalcker, de Diietet., p. 150.) 4
(Aristot., De
Ath. Rep., quoted by Harpocrat.) 5. (Petit.,
Legg. Attic., 6. (Demosth., pro Cor., p. 262.)
p. 261.) 7. (De-
mosth., c. p. 1147.
Euerg .,
c. 34. Lucian, Pseudolosr., c. 13. Schumann, De Connt. Ath., (Colum., i., 6, $ 20. Hor., Carm. iii., 8, 11 Sat. ii., 5,7.
;
p. 50.) 9. (Adams, Append., s. v.) 10. (Pub. Econ. of Athens, Heindorff in loc.) 9. (Thucyd., v., 11.) 10. tHerod., v., 48.)
i., p 76.) -11 .
(Meier, Att. Process, p. 482.) 11. (Casaubon ia Suet., Jul., 88.)
71
APOTHEOSIS. APPELLATIO.
honours to be publicly paid to a deceased emperor, from these medals alone, trace the names of sixty
who was regarded as the parent of his country. individuals who received the honours of an apothe-
This apotheosis of an emperor was usually called osis, from the time of Julius Caesar to that of Con-
consecratio; and the emperor who received the hon- stantine the Great. On most of them the word
our of an was usually said in deorum nu-
apotheosis CONSECRATIO occurs, and on some Greek coins th
merum refern, or amsecrari. Romulus is said to have word A*1EP12C1S. The following woodcut is t?
been admitted to divine honours under the name of
1
duirinus.
None of the other Roman kings appears to have
received this honour; and also in the republican
times we read of no instance of an apotheosis. Ju-
lius Caesar was deified after his death, and games
were instituted to his honour by Augustus.
2
The
ceremonies observed on the occasion of an apothe-
8
osis have been minutely described by Herodian
" It is the custom of the
in the following passage :
day senators sit round the bed on the left side, clo-
A very similar representation to the above is
thed in black, and noble women on the right, clo- found on the triumphal arch of Titus, on which Ti-
tus is represented as being carried
thed in plain white garments, like mourners, wear- up to the skies
ing no gold or necklaces. These ceremonies con-
on an eagle.
tinue for seven days and the physicians severally
; Many other monuments have come down to us
approach the couch, and, looking on the sick man, which represent an apotheosis. Of these the most
say that he grows worse and worse. And when celebrated is the bas-relief in the Townley gallery
in the British Museum, which represents the apothe-
they have made believe that he
is dead, the noblest
of the equestrian and chosen youths of the senato- osis of Homer. It is of Roman workman-
clearly
rial orders take up the couch, and bear it along the ship,and is supposed to have been executed in the
Via Sacra, and expose it in the old forum. Plat- time of the Emperor Claudius. An interesting ac-
forms, like steps, are built upon each side, on one of count of the various explanations which have been
which stands a chorus of noble youths, and on the proposed of this bas-relief is given in the Townley
opposite a chorus of women of high rank, who sing Gallery, published by the Society for the- Diffusion
hymns and songs of praise to the deceased, modu- of Useful Knowledge, vol. ii., p. 119, &c.
lated in a solemn and mournful strain. Afterward There is a beautiful representation of the apothe-
osis of Augustus on an onyx-stone in the
they bear the couch through the city to the Campus royal mu-
Martius, in the broadest part of which a square pile seum at Paris.
is constructed
entirely of logs of timber of the lar-
The wives, and other female relatives of the em-
gert size, in the shape of a chamber, filled with, fag- sometimes received the honour of an apothe-
perors,
ots, and on the outside adorned with hangings in- osis. This was the case with Livia Augusta, with
terv oven with gold, and ivory images, and pictures. Poppsea the wife of Nero, and with Faustina the
UpoA this a similar but smaller chamber is built, wife of Antoninus. 8
with open doors and windows, and above it a third For farther information on this subject, see
and itmrth, still diminishing to the top, so that one Mencken, Disputatio de Consccratione, &c. and ;
might compare it to the lighthouses which are call- Schoepflin, Tractatus de Apotheosi, &c., Argent., 1730
ed Phiri. In the second story they place a bed, APPARITO'RES, the general name for the pub-
and collect all sorts of aromatics and incense, and lic servants of the magistrates at
Rome, namely, the
every sort of fragrant fruit, or herb, or juice for all ;
ACCENSI, CARNIFEX, COACTORES, INTERPRETES,"LIC-
cities, and nations, and persons of eminence emu- TORES, PRJECONES, SCRIES, STATOR, STRATOR, VIA-
late each other in
contributing these last gifts in TORES, of whom an account is given in separate ar-
honour of the emperor. And when a vast ticles. They were called apparitores because they
heap of
aromatics is collected, there is a procession of horse- were at hand to execute the commands of the ma-
men and of chariots around the pile, with the dri- gistrates.
3
Their service or attendance was called
vers clothed in robes of office, and
wearing masks apparitio* The servants of the military tribunes
made to resemble the most distinguished Roman were also called apparitores. We
read that the
generals and emperors. When all this is done, the Emperor Severus forbade the military tribunes to
others set fire to it on
every side, which easily retain the apparitores, whom they were accustomed
catches hold of the fagots and aromatics and from to have. 8
;
the highest and smallest story, as from a Under the emperors, the apparitores were divided
pinnacle,
an eagle is let loose, to mount'into the into numerous classes, and enjoyed
sky as the fire peculiar privi-
ascends, which is believed by the Romans to carry leges, of which an account is given in Just., Cod. 12,
the soul of the emperor from earth to 52-59.
heaven, and
tit.
from that time he is worshipped with the other
gods." APPELLA'TIO (GREEK), (tyr or avatiKia).
In conformity with this
account, it is common to Owing to the constitution of the Athenian tribunals,
see on medals struck in honour of an each of which was
apotheosis an generally appropriated to its
al :ar with fire on it, and an
eagle, the bird of Jupi-
ter, taking flight into the air. The number of med- 1. (Montfaucon, Ant.
Expl. Suppl., vol. v., p. 137'2 (Suet
als of this dc. icription is
very numerous. can, We Claud., 11. Dion., lx., 5. Tac.. Ann., xvi., 21 -Cupitolin.
Anton. Philos., 26.) 3. (" Quod HE apparebant e-
pra^to eranl
ad obsequium." Serv. in Virg.,
1. (Plut., Rom., 27. 28. Liv.. i., 16. Cic., De Rep., ii 10
JEn., xii., 850 CV pro Cm
*
)
ent., c. 53. Liv., i., 8.) 4. (Cin., ad Fam.. xi)> , 54 a/J Q
fSuet., Jnl.,8l\.) 3 (iv., 3.)
Fr.. i.. 1. 4 4.55. (Lamprid., Sev.. c. 52.)
APPELLATIO. APPELLATIO.
particular subjects of cognizance, and, therefore, place when the king archon had by rx sole voice
could not be considered as homogeneous with, or made an award of dues and privileges (yepa) con-
subordinate to, any other, there was little opportu- testedby two priesthoods or sacerdotal races.
1
zens, contends that some disinterested state would ( dinavTT/piov) to give him the opportunity of vindica-
probably be selected for this purpose. The techni- ting himself from a charge that his antagonist de-
cal words employed upon this occasion are EKKO- clined to follow up. Platner also supposes the case
Aejv, iKKafolaOai, and rj SKK^TOC, the last used as a of a magistrate summarily deposed by the assem-
substantive, probably by the later writers only, for bly, and demanding to prove his innocence before
tyscic* This, as well as the other cases of the heliasts.
ap-
3
peal, are noticed by Pollux in the following words: APPELLA'TIO (ROMAN). This word, and
!
"E(4c(T4f is when one transfers a cause from the the corresponding verb appellare, are used in the
arbitrators (diaiTijrai), or archons, or men of the early Roman writers to express the application of
an individual to a magistrate, and particularly to a
township (fc)(i6tat), to the dicasts, or from the sen-
ate to the assembly of the tribune, in order to protect himself from some wrong
people, or from the as-
sembly to a court (6iKatjTJipi.ov), or from the dicasts inflicted, or threatened to be inflicted. It is distin-
to a foreign tribunal and the cause was then term- guished from frovocatio^ which in the early writers
;
is used to signify an appeal to the
ed tyeaifioe. Those suits were also called
limhrjToi
populus in a
tiiKai. The deposite staked in appeals, which we matter affecting life. It would seem that the provo-
now call Trapadohiov, is by Aristotle styled Kapafio- catio was an ancient right of the Roman citizens.
tov." The appeals from the diaitetae are
The surviving Horatius, who murdered his sister,
generally 5
mentioned by Demosthenes ;* and Hudtwalcker appealed from the duumviri to the populus. The
sup- decemviri took the provocatio but it was re-
poses that they were allowable in all cases except away ;
mca among the Romans, "on account of the injus- mains of this work no longer exist.
tice or ignorance of tbese who had to decide (judi- Forty years afterward (B.C. 273) a second aquae-
canus), though sometimes an appeal alters a proper duct was begun by M. Curius Dentatus, by which
decision, as it is not a necessary consequence that the water was brought from the river Anio, 20 miles
he who gives the last gives also the best decision." above Tibur (now Tivoli), making an extent cf
This remark must be taken in connexion with the 43,000 passus, of which only 702 were above ground
Roman system of procedure, by which such matters and upon arches. This was the one afterward
were referred to a judex for his decision, after the known by the name of Anio Vetus, in order to dis-
pleadings had brought the matter in dispute to an tinguish it from another aquaeduct brought from the
issue. From the emperor himself there was, of same river, and therefore called Anio Novus. Of
course, no appeal and, by a constitution of Hadri- the Anio Vetus considerable remains may yet be
;
an, there was no appeal from the senate to the em- traced, both in the neighbourhood of Tivoli and in
peror. The emperor, in appointing a judex, might the vicinity of the present Porta Maggiore at Rome.
exclude all appeal, and make the decision of the It was constructed of blocks of Peperino stone, and
judex final. The appeal, or libellus appdlatorius, the water-course was lined with a thick coating of
showed who was the appellant, against whom the cement.
appeal was, and what was the judgment appealed In B.C. 179, the censors M. .^Emilius Lepidus and
from. M. FlaccusNobilior proposed that another aquae-
Appellatio also means to summon a party before duct should be built but the scheme was defeated,
;
a judex, or to call upon him to perform something in consequence of Licinius Crassus refusing to let
that he has undertaken to do.* The debtor who it be carried through his lands.
8
more abundant A
was summoned (appellafais) by his creditor, and supply of water being found indispensable, particu-
obeyed the summons, was said respondere. larly as that furnished by the Anio Vetus was of
APPLICATIONS JUS. (Vid. BANISHMENT.) such bad quality as to be almost unfit for drinking,
APPULEIA LEX. (Vid. MAJESTAS.) the senate commissioned duintus Marcius Rex, the
APRI'LIS. (Vid. CALENDAR, ROMAN.) prsetor, who had superintended the repairs of the
AUPOSTASlOr rPA$H (aTrpoaraaiov ypa^), an two aquseducts already built, to undertake a third,
action brought against those metosci, or resident which was called, after him, the Aqua Marcia.'
aliens, who had neglected to provide themselves This was brought from Sublaqueum (Subiaco)
with a patron (Trpoara-rif), or exercised the rights along an extent of 61,710 passus; viz., 54,267 un-
oi' full citizens, or did not
pay the fj.eroiKt.ov, a tax der ground, and 7443 above ground, and chiefly on
of twelve drachma exacted from resident aliens. arches and was of such elevation that water could
;
Persons convicted under this indictment forfeited be supplied from it to the loftiest part of the Capito-
the protection of the state, and were sold as slaves. 8 line Mount. Of the arches of this aquaeduct a con-
*APUS (u-Kovg), a species of bird, called also siderable number are yet standing. Of those, like-
KfyeMof.' It is thought to have been the same wise, called the Aqua Tepula (B.C. 127), and the
with the Swift, or Hirundo apvs, L. Pennant, how- Aqua Julia (B.C. 35), which are next in point of
ever, contends that the Cypsellus of Aristotle and date, remains are still existing; and in the vicinity
Pliny was the Procellaria pelagica, or Stormy Petrel. 6 of the city, these two aquaeducts and the Marcia
AaiT^E DUCTUS usually signifies an artificial were all united in one line of structure, Iforming
channel or water-course, by which a supply of wa- three separate water-courses, one above the other,
ter is brought from a considerable distance
upon the lowermost of which formed the. channel of the
an inclined plane raised on arches, and carried Aqua Marcia, and the uppermost that of the Aqua
across valleys and uneven
country, and occasion- Julia, and they discharged themselves into one res
ally under ground, where hills or rocks intervene. ^rvoir in common. The Aqua Julia was erected
As nearly all the ancient aqueeducts now remain- 3y M. Agrippa during his asdileship, who, besides
Ing are of Roman construction, it has been generally repairing both the Anio Vetus and the Aqua Mar-
imagined that works 01 oiis description were entire- cia, supplied the city with seven hundred wells
ly unknown to the Greeks. This, however, is an 'locus), one hundred and fifty springs or fountains
error, since some are mentioned by Pausanias and and one hundred and thirty reservoirs.
others, though too briefly to enable us to judge of Besides repairing and enlarging the Aqua M.'*r-
ia, and, by turning a new stream into it, increasing
their particular construction whether ; they consist-
ed chiefly of subterraneous channels bored
through its supply to double what it formerly had been, Au-
hills, or, if not, by what means they were carried gustus built the aquaeduct called Ahietina, some-
across valleys, since the use of the The watel
arch, which is imes called Augusta after its founder.
said to have been unknown to the
Greeks, was in- furnished by it was brought from the Lake of Al-
dispensable for such a purpose. Probably those sietinus, and was of such bad quality as Ic be scarce-
which have been recorded such as that built
by 'y fit for drinking; on which account it has been
Pisistratus at Athens, that at Megara, and the cele-
supposed that Augustus intended it chiefly for fill-
brated one of Polycrates at Samos" were rather
ing his naumachia, which required more water than
conduits than ranges of building like the Roman could be
spared from the other aquaeducts, its basin
ones. Of the latter, few were constructed in the being 1800 feet in length and 1200 in breadth. It
times of the Republic. We are informed by Fron- was in the reign, too, of this
emperor that M. Agrip-
1. (Dig. 49. tit. 1.) 2. (Cic., ad Att., i., 8.) 3. (Phot., p pa built the aquaeduct called the Aqua Virgo, which
478, Pors. Bekker, Anecdot. Gr., p. 201, 434, 440.) 4. (Aris-
H. A., ix
:ot.,
iii . 60.)
21.) 5. (British Zoology,
p. 554.) 6. (Herod., 1. (Liv., ix., 29. Diod. Sic., nc., M ) 2- (liv., il., 51.)-%
(Plin., xxxvi., 24, $ 9.)
DUCTUS AQ.UJE DUCTUS.
name it is said to have obtained becaise the spring woiks of the kind anywhere remaining. It is en.
which supplied it was first pointed out by a girl to tirely of stone, and of great solidity, (he piers being
some soldiers who were in search of water. Pliny, eight feet wide and eleven in depth and where it ;
1
however, gives a different origin to the name. Its traverses a part of the city, the heipht is upward o
length was 14,105 passus, of which 12,865 were un- a hundred feet, and it has two tiers of arches, the
der ground; and, lor some part of its extent above lowermost of which are exceedingly lofty.
ground, it was decorated with columns and statues. After this historical notice of some of the princi-
Thif aquceduct still exists entire, having been re- pal aquaeducts both at Rome and in the provinces,
stored by Nicholas V., although not completely un- we now proceed to give some general account ot
tiltht pontificate of Pius IV., 1568, and it still bears their construction. Before the mouth or opening
the name of Aqua Verg-inc. A
few years later, a into the aquaeduct was, where requisite, a large ba-
second aquaeduct was built by Augustus, for the sin (piscina, li-masa), in which the water was collect-
purpose of supplying the Aqua Marcia in times of ed, in order that it might first deposite its impuri-
drought. ties; and similar reservoirs were fonned at inter-
The two gigantic works of the Emperor Claudius, vals along its course. The specus, or water-channel,
Aqua Claudia and Anio Novus, doubled the was formed either of stone or brick coated with ce-
viz., the
former supply of water and although none of the ment, and was arched over at top, in order to ex-
;
later aquaeducts rivalled the Marcia in the vastness clude the sun, on which account there were aper-
and solidity of its constructions, they were of con-
tures or vent-holes at -certain distances; or where
siderably greater extern. The Claudia had been two or more such channels were carried one above
begun by Caligula in the year A.D. 38, but was the other, the vent-holes of the lower ones wore
Completed by his successor, and was, although less fonned in their sides. The water, however, besides
copious in its supply, not at all inferior to the Mar- flowing through the specus, passed also through
cia in the excellence of its water. The other was, pipes either of lead or burned earth (terra-cotta),
if not so celebrated for the quality of the water itself, which latter were used not only on account of their
remarkable for the quantity which it conveyed to greater cheapness, but as less prejudicial to the
the city, it being in that respect the most copious of freshness and salubrity of the water. As far as was
them all. Besides which, it was by far the grandest practicable, aquaeducts were carried in a direct line ;
in point of architectural effect, inasmuch as it pre- yet they frequently made considerable turns and
sented, for about the extent of six miles before it windings in their course, either to avoid boring
reached the city, a continuous range of exceedingly through hills, where that would have been attended
lofty structure, the arches being in some places 109 with too much expense, or else to avoid, not only
feet high. It was much more elevated than any of very deep valleys, but soft and marshy ground.
the other aquseducts, and in one part of its course In every aquaeduct, the castetta or reservoirs were
was carried over the Claudia. Nero afterward very important parts of the construction and be- ;
made additions to this vast work, by continuing it sides the principal ones that at its mouth and that
as far as Mount Caelius, where was a temple erected at its termination there were usually intermediate
to Claudius. ones at certain distances along its course, both in
The Aqua Trajana, which was the work of the order that the water might deposite in them any re-
emperor whose name it bears, and was completed maining sediment, and that the whole might be
A.D. Ill, was not so much an entirely new and dis- more easily superintended and kept in repair, a de-
tinct aquneduct as a branch of the Anio Novus fect between any two such points being readily de-
brought from Sublaqueum, where it was supplied by tected. Besides which, these castella were service-
a spring of purer water than that of the Anio. It was able, inasmuch as they furnished water for the irri-
in the time of this
emperor, and of his predecessor gation of fields and gardens, &c. The principal
Nerva, that the superintendence of all the aquae- castellum or reservoir was that in which the aquae-
ducts was held by Sextus Julius Frontinus, whose duct terminated, and whence the water was con-
treatise De Aquadudibus has supplied us with the veyed by different branches and pipes to various
fullest information now to be obtained relative to parts of the city. This far exceeded any of the oth-
their history and construction. ers, not in magnitude alone, but in solidity of con-
In addition to the aquaeducts which have been al- struction and grandeur of architecture. The re-
ready mentioned, there were others of later date : mains of a work of this kind still exist in what are
namely, the Antoniana, A.D. 212; the Alexandrina, called the Nove Sale, on the Esquiline Hill at Rome ;
A.D. 230; and the Jovia, A.D. 300; but these seem while the Piscina Mirabile, near Cuma, is still more
to have been of comparatively little note, nor have interesting and remarkable, being a stupendous con-
we any particular account of them. struction about 200 feet in length by 130 in breadih,
The magnificence displayed by the Romans in whose vaulted roof rests upon forty-eight immense
their public works of this class was by no nitons pillars, disposed in four rows, so as to form five
confined to the capital for aquseducts more or less aisles within the edifice, and sixty arches.
;
stupendous were constructed by them in .various Besides the principal castellum belonging to each
and even very remote parts of the empire atNico- aquaeduct (excepting the Alsietina, whose water
media, Ephesus, Smyrna, Alexandrea, Syracuse, was conveyed at once to the baths), there were a
Metz, Nismes (the Pont du Card), Lyons, Evora, number of smaller ones altogether, it has been
Menda, and Segovia. That at Evora, which was computed, 247 in the different regions of the city,
built by duintus Sertorius, is still in good preserva- as reservoirs for their respective neighbourhoods.
tion ; and at its termination in the city has a very The declivity of an aqueeduct (libramentum, aqua)
elegant castellum in two stories, the lower one of was at least the fourth of an inch in every 100 feet/
which has Ionic columns. Merida in Spain, the or, according to Vitruvius, 3 half a foot.
Augusta Emerita of the Romans, who established a During the times of the Republic, the censors and
colony there in the time of Augustus, has among its aediles had .the superintendence of the aqiiseducts;
other antiquities the remains of two aquaeducts, of but under the emperors particular officers were ap-
one of which thirty-seven piers are standing, with pointed for that purpose, under the title of curatores,
thiee tiers of arches; while of the other there are or prcefedi aquarum. These officers were first cre-
3
only two which form part of the original construc- ated by Augustus, and were invested with consid-
tions, the rest being modem. But that of Segovia, erable authority. They were attended outside the
for which some Spanish writers have claimed an city by two lictors, three public slaves, a secretary,
antiquity anterior to the sway of the Romans in ana other attendants.
Spain, is one of the most perfect and magnificent In the time of Nerva and Trajan, about seven
1. (H. N , MX!., 25.) 1. (Plin., H. N., xxxi., 31.) 2. (viii., 7.) 3. (Suet, Aug., S7.J
AdUARII. ARA.
land for the purposes of cultivation were not to be merely a varie'ty of the Erne. The term irvyapyoc
"
signifies White-tailed." 7. The specits called
considered as acts interfering with the natural flow
of the waters. Water which increased from the yv-fjaiof by Aristotle is confidently referred by Har-
douin to the Golden Eagle, which, as Buffbn re-
falling of rain, or in consequence of rain changed
its colour, was considered within the definition of marks, is the noblest and largest of the genus. Jt is
the Aquila Chrysateos, Vigors. 7
aqua pluvia; for it was not necessary that the water
in question should be only rain-water, it was suffi- AdUILLIA LEX. (Vid. DAMNUM.)
cient if there was any rain-water in it. Thus, when ARA (fluuoc, dvTripiov), an altar.
water naturally flowed from a pond or marsh, and a Ara was a general term denoting any structure
elevated above the ground, and used to receive upon
person did something to exclude such water from
it offerings made to the gods. Altare, probably con-
coming on his land, if such marsh received any in-
crease from rain-water, and so injured the land of tracted from alta ara, was properly restricted to
a neighbour, the person would be compelled by this the larger, higher, and more expensive structures.
action to remove the obstacle which he had created Hence Menalcas, 9 proposing to erect four altars,
to the free passage of the water. viz., two to Daphnis, and two, which were to be
"
high altars, to Apollo, says, En quattuor aras: Ecce
This action was allowed for the special protection
of land (ager) if the water injured a town or a
:
duas tibi, Daphni; dttas, aliaria, Phabo." Servias,
building, the case then belonged to flumina and in his commentary on the passage, observes, that
stillicidia. The action was altana were erected only in honour of the superior
only allowed to prevent
damage, and, therefore, a person could not have this divinities, whereas ara were consecrated not only
to them, but also to the inferior, to heroes, and to
remedy against his neighbour, who did anything to
.>is own land
by which he stopped the water which demigods. On the other hand, sacrifices were offer-
would otherwise flow to his neighbour's land, and beed to the infernal gods, not upon altars, but in cavi-
profitable to it. The title in the Digest contains ties (scroles, scrobiculi, ftodpoi, huKnoi) dug in the
9
many curious cases, and the whole is well worth ground. Agreeably to this distinction, we find that
perusal.* in some cases an altare was erected upon an ara, or
AdUA'RII were slaves who carried water for ba- even several high altars upon one of infrrior eleva-
thing, &c., into the female apartments.* The aquarii tion.
were also public officers who attended to the aquae-
ducts. (Vid. AaujE DUCTUS.) 1. (H. A., ix., 22.) 2. (Willoughby's Ornithology, lib. ii..
art. 5.) 3. (II., xxiv., 316.) 4. (Gesner, de A 'bus. Brooke'*
1. (Cic., ad Fam., viii., 6. Cod. xii.. tit. 42 or 43, s. 10.) 2. Nat. Hist., vol. ii., p. 4.) 5. (in Plin., H. N x., ].)---6. (ii.,
(Dip. 39, tit. 3. Cie., pro Munen., c. 10. Bofi- -
Topic., c. 9. 58.) 7. (Adams, Append., 8 8. (Virg., jy log., v. 65.1
thius, Comment, in Cic., Top., iv., c. 9.) 3. (Juv., vi., 332.) (Festus, s. v. Altaria.)
ARA. ARA.
x\.\ u s \&e ancients almost every religious represents an altar, which was found, with M>re
.xii accompanied by sacrifice, it was often
1
a.ct others, at Antium. It bears the
inscription ARJ
ueciwary to provide altars on the spur of the oc- VENTORVM. On it is sculptured the rostrum of a
iasion, and they were then constructed of earth, ship, and beneath this is a figure emblematic of the
>ods, or stones, collected on the spot. Thus, wind. He floats in free space, blows a shell, and
"
Also, when wears a chlamys, which is uplifted by the breeze.
1
Erezii subitas congt&u, ccspUis aras."
^Encas and Turnus are preparing to fight in single In the second altar the eaxapti is distinguished bj
combat, wishing to bia-i themselves by a solemn being hollow. Indeed altars, such as that on the
oath, they erect aras gra-mineas? Availing himself left hand, were rather designed for sacrifices of
cf this practice, Telamcn adroitly warded off the fruits, or other gifts which were offered withou
efferts of the jealousy of Hercules, whose rage he fire, and they were therefore called unvpoi.
had excited by making the first breach in the walls When the altars were prepared for sacrifice, they
*f Ilium, and thus appearing to surpass his com- were commonly decorated with garlands or festoons.
panion in glory. Pursued bj Hercules, who had The leaves, flowers, and fruits of which these were
already drawn his sword, and! eeing his danger, he composed were of certain kinds, which were con-
set about collecting the scattered stones and when sidered as consecrated to such uses, and were called
;
almost uniform types of the form of an altar, and the raven, the laurel, the lyre or cithara to Bac- ;
will be found in all the figures inserted underneath. chus, the panther, the thyrsus, the ivy, Silenus,
The altar on Avhich the gods swore, when they bacchanals to Venus, the dove, the myrtle to ; ;
leagued with Jupiter against the Titans, became a Hercules, the poplar, the club, the labours of Her-
constellation consisting of four stars, two on the cules to Sylvanus, the hog, the lamb, the cypress.
;
lireplace and two on the base.* Strabo says 7 that the principal altar of the Temple
It appears, also, that a movable pan or brazier of Diana at Ephesus was almost covered with the
(kir'nrvpov) was sometimes used to hold the fire.' works of Praxiteles. Some of the altars which
Altars were either square or round. The latter still remain are wrought with admirable taste and
form, which was the less common of the two, is elegance. We
give, as a specimen of the elaborate
*emplified in the following figures style, the outline of an Etruscan altar, in contrast
:
IOVI
OPT. MAI.
ET HERCVLI
That on the left hand is from a painting at Her- INVICTO
culaneum. The altar is represented as dedicated C. TVTICANVrf
to the genius of some spot on Mount Vesuvius. CALLIAT.
He appears in the form cf a serpent, 7 and is par- EX VOTO
taking of the figs and fir-cones which have been
We select this example, becaus J illustrates the -
offered to him on the altar. The right-hand figure fact that the same altar was often erected in honoui
1. (Lucan, ix., 988.) 2. (Virg., JEn., iii., 118.) 3. (Apol- 1. (Montfaucon, Ant. Erpl., ii., pi. 51.) 2. (Hor., Cwm. iv,
lod., II., vi., 4. Vid. eciam Hor., Carm. I., xix., 13.) 4. (Eu- 11.) 3. (xxvi.,3,4.)4. (Vid. etiam Tevent., Andr., iv.. 4, 5.
'*
rip., Andr., 1115.) 5. (Eratosth., Cataster., 39. Compare Donutus in loc. Coronatse ariE, 1? ropert.j iii, lu.-^ INcxis
ol more than onedivinity. It va.-, however, neces- The altar is about half as high as the pedestal of
should Live something in the statue, placed immediately in front of it, and
sary that such divinities
adorned with a wreath of verbenae. The statue
common, so that they might be properly associated ;
and deities having this relation to one another were stands in an A<rof, or grove of laurel. One of the
called Dii communes. foot avp6u[ioi, bftdtofuot, or saciificers, probably the Emperor Trajan, appears
At there were six altars, to be taking an oath, which he expresses by lifting
KoivoSufiioi." Olympia
each ?acred to two divinities, so as to
make twelve up his right hand and touching the altar with his
spear. This sculpture also shows the appearance
gods in all.'
Onthe other hand, we find that it was not un- of the tripods, which were frequently used instead
usual to jrect two or more altars to the same of altars, and which are explained under the arti-
divinity, si the same spot
and on the same occa- le TRIPOS.
sion. We
have already produced an example of We have already had occasion to advert, in sey-
from and the very same ral instances, to the practice of building altars in
this Virgil's fifth eclogue ;
expression is in part repeated by
him in the ^Eneid the open air wherever the occasion might require,
:
"En quattuor aras Nepbuno."* In Theocritus, as on the side of a mountain, on the shore of the
5
hecatombs were sacrificed ; for it was then neces- hey were erected either before the temple, as shown
in the woodcut in the article ANT^E, and beautifully
sary that the number of altars should correspond
to the multitude of the victims. A
ceremony of :xempliried in the remains of temples at Pompeii,
1
this description, recorded by Julius Capitolinus, or within the cella of the temple, and principally
seems to have been designed in imitation of the Before the statue of the divinity to whom it wa's
practice
of the heroic ages. He says that, when dedicated. The altars in the area before the temple
2
"ihe head of the tyrant Maximin was brought to J3ufj,ol Trpovuoi )
were altars of burnt-offerings, at
Rome, Balbinus, to express the general joy, built which animal sacrifices (victimce, atydyia, lepela)
in one place 100 altars of turf (aras cespitttias), on were presented only incense was burned, or cakes :
which were slain 100 hogs and 100 sheep. But a and bloodless sacrifices (-(hfiiuuaTa, dva) offered on
more distinct exhibition of the scene is given in the altars within the building.
the Iliad, 6 when the Greeks assembled at Aulis Altars were also placed before the doors of private
present a hecatomb. A beautiful plane-tree is seen houses. In the Andria of Terence, a woman is
3
riband with purple spots in the centre, songs being the KTJKTOV upoTpov of Homer and Hesiod. " It is
sung to the guitar by the actors of the stage. The composed," says he, "of two curved pieces of wood,
public teacher (yvfivaaiapxo?) led his boys and one longer than the other. The long piece form*
the pole, and one end of it being joined to the other
youths in procession, probably to the heroum of
Aratus, followed by the senators adorned with gar- piece about a foot from the bottom, divides it into a
lands, after whom came those citizens who wished share, which is cased with iron, and a handle. The
tc join the procession. The Sicyonians still ob- share is, besides, attached to the
pole by a short
serve, he adds, some parts of the solemnity, but the crossbar of wood. Two oxen, with no other har-
principal honours have been abolished by time and ness than yokes, are joined to the pole, and driven
other circumstances. 6 by the ploughman, who holds the handle in his left
ARA'TRUM (aporpov), a plough. hand, and the goad in his right."
1
A beautiful view
The Greeks appear to have had, from the earliest of the plain of Elis, representing this plough in use,
is given by Mr. S.
times, diversities in the fashion of their ploughs. Stanhope in his Olympiad
Hesiod* advises the farmer to have always two
1
of it. Mr. Fellows 9 observes that each portion of duplici aptantur dentalia dorso." According to
this instrument is still called by its ancient Greek Palladius,* it was desirable to have ploughs both
name, and adds, that it seems suited only to the with earth-boards (aurita) and without them (sim-
Ugh; soil prevailing where he observed it; that it is flida).
a. v.) 2. II. P., 6.
2. The handle, which is seen "in Mr. Felkws's
1 (Adams, Append., (Theophrast ., i.,
Adams, Append., s. v.) 3.(Theophrast., H. P., i. 6.) i. (Paus., woodcut, and likewise in the following representa-
ii., 0, <) 4.) 5. (c. 53.) 6. (Wachsmuth, Hellen. Alterthnm., tion of an ancient Italian plough. Virgil considers
ii.,2, p. 105.) 7. (Op. et Dies, 432.) 8. (Compare Schol. in
Apoll. Rhod., iii., 232. Horn., II., x., 353 xiii., 703 ; and Schol.
; 1. (Hobhouse, Journey through Albania, &c., vol. i., p I49.J
in Inc.) 9. (Excursion in Asia Minor, 1838, p. 71.) -2 (p. 42.) & jGeorg., i., 16Q, 170.) 4. (i., 43.)
79
AKATRUM. ARBUTUM.
this part as used to turn the plough at the end
of went the " proscissio" was called ve^vactum or no>
the mrrow
"
Stivaque, qua currus a tergo torqueat
:
and in this process the coulter was em-
vale (ve6f),
imos." Servius, however, in his note on
this line, ployed, because the fresh surface war. entangled
" the handle with numberless roots, which requirec" >( e divided
explains stiva to mean by which the
as the before the soil could be turned up ':* ::ie share. 1
plough is directed." It is probable that,
dentalia, i. e., the two share-beams,
which Virgil The term " offringere," from ob and jrcmgere, was
supposes, were in the form of
the Greek letter A, applied to the second ploughing, because the long
which he describes by duplici dorso, the buris was parallel clods already turned up were broken and
fastened to the left share-beam, and the stiva to the cut across, by drawing the plough through them al
of the right angles to its former direction. 2 The field
right ; so that, instead of the simple plough
Greeks, that described by the Mantuan poet, and which underwent was called ager itera-
this process
3
tus After the second ploughing, the sow-
used, no doubt, in his country (see the iollowing (JtTTo/lof.
er cast his seed. Also the clods were often, though
woodcut), was more like the modern
Lancashire
held behind with both not always, broken still farther by a wooden mallet,
plough, which is commonly
hands. Sometimes, however, the stiva (e^eTvV) or by harrowing (occatio). The Roman ploughman
was used alone and instead of the tail, as in the then, for the first time, attached the earth-boards to
Mysian plough above represented. To a plough his share (tabula adnexa*). The effect of this ad-
so constructed, the language of Columella was es- justment was to divide the level surface of the
"Arator stives pczne redus inniti- "ager iteratus" into ridges. These were called
pecially applicable: "
iur /"* and the expressions of Ovid, Stivtzque in- porcce, and also lira, whence came the verb lirare,
" make and also from the
nixus arator" 3 and Inde preinens stivam designed to ridges, delirare, to decline
5
mania sulco."* In place of "stiva" Ovid also uses straight line. The earth-boards, by throwing the
" "
the less appropriate term capulus :"* Ipse manu earth to each side in the manner already explained,
capulum prcnsi moderalus aratri." When the plough both covered the newly-scattered seed, and formed
was held either by the stiva alone, 'or by the buris between the ridges furrows (atfAa/cef, sulci) for car-
alone, a piece of wood (manicula*) was fixed across rying off the water. In this state the field was call-
the summit, and on this the labourer pressed with ed seges and rpmoTiog. The use of this last term
both hands. Besides guiding the plough in a by Homer and Hesiod proves that the triple plough-
straight line, his duty was to force the share to a ing was practised as early as their age.
sufficient depth into the soil. Virgil alludes to this' When the ancients ploughed three times only, i'
" 7
in the phrase Depresso aratro." was done in the spring, summer, and autumn oi the
The crossbar, which is seen in Mr. Fellows's same year. But, in order to obtain a still heaviei
drawing, and mentioned in Sir J. C. Hobhouse's crop, both the Greeks and the Romans ploughed
description, and which passes from the pole to the four times, the proscissio being performed in the
.share for the purpose of giving additional strength, latter part of the preceding year, so that between
was called airddri, in Latin fulcrum. one crop and another two whole years intervened.*
The coulter (culter*} was used by the Romans as A field so managed was called rerpaTro/lof. 7
it is with us. It was inserted into the pole so as to When the ploughman had finished his day's .a-
depend vertically before the share, cutting through bour, he turned the instrument upside down, and ihe
the roots which came in its way, and thus preparing oxen went home dragging its tail and handle over,
for the more complete loosening and overturning of the surface of the ground a scene exhibited to us in
the soil by the share. the following lines :
About the time of Pliny, two small wheels (rotes, " vomerem inversum boves
Viderefessos
lotulee) were added to the plough in Rhsetia; and Collo trahentes languido .'"*
Servius* mentions the use of them in the country
of Virgil. The annexed woodcut shows the form The Greeks and Romans commonly employed
Df a wheel-plough, as represented on a piece of en-
oxen in ploughing; but they also used asses for
light soils.
9
The act of yoking together an ox and
graved jasper, of Roman workmanship. It also
an ass, which was expressly forbidden by the law
shows distinctly the coulter, the share-beam, the
10 of Moses, 10 is made the ground of a ludicrous com-
plough-tail, and the handle or stiva. The plough 11
corresponds in all essential particulars with that parison by Plautus. Ulysses, when he feigned
now used about Mantua and Venice, of which Mar- madness in order to avoid going on the Trojan ex-
pedition, ploughed with an ox and a horse togeth-
tyn has given an engraving in his edition of Virgil's
er."
Oeorgics.
A line has been already quoted from Ovid's Fasti,
which mentions the use of the plough by Romulus
for marking the site of Rome. On this occasion a
white bull and a white cow were yoked together :
"
Alba jugum niveo cum bove vacca tulit.' na Besides
this ceremony at the foundation of cities or colo-
nies, the plough was drawn over the walls when
14
they were conquered by the Romans.
AR'BITER. (Vid. JUDEX.)
ARBITRA'RIA ACTIO. (Vid. ACTIO, p. 17.)
*ARB'UTUM (fxi/LtaiKv^ov or Ku/tapov), the fruit
of the Wild Strawberry-tree, It has
or Arbutus.
very much the appearance of our strawberry, ex-
cept that it is larger, and has not the seeds on the
The Greeks and Romans outside of the pulp, like that fruit. The arbute-tree
usually ploughed their
iand three times for each crop. The first grows plentifully in Italy, and the poets have sup-
plough- that the early race; of men lived on acorns
ing was called proscindere, or novare (veova6at, ved- posed
fcadat) ;the second, offringere, or iterare ; and the and the fruit of this tree before the discovery and"
11 1. (Plin., H.
third, lirare, or tertiare. The field which under- N., xviii., 49.) 2. (Plin., 1. c. Virg., Georg.,
97, 98. ., De Oral.,
Festus, s. v. Offringi.)
. 3.. (Cic., .
., ii.,
.,
prepared from it. The term unedo was also given chi. The public treasurers (ra^iai), and all the
>o the tree itself, and this is retained in the Lin- officers connected with the collection c f the tribute,
lasan nomenclature, Arbutus unedo. The peculiar all ambassadors, commissioners of works, &c.,
properties ascribed to the fruit of the arbute-tree were appointed in the same manner.
ixist in several other plants of the same order. The people always met in the Pnyx for the elec-
Their general qualities are said to be astringent tion of these magistrates, even in later times, when
md diuretic. The Ledum palusire renders beer it became usual to meet for other purposes in the
eavy when used in the manufacture of that bev- It is not certain at what
1
Temple of Dionysus.
UJ-ge; Rhododendron ponticum and maximum, Kal- time of the year they met for this purpose, nor who
fiia latifolia, and some others, are well known to
presided over the assembly, but most probably the
) venomous. The honey which poisoned some archons. The candidates ibr these offices, especi-
->fthe soldiers in the retreat of the ten thousand ally for that of strategus, had recourse to bribery and
.trough Pontus, was gathered by bees from the corruption to a great extent, although the laws
flowers of the Azalea pontica. The shoots of An- awarded capital punishment to that offence, which
dromeda ovalifolia poison goats in Nipal. 3 (Vid. was called by the Athenians 6Kaa/j.6c. The can-
ARBUTUS.) vassing of the electors and the solicitation of
*ARB UTUS
/
(/cojuapoc), the Arbute or Wild their votes was called apxaipeaid&iv. The magis-
Strawberry-tree, Arbutus unedo, L. Its fruit is call- trates who presided over the assembly mentioned
ed in Latin arbutum, in Greek nofiapov and fj.ifj.aiKv- the names of the candidates (7rpo6aAAea0ai ), and s
hov, and in English the wild strawberry, from the the people declared their acceptance or rejection of
resemblance it bears to that well-known berry. each by a show of hands. They nevtr appear to
(Vid. ARSUTUM.) Virgil, in speaking of the Arbute- have voted by ballot on these occasions.
tree, uses the epithet horrida* about the meaning of Those who were elected could decline the office,
which commentators are not agreed. 5 The best alleging upon oath some sufficient reason why they
opinion, however, is that which refers the term in were unable to discharge its duties, such as labour-
question to the ixiggedness cf the bark, which is the ing under a disease, &c. the expression for this
:
sense in which Seryius also seems to take it. 6 Fee, was i^ofivvcBai. rjjv apxtjv, or TTJV ^efpo-nw'av.' If,
however, is for making tiie epithet apply to the rough, however, an individual accepted the office to which
astringent taste of the arbute. In faci, the leaves, he was chosen, he could not enter upon the dis-
lark, and fruit afford a very strong astringent, and charge of his duties till he had passed his exami-
are used for this purpose in medicine. There does nation the thesmothetae. If ho
(tioKifiaaia) before
not seem to be any notice of the Fragaria vesca,r or failed in
passing his examination (uTroSoKiitaadrjvai),
Wood Strawberry, in the Greelj classics. It io de- he incurred a modified species of arifiLa* All pub-
ncribed by Pliny, and had been previously men- lic officers,
7
however, were subject to the kirtxei-po-
tioned by Ovid.
rovfa, or confirmation of their appointment by each
ARCA (KiSuToc), a chest or coffer, is used u: successive
prytany at the commencement of its
several significations, of which the principal are,
peiiod of office, when any magistrate might be
I. Achest, in which the Romans were accus-
deprived or' his office (uiroxEtpoToveiaOai). In the
tomed to place their money and the phrase ex area Attic or
au-rs, we not unfrequently read of individu-
;
(Juv.. xi., 26.) 12. (Symm., x., 33. Compare Dig. 50, tit. 4, s. p. 1330. Dir arch, in Philocl., c. 4. Compare Schomann, d
1.) 13. (Aur. Vjct., de Vir. 111., c. 42. Lucan, viii., 736.) 14. Comitiis Ath., p. 320 330.) 6. (Demosth., De Cor., p 275.) 7
15. (Cic., pro Milon., c. 22. (Demosth., irtpt Unpavp., p. 381 ; in Aristog., i., p.
799.- Pau
(Dig. 2, tit. 7,s. 7.) Festux, s. v.
Robum J--16. (Varro, de Ling. Lat., iv., 31. Cell., zz., 1.)
ARCHIATER. ARCHON,
cos,domiwus medicorum, and superpositus medicorum, ing through a dynasty and aristocracy, ended in
all which expressions occur in inscriptions, &c. 6. democracy. (By dynasty is here meant that the
We find the names of several persons who were supreme power, though not monarchical, was con-
physicians to the emperor mentioned without the
fined to one family.) Of the kings of Athens, con-
addition of the title archiater. 7. The archiatri sidered as the capital of Attica, Theseus may be
were divided into A. sancti palatii, who attended '^aid to have been the first ; for to him, whether as a
on the emperor, and A. populares, who attended 0:1 real individual or a representative of a certain
the people so that it is certain that ail those wLo
; period, is attributed the union of the different and
" 3
bore this title were not physicians to the priiwe." independent states of Attica under one head. The
The chief argument in favour of the contrary opin- last was Codrus, in acknowledgment of whose
ion seems to arise from the fact, that of all those patriotism in meeting death for his country, the
who are known to have held the office of A. the t
Athenians are said to have determined that no one
greater part certainly were physicians to the em- should succeed him with the title of paaifavc, or
but this is only what might. A priori, king. It seems, however, equally probable, that it
peror as well ;
be expected, viz., that those who had attained the was the nobles who availed themselves of this op-
highest rank in their profession would be chosen to portunity to serve their own interests, by abolishing
attend upon the prince (just as in England the the kingly power for another, the possessors of
President of the College of Physicians is ex-officio which they called upxovrec, or rulers. These for
physician to the sovereign). some time continued to be, like the kings of the
The first person whom we find bearing this title house of Codras, appointed for life still an impor-
:
feet, the history of the title is as obscure as its ages, they exercised the power of deposition.
meaning, and -it is chiefly by means of the laws This state of things lasted for twelve reigns of
respecting the medical profession that we learn the archons. The next step was to limit the continu-
rank and duties attached to it. In after times (as ance of the office to ten years, still confining it to
was stated above) the order appears to have been the Medontidse, or house of Codrus, so as to estab-
divided, and we find two distinct classes of archia- lish what the Greeks called a dynasty, till the ar-
tri, viz,, those of the palace and those of the people." chonship of Eryxias, the last archon of that family
The A. sancti palatii were persons of high rank, elected as such. At the end of his ten years (B.C.
who not only exercised their profession, but were G84), a much greater change took place the ar- :
judges on occasion of any disputes that might oc- chonship was made annual, and its various duties
cur among the physicians of the place. They had divided among a college of nine, chosen by suffrage
certain privileges granted to them, e. g., they were (XEiporovia) from the Eupatridse, or Patricians, and
exempted from all taxes, and their wives and chil- no longer elected from the Medontidse exclusively.
dren also ; were not obliged to lodge soldiers or This arrangement continued till the timocracy es-
others in the provinces could not be put in prison,
; tablished by Solon, who made the qualification for
&c. ; for, though these privileges seem at first to office depend not on birth, but property, still retain-
have been common to all physicians,' yet after- ing the election by suffrage, and, according to Plu-
ward they were confined to the A. of the palace tarch, so far impairing the authority of the archons
and to those of Rome. When they obtained their and other magistrates as to legalize an appeal from
dismissal from attendance on the emperor, either them to the courts of justice instituted by himself. 1
from old age or any other cause, they retained the The election by lot is believed to have been introdu-
title ex-archiatri or ex-archiatris.'' The A. populares ced by Cleisthenes (B.C. 508) 6 for we find this prac-
;
were established for the relief of the poor, and each tice existing shortly after his time and Aristotle ex-
;
city was to be provided with five, seven, or ten, ac- pressly states that Solon made no alteration in the
cording to its size.* Rome had fourteen, besides alpemc., or mode, of election, but only in the qualifica-
one for the vestal virgins, and one for the gymnasia. 9 tion for office. If, however, there be no interpolation
They were paid by the government, and were in the oath of the Heliasts, 7 we are forced to the con-
therefore obliged to attend their poor patients gra- clusion that the election by lot was as old as the time
tis, but were allowed to receive fees from the rich.
19
of Solon but the authority of Aristotle and other ev-
;
The A. populares were not appointed by the gov- idence strongly incline us to some such supposition,
ernors of the provinces, but were elected by the The last
11
or, rather, leave no doubt of its necessity.
people themselves. The office appears to have change is supposed to have been made by Arislei-
been more lucrative than that of A. s. pal., though
des, who, after the battle of Platsea (B.C. 479),
less honourable. In later times, we find in Cassio-
" comes
dorus 1 * the title archiatrorum" " count of the 1. (Vid. Le Clerc, and Sprenpel, Hist, de la Med.) 2. (Vico^
Scienza Nuova. Phil. Mus.. vol. ii., p. 627. Arnold, Thucyd.,
1. (De Ther. ad Pis., c. 1.) 2. (De Civit. Dei, iii., 17.) 3. Append.) 3. (Thucyd., ii., 15.) 4. (Paus., ii., 5, t> 10. De
(xiii.,Horn, in S. Luc.) 4. (Galen, 1. c. Erotian., Lex Voc. mosth.. Near., 1370. Aristot.,Polit., ii., 9. Bockh, Pub. Econ
Hippocr., in Prsef.) 5. (Cod. Theodos., xiii., tit. 3, De Medicis of Athens, ii., p. 27, transl.) 5. ("Ocra ra?? ap%o?f crafy xpivftv
et Profeggoribus.) 6. (Cod. Just., x., tit. 52, s. 6, Medicos et
&noi<j>f (cat irspf iKeivtov, tis TO StKaaTrjpiov, f0f<ri<r !o<i)<c>
maxime Archiatros.) 7. (Constantin., Cod. x., tit. 52, IPS'. 6.) Plutarch, Solon., 18.) 6. (Herod., vi., c. 109.) 7. (Demosth
8. (Dig. 27, tit. 1, s. 6.) 9. (Coil. TheoUos., 1. c.) 10. (Cod. Timocr., p. 747.) 8. (Tpnipei ^fifyiGpa, Koivftv ttvat rfrv jroXJr
'
Theodos., 1. c.) 11. (Dig. 50, tit. 9, s. 1.) 12. (Vid. Meibom.,
'
tiav, Kal rot)? 6'fx.ovTas A.0rivatu>v iravraiv alocieOat. Fl
Comment in Cam. Formul. Arcluatr., Helmst., 1668.) tarch, Arist.}
89
ARCHON. ARCHON.
abolished the property qualification, throwing open judicial functions of the ancient kings devolved
the archonship and other magistracies to all the citi- upon the upx uv far&wftpf, who was also constituted
zens, that is, to the Thetes as well as the other a sort of state protector of those who were unable
classes, the former of whom were not allowed by to defend themselves.
1
Thus he was to superintend
Solon's laws to hold any magistracy at all ; in con- orphans, heiresses, families losing their representa-
formity with which, we find that, even in the time tives (OIKOI ol i^epr/fiovftevoi), widows left pregnant,
of Aristeides, the archons were chosen by lot from and to see that they were not wronged in any way.
the wealthiest class of citizens (oi TrcvTaKoaiopidt^- Should any one do so, he was empowered to inflict
roi 1 ). a fine of a certain amount, or to bring the parties to
Still, after the removal of the old restrictions, trial. Heiresses, indeed, seem to have been under
seme security was left to ensure respectability; for, his peculiar care ; for we read* that he could com-
previously to an archon entering on office, he un- pel the next of kin either to marry a poor heiress
derwent in examination, called the avuKpiaif, 2 as to himself, even though she were of a ) ower class, or
his being a legitimate and a good citizen, a good to Dortion her in marriage to another. Again, we
3
sun, and qualified in point of property: el IX EL TO fina that, when a person claimed an inheritance
Ti/jtri/ia ;
was the question put. Now there are 3 or heiress adjudged to others, he summoned the
strong reasons for supposing that this form of ex- party in possession before the archon eponymus,
amination continued even after the time of Aris- who brought the case into court, and made arrange-
teides ; and if so, it would follow that the right in ments for trying the suit. must, however, bear We
question was not given to the Thetes promiscuous- in mind that this authority was only exercised in
ly, but only to such as possessed a certain amount
cases where the parties were citizens, the pole-
of property. But even if it were so, it is admitted march having corresponding duties when the heir-
that this latter limitation soon became obsolete; for ess was an alien. It must also be understood that,
we read in Lysias* that a needy old man, so poor except in very few cases, the archons did not decide
as to receive a state allowance, was not disqualified themselves, but merely brought the causes into
from being archon by his indigence, but only by court, and cast lots for'the dicasts who were to try
bodily infirmity ; freedom from all such defects be- the issue. 4 Another duty of the archons was to re-
ing required for the office, as it was in some re- ceive eiaa-y-y&iai, or informations against individu-
spects of a sacred character. Yet, even after pass- als who had wronged heiresses, children who had
ing a satisfactory avuKpiate, each of the archons, in maltreated their parents, guardians who had neg-
common with other magistrates, was liable to be lected or defrauded their wards. 5 Informations of
deposed, on complaint of misconduct made before another kind, the evSeigis and (puaie, were also laid
the people, at the first regular assembly in each before the eponymus, though Demosthenes assigned
prytany. On such an occasion, the sTrixetpoTovia, the former to the thesmothetae. The last office of
as it was called, took place and we read 5 that, in the archon which we shall mention was of a sacred
;
one case, the whole college of archons was deprived character we allude to his superintendence of the
;
of office (uwexetpoTov^drj) for the misbehaviour of greater Dionysia and the Thargelia, the latter cele-
one of their body they were, however, reinstated, brated in honour of Apollo and Artemis.
:
on promise of better conduct for the future. ( Vid. The functions of the upx^v Paaifavt were almost
ARCIUIRESIAI.) all connected with religion : his distinguishing title
With respect to the later ages of Athenian histo- shows that he was considered a representative of
sy, we learn from Strabo* that evn in his day the old kings in their capacity of high-priest, as the
(ueXP wv} the Romans allowed the freedom of Rex Sacrificulus was at Rome. Thus he presided
1
Athens and we may conclude that the Athenians at the Lensean, or older Dionysia; superintended the
;
would fondly cling to a name and office associated mysteries and the games called ^.afiirad^opiai, and
with some of their most cherished remembrances. had to offer up sacrifices and prayers in the Eleu-
That the archonship, however, though still in ex- sinium, both at Athens and Eleusis. Moreover, in-
istence, was merely honorary, we might expect dictments for impiety, and controversies about the
from the analogy of the consulate at Rome and, ; priesthood, were laid before him ; and, in cases of
indeed, we learn that it was sometimes filled by murder, he brought the trial into the court of the arei-
strangers, as Hadrian and Plutarch. Such, more- opagus, and voted with its members. His wife, also,
over, was the democratical tendency of the assem- who was called (Saaihiaca, had to offer certain sac
7
bly and courts of justice established by Solon, rifices, and therefore it was required that she should
that, even in earlier times, the archons had lost the be a citizen of pure blood, without stain or blemish.
great political power which they at one time pos- His court was held in what was called # TOV QIC-
8
sessed, and that, too, after the division of their
functions among nine. They became, in fact, not, The polemarch was originally, as his name de-
notes, the commander-in-chief; and we find him
7
as of old, directors of the government, but merely
municipal magistrates, exercising functions and discharging military duties as late as the battle of
bearing titles which we will proceed to describe. Marathon, in conjunction with the ten arparrj-yoi :
It has been already statea that the duties of the he there took, like the kings of old, the command
single archon were shared by a college of nine. of the right wing of the army. -This, however,
The first, or president of this body, was called up- seems to be the last occasion on record of this ma-
X^v by way of pre-eminence or apxuv inuwfj,of, gistrate, appointed by lot, being invested with such
;
from the year being distinguished by and registered important functions and in after ages we find that ;
in his name. The second was styled upx^v (3aa- his duties ceased to be military, having been in a
ifavc, or the king archon the third, Tro/le/zapjof, or great measure transferred to the protection and su-
;
ccmmander-in-chief the remaining six, deapcOerai, perintendence of the resident aliens, so that he re-
;
or legislators. As regards the duties of the archons, semblei in many respects the praetor peregrinus at
it is sometimes difficult to
distinguish what belong- Rome. In fact, we learn from Aristotle, in his
ed to them individually and what collectively. 9 It
1. (Demosth., Macar.,
No'/ioy, p. 1076. Pollux, viii 89.) 3.
seems, however, that a considerable portion "of the
,
(Demosth., 3.
., Macar., 1055.
., p.. 1052.) .
(Id.,
.
., p. Pollux, Onom.,
.
., .
,
nil., 95. Harpocr. in Kvpin //WcXmrte.) -6. (ix.. c.. 1.) 7. (Plut. . Plato. Euthy. et Theset., ad fin. Pollux. Onom.,
aivita.)--8. [Thucyd., i., 126.) 9. (Schomann, 174, tnuul.) viii., 90.) 7. (Herod., vi".. 109, 111. Pollux, Onom., viii., 914
83
ARCHON. ARKTOS.
* Constitution of Athens," that the polemarch stood people deposed, if an action or indictment were the
in the same relation to foreigners as the archon to consequence of it. Moreover, they allotted the
citizens.
1
Thus, all actions affecting aliens, the dicasts or jurymen, and probably presided at ths
isoteles and proxeni, were brought before him pre- annual election of the strategi and other military
viously to trial as, for instance, the 6tKij Inrpoa-
;
officers.
raalov against a foreigner for living in Athens with- In concluding this enumeration of
duties of the.
out a patron ; so was also the 6i.Kij uiroaraaiov the archons, we may remark
necessary to that it is
be cautious in our interpretation of the words apxn
against a slave who failed in his duty to the master
who had freed him. Moreover, it was the pole- and upxovref the fact is, that in the Attic oraton
:
march's duty to offer the yearly sacrifice to Artemis, they have a double meaning, sometimes referring to
in commemoration of the vow made by Callimachus the archons peculiarly so called, and sometimes to
Thus, in Isaeus, we might,
1
at Marathon, and to arrange the funeral games in any other magistracy.
honour of those who fell in war. These three ar- on a cursory perusal, infer, that when a testator left
his property away from his
chons, the tnuvvfioe, flamfave, and iro^efiapxof, were heir-at-law,
2
by what
each allowed two assessors to assist them in the was technically called a 6601$ ,
the archon took the
discharge of their duties. original will into custody, and was required to be
The thesmothetas were extensively connected present at the making of any addition or codicil to
with the administration of justice, and appear to it. A
more accurate observation proves that by elf
2
have been called legislators, because, in the ab- TUV upxovfuv is meant one of the aarvvopoi, who
sence of a written code, they might be said to make formed a magistracy (upxy) as well as the nine ar-
laws, or tfecr/zot, in the ancient language of Athens, chons.
though, in reality, they only declared and explained A
few words will suffice for the privileges and
them. They were required to review, every year, honours of the archons. 3 The greatest of the for-
the whole body of laws, that they might detect any mer was the exemption from the trierarchies a boon ;
inconsistencies or superfluities, and discover wheth- not allowed even to the successors of Harmodius
er any laws which were abrogated were in the public and Aristogeiton. As a mark of their office, they
records among the rest. 3 Their report was. submit- wore a chaplet or crown of myrtle and if any one ;
ted to the people, who referred the necessary alter- struck or abused one of the thesmothette or the
ations to a legislative committee chosen for the pur- archon, when wearing this badge of office, he be-
pose, and called vo/ioderai.. came art/zof, or infamous in the fullest extent,
The chief part of the duties of the thesmothetae thereby losing his civic rights. The archons, at the
consisted in receiving informations, and bringing close of their year of service, were admitted among
cases to trial in the courts of law, of the days of the members of the areiopagus. ( Vid, AREIOPAGUS.)
sitting in which they gave public notice.* They The principal authority on the subject of the archons
did not try them themselves, but seem to have con- and their duties is Julius Pollux, in a work called
stituted a sort of grand jury, or inquest. Thus
they 'OvopaariKov : he was a professor of rhetoric at
received kvdti&is against parties who had not
paid Athens in the time of the Emperor Commodus,
their fines, or owed any money to the state, and enay- A.D. 190, to whom he inscribed his work, and is
yshiat against 'orators guilty of actions which dis- generally believed to have borrowed his information
qualified them from addressing the people ; and in from a lost treatise of Aristotle on the "Constitution
default of bringing the former parties to trial, they of Athens." It is, however, necessary tc consult
lost their right of going up to the areiopagus at the the Attic orators, as will be seen from the referen-
f nd of their year of office.* Again, indictments for ces which are given in the course of this article.
personal injuries (vfipeus ypaQai} were laid before Among the modern writers, Bockh and Schomann
them, as well as informations against olive growers, are occasionally useful, though they give no regular
for rooting up more trees than was allowed to each account of the archonship.
proprietor by law.' So, too, were the indictments ARCHO'NES (apxuvw). The taxes at Athens
for bribing the Heliaea, or any of the courts of jus- were let out to contractors, and were frequently
tice at Athens, or the senate, or forming clubs for farmed by a company under the direction of an
the overthrow of the democracy, and against re- apXuvTis, or chief farmer, who was the person
tained advocates (avvfiyopoi) who took bribes either responsible to the state.*
in public or private causes. Again, an information ARCIFIN'IUS AGER. (Vid. AGRIMENSORES.>
was laid before them if a foreigner cohabited with *ARKTION and ARKEION
(ap/crwv and iip-
A citizen, or a man gave in marriage as "his own KEIOV). There
great confusion of names and
is
.laughter the child of another, or confined as an uncertainty in respect to these plants. Alston re-
adulterer one who was not so. They also had to marks that Dioscorides' description of the apueiov
refer informations (daa-y-yeTiiai) to the people ; and
agrees better with the character of the Ardium
where an information had been laid before the sen- Lappa, or Burdock, than his description of the
ate, and a condemnation ensued, it was their duty apKTiov. Sprengel, accordingly, holds the former
to bring the judgment into the courts of justice for to be the Ardium
Lappa, and suggests that the latter
confirmation or revision. be
may the Verbascum ferru^ineum.-
A different office of theirs was to draw up and *ARKTOS (up/croc). I. The common Beai, 01
ratify the avfiBo'ha, or agreements with foreign Ursus Ardos, L. The Greeks and Romans could
states, settling the terms on which their citizens scarcely be acquainted with the U. maritimus. The
should sue and be sued by the citizens of Athens. 7
upKTOf of Aristotle is the ordinary Brown Bear, and
In their collective, capacity, the archons are said to the habits of the animal are well described
have had the power of death in case an exile re- " The " is
by him:
bear," observes this writer, an omnivor-
turned to an interdicted place they also superin- ous
animal, and, by the suppleness of its body,
:
Most probably the Cancer Arcttis, or Broad Lobster to them to divide the circle by a diameter, and sel
1
of Pennant. the half of it upright to bear a superincumbent
ARCUS (also fornix* and Kafiapa), an arch sus- weight. But they made use of a contrivance, even
pended over the head of an aperture, or carried before the Trojan war, by which they were enabled
from one side of a wall to another, and serving as to gain all the advantages of our archway in making
the roof or ceiling to the space below. An arch is corridors, or hollow galleries, and which, in appear-
formed of a series of wedge-like stones or of bricks, ance, resembled the pointed arch, such as is now
supporting each other, and all bound firmly together termed Gothic. This was effected by cutting away
by the pressure of the centre one upon them, which the superincumbent stones in the manner already
latter is therefore distinguished by the name of key- described, at an angle of about 45 with the horizon.
stone. The mode of construction and appearance of the
It would seem that the arch, as thus denned, and arches are represented in the annexed drawing of the
as used by the Romans, was not known to the walls of Tiryns, copied from Sir William Gell's
Greeks in the early periods of their history, other- Argolis. The gate of Signia (Segni) in Latiuo
wise a language so copious as theirs, and of such exhibits a similar example.
ready application, would not have wanted a name
properly "Greek by which to distinguish it The
use of both arches and vaults appears, however, to
have existed in Greece previously to the Roman
conquest, though not to have been in general prac-
tice. 3 But the constructive principle by which an
arch made to hold together, and to afford a solid
is
resistance against the pressure upon its circumfer-
ence, was known to them even previously to the
Trojan war, and its use is exemplified in two of the
earliest buildings now remaining the chamber
:
and has been lost. more usually covered with clay and smoothed with
It is evident that a bow, made and handled in the a great roller. 2 It was also customary to cover it
manner here described, could not be longer than with lees of oil, which prevented insects injuring it,
3
three or four feet, and must have been far less pow- or grass growing upon it. The grains of the corn
erful than the Scythian bow. On account of the were beaten out by the hoofs of cattle treading upon
material, it is often called by the classical authors it, or by flails (fustes*).
3
e horn (/cepaf,* cornu ). AREIOP'AGUS 'o "Apciof ira-yog,or hill of Ares),
This difference of size and form caused a differ- at Athens, was a rocky eminence, lying to the west
ence also in the mode of drawing the bow. The of,and not far from, the Acropolis. To account for
Greek, with one knee on the ground, drew his right the name, various stories were told. Thus, some
hand with the string towards his breast, as repre- said that it was so called from the Amazons, the
sented in the ^ginetan statue, in Homer's account daughters of Ares, having encamped there when
of Pandarus, and in Virgil's description* of Camilla ; they attacked Athens ; others again, as ^Eschylus,
the Scythian, on the contrary, advancing boldly to- from the sacrifices there offered to that god ; while
wards the enemy, and often on horseback, obliged the more received opinion connected the name with
the legend of Ares having been brought to trial there
by the length of his bow, which he held vertically,
to avoid stooping and to elevate his left hand, drew by Poseidon, for the- murder of his son Halirrho-
the other up to his right ear, as is practised by our hius.* To none, however, of these legends did the
The Oriental arrow place owe its fame, but rather to the council ('H iv
8
archers in the present day.
was long and heavy in proportion to the bow, 6 and 'Apcj Trayu /?ov/by) which held its sittings there,
was sent, as Procopius observes, with such force and was sometimes called 'H uvu pov^, to distin-
that no shield or thorax could resist it. guish it from the senate of Five Hundred, which sa:
The bow was sometimes adorned with gold in the Cerameicus within the city. That it was a
1
(whence aureus arcus ). The golden ring, or han- body of very remote antiquity, acting as a criminal
dle, has been already mentioned. Apollo is called tribunal, was evidently believed by the Athenians
" themselves. In proof of this, we may refer to the
by Homer the god of the silver bow" (apyvpoTogoc).
The bowstring was twisted, and was made either express assertions of the orators, and the legend ot
of thongs of leather (vevpa /Jdeta8 ), of horse-hair Orestes having been tried before the council for the
9
(iKireia Tpixuoif ), or of the hide, or perhaps the in- murder of his mother a trial which took place be-
:
hence its name (itri-epi'af, stellaris), as if it flew up resumption impossible in cases of wilful murder, the
to the veiy stars. Its attitude also, when at rest, is capital punishment for which could only be escaped
very singular, the beak being raised up to the heav- by banishment for life, so that no expiation was re-
ens. 17
Virgil's description of the soaring flight of
quired or given.
T
Now the Ephetae formerly ad-
ministered justice in five courts, and for this and
this bird is admirably true to nature :
a great extent be true but that there It is probable that public opinion supported them
on may to ;
was not a complete identity of functions is proved in acts of this kind, without the aid of which they
from the laws must have been powerless for any such objects. In
by Plutarch (Solon), in a quotation with this point, we may add that, when
of Solon, showing that even before that legislator connexion
the Areiopagites and Ephetae were in some cases leinous
crimes had notoriously been committed, but
distinct.
the guilty parties were not known, or no accuser
that appeared, the Areiopagus inquired into the subject,
It has been observed, in the article ARCHON,
the principal change introduced by Solon in the and reported (anoQaiveiv) to the demus. The re-
was This was
called unb^acis-
constitution of Athens was to make the qualification port or information
for office not on birth, but property ; also a duty which they sometimes undertook on their
depend,
that, agreeably to his reforms,
the nine archons, af- own responsibility, and in the exercise of an oldr
ter an unexceptionable discharge of their duties, established right, and sometimes on the order of the
"vent to the Areiopagus, and became members demus. 1 Nay, to such an extent did they carry this
up" 1 an
of it for life, unless expelled
for misconduct. power, that on one occasion they apprehended
council then, after his time, ceased to be aris-
The individual (Antiphon) who had been acquitted by
tocratic in constitution but, as we learn from Attic
;
the general assembly, and again brought him to a
In fact, Solon is trial, which ended in his condemnation
and death. 8
writers, continued so in spirit.
said to have formed the two councils, the senate Again we find them revoking an appointment
and the Areiopagus, to be a check upon the democ- whereby .iEschines was made the advocate of
racy j that, as he himself expressed it,
"the state, Athens before the Amphictyonic council, and sub-
stituting Hyperides in his room. In these two
riding upon them as anchors, might be less tossed
by storms." Nay, even after the archons were
no cases, also, they were most probably supported 8 by
longer elected by suffrage, but by lot, and the office public opinion, or by a strong party in the state.
was thrown open by Aristeides to all the Athenian They also had duties connected with religion,
citizens, the "upper council" still retained its former one of which was to superintend the sacred olives
tone of feeling. We
learn, indeed, from Isocrates,
2
growing about Athens, and try those who were
that no one was so bad as not to put off his old hab- charged with destroying them.* We
read, too,
its on becoming an Areiopagite and, though this ;
that in the discharge of their duty as religious cen-
may refer to private rather than public conduct, we sors, they on one occasion examined whether the
may not unreasonably suppose that the political wife of the king archon was, as required by law, an
principles of the younger would always
be modified Athenian and finding she was not, imposed a fine
;
inferred from it. 7 Again we are told 8 that, at the Aristotle says, the Areiopagus was " mutilated,"
time of the battle of Chseroneia, they seized and put and many of its hereditary rights abolished. 1 * Ci-
to death those who deserted their country, and that
cero, who in one place speaks of the council ns
they were thought by some to have been the chief governing Athens, observes in another, that from
preservation of the city. that time all authority was vested in the ecclesia :
1. (Dinarc., c. Demosth., p. 97. Plutarch, Vit. Sol.) 2. 1. ( Dinarchus, c. Demosth., 97. Sch8mann, De Comit.
(Areiop., 147.) 3. (Pollox, Onom., viii., 117. Demosth., Aris., Athen., 217, transl.) 2. (Demosth., De Cor., 271, 272. Ui-
627.) 4. {Plutarch, Vit. Sol. Isocr., Areiop., 147.) 5. (Athe- narch., c. Demosth., p. 98.) 3. (Demosth,, ibid.) 4. (Lysiaa,
UIEUS, iv., p. 167, e. ; 168, 6. ; ed. Dindorf., vi., 245, c. Pollux, irepi S//(con., 109-111.) 5. (Demosth.. Nessr., 1373.) 6. (Isocr,
Onoo., viii., 112.) fi. (Plutarch, Them., 10. Vid. BSckh, Public Areiop., p. 151.) 7. (Solon, Pericl.) 8. (Plutarch, Cina.
Econ. of Athens, vol. i., p. 208, transl.) 7. (Thirlwall. Hist. Pericl.) 9. (Muller, Burner,., 35.) 10. (Atistut., Polit,
Sjeece, vol. ni., A pp. 1.) 8. (Lvrnrsr , r.. T.eoc., 154.) O 5., De Nat Deor.. ii., 29 ; De Ren., i.. 27.)
88
ARE1OPAGUS. AREIOPAGUS.
and the state robbed of its ornament and honour. all possible plainness, keeping strictly to tie sub-
Plutarch 1 tells us that the people deprived the ject, and not being allowed to appeal in any way to
1
Areiopagus of nearly all its judicial authority the feelings or passions of the judges. After ins
8
(ruf npioei? 7r/l7/v speech, a criminal accused of murder might
6/U'ywv uTrdaaf), establishing an first
unmixed democracy, and making themselves su- remove from Athens, and thus avoid the capital
preme in the courts of justice, as if there had for- punishment fixed by Draco's Qeafioi, which on this
merly been a superior tribunal. But we infer from point were still in force. Except in cases of parri-
another passage that the council lost considerable cide, neither the accuser nor the court had pc ver to
authority in matters of state; for we learn that prevent this; but the party who thus evaded the
Athens then entered upon a career of conquest and extreme punishment was not allowed to return
aggrandizement to which she had previously been home ;* and when any decree was passed at Ath-
a stranger; that, " like a rampant horse, she would ens to legalize the return of exiles, an exception
not obey the reins, but snapped at Eubosa, and leap- was always made against those who had thus left
ed upon the neighbouring islands." These ac- their country.*
counts in themselves, and as compared with others, The reputation of the Areiopagus as a criminal
are sufficiently vague and inconsistent to perplex court was of long continuance, as we may learn
accordingly, there has been much from an anecdote of Aulus Gellius, who tells us
4
find embarrass ;
discussion as to the precise nature of the alterations that C. Dolabella, proconsul of the Roman prov-
which Pericles effected; some, among whom we ince of Asia, referred- a case which perplexed him-
may mention Miiller, 3 are of opinion that he depri- self and his council to the Areiopagus (ut ad judices
ved the Areiopagus of their old jurisdiction in cases graviores exercitatioresque) ; they ingeniously settled
of wilful murder; and one of his chief arguments the matter by ordering the parties to appear that
is, that it was evidently the design of ^Eschylus to day 100 years (ceniesimo anno adesse). They exist-
support them in this prerogative, which therefore ed in name, indeed, till a very late period. Thus
must have been assailed. For a sufficient answer we find Cicero mentions the council in his letters ;'
to this, we would refer our readers to Mr. Thirl- and under the Emperors Gratian and Theodosius
wall's remarks, 3 merely stating, in addition, that (A.D. 380), 'Povyiog $>rjaTo$ is called proconsul of
Demosthenes* expressly affirms, that neither tyrant Greece, and an Areiopagite. 7
nor democracy had ever dared to take away from Of the respectability and moral worth of the
them this jurisdiction. In addition to which, it may council, and the respect that was paid to it, we
be remarked, that the consequences ascribed to the have abundant proof in the writings of the orators,
innovation do not seem to us to indicate that the Arei- where, indeed, it would be difficult to find it men-
opagus lost its authority as a criminal tribunal, but tioned except in terms of praise. Thus Lysias
rather that it was shorn of its power as superin- speaks of it as most righteous and venerable ;*
tending the morals and conduct of the citizens, both and so great was the respect paid to its members,
in civil and religious matters, and as exercising that it was considered rude in the demus laughing
some control over their decisions. Now an author- in their presence, while one of them was making an
ity of the former kind seems far removed from any address to the assembly on a subject they had been
political influence, and the popular belief as to its deputed to investigate. This respect might, of
origin would have made it a dangerous object of course, facilitate the resumption of some of their
attack, to say nothing of the general satisfaction lost power, more especially as they were sometimes
the verdicts had always given. We
Ttnay observe, intrusted with inquiries on behalf of the state, 3
too, that one of the chief features of a democracy on the occasion to which we have just alluded,
is to make all the officers of the state responsible ; when they were made a sort of commissioners to
and that it is not improbable that one of the changes inquire into the state of the buildings about the
introduced by Ephialtes was to make the Areiopa- Pnyx, and decide upon the adoption or rejection of
gus, like other functionaries, accountable to the de- some proposed alterations. Isocrates, indeed, even
mus for their administration, as, indeed, we know in his time, when the previous inquiry or doicifiaaia
5
they afterward were. This simple regulation would had fallen into disuse, speaks well of their moral
evidently have made them subservient, as they seem influence; but, shortly after the age of Demetrius
to have been, to public opinion; whereas no such
Phalereus, a change had taken place they had lost ;
dicts. Indeed, the proceedings before the Areiopa- the words of the sacred historian do not necessarily
gus, in cases of murder, were, by their solemnity imply that he was brought before the council. It
and fairness, well calculated to ensure just decis- may, however, be remarked, that they certainly
ions. The process was as follows: The king ar- took cognisance of the introduction of new and un-
chon T brought the case into court, and sat as one of authorized forms of religious worship, called eni-
the judges, who were assembled. in the open air, dera lepu, in contradistinction to the irdrpia or older
probably to guard against any contamination from rites of the state.
9
There was also a tradition that
the criminal. 8 The. accuser, who was said elq Plato was deterred from mentioning the name of
"Apeiov Truyov tniaKT/TTTeiv, first came forward to Moses as a teacher of the unity of the Godhead, by
make a solemn oath (tiiupoaia) that his accusation his fear of the Areiopagus. 10
was true, standing over the slaughtered victims, "W ith respect to the number of the Areiopagu." .*-
and imprecating extirpation upon himself and his its original form, a point of no great moment, these
whole family were it not so. The accused then are various accounts; but it is plain that there could
denied the charge with the same solemnity and have been no fixed number when the archons be-
form of oath. Each party then stated his case with came members of this body at the expiration of
1.(TTpootni&caOai OVK f^fiv ovfe olKTK,co6ai Aristot., Rhet
:
Roman dinner-tables. They seem to have been mmmularii, though these were also public funcrii.n-
looked upon with some contempt, as Juvenal speaks aries. The argentarii, on the contrary, were private
of the incndax aretalogus? Casaubon thinks that )ankers, who did all kinds of broking, commission,
they were poor philosophers, of
the Cynic and Stoic and agency business for their customers. They
de- are called argentarii ; argcntea menses exertitores ;
schools, who, being unable to procure followers,
.ivered their discourses on virtue and vice at the argenli distradores ; ncgotialores stipis argerdaria*
dinners of the rich, and that they were the same as Their private character is clear, from what Ulpian
3 " Tabcrnce
those whom Seneca* calls drculatores philosophos.* says: (i. e., argcntariai) publics sunt,
Ruperti says that they were persons who boasted quarum usus ad privates pertinet." Almost all money
of their own valour (aperr/), like the Miles gloriosus ransactionswere carried on through their interven-
of Plautus. 6 Tumebus takes the word to mean ion, and they kept the account-books of their cus-
'
sayers of pleasant things," from uperof, pleasant.
1
omers. Hence all terms respecting the relation
ARGE'I. We
learn from Livy 8 that Numa con- )etween debtor and creditor were borrowed from
secrated places for the celebration of religious ser- janking business :
thus, rationem accepti scribere ("to
" 3ut down on the debtor's side in the banker's book")
vices, which were called bythe pontifices argei."
" to borrow "
Varro calls them the chapels of the argei, and says neans money ;" rescribere, to pay" it
they were twenty-seven in number, distributed in back again ;" nomcn (an item in the account) is a
the different districts of the city. We know but debt," or even
" a
debtor," as when Cicero says,*
Ego meis rebus gcstis hoc sum assecutus ut bonum
'
little of the particular uses to which they were ap-
plied, and that little is unimportant. Thus we are nomen existimer."* On these books of account,
told that they were solemnly visited on the Liber- which have given rise to the modern Italian system
al) a, or festival of Bacchus and also, that when- of book-keeping by double entry, see Pliny, Hist.
;
ever the flamen dialis went (ivtt) to them, he was Nat., ii., 7.
to adhere to certain observances. They seem also The functions of the argentarii, besides their
to have been the depositaries of the topographical original occupation of money-changing (permutatifl
"
Thus we read in Varro, In sacreis Arge- argenti), were as follows 1. Attending public sales
records :
vnim, scivprnin est sic : Oppius mmis princcps," &c., as agents for purchasers, in which case they were
which is followed by a description of the neigh- called interpretes* 2. Assaying and proving money
bourhood. There was a tradition that these argd (probatio nummorum). 3. Receiving deposites, or
were named from the chieftains who came with keeping a bank in the modern sense of the word.
Hercules, the Argive, to Rome, and occupied the If the deposite was not to bear interest, it was called
7
dpitoline, as it was anciently called, Saturnian
or, depositum, or vacua pecunia ; if it was to bear inter-
Hill, impossible to say what is the historical
It is est, it was called creditum.* The argentarii were,
value or meaning of this legend we may, however, ;
said not recipere, but also constituere, so that aii
only
notice its conformity with the statement that Rome action constitutes pecunia would lie against them.'
was founded by the Pelasgians, with whom the The shops of the bankers were in the cloisters
oiH8 of Argos was connected. 9
round the forum hence money borrowed from a :
The name argei was also given to certaii figures banker is called as circumforaneum ; and the phrases
" to be-
thrown into the Tiber from the Sublician
bridge, foro cedere or abire, foro mergi, &c., mean
on the Ides of May in every year. This was done come bankrupt." The argentarii at Rome were
by the pontifices, the vestals, the praters, and other divided into corporations (societatcs'), and formed a
citizens, after the performance of the customary collegium like the mensarii and nummularii. The
sacrifices. The images were thirty in number, argentarius was necessarily a freeman.
made of bulrushes, and in the form of men (tUwha (apyvpoc.), ARGENTUM
silver. According to
-*vc'p/ce/la). Ovid makes various suppositions to Herodotus, 10 the Lydians were the first people who
ac< ount for the origin of this rite we can put a stamp upon silver but, according to the tes-
; only ;
conjecture that was a symbolical offering to pro- timony of most ancient writers, silver money was
it
pitiate the gods, and that the number was a repre- first coined at ^gina, by order of Pheidon, about
sentative either of the
thirty patrician curiae at B.C. 869." The silver coins of Greece may be
Rorjie, or perhaps of the thirty Latin townships. 10 divided into three kinds, which differ in appearance
*A11GEMO'NE (upyefjLuvri\ a species of plant, according to the- age in which they were struck.
which Dodonaeus is almost
disposed to regard as The most ancient are very thick, and of rude work-
identical with the those of .^Egina usually bear on the
Glaucium, or Horned Poppy. manship ;
Sprengel sets it down for the Papaver argevwne. upper side the figure of a turtle or a tortoise, and
The paragraph in Dioscorides, in which the second on the under an indented mark, as if the coin at
species is described, would seem to be spurious. the time of striking the metal had been placed upon
Pliry sails this plant Argemonia, and assigns it va- a puncheon, and had received a mark from the
rious curative properties in affections of the nervous weight of the blow. The second kind, which ap-
syttem, gout, angina, &c.
n
pear to belong to the age of Pericles and Xenophon,
1. (vep. rou "LriKov, p. 110, 111. VW. Argum. Oral., c. An- 1. (Liv., xxiii., 21:
drot.>~2. (Suet., Octav., 74.) 3. (Sat. xv., 15, 16.) 4 (Ep "Propter penjriam argenti triunrvin
mensarii facti." Vid. etiam Budieus, De Asse, v.. p. 173.
89.)- 5 (Casavb. in Suet., Octav., 74.) 6. (Ruperti in Juv.,
7. (Adversaria, x., 12.) Salmasius, De Modo Usur., p. 509.) 2. (O'-elli, Inscript, n.
TV., 1ft; 8. (i., 22.) 9. (Varro, De
Ling, tat , iv. Ovid, Fast., iii., 791. Aul. Cell., x., 15. Nie-
buhr, Rom. Hist., i., p. 214, transl.) 10. (Varro, DeLing. Lat
jai., in., i, 03, seq.; /. (nnut., turcm., n., 3, OO-OH : in., Do,
ri. Cvid, Fast., v., 621. Dionys. Halicar., i., 19, 38. Plu-
iv., 3, 3.) 8. (Suet., Octav., 39.) 9. (Vid. Salinas., De Modi
tarch, Qus. Rom., p. 102, Reiske. Arnold, Rom. Hist., vol. i. TJsur., p. 722.) 10. 94.) 11. (Ephorus, ap. Strab., viii., p
p. 67 Bunsen und Plattner, Beschreibung Roms, vol n
(i.,
ant bread and thin. The Greek coins, and especi- coinage of silver never appears to have been so free
ally the Athenian, are usually of very fine silver. from baser metal as the best Athenian coinage.
Sqrne writers have supposed that they are quite free Under the Emperor Gallienus, the coinage was so
from ^laser metal but the experiments which have
;
much debased that it contained -} silver and |- alloy.
been made show that the finest possess a small In the time of the Republic, the impression oh si'lver
1
coins was usually, on the obverse, the head of Rcme
quantity of alloy. Mr. Hussey found, upon trial,
tnat the most ancient Athenian coins contained with a helmet, the Dioscuri, or the head of Jupiter
about Jg cf the weight alloy, the second kind about and on the reverse, carriages drawn by two or four
Jj, and the more modern about ~;
the last of which animals (bigce, quadriga), whence they were called
i& nearly the same alloy as in our own silver coin. respectively bigati and quadrigati, sc. nummi. ( Vid.
It was the boast of the Athenians that their coin- BIGATUS.) The principal silver coins among the
age was finer than all other money in Greece, and Greeks and Romans were respectively the drachma
Xenophon says that they exchanged it with profit in and denarius. (Vid. DRACHMA, DENARIUS.)
any market
2
but this remark should probably be
;
The Athenians obtained their silver from the sil-
limited to the coinage of his own time. *(Mr. Hus- ver mines at Laurion, which were generally regarded
sey made his experiments with three Attic drachmae as the chief source of the wealth of Athens. We
of different ages the first was a thick one of the
: learn from Xenophon 2 that these mines had been
rudest and earliest style the second, a little later,
;
worked in remote antiquity ; and Xenophon speaks
but still of a thick form, with the head of Minerva, of them as if he considered them inexhaustible. In
resembling that of the oldest coins, but not quite so the time of Demosthenes, however, the profit ari-
clumsy the thirdj of the latest kind, broad and
; sing from them had greatly diminished and in the ;
thin, with the owl standing on the diota, the helmet second century of the Christian aera they were no
3
of Minerva's head surmounted by a high crest, and longer worked. The ore from which the silver
with other characteristics of the later coinage of was obtained was called silver earth (dpyvpirif yf/,
Athens. After stating the results, as given above, or simply tipyupmf 4 ). The same term (terra) was
Mr. Hussey goes on to remark as follows " Now, : also applied to the ore by the Romans, who obtained
of these three drachmae, the first and third are less most of their silver from Spain. 5
fine than other Greek money. Out of nine trials of The relative value of gold and silver differed
Greek and one of Roman silver, the third of the considerably at different periods in Greek and Ro-
three Attic coins in question is considerably the man history. Herodotus mentions it 6 as 1 to 13 ;
lowest of all and the first of them is likewise in-
;
Plato 7 as 1 to 12; Menander" as 1 to 10; and
ferior to all but two. The second, on the contrary, 9
Livy as 1 to 10, about B.C. 189. According to
10
is of finer standard than all, and therefore this alone Suetonius, Julius Caesar, on one occasion, ex-
can belong to the coinage of which Xenophon changed gold for silver in the proportion of 1 to 9;
speaks. And, as the other two must be of different but the most usual proportion under the early Ro-
ages, thi first belongs to an age earlier than Xeno- man emperors was abont 1 to 12; and from Con-
phon, the second to a later. Thus it appears that stantine to Justinian about 1 to 14, or 1 to 15. 1:
the coins to which the second drachma belongs, *ARGENTUM VIVUM, Quicksilver or Mer-
that is, the middling class of Attic silver, between cury. It is first spoken of by Aristotle and Theo-
the thickest and rudest of all, and the broad, thin phrastus under the name of fluid silver (upyvpof %v-
pieces, may be set down as contemporary with r6f ), and the mode of obtaining it is thus described
Aristophanes and Xenophon the very clumsy and :
by the latter: "This is procured when a portion
ill-executed pieces, from which the first was taken, of cinnabar is rubbed with vinegar in a brass mor-
belong to an interior coinage of an earlier age ; and tar and with a brass pestle." All the modern pro-
the broad, thin coins to later times, when the money cesses, on the other hand, that are adopted for
was, tor Athens at least, considerably debased. separating the mercury from the ore, depend upon
The comparative value of these coins proves also the volatility of the metal, its conversion into va-
that it was the practice among the Greeks to alloy
pour in distilling vessels or retorts, and its condensa-
their money, even where the currency had good tion by cold. The nature of this mineral, however,
credit and wide circulation and, therefore, those
; does not seem to have been much understood even
writers are mistaken who have reckoned the worth four centuries later for Pliny 12 distinguishes be-
;
if it as if it were all, without exception, fine silver. tween quicksilver (Argenlum vivuni) and the liquid
For, though it is conceivable that the alloy in the silver (Hydrargyrus) procured by processes which
oldest coins is due to want of skill to refine the he describes from minium, or native cinna ar.
metal, yet, when the later coins are baser than the This hydrargyrus he supposes to be a spurious imi-
earlier, this can only be because they were inten- tation of quicksilver, and fraudulent substitute for
3 13
tionally alloyed." ) it in various uses to which it was applied. Dios-
has been already remarked under JEs, that
It
corides, however, who is generally supposed to
silver was originally the universal currency in have written about the same time with Pliny, means,
Greece, and that copper appears to have been sel- according to Hill, by vdpdpyvpof Ka6' iavrov the
dom coined till after the time of Alexander the quicksilver that is sometimes found in a fluid state
Great. Mr. Knight, however, maintains* that gold in the bowels of the earth. (Vid. CINNABARIS.)**
was coined first, because it was the more readily APFIA2 rPA4>H (apyia^ ypa6r/), an action to
round and the more easily worked but there are ; which any Athenian citizen was liable, according
sufficient reasons for believing that, even as late as to the old law, if he could not bring evidence that
the commencement of the Peloponnesian war, the he had some lawful calling. The law was intro-
Athenians had no gold currency. ( Vid. AURUM.) It duced by Draco, who made the penalty of convic-
may be remarked here, that all the words connected tion death Solon re-enacted the law, substituting,
;
with money are derived from upyvpof and not from ,
however, for the capital punishment a fine of 100
Xpvcrof, as Karapyvpnu, "to bribe with money;" ap-
" a
jvpafj.Qif.Qf, money-changer," &c. and apyvpof ; 1. (Plin.,H. N., xxxiii., 13.) 2. (Vectij?., iv., 2.) 3. (Pau.,
is itself not unfrequently used to signify money in i.,1, 1. B8ckh, On the Silver Mines of Laurion, in the seo
I)
drachmae for the first conviction, and a loss of civic ARIES was iseJ to
(Kpiofi, the battering-ram,
right.3 (uriftta) if
the same person was convicted shake, perforate, and batter down the walls of be-
According to Julius Pol- of a large beam, made
1
three .imes of indolence. sieged cities. It consisted
lux,* Draco did not impose a severer punishmen
of the trunk of a tree, especially of a fir or an ash.
than uTipta, and Solon did not punish it at all til To one end was fastened a mass of bronze or iron
1
the third offence. 3 (K(f>a^, fi6o?i.TJ, irporofj.^ ), which resembled i/i ita
*ARGILLA, Potters' Clay, included frequently form the head of a ram and it is evident that this ;
by the Latin writers under "the general name of shape of the extremity of the engine, as well as its
Greta. Thus Palladius says, Creta, quam argittam name, was given to it on account of the resemblance
dicimus:" and Columella, "Creta, qua utuntur Jiguli, of its mode of action to that of a ram butting with
quamque nonnulli argillam vacant." These writers its forehead. The upper figure in the annexed wood-
41
cured from a small grape abounding in juice. It is rendered such arrangements impracticable. This
believed to have been a white wine. If this con- sculpture shows the ram directed against the angle
jecture be well founded, we may discover some of a wall, which must have been more vulnerable
analogy between it and the best growths of the Rhine, than any other part, (" Angularem turrim ictus fo-
which are obtained from a small white grape, and ravit arietis violentior. 8 )
are remarkable for their permanency. 10
APIT'PIOY AIKH (upyvpiov Sinn) was a civil suit
of the class npof riva, and within the jurisdiction
of the thesmothetse, to compel the defendant to pay
moneys in his possession, or for which he was lia-
ble, to the plaintiff. This action is casually alluded
to in two speeches of Demosthenes, 11 and is treated
of at large in the speech against Callippus.
*ARG IRITIS (apyrpmc), a name given to the
ore from which silver was obtained. ( Vid. ARGEN-
TUM. )
ARGUROKOPEPON (apyvpoKOTrelov), the place
where money was coined, the mint. That at Ath-
ens appears to have been in or adjoining to the
chapel (tjpuov) of a hero named Stephanephorus.
In it were kept the standard weights for the coins. 18
ARGYRAS'PIDES (upyvpuamAsf), a division of
the Macedonian army, who were so called because
they carried shields covered with silver plates. In
They were held in high honour by Alexander the In an improved form, the ram was surrounded
Great, after whose death they went over to Antigo-
nus. 13 Livy mentions them as the royal cohort in with iron bands, to which rings were attached, for
the army of Antigonus. 1 * The Emperor Alexander the purpose of suspending it by ropes or chains from
Severus had in his army a body of men who were a beam fixed transversely over it. See the lower
called argyroaspides. 1 * figure in the woodcut. By this contrivance the sol-
diers were relieved from the necessity of supporting
*AR'IA (apia), a species of plant. Bauhin held
itto be a kind of pear-tree, and Miller makes it to
the weight of the ram, and they could with ease
be that kind which gets the English name of White give it a rapid and forcible motion backward and
Beam-tree, namely, the Pi/rus Aria of Hooker. But forward, so as to put the opposite wall into a state
of vibration, and thus to shatter it into fragments.
Schneider, upon the authority of Sibthorp, holds it
to be a 16 The use of this machine was farther aided by
variety of the Quercus Ilex.
ARIADNEPA ('Apiudma), festivals solemnized slacing the frame in which it was suspended upon
in the island of Naxos
in honour of Ariadne, who, wheels, and also by constructing over it a wooden
" testudo" 3
roof, so as to form a (x&uvri Kpwij>6pof ).
according to one tradition, had died here a natural
which protected the besieging party from the defen-
death, and was honoured with sacrifices, accom-
sive assaults of the besieged. Josephus informs us
panied by rejoicings and merriment. 17 Another fes-
tival of the same name was celebrated in honour of that there was no tower so strong, no wall so thick,
Ariadne in Cyprus, which was said to have been as to resist the force of this machine, if its blows
instituted by Theseus in commemoration of her were continued long enough.*
death in the month of The beamof the aries was often of great length,
Gorpiaeus. The Amathu-
sians called the grove in which the e. or even 120 feet. The design of this
g., 80, 100,
grave of Ari- was both to act across an intervening ditch, and to
adne was shown, that of Aphrodite-Ariadne. This
is the account given 18 enable those who worked the machine to remain in
by Plutarch from Paeon, an
Amathusian writer.
a position of comparative
security. A hundred
men, or even a greater number, were sometimes
(Lys., c. >ic., apyia$.
1.
Ap. Diojr. Laert. in Solone. Har- employed to strike with the beam.
ppcr.,
s. v. K77roi et Tro'rayof. Val. Max., ii., 6, 3.) 2. (Onom The besieged had recourse to various ccntrivan-
mi., 0, 1) 42.) 3. (Vid. Taylor, Lect.
Lysiac., p. 707, 708.) 4 es in order to defend their walls and towers from
(Pallad., i., 34, 3. Colnm., iii., 11, 9.) 5. (Colum. lii 11 9-
he attacks of the aries. 1.
tri., 17,6; viii.,2, 3.
Veg., iii.,4.) 6. (Colum., xii., 4, 5.) 7' They attempted, by
(i., 3)-8. 5.)-9. (Georg., ii., 99.) 10. (Henderson's
(vni., 1, hrowing burning materials upon it, to set it on fire";
Anc. Wines, p. 78.) 11. (in Boeot., 1002
12.
in Olympiod., 1179.)
;
and, to prevent this from being effected, it was cov-
(Pollux, Onom., vii., 103. Boo.kh, Pub. Econ. of Athens
TOt 13. (Justin., xii., 7.
ered with sackcloth (Sippet.* cHidis") or with hides
i., p. 194, transl.) Curtius, iv., 13
Pl;itavch, Eumen., 13, &c.) 14. (Liv.,
xxxvii.,43.) 15. (Lam- 1. (Josephus. Suidas.) 2. (Aram. Marcell., xxiv., 2.) 1
imd., Alex. Sev., 50.) 16. (Theophrast., H. P.,
iv., 7. Adams Appian, Bell. Mithrid.) 4. (Bell. Jud., iii.) 5. (Josc.ph.,
lppnd., s. v.) 17. (Plutarch, 20.) 18.Thes., on \ m,. -6. (Veget., iv.. 23.)
1. C.
92
ARISTOLOCHIA. ARMA.
(amis bubulis ),
which were sometimes moistened
1
ARMA, ARMATU'RA (KVTEO, ret^ea, Htm. to-
(humedis taunnis exuviis '). 2. They threw down
1
Aa), arms, armour.
great stones, so as to break off the iron head of the There can be no doubt that, in the eai liest times,
ram. 3 3. To accomplish the same purpose, they the Greeks, as well as other nations, used stones and
erected beams turning upon upright posts (tolleno- clubs for their weapons, and that they wore the
ne{] from the extremities of these
;
beams they sus- skins of the wild beasts which they had slain, at
pended masses of lead, trunks of trees, stones, or once as proofs of their strength and prowess, and
parts of columns. They then caused these ponder- as a protection to their bodies. Hence Hercules
ous bodies to fall repeatedly upon the head of the was commonly represented clad in the spoils of the
ram, while the opposite party attempted to defeat Nemean lion, as well as carrying a club. The 1
this effort by means similar to those mentioned un- use of the goatskin for a similar purpose has been
der the article ANTENNA, viz., by the use of sickles noticed under the article JEois. Theocritus, in the
fixed to the ends of long poles (asseribus falcatis*'), following lines, describes the savage wrestler Amy-
and employed to cut the ropes by which the stones cus as wearing the skin of a lion, which was fasten-
and other weights were suspended. 4. They caught ed over his breast by two of the paws, and depend*^
6
the head of the ram in a noose (laqueo,* /3p6^otf ), from thence over his back :
and were thus enabled to draw it on one side and Ai>TUp VTTEp VUTOiO KO.I ofafVOf fyupeiTO
avert its blows, or even to overturn it and prevent
7 "Aicpuv deppa /leovrof u<j>rjfj.ij.vov EK nodeuvu,
its action altogether. 5. They seized the head with
This mode of wearing the lion's skin is displayed
a large forceps armed with teeth, and called the
wolf (lupus*), and they thus baffled the efforts of the
two small bronzes of very high antiquity, which
in
have been published by Micali, 3 and which are cop-
tesiegers in the same way as by using the noose. ied in
the annexed woodcut.
6. They filled sacks with chaff, or stuffed them with
other soft materials, and suspended them by ropes
wherever the ram was expected to strike, so as to
divert its blows and break their force, the besiegers
meanwhile employing the sickles, as already men-
9
tioned, to cut the ropes. This provision of sickles,
in addition to the ram, belonged to the more com-
plicated engine, called testudo arietaria.
The larger machines of this class were so con-
structed as to be taken to pieces in order to be con-
veyed from place to place, and were put together
10
again when
required for use.
Virgil certainly chargeable with an anachron-
is
ism when he speaks of the aries as employed at
the sieges of Ilium and of Laurentum. 11 Thucydi-
des mentions the use of it by the Peloponnesians at
the siege of Plataea. 12 But it first became an impor-
tant military engine in the hands of the Macedo-
nians and Carthaginians. (Vid. FALX, HELEPOLIS,
TESTUDO.)
*ARIES (Kptof), the ordinary ram. (Vid. Ovis.)
*ARI'ON (dpeiuv or upiav), a shellfish noticed by
./Elian. It is now applied to a genus of the class Mol-
lusca, but the Limaces. 13
was formerly placed under
In the Homeric battles, we have some traces of
*ARIS'ARUM (apiaapov), species aof plant.
the use of hides for defensive armour, as in the third
Dcdonseus makes out its alliance with the Arum,
book of the Iliad,* where Paris appears lightly arm-
=uid, accordingly, modern botanists give it the name ed with a bow and panther's skin upon his shoul-
cf Arum arisarum. Miller calls it Friar's Cowl in
1*
ders. In the Argonautic expedition, Ancseus, the
English.
*ARISTOLOCH'IA Arcadian, always wore for the same purpose the
(upiaro'Xoxia), a species of hide of a bear, and Argus that of a black
modern Birthwort. There some shaggy
plant, the is diffi-
bull.
5
Even as late as the Messenian war, the
culty in recognising the three kinds described by the mountaineers of Arcadia, serving under Aristode-
ancients. Adams thinks there is little reason for
mus as light-armed soldiers, wore the skins bofh of
rejecting the arpo-y-yvhr} as being the Aristolochia
sheep and goats, and also of bears, wolves, and oth-
Rotunda, and the fiaKpd as being the Longa of mod- er wild beasts. 8
ern botanists ; and yet
Sprengel inclines to refer the Nevertheless, the armour both of the Greek and
one to the A. paliida, and the other to the A. Cretica,
L. The /cAfljUarmf is unquestionably the Aristoloch-
Trojan armies, as represented by Homer, was com-
plete and elaborate. In various passages he de-
ia dematitis, or Climbing Birthwort. 1 * The Birth- scribes the entire suit of armour of some of his great-
wort tribe possess in general tonic and stimulating est warriors, viz., of Achilles, Patroclus, Agamem-
properties. Pliny, among other complaints in which non, Menelaus, and Paris
7
and we observe that it
;
the aristolochia was found useful, notices severe
consisted of the same portions which were used by
dysenteries, difficulty of breathing, hip-gout, the the Greek soldiers ever after. Moreover, the order
sting of scorpions, &c. and in Peru, at the present
;
of putting them on is always the same. The heavy-
day, the A. fragrantissima (called in that country armed warrior, having already a tunic around his
Bejuca de la Eslrella, or Star-Reed) is highly es- body, and preparing for combat, puts on, first, his
teemed as a remedy against dysenteries, malignant
greaves (KVTjfiideg, ocreca) secondly, his cuirass
;
inflammatory fevers^ colds, rheumatic pains, &c. (dupa!-, lorica), to which belonged the uirpr) under-
The root is the part used. 1 *
neath, and the zone (Cwvi/, fwor^p, cingulum) above ;
1. (Vitruv.) 2. (Amm. Marcell., xx., 7.) 3. (amj>fn'i\ai rriv thirdly, his sword (/0of, ensis, gladius), hung on
#aXi)v TOV wxavfinaTO$ : Joseph., 1. c.)-^i. (Liv., xxxviii., 5.) the left side of his body by means of a belt which
5. (Veget., 1. c.) 6. (Appian., 1. c.) 7. (Amm. Marcell., xx.,
11 ) 8. (Veget., 1. c.) 9. (Joseph., Veget., Appian., 11. cc.) 1. (Vid. Theocr., xxv., 279.) 2. (Id., xxii., 52.) 3. (Italia
10. (Amm. Marcell., xx.) 11. (.En.,ii.,491 ; xii., 706.) 12. (ii., avanti il Dominio dei Romani, j>l. xjv., fig, 3, and pi. xvi., I, fig
76.) 13. (Adams, Append., s. v.) 14. (Dioscor., ii., 198. 5. (Orph., Argon., 199.
7.) 4. (iii. 17.) Apoll. Rhod., i., 324.
Adams, Append., s.v.) 15 ( Adam. Anpend., 8. v.) 16. (Bind- Schol. in loc.) 6. (Paus., iv., 11, t> 1.) 7. (II., iii., 328-339
ley'* Botany, p. 71.) iv., 132-138 ; xi., 15-45; xvi., 130-142 ; xir., 364-391.)
V.'
ARMA. ARMA.
passed over the right shoulder; fourthly, the larg armed, and again retreating for safety inio the rear,
round shield (GUKOC, ucm<;, clipeus, scutum), support they rendered important service to their employers.
ed in the same manner fifthly, his helmet (nopv?
;
Weare justified in using the term " employers,"
KvvtT], cassis galea) sixthly and lastly, he took hi
;
because the light-armed were commonly attached
in a subordinate capacity to individuals of the heavy-
gpear (tyx n c> ^opv, fiasta), or, in many cases, twc
spears (jovpe 6vu~). Virgil represents the outfit of
armed soldiery. In this manner the Helots were
a warrior as consisting of the same six portions compelled to serve in the Spartan army. At the
when he describes the armour made by Vulcan fo: battle of Plataea, each Spartan had an appointment
1 of no less than seven Helots to carry his arms, t
JSncas, and brought to him by his mother. Th<
form and use of these portions are described in sep- protect him in danger, to assist him in conquering
arate articles under their Latin names. The an- his opponent, and also to perform every menial ser-
nexed woodcut exhibits them all in the form of a vice. 1 On the same occasion, as we are informed
8
Greek warrior attired for battle, as shown in Hope'; by Herodotus, the other divisions of the Greek
Costume of the Ancients (i., 70). army had only one light-armed to one heavy-armed
soldier. In after times, also, the Athenian hoplitt
had usually one attendant, and received as wages
for both himself and his servant two drachmae per
3
day.
Besides the heavy and light armed soldiers, the
onvlmu and ^Chol, who, in general, bore towards
one another the intimate relation now explained,
another description of men, the ireAraora/, also
formed a part of the Greek army, though we do not
hear of them in early times. Instead of the large
round shield, they carried a smaller one called the
i?, and in other respects their armour, though
heavier and more effective than that of the ipihoi,
was much lighter than that of the hoplites. The
weapon on which they principally depended was
the spear.
The cities of Euboea agreed to go to battle only
as hoplites, discarding the use of light armour, de"-
sending on the sword and lance, and handling the
alter as a pike.* The Euboeans were probably in-
duced to form this agreement in consequence of the
richness of thck island in the ores of copper and
iron. On the other hand, those nations which had
neither mines, nor any considerable wealth of other
rinds, could scarcely send any but light-armed scl
diers, who commonly served as mercenaries.
The Romans legions consisted, as the Greek in-
antry for the most part did, of heavy and light
armed troops (gravis et levis armaturai). But they
were not formed upon the same system of attaching
ndividuals to one another, in the relation of the
Those who were defended in the manner which master or
has now been represented, are called by Homer d<r- his employer and his servant. At all events,
system did not prevail among the Romans to
marai, from their great shield (uanic) also ay^e- any extent and when Virgil, in the JEncid, men-
; ;
uaxoi, because they fought hand to hand with their ions the armour-bearer or squire (armiger), we must
adversaries but much more commonly
;
irpojiaxoi, understand him to allude to the Grecian or Oriental
because they occupied the front of the
army and )ractice, or to attribute such attendance and state
:
pally used in their formation was that compound of Among all the nations of antiquity, the Medcs
and Persians appear to have displayed the greatest
copper and tin which we call bronze, or, more prop-
erly, bell-metal. (Vid. ./Es.) Hence the names for
taste for ornaments of this class. They wore not
this metal (^aX/t<5f, as) are often used to mean ar- only armillae on their wrists, and on the arm a little
mour, and the light reflected from the arms of a war-
below the shoulder, but also earrings, collars or
rior is called avyr] xahKeii) by Homer, and lux a'ena necklaces, and splendid turbans. These portions
by Virgil.
3
Instead of copper, iron afterward came of their dress often consisted of strings of valuable
to be very extensively used in the manufacture of pearls, or were enriched with jewels. They were
intended to indicate the rank, power, and weak of
arms, although articles made of it are much more
the wearer, and this use of them has continued
rarely discovered, because iron is, by exposure to
air and moisture, exceedingly liable to corrosion through successive generations down to the present
10
and decay. Gold and silver, and tin unmixed with day.
In Europe, golden armillae were worn by the
copper, were also used, more especially to enrich '
and adorn the armour. When the Cyclopes, under Gauls both on their arms and on their wrists.
11
The
the direction of Vulcan, make the suit for JEneas, Sabines also wore ponderous golden armillae on the
as already mentioned, they employ 'these various left arm, about the time of the foundation of Rome
M ;
metals :
It cannot be supposed that the Roman soldiers xxix., 17, 32; xxxv., 2, 2.) 6. (Vitruv., vii., Przf. Vopige.,
could have acquired their high renown as conquer- Tac., 8.) 7. (p. 383, No. 4.) 8. (Dioscor., 1, 165. Hardouin fc'
H. N., xv., 21. Biblioth. Hispan. Arab., vol. i., p,
ors without being regularly instructed in the use of Plin., Casiri,
330. Gesner, Lex. Rustieura.) 9. (Dioscor., v., 105. Vitruv..
arms. Vegetius accordingly, in his first book, de- 7, 9. Plin., H. N., xxxv., 28. Adams,
Append., s. v. Moored
votes several chapters to an account of the exercises Anc. Mineral., p. 68, 69.) 10. (Herod., viii., 113; ix., 80.
devised for this purpose. The recruits were provi- Xen., Anab., i., 2, 27 i., 8, 29. Cyrop., i., 3, 2, 3 vi., 4, 2, ft
; ;
alibi. Chares Mytil., ap. Athen., iii., 14. Diod. Sic., v., 45.
ded with shields, spears, and other weapons of un- Corn.
Nep., Dat., iii. Amm. Marcell., xxiii., sub fin.
usual size and weight, and in other respects ex- Gen., xxiv., 22, 30, 47. Ezek.. xxiii., 42. 2 Sam., i., 10Compat* Wil-
pressly adapted for the discipline of the drill. The kinson's Customs of Anc. Egypt, vol. iii.. p. 374, 375.) 1 (Ol 1
Quadrig., ap. Atil. Cell., ix., 13. IIcpi roig fipa\(oai *ai Tot>
KapTTolsd'&ia Strabo, iv.. 4, 5 )
: 12. (Liv., i., 11. Flat , i_l
I. fix.. 87.) -?. (Fnh., n , 14-17.) 3. (.En., ii., 470.) Val Max., ix.. 6, 1 )
95
AKMILLA. ARMILLA.
ana at the saoie early period, the Samians wore Among the Romans we most commonly reail of
armillae as conferred upon soldiers for deeds of ex-
richly-ornamented 1 arm jets at the
solemn festivals
in honour of Jono. traordinary merit.
l
(See the next woodcut.) in- An
It does not appear that armillse were subsequently stance of this occurs in Livy, 2 where, after a victo-
worn among ihe Greeks by the male sex. But those ry, one of the consuls bestows golden crowns and
ladies v/ho aimed at elogance and fashion had both bracelets upon two officers, four centurions, and a
ttrntets (TrepiGpaxiovia'
)
and bracelets (irspiKupma,
1
manipulus of hastati, and gives silver horns and
bracelets to others, who were either foreigners, 01
Te/vrnata, hKpo%eipia}, of various materials, shapes,
in! styles of ornament. In a comedy of Plautus, younger and of inferior rank. Pliny says 3 that
formed, a Greek model, 3 armillae are mention- crowns and bracelets of gold were given to citizens,
upon
ed as parts of female and one kind is distin-
attire,
and not to foreigners. These military honours are
This term (afyLjK-
name of spinier. enumerated in the inscriptions upon various ancient
guished by the
rftp) is manifestly
derived from aftyya (to com- monuments raised to the memory of Roman officers
is explained from the cir- and soldiers, stating that the emperor had presented
press), and its application
cumstance that the bracelet so denominated kept its them torquibus, armiliis, phaleris, &c., and often re-
place by compressing the arm of the wearer. The cording the exact number of these several decora-
armilla was, in fact, either a thin plate of metal, or tions.* The following form of words used in con-
a wire of considerable thickness; and, although ferring them is preserved by Valerius Maximus :
"
sometimes a complete ring, it was much more fre- Imperator te argenteis armiliis donat."
quently made without having its ends joined it was ;
The Roman females wore bracelets partly for
then curved, so as to require, put on, to be when use and partly for ornament. The use of them
slightly expanded by having its ends drawn apart
was to hold amulets. (Vid. AMULETUM.) Pliny
from one another;* and, according to its length, it a
gives variety of directions respecting the remedies
went once, twice, or thrice round the arm, or even to be effected by inserting particular
things in brace-
a greater number of times. When it made several lets (armilkz* brachialia }, and 1
wearing them con-
turns, it assumed the form so clearly defined by Ho- stantly upon the arm. On the same principle, the
mer in the expression yvafj.Trru^ ZXiKag, " twisted Emperor Nero, in compliance with the wishes of
8 his mother, sometimes wore on his right arm the
spirals;" a form illustrated by numerous armillae
of gold and bronze in our collections of antiques, exuviae of a serpent, enclosed in a golden armil-
s
and exhibited very frequently on the Greek painted la.
vases. (See the annexed woodcut, from Sir William As ornaments, armillae were worn at Rome chiefly
Hamilton's great work, vol. ii., pi. 35.) by women of considerable rank. The metallic bancl
was, for this purpose, frequently enriched with pre-
cious stones and other beautiful objects. The pres-
ents of amber, succinct, grandia, mentioned
9
by Ju-
venal as sent to a
lady on her10 birthday, were
probably bracelets set with amber. In the follow-
ing wooclcut, the first figure represents a gold brace-
let discovered at Rome, on the Palatine Mount. 1
The rosette in the middle is composed of distina
ii., p. 291, 293. Id., Corpus 3.) 8. (Suet., Ner., 6.) 9. (ix., 50.) 10. ("getnmata dextro-
Inicr., p. 235.)
i., cheria:" Snhol. in loc.> 11. (Caylu, Rec. d'Ant.. t.
T., pi. 99 1
96
ARMY. ARMY.
made of two gold wires twisted together, and the time previously remained. It may be imagined,
node of lac veiling it upon the arm by a clasp, is therefore, that the advice of Nestor was only intend-
worthy of observation. It has evidently been a lady's ed as a regular notice for re-forming the army pre-
ornament. Besides objects finely wrought in gold, paratory to inspection, and previously to a return
and the most beautiful pearls and jewels, ladies' to active service: be that as it may, the practice
bracelets were also formed to display other exqui- was afterward general, rs well in the East as in the
1
site works of art. Bottiger says "it can scarcely be Greek states of Europe.
doubted that the most splendid gems, with figures In the fourth book of the Iliad, 1 the arrangement
cut iu. relief, were designed to be worn in bracelets of the army previously to an engagement is dis-
by tliu empresses, and other women 2of "
high rank in tinctly described. A
line of war-chariots, in which
Homo." The same author observes that the large the chiefs fought, formed the front; the heavy-arm-
bracelets, made with three or four coils, were in- ed foot were in the rear; and the middle space was
tended as rewards for the soldiers," and that it would occupied by archers or light-armed men, on whom
be ridiculous to suppose such massive ornaments to less reliance could be placed. The warriors were
have been designed for women. A
specimen of protected by cuirasses, greaves, and helmets, all of
these ponderous and highly valuable armillse is rep- bronze they carried strong bucklers, and their of-
;
resented in the third of the preceding figures. The fensive arms were javelins or pikes, and swords.
original, ol pure gold, is more than twice the length The battle began by darts being thrown from the
of the figure, and was found in Cheshire 3 chariots as the latter advanced to break the ranks
If bracelets were worn by a Caligula,* it was re- of the enemy the chariots probably then fell into the
:
garded as a sign of extravagance and effeminacy, intervals between the divisions of the troops who
being <mite opposed to Roman ideas and customs. fought on foot; for the latter are said to have moved
In gneral, the epithet annillatus denoted a servile up in close order and engaged, shield touching
or degraded condition. 5 shield, and lance opposed to lance, while the light-
The terms armilla and ip&iov are used for orna- armed troops, now in the rear of all, or behind the
ments of the same kind as those already explained, chariots, discharged their arrows and stones ov
which were worn upon the ankles, very commonly the heads of the combatants in front. The precept
by Africans and Asiatics, rarely by Europeans.
6
A
of Nestor, that the warriors should keep their ranks
dog-collar is also called armilla (armiUatos canes ), in action, according to the manner of their ances-
1
and an iron ring used by carpenters. 8 tors, indicates that a certain degree of regularity had
ARMILUS'TRIUM, a Roman festival for the long before been observed in the march of armies,
purification of arms. It was celebrated every year or in the collisions of hostile troops.
on the 14th before the calends of November (Oct. On contemplating the account given by Homer, ic
19), when the citizens assembled in arms, and offer- must appear evident that the practice 01 war in his
ed sacrifices in the place called Armilustrum, or age differed from that which was followed by the
Vicus Armilustri, in the 13th region of the city. 9 Asiatics, Egyptians, and Greeks of a much later peri-
*AKMORA'CIA (/5a</>av/f), Horseradish. (Vid. od, chiefly in the absence of cavalry a circumstance :
erfully to" have infused a martial spirit among the the first occasions on which great bodies of men are
Greeks and, though they may have borrowed the said to have been so drawn up. But, at the same
;
first principles of war from the nations of the East, it time, it must be remarked, that though the pool
was among them that the organization of a military seems in some passages to consider the compact ar-
force, and the tactics of the field, were brought near- rangement of troops as a matter of great importance ;
ly to as high a degree of perfection as was consist- yet the issue of the battle is almost always decided
ent with the nature of the arms in use before the in- by the personal prowess of individual chieftains,
dention of gunpowder. who are able to put to flight whole troops of ordina-
The attack on Thebes and the war of Troy are ry soldiers.
the earliest instances in the Grecian history of From a passage in the last book of the Iliad,' it
military actions performed on a considerable scale; appears that during the heroic ages, as they are il I-
and on the latter occasion (probably about B.C. ed, every family in a state was obliged to furnish
1184), an arrny of 100,000 men is supposed to have one man, or more, who were chosen by lot, when a
been assembled. It would seem that the troops of chieftain intended to set out on a military expedi-
the different states engaged in this war were at first tion. While absent from home, the troops subsisted
intermixed with each other; for, in the second book by supplies brought up from their own district, oi
11
of the Iliad, Nestor is represented as advising Ag- raised in that of the enemy. In the manner last
amemnon to divide the army into several bodies, ac mentioned, and by the plunder obtained in piratical
cording to the nations or tribes of which it was excursions to the neighbouring coasts, the Greek
composed, and to place each division under its own army supported itself during the ten years of the
prince. It is scarcely conceivable, however, that Trojan war.
such a distribution did not always subsist when na- When, after the return of the Heraclidm, the
tions combined together for one object; and, as the states of Greece had acquired some stability, the
ships of the several states appear to have been great lawgivers of Sparta and Athens, while form-
drawn up separately, probably the mixture of the ing constitutions for their several people, are said to
troops was only an accidental circumstance, arising have made, regulations for the military service. To
from the i-iactivity in which the army had for some the free citizens only was it thought proper to grant
the honour of serving their country in complete ar-
1. (Sabina, ii, 159.) 2. (p. 157.) 3. (Avrhaeologia, xxvii., mour; and we learn from Herodotus that slave*
<) 4. (Suet., Cal.,52.) 5. (Suet.,Ner., 30. Mart., xi., 22.) were made to act as
light-armed troops. In tin
.
(Herod , iv., 168.) 7. (Propert., iv., 8, 24.) 8. (Vitruv.,
action at Platsea against Mardonius, the rig? wing
'
whom were four Ao^ayot, eight KevTj]KoaTfjp, and medimni. These were not obliged to serve in the
sixteen vu(j.oTapxoi ;* consequently, two ivu^oTiai infantry or on board ship, except in some command;
formed a TrevrriKoarvc, two of these a /lo^of, and but they were bound to keep a horse for the public,
four Mxot, made a popa. The regular comple- and to serve in the cavalry at their own expense.
ment of the enomotia appears to have been twen- The third class, whose estates were equivalent to
ty-four men besides its captain. The lochus, then, 200 such measures, were obliged to serve in the
consisted ordinarily of 100, and the mora of 400 heavy-armed foot, providing their own arms and ;
men. The front row^of the enomotia appears to the people of the fourth class, if unable to provide
have consisted of ^jrf^e men, and the ordinary depth themselves with complete armour, served eithei
of the line of eight men. The number of men in among the light-armed troops or in the navy. The
*each enomotia was, however, not unfrequently in- ministers of religion, and persons who danced in the
creased. Thus, a, Jie battle of Man tinea, another festival of Dionysus, were exempt from serving in
file was added so that the front row consisted of
;
he armies; the same privilege was also accorded
four men, and each enomotia to those who farmed the revemies of the state. There
consequently contain-
.
ed thirty-two men. 5 At the battle of Leuctra, on s no doubt that, among the Athenians, the divisions
the contrary, the usual number of files was retain- of the army differed from those which, as above sta-
ed, but the depth of its ranks was increased from led, had been appointed by the Spartan legislator;
eight to twelve men, so that each enomotia contain- but the nature of the divisions is unknown, and it
ed thirty-six men. 6 In the time of rtn only be surmised that they were such as are
Xenophon, the
mora appears to have consisted usually of 600 men. 7 linted at in the Cyropaedia. In that work, Xeno-
The numbers seem, however, to have fluctuated ihon, who, being an Athenian, may oe
supposed to
considerably, according to the greater or less in- lave in view the military institutions of nis own
crease in the number of the enomotia.
Ephorus country, speaking of the advantages attending the
makes the mora to consist of 500 men, and Polvbi- iubdivisions of large bodies of men, with respect to
us"of900. the power of re-forming those bodies when
they hap-
At the battle of Mantinea there were seven lochi, pen to be dispersed, states* that the ra^iq consists
and the strength of the lochus was doubled by
being of 100 men, and the A%of of twenty-four men (ex-
made to consist of four pentecostyes and eight eno- lusive of their officer); and in another passage he
motiae. 9 Upon this account Dr. Arnold remarks: 10 mentions the AEKUC, or section of ten, and the Trr//-
"A
question here arises why Thucydides makes no or section of five men.
,
The rugi; seems to
mention of the mora, which,
according to Xeno- lave been the principal element in the division of
phon, was the largest division of the Lacedaemonian roops in the Athenian army, and to have corre-
army, and consisted of four lochi; the whole Spar- sponded to the Peloponnesian Aojof. The infantry
tan people being divided into six morse. The scho- was commanded
liast on 11
by ten strategi (Vid. STRAIEGI)
Aristophanes says that there were six lochi and ten taxiarchs, and the cavalry by two hipparchs
in Sparta, others and and
say five, Thucydides here ten phylarchs. These officers were chosen an-
speaks of seven; but I think he means to include the nually, and they appear to have
appointed the sul>-
Brasidian soldiers and the
neodamodes; and, sup- ordinate officers of each ru^tf or /lo^of.
posing them to have formed together one lochus, The mountainous character of Attica and the
the number of the
regular Lacedaemonian lochi 'eloponnesus is the reason that, cavalry was ncvei
would thus be six. These umerous in those countries. Previously to the
lochi, containing each
SU men, are thus much larger than the regular 'ersian invasion of Greece, the number of horse-
mora, which contained only 400, and approach more to the Athenians was but
pldiers belonging ninety-
nearly to the enlarged mora of 600 men, such as it ix, each of the forty-eight naucrariae (vavKpapiai),
usually was in active service in the time of Agesi- nto which the state was two
laus. Was it that, divided, furnishing
among the many innovations in- icrsons; but soon afterward the body was augment-
troduced into Sparta after the d to 1200 KaTuQpaKToi, or heavy-armed horsemen,
triumphant close of
the Peloponnesian
war, the term lochus was hence- nd there was, besides, an equal number of c/coofo-
forward used in the sense in which the other
Greeks .terra/, or archers, who fought on horseback. The
commonly used it, that is, as a mere military divis- lorses
belonging to the former class were covered
ion, consisting properly of about 100 men and that vith bronze or other metal, and
to avoid
;
they were orna-
confusion, the greater divisions, formerly nented with bells and embroidered
a lochi, and whose clothinj-. Be-
number, as being connected ore being allowed to serve, both men and" horses
1. (Herod., ix., 28.) 2. (rA
vere subject to an examination, before the hip-
arparA^ov TUV AaKtBaipovtwv
er archs, and punishments were decreed against per-
4 De ^P- L^ed., xi^4.)-5 ons who should
^Bs'il^T
'
(
%";'len " Y1 4 (Thucyd!; enter without the requisite qualifi.
J ? a~~?'
(
A'y P utarch " 120-7. (Ibid., iv., 5, I 11
ip~?w
-10
(
(Nrte
U
? on^Thucyd.,
' Pel P-. 17 -)~9- (Thucyd v
v.,
'
68.)
68.)-ll. (Lysistrat., 454.)
, 1. (Xen., DB
,
10
Rep. I.accJ., xi., 4.) 2. rX>n., Hellen, IT 4 ,
; iv., 5, t) 12.) 3. (Plut , I.ycurg., 23. -4. (v , 1, 4
ARMY. ARMY.
cations. It was also the duty of the hipparchs to Both at Athens and Sparta the 'nnrelc, or horsemen,
train the cavalry in time of peace. 1 consisted of persons possessing considerable estates
Every free citizen of the Greek states was, ac- and vigour of body each man furnished and main- ;
ccrding to Xenophon and Plutarch, enrolled for tained his own horse, and he was, besides, bound to
military service from the age of 18 or 20, to 58 or provide at least one foot-soldier as an attendant. In
60 years, and at Sparta, at least, the rule was com- the time of Xenophon, however, the
spirit of the ori-
mon to the kings and the private people. The ginal institution had greatly declined; not only was
young men, previously to joining the ranks, were the citizen allowed to commute his personal servi-
instructed in the military duties by the raitTiKoi or ces for those of a horseman hired in his stead, bnt
pub'ic teachers, who were maintained by the state the purchase and maintenance of the horces, which
ibi the purpose and no town in Greece was with- were imposed as a tax on the wealthy, were ill exe-
;
ou, its gymnasium or school. The times appointed cuted; the men, also, who were least able in body,
foi performing the exercises, as well in the gymna- and least desirous of distinguishing themselves
sium as in the camp^ were early in the morning, and were admitted into the ranks of the cavalry.
in the evening before going to rest. The first em- The distress occasioned by the long continuance
ployment of the young soldiers was to guard the of the Peloponnesian war having put it out of the
city; and in this duty they were associated with power of the poorer citizens of Athens to serve the
such veterans as, on account of their age, had been country at their own .expense, Pericles introduced
discharged from service in the field. At 20 years the practice of giving constant pay to a class of the
of age the Athenian recruit could be sent on foreign soldiers out of the public revenue and this waft ;
sxpeditions but, among the Spartans, this was sel- subsequently adopted by the other states of Greece.
;
dom done till the soldier was 30 years old. No The amount of the pay varied, according to circum-
man beyond the legal age could be compelled to stances, from two oboli to a drachma. 1 The com-
serve out of his country, except in times of public manders of the A<%<U received double, and the
danger; but mention is occasionally made of such strategi four times, the pay of a private foot-soldier. 1
persons being placed in the rear of the army during A truce having been made between the Athenians
an action, and charged with the care of the bag- and Argives, it was
appointed that, if one party as-
8
gage. While the Athenians were engaged in an sisted another, those who sent the assistance should
expedition against ^Egina, the Peloponnesians sent furnish their troops with provisions for thirty days;
a detachment of troops towards Megara, in expec- and it was farther agreed, that if the succoured party
tation of surprising the place but the young and
; wished to retain the troops beyond that time, they
the aged men who remained to guard Athens should pay, daily, one drachma (of ./Egina) for each
marched, under Myronides, against the enemy, and horseman, and three oboli for a foot-soldier, whether
3 3
prevented the success of the enterprise. heavy-armed, light-armed, or archer. At Athens,
An attention to military duties, the troops when by the laws of Solon, if a man lost a limb in war,
were encamped, was strictly enforced in all the one obolus was allowed him daily for the rest of his
Greek armies but a considerable difference pre-
; life at the public expense the parents and children
;
vailed in those of the two principal states with re- of such as fell in action were also provided ."or by
spect to the recreations of the soldiers. The men the state. ( Vid. ADUNATOI.)
of Athens were allowed to witness theatrical per- With the acquisition of v/ealth, the love of ease
formances, and to have in the camp companies of prevailed over that of glory and the principal states
;
Bingers and dancers. In the Lacedaemonian army, of Greece, in order to supply the places of such citi-
on the contrary, all these were forbidden the con- ; zens as claimed the privilege of exemption from
stant practice of temperance, and the observance of
military service, were obliged to take in pay bodies
a rigid discipline, being prescribed to the Spartan of troops which were raised among their poorer
youth, in order that they might excel in war (which neighbours. The A rcadians, like the modem ^wiss,
among them was considered as the proper occupa- were most generally retained as auxiliaries in the
tion of freemen) ; and manly exercises alone were armies of the other Greek states. In earlier times,
permitted in the intervals of duty. Yet, while en- to engage as a mercenary in the service of a foreign
camped, the young men were encouraged to use power was considered dishonourable and the name ;
perfumes, and to wear costly armour, though the of the Carians, who are said to have been the first
adorning of their persons when at home would to do so, became on that account a term of reproach.
have subjected them to the reproach of effeminacy. The strength of a Grecian army -consisted chiefly
On going intc action, they crowned themselves with in its foot-soldiers and of these there were at first
;
garlands, and marched with a regulated pace, a but the dn^trai, who wore heavy ar-
two classes :
embraced by the Greek people, since it was found light-armed, having frequently only helmets and
necessary to decree punishments against such as small bucklers, with neither cuirasses nor greaves,
evaded the conscriptions. These consisted in a dep- and who were employed chiefly as skirmishers in
rivation of the privileges of citizenship, or in being
discharging arrows, darts, or stones. An interme-
branded in the hand. Deserters from the army diate class of troops, called TreAraora/, or targeteers,
were punished with death and at home, when a was formed at Athens
;
by Iphicrates, after the Pelo-
man absented himself from the ranks, he was made ponnesian war :* they were armed nearly in the
to sit three days in a public place in women's ap- same manner as the
oirterai, but their cuirasses
It was held to be
parel. highly disgraceful in a sol- were of linen instead of bronze or iron; their spears
dier if, after an action, he was without his buckler were short, and they carried small round bucklers
;
p.-obably because this implied that he, who ought (7reAT<u). These troops, uniting in some measure
to have maintained his post till the last moment, the
stability of the phalanx with the agility of the
had made a precipitate retreat a coward would ;
light-armed men, were found to be highly efficient;
throw away his buckler in order that he might run and from the time of their
adoption, they were ex-
faster.
tensively employed in the Greek armies.
A band
In the infancy of the Greek republics, while the of club-men is mentioned
by Xenophon among the
theatre of war was almost at the gates of each city, Theban
troops at the battle of Leuctra.
the soldier served at his own expense in that class Scarlet or crimson appears to have been the
of troops which his fortune permitted him to join.
general colour of the Greek uniform, at least in the
f
2. (Xen., Anab., vii.,R, 1.) 3 (Tbm
1. (Vid. Xeuophon's treatise entitled Iinr.-ipxK<5s-) 2. (Thu- 1. (Thucyd., iii.,17.) t>
eyil., T , 72.) 3. (Tt-cyd., i., 105.)-4. (Plutarch, Lycurg.) cyd., v., 47.) 4. (Xen., Hellen., iv., 4, & 16-18.)
ARMY. ARRIY.
1
the army was the whole number of the ^>i^ot who w ere at*
days of Xenophon for he observes that
;
of Agesilaus appeared all bronze and scarlet (anav- tached to a phalanx of heavy-armed troops.
ivptv %a TiKov, uTravra 6e <j>oiviica <j>aiva6at).
The Greek cavalry, according to ^Elian, w.i.i
The oldest existing works which treat expressly divided into bodies, of which the smallest wa*
of the constitution and tactics of the Grecian armies called Ihq: it is said to have consisted of 64 men,
are the treatises of JElian and Arrian, which were though the term was used in earlier time; for n
written in the time of Hadrian, when the art of war party of horse of any number.
1
A troop called
had changed its character, and when many details TriA.apx'ia contained two IZat and a division sub- :
sidered as having succeeded those which have been Aof finally, the eiriTay/j.a was equal to two rtvb?,
:
indicated above. and contained 4096 men. The troops of the division
^Elian makes the lowest subdivision of the army or class, called by ^Elian Taren tines, are supposed
to consist of a Ao^of, fc/caf, or ivuporia, which he to have been similar to those which also bore the
says were then supposed to have been respectively names of difiaxaL and viTaa-marai, and which cor-
61es of 16, 12, or 8 men and he recommends the responded to the present dragoons, since they en-
;
latter. The numbers in the superior divisions pro- gaged either on horseback or on foot, being attended
ceeded in a geometrical progression by doubles, by persons who took care of the horses when the
and the principal bodies were formed and denomi- riders fought dismounted. Their armour was heav-
nated as follow Four Xo^oi constituted a rerpap- ier than that of the common horsemen, but lighter
:
lia (=64 men), and two of these a rdfa (=128 than that of the 67rAmu and their first establish- ;
men). The latter doubled, was called a awraj/ua ment is ascribed to Alexander. It does not appear
or fevaym (=256 men), to which division it appears that war-chariots were used in Greece after the
that five supernumeraries were attached these heroic ages indeed, the mountainous nature of the
; ;
were the crier, the ensign, the trumpeter, a servant, country must have been unfavourable for their evo-
and an officer, called ovpayo$, who brought up the lutions. In the East, however, the armies frequently
rear. Four of the last-mentioned divisions formed. coming to action in vast plains, not only did the
(=1024 men), which, doubled, became use of chariots commence at a very early epoch,
a reAof, and quadrupled, formed the body which but they continued to be employed till the conquest
was denominated a 0dAayf. This corps would of Syria and Egypt by the Romans. Numerous
therefore appear to have consisted of 4096 men ;
chariots formed the front of the Persian line when
but, in fact, divisions of very different strengths Alexander overthrew the empire of Darius. Di-
were at different times designated by that name. visions of chariots were placed at intervals before
Xenophon, in the Cyropaedia, applies the term pha- the army of Molon, when he was defeated by An-
langes to the three great divisions of the army of tiochus the Great 3 and Justin relates* that theie
;
was a general expression for any large body of to the reign of that prince, those animals were
troops in the Grecian armies. That prince, how- generally employed in the Greek armies in Asia.
ever, united under this name 6090 of his most effi- They were arranged in line in front of the troops,
cient heavy-armed men, whom he called his com- and carried on their backs wooden turrets, in which
panions he subjected them to judicious regulations,
;
were placed from 10 to 30 men, for the purpose ot
and improved their arms and discipline and from ; annoying the enemy with darts and arrows. They
that time the name of his country was constantly were also trained to act against each other rushing :
applied to bodies of troops which were similarly together, they intertwined their trunks, and the
organized. stronger, forcing his opponent to turn his flank,
The numerical strength of the phalanx was prob- pierced him with his tusks the men, in the mean :
ably the greatest in the days of Philip and Alexan- time, fighting with their spears.* Thus, at the bat-
der and, if the tactics of ^Elian may be considered tle of
;
Raphea, between Antiochus and Ptolemy,
applicable to the age of those monarchs, it would one wing of the Egyptian army was defeated in
appear that the corps, when complete, consisted of consequence of the African elephants being inferior
about 16,000 heavy-armed men. It was divided in strength to those of India. Elephants were also
into four parts, each
consisting of 4000 men, who employed in the wars of the G reeks, Romans, and
were drawn up in files generally 16 men deep. The Carthaginians with each other.
whole front, properly speaking, consisted of two The four chief officers of a phalanx were dis-
grand divisions but each of these was divided into posed in the following manner: The first with
;
two sections, and the two middle sections of the respect to merit was placed at the extremity of the
whole constituted the centre, or o/ttiahof. The right wing the second, at the extremity of the left ;
:
The evolutions were performed upon the enomoty, like order was observed in placing the officers of
or single file, whether it were
required to extend or the several subdivisions of the phalanx. The reason
to deepen the line ; and there was an interval be-
given by ^Elian for this fanciful arrangement is,
tween every two sections for the convenience of that thus the whole front of the line will be equally
manoeuvring.* well commanded since, as he observes, in every ;
The smallest division of the ^L>.OL, or light troops, (arithmetical) progression, the sum of the extreme
according to the treatise of ^Elian, was the Aojof, terms is equal to that of the mean terms whatever :
and four of these are said to have formed a avara- a difficult task to determine the relative merit of
ffif. The sections afterward increased by doubling the officers with the precision necessary for assign-
the numbers in the
preceding divisions up to the ing them their proper places in the series. Expe-
, which consisted of 8192 men and this rienced soldiers were also placed in the rear of th
;
order was called TCVKVUOLQ. On some occasions up<t>icrTo/j.of and uvriaTo/iof. When the phalanx was
only one cubit was allowed, and then the order was in danger of being surrounded, it could be formed
called cvvaaKiff/*6(;, because the bucklers touched in four divisions, which faced in opposite directions.
each ciner. At the battle of Arbela, the two divisions of Alex-
Ill making or receiving an attack, when each ander's army formed a phalanx with two fronts ;
might otherwise fall on those in the rear. The the Lacedaemonians, attempting to extend their line
ranks beyond the fifth pressing with all their force to the right in order to outflank the Thebans,
against the men who were in their front, while they Epaminondas, or, rather, Pelopidas, attacked them
prevented them from falling back, increased the while they were disordered by that movement. On
effect of the charge, or the resistance opposed to this occasion, the Bo3otian troops were drawn up in
that of the enemy ;* and from a disposition similar the form of a hollow wedge, which was made by
to that which is here supposed in the Spartan
troops two divisions of a double phalanx being joined to-
1
at the battle of Plataea, the Persian infantry, ill gether at one end.
armed, and unskilled in close action, are said to It may be said that, from the disposition of the
have perished in vast numbers in the vain attempt troops in the Greek armies, the success of an action
to penetrate the dense masses of the Greeks. depended in general on a single effort, since there
In action, it was one duty of the officers to pre- was no second line of troops to support the first in
rent the whole body of the men from inclining to- the event of The dense order of the
any disaster.
wards the right hand to this there was always a
; phalanx was only proper for a combat on a perfectly
great tendency, because every soldier endeavoured level plain and even then the victory dependecl
;
to press that way, in order that he might be covered rather on the prowess of the soldier than on the
as much as possible by the shield of his companion ;
skill of the commander, who was commonly dis-
and thus danger was'incurred of having the army tinguished from the men only by fighting at their
outflanked towards its left by that of the enemy. head. But, when the field of battle was commanded
A derangement of this nature occurred to the army by heights, and intersected by streams or defiles,
of Agis at the battle of Mantinea. 2 Previously to the unwieldy mass became incapable of acting,
an action, some particular word or sentence, av'vfij]- while it was overwhelmed by the enemy's missiles:
(ia, was given out by the commanders to the such was the state of the "Lacedaemonian troops
soldiers, who were enabled, on demanding it, to when besieged in the island of Sphacteria. 3 The
distinguish each other from the enemy.* cavalry attached to a phalanx, or line of battle,
The Greek tactics appear to have been simple, was placed on its wings, and the light troops were
and the evolutions of the troops such as could be between the divisions.
in the rear, or in the intervals
quired, be thrown into the form of a solid or hollow other, as in the battle between the Lacedaemonians
square, a rhombus or lozenge, a triangle, or a por- and Olynthians. 3
tion of a circle. On a march it was capable of The simple battering-ram for demolishing the
contracting its front, according to the breadth of the walls of fortresses is supposed to have been an in-
road or pass, along which it was to move. If the vention of the earliest times we learn from Thuoyd- :
and weapons those carriages appear to have come it was then the custom to select the cavalry first,
;
not actually making a charge, covered themselves who refused to enlist could be punished by fine 01
with their bucklers the men in the first rank imprisonment, and in some cases they might be
;
ARMY (ROMAN). The organization of the Ro- the same privilege was sometimes granted by the
man army in early times was based upon the con- senate or the people to individuals who had render
stitution of Servius Tullius, which is explained ed services to the state.* In sudden emergencies,
under the article COMITIA CENTURIATA in which an or when any particular danger was apprehended, as
;
account is given of the Roman army in the time of in the case of a war in Italy or against the Grmls,
6
the kings and in the early ages of the Republic. both of which were called tumultus, no exemption
It is only necessary to observe here, that it appears could be pleaded, but all were obliged to be enrolled.
plainly, from a variety of circumstances, that the (Senatus dccrcmt, ut delectus haberelur, vacaliones ne
tactics of the Roman infantry in early times were valercnt.*) Persons who were rated by the censors
not those of the legion at a later period, and that below the value of 400 drachmae, according lo
the phalanx, which was the battle-array of the Polybius, were allowed to serve only in the navy ;
Greeks, was also the form in which the Roman and these men formed what was called the legio
armies were originally drawn up. (Clipeis antea classica.
Romani usi sunt ; deinde, postguam stipcndiarii facti In the first ages of the Republic, each consul had
sunt, scuta pro clipcis fecere ; et quod antea phalanges usually the command of two Roman legions and
similes Macedonicis, hoc postea manipulatim structa two legions of allies and the latter were raised in ;
acies ccepit esse.*) In Livy's description 3 of the the states of Italy nearly in the same manner as
battle which was fought near Vesuvius, we have the others were raised in Rome. The infantry of
an account of the constitution of the Roman army an allied legion was usually equal in number to that
in the year B.C. 337 but, as this description can- of a Roman legion, but the cavalry attached to the
;
not he understood without explaining the ancient former was twice as numerous as that which be-
fr-rmation of the army, we shall proceed at once to longed to the latter. 7 The regulation of the twc
lescribe the constitution of the army in later times. allied legions was superintended by twelve ofSceri
in the time of Polybius, which was that of Fabius called prefects (prtefccti), who were selected fa
and Scipio, every legion was commanded by six this purpose by the consuls. 8 In the line of battle
military tribunes and, in the event of four new the two Roman legions formed the centre, an/
;
legions being intended to be raised, 14 of the trib- those of the allies were placed, one on the right, a*ir
unes were chosen from among those citizens who the other on the left flank the cavalry was* pc<st<* ;
had carried arms in five campaigns, and 10 from at the two extremities of the line that of '.no al- ;
those who had served twice as long. The consuls, lies in each wing, being on the outward n>..ik of the
after they entered upon their office, appointed a day legionary horsemen,. on which account fiiey had the
on which all those who were of the military age name of Alarii. (Viii. AI.ARII.) A- body of the best
were required to attend. When the day for enroll- soldiers, both infantry and cavalry, consisting either
ing the troops arrived, the people assembled at the of volunteers or of veterans selected from the al-
Capitol ;* and the consuls, with the assistance of lies, guarded the consul in the camp, or served
the military tribunes, proceeded to hold the levy, about his person in the field ar.<l these were called :
other men were selected, and now the tribunes of each of 6200 foot-soldiers and 300 horse
(though
the second legion made the first choice then those the beat commentators ;
suppose that 5200 foot- sol-
of the other legions in order, and, last of and during the second war us
all, the diers are meant) ;
tribunes of the first legion made their choice. In Macedonia, the consul ./Ernilius Paulus had two
like manner, from the next four men, the
tribunes, legions of 6000 foot each, besides the auxiliai ies,
beginning with those of the third legion and ending for service in that country. 12 The strength ol the
with those of the second, made their choice. Ob-
serving the same method of rotation to the end, it
followed that all the legions were nearly alike with 1. (vi., ex. 2.) 2. (Liv., iv., 53 : vii., 4 Cic., pro Cfecin.. 34.)
icgionaiy cavalry seems to have been always nearly sometimes those belonging to several legions strero
the same. to have been united in one body (Ircdccim vcxillari-
The number of legions in the service of Rome orum milia ). (The subsignani mililcs in Tacitus1
went on increasing with the extent of its territory may be looked upon as the same with the vexillarii.*
;
and, after the Punic wars, when the state had ac- In Livy the triarii are said to be sub signis, where
3
quired wealth !>y us conquests in the East, the we perceive a close analogy between the old triara
military force became very considerable. Notwith- and the vexillarii or subsignani of the age of Taci-
standing the lost f s sustained at the battle of Can- tus, although we must not suppose that the vexil-
use, we lincl that, immediately afterward, the Romans larii were the same as the triarii.)
raised in the city four legions of infantry, with 1000 After the selection of the men who were to corn-
horsemen, besides arming 8000 slaves the cities ; pose the legion, the military oath was admit; jstered:
of Latium sent an equal force and, supposing ;
on this occasion, one person was appointed to pro-
10,000 men to have escaped from Cannae, the whole nounce the words of the oath, and the rest of the
would amount to above 50,000 men. In the second legionaries, advancing one by one, swore to per-
year after the battle, the Republic had on foot 18 form what the had pronounced. The form of
first
legions
l
and in the fourth year, 23 legions.*
;
In the oath differed at different times during the Re-
:
the interview of Octavius with Antony and Lepi- public, it contained an engagement to be faithful to
dus, it was agreed that the two former should pros- the Roman senate and people, and to execute all
ecute the war against Brutus and Cassius, each at the orders that should be given by the commanders. 4
the head of 20 legions, and that the other should Under the emperors, fidelity to the sovereign was
be left with three legions to guard the city. At introduced into the oath ;* and, after the establish-
Philippi, Antony and Octavius had, in all, 19 legions, ment of Christianity, the engagement was made in
which are said to have been complete in number, the name of the Trinity and the majesty of the
6 7
and increased by supernumerary troops and, there- ; emperor. Livy says that this military oath was
fore, their force must have amounted to at least first legally exacted in the time of the second Punic
100,000 infantry. On the other hand, Brutus and war, B.C. 216, and that, previously to that time, each
Cassius had also an army of 19 legions to .oppose decuria of cavalry and centuria of foot had only
them, with 20,000 cavalry from the eastern prov- been accustomed to swear, voluntarily among them-
inces According to Appian, Octavins, after the selves, that they would act like good soldiers.
death of Lepidus, found himself master of all the The vvhole infantry of the legion was drawn up
western provinces, and at the head of 45 legions, in three lines,each consisting of a separate class ol
together with 25,000 horse and 37,000 light-armed troops. In the first were the hastati, so called from
troops and there were, moreover, the legions serv-
; the hasta, or long spear which each man can Jed,
ing under Antony. Under Tiberius there were 25 but which was afterward disused 8 these weie the
:
legions even in time of peace, besides the troops in youngest of the soldiers. The second line was
3
Italy and the forces of the allies. formed of the troops called principes ; these were
Besides being designated by numbers, the legions men of mature age, and from their name it would
bore particular names. In a letter from Galba to appear that anciently they were placed in the front
Cicero,* mention is made of the Martia legio as
9
line. In the third line were the triarii, so called
being one of the veteran bodies engaged in an from their position and these were veteran sol-
;
action between Antony and Pansa in the north of diers, each of whom carried two pilae, or strong
Italy.
6
And while Caesar was carrying on the war javelins, whence they were sometimes called pita-
in Gaul, he gave the freedom of the city to a num- ni, and the hastati and principes, who stood before
ber of the natives of that country, whom he disci- them, antepilani.
plined in the Roman manner, and imbodied in a When vacancies occurred on service, the men
legion which he designated alauda ; because the who had long been in the ranks of the first, or infe-
men wore on their helmets a crest of feathers, like rior of these three classes, were advanced to those
those on the heads of certain birds. 6 The legions of the second whence again, after a time, they ;
were also distinguished by the name of the place were received among the triarii, or veteran troops.
where they were raised or where they had served, In a legion consisting of 4000 men, the number of
as Italica, Britannica, Parthica, or by that of the the hastati was 1200 that of the principes was the ;
emperor who raised them. same but the triarii amounted to 600 only if the
;
:
Tacitus, in the Annals and elsewhere, makes strength of the legion exceeded 4000 men, that of
mention of bodies of troops called vexillarii ; and, the several bodies was increased proportionally, the
as no precise account is given of them, the place number of the last class alone remaining the same.
which they held in the Roman armies can only be The usual depth of each of the three bodies, or
known by conjecture. It appears, however, most lines of troops in a legion, was ten men an inter- ;
probable, as Wa.lch has observed in a note upon the val, equal to the extent of the manipulus, was left
Agricola of Tacitus, that the vexillarii were those between every two of these divisions in the first
7
veterans who, after the time of Augustus, were re- and second lines, and rather greater intervals be-
leased from their military oath, but were retained, tween those in the third line. Every infantry sol-
till their complete
discharge, under a flag (vexillum) dier of the legion was allowed, besides the ground
by themselves, free from all military duties, to ren- on which he stood, a space equal to three feet, both
der their assistance in the more severe battles, in length of front and in the depth of the files, be-
guard the frontiers of the empire, and keep in sub- tween himself and the next man, in order that he
jection provinces that had been recently conquered. might have room for shifting the position of his
(Exauclorari, qui scnadena fecisscnt, ac relineri sub buckler according to the action of his opponent, for
nexillo, ceterorum immunes, nisi propuls&ndi kostis.*) throwing his javelin, or for using his sword with
There were a certain number of vexillarii attached advantage. 10 The divisions of the second lino were
to each legion and, from a passage in Tacitus, it in general placed opposite the intervals of the first,
;
9
would appear that they amounted to 500. They and, in like manner, the divisions of the third were
were sometimes detached from the legion, and opposite the intervals in the second. At the battle
1. (Liv., xxiv., 11.) 2. (Liv., xxv., 3.) 3. (Tac., Ann., iv., 1. (Tac., Hist., ii., 83.) 2. (Hist., i., 70 iv., 33.)
;
3. (Liv.,
5.) 4. (ad !>iv., x., 30.) 5. (Vid. Cir., Phil., iii.. 3.) .
viii., 8.)4. (Polyb., vi., ex. 2.) 5. (Tac., Hist., iv., 31.) 6.
(Plin., H N., xi., 44.) 7. (c. 18.) 8. (Tac., Aim., i., 36. Com- (Veget., De Re Milit., ii., 5.) 7. (xxii., 38.) 8. (Varro, D
Dre i . 17, 26, 38. 39.) 9. (Ana , iii., 21.)
Ling. Lat., iv., 16 ) 9. ;Liv., viii., 5 ) 10. ( Polyb., xrii .. x. 3.)
103
ARMY. ARMY.
in the those troops it was ordinarily adopted.
Zaraa, however, the divisions of troops j3ut, in the
before mentioned, the two classes in conjunction against Ariovistus, that if the other troops .should
continued the combat. In the mean time, the tria- refuse to follow him, he would advance with the
on the ground, covered them- tenth legion alone, and would make that legion hi*
rii, keeping one Knee
selves with their bucklers from the darts of the en- praetorian cohort.
It has been supposed that Marius, who, in order
emy and, in the event of the first and second lines
;
with them in making a to recruit the forces of the Republic, was compelled
falling back, they united
the victory. to admit men of all classes indiscriminately into the
powerful effort to obtain
The light-armed troops, bearing the name of vc- ranks of the legions, diminished to two the three
lites and fcrcn.ta.rii or rorarii, did not form a part lines of troops in which the Roman armies had been
of the legion, but fought in scattered parties, wher- previously drawn up for action but, if such were
;
ever they were required. They carried a strong the fact, the regulation could not have long remain-
circular buckler three feet in diameter; the staff of ed in force, since Caesar usually, as in the battle
iheir javelin was two cubits long, and about the with the Helvetians, 2 formed his army in three lines ;
and each tunna into first book of the Civil War, 3 Caesar,
turm<z, each containing 30 men, mentioning the
three decuria, or bodies of 10 men. Eacli horse- loss of. Q. Fulginus in an action against Afranius,
man was allowed a space equal to five feet in length designates him the first centurion of the hastati in
Each tunna had three
in the direction of the line. the 14th legion.
decurioncs, or commanders of ten but he who was ;
The allied troops were raised and officered nearly
first elected commanded the tunna, and was prob- in the same manner as those of the Roman legions,
tribune, but afterward by the centurion. (Vid. first granted to the foot A.U.C. 347, in the war with
CENTURIO.) The centurio also chose the standard- the Volsci,* and, three years afterward, to the
bearer, or ensign of his century (signifcr or vcxilla- horse, during the siege of Veii. Niebuhr, however,
rius*). Each century was also divided into bodies brings forward sufficient reasons for believing that
often, each of which was commanded by a dccurio the troops received pay at a much earlier period,
or decanus. The first centurion of the triarii was and that the aerarians (vid. ^ERARII) had alwayi
called primipilus ; he had charge of the eagle, and been obliged to give pensions to the infantry, as
he commanded the whole legion under the tribunes.* single women and minors did to the knights and ;
The light-armed troops were also formed into bands he supposes that the change alluded to by Livy con
or centuries, each of which was commanded by a sisted in this, that every soldier now became enti-
c^r-turion. tled to pay, whereas previously the numbp.r of pen-
To Marius or Caesar is ascribed the practice of sions had been limited by that of the persons liable
drawing up the Roman army in lines by cohorts, to be charged with them. 4 6
Polybius states the
which gradually led to the abandonment of the an- daily pay of a legionary soldier to have been two
cient division of the legion into manipuli ( Vid. MA- oboli, which were equal to 3J ases, and in thir-
NIPULI), and of the distinctions of hastati, principes, ty days would amount to 100 ases. A knight's
and triarii. Each legion was then divided into ten yearly pay amounted to 2000 ases and, since the ;
cohorts, each cohort into three maniples, and each Roman year originally consisted of only ten months,
maniple into two centuries, so that there were thir- his monthly pay amounted to 200 ases, which was
5
ty maniples and sixty centuries in a legion. (Co- double the pay of a foot-soldier. Polybius 7 informs
hors or chors, the Greek x"P TO S, originally signified us that a knight's pay was three times as much as
an enclosure 1V>
sheep or poultry, and was after- that of a foot-soldier ; but this was not introduced
ward used to d> *ignute the number of men which A.U.C. 354, and was designed, as Niebuhr has
till
could stand wit ;n such an enclosure.) From a remarked, as a compensation for those who serverf
passage in Livy, ,t appears that very anciently the with their own horses, which were originally sup-
allies or auxiliaries of Rome were 8
arranged by co- plied by the state. (Compare ^Es HORDEARIUM.;
horts a disposition which is again referred to in A centurion received double the
pay of a legionary
:
the 23d and 28th books of his history, 7 and in other The pay of the soldiers was doubled by Julius
places, whence it may be concluded that among Caesar. 9
In the time of Augustus, the pay uf a le-
gionary was 10 ases a day,
10
which was increased
still more by Domitian (addidit
1. (Sail., Jug., 38.) 2. (Festus, s. v.
Veget., De Re Milit., quartum stipendium
li
, 7.) 3. (Liv., viii , 8; xxxv., 5. Tacit., Ann., ii., 81.) 4
'Ltv., xxv., 19. Veg., ii.,8. Caes., Well. Gall., ii., 25.) 5. ("In 1. (Bell. Gall., i., 40.) 2. (Ibid., i., 24.) 3. (c. 46.) 4. LIT.,
legione sunt centuria> sexaginta, manipuli tnginta, cohortes de- 59.
iv., 5. (Rom. Hist., vol. ii.,
p. 438, transl ) 6. (vi., ex. 2
cem:" Cincius, A Gell., xv..
14; xxvii:., 45.)
ap. il. 4.) 6. (ii.,fi4). 7. (xxri s. 3.) 2.18
7. (vi., ex. (Liv. v., 12.) 9. (Su< t , .1 ul., 26.) 10
(Tiu-., Ann., i., 17.)
ARMY ARMY
Besides pay, the soldiers received a month- mann3r, ^Emilius obtained a victory over Persem
ly allowance of corn, and the centurions double, and at Pydna, 1 and Philip was defeated by Flaminius at
the horse triple, that of a legionary.* the battle of Cynocephalae.*
The infantry of the allies was supplied with corn The severity of the Roman discipline may be
equal in quantity to that of the Roman legionaries, said to have been occasionally relaxed, at least in
but their cavalry had less than was distributed to the provinces, even during the Republic for Scipio ,
the Roman cavalry. These regulations subsisted ^Emilianus, when he went to command the army in
only during the time of the Republic, or before the Spain, found that the legionary soldiers used carts
troops of the Italian cities were incorporated with to cany a portion of the burdens which formerly
those of Rome ;
and to the same age must be re- they had borne on their own shoulders. 8 But.
fer, ed the orders of march and encampment de- among the disorders which prevailed during th<
scribed by Polybius. An account of the marching reigns of the successors of the Antonines, one of
order of a Roman army is given under the article the greatest evils was the almost total neglect of
AUMEN. warlike exercises arr.^og the troops which guarded
No one order of battle appears to have been ex- the city of Rome. '1 le legions on the frontiers
clusively adhered to by the Romans during the time alone, in those times, sustained their ancient repu-
of the Republic, though, in general, their armies tation, and Severus, by their aid, ascended without
were drawn up in three extended lines of heavy- difficulty the throne then occupied by the unworthy
armed troops (triplex acics); the cavalry being on Julianus. The almost total abandonment of the an-
the wings, and the light troops either in front or cient military institutions may be said to have taken
rear, according to circumstances. At the battle of place soon after the time of Constantine for, ac- ;
Cannae, however, the infantry is said to have been cording to Vegetius,* who lived in the reign of Val-
drawn up in one line, and in close order. On this entinian II., the soldiers of that age were allowed
occasion, the Gauls and Spaniards, who were in to dispense with the helmet and cuirass, as being
the centre of the Carthaginian army, at first drove too heavy to he worn and he ascribes their fre- ;
back the Romans and the latter, drawing troops quent defeats by the Goths to the want of the an-
;
from their wings to strengthen their centre, formed cient defensive armour.
there a sort of phalanx, whose charge succeeded so Vegetius has given a description of the legion,
well that the enemy's line was broken but, press- which, though said to accord with that of the an-
;
ing forward too far, the wings of the latter closed cients, differs entirely from the legions of Livy and
upon the disordered troops, and nearly surrounded Polybius. He considers it as consisting of ten co-
them. In the engagement with Labienus, the army horts, and states that it was drawn up in three lines,
of Caesar, being attacked both in front and rear, of which the first contained five cohorts the troops ;
was formed into two lines, which were faced in op- of this line were called principes, and were heavy-
posite directions and, in the action with the Par- armed men, each carrying five arrows, loaded at
;
thians, Crass us drew up the Roman army in one one end with lead, in the hollow of the shield, be-
square body, having twelve cohorts on each of the sides a large and small javelin. The second line,
four sides, with a division of cavalry between every consisting of the troops called hastati, is said to
two cohorts in each face. have been formed by the remaining five cohorts.
The word of command was at first given aloud Behind these were placed the ferentarii (a sort of
at the head of the army but ^milius Paulus light-armed troops, who performed the duty of a for-
;
changed this custom, and caused the tribune of the lorn-hope) the target-men, who were armed with
;
nearest legion to give it in a low voice to his primi- darts, arrows, and swords and besides these there ;
pilus, who transmitted it to the next centurion, and were slingers, archers, and crossbow-men. In rear
so on. It appears also that, anciently, the men on of all came the triarii, who were armed like the
guard were at their posts during the whole day, principes and hastati.*
. Now
it was the general
and that, in consequence, they sometimes fell asleep practice, during the Republic, to place the principes
leaning on their shields. ^Emilius Paulus, in order in the second line, in rear of the hastati therefore, ;
to diminish the fatigue of the men and the chance if the disposition given by Vegetius ever had a real
of their sleeping, appointed that they should be re- existence, it can only be supposed to have been in
lieved every six hours, and that they should go on an age preceding that to which the description given
by Livy refers, or it was an arrangement adopted
6
guard without their shields. (Vid. CASTRA.)
The legion, during the continuance of the ancient on the occasion of some temporary reform which
discipline, was found to be more than equal to the may have taken place under the emperors. What
phalanx of the Greeks for general service, and Po- follows may, perhaps, be readily admitted to apper-
3
lybius has sufficiently accounted for the fact. This tain to the Empire under the greatest of its princes.
writer observes that, while the phalanx retained its The first of the cohorts, which bore the name of
form and power of action, no force was able to cohors milliaria, was superior to the others, botli
make any impression upon it, or support the violence with respect to the number and quality of the sol-
of its attack but he adds that the phalanx required
;
diers it had, also, the charge of the
; eagle and the
that the field of battle should be a nearly level plain ;
standard of the emperor. Its strength was 1105
even then the enemy might avoid it and, by ma- ; foot-soldiers, and 132 cuirassiers on horseback, and
noeuvring on its flanks and rear, might cut off its its post was on the right of the first line. The re-
supplies. On an action taking place, the command- maining four cohorts of the first line contained each
er of an army similar to that of the Romans had it 555 infantry and 66 cavalry, and the five cohorts
in hia power to lead on to the attack a portion only of the second line contained each the same number
of its line, keeping the rest in reserve in this case,
;
of infantry and cavalry. Thus the whole legion
whether the phalanx was broken by the legion, or was composed of 6100 foot-soldiers and 726 horse-
the former broke through any part of the enemy's men, not including either the triarii or the light
divisions, its peculiar advantages were lost for ; troops.
there would always be left spaces into which the After the establishment of the imperial authority,
enemy might penetrate and disperse the troops, the sovereign appointed some person of consular
whose long spears were of no avail against men dignity to command each legion in the provinces ;
armed with javelins and strong swords. In this and this officer, as the emperor's lieutenant, had
1. (Liv., xliv., 41.) 2. (Polyb., xvii., ex 3) 3. (Liv., Ejfc
r, Dom., 7.) -2. (Polyl)., vi n ex. 2.) 3. (ivii.. ex. 3.) 5'i.) -4. (i., 16.) 5. (Veget., ii., 6, 15.) -P.. Cviii., 8.)
n 'ttfi
ARM*. ARMY.
The the p aetorian cohort, had attended him as his guard,
1
1
or legatus legionis. first
the title of praftctus,
to have taken wo legions of infantry which had been raised in
appointment of this kind appears
of Augustus, and Tacitus men- Italy, and placed the whole in garrison in the chief
place in the reign
tions the existence of the office in the reign of
Ti- towns of that country, but never allowed more than
berius. The authority of the legatus was superior three cohorts to be in one city. 1 Tiberius after-
to that of the tribunes, who before were responsible ward assembled this body of mc.n in a fortified camp
In speaking of the officers of a at Rome,* but outside the walls of the city and
only to the consul. ;
1 two tribunes (probably there, during 300 years, they were at tieies the
legion, Vegetius mentions
meaning two classes of tribunes), of which the first, guards and the masters of the sovereign. In the
caltoti tribunus major, received his commission from ime of Tiberius there were nine praetorian co-
the ffT.peror ; the other, called tribunus minor, rose iorts,* but their number was increased to sixteen
to t- .at rank by merit or length of service. Subor- under Vitellius, four of whom
guarded the city.*
iHnate to the tribunes were, in each cohort, the sev- When Severus had got possession of the Empire,
eral centurions, who bore the general name of or- subsequently to the murder of Pertinax by these
dinarii.
3
To every hundred men there were prob- )raetorians, he disarmed the latter, and banished
in front of the division, and the optio, who remained :onvenient to be neglected by the despotic monarch
in the rear but it appears that Augustus and Ves-
;
of a vast empire, and he immediately drew from the
pasian increased the number
of officers of this class ; egions of the frontiers the men most remarkable
li/r Vegetius observes that those whom these two With these iie
8
for their strength and courage.
emperors added to the ordinarii were called Angus- formed an army of 25,000 men, to whom he gave
tales and Fiavialcs* The decurions or decani were, jay and privileges superior to those of the other
as formerly, the leaders of files. According to Dion ;roops and their commander, the praetorian prse-
;
Cassius, seven cohorts of troops were instituted by eci, was made both the head of all the military
force and the chief minister of the Empire.
Augustus for the defence of the city, and these By the
bore the name ofvigiles. It appears, however, that arrangements of Diocletian, a praetorian praefect
in the time of Tacitus they ceased to be considered was appointed, with both a military and a civil ju-
as soldiers for that writer takes no notice of them
; risdiction, in each of the four great provinces, Italy,
when, in enumerating the guards of Rome, he men- ul, Illyria, and the East, into which the Empire
5
tions three uroan and nine praetorian cohorts. was then divided but a large body of guards, un-
;
In a fragment of Arrian (the author of the work der the command of the praefect of Rome, contin-
on the Tactics of the Greeks) we have a brief no- ued to form the garrison of the city. Engaged in
tice of the constitution of a Roman army during the the cause of Maxentius, these troops, almost alone,
reign of Hadrian, and the description will probably withstood for a time the shock of Constantine'g
serve for any age between that time and the dissolu- allic army, and most of them are said to have
tion of the Empire. It was so regulated that, when covered with their dead bodies the ground which
they occupied when in line
7
drawn up in order of battle, the legions should be but, after the death of
;
in one line eight deep, and no mention is made of the former, the fortified camp of the praetorians was
any division of the troops into hastati, principes, destroyed, and their institution was suppressed.*
and triarii. The first four ranks were armed with The command of all the armies of the Empire
Ihe pilum, and the others with slender pikes or jave- was then committed by Constantine to two officers,
lins. The men in the front rank were to present who had the title of magistri militum ; one of these
their pila at the level of the enemy's horses' breasts, was placed over the cavalry, and the other over
and those in the second, third, and fourth ranks the infantry, yet both commanded indifferently the
were to stand ready to throw theirs. ninth rank A troops of both classes in any one army.
9
On the
was to consist of archers, and behind all were the division of the Empire their number was doubled ;
catapultae for projecting darts and arrows, and balistae and in the reign of Constantius it was increased to
for throwing stones, over the heads of the men in eight.
10
the magister mili-
According to Vegetius,
front. The cavalry were directed to be in the rear tum was a man of distinguished birth but thia ;
of the legions, probably in the event of being obliged writer observes that the troops were actually com-
to quit their stations on the wings. On the enemy manded by the praefectus legionis, who held an in-
making a charge, the second and third ranks were termediate rank between the magister militum and
to close up to the first, and all these were to pre- the tribunes, who were placed over the cohorts.
sent their pila the men in the fourth rank were to
; The hope of preventing those acts of insubordi-
throw their weapons directly forward, and those in nation which had occurred among the legionary
the rear were to discharge theirs over the heads troops, appears to have induced Constantine, or his
of the others. The march of the army was made immediate successors, to diminish the strength of
in one column. First came the Roman artillery, those bodies and, from a computation founded on
;
nary cavalry, then the catapultae and the light troops discipline which characterized the Roman line of
attached to the legions, followed by the legions battle in former times, but the progress of luxury
themselves, in cohorts four men deep. At the head had so far enervated the class of free citizens that
of the legion marched the praefect, his legate, the a sufficient number could not be found to fill the
tribunes, and the centurions of the first cohort. ranks of the army. Slaves were admitted into
The rear-guard consisted of the other half of the al- every corps except the superior class of cavalry ;
and the last notice we have of an engagement sus- signification. That thing was called arrha which
ained in the si>irit of the ancient baitls, is that the contracting parties gave to one another, whelhei
iven by Procopius, in his account of the Persian it was a sum of money or anything else, as an evi-
war, when, describing an action on the Euphrates dence of the contract being made it was no es
8 :
between the troops of that nation and those of Jus- sential part of the contract of buying and selling,
6
tinian, he says the latter presented a front which but only evidence of agreement as to price. If the
opposed to the assaults of the enemy's cavalry an arrha was given as evidence of a contract abso-
impenetrable line of pikes, while the bucklers of the lutely made, it was called arrha pacto perfecto data ;
men protected them from the flights of arrows with if it was given as evidence of a contract to be made
which they would have otherwise been overwhelm- at a future time, it was called arrha pacto imperfecto
ed. From this time a Roman army began to as- data. In the latter case, the party who refused to
similate to that of an Asiatic people its strength complete the contract lost the arrha which he had
;
consisting in its cavalry, which was armed with given ; and when he had received an arrha, but
cuirass, helmet, and greaves, and which had ac- given none, he was obliged to restore double the
quired dexterity in the use of the javelin and bow ; amount of the arrha. Yet the bare restoration of
while the infantry, formed of men taken from the the arrha was sufficient, if both parties consented
lowest rank in society, ill-armed and disciplined, to put an end to the contract, or if performance of
served chiefly as artificers or labourers, or attend- the contract was resisted by either party on suffi-
ants on the horsemen, and in action only engaged cient grounds. In the former case, the arrha only
with an infantry like themselves. served, if dispute arose, as evidence of the unalter-
*ARN'ABO (dpvudu), a medicinal substance no- able obligation of the contract, and a party to the
3
ticed by Aetius and Paulus yEgineta.* It would contract could not rescind the contract even with
appear that it is not noticed by the other medical the loss of the arrha, except by making out a proper
authors, whether Greek, Roman, or Arabic, unless case. Hence arose the division of the arrha into
we are to suopSse, with the commentators on confamatoria and panitentialis. If, in the formei
.tlesue, that it is the second Zerumbeth of Serapion, case, the contract was not completely performed,
ind thj Zarna'oum of Avicenna. If so, it must the arrha was restored, and the party who was in
'lave been Zcduary, for this is the Zerumbeth of Se- fault lost the arrha which he had given. But when
8
fapion. the contract was completely performed, in all cases
*ARNOGLOS'SOS (upvo/Awfrcrof or -ov), the herb where the arrha was money, it was restored, or
Plantain. Macer Floridus describes two species taken as part of the price, unless special customs
fery distinctly, namely, the Picmtag-* major and determined otherwise ; when the arrha was a ring,
lanceolata. Adams sees no reason to louM that or any other thing, not money, it was restored.
these are the two species noticed by Diosco.vtes, al- The recovery of the arrha was in all cases by q
though Sprengel hesitatingly refers them v the P. personal action.
i
Asiatica and maritima; and Sibthorp marks the cip- The arrha in some respects resembles the depos-
voyhuvcov p.iKp6v as being the P. lagopus. Stack- ite of money which a purchaser of land in England
house recognises the a. of Theophrastus as being generally pays, according to the conditions of sale,
the P. major, or the Greater Plantain* on contracting for his purchase.
*ARON (apov), a plant about which great uncer- The term arrha, in its general sense of an evi-
tainty prevails. Woodville holds it to be the Arum dence of agreement, was also used on other occa-
maculatum, L., or the Wake-robin but Alston says sions, as in the case of betrothmeht (sponsaliaj.
;
Four girls, of between seven and The red s\ilphuret of arsenic was called Sandarar
Skitophorion,
eleven years, were selected every year from the
1 cha, and the ancients appear to have been well
most distinguished families, two of whom super- acquainted with the kindred nature of both the yel-
intended the weaving of the sacred peplus of Athe-
low and red. (Vid. SANDARACHA.)
na, which was b^gun on the last day
of Pyanepsion ;* AR'TABA (uprddri), a Persian measure of capa
the two others had to carry the mysterious and
which contained, according to Herodotus, 1 1
city,
sacred vessels uf the goddess. These latter re- medimnus and 3 chrenices (Attic) =102 Roman sex-
tarii =12 gallons 5-092 pints but, according toSui
mained a whole year on the Acropolis, either in the 2
;
the festival commenced, the priestess of the goddess tained 1 Attic medimnus =96 sextarii =11 gallons
the contents of 7-1456 pints. There was an Egyptian measure r'
placed vessels upon their heads,
which were neither known to them nor to the the same name, of which there were two sorts, the
With these they descended to a natural old and the new artaba.
3
The old artaba contained
priestess.
grotto within the district
of Aphrodite, in the gar- 4 Roman modii =72 sextarii =8
gallons 7-359
dens. Here they deposited the sacred vessels, and pints. It was about equal to the Attic metretes ;
carried back something else, which was covered, and it was half of the Ptolemaic medimnus, which
and likewise unknown to them. After this the was to the Attic medimnus as 3 2. The later
:
phurct of arsenic, or orpiment." Celsus clearly in- principally at Delphi, where, according to Hege-
9
dicates what it was when he says "Auripigmentum, sander, they offered to the god a mullet on this oc-
quod, dpaevinov a Gracis nominatur."* In a word, casion, because it appeared to hunt and kill the sea-
it yellow orpiment, and this latter name itself is hare, and thus bore some resemblance to Artemis,
is
"
merely a corruption from auripigmentum, or paint the goddess of hunting. The same name was given
of gold." "It was called," observes Dr. Moore, to the festivals of Artemis in Gyrene a id Ephesus,
"auripigmentum, perhaps, not merely from its gold- though in the latter place the goddess vas not the
en colour and the use to which it was applied, but Grecian Artemis, but a deity of Eastern origin.
because the ancients thought it really contained *II. The name of an herb, commonly called Mug-
that metal. Pliny mentions, among other modes worth, or Motherwort. Dioscorides describes three
of obtaining gold, that of making it from orpiment species, the noTiimTiUvoc,, /zovd/cAwvof. and ?.tiTTt$vA-
;
and says that Caligula ordered a great quantity of f. The first, according to Sprengel, is the Artemisia
that 3ui3*.?. T K3 to be reduced, and obtained excel- arboresccns ; the second, the Artemisia spicata ; and
lent guid, but in such small proportion as to lose the third, the Artemisia campestris. Dierbach seems
by an experiment which was not afterward repeat- to entertain much the same ideas regarding the
ed.* Although no great reliance can be placed on species of wormwood comprehended under the
this account, we are not, of necessity, to regard upreuiffia of Hippocrates. The Wormwood holds
it as a fable for the mass experimented on may a prominent part in all the Herbals of antiquity, from
;
cause of the. potent qualities it was discovered to times an artery ; 1S in which sense the epithet Aeta,
possess qualities, however, which the arsenic of lavis, is sometimes added, to distinguish it from the
;
the shops exhibits in a more intense degree. 7 "Ga- trachea ; and sometimes, in the
plural number, the
len* says it was commonly called apcEviKov in his bronchia. 1 *
time, but two TUV dTTiKi&iv TU TTUVTO, flovhojiEvuv,
by those who wished to make everything conform
'
1. (i., 192.)2. (Strat., iv., 3, 32.) 3. (Didymus, c. 19.) 4.
to the Attic dialect,' uppevuiov" (Rhemn. Fann., Carmen de Pond, et Mens., v., 89, 90 Hieron.,
to According ad Ezech., 5.) 5. (BSckh, Metrolog. Untersuch., p. 242.
Pliny, orpiment was dug in Syria, for the use of Wurm, de Pond., &c., p. 133.) 6. (Find., Pyth., ii., 12.) 7
painters, near the surface of the ground ; Vitruvius 9 (Liv., xxv., 23. Plut., Marcell., 18.) 8. (Hesych., s. v.) 9
mentions Pontus as a locality, and Dioscorides
10 (Athenaeus, vii., p. 325.) 10. (Dioscor., iii., lib, 117. Adams
"
names Mysia as the country whence the best was Append., s. v.) 11. (Cic., De Nat. Deor., ii., 55 :
Sanguis pe
venas in omne corpus diffunditur, etspirituh per arterias." Com
brought ;
that of Pontus holding the second rank. pare Seneca, Quaest. Nat., iii., 15, t) 2. Plin.,H. N., xi., 88,89.
12. (Epidem., vii., 654, 663, ed. Kiihn.) 13. (Aristot., H. A
1. (&ppritj>6poi, ip<rr}<l>6poi, (pji<i>opoi : Aristoph., Lysist., 642.) i., 13, 5. Macrob., Saturn., vii., 15. Aret., p. 24, td. Kiilin.
*. (Suid., s. v. XaA/ctia.) 3. (ilarpocr., s. v.
Aiirvo<id;,oc 14. (Aret., p. 31. Cic., De Nat. Deor., ii., 54. Cels., De Med
*. <., i., 27, t, 4.) 4. (De Med., v , 5.)-5. (H. N., xxxiii., 15. (Cels., De Med., iv., 1, Art. quas
4.) iv., 1.) Kapwrifius TC
Mineralogy, p. 60.) 7. 8. (De Medicam.
^(Anc. (Id. ib.) cant. Ibid., ii., 10. Plin., H. N., xi., 88. Aret., p. 31, 2T
*..fa yivti.. iii., 2, \- 593, cd. Kuhn. Theophrastus has a&utvi- &c.)-l<5. (Auct. ad Herenn., iii., 12. Aul. GeJ! . N. A
>. 71, S9, 90.)- 9. (vii., 7.) 10. (v., 121. Moore, 1 c ) 26. -Aret., p. 25, &c.)
108
ARVALES FRATRES. . ARVALES FRATRES.
Notwithstanding the opinion of man)' of the an- the college met at the house of their president, tc
cients, that the arteries contained only air, it is make offerings to the Dea Dia on the second they ;
certain that the more intelligent among them knew assembled in the grove of the same goddess, about
perfectly well, 1. That they contain blood,
1
and five miles south of Rome, and there offered sacrifice*
even that this is of a different nature from that for the fertility of the earth. An account of the
which is in the veins. 8 Galen, from whom the last lifferent ceremonies of this festival is preserved in
idea is obtained, calls the pulmonary artery 0Aei/> an inscription, which was written in the first year
apTTipiudriz, because it conveys venous blood, al- of the Emperor Elagabalus (A.D. 218), who wa
tl ough it has the fonn and structure of an artery. ilected a member of the college under the name o'
2 That the section of an artery is much more dan- VI. Aurelius Antoninus Pius Felix.
1
The same in
gerous and more difficult to heal than that of a scription contains the following song or hymn,
vein.* 3. That there is a pulsation in the arteries which appears to have been sung at this festival
which does not exist in the veins, and of which the from the most ancient times :
10,000 feet,
si|iiare feet. Age nos, Lares, juvate.
Herodotus 5 mentions a measure of the same Neve luem, Mars, sinas *ncurrere in plures :
name, but apparently of a different size. He says Satur furere, Mars, pede pulsa linen, sta vcrbere
that it is a hundred Egyptian cubits in every direc- Seni(mes alterni advocabite cunctos.
tion. Now the Egyptian cubit contained nearly 17| Age nos, Mars, juvato :
proved by the legend which refers their institution Festi, a place between five and six miles from the
to Romulus, of whom it is said, that when his nurse city, in the direction of Alba. There is no boldness
Acca Laurentia lost one of her twelve sons, he al- in supposing that this was a custom handed down
lowed himself to be adopted by her hi his place, and from time immemorial, and, moreover, that it was
" Fratres
called himself and the remaining eleven a duty of this priesthood to invoke a blessing on the
\rvales." 9 We also find a college called the Sodales whole territory of Rome. It is proved by inscrip-
Titii, and as the latter were confessedly of Sabine tions that this college existed till the reign of the
origin, and instituted for the purpose of keeping up Emperor Gordian, or A.D. 325, and it is probable
10
the Sabine religious rites. there is some reason for that it was not abolished till A.D. 400, togethei
11
the supposition of Niebuhr, that these colleges with the other colleges of the pagan priesthoods.
corresponded one to the other the Fratres Arvales :
The private ambarv alia were certainly of a differ-
being connected with the Latin, and the Sodales ent nature from those mentioned by Strabo, ami
Titii with the Sabine, element of the Roman state, were so called from the victim (hostia ambarvalis),
just as there were two colleges of the Luperci, that was slain on the occasion, being led three
namely, the Fabii and the Quincttlii, the former of times round the cornfields before the sickle was put
whom seem to have belonged to the Sabines. to the corn. This victim was accompanied by a
The office of the fratres arvales was for life, and crowd of merry-makers (chorus et socii), the reap-
was not taken away even from an exile or captive. ers and farm-servants dancing and singing, as they
They wore, as a badge of office, a chaplet of ears of marched along, the praises of Ceres, and praying
corn (spicea corona) fastened on their heads with a for her favour and presence, while they offered her
white band. 18 The number given by inscriptions the libations of milk, honey, and wine.
6
This cere-
varies, but it is never more than nine though, ac- mony was also called a lustratio," or purification
1
; ;
cording to the legend and general belief, it amount- and for a beautiful description of the holyday, and
ed to twelve. One of their annual duties was to the prayers and vows made on the occasion, the
celebrate a three days' festival in honour of Dea reader is referred to Tibullus, lib. ii., eleg. i. It is,
Dia, supposed to be Ceres, sometimes held on the perhaps, worth while to remark that Polybius* uses
xvi., xiv., and xm., sometimes on the vi., iv., and language almost applicable to the Roman ambar-
HI. Kal. Jun., i. e., on the 17th, 19th, and 20th, or valia in speaking of the Mantineans, who, he says
ihe 27th, 29th, and 3()th of May. Of this the mas- (specifying the occasion), made a purification, and
ter of the college, appointed annually, gave public carried victims round the city, and all the country :
notice (indicebat) from the Temple of Concord on his words are, Oi 'NLavnvti? KaQappov enoiijvavTo,
the Capitol. On the first, and last of these days, Kal 0<p<iyta Trepu'ivEyicav r^f re irofaug KVK&U r.al r^f
1 . ( Aret., p. 295, 303, where arteriotomy is recommended.) There is, however, a still greater resemblance to
8. (Galen, De Usu Part. Corp. Hum., vii., 8.) 3. (Cels., De
Med., ii., (Vid. Galen, De Usu Puls., De Causis Puls.,
10.) 4.
1. (Marini. Atti e Monument degli Arvali, tab. xli. Orelli.
&.C., De Yen. et Arteriar. Dissect.)
5. (ii., 168.) 6. (Hussey,
2. (De Carmine Fratrum Arvalmm,
CUWUtf
Ancient Weights, &c.) 7.
*T I, IK lib") wvt/ mm \(Wurm,
* De Ponder.,
* *
-
f
*" -7 &c.,J p. 94.)/ *- '.r.ocnp., nr. 2270.)
Corp. rt, 1 1 T TT'.
5.
,
Rom.
8 (De Lm^. Lat., v., 85, ed. Muller.) 9. (Masurius-Sabinus p. 23.) 3. (Lex., s. v.) 4. (v., 3.) (Arnold, Hist., i,
7. T.
10. (Tacit., Ann., i., 53.) 11. 'Rom. 6. (Virg., Georg., 330.) (Virg., Eclog., ( 83.)-
ap. Aul. Cell., vi., 7.)
. . p. 3.', .) i.,
Hist., i., p. 303, transl.) 12. (Plin., II. N., xviit , 8. (i '., 21, $ 9.)
100
AS.
the ntes we have been describing, in the ceremonies which show that it was depressed to ^ and e vo,
AS, or Libra, a pound, the unit of weight among tinction that, even after the introduction of lightei
;
tne Romans. (Vid. LIBRA.) money, fines and rewards were reckoned in <cs
AS, the unit of value, in the Roman and old Ital- grave ; and that the style of the true Roman coins
ian coinages, was made of copper, or of the mixed which still remain by no means proves that the
metal called ^Es. The origin of this coin has been heavier pieces are much older than those of two
already noticed under Ms. It was originally of the ounces, but rather the contrary. His conclusion is,
weight of a pound of twelve ounces, whence it was that all the reductions of the weight of the as, from
called as libralis and as grave. The oldest form of a pound down to two ounces, took place during the
it is that which bears the figure of an animal (a bull, first Punic war. Indeed, if the reduction had been
ram, boar, or sow). The next and most common very gradual, it is impossible that the Republic could
8
form is that described by Pliny, as having the two- have made by it that gain which Pliny states to have
faced head of Janus on one side, and the prow of a been the motive for the step.
ship on the other (whence the expression used by The value of the as, of course, varied with its
Roman boys in tossing up, capita out navim*). The weight. Some writers, indeed, suppose that a rise
annexed specimen, from the British Museum, weighs took place in the value of copper, which compensa-
4000 grains the length of the diameter in this and the ted for the reduction in the weight of the as so
:
;
wo following cuts is half that of the original coins. that, in fact, the as libralis of Servius Tullius was
not of much greater value than the lighter money
of later times. But this supposition is directly con-
tradicted by Pliny's account of the reduction in the
weight of the as and it would appear that the value
;
the as 2 farthings.
The as was divided into parts, which were named
according to the number of ounces they contained.
They were the deunx, dextans, dodrans, bes, septum,
semis, quincunx, triens, quadrans or teruncius, sex~
tans, sescunx or sescuncia, and uncia, consisting re-
spectively of 11, 10, 9,8, 7, 6, 5, 4, 3, 2, H, and 1
ounces. Of these divisions the following were rep-
resented by coins ; namely, the semis, quincunx,
triens, quadrans, sextans, and uncia. There is a
solitary instance of the existence of the dodrans, in
a coin of the Cassian family, bearing an S and three
balls. We
have no precise information as to the
time when these divisions were first introduced, but
it was probably
nearly as early as the first coinage
Pliny* informs us that, in the time of the first of copper money.
Punic war (B.C. 264-241), in order to meet the ex-
The semis, semissis, or semi-as, half the as, or six
penses of the state, this weight of a pound was di-
ounces, is always marked with an S to represent its
minished, and ases were struck of the same weight
as the sextans (that is, two value, and very commonly with heads of Jupiter,
ounces, or one sixth of Juno, and Pallas, accompanied by strigils.
the ancient weight) and that thus the Republic
;
The quincunx, or piece of five ounces, is very rare.
paid off its debts, gaining five parts in six that af- :
There is no specimen of it in the British Museum.
terward, in the second Punic war, in the dictator-
It is distinguished
ship of Q. Fabius Maximus (about B.C. 217), ases by five small balls to represent
its value.
of one ounce were made, and the denarius was de-
creed to be equal to sixteen ases, the
The triens, the third part of the as, or piece of
Republic thus four ounces, is marked with four balls. In the an-
gaining one half; but that, in military pay, the dena-
rius was always given for ten ases and that, soon :
appear on both sides, with a thunderbolt on one side, from India, from the vicinity of Carpasus in Uyprua
and a dolphin, with a strigil above it, on the other. and from Carystus in Eubcea. In consequence ol
Its weight is 1571 grains. being found in the two latter localities, it was some
The iuadrans or teruncius, the fourth part of the times called " the flax of Carpasus" (hivov Ka^a-
1 " the
as, or piece of three ounces, has three balls to de- aiov ). and also Carystian stone" (/W'tfof Kapva-
note its value. An open hand, a strigil, a dolphin, riOf 2 ). It was well adapted for making the wicka
grains of corn, a star, heads of Hercules, Ceres, of lamps, because it is indestructible by fire and ;
Sec., are common devices on this coin. Pliny says hence the Greeks, who used it for this purpose, gav
1
that both the triens and quadrans bore the image of it the name ''asbestos," which means inextinguish-
a ship. able. Pausanias 3 mentions that the golden lamp
The sextans, the sixth part of the as, or piece of which burned day and night in the temple of Athena
ttvo ounces, bears two balls. In the annexed spe- Polias, at Athens, had a wick of this substance.
cimen from the British Museum, there is a cadu- It was also spun and woven into cloth. Thus
.eus and strigil on one side, and a cockle-shell on manufactured, it was used for napkins (^etpeKfta-
8
*hi; other. Its weight is 779 grains. yela,* ^apo/ia/crpo ), which were never washed, but
cleansed in a much more effective manner, when-
ever they required it, by being thrown into the
fire.
Another use to which asbestine cloth was aj>-
plied, was to preserve the remains of dead bodies
burned in the funeral pile. The corpse, having been
wrapped in a cloth of this substance, was consumed
with the exception of the bones, which were thus
The one ounce piece, or twelfth of the as,
uncia, kept together and preserved from being mingled
is marked by asingle ball. There appear on this with the ashes of the wood. But the expense of
coin heads of Pallas, of Roma, and of Diana, ships, this kind of cloth was so great, that it could only
frogs, and ears of barley. be used at the obsequies of persons of the most ex-
After the reduction in the weight of the as, coins alted rank. The testimony of Pliny, who alone
were struck of the value of 2, 3, 4, and even 10 ases, has transmitted to us the knowledge of this species
which were called, respectively, dussis or dupondius, of posthumous luxury, has been corroborated by
tressis, quadrussis, and decussis. Other multiples the discovery of pieces of the cloth in ancient Ro-
of the as were denoted by words of similar forma- man or Italian sepulchres. The most remarkable
tion, up to ccntussis, 100 ases but most of them do
; specimen of this kind was found at Rome, A.D.
not exist as coins. 1702, in a marble sarcophagus. The scull and bones
In certain forms of expression, in which as is of the deceased were wrapped up in it. Its dimen-
used for money without specifying the denomina- sions were about five feet by six and a half. Sinoo
tion, we must understand the as. Thus deni aris, its discovery, it has been carefully preserved in the
mille aris, decies aris, mean, respectively, 10, 1000, Vatican Library and Sir J. E. Smith, who saw it
;
dodrantes et semiuncias horarum.* a matter of curiosity. *II. The Greek medical wri-
The as was also called, in ancient times, assarius ters use the term uadearnc. in a very different sense
(gc. nummus). and in Greek rb damipiov. Accord- from the preceding. With them it indicates Calx
5
ing to Polybius, the assarius was equal to half the viva, or Quicklime (riravoq being understood). By
obolus. On the coins of Chios we find uocrupiov, Dioscorides it is more specially applied to the lime
of sea-shells. " I am not aware," observes Adams,
daaupiov uaaupia 6vu, uaffupia rpla.
f/^ticrv,
" that
*AS'ARUM (uaapov), a plant. There can be no any Greek author uses the term uafacrroi in
doubt, observes Adams, that it is the Asarum Euro- the sense in which it is employed by the Latin wri-
paum, or common Asarabacca. Dodonaeus men- ters and by modern naturalists." 7
tions that it had got the trivial name of Baccar in *ASCALABO'TES
(utr/ca/lafiwr^f), a species of
French, and hence supposes Asarabacca was a com- Lizard. Its Greek names are dcKaXaGuTr/c, uanaXa-
pound of the two terms. He denies, however, that 60?, yaheurris, and /cw/lwr^f, all of which appellations
it is the real Bacckaris of the ancients. But Spren- are given to one and the same animal, namely, the
gel advocates this opinion, and mentions in confirm- Spotted Lizard, the Stellio of the Latin writers, and
ation of it, upon the authority of the Flora Veronen- the Lacerta gecko of Linnaeus. The Stellio lived in
m, that the Asarabacca is called bacckera and bac- walls, and was accustomed to run along these and
8
cara by the inhabitants of the district around Vero- on the roofs of houses. It was considered the en-
na.* According to
Sibthorp,
it still
grows in what emy of man, venomous and cunning. Hence the
was once the Laconian territory, and in the country term stellionatus, denoting all kinds of fraud in bar-
around Constantinople. gaining, and the old English word steilionate, or
ASBES'TOS or AMIANTUS (uatearoc, dpiuv- Fraud in the contract. The Stellio is the Tarentolc,
TO-). This mineral, which is generally white, and or Gecko tubcrculcux of the south of Europe. It
has sometimes a greenish hue, and which consists must not be confounded with the Lacerta stcllio, L.,
of soft flexible fibres, was obtained by the ancients
1. (II.
N., nuciii., 13.) 2. (Vid. Cic., pro Cscina, c. 6.) 3.
(H N., 6.)~4. (II. N., ii., 14.) 5. (ii., 15.)
xvi.i., .
(Dios-
eor , Galen, De Simpl., vi. Adams, Append.,
i., 9. . v Bil-
lerbeck, Flora Claasica, p. 116.)
ASCIA. ASCYRON.
r the Stellio of the Levant. This misapplication to dfforov ntrpov,' and denoted a rock in its natu-
of the term was first made by Belon. The Lacerta ral state.
I /: j.
probably, like those of Epidaurus, solemnized with
lu using the adze, the shipwright or carpenter was musical contests. They took place on the eighth day
ai*. ays in danger of
inflicting severe blows upon his of the month of Elaphebolion.
ov, n feet if he made a false stroke. Hence arose *ASC'YRON (uaKvpov), a plant. Dioscorides
t.
proverb applied to those who were their own en- puts it beyond a doubt, that the uanvpov is a speciea
tmies, or did themselves injury Ipse mihi asciam
: of Hypcricum, or St. John's-wort but xvhich spe- ;
>n cms
impegi* Another proverbial expression, de- cies it is cannot be satisfactorily determined. Spren-
nved from the use of the same tool, occurs in Plau- gel, in the first edition of his R. H. H., prefers the
Hy-
*,us.
7
The phrase Jam hoc opus est cxasciatum pcricum Androscemum, or Tutsan but in his edition ;
moans, "This work is now begun," because the of Dioscorides he hesitates between the H. perfo-
i
ough-hewing of the timber by means of the ascia, ratum and the H. montanum. Dodonaeus is for the
1 he formation of balks or
planks out of the natural former, and Matthiolus for the latter. Adams thinks
t runk or branches of a
tree, was the first step to- that the description of Dioscorides is more applica
\7anU the construction of an edifice. On the other ble to the androsamum than to the
perforatum.
band, we read in Sophocles of a seat not even thus
8
Dagh-hewn. The expression used is equivalent
1. (1. 19.) 2. (Vitruv., vii., 2. Pallad., i., 14.) 3. (i., 43.*
4. (Phil, a Turre, Mon. Vet. Antii, c. 2.) 5. (1. c.) 6. (H
P., L, 10.) 7. (Thecphrast., H. P., ix., 12. Dioscor., iii., 96.
1 (Cuvier's Anim. Kingd., vol. ii., p. 38, transl.) 2. (Adams, Adams, Append., s. v. Billerbcck, Flora Classica, p. 61.) 9
Ajwxind., s. v.) 3. (Ins. Vet.
Thes., i., 534-536.)!. (v , 237.) (^Eschines, c. Ctes., p. 455. Bockh, Staatshaush., ii., 253.)
5 (De Leg., ii., 23.) 6. (Petron.. Sat.., 74.) 7.
(Asin., ii., 2, (Billerbeck, Flora Classica, p. 200. Dioscor., iii., 162.
m
l )~8. (frldpov aaninapvov (Ed. Col.. 101.)
:
Append., g. v.)
ASlLriEIAS GRAPHE. ASIARCILE-
of asylums, the interruption of sacrifices and festi- mentions" two other courses that an accuser might
vals, the mutilation of statues of the' gods, the in- adopt, 6iKa&adai Trpof Ev^o/lTr/Jaf, and (ppd&iv rrpof
troduction of deities not acknowledged by the state, rbv Pacritea, of which it is difficult to give a satis-
and various other transgressions peculiarly defined factory explanation.
by the laws of the Attic sacra, such as a private ASIAR'CtLE (uaidpxat) were, in the Roman
celebration of the Eleusinian mysteries and their provinces of western Asia, the chief presidents of
divulgation to the uninitiated, injury to the sacred the religious rites, whose office it was to exhibit
olive-trees, or placing a suppliant bough (iKeTJjpia) games and theatrical amusements every year, in
on a particular altar at an improper time. 3 The honour of the gods and the Roman emperor, at their
heretical delinquencies may be exemplified by the own expense, like the Roman aediles. As the ex-
expulsion of Protagoras* for writing that "he could hibition of these games was attended with great
not learn whether the gods existed or not," in the expense, wealthy persons were always chosen to fill
5
persecution of Anaxagoras, like that of Galileo in this office for which reason Strabo says that some
;
after times, for impugning the received opinions of the inhabitants of Tralles, which was one of the
about the sun, and the condemnation of Socrates cities in Asia Minor, were always
most wealthy
for not holding the objects of the public worship to chosen asiarchs. They were ten in number, se-
be gods. 6 The variety of these examples will have lected by the different towns of -Asia Minor, and ap-
shown that it is impossible to enumerate all the proved of by the Roman proconsul of these, one was ;
cases to which this sweeping accusation might be the chief asiarch, and frequently, but not always,
extended and, as it is not upon record that reli-
; resided at Ephesus. Their office only lasted for a
7
gious Athens was scandalized at the profane jests year but they appear to have enjoyed the title as
;
of Aristophanes, or that it forced Epicurus to deny a mark of courtesy for the rest of their lives." This
that the gods were indifferent to human actions, it title also occurs in a Greek inscription at Assos in
13
is difficult to ascertain the limits at which
jests and Mysia, copied by Mr. Fellows. In the letter writ-
scepticism ended, and penal impiety began. ten by the Church of Smyrna respecting the mar-
1*
With respect to the trial, any citizen that pleased tyrdom of Polycarp, we read that Philip the asiarch
6 ^ov'Xofj.svof which, however, in this, as in all oth- was requested by the infuriated people to let loose
er public actions, must be understood of those only a lion against Polycarp, which he said it was not
wlio did not labour under an incapacitating disfran- lawful for him to do, as the exhibition of wild beasts
ch sement (aripa) seems to have been a compe- had been finished. In another part of
tent accuser but, as the nine archons and the arei-
;
opagites were the proper guardians of the sacred 1. (Lysias, ITepi TOV ZTJKOV, 282.) 2. (Antiph., Tetral., ii., p.
674.) 3. (Att. Process, 300, 304, n. 34.)-^. (Meier, Alt. Pro-
which appears to show that he must have been chie: introduces upon the stage a slave carrying a heavy
asiarch of the province. load by means of it and he describes the act of
;
ASILL'A (uCTtXla) was a wooden pole or yoke, transferring it from one shoulder to another by the
held by a man either on his two shoulders, or more phrase /j.Ta6a?i?i6/iivof ruvu^opov.
1
commonly 03 one shoulder only, and used for car- *ASI'LUS, a species of Gadfly or Horsefly, ac-
rying burdens.
customed to sting cattle. Virgil* makes it the same
The paintings in the ancient tombs of Egypt with the olorpof of the Greeks, and Varro" gives to
in that it the name of Tabanus. Pliny,* on the other hand
prove the general use of this implement
informs us that it was called both tabanus and an
country, especially for canying bricks, water-pails
to irrigate the gardens, and baskets with all kinds lus. As in Latin, so in Greek there are two names,
ftf provisions for the market. olffTpof and fivuip.
Mr. Burton found atBochart 5 and Aldrovandi* have
Tbebes a wooden yoke of this kind, with one of the
proved very satisfactorily, that by the Greek poets
leather straps belonging to it. The yoke (which i and writers on Belles Lettres these two terms were
now ia the British Museum) is about :J feet long, used indiscriminately, but that Aristotle and other
8 writers on matters of science apply the former
and the strap about 16 inches.
We also find this instrument displayed in works (olarpof ) to a species of gadfly, meaning, very prob-
of Grecian art. A small bronze lamp found at Sta- ably, the Oestrus lovis or Breeze, and the latter to a
bise (see the annexed woodcut) represents a boy species of horsefly, the Tabanus baeinus. This Ad-
carrying two baskets suspended from a pole which ams considers the most satisfactory account of the
rests upon his right shoulder. The two other rep- matter he deems it right, however, to mention,
;
resentations here introduced, though of a fanciful that Schneider, treating of the fivuty of ^Elian, pro-
or ludicrous character, show by that very circum- fesses himself unable to determine whether it was
stance ho\v familiar the ancients must have been a species of (Estrus, Tabanus, or Hippobosca; and in
with the use of this piece of furniture. The first is another place he offers it as a conjecture, that the
from a beautiful sardonyx in the Florentine muse- olaTpof of Aristotle was a species of Culex, or gnat.
um it represents a grasshopper carrying two bas- It seems agreed that the Asilus of Virgil was the
;
7 8
kets, suspended each by three cords from the ex- Breeze. Martyn gives a description of the Asillo,
tremity of the yoke, and skilfully imitates the action which he takes to be the same with the Asilus,
of a man who is proceeding on a journey. The from an Italian author. He represents it as "in
other is from a Greek painted vase, 3 and, under the shape somewhat resembling a wasp or wild bee.
disguise of a satyr, shows the mode in which lambs It has two membranaceous wings, with whic' it
1
tysnd. In the works of the Arabian writers on snake of India, the chief apparent difference being
Husbandry, it is said that the Aspalathus has a pur- its want of the singular yellow mark on the back of
ple flower and an acid taste, and has
no fruit. Ac- the neck, from which the latter species derives its
other respects these two serpents are
cording to Maeris Atticista, the Attics used uoirdli- name. In
<z0ot for aKavdai f the other Greeks.
<r
We
may con- nearly of the same size they are equally venomous, ;
clude, then, that it was often applied loosely to all and both have the power
of swelling out the neck
kinds of thorns.' The rind of the root of the As- when irritated, and raising themselves upright upoa
their tails, to dart by a single bound upon their ene-
palathus yielded an aromatic oil.
*ASP'ALAX (dffTzAaf), a species of Mole, called mies. The poison of the Asp is of the most deadly
(rrdAn
8
by Aristotle, airdTtMip by Aristophanes,
3
nature. The habit which this serpent has of erect-
and aifvevf by Lycophron.* It is generally set ing itself when approached, made the ancient Egyp-
down as being the Talpa Europea, L., or common tians imagine that it guarded the places which it
Mole but it is deserving of remark, that Olivier,
;
inhabited. They made it the emblem of the divin-
in his Travels, has described a species or variety ity whom they supposed to protect the world and, ;
of mole found in Asia Minor, which, Dr. Trail of accordingly, they have represented it on their tem-
1
Edinburgh thinks, answers better to Aristotle's de- ples, sculptured on each side of a globe." II. ( Vid.
aware that the Mole is not blind, although it has *ASPLE'NIUM (da^vtov), a plant, which Spren-
very small eyes.* gel follows Tragus in referring to the Asplenium ce-
*ASPAR'AGUS (utTTrapayoc or aa<pupayof), the terach, or, as he proposes to call it, Gymnogramma
Asparagus, a well-known vegetable. Theophras- ceterach, our Spleenwort or Milkwaste. He admits
tus* remarks that Asparagus has thorns in place of that he could not ascertain the origin of the term
" the word ceterach
leaves, so that it is easy to perceive he means the ceterach. Miller, however, says
Asparagus apkyllus, L. The wild Asparagus, called is Arabic." 2 The Asplenium took its name from
uvuKavdos by the Greeks, and corruda by the Ro- its supposed disorders of the spleen.
utility in
mans, was more used in medicine. The Greeks ASSA'RIUS NUMMUS. (Vid. As.)
also applied the term aairdpayog to all tender stalks ASSERES LECTICA'RII. (Vid. LECTICA.)
or stems shooting up for the production of fruit or ASSERTOR or ADSERTOR contains the same
seed. 7 The Attics wrote dcydpa-yoc with the root as the verb adserere, which, when coupled with
aspi-
rated letter, as the grammarians and also Galen in- the word manu, signifies to lay hold of a thing, to
form us. 8 The common name at present in Greece draw it towards one. Hence the phrase adserere in
liber latent, or liberali adserere manu, applies to him
is anapdyyi or a^apayyia.
*ASPHALT / US. (Vid. BITUMEN.) who lays his hand on a person reputed to be a slave,
*ASPHOD'ELUS (d^oJeAof), a plant, called by and asserts or maintains his freedom. The person
" Hastula
Apuleius regia," and hence its English who thus maintained the freedom of a reputed slave
name, " King's Spear." According to Sprengel, the was called adsertor, and by the laws of the Twelve
3
dff^ode-Aof of Galen is the Ornithogalum Stachyoides ; Tables, it was enacted in favour of liberty, that such
bu that of Theophrastus and Dioscorides the As- adsertor should not be called on to give security in
1
fhodelus ramosus, L. This is the famous herb the sacramenti actio to more than the amount of L,
which Homer represents as growing in the meads asses. The person whose freedom was thus claim-
of Elysium. Eustathius 9 mentions tflat it was fre- ed was said to be adscrtus. The expressions liber-
quently planted in the neighbourhood of sepulchres. alis causa and libcralis manus, which occur in class-
The common name of the Ornithogalum is the Star ical authors in connexion with the verb adserere,
of Bethlehem. The Asphodelus was used as a pot- will easily be understood from what has been said/1
herb in the time of Hesiod. 10 According to Sibthorp, Sometimes the word adserere alone was used as
6
the common name for this plant at the present day equivalent to adserere in libertatem.
is ua$b6?(.u. In Laconia it is termed an&vpddicvAa, The expression asserere in servitutem, to claim a
8
in Attica KapaGoiJKi. person as a slave, occurs in Livy.
*ASPIS (daTTif), I. the Asp, a species of noxious ASSESSOR or ADSESSOR, literally one who
serpent often mentioned by both Greek and Roman sits by the side of another. The duties of an as-
7 "
writers and from the discrepances which are ob- sessor, as described by Paulus, related to
; cogni-
servable in the accounts given by different authors, tiones, postulationes, libelli, edicta, decreta, episto-
it would seem that several different species of poi- lae ;" from which it appears that they were employ-
sonous serpents were known to the ancients under ed in and about the administration of law. The
this common name. Galen, in fact, and the other consuls, praetors, governors of provinces, and the
medical authorities, describe three varieties of the judices, were often imperfectly acquainted with the
11
Asp, namely, the Ptyas, Chersaea, and Chelidonia. law and the forms of procedure, and it was neces-
^Elian, however, affirms that the Egyptians distin- sary that they should have the aid of those who had
ia " From various made the law their The praefectus praetorio
guished sixteen varieties of it. study.
circumstances, and particularly from the descrip- and praefectus urbi, and other civil and military
tion of Pliny, 1 * it is evident that the most common functionaries, had their assessors. An instance is
and celebrated of the Asp species was that to which mentioned by Tacitus 9 of the Emperor Tiberius as-
the modern Arabs give the name of El Haje, or sisting at the judicia (judiciis adsidebat), and taking
Haje Naschcr. This animal measures from three to his seat at the corner of the tribunal but this pas- ;
of the neck, back, and upper surface of the tail are acter of an assessor, properly so called the remark :
slightly carinated, and the tail is about one fourth of Tacitus shows that, though the emperor might
part the length of the whole body. The haje is have taken his seat under the name of assessor, ho
closely allied to the cobra capcllo, or spectacled could be considered in no other light than as the
head of the state.
1. 19.
(Dioscoi-., Theophrast., H. P., ix., 7. Adams, Ap-
i.,
.v.) 9. (In Od, xi., 538.) -10. (Op. et IX, 41. Adams, Ap- Adelph., II., i., 40. Plaut., Pom., IV., ii., 83. Vid. etmm Dig
pend., s. v. Billeibeck, Flora Classica, p. 92.) 11. (Theriaca 40, tit. 12, De liberali Causa.) (Cic., pro Flacc., c. 17.)
5. ft
ad Phones.) 12. (N. A , x,, 31.) 13. (H. N., viii., 35.) (iii., 44 ; txxiv., 18.) 7. (Dig. 1, tit. 21, a. 1.) 8 (Ana i . . 75 )
llfi
ASTEll ATTICUS. ASTRAGALUS.
The Emperor Alexander Severus gave the as- among bees. The Aster grows in the valleys a to
sessores a regular salary.
1
Freedmen might be on the hillsof Italy and Sicily, frequently in a wild
Sibthorp found it also near Athens.
1
assessores. In the later writers the assessores are state. It
used to grow abundantly in Attica.
mentioned under the various names of conciliarii,
&c. studiosi juris, men-
The *ASTER'IA, a gem, mentioned by Pliny, which
juris studiosi, comites,
came from India and from Carmania. It derived
tioned by Gellius* as assistant to the judices (quos
adhibere in consilium its name from its starlike lustre when exposed to
solent), were the as-
judicaturi
sessores. Sabinus, as it appears from Ulpian,
3
the rays of the sun. Mineralogists make it to have
wrote a book on the duties of assessors. The as- been that variety of opal which is called girasole,
sessors sat on the tribunal with the magistrate. from its reflecting a reddish light when turned to-
Their advice or aid was given during the proceed- wards the sun. Pliny describes it as difficult to
but they never pro- " the
ings as well as at other times, engrave ; difficulty," observes Dr. Moore,
"
nounced a judicial sentence. As the old forms of arising probably, not from its hardness, but from
the numerous minute fissures which traverse opal
procedure gradually declined, the assessores,
4
ac-
author appearing to derive its name from Asia gen- moon." Dr. Moore considers Werner's opinion the
erally. All these writers agree in classing it with most probable, that it is the same with the moon-
the stones which, from their consuming the bodies stone of Ceylon.*
of the dead enclosed within them, were called sar- ASTRAG'ALUS, an astragal, one of the mould
cophagi (aapKoij>a-yoi). The Assian stone was char- ings in architecture, more especially characteristic
acterized by a laminated structure, a saline efflo- of the Ionic order.
rescence of a sharp taste, and its styptic properties. 8 The astragal is always found as the lowest mem-
Galen, in describing this stone, says that it is of a ber of the Ionic capital, forming the division be-
spongy substance, light and friable that it is cov-
;
tween it and the fluted shaft of the column. Of
ered with a farinaceous kind of powder, called the this we have a beautiful example in the remains ol
Flower of the Assian stone that the molecules of
;
the Temple of Bacchus at Teos, which, as we are
this flower are very penetrating; that they consume informed by Vitruvius, 4 was built by Hermogenes
flesh and that the stone has a similar property, but
;
of Alabanda, one of the most celebrated of the an-
in a less degree. This efflorescence had, moreover, cient architects, and of which he wrote a full
a saline taste. Galen adds, that it was of a yellow description. One of the capitals of this temple is
or whitish colour, and that, when mixed with resin shown in the annexed woodcut. Above the astra-
of turpentine or with tar, it removed tubercles. gal we see the echinus, and on each side of it the
9
Piiny repeats almost the same account. volute, towhich is added an ornament in imitation
*AST'ACUS (dora/cof), a sea animal, described of the aplustre of a ship. (Vid. APLUSTRE.)
by Aristotle, Galen, Oppian, Julian, and others. It The astragal was used with a beautiful effect not
belongs to the class Crustacea, and is called Gram- only in Ionic, but also in Corinthian buildings, to
maro by the Italians, Homar by the French, and border or divide the three faces of the architrave ;
Craw-fish by the English. It is the Astacus fluvia- and it was admitted under an echinus to enrich the
lis, L Cuvier has shown that it is the Elephantus cornice. The lower figure in the woodcut shows a
of Pliny. 10 small portion of the astragal forming the upper edge
*ASTER (affrjjp). I. A
species of bird, most of an architrave, which is now in the British Mu-
probably the Fringilla rubra, or Smaller Redpole. seum, and which was part of the Temple of Erech-
II. The
genus Stella, or Star-fish. It has been va- theus at Athens. It is drawn of the same size as
riously classed under Zoophyta, Mollusca, and the marble itself. The term astragalus, employed ""
Crustacea, by both ancient and modern naturalists. by Vitruvius,* was no doubt borrowed from
III. One of the varieties of the Samian earth was
also called by this name. ( Vid. SAMIA TERRA.)
*ASTER ATT'ICUS a plant.
('Acrr^p 'A-m/cof),
According to Apuleius, the Asterion, Asteriscon,
Aster Atticus, and Inguinalis, are synonymous.
Stackhouse and Schneider farther identify the uarsp-
iaKOf of Theophrastus with it. Martyn is at great
pains to prove that the
" Amellus" of
Virgil is the
Aster Atticus. Botanists accordingly
give to the
Italian blue Starwort the name of Aster amellus.
The flower of the Aster has its leaves radiated like
a star, whence its name " a
(aarfip, star"). This
plant was employed in swellings of the groin,
whence the names of Inguinalis and Bubonium
that were sometimes applied to it. Another ancient
appellation, Amellus, was derived from that of the
river (the Mela, in Cisalpine Gaul) on the banks of
genes and other Greek writers on architecture. \\
which this plant grew very abundantly. The root denoted a bone in the
foot of certain quadrupeds,
of the Aster, cooked in old Aminaean
wine, is men- the form and use of which are explained under the
tioned by Columella as a good
remedy for sickness corresponding Latin term TALUS. A number of
1.
(Dioscor., iv., 118. Martyn in Virg., Georo-., iv., 271.
1.
(Lamprid., Alex. Sev., 46.) 2. (xii., 13.) 3. (Dig. 47, tit. Adams, Append., s. v.
10, s. 5.) 4. (Geschichte des Rom. Rechts im Columella, ix., 13, 8. Billerbevk, Flora
Mittelalter, i Classica, p. 216.) (Plin., H. N., xxxvii., 47.
2. Moore's Anr.
.
cession of oval figures alternating with angular protection of the ill-treated slaves, who could take
projections, which was probably
imitated in this refuge in this place, and compel their masters to
moulding by the inventors of the Ionic order. The sell them to some other person. 1 The other plaoes
moulding afterward retained the same name, not- in Athens which possessed the jus asyli were, the
a
withstanding great alterations in its appearance. altar of pity, ihiov /3w/*df, which was situated in
" the agora, and was supposed to have been built by
Vitruvius speaks of the astragali" in the base of
tht Ionic column. These were plain semicircular Hercules ; J the altar of Zeus 'Ayopaibf the altars ;
mouldings, each of which resembled the torus, ex- of the twelve gods ; the altar of the Eumenides on
cept in being very much smaller. (Vid. SPIRA.) the Areiopagus; the Theseum in the Piraeus; and
ASTPATEI'AS TPA*H (uoTpareiac -ypa<j>7]) was the altar of Artemis at Munychia.* Among the
the accusation instituted against persons who failed most celebrated places of asylum in other parts of
to appear among the troops after they had been Greece, we may mention the Temple of Poseidon
in Laconia, on Mount Taenarus ;* the Temple of
1
enrolled for the campaign by the generals. Any
Athenian citizen of the military age seems to have Poseidon in Calauria 6 and the Temple of Athena
;
7
been liable to be called upon for this service, with Alea in Tegea.
the exception of Choreutae, who appear to have It would appear, however, that all sacred places
been excused when the concurrence of a festival were supposed to protect an individual to a certain
and a campaign rendered the performance of both extent, even if their right to do so was not recogni-
duties impossible, 2 and magistrates during their year sed by the laws of the state in which they were sit-
of office, and farmers of the revenue, though the uated. In such cases, however, as the law gave no
cace cited in Demosthenes 3 suggests some doubts protection, it seems to have been considered lawful
as to how far this last excuse was considered a to use any means in order to compel the individuals
sufficient plea. We
may presume that the accuser who had taken refuge to leave the sanctuary, ex-
in this, as in the similar action for leaving the ranks cept dragging them out by personal violence. Thus
it was not uncommon to force a person from an al-
(/Ui7roraiov), was any citizen that chose to come
forward (6 ftov^6/j.vof, olg tfean), and that the tar or a statue of a god by the application of fire.
court was composed of soldiers who had served in We read in the Andromache of Euripides, 8 that Her-
the campaign. The presidency of the court, ac- mione says to Andromache, who had taken refuge
cording to Meier, belonged to the generals.* The at the statue of Thetis, irvp aol Kpoaoiau on which :
"
defendant, if convicted, incurred disfranchisement passage the scholiast remarks, that it was the cus-
(iTipia,*
both in his own person and that of his tom to apply fire to those who fled to an altar." 9
18
descendants and there were very stringent laws
;
In the same manner, in the Mostellaria of Plautus,
k> punish them if they appeared at the public sacra, Theuropides says to the slave Tranius, who had
"
to which even women and slaves were admitted. 6 fled to an altar, Jam jubebo igncm et sarmenta, car-
*ASTUR, the Falco Palumbarius, or Goshawk. nifex, circumdari."
\Vid. HIERAX.) In the time of Tiberius, the number of places pos-
*ASTURCO, a jennet, or Spanish horse. (Vid. sessing the jus asyli in the Greek cities in Greece
EQUU8.) and Asia Minor became so numerous as seriously
ASTYN'OMI ( uorwofiot. ), or street police of to impede the administration of justice. In conse-
Athens, were ten in number, five fer the city, and quence of this, the senate, by the command of the
as many for the Peirceus. Aristotle (as quoted by emperor, limited the jus asyli to a few cities, but
Harpocrat., s. v.) says that they had to attend to did not entirely abolish it, as Suetonius 11 has erro-
18
the female musicians, to the scavengers, and such neously stated.
like. In general, they had to take care of public The asylum which Romulus is said to have open-
13
decorum thus they could punish a man for being
: ed at Rome to increase the population of the city,
7
indecently clad. It would seem, from what Aris- was a place of refuge for the inhabitants of other
totle
8
says, and from the functions which Plato states rather than a sanctuary for those who had
assigns to his astynomi, that they had also the
9
violated the laws of the city. In the republican and
charge of the fountains, roads, and public buildings ; early imperial times, a right of asylum, such as ex-
and it is supposed that Plutarch's words, 10 6re TUV isted in the Greek states, does not appear to have
" when he been recognised by the Roman law. Livy seems
^A6f]vriaiv iiduruv eTnorur^f f/v, mean
was astynamus." The astynomi and agoranomi di- to speak of the right 1 * as peculiar to the Greeks :
"
vided between them most of the functions of the Templum est Apollinis Delium co jure sancto quo
"
Roman aediles. The astynomi at Thebes were sunt qua asyla Graci appellant
templa By a con-
called reteapxoi. 11 (Vid. AGORANOMI.) stitutio of Antoninus Pius, it was decreed that, if a
ASY'LUM (uavhov). In the Greek states, the slave in a province fled to the temples of the gods
temples, altars, sacred groves, and statues of the or the statues of the emperors to avoid the ill-usage
gods generally possessed the privilege of protecting of his master, the praeses could compel the master
slaves, debtors, and criminals, who fled to them for to sell the slave 16 and the slave was not regarded
;
1*
refuge. The laws, however, do not appear to have by the law as a runaway;fugitivus. This con-
recognised the right of all such sacred places to stitutio of Antnninus is quoted in Justinian's Insti-
afford the protection which was claimed, but to tutes,
17
with a slight alteration the words ad aaem ;
have confined it to a certain number of temples or sacram are substituted for ad j ana deorum, since the
altars, which were considered in a more especial jus asyli was in his time extended to churches.
manner to have the uavhia, or jus asyli. 13 There Those slaves who took refuge at the statue of an
were several places in Athens which possessed this
Schol. in Aristoph Equit.,
privilege, of which the best known was the The-
1. (Plutarch, Theseus, c. 36. ,
from plunder (aavMa /cat Kara yyv /cat Kara ddXaa- which were taken from low life :
they rather seem
one state to to have been a union of high comedy and its paro-
aav) which was sometimes granted by3
another, or even to single individuals. dy." They were also distinguished from the mimes
ATELEI'A (ar&eca), immunity from public bur- by the absence of low buffoonery and ribaldry, being
the archons for the remarkable for a refined humour, such as could be
dens, was enjoyed at Athens by
time being by the descendants of certain persons, understood and appreciated by educated p' ople.
;
on whom it had been conferred as a reward for Thus Cicero* reproaches one of his correspondents
in the case of Harmodius and for a coarseness in his joking, more like the ribaldry
great services, as
of certain for- of the mimes than the humour of the Atellane fa-
Aristogeiton ; and by the inhabitants
kinds it might be bles, which in former times were the afterpiece in
eign states. It was of several
:
a general immunity (ar&eia UTTUVTUV), or a more dramatic representations (secundum (Enomaum Alti-
special exemption, as from custom-duties,
from the cum, non ut olim solebat Atellanum, sed ut nunc Jit,
liturgies, or from providing
sacrifices (ar&eia ie- mimum introduxisti). This statement of Cicero
3
ouv*). The exemption from military service was agrees with a remark of Valerius Maximus, that
also called ur&eia.* these plays were tempered with an Italian severity
ATELLA'NJE FABUL^E. The Atellane plays of taste and Donatus also* says of them, that they
;
were a species of farce or comedy, so called from were remarkable for their antique elegance, i. e., not
Atclla, a town of the Osci, in Campania. From of language, but of style and character. This sug-
this circumstance, and from being written in the gests an explanation of the fact that Atellanae were
Oscan dialect, they were also called Ludi Osci. not performed by regular actors (histriones), but by
Judging from the modern Italian character and Roman citizens of noble birth, who were not on
other circumstances, it is not unreasonable to sup- that account subjected to any degradation, but re-
pose that they were at first, and in their native tained their rights as citizens, and might serve in
8
country, rude improvisatory farces, without dra- the army. This was not the case with other act-
matic connexion, but full of raillery and wit, sug- ors, so that the profession was confined to foreign-
gested by the contemporary events of the neigh- ers or freedmen. Niebuhr, however, is of opinion,
bourhood. However this may be, the "Atellane that all the three kinds of the Roman national dra-
fables" at Rome had a peculiar and dramatic char- ma, and not the Atellanae only, might be represent-
acter. Thus Macrobius 6 distinguishes between ed by well-born Romans, without the risking of their
them and the less elegant mimes of the Romans franchise. 6
:
the latter, he says, were acted in the Roman lan- The Oscan or Opican language, in which these
guage, not the Oscan ; they consisted of only one plays were written, was spread over all the south
act, whereas the Atella:ie and other plays had five, of Italy and as some inscriptions in it are intelli-
;
with laughable exodia or interludes ; lastly, as he gible to us, we cannot wonder that plays written in
thought, they had not the accompaniment of the Oscan were understood by the more educated Ro-
flute-player, nor of singing, nor gesticulation (motus mans. One peculiarity of it was the use of p for
corporis). One characteristic of these plays was qu : thus, pid for quid. 7
that, instead of the satyrs and similar characters However, in one part of these plays, called the
of the Greek satyric drama, which they in some re- canticum* the Latin language, and sometimes the
spects resembled, they had Oscan characters drawn Greek, was used.
9
Thus we are told 10 that one of
from real life, speaking their language, and person- these cantica opened with the words Venit lo simius
ating some peculiar class of people in a particular a villa, "The baboon is come from his country-
locality. Such, indeed, are the Harlequin and Pul- house ;" and as Galba was entering Rome at the
cinello of the modern Italian stage, called maschere time, the audience caught up the burden of the
or masks, and supposed to be descended from the song, joining in chorus. It might be thought that
oKl Oscan characters of the Atellanae. Thus, even this is true only of the time of the emperors but ;
now, zanni is one of the Harlequin's names, as san- we find that, even before then, the Latin language
nio in the Latin farces was the name of a buffoon, was used, as in the instances given below, and that,
who had his head shorn, and wore a dress of gay too, in other parts besides the canticum. In con-
patchwork; and the very figure of Pulcinello is nexion with this, it may be remarked, that, like ev-
said to have been found in the stucco painting of erything else at Rome, the Atellanae degenerated
Pompeii, in the old country of the Atellanae.
7
On under the emperors, so as to become more like the
ihis subject Lady Morgan 8 speaks as follows " The mimes, till
:
they were at last acted by common
Pulcinello of Italy is not like the Polichinel of Paris, players.
or the Punch of England ; but a particular charac- They were written in verse, chiefly iambic, with
ter of low comedy peculiar to Naples, as Pantalone many trisyllabic feet. Lucius Sulla, the dictator, is
B of Venice, II Dottore of Bologna. Their name believed to have written plays of this sort from a
af Maschere comes from their wearing masks on statement in Athenaeus, 11 that he wrote satirical
the upper part of their faces. They are the remains comedies in his native, i. e.,the Campanian lialect. 11
of the Greek and Latin theatres, and are devoted to Quintus Novius, who flourished about fifty years af-
the depicting of national, or, rather, provincial ab-
I (Di?. 47, tit. 11, s. 5.) 2. (Dig. 48, tit. 19, s. 28, $ 7.) 3.
(Vid. Bcickh, Corp. Inscript., i., p. 725.) 4. (Vid. Deraosth., c
I.ept., $ 105, Wolf. Biickh. Corp. Inscript., i., p. 122.) 5. (l)e-
aiosth. c Near., p. 1353, 23.) 6. (Saturn., lib. iii.j 7. (Schle-
(tel on Dniti. Lit., lect. viii.) 8. (Italy, c 24.)
lie
ATHERINA. ATHLETE.
have written about
ter Sulla's abdication, is said to tain. Pennant says it is common on the coast of
fifty Atellane playsthe names of some of these
; Southampton, where it is called a smelt It is about
have come down to us, as Macchus Exul, or "Mae- four inches long. The Atherina is mertkmed by
1
chus in Exile;" Gallinaria, or the "Poulterer;" Aristotle and Oppian.
Vindemiatores, "the Vintagers;" Surdus, the "Deaf- ATHLE'T^E (dd^rai, adhtjrjjpec) were persona
man ;" Parcus, the
"
Thrifty-man ;" from this play who contended in the public games of the Greeks
has been preserved the line, " Quod magnopere qua- and Romans for the prizes (<I0/ta, whence the name
tivcrunt idfrunisci non queunt, Qui non par sit, apud of ud^Tjral,), which were given to those who con
quered in contests of agility and strength. This
1
tefrunitus est." Fruniscor is the same as fruor.
Lucius Pomponius, of Bononia, who lived about name was, in the later period of Grecian history
B.C. 90, wrote Macchus Miles, the Pseudo-Agamem- and among the Romans, properly confined to those
non^ the Bucco Adoptatus,
the JEditumus or Sacris- persons who entirely devoted themselves to a course
tan, &c. In the last the following verse occurred : of training which might fit them to excel in such
" contests, and who, in fact, made athletic exercises
Qui postquam tibi apparco, atque aditumor in templo
" to attend The
tuo." Appareo here means upon." The their profession. athletae differed, therefore,
Macchus was a common character in these plays, from the agonistae (uyuviarai), who only pursued
probably a sort of clown the Bucco or Babbler was
; gymnastic exercises for the sake of improving their
another. 2 These plays subsequently fell into neg- health and bodily strength, and who, though they
lect, but were revived by a certain Mummius, men-
sometimes contended for the prizes in the public
tioned by Macrobius, who does not, however, state games, did not devote their whole lives, like the
the time of the revival. athletae, to preparing for these contests. In early
Subjoined is a specimen of Oscan, part of an in- times there does not appear to have been any dis-
tinction between the athletae and agonistae since
scription found at Bantia, in Lucania, with the Latin ;
interpretation written underneath : we find that many individuals, who obtained prizes
" In svas at the great national games of the Greeks, were
pis ionc fortis meddis moltaum herest
Et si quis eum fortis magistrates multare volet, persons of considerable political importance, who
were never considered to pursue athletic exercises
Ampert mistreis alteis eituas moltas moltaum li- as a profession. Thus we read that Phayllus of
citud
Una cum magislris altis ararii multa multare licito." Crotona, who had thrice conquered in the Pythian
games, commanded a vessel at the battle of Sala-
Herest is supposed to be connected with ^ai/^crci, mis ;* and that Dorieus of Rhodes, who had ob-
meddis with piduv, ampert with auQiTcspi. tained the prize in all of the four great festivals, was
For additional specimens of Oscan, the reader is celebrated in Greece for his opposition to the Athe-
referred to Grotefend's Rudimenta Lingua Osca, nians.* But as the individuals who obtained the
from which is taken the example given above, and
prizes in these games received great honours and
also the interpretation of it. The fragments of Pom-
rewards, not only from their fellow-citizens, but also
ponius have been collected and edited by Munk. from foreign states, those persons who intended to
ATHEISLE'UM, a school (ludus) founded by the contend for the prizes made extraordinary efforts to
Emperor Hadrian at Rome, for the promotion of 3 prepare themselves for the contest and it was
;
literary and scientific studies (ingenuarum artium ), soon found that, unless they subjected themselves
and called Athenaeum from the town of Athens, to a severer course of training than was afforded by
which was still regarded as the seat of intellectual the ordinary exercises of the gymnasia, they would
refinement.* The Athenaeum appears to have been not have any chance of gaining the victory. Thus
situated in the Capitol.* It was a kind of universi- arose a class of individuals, to whom the term ath-
ty ; and a staff of professors, for the various branch- letae was appropriated, and who became, in course
es of study, was regularly engaged. Under Theo- of time, the only persons who contended in the pub-
dosius II., for example, there were three orators, lic games.
ten grammarians, five sophists, one philosopher, two were first introduced at Rome B.C. 186.
Athletae
lawyers or jurisconsults.' Besides the instruction in the games exhibited by Marcus Fulvius, on the
given by these magistri, poets, orators, and critics conclusion of the JStolian war.* Paullus ^Emilius.
were accustomed to recite their compositions there, after the
conquest of Perseus, B.C. 167, is said to
and these prelections were sometimes honoured have exhibited
7 games at Amphipolis, in which ath-
with the presence of the emperors themselves. letae contended.
5
A
certamen athletarums was also
There were other places where such recitations exhibited
by Scaurus in B.C. 59 and among the ;
were made, as the Library of Trajan (vid. BIBLI- various with which Julius Caesar gratified
games
OTHECA) sometimes, also, a room was hired, and the people, we read of a contest of athletae which
;
made into an auditorium, seats erected, &c. ( Vid. lasted for three days, and which was exhibited in a
AUDITORIUM.) The Athenaeum seems to have con- temporary stadium in the Campus Martius. 7 Un-
tinued in high repute till the fifth century. Little is
der the Roman emperors, and especially under
known of the details of study or discipline in the Nero, who was
passionately fond of the Grecian
Athenffium, but in a constitution of the year 370, 8
the number of athletae increased greatly in
games,
there are some regulations respecting students in and many inscrip-
Italy, Greece, and Asia Minor ;
Rome, from which it would appear that it must have tions respecting them have come down to us, which
been a very extensive and important institution show that
professional athletae were very numer-
And this is confirmed by other statements contained ous, and that
they enjoyed several privileges. They
in some of the Fathers and other ancient authors, formed at Rome a kind of
corporation, and possess-
from which we learn that young men from all parts, ed a tabulariurn and a common hall curia athleta-
after finishing their usual school and college studies 9
rum, in which they were accustomed to deliberate
in their own town or province, used to resort to on all matters which had a reference to the inter-
Rome, as a sort of higher university, for the pur- ests of the body. We
find that they were called
pose of completing their education. and also xystici, because they were ac-
*ATHERI'NA (uHepLvt)), a species of small fish, Herculanei,
supposed to be the Athcrina Hepsetus, L., but uncer- 1. (Aristot., II. A., vi., 17 ; is., 2. Oppian, Hal., i. Adams,
1. (Aulus Gellius, xvii., 2.) 2. (Facciolati, a. v. Bucco ant Append., s. v.) 2. (Herod., viii., 47. Paus., x., 9, $ 1.) 3
Macchus.) 3. (Aurelius Victor, c. 14, 2.) 4. (Dion, Ixxiii., p 5. (I.iv., xiv., 38 |
(Paus., vi., 7, $ 1, 2.)-4. (Liv., xxxix., 22.)
5. (Cod. xi., tit. 18.) 6. (Dion, Ixxiii., p. 838, E.) 6. (Val. Max., ii., 4, <> 7.) 7. (Suet., Ju}, 39.) 8. (Tacit.
818, E.)
1.
(Lamprid., Alex., c. 35.) 8. (Cod. Theodos., xiv., p. 9, $ 1.) Ann., xiv., 20.) 9. (Orelli, Inscrip., 2588.)
119
ATHLETE. ATIMIA.
national festivals of the Greeks were called hicron- been frequently confounded by modem writers.
ica (UpoviKai), and received, as has been already Thus Pausanias informs us, 1 that near the gymna-
remarked, the greatest honours and rewards.
Such sium Olympia there were palaestrae for the ath-
at
a conqueror was considered to confer honour upon letae and Plutarch expressly says 8 that the place
;
hymns of victory were sung. Those games, which new cheese, 8 and wheat. 9 The eating of meat by
10
gave the conquerors the right of such an entrance
the athletae is said, according to some writers, to
into the city, were called iselzstici (from elffeAav- have been first introduced by Dromeus of Stympha-
veiv). This term was originally confined to the lus, in Arcadia and, according to others, by the
;
four great Grecian festivals, the Olympian, Isth- philosopher Pythagoras, or by an aliptes of that
mian, Nemean, and Pythian but was afterward ;
name. 11 According to Galen, 18 the athletae, who
13
applied to other public games, as, for instance, to practised the severe exercises, ate pork and a par-
those instituted in Asia Minor.
3
In the Greek ticular kind of bread and from a remark of Di-
;
14
states, the victors in these games not only obtained ogenes the Cynic, it would appear that in his time
the greatest glory and respect, but also substantial beef and pork formed the ordinary diet of the athle-
rewards. They were generally relieved from the tae. Beef is also mentioned by Plato 15 as the food
payment of taxes, and also enjoyed the first seat of the athletae and a writer quoted by Athenaeus 1 *
;
(irpoedpia) inall public games and spectacles. relates, that a Theban who lived upon goats' flesh
Their statues were frequently erected at the cost became so strong that he was enabled to overcome
of the state, in the most frequented part of the city, all the athletae of his time. At the end of the exer-
as the market-place, the gymnasia, and the neigh- cises of each day, the athletae were obliged to take
bourhood of the temples.* At Athens, according a certain quantity of food, which was usually called
17
to a law of Solon, the conquerors in the Olympic uvayKoQayia and avayKOTpotyia, or (3iaiO rpofyr] ;
iselastici ludi) not less than three crowns, and had and the same practice, as we learn from Thucyd-
not bribed their antagonists to give them the victo- ides, 21 anciently prevailed at the Olympic games,
ry, enjoyed immunity from all taxes.
9
but was discontinued afterward.
The term athletae. though sometimes applied met- For farther information on the athletae, the reader
aphorically to other combatants, was properly lim- is referred to the articles ISTHMIAN, NEMEAN, OLYM-
ited to those who contended for the prize in the five PIAN, and PYTHIAN GAMES and to Krause's Thea- ;
6n^,iTo6p6fj.o^, in which the runners wore armour. ATI'MIA (dripia), or the forfeiture of a man's
2. Wrestling (ird'kri, lucta). 3. Boxing
(^vyjifi, pu- civil rights. It was either total or partial. A man
4. The pentathlum (Trivrad/(,ov), or, as the was
gilalus). totally deprived of his rights, both for himself
Romans called it, quinquertiurn. 5. The pancratium and for his descendants, when he was convicted
8 '
(TrayiipuTiov). Of all these an account is given in of murder, theft, false witness, partiality as arbiter,
separate articles. These contests were divided into violence offered to a magistrate, and so forth. This
two kinds the severe (flapta, /SapvTepa) and the
:
highest degree of an/tia excluded the person affect-
light (Kov(j>a, KovQorepa). Under the former were ed by it from the forum, and from all public assem-
included wrestling, boxing, and the exercises of the
which consisted of wrestling and box- Mvi., 21, t> 2.) 2.
(Symp., ii, Quaest. 4.)-
3. (rbv o3v fcrj
pancratium, t
Iv 'yvjuva^ovTai irdvrcs oi afl.Xi/rai, iraXa(<rrpav /caAouai). 4.
i>
court. Public debtors were suspended from their held it to be the Carduus Bcnedictus, does not seem
civic functions till they discharged their debt to the less objectionable. Sprengel, in the first edition of
state. People who had once become altogether his R. H. H., inclines to the Carthamus Canatus,
Urtuoi were very seldom restored to their lost priv- and in the second to the C. Creticus ; but in his
ilegec. There is a locus dassicus on the subject of edition of Dioscorides he proposes the Carlina lan-
uri/iia in Andocides. 1 The converse term to unpa ata, L. Stackhouse hesitates about the Atractylit
was 7rmpia. gummifera. The modern name in use among the
VTI'NIA LEX, (Vid. USUCAPIO.) Greeks is rpu/crv/U or aravpdyKadi. Sibthorp found
ATLAN'TES (urAavrcf), also called Telamones. it in Southern Greece.
1
Both these words are used, in a general sense, to ATRAMEN'TUM, a term applicable to any black
signify anything which supports a burden, whether colouring substance, for whatever purpose it may
a man, an animal, or an inanimate object but in ;
be used, 8 like the [tl^av of the Greeks. 3 Therb
architectural language they were specifically ap- were, however, three principal kinds of atramen-
plied to designate those muscular figures which are tum one called librarium or scriptorium (in Gre^k,
:
sometimes fancifully used instead of modillions to ypa<j>iKov fji&av), another called sutorium, the third
support the corona, or upper member of a cornice : te.ctorium. Atramentum librarium was what we call
" Nostri Atramentum sutorium was used by
Telamones, Gr<zci vero has Atlantes vacant," writing-ink.*
2
says Vitruvius The fable of Atlas, who bore the shoemakers for dyeing leather.* This atramentum
globe upon his shoulders, and of whom Homer says, sutorium contained some poisonous ingredient, such
as oil of vitriol whence a person is said to die
;
were distinguished from Caryatides, which are al- a by painters for some purposes, apparently as
sort of varnish. The scholiast on Aristophanes1
ways represented as female figures in an erect pb. says that the courts of justice, or
(5i/ca<m;pa, in
sition.
Athens were called each after some letter of the al-
They were also applied as ornaments to the sides phabet : one alpha, another beta, a third gamma,
of a vessel, having the appearance of supporting
and so on, and that against the doors of each diicaa-
the oars as in the ship of Hiero, described by
rrjpiov, the letter which belonged to it was written
;
"
they have built furnaces, which do not allow the
smoke to escape. The kind most commended is
made in this way from pine-wood It is mixed :
irhich the vaulting of the roof rests, thus dividing ams, Append., Billerbeck, Flora Cla&sica, p. 211.)
s. v. 2
(Plaut., Mostell., 102.
I., iii.,Cic., De Nat. Deor., ii., 50.) 3
the whole extent of the walls into a number of
(Demosth., irtpl Src0., 313, Bekk.) 4. (Vid. HOT., Epist., IL,
I)
mall compartments, the uses of which are explained i., 236. Petron., Sat., c. 102. Cic., ad Quint, fratr., ii., 15.)
in the description of tepidarium in the article BATHS. 5. (Plin., H. N.,
xxxiv., 12.) 6. (Ad Fam., ix., 21.) 7. (Plia .
H. N., xxxv., 10.) 8. (Plut., v., 277.)9. (British Museum
*ATRAC'TYLIS (fopaicrvUc), a species of thistle, Egyptian Antiq., vol. ii., p. 267.) 10. (Egypt. Antiq., ii 270
r-alled by some the Distaff-Thistle, from its resem- 272.) 11. (vii., 10, 197.) 12. (Cic., De Nat. Deor., ii., 50.-
Persius, Sat., iii., 12, 13. Ausonius, iv., 76.) 13. (H. A.) 14
1. (De Myst., c. 73, 76, p. 35.) 2. (Vitruv., vi., 10.) 3. (Od., (Vid. JElian, N. A., i., 34 ) 15. (H. N., xxvi;., 7.) 16. (Fid
., 53.) 1. (v., 42.) 5. (Juv., Sat., viiu 32.) Isidor., xix., 17.)
Q 121
ATRAMENTUM. ATR.UM.
On the whole, perhaps, it may be said that the. inks of dentur scripta Jamllis"). Pliny- suggests that th
the ancients were more durable than our own
that ; milky sap contained in some plants might be used
8
more unctuous, in substance in the same way.
they were thicker and
and durability more resembling the ink now used by An inkstand (atramcntarium, used only by later
writers; in Greek, uehavdoxoe ) was either single or
3
An inkstand was discovered at Hercula-
printers.
and usa- double. The double inkstands were probably in-
neum, containing ink as thick as oil, still
1
ble for writing.
would this gummy character
It ap'pear, also, that
of the ink, preventing it from running to the point
of the pen, was as much complained of by the an-
cit.-nt Romans as it is by ourselves.
Persius 2 rep-
resents a foppish writer sitting down to compose ;
but, as the ideas do not
run freely,
*'
Tune querilur, crassus calamo quod pendcat humor;
Nigra quod infusa vanescat sepia lympha."
as we do sometimes, to
They also added water,
thin it. Mr. Lane 3 remarks that the ink of the
modern Egyptians
" is
very thick and gummy." tended to contain both black and red ink, much m
From a phrase used by Demosthenes, it would the modern fashion. They were also of various
appear as if the colouring ingredient was
obtained shapes, as, for example, round or hexagonal. They
by rubbing from some solid substance, perhaps
much had covers to keep the dust from the ink. The pre-
as we rub Indian ink. Demosthenes* is reproach- ceding cuts represent inkstands found at Pompeii.
ing JEschines with his low origin,
and says that, AT'RIUM, called aii^r/ by the Greeks and by
" when a
youth, he was in a state of great want,
as-
Virgil,* and also fiecav'ki.ov, Trepiarvhov, irepiffruov.
sisted his father in his school, rubbed the ink (pre- Two derivations of this word are given by the
pared the ink by rubbing, TO u&av rpi6uv),
washed ancient writers. Festus and Varro refer it to the
down the forms, and swept the schoolroom," &c. same origin Ab Atria populis, a quibus atriorum :
5
It is probable that there were many ways of col- exempla desumpta fuerunt ; but Servius, on the con-
ouring ink, especially of different colours. Red ink trary, derives the term ab atro, propter fumum qui
8
(made of minium, vermilion) was 5 used for writing esse solebat in atriis ; a remark which explains the
the titles and beginnings of books, so also was ink allusion of Juvenal, 7 Fumosos equitum cum dictators
made of rubrica, " red ochre ;" 6 and because the magistros, since it was customary among the Ro
headings of laws were written with rubrica, 7
the mans to preserve the statues of their ancestors ii
word rubric came to be used for the civil law. So the atrium, which were blackened by the smoke o
album, a white or whited table, on which the prae- the fires kept there for the use of the household.
tors' edicts were written, was used in a similar Atrium is used in a distinctive as well as collect
way. A person, devoting himself to album and ru- ive sense, to designate a particular part in the pri
brica was a person devoting himself to the law. vate houses of the Romans (vid. HOUSE), and also
(Vid. ALBUM.) There was also a very expensive a class of public buildings, so called from their gen-
red-coloured ink, with which the emperor used to eral resemblance in construction to the atrium of a
write his signature, but which any one else was private house. There is likewise a distinction be-
9
by an edict forbidden to use, excepting the sons or tween atrium and area the former being an open ;
near relatives of the emperor, to whom the privilege area surrounded by a colonnade, while the latter
was expressly granted. But if the emperor was had no such ornament attached to it. The atrium,
under age, his guardian used a green ink for writing moreover, was sometimes a building by itself, re-
his signature.
9
On the banners of Crassus there sembling, in some respects, the open basilica (md.
were purple letters, <J>OIVIKU -ypduuaTa.' On pillars BASILICA), but consisting of three sides. Such was
and monuments, letters of gold and silver, or letters the Atrium Publicum in the Capitol, which Livy in-
covered with gilt and silver, were sometimes used, forms us was struck with lightning B.C. 21 6. * It
as appears from Cicero 11 and Suetonius. 1 ' In wri- was at other times attached to some temple or
ting, also, this was done at a later period. Sueto- other edifice, and in such case consisted of an open
nius 13 says, that of the poems which Nero recited area and surrounding portico in front of the struc-
at Rome, one part was written in gold (or gilt) let- ture, like that before the Church of St. Peter in the
ters (aureis Ultcris), and consecrated to Jupiter Cap- Vatican.
itolinus. * 1
This kind of illuminated writing was Several of these buildings are mentioned by the
more practised afterward in religious compositions, ancient historians, two of which were dedicated to
which were considered as worthy to be written in the same goddess, Libertas and hence a difficulty ;
letters of gold (as we say even now), and, there- is sometimes felt in
deciding which of the two is
fore, were actually written so. Something like what meant when the atrium Libertatis is spoken of.
we call sympathetic ink, which is invisible till heat, The most celebrated, as well as the most ancient,
or some preparation be applied, appears to have was situated
upon the Aventine Mount. Of this
been not uncommon. So Ovid 15 advises writing there is no doubt for it is enumerated by Victor, ;
"Tuta q;:oque est, fallitque oculos e lacte recenti on which there was an asdes Libertatis built and
Littera: carbonis pulvcre tange; leges." Ausoni- dedicated by the father of Gracchus, 9 to which the
l*
us gives the same direction (" Lacte incide notas; atrium was attached either at the same time or
arescens charta tenebit Semper inadspicuas ; pro- 10
shortly afterward ;
for Livy also states that the
hostages from Tarentum were confined in itrio Lib-
1. (Winckelmann, vol. p. 127.) 2. 12.) 3. ertatis, which must refer to the atrium on the Aven-
ii., (Sat., iii.,
(Mod. Egyptians, ii., p. 288, smaller edit.) 4. (irepl Sr0., $
313.) 5- (Ovid, Trist., i., 1, 7.) 6. (Sidomus, vii., 12.) 7. 1. (xxvi., 8.) 2. (Vid. Caneparius, de Atramentis cujusque
(Quintil., xii., 3.) 8. (Cod. i., tit. 23, s. 6.) 9. (Montfaucon, 3. (Pollux, Onom., x., 14.) 4. (JEti*
generis, Lond., 1660.)
10. (Dion, xl., 18.) 11. (Verr., iv., 27.)
Palaeog., p. 3.) 12. iii., 354.) 5. (Varro, de Ling. Lat., vi., 33.) 6. (In Virg,, Xn.,
(Aug., c. 7.) 13. (Ner., c. 10.) 14. (Compare Plin., vii., 32.) iii., 353.) 7. (Sat., viii., 8.) 8. (Liv., xxiv.,10.) 9 (LiT,
-15. (Art. Am., iii., 627, &c.) 16. (Ejnst., xxiii., 21.) xxiv., 16.) 10. (xxv., 7.)
122
ATRIUM AITHIS.
line, since their escape was effected by the coirup- although the name c f its founder is broken off, yet
tion of the keepers of the temple (corruptis adituit the open peristyles, without any surrounding wall,
duobus). In thu atrium there was a tabularium, demonstrate what basilica was intended. Thus the
where the legal '.ablets (tabula) relating to the cen- passage of Cicero will be satisfactorily explained.
sors were preserved.
1
The Germanici milites were In order to lay open the magnificent Basilica of
also stationed at the same spot in the time of Gal- Paullus to the Forum of Caesar, he proposed to buy
3
in and pull down some buildings which obstructed the
ba,' as is apparent from a passage in Suetonius,
which he says that they arrived too late to prevent view, which would extend the small forum of Cap-
the murder, which was perpetrated in the Forum, ar usque ad Libertatis atrium, by doing \\hich he
in consequence of their having missed their way no doubt intended to court the favour of Caesar,
and gop.e round about. This could not have hap- upon whose good-will he prides himself so much in
pened had they come from the other atrium Liber- the epistle.
tatis, which was close to the Forum Romanum.
The dotted lines represent a crack in the marble.
The examination of slaves, when accompanied The senate was held in e'arly times in atrio Pa-
1
by the torture, also took place, by a strange anomaly, latii.
u magnificent library (bibliotkeca6 ), which explains was the same with the Godwit, or Scolopax ago-
Walpole," on the other hand, thinks it
7
the allusion of Ovid, cephala.
" Nee was the Tetrao Francolinus. A writer, quoted by
me, qua. doclis patucrunt prima libellis, 3
Atria Liber tas tangere passa sua est." Athenaeus, describes the Attagen as being a little
than a partridge, having its back marked with
The other atrium Libertatis is noticed by Ci- larger numerous spots of a reddish colour. Hence the
8
cero, in which place the mention of the Basilica name of this bird is
with the
humorously applied by Aris-
Paulli in conjunction word/orwm (ut forum tophanes* to the back of a runaway slave, scored
laxarcmus et usque ad atrium Libertatis explicaremus),
by the lash. The same writer also informs us that
has perplexed the commentators, and induced the the 6
the Attagen was highly esteemed by epicures.
learned Nardini to pronounce passage inexpli- *ATTEL'EBUS (di-re^of), generally taken for
cable.
9
He affirms that this instance is the only a
species of Gnat, but referred by Stackhouse to the
one to be found, among all the writers of antiquity,
genus Attelebus, L., a class of insects that attack
in which mention is made of an atrium Libertatis
the leaves and most tender parts of plants.'
distinct from that on the Aventine and hence he
;
ATTHIS (tlrft'f), a name given to any composi-
is inclined to think that there was no other, and to
tion which treated of the history of Attica. 7 This
alter the reading into atrium Minerva, which is
name seems to have been used because Attica was
mentioned by P. Victor as being in this (the eighth) also called 8
Pausanias 9 calls his first book
'Arflt'f.
region. But in this he was mistaken, as is made
'Arfltf avy-ypa<!>Tj, because it treats chiefly of Atti-
evident by the subjoined fragment fi'om a plan of
ca and Athens. The Atthides appear to have been
Rome, discovered since the time of Nardini, which not strictly historical but also geographical, top- ;
was executed upon a marble pavement during the
ographical, mythological, and archaeological. By
reigns of Septimius Severus and Caracalla, and is the local history, legends, traditions,
now preserved in the museum of the Capitol at preserving and antiquities, and thus drawing attention to the
Rome, and termed la Pianta Capitolina. As the ancient standing and renown of the country, and
name is inscribed upon each of the buildings, no the present with the past, they tended
doubt can be felt as to their identity and the forum connecting
;
From what
to foster a strong national feeling.
to which Cicero alludes must be the Forum Caesa- 10
Dionysius says, it would appear that other dis
l
ris for neither the writers of the Regiones, nor any 11
tricts had their local histories as well as Attica.
of the ancient authors, ever mention a building of
The nature of the 'Ar&'Jef we know only from a
this kind in the Forum Romanum. The Forum of few
fragments and incidental notices. The most
Caesar was situated in the rear of the edifices on
ancient writer of these compositions would appear,
18
according to Pausanias, to have been Clitode-
mus K/U'ir6<5j7jUOf or K/le/dr/y/of (onoaoi ra 'A6?jvai-
iypa-^av, 6 dp^atorarof). His
was published about B.C. 378. 13 Probably Pausa
nias means that Clitodemus was the first native
Athenian who wrote an 'Ardif, as Clinton observes,
and not the first person for Hellanicus, a native of
;
atrium Libcvtatis would be exactly as represented and Euripides. 19 Phanodemus, Demon, and Ister
upon the plan, behind the Basilica jEmilia, an eleva-
tion of which is given in the article BASILICA and, ; 1. (Serv. in Virg., JEn., xi., 235.) 2. (Mcmoiis, &c., vol. i.,
the atrium on the Aventine is meant.) 2. (Tac t Hist., i., 3.) , 4.) 7. (Strabo, ix., p. 392, B, Casaub.) 8.
5 10. (De Thucyd. jud., v.) 11. (Vid
3. (Galb., 20.) 4. (Cic., pro Mil., 22.) (Suet., Octav., 397, A.)-9. (vii., 20, 3.)
7. Thirlwall's Greece, vol. ii., p. 128.) 12. (x., 15.) 13. (Clinton,
29.) 6. (Plin., II. N., vii., 30; xxv., 2.
I' Aor., v., 4.)
8. (Ad AH., iv., 16.) 9 <Rom. Ant., v., 9.) F. H., p. 373.) 14. (Vit. Thes., 24.) 15. (Vid. Schol. in Aris-
(Trial., iii., 1, 71.)
17 (Vesp..
10. (Dion, xliii. Suet., Jul., 26.--Plir H. N., xxxvi., 15.) toph., Av., 13. Nub., 549.) 16. (Clinton, 306, 3.)
11. (Nardiiu Rom. Aut., v., 9.) 716. Av., 767 ) 18. (Orest., 371.)
123
AUCTIO. AUCTOR
were Their date is uncer-
also writers of 'Ardideg . by an argentarius, or by a magister auctionis and ;
diis, as opposed to the seller, or auctor primus.* The a court, in which trials were heard. 3 Auditorium
phrase a malo auctore cmere,* auctorem laudare will
1
principis was
the emperor's audience-chamber.'
thus be intelligible. The testator, with respect to *AVELLA'NA NUX, the Filbert, the fruit of the
8
his heir, might be called auctor. Corylus Avellana, or Hazelnut-tree. It is the Kapvov
Consistently with the meanings of auctor as al- HOVTIKOV or hsiTTOKupvov of Dioscorides. 4 Accord-
ready explained, the notion of consenting, appro- ing to Pliny,* the earlier form of the Latin name
ving, and giving validity to a measure affecting a was Abellina nux, an appellation coming very prob-
person's status clearly appears in the following ably from the Samnian city of Abellinum, where
passage.' this species of nut is said to have abounded, or else
Auctor is also used generally to express any per- from the Campanian city of Abella. Servius is in
son under whose authority any legal act is done. favour of the latter.* Pliny says the filbert came
In this sense, it means a tutor who is appointed to firstfrom Pontus into Lower Asia and Greece, and
aid or advise a woman on account of the infirmity hence one of its Greek names, as given above,
ol her sex 10 it is also applied to a tutor whose bu- Macrobius styles it also nux
1
:
Kapvov HovriKov."
siness it is to do or approve of certain acts on be- Prtznestina,* but Pliny distinguishes between the
10
half of a ward (pupillus). nuces Avellana and PranestincB. 9 Theophrastus
The term auctores juris is equivalent to jurisperi- speaks of two varieties of this kind of nut, the one
ti ;" and the law v/riters, or leaders of particular round, the other oblong the latter is referred by
;
11
schools of law, were called schola auctores. It is Sprengel to the Corylus tubulosa, Willd.
unnecessary to trace the other significations of this *AUGI'TES (tiyi-n7c), a species of gem deriving
word. its name from its brilliancy (avy?i). Pliny says it
AUCTO'RITAS. The technical meanings of this was thought by many to be different from the Cal-
word correlate with those of auctor. la'is, and hence the inference has been drawn that
The was not a senatus con-
auctoritas senatus it was generally the same with the latter, which
18
sul! um ;
it was
a measure, incomplete in itself, was probably turquoise.
which received its completion by some other au- AUGUR meant a diviner by birds, but was some-
thority. times applied in a more extended sense. The word
Auctoritas, as applied to property, is equivalent seems to be connected with augeo, auguro, in the
1*
to legal ownership, being a correlation of auctor. same manner as fulgur with fulgeo and fulguro.
It was a provision of the laws of the Twelve Ta- Augeo bears many traces of a religious meaning, to
bles, that there could be no usucapion of a stolen which it may have been at first restricted. 18 The
thing," which is thus expressed by Gellius in speak- idea of a second derivation from avis, confirmed by
14 " the analogy of auspex (avispex), may perhaps have
ing of the Atinian law Quod subreptum erit ejus
:
rei eeterna auctoritas esto ;" the ownership of the limited the signification of augur. It is not improb-
thing stolen was still in the original owner." able that this last etymology may be the true one ;
Auctoritas sometimes signifies a warranty or col- but if so, it is impossible to explain the second ele-
lateral security, and thus correlated to auctor se- ment of the word. " Augur, quod ab amum garritu
cundus. Auctoritatis actio means the action of derivari grammatici garriunt," says Salmasius.
eviction. 1 ' The instrumenta auctoritatis are the The institution of augurs is lost in the origin ol
proofs or evidences of title. the Roman state. According to that view of the
The auctoritas of the praetor is sometimes used constitution which makes it come entire from the
to signify the judicial sanction of the praetor, or his hands of the first king, a college of three was ap-
order, by which a person, a tutor for instance, might pointed by Romulus, answering to the number of
be compelled to do some legal act, 17 or, in other the three early tribes. Numa was said to have
" auctor fieri." The added two, 14 yet, at the passing of the Ogulnian
words, tutor, with respect to
his wards, both male and female (pupilli, pupillce), law (B.C. 300), the augurs were but four in num-
was said negotium gerere, and auctoritatem interpo- ber whether, as Livy 14 supposes, the deficiency
:
nerc : the former phrase is applicable where the tu- was accidental, is uncertain. Niebuhr supposes
tor does the act himself the latter, where he gives
;
that there were four augurs at the passing of the
his approbation and confirmation to the act of his Ogulnian law, two apiece for the Rhamnes and
ward. Though an infant had not a capacity to do Tities. But it seems incredible that the third tribe
any act which was prejudicial to him, he had a ca- should have been excluded at so late a period ; nor
pacity to receive or assent to anything which was does it appear how it ever obtained the privilege, a?
for his benefit, and in such case the auctoritas of ihe the additional augurs were elected from the plebs.
tutor was not necessary. By the law just mentioned, their number became
The authority of decided cases was called simili- nine, five of whom were chosen from the plebs.
tcr judicalorum auctoritas. The other meanings of The dictator Sulla farther increased them to fif-
1'
auctoritas may be easily derived from the primary teen, a multiple of their original number, which
probably had a reference to the early tribes. This
1. (Cic., ad Alt., i., 19. Brutus, 25, 27.) 2. (Cic., Off., iii., continued until the time of Augustus, who.
30.) 3. (Cic.. pro Casein., 10.) 4. (Dig. 50, tit. 17, s. 175.) 5.
among
(Dig. 19, tit. 1, s. 4, I) 21 ; tit. 2, s. 4, (> 51.) 6. (Cic., Verr., v.,
22.) 7. (Cell., ii., 10.) 8. (Ex.Corp.Hermogen.Cod., tit. 11.) 1. (Compare Plin., Ep., i., 13. Tacitus, De Orat, c 9, F0, 6
9. (Cic., pro Dom., c. 29.) 10. (Liv., xxxiv., 2. Cic., pro Cz- Suet., Tib., c., 11.) 2. (Paulus, 'Dig. 49, tit. 9, s. 1.) 3. (Ul-
cia., c. 25. Gaius, i., 190, 195.) 11. (Dig. 1, tit. 2, s. 2, t> 13. pian, Dig. 4, tit. 4, s. 18.) 4. (i., 178.) 5. (II. N., xv., 22.)
Gsllius, ii., c. 10.) 12. (Cic., Top., c. 4. Pro Casein., c. 26.) 0. (in Virg., Georg., ii., 65.) 7. (H. N., xv., 22.) 8. (Sat., ii.,
13. (Gaius, ii., 45.) 14. (xvii., 7.) 15. (Cic., Off., i., 12. Dirk- 14.) 9. (H. N., xvii., 13.) 10. (H. P., iii., 15.) 11. (F6a ID
wm, Uebersicht, &c., der ZwSlf-Tafel Fragmente, p. 417.) 16. Plin., II. N., xv., 22.) 12. (Moore's Anc. Mineral., p. 181.) -13
(Pan Ins, Sentent. Recept., lib. 2, tit. 17.) 17. (Gaius, i., 190. (Compare Ovid, Fast., i., 609.) 14. (Cic., De Rep., ii., J4 )
Dig. 27, tit. 9, s. 5.) 15. (x., 6.) 16. (Liv., Epit., 89.)
125
AUGUR. AUGUR.
commentarii auguntm, such as those cf Messalu and
other extraordinary powers, had the right conferred
which seem to have been
on him of electing augurs at his pleasure, whether of Appius Clodius Pulcer,
there was a vacancy or not, B.C. 29, so that from distinguished
1 from the former as the treatises 01
this time the number of the college was
unlimited. learned men from received sacred writings. Other
like the duties of the augurs were to assist magistrates and
According to Dionysius,* the augurs,
other priests, were originally elected by the comitia generals in taking the auspices.
At the passing of
in their curiae. a lex curiata, three were required .to be present, a
curiata, or assembly of the patricians,
As no election was complete without the sanction number probably designed to represent the three
of augury, the college virtually possessed a veto on ancient tribes.
the election of all its members. They very soon One of the difficulties connected with this subject
obtained the privilege of self-election (jus co-opta- is to distinguish between the religious duties of the
thnis), which, with one interruption, viz.,
at the augurs and of the higher magistrates. Under the
election of the first plebeian augurs, they retained latter were included consul, praetor, and censor the ;
1
until B.C. the year of the Domitian law.
103, By quaestor, as appears from Varro, being obliged to
this law it was enacted that vacancies in the priestly- apply for the auspices to his superior. A single
colleges should be filled up by
the votes of a minori- magistrate had the power of proroguing the comitia
ty of the tribes, i. c., seventeen
out of thirty-five, by the formula se de coelo servare. ( Via. AUSPICIUM.)
chosen by lot. The Domitian law was
repealed by The law obliged him to give notice beforehand, 8 so
Sulla, but again restored B.C. 63, during the con- that it can only have been a religious way of exer-
sulship of Cicero, by the tribune T. Annius
Labie- cising a constitutional right. The spectio, as it was
nus, with the support of Caesar. It was a second termed, was a voluntary duty on the part of the
time abrogated by Antony whether again restored
; magistrate, and no actual observation was required
by Hirtius and Pansa, in their general annulment On the other hand, the augurs were employed by
of the acts of Antony, seems uncertain. The em- virtue of their office they declared the auspices
:
The augurship is described by Cicero, himself an of spectio, at least in the comitia in other word? ;
augur, as the highest dignity in the state,' having they were to report -igies where they did, r,t/c
'i .
an authority which could prevent the comitia from to invent them where they did not, exist.
voting, or annul resolutions already passed, if the The college of augurs possessed far greater pow-
auspices had not been duly performed. The words er in the earlier than in the later period of Roman
olio die from a single augur might put a stop to all history. The old legends delighted to tell of the
business, and a decree of the college had several triumphs of religion its first kings were augurs, 3
:
times rescinded laws. Such exorbitant powers, as and Romulus was believed to have founded the
' *
Cicero must have seen, depended for their contin- empire by a dirr intimation from heaven. It
uance on the moderation of those who exercised seems natural that augury should have sprung up
them. amid the simple habits of a rustic people, and hence
The augurs were elected for life, and, even if cap- we should be inclined to refer it to a Sabine rather
.tally convicted, never lost their sacred character.* than an Etruscan origin. That a learned system
They were to be free from any taint of disease while should be ingraft*"* on a more simple one, such as
performing their sacred functions, which Plutarch* that of the ancient Sabines, seems surely far more
thought was designed to show that purity of mind probable than the reverse. Yet the prevalence of
was required in the service of the gods. When a Etruscan influence, during the second and third
vacancy occurred, the candidate was nominated by centuries of Roman history, must have greatly
two of the elder members of the college, 6 the elect- modified the primitive belief. It might almost ap-
ors were sworn, 7 and the new member took an oath pear that the conflict between the old and new reli-
of secrecy before his inauguration. The only dis- gion was hinted at in the story of Attus Naevius,
tinction among them was one of age, the eldest au- especially when we remember that Tarquinius,
gur being styled magister collegii* Among other whether of Latin or Etruscan origin, is undoubtedly
privileges, they enjoyed that of wearing the purple the representative of an Etruscan period. The Ro-
pratexta, or, according to some, the trabea. On an- mans themselves, as Miiller admits, distinguished
cient coins they are represented wearing a long between their own rites of augury and Etruscan
robe, which veiled the head and reached down to divination. The separate origin of the Roman re-
the feet, thrown back over the left shoulder. They ligion is implied in the tradition that Numa was of
hold in the right hand a lituus or curved wand, Sabine birth, not to mention that many of the names
hooked at the end like a crosier, and sometimes used by the augurs (such as Sangualis avis, from
have the capis, 9 or earthen water vessel, by their the Sabine god Sancus, Titiae aves, Sabinus cultus)
side. 10 On solemn occasions they appear to have bear traces of a Sabine origin. Such a view is not
jrorn a garland on the head. 11 Although many of inconsistent with the incorporation of many parts
the augurs were senators, their office gave them no of the Etruscan system, as the constitution of the
1*
place in the senate. The manner of taking the college of augurs, or the divisions of the heavens.
auspices is described under AUSPICIUM. Augury was one of the many safeguards which
The chief duties of the augurs were to observe the wisdom of an oligarchy opposed to the freedom
and report supernatural signs. They were also the of the plebs.* Of the three comitia curiata, cen-
repositories of the ceremonial law, and had to ad- turiata, and trihuta the two former were subject
rise on the expiation of prodigies, and other matters to the As the favourable signs were
auspices.
ot religious observance. The sources of their art known to the augurs alone, their scruples were a
^3re thieefold first, the formulas and traditions of pretext for the government to put off an inconve-
:
the admission of the plebs to the rights of intermar- and in this city there was a magnificent temple to
riage or the higher magistracies. With the consul- Augustus (ZeftaaTelov, Augustalc). find men- We
ship the plebeians must have obtained the higher tion of Augustalia in numerous other places, as Per-
auspices ; yet, as the magistrates were, in a great gamus, Nicomedia, &c.
measure, dependant on the augurs, the plebs would II. AUGUSTA'LES were an order of priests in
not be, in this respect, on a level with the patricians the municipia, who were appointed by Augustus,
until the passing of the Ogulnian law. During the and selected from the libertini, whose duty it was
civil wars, the augurs were employed by both par- to attend to the religious rites connected with the
2
ties as political tools. Cicero laments the neglect worship of the Lares and Penates, which Augustus
and decline of the art in his day. The college of put in places where two or more ways met (in com-
augurs was finally abolished by the Emperor Theo- pitis*). The name of this order of priests occurs
dosius ;* but so deeply was the superstition rooted, frequently in inscriptions, from which we learn that
that, even in the fourteenth century, a Christian the Augustales formed, in most municipia, a kind
bishop found it necessary to issue an edict against of corporation, of which the first six in importance
it.* had the title of semri, and the remainder that of
For a view of the Roman augurs, which derives compitahs Larum Aug. 7 It has been maintained
them from Etruria, see Miiller's Elrusher, Hi., 5. by some modern writers that these augustales*H ere
r
talia, sc. certamina, ludicra, and by the Greek wri- lieving that their duties were entirely of a religious
ters and in Greek inscriptions, 2e6a<7ra, 2e6a<i^a, nature. The office, which was called Augustalrtas,
Auyowru/Ua) were games celebrated in honour of was looked upon as honourable, and was much
Augustus at Rome and in other parts of the Ro- sought after by the more wealthy libertini and it ;
man Empire. After the battle of Actium, a quin- appears that the decuriones in the municipia were
quennial festival (Travrj-yvpic ^evTerr/pcf) was institu- accustomed to sell the dignity, since we find it re-
ted and the birthday (ysvtdhia) of Augustus, as
;
corded in an inscription that the office had been
well as that on which the victory was announced at conferred gratuitously upon an individual on account
4
Rome, were regarded as festival days. In the of the benefits which he had conferred upon the
provinces, also, in addition to temples and altars, town (ordo decurionum ob merita ejus honorem Au-
8
quinquennial games were instituted in almost every gustalitatis gra.tu.itum decrevit ). The number of
town. 8 On his return from Rome to Greece, in augustales in each municipium does not appear to
B.C. 19, after being absent from Italy for two years, have had any limitation ;
and it seems that, in
the day on which he returned was made a festival, course of time, almost all the respectable libertini
and called Augustalia. 7 equites wereThe Roman in every municipium belonged to the order, which
accustomed, of their own
accord, to celebrate the thus formed a middle class between the decuriones
8
birthday of Augustus in every alternate year ; and and plebs, like the equestrian order at Rome. We
the praetors, before any decree had been passed for find in the inscriptions of many municipia that the
the purpose, were also in the habit of exhibiting decuriones, seviri or augustales, and plebs, are
games every year in honour of Augustus. Accord- mentioned together, as if they were the three prin-
ing to Dion Cassius, it was not till B.C. 11 that cipal classes into which the community was div:
9 -
this expression on account of the formal recognition tend to the worship of other emperors after their
of the games, which was made at the beginning of decease and we accordingly find, in inscriptions,
;
the reign of Tiberius," and thus speaks of them as mention made of the sodales Flavii, Hadrianalct,
1*
first established at that time. They were exhibit- Mliani, Antonini, &C.
ed annually in the circus, at first by the tribunes of It appears that ihe-flamines Augustales ought to
the plebes, at the commencement of the reign of distinguished from the sodales Augustales. We
12
Tiberius, but afterward by the praetor peregrim:s. find that flamines and sacerdotes were appointed
These games continued tr be exhibited in the time
1. (Suet., Octav., 98.) 2. (v., p. 246.) 3. (Strabo, 1. c.) 4.
of Dion Cassius, that is, about A.D. 230. l3 5. (316, 2.) 6
(Suet., Claud., 11. Compare Dion, lx., 6.)
1. (Liv., viii., 23.) 2. (Da Div., ii., 31, 34.) 3. (Zosim., lib. (Schol. in Hot., Sat.. II., iii., 281.) 7. (Orelli, Inscrip., 395'J.
iv.) 4. (Montfaucon, Supp., vol. i., 113.) 5. (Dion, li., 19.) Compare Petron., Sat., c. 30.) 8. (Orelli, 3213.) 9. (Orelli,
6. (Suet., Octar., 59.) 7. (Dion, liv., 10.) 8. (Suet., Octav., 3939.) 10. (Tacit., Ann., i., 54. Compare Orelli, Inscrip.,
57.) 9. (liv., 34.; -10. (Tacit., Ann., i., 54.) 11. (Tacit., Ann., 2360, 2367, &c.) 11. (Tacit., 1. c.) 12. (Tacit., Ann., ii., 63.)
i , 15.) 12. (Trci, Ann., i., 15. Dion, Ivi., 46 ) 13. (liv., 34.) 13. (Tacit., Hist., ii., 95.) 14. (Orelli, Jnscrip., 2371, &c.)
127
AURUM. AURUM.
In the lifetime of Augustus to attend to his worship liast on this passage states that in tie pieceding
;
iat we have the express statements of Suetonius year the golden statues of Victory had been coined
and Dion Cassius that this worship was confined into money, and he quotes Hellanicus and Philo-
to the provinces, and was not practised in Rome, chorus as authorities for this statement. It would
or in any part of Italy, during the lifetime of Au- appear from the language both of Aristophanes and
gustus.
1
Women even were appointed priestesses the scholiast, and it is probable, from the circum-
of Augustus, as appears from an inscription in Gru- stances of Athens at the time (it was the year
ter:* this practice probably took its origin from the before the battle of ^Egospotami), that this was a
appointment of Livia, by a decree of the senate, to greatly debased gold coinage, struck to meet a par-
3
bo priestess to her deceased husband. It seems ticular exigency. This matter is distinct, from the
probable that the sodales Augustales were intrusted general question respecting the Athenian gold coin-
with the management of the worship, but that the age, for the Attic money was proverbial for its
flamines Augustales were the persons who actually purity and the grammarians, who state that Athens
,
offered the sacrifices and performed the other sacred had a gold coinage at an early period, speak of it as
rites. A member of the sodales Augustales was very pure. There are other passages in Aristopha-
sometimes a flamen also (Neroni Gossan, flamini nes in which gold money is spoken of, but in them
Auguslaii, sodali Augusta.il*) and it is not improba- he is referring to Persian money, which is known
;
ble that the flamines were appointed by the sodales. to have been imported into Athens before the Athe-
AUGUSTUS. (Vid. CALENDAR, ROMAN.) nians had any gold coinage of their own and even ;
AUL^EUM. (Vid. SIPARIUM, TAPES, VELUM.) this seems to have been a rarity. 1 Demosthenes
*AULO'PIAS (aMoTTtof), a large fish, of which always uses upyvplov for money, except when he is
<Elian gives an interesting account. Rondelet re- speaking of foreign gold. In the speech against
fers it to the genus Labrus, or Wrasse, but Adams Phormio, where he repeatedly uses the word xP v ~
thinks it much more probable that it was a species ffiov, we are expressly told what was the money he
of Squaliis, or Shark. referred to, namely, 120 staters of Cyzicus. 3 Isoc-
AULOS (aivlof), a wind instrument played with rates, who uses the word in the same way, speaks
the fingers. It consisted of several parts yAurnf in one passage of buying gold money (%pvauvtiv) in
:
8
or yAwrra, the mouthpiece, which was taken off ixchange for silver. In many passages of the
when not used, and kept in a case (yhuTTOKOfielov) orators, gold money is expressly said to have been
;
iwoy/lwnvf the under part of the mouthpiece, often imported from Persia and Macedonia. If we look
,
put for the mouthpiece itself; ofyoi, pieces of wood at the Athenian history, we find that the silver
or bone inserted in the rpvir^ara or openings, and mines at Laurion were regarded as one of the
pushed aside, or up and down, so as to narrow or jreatest treasures possessed by the state but no ;
extend the compass of the scale at pleasure uch mention is made of gold.
; Thucydides,* in
vfotyiov, similar to ofywf, but inserted in the mouth- numerating the money in the Athenian treasury at
piece so as to lessen the power of the instrument the beginning of the Peloponnesian war, does not
when required it is often confounded with oA/zof mention gold and Xenophon speaks of the money
:
;
and y/lwrra. Bo^fof appears to have been the of Athens in a manner which would lead us to sup-
same with oA/zof according to Hesychius, it was pose that it had no gold coinage in his time. 1 The
:
also a kind of ai>AJf. $op6eia was not a part of the mines of Scaptehyle, in Thrace, were indeed
6
otiAoj, but a strap fastened at the back of the head, worked some years before this period, but the gold
v-ith a hole in front fitting to the mouthpiece. (Vid. procured from them does not appear to have been
PnoRBEiA. 5 ) For an account of the different sorts oined, but to have been laid up in the treasury in
of avl.ol, see TIBIA and for the character of flute the form of counters (tydoldes 1 ). Foreign gold coin
;
music, and its adaptation to the different modes, was often brought into the treasury, as some of the
see MUSICA. allies paid their tribute in money of Cyzicus. The
AU'REUS. (Vid. AURUM.) *old money thus introduced may have been allowed
AURI'GA. (Vid. CIRCUS ) to circulate, while silver remained the current
'AURIPIGMENTUM. (Vid. ARSENICUM.) money of the state.
AURUM (xpvaof], Gold. It is stated under AR- The character of the Attic gold coins now in ex
OEN-TUM, that as late as the commencement of the istence, and their small number (about a dozen), is
Peloponnesian war, the Athenians had no gold coin- a strong proof against the existence of a gold cur-
It would appear from a
age. passage in the Anti- rency at Athens at an early period. There are
gone,* that in the time of Sophocles gold was rare ;hree Attic staters in the British Museum, and one
at A.thens. Indeed, throughout the whole of
Greece, in the Hunterian Museum at Glasgow, which there
though gold was by no means unknown, it appears s good reason to believe are genuine their weights ;
t.) have been obtained
chiefly through the Greek agree exactly with the Attic standard. In the
cities of Asia Minor and the
adjacent islands, which character of the impression, they bear a striking re-
possessed it in abundance. The Homeric poems semblance to the old Attic silver but they ditTe* ;
speak constantly of gold being laid up in treasuries, Tom it by the absence of the thick, bulky form, anc
and used in large quantities for the purpose of or- the
high relief of the impression which is seen ir.
nament but this is sufficiently accounted for
;
by the old silver of Athens, and in the old gold coins
the fact that Homer was an Asiatic Greek. The of other states. In thickness, volume, and the
chief places from which the Greeks
procured their depth of the die from which they were struck, they
gold were India, Arabia, Armenia, Colchis, and :losely resemble the Macedonian coinage. Now,
Troas. It was found mixed with the sands of the as
upon the rise of the Macedonian empire, golj
Pactolus and other rivers. jecame plentiful in Greece, and was coined in large
GREEK GOLD MONEY. The time when gold was quantities
by the Macedonian kings, it is not im-
first coined at Athens is uncertain.
very Aristoph- probable that Athens, like other Grecian states,
anes speaks in the Frogs (406 B.C.) of TO KOIVOV
" the new 7
may have followed their example, and issued a gold
Xpvaiov, gold money," which he imme- coinage in imitation of her ancient silver. On the
diately afterward calls rcovrjpu ^aA/aa. 9 The scho- whole, it appears most probable that gold money
(Tacit., Ann., i., 10.
1.
Suet., Octav., 52. Dion, li., 20.) 1. (Vid. Aristoph., Acharn., v., 102, 108. Equit., v., 470
2. (320, 10.) 3. (Dion, Ivi., 46.) 4. (Orelli, Inscrip., 2366,
5. (Hesych. in vocibus.
Av., v., 574.) 2. (p. 914. Compare his speech, rpflf
2368.) Pollux, Onom., iv., 67. Sal- 3. (Trapezit., p. 367.) -4. (ii., 13.) 5
Ao/cpiV., p. 935.)
mas., Plin. Exer., p. 120, a. 6. Bartholini, De Tibiis, p. 62.) (Vectigal, iv., 10.) 6. (Taucycl., iv., 105.) 7. (Bockh, I
6 Iv., 1038.)7 (v., 719.) 8. (v., 724.)
scrip., vol. i., p. 145, 146.;
138
AUIU'M. AURUM CORONARIUM.
was not coined Athens in the period between early emperors, was 60 grains, that of the aureus
at
Pericles and Alexander the Great, if we except, the shouM be 120. The average weight of the aurei
solitary issue of debased gold in the year 407. of Augustus, in the British Museum, is 121 2fl
A question similar to that just discussed arises grains and as the weight was afterward dimin- :
with respect to other Greek states, which we know ished, we may take the
average at 120 grains.
to have had a silver currency, but of which a few There seems to have been no intentional alloy in
gold coins are found. This is the case with J^gina, the Roman gold coins, but they
generally contained
Thebes, Argos, Carystus in Eubcoa, Acarnania, and a small portion of native silver. The average alloy
/Etolia. But of these coins, all except two bear is
evident marks, in their weight or workmanship, of
TO
The aureus of the Roman emperors, therefore,
belonging to a period not earlier than Alexander contained jf -4 of a grain of
alloy, and, there-
the Great. There is great reason, therefore, to fore, 119-6 Now a sovereign
grains of pure gold.
believe that no gold coinage existed in Greece contains 1 1 3 1 2
grains of pure gold. Therefore the
Proper before the time of that monarch. value of the aureus in terms of the
sovereign is
But from a very early period the Asiatic nations, =1 05 64=l/. 1*. Id. and a little more than'
and the Greek cities of Asia Minor and the adjacent aTTf:T%
halfpenny. This is its value according to the
islands, as well as Sicily and Cyrene, possessed a present worth of but its current value in
gold ;
gold coinage, which was more or less current in Rome was different. from this, on account of the
Greece. Herodotus says that the Lydians were difference in the worth of the metal. The
1
aureus
the first who coined gold, and the stater of Croesus
passed for 25 denarii therefore, the denarius being ;
appears to have been the earliest gold coin known 8K, it was worth 17s. 8d. The ratio of the
to the Greeks. The Dane was a Persian coin. value of gold to that of silver is
given in the arti-
Staters of Cyzicus and Phocaea had a considerable cle ARGENTUM.
currency in Greece. There was a gold coinage in The following cut represents an aureus of Au-
Samos as early as the time of Polycrates. 4 The gustus in the British
islands cf Siphnus and Thasos, which possessed
Museum, which weighs 121
grains :
xx (20 sestertii) ; the second, xxxx (40 sestertii) Chares relates, in his history of Alexander,* that
:
the third, -^x (60 sestertii). Of the last we sub- after the conquest of Persia, crowns were sent to
join an engraving :
Alexander which amounted to the weight of 10,500
:alents. The number of crowns which were sent
;o a Roman
general was sometimes very great.
3n. Manlius had 200 crowns carried before him in
the triumph which he obtained on account of his
6
conquest of the Gauls in Asia. In the time of
Cicero, it appears to have been usual for the cities
of the provinces, instead of sending crowns on oc-
Pliny adds, that afterward aurei were coined of
40 to the pound, which weight was diminished, till, casion of a victory, to pay money, which was called
under Nero (the reading of this word is doubtful), aurum coronarium.* This offering, which was at
they were 45 to > the pound. This change is sup- irst voluntary, came to be regarded as a regular
posed, from an examination of extant specimens, ribute, and seems to have been sometimes exacted
to have been made in the time of Julius Caesar. >y the governors of the provinces even when no
The estimated full weight of the aurei of 40 to the victory had been gained. By a law of Julius Cae-
7
pound is 130-1 grains of those of 45 to the pound, iar, it was provided that the aurum coronarium
;
115 64 grains. No specimens exist which come ihould not be given unless a triumph was decreed ;
up
to the 130-1 grains; the heaviest known is one of but under the emperors it was exacted on many
other occasions, as, for instance, on the adoption of
Pompey, which weighs 128-2 grains. The average
of the gold coins of Julius Caesar is fixed by Le- Vntoninus Pius. 8 It continued to be collected, ap-
tronne at 125-66 grains, those of Nero, 115-39 >arently as a part of the revenue, in the time of
Valentinian and Theodosius. 9
grains. Though the weight of the aureus was
diminished, its proportion to the weight of the de-
1. (Lamprid., Alex.
narius remained about the same, namely, as 2 1 :
Sev., c. 39.) 2. (Cod. x., tit. 70, s. 3.
lussey on Ancient Weights and Money. Wurm, De Pond.,
(or rather, perhaps, as 21 1). Therefore, since Festus, s. v. Trium-
:
<fcc.) 3. (Liv., xxxviii., 37 ; xxxix., 7.
the standard weight of the denarius, under the phales Coronse.) 4. (ap. Athen., xii., p. 539, A.) 5. (Liv,
xxxix., 7.) 6. (Cic., Leg-. Agr., ii., 22. Aul. Cell., v., 6.
1. (i., 94.) 2. (Herod., iii., 56.) 3. (H. N., xxxiii., 13.) 4 Monum. Ancyr.) 7. (Cic. in Pis., c. 37.) 8. (Capitolin.,Aatoa
(Ancient Weights and Money.) p ius, c. 4.) 9. (Cod. tit.
x., 74.)
129
AUSPICIUM. AUSPICIUM.
Servius says 1 that aururn coronanum was a sum The commander-in-chief of an army received ta
auspices, together with
the imperium, and a war
of money exacted from conquered nations, in con-
sideration of the lives of the citizens being spared ;
was therefore said to be carried on ductu et auspicio
but this statement does not appear to be correct. imperatoris, even if he
were absent
from the army ;
AURUM LUSTRA'LE was a tax imposed by and thus, if the legatus gained a victory in the
Constantine, according to Zosimus,* upon all mer- absence of his commander, the latter, and not his
chants and traders, which was payable at every was honoured by a triumph.
deputy,
lustrum, or every four years, and not at every five, ordinary manner of taking the auspices wa
The
as might have been expected from the original as follows The augur went out before the dawn
:
tax was also called of day, and, sitting in an open place, with his head
length of the lustrum. This
auri el argenti collatio or prastatio, and thus, in veiled, marked out with a wand (lituus) the divis*
Greek, rj ovvrefaia TJ TOV xpveapyvpov.
3
It appears ions of the heavens. Next he declared, in a sol-
from an inscription in Gruter* that there was a dis- emn form of words, the limits assigned, making
1
tinct officer appointed to collect this tax (auri lus- shrubs or trees, called tesqua, his boundary on earth
tralis coactor). correspondent to that in the sky. The templum
AUSPIO'IUM originally meant a sign from birds. augurale, which appears to have included both, was
The word is derived from avis, and the root spec. divided into four parts those to the east and west :
As the Roman religion was gradually extended by were termed sinistrce and dextra ; to the north and
additions from Greece and Etruria, the meaning of south, antica and posticce. (Vid. AGRIMENSORKS )
the word was widened, so as to include any super- If a breath of air disturbed the calmness of the
natural sign. The chief difference between auspi- tieavens (si silentium non essef), the auspices could
3
cium and atigurium seems to have been, that the not be taken, and, according to Plutarch, it was for
latter term is never applied to the spectio of the this reason the augurs carried lanterns open to the
magistrate. (Vid. AUGUR.) wind. After sacrificing, the augur offered a prayei
Whoever has thought on this part of the Roman for the desired signs to appear, repeating, after an
religion cannot but feel astonished
at its exceeding inferior minister, a set form unless the first ap- :
simplicity. The rudest observations on the instinct pearances were confirmed by subsequent ones, they
of birds, such as the country people make in all were insufficient. If, in returning home, the augur
ages, were the foundation of the Roman belief. :ame to a running stream, he again repeated a
The system outlived the age for which it was prayer, and purified himself in its waters ; other-
adapted and in which it arose. Its duration may wise the auspices were held to be null.
be attributed to its convenience as a political in- Another method of taking the auspices, more
strument at length, as learning and civilization in- usual on military expeditions, was from the feeding
:
creased, it ceased to be regarded in any other light. of birds confined in a cage, and committed to the
Yet, simple as the system appears, of its innu- care of the pullarius. An ancient decree of the col-
6
merable details only a faint outline can be given. lege of augurs allowed the auspices to be taken
Birds were divided into two classes, oscines and from any bird.* When all around seemed favour-
frizpetes ; the
former gave omens by singing, the able (silentio facto, h. e. quod omni vitio caret), either
8
latter by their flight and the motion of their wings. at dawn or in the evening, the pullarius opened
Every motion of every bird had a different mean- the cage, and threw to the chickens pulse, or a kind
ing, according to the different circumstances or of soft cake. If they refused to come out,' or to
times of the year when it was observed. Many eat, or uttered a cry (occinerent), or beat their wings,
signs were supposed to be so obvious, that any, not or flew away, the signs were considered unfavour-
Minded by fate, might understand them and much able, and the engagement was delayed. On the
;
was not reducible to any rule, the meaning of which contrary, if they ate greedily, so that something fell
1
could only be detected by the discrimination of au- and struck the earth (tripudium solistimum, tripu-
gurs. dium quasi tcrripavium, solistimum, from solum, the
Another division of birds was into dextra and latter part of the word probably from the root of sti-
tinistrtz, about the meaning of which some difficulty mulo), it was held a favourable sign. Two other
has arisen, from a confusion of Greek and Roman kinds of tripudia are mentioned by Festus, the tri-
notions in the writings of the classics. The Greeks pudium oscinum, from the cry of birds, and sonivium,
and Romans were generally agreed that auspicious from the sound of the pulse falling to the ground.*
signs came from the east but as the Greek priest
;
The place where the auspices were taken, called
turned his face to the north, the east was on his auguraculum, augurale, or auguratorium, was open
right hand ; the Roman augur, with his face to the to the heavens one of the most ancient of these
:
south, had the east on his left. The confusion was was on the Palatine Hill, the regular station for the
farther increased by the euphemisms common to observations of augurs. Sometimes the auspices
both nations and the rule itself was not universal, were taken in the Capitol, or in the pomoerium. Ir.
;
at least with the Romans the jay when it appeared the camp, a place was set apart to the right of the
;
on the left, the crow on the right, being thought to general's tent. 9 On other occasions, when the
give sure omens.' auspices were taken without the "walls, the augur
The auspices were taken before a marriage, 7 be- pitched a tent after a solemn form if he repassed :
fore entering on an expedition, 8 before the passing the pomoerium without taking the auspices, it was
of laws or election of magistrates, or any other im- necessary that the tent should be taken down and
portant occasion, whether public or private. Can- dedicated anew. 10
didates for public offices used to sleep without the The lex ^Elia and Fufia provided that no assem-
walls on the night before the election, that they blies of the people should be held, nisi prius de catlo
11
might take the auspices before daylight. In early servalum esset. It appears to have confirmed to
times, such was the importance attached to them, the magistrates the power of obnunciatio, or of inter-
that a soldier was released from the military oath posing a veto. (Vid. AUGUR.)
if the auspices had not been duly performed.
Auspicia were said to be clivia, prohibitory, impe-
1. (In Virg.,J3n., viii.,721.) 2. (ii., 38.) 3. (Cod. 11, tit, 1. 1. (Varro, De Ling. Lat., 2. (Cic., De Div., ii., 34.)
vi., 4.)
Cod. Theodos., 13, tit. 1.) 4. (p. 347, n. 4.) Vid Niphus,
5. ( . 3. (QuiEst. Rom.) 4. (Cic., De
Div., ii., 34.) 5. (Liv., x..
De Auguriis Bulensp-e, De Aug. Dempster, Antiq. Rom., lib. 40.) 6. (Val. Max., i.,
4 ) 7. (Cic., De Div., ii., 34.) -8. (Cw.,
" Tremere omnii
ui./ (Hor., Od., III., xxvii., 11-16. Ep., I., vii., 52. Virg.,
6. Ep. ad Fam., vi., 6. Serv. in JEn., iii., 90 :
Eclog., ix., 15. Persius, Sat., v., 114.) 7. (Cic.,
jfin., ii.,6U3. visa repente.") 'J. (Tacit., Ann., ii., 13.) 10. (Val. Mai., i.. l.i
DDiv., '.,!!.) 8 'Plut Marc. Crass.) 11. (Cic., Pro Sextio, c. 17. Pro Vat., o. 9.J
130
ATJTONOMI. BAGUAK.
Saliva or impetrita, obtained by prayer, opposed to the Greeks to those states which were go \ernea by
AlativA, spontaneous ; majors, those of the higher, their own laws, and were not subject to any foreign
ninora of the inferior magistrates coacta, when the ; power.
1
This name was also given to those cities
ihickens were starved by the pullarius into giving subject to the Romans, which were permitted to
iavourable signs ; l e/ acuminibus, from the bright- enjoy their own laws, and elect their own magis-
ness or sharpness ot weapons, an art which Cice- trates (Omnes, suis legibus et judiciis usa avrovo-
ro* laments as lost in iris own day juge auspicium, ; fiiav adeptd, revixerunt*). This permission was re-
from birds reappearing in pairs pedestre, from ani-; garded as a great privilege and mark of honour ;
the sodales Titii. Both were in high esteem with square or pyramidal form, made to turn on an axis,
the augurs. The owl, the swallow, the jay, the on which were written the laws of Solon. They
woodpecker, were almost always inauspicious the : were at first preserved in the Acropolis, but were
eagle, the bird of Jupiter, on the other hand, was afterward placed, through the advice of Ephialtes,
generally a messenger of good, as also the heron. in the Agora, in order that all persons might be able
5
The crow, before a marriage, was considered an to read them.* According to Aristotle, they were
omen of matrimonial happiness. the same as the nvpSpsi?. A
small portion of them
The curious in such matters may find a vast was preserved in the tune of Plutarch (I. c.) in the
4
number of similar particulars in Bulengre, which Prytaneum.*
is printed in the fifth volume of the Thesaurus of
Graevius. B.
*AUSTERA'LIS, a plant mentioned by Apuleius, a Babylonian shawl. The
and the same with the Sisymbrium. (Vid. SISYM-
BABYLO'NICUM,
splendid productions of the Babylonian looms, which
BRIUM.)
*AUTACHA'TES (OVTCIXUTW), a species of Agate, appear, even as early as the days of Joshua, to have
excited universal admiration, 7 were, like the shawls
which diffused, when burned, according to Pliny, a of modern Persia, adorned both with gold and with
fragrance resembling that of myrrh. Salmasius
variously coloured figures. Hence Publius Syrus8
conjectures stactachates, in the text of Pliny, for au-
tachates : " Stactachates sic s tact a odo- compares a peacock's train to a figured Babyloni
dictus, quod
cum, enriched with gold (plumato aureo Babylomco).
rem, id est myrrhce, haberet ustus." He has no MS.
7 Lucretius 9 and Martial 10 celebrate the magnificence
authority, however, in his favour. of these textures, and Pliny 11 mentions the enor-
AUTHEN'TICA. (Vid. NOVELME.) mous prices of some which were intended to serve aa
AUTHEPSA (ai>0t//7?f), which literally means
furniture for triclinia (tricliniaria Babylonicd). Nev-
" "
self-boiling" or self-cooking," was the name of a
ertheless, Plutarch informs us, in his life of the eldeir
vessel, which is supposed by Bottiger to have been
used for heating water, or for keeping it hot. Its
of these precious shawls (eni
Cato, that when one
TUV nomihuv Ba6vh<l>viKov) was bequeathe.1
form is not known for certain but Bottiger 8 con- dkruia
;
to him, he immediately gave it away. ( Vid. PAL-
jectures that a vessel, which is engraved in Cay-
9 LIUM, PEEISTROMA, STRAGCLUM.)
lus, is a specimen of an authepsa.
Cicero 10 speaks of authepsae among other costly
BACCA. (Vid. INAURIS, MONILE.)
Corinthian and Delian vessels. In later times they "
*BACCAR or BACC'ARIS (/Ja/^apif), a plant.
Even in ancient times," remarks Adams, " it was
were made of silver." Voss, in his commentary on
18 a matter of dispute what this was. Galen says
Catullus, compares this vessel with the Greek 'nr- that the term had been
13
and Athenaeus. 1 * applied both to an herb and
voAtfiris, which occurs in Lucian
a Lydian ointment. Of modern authorities, some
AYTOMOA'IAS FPA*H (avropoMag was
the accusation of persons charged with having de-
ypaipf}) have supposed it to be Clary, some Fox-gloi-t and
some Avcns, or Bennet; but all these opinions are
serted and gone over to the enemy during war.
There are no speeches extant upon this subject. utterly at variance with its characters as given by
1*
Dioscorides. 1 * Dr. Martyn remarks that many hold
Petitus, however, collects from the words of a
it to be spikenard, but he is rather inclined to iden-
commentator upon Demosthenes (Ulpian), that the 18
junishment of this crime was death. Meier 18 awards tify it with the Conyza of the ancients. Matthio-
the presidency of the court in which it was tried to lus, in like manner, and Bauhin, point to the Cony-
left the city in times of danger, without any inten- conjecture that has been formed respecting it.
tion of going over to the enemy, being tried by the though it does not satisfy Sprengel. Dierbacli,
17 however, contends for its being the Gnaphnlium
Areiopagus as traitors (7rpo<56r<u ), will make us
pause before we conclude that persons not enlisted
sanguineum, or Bloody Cudweed. Sprengel wakes
the Baccar' of Virgil 1 * to have been the Valeriana
'
To the blind seer Tiresias one was given, a perfume was obtained by the ancients. 4 Dioscor-
port.
which, served him instead of eyes (peya jSa/crpov,
6
ides says, " It is the fruit of a tree resembling the
7
oKf/KTpov ). Homer represents him as carrying it Myrica, like what is called the Pontic bean, the in-
even in Erebus. 8 ner part of which, when pressed, like bitter almonds,
A dutiful and affectionate daughter is figuratively emits a liquid that is used for preparing many oint-
called the staff of her aged parents. Thus Hecuba ments." Moses Charras says of it, " The Nut-Ben,
describes Polyxena (/3a/crpov ), and the same beau-
9
called by the Greeks Balanus Myrepsica, by the Ro-
tiful metaphor is applied to Antigone and Ismene, mans Glans Unguentaria, affords its oil by pressing
10
the daughters of CEdipus (anf/nTpu ). in the game manner as other fruits." The tree
The staff and wallet were frequently borne by which furnishes the Nut-Ben has got the name of
philosophers, and were more especially characteris- Hyperanthera moringa, Vahl., in English, the Smooth
tic of the Cynics. ( Vid. PERA.) Bonduc-tree. " It is worthy of remark, that the
The shepherds also used a straight staff as well Nut-Ben is called also Myrobalanum by the Greeks
as a crook. The annexed woodcut, taken from a and Romans, a term which it is important that the
gem in the Florentine cabinet, shows the attire of a reader should not confound with the Myrobalans of
Roman shepherd in the character of Faustulus, who the Arabians and of the moderns. These are all
is contemplating the she-wolf with Romulus and stone-fruits got from the East. The only Greek
Remus. It illustrates what Ovid 11 says of himself authors who make mention of the latter are Actua-
in his exile :
rius, Zosimus Panopolita, and Myrepsus.'"
"
5>>c velim baculo pascere nixus ovcs." BAL'ATRO, a professional jester, buffoon ,
or par-
asite.* In Horace, 7 Balatro is used as a proper
name Servilius Balatro. An old scholiast, in com-
menting on this word, derives the common word
from the proper names buffoons being called oala-
;
Among the gods, ^Esculapius, 18 Janus, 13 and oc- etymology and common sense. Another writer has
14
were represented as old men derived it from barathrum, and supposes buffoons
casionally Somnus,
to have been called balatrones, because so to
leaning on a staff. they,
speak, carried their jesting to market, even into the
It appears that the
kings of Sparta carried a trun-
cheon (fiaKTTipia) as the ensign of their authority. 14 very depth (barathrum) of the shambles (barathrum
On the occasion of one of them lifting it up in a macelli*). According to some readings, Lucretius*
has barathro in a similar sense to balatro. Perhaps
threatening attitude, Themistocles returned the cel-
ebrated answer, " Strike, but hear." In reference balatro may be connected with bala-re (to bleat like
to this custom, the truncheon (baculus) v/as carried a sheep, and hence) to speak sillily. It is probably
in the hand by actors on the Roman 18
The connected with blatero, a busy-body. 10 Balatrones
stage.
dicasts at Athens received, at the time of their were paid for their jests, and the tables of the
ap-
pointment, a (3aKTT)pia and avfifiohov as a mark of wealthy were generally open to them for the sake
their authority. 17 of the amusement they afforded the company.
Crooked sticks were carried by men of fashion at *BAL'ERUS CSaAepo?), a fish of the Carp species.
Athens TUV CKO^LUV EK AaKedatpovoe 16 ). Artedi supposes it a species of Cyprinus, called in
(paKTr/piai
As baculus was a general term, its application in French Borddiere, and in German Blick. 11
various specific senses is farther explained under BALIS'TA, BALLIS'TA. (Vid. TORMENTUM.)
LITUUS, PEDUM, SCEPTEUM, VIROA. *BALLO'TE (paU.uTfj), a plant. Pliny
18
calls it
sixth species of Marrubium, namely, his Marrubium belt lay over the other, and was larger and hroadei
1
nigrum f&tidum, as the Ballote Dioscor. Sprengel than it (TtAa/zeJV aairiSog TrAar^of Teha/Mvog ;" ua j
refers it to the Ballote nigra, L., to which Miller mf cvv reAa/iwpi ; 3 Vid. JEais, p. 2G). The two
"
gives the English name of stinking Black Hore- belts upon the breast of Ajax, the son of Tela-
hound.'' Sibthorp, however, prefers a species of mon, who carried a remarkably heavy shield, are
Dead Nettle, namely, the Lamium Striatum." mentioned in the Iliad.* But, although he was
BAL'NEUM. (Vid. BATH.) saved by this double covering from being wounded
*BAL'SAMUM (/JuAaa/zov), the Balsam-tree, and by Hector's spear, yet the language of Homer 8
also the Balsam itself exuded from it. The latter, clearly implies that the practice alluded to was on
however, is more correctly called Opobalsamum. the field of battle productive of great heat and an-
"Writers describe Opobalsamum," says Moses noyance and this circumstance probably led to the ;
" as a
Oharras, thick, transparent juice or liquor, in disuse of the oppressive shield-belt, and to the
smell resembling turpentine, but much more pleas- invention of the Carian d^avov by which it was su-
ing. It ought to distil, after incision made in the perseded. (Vid. CLIPEUS.) The ancient practice
dog-days, from the branches of a shrub called Bal- must also have occasioned some inconvenience in
tamum." Sprengel gives an interesting account of putting on the armour. The circumstance to which
the Balsamum. He comes to the conclusion that some of the Alexandrine critics objected, that Homer
the Opobalsamum is the product of two different makes his heroes assume the shield before the hel-
species of shrub, namely, the Amyrus Gileadensis met, may be explained from the impossibility of
and the A. Opobalsamum, which, however, are re- throwing the shield-belt over the lofty crest of the
ferred to the same species by Belon. The most helmet, supposing the helmet to have been put on
celebrated balsam among the Romans was the one first and yet a warrior, already encumbered with
;
to which we are now referring, and which is known his large and ponderous shield, might have had
at the present day by the names of Balsam of Judaea, some difficulty in putting on his helmet. The very
Mecca, Egypt, and Syria. "There are different early disuse of the shield-belt accounts for the fact,
kinds of this that now form objects of commerce that, except in the case of the ^Egis, which was
;
but the one which the Romans prized most, namely, retained on account of its mythological impor-
that obtained from the Amyrus Opobalsamum, rarely tance, this part of the ancient armour is never ex-
reaches Europe, being nearly all consumed in the hibited in paintings or sculptures. Even the cu-
East. What is sold in the shops is an inferior kind thor of the Shield of Hercules' supposes it to be
"
of Balsam, obtained by decoction. The Arabs at omitted. M>
beside the left hip, its belt was supported by the because the belt, besides fulfilling the purpose for
right shoulder, and passed obliquely over the breast, which it was intended, of supporting the quiver,
as is seen in the beautiful cameo here introduced also confined the garments, and prevented them
from the Florentine Museum. This figure, execu- from being blown about by the wind. This belt
ted by Quintus, the son of Alexander, is supposed passed over the right shoulder and under the left
to represent Achilles, and may be compared with arm, in the same manner with the others.
that of the Greek warrior in p. 94, which shows According to Theocritus, Amphitryon used a
the sword-belt descending obliquely over the back. sword-belt made of cloth, linen being probably in-
tended (vo/cAoT<j rehauuvoe*). More commonly
the belt, whether employed to support the sword,
the shield, or the quivsr, was made of leather (reA-
anvTivoiai 10 ).
afjiuai. It was ornamented (0ae< 6f,"
1
Jnsignis balteus auro *). That which Agamemnon
wore with his shield was plated with silver, and on
it was also 13
displayed a serpent (dpaKuv ) wrought in
blue steel. The three heads of the serpent (/ce0aAa2
Tpetc uu<j>iaTpe<j>ief') were turned back, so as to form
hooks for fastening the two ends of the belt togeth-
er. When, in the shades below, Ulysses meets
Hercules armed with his bow and arrows (vid. AR-
cus), he wears on his breast a golden belt for sus-
1
pending his quiver (dop-rrjp ^pt'creof T&apuv *), on
which are embossed both the animals of the chase
and exhibitions of the slaughter of men. In a pas-
sage already quoted, Diana's belt is described as
enriched with jewels. In like manner, JSneas gives
as a prize in the games at his father's tomb a quiver
full of arrows, with the belt
/"he figure of the Roman in on the other was belonging to it, which
page 95, covered with gold, and had a buckle, or rath-
hand, shows a belt passing over the left shoulder,
as when it was used to support a
dagger or other
1. (H., ii., 388; iii., 334. Schol. ad loc.) 2. v., 79ft-
weapon hanging on the right side. 798.) 3. (II., xvi., 803 ) 4. 5.
(II.,
(xiv., 404-406.) (11. cc.) . (1.
122-139.) 7. (Cyneg., 91.) 8. (ap. Tcrent. Maur.) 9. (Hyll,
1. (In Plin., H. N., 890--2. (Dioscor., iii., 108. Adams,
ix., xxiv., 44.)10. (Herod., i., 171.) 11. (II., xii., 401.)- 12 (Val
Apond., .
v.) -3. (Dioscor., i., 18. Theophrart., \t., 1 ix., 8.)
; Flac., v., 139013. (II , ii , 39 ) 14. (Od., xi , 609.)
A33
BALTEUS. BANISHMENT.
1 1
enriched with a gem. Vitruvius calls these divisions prcecinctiones. ( VIA
er, perhaps, a button (fibula), at
In the
We may presume that, in the sword-belt described AMPHITHEATRUM.) amphitheatre Verona,
the baltei are found by measurement to be 2^ feet
by Valerius Flaccus,"
" high, the steps which they enclose being one foot
Qua ccErulus ambit
two inches high.
Balteus, ct gemini committunt ora dracones," *BAMBAK'ION ({3ajt6uKiov), a term which occurs
the fastening was made by the tasteful joining of only in the works of Myrepsus, the last of the Greek
The annexed woodcut It appears to be the seed of the Got'
the two dragons' heads. jhysicians.
shows a bronze clasp, with three dragons' heads, typium, or Cotton-plant.
which is in the collection of ancient armour at BANISHMENT (GREEK), tortf. Banishment
Goodrich Court, in Herefordshire, and which seems among the Greek states seldom, if ever, appears as
<o have belonged to a Roman balteus. a punishment appointed by law for particular offen-
;es. We might, indeed, expect this ; for the divis-
on of Greece into a number of independent states
would neither admit of the establishment of penal
colonies, as among us, nor of the various kinds of
exile which we read of under the Roman emperors.
The general term tyvyi) (flight) was, for the most
in order to
part, applied in the case of those who,
avoid some punishment or danger, removed from
their own country to another. Proof of this is found
in the records of the heroic ages, and chiefly where
lomicide had been committed, whether with or
without malice aforethought. Thus" Patroclus ap-
pears as a fugitive for life, in consequence of man-
A sword-belt enriched with gold, on which a cel- slaughter (uvfipoKTaairi) committed by him when a
ebrated sculptor had produced a representation of boy, and in anger. In the same manner, 8 Theo-
the Danaids murdering their husbands on the bridal lymenus is represented as a fugitive and wanderer
night, gives occasion to the concluding incident of over the earth, and even in foreign lands haunted
the JEneid. by the fear of vengeance from the numerous kins-
That taste for richly-decorated sword-belts, the men of the man whom he had slain. The duty of
prevalence of which, in the Augustan age, may be taking vengeance was in cases of this kind consid-
inferred from the mention of them in the ^Eneid, :red sacred, though the penalty of exile was some-
did not decline under the succeeding emperors. It times remitted, and the homicide allowed to remain
is, indeed, mentioned as
an instance of the self-de- in his country on payment of a Ttoivri, the price of
nial and moderation of Hadrian, that he had no blood, or wehrgeld of the Germans,* which was
gold on his belt.
3
But Pliny* records the common made to the relatives or nearest connexions of the
practice, in his time, of covering this part of the slain.
4
We
even read of princes in the heroic ages
soldier's dress with lamina of the precious metals ; being compelled to leave their country after the
and of the great intrinsic value and elaborate orna- ommission of homicide on any of their subjects ;
ment of those which were worn by persons attach- and even though there were no relatives to succour
ed to the court, we may form some judgment from the slain man, still deference to public opinion im-
7
*he circumstance that the baltearius, or master of posed on the homicide a temporary absence, until
the belts, was a distinct officer in the imperial he had obtained expiation at the hands of another,
household. Spon, who has published an inscription who seems to have been called the dyvm;f, or puri-
from the family tomb of one of these officers, 5 re- fier. For an illustration of this, the reader is re-
marks, that their business must have been to pro- ferred to the story of Adrastus and Croesus.'
vide, prepare, and preserve all the belts in the ar- In the later times of Athenian history, fyvyfi, or
mamentarium. This office will appear still more banishment, partook of the same nature, and was
considerable from the fact that belts (balteoli) were practised nearly in the same cases as in the heroic
occasionally given as military rewards, together ages, with this difference, that the laws more strict-
with torques and armillce. 6 ly defined its limits, its legal consequences, and du-
In a general sense, "balteus" was applied not ration. Thus an action for wilful murder wag
only to the simple belt, or the more splendid baldric brought before the Areiopagus, and for manslaugh-
which passed over the shoulder, but also to the ter before the court of the Ephetae. The accused
girdle (cingulum) which encompassed the waist might, in either case, withdraw himself (fyvye iv) be-
(Coxa munimen utraque'). Hence the girdle of fore sentence was passed but when a criminal
;
Orion, called &vrj by Aratus, is rather incorrectly evaded the punishment to which an act of murder
denominated balteus in the translations of that au- would have exposed him had he remained in his
thor by Germanicus and Avienus. The oblique ar- own land, he was then banished forever (Qevyei
rangement of the balteus, in the proper sense of that afL(f>vyiav), and not allowed to return
home even
term, is alluded to by Quinctilian in his advice re- when other exiles were restored upon a general
specting the mode of wearing the toga oblique du- :
amnesty, since, on such occasions, a special excep-
citur, velut balteus* tion was made against criminals banished by the
Vitruvius applies the term " baltei" to the bands Areiopagus (ol ef 'Apeiov Kuyov ^evyovref). A con-
Biirrounding the volute on each side of an Ionic victed murderer, if found within the limits of the
9
capital. Other writers apply it to the large steps, 9
state, might be seized and put to death, and who-
presenting the appearance of parallel walls, by which ever harboured or entertained (inrsdsS-aTo) any one
an amphitheatre was divided into stories for the who had fled from his country (TUV tyevyovruv riva)
accommodation of different classes of spectators. to avoid a capital punishment, was liable to the
same penalties as the fugitive himself. 10
(^n.,v., 31 1-313.) 2. (iii.,190.) 3. (Spartian., Hadr.. 10.,
1.
4. (H. N., xxxiii., 54.) 5. (Miscellan. Erud. Ant., p. 253.)
9. (Jul. Capitol., Maximin., 2.) 7. (Sil. Ital., x., 181. Lucan. 1. (De Arch., v., 3, 8.) 2. (II., xxiii., 88.) 3. (Horn., Od ,
ii., 381. Lydus, De Mag. Rom., ii., 13. Corippus, i., 115.) 8 xv., 275.) 4. (Tacit., Germ., 21.) 5. (II., ix., 630.) 6. (Pau-
(Instltut. Or., xi., 3..) 9. (De Arch., hi., 5. ed. Schneider. san., v., 376-381, ed. Schubart.) 7. (Od., xjriii., 119. Schc',
Genelli, Briefe iiber Vitruv., ii., p. 35.) 10. (Calpurn., Eclog inloc.) 8. (Herod., 1, 35.) 9. (Drmosth c. Aiist., 629.)
,
10.
intentional. The property, also, was confiscated was enclosed by barriers, with ten entrances for
in the former case, but not in the latter. the ten tribes. By these the tribesmen entered,
When a verdict of manslaughter was returned, it each with his darpatcov, or piece of tile, on which
was usual for the convicted party to leave (tt-ijMe) was written the name of the individual whom he
his country by a certain road, and to remain in wished to be ostracized. The nine archons and the
exile till he induced some one of the relatives of senate, i. e., the presidents of that body, superin-
the slain man to take compassion on him (euf uv tended the proceedings, and the party who had the
aldeaijTai riva TUV fa yevei rov TrenovOorof). During greatest number of votes against him, supposing
his absence, his possessions were errm/ia, that is, that this number amounted to 6000, was obliged to
not confiscated but if he remained at home, or
;
withdraw (/leTaaTfjvai) from the city within ten
returned before the requirements of the law were days if the number of votes did not amount to
;
satisfied, he was liable to be driven or carried out 6000, nothing was done." Plutarch* differs from
of the country by force. 2 It sometimes happened other authorities in stating that, for an expulsion
that a fugitive for manslaughter was charged with 'his sort, it was not necessary that the votes
murder in that case he pleaded on board ship, be-
; given against any individual should amount to 6000,
fore a court which sat at Phreatto, in the Pei- bin only that the sum total should not be less than
166US.' that number. All, however, agree, that the party
We are not informed what were the consequen- thus expelled (6 eKKrjpvxOete ) was not deprived of his
ces the relatives of the slain man refused to make
if property. The ostracism was also called the nepa-
a reconciliation supposing that there was no com-
;
fj.iK.ri HUGTI!;,
or earthenware scourge, from the ma-
pulsion, it is reasonable to conclude that the exile terial of the barpanov on which the names were
was allowed to return after a fixed time. In cases written.
of manslaughter, but not of murder, this seems to Some of the most distinguished men at Athens
have been usual in other parts of Greece as well as were removed by ostracism, but recalled when the
at Athens. 4 Plato,* who is believed to have copied city found their services indispensable. Among
many of his laws from the constitution of Athens, these were Themistocles, Aristeides, Cimon, and
fixes the period of banishment for manslaughter at Alcibiades of the first of whom Thucydides* states
;
one year, and the word cnrEviavna/toc, explained to that his residence during ostracism was at Argos,
mean a year's exile for the commission of homicide though he was not confined to that city, but visit-
(rote (j>6i'ov Spaaaai), seems to imply that the custom ed other parts of Peloponnesus. The last person
was pretty general. We
have, indeed, the authori- against whom it was used at Athens was Hyperbo*
6
ty of Xenophon to prove that at Sparta banishment lus, a demagogue of low birth and character but ;
was the consequence of in voluntary homicide, though the Athenians thought their own dignity compro-
he does not tell us its duration. mised, and ostracism degraded by such an applica-
Moreover, not only was an actual murder pun- tion of it, and accordingly discontinued the prac-
ished with banishment and confiscation, but also a tice.'
rpavfia EK irpovoiaz, or wounding with intent to kill, Ostracism prevailed in other democratical states
though death might not ensue.
7
The same punish- as well as Athens namely, Argos, Miletus, and Me- ;
ment was inflicted or. persons who rooted up the gara it was by some, indeed, considered to be a
:
sacred olives at Athens, 8 and by the laws of Solon necessary, or, at any rate, a useful precaution for
every one was liable to it who remained neuter du ensuring equality among the citizens of a state. But
9
ling political contentions. it soon became mischievous for, as Aristotle* re- ;
Under tivyri, or banishment, as a general term, is marks, " Men did not look to the interests of the
comprehended ostracism the difference between community, but used ostracisms for party purposes"
:
also, have no fixed place of abode, no time of return however, was only for five years a sufficient time, ;
assigned, but the latter have." This ostracism is as they thought, to humble the pride and hopes of
11
supposed by some to have been instituted by Cleis- the exile. But petalism did not last long for the ;
thenes after the expulsion of the Peisistratidae its fear of this " humbling" deterred the best qualified
;
nature and object are thus explained by Aristotle 12 among the citizens from taking any part in public
:
" Democratical
states (he observes) used to ostra- affairs, and the degeneracy and bad government
cize, and remove from the city for a definite time, which followed soon led to a repeal of the law, B.O
those who appeared to be pre-eminent above their 452. 7
fellow-citizens, by reason of their wealth, the num- In connexion with petalism, it may be remarked,
ber of their friends, or any other means of influ- that if any one were falsely registered in a derrius
ence." It is well known, and implied in the quota- or ward at Athens, his expulsion was called fij>v%-
tion just given, that ostracism was not a punish- 8
Qopia, from the votes being given by leaves.
ment for any crime, but rather a precautionary re- The reader of Greek history will remember that,
moval of those who possessed sufficient power in besides those exiled by law, or ostracized, there
the state to excite either envy or fear. Thus Plu- was frequently a great number of political exiles in
Greece men who, having distinguished themselves
;
1. (e. Aris., 634.) 2. (Demosth., c. Aris., 634 and 644.) 3. as the leaders of one party, were expelled, or obli-
(Detnosth., c. Aris., 646.) 4. (Meursius, ad Lycophr., 282.
press a punishment, of which there were several praefectus urbi by a rescript of the Emperor Severug.
species. Paulus, when speaking of those judicia
8 The consequence of deportatio was loss of property
publica, which are capitalia, defines them by the and citizenship, but not of freedom. Though the
consequent punishment, which is death, or exsih deportatus ceased to be a Roman citizen, he had
um and exsilium he defines to be aqua et ignis
;
the capacity to buy and sell, and do other acts
interdictio, by which the caput or citizenship of the which might be done according to the jus gentium.
criminal was taken away. Other kinds of exsilium, Deporiatio differed from relegatio, as already shown,
he says, were properly called relegatio, and the icu; and also in being always for an indefinite time. The
gatus retained his citizenship. The distinction oe- relegatus went into banishment the deportatus was ;
tween relegatio and exsilium existed under the conducted to his place of banishment, sometimes in
3
Republic. Ovid also* describes himself, not as ex- chains.
sul, which he considers a term of reproach, but as As the exsilium in the special sense, and the dr
relegatus. Speaking of the emperor, he says, portatio took away a person's civitas, it follows
" Nee
vitam, nee opes, nee jus mihi civis ademit ," that, if he was a father, his children ceased to be in
his power and if he was a son, he ceased to be in
;
me patriis jussit abirefocis."* by the terms patria potestas could not exist when
either party had ceased to be a Roman citizen.*
Marcianus 6 makes three divisions of exsilium it :
was either an interdiction from certain places na- Relegatio of a father or of a son, of course, had not
this effect. But the interdict and the deportatio
med, and was then called lata fuga (a term equiva-
did not dissolve marriage. 4
lent to the liber a fuga or liber um exsilium of some
writers) or it was an interdiction of all places ex-
;
When a person, either parent or child, was con-
demned to the mines or to fight with wild beasts,
cept some place named or it was the constraint of
;
an island (as opposed to lata fuga). Noodt 7 cor- the relation of the patria potestas was dissolved.
rects the extract from Marcian thus " Exsilium :
This, though not reckoned a species of exsilium,
aut certorum locorum interdictio, ut resembled deportatio in its consequences.
duplex est :
and if it includes only relegatio, as it must do from was, according to Cicero, a fundamental principle of
the terms of it, the definition is Roman law, 7 that no Roman citizen could lose his
wrong, inasmuch as freedom or his citizenship without his consent. He
there are only two kinds of The conclu-
relegatio.
sion is, that the text of Marcian is either adds, that Roman citizens who went out as Latin
corrupt, colonists could not become Latin unless they went
01 has been altered by the
compiler of the Digest.
Of relegatio there were two kinds a person voluntarily and registered their names those who :
might:
consultum, or
the edictum of a magistratus. The words of Ovid another state thereby ceased to be a Roman citizen
It must not be
express the legal effect of relegatio in a manner lit- forgotten, that in the oration Pro Cos
erally and technically correct. 10 The term relegatio cina, it is one of Cicero's objects to prove that hi?
client had the rights of a Roman citizen and in ;
(y of the proceedings against him. But the latter this is quite consistent with the interdict being a
is the ground on which he seems to maintain his punishment, and having for its object the exsilium.
else in the Pro Domo : he alleges that he was made According to Niebuhr, the interdict was intended
the subject of a privilegium, without having been to prevent a person who had become an exsul from
returning to Rome and resuming his citizenship
1
first condemned in a judicium. ;
In the earlier republican period, a Roman citizen and the interdict was taken off when an exsul was
might have a right to go into exsilium to another recalled: an opinion in direct contradiction to all
state, or a citizen of another state might have a the testimony of antiquity. Farther, Niebuhr as
right to go into exsilium at Rome, by virtue of cer- serts that they who settled in an unprivileged place
tain isopolitical relations existing between such (one that was not in an isopolitical connexion with
state and Rome.- (Vid. MUNICIPIUM.) This right Rome) needed a decree of the people, declaring
was called jus exulandi with reference to the state that their settlement should operate as a legal ex-
to which the person came with respect to his own silium. And this assertion is supported by a single
;
a
slate, which he left, he was exsul, and his condition passage in Livy, from which it appears that it was
was exsilium with respect to the state which he declared by a plebiscitum, that C. Fabius, by going
:
entered, he was inquilinus ; and at Rome he might into exile (exulatum) to Tarquinii, which was a mu-
3
attach himself (applicare se) to a quasi-patronus, a nicipium, was legally in exile.
relationship which gave rise to questions involving Niebuhr asserts that Cicero had not lost his fran-
the jus applicationis. The word inquilinus appears., chise by the interdict, but Cicero says that the
by its termination inus, to denote a person who was consequence of such an interdict was the loss of
one of a class, like the word libertinus. The prefix caput. And the ground on which he mainly at-
in appears to be the correlative of ex in cxsul, and tempted to support his case was, that the lex by
the remaining part quil is probably related to col, in which he was interdicted was in fact no lex, but a
incola and colonus. proceeding altogether irregular. Farther, the inter-
The sentence of aquae et ignis, to which Cicero dict did pass against Cicero, but was not taken off
adds 3 tecti interdictio, was equivalent to the depri- when he was recalled. It is impossible to caution
vation of the chief necessaries of life, and its effect the reader too much against adopting implicitly any
was to incapacitate a person from exercising the thing that is stated in the orations Pro Ccscina, Pro
rights of a citizen within the limits which the sen- Balbo, andPro Domo ; and, indeed, anywhere else,
tence comprised. Supposing it to be true, that no when Cicero has a case to support.
Roman citizen could, in direct terms, be deprived BAPHPUM (fiaytlov, yappaKuv), an establish-
of his civitas, it requires but little knowledge of the ment dyeing cloth, a dyehouse.
for
history of Roman jurisprudence to perceive that a An apparatus for weaving cloth, and adapting it
way would readily be discovered of^ doing that in- to all the purposes of life, being part of every Greek
directly which could not be done directly and ;
and Roman household, it was a matter of necessity
such, in fact, was the aquae et ignis interdictio. that the Roman government should have its own
The meaning of the sentence of aquae et ignis in- institutions for similar uses and the immense
;
terdictio is clear when we consider the symbolical quantity of cloth required, both for the army and for
meaning of the aqua et ignis. The bride, on the all the officers of the court, made it indispensable
day of her marriage, was received by her husband that these institutions should be conducted on a
with fire and water,* which were symbolical of his large scale. They were erected in various parts of
taking her under his protection and sustentation. the empire, according to the previous habits of the
Varro* gives a different explanation of the symboli- people employed and the facilities for carrying on
cal meaning of aqua et ignis in the marriage cere- their operations. Tarentum, having been celebra
mony Aqua et ignis (according to the expression
: ted during many centuries for the fineness and
of Festus) sunt duo elcmenta qua humanam vitam beauty of its woollen manufactures, was selected
maximc continent. The sentence of interdict was as one of the most suitable places for an imperial
either pronounced in a judicium, or it was the sub- baphium.* Traces of this establishment are still
ject of a lex. The punishment was inflicted for apparent in a vast accumulation near Taranto,
called " Monte Testaceo," and consisting of the
various crimes, as vis publica, peculatus, vencficium,
&c. The Lex Julia de vi publica et privata applied, shells of the Murex, the animal which afforded the
among other cases, to any person qui receperit, cela- purple dye.
verit, tenuerit, the interdicted person ;' and there A passage in ^Elius Lampridius* shows that these
was a clause to this effect in the lex of Clodius, by great dyehouses must have existed as
early as the
which Cicero was banished. second century. stated that a certain kind ol
It is
"
The sentence of the interdict, which in the time purple, commonly called Probiana," because Pro-
of the Antonines was accompanied with the loss of bus, the superintendent of the dyehouses (baphiis
citizenship, could hardly have had any other effect prapositus), had invented it, was afterward called
"
in the time of Cicero. It may be true that exsilium, Alexandrina," on account of the preference given
that is, the change of solum or ground, was not in to it by the Emperor Alexander Severus. Besides
direct terms included in the sentence of aqua et the officer mentioned in this passage, who probably
ignis interdictio : the person might stay if he liked, had the general oversight of all the imperial baphia.
and submit to the penalty of being an outcast, and it appears that there were persons called procura-
being incapacitated from doing any legal act. In- tors, who were intrusted with the direction of
deed, it is not easy to conceive that banishment can them in the several cities where they were es
exist in any state, except such state has distant tablished. Thus the Notitia Digmtatum ulriusqut
possessions of its own to which the offender can be Imperii, compiled about A.D. 426, mentions the
1. (Pro Caecina, c. 34.) 2. (c. 17.) 3. (Pro Domo, c. 30.) 1. (Pro Csecina.) 2. (xxvi., 3.) 3. (Pro Cscina, c. 4.) 4
4. (Dig. 24, tit. 1, s. 66.) 5. (De I.mff. Lat., iv.) 6. (Paulus, (Compare Horat., Ep., II., ii., 207, with Servius in Virg., Georjf
Sent. Reoij.t., <] Schu ting.) iv.. 33505. (Alex. Sev., c. 40.)
137
BARBA. BARBA.
* of Narbonne and slovenliness and squalor. The censors Lucius Ve-
procurator" of the dyehouses
Toulon. turius and P. Licinius compelled Marcus Livius,
We
learn f;om tne Codex Theodosianus that the who had been banished, on his restoration to the
dyehouses of Phcenice long retained their original city, to be shaved, and to lay aside his dirty appear-
to them from ance (tonderi et squalorem dcponere), and then, but
superiority, and that dyers were sent
then, to come into the senate, &C. The
1
other places to be instructed in their art. not till
*BAPTES (/3u;m/c), a mineral mentioned by first time of shaving was regarded as the beginning
Pliny.
1
It is description and its
thought, from its of manhood, and the day on which this took place
name, to have been amber, dyed or stained of some was celebrated as a festival.* There was no par-
8
trthrr than its natural colour. ticular time fixed for this to be done. Usually,
B \PTISTE-RIUM. (Vid. BATH.) however, it was done when the young Roman as-
BAR'ATHRUM. (Vid. ORYGMA.) sumed the toga virilis. 3 Augustus* did it in his 24th
BARBA 3
(Trwywv, -yeveiov, vm/vr, ),
the beard. The year, Caligula in his 20th. The hair cut off on
fashions which have prevailed at different times such occasions was consecrated to some god.
and in different countries with respect to the beard Thus Nero put his up in a gold box, set with pearls,
have been very various. The most refined modern and dedicated it to Jupiter Capitolinus.* So Statius*
nations regard the beard as an encumbrance, with- mentions a person who sent his hair as an offering
out beauty or meaning but the ancients generally;
to ^Esculapius Pergamenus, and requested Statius
cultivated its growth and form with special atten- to write some dedicatory verses on the occasion.
tion and that the Greeks were not behindhand in
;
He sent the hair with a box set with precious
this, any more than
in other arts, is sufficiently stones (cum gcmmata pyxidc) and a mirror.
shown by the statues of their philosophers. The With the Emperor Hadrian the beard began to
phrase -rruyuvoTpotyelv, which is applied to letting revive. 6 Plutarch says that the emperor wore it to
the beard grow, implies a positive culture. Gener- hide some scars on his face. The practice after-
ally speaking, a thick beard, nuyuv (3a6vf or daavf, ward became common, and till the time of Cou-
was considered as a mark of manliness. The stantine the Great the emperors appear in busts
Greek philosophers were distinguished by their and coins with beards. The Romans let their
long beards as a sort of badge, and hence the term beards grow in time of mourning so Augustus
;
which Persius* applies to Socrates, magister barba- did 7 for the death of Julius Caesar, and the time
tus. The Homeric heroes were bearded men as ;
when he had it shaved off he made a season of
8
Agamemnon, Ajax, Menelaus, Ulysses. Accord- festivity. 8 The Greeks, on the other hand, on
6
ing to Chrysippus, cited by Athenaeus, the Greeks such occasions, shaved the beard close. 9 Strabo 1 '
wore the beard till the time of Alexander the Great, says that the beards of the inhabitants of the Cas-
and he adds that the first man who was shaven siterides were like those of goats. Tacitus 11 says
was called ever after Kopanv, " shaven" (from that the Catti let their hair and beard grow, and
Keipu). Plutarch 7 says that the reason for the would not have them cut till they had slain an
chaving was that they might not be pulled by the enemy.
beard in battle. The custom of shaving the beard BARBERS. The Greek name for a barber waa
continued among th? Greeks till the time of Justin- Kovpsvf, and the Latin tonsor. The term employed
ian, and during that period even the statues of the in modern European languages is derived from the
philosophers were without the beard. The philoso- low Latin barbatorius, which is found in Petronius
phers, however, generally continued the old badge The barber of the ancients was a far more impor
of their profession, and their ostentation in so doing tant personage than his modern representative
gave rise to the saying that a long beard does not Men had not often the necessary implements for the
\iske a philosopher (iruyuvorpofyia. (biJioaotyov ov various operations of the toilet combs, mirrors,
:
/rom), and a man whose wisdom stopped with his perfumes, and tools for clipping, cutting, shaving,
beard was called kn nuyuvos ao<j>o. So Aulus Gel- &c. Accordingly, the whole process had to be
8 " Video barbam ct
lius says, pallium, philosophum performed at the barber's, and hence the great oon-
nondum video." Horace 9 speaks of " feeding the course of people who daily gossiped at the ton-
10
philosophic beard." The Romans, in early times, strina, or barber's shop. Besides the duties of a
wore the beard uncut, as we learn from the insult barber and hairdresser, strictly so called, the an-
offered by the Gaul to Marcus Papirius, 11 and from cient tonsor discharged other offices. He was also
Cicero 12 and, according to Varro 13 and Pliny, 14 the
; a nail-parer. He was, in fact, much what the
Roman beards were riot shaved till B.C. 300, when
English barber was when he extracted teeth, as
P. Ticinius Maena brought over a barber from Sicily well as cut and dressed hair.
; People who kept the
and Pliny adds, that the first Roman who was necessary instruments for the different opera-
all
shaved (rasus) every day was Scipio Africanas. tions, generally had also slaves expressly
for the
His custom, however, was soon followed, and sha- purpose of performing them. The business of the
ving became a regular thing. The lower orders, then barber was threefold. First, there was the cutting
as now, were not always able to do the same, and of hair hence the barber's question, TTUJ- as Keipu. 1 *
:
hence the jeers of Martial. 15 In the later times of For this purpose, he used various knives of different
the Republic, there were many who shaved the sizes and shapes, and degrees of sharpness hence :
and, accordingly, after the hair-cutting, the uneven pare with it, however, the Hebrew bazzel. Pliny
hairs were pulled out by tweezers, an operation to speaks of fine works of art in Egyptian basalt, and
which Pollux 3 applies the term TrapakiyenOai. So of these some have found their way to Rome, as
the hangers-on on great men, who wished to look the lions at the base of the ascent to the Capitol,
young, were accustomed to pull out the gray hairs and the Sphinx of the Villa Borghese. 1 Winckel-
for them.* This was considered, however, a mark mann distinguishes two kinds of this stone the :
of effeminacy. 4 The person who was to be opera- black, which is the more common sort, is the ma-
ted on by the barber had a rough cloth (w/zo/Uvov, terial of the figures just mentioned the other vari-
;
6
involucre in Plautus ) laid on his shoulders, as now, ety has a greenish hue.
9
We
must be careful not
to keep the hairs off his dress, &c. The second to confound the basaltes of the ancients7 with the
part of the business was shaving (radere, rasitare, modern The former was merely a species
basalt.
i-vpeiv). This was done with a gvpov, a novacula, 7 of syenite,commonly called basaltoid syenite, black
" basalte The ba-
a razor (as we, retaining the Latin root, call it), Egyptian basalt, and antique."
which he kept in a case, drjKTj, Zvpodqitri, S-vpodonrjc;, salt of the moderns is a hard, dark-coloured rock,
" of igneous origin. 3
a razor-case." 8 Some, who would not submit to
the operation of the razor, used instead some pow- BASANISTAI. (Vid. BASANOS.)
erful depilatory ointments or plasters, as psilothron;* *BASANFTES LAPIS (Paaavirrjc Wo f ), called
acida Greta ; 10 Venetum lutum ; 11 dropax. 1 * Stray also Basanos and Lapis Lydius, the Touchstone.
hairs which escaped the razor were pulled out with Its Greek and English names both refer to its office
smaU pincers or tweezers (volsella, rpixohufaov). of trying metals by the touch. The appellation of
"
The third part of the barber's work was to pare Lydian Stone" was derived from the circumstance
the nails of the hands, an operation which the of Lydia having been one of its principal localities.
Greeks expressed by the words owxi&iv and uno- It was also obtained in Egypt, and, besides the use
;
as synonymous with Mpa. (Vid. LYRA.) and in Lysias, as it is a Plataean boy that is spoken
BARDOCUCUL'LUS. (Vid. CUCULLUS.)
of, we have no occasion to conclude that he was ac
*BASALT'ES, a species of marble, as Pliny*4 since we learn from Demosthe Athenian citizen,
1 'SJbina, vol.
v ii., p. 60.) 2. (Sat., 3, 31.
i., Epist., i., 1,
nes 11 that all Plataeans were not necessarily Athe
94.) 3. (ii., 34.)^. (Aristoph., Equit., 908.) 5. (Aul. Cell., nian citizens. It must, however, be observed, that
TiL, 12. Cic., Pro Rose. Com.,
7.) 6. (Capt., II., ii., 17.) 7.
the decree of Scamandrius does not appear to have
(Lamprid., Helio"-., 31.) 8. (Aristoph., Thesm., 220.
c. Pol-
lux, Onom., 32.
Petron., 94.)
ii., 9. (Plin., H. N., xxxii., 10,
interdicted the use of torture as a means of execu-
47.) 10. (Marfal, vi., 93, 9.) 11. (Plm.,iii.,74.) 12. (Ib., iii., tion, since we find Demosthenes 12 reminding the
74 ; i 05.) IS. (Aristoph., Equit., 706. Schol. in loc. Theo-
,
phrast, CharaU., c. 2C. Pollux, Onom., ii., 146.) 14. (Pollux, 1. (Moore's Mineralogy, p. 82.) 2. (Winckelmann, Werke,
Onom., x., 110 ) -15. (Aulul., ii., 4, 34.) 16. (Epig., iii., 74.) &c.) 3. (Fee in Plin., 1. c.) 4. (Hill's The-
vol. v., p. 110, 409,
17. (i., 8, 11.) 18. (Epig.,xiv., 36: Instrumenta tonsona.) 19. ophrastus, p. 189, in notis.) 5. (Cleaveland's Mineralogy, p
(rvi., 45.) 20 (Pollux, Onom., iv., 9. Etym. Mag. in voce.) 300.) 6. (Andoc., De Myst., 22. Compare Lys., Trtpi rpaujt.,
21. (x., 471, c., ed. Cusaub.) 22. (Athensus, iv., p. 635, a.) 177. c. Agorat., 462.) 7. (Oral. Prat., c. 34.) 8. (De Herod,
S3. (Athon , iv., p. 175.) 24. (Ant. Rom., vii., 720-^25. (H. caed., 729.) 9. (o. Simon, 153.) 10. (Staatshaus. der Athener,
N . xxxvi., 9.'i
i., p. 199; ii., p. 412.) 11. Cc. Neaer.. 138) ^12. (De Cor.,271J
130
BASILEUS. BASILICA.
judges that they had put Antiphon to death by the plied in the first instance indiscriminately, without
rack (arpeGhupavTec.). 1 any accurate distinction. In the government ol
The evidence of slaves was, however, always ta- Phaeacia, which was a mixed constitution, consist-
ken with torture, and their testimony was not oth- ing of one supreme magistrate, twelve peers or
erwise received.' From this circumstance their councillors, and the assembly of the people, each ol
testimony appears to have been considered of more the twelve who shared, as well as the one who
value than that of freemen. Thus Isaeus* says, nominally possessed the supreme power, is desig-
" When slaves and freemen are at hand,
you do not nated by the word flaoihevs, which title became
1
make use of the testimony of freemen but, putting afterward strictly appropriated in the sense of our
;
slaves to the torture, you thus endeavour to find out term king but ava% continued long to have a much
;
the truth of what has been done." Numerous pas- wider signification. In the CEdipus Tyrannus, the
8 3
sages of a similar nature might easily be produced title avat; is applied to Apollo, to Tiresias, to Cre-
from the orators.* Any person might offer his own on and CEdipus,* and to the Chorus. 5 Isocrates*
slave to be examined by torture, or demand that of uses paaihevg in the sense of king, and uvaf as ex-
his adversary, and the offer or demand was equally actly synonymous with prince, calling the king's
called irpoKhqaic f ftuaavov If the opponent re- sons uvaKTEc, and his daughters uvaaaai. The title
fused to give up his slave to be thus examined, such of basileus was applied to magistrates in some re-
a refusal was looked upon as a strong presumption publican states, who possessed no regal power, but
against him. The TrpoKhijaic. appears to have been who generally attended to whatever was connected
5
generally made in writing, and to have been deliv- with the religion of the state and public worship.
ered to the opponent in the presence of witnesses Thus the second archon at Athens had the title of
in the most frequented part of the Agora ;'- and as basileus (vid. ARCHON), and we find
magistrates
there were several modes of torture, the particular with the same title in the republican states of Del-
one to be employed was usually specified. 7 Some- phi, 7 Siphnos, 8 Chalcedon, Cyzicus, &c. 9
times, when a person offered his slave for torture, After the introduction of the republican form of
he gave his opponent the liberty of adopting any government into the Grecian communities, anothei
8
mode of torture which the latter pleased. The term (rvpavvog, tyrannus) came into use, in contra-
parties interested either superintended the torture distinction to the other two, and was used to desig-
themselves, or chose certain persons for this pur- nate any citizen who had acquired and retained for
pose, hence called fiacaviarai, who took the evi- life the supreme authority in a state which had pre-
dence of the slaves. 9 In some cases, however, we viously enjoyed the republican form of government.
find a public slave attached to the court, who ad- The term tyrant, therefore,
among the Greeks, had
ministered the torture 10 but this appears only to a different signification from its usual acceptance in
;
have taken place when the torture was administer- modern language and when used reproachfully, it ;
ed in the court, in presence of the judges. 11 This is only in a political, and not a moral sense ; for
public mode of administering the torture was, how- many of the Greek tyrants conferred great benefits
ever, certainly contrary to the usual practice." The upon their country.
general practice was to read at the trial the depo- BASILTCA (sc. cedes, aula, porticus ftaaiXiKii,
sitions of the slaves, which were called ftaaavoi,'- 3 also regia 10 ), a
building which seived as a court of
and to confirm them by the testimony of those who law and an exchange, or place of meeting for mer-
were present at the administration of the torture. chants and men of business. The term is derived,
BASCAN'IA. (Vid. FASCINUM.) according to Philander," from /3acu/lei)f, a king, in
BASCAUDA, a British basket. This term, which reference to early times, when the chief magistrate
remains with very little variation in the Welsh administered the laws he made but it is more im. ;
"basgawd" and the English "basket," was con- mediately adopted from the Greeks of Athens,
veyed to Rome together with the articles denoted whose second archon was styled upxuv fiaaifavf,
by it. We find it used by Juvenal
1*
and by Mar- and the tribunal where he adjudicated oroa ftaaih-
15
tial in connexions which imply that these articles 18
the substantive aula or porticus in Latin be-
eiof,
were held in much esteem by the luxurious Ro- ing omitted for convenience, and the distinctive
ep-
mans. In no other manufacture did our British an- ithet converted into a substantive. The Greek
cestors excel so as to obtain for their productions a writers, who
speak of the Roman basilicae, call them
similar distinction. 16 In what consisted the curios- sometimes croai ftaaihiKai, and sometimes merely
ity and the value of these baskets, we are not in- aroal.
formed but they seem to be classed among vessels
; The first edifice Of this description was not erect-
capable of holding water. ed until B.C. 182 1J for it is expressly stated by the ;
BASILEIA (Baaiheia) was the name of a festival historian that there were no basilicae at the time of
celebrated at Lebadeia, in Bceotia, in honour of Tro- the
fire, which destroyed so many buildings in the
phonius, who had the surname of Baaifavc. This Forum, under the consulate of Marcellus and Laevi-
festival was also called 17 1*
It was situated in the Forum ad-
Trophonia Tpofuvia nus, B.C. 212. ;
rum, and opposite to the Basilica ^Emilia. It was one end of the centre aisle was the tribunal of the
from the roof of this building that Caligula scatter- judge, in form either rectangular or circular, and
ed money among the people for several successive sometimes cut off from the length of the grand nave
days.
8
6. Basilica Caii et Lucii, the grandsons of (as is seen in the annexed plan of the basilica at
Augustus, by whom it was founded.
8
7. Basilica Pompeii, which also affords an example of the
or Trajani, in the Forum of Trajan. 8. Basil- chambers of the judices or chalcidica above men-
Ulpia
ica Constantini, erected by the Emperor Constaii- tioned), or otherwise thrown out from the posterior
tine, supposed to be the ruin now remaining
on the ~
Via Sacra, near the Temple of Rome and Venus,
and commonly called the Temple of Peace. Of all
these magnificent edifices, nothing now remains be-
yond the ground plan, and the bases and some por-
tion of the columns and superstructure of the last
two. The basilica at Pompeii is in better preserva-
tion ;
the external walls, ranges of columns, and
tribunal of the judges being still tolerably perfect on
the ground floor.
The Forum, or, where there was more than one,
the one which was in the most frequented and cen-
tral part of the city, was always selected for the
site of a basilica and hence it is that the classic
;
cellus." The two side aisles, as has been said, was no authorized Greek version of them. The
were separated from the centre one by a row of col- numerous Constitutions of Justinian's successors,
umns, behind each of which was placed a square and the contradictory interpretations of the jurists,
3
pier or pilaster (parastata ),
which supported the were a farther reason for publishing a revised Greek
to the gallery text under the imperial authority. This great work
flooring of an upper portico, similar
of a modern church The upper gallery was in was called Basilica, or RaaihiKal Atarafeif it was :
like manner decorated with columns, of lower di- revised by the order of Constantinus Porphyrogen-
mensions than those below and these served to
; neta, about A.D. 945. The Basilica comprised the
support the roof, and were connected with one an- Institutes, Pandect, Code, the Novelise, and the im-
other by a parapet wall or balustrade (pluteus*), perial Constitutions subsequent to the time of Jus-
which served as a defence against the danger of tinian, in a Greek translation, in sixty books, which
falling over, and screened the crowd of loitereis
are subdivided into titles. The publication of this
above (subbasilicani*) from the people of business in authorized body of law in the Greek language led to
the area below. 6 This gallery reached entirely the gradual disuse of the original compilation of
round the inside of the building, and was frequented Justinian in the East.
by women as well as men, the women on one side The arrangement of the matter in the Basilica ia
and the men on the other, who went to hear and as follows All the matter relating to a given sub-
:
see what was going on. 7 The staircase which led ject is selected from the Corpus Juris the extracts ;
to the upper portico was on the outside, as is seen from the Pandect are placed first under each title,
in the plan of the Basilica of Pompeii. It is simi- then the constitutions of the Code, and next in or-
larly situated in the Basilica of Constantine. The der the provisions contained in the Institutes and
whole area of these magnificent structures was the Novellae, wT hich confirm or complete the provis-
covered with three separate ceilings, of the kind ions of the Pandect. The Basilica does not con-
called testudinatum, like a tortoise-shell in techni-
;
tain all that the Corpus Juris contains but it con- ;
cal language now denominated coved, an expression tains numerous fragments of the opinions of ancient
used to distinguish a ceiling which has the general jurists, and of imperial Constitutions, which are not
appearance of a vault, the central part of which is, in the Corpus Juris.
however, flat, while the margins incline by a cylin- The Basilica was published, with a Latin version,
drical shell from each of the four sides of the cen- by Fabrot, Paris, 1647, seven vols. fol. Fabrot pub-
tral square to the side walls ;
in which form the lished only thirty-six books complete, and six oth-
ancients imagined a resemblance to the shell of a ers incomplete the other books were made up
:
of them were, in fact, converted, as may be inferred were also published separately in London in 1765,
from a passage in Ausonius, addressed to the Em- folio, as a supplement to Fabrot's edition. new A
peror Gratianus Basilica olim negotiis plena, mine critical edition, by the brothers Heimbach, was com-
:
6
votis pro lua salute
susceplis. Hence the later wri- menced in 1833, and is now in progress.
ters of the Empire apply the term basilicae to all *BASILISCUS (/?aCTi?.f<T/cof), the Basilisk, some-
churches built after the model just described and times called Cockatrice, from the vulgar belief in
;
such were the earliest edifices dedicated to Chris- modern times, that it is produced from the egg of
tian worship, which, with their " Nicander describes
original designation, a cock. it," observes Dr. Ad-
continue to this day, being still called at Rome ba- ams, "as having a small body, about three palms
silicke. A Christian basilica consisted of four prin- long, and of a shining colour. All the ancient au
cipal parts : 1. ITpwaof, the vestibule of entrance. thors speak with horror of the poison of the Basilisk,
2. Nci5f, navis, and sometimes
gremium, the nave which they affirm to be of so deadly a nature as to
or centre aisle, which was divided from the two prove fatal, not
only when introduced into a wound,
side ones by a row of columns on each of its sides. but also when transmitted
through another object.
Here the people assembled for the purposes of wor- Avicenna relates the case of a soldier, who,
having
ship. 3. "Afj.6uv
(from avafiaiveiv, to ascend), cho- transfixed a basilisk with a spear, its venom proved
rus (the choir), and
suggcstum, a part of the lower fatal to him, and also to his horse, whose lip was ac-
extremity of the nave raised above the general level cidentally wounded by it. A
somewhat similar sto-
of the floor by a flight of 1
steps. 4. 'leparelov,
lepbv ry is alluded to by Lucan. Linnaeus, regaiding, of
Pf/fia, sancluarium, which answered to the tribune course, all the stories about the Basilisk as utterly
of the ancient basilica. In the centre of this sanc- fabulous, refers this creature, as mentioned by the
tuary was placed the high altar, under a tabernacle ancients, to the Lacerta Iguana. 1 cannot help think-
or canopy, such as still remains in the Basilica of
ing it very problematical, however, whether the Ig-
St. John of Lateran at
Rome, at which the priest uana be indeed the Basilisk of the ancients. Cal-
officiated with his face turned towards the
people. met supposes the Scriptural basilisk to be the same
Around this altar, and in the wings of the sanctua- with the Cobra di
Capello, but I am not aware of
rium, were seats for the assistant clergy, with an its being found in Africa. The serpent which is
elevated chair foi the bishop at the bottom of the described under the name of Buskah
by Jackson,
circle in the centre. 9 would answer very well in most respects to the
ancient descriptions of the Basilisk." 8
1. (Plin., Ep., vi., 33.) 2. (Tacit., Ann., i., 75.) 3. (Vitruv BASTER'NA, a kind of litter (lectica) in which
U c,) 4. (Vitruv., 1. c.) 5. (Plant., Capt.,
IV., ji.,35.)_e. vjl women were carried in the time of the Roman em-
(
truv.,1. c.) 7. (Plin., 1. c.) 8. (Grat. Act. pro
consulatu.) 9
(Theatr. Basil. Pisan., cura Josep. Marl.
Canon., iii., p. 8. Ci- 1. (Phars., ix., 726.) 2. (Jackson's Account of Morocco
wnp., Vet. Mon., i., ii., e De Sacr. Ed., passim.) 109. Adams, Append ,
a. v.)
142
HATHS. BATHS.
1
peiors. It appears to have resembled the lectica dian, are styled by Statius balnei, and by Martial
LECTICA) very closely and the only difference
(vid. ;
Etrusci thermula. In an epigram, also, by Mar
3 " subice balneum
apparently was, that the lectica was carried by tial, thermis," the terms are not ap-
slaves, and the basterna by two mules. Several plied to the whole building, but tu two different
etymologies of the word have been proposed. Sal- chambers in the same edifice.
masius supposes it to be derived from the Greek Bathing was a practice familiar to the Greeks of
fjaardfa.
1
A description of a basterna is given by both sexes from the earliest times, both in fresh
a poet in the Latin Anthology. 8 water and salt, and in the natural warm springs aa
BATHS. BaAavfiov, Balnearium, Balneum, well as vessels artificially heated. Thus Nausicae,
lineum, Balnea, Balinea, and Thernuz. These words daughter of Alcinous, king of Phaeacia, goes out with
f.re all commonly translated by our general term her attendants to wash her clothes, and, after the
bath or baths ; but in the writings of the earlier task is done, she bathes herself in the river.* Ulys-
and better authors they are used with a nice dis- ses, who is conducted to the same spot, strips and
crimination. Balneum or balineum, which is derived takes a bath, while she and her servants stand
from the Greek /3a/lavetov,' sigrdfies, in its primary aside. 5 Europa also bathes in the river Anaurus.*
sense, a bath or bathing-vessel, such as most per- and Helen and her companions in the Eurotas. 7
sons of any consequence among the Romans pos- Warm springs were also resorted to for the purpose
sessed in their own houses in which sense it is
;
of bathing. The 'Hpdnheia hovrpd shown by Vul-
used by Cicero, 4 balineum calefieri jubebo, and from caa or Minerva to Hercules are celeorated by the
that it came to signify the chamber which con- poets. Pindar speaks of the hot bath of the nymphs
tained the bath 5 (labrum si in balineo non est), which 8
depfia Nvu<j>dv /lovrpu, and Horn* c* celebi^ites one
1
is also the proper translation of the word balncari- of the streams of the Scamandor i<>r its warm tem-
um. The diminutive balneolum is adopted by Sen perature. The artificial warm '^ch was taken in a
eca 6 to designate the bath-room of Scipio, in the vessel called uadpivdof by Horn'.-, "because it dimin-
villa at Liternum, and is expressly used to charac- ished the uncleanliness of the okin, and Ifi6aaif by
terize the unassuming modesty of republican man- Athenaeus. 11 It would appear, from the description
ners, as compared with the luxury of his own times. of the bath administered to Ulysses in the palace o(
But when the baths of private individuals became Circe, that this vessel did not contain water itself,
more sumptuous, and comprised many rooms in- but was only used for the bather to sit in while the
stead of the one small chamber described by Sene- warm water was poured over him, which was heated
ca, the plural balnea or balinea was adopted, which in a large caldron or tripod, under which the fire was
in correct language, had reference only to the
still, placed, and, when sufficiently warmed, was taken
baths of private persons. Thus Cicero terms the out in other vessels, and poured over the head and
baths at the villa of his brother Quintus 7 bainearia. shoulders of the person who sat in the dadpivOof. 1 *
Balnea and balinea, which, according to Varro, 8 Where cleanliness merely was the object sought,
have no singular number, were the public baths. cold bathing was adopted, which was considered as
(Bainea is, however, used in the singular, to desig- most bracing to the nerves 13 but, after violent bod-
;
nate a private bath, in an inscription quoted by Rei- ily fatigue or exertion, warm water was made use
nesius. 9 ) Thus Cicero 10 speaks of balneas Senias, of, in order to refresh the body and relax the over-
balticfls publicas, and in vestibulo ba}ncarum,
11
and tension of the muscles. 1 * Thus the dau.fn.vOog is pre-
Aulus Gellius 18 of balneas Sitias. But this accuracy pared for Peisistratus and Telemachus in the pal-
of diction is neglected by many of the subsequent ace of Menelaus, 15 and is resorted to by Ulysses and
writers, and particularly by the poets, among whom Diomed, when they return with the captured horses
balnea is not uncommonly used in the plural number of Rhesus. 16
to signify the public baths, since the word balnea
"Ef p' daauivdove fiuvree kv^iara^ hovaavro.
could not be introduced in an hexameter verse.
From which passage we also learn that the vessel
Pliny also, in the same sentence, makes use of the was of polished marble, likethe basins (labra) which
neuter plural balnea for public, and of balneum for a
13 have been discovered in the Roman baths. An-
private bath. Therms (from tfep^j?, warmth) mean,
dromache, in the 22d book of the Iliad, prepares- a
properly, warm springs or baths of warm water, but hot bath for Hector against his return from battle
came afterward to be applied to the structures in ;
whereas the latter name was given to those magnifi- thus, in the passage of the Iliad just referred to,
cent edifices which grew up under the Empire, and Ulysses and Diomed both bathe in the sea, and af-
which comprised within their range of buildings all terward refresh themselves with a warm bath (dad-
Hie appurtenances belonging to the Greek gymna- dof) upon returning to their tents. The custom
sia, as well as a regular establishment appropriated of plunging into cold water after the warm bath
for bathing which distinction is noticed by Juve- mentioned by Aristides, 18 who wrote in the second
;
(laser., xi., 115.) 10. (Pro Orel., 25.) 11. (Ib., 26.) 12. (iii., 16 (11., x., 576.) 17. (Od.
(Od., iv.. 48.) viii., 346.) Ik'
\ ; x., 3.) -13. 14. (Sat. -\L 233.)
(Ep., ii., 17.) (Tom. i., Orat. 2, Sacr. Serai., p. 515.)
143
BATHS. BATHS.
as well as men, in order that the skin o as to produce a vapour bath, is stated by Valerl-
ihe women 1
3
s Maximus and by Pliny to have been invented
1
left harsh and rough, especially after
might not be
waim water. 8 Oil (Maiov) is the only ointment y Sergius Orata, who lived in the age of Crassus,
and >efore the Marsic war. The expression used by
mentioned hy Homer as used for this purpose,
had no better ointment Valerius Maximus is balnea pensilia, and by Plinj
Pliny' says that'the Greeks
alincas pensiles, which is differently explained by
at the time of the Trojan war than
oil perfumed
the different commentators but a single glance at the
with herbs. In all the passages quoted above,
;
f
lans inserted below will be sufficient in crder u>
bathers anoint themselves with clear pure *oil (Mv
iAotV) but in the 23d book of the Iliad) Venus .omprehend the manner in which the flooring of the
:hambers was suspended over the hollow cells of
;
with
anoints the body of Hector with oil scented
he hypocaust, called by Vitruvius suspensura col-
roses (khaiy podoevn), and, in the 14th book
of the
" dariorum,* so as to leave no doubt as to the precise
same 5
Juno anoints herself with oil ambro-
poem,
red- neaning of the invention, which is more fully ex-
sial,sweet, and odoriferous" (apfyoaiov, edavbv,
emplified in the following passage of Ausonius
:*
is termed kvudef,
vuucvov) and elsewhere the oil
:
even Nausicae and her companions, in the passage forms him that he had given directions for removing
refeired to above, immediately after they had bathed ihe vapour bath (assa) into the opposite angle of the
and anointed themselves, sat down to eat by the undressing-room (apodyterium), on account of the
7
river's side while waiting for the clothes to dry. lue being placed in an injudicious situation ; and
The Lacedaemonians, who considered warm wa- we learn from the same author that there were
ter as enervating and effeminate, used two kinds of baths at Rome in his time balneas Scnias* which
baths, namely, the cold daily bath in the Eurotas, were open to the public upon payment of a small
8
which Agesilaus also used, and a dry sudorific bath fee. 7
in a chamber heated with warm air by means of a In the earlier ages of Roman history, a mucii
stove 9 and from them the chamber used by the
greater delicacy was observed with respect
;
to pro-
Romans for a similar purpose was termed Lacon- miscuous bathing, even among me men, than was
10
newm. usual among the Greeks for, according to Vah> ;
Thus it seems clear that the Greeks were famil- rius Maximus, 8 it was deemed indecent for a father
iar with the use of the bath, both as a source of to bathe in
company with his own son after he had
health and pleasure, long before it came into gener- attained the
age of puberty, or a son in-law with his
a. practice among the Romans, although they had father-in-law: the same respectful reserve being
to the
B public establishments expressly devoted shown to blood and affinity as was paid to the tem-
purpose of the same magnificence as the Romans ples of the gods, towards whom it was considered
had in which sense the words of Artemidorus" as an act of irreligion even to appear naked in any
;
"
may be understood, when he says, They were of the places consecrated to their worship.' But
unacquainted with the use of baths" (Pahavela OVK virtue passed away as wealth increased and, w.ien ;
The baths were opened at suniise and closed at solute emperor alone, for Martial 7 attacks a certain
sunset but, in the time of Alexander Severus, ii
;
^Emilius for the same practice, which passage, how-
would appear that they were kept open nearly aU ever> is differently interpreted by some commenta-
night for he is stated* to have furnished oil for his
; tors.
own thermae, which previously were not opened be- It was the usual and constant habit of the Ro-
fore daybreak (ante auroram), and were shut before mans to take the bath after exercise, and previous-
sunset (ante vesperum) ; and Juvenal* includes in his ly to their principal meal (ccena) ; but the debauchees
catalogue of female immoralities, that of taking the of the Empire bathed also after eating, as well as
bath at night (balnea node subit), which may, how- befoie, in order to promote digestion, so as to ac-
ever, refer to private baths. quire a new appetite for fresh delicacies. Nero is
The price of a bath was a quadrant, the smallest related to have indulged in this practice, 8 which is
9
piece of coined money from the age of Cicero down- also alluded to by Juvenal.
7
ward, which was paid to the keeper of the bath Upon quitting the bath, it was usual for the Ro-
(balneator) ; and hence it is termed by Cicero, in the mans, as well as Greeks, to be anointed with oil ; to
oration just cited, quadranlaria permutatio, and by which custom both Pompey and Brutus are repre-
8
Seneca, res quadrantaria. Children below a cer- sented by Plutarch as adhering. But a particular
tain age were admitted free. 9 habit of body, or tendency to certain complaints,
" Nee niei ncndum atrz lavantur." sometimes required this order to be reversed ; for
pueri credunt, q~ii
which reason Augustus, who suffered from nervous
Strangers also, and foreignsrs, were admitted to
disorders, was accustomed to anoint himself before
some of the baths, if not to all without, payment, 10
bathing; and a similar practice was adopted by
as we learn from an inscription found at Rome, and
10 Alexander Severus. 11 The most usual practice,
quoted by Pitiscus.
L. OCTAVIO. L. F. CAM. however, seems to have been to take some gentle
exercise (exercilalio) in the first instance, and then,
RUFO. TRIE. MIL.
after bathing, to be anointed either in the sun, or in
QUr LAVATIONEM GRATUITAM MUMCIPIBUS,
the tepid or thermal chamber, and finally to take
INCOLIS
their food.
HOSPITIBUS ET ADVENTORIKUS.
The Romans did not content themselves with a
The baths were closed when any misfortune hap-
11
and Suetonius s^ays that the single bath of hot or cold water, but they went
pened to the Republic j
introduced this practice, 1 which became quite the manners in this one particular, than for any ithm
fashion, in consequence of the benefit which the of the usages connected with their domestic habits
emperor derived from it, though Dion* accuses him Lucian, in the treatise which is inscribed Hippias,
of having artfully caused the death of Marcellus by has given a minute and interesting description of a
an improper application of the same treatment. In set of baths erected by an architect of that name,
other cases it was considered conducive to health which it is to be regretted is much too long for in-
to pour warm waif over the head before the vapour sertion in this place, but which is well worth peru-
s
bath, and cold wate immediately after it and at sal and an excavation made at Pompeii between
; ;
other times a success x>n of warm, tepid, and cold the years 1824, '25, laid open a complete set of pub-
water was resorted to. lic baths (balnea), with many of the chambers, even
The two physicians, Gi^n and Celsus, differ in to the ceilings, in good preservation, and construct-
some respects as to the ori'.er in which the baths ed in all their important parts upon rules very simi-
should be taken the former recommending first the lar to those laid down by Vitruvius.
;
hot air of the Laconicum (uep; dep/tu), next the In order to render the subjoined remarks more
bath of warm water (vdup Qepfj.dv and "Xovrpov), af- easily intelligible, the preceding woodcut is insert-
terward the cold, and, finally, to be well rubbed ;* ed, which is taken from a fresco painting upon the
while the latter recommends his patients first to walls of the thermae of Titus at Rome.
sweat for a short time in the tepid chamber (tepida- The woodcut on the following page represents the
rium) without undressing then to proceed into the ground-plan of the baths of Pompeii, which are near-
;
thermal chamber (calidarium), and, after having gone ly surrounded on three sides by houses and shops,
through a regular course of perspiration there, not thus forming what the Romans termed an insula.
to descend into the warm bath .(solium), but to pour The whole building, which comprises a double
,-.a
quantity of warm water over the head, then te- set of baths, has six different entrances from the
, pid, and finally cold afterward to be scraped with street, one of which, A, gives admission to the
;
the strigil (pcrfricari), and finally rubbed dry and smaller set only, which were appropriated to the
anointed. 5 Such, in all probability, was the usual women, and five others to the male department of ;
'habit of the Romans when the bath was resorted to which two, B and C, communicate directly with the
.as a daily source of pleasure, and not for any par- furnaces, and the other three, D, E, F, with the ba-
. ticular medical treatment the more so, as it re- thing apartments, of which F, the nearest to the
;
sembles, in many respects, the system of bathing Forum, was the principal one ; the other two, and D
still in practice among the Orientals, who, as Sir E, being on opposite sides of the building, served
W. Gell remarks, " succeeded by conquest to the for the convenience of those who lived on the north
luxuries of the enervated Greeks and Romans.'" and east sides of the city. To have a variety of
In the passage quoted above from Galen, it is entrances (efodoif TroAAotf redvpunevov) is one of
plain that the Word hovrpov is used for a warm the qualities enumerated by Lucian necessary to a
1
bath, in which sense it also occurs in the same au- well-constructed set of baths. Passing through the
'
7
'thor. Vitruvius, on the contrary, says that the principal entrance F, which is removed from the
Greeks used the same word to signify a cold bath street by a narrow footway surrounding the insula
(frigida lavatio, quam Grceci %oi>Tpov vocitant). The (the outer curb of which is marked upon the plan
contradiction between the two authors is here point- by the thin line drawn round it), and after descend-
.
ed out, for the purpose of showing the impossibility, ing three steps, the bathei finds upon his left hand
as well as impropriety, of attempting to fix one pre- a small chamber ), which contained a conveni-i
cise meaning to each of the different terms made ence (latrina*), ana proceeds into a covered portico
use of by the ancient writers in reference to their of an open court
(2), which ran roun.i three sides
bathing establishments. atrium (3), and these together formed the vestibule
3
Having thus detailed from classical authorities of the baths vestibulum balncarum, in which the
the .general habits of the Romans in connexion with servants
belonging to the establishment, as well as
their system of bathing, it now remains to examine such of the slaves and attendants of the great and
and explain the internal arrangements of the struc- wealthy whose services were not required in the in-
tures which contained their baths, which will serve terior, waited. There are seats for their accom-
as a practical commentary upon all that has been modation
placed underneath the portico (a, a).
said. Indeed, there are more ample and better ma- This compartment answers exactly to the first,
terials for acquiring a thorough insight into Roman which is described
by Lucian.* Within this court
1. (Plin.^H. N., xxv., 38.) 2. (liii., p. 517.) 3. (Plin.,
H.N., 1. (Hippias, 8.) 2. (Latrina was also used, previously to th
XTviii., 14. Celsus, De Med., i., 3.) 4. (Galen, De Methodo time of Varro, for the bathing-vessel, quasi lavatrina. Varro
fc'edendi, x.^ 10, p. 708, 709, ed. Kiihn.) 5. (Cels., De Med., i., De Ling. Lat., ix., 68, ed. Miiller. Compare LuciL, ap. Non
I ) 6. (Cell's Pompeii, vol. 1, p. 86, ed. 1832.) 7. (v., 11.) Pro 4.
c. 3, n. 131.)3. (Cic., Coel., 26.) (1. c., 5.)
146
BATHS BATHS.
the keeper 01 the baths (balneator), who exacted the from a passage already quoted, that the apodytcnun
quadrans paid by each visiter, was also stationedwas a warm apartment in the baths belonging tc
;
and, accordingly, in it was found the box for holding the villa of Cicero's brother Quintus (assa in alte-
the money. The room (4) which runs back from rum apodyterii angulum promovi), to which tempera-
the portico might have been appropriated to him ;
ture Celsus also assigns it. In the thermae at Rcme,
or, if not, it might have been an (ECUS or exedra, for each of the hot and cold departments had probably
the convenience of the better classes while await- a separate apodyterium attached to it or, if not, the ;
ing the return of their acquaintances from the inte- ground-plan was so arranged that one apodyteriutu
rior, in which case it will correspond with the would be contiguous to, and serve for both or either;
chambers mentioned by Lucian, 1 adjoining to the but where space and means were circumscribed, as
servants' waiting-place (sv apiarepp tie TUV kg rpv- in the Jittle city of Pompeii, it is more reasonable to
fr/v TrapeaKEvaofJiivuv oiKrj/idTuv). In this court like- conclude that the frigidarium served as an apodyte-
wise, as being the most public piace, advertisements rium for those who confined themselves to cold ba-
for the theatre, or other announcements of general thing, and the tepidarium for those who commenced
interest, were posted up, one of which, announcing their ablutions in the warm apartments. The ba-
a gladiatorial show, still remains. (5) Is the corri- thers were expected to take off their garments in
dor which conducts from the entrance E into the the apodyterium, it not being permitted to enter into
same vestibule. (6) A small cell of similar use as the interior unless naked. 1 They were then deliv-
the. corresponding one in the opposite corridor (1). ered to a class of slaves called capsarii (from capsa,
(7) A passage of communication which leads into the small case in which children carried their books
the chamber (8), the frigidarium, which also served to school), whose duty it was to take charge of them.
as an apodyterium or spoliatorium, a room for un- These men were notorious for dishonesty, and lea-
dressing and which is also accessible from the gued with all the thieves of the city, so that they
;
street by the door D, through the corridor (9), in connived at the robberies they were placed ther to
"
which a small niche is observable, which probably prevent. Hence the expression of Catullus, Ofu-
served for the station of another balncator, who col- rum optume balneariorum /" 2 and Trachilo, in the Ru-
3
lected the money from those entering from the north dens of Plautus, complains bitterly of their rogue-
street. Here, then, is the centre in which all the ry, which, in the capital, was carried to such an ex-
persons must have met before entering into the in- cess that very severe laws were enacted against
terior of the baths and its locality, as well as oth- them, the crime of stealing in the baths being made
;
infrr 'hat it belonged to the frigidarium in the baths Pompeii, where a robbery committed in the baths
ol Tppias.* "After quitting the last apartment, could scarcely escape detection, there would be no
thero is a sufficient number of chambers for the necessity for capsarii to take charge of them. It
baiters to undress, in the centre of which is an was lighted by a window closed with glass, and or-
ws, containing three baths of cold water." Pliny namented with stucco mouldings and painted yel-
. lie younger says that the apodyterium at one of his low. A section and drawing of this interior is giv
own villas adjoined the frigidarium, 3 and it is plain,
1. (Cic., Pro Ccel., 26.)- 2. (Carm., xxxiii., 1 ) 3- (II.,m"-
(1 c . 5.) 2. (1. (Ep., v., 6.) 51.)-4. (Vitruv., v., 10.)
147
BATHS. BATHS.
en in Sir W. Cell's Pompeii. There are no less In the cold bath of Pompeii tie water ran into th
of bronze, and was canied
than six doors to this chamber one led to the en- basiu through a spout
;
small room (11), a fourth to the furnaces, a fifth to was also furnished with a waste-pipe under the
the tepid apaitment, and the sixth opened upon the margin to prevent it from running over. No. 11 is
cold bath (10), named indifferently by the ancient a small chamber on the side opposite to thefrigida~
authors, natatio, natatorium, piscina, baptisterium, rium, which might have served for sha\ ing (tonstn-
1
puteus, hovrpov. The word baptisterium is not a na), or for keeping unguents or strigiles ; and from
bath sufficiently large to immerse the whole body, the centre of the side of the frigidarium, the bather,
but a vessel or labrum, containing cold water for who intended to go through the process of warm
which is coat- bathing and sudation, entered into (12) the tcpiaa*
pouring over the head." The bath,
ed with white marble, is 12 feet 10 inches in diam- rium.
eter, and about three feet deep,
and has two marble This chamber did not contain water either at
into it, and a seat sur- Pompeii or at the baths of Hippias, but was merely
steps to facilitate the descent
the bot- heated with warm air of an agreeable temperature^
rounding it at the depth of 10 inches from
tom, for the purpose of enabling the bathers
to sit in order to prepare the body for the great heat cf
down and wash themselves. The ample size of the vapour and warm baths ; and, upon returning,
this basin explains to us what Cicero meant when to obviate the danger of a too sudden transition to
he wrote, " Latiorem piscinam voluissem, ubi jactata the open air. In this respect it resembles exactly
brachia non o/enderentur." It is probable that many the tepid chamber described by Lucian, which he
1
contented themselves with the cold bath says was of a moderate and not oppressive heat,
persons
only, instead of going through the severe
course of adjoining to which he places a room for anointing
perspiration in the warm apartments
and as the (oiKOf dfatyaadai irpoGTjvuf Trapexofisvoe).
;
that at one period cold baths were in such request evidently adapted, the walls being divided into a
3
that scarcely any others were used. There is a number of separate compartments or recesses for
platform or ambulatory (schola*) round the bath, receiving the garments when taken off, by a series
also of marble, and four niches of the same material of figures of the kind called Atlantes or Telamones,
disposed at regular intervals round the walls, with which project from the walls, and support a rich
pedestals, for statues probably, placed in them cornice above them.
; One of these divisions, with
according to Sir W. Cell, with seats, which he the Telamones, is represented in the article ATLAN-
6
interprets schola, for the accommodation of persons TES. Two bronze benches were also found in the
waiting an opportunity to bathe ; but a passage of room, which was heated as well by its contiguity
Vitruvius,* hereafter quoted, seems to contradict to the hypocaust of the adjoining chamber, as by a
this use of the term and seats were placed in the brazier of bronze (foculus), in which the chaicoal
:
fngidarium adjoining, for the express purpose of ac- ashes were still remaining when the excavation
commodating those who were obliged to wait for was made. A representation of it is given in tha
their turn. The ceiling is vaulted, and the cham- annexed woodcut. Its whole length was seven
ber lighted by a window in the centre. The an- feet, and its breadth two feet six inches.
nexed woodcut represents a frigidarium, with its
cove, and the two doors on each side opened into indulged in the greatest extravagance with regard
small chambers, which probably served as to their perfumes and unguents. These they ei-
apodyte-
ria. It is still to be seen in the ther procured from the elaolhcsiiiin of the baths, o;
gardens of the Vil-
la Caposeli, at Mola di Gaeta, the site of the ancient
brought with them in small glass bottles (ampulla
Formiae.
oleari<z\ hundreds of which have been discovered
1.
in different excavations made in various parts of
(Plin., Ep., v., 6.) 2. (Compare also Plin., Ep.,
xvii., 2.)
3. (Cell's Pompeii, 1. c.) 4. (Vitruv., v. 10.) 5. (1. c.) 6
(v. ia> 7. (puteus : Plin.,
Ep., v., 6.) 1. (1. c., 6.) 2. (I.e.) 3. (Er ,i, 17.)
148
BATHS BATHS.
From this apartment, a door, which closed by its derneath the window, in such a position that the
own weight, to prevent the admission of cold air, persons who stand around may not cast their shad-
opened into No. 13, the thermal chamber, or con- ows upon it. The platform which surrounds thf
camerata sudatio of Vitruvius ;* and which, in exact bath (schola labrorum) must be sufficiently spacious
conformity with his directions, contains the warm to allow the surrounding observers, who a/e wait-
bath balneum, or calda lavatio,* at one of its ex- ing for their turn, to stand there without crowd-
tremities, and the semicircular vapour, or Laconi- ing each other. The width of the passage or chan-
cum, at the other while the centre space between
;
nel (alveus), which lies between the parapet (plu-
the two ends, termed sudatio by Vitruvius, 6 and su- teus) and the wall, should not be less than six feet,
datorium by Seneca, is exactly twice the length of so that the space occupied by the seat and its step
its width, according to the directions of Vitruvius. below (pulvinus et gradus inferior) may take off
The object in leaving so much space between the just two feet from the whole width." The sub-
warm bath and the Laconicum was to give room for joined plans, given by Marini, will explain his
the gymnastic exercises of the persons within the meaning.
chamber, who were accustomed to promote a full
rtow of perspiration by rapid movements of the arms
and legs, or by lifting weights which practice ;
is
alluded to by Juvenal 7 :
"
Magno gaudet sudare tumultu, >nrH
-I3^
Quum lassata gram ceciderunt brachia massa."
In larger establishments, the conveniences contain-
ed in this apartment occupied two separate cells,
one of which was appropriated to the warm bath,
which apartment was then termed caldarium, cella
caldaria, or balneum, and the other which comprised
the Laconicum and sudatory Laconicum sudatio-
nesquef which part alone was then designated un-
der the name of concamerata sudatio. This distribu-
tion is represented in the painting on the walls of
the Thermae of Titus ; in which there is also anoth-
er peculiarity to be observed, viz., the passage of B D D E
communication (intercapedo) between the two cham-
bers, the flooring of which is suspended over the
hypocaust. Lucian informs us of the use for which
this compartment was intended, where he mentions
as one of the characteristic conveniences in the
baths of Hippias, that the bathers need not retrace
their steps through the whole suite of apartments by
which they had entered, but might return from the A, labrum, or bath B, schola, or platform C, plu- ; ;
thermal chamber by a shorter circuit through a teus, or parapet; D, alveus, passage between t.he
room of gentle temperature (di^ps^a tfep/zou oiK^ua- pluteus and wall F, pulvinus, or seat and E, the ; ;
roc ), which communicated immediately with the lower step (gradus inferior), which together take up
9
frigidarium.
two feet.
The warm-water bath, which is termed calda la- The warm bath at Pompeii is a square basin of
vatio by Vitruvius, 10 balineum by Cicero, 11
piscina or
marble, and is ascended from the outside by two
califa piscina by Pliny 18 and Suetonius, 13 as well as steps raised from the floor, which answered to the
labrum1 * and solium by Cicero, 14 appears to have parapet or pluteus of Vitruvius. Around ran a nar-
been a capacious marble vase, sometimes standing row platform (schola); but which, in consequence of
upon the floor, like that in the picture from the the limited extent of the building, would not admit
Therms of Titus and sometimes either partly ele- of a seat (pulvinus) all round it. On the interior,
;
vated above the floor, as it was at Pompeii, or en- another step, dividing equally the whole length of
tirely sunk into it, as directed by Vitruvius.
16
The the cistern, allowed the bathers to sit down and
term labrum is generally used of a bath containing wash themselves. The annexed section will reu
warm water, and piscina of one which contains der this easily intelligible.
cold but the real distinction seems to be that the
;
A, labrum ; B, schola ; C, pluteus ; D, the step on
la,tter was larger than the former, as in the words the inside, probably called solium, which word is
"
of Cicero already quoted, latiorem piscinam voluis- sometimes apparently used to express the bath
itself; and Cicero certainly makes use of the term
6
because it produced perspiration by means of a dry, within the general section for in none of the nu- ;
merly known among the legions, rubbing his back, immediately over the furnace and, as the water;
13 the cattle do, against the marble walls of the was drawn out from thence, it was supplied from
chamber, asked him why he converted the wall into the next, the tepidarium, which was already con-
a strigil and learning that he was too poor to keep
; siderably heated, from its contiguity to the furnace
a slave, he gave him one, and money for his main- and the hypocaust below it, so that it supplied the
tenance. On the following day, upon his return to deficiency of the former without materially dimin-
the bath, he found a whole row of old men rubbing ishing its temperature and the vacuum in this last
;
themselves in the same manner against the wall, in was again filled up from the farthest removed, which
the hope of experiencing the same good fortune contained the cold water received directly from the
from the prince's liberality but, instead of taking
; square reservoir seen behind them a principle ;
the hint, he had them all called up, and told them which has at length been introduced into the mod
to scrub one another. ern bathing establishments, where its efficacy, both
The strigil was by no means a blunt instrument ;
in saving time and expense, is fully acknowledged.
consequently, its edge was softened by the applica- The boilers themselves no longer remain, but the
tion of oil, which was dropped upon it from a small impressions which they have left in the mortar in
vessel called guttus (called also ampulla, hrjicvBoc., pv- which they were imbedded are clearly visible, and
podrJKiov, haio<t>6pov*. Via. AMPULLA.) This had enable us to ascertain their respective positions and
a narrow neck, so as to discharge its contents drop dimensions, the first of which, the caldarium- is rep-
by drop, from whence the name is taken. A rep- resented in the annexed cut.
resentation of a guttus is given in the preceding
woodcut. Augustus is related to have suffered
from an over-violent use of this instrument.* In-
valids and persons of a delicate habit made use of
sponges, which Pliny says answered for towels as
well as strigils. They were finally dried with tow-
els (lintea),and anointed. 6
The common people were supplied with these
necessaries in the baths, but the more wealthy car-
ried their own with them, as we infer from Persius :'
"
/, puer, et strigiles Crispini ad balnea defer."
Luc.an 7 adds also soap and towels to the list.
After the operation of scraping and rubbing dry,
they retired into, or remained in, the tepidarium until
they thought it prudent to encounte/ the open air.
But it does not appear to have been customary to
bathe in the water, when there was any, which was
Behind the coppers there is another corridor (lb),
not the case at Pompeii, n-or in the baths of Hippi-
8 leading into the court or atrium (17) appropriated to
as, either of the tepidarium or frigidarium ; the
the servants of the bath, and which has also the
temperature only of the atmosphere in these two convenience of an immediate communication with
chambers being of consequence to break the sudden the street by the door at C.
change from the extreme of hot to cold. We now proceed to the adjoining set of baths,
Returning now back into the frigidarium (8), which were assigned to the women. The entrance
9
which, according to the directions of Vitruvius, is by the door A, which conducts into a small ves-
has a passage (14) communicating with the mouth
tibule (18), and thence into the apodyterium (19),
of the furnace (c), which is also seen in the next
which, like the one in the men's baths, has a seat
woodcut under the boilers, called prcefurnium, prop-
10 (pulvinus et gradus) on either side built up against
nigeum, TpoTnnyetov (from Trpo, before, and nvi-yevf, the wall. This opens upon a cold bath (20) an-
a furnace), and passing down that passage, we reach
swering to the nalatio of the other set, but of n.acli
the chamber (15) into which the prafurnium pro-
smaller dimension, and probably similar to the one
jects, and which has also an entrance from the denominated by Pliny 1 puteus. There are four
street at B. It was appropriated to the use of those
steps on the inside to descend into it. Opposite to
who had charge of the fires (fornacatores). There the door of entrance into the apodyterium is another
are two staircases in it one of which leads to the
;
Tt does not enter within the scope of this article and in confirmation of this opinion, it may be re-
to investigate the source from whence, or the man- marked, that the old establishments, which were
nc.r in which, the water was supplied to the baths of probably erected by private enterprise,' were term-
Pompeii. But it may be remarked that the sugges- ed meritoricK* Most, if not all, of the other regula-
tion of Mazois, who wrote just after the excavation tions previously detailed as relating to the economy
was commenced, and which has been copied from of the baths, apply equally to the thermae but it is :
him by the editor of the volumes on Pompeii pub- to these establishments especially that the dissolute
lished by the Society for the Diffusion of Useful conduct of the emperors, and other luxurious in-
Knowledge, was not confirmed by the excavation ; dulgences of the people in general, detailed in the
and those who are interested in the matter may compositions of the satirists and later writers, must
consult the fourth appendix to the Plan de Pompeii, be considered to refer.
by the Abbate lorio. Although considerable remains of the Roman
Notwithstanding the ample account which has thermae are still visible, yet, from the very ruinous
been given of the plans and usages respecting baths state in which they are found, we are far from be-
in general, something yet remains to be said about ing able to arrive at the same accurate knowledge
that particular class denominated Thermae of which ;
of their component parts, and the usages to which
establishments the baths, in fact, constituted the they were applied, as has been done with respect to
smallest part. The thermse, properly speaking, were .the balnea ; or, indeed, to discover a satisfactory
a Roman adaptation of the Greek gymnasium, or mode of reconciling their constructive details witt
palaestra (vid. PALJESTRA), as described by Vitruvi- the description which Vitruvius has left of the baths
us ; a both of which contained a system of baths in appertaining to a Greek palaestra, or the description
conjunction with conveniences for athletic games given by Lucian of the baths of Hippias. All, in-
and youthful sports, exedrae in which the rhetori- deed, is doubt and guess-work each of the learned ;
cians declaimed, poets recited, and philosophers lec- men who have pretended to give an account of their
tured, as well as porticoes and vestibules for the contents differing in almost all the essential partic-
idle, and libraries for the learned. They were dec- ulars from one another. Ana yet the great simi-
orated with the.finest objects of art, both in paint- larity in the ground-plan of the three which still re-
ing and sculpture, covered with precious marbles, main cannot fail to strike even a superficial observ-
and adorned with fountains and shaded walks and er; so great, indeed, that it is impossible not to
plantations, like the groves of the Academy. It perceive at once that they were all constructed
may be said that they began and ended with the upon a similar plan. Not, however, to dismiss the
Empire, for it was not until the time of Augustus subject without enabling our readers to form some-
that these magnificent structures were commenced. thing like a general idea of thetee enormous edifices,
M. Agrippa is the first who afforded these luxuries which, from their extent and magnificence, have
to his countrymen, by bequeathing to them the ther- been likened to provinces (in modum provinciarum
mae and gardens which he had erected in the Cam- exstructa*), a ground-plan of the Thermae of Cara-
pus Martius.
3
The Pantheon, now existing at calla is annexed, which are the best preserved
Rome, served originally as a vestibule to these among those remaining, and which were, perhaps,
baths and, as it was considered too magnificent more splendid than all the rest. Those apartments,
;
for the purpose, it is supposed that Agrippa added of which the use is ascertained with the appearance
the portico and consecrated it as a temple, for which of probability, will be alone marked and explained.
use it still serves. It appears from a passage in The dark parts represent the remains still visible,
Sidonius Apollinaris,* that the whole of these build- the open lines are restorations.
ings, together with the adjacent Thermae Neronia- A, Portico fronting the street made by Caracalla
nae, remained entire in the year A.D. 466. Little is when he constructed his thermae. B, Separate ba-
now left beyond a few fragments of ruins, and the thing-rooms, either for the use of the common peo-
Pantheon. The example set by Agrippa was fol- ple, or, perhaps, for any persons who did not wish
lowed by Nero, and afterward by Titus the ruins to bathe in public. C, Apodyteria attached to them.
;
of whose thermae are still visible, covering a vast D, D, and E, E, the porticoes.' F, F, Exedra, in
extent, partly under ground and partly above the which there were seats for the philosophers to hold
Esquiline Hill. Thermae were also erected by Tra- their conversations.' G, Hypaethrae, passages open
jan, Caracalla, and Diocletian, of the last two of to the air HypczthrcR arribulationes quas Graeci TTC- :
which ample remains still exist and even as late ; po/itfaf, nostri xystos appellant.
8
H, H, Stadia in
us Constantine, besides several which were con- the palsestra quadrata sive oblonga* I, I, Possibly
structed by private individuals, P. Victor enumer- schools or academies where public lectures wore
ates sixteen, and Panvinus* has added four more. delivered. J, J, and K, K, Rooms appropriated to
Previously to the erection of these establish- the servants of the baths (balneatorcs). In the lat-
ments for the use of the population, it was custom- ter are staircases for ascending to the principal res-
ary for those who sought the favour of the people ervoir. L, Space occupied by walks and shrjbber-
to give them a day's bathing free of expense. Thus, ies ambulationes inter plat.anones. 10 M, The arena
according to Dion Cassius,' Faustus, the son of or stadium in which the youth performed their ex-
Sulla, furnished warm baths and oil gratis to the 1. 2. 8
(Id., liv., p. 755.) (Id., xlix., p. 600.) (Comparn
Plin., H. N., ix., 79.) 4. (Plin., Ep., ii., 17.) 5. (Amm. Mar-
1. (Vitr., v., 10.)-2. (v., 11.) 3. (Dion, ]iv., torn, i., p. 759. cell., xvi., 6.) 6. (Vitruv., v., 11.) 7. (Vitruv , . c. Cic., D
Plin., If. N., xxxvi., 64). 4. (Carm. xxiii.,495.; 5. (Urb Rom. 'Vi
Orat., ii., 5.,i 8. \'Vitrr', 1. c.) 9. (Vitruv .
.. o.)- 10
Ofimpt., p. 106.) 6. (xxxvii., p. 143.)
truv., 1. c.)
152
BATHS BATHS.
1
frcises, with seats for the spectators, called the like that also of the preceding apartment, is sup-
theatridium. N, N, Reservoirs, with upper stories, ported by eight immense columns.
sectional elevations of which are given in the two The apartments beyond this, which are too IP jch
subsequent woodcuts. 0, Aquaeduct which sup- dilapidated to be restored with any degree of cer-
plied the baths. P, The cistern or piscina. This tainty, contained, of course, the laconicum ai.d su-
external range of buildings occupies one mile in datories, for which the round chamber W, a: id its
circuit. appurtenances seem to be adapted, and which are
We now come to the arrangement of the interior, also contiguous to the reservoirs, Z, Z.
1
menials. T is considered to be the tepidarium, indicate the fact. They have been mentioned and
with four warm baths (u, u, u, u) taken out of its eulogized by several of the Latin authors.'
It will be observed that there is no part of the
four angles, and two labra on its two flanks. There
are steps for descending into the baths, in one of bathing department separated from the rest which
could be
assigned for the use of the women exclu-
which traces of the conduit are still manifest. Thus
sively. From this it must be inferred either that
it would appear that the centre of this
part apart- both sexes
ment served as ~ *e.pidarium, having a balneum or always bathed together promiscuously
calda lavatio in foiu .if its corners. The centre part, 1. (Vitruv., v., 11.) 2. (Mart., Ep., xiv., 163.) 3. (Hesych.,
s. v.) 4. (Aulis, De Gymn. Const., p. 9. Antill , ap. Oriha*..
Coll. Med., 6.) 5. (Vitvuv., v., 11.) 6. (Spartan., Caracall.,
1. (Vitruv., 1. c.) 2. (Ovid, M?t., ix., 35. Vid. etiam Sal- c. 9. Lamprid., Helio<rab., c. 17. Alex. Sov., c. 25. Eutrop.,
mas., ad Tertull., Pall., p. 217 -Me :urial., De Arte Gymn..i.,8.) iii., 11. Olymp., ap. Phot., p. 114, ed. Aug. Vir.dcl., 1601 )
1*3
UATILLUS. BAXA,
m the thermal, or that the women were exclude! *BATIS (Paric), a species of fish. It is th*
and only ad- Raia balls, L. called in French Coliart, in
altogether from these establishments, ;
English
mitted to the balnea. the Flair or Skate. 1
It remains to explain the manner in which the *BATOS (/Jaroc), a plant or shrub, the species of
4
immense hody of water required for the supply of which, as described by Theophrastus, are thus
a set of baths in the therms was heated, which has arranged by Stackhouse The first, or bpOoQvfc, is
:
been performed very satisfactorily by Piranesi and the Rubus fruticosus, or Common Bramble. The
C imeron, as may be seen by a reference to the two second, or ^a/zaifiarof, is the R. Chanuzmorus, or
subjoined sections of the castellum aquaductus and Cloud-berry (called in Scotland the Avron ). The
oiscina belonging to the Thermae of Caracalla. third, or Kwoadarof, is the R. idaus, or Raspberry.
Sprengel agrees with almost all the authorities, that
the /?drof, properly speaking, of Dioscorides and
Galen, is the Rubus fruticosus ; and the idaia, the
Rubus idceus. It may be proper to remark, that by
the poets, /3arof is often applied to any thorny
shrub. Thus, in the following epigram, it is applied
to the stem of the rose :
arranged in two rows over the hypocaust, sixteen longer claws, and a glutinous matter at its feet,
on each side, and all communicating with each with which it attaches itself with great facility to
other ;
and over these a similar number similarly any substance that comes in its way. It lives
arranged, which communicated with those below chiefly on trees, and jumps with surprising agility
by the aperture at D. The parting walls between from branch to branch. Its colour is so nearly
these cells were likewise perforated with flues, identified with that of the leaves, that it is very
which served to disseminate the heat all round the difficult to distinguish the one from the other. Its
whole body of water. When the water was suffi- eyes are of a most beautiful vivacity, and it is so
ciently warm, it was turned on to the baths through extremely cold that, when held in the hand, it pro-
pipes conducted likewise through flues in order to duces a chilly sensation like a piece of ice. Its
prevent the loss of temperature during the passage, song is surprisingly loud and shrill, and in hot days
and the vacuum was supplied by tepid water from almost as incessant and tiresome as that of the tet-
the range above, which was replenished from the tix. These animals are more common in Leucadia
piscina; exactly upon the principle represented in than in other parts of Greece.*
the drawing from the Thermae of Titus, II. A species offish, called in English the Toad-
ingeniously
applied upon a much larger scale. fish, Frog-fish, and Sea-devil. It is the Lophius
BATIL'LUS (aw), a shovel. Pliny mentions piscatorius, L. in French, Bandroie ; in Italian, ;
in some countries which abound in pools and canals. 5 thol. Grsec., dfocTr., 39.) 4. (Dioscor., ii., 206. Bauhm, Pinax,
v., 3. Martyn, ad Virg., Eclog., vii., 41. Adams, Append., a.
v.) 5. (Dodwell's Tour, vol. ii., p. 44, 45.) 6. (Aristot., H. A-
1. (Plin., H. N., xxxiii., 44 ; xxxiv., 26.) 2. (Sat., I., v., 36.) ix., 37. ^lian, N. A.- ix., 24; xiii., 1. Ovid, Hal., 188.-
3. (I)e Re Rust , iii., 6.) 4. (Xen., Cyrop., vi., 2. Brunck, Plin., H. N., ix., 24 ; xiv., 10 Cic., Nat. Deor., ii., 49 )-7.
Anal., ii., p. 53. Geoponica, ii., 22.) 5. (Juv., xiv.. 305.) (Orig., six., 33.)
154
BDELLIUM. BliBAlOSEOS DIKE.
tion.
1
The cause is classed by Meier* among the we see from inscriptions in Gruter, 1 in some of
Mnai irpoc. riva, or civil actions that fell within the which the beneficiarius is represented by the two
letters B. F. In this sense we must understand
cognizance of the thesmothetae. 2
*BEL'ONE (peMvn), the Gar-fish or Horn-fish, the passage of Caesar when he speaks of the mag-
It is called Durio in Athenaeus no, beneficia and the magna clienteles of Pompey in
the Esox Belone, L. ;
and Acus sine Belone by Pliny,* who elsewhere says, sar 3 to express the person who had received a
" Belone The Belone gets beneficium. It does not, however, appear from
qui aculeati vocantur."'
its name from its long and slender shape,
like a these passages what the beneficium actually was.
" needle." The bones of this fish are remarkable It might be any kind of honour, or special exemp
for their colour, which is a beautiful green, not tion from service.*
or the spinal marrow, Beneficiarius is opposed by Festus* to mumfex,
arising either from cooking
as some have believed. There is a long disserta- in the sense of one who is released from military
tion on this fish in the Addenda to Schneider's edi- service, as opposed to one who is bound to do mil-
tion of ^Elian, and in Gesner, De Aquatilibus." 1
itary service.
*BECHION. -(Vid. BHX1ON.) It appears that grants of land and other things
*BEMA(/%a). (Vid. ECCLESIA.) made by the Roman emperors were called beneficia,
BENDIDEI'A (fievdideHi), a Thracian festival in and were entered in a book called Liber Benefici-
honour of the goddess BevJi?, who is said to be orum* The secretary or clerk who kept this book
identical with the Grecian Artemis and with the
8 was called a commentariis bcnefaiorum, as appears
Roman Diana. The festival was of a bacchanalian from an inscription in Gruter. 7
character. 9 From Thrace it was brought to Athens, *BER'BERI (Ptpdepi), according to Rondelet, the
where it was celebrated in the Peiraus, according Concha margaritifera, or Mother of Pearl, meaning,
to the scholiast on Plato,
10
on the nineteenth, or, as Adams supposes, the Avicula margaritifera of later
naturalists. 8 Eustathius makes it an Indian name.
according to Aristoteles Rhodius and others, ol
appears to be connected in some way with the
11
vnonvnpaTiaTai, referred to by Proclus, on the It
twentieth, of the month Thargelion, before the Pan- commerce of the Eastern region, or seacoast, term-
13
athenaea Minora. 18 Herodotus says that he knows ed Barbaria. 9
that the Thracian and Pseonian women, when they *BERRIKOK'KA (/SepiKOKKa), a synonyme of the
sacrifice to the royal Artemis, never offer the vic- Malum Armeniacum, or Apricot.
tims without a wheat-stalk (UVEV nvpuv /caAa/^f). *BERYLLUS the Beryl, a precious
(firipvMoc.),
This was probably at the Bevdideia. The Temple stone, forming a sub-species of emerald. The Ro-
of BeyJ/c was called Bevdifieiov. 1 * mans would appear to have been in the habit of
BENEFrCIUM ABSTINENDI. (Vid. HERES.) studding their cups with beryls, and hence Juvenal
1*
BENEFI'CIUM, BENEFICIA'RIUS. The word says, "ct incequales beryllo Vitro tenet phialas."
beneficium is equivalent to feudum or fief in the The affinity between the beryl and the emerald was
writers on the feudal law, and is an interest in land, not unknown to the ancients, and hence Pliny re-
"
or things inseparable from the land, or things im- marks, Beryls appear to many to have the same,
11
movable. 18 The beneficiarius is he who has a bene- or, at least, a like nature with emeralds." Ac-
ficium. The term benefice is also applied to an cording to this writer, they came from India, anc
ecclesiastical preferment. 16 were rarely found in other countries. At the pres-
The term beneficium is of frequent occurrence in ent day, however, the finest beryls are obtained
the Roman law, in the sense of some special privi- from Dauria, on the frontiers of China. They occur,
lege or favour granted to a person in respect of age, also, in the Uralian Mountains, and other parts of
sex, or condition. But the word was also used in Siberia, in France, Saxony, the United States, and
19
other senses, and the meaning of the term, as it Brazil, especially the latter. The normal type of
appears in the feudal law, is clearly derivable from the Beryl, as of the emerald, is the hexaedral prism,
the signification of the term among the Romans of more or less modified the pointing, however, is ;
the later republican and earlier imperial times. In not always complete. 13 Pliny seems to regard this
the time of Cicero, it was usual for a general or a crystalline form of the stone as the result of the
governor of a province to report to the treasury lapidary's art he adds, however, that some sup-
;
the names of those under his command who had pose the Beryl to be naturally of that shape. The
done good service to the state those who were
: same writer enumerates eight different kinds " The :
included in such report were said in benejiciis ad best were those of a pure sea-green, our aqua ma-
rina, or, as the French term it, Berii aigue-marine.
17
lErarium deferri. In benejiciis in these passages may
mean that the persons so reported were considered The next in esteem were called Chrysoberyls, and
as persons who had deserved well of the state, and are somewhat vaguely described as paullo pallidi- '
so the word beneficium may have reference to the ores, sed in aureum color em exeunte fulgore.' This
services of the individuals but as the object for
;
was probably the yellow emerald, such as occurs in
which their services were reported was the benefit Auvergne, or at Haddam in Connecticut. The third
of the individuals, it seems that the term had refer- was called Chrysoprase, and would seem to ijave
ence also to the reward, immediate or remote, been, in fact, as Pliny says some considered it, a
obtained for their services. The honours and offi- mineral proprii generis, different from the Beryi It
ces of the Roman state, in the republican period, resembled in colour the juice of he leak, but with 1
were called the beneficia of the Populus Romanus. somewhat of a golden tinge, and hence its name.
Beneficium also signified any promotion conferred Although we are uncertain as to the mineral here
on, or grant made to soldiers, who were thence described, yet it is not improbable that it was the
same now called Chrysoprase, and to which Lei
1. (Pollux, Onom , viii., 6.) 2. (Alt. Process, 526.) 3. (N.
A., ., 60.) 4. (Hal., i.) 5. (H. N., ix., 51.) 6. (H. N., 1. (Ii., 4 ; cxxx., 5.)2. (Bell. Civ., ii., 18.) 3. (Bell. Civ
xixii., 11.) 7. (Adams, Append., s.v.) 8. (Hesych., s. v. Bfi> 75.) 4. (Bell. Civ., iii., 88. Suet., Tib., 12.) 5. (s. v.) 6.
i.,
iiy.) 8. (Strabo, x., p. 470, d.) 10. (Repub., i., p. 354, s. 24,
(Hyginus, De
Limitibus Constit., p. 193, Goes.) 7. (DLXXVIII.,
td. Bekk.) 11. (Comm. in Plat., Tim., lib. i.) 12. (Clinton, F. 1.) 8. (Casaubon in Athen., p. 177. Adams, Append., s. v.)
H., p. 333, 334.) 13. (iv., 33, sub fin.) 14. (Xen., Hellen., ii., 9. (Athensus, iii., p. 93, B. Eustath. in II., 9, 402, p. 759, 50.
*, $11. Liv., xxxTiii., 41.) 15. (Feud., lib. ii., tit 1.) 16. Vincent's Anc. Commerce, vol. ii., p. 123.) 10. (Sat.,T., 38.)
(Ducanje, Gloss.) 17. (Cic., Pro Arch, c. 5. Ep. ad Fam, v., 11. (H. N., xxxvii., 20.) 12. (Cleavcland's Minp.i-abgy, voi.
>) i., p. 343.)- -13. (Fee in Plin., 1. c.)
156
BETTONICA. BIBASIS.
arms, or they were criminals, who were usually *BH'XION (Pfaiov), a plant, which Woodville,
permitted to have no means of defence against the Sprengel, Dierbach, and nearly all the commenta-
wild beasts.' The bestiarii, who fought with the tors agree is the Tussilago farfara, or Colt's-foot.
beasts for the sake of pay, and of whom there were Galen says it derived its name from its being be
great numbers in the latter days of the Republic lieved to possess the property of aiding coughs and
and under the Empire, are always spoken of as dis- difficulty of breathing (/3j? -TIX^, being the Greek
tinct from the gladiators, who fought with one an- term for a cough 3 ). A patent medicine, prepared
It appears that there were schools in Rome,
other.* from the Colt's-foot, is,according to Adams, much
in which persons were trained to fight with wild cried up in England at the present day as a cure
beasts (schola bestiarum or bestiariorum*). for coughs. 3
*BETA (revrAof, -ov, -tov, -tf, or OEVT^OV), the BIAI'QN AIKH (fiiaiuv SIKTJ). This action might
Beet, or Beta vulgaris. The Greeks distinguished be brought whenever rapes of free persons, or the
two kinds of this vegetable by means of their col- illegal and forcible seizure of property of any kind,
our, namely, the Black and the White Beet, the lat- were the subject of accusation and we learn from
;
ter of which was also called the Sicilian. The Demosthenes* that it came under the jurisdiction oi
white was preferred to the other. The Romans the Forty. According to Plutarch,* the law prescri-
had also tvo kin/Is, in name at least, the vernal and bed that ravishers should pay a fine of 100 drachmae ;
autumnal, taking their names from the periods when but other accounts merely state generally that the
they were sown. The largest beets were procured convict was mulcted in a sum equal to twice that
around Circeii.' at which the damages were laid (diir^.rjv rqv fttidfrqv
*BETTON'ICA and BRETTAN'ICA (^TTOVIKT, ifoiv 6 ) and the plaintiff in such case received
;
and PpeTTavtKJj), a species of plant, commonly called one half of the fine, and the state, as & party medi-
" the " It is almost
Betony." incredible," observes ately injured, the other. To reconcile these ac-
"
Adams, how much of confusion and mistake has counts, Meier 7 supposes the rape to have been
arisen about these terms. With respect to the stimated by law at 100 drachmas, and that the
Betonica of Paul of ^Egina, the most probable opin- fixed the damages in reference to other in-
plaintiff
ion ia that held by Bauhin, namely, that it was ei- juries simultaneous with, or consequent upon, the
ther the Veronica qfficinalis, common male Speed- perpetration of the main offence. With respect to
well, or the V. serpyllifolia, or smooth Speedwell. In aggressions upon property, the action piaiuv is to
Miller's Gardener's Dictionary, the former of these, distinguished from efoiU^f, in that the former
and in the Northern Flora of Dr. Murray, the latter, implies the employment of actual violence, the lat-
gets the additional name of Paul's Betony.' The ;er merely such detention of property as amounted
'
9
PETTOVIKJ), which was merely a synonyme of the to violence in the contemplation of law, as, for in-
Kearpov, was most probably either the Betonica offi- itance, the non-payment of damages and the like,
cinalis, or, as Sprengel rather thinks, the B. alopec- to the successful litigant after an award in his fa-
uros. We now come to the EperraviK^ of Dioscor- vour by a court of justice. 9
ides. This he describes as resembling wild Dock BIB'ASIS (ftiGaaic.) was a kind of gymnastic
(%and6(i> uypiu), but having a larger and rougher dance, much practised among the Spartans, by both
leaf. He ascribes to it, also, a styptic power, which men and women. The dance consisted in spring-
rendered it well adapted for affections of the mouth ng rapidly from the ground, and striking the feet
and fauces. Paul of ^Egina, in like manner, com- sehind ; a feat of which a Spartan woman in Aris-
10
pares his Ppe-raviKT} to the wild Dock, and com- ;ophanes prides herself. The number of success-
mends it for the cure of mortifications of the mouth, ful strokes was counted, and the most skilful re-
oy which he no doubt means Scurvy. This is the eived prizes. We
are told by a verse which has
plant upon the uses of which a small work was jeen preserved by Pollux,
11
that a Laconian girl
written by Antonius Musa, physician to Augustus. tiad danced the bibasis a thousand times, which
This Libellus was published at Zurich, A.D. 1537, was more than had ever been done before. 1 * The
with notes by Humelbergius. It is a tract, how- bibasis appears to have been nearly the same as the
13
ever, of little value, either in a philological or scien- aTTvyi&iv, which Pollux explains by atftfi r
tific point of view ; and, indeed, there is much reas m Ji TOV
yhovrbv Kaisiv, on the meaning of which
to doubt the genuineness of the work which we see Hesychius. 1 *
Munting, in a very learned work, De Vera
'
possess. 1. (Dioscor., iv., 1. Paul. .fEfrin., ii., 3. Adams, Append., s
Antiquorum Herba Brittanica,' gives an interesting v.) 2. (fitjxtov iyityiaoTai ftev oiirai? and TOV TrcntaTcvodai $ifx& ">
exposition of the opinions entertained by modern re KOI ipOonvotas vQe^elv-) 3. (Dioscor., iii., 116. Adams, Ap-
pend., s. v.) 4. (c. Pantaen., 976, 11. Compare Harpocrat., I
-.) 5. (Solon, 23.) 6. (Lys., De Csede Eratosth., 33. Demosth ,
1. (Moore's Anc. Mineral.,p. 151.) 2. (Compare Manil., iv., ^. Mid., 528, 20.) 7. (Alt. Process, p. 545.) 8. (Meier, Att
SJ5.) 3.(Cic., Pro Sextio, 64. Sen., De Benef.. ii., 19. Ib., Process, p. 546.) 9. (Demosth., c. Mid., 540, 24.) 10. (Lysistr.,
Epist., 70. Tertull., Apol., 9.) 4. (Cic. in Vatm., 17. Ad 28.) 11. (iv., 102.) 12. (Muller, Dorians, iv., 6, I)8, p. 351,
Vluint Fr., ii., 6, $ 5.) 5. (Tertull., Apol., 35.) 6. (Plin., H. 352, transl.) 13. (ix., 126.) 14. (s. v. Schol. in .irstoph.,
N.. iii.. 8.)
Equit.. 793. Eustath, in II. p. 861 ; in Od., p. 1818.)
157
BIBLIOTHECA. BIBLIOTHECA.
the bibliopolae or librarii lived mostly in one street, edge, made a collection of books, and taught the
7
called Argiletum, to which Martial alludes when Egyptian kings the arrangement of a library. The
addressing his book on the prospect of the criticism
most important and splendid public library of an-
it would meet with : tiquity was that founded by the Ptolemies at Alex-
" andrea, begun under Ptolemy Soter, but increased
Argiletanas mavis habitare tabernas, and rearranged in an orderly and systematic man-
Quum tibi, parve liber, scrinia nostra vacent." ner by Ptolemy Philadelphus, who also appointed
Another favourite quarter of the booksellers was a fixed librarian, and otherwise
8 provided for the
the Vicus Sandalarius. There seems also to have usefulness of the institution. Thn
library of the
been a sort of bookstalls by the temples of Vertum- Ptolemies
contained, according to Aulus Gellius,'
nus ad Janus, as we gather from Horace's address
9 700,000 volumes according to Josephus, 500,000 ; ,
" Nulla taberna meos of the city called Brucheion, the other in the part
habcat, nequc pila libellos ;
called Serapeion. Ptolemy Philadelphus bought
Queis manus insudct vulgi, Hermogenisgue Tigelli." Aristotle's collection to add to the
library, and Ptol-
Booksellers were not found at Rome only, though A
11 emy Euergetes continued to add to the stock.
they were, of course, rare in smaller cities. Pliny great part of this splendid library was consumed by
says he had not supposed that there were any book- fire in the siege of Alexandrea by Julius Caesar :
sellers at Lugdunum, but finds that there were, and some writers
say that the whole was burned but ;
"
Ezigis ut donem nostros tibi, Quinte, libellos , with the greater division of the library, in the quar-
Non habco, sed habet bibliopola Tryphon." ter of Alexandrea Called Brucheion, was a sort of
The booksellers not only sold books they tran- college, to which the name of Mouseion (or Museum)
;
scribed them also, and employed persons for the was given. Here many favoured literati fujsued
their studies, transcribed books, and so forth Ice.
purpose but th'ey did not consider themselves an-
;
;
ewerable always for the correctness of the copy. 13 tures also were delivered. ( Vid. AUDITORIUM.) The
Sometimes the author revised it to oblige a friend Ptolemies were not long without a rival in zeal.
who might have bought it. 1 * Eumenes, king of Pergamus, became a patron of
On the shop-door or the pillar, as the case might literature and the sciences, and established a libra,
be, there was a list of the titles of books on sale ry, which, in spite of the prohibition against ex-
;
allusion is made to this by Martial 1 * and by Hor- porting papyrus issued by Ptolemy, who was jealous
ace. 1 * of his success, became very extensive, and perhaps
The remuneration of authors must have been next in importance to the library of Alexandrea.
very small, if we are to judge from the allusions of It remained, and probably continued to increase, 6
till
Martial, who says, for example, that a nice copy of Antonius made
it a present to Cleopatra.
his first book of Epigrams might be had for five The first public library in Rome was thai founded
denarii. 17 Asinius Pollio, 7 and was in the atrium Liberta-
Pliny the elder, however, when in Spain, by
was offered as much as four hundred thousand ses- tis (vid. ATRIUM) on Mount Aventine. 8 Jtlius Cae-
terces for his Commentarii Electorum 18 sar had projected a Greek and Latin lib-ary, and
Books then, as now, often found their way into had commissioned Varro to take measures for the
other shops besides book-shops, as waste paper and establishment of it but the scheme was prevented ;
;
Little as the states of antiquity dealt with the in- which was the most famous, founded by Tiajan,"
struction of the people, public collections of books called Ulpian from his own name, Ulpius. This
appear to have been very ancient. That of Pisis- library was attached by Diocletian as an ornament
11
tratus was intended for public use 2S it was subse- to his thermae. ;
quently removed to Persia by Xerxes. About the Private collections of books were made at Rome
same time, Polycrates, tyrant of Samos, is said to soon after the second Punic war. The teal of Ci-
cero, Atticus, and others in increasing their libra-
ries is well known. 17 It became, in fact, the fashion
1. (Martiul, iv., 71
Ep., 2. ; xiii., 3.) (Pollux, Onom., xiii
18.) 3. (Cic., Do Leg., ii., 20.) 4. (Lucian, adv. Indoct., 24 ) 1. (Athen., c. 2.) 2. (xiii., 1.) 3. (vi., 17.) 4. (De Tranq.
i.,
5. (Cic., Phil., 9.)
ii., 6. (Aul. Cell., v., 4.) 7. (Ep.. i.. 4.) An., c. 9.) 5. (Vid. Gibbon, c. 51.) 6. (Plut., Anton.) 7.
8. (Aul. Cell., xviii., 4. Galen, Be
Lib. su., iv., p. 361 ) 9 (Plin., H. N., vii., 30. Isid., Orig., vi., 5, 1.) 8 (Ovid, Trist.,
(Bp. I., xx., 1.) 10. (Sat., I., iv.,71.) 11. (Ep., ix., 11.)
i., 71. 9. (Suet., Jul., 44.) 10.
12'. III., Martial, xii., 3, 5.)
(ir., 72.) 13. (Mart., ii., 8.) 14. (Mart., vii., 11, 16.) 15. (i (Suet., Octav., 29. Dion, Ixiii., 1.) 11. (P^t., Marcell.
118.) 16. (Ep. ad Pis., 372. 17. (Compare
Sat., I., iv., 71.) Ovid, Trist., III., i. 60, 09.) 12. (Suet., Don: 20.) 13 (Aul.
i., 67; xiii., 3.) J8. (Plin., Epist., iii., 5.) 19.(Mart., vi., 60, Cell., xvi., 18.)14. (Aul. Cell., xiii., 18.) 15. (Aul. GeJJ,si.,
7.) 20. (Vid. Juv., Sat., iii., 207. Mart., iii., 2; xiii., 1.) 21 17. Dion, Ixviii., 16.) 16. (Vopisc., Prob., *.) 17. (Ck. ; ad
(Festus. s. T.) 22. (Aul Gel]., vi., 17.
Athensus, i., p. 3.) Alt., i., 7, 10; iv., 5; ad Quint. Fratr., iii.)
158
BIDENTAL. BIPALIUM.
have a room elegantly furnished as a library, and pears to have been believed, that a person who wan
reserved for that purpose. 1 However ignorant or guilty of profaning a bidental would be punished by
unstudious a person might be, it was fashionable to the gods with phrensy ; and Seneca 1 mentions an-
appear learned by having a library, though he might3 other belief of a similar kind, that wine which had
never even read the titles of the books. Seneca been struck by lightning would produce in any one
condemns the rage for mere book-collecting, and who drank it death or madness. Persons who had
rallies those who were more pleased with the out- been struck by lightning (fulguriti) were not re-
9
Bide than the inside. Lucian wrote a separate moved, but were buried on the spot.
piece to expose this common folly (Trpof diraidevrov BIDLEI called in inscriptions fiideot or
(/3i6tatoL),
gal rro/lAa /Jtfi/U'a uvovpevov). (3i6voi, in Sparta, whose business
were magistrates
" Usus
A library generally had an eastern aspect : was to inspect the gymnastic exercises. Their
tnim mali.iinuri postulat lumen : item in bibliothecis house of meeting (dpxeiov) was in the market-
3
libri non putrescent." place.* They were either five* or six in number,*
In Herculaneum a library fully furnished was dis- and had a president, who is called in inscriptions
6
covered. Round the walls it had cases containing irpea6vf pifiEuv. Bockh conjectures that /3/<5f<n or
the books in rolls (md. LIBER) these cases were ;
the Laconian form for Idvoi or Fidvot, and
ftidvoi is
numbered. It was a very small room so small ;
witnesses and judges among the youth. 7
signifies
that a person, by stretching out his arms, could touch Vdkenaer 8 supposes that the bidiaei were the
both sides of it. The cases were called either ar- same as the vopotyvhaKec, and that we ought to read
6 1 9
tnaria,* or loculamentaf or foruli, or nidi." Asin- in Pausanias, KOL vo/io^vTMnuv KO.?IOV/J.EVUV [3i6iai-
ius Pollio had set the fashion in his public library uv, instead of KOI vo/j.o6v7\.aKuv KOI KahovfiEvuv fii-
of adorning the room with the portraits and busts diaiuv but the inscriptions given by Bockh show
:
of celebrated men, as well as statues of Minerva that the bidiaji and w/zo^vAa/cej were two separate
1
and the Muses. This example was soon followed classes of officers.
in the private libraries of the rich.
8
Martial 9 sends BIGA or BIG^E, in Greek avvupia or cvvupif
10
to his brother Turanius a copy of some verses, drawn by two horses
(bijuge curriculum ), a vehicle
which he sent with a bust of himself to Avitus, who or other animals. This kind of turn-out is said by
11
wished to have a bust of Martial in his library. So, Pliny (bigos prirnum Phrygum junxit natio ) to have
in the library which Hadrian founded at Athens, been invented by the Phrygians. It is one of the
there were o'tK^ara uyaTifiaai KEKoafMjfieva KOI jpa- most ancient kinds, and in Homer by far the most
faif KaraKEirai t?e $ avru {tiBhia.
10
The charge of common (di&yoi "nriroi 1 *). Four-horse chariots are
the libraries in Rome was given to persons called also mentioned. 13 Pliny 14 mentions a chariot drawn
librarii. (Vid. LTBRARIUS.) by six horses. This was the largest number usual
BI'KOS (/3i/cof ), the name of an earthen vessel in under the emperors 15 but Suetonius speaks of one
;
otus'* speaks of PIKOVS Qoivmrjiove Kard-yovai olvov umphs, and on other public occasions, than to the
irteovc, Ty'ucn some commentators interpret by common vehicles of every-day life. 17 The form of
" vessels mstle of the wood of the the biga resembled that of the Greek upua or <5%>of,
palm-tree full of
wins." But as Eustathius 16 speaks of olvov QoiviKl- being a rather short carriage on two wheels, open
vov /Sircof we ought probably to read in Herodotus (31-
,
above and behind, upon which the driver usually
" stood to guide the horses. See the cut in the next
ovf (j>oiviKT]iov, K. T. A., vessels full of palm wine."
BIDENS. (Vid. RASTRUM.) article. (Vid. BIOATUS.)
BIDENTAL, the name given to a place where BIGATUS (i. e., nummus), a silver denarius, on
11
any one had been struck by lightning (fulgurites ), which the representation of a biga was stamped. ' 1
or where any one had been killed by lightning and This was an ancient stamp on Roman money, as
buried. Such a place was considered sacred. we learn incidentally from Tacitus, who says 19 that
Priests, who were called bidentales (i. e., sacerdotes), the Germans, although mostly practising barter,
collected the earth which had been torn up by the still had no objection to old and well-known coins
lightning, and everything that had been scorched, (pecuniam veterem et diu notam), such as bigati.
9
and burned it in the ground with a sorrowful mur- Bigati were also called argentum bigalum.* The
mur. 18 The officiating priest was said condcre ful- value was different at different times. ( Vid. DENA-
19
gur; he farther consecrated the spot by sacrifi- RIUS.) A denarius, on which the representation of
cing a two-year-old sheep (bidens), whence the name a quadriga was stamped, was in the same manner
of the place and of the priest, and also erected an called Quadrigatus. The annexed cuts, represent-
altar, and surrounded it with a wall or fence. It ing a bigatus and quadrigatus, are taken from coins
was not allowable to tread on the place, 30 or to in the British Museum.
touch it, or even to look at it.* 1 Sometimes a bi-
dental which had nearly fallen to decay from length
of time, was restored and renovated 33 but to re- ;
ing to the materials of which it was made, it might existing quadrupeds after the rhinoceros, an animal
still to be found in some of the Lithuanian
be either dear, 9 or so cheap as to be purchased by forests,
the common people. and perhaps in those of Moldavia, Wallachia, and
These garments, as well as lacernae, were woven the neighbourhood of the Caucasus, is a distinct
at Canusium and probably their name
in Apulia; species, which man has never subdued. Following
out this subject with his usual industry and
(byrrhus, i. was derived from the red col-
e., mppoc.) ability,
our of the wool for which that district was cele- that great naturalist goes on to state, that if
Europe
brated. They were also made in different parts of possessed a Urus, a Thur of the Poles, different
from the Bison or the Aurochs of the Germans, it is
Gaul, especially among the Atrebates. 10 Soon af-
terward they came into general use, so that the only in its remains that the species can be traced ;
birrhus is mentioned in the edict of Diocletian, pub- such remains are found, in the* skulls of a species of
lished A.D. 303, for the purpose of ox, different from the Aurochs, in the superficial
fixing a maxi-
mum of prices-fbr all the articles which were most ^eds of certain districts. This, Cuvier thinks, must
je the Urus of the ancients, the
commonly used throughout the Roman empire. original of our do-
*BISON (fticuv), "the rarae of a sub-genus of mestic Ox the stock, perhaps, whence our wild cat-
;
the American, and, under the yoke. The elevated ridge of the spine
notwithstanding the advances of
man, still multitudinous. deal A on the shoulders, long legs, a woolly fur, and the
good of conflicting
residence in mountain forests, cause the Bison to
opinion has thrown some obscurity over the Euro-
pean species. Pennant, in his 'British Zoology,' approach nearer the Damaline and Catoblepine gen-
after stating his belief that the ancient wild cattle ra than the Buffaloes." 3 For some remarks on
;he knowledge possessed
of Britain were the Bisont.es
jubati of Pliny, thus by the ancients of the lat-
continues The Urns of the Hercynian forest, de-
:
'
;er, consult article BUBALIS.
scribed by Caesar, was of this kind, the same which BISSEXTUM. (Vid. CALENDAR, ROMAN.)
is called
by the modern Germans Aurochs, i. e., Bos BISSEXTUS, or BISSEXTILIS ANNUS.
sylvestris.' This opinion is not correct. CALENDAR, ROMAN.)
Though
there are parts of Caesar's
description applicable to
*BIT'UMEN, a Latin word used by Tacitus,
the European Bison, there is one Pliny, and other Roman writers, to indicate a spe-
striking character-
istic which forbids us to conclude that cies of mineral pitch or oil. The term appears to
Caesar's Urus
was identical with it. A glance at the lave some analogy with the Greek n-iaaa,
European Bi- TTITTO,
pitch," its earlier form having probably been " pit-
'
son will convince us that it could never have afforded
the horns whose amplitude Cssar celebrates. umen." The corresponding Greek word is
In uoQafaof
in modern Latin
the Archaologia (vol. iii.,
p. 15) it is stated, that the asphaltum), for which no satisfac-
Borstal horn is supposed to have ory derivation has been assigned. The most ap-
belonged to the
bison or buffalo. That it
might have belonged to a proved kind of Bitumen was the Jewish, from Lake
buffalo is not impossible but that it did not belono-;
Asphaltites (Dead Sea); but Bitumen in various
to a bison is
sufficiently clear, from the following de- states, from that of fluid transparent naphtha, to
scription 'It is two feet four inches hat of dry, solid, black asphaltum, was well known
long onthe
:
convex bend, and twenty three inches on the con- and much used among the ancients.
They appear
cave. The inside at the large end is three inches o have employed both Maltha and melted
Asphal-
diameter, being perforated there so as to leave the um as a cement in the construction of buildings,
thickness of only half an inch for about three &c. Thus the bricks of which the walls of
inches Baby-
deep but farther on it is thicker, being not so much
;
on were constructed were cemented by a bitumen,
which was found abundantly in that vicinity on
(
o AH>>
Xvi 4' * 4 -2 '
(BelL Alex -> c. 47.)-3. (Lucan, prings, or floating on the river Is, which fell into
roi.,,582 ; x., 5&)4.
(Od., hi., xxix., 62. Scheffer, De Mili- he Euphrates. Asphaltum or Maltha, either
t. NavaU, ii., c. 2, p. 68.)-5. (Schol. in Juv., viii., 145. pure
)r mixed with a
S/shol m Pers., i., 54.) 6. (Papias,
&c., ap. Adelung, Glossar
liquid extracted from the cedar
Mar.jfc)f , vol. i.. p. 220, 693.) was employed by the Egyptians in
7. (CJaudian,
"
Epigr!' 37.) 8
" Au-
embalming dead
Sev., Dial., 14.) 9.
(Sulp. (Claudian, 1. c. pretiosum 1. (H. N.,
(rimij., Serm.) 10. (Vopisc., Car., c. 20 ) viii., 15; xxviii., 10.) 2. (H. A.., ii., 2.) 3. (Pen-
y Cyclopsed., iv., p. 461.)
180
BLATTA. BCEOTARCH.
bodies. 1 In Syria, Asphaltum was dug from quar- *BLENNUS (/3Aj/vo f ), called by Pliny Blenmui.
*
ries in a solid state In Zante (the ancient Zacyn- the Blenny or Butterfly-fish (Blennius ocularis, L.}.
liuis) tleie is a pitch spring, which we know to It is about seven inches long, and has a
slimy mu-
have been at work for above 2000 years.* At Ag- cus smeared over the skin, to which it owes its
" "
rigentum, in Sicily, a species of liquid bitumen was name, from the Greek (Stewa, mucus," slime."
burned in lamps as a substitute for oil.* The prin- Athenaeus says it resembles the Gudgeon. Several
cipal ing .ulient in the celebrated Greek fire is sup- of the Blenny kind are viviparous.
1
posed by Klaproth to have been some variety of *BLETON, BLITON, or BLITION (Pfajrov, pK-
Asphalturn. Bitumen is now employed as a generic TOV, /?Amov), the herb Elite or Elites, a kind of beet.
term, comprehending several inflammable bodies of Stackhouse and Dierbach agree with the older com-
different degrees of consistency, namely, Naphtha, mentators, that it is the Amaranthus Blilum ; and
Petroleum, Mineral Tar, Mineral Pitch, and Asphal- Sprengel inclines to this opinion in his notes to Di-
tum. From the description of aaQahrog given by oscorides, although in his History of Medicine he
Dioscorides, it would appear that he applied the had set it down as the Blitum capitatum.
3
The in-
term not only to the Bitumen solidum, or Asphaltum, sipidity of the Blitum gave rise to an adage directed
of Wallerus, but likewise to the more liquid sorts of against the feeble in intellect, or the tame and spir-
bitumen. 5 itless in disposition.
BAABH2 AIKH (/3Au% dtKTj). This action was *BOA. (Fid. DRACO.)
available in all cases in which one person had sus- BOEDROM'IA (BoTidpofiia, ?; and ra), a festival
tained a loss by the conduct of another and from celebrated at Athens on the seventh day of the
;
the instances that are extant, it seems that wheth- month of Boedromion, in honour of Apollo Boedro-
er the injury originated in a fault of omiss'on or mius. 3 The name Boedromius, by which Apollo
commission, or impaired the actual fortune -ef the was called in Bceotia and many other parts of
4
plaintiff or his prospective advantage, the action Greece, seems to indicate that by this festival he
would lie, and might be maintained, against the de- was honoured as a martial god, who, either by hia
fendant. It is, of course, impossible to enumerate actual presence or by his oracles, afforded assist-
ill the particular cases upon which it would arise, ance in the dangers of war. The origin of the fes-
out the two great classes into which (3hd6ai may be tival is, however, traced by different authors to dif-
divided are the svdeapoi and the a6ea/j.ot. The first ferent events in Grecian story. Plutarch 5 says that
of these will include all causes arising from the non- Theseus, in his war against the Amazons, did not
fulfilment of a contract to which a penal bond was give battle till after he had offered a sacrifice to
annexed, and those in which the law specified the Phobos ; and that, in commemoration of the suc-
penalty to be paid by the defendant upon conviction cessful battle which took place in the month of Bo-
;
the second, all injuries of property which the law edromion, the Athenians, down to his own time,
did not specify nominatim, but generally directed to continued to celebrate the festival of the Boedromia.
be punished by a fine equal to twice the estimated According to Suidas, the Etymol. Magn., and Eurip-
damage if the offence was intentional, if otherwise ides, the festival derived its name and origin from
6
6
toy a bare compensation. Besides the general the circumstance that when, in the reign of Erech-
word /3Au&7c> others more specific, as to the nature theus, the Athenians were attacked by Eumolpua,
of the case, are frequently added to ^he names of Xuthus or (according to Philochorus in Harpocra-
actions of this kind, as avdpairoduv, rerpanoduv, JJ.E- tion, s. v.) his son Ion came to their assistance, and
ra.7Ji.LK.ri, and the like. The declaration of the plain- procured them the victory. Respecting the partic-
tiff seems always to have begun with the words ulars of this festival, nothing is known except that
"EfiAa-^e fie, then came the name of the defendant, sacrifices were offered to Artemis.
and next a description of the injury, as OVK inrodi,- BOEDROMION. (Vid. CALENDAR, GREEK.)
dovg efiol TO dpyvpiov in Demosthenes.
7
The prop- BOETHE'TICE. (Vid. MEDICINA.)
er court was determined by the subject of litiga- BCEOTARCH (Botwrap^f or Botorap^of). The
tion and when we consider that the damage done
;
Boeotians in ancient times occupied Arne in Thes-
8 7
by Philocleon to the cake-woman's basket, and saly. Sixty years after the taking of Troy they
supposititious testimony given in the name of anoth- were expelled by the Thessalians, and settled in
er, thereby rendering such person liable to an ac- the country then called Cadme'is, but afterward Boe-
9
tion, i[>Evdo/j,apTvpiuv, were equally (3%.a6ai at
otia.
Attic This country, during their occupation of it,
law, the variety of the actions, and, consequently, was divided into several states, containing each a
of the jurisdictions under which they fell, will be a principal city, with its i-vvrefais or gvp/aopot (inhab-
sufficient excuse for the absence of farther specifi- itants of the same fiolpa or district) living around it.
cation upon this point. Of these greater states, with dependant territories,
*BLATTA (aityri), a name given by the Latin there seem to have been in former times fourteen,
writers to an insect of the family of the Orthoptera, a number which frequently occurs in Boeotian le
and of which they were acquainted with several gends. 8 The names are differently given by differ-
kinds. From their shunning the light, Virgil 10 has ent writers on the subject we know, however, for ;
given them the epithet of Lucifugce. Our cockroach certain, that they formed a conspiracy called the
belongs to the Blattae, being the Blatta Americana. Boeotian league, with Thebes at its head, the de-
Pliny" mentions several medical applications of pendancies of which city formed about a third part
Blattae, after having been either triturated or boiled of the whole of Bosotia. These dependant towns
in oil. They were found serviceable in complaints or districts were not immediately connected with
of the ear, in cases of leprosy, and in removing the national confederacy, but with the neighbour-
warts. Schneider supposes the aityrj of Lucia n to ing chief city, as Cynoscephalae' was with Thebes.
belong to the class Lepisma, L. The aityrj of Di- In fact, they were obliged to furnish troops and
oscorides would seem to be the Blatta Orientalist 9 money, to make up the contingent furnished by the
state to which they belonged, to the general con-
9
1. (Cleareland's Mineralogy, vol. ii.,
p. 491.) 2. (Vitruv., federacy. Of the independent states, Thucydides1 *
Tiii.,3-8.) 3. (Herod., iv., 195.) 4. (Dioscor., i., 99.) 5. (Ad-
ams, Append., s. v.
aa(pa\TOS.) 6. (Meier, Alt.
Process, p. 188 1. (Pliny, H. N., ixxii., 9. Athenseus, vii., c. 83. Cuvier,
eqq. ; 475, seqq. Demosth., c. Mid., 528.) 7. (Pro Phorm. An. King vol. 2. (Theoplirasf., H. P., vii., 1.
, ii., p. 173.)
150, 21.) 8. (Aristoph., Vesp.) 9. (Demosth., c. Aphob., iii. 3. (Muller, Dorians, ii., 8, I) 5.) 4.
Dioscor., a., 143.) (Pans.,
849,20.) 10. (Georg., iv.,243.) 11. (xxix.,39.) 12. (Dioscor.
M. M. ii., 38. Lucia.ii, adv. Indoct., 18. Adams, Append., s. v
ix., 17, H Callira.,
7.
Hymn. Apoll., 69.)
8. (Paus.,
5. (Thes., 27.) ft.
being the chief. Plataea had withdrawn from them, but, before the time (B.C. 171) to which his state^
and placed itself under the protection of Athens as ment refers, Plataea had been reunited to the league.
and in B.C. 374, Thespiae, an- Still the number mentioned in any case is no test
early as B.C. 519 ;
other member of the league, was destroyed by the of the actual number, inasmuch as we are not sure
Thebans. 1 that all the Bceotarchs were sent out by their re-
Each of tho principal towns of Bceotia seems to spective states on every expedition or to every
have had its (%of and (3ovM/.* The /3ovM> was battle.
presided over by an archon, who probably had suc- The Bceotarchs, when engaged in military ser-
ceeded to the priestly functions of the old kings, vice,formed a council of war, the decisions of which
but possessed little, if any, executive authority. were determined on by a majority of votes, the pres*
The polemarchs, who, in treaties and agreements, ident being one of the two Theban Bceotarchs who
are mentioned next to the archon, had some exec- commanded alternately.' Their period of service
utive authority, but did not command forces e. g., ;
was a year, beginning about the winter solstice ;
3
they could imprison, and they directed the levies and whoever continued in office longer than his
of troops. But, besides the archon of each separate time, was punishable with death both at Thebes
state, there was an archon of the confederacy and in other cities.* Epaminondas and Pelopidas
apxuv ev KOIVU Boiwrwv, most probably always a did so on their invasion of Laconia (B.C. 369), but
Theban.* His name was affixed to all alliances their eminent services saved them in fact, the ;
and compacts which concerned the whole confed- judges did not even come to a vote respecting the
6
eracy, and he was president of what Thucydides former (ovde upxr/v nepl avrov -deaden, TTJV ^tj>ov s ).
calls the four councils, who directed the affairs of At the expiration of the
year, a Bceotarch was eligi-
the league (unav TO nvpoc. %ovat). On important ble to office a second time, and Pelopidas was re-
questions they seem to have been united for the peatedly chosen.* From the case of Epaminondas
;
same author speaks of them as rj Povhfi, and in- and Pelopidas, who were brought before Theban
forms us that the determinations of the Bceotarchs judges (diKaarai) for transgression of the law which
required the ratification of this body before they limited the time of office, we may conclude that
were valid. Wewill now explain who these Boeo- each Bceotarch was responsible to his own state
tarchs were. They were properly the military heads alone, and not to the general body of the four coun-
of the confederacy, chosen by the different states cils. ;
but we also find them discharging the functions of Mention is made of an election of Bceotarchs by
an executive in various matters. In fact, they are Livy. 7 He farther informs us that the league (con-
represented by Thucydides as forming an alliance cilium) was broken up by the Romans B.C. 171.*
6
with foreign states as receiving ambassadors on Still it must have been partially revived, as we are
;
their return home as negotiating with envoys from told of a second breaking up by the Romans after
;
other countries and acting as the representatives the destruction of Corinth, B.C. 146. 9
;
of the whole league, though the (3ov%T/ refused to *BOCA or BOCE (Puicy, Aristot. /3u Opcjian : :
sanction the measures they had resolved on in the /?OUT/>, Athenaeus), a small fish not exceeding a palm
particular case to which we are now alluding. An- in length but, according to Willoughby, its flesh is
;
other instance in which the Bceotarchs appear as wholesome and pleasant. Oppian makes mention
executive is their interference with Agesilaus, on of two species. Rondelet conjectures that the sec-
his embarking from Aulis for Asia (B.C. 396), when ond was a species of Mana, meaning, as Adams
they prevented him offering sacrifice as he wish- supposes, the Sparus Mcena.
ed. 7 Still the principal duty of the Bceotarchs was *BOITOS (fSoiroc), a species of fish, mentioned
of a military nature thus they led into the field the by Aristotle. 10 It is supposed to be the Cottus Go-
:
troops of their respective states and when at bio, the Bull-head, or Miller's thumb. According to
;
home, they took whatever measures were requisite Artedi, an old MS. in the Vatican reads Koiroq. 11
to forward the military operations of the league or *BOLBOI (/3oA6oi), a general name for bulbous
of their own state for example, we read of one of roots. 1 * With regard to the /3oA66f etiuSiuoc, Adama
:
the Theban Bceotarchs ordering the Thebans to remarks as follows in his Commentary on Paul of
come ih arms to the ecclesia for the purpose of ^Egina " It is not well ascertained what the escu- :
8
being ready to attack Plataea. Each state of the lent bulbi of the ancients were. Hardouin conjec-
confederacy elected one Bceotarch, the Thebans tures that they were a delicious kind of onions.
two 9 although on one occasion, i. e., after the re- Matthiolus and Nonnius are wholly undecided.
;
turn of the exiles with Pelopidas (B.C. 379), we read Sprengel inclines, with Dalechamp and Sibthorp, in
of there being three at Thebes. 10 The total number thinking that they were a species of Muscari, or
from the whole confederacy varied with the number Musk Hyacinth. The account of them given by
of the independent states. Mention is made of the Serapion, who calls them Cepa sine tunicis? agrees '
Bceotarchs by Thucydides, 11 in connexion with tie better with the conjecture of Hardouin. Eustathius
battle of Delium (B.C. 424). There is, however, a also says that the Bulbus was a wild onion." 1 * The
difference of opinion with respect to his meaning /3oX6of EfiETinof is referred by Matthiolus to the
:
some understand him to speak of eleven, some of Muscari Moschatum; by Dodonaeus to the Narcissus
twelve, and others of thirteen Bceotarchs. Dr. Ar- Jonquilla ; by Lonicer to the Scilla bifolia ; by Sib-
nold is disposed to adopt the last number and we thorp to the Ornithogalum
; stychyo'idcs ; and by Cam-
think the context is in favour of the opinion that erarius to the Narcissus
poeticus. Sprengel rather
there were then thirteen Bceotarchs, so that the inclines to the opinion of Dodonaeus. Dierbach
number of free states was twelve. At the time of holds the /3oX66f of Hippocrates to be the Hyc tin*
the battle of Leuctra (B.C. 371), we find seven Bce-
1. (Diod. Sic., xv., 52, 53. Paus., ix., 13, $ 3.) 2. (xlii.,43.)
3. (Thucyd., iv., 91. Diod. Sic., xv., 51.) 4. (Plut., Pelop.,
1 (Clinton, F. H., pt. ii., p. 396. Thucyd., iii., 55.) 2. 24. Paus., ix., 14, $ 3.) 5. (Paus., 1. c.) 6. (Plut., Pelop )
(Xen., HelL, v., 2, t> 29. Bockh, Corp. Inscr.) 3. (Xen.,Hell., 7. (xxxiii., 27 ; xlii., 44.) 8. (Compare Polyb., xxviii., 2, * 10 :
I.e.) 4. (BOckh, Inscr., 1593.) 5. (v., 38.) 6. (v., 38.) 7. TO Botuiroiv eOvos KarcXvdri.) 9. (Paus., vii., 16, t> G.) 10. (H.
(Plot, Ages., 6. Xen., Hell., iii., 4, 4.) 8. (Paus., ix., 1, $
t,
A., iv., 8.) 11. (Adams, Append., s. v.) 12. (Theophrast., II
3.) 9. (Thucyd., ii., 2; iv., 91 ; vii., 30. Diod. Sic., xv., 51.) 8. 73 fmdH
P.,i.,69; vii., 13; viii., Dioscor., ii., 200, 201.)
-10. (Pint., Pelip., 13.) 11. (iv.. 91.) xxi., 1. Comment, in Paul, JEgin. , p. 98 )
162
BONA. BONA.
tnus tomosrus. Stackhouse hesitates between a ferred from one person to another with certain for-
species of Gallic and one of Squills. The truth malities, or acquired by usucapion. But if it was
of the matter would appear to be, that, as various clearly the intention of the owner to transfer the
bulbous roots are possessed of emetic powers, the ownership, and the necessary forms only were
term was applied in a loose manner by the ancients. wanting, the purchaser had the thing in bonis, and
Dioscorides and most of the medical authorities he had the enjoyment of it, though the original
state that the esculent Bulbus is aphrodisiacal.
1
owner was still legally the owner, notwithstanding
BOMBYL'IUS (Pou6vfaoe), a drinking-vessel with he had parted with the thing.
a very narrow mouth, whence it is called avarouoe It thus appears that Quiritarian
ownership of res
or OTevoarouoe* The name is supposed to have mancipi originally and properly signified that own-
been formed from the noise which water or any ership of a thing which the Roman law recognised
liquid makes in passing through a narrow opening as such it did not express a compound, but a sim-
;
Quiritium, or he was not. But afterward the own- those who were possessors of public land they ;
ership was split, so that now one man may be the had no ownership, but only a possession, in which
owner (dominus) of a thing ex jure Quiritium, and they were protected by the praetor's interdict. ( Vid.
yet another may have it in bonis. For instance, if, AGRARI^E LEGES.)
in the case of a res mancipi, I do not transfer it to That which was in bonis, then, was that kind of
you by mancipatio, nor by the form in jure cessio, interest or ownership which was protected by the
but merely deliver it to you, the thing, indeed, be- praetor, which interest may be called bonitarian or
comes your thing (in bonis), but it will remain mine beneficial ownership, as opposed to Quiritarian or
ex jure Quiritium, until by possession you have it bare legal ownership. It does not appear that the
by usucapion. For when the usucapion is once word dominium is ever applied to such bonitarian
complete, from that time it begins to be yours abso- ownership, except it may be in one passage of Gai
a
lutely (plena jure), that is, it is yours both in bonis, us, the explanation of which is not free from diffi-
and also yours ex jure Quiritium, just as if it had culty.
been mancipated to you, or transferred to you by That interest called in bonis, which arose from a
the in iure cessio." In this passage Gaius refers bare tradition of a res mancipi, was protected by the
to the three modes of acquiring property which were exceptio and the actio utilis in rem.
s
Possessio is
the peculiar rights or privileges of Roman citizens, the general name of the interest which was thus
mancipatio, in jure cessio, and usucapion, which are protected. The person who had a thing in bonis and
also particularly enumerated by him in another pas- ex justa causa, was also entitled to the actio Pub-
sage.* liciana in case he lost the possession of the thing
From this passage it appears that the ownership before he had gained the ownership by usucapion.'
of certain kinds of things among the Romans, called The phrases bonorum possessio, bonorum pos-
res mancipi (vid. MANCIPIUM), could only be trans- sessor, might then apply to him who has had a ree
mancipi transferred to him by tradition only but ;
l. (Adams, Append., s. T.) 2. (Pollux, Onom., x., 68.) 3. the phrase applies also to other cases, in which the
(Pollux, vi., 98. Hesych., a. v. Vid. Casaub. in Athcn., p.
466, 784.) 4. (Paulus, Recept. Sentent., v., 6, 16. Dig. 37, tit. 1. (Gaius, iii., 100.) 2. 3. tit. 1, s. 52.)
(i., 54.) (Dig. 41,
*. s. 3 ; 50, tit. 16, s. 49.) 5. (ii., 40.) 6. (ii., 65.) 4. (Gaius, iv.. 36.)
163
BONA CADUCA. BONA RAPTA.
As to things nee mancipi, the ownership might the legata and fidei commissa became caduca, all
be transferred by bare tradition or delivery, and charges with which they were burdened became
ujh ownership was Quiritarian, inasmuch as the caduca also. In the time of Constantine, both the
Roman law required no special form to be observed ccelebs and the orbus, or childless person (who waa
in the transfer of the ownership of res nee mancipi. under a limited incapacity), obtained the full legal
1
Such transfer was made according to the jus gen- capacity of taking the inheritance. Justinian* put
9
tium (in the Romansense of that term). an end to the caducum, with all its legal consequen-
On may
this subject the reader a long es-
consult ces. In this last- mentioned title (De Caducis fallen-
say by Zimmern, Ueber das Wesen des sogenannten dis) it is stated both that the name and the thing
bonitarischen Eigenthums.' (nomen et materia caducorum) had their origin in the
BONA CADU'CA. Caducum literally signifies civil wars, that many provisions of the law were
that which thus glans caduca, according to
falls: evaded, and many had become obsolete.* As to
Gaius,* is the mast which falls from a tree. Cadu- the Dos Caduca, see DOS.
cum, in its general sense, might be anything with- BONA FIDES. This term frequently occurs in
out an owner, or what the person entitled to neg- the Latin writers, and particularly in the Roman
.ected to take ;* but the strict legal sense of cadu- jurists. It can only be defined with reference to
cum and bona caduca is that stated by Ulpian,* things opposed to it, namely, mala fides, and dolus
which is as follows : malus, both of which terms, and especially the lat-
If a thing is left by testament to a person who ter, are frequently used in a technical sense. (Vid.
has then a capacity to take it by the jus civile, but DOLUS MALUS.)
from some cause does not take it, that thing is Generally speaking, bona fides implies the absence
called caducum : for instance, if a legacy was left of all fraud, and unfair dealing or acting. In this
to an unmarried person, or a Latinus Junianus, and sense, bona fides, that is, the absence of all fraud,
the unmarried person did not, within a hundred days, whether the fraud consists in simulation or dissim-
obey the law by marrying, or if, within the same ulation, is a necessary ingredient in all contracts.
time, the Latinus did not obtain the Jus Quiritium, Bona fide possidere applies to him who has acqui-
the legacy was caducum. Or if a heres ex parte, or red the possession of a thing under a good title, at
a legatee, died after the death of the testator, and he supposes. He who possessed a thing bona fide,
before the opening of the will, the thing was cadx- had a capacity of acquiring the ownership by usuca-
cum. The thing which failed to come to a person pion, and had the protection of the actio Publiciana.
in consequence of something happening in the life Thus a person who received a thing either mancipi
of the testator, was said to be in causa caduci ; that or nee mancipi, not from the owner, but from a per-
which failed of taking effect between the death of son whom he believed to be the owner, could ac-
the testator and the opening of the will, was called quire the ownership by usucapion.* A thing which
simply caducum. wasfurtivia or vi possessa, or the rfes mancipi of a
The law above alluded to is the Lex Julia et Pa- female who was in the tutela of her agnati, unless
pia Poppaea, which is sometimes simply called Julia, it was delivered by her under the auctoritas of her
or Papia Poppaea. This law, which was passed in tutor, was not subject to usucapion, and therefore,
the time of Augustus (B.C. 9), had the double ob- in these cases, the presence or absence of bona fides
ject of encouraging marriages and enriching the was immaterial. 8 A person who bought from a pu-
1
treasury ararium," and contained, with reference pillus without the auctoritas of his tutor, or with the
to these two
objects, a great number of provisions. auctoritas of a person whom he knew not to be the
Martial 8 alludes to a person who married in order tutor, did not purchase bona fide that is, he was
;
to comply with the law. guilty of a legal fraud. A sole tutor could not pur-
That which was caducum, came, in the first chase a thing bona fide from bis pupillus and if he ;
place, to those among the heredes who had. chil- purchased it from another, to whom a non bona fide
dren and if the heredes had no children, it came
; ;ale had been made, the transaction was null.*
among those of the legatees who had children. A bona fide possessor was also protected as to
The law gave the jus accrescendi, that is, the right property acquired for him by another person.
7
to the caducum as far as the third In various actions arising t*ut of mutual dealings,
degree of con-
9
sanguinity, both ascending and descending, to those mch as buying and selling, lending and hiring, part-
who were made heredes by the will. Under the nership, and others, bona fides is equivalent to
provisions of the law, the caducum, in case there sequum and justum ;
and such actions were some-
was no prior claimant, belonged to the aerarium or, ;
times called bonas fidei actiones. The formula of
as Ulpian 10 expresses it, if no one was entitled to the the praetor, which was
the authority of the judex,
bonorum possessio, or if a person was entitled, but empowered him in such cases to inquire and deter-
did not assert his right, the bona became mine ex bona fidr, that is, according to the real mer-
public
property (populo deferuntur), according to the Lex its of the case.*
Julia caducaria ; but by a constitution of the Em- BONA RAPTA. The actio vi bonorum raptoru'n
peror Antoninus Caracalla, it was appropriated to was granted by the praetor against those who had
the fiscus the jus accrescendi above mentioned
:
by force carried off a man's property. The offence
was, however, still retained. The lawyers, how- was, in fact, a species of furtum. If the person in-
ever (viri prudentissimi), by various devices, such jured brought his action within one year after the
as substitutions, often succeeded in
making the law
of no effect. 1. (Cod.viii., 58.) 2. (Cod. vi., 51.) 3. (Gaius, ii., 207 iii ;
time when he was first able to bring his action, he the process of the cessio bonorum more simple, bj
:ight recover fourfold if after the year, he only
:
making it a procedure extra jus, and giving farthei
ecovered the value of the goods. If a slave was privileges to the insolvent. Like several other Ju-
the offender, ;he owner of the goods had a noxalis lian laws, it appears to have consolidated and ex-
nctio against the master.
1
tended the provisions of previous enactments. 1
BONA VACANTIA was originally the property BONO'RUM COLLA'TIO. By the strict rules
which a person left at his death without having dis- of the civil law, an emancipated son had no right to
posed of it by will, and without leaving any heres. the inheritance of his father, whether he died tes-
Such property was open to occupancy, and so long tate o- intestate. But, in course of time, the prae-
as the strict laws of inheritance existed, such an tor granted to emancipated children the privilege of
event must not have been uncommon. A remedy equal succession with those who remained iu the
was, however, found for this by the bonorum pos- of the father at the time of his death ; and
sessio of the praetor. grant might be either contra tabulas or ab intea-
It does not appear that the state originally claim- ato. But this favour was granted to emancipated
ed the property of a person who died intestate and hildren only on condition that they should bring
without heredes legitimi. The claim of the state to nto one common stock with their father's property,
such property seems to have been first established and for the purpose of an equal division among al'
by the Lex Julia et Papia Poppsea. (Vid. BONA the father's children, whatever property they had at
CADUCA.) The state, that is, iu the first instance the time of the father's death, and which would
the aerarium, and afterward the fiscus, did not take have been acquired for the father in case they had
such property as heres, but it took it per unwersita- still remained in his power. This was called bo-
tem. In the later periods of the Empire, in the case norum collatio. It resembles the old English hotch-
of a soldier dying without heredes, the legion to pot, upon the principle of which is framed the pro-
which he belonged had a claim before the fiscus ; vision in the statute 22 and 23 Charles II., c. 10, s
8
and various corporate bodies had a like preference 5, as to the distribution of an intestate's estate.
in the case of a member of the corporation dying BONO'RUM EMTIO ET EMTOR. The ex
without heredes. 2 pression bonorum emtio applies to a sale of the
BONO'RUM CESS'IO. There were two kinds property either of a living or of a dead person. It
of bonorum cessio, iu jure and extra jus. The in was in effect, as to a living debtor, an execution.
jure cessio is treated under its proper head. In the case of a living person, his goods were liable
The bonorum cessio extra jus was introduced by a to be sold if he concealed himself for the purpose of
Julian law, passed either in the time of Julius Cae- defrauding his creditors, and was not defended in
sar or Augustus, which allowed an insolvent debtor his absence or if he made a bonorum cessio ac- ;
to give up his property to his creditors. The debt- cording to the Julian law or if he did not pay any ;
or might declare his willingness to give up his prop- sum of money which he was by judicial sentence
erty by letter or by a verbal message. The debtor ordered to pay, within the time fixed by the laws
thus avoided the infamia consequent on the bono- of the Twelve Tables 3 or by the praetor's edict. In
rum emtio, which was involuntary, and he was free the case of a dead person, his property was sold
from all personal execution. He was also allowed when it was ascertained that there was neither he-
to retain a small portion of his property for his sup- res nor bonorum possessor, nor any other person
port. An old gloss describes the bonorum cessio entitled to succeed to it. In this case the property
thus " Cedere bonis est ab universitate rerum sua- belonged to the state after the passing of the Lex
:
(Dig. 36, tit. 6. Cod. vi., tit. 20.) 3. (Aul. Cell., xv., 13 ; xx.,
1. (Gaius, hi., 209. Dig. 47, tit. 8.) 2. (Marezoll, Lehrbuch 1.) 4. (Gaius. ii., 154, 107.) 5. (Cic., ad Att., i., 9 ; vi., 1.
Jerlnstitut. desRom. Rechts.) 3. (viii.. 2S i 4. (Mazocchi, Pro Quincto., c. 15.) 6. (Gaius, iii., 77 ; ;v 35, 65, and 111
"
p 423.) 4. 1 1 1, 5.) 7. (Dig. 37, tit. 1, s 3 )
BUNORUM POSSESSIO.
nim possessio who could have no hereditas or legal protected in his possession by the interdictum quo-
inheritance. rum bonorum. The benefit of tjiis interdict waa
The bonorum possessio was given by the edict limited to cases of bonorum possessio, and this was
both contra tabulas, secundum tabulas, and intestati. the reason why a person who could claim the ir>
An emancipated son had no legal claim on the heritance in case of intestacy by the civil law,
inheritance of his father but if he was omitted in
;
sometimes chose to ask for the bonorum possessio
his father's will, or not expressly exheredated, the also. The praetorian heres could only sue and be
praetor's edict gave him the
bonorum possessio con- sued in respect of the property by a legal fiction.
tra tabulas, on condition that he would bring into He was not able to sustain a directa actio ; but, in
hotchpot (bonorum collatio} with his brethren who order to give him this capacity, he was, by a fiction
continued in the parent's power, whatever property of law, supposed to be what he was not, heret ; and
he had at the time of the parent's death. The bo- he was said ficto se kerede agere, or intended. The
norum possessio was given both to children of the actions which he could sustain or defend were acti-
blood (naturales) and to adopted children, provided oncs utiles. 1 A good general view of the bonorum
the former were not adopted into any other family, possessio is given by Marezoll, Lehrbuch der Insti
and the latter were in the adoptive parent's power tutioncn des Rom. Rechts, $ 174.
at the time of his death. If a freedman made a *BONASSUS (ftovaaooe), a quadruped, the same
will without leaving his patron as much as one half with the Bison. (Vid. BISON.)
of his property, the patron obtained the bonorum *BOSCAS (/?o<7/cuf), the Wild Duck, Anas Boscas,
possessio of one half, unless the freedman appoint- L. (Vid. ANAS.)
ed a son of his own blood as his successor. *BOSTRYCHI'TES (/farfptfttrw), a stone re-
The bonorum possessio secundum tabulas was sembling a lock of female hair.* It is supposed to
that possession which the praetor gave, conformably have been amianthus.*
to the words of the will, to those named in it as *BOS (/3ovc), a generic term, applied to several
heredes, when there was no person entitled to make varieties of the ox and cow, namely, of the Bos
a claim against the will, or none who chose to make " The immense
Taurus, L. advantages derived
such a claim. It was also given secundum tabulas from the domesticated ox in the beginning of human
in eases where all the requisite legal formalities had "
civilization," observes Lieut. Col. Smith, may be
not been observed, provided there were seven prop- gathered from the conspicuous part its name and
er witnesses to the will. attributes perform in the early history of mankind.
In the case of intestacy (intestati), there were We find the Bull among the signs of the Zodiac ;
seven degrees of persons who might claim the bo- it typifies the sun in more than one system of
norum possessio, each in his order, upon there be- mythology it was personally worshipped among
;
ing no claim of a prior degree. The first three the Egyptians, and is still venerated in India. The
classes were children, legitimi heredes and proximi Cow is repeatedly a mystical type of the earth in
cognati. Emancipated children could claim as well the mystical systems of ancient Greece, or a form
as those who were not emancipated, and adoptive of Bhavani with the Hindus. The Vedas con-
as well as children of the blood but not children
; sider it the primordial animal, the first created by
who had been adopted into another family. If a the three kinds of gods who were directed by the
freedman died intestate, leaving only a wife (in Supreme Lord to furnish the earth with animated
manu) or an adoptive son, the patron was entitled beings. The Ox first enabling man to till the ground,
to the bonorum possessio of one half of his property. was a direct cause of private territorial property,
The bonorum possessio was given either cum re and of its consequences, wealth, commerce, leisure,
or sine re. It was given cum re when the person to and learning he was no less the means of ab-
;
whom it was given thereby obtained the property stracting mankind from the necessity of shedding
or inheritance. It was given sine re when another blood, and thus he became the emblem of justice,
person could assert his claim to the inheritance by the vehicle of Siva. This merited consideration
the jus civile as, if a man died intestate, leaving we see dexterously used by ancient legislators, to
:
a suus hercs, the grant of the bonorum possessio soften the brutality of human manners, either by
would have no effect ; for the heres could maintain forbidding the flesh as food in those countries where
;iis legal right to the inheritance. Or, if a person his acknowledged utility was counteracted by ob-
who was named heres in a valid will was satisfied stacles in the increase, or by commanding the fre-
with his title according to the jus civile, and did quent use of sacrifices by a proper slaughter, and
not choose to ask for the bonorum possessio (which where fire and salt should be employed to check a
he was entitled to if he chose to have it), those horrid species of massacre and practice of devour-
who would have been heredes in case of an intes- ing the flesh in a raw state. The words Thur, Tur,
tacy might claim the bonorum possessio, which, Toor, Tier, Deer, Stier, Steer, in the northern dialects
however, would be unavailing against the legal title of Europe, in their early and in their latest accep-
of thfc testamentary heres, and, therefore, sine re. tations, are direct names of well-known ruminants ;
Parents and children might claim the bonorum but in proportion as we pursue the root towards its
possessio within a year from the time of their being origin in Central Asia, we find that the parent Ian'
able to make the claim ; others were required to guage of the Gothic and Sclavonian, as well as
make the claim within a hundred days. On the those of the Hellenic and other tongues, unite in
failure of such party to make his claim within the fixing it upon a larger bovine animal, perfectly ap-
proper time, the right to claim the bonorum pos- plicable to that known in Caesar's Commentaries
sessio devolved on those next in order, through the by the name of Urus, implying, as some think,
seven degrees of succession. primaeval, ancient, sylvan, fierce, mysterious still ;
He who received the bonorum possessio was not retained in the Teutonic ur and its numerous ad-
thereby made heres, but he was placed keredis loco;
(or the praetor could not make a heres. The prop- 1. (Gains, iii., 25-38 iv., 34. Ulp., Fragm., tit. 28, 29.-
Dig. 37, tit. 4, s. 19 tit. 11. Dig. 38, tit. 6.) 2. (Plin H N.
;
; ,
erty of which, *,he possession was thus given was xxxvii., 10.) 3. (Moore's Anc. Mineral., p. 182.)
166
BOS MARINUS. BOUAI.
Juncts. We
here find the root of the denomination large fish, the Raia Oxyrynchus, L., called in .English
of several regions in which the parent race of the the Sharp-nosed Ray. The French name is AUne.
Tauri, or the Urus, has existed or still resides. The fai66aro? of Aristotle is a variety of it.
Thus, Turan, of Eastern Persia Turan, south of BOONAI (Botivai) were persons in Athens whc
;
the Caucasus the present Turcomania the Thur- purchased oxen for the public sacrifices and feasts.
; ;
gaw the Canton of Uri ; the Thuringian forest ; They are spoken of by Demosthenes in conjunction
1
;
the Tauric Chersonese the Tauri, a Sarmatian with the lepo-rrotoi and those who presided over the
;
tribe ;
the Tauriai, inhabiting Italy, near the present mysteries, and are ranked by Libanius* with the
Turin, &c. In most of these countries the gigan- sitonae, generals, and ambassadors. Their office is
tic Urus has left his remains, or the more recent spoken of as honourable by Harpocration,* but Pol-
Urus has been known to herd. The appellations lux* includes them among the inferior offices, 01
ox and *ow also afford matter for speculation the offices of service (vrnipeolat*).
:
the appellations flovc;, bos, the Arabic bakr, as also The fleet of Xerxes was soon afterward destroyed
Koe, Kuhe, Cow, (Jaw, and Ghai, are all evidently by a north wind, near Cape Sepias, and the grateful
from a common root descriptive of the voice of Athenians erected to his honour a temple on the
cattle. It has been conjectured that the original banks of the Ilissus. But, considering that Boreas
domestication of the common Ox (Bos Taurus) was intimately connected with the early history of
took place in Western Asia, and was performed by Attica, since he is said to have carried off and mar-
the Caucasian nations, who thereby effected a lead- ried Oreithyia, daughter of Erechtheus, 8 and that he
ing cause of that civilization which their descendants was familiar to them under the name of brother-in-
carried westward and to the southeast, where the law, we have reason to suppose that even previous
genuine Taurine races, not multiplying or yielding to the Persian wars certain honours were paid to
equal returns to human industry and human wants, him, which were, perhaps, only revived and increased
have caused the veneration in which they are held, after the event recorded by Herodotus. The festi-
and necessitated the prohibition of feeding on their val, however, does not seem ever to have had any
It is to these circumstances, also, that we great celebrity, for Plato
9
flesh. represents Phaedrus as
may refer the domestication of the Buffalo, whose unacquainted even with the site of the Temple of
strength and habits were suited to supply the defi- Boreas. Particulars of this festival are not known,
ciencies of the Ox and a similar effect has since except that it was celebrated with banquets.
;
appearance, occasioned by the variations of climate, was made which bestowed upon him the right of
food, and treatment. The hunched races of Africa citizenship, and assigned to him a house and a piece
may be regarded as introduced with the Arabian of land. This, however, is perhaps merely another
invasions after the Hegira ; for in the numerous way of expressing the fact that the Thurians adopt-
representations of Taurine animals, sacred victims, ed the worship of Boreas, and dedicated to him a
or in scenes of tillage upon the monuments of an- temple, with a piece of land.
cient Egypt, none occur. The breeds of the Kis- BOTANOMANTEFA.
(Vid. DIVINATIO.)
guise and Calmuc Tartars, those of Podolia and BOT'ULUS (d/Maf, ^WCT/CT/), a sausage, was a very
the Ukraine, of European Turkey, and the Roman favourite food among the Greeks and Romans. The
States, are among the largest known. They are tomaculum was also a species of sausage, but not
13
nearly all distinguished by ample horns spreading the same as the botulus, for Petronius speaks of
sideways, then forward and upward, with dark tomacula cum botulis. The sausages of the ancients,
1*
points their colour is a bluish ash, passing to black. like our own, were usually made of pork, and were
:
That in the Papal dominions is not found repre- cooked on a gridiron or frying-pan, and eaten warm
sented on the ancient bas-reliefs of Rome, but was (fuerunt et tomacula supra craticulam argenteam fer-
introduced most probably by the Goths, or at the ventia 1 *). They were sold in the streets and in the
same time with the Buffalo. Italy possesses an- baths, and the botularius was accustomed to cry
other race presumed to have existed in ancient out his sausage for sale. 1 *
times, valued for its fine form and white colour it Sausages were also made with the blood of ani-
:
17
is not so large, but the horns are similarly devel- mals, like our black-puddings and Tertullian1 * in ;
oped. Tuscany produces this race, and droves of forms us that, among the trials to which the hea-
them have been transported to Cuba, and thence to thens exposed Christians, one was to offer them
Jamaica. Ancient Egypt nourished a large white such sausages (botulos cruore distentos), well know-
breed, which, however, is not the most common ing that the act by which they thus tempted them
upon the monuments of that country, where the to transgress was forbidden by the Christian laws.
11
cattle are usually represented with large, irregular BOUAI. (Vid. AGELE.)
marks of black or brown upon a white ground." 1
As regards the origin of our domestic Ox from 1. (c. Mid., p. 570.) 2. (Declam., viii.) 3. (s. v.) 4. (Onom.,
114.) 5. (Bockh, Publ. Econ. of Athens, vol. i., p. 289,
the Urus of antiquity, consult remarks under the viii.,
6. (Hesych., s. v.) 8. (Herod., 1. c.
transl.) 7. (vii., 189.)
articles BISON and Unas. Paus., i., 19, t) 6.) 9. (Phzdr., p. 229.) 10. (viii., 36, $ 4.)-
*BOS MARI'NUS (j3otff tfaAuTrtof ), a species of 11. (Compare ^Elian, Var. Hist., xii., 61.) 12. (1. c.) 13. (c.
49.) 14. (Juv., Sat., x., 355.) 15. /Petron., c. 31.) 16. (Map.
1. (Oriffith's Cuvier, vol. iv., p. 411, seqq.) 2. (Griffith's Cu- tial, I., xlii., 9. Sen., Ep., 56.) 17. (Aristoph., Equit., 208.-
v
iir. voi JT , ji. 419 ) Tertull., Apol., 9.) 18. (1. c.) 19. (Becker, Callus, i , p. 44.
167
BOULE. BOULE
BOYAH' (rt ruv trevTOKoaiuv'). In the heroic dividuals thus appointed were required to submit
to a scrutiny, or doKipaaia, in which they gave evi-
ages, represented to us by Homer, the (3ov^
is
eimply an aristocratical council of the elders among dence of being genuine citizens (yvrjaioi ef a^otv),
the nobles, sitting under their king as president, of never having lost their civic rights by arpia, and
who, however, did not possess any greater authori- also of being under 30 years of age. (Vi'd. DOKI-
quently in connexion with, but apparently not sub- account, or rudvvai, which the whole body had to
ject to, nor of necessity controlled by,
an a-yopu, or give at the end of the year, any single member was
1
meeting of the freemen of the state. This form of liable to expulsion for misconduct by his col-
8
government, though it existed for some time in the leagues.
Ionian, ./Eolian, and Achaean states, was at last This senate of 500 was divided into ten sections
wholly abolished. Among the Dorians, however, of fifty each, the members of which were called
especially with the Spartans, this was not the case prytanes (irpvravelf ), and were all of the same tribe
; ;
for it is well known that they retained the kingly they acted as presidents both of the council and the
power of the Heracleidae, in conjunction with the assemblies during 35 or 36 days, as the case might
yepovaia (vid. GEROUSIA), or assembly of elders, of be, so as to complete the lunar year of 354 days
which the kings were members. At Athens, on the (12x29^). Each tribe exercised these functions in
contrary, the POV?IT/ was a representative, and in turn, and the period of office was called a prytany
most respects a popular body (dijftoriKov), the ori- (npvravcia). The turn of each tribe was determin-
gin, nature, and duties of which we proceed to de- ed by lot, and the four supernumerary days were
scribe. given to the tribes which came last in order.'
Its first institution is generally attributed to Solon. Moreover, to obviate the difficulty of having too
There are, however, strong reasons for supposing many in office at once, every fifty was subdivided
that, as in the case of the areiopagus, he merely into five bodies of ten each its prytany also being ;
modified the constitution of a body which he found portioned out into five periods of seven days each :
already existing. In the first place, it is improbable, so that only ten senators presided for a week over
and, in fact, almost inconsistent with the existence the rest, and were thence called Trpoedpoi. Again,
of any government, except an absolute monarchy, out of these proedri an k-mardr^q was chosen foi
to suppose that there was no such council. Be- every day in the week, to preside as a chairman in
sides this Herodotus" tells us that in the time of the senate and the assembly of the people during ;
Cylon (B.C. 620), Athens was under the direction his day of office he kept the public records and
of the presidents of the Naucraries (vavt<papiai), the seal.*
number of which was forty-eight, twelve out of The prytanes had the right of convening the coun-
each of the four tribes. Moreover, we read of the cil and the assembly (eKK^rjaid). The duty of the
case of the Alcmaeonidse being referred to an aristo- proedri and their president was to propose subjects
cratical tribunal of 300 persons, and that Isagoras, for discussion, and to take the votes both of the
the leader of the aristocratic party at Athens, en- councillors and the people for neglect of their duty
;
6
deavoured to suppress the council, or fiovhrj, which they were liable to a fine. Moreover, whenever a
Cleisthenes had raised to 600 in number, and to meeting, either of the council or the assembly, was
vest the government in the hands of 300 of his own convened, the chairman of the proedri selected by
3
party. This, as Mr. Thirlwall* remarks, can hard- lot nine others, one from each of the non-presiding
ly have been a chance coincidence and he also
: tribes these also were called proedri, and possess-
:
suggests that there may have been two councils, ed a chairman of their own, likewise appointed by
one a smaller body, like the Spartan yspovata, and lot from among themselves. On their functions,
the other a general assembly of the eupatrids thus ;
and the probable object of their appointment, some
corresponding, one to the senatus, the other to the remarks are made in the latter part of this article.
comitia curiata, or assembly of the burghers at We now proceed to speak of the duties of the
Rome. But, be this as it may, it is admitted that senate as a body. It is observed under AREIOPA-
Solon made the number of his /Jov/b? 400, taking the GUS that the chief object of Solon in forming the
members from the first three classes, 100 from each senate and the areiopagus was to control the dem-
of the four tribes. On the tribes being remodelled ocratical powers of the state for this purpose ;
by Cleisthenes (B.C. 510), and raised to ten in num- Solon ordained that the senate should discuss and
ber, the council also was increased to 500, fifty be- vote upon all matters before they were submitted
ing taken from each of the ten tribes. It is doubt- to the assembly, so that nothing could be laid be-
ful whether the fiovfavrai, or fore the people on which the senate had not come
councillors, were at
first appointed by lot, as
they were afterward but ;
to a previous decision. This decision or bill was
as it is stated to have been Solon's wish to make called TrpoGovhevfia, and if the assembly had been
the fiovhri a restraint upon the people, and as he is,
obliged either to acquiesce in any such proposition,
moreover, said to have chosen (emfajdpevoe*) 100 or to gain the consent of the senate to their modifi-
members from each of the tribes, it seems reasona- ^ation of it, the assembly and the senate would then
ble to suppose that they were elected, more lave been almost equal powers in the state, and
espe-
cially when there is no evidence to the contrary.' nearly related to each other, as our two houses of
It is, at any rate, certain that an where the Parliament. But, besides the option of adopting or
election,
eupatrids might have used influence, would have rejecting a npoGovfev/ia, or \j>^iafia as it was some-
been more favourable to Solon's views than an times called, the people possessed and exercised
ap-
pointment by lot. But, whatever was the practice the power of coming to a decision completely dif-
originally, it is well known that the appointment erent from the will of the senate, as expressed in
was in after times made by lot, as is indicated by the irpoSov^evfia. Thus, in matters relating to peace
the title (ol UKO TOV nvdpov /fovAevrol), and war, and confederacies, it was the duty of the
suggested
by the use of beans in drawing the lots. 7 The in- senators to watch over the interests of the state,
1.(R., ii., 53, 143; xviii., 503. Od., ii., 239.) 2. (v., 71.) 1. 2. (Harpocr., s. v. 'E^jiXAo^i&pia.
(BOckh, i., 310, transl.)
I. (Herod., v., 72. Plut., Sol., 12.) 4. (Hist, of Greece, ii.,
JEsch., c. Ctes., p. 56, ed. Bekk.) 3. (Clinton, F.H.,vol. h.,
41.> 5 (I'lut., Sol., 10.) 6 (Thirlwall's Hist, of
i
Greece, ii., ).
346.)4. (Suid. Harpocr.) 5. (Demosth., c. Timocr., 703-
42.)' .
(Thucyd., viii.. 63.) 707.1
168
BOULE BUULE.
and thpy could initiate whatever measures, and the archon then come the day of the month, tl.fi ;
come to whatever resolutions they might think ne- tribe in office, and, lastly, the name of the proposer.
cessary but on a discussion before the people it The motive for passing the decree is next stated
; ;
was competent for any individual to move a differ- and then follows the decree itself, prefaced with thl
ent or even contrary proposition. To take an ex- formula 6ed6x6ai TTJ fiovArj KOI TU di]^. The reader
ample In the Eubcean war (B.C. 350), in which is referred to Demosthenes, De Corona, for exam-
:
the Thebans A'ere opposed to the Athenians, the ples. After B.C. 325, another form was used, which
senate voted that all the cavalry in the city should continued unaltered till the latest times. 1 will We
be sect out to assist the forces then besieged at Ta- here briefly state the difference between the voftu
mynae a Kpodovfavpa to this effect was proposed
;
and ipr)(j>iofj.aTa it is as follows The former were
: :
to the people, but they decided that the cavalry were constitutional laws the latter, decrees of the peo-
;
not wanted, and the expedition was not underta- pleon particular occasions.*
ken. Other instances of this kind occur in Xeno- Mention has just been made of the ypa^arevf,
phon.
1
whose name was affixed to the tyriQiapara, as in the
In addition to the bills which it was the duty of example given above it may be as well to explain :
the senate to propose of their own accord, there that this functionary was a clerk chosen by lot by
were others of a different character, viz., such as the senate in every prytany, for the purpose of keep-
any private individual might wish to have submit- ing the records, and- resolutions passed during that
ted to the people. To accomplish this, it was first period he was called the clerk according to the ;
necessary for the party to obtain, by petition, the prytany (6 Kara Trpvraveiav), and the name of the
privilege of access to the senate (Kp6ao6ovypu.tya.a- clerk of the first prytany was sometimes used to
dai), and leave to propose his motion and if the designate the year. 3
;
measure met with their approbation, he could then With respect to the power of the senate, it musi
submit it to the assembly.* Proposals of this kind, be clearly understood that, except in cases of small
which had the sanction of the senate, were also importance, they had only the right of originating,
called TrpoSov^ev/iara, and frequently related to the not of finally deciding on public questions. Since,
conferring of some particular honour or privilege however, the senators were convened by the pry
upon an individual. Thus the proposal of Ctesi- tanes every day, except on festivals or U^ETOL ripi
phon for crowning Demosthenes is so styled, as pai,* it is obvious that they would be fit recipien*
also that of Aristocrates for conferring extraordi- of any intelligence affecting the interests of tht
nary privileges on Charidemus, an Athenian com- state, and it is admitted that they had the right of
mander in Thrace. Any measure of this sort, which proposing any measure to meet the emergency ; for
was thus approved of by the senate, was then sub- example, we find that Demosthenes gives them an
mitted to the people, and by them simply adopted account of the conduct of yEschines and himself,
or rejected ; and " it is in these and similar cases when sent out as ambassadors to Philip, in conse-
that the statement of the grammarians is true, that quence of which they propose a bill to the people.
no law or measure could be presented for ratifica- Again, when Philip seized on Elateia (B.C. 338),
tion by the people without the previous approbation the senate was immediately called together by the
of the senate, by which it assumed the form of a prytanes to determine what was best to be done.*
decree passed by that body." 3 But, besides possessing the initiatory power of which
In the assembly the bill of the senate was first we have spoken, the senate was sometimes delega-
mad, perhaps by the crier, after the introductory ted by the people to determine absolutely about par-
ceremonies were over and then the proedri put the ticular matters, without reference to the assembly.
;
question to the people, whether they approved of it, Thus we are told* that the people gave the senate
or wished to give the subject farther deliberation.* power to decide about sending ambassadors to Phil-
The people declared their will by a show of hands ip and Andocides 7 informs us that the senate was
;
8
(irpoxeipoTovia). Sometimes, however, the bill was invested with absolute authority to investigate the
not proposed and explained by one of the proedri, outrages committed upon the statues of Hermes
but by a private individual either the original ap- previously to the sailing of the Sicilian expedition.
plicant for leave to bring forward the measure, or a Sometimes, also, the senate was empowered to
senator distinguished for oratorical power. Exam- act in conjunction with the nomothetae (avvvo/ito-
6
ples of this are given by Schomann. If the irpo- 6eTelv), as on the revision of the laws after the ex
6oi>Xevfj.a of the senate were rejected by the people, pulsion of the Thirty by Thrasybulus and his party,
9
it was, of course, null a.nd void. If it happened B.C. 403. Moreover, it was the province o the
that it was neither confirmed nor rejected, it was senate to receive e/crayye/Uaf, or informations of ex-
firereiov, that is, only remained in force during the traordinary crimes committed against the state, and
year the senate was in office. 6 If it was confirmed for which there was no special law provided. The
it became a
ipr/fiapa, or decree of the people, bind- senate in such cases either decided themselves, or
ing upon all classes. The form for drawing up such referred the case to one of the courts of the heliaea,
decrees varied in different ages. Before the archon- especially if they thought it required a higher pen-
Bhip of Eucleides (B.C. 403), they were generally alty than it was competent for them to impose, viz.,
beaded by the formula, "Edofe T% fiovZfi nal r<p 500 drachmae. It was also their duty to decide on
IriW then the tribe was mentioned in whose pryt- the qualification of magistrates, and the character
'
any the decree was passed ; then the names of the of members of their own body. (Vid. DOKIMASI^.)
yoafinarevc or scribe, and chairman and, lastly, that But, besides the duties we have enumerated, tiie
;
of the author of the resolution. Examples of this senate discharged important functions in cases of
form occur in Andocides ; 7 thus "Edofe ry (lov^y finance. All legislative authority, indeed, in such
:
B.C. ?25, the decrees commence with the name of administration was intrusted to the senate, as the
1.
1. (SchOmann, p. 136, transl.)(Thucyd., iii., 36, ed. Ar-
2.
(Hellen., i., 7, $9; vii., 1, $2.) 2. (Demosth., c. Timocr., nold.) 3. (Pollux, Onom., viii., 98.
liockh, vol. i., p. 250, transl.)
715.) (SchSmann, DC Ath. Com., p. 103, transl.) 4. (Aris-
3. 4. (Pollux, viii., 95.) (Demosth., De Fals. Leg., 346.
5. B
toph., The&m., 290.) 5. (De Ath. Com., p. 106, transl.) 6. 6 (Demosth., De Fals. Leg-., 389.) 7. (Df Myst.)
Cor., 284.)
(Demosth., c. ArisJ 651.) 7. (De Myst., p. 13.) 8. (Compare
, 8. (7iv y<ip avroKpdrwp.} 9. (Andocid.. De Myst., p. 12. De-
riuivj.J., i,., 118.) mosth., c. Tiaocr., p 708 ',
169
BOl LE. BOULE.
to the people.
1
Thus Xenophon tells us that tant duties intrusted to them ; that they were all
0wof)
the senate was occupied with providing money, of one tribe, and therefore closely connected ; thai
with receiving the tribute, and with the manage- they officiated for thirty-five days as presidents of
ment of naval affairs and the temples and Lysias" the representatives of the other tribes and that
;
;
has sufficient money for the administration of af- benefit of their own tribe at the expense of the conv
fairs, it does nothing wrong
but when it is in want munity. To prevent this, and watch their conduct
;
of funds, it receives informations, and confiscates whenever any business was brought before the sen
the property of the citizens." The letting of the ate and assembly, may
have been the reason for ap
duties TE/LOJXU/ was also under its superintendence, pointing, by lot, nine other quasi-presidents, repre
i
and those who were in possession of any sacred or sentatives of the non-presiding tribes, who would
nai daia) were bound to pay protest and interfere, or approve and sanction, as
pul/Uc moneys (lepa
ttum into the senate-house and in default of pay- they might think fit. Supposing this to have been
;
m< nt, the senate had the power of enforcing it, in the object of their appointment in the first instance,
it is easy to see how they might at least have been
conformity with the laws for the farming of the du-
ties (ot rehuviKol vopoi). The accounts of the mon- united with the proper proedri in the performance
those still re- of duties originally appropriated to the latter.
eys that had been received, and of
In connexion with the proedri, we will explain
maining due, were delivered to the senate by the
apodectce, or public treasurers. (Vid. APODECT^E.) what is meant by the phrase ij irpoedprvovaa <pvhrj.
" The senate
arranged, also, the application of the Our information on this subject is derived from the
public money, even in trifling matters, such
as the speech of ^Eschines against Timarchus, who in-
salary of the poets, the superintendence of the cav- forms
us that, in consequence of the unseemly con-
alry maintained by the state, and the examination
duct of Timarchus on one occasion before the as-
of the infirm (adworot) supported by the state, are sembly, a new law was passed, in virtue of which
particularly mentioned among its duties the public
a tribe was chosen by lot to keep order, and sit as
;
debts were also paid under its direction. From this presidents under the /3?//a, or platform on which the
enumeration we are justified in inferring that all orators stood. No remark is made on the subject
that senators only were
questions of finance were confided to its supreme to warrant us in supposing
regulation."
3
Another very important duty of the elected to this office it seems more probable that ;
senators was to take care that a certain number of a certain number of persons was chosen from the
triremes was built every year, for which purpose tribe on which the lot had fallen, and commissioned
they were supplied with money by the state in to sit along with the prytanes and the proedri, and
;
default of so doing, they were not allowed to claim that they assisted in keeping order. may here We
the honour of wearing a crown or chaplet (arfya- remark, that if any of the speakers (p^ropeg) mis-
vof) at the expiration of their year of office.* conducted themselves either in the senate 01 the
It has been already stated that there were two assembly, or were guilty of any act of violence to
classes or sets of proedri in the senate, one of which, the kiuaTUTTje, after the breaking up of either, the
amounting to ten in number, belonged to the presi- proedri had the power to inflict a summary fine, or
ding tribe ; the other consisted of nine, chosen by bring the matter before the senate and assembly at
lot by the chairman of the presiding proedri from the next meeting, if they thought the case requi-
1
the nine non-presiding tribes, one from each, as red it.
often as either the senate or the people were con- The meetings of the senate were, as we learn
vened. It must be remembered that they were not from various passages of the Attic orators, open to
8
elected as the other proedri, for seven days, but strangers; thus Demosthenes says that the sen-
only for as many hours as the session of the sen- ate-house was, on a particular occasion, full of
ate, or meeting of the people, lasted. Now it has strangers (fiearbv fjv idturuv) in ^Eschines* we :
been a question what were the respective duties of read of a motion " that strangers do withdraw"
these two classes but we have no hesitation in (fieTaorrjadfievoc rot>f idiuraf*). Nay, private indi-
:
stating our conviction that it was the proedri of the viduals were sometimes, by a special decree, au-
presiding- tribe who proposed to the people in as- thorized to come forward and give advice to the
sembly the subjects for discussion recited, or senate.
6
The senate-house was called TO /3ov?iev-
;
caused to be recited, the previous bill (irpofovhevna) TTjpLov, and contained two chapr Is, one of Zev<; (3ov-
of the senate officiated as presidents in conjunc- /laiof another of 'Adqvu ftovTiaia, in which it was cus-
; ,
tion with their ^Tucrrur^f, or chairman, and dischar- tomary for the senators to ofiei up certain prayers
ged, in fact, all the functions implied by the words before proceeding to business.'
Xprifiari&Lv Trpbf TOV Stffiov. For ample arguments The prytanes also had a bmlding to hold their
in support of this opinion, the reader is referred to meeting's in, where they were entertained at the
Schomann.* it does indeed appear, from decrees public expense during their prytany. This was
fmnished by inscriptions and other authorities, that called the TrpvTavelov, and was used for a variety of
7
in later times the proedri of the nine tribes exercised purposes. (Vid. PRYTANEION.) Thucydides, in-
Jiome of those functions which the orations of De- deed, tells us that, before the time of Theseus, every
mosthenes and his contemporaries justify us in as- city of Attica had its povhevrriptov and Trpvravciov ;
signing to the proedri of the presiding tribe. It must, a statement which gives additional support to the
however, be remarked, that all such decrees were opinion that Solon did not originate the senate at
passed after B.C. 308, when there were twelve Athens.
tribes ; and that we cannot, from the practice of The number of tribes at Athens was not always
those days, arrive at any conclusions relative to ten; an alteration took place in B.C. 306, when
the customs of former ages. Demetrius Poliorcetes had liberated the city from
If it is asked what, then, were the duties of these the usurpation of Cassander. Two were then add-
proedri in earlier times, the answer must be in a ed, and called Demetrias and Antigonis, in honour
8
great measure conjectural but the opinion of Scho- of Demetrius and his father.
;
It is evident tbal
mann on this point seems very plausible. He ob-
1. (-ffisch., c. Timarch., 5.) 2. (De Fals. Legr., 346.) 3. (.
1. (De Rep. Ath., iii., 2.) 2. Nicom., 185.)
(c. 3. (BSckh, Ctes., 71, 20.) 4. (Dobree, Advers., i., 542.) 5. (Andoc., D
vol. i
, p. 208, transl.) 4. (Arg. Oral., c. Androt.) 5. (De Ath. Myst.) 6. (Antiph., De Chor., p. 787.) 7. (ii. ; 15.) & (Clia
Com , p. 83, transl.) ton, F. H., ii., 343.)
170
BRAOE. BRAC.E.
this change, d the consequent addition of 100 king of Sparta, described the attire of a large poi
ai
members must have varied the or- tiori of them in these terms " They carry bowa
to the senate, :
der and length of the prytanes. The tribes just and a short spear, and go to battle in trousers and
mentioned were afterward called Ptolema'is and At- with hats upon their heads." 1 Hence, also, tie
talis and in the time of Hadrian, who beautified phrase Braccati militis a^cus, signifying that those
;
and improved Athens, 1 a thirteenth was added, call- who wore trousers were in general armed with the
ed from him Hadrianis. An edict of this emperor bow.* In particular, we are informed of the use of
has been preserved, which proves that even in his trousers or pantaloons among the following nations :
time the Athenians kept up the show of their former I. The Medes and Persians (irepl ra antfea ava^v-
2. The Parthians and Armenians. 4
3
institutions. pidas ). to.
BOYAETZEQS rPA$H (BovAeuaeuf ypa^y), an The Phrygians.* 4. The Sacae (avagvpidae kvfa-
5. The Sarmatae (Sarmanca braces' ).
1
impeachment for conspiracy. RovTievaeuc, being in dvKeaav*).
ihis case the abbreviated form of Tn6ovhevasus, is 6. The Dacians and Getae. 8 7. The Teutones.*
the name of two widely different actions at Attic 8. The Franks (avat-vpidag, ol fiev Atvaf, oi Je OKV-
law. The first was the accusation of conspiracy rivaf, 6iauvvv[tvoi rolg aK&eai irepta{j.TTiaxovTai l9 \,
against life, and might be instituted by the person 9. The Belgse (uva^vpiai xp&vrai -irepiTETa/ievatg ).
11
thereby attacked, if competent to bring an action 10. The Britons (veteres braccce Brilonis pauperis 19 ).
;
otherwise, by his or her legal patron (nvpiog). In II. The Gauls (Gallia Bracata, now Provence; 1 *
case of the plot having succeeded, the deceased sagatos bracatosque ; 14 ^pwvrcrt uvaZvpiai, ug EKEIVOI
might be represented in the prosecution by near
kinsmen (oi farof avei/>or7/rof), or, if they were in- The Gallic term " brakes," which Diodorus Sie-
1
competent, by the Kvptog, as above mentioned. ulus has preserved in the last-cited passage, also
The criminality of the accused was independent of remains in the Scottish " breeks" and the English
the result of the conspiracy, 3 and the penalty, upon " breeches." Corresponding terms are used in all
14
conviction, was the same as that incurred by the the northern languages. Also the Cossack and
actual murderers.* The presidency of the court, Persian trousers of the present day differ in no ma-
upon a trial of this kind, as in most diicat Qovncai, terial respect from those which were anciently worn
6
belonged to the king archon, and the court itself in the same countries.
was composed of the ephetae, sitting at the Palladi- In conformity with the preceding list of testimo-
um, according to Isaeus and Aristotle, as cited by nies, the monuments of every kind which contain
Harpocration, who, however, also mentions that representations of the nations included in it, exhibit
the Areiopagus is stated by Dinarchus to have been them in trousers, thus clearly distinguishing them
the proper tribunal. from Greeks and Romans. An example is seen in
The other action, /3ovfavaeue, was available upon the annexed group of Sarmatians, taken from tb*
person finding himself wrongfully inscribed as a column of Trajan.
state debtor in the registers or rolls, which were
6
kept by the different financial officers. Meier,
however, suggests that a magistrate that had so
offended would probably be proceeded against at
the evdvvai, or KTrtxeiporoviai, the ^ two occasions
upon which the public conduct of magistrates was
examined, so that, generally, the defendant in this
action would be a private citizen, that had directed
such an insertion at his own peril. From the pas-
sage in Demosthenes, it seems doubtful whether the
disfranchisement (<m/ua) of the plaintiff as a state
debtor was in abeyance while this action was pend-
ing. Demosthenes at first asserts, 7 but afterward*
9
argues that it was not. See, however, Meier, and
Bockh's note.
There is no very obvious distinction laid down
between this action and tfjevde-y-ypa^rjc but it has
'
debt wrongly set down, and that povhevaeuf was are therefore very aptly, though ludicrously, de-
the remedy of a discharged debtor again registered scribed in Euripides as " variegated bags" (roi>f $v-
for the debt already paid.
10
If the defendant lost his
19
Aa/covf rovf iroLKthovf ). To the Greeks they must
cause, his name was substituted for that of the have appeared highly ridiculous, although Ovid men-
plaintiff.
11
The cause was one of the jpa<j>al idiai tions the adoption of them by the descendants of
that came under the jurisdiction of the thesmo- some of the Greek colonists on the Euxine. 80
thetae." Trousers were principally wooden but Agathias ;
These, as well as various other articles of armour (virgata**), ornamented with a woof of various col-
and of dress (vid. ACINACES, ARCUS, ARMILLA), were
common to all the nations which encircled the 1. (Herod., v., 49.) 2. (Proper!., iii., 3, 17.) 3. (Herod, vii.,
" Per-
Greek and Roman population, extending from the 61,62. Xen., Cyrop., viii., 3, 13. Diod. Sic., xvii.,77.
sicabracca:" Ovid, Trist., v., 11, 34. "Braccati Medi:" Per.,
Indian to the Atlantic Ocean. Hence Aristagoras, Sat., iii., 53.) 4. fArrian, Tact., p. 79.) 5. (Val. Place.,
king of Miletus, in his interview with-Cleomenes, vi.,230.) 6. (Herod., vii., 64.) 7. (Val. Flacc., v.,424. Lucan,
i., 430.) 8. (Ovid, Tnst., iii., 10, 19; v.,8, 49.) 9. (Propert,
1. (Pausan., i., 18, <) 6.) 2. (Meier, Att. Process, 164.) 3. iv., 11.) 10. (Agath., Hist., ii., 5.) -11. (Strab., iv., 4, 3 ) IS
(Harpociat.) 4. (Andoc., De Myst., 46, 5.) 5. (Meier, Att. (Mart.,xi., 22.) 13. (Pomp. Mela, ii., 5, 1.) 14. (Cic., Pro M.
Process, 312.) 6. (Att. Process, 339.) 7. (c. Aristog., i., 778, Font., ll.)15. (Diod. Sic., Iv., 30.) 16. (Hire, Glossar. Suio
1908. (792, 1.) 9. (Att. Process, 340.) 10. (Petit, Leg-. Att., Goth., v. Brackor.) 17. (Arrian.) 18. (Ovid and Lucan, il
467.) II. (Demosthenes, c. Aristog., 792.) 12. (Att. Process, cc.) 19. (Cyclops, 182020. (Trist., v., 11, 34.) 21. (1. c.}-
I.e.) 22. {Propert., iv., 11,43.)
Ml
BRASSICA. BREVIARIUM.
1
They gradually came into
2 his time were accustomed to pickle cabbage fn
ours, or embroidered.
use at Rome under the emperors Severus wore winter food. 1
them, and gave them as presents to his soldiers,
3
*BRATHtf (PpaQv), the Savine, or Junipcrus S&
but the use of them was afterward restricted by bina, L. According to Pliny, there were two kinds,
Honorius. the one resembling the tamarisk, the other the cy-
BRACHIA'LE. (Vid. ARMILLA.) press ; and hence some called the latter the Cretau
BRASIDEPA (Bpavideta), a festival celebrated at cypress. The two species described by Dioscori-
des are hence supposed by Sprengel to be the taftui-
Sparta in honour of their great general Brasidas,
who, after his death, received the honours of a riscifolia and cypressifolia.
hero.* It was held every year with orations and BRAURO'NIA (Bpavpuvia}, a festival celetrated
contests, in which none but Spartans were allowed in honour of Artemis Brauronia, in the Attic town
to partake. of Brauron, 2 where, according to Pausanias,* Ores-
Brasideia were also celebrated at Amphipolis, tes and Iphigenia, on their return from Tauria, were
which, though a colony of Athens, transferred the supposed by the Athenians to have landed, and left
honour of KTIOTT^S from Hagnon to Brasidas, and the statue of the Taurian goddess.* It was held
paid him heroic honours by an annual festival with every fifth year, under the superintendence. of ten
5
sacrifices and contests. ispoTTOioi and the chief solemnity consisted in the
;
*BRASS'ICA (Kpaftki), the Cabbage. Some va- circumstance that the Attic girls between the ages
rieties of this plant have been cultivated from the of five and ten years, dressed in crocus-coloured
very earliest times of which we have any record. garments, went in solemn procession to the sanc-
But the migrations and changes of the best sorts tuary," where they were consecrated to the god-
have not been traced neither is it at all probable
;
dess. During this act the ieponaoi sacrificed a
that the varieties which the ancients enjoyed have goat, and the girls performed a propitiatory rite in
descended to us unaltered. Three kinds of cab- which they imitated bears. This rite may have
bage were known to the Romans in the time of Ca- simply arisen from the circumstance that the bear
to 6 the first had a large stalk, and leaves also of
: was sacred to Artemis, especially in Arcadia 7 but ;
the third, which was the least esteemed, had small- follows In the Attic town of Phanidae a bear was
:
sitfed leaves and a bitterish taste. According to kept, which was so tame that it was allowed to go
Columella, the brassica or cabbage was a favourite about quite freely, and received its food from and
edible with the Romans, and in sufficient plenty to among men. One day a girl ventured to play with
be even an article of food for slaves. It was sown it, and, on treating the animal rather harshly, it
and cut aJ the year round the best time, however, turned round and tore her to pieces. Her brothers,
;
for planting it was after the autumnal equinox. enraged at this, went out and killed the bear. The
When it had been once cut after this, it put forth Athenians now were visited by a plague and when ;
young and tender shoots the ensuing spring. Api- they consulted the oracle, the answer was given
cius, however, the famous gourmand, disdained to that they would get rid of the evil which had be-
employ these, arid inspired the young prince Drusus fallen them if they would compel some of their cit-
with the same dislike towards them, for which, ac- izens to make their daughters propitiate Artemis by
cording to Pliny, he was reproved by his father a rite called upKrevsiv, for the crime committed
7
Tiberius. This rame writer mentions various kinds, against the animal sacred to the goddess. The
of which the most esteemed was that of Aricia, with command was more than obeyed for the Atheni- ;
numerous and very thick leaves. Cato's second ans decreed that from thenceforth all women, be-
kind, the Olus Apianum (more correctly Apiacon), is fore they could marry, should have once taken part
the Brassica viridis crispa of Bauhin. The Olus in this festival, and have been consecrated to the
Aricium is the Brassica oleracea gongylo'ides, L. goddess. Hence the girls themselves were called
;
the Brassica Halmyridia is thought to have been KToi, the consecration apKreia, the act of conse-
the Cramle maritima ; some, however, are in fa- crating upKTevsiv, and to celebrate the festival apic-
vour of the Convolvulus soldanella. " It is uncer- Teveodai* But as the girls, when they celebrated
" whether we still
tain," observes Beckmann, pos- this festival, were nearly ten years old, the verb de-
sess that kind of cabbage which the ancients, to revEiv was sometimes used instead of dpKTEveiv
8
prevent intoxication, ate raw like salad." Of red According to Hesychius, whose statement, howev-
cabbage no account is to be found in any ancient er, is not supported by any other ancient authority,
author. The ancient Germans, and, in fact, all the the Iliad was recited on this occasion by rhapso-
northern nations of Europe, cultivated the cabbage dists.
from very remote times. The Saxon name for Feb- There was also a quinquennial festival called
ruary is sprout-kale, and that is the season when the Brauronia, which was celebrated by men and disso-
1*
sprouts from the old stalks begin to be fit for use. lute women, at Brauron, in honour of Dionysus.
The Saxons must of course, therefore, have been Whether its celebration took place at the same time
familiar with the culture of cabbage or kale, as it is as that of Artemis Brauronia (as has been supposed
not at all probable that they invented the name af- by Miiller, 11 in a note, which has, however, been
ter their settlement in Britain. We
nowhere find omitted in the English translation) must remain un-
among the Greeks and Romans any traces of that certain, although the very different characters of
excellent preparation of cabbage called by the Ger- the two festivals incline us rather to believe thai
mans sour-kraut, though the ancients were acquaint- they were not celebrated at the same time.
ed with the art of preparing turnips in the same BREVIA'RIUM or BREVIA'RIUM ALARICL
manner. 9 Whether sour-kraut be a German inven- A'NUM. Alaric the Second, king of the V:sigoths,
tion appears somewhat doubtful, if the statement of who
reigned from A.D. 484 to A.D. 501, in the
Belon be correct, who informs us that the Turks in
1. (Bellonii Observ. Itiner., iii., 27, p. 186. Beckmann, Hist.
2. (Herod., vi., 138.) 3. (i., 23,
Invent., vol. iv., p. 265, seqq.)
1. (Eurip., 1. c. Xen., Anab., i., 5, 8." Picto subtemine :" I) 9 ; 38, 1)1 ; iii., 16, t) 6 ; viii., 46, I) 2.) 4. (Vid. Muller, Do
Val. Place., vi.,230.) 2. (Virg.,^En., xi.,777.) 3. (Lampr., Al. 5 and 5. Onom., 31.) 6.
rians, i., 9, <) 6.) (Pollux, viii., 9,
Bev., 40.) 4. (Paus., iii., 14, t> 1 Arist., Eth. Nic.,v., 7.) 5. Schol. in Aristoph., Lysistr., 646.) 7.
(Suidas, s.v. "A/JKTOJ.
(Tkucyd., v., 11.) 6. (Plin., H. N., xix., 8. Fee, ad loc.) 7. (Muller, Dorians, iii 9, I) 3.) 8. (s. v. "Apxrof.) 9. (Hesych.
8. (Niclas, in Geopon., v., 11, 3, p. 345.)
(Plin., 1. c.) 9. (Li-
Harpocrat. Scholl in Aristoph., 1. c.) 10. (Aristoph., Fw,
brary r Ent. Knowl,, vol. xv., p. 258. Columella, xii., 54. 870. Schol. in loc. Suid., s. v. Bpuupc5v. 11. (Poriong, ii n
|
iwenty-second year of his reign (A.D. 508) com- the Euphrates at BabyJon. 1 It was in the nature
missioned a body of jurists, probably Romans, to of a drawbridge, and consisted merely of stone
make a selection from the Roman laws and the Ro- piers without arches, but connected with one an-
man text-wu:ers, which should form a code for the other by a framework of planking, which was re-
use of his Roman subjects. The code, when made, moved at night to prevent the inhabitants from pass-
was confirmed by the bishops and nobility and a ; ing over from the different sides of the river to com-
copy, signed by Anianus, the referendarius of Ala- mit mutual depredations. The stones were fast-
ric, was sent to each comes, with an order to use ened together by iron cramps soldered with lead,
no other law or legal form in his court (ut in foro and the piers were built while the bed of the river
tuo nulla alia lex neque juris formula proferri vel re- was free from water, its course having been divert-
cipi prasumatur). The signature of Anianus was ed into a large lake, which was again restored to
for the purpose of giving authenticity to the official the usual channel when the work had been com-
copies of the code a circumstance which has been
; pleted.* Compare the description given by Diodo-
so far misunderstood that he has sometimes been rus Siculus, 3 who ascribes the work to Semiramis.
considered as the compiler of the code. This code Temporary bridges constructed upon boats, call-
has no peculiar name, so far as we know it was : ed axeSiat,* were also of very early invention. Da-
called Lex Romana, and, at a later period, frequent- rius is mentioned as having thrown a bridge of this
ly Lex Theodosii, from the title of the first and most kind over the Thracian Bosporus ;* but we have no
important part of its contents. The name Brevia- details respecting it beyond the name of its archi-
rium, or Breviarium Alaricianum, does not appear tect, Mandrocles of Samos.* The one constructed
before the sixteenth century. by order of Xerxes across the Hellespont is more
The following are the contents of the Breviarium, celebrated, and has been minutely described by He-
with their order in the code 1. Codex Theodosia-
: rodotus. 7 It was built at the place where the Cher-
nus, xvi. books. 2. Novelise of Theodosius II., Val- sonese forms almost a right angle, between the
entian III., Marcian, Majorian, Severus. 3. The towns of Sestos and Madytus on the one side, and
Institutions of Gaius. 4. Pauli Receptse Sementiae, Abydos on the other. The first bridge which was
v. books. 5. Codex Gregorianus, 13 titles. 6. Co- constructed at this spot was washed away by a
dex Hermogenianus, 2 titles. 7. Papinianus, lib. i., storm almost immediately after it was completed,*
Responsorum. and of this no details are given. The subsequent
The code was thus composed of two kinds of ma- one was executed under the directions of a different
9
terials, imperial constitutions, which, both in the set of architects. Both of them appear to have
code itself, and the commonitorium or notice prefix- partaken of the nature of suspension bridges, the
ed to it, are called Leges ; and the writings of Ro- platform which formed the passage-way being se-
man jurists, which are called Jus. Both the Codex cured upon enormous cables formed by ropes of
Gregorianus and Hermogenianus, being compila- flax (favKoTiivov) and papyrus (8v6Mvuv) twisted
tions made without any legal authority, are included together, and then stretched means of wind-
tight by
under the head of Jus. The selections are extracts, lasses (ovoi) on each side.
which are accompanied with an interpretation, ex- The bridges hitherto mentioned cannot be strict-
cept in the case of the Institutions of Gaius as a ly denominated Greek, although the architects by
;
general rule, the text, so far as it was adopted, was whom the last two were constructed were natives
not altered. The Institutions of Gaius, however, of the Greek islands. But the frequent mention of
are abridged or epitomized, and such alterations as the word in Homer proves that they were not un-
arere considered necessary for the time are intro- common in Greece, or, at least, in the western part
duced into the text this part of the work required of Asia Minor, during his time. The Greek term
:
no interpretation, and, accordingly, it has none. for a permanent bridge is ytyvpa, which the ancient
This code is of considerable value for the history etymologists connected with the Gephyrsei (Te<j>v-
of Roman law, as it contains several sources of the paioi), a people whom Herodotus 10 states to have
Roman law which otherwise are unknown, espe- been Phosnicians, though they pretended to have
cially Paulus and the first five books of the Theo- come from Eretria and the etymologists accord-
;
desian Code. Since the discovery of the Institu- ingly tell us that the first bridge in Greece was
tions of Gaius, that part of this code is of less value. built by this people across the Cephissus but such ;
The author of the Epitome of Gaius in the Bre- an explanation is opposed to sound etymology and
viarium paid little attention to retaining the words common sense. As the rivers of Greece were small,
of the original, and a comparison of the Epitome and the use of the arch known to them only to a
and the MS. of Gaius is therefore of little advan- limited extent (vid. ARCUS), it is probable that their
tage in this point of view. The Epitome is, how- bridges were built entirely of wood, or, at best, were
ever, still useful in showing what subjects were dis- nothing more than a wooden platform supported
cussed in Gaius, and thus filling up (so far as the upon stone piers at each extremity, like that of Ni-
1
material contents are concerned) some of the lacu- tocris described above. Pliny mentions a bridge
nae of the Verona MS. over the Acheron 1000 feet in length, and also
A complete edition of this code was undertaken says 1 * that the island Eubcea was joined to Bceotia
by Sichard, in his Codex Theodosianus, Basileae, by a bridge but it is probable that both these works
;
1528, small folio. The whole is contained in the were executed after the Roman conquest.
edition of the Theodosian Code by Cujacius, Lugd., In Greece also, as well as in Italy, the term
15C6, folio. The Theodosian Code and the Novelise bridge was used to signify a roadway raised upon
alone are contained in the editions of Marville and piers or arches to connect the opposite sides of a
1'
Ritter; the remainder is contained in Schulting, ravine, even where no water flowed through it.
Jurispfudentia Vetus Ante-Justinianea, Lugd. Bat., The Romans were undoubtedly the first people
1717. The whole, together with the fragments of who applied the arch to the constniction of bridges,
Ulpian and other things, is contained in the Jus Ci- by which they were enabled to erect structures of
vile Antejustinianeum, Berlin, 1815. 1 great beauty and solidity, 'is well as utility for by ;
known feat of Horatius Codes in the war with city, and the latter with the Janiculum. Both are
Porsenna. 3 In consequence of the delay and diffi- still remaining. The Pons Fabricius was originally
culty then experienced in breaking it down, it was of wood, but was rebuilt by L. Fabricius, the cura-
reconstructed without nails, in such a manner that tor viarum, as the inscription testifies, and a short
each beam could be removed and replaced at pleas- time previous to the conspiracy of Catiline ;" which
ure.* It was so rebuilt by the pontifices,' from passage of Dion Cassius, as well as the words of
which fact, according to Varro, 6 they derived their the scholiast on Horace, 12 warrant the assumption
name and it was afterward considered so sacred,
;
that it was then first built of stone. It is now
that no repairs could be made in it without previous called " Ponte quattro capi." The Pons Cestius is
sacrifice conducted by the pontifex in person.' In by some authors supposed to have been built during
the age of Augustus it was still a wooden bridge, the reign of Tiberius by Cestius Gallus, the person
as is manifest from the epithet used by Ovid : mentioned by Pliny, 13 though it is more reasonable
*' to conclude that it was constructed before the ter-
Turn quoque priscorum Virgo simulacra virorum
mination of the Republic, as no private individual
Mittere roboreo scirpea ponte solet ;"
would have been permitted to give his own name
in which state it appears to have remained at the to a public work under the Empire. 1 * The inscrip-
time of Otho, when it was carried away by an in- tions now remaining are in commemoration of Val-
undation of the Tiber. 9 In later ages it was also entinianus, Valens, and Gratianus, the emperors bj
called Pons jEmilius, probably from the name of the whom it was restored. Both these bridges are rep-
person by whom it was rebuilt ; but who this ^Emil- resented in the annexed woodcut that on the :
lus was is uncertain. It may have been ^Emilius right hand is the Pons Fabricius, and is curious as
Lepidus the triumvir, or probably the ^Emilius Lep- being one of the very few remaining works which
idus who was censor with Munatius Plancus, under bear the date of the Republic the Pons Cestius, on ;
Augustus, ten years after the Pons Sublicius fell the left, represents the efforts of a much later age ;
gelo. A. representation of this bridge is given in at the period when the fine arts aie considered to
the following woodcut, taken from a medal still ex- have been at their greatest perfection at Rome.
taiu. It affords a specimen of the style employed VIII. PONS MILVIUS, on the Via Flaminia, now
Ponte Molle, was built by ^Emilius Scaurus the one of the chief embellishments in all the puolic
3
censor,* and is mentioned by Cicero about 45 years roads and their frequent and stupendous remains,
;
after its formation. Its vicinity was a favourite still existing in Italy, Portugal, and Spain, attest,
place of resort for pleasure and debauchery in the even to the present clay, the scale of grandeur with
licentious reign of Nero.* Upon this bridge the am- which their works of national utility were always
bassadors of the Allobroges were arrested by Cice- carried on. Subjoined is a representation of the
ro's retainers during the conspiracy of Catiline. 5 bridge at Ariminum (Rimini), which remains entire,
Catulus and Pompey encamped here against Lepi- and was commenced by Augustus and terminated
dus when he attempted to annul the acts of Sulla.* by Tiberius, as we learn from the inscription, which
And, finally, it was at this spot that the battle be- extant.
is still It is introduced in order to give the
tween Maxentius and Constantine, which decided reader an idea of the style of art during the age of
the fate of the Roman Empire, took place (A.D. 312). Vitruvius, that peculiar period of transition between
The Roman bridges without the city were far the austere simplicity of the Republic and the pro-
too many to be enumerated here. They formed fuse magnificence of the Empire.
The bridg thrown across the Bay of Baiae by It will be observed that the piers only are of
Caligula,
7
the useless undertaking of a profligate stone, and the superstructure of wood.
prince,, does not require any farther notice ; but The Conte Marsigli. in a letter to Montfaucon,'
the bridge which Trajan built across the Danube, gives the probable measurements of this structure,
which is one of the greatest efforts of human inge- from observations made upon the spot, which -will
nuity, must not pass unmentioned. full account A serve as a faithful commentary upon the tex of 1
:
of its construction is given by Dion Cassius, 8 and it Dion. He considers that the whole line consisted
is also mentioned by Pliny.
9
The form of it is of 23 piers and 22 arches, making the whole briJge
given in the following woodcut, from a representa- about 3010 feet long, and 48 in height, which are
tion of it on the column of Trajan at Rome, which much more than the number displayed upon the
has given rise to much controversy, as it does not column. But this is easily accounted for wKhout
agree in many respects with the description of Dion impairing the authority of the artist's work. A
Cassius. The inscription, supposed to have be- fewer number of arches were sufficient to r,|xri\- the
10
longed to this bridge,is quoted by Leunclavius general features of the bridge, without continuing
and by Gruter. 11 the monotonous uniformity of the whole liue, which
SUB JUGUM KCCE RAPITUR ET DiNUVIUS. would have produced an effect ill adapted to the
purposes of sculpture. It was destroyed by Hadri- confirmed by the fact that he afterward put
to death
an,
11
under the pretence that it would facilitate the the architect, Artemidorus, under whose directions
incursions of the barbarians into the Roman terri- it was constructed.
tories, but in reality, it is said, from jealousy and The Romans also denominated by the name of
despair of being able himself to accomplish any ponies the causeways which in modern language
equally great undertaking, which is supposed to be are termed "viaducts." Of these, the Pans ad
Nonam, now called Ponte Nono, near the ninth
1. (Spart., Hadr., c. 19. Dion,lxix., 797, E.) 2 (Aur. Viet., mile from Rome, on the Via Pranestina, is a fine
De Viris Illustr., c. 27, 8.) <)3 (in Cat., iii., 2.) 4. (Tacit.,
Ann., xiii., 47.) 5. (Cic. in Cat., iii., 2.) 6." (Floras, iii., 23.) specimen.
7. (Dion, lix., 652, E. Suet., Calig., 19.)- 8. (Ixviii., 776, Among the bridges of temporary use, which were
B.) 9. (Ep., viii., 4. Compare Procopins, De .(Edincii*.) 10.
(p. 1041. 6 ) 11. ID 448 3.) 12. (Dion, I. c.) 1. (Giornale de' Litterati d'ltaliu, torn, xxii., p. 116.)
176
BRONZE. URONZP.
made for the immediate purposes of a campaign, particulars are supplied respecting the different COOK
he most celebrated is that constructed by Julius >ositions of bronze and brass. Th<; distinctive term*
Caesar over the Rhine within the short period of should always be observed in speaking of these
It was built entirely of wood, and the substances, &ti the indiscriminate use of them haa
ten days.
whole process of its construction is minutely detail- ed to great error and confusion in describing work*
ed by its author.
1
An elevation of it is given by of art.
Palladio, constructed in conformity
with the ac- There can be no question as to the remote anti-
count of Caesar, which has been copied in the edi- quity of metallurgy though at what precise period
;
tions of Oudendorp and the Delphin. he various metals were known, in what order they
Herodian, and Lucan* mention the
3 were discovered, and by what processes extracted
Vegetius,"
to support either simply, or by reducing their ores when they
nse of casks cupa) by the Romans,
(dolia,
rafts for the passage of an army and Vegetius* ;
were found in that state, there are no satisfactory
for the Roman army to means of judging. In the twenty-eighth chapter of
says that, it was customary
hollowed he book of Job we read, " Surely there is a vein
carry with them small boats (monoxuli)
out from the trunk of a tree, together with planks "or the silver, and a place for gold where they fine
and nails, so that a bridge could be constructed and t. Iron is taken out of the earth, and brass (cop-
bound together with ropes upon any emergency )er) is molten out of the stone." This passage,
without loss of time. Pompey passed the Euphra- aken as a whole, and supported as it is by various
tes by a similar device during the Mithradatic war.' ntimations .throughout the Pentateuch, shows that
The annexed woodcut, taken from a bas-relief on advances had been made
at this early period greater
the column of Trajan, will afford an .idea of the n mining and the metallurgic arts than is usually
general method of construction
and form of these supposed. There is the same dearth of exact in-
bridges, of which there are several designs upon brmation on the practice of the metal-founders and
the same monument, all of which greatly resemble workers of the archaic ages, even after the different
each other. substances were known, and objects of imitative
art had been executed in them.
The most ancient Greek bronzes extant are com
Dosed simply of copper and tin and it is remarka
;
When the Comitia were he'd, the voters, in or- is a boustrophedon inscription, now in the British
der to reach the enclosure called septum and ovile, Museum portions of the breastplates of a piece of
;
passed over a wooden platform, elevated above the armour called the Bronzes of Siris, also preserved
ground, which was called Pans Suffragiorum, in or- in our national collection and an antique swoit1
;
der that they might be able to give their votes with- found in France, produced in 100 parts,
out confusion or collusion. 87-43 and 88 copper
Pons is also used to signify the platform (em6d- 12-53 and 12 tin
fjsa, uTTofjuflpa) used for embarking in, or disem- 99i6 100"
barking from, a ship. At a later period than that to which some of the
" Interea JEneas sociot de altis
puppibus above works may be referred, the composition of
1
Pontibus exponit."" bronze seems to have been a subject to which the
The method of using these panics is represented greatest attention was paid and the addition of a ;
in the annexed woodcut, taken from a very curious variety of metals seems to have been made to the
it may be so called) combination of
representing the history of the Trojan war,
intaglio, original (if
discovered at Bomlla towards the latter end of the copper and tin. The few writers on art whose
I7th century, which is given by Fabretti, Syntagma evidence has reached our times, make particular
If Column.
Trajani, p. 315.
mention of certain of these bronzes, which, not-
withstanding the changes they underwent by the
introduction of novel elements, were still ranked
under the words xakKoq and as. That which ap-
pears to have held the first place in the estimation
of the ancients was the as Corinthiacum, which
some pretended was an alloy made accidentally, in
the instance, by the melting and running to-
first
176
BRONZE. BRONZE
blance to that of the liver (jfrrap). Pliny says it was the accounts that have been brought down to us aie
inferior to tin: Corinthian bronze, but was greatly to be credited, to have existed in very eariy times.
so great that the island of Delos became the mart ue of Athamas, in which he proposed to himself the
to which all who required works of art in metal difficult task of producing the effect of shame, o
crowded, and led, in time, to the establishment there blushing, by using a mixture of iron with the bronzt
of some of the greatest artists of antiquity. Next in which the work was executed (JEs ferrumque
competition with it, the
to the Delian, or, rather, in miscmt, ut rubigine ejus per nitorem ce.ris relucentt
tes JEgineticum was esteemed. We
are told that exprimeretur verecundice rubor). Plutarch tells ui
no metal was produced naturally in ^Egina, but the that a statuary called Silanio or Silanion made
founders and artists there were so skilful in their statue of Jocasta dying, and so composed his met
composition of bronze, that the island acquired als that a pallid appearance or complexion was pro-
great celebrity on that account. Two of the most duced. This, it is said, was effected by the intro-
distinguished among the sculptors of ancient times, duction of silver. Callistratus speaks of a statue
Myron and Polycletus, contemporaries of Phidias, of Cupid by Praxiteles, and another of Occasion
not only showed their rivalry in producing the finest (Kaipoc), represented under the form of a youth ;
works of art, but also in the choice of the bronze also one of Bacchus by Praxiteles all of which ;
they used. Myron, we are informed, always pre- were remarkable for the colour of the bronze imi-
ferred the Delian, while Polycletus adopted the A
tating the appearance of nature. bronze relievo
1
^Eginetan mixture emulatio autem et in mater iafuit. of the battle of Alexander and Porus is also refer-
From a passage in Plutarch, it has been supposed red to for its truth of effect, produced by the blend
that this far-famed Delian bronze was of a light ing of colours, and which rendered it worthy to be
and somewhat sickly tint." Plutarch says that in compared with the finest pictures.
his time its composition was unknown. With the very limited data we possess, it is im-
Of some of the other bronzes enumerated in the possible to offer much conjecture upon these state
writings of the ancients, little or nothing is known ments, or to say how much or how little they are
beyond the titles. Three of these are the <ES De- to be relied upon. Some of the accounts are most
probably inventions of the fancy some of then*
3
monnesium, the as nigrumf and the Tartessian ;
*
bronze (1 'aprr/vcriof ^aA/cof ) mentioned by Pausanias .
may be founded on facts greatly overcharged, thu
Before quitting the subject of mixtures of metals, effects described being produced by overlaying the
it may be right to allude to a composition mentioned metal with colour, or in some cases, perhaps, bj
by Pliny* under the title of aurichalcum, written also what is now called plating. A slight acquaintance
onchalcum, which some writers have supposed was with the nature of metal, and the processes of
en established bronze composed of gold and bronze, founding, will be sufficient to convince any one cf
or, at least, of gnld and copper. It is possible there the impracticability of effecting (at least by melting
may have been a factitious substance so designa- the materials together, and so producing variety of
ted ;
but the true meaning of the word appears to tints) what it is pretended was done in some of the
be mountain-metal, from the Greek words ovpog or instances referred to.
opoc, a mountain, and x a^ K S and the accidental
: The earliest mode of working in metal among the
similarity of soun.'J has doubtless led modern wri- Greeks seems to have been with the hammer by ;
ters into error respecting the meaning of the first beating out lumps of the material into the form pro-
two syllables, and into the belief that it was in- posed, and afterward fitting the pieces together by
tended to designate the combination of the two means of pins or keys. It was called aQvprj^arov,
metals alluded to. Reference to the passage in from c<j>vpa, a hammer. Pausanias 3 describes this
Pliny will make this clear to the reader. He says process in speaking of a very ancient statue of Ju-
distinctly it was not found in his time, the mines piter at Sparta, the work of Learchus of Rhegium
which produced it being exhausted. With respect to its supposed antiquity, Pausanias
Although, strictly speaking, it does not belong to can only mean that it was very ancient, and of the
our subject, a mixture, which was employed and archaic style of art. The term sphurelata is used
much esteemed by the ancients, may be mentioned by Diodorus Siculus in describing some very ancient
in this place. It was called electrum, and was com- works which are said to have decorated the cele-
posed of gold and silver in certain proportions. It brated gardens and palace of Ninus and Semiramis
3
was, in all probability, only used for extraordinary at Babylon. Pliny mentions a statue of Diana
purposes. Thus Helen is said to have dedicated, in Anaitis worked in the same way and, that there ;
the Temple of Minerva at Lindus, a cup made of may be no doubt that it was of solid hammer-work,
tlectrum, of the exact size and form of one of her he uses two expressions to convey his meaning.
own breasts (Minerva templum habet Lindas The statue was of gold, and the passage describing
" Aurea statua
in quo Helena sacravil calicem ex electro. Adjicit it has given rise to much discussion :
ych.)-4. (Philostrat.) 5. (vi., 19, $ 2.) 6. (H. N., xxxiv., 2.) 1. (xxxiv., 40.) 2. (iii., 17, ^ 6.) 3 (H. N , xxxiii., 24 i4.
-
7. (Plin., H. N., xxxiii., 23.) (ix., 12, t> 3.)
177
BRONZE. BRONZE.
1
Museum The subject is a small head of Osiris^ lanv a&Ti) rift aidi/pa 6eafj.6f. Pliny, in like manner
;nd t&e wood is stillremaining within the metal. speaks of a solder under the of plumbum argcn* title
It is extremely difficult to determine at what date together is a matter of doubt, the rust that has ac-
the casting of metal was introduced. That it was cumulated, both within and without, quite pieclu-
known at a very early period there can be no doubt, ding the possibility of minute and satisfactory ex-
although it may not have been exercised by statua- amination. Some of them appear to have been fit
ries in European Greece till a comparatively late ted together somewhat in the manner called dove
date. The art of founding may be divided into tailing, and then pinned; but whether they were
three classes or stages. The first is the simple then soldered, or merely beaten together with the
melting of metals ; the second, casting the fused hammer, and then worked over to make the surface
metals into prepared forms or moulds ; and the entire, cannot be determined. The modern practice
third, casting into a mould, with a core or internal of burning the parts together seems, as far as there
nucleus, by which the metal may be preserved of a are opportunities of judging, to have been quite un-
determined thickness. The first stage must have known to the ancients.
been known at a period of which we have no record The finest collection of ancient bronzes is in the
beyond that intimation especially alluded to in Job, Museo Borbonico at Naples. They have been found
which establishes the fact that some of the process- chiefly in the ruins of Herculaneum and Pompeii,
es of metallurgy were well known when that book and among them are some examples of great skill
was com posed. The earliest works of art described and beauty. A
few of the heads offer peculiarities
as of hammer-work were probably executed in in the treatment of the hair, the small corkscrew
lumps of metal that had already undergone -this curls, and the ends of the beards being formed of
simple preparation. The casting of metal into separate pieces of metal fastened on. Several of
moulds must also have been practised very early. the statues have the eyes of paste and of stones,
There are no means of knowing of what material or sometimes of a different metal from the material
or composition the forms or moulds were made, but of the rest of the work. Silver was often united
in all probability clay (dried, and then perhaps with bronze. Cicero mentions a statue of " Apollo
baked) was employed for the purpose. The cir- (Eneus, cujus in femore litterulis minutis argenteis no-
cumstance of a spot where clay abounded having men Myronis crp.t inscriptum." 3 In a bronze statue
been chosen for the founding of the bronze works of a youth, in the collection at Paris, are the re-
for the Temple of Solomon supports this supposi- mains of a Greek inscription in silver letters. They
tion. Of course, all the earliest works produced in are inserted into the left foot. The Museo Borbon-
this stage of the art must have been solid. The ico possesses some examples of inlaid silver-work.
third process, that of casting into a mould with a There are also instances of it in the collection of
core, was an important step in the statuary's art. bronzes in the British Museum.
Unfortunately, there is no record of the time, nor of The .names of few sculptors, or, rather, statuaries
the mode in which this was effected by the ancients, of celebrity, have reached us who were not chiefly
unless we consider the statements of Pausanias of distinguished for the excellence of their works in
sufficient authority for the date of the various dis- bronze. Theodorus of Samos has already been
coveries among the Greeks. His account would mentioned Gitiadas of Sparta and Glaucias of
;
imply that the art of casting was not known before ./Egina may be added as holding an eminent place
the time of Theodoras of Samos, who probably lived among the earlier artists in bronze. list of the A
between eight and seven hundred years before our statuaries of Greece who excelled in works in met
1 3 3
era. Herodotus, Pliny, and Pausanias make al would almost be a history of sculpture. It wil
honourable mention of Rhcecus and Theodorus. be enough to state that Ageladas, the master of
Pausanias says* that they first invented casting in Phidias, Phidias, Alcamenes, Agoracritus, Polycle-
bronze (dte^env ^n/l/cov Kal ayaA/zara exuvevaavTo). tus, Myron, Praxiteles, and Lysippus exercised,
Pliny, who seems to have written down whatever and contributed to bring to perfection, this branch
he heard, says,* "In Same primos omnium plasti- '
of art. Bronze-casting seems to have declined in
ce' invenisse Rhcecum et Theodorum ;" but he proves Greece soon after the time of Alexander the Great,
the incorrectness of this statement by
recording about 330 B.C. The accounts given of the number
an instance of the proficiency of Theodorus in his of works executed about that period almost exceed
art, when he says "He cast a bronze statue of belief. Lysippus alone is said, according to Pliny,
himself, holding in one hand a file On allusion, to have produced above 600, or, according to anoth-
probably, to his profession), and in the other a quad- er reading, above 1500.*
riga of such small dimensions that a fly might The Romans were never distinguished for the
coyer
it with its
wings :" an example of practical cultivation of the arts of design and, when statues ;
skill that at once places him in a much more ad- were required by them in the earlier period of their
vanced rank in his art than the inventor of its first history, they were obliged to call in the aid of Etrus-
and most simple process coujd have attained. can artists. Afterward, as their empire was ex-
The ancients used something answering the pur- tended, the city was filled with the works of the
pose of a solder for fastening the different pieces best schools of Greece, and numbers of artists of
of metal together but it is difficult to determine
; that country, no longer able to find employment at
whether the term KoX^rja^ means a solder or only home, established themselves in the capital of the
a species of glue. Pausanias distinctly speaks of it West. Zenodorus is said to have executed some
as something different from nails or cramps, and magnificent works in the time of Nero and the re- ;
gives us the name of its inventor, Glaucus of Chios. mains of art of the time of Trajan, Hadrian, and the
He is speaking of a vase of iron, which he says was Antonines, prove that artists of great skill were liv-
the work FAav/cov rov Xiov. aid^pov KOA^nacv ing at the date of those emperors. Many of the
ovToe pavij 6e i] /coAAa avvfyei TE, KOI
1. (x., 16, I) 1. Compare Herodotus, i., 25, who speaks ei
InoKprjrnpi&iov ctff/pcov KoXXrirdv.) 2. (H. N..XXXJV., 17.) 1
1. (Pau., iii., 12, $ 8.) 2. (i., 51 ; iii., 41, 60.) 3. (H. N., (Verr., iv., 43.) 4. (Plin., H. N., xxziv., 17-- Sillig, Cat.
; - A
txxr., 43, &c.) 4, (viii., 14, $ V) 5. (1. c.) . v. I.y-
tif.,
178
BRYO?*. BUBALIS.
5. To the Usneaby Dioscorides, Galen,
1
examples of bronze works that have reached us ex ophrastus.
hibit signs of having been gilt, and the writers o and Paulus .<Egineta. a The term Usnea is borrow
.antiquity refer occasionally to the practice. It does ed from the Arabian medical authors, and applied
not seem to have been employed till taste had mud to a genus of Lichens. 6. To the grape of the
probably when the value and rich white poplar.* 7. To a kind of shrub like lettuce.
4
deteriorated ;
ness of the material were more highly estimated *BRYON'IA (Ppvuvia), a species of wild vine,
than the excellence of the workmanship. Nero Bryony. The name flpvuvia was applied to two
commanded a statue of Alexander, the work of Ly- kinds of vine, the a/zTre/lof Aei'/cj?, or white vine (th* 1
sippus, to be gilt but Pliny 1 tells us it was founc Bryonia alba of Pliny), and the uyujre/lof [i&aiva, 01
;
to injure the beauty and effect of the work, and the black vine (Bryonia nigra). The term, however, is
gold was removed. more properly applied to the latter of the two. It
The greatest destruction, at one time, of ancient is the same with the Tamus Communis, L. 8
works of art is supposed to have occurred at the *BU'BALIS or BU'BALUS (J3ov6afaf or -o f ), I.
taking of Constantinople, in the beginning of the names first applied by Aristotle* and his successors
thirteenth century. The collection of statues haci to a species of Antelope, most probably the Stag-
been made with great care, and their number had like Antelope. "How these writers," observes
accumulated to an amount which seems quite sur- Lieutenant-colonel Smith, "came to designate such
prising when it is considered how long a time had an animal by an appellation which is symphonic
elapsed since art had been encouraged or protected. with that of the Buffalo in all the dialects of North-
At the period alluded to we are told that some of ern and Central Asia, cannot be explained but by
the finest works of the ancient masters were pur- the supposition that Aristotle gave that name in
posely destroyed either in mere wantonness, or consequencp of some imperfect information which
;
with the view of turning the material into money, he may have obtained on this subject through the
or for sale to the metal founders for the value of Macedonian invaders of Eastern Persia. It is wor-
the bronze. Among the few works saved from this thy of remark, however, that in the case of those
devastation are the celebrated bronze horses which animals of a large size that used, until of late, to be
now decorate the exteiior of St. Mark's Church at cla? jed with the antelope, the more equivocal char-
Venice. They have been ascribed, but without suf- acteristic approximates them to the Bovine nearly
ficient authority, to Lysippus. as much as to the Caprine nature. Hence the nat-
Before taking leave of the subject of metal- work- uralists of the present day ha"e found it necessary
ing, it may be right to add a few words upon toreutic to interpose a new genus, the characters of which
art (ropEVTiKfj). From the difference of opinion should embrace the evanescent distinctions of An-
that exists among antiquaries and scholars, it is and Ovis, together with the incipient
telope, Capra,
easier to say what it is not than what it is. Some characters which show the approximation to Bos.
believe it to be equivalent to the cadatura of the This is the Genus Damalis. The native names ol
J.atins, which seems to mean chasing. Others sup- the animals thus generically separated, import that
pose it means the art of turning, from ropvof and they are considered distinct from the Antelope in
:
others think it applies to works in relievo, from ro- their own countries and although no great stress ;
pof, clear, distinct. Some believe it is the art of should usually be laid upon local names, yet it would
uniting two or more metals and others, that it is the ;
be treating the knowledge and experience of the
union of metal with any other matefial. Millingen, resident nations with an indiscriminating indiffer-
who is one of the best authorities on such subjects, ence, if, upon inquiry, it should be found that, from
" The art of
says, working the precious metals ei- the earliest antiquity to the present time, every peo-
ther separately, or uniting them with other substan- ple who have intimate knowledge of the animals
ces, was called toreutice. It was known at a very under consideration should agree in bestowing one
early epoch, as may be inferred from the shield of generical designation upon them, and yet that such
Achilles, the ark of Cypselus, and other productions designation should be rejected by systematic wri-
of the kind." 3 There is an example of this kind of ters for one less analogous. Such, however, is the
work, noticed by the above writer, in the British ase with the groups of animals before us, which,
Museum. It is not cast, but consists of very thin whether they be Indian or African, have in their lo-
laminated plates of silver, beaten or punched out, names either something that shows their separ-
and chased. The relief is bold, and the accessories ation from Antelope, or, what is more common, a
are of sheet gold, overlaid. ;eneric indication, which proves them to be regard-
*BRUCUS or BRUCHUS (ppovnoe, PpovX oc), a id as more nearly allied to Bos than to C ira.
very formidable species of locust, described by The- Where the Persian, Arabo-Indee, and Eastern and
ophrastus as the most destructive of their kind. Western Arabic are concerned, it appears that all
3
The term, however, does not appear to have been the species we are about to enumerate will be found
very well defined by the Greek writers.* The Bru- designated by the generical word Ghau. ox' or
'
chus in the Linnaean system is an insect that com- cow;' Bakr, 'oxen,' 'cows,' in the Arabic, or
mits great ravages on the different grains of the ma- Bakrah in the Persian. The appellation g ven by :
jority of leguminous plants, and of some kernel \ristotle may, after these remarks, be easily traced
7
fruits, and particularly on beans, lentils, vetches, to its source."
and pease. 4 The /JpoCjof of the ancients appears *ll. The Buffalo. "The name Bubdis is assert-
to have been the same with the Cossus of Pliny and d to have been transferred from the Antelope Bu-
s
F-etus. >alis of authors (Genus Damalis) to the animals of
BRYON (f3pvov), a term used in a variety of .he Buffalo group, during the sixth century of the
senses: 1. As applied to the germe of a flower by loman Empire. It is true, as Buffon maintains,
2. To the male Catkins by the same
7
Theophrastus. hat Aristotle, Pliny, and Oppian did not know the
writer.* 3. To the flowers or corollas by the same, 9 3uffalo by the name of Bubalis, but it cannot be de-
10
ad also by Nicander. 4. To the sea-algae by The- nied that, in the age of Martial, 8 this name was
Jy, that the vulgar were already familiarized with The musical instrument buccina nearly resemb!*"
itas early as the time of the Flavian line. Now in shape the shell buccinum, and, like it, might al
the Dubalis of Aristotle must have been a rare ani- most be described from the above lines (in the lan-
mal, which certainly bore no such Greek name in guage of conchologists) as spiral and gibbous. The
its native regions, and therefore the word itself two drawings in the annexed woodcut agree with
originated and became common in some
other way. this account. In the first, taken from a frieze, 1 the
The learned among the ancients were as liable to buccina is curved for the convenience of the per-
misapply appellations of strange animals as the mod- former, with a very wide mouth, to diffuse and in-
erns, and the Arachosian oxen of Aristotle may crease the sound. In the next, a copy of an ancient
8
have been known to the Greek soldiers of Alexan- sculpture taken from Blanchini's work, it still re-
der by another name ; indeed, by the name which tains the original form of the shell. According tft
it appears the Buffalo bore among the northern na-
that the power of the Huns did not extend into the The sound of the buccina was called buccinus, an<?
Chorasmia, the the musician who played it buccinator (in Greek /Jt>
northern provinces of Persia or
Avars and Bulgarians may be
regarded as the con-
ductors of that species to the
valley of the Danube, *BU'CERAS (fiovKepac), the herb Fenugreek, Tn-
Thrace, and Illyricum. This was probably Grcecum. The name is derived from
during gondlafcenum
" an " a
the reign of Marcian, or about ox," and Ktpac,
453, and the subse- /3ovc, horn," the seed re-
quent introduction of the animals into Italy might sembling the horn of an ox. Other appellations foi
result from causes not connected with the this same plant, as given by Dioscorides and
migra- Pliny,
tions of barbarians." 1 are telis, carphos, agoceras, ceraztis, lotus, and itasis,
*BUBO, the Horned Owl. (Vid. GLADX.) The Roman writer gives a long account of its sev-
BUC'CINA (fivKavn), a kind of horn-trumpet, an- eral uses in the healing art, especially in female
ciently made out of a shell. It is thus happily de- complaints.
13
neck, and especially by the sons of the noble and these authorities were in error, and holds it to be
v/ealthy. Such a one is called hares bullatus by the Pimpinella tennis, Sieb. 9
Juvenal. 6 His bulla was made of thin plates of gold. *BUPRESTIS (povTrpncTic.), an insect treated of
Its usual form is shown in the annexed woodcut,
by all the ancient writers on Toxicology. It pi vre*
which represents a fine bulla preserved in the Brit- fatal to cattle when eaten among the grass, produ-
ish Museum, and is of the size of the original.
cing a burning sensation, whence it derives its
name (/3ot>f, "an ox" or "cow," and npfidu, "to in-
flame"). Belon mentions that he found in Greece a
species of Cantharis, which corresponded with the
ancient description of the Buprestis. " In
fact,"
" there is
says Adams, every reason to identify it
with the Meloe vesicatoria, often mistaken for the
Spanish fly." The Buprestis of the ancients musi
not be confounded with the Buprestis of Linnaeus. 1 *
BURIS. (Vid. ARATRUM, p. 79.)
BUSTUA'RII. (Vid. BUSTUM.)
BUSTUM. It was customary among the Ro
mans to burn the bodies of the dead before burying
them. When the spot appointed for that purpose
adjoined the place of sepulture," it was termed 'ws-
1 * 13
tum, and hence that word is said by Cicero to be
synonymous with rv/i6o<; when it was separate
:
it sometimes
served, like other ornaments or play-
8 1777, several blocks of travertine stone (Tiidov Xev-
things (crcpundia), to recognise a lost child. Prob-
9
Kov 11 ) were discovered in the space before the Church
ably, also, it contained amulets. of San Carlo at Corso, upon which were inscribed
Instead of the bulla of gold, boys of inferior rank,
the names of several members of the family of Au-
including the children of freedmen, wore only a
l
piece of leather (lorum ; nodus lantum ct signum de 1. (Pers., v., 31.) 2. (HI., i., 1.) 3. (Spon, Misc., p. 299.
11
libertinis scortea 13 ). Middleton, Ant. Mon., tab. 3.) 4. (R. R., ii., 5.) 5. (Sat., ii.,
paupere loro ;
ult.) 6. (Georg., ii., 102.) 7. (H. N., xiv., 1.) 8. (Commen
quence of the belief that the Manes were gratified ancient writer, that the Phrygians called butter in
xepiov (pikerion}, and that the Greeks seem to have
1
bj blood.
II. BUSTUARI^:, women of abandoned character, borrowed the word from that people. 9 The poet
Anaxandrides, who lived soon after Hippocrates,
3
inter busta ac monumenta prostantes.
describing the wedding of Iphicrates, who married
3
III. Bus-n'RAFi, persons suffering the extreme
of poverty so called because they satisfied their
;
the daughter of Cotys, king of Thrace, and the
cravings by snatching from the flames of the funer- Thracian entertainment given on that occasion,
al pyre the bread and other eatables which the su- says that the Thracians ate butter, wliich the
perstition of the living dedicated to the dead.* Greeks at that time considered a wonderful kind
Bustum is also used for the hollow space on the of food.* It is very remarkable, that the word foi
8
top of an altar in which the fire was kindled. butter does not occur in Aristotle, and that he even
*BUTY'RUM (povrvpov), Butter. "This sub- scarcely alludes to that substance, though we find
stance," observes Beckmann, "though commonly in his works some very proper information respect-
used at present in the greater part of Europe, was ing milk and cheese, which seems to imply careful
known very imperfectly to the ancients to some, ;
observation. At first he gives only two component
indeed, it was not known at all. The translators parts, the watery and caseous but he remarks af- ;
of the Hebrew writings seem to have thought that terward, for the first time, in a passage where one
6
they found it mentioned in Scripture, but those littleexpects it, that in milk there is also a fat sub-
best acquainted with Biblical criticism unanimously stance, which, under certain circumstances, is like
agree that the word chamea signifies milk or cream, oil.* In Strabo there are three passages that refer
or sour thick milk, and that, at any rate, it does to this subject, but from which little information
not mean butter. The word plainly alludes to can be obtained. This author says that the Lusi-
something liquid, as it appears that chamea was tanians used butter instead of oil 8 he mentions the ;
used for washing the feet, that it was drunk, and same circumstance respecting the Ethiopians ;' and
that it had the power of intoxicating and we know ;
he relates in another place, that elephants, when
that mare's milk, when sour, will produce the like wounded, drank this substance in order to make
effect. We can imagine streams of milk, but not the darts fall from their bodies. 7 The use of butter
streams of butter. This error has been occasioned by the Ethiopians or Abyssinians is confirmed by
by the seventy interpreters, who translate the He- Ludolfus. 8 ,<Elian also states that the Indians
brew word by the term boutyron (flovrvpov). These anointed the wounds of their elephants with butter
translators, who lived two hundred years after Hip- Aristotle, however, makes the wounded elephants
pocrates, might, as Michaelis remarks, have been drink oil, and not butter 9 but the difficulty may
;
acquainted with butter, or have heard of it but it ; easily be obviated by supposing the butter spoken
is highly probable that they meant cream, and not of by Strabo to have been in a liquid state. We
our usual butter." are told by Plutarch that a Spartan lady paid a visit
" The oldest mention of to Berenice, the wife of Deiotarus, and that the one
butter, though dubious
and obscure, is in the account given of the Scythi- smelled so much of sweet ointment, and the other
ans by Herodotus. 7 According to the historian, of butter, that neither of them could endure the
they poured the milk of mares into wooden vessels, other. 10 Was it customary, therefore, at that peii-
caused it to be violently stirred or shaken by their od, for people to perfume themselves with butter I
1 '
blind slaves, and thus separated the part that arose " The remarks of Dioscorides and Galen on tho
to the surface, which they considered more valua- present subject are of much more importance. Tho
ble and more delicious than that which was collect- former says that good butter was prepared from the
ed below it. Herodotus here evidently speaks of fattest milk, such as that of sheep or goats, by sha-
the richest part of the milk being separated from king it in a vessel till the fat was separated. To
the rest by shaking and that what he alludes to
;
this butter he ascribes the same effects, when used
here was would plainly appear from
actually butter, externally, as those produced by our butter at pres-
comparing with what he says the much clearer ac- ent. He adds also, and he is the first writer that
count of his contemporary Hippocrates. The '
makes the observation, that fresh butter might be
Scythians,' remarks this latter writer, 'pour the melted, and poured over pulse and vegetables in-
milk of their mares into wooden vessels, and shake stead of oil, and that it might be employed in pastry
Galen, who
11
it violently this causes it to foam, and the fat
;
part, in the room of other fat substances.
which is light, rising to the surface, becomes what distinguishes and confirms, in a more accurate man-
is called butter (d
fjovrvpov /caXovtri).' Mention of ner, the healing virtues of butter, expressly remarks
butter occurs several times, in fact, in the
8
writings that cow's milk produces the fattest butter ; that
of Hippocrates, and he prescribes it externally as butter made from sheep's or goat's milk is less rich ;
a medicine he gives it, however, another name, and that ass's milk yields the poorest. He express-
;
pikerion (TTLKEPIOV), which seems to have been in use es his astonishment, therefore, that Dioscoriiaa
among the Greeks earlier than the former, and to should say that butter was made from the milk of
Mave been afterward neglected. That this word sheep and goats. He assures us that he had seen
it made from cow's milk, and he believes it had
man, De Fun. Rom., iii., 22.) 3. (Plaut., Pseud., I., iii., 127.)
4. (Compare Terent., Eun., III., ii., 38. Lucil., Sat., xxvii.,22, 1. (ed. Basil., fol. v., p. 715.)2. (Erot., Lex. Fabric., Bibl.
Grac., 571.)
iv., p. 3. (Athenscus, iv., p. 131 ) 4. (II. A., iii.
20.) 5.
(iii., p. 155.) 6. (xvii., p. 1176.) 7 (xv.,p 1031.) 8
(Hist. JEthiop., iv., 4, 13.) 9. (^Elian, N. A., xiii., 7 Aristot.,
pare Bochart, Hieroz., ii., 45, col. 473.) 7. (iv., 2.) 8. (De H. A., viii., 31.) 10. (Adv. Colotem., p. 1109.) --11. (Mat
Morb., lib. iv., ed. 1595, fol. v., p. 67. De Nat. Mul., sect, v
Med., ii., 81, p. 107.) 12. (De Simpl., Med. Facult , lib. x., p.
p. 137. De Morb. Mul., 2, sect, v., p. 191, 235, &c.) 151.)
188
BUXUS. CABE1RIA.
cheese,' 'coagulated milk,' was a favourite with situationsthe piaces most famed for its growlt
;
the Greek and Roman writers, but is altogether er- are mentioned in the befinning of the previous ar
" Box-wood is an
roneous. The term is of foreign origin, and the tide. unique among timber, and
reader may see some curious speculations on this combines qualities which are not found existing to-
subject in the Vorhalle of R itter, who seeks to con- gether in any other kind. It is as close and
heavy
nect the name with the mythology of Boudha, and as ebony not very much softer than lignum, vitas, ,
;
with the germe of civilization introduced into the it cuts better than any other wood
and, when an ;
West by the sacerdotal colonies from India. 1 edge is made of the ends of the fibres, it stands bet
" From what has thus far been
said, it would ap- ter than lead or tin, nay, almost as well as brass.
pear that butter must have been very little known Like holly, the Box is very retentive of its sap, and
to, or used by, the Greeks and Romans, till the time warps when not properly dried though, when suffi- ;
of Galen, that is, at the end of the second century. ciently seasoned, it stands well. Hence, for the
It appears, also, that when they had learned the art wooden part of the finer tools, for everything that
of making it, they employed it only as an ointment requires strength, beauty, and polish in timber, there
in their baths, and particularly in medicine. Pliny is nothing equal to it. This will explain why so
recommends it, mixed with honey, to be rubbed over many different articles among the ancients were
children's gums, in order to ease the pain of teeth- made of this wood. (Vid. BUXUM.) There is one
ing, and also for ulcers in the mouth.* The Ro- purpose for which box, and box alone, is properly
mans, in general, seem to have used butter for adapted, and that is the process of xylography, o'r
anointing the bodies of their children, to render engraving on wood."
them pliable 3 and we are told that the ancient
;
*BYBLUS (/M0Aof), the plant from which the
Buigundians smeared their hair with it.* If we Egyptians formed paper, the Cyperus Papyrus.
except the passage of Dioscorides already referred (Vid. PAPYRUS.)
to, we find no proof whatever that it was used by BYSSUS (/M(T<70f). It has been a subject of some
the Greeks or Romans in cookery, or the prepara- dispute whether the byssus of the ancients was
tion of food. No notice is taken of it by Apicius ;
cotton or linen. Herodotus 1 says that the mum-
nor mentioned by Galen for any other but med-
is it mies were wrapped up in byssine sindon (aivdovof
ical purposes. This is easily accounted for by the f3vaacvT) rehautiat), which Rosellini and many mod-
ancients having entirely accustomed themselves to ern writers maintain to be cotton. The only deci-
the use of oil and, in like manner, butter at pres-
;
sive test, however, as to the material of mummy-
ent is very little employed in Italy, Spain, Portugal, cloth, is the microscope and from the numerous ;
a nd the southern parts of France. One chief cause examinations which have been made, it is quite
of this is the difficulty of preserving it for any length certain that the mummy-cloth was made of flax,
of time in warm countries and it would seem that ;
and not of cotton and, therefore, whenever the an-
;
among the ancients in the south of Europe it was cient writers apply the term byssus to the mummy
rather in an oily state, and almost liquid. The cloth, we must understand it to mean linen.*
Northern nations, in modern times, cut, knead, and The word byssus appears to come from the He
spread butter; the ancients poured it out as one brew butz (j^a),
and the Greeks probably got it
3
pours out oil. Galen, for example, tells us, that to through the Phoenicians. Pausanias* says that
make soot of butter (which was used in curing in- the district of Elis was well adapted for growing
flammations of the eyes, and other" disorders;, the byssus, and remarks that all the people whose land
cutter must be poured into a lamp." For more in- is adapted for it sow hemp, flax, and byssus. In
formation on this subject, the reader is referred to another passage* he says that Elis is the only place
Beckmann's History of Inventions.* in Greece in which byssus grows, and remarks that
BUXUM properly means the wood of the Box- the byssus of Elis is not inferior to that of the He
tree, but was given as a name to many things made brews in fineness, but not so yellow (^avdrj). The
of this wood. According to Strabo," the best box- women in Patrae gained their living by making
trees grew in the district of
Amastriane, in Paphla- head-dresses
(KeKpyQaTioi),
and weaving cloth, from
gonia, and especially in the neighbourhood of Cyto- the byssus grown in Elis.'
rus.
7
Pliny also names the Gallic, Pyrensean, Ber- Among later writers, the word byssus may, per-
ecyntian, Corsican, and Macedonian box-wood. haps, be used to indicate either cotton or linen
7
The tablets used for writing on, and covered with cloth. Bottiger supposes that the byssus was a
wax (tabula cerata), were usually made of this wood. kind of muslin, which was employed in making the
Hence we read in Propertius, celebrated Coan garments. It is mentioned in the
8
"
Vulgari buxo sordida cera fuit."* Gospel of St. Luke as part of the dress of a rich
These tabella were sometimes called cerata buxa.
man 'EvedMaKero iroptyvpav KCLI /Hvaaov.* It was
:
nal 13 speaks of caput intactum buxo. 1 * gian Cabiri, the most mysterious and perplexing
*BUXUS (irvl;o(;), the Box-tree, or Buxus Scmpcr- deities of Grecian mythology, were worshipped,
virens, L. The Box loves cold and mountainous but especially in Samothrace, Imbros, Lemnos, 13
Thebes, Anthedon, Pergamus, and Berytos. Lit-
1. (Vorhalle, p. 121.) 2.
(H. N., xxviii., 19.) 3. (Tertull.,
Adv. Marcion., iii., (Sidon. Apoll., carm. 12.) 5. (vol.
13.) 4. 1. (ii., 86.) 2. (Egyptian Antiquities, vol. ii , p. 182-196,
ii., p. 372, seqq.) fi. 7. (H. N., xvi., 28.)
(xvi., 28.) 8 (III., Lond., 1836.) 3. (Vid. Gesenius, Thesaurus.) 4. (vi., 26, $ 4.
xxii., 8.) 9. (Exod., xxiv., 12. Compare la., xxx., 8. Hab., 5. (v., 5, <) 2.) 6. (Paus.,vii.,21,$7.) 7. (Sabina,ii.,p. 105
ii., 2.) 10. (Virg., JEn., vii., 382.) 11. (Pers., iii., 51.) 12. 10.
8. (xvi., 9.) 9. (Compare Hev., xviii., 12.) (Hesych.)
(Ovid, Ep. ex Pont., I., i., 45. Compare Met., xii., 158. Fast., II. (H. N., xix., 4.) 12. (Cnom., vii., 75.) 13. (Paus., ix., 25,
vi., 976. Virg. (JEa.,ix.,619..) 13. (Sat., xiv., 194.) 14. (Com- I) 5 :
iv., 1, $ 5 ; ix., 22, $ 5 :
4, $ 6. Euseb., Prep. Evang.,
" Detonsos crines ,
which, if we may judge from those of Lemnos, 1000 drachmas but this is probably to be explained
;
were solemnized every year, and lasted for nine by supposing that Demosthenes brought two actions
days. The admission was not confined to men, for nanrj-yopiaf, one on his own account, and the other
we find instances of women and boys being initi- on account of the insults which Meidias had com-
3
ated.' Persons on their admission seem to have mitted against his mother and sister.
respecting the life This action was probably brought before the thea-
undergone a sort of examination
4 then purified of all mothetae,* to whom the related ii&pEug ypafyfj be-
they had led hitherto, and were 6
their crimes, even if they had committed murder. longed.
The priest who undertook the purification of mur- KAKOAOFIAS AIKH. ( Vid. KAKHfOPIAX
derers bore the name of noi^. The persons who AIKH.)
were initiated received a purple riband, which was KAKOTEX'NIflN AIKH (KaKOTeX viuv dtKrj) cor-
worn around their bodies as an amulet to preserve responds in some degree with an action for subor-
them against all dangers and storms of the sea.' nation of perjury. It might be instituted against
Respecting the Lemnian Cabiria, we know7 that a party to a previous suit, whose witnesses had
their annual celebration took place at night, and already been convicted of falsehood in an action
lasted for nine days, during which all the fires of \l)v6o/uapTvpiuv.* It has been also surmised that
the island which were thought to be impure were this proceeding was available against the same
extinguished, sacrifices were offered to the dead, party when persons had subscribed themselves
and a sacred vessel was sent out to fetch new fire falsely as summoners in the declaration or indict-
from Delos. During these sacrifices the Cabiri ment in a previous suit 6 and if Plato's authority
;
Sprengel to be the Mercurialis tomentosa. Sibthorp guardians or any other persons (KUKUGIC ruv bptyc-
and Fee, however, are undecided, though the latter vuv KO.I xtfpevoovauv yvvamuv).
inclines somewhat to the Cacalia petasites sive al- 1. KuKUfftg yoviuv was committed by those who
bifrons.'--
1
struck their parents, or applied abusive epithets to
KAKHrOP'IAS AIKH (Kanriyopicu; diicr))
was an them, or refused them the means of support when
action for abusive language in the Attic courts, they were able to afford it, or did not bury them
11
called, in one passage of Demosthenes, KaKijyopiov after their death, and pay them proper honours.'
6iK7), and also called hoidopiag SLKTJ (diu/tuv Xo5o- It was no justification for children that their parents
ia
/>mf ), and /ca/coAoymf $inr). This action could be had treated them badly. If, however, they were
brought against an individual who applied to another illegitimate, or had not received a proper education
certain abusive epithets, such as avdpoyovog, irarpa- from their parents, they could not be prosecuted for
Aot'af, &c., which were included under the general
name of inrofrpri-a. (Vid. APORRHETA.) It was no 2. Ku/cGKTif yuvaiK&v was committed by husbands
justification that, these words were spoken in an- who ill-treated their wives in any manner, or had
13
ger. By a law of Solon, it was also forbidden to intercourse with other women, 11 or denied their
speak evil of the dead and if a person did so, he
; wives the marriage duties for, by a law of Solon,
;
was liable to this action, which could be brought the husband was bound to visit his wife three times
14 12
against him by the nearest relative of the deceased. every month, at least if she was an heiress. In
If an individual abused any one who was engaged " Wine Flask"
the comedy of Cratinus, called the
in any public office, the offender not only suffered (TlvTivi)), Comedy was represented as the wife of
the ordinary punishment, but incurred the loss of Cratinus, who brought an action against him be
his rights as a citizen (drt^m), since the state was cause he neglected her, and devoted all his attention
considered to have been insulted. 15 to the wine flask. 1 *
If the defendant was convicted, he had to pay a 3. Kuwait ruv kmn'krjpuv was committed by the
fine of 500 drachmae to the plaintiff. 1 * Plutarch, nearest relatives of poor heiresses, who neither
however, mentions that, according to one of Solon's married them themselves, nor gave them a dowry
laws, whoever spoke evil of a person in the tem- in order to marry them to persons of their own
14
1. (Strabo, x., p. 365, ed. Tauchnitz. Apollon. Rhod.,i., 917.
rank in life ; or, if they married them themselres,
Orph-, Argon., 460. Val. Flacc., ii., 435.) 2. (Athena-., did not perform the marriage duties. 14
Leg., ii., 5.) (Schol. in Eurip., Phom., 7. Plut., Alex., 2.
3.
4. KuKuaif TUV 6p(j>avcJv KOI ^pevuoiKTwv -yvvai~
Doiatus in Terent., Phorra., i., 15.) 4. (Plut., Laced. Apophth.
Antalcid , p. 141, ed. Tauchnitz. 5. (Liv., xlv., 5. Schol. in 1. (Process bei den Attikern, ii., 192.) 2. (543.) 3. (Hudt
Theocr., ii., 12. Hesych., s. v. Koi'/?;.) 6. (Schol. in Apollon., walcker, Diretet., 150.) 4. (Demosth., c. Mid., Ml.) 5. (Har-
1. c. Diod. Sic., v., 49.) 7. (Cic., De Nat. Deor., i., 42.) 8. pocr., s. v. Demosth., c. Ev. and Mne.j 1. 39, 11.) -6. (Meier,
(Schol. in Apollon. Rhod , i., 608.) 9. (lamblich., Vit. Pythag., Alt. Process, 385.) 7. (Plato, Leg, r. 536, E.) 8. (Meier,
c. 151. Compare Mtiller's Pro! eg-omena, p. 150.) 10. (Dios- Att. Process, 45, 386.) 9. (Aristcph, Av, 757, 1356. Smd., s.
cor., iv., 121. Pliu., H. N., xxv., 11.) 11. (c. Mid., 544.) 12. v. Tle\apYiKds N6nof.) 10. (Meier, Att. Process, p. 288 ) 11
(Aristojh., Vesp., 1246.) 13. (Lys., c. Theomn., i., p. 372, 373.) (Diog. Laert., iv., 17. Compare Plut., Alcib., 8.) 12. (Plut.,
14. (Deraosth., c. Leptin., 488. c. Bceot., 1022. Plut., Sol., Sol., c. 20. Erotic., c. 23.) 13. (Schol. in Aristoph., Eqi it., 399.)
e. 81.) 15. (Demosth., c. Mid., 521.) 16. (Isocr., c. Loch., 396. 14. (Demosth., c. Macart., 1076. Harpocr., a. v. 'E:ri<5iicof
-
Lvs., c. Theoran., 354.) ei)T f ..-Siiid., Phot., s. v. erjrcvs.) 15. (Flut., Sol., c 20
JfU
CADISKOI. CADUCEUS.
nuv was committed by those who injured in any The dicasts then had either one pebble, which they
wav either orphans or widows, both of whom were put into the nadtoiiof of the party in whose favoui
considered to be in an especial manner under the they meant to vote or they had as many pebbles ;
heliaea.* Any private individual couW also accuse correctly, however, Calamine, or an ore of zinc.
" The dealers in metals call
parties guilty of Kunuaig by means of laying an in- Geoffroy says, by the
formation (eiaay-yehia) before the chief archon, name of Cadmia the Lapis Calaminaris, used in
though sometimes the accuser proceeded by means making copper into brass." Dr. Kidd calls it a na-
of a regular indictment (ypa<j>7J), with an avuKpiaig tive- oxyde of zinc. According to Dr. Hill, the
before the archon. 3 Those who accused persons Cadmia factitia of the ancients was a recrement
guilty of KaKuaLg incurred no danger, as was usual- of copper, produced in the furnaces' where that met-
ly the case, if the defendant was acquitted, and they al was separated from its ore. According to Spren-
did not obtain the fifth part of the votes of the di- gel, the kind called /?orpv?rtf, or clustered Cadmia,
casts. 4 was our Tutty it consists of zinc with a small ;
The punishment does not appear to have been proportion of copper. The KanviTTjf, or Smoky Cad-
fixed for the different cases of KaKuaif, but it was mia, according to Dr. Hill, was a fine powder col-
generally severe. Those found guilty of KUKUCH.? lected at the mouths of the furnaces. The r/la/a-
yoveuv lost their civil rights (<m//ta), but were al- r/f, or Crust-like Cadmia, was the coarsest and
lowed to retain their property (ovroi arifioi yaav TO. heaviest of all. 4 "With Cadmia (or an ore of
5 "
vuuaTa, ru 6e xPW^ ra Z,W ) but if the Kuicuaie zinc)," observes Dr. Moore, the ancients were well
;
consisted in beating their parents, the hands of the acquainted, though they are commonly supposed
offenders might even be cut off. 6 not to have known zinc itself, except as combined
*CACTUS (naKTog), a species of plant. Spren- with copper in the form of brass. But a passage in
gel inclines to the opinion that it was the kind of Strabo authorizes the belief that they also knew
artichoke called Cardoon, namely, the Cina.ro. car- this metal in its separate state. The geographer
dunculus. Stackhouse suggests that it was the says,* that near Andeira, a town of Troas, is
Cactus opuntia, or Indian Fig. The locality of the found a stone, which, being burned, becomes iron,
KUKTOC of Theophrastus does not suit well with ei- and distils false silver (uTuxrrafet ipevdapyvpov) when
ther of these plants. Schneider proposes the Acarna heated in a furnace together with a certain earth,
cancellata. Sprengel's opinion is, perhaps, after all, which, receiving the addition of copper, forms the
the more correct one, and is advocated by Fee. alloy that some call brass (opeixahKov). He adds
Pliny describes the Cactus as growing only in Si- respecting this false silver, which was probably our
7
cily. zinc, that it occurs also near Tmolus. Stephanus
CADA'VER. (Vid. FDNUS.) states the same thing in somewhat clearer words,
CADISKOI or CADOI, also CADDISKOI (/m- and refers to both Theopompus and Strabo as au-
8
6iaicoi, Kudoi, /cadJiff/cot ), were small vessels or thorities. This earth, which is supposed to derive
urns, in which the counters or pebbles of the di- its name, Cadmia, from Cadmus, son of Agenor,'
casts were put, when they gave their votes on a who first introduced at Thebes the making of brass, 7
8
is spoken of by Aristotle, who informs us that the
9
trial. There were, in fact, usually two /ca&'cvcot :
one, that in which the voting pebble was put this Mossynoecians had anciently prepared a brass of a
;
was made of copper the other, that in which the pale colour and superior lustre, mixing it not with
:
other pebble, which had not been used, was put tin, but with a certain earth found among them.
;
this wan made of wood. 10 Those who did not vote Theophrastus alludes to the same, but without na-
9
at all put both their pebbles into the latter, which ming it. Pliny repeatedly sneaks of Cadmia, but
was called the duvpog KatiioKOf, while the other was it is evident that he does not always mean one and
called Kvpiof KadicKoe. After all had voted, the pre- the same thing. Cadmia seems to have signified
siding officer emptied the counters or pebbles from with him not only our Calamine, but a copper ore
the metal urn, the Kvpioq natiiaKos, and counted them which contained zinc and the same name was ex- ;
on a table, and judgment was then given according- tended to what the Germans call offenbruch, ' fur-
11
ly. The pebbles were distinguished from one an- nace-calamine ;' which, in melting ores that con-
other by proper marks. Formerly only one urn had tain zinc, or in making brass, falls to the bottom of
been used and the dicasts kept the counter which the furnace, and contains more or less of calcined
;
19
they did not use. This vessel was called also zinc." 10
u/j,<j>opeve. Sometimes, also, the dicasts had only CADU'CEUS (KJipvKetov, KtjpvKiov, 11 nypvirijiov 1 *)
one counter each, and there were two Kadioitoc, one was the staff or mace carried by heralds and am
for acquitting, the other for condemning. 1 * bassadors in time of war. 13 This name is also given
When there were several contesting parties, there to the staff with which Hermes or Mercury is usu
were several nadiaicoi, according to the number of ally represented, as is shown in the following figure
the parties as in Demosthenes 14 there were four. of Hermes, taken from an ancient vase, which is
;
1*
given in Millin's Peinlures de Vases antiques.
1. (Demosth., _c. Macart., 1076. 6 aprtov, ocmj frrc^AsTro The caduceus was originally only an olive-branch
r&v %ripwv Kat TU>V ip<pavG>v: Ulpian., ad. Demosth. c. Timocr.) ,
curg..c.Leoorat.,240.) 11. (Meier, Alt. Process, p. 720-724.) xxxiv., 10, <kc.) 10. (Moore's Anc. Mineral., p. 49, seqq.) 1J
12. (Pollux, Onom., viii., 1250 13. (Meier, Att. Process, p. -- 13. (Pollux ^nom ,
(Thucyd., i. 53.) 12. (Herod., ix., J 60.)
724.) 14 {c. Macart , p. 1053, 10, ed. Bekker.) viii., 138.)14. (vol. i., pi. 70.)
185
(LEC1BUM VINUM. JM TABUL2E.
bles of the dicasts were put when they gave their truth in the notion of their being forbidden, we may
/ote on a trial, but the diminutive KodiaKOf was conclude that this was entirely confined to the
more commonly used in this signification. (Vid. priestly order. The onions of Egypt were mild
CADISK.OI.) and of an excellent flavour, a character enjoyei
*C^E'CUBUM VINUM, a name given to a wine by them at the present day and they were eaten
;
8
among them as it has been in modern times. In
the age of Cicero, who frequently alludes to it, the
Roman youths, as well as the matrons, often ap-
peared with their hair curled in this manner (cala-
mistrati'). We
see the result in many antique stat-
ues and busts.
CAL'AMUS (Kulauof 9 ), a sort of reed which the
ancients used as a pen for writing. 10 The best sorts
were got from ^Egypt and Cnidus. 11 So Martial, 12
" Dat chartis habiles calamos
Memphitica tellus."
When the reed became blunt, it was sharpened with
a knife, scalprum librarium; 1 * and to a reed so
sharpened the epithet temperatus, used by Cicero,
14 "
probably refers, calamo et atramentq tempcrato res
agetur." One of the inkstands given under the ar-
ticle ATBAMENTUM has a calamus upon it. The
calamus was split like our pens, and hence Auso-
nius 15 calls it fissipcs, or cloven-footed.
*KAA'AMO2 apuuariKoe. Sprengel feels little
hesitation in deciding that this is the Acorns Cala-
The persons who made these nets were called
mus, or Sweet Flag. Schneider states that Stack- 6
house, in the second edition of his work, is disposed KEK.pv^a'XonA.dnoi* and also aaK^v^avTat., according
to refer the itdhauot; evoauog of Theophrastus to the to Pollux, 7 who explains the word by ol Tivte/covrej
same. The term km-yeto? also occurs in Theophras- raff ywai^i rot'f KEKpv^u^ovg. These nets appear
tus. to have been sometimes made of gold threads, 8 and
(Vid. SACCHARUM.*')
*KAA'AMOS QpayuiTjjg. All agree that this is at other times of silk, or the Elean byssus, 10 and
9
the Arundo pkragmitis, L., or common Reed. Spren- probably of other materials which are not mentioned
gel refers the icdhauof ^apa/aa? of Theophrastus to by ancient writers.
the same. 17 The head-dress made of close materials must be
*KAA'AMOS ai/b/rt/cof, the same as the 66va!-, distinguished from the /ce/cpitya/tof or reticulum. The
16 former was called mitra or calanlica, which words
and, consequently, the Arundo donax. (Vid. DONAX.)
*KAA'AMOS 6 j/acrof. The early commentators are said to be synonymous," though in a passage
on Dioscorides have settled the identity of this with in the Digest 18 they are mentioned together as if
the roftKOf of Theophrastus and Sprengel refers it
;
they were distinct. Such head-dresses frequently
occur in paintings on vases. Their forms are very
very properly, as Adams thinks, to the Arundo are-
raria, or sea-side Reed. 1' various, as the two following woodcuts, taken from
13
*KAA'AMOS 6 'IvdtKOf, most probably the Bam- Millin, Peintures de Vases Antiques, will show.
boo Cane, or Bambusa Arundinacea. Mention of the The first is an exact copy of the painting on the
Bamboo Cane is made by Herodotus, and also by vase, and represents a man and a woman reclining
on a couch, with a small figure standing by the
1. (Cell., xvi., 13. Strabo, v., p. 220.) 2. (Schol. in Hor., woman's side, the meaning of which is not quite
Epist., I., vi., 63.) 3. (Cell., iv., 12.)-4. (Cell., xvi., 13.)
clear.
5. (Dioscor., hi., 37. Theophrast., C. P., ii., 16. Adams,
Append., s. v.) 6. (Hor., Sat., I., ii., 98. Heindorf, ad TJ/e next woodcut only contains a part of the
loc.) 7. (Plaut., Asin., III., iii., 37.) 8. (Virg., ^En., xii.,
100. Servius. Ileyne ad loc.) 9. (Pollux, Onom., x., 15.) 1. (Theophrast., Id., De Lapid., 68.
II. P., iv.,11. Adami,
10. (Cic., ad AH., TL, 9. Hor., Ep. ad Pis., 447.) 11. (Plin., Append., (Varro, De Ling. Lat., v., 29.) 3. (II., xxii.,
8. v.) 2.
H. N., xvi., 36, 64.) 12. (xiv., 38.) 13. (Tacit., Ann., v., 8. 469.)4. (Museo Borbonico, vol. vi., pi. 18.) 5. (Pollux,
Suet , Vitell., 2.) 14. (Cic., ad Q. Fratr., ii., 15.) 15. (vii., Onom., vii., 179.) 6. (Demosth., c. Olympiod., c. 3, p. 1170.)
49.) 16. (D-.oscor., i., 17. Theophrast., H. P., iv., 11.) 17. 7. (Onom., x., 192.) 8. (Petron, c. 67. Juv., ii., 96.) 9. (Sal
(Dioscor., i., 114. Theophrast., II. P., iv., 12.) 18. (Theo- mas., Exerc. ad Solin., p. 392.) 10. (Paus., vii., 21, <) 7.) -II
phrast., H. P., iv., 12.) 19. (Diosoor., i., 114 Theophrast., (Serv., ad-iEn., ix.,616.) 12. (34, tit. 2. s. 25, i> 10.) 13. (vo1
H. P., iv., 11.) i., pi. 59 ; vol. ii., pi. 43.)
187
CAL.ATHUS. CALCEUS.
many
which consists of other fe- The name of calathi was also given to ouj 3 for hoi*
ariginal painting, 1
male figures, engaged in the celebration of certain ing wine.
mysteries.
The mitra was originally the name of an eastern
head-dress, and is sometimes spoken
of as charac-
1
Pliny says that Poly-
1
teristic of the Phrygians.
Greek women
gnotus was the first who painted
Hnirit terticoloribus.
names them in connexion with spinning, and says moved before reclining at meals. (Vid. CCENA.)
that the ra/lapof and KaXadiaKot; were the same. To go barefoot also indicated haste, grief, distrac-
These baskets Were made of osiers or reeds tion of mind, or any violent emotion, as when the
;
whence we read in Pollux* Ttvle/cetv rakdpovg KOI chorus of Oceanides hasten to the fettered Prome-
7 theus (ttTrediAof 16 ) when Venus goes in quest of
ovf, and in Catullus,
;
" Ante Adonis (uauvdahoc 17 ), and when the vestals flee from
pcd.es autem candentis mollia lance Rome with the apparatus of sacred utensils. 18 For
Vellera virgati custodibant calathisci."
similar reasons, sorceresses go with naked feet when
Thry appear, however, to have been made in earlier intent upon the exercise of magical arts 19 (nuda pe-
times of more valuable materials, since we read in
dem,* pedibus nudis), although sometimes one foot
Homer 8 of a silver rakapog They frequently occur only was unshod (unum exuta pcdcm vinclis 33 ), and
.
Virg., JEn., xi., 714.) 11. (Col., De lie Rust , viii., 2.) 19.
1. (Virg-., ^n., ix., 616, seq.) 2. (H. N., xxxv., 35.) 3. (Xen., Rep. Lac., 2.) 13. (Aristoph., Nub., 1C3, 362. -Xen.,
(V1I1., xxxiii., 19.) 4. (x., 125.) 5. (vii., 29.) 6. (vii., 173.) Mem., i., 6, 2. Plut., Phoc. Id., Cat.)
t,
14 (Epist., I., xjx.,
7. (Ixiv., 319.) 8. (Od., iv., 125.) 9.
(Vasengem., iii., 44.) 12.) 15. (Juv., vii., 16.) 16. (^Esch., Prom. Vinct., 138, ed
10. (Millin,Peintures de Vases Antiques, vol. i., pi. 4.) 11. Blomf.) 17. (Bion, i., 21.) 18. (Flor., i., }3.) 19. (Sen., Me-
(Bf'ttiser, Sabina, vii. ii., p. 252, 258.) 12. (Ovid, Art. Am., dea, iv., 2, 14.) 20. (Ovid, Met., vii., 183.) 21. (Hor Sat.. I,
,
nmong the insignia of rank and office. Those who second Poseideon inserted in the middle of th
were elevated to the senate wore high shoes like year. Every Athenian month was divided into
buskins, fastened in front with four black thongs three decads. The days of the first decad were
1
(nigris pcllibus ), and adorned
with a small cres- designated as lara^iivov or upxo^ivov /urjvoc., and
cent. 2
Hence Cicero, speaking of the assumption were counted on regularly from 1 to 10 thus 6ev-
3
;
"
of the senatorial dignity by Asinius, says mutavit repa ap%o[j.vov or lara^ivov is the second day o/
calccos. Another man, in similar circumstances, the month." The days of the second decad were
was told that his nobility was in his heels. 4 Among designated as em de/ca, or //eaotJvrof and were count- ,
the calcei worn by senators, those called mullei, ed on regularly from the llth to the 20th day, whicb
from their resemblance to the scales of the red mul- was called ti/caf. There were two ways of count-
let,* were particularly admired
as well as others ing the days of the last decad they were eithei
;
:
called alutce, because the leather was softened by reckoned onward from the 20th (thus npurri k-ni
the use of alum.
6 tiKadi was the 21st), or backward from the last day,
CALCULA'TOR (Xoytfrrfo) signifies a keeper of with the addition <j>6ivovroc., navoutvov, Ajyyoxrcf, or
accounts in general, but was also used in the signi- uTriovTOf thus the 21st day of a hollow month was
;
fication of a teacher of arithmetic whence Martial 7 EVUTTJ <j>6ivovTO<; of a full month, denary <j>6ivovTO.
;
classes him with the notarius, or writing-master. The last day of the month was called evq ml via,
The name was derive^ from calculi, which were "the old and new," because, as the lunar month
commonly used in teaching arithmetic, and also really consisted of more than 29 and less than 30
in reckoning in general. (Vid. ABACUS, No. VI.) days, the last day might be considered as belonging
Among the Greeks the Tio-yiariic. and ypauuartarjjg equally to the old and new month.
1
appear to have been usually the same person. The first calendars of the Greeks were founded
In Roman families of importance there was a on rude observations of the rising and setting of cer-
calculator or account-keeper, 8 who is, however, tain fixed stars as Orion, the Pleiades, Arcturus,
;
more frequently called by the name of dispensator &c. The earliest scientific calendar, which super-
or procurator, who was a kind of steward.' seded these occasional observations, was that of
CALCULI were little stones or pebbles, used for Meton. He observed that 235 lunar months cor-
various purposes such, for example, as the Athe- respond very nearly to 19 solar years.
; According-
nians used in voting (vid. CADISKOI), or such as De- ly, he introduced a cycle of 19 years, or 6940 days,
mosthenes put in his mouth when declaiming, in distributed into months, so that they corresponded
order to mend his pronunciation. 10 Calculi were to the changes of the moon throughout the whole
used in playing a sort of draughts. (Vid. LATRUN- period. This cycle was called the year of Meton
CULI.) Subsequently, instead of pebbles, ivory, or (Meruvof hiavroi; ), and the calendar based upon it
silver, or gold, or other (as men
call them) were we was published at Athens in 01. 86, 4. The calen-
used, but still called calculi. The calculi were bi- dar commenced with the month Scirophorion (16th
11
colores. Calculi were also used in reckoning, and July, B.C. 432). This cycle of 19 years was an ex-
hence the phrases calculum ponere, 1 * calculum subdu- tension of the o^.taeteris of Cleostratus, which con-
(Vid. ABACUS, No VI.)
lt
:tre. tained 8 years, or 99 months, or 2922 days. Threo
CALDA. (Vid. CALIDA.) of the months in the octaeteris were intercalary, oc
CALDA'RIUM. (Vid. BATHS, p. 149.) curring in the third, fifth, and eighth years of the
CALENDAR (GREEK). The Greek year was cycle. If Meton had reckoned every month full,
divided into twelve lunar months, depending on the his cycle would have contained 7050 days, or 7050
actual changes of the moon. The first day of the 6940=110 days too much consequently, it was ;
month (vovfj.Tjvi,a) was not the day of the conjunc- necessary to take 110 hollow months in each cycle.
tion, but the day on the evening of which the new Dividing 7050 by 110 we get the quotient 64, which
moon first appeared consequently full moon was denotes the interval between every two successive
;
the middle of the month, and is called dixofiyvic., or days to be rejected (fyepai Et-aipiai/toi). Melon's
"the divider of the month." 1 * The lunar month canon begins with two full months, and then we
consists of 29 days and about 13 hours according- have hollow and full months alternately but, after
; ;
ly, some months were necessarily reckoned at 29 the interchange has taken place eight times, two
days, and rather more of them at thirty days. The full months come together, because there must be
latter were called full months (Tr^pei f ), the former 17 full months in every 32. The Metonic cycle
hollow months (/cofAot). As the twelve lunar months was corrected in 01. 110, by Callippus of Cyzicus.
fell short of the solar year,
they were obliged every Meton had made the solar year -^ of a day too long.
other year to interpolate an intercalary month (piv Callippus accordingly assumed a 4x19=76 years'
euSohiuaiot;) of 30 or 29 days. The ordinary year cycle omitting one day, or 27759 days. The epoch
consisted of 354 days, and the interpolated year, of this cycle is 28th June, B C. 330, 01. 112, 3 A
therefore, of 384 or 383. This interpolated year farther correction of the Metonic cycle was intro
(rpuTTipif) was seven days and a half too long and, duced by Hipparchus, the celebrated astronomer, as
;
Fin., ii., 19, &c.) 14. (1 'nd., Olymp., iii., 34.) 1. (Vid. Aristoph., N TJ., 113J, &c.)
CALENDAR. CAI NDAK.
To find the " Annus erat decimum cum
I.
year B.C., given the th year o !una re: leverat annum ,*
01. p, take the formula 781 (4 p-\-n). If the even
but ihe language of a poet must not be pressed too
happened in the second half of the Attic year, this
must be farther reduced by 1 for the Attic year clos:;ly. On the other hand, Plutarch, in the pas-
;
as mentioned above, commenced with the summe sage already referred to, while he assigns to the old
solstice. Thus Socrates was put to death in Thar year twelve months and 365 dajd, speaks of the
months as varying without system between the lim-
gelion of 01. 95, 1. Therefore in B.C. ([781 (4x
its of twenty and thirty-five days. Such an irregu-
95+1)] 1)=(781 381) 1=400 1=399.
II. To find the Olympiad,
we find that even when
larity is not incredible, as
given the year n B.C.
take the formula - j . The quotient is the 01.
Censorinus wrote (A.D. 238), the Alban calendar
gave 36 days to March, 22 to May, 18 to Sextilis,
and 16 to September while at Tusculum Quincti- ;
and the remainder the current year of it if there lis had 36 days, October 32
;
and again, at Aricia,
is no remainder, the current year is the 4th of the
;
4
--
=01 95 that the =
months - --
widely from the real length of the sun's course,
would
the seasons of the year.
rapidly
- revolve through all
This inconvenience was
Demosthenes was born in the summer of 382, remedied, says Macrobius, 8 by the addition of the
- --
1.
On the Greek calendar in general, the reader may ceive any name as a month. Servius speaks of the
consult Ideler's Handbuch der Mathematischen and intercalated period as consisting of two months,
Technischer. Chronologic, Th. i., p. 227-392. which at first had no name, but were eventually
CALENDS. (Vid. CALENDAR, ROMAN.) called after Janus and Februus. That some system
CALENDAR (ROMAN), Calendarium, or, rath- of intercalation was employed in the Romulian year
er, Kalendarium. was also the opinion of Licinius Macer. 3 This ap-
The Year of Romulus. The name of Romulus is pears to be all that is handed down with regard to
commonly attached to the year which is said to the earliest year of the Romans.
have prevailed in the earliest times of Rome but As a year of ten months, i. e., 304 days, at once
;
tradition is not consistent with falls greatly short of the solar year, and contains
regard to the form
of it. The*historians Licinius Macer and Fenestel- no exact number of lunations, some have gone so
la maintained that the oldest far as to dispute the truth of the tradition in whole
year consisted of
twelve months, and that it was already in those or part, while others have taxed their ingenuity to
days an annus verlens, that is, a year which coinci- account for the adoption of so 'anomalous a year.
ded with the period of the sun's course. Censori- Puteanus,* calling to mind that the old Roman or
nus, however, in whose work this statement occurs, 1 Etruscan week contained eight days, every eighth
goes on to say that more credit is due to Gracca- day being specially devoted to religious and other
nus, Fulvius (Nobilior), Varro, and others, accord- public purposes, under the name of nonce or nun-
ing to whom the Romans, in the earliest times, like aE, was the first to point out that the numbei
the people of Alba from whom they sprung, allotted 304 is a precise multiple of eight. To this obser-
to the year but ten months. This opinion is sup- vation, in itself of little moment, Niebuhr has given
ported by Ovid in several passages of his Fasti a ;
some weight, by farther noticing that .the 38 nun-
3 dines in a year of 304 days tally exactly with the
by Gellius, Macrobius,* Solinus,* and Servius.'
Lastly, an old Latin year of ten months is implied number of dies fasti afterward retained in the Ju-
in the fact, that at Laurentum 7 a sacrifice was of- lian calendar. Another writer, Pontedera, observ-
fered to Juno Kalendaris on the first of every ed that 304 bore to 365 days nearly the ratio of
month except February and January. These ten 6 to 6, six of the Romulian years containing 1824,
months were called Martius, Aprilis, Maius, Junius, five of the longer periods 1825
days and Niebuhr,' ;
Quinctilis, Sextilis. September, October, November, who is a warm advocate of the ten-month year,
December. That March was the first month in the has made much use of this consideration. He thus
year is implied in the last six names and even Plu- ;
xplains the origin of the well-known quinquennial
tarch, who ascribes twelve months to the Romulian )eriod called the lustrum, which Censorinus 6 ox-
8
year, places Januarius and Februarius at the end. >ressly calls an annus magnus, that is, in the mud-
The fact is also confirmed
by the ceremony of re-
ern language of chronology, a cycle. Moreover,
kindling the sacred fire in the Temple of Vesta on he year often months, says the same writer, 7 was
the first day of March, by the he term for mourning, for paying portions left by
practice of placing
fresh laurels in the public
buildings on that day, and will, for credit on the sale of yearly profits most ;
by many other customs recorded by Macrobius.* probably for all loans and it was the measure for;
With regard to the length of the months, Censori- he most ancient rate of interest. (Vid. INTEREST
nus, Macrobius, and Solinus agree in ascribing thir- OP MONEY.) Lastly, he finds in the existence of
ty-one days to four of them, called pleni menses ; his short year the solution of certain historical
thirty to the rest, called cam menses. The four difficulties. A peace, or, rather, truce with Veii
longer months were Martius, Maius, Quinctilis, and was concluded in the year 280 of Rome, for 40
October and these, as Macrobius observes, were
; rears. In 316, Fidenae revolted and joined Veii,
distinguished in the latest form of the Roman cal- tfhich implies that Veii was already at war with
endar by having their nones two days later than any lome yet the Veientines are not accused of hav- ;
8
of the other months. The
symmetry of this ar- ng broken their oaths. Again, a twenty years'
rangement will appear by placing the numbers in ruce, made in 329, is said by Livy to have expired
9
succession: 31, 30; 31, 30; 31, 30, 30; 31; 30, n 347. These facts are explained by supposing
30. Ovid, indeed, appears to speak of the months he years in question to have been those of ten
as coinciding with the lunar period months for 40 of these are equal to 33 ordinary
: ;
1. (De Die Natali, c. 20. Compare also the beginning of c. 1. (Censorinus, c. 22.) 2. (i., 13.) 3 (Macrob., i., 13.) 1
19.) 2. (i., 27, 43 ; iii., 99, 119, 151.) 3. (Noot. Alt.,
iii., 16.) De Nuudinis in Grjevius's Thesaurus, vol viii.) 5. (Rom
L (Saturn., 12.) 5. 6.(in Virg., Georg.,
i., (Polyh., i.) i., Hist., vol. i., p. 271.) 6. (c. 18.) 7. (p. 279.) R. (Liv.,iv., 17.
13.17 (Ma -ob.. 15.) -8. Numa, c. J3.) 9. (i., 12.) 9. (iv., 58.)
191
CALENDAR. CALENDAR.
jury.
These ingenious, and, perhaps,
satisfactory spec- sum lun<z in duodecim mensis describit annum." Un-
ulations of the German critic, of course imply that fortunately, however, many of the same writers as-
the decimestrial year still survived long after the cribe to the same period the introduction of such a
regal government had ceased ; and, in fact, he be- system of intercalation as must at once have dislo-
lieves that this year and the lunar year, as deter- cated the coincidence between the civil month and
mined by Scaliger's proposed cycle of 22 years, co- the lunar period. At the end of two years the year
existed from the earliest times down to a late pe- of Numa would have been about 22 days in arrear
riod. The views of Niebuhr do not require that of the solar period, and, accordingly, it is said an in
the months should have consisted of 31 or 30 days ; tercalary month of that duration, or else of 23 days,
indeed, it would be more natural to suppose that was inserted at or near the end of February, to
each month, as well as the year, contained a pre- bring the civil year into agreement with the regular
cise number of eight-day weeks ; eight of the months, return of the seasons. Of this system of intercala-
for instance, having four such weeks, the two oth- tion a more accurate account shall presently be
ers but three. Even in the so-called calendar of given. But there is strong^ reason for believing
Numa we find the Etruscan week affecting the di- that this particular mode or intercalation was not
vision of the month, there being eight days between contemporary in origin with the year of Numa.
the nones and ides, from which circumstances the In antiquarian subjects it will generally be found
nones received their name and, again, two such;
that the assistance of etymology is essential be- ;
weeks from the ides to the end of the month, and cause the original names that belong to an institu-
this whether the whole month contained 31 or 29 tion often continue to exist, even after such changes
days. have been introduced, that they are no longer adapt-
The Year of Numa. Having described the Ro- ed to the new order of things thus they survive as;
mulian year, Censorinus 1 proceeds thus: "After- useful memorials of the past. In this way we are
ward, either by Numa, as Fulvius has it, or, ac- enabled, by the original meaning of words, aided by
cording to Junius, by Tarquin, there was instituted a few fragments of a traditional character, to slate
a year of twelve months and 355 days, although that the Romans in early times possessed a yeai
the moon in twelve lunations appears to complete which altogether depended upon the phases of the
but 354 days. The excess of a day was owing moon. The Latin word mensis, 1 like the Greek
either to error, or, what I consider more probable, fj.fjv
or fieif, and the English month, or German
to that superstitious feeling, according to which monath, is evidently connected with the word moon.
an odd number was accounted full (plcnus) and Again, while in the Greek language the name rov-
more fortunate. Be this as it may, to the year fiT}via (new moon), or vrj KOI vea, given to tho
which had previously been in use (that of Romulus) first day of a month, betrays its lunar origin, the
that the terms pleni and cavi menses are applied in which, the same pontifex, having summoned the
a sense precisely opposite to the practice of the plebs (calata plebe) to a place in the Capitol near the
Greek language in the phrases HTJVES Ttvlj/petf and Curia Calabria, which adjoins the Casa Romuli,
Koihoi.The mysterious power ascribed to an odd there announced the number of days which still re-
number is familiar from the Numero deus impure mained to the nones, whether five or seven, by so
"
gaudet of Virgil. Pliny also* observes, Impares nu- often repeating the word /caAw." There was no
meros ad omnia vehementiores crcdimus." It was, of necessity to write this last word in Greek charac-
course, impossible to give an odd number of days, ters, as it belonged to the old Latin. Li fact, in
at the same time, to the year on the one hand, and this very passage it occurs in both calata and cola-
to each of the twelve months on the other ; and bra and again, it remained to the latest times in
;
yet the object was in some measure effected by a the word nomenclator. In regard to the passage
division of February itself into 23 days, and a su- here quoted from Macrobius, it must be recollected
pernumerary period of five days. (See the mode that, while the moon is in the immediate vicinity
of intercalation below.) The year of Numa, then, of the sun, it is impossible to see it with th naked
according to Censorinus, contained 355 days. Plu- eye, so that the day on which it is first seen is nirt
tarch tells us that Numa estimated the anomaly of of necessity the day of the actual conjunction. We
the sun and moon, by which he means the differ- learn elsewhere, that, as soon as the pontifex dis-
ence between twelve lunations and the sun's annual covered the thin disc, a hymn was sung, beginning
course, at eleven days, i. e., the difference between Jana novella, the word Jana 3 being only a dialectic
865 and 354 days. Macrobius, too, says that the variety of Diana, just as Diespiter or Diupiter cor-
3
year of N'ima had at first 354, afterward 355 days. responds to Jupiter and other examples might
;
Twef. r? lunations amount to 354 days, 8h., 48' readily be given, for the change occurs in almost
16", so c.;a; the so-called year of Numa was a tol- every word which has the syllables de or di before
a vowel. Again, the consecration of the kalends to
1 (c. 20.) 2. (H. N., xxviii., 5.) 3. (Compare Liv., i., 19.
Ovid, ttst., i., 43; iii., 151. Aurel. Viet., c. 3. Florus, i., 2. 1. (Varro, De Ling. Lat., vi., or, in the old editions, v., 54.)
Sti wu, c. 1.) 2. (i., 15.) 3. (Macrob., Sat., i., 9. Vario, De Re Ru&U i.. 37 )
192
CALENDAR. CALENDAR.
rfUno is referred by the latter writer to the fact because editors, in support of a theory, have taken
that the months originally began with the moon, the liberty of altering it by the insertion of the
and that Juno and Luna are the same goddess ; and word quarto, forgetting, too, that the words quarto
the poet likewise points at the same connexion in et vicesimo anno signify, not
every twenty-fourth
his explanation of Juno's epithet Lucina. More- year, which their theory requires, but every twenty
over, at Laurentum, Juno was worshipped as Juno third, according to that peculiar error of the Ro-
Knlendaris. Even so late as 448 B.C., strictly mans which led them to count both the extreme*
lunar months were still in use for Dionysius* says
;
in defining the interval from one point to another,
that Appius, in that year, received the consular au- and which still survives in the medical phrases ter
thority on the ides of May, being the day of full tian and quartan ague, as well as in the French ex-
moon ; for at that time, he adds, the Romans regu- pressions huit jours for a week, and quinze jours foi
lated their months by the moon. In fact, so com- a fortnight. Accordingly, it is not doing violence
pletely was the day of the month which they called to words, but giving the strict and necessary mean-
the ides associated with the idea of the full moon, ing to them, when, in our own translation of the
that some derived the word uno rov eldovc, quod eo passage in Livy, we express vicesimo anno by every
die plenam speciem luna demons tret* Quietly to in- nineteenth year.
sert the idea of plenam, when the Greek word sig- Now 19 years, it is well known, constitute a mosl
nified merely speciem, is in accordance with those convenient cycle for the conjunction of a lunar and
loose notions which prevailed in all ancient attempts solar year. A
mean lunation, or synodic month, ac-
at etymology. But, though the derivation is of cording to modern astronomy, is 29d., 12h., 44' 3'',
course groundless, it is of historical value, as show- and a mean tropical year 365d., 5h., 48' 48". Hence
ing the notion connected with the term ides. it will be found that 235 lunations amount to 6939d.,
For the same reason, probably, the ides of March 16h., 31' 45", while 19 tropical years give 6939d..
were selected for the sacrifice to the goddess Anna 14h , 27' 12", so that the difference is only 2h., 4'
Perenna, in whose name we have nothing more 33". Although it was only in the second century
than the feminine form of the word annus, which, B.C. that Hipparchus gave to astronomical obser-
whether written with one n or two, whether in its vations a nicety which could pretend to deal with
simple form annus or diminutive annulus, still al- seconds (his valuation of the synodic month was
ways signifies a circle. Hence, as the masculine 29d., 12h., 44' S^" ), yet, even in the regal period
1
form was easily adopted to denote the period of the of Rome, the Greek towns in the south of Italy
sun's course, so the feminine, in like manner, might must already have possessed astronomers, from
well be employed to signify, first, the moon's revo- whom the inhabitants of Latium could have bor-
lution, and then the moon herself. The tendency rowed such a rough practical knowledge of both
among the Romans to have the same word repeat- the moon and sun's period as was sufficient to show
ed, first as a male, and then as a female deity, has that at the end of 19 solar years the moon's age
been noticed by Niebuhr and there occurs a com-
; would be nearly what it was at the commencement;
plete parallel in the name Dianas, afterward Janus, and it should be recollected that the name of NUDM
nium spatiis, dies congruercnt." We quote the text, very ancient law engraved on a bronze pillar by L.
Pinarius and Furius in their consulate cut mcntia
1. (Ovid, Fast., i., 55; vi., 39.
Bi 193
CALENDAR. CALENDAR.
1
J,atin from the text of Macrobius, because their or = aurei =9
aurei ; and thus the ad-
narii,
import is If we are right in interpreting
doubtful. 16 X25
them thus, " the date upon which is expressed by a dition of three aurei was precisely a fourth more.
month called intercalary," all that is meant may be ,astly, the festival Terminalia,
as its name implies,
one of the intercalary lunations, which must have narked the end of the year ; and this, by-the-way,
existed even in the old lunar year. At the period again proves that March was originally the first
of the decemviral legislation there was probably month.
instituted that form of the year of 354 days, which The intercalary month was called Mep/ti&vof, w
was corrected by the short intercalary month called liepKTjdoviof.
1
We give
it in Greek characters, be
" Januarius 29
31
Quinctilis five remaining days struck off from February, 27 or
Sextilis 29 " Februarius 28 28 days. In either case the Regifugium retained
Such, at any rate, was the number of days in ts ordinary designation a. d. VI. Kal. Mart.
9
When
"
each month immediately prior to the Julian correc- icero writes to Atticus, Accepi tuas litteras a. d.
tion for both Censorinus and Macrobius say that
;
V. Terminalia" (i. e., Feb. 19), he uses this strange
Caesar added two days to Januarius, Sextilis, and node of defining a date, because, being then in Cili-
December, and one to Aprilis, Junius, September, cia, he was not aware whether any intercalation
and November. Hence Niebuhr appears to have lad been inserted that year. Indeed, he says, in
made an error when he asserts" that July acquired another part of the same letter, ".Ea sic obsercabo,
two more days at the reformation of the calendar, masi interkalatum non sit."
and founds thereon a charge of carelessness against Besides the intercalary month, mention is occa-
Livy. That November had but 29 days prior to the sionally made of an intercalary day. The object of
correction in other words, that the XVII. Kal. Dec. his was solely to prevent the first day of the year,
immediately followed the Idus Nov., appears like- and perhaps also the nones, from coinciding with
wise, from a comparison of Cicero's letters to Tiro ;* he nundinae, of which mention has been already
for he reaches Corcyra a. d. V. Id. Nov., and on made. 3 Hence, in Livy,* "Intercalatum eo anno;
"
the XV. Kal. Dec. complains, Septumum jam diem postridie Terminalia
intercalares fuerunt." This
enebamur." The seven days in question would be would not have been said had the day of intercala-
IV. Id.. III. Id., Prid. Id., Id. Nov., XVII. Kal. Dec., ion been invariably the same and, again, Livy,*
;
XVI. Kal. Dec., XV. Kal. Dec. That the place of '
Hoc anno intercalatum est. Tertio die post Termt-
the nones and ides was in each month the same nalia Calenda intercalares fuere," i. e., two days af-
before the Julian correction as afterward, is assert- ter the Terminalia, so that the dies intercalaris was
ed by Macrobius. on this occasion inserted, as well as the month so
The main difficulty is with regard to the mode of called. Nay, even after the reformation of the cal-
intercalation. Plutarch, we have already observed, mdar, the same superstitious practice remained.
speaks of an intercalation, by him referred to Numa, Thus, in the year 40 B.C., a day was inserted for
of 22 days in alternate years in the month of Feb- this purpose, and afterward an omission of a day
ruary. Censorinus, with more precision, says that took place, that the calendar might not be disturb-
the number of days in each intercalation was either ed. 6
22 or 23, and Macrobius agrees with him in sub- The system of intercalating in alternate years 23
stance. Of the point at which the supernumerary or 23 days, that is, of ninety days in eight years,
month was inserted, the accounts are these Var- was borrowed, we are told by Macrobius, from the
:
ro* says the twelfth month was February and Greeks and the assertion is probable enough, first,
; ;
when intercalations take place, the last five days because from the Greeks the Romans generally de-
of this month are removed. Censorinus agrees rived all scientific assistance and, secondly, be- ;
herewith, when he places the intercalation gener- cause the decemviral legislation was avowedly de-
ally (potissimum) in the month of February, between duced from that quarter. Moreover, at the very
.the Terminalia and the Regifugium, that is, imme- period in question, a cycle of eight years appears to
diately after the day called by the Romans a. d. VI. have been in use at Athens, for the Metonic period
Kal. Mart., or by us the 23d of February. This, of 19 years was not adopted before 432 B.C. The
again, is confirmed by Macrobius. The setting Romans, however, seem to have been guilty of some
aside of the last five days agrees with the practice clumsiness in applying the science they derived
which Herodotus ascribes to the Egyptians, of con- from Greece. The addition of ninety days in a cy-
sidering the five days over the 360 as scarcely be- cle of eight years to a lunar year of 354 days would,
.
longing to the year, and not placing them in any in substance, have amounted to the addition of lli
month. So completely were these five days con- (=90-f-8) days to each year, so that the Romans
sidered by the Romans to be something extraneous would virtually have possessed the Julian calendar.
-that the soldier appears to have received pay only As it was, they added the intercalation to a year of
for 360 days. For in the time of Augustus the sol- 355 days and, consequently, on an average, every
;
dier received deni asses per day, i. e., \^ of a dena- year exceeded its proper length by a day, if we neg-
rius ; but Domitian* addidit quartum stipendium au lect the inaccuracies of the Julian calendar. Ac-
reos ternos. Thus, as 25 denarii made an aureus cordingly, we find that the civil and solar years
were greatly at variance in the year 564 A.U.C
the annual pay prior to Domitian was de
On the llth of Quinctilis in that year, a remarkable
1. (Plutarch, Numa, 19. Cses.,59.) 2. (Vui.Ascon.,ad Onrt.
1 (c. 13.) 2. 531, note 1179.)
(ii., 3. (ad Fam., rvi., 7, 9. proMilon. Fast. Triumphal., 493 A.U.C.) 3. (Marrob., f. 8.)
6. (Dion, xlviii.. 3? )
-4 (De Ling. Lar., vi., 55.) 5 vSuet., Dom., 7.) 4. (xlv., 44.) 5. (xliii., 11.)
194
CALENDAR. CALENDAR.
9 4 6
3d and 4th of September, in the year of the city 586. Cassius, Appian," Ovid, Suetonius, Pliny,' Cen
7 8
Macrobius, Ammianus Marcellinus, So-
9
This must have been the total eclipse in the night sorinus,
between the 21st and 22d of June, 168 B.C. linus. 10 Of these, Censorinus is the most preci&e
" The confusion was at " carried so
That attempts at legislation for the purpose of last," says he,
correcting so serious an error were actually made, far, that C. Caesar, the pontifex maximus, in his
appears from Macrobius, who, aware himself of the third consulate, with Lepidus for his colleague, in-
cause of the error, says that, by way of correction, serted between November and December two in-
in every third octoennial period, instead of 90 inter- tercalary months of 67 days, the month of February
calary days, only 66 were inserted. Again, it ap- having already received an intercalation of 23 days,
pears that M.Acilius Glabrio, in his consulship 169 and thus made the whole year to consist of 445
B.C., that is, the very year before that in which the days. At the same time, he provided against a
above-mentioned lunar eclipse occurred, introduced repetition of similar errors by casting aside the
some legislative measure upon the subject of inter- intercalary month, and adapting the year to the
calation. 3 According to the above statement of sun's course. Accordingly, to the 355 days of the
Macrobius, a cycle of 24 years was adopted, and it previously existing year, he added ten days, which
is this very passage which has induced the editors he so distributed between the seven months having
of Livy to insert the word quarto in the text already 29 days, that January, Sextilis, and December re-
quoted. ceived two each, the others but one and these ;
As the festivals of the Romans were for the most additional days he placed at the end of the several
part dependant upon the calendar, the regulation of months, no doubt with the wish not to remove the
the latter was intrusted to the college of pontifices, various festivals from those positions in the several
who in early times were chosen exclusively from months which they had so long occupied. Hence,
the body of patricians. It was, therefore, in the in the present calendar, although there are seven
power of the college to add to their other means of months of 31 days, yet the four months which from
oppressing the plebeians, by keeping to themselves the first possessed that number are still distinguish-
the knowledge of the days on which justice could able by having their nones on the seventh, the rest
be administered, and assemblies of the people could having them on the fifth of the month. Lastly, in
be held. In the year 304 B.C., one Cn. Flavius, a consideration of the quarter of a day, which he
secretary (scriba) of Appius Claudius, is said fraud- considered as completing the true year, he estab-
ulently to have made the Fasti public.* It appears, lished the rule, that at the end of every four years
however, from the last passage, that Atticus doubt- a single day should be intercalated where the month
ed the truth of the story. In either case, the other had been hitherto inserted, that is, immediately
privilege of regulating the year by the insertion of after the Terminalia ; which day is now called the
the intercalary month gave them Bissextum."
^great political
power, which they were not backward to employ. This year of 445 days is commonly called by
Everything connected with the matter of intercala- chr onologists the year of confusion but by Macro- ;
tion was left, says Censorinus,* to the unrestrained bius, more fitly, the last year of confusion. The
pleasure of the pontifices ; and the majority of these, kalends of January, of the year 708 A.U.C., fell on
on personal grounds, added to or took from the year the 13th of October, 47 B.C. of the Julian calendar ;
by capricious intercalations, so as to lengthen or the kalends of March, 708 A.U.C., on the 1st of
shorten the period during which a magistrate re- January, 46 B.C. and, lastly, the kalends of Janu-
;
mained in office, and seriously to benefit or injure ary, 709 A.U.C., on the 1st of January, 45 B.C.
the farmer of the public revenue. Similar to this Of the second of the two intercalary months in-
is the language employed by Macrobius,' Ammia- serted in this year after November, mention is made
8
in Cicero's letters. 11
7 9
nus, Solinus, Plutarch, and their assertions are
confirmed by the letters of Cicero, written during It was probably the original intention of Caesar
his proconsulate in Cilicia, the constant burden of to commence the year with the shortest day. The
which is a request that the pontitices will not add winter solstice at Rome, in the year 46 B.C., oc ir-
to his year of government by intercalation. red on the 24th of December of the Julian calendar.
In consequence of this license, says Suetonius, 10 His motive for delaying the commencement for
neither the festivals of the harvest coincided with seven days longer, instead of taking the following
the summer, nor those of the vintage with the au- day, was probably the desire to gratify the supersti-
tumn. But we cannot desire a better proof of the tion of the Romans, by causing the first year of the
confusion than a comparison of three short passa- reformed calendar to fall on the day of the new
11 "
ges in the third book of Caesar's Bell. Civ., Pri- moon. Accordingly, it is found that the mean new
die nonas Januarias navis solvit, 1 * jamque hiems ad- moon occurred at Rome on the 1st of January, 45
1*
propinquabat, multi jam menses tra.nsiera.nt et hiems B.C., at 6h. 16' P.M. In this way alone can be ex
" Annun
ja.m pracipitaverat." plained the phrase used by Macrobius :
Year of Julius Casar. In the year 46 B.C., civilem Ccesar, habitis ad lunam dimensionibus consti-
Caesar, now master of the Roman world, crowned tutum, edicto palam proposito publicavit." This edict
his other great services to his country by employing is also mentioned by Plutarch where he gives the
his authority, as pontifex maximus, in the correction anecdote of Cicero, who, on being told by some one
of this serious evil. For this purpose he availed that the constellation Lyra would rise the next
himself of the services of Sosigenes the peripatetic, "
morning, observed, Yes, no doubt, in obedience if
the edict."
1. (Liv., xxivii., 4.} 2. (xliv., 37.) 3. (Macrob., c. 13.) 4.
(Liv ,xi., 46. Cic., Pro Murzn., c. 11. Plin., H. N., xxxiii.,
The mode of denoting the days of the month will
l.Val. Max., ii., 5. Aul. Cell., vi., 9. Macrob., i., 15.
3. (De Bell. Cir , ii., ad
Pomponius, De Origine Juris, in the Digests, 1, tit. 2. Cicero, 1. (Cses., c. 59.} 2. (xliii., 26.)
ad Alt., 5. 6. (i., 14.) 7. (xxvi., 1.) 8. (c. 1.) extr.) 4. (Fasti, iii., 155.) 5. (Jul., c. 40.) 6. (H. N., xviii,
vi., 1.) (c. 20.)
10. (i., 45.)
9. (Jul., 59.)10. (Jol 40.) 11 (c 6 ) 12. (c. 9.) 13. (c. 57.) 7. (c. 20.) 8. (Sat., i., 14.) 9. (xxvi., 1.)
25.1 11. (AdFam., vi.. 14.)
195
CALENDAR. CALENDAR.
cause no difficulty, if it be recollected that the kal- every third year. The consequence was, that In
ends always denote the first of the month, that the the year 8 B.C., the Emperor Augustus, finding that
nones occur on the seventh of the four months three more intercalations had been made than was
March, May, Quinctilis or July, and October, and the intention of the law, gave directions that for the
on the fifth of the other months that the ides al- ;
next twelve years there should be no bissextile.
ways fall eight days laler than the nones and, ; The services which Caesar and Augustus had
that the intermediate days are in all cases conferred upon their country by the reformation of
lastly,
reckoned backward, upon the Roman principle al- the year seems to have been the immediate cause*
of the compliments paid to them by the insertion,
ready explained of counting both extremes.
For the month of January the notation will be as of their names in the calendar. Julius was substi-
follows :
tuted for Quinctilis, the month in which Caesar was
1 Kal. Jan. 17 a. d. XVI. Kal. Feb. born, in the second Julian year, that is, the year of
2 a. d. IV. Non. Jan. 18 a. d. XV. Kal. Feb. the dictator's death l for the first Julian year waa
;
3 a. d. III. Non. Jan. 19 a. d. XIV. Kal. Feb. the first year of the corrected Julian calendar, that
4 Prid. Non. Jan. 20 a. d. XIII. Kal. Feb. is, 45 B.C. The name Augustus, in place of Sex-
5 Non. Jan. 21 a. d. XII. Kal. Feb. tilis, was introduced by the emperor himself, at the
6 a. d. VIII. Id. Jan. 22 a. d. XI. Kal. Feb. time when he rectified the error in the mode of in-
7 a. d. VII. Id. Jan. 23 a. d. X. Kal. Feb. tercalating,*anno Augustano xx. The first year of
8 a. d. VI. Id. Jan. 24 a. d. IX. Kal. Feb. the Augustan era was 27 B.C., viz., that in which
9 a. d. V. Id. Jan. 25 a. d. VIII. Kal. Feb. he first took the name of Augustus, se vii. et M.
10 a. d. IV. Id. Jan. 26 a. d. VII. Kal. Feb. Vipsanio Agrippa coss. He was born in September,
1 1 a. d. III. Id. Jan. 27 a. d. VI. Kal. Feb. but gave the preference to the preceding month, for
12 Prid. Id. Jan. 28 a. d. V. Kal. Feb. reasons stated in the senatus consultum, preserved
29 a. d. IV. Kal. Feb. 3 " Whereas the
13 Id. Jan. by Macrobius. Emperor Augustus
14 a. d. XIX. Kal. Feb. 30 a. d. III. Kal. Feb. Caesar, in the month of Sextilis, was first admitted
15 a. d. XVIII. Kal. Feb. 31 Prid. Kal. Feb. to the consulate, and thrice entered the city in tri-
16 a. d. XVII. Kal. Feb. umph, and in the same month the legions from the
The letters a. d. are often, through error, written Janiculum placed themselves under his auspices,
together, and so confounded with the preposition and in the same month Egypt was brought under
ad, which would have a different meaning, for ad the authority of the Roman people, and in the same
kalendas would signify by, i. e., on or before the kal- month an end was put to the civil wars and ;
ends. The letters are in fact an abridgment of ante whereas, for these reasons, the said month is, and
" on the second of has been, most fortunate to this empire, it is hereby
diem, and the full phrase for
January" would be ante diem guartum nonas Janu- decreed by the senate that the said month shall be
"A
arias. The word ante in this expression seems called Augustus." plebiscitum to the same e
really to belong in sense to nonas, and to be the feet was passed on the motion of Sextus Paouvius,
cause why nonas is an accusative. Hence occur tribune of the plebs."
such phrases as 1 -in ante diem guartum Kal. Decem- The month of September in like manner received
" he the name of Germanicus from the general so called,
bris distulit, put it off to the fourth day before
8
the kalends of December," Is dies erat ante diem and the appellation appears to have existed even in
V. Kal. Apr., and ante quern diem iturus sit, for quo the time of Macrobius. Domitian, too, conferred
die.* The same confusion exists in the phrase his name upon October, but the old word was re-
" a few
post paucos dies, which means days after," stored upon the death of the tyrant.
and is equivalent to paucis post dielus. Whether the The Fasti of Caesar have not come down to us
phrase Kalenda Januarii was ever used by the best in their entire form. Such fragments as exist may
writers is doubtful. The words are commonly ab- be seen in Gruter's Inscriptions, or more com-
breviated and those passages where Aprilis, De-
; pletely in Foggini's work, Fastorum Anni Romam
cembris, &c., occur, are of no avail, as they are . .
reliquiae. See also some papers by Ideler in th
probably accusatives. The ante may be omitted, in Berlin Transactions for 1822 and 1823.
which case the phrase will be die quarto nonarum. The Gregorian Year. The Julian calendar sup-
In the leap year (to use a modern phrase), the last poses the mean tropical year to be 365d. 6h. but ;
days of February were called, this, as we have already seen, exceeds the real
Feb. 23. a. d. VII. Kal. Mart. amount by 11' 12", the accumulation of which, yeai
Feb. 24. a. d. VI. Kal. Mart, posteriorem. after year, caused, at last, considerable inconveni-
Feb. 25. a. d. VI. Kal. Mart, priorem. ence. Accordingly, in the year 1582, Pope Gregory
Feb. 26. a. d. V. Kal. Mart. the Xlllth., assisted by Aloysius, Lilius, Christoph
Feb. 27. a. d. IV. Kal. Mart. Clavius, Petrus Ciaconius, and others, again re-
Feb. 28. a. d. III. Kal. Mart. formed the calendar. The ten days by which the
Feb. 29. Prid. Kal. Mart. year had been unduly retarded were struck out by
In which the words prior and posterior are used in a regulation that the day after the fourth of October
reference to the retrograde direction of the reckon- in that year should be called the fifteenth and it ;
ing. Such, at least, is the opinion of Ideler, who was ordered that, whereas hitherto an intercalary
refers to Celsus in the Digests.* day had been inserted every four years, for the fu-
From the fact that the intercalated year has two ture three such intercalations in the course of four
days called ante diem sextum, the name of bissextile hundred years should be omitted, viz., in those
has been applied to it. The term annus bissextilis, years which are divisible without remainder by 100,
however, does not occur in any writer prior to Beda, but not by 400. Thus, according to the Julian cal
but, in place of it, the phrase annus bissextus. endar, the years 1600, 1700, 1800, 1900 and 2000
It was the intention of Caesar that the bissextum were to have been bissextile but, by the regulation
;
should be inserted peracto quadriennii circuitu, as of Gregory, the years 1700, 1800, and 1900, wer
Censorinus says, or quinto quoque incipiente anno, to to receive no intercalation, while the years 1600
use the words of Macrobius. The phrase, however, and 2000 were to be bissextile as before. The bull
which Caesar used seems to have been quarto quoque which effected this change was issued Feb. 24.
snno, which was interpreted by the priests to mean 1582. The fullest account of this correction is to
be found in the work of Clavius, entitled Roman
1. (Cic., Phil., iii., 8.) 2. (Cses., Bell. Gall., i.,6.) 3 (Cms.,
Bell. C :
v., i., 11. ) 4. (50, tit. 16, s. 98.) 1. (Censorinus c. 22.) 2. (Suet., Octav., c. 31.,'- 3. ft; 12.)
196
CALENDAR. CALENDAR.
Calendar ii a Gregorio XIII. P.M. rcstituti Explica- F. 22 XI. C. Fidicula vesperi occidit, dies plv
tio. As the Gregorian calendar has only 97 leap- vius. C.
amount to 24', and in 60 times 60, or 3600 years, interdum etiam tempestas. C.
tc 24 hours, or a day. Hence the French astrono- A. 25 VIII. C. Stella regia appellata Tuberom
mer, Delambre, has proposed that the years 3600, in pectore lieonis occidit matuti
7200, 10,800, and all multiples of 3600, should not no. P.
be leap-years. The Gregorian calendar was intro- B. 26 VII. C.
duced into the greater part of Italy, as well as in C. 27 VI. C. Leonis, quae est in pectore, clara
Spain and Portugal, on the day named in the bull. Stella occidit, nonnunquam signifi-
Into France, two months after, by an edict of Henry catur hiems bipartita. C.
III., the 9th of December was followed by the 20th. D. 28 V. C. Auster, aut africus, hiemat :
plu-
The Catholic parts of Switzerland, Germany, and vius dies. C.
the Low Countries adopted the correction in 1583, E. 29 IV. F.
Poland in 1586, Hungary in 1587. The Protestant F. 30 III. N. Delphinus incipit occidere, item
parts of Europe resisted what they called a papis- Fidicula occidit. C.
tical invention for more than a century. At last, G. 31 Prid. C. Eorum, quae supra sunt, siderum
in 1700, Protestant Germany, as well as Denmark occasu s tempestatem facit : inter
and Holland, allowed reason to prevail over preju- dum tantummodo significat. C.
dice, and the Protestant cantons of Switzerland
copied their example the following year. ,
FEBRUARIUS.
In England, the Gregorian calendar was first
adopted in 1752, and in Sweden in 1753. In Rus- H. 1 Feb. Kal. N. Fidis incipit occidere, ventus eu
sia, and those countries which belong to the Greek rinus et interdum auster cum gran
Church, the Julian year, or old style as it is called, dine est. C.
still prevails. A. 2 IV. N. Lyra et medius leo occidunt. O.
In this article free use has been made of Ideler's B. 3 III. N. Delphinus occidit. O. Fidis tota
work Lehrbuch der Chronologic. For other infor- et Leo medius occidit. Corus aut
mation connected with the Roman measurement septentrio, nonnunquam favOnius.
of time, see CLEPSYDRA, DIES, HORA, HOROLOGIA, C.
LUSTRUM, NUNDIN.E, SPECULUM, SIDERA. C. 4 Prid.N. Fidicula vesperi occidit. P.
The following Calendar, which gives the rising D. 5 Non. Aquarius oritur, zephyrus flare inci-
and setting of the stars, the Roman festivals, &c., pit.O. Mediae partes Aquarii oil-
is taken from an article on the Roman Calendar untur, ventosa tempestas. C.
in Pauly's Real-Encyclop'ddie der classischen Alter- E. 6 VIII. N.
thumswissenschaft. It has been principally compiled F. 7 VII. N. Calisto sidus occidit : favonii spl-
from Ovid's Fasti, Columella, and Pliny's Natural rare incipiunt. C.
History. The letter O. signifies Ovid, C. Columella, G. 8 VI. N. Ventosa tempestas. C.
P. Pliny but when C. is placed immediately after
;
H. 9 V. N. Veris initium. O.
the date, it signifies a day on which the Comitia A. 10 IV. N.
were held. B. 11 III. N. Arctophylax oritur. O.
C. 12 N.
Prid.
JANUARIUS. D. 13 Id.
Np.
A. Uan.Kal. F. E. 14 XVI. N. Corvus, Crater, et Anguis oriun-
B. 2 IV. F. O.
tur. Vesperi Crater oritur.
C. 3 III. C. Cancer occidit. venti mutatio. C.
D 4 Prid. C. Caesari Delphinus matutino ex- F. 15 XV. Luper. Np. Sol in Pisces transitum
oritur. PL facit :
nonnunquam ventosa tem-
E. 5 Non. F. Lyra O. et P. tempesta-
oritur.
pestas.
tem significat. O. Atticae et finiti- G. 16 XIV. En. Venti per sex dies vehementius
mis regionibus aquila vesperi occi- flant. Sol in Piscibus. O.
dit. H. 17 XIII. Quir. Np. Favonius vel auster cum
F. 6 VIII. F.
grandine et nimbis ut et sequenti
G. 7 VII. C. die. C.
H. 8 VI. C. Delphini vespertino occasu con- A. 18 XII. C.
tinui dies hiemant Italiae. PL B. 19 XI. C.
A. 9 V. Agon. Delphinus oritur. O. C. 20 X. C. Leo desinit occidere ; venti sejy
B. 10 IV. En. Media hiems. 0. tentrionales, qui dicuntur ornithiae,
C. 11 III. Car. Np. per dies triginta esse solent turn :
JUNIUS.
D. 15 Id. Np. Merk. Procyon exoritur mane,
tempestatem significat. C.
II. .Jun. Kal. N. Aquila oritur. 0. Hoc et se- E. 16 XVII. F. Merk.
quenti Aquila oritur ; tempestas F. 17 XVI. C. Assyriae Procyon exoritur. P.
ventosa et interdum pluvia. C. G. 18 XV. C. Merk.
A. 2 IV. F. Mart. Car. Monet. Hyades ori- H. 19 XIV. Lucar. Np. Merk.
untur, dies pluvius. O. Aquila ori- A. 20 XIII. C. Ludi Viet. Caesar. Sol in Leo-
tur vesperi. P. ' nem transitum facit, favonius. C.
B. 3 III. C. Caesari et Assyria? Aquila vespe- Aquila occidit. P.
ri oritur. P. B. 21 XII. C. Lucar. Ludi.
C. 4 Prid. C. C. 22 XI. C. Ludi.
D. 5 Non. D. 23 X. Nept. Ludi. Prodromi in Italia sen-
E. 6 VIII. N. Arcturus matutino occidit. P. tiuntur. P.
F. 7 VII. N. Arctophylax occidit. O. Arctu- E. 24 IX. N. Ludi. Leonis in pectore clara
rus occidit, favonius aut corus. C. Stella exoritur, interdum tempes-
G. 8 VI. N. Menti. in capit. Delphinus ves- tatem significat. C.
peri exoritur. P. F. 25 VIII. Fur. Np. Ludi. Aquarius incipit oc-
H. 9 V. Vest. N. Fer. cidere clare : favonius, vel auster.
A. 10 IV. N. Delphin. vesperi oritur. O. et C. C.
et P. Favonius, interdum rorat. G. 26 VII. C. Ludi. Canicula apparet ; caligo
C. aestuosa. C.
B. 11 III. Matr. N. H. 27 VI. C. In Circ. Aquila exoritur. C.
C. 12 Prid. N. A. 28 V. C. In Circ.
D. 13 Id. N. Calor incipit. C. B. 29 IV. C. In Circ. Leonis in pectore cla-
E. 14 XVIII. N. rae stellae exoriuntur, interdum tem-
F. 15 XVII. Q. St. D. F. Hyades oriuntur. O. pestatem significat. C.
Gladius Orionis exoritur. P. C. 30 III. C. In Circ. Aquila occidit, signifi-
G. 16 XVI. C. Zephyrus flat. Orion oritur. O. cat tempestatem. C.
H. 17 XV. C. Delphinus totus apparet. O. D. 31 Prid. C.
A 18 XIV.
AUGUSTUS.
B 19 XIII. C. Minervae in Aventino. Sol in
Cancro. O. et C. In ./Egypto Gla- E. 1Aug. Kal. N. Etesiae. C.
dius Orionis oritur. F. 2 IV. C. Fer.
C. 20 XII. C. Summano ad Circ. Max. Ophi- G. 3 III. C.
uchus oritur. O. H. 4 Prid. C. Leo medius exoritur tempesta-;
desinunt. P.
A. 29 IV. F.
B. 30 III. F. Humeri Virginia exoriuntur.
Etesiae desinunt flare, et interdum
hiemat. C.
0. 31 Prid. C. Andromeda vesperi oritur, inter-
dum hiemat. C.
SEPTEMBER.
D. iSept.Kal. N.
E. 2 IV. N. Hoc die Fer. Nep. Piscis austri-
nus desinit occidere, calor. C.
F. 3 III. Np.
G. 4 Prid. C. Ludi Romani.
H. 5 Non. F. Ludi. Vindemiator exoritur. At-
ticaeArcturus matutino exoritur et
Sagitta occidit mane. P.
A. 6 VIII. F. Ludi.
B. 7 VII. C. Ludi. Piscis aquilonius desinit
occidere et Capra exoritur, tem-
pestatem significat. C.
C. 8 VI. C. Ludi.
D. 9 V. C. Ludi. Caesari Capella oritur ves-
peri. P.
E. 10 IV. C. Ludi.
F. 11 III. C. Ludi. P avonius aut africus. Vir-
go media exoritur. C.
G. 12 Prid. N. Ludi. Arcturus oritur medius
vehementissimo significatu terra
marique per dies quinque. P.
H. 13 Id. Np. Ex pristino sidere nonnunquam
tempestatem significat. C.
A. 14 XVIII. F. Equor. Prob.
B. 15 XVII. N. Ludi Rom. in Circ.
C. 16 XVI. C. In Circ. ^Egypto Spica, quam
tenet Virgo, exoritur matutino Ete-
siaeque desinunt. P.
D. 17 XV. C. In Circ. Arcturus exoritur, fa-
vonius aut africus, interdum eurus.
C.
E. 18 XIV. C. In CirC. Spica Virginia exoritur,
favonius aut corus. C. Spica Cae-
sari oritur. P.
200
CALENDAR. CALIDA.
26 VII. C. Nepae frons exoritur, tempesta- A. 11 III. Agon. Np. Corus vel septentrto,
tem significat. C. interdum auster cum pluvia C.
D. 27 VI. C. Suculae vesperi exoriuntur. P. B. 12 Prid. En.
E. 28 V. C. Vergilias occidunt, hiemat cum C. 13 Id. Np. Scorpio totus mane exoritur.
ter mixed with wine, with theaddition, probably, of of caligati. Service in the ranns was also design*.
1
spices. This was a very favourite kind of drink ;ed after this article of attire. Thus Marius was
with the ancients, and could always be procured at said to have risen to the consulship a caliga, i. e.,
1 8
certain shops or taverns called thermopolia, which "rom the ranks, and Ventidius juventam inopem in
Claudius commanded to be closed at one period of caliga militari tolerasse* The Emperor Caligula re-
his reign.' The vessels in which the wine and wa- eived that cognomen when a boy, in consequence
ter was kept hot appear to have been of a very ele- of wearing the caliga, and being inured to the life
tea-urns both in ap- of a common soldier. 4 Juvenal expressed his de-
gant form, and not unlike our
pearance and construction. A representation
of one termination to combat against vice as a soldier, by
of these vessels is given in the Museo Borbonico,* saying he would go in caliga (reman caligatus*).
from which the following woodcut is taken. In the The triumphal monuments of Rome show most
distinctly the difference between the caliga of the
common soldier (vid. ARMA, p. 95) and the calceus
worn by men of higher rank. ( Vid. ABOLLA, p. 11 ;
ARA, p. 78.)
The sole of the caliga was thickly studded with
lob-nails (clam caligarii*) a circumstance which ;
answer best to the vessel which has been described temple. From the words of Athenaeus,* who,
6 in speaking of these contests of beauty, mentions
above.
*CALIDRIS (/ca/Udptf ), the name of a bird men- Tenedos along with Lesbos, we must infer that in
the former island also Callisteia were celebrated.
tioned by Aristotle. Belon conjectures that it was
CALO'NES were the slaves or servants of the
.1 bird called Chevalier
by the French. The term Roman
soldiers, so called from carrying wood {
Cdidris is now applied to the Red-shank.
1. (Suet., Octav., 25. 2. (Sen., De Benef., T.
CA'LIGA, a strong and heavy sandal worn by the Vitell., 7.)
3. (Plin., H. N., vii., 44.) 1. Suet.
4. (Tacit., Ann.,
16.)
Roman soldiers.
Calig., 9.) 5. (Sat., iii., 306.) 6. (Plin., H. N., xxxiv., 41 .
Although the use of this species of calceamentum ix., 18. Juv., Sat., iii., 232 ; xvi., 25.) 7. (Joseph., Bell. Jud.,
extended to the centurions, it was not worn by the vi.,l,p. 1266, ed. Hudson.) 8. (Theophr., Char.,4.)~9. (Suet.,
*qq.) 16. (H. N., xxxii., 7.) 17. (Schneider, Excurs., 11.. ad
1. (Plant., Cur., IT., ni., 13. Trin., F iii., 6. Hud., II., vi., .(Elian, N. A., p. 573, seqq. Adams, Append., s. v.) 18. (S^l D
4i.) 2. (Dion, be., 6.) 3. (vol. iii., pi 63.) 4. (x., 66.) 5. ad II., x., 140. Suidas, s. v. Anthol. Gr., vi., No. 292. Athen.,
(lxjph., 8.) 6. (Bottiger, Sabina, ii., p. 34. Becker, Callus, xii., p. 610.) 19. (Athen., xiii., p. 609.) 20. (1. c. Compaw
i.,p. 175.) Etymol. Mag., s. v.) 21. (xiii., p. 610.)
202
CALUMMA. CAMELOPARDAMS.
for their use. Taus says Festus " Calories militum In the case of actiones, the calumma of the acio.
servi, quia ligncas clavas gerebant, qua Greed <dAa was checked by the calumniae judicium, the judici-
" Galas dicebant ma- um
vocabant." So, also, Servius :* contrarium, the jusjurandum calumniae, and the
jores nostri fustes, quos portabant servi sequentes restipulatio, which are particularly described by Gai-
dominos ad prcclia" From the same word /ca/lov ns. 1 The defendant might in all cases avail himself
comes Kahoirovf, a shoemaker's last.* These calo- of the calumniae judicium, by which the plaintiff, if
nes are generally supposed to have been slaves, he was found to be guilty of calumnia, was mulcted
and almost formed a part of the army, as we may to the defendant in the tenth part of the value of
learn from many passages in Caesar : in fact, we the object-matter of the suit. But the actor wao
are told by Josephus that, from living always with not mulcted in this action, unless it was shown that
the soldiers, and being present at their exercises, he brought his suit without foundation, knowingly
they were inferior to them alone in skill and valour. and designedly. In the contrarium judicium, of
The word calo, however, was not confined to this which the defendant could only avail himself in
signification, but was also applied to farm-servants, certain cases, the rectitude of the plaintiff's purpose
instances of which usage are found in Horace. 3 did not save him from the penalty. Instead ot
In Caesar this term is generally found by itself; adopting either of these modes of proceeding, the
in Tacitus it is coupled and made almost identical defendant might require the plaintiff to take the
with lixa. Still the calones and lixae were not the oath of calumnia, which was to the effect, "Se non
same : the latter, in fact, were freemen, who mere- calumnia causa agere." In some cases the defend-
ly followed the campfor the purposes of gain and ant also was required by the praetor to swear that
merchandise, and were so far from being indispen- he did not dispute the plaintiff's claim, calumnia
sable to an army that they were sometimes forbid- causa. Generally speaking, if the plaintiff put the
den to follow it (ne lixae, sequerentur exercitum*). defendant to his oath (jusjurandum ei deferebat),
"
Thus, again, we read of the lixte mercatoresque, qui the defendant might put the plaintiff to his oath of
plaustris merces porlabant,"* words which plainly calumny.* In some actions, the oath of calumny
show that the lixae were traders and dealers. Livy on the part of the plaintiff was a necessary prelimi-
also* speaks of them as carrying on business. The nary to the action. In all judicia publica, it seems
term itself is supposed to be connected with lixa, that the oath of calumnia was required from the
an old word signifying water, inasmuch as the lixae accuser.
supplied this article to the soldiers since, however,
: If the restipulationis pna was required from the
they probably furnished ready-cooked provisions actor, the defendant could not have the benefit of
to the soldiers, it seems not unlikely that their ap- the calumniae judicium, or of the oath of calumny ;
pellation may have some allusion to this circum- and the judicium contrarium was not applicable to
7
stance. such cases.
CAL'OPUS, CALOPOD'IUM. (Vid. FORMA.) Persons who for money either did or neglected
CALU'MNIA. Calumniari is defined by Mar- to do certain things, calumniae causa, were liable to
8
cian, "Falsa crimina intendere ;" a definition which, certain actions. 3
as there given, was only intended to apply to crim- CA'MARA (icafiapa) or CAMERA
is used in two
inal matters. The definition of Paulus 9 applies to different senses:
matters both criminal and civil " Calumniosus est
: I. It signifies a particular kind of arched ceiling
qui sciens prudensque per fraudem ^negotium alicui in use among the Romans,* and, most probably,
"
10
common also to the Greeks, to whose language the
comparat." Cicero speaks of calumnia," and of
the "nimis callida et malitiosa juris interpretation as word belongs. It was formed by semicircular bands
things related. Gaius says, " Calumnia in adfectu or beams of wood, arranged at small lateral distan-
est, sicutfurti crimen;" the criminality was to be de- ces, over which a coating of lath and plaster was
termined by the intention. spread, and the whole covered in by a roof, resem-
When an accuser failed in his proof, and the reus bling in construction the hooped awnings in uso
was acquitted, there might be an inquiry into the 6
among us, or like the segment of a cart-wheel,
conduct and motives of the accuser. If the person from which the expression rotatio camararum is de-
who made this judicial inquiry (qui cognovit) found rived.* Subsequently to the age of Augustus, it be-
that the accuser had merely acted from error of came the fashion to line the camara with plates of
1
judgment, he acquitted him in the form non pro- glass ; hence they are termed vitrece.
basti ; if he convicted him of evil intention, he de- II. Small boats used in early times by the people
clared his sentence in the words calumniatus es, who inhabited the shores of the Palus Maeotis. ca
which sentence was followed by the legal punish- pable of containing from twenty-five to thirty men,
ment. were termed Ka/tdpai by the Greeks. 8 They were
According to Marcian, as above quoted, the pun- made to work fore and aft, like the fast-sailing
ishment for calumnia was fixed by the lex Rem- proas of the Indian seas, and continued in use until
mia, or, as it is sometimes, perhaps incorrectly, the age of Tacitus, by whom they are still named
named, the lex Memmia. 11 camara, and by whom their construction and uses
9
But it is not known
when this lex was passed, nor what were its pen- are described. 10
alties. It appears from Cicero 1 * that the false ac- *CAMELOPARD'ALIS (Ka^oirupda^}, the
cuser might be branded on the forehead with the Camelopard or Giraffe, the Giraffa Camelopardalis,
letter K, the initial of Kalumnia and it has been
; L. "The name Giraffa," observes Lt. Col Smith,
" is derived from the Arabic
conjectured, though it is a mere conjecture, that Zuraphahta, which is
Ihis punishment was inflicted by the lex Remmia. itself corrupted from Am'narir Zirataka; and the
The punishment for calumnia was also exsilium, Romans, who had seen this animal several times
relegatio in insulam, or loss of rank (ordinis amis- exhibited from the period when Julius Caesar first
tio) ; but p)obably only in criminal cases, or in mat- displayed one to the people, described it under the
ters relating to status. *
1
name of Camelopardalis, on account of its similari-
ty to the Camel in form, and to the Panther or
(Ad JEn., ri., 1.) 2. (Plato, Symp.) 3. (Epist., I., xiv.,
1.
42. Sat., I., vi., 103.) 4. (Sail., Bell. Jug., c. 45.) 5. (Hirti- 1. (iv., 174-18102. (Dig. 12, tit. 2, s. 37.)-3. (Dig. 3, tit.
u, De Bell. Afric., c. 75.) 6. (v., 8.)-7. (Vid. Sail., 1. c.) 8. 6.) 4. (Cic., ad Quint. Fratr., 1, $ 1.
iii., Propert., III., 11.,
9. 5. 6. (Salmas.
(Dig. 48, tit. 16, a. 1.) (Sentent. Recept., i., tit. 5.) 10. 10. Plin., H.N., xxxvi.,64.) (Vitruv.,vii.,3.)
(De Off., i., 10.) 11. (Val. Max., iii., 7, 9.) 12. (Pro Sext. in Spart., Hadr., c. 10.) 7. iPlin., I.e. Compare Statius, ST!T.,
Rose. Amtrino, c. 20.) 13. (Paulus, Sentent. Recept., v., 1, ed. Siebbnkees.) 9. 'Hi*,
I., iii., 53.)8. (Strabo, xi., p. 388,
5 .v., 4, 11.) iii., 47.) J* (f <npar Gell *., 25
CAMELUS. CAMPUS MARTILS.
i'ardalis in spots. This beautiful animal is noticed resented in the hieroglyphics, either in domestics
scenes or in subjects relating to religion. In all
by Oppian, Diodorus Siculus,* Horace,* Strabo,*
1
and Pliny ;' but the first satisfactory description is obvious cases, the intelligence of man may be con-
6
found in the jEthiopica of Heliodorus. Schneider sidered as acting in unison with the intentions ot
7
follows Pallas in referring the irdpdiov of Aristotle Nature now, as this sagacity to appreciate hia
;
:o this same animal. Modern naturalists have own interests had already, in the earliest ages, car-
known the Giraffe only since Mr. Patterson, Col. ried the Camel over India, China, and Middle Rus-
Gordon, and M. le Vaillion found it in South Afri- sia, it is certainly rather surprising that the Romans,
ca ; but as the Romans were acquainted with the in their frequent wars in Northern Africa, should
animal, it must have existed to the north of the not have found them of sufficient importance to be
It would appear, moreover, that mentioned, till Procopius first notices camel-riding
equinoctial line.
a variety or second species is found in Central Af- Moors in arms against Solomon, the lieutenant of
lica; for Park, in describing his escape
from cap- Belisarius from that period, and most particularly :
Camel of the mountains, the existence of which is probable that this animal increased in proportion
has been attested by several negroes brought from as agriculture diminished; at least the two facts
the interior, and in the Praenestine Mosaics, where are coeval. With the Koran, also, the Camel first
two spotted Camelopardales are seen together a lar- crossed the Bosporus, and spread with the Turks
;
1
ger animal is likewise represented, with shorthorns, over their present dominions in Europe."
but without spots, and the name written TABOUC
*CAMM'ARUS (Ka.fifj.apog or -tf), a variety of the
over. In a drawing of the same mosaic, the word Caris, or Squilla, acording to Athenaeus. It is the
appears to be partly effaced, but to have been PA- common Lobster, the Cammarus of Pliny, and the
$OUC. It is remarkable, that while the spotted Cancer Cammarus of Linnaeus. Aristotle, in the
"
figures are without a name, the animal in question, second chapter of the fourth book of his History
occupying that part of the picture which designates of Animals," gives a most faithful and elaborate
the Cataracts of the Nile, should be called by the account of the species, which is still an inhabitant
Ethiopian appellation of the Camelopard, which, ac- of the Mediterranean.*
cording to Pliny, was Nabis, resembling the Hot- CAMI'NUS. (Vid. HOUSE.)
tentot Naip ; or, by the second reading, be like the CAMPESTRE
(sc. subligar) was a kind of gn
Arabic, or one of its dialects. The absence of the die or apron, which the Roman youths wore rountf
Giraffe from Europe for three centuries and a half their loins when they exercised naked in the Cam-
naturally induced a belief that the descriptions of pus Martius.
3
The campestre was sometimes won
this animal were fabulous, or nearly so, and that a in warm weather in place of the tunic under the
creature of such extraordinary height and apparent toga (campestri sub toga cinctus 4 ).
disproportions was not to be found among the actu- CAMPIDOCTO'RES were persons who taught
al works of nature. This skepticism was first soldiers their exercises.* In the times of the Re-
shaken by Le Vaillant, the traveller, and is now public, this duty was discharged by a centurion, or
8
completely removed." a veteran soldier of merit and distinction (Exerci
CAME'LUS (Ku/irj^oc), the Camel. As Buffon tationibus nostris non veteranorum aliquie, cui dctnt,
remarks, Aristotle has correctly described the two muralis aut civica, sed Graculus magister assistit*).
Bpecies of Camel, which he calls the Bactrian and CAMPUS
MARTIUS. The term campus be-
the Arabian, the former being the Camelus Bactri- longs to the language of Sicily, in which it signified
anus, L,, or the Camel with two hunches, one on a hippodrome or race-course (/ca/r6f, IrnroSpofiot
the shoulders, and the other on the croup ; and the 2tKvloif 7 ) ; but among the Romans it was used to
latter, the Camelus Dromedarius, L., or the species signify an open plain, covered with herbage, and
with only one hunch, and of which the Dromedary, set apart for the purpose of exercise or amusement.
properly so called, is a breed. The Dromedary of Eight of these plains are enumerated by P. Victor
the Greeks is the Mahairy, and is the most celebra- as appertaining to the city of Rome ; among which
" The name
ted for speed. by which these animals the most celebrated was the Campus Martius, so
are generally known in Europe is evidently derived called because it was consecrated to the god Mars. 1
from an Eastern root, namely, Djemel of the Arabs, Some difference exists between Livy and Dionysius
Gamal or Gimal of the Hebrews, and points out the Halicarnassus respecting the period at which this 1
quarter where they have been domesticated from a consecration took place. The former states' that,
period anterior to all historical documents. Al- upon the expulsion of the Tarquins, the people took
though the Greek and Roman writers take univer- possession of their property (ager Tarquiniorum),
sally as little notice of the Camel as an inhabitant situate between the city and the Tiber, and assign-
of Northwestern Africa or Egypt, as they speak re- ed it to the god of war, by whose name it was sub-
11
peatedly of him in Syria, Arabia, and the rest of sequently distinguished ; whereas the latter says
Western Asia, we may easily infer, from a consid- that the ager Tarquiniorum had been usurped from
eration of the peculiar structure of this animal, that that divinity, to whom it belonged of old, and ap-
the predestined habitation of the genus was on the propriated by the Tarquins, so that it was only re-
sandy deserts of the Zahara, as well as the plains stored to its original service upon their expulsion,
of Arabia, Persia, the Indies, and Southern Tarta- which gains confirmation from a law of Numa, quo-
ry. The silence of profane writers, however, is ted by Festus, 11 "Secunda spolia in Martis aram in
compensated by the Sacred Writings. In Genesis, campo Solitaurilia utra voluerit cadilo."
1*
the King of Egypt is mentioned as having bestowed From the greater extent and importance of this
Camels upon Abram ; consequently, their presence plain beyond all the others, it was often spoken of
in the valley of the Nile is established before the as the plain, /car' eop?v, without any epithet to dis-
era of the earliest Greek or Roman writers. And
yet it is a singular fact, that the Camel is not rep-
1. Cuvier, vol. iv., p. 37. Smith's Supplement.)
(Griffith's
2. (Adams, Append., s. v.) 3. (Augustin., De Civ. Dei., xiT,
(Ascon., ad Cic., pro Scauro, p. 30, ed. Orelli. Hor ,
1. (Cyteg., iii.) 2. (ii., 51.) 3. (Epist., II., 195.) 4. 4.
i., 17.)
fivii., p. 774, 826, ed. Cos.) 5. (H. N., viii., 27. Compare Epist., I., xi., 18.) 5. (Veget., i., 13.) 6. (Plin., Pane?., 13.)
fieopon., xvi., 22.} 6. (x., 27.) 7. (H. A., ii., 2.) 8. (Griffith's 7. (Hesych.) 8. (Liv^ ii., 5.) 9. (1. c.) 10. (v., p. 276. ei
Parir vol. iv., p 151, seqq. Smith's Supplement.) 1704.) 11. (s. v. Opima.) 12. (Compare Liv., i., 44.)
204
CAMPUS SCELERATUS C.^NATHRON
l
tmguish it, as in the passage of Festus just cited ;
stance it takes As it was anlawful lo
its name. 1
and, therefore, whenever the word is so used, it is bury within the or to slay a vestal, whose per-
city,
the Campus Martius which is to be understood as son, even when polluted by the crime alluded to,
always referred to. was held sacred, this expedient was resorted to o
Thegeneral designation Campus Martius com- order to elude the superstition against taking away
prised two
plains, which, though generally spoken a consecrated life, or giving burial within the city.*
of collectively, are sometimes distinguished. 8 The CAN'ABOS or CINN'ABOS (nuva6of or nivva-
former of these was the so-called ager Tarquinio- 6of ) was a figure of wood, in the form of a skeleton,
rum, to which Juvenal refers, inde Superbi Totum
3 round which the clay or plaster was laid in forming
regis agrum; the other was given to the Roman models. Figures of a similar kind, formed to dis*
4
people by the vestal virgin Caia Taratia or Suffetia, play the muscles and veins, were studied by paint-
and is sometimes called Campus Tiberinus,* and ers in order to acquire some knowledge of anatomy.'
sometimes Campus Minor.* CANA'LIS, which means properly a pipe or gut-
It is difficult to determine the precise limits of ter for conveying water, is also used in three spe-
the Campus Martius, but in general terms it may cific significations :
be described as situated between the Via Lata and I. To designate a particular part of the Forum
Via Flaminia on the north, the Via Recta on the Romanum.*
south as bounded by the Tiber on the west, and "
;
Inforo infimo boni 'homines atque dites ambulant ;
the Pantheon and gardens of Agrippa towards the In media propter canalem, ibi ostentatores meri."
east ;
and the Campus Minor, or Tiberinus, occu-
The immediate spot so designated is not precisely
pied the lower portion of the circuit towards the
Via Recta, from the Pons Julius to the Pons Janic- known but we can make an approximation which
;
from the custom of holding the Comitia Centuriata the waters which flowed down from the Palatine
Hill into the Forum, it must have had a mouth in
there, which could not be held within the Ponuxri-
am ; hence the word campus is put for the comitia, 8 it, which was probably near the centre. 1'he " ken-
which also explains the expression of Cicero, 9 fors nel," therefore, which conducted the waters to this
domina campi, and of Lucan, 10 venalis campus, which embouchure, was termed Canalis in Foro ; and be-
means " a corrupt voter ;" thirdly, because the gen- cause the idle and indigent among the lower class-
erals who demanded a triumph, not being allowed es were in the habit of frequenting this spot, they
to enter the city, remained with their armies in the were named CANALICOL^E.' The canalis appears to
have had gratings (cancelli) before it, to which Cice-
Campus Martius and, finally, because it was not
;
lawful to bury within the city, whereas the monu- ro 7 referswhen he says, that after the tribune P.
ments of the illustrious dead were among the most Sextus had arrived at the Columna Menia, " tantua
11 est ex omnibus spectoculis usque a Capitolio, tantus
striking ornaments with which it was embellished.
But it was included in the city by ex fori cancellis plausus excitatus ;" by which he
(Vid. BUSTUM.)
Aurelian when he enlarged the walls. 12 means all classes, both high and low the upper, :
The principal edifices which adorned this famous who sat between the Columna Menia and the Cap-
13
and are amply treat- itol and the lower, who were stationed near the
plain are described by Strabo,
;
ed of by Nardini. 1 * It was covered with cancelli of the canalis. In the modern city of Rome,
perpetual
14
and was a favourite resort for air, exer- the foul waters empty themselves into the sewers
verdure,
an archway nearly six feet high, the mouth
cise, or recreation, when the labours of the day through
were over. 16 Its ample area was crowded by the of which is closed by an iron grating called cancello,
so that the passer-by is annoyed by the effluvia ex-
young, who there initiated themselves in all warlike
and athletic exercises, and in the games usual to haling from them ; which, we learn from a passage
8
the palaestra ; for which purpose the contiguous in Tertullian, was also the case in the ancient city.
9
II. CANALIS is used by Vitruvius to signify the
Tiber rendered it peculiarly appropriate in early
times, before public baths were established.
17
Hence channel which lies between the volutes of an Ionic
" above the cymatium or echinus, which may
campus is used as a field" for any exercise, mental capital,
or bodily. 18 Wooden horses were also kept in the be understood by referring to the representation of
Campus Martius, under porticoes in winter, and in an Ionic capital given
in the article ASTRAQALUB
III. In reference to aquaeducts, CANALIS is used
the open plain during summer, in order to give
10
Frontinus for a conduit of water running paral-
expertness in mounting and dismounting ; a neces- by
lel to the main course (specus), though detached
sary practice when stirrups were not in use.
19
Horse-races (equiria) also took place here, unless from it. Accurately speaking, it therefore means a
n 18
when the campus was overflowed, upon which oc- pipe of lead or clay, or of wood, attached to tho
casions were removed to the Martialis aquaeduct, which brought a stream of water from
they Campus the same source, but for some specific use, and not
on the Caelian.*
CAMPUS SCELERA'TUS was a spot within the for general distribution though the word is some- ;
ced upon the table. These candelabra usually con- ding the sister of Harmodius to walk as
canephoroi
sist of pillars, from the capita's of which several in the Panathenaic procession. 1 An antefixa in the
lamps hang down, or of trees, ft >m whose branches British Museum (see woodcut) represents the two
lamps also are suspended. The preceding woodcut canephonE approaching a candelabrum. Each of
represents a very elegant candelabrum, of this kind, them elevates one arm to support the basket, white
found in Pompeii. 1
Tho the stand, is three feet
original, including
high. The
not placed in the centre, but at
pillar is
one end of the plinth, which is the case in almost
every candelabrum of this description yet found.
The plinth is inlaid in imitation of a vine, the leaves
of which are of silver, the stem and fruit of bright
bronze. On one side is an altar with wood and fire
upon it, and on the other a Bacchus riding on a
tiger.
CANDYS (Kavdvf), a gown worn by the Medes
and Persians over their trousers and other gar-
ments.* It had wide sleeves, and was made of
woollen cloth, which was either purple or of some
other splendid colour. In the Persepolitan sculp-
she slightly raises her tunic with the other. This
tures, nearly all the principal personages are cloth-
attitude was much admired by ancient artists.
ed in it. The three here shown are taken from Sir
R. K. Porter's Travels. 3 Pliny* mentions a marble canephoros by Scopas,
and Cicero 3 describes a pair in bronze, which were
the exquisite work of Polycletus. ( Via. CARYATIS.)
*CAN'CAMTJM (KavKapov), a substance mention
ed by Dioscorides,* and which Paul of yEgina* de-
scribes as the gum of an Arabian tree, resembling
myrrh, and used in perfumes. Avicenna calls it a
gum of a horrid taste. Alston remarks that "some
have taken Lacea to be the Cancamum Dioscoridis;
but it seems to have been unknown to the ancient
Greeks." Upon the whole, Sprengel inclines to the
supposition that it may have been a species of the
Amyris Kataf.*
CANIC'OL^E. (Vid. CANALIS.)
*CANIC'ULA. (Vid. SIRIUS.)
We
observe that the persons represented in these *
CANIS
(KVUV), the Dog.
" The
parent-stock of
sculptures commonly put their hands through the this faithful friend of man must always remain un-
sleeves (dietpKoref rdf x^P ^ ^10. T ^ v Kavdvuv), but certain. Some zoologists are of opinion that the
sometimes keep them out of the sleeves (efu ruv breed is derived from the wolf; others, that it is a
Xeipifiuv) a distinction noticed by Xenophon.* The
;
familiarized jackal all agree that no trace of it is
:
Persian candys, which Strabo 5 describes as a " flow- to be found in a primitive state of nature. That
ered tunic with sleeves," corresponded to the wool- there were dogs, or, rather, animals of the canine
len tunic worn by the Babylonians over their linen form, in Europe long ago, we have evidence from
shirt (elpivEOv Ktduva eirevdvvEi 7
kirevdvTris ipeovf ). ;
their remains ; and that there are wild dogs we
A. gown of the same kind is still worn by the Ara- also know. India, for example, affords many of
bians, Turks, and other Orientals, and by both them, living in a state of complete independence,
sexes. and without any indication of a wish to approach
CANE'PHOROS (KavijQopog). When a sacrifice the dwellings of man. These dogs, however,
was be offered, the round cake (rpoxia Qdoif 8
to ; though they have been accurately noticed by com-
9
TToiravov, far/, mold salsa), the chaplet of flowers, petent observers, do not throw much light upon the
the knife used to slay the victim, and sometimes question. The most probable opinion is that ad-
the frankincense, were deposited in a flat circular vanced by Bell, in hie ' History of British Quadru-
basket (KO.VSOV, canistrum), and this was frequently peds.' This author thus sums up : ' Upon he i
carried by a virgin on her head to the altar. The whole, the argument in favour of the view which I
practice was observed more especially at Athens. have taken, that the wolf is probably the original
When a private man sacrificed, either his daughter of all the canine races, may be stated as follows .
or some unmarried female of his family officiated the structure of the animal is identical, or so nearly
as his canephoros l but in the Panathenaia, the
;
so as to afford the strongest a priori evidence in its
Dionysia, and other public festivals, two virgins of favour. The Dog must have been derived from an
the first Athenian families were appointed for the animal susceptible of the highest degree of domes-
purpose. Their function is described by Ovid in tication, and capable of great affection for mankind;
the following lines : which has been abundantly proved of the wolf.
" Dogs having returned to a wild state, and con-
Ilia forte die castce de more puella
Verticc supposito festas in Palladis arces tinued in that condition through many generations,
Pura coronatis portabant sacra canistris." 11 exhibit characters which approximate more and
more to those of the wolf, in proportion as the in-
That the office was accounted highly honourable
fluence of domestication ceases to act. The two
appears from the fact that the resentment of Har-
animals, moreover, will breed together, and produce
modius, which instigated him to kill Hipparchus, fertile young ; and the period of gestation is the
arose from the insult offered by the latter in forbid-
same. The period at which the domestication of
1. (Mus. Borb., ii., pi. 13.) 2. (Xen., Cyr., i., 8, fy 2. Anab., the Dog first took place is wholly lost in the mist
1., 5, $ 8. Diod. Sic.,
xvii., 77.) 3. (vol. i.,pl. 49.) 4. (Cyrop., of antiquity. The earliest mention of it rj the
Tiii., 3, 10, 13.)
(, 5. (xv., 3, 19.) 6. (Herod., i., 195.) 7.
.Strabo, xvi., 1, 20.) 8. (Adda:i Epigr., Brunck, ii., 241.) 9. 1. (Thucyd., vi., 56. ^Elian, V. II., xi., 8.) 2. TH. N.
(JClian, V. H , xi., 5.) 10. (Aristoph., Acharn., 241-252.) 11. xxxvi., 4, 7.) 3. (Verr., II., iv., 3.) 4. (i., 23.) 5. (TU , 3 r-
(M'.t., ii., 713-715 \
}. (Adams, Append., s. v.)
707
CANNABIS. CANTICUM.
that dogs were the common scavengers of the not have been what is now called the Cantharii, ox
Israelitishcamp, as they still are in many cities of Spanish Fly, since this latter is found principally
the East
'
Neither shall ye eat any flesh that is
: upon the ash, the privet, and the elder, and seldom
torn of beasts in the field ye shall cast it to the
;
or never among grain. Sprengel thinks it probable
dogs.' A
similar office seems to be repeatedly al- that Dioscorides 1 was acquainted with two species
luded to in the course of the Jewish history. The of Cantharides the one he pronounces to be the
;
Dog was considered by the Jews as eminently an Mylabris Dioscoridis (the same, probably, as the My-
unclean animal, and was the figure selected for the labris cichorii of Latreille and Wilson) the other ht;
self to the gesticulation, while another person sang ting the ribands into broader and warmer pieces.
the recitative. 1 The canticum always formed a The stripes, almost universal in the South, were
part of a Roman comedy. Diomedes observes that the same plats sewed together. That goat's hail
a Roman comedy consists of two parts, dialogue was the chief ingredient among the Scandinavians,
and canticum (Latince comtzdice duobus tantum mem- is proved by their divinities being dressed in Geita
bris constant, diverbio et cantico). Wolf* endeav- Kurtlu. The domestic goat in the north and west
ours to show that cantica also occurred in tragedies of the Old World preceded sheep for many ages,
and the Atellanse fabulae. There can be no doubt and predominated while the country was chiefly
that they did in the latter they were usually com- covered with forests
;
nor is there evidence 01
;
posed in the Latin, and sometimes in the Greek wool-bearing animals crossing the Rhine or the
language, whereas the other parts of the Atellane Upper Danube till towards the subversion of the
(Vid. ATELLANE Roman Empire."
1
plays were written in Oscan.
*CAPHU'RA (Ka<j>ovpd), the Camphor-tree. Sy-
CAPELEI'ON. (Vid. CAUPONA.) meon Seth is the first Greek who makes mention
*CAPER (rpa-yog), the he-Goat. Capra is the of the Camphor-tree, or Laurus Camphora, L. He
name for the female, to which aif corresponds in describes it as a very large tree, growing in India,
Greek. The generic appellation in the Linnaean the wood of which is light and ferulaceous. Cam-
system is Capra hircus. The ancients were like- phor was first introduced into medical practice by
wise acquainted with the wild Goat, or Capra ibex; the Arabians.
it is supposed to be the Ako or Akko of Deuterono- CAPILLUS. (Vid. COMA.)
3
my, and the rpayeAa^of of the Septuagint and of CAPISTRUM ((t>op6eiu), a halter, a tie for horses,
Diodorus Siculus.* Among the Egyptians, the asses, or other animals, placed round the head 01
Goat was regarded as the emblem of the generative neck, and made of osiers or other fibrous materials.
principle, and was held sacred in some parts of the It was used in holding the head of a quadruped
land. The Ibex, or wild goat of the Desert, how- which required any healing operation, 2 in retaining
ever, was not sacred. It occurs sometimes in as- animals at the stall,* or in fastening them to the
tronomical subjects, and is frequently represented yoke, as shown in the woodcut ARATRUM (p. 79).
among the animals slaughtered for the table and the In representations of Bacchanalian processions, the
4
altar, both in the Thebaid and in Lower Egypt. tigers or panthers are attached to the yoke by ca-
" It is a fact of a Thus we read of
singular nature," observes Lt. Col. pistra made of vine-branches.
Smith, "that, as far as geological observations have the vite capistrata tigres of Ariadne,* and they are
extended over fossil organic remains, among the seen on the bas-relief of a sarcophagus in the Vati-
multitude of extinct and existing genera, and species can representing her nuptial procession. See the
of mammiferous animals, which the exercised eye annexed woodcut.
of comparative anatomists has detected, no portions
of Caprine or Ovine races have yet been satisfacto-
rily authenticated ;yet, in a wild state, the first are
found in three quarters of the globe, and perhaps
in the fourth ;
and the second most certainly ex-
ists in every great portion of the earth, New-Hol-
land, perhaps, excepted. It would almost seem as
if this class of animals were added by Providence
to the stock of other creatures for the express pur-
pose of being the instruments which should lead
man to industry and peace at least such an effect
;
CA'PITIS DEMINU'TIO. (Vid. CAPTJT.) been the subject of much dispute. Sotce writer*
the north, and some
CAPITO'LIUM. This word is used in different consider it to have been upon
the Latin the principal of upon the south point of the Mons Capitolinus some,
writers,
;
significations by
which are the following :
that it stood upon a different summit from the arx,
I. CAPITOLIUM, a small temple (sacellum ), sup-
1
or fortress, with the intermonlium between them ,
in which it was erected,* and was not termed capi- Rom. Topogr.j ii., 1, 5. Donat., De Urb. Rom.
tolium until after the foundation of the one mention- Lucio Mauro, Antichita Andreas Fulvio, di Roma.
ed below, from which it was then distinguished as Id. Biondo, RomaNardiri, Roma An-
Restaurat.
6
the Capitolium vctus* Martial alludes to it under tica, v., 14. Bunsen and Plattner, Beschreibung
the name of antiquum Jovem. .Roms. Niebuhr, Hist, Rom., vol. i., p. 502, transl.
II. CAPITOLIUM, the Temple of Jupiter Optimus III. CAPITOLIUM is sometimes put for the whole
mount, including both summits, as well as the in
7
Maximus, in the Regio viii. on the Mons Tarpeius,
so called from a being discovered in
human head tcrmontium, which was originally called Mons Sa-
turnius, and afterward Mons Tarpeius,* from the
1
Esquiliis domus est, domus est tibi colle Diand of Tarpeia was confined
name
,'
14
Lutatius Catulus, B.C. 69. It was again burned 1 obscurity is
rently distinct from the arx ;* whicl
1S ara
to the ground by the faction of Vitellius, A.D. 70, farther increased, because, on the oth r hand,
and rebuilt by Vespasian upon whose death it was is sometimes put for the whole mount, 8 3nd at ct
;
again destroyed by fire, and sumptuously rebuilt for ers for one of the summits only.*
he third time by Domitian. 18 There were three approaches from the FP 111 **?
The Capitolium contained three temples within the Mons Capitolinus. The first was by a lii nt
the same peristyle, or three cells parallel to each 100 steps (centum gradus 7 ), which led directly J "
other, the partition walls of which were common, side of the Tarpeian Rock. The other two \v ?r '
and all under the same roof. 17 In the centre was the clivus Capitolinus and clivus Asyli,* one of wli lc "
18
the seat of Jupiter Optimus Maximus, called cella entered on the north, and the other on the sou* 1 }
ig
Jovis, and hence he is described by Ovid* as side of the intermontium, the former by the side ol
"media qui sedet sede Deus." That of Minerva the Carceres Tulliani, the latter from the foot of the
was on the right ai whence, perhaps, the allusion Via Sacra, in the direction of the modern accesses
;
of Horace, 22 " Proximos illi tamen occupavit Pallas on either side of the Palazzo de' Consultori but ;
honeres ;" and that of Juno upon the left but com- which of these was the clivus Capitolinus and
;
3
pare Livy,* "Jupiter Optimus Maximus, Juno regi- which the clivus Asyli, will depend upon the dispu-
na, et Minerva," and Ovid,** which passages are ted situation of the arx and Temple of Jupiter Opti-
considered by some writers to give Juno the prece- mus Maximus.
dence over Minerva. The representation of the The epithets aurea 9 and fulgent 10 are illustrative
Capitolium in the next woodcut is taken from a of the materials with which the Temple of Jupiter
medal. O. M. was adorned its bronze gates," and gilt ceil- :
18
ings and tiles. The gilding of the latter alone cost
13
12,000 talents.
IV. CAPITOLIUM is also used to distinguish the
14
chief temples in other cities besides Rome.
CAPIT'ULUM. (Vid. COLUMNA.)
*CAP'NIOS or CAPNOS (KUTTVIO^ or Kam>6(), a
plant which all the authorities agree in referring to
the Fumaria ojficinalif, or common Fumitory. Sib-
thorp is the only exception, who prefers the F. par
viflora, Lam. It is the Pel terra, of Scribonius Lar-
i*he exact position occupied The juice of this plant was used, according
14
by this temple has gus. 16
to Pliny, in the cure of ophthalmia. It derives its
1. (Varro, De Ling. Lat., v., 158.) 2. (Varro, 1. c.) 3. (Var- name from its juice, when spread over the eyes, af-
10, 1. c. Notit. Imper. P. Victor.) 4. (Val. Max., iv., 4, $ 11.)
5. (Varro, 1. c.) 6. (Epigr., V., xxii., 4.) 7. (Livy, i., 55.) 8.
(Dionys., iv., p. 2i7. Liv., 1. c. Varro, De Ling. Lat., v., 41. 1. (Varro, De Ling. Lat., v. 42.) 2. (Id., v., 41. Dionys,
gerir., ad Virg., JEn., viii., 345.) 9. (Epigr., VII., Ixxiii.) 10. iii., p. 193; iv., p. 247.) 3. (Varro, 1. c.) 4. (Dionys.,!., p.
(LiT., i , 38. Tacit., Hist., iii., 72. Compare Plin., H. N., iii., 611. Liv., i., 33 ; ii., 8. Aul. Gel!., v., 12.) 5. (Liv., v., 40.)
9.) 11. (Tacit., 1. c. Liv., i., 55.) 12. (Liv., ii., 8.) 13. (Ta- 6. (Compare Liv., ii., 49 ; iii., 15 ;
v., 41. Flor., iii., 21.
cit., 1. c. Plin., H. N., xiii., 27. Plut., Sull., c. 27.) 14. (Ta- Virg., JEn., 652.
viii.,Serv., ad Virg., 1. c.) 7. (Tacit., Hist,
rit., 1. c. Plin., H. N., xix., 6. Liv., Epit., 98.) 15. (Tacit., iii., 71.) 8. (Tacit., 1. c) 9. (Virg., JEn., viii., 348.) 10
1. c. Plin., H. N., xxxiv., 17.) 16. (Suet , Dom., c. 5.)-17. (Hor., Carm., III., iii., 43.) 11. (Liv., x., 23.) 12. (Plin., H
18. (Dionys., 1. c.) 19. (Cell., vii., 1,2. 13. (Plut., Poplic., p. 104.) 14. (Sil. Ital., xi.
(Dionys., iv., p. 24R) N., xxxiii., 18.)
-Liv., x., 23.) 20. (Ex Pont., iv., 9, 32.) 21. (Liv., vii., 3.) 267. Plaut., Cure., II., ii., 19. Suet., Tiber., 40.) 15. (A.I
22. (Cairn., I., xii., 19.) 23. (iii., 17.) 24 (Tiist.,ii.,289,293.) ams, Append., s. v.) 16. (H. N., xxv., 13.)
810
CAPROS. CAPULUS.
feeling them like smoke (KOTCVOS). Its flower is ranean, and is the same with the perca ptisilla of
purple. The modern Greeks call this piant KUTTVO
j
Brunnich. 1
and KanvoyopTo. Sibthorp found it growing very CAPSA (dim. CAPSULA), or SCRINIUM, \vas
1
abundantly in cultivated places. the box for holding books among the Romans.
*CAPP'ARIS (KttTTTroptf ), a plant which Sprengel, Theso boxes were usually made of beech-wood,*
Stackhouse, and Schneider agree in referring to the and were of a cylindrical form. There is no doubt
Capparis Spinosa, L., or Thorny Caper-bush. Sib- respecting their form, since they are often placed
thorp, however, is in favour of a variety of the C. by the side of statues dressed in the toga. The
Spinosa, to which he gives the name of Capparis following woodcut, which represents an open eapsa
wata. 1 Dioscorides mentions several kinds from with six rolls of books in it, is from a
painting at
different countries, all differing in their qualities. Pompeii.
The best came from Caria, the next in the order of
merit from Phrygia.'
*CAPRA, the she-Goat, the alt; of the Greeks.
(Vid. CAPER.)
*CAP'REA, a wild she-Goat, or, rather, a species
of wild goat generally. Pliny* speaks of it as being
possessed of a very keen sight, which may, perhaps,
identify it with the Dorcas, or Gazelle. Guvier,
however, makes Pliny's Caprea the same with the
Cervus Capreolus, L., or Roebuck. (Fid. DORCAS.*)
*CAPRIFICATIO, the process of caprification,
or a ripening of figs on the domestic tree by means
of insects found on the wild fig. The process is
described briefly by Eustathius, 6 and more at large
by Pliny.
7
The former, speaking of the wild fig- There does not appear to have been any differ-
trees, says that what are called ^f,vsf (" little gnats") ence between the capsa and tfie scrinium, except
pass from them into the fruit of the domestic fig, that the latter word was usually applied to those
and strengthen it to such a degree as to prevent boxes which held a considerable number of rolls
3
its falling off from the tree. The latter remarks (scrinia da magnis ). Boxes used for preserving
that the wild fig-tree engenders small gnats (culi- other things besides books were also called capsae,*
ces), which, when the natal tree decays, and fails to while in the scrinia nothing appears to have been
afford them nutriment, betake themselves to the kept but books, letters, and other writings.
domestic tree, and, penetrating by their bites into The slaves who had the charge of these book-
the fruit of this, introduce, along with themselves, chests were called capsarii, and also custodes scrin-
the heat of the sun, which causes the fruit into iorum ; and the slaves who carried, in a capsa be-
which they have entered to ripen. These insects hind their young masters.the books, &c., of the sons
consume, also, the milky humour in the young fruit, of respectable Romans, when they went to school,
the presence of which would make them ripen more were also called capsarii (Quern sequitur cnstot
slowly. The process of caprificatipn, as given by angustce nernula capsae.*). We accordingly find
modern authorities, is as follows " The operation :
them mentioned together with the paedagogi (con
10 rendered necessary by the two stat quosdam cum padagogis et
following facts, capsariis uno prandio
namely, that the cultivated fig bears, for the most necatos*).
part, female flowers only, while the male flowers When the capsa contained books of importance,
are abundant upon the wild fig-tree and, secondly, ;
it wassealed or kept under lock and key ; 7 whence
that the flower of the fig is upon the inside of the Horace 8 says to his work, " Odisti elates, et grata
9
receptacle which constitutes the fruit. It is hence sigilla pudico."
found necessary to surround the plantations and CAPSA'RII, the name of three different classes
gardens containing the figs with branches and limbs of slaves :
37-)
v.)
5-
Classica, p. 136.)^. (H. N., xi.,
(Griffith's Cuvicr, vol. v., p. 314.)
191. Bdttiger, Sabina, i., 102.) 10. (Dig. 1, tit. 15, s. 3.) H
6. (Comment, in 12. (dpyvfifi] riijrjf
(Spartian., Hadr., 10, fAe^uvrojciiiroj.)
., vi., 7. (H. N., xv., 19.)
433.) 8. (Encyclopedia Americana,
Horn., II., i., 219.) 13. (Plin., H.N.,xjcxiii., 12.) 14. (Claud.,
d. v., p. 115.)9.
(Sat., i., 141.) De Laud. Sti!., ii., 88.) 15. (Imag., ij , 9.) 16. (Claud., 1. c-l
211
CAPt/T. CARACALLA.
word, were said to have no caput. The sixth class gnate either the convex upper part of the liver, 01
of Servius Tullius comprised the proletarii and the one of the prominences of the various lobes which
capite censi, of whom the latter, having little or no !brm its lower and irregularly concave part. It is,
property, were barely rated as so many head of citi- lowever, more obvious and natural to understand
zens. 6 ay it the upper part, which is formed of two prom-
He who lost or changed his status was said to be
inences, called the great and small, or right and left
capite minutus, deminutus, or capitis minor."
1
The lobes. If no caput was found, it was a bad sign
phrase se capite deminuere was also applicable in (nihil tristius accidere potuit) ;
if well defined, or
case of a voluntary change of status. 8 double, it was a lucky omen.*
9
Capitis minutio is defined by Gaius to be statu. *CARA, a plant. (Vid. CAREUM.)
pcrmutatio. A Roman citi'/en possessed libertas *CAR'ABUS (Ka/mfo?), a crustaceous animal, of
civitas, and familia : the loss of all three, or of lib which there frequent mention in the classics. It
is
ertas and civitas (for civitas included familia), con is the Locusta of Pliny, in French langouste. There
stituted the maxima capitis deminutio. This capi is some remarks Adams, in determining
difficulty,
tis deminutio was sustained by those who refuse what Schneider
to species of Cancer it applies.
to be registered at the census, or neglected the re thinks it was certainly not the Cancer homarus ;
gistration, and were thence called incensi. The in and he is not quite satisfied that it was the C. ele
census was liable to be sold, and so to lose his lib 1
phas.
erty but this being a matter which concerned citi
; CARACA'LLA was an outer garment used in
zenship and freedom, such penalty could not be in Gaul, and not unlike the Roman lacerna. (Vid. LA
flicted directly, and the object was only effected b
CERNA.) It was first introduced at Rome by the
Emperor Aurelius Antoninus Bassianus, who com
the fiction of the citizen having himself abjured hi
freedom. (Fid. BANISHMENT, p. 136.) Those wh to court to wear it,
pelled all the people that came
refused to perform military service might also b whence he obtained the surname of Caracalla.
old.
10
A Roman citizen who was taken prisone This garment, as worn in Gaul, does not appear U
by the enemy lost his civil rights, together with hi have reached lower than the knee, but Caracalla
liberty, but he might recover them on returning t lengthened it so as to reach the ankle.
It after
his country. (Vid. POSTLIMINIUM.) Persons con ward became common among the Romaic, and gar
ments of this kind were called caracallae Antonianse
1. (Ovid, Met., vii., 423.) 2. (^ ov KOI \a6ai naxalpaisv
vovrv,i : Eustath. ia Dionvs., 293.) 3. (Montfaucon, Antiq. .E
pliqufie, iii., 122, pi. 61.) 4. (Caes., Bell. Gall., iv., 15.) 1. (Ulp., Frag., xi., 11. Compare Tacit., Ann., xii., 53, anl
(Liv., iii., 24 ; x., 47.) 6. (Cell., xvi., 10. Cic., De Repub.,i Suet., Vesp., 11.) 2. (Plin., H. N., xi., 37, s. 73.) 3. (Lir.
*!.) 7. (Hor., Carm., III., v., 42.) 8. (Cic., Top., c. 4.) viii., 9.) 4. (Cic., Do Div., ii., 12, 13. Liv., xxvii., 26 .) S
(iy.g 4, tit. 5, t 1.) 10. (Cic., Pro Csecina, 34. Ulp., Fragm (Schneider, ad Aristot., II ,
A
iv., 3. Adams, Append ,
g. v.>-
212
CARCER. CARCHARIAS.
to distinguish them from the Gallic caracallae. 1 It ans, the yopyvpa, as at Samos. 1 Ihe prison at
usually had a hood to it, ap.d came to be worn by Athens was in former times called 6ea/j.uT7/piov, and
the clergy. Jerome 3 speaks of "pallioltm mirtz pul- afterward, by a sort of euphemism, oiKr/pa. It wan
chritudinis in modum caracallarum sed f.bsque cucul- chiefly used as a guardhouse, or place of execu
fo." tion, and was under the charge of the public officer*
CARBA'TINA. (Vid. PERO.) called the eleven, oi 'ivdtna. One gate in the prison,
*CARBUNC'ULUS (uv6paj), the Carbuncle, a through which the condemned were led to execu-
precious stone, deriving its name, both in Greek tion, was called TO Xapuvelov.*
and Latin, from resemblance to a small ignited
its The Attic expression for imprisonment was Jetv.
coal. The ancients called by these two names all Thus, in the oath of the fiovfavrai, or senators, oc-
the red transparent gems, which have since been curs the phrase ovds 6?jau 'Adqvaiuv oiideva. Hence
distinguished by the different appellations of Ruby, we have the phrase udea/iof ^v/laKjy, 3 the "libera
Garnet, &c., all of which they regarded merely as custodia" of the Romans, signifying that a party
species of the Carbuncle. Theophrastus and Stra- was under strict surveillance and guard, though not
bo enumerate the Carthaginian and Garamantian confined within a prison.
" Those CARCER (ROMAN). A career or prison was first
carbunculi among those most in repute.
carbuncles," observes Dr. Moore, "which Pliny Rome by Ancus Marcius, overhanging the
built at
calls Alabandic, because they were cut and polish- Forum.* This was enlarged by Servius Tullius,
ed at Alabanda, were precious garnets, still called who added to it a souterrain or dungeon, called
by some mineralogists Alabandines or Alamandines. from him the Tullianum. Sallust 6 describes this as
What he afterward says of Alabandic carbuncles, being twelve feet under ground, walled on each side,
which were darker coloured and rougher than oth- and arched over with stonework. For a long time
ers, may be explained by supposing that near Ala- this was the only prison at Rome,' being, in fact,
banda both precious and common garnets were ob- the " Tower," or state prison of the city, which was
tained." The term Carbunculus was also applied sometimes doubly guarded in times of alarm, and
to a species of black marble, on account of its like- was
the chief object of attack in many conspiracies. 7
ness to a quenched coal, and out of which mirrors Varro8
tells us that the Tullianum was also named
"
were sometimes made.' Lautumiae," from some quarries in the neighbour-
CARCDR. Career (Verier, Ger., yopyvpa, Greek) hood ; or, as others think, in allusion to the " Lau-
is connected with fywof and eip-yu, the guttural be- tumiae" of Syracuse, a prison cut out of the solid
ing intercl anged with the aspirate. Thus also Var- rock. In later times the whole building was called
IO,
4 " Can
tr a coercendo quod prohibentur exire." the " Mamertine." Close to it were the Scalae Ge-
CARCER (GREEK). Imprisonment was seldom moniee, or steps, down which the bodies of those
used amoi g the Greeks as a legal punishment for who had been executed were thrown into the Fo-
to be exposed to the gaze of the Roman popu-
they preferred banishment to the expense rum,
offences ;
of keeping prisoners in confinement. do, in- lace.' We
There were, however, other prisons besides
deed, find some cases in which it was sanctioned this, though, as we might expect, the words of Ro-
by law but these are not altogether instances of man historians generally refer to this alone. One
;
its being used as a punishment. Thus the farmers of these was built by Appius Claudius, the decem-
of the duties, and their bondsmen, were liable to vir, and in it he was himself put to death. 10
imprisonment if the duties were not paid by a speci- The career of which we are treating was chiefly
fied time ; but the object of this was to prevent the used as a place of confinement for persons under
escape of defaulters, and to ensure regularity of accusation, till the time of trial and also as a place ;
5
payment. Again, persons who had been mulcted of execution, to which purpose the Tullianum was
in penalties might be confined till they had paid specially devoted. Thus Sallust 11 tells us that Len-
them.* The dn/zoi also, if they exercised the rights tulus, an accomplice of Catiline, was strangled there.
of citizenship, were subject to the same consequen- Livy also 1 * speaks of a conspirator being delegatus in
ces. 7 Moreover, we read of a Jcr,of for theft but Tullianum, which in another passage is otherwise
1*
;
this was a Trpoari^rj^a, or additional penalty, the in- expressed by the words in inferiorem demissus car-
fliction of which was at the option of the court cerem, necatusquc.
which tried the case ; and the dec/wc itself was not The same part of the prison was also called " ro-
an imprisonment, but a public exposure in the TTO- bur," if we may judge from the words of Festus :
doKUKKi), or stocks, for five days and nights the TO " Robur in carccre dicitur is locus, quo pr&cipitatur
ev i-vty Se6eadai. We
may here observe, that in maleficorum genus." This identity is farther sh wn
most cases of theft the Athenians proceeded by by the use made of it for it is spoken of as a place ;
" civil action " In robore
;" and if the verdict were against the of execution in the following passages :
defendant (et rtf idiav SiKrjv Khoirrjg dhoin), he had et tenebris exspirare." 1 * " Robur et saxum (sc. Tar-
to pay, by way of reparation, twice the value of the peium) minitari." 1 * So also we read of the " catena*
1*
stolen property: this was required The et Italum robur."
by law.
irpo<rri//j///o was at the discretion of the court.* Still CAR'CERES. (Vw,. CIRCUS.)
the idea of imprisonment per se, as a punishment, *CARCHARTAS (Kapxapiag\ a species of fish,
was not strange to the Athenians. Thus we find called in English the White Shark, and in French
9
that Plato proposes to have three prisons : one of Requin. The scientific name is Squalus carcharias,
these was to be a au<j>poviarrjpiov, or penitentiary ; L., or Carcharias vulgaris, Cuvier. The Carchari-
*nother a place of punishment a sort of penal set- as is the same with the Lamia of Aristotle, 17 Galea,
tlement away from the city. and Pliny ; 18 the "kd^vrj of Oppian the KVUV &a%dr- ;
The prisons in different countries were called by rtof /" sea-dog") of ^Elian 19 and the Kapxapog KVUV ;
different names thus there was the 'A.vayKaiov, in of Lycophron. 30 It has also been called by some
:
held considerably more than a pint, and its handles it, as is that of the last-mentioned animal. 1
were so large as easily to admit a man's hand. "CAR'CINUSt/cap/c/vof), the genus Cancer or Crab,
of which many species are described by Aristotle.
According to Pennant, Aristotle notices the Velvet-
crab, or Cancer velutinus, L. a The napKivoc, TTOTU.-
" This
[itoe belongs to the genus Thclphusa. species
of crab enjoyed a great celebrity among the Greeks,
and we see it on the coins of Agrigentum in Sicily,
where it is represented with so much truth that it
is impossible to mistake it. Particular mention is
made of this crustaceum in the writings of Pliny,
Dioscorides, Nicander, and others. It is the Gran-
do or Granzo of the Italians. It was believed that
the ashes of this species were useful, from their
desiccative qualities, to those who had been bitten
by a mad dog, either by employing those ashes
The same term was used to designate the tops of alone, or mixed with incense and gentian. Accord-
a ship, that is. the structure surrounding the mast ing to ^Elian, the fresh-water crabs, as well as the
tortoises and crocodiles, foresaw the inundations of
immediate]) above the yard (vid. ANTENNA), into
which the mariners ascended in order to manage the Nile, and, about a month previously to that
the sail, to obtain a distant view, or to discharge event, resorted to the most elevated situations in
missiles (hie summi This the neighbourhood. The kind of Crustacea termed
superat carchesia mali*).
was probably called " carchesium" on account of its by modern naturalists Ocypode is probably the same
resemblance in form to the cup of that name. The of which Pliny makes mention, and which the
ceruchi or other tackle may have been fastened to Greeks, by reason of the celerity of its movements,
"
its lateral projections, which corresponded to the designated as the Hippeus (Imrevc.), or Horseman."
handles of the cup (summitas mali, per quam funes With regard to the Cancer Pinnotheres, or small
6
trajiciunt ; foramina, qua. summo mali funes recipi-
Crab, vid. PINNOPHYLAX.*
ent 1 ). Pindar 8 calls the yard of a ship " the yoke of *CARDAMTNE (Kapdapivn), the second species
its carchesium," an expression well suited to the
of 2tcrvfi6piov. The term is applied by modern
relative position of the parts. botanists to a genus closely allied to the Cresses.
The carchesia of the three-masted ship built for (Vid. SISYMBRIUM.)*
Hiero II. by Archimedes were of bronze. Three *CARDAMO'MUM, according to Pliny, 8 a species
men were placed in the largest, two in the next, of aromatic shrub, producing a seed or grain of the
and one man in the smallest. Breastworks (#wpu- same name with the parent plant. This seed was
Kia) were fixed to these structures, so as to supply
used in unguents. The Roman writer mentions
the place of defensive armour and pulleys (rpoxrj- four kinds of this seed the first, which was the
:
A/at, trochlca) for hoisting up stones and weapons best, was of a very bright green, and hard to break
from below. 9
The continuation of the mast above up
;
the second was of a whitish-red colour the ;
the carchesium was called " the distaff" (^/la/car??), third, smaller, and of a darker hue the fourth and
;
*CARCIN'IUM (KapKiviov), according to Pennant, this way the Greeks and Romans actually obtained
% species of shellfish, the same with the Cancer theirs, by the Red Sea, and the overland trade
Bcrnardus, Linn., or Hermit-crab. It is more cor- through Arabia. Only three kinds are known at
rect, however, to say that the Greeks applied the the present day, the large, medium, and small sized.
name Carcinion generically to the parasite crusta- M. Bonastre thinks that cardamomum means amo- '
a hinge, a pivot.
The first figure in the annexed woodcut is de- and the anatomists call
joint of a bivalve shell ;
signed to show the general form of a door, as we those joints of the human body ginglymoid which
find it with a pivot at the top and bottom (a, b) in
allow motion only in one plane, such as the elbow
ancient remains of stone, marble, wood, and bronze. Of this kind of hinge, made by inserting a
The second figure represents a bronze hinge in the joint.
pin through a series of rings locking into one an-
collection of the British Museum its 1
Egyptian other, we have examples in helmets and cuirasses.
:
pivot (b) is exactly cylindrical. Under these is The form of the door above delineated makes it
drawn the threshold of a temple, or other large edi-
manifest why the principal line laid down in sur-
fice, with the plan of the folding-doors. The pivots land was called " cardo" (aid. AGRIMENSO-
move in holes fitted to receive them (b, b), each of veyinga and it farther
RES) explains the application of the
;
The proper GreeH name for this kind of hinge xii., 6.) 2. (Fcstus, s. v. Decumanus. laid., Orig., XT., 14.)
:
13
was y/yy^ujuof whence Aristotle applies it to the 3. (Varro, De Re Rust., i., 2. Ovid, Ep. Ex Pont., ii., 10, 45.)
4. (Cic., De Nat. Deor., ii., 41. Vitruv., vi., 1 ix., 1.) 5. ;
1. (Adams, Append., s. v.) 2. (Ciris, 222. Eurip., Phoen., (Lucan, v/> 71.) 6. (Servius, ad JEn., i., 85.)'. (Josephus,
114-116. Schol. ad loc.) 3. (Apulcius, Met., i.) 4. (II., xii., Ant. Jud., III., vi., 3.)8. (Vitruv., x., 15.) 9. '*., 10.) 10.
459.) 5. (Virg., JEn., ii., 480, 493.) 0. (Quint., Smyrn., x., (Varro, De Re Rust., iii., 5.) II. (Vitruv., x., 32., 12. (Schol
388.) 7. (Theophrast., II. P., v., 3, 5. Plin., II. N., xvi., 77.) ad Aristoph., Av., 450.) 13. (Virg., JEn., i., 672.) 14. (Lu
8. (Vir ff ., JEn., i., 449.) 9. (Ovid, Met., xi., 608.) 10. (Id. can, vii., 381.) 15. (H. A., ix., 1.) 16. (H. P., vi., 4.) 17
ib,, xiv., 782.) 11. (Tibull., I., vi., 20. Propert., I., xvi., 25.) (iii., 14. Sprengel, R H. H., vol. i., p. 185.) 18. (Flora Clawu
-'2 (Plaut., Curcul., I., iii.. 1-4.) 13. (H. A., iv., 4.) ra, p. 208.)
21ft
CA.RMENTALIA. CARNEIA.
edible thistle, and, according to Sibthorp, is the same Romulus, if we may believe the authority of Plu-
with the Scolymus Hispanicus ; Schneider, however, tarch. 1 These were feriae stativae, i. e., annually
is in favour of the Cynara cardunculus, or Cardon held on a certain day, the llth of January and an ;
Artichoke.
1
(Vid. ACANTHA.) old calendar assigns to them the four following
8
cabbage (une espece de chou sauvage), of which moreover, that other divinities were called by the
Jacquin has given a description under the title of same name as, for instance, the Carmenta Post-
;
Crambe Tartaria. The Chara of modern botanists is verta and Carmenta Prorsa were invoked in cases
quite different from this, being a small aquatic of childbirth for farther information with respect
herb. ;
*CAREX, a species of Rush. The Carex is men-7 to whons, see Aul. Gell., xvi., 6 Ovid, Fast., i., 634. ;
sharp' by Virgil, which, if it be meant of the end Carneios, was worshipped in various places of Pel-
1
of the stalk, is no more than what Ovid has said of oponnesus, particularly at Amyclse, at a very early
the Juncus, or common Rush. It is mentioned also period, and even before the Dorian migration.*
8
in another passage of Virgil,
'
tu post carccta late- Wachsmuth, 9 referring to the passage of Athenaeus
bas,' from which we can gather no more than that above quoted, thinks that the Carneia had long be-
these plants grew close enough together for a per- fore been celebrated and that when, in Olymp.
;
son to conceal himself behind them. Catullus 26, Therpander gained the victory, musical con-
mentions the Carcx together with Fern, and tells tests were only added to the other solemnities of
what season is best to destroy them. Since, there- the festival. But the words of Athenaeus, who is
fore, it is difficult to determine what the Carex is the only authority to which Wachsmuth refers, do
from ancient authorities, we must depend upon the not allow of such an interpretation, for no distinc-
account of Anguillara, who assures us that, about tion is there made between earlier and later solem-
Padua and Vincenza, they call a sort of rush Ca- nities of the festival, and Atheneeus simply says
reze, which seems to be the old word Carex modern- the institution of the Carneia took place Olymp.
ized. Caspar Bauhin says it is that sort of rush 26 ('Eyevero <5e 17 diaif ruv Kapveiuv /card rrfj
which he has called Juncus acutus panicula sparsa. wf Swoifodf <J>TI<TIV, kv
IKTTJV KOI einoaTirv 'OAi>/i7nu<5a,
It is, therefore, our common hard rush, which V xpovuv). The festival began on the seventh
Trepl
grows in pastures and by waysides in a moist soil. day of the month of Carneios=Metageitnion of the
10
It is more solid, hard, and prickly at the point than Athenians, and lasted for nine days. It was, as
our common soft rush, which seems to be what far as we know, a warlike festival, similar to the
the ancients called Juncus." 9 Attic Boedromia. During the time of its celebra-
*CARIS (/ca/K'c), a sea-animal of the class Crus- tion, nine tents were pitched near the city, in each
tacea. According to Adams, it is the Squilla of of which nine men lived in the manner of a military
Cicero and Pliny, 10 a term that has been retained in camp, obeying in everything the commands of a
the Linniean nomenclature. It is the Cancer squil- herald. M
uller also supposes that a boat was car-
la, L. The larger kind of Squilla, he adds, is called ried round, and upon it a statue of the Carneian
White Shrimp in England the smaller, Prawn. ; Apollo ('A7ro/U,wv aTe/ifiariac:'),
both adorned with
The Kapi<; Kv<j>r/ of Aristotle is a variety of the Can- lustratory garlands, called tiiKr/hnv areuuaTiaiov, in
cer squilla, called in French Crevette. In the sys- allusion to the passage of the Dorians from Naupac-
tems of Latreille and Fleming, the term Carides is tus into Peloponnesus. 11 The priest conducting the
appliel to a subdivision of the Crustacea. In these sacrifices at the Carneia was called 'Ayjjri'is, whence
systems, the Prawn gets the scientific name of the festival was sometimes designated by the name
18
Palainon serratus, the common Shrimp that of 'AyT/ropm or '\-yrjTopEiov ;
and from each of the
Spartan tribes five men (Kapvearai) were chosen
11
Crangon vulgaris."
CARINA. (Vid. NAVIS.) as his ministers, whose office lasted four years, du-
GARMENT A'LIA. Carmenta, also called Car- ring which period they were not allowed to marry.
1 *
1'
jtutntis, is have been the mother of
fabled to Some of them bore the name of Sra^vAodpd/zot.
Evander, who came from Pallantium in Arcadia Therpander was the gained the prize in
first who
and settled in Latium he was said to have brought
; the musical contests of the Carneia, and the musi-
with him a knowledge of the arts, and the Latin cians of his school were long distinguished compet-
14
alphabetical characters as distinguished from the itors for the prize at this festival. and the last ol
Etruscan. 18 In honour of this Carmenta, who was this school who engaged in the contest was Periclei-
supposed to be more than human, were celebrated
18 17
das. 1'
When we read in Herodotus and Thucyi-
the Carmentalia,-* even as early as the time of
(Romul.. c. 21.)2. (Grut., p. 133.) 3. (Fast., i., 467.)
1.
1. (Billerbeok, 1. c., and p. 205.) 2. (Plin., II. N., xix., 8. 4. (Liv., ii.,49.) 5. (Dionys., i.,31.) 6. (1. c.) 7. (ap. Athen.,
48.) 5. (ad Caes., 1. c., Lemaire's ed.) 6. (Ueorg., iii., 9. (Hellen. Alterthumsk., ii., 2, p. 257.) 10. (Athemeus, iv., p
Civ., iii.,
231.) 7. (ad Virg., 1. c.) 8. (Eclog., iii., 20.) 9. (Martyn, 1. 141. Eustath. ad II., xxiv., sub fin. Plut., Syinp., viii., 1.)
c.) 10. (Cic., De Nat. Deor., ii., 48. Plin., H. N., ix., 42.) 11. (Dorians, i., 3, <) 8, note .) 12. (Hesych., s. v. 'Ay^rdpw
11. (Adams. Append., s. v.) 12. (Niebuhr, Rom. Hist., i., p. 01*.)- 13. (Hesych., s. v. KapveaTai.) 14. (Hesych., s v. Com
37, trans}. Tacit., Ann., xi., 14.) 13. (Liv., i., 71.) 14. (Var- pare Bekker, Anecdot., p. 205.) 15. (Mi'iller, Dor., iv., 6, > 3.J
t, De Lm-r. Lat., v.) 16. (Plut., De Mus., 6.) 17. (vi. 106 ; vii., 206.i
216
CARPENTUM. KARPOU DIKE.
ides that the Spartans, during the celebration of nities in honour of his deceased mother A gripping
1
this festival, were not allowed to take the field her carpentum went in the procession.
1
This prac-
against an enemy, we must remember that this re- tice, so similar to ours of sending carriages to a
striction v.as not peculiar to the Carneia, but com- funeral, is evidently alluded to in the alto-relievo
mon to all the great festivals of the Greeks traces here represented, which is preserved in the British
;
of it are found even in Homer.* Museum. It has been taken from a sarcophagus,
Carneia were also celebrated at Gyrene, 3 in The- and exhibits a close carpentum drawn by four hor-
4 in 6
ra, Gythion, Messene, Sicyon, and Sybaris. ses. Mercury, the conductor of ghosts to Hades,
CAR'NIFEX, the public executioner at Rome, appears on the front, and Castor and Pollux, with
8
who executed slaves and foreigners, but not citi- their horses, on the side panel.
ens, who were punished in a manner different from
elaves. It. was also his business to administer the
this was a high distinction, the privilege of riding in Carpenta, or covered carts, were much vised by
a carpentum on such occasions was allowed to par- our ancestors the Britons, and by the Gauls, the
ticular females by special grant of the senate. This Cimbri, the Allobroges, and other northern nations.*
was done on behalf of Agrippina (TU ap7m>r<p ev These, together with the carts of the more common
rate navijyvpeai, ^pr/otfai *), who availed herself of form, including baggage-wagons, appear to have
1
the privilege so far as even to enter the Capitol in been comprehended under the term carri or carr,
ber carpentum. 1 * A medal was struck (see wood- which is the Celtic name with a Latin termination.
The Gauls and Helvetii took a great multitude of
them on their military expeditions and, when they ;
sometimes by four horses like a quadriga. For its wood of a red colour and easy to cleave, and
grand occasions it was very richly adorned. Agrip- covered with a livid and rugged bark. It was called
pina's carriage, as above represented, shows paint- Zygia (&yia) by the Greeks, because often used to
ing or carving on the panels, and the head is sup- make yokes (Cvy) for oxen. The scientific name
7
is betulus.
ported by Caryatides at the four corners. Carpinus
The convenience and stateliness of the carpen- KAPIIOT AI'KH (Kapirov Jt'/c?/), a civil action un
tum were also assumed by magistrates, and by men der the jurisdiction of the thesmothetae, might be
of luxurious habits, or those who had a passion for instituted against a farmer for default in payment
driving.
19 of rent. 8 It was also adopted to enforce a judicial
When Caligula instituted games and other solem- award when the unsuccessful litigant refused to sur-
render the land to his opponent, 9 and might be used
1. (v , 54, and in other places.) 2. (Od., xxi., 258, &c.) 3. to determine the right to land, 10 as the judgment
(Callhn., Hymn, in Apoll., 72, seq.) 4. (Callim., 1. c. Pindar, would determine whether the plaintiff could claim
Pyth., T., 99, seq.) 5. (Paus., iii., 21, 7, and 24, 5 ; iv., 33, 5 ;
rent of the defendai .t.
li., 10, 2 Theocrit., v., 83. Compare Miiller's Orchomenus, p.
287.; 6. (Plaut., Bacch., IV., iv., 37. Capt., V., iv., 22.) 7.
(Cic.,ProRabir., 5.) 8. (Plaut , Pseud., I., iii., 98.) 9. (Plaut., 1. (Suet., Ca%., 15.)2. (Florus, i., 18 ; iii., 2, 3, and 10.)
Can., II., vi., 2. Tacit., Ann., xv., 60. Hor., Epod., v., 99.) 3. (Gas., Bell. GaH., i., 24, 26.) 4. (Veget., Mulomed., lii.,
10 (Plut., Galb., 20.) 11. (Rud., III., vi., 19.) 12. (Lipsius, Prsef.) 5. (Pallad.. x., 1.) 6. (Paul. JE%in., vii., 3. Adanw,
Excurs. ad Tacit., Ann., ii., 32.) 13. (Liv., v., 25. Isid., Orig., Append., s. v.) 7. (Plin., II. N., xvi., 15, 18, 40 Compaw
xx., 12.) 14. (Dion Cass., lx.) 15. (Tacit., Ann., xii., 42.) Vitruv., ii., 9.) 8. (Meier, Att. Process, 531.) 9. (Hudt-
16. (Suet., Claud., 17.) 17. (Liv., i., 34.) 18. (Lamprid., He- walcker, 144. Meier, Att Process, 750.) 10. (Ilarpocrat., i.
ng., 4.) 19. (Juv., Sat., viii., 146-152.) and Oiicias Sitn.)
Ei 217
CARYAIIS. CASTANEA.
CARR'AGO. a kind of fortification, consisting writers after him, treat the preceding account ae
of a great number of wagons placed round an fabulous.
army. It was employed by barbarous nations, as,
lor instance, the Scythians,
1
Gauls (vid. CARPEN-
TITM), and Goths. 8
of
Carrago also signifies sometimes the baggage
an army.'
CARRU'CA was a carnage, the name of which
to have
only occurs under the emperors. It appears
been a species of rheda (vid. RHEDA), whence Mar-
tial, in one epigram,* us<?s
the words as synony-
mous. It had lour wheels, and was used in trav-
elling. New is said never to have travelled with
less than 1000 carrucae.
8
These carriages were
sometimes used in Rome by persons of distinction,
Jke the carpenta (vid. CARPENTUM), in which case
they appear to have been covered with plates of After the subjugation of the :<iryatae. their terri
<
bronze, silver, and even gold, which were some- tory became part of Laconia. The fortress (%u-
8
times ornamented with embossed work. Alexander
1
piov ) had been consecrated to Artemis, whose
Severus allowed senators at Rome to use carrucae image was in the open air, and at whose annual
and rhedae plated with silver G ana Martial 7 speaks
;
festival (Kapwin? eop-r;/ 3 ) the Laconian virgins con-
of an aurea carruca which cost the value of a farm. tinued, as before, to perform a dance of a peculiai
We have no representations of carriages in ancient kind, the execution of which was called KapvaTi&iv.
works of art which can be safely said to be carru- Blomfield thinks that the Caryatides in architecture
cae, but we have several delineations of carriages were so called from these figures resembling the
ornamented with plates of metal.* Carrucae were statue of "Aprefj.if Kapvune, or the Laconian virgins
also used for carrying women, and were then, as who celebrated their annual dance in her temple.*
well, perhaps, as in other cases, drawn by mules,
9
CARTON (Kdpvov\ the Walnut.
"
By itself,"
whence Ulpian 10 speaks of mulct carrucana. observes Adams, " the ndpvov is undoubtedly to be
CARRUS. (Vid. CARPENTUM.) generally taken for the Juglans regia, or common
CAR'YA or CARYA'TIS (Kapva or Kaptxm'f), Walnut. I am farther disposed to agree with Stack-
a festival held at Caryae, in Laconia, in honour house in holding the ndpva Evfoiicd, Hepaticd, and
of Artemis Caryatis. 11 It was celebrated every Baa&tKd as mere varieties of the same. The KU-
year by Lacedaemonian maidens (Kapvaridef) with pvov HOVTIKOV or Tienro-Kupvov, of Dioscorides an
national dances of a very lively kind," and with sol- Galen, is as certainly the Nux Avellana, or Filbert
emn hymns. being the fruit of the Corylus Avellana, or Ha7el
CARYA'TIS (Kctpvunf), pi. CARYA'TIDES. nut." 8 (Vid. AVELLANA NUCES.)
From the notices and testimonies of ancient au- *CARIOPHYLL'ON (Kapv6<j>vMov), Cloves ;
a
thors, we may gather the following account That : the flower-buds of the Cariophyllus aromaticus (Eu
Caryae was a city (civitas) in Arcadia, near the La- genia Caryophyllata of the London Dispensary)
conian border ; that its inhabitants joined the Per- They are first noticed by Paul of ^Egina.* Symeoii
sians after the battle of Thermopylae ; 13 that on the Seth 7 likewise gives a short account of cloves. Then
defeat of the Persians the allied Greeks destroyed is no mention of the clove in the works of Dioscori-
the town, slew the men, and led the women into des, Galen, Oribasius, or Aetius, but it is regularly
captivity and that, as male figures representing
;
noticed in the Materia Medica of all the Arabian
8
Persians were afterward employed with an histori- physicians.
cal reference instead of columns in architecture *CASIA CASSIA
(Kama, Kacaia?), Cassia.
or
Moses Charms says of " The tree called Cassia
(vid. ATLANTES, PERS^:), so Praxiteles and other it,
Athenian artists employed female figures for the is almost like that which bears the Cinnamon.
same purpose, intending them to express the garb, These two barks, though borne by different trees,
and to commemorate the disgrace of the Caryatides, are boiled and dried after the same manner, and
or women of Caryae. 1 * This account is illustrated their taste and scent are almost alike" "I can
by a bas-relief with a Greek inscription, mentioning see no difficulty," observes Adams, " about recog-
the conquest of the Caryatse, which is preserved at nising it as the Laurus Cassia." Stackhouse, how-
Naples, and copied in the following woodcut. ever, prefers the Laurus gracilis, but upon what au-
In allusion to the uplifted arm of these marble thority he does not explain. The Kaaoia avpiyl; and
" The
statues, a celebrated parasite, when he was visiting fv/lo/ca<ria are thus explained by Alston :
in a ruinous house, observed, " Here we must dine Cassia lignea of the ancients was the larger branch-
with our left hand placed under the roof, like Ca- es of the cinnamon-tree cut off with their bark, and
ryatides." (Vid. CARPENTUM.) The Caryatides sent together to the druggists their Cassia fistula,
;
executed by Diogenes of Athens, and placed in the or Syrinx, was the same cinnamon in the bark oi>!y,
Pantheon at Rome, above the sixteen columns which as we now have it stripped from the tree, and roll-
surrounded the interior, may have resembled those ed up into a kind of Fistula, or pipes." The Greeks
which are represented in a similar position in one then were unacquainted with ou? Cassia fistula,
of the paintings on the walls of the baths of Titus. 15 which was first introduced into medical practice br
It is proper to observe that
Lessing, and various the Arabians. 10
*CASSIT'EROS. (Vid. PLUMBUM.)
1. (Trebell. Poll., Gallien., 13.) 2. (Amm.
Marcell., xxxi., 20.
*CASTA'NEA (Kaaravia, Kaardvia, or Katmu.i],
-Compare Veget., iii., 10.) 3. (Trebell. Poll., Claud., 8 Vo- the Chestnut-tree, or Fagus Castanea, L. Its fruit
pic., Aurelian, 11.) 4. (iii., 47.) 5. (Suet., Ncr., 30.) 6. was called by the Latin writers Castanea nux, and
(Lwnp., Alex. Sev., 43.) 7. (iii., 72.) 8. (See Inghirami, Mo-
nun. Etrusch., iii., 18, 23. Millingen, Uned. Mon.,ii., 14.) 9. 1. 2. (Diana Caryatis.
(Steph. Bvz.) Serv. inVirg., Eclog..
(Dig. 34, tit. 2, s. 13.) 10. (Dig. 21, tit. 1, n. 36, $ 8.) 11. viii., 30.) CHesych.) 4. (Mus. Crit., vol. ii.,p. 402. Paus.,
3.
(Hesych., s. v. Kapvai.) 12. (Paus., iii., 10, $ 8; iv., 16, $ 5. iii., 10, 8 ; Lucian, De Salt. Plutarch, Artax.) 5.
iv., 16, 5.
Pollux, Onom., iv., 104.) 13. (Herod., viii., 26. Vitruv., i., 1, (Theophr., iii., 2. Dioscor., i., 178. -Adams, Append., s. v.) 6.
5.) 14. (Vitruv., 1. c. Plin., H. N., xxxvi., 45 and 11.) 15. (vii., 3.) 7. (De Aliment.) 8. (Adams, Append., s. v.) 8
(Dee.*-, des Bains de Titus, pi. 10. Wolf and Buttmann's Mu- (Theophr., H. P., ix., 4. Dioscor. i., 12.) 10. (Serapion, FoJ ,
from an excavation made some years since by the A, praetorium. B, tents of the tribunes. C> tents
students of the French Academy ; they explain of the praefecti sociorum. D, street 100 feet wide
part of the internal construction, and show the ar- E, F, G, and H, streets 50 feet wide. L, select
!
angement adopted for disposing of the superfluous foot and volunteers. K, select horse and volun-
water of an aquaeduct, 1 and how works of this na- teers. M, extraordinary horse of the allies N,
lurc were made to contribute to the embellishment extraordinary foot of the allies. 0, reserved for
and comforts of the city. The general stream of occasional auxiliaries. Q, the street called Quin-
water is first divided by the round projecting but- '_ana, 50 feet wide. V., P., Via Principalis, 100 feet
tress into two courses, which subdivide themselves wide.
into five minor streams, and finally fall into a res- N.B. The position assigned to the praefecti soci
1 "
ervoir in the manner directed by Vitruvius, im- orum is doubtful.
missarium ad recipiendum aquam castdlo conjunc- The duty of selecting a proper situation for the
tum." Thus the structure affords also an example camp (castra metari) devolved upon one of the trib-
of that class of fountains designated by the Ro- unes and a number of centurions who were speci-
mans emissaria. ally appointed for that purpose, and sent in advance
*CASTOR (nucTup), the Beaver, or Castor Fiber. whenever the army was about to encamp they ;
It is also called KVUV TroTu/niog. The Kaaropog op%i, were called metatores, from their office. After fix-
or Kaaropiov, is Castor, but this substance is not ing on a proper locality, they then chose and dis
the testicles of the animal, as was generally sup- tinguished with a white flag a place for the praetori-
posed by the ancients, but a peculiar gland, placed um (A) or general's tent praetor being the old
in the groin of the beaver of both sexes. The an- name of the consul. 1 This was fixed, if possible
cients had a story prevalent among them, that the on an elevation, so as to secure an extensive pros
Beaver, when closely pursued, bit off its testicles, pect, and afford every convenience for giving orders.
and, leaving these to the hunters, managed in this About it was measured out a square, each side of
3
way to escape. which was 100 feet distant from the white flag, and
*CASTOR'EUM. (Vid. CASTOR.) therefore 200 feet in length, so that the whole area
CASTRA. The system of encampment among amounted to four plethra, or 40,000 square feet.
the Romans, during the
later ages of the Republic, (Vid. ARURA.) The two legions of the consular
was one of singular regularity and order ; but any army were arranged on that side of the praetorium
attempt to trace accurately the steps by which it which commanded the best supply of forage and
reached this excellence, would be an unprofitable water, and which we may call the front, in the
task, in which we shall not engage. We may, how- following manner :
ever, observe, that in the earlier wars of Rome with Fifty feet distant from the line of the front side
the neighbouring petty states, the want of a regular of the square just mentioned, and parallel to it, were
camp would seldom be felt, and that the later form arranged the tents (B) of the twelve tribunes of the
of encampment, which was based upon the consti- two legions. The intermediate space of fifty feet
tution of the legion, would not have been applicable in breadth was appropriated to their horses and
to the Roman army under the kings and in the first baggage and their tents were arranged at such in-
;
ages of the Republic, when it was arranged as a tervals one from the other as to cover the line of
phalanx. We
read, indeed, of stativa castra, or sta- the legions whose encampment they faced. On the
tionary camps, in the wars with the ^Equi and Vol- right and and in the same line with the tents
left of,
sci, and of winter-quarters being constructed for of the tribunes, seem to have been placed those of
the first tiny, at the siege of Veii (B.C. 404-395*;, the praefecti sociorum (C), covering and fronting
and it is not improbable that the great Samnite war the flank of the allies, as the former did that of the
(B.C. 343-290) led to some regular system of en- legions. The spaces lying immediately behind the
campment. This was followed by the campaigns tents of the tribunes, to the right and left of the
against Pyrrhus (B.C. 280-275), whose superior praetorium, were occupied by the forum and quaes-
tactics and arrangement of his forces were not like- torium the former a sort of market-place, the lat
;
ly to be lost upon the Romans. The epoch of the ter appropriated to the quaestor and the camp stores
first Punic war (B.C. 264-241), in which Rome had under his superintendence.
to contend against various
mercenary forces, was On the sides of, and facing the forum and quaesto-
succeed :d by the long struggle against the Cisal- rium, were stationed select bodies of horse (K),
pine Ga, 's, and in both these contests the Romans taken from the extraordinaries (knifaKToi ruv OTTO-
found am >le opportunities for MKTUV,) with mounted volunteers, who served out
improving themselves
in the art of war. The second Punic war followed of respect to the consul, and were stationed near
(B.C. 218 201), in which Hannibal was their ad- him, not only in the camp, but also on the line of
versary ai d teacher. After its conclusion, their march and elsewhere, so that they were always
military operations were no longer confined to Italy, ready to do any service for him as well as the
but directe 1 against more distant
enemies, the Ma- quaestor.
cedonian a ad Syrian kings (B.C. 200-192). These, Behind, and parallel to these, but facing the sides
of course, i squired a longer absence from of the camp, were posted similar bodies of foot-sol-
home, and
often expos 3d them to enemies of
superior forces, diers (L). Again, parallel with the line of the
so that it b came necessary to tribunes' tents, and stretching behind the praetorium,
protect themselves,
hoth in the field and in the the quaestorium, and the forum, ran a street or via
camp, by superiority in
discipline and skill. Shortly after these times flour- (D), 100 feet broad, from one side of the camp to
ished Polybius, the historian of the other. Along the upper side of this street was
Megalopolis (a friend
and companion of Scipio Africanus the "
younger), ranged the main body of the extraordinary" horse
who expresses his admiration of the Roman system (M), parallel to and fronting the line of the tribunes'
of encampment, and tells his readers that it is well tents they were separated into two equal parts by
:
worthy of their attention and study. 6 His descrip- a street fifty feet broad (E), perpendicular to their
tion of the Roman camp of his day is front, and leading from the praetorium to the higher
remarkably
clear we proceed to give it with the accompany-
; or back gate of the camp, the Porta Decumana. At
ing plan. the back of this body of cavalry was posted a simi-
lar body of infantry (N), selected from the allies,
1. (Compare Plin.,H. I*., xxxvi.,24, 3.) 2. (viii., 7.) 3. (Ar- and facing the opposite way, i. c,, towards the ram-
istot., II. A., viii., 7 Adams, Append., s. v. Kv<av irora'uioc )
i. (Liv., iii., 2 ; v., 2.) 5. (Hist., vi., 24, cd. Gron.) >
l (Niebuhr, Hist. Rom., i .
520. truwl
220
C ASTRA CASTRA.
PORTA PRETORIA
TRENCH AND RAMPARTS.
,ower portion being cut lengthways by five streets, We may now observe, that every morning at
and crossways by one so that, as Polybius re-
: daybreak the centurions and horsemen presentee
marks, the whole was not unlike a city, with rows themselves to the tribunes. The latter then went
?f houses on each side of the streets. to the consul and received his orders, which were
The arrangements we have explained were adapt- conveyed through the former to the soldiers. The
ed for a regular consular army but in case there ;
watchword for the night, marked on a four-corner-
was a greater number than usual of allies, they had ed piece of wood, and therefore called tessera, was
assigned to them either the empty space
about the given out in the following way A soldier in every
:
praetorium, increased by uniting the forum and tenth maniple, posted farthest off from the tribune's
quaestorium, or an additional
row of tents on the tent, was exempted from guard duty, and presented
sides of the Roman legions, according as they were himself at sunset before the tribune, from whom he
fresh comers, or had been in the camp from its first received the tessera he returned with it to his own
;
formation. If four legions or two consular armies tent, and, in the presence of witnesses, gave it to
were united and enclosed by the same ramparts, the centurion of number nine it was passed on by
;
their two camps then formed an oblong rectangle, him to the centurion of number eight, and so on,
the back of each single camp being turned to the till it came back to the tribune. Besides the guards
" extraor-
other, and joined at the parts where the (excubia) of the tribunes, &c., which we have al-
dinaries" were posted, so that the whole perimeter ready mentioned, there were also several night
was three halves of, and the length twice that of, watches (mgilice.): thus there were generally three
the single camp. about the quaestorium, and two for each of the lega
The camp had four gates, one at the top and ti;
each division (ru-yua) also set a watch for itself.
bottom, and one at each of the sides the top or ;
The velites were stationed by the walls of the ram-
back gate (ab tergo, or maxime avers a ab hoste ) was
1
part, and supplied the posts or pickets at the gates
called the Decuman the bottom or the front gate
; (stationes ante portas agebant).
was the Praetorian the gates of the sides were the
;
We will now describe the arrangements for the
Porta Principalis Dextra and the Porta Principalis inspection of the night-watches, first observing that
Sinistra. The whole camp was surrounded by a the night was divided into four, each of three hours'
trench (fossa), generally nine feet deep and twelve length ; the arrangements were as follows The
:
broad, and a rampart (vallum) made of the earth soldiers of the watch-companies, supplied by the
that was thrown up (agger), with stakes (valli) fixed different maniples who were to furnish the guards
at the top of it. The labour of this work was so during the first watch of the night, received from
divided that the allies completed the two sides of the tribune a number of small tablets (fv/l^ia) with
the camp along which they were stationed, and the certain marks upon them, and then went to their
two Roman legions the rest the centurions and ; respective posts. The duty of visiting these posts,
tribunes superintended the work performed by the and making the nightly rounds of inspection, de-
Romans, the prefects of the allies seem to have volved upon the horsemen. Four of these, who
done the same for them. were selected for this duty every day, according to
We will now" speak of the discipline of the camp. a regular cycle, received from the tribune written
After choosing the ground (loca capere), the proper instructions as to the time when they were to visit
officers marked, by flags and other signals, the each post, and the number of posts to be visitfrl :
principal points and quarters so that, as Polybius
; they were called circuitores (TreptTroAoi), and, in thu
observes, the soldiers, on arriving at the place, pro- time of Vegetius, circitores. After receiving then
ceeded to their respective stations like troops en- orders, they went and posted themselves by the
tering a well-known city, and passing through the first maniple of the triarii, the centurion of which
streets to their several quarters. The tribunes then was required to see that the hours of the watch
met, and administered to all, freemen as well as were properly given by the sound of the trumpet :
" that
slaves, an oath to the effect they would steal then, when the time came, the circuitor of the first
nothing from the camp, and bring whatever they watch proceeded on his rounds to all the posts il ;
might find to the tribunes." After this, two mani- he found the guards awake and on duty, he took
ples were chosen from the principes and hastati of their tablets if he found them asleep, or any one
;
each legion, to keep clean and in good order the absent from his post, he called upon the frienda
Via Principalis, a place of general resort. The re- who accompanied him to witness the fact, and so
maining eighteen maniples of the principes and has- passed on to the next post. The same was done
tati were assigned by lot, three to each of the six by the circuitores of the other watches. The next
tribunes, and had to perform for them certain du- morning, all the inspectors appeared uefore the
ties, such as raising their tents, levelling and paving tribunes, and presented the tablets they had re-
the ground about them, and fencing in their bag- ceived any guard whose tablet was not produced,
;
gage when necessary. These three maniples also was required to account for it. If the fault lay
supplied two regular guards of four men each, part with the circuitor, he was liable to a stoning, which
of whom were posted in front of the tribunes' tents, was generally fatal. A
regular system of rewards
part at the back by the horses. The triarii and and punishments was established in the camp, aftei
velites were exempt from this duty but each mani- ; describing which, Polybius gives the following com-
ple of the former had to supply a guard of men to parison between the methods of encampment among
the turma of horse that was at their back their ;
the Romans and Greeks.
chief duty was to look after the horses, though they The latter, he says, endeavoured to avail them-
als. attended to other things. Moreover, each of selves of the natural advantages afforded by any
the thirty maniples of foot kept guard in turn about ground they could seize upon, thus avoiding the
the consul, both as a protection and a guard of hon- trouble of intrenchment, and securing, as they
our. The general arrangements of the camp were thought, greater safety than any artificial defence
under the direction of two of the tribunes, who would have given them. The consequence of this
were appointed by lot from each legion, and acted was, that they had no regular form of camp, and
for two months. The prefects of the allies took the different divisions of an army had no fixed place
their turn of authority in the same way, but, in all to occupy.
probability, over their own troops only. In describing the Roman camp and its internal
arrangements, we have confined ourselves to the in-
1. (Veget., i., 23.) formation given by Polybius, which, of course, ap
222
CATALOGOS. CA1APIRATER.
plies only to his age, and to armies constituted like i) to make out the
of persons liable tD
list
those he witnessed. When the practice of drawing service (vid. A2TPATEIA2 TPA*H), in which
duty
up the army according to cohorts, asc-ribed to Ma- they were probably assisted by the demarchi, and
rius or Caesiir (vid. ARMY, p. 104), had superseded sometimes by the Povfavrai. 1
the ancient division into maniples, and the distinc- KATAAY'2ES22 TOT AHMOY TPA$H (Kara-
tion of triarii, &c., the internal arrangements of TOV OTjiiov ypayfi) was an action brought
the camp must have been changed accordingly. against those persons who 'had altered, or attempt-
So, also, was the outward form for we learn from ;
ed to alter, the democratical form of government at
Vegetius, who lived in the reign of the Emperor Athens. A person was also liable to this action
Valentinian (A.D. 385), that camps were made who held any public office in the state after the
8
square, round, or triangular, to suit the nature of democracy had been subverted. This action is
the ground, and that the most approved form was closely connected with the npotiooiac ypaifi] (ini
the oblong, with the length one third greater than Trpodoata rf/c Tro/lewf, rj eirl narahvoei TOV dfiftov*),
the breadth. 1 He also distinguishes between camps with which it appears in some cases to have been
made only for a night or on a march, and those almost identical. The form of proceeding was the
which were stativa, or built strongly for a station- same in both cases, namely, by daayyehia. In the
ary encampment. Another author also* alludes to case of KaTa^vcfuq TOV dfifiov, the punishment was
places in the camp which Polybius does not men- death the property .of the offender was confiscated
;
tion, e. g., the valetvdinarium, or infirmary ; the vet- to the state, and a tenth part dedicated to Athena. 4
erinarium, or farriery the fabrica, or forge 3 the
; ; CATAL'USIS. (Vid. CAUPONA.)
tabulinum, or record-office. Besides this, we read *CATANANKE " There are few
(KaravdyKTj).
of a great variety of troops under the emperors plants in the Materia Medica of the ancients," ob-
which did not exist under the Republic, and, of serves Adams, " about which there is such a diver
course, had their respective stations assigned them sity of opinion. It will be sufficient to mention
in the camp. that Sprengel, upon the whole, inclines to the opin-
In closing this article, we will mention some ion that the first species is the Ornithopus com-
points, a previous notice of which would have in- pressus, and the other the Astragalus magniformis,
terrupted the order of description. Herit."
We learn from Tacitus* that a part of the praeto- CATAPHRACTA. (Vid. LOEICA.)
imm was called the augurale, the auguries being CATAPHRA'CTI (/cara^pa/croi). This word was
there taken by the general. used in two different significations :
The quaestorium, in former times, seems to have I. It was the name of the heavy-armed cavalry,
been near the back gate, or Porta Decumana, hence the horses of which were also covered with defen
called quaestoria. 5 The same author 6 tells us that sive armour,* whence they are called by Pollux*
the tribunes formerly inspected (circumibant) the irepnrE<l>pay(ivoi. The armour of the horses con-
night-watches. In the principia, or its immediate sisted either of scale armour, or of plates of metal,
neighbourhood, was erected the tribunal of the gen- which had different names, according to the parts
eral, fiom which he harangued the soldiers.
7
The of the body which they protected. Pollux 7 speaks
tribunes administered justice there. 8 The princi- of the 7rpo/j.eTumSt.ov, napuiriov, irapf/iov, irpooTcpvi-
pal standards, the altars of the gods, and the ima- dtov, irapairhevpiSiov, TrapajiTjpidiov, TrapaKVjjpidiov,
9
ges of the emperors, were also placetl there. Among many of the Eastern nations, who placed
From the stationary camps, or castra stativa, their chief dependance upon their cavalry, we find
arose many towns in Europe l in England, espe- ; horses protected in this manner but among the ;
cially those whose names end in cester or Chester. Romans we do not read of any troops of this de-
Some of the most perfect of those which can be scription till the later times of the Empire, when
traced in the present day are at Ardoch and Strat- the discipline of the legions was destroyed, and the
hern, in Scotland. Their form is generally oblong. chief dependance began to be placed on the caval-
The castella of the Romans in England were ry. When Postumus leaves Rome for the Eastern
places of very great strength, built for fixed stations. wars, Galla prays,
Burgh Castle iu Suffolk, the ancient Garanomium, " Neve tua Meda latentur cade
and Richborough Castle, the Rutupise of the Ro- sagitta,
Ferreus armato neu cataphractus equo."*
mans, near Sandwich in Kent, are still standing ;
they seem to have been built nearly on the model This species of troops was common among the
of the castra. For information on the Roman sta- Persians from the earliest times, from whom it
tions in this country, the leader is referred to Gen- was adopted by their Macedonian conquerors.' In
10
eral Roy's Military Antiquities in Great Britain. thearmy of Cyrus, Xenophonsays that the horses
CATAGRAPHA. ( Vid. PICTURA.) were protected by coverings for the forehead and
CATALO'GIA. (Vid. ANALOGIA.) chest npoaTspvidiois) ; and the
(Trpo/ierwTTiJi'oif Kal
CATALO'GTON. (Vid. CAUPONA.) same was the case with the army of Artaxerxes".
CATAFTYX. (Vid. GALEA.) when he fought with his younger brother) 11 Troops .
CATA'LOGOS, the catalogue of those persons in of this description were called clibanani by the Per-
Athens who were liable to regular military service. sians (cataphracti equites, quos clibanarios dictitanl
At Athens, those persons alone who possessed a Persa 13 ). We
first read of cataphracti in the Roman
certain amount of property were allowed to serve 13
army in the time of Constantine.
la the regular infantry, while the lower class, the II. The term CATAPHRACTI was applied to ships
thetes, had not this privilege. (Vid. CENSUS.) Thus which had decks, in opposition to aphracti. (Vid.
the former are called oi CK narahoyov arparevovTef, APHRACTUS.)
and the latter oi fo TOV /caraAoyov." Those who CATAPIRATER (KaTamtpaT^pia, /SoJUf), the
were exempted by their age from military service lead used in sounding, or fathoming the depth of
18
are called by Demosthenes oi vnep rov KardTwyov. water in navigation.
Ft appears to have been the
duty of the generals
1. (Demosth., c. Polycl., p. 1208.) 2. (Andoc., De Myst., 48.)
1. (Veget., iii., (Hyginus, De Castramet.) 3. (Cic.,Ep.
8.) 2. 3. (Demosth v c. Timocr., 748.) 4. (Andoc., De Myst., 48.)
ad Fam., iii., 8.) 4. (Ann.,
ii., 13; xv., 30.) 5. (Liv., x., 32; i. (Serv. ad Virg., ^En., xi., 771.) 6. (Onom., i., 140.) 7. (1.
ixxiv., 47.) 7. (Tacit., Ami., i., 67.
6. (xxvifi., 24.) Hist., ii., c.) 8. (Propert., III., x., 11.) 9. (Liv., xxxv., 48; xxxvii., 40.)
29.) 8. (Liv., xxviii., 24.) 9. (Tacit., Ann., i., 39 iv., 2.
; 10. (Cyrop., vi.,4, 1.) 11. (Xen., Anab., i.,8, 7.) 12. (Amm.
Hist., 1. p,) 10. (Casaub. ad Sueton., Octav., 18.) 11. (Xen., Marccll., xvi., 10. Compare Lamprid., Alex. Sev., 56.)- -13
Uellen., ii. 3, 20.) 12. (De Synt., p. 167, c. 2.) (Amm. Marcell., 1. c.)
823
CATARACTA. CATENA.
The mode of employing this instrument appears A sluice constructed in a watercourse, and maila
to have undergone no change for more than two to rise and fall like a portcullis, was called by ita
thousand years, and is described with exactness in name (cataractis aquae curium temperare ). Rutilius*
1
rhe account of St. Paul's voyage and shipwreck at mentions the use of such sluices in salt-works
Melite.
1
A cylindrical piece of lead was attached (Vid. SALINE.)
to a long line, so as to admit of being thrown into The term " cataracts" was also applied to those
the water in advance of the vessel, and to sink rap- natural channels which were obstructed by rocky
idly to the bottom, the line being
marked with knots barriers, producing a rapid and violent descent of
8 "
at each fathom to measure the depth. By smear- the water, as in the celebrated cataracts" of the
the bottom of the lead with tallow (unctum 3 ), Nile.
ing
specimens of the ground were brought up, showing *CATARACTES (/carap/cr?f), the name o a
whether it was clay,* gravel, or hard rock. bird mentioned by Aristotle. 3 Schneider (who reads
CATAPUL'TA. (Vid. TORMENTUM.) KarappuKTr/f) pronounces it, upon the authority of
CATARA'CTA (/carop/ia/cr^f), a portcullis, so CEdmann, to be the Pellecanus bassanus, L., or the
palled, because it fell with great force and a loud Gannet. In Scotland it is known by the name of
noise. the Solan Goose.*
According to Vegetius, it was an additional de-
8
KATASKOIIHS TPAfcH (KaraaKOTrw ypa<t>n), an
fence, suspended by iron rings and ropes before the action brought against spies at Athens. ("Av ph
gates of a city, in such a manner that, when the upa KEirepl TLQ fytpij irpiu.fj.evog, Srpe&loiiv ypdfyovai
enemy had come up to the gates, the portcullis TOVTOV wf KaTaaKOTTov.*) If a spy was discovered,
might be let down so as to shut them in, and to en- he was put to the rack in order to obtain informa-
able the besieged to assail them from above. In tion from him, and afterward put to death.* It ap-
accompanying plan of the principal entrance to pears that foreigners only were liable to this action,
'
the Jews at Jerusalem as early as the time of cuse.") C. (Antiphanes, 1. c. Demostb., De Cor., 272. JEa
David. 4 chin., c. Ctesiph., 616. Plut., Vit. dec. On
t., p. 848, A.) 7.
(Virg., ^En , vii., 741. Val. Flauc., vi., 83.- Aul.Gell., x., 25.,
8. (Serviui in Mu.., 1. c. Isid., Ong., xviii., 7.) 9. (ii., 76.)
1. (Acts, x.->ii., 28.52. (Isiti., On'g., *ix., 4. Eustath. in 10. (Stat., Theb., xii , 460.) 11. (Seneca, De Tranquill., i.,
3., y., r96.) 3 (LueMu., ap. T sid., 1. c.) 4. (Herod., ii., 5.) 10.) 12. (Sen., 1. c.) 3. (August'me.) 14. (Acts, xii., 6, 7 ;
5. (De Re Mu Jr., *.)- 3. v^sal. ~xiv., 7, 9. Compare Jer.,xx., xxi., 33.) 15. (Joseph. Bell. Jud., v., 10 ) 16. (Velleius Pa
x
A, Wspv terculus, ii., 82.)
2*1
CATOBLEPAS CAUCALIS.
ele or oval, the separate link is often shaped like the would annihilate them all for no one, says Plmy
;
figure 8, or is a bar with a circle at each end, or as- can catch its eye without expiring on the spot
1
sumes other forms, some of which are here shown. ^Elian makes the Catoblepas resemble a bull, but
The links are also found so closely entwined, that with a more fierce and terrible aspect. Its eyes,
the chain resembles platted wire or thread, like the according to him, are red with blood, but are small-
gold chains now manufactured at Venice. This is er than those of an ox, and surmounted by large
represented in the lowest figure of the woodcut. and elevated eyebrows. Its mane rises on tho
summit of the head, descends on the forehead, and
covers the face, giving an additional terror to its
aspect. It feeds, the same authority informs us, on
deadly herbs, which render its breath so poisonous,
that all animals which inhale it, even men them-
selves, instantly perish. Modern naturalists have
These valuable chains were sometimes given as formed the Genus Catollepas, in one of the species
rewards to the soldiers ;' but they were commonly of which they place the Gnu, an animal that may
worn by ladies, either on the neck (^epl TOV rpu^ri- possibly have given rise to some of these marvel
3
Tiov aMatov*), or round the waist and were used
;
lous tales. Indeed, no other creature but the Gnu
to suspend pearls, 01 jewels set in gold, keys, lock- could well give rise to so many singular ideas
ets, and other trinkets. There is none that has an air so extraordinary, and,
CATERVA'RII. (Vid. GLADIATORES.) at the same time, so mournful, by reason, principal-
CA'THEDRA, a seat ;
hut the term was more ly, of its long white eyebrows, and the hair, or, rath
particularly applied to the soft seats used by women, er, mane on its snout, a characteristic not found in
whereas sella signified a seat common to both sex- any other species of Antelope.
8
es (inter femineas cathedras*). The cathedrae were, *CATOCHFTIS (KOTO^T^ Tu'ttof), a species of
no doubt, of various forms and sizes ; but they usu- gem or stone found in Corsica, and adhering to the
ally appear to have had backs to them, as is the like gum. hand
It is thought to have been either
3
case in the one represented in the annexed wood- amber, or some variety of bitumen.
cut, which is taken from Sir William Hamilton's CATTUNOS (nuTpivoe) is a genuine Greek word,
work on Greek vases. On the cathedra is seated a with an exact and distinct signification, although it
bride, who is being fanned by a female slave with a is found in no lexicon, and only in two authors, viz.,
fan made of peacock's feathers. Mr. Charles Fellows, as quoted in ARATRUM, p. 79,
who gives the figure of the agricultura implement
which it denoted, with the name written over the
implement, from a very ancient MS. of Hesiod's
Works and Days.* It is doubtful whether the KUT-
fnvoc had a Latin name ;
for Pliny 5 describes it by
a periphrasis " vomerem subinde stimiifs.it
Purget :
*CAUDA EQUI'NA. (Vid. HIPPOURIS.) requented by the lower classes, since all persons
CAVJED1UM. (Vid. HOUSE.) n respectable society could easily find accommoda-
CAVEA. (Vid. THEATRUM.) ion in the houses of their friends. There were,
CAUPO'NA was used in two different significa- .owever, in all parts of the city, numerous houses
tions :
vhere wine and ready-dressed provisions were aold
2. inn, where travellers obtained
It signified an ?he houses where persons were allowed to eat and
food and lodging; in which sense it answered to rink were usually called popinae, and not cauponae
the Greek words iravSonelov, /caraywyiov, and ara- nd the keepers of them, popae. They were princi-
ally frequented by slaves and the lower classes,
1
\vei;.
a shop where wine and ready-dress-
2. It signified nd were, consequently, only furnished with stooj
ed meat were and thus corresponded to the
sold, o sit upon instead of couches, whence Martial1
Greek Kcnrrifciov. The person who kept a caupona alls these places sellariolas popinas. This cir-
was called caupo. umstance is illustrated by a painting found at Pom-
has been maintained by many writers that the
It >eii in a wine-shop, representing a drinking-scene.
Greeks and Romans had no inns for the accommo- here are four persons sitting on stools round a
dation of persons of any respectability, and that ripod table. The dress of two of the figures is re-
their cauponae and jravdoiceia, were mere houses of markable for the hoods, which resemble those of the
shelter for the lowest classes. That such, howev- apotes worn by the Italian sailors and fishermen
er, was not the case, an attentive perusal
of the f the present day. They use cups made of horn
classical authors will sufficiently show though it nstead of glasses, and, from their whole appear-
;
modate them in their own houses. They were, chamber painted with every species of indecency.*
however, frequently obliged to have recourse to the The ganea, which are sometimes mentioned in con-
public inns.
3
nexion with the popinae, 8 were brothels, whence
An inn was not only called caupona, but also ta- they are often classed with the lustra. 6 Under the
berna and taberna diuersoria,* or simply diversorium emperors many attempts were made to regulate the
or deversorium. popinae, but apparently with little success.
Tibe-
It has been already remarked that caupona also ius forbade all cooked provisions to be sold in these
signified a place where wine and ready-dressed shops ;' and Claudius commanded them
t be s\ at
They appear, however, to have
5 8
, provisions were sold, thus corresponding to the up altogether.
Greek aa^Tielov. In Greek KumjTio^ signifies, in been soon opened again, if they were ever closed ;
general, a retail trader, who sold goods in small for Nero commanded that nothing should be sold
in
quantities, whence he is sometimes called 7ra/Uy/ca- them but different kinds of cooked pulse or vegeta-
m/Aof, and his business TrahiyKanrjfoveiv* The bles 9 and an edict to the same effect was also
;
ito a person who sold ready-dressed provisions, and All persons who kept inns, or houses of public
especially wine in small quantities, as plainly ap- entertainment of any kind, were held in low estima
, pears from a passage in Plato.
7
When a retail tion, both among the Greeks and Romans." They
dealer in other commodities is spoken of, the name appear to have fully deserved the bad reputation
of his trade is usually prefixed thus we read of which they possessed for they were accustomed
; ;
8
" jrpofiaro/cuTrv/lof,
STTAUV KuTTTjhof, 9 uarritiuv Kamjhof, 1 to cheat their customers by false weights and meas-
^tCAtoKttTTTyAoc, &c. In these K.a^'rfktia. only person ures, and by all the means in their power, whenct
of the very lowest class were accustomed to eat Horace calls them pcrfidos 1 * and malignos. 13
and drink (ev KaTrrj^ei^ SE <j>ayetv i) TTISIV ovdelf ov6 CAUS^
PROBA'TIO. (Vid. Ci VITAS.)
&v oiKtrris EirieiKTjf eToA/^tre 11 ). CAUSIA (Kavaia), a hat with a broad brim, which
In Rome itself there were, no doubt, inns to ac was made of felt, and worn by the Macedonian
commodate strangers but these were probably only
;
1. (Cic., Pro Mil., 24.) 2. (v., 70.) 3. (Sat., II., iv., 62.)
1. (.fischin., Pals. Leg., p. 273.) 2. (Cic., De Div., i.
De 4. (Cell's Pompeiana, vol. ii., p. 10.) 5. (Suet., Tib., 34.)
V. Inv., ii., 4.) 3. (Hor., Epist., I., xi., 12. Cic., Pro Clu (Liv., xxvi., 2. Cic., Phil., xiii., 11. Pro Sext., 9.) 7. (Suet ,
ent., 59. Phil., ii., 31.) 4. (Plaut., Menxchm., II., hi., 81.)
Tib., 34.) -8. (Dion
Cass., lx., 6.) 9. (Suet., Ner., 16. Dion
5. (Mart., i., 57 ; ii., 48.) 6. (Demosth., c. Dionysodor., p
Cass., Ixii., 14.) 10. (Dion Cass., Ixvi., 10.) 11. (Theophr.,
1285 Aristoph., Plut., 1156. Pollux, Onora., vii., 12.) 7 Char., 6. Plat., Legg., xi., p. 918, 919.) 12. (Sat., I., i., 29.)
(Gorg., c. 156, p. 518.) 8. (Plutarch, Peric., 24.) 9. (Aris 13. (Sat., I., v., 4. Zell, Die Wirthshftuser <1. Alien. Stork*
toph., Pax., 1175.) 10. (Id .,430.) 11. (Isocr., Areiop., c. P w.- i, De Fopinis. Bhckcr, Callus, i., p. 227-236.)
226
CAUTIO. CEDRUS.
1
rings. Its form is seen in the annexed figures, egacies, or the legatee was entitled to the Bono-
which are taken from a fictile vase, and from a rum Possessio. Tutores and curatores were re-
quired to give security (satisdare) for the due ad-
ministration of the property intrusted to them, un-
ess the tutor was appointed by testament, or unless
the curator was a curator legitimus. 1 A pKocura-
or who sued in the name of an absent party might
be required to give security that the absent party
would consent to be concluded by the act of his
procurator; this security was a species satisda-
9
3
Jonis, included under the genus cautio. In the
;ase of damnum infectum, the owner of the land or
jroperty threatened with the mischief might call for
security on the person threatening the mischief.*
medal of Alexander I. of Macedon. The Unmans If a vendor sold a thing, it was usual for him to
Irom the Macedonians, and more espe-
11
adopted it declare that he had a good title to it, and that, if any
cially the Emperor Caracalla,
who used to imitate person recovered it from the purchaser by a better
3
Alexander the Great in his costume. ;itle, he would make it good to the purchaser
and ;
CAU'TIO, CAVE'RE. These words are of fre- n some cases the cautio was for double the value
quent occurrence in the Roman classical writers of the thing.* This was, in fact, a warranty.
and jurists, and have a great variety of significa- The word cautio was also applied to the release
tions, according to the matter to which they refer. which a debtor obtained from his creditor on satis-
Their general signification is that of security given fying his demand in this sense cautio is equiva
:
by one person to another, or security which one ent to a modern receipt it is the debtor's security
;
person obtains by the advice or assistance of an- against the same demand being made a second
other. The general term (cautio) is distributed into time.* Thus cavere ab aliquo signifies to obtain
its species according to the particular kind of the this kind of security. A
person to whom the usus
security, which may be by satisdatio, by a fidejus- fructus of a thing was given might be required to
sio, and in various other ways. The general sense give security that he would enjoy and use it prop-
7
of the word cautio is accordingly modified by its erly, and not waste it.
adjuncts, as cautio fidejussoria, pigneraticia, or hy- Cavere is also applied to express the professional
pothecaria, and so on. Cautio is used to express advice and assistance of a lawyer to his client for
8
both the security which a magistratus or a judex his conduct in any legal matter.
may require one party lo give to another, which ap- The word cavere and its derivatives are also
plies to cases where there is a matter in dispute
of used to express the provisions of a law by which
which a court has already cognizance ; and also the anything is forbidden or ordered, as in the phrase
security which is a matter of contract between par- Cautum &c.
est lege, principalibus constitutionibus"
ties not in litigation. The words cautio and cavere It is also used to express the words in a will by
are more particularly use<l in the latter sense. which a testator declares his wish that certain
If a thing is made a security from one person to things should be done after his death. The prep-
another, the cautio becomes a matter of pignus or aration of the instruments of cautio was, of course,
of hypotheca ; if the cautio is the engagement of a the business of a lawyer.
surety on behalf of a principal, it is a cautio fidejus- It is unnecessary to particularize farther the spe-
soria.* cies of cautio, as they belong to their several heads
The cautio was most frequently writing,
a which in the law.
expressed the object of the parties to it accord- CE'ADAS or CAI'ADAS (K ea&zf or Kaiudaq ) was
;
ingly, the word cautio came to signify both the in- a deep cavern or chasm, like the (3dpa6pm> at Athens,
strument (chirographum or instnnnentum) and the into which the Spartans were accustomed to thrust
object which it was the purpose of the instrument persons condemned to death.
9
5 6
to secure. Cicero uses the expression cautio *CEBLE'PYRIS (Ked^nvpif), a species of bird,
chirographi mei. The phrase cavere aliquid alicui mentioned by Aristophanes. It is probably, accord-
expressed the face of one person giving security7
to
ing to Adams, the Red-pole, or Fringilla Linaria,
another as to some particular thing or act. L. 10
8
Ulpian divides the praetoriae stipulationes into CEDIT DIES. (Vid. LEOATUM.)
three species, judiciales, cautionales, communes *CEDRUS (eJpof and Kcdpic.), the Cedar, as we
;
and he defines the cautionales to be those which commonly translate it. According to the best bo-
are equivalent to an action, and are a good ground tanical writers, however, the /cedpof of the Greeks
for a new action, as the stipulationes de legatis, and Cedrus of the Romans was a species of Juni-
tutela, ratam rem habere, and damnum infectum. per. The Cedar of Lebanon seems to have been
Cautiones then, which were a branch of stipula- but little known to the Greek and Roman writers.
tiones, were such contracts as would be ground of Theophrastus, according to Martyn, appears to
actions. The following examples will explain the speak of it in the ninth chapter of the fifth book of
passage of Ulpian. his History of Plants, where he says that the ce-
In many cases a heres could not safely pay lega- dars grow to a great size in Syria, so large, in fact,
cies, unless the legatee gave security (cautio) to re- that three men cannot encompass them. These
fund in case the will under which he claimed should large Syrian trees are probably the Cedars of Leb-
turn out to be bad.
9
The Cautio Muciana was the anon, which Martyn believes Theophrastus had
engagement by which the heres bound himself to only heard of, and which he took to be the same
fulfil the conditions of his testator's will, or to give with the Lycian cedars, only larger for in the ;
up the inheritance. The heres was also, in some twelfth chapter of the third book, where he de-
eases, bound to give security for the payment of
tit. 8, 3,
1. (Gaius, i., 199.) 2. (Id., iv., 99.) 3. (Dig. 46, .
tit.
1. (Val Max., v., 1, 4. Paus., ap.Eustath. ad II., ii., 121.) 13, 18, &c.)--l. (Cic., Top., 4. Gaius, iv., 31. Dig. 43, 8,
1 Pers., I., iii., 75. s. 5.) 5. (Dig. 21, tit. 2, s. 60.) 6. (Cic., Brut., 5. Dig. 46,
(Plaut., Mil. Glor., IV., iv., 42. Antip
7. (Dig. 7, tit. 9.) 8. (Cic., Ep. ad Fair.., iii.,
Thcss. in Brunckii Analcct., ii., 111.) 3. (Herodian, IV., vih. tit. 3, s. 69, 94.)
ecnbes iie Cedar particularly, he says the leaves ate at the top of the house. 1 Our expression 'a
are like those of Juniper, but more prickly and ; bring up the wine, the Latin one is bring down.
1
adds that the berries are much alike. The cedar The Romans had no such places as wine cellars, in
described by Theophrastus, therefore, cannot, as the notion conveyed by our term, that is, undei
Martyn thmks, be that of Lebanon, which bears ground cells for when the wine had not sufficient
;
cones, and not berries. He takes it rather for a body to be kept in the cella vinaria, it was put into
sort of Juniper, called Juniperus major bacca rufes- casks or pig skins, which were buried in the ground
3
cente by Bauhin, Oxycedrus by Parkinson, and Ox- itself. For an account of the cellce vinarice, consult
6
Gerard. 1 Dioscorides" de- Pliny,* Vitruvius, and Columella.'
ycedrus Phcmicea by
scribes two species, of which the first, or large The slave to whom the charge of these store*
Cedar, is referred by Sprengel to the Juniperus Phce- was intrusted was called cellarius,'1 or promus* or
the Juniperus communis. "
nicea, and the smaller to condus, quia promit quod conditum est,"* and
Stackhouse, on the other hand, refers the common sometimes promus - condus and procurator peni. 1 *
to the Juniperus Oxycedrus, This answers to our butler and housekeeper.
Kedpog of Theophrastus
and the Kedpif to the Juniperus Sabina, or Savin. Any number of small rooms clustered together
The Cedar of Lebanon, so celebrated in Scripture, like the cells of a honeycomb 11 were also termed
is a Pine, and is hence named Pinus Cedrus by cellce ; hence the dormitories of slaves and menials
modern botanists. The Kedpic of the medical au- are called cellce, 1 * and cellce familiaricce, 13 in distinc-
thors is, according to Adams, the resin of the Ju- tion to a bedchamber, which was cubiculum. Thus
3
Nicander calls it Kedpoio unevdic.. a sleeping-room at a public house is also termed cel-
niper.
1 *
*CELASTRUM (KTjhaarpov), a species of plant, la.
16
For the same reason, the dens in a brothel are
about which the botanical writers are much divided cellcz. Each female occupied one to herself, 1 ' over
in opinion. Sprengel marks it, in the first edition which her name was inscribed 17 hence ce1j,a inscrip- ;
of his R. H. H., as the Ligustrum vulgare, or Privet, ta means a brothel. 18 Cella ostiarii, 19 or janitoris**
and in the second as the Ilex Aquifolium, or Holly. isthe porter's lodge.
Stackhouse calls it the Celastrus. Clusius and In the baths, the cella caldaria, tepidaria, and
Bauhin are in favour of the Rhamnus alaternus, or frigidaria were those which contained respectively
ever-green Privet, an opinion which Billerbeck also the warm, tepid, and cold bath. (Vid. BATHS.)
espouses, and which probably is the true one.* The interior of a temple, that is, the part inclu-
CECRYPH'ALOS (/ce/cpt^aAo?)- (Vid. CALAN- ded within the outside shell, cvKOf (see the lower
TICA.) woodcut in ANT^E), was also called cella. There
CE'LERES, according to Livy, 6 were three hun- was sometimes more than one cella within the same
dred Roman knights whom Romulus established as peristyle or under the same roof in which case ;
pository for oil, for the peculiar properties of which Et geminas, causamlacrymis, sacraverat aras."* 3
consult Vitruvius," Cato, 17 18
Palladius, and Colu- with Hor., Carm., xxviii
1. (Compare Plin., Epist., ii., 17, III.,
mella. 19 3. Vinaria, a wine-store, which was situ-
,
585. Adams, Append., s. v.) 4. (Theophrast., H. P., i., 3, 9 xii., 3.) (Conroare Horat., Carm., I., i.x., 7; III., xxi., 8.)
9.
iii., 3, <fcc. Adams, Append., s. v. Billerbeck, Flora Classica 10. (Plaut., Pseud., II., ii., 14.) 11. (Virg., Geor^., iv., 164 )
p. 53.) 5. (i., 15.) 6. (ii., p. 262, &c.) 7. (Vid. Virg., JEn. 12. (Cic., Phil., ii., 27. Columella, i., 6.) 13. (Vitruv., vi., 10,
xi., 603.) 8. (Hist. Rom., i., p. 325.) 9. (Niebuhr, Hist. Rom.
p. 182.) 14. (Petron., c. 55 ) 15. (Petron., c. 8. Juv., Sat.,
i., p. 391, &c.) 10. (Niebuhr, Hist. Rom., i., p. 427.) 11. (Vid 16. (Ibid., 122.)
vi., 128.) 17. (Seneca, Controv., i., 2.) 18
Herod., v., 77.) 12. (Varro, Do Ling. Lat., v., 162, ed. Muller.) (Mart., xi., 45, 1.) 19. (Vitruv., vi., 10. Petron., c. 29.) 20.
13. (Varro, 1. c.) 14. (Suet., Octav., c. 6.) 15. (Amph., I., 21. (Theophrast., viii., 9.
(Suet., Vitell., c. 16.) Dioscor., ii.,
i., 4.) 10. (vi.,9.) 17 (De Re Rust., c. 13.) 18. (i.,20.) 19. 22. (Adams, Append s. v.) 23. (^En., iii., 303.- Com
119.)
<xii., 50.) pare Thucyd., ii., 34.)
228
CENSORES. CENSUS
Cenotaphia were considered as religiosa, and not replaced, and his colleague resigned. A eea 1
were not merely elected from, but also by the pa- constitution of Solon. This legislator made four
tricians. At first they held their office for five classes (Ti^/xara, ri\i\). 1. Pentacosiomcdimni, or
years; but Mamercus JEmilius, the dictator, passed those who received 500 measures, dry or liquid,
a law in B.C. 433, by which the duration of the from their lands. 2. Knights, who had an income
office was limited to 18 months, the election still of 300 measures. 3. Zeugita, whose income was
taking place, ah before, at intervals of five years, so 150 measures. 4. Thetes, or capite censi. The
that the office was vacant for three years and a half word rifj.r)fia, as used in the orators, means the val-
at a time. The censors were always patricians of uation of the property; i. e., not the capital itself,
consular rank till B.C. 350, when a plebeian, C. but the taxable capital. 1 Now if the valuation of
Marcius Rutilius, who had also been the first plebe- the income was that given in the distribution of the
ian dictator, was elected to the office. Subsequently, classes just mentioned, it is not difficult to get at
the censors might be, both of them, plebeians, and the valuation of the capital implied. Solon reckon-
even persons who had not filled the consulship or ed the dry measure, or medimnus, at a drachma. 4
praetorship might be elected to this magistracy but Now it is probable that the income was reckoned
;
this was very uncommon,* and was put a stop to at a twelfth part of the value of the land, on the
after the second Punic war. The censorship was same principle which originated the unciarium fa-
nus, or 8J per cent, at Rome
6
merged in the imperial rank. The duties of the if so, the landed prop-
;
censors were, at the first, to register the citizens erty of a pentacosiomedimnus was reckoned at a tal-
according to their orders, to take account of the ent, or 12x500=6000 drachmas; that of a knigk'.
property and revenues of the state and of the public at 12x300=3600 dr. ; and that of a zeugites at 12X
works, and to keep the land-tax rolls. In fact, they 150=1800 drachmas. In the first class the whole
constituted an exchequer-chamber and a board of estate was considered as taxable capital but in ;
works. 3 It was the discretionary power with which the second only fths, or 3000 drachmas and in the ;
they were invested that gave them their high dig- third, |ths, or 1000 drachmas ; to which Pollux al-
nity and influence. As they drew up the lists of ludes when he says, in his blundering way, that the
Roman citizens, according to their distribution as first class expended one talent on the public ac-
senators, equites, members of tribes, and aerarians, count; the second, 30 minas the third, 10 minas; ;
and as their lists were the sole evidence of a man's and the thetes, nothing. In order to settle in what
position in the state, it of course rested with them class a man should be entered on the register (<ino-
to decide all questions relative to a man's political ypa<l>ij), he returned
a valuation of his property, sub-
rank. And thus we find that, in effect, they could, ject, perhaps, to the check of a counter-valuation
if they saw just cause, strike a senator off the list, (i>KOTin7jffif). The valuation was made very fre-
deprive an equos of his horse, or degrade a citizen quently ; in some states, every year in others, ev- ;
to the rank of the aerarians. The offences which ery two or four years.
6
The censors, who kept the
rendered a man liable to these degradations were, register at Athens, were probably at first the nau-
ill treatment of his family, extravagance, following
crari, but afterward the demarchs performed the of-
a degrading profession, or not properly attending to fice of censor. Although this institution of Solon's
his own, or having incurred ajudicium turpe* The seems particularly calculated for the imposition of
power of the censors even extended to a man's the property-tax (dafyopd), Thucydides, 7 speaking
property. Every citizen was obliged to give in to of the year 428 B.C., says that it was then that the
the censors a minute and detailed account of his Athenians first raised a property-tax of 200 talents.
property, which was taken down in writing by the It seems, however, that the amount of the tax con-
notaries, so that, as Niebuhr says, there must have stituted its singularity for certainly property-taxes
;
been an enormous quantity of such documents and were common not only in Athens, but in the re t of
4
reports in the register-office. But the censors had Greece, before the Peloponnesian war, 8 and Anti-
unlimited power in estimating the value or fixing pho expressly says that he contributed to many of
the taxable capital thus cases are known in which them. 9 In the archonship of Nausinicus (Olym.
:
they rated the taxable value of some articles of 100, 3 B.C. 378) a new valuation of property took
;
property, as high-priced slaves, at ten times the place, and classes (avfi/topiai) were introduced ex-
purchase-money.
6
And they not only did that, but pressly for the property-taxes. The nature of these
even fixed the rate to be levied upon it. The cen- classes, our knowledge of which principally depends
sors also managed the farming of the vectigalia or on a note of Ulpian, 10 is involved in considerable ob-
11
standing revenues, including the state monopoly on scurity. Thus much, however, may be stated,
7
salt, the price of which was fixed by them. They that they consisted of 1200 individuals, 120 from
also agreed with contractors for the necessary re- each of the ten tribes, who, by way of a sort of lit-
pairs of the public buildings and roads. The care urgy, advanced the money for others liable to the
of the temples, &c., devolved on the praetor urbanus tax, and got it from them by the ordinary legal pro-
when there was no censor ; but there does not ap- cesses. In a similar manner classes were subse-
8
pear .0 be any reason for concluding, with Niebuhr, quently formed for the discharge of another and
that the offices of praetor and censor were ever more serious liturgy, the trierarchy and the strat- ;
combined. The censor had all the ensigns of con- egi, who nominated the trierarchs, had also to form
sular dignity except the lictors, and wore a robe
9 2. (Tacit., Ann., iv., 15 ) 3. (B3ckh,
entirely scarlet. If a censor died in office, he was 1. (Liv., xxiv., 43.)
Pub. Econ. of Athens, p. 270.)
ii., 4. (Plut., Sol., 23.) 5. (Nie-
1. (Heinecc., Ant. Rom.,
ii., 1.) 2. (Niebuhr, Hist. Rom.,
buhr, Hist. Rom., iii., p. 66.) 6. (Aristot., Pol., v., 8.) 7. (in ,
iii , p. (Niebuhr, Hist. Rom., ii., p. 395.) 4. (Cic.,
345.) 3. 19.) 8. (Thucyd., i., 141.) 9. (Tetral., i., J3. 12. Vid. Titt-
Pio Clucnt., 42. Gaius, iv., 182.) 5. (Hist. Rom., iii., p.
<)
mann, Darstell. d. Griech. Stnatsverf., p. 41.) 10. (ad De-
?50.)-H6. (Liv., xxxiv., 44.) 7. (Liv., xxix., 37.) 8. (Hist inosth., Olynth., ii., p. 33, E.) 11. (Vid. the discussion IB
Uom., iii, p. 356.) 9. (Polybius, vi., 5U.) Bockh's Public Economy of Athens, ii., j>. 285-307.)
229
CENT RITE. CENTUMVIRI.
ued but the taxable capital seldom amounted to says by no means agree in all their conclusions.
;
more than a part of it, being always much smaller The centumviri were judices, who resembled oth-
in the case of the poorer classes. Whereas at er judices in this respect, that they decided cases
Rome only res tnancipi were taken into the account, under the authority of a magistratus ; but they dif-
estates in the public domains not being returned to fered from other judices in being a definite body or
2
the censors, and some sorts of property were rated collegium. This collegium seems to have been di-
at many times their value ;
nor was any favour vided into four parts, each of which sometimes sat
shown to the poorer classes when their property, by itself. The origin of the court is unknown ; but
however small, came within the limits of taxation. it is certainly prior to the Lex ^Ebutia, which put
The numbers of. persons included in the censuses an end to the legis actiones, except in the matter
which have come down to us, comprehend not only of Damnum Infectum, and in the causae centumvi-
the Roman citizens, but also all the persons con- rales.
3
According to Festus,* three were chosen
nected with Rome in the relation of isopolity ; they out of each tribe, and, consequently, the whole num-
refer, however, only to those of man's estate, or ber out of the 35 tribes would be 105, who in round
able to bear arms. 3 numbers were called the hundred men and as ;
*CENTAUREA or -EUM (KEvravpiov and -if), there were not 35 tribes till 241 B.C., it has been
the herb Centaury, so called from the Centaur Chi- sometimes inferred that to this time we must assign
ron, who was fabled to have been thereby cured of the origin of the centumviri. But, as it has been
a wound accidentally inflicted by an arrow of Her- remarked by Hollweg, we cannot altogether rely on
cules.* It was also, from this circumstance, styled the authority of Festus, and the conclusion so drawn
Chironla and Xdpuvog pifa* There are two kinds from his statement is by no means necessary. If
of Centaury, the greater and the less, which have the .centumviri were chosen from the tribes, this
no other similitude than in the bitterness of their seems a strong presumption in favour of the high
taste. The less is also called hiuvatov, 6 from its antiquity of the court.
" It
loving moist grounds. grows wild in England," The proceedings in this court, in civil matters,
says Martyn, "in many places, and is the best were per legis actionem, and by the sacramentum.
known. The greater is cultivated in gardens." The process here, as in the other judicia privata,
7
The KEvravpiov UE-/O. is referred by Sprengel and consisted of two parts, in jure, or before the praetor,
Matthiolus to the Centaur ea Cenlaurium, L., and K. and in judicio, or before the centumviri. The prae-
uiKpuv to the Erythrea Centaurium, Pers. Stack- tor, however, did not instruct the centumviri by the
house makes the K. of Theophrastus to be the Cen- formula, as in other cases, which is farther explain-
taurea Centaurium.* The less is called in Greece, ed by the fact that the praetor presided in the ju-
8
at the present day, Qepfi6X opTov. Sibthorp found it dicia centumviralia.
everywhere in Greece in the level country. 9 It seems pretty clear that the powers of the cen-
*CENTRISCUS (KEvrpicKOf), a species of fish tumviri were limited to Rome, or, at any rate, tc
mentioned by Theophrastus. According to Wil- Italy. Hollweg maintains that their powers were
loughby, it was a species of Gasterosteus, called in also confined to civil matters ; but it is impossible
10
English Stickleback or Barnstackle. to reconcile this opinion with some passages,* from
*CENTRITE (KEvrptrrj), a species of fish men- which it appears that crimtna came under their
tioned by ..Elian, and called KEvrpivij by Athenasus
cognizance. The substitution of out for ut in the
and Oppian. It is the Squcdus Centrina, in Italian passage of Quintilian, 7 even if supported by good
Pesee porco. Rondelet says it has some resem- MSS., as Hollweg affirms, can hardly be defended.
blance to a sow, and delights in filth. 11 The civil matters which came under the cogni-
zance of this court are not completely ascertained.
1. (Demosth., ad Boeot., p. 997, 1.) 2. (Niebuhr, Hist. Rom.,
p. 446.) 3. (Vid. Niebuhr, Hist. Rom., ii., 4. (Plin
(Theophrast., H. P., iii., 17. Martyn, ad Virg., Georg., ii.,
i., p. 76.) 1.
H. N., xxv., 6.) 5. (Nicand., Ther., 500.) 6. (Dioscor., iii., 8, 2. (Zeitschrift, &c., v., 358.) 3. (Gaius, iv., 31.
413.) GelL,
9.) 7
(ad Virg., Georg., iv., 270.) 8. (Adams, Append., s. v.) xvi., 10.) -4. (a. v. Centumviralia Judicia.") 5. (1'lin., Epist.
9. (BiDerbeck, Flora Chissica, p. 52.) 10. (Adams, Append.,
v., 21.) 6. (Ovid, Tnsl., ii., 91. Phaedr., III., x., 35, &e
) 7
I vl 11. (JElian. N. A., i., 55 ii 8 Adams, Append., s. v.)
.
Many ol them (though we have no reason for say- The foregoing notice is founded on Hollweg s in
ing all of them) are enumerated by Cicero in a well- genious essay his opinions on some points, how-
;
known passage.' Holhveg mentions that certain ever, are hardly established by authorities. Those
matters only came ul.der their cognizance, and that who desire to investigate this exceedingly obscure
other matters were not within their cognizance ; matter may compare the two essays cited at the
and, farther, that sucJi matters as were within their head of this article.
cognizance were also within the cognizance of a CENTU'RIA. (Vid. CENTITRIO, COMITIUM.)
single judex. This writer farther asserts that ac- CENTU'RIO, the commander of a company of
tiones in rem, or vindicationes of the old civil law infantry, varying in number with the legion. If
(with the exception, however, of actiones praejtidici- Festus may be trusted, the earlier form was ccntu*
ales or status qua;stiones), could alone be brought be- rionus, like decurio, decurionus.
1
Quintilian tells \1
fore the centumviri and that neither a personal ac-
;
that the form chenturio was found on ancient in-
tion, one arising from contract or delict, nor a status scriptions, even in his own times.
quaestio, is ever mentioned as a causa centumviralis. The century was a military division, correspond-
Jt was the practice to set up a spear in the place ing to the civil one curia ; the ccnturio of the one
where the centumviri were sitting, and, accordingly, answered to the curio of the other. From analogy,
the word hasta, orhasta centumviralis, is sometimes we are led to conclude that the century originally
used as equivalent to the words judicium centumvi- consisted of thirty men, and Niebuhr thinks that
rale.* The spear was a symbol of quiritarian own- the influence of this favoured number may be traced
" a man was considered to have the in the ancient array of the Roman army. In later
ership for :
best title to that which he took in war, and, accord- times the legion (not including the velites) was com-
3 a
ingly, a spear is set up in the centumviralia judicia." posed of thirty maniples or sixty centuries as its :
Such was the explanation of the Roman jurists of strength varied from about three to six thousand,
the origin of an ancient custom, from which, it is ar- the numbers of a century would vary in proportion
gued, it may at least be inferred, that the centum- from about fifty to a hundred.
viri had properly to decide matters relating to qui- The duties of the centurion were chiefly confined
ritarian ownership, and questions connected there- to the regulations of his own corps, and the care ol
with. the watch. 3 He had the power of granting vaca-
It has been already said that the matters which tiones muncrum, remission of service to the private
belonged to the cognizance of the centumviri might soldiers, for a sum of money. The exactions on
also be brought before a judex but it is conjec- ; this plea were one cause of the sedition in the army
tured by Hollweg that this was not the case till of Blaesus, mentioned by Tacitus. 4 The vitis was
after the passing of the ^Ebutia Lex. He consid- the badge of office with which the centurion pun-
ers that the court of the centumviri was established ished his men.* The short tunic, as Quintilian*
in early times, for the special purpose of deciding seems to imply, was another mark of distinction :
questions of quiritarian ownership and the impor- ; he was also known by letters on the crest of the
tance of such questions is apparent, when we con- helmet. 7 The following woodcut, taken from a bas-
sider that the Roman citizens were rated accord- relief at Rome, represents a centurio with the vitis
ing to their quiritarian property that on their ra- ; in one of his hands.
ting depended their class and century, and, conse-
quently, their share of power in the public assem-
blies. No private judex could decide on a right
which might thus indirectly affect the caput of a
Roman citizen, but only a tribunal elected out of
all the tribes. Consistently with this hypothesis,
we find not on\y the rei vindicatio within the juris-
diction of the centumviri, but also the hereditatis
petitio and actio confessoria. Hollweg is of opin-
ion that, with the ^Ebutia Lex, a new epoch in the
history of the centumviri commences the legis ac- ;
of the principes became primipilus ;* but it was only forms us, those were very little prized which had
extraordinary service which could raise him at once lived in the salt marsh of Orbitello, in Tuscany, in
to the higher rank. Thus Livy, 3 " Hie me imperalor the lagunes of Ferrara and Venice, in those of
dignum judicavit, cui primum hastatum prioris centu- Padua and Chiozzi, and such as came from the
"
ritz assignarct," i. e., appointed rne to be first cen- neighbourhood of Commachio and Ravenna. All
turion (sc. of ihe right century} in the first maniple these places, in fact, are marshy, and the streams by
of hastati." which they are watered are brackish, and commu-
The optiones, according to Festus, were originally nicate to the fish which they support the odour and
called accensi : they were the lieutenants of the the flavour of the mud." 3 The ancients believed
centurion (probably the same with the succenturiones the Mullet to be a very salacious kind of fish, which
of Livy) and, according to Vegetius, 4 his deputies
;
circumstance may, perhaps, have given rise to the
during illness or absence. Festus confirms the ac- custom alluded to by Juvenal. 3
count of Polybius, that the optiones were appointed *CEPHEN (nn$nv\ the Drone, or male Bee. The
by their centurions, and says that the name was opinion that the male bee and droae were identical
" * as maintained by some of the ancient naturalists
r
tending the councils of the general. but, as Adams remarks, Aristotle distinguishes be-
" Ut tween it and the Aapof It may, however, as the
locupletem aquilam tibi sexagesimus annus
.
were of an inferior quality, and were called coma ; pine were represented by women, clothed in white,
and that, subsequently, this name was changed into running about with lighted torches. 1 During its
corna-cerasa. Pliny, on the other hand, expressly continuance, games were celebrated in the Circus
denies that cherries were known in Italy before Maximus, the spectators of which appeared in
2
3
the time of Lucullus.* In Greece, however, they white but on any occasion of public mourning, ;
were known at a much earlier period, having been the games and festivals were not celebrated at all,
described by Theophrastus* and the Siphnian Di- as the matrons could not appear at them except in
phylus.* This latter writer, who is quoted by white.* The day of the Cerealia is doubtful ;
Athenaeus, speaks of cherries as being stomachic, some think it was the ides, or 13th of April; others
though not very nutritive. He makes the very red the 7th of the same month.*
kind, and another called the Milesian, to have been CEREVI'SIA, CERVI'SIA (Ct#o f ), ale or beer,
the best, and to have been also good diuretics. was almost or altogether unknown to the ancient,
Pliny enumerates various species of cherries, such as it is to the modern, inhabitants of Greece and
as the Apronian, of a very red colour the Luta- Italy. But it was used very generally by the sur-
;
tian, of a very dark hue ; the round or Caecilian rounding nations, whose soil and climate were less
;
and the Junian, of an agreeable flavour, but so ten- favourable to the growth of vines (in Gallia, aliisquc
der that they had to be eaten on the spot, not bear- provinciis 6 ). According to Herodotus, 7 the Egyp-
ing transportation to any distance from the parent tians commonly drank ''barley-wine," to which
tree. The best kind of all, however, were the Du- custom ^Eschylus alludes (/c Kpidtiv /j.edv 8 Pelusi- :
raeinian, called in Campania the Plinian. The aci pocula zythi*). Diodorus Siculus 10 says that
6
Cherry-tree could never be acclimated in Egypt. the Egyptian beer was nearly equal to wine in
According to modern travellers, the hills near the strength and flavour. The Iberians, the Thracians.
site of ancient Cerasus are still covered with cher- and the people in the north of Asia Minor, instead
7
ry-trees, growing wild. of drinking their ale or beer out of cups, placed it
*CERATIA (Kspuria), the Carob-tree, or Cerato- before them in a large bowl or vase (Kparrjp), which
" "
nia siliqua. Horace," observes Adams, speaks was sometimes of gold or silver. This being full
of Carob-nuts as being an inferior kind of food to the brim with the grains as well as the ferment-
;
and so also Juvenal and Persius. It has been con- ed liquor, the guests, when they pledged one anoth-
jectured that it was upon Carobs, and not upon Lo- er, drank together out of the same bowl by stooping
custs, that John the Baptist fed in the wilderness. down to it although, when this token of friendship ;
This point is discussed with great learning by Olaus was not intended, they adopted the more relined
Celsius, in his Hierobotanicon. To me it appears method of sucking up the fluid through tubes of
that the generally received opinion is the more cane. 11 The Suevi, and other northern nations,
8
probable one in this case." offered to their gods libations of beer, and expected
*CERAU'NION (itepavviov), a variety of the that to drink it in the presence of Odin would be
9 18
Truffle, or Tuber Cibarium. among the delights of Valhalla. Epvrov, one of
*CERCIS (ep/ctf), according to Stackhouse, the the names for beer, 13 seems to be an ancient passive
Judas-tree, or Cercis siliquastrum. Schneider, how- participle, from the root signifying to brew.
ever, rather inclines to the Aspen-tree, or Populus *"For an account of the ancient Ales," says
tremula. 10 "
Adams, consult Zosimus Panopolita, de Zythorum
*CERCOPITHE'CUS (Kepnome^KOf), a species of confectione (Salisbech, 1814, ed. Gruner). The word
Monkey, with a long tail, from which circumstance os is derived from few, ferveo. Ale is called
" a
the Greek name has originated (KepKof, tail," olvoq KpWivog and olvog in npiduv by Herodotus
and irtdriKo?, " a monkey"). 11
Pliny describes the and Athenaeus mvov by Aristotle ; (3pvrov by ;
animal as having a black head, a hairy covering re- Theophrastus, JEschylus, Sophocles, &c. ; <j>ovicaf
sembling that of an ass, and a cry different from by Symeon Seth but its first and most ancient ;
that of other apes. Hardouin refers it to the Mar- name was QiQog or tydiov. Various kinds of Ale
12
mot, but this is very improbable. Cuvier states, are mentioned by ancient authors 1. The
Zythus :
that among the monkeys in India there are some Hordeaceus, or Ale from barley of which the rch v, ;
with long tails, grayish hair, and the face black ; as, vTov, the Curmi, Curma, Corma. and Curmon,
for example, the Simla entellus and the Simla fau- mentioned by Sulpicius and Dioscoridos ; the Cere-
nus. None, however, are found, according to him, visia, a term of Celtic origin, applied to an ale used
in this same country with grayish hair, and the by the Gauls (compare the Welsh crw) ; the Qovicaf
whole head black. 13 On the other hand, Wilkin- of Seth the Alfoca and Fuca of the Arabs, noticed ;
son 14 states that Pliny's description of the Cerco- by Symeon Seth, Rhases, and Haly Abbas, are only
pithecus, with a black head, accords with one spe- varieties. 2. The Zythus triticeus, or Ale from
cies of monkey still found in Ethiopia. The Cer- wheat. To this belong the Ccdia. or Ccria of Pliny,
copithecus was worshipped, according to Juvenal,
18
Florus, and Orosius, and the Corma of Athenasus
u
in Thebes, the old Egyptian capital, and, as Wilkin- 3. The Zythus succedaneus, prepared from grain of
son states, would seem to have been embalmed, not all kinds, oats, millet, rice, panic, and spelt ; also
only in that city, but also in other places in Egypt. from services 1S 4. The Zythus Dizythium, or Dou
It was frequently represented as an ornament in ble Beer, called by Symeon Seth fyovnaq avv uprv-
necklaces, in common with other animals, flow-
1. (Ovid, Fast., iv., 494.) 2. (Tacit., Ann., xv., 53.) 3. (Ovid,
ers, and fanciful devices ; and the neck of a bot- 4. (Liv., xxii., 56 ; xxxiv.,6.) 5. (Ovid, Fast.,
Fast., iv., 620.)
v., 389.) 6. (Plin., II. N., xxii., 82. Theophrast., De Cau
1. (Isid., 1. c. Serv., 1. c. Plin., 1. c.) 2. (1. c.) 3. (1. c > Plant., vi., 11. Diod.Sic., iv.,2; v., 26. Strab., XVII., ii.,5.
4. (H. P., iii., 15.) 5. (ap. Athen., ii., p. 51, a.) 6. (Plii , Tacit., Germ., 23.) 7. (ii., 77.) 8 (Suppl 954.' 9. (Colum.,
L c.) 7. (Tournefort, Voyage du Levant, vol. iii., p. 65.) 8. x., 116.) 10. (i., 20, 34.) 11. lArchil., Frag., p. 67, ed. Lie-
(Dioscor., i., 158. Hor8t.,Epist., II., i.,123. Juv., Sat., xi.,59. bel. Xen., Anab., iv., 5, 26. Athenami, i., 28. Virg., Georg.
Pers., Sat., iii., 55. Adams, Append., s.v.) 9. (Theophr., H. ii., 380, Servius, ad loc.) 12. (Keysler, Antiq. Septent., p
P., i., 9.) 10. (Theophr., II. P., iii., 14.) 11. (H.N., viii., 21.) 150-156.) 13. (Archil., 1. c. Hellanicus, p. 91, ed. Sturt/.-
12. (ad Plin., 1. c.) 13. (Cuvier,!. c.) 14. (Manners and Cus- At.henams, x., 67.) 14. (iv., W, 3.; 15. (Virg., Georg., v.i
'.un. n (if the Egyptians, vol. v p. 132 } 15. (Sat., xv., 4.) 380.)
(J r. 233
CERUCML OESTUS.
tufft (Phucas compositus). This was a stronger kind mast. The woodcut, p. 62, shows a vessel with
of Ale, the composition of which is unknown. It two ceruchi. In other ancient monuments we see
does not appear that the ancients were acquainted four, as in the annexed woodcut, taken from one of
with the use of hops (humulus lupulus) in the com- the pictures in the MS. of Virgil, which was given
by Fulvius Ursinus to the Vatican library. (Vid
:
position of tneir ales."
*CERINTHA or -E (KTipivBri), a plant, which ANTENNA, CARCHESIUM.)
Stackhouse and Sprengel agree in identifying with *CERVUS, the Stag. (Vid. ELAPHUS.)
the Honey-wort, or Cerinthe aspera. Virgil speaks *CERUSSA White Lead, or PlunM
(^ifivdiov),
of it as " Cerinthce ignobile gramen"* which Mar- sub-carbonas. The
ancient Ceruse, like the mod-
it grows common in ern, was prepared by exposing lead to the vapoura
tyn explains by saying that
Italy. It is, in fact, met everywhere in Italy of vinegar. The ancient process is minutely de-
and Sicily. Philargyrius says it derives its name scribed by Theophrastus 1 " Lead is placed in
r
from Cerinthus, a city of Boeotia, where it grew, in earthen vessels over sharp vinegar, and after it has
ancient times, in great plenty ;
the better deriva- acquired a sort of rust of some thickness, which it
tion, however, is that which deduces it from Kripiov, commonly does in ten days, they open the vessels,
"a
honey-comb," because the flower abounds with and scrape from it a kind of mould. They then
a sweet juice like honey. The bees were very fond place the lead over the vinegar again, repeating
of it. 3 It must not be confounded, however, with again and again the same method of scraping it till
the Kqpivdof or ipiQaKrj mentioned by Aristotle, it is wholly dissolved. What has been scraped off
which is nothing more than bees'-brcad, being com- they then beat to powder and boil for a long time ;
posed of the pollen of vegetables kneaded with and what at last subsides to the bottom of the ves-
honey. Botanical writers speak of two kinds of sel is the ceruse." Similar processes are described
" The substance
Cerintha, the Greater and the Less, the latter of by Dioscorides and Vitruvius.
which is the rrfk^ov of Dioscorides. " as a
Sibthorp spoken of by Pliny," remarks Dr. Moore,
found this in Greece in the cultivated grounds, and native ceruse, found at Smyrna on the farm of
particularly among the vines in the spring, accord- Theodotus, appears to have been that greenish
ing in this with the account given by Dioscorides.* earth mentioned by Vitruvius as occurring in many
CE'RNERE HEREDITA'TEM. (Vid. HERBS.) places, but the best near Smyrna and called by the
CERO'MA (Kr/pufj,a) was the oil mixed with wax Greeks deodoriov, from the name of the person,
with which wrestlers were anointed. After
(Kripoc) Theodotus, upon whose farm it was first discovered.
they had been anointed with this oil, they were From the fact that this greenish earth was regarded
covered with dust or a soft sand whence Seneca* ; as a sort of ceruse, we might infer that the ceruse of
" A ceromate nos the ancients was not always of a very pure white."'
says, haphe (u^ij) excepil in crypto,
Neapolitana." *CE'RYLUS (Krtpv^oc\ a species of Bird the ;
8
Ceroma also signified the place where wrestlers same, according to Suidas and Tzetzes. with the
were anointed (the claothesium 6 ), and also, in later male King-fisher. ^Elian and Moschus, however,
times, the place where they wrestled. This word as Adams remarks, appear to consider it a different
is often used in connexion with palastra, 7 but we do bird. Gesner and Schneider are undecided.*
not know in what respect these places differed. CERYX (Kjypvf). (Vid. CADUCEUS, FETIALIS.)
Seneca8 speaks of the ceroma as a place which the *CERYX (Krjpv!;), "A genus of Testacea, now
idle were accustomed to frequent, in order to see the " in the Mollusca
placed," remarks Adams, by nat-
gymnastic pports of boys (qui in ceromate spectator uralists. It is the Murex of the older authorities.
9
puerorum rixantium sedet). Arnobius informs us that The two principal species are the Buccinum and
the ceroma was under the protection of Mercury. Purpura, which Sprengel refers to the Buccinum
CERTA'MINA. (Vid. ATHLETTE.) harpa, L., and B. lapillus. Dr. Coray remarks, that
CERTI, INCERTI ACTIO, is a name which has the Greek writers often make no distinction be-
been given by some modern writers, perhaps with- tween the Kijpv!; and the nopfyvpa, but modern natu-
out good reason, to those actions in which a deter- ralists distinguish between the Murex and the Pur-
5
minate or indeterminate sum, as the case may be, pura." (Vid. MUREX. )
5706. (Vitruv., v., 11.) 7. (Plin., H. N., xxxv., 2.) 8. (De iv., 2; v., 10. Adams, Append., s. v.) 6. (Dioscor., iv., I.-
XJrev. Vit , 12.) 9. (Adv. Gent., iii., 23.) 10. (Gaius, iv., 49, Adams, Append., s. v.) 7. (Vid. Clarac, MusCo d. Sculpt. Ant
*c.> et Mod., vol. iii., pi. 327, n. 2042.) 8. (ixiii., 684.)
22
CESTUS. CETR\.
II. CESTUS also signified a band or tie of an*
kind 1 but the term was more j
particularly applied
to the zone or girdle of Venus, on which was
repre-
sented everything that could awaken love." When
Juno wished to win the affections of Jupiter, sho
borrowed this cestus from Venus 3 and Venus her- ;
the cestus, in heroic times, Seals, Dolphins, and some others are viviparous,
appears to have con-
sisted merely of thongs of leather, and differed ma- and respire air like the Mammalia. With regard
to the Tjjifjiuv TUV KTJTUV, which is described in a
terially from the frightful weapons, loaded with lead
and iron, which were used in later times. The dif- very graphic style by Oppian, the most probable
ferent kinds of cestus were called opinion is that it was the Gasterosleus ductor, L ,
by the Greeks in or Pilot-fish." 7
later times fieiMxcu,
tirelpai, (ioeiai, oQaipai, and
fivpftqKEf of which the [leiXixai gave the softest
:
or CETRA 9
C^ETRA (Kairpsa ), a target, i. e.,
round shield, made of the hide of a quadru-
blows, and the fivpfujKEf the most severe. The a small9
ped. It formed part of the defensive armour of
petAixai, which were the most ancient, are described
theOsci. 10 (Vid. ACLIS.) It was also worn by the
by Pausanias 1 as made of raw ox-hide cut into thin
of Spain and Mauritania. 11 By the latter
pieces, and joined in an ancient manner they were seople
aeople it was sometimes made from the skin of the
;
in the games themselves with the target of the Scottish Highlanders, of which
they used those which
gave the severest blows. many specimens of considerable antiquity are still
in existence. seen "
covering the left arms"
It 14
The cestus used in later times in the public is
of the two accompanying figures, which are
games was, as has been already remarked, a most copied
formidable weapon. from a MS. of Prudentius, probably written in this
It was frequently covered with
country, and as early as the ninth century.
1*
knots and nails, and loaded with lead and iron ;
.
v.) 8. (Hesych.) 9. (Isid., Orig., xviii., 12. Q. Curtius, iii,
4. Varro, ap. Nonium.) 10. (Virg., JEn., vii.,732.) 11. (Isid.,
1 (vin., 40, $ 3.) 2. 3.
(Pan?., vi., 23, $ 3.) (&n., v., 405.) c. Servius in Virg., 1. c. Cses., Bell. Civ., i., 39.) 12
4. (Theb., vi., 732.) 5. (Anth., xi., 78, vol.
ii., p. 344, ed. Strab., xvii., 3, 7.) 13. (Agnc., 36.) 14. (Virgil, 1 c.) 15
. \c.)--6. (De Column. Traj., p. 261.) Cod. Cotton. Cleop., c. 8.) 16. (xxxi., 36.)
235
CHALCIDICUM. CHALCIS.
6
called 'AOrivaia or riuvefy/zof. At a later period, ephors, although not entering the temple, but re-
however, was
celebrated only by artisans, espe-
it maining within its sacred precincts, were obliged to
cially smiths,and in honour of Hephaestus, whence take part in the sacrifice."
its name was changed into Xod/cefa.
7
It was held *CHALCIS (xahKcti, I. a species of Bird, de-
on the 30th day of the month of Pyanepsion. 8 Me- scribed as inhabiting mountains, rarely seen, and
nander had written a comedy called XaA/ceur, a of a copper colour (from which comes the name, or
18
9
else from its shrill cry ). It was probably one of
fragment of which is preserved in Athenaeus.
CHALCFDICUM. A variety of meanings have the Falcon tribe, and is considered by some identi-
been attached to this word, which is not of unfre- cal with the 7rrt>}', but it cannot be satisfactorily
quent occurrence in inscriptions, and in the Greek determined what kind of bird it really was. An-
and Latin writers. 10 other name for this bird is Kvpivdif, in Homer and
The meager epitome of Festus informs us merely Ionic authors. Both names occur in the 14th book
that it was a sort of edifice
(genus adi/lcii), so call- of the Iliad, 13 where it is noted that ^a/l/a'f is the
ed from the city of Chalcis, but what sort is not older name. The cry of the bird is represented by
explained neither do the inscriptions or passages
;
3. An apartment thrown out at the back of a basili- its bite may be dangerous." Dr. Brookes says,
ca, either on the ground-floor or at the extremity 1
1. (Galiano and Stratico, ibid.) 2. (Marquez, Delle Case de
Romani. Rhode adVitruv., 1. c.) 3. (Do JEdific. Justin i.,
1.(H. N., xii., 25.) 2. (Adams, Append., s. v.) 3. (H. N., 10.) 4. (Bechi, del Chalcidico e della Crypta di Eumachia.
xxxiv., 32.) 4. (v., 114.) 5. (Adams, Append., s.v.) 6. (Sui- Marini ad Vitruv., v., 2.) 5. (Arnobius, p. 149.) 6. (Od., xxiii.,
:
das, s. v. Etymol. Magn. Eustath. ad H., ii., p. 284, 36.) 7. 1.) 7. (Perioch., xiii., Odyss.) 8. (Turneb, Advers., xv ii.,
(Pollux, vii., 105.) 8. (Suidas. Harpocrat. Eustath., 1. c.) 34. Salmas. in Spart., Pescen. Nigr., c. 12, p. 677.) 9. (Isid.,
10. (Inscrip. ap. Grut., p. 232.
. (xi., p. 502.) Ap. Mtratori, Orig. Reinesius, Var. Lect., iii., 5.) 10. (Paus., iii., 17, I) 3,
p. 469, 480. Dion Cass., li., 22. Hygin., Fab., 184. Auson., seqq. x., 5,$ 5.
;
GOller ad Thucyd., i., 128.) 11. (Polyb., iv.,
Perioch. Odyss., xxiii. Arnob., Advers. Gent., lii., p. 105, 149. 35, $ 2.) 12. (Proclus ad Cratyl., xxxviii.) 13. (v., 291.) 14
Vitruv., v., 1, ed. Bipont. Festus, s.v.) 11. (Vitruv., 1. c.) (Comic, ap. Plat., Cratyl., p. 270, ed. Francof. Donnepan,Lex.,
IS (Barbav. and Philan/ , ad Vitruv., 1. c. Donat., De Urb, ed. 1842, s. v.) 15. (Aristot., II A., viii , 23 ) 16 (Schcl. ifc
Rum., iv., 2.) Nicandr., Theriac., v , 817.)
236
GHALCOS. CHA.LYBS.
" which is done by pouring cold water upon
The Seps, or the Chalcidian Lizard of Aldrovan- seed,
dus, is rather a serpent than a lizard, though it has melting copper, which thereupon flies everywhere
four small legs, and paws divided into feet."
1
into grains." From this description of it, remarks
III. A
species of Fish," incorrectly made by
some Adams, it will appear that the following account ot
to be the Clupca Harengus, L., or Herring. It is, the Flos (Kris, given by Kidd, is inaccurate, and we
in fact, the Clupea finta, Cuv., belonging, however, give it merely to caution the reader not to be misled
to the great Herring tribe. The ancients speak of even by such a high authority " In the :
spontane-
their Chalets as resembling the Tkryssce and Sar- ous formation of sulphate of iron, the pyrites first
dines. According to them, it moved in large num- loses its splendour, then swells and separates into
bers, and inhabited not only the sea, but also fresh numerous fissures. After this, its surface is partial-
water. "Wo find nothing," observes Griffith, "in ly covered with a white efflorescing powder, which
he writings of the Greeks and Romans, which ap- is the Flos aris of Pliny." 1
pears to indicate that these nations were acquaint- *CHALCOPHO'NOS (xaticoQuvoc), a dark kind
ed with the Herring. The fishes of the Mediterra- of stone, sounding, when struck, like brass. Tra-
nean must, have been nearly the only spe- gcedians were recommended to carry one. It was
in fact,
8
cies of the class which they could observe or procure probably a species of clink-stone.
with facility, and the Herrings are not among the *CHALCOSMARAG'DUS (xafaoopdpaydoc), ac-
number of these. This fish, therefore, is neither cording to Pliny, a species of Emerald, with veins
the halec or halex, nor the manis, nor the bucomcenis, of a coppery hue. It is supposed to have been Di-
3
nor the gtnis of Pliny. The [iaivi^ of Aristotle, optase (Achirite) in its gang of copper pyrites.
named alec by Gaza, and the mana of Pliny, belong *CHALYBS (xdhvij}), Steel, so called, because
to the menides of the animal kingdom."* obtained of an excellent quality from the country of
*CHALCITIS CtaA/cmf), called also Son and the Chalybes. " The Indian Steel, mentioned by
Misy (aupi, fiiav*), a fossil substance impregnated the author of the Periplus, was probably," observes
"
with a salt of copper, and used by the ancients as a Dr. Moore, of the kind still brought from India
styptic application. Dioscorides says, "the best under the name ofwootz; andthe/urrum candidum,
Chalcitis resembles copper, is brittle, free from of which Quintus Curtius says the Indians present-
stones, not old, and having oblong and shining ed to Alexander a hundred talents, may have been
" "
veins." Sprengel thinks," observes Adams, that the same for wootz, when polished, has a silvery ;
there is a difference between the Chalcitis of Pliny lustre. The Parthian Steel ranks next with Pliny,
and that of Dioscorides. The latter he looks upon and these two kinds only 'mera acie temperantur.'
to be a sulphate of iron the other an arseniate of Daimachus, a writer contemporary with Alexander
;
copper. In his History of Medicine, he calls the the Great, speaks of four different kinds of steel,
x d^Kav6oc, Blue Vitriol the ^aAxmf, Red Vitriol
; and the purposes to which they were severally suited.
;
and the JJ.LCV, Yellow Vitriol.* The following ac- These kinds were the Chalybdic, the Sinopic, the
count of these substances is from a person who Lydian, and the Lacedaemonian. The Chalybdic was
appears to have been well acquainted with them. best for carpenters' tools; the Lacedaemonian for
Chalcitis, Misy, and Sori are fossil substances, files, and drills, and gravers, and stone-chisels ; the
'
veiy much resembling each other both in original Lydian, also, was suited for files, and for knives,
and virtues. Galen says he found these things in and razors, and rasps."* According to Tychsen,'
the mines, lying in long strata upon each other, the nothing occurs in the Hebrew text of the Scriptures
lowest stratum being Sori, the middle the Chalcitis, relative to the hardening of iron, and the quenching
and the uppermost the Misy. These fossil sub- of it in water. Iron (bo,rzel) often occurs, and in
stances are now rarely found in apothecaries' shops, some passages, indeed, Steel may, he thinks, be
being to be had nowhere else but in Cyprus, Asia understood under this name. For example, in Eze-
'" 6
Minor, or Egypt.' According to Dr. Hill, the kiel, ferrum fabrefactum, or, according to Michaelis
Chalcitis is properly a mixed ore of cupreous and and others, sabre-blades from Usal (Sanaa in Ye-
ferruginous vitriols, still very frequent in Turkey, men). A pretty clear indication of steel is given
where it is used as an astringent and styptic. The in Jeremiah, 7 " Iron from the North," which is there
Misy, he says, differs from it in containing
no cu- described as the hardest. It appears that the He-
preous vitriol, but only that of iron. The Sori, brews had no particular name for Steel, which they
called Rusma by the moderns, he says, is an ore of perhaps comprehended, as the same writer conjec-
7
vitriol of copper, and contains no iron. tures, under the term barzel, or distinguished it only
*CHALCOS (xa^Kofi, the same with the JBs of by the epithet "Northern." Among the Greeks,
the Romans, and, therefore, a sort of Bronze. (Vid. Steel was used as early as the time of Homer, and,
JEs.) The term, however, is often applied to na- besides Chalybs, it was very commonly called sto-
tive copper.
8
Dr. Watson has made it appear that moma (crro/zw/za), which, however, did not so much
the Orichalcum (bpeixa^Kov) was brass, or a mix- denote Steel itself as the steeled part of the instru-
ture of copper and zinc, made by the union of as ment. Adamas, also, was frequently used to indi-
and Cadmia.* The ^-aA/cdf KEKavfievoq of Dioscori- cate Steel. (Vid. ADAMAS.) "The Romans," ob-
9 "
des, according to Geoffroy, is copper calcined in a serves Beckmann, borrowed from the Greeks
reverberatory furnace. The ^a^,/cdf anupta, Squama the word chalybs ; and, in consequence of a passage
itris, or flakes of copper, he adds, is little else than in Pliny, many believe that they gave also to Steei,
the <zs ustum, being only the particles of burned cop- the name of acies, from which the Italians made
per which fly off" when it is hammered. The uvdog 10
their acciajo, and the French their acier. The word
Ya/Uot>, or Flos (Kris, was fine granulated copper. acies, however, denoted properly the steeled or cut-
The following is Geoffrey's description of it, which, ting part only of an instrument. From this, in
says Adams, is, in fact, little more than a translation
" It is no-
later times, was formed aciarium, for the Steel
of Dioscorides' account of the process. which gave the instrument its sharpness, and also
thing but copper reduced to small grains like
millet- aciare, 'to steel.' The preparation by fusion, as
practised by the Chalybes, has been twice described
1. (Adams, Append., s. v.) 2. (Aristot., iv., 9. .ffilian, N.
3. (Griffith's Cuvicr, vol. x., p. 478.) 4. (Dioscor.,
A., x., 11.}
Hist. Adams, Append., s. v.) 2.
v., 115. Plin., H. N., xxxiv., 29.) 5. (Sprengel, Med., v., 1. (Kidd's Mineralogy. (Plin.,
(Diod. Sic., 33.) 9. (Chemical Essays. Bostock's Transla- H. N., xxxvii., 5. Fee, ad loc.) 4. (Anc. Mineral., p. 43.) 5.
i.,
6. (xxru.,
tion of the 33d Book of Pliny.) 10. (Hill's Hist, of the Materia (Beckmann, Hist, of Inv., vol. iv., p. 236. in notis.)
19.) 7. (XT., 12.) 8. (Hist, of Inv., vol. iv., p. 240.)
Medica.)
837
CHAMELEON. OHARISTIA.
od of preparing steel employed by the Celtiberians violet, and yellow produces, more or less, a number
in Spain, deserves to be here described. According of different shades. Accordingly, in its natural
3
8
80 the account of Diodorus and Plutarch, the iron state, when it is free and experiences no disquie-
was buried in the earth, and left in that situation tude, its colour is a fine green, with the exception
till the greater part of it was converted into rust. of some parts, which present a shade of reddish
What remained without being oxydated was after- brown or grayish white. When in anger its colour
ward forged and made into weapons, and particu- passes to a deep blue green, to a yellow green, and
which they could cut asunder to a gray more or less blackish.
larly swords, with If it is unwell, its
bones, shields, and helmets. The art of hardening colour becomes yellowish gray, or that sort of yel-
steel by immersing it suddenly, when red hot, into low which we see in dead leaTes. Such is the col-
cold water, is very old Homer says, that when ;
our of almost all the chamaeleons which are brought
Ulysses bored out the eye of Polyphemus with a into cold countries, and all of which speedily die.
burning stake, it hissed in the same manner as In general, the colours of the Chamaeleons are much
water, when the smith immerses in it a piece of the more lively and variable as the weather is warm-
red-hot iron in order to harden it.* Sophocles uses er, and as the sun shines with greater brilliancy.
the comparison of being hardened like immersed All these colours grow weaker during the night." 1
iron and Salmasius 6 quotes a work of some old
; *CHA3VLEME'LON (xa/nai^ov), the herb Cham-
Greek chemist, who treats of the method of hard- omile. The Greek name means " ground apple,"
ening iron in India. It is also a very ancient opin- from the peculiar apple -perfume of the flowers.
ion, that the hardening depends chiefly on the na- The term comprehends the Anthemis nofclis, and
ture of the water. Many rivers and wells were probably some other species of Chamomu.-* In
therefore in great repute, so that steel-works were modern Cyprus this plant is called TtaKovvi. It is
often erected near them, though at a considerable frequently met with in the islands, and flowers ear-
distance from the mines. The more delicate arti- ly in the spring, according to Sibthorp.*
cles of iron were not quenched in water, but in *CHAM^E'PITYS (xapatmrvfi, the hero Ground -
7
oil." pine. (Vid. ABIGA.)
CHALKOUS. *CHAMEL^EA " Dodonaeus states
(Vid.JE8.) (^a/ze/lam).
^CHAIVLEAC'TE (xafiaiaKTn), the Dwarf-elder. correctly," observes Adams, "that Serapio and Av-
(Vid. ACTE.) icenna confounded both the Chamelaa and Chama-
*CHAM^E'DRYS (xapaidpvfi, the Wall German- leon together, under the name of Mazcrion ; and it
der, or Teucrium Chamadrys. Apuleius makes the must be admitted, that the learned commentators
6
Chamaedrys a synonyme of the Teucrium. on the Arabian medical authors have not been able
*CHAM^ECER'ASUS (xa/MUKepaoof), supposed entirely to remove this perplexity. According te
by Sprengel to be the Lily of the Valley, or Conval- Sibthorp, the Daphne olcoides is the species which
laria majalis. 9 has the best claim to be identified with the ancient
*CHAMLE'LEON (xafiadtuv), I. a species of Chamelaea. Matthiolus, and the writer of the arti
plant, so called from the changeable colour of its cle on Botany in the Encyclopedic Methodique, refe)
leaves. Gesner and Humelbergius, according to it to the Cneorum tricoccon."*
Adams, can omy refer it in general terms to the *CHARAD'RIUS (xapddpioc), the name of a sea
5 6
Thistle tribe. Stephens, Schulze, and Stackhouse bird described by Aristotle and .-Elian. It is sup-
hold that the ^a/zatAewv Aet-Kof is the Carlina acau- posed to have been the Dalwilly, or Ring Plover,
lis, and Adams thinks that the description of the the Charadrius hiaticula, L. Mention is also made
\anai"Xuv by Dioscorides agrees very well with the of it by Plato, Aristophanes, and Plutarch. The
Carline thistle. Yet Sprengel, although formerly scholiast on Plato says that the sight of it was be-
an advocate of this opinion, and Dierbach, both in- lieved to cure the jaundice. 7
cline to think it the Acarna gummifera, Willd. *CHELIDON'IUM foeAiJoi'tov), a plant of which
Sprengel and Stackhouse agree in referring the x&- two kinds are mentioned, the Chelidonium majus, or
10
uai'Xeuv /zf/laf to the Cartkamus corymbosus. Greater Celandine, and the C. minus, or Ranuijfu-
II. The Chamaeleon, or Chamceleo
JEgyptius, L. lusficaria, the Figwort, popularly called the Lesser
The ancient naturalists describe this species of liz- Celandine, under which name, says Adams, it has
ard accurately, and mention, in particular, its re- been celebrated by the muse of Wordsworth. 8
markable property of changing colour. 11 These col- *CHELFDON ( X e?nduv), I. the Swallow. (Vid.
ours, in fact, change with equal frequency and ra- HIRUNDO.) II. The Flying-fish, or Trigla volitans,
das and Philo, that the animal can assimilate its *CHELO'NE (x&uvy), the Tortoise. ( Vid. TES-
hue to that of any object it approaches. Neither is TUDO.)
18
it true, as asserted
by Ovid and Theophrastus, that CHARIS'TIA. The charistia (from X ap^ofuu s
it lives upon air and dew, for it eats flies. In the to grant a favour or pardon) was a solemn feast, to
Latin translation of Avicenna it is called Alharle. which none but relatives and members of the same
" It was
believed, in the time of Pliny, that no ani- family were invited, in order that any quarrel or
mal was so timid as the Chamaeleon and, in fact, disagreement which had arisen among them might
;
not having any means of defence supplied by nature, be made up, and a reconciliation effected. 1 ' The
and being unable to secure its safety by flight, it day of celebration was the viii. Cal. Mart., or the
must frequently experience internal fears and agi- 19th of February, and is thus spoken of by Ovid :
" Proximo, city of which (as is the case with most of the smaller
cognati dlxfre ckaristia can', 1
Et venit ad sodas inrba -propinqua dapes." measures) is differently stated by different authori-
CHEIRONO'MIA (xetpovofiia), a mimetic move- ties. There was a small cheme, which contained
ment of the hands, which formed a part of the art two cochlearia or two drachmae, and was the sev-
of dancing among the Greeks and Romans. The enty-second part of the cotyle, =-0068 of a pint
word is also used in a wider sense, both for the art English.
1
The large cheme was to the snail in
of dancing in general, arid for any signs made with
the proportion of 3 to 2. Other sizes of the chemo
the hands in order to convey ideas. In gymnastics are mentioned, but they differ so much that we
cannot tell with certainty what they really were. 8
it was applied to a certain kind of pugilistic combat.*
tree* in his hand, which he dipped into the water, as it is observed that men draw from the neck and
and sprinkled as a purification over all who entered. shoulders, and push with their hands, which lattei
1
Instead of those branches, the Romans used an in- method is clearly the one intended by Aurelian,
strument called aspcrgillum for the purpose, the vehiculo manilus ado."
form of which is frequently met with upon medals CHIRIDO'TA (^eiptJwrdf, from x si P'L d manica\
and bas-reliefs. a tunic with sleeves. The tunic of the Egyptians,
Another Greek rite was performed by the priest Greeks, and Romans was originally without sleeves
taking a burning torch from the altar,
which he dip- (vid. EXOMIS), or they only came a little way
ped into the lustral water (xepvtip),
and then sprin- down the arm. On the other hand, the Asiatic and
kled it over the by-standers. Water was also sprin-
a
Celtic nations wore long sleeves sewed to their tu-
kled over the head of the victim as an initiation to nics, together with trousers as the clothing of their
3
the sacrifice ; hence the expression x^^agv^eiv, lower extremities, so that these parts of attire are
" to often mentioned together. 3
perform a sacrifice," and xalrnv u^l crjv %ep- (Woodcuts, pages 15,
171.) The Greeks also allowed tunics with sleeves
The vessel which the Romans used was of the to females (woodcut, p. 188), although it was con-
kind called labrum* resembling those still employed sidered by the Latins indecorous when they were
for a somewhat similar purpose in the Roman worn by men.* Cicero mentions it as a great re-
churches, one of which is shown in the Laconicum proach to Catiline and his associates that they wore
at Pompeii. (Vid. BATHS, p. 150.) long shirts with sleeves (manicatis et talaribus tuni-
But the word, as its etymology indicates, is of a cis*). Caligula, nevertheless, wore sleeves, togeth-
more domestic origin and, in reference to the cus- er with other feminine ornaments (manulealus*).
;
tom, common to both nations, of washing their Sleeves were worn on the stage by tragic actors
7
hands before meals, is used with the same double (Xtpi^f ) and they were used by shepherds and
;
9
like ivory, and in a coffin of which the body of Da- ing the tibia pares. (Vid. MANICA, TUNICA.)
rius lay. The French commentators on Pliny make
itand the porus, mentioned by the same writers as
resembling in colour and hardness Parian marble,
to have been varieties of calcareous tufa (" carbon-
ate de chaux sedimentaire, ou craie grossiere et
compacte, chloriteuse, renfermant des silex blonds
et des gryphites"). 9
CHEROSTAJ. (Vid. HERES.)
* CHERS'YDRUS
(x^pavdpof), a species of Snake,
Ijvi.ig,as the name imports, both on land and in the
wat^r (xepaos, " land," iidup, " water"). A good
description of its form and nature is given by Vir-
10
gil. According to the poet, it was marked with
large spots on the belly. Under the head of Chcrs-
ydrus, at the present day, Cuvier ranks the Oular-
limpe (Acrochordus Fasciatus, Sh.), a very venomous
serpent which inhabits the bottoms of the rivers of
Java.
*OHIA TERRA (Xi'a yfj), a species of Earth ob-
tained from the island of Chios. The ancients
used it internally as an astringent but its chief use
;
which the person was carried by his slaves or ser- a proof of the obligation.
10
vants, since it went upon wheels, though moved by According to Asconius, chirographum, ir the
men instead of animals. Doubts are entertained sense of a note of hand, was distinguished from
whether this small vehicle was drawn or propelled, syngrapha ; the former was always given for mon-
ey actually lent, the latter might be a mere sham
1. (Virg., JEn., vi., 230.) 2. (Athen., ix., 76. Eurip., Here. agreement (something like a bill of accommodation.
Fur., 931.) 3. (Soph., (Ed. T., 240.) 4. (Eurip., Iph. Taur.,
822.) 5. (Liv., xxxvii., 3.) 6. (Horn., Od., i., 136. II., xxiv., 1. (Virg., JEn., ii., 236.) 2. (11. cc.) 3. (Herod., vii., 61.
304 JEsch., Agam., 1004. ChoCph., 653. Athenaeus, ix., 80 ; Strabo, xv., 3, 19. raAardcwf &va%vplct Kal \eiplciv nvtaicevaa
Md compare Virg., JEn., i., 701.) 7. (H. N., xxxvi., 28.) 8. Htvos: Plutarch, Otho, 6.) 4. (Aul. Cell., vii., 12. Virg., .Shi,,
(De Lapid., c. 15.) 9. (ad Plin., 1. c.) 10. (Georg., iii., 425.) ix., 616.) 5. (Oral, in Cat., ii., 10.) 6. (Sueton., Calig., 52.)
11 (Hill's Hist, of Fossils, &c., p. 40.) 12. (Petron., c. 28. 7. (Lucian, Jov. Trag.) 8. (Colum., i., 8; xi., 1.) 9. (Har
Compare Aurelian. Med., i., 5; ii., 1.) canville, Ant Etrusq., t. ii., p. 113.) 10. (in Verr., iii., 30 >
240
CHIKURGIA. CHIRURGIA.
though with a different object) to pay a debt which of Hippocrates, who was born, according to Clm
had never been actually incurred. The chirogra- B.C. 460, and died 01. 105, 4, B.O
1
ton, Ol. 80, 1,
357. Among his reputed works there are ten treat
phum was kept by the creditor, and had only the
debtor's signature the syngrapha, on the contrary,
;
ises on this subject, viz. 1. Kar'
'Inrpelov, De Of
:
was signed and kept by both parties. ficina Medici ; 2. Hspi 'Ayutiv, De Fracturis ; 3.
Hepl'Apdpuv, De Arliculis
1
In the Latin of the middle ages, chirographum ; 4. Mo/U6f, Vectiarius;
was used to signify tribute collected under the sign- 5. Tiepl 'E7(.Kui>, De Ulceribus ;
6. Ilfpl 1,vpiyyuv, Dt
manual of a person in authority, similar to the briefs Fistulis; 7.
Hcpl kiuoppotti^v, Hamorrho'idibus iDe
and benevolences of former times in our own coun- 8. Hepi TUV ev Ke<j>a2,y Tpu/Auruv, De Capitis Vul*
try.
8
It was also used, till very lately, in the Eng- neribus ; 9. TLepl 'Ey/cararo/^f 'EuGpvov, De Resec-
lish law for an indenture. Duplicates of deeds were tione Fcctus ; and, 10. Hepl 'Avaro/ifa, De Corporum
written on one piece of parchment, with the word Rcsectione. Of these it should be remarked, that
chirographum between them, which was cut in two only the eighth is considered undoubtedly genuine ;
in a straight or wavy line, and the parts given to though the first, second, third, and fourth, if not
the care of the persons concerned. By the Canon- written by Hippocrates himself, appear to belong to
1
ists, Blackstone remarks, the word syngrapha, or a very early age. Hippocrates far surpassed all
was employed in the same way, and his predecessors (and, indeed, most of his success-
tyngraphus
hence gave its name to these kinds of writing. ors) in the boldness and success of his operations ;
CHIRU'RGIA (xEipovpyia':. The practice of sur- and, though the scanty knowledge of anatomy pos-
ancients sessed in those times prevented his attaining any
gery was for a long time conspired by the
to be merely a part of a physician's duty but, as it very great perfection, still we should rather admire
;
is now almost universally allowed to be a separate his genius, which enabled him to do so much, than
branch of the profession, it will perhaps be more blame him because, with his deficient information,
convenient to treat of it under a separate head. It he was able to do no more. The scientific skill in
will not be necessary to touch upon the disputed reducing fractures and luxations displayed in his
questions, which is the more ancient, or which is works, De Fracturis, De Articulis, excites the ad-
the more honourable branch of the profession nor miration of Haller, 3 and he was most probably the
;
even to try to give such a definition of the word inventor of the ambe, an old chirurgical machine for
chirurgia as would be likely to satisfy both the phy- dislocations of the shoulder, which, though now
sicians and surgeons of the present day it will be fallen into disuse, for a long time enjoyed a great
;
sufficient to determine the sense in which the word reputation. In his work De Capitis Vulneribus he
was used by the ancients ; and then, adhering close- gives minute directions about the time and mode
ly to that meaning, to give an account of this divis- of using the trephine, and warns the. operator
ion of the science and art of medicine, as practised against the probability of his being deceived by the
among the Greeks and Romans, referring to the ar- sutures of the cranium, as he confesses happened
" More scili-
ticle MEDICINA for farther particulars. to himself* On this Celsus remarks .
The word chirurgia is derived from je/p, the cet magnorum virorum, et Jiduciam magnarum rerum
hand, and Ipyov, a work, and is explained by Cel- habentium. Nam Icvia ingenia, quia nihil habent,
8Us s to mean that part of medicine qua manu curat, nihil sibi detrahunt : magno ingenio, multaque nihilo-
" which cures diseases
by means of the hand ;" in minus habituro, convenit etiam simplex veri, erroris
Diogenes Laertius* it is said to cure *6ia rov TE/J.VELV confessio ; pracipueque in eo ministerio, quod utilita-
"
cat Kdieiv, by cutting and burning ;" nor (as far tis causa posteris traditur ; ne qui decipianlur eadem
as the writer is aware) is it ever used by ancient ratione, qua quis ante deceptus est."* The author of
authors in any other sense. Omitting the fabulous the Oath, commonly attributed to Hippocrates, binds
and mythological personages, Apollo, yEsculapius, his pupils not to perform the operation of lithotomy,
Chiron, &c., the only certain traditions respecting but to k-ave it to persons accustomed to it (epyurna,
the state of surgery before the establishment of the uvdpdfft
Trpfifroq rrjads)
from which it would appeal ;
republics of Greece, and even until the time of the as if ceitain persons confined themselves to partic-
Peloponnesian war, are to be found in the Iliad and ular operations. Avenzoar also, in his work enti-
"
Odyssey. There it appears that surgery was al- tled Teiser, Rcctijicatio Regiminis," refused to per-
most entirely confined to the treatment of wounds form this operation but in his case it was from
; ;
and the imaginary power of enchantment was join- religious motives, and because, being a Jew, he
ed with the use of topical applications.* The thought it unlawful to look upon another's naked-
Greeks received surgery, together with the other ness.
branches of medicine, from the Egyptians and, The names of several persons are preserved who
;
from some observations made by the men of sci- practised surgery as well as medicine in the times
ence who accompanied the French expedition to immediately succeeding those of Hippocrates but, ;
Egypt in 1798, it appears that there are documents with the exception of some fragments inserted in
fully proving that in very remote times this extra- the writings of Galen, Oribasius, Aetius, &c., all
ordinary people had made a degree of progress of their writings have perished. Archagathus de-
which few of the moderns have any conception : serves to be mentioned, as he is said to have been
upon the ceilings and walls of the temples at Ten- the first foreign surgeon that settled at Rome,
tyra, Karnac, Luxor, &c., basso-relievos are seen, A.U.C. 535, B.C. 219. He was at first very weJL
representing limbs that have been cut off with in- received, the jus Quiritium was conferred upon him.
struments very analogous to those which are em- a shop was bought for him at the public expense,
ployed at the present day for amputations. The and he received the honourable title of Vulnerarius
same instruments are again observed in the hiero- This, however, on account of his frequent use o
glyphics, and vestiges of other surgical operations the knife and cautery, was soon changed by the
may be traced, which afford convincing proofs of the Romans (who were unused to such a mode of prac-
skill of the ancient Egyptians in this branch of med- tice) into that of Carnifex. Asclepiades, who lived
ical science.* about the middle of the seventh century A.U.C., ia
The earliest remaining surgical writings are those said to have been the first person who proposed the
1. (Vid. Du Fresne, s. v.) 2. (Vid. Blackstone, b. ii.,c. 20.) 1. (Fasti Hellen.) 2. (Vid. Fabric., Bibl. Gr.) 3. (Biblioth
3 (De Med., lib. vii., Prafat.) 4. (De Vit. Philos., iii., 1, i) Chirurg.) 4. (De Morb. Vulgar., lib. v., p. 561, ed. Ktthn.) 9
85.) 5. 218 ; xi., 515, 828, 843,
(II., iii., &c ) 6. (I.arrey, quo- (De Med., viii., 4, p. 467, ed. Argent.)- 6. (Cassius Hemina, if
te! in Cooper's Surg. Diet.) Plin., H. N., wix.,0.)
CHIRURGIA. CHIRl RGIA.
named Ai6or6/j.of, who is supposed to have lived as Richerand has observed, 1 Celsus did not meat
rather later, is celebrated in the annals of surgery by it that a surgeon ought to be quite insensible to
for having been the first to propose and to perform pity ; but that, during the performance of an opera-
the operation of Lithotrity, or breaking a calculus tion, this passion ought not to influence him, as all
in the bladder, when found to be loo large for safe emotion would then be weakness.
extraction. Celsus has minutely described his Perhaps the only surgical remark worth quoting
mode of operating, 8 which very much resembles from Aretaeus, who lived in the first centuiy A.D.,
that lately introduced by Civiale and Heurteloup, is, that he condemns the operation of bronchotomy,
and which proves that, however much credit they and thinks " that the wound would endanger an in-
may deserve for bringing it again out of oblivion flammation, cough, and strangling and that, if the ;
into public notice, the praise of having originally danger of being choked could be avoided by this
"A
thought of it belongs to the ancients. hook," method, yet the parts would not heal, as being car-
" is to be so insinuated behind the 2
says Celsus, tilaginous."
stone as to resist and prevent its recoiling into the Omitting Scribonius Largus, Moschion, and So-
bladder, even when struck then an iron instru- ranus, the next author of importance is Caslius Au-
;
ment is used, of moderate thickness, flattened to- relianus, who is supposed to have lived about the
wards the end, thin, but blunt which, being placed beginning of the second century A.D., and in whose
;
against the stone, and struck on the farther end, works there is a good deal relating to surgery,
cleaves it ; great care being taken, at the same though nothing that can be called original. He re-
3
time, that neither the bladder itself be injured by jected as absurd the operation of bronchotomy.
the instruments, por the fragments of the stone fall He mentions a case of ascites that was cured by
back into it." Avenzoar also 8 mentions this mode paracentesis,* and also a person who recovered af-
of getting rid of a calculus, though he does not de- ter being shot through the lungs by an arrow. 5
scribe the operation so minutely as Celsus. The Galen, the most voluminous, and, at the same
next surgical writtr after Hippocrates, whose works time, the most valuable medical writer of antiquity,
are still extant, is Celsus, who lived at the begin- is less celebrated as a surgeon than as an anato-
ning of the first century A.D., and who has given mist and physician. He appears to have practised
up the last four books of his work, De Medicina, surgery at Pergamus but, upon his removal to ;
and especially the seventh and eighth, entirely to Rome (A.D. 165), he confined himself entirely to
6
surgical matters. It appears plainly from reading medicine, following, as he says himself, the cus-
Celsus, that, since the time of Hippocrates, surgery tom of the place. This would seem also to have
had made very great progress, and had, indeed, been the custom among the Arabians, as Avenzoar
reached a high degree of perfection. He is the first says 7 that a physician ought to be able to perform
author who gives directions for the operation of operations, but should not do so except in cases of
4
lithotomy, and the method described by him (called necessity. Galen's writings prove, however, that
the apparatus minor, or Celsus's method) continued to he did not entirely abandon surgery. His Commen-
je practised till the commencement of the sixteenth taries on the Treatise of Hippocrates, De Officin*
century. It was performed at Paris, Bordeaux, and Medici, and his treatise Hepl ruv 'Eiridea/uuv, De
other places in France, upon patients of all ages, Fasciis, show that he was well versed even in the
even as late as a hundred and fifty years ago and ;
minor details of the art. He appears also to have
a modern author 5 recommends it always to be pre- been a skilful operator, though no great surgical in-
ferred on boys under fourteen. 6 He describes 7 the ventions are attributed to him. His other surgical
operation of Infibulatio, which was so commonly writings consist of Commentaries on Hippocrates,
performed by the ancients upon singers, &c., and is De Fracturis and De Articulis ; besides a good
often alluded to in classical authors. 8 He also de- deal of the matter of his larger works, De Methodo
scribes* the operation alluded to by St. Paul, 10 irepi- Medendi and De Compositione Medicamentorum.
TTfj.7]/ivo(; rlf sK^dtj :
fit)
iri(Tiruadu. Compare Antyllus, who lived some time between Galen and
Paulus JEgineta, who transcribes from Antyllus a
11
is the earliest writer whose directions Oribasius,
second method of performing the operation. See performing bronchotomy are still extant, though for
also Parkhurst's Lexicon, and the references there the operation (as was stated above) was proposed
?iven. by Asclepiades about three hundred years before
The following description, given by Celsus, of Only a few fragments of the writings of Antyllus
the necessary qualifications of a surgeon, deserves remain, and among them the following passage is
" A 18 " 8 "
to be quoted
surgeon," says he,
:
ought to preserved by Paulus ^Egineta Our best sur- :
be young, or, at any rate, not very old his hand geons have described this operation, Antyllus par-
;
should be firm and steady, and never shake he ticularly, thus think this practice useless, ;
:
'
We
should be able to use his left hand with as much and not to be attempted where all the arteries and
dexterity as his right his eyesight should be acute the lungs are affected (by the word apr^piai here,
;
and clear his mind intrepid, and so far subject to he means the bronchia, or ramifications of the tra-
;
pity as to make him desirous of the recovery of his chea. Vid. ARTERIA) but when the inflammation ;
patient, but not so far as to suffer himself to be lies chiefly about the throat, the chin, and the ton-
moved by his cries he should neither hurry the sils which cover the top of the windpipe, and the
;
operation more than the case requires, nor cut less artery is unaffected, this experiment is very ration-
than is necessary, but do everything just as if the al, to prevent the danger of suffocation. When we
other's screams made no impression upon him." proceed to perform it, we must cut through some
The reading of Targa's edition, misericors, has been part of the windpipe, below the larynx, about the
third or fourth ring for to cut quite through would
;
1. (Gal. Aurel., De Morb. Acut., i., 14 ; iii.,4.) 2. (De Med., be dangerous. This place is the most commo-
vii., 23, <) 3, p. 436.) 3. (p. 29, ed. Venet., 1549.) 4. (De Med., dious, because it is not covered with any flesh, and
26, i 2, p. 432.J5. (Allan on Lithotomy, p. 12.) 6.
vii.,
er's Diet, of Pract. Surg., art. Lithotomy.) 7. (vii., 25,
(Coop- because it has no vessels near it. Therefore, bend-
I) 3, p.
8. (Juv., Sat., vi., 73, 379. Seneca, apud
428.) Lactant., Di-
vm. ix., 28.
(Nosogr. Clnr.,vol. i., p. 42, edit. 2.) 2. (De Morb. Acut.
Inst., i., 1ft Mart., Epigr., vii., 82, 1 ; 12; xiv., 1.
215, 1. Tertull., De Corona Mil., 11.) 9. (vii., 25, fl, p. 427.) Cur., i., 7, p. 227, ed. Kfihn.) 3. (De Morb. Chron., iii., 4.)
10. (1 Corinth., vii., 18.) 11. De Re Med. vi. 53.) 12. (lib. 4. (Ibid., iii., 8.) 5. (Ibid., iii., 12.) 6. (De Meth. Med., vi..
rii., Prsfat.) 20.) 7. (p. 31.) 8. (De Re Med., vi.. 33. >
242
CHIRURGIA. CHIRURGIA.
nig the head of the patient hackward so that the were the same that had been described by Bayardj
windpipe may come more forward to the view, we in his Catal. Antiq. Monument. Herculani cffos., Nap.,
make a transverse section between two of the 1754, fol., n. 236-294 ; when, however, his disser-
rings, so that in this case, not the cartilage,
but the tation was afterward
republished,' he acknowledged
iiiembrane which encloses and unites the cartilages himself to be completely satisfied on this point, and
together, is divided. If the operator be a little has given, in the tract referred to, a learned and in
fearful, he may first divide the skin, extended by a genious description of the instruments and their
hook then, proceeding to the windpipe, and separ-
; supposed uses, from which the following account is
ating the vessels, if any are in the way, he must chiefly abridged. It will, however, be seen at once
make the incision.' Thus far Antyllus, who thought that the form of most of them is so simple, and
of this way of cutting, by observing (when it was, their uses so obvious, that very little explanation i<
I suppose, cut by chance) that the air rushed necessary.
through it with great violence, and that the voice
was interrupted. When the danger of suffocation (C)
is over, the lips of the wound must be united by su-
ture, that is, by sewing the skin, and not the carti-
lage then proper vulnerary medicines are to be
;
A.D., and are not famous for any surgical inven- the larger six inches long, the smaller four and z
tions. Paulus ^Egineta has given up the fifth and A
half. 3. cautery (Kavrripiov) made of iron, rather
sixth books of his work, De Re Medico., entirely
more than four inches long. 4, 5. Two lancets
to surgery, and has inserted in them much useful
(scalpellum, op'/l??), made of copper, the former ive
matter, the fruits chiefly of his own observation inches and a half long, the other three inches. Ii
and experience. He was particularly celebrated seems doubtful whether they were used tor blood-
for his skill in midwifery and female diseases,
letting, or for opening abscesses, &c. 6. knife A
and was called on that account, by the Arabians,
apparently made of copper, the blade of which is
Al-Kawabeli, "the Accoucheur." 8 Two pam- two inches and a half long, and in the broadest part
phlets were published
1768 at Gottingen, 4to, by
in
one inch in breadth the back is straight and thick,
;
Rud. Aug. Vogel, De Pauli JEginetcE Men-
entitled
and the edge much curved tbs handle is so short
;
tis in Medicinam, imprimisquc Chirurgiam. Paulus
that Savenko thinks it must hsve been broken. It
JEgineta lived probably towards the end of the sev- is uncertain for what particular purpose it was used :
enth century A.D., and is the last of the ancient Kiihn conjectures that (if it be a surgical instrument
Greek and Latin medical writers whose surgical at all) it may have been made with such a curved
works remain. The names of several others are
edge, and such a straight thick back, that it might
recorded, but they are not of sufficient eminence to be struck with a hammer, and so
amputate fingers,
require any notice here. For farther information 7. Another knife, apparently made of
toes, &c.
on the subject both of medicine and surgery, see the blade of which is of a
copper, triangular shape,
MEDICINA ;
and for the legal qualifications, social
two inches and in the broadest part eight i ies
long,
rank, &c., both of physicians and surgeons, among in breadth the back is and one line broad,
; straight
the ancient Greeks and Romans, see MEDICUS.
and this breadth continues all the way to the point,
The surgical instruments, from which the accom-
which, therefore, is not sharp, but guarded by a sort
panying engravings are made, were found by a of button. Kiihn thinks it may have been used for
physician of Petersburg, Dr. Savenko, in 1819, at
enlarging wounds, &c., for which it would be par-
Pompeii, in Via Consularis (Strada Consulare), in
ticularly fitted by its b unt point and broad back.
7
a house which is supposed to have belonged to a 8. A needle, about threi inches long, made of iron.
surgeon. They are now preserved in the museum 9. An elevator (or instrument for raising depressed
at Portici. The engravings, with an account of
portions of the scull), made of iron, five inches long,
them by Dr. Savenko, were originally published in and very much resembling those made use of at the
the Revut Medicate for 1821, vol. iii., p. 427, &c.
present day. 10-14. (vid. next cut) Different kinds
They were afterward inserted in Froriep's Notizen of forceps (vulsella). No. 10 has the two sides sepa-
aus fan Gebiete der Natur-und-Heilkunde for 1822, rated from each other, and is five inches long. No.
vol. ii., n. 26, p. 57, &c. The plate containing 1 1 is also five inches No. 12 is three inches
long.
theca instruments is wanting in the copy of the
and a half long. The sides are narrow at the point
Revue Medicate in the library of the College of Sur- of union, and become broader by degrees towards
geons, so that the accompanying figures are copied the other end, where, when closed, they form a kind
from the German work, in which some of them ap- of arch. It should be noticed that it is furnished with
pear to be drawn very badly. Their authenticity a movable ring, exactly like the tenaculum forceps
was at first doubted by Kiihn,* who thought they
employed at the present day. No. 13 was used foi
1. (p 15.) 2. (Abulpharaj, Hist. Dynast., p. 181, ed. Po-
crocke )- 3. (De Tnstrum Chirurg., Vel -ibus cog nit is, et nuper 1. (Opusc. Academ. Med. et Philolol., Lips., 1327, 1838, 8a
#<! is. Lips., 1823, 4to.) vol. p. 309.)
ii., 2. (De Med., vii., 26, $ 1, p. 429.)
243
CHIUM MARMOR. CHLAMYS.
of which it is susceptible rendered it peculiar!;!
proper. The Chian marble would appear to have
been of the Obsidian kind, and it is, in fact, some-
times called " Lapis Obsidianus Antiguorum." 1 The
name Obsidianus would seem to have been a corrup-
3
tion from Opsianus (bipiavof, airo TTJ<; oipeue).
*CHIUM VINUM (Xwf olvof), Chian Wine, a
17 Greek wine made in the island of Chios (the modern
Scio). described by some writers as a thick,
It is
luscious wine and that which grew on the craggy
;
and female catheters l " The surgeon should have thinner, more variegated in colour, and more sus-
:
three male catheters (ceneas fistulas'), of which the ceptible of ornament. It moreover differed in being
instead of square, its length being generally
longest should be fifteen, the next twelve, and the oblong
shortest nine inches in length and he should have about twice its breadth. To the regular oblong, a,
;
two female catheters, the one nine inches long, the b, c, d (see woodcut), gores were added, e'ther in
other six. Both sorts should be a little curved, the form of a right-angled triangle, a e /, producing
but especially the male they should be perfectly the modification a, e,g, d, which is exeiTi^/cied in the
;
annexed figure of Mercury, or of an obtuse-angled
smooth, and neither too thick nor too thin." 17.
Supposed by Froriep to be an instrument for ex-
tracting teeth (bdovraypa?) but Kiihn, with much
;
tire by Mercury :
"
1. (Philemon, p 367, ed. Meineke. Ephebica chlamyde :' 1. (Met., ii., 735.) 2. (Pollux, Onom., v., 18. ncpttMlavTa
Apulems, Met, x Belied., JEth., i. Plutarch, De Mul. Virt 8 an-xi'xtTai irtpl rijv xpa
:
Xen., Cyneg., vi., 17.) 3. (Plut.,
Pollux, Onom., x., 164.) 2. (^Elian, V. H., xiv., 10. The Alcib.) 4. (Lucian, Timon, 30.) 5. (Dial., vol. i., p. 232, ed
^t., Oral., x. Plaut., Pseud., II., iv., 45. Epid., HI., iii., 55. Hemsterh.) 6.
(Suet., Calig., 19.) 7. (Lamprid., Al. Sev.,40.
3. (Plaut., Pcen., III., iii., C, 31.) 4. (Pollux, Onora., v., 18. Compare Matt., xxvii, 28, 31.) 8. (Hesych., s. v. XAoid.
the scho-
5. (Virg-., JEn., iy., 137.) 6. (Virg., JEn., v., 251.) 7. (Virg. Athen., xiv., p. 618. Sophocl., (Ed. Col., 1600, with
II. cc. ; iii., 483,484 , xi., 775. Ovid, Met.,v., 51. Val. Place, liast. Paus.,i., 22, <) 3.)9. (Eupolis, ap. Schol.
ad Soph., 034
vi., 228.) 8. (Pollux, Onom., iv., 116.) 9. (Athenajus, xii., p Col., 1. c.) 10. (Aristot., H. A., ix., 2 ^lian, N
A., iv , 47
535 F. ; 536, A.) 10 (Apuleius, Met., xi.) 11. (Apuleius, x. Adams, Append. .
v.)
245
CHORAGUS. CHORUS.
*CH LORIS (x^uptc) the name of a Bird descri- the expense of consecrating, and sometimes he had
bed by Aristotle. Gesner, upon the authority of also to build the monument on which it v as placed.
Turner, holds it to be the Greenfinch, or Fringilla There was a whole street at Athens formed by the
1 line of these tripod-temples, and called " The Street
Moris, Temrhinck.
CHOES (Xocf). (Vid. DIONYSIA.) of the Tripods." The laws of Solon prescribed 40
CHCENIX (xolvi), a Greek measure of capaci- as the proper age for the choragus, but this law was
it was
1
With the improvement of the arts of music and market-place, where the chorus met. Thus Homer
dancing, the distinction of spectators and perform- calls the dancing-place the
%op6f fatyvav <5e xopov :* ;
'
and dance in the chorus paid performers were em- ; irj<; oiKia Kal xPi
e iai
'*
t'vBa 6' laav Nvfttyeuv KaTiol
ployed ; and at last the duties of this branch of wor- xopol 7?<5e #6w/coi.
5
Now the dancing-place for the
ship devolved upon one person, selected by the state public chorus in a Greek town would naturally be
to be their representative, who defrayed all the ex- the largest space which they had, i. e., the market-
penses which were incurred on the different occa- place, which was called by the more general name
sions. This person was the choragus. It was the of " the place" or " the space" d;opof). Thus the
duty of the managers of a tribe (faifieTiijTal $v/b)f) ayopu at Sparta was called the ^opof.
6
And evpv-
to which a choragy had come round, to provide a xopof is a common epithet of a large city thus :
7 8
person to perform the duties of it and the person Sparta and Athens are both called cvpli^opoj-,
;
appointed by them had to meet the expenses of the which either meant " having a wide chorus or mar-
chorus in all plays, tragic or comic (rpayufSoif, KU- ket," or, generally, "extensive" (evpv^wpof), as
iu(5cf ), and satirical and of the lyric choruses of
;
when it is applied as an epithet to 'Aaia in Pindar. 8
men and boys, the pyrrhichistae, cyclian dancers, Thus, also, the king says to the chorus, in the Sup-
1*
and flute-players ( xopqyeiv dvdpuai, or uvdpiKoir x~ plices of ^Eschylus, Aawv EV ^wpu ruacecQe.
This explanation of the word is impoitant, xPC
avdpuaiv), &c. He had first to collect his from its connexion with the idea of a primitive cho-
chorus, and then to procure a teacher (xopodiddaKa- rus. In the oldest times the chorus consisted of
Xof), whom he paid for instructing the choreutae. the whole population of the city, who met in the
The choragi drew lots for the first choice of teach- public place to offer up thanksgivings to their coun-
ers for as their credit depended upon the success try's god, by singing hymns and performing corre-
;
of their chorus in the dramatic or lyric contests, it sponding dances. The hymn, however, was not
was of great importance to them whose assistance sung by the chorus, but some poet or musician sang
they secured.
10
When the chorus was composed of or played the hymn, and the dancers, who formed
boys, the choragus was occasionally allowed to the chorus, only allowed their movements to be
press children for it, in case their parents were re- guided by the poem or the tune. The poet, there-
fractory.
11
The chorus were generally maintained, fore, was said to " lead off the dance" (egdpxeiv
11
during the period of their instruction, at the expense (UoATT^f), and this was said not merely of the poet,
of the choragus, and he had also to provide such but also of the principal dancers; 14 and even the
meat and drink as would contribute to strengthen leader of a game at ball is said upxeaOcu /zo/lTrifc.
the voice of the singers (01 6e
xpyyol rote, ev - From this it will be seen that the words neArcEodai
xP
ratf iyx&ia Kal -dpidaKia Kal a/ceA/ltdaf KOL /ivE?i6v and fj.o7t.nri, when used in speaking of the old chorus,
jrapariOevTeg, ev&xovv em TTO^VV xpovov, <$>uvaanov- imply the regular, graceful movements of the dan-
1
fievovc, Kal rpvtyuvTac; *). The expenses of the differ- cers 13 and the eumolpids were not singers of hymns, ;
ent choruses are given by Lysias 13 as follow Cho- but dancers in the chorus of Demeter and Dionysus.
.-
pyrrhic chorus, 8 minse pyrrhic chorus of boys, 7 accompanied by the cithara, the lyre, or the phor-
;
minae ; tragic, chorus, 30 minae comic, 16 minae minx, which were different kinds of stringed instru-
; ;
cyclian chorus, 300 minas. According to Demos- ments when the accompaniment was the flute, it ;
1*
thenes, the chorus of flute-players cost a great deal was not a chorus, but an dyhaia or a /cw/zof, a much
more than the tragic chorus. The choragus who more riotous affair, which was always rather of the
exhibited the best musical or theatrical entertain- nature of a procession than of a dance, and in which
ment, received as a prize a tripod, which he had there was often no exarchus, but every one joined
into the song or cry of joy at his pleasure. Such a
1. H.
(A.-istot., 5. A., viii., Adams, Append., s. v.) 2. (iv.,
23 ) 3 (c. 7 and 9.) 4.
(Paucton, Metrolog., p.
(c. 5.) 5. 1. (New Cratylus, p. 361.) 2. (Od., viii., 260.) 3. (1., 2fi4.)
233.)- 0. (v., 69.) (Wurm, De Pond, et Mens.,
7. (c. 8.) 8. -4. (xii., 4.) 5. (1., 318.) 6. (Pausan., iii., 11, $ 9.) 7. (An-
&c., p. 132, 142, 199. Hussey on Anc. Money and Measures, axandrides, ap. Athen., p. 131, C.) 8. (Oracul. ap. Demosth..
p.
209 and 214.) 9. (^Eliau, IX. A., xiv., 23.) 10. (Demosth., c. Mid., p. 531.) 9. (Ol.,vii., 18.) 10. (v., 976>-ll (Sre tht
11. (Antiphon., De Choreuta, p. 767, 768.)
Mid., p. 519.) 12. passages quoted in the Theatre of the Greeks, 4tn edition, p
(Plutarch, De Glor. Ath., p. 349, A.) 13. ('A^oX. <5upo<5., p. 21.) 12. (II., xviii., 604.)13. (II., xvi., 182. Hymn. Pylh
698 ) 1 1 (Mid., p. 565.) Apoll., 19.)
246
CHORUS. CHORUS
omus was the hymenaeal or bridal procession, consisted of combinations of rows of eight danceis,
though se,-ms to have been a mixture of the
lli is
and, from his partiality to the number 8, we have
chorus and the COIHU.S, for the harp and a chorus of another proverb, the nuvra OKTU of the gramma
damsels are mentioned in the descriptions of it by rians.
Homer and Ili'smd. The former merely says,
1
"A The most important event in the history of Greek
loud hymei-rfXK auise; young men skilled in the choral poetry was the adaptation of the dithyramb,
dance movt'ii Hio'iud; and among them flutes and or old Bacchic song, to the system of Doric chorus
harps resoundnd" (avXol, Qapfiiyyes re). Hesiod's es for it was to this that we owe the Attic drama.
;
"
description is much more elaborate
a
: The inhab- The dithyramb was originally of the nature of a
itants (of the fortified city which he it was
is describing) Kup.of sung by a band ol revellers to a flute
:
were enjoying themselves with festivities and dan- accompaniment and in the time of Archilochus
;
;esssion after a banquet. " On another odaKahof, and Arion is said to have been the son of
side, some
/oung men were moving on in the comus (knufia^ov) Cycleus.
io the sound of the flute some were
Aristotle tells us that tragedy arose from the re-
amusing them-
;
citations of the leaders of the dithyramb (UKO TUV
selves with singing and dancing others moved on ;
equipped" (i/iiAeif), and the figures of the dance meaning of Aristotle's statement. In the tragic
were called by the same name as the evolutions of trilogies of ^Eschylus we find a chorus and two
the army. 3 The Doric deity was Apollo; conse- actors. As tragedy arose from the leaders of the
dithyramb, the first beginning would be when the
quently, we find the Doric chorus, which was prop-
poet Thespis, as leader of his dithyrambic chorus,
erly accompanied by the lyre, and of which the lyric
either made long Epic or narrative speeches, 01
poetry of the Greeks was the legitimate offspring, conversed with his chorus. The improvement of
immediately connected with the worship of Apollo,
the inventor of the lyre. The three principal Doric ./Eschylus, then, was to introduce a dialogue be-
choruses were the pyrrhic, the gymnopadic, and the tween two of the exarchi, who would thus become
These were afterward transferred actors. Consequently, we should expect that in the
hyporchematic.
to the worship of Bacchus, and appear as the three
time of ^Eschylus the dithyrambic chorus of 50
varieties of the dramatic chorus, which celebrated
would be succeeded by a tragic chorus of 48, and
the worship of that divinity the emmeleia, or tragic
two actors. And this we find to be the case If
:
chorus into strophes and antistrophes, which Ste- comedies were acted in single plays, it is' not un-
that they would assign to a comic poet double
sichorus farther improved by the addition of an epode, likely
the chorus used by the tragedian in his
thus breaking through the monotonous alternation single plays,
or half his whole chorus. If so, the satyric drama
of strophe and antistrophe by the insertion of a
as less important, be contented with half the
stanza of a different measure. This improvement might,
is referred to in the proverb, Ovds ru ordinary tragic chorus, when the exigencies of the
rpia 2n?cri-
The choruses of Stesichorus piece rendered it desirable to increase the chorua
%6pov ycyviJOKsic..
from 12 to 15in one or more of the individual plays.
1. (P . xviii., 492.) 2. (Scut. Here., 270.) 3. (Muller's Do- 1. (Athensus, p. 628, A.) 2. (Poet., 4.) -3 (Compaje He-
iii., 12, $ 10; iv , HO 4. (De Saltat., c. 30.) rod., i, 23.) 4. (Hesych.,s v
247
CHKfidUS DIKE. CH11YSITES.
Besides, if the chorus of Stesichorus, which was as, for instance, when the debt arose upon a mer
antistrophic, and therefore quadrangular,
consisted cantile transaction, the thesmothetae would still have
of 48, as it is not improbable, and this chorus of 48 jurisdiction in it, though one of the parties to the
was divided into rows of eight (as in wuvra OKTU), suit were an alien otherwise it seems that when
;
eix would be an element of the regular chorus, and, such a person was the defendant, it was brought
therefore, a fit number to represent its least impor- into the court of the polemarch. 1 If the cause were
Miiller, from whose
1
tant par* See on this subject treated as a as above mentioned, the
diarj 'Eu-tropiKT/,
view ti , account here given differs in some par-
plaintiff would forfeit a sixth part of the sum con-
ticulars tested upon failing to obtain one fifth of the votes
The tragic chorus, though quadrangular, still of the dicasts a but we are not informed whethei;
mustered around the thymelc, or altar of Bacchus in this regulation was applicable, under similar circum-
the theatre, thereby showing some last traces of its stances, in all prosecutions for debt. The speech
dithyrambic origin ; and though the lyre was its of Demosthenes against Timotheus was made in ?
general accompaniment, it did not by any means cause of this kind.
repudiate the flute, the old accompaniment of the "CHROMIS or CHREMPS
(xpfyi?, Xf*>W, 01
dithyramb. When the chorus consisted of 15, it Xpe/^), a species of Fish, the same with the Sparut
entered the orchestra either in ranks three abreast, Chromis, L., and called in French Matron. Ron-
or in files five abreast in the former case it was delet says it is a small fish, and little esteemed.
;
said to be divided KCLTU vyd, in the latter Kara aroi- According to Cuvier, it is a chestnut-brown fish,
%ovf. No doubt a similar distinction was made in taken by thousands in the Mediterranean. The
the case of the chorus of 12. fishermen on the coast of Genoa call it Castagno, on
The expense of the chorus, as it is stated in the account of its chestnut colour. The Chromis Nilot-
article CHORAGUS, was defrayed by the choragus, ica, on the other hand, is of an agreeable flavour,
who was assigned to the poet by the archon. In and is considered the best fish in the Nile. 3
the case of a dramatic chorus, the poet, if he in- *CHRYS'ALIS or CHRYSALLIS, a name ap-
tended to represent at the Lenasa, applied to the plied to the first apparent change of the eruca, or
king archon if at the great Dionysia, to the chief maggot, of any species of insect. In a special
;
" "
archon, who gave him a chorus" if his play was sense, it denotes the tomb of the caterpillar and
thought to deserve it hence
" to
;
8
xPv
SiSovat signifies the cradle of the butterfly." The name has refer-
praise or approve a poet." The successful ence to the golden colour (xpvaof, "gold") which the
" 3 4
poet was said to receive the chorus." The comic chrysalis generally assumes.
dance was not at first thought worthy of a public *CHRYSANTH'EMUM (xpvadvdef4w), the Corn
chorus, but the chorus in that species of drama was Marygold, or Chrysanthemum coronarium. The
at first performed by amateurs (kdeTiovrai*), as was Greek name has reference to its golden-hued flow
5
also the case with the dithyramb in later times. ers. Another appellation is (lovtydatyov, though this
CHOUS or CHOEUS (x c C> or ^oev'f), a Greek in strictness belongs to the Ox-eyed Daisy, or
measure of liquids, which is stated by all the author- Chrysanthemum leucanthemum. Fee thinks that Vjr-
ities to be equal'to the Roman congius, and to con- gil means the C. coronarium by the Ckrysanthus of
tain six ^iarai or sextarii (5-9471 pints English). which he speaks in the Culex. 6 The modern Greeke
Suidas alone makes a distinction between the xvf call this plant TiTi//66Ac, and in the Archipelago,
and the ^oei'f, making the former equal to two sex- MavraMva. Sibthorp found it among the villages,
tarii, and the latter equal to six. Now when we and by the margins of roads. 6
remember that the was commonly used as a
xv *CHRYSELECTRUM (xpoqJuitfpof), a variety
drinking vessel at Athenian entertainments ; that, of Amber.
6
Fourcroy calls it "transparent amber
on the day of the x f (vid. DIONYSIA), a prize was of a golden yellow colour." 7
given to the person who first drank off his x fj S'i *CHRYSELECTRUS (jQMwffevnof), a name
and that Milo of Croton is said to have drunk three applied to the Indian Chrysoliths (Yellow Sapphire,
7
0f of wine at a draught, it is incredible that, in or Oriental Topaz), having a foil of brass laid under
these cases, the large xv<; mentioned above could them, and hence approaching in their colour to
be meant. It seems, therefore, probable that there amber, or electrum.'
was also a smaller measure of the same name, con- CHRYSE'NDETA, costly dishes used by the
taining, as Suidas states, two sextarii, =1-9823 Romans at their entertainments. They are men-
pints English. At first it was most likely the com- tioned several times by Martial, 9 and, from the epi-
mon name for a drinking vessel. According to thet flava which he applies to them, as well as from
8
Crates, the xv$ had originally a similar form to the analogy of the name, they appear to have been
the Panathenaic amphorae, and was also called of silver, with golden ornaments. Cicero 10 men-
tions vessels of this kind. He calls their golden
XPEOTS AIKH (xptove <5i/cj?), a simple action for ornaments in general sigilla, but again distinguish-
11
debt, was, like most of the other cases arising upon es them as crusta and emblemata the former were ;
an alleged breach of contract, referred to the juris- probably embossed figures or chasings fixed on to
diction of the thesmothetae when the sum in 18
ques- the silver, and the latter inlaid or wrought into it.
tion amounted to more than ten drachmas. If oth- The embossed work appears to be referred to by
3
erwise, it fell under the cognizance of those itiner- Paullus (cymbia argenteis crustis illigata* ), and the
ant magistrates, who were originally thirty in num- inlaid ornaments by Seneca (argent-um, in quod solidi
ber, and styled, accordingly, oi rpiuKovra
1
but af- auri cadatura. dcscenderit *).
:
terward, in consequence of the odium attached to 'CHRYSPTES (xpvairric), another name for the
this name, which had also served to designate the Basanites lapis, or Touchstone, from its use in test-
16
oligarchic tyrants, received an accession often col- ing gold.
leagues and a corresponding change of title. 10 If
the cause could be classed among the l^u^voi. dina-i, I. Alt. 2. s. " 'ETrufifAm 3
55.)
(Meier, Proc., (Suid., .)
(Aristot., H. A., iv., 8. ^Elian, N. A., ix., 17.- Ovid, Hal., 121.
1. (Euraeniden, i) 1, &c.) 2. (Plato, Rep., p. 383, C.) 3. Plin., H. N., ix., 16. Adams, Append., s. v.) 4. (Pliu., H
(Arintoph., Ran., 94. -A. (Aristot., Poet., 5.) 5. (Vid. Aristot., N., xi., 32, 35.) 5. (v.,404.) 6. (Billerbeck, Flora Classica, p.
Probl., xv 9.
, Rhet., iii., 9.) 6. (Arstoph., Acharn., v., 1086, 219.) 7. (Fourcroy's Chemistry, c. 14. Adams, Append., s. v.)
e<t. Dind.) 7. (Athen., lib. x.) 8. (Athen., xi., p. 496.) 9. 8. (Plin., H. N., xxxvii.,9.) 9. (ii., 43, 11 vi.,94; xiv.,97.)
;
(Pollux, Oiiom., x., 73. Wurm, De Poud., &c., p. 127, 136, 10. (Verr., iv., 21-23.) 11. (c. 23.) 12. (Compare c. 24.) 13
141, 198. Hussey on Anc. Money, Measures, &c., p. 2U-213.) (Dig. 34, tit. 2, s. 33.) 14. (Ep., v.) 15. (Plin., H. N., xxrr
~10. (Pollux, Onom., Tiii., 100.) 99 l
248
CHKVSOPHRYS. CHI HONIA.
CHRYSFTIS ^ptxrirtf), supposed to have beef, ception of the bright band between the eyes, we can
the yellow oxide of lead, used as a pigment by the find nothing in the Chrysophrys of the ancients,"
ancients, and forming one of the three varieties of observes Griffith, " that is absolutely characteristic
litharge (hiddpyvpoe) described by Dioscorides
1
and of the modern fish of the same name though, at ;
Pliny." Its name was, in all likelihood, derived from the same time, we find nothing which can give rise
its yellow and shining colour, resembling that of to exclusion. According to Aristotle, the chryso-
gold.
3
phrys has two pairs of fins its pyloric appendages;
*CHRYSOCO'LLA (xpvaoKoU.a). "The an- are few in number it remains close to the coasts, ;
"
cients," remarks Adams, applied this term to two and in salt marshes or pools it
spawns in summer,
;
distinct substances First, to a mineral called Chry- and deposites its eggs at the mouths of rivers ; the
:
rocoll-i by Aiken, Malachite by Kidd, and Copper great heats oblige it to conceal itself; the cold also
Green by Jameson and Cleaveland. It consists al- causes it to suffer it is carnivorous, and the fish-
;
most entirely of oxide of copper and silex. Second, ermen take it by striking it with a trident while
to a factitious substance prepared from soda and asleep. ^Elian tells us that it is the most timid of
copper in the manner described by Pliny.* It is fishes some branches of poplar, implanted in the
:
often confounded with the Borax, or Soda Boras of sand during a reflux, so terrified the chrysophrjs
the moderns, from its being used like Borax in sol- which were brought back by the flood, that on thi?
dering gold. There is much misapprehension in the succeeding reflux they did not dare to move, and
descriptions of the ancient Chrysocolla given by suffered themselves to be taken by the hand. That
Matthiolus, Agricola, Milligan, and most of the mod- the Aurata of the Latins was the same fish as the
ern commentators, which it is proper to caution the Chrysophrys of the Greeks, is evident from a pas-
8
student of ancient science not to be misled by." sage in Pliny, which is manifestly taken from Aris-
*CHRYSOC'OME ( XPVOOKO/ITJ), a species of totle, and where the first word is put as a transla-
Toadflax, the Linaria Linosyris of Bauhin, which is tion of the second. Columella tells us that the
the same with the Chrysocome Linosyris, L. Pliny Aurata was of the number of those fishes which the
says it wants a proper appellation in the Latin lan- Romans brought up in their vivaria ; and even the
guage. Anguillara and Matthiolus were unable to inventor of vivaria, Sergius Grata, appears to have
determine what kind of plant it was. 6 derived from this fish the surname which he bore,
*CHRYSO / LITHUS (xpvaofadoc), a Precious and which he left to his branch of the family. It
Stone, the same with the modern Topaz. Its pre- was, above all, the Aurata of the Lucrine lake that
vailing colour is yellow, whence the ancient appel- the Romans esteemed and Sergius, who obtained
;
lation. The ifievdoxpvffo^idos was stained crystal. 7 nearly entire possession of that lake, in all probabil-
" The name " 1
Cfirysolilhus," remarks Dr. Moore, ap- ity introduced the species there."
pears to have been applied somewhat loosely by the *CHRYSOPRAS'IUS LAPIS (xpvaoTrpaaotf, the
ancients, as the modern term is, to a great variety Chrysoprase, a precious stone, resembling in colour
of minerals. The Chrysolites obtained from Ethi- the juice of the leek (npuaov), but with somewhat
"
opia were aureo fulgore translucentes ;' but to these of a golden tinge (xpvaof, gold"), whence the
'
were preferred the Indian, which may have been name given it. What is now called Chrysoprase,
the yellow sapphire, or Oriental topaz. The best however, by Jameson and Aiken, could hardly, as
were set ope"n. Underneath others a foil of brass Adams thinks, have been known to the ancients,
was laid. These were called chryselectri, whose since it is iound only in Lower Silesia. It is com-
colour approached to that of amber (electrum). posed almost entirely of silex, with a small admix-
Those of Pontus might be distinguished by their ture of nickel, to which it owes its colour. The
lightness. They were, perhaps, yellow quartz, the' Chrysoprase of the ancients, on the other hand, was
Bohemian topaz or yellow fluor spar, the false to- most probably a variety of the Prasus. 8
;
paz ; whose specific gravities are to that of the Ori- CHTHON'IA (X0(wa), a festival celebrated at
ental topaz as three and four respectively to five. Hermione in honour of Demeter, surnamed Chtho-
The Chrysolite obtained in Spain, from the same nia. The following is the description of it given by
a "
locality with rock-crystal, we may suppose was yel- Pausanias The inhabitants of Hermione cel-
:
low quartz. Such as had a white vein running ebrate the Chthonia every year, in summer, in this
through them, called hence leucochrysi, were proba- manner They form a procession, headed by the
:
bly agate ; yellow quartz with a vein of chalcedony ; priests and magistrates of the year, who are follow-
and the capnia we may translate smoke-topaz. ed by men and women. Even for children i* is
Some resembled glass of a bright saffron colour ; customary to pay homage to the goddess by join..ig
and those made of glass could not be distinguished the procession. They wear white garments, and on
by the sight, but might be detected by the touch (of their heads they have chaplets of flowers, which they
the tongue, no doubt), as being warmer." 8 call Koofioauvtiahoi, which, however, from their size
*CHRYSOME'LUM ( xpvao/i^ov), according to and colour, as well as from the letters inscribed on
Billerbeck, the sweet Orange, and not a species of them, recording the premature death of Hyacinthus,
Quince, as it is sometimes styled. It is a variety seem to me to be hyacinths. Behind the procession
of the Citrus Aurantium, L. 9 there follow persons leading by strings an untamed
*CHRYSO'PIS (;rpww7Uf), a species of Precious heifer, just taken from the herd, and drag it into the
Stone, having, according to Pliny, the appearance temple, where four old women perform the sacrifice,
10
of gold. Dalecamp takes it for Hyacinth. one of them cutting the animal's throat with a
"CHRY'SOPHRYS (xpvaoQpvg), a large species scythe. The doors of the temple, which during
of Fish, answering to the Gilt Head or Gilt Poll, the this sacrifice had been shut, are thrown open, and
Sparus auraLi, L. The Greek name, which means persons especially appointed for the purpose lead
golden eyebrow," was given to it on account of a in a second heifer, tl:en a third and a fourth, all of
'
crescent-shaped band of a golden hue extending which are sacrificed by the matrons in the manner
from one eye to the other. Du Hamel says its described. A
curious circumstance in this* solem-
flesh is delicate, but rather dry ; according to Xen- nity is, that all the heifers must fall on the same
" With the ex- side on which the first fell." The splendour and
ocrates, it is firm and nutritious.
2. 3. (Moore's Anc. Min- rich offerings of this festival are also mentioned
1. (v., 102.) (Ii. N., xxxiii.,
35.)
4. (H. N., xxxiii., 29.) 5. (Adams, Append.,
eralogy, p. 61.)
n v .) 6. (Dioscor., "'., 55. Adams, AppeiM., a. v.) 7. (]>iod. 1. (Aristot., H. N., i., 5. ^Elian, N. A., xiii., 28. P-ivier,
Sic., ii., 51.) 8. (A-c. Mineral., p. 170.) 9. (Billerbeck, Flora An. King., vol. x., p. 163, 312, ed. Griffith ) 2. (Adev.i, Ap-
Clussica, p. 132.) 1. (Plin., II. N., xxxvii., 10.) pend., s. v.) 3. (ii., 35, $ 4.)
r i 249
CICADA. CIMEX.
who, however, makes no mention of Gryllus, though existing but for a single season
1
by .'Elian,
the matrons of whom Pausanias speaks, but says since it dies at the close of the summer, casts
that the sacrifice of the heifers was performed by its skin in the same manner as the caterpillar,
the priestess of Demeter. and deposites in the fields a membrane so accurate-
The Lacedaemonians adopted the worship of De- ly true to its entire shape, that it is often mistaken,
meter Chthonia from the Hermioneans, some of at first sight, for the Tettix itself. The belief that
a
whose kinsmen had settled in Messenia hence this insect was indigenous, or, in other words,
;
we may infer that they celebrated either the same sprang from the very earth, appears to have arisen
festival as that of the Hermioneans, or one similar from the circumstance of large numbers being seen
to it. immediately after showers, though not visible pre-
CHYTRA (xvrpa), an earthen vessel for common viously.
ise, especially for cooking. was commonly left
It *CICER. (Vid. EREBINTHUS.)
unpainted, and hence all unprofitable labour was de- *CICHORIUM. (Vid. INTYBUM.)
scribed by the proverb x^ TP av iroiKtt.faiv.
3
*CICI (K//U), a plant, the same as the Pmma
Christi or Ricinus communis. " This
*CICA'DA (Tern!;), a species of Insect, frequent- plant," ob-
ly mentioned by the
classical wHters. According serves Woodville, speaking of the Palma Christi,
"
to Dodwell,* it is formed like a large fly, with long appears to be the KIKI, or Kp6ruv of Dioscorides,
transparent wings, a dark brown back, and a yellow who observes that the seeds are powerfully cathar-
belly. It is originally a caterpillar, then a chrysa- tic : it is also mentioned by Aetius, Paulus JEgineta,
lis, and is converted into a fly late in the spring.
and Pliny." 1
Its song is much louder and shriller than that of the *CICONIA, the Stork. (Vid. PELARGOS.)
grasshopper, as Dodwell terms the latter. This wri- *CICU'TA, Hemlock. (Vid. CONEION.)
ter says that nothing is so piercing as their note ; CI'DARIS. (Vid. TIARA.)
nothing, at the same time, so tiresome and inhar- CILrCIUM a Haircloth. The material
(fcppic),
monious and yet the ancient writers, and espe-
;
of which the Greeks and Romans almost universal-
cially the poets, praise the sweetness of their song ; ly made this kind of cloth, was the hair of goats.
and Plutarch 5 says they were sacred to the Mu- The Asiatics made it of camel's-hair. Goats were
6
ses. According to JElian, only the male Cicada bred for this purpose in the greatest abundance, and
sings, and that in the hottest weather. This is with the longest hair, in Cilicia and from this ;
confirmed by the discoveries of modern naturalists. country the Latin name of such cloth was derived.
The Cicada is extremely common in the south of Lycia, Phrygia, Spain, and Libya also produced thfe
Italy. It is found also in the United States, being same article. The cloth obtained by spinning and
" the
called in some parts Harvest-fly," and in oth- weaving goafs-hair was nearly black, and was used
" the Locust." The Cicada for the coarse habits which sailors and fishermen
ers, very erroneously,
has a sucker instead of a mouth, by which it lives wore, as it was the least subject to be destroyed by
entirely on liquids, such as dew and the juices of being wet also for horse-cloths, tents, sacks, and
;
plants. The song of the Cicada, as it has been bags to hold workmen's tools (fabrilia vasa), and for
called, is made by the males for the purpose of call- the purpose of covering military engines, and the
ing to their females in the season of reproduction, walls and towers of besieged cities, so as to deaden
and it is made by the action of certain muscles the force of the ram (vid. ARIES), and to preserve
upon two membranes, turned in the form of a ket- the woodwork from being set on fire. *
ile-drum., and lodged in the cavity of the belly. Sev- Among the Orientals, sackcloth, which was with
eral species of Cicada are described by Aristotle, 7 them always haircloth, was worn to express morti-
8
Suidas, and ^Elian, but more especially two, name- fication and grief. After the decline of the Roman
ly, ol peyuTiot, rerriyef, ol adovrcf, called also dxerai, power, it passed from its other uses to be so em-
and ot fiiKpoi, called also Ternyowa. The former ployed in Europe also. Monks and anchorites al-
would appear to be the Cicada plebeia, the latter most universally adopted the cilicium as fit to be
the Cicada or?ii. This insect is called Cicale in worn for the sake of humiliation, and they sup-
" The
Italian, and Cigale in French. Tettix," ob- posed their end to be more completely attained
" if this part of their raiment was never washed.
serves Kirby, seems to have been the favourite
of every Grecian bard, from Homer and Hesiod to Hence Jerome, 3 describing the life of the monk Hi-
"
Theocritus. Supposed to be perfectly harmless, larion, says of his hair shirt, Saccum, quo ssmel
and to live only on the dew, they were addressed by fuerat indutus, nunquam lavans, et superfluum csst
the most endearing epithets, and were regarded as dicens, munditias in cilicio qutzrere."
all but divine. So attached, indeed, were the *CIMEX (xopif), the Bug, under which name
Athenians to these insects, that they were accus- many species are included by the ancients, which
tomed to fasten golden images of them in their modern naturalists have distinguished from one
hair, implying, at the same time, a boast, that they another. Aristotle makes the napif to be engen-
themselves, as well as the Cicadee, were ' terra dered by the vapory secretions from the skins of
9 "
filii,' or children of the earth." Anacreon, in one animals. Pliny,* after calling the Cimex animal
of his odes, 10 says of the Tettix, that old age fadissimum, et dictu quoque fastidiendum" (where
wastes it not away. In this he has reference to the he evidently alludes to the Cimex lectulanus, 01
fable of Tithonus., the favourite of Aurora, who, bedbug), goes on to state some marvellous uses
having wished for immortality, without having of this insect in the healing art. It was considered
asked, at the; same time, for perpetual youth, be- an excellent remedy against the bite of serpents,
came so decrepit, that Aurora, out of compassion, and especially of asps fumigations made with
:
changed him into a tettix, because this insect, as cimices caused leeches to loosen their hold and ;
the ancients believed, laid aside its skin every sum- if any animal had swallowed leeches in drinking,
mer, and thus renewed its youth. The truth is, the cimices, taken internally, served as a cure. The}
1
Tettix or Cicada, like all the other species of the were good for weak eyes when mixed with salt and
the milk of a female, and for complaints of the ears
L (H. A., xi., 4.) 2. (Paus., iii., 14, 5.) 3. (Athcn., ix., p.
t>
407 Suidas, s. v. Xvrpa and "Ovov irixac. Panofka, Recher- 1. (Dioscor., iv., 161. Adams, Append., 8. v.) 2. (Aristot.
ches, &c., i., 28.) 4. (Travels in Greece, vol. ii., p. 45.) 5. H. A., viii., 28. JElia.n, N. A., xvi., 30. Varro, DC Re Rust, ii
(Sympos. Probl., 8.) -6. (N. A., xi.,25.) 7. (H. A., iv., 9.) 8. 11. Virg., Georg.,.iii., 322. Avieni, Ora Marit., 218-221
-
(N. A., x., 44.)--9. (Griffith's Cuvier, vol. xv , p. 254.) 10. Vegetius, Are. Vet., i., 42.) 3. (Epist., lib. iii.) 4. (H. N
lOd xliii., 15, ed. Fischer.) xxij 4
250
CINCIA LEX. CIN NAB ARTS.
whrn mingled with honey and oil of roses. Nu- cept in the case of near relat-ves" were tu be ac
1
merous other medical virtues were ascribed to companied with certain formalities." The object
them, which, like the preceding, were purely fabu- of the law, accoiding to Savigny, was to prevent
lous, although Guettard, in modern times, recom- foolish and hasty gifts to a large amount, and, con-
mends them in hysterical cases. 1 sequently, was intended, among other things, to pre-
*CIMOL'IA TERRA (KipoMa yrj), Cimolian vent fraud. This was effected by declaring that
Earth, so called from the island Cimolus, one of the certain forms were necessary to make the gift valid,
Cyclades, whence it was principally obtained, al- such as mancipatio and in jure cessio, both of which
though found also in other of the adjacent islands, required some time and ceremony, and so allowed
particularly Siphnus. It was used by the ancients in the giver opportunity to reflect on what he was
cleaning their clothes, pretty much in the same way doing. These forms, also, could not be observed,
as fuller's earth is now employed. The ancients except in the presence of other persons, which was
ased it likewise in medicine Galen speaks of it as : an additional security against fraud. It is true that
a
good in St. Anthony's fire and Dioscorides 3 high-
; this advantage was not secured by the law in the
ly commends it, mixed with vinegar, in swellings, case of the most valuable of things, nee mancipi,
inflammations, and many other external affections. namely, money, for the transferring of which bare
The ancient writers mention two kinds of Cimolian tradition was sufficient ; but, on the other hand, a
Earth, a white and a purplish. Galen says that the gift of a large sum of ready money is one that peo-
white kind was dry, and the purple fattish, and that ple of all gifts are least likely to make. The lex,
the purple was accounted the better of the two. however, was a complete protection against simple
Dioscorides says that the purple kind was cold to stipulations that is, mere promises to give with-
;
the touch, a particular very observable in steatites. out an actual completion of the promise at the time.
"
Many authors," remarks Sir John Hill, " have Savigny concludes, and principally from a pas-
ranked Cimolian Earth among the clays, and Tour- sage in Pliny's letters, that the Cincian law origi-
1
a passage in Tacitus. 9 The law was so far modified and though the general rule be that an agreement
in the time of Claudius, that an advocate was allow- to give cannot be enforced, this rule is subject to
ed to receive ten sestertia if he took any sum be-
; exceptions in the case of persons standing in a cer-
yond that, he was liable to be prosecuted for repe- tain relation to the giver.
tundae (rcpctundarum tenebatur 10 ). (Vid. REPETUN- It might be conjectured that one object of the
njE.) It appears that this permission was so far re- Cincian law was to prevent debtors from cheating
stricted in Trajan's time, that the fee could not be their creditors by gifts of their property, or by pre-
11
paid till the work was done. tended gifts but perhaps it would be difficult to
;
So far the Cincian law presents no difficulty; establish this point satisfactorily in the present
but it appears that the provisions of the law were state of our knowledge on this subject.
not limited to the case already stated. They ap- f CINCTUS GABPNUS. (Vid. TOGA.)
plied, also, to gifts in general or, at least, there
;
CFNGULUM. (Vid. ZONA.)
were enactments which did limit the amount of CINERA'RIUS. (Vid. CALAMISTRUM.)
what a person could give, and also required gifts to CI'NERES. (Vid. FUNUS.)
be accompanied with certain formalities and it CPNIFLO. (Vid. CALAMISTRUM.)
;
iocs not seem possible to refer these enactments to *CINNAB /AR1S (Kiwafapic, or *), Cinnaimr.
" Minium is
any other than the Cincian law. The numerous Martyn* writes thus concerning it :
contradictions and difficulties which perplex this the native Cinnabar, or ore out of which the quick-
subject are, perhaps, satisfactorily reconciled and silver is drawn. Minium is now commonly used to
removed by the following conjecture of Savigny 12 designate red lead ; but we learn from Pliny that tl e
:
* person's free choice, as before but large gifts (ex- same thing with the Greeks." Adams thinks that
;
Cass.,liv., 18.) 9. (Ann., xiii., 42.) 10. (Tacit., Ann., xi., 7.)
11. (Plin., Ep., v., 21.) 12. (Ueber die Lex Cincia, Zeit- 1. (x., 3.) 2. (Cod. Ilermog., vi., 1.) 3. (Rheinisches Mu*
.fchrift, &c., iv.)
urn, 1827.) 4. (ad Virg., Eclog., x., 27.)
Sftl
cirrus. CIRCUS.
the Sil Atticum, or Factitious Cinnabar, which was who died at the age of eighteen years, one month,
very different from ours, being a preparation of a and twenty-four days. Below the tablet, a festoon
shining arenaceous substance.
1
of fruits and flowers is suspended from two rams'
*CINNAMO'MUM (mvvuuuuof), the Cinnamon- heads at the corners and at the lower corners are ;
8
tree, and also Cinnamon itself. It is supposed by two sphinxes, with a head of Pan in the area be-
many that the Kivvu/iufioc of the ancients was the tween them.
Laurus Cinnamomum. The only objectioi. to this On several cippi we find the letters S. T. T. L.,
opinion, as Adams remarks, is, that the latter is a that is, Sit tibi terra levis, whence Persius, in the
native of Ceylon (the ancient Taprobane), and that passage already referred to, says,
" Non levior
dp-
it is scarcely to be believed that they could have pus nunc imprimit ossa."
been so familiar with a production of that island, as it It was also usual to place at one corner of the
appears they were with their own Cinnamon. Yet, burying-ground a cippus, on which the extent of the
notwithstanding this, many of the authorities, as, for burying-ground was marked, towards the road (IK
example, Sprengel and Dierbach, hold it to be the fronle), and backward to the fields (in agrum ).
1
remains beyond the palpable evidence of the site itground-plan of which, together with much of me
occupied, and a few masses of rubble-work in a cir-superstructure, remains in a state of considerable
culai form, which may be seen under the walls of preservation. The ground-plan of the circus in
some houses in the Via de j Cerchi, and which retain
question is represented in the annexed woodcut ;
1
traces of having supported the stone seats for the and may be safely taken as a model of all others,
spectators. This loss is, fortunately, supplied by since it agrees in every main feature, both of gen-
the remains of a small circus on the Via Appia, eral outline and individual parts, with the descrip-
commonly called the Circus of Caracalla, the tion of the Circus Maximus given by Dionysius. 1
Ml 1
CIRCUS. CIRCUS.
vrater ;
but m
a bas-relief of the Palazzo Barberi- apparently in the act of letting go the rope ($
1
placed against the columns
which in the manner described by Dionysius. 1 The
m, a ladder is
probably under the first of these spaces that the al- It will not fail to be observed that the line of the
tar of the god Census was concealed,* which was carceres is not at a right angle with the spina, but
excavated upon each occasion of these games. 4 forms the segment of a circle, the centre of which
At the extremity of the circus in which the two is a point on the right hand of the arena the rea-
;
horns of the cavea terminate, were placed the stalls son for Vhich is obviously that all the chariots
for the horses and chariots (H, H), commonly called might have, as nearly as possible, an equal distance
carceres at, and subsequently to, the age of Varro ; to pass over between the carceres and mouth of the
but more anciently the whole line of buildings which course. Moreover, the two sides of the circus are
confined this end of the circus was termed oppidum, not parallel to each other, nor the spina to either ol
because, with its gates and towers, it resembled them but they are so planned that the course di-
;
the walls of a town, 6 which is forcibly illustrated minishes gradually from the mouth at (J), until it
by the circus under consideration, where the two reaches the corresponding line at the opposite side
towers (I, I) at each end of the carceres are still of the spina (K), where it is narrower by thirty-two
standing. The number of carceres is supposed to feet. This might have proceeded from economy,
have been usually twelve, 7 as they are in this plan ; or be necessary in the present instance on account
but in the mosaic discovered at Lyons, and pub- of the limited extent of the circus for as all the
;
8
lished by Artaud, there are only eight. This mo- four or six chariots would enter the mouth of the
saic has several peculiarities. Most of the objects course nearly abreast, the greatest width would be
are double. There is a double set of ova and dcl- required at that spot but as they got down the
;
phina, one of each sort at each end of the spina ; course, and one or more took the lead, the same
and eight chariots, that is, a double set for each width would be no longer necessary.
colour, are inserted. They were vaults, closed in The carceres were divided into two sets of six
10
front by gates of open woodwork (cancelli), which each, accurately described by Cassiodorus as bis-
were opened simultaneously upon the signal being scna ostia, by an entrance in the centre (L), called
9 10
given, by removing a rope (fisTr/l^y^ ) attached to Porta Pompa; because it was the one through
pilasters of thekind called Hermes, placed for that which the Circensian procession entered, and which,
11
purpose between each stall upon which the gates ; it is inferred from a passage in Ausonius, was al-
were immediately thrown open by a number of ways open, forming a thoroughfare through the cir
men, probably the armentarii, as represented in the cus. Besides this entrance, there were four others,
following woodcut, taken from a very curious mar- two at the termination of the seats between the ca-
bl* in the Museo Borgiano at Velletri ; which vea and the oppidum (M, M), another at (N), and the
also^
represents most of the other peculiarities above fourth at (0), under the vault of which the fresco
mentioned as appertaining to the carceres. decorations are still visible. This is supposed to
be the Porta Triumphalis, to which its situation
seems adapted. One of the others was the Porta
Libitinensis,
13
so called because it was the one
through which the dead bodies of those killed in thfl
13
games were carried out.
Such were the general features of a circus, as far
as regards the interior of the fabric. The area had
also its divisions appropriated to particular purpos
es, with a nomenclature of its own attached to each
The space immediately before the oppidum was
termed circus primus ; that near the meta prima,
1*
fn the mosaic of Lyons the man is circus interior or intimus, which latter spot, in the
represented
Circus Maximus, was also termed ad Murcim or at
1. (Fabretti, Syntagm. de Column. Trajani, p. 144.) 2. (1. c.)
J. (Compare Festus, s. v. Servius, ad Virg., JEn., ix.,
Phalse. 1. (I.e.) 2. (Chamber XL, No. 10.) 3. (Stat., Theb., vi.
705. Ruperti, ad Juv., 1. c.) 4. De Spectac., c. 5.)
(Tertull., 399. Hor., Epist., 4. (Sidon., Carm., xxiii., 319,"
I., xiv., 9.)
5. 6. (Festus, s. v.
(Dionys., ii., p. 97.) Varro, De Ling. Lat., 5. (Cassiodor., Var. Ep., 51.)
iii., 6. (Auson., Epist., xviii.
v., 153.) 7. (Cnssiodor., Var. Ep., iii., 51.) 8. (Description 11.) 7. (Ovid, Trist., V., ix., 29.) S. (Id., Met., ii., 155. Stl
d'un Mosaique, &c., Lyons, 1805.) 9. (Dionys., iii., p. 192. Ital., xvi., 318.) 9. (Id., xvi., 317.1 10. (I.e.) 11. (Epist.
Cassiodor., 1. c. Compare Stl. Ital., xvi., 316.) 10. (T)jonys., 1. 12. (Lamprid., Commod., 16.) 13. (Dion Cn
xviii., 12.)
t Compare Schol. ad Theoc.r ".., Idyll., viii., 57.) Ixxii p. 1222014. (Varro, De Ling: Lat., v., 154.)
.
254
CIRCUS. CfRCUS.
Muraam, from the altar of Venus Murtia or Murcia, depth of the buildings occupied half a stadium,
placed there.
1
The term arena belongs to an am- which is included in the measurements given bj
too narrow to admit of eight chariots starting The seat of the emperor, pulvinar, " cubiculum, 11 was
1
became necessary
it that an alba linea
most likely in the same situation in the Circus Max-
abreast,
should be drawn for each set imus as in the one above described. It was gen-
; and, consequently,
one in advance of the other. The writer has often erally upon the podium, unless when he presided
18
seen the accident alluded to above happen at Rome, himself, which was not always the case but then ;
when an over-eager horse rushes against the rope he occupied the elevated tribunal of the president
and gets thrown down. This line, for an obvious (suggestus), over the Porto. Pom-pa. The consuls
8
was also called calx and , creta, 9 from and other dignitaries sat above the carceres, 1 * indi-
reason,
whence comes the allusion of Persius, 10 cretata am- cations of which seats are seen in the first wood-
intio. The meta, served only to regulate the turn- cut on page 254. The rest of the oppidum was
ings of the course ; the alba linea answered to the probably occupied by the musicians and persons who
formed part of the pompa.
starting and winning post of modern days "perac- :
to legitimo cursu ad cretam stetere." 11 Hence the The exterior of the Circus Maximus was sur-
of 12 " rounded by a portico one story high, above which
metaphor Cicero, quasi decurso spatio ad car-
ceres a calce revocari ;" and of Horace, 13 " mors were shops for those who sold refreshments. 14
ultima linea rerum." 1* Within the portico were ranges of dark vaults
From this description the Circus Maximus differ- which supported the seats of the cavca. These
ed little, except in size and magnificence of embel- were let out to women of the town. 1 '
lishment. But as it was used for hunting wild The Circensian games (Ludi Circenses) were first
instituted by Romulus, according to the legends,
beasts, Julius Caesar drew a canal, called Euripus,
ten feet wide, around the bottom of the podium, to when he wished to attract the Sabine population to
protect the spectators who sa* there,
14
which was Rome, for the purpose of furnishing his own peo V
16
removed by Nero, 16 but subsequently restored by with wives, and were celebrated in honour of the
other princes. 17 god Census, or Neptunus Equestris, from whom
It possessed also another variety
11
in three open galleries or balconies, at the circular they were styled Consuales.
But after the con-
1*
The numbers struction of the Circus Maximus they were called
end, called meniana or maniana. 19 1'
which the Circus Maximus was capable of contain- indiscriminately Circenses, Romani, or Magni.
19 They embraced six kinds of games I. CURSUS :
ing are computed at 150,000 by Dionysius, 260,000
II. LUDUS TROIM III. PUGNA EQUESTRIS IV
by Pliny," and 385,000 by P. Victor, 81 all of which ; ;
are probably correct, but have reference to different CERTAMEN GYMNICUM V. VKNATIO VI. NAUMA-
; ;
ftstinction, bore a part. The statues of the gods When all was ready, the doors cf the carcerea
formed the most conspicuous feature in the show, were flung open, and the chariots were formed
and were paraded upon wooden abreast of the alba linea by men called nw atores
platforms, called
fcrcula and thensa.
1
The former were borne upon from their duty -the signal for the start was then
;
the shoulders, as the statues of saints are carried given by the person who presided at the games,
in modern processions ;* the latter drawn along sometimes by sound of trumpet, or more usually
1
upon wheels, and hence the thensa which bore the by letting fall a napkin, whence the Circensiar
3
statue of Jupiter is termed Jovis plaustrum by Ter- games are called spectacula mappa* The origin of
3 4 The for- this custom is founded on a story that Nero, while-
tullian, and Aidf ojof by Dion Cassius.
mer were for painted images, or those of light at dinner, hearing the shouts of the people, who
material, the latter for the heavy statues. The were clamorous for the course to begin, threw down
whole procession is minutely described by Dio- his napkin as the signal.* The alba linea was then
5 cast off, and the race commenced, the extent of
nysius.
I. CURSUS, the races. The carriage usually em- which was seven times round the spina,* keeping
ployed in the circus was drawn by two or four it always on the left.* course of seven circuits A
horses (biga, quadriga). (Vid. BIGA, BIGATUS.) was termed unus missus, and twenty-five was the
The usual number of chariots which started for number of races run in each day, the last of which
each race was four. The drivers (auriga, agitatores) was called missus eerarius, because in early timea
were also divided into four companies, each distin- the expense of it was defrayed by a collection of
guished by a different colour, to represent the four money (as) made among the people.
7
6
Upon one
seasons of the year, and called a factio : thus factio occasion Domitian reduced the number of circuits
7
prasina, the green, represented the spring, whence from seven to five, in order to exhibit 100 missus in
" Eventum viridis 8
The victor descended from his car at
quo colligo panni ;" factio russa- one day.
ta, red, the summer; factio veneta, azure, the au- the conclusion of the race, and ascended the spina,
tumn and factio alba or albata, white, the winter.* where he received his reward (bravium, from the
;
9
Originally there were but two factions, albata and Greek {tpafietov ) this consisted of a considerable :
This enabled him to throw all his weight against ion by urging on the horses, when his hands were
the horses, by leaning backward but it greatly en- occupied in managing the reins, and, if necessary,
;
hanced his danger in case of an upset, and caused to ride forward and clear the course, as seen in the
the death of Hippolytus. 11 To avoid this peril, a cut from the British Museum representing the metet
sort of knife or bill-hook was carried at the waist for which duty Cassiodorus 11 assigns to him, with thf
the purpose of cutting the reins in a case of emer- title of equus desultorius. Other writers apply thai
gency, as is seen in some of the ancient reliefs, and term to those who practised feats of horsemanship
is more clearly illustrated in the annexed woodcut, in the circus, leaping from one to another when at
their speed. 1 * In other respects, the horse-racing
followed the same rules as the chariots.
The enthusiasm of the Romans for these races
exceeded all bounds. Lists of the horses (libella),
with their names and colours, and those of the dri-
vers, were handed about, and heavy bets made
13
upon each faction and sometimes the contests;
great roads ; a proof that the ancients considered particularly applied, especially among the Greeks,
six Roman miles per hour as an extraordinary to the small boxes which were carried in proces-
speed.
8
The conductors of these hired gigs were sion in the festivals of Demeter and Dionysus.
called cisiarii, and were subject to penalties for care- These boxes, which were always kept closed in the
9
less or dangerous driving. public processions, contained sacred things connect-
*CISSA or CITTA (Kiaaa, K'LTTO), a species of ed with the worship of these deities. 8
Bird, which Hardouin and most of the earlier com- In the representations of the Dionysian proces-
mentators hold to be the Magpie, or Gorvus Pica, L. sions, which frequently form the subject of paint-
Schneider, however, thinks the Jay, or Careus glan- ings on ancient vases, women carrying cistae are
dularius, more applicable to the ninaa of Aristotle.
The latter is certainly the bird described by Pliny
under this name. 10
*CISSE'RIS (niaajipic), Pumice. Theophrastus 11
was well aware that Pumice is formed by the ac-
tion of fire. He speaks of various kinds, specifying
particularly the pumices of Nisyrus and Melos the ;
1. (Nieupoort, Rit. Rom., iv., 5, (> 2.) 2. (Martyn ad Virg., lar figure from the same work is given on page 188
Georg., i., 405. Ovid, Met., viii., 150.) 3. (Dioscor., iv., 117.
Adams, Append., s. v.) 4. (C. PL, iv., 15.) 5. (Adams, Ap-
s. v.) 6. (Festus, s. v. Ploxinum.) 7. (Virg., Catal.,
pend.,
viii., 3. Cic., Phil., ii., 31.) 8. (Pro Rotcio Amer., 7.) 9. (Ul- log.,
pian, xiii.) 10. (Aristot., H. A., ix., 14. Adams, Append., s.v.)
11 (De Lapid., c. xxxiii., &c.) 12. (Hill ad Theophrast. 1.
c,) moire, vol. i.,'p. 240.)^8. (5rid, De Art'. Amat., ii., 609 C
-13 (v., 124.) 14 111 P.,i.,3;'ii. 18.) lull.. IIT 160 TibulL, I , vii., 48.)
V 257
CITRUS CI VITAS.
*CISTHUS or CISTUS (111060$, Kiarof). The dinary rfcsult, inquired of the soldier who guarded
common Ktarof of the Greeks was either the Cistus them what they had eaten or drunk that day, and
Cretious or C. ladaniferus. This is the tree which being informed that they had only eaten a citron,
produces the famous gum Ladanum. (Vid. LADA- he ordered that the next day one of them should
NUM.) Sibthorp makes the Kiarof tiffae of Dioscor- eat citron and the other not. He who had not tast
ides to be the Cistus salmfolius. 1 ed the citron died presently after he was bitten ;
CISTO'PHORUS (Kiarofopof), a silver coin, the other remained unhurt Palladius 1 seems to
!
which is supposed to belong to Rhodes, and which have been the first who cultivated the citron with
was in general circulation in Asia Minor at the time any success in Italy. He has a whole chapter on
of the conquest of that country by the Romans. 2 the subject of this tree. It seems, by his account,
It took its name from the device upon it, which was that the fruit was acrid, which confirms what The-
either the sacred chest (cista) of Bacchus, or, more ophrastus and Pliny have said of it, that it was not
probably, a flower called Kiarof. Its value is ex- esculent. It may have been meliorated by culture
ncd" ceased to be used at all the designation of : rived all their privileges, civil as well as religious,
the Citron-tree then became more precise, under from their nobles and princes. Nothing could have
the appellation of mains Medica or Citrus (pfkia been farther from the notions of those times than
t&qdiKT), KiTpia). Of all the species of " Citrus," the ideas respecting the natural equality of freemen
that which botanists term, par excellence, the Citron- which were considered self-evident axioms in the
tree of Media, was probably the first known in the democracies of an after period. In the early gov-
West. Virgil 6 gives a beautiful description of it,
.
ernments there were no formal stipulations the ;
"
styling the fruit felix malurn." This epithet felix kings were amenable to the gods alone. The
is meant to indicate the "happy" employment of shadows of a council and assembly were already in
the fruit as a means of cure in cases of poisoning, existence, but their business was to obey. Com-
as well as on other occasions while the tristes ; munity of language, of religion, and of legal rights,
sued indicate, according to Fee, the bitter savour as far as they then existed, was the bond of union ;
of the rind, for it is of the rind that the here and their privileges, such as they were, were read-
poet
points out, as he thinks, the medical use he makes : ily granted to naturalized strangers. Upon the
no allusion to the refreshing effects of the citron, whole, as Wachsmuth has well observed, the no-
but only to its tonic action ; and this latter could tion of citizenship in the heroic age only existed so
not refer to the juice, the properties of which were far as the condition of aliens or of domestic slaves
not as yet well known. Some commentators think was its negative.
that, when Josephus speaks of the apple of Persia, The rise of a dominant class gradually overthrew
which in his time served as " hadar," he means the the monarchies of ancient Greece. Of such a class,
citron. This, however, cannot be correct. It would the chief characteristics were good birth and the
seem that he merely refers to a remarkable and hereditary transmission of privileges, the possession
choice kind of fruit, which was to be an offering to of land, and the performance of military service.
the Lord so that hadar cannot be the Hebrew for
;
To these characters the names yd//opof, imtelg, ri>
the citron-tree or its produce. 7 Neither is there irarpidai, &c., severally correspond. Strictly speak-
any ground for the belief that the Jews in the time ing, these were the only citizens ;
yet the lower
of Moses were acquainted with this tree. 8* Virgil 9 class were quite distinct from bondmen or slaves.
says that the fruit of the citron was a specific against It commonly happened that the nobility
occupied
poison, and also that the Medes chewed it as a cor- the fortified towns, while the c%of lived in the
rective of fetid breaths, and as a
remedy for the country and followed agricultural pursuits when- :
asthma. Athenaeus 10 relates a remarkable ever the latter were gathered within the walls, and
story of
the use of citrons against poison, which he had from became seamen or handicraftsmen, the difference
a friend of his who was governor of of ranks was soon lost, and wealth made the only
Egypt. This
governor had condemned two malefactors to death standard. The quarrels of the nobility among
by the bite of serpents. As were themselves, and the admixture of population arising
they being led to
execution, a person, taking compassion on them, from immigrations, all tended to raise the lower
gave them a citron to eat. The consequence of this orders from their political subjection. It must be
was, that though they were exposed to the bite of remembered, too, that the possession of domestic
the most venomous serpents, they received no in- slaves, if it placed them in no new relation to the
jury. The governor, bei ng surprised at this extraor- governing body, at any rate gave them leisure to
attend to the higher duties of a citizen, and thu
1. (Theophrast., ri., 2. Dioscor., 128. served to increase their political efficiency.
i., Adams, Append
T.) 2. (Liv., xxxvii., 46, 58; xxxix., 7.
a
Cic. ad Att., ii., 6 During the convulsions which followed the heroic
xi., 1.) (Festus, s. v. Euboicum Talentum, and Talentorum
nou, &c. Vid. Mailer's notes.) 4. (Flore de
ages, naturalization was readily granted to all who
Vir-ile, p. cvi )
5. (H. N., xv., 1406. (Georg., ii., 126, 7. (Fee, 1 c
desired it as the value of citizenship increased, il
;
seqq.) )
6. (Fee l.c.)-ft f c.J-10. (lib. iii.
c.28.) 1. (Martyn ad Virg., Georg., ii., 134 ) 2. (Martyn. 1
258
CIVITAS. CIVITAS
was, of course, more sparingly bestowed. The ties It is evident, then, from the very object of ilia
of hospitality descended from the prince to the state, phratrise, why the newly-admitted citizen was not
and the friendly relations of the Homeric heroes enrolled in them. As the same reason did not ap-
were exchanged for the Trpofcviai of a later period. ply to the children, these, if born of women wh
In political intercourse, the importance of these were citizens, were in the phratria ol theii
enrolled
1
last soon began to be felt, and the irpogEvof at Ath- maternal grandfather. Still an additional safe-
ens, in after times, obtained rights only inferior to guard was provided by the registry of the deme.
actual citizenship. (Vid. PROXENOS.) The isopo- At the age of sixteen, the son of a citizen was re-
lite relation existed, however, on a much more ex- quired to devote two years to the exercises of th
tended scale. Sometimes particular privileges were gymnasia, at the expiration of which term he was
granted as iniya/iia, the right
: of intermarriage ; enrolled in his deme and, after taking the oath ot
;
tynrricng, the right of acquiring landed property ; a citizen,was armed in the presence of the assem-
reAa, immunity from taxation, especially urefaia bly. He was then of age, and might marry but ;
fieroiKiov, from the tax imposed on resident aliens. was required to spend two years more as a nepiiro-
All these privileges were included under the gen- Aof in frontier service before he was admitted to
eral term iaorefoia or icroTro/liraa, and the class take part in the assembly of the people. The ad-
who obtained them were called iooTefatf. They mission into the phratria and deme were alike at-
bore the same burdens with the citizens, and could tended with oaths and other solemn formalities:
plead in the courts or transact business with the when a 6oKi/jiaoia or general scrutiny of the claims
people without the intervention of a Trpodrar^f.
1
of citizens took place, it was intrusted to both of
If the right of citizenship was conferred for services them indeed, the registry of the deme was the
;
done to the state, the rank termed Kpoedpla or evep- only check upon the naturalized citizen.
yevia might be added. Naturalized citizens, even These privileges, however, were only enjoyed
of the highest grade, were not precisely in the same while the citizen was l7rm//of in other words, did
:
rendition with the citizen by birth, although it is not incur any sort of aTijiia. 'Art/zta was of two
not agreed in what the difference consisted. Some sorts, either partial or total. In the former case,
think that they were excluded from the assembly,* the rights of citizenship were forfeited for a time
others that they were only ineligible to offices, or, or in a particular case as when public debtors, for
;
at any rate, to the archonship. instance, were debarred from the assembly and
The candidate on whom the citizenship was to courts until the debt was paid 2 or when a plaintiff
;
be conferred was proposed in two successive as- was subjected to art/Ata, and debarred from institu-
semblies, at the second of which at least six thou- ting certain public suits if he did not obtain a fifth
3
sand citizens voted for him by ballot even if he :
part of the votes. Total arifiia was incurred for
succeeded, his admission, like every other decree, the worse sort of crimes, such as bribery, embez
was liable during a whole year to a ypayri Ttapavo- zlement, perjury, neglect of parents, &c> It did
Huv. He was registered in a phyle and deme, but not affect the property of the delinquent, but only
not enrolled in the phratria and genos and hence ; deprived him of his political rights perhaps it did:
it has been argued that he was ineligible to the of- not contain any idea even of dishonour, except in
fice of archon or priest, because unable to partici- so far as it was the punishment of an offence. The
pate in the sacred rites of 'A.n6h%yv liarpuog or punishment did not necessarily extend to the family
Zetr 'EpKetbf. of the offender, although in particular cases it may
Theobject of the phratriae (which were retained have done so.*
ii: the constitution of Clisthenes, when their num- Recurring, then, to Aristotle's definition, we find
ber no longer corresponded to that of the tribes) the essential properties of Athenian citizenship to
was to preserve purity and legitimacy of descent have consisted in the share possessed by every citi-
3
among the citizens. Aristotle says that for prac- zen in the legislature, in the election of magistrates,
tical purposes it was sufficient to define a citizen in the doKtpaola, and in the courts of justice.
as the son or grandson of a citizen, and the register The lowest unity under which the citizen was
of the phratriae was kept chiefly as a record of the contained was the yevo? or clan its members were ;
citizenship of the parents. If any one's claim was termed yevvfjTat. or opoydhaKree. Thirty ytvn form-
disputed, this register was at hand, and gave an ed a Qparpia, which latter division, as was observ-
answer to all doubts about the rights of his parents ed above, continued to subsist long after the four
or his own identity. Every newly-married woman, tribes, to which the twelve phratnes anciently Cor-
herself a citizen, was enrolled in the phratriae of her responded, had been done away by the constitut.on
husband, and every infant registered in the phratria of Clisthenes. There is no reason to suppose that
and genos of its father. All who were thus regis- these divisions originated in the common descent
tered must have been born in lawful wedlock, of of the persons who were included in them, as they
parents who were themselves citizens indeed, so certainly did not imply any such idea in later times.
;
far was this carried, that the omission of any of the Rather they are to be considered as mere political
requisite formalities in the marriage of the parents, unions, yet formed in imitation of the natural ties
if it did not wholly take away the rights of citizen- of the patriarchal system.
ship, might place the offspring under serious disa- If we would picture to ourselves the true notion
bilities. This, however, was only carried out in its which the Greeks imbodied in the word TroAif, we
utmost rigour at the time when Athenian citizen- must lay aside all modern ideas respecting the na-
ship was most valuable. In Solon's time, it is not ture and object of a state. With us, practically, if
certain that the offspring of a citizen and of a for- not in theory, the essential object of a state hardly
eign woman incurred any civil disadvantage and embraces more than the protection of life and prop-
;
even the law of Pericles,* which exacted citizen- erty. The Greeks, on the other hand, had the most
ship on the mother's side, appears to have become vivid conception of the state as a whole, every part
obsolete very soon afterward, as we find it re-en- of which was to co-operate to some great end, to
acted by Aristophon in the archonship of Euclides, which all other duties were considered as subordi-
B.C. 103.* nate. Thus the aim of democracy was said to be
liberty wealth, of oligarchy and education, of ar-
; ;
istocracy. In all governments the endeavour was to look upon them as an oppressed race. Ever
to draw the social union as close as possible, and it their exclusion from the assembly cannot be view-
seems to have been with this view that Aristotle ed in this light for, had they possessed the privi-
;
ments. Whether Spartan institutions in their es- secondly, on the field of battle he always server
sential parts were the creation of a single master- among the hoplites; thirdly, he participated in thi
mind, or the result of circumstances modified only Spartan education, and in all other Dorian institn.
by the genius of Lycurgus, their design was evi- tions, both civil and religious. The reluctant.-
dently to unite the governing body among them- which Sparta showed to admit foreigners was prr
selves against the superior numbers of the subject portioned to the value of these privileges indeee :
population. The division of lands, the syssitia, the Herodotus 1 says that Sparta had only conferred th
education of their youth, all tended to this great full franchise in two instances. In legal rights al
object. The most important thing, next to union Spartans were equal but there were yet several ;
among themselves, was to divide the subject class, gradations, which, when once formed, retained then
and, accordingly, we find the government confer- hold on the aristocratic feelings cf the people.
1
ring some of the rights of citizenship on the Helots. First, as we should naturally expect, there was the
Properly speaking, the Helots cannot be said to have dignity of the Heraclide families and, connected ;
had any political rights yet, being serfs of the soil, with this, a certain pre-eminence of the Hyllean
;
they were not absolutely under the control of their tribe. Another distinction was that between the
masters, and were never sold out of the country opotoi and t>7ro//efoi>cf, which in later times appears
even by the state itself. Their condition was not to have been considerable. The latter term proba-
one of hopeless servitude a legal way was open bly comprehended those citizens who, from degen-
;
to them, by which, through many intermediate sta- eracy of manners or other causes, had undergone
8
ges, they might attain to liberty and citizenship. some kind of civil degradation. To these the ofioioi
Those who followed their masters to war were were opposed, although it is not certain in what the
deemed worthy of especial confidence indeed, precise difference consisted. It need hardly be add-
;
when they served among the heavy-armed, it seems ed, that at Sparta, as elsewhere, the union of wealth
to have been usual to give them their liberty. The with birth always gave a sort of adventitious rank
dsanoaiovavTai, by whom the Spartan fleet was al- to its possessor.
most entirely manned, were freedmen, who were All the Spartan citizens were included in the
allowed to dwell where they pleased, and probably three tribes, Hylleans, Dymanes or Dymanatne, and
had a portion of land allotted them by the state. Pamphilians, each of which were divided into ten
After they had been in possession of their liberty obes or phratries. Under these obes there must
for some time, they appear to have been called vso- undoubtedly have been contained some lesser sub-
dafiudeif, the number of whom soon came near to division, which Muller, with great probability, sup-
3
that of the citizens. The fiodavee or poOciKef (as poses to have been termed rpm/ca? The citizens .
their name implies) were also emancipated Helots of Sparta, as of most oligarchical states, were land-
;
their descendants, too, must have received the owners, although this does not seem to have been
rights of citizenship, as Callicratidas, Lysander, and looked upon as an essential of citizenship.
Gylippus were of Mothacic origin.* cannot We
It would exceed the limits of this work to give
suppose that they passed necessarily and of course an account of the Grecian constitutions, except ."so
into the full Spartan franchise it is much more far as may illustrate the rights of citizenship. Wl at
;
probable that at Sparta, as at Athens, intermarriage perversions in the form of government, accord: -ig
with citizens might at last entirely obliterate the to Greek ideas, were sufficient to destroy the < s-
badge of former servitude. sential notion of a citizen, is a question which, fal-
The perioeci are not to be considered as a sub- lowing Aristotle's example,* we may be content '.o
ject class, but rather as a distinct people, separa- leave undecided. He who, being personally fire,
ted by their customs as well as
by their origin from enjoyed the fullest political privileges, participated
the genuine Spartans. It seems unlikely that they in the assembly and courts of judicature, was e i-
were admitted to vote in the Spartan assembly gible to the highest offices, and received all this 1 y
;
yet they undoubtedly possessed civil rights in the inheritance from his ancestors, most entirely satis-
communities to which they belonged,* and which fied the idea which the Greeks expressed in the
would hardly have been called TroAetf unless they WOrd TToAiT^f.
had been in some sense independent bodies. In CPVITAS (ROMAN). Civitas means the whole
the army they commonly served as
hoplites, and body of cives or members of any given state. It ia
we find the command at sea intrusted to one of this defined by Cicero* to be " concilium ccetusque hom-
rights, the perioeci inumywre sociati." A ci vitas is, therefore, properly
6
class. In respect of political
were in the same condition with the plebeians in a political community, sovereign and independent.
the early history of Rome, although in
every other The word civitas is frequently used by the Roman
respect far better off, as they participated in the di- writers to express the rights of a Roman citizen, as
vision of lands, and enjoyed the exclusive
privilege distinguished from those of other persons not Ro-
of engaging in trade and commerce. man citizens, as in the phrases dare civitatem, rfowo-
What confirms the view here taken is the fact re civitate, usurpare civitatcm.
that, as far as we know, no individual of this class If we attempt to distinguish the members of any
was ever raised to participate in Spartan privileges. given civitas from all other people in the world, we
Nothing, however, can be more erroneous than can only do it by enumerating all the rights and
duties of a member of this civitas, which are not
1. (Pol., vii., 4. Nic. Eth., ix., 10.) 2. (Miiller, Dorians,
iai., 3, <> 5.) 3.(Thucyd., vii., 58.) 4. (Muller, Dorians, ii., 1. c 5, <)".)
3, (ix., 35.) 2. (Muller, Dorians, iii. 3. (Pol., ia
k 6.) 5. (Miiller, Dorians, iii., 2, 6.
t> 4.) (Thucyd., viii., 22.) 5.) 4. (Somn. Scip., c. 3.)
260
C1VITAS. CIVITAS.
nghts and duties of a person who is not a member hereditas was not included in the testamenti factiv,
of this civitas. If any rights and duties which be- for the legitima hereditas presupposed agnatio, and
long to a member of this civitas, and do not belong agnatio presupposed connubium.
to any person not a member of this civitas, are According to Savigny, the notion of civis and
omitted in the enumeration, it is an incomplete civitas had its origin in the union of the patricii and
enumeration for the rights and duties not express-
;
the plebes as one state. The peregrinitas, in the
ly included must be assumed as common to the sense above stated, originated in the conquest of a
members of this civitas and to all the world. Hav- state by the Romans, when the conquered state did
ing enumerated all the characteristics of the mem- not obtain the civitas; and he conjectures that the
bers of any given civitas, we have then to show notion of peregrinitas was applied originally to all
how a man acquires them, and the notion of a citizens of foreign states who had a fcedus with
member of such civitas is then complete. Rome.
Some members of a political community (cives) The rights of a Roman citizen were acquired in
may have more political rights than1 others ; a prin- several ways, but most commonly by a person being
ciple by the aid of which Savigny has expressed born of parents who were Roman citizens. pa- A
briefly and clearly the distinction between the two ter familias, a filius familias, a mater familias, and
great classes of Roman citizens under the Repub- filia familias, were all Roman citizens,
though the
" In the free
lic :
Republic there were two classes first only was sui juris, and the rest were not If a
of Roman citizens, one that had, and another that Roman citizen married a Latina or a peregrina, be-
had not, a share in the sovereign power (optima lieving her to be a Roman citizen, and begot a child,
jure, non optimo jure ewes). That which peculiarly this child was not in the power of his father, be-
distinguished the higher class was the right to vote cause it was not a Roman citizen ; but the child
in a tribe, and the capacity of enjoying magistracy was either a Latinus or a peregrinus, according to
(suffragium et honores)." According to this view, the condition of his mother and no child followeo ;
the jus civitatis comprehended that which the Ro- the condition of his father unless there was connu-
mans called jus publicum, and also, and most par- bium between his father and mother. By a sena-
ticularly, that which they called jus privatum. The tus consultum, the parents were allowed to prove
jus privatum comprehended the jus connubii and their mistake (causam crroris probare) and, on this ;
jus commercii, and those who had not these had being done, both the mother and the child became
no citizenship. Those who had the jus suffra- Roman citizens, and, as a consequence, the son
giorum and jus honorum had the complete citizen- was in the power of the father. 1 Other cases rela-
ship, or, in other words, they were optimo jure ting to the matter, called causae probatio, are stated
8
eives. Those who had the privatum, but not the by Gaius, from which it appears that the facilities
publicum jus, were citizens, though citizens of an for obtaining the Roman civitas were gradually ex-
inferior class. The jus privatumseems to be equiv- tended.*
alent to the jus Quiritium, and the civitas Romana A slave might obtain the civitas by manuirrs-
fco the jus publicum. Accordingly, we sometimes sion (vindicta), by the census, and by a testan*>n
find the j'.is Quiritium
contrasted with the Romana turn, if there was no legal impediment but it do- ;
civitas. 8 Livy* says that, until B.C. 188, the For- pended on circumstances, as already stated, wheth-
tniani, Fundani, and Arpinates had the civitas with- er he became a civis Romanus, a Latinus, or in
out the suffragium. the number of the peregrini dediticii. (Vid. MAN-
Ulpian* has stated, with great clearness, a distinc- UMISSIO.)
tion, as existing in his time among the free persons The civitas could be conferred on a foreigner by
who were within the political limits of the Roman a lex, as in the case of Archias, who was a civis of
state, which it is of great importance to apprehend Heraclea, a civitas which had a fcedus with Rome,
clearly. The distinction probably existed in an and who claimed the civitas Romana under the pro-
early period of the Roman state, and certainly ob- visions of a lex of Silvanus and Carbo, B.C. 89.* By
tained in the time of Cicero. There were three the provisions of this lex, the person who chose to
classes of such persons, namely, cives, Latini, and take the benefit of it was required, within sixty
peregrini. Gaius* points to the same division where days after the passing of the lex, to signify to the
he says that a slave, when made free, might be- praetor his wish and consent to accept the civitas
come a civis Romanus or a Latinus, or might be in [profiteri). Cicero* speaks of the civitas being giv-
the number of the peregrini dediticii, according to n to all the Neapolitani ; and in the oration Pro
circumstances. Civis, according to Ulpian, is he Balbo* he alludes to the Julian lex (B.C. 90 by
who possesses the complete rights of a Roman citi- which the civitas was given to the socii and Latini ;
zen. Pcregrinus was incapable of exercising the and he remarks that a great number of the people
rights of commercium and connubium, which were of Heraclea and Neapolis made opposition to this
tho characteristic rights of a Roman citizen but ; measure, preferring their former relation to Rome
he had a capacity for making all kinds of contracts as civitates fcederatae (faderis sui libertatem) to
which were allowable by the jus gentium. The the Romana civitas. The lex of Silvanus and
Latinus was in an intermediate state he had not ;
3arbo seems to have been intended to supply a de-
the connubium, and, consequently, had not the iect in the Julia lex, and to give the civitas, under
natria potestas, nor rights of agnatio but he had the ;
certain limitations, to foreigners who were citizens
commercium, or the right of acquiring quiritarian of federate states (faederatis civitatibus adscript?).
ownership, and he had also a capacity for all acts Thus the great mass of the Italians obtained tht
incident to quiritarian ownership, as vindicatio, in :ivitas, and the privileges of the former civitates
]ure cessio, mancipatio, and testamenti factio, cederatae were extended to the provinces, first to
which last comprises the power of making a will in )art of Gaul, and then to Sicily, under the name of
Roman form, and of becoming heres under a will. Jus Latii or Latinitas. This Latinitas gave a man
These were the general capacities of a Latinus and he right of acquiring the Roman citizenship by
peregrinus but a Latinus or a peregrinus might
; mving exercised a magistratus in his own civi-
obtain by special favour certain rights which he had tas a privilege which belonged to the foederatae
;
not by virtue of his condition only. The legitima civitates of Italy before they obtained the Romaa
1. (Geschichte des Rom. Rechts im Mittelalter, c. ii., p. 22.) 1. (Gaius, i., 67.) 2. (i., 29, &c. ; i ., 66, &c.) 3. (See ata
2. (Plin., Ep., x., 4, 22 Ulp., Frag., tit. 3, 2.)
I) 3. (xxxviii., Jipian, Fragm., tit. 3, "De Latinis.") 4. (Cic., Pro Arch.
16.) 4. (Frag., tit. 5, Hi 10,$4; 20, $8; 11, 4 6.) 5 (i., 12.) 4.) 5. (Ep. ad Fam., xiii., 30.)--6. (c. 7.)
261
CLAVIS. CLAVIS
eivitas. probably also included the Latinitas of upon a knowledge of wnich custom the point of tn
It
Ulpian, that is, the commercium or individual privi- epigram in Martial* turns.
lege.
1 When a Roman woman first entered her hus-
With the establishment of the imperial power, band's house after marriage, the keys of the stores
the political rights of Roman citizens became in- were consigned to her. Hence, when a wife was
significant, and the commercium
and the more easy divorced, the keys were taken from her; 8 and when
acquisition of the rights of citizenship
were the she separated from her husband, she sent him back
only parts of the eivitas that were valuable. The
the keys.' The keys of the wine-cellar were, how-
constitution of Antoninus Caracalla, which gave the ever, not given to the wife, according to Pliny,* who
eivitas to all the Roman world, applied only to com- relates a story, upon the authority of Fabius I'ictor,
munities, and not to individuals its effect was to of a married woman being starved to death
;
by her
make all the cities in the empire municipia, and all relatives for having picked the lock of the closet in
Latini into cives. The distinction of cives and La- which the keys of the cellar were kept.
tini, from this time forward, only applied
to individ- The annexed woodcut represents a key found at
uals, namely, to freedmen and their children. The Pompeii, and now preserved in the Museum at Na-
peregrinitas, in like manner,
ceased to be applica- ples, the size of which indicates that it was used as
ble to communities, and only existed in the dedi- a door-key. The tongue, with an eye in it, which
ticii as a class of individuals. The legislation of projects from the extremity of the handle, served to
Justinian finally put an end to what remained of suspend it from the porter's waist.
this ancient division into classes, and the only di-
vision of persons was into subjects of the Cassar
and slaves.
The origin of the Latinitas of Ulpian is referred
by Savigny, by an ingenious conjecture, to the
year B.C. 209, when eighteen of the thirty Latin
colonies remained true to Rome in their struggle The expression sub clam esse* corresponds with
" to be under lock
against Hannibal, while twelve refused their aid. the English one, and key ;" but
The disloyal colonies were punished and it is a clavis is sometimes used by the Latin authors to
;
6
conjecture of Savigny, and, though only a conjec- signify the bolt it shoots.
ture, one supported by strong reasons, that the The city gates were locked by keys, like those
7
eighteen loyal colonies received the commercium of our own towns during the Middle Ages.
as the reward of their loyalty, and that they are the Another sort of key, or, rather, a key fitting an
origin of the Latinitas of Ulpian. This conjecture other sort of lock, which Plautus calls clavis Laco-
9
renders intelligible the passage in Cicero's oration, 8 nica, is supposed to have been used with locks which
in which he speaks of nexum and hereditas as the could only be opened from the inside, such as are
rights of the twelve (eighteen 1) colonies. stated to have been originally in use among the
The word eivitas is often used by the Roman Egyptians and Laconians (oi> yup, ufvvv, eicrbf qaav
1
writers to express any political community, as Civ- at /c/letdef, <iAA' evdov TO iraXaibv -nap
AtyvTm'otf,
9
ics Antiochiensium, &c. These are termed nheidla KPVTT ru by
KOI AaKwtrt ).
10
(Savigny, Zeitschrift, v., &c., Ueber die Entste- Aristophanes, because they were not visible on the
kimg, &c., der Latinitdt ; Heinecc., Syntagma, ed. outside, and in the singular, clausa clavis, by Vir-
Haubold, Epicrisis ; Rosshirt, Grundlinien des Rom. gil ;" but the reading in this passage is very doubt-
19
Rechts, Einleitung ; and md. BANISHMENT, and CA- ful. Other writers consider the nheidia Kpvnrd
PUT.) and claves Laconica to be false keys, such as we
now "
CLARIGA'TIO. (Vid. FETJALES.) call skeletons," and the Romans, in familiar
13
CLASSES. (Vid. CAPUT, COMITIA.) language, adulterince ; wherein consists the wit of
CLA'SSICUM. (Vid. COKNU.) the allusion in Ovid,
CLAVA'RIUM. (Vid. CLAVUS.) " Nomine cum
doceat, quid agamus, adultera clavis." 1 *
CLAVIS dim. ufaiSiov), a Key.
(/cJletf, The key The next woodcut
was used in very early times, and was probably represents one of two similar-
ly formed keys, which were discovered in Holland,
introduced into Greece from Egypt ; although Eu-
and published by Lipsius. 15 It has no handle to act
stathius 3 states that in early times all
fastenings as a lever, and, therefore, could not have been made
were made by chains, and that keys were compar-
atively of a much later invention, which invention
he attributes to the Laconians. Pliny* records the
name of Theodoras of Samos as the inventor, the
person to whom the art of fusing bronze and iron is
ascribed by Pausanias. (Vid. BRONZE, p. 178 )
We have no evidence regarding the materials of
which the Greeks made their keys, but
among the
Romans the larger and coarser sort were made
of iron. Those discovered at
Pompeii and else- for a lock with wards, which cannot be turned with-
where are mostly of bronze, which we may assume out a certain application of force but, by
inserting ;
to be of a better the thumb or forefinger into the ring, it would be am-
description, such as were kept by
the mistress (matrona) of the household. In ages ply sufficient to raise a latch or push back a bolt ;
still later, gold and even wood are and thus one sort, at least, of the keys termed Kpvn-
mentioned as
materials from which keys were made. 5
rai seems to be identified with the "" latch-keys" in
Among the Romans the key of the house was use among us for, when placed in the keyhole
;
ranean works, which served for prisons as well as plied. The ornamented head shows that it was
treasuries, like the one in which Danae is said to never intended to be driven by the hammer nor ;
have been confined, were called by the poets brazen would any part but the mere point, which alone is
chambers.* Two of these nails are represented in plain and round, have been inserted into any extra
the annexed woodcut, of two thirds the real size ;
neous material. It might possibly have been used
tbey consist of 88 parts of copper to 12 of tin. for the hair, in the manner represented in the wood-
cut on page 21.
Bronze nails were used in ship-building,* and to
ornament doors, as exhibited in those of the Pan-
theon at Rome in which case the head of the nail
;
The masonry of which it was constructed was Tod^ara neirapfieva Trvnvoig KOI, b^iaiv Jj'koir. Tho
studded with nails exactly similar in make and ma- men received a donative for the purpose of provi-
terial to those given above, upon which were
hung ding themselves with these necessaries, which was
valuable ornaments in gold and silver, entombed, thence called clavarium*
according to custom, with their deceased owner. CLAVUS ANNA'LIS. In the early ages of
Nails of this description were termed trabales and Rome, when letters were yet scarcely in use, the
taJrulares* by the Romans, because they were used, Romans
kept a reckoning of their years by driving
in building, to join the larger beams (trabes) together. a nail, on the ides of each
"
September, into the side
Hence the allusion of Cicero.* Ut hoc beneficium wall of the temple of Jupiter Optimus Maximus,
davo trabali figeret ;" and Horace arms Necessitas which ceremony was performed by the praetor Max-
with a nail of the same kind, 4 or of adamant, 6 imus.* In after ages this practice fell into disuse,
wherewith to rivet, as it were, irrevocably the de- though the ignorant peasantry seem to have retain-
crees of Fortune. Thus Atropos is represented in ed the custom, as a method of
marking dates, down
the subjoined woodcut, taken from a cup found at o a very late period. 4 Upon some occasions a dic-
tator was created to drive the nail but then it was ;
Penigia, npon which the story of Meleager and At- (Caylus, Recueil d'Antiq., torn, v., pl.96.) 2. (Veget.,iv.,
1.
7
alanta is imbodied, with a hammer in her right J4.) 3. (Bell. Jud.,VI., i., 7.) 4. (Tacit., Hist., iii., 50.) -5.
Festus, s. v. Clav. Annal. Liv.,vii., 3. Cic. ad Att., v., 15.)
1. (Paus., ii., 16, $ 5.) 2. (Hor., Carm., III., xvi., 1.) 3. 6. (Petron., c. 135} 7. (Liv., vii., 3; viii., 18; ix., 28.) 8
'*>etion , 75.) 4. (Verr., vi., 21.) 5. (Carm.,I.,xtxv., 18.) 6. Serv. ad Virg., ^n., v., 177.) 9. (x., 8.) 10. (^En., v., 176.)
id., III., xxiv., 5 ) 7. (Venniglioli, Antic. Inscria. di Perugia, 11. (Pro Sext., 9.) 12. (Compare Cic. ad Fam., ix., 15 )
tions of which would not have been constantly omit- nop<j>vpovv ueaolevKov,* is thus interpreted by Quin-
ted, if the clavus had been a thing of
substance ei- us Curtius,' " Purpurccs tunictz medium album intcx-
ther affixed to the dress or person. But if it form- um erat." In distinction to the angustus clavus, it
ed only a distinction of colour, without producing s termed purpura major,* purpura latiorf and the
any alteration in the form or mass of the material garment it decorated, tunica potens,* or
wherewith the garment was made, such as a mere
streak of purple interwoven in the fabric, or em- The tunica laticlavia was not fastened round the
broidered or sewed on it, it will be evident to any like the common tunic which is worn by the
in order that the
person conversant with the principles of art, that ;enturion (p. 231), but left loose,
the sculptor, who attends only to form and mass, slavus might lie flat and conspicuously over the
8
would never attempt to express the mere accidents best, which accounts for the allusion of Sylla,
of colour; an<J, consequently, that such a clavus ivhen he termed Julius Caesar male pracinctum jm-
would not be represented in sculpture. But in paint- rum ; for we are informed by Suetonius that" he
1
ing, which long survived the sister art, we do find .vas the cn.ly person ever known to wear a girdle to
examples in some works executed at a very late pe- lis laticlave.
nod, some of which are subsequently inserted, in It seems to be generally admitted that the latus
which an ornament like the clavus, such as it is im- clavus was not worn in childhood, that is, with the
3
plied to be by the words of Horace,
latum demisit oga praetexta but it is not so clear whether, du-
;
to have been repre- riiig the earlier ages of the Republic, it was assumed
pectore clavum, seems evidently
sented. with the toga virilis, or only upon admission into
The most satisfactory conclusion, therefore, seems the senate. Probably the practice was different at
10
to be, that the clavus was merely a band of purple different periods.
colour,* hence called lumen purpura,* either sewed The right of wearing the latus clavus was also
11
given to the children of equestrians, at least in the
7
to the dress* or interwoven in the fabric.
CLAVUS LATUS. The clavus worn by the Roman time of Augustus, as a prelude to entering the sen-
was of two fashions, one broad and the other nar- ate-house. This, however, was a matter of per-
row, denominated respectively clavus latus and cla- sonal indulgence, and not of individual right for it ;
vus angustus. 9 The vest which it distinguished was granted only to persons of very ancient family
18
properly and originally was the tunic (vid. TUNICA), and corresponding wealth,
and then by special
13
called therefore tunica laticlavia and tunica angusti- favour of the emperor. In such cases the latua
clavia ; g and hence the word clavus is sometimes clavus was assumed with the toga virilis, and worn
used separately to express the garment itself. 10 The until the age arrived at which the young equestrian
former was a distinctive badge of the senatorian was admissible into the senate, when it was relin
order,
11
and hence it is used to signify the senatorial quished and the angustus clavus resumed, if a dis-
12
dignity, and laticlavius for the person who enjoys inclination on his part, or any other circumstances.
it.
is
It consisted in a single broad band of purple prevented him from entering the senate, as was the
14
colour, extending perpendicularly from the neck case with Ovid :
down the centre of the tunic, in the manner repre- " Curia restabat clam mcnsura coacta est
; ;
sented in the annexed woodcut, which is copiec
Majus erat nostris mribus illud opus."
from a painting of Rome personified, formerly be-
But it seems that the latus clavus could be again
longing to the Barberini family, the execution of
which is of a very late period. resumed if the same individual subsequently wished
14
and hence a fickle charactei
The position of the band in the centre of the chesi to become a senator,
is designated as one who is always changing his
is Identified with the latus clavus, because ficaonop w
clavus :
xi., 3, 138.) 9. (Jul., 45.) 10. (Compare Suet., Octav., 38, 944
11. (Ovid, Trist., IV., x., 29.) 12. (Stat., Sylv., iv., 8, 59.-
Dig. 24, tit. 1, s. 42.) 13. (Suet., Vesp., 2. Tarit., Ann., xvi.
(Acro.,1. c. Ovid, Tnst., IV., x., 35. 17. Plin., Epist., ii., 9.) 14. (Compare Trist., IV., x , 27, will
Vesj; , 2, 4.) 13. (Suet., Octav.. 38.; 35 > 15. (Hor., Sat., I., vi., 25.) 16. (Tlor , Sat, II
, vii., 10
264
CLAVUS ANlrUSTUS. CLERUCJil.
nic girt at the waist, is also evident from the pas- as has been stated, were sometimes honoured by
10
sages of Statins ana Quinctilian already cited. permission to wear the latus clavus at an early age,
There is, moreover, icason for supposing that the
they were obliged to lay it aside if they did not en-
angustus clavus consisted in two narrow stripes ter the senate when the appointed time arrived,
instead of one broad one for it is observed
;
that
which obligation appears to have been lost sight of
the word clavus is always used in the singular for some time after the
Augustan period for it is ;
1. (Tertull., De Pall., c. 4.) 2. (Sil. Ital., iii., 27.) 3. the case of the barbarian, it wore no appearance of
(Mart.. En., IV., xlvi., 17. Petron., 32.) 4. (Amm. Marcell.,
XVr., viii., 8.15. (Plin., It. N., ix., 63.)-6. (Plin., H. N., 1. (Paterc., ii., 88. Lamprid., Alex. Sev., 27.) 2. (1. c.) 3
rcxiii., 7.) 7. (Liv., ix., 7.) 8. (Stat., Sylv., V., ii., 18.) 9. (iv., 7.) 4. (Dioscor., 1. c Bilierbeck, Flora Classica, p. 60 )
(Id., IV., v., 42.) 10. (XL, iii., 138.) 11. (Osservazioni sopra 5. (H. N.. xxi., 27. Apul., De Herb , 58.) 6. (Bilierbeck, l.c J
alf.un Frammenti di Vasi antichi di Vetro, Tav. xxix., fig 1.) 7. (Bilierbeck, 1. c I 9 CHeiod., v., 77.)
265
CLERUCHI. CLETERES.
harshness. Such a system, however, was more dependant on the mother It seems impossl.
state.
rare between Greek and Greek. Yet the rians, D ble to define accurately when
the isopolite relation
in their conquest of the Peloponnese, and still more with Athens may have ceased, although such case!"
remarkably in the subjugation of Messenia, had set undoubtedly occurred.
an example. In what, then, did the Athenian K%n- Aquestion has been raised as to whether tin
of territory, or from K^Tjpovxoi were among the Athenian tributaiies
povxiat differ from this division
the ancient colonies 1 In the first place, the name, Probably this depended a good deal upon the pros-
in its technical sense, was of later date, and the perity of the colony. We
cannot conceive that col-
Greek would not have spoken of the Khrjpovx'iai of onies which were established as military outposts,
of the " Agra-
Lycurgus, any more than the Roman in otherwise unfavourable situations, would beai
ri?Ji laws" of Romulus or Ancus. Secondly, we such a burden at the same time, it seems improb-
:
should remember that the term was always used able that the state would unnecessarily forego the
with a reference to the original allotment as the : tribute which it had previously received, where the
lands were devised or transferred, and the idea of lands had formerly belonged to tributary allies.
the first division lost sight of, it would gradually It was to Pericles Athens was chiefly indebted
cease to be applied. The distinction, however, be- for the extension and permanence of her colonial
tween Kfypovx 01 an(l UKOIKOI was not merely one settlements. His principal object was to provide
of words, but of things. The only object of the for the redundancies of population, and raise the
earlier colonies was to relieve surplus population, poorer citizens to a fortune becoming the dignity of
or to provide a home for those whom internal quar- Athenian citizens. It was of this class of persons
rels had exiled from their country. Most usually the settlers were chiefly composed the state pro- ;
they originated in private enterprise, and became vided them with arms, and defrayed the expenses
independent of, and lost their interest in, the parent of their journey. The principle of division doubt-
state. On the other hand, it was essential to the less was, that all who wished to partake in the ad-
very notion of a K^povxta that it should be a public venture applied voluntarily ;
it was then determined
enterprise, and should always retain a connexion by lot who should or should not receive a share.
more or less intimate with Athens herself. The Sometimes they had a leader appointed, who, aftei
word Khripovxia, as Wachsmuth has well observed, death, received all the honours of the founder of a
conveys the notion of property to be expected and colony (oiKiarf/f).
formally appropriated ; whereas the U-OIKOI of an- The Cleruchiae were lost by the battle of JSgos-
cient times went out to conquer lands for them- potami, but partially restored on the revival of
selves, not to divide those which were already con- Athenian power. For a full account of them, see
quered. Wachsmuth, Historical Antiquities, 56, 6 ; Bockh,
The connexion with the parent state subsisted, Public Econ. of Athens, iii., 18 and the references
;
as has just been hinted, in all degrees. Sometimes, in Herman's Manual, vi., 117.
as in the case of Lesbos, 1 the holders of land did CLETE'RES or CLET'ORES (/c^rr/pec or /cAi}-
not reside upon their estates, but let them to the ropcf). The Athenian summoners were not official
original inhabitants, while themselves remained at persons, but merely witnesses to the prosecutoi
Athens. The
condition of these /cA^povgoi did not that he had served the defendant with a notice of
differ from that of Athenian citizens who had es- the action brought against him, and the day uporx
tates in Attica. All their political rights they not which it would be requisite for him to appear before
only retained, but exercised as Athenians in the ;
the proper magistrate, in order that the first exam-
capacity of landholders of Lesbos they could scarce- ination of the case might commence. 1 In Aris-
tophanes we read of one summoner only being
8
ly have been recognised by the state, or have borne
any corporate relation to it. Another case was employed, but two are generally mentioned by the
where the K^jjpovxoi resided on their estates, and orators as the usual number. 8 The names of
either with or without the old inhabitants, formed the summoners were subscribed to the declara-
a new community. These still retained the rights tion or bill of the prosecutor, and were, of course,
of Athenian citizens, which distance only precluded essential to the validity of all proceedings founded
them from exercising they used the Athenian
:
upon it. What has been hitherto stated applies in
courts ; and if they or their children wished to re- general to all causes, whether dinai or ypa<j>ai but :
turn to Athens, naturally and of course they re- in some which commenced with an information laid
gained the exercise of their former privileges. Of before magistrates, and an arrest of the accused ; n
this we have the most positive proof: 2 as the sole consequence (as in the case of an evdeit-i or elaay-
object of these K?iripovxiai was to form outposts for yehia), there would be no occasion for a summons v
the defence of Athenian commerce, it was the in- nor, of course, witnesses to its service. In the
terest of the parent state to unite them by a tie as evdvvai and doKifj.aatat also, when held at the reg
kindly as possible ; and it cannot be supposed that ular times, no summons was issued, as the persons
individuals would have been found to risk, in a whose character might be affected by an accusation
doubtful enterprise, the rights of Athenian citi- were necessarily present, or presumed to be so but ;
zens. if the prosecutor had let the proper day pass, and
Sometimes, however, the connexion might grad- proposed to hold a special evdvvr} at any other time
ually dissolve, and the K^ripovxot sink into the con- during the year in which the defendant was liable
dition of mere allies, or separate wholly from the to be called to account for his conduct in office
mother-country. In ^Egina, Scione, Potidaea, and (viTEvdwof), the agency of summoners was as re-
other places, where the original community was quisite as in any other case. Of the doKt/taaiaL,
done away, the colonists were most completely that of the orators alone had no fixed time ; but
under the control of Athens. Where the old in- the first step in the cause was not the usual legal
habitants were left unmolested, we may conceive summons (Trpocr/c^aif), but an announcement from
their admixture to have had a twofold effect either : the prosecutor to the accused in the assembly of
the new-comers would make common cause with the people. 4
them, and thus would arise the alienation alluded In the event of persons subscribing themselves
to above, or jealousy and dread of the ancient in- falsely as summoners, they exposed themselves tfl
habitants might make the colonists more entirely
1. (Harpocrat.) 2. (Nubes, 1246. Vesp., 1408.) 3 (D
1. (Thucyd., iii., 50.) 2. (Vid. Bockh, Pub. Econ., vol. ii., p. mosth., c. Njcost., 1251, 5. Pro Coron., 244,4. c. Boect., 1017
76, transl.) l.
(Meier, Alt. Process, 212, 575.)
266
CLIENS. GLIENS.
n action (^evJo/c/lvretaf) at tLe suit of the party lies to have many clients, and to add to the numbet
CUBAN A'llII. (Vid. CATAPHRACTI.) nies, and the states connected with Rome by alh
CLIENS is said to contain the same element as ance and friendship, and the conquered states, had
the verb cluerc, to "hear" or "obey," and is accord- their patrons at Rome and the senate frequently
;
ingly compared by Niebuhr with the German word referred the disputes between such states to theu
"a
haeriger, dependant." patrons, and abided by their decision
In the time of Cicero, we find patronus in the The value of this passage consists in its contain-
sense of adviser, advocate, or defender, opposed to ing a tolerably intelligible statement, whether true
cliens in the sense of the person defended, or the or false, of the relation of a patron and client.
consultor and this use of the word must be refer-
;
What persons actually composed the body of cli
red, as we shall see, to the original character of the ents, or what was the real historical origin of the
patronus.
l
The relation of a master to his libera- clientela, is immaterial for the purpose of under-
ted slave (libertus) was expressed by the word pa- standing what it was. It is clear that Dionysius
tronus, and the libertus was the cliens of his pa- understood the Roman state as originally consisting
tronus. Any Roman citizen who wanted a protec- of patricii and plebeii, and he has said that tho cli-
tor might attach himself to a patronus, and would ents were the plebs. Now it appears, from hiz own .
thenceforward be a Distinguished Romans writings and from Livy, that there were clientes
cliens.
were also sometimes the patroni of states and cit- who were not the plebs, or, in other words, clientes
ies, which were in a certain relation of subjection and plebs were not convertible terms. This pas-
or friendship to Rome and in this respect they sage, then, may have little historical value as ex-
;
may be compared to colonial agents, or persons plaining the origin of the clients and the state- ;
among us who are employed to look after the inter- ment of the clientela being voluntary is improba-
ests of the mother-country, except that among the ble. Still something may be extracted from the
Romans such services were never remunerated di- passage, though it is impossible to reconcile it alto-
rectly, though there might be an indirect remuner- gether with all other evidence. The clients were
ation.* This relationship between patronus and not servi they had property of their own, and free-
:
cliens was indicated by the word clientela, 3 which dom (libertas). Consistently with this passage, they
also expressed the whole body of a man's clients. 4 might be Roman citizens, enjoying only the com-
In the Greek writers on Roman history, patronus mercium and connubium, but not the fmffragium and
is represented by Trpoorarj/f, and cliens by irehdTTjg. honores, which belonged to their patroni. (Vid.
The clientela, but in a different form, existed as CIVITAS.) It would also be consistent with the state-
far back as the records or traditions of Roman his- ment of Dionysius, that there were free men in the
tory extend and the following is a brief notice of
; state who were not patricii, and did not choose to
its origin and character, as stated by Dionysius, 5 in be clientes ;
but if such persons existed in the ear-
which the writer's terms are kept : liest period of the Roman state, they must have la-
Romulus gave to the EVKarpifiai the care of reli- boured under great civil disabilities, and this, also,
gion, the honores (upxew), the administration of jus- is not inconsistent with the testimony of history, nor
tice, and the administration of thestate. The dtj- is it improbable. Such a body, if it existed, must
fioTLKoi in the preceding chapter, he has ex-
(whom, have been powerless but such a body might in
;
plained to be the irtydeioi) had none of these privi- various ways increase in numbers and wealth, and
leges, and they were also poor husbandry and the ; grow up into an estate, such as the plebs afterward
necessary arts of life were their occupation. Rom- was. The body of clientes might include freedmen,
ulus thus intrusted the drjjtoTiKoi to the safe keeping as it certainly did but it seems an assumption of
:
of the TrarpiKiot. (who are the evirarpidai), and per- what requires proof to infer (as Niebuhr does) that,
mitted each of them to choose his patron. This re- because a patronus could put hisfreedman to death,
lationship between the patron and the client was he could do the same to a client for this involves;
called, says Dionysius, patronia.* a tacit assumption that the clients were originally
The relative rights and duties of patrons and cli- slaves ;
and this may be true, but it is not known.
ents were, according to Dionysius, the following : Besides, it cannot be true that a patron had the
The patron was the legal adviser of the cliens ; power of life and death over his freedman, who
he was the client's guardian and protector, as he had obtained the civitas, any more than he had
was the guardian and protector of his own children ;
over an emancipated son. The body of clier. ?s
he maintained the client's suit when he was wrong- might, consistently with all that we know, contain
ed, and defended him when another complained of peregrini, who had no privileges at all and it ;
penalty in which he was condemned; he bore a sumed) inability of such persons to sue in their own
part of the patron's expenses incurred by his dis- name in the early ages of Rome. ( Vid. BANISHMENT. )
charging public duties, or filling the honourable pla- The relation of the patronus to the cliens, as rep-
ces in the state. Neither party could accuse the resented by Dionysius, has an analogy to the patria
other, or bear testimony against the other, or give potestas, and the form of the word patronus is con-
his vote against the other. This relationship be- sistent with this.
tween patron and client subsisted for many genera- It is stated by Niebuhr, that "if a client died
tions, and resembled in all respects the relation- without heirs, his patron inherited and this law ;
ship by blood. It was the glory of illustrious fami- extended to the case of freedmen the power of the ;
But if a cliens died with heirs, could he make a Greeks ap^ Romans, which was originally of a cn
K\\\ and if he died without heirs, could he not dis-
1 cular form, and is said to have been first used by
1
if he could not Proetus and Acrisius of Argos, and therefore is
pose of his property by will and
1
9
make, or did not make a will, and had heirs, who called clipcus Argolicus, and likened to the sun
3
must they be 1 must they be sui heredes ? had he a (Compare, also, aanida Ttdvroa' i-tanv, aamdae EV
familia, and, consequently, agnati 1 (vid. COGNATI) KVKTiov^.*) But the clipeus is often represented in
had he, in fact, that connubium, by virtue of which Roman sculpture of an oblong oval, which makes
he could acquire the patria potestas? He might the distinction between the common buckler and
have all this consistently with the statement of Di- that of Argos.
onysius, and yet be a citizen
non optima jure ; for was sometimes made of osiers twisted togeth-
It
he had not the honores and the other distinguishing and therefore is called hea,* or of wood. The
er,*
early period of its existence, which was neither pa- woodcut, from the column of Trajan. A spike, or
trician nor client, and a body which once did not, some other prominent excrescence, was sometimes
but ultimately did, participate in the sovereign pow- placed upon the fyt^a/lo?, which was called the
er but our knowledge of the true status of the an-
:
Admitting a distinction between the plebs and the quently discontinued in consequence of its great in
old clientes to be fully established, there is still room convenience (vid. BALTEUS, p. 133), and the follow-
for careful investigation as to the real status of the
ing method was adopted in its stead band of : A
clientes, and of the composition of the Roman state metal, wood, or leather, termed ttavuv, was placed
before the estate of the plebs was made equal to that across the inside from rim to rim, like the diameter
of the patricians. of a circle, to which were affixed a number of small
This question is involved in almost inextricable iron bars, crossing each other somewhat in the
and elements must enter into the inves-
perplexity, form of the letter X, which met the arm below the
tigation which have hitherto hardly been noticed. inner bend of the elbow joint, and served to steady
Any attempt to discuss this question must be pre- the orb. This apparatus, which is said to have
faced or followed by an apology. been invented by the Carians, 13 was termed d%avov
CLIENTE'LA. (Vid. CLIENS.) or oxavrj. Around the inner edge ran a leather
CLI'MAX. (Vid. TORMENTUM.) thong (TropTraf), fixed by nails at certain distances,
*'JLINOPODTUM (KfavoTTodtav), a plant deriving so that it formed a succession of loops all round,
its i.ame from the resemblance which its round flow- which the soldier grasped with his hand (k^Ba^uv
er bears to the foot of a couch (K^ivrj, " a couch," 1
The annexed woodcut,
" a TropiraKi yevvaiav ;^pa *).
and novf, -66og, It is most probably the which shows the whole
foot.") apparatus, will render this
Clinopodium vulgare, or Field Basil, as Bauhin and account intelligible. It is taken from one of the
others think. According to Prosper Alpir.us, how- terra cotta vases published by Tischbein. 1 *
ever, it is the same as the Satureia Grceca. Sib-
1. 2. (Virg., JEn., iii., 637.) 3. (Horn ,
thorp found it on the mountains of Greece and in
(Paus., ii.,25, 6.)
3 II., iii., 347 ; v., 453.) 4. (II., x'iv., 428 ) 5. (Virg., -Sin., vii.,
the island of Crete. 632; viii., 625.) 6. (Eurip., Supp., 697. Troad, 1201. Cy-
CLI'PEUS (acrm'c), the large shield worn by the clops, 7.) 7. (Virg., .En., xii., 925.) 8. (Horn., II., xn., 295.
The Cloaca Maxima formed by Tarquin extended small lamprey. 8 In modern ichthyology, the name
only from the Forum to the river,
but was subse- has been assigned by Linnaeus to the wholr
of which Clupea
luently continued as far up as the Subura,
9
herring family.
"iranch some vestiges were discovered in the year CNAPHOS (/cvttyof). (Vid. TORMENTUM.)
1742. 8 This was the crypta Subura to which Juve- *CNEO'RUM (Kvsupov), according to Stackhouse
lal refers.' and Sprengel, the Daphne Cneorum. Galen makes
The expense of cleansing and repairing these it the same with the nvfiarpov of Hippocrates. Two
tloacce was, of course, very great, and was defrayed kinds are mentioned by the ancient writers, the
assessment
,artly by the treasury, and partly by an white and black, of which the former was the more
called doacarium.' Under the Republic, the ad- remarkable for its perfume. The Cneorum is the
1
KAO1IHS AIKH (K^OTTT^ diKij), the civil action Benedicts, but which the commentator
on Mesue.
br theft, was brought in the usual manner before a the translator of Avicenna, Dodonaeus, Allston,
and
10
liaetetes or a court, the latter of which Meier in-
10
23, s.2.)-9. (Plin.. Epist., x., 41.)
vol. x., p. 434.)-10. (Theophrast., H. ., 1., ;
Siprengel, concur in setting down for the Carthamus Githago. Its English name, Corn-Cockle, is evi-
1
linctorius, or Bastard Saffron. dently derived frcm the ancient appellation, as Ad-
*CNIDE (nvidri'). (Vid. ACALEPHE.) ams remarks. 1
*CNIPS or SCNIPS (icvty, envty), a numerous *COCCUM, or COCCI GRANUM, a name given
genus of insects, which prey upon the leaves of by the ancients to what they conceived to be a upe-
trees. They form the Aphis, L. The Cnips is of- cies of grain, producing a bright scarlet or crimson
ten confounded with the Kuvutp* colour, but which modern naturalists have discov-
*CNIPOL'OGUS (KviTToMyotf, the name of a ered to be a kind of insect (kermes). The Quercut
3
bird briefly noticed by Aristotle. According to cocci/era is the tree that principally engenders them,
Gesner, it is the white Wagtail, or Motacilla alba. and it is from their name (coccum, coccus) that the
Aristotle describes it as of an ashy colour (airodoei- term cochineal has been derived. The coccus of the
6fic.\ and marked with spots (/ccracm/croc), and as ancients came from Portugal, Sardinia, Asia Minor,
8
having a little cry (tyuveZ 6e fiiKpov). This account and Africa.
suits very well the Motacilla A., and its cry of guit, *COCCYG'EA (KOKKvyea), a species of plant men-
guit. It is ranked by the Greek naturalists among tioned by Theophrastus, and which, according to
the aKviKoQaya, and the Motacilla, it is well known, Schneider, has been generally taken for the Rhus
makes as much havoc among flies, gnats, and small- cotinus, L. It appears from Sibthorp that the mod-
4 ern Greeks make a flame-red colour from it. 3
er insects as either the fly-catchers or swallows.
COA VESTIS, the Coan robe, is mentioned by *COCCYME'LEA (KOKKV^EO), a kind of Plum.
various Latin authors, but most frequently and dis- Isidorus says,
"
Coccymela, quam Latini ob colorcm
tinctly by the poets of the Augustan age.
5
From prunum vacant, cujus generis Damascena melior."
their expressions we learn that it had a great de- Sprengel refers that of Dioscorides to the Prunus
gree of transparency, that it was remarkably fine, insiticia, or Bullace-tree, a well-known species of
that it was chiefly worn by women of loose reputa- plum. Sibthorp's authority is in favour of the Pru-
tion, and that it was sometimes dyed purple and en- nus domestica. The Damask plums, or ra Kara T?JV
riched with stripes of gold. It has been supposed &afj,aaKTjv6v, of Galen, are much commended by an-
to have been made of silk, because in Cos silk was cient authors.*
spun and woven at a very early period, so as to ob- *COCCYX (KOKKvi;). I. The Cuckoo, or Cuculus
tain a high celebrity for the manufactures of that canorus. Its history is correctly given by Aristo-
Island.' The annexed woodcut is from a painting tle. 5 " If we consult the ancients, and even some
modern we shall "
naturalists," observes Griffith,
find stories of the greatest absurdity connected
with the name of the cuckoo. It would seem that
everything the most monstrous in fable, or the most
odious and criminal in the history of mankind, had
been carefully sought out, and attributed to these
inoffensive birds and this, because men could not
:
1. (The >phrast., i., 13; vi., 4. Dioscor., iv.,187. Adams, 1. (Myrepsus, iv., 2. Adams, Append., s. v.) 2. (Theo-
Append., s. v.) 2. (Theophrast., II. P., iv., 7. Adams, Append., phrast., H. P., iii., 16. Dioscor., iv., 48. Plin., H. N., xvi., 13.)
3. (H. A., 4. Griffith's Cuvier, vol. (Theo-
. v.) viii., 5.) (Compare 3. (Theophrast., hi., 16. Adams, Append., s. v.) 4.
Tii.,p. 52.) (Tibull., ii.,4; ii., 6.
5.
Propert., i., 2 ; ii., 1 ; iv., phrast., i., 11. Dioscor., i., 174. Geopon., x., 73. Adams, Ap-
2; iv., 5. Hor., Carm., IV., xiii., 13. Sat., I., ii., 101. Ovid, pend., i. v.) 5. (Aristot., ix., 20.) 6. (Griffith's Cuvier, voL
Ars Am., ii., 298.) 6. (Aristotle, II. A., v., 19.) 7. (Mus. Bor- vii., p. 520.) 7. (Aristot., H. A., iv., 9. JSlian, N. A., *., 71
bonico, viii., 5.) 8. (Cic., Pro Rab. Post., 11.) 9. (Sat., I., vi., 8. (Harpocr., Morb. Mulier, 1 i-
Adams, Append., s. v.)
*5.> 10. (Cic., Pro Clueot 9 '.) 'Adams, Append., s. v.) 10. (H. N., ix., 56 )
271
COCHLEA. CODEX GREGORIANUS.
one of the Cyclades the smallest from Reate, in
;
same time and therefore it is recommended bj ;
the Sabine territory, and the largest from Illyria. Varro 1 as peculiarly adapted for an aviary, so that
The Romans also greatly esteemed the snails of Si- the person could go in and out without affording
cily, of the Balearic Isles, and
of the island of Ca- the birds an opportunity of flying away. Schneider,*
prea. They shut them up in sorts of warrens, and however, maintains that the cochlea in question was
fattened them there with cooked meat, flour, &c. nothing more than a portcullis (cataphracta) raised
It was Fulvius Hirpinus who first conceived the by a screw, which interpretation does not appear sc
idea of this, a short time previous to the civil war probable as the one given above.
between Pompey and Caesar. He carefully separa- CO'CHLEAR (Kox?Mipiov) was a kind (/ spoon
ted each species, and succeeded in obtaining indi- which appears to have terminated with a jwint a
viduals whose shells contained octoginta quadrantes, one end, and at the other was broad and h( ilow like
about ten quarts. All this history is taken from our own spoons. The pointed end was used foi
Pliny but there would appear to be some confu- drawing snails (cochlea) out of theii shells, and eat-
;
sion in it, especially with regard to the size produ- ing them, whence it derived its uame and the ;
ced by education for Varro, after whom he writes, broader part for eating eggs, &c. Martial* men-
1
;
says the same only concerning the African species, tions both these uses of the cochlear :
which naturally attained to these dimensions. It " Sum cochleis habilis nee sum minus utilis ovis."*
does not appear that this mode of educating snails
was practised for any great length of time, for Ma- Cochlear was also the name given to a small
crobius says nothing about it."* measure like our spoonful. According to Rhemni-
CO'CHLEA (KoxMag), which properly means a us Fannius, it was Jj- of the cyathus.
snail, was also used in several other significations. CODEX is identical with caudex, as Claudius and
I. It signified a screw, one of the mechanical Clodius, claustrum and clostrum, cauda and coda.
powers, so named from its spiral form, which re- Cato still used the form caudex in the same sense in
5
sembles the worming of a shell. The woodcut an- which afterward codex was used exclusively. 6 The
nexed represents a clothes-press, from a painting word originally signified the trunk or stem of a tree, 7
and was also applied to designate anything composed
of large pieces of wood, whence the small fishing
or ferry boats on the Tiber, which may originally
have been like the Indian canoes, or were construct-
ed of several roughly-hewn planks nailed together
in a rude and simple manner, were called naves cau-
dicaria, or codicariee, or caudicea* The surname of
Caudex given to Appius Claudius must be traced
to this signification. But the name codex was es-
pecially applied to wooden tablets bound together
and lined with a coat of wax, for the purpose ci
writing upon them and when, at a later age, parch-
;
reign of Constantino the Great, under whom it is The constitutions, as they appear in thia code,
generally assumed that he wrote. These codices have been in many cases altered by the compilers,
were not made by imperial authority, so far as and, consequently, in an historical point of view,
we know they were the work of private individu-
: the Code is not always trustworthy. This fact ap-
als, but apparently soon came to be considered as pears from a comparison of this code with the The-
authority in courts of justice, as is shown indirectly odosian code and the Novelise. The order of the
by the fact of the Theodosian and Justinian Codes subject matter in this Code corresponds, in a certain
eing formed on the model of the Codex Gregoria- way, with that in the Digest. Thus the seven
1
\us and Hermogenianus. parts into which the fifty books of the Digest are
CODEX JUSTINIANE'US. In February of the distributed, correspond to the first nine books of the
I
ear A.D. 528, Justinian appointed a commission, Code. The matter of the last three books of the
consisting of ten persons, to make a new collection Code is hardly treated of in the Digest. The mat-
of imperial constitutions. Among these ten were ter of the first book of the Digest is placed in the
Tribonianus, who was afterward employed on the first book of the Code, after the law relating to ec-
Digesta and the Institutiones, and Theophilus, a clesiastical matters, which, of course, is not con-
teacher of law at Constantinople. The commission tained in the Digest ; and the three following books
was directed to compile one code from those of of the first part of the Digest correspond to the
Gregorianus, Hermogenianus, and Theodosius, and second book of the Code. The following books of
also from the constitutions of Theodosius made the Code, the ninth included, correspond respective-
subsequently to his code, from those of his success- ly, in a general way, to the following parts of the
ors, and from the constitutions of Justinian himself. Digest. Some of the constitutions which were in
The instructions given to the commissioners em- the first edition of the Code, and are referred to in
powered them to omit unnecessary preambles, repe- the Institutiones, have been omitted in the second
8
titions, contradictions, and obsolete matter ; to ex- edition. Several constitutions, which have also
press the laws to be derived from the sources above been lost in the course of time, have beer. rivcred
mentioned in brief language, and to place them by Charondas, Cujacius, and Ccutias-, from the
under appropriate titles ; to add to, take from, or Greek version of them. For the editions of the
vary the words of the old constitutions, when it Code, see CORPUS JURIS.*
might be necessary, but to retain the order of time CODEX THEODOSIA'NUS. In the year 429,
in the several constitutions, by preserving the dates Theodosius II, commonly called Theodosius the
and the consuls' names, and also by arranging them Younger, appointed a commission, consisting of
under their several titles in the order of time. eight persons, to form into a code all the edicts and
The collection was to include rescripts and edicts, leges generales from the time of Constantine, and
as well as constitutiones properly so called. Four- according to the model of the Codex Gregorianus
teen months after the date of the commission, the and Hermogenianus (ad similitudinem Gregoriani et
code was completed and declared to ^be law, under Hermogeniani Codicis). In 435, the instructions
the title of the Justinianeus Codex ;
and it was de- were renewed or repeated but the commissioners
;
clared that the sources from which this code was were now sixteen in number. Antiochus was at
derive! were no longer to have any binding force, the head of both commissions. It seems, however,
and that the new code alone should be referred to to have been originally the design of the emperor,
as of legal authority.* not only to make a code which should be supple-
The Digest or Pandect, and the Institutiones, mentary to, and a continuation of, the Codex Gre-
were compiled after the publication of this code, gorianus and Hermogenianus, but also to complex
subsequently to which, fifty decisiones and some a work on Roman law from the classical jurists,
new constitutiones also were promulgated by the and the constitutions prior to those of Constantine.
emperor. This rendered a revision of the Code ne- However this may be, the first commission did
cessary ; and, accordingly, a commission for that not accomplish this, and what we now have is the
purpose was given to Tribonianus Dorotheus, a code which was compiled by the second commis-
distinguished teacher of law at Berytus in Phoeni- sion. This code was completed, and promulgated
cia, and three others. The new code was promul- as law in the Eastern Empire in 438, and declared
gated at Constantinople on the 16th of November, to be the substitute for all the constitutions made
534, and the use of the decisiones, the new consti- since the time of Constantine. In the same year
tutiones, nnd of the first edition of the Justinianeus (438) the Code was forwarded to Valentinian III.,
Codex, was forbidden. The second edition (secun- the son-in-law of Theodosius, by whom it was laid
da edito, repetitto pralectio, Codex repetitcR pralectio- before the Roman senate, and confirmed as law in
nis) is the code that we now possess, in twelve the Western Empire. Nine years later, Theodosi-
books, each of which is divided into titles. It is us forwarded to Valentinian his new constitutions
not known how many books the first edition con- (novella constitutiones'), which had been made since
tained. The constitutiones are arranged under the publication of the Code and these, also, wer?- ;
their several titles, in the order of time and with in the next year (448) promulgated as law in the
the names of the emperors by whom they were Western Empire. So long as a connexion existed
respectively made, and their dates. between the Eastern and Western Empires, that is,
The constitutions in this code do not go farther till the overthrow of the latter, the name Novelise
back than those of Hadrian, and those of the imme- was given to the constitutions subsequent to the
diate successors of Hadrian are few in number ; a Code of Theodosius. The latest of these Novelise
circumstance owing, in part, to the use made of that has come down to us is one of the time of Leo
(he earlier codes in the compilation of the Justinian and Anthemius, De Bonis Vacantibus, A.D. 468.
The Codex Theodosianus consists of sixteen
the greater part of which, as well as his No-
1 (Zimmern, Geschichte des Rdmischen Privatrechts,
.
Heidelb., books,
1 626. Hugo, Lehrbuch der Geschicht* des R8m. Rechts, Ber-
l n, 1832.
Frag. Cod. Greg, et Hermog., in Schilling's Juris- 1. (Comtit. de Emendatione Cod. Dom, Jistin.) 2. (Instil.
f^nidfintia Vet., <fcc., and in the Jus Civile Antejustin., BeroL, 2, tit. 20, s. 27; 4, tit. 6, s. 24.) 3. (Zimmeni, &o. Hugo, Lehr
H5.) 2. (Constit. de Justin. Cod. Connnaando.) buch der Getchichtc des Rom. Rechts, <fcc.) \
M M 273
CCENA. CCENA
complete form, except the first five books and the seem to fix the hour at about three or four o'clock
beginning of the sixth, for which it was necessary in the morning.* Bread, as we learn from the epi-
to use the epitome contained in the Breviarium (vid. gram just quoted, formed the substantial part of this)
3
BREVIARIUM). This is also the case with the edi- early breakfast, to which cheese, or dried fruit, 33
tion of this code contained in the Jus Civile Ante- dates and raisins,* was sometimes added. The
of a MS. of 5
jentaculum of Vitellius was doubtless of a more
justinianeum. But the recent discovery
the Breviarium at Milan by Clossius, and of a Pa- solid character but this was a case of monstrous
;
dosian Code differs in the main from that of the describing the manners of an oldfashioned person,
Code of Justinian, which treats of jus ecclesiasticum tie mentions no other meal but the cana. The fol-
13
in the beginning, while that of Theodosius in the lowing references seem to prove that luncheon
first book treats chiefly of offices
;
and the second, was a usual meal, although it cannot be supposed
hird, fourth, and beginning of the fifth book treat that there were many who, like Vitellius, could
.of jus privatum. The order here observed, as well avail themselves of all the various times which the
as in the Code which it professed to follow as a different fashions of the day allowed (" epulas trifa-
model, was the order of the praetorian edict, and of riam semper, interdum quadrifariam dispertiebat, in
the writers on the edict. The eighth book contains jentacula et prandia, et ccenas, comissationesque ; fa-
1
the laws as to gifts, the penalties of celibacy, and cile omnibus sufficient, vomitandi consuetudine" *). It
that relating to the jus liberorum. The ninth book would evidently be absurd, however, to lay down
begins with crimes. The laws relating to the uniform rules for matters of individual caprice, or
Christian Church are contained in the sixteenth of fashion at best.
and last book. It is obvious, from the circumstan- The prandium, called by Suetonius 15 cibus meridi-
ces under which the Theodosian and Justinian Codes anus, was usually taken about twelve or one
were compiled, and from a comparison of them, o'clock. 16 For the luxurious palate, as we gather
that the latter was greatly indebted to the former. incidentally from Horace's Satires, very different
The Theodosian Code was also the basis of the provision was made from what was described above
edict of Theodoric, king of the Ostrogoths ;
it was as his own simple repast. Fish was a requisite of
epitomized, with an interpretation, in the Visigoth the table :"
Lex Romana (vid. BREVIARIUM); and the Burgun- " Foris est
promus, et atrum
dian Lex Romana, commonly called Papiani Liber mare
Defendcns pisces hyemat ;'"
Responsorum, was founded upon it. to which the choicest wines, sweetened with the
CODICI'LLUS. (Vid. TESTAMENTUM.)
finest honey, were to be added :
COE'MPTIO. (Vid. MARRIAGE.)
" Nisi
CCENA. As the Roman meals are not always Hymettia mella Falerno
clearly distinguished, it will be convenient to treat Ne biberis diluta ;"
of under the most important one. The follow-
all which latter practice is condemned by the learned
ing article is designed to give a short account of the gastronomer,
18
who recommends a weaker mixture,
familiar day of the Romans. No one who remem- " Lent
bers the changes which custom has brought about prcEcordia mulso
Prolucris melius,"
in our own country during the last century, will
to finish with mulberries fresh
expect the same description of domestic manners and gravely advises
19
to apply to any considerable period of time. It will gathered in the morning.
suffice to take the ordinary life of the middle ranks The words of Festus, " ca.no. apud antiques dice-
of society in the Augustai. age, noticing incidental- batur quod nunc prandium," have given much trouble
ly the most remarkable deviations, either on the
side of primitive simplicity or of late refinement. 1. (De Re Cib., i., 4.) 2. (Mart., Epigr., xiv., 233 ; viii., 67,
The meal with which the Roman sometimes be- 9.) 3. (Apul., Met., i., p. 110, ed. Francof, 1621.) 4. (Suet.,
and answering to the Greek uKpariauof. Festus iii., 1.) 13. (Sen., Ep., 87. Cic.,Ep. ad Att., v., 1. Mart.,vi.
64.) 14. (Suet., Vit., 13.) 15. (Aug., 78.) 16. (Suet., Cal.,58
tells us that it was also called prandicula or silatum. 18. (Sit., II., iv., 26.)-
Claud., 34.) 17. (Sat., II., ii., 16.)
Though by no means uncommon, it does not appear 19. (Ibid., 21-23. Vid. Tale's Horace, 2d ed p 97-106.)
274
CCENA. CCENA
to the critics, perhaps needlessly, when we remem- supper, and acquired such ->ute among the Rorna*
ber the change of hours in our own country. If we gourmands as to be commonly sold for fifty denarii.
translate cocna, as, according to our notions, we ought Other birds are mentioned, as the duck (anas 1 ), es-
to do, by " dinner," they describe exactly the alter- pecially its head and breast ; the woodcock (atta
ation of our own manners during the last century. 3
gen), the turtle, and flamingo (phanicopterus '), th
The analogy of the Greek word deiirvov, which, ac- tongue of which, Martial tells us, especially com
cording to Athenaeus, was used in a similar way for mended the delicate palate. Of fish, the
itself to
upiorov, also affords assistance. Another meal, variety was perhaps still greater the charr (sca- :
termed mcrcnda, is mentioned by Isidore and Fes- rus), the turbot (rhombus), the sturgeon (acipenser\
tus, for which several refined distinctions are pro- the mullet (mullus), were highly prized, and dressed
posed but it is not certain that it really differed
;
in the most various fashions. In the banquet of
from the prandtum. Nasidienus, an eel is brought, garnished with prawns
The table, which was made of citron, maple- wood, swimming in the sauce. 3
Of solid meat, pork
or even of ivory, 1 was covered with a mantde, and seems to have been the favourite dish, especially
each of the different courses, sometimes amounting sucking-pig ;* the paps of a sow served up in milk
to seven,' served upon a ferculum or waiter. In (sumen*), the flitch of bacon (pctaso*), the womb of
the " munda supellex" of Horace, great care was a sow (vulva''), are all mentioned by Martial. Boar's
taken. flesh and venison were also in high repute, espe-
" Ne 8
ne sordida
turpe (oral, mappa cially the former, described by Juvenal as animal
Corruget nares ; ne non et cantharus et lanx propter convivia natum. Condiments were added to
Ostendat tibi te."* most of these dishes such were the muria, a kind
:
consisted of three courses &c., for the receipts of which we must again refer
first, the promulsis or
:
the reader to Catius's learned instructor. 10 Sever-
antecanaf called also gustatio* made up of all sorts al kinds of fungi 11 are mentioned, truffles (bolcti),
of stimulants to the appetite, such as those descri-
bed by Horace,
mushrooms (tuberes), which either made dishes by
" themselves, or formed the garniture for larger
Rapula, lactucce, radices, qualia lassum dishes.
Pervellunt stomachum, siser, alec, facula Coa." 7 It must not be supposed that the artistes of impe-
8
.Eggs also were so indispensable to the first course rial Rome were at all behind ourselves in the prep-
that they almost gave a name to it (ah ovo Usque ad aration and arrangements of the table. In a large
mala). In the promulsis of Trimalchio's supper 9 household, the functionaries to whom this important
probably designed as a satire on the Emperor Nero part of domestic economy was intrusted wei e four,
an ass of Corinthian brass is introduced, bearing the butler (promus), the cook (archimagirus), the
two panniers, one of white, the other of black ol- arranger of the dishes (structor), and the carvei
ives, covered with two large dishes inscribed with (carptor or scissor). Carving was taught as an art,
1*
Tumalchio's name. Next come dormice (glires) and, according to Petronius, performed to the sound
on small bridges sprinkled with poppy-seed and of music, with appropriate gesticulations,
honey, and hot sausages (tomacula) on a silver grid- " enim minima discrimine
Neque refcrt
iron (craticula), with Syrian prunes and pomegran- 1 *
Quo vultu lepores et quo gallina secctur."
ate berries underneath. These, however, were
In the supper of Petronius, a large round tray
imperial luxuries ; the frugality of Martial only al-
is brought in, with the signs
lowed of lettuce and Sicenian olives indeed, he (ferculum, repositorium)
;
of the zodiac figured all round it, upon each of which
himself tells us that the promulsis was a refinement
the artiste (structor) had placed some appropriate
of modern luxury. 10 Macrobius 11 has left an authen-
viand a goose on Aquarius a pair of scales, with
:
tic record of a ccena pontificum, 1 * given by Lentulus ;
(ttnblita),
whence the maker of them was called their fathers and elders reclined on couches at tht
1
libarius, &c. upper part of the room.
pistor dulciarius, placentarius,
We will now suppose the table spread and the Roman ladies continued the practice of sitting al
1
his mappa or napkin, even after the recumbent position had becoma
guests assembled, each with table,
and in his dinner-dress, called canatoria or cubitoria, common with the other sex. 8 It appears to have
4
usually of a bright colour,
and variegated with been considered more decent, and more agreeable
flowers. First they took off their shoes for fear of to the severity and purity of ancient manners, foi
3
soiling the couch, which
was often inlaid with women to sit, more especially if many persons were
ivory or tortoise-shell, and
covered with cloth of present. But, on the other hand, we find cases ol
gold. Next they lay down to eat,* the head rest- women reclining, where there was conceived to be
ing on the elbow, and supported by cushions.*
left nothing bold or indelicate in their posture. In some
There were on the
usually, but not always, three of the bas-reliefs, representing the visit of Bacchus
same couch,* the middle place being esteemed the to Icarus, Erigone, instead of sitting on the couch,
most honourable. Around the tables stood the ser- reclines upon it in the bosom of her father. In Ju-
7
vants (ministri), clothed in a tunic, and girt with venal 3 a bride reclines at the marriage-supper on
8
some removed the dishes and wiped the the bosom of her husband, which is illustrated by
napkins :
9
tables with a rough cloth (gausape ) others gave ;
the following woodcut, taken from Montfaucon.*
the guests water for their hands, or cooled the room
11
with fans. 10 Here stood an Eastern youth behind
his master's couch, ready to answer the noise of
13
the fingers (digiti crepitus ), while others bore a
large platter (mazonomum) of different kinds of meat
13
to the guests.
Whatever changes of fashion had taken place
1*
since primitive times, the co3na in Cicero's day
was at all events an evening meal. It was usual
to bathe about two o'clock and dine at three, hours
which seem to have been observed, at least by the
higher classes, long after the Augustan age.
1*
When
Juvenal mentions two o'clock as a dinner hour, he
evidently means a censure on the luxury of the per-
son named, 1 '
" Exul ab octavo, Marius bibit." It seems intended to represent a scene of perfeoi
matrimonial felicity. The husband and wife recline
In the banquet of Nasidienus, about the same hour
on a sofa of rich materials. A three-legged table in
is intended when Horace says to Fundanius,
" Nam mihi spread with viands before them. Their two sons
quarenti conmvam dictus here ilhc are in front of the sofa, one of them sitting, in the
De media potare die." manner above described, on a low stool, and play-
Horace and Maecenas used to dine at a late hour, ing with the dog. Several females and a boy are
about sunset. 17 Perhaps the various statements of performing a piece of music for the entertainment
classical authors upon this subject can only be rec- of the married pair.
onciled by supposing that with the Romans, as with Before lying down, the shoes or sandals were ta-
ourselves, there was a great variety of hours in the ken off, and this was commonly done by the attend-
different ranks of society. ants.* In all the ancient paintings and bas-reliefa
Dinner was set out in a room called ccenatio or illustrative of this subject, we see the guests recli-
diata (which two words perhaps conveyed to a Ro- ning with naked feet and in tLose which contain;
man ear nearly the same distinction as our dining- the favourite subject of the visit of Bacchus to Ica-
room and parlour). The ccenatio, in rich men's rus, we observe a faun performing for Bacchus this
18
houses, was fitted up with great magnificence. office. The following woodcut, taken from a terra
Suetonius 19 mentions a supper-room in the Golden
Palace of Nero, constructed like a theatre, with shift-
ing scenes to change with every course. The gar-
ret of the poor man was termed ccenaculum." In
the midst of the ccenatio were set three couches
(triclinia), answering in shape to the square', as the
long semicircular couches (sigmata) did to the oval
tables. An account of the disposition of the couch-
es, and of the place which each guest occupied, is
given in the article TRICLINIUM.
The Greeks and Romans were accustomed, in
later times, to recline at their meals though this ;
guest, at.d also that Bacchus has one ol his feet al- manus viri, which would, in effect, be passing mt
ready naked, while the faun is in the act of remo- another agnatio for a person could not at the same
;
ving the shoe from the other. time be an agnatus of two altogether different fam-
For an account of Greek meals, see the article ilies. Accordingly, adoption destroyed agnatio, and
DKIPNON. the emancipation of a son by his father took away
CCENA'CULUM. (Vid. CCENA.) all his rights of agnatio, and his former
agnati lost
CCENA'TIO. ( Vid. CCENA.) all their rights against him.
"
COGNA'TI. The following passage of Ulpiaa The patricians, as gentiles, gained what others
will serve as the best introduction to the meaning lost as agnati, and they kept as gentiles what they
of this term, while it shows on what occasions ques- themselves lost as agnati ; and this strict doctrine
tions involving cognatio and agnatio arose : of the complete loss of the agnatio appears, there-
" The hereditates of intestate have originated with them." 1
ingenui belong in fore, to
the first place to their sui heredes, that is, children Persons of the same blood by both parents were
who are in the power of the parent, and those who sometimes called germani and consanguinei were
;
are in the place of children (as grandchildren, for those who had a common father only, and uterini
instance) if there are no sui heredes, it belongs to those who had a common mother only.
;
the same father (it was not necessary that they Tritavus,
Tritavia.
should be by the same mother); if there are no
eonsanguinei, it belongs to the remaining and near-
est agnati, that is, to the cognati of the male sex,
who trace their descent through males, and are of Atavus,
the same familia. And this is provided by the fol-
lowing law of the Twelve Tables Si intestato mo-
'
:
&c.), is indicated by the figures attached to the sev- Associations of individuals, who were entitled to
eral words. The Roman numerals denote the de- have a corpus, could hold property in common ;
gree of cognatio in the canon law, and the Arabic they could hold it, as the Roman jurists remark,
numerals the degrees in the Roman or civil law. just as the state held property (res communes').
The latter mode of reckoning is adopted in England, These collegia had a common chest, and could sue
m ascertaining the persons who are entitled as next and be sued by their syndicus or actor. Such a
of kin to the personal estate of an intestate. It will body, which was sometimes also called a universi-
be observed, that in the canon law, the number tas, was a legal unity. That which was due to the
which expresses the collateral degree is always the body was not due to the individuals of it, and that
greater of the two numbers (when they are differ- which the body owed was not the debt of the indi-
ent) which express the distance of the two parties viduals. The common property of the body was
from the common ancestor ; but in the civil law, liable to be seized and sold for the debts of the
the degree of relationship is ascertained by count- body. The collegium or universitas was governed
ing from either of the two persons to the other by its own regulations, which might be any regula-
through the common ancestor. All those words on tions that the body agreed upon, provided they were
which the same Roman or the same Arabic numer- not contrary to law this provision, as Gaius con
:
CO'GNITOR. (Fid. ACTIO.) law expresses it, perpetual succession. Thus it ap-
COGNO'MEN. (Vid. NOMEN.) pears that the notion of a collegium is precisely that
COHORS. (Vid. ARMY, ROMAN, p. 104.) of our modern incorporations, the origin of which is
*COIX (/coif), a species of Egyptian Palm-tree, clearly traceable to these Roman institutions.
of the leaves of which matting and baskets were A lawfully constituted collegium was legitimum.
made. Stackhouse sets it down for the Co'ix lach- Associations of individuals, which affected to act as
ryma Jobi. Bauhin mentions that some had taken collegia, but were forbidden by law, were called
it for a species of Lithospermum. The term KVKHC illicita.
in Theophrastus, out of which some would make It does not appear how collegia were formed, ex-
the Cycas revoluta, or Japanese Sago-palm, is mere- cept that some were specially established 8 by legal
ly the accusative plural for /coi"/caf, from /coif, just authority.* Other collegia were probably formed
as some read cycas for cotcas in Pliny.* by voluntary associations of individuals, under ths
*COL'CHICUM (KO^XIKOV), the Meadow Saffron, provisions of some general legal authority, such as
or Colchicum Autumnale. Pliny* merely mentions those of the publicani. This supposition would ac-
it as a poisonous plant, but Alexander of Tralles, a count for the fact of a great number of collegia
ptysician of the sixth century, prescribes it in cases being formed in the course of time, and many of
of gout, in which, as also in the rheumatism and them being occasionally suppressed as not legitima
neuralgic affections, it is still found a valuable med- Some of these corporate bodies resembled our
icine at the present day. The celebrated specific companies or guilds such were the fabrorum, pis- ;
for gout, known by the name of Eau Medicinale torum, &c., collegia. Others were of a religious
d'Hyssop, is said to be the vinous infusion of Col- character; such as the pontificum, augurum, fra-
chicum. Indeed, the vinous infusion of this plant trum arvalium collegia. Others were bodies con-
has been recommended in cases of gout by Sir cerned about government and administration as ;
Everard Home. It very rarely fails in such com- tribunorum plebis, 8 quaestorum, decurionum colle-
plaints to break up the paroxysm, sometimes acting gia. The titles of numerous other collegia may be
on the bowels, at other times on the kidneys and collected from the Roman writers and from inscrip-
skin, and often without any apparent accompanying tions.
effect. It is but right to state, however, that the According to the definition of a collegium, the
most judicious writers on gout consider it a danger- consuls, being only two in number, were not a colle-
ous medicine ultimately.* (Vid. EPHEMERON and gium, though each was called collega with respect
HERMODACTYLUS.) to the other, and their union in office was called
COLLA'TIO BONO'RUM. (Vid. BONORUMCOL- collegium. It does not appear that the Romans
<ATIO.) ever called the individual who, for the time, filled
COLLE'GIUM. The persons who formed a col- an office of perpetual continuance, a universitas or
legium were called collegae or sodales. The word collegium a kind of contradiction in terms, which
:
collegium properly expressed the notion of several it has been reserved for modern times to introduce,
persons being united in any office or for any com- under the name of a corporation sole. But the no-
mon purpose ;* it afterward came to signify a body tion of a person succeeding to all the property and
of persons, and the union which bound them togeth- legal rights of a predecessor was familiar to the
er. The collegium was the iraipia of the Greeks. Romans in the case of a heres, who was said to
The legal notion of a collegium was as follows take per universitalem, and the same notion, no
:
A collegium or corpus, as it was also called, must doubt, always existed with respect to individuals
consist of three persons at least. 4 Persons who who held any office in perpetual succession.
legally formed such an association were said corpus According to Ulpian, a universitas, though re-
habere, which is equivalent to our phrase of being duced to a single member, was still considered a
incorporated and in latei times they were said to universitas
; for the individual possessed all the
;
be corporati, and the body was called a corporatio. rights which once belonged to the body, and the
name by which it was distinguished.
(Hugo, Lehrbuch, &c. Marezoll, Lehrbuch, <fcc. Dig. 38,
1.
When a new member was taken into a collegi-
tit. De Gradibus, &c. Ulp., Frag., ed. Booking.) 2. (Theo-
10,
phrast., H. P., i., 16 ii., 8.
; Plin., H. N., xiii., 4. BiUerbeck,
Flora Classica, p. 228.) 3. (H. N., xxviii., 9.) 1. (Macauley, 1. (Dig. 3, tit. 4.) 2. (Dig. 47, tit. 22.) 3. (Liv., v., 50. 52.)
Med. Diet., p. 137.) 3. (Liv., x., 13, 32. Tacit Ann., iii., 4. (Liv., v., 50, 52. Suet , In 1 , 42<~Octav., 32. Dig. 3, tit
31 ) 6. (Dig. 50, tit. 16, s. 85.) 4, s. 1.) 5. (Liv., 42, 32.)
278
COLOCASIA. COLON1A.
n, he was said co-op/an, and the old memhers le same. He mentions the stalk as the part thai
were said with respect to him, recipere in collegium. s eaten says the Egyptians used the leaves to
;
The mode of filling up vacancies would vary in dif- rink out of; and adds, that in his time it was plant-
ferent collegia. The statement of their rules be- d in Italy. " Prosper Alpinus, in his work De
'lantis jEgypti, assures us that the modern -^Egyp
longs to the several heads of AHOUR, &c., which
are treated of in this work. ian name of this plant is Culcas, which the Greek
Civitates, and res publicae (civil communities), and vriters might easily change to the more agreeable
municipia (in the later sense of the term) were ound of Colocasia. He says no plant is bettei
viewed, in a manner, as corporations, though they nown, or is in more use among them, the root of
were not so called they could have property in
: ;
being eaten as commonly as turnips among us.
common, and in some respects act as corporations ; i'he Colocasia began to be planted in Italy in Vir-
hut they do not seem ever to have been legally con- ;il's time and when the fourth Eclogue of that
;
sidered as corporations, because they consisted of ioet (in which mention is made of it) was written,
an indeterminate number of individuals. ; was a rarity newly brought from /Egypt, and
According to Pliny, res publicae and municipia
1
herefore the Mantuan bard speaks of its growing
could not take as heres and the reason given is, ; ommonly in Italy as one of the glories of the gold-
that they were a corpus incertum, and so could not m age which was now expected to return." 1 For
cernere hcreditatem ; that is, do those acts which a arther information respecting the Colocasia, the
heres must do in order to show that he consents to eader is referred to Fee's Flore de Virgile. Ac-
be a heres. Universitates, generally, are also con- cording to this last-mentioned writer, the ancients
sidered by modern writers to be within this rule, requently confounded the Nymph&a Lotus and the
though they are clearly not within the reason of it ; Arum Colocasia under the common name of Coloca-
for a collegium, which consisted of a determined rium.
number of individuals, was no more a corpus incer- *COLOCYNTHE (KoTiotcfofoj, -6a, and-T7?), the
8
tum than any other number of ascertained individu- ourd. il
Even in the
days of Athenaeus," says
"
als, and all that could possibly be required of them \dams, the savans complained of the difficulty of
would be the consent of all. Municipia could, how- distinguishing the summer fruits from one another,
ever, acquire property by means of other persons, owing to the confusion of names which had taken
whether bond or free a and they could take fidei- ;
>lace among the authors who had treated of them.
commissa under the senatus consultum Aproniaunm Thus Nicander applied the term aiKva to what was
which was passed in the time of Hadrian, and ex- he Ko'XonvvQa of later writers and it is farther de-;
tended to licita collegia in the time of M. Aurelius. serving of remark, that Galen applies the term CIK-
By another senatus consultum, the liberti of munici- of to the KohoKwOa of Dioscorides, i. e., to the Cu~
pia might make the municipes their heredes. The cumis sativus, or common Cucumber, and, conse-
gods could not be made heredes, except such deites quently, his (Galen's) KohoKvvQri was the Cucurbita,
as possessed this capacity by special senatus con- or Gourd. In this sense I am inclined to think the
sulta or imperial constitutions, such as Jupiter Tar- terms aiKvog and KoXoKvvOrj are generally used by
5
peius, &c.* By a constitution of Leo, civitates the writers on Dietetics, namely, the former is the
could take property as heredes. In the time of Cucumber, and the latter the Gourd of English gar-
Paulus (who wrote between the time of Caracalla deners. 3 Theophrastus did not define accurately
and Alexander Severus), civitates could take lega- the character of his KotonvvBr/, and, indeed, accord-
cies of particular kinds. ing to Athenaeus, he described several species of it.
Though civitates within the Roman Empire could I can scarcely believe, however, that he generally
not receive gilts by will, yet independent states applied it to the Cucumis Colocynthis, i. e., the Col-
could receive gifts in that way, a case 6 which fur- oquintida, or Bitter Apple, as Stackhouse repre-
nishes no objections to the statement above made sents." *
1
by Pliny and Ulpian. In the same way, the Roman COLOCYNTHIS (infotetotfai I. The Bitter
state accepted the inheritance of Attalus, king of Apple (Coloquintida); or Cucumis ( jocynthis.* II.
Pergamus, a gift which came to them from a for- The common Cucumber, or Cucumis sativus. 6
eigner. The Roman lawyers considered such a *COLIAS (/co/lmc), the name of a small Fish,
gift to be accepted by the jus gentium. mentioned by Pollux, Aristotle, Athenaeus, and
*COLOCA'SIA and -IUM /Elian. (notoicaaia and
It would appear to have been a variety of
-tov),
the edible root of the Egyptian Bean (/cva^of 6 Al- the Mackerel, or Scomber scomber.''
7
yvTTTios). It grew, according to Dioscorides, chiefly *COLOIOS (/coAoiof). (Vid. GRACULUS.)
in Egypt, but WHS found also in the lakes of Asia COLO'NI. (Vid. PRJEDIUM.)
" It has COLO'NIA. This word contains the same ele-
leaves," says the same authority, "as large
as a petasus a stalk a cubit in length, and of the ment as the verb colere, " to cultivate," and as the
;
thickness of a finger a rosaceous flower twice as word colonus, which probably originally signified a
;
"
large as a poppy. When the flower goes off, it bears of the earth." The English word colony,
tiller
husks like little bags, in which a small bean appears which derived from the Latin, perhaps expresses
is
beyond the lid, in the form of a bottle, which is the notion contained in this word more nearly than
called ciborion or cibotion (Kibupiov ?i Ki6uTiov), i. e. is generally the case in such adopted terms.
a little coffer or ark, because the bean is sown on A kind of colonization seems to have existed
the moist earth, and so sinks into the water. The among the oldest Italian nations, who, on certain
root is thicker than a reed it is eaten both raw ; occasions, sent out their superfluous male popula
and boiled, and is called Colocasia. The bean is eat tion, with arms in their hands (lepa VEOTTIC), to seek
en green, and when it is dried it turns black, and i for a new home.
8
But these were, apparently, mere
8
larger than the Greek Bean." Theophrastus, in bands of adventurers, and such colonies rather re-
the account which he gives of the Egyptian Bean sembled the old Greek colonies than those by which
does not in the least hint, as Martyn remarks, tha Rome extended her dominion and her name.
any part of the plant was called Colocasia ; Pliny, Colonies were established by the Romans as far
however, agrees with Dioscorides in making then back as the annals or traditions of the citv extend,
(Virgil, Eclog., iv., 20.
1. Martyn, ad loc.) 2. (ix., c. 14.)
1. (Ep., v., 7. Ulp., Frag., tit. 22, B. 5.) 2. (Dig. 41, tit. 3. (Adams, Commentary on Paul of ^Egina, p. 103.) 4 (Ad-
s. 1, t> 22.) 3. (Ditf. 34, tit. 5, s. 21.) 4. (Ulp., Fragm., tit. 22 ams, Append., s. v.) 5. (Dioscor., iv., 175. Galen, De Simpl
.
6.) -5. (Cod 6, tit. 24, s. 12.) 6. (Tacit., Ann., iv., 43.) 7 vii.) 6. (Hippocr., Affect.) 7. (Adams, Append., a. v.) 8
(ii 126.) 8. til. P.. iv , 4.)9. (H. N., xxi., 15.) (Dionys. Hal., Antiq. Kom., i., 16.)
279
COLONIA. COLONTA
and the practice was continued, without intermis- Roman citizens who were willing to go out as
sion, during the Republic and under the Empire. membets of a colony gave in their names at Rome.
Sigonius enumerates six main
1 causes or reasons Cicero 1
says that Roman citizens who chose to
which, from time to time, induced the Romans to become members of a Latin colony must go volun-
send out colonies and these causes are connected
; tarily (auctorcs facti), for this was a capitis deminu-
with many memorable events in Roman history. tio , and in another passage* he a/leges the fact of
Colonies were intended to keep in check a conquer- Roman citizens going out in Latin colonies as a
ed people, and also to repress hostile incursions, as proof that loss of civitas must be a voluntary act.
in the case of the colony of Narnia," which was it is true that a member of a Roman colony would
(Narbonne), which was in the provincia Galiia, cated on the coins of some coloniae. An urbs, if
" Colonia nostrorum civium, specula populi Romani one did not already exist, was a necessary part of
et propugnaculum." Another object was to in- a new colony, and its limits were marked out by a
crease the power of Rome by increasing the popu- plough, which is also indicated on ancient coins.
lation.
7
Sometimes the immediate object of a col- The colonia had also a territory, which, whether
ony was to carry off a number of turbulent and dis- marked out by the plough or not, 3 was at least
contented persons. Colonies were also established marked out by metes and bounds. Thus the urbs
for the purpose of providing for veteran soldiers, a and territory of the colonia respectively corre-
practice which was begun by Sulla, and continued sponded to the urbs Roma and its territory. Reli-
under the emperors these coloniae were called mil-
:
gious ceremonies always accompanied the founda-
itares. tion of th, colony, and the anniversary was after
It is remarked by Strabo, 8 when speaking of the ward observed. It is stated that a colony could
Roman colonies in the north of Italy, that the an- not be sent out to the same place to which a colony
cient names of the places were
retained, and that, had already been sent in due form (auspicato deduc-
though the people in his time were all Roman, they ta). This merely means that, so long as the colony
were called by the names of the previous occupiers maintained its existence, there could be no new
of the soil. This fact is in accordance with the colony in the same place a doctrine that would;
character of the old Roman colonies, which were hardly need proof, for a new colony implied a new
in the nature of garrisons planted in conquered assignment of lands but new settlers (novi adscrip-
;
towns, and the colonists had a portion.of the con- ti) might be sent to occupy colonial lands not al-
4
quered territory (usually a third part) assigned to ready assigned. Indeed, it was not unusual for a
6
them. The inhabitants retained the rest of their colony to receive additions and a colony might
;
lands, and lived together with the new settlers, who be re-established, if it seemed necessary from any
9
alone composed -the proper colony. The conquer- cause and under the emperors such re-establiah-
;
ed people must at first have been quite a distinct ment might be entirely arbitrary, and done to gratify
class from, and inferior to, the colonists. The defi- personal vanity, or from any other motive.'
10
nition of a colonia by Gellius will appear, from what The commissioners appointed to conduct the col-
" Ex civitate
has been said, to be sufficiently exact :
ony had apparently a profitable office, and the es-
quasi propagata -populi Romani quasi effigies panes tablishment of a new settlement gave employment
iimulacraque." to numerous functionaries, among whom Cicero
No colonia was established without a lex, plebis- enumerates apparitores, scribae, librarii, prsecones,
citum, or senatus consultum a fact which shows
; architecti. The
foundation of a colony might then,
that a Roman colony was never a mere body of ad- in many cases, not only be a mere party measure,
venturers, but had a regular organization by the pa- carried for the purpose of gaining popularity, but it
rent state. A: wording to an ancient definition quo- would give those in power an opportunity of provi
ted by Niebuhr, 11 a colony is a body of citizens, or ding places for many of their friends.
socii, sent out to possess a commonwealth, with the A colonia was a part of the Roman state, and it
approbation of their own state, or by a public act of had a respublica but its relation to the parent state
;
late to the establishment of coloniae were leges agra- to the persons who should form the colony, but to
rise, or laws for the division and assignment of pub- their political rights with respect to Rome as mem-
lic lands, of which
Sigonius has given a list in his bers of tne colony. The members of a Roman col-
work already referred to. ony (colonia civium Romanorum) must, as the term
When a law was passed for founding a colony, itself implies, have always had the same rights,
persons were appointed to superintend its forma- which, as citizens, they would have had at Rome
tion (co.oniam deducere). These persons varied in They were, as Niebuhr remarks, in the old Roman
number, but three was a common number (trium- " the the old inhabitants, the
colonies, populus ;
1
viri' ad colonos deducendos *'). also read of du- We commonalty." These two bodies may, in course
umviri, quinqueviri, vigintiviri for the same pur- of time, have frequently formed one but there ;
pose. The law fixed the quantity of land that was could be no political union between them till the old
to be distributed, and how much was to be assigned inhabitants obtained the commercium and connubi-
to each person. No Roman could be sent out as a um, in other words, the civitas and it is probable ;
colonist without his free consent, and when the that, among the various causes which weakened
colony i-aj not an inviting one, it was difficult to the old colonies, and rendered new supplies of col-
13
fill up the number of volunteers. onists necessary, we should enumerate the want of
Roman women for the children of a Roman were
;
not Roman citizens unless his wife was a Roman, ing the suffragium ; some of them obtained it befor*
or unless she belonged to a people with which there the social war, and others by the Julian law.
was connubium. The nature of a Latin colony will appear suffi-
It is important to form a precise notion
of the re- ciently from what is said here, and in the article
lation of an ancient Roman colonia to Rome. That ClVIT\S.
the colonists, as already observed, had all the rights Besides these coloniae there were colonise Italici
of Roman citizens, is a fact capable of perfect dem- juris, as some writers term them but which, in ;
which was a personal, not a local right ; and it is not to the individuals composing it. This right
also inconsistent with the very principle of Roman consisted in quiritarian ownership of the soil (com-
polity apparent in the establishment
of Roman col- mercium), and its appurtenant capacity of mancipa-
onies. Farther, the loss of the suffragium and tio, usucapion, and vindicatio, together with freedom
honores would have been a species of capitis demi- from taxes and also in a municipal constitution,
;
nutio ; and it is clear, from what Cicero says of the after the fashion of the Italian towns, with duum-
consequences of a Roman voluntarily joining a Latin viri, quinquennales, aediles, and a jurisdictio. Many
colony, tbit no such consequences resulted from provincial towns, which possessed the jus Italicum,
becoming a. member of a Roman colony. If a Ro- have on their coins the figure of a standing Silenus,
man ever became a member of a Roman colony
without hi consent, it must have been in the early
ages of the state, when the colonies still retained
their garrison character, and to join a colony was a
kind of military service but such a duty to protect
;
tain. They might be a part of the Roman civitas dunum, Vienna (in Dauphine), and colonia Agrippi-
without being cives, and the difficulty of ascertain- nensis had this privilege. It follows, from the nature
ing their precise condition is increased by the cir- of this privilege, that towns which had the Latinitas
cumstance of the word civitas being used loosely or the civitas, which was a personal privilege,
by the Roaian writers. If they were cives in a might not have the jus Italicum but the towns ;
sense, this word imported no privilege ; for it is which had the jus Italicum could hardly be any
certain that, by being incorporated in the Roman other than those which had the civitas or Latinitas,
state as a conquered people, they lost all power of and we cannot conceive that it was ever given to a
administering their own affairs, and obtained no town of Peregrini.
share in the administration of the Roman state ; The colonial system of Rome, which originated
they had not the honourable rank of socii, and they in the earliest ages, was peculiarly well adapted to
were subject to military service and taxation. They "
strengthen and extend her power By the colo- :
which time, also, colonies began to be established the magistrates, and could even make laws. 8 When
beyond the limits of Italy, as in the case of Nar- the popular assemblies became a mere form in
bonne, already mentioned, and in the case of Ne- Rome, and the elections were transferred by Tiberi-
mausus (Nimes), which was made a colony by us to the senate, the same thing happened in the
Augustus, an event which is commemorated by colonies, whose senates then possessed whatever
onedals, and an extant inscription at Nimes.
1
In power had once belonged to the
community.
addition to the evidence from written books of the The common name of this senate was ordo de-
numerous colonies established by the Romans in curion'un in later times, simply ordo and curia ;
;
Italy, and subsequently in all parts of 'the Empire, the members of it were decuriones or curiales
we have the testimony of medals and inscriptions, Thus, in the later ages, curia is opposed to senatus,
the former being the senate of a colony, and the
latter the senate of Rome. But the terms senatus
and senator were also applied to the senate and
members of the senate of a colony, both by histori-
ans, in inscriptions, and in public records ; as, foi
instance, in the Heracleotic Tablet, which contain-
ed a Roman lex. After the decline of the popular
assemblies, the senate had the whole internal ad-
ministration of a city, conjointly with the magistra-
tus but only a decurio could be a magistratus, and
;
m which COL., the abbreviation of colonia, indi- the choice was made by the decuriones. Augustus
cates this fact. The prodigious activity of Rome seems to have laid the foundation for this practical
in settling colonies in Italy is apparent from the list change in the constitution of the colonies in Italy.
2
given by Front inus, most of which appear to have All the citizens had the right of voting at Rome,
been old towns, which were either walled when but such a privilege would be useless to most of the
the colon/ was founded, or strengthened by new citizens, on account of their distance from Rome.
3
defences. Augustus devised a new method of voting the de- :
Colonies were sometimes established under the curiones sent the votes in writing, and under seal,
Empire with circumstances of great oppression, and to Rome but the decuriones only voted.
;
Though
the lands were assigned to the veterans without this was a matter of no importance after Tiberius
strict regard to existing rights. had transferred the elections at Rome from the pop
Under the emperors, all legislative authority being ular assemblies to the senate, this measure of Au
then virtually in them, the foundation of a colony gustus would clearly prepare the way for the pr
was an act of imperial grace, and often merely a eminence of the decuriones, and the decline of tht
title of honour conferred on some favoured spot. popular power.
Thus M. Aurelius raised to the rank of colonia the The highest magistratus of a colonia were tl>*
small town (vicus) of Halale, at the foot of Taurus, duumviri* or quattuorviri, so called, as the numbert
where his wife Faustina died. 3 The old military might vary, whose functions may be compared with
colonies were composed of whole legions, with their those of the consulate at Rome before the establish
tribunes and centurions, who, being united by mu- ment of the praetorship. The name duumviri seem?
tual affection, composed a political body (respublica) ;
to have been the most common. Their principa1
and it was a complaint in the time of Nero, that duties were the administration of justice, and, ac-
"
soldiers, who were strangers to one another, with- cordingly, we find on inscriptions Duumviri J. D."
"
out any head, without any bond of union, were (juri dicundo), Quattuorviri J. D." They wero
" numerus
suddenly brought together on one spot, styled magistratus pre-eminently, though the namo
magis quam colonia."* And on the occasion of the magistratus was properly and originally the most
mutiny of the legions in Pannonia, upon the acces- general name for all persons who filled similar situ-
sion of Tiberius, it was one ground of complaint, ations. The name consul also occurs in inscrip-
that the soldiers, after serving thirty or forty years, tions to denote this chief magistracy and even ;
were separated, and dispersed in remote parts dictator and praetor occur under the Empire and un-
;
where they received, under the name of a grant of der the Republic. The office of the duumviri lasted
lands (per nomen agrorum), swampy tracts and bar- a year. Savigny shows that under the Republic the
ren mountains. 6 jurisdictio of the duumviri in civil matters was un
It remains briefly to state what was the internal limited, and that it was only under the
Empire that
constitution of a colonia. it was restricted in the manner which appears from
In the later times of the Republic, the Roman the extant Roman law.
state consisted of two distinct organized parts, In some Italian towns there was a praefectus juri
" he was in the place of, and not coexistent
Italy and the Provinces. Italy consisted of a dtcundo ;
great number of republics (in the Roman sense of with, duumviri. The duumviri were, as * e have s T
the term), whose citizens, after the Italian war, be- seen, originally chosen by the people out the pras- ;
came members of the sovereign people. The com- fectus was appointed annually in Rome,* and sen/
munities of these citizens were subjects of the Ro- to the town called a praefectura, which might be ej
man people, yet the internal administration of the ther a municipium or a colonia, for it was only in
communities belonged to themselves. This free the matter of the praefectus that a town called a
municipal constitution was the furdamental char- praefectura differed from other Italian towns. Ar
acteristic of Italy and the same remark will apply pinum is called both a municipium and a praefectu-
;
to both principal classes of such constitutions, mu- ra ;' and Cicero, a native of this place, obtained the
nicipia and coloniae. That distinction which made highest honours that Rome could confer.
1. (Rasche, Lexicon Rei Numarise.) 2. (De Coloniig.) 3. 1. (Savigny.) 2. (Cic.,De Leg., iii., 16.) 3. (Sueton., <;.46.)
(Jul. Capitol., M. Ant. Philos., c. 26.) 4. (Tacit., Ann., xiv., 4. (Cic., Agr. Leg., ii., 34.) 5. (Liv., xxvi., 16.) 6. (Cio.
Z7 1 5. (Tacit., Ann., i., 17.) Ep ad Fam., xiii., 11. Festus, s. v. Prefecture.)
282
COLOiNfA. CJOi ONU.
The censor, curator, or quinquennalis, all which places in Campania to which these quattuonrirt
names denote the same functionary, was also a mu- were sent, and among them Cumae and Acerra.
nicipal magistrate, and corresponded to the censor which were municipia; and Volturnum, l.iternum,
at Rome, and in some cases, perhaps, to the quaes- and Puteoli, which were Roman colonies establish-
tor also. Censors are mentioned in Livy 1 as ma- ed after the second Punic war. The second divis*
gistrates of the twelve Latin colonies. The quin- ion of praefecturae comprised those places to which
quennales were sometimes duumviri, sometimes the praetor urbanus sent a praefectus every year,
quattuorviri but they are always carefully distin- namely, Fundi, Formiae, Caere, Venafrum, Allifae,
;
guished from the duumviri and quattuorviri J. D. Privernum, Anagnia, Frusino, Reate, Saturnia, Nur-
;
and their functions are clearly shown by Savigny to sia, Arpinum, aliaque complura Only one of them,
have been those of censors. They held their office Saturnia, was a colony of Roman citizens l the ;
for one year, and during the four intermediate years rest are municipia. It is the conclusion of Zumpt,
the functions were not exercised. The office of that all the municipia of the older period, that is,
censor or quinquennalis was higher in rank than up to the time when the complete civitas was giv-
that of the duumviri J. D., and it could only be fill- en to the Latini and the socii, were praefecturae,
ed by those who had discharged the other offices of and that some of the colonies of Roman citizens
the municipality. were also praefecturae. Now as the prasfectus was
For a more complete account of the organization appointed for the purpose of administering justice
of these municipalities, and of their fate under the (juri dicundo), and was annually sent from Rome,
Empire, the reader is referred to an admirable chap- it appears that this was one among the many ad-
ter in Savigny,* from which the above brief notice mirable parts of the Roman
polity for maintaining
is taken.
harmony in the whole political system by a uni-
The terms municipium and municipes require ex- formity of law and procedure. The name praefec-
planation in connexion with the present subject, and tura continued after the year B.C. 90 but it seems ;
the explanation of them will render the nature of a that, in someplaces at least, this functionary ceas-
praefectura still clearer. One kind of municipium ed to be sent from Rome, and various praefecturae
was a body of persons who were not 3 Roman citi- acquired the privilege of having magistratus of their
zens, but possessed all the rights of Roman citizens own choosing, as in the case of Puteoli, B.C 63.*
except the suffragium and the honores. But the The first class or kind of praefecti, the quattuorviri
communities enumerated as examples of this kind who were sent into Campania, was abolished by
of municipium are the Fundani, Formiani, Cumani, Augustus, in conformity with the general tenour of
Acerrani, Lanuvini, and Tusculani, which were his policy, B.C. 13. After the passing of the Julia
conquered states,* and received the civitas without Lex de Civitate, the cities of the socii which receiv
the suffragium and all these places received the
; ed the Roman civitas still retained their internal
complete civitas before the social war, or, as Festus constitution but, with respect to Rome, were all
;
" Post
expresses it. aliquot annos cives Rom an i ef- included under the name of municipia thus Tibur :
fect! sunt." It is singular that another ancient def- and Praeneste, which were Latins civitates, then
inition of this class of municipia says, that the per- became Roman municipia. On the other hand, Bo-
sons who had the rights of Roman citizens, except nonia and Luca, which were originally Latinae co-
the honores, were cives and among such commu-
; loniae, also became Roman municipia in consequence
nities are enumerated the Cumani, Acerrani, and of receiving the Roman civitas, though they retain-
Atellani. This discrepancy merely shows that the ed their old colonial constitution and the name of
later Roman writers used the word civis in a colonia. Thus Cicero* could with propriety call
very
loose sense, which we cannot be surprised at, as Placentia a municipium, though in its origin it was
they wrote at a time when these distinctions had a Latin colonia and in the oration Pro Sext* he
;
ceased. Another kind of municipium was, when a enumerates municipia, coloniae, and praefecturae as
civitas was completely incorporated with the Roman the three kinds of towns or communities under
state ;as in the case of the Anagnini, 8 Caerites, and which were comprehended
all the towns of Italy.
Aricini, who completely lost all internal administra- The testimony
of the Heracleotic tablet is to the
tion of their cities while the Tusculani and Lanu-
; like effect for it speaks of municipia, coloniae, and
;
vini retained their internal constitution, and their praefecturae as the three kinds of
places which had
magistrate called a dictator. A
third class of mu- a magistratus of some kind, to which enumeration
nicipia was those whose inhabitants possessed the it adds fora and conciliabula, as comprehending all
full privileges of Roman citizens, and also the in- the kinds of
places in which bodies of Roman citi
ternal administration of their own cities, as the Ti- zens dwelt.
burtes, Prsenestini, Pisani, Urbinates, Nolani, Bo- It thus appears that the name
municipium, which
nonienses, Placentini, Nepesini, Sutrini, and Lu- originally had the meanings already given, acquired
crenses (Lucensesl). The first five of these were a narrower import after B.C. 90, and in this nar-
civitates sociorum, and the second five coloniae Lati- rower import signified the civitates sociorum and
nae ; they all became municipia, but
only by the ef- coloniae Latinae, which then became complete mem-
fect of the Julia Lex, B.C. 90. bers of the Roman state. Thus there was then re
It has also been
already said that a praefectura ally no difference between these municipia and the
was so called from the circumstance of a praefectus coloniae, except in their historical origin, and in their
J. D. being sent there from Rome. Those towns original internal constitution. The Roman law pre-
in Italy were called praefecturae, says Festus, "In vailed in both.
quibus et jus dicebatur et nundmae agebantur, et The following recapitulation may be useful The :
erat quaedam earum respublica, neque tamen ma- old Roman colonies (cimum Romanorum) were
pla-
gistratus suos habebant; in quas legibus praefecti ced in conquered towns, and the colonists continu-
mittebantur quotannis, qui jus dicerent." Thus a d to be Roman citizens. These colonies were near
praefectura had a respublica, but no magistratus. Rome, and few in number. Probably some of the
He then makes two divisions of praefecturae. To old Latinae coloniae were established by the Romans
the first division were sent four praefecti chosen at n conjunction with other Latin states (Antium)
Rome (populi sitffragio); and he enumerates ten After the conquest of Latium, Latinae coloniae were
established by the Romans in various parts of Italy.
1. (xxix., 15.) 2. (Gesehichte des RBm. Rechts, &c.,
ic.) 3 (Festus, s. v. Municipium.) 4.
i., ]6,
(Liv., viii., 14 ^5 1. (Liv., xxxix., 55.) 2. (Cic., De Leg. Agr., ii., c
tL'v.. ii , 23.) 4. (c. 14.)
(in Pis., c. 23.)
283
COLONIA. COLONIA.
These colonies should be distinguished from the without any formal consent from the rest of the
colonies civium Romanorum, inasmuch as they are iommunity but usually a colony was sent out with
;
sometimes called colonies populi Romani, though the approbation of the mother-country, and under
1
they were not colonise civium Romanorum.
Ro- the management of a leader (oimorfi^ appointed by
man citizens who chose to join such colonies, gave it. But whatever may have been the origin of the
up their civic rights for the more solid advantage of colony, it was always considered, in a political
a grant of land. point of view, independent of the mother-country
When Latin colonies began to be established, few [called by the Greeks /zr/rpoTroJUf), and entirely
Roman colonies were founded until after the close emancipated from its control. At the same time,
of the second Punic war (B.C. 201), and these few though a colony was in no political subjection to its
were chiefly maritime colonies (Anxur, &c.). These parent state, it was united to it by the ties of filial
Latin colonies were subject to and part of the Ro- affection and, according to the generally received
;
no political bond among themselves but they had corresponded to those of a daughter to her mother. 1
;
the administration of their internal affairs. As to Hence, in all matters of common interest, the col-
the origin of the commercium, Savigny's conjecture ony gave precedence to the mother state and the ;
has been already stated. (Fid. CIVITAS.) The col- founder of the colony (OIKICTTIS), who might be con-
onies of the Gracchi were Roman colonies but sidered as the representative of the parent state,
;
their object, like that of subsequent Agrarian laws, was usually worshipped, after his death, as a hero.'
was merely to provide for the poorer citizens the Also, when the colony became in its turn a parent,
:
old Roman and the Latin colonies had for their ob- it usually sought a leader for the colony which it
ject the extension and
conservation of the Roman intended to found from the original mother-coun
Empire in Italy. After the passing of the Lex Julia, try
3
and the same feeling of respect was manifest
;
which gave the civitas to the socii and the Latin ed by embassies which were sent to honour the
colonies, the object of establishing Roman and Latin principal festivals of the parent state,* and also by
colonies ceased and military colonies were thence- bestowing places of honour and other marks of re-
;
forward settled in Italy, and, under the emperors, spect upon the ambassadors and other members oi
in the provinces. These military colonies had the the parent state, when they visited the colony at
civitas, such as it then was but their internal or- festivals and similar occasions.* The colonists also
;
ganization might be various. worshipped in their new settlement the same dei-
It would require more space than is consistent ties as they had been accustomed to honour in their
with the limits of this work to attempt to present native country the sacred fire, which was con- ;
anything like a complete view of this interesting stantly kept burning on their public hearth, was
subject. The following references, in addition to taken from the Prytaneum of the parent city and, ;
those already given, will direct the reader to abun- according to one account, the priests who minis-
dant sources of information Sigonius, De Jure An- tered to the gods in the colony were brought from
:
Niebuhr, Roman History ; Savigny, Ue- the parent state. In the same spirit, it was con-
6
tiquo, &c. ;
ber das Jus Italicum, Zeitschr., vol. v. Tabula He- sidered a violation of sacred ties for a mother-coun-
;
7
racleenses. Mazochi, Neap., 1754 Savigny, Der R6- try and a colony to make war upon one another.
;
mische Volksschluss der Tafel von Heraclea; and The preceding account of the relations between
Rudorff; Ueber die Lex Mamilia de Coloniis, Zeitsch., the Greek colonies and the mother-country is sup-
vol. ix.;
Rudorff Das Ackergesetz von Sp. Thorius, ported by the history which Thucydides gives us of
and Puchta, Ueber den Inhalt der Lex Rubria de Gal- the quarrel between Corcyra and Corinth. Corcy-
lia Cisalpina, Zeitschr., vol. X. ra was a colony of Corinth, and Epidamnus a colo-
Since this article was written, and after part of ny of Corcyra but the leader (olmarrif) of Epi ;
it was printed, the author has had the opportunity damnus was a Corinthian, who was invited from
of reading two excellent essays De Jure et Con- the metropolis Corinth. In course of time, in con-
:
dicione Coloniarum Populi Romani Quastio historica, sequence of civil dissensions and attacks from the
Madvigii Opuscula, Haunia, 1834 ; and Ueber den neighbouring barbarians, the Epidamnians apply for
Unterscliied den Bcnennungen Municipium, Colonia, aid to Corcyra, but their request is rejected. They
Prafectura, Zumpt, Berlin, 1840. With the help next apply to the Corinthians, who took Epidamnus
of these essays, he has been enabled to make some under their protection, thinking, says Thucydides,
important additions. But the subject is incapable of that the colony was no less theirs than the Corcy-
a full exposition within narrow limits, as the his- raeans' and also induced to do so through hatred
:
torical order is to a certain extent necessary, in or- of the Corcyraeans, because they neglected them
der to present a connected view of the Roman co- though they were colonists for they did not give to ;
lonial system. The essay of Madvig has establish- the Corinthians the customary honours and defer-
ed beyond dispute several most important ele-
all ence in the public solemnities and sacrifices that
ments in this inquiry
; and, by correcting the errors the other colonies were wont to pay to the mother-
of several distinguished writers, he has laid the country. The Corcyraeans, who had become very
foundation of a much more exact knowledge of this powerful by sea, took offence at the Corinthians re-
part of the Roman polity. ceiving Epidamnus under their protection, and the
GREEK COLONIES. The usual Greek words for a result was a war between Corcyra and Corinth.
colony are cnrotKia and K^rjpov^ia. The latter word, The Corcyraeans sent ambassadors to Athens to ask
which signified a division of conquered lands among assistance and in reply to the objection that they ;
Athenian citizens, and which corresponds in some were a colony of Corinth, they said " that every
respects to the Roman colonia and our notions of a colony, as long as it is treated kindly, respects the
modern colony, is explained in the article CLE- mother-country hut when it is injured, is alienated ;
The earlier Greek colonies, called unotKtci, were but that they may have equal rights with those that
usually composed of mere bands of adventurers, remain at home." 8
who left their native country, with their families
1. (Dionys. Hal., Ant. Rom., iii., 7. Polyb., xii., 10, 3.) t>
and property, to seek a new home for themselves. 2. (Herod, vi., 38. Thucyd., v., 11. Diod. Sic., xi., 60; xit.,
Some of the colonies, which arose in consequence 102.) 3. (Thucyd., i., 24.) 4. (Diod. Sic., xii., 30. AVewe-
of foreign invasion or civil wars, were undertaken ling, ad loo.) 5. (Thucyd., i., 25.) 6. (Schol. ad Thucju., i.,
25. Compare Tacit., Ann., ii., 54.) 7. (Herod fiii., P2 I1n ,
common descent, but no farther. The case of Po- but to suppose that they were confined to four pig-
tidaea, to which the Corinthians sent annually the ments, is quite a gratuitous supposition, and is op-
chief magistrates (dr/piovpyoi), appears to have been posed to both reason and evidence. (Via. PICTURA.)
au exception to the general rule. 1 Sir H. Davy also analyzed the colours of the so-
COLO'RES. The Greeks and Romans had a called " Aldobrandini marriage," all the reds and
very extensive acquaintance with colours as pig- yellows of which he discovered to be ochres the ;
ments. Book vii. of Vitruvius, and several chap- blues and greens, to be oxides of copper; the
ters of books xxxiii., xxxiv., and xxxv. of Pliny's blacks, all carbonaceous the browns, mixtures of ;
Natural History, contain much interesting matter ochres and black, and some containing oxide of
upon their nature and composition and these manganese the whites were all carbonates of lime.
; ,
works, together with what is contained in book v. The reds discovered iu an earthen vase contain-
of Dioscorides. and some remarks in Theophrastus,* ing a variety of colours were, red oxide of lead
constitute the whole of our information of any impor- (minium), and two iron ocbres of different tints, a
tance upon the subject of ancient pigments. From dull red, and a purplish red nearly of the same tint
these sources, through the experiments and obser- as prussiate of copper they were all mixed with ;
vations of Sir Humphrey Davy* on some remains of chalk or carbonate of lime. The yellows were
ancient colours and paintings in the baths of Titus pure ochres with carbonate of lime, and ochre mixed
and of Livia, and in other ruins of antiquity, we with minium and carbonate of lime. The blues
are enabled to collect a tolerably satisfactory ac- were oxides of copper with carbonate of lime. Sir
count of the colouring materials employed by the H. Davy discovered a frit, made by means of soda,
Greek and Roman painters. and coloured with oxide of copper, approaching ul-
The painting of the Greeks is very generally tramarine in tint, which he supposed to be the frit
considered to have been inferior to their sculpture of Alexandrea its composition, he says, was per-
; ;
this partially arises from very imperfect informa- fect " that of imbodying the colour in a composition
:
tion, and a very erroneous notion respecting the resembling stone, so as to prevent the escape of
resources of the Greek painters in colouring. The elastic matter from it, or the decomposing action of
error originated apparently with Pliny himself, who the elements this is a species of artificial lapis-laz-
;
Quatuor coloribus solis immortalia ilia opera uli, the colouring matter of which is naturally in-
'
says,*
fecere, ex albis Melino, ex silaceis Attico, ex rubris herent in a hard silicious stone."
Sinopide Pontica, ex nigris atramento, Apelles, Echion, Of greens there were many shades, all, however,
5
Melanthius, Nicomachus, clarissimi pictores;" and either carbonate or oxide of copper, mixed with
"
Legentes meminerint omnia ea quatuor coloribus carbonate of lime. The browns consisted of ochres
facta." This mistake, as Sir H. Davy has sup- calcined, and oxides of iron and of manganese, and
posed, may have arisen from an imperfect recollec- compounds of ochres and blacks. Sir H. Davy
tion of a passage in Cicero,' which, however, di- could not ascertain whether the lake which he dis-
"
rectly contradicts the statement of Pliny Inpic- covered was of animal or of vegetable origin if of
:
;
tura Zcuxim ct Polygnotum, et Timanthem, et eorum, animal, he supposed that it was very probably the
qui non sunt usi plusquam quattuor coloribus, for- Tyrian or marine purple. He discovered also a
mas et lineamcnta laudamus : at in Echione, Nicoma- colour which he supposed to be black wad, or hy-
cho, Protogene, Apelle jam perfecta sunt omnia." drated binoxide of manganese also, a black colour ;
Here Cicero extols the design and drawing of Polyg- composed of chalk, mixed with the ink of the sepia
notus, Zeuxis, and Timanthes, and those who used officinalis, or cuttle-fish. The transparent blue glass
but four colours; and observes in contradistinc- of the ancients he found to be stained with oxide of
tion, that in Echion, Nicomachus, Protogenes, and cobalt, and the purple with oxide of manganese.
Apelles, all things were perfect. But the remark of The following list, compiled from the different
Pliny, that Apelles, Echion, Melanthius, and Nicom- sources of our information concerning the pigments
achus used but four colours, including both black known to the ancients, will serve to convey an idea
and white to the exclusion of all blue (unless we of the great resources of the Greek and Roman
understand by " ex nigris atramento" black and in- painters in this department of their art and wh.jh, ;
digo), is evidently an error, independently of its con- in the opinion of Sir H. Davy, were fully equal to
tradiction to Cicero and the conclusion drawn by the resources of the great Italian painters in the
;
some from it and the remark of Cicero, that the sixteenth century :
early Greek painters were acquainted with but four RED. The ancient reds were very numerous.
pigments, is equally without foundation. Pliny KiwuSapt, p'Arof, cinnabaris, cinnabar, vermilion,
himself speaks of two other colours, besides the bisulphuret of mercury, called also by Pliny and
four in question, which were used by the earliest Vitruvius minium.
painters ;
the testa-trita 1 and cinnabaris or vermil- The Kivvd6apt 'IvdiKov, cinnabaris Indica, men-
ion, which he minium. 8 He mentions
calls also tioned by Pliny and Dioscorides, was what is Tul-
also' the Eretrian earth used by Nicomachus, and gariy called dragon's-blood, the resin obtained from
the clephantium, or ivory-black, used by Apelles, 10 various species of the calamus palm.
thus contradicting himself when he asserted that Mt/lrof seems to have had various significations ;
Apelles and Nicomachus used but four colours. it was used for cinnabaris, minium, red lead, an<i
The above tradition, and the simplex color of Quin- rubrica, red ochre. There were various kinds ot
11
tilian, are our only authorities" for defining any rubrica, the Cappadocian, the Egyptian, the Span-
limits to the use of colours by the early Greeks as ish, and the Lemnian; all were, howevei, red iron
applied to painting but we have no authority
; oxides, of which the best were the Lemnian, from
whatever for supposing that they were limited in the of Lemnos, and the Cappadocian, called by
if.le
ens, about 460 B.C. WHITE. ordinary Greek white was meli-
The
'ApaeviKov, auripigmentum, orpiment (yellow sul- num, fiijTudc, an earth from the Isle of Melos ; for
phuret of arsenic), was also an important yellow ; fresco painting, the best was the African paratoni-
but it has not been discovered in any of the ancient um, trapaiToviov, so called from the place of its ori-
paintings. (Vid. ARSENICON.) The sandaracha has gin on the coast of Africa, not far from Egypt.
been already mentioned. There was also a white earth of Eretria, and the
GREEN. Chrysocolla, ^pvao/co/lyla, which appears annularian white, creta anularia or anulare, made
to have been green carbonate of copper or malachite from the glass composition worn in the rings of the
(green verditer), was the green most approved of poor.
by the ancients its tint depended upon the quan-
; Carbonate of lead or white lead, cerussa, ^/zt>-
tity of carbonate of lime mixed with it. tiiov, was apparently not much used by the ancient
Pliny mentions various kinds of verdigris (diace- painters it was nowhere found among the Roman
;
eral green earths, all cupreous oxides Theodotion are now carbonate of copper, were originally laid on
:
the creta viridis, common green earth of Verona. color es austeri; 1 the colores floridi were those which,
. BLUE. The ancient blues were also very numer- in his time, were supplied by the employer to the
ous the principal of these was cczruleum, Kvavog, painter, on account of their expense, and to secure
;
azure, a species of verditer or blue carbonate of cop- their being genuine they were minium, Armenium, ;
per, of which there were many varieties. It was cinnabaris, chrysocolla, Indicum, and purpurissum ;
generally mixed with carbonate of lime. Vitruvius the rest were the austeri.
and Pliny speak of the Alexandrean, the Cyprian, Both Pliny 8 and Vitruvius 3 class the colours into
and the Scythian the Alexandrean was the most natural and artificial the natural are those obtain-
; ;
valued, as approaching nearest to ultramarine. It ed immediately from the earth, which, according to
was made also at Pozzuoli by a certain Vestorius, Pliny, are Sinopis, rubrica, parastonium, melinum,
who had learned the method of its preparation in Eretria, and auripigmentum to these Vitruvius ;
Egypt this was distinguished by the name of c<z- adds ochra, sandaracha, minium (vermilion], and
;
lon. There was also a washed caeruleum called chrysocolla, being of metallic origin. The ethers
lomentum, and an inferior description of this called are called artificial, on account of requiring some
tritum.
particular preparation to render them fit for use.
Itappears that ultramarine (lapis-lazuli) was of colours more names might
To the above list
known to the ancients under the name of Arme- still be added but, being for the most part merely ;
nium, 'Apfieviov, from Armenia, whence it was pro- compounds or modifications of those already men-
cured. Sulphuret of sodium is the colouring prin-tioned, they would only take up space, without giv
ciple of lapis-lazuli, according to M. Gmelin of Tu-
ing us any additional insight into the resources of
bingen. the ancient painters those which we have already ;
Indigo, Indicum, 'IvdiKov, was well known to the enumerated are sufficient to form an infinite varie
ancients. ty of colour, and conclusively prove that the ancient
Cobalt. The ancient name for this mineral is painters, if they had not more, had at least equal
'
-2. (xxxv., 3. 7
1. (xxxv., 12 12.) (vii., )
286
COLOSSUS. COLUMBARIUM.
icsources in this most essential branch of painting suffered in the fire which destroyed the Golden
with the artists of our own times. House, it was repaired by Vespasian, and by him
COLO'SSUS (Kotoaaoc.). The origin of this word converted into a statue of the Sun. 1 5. An eques-
is not known, the suggestions of the grammarians trian statue of Domitian, of bronze gilt, which was
2
being either ridiculous, or imperfect in point of ety- placed in the centre of the Forum.
mology.
1
It is, however, very ancient, probably of *COLO'TES (KuhuTTic ), another name for the .i<r-
Ionic extraction, and rarely occurs in the Attic wri- KaA.a6uT7}e or Spotted Lizard.
, ( Vid. ASCALABOTEB. )
ros ;* and the architectural ornaments in the upper was a species of Scarabaus.*
members of lofty buildings, which require to be of *COLOU'TEA (KolovTta), a plant, which has
large dimensions in consequence of their remote- been referred to the genus Colytea, L., or Bladder-
5
ness, are termed colossicotcra (KoAocrm/ewrepa ). Senna. Three species are described by Theophras-
Statues of this kind, simply colossal, but not pre- tus, namely, Anrupav, and typvyavuiris.*
'Ldaia, trepl
posterously large, were too common among the *COL'UBER, a species of Serpent, considered by
Greeks to excite observation ixsrely from their some to be the same with the Boas of Pliny. ( Vid
size, and are, therefore, rarely referred to as such, DRACO.)
the word being more frequently applied to designate *COLUMBA, the Pigeon. (Vid. PERISTERA.)
those figures of gigantic dimensions (moles statua- COLUM (r/6fj.6c), a strainer or colander. Various
6
rum, turribus pares ) which were first executed in specimens of this utensil have been found at Pom-
Egypt, and of which some specimens may be seen peii. The annexed woodcut shows the plan and
in the British Museum. profile of one which is of silver.
6
ry," to which the bronze head now preserved in COLUMBA'RIUM, a Dovecote or Pigeon-house
the Capitol probably belonged. 3. A bronze statue The word occurs more frequently in the plural n m-
of Augustus, in the Forum, which bore his name. 1 * ber, in which it is used to express a variety of ob-
4. The colossus of Nero, which was executed jects, all of which, however, derive their name from
by
Zenodorus in marble, and therefore quoted by Pliny their resemblance to a dovecote.
I. In the singular, COLUMBARIUM means ones of
in proof that the art of casting metal was then lost.
Its height was 110 or 120 feet. 14 It was originally
those sepulchral chambers formed to receive the
16 ashes of the lower orders, or dependants of great
placed in the vestibule of the domus aurea, at the
bottom of the Via Sacra, where the basement upon families and in the plural, the niches in which the
;
which it stood is still to be seen, and from it the cinerary urns (olla) were deposited. Several of
these chambers are still to be seen at Rome. One
contiguous amphitheatre is supposed to have gained
the name of " Colosseum." Twenty-four elephants of the most perfect of them, which was discovered
were employed by Hadriar to remove it, when he in the year 1822, at the villa Rufini, about two miles
was about to build the Temple of Rome. 17 Having beyond the Porta Pia, is represented in the annexed
woodcut.
1. (Etym. Mag., p. 526, 16. Festus, a. v.) 2. (Blomf., Gloss,
Each of the niches contained a pair of urns, with
d JEsch., Agamemnon, 406.) 3. (Hesych., s.v. jEsch., Agam., the names of the persons whose ashes they contain-
406. Schol. ad Juv., Sat., viii., 230.) 4. (Suet., Calig. 35.)
ed inscribed over them. The use of the word, and
5. (Vitruv., iii., 3, p. 98, ed. Bipont.
Compare Id., x., 4.) 6.
(Pirn., H. N., xxxtv., 18.) 7. (Fab., 233.) 8. (Plin., H. N.,
txxiv., 18. 88. Festus, s. v.) 9. (Sylv., I., i., 103.)
Polyb., v., 1. (Hieronym. in Hab., Suet., Vesp., 18. Plin., 1. c.
c. 3.
10. (Strab., vii., 6, <) 1. Plin., 1. c. P. Victor, Regio viii.) Compare Lamprid., Commod., Dion Cass., Ixxii., 15.) 2.
17.
11. (Strab., v., 3, t> 1. Plin., 1 c. Plutarch, Fab., xxii., p. 722, (Stat., Sylv., I., i., 1. Mart., Ep., i., 71, 6.) 3. (H. A., ix., 2.)
*d. Reiske.) 12. (Plin., 1. c.) 13. (Plin., 1. c.) 14. (Mart., 4. 5. II. P., iii.,
(Adams, Append., s. v.) (Theophrast., 14,
Ep., viii., 44, 7.) 15. (Pun., 1. c. Suet., Nero, 31.) 16. (Mart., 17. Adams, Append., 1. c.) 6. (Mus. Borb. T., viii., 14, fig. 4,
Sped.. ii., 1 E(i -i ,71,7. Dion Cass.,lxvi., 15.) 17. (Spart., 5.) 7. (Athen.) 8. (Mart., xiv., 104.) 9. (Colum., l)e R*
Hatlr , 19 ) Rust.. i., 19.)
287
COLUMNA. COLTIMNA.
mode of occupation, is testified in the following in- hewn out jf the rock, and constructed at the ex-
Cfiption :
pense of the most wealthy of the ancient inhabi-
HERMES IN HOC
L. ABUCII.'S tants. We have also direct testimonies to prove
ORDINE AB JMO AD SUMMUM that the ancients made use of wooden columns in
COLUMBARIA IX. OLL^E XVIII. their edifices. Pausanias 1 describes a very ancient
SIBI 1'OSTEKISQUE SUIS. monument in the market-place at Elis, consisting
of a roof supported by pillars of oak. A temple of
Juno at Metapontum was supported by pillars made
from the trunks of vines. 3 In the Egyptian archi-
tecture, many of the greatest stone columns are
manifest imitations of the trunk of the palm.*
As the tree required to be based upon a flat square
stone, and to have a stone or tile of similar form
fixed on its summit to preserve it from decay, so
the column was made with a square base, and was
covered with an abacus. (Vid. ABACUS.) Hence
tho principal parts of which every column consists
are three, the base, the shaft, and the capital.
In the Doric, which is the oldest style of Greek
architecture, we must
consider all the columns jn
the same row
as having one common base (podium),
whereas in the Ionic and Corinthian each column
II. In a machine used to raise water for the pur- has a separate base, called arretpa. (Vid. SPIRA.)
8
pose of irrigation, as described by Vitruvius, the
The capitals of these two latter orders show, on
vents through which the water was conveyed into comparison with the Doric, a yet greater degree of
the receiving trough were termed COLUMBARIA. complexity and a much richer style of ornament ;
This will be understood by referring to the woodcut and the character of lightness and elegance is far-
at The difference between ther obtained in them by their more slender shaft,
p. 65. (Vid. ANTLIA.)
that representation and the machine now under its height being much greater in proportion to its
joined together, not by mortar or cement, but by quently enriched, and a bead. The Corinthian cap-
iron cramps fixed in the direction of the axis. The ital is most richly ornamented, and differs extreme-
annexed woodcut is copied from an engraving in
ly from the others. In this the abacus is hollowed,
Swinburne's Tour in the Two
Sicilies, and 1
repre- forming a quadrilateral figure with concave sides,
sents a Doric column, which has been thrown pros- the angles of which are
generally truncated. Some-
trate in such a manner as to show the capital lying times the abacus is
enriched, but more frequently
separate, and the five d-rums of the shaft, each four ornamented with a flower in the middle. Below
feet long, with the holes for the iron cramps by the abacus the capital has the form of a vase or
wh'ch they were united together. bell, surrounded with two tiers of the leaves of the
acanthus, or, rather, .of leaves resembling those of
a species of the acanthus plant. Under each
angle
of the abacus springs a volute, and under the flow-
er in the centre of the abacus there are cauliculi.
With regard to the Tuscan capital, there are nc
authenticated remains of the order and the ; pre-
cepts of Vitruvius on this head are so very obscure
that the modern compilers of systems of architec-
ture have, of course, varied
exceedingly in their de-
signs the order, therefore, that passes under this
;
consists of a broad and massy abacus, an ovolo un- ,hey suspended their bows and quivers on nails or
looks. 4 The minstrel's lyre
der the abacus, from three to five fillets under the hung upon its peg from
1. (Eurip., Here. Fur., 975-1013.) 2. (Od., vi., 307 viii.,86
;
columns of the hall were also made subservient to columns two diameters and a quarter, except in the
less agreeable uses. Criminals were tied to them centre of the front and back of the building, where
in order to be scourged or otherwise tormented.* each intercolumniation (intercolumnium) was threo
According to the description in the Odyssey, the diameters, called eustyle, because it was best adapt
beams of the hall of Ulysses were of silver-fir in ; ed both for beauty and convenience.
such a case, the apartment might be very spacious 4. Atdtmi/tof,
diastyle, the intercolumniation, ci
3
without being overcrowded with columns. Such, distance between the columns, three diameters.
likewise, was the hall of the palace of Atreus at 5. 'Apaioarvhoe, araostylc, the distances excess-
"
Mycenas Fulget turbos, capax Immane tectum, cu-
: ive, so that it was necessary to make the epistyle
jus auratas trabes Variis columncB nobiles maculis fe- (eTTiarvAiov), or architrave, not of stone, but of
runt."* timber.
Rows of columns were often employed within a Columnsin long rows were used to convey water
building to enclose a space open to the sky. Beams
1
in aqueducts, and single pillars were fixed in har-
supporting ceilings passed from above the columns bours for mooring ships. 4 Some of these are found
to the adjoining walls, so as to form covered passa-yet standing.
ges or ambulatories (aroai). Such a circuit of col- Single columns were also erected to commemo-
umns was called a peristyle (mpiaruhov), and the rate persons or events. Among these, some of the
Roman atrium was built upon this plan. The lar- most remarkable were the columns rostrata, called
gest and most splendid temples enclosed an open by that name because three ship-beaks proceeded
space like an atrium, which was accomplished by from each side of them, and designed to record suc-
placing one peristyle upon another. In such cases, cessful engagements at sea (navali surgenles art
the lower rows of columns being Doric, the upper columna*). The most important and celebrated of
were sometimes Ionic or Corinthian, the lighter be- those which yet remain is one erected in honour of
ing properly based upon the heavier.
6
A
temple so the consul C. Duillius, on occasion of his victory
constructed was called hypathral (vnaidpos). over the Carthaginian fleet, B.C. 261 (see the an-
On the outside of buildings columns were by no nexed woodcut). It was originally placed in th
means destitute of utility. But the chief design
in erecting them was the attainment of grandeur
and beauty and, to secure this object, every cir-
;
physical property of the hair itself, or from some pe- irMxpos,* ^Atdot',* the hair which falls in ringlets,
either natural or artificial, which was sometimes
culiarity in the mode of arranging it, the principal
of which are as follow 1. 'EOeipa,* a head of hair
:
called ftoarpvxof and TrAwca/wf.* All these terms,
when carefully dressed. 3 2. Xairtj, properly the when strictly appropriated, seem to designate that
mane of a horse or lion, is used to signify long flow- singular style of coiffure which is observable in
ing hair.* 3. $66ij, when accurately used, implies Etruscan and early Greek works, and common to
the hair of the head in a state of disorder incident both sexes, as is seen in the casts from the temple
to a person under a sense of fear. 5 4. HOKUS, from of Jupiter Panhellenius in the British Museum.
neiKu or TT&cu, 6 the hair when combed and dressed. 7 Besides the generic coma, the Romans made use
5. Qpit;, a general term for hair, from the of the following terms, expressive of some peculiar
plural of
which the Romans borrowed their word tricce 8 in the hair, or particular mode of
rpt- qualities :
arrange-
%ume and rpixufta are used in the same sense. 9 6. ment 1. Capillus, according to the old etymolo :
Pers., 664.) 11. (Thucyd., i., 6 ^12. (Schol. ad Thucyl., 1. c.) dendorp.) 12. (Nonius, s. v. Lucil., Sat., xv.)13. (Pollux
-13. (Chamber xii., N? \Q ) 14. (Thucyd., i., 6. Virg., Ciris, Onom., vii., 95 x., 170014. (Apul., 1. c. Isidor., Oiig.,
;
x.
s
138.) 31.) 15. (Chamber V No. 22. Compare xi., 23.)
291
COMA. COM A.
of Jupiter is formed, particularly in the disposition from a very beautiful and earh Greek sculpt are LD
of the hair, which rises from the forehead, and falls
back in loose curls down the sides of the face, until
it forms a junction with the beard. This is illus-
trated by the next two woodcuts, one of which is
from a statue of Jupiter in the Vatican, supposed to
be a copy of the Phidian Jove and the other is a
;
1
lion' 3 head, from the British Museum. The same
seen in statues of Diana are works of a later age. close in mourning ;* but, subsequently, this practice
Fair hair was much esteemed both by the Greeks was more
exclusively confined to the women, the
and Romans hence, in some of the statues, the hair men
leaving theirs long and neglected,* as was the
;
and both sexes dyed their hair when it grew gray. 3 hair of the males was suffered to
grow long an ing
False hair, or wigs, QevaKT), KTIVKTJ, nopai npoaOe- both
nations, when it was clipped and dedicated to
TCU, rpixEf TtpoadETai, galerus, were also worn by the some river or deity, from thence called
3 Kovporpo^os
people tif both countries. 7
by the poets, and, therefore, to cut off the hair
In very early times the Romans wore their hair means to take the 8
At Athens this
toga virilis.
long, as was represented in the oldest statues during ceremony was performed on the third day of the
the age of Varro, 4 and hence the Romans of the festival
Apaturia, which is therefore termed Kovps
Augustan age designated their ancestors intonsi* UTtf.
and capillati.* But this fashion did not last after In both countries the slaves were shaved as a
the year B.C. 300, as appears by the remaining mark of servitude. 9
works of art. The women, too, dressed their hair The vestal virgins also cut their hair short upon
with simplicity, at least until the time of the em-
taking their vows which rite still remains in the ;
AtarnvticKu and <btva.KiaQfVTts. Xen., Cyrop., i., 3, (f 2. Polyb., (Anthol., Epig. Antiph. Th., 21. Mart., Epig., I., xxxu., 1,
iii., 78. Juv., Sat., vi., 120.) 4. (De Re Rust., II., xi., 10.) IX., xvii., 1.) 8. (Id., IX., xxxvii., 11.) 9. (Ai toph., Ave,
6. (Ovid, Fast , ii., 30.) 6. (Juv., Sat., vi , 30.) 7. (Art. Am., Oil. Plaut., Amph., I., i., 306. Compare Lucai i., 442. Pr-
,
*COM'AROS (Ko/xapof), the wild Strawberry-tree, nas comes to Trimalchio's house after taking hie
or Arbutus Unedo. (Vid. ARBUTUS.) ccena elsewhere, it is said that " Comissafar intra-
1
*COMBRETUM, a plant mentioned by Pliny, nt."*- It appears to have been the custom to par
who makes it closely resemble the Bacchar. Mod- ake of some food at the comissatio, 2 but usually
em botanists, however, taking Pliny's own descrip- only as a kind of relish to the wine.
tion as their guide, do not agree with him in opin- The comissatio was freque itly prolonged to a
ion on this head. Caesalpinus makes the Combre- ate hour at night 3 whence the verb comissan
;
" to
tum (written sometimes Combetum) to be the same means revel,"* and the substantive cnmissator
" reveller" or " debauchee." Hence Cicero* calls
with a species of rush, called in Tuscany Hcrba lu- i
ziola, and which has been referred to the Luzeola he supporters of Catiline's conspiracy comissatoret
a 6
maxima, L. conjurationis.
*COME a plant, the same with the rpayo-
(/cop?), COMI'TIA, or public assemblies of the Roman
Kuyuv, or Crocifolium Tragopogon, so called from >eople (from cam-eo for coeo), at which all the most
its leaves resembling those of the Crocus. Sibthorp mportant business of the state was transacted, such
3
found it growing in Cyprus. as the election of magistrates, the passing of laws,
COMES. The word comes had several meanings he declaration of war, the making of peace, and,
in the Latin of the Middle Ages, for which the read- n some cases, the trial of persons charged with
er is referred to Du Fresne's Glossary and Supple- public crimes. There were three kinds of comitia,
ment, s. v. In classical writers, and even to the according to the three different divisions of the Ro-
end of the fourth century, its senses are compara- man people.
tively few. I. The COMITIA CURIATA,
or assembly of the cu-
First it signified a mere attendant or companion, which is assigned to Romulus.
ria, the institution of
distinguished from socius, which always implied II. The COMITIA CENTURIATA, or assembly of the
some bond of union between the persons mention- Centuries, in which the people gave their votes ac-
ed. Hence arose several technical senses of the cording to the classification instituted by Servius
word, the connexion of which maybe easily traced. Tullius.
It was applied to the attendants on magistrates, III. The COMITIA TRIBUTA, or assembly of the
in which sense it is used by Suetonius.* In Hor- people according to their division into the local
ace's time it was customary for young men of fam- ;fibes. The first two required the authority of the
5
ily to go out as contubernales to governors of prov- senate, and could not be held without taking the
inces and commanders-in-chief, under whose eye auspices; the comitia tributa did not require these
they learned the arts of war and peace. This seems sanctions. We shall consider the three assemblies
to have led the way for the introcuction of the co- eparately.
mites at home, the maintenance of whom was, in I. COMITIA CURIATA. This primitive assembly
Horace's opinion, one of the miseries of wealth. of the Romans originated at a time when there was
6
Hence a person in the suite of the emperor was no second order of the state. It was a meeting ol
termed comes. As all power was supposed to flow the populus, or original burgesses, assembled in their
from the imperial will, the term was easily trans- tribes of houses, and no member of the plebs could
ferred to the various offices in the palace and in the vote at such a meeting. The ancient populus ol
provinces (comites palatini, provinciates). About the Rome consisted of two tribes the Ramnes or Ram- :
time of Constantino it became a regular honorary nenses, and the Titienses or Tities, called after the
*itle, including various grades, answering to the co- two patronymic heroes of the state, Romus, Remus,
mites ordinis primi, secundi, tertii. The power of 01 Romulus, and Titus Tatius ; to which was sub-
these officers, especially the provincial, varied with sequently added a third tribe, the Luceres or Lucer-
time and place some presided over a particular enses. Of these last Festus says, in a passage of
;
"
department with a limited authority, as we should some interest and importance, Lucereses et Luce-
term them, commissioners; others were invested res, qua pars tertia populi Romani est distributa a
with all the powers of the ancient proconsuls and Tatio et Romulo, appellati sunt a Lucero, Ardea rege,
praetors. qui auxilic run Romulo adversus Tatium bellanli."
The names of the following officers explain them- From which it may be inferred, that as the Tities
selves :Comes Orientis (of whom there seem to were Sabines, and the Ramnes the Romans proper,
have been two, one the superior of the other), comes so the Luceres were Latins or of a Tyrrhenian stock.
Egypti, comes Britannia, comes Africa, comes rei be observed, also, that in this passage of Fes-
It will
militaris, comes portuum, comes stabuli, comes domes- name of Tatius is placed first; so, also, in
tus 'the
ticorum equitum, comes clibanarius, comes lintece ves- the same author 7 we have, " Quia civitas Romano,
tis or vestiarii (master of the robes). In fact, the in sex est distributa partis, in primos secundosque
emperor had as many comites as he had duties :
Titienses, Ramnes, Luceres." This seems to point
thus, comes consistorii, the emperor's privy-council- to a tradition rather inconsistent with the supposed
"
lor ; comes largitionum
privatarum, an officer who precedency of the haughty Ramnes" (cclsi Ram-
managed the emperor's private revenue, as the, co- nes 6 ).
mes largitionum sacrarum did the public exchequer. The different nations of antiquity had each of
The latter office united, in a great measure, the them own
regulative political number, or nu-
their
functions of the sedile and quaestor. The four comi- merical basis and as 3x4 was this basis \vith the ;
tes commerciorum, to whom the government Ionian tribes, so 3x10 seems to have been the ba-
granted
sis of the Roman state-system.
9
the exclusive privilege of trading in silk with bar- The Athenian so-
barians, were under his control. lar year consisted of 365 days ; the Roman cyclic
COMISSA'TIO (derived from Kt^o? ), the name year of 304 and 360, the number of the houses or
7
;
of a drinking entertainment, which took place after clans at Athens, bears the same relation to the for-
the ccena, from which, however, it must be distin- mer year that 300, the number of Roman houses,
guished. Thus Demetrius says to his guests, after does to the latter. The three original tribes of the
"
they had taken their ccena in his own house, Quin populus or patres were divided into 30 curia, and
ommissatum ad fratrem imus ?"" and when Habin
1. (Petron., 65.) 2. (Suet., Vitell., 13.) 3. (Suet., Tit., 7.;
1. (H. N., xxi., 6.) 2. (Plin., ed. Panckoucke, vol. xiii., p 4. (Hor., Carm., IV., i., 11.) 5. (Ep. ad Alt., i., 16.) &
4580-3. (Billcrbeck, Flora Classica, p. 201.) 4. (Jul., 42.) (Becker, Callus, vol. ii., p. 235.)- -7. (s. r. Sex Vesta- Sacerdo
5 (Epist., I., viii., 2.) 6. (Sat., I., vi., 101.) 7. (Varro, De tes.) 8. (Niebuhr, Hist. Rom., i., p. 300.) 9 (Vid. Nsw Cn
Lin?. Lt., vii., 89, eJ. Miillcr.) 8. (Liv., xl., 7.) tylus, p. 186.)
294.
COMITIA. COMITIA.
likely their relation to the patronus, or man of the question to be proposed had relation to sacred rights,
curia, was analogous to that subsisting between the the pontifices presided. They voted, not by houses,
resident alien and his irpoardTijc. in a Greek state. but by curia; this was
probably the reason why
These clients belonged to the gentes of their pa- Tarquinius was careful not to alter the number of
trons as, however, the clients and the descendants the curiae when he increased the number of the
;
of freedmen were classed among the aerarians in tribes. In after times, when the
meetings of the
reference to the franchise at the comitia majora, it comitia curiata were little more than a matter of
is exceedingly improbable that
they would vote with form, their suffrages were represented by the thirty
their patroni at the comitia curiata. From the num- lictors of the
curies, whose duty it was to summon
ber of houses which they contained, the patrician the curia, when the
meetings actually took place,
tribes were called centuries ;* and the three new just as the classes in the comitia centuriata were
1
altered, but 5 curiae instead of 10 being reckoned to o give the chief weight in the state to wealth and
the century. 2. But more probably the houses had lumbers rather than to birth and family preten-
fallen short. Suppose there were now only 5 to ions. With a view to this, he formed a plan, by
the curia. Then, if the 150 houses were collected virtue of which the people would vote on all impor
into half the number of curiae, the
remaining 15 cu- tant occasions according to their equipments when
ria? might be filled up with
newly-adopted houses, on military service, and according to the position
the ancient proportion of 10 houses to a curia re- which they occupied in the
great phalanx or army
maining undisturbed. "This latter hypothesis," of the city in other words, according to their prop-
:
7 "
says Niebuhr, is confirmed, and almost establish- rty for it was this which enabled them to
;
equip
ed, by the statement that Tarquinius doubled the themselves according to the prescribed method. In
senate, raising the number from 150 to 300 ; only many of the Greek states the heavy-armed soldiers
here two changes are confounded, between which were identical with the citizens
possessing the full
a considerable interval would probably elapse " Al- franchise ; and instances occur in Greek
history
though the number of patrician curiae remained un- when the privileged classes have lost their preroga-
changed by this measure of Tarquinius, it seems in- ives, from putting the arms of a full citizen into the
dubitable that it was considered as an increase in lands of the
commonalty ; so that the principle
the number of the patrician tribes of houses, as, in- which regulated the votes in the state
by the ar-
deed, the name implies, and as Festus, quoted rangement of the army of the state, was not pecu-
9
il&r army, with its cavalry, heavy-armed infantry, and third classes furnished 20 centuries apiece, t. ft,
reserve, carpenters, musicians, and baggage-train. twice the number of their junior votes, and 10 from
The cavalry included, first, the six equestrian cen- each class stood among the triarii, the rest being
turies, or the sex sufragia, which made up the body hastati with shields the fourth class supplied 10
;
of the populus, and voted by themselves in the comi- centuries, the number of its junior votes, who form-
tia curiata ; to which were added
twelve centuries ed the hastati without shields the fifth class fur-
;
of plebeian knights, selected from the richest mem- nished 30 centuries, twice the number of its junior
bers of the commonalty. The foot-soldiers were votes, who formed the 30 centuries o rorarii. To
organized in the following five classes: 1. Those these were added 10 turnuz of cavalry, jr 300 men.
whose property was at least 100,000 asses, or pounds' This was the division and arrangement of the army
weight of copper. They were equipped in a com- as a legion. But when it was necessary to vote iir
plete suit of bronze armour. In order to give their the camp, they would, of course, revert to the prin-
wealth and importance its proper political influence, ciples which regulated the division of the classes
they Avere reckoned as forming 80 centuries, name- for the purpose of voting at home, and would re-
ly, 40 of young men ( junior es) from 17 to 45, and unite the double contingents. In this way, we have
40 of older men (seniores) of 45 years and upward. 85 centuries of junior votes, or 90 with the five
2. Those whose property was above 75,000 and unclassed centuries that is to say, we have again
;
under 100,000 asses, and who were equipped with 3x30, the prevailing number in Roman institutions.
the wooden scutum instead of the bronze clipeus, Of these, the first class with the fabri formsd 41
but had no coat of mail. They made up 20 centu- centuries, leaving 49 for the other centuries hut ;
ries, 10 of junior e,s and 10 of senior es. 3. Those with the first class the 10 turmce of the cavalry
whose property was above 50,000 asses and below would also be reckoned as ten centuries, and the
75,000, and who had neither coat of mail nor greaves. first class would have 51, thus exceeding the other
between 12,500 and 25,000 asses, and who were their military organization, they were summoned
armed with slings and darts. They formed 30 cen- by the sound of the horn, and not by the voice of
turies. The four classes composed the pha-
first the lictors, as was the case with the comitia curi-
lanx, the fifth class the light-armed infantry. Those ata.
citizens whose property fell short of the qualification On the connexion of this division into centuries
for the fifth class were reckoned as supernumera- with the registration of persons and property, see
ries. Of these there were two centuries of the ac- CENSORS and CENSUS. The general causes of as-
censiand velati, whose property exceeded 1500 as- sembling the comitia centuriata were, to create ma-
tes one century of the proletarii, whose property
; gistrates, to pass laws, and to decide capital causes
was under 1500 asses and above 375 and one cen- ;
when the offence had reference to the whole na-
tury of the capite-censi, whose property fell short of tion, and not merely to the rights of a particular
375 asses. All these centuries were classed ac- order. They were summoned by the king, or by
cording to their property but, besides these, there
: the magistrates in the Republic who represented
were three centuries which were classed according some of his functions, that is, by the dictator, con
to their occupation the fabri, or carpenters, attach-
:
suls, praetors, and, in the case of creating magrs-
ed *,o the centuries of the first class the cornicines,
; trates, by the interrex also. The praetors could
or horn-blowers, and the tubicines or liticines, the only hold the comitia in the absence of the consuls,
trumpeters, who were reckoned with the fourth or, if these were present, only with their permis-
class. Thus there would be in all 195 centuries, sion. The consuls held the comitia for the appoint-
18 of cavalry, 140 of heavy infantry, 30 of light in- ment of their successors, of the praetors, and of the
fantry, four of reserve and camp-followers, and three censors. It was necessary that seventeen days'
of smiths and musicians. In voting, it was intend- notice should be given before the comitia were held.
ed to give the first class and the knights a prepon- This interval was called a trinundinum, or " the
derance over the rest of the centuries, and this was "
space of three market-days" (Ires nundina, three
effected as we have just mentioned for the first ; ninth-days"), because the country people came to
class, with the knights and the fabri, amounted to Rome to buy and
sell every eighth day, according
99 centuries, and the last four classes, with the to our mode
of reckoning, and spent the interval of
supernumeraries and musicians, to 96 centuries, seven days in the country (reliquis septcm rura cole-
who were thus outvoted by the others, even though bant 1 ). The first step in holding the comitia was to
they themselves were unanimous. See the remark- take the auspices. The presiding officer, accom-
able passage from Cicero, 1 most ingeniously re- panied by one of the augurs (augure adhibito), pitch-
stored by Niebuhr.* Even if we suppose that the ed a tent (tabcrnaculum cepit) without the city, for
fabri were expected to vote rather with the lower the purpose of observing the auspices. If the tent
classes than with the first class to which they were was not pitched in due form, all the proceedings of
assigned, the first class, with the knights, would the comitia were utterly vitiated, and a magistrate
still have a majority of one
century. The same elected at them was compelled to abdicate his of-
8 "
principle was observed when the army was serving fice, as in the case mentioned by Livy, Non tamen
in the field. As the centuries of seniores consisted pro firmato stetit magislratus ejus jus : quia tcrtio
of persons beyond the military age, the juniores mense, quam inierunt, augurum decreto, perindc ac
alone are to be taken into the account here. The vitio creati, honore abiere : quia C. Curtius, qui comi-
first class sent its 40 centuries of juniores, of which tiis eorum
preefuerat, parum recte tabernaculum
ce-
30 formed the principes, and 10 were posted among pisset."* The comitia might also be broken off by a
the triarii, who, as Niebuhr suggests, probably owed tempest by the intercession of a tribune if the
;
;
their name to the fact that they were made up out standard, which was set up in the Janiculum, was
of all the three heavy-armed classes the second taken down or if any one was seized with the epi
; ;
" lie in
videtur, discedite, Quirites," or suffragium, a capital offence against the whole nation, when
bene jurantibus diis, et qu<R patres censuerunt, vos they decided alone. The plebeians originally made
jubete."
1
The order in which the centuries voted their testaments at the comitia centuriata, as the pa-
was decided by lot and that which gave its vote tricians did theirs at the comitia curiata ; and as the
;
ma de magistratibus mandandis ea est Gabinia, till B.C. 491, when the plebs had acquired some
;
lata ab homine ignoto et sordido. Secuta biennio considerable influence in the state. They were an
post Cassia est, de populi judicio, a nobili homine assembly of the people according to the local tribes,
lata L. Cassia, sed (pace familiae dixerim) dissidente into which the plebs was originally divided for the :
a bonis atque omnes rumusculos populari ratione plebs or commonalty took its rise from the formation
aucuparite. Carbonis est tertia, de jubendis legibus of a domain or territory, and the tribes of the com-
et vetandis, seditiosi atque improbi civis, cui ne re- munity or pale-burghers were necessarily local, that
ditus quidem ad bonos salutem a bonis potuit afferre. is, they had regions corresponding to each of them ,
the old law." Most of the terms are given in the fol- or praetors might preside at the comitia tributa, il
5 "
lowing passage of Cicero Quuoi dies venisset
:
they were called for the election of other inferior
rogHioni ex S. C. ferendae, concursabant barbatuli magistrates, such as the quaestor, proconsul, or pro-
juvenes, et populum, ut antiquaret, rogabant. Piso iraetor, who were also elected at these comitia.
autem consul, lator rogationis, idem erat dissuasor. The place of meeting was not fixed. It might be
Operae Clodinae ponies occuparant tabella, ministra- : the Campus Martius, as in the case of the comitia
bantur, ita ut nulla daretur UTI ROOAS." In the old majora, the Forum, or the Circus Flamininus. Their
system of polling, each citizen was asked for his "udicial functions were confined to cases of lighter
vote by an officer called rogator, or "the polling- mportance. They could not decide in those refer-
clerk.'" Under the ballot system they threw which- ring to capital offences. In their legislative capa
ever tabella they pleased into a box at the entrance " decrees of the
city they passed plcbiscita, or plebs,''
of the booth, and certain officers, called custodes, which were originally binding only on themselves.
were standing to check off the votes by points At last, however, the plebiscita were placed on th<
(puncta) marked on a tablet. Hence punctum is same footing with the leges, by the Lex Hortensia
used metaphorically to signify " a vote," as in Hor- B.C. 288), and from this time they could pass
1. (Lir., xxxi., 7.) 2. (Liv., v., 18.) 3. (Liv., xxvii., 6.) 4. 1. (Epist.,11., ii., 99.) P>
2. (Epist. a<] ,341-343.) 3. (Cic
De Leg., iii., 18, 35.) 5. (Ep. ad Alt., i., 14.) 6. (Cic., De n Pis., 15. Post. ReO. in Sen., 11.)- 4. (Niebnhr, i., p. 474.1-
Lvv ,i., 17 ii., 35.
;
De Nat. Deor., ii., 4.) .
(Niebuhr. i., p 408-411.) 6. ('' 12.)
PP 297
COMMISS. illA LEX. COMCEDIA.
whatever legislative enactments they pleased, with- COMMU'NI DIVIDU'NDO A'CTIO i fc one o
1
out or against the authority of the senate. those actions which are called mixtae, from the ci
COMMEA'TUS, a furlough, or8 leave of absence cumstance of their being partly in rem and partly ii
from the army for a certain time. If a soldier ex- personam ; and duplicia judicia, from the circuttt
ceeded the time allowed him, he was punished as stance of both plaintiff and defendant being equall>
a deserter, unless he could show that he had been interested in the matter of the suit, though the per
1
detained by illness, or some other cause, which ab- son who instituted the legal proceedings was proper
3
solutely prevented his return. ly the actor. This action was maintainable betweei
OOMMENTA'RIUS or COMMENTA'RIUM those who were joint owners of a corporeal thing
meant a book of memoirs or memorandum-book, which accordingly was called res communis ant ;
where*: the expression Caesaris Commentarii (Hinc it was maintainable whether they were owners
Casar libros de beltis a se gestis commentaries in- (domini), or had merely a right to the publiciana
essent omm ornatu orationis, lan- actio in rem and whether they were socii, as in
scripsit, quod nudi ;
yer's brief, the notes of a speech, &c. case of a thing bequeathed to them (legato) by a
In the Digest the word commentaricnsis frequent- testament but the action could not be maintained ;
commit a crime," or " to do something wrong." might be made, for the judex was bound to make
Asconius says that those things are commissa partition in the way that was most to the advantage
which are either done or omitted to be done by a of the joint owners, and in the way in which they
heres against the will of a testator, and make him agreed that partition should be made ; and it ap-
subject to a penalty or forfeiture thus, cornmissa pears that the joint owners might bid for the thing,
;
hereditas would be an inheritance forfeited for some which was common property, before the ; adex. If
act of commission or omission. Cicero 9 speaks of the thing was one and indivisible, it was adjudica
an hypothecated 'thing becoming cornmissa ; that is, ted to one of the parties, and he was ordered to pay
becoming the absolute property of the creditor for a fixed sum of money to the other or others of the
lefault of payment. A thing so forfeited was said parties. This action, and that of families erciscun-
in commissum incidere or cadere. Commissum was dae, bear some resemblance to the now abolished
also applied to a thing in respect of which the vec- English writ of partition, and to the bill in equity
tigal was not paid, or a proper return made to the for partition.*
publicani. A
thing thus forfeited (vectigalium nom- COMMODA'TUM
is one of those obligationea
ine) ceased to be the property of the owner, and which are contracted re. He who lends to another
was forfeited, under the Empire, to the fiscus. 10 a thing for a definite time, to be enjoyed and used
COMMISSO'RIA LEX
is the term applied to a under certain conditions, without any pay or reward,
clause often inserted in conditions of sale, by which is called commodans ; the person who receives the
a vendor reserved to himself the privilege of re- thing is called commodatarius ; and the contract is
scinding the sale if the purchaser did not pay his called commodatum. It is distinguished from mu-
purchase-money at the time agreed on. The lex tuum in this, that the thing lent is not one of those
commissoria did not make the transaction a condi- things quce pondere, numero, mensurave constant, as
tional purchase for in that case, if the property wine, corn, &c.
;
and the thing commodata does ;
were placed in the hands of the purchaser, and not become the property of the receiver, who is
damaged or destroyed, the loss would be the loss of therefore bound to restore the same thing. It dif-
the vendor, inasmuch as the purchaser, by non-pay- fers from locatio et conductio in this, that the use
ment of the money at the time agreed on, would of the thing is gratuitous. The commodatarius is
fail to perform the condition but it was an abso- liable to the actio comtnodati if he does not restore
;
lute sale, subject to be rescinded at the pleasure of the thing and he is bound to make good all injury
;
the vendor if the money was not paid at the time which befalls the thing while it is in his possession,
agreed on, and, consequently, if after this agreement provided it be such injury as a careful person could
the property was in the possession of the vendor, have prevented, or provided it be any injury which
and was lost or destroyed before the day agreed on the thing has sustained in being used contrary to
for payment, the loss fell on the purchaser. If the the conditions or purpose of the lending. In some
purchaser intended to take advantage of the lex cases the commodatarius had an actio contraria
commissoria, it was necessary that he should de- against the commodans, who was liable for any in-
clare his intention as soon as the condition was jury sustained by the commodatarius through his
agreed on. If he received or claimed any part of dolus or culpa as, for instance, if he knowingly ;
the purchase-money after the day agreed upon, it lent him bad vessels, and the wine or oil of the com-
was held that he thereby waved the advantage of modatarius was thereby lost or injured.*
the lex commissoria. (Vid. PIGNUS.)
U COMCEDIA (Ku/nudia), a branch of dramatic po-
etry, which originated in Greece, and passed from
L (Gains,i., 1.) 2. (Tacit., Ann., xv., 10. Liv., iii., 46.)
3. (Paulus, Dig. 50, tit. 16, s. 14.) 4. (Cic., Brutus, c. 75.) 5.
thence into Italy.
(Sen. in prooem., lib. iii., excerp. controv.) 6. (v., 4.) 7. (He-
sych. et Du Fresne, s. v.) 8. (in Verr., iii., 28.) 9. (Ep. ad 1. 2. iv., 42.) 3. (Dig. 10, tit. 3.
(Gaius,iv., 160.) (Gaius,
Fam., xiii., 56.J-10. (Dig. 39, tit. 4. Suet., Calig., 41.) 11. Cic., Ep. ad Fam., vii., 12. B icton, v., c 33.)-4 (Dig 13.
(Dig. 18, tit. 3.) tit. 6.- Instil., iii., 14. 2 i
298
COMCEDIA. COMCED1A.
I. GREEK COMEDY, like Greek tra&euy, arose tragedy was a union of the epic rhapsody with tut
from the worship of Bacchus but comedy sprang ; dithyrambic chorus. This old comedy ended with
from a more ancient part of Bacchic worship Aristophanes, whose last productions are very dif
than tragedy. A band of Bacchic revellers natu- ferent from his early ones, and approximate rather
their song or hymn
rally formed a comus (xw/zof) ; to the middle Attic comedy, which seems to have
was properly a Kufiudia, or " comus-song," and it sprung naturally from the old, when the free demo
was not till a comparatively late period that the which had fostered its predecessor was
cratic spirit
Bacchic ode or dithyramb was performed by a reg- broken and quenched by the events which followed
ular chorus. From this regular chorus the Tragedy the Peloponnesian war, and when the people of
of Greece arose (aid. CHORUS) and to the old co- ; Athens were no longer capable of enjoying the wild
mus of the Bacchic or phallic revellers we may as- license of political and personal caricature. The
sign the origin of comedy. It is true that Aristotle middle Attic comedy was employed rather about
" a
derives comedy from KW/ZT?, village ;" so that criticisms of philosophical and literary pretenders,
" the and censures of the foibles and follies of the whole
KUjiydla is village song :" but this etymology,
like so many others proposed by Greek authors, is classes and orders of men, than about the personal
altogether inadmissible, however much it may be caricature which formed the staple of the old com-
in accordance with the fact that the Bacchic comus edy. The writers of the middle comedy flourished
did go about from village to village it was a village between B.C. 380 and the time of Alexander the
or country amusement but it is clear, from the
; Great, when a third branch of comedy arose, and
manner in which Athenian writers speak of this was carried to the greatest perfection by Menander
Bacchic procession, that it was a comus thus, in and Philemon. The comedy of these writers, or
;
an old haw, quoted by Demosthenes, 1 'O /cw/zof K<U the new comedy, as it is called, went a step farther
4>aA^f, Iralpe Ba- than its immediate forerunner: instead of criticising
8
oi Ku/z<j>(W, and Aristophanes,
Xtov, fuyKtyze and as the tragedy sprang from the some class and order of men, it took for its object
:
recitations of the leaders (oi Zt-upxavTec.) in the dith- mankind in general it was, in fact, a comedy of ;
yramb, so this comus-song, as a branch of dramatic manners, or a comedy of character, like that of Far-
poetry, seems to be due to analogous effusions of quhar and Congreve the object of the poet was, ;
the leaders in the phallic comus and thus Antheas by some ingeniously-contrived plot and well-ima-
;
3
the Lindian, according to Athenaeus, Kal Kupydiac. gined situations, to represent, as nearly as possible,
eiroiEt Kal u/l/la TTO/M.U iv TOVTCJ T> rpoTTQ TUV Troii)- the life of Athens as it went on around him in its
puTuv, a i-S;ijpx Tolf per' aurov <j>a^o<f>opovai. every-day routine hence the well-known hyberbole ;
This branch of Greek drama was first cultivated addressed to the greatest of the new comedians
oy the Icarians, the inhabitants of a little village in oi
Mevavdpe Kal (lie,
Attica, which claimed to have been the first to re- Trdrepof up' vfiuv norepov kuifiriaaTo.
ceive the worship of Bacchus in that part of Greece ;
was sometimes substituted for the mask worn by even the comic chorus, which had succeeded and
the w/zof, but only marked the inter-
the Kuuudoi, when they afterward assumed the form superseded
vals between the acts by some musical voluntary
of a regular chorus. The Dorians of Megara seem
or interlude. It belongs to a history of Greek lit-
to have been from the first distinguished for a vein
of coa*se jocularity, which naturally gave a pecu- erature,
and not to a work of this nature, to point
out the various steps by which Attic comedy passed
liar turn to the witticisms of the comus among
from its original boisterous and almost drunken
them; and thus we find that comedy, in the old
with its personal invective and extrav-
sense of the word, first came into being among the merriment,
and their Sicilian colonists.* Susarion agant indecency, to the calm and refined rhetoric
Megarians of Philemon, and the decent and good-tempered
flourished in the time of Solon, a little before Thes-
but he seems to have stood quite alone and, Epicureanism of Menander still less can we enter ;
pis, ;
here upon the literary characteristics of the differ-
indeed, it is not likely that comedy, with its bold
much ent writers whose peculiar tendencies had so m. -h
spirit of caricature, could have thriven during
influence on the progressive development of this
the despotism of the Peisistratidae, which followed
branch of the drama. It is sufficient for our pur-
so close upon the time of Susarion. The very same
to point out generally the nature of Greek
Causes which might have induced Peisistratus to pose
comedy, as we havo done above, and to enable the
encourage tragedy, would operate to the prevention
student to discriminate accurately between the out-
of comedy and, in fact, we find that comedy did
;
ward features of Greek comedy and tragedy.
not thoroughly establish itself at Athens till after
the democratical element in the state had com-
The dance of the comic chorus was called the
asserted its over the old aris- Kopdat;, and was of the most indecent description ;
pletely pre-eminence
the gestures, and, indeed, the costumes of the cho-
tocratic principles, namely, in the time of Pericles.
The first of the Attic comedians, Chionides, Ec- reutae, were such that even the Athenians consid-
ered it justifiable only at the festival of Bacchus,
phantides, and Magnes, flourished about, the time
of the Persian war and were followed, after an when every one was allowed to be drunk in hon-
;
our of the god for, if an Athenian citizen danced
interval of thirty years, by Cratinus, Eupolis, and ;
nave seen, in Megaris, and which probably was the himself terms a tragico-comcedia, is an imitation of
parent stock, not only of the Attic, but also of the Rhinthon or of Epicharmus. That Plautus did imi-
Sicilian and Italian comedy. tate Epicharmus is clear from the words of Horace :*
" Dicitur .... Plautus ad
The comic chorus consisted of twenty-four per- exemplar Sicili properart
sons, e., of half the number
i. of the full tragic cho- Epicharmi ;" and A. W. Schlegel would infer from
rus ; and as the comedians did not exhibit with this passage alone that the Amphitryo was borrowed
short introduction in trochaic or anapaestic verse. to have been Roman, and it was only in the method
2. A long system of anapaestic tetrameters, called and plan that they made the Greek comedians their
the nvtyof or the fiaKpov. 3. A
lyrical strophe, model. For this, also, we have Horace's testimony .*
generally in praise of some divinity. 4. The Enip- " Nil intcntatum nostri
liquere po'eta :
j%*a, consisting, according to the rule, of sixteen Nee minimum meruere decus, vestigia Graeca
trochaic verses % in which the chorus indulged in Ausi deserere, et celebrare domestica facta,
witticisms directed against some individual, or even Vel qui praetextas, vel qui docuere togatas."
against the public in general. The parabasis, though The pratextata
a good deal refined by the better taste of Aristopha- fabula alluded to here was a sort of
history.
nes, Detained much of the abusive scurrility of the " The
1
c ! rustic comus so that we may regard it as the pratextata merely bore resemblance to a
tragedy it represented the deeds of Roman kings
;
:
only li ring representative of the old wagon-jests of and generals and hence it is evident that at least
;
the phallic procession in which comedy originated,
it wanted the unity of time of a Greek
and as the type of that predominant element in the tragedy
that it was a history, like Shakspeare's."* The
old comedy which the Roman satirist Lucilius made
grammarians sometimes speak of the pratextata as
the object of his imitation.
a kind of comedy, which it certainly was not. The
II. ITALIAN COMEDY may be traced, in the first
clearest statement is that of Euanthius (de fabula) :
instance, to the rude efforts of the Dorian comus in " Illud vero tenendurn
8 est, post veav nupuS'iav Lati-
Sicily. Ii has been shown by Miiller that even the
nos multa fabularum genera protulisse ut togatas, :
Gracum. Romanum.
first to last, most of the Latin comedies were
pro- Prtztextata.
Crepidata (rpayudia),
fessedly Greek in all their circumstances and the ;
Palliata (nafipdia), Togata, cujus alia tnibet-
translators or imitators, though many of them were
ta, alia tab(rr.ana.
men of great genius, did not hesitate to speak of
Satyrica (curvpoi'), Atellana.
themselves as baruari in comparison with their
Greek masters, and called Italy barbaria in compar-
Mimus (filuof), Planipes.
ison with Athens. 3 The Latin comedians, of whom
Neukirch* gives a wider extent to Roman comedy,
so that it includes all the other species of drama,
we can judge for ourselves, namely, Plautus and
with the exception of the crepidata andthe pratextata.
Terence, took their models chiefly from the new
comedy of Greece. The latter, as far as we know, 1. (Epist., II., i, 58.) 2. (Hor., Epist., II., i., 57.) 3. (Epist
ad Pison., 285, <fec.) 4. (Niebuhr, Hist. Rom., vol. i., p, 511
1. (Compare Athenajus, p. 21,D.) 2. (His' Lit. Gr., c. 6. (Dc Fabula Romanoruni t
zxix., 2.) 5. (Opuscula, v., p. 260.)
v 4 13. (Vid. Festus, p. 3ft 372, ed. MuUer gata, p. 58.)
800
COMPITALIA. CONCUBINA.
I. GR^ECI AROUMENTI. that is, festivals which were celebrated on days ap
1. Comcedia sive palliata, quae proprie dicitur. pointed annually by the magistrates or priests The
2. Tragico-comcedia sive R/iinthonica, Graeois, i exact day on which this festival wao celebrated
porpa-/<f)6ia, sive 'IraAt/c^ KUfi^dio- appears to have varied, though it was always in the
Dionysius says that it was celebrated a
1
3. Mimus, qui proprie dicitur. winter.
II. LATINI AROUMENTI. few days after the Saturnalia, and Cicero 9 that it
1. Trabeata. fell on the Kalends of January (the old editions
2. Togata quae proprie dicitur, sive tabernaria. read iii. Kal. Jan.) but in one of his letters to At-
;
COMOS (/cu/iof). (Vid. COMOSDIA, p. 299; CHO- oxybaphum, was three times the former (t=-1238
RUS, p. 247.) of a pint).*
COMPENSATIO is defined by Modestinus to be *CONCHA (Koyxi}), a term frequently applied,
debiti et crediti inter se contributio. Compensatio, like cmchylium, to shell-fish in general, but more
as the etymology of the word shows (pend-o), is the particularly to the Chama. Horace, it is probable,
act of making things equivalent. A person who means the Chama in the following line
" Milulua :
was sued might answer his creditor's demand, who et vites pellent obstanlia concha.'"''
was also his debtor, by an offer of compensatio (si *CONCHYL'IUM ( /coy^Aiov ). This term is
paratus est compcnsarc), which, in effect, was an sometimes used in a lax sense, as applied to the
offer to pay the difference, if any, which should Testacea in general, or to their shells separate from
appear on taking the account. The object of their flesh. 8 Xenocrates uses xoy^vAwcfyf in the
the compensatio was to prevent unnecessary suits same sense. 9 It is also applied to the Purpura in
and payments, by ascertaining to which party a particular, and likewise to the purple colour formed
balance was due. Originally, compensatio only from it. According to Aldrovandus, Horace applies
took place in bonae fidei judiciis and ex eadem cau- it to oysters in the following line " Miscueris elix* :
principal's debt, might have compensatio, either in yap iraipas qdovfjf Ivta' kxop.v ruf 6e vra/l/la/caf, Trjf
'
respect of a debt due by the claimant to himself or rjfiepav depaneiae TOV aufiarog rug 6e -yvvaiKac., :
to his principal. It was a rule of Roman law, that TOV iraidoKOieladai yv^aiug Kal TUV evdov <j>vXaKa Ttia-
there could be no compensatio where the demand TT/V ex lv Thus Antiphon speaks of the Tra/Ma/o?
-
could be answered by an exceptio peremptoria for of Philoneos as following him to the sacrifice, 18 and
;
the compensatio "admitted the demand, subject to also waiting upon him and his guest at table. 13 If
the proper deduction, whereas the object of the ex- tier person were violated by force, the same penaltj
ceptio was to state something in bar of the demand. was exigible from the ravisher as if the offence had
Set-off in English law, and compensation in Scotch been committed upon an Attic matron and a man ;
1
law, correspond to compensatio. surprised by the quasi-husband in the act of cri \\
COMPITA'LIA, also called LUDI COMPITA- nal intercourse with his jraAAa^, might be slain by
14
LICII, was a festival celebrated once a year in him on the spot, as in the parallel case. (Vid.
honour of the lares compitales, to whom sacrifices ADULTERIUM.) It does not, however, appear very
were offered at the places where two or more ways Nearly from what political classes concubines were
met (" Compitalia, dies atlributus laribus compitali- ;hiefly selected, as cohabitation with a foreign (&VTI)
bus ; idea ubi vice competunt, turn in compelis sacrifi- woman was strictly forbidden by law, 15 and the pro-
Quotannis is dies concipitur" ). This festival visions made by the state for virgins of Attic fami-
catur. 3
is said by some writers to have been instituted by ies must in most cases have prevented their sinking
Tarquinius Priscus in consequence of the miracle to this condition. Sometimes, certainly, where
attending the birth of Servius Tullius, who was there were several destitute female orphans, this
supposed to be the son of a lar familiaris. 3
We
might take place, as the next of kin was not obliged
learn from Macrobius* that the celebration of the to provide for more than one and we may also ;
compitalia was restored by Tarquinius gtaperbus, conceive the same to have taken place with respect
who sacrificed boys to Mania, the mother of the to the daughters of families so poor as to be unable
lares but this practice was changed after the ex- ,o supply a dowry. 16 The dowry, in fact, seems to
;
pulsion of the Tarquins, and garlic and poppies lave been a decisive criterion as to whether the
offered in their stead. In the time of Augustus,
the lu:i compitalicii had gone out of fashion, but 1. (iv., p. 219.) 2. (in Pison., c. 4.) 3. (vii., 7.)-4. (Sat.,
were restored by him. 5 ., 4.) 5. (x., 24.) 6. (Hussey, p. 207, 209. Wurm, p. 129 )
8. (Hippocr., De Dist.) 9. (De Aliment.
The compitalia belonged to the ferice conceptiva, ;x (Sat., ii., 4,10.28.)
'.
acknowledgment of its receipt, the female was fully as there could be no danger of infection from these,
1
entitled to all conjugal rights. It does not appear the sepulchres which received them were all above
that the slave that was taken to her master's bed ground.
1
But subsequently, when this practice fell
acquired any political rights in consequence the ; into partial or entire disuse, it became necessary to
concubine mentioned by Antiphon* is treated as a inter (humare) the dead, or bury them in vaults
slave by her master, and after his death undergoes or chambers under ground and then the word
;
Julia et Papia Poppaea, by which the concubinatus vault where the of a person of gigantic stature
body
received a legal character. This legal concubina- was preserved entire and by Quintilian, 5 tor the
;
tus consisted in the permanent cohabitation of an chamber in which a dead body is laid out, ' cubicu-
unmarried man with an unmarried woman. It lum conditorium mortis tuce." In a single passage
therefore differed from adulterium, stuprum, and in- of Pliny 6 it is synonymous with monimcntum, and
cestus, which were legal offences and from con* ;
in an inscription, 7 " alias vi. minores in avito condi-
tubernium, which was the cohabitation of a free torio" the mention of the cinerary olla indicates
man with a slave, or the cohabitation of a male that the tomb alluded to was of the kind called co-
and female slave, between whom there could be no lumbarium. (Vid. COLUMBARIUM.) The correspond
Roman marriage. Before the passing of the Lex ing word in Greek is vnoyaiov or viroyetov, 6 hypo-
Jul. et P. P., the name of concubina would have geum.
9
applied to a woman who cohabited with a married Conditorium is also used for the coffin in which
man who had not divorced his first wife ;* but this a body was placed when consigned to the tomb
was not the state of legal concubinage which was and when used, the same distinction is implied. 10
afterward established. The offence of stuprum was *CONEION (KUVSCOV), Hemlock, or Conium mac-
avoided in the case of the cohabitation of a free man ulatum. It is called Cicuta by Celsus. This poi-
and an ingenua by this permissive concubinage sonous plant possesses highly narcotic and danger-
;
but it would seem to be a necessary inference that ous qualities, and an infusion of it was given at
there should be some formal declaration of the in- Athens to those who were condemned to capital
tention of the parties, in order that there might be punishment. By a decoction of this kind Socrates
no stuprum. 6 Heineccius 7 denies that an ingenua lost his life. The effects of the poison in his case
could be a concubina, and asserts that those only are strikingly described in the Phaedon of Plato.
could be concubinae who could not be uxores but Sibthorp found the KUVSIOV between Athens and Me-
;
8
this appears to be a mistake, or perhaps it may be gara. It is not unfrequent throughout the Pelopon-
said that there was a legal doubt on this subject.' nesus also. The modern Greeks call it
I* seems probable, however, that such unions were
not often made with ingenuae. CONFARREA TIO. (Vid. MARRIAGE.)
This concubinage was not a marriage, nor were CONFESSO'RIA ACTIO is an actio in rem, 18
the children of such marriage, who were sometimes by which a person claims a jus in re, such as the
called liberi naturales, in the power of their father. use and enjoyment (usus fructus) of a thing, or
Still it established certain legal relations between claims some servitus (jus eundi, agendi, &c.). The
the two persons who lived in concubinage and their actio negatoria or negativa is that in which a per-
children. Under the Christian emperors concubi- son disputes a jus in re which another claims and
nage was not favoured, but it still existed, as we attempts to exercise.
see from the legislation of Justinian. If several persons claimed a servitus, each might
This legal concubinage should not be confounded bring his action if several claimed as fructuarii, ;
with illicit cohabitation. It rather resembled the they must join in the action. None but the owner
morganatic marriage (ad morganaticam), in which of the property, to which the servitus was alleged
neither the wife enjoys the rank of the husband, to be due, could maintain a directa actio for it.
nor the children the rights of children by a legal The condemnatio in the actio confessoria was adapt-
10
marriage. Thus it appears that, among the Ro- ed to secure to the fructuarius his enjoyment of
mans, widowers who had already children, and did the thing if he proved his right, and to secure the
not wish to contract another legal marriage, might servitus if the plaintiff made out his claim to it.
take a concubina, as we see in the case of Vespa- The negatoria actio was that which the ownei of
11
sian, Antoninus Pius, and M. Aurelius. 18 a thing had against a person who claimed a servi-
CONDEMNA'TIO. (Vid. ACTIO, p. 20.) tus in it, and at the same time endeavoured to ex-
CONDI'CTIO. (Vid. Ac-no, p. 16.) ercise it. The object of this action was to prevent
CONDITO'RIUM, in its
general acceptation, the defendant from exercising his alleged right, and
means a place in which property of any kind is de- to obtain security (cautio) against future attempts,
posited ubi quid conditum est thus conditorium which security it was competent for the judex to
muralium tormentorum 13 is a magazine for the recep- require. But this action was extended to the get-
ting rid of a nuisance ; as, if a man put
tion of a battering-train when not in active service. a heap of
dung against your wall so as to make it damp ; oj
1 (Petit., Leg. Alt., 548, and authors there quoted.) 2.
(A:c. do Venel'.) 3. (Id., p. 615.) 4. (Massurius, ap. Paul. 1. (Salinas., Exercit. Plin., p. 849.) 2. (Seuec., Ep., 60.)
Ttifrin tif 1t\ u 1 AA \ g /fXrt T\r* w.,f
.. An \ a /Tvr_ AO
/ ;
5. (Ueclam
3. (Sat., cxi., 2, 7 ; cxii., 3.) 4. (H. N., vii., 16.)
7. (ap. Grut., p. 1134, 6.)
8, p. 119, ed. Var.) 6. (Ep., vi., 10.)
8. (Hesych.) 9. (Petron., Sat., cxi., 2.) 10. (Suet., Octa"., 18.
a neighbour's wall bellied out half a foot or more Thus, in the case of a man building on another
into your premises or the wind blew one of his
;
man's ground, the building belonged to the owner
trees so as to make it or a
hang over your ground ;
of the ground (superficies solo cedit) or in the case
;
ters, is called specification, which the Roman wri- Mackeldey, Lehrbuch, &c., 245, &c., Accession ;
ters expressed by the term novam speciem facere, Rosshirt, Grundlinicn, &.C., $ 62.
as if a man made mulsum out of his own wine and The term confusio had other legal meanings*
his neighbour's honey. In such a case the person which it is not necessary to explain here.
who caused the confusio became the owner of the *CONGER (/coyypof ), the Conger Eel, or Murcena
" The name of
compound, but he was bound to make good to the conger, L., called in Italian Bronco.
other the value of his property. observes " was at first to a
Conger," Griffith, given
Commixtio applies to cases such as mixing to- species of eel, the Murcena conger, after Aristotle
gether two heaps of corn but this is not an in-
;
and Athenaeus, who had called the sea-eel Koyypoc.
stance in which either party acquires property by M. Cuvier has withdrawn this fish from the genus
the commixtio. For if the mixture takes place, ei- Anguilla, and made it the foundation of a sub-genus,
ther accidentally or with mutual consent, or by the under the name of Conger. It is very abundant on
act of one alone, in all these cases the property of the coasts of England and France, in the Mediter-
each person continues as before, for in all these ranean Sea, where it was much sought after by the
cases it is capable of separation. case of com- A ancients, and in the Propontis, where it was not
mixtio arises when a man's money is paid without long ago in considerable estimation. Those of
his knowledge and consent, and the money, when Sicyon were more especially esteemed. The con-
paid, is so mixed with other money that it cannot gers are extremely voracious. They live on fish,
be recognised otherwise it remains the property of
; mollusca, and Crustacea, and do not even spare
the person to whom it belonged. their own species. They are extremely fond of
The title confusio does not properly comprehend carrion, and are sure to be found in those places
the various modes of acquisitio which arise from into which the carcasses of animals have been
two pieces of property belonging to different per- thrown. Among the species of the sub-genus Mu-
sons being materially united but still it may be
;
rcena (proper) we may notice here the Common Mu-
convenient to enumerate under this head the vari- rcena, or Murcena helena. This fish is about three
ous modes of acquisitio which belong to the general feet long, and sometimes more it weighs as much
;
place when a man made a new thing (nova species) were well acquainted with it, held it in high estima-
either out of his own and his neighbour's material, tion under the name of Murcena, which we com-
or out of his own simply. In the former case, such monly translate by the term lamprey.' These mu-
'
man acquired the ownership of the thing. In the raenae were carefully reared in vivarta by the Ro-
latter case, if the thing could be brought back to mans. As early as the time of Caesar, the multi-
the rough material (which is obviously possible in plication of these domestic muraenaj was so gn it
very few cases), it still belonged to the original own- that on the occasion of one of his triumphs, that
er, but the specificator had a right to retain the commander presented six thousand of them to his
thing till he was paid the value of his labour, if he friends. Crassus reared them so as to be obedient
had acted bona fide. If the new species could not to his voice, and to come and receive their food from
be brought back to its original form, the specificator his hands ; while the celebrated orator Hortensius
in all cases became the owner if he had acted bo-
; wept over the loss of a favourite lamprey of which
na fide, he was liable to the owner of the stuff for death had deprived him. The Romans are said to
its value only if mala fide, he was liable to an ac-
;
have thrown offending slaves into their fish-ponds,
tion of theft. Of this kind are the cases put by as food for these voracious creatures."*
Gaius,* of a man making wine of another man's CONGIA'RIUM (scil. vas, from congius), a vessel
grapes, oil of his olives, a ship or bench of his tim- containing a congius. (Vid. CONGIUS.)
ber, and so on. Some jurists (Sabinus and Cassius) In the early times of the Roman Republic, the
were of opinion that the ownership of the thing was congius was the usual measure of oil or wine which
not changed by such labour being bestowed on it ; was, on certain occasions, distributed among the
the opposite school were of opinion that the new people ;* and thus congiarium, as Quintilian* says,
thing belonged to him who had bestowed his labour became a name for liberal donations to the people
on it, but they admitted that the original owner had in general, whether consisting of oil, wine, corn, or
money, or other things, while donations made to
5
a legal remedy for the value of his property.
Two things, the property of two persons, might the soldiers were called do?iativa, though they were
become so united as not to be separable without in- 1. (Gaius, ii., 73, #c.) 2. (Griffith's Cuvier, vol. x., p. 544,
jury to one or both in this case, the owner of the
; &c.) 3. (Liv., xxv., 2.) 4. (vi., 3, 52.) 5. (Plin.,II. N., X!T.
principal thing became the owner of the accessory. 14, 17; xxxi., 7, 41. Suet., Octav., 41. Tib., 20. Ner., 7.-
Plin., Paneg., 25. Tacit., Ann., xii., 41 ihi., ?1 .Liv.,
;
xxxrii
1. (Dig. 8, tit. 5. Brisonius, De Foulis.) 2. (li , 29.) 57.)
303
CUNQUISITORES. CONSUALiA.
1
sometimes a'so termed congiaria. Congmrium when there was a difficulty in completing a tevy.'
was, moreover, occasionally used simply to desig- Sometimes commissioners were appointed by a de-
nate a present or a pension given by a person of cree of the senate for the purpose of making a con-
8
high rank, or a prince, to his friends and Fabius quisitio.
;
Maximus called the presents which Augustus made CONSANGUI'NEI. (Vid. COGNATI.)
to his friends, on account of their smallr.ess, hemi- CONSECRA'TIO. (Vid. APOTHEOSIS."*
naria instead of congiaria, because hcmina, was only CONSILIA'RII. (Vid. CONVENTUS.)
the twelfth part of a congius* CONSI'LIUM. (Fid. CONVENTUS.)'
CO'NGIUS, a Roman liquid measure, which con- CONSTITUTIO'NES. "Constitutio principis,"
3 3 "
tained six sextarii, or the eighth part of the am- says Gains, is that which the imperator has con-
phora (=5 9471 pints Eng.). It was equal to the stituted by decretum, edictum, or epistola nor has ;
larger %oCf of the Greeks. (Vid. CHOUS.) Cato it ever been doubted that such constitutio has the
tells us that he was wont to give each of his slaves force of law, inasmuch as by law the imperator re-
a congius of wine at the Saturnalia and Compitalia.* ceives the imperium." Hence such laws were often
Pliny relates, among other examples of hard drink- called principales constitutiones.
ing,* that Novellius Torquatus Mediolanensis ob- An imperial constitutio, then, in its widest sense,
tained a cognomen (tricongius, a nine-bottle-man) might mean everything by which the head of the
by drinking three congii of wine at once. state declared his pleasure, either in a matter of
There is a congius in existence, called the con- legislation, administration, or jurisdictio. A decre-
gius of Vespasian, or the Farnese congius, bearing tum was a judgment in a matter in dispute between
an inscription, which states that it was made in the two parties which came before him, either in the
year 75 A.D., according to the standard measure in way of appeal or in the first instance. Edicta, so
tfee Capitol, and that it contained, by weight, ten called from their analogy to the old edict,* edictales
pounds (Imp. Cas. vi. T. Cces. Aug. F. iiii. Cos. leges, generates leges, leges perpetuae, &c., were
Mensura exacts in Capitolio, P. x. 6 ). By means laws binding on all the emperor's subjects. Under
of this congius the weight of the Roman pound has the general head of rescripta 5 were contained epis-
been ascertained. (Vid. LIBRA.) This congius tolae and subscriptiones,' which were the answers
holds, according to an experiment made by Dr. of the emperor to those who consulted him either
Hase in 1824, 52037-692 grains of distilled water. as public functionaries or individuals. 7 In the time
Now the imperial gallon of eight pints, as determin- of Tiberius, the word rescriptum had hardly obtain-
ed by act of Parliament in 1824, holds 10 Ibs. avoir- ed the legal signification of the time of Gaius. 8 It
dupois, or 70,000 grains of distilled water. Hence is evident that decreta and rescripta could not, from
52037-692X8 their nature, have the force of leges generates, but,
j
the day worked at his employment with his casting- itation, that those constitutions were not laws
net (a/i^t'6?,j?(rrpov), in the evening fixed the point of which in their nature were limited to special cases.
it on the top of an
Under the general head of constitutiones we also
upright pole, so that it might be
expanded round him in the form of a tent. Under read of mandata, or instructions by the Caesar to
this he reposed, secure from the attacks of insects, his officers.
Many of these constitutions are preserved in their
which, as has been lately proved, will not pass
form in the extant ccx'es. (Vid, CODEX
through the meshes of a net, though quite wide original
enough to admit them." THEODOSIANUS, &c.)
*CONOPS (KUVUTJJ'), a name most properly applied CONSUA'LIA, a festival, with Barnes, celebrated
9
to the Culex pipiens, or Gnat. Schneider, however, by the Romans, according to Festus, Ovid, and
shows that it is sometimes indiscriminately applied others, in honour of Consus, the god of secret de-
13
also to the Ephemera (Mayfly) and the Phryganea. 1 * liberation, or, according to Livy, of Neptunus
11
CONQUISITO'RES. These were persons em- Equestris. Plutarch, Dionysius of Halicarnas
and the Pseudo Asconius, however, 13 say that
1*
ployed to go about the country and impress soldiers, sus,
Neptunus Equestris and Consus were only different
1. (Cic. ad Att., xvi., 8. Curt., vi., 2.) 2. (Quint., 1. c.
names for one and the same deity. It was solem-
Compare Cic. ad Fam., viii., 1. Senec., De Brevit. Vit -De nized e*rery year in the circus by the symbolical
Bcnef., ii., 16. Suet., Vesp., 18. Jul., 27.) 3. (Rhem. Fann
Re ceremony of uncovering an altar dedicated to the
1 , 72.)
4. (De c.
Rust., 5.
57.) (H. N., xiv., 22.) .
(See
,lso Festus, s. v. Publica pondera.) 7. (Inscript., p. 536.) 1. (Ilirt., De Bell. Alex., i., 22.
8. Liv., xxi., 11 ) 2. (Lir.,
(Nicand., Ther., 626. Dioscor., iii., 34. Adams, Append.) 9 xxv., 5.) 3. (i., 5.) 4. (Gaius, i., 93.) 5. (Gaius, i., 72, 73,
(Fpod. ix., 9.) 10. (See Judith, r , ,'" riii , Q ;xvi., 19. Juv., <fec.)-6. (Gaius, i., 94, 96, 104.) 7. (Pirn., P.p., x., 2.) 8. (Ta-
ri. 80. Varro, De Re Rust., ii., 10, $ 8.) 11. (ii., 95.) 12. cit., Ann., vi., 9.) 9. (Fast., iii., 199.) 10. (i., 9.) 11. (Qutert.
'Spence. in Trans, of the Entomological Society for 1834.) 13. Rom., 45.) 12. (ii., 31.) 13. (ad Cic. IB Verr., p. 142, el
Aristot!, II. A., iv., 7. JElian, N. A., xiv., 22.) OrelliA
304
CONSUL. CONSUL.
goo, winchwas buried in the earth. For Romulus, attention to the wishes of the
populus, or original
who was considered as the founder of the festival, burgesses, removed the axe from the and
was said to have discovered an altar in the earth allowed only one of the consuls to be fattes,
preceded by
on that spot. 1
The solemnity took place on the the lictors while they were in Rome. The other
21st of August with horse and chariot races, and consul was attended
only by a single accensus. This
libations were poured into the flames which con- division of the honours was so
arranged that the
sumed the sacrifices. During these festive games, consuls enjoyed the outward distinctions
horses and mules were not allowed to do any work, from month to month the elder of the alternately
two consul* ;
and were adorned with garlands of flowers. It was received the fasces for the first
month, and so on,
at their first celebration that, according to the an- till the
reign of Augustus, when it was decreed by
cient legend, the Sabine maidens were carried off.* the Lex Julia et
Papia Poppcea, that the precedence
Virgil,' in speaking of the rape of the Sabines, de- should be given to him who had the
greater num-
scribes it as having occurred during the celebration ber of children. To this alternation in the honours
of the Circcnsian games, which can only be account- of the consulate Horace seems to
refer indirectly,
ed for by supposing that the great Circensian games, when he
says,
in subsequent times, superseded the ancient Con- "
Virtus, repulsa nescia sordtda:,
sualia, and that thus the poet substituted games
Intaminatis fulgct honoribus :
of his own time for ancient ones a favourite prac-
Ncc sumit aut ponit secures
tice with Virgil or that he only meant to say the
;
Arbitrio popularis aura." 1
rape took place at the well-known festival in the
circus (the Consualia), without thinking of the ludi While they were out of Rome, and at the head ol
the army, the consuls retained the axes in the fas-
circenses, properly so called.
CONSUL, the joint president of the Roman Re- ces, and each had his own lictors as before the time
"
public. Without doubt the name consules means of Valerius.
nothing more than simply colleagues; the syllable
The consuls were for some time chosen only
sul is found in pr&sul and exsul, where it from the populus or patricians, and,
signifies consequently, al-
one who is ; thus consules is tantamount to
consentes,
ways sided with their own order in the long strug-
the name given to Jupiter's council of gods."* This gle which was carried on between the patricians
is not quite correct. The syllable sul contains the and the commonalty. The first shock to their pow-
root of the verb salio, " to go" or " come ;" and er was given by the appointment of the tribum pie
con-sil-ium is merely " a coming together," like con- bis, who were a sort of plebeian consuls, and, like
ventio, contio. So consules are " those who come the others, were originally two in number. They
" he who " presided at the comitia tributa, or assemblies of the
together," prasul goes before," exsul he
who goes out." The institution of consuls or joint plcbs, as the consuls did at the other comitia, and
had the right of interposing a veto, which
presidents of the state seems to have been inti- put a stop
to any consular or senatorial measure. The con-
mately connected with the first principles of the
Roman political system. The old tradition with sular office was suspended in B.C. 452, and its func-
tions performed by a board of ten
regard to the first two kings seems to point directly high commission-
to something of the kind, and Servius, in his Con- ers (decemviri), appointed to frame a code of laws,
to a motion of the tribune Terentius. Ori
stitution, is said to have provided for a restoration according
of the old division of the sovereign power between the re-establishment of the in B.C. 444.
consulship
two functionaries. They do not, however, appear the tribunes proposed that one of the consuls should
to have existed under this name till after the ex- be chosen from the and this
plebeians, gave rise to
a serious and long- protracted
pulsion of Tarquinius, when L. Junius Brutus and struggle between the
L. Tarquinius Collatinus (or M. Horatius 5 were two orders, in the course of which the office of con-
) ap-
sul was again suspended, and its functions admin-
pointed chief magistrates at Rome with this title.
At first the consuls were the only supreme officers istered by a board of tribuni militares, corresponding
to the arpaTTryoi at Athens. At
at Rome, and had all the power of the
kings whom the length, in B.C. 366,
they succeeded. Cicero* ascribes to them the regia plebeians succeeded in procuring one of the con-
" suls to be elected from their own
potestas Idqtfe in republica nostra maxima va-
:
body, and after
that time both consuls were
luit, quod ei et in his
regalis potestas praefuit quod occasionally plebeians.
etiam qui nunc regnant manet." " The prerogatives and functions which were ori-
Quibus autem
regia potestas non placuit, non ii nemini, sed non ginally engrossed by the consuls, were afterward
divided between them, and different
semper uni parere voluerunt." Their dress was magistrates
regal, with the exception of the golden crown, which appointed to relieve them under the great pressure
of business introduced by the increase of the state.
they did not wear at all, and the trabea, which they
only wore on the occasion of a triumph. They had
The censors, appointed in B.C. 442, performed some
of their duties, and the praetors, first elected in B.C.
ivory sceptres surmounted by eagles in the public ;
assemblies they sat upon a throne (sella curulis) 365, undertook the chief part of the jurisdictio, or
;
they had an elevated seat in the senate, where judicial functions of the consuls. When a consul
they presided they appointed the public treasurers
was appointed to some command or office out of
;
;
they made peace and contracted foreign alliances Rome, he was said provinciam accipere ; and when
;
the consul was appointed to a
they had the jurisdictio, i. e., they were the supreme foreign command af-
ter the expiration of his
judges in all suits, whence we also find them called year of office, he was call-
ed proconsul. In the Greek writers on Roman his-
praetores and they had the imperium, or supreme
;
command of the armies of the state. The most tory, the consuls are called vxaroi, the proconsuls
prominent outward symbols of their authority were
uvOvTraroi. The consul might also be superseded
tne fasces, or bundle of rods by the dictator, who was appointed with absolute
surrounding an axe,
and borne before the consuls by twelve lictors or power for certain emergencies. A
similar authori-
beadles. ty, however, was occasionally vested in the consuls
At first each of the consuls had his own twelve themselves by virtue of the senatus decrctum, which
lictors ;
but P. Valerius, called Publicola, from his was worded, Videant consules ne quid respubliea det-
rimenti capiat, i. e., " Let the consuls look to it, that
1. (Compare Nielmhr, Hist. Rom., vol. i., notes 629 and (530.) no harm befalls the state."
-2. (Varro, De Ling. Lat., v.,3. Diony.,i.,2. Cic.,DeRnp., The consuls were elected some time before they
3. 4.
ti., 7.) (JEn., viii., 636.) (Niebuhr, Hist. Rom., i. p.
W2.)-5. (Polyb., iii., 22.) 6. (De teg., iii., 2.) 17
1 (Conn., Ill
Q Q
, ii,, )
305
CONTUS. CONVOLVULUS.
entered upon their office, and till then were called was, as Nonius 1
expresses it, a long and strong
consules designati. In later times they entered on wooden pole or stake, with a pointed iron at the
3
thei' office on the 1st of January, and were obliged one end. It was used for various purposes, but
to take the oath of office within the five days follow- chiefly as a punt-pole by sailors, who, in shallow
to repeat in an oath
ing, the effect of which they had water, thrust it into the ground, and. thus pushed on
vhich they took on quitting their office at the end the boat. 3 It also served as a means to sound the
4
of the year. The commencement of the consulate depth of the water. At a later period, when the
was always celebrated by a solemn procession to Romans became acquainted with the huge lancet)
the Capitol, and a sacrifice there to Jupiter Capito- or pikes of some of the northern barbarians, the
linus, and after that there was a great meeting of word contus was applied to this kind of weapon;
the senate. By the Lex Annalis (B.C. 181) it was and the long pikes peculiar to the Sarmatians were
decreed that the consul should be 43 years of age. 8
1
always designated by this name.
But many were elected consuls at an earlier age. CONVENI'RE IN (Vid. MARRIAGE.) MANUM.
It was also a law that an interval of ten years CONVE'NTUS (mJvotiof, owovaia, or avvayuyfi)
should elapse between two elections of the same is properly a name which may be given to any as-
person to the office of consul ; but this law was not sembly of men who meet for a certain purpose.
strictly observed, and instances
occur of five or six But when the Romans had reduced foreign coun-
re-elections to this office. C. Marius was seven tries into the form of provinces, the word conventus
times consul. assumed a more definite meaning, and was applied
The of consul continued after the downfall
office to the whole body of Roman citizens who were ei-
of the Republic. In the reign of Tiberius the con- ther permanently or temporarily settled in a prov-
suls were no longer elected by the people, but were ince. 7 In order to facilitate the administration of
appointed by the senate and subsequently the num-
; justice, a province was divided into a number of
ber was increased, and consuls were appointed for districts or circuits, each of which was called con-
a part of the year only, till at last it became only an ventus, forum, or jurisdiction Roman citizens liv-
honorary or complimentary appointment. In these ing in a province were entirely under the jurisdic-
times the consuls were divided into several classes : tion of the proconsul, except in the towns which
the consules ordinarii, who were the nearest repre- had the Jus Italicum, which had magistrates of their
own with a jurisdictio, from whom there was, no
'
appointed by the emperors for the rest of the year ; doubt, an appeal to the proconsul ; and at certain
and the consules honor arii, who had only the name, times of the year, fixed by the proconsul, they as-
without a shadow of authority. sembled in the chief town of the district, and this
The consuls, like the apxw iiruvvfioe at Athens, meeting bore the name of conventus (avvodof).
gave their names to the year calendars or annual
;
Hence the expressions, conventus agerc, peragere,
registers were kept for this purpose, and called convocare, dimittere, ayopaiovc. (sc. ^uepaf) uyetv,
Fasti Consulares. The last consul knuvvpoc. was &c. 9 At this conventus litigant parties applied to
Basilius junior, in the reign of Justinian, A.U.C. the proconsul, who selected a number of judges
1294, A.D. 541. from the conventus to try their causes. 10 The pro-
CONTRACTUS. (Vid. OBLIGATIONES.) consul himself presided at the trials, and pronoun-
CONTUBERNA'LES (avoxnvoi). This word, in ced the sentence according to the views of the
its original meaning, signified men who served in judges, who were his assessors (consilium or consil
the same army and lived in the same tent. It is de- iarii). As the proconsul had to carry on all official
rived from taberna (afterward tabcrnaculum), which, proceedings in the Latin language," he was always
according to Festus, was the original name for a attended by an interpreter. 18 These conventus ap-
military tent, as it was made of boards (tabula). pear to have been generally held after the proconsul
Each tent was occupied by ten soldiers (contuberna- had settled the military affairs of the province ; at
les), with a subordinate officer at their head, who least, when Caesar was proconsul of Gaul, he made
was called decanus, and in later times caput contu- it a regular practice to hold the conventus after his
In a still wider sense, the name contubernalcs was mentioned by Pliny 1 * as doing great damage to the
applied to persons connected by ties of intimate vineyards. It derives its name from rolling itself
friendship and living under the same roof,* and up in the leaf, after having half cut through the
hence, when a free man and a slave, or two slaves, small stem which connects the latter with the vine.
who were not allowed to contract a legal marriage, Modern naturalists make it the same with the Pyra-
lived together as husband and wife, they were call- 16
lis vitis.
ed contubernales ; and their connexion, as well as *II. A
plant, the Bindweed, of which several
their place of residence, contubernium. 6 Cicero 6 kinds are mentioned by the ancient writers. The
calls Caesar the contubernalis of Quirinus, thereby C. Arvensis is the ctfifoat; of Dioscorides, 16 with the
alluding to the fact that Caesar had allowed his own
statue to be erected in the temple of Quirinus. 7
CONTUBE'RNIUM. (Vid. CONTUBERNALES,
CONCUBINA.)
CONTUS (KovTOf, from KBVTEU, I prick or pierce)
1. (Cic., Philipp., v., 17, 47.) 2. (Veget., De Re Mil., ii.,
8,
13. Compare Cic., Pro Ligar., 7. Hirt., Bell. Alex., 16. Dra-
enb. ad Liv., v., 2.) 3. (Cic., Pro Coel., 30. Pro Plane., 11.
Suet., Jul., 42. Tacit., Agr., 5. Frontin., Strateg., iv., 1,
1. Plutarch, Pomp., 3.) 4. (Cic. ad Fam., ix., 2. Plin.,
3pist., ii., 13.) 5. (Colum., xii., 1, 3 ; i., 8. Petron., Sat., 96.
-Tacit., Hist., i., 43; iii.,74.) 6. (ad Alt., xiii., 9 .) 7. (Vid.
to. ad Alt., xii., 45. Suet., Jul., 76.)
aoe
CORALLIS CORBIS.
epithet of fata, in opposition to the ff/u/A to grow as a vegetable underneath the waves, and
the same with the Smilax lavis of Pliny.* This to harden into stone when removed from its native
species does great injury to the corn, and its roots element. 1
are not easily eradicated. Billerbeck censures Sib- *CORAX
(Kopa!-). I. the Raven, or Corvus co-
" " is
thorp for confounding it with the TTEpinM/iEvov of This," remarks Adams,
rax, L. generally
,Dioscorides.
3
The C. Scpium, also called opti-a!-, be the Corvus of Virgil but the latter, ac-
held to ;
'is the /uaAa/c6/CT<Tof of the Geoponica,* and the cording to Pennant, was the Rook, or Corvus frugi-
'Convolvulus of Pliny. 5 It has white, bell-shaped legus, which, he says, is the only species that is gre-
flowers, and derives: its name from growing in garious ; and Virgil pointedly refers to flocks of Cor
3
hedges, and places adjacent to these (" sepes et vi- vi. This, however, is not strictly correct, for the
cina omnia implicat"). It is also called 'laoiuvrj, hooded crow and the jackdaw are often to be seen
from 'Idcu, the goddess of healing. 6 Sibthorp found in flocks. Dr. Trail informs me that he has seen
it everywhere in the hedges of Greece. The C. flocks of hooded crows, consisting of many hun-
7 8
SMmmonia, or Scammony, is the plant the inspis- dreds. Aristotle applies this term also to a water
sated juice of which is the Scammony of the shops, bird. It probably was a sort of cormorant."*
a well-known purgative. This article has been *II. Probably the. Trigla hirundo, L., or Tub-fish.
known from a very early period ; it is mentioned Gesner, however, makes no distinction between it
by Hippocrates, and many peculiar virtues were at- and the KopaKivog. Coray is undecided.'
tributed to it at that time now, however, it is con-
: CORBIS, dim. CO'RBULA, CORBI'CULA, a
sidered only as an active cathartic. The plant is Basket of very peculiar form and common use
spread over Syria, Asia Minor, and nearly the whole among the Romans, both for agricultural and other
"
East. Sibthorp found it growing in many parts of purposes ; so called, according to Varro,' Quod
Livadia and the Peloponnesus or Morea." The eo spicas aut aliud quid corruebant ;" or, according
7 "
C. Soldanella is the KpauCrj da'kaaala, or Sea-Kale.' to Isidorus, Quia curvatis virgit contexitur." It
*CONUS (/cwvof), a term applied by Galen 10 and was made of osiers twisted together, 8 and of a con-
Paul of J^gina 11 to the Pinus sylvestris, or wild ical or pyramidal shape (nMyuara /c "hvyov Trvpa-
Pine. It is commonly used, however, to signify the noeidij.
9
A basket answering precisely to this de-
iVuz Pinea, or the fruit of the Pine-tree. Athensus scription, both in form and material, is still to be
says that Theophrastus called the tree TTFU/CJ?, and seen in every-day use among the Campanian peas-
the fruit /cwvof. 12 antry, which is called, in the language of the coun-
*CONY'ZA (KOVV&), a plant, three species of try, " la corbella," a representation of which is in-
which are described by Dioscorides. 13 " Owing to troduced in the lower portion of the annexed wood-
recent changes in the Botanical terminology," ob- cut. The hook attached to it by a string is jr,r the
serves Adams, " there is now considerable difficulty
vn applying scientific names to these three species.
&g&*
The older authorities referred them all to the genus
Conyza, or Fleabane, and Stackhouse still does so,
but hesitatingly." Sprengel, upon the whole, prefers
the following distribution of them. 1. Inula viscosa
Ait. 2. Inula saxatilis, or Erigeron graveolens. 3.
Inula oculus Christi. Dierbach maTtes the KOVV&
1*
of Hippocrates the Ambrosia maritima.
COOPTA'RE. (Vid. COLLEGIUM.)
CO'PHINUS (KoQivof), a large kind of wicker
15
Basket, made of willow branches. From Aris-
16
tophanes it would seem that it was used by the
Greeks as a basket or cage for birds. The Romans
17
used it for agricultural
purposes and Columella,
;
*CORALL'IS, a stone resembling vermilion, and indicating the particular service to which it was ap-
brought from India and Syene." It is supposed to plied as, for instance, corbis messoria," which was
;
have been red coral. The ancients thought coral used in husbandry for measuring corn in the car,
and is therefore opposed to the modius, in which
1.
(Theoplirast , H N., iii., 18.) 2. (II. N., xvi., 10 ; xxxiv.,
10.) -3. (iv., 13.) 4. (ii., 6, 31.) 5. (H. N., xxi., 5 et 16.)
4. (Billorbeck, Flora Classica, p. 44.) 7. (Dioscor., iv., 171. 1. (Moore's Anc. Mineral., p. 177.) 2. (Georg., i., 410.) 3.
5. (Plin., H. N.,
Theophrast., H. P., iv., 6 ; ix., 1, et 10.) 8. (Billerbeck, I.e.) (H. A., viii., 5.) i. (Adams, Append., a. v.)
9. (Dioscor., ii., 147.) 10. (De Simpl., vii.) 11. (vii., 3.) xxxii., 11. Isidor., xii., 6.) 6. (De Ling. Lat., v., 139, ed.
(2. (Adams, Append., s. v.) 13. (iii., 126. Theophrast., H. P., Mailer.) 7. (Grig., xx., 9.) 8. (Varro, De Re Rust., i., 22, t> 1
i., 1, 2.) 14. (Adams, Append., s. v.) 15. (Mcer. Attic, and Isidor., Columell., 11. cc.) 9. (Arrian, Exp. Alex., v., 7, 8.)
10. (AntichitA di Ercolano, torn, iii., tav. 29.) 11. (Cic., Pr
Hcsych., s. v. "/ 5ixos.) 16. (Av., 1223.) 17. (xi., 3, p. 460,
ed. Bip. ) IS (Sat., iii., 14, ard vi., 542.) 19. (Peripl.) 20. Sext., 38. Compare Varro, De Re Rust., i ,
53. Propert., Eleg^
il.rx s. v ) 21 ;De Sit. Orb. -22. 'P!in. II. N xTxvii., 10.) IV., ii., 28 -Ovid Met.,xiv.,643.)
307
CORIANDRUM. CORNELIA LEX.
l
the grain was measured after thrashing ; corhs *CORIS (Kopic) I., a name applied to several
palulatoria, which
held a certain measure of
green species of the genus Cimex, or bug. (Vid. CIMEX.J
tood for cattle 2 cor bis constricta, when put over
;
II. A
Plant, the same with the Hypericum Com,
1
the noses of cattle with sore mouths, like a muzzle, L.
3
to prevent them from rubbing their lips. These CORDAX. (Vid. COMOSDIA, p. 299.)
were all of the larger sort, the same as that men- CORNE'LIA LEX. (Vid. MAJESTAS, REPETU*
tioned by Plautus,*
" Geritote amicis vestris aurum
DJE.)
corbibus." CORNE'LIA FULVIA LEX. (Vid. AMBITUS.)
The smaller basket (corbula) was used for gath- CORNE'LIA LEX DE FALSIS. (Vid. FALSA.)
ering fruit* (aliquot corbulas uvarum*) as a bread- ; CORNE'LIA LEX DE INJU'RIIS. (Vid. In-
basket (corbula panis"1 ) for carrying up viands from
; JURI^E.)
the kitchen to the ccenaculum ;* and when Nero at- CORNE'LIA LEX DE SICA'RIIS ET VENE-
tempted to cut through the Isthmus of Corinth, he FI'CIS. A
law of the Twelve Tables contained
put the earth into a corbula, which he took from a some provision as to homicide,* but this is all that
soldier, and carried it away on his shoulders (hu- we know. It is generally assumed that the law o
mum corbula congestam 9 ), which identifies the sort Numa Pompilius, quoted by Festus, 3 " Si quis horn-
of basket termed KO<J>IVOC by Josephus, 10 which con- inem liberum dolo sciens morti duit paricida csto,"
stituted part of the marching accoutrements of ev- was incorporated in the Twelve Tables, and is the
ery Roman soldier. law of homicide to which Pliny refers but this ;
The corbis was also used in the Roman navy. cannot be proved. It is generally supposed that the
Being filled with stones, it afforded a substitute for laws of the Twelve Tables contained provisions
an anchor in places where the soil was impervious against incantations (malum carmen) and poisoning,
to, or not sufficiently tenacious for, the fluke of an both of which offences were also included under
11
anchor, which practice is not yet forsaken, for the parricidium the murderer of a parent was sewed
:
writer has repeatedly seen the identical " corbella" up in a sack (culeus or culleus) and thrown into a
delineated above so applied in the bay of Mola di river. It was under the provisions of some old
Gaieta. law that the senate, by a consultum, ordered the
CO'RBITJE, merchantmen of the larger class, consuls P. Scipio and D. Brutus (B.C. 138) to in-
so called because they hung out a corbis at the mast- quire into the murder in the Silva Scantia (Sifac.
head for a sign. 1 * They were also termed oneraria ; Sila*). The lex Cornelia de Sicariis et Veneficu
and hence Plautus, in order to designate the vora- was passed in the time of the dictator Sulla, B.C.
cious appetites of some women, says, " Corbitam 82. The lex contained provisions as to death 01
cibi comesse possunt." 13 They were noted for their fire caused by dolus malus, and against persons go-
14
heavy build and sluggish sailing, and carried pas- ing about armed with the intention of killing or
sengers as well as merchandise, answering to the thieving. The law not only provided for cases of
" felucca" of the Cicero pro-
targe present day. poisoning, but contained provisions against those
posed to take a passage in one of these vessels from who made, sold, bought, possessed, or gave poison
Rhegium to Patrae, which he opposes to the smarter for the purpose of poisoning ; also against a magis-
class of packets (actuariola 16 ). tratus or senator who conspired in order that a per-
*COR'CHORUS (Kopxopof,, a plant, probably the son might be condemned in a judicium publicum,
same with the Jews' Mallow, or Corchorus olitorius. &c. 5 To the provisions of this law was subse-
It is still used as a potherb by the Jews at Aleppo. quently added a senatus consultum against mala
A Japanese species of this shrub is well known in sacrificia, otherwise called impia sacrificia, the
Great Britain, according to Adams ; but the Cor- agents in which were brought within the provisions
chorus olitorius is seldom cultivated. 1 ' of this lex. The punishment inflicted by this law
*CORD'YLUS (Kop6v?ioc), an amphibious animal was the interdictio aquae et ignis, according to
described by Aristotle. 17 "From the discussions some modern writers. Martian* says that the pun-
of Belon, Rondelet, Gesner, and Schneider, it would ishment was deportatio in insulam et bonorum adem-
appear to be settled," remarks Adams," that it was tiq.
These statements are reconcilable when we
a sort of Lizard, probably a variety of the Siren La- consider that the deportatio under the emperors
certina." took the place of the interdictio, and the expression
II. The fry of the Tunny-fish, according to Pliny. in thf3 Digest was suited to the times of the writers
Modern naturalists, however, think that it is proba- or the compilers. Besides, it appears that the lex
18
bly a variety of the Scomber-thynnus, L. was modified by various senatus consulta and im-
*CORIANDRUM (Kopiavvov or /eoptov 19 ), Cori- perial rescripts.
ander, or Coriandrum sativum. It grows wild in The lex Pompeia de Parricidiis, passed in the
Italy. The name is derived from the strong smell time of Cn. Pompeius, extended the crime of parri-
of bedbugs (/copif, " a bedbug") which the seed has cide to the killing (dolo malo) of a brother, sister,
when fresh. Theophrastus says there were several uncle, aunt, and many other relations enumerated
80 81
kinds. According to Pliny, Coriander-seed, ta- by Marcianus ;' this enumeration also comprises
ken in moderate quantities, was good in aiding di- vitricus, noverca, privignus, privigna, patronus, pa-
gestion ;
and the ancients, therefore, generally took trona, an avus who killed a nepos, and a mother
it after eating.
Sibthorp makes the modern Greek who killed a filius or filia but it did not extend to ;
name to be Kopiavdpov or KovaSapa?. He found it a father. All privy to the crime were also punished
in Peloponnesus (the Morea) and the island of
48
Cy- by the law, and attempts at the crime also came
prus. within its provisions. The punishment was the
1. (Cato, De Re Rust., 136.) 2. (Colum., VI., iii., 5 ; XL, ii., same as that affixed by the lex Cornelia de Sica-
!.) 3. (Veget.,Art. Veterin.,ii.,33.) 4. (Bacch.,IV.,iv.,61.) riis, 8 by which must be meant the same punishment
5. (Cato, De Re Rust., ii., 5. Colum., XII., l.,8.) 6. (Varro, that the lex Cornelia affixed to crimes of the same
Oe Re Rust., i., 15.) 7. (Caecilius, ap. Non., s. v. Corbis.) -8.
(Plaut., Aul., II., vii., 4.) -9. (Suet., Nero, 19.) 10. (Bell. Jud.,
kind. He who killed a father or mother, grand-
Iii., 5, <>5.) 11. (Arrian, 1. c. Eunap. ap. Suid., s. v. ZtSruu.) father or grandmother, was punished (more majo-
--12. (Festus. Nonius, s. v.) 13. (Cas., IV.,i.,20.) 14. (Lu- rum) by being whipped till he bled, sewn up in a
wl. ap. Non., s. v. Corbitse. Plaut., Poen., III., i.,4.) 15. (Ep.
ad Att., xvi., 6.) 16. (Theophrast., H. P., vii., 7. Adams, Ap- 1. 164. P. JEgin., vii., 3. Plin., H. N., xxvi.,
(Dioscor., iii.,
pend., a. v.) 17. (H. A., i., 5.) 18 (Aristot., viii., 21. Plin., 54.) 2. H. N., xviii., 3.) 3. (s.
(Plin., v. Parici Qusstores.)
H. N., is., 15.) d. (Theophrast., i., 11 ; vii., 1. Dioscor., iii., 4. (Cic., Bmtus, c. 22, ed. H. Meyer.) 5. (Compare Cic., PK
64 ) 20. (H. P., vii., 1.) 21 (H. N
, xx., 20.)
22. (BiUerbeck, Cluent., c. 54, with Dig. 49, tit. 8.) 6. (Dig. 49, tit. 8, s. 3 '-
Flora Classica, p. 76.) 7. (Dig. 49, tit. 9, a. 1.) 8. (Dig., I. c.)
308
CORNU. CORONA.
ack with a dog, cock, viper, and ape, and thrown From which lines we learn the distinction between
into the seu if the sea was at hand, and if not, by the cornu and lituus, as from Ovid 1 we learn thai
a constitution of Hadrian, he was exposed to wild between the tuba and cornu :
oeasts, or, in the time of Paulus, to be burned. The " Non
tuba directi, non eeris cornua
ape would appear to be a late addition. The mur- flexi."
derers of a father, mother, grandfather, grandmoth- The preceding woodcut, taken from Bartholini,
1
the preceding woodcut. 3 pire, when the prince was the fountain from whence
II. CORONA CIVICA, the second in honour and im- all honours emanated, the civic crown was no lon-
portance,* was presented to the soldier who had ger received from the hands of the person whose
preserved the life of a Roman citizen in battle, and
5
preservation it rewarded, but from the prince him-
therefore accompanied with the inscription
" Ob 8
self, or his delegate.
civem servatum,"* as seen on the medal of M. Lep- The preservation of the life of an ally, even
idus, introduced in the next woodcut, in which the though he were a king, would not confer a sufficient
letters H. O. C. S. stand for hostem occidit, civem title for the civic crown. When once obtained, it
sercavit. It was originally made of the ilex, after- might always be worn. The soldier who had ac-
ward of the tesculus, and finally of the quercus,'' quired it had a place reserved next to the senate at
three different sorts of oak, the reason for which all the public spectacles and they, as well as the
;
8
choice is explained by Plutarch. It is represented rest of the company, rose up upon his entrance.
9
in the next woodcut, above which the medal of Lep- He was freed from all public burdens, as were also
10
idus, just mentioned, is placed. his father, and his paternal grandfather; and the
person who owed his life to him was bound, ever
after, to cherish his preserver as a parent, and af-
ford him all such offices as were due from a son to
his father.*
A
few of the principal characters who gained
this reward are enumerated in the following pas-
sages : H. N., vii., 29 xvi., 5. Liv., vi., 20;
Plin., ;
honour, its attainment was restricted by very se- of Roman manners and early republican virtue, that
vere regulations, 11 so that the following combina- the two crowns which were the most difficult to
tions must have been satisfied before a claim was obtain, and held in the highest honour, possessed
allowed To have preserved the life of a Roman
: no intrinsic value.
citizen in battle, slain his opponent, and maintained III. CORONA NAVAUS or ROSTRATA, called also
the ground on which the action took place. The CLASSICA." It is difficult to determine whether
testimony of a third party was not admissible ; the these were two distinct crowns, or only two de-
1'
person rescued must himself proclaim the fact, which nominations for the same one. Virgil unites both
increased the difficulty of attainment, as the Roman terms in one sentence, "Tempora navali fulgent
soldier was commonly unwilling to acknowledge rostrata corona." But it seems probable that the
his obligation to the prowess of a comrade, and to former, besides being a generic term, was inferioi
show him that deference which he would be com- in dignity to the latter, and given to the sailor who
pelled to pay to his preserver if the claim were es-
tablished. 18 Originally, therefore, the corona civica 1. (Aul. Gel., v., 6. Polyb., vi., 37.) 2. (Polyb., 1. c.) 3
(Tacit., Ann., xv., 12. Compare iii., 2.) 4. (Polyb., vi., 37.--
Cic., Pro Plane., 30. Plin., H. N., xvi., 5. Aul. Cell., v., 6 )
1. (Aul. Cell., v., 6. Plin., H. N., xxii., 4.
Festus, s. v. Ob- 5. (Aul. Cell., v., 6.) 6. (Dion Cass., liii., 16. Val. Max.,
Bidionalis. Serv. ad Virg., JEn., viii., 128.) 2. (H. N., xxii., 4, ii.,8, fin. Ovid, Fast., i., 614 iv., 953. Trist., HI., i., 6.
;
5.) 3.(Guichard, De Antiquis Triumphis, p. 268. Compare Senec., Clem., i., 26. Suet., Calig , 19. Compare Claud., 17
Hardouin ad Plin., H. N., x., 68.) 4. (Plin., H. N., xvi., 3.) Tib., 26.J7. (Hamilton's Vases, vol. iii., pL 1. ) -8. (Pirn.,
5. (Aul. Cell., v., 6.)6. (Senec., Clem., i., 26.) 7. (Plin., H. H. N., xvi., 5.) 9. (Soph., Fragm. ap. Vrlsko-tacr, Diatr. in
N., xvi., 5.) 8. (Qusest. Rom., p. 151, ed. Reisk.) 9. (Jacob de Eur. Frag., p. 167.) 10. (Plin., H. N., xvi., 4.) 11. (Hon.,
B*e, Numism. Aurea Imp. Rom., pi. 5.) 10. (Goltz, Histona Hymn.inBacch.,1. Compare 9.) 12. (Plin., I.e.) 13. (P'in..
Csessrum ex Antiq. Numismat. Restitut., xxxiii., 1.) 11. (Plin. H. N., xvi., 50 14. (Liv., vii., 37.) 15. (Paterc., ii., 81.)- -IS
H N , xvi., 5 V-12 (Cic., Pro Plane., 30.) (..En., viii., 684.)
810
CORONA. CORONA.
l
boarded an enemy's ship
first whereas the latter
;
castrensit or vallaris, 1 which was onumenteii w_t!i
was given to a commander who destroyed the the palisades (valli) used in forming an intrench
whole fleet, or gained any very signal victory. 8 At ment, as represented in the annexed woodcut
all were both made of gold and one,
events, they ;
n. "at made of myrtle, the shrub sacred to Venus : ect to drifiia. Neither could any person holding
" receive a crown while he was inrevQwos,
Quod non Martins, sed quasi Veneris quidam tri- in office
triumph had been obtained, but when they were not appear to have been confined to any one material,
personally present in the action. It is represented jut was sometimes made of olive (see preceding
in the next woodcut, from a medal of Lepidus,* and woodcut 3 ), sometimes of gold,* and sometimes of
was conferred both by Augustus and the senate iars of corn, then termed corona spicea, which kind
UDon the soldiery on several occasions. 5 was the most ancient one among the Romans, 8 and
was consecrated to Ceres,* before whose temples it
was customarily suspended. 7 It was likewise ic-
8
garded as an emblem of peace, in which character
it
appears in the subjoined medal, which commem-
orates the conclusion of the civil war between An-
tony and D. Albi^rs Brutua.*
16.)
W.) 7. (JEsch., c. Ctes. Demosth., De Coron., passim.) Erotic, ap. Athen., xv . 16 1 17. (Ill-, iv.,
319
CORONA. CORPUS JURIS CIVFL13.
"
to snam drunk, says, Capiam coronam mihi in from the whole flower, and sewed together by
eapul, assimilabo me esse ebrium." But, as luxury skilful hand, so as to form an elegant chaplet. 1
increased, they were made of various flowers or V. CORONA TONSA or TONSILIS* was made of
shrubs, such as were supposed to prevent intoxica- leaves only, of the olive or laurel for instance,* and
tion of roses (which were the choicest), violets,
;
so called in distinction to nexilis and others, in
myrtle, ivy, philyra, and even parsley. The Ro- 1
which the whole branch was inserted.
mans were not allowed to wear these crowns in VI. CORONA RADIATA* was the one given to the
"
in usu promiscuo," which was contrary to gods and deified heroes, and assumed by some of
public,
the practice of the Greeks, and those who attempt- the emperors as a token of their divinity. It may
ed to do so were punished with imprisonment." be seen on the coins of Trajan, Caligula, M. Aure
IV. CORONA NUPTIALIS. The bridal wreath, are- lius, Valerius Probus, Theodosius, &c and is given ,
<l>of yafiTjhiov,
3
was also of Greek origin, among in the woodcut annexed, from a medal of Marc An-
whom it was made of flowers plucked by the bride tony. 4
herself, and not bought, which was of ill omen.*
Among the Romans it was made of verbena, also
gathered by the bride herself, and worn under the
jlammeum,* with which the bride was always en-
veloped.
6
The bridegroom also wore a chaplet. 7
The doors of his house were likewise decorated
with garlands, 8 and also the bridal couch.'
V. CORONA NATALITIA, the chaplet suspended
over the door of the vestibule, in the houses of both
Athens and Rome, in which a child was born. 10 At
Athens, when the infant was male, the crown was
made of olive when female, of wool ; u at Rome it
;
T. COKONA LoNOA,
13
which is commonly thought to man knight, when he saw Claudius with such a
resemble what we call a festoon, and, as such, seem crown upon his head, 7
augured that he would not
to have been chiefly used to decorate tombs, curule survive the autumn.
chairs, triumphal cars, houses, &c. But the word *CORO'NE (Kopuvi)), the Corvus Corone, or Car-
must have had a more precise meaning, and was rion Crow. (Vid. CORAI.) The specific name of
Aiof Kopuvr] is applied by Aristotle* and by ^Eli-
probably called longa from its greater size, and
meant a circular string of anything, like the " rosa- an to a water-bird, which was, no doubt, some spe-
9
stalks but subsequently it was confined to the rose Institutes, Pandects, the Codex, and Novelise. The
;
(Tertuli., De
Coron. Mil., c. 13. Claud., Nupt. Honor. etMar. constitutions of Justin the younger, several consti-
202. Plaut., Cas., IV., i., 9.) 8. (Catull., Ixiv., 294. Juv.
tutions of Tiberius the younger, a series of consti-
Sat., vi., 51, 227.) 9. (Apollon. Rhod., iv., 1143.) 10. (Juv.
Sat., ix., 85. Meursius, Attic. Lect., iv., 10.) 11. (Hesych.
i.v. Sr^axof.) 12. (Bartholin., De Puerp.,p. 127.) 13. (Cic. 1. (Plin., 1. c.) 2. (Virg., -Jin., v., 556.) 3. (Serv. ad Virg.,
De Leg., 24. Ovid, Fast., iv., 738.) 14. (Plin., H. N., xxi., 4 leorg., iii., 21.) 4. (Stat., Theb., i., 28.) 5. (Goltz, Hist
txxiii., 4.) 15. (Recueil d'Antiq., vol. v., pi. 57, No. 3.) 16 !IES.,xlvi., 3.) 6. (Hor., Carm., III., xxv., 20 ; IV., viii., 33.)
(Plin., H. N., xxi., 8.) 17. (Bacch., I., i., 37.) 18. (Propert. 7. (Tacit., Ann., xi., 4. Compare Artcmidor., i., 79.) 8.
Jii., 20, 18, ed. Kuiuoel.) 19. (Aul. Cell., xviii., 2.) 20. (Xen Aristot., H. A., viii., 5.) 9. (N. A., a t.\ 23.) 10. (v., 66.)
Coloph., ap. Athen., xv., 22.) 21. (Eubulus, Comicui, 1. c.) .1. (Adams, Append., s. v.) &-
12. (Thei.phrast., H. P., vii.,
82. (Plin., H. N., xxi., 8.) Id., C. P., ii., 5. Dios"OT., ii., 156. Adams, Append., 9. r \
RR 313
CORTINA. CORVUS
Unions ol Justinian, Justin, and Tiberius 113 No- ;
CORYB ANTES (KopMavres). The history and
veliseof Leo, a constitution of Zeno, and a number explanation of the deities bearing this, name, in the
of constitutions of different emperors, under the early mythology of Greece, cannot be given in thia
name of BaaifaKal Aioiufetf, or Imperatoriss Con- place, as it would lead us to enter into historical
stitutiones the Canones Sanctorum et venerando-
;
and mythological questions beyond the limits of this
rum Apostolorum, Libri Feudorum, a constitution Dictionary. The Corybantes, of whom we have to
of the Emperor Frederic II., two of the Emperor speak here, were the ministers or priests of Rhea
Henry VII., called Extr?.vagantes, and a Liber de or Cybele, the great mother of the gods, who was
pace Constantiae. Some editions also contain the worshipped in Phrygia. In their solemn festivals
fragments of the Twelve Tables, of the preetorian they displayed the most extravagant fury in their
edict, &e. dances in armour, as well as in the accompanying
Some editions of the Corpus Juris are published music of flutes, cymbals, and drums. 1 Hence KO-
with the gloss, and some without. The latest edi- pvBavTiGfiog was the name given to an imaginary
tion with the glossae is that of J. Fehius, Lugd., disease, in which persons felt as if some great noiso
1627, six vols. folio. Of the editions without the were rattling in their ears.*
the most important are, that of Russardus, CORYBANT'ICA (Kopv6avriKu), a festival and
,ugd., 1561, 2 vols. folio, which was several times
flossse, mysteries celebrated at Cnossus in Crete, in com-
reprinted; Contius, Lugd., 1571 and 1581, 15 vols. memoration of one Corybas,* who, in common with
12mo; Lud. Charondae, Antw., 1575, folio; Dionys. the Curetes,- brought up Zeus, and concealed him
Gothofredi, Lugd., 1583, 4to, of which there are from his father Cronos in that island. Other ac-
various editions one of the best is that of Sim. Van
;
counts say that the Corybantes, nine in number,
Leuwen, Amst., 1663, folio G. Chr. Gebaueri, cura
; independent of the Curetes, saved and educated Ze-
G. Aug. Spangenberg, Goetting., 1776-1797, 2 vols. us a third legend* states that Corybas was the father
;
4to ; Schrader, of which only the Institutes are yet of the Cretan Apollo who disputed the sovereignty
published. of the island with Zeus. But to which of these
*CORRU'DA, the name by which the wild As- three traditions the festival of the Corybantica owed
known among the Romans (aairapayos
paragus was its origin is uncertain, although the first, which was
rounding any object of attraction. 11 against the Carthaginian fleet in the battle fought
off Mylae, in Sicily (B.C. 260). The Romans, we
1. (II. N., IT., 37; xix.,4; xx., 10.) 2. (Billerbeck, Flora are told, being unused to the sea, saw that theii
Classica, p. 93, 94.) 3. (Plin., H. N., ix., 62.) 4. (Cato, De
Re Rust., 66.) 5. (Plaut., Poon., V., v., 2.) 6. (Virg., JEn 2. (Plato, Criton.
1. (Strab., x., 3, p. 367, ed. Tauchnitz.)
vi., 347.) 7. (Plin., H. N., xxxiv., 8. Schol. ad Hor., Sat., I.
p. 54, D., with Stallbaum's note.) 3. (Strabo, x., 3, p. 365, ed
ri., 116. Mart., xii., 66,, 7. Suet., Octav., 52.) 8. (Sever, in
Tauchn.) 4. (Cic., De Nat. Deor., iii., 23.) 5. (Plato, Euthy
.Sin., 294.) 9. (Paus., i., 20, t> 3. Plutarch, Pericl., 13.) 10. dem., p. 277, D. Dion Chrysost., Orat., xii., p. .T87. Proclug
(Ennius ap. Varr., De Ling. La'., viii., 48, ed. Miiller.) 11 Theol Plat.,vi., 13.) 6. (Peiiitures Antiques, plate 40.) 7. fa
(Tacit., De Oral., 19.) 110.)
314
CORYTOS CCISMI.
was by bringing a sea-fight In quilus est nemo, qui non ccrylm el arcum
1
ring. The corvus itself was a strong piece of iron, s alone sufficient to refute this opinion for it was
;
with a spike at the end, which was raised or low- lot customary for female slaves to take off their
ered by drawing in or letting out the rope. When unics when a punishment was to be inflicted upon
an enemy's ship drew near, the machine was turned hem. There was, indeed, a class of female slaves
outward, by means of the pivot, in the direction of were employed for the same purposes as the
the assailant. Another part of the machine, which cosmetae ; but they were called cosmetria, a name
Polybius has not clearly described, is a breastwork, vhich Naevius chose as the title for one of his corn-
let down (as it would seem) from the ladder, and dies. 8
serving as a bridge, on which to board the enemy's COSMI (Koo-pot). The social and political insti-
vessel." By means of these cranes, the Carthaginian utions of Crete were so completely Dorian in char-
ships were either broken or closely locked
with the acter, and so similar to the Spartan, that it was a
Roman, and Duilius gained a complete victory. disputed point among the ancients whether the
The word corvus is also applied to various kinds partan constitution had its origin there, or the
of grappling-hooks, such as the corvus demolitor, Iretan was transferred from Laconia to Crete.
mentioned by Vitruvius 3 for pulling down walls, or The historian Ephorus* expressly states that the
the terrible engine spoken of by Tacitus,* which, Spartan institutions had their origin in Crete, but
being fixed on the walls of a fortified place,
and were so that
perfected and completed in Sparta ;
suddenly let down, carried of! one of the besieging here is good reason for the assertion of Miiller.'
party, and then, by a turn
of the machine, put him that the constitution founded on the principles of
'
down within the walls. The word is used by Cel- the Doric race was there first moulded into a on-
sus for a scalpel. It is hardly necessary to remark sistent shape, but even in a more simple and anti-
that all these meanings have their origin in the sup- quated form than in Sparta at a subsequent period."
posed resemblance of the various instruments to Thus much, at any rate, we know for certain, that
the beak of a raven. there were various Dorian cities in the island, the
*CORVUS, the Crow. (Vid. CORONE.) [political arrangements
of which so closely resem-
*COR'YLUS (/copv/lof), the Hazel-tree, or Corylus sled each other, that one form of government was
Avellana. (Vid. AVELLANA Nux.) ascribed to all. 8 In the earliest ages of which we
CORY'TOS or CORY'TUS (yupviot;, KupvTotf, a have historical information, this was an aristocracy
Bow-case. This was worn suspended by a belt consisting of three component bodies, the cosmi, the
5
'vid. BALTEUS) over the right shoulder, and it fre- The cosmi were ten in
gerusia, and the ecclesia.
quently held the arrows as well as the bow (sagitti- number, and are by Aristotle, Ephorus, and Cicero
9
feri coryti*). On this account, it is often confound- compared to the ephors at Sparta. Miiller, how-
ed with the PHARETRA or quiver. ever,
10
compares them with the Spartan kings, and
It is generally carried by the armed Persians,
supposes them to have succeeded to the functions
who are represented on the Persepolitan bas-reliefs of the kingly office which Aristotle (probably allu-
;
;
and in this, as in many other respects, we observe ding to the age of Minos) tells us was at one time
the agreement between them and the European na- established in Crete. These cosmi were ten in
tinns situated to the north of the Euxine Sea number, and chosen, not from the body of the peo-
:
the executive and chief power in most of the cities naeus quotes, namely, TUV dovhuv I < acrrof , probably
of Crete. refers to the periceci, dovhoi being used as a generic
The yepovaia, or council of elders, called by the term for those who were not full and free citizens.
Cretans /?<w/U?, consisted, according to Aristotle,
1
The slaves were divided into two classes, the
of thirty members who had formerly been cosmi, public bondsmen (rj K.OLVTJ Sovfaia), and the slaves
and were in other respects approved of (TU ci/U of individuals. The former were called the fivua,
6oKi/i3i KpivoftevoS). They retained their office for [j.voia, fivuta, or M.IVUIO. avvodog the latter, u^afiiu- :
yspovreg and the noafioL It is, indeed, not improb- other cases would lead us to suppose that they con-
able that it was only summoned to give its sanction sisted partly of the slaves of the conquered freemen
to these decrees and. though this may appear to
;
of the country, and partly of such freemen as rose
imply the power of withholding assent, still the against the conquerors, and were by them reduced
force of habit and custom would prevent such an to bondage. But, besides these, there was also a
alternative being attempted, or, perhaps, even class of household servants employed in menial la-
thought of.* bours, and called ^pvowj/rot they were, as their:
From these observations, it is clear that the Cre- name denotes, purchased, and imported from fore'^n
tan constitution was formerly a Dorian aristocracy, countries.
which, in the age of Aristotle, had degenerated to *COSS'YPHUS or COPS'ICHUS (Koaavfot, KO}-
what he calls a dwaareia, i. e., a government vest- i^of), the Blackbird or Merle, the Turdus Merula,
ed in a few privileged families. These quarrelled L. It is the same with the Merula vulgaris of the
one among the other, and raised factions or parties, later authorities on Natural History. Aristotle also
in which the demus joined, so that the constitution makes mention of a white species found among the
was frequently broken up, and a temporary mon- mountains of Arcadia.
archy, or, rather, anarchy, established on its ruins. *COSTUM (xocrrof), an aromatic shrub, which
The cosmi were, in fact, often deposed by the most yielded a fragrant ointment, commonly supposed to
powerful citizens, when the latter wished to impede be Spikenard. Woodville says of it: "Some have
the course of justice against themselves (p) dovvat thought the Zedoary to be the /cdtrrof of Dioscori-
a
fJt/caf), and an then ensued, without any
uK.ocfj.ia des, the Guiduar of Avicenna, and the Zerumbei
legal magistrates at the head of the state. of Serapion." After comparing the descriptions of
In the time of Polybius, the power of the aristoc- Dioscorides and Serapion, Adams is satisfied that
racy had' been completely overthrown for he tells ;
the Zerumbct of Serapion is the Zedoary, but that it
us that the election of the magistrates was annual, is not the Koarof of the Greeks for both Serapion ;
and determined by democratical principles. 4 In and Rhases, according to him, treat separately of
the Koorof by name in another place. "
other respects, also, he points out a difference be- Geoffrey,"
tween the institutions of Crete and those of Lycur- remarks Adams, "confesses his ignorance of it.
gus at Sparta, to which they had been compared by Sprengel and Stackhouse name it the Costus Ara-
other writers. bicus (a plant, by-the-way, so rare, that Linnaeus
Miillftr observes that the cosmi were, so far as had never seen it). Dr. Hill, however, was of a
we know, the chief magistrates in all the cities of different opinion regarding it he says, Our Costus
:
'
Crete, and that the constitution of these cities was Arabicus does not seem to be the same with either
in all essential points the same a proof that their
;
of the kinds mentioned by the Greeks and Arabians.'
political institutions were determined by the princi- Upon the whole, there is not an article in the Ma-
ples of the governing, i. e., the Doric, race. teria Medica of the ancients about which there is
We will now briefly explain some of the social greater uncertainty. shall only add regarding We
relations of the Cretans, which were almost identi- it, that although, as we have already stated, Zedo-
cal with those of the Spartans. ary be not the same substance as the ancient Cos-
The inhabitants of the Dorian part of the island tus, it would appear that the one was sometimes
were divided into three classes, the freemen, the used as a substitute for the other in the composi
periceci or vnrjKooi, and the slaves. The second tion of the Mithradate." 3
class was as old as the time of Minos, and was un- COTHU'RNUS (Kodopvot), a Boot. This was a
doubtedly composed of the descendants of the con- particular kind of covering for the foot, included
quered population they lived in the rural districts, under the general term CALCEUS
;
whence Pliny ;
round the iro^eig of the conquerors and, though says,* calceatus cothurnis, i. e., wearing boots. Its
;
personally free, yet exercised none of the privileges essential distinction was its height ; it lose above
or influence of citizens, either in the administration the middle of the leg, so as to surround the calf
ami enactment of the laws, or the use of heavy (alte suras vincire cothurno*), and sometimes it reach-
arms. They occupied certain lands, for which they ed as high as the knees.' It was worn principally
paid a yearly tribute or rent, supposed, from a state- by horsemen, by hunters, and by men of rank and
ment in Athenaeus, 6 to have been an ^Eginetic stat- authority. The ancient marbles, representing these
1. (Polit., ii., 7.) 2. (Ephor. ap. Strab., 1. c.) 3. (Thirl- 1. (Sosicr. ap. Athen., vi., 263.) 2. (i., 15.) 3. (Adams, Ap-
5. (Virg., An., i., 337 ) 8
wall, Hist. Greece, i., 186.) 4. (Thirtwall, 1. c. Goettling, Ex- pend., s. v.) 4. (H. N., vii., 20.)
curs, ad Aristot., ii., 7.) 5. (Polyb., vi., 44.) 6. (iv , 143.) (Millin, Vases Ant., yol i., pi. 19 and 72.)
COTINOS. COTTABUS.
show that the cothurnus was " That
different characters, ety of hie n6nvof. plant," observes Manyn,
" which is cultivated in
often ornamented in a very tasteful and elaborate our gardens under the name
manner. The boots of the ancients were laced in of Oleaster, is not an olive. Tournefort refers it to
front, and it was the object in so doing to make genus of Elaagnus. It grows in Syria, Ethio-
his
them fit the leg as closely as possible. The paws and on Mount Lebanon. Crusius observed it
pia,
and head of the wild animal out of whose hide they in great plenty, also, near Guadix, a city in tho
were made, sometimes turned down like flaps on kingdom of Granada, as also in the south of France
the side of the wearer's leg. The skin or leather and in Germany. It is thought to be the Cappado-
was dyed purple (purpureo cothurno 1 ), or of other cian Jujubes, which are mentioned by Pliny among
splendid colours. The patricians of Rome wore a the coronary flowers
'
Zizipha, qua et Cappadocia :
small ivory crescent (luna) attached to their boots. vocantur: his odoratus similis olearum floribus .' The
It is evident, from the various representations of flowers of the El&agnus are much like those of the
the cothurnus in ancient statues, that its sole was Olive, but the ovary of the Elaeagnus is placed below
commonly of the ordinary thickness. But it was the
petal,
whereas that of the Olive is contained
sometimes made much thicker than usual, probably within the petal. They are very sweet, and may
1
by the insertion of slices of cork. The object was be smelt at a distance." 1
to add to the apparent stature of the wearer and ; "COTO'NEUM MALUM, another name for the
this was done either in the case of women who Cydonium malum, Or Quince. (Vid. CYDONIUM
were not so tall as they wished to appear,* or of MALUM.)
the actors in Athenian tragedy, who assumed the CO'TTABUS (KOTradof, Ionic Koaaafiof or orra-
cothurnus as a grand and dignified species of cal- 6of ), a social game, which was introduced from Sici-
ceamentum, and had the soles made unusually ly into Greece,* where it became one of the favour-
thick, as one of the methods adopted in order toite amusements of young people after their repasts.
4 Hence tragedy The simplest way in which it originally was played
magnify their whole appearance.
in general was called cothurnus.* was this One of the company threw out of a gob-
:
As the cothurnus was commonly worn in hunt- let a certain quantity of pure wine, at a certain dis-
ing, it is represented both by poets and statuaries tance, into a metal basin, endeavouring to perform
as a part of the costume of Diana.' It was also this exploit in such a manner as not to spill any of
attributed to Bacchus 7 and to Mercury.* The ac- the wine. While he was doing this, he either
companying woodcut shows two cothurni from stat- thought of or pronounced the name of his mistress,*
ues in the Museo Pio-Clementino. 9 That on the and from the more or less full and pure sound with
left hand is from a statue of Diana Succincta, i. e., which the wine struck against the metal basin, the
with the chlamys girt round her breast, and attired lover drew his conclusions respecting the attachment
for the chase (vid. CHLAMYS), and that on the right of the object of his love. The sound, as well as the
is from a statue of the goddess Roma, agreeing wine by which it was produced, were called Aura? or
10
with the description of her in Sidonius Apollinaris. the metal basin had various names, either
:
improved by pruning and transplanting. The crown each dish a vessel full of water was placed, in each
given at the Olympic Games was made of it, prob- of which stood a gilt brazen statue, called pavw.
ably on account of its being more enduring than the Every one who took part in the game stood at a
domesticated kind. The legend, however, was, that
distance, holding a cup full of wine, which he en-
Hercules brought this tree into Greece from the deavoured to throw into one of the dishes, in order
banks of the Ister. The <j>vhia of Homer is a vari- that, struck down by the weight, it might knock
against the head of the statue which was concealed
1. (Virg., I.e. Id., Eclog., vii., 32; viii., 10.) 2. (Serv. in under the water. He who spilled least of the wine
Virg., Eclog., 11. cc.) 3. (Juv., Sat., vi., 507.) 4. (Virg., Ec-
log., viii., 10. Hor., Sat., I., v., 64. Ep. ad Pis., 280.) 5. (Juv., (Billerbeck, Flora Classica, p. 5.
1.
Martyn ad Virg Georg.,
,
Sat., vi., 623 ; xv., 29.) 6. (Liv. Andronicus, ap. Ter. Maur.
ii., 182. Theophrast., H. P., ii., 3.) 2. (Athen., xv., p. 668.)
Nemesianus, Cyneg., 90.) 7. (Veil. Paterc., ii., 82.) S. (Hamil- 3.(Etymol. Mag., s. v. Korra6c?u).) 4. (Pollux, vi., 109.
ton's Vases, vol. iii., pi. 8.) 9. (vol. ii., pi. 15 : vol iii., pi. 38.)
Etymol. Mag., 1. c. Athen., xv., p. 667, sub fin.) 5. (Athea,
10. (Carm., 400.)
ii.,
nr., p. 667.)6 (1. c.) 7. (s. v. Korrafifljw.)
31?
COTYTTIA. CRAT^EGUS
that he was
gained the victor} , and thereby knew
of the licentious practices which disgiaced those of
loved by his mistisss.
1
Thrace and Greece, unless we refer the allusion
A fourth kind of cottabus, which was called KOT- made by Theocritus to the CotyXtia, to the Sicilian
radof wara/craf (diro TOV Kardyeiv TOV KorraSov), is festival. 1
described by Pollux, 2 the scholiast on Aristoph- CO'TYLA (KOTv^.7}) was a measure of capacity
anes,' and Athenaeus.* The so-called (tdvw was among the Romans and Greeks by the former it :
placed upon a pillar similar to a candelabrum, and was also called hemina ; by the latter, rpvBAiov and
the dish hanging over it must, by means of wine r)fj.iva or rifj-inva. It was the half of the sextarius or
projected from the goblet, be thrown upon it, and fecm7c, and contained 6 cyathi, =
(on Mi. Hussey**
thence fall into a basin filled with water, which, computation) -4955 of a pint English.
from this fall, gave forth a sound and he who pro- ;
This measure was used by physicians with %
ducetl the strongest was the victor, and received graduated scale marked on it, like our own chemi-
prizes, consisting of eggs, cakes, and sweetmeats.
cal measures, for measuring out given weights of
This brief description of four various forms of fluids, especially oil. A vessel of horn, of a cubic
the cottabus may be sufficient to show the general or cylindrical shape, of the capacity of a cotyla, was
character of this game and it is only necessary to
;
divided into twelve equal parts by lines cut on
add, that the chief object to be accomplished, in all its side. The whole vessel was called litra, and
the various modifications of the cottabus, was to each of the parts an ounce (uncia). This measure
throw the wine out of the goblet in such a manner held nine ounces (by weight) of oil, so that the ratio
that it should remain together and nothing be spill- of the weight of the oil to the number of ounces it
ed, and that it should produce the purest and stron- occupied in the measure would be 9 12 or 3 4.' : :
gest possible sound in the place where it was *COTYLE'DON (KOTV^UV), a plant, called in
thrown. In Sicily, the popularity of this game was English Navelwort. The two species described by
so great, that houses were built for the especial Dioscorides 3 may be confidently referred, according
purpose of playing the cottabus in them. Those to Adams, to the Cotyledon umbilicus and C. serrata.
readers who wish to become fully acquainted with KOYKIO*'OPON AENAPON (KnvitioQopov Stv-
all the various forms of this game, may consult tipov), a sort of Palm-tree. Stackhouse suggests
6
Athenaeus, the Greek lexicographers, and, above that it may have been the Palma Thebaica, called
" Doom-tree" in Brace's Travels.*
all, Groddeck, who has collected and described nine
6
of opinion that ah of them were but modifications spokes of which were armed with long sickles, and
of two principal forms. 8 which was used as a scythe-chariot chiefly by the
*COTTUS (/corrof), a species of Fish, supposed ancient Belgians and Britons. 8 The Romans des-
to be the Zeus Faber, L., or the Doree. The name ignated by the name of covinus a kind of travelling
in the common editions of Aristotle occurs at H. carriage, which seems to have been covered on all
A., K, 8, where, however, Schneider reads /3otrof, sides with the exception of the front. It had no
and refers it to the river Gudgeon.' seat for a driver, but was conducted by the traveller
*COTT'YPHUS (KOTTvQof), a species of Fish, the himself, who sat inside.
6
There must have been a
same with the Labrus merula, called in French the great similarity between the Belgian scythe-chariot
Merle. 19 and the Roman travelling carriage, as the name of
*COTURNIX. (Vid. PERDIX.) the one was transferred to the other, and we may
COTY'TTIA or CO'TTYTES (KOWTTICL, K 6r- justly conclude that the Belgian car was likewise
IVTEC), a festival which was
originally celebrated by covered on all sides except the front, and that it
the Edonians of Thrace, in honour of a goddess was occupied by one man, the covinarius only, who
called Cotys or Cotytto. 11 It was held at night, and, was, by the structure of his car, sufficiently pro-
according to Strabo, resembled the festivals of the tected. The covinarii (this word occurs only in
Cabiri and the Phrygian Cybele. But the worship Tacitus) seem to have constituted a regular and
7
of Cotys, together with the festival of the Cotyttia, distinct part of a British army.
were adopted by several Greek states, chiefly those COUREUS (Kovpcvf). (Vid. BAEBA.)
which were induced by their commercial interest *CRAMBE. (Vid. BRASSICA.)
to maintain friendly relations with Thrace. Among *CRANGON (Kpayy<jt>), formerly held to be a
" The term is now used in a
these Corinth is expressly mentioned by Suidas, species of Squilla.
and Strabo 13 seems to suggest that the worship of generic sense by late naturalists," observes Adams :
Cotys was adopted by the Athenians, who, as he "thus the common shrimp is named the Crangon
observes, were as hospitable to foreign gods as they vulgaris. It is worthy of remark, however, that
were to foreigners in general. 13 The priests of the Cuvier and Schneidor contend that the Kpayyuv of
goddess were formerly supposed to have borne the the Greeks corresponds to the Cancer digitalis."*
name of baptae but Buttmann has shown that this
;
*CRANIA or CRANETA (itpdvia, Kpdveia).
Her festivals were " All " that the
opinion is utterly groundless. agree," remarks Adams, Kpdveia
notorious among the ancients for the dissolute man- upprjv is the Cornus mascula, L., called in English
ner and the debaucheries with which they were the Cornelian Cherry, or Male Cornel-tree." For
celebrated. 1 * Another festival of the same name the other, see THELYCRANEIA (&rj'XvK.pu.veia).
9
was celebrated in Sicily, 18 where boughs hung with CRANOS. (Vid. GALEA.)
cake and fruit were carried about, which any person *CRATJSGUS (Kparai-yos). Sprengel refers the
had a right to pluck off if he chose but we have tree described by Theophrastus under this name to
;
no mention that this festival was polluted with any the Azorola, or Cratagus Azorolus, but Stack-
house to the C. torminalis. The plant of this name
1. ,"FiiZ. Schol. ad Lvician., Lexiph., 3, torn, ii., p. 325.) 2.
H'vi., 109.) 3. (Pax, 1172.) 4. (xv., p. 667.) 5. (xv., p. 666, 1. (Compare Buttmann's Essay, Ueber die Kotyttia und tie
i. f p. 476, &c.) 8. (Compare also Fr. Jacobs, Ueber den Kotta- 6 vi., 6, 8. Wurm, De Pond. Mens., &c. Hussey on Ancient
;
bos, in Wieland's Attisches Museum, III., i., p. 475-496.) 9. Weights, &c.) 3. (iv., 90, 91.) 4. (v., 45. Adams, Append.,
(Plin., H. N., xxxii., 11. Adams, Append., s.v.) 10. (Aristot., s. v.) 5. (Mela, iii., 6. Lucan, i., 426. Silius, xvii., 422.) 6.
H.A, viii., 15. .(Elian, N.A., i., 19.) 11. (Strab., x., 3, p. 362, (Mart., Epig., ii., 24.) 7. (Tacit., Agnc., 35 and 36, with M. J. H.
ed. Tauchnitz. Eupolis, ap. Hesych., s. v. Suidas.) 12. (1. c., Bekker's note. Botticher's Lexicon Tacit., s. v. Becker, Gal
p. 364.) 13. (Compare Persius, Sat.,ii., 92.) 14. (Suidas, s. v. lus, vol. i., p. 222. Compare the article ESSEDUM.) 8. (Aria-
KdTUf. Horat., Ej id., xvii., 56. Theocrit., vi.,40.) 15. (Plut., tot., II. A., iv., 4. Adams, Append., s. v.) 9. (TheoDhrat.
Proverb.) II. P., i., 9 ; iii., 4. Dioscor., i., 172. Adams, Appeao. r,>
318
CRATEF,. CREPIDA.
U-a, from Kepdvvvfu, I mix), a vessel in which the ples of that city. But craters were not only dedi-
wine, according to the custom of the ancients, who cated to the gods as anathemata, but were used on
very seldom drank it pure, was mixed with water, various solemn occasions in their service. Thus
and from which the cups were filled. In the Homer- we read in Theocritus 8 " I shall offer to the mu- :
ic age the mixture was always made in the dining- ses a crater full of fresh milk and sweet olive-oil."
room by heralds or young men (xovpoi 3 ). The use In sacrifices the libation was always taken from a
of the vessel is sufficiently clear from the expres- crater ;* and sailors, before they set out on their jsur-
sions so frequent in the poems of Homer Kprj-njpa ney, used to take the libation with cups from a cra-
:
Kepuaaadat, i. e., olvov KO.I iidup ei> Kprjrf/pt ptayEiv ter, and pour it into the sea.* The name crater was
:
rriveiv KpqTTjpa (to empty the crater) Kpijrr/pa OTTJ- also sometimes used as synonymous with airhiov,
;
caaQat, (cratera, statuere, to place the filled crater titula, a pail in which water was fetched.*
near the table) Kpr/rf/paf iiri,aTE<j>eadai, KOTOW (to
;
The Romans used their crater or cratera for the
fill the craters to the brim*). The crater, in the same purposes for which it was used in Greece ;
Homeric age, was generally of silver, 6 sometimes but the most elegant specimens were, like most
with a gold edge,* and sometimes all gold or gilt. 7 other works of art, made by Greeks. 7
It stood upon a tripod, and its onhnary place in the CRATES (rupaof ), a Hurdle, used by the ancients
ueyapov was in the most honourable part of the for several purposes. First, in war, especially in
room, at the farthest end from the entrance, and assaulting a city or camp, they were placed before
near the seat of the most distinguished among the or over the head of the soldier, to shield off the en-
guests.
8
The size of the crater seems to have va- emy's missiles. 8 From the plutci, which were em-
ried according to the number of guests for where ployed in the same way, they differed only in being
;
10
guests. According to Suidas, the first was dedi- tween two of the battlements, and, as the storming
cated to Hermes, the second to Charisius, and the party approached upon the ladders, overturned on
third to Zeus Soter ; but others called them by dif- their heads. 10
ferent names ; thus the first, or, according to others, A capital punishment was called by this name,
the last, was also designated the ^Kparrip uyadov whence the phrase sub crate necari. The criminal
iaifiovof, the crater of the good genius,
11
Kparrjp was thrown into a pit or well, and hurdles laid upon
vyisiae and pfTavinTpif or fj,Tavimpov, because it him, over which ston? were afterward heaped."
was the crater from which the cups were filled after Crates, called ficaritr. were used by the country
the washing of the hands. 1 * people upon which to diy 5^?, grapes, &c., in the
18
Craters were among the first things on the em- rays of the sun. These, as Columella informs us,
bellishment of which the ancient artists exercised were made of sedge or straw, and also employed as
their skill. Homer 13 mentions, among the prizes a sort of matting to screen the fruit from the weath-
13
proposed by Achilles, a beautifully-wrought silver er. Virgil recommends the use of hurdles in ag-
crater, the work of the ingenious Sidonians, which, riculture to level the ground after it has been turn-
by the elegance of its workmanship, excelled all ed up with the heavy rake (rostrum). Any texture
others on the whole earth In the reign of Croesus, of rods or twigs seems to have been called by the
king of Lydia, the Lacedaemonians sent to that king general name crates.
a brazen crater, the border of which was all over CRETIDA (xpriKls), dim. CREPIDULA, a Slip-
ornamented with figures (u6ia), and which was of per. Slippers were worn with the pallium, not with
such an enormous size that it contained 300 am- the toga, and were properly characteristic of the
14
phorae. Crasus himself dedicated to the Delphic Greeks, though adopted from them by the Romans.
god two huge craters, which the Delphians believed Hence Suetonius says of the Emperor Tiberius,'*
to be the work of Theodorus of Samos, and Herodo- " Deposito patrio habitu, redegit se ad pallium et cre-
tus 1 * was induced, by the beauty of their workman- pidas." They were also worn by the Macedonians, 1 *
16
ship, to think the same. It was about Ol. 35 that and with the chlamys. As the cothurnus was as-
the Samians dedicated six talents (the tenth of the sumed by tragedians, because it was adapted to be
profits made by Colaeus on his voyage to Tartessus) part of a grand and stately attire, the actors of com
to Hera, in the shape of an immense brazen crater, edy, on the other hand, wore crepidae and other
the border of which was adorned with projecting cheap and common coverings for the feet. (Vid.
Lea_!s of griffons. This crater, which Herodotus 16
calls Argive (from which we must infer that the 1. (Cic., Ep. ad Fam., vii., 1.) 2. (in Verr., iv., 59.) 3. (v.,
(Athen., xv., p. 629, F., &c.) 13. (II., xxiii., 741, &c.) 14 15. (Jacobs, Anim. ad Anthol., 2, 1, p 294.) 16. (Cic., PIT
(Herod .
i., 70.) 15. (i., 51.) 16. (iv., 152.) Hab. Pust. Val. Max., iii.. 6, 2, 3.)
31*
GRETA CRIME JS.
BAXKA, Soccus.) Also, whereas the ancients hadnote, whence its name. Some commentators sup.
thei more finished boots and shoes made right and pose it the same as the bprvyopirpa of Aristotle,
left, their slippers, on the other hand,
were made to who treats of them separately. " It is generally
1 " to be the Land Rail or
fit both feet indifferently. held," says Adams, Corn
*CRETA, in a general sense, means any whitish Crake, namely, the Rallus Crex, L or Ortygomett ,
earth or clay, such as potter's clay, pipe-clay, &c. Crex of later naturalists but if Tzetzes was cor ;
Thus Columella" speaks of a kind of Greta, out of rect in describing it as a sea-bird, resembling the
which wine-jars and dishes were made: Virgil 8 Egyptian ibis, this opinion must be admitted to be
calls it "tough" (tenax); and the ancient writers on untenable. Dr. Trail suggests that the one may
Agriculture give the same epithet to marl which have been the Land, and the other the Water Rail."
1
was employed to manure land.* In a more special CRE'TIO HEREDITA'TIS. (Vid. HEREDITY.)
sense, several varieties of Creta occur in the ancient CRIMEN. Though this word occurs so fre-
writers. Thus I. Creta, properly so called (Terra
:
quently, it is not easy to fix its meaning. Crimen
Creta, Kp^n/dy yrj'), is our chalk, which obtained its is often equivalent to accusatio (KaTriyopia) but it ;
name from the island of Crete, where it abounded. frequently means an act which is legally punishable.
The ancients employed it in medicine, as weaker In this latter sense there seems to be no exact def
than the Terra Cfiia ; and they were also acquaint- inition of it given by the Roman Accord
jurists.
ed with its use as a cleanser of silver vessels. 6 II. ing to some modern writers, crimina are either pub-
Creta annularia. " The earth called annularia, spo- lic or private ; but if this definition is admitted, we
ken of by Pliny in connexion with Selinusian, and have still to determine the notions of public and
which was stained with woad to produce an imita- private. The truth seems to be, that there was a
6
tion of Indicum, is probably," observes Dr. Moore, want of precise terminology as to what, in common
u the same with the annulare
(viridum) mentioned language, are called criminal offences among the
afterward 7 by the same writer, and which was so Romans and this defect appears in other systems
;
called because made of clay coloured with common of jurisprudence. Crimen has been also defined by
green ring-stones. This, at least, strange as it is, modern writers to be that which is capitalis (vid.
appears to be the only sense we can extract from CAPUT), as murder, &c. ; delictum that which is a
Pliny's words, the meaning of which Beckmann ac- private injury (privata noxa) a distinction founded
;
8
knowledges he had not been able to discover. The apparently on Dig. xxi., tit. 1, s. 17, 15.
same author inclines to think that the earth called Delicts (delicta) were maleficia, wrongful acts,*
annularia received its name from its use in sealing, and the foundation of one class of obligations:
a purpose to which certain kinds of earth were an- these delicts, as enumerated by Gaius, 3 are furtum,
9
ciently applied." III. Creta Cimolia. (Vid. CIMO- rapina, damnum, injuria ; they gave a right of action
LIA TERRA.) IV. Creta Eretria, a species of earth to the individual injured, and entitled him to compen-
obtained from the neighbourhood of Eretria, in the sation. These delicts were sometimes called crim-
island of Eubcea. It is, according to Hill, a fine ina.* Crimen, therefore, is sometimes applied to
pure earth, of a grayish white, moderately heavy, that class of delicta called privata ;* and, accord-
and of a smooth surface, not staining the hands, ingly, crimen may be viewed as a genus, of which
and readily crumbling between the fingers. It burns the delicta enumerated by Gaius are a species. But
to a perfect whiteness, acquiring a stony hardness crimen and delictum are sometimes used as synon-
and an acrimonious taste, and in a violent fire runs ymous.
6
In one passage 7 we read of majora delic-
into a very pure pale blue glass. What distinguish- ta (which, of course, imply minora), which expres-
es it, however, in a more marked manner from sion coupled with the expression omnia crimina
is
other earths is, that if a little be wetted and drawn in such a way that the inference of crimen contain-
over a plate of brass or copper, so as to mark a ing delictum is, so far as concerns this passage,
line, the mark will in a little time appear bluish. necessary for the omnia crimina comprehend (in
;
This is a character originally recorded of it by Di- this passage) more than the delicta majora.
oscorides, and which Hill explains by assigning the Some judicia publica were capitalia, and some
earth in question alkaline property in a much strong- were not.Judicia, which concerned crimina, were
er degree than other earths possess. In the Mate- not, for that reason only, publica. There were,
ria Medica of former days, it was used as an astrin- therefore, crimina which were not tried in judicia
gent and sudorific. The ancients mention another publica. This is consistent with what is stated
Eretrian earth of a pure white, but this appears to above as to those crimina (delicta) which were the
have been no other than the true white Bole of Ar- subject of actions. Those crimina only were the
menia 10 V. Creta Sarda, a species of earth obtain- subject of judicia publica which were made so by
ed from the island of Sardinia. Pliny calls it " vi- special laws such as the Julia de adulteriis, Cor-
;
lissima omnium cimolice generum," the cheapest kind nelia de sicariis et veneficis, Pompeia de parrici-
of Cimolite. It was, however, used in the first diis, Julia peculatus, Cornelia de testamentis, Julia
place to cleanse garments that were not dyed, de vi privata, Julia de vi publica, Julia de ambitu,
which were then fumigated with sulphur, and final- Julia repetundarum, Julia de annona.
8
So far as
ly scoured with Cimolia Terra." VI. Creta Selinu- Cicero 9 enumerates causa} criminum, they were
sia, an earth obtained from the neighbourhood of causae publici judicii ; but he adds, 10 " criminum est
Selinus in Sicily, whence its name. It is now multitude infinita." Again, infamia was not the
found in various parts of the globe the finest kind,
;
consequence of every crimen, but only of those
however, is the Sicilian. Dioscorides describes it crimina which were " condem-
publicii judicii." A
as of a very bright and shining white, friable, and nation, therefore, for a crimen, not publiei judicii,
very readily disuniting and diffusing itself in water. was not followed by infamia, unless the crimen
It was used by the ancient physicians as an astrin- laid the foundation of an actio, in which, even in
13
gent, and among females as a cosmetic. the case of a privatum judicium, the condemnation
*CREX (KP?O> a species of Bird with a creaking was followed by infamia ; as furtum, rapina, inju-
2. (xii., 43.) 3. (Georg., i., 179.)
riae." Crimen, then, must be an aci which, if
1(Isid., Orig., ix., 34.)
. (Varro, R. R., i., 7, 8. Geopon., x., 75. 12 ix., 10, 4.) 5.
;
2.
(Plin., H. N., xxxv., H. A.,
of Adams, Append., s.
(Hill's History Fossils, &c., p. 43.) 6. 1. (Aristot., ix., 2. v.> (Dig
87 ) 7. (Plin., H. N., xxxv., 30.) 8. (Hist. Invent., iv., 106.) 47, tit. 1, s. 3.) 3. (iii., 182.) 4. (Crimen furti : Gaius, iii.,
J (Moore's Anc. Mineral., p. 74.) 10. (Hill, Hist. Fossils, &c., 197.) 5. (Dig. 47, tit. 1, de Privatis Delictis.) 6. (Di^r. 48, tit
n 5.) 11. (Plin., H. N., xxxv., 57. Moore's Anc. Mineral., p. 19, s. 1.) 7. (Dig. 48, tit. 19, s. 5.) 8. (Dig. 48, tit. 1 s. 1.)-
12. (Hill, Hist. Fossils, &c., p. 40.) 9. (De Oral., ii., 25.) 10. (ii., 31.) 11. (Dig. 18, tit .', 8. 7.)
73.)
320
CHIOS. CRUCODILUS.
proved against the offender, subjected him to some is.) II. The Ram. (Vid. Ovis.) III.
punishment, the consequence of which was infamia ; <5f), A large fish, mentioned by Oppian and ^Elian.
but it would not therefore follow that infamia was It cannot be satisfactorily determined. 1 IV. (Kpwi
only the consequence of a crimen. p6tvdof), A species of the Cicer arietanum. (Vid
Most modern writers on Roman law have con- EREBINTHUS.)*
sidered delicta as the general term, which they 'CRISTA. (Vid. GALEA.)
have subdivided into delicta publica and privata. CRITAI (Kpirai), (judges). This name was appli-
The legal consequences of delicta in this sense ed by the Greeks to any person who did not judge
were compensation, punishment, and infamia as a of a thing like a diKaarrjf, according to positive laws,
but according to his own sense of justice and equi-
consequence of the other two. The division of de- 3
licta into publica and privata had, doubtless, partly ty. But at Athens a number of Kpiral were cho-
its origin in the opinion generally entertained of the sen by ballot from a number of selected candidates
nature of the delict ;
but the legal distinction must at every celebration of the Dionysia, and were
be derived from a consideration of the form of ob- called ol Kptral, tear" e^o^v. Their office was to
taining redress for, or punishing, the wrong. Those judge of the merits of the different choruses and
delicta which were punishable according to special dramatic poems, and to award the prizes to the vic-
leges, senatus consulta, and constitutiones, and were
tors.* Their number is stated by Suidas (*. v. 'Ev
prosecuted in judicia publica, were apparently more TTEVTE KpiTtiv jovvaoi) to have been five for come-
especially called crimina ; and the penalties, in case dies and G. Hermann has supposed, with great
;
of conviction, were loss of life, of freedom, of civ- probability, that there were, on the whole, ten Kptrai,
itas, and the consequent infamia, and sometimes pe- five forcomedy and the same number for tragedy,
cuniary penalties also. Those delicta not provided one being taken from every tribe. The expression
4
for as above mentioned, were punishable by action in Aristophanes, VIKQV nuai rotf Kpcrals, signifies to
(actiones pcenales), and were the subjects of judi- gain the victory by the unanimous consent of the
cia privata, in which pecuniary compensation was five judges. For the complete literature of this sub-
awarded to the injured party. At a later period, ject, see K. F. Hermann's Manual of the Pol. Ant.
we find a class of crimina extraordinaria, 1 which of Greece, $ 149, n. 13.
are somewhat vaguely defined. They are offences CRO'BYLOS. ( Vid. COMA, p. 291.)
which in the earlier law would have been the foun- *CROCODPLUS Crocodile.
(KpoKodetioc), the
dation of actions, but were assimilated, as to their The name properly denotes a small species of Liz-
punishment, to crimina publici judicii. This new ard, and was merely given by the Greeks to the
class of crimina (new as to the form of judicial pro- Crocodile itself, from the resemblance which the
ceedings) must have arisen from a growing opinion latter bore to this small creature,' just as our Alii'
of the propriety of not limiting punishment, in cer- gator is the Portuguese "al legato," the Lizard.
tain cases, to compensation to the party injured. Hence Aristotle calls the Crocodile xooKodtiAof a
The person who inquired judicially extra ordinem, TTOTa/jiiof, and the Lizard /cpod<5ttAoj 6 ^epactof.
might affix what punishment he
pleased, within The Egyptians, says Herodotus, called the Croco-
x^H^nf this, however, is a mere corruption in
'
seasonable limits." Thus, if a person intended to dile
prosecute his action, which was founded on male- Greek of the Egyptian name Msah or Emsooh,
ficium (delict), for pecuniary compensation, he fol- which the Copts still retain in Amsah, and from
lowed the jus ordinarium but if he wished to pun- ;
which the Arabs have derived their modern appel-
ish the offender otherwise (extra ordinem ejus rei lation Temsah. The ancient writers have left us
pcenam exerceri (el) velit), then he took criminal accounts of this animal, but they are more or less
" 3 Thus Herodotus says 7 it is blind in the
proceedings, subscripsit in crimen." imperfect.
Delicta were farther distinguished as to the pen- water an evident error, unless he mean by the
;
state, or by those to whom the power of prosecu- tensible, nor easily seen at first view, since it com
tion was given, as in the case of the lex Julia de pletely fills the cavity of the jaw between the two
adulteriis, &c. In the case of delicta publica, the rows of teeth, it has been supposed to have no
intention of the doer was the main thing to be con- actual existence. Again, the Crocodile, according
sidered the act, if done, was not for that reason
: to Herodotus, does not move its lower jaw, but
only punished nor if it remained incomplete, was it
; brings the upper one down in contact with it. Now
for that reason only unpunished. In the case of the truth is just the other way the lower jaw alone :
delicta privata, the injury, if done, was always com- is moved, and not the upper. The lower jaw ex-
pensated, even if it was merely culpa. (Vid. CULPA.)
tends farther back than the scull, so that the neck
CRFMINA EXTRAORDINA'RIA. (Vid. CRI-
must be somewhat bent when it is opened. The
MEN.) appearance thus produced has led to the very com
"CRIMNUS or -UM (Kpipvoc, or -ov), the larger mon error of believing that the Crocodile moves its
granules of bruised grains, called Groats in Eng- upper jaw, which is, in fact, incapable of motior,
"
lish. Damm, however, says it was also applied to except with the rest of its body. Naturalists de"
Barley itself. He contends that npi in Homer is scribe four species of the Crocodile, namely, Croco
a contraction from /cp//zi>of, and not from Kptffjj* dilus alligator, C. cayman, C. gavial, and C. candi
*CRINANTH'EMUM (Kpivuvdenov), probably the vcrbera. The third of these being found only in
Sempermvum tectorum, or House-leek. Such, at India, and the fourth being peculiar to America, it
least, is the opinion of Sprengel and Dierbach.' follows that the ancients could have had little ac-
*CRINON (Kpivov), the Lily. (Vid. LILIUM.) quaintance with any other species than the Alhga-
*CRIOS (/cptof), I., a military engine. (Vid. Ani-
1. (Adams, Append., s. v.) 2. (Theophrast., H. P., T/li., 5.)-.
1. (kig. 47, tit. 11.) 2.
(Dig. 48, tit. 19, i. 13.) 3. (Dig. 47, 3. (Herod., iii., 160. Demosth., Olynth., i., p. 17 c., Mid., p ;
Among the Egyptians, the Crocodile was peculiarly CROCO'TA (sc. vestts : Kpoxurov, sc. tfiuriov, or
sacred to the god Savak. Its worship, however, KpoicuTOf, sc. ^trtiv) was a kind of gala-dress, chitflj
did not extend to every part of Egypt some places ; worn by women on solemn occasions, and in Greece
8
considering it the representative of the Evil Being, especially at the festival of the Dionysia. It waa
and bearing the most deadly animosity to it, which also worn by the priests of Cybele,* and sometimes
4
led to serious feuds between neighbouring towns. by men of effeminate character. It is evident,
Such was the cause of the quarrel between the from the passage of Virgil, that its name was de-
Ombites and the Tentyrites, as described by Juve- rived from crocus, one of the favourite colours of
nal and the same animal which was worshipped
;
the Greek ladies, as we still see in the pictures dis-
at Ombos, was killed and eaten by the inhabitants covered at Herculaneum and Pompeii. The cir-
of Apollinopolis. The Crocodile enjoyed great
3
cumstance that dresses of this colour were in Latin
honours at Coptos, Ombos, and Crocodilopolis or commonly called vestes crocatae or cioceae, has in-
Arthribis, in the Theba'id. In Lower Egypt, it was duced some writers on antiquities to suppose that
particularly sacred at a place called the City of crocota was derived from uponi) (woof or weft) or
Crocodiles (Crocodilopolis), and afterward Arsinoe, KpoKif (a flake of wool or cotton on the surface of
the capital of a nome, now the province o^ Fyoom. the cloth), so that it would be a soft and woolly
The animals were there kept in the Lake Maeris, kind of dress.* But the passages above referred to
and were buried in the under-ground chambers of are sufficient to refute this opinion, and the name
the famous Labyrinth. The Crocodile is now sel- crocota was, like many others, adopted by the Ro
dom eaten, the flesh being bad. Indeed, in former mans from the Greeks.'
times, it seems rather to have been eaten as a mark. *CROCOTTAS (xpoKOTTaf), an animal mention-
of hatred towards the Evil Being, of whom it was ed by the ancient writers, and said to be produced
the emblem, than as an article of food.* The Croc- from the wolf and dog, but to be much more fero-
odile at present is found in the Nile only towards cious than either of these animals. Such, at least,
7 8
the region of Upper Egypt, where it is extremely is the account of Artemidorus, Diodorus Siculus,
9
hot, and where this animal never falls into a lethar- and Agatharchides. But the coupling of the wolf
gic state. Formerly, when it was wont to descend and dog, though easy, and often effected in mena-
the branches of the river which water the Delta, it geries at the present day, produces no durable spe-
used to pass the four winter months in caverns, cies. It is more probable, therefore, that the Cro-
and without food. Of this fact we are informed by cottas answers to the Hyena, since the latter ha*
Pliny and other ancient naturalists. In the year very strong teeth, and breaks bones with the great-
58 B.C., the aedile Scaurus exhibited at Rome five est ease, as the Crocottas is said to have done. The
crocodiles of the Nile and subsequently, the Em- earliest passage respecting the Crocottas is found
;
peror Augustus had a circus filled with water, and in Ctesias, and the description there given is almost
exhibited there to the people thirty-six crocodiles, the same with that by which the Oriental writers
which were killed by an equal number of men who describe the Hyena. 10
vere habituated to fight with these animals."
6
*CROM'YON or CROMMTON
(npofivov, Kp6fi-
*KPOKOAEI"AO2 (^epdatof or ff/ct'y/cof), the pvov), the Allium cepa, or Garlic. (Vid. ALLIUM.)
slunk, or Land Crocodile. There are two species CRO'NIA (xpovid), a festival celebrated at Athens
f the Skink with which the ancients may be sup- in honour of Cronos, whose worship was said to
posed to have been well acquainted, namely, Scincus have been introduced into Attica by11 Cecrops. He
qfficinalis and <S. Algiriensis. Moses Charras says had a temple in common with Rhea. The festival
of them, " The Skinks are little animals like to liz- was held on the twelfth of the month of Hecatom-
12
ards, or, rather, like to little crocodiles, by which baeon, which, at an early period of the history ol
13
name they are known." 8 Attica, bore the name of p/v Kpoviof.
*CROCODEILTUM (KpoKodEihiov), a species of The Rhodians also celebrated a festival in honour
plant. Matthiolus informs us that it had been sup- of Cronos, perhaps the Phoenician Moloch, to whom
posed to be the Eryngium marinum, or Sea Eringo, human sacrifices, generally consisting of criminals,
and the Carlina, or Carline Thistle but he rejects were offered. This festival was held on the six-
;
i. v ) 3. (Wilkinson's Egyptians, vol. v., p. 229. Juv., Sat., Cas.) 8. (iii., 35.) 9. (ap. Phot., Cod., 250, c. 39.) 10. (Cu-
xviii., 36.) 4. (Wilkinson, 1. c.) 5. (Griffith's Cuvier, vol. ix., vier ad Plin., 8, 30.) 11. (Paus., i., 18, $ 7.112 (Demosth,
6. (Aristot., H. A., ii., 1. Dioscor., M. M., ii., 71. 13. (Athen., xiii., p. 581.) A. (Porphyr
p. 190 )
c. Timocr., p. 708.)
Adams, Append., s. v.) 7. (Dioscor., iii., 10. Galen, De ap. Theodoret, vii., Grac. Affect. De Abstinert., ii.. 54 ) 15
s. v.) ( Vid. Athen.. xiv., p. 639. Appian, III 5 >
%imp1 ,
vii Adams, Append.,
CRYPTEIA. CRYPTEIA.
" as a war which the words, that his attention was more particularly di-
stitution of the crypteia ephors
rected to the advantages which young soldiers might
themselves, on entering upon their yearly office, derive from such hardships as the KpvirToi had to
proclaimed against the Helots." Heraclides, how- But even Plato's colony would not have
undergo.
1. (De Cymb. Vet., i., 4, 5, 6.} 2. (Nubes, 260.) 3. (II., xi.,
4. (v., 2.) 5. (Sat., ii., 10.) 6. (Sec. I., art. vi., ft?. 43.) 1. (Hist. Greece, vol. i., p. 311.) 2. (Isocr., Panath., p. 271
160.)
7. (Arist.. Nub., 448. Eur., Cycl., 104.) 8. (Aristot., H. A., B.) 3. (Thucyd., 80.)-4. (Compare Plut., Lye., 28, iral
iv.,
v., 17.) 9. (Theophrtust., II. P., i., 10.) 10. (ap. Plut., Lye., fin.) 5. (Hermann ad Viger., p. 856.) 6. (De Leg., i., p. 633 ,
whether they describe the Roman method of cruci- well known to every visitant of Naples This is a
fixion. From Seneca 3 we learn the latter to have tunnel excavated in the tufo rock, about 20 feet high
been of two kinds, the less usual sort being rather and 1800 long, forming the direct communication
impalement than what we should describe by the between Naples and Pozzuoli (Puteoli), called by
word crucifixion, as the criminal was transfixed by the Romans crypto. Neapolitana, and described by
3
a pole, which passed through the back and spine, Seneca and Strabo.*
and came out at the mouth. A subterranean vauli used for any secret wor-
The cross was of several kinds one in the shape ship, but more particularly for the licentious rites
;
of an X, called crux Andreana, because tradition re- consecrated to Priapus, was also called crypto.
6
was found like a T, as we learn from Lucian, 3 who by fire was -relinquished (vid. BUSTUM, CONDITORI-
makes it the subject of a charge against the letter. UM), and a number of bodies was consigned to one
The third, and most common sort, was made of place of burial, as the catacombs, for instance, this
two pieces of wood crossed, so as to make four right common tomb was called crypta. 6 One of these,
angles. It according to the unanimous the crypta Nepotiana, which was in the vicus Patri-
was on this,
testimony of the fathers, who sought to confirm it cius, under the Esquiline, was used by the early
7
by Scripture itself,* that our Saviour suffered. The Christians, during the times of their persecution, as
8
punishment, as is well known, was chiefly inflicted a place of secret worship.
on slaves and the worst kind of malefactors. 8 The CRYPTOPO'RTICUS. (Vid. CRYPTA.)
manner of it was as follows: The criminal, after *CRYSTALLTJS or -UM (KpvaraUoc), Crystal
sentence pronounced, carried his cross to the place The ancients were of opinion that crystal was only
6
of execution a custom mentioned by Plutarch and water congealed in a long period of time into an ice
:
Artemidorus, as well as in the Gospels. From more durable than common and Pliny thought it
7 9
;
Livy and Valerius Maximus, scourging appears was nowhere to be found but in excessively cold
8 9
to have formed a part of this, as of other capital regions. " That it is ice is
certain," says this wri-
" and hence the Greeks have
punishments among the Romans. The scourging ter, given it its
of our Saviour, however, is not to be regarded in name." In accordance with the etymology here
th is light, as Grotius and Hammond have observed alluded to, KpvaTaTCXog is thought to come from
10 " " tc
it was inflicted before sentence was pronounced. Kpvof, ice," or from Kpvardu (icpvaraivu),
The criminal was next stripped of and freeze." " This ancient
his clothes, notion," observes Dr.
nailed or bound to the cross. The latter was the Moore, " will appear less ridiculous if we consider
more painful method, as the sufferer was left to die that, although water really converted into a solid
of hunger. Instances are recorded of persons who crystalline mass, by exposure to a very ordinary
survived nine days. It was usual to leave the body degree of cold, resumes its fluid state when the
on the cross after death. The breaking of the legs heat of which it was deprived is again restored yet ;
of the thieves, mentioned in the Gospels, was acci- the results of chemical analysis teach us that wa-
dental because by the Jewish law, it is expressly ter, in a permanently solid state, constitutes a con-
;
remarked, the bodies could not remain on the cross siderable portion of many crystalline substances.
11 Of the hydrate of magnesia, for example, it forms
during the Sabbath-day.
CRYPTA (from Kpvnrsiv, to conceal), a Crypt. near one third and of the sulphate of soda, consid- ;
Among the Romans, any long narrow vault, wheth- erably above one half. Rock-crystal is one among
er wholly or partially below the level of the earth, the very few minerals whose crystalline form Pliny
is expressed by this term such as a sewer (crypto. has remarked. He mentions one remarkable use
;
Suburtz 1 *) (vid. CLOACA), the carceres of the circus of crystal in applying actual cautery, the crystal
(vid. CIRCUS, p. 254), or a magazine for the recep- having been used as a lens. This, however, was
tion of agricultural produce. 13 known long before, mention of it having been made
The specific senses of the word are in the Clouds of Aristophanes, and in the poem of
:
I. A covered
1*
portico or arcade, called more def- the pseudo-Orpheus on the properties of Stones."
initely crypto-porticus, because it was not supported CUBEI'A. (Vid. TESSERA.)
by open columns like the ordinary portico, but closed CUBICULA'RII were slaves who had the caro
at the sides, with windows only for the admission of the sleeping and dwelling rooms. Faithful slaves
of light and air. 14
These were frequented during were always selected for this office, as they had, to
summer for their coolness. A portico of this kind, a certain extent, the care of their master's person.
almost entire, is still remaining in the suburban villa When Julius Caesar was taken by the pirates, he
of Arrius Diomedes at Pompeii. dismissed all his other slaves and attendants, only
Some theatres, if not all, had a similar portico retaining with him a physician and two cubicula-
attached to them for the convenience of the per- rii. u It was the duty of the cubicularii to introduce
formers, who there rehearsed their parts or prac- visiters to their master,
12
for which purpose they
tised their exercises." One of these is mentioned appear to have usually remained in an ante-room. 11
Under the later emperors, the cubicularii belonging
1. (Exer. Antibarou., xvi., 77.) 2. (Cons, ad
Marc., xx.
Epist., xiv., 1.) 3. (Judic. Vocal., xii.) 4. (Lips., De Cruce,
1. (Regioix.) 2. (Suet., Octav., 29. Dion Cass., liv., 25.)
3. (Epist., 57.) 4. (v., i> 7, p. 197, ed. Siebenk. Comparw
Petron., Fragm., xiii.) 5. (Petron., Sat., xvi., 3. Compare
10. (St. Luke, xxiii., 16. St. John, xix., 1,6.) 11. (Lips.,
xvii., 8.) 6. (Salmas., Exercit. Plin., p. 850. Aring., Rom
De Cruce. Casaubon, Exer. Antibarou., xvi., 77.) 12. (Juv., Subterr., i., 1, $ 9. Prudent., Tlepi 2>0., xi., 153.) 7. (Fes-j
Sat., v., 106.) 13. (Vilruv., vi.. 8. Compare Varro, De Be tus, s. v. Septimontium.) 8. (Nardini, Rom. Antic., iv., 3.) 9
j
Rust., i., 57.) 14. (Plin., Epist.,'ii., 15 ; v.,6; vii.,21. Sidon., 10. (Ancient Mineralogy, n. 140.) 11.
(H. N., xxxvii., 9.)
Epist., ii., 2.) 15. (Suet , Cal., 58. Compare Dion Cass., lix., (Suet., Jul., 4.) 12. (Cic. ad Alt., vi. 8. 4 5 -in Yerr., iii., ^ \
29 Joseph., Antiq., xix., 1, i) 14.) 13. (Suet., Tib., 21. Dora., 16.)
324
CUCULLUS CULIX.
to the palacewere called praposiii sacro culiculo, ion, which gave origin to the te r m
BardocueuRiu.
" Liburnici cuculli" are mentioned
and were persons of high rank.
1
by Martial/
CUBI'CULUM usually means a sleeping and *CU'CUMIS, the Cucumber. (Vid. COLOCYNTHI
and SICYS.)
dwelling room in a Roman house (vid. HOUSE),
but
is also applied to the pavilion or tent in which the *CUCURBTTA, the Gourd. (Vid. COLOCYNTHE.)
Roman emperors were accustomed to witness the CUDO or CUDON, a Scull-cap, made of leather,
1
It appears to have been so called, or of the rough, shaggy fur of ary wild animal,'
public games.
because the emperors were accustomed to recline uch as were worn by the velites of the Roman ar-
mies, and apparently synonymous with galerus*
3
in the cubicula, instead of sitting, as was anciently
3 or galericulus.*
the practice, in a sella curulis.
CUBISTETE'RES (Kv6iaT7)Tf/pef), were a partic- In the sculptures on the column of Trajan, some
ular kind of dancers or tumblers, who in the course of the Roman soldiers are represented with the
of their dance flung themselves on their heads and skin of a wild beast drawn over the head, in such a
alighted again on their feet (uairep o't Kv6iaruvref
manner that the face appears between the upper
Kal etf bpOpov '.(i. GKEh-ri Kepupepopevoi Kvdiartioi KV-
and lower jaws of the animal, while the rest of the
We
read of KvGiarnTf/pEf as early as the skin falls down behind over the back and shoulders,
<r^9*).
time of Homer. 4 These tumblers were also ac- as described by Virgil.* This, however, was an
customed to make their somerset over knives or xtra defence, 7 and must not be taken for the cudo,
swords, which was called Kvdtarpv elf /laxaipag.* which was the cap itself; that is, a particular kind
The way which this feat was performed is de- of galea. (Vid. GALEA.) The following represen-
in
scribed by Xenophon, who says that a circle was ;ation of a cudo is taken from Choul's Castramen*
7
UK- ) 10. iJol. Cap., Pertinax, S.) toph., Equit., 1232, ed. Bekk.) 13. (Pollux, Onom.
325
CULPA. CULPA.
Athenaeus* informs us that these cups were usu- holds a QiuJai (vid. PHIALA ); and the fifth a <piul.ii
ally made of earthenware,
and that the best kind in one hand and a fivrov in the other. ( Vid. Huron )
were manufactured in Attica and Argolia In the middle Komos is beating the tympanum.*
(JULPA. The general notion of damnum, and necessary to constitute the culpa, is thf consequence
the nature of dolus malus, are most conveniently of some act but the act derives its culpose char-
;
explained under this head. acter from an act omitted otherwise it might be
;
Damnum is injury done by one man to the prop- casus, or casual damage.
erty of another, and done illegally (injuria, i. e., con- Culpa, then, being characterized by an act of
tra jus) ; for this is the meaning of injuria in the omission (ncgligentia), or omissio diligentiae, the
actio damni injuries given by the lex Aquilia ;* and question always is, how far is the person charged
injuria, in this sense,must not be confounded with with culpa bound to look after the interest of anoth-
the actio injuriarum. 5 This damnum, injuna of the er, or to use diligentia. There is no such general
lex Aquilia, is done by culpa or by dolus malus ; obligation, but there is such obligation in particular
for damnum done without culpa or dolus malus is cases. Culpa is divided into lata, levis, and levis-
casual (casus), and the doer is not punishable. sima. Lata culpa " est nimia negligent ia, id est,
Damnum, in fact, implies injuria ; and, generally, a non quod omnes intelligunt."* If, then,
intelligere
man is not bound to make good the damage done by one man
injured the property of another by gross
m
h to another man's property, except on the ground carelessness, he was always bound to make good
of contract, or on the ground of illegal act where the damage (damnum prasstare). Such culpa was
there is no contract, that is culpa or dolus. not dolus, because there was not intention or de-
to the
Neither culpa nor dolus ean be taken as a genus sign, but it was as bad in its consequences
which shall comprehend the species culpa and do- person charged with it.
lus, though some writers have so viewed these Levis culpa is negligence of a smaller degree, and
terms. Dolus malus is thus defined by Labeo :' the responsibility in such case arises from contract.
"Dolus malus est omnis calliditas, fallacia, machi- He who is answerable for levis culpa, is answerable
natio ad circumveniendum, fallendum, decipiendum for injury caused to the property of another by
alterum adhibita." Dolus malus, therefore, has ref- some omission, which a careful person could or
erence to the evil design with which an act is ac- might have prevented. For instance, in the case
complished to the injury of another ; or it may be of a thing lent (vid. COMMODATUM), a man must
the evil design with which an act is omitted that take at least as much care of it as a careful man
ought to be done. The definition of Aquilius, a does of his own property. There is never any cul-
learned jurist, the friend of Cicero, and his col- pa if the person charged with it has done all that
7
league in the praetorship, labours under the defect the most careful person could do to prevent loss or
tf the definition of Servius, which is criticised by damage. Levissima culpa came within the mean-
Labeo. 8 This seems to be the Aquilius who, by ing of the term culpa in the lex Aquilia that is, ;
the edict, gave the action of dolus malus in all ca- any injury that happened to one man's property
aes of dolus malus Where there was no legislative through the conduct of another, for want of such
provision, and there was a justa causa.' care as the most careful person would take, was *
It is generally considered that culpa may be ei- culpa, and therefore punishable.
Iher an act of commission or omission and that an ;The word culpa occurs very frequently in the Lat-
act of commission may fall short of dolus, as not in writers in a great variety of meanings but the ;
"
coming within the above definition, but it may ap- characteristic of such meanings is carelessness"
proach very near to dolus, and so become culpa or "neglect." Hence may be explained the pas-
Solo proxima. But the characteristic of culpa is sage of Horace,*
omission. It is true that the damnum, which is " Post hoc ludus erat
culpa polare magistra ;''
which means to have no magister at all, or, as th
1. (Herod., iv., 70.) 2. (Xen., Sympos., 5i., 26.) 3. (xi., p.
480.) 4. (Gaius, iii., 210. Dig. 9, tit. 2, s. 5.) 5. (Gains, iii., 1. (Peinturesde Vases Antiques, vol. ii., pi. 58.) 2. (Becker
3. (Dig. 50, tit. It
220.) .
(Dig. 4, tit, 3, s.l.) 7. (Off., iii., 14.) 8. (Dig. 4, tit. Charikles, vol. i., p. 505 vol. ii., p. 499. /
;
%t 1.) 9. (Cic., De Nat. Deor., iii., 30.) s. 213.) 4. rSat., II., ii., 123.)
326
CULTRARIUS. CUFRESSUS.
ch?iiast explains it, " libere potare." The absurd- *CUMI'NUM or CYMI"NUM (nv^vov}, Cumin, '
ity of the explanation grafted on this scholium, is an umbelliferous plant, of annual duration, found wild
only equalled by the absurdity of Bentley's emen- in Egypt and Syria, and cultivated from time imme-
dation of cttpa for culpa. morial for the sake of its agreeable aromatic fruit,
CULTER (probably from cello, percello ; dim. cul- which, like that of caraway, dill, anise, &c., possess
tcllus, Engl. coulter ; in southern Germany, das kol- es well-marked stimulating and carminative prop
ler French, coutcau ; Greek, uuxaipa, KOTTIC, or
; erties." The seeds were used by the ancients as
ff^ayt'f), a knife with only one edge, which formed a a condiment, and the mode of preparing what waa
straight line. The blade was pointed and its back termed thecuminatum is given by Apicius. 1 Drinking
curved. It was used for a variety of purposes, a decoction of cumin produced paleness, and hence
but chiefly for killing animals, either in the slaugh- the allusion in Horace to the " cxsangue cuminum. m
Pliny* says it was reported that the disciples of Por-
1
ter-house, or in hunting, or at the altars of the gods.
Hence the expressions borcm ad cultrum emere, cius Latro, a famous master of the art of speaking,
" to
buy an ox for the purpose of slaughtering it ;"*used it to imitate that paleness which he had con-
me sub cultro linquit, " he leaves me in a state like tracted from his studies.* The ancients used to
that of a victim dragged to the altar ;"* se ad cul- place cumin on the table in a small vessel, like
trum locare, " to become a bestiarius."* From some salt ; the penurious were sparing of its use in this
of the passages above referred to, it would appear way, whence arose the expressions Kvuivoirpiarris,
that the culler was carried in a kind of sheath. "a
splitter of cumin-seed," analogous to Kapda/ioy-
The priest who conducted a sacrifice never killed Attyof, "a cutter or scraper of cresses," and in Latin
the victim himself; but one of his ministri, ap- cuminisector, to denote a sordid and miserly per-
pointed for that purpose, who was called either by son.* It can admit of no doubt, according to Adams,
the general name minister, or the more specific popa that the KV/IIVOV f/uepov of Dioscorides, which is the
or cultrarius.* A
tombstone of a cultrarius is still only species treated of by Hippocrates and Galen,
extant, and upon it *wo cultri are represented,* was the Cuminum cymmum, L. Of the two varie
which are copied in tne annexed woodcut. ties of the KVULVOV aypiov described by Dioscorides,
the first, according to Matthiolus and Sprengel, is
the Lagacia cuminoides, L. ; the other, most proba-
bly, the Nigella arvensis, or wild Fennel flower.
CU'NEUS was the name applied to a body of
Q.'.rrBVRTI.Q.jL foot-soldiers, drawn up in the form of a wedge, for
MENOLAKI the purpose of breaking through an enemy's line.
CVLTRAKl. OSSA The common soldiers called it a caput porcinum, or
HEIC.SrTA. SVNT pig's head.
The wedge was met by the " forfex" or shears,
a name given to a body of men drawn up in the
form of the letter V, so as to receive the wedge be-
tween two lines of troops.* The name cuneus was
also applied to the compartments of seats in circu-
lar or semicircular theatres, which were so arranged
as to converge to the centre of the theatre, and di
verge towards the external walls of the building,
with passages between each compartment.
CUNI'CULUS (imovouof). A mine or passage
under ground was so called, from its resemblance to
The name culter was also applied to razors 7 and the burrowing of a rabbit. Thus Martial 7 says,
kitchen-knives. 8 That in these cases the culter
" Gaudet in
was different from those above represented, and cffossis habitare cuniculus anlris,
most probablysmaller, certain ; since, whenever
is Monstramt tacitas hostibus ille vias."
it was used for shaving or domestic purposes, it
Fidenae and Veii are said to have been taken by
was always distinguished from the common culter mines, which opened, one of them into the citadel,
by some epithet, as culter tonsorius, culter coquina- the other into the Temple of Juno. 8 Niebuhr 9 ob-
ris. Fruit-knives were also called cultri but they ;
serves that there is hardly any authentic instance
were of a smaller kind (cultelli), and made of bone of a town being taken in the manner related of Veii,
or ivory. 9 Columella, who 10 gives a very minute and supposes that the legend arose out of a radt- i
description of a falx vinitoria, a knife for pruning tion that Veii was taken by means of a mine, by
vines, says that the part of the blade nearest to the which a part of the wall was overthrown.
handle was called culter on account of its similari-
*CUNIC'ULUS, the Rabbit, the same with the
ty to an ordinary culter, the edge of that part form- Greek daavirovc.. (Vid. DASYPCS.)
ing a straight line. This culter, according to him, e
CUNI'LA, Savory, or wild Marjoram, a plant of
was to be used when a branch was to be cut off which there are several kinds 1. The Saliva is also :
which required a hard pressure of the hand on the called and was used as a condiment. Vid.
Satureia, (
knife. The name culter, which was also applied to
THYMBRA.) 2. The Bubula is the wild Origany.
the sharp and pointed iron of the plough, 11 is still 3. The Gallinacea is the same
(Vid. ORIGANUS.)
extant in English, in the form coulter, to designate with Cumlago, or Flea-bane. 10
the same thing. (Vid. ARATRUM.) CUPRESSUS
1* (/nwapto-ffof), the Cypress, or CM-
The expression in cultrum or in cultro collocatus pressus Sempervirens, L. The Cypress was a fune-
lignifies placed in a perpendicular position. real tree among the ancients. Branches of this
CULTRA'RIUS. (Vid. CCLTER.) tree were placed at the doors of deceased persons.
It was consecrated to Pluto, because, according to
1. (Liv., iii., Scribonius, Compos. Med., 13. Suet.. Oc-
48.
tar., 9. Plaut., Rud., I., ii., 45. Virg., Georg., iii., 492. Ovid, popular belief, when once cut, it never grew again,
Fast., i., 321.) 2. (Varro, De Re Rust., ii., 5.) 3. (Hor., Sat., and it was also accustomed to be placed around
I., ii., 74.) 4. (Senec., Ep., 87.) 5. (Suet., Calig., 32.) .
Roman citizen was incapable of doing any legal Plaetoria. The provisions of this lex were thus su
act, or entering into any contract which might be perseded or rendered unnecessary by the jurisdic-
injurious to him. The time when pubertas was at- tion of the praetor, and, accordingly, we find verj
tained was a matter of dispute some fixed it at ; few traces of the Plaetorian law in the Roman jurists.
the commencement of the age of procreation, and Ulpian and his contemporaries speak of ado-
some at the age of fourteen. 2 In all transactions by lescentes, under twenty-five years of age, being
the impubes, it was necessary for the auctoritas of under the general direction and advice of cura-
( Vid. AUCTORITAS, TU- tores, as a notorious principle of law at that time.
1
the tutor to be interposed.
TOR.) With the age of puberty, the youth attained The establishment of this general rule is attribu-
the capacity of contracting marriage and becoming ted by Capitolinus* to the Emperor M. Aurelius,
a paterfamilias he was liable to military service,
: in a passage which has given rise to much dis-
and entitled to vote in the comitia and, consist- ; cussion. We
shall, however, adopt the explana-
ently with this, he was freed from the control of a tion of Savigny, which is as follows Up to the :
tutor. Females who had attained the age of pu- time of Marcus Aurelius there were only three
berty became subject to another kind of tutela, which cases or kinds of curatela: 1. That which was
is explained in its proper place. (Vid. TUTELA.) founded on the lex Plaeloria, by which a minor who
With the attainment of the age of puberty by a wished to enter into a contract with another, asked
Roman youth, every legal capacity was acquired the praetor for a curator, stating the ground or oc
which depended on age only, with the exception of casion of the petition (rcddila causa). One object
the capacity for public offices, and there was no of the application was to save the other contracting
rule about age, even as to public offices, before the party from all risk of judicial proceedings in conse-
passage of the lex Villia. (Vid. JEDILES, p. 25.) quence of dealing with a minor. Another object
It was, however, a matter of necessity to give some was the benefit of the applicant (the minor) for n> ;
legal protection to young persons, who, owing to prudent person would deal with him, except with
their tender age, were liable to be overreached ;
the legal security of the curator 3 (" Lex me perdit
and, consistently with the development of Roman quinavicenaria metuunt credere omnes"). 2. The
:
jurisprudence, this object was effected without in- curatela, which was given in the case of a man
"
terfering with the old principle of full legal capacity wasting his substance, who was called prodigus."
being attained with the age of puberty. This was 3. And that in the case of a man being of unsound
accomplished by the lex Plaetoria (the true name mind, "deinens," "furiosus." In both the last-
of the lex, as Savigny has shown), the date of which mjntioned cases provision was made either by the
is not known, though it is certain that the law ex- law or by the praetor. Curatores who were deter-
isted when Plautus wrote.* This law established mined by the law of the Twelve Tables were called
a distinction of age, which was of great practical legitimi those who were named by the praetor were
;
both as regards alienation and the getting in of 1.Cura bonoium, in the case of the goods of a debt-
debts, the minor was on the same footing as the or, which are secured for the. benefit of his creditors.
prodigus his acts in relation to such matters, with-
: 2. Cura bonorum et ventris, in the case of a ^ Oman
out the curator, were void. But the legal capacity being pregnant at the death of her husband. 3. Cu-
of the minor to contract debts was not affected by ra hereditatis, in case of a dispute as to who is the
the appointment of a curator, and he might be sued heres of a person, when his supposed child is under
on his contract either during his minority or after. age. 4. Cura hereditatis jaccntis, in the case of a
Nor was there any inconsistency in this the minor :
property, when the heres had not yet declared
could not spend his actual property by virtue of the whether or not he would accept the inheritance.
power of the curator, and the preservation of his 5. Cura bonorum absentis} in the case of
property
property during minority was the object of the cu- of an absent person who had appointed no manager
rator's appointment. But the minor would have of it.
been deprived of all legal capacity for doing any act This view of the curatela of minors is from an
if he could not have become liable on his contract. essay by Savigny, who has handled the whole mat-
The contract was not in its nature immediately in- ter in a way equally admirable, both for the scien-
jurious, and when the time came for enforcing it tific precision of the method, and the force and
per-
against the minor, he had the general protection of
1
spicuity of the language.
the restitutio. If the minor wished to be adrogated CURATO'RES were public officers of various
(vid. ADOPTIO), it was necessary to have the consent kinds under the Roman Empire, several of whom
of the curator. It is not stated in the extant au- were first established by Augustus. 8 The most im-
thorities what was the form of proceeding when it portant of them were as follow :
was necessary to dispose of any property of the mi- I. CURATORES ALVEI ET RiPARUM, who had the
nor by the mancipatio or in jure cessio but it may ; charge of the navigation of the Tiber. The duties
be safely assumed that the minor acted (for he alone of their office may be gathered from Ulpian.' It
could act on such an occasion) and the curator gave was reckoned very honourable, and the persons who
his consent, which, in the case supposed, would be filled it received afterward the title of comites.
analogous to the auctoritas of the tutor. But it II. CURATORES ANNON^E, who purchased corn
would differ from the auctoritas in not being, like and oil for the state, and sold it again at a small
the auctoritas, necessary to the completion of the price among the poorer citizens. They were also
legal act, but merely necessary to remove all legal called curatores emcndi frumenti et olei, and airuvai
objections to it when completed. and ehaiuvai* Their office belonged to the persona-
The cura of spendthrifts and persons of unsound liamunera ; that is, it did not require any expendi-
mind, as already observed, owed its origin to the ture of a person's private property but the curatores
;
laws of the Twelve Tables. The technical word received from the state a sufficient sum of money
for a person of unsound mind in the^ Twelve Tables to purchase the required amount. 4
ib furiosus, which is equivalent to demens ; and both III. CURATORES AQUARUM. (Vid. AQU^E DUCTUS,
Tords are distinguished from insanus. Though fu- p. 75.)
fw implies violence in conduct, and dementia only IV. CURATORES KALENDARII, who had the care
mental imbecility, there was no legal difference be- in municipal towns of the kalendaria, that is, the
tween the two terms, so far as concerned the cura. books which contained the names of the persons to
Insania is merely weakness of understanding (stul- whom public money, which was not wanted for the
titia constantia, id est, sanitate vacans ), and it was ordinary
1
expenses of the town, was lent on interest.
not provided for by the laws of the Twelve Tables. The office belonged to the personalia munera.*
In later times, the praetor appointed a curator for all These officers are mentioned in inscriptions found
persons whose infirmities required it. This law of in municipal towns.
7
the Twelve Tables did not apply to a pupillus or pu- V. CURATORES LUDORUM, who had the care of
pilla. If, therefore, a pupillus was of unsound mind, the public games. Persons of rank appear to have
the tutor was his curator. If an agnatus was the been usually appointed to this office. 8 In in ?rip-
curator of a furiosus, he had the power of alienating tions, they are usually called curatores muneris gla-
the property of the furiosus.* The prodigus only diatorii, &c.
received a curator upon application being made to a VI. CURATORES OPERUM PUBLICORUM, who had
magistratus, and a sentence of interdiction being the care of all public buildings, such as the theatres,
3
pronounced against him (ci bonis interdictum est ). baths, aquaeducts, &c., and agreed with the con-
The form of the interdictio was thus " Quando tibi tractors for all necessary repairs to them. Theii
:
bona paterna avitaque nequitia tua disperdis, liber- duties, under the Republic, were discharged by the
osque tuos ad egestatem perducis, ob earn rem tibi aediles and censors. (Vid. CENSORES, p. 229.) They
ea re commercioque interdico." The cura of the are frequently mentioned in inscriptions. 9
prodigus continued till the interdict was dissolved. VII. CURATORES REGIONUM, who had the care of
It might be inferred from the form of the interdict, the fourteen districts into which Rome was divided
that it was limited to the case of persons who had
children ; but perhaps this was not so. 1. (Von dem Schutz der Minderjthrigon, Zeitschrift., x.
It from what has been said, that, vigny, Vom Bernf, <&c., p. 102. Gaius, i., 197. Ulp., Frag,
will appear
whatever similarity there may be between a tutor xii. Dirksen, Uebersicht, <fcc., Tab. v., Frag. 7. Mackeldey,
Lehrbuch des hcutigen RSmischen Rechts. Thibaut, System
and a curator, an essential distinction lies in this, des Pandekten-Rechts.
Marezoll, Lehrbuch, &c. A. reference
that the curator was specially the guardian of prop- to these authorities will enable the reader to carry his investiga-
tions farther, and to supply what is purposely omitted in the
erty,though in the case of a furiosus he must also above sketch.) 2. (Suet., Oc ir., 37.) 3. (Dig. 43, tit. 15.)--
have been the guardian of the person. A curator 4. (Dig. 50, tit. 5, s. 18, 5.) f (Dig. 50, tit. 8, s. 9, t> 5.) 8,
must, of course, be legally qualified for his functions, (Dig. 50, tit. 4, a. 18, $ 2; tit. 8, s. 9, t 7. Ileinecc.. Antiq.
Rom., iii., 15, 4.) 7. (Orelli, Inscrip., No. 3Q40, 4491.)- -1?, (Ta-
1. (Cic , Tusc. Quaest., iii., 5.) 2. (Gains, ii., (54.) 3. (Com- cit., Ann., xi., 35 ; xiii., 22. Suet.. CaJ , 27 J 9. I Orelli, !
ROI? Cic., De Senec., c. 7.)
scrip., No. 24, 1506, 2273.)
TT 339
CURLE. KYRIOS.
vent all disorder and extortion in their respective said to have been so called from calare, because the
districts. This office was first instituted by Augus- pontifex minor there proclaimed to the people the
tus. 1 There were usually two officers of this kind number of days between the kalends and the nones
for eacli district Alexander Severus, however,
;
of each month. 8 But the most important of all was
appears to have appointed only one for each but ; the curia in which the senate generally met some- ;
these were persons of consular rank, who were to times simply called curia, sometimes distinguished
have jurisdiction in conjunction with the praefectus by the epithet Hostilia, as it was said to have been
urbi.
a
We are told that Marcus Antoninus, among built by Tullus Hostilius. This, however, was d*-
other regulations, gave special directions that the stroyed by fire, and in its place Augustus erected
curatores regionum should either punish, or bring another, to which he gave the name of Curia Julia,
before the prsefectus urbi for punishment, all per- though it was still occasionally called the Curia
sons who exacted from the inhabitants more than Hostilia. 3
the legal taxes.
3
The reader of Niebuhr will be aware that the
VIII. CURATORES REIPCBLIC^E, also called Lo- curiae (we are now speaking of the corporations)
GIST^E, who administered the landed property of were formed of the original burghers of the three
municipia.* Ulpian wrote a separate work, De Of- patrician tribes, whose general assembly was the
ficio Curatoris Reipublicee. comitia curiata, and whose representatives original-
IX. GORATORES VlARUM. ( Vid. YlJE.) ly formed the smaller assembly or senate. They
KYRBEIS (Kvptfif). (Vid. AXONES.) were, in fact, essentially exclusive bodies, in whose
CU'RIA. (Vid. CURIJE.) hands were the whole government and property of
CIJ'RLE. The accounts which have come down the state for the plebs which grew up around them, ;
to us of the early ages of Rome, represent the formed as it was of various elements, but not in-
burghers or proper citizens (the populus of the An- cluded in the curiae, had for a long time no share in
nals) to have been originally divided into three the government of the state or its property. Our
8
tribes, the Ramnes, Titienses, and Luceres. (Vid. own country, before the alteration in the laws rela-
TRIBUS.) Each cf these tribes was composed of a ting to the franchise and municipal government, ex-
union of ten curiae (Qparpiat.) or wards, so that the hibited a parallel to this state of things. The free-
whole number of the latter was thirty. Again, men in many instances enjoyed the franchise, and
each of these thirty curiae was formed of gentes or possessed the property of their respective boroughs,
houses, the families constituting which were not of though their unprivileged fellow-citizens often ex-
necessity related; just as at Athens the yevvrjrai ceeded them both in numbers and influence. But it
or members of a -yevof, also called opoyahaKTEt;, is the nature of all exclusive corporations to decline
were no way akin, but bore this name solely in con- in power and everything else and so it was at :
sequence of their union.' Dionysius farther in- Rome for in the later ages of the Republic, the
7
;
forms us that Romulus divided the curias into de- curiae and their comitia were little more than a
cads, i. e., decads of gentes or houses, at the head name and a form. The oblatio curia, under the em-
of which were officers called decurions each of perors, seems to show that to belong to a curia waa
:
the three tribes, therefore, was originally composed then no longer an honour or an advantage, but a
of one hundred gentes (vid. GENS) and as in the burden.* ;
old legion the three centuries of horse corresponded In later ages, curia signified the senate of a colo-
to the three tribes, so did the thirty centuries of ny in opposition to the senatus of Rome. (Vid.
foot represent the same number of curiae. We
COLONIA, p. 282.) Respecting the etymology of the
need not, however, infer from this that the number word, see COMITIA, p. 295.
8
of soldiers in each century was always a hundred. CURIA'TA COMI'TIA. (Vid. COMITIA.)
The curiae whose names have come down to us CURIO. (Vid. CURUE.)
ire only seven the Forensis, Rapta, Faucia or
: KYR'IOS (Hvpinf) signifies generally the person
Saucia, Tatiensis, Tifata, Veliensis, and Velita. that was responsible for the welfare of such mem-
According to Livy, these names were derived from bers of a family as the law presumes to be incapa-
9
the Sabine women carried off during the consualia ble of protecting themselves
; as, for instance, mi- ;
according to Varro, from their leaders (avSpez riyi- nors and slaves, and women of all ages. Fathers,
10
u
ftovEf), by which he may mean Heroes Eponymi therefore, and guardians, husbands, the nearest male
;
others, again, connect them with the neighbouring relatives of women, and masters of families, would
13
phces. The poetical story of the rape of the Sa- all bear this title in respect of the vicarious func-
biae women probably indicates, that at one time no tions exercised by them in behalf of the respective
connubium, or right of intermarriage, existed between objects of their care. The qualifications of all
the Romans and the Sabines till the former extorted these, in respect of which they can be combined in
it by force of arms. A more intimate union would, one class, designated by the term Kvpiog, were the
of course, be the consequence. male sex, years of discretion, freedom, and, when
Each of these thirty curiae had a president (curio}, citizens, a sufficient share of the franchise (fairi/iia)
who performed the sacred rights, a participation in to enable them to appear in the law-courts as plain-
which served as a bond of union among the mem- tiffs or defendants in behalf of their several char-
bers. 11 The curiones themselves, forming a college ges in the case of the Kvpiog being a resident
;
of thirty priests, were presided over by the curio alien, the deficiency of franchise would be supplied
maximus. Moreover, each of these corporations by his Athenian patron (Trpoorar^f). The duties to
had its common hall, also called curia, in which the be performed, and, in default of their performance,
citizens met. for religious and other purposes. 14 But, the penalties incurred by guardians, and the pro-
besides the 'ialls of the old corporations, there were ceedings as to their appointment, are mentioned un-
also other curiae at Rome used for a variety of pur- der their more usual title. (Vid. EPITROPOI.)
poses thus we read of the Curia Saliorum, on the
: The business of those who were more especially
designated Kvptot in the Attic laws was, to protect
2. (Lamprid., Alex. Sev., 33.)
1. (Suet., Octav., 30.) 3.
the interests of women, whether spinsters or wid-
(Jul. Capitol., M. Anton., 12.) 4. (Dig. 50, tit. 8, s. 9, 2 2, t)
tit. 14, s. 37.) 5. (Liv., x., 6.) 6. (Niebuhr, Hist. Rom., i.,
311, transl.) 7. Hi., 7.', 8. (Varro, De Ling. Lat., lib. iv. Ar- a citizen died intestate, leaving an orphan daughter,
nold, Hist. Rom., vol. i., p 25.) 9. (i., 13.) 10. (Dionys., ii.,
47.) 11. (Niebuhr, Hist. Rom., i., 313, transl.) 12. (Plut., 1. (Cic.. De Div.. i., 11.) 2. (Facciol., s. v.) 3. (Cramert
Rom.) 13. (Dionys., 7, 64.) 14. (Dionys., ii., 23.) 4. (Heinecc., x., 24.)
ii., Italy, vol.'i., p. 402.')
330
CURRUS. CURRUS.
the son, or the father, of the deceased was bound of the chariot, which, in reference to this < ircuiiv
to supply her with a sufficient dowry, and give her was
and which was often
stance, called vneprepia,
in marriage and take care, both for his own sake
;
made of wicker-work, enclosed by the avrvt;. 1 Fat
and that of his ward, that the husband made a prop- (/U'TTOf*) and pressed olives (amurca*) were used to
er settlement in return for what his bride brought grease the axle.
him in the way of dower (aTrort^ua, Harpocr.). In The wheels (KVK^a, rpoxoi, rota) revolved upon
the event of the death of the husband or of a di- the axle,* as in modern carriages and they were ;
vorce, it became the duty of the nvpioc that had be- prevented from coming off by the insertion of pina
trothed her to receive her back and recover the (fytfoAot) into the extremities of the axle (uKpa^ovia).
dowry, or, at all events, alimony from the husband Pelops obtained his celebrated victory over CEno-
or his representatives. If the father of the woman maus through the artifice of Hippodamia, who,
had died intestate, without leaving such relations as wishing to marry Pelops, persuaded Myrtilus, the
above mentioned surviving, these duties devolved charioteer of his adversary, to omit inserting one
upon the next of kin, who had also the option of of the linchpins in the axle of his car, or to insert
marrying her himself, and taking her fortune with one of wax.* She thus caused the overthrow and
1
her, whether it were great or small. If the fortune death of her father CEnomaus, and then married the
were small, and he were unwilling to marry her, conqueror in the race.
he was obliged to make up its deficiencies accord- Sir W. Cell describes, in the following terms, the
ing to a regulation of Solon ;* if it were large, he wheels of three cars which were found at Pompeii :
them against the cruelty of their husbands ;* and the whenever it was wanted for use. 7
archon was specially intrusted with power to inter- The
parts of the wheel were as follows :
9
fere in their behalf upon all occasions.* (Vid. CA- (a.) The nave, called ir^jj/ivrj, xoivitdq, modiolus*
cosis.) The last two terms are founded on the resemblance
*CURMA, CURMI, CORMA, and CURMON, a of the nave to a modius or bushel. The nave was
species of Ale mentioned by Sulpicius and Dioscor- strengthened by being bound with an iron ring,
ides. (Vid. CEREVISIA.) called 7r%T][j.v66eTov
CURSO'RES were slaves, whose duty it was to (b.) The spokes, KvrjfJLai (literally,
the ~egs\ radii.
run before the carriage of their masters, for the We have seen that the spokes were sometimes ten
same purpose as our outriders. They were not in number. In other instances they were eight
11
used during the times of the Republic, but appear (KVK^O oKTuKVTjfia ), six, or four. Instead of being
to have first come into fashion in the middle of the of wood, the spokes of the chariot of the sun, con-
first century of the Christian aera. The slaves em- structed by Vulcan, were of silver (radiorum Jtrgen-
ployed for this purpose appear to have frequent- teus or do 1 *).
ly been Numidians.' The word cursores was also (c.) The felly, Zrvf.
1'
This was commonly made
applied to all slaves whom their masters employed in of some flexible and elastic wood, such as poplar 1 *
7
carrying letters, messages, &c. or the wild fig, which was also used for the rim of
CURSUS. (Vid. CIRCUS, p. 256.) the chariot heat was applied to assist in produ-
;
the uvrvt;, or rim ; and it is accordingly seen in all vatura rota." 19 The tire was commonly of iron. 80
the chariots which are represented either in this ar- All the parts now enumerated are seen in an an-
ticle, or at p. 66, 209, 253. ( Vid. ANTYX.) Another cient chariot preserved in the Vatican, a represent-
indispensable part was the axle, made of oak (0>?yt- ation of which is given in the following woodcut.
10
vof dfuv'), and sometimes also of ilex, ash, or elm. This chariot, which is in some parts restored,
The cars of Juno and Neptune have metallic axles also shows the pole (pvfj.6$, temc). It was firmly
11
(ciiriptos, ^uAKEOf afwv ). One method of making fixed at its lower extremity to the axle, whence
a chariot less liable to be overturned was to length- the destruction of Phaethon's chariot is represented
en its axle, and thus to widen the base on which it
stood. The axle was firmly fixed under the body I. (Horn., n., xxiii., 335, 436. Hesixl, Scut., 306.) 2. (Io.
Tzetzes m Hes., Scut., 309.) 3. (Pin., H. N., xv., 8.) 4.
(Tim., Lex. Plat.) 5. (Pherecydes, ap. Schol. in Apoll. Rhod.,
1. (Bunsen, De Jure Haered. Athen., p. 46.) 2. (Demosth., i., 752.) 6. (Pompeiana, Lond., 1819, p. 133.) 7. (Horn., II.,
c. Macart., 1068.) 3. (Diod. Sic.,xii., p. 298.) 4. (Petit., Leg. v., 722.) 8. (Horn., II., v., 726; xxiii , 339. Hesiod, Scut.,
Att., 543.) 5. (Demosth., c. Macart., 1076.) 6. (Senec., Ep. 309. Schol. in )oc.) 9. (Plin., H. N., ix., 3.) 10. (Pollux,
87, 126. Mart., iii., 47; xii.,24. Petron., 28.) 7. (Suet.,Ner. 12. (Ovid, Met., ii., 108.) 13.
Onom.) 11. (II., v., 723.)
9. Tit., 9. Tacit., Agric., 43.) 8. (H. A., vi.,7.) 9. (Horn. (Horn., D.. v., 724.) 14. 482-486.) 15. (II., xxi., 37,
(II., iv.,
"
I!., v., 838; imitated by Virgil, fagiuus axis:" Georg., iii. 38, compared with Theocrit., xxv., 247-251.)
16. (Hesiod,
Op.
172.) 10 (Plin., H. N., xvi., 84.) 11. (Horn., II., v., 723 xiii. ; et Dies, 426.) 17. (1. c.) 18. (II., v., 725.) 19. (Met., ii., 107.)
SO.) 20. (Hesychius. Qumtil., Inst. Or , i., 5, p. 89, ed. Spallmy.J
33 '
CURRUS. CURIU'S.
sion, until the driver cut. the harness by which this (Tierradva) equally with the yoke-horses, we may
third horse was fastened to the chariot. 7 Ginzrot 8 presume that from the top of these proceeded the
has published two drawings of chariots with three ropes which were tied to the rim of the car, and by
horses from Etruscan vases in the collection at Vi- which the trace-horses assisted to draw it. The
enna. The lirirof iraprjopog is placed on the right first figure in the annexed woodcut is the chariot of
of the two yoke horses. (See woodcut at top of Aurora, as painted on a vase found at Canosa.*
next column.) We
also observe traces passing be- The reins of the two middle horses pass through
rings at the extremities of the yoke. All the par- overthrown in passing the goal at the circus The
ticulars which have been mentioned are still more charioteer having fallen backward, the pole ar.^
distinctly seen in the second figure, taken from a yoke are thrown upward into the air the two ;
9
terra-cotta at Vienna. It represents a chariot trace-horses have fallen on their knees, and the
two yoke-horses are prancing on their hind legs.
1. (Ovid, Met., ii., 316.) 2. (.fischyl., Pen., 47.) 3. (Horn., If we may rely on the evidence of numerous
11.,v., 195 ; x., 473.) 4. (Xen., Hell., i., 2, I) 1.) 5. (Virg.,
vii., 280.) 6. (Georg., iii., 91.) 7. (Horn., II., xvi., 148- 1. (Isid., Orig., xviii.,35.) 2. (Electra, 690-738.) 3. (Schol
;En.,
164, 467-474.) 8. (Wgen und Fahrwerke, vol i , p. 342.) 9. in Aristoph., Nub., 122.) 4. (Gerhard, uber Lichtgnttheiten, pi
'Ginzrot, v. ii., p 107, 108.) iii., fig. 1 >
332
CURRUS. CURRUS.
works of art, the currus was sometimes drawn by nent, he returned to his chariot, one of thi <jmel
four horses without either yoke or pole for we see ;
uses of which wasto rescue him from danger.
two of them diverging to the right hand and two to When Automedon prepares to encounter both Hec-
the left, as in the beautiful cameo on p. 334, 1st col., tor and ^Eneas, justly fearing the result, he directs
which exhibits Apollo surrounded by the signs of the his charioteer, Alcimedon, instead of driving the
zodiac. If the ancients really drove the quadriga horses to any distance, to keep them " breathing on
thus harnessed, we can only suppose the charioteer his back," 1 and thus to enable him to effect his es-
to have checked its speed by pulling up the horses, cape in case of need.
and leaning with his whole body backward, so as to These chariots, as represented on bas-reliefs and
make the bottom of the car at its hindermost bor- fictile vases, were exceedingly light, the body often
der scrape the ground, an act and an attitude which consisting of little besides a rim fastened to the bot
seem not unfrequently to be intended in antique torn and to the axle. Unless such had been really
their construction, it would be difficult to imagino
representations.
The currus, like the cisium, was adapted to carry how so great a multitude of chariots could have been
two persons, and on this account was called in transported across the ^Egean Sea. Homer aiso
Greek di<j>poc.. One of the two was, of course, the supposes them to be of no greater weight /or, al- ;
driver. He was called ^vio^og, because he held the though a chariot was large enough to convey two
reins, and his companion TrapaiftaTijc., from going by persons standing, not sitting, and on some occa-
his side or near him. Though in all respects supe- sions was also used to carry off the armour of the
3
rior, the irapai6u,T7)f was often obliged to place him- fallen,* or even the dead body of a friend, yet Di-
self behind the f/vioxoc.. He is so represented in the omed, in his nocturnal visit to the enemy's camp,
1
deliberates* whether to draw away the splendid
biga at p. 66, and in the Iliad Achilles himself stands
behind his charioteer Automedon. On the other chariot of Rhesus by the pole, or to carry it off on
hand, a personage of the highest rank may drive his his shoulder. The light and simple construction of
own carriage, and then an inferior may be his na- war-chariots is also supposed by Virgil, 5 when he
paiSdrTic, as when Nestor conveys Machaon (nap' represents them as suspended with all kinds of
6e Ma^dwv patve*), and Juno, holding the reins and armour on the entrance to the temple of the Lau-
whip, conveys Minerva, who In is in full armour. 1 rentian Picus.
such cases a kindness, or even a compliment, was We have already seen that it was not unusual,
conferred by the driver upon him whom he convey- in the Homeric battles, to drive three horses, one
" himself
ed, as when Dionysius, tyrant of Sicily, being a Trap^opof in a single instance, that of Hec-
:
1* 17
often assails or challenges a distant foe from the driving either two horses or four, in this agreeing
chariot but that, when he encounters his adversa-
;
with the figure in our last woodcut. In general,
" the poets are more specific as to the numbei of
ry in close combat, they both dismount, springing
from their chariots to the ground," and leaving them horses in the chariots of the deities, and it rarely
7
to the care of the ffvioxoi. So likewise Turnus is exceeded two. Jupiter, as the father of the gods,
" Desiluit Turnus
described by Virgil, bijugis pe- ;
des apparat ire Comminus."* As soon as the hero 1. (II., xvii., 502.) 2. (II., xvii., 540.) 3. (II., xiii., 657.)-
4. (II., x., 503-505.) 5. (JSn., vii., 184.) 6. (Il.,vn., 185.) 7
had finished the trial of his strength with his oppo-
(Flor., i., 5. Ilor., Epod., ix., 22.) 8. (Ovid, Tiist., iv., 2, 63
Pont., iii., 4, 35.) 9. (Claudian, De Laud. StiL, in., 20.)-
Tert. Cons. Honor., 130.) 10. (Mart., vii., 7.) 11. (Ovid, 1
1. (xix., 397.) 2. (II., xi., 512, 517.) 3. (v., 720-775.)-4.
4L'. 14.
(^Elian. V. IT., *v., 18.) 5. (Apollon. Rhod., i., 752-758.) 6. c.) 12. (Val. Max., v., 10, 2.) 13. (Tar., Ann.,
<) ii.,
16. 26.)
(Vid. p. 94, 97.) 7. (II., iii., 29 ; xvi., 425, 427 ; xvii., 480-483. (Tacit., Hist., i., 86.)-15. (Virg., ^En.,r , 721.) (vi-
duves four white horses when he goes armed with sometimes adopted by the Romans to grace tor tii-
his thunderbolt to resist the giants Pluto is diawn umphal arch by being placed on its summit
:
a.ui ;
by four black horses. The following line, even in the private houses of great families, c/ &ri-
" 1 ots were displayed as the indications of rant,<v the
Quadrijivgis et Phoebus equis, et Delia bigis,"
memorials of conquest and of triumph. 1
is in accordance not only with numerous passages
CUSTO'DES. (Vid. COMITIA, p. 297.)
of the poets, but with many works of art. A bronze CY'ATHUS (Kvadof), a Greek and Romai liquid
lamp* shows the moon, or Diana, descending in a measure, containing one twelfth of the sextarius
biga, and followed by Apollo, who is crowned with
or -0825 of a pint English. It was, in later times
rays as he rises in a quadriga. The same contrast at least, the measure of the common
the annexed the drinking-glasa
is exhibited in woodcut, showing
among the Romans, who borrowed it from the
devices on two gems in the royal collection at Ber- Greeks. 9 The form of the
cyathus used at ban
lin. That on the left hand, representing Apollo
quets was that of a small ladle, by means of which
encircled by the twelve signs, calls to mind the en- the wine was
conveyed into the drirfking-cups frorr
the large vessel (apart/p) in which it was mixed. 1
Two of these cyathi are represented in the anryxed
woodcut from the Museo Borbonico, vol. iv., jw i2
" Cum
graving on the seal of Amphitryon, quadri-
3
gis sol exoriens." In the ^Eneid,* Latinus drives
a chariot and four to express his claim to be de-
scended from Apollo. The chariots of Jupiter and
of the Sun are, moreover, painted on ancient vases
with wings proceeding from the extremities of the
5
axle (TTTJJVOV upfia ; volucrem currum 6 ).
These supernatural chariots were drawn not only
by horses, but by a great variety of brute or imagi-
nary beings. Thus Medea received from the Sun a
car with winged dragons. 7 Juno is drawn by pea-
8
cocks, Diana by stags, Venus by doves or swans,
9 The cyathus *vas the uncia, considered with rol-
Minerva by owls, Mercury by rams, and Apollo by erence to the sextarius as the unit hence we have :
griffons. To the car of Bacchus, and, consequently, sextans used for a vessel containing the sixth of the
of Ariadne (vid. CAPISTRUM, p. 209), are yoked cen- sextarius, or two cyathi, quadrans for one contain
taurs, tigers and lynxes : ing three cyathi, trie?is for four cyathi, quincunx for
" five cyathi, &c.*
Tu bijugum pictis
insignia frenis CYCLAM'INUS
Colla premis lyncum." 10 (v*^ttvof), a plant, of which
Dioscorides mentions two species. The first ap-
Chariots executed in terra-cotta (quadriga ficti- pears to be the Cyclamen Europceum, or common
11
ie* ), in bronze, or in marble, an example of which Sow-bread. About the second there has been much
last is shown in the annexed woodcut from an an- difference of opinion. Dodonaeus and Hardouin
cient chariot in the Vatican, were among the most conclude that it was the Bitter-sweet (Salanum dul-
beautiful ornaments of temples and other public edi- camara} but Sprengel follows Gesner in referring
;
fices .
it to the Lonicera periclymenum, or Woodbine.*
* CYCNUS This appellation, as Adams
(KVKvof).
remarks, is generally applied to the Anas Cycnus,
L., or Wild Swan but sometimes also to the Anas
;
tion of Cotoneum malum, and Pliny followed him. ter are so vague, that it is impossible to identify
The ancient writers mention several varieties of the one with the other. A
large class of cymbals was
Quince thus the true ones (wduvia) were small
:
termed Kpov^ara, which, if they were really distinct
and round another kind, the arpovdeia, was of a
;
from the Kpora^a, as Spohn and Lampe suppose,
large size, and sweeter than the former. Columella
cannot now be exactly described. (Vid. CKOTA-
enumerates three kinds, namely, Slruthea, Mustea, LUM.) The preceding drawing of a Kpotifia is taken
and Chrysomela. The last, however, belongs to the from an ancient marble, and inserted on the author-
of Spohn. 1
orange family. The Quince-tree is still called KV- ity
Auvid in northern Greece. According to Sibthorp, The mentioned in the Homeric hymn
Kpefj.6a?(.a
it is cultivated in gardens with the apple-tree.
1
to Apollo* were of this kind, played on by a chorus
*CYMINDIS (KVfiivdis). (Vid. HIERAX.) of Delians. The scabilla or Kpovne&a were also on
CYCLAS (Kvxhdf) was a circular robe worn by the same principle, only played with the foot, and
women, to the bottom of which a border was affix- inserted in the shoe of the performer they were ;
ed, inlaid with gold. used by flute-players, perhaps to beat time to their
" H<zc nunc aurala hurnum."* music. 3
cyclade signal
Other kinds of cymbals were, the Tr/larayjy, an in-
Alexander Severus, in his other attempts to re- vention of Archytas, mentioned by Aristotle,* and
strain the luxury of his age, ordained that women
its diminutive nharayuvtov, which, from the descrip-
should only possess one cyclas each, and that it
tion of Julius Pollux and Hesychius, 6 appears to
should not be adorned with more than six unciae of have been a child's rattle bt-i>6a<j>a, the two parts
;
gold.
3
The cyclas appears to have been usually of which Suidas tells us* were made of different
made of some thin material (tenui in cyclade*). It
materials, for the sake of variety of sound KOTV- ;
is related, among other instances of Caligula's ef-
/Uu, mentioned in the fragments of ^Eschylus, with
feminacy, that he sometimes went into public in a several others noted by Lampe in his work De Cym-
garment of this description.* For the literature of balis, but perhaps without sufficient authority.
this subject, see Ruperti, ad Juv., vi., 259.
The cymbal was usually made in the form of two
CYMBA (/ctyifij?)
is derived from nvftdof, a hollow,
half globes, either running off towards a point so
and is employed to signify any small kind of boat as to be grasped by the whole hand, or with a han-
used on lakes, rivers, &c. 8 It appears to have
dle. It was commonly of bronze, but sometimes of
been much the same as the UKUTIOV and scapha. baser material, to which Aristophanes alludes. 7 The
(Vid. ACATION.)
subjoined woodcut of a cymbalistria is laken from
CY'MBALUM (nv^a^ov ), a musical instrument, an ancient marble, and given on the authority of
In the shape of two half globes, which were held,
one in each hand, by the performer, and played by
Lampe. See also the figure in page 189.
being struck against each other. The word is ori-
ginally Greek, being derived from nvfidof, a hollow,
with which the Latin cymba, cymbipm, &c., seem to
be connected. In Greek it has several other sig-
7
nifications, as the cone of a helmet it is also
;
as striking as it is disgusting.
1
applied to a cabinet or collection of jewels. We
*CYNOGLOSSUM (KwoyTiaoaov or -of), the learn from Pliny 2 that Scaurus, the stepson of Sulla,
Hounds'-tongue, or Cynoglossum qfficinale. Cul- was the first person at Rome who had a collection
pepper, the English herbalist, says, with respect to of this kind, and that his was the only one till Pom-
" it is called Hounds'-
the etymology of the word, pey brought to Rome the collection of Mithradates,
tongue because it ties the tongues of dogs wheth- ; which he placed in the Capitol. Julius Cassar also
er true or not,have never tried." 2
I placed six dactyliothecae in the Temple of Veniis
II. The name of a fish mentioned by Athenaeus. Genetrix. 3
Rondelet supposes it a species of the Bouglossus or DACT'YLUS (Ja/crwAoc). (Vid. PES).
Sole. 3 DADU'CHUS (dafiovxof). (Vid. ELEUSINIA).
"CYNOCRAMBE (KvvoKpapfy), a plant, which D^EDA'LA a festival celebrated in
(Aa/(5a/la),
Sprengel, in his history of Botany, sets down as the Bceotia in honour of Hera, surnamed
Chenopodium album, or white Goose-foot ; but in or TeAeuz.* Its origin and mode of celebration arc
.
his edition of Dioscorides he joins Bauhin in hold- thus described by Pausanias 5 Hera was once angry
:
ing it to be the Thelygonum cynocrambe* with Zeus, and withdrew herself to Eubcea. Zeus
*CYNOMYIA (nvvoftvia), the Dog-fly, or Musca not being able to persuade her to return, went to
canina. 5 Cithaeron, who then governed Plataeae, and who was
*CYNORAIS'TES (Kwopalar^f), the Dog-tick, or said to be unequalled in wisdom. He advised Zeus
Acarus Ricinus, L. 6 to get a wooden statue, to dress and place it upon a
*C YNOR'ODON (xvvopodov). ""None of the com- chariot, and to say that it was Plataea, the daughter
mentators," observes Adams, "offer any explana- of Asopus, whom he was going to marry. Zeus
tion of what it was but, as the word signifies the
;
followed the advice of Cithaeron, and no sooner had
Dog-rose, or Rosa canina, it is probable that it was Hera heard of her husband's projected marriage
the same as the Kvv6a6arov ." 7 than she returned. But when, on approaching the
*CYNOSBATUM " The comment- chariot and dragging off the coverings, she saw the
(Kw6o6ctTov).
ators are not quite agreed respecting this plant," wooden statue, she was pleased with the device,
observes Adams, " Dierbach makes it to be the and became reconciled to Zeus. In remembrance
Rosa pomifcra Sprengel follows Dodonaeus in re-
; of this reconciliation, the Plataeans solemnized the
ferring it Rosa canina, or Hep-tree and
to the ;
festival of the daedala, which owes its name to Aat-
Stackhous4> at first inclines to this opinion, but af- 6a?ia, the appellation by which, in ancient times, stat-
terward decides in favour of the Rubus Idaus. I ues and other works of ingenious and curious work-
am of opinion that it was most probably the Rosa manship were designated.
6
Pausanias was told that
canina." 6 the festival was held every seventh year but he be- ;
*CYNOPS Both Sprengel and Stack- lieves that it took place at shorter intervals, though
house call this plant Plantago Cynops, but the latter he was unable to discover the exact time.
hesitates about making it the P.
Psyllium, or Flea- We have to distinguish between two festivals of
wort. 9 this name :
one, which was celebrated by the Pla-
*CYPE'RUS (nvneipoc or -ov), the Cyperus ro- taeans alone, was called the lesser Dtzdala (baidaha
tundus. a plant still very common on the Greek and was held in the following manner In
fj.iK.pd),
:
Italian Ligustrum, or Privet, did not grow in Egypt. cause at one time, when the Plataeans were absent
It has since been settled, according to Adams, that from their country, the festival had not been cele-
it is a species of Lawsonia, either the inermis or the brated for a period of sixty years. At each of the
11
alba, Lam. lesser Daedala fourteen statues were made in the
*CYT'ISUS (Kimirof). " There has been consid- manner described above, and distributed by lot
erable diversity of opinion respecting this plant. among the towns of Plataeae, Coronea, Thespiae,
The point, however, seems at last to have been Tanagra, Chaeronea, Orchomenos, Lebadea, and
settled by Martyn and Sprengel in favour of the Thebes the smaller towns took one statue in com-
;
Medicago arborea, or Tree Medick." Sibthorp found mon. The Boeotians assembled on the hanks of the
the M. arborea growing among the rocks around Asopus here a statue of Hera was adorned and
;
Dioscor., i., 123.Adams, Append., s. v.) 9. (Theophrast., H. like stones. This altar was covered with a quanti
P., vii., 8.) 10. (Theophrast., H. P., i., 8; iv., 10. Dioscor., i.,
4. Adams, Append., s. v.) 11. (Theophrast., Fr., iv., 25. Di- 1. (Mart., xi., 59.) 2. (H. N., xxxvii., 5.) 3. (Plin., 1. c.)
oecor., i., 124. Plin., H. N., xvi., 18. Martyn ad Virg., Eclog., 4. (Paus., ix., 2, 5.) 5. (Paus., ix., 3, 1, &c.) 6. (Diuam, Lex-
it. 18012. (Theophrast, H. P., i., 6. Dioscor., iv., 111.) ic., s. v. AaldaXac.}
336
UAMNUM DAPHNfc.
other wealthy individuals, offered each a heifer to sometimes comprehended under the phrase " id
Hera and a bull to Zeus, with plenty of wine and quod interest," though this expression is more fre-
incense, and at the same time placed the dasdala quently applied to that compensation which a man
upon the altar. For those who did not possess suf- claims beyond the baie value of the thing damaged,
ficient means, it was customary to offer small sheep ;
and sometimes it signifies the bare loss only. To
but all their offerings were burned in the same man- make good any damage done is called damnum
ner as those of the wealthier persons. The fire prsestare.
consumed both offerings and altar, and the immense The causes of damnum are either chance (casus)
flame thus kindled was seen far and wide. or the acts of human beings, which, when charac-
The account of the origin of the daedala given by terized by dolus malus or culpa, become damnum
Pausanias agrees in the main points with the story in the restricted and legal sense. (Vid. CULPA.)
related by Plutarch, who wrote a work on the Pla- Delay (mora) is included by some writers under the
1
question is derived in all the modern languages of DAMOS'IA (Sanoaia), the escort or suite of the
Europe. Thus they are called dactyles in Spanish, Spartan kings in time of war. It consisted of his
dattili m Italian, datteln in German, and dates in tentcomrades (avaKtjvoi), to whom the polemarchs,
French and English. (Vid. PIICENIX.)* Pythians, and three of the equals (O/LLOIOI) also be-
*DAMASO'NIUM dafiaauviov ), a plant, the longed ;* of the prophets,3 surgeons, flute-players,
(
**me, according to Galen, with the u/U<r//a of Dios- volunteers in the army, Olympian conquerors,*
corides. Stephens calls it Plantago aquatica. Cor- public servants, &c. The two ephors who attend-
dua, Sprengel, and Sibthorp accordingly acknowl- ed the king on military expeditions also formed part
5
edge it as the Water Plantain, or Alisma plantago, of the damosia.
J, DANAKE (davuKij), the name of a foreign coin,
DAMNI INJURIA ACTIO. The Aquilia lex,
6
according to Hesychius worth a little more than
in the first chapter, provided that, if a man unlaw- an obolos. According to some writers it was a
fully (injuria) killed a slave or quadruped (qua. pecu- Persian coin. 7 This name was also given to the
dum numero sit) which belonged to another, he was obolos which was placed in the mouth of the dead
bound to pay to the owner the highest value that to pay the ferryman in Hades. 8 At the opening of
the slave or animal had within the year preceding a grave at Same in Cephallenia, a coin was found
9
the unlawful act. By the third chapter he was between the teeth of the corpse.
bound to pay the highest value that the slave or DANEPON. (Vid. INTEREST OF MONEY.)
animal had within the thirty days preceding the *DAPHNE (6d(j>v7i), the Laurus of the Romans,
unlawful act. A person whose slave was killed and our Bay-tree not the Laurel, as it is frequent-
;
" " observes
(injuria) might either prosecute the offender capi- ly rendered. Translators, Martyn,
" confound the Laurel and the Bay, ;is if
tally (capitali crimine), or might bring his action for frequently
damage under this lex. The actions of the lex they were the same tree, and what the Romans
Aquilia (actiones directce) were limited to damage called Laurus. Our Laurel was hardly known in
done by actual contact (corpore), and only the owner Europe till the latter end of the sixteenth century,
of the thing damaged could sue. Afterward, an about which time it appears to have been brought
i.Hio utilis was given in the case where the injury from Trebizond to Constantinople, and thence into
vas done corpori but not corpore ; as if a man per- most parts of Europe. The Laurel has no fine
suaded a neighbour's slave to get up a tree, and he smell, which is a property ascribed to the Laurus
fell down and died, or was injured such actio was :
by Virgil. Nor is the Laurel remarkable for crack-
also given to him who had a jus in re.' ling in the fire, of which there is abundant mention
DAMNUM signifies generally any injury to a per- with regard to the Laurus. These characters agree
son's property, and it is either damnum factum, very well with the Bay-tree, which seems to be
datum, damage done, or damnum infectum, metu- most certainly the Laurus of the ancients, and is at
endum, damage apprehended. (Vid. DAMXUM IN- this time frequent in the woods and hedges of
KECTUM.) Damage done to our actual property is Italy. The first discoverers of the Laurus gave it
simply called damnum that damage which is
;
the name of Laurocerasus, because it has a leaf
1*
caused by our being prevented from acquiring a something like a bay and a fruit like a cherry."
(ap. Euseb., De Praeparat. Evang., iii., p. 83, and Fragm.,
3. (Xen.,
1. 1. (Dig. 39, tit. 2.) 2. (Xen., Rep. Lac., xiii., 1.)
p. 759, &c., ed. Wyttenb.) 2. (Vid. Creuzer, Symbol, und My- Rep. Lac., xiii., 7.) 4. (Plut., Lye., 22.) 5. (Mttller, Dorian*,
thol., 11., p. 580, and Mullor's Oixhom., p. 211, <fcc.) 3. (Adams, iii.,12, $ 5.) 6. (s. v.) 7. (Pollux, Onom., ix., 82, and Hem-
Append., s. v.) 4. (Adams, Append., s. v.) 5. (Galen, De sterh. ad loc.) 8. (Hesych., 8. v. Lucian, De Luctu, c. 10.)
Simf vi- -Paul. JEgin., vii., 3. Dioscorides, iii., 154. 9. (Stackelberg, Die Greber der Hellenen, p. 42. Becker,
kdaius, AI pend., a. v.) 6. (Gaiiu, iii., 210, &c. Dig. 9, tit. 2.) 10. (Martyn ad Virg., Georg.,i., 306.)
:
It. snort, as Adams remarks, the 6u(j>v q is the Lau-the daphnephoria, whatever changes may have been
rus nobilis, L. The 6u<jni^ 'ATie^dvdpeia of Dios- subsequently introduced; was a very ancient festival
corides is unquestionably, according to the same There was a great similarity between this festi-
authority, the Butcher's Broom, or Alexandrean val and a solemn rite observed by the Delphians,
Laurel, i. e., Ruscus Hypoglossum.
1
who sent every ninth year a sacred boy to Tempe.
DAPHNEPHOR'IA (Ao^wNtopfe), a festival cel- This boy went on the sacred road, 1 and returned
ebrated every ninth year at Thebes in honour of home as bay-bearer (daQvrjQopof) amid the joyful
Apollo, surnamed Ismenius or Galaxius. Its name songs of choruses of maidens. This solemnity was
was derived from the branches of bay (dd^vai) which observed in commemoration of the purification of
were carried by those who took part in its celebra- Apollo at the altar in Tempe, whither he had fled
tion. A full account of the festival is given by after killing the Python, and was held in the inontb
Proclus. a At one time all the ^Eolians of Arne of Thargelion (probably on the seventh day). It is
and the adjacent districts, at the command of an a very probable conjecture of Muller, 3 that the Boeo-
oracle, laid siege to Thebes, which was at the same tian daphnephoria took place in the same month
time attacked by the Pelasgians, and ravaged the and on the same day on which the Delphian boy
neighbouring country. Bui when the day came broke the purifying bay-boughs in Tempe.
on which both parties had to celebrate a festival The Athenians seem likewise to have celebrated
of Apollo, a truce was concluded, and on the day a festival of the same nature, but the only mention
of the festival they went with bay-boughs to the we have of. it is in Proclus, 3 who says that the
temple of the god. But Polematas, the general of Athenians honoured the seventh day as sacred to
the Boeotians, had a vision, in which he enw a Apollo ; that they carried bay-boughs, and adorned
young man who presented to him a complete suit the basket (KUVEOV, see CANEPHOROS) with garlands,
of armour, and who made him vow to institute a and sang hymns to the god. Respecting the astro-
festival, to be celebrated every ninth year, in hon- nomical character of the daphnephoria, see Miiller,
our of Apollo, at which the Thebans, with bay- Orchom., p. 220 and Creuzer, Symbol, und Mytfiol., ;
than those at the top, are attached to the middle so called from him. Harpocration, however, says*
part of the wood, and the lowest part is covered that the name was older than this Darius, and
with a crocus-coloured envelope. By the globe on taken from an earlier king. Gesenius 7 supposes
the top they indicate the sun, which is identical the name to be derived from an ancient Persian
with Apollo the globe immediately below the first
;
word signifying king, or royal palace, or the bow
represents the moon and the smaller suspending
; of the king, in allusion to the figure stamped upon
globes are symbols of the stars. The number of it.
garlands being 365, indicates the course of the year. This coin had a very extensive circulation, not
At the head of the procession walked a youth, only in the Persian empire, but also in Greece.
whose father and mother must be* living. This The pay given by Cyrus to the soldiers of Clearchus
3
youth was, according to Pausanias, chosen priest was a daricus a month 8 and the same pay was of-
;
of Apollo every year, and called dayvz-jxpof he fered to the same troops by Thimbrion, a Lacedae-
was always of a handsome figure and strong, arid monian general. 9 In the later books of the Old Tes-
taken from the most distinguished families of tament, the daricus is supposed to be mentioned
Thebes. Immediately before this youthful priest under the names of adarkon and darke-
^ll^
walked his nearest kinsman, who bore the adorned
piece of olive-wood, which waft called tcunu. The
priest followed, bearing in his hand a bay-branch, Harpocration says that, according to some pei-
with dishevelled and floating hair, wearing a golden was worth twenty silver drachmae
sons, the daricus ;
1
the procession went to the Temple of Apollo Isme- gold money, it is worth much more. The darics in
nius or Galaxius. It would seem from Pausanias the British Museum weigh 128 4 grains and 128-6
.
that all the boys of the town wore laurel garlands grains respectively. Hussey" calculates the dari-
on this occasion, and that it was customary for the cus as containing on an average about 123-7 grains
sons of wealthy parents to dedicate to the god bra- 1237
of pure gold, and therefore equal in value to
zen tripods, a considerable number of winch were 1 15*1*6
seen in the temple by Pausanias himself. Among of a sovereign, or about I/. Is. Wd. 1-76 farthings.
them was one which was said to have been dedica- Very few darics have come down to us then ;
ted by Amphitryon, at the time when Heracles was 1. (Plut., Quwst. Gr., 12.) 2. (Dor., ii., 8, HO 3. <ap. Pho-
daphnephorus. This last circumstance shows that tiura, p. 987.) 4. (Adams, Append., s. v.) 5. (iv., 166.) 6.
(s. v.) 7. (Hebr. Lexicon.) 8.
(Xen., Anab., i., 3, 21.) ft I)
1. (Dioscor., i., 106. Galen, De Simpl., vi. Bauhin's Piaax, (Ibid., vii., 6, I) 1.) Chvon., xxix, 7. E?ra, viii ,87.
10. (Vid. 1
603. Adams, Append, s. v.) 2 (Chretomath., p. 11.) 3. ii., 69.
Nehem., vii., 70, 72.) 11. (Anab., i., 7, 18.,- t t>
the conquest of Persia, they were melted down Kaatfioii ypaQri, lay against the person who gave the
and recoined under the type of Alexander. bribe and the other, called dupuv or duoodoiciaf
;
There are also silver coins which go by the name ypafy-fi, against the person who received it. 1 Ihese
of darics, on account of their bearing the figure of actions applied to the bribery of citizens in the
pub
an archer but they were never called by this name lie assemblies of the people (avvdeKu&tv TIJV KK?I.I}-
;
in ancient times. Aryandes, who was appointed crmv*), of the Heliasa or any of the courts of justice,
governor of Egypt by Cambyses, is supposed to of the /3ot/l^, and of the public advocates (avvriyo
have been the first who struck these silver coins, in pot*). Demosthenes, 4 indeed, says that orators
imitation of the gold coinage of Darius Hystaspis. were forbidden by the law not merely to abstain
from receiving gifts for the injury of the state, but
even to receive any present at all.
4
According to Aristotle, Anytus was the first per-
son at Athens who bribed the judges and we learn ;
was.* CUM-iE.)
v.t., II. A., i., 6 ; v., 8. Harris, Nat. Hist. Bibl., p. 91.) 4. I"
Dioacor., iii., 76. Nicand., Ther., 94. Adam?, Append., s. v.)
-5. (Harpocrat., s.v.) 6. (Xen., Hell.,ii., 4, 1) 23.) 7. (Com- p. 116, transl. Meier,' Alt. Proc., p.' 352.) 10. (Cic., Pro Mil
pare Lysias, c. Eratosth., p. 420. Wachsmuf.h, i., 2, p. 266.) c. 27. Hor., Catm., II., xv., 14. Cic., Philipp., xiv., 4.) 11
S. (llarpocrat., s. v. Aoapx ia - Schneider ad Aristot., Pol., (Cic., Philipp., xiii., 18.) 12. (Liv., iii., 9.) 13. (Liv.,iii.. 31
i., 146, 147 ) 9. (Plut., Lys., 5. Wachsmuth, ii., 2, p. 245.) 14. (Dionys., x., 56.)
339
DECEMVIRI. DECU\L.
BU!S> of the wardt n of the city, and of the two quaes the patricians and five from the plebeians. 1 Stbse-
torf,s parricidii, as Niebuhr conjectures, and of five quently their number was still farther increased to
otLers chosen by the centuries. They discharged fifteen (quindccemmri), but at what time is uncer-
the duties of their office with diligence, and dispen tain. As, however, there were decemviri in B.C.
Bed justice with impartiality. Each administered 82, when the Capitol was burned,* and we read of
the government day by day in succession, as during decemviri in the time of Cicero, 3 it appears proba-
an interregnum and the fasces were only carriec
;
ble that their number was increased from ten to
fifteen by Sulla, especially as we know that he in-
l
before the one who presided for the day They drew .
up a body of laws, distributed into ten sections creased the numbers of several of the other ecclest-
which, after being approved of by the senate anc astical corporations. Julius Caesar added one more
the comitia, were engraven on tables of metal, and to their number ;* but this precedent was not fol*
set up in the comitium. lowed, as the collegium always appears to have
On the expiration of their year of office, all par consisted afterward of only fifteen.
ties were so well satisfied with the manner in which It was also the duty of the decemviri and
quin-
they had discharged their duties, that it was resolv- queviri to celebrate the games of Apollo* and the
ed to continue the same form of government for an secular games. 8 They wwe, in fact, considered
other year more especially as some of the decem-
; priests of Apollo, whence each of them had in his
virs said that their work was not finished. Ten house a bronze tripod dedicated to that deity. 7
new decemvirs were accordingly elected, of whom DECIMA'TIO was the selection, by lot, of every
Appius Claudius alone had belonged to the former tenth man for punishment, when any number of
body
a
and of his nine new colleagues Niebuhr
;
soldiers in the Roman army had been guilty of any
thinks that five were plebeians. These magistrate crime. The remainder usually had barley allowed
framed several new laws, which were approved of to them instead of wheat. 8 This punishment does
by the centuries, and engraven on two additional not appear to have been often inflicted in the early
tables. They acted, however, in a most tyrannical times of the Republic, but is frequently mentioned
manner. Each was attended by twelve lictors, in the civil wars and under the Empire. It is said
who carried, not the rods only, but the axe, the to have been revived by Crassus, after being dis-
emblem of sovereignty. They made common cause continued for a long time (llurpiov n TOVTO 6ta TTO?.-
with the patrician party, and committed all kinds Awv XP VUV Ko7>,a<jfJia rolf arpaTturaif birayayuv*).
of outrages upon the persons and property of the For instances of this punishment, see Liv., ii., 59.
plebeians and their families. When their year of Suet., Aug., 24 Galba, 12. Tacit., Hist., i., 37. ;
office expired, they refused to resign or to appoint Dio, xli., 35; xlix., 27, 38.
successors. Niebuhr, however, considers it certain Sometimes only the twentieth man was punished
that they were appointed for a longer period than a (vicesimatio), or the hundredth (centesimatio 10 )-
year, since otherwise they would not have been DECRETUM
seems to mean that which is de-
required to resign their office, but interreges would termined in a particular case after examination or
at the expiration of the year have stepped into their consideration. It is sometimes applied to a deter-
place. This, however, does not seem conclusive, mination of the consuls, and sometimes to a deter-
since the decemvirs were at the time in possession mination of the senate. A decretum of the senate
of the whole power of the state, and would have would seem to differ from a senatus consultum in
prevented any attempt of the kind. At length the the way above indicated it was limited to the spe- :
unjust decision of Appius Claudius in the case of cial occasion and circumstances, and this would be
Virginia, which led her father to kill her with his true whether the decretum was of a judicial or a
own hands to save her from prostitution, occasion- legislative character. But this distinction in the
ed an insurrection of the people. The decemvirs use of the two words, as applied to an act of the
were in consequence obliged to resign their office, senate, was, perhaps, not always observed. Cice-
B.C. 447, after which the usual magistracies were ro 11 opposes edictum to decretum, between which
re-established. 3 there is in this passage apparently the same analo-
The ten tables of the former, and the two tables ;y as between a consultum and decretum of the
of the latter decemvirs, together form the laws of senate. A decretum, as one of the parts or kinds
the Twelve Tables, of which an account is given in of constitutio, was a judicial decision in a case be-
a separate article. (Vid. TWELVE TABLES.) fore the sovereign. (Vid. CONSTITUTIO.) Gaius,
1
II. DECEMVIRI LITIBUS JUDICANDIS. (Vid PRAE- when he is speaking of interdicta, says that they
TOR.) are properly called decreta, " cum (prsetor aut pro-
DECEMVIRI SACRIS FACIUNDIS, sometimes jonsul) fieri aliquid jubet," and interdicta when he
III.
called simply DECEMVIRI SACRORUM, were the mem- forbids. A judex is said " condemnare," not " de-
bers of an ecclesiastical collegium, and were elected cernere," a word which in judicial proceedings is
for life. Their chief duty was to take care of the appropriate to a magistratus who has jurisdictio.
Sibylline books, and to inspect them on all impor- DE'CUJVLE formed a portion of the
(sc. paries)
tant occasions by command of the senate.* 8
ectigalia of the Romans, and were paid by subjects
Virgil
alludes to them in his address to the Sibyl "Lectos : whose territory, either by conquest or deditio, had
sacrabo viros." ecome the property of the state (ager publicus).
Under the kings the care of the Sibylline books They consisted, as the name denotes, of a tithe or
was committed to two men (duumviri) of high rank, 6 enth of the produce of the soil, levied upon the
one of whom, called Atilius or Tullius, was punish- cultivators (aratores) or occupiers (posscssores) of
ed by Tarquinius for being unfaithful to his trust, he lands, which, from being subject to this pay-
by being sewed up in a sack and cast into the sea. 7 ment, were called agri decumani. The tax of a
On the expulsion of the kings, the care of these enth was, however, generally paid by corn lands
books was intrusted to the noblest of the patricians, lantations and vineyards, as requiring no seed and
who were exempted from all military and civil du- ess labour, paid a fifth of the produce. 13
ties. Their number was increased about the year We
also find the expression "decumates agri"
365 B.C. to ten, of whom five were chosen from
1. (Liv., vi., 37-42.) 2. 1. c.)
(Dionys., 3. (ad Fam., viii., 4.)
1. (Liv., 33) 2. (Liv., iii., 35. Dionys., x., 53.) 3. 4. 6. (Tac., Ann.,
iii., (Dion Cass., xliii., 51.) 5. (Liv., x., 8.)
(Niebuhr, Hist. Rome, vol. ii., p. 309-356, transl. Arnold, Hist, i., 11. Hor., Carm. Sasc., 70.) 7.
(Servius ad Virg., ^n., iii.,
of Rome, vol. i., p. 250-313.) 4. (Liv., vii.,27; xxi., 62 ; xxxi., 32.) 8. (Polyb., vi., 38. Cic., Pro Cluent., 46.) 9. (Plut ,
12.) 5. (JEn., vi., 73.) 6. (Dionys., iv., 62.) 7. (Dionys., I.e. 10. (Capitol., Macrin., 12.) 11. (ad Fam., xiii.
Jrass., 10.)
-VaL Max., i., 1, $ 13.) 6.) 12. (iv., 140.)- -13. (Appian, Bell. Civ., i.,7.)
340
DECUMJE. DEICELISTAT.
applied to districts in Germany which were occu- conquest, or something similar, may be inferred
pied by Roman soldiers or auxiliaries, after the ex- from the statement of Herodotus, 1 that at the time
pulsion of the old proprietors, subject to the pay- of the Persian war the confederate Greeks made a
ment of a tenth part of the produce. It is probable vow, by which all the states who had surrendered
that there were many such and if so, it is useless
;
themselves to the enemy were subjected to the
1
to inquire where the lands so called were situated. payment of tithes for the use of the god at Delphi.
Tacitus merely says of them that they lay beyond The tenth (TO kiri.6iKa.Tov) of confiscated property
the Rhine and the Danube. The name of decuma- was also sometimes applied to similar objects. 8 The
ni was also applied to the farmers of these tributes, tithes of the public lands belonging to Athens were
who purchased them from the state, and then col- farmed out, as at Rome, to contractors, called 6exa
lected them on their own account. ( Vid. PUBLICANI. ) ruvai the term deKartjhoyoi was applied to the col-
:
The system of exacting a tenth of the produce lectors but the callings were, as we might suppose,
;
from the occupiers of land which had become the often united in the same person. The title de/corew-
property of the state, seems to have been of great rat is applied to both. A denary, or tenth of a dif-
antiquity thus a tradition is preserved of the Ro-
: ferent kind, was the arbitrary exaction imposed by
mans themselves having at one time paid a tenth the Athenians (B.C. 410) on the cargoes of all ships
to the Etruscans, a story which Niebuhr* refers to sailing into or out of the Pontus. They lost it by
the surrender (deditio) of the city to Porsenna. 3 the battle of ^Egospotami (B.C. 465), but it was
The practice is best illustrated by the case of Sicily. re-established by Thrasybulus about B.C. 391.
It appears from Cicero* that the Romans, on redu- This tithe was also let out to farm. 3 The tithe-
cing this island to a province, allowed to the old in- house for the receipt of this duty was called Jexa-
habitants the continuance of their ancient rights (ut TevTijpiov to sail by necessity to it, Kapayuytd&iv.*
:
tenths being paid as a usufruct on property which as late as the time of Ulpian. Their civil condition,
was not freehold, though the right of occupation as is stated above, was formed by analogy to the
might be acquired by inheritance or purchase thus condition of a conquered people, who did not indi-
:
a tyrannus demanded tithes from his subjects in his vidually lose their freedom, but as a communil"lost
right as proprietor of the lands they occupied Pei- all political existence.
; In the case of the Vulsci,
sistratus, for instance, imposed a tax of a tenth on Livy inclines to the opinion that the four thousand
the lands of the Athenians, which the Peisistratidae who were sold were slaves, and not dediti. 6
lowered to a twentieth. 7 We
use the word " usu- DEDUCTO'RES. (Vid. AMBITUS, p. 46).
fruct," in the previous sentence, in its common ac- DEICELISTAI (SentrjhiaTai or ditis'hiaTai La- :
" usus fructus" of Roman law cedaemonian, dEiK&iKTai, from (5/ce/lof, imitating),
ceptation but the;
seems to be the same as "usus et fructus." The a name which was, indeed, sometimes applied by
T
profit which the state derived from the land was the Spartans to any class of actors on the stage ;
termed " fructus," and the occupation for which it but it properly belonged to a class of buffoons or
was paid, " usus." 8 The same principle was also improvisatore, who, in the language of the common
applied to religious purposes thus Xenophon sub- people, and in a very artless manner, imitated some
:
ected the occupiers (rovq Ijovraf KOI Kapxov[j.evovs) comic event. This kind of amusement, according
of the land he purchased near Scillus to a payment to Sosibius, 8 was very old at Sparta, and consisted
of tithes in support of a temple of Artemis, the god- in imitating some foreign physician, or persons
dess to whom the purchase-money was dedicated (probably boys) who stole fruit in the autumn, or tho
;
the Delian Apollo also received tenths from the remains of meals, and were caught with their goods.*
9
Cyclades. That many such charges originated in The play itself is called by Pollux a mimic dance ;
1. (Tacit., Ger., 29. xiii., 54, ed. Walther.)
Ann., 2. (Hist. 1. (vii., 132.) 2. (Xen., Hell., i., 7, 1) 11.) 3. (Demosth., c.
4
Rom., i., 546, transl.) 3.
(Tacit., Hist., iii., 72.) 4. (c. Verr., Leptin., 475, ed. Bekker. Xen., Hellen., iv., 8, $ 27, 31.)
act. ii., lib. iii.) 5.
(Savigny, Philol. Mus., ii., 129.) 6. (Suet., (Bockh, vol. ii., p. 41, transl.) 5. (i., 37.) 6. (Gams, i., 13,
CKS., 20.) 7. (Thucycl., vi.. 54.) 8. (Nieb., Rom. Hist.) 9. &c. Ulp., Frafr., tit. 1, s. 11.) 7. (Plat., Agesil., 21. Lacon.
(Xen., Auab., v , 3, $ H
- Callim., Hymn. Del.. 272, ed. Span- Apophth., p. 185.) 8. (ap. Athen., xiv., p. 621.)
9. (Pollux,
but, from the words of Sosibius, we must conclude and with, little attempt to distinguiih the custom*
that the action represented was only alternating of different periods.
with comic dances, or accompanied by them. Athe- The poems of Homer contain a real picture of
naeus 1 gives a list of names by which these mimic early manners, in every way worthy of the antiqua-
actors, who were extremely popular among the an- rian's attention. As they stand apart from all oth-
cients generally, were designated in various parts er writings, it will be convenient to exhibit in one
of Greece. It is highly probable that the repre- view the state of things which they describe. It ia
sentations of the deiKEhiarai were peculiar to some not to be expected that the Homeric meals at all
religious festival, and it has been supposed that they agree with the customs of a later period indeed, it ;
were connected with the celebration of the Diony- would be a mere waste of time to attempt adapting
sia at Sparta.* the one to the other. Athenaeus, 1 who has entered
DEIGMA (8ely[j.a),
a particular place in the Pei- fully into the subject, remarks on the singular sim-
well as in the harbours of other states,
raeus, as plicity of the Homeric banquets, in which kings and
where merchants exposed samples of their goods private men all partake of the same food. It was
for sale. 3 The samples themselves were called common even for royal personages to prepare their
own meals a and Ulysses 3 declares himself no mean
;
SIVE ACTIO.) ev
Tlvp T" vrjjjffai, Ji 6e gvXa dava xeuaaai
DEJECTI EFFUSIVE ACTIO. This was an
AaiTpevaal TE Kal b-KTTJGai Kal olvo^orjaat.
action given by the praetor's edict against a person
Three names of meals occur in the Iliad and Odys-
who threw or poured out anything from a place or
sey apLGTov, detTTvov, dopirov. This division of the
:
upper chamber (ccenaculum) upon a road which is meals is ascribed, in a fragment of ^Eschylus quo
frequented by passengers, or on a place where peo- ted by Athenaeus,* to Palamedes. Kal
The action was against the oc- ra^iup^af Kal
ple use to stand.
aTupxaf Kal eKarovrupxaf lra|a- GITOV 6' dtieva/
cupier, not the owner. If several persons inhabited
picra, apiGra, demva, Sopira &' alpeladat rpia.
a ccenaculum, and any injury was done to another
The word apiarov uniformly means the early (up'
by a thing being thrown or poured out of it, he had s
i70i ), as Sopnov does the late meal; but detirvov, on
a right of action against any of them, if the doer
the other hand, is used for either, 6 apparently with-
was uncertain. The damages recoverable were to
double the amount of the damage, except in the case
out any reference to time. should be careful, We
of a liber, when they were fifty aurei if he was kill-
however, how we argue from the unsettled habits
of a camp to the regular customs of ordinary life.
ed if he was only injured in his person, they were
"
;
From numerous passages in the Iliad and Odys-
quantum ob earn rem aequum judici videbitur eum sey, it appears to have been usual to sit during meal-
eum quo agatur condemnari," which included the times. In the palace of Telemachus, before eating,
expenses of a medical attendant, loss of time, &c., a servant brings Minerva, who is habited as a stran-
but not damage done to his apparel, &c. If injury " in a
ger, the xpvi$, or lustral water, golden pitch-
was caused by a thing being thrown from a ship, 7
er, pouring it over a silver vessel." Beef, mutton,
there was an actio for the words of the edict are,
" UNDE in eum locum
;
and goat's flesh were the ordinary meats, usually
quo volgo iter fiat vel in quo eaten roasted yet from the lines 8 ;
the daytime, and not to the night, which, however, Od,, xvii., 455, the latter appears, even at this early
was the more dangerous time for a passer-by. 6 period, to have been a sign of hospitality ; in Od.,
DEILE (deOiii). (Vid. DIES.) xi., 122, it is the mark of a strange people not to
AEIA'IAS rPA$H ypa^\ the name of a know its use.
(fciMae
suit instituted against soldierswho had been guilty Each guest appears to have had his own table,
tf cowardice. The presidency of the court be- and he who was first in rank presided over the rest.
7
longed to the strategi, and the court was composed Menelaus, at the marriage feast of Hermione, begins
of soldiers who had served in the 8
The the banquet by taking in his hands the side of a
campaign.
punishment, on conviction, appears to have been roasted ox, and placing it before his friends. 10 At
6ruua. Compare AZTPATEIAS TPA4>H. the same entertainment music and dancing are in-
" The divine minstiel
DEIPNON (dciirvov). The present article is de- troduced :
hymned to the
signed to give a sketch of Grecian meals, and cus- ound of the lyre, and two tumblers (/cf&crrjm/pe)
toms connected with them. The materials for such began the festive strain, wheeling round in the
an account, during the classical period of Athens midst." It was not beneath the notions of those
and Sparta, are almost confined to incidental allu- 3arly days to stimulate the heroes to battle,
11
sions of Plato and the comic writers. Several an- "Edp?? re, icpeacriv re, ide ir'XeLoi^ demieaaiv :
mosth., c.Lacr., 932, 20. Theophrast., Charact., 23.) 4. (Plu- tor's is remarked on as being eleven years old. The
tarch, Demosth., 23. Bockh, Publ. Econ. of Athens, i., p 81 )
5. (Cic., A-rr., ii., c. 35. Hor., Epist., I., i., 91. Juv ./Sat 1. (i., p. 8.) 2. (II., ix., 206-218. Compare Gen., ixvii., 31.)
i., 17.) 6 (Di?. 9, tit. 3. Juv., Sat., iii., 268, <fcc.) 7. (^Esch'' 5.
3. (Od., xv., 322.) 4. (i., p. 11.) (Ocl., xvi., 2.) 6. (II..
c. Ctes., 566. c.
Lysias, Alrib., 520, 525.) 8. (Lysias, c. Alcib!' 381. 7. (Od., 136.) 8. (II., xxi., 363 )
i., Od., xvii., 170.) i.,
9. (11 , ix., ?.17.) 10. (Od., iv., 65.) 11. (II., x , 311.)
342
DEIPNON. DEIPNON.
Maronean wine, so called from Maron, a hero, was introduces Philocleon describing the pleasure ol re-
especially celebrated, and would bear mingling with turning home after attending the courts, and parta-
twenty times its own quantity of water. It may be king of a good upiaTov. The courts of justice could
observed that wine was seldom, if ever, drunk pure. scarcely have finished their sittings by nine o'clock.
When Nestor and Machaon sit down together, " a Tima'us also defines deify irputa, which we know
woman," like unto a goddess, sets before them a to have been the early part of the afternoon (vid.
polished table, with a brazen tray, eirl 6e Kpo/t DIES), as the time before the upiorov. The upioroi
TrJTu difiov. Then she mingles a cup of Pramnian was usually a simple meal, but, of course, vane*.
wine in Nestor's own goblet, and cuts the cheese according to the habits of individuals. Thus Is-
of goat's milk with a steel knife, scattering white chomachus, who describes his mode of life to Soc-
flour over it. The guests drank to one another :
rates, who greatly approves of it, says, 'Apiary 6aa
thus the gods 1 <5e<J ^ar' a/U?/louf, and Ulysses
/ (iTjTE KEVOg flTjTE UjaV TT^jjprjf 6lTjfiepeVf'-
l
2
pledged Achilles, saying, %alp', 'A^i/lei). Wine The
principal meal, however, was the teinvov,
was drawn from a larger vessel (vid. CK UTER) into which ought, therefore, according to our notions, tc
the cups from which it was drunk, and before drink- be translated, like the Latin caena, by our word
" dinner."
ing, libations were made to the gods by pouring some It was usually taken rather late in the
of the contents on the ground. 3 day, frequently not before sunset.
8
Aristophanes
1
Alter their feet had been washed, the guesls re- an account of the different dishes which were iiv
clined on the K^ivat or couches (K<u [ih> <j>i] unov- troduced at a Greek dinner, though their number ia
1
far below those which were usually partaken of at
Ifciv rbv TrattJa, Iva KaraKeoi.ro).
It has been already remarked that Homer never a Roman entertainment. The most common food
describes persons as reclining, but always as sitting among the Greeks was the /iafo (Dor. fiudda), a
at their meals but at what time the change was kind of frumenty or soft cake, which was prepared
;
3
introduced is uncertain. Miiller concludes from a in different ways, as appears by the various names
3
fragment of Alcman, quoted by Athenaeus, that the
which were given to it. 1 The /zdfa is frequently
mentioned by Aristophanes. The (J>VOTT/ (infa, of
Spartans were accustomed to recline at their meals
is early as the time of Alcman. The Dorians of which Philocleon partakes on returning home from
3
3rete always sat but the Athenians, like the Spar- the courts, is said by the scholiast to have been
;
.ans, were accustomed to recline. The Greek wom- made of barley and wine. Tbe unCa mntinued to
en and children, however, like the Roman (vid. CCE- the latest times to oe tne common food of the lower
NA, p. 276), continued to sit at their meals, as we
classes. Wheaten or barley bread was the second
find them represented in ancient works of art. most usual species of food it was sometimes made ;
It was usual for only two persons to recline on at home, but more usually bought at the market of
each couch. Thus Agathon says to Aristodemus, the uproTTw/lat or pro7rw/U<5ff. The vegetables or-
2i> 6', 'Aptorod^e, Trap' 'Epv^ijiaxov /cara/c/UVov and dinarily eaten were mallows (fiaAuxq), lettuces (dpi-
:
to Socrates, Aevpo, Sw/cparef, Trap' e/ii* KaruKetao.* tJaf),cabbages (pdfyavoi), beans (Kvapoi), lentils (<f>a~
Also, at a banquet given by Attaginus of Thebes to KO.L),&c. Pork was the most favourite animal
fifty Persians and fifty Greeks, we are told that one food, as was the case among the Romans (vid. CCE
Persian and one Greek reclined on each couch. In NA, p. 275) Plutarch 3 calls it TO diKaiorarov /cpeaf.
;
ancient works of art we usually see the guests rep- Sausages, also, were very commonly eaten (vid.
resented in this way but sometimes there is a
; BOTULUS). It is a curious fact, which Plato* has
larger number on one long K^ivri, as in the woodcut remarked, that we never read in Homer of the he-
in page 326. The manner in which they reclined, roes partaking of fish. In later times, however,
the o^^ua Tjjff KaraK^iasuf, as Plutarch* calls it, will fishwas one of the most favourite articles of food
be understood by referring to the woodcut already among the Greeks, insomuch so that the name of
mentioned, where the guests are represented recli- btyov was applied to it /car' efo^v.
8
A minute ac-
ning with their left arms on striped pillows (vna-yic- count of the fishes which the Greeks were accus-
uvia), and having their right free whence Lucian ;
6 tomed to eat is given at the end of the seventh book
speaks of CTT' ajKuvog demveiv. of Athenasus, arranged in alphabetical order.
After the guests had placed themselves on the The ordinary meal for the family was cooked by
K/ltvat, the slaves brought in water to wash their
the mistress of the house, or by the female slaves
hands (vdup Kara xeipoe edodrj). The subsequent under her direction but for special occasions pro- ;
proceedings of the dinner are briefly described in fessional cooks ([tdyeipoi) were hired, of whom there
6
two lines of Aristophanes, 7 appear to have been a great number. They are
frequently mentioned in the fragments of the comio
"~8up Kara ,Yetpof raf rpaTreaf elaijiepeiv and those who were acquainted with all this
poets ;
Aenrvoffiev u,"KOvevL\J,\it& f/drj aitivSofiEV. refinements of their art were in great demand in
The dinner was then served up whence we read, other parts of Greece besides their own country.
;
in Aristophanes and elsewhere, of rug rpairi^ ela- The Sicilian cooks, however, had the greatest repu-
7
Qepeiv, by which expression we are to understand, tation, and a Sicilian book on cookery by one Mi-
not merely the dishes, but the tables themselves. 8 thaecus is mentioned in the Gorgias of Plato ;* but
It appears that a table, with provisions upon it, was the most celebrated work c\i the subject was the
9
placed before each KJilvi) and thus we find, in all TaorpoAoym of Archestratus.
:
ancient works of art which represent banquets or A dinner given by an opulent Athenian usually
symposia, a small table or tripod placed before the consisted of two courses, called respectively Trptirai
10
Kkivn, and when there are more than two persons rpuTrefat and devrepai rpdne^ai. Pollux, indeed,
on the K^ivrj, several of such tables. (See woodcuts speaks of three courses, which was the number at
in p. 276, 326). These tables are evidently small a Roman dinner (vid. CCENA, p. 275 and in the ;
enough to be moved with ease. same way we find other writers under the Roman
In eating, the Greeks had no knives or forks, but Empire speaking of three courses at Greek dinners ;
,
made use of their fingers only, except in eating but before the Roman conquest of Greece, and the
soups or other liquids, which they partook of by introduction of Roman customs, we only read of
means of a spoon, called /j.vari^rj, pvarpov, or JJ.VG- two courses. The first course embraced the whole
rpof. Sometimes they used, instead of a spoon, of what we consider the dinner, namely, fish, poul-
a hollowed piece of bread, also called ^vari^t]. 9 try, meat, &c. the second, which corresponds to ;
After eating, they wiped their fingers on pieces of our dessert and the Roman bellaria, consisted of
19
bread, called uiro[j.aySa%iai. They did not use any different kinds of fruit, sweetmeats, confections, &c.
cloths
,gr a papkins
the x si Pt* ailTP a and ^K/aayeia,
;
When the first course was finished, the tables
whiV g "^sometimes mentioned, 11 were towels, were taken away (alpeiv, anaipsiv, enaipeiv, u(j>at-
wn %s of Plal my used wnen tnev washed their pelv, eK^speiv, fSaard^eiv rug Tpairefcf), and water
nan
Yit autho
was given to the guests for the purpose of washing
* tf
Ather
s ^
at tne arran g ement of the dinner their hands. Crowns made of garlands of flowers
wai ited to certain slaves. 18 The one who were also then given to them, as well as various
of it was called rpoTre- kinds of perfumes. 11 Wine was not drunk till the
had^t v jhief management
frxot tr rpaTreb/co//0. 11 first course was finished but, as soon as the guests ;
out a small quantity as a libation. This libation cient panegyris in Delos had ceas( d, and it was nl J
was said to be made to the " good spirit" (uya revived until 01. 88, 3, when the Athenians, aftei
6ainovoq\ and was usually accompanied with the having purified the island in the winter of that year,
singing of the paean and the playing of flutes. After restored the ancient solemnities, and added hors"1 -
this libation, mixed wine was brought in, and with races, which had never before taken place at the
their first cup the guests drank to Aidg Sur^p Delia. 1 After this restoration, Athens being at the
With the anovdai, the delnvov closed and at the head of the Ionian confederacy, took the most
;
introduction of the dessert (devrepat TP&KE&I) the prominent part in the celebration of the Delia and ;
irorof at'^TTOCTiov, or KUfj.0? commenced, of which an though the islanders, in common with Athens, pro-
,
account is given in the article SYMPOSIUM.* vided the choruses and victims, the leader (apxiBt-
DELA'TOR, an informer. The delatores, under wpof), who conducted the whole solemnity, was an
the emperors, were a class of men who gained their Athenian, 8 and the Athenians had the superintend
livelihood by informing against their fellow-citizens. ence of the common sanctuary. ( Vid. AMPHICTYONS. )
They constantly brought forward false charges to From these solemnities, belonging to the great
gratify the avarice or jealousy of the different em- Delian panegyris, we must distinguish the lesser
perors, and were, consequently, paid according to Delia, which were mentioned above, and which
the importance of the information which they gave. were celebrated every year, probably on the 6th of
In some cases, however, the law specified the sums Thargelion. The Athenians, on this occasion, sent
which were to be given to informers. Thus, when the sacred vessel (dcupig), which the priest of Apol-
a murder had been committed in a family, and any lo adorned with bay branches, to Delos. The em-
of the slaves belonging to it had run away before bassy was called deupla, and those who sailed to the
the quaestio, whoever apprehended such slaves re- island, deupoi and before they set sail, a solemn
;
ceived, for each slave whom he apprehended, a sacrifice was offered in the Delion at Marathon, in
reward of five aurei from the property of the de- order to obtain a happy voyage.* During the ab-
ceased, or else from the state, if the sum could not sence of the vessel, which on one occasion lasted
be raised from the property of the deceased.* In 30 days,* the city of Athens was purified, and no
the senatus consultum quoted by Frontinus,' the criminal was allowed to be executed. The lesser
informer received half of the penalty in which the Delia were said to have been instituted by Theseus,
person was fined who transgressed the decree of though in some legends they are mentioned at a
the senate. There seems also to have been a fixed much earlier period, and Plutarch* relates that the
sum given to informers by the lex Papia, since we ancient vessel used by the founder himself, though
are ttfld that Nero reduced it to a fourth.* often repaired, was preserved and used by the Athe-
The number of informers, however, increased so nians down to the time of Demetrius Phalereus.*
rapidly under the early emperors, and occasioned so DELICTUM. (Vid. CRIMEN.)
much mischief in society, that many of them were DELPHI'NIA (detyivia), a festival of the same
banished, and punished in other ways, by Titus, expiatory character as the Apollonia, which wa
7
Domitian, and Trajan. celebrated in various towns of Greece, in honour of
DELECTUS. (Vid. ARMY, ROMAN.) Apollo, surnamed Delphinius, who was considered
DE'LIA (dfaia) is the name of festivals and by the lonians as their tfeoc irarpuof. The name of
games celebrated at the great panegyris in the isl- the god, as well as that of his festival, must be de-
and of Delos, the centre of an amphictyony, to rived from the belief of the ancients, that in the be-
which the Cyclades and the neighbouring lonians ginning of the month of Munychion (probably iden-
on the coasts belonged." This amphictyony seems tical with the J^ginetan Delphinius) Apollo came
originally to have been instituted simply for the through the defile of Parnassus to Delphi, and be-
purpose of religious worship in the common sanc- gan the battle with Delphyne. As he thus assumed
tuary of Apollo, the i?eof Trarpwof of the lonians, the character of a wrathful god, it was thought ne-
who was said to have been born at Delos. The cessary to appease him, and the Delphinia, accord-
9
Delia, as appears from the Hymn on Apollo, had ingly, were celebrated at Athens, as well as at other
existed from very early times, and were celebrated places where his worship had been adopted, on the
10
every fifth year, and, as Bockh supposes, with 6th of Munychion. At Athens seven boys and girls
great probability, on the sixth and seventh days of carried olive-branches, bound with white wool
7
lhargelion, the birthdays of Apollo and Artemis. (called the 'iKeTrjpia), into the Delphinium.
The members of the amphictyony assembled on The Delphinia of JSgina are mentioned by the
these occasions (edeupovv) in Delos, in long gar- scholiast on Pindar,* and, from his remark on an-
ments, with their wives and children, to worship other passage, it is 9 clear that they were celebi ted
the god with gymnastic and musical contests, cho- with contests. 10 Concerning the celebration of the
ruses, and dances. That the Athenians took part Delphinia in other places, nothing is known ; but we
in these solemnities at a very early period, is evi- have reason to suppose that the rites observed at
dent from the Deliastae (afterward called deupoi) Athens and in ^Egina were common to all festivals
mentioned in the laws of Solon ;" the sacred vessel of the same name. 11
(deupif ), moreover, which they sent to Delos every DELPHIS or DELPHIN (dety/f or Setyiv), an
year, was said to be the same which Theseus had instrument of naval warfare. It consisted of a
sent after his return from Crete. 1 * The Delians, large mass of iron or lead suspended on a beam,
during the celebration of these solemnities, per- which projected from the mast of the ship like a
formed the office of cooks for those who visited yard-arm. It was u,sed to sink or make a hole in
their island, whence they were called 'E/teodvrtu. 1 * an enemy's vessel, by being dropped upon it when
1 *
In the course of time, the celebration of this an- alongside.
There seems no necessity for supposing that il
(Xen., Symp., ii., 1. Plato, Symp., c. 4, p. 176. Diod.
1.
Sic., iv., 3. Suidas, s. v. 'AyaOou Aa//*ovoy.) 2. (Becker,
Charikles, vol. i., p. 411-450.) 3. (Suet., Tib., c. 61. Dora., 1. (Thucyd., 1. c.) 2. (Plut., Nic., 3. Wolf, Introd. ad De
12. Tacit., Ann., iv., 30 vi , 47.) 4. (Dig. 29, tit. 5, s. 25.)
; mosth. Lept., p. xc.) 3. (MUller, Dor., ii., 2, 14.) 4. (Plat.,
6. (De Aqusduct.) 6. (Suet., Nero, 10.) 7. (Suet., Tit., 8. Phisdon, p. 58. Xen., Mem., iv., 8, ( 2.) 5. (Thes., 23.)*.
Don.., 9. Mart., i., 4. Plin., Panaeg., 34. Brissonius, Ant. (Bockh, Staatsh. der Ath., ii., p. 216, &c. Thirlwall, Hist, ot
Select., iii., 17.) 8. (Horn., Hymn, in Apoll., 147, &c.) 9. reece, iii., p. 217.) 7. (Pint., Thes., 18.) 8. (Pyth., viii.,
(Compare Tkucyd., iii., 104. Pollux, Onom., ix., 61.) 10. 88.) 9. (Olymp., vii., 151.) 10. (Compare Diog. Laert., Vit.
(Polliu, Onom., viii., 104.) 11. (Athen., vi., p. 234.) 12. Thai., c. 7. Miiller, Dor., ii., 8, <> 4.) 11. (Vrd. Muller, ^Egi-
(Vid. cjrmnentators on Plato, Crito, p. 43, c) 13. (Athen., iv., ict., p. 152.) 12. (Aristoph., Equit., 759 -Thucyd., rii . 41
p 173.) Schol. ad Thucyd., 1. c. Hesych., s- v>
X* 345
DEMARCHI. DEMIOPRATA.
as made in the shape of a dolphin. Bars of iron look the votes upon all questions under considera-
used lor ballast are at the present day called "pigs," tion they had the custody of the A??flapxticdv ypn^
;
though they bear no resemblance /o that animal. fiarelov, or book in which the members of the de-
I'robably the de^lvec. were hoisted aloft only when mus were enrolled and they made and kept a regis-
;
cwrforuywyoi), for the sailing of the former would be dinary property-tax was imposed, they must have
much impeded by so large a weight of metal. At been of great service in assessing and collecting the
any rate, those that Thucydides speaks of were not quota of each estate.
1
Moneys due to the demus
OB the triremes, but on the 6/UucSef. for rent, &c., were collected by them, 8 and it may
*DELPH1S, DELPHIN, or DELPHFNUS, 1 " This
the safely be allowed that they were employed to en-
Dolphin, or Ddphinus Delphis, L. animal," force payment of various debts and dues claimed
" For this purpose they seem to
says Cuvier, speaking of the D. Dclphis, found in by the state.*
numerous troops in every sea, and celebrated for the have had the power of distraining, to which al-
4
velocity of its movements, which sometimes cause lusion is made by Aristophanes. In the duties
it to precipitate itself on the helms of vessels, ap- which have been enumerated, they supplanted the
pears to have been really the Dolphin of the an- naucrari of- the old constitution their functions, ;
cients. The entire organization of the brain indi- however, were not confined to duties of this class,
cates that degree of docility which they universally for they also acted as police magistrates thus, in :
2
attributed to this animal." The internal organiza- conjunction with the dicasts of the towns (diKaaral
tion of the ear also renders this animal susceptible Kara <%zoi>f), they assisted in preserving peace and
of great attention it produces a sensibility to mu- order, 8 and were required to bury, or cause to be
:
sical sounds, and enables the Dolphin to distinguish, buried, any dead bodies found in their district: for
at a considerable distance, the cries of joy or alarm neglect of this duty they were liable to a fine of
" Some
of its congeners. authors," observes Grif- 1000 drachma?.' Lastly, they seem to have furnish-
3 "
fith, more especially the ancients, have not only ed to the proper authorities a list of the members
celebrated the mutual friendship subsisting among of the township who were fit to serve in war (/ca-
the Dolphins themselves, but have also asserted that ra/loyovf iKOL^aavTo"). ( Vid. DEMUS.)
they have a lively and natural affection towards the DEMENS. (Vid. CURATOR, p. 329.)
human species, with which they are easily led to DEMENSUM
was an allowance of corn, which
familiarize and they have recounted many mar- was given to Roman slaves monthly or daily. 9 Do-
;
9
vellous stories on this subject. All that is known natus says that every slave received four modii of
on this point with certainty is, that when these ani- corn a month but Seneca 10 speaks of five modii as;
astonishing. We
must not, however, be deceived in the month of Munychion, the name of which, as
by such external show of affection. These animals, well as that of the day on which the festival was
represepteii as "susceptible of so much attachment held, was changed into Demetrion and Demetrias.
to rrnn, are thoroughly carnivorous, and if they fol- A priest ministered at their altars, and conducted
low the track of vessels, it is, perhaps, with no oth- the solemn procession, and the sacrifices and games
er view than the hope of preying on something that with which the festival was celebrated. 13 To hon-
may fall from them." The Grampus (a fish in na- our the new god still more, the Athenians at the
ture nearly allied to the Dolphin) would seem to be same time changed the name of the festival of
" It is not
the Orca of Pliny. noticed," observes Ad- the Dionysia into that of Demetria, as the young
"
ams, by the Greek authors, unless, as some have prince was fond of hearing himself compared to
*
Dionysus. The Demetria mentioned by Athenaeus
1
supposed, it be the opvt- of Strabo."*
*DELPHIN'IUM (detyivtov), a plant. Sprengel are probably the Dionysia. Respecting the other
recognises the two species described by Dioscori- extravagant flatteries which the Athenians heaped
des as being the Delphinium Ajacis, or common upon Demetrius and Antigonus, see Athen., vi., p.
Larkspur, and the D. tennis simum of Sibthorp. 252 Herm., Polit. Ant. of Greece, $ 175, n. 6, 7,
;
From the circumstance of the Delphinium not be- and 8 and Thirlwall, Hist, of Greece, vii., p. 331
;
ing noticed in the Materia Medica of Galen, Oriba- DEMINUTIO CAPITIS. (Vid. CAPUT.)
sius, or Paul of JSgina, Matthiolus is disposed to re- DEfyllOP'RATA (6j}fiionpaTa, sc. Trpay^ara or
-fifiara) was property confiscated at Athens and
5
gard as spurious the two chapters of Dioscorides
"
in which mention is made of it. Among the syn- sold by public auction. The confiscation of prop-
onymes of the detyiviov in Dioscorides, we find," erty was one of the most common sources of rev-
remarks Adams, in continuation, " vu.Kiv6o<; and enue in many of the Grecian states and Aristoph- ;
(lovKivoc, fiivop of the Romans. It has, therefore, anes * mentions the SijuioKpara as a separate branch
1
been supposed that the 'vaccinia nigra of Virgil of the public revenue at Athens. An account of
1
DEMA'RCHI. These officers were the head were posted upon tablets of stone in different pla-
boroughs or chief magistrates of the demi in Attica, 1. (BOckh, vol. i., p. 212, transl.) 2. (Demosth., c. Eub.,
and are said to have been first appointed by Cleis- 1318.) 3. (Bockh, 1. c.) 4. (Nubes, yt. Jid. Mitchell, ad loc ,
thenes. Their duties were various and important. 5. (Wachsmuth, ii., part 1, p. 32.) 6. (Demosth., c. Macan,
pend., t. v.) 5. (iii., 77, 78.) 6. (Adams, Append., a. v.) 559. ScVol. ad loc.} 15. (Pollux, Oiiom., viii., 95.)
346
DEMUS. DEMUS.
ces, as was the case at Eleusis, with the catalogue to connect it with the Doric <5 foi ya. In thii
of the articles which accrued to the temple of De- meaning of a country district, inhabited and under
raeter and Persephone, from persons who had com- cultivation, (%of is contrasted with nokiq thus we :
1
mitted any offence against these deities. Many have dvdpuv dr/fiov re nokiv re 1 but the transition j
monuments of this kind were collected by Greek an- from a locality to its occupiers is easy and natural,
3
tiquarians, of which an account is given by Bo'ckh.
and hence, in the earlier Greek poets, we find dfjfiof
DE'MIUS (<%of). (Vid. BASANOS, p. 140.) applied to the outlying country population, who till-
DEMIU'RGI (tiyuovp-yoi).
These magistrates, ed the lands of the chieftains or inhabita: ts of the
whose title is expressive of their doing the service city so that df^iog and TroAmu came to be opposed
;
of the people, are by some grammarians stated to to each other, the former denoting the subject peas-
a
have been peculiar to Dorian states but, perhaps, ; antry (6f/fj.ov 0i/locJecr7rorov ) the latter, the nobles in
;
they seem to have been the chief executive magis- Of these terms, the former is certainly not appro-
tracy (oi diyuaypyol K<U rj 0ov^, K. T. X.*). We also priate and as a parish may include townships and
;
"
read of derr.iurgi in the Achaian league, who proba- hamlets, we prefer this word to township." In
4
bly ranked next to the strategt, and put questions the first place, we may remark that, whatever un-
to the vote in the general assembly of the confed- certainty there may be about the nature and origin
erates. 6
Officers named epidemiurgi, or upper dem- of the four tribes in that country as they existed
were sent by the Corinthians to manage the
iurgi, before the age of Cleisthenes, there is scarcely any
7
government of their colony at Potidaea. about the alterations he introduced with respect to
DEMONSTRA'TIO. (Vid. ACTIO, p. 19.) them. His object was to effect a revolution, by
DEMOPOIE'TUS (BOTTOM/TO?) was the name which the power of the aristocracy would be dimin-
given to a foreigner who was admitted to the rights ished ; for this purpose he broke up the four tribes
of citizenship at Athens by a decree of the people, of the old constitution, and substituted in their place
on account of services rendered to the state. Such ten local tribes (tyvhal To-xinai), each named from
citizens were, however, excluded from the phratriae, some Attic hero.* These were subdivided into ten
and could not hold the offices of either archon or demi or country parishes, possessing each its prin-
8
priest, but were registered in a phyle and deme. cipal
town and in some one of these demi were
;
(Vid. CIVITAS, GREEK, p. 259.) enrolled the Athenian citizens resident in Attica,
all
DEMOS'IOI (drjfioaLo:) were public slaves at Ath- with the exception, perhaps, of those who were na-
ens,who were purchased by the state. Some of tives of Athens itself.* These subdivisions corre-
hem filled subordinate places in the assembly and sponded in some degree to the vavupapiai of the old
courts of justice, and were also employed as her- tribes, and were, according to Herodotus, one hun-
alds, checking clerks, &e. They were usually call- dred in number ; but, as the Attic demi amounted
ed and, as we learn from Ulpian, 9 in the time of Strabo 6 to 174, doubts have been
dijfioaioi oiKeTai,
were taught at the expense of raised about this statement. Niebuhr has inferred
the, state to qualify
them for the discharge of such as have been
duC.'ea from it that the tribes of Cleisthenes did not origi-
10
mentioned. As these public slaves did not belong nally include the whole population of Attica, and
" that some of the additional 74
to any one individual, they appear to have possessed must have been
certain legal rights which private slaves hcil not. 11 cantons, which had previously been left in a state
Another class of public slaves foraaed the ciiy of depcndance by far the chief part, however, were
;
many Thracians and other barbarians. They ori- from a variety of cauoes, such as the growth of the
ginally lived in tents in the market-place, and after- population, the creation of new tribes, and l' e di-
ward upon the Areiopagus. Their officers had the vision of the larger into smaller parishes, to say
name of toxarchs (ro^apxoi). Their number was nothing of the improbability of the coexistence of
at first 300, purchased soon after the battle of Sala- two different orders of tribes. "Another fact, more
mis, but was afterward increased to 1200. * difficult to account
the transposition by which
1
for, is
DEMUS. The word <%o? originally indicated a demes of the same tribe were found at opposite ex-
district or tract of land, and is by some derived tremities of the country." 7 The names of the dif-
from 6eu, as if it signified an " enclosure marked off ferent deines were taken, some from the chief towns
from the waste," just as our word town comes, ac- in them, as Marathon, Eleusis, and Acharnae some ;
"
cording to Home Tooke, from the Saxon verb ty-
from the names of houses or clans, such as the Daed-
nan," to enclose
**
It seems, however, more simple alidae, Boutadae, &c. complete list of them is A
8
given in Wachsmuth. The largest of all was the
1 (Pollux, Onom., *, 97.) 2. (Publ. Econ. of Athens, vol. i., demus of
Acharnae, which in the time of the Pelo-
p. 265, &c. Compare ii., p. 127 and Meier, " De Bonis Dam-
natorum," p. 160, &c.) 3. (Dorians, ii., 145, transl.) 4. (Thu- ponnesian war was so extensive as to supply r
;
cyd., r., 47.) 5. (Wachsmuth, $ 79.) 6. (Liv., xxxii., 22; force of no less than three thousand heavy-Ejmet
xxxvu:., 30.) 7. (Thucyd., i., 56.) 8. (Demosth., c. Neser., p. men. 9
1370.; 9. (ad Demosth., Olynth., ii., p. 15.) 10. (Hemster. ad
Thucydides says of it, that it was the %upi(n
Pollux, Onom., ix., 13. Maussac. ad s. v. HEJIGTOV r^f 'Arn/c^f TUV dr/puv /crcAotyzsVwv.
Harpocrat., Arni6ato;.
Petit., Leg. Alt., p. 342.) 11. (Meier, Att. Process, p. 401, In explanation of their constitution and relatioi
560. 12. (Schneider ad Xen., to the state in general, we may observe, that the]
^schin.,c.Timarch., p. 79,85.)
Mem., iii., 6, $ 1. Plato, Protag., c. 27, p. 319, and Heindorff's
note. Aristoph., Ar.harn., 54, with the commentators.) 13. 1. (Hes.,Op.et D.,527,.) 2. (lies., Theog., 847.)- 3. (Wach-
(Pollux, Onom., viii., 131, 132. Photius, s. v. To^<5ra(.) 14. mutb Hellen. .
Alterth., I., i., p. SJ6.) 4. (Herod., v., 66,69.)
(JEsoh., irepl Uapa-pcaS., p. 335. Andoc., De Pac., p. 93. 5. (Thirlwall, Hist, of Greece, i:, p. 74.) 6. (ix., 396, c.) 7-
Bftckh. Publ. Econ. of Atlienr, i., p. 277. &c.> 15 (Arnold, 1. and app > , vol. ii.) 8. (ii., p. 1, app. i.)
(Thirlwall, c., fe.
347
DEMUS. DENARIUS.
their several magistrates, landed and other proper- to the Romanphrase adire hereditatem. These re-
with a common treasury. They had, likewise, isters were kept by the demarchs, who, with the
ty,
"
their respective convocations or parish meetings," approbation of the members of the demus assem-
convened by the demarchi, in which was transact- bled in general meeting, inserted or erased names
ed the public business of the demus, such as the according to circumstances. Thus, when a youth
of officers, the was proposed for enrolment, it was competent for
leasing of its estates, the elections
revision of the registers or lists of J^orat, and the any demote to object to his admission on the ground
admission of new members. Moreover, each de- of illegitimacy, or non-citizenship by the side of ei-
mus to have kept what was called a mvai;
appears
ther parent. The demotes decided on the validity
iKK^riaicffTiKOf, or list
of those dvporai who were of these objections under the sanction of an oath,
entitled to vote at the general assemblies of the and the question was determined by a majority of
whole people. In a financial point of view, they votes. 1 The same process was observed when a
" naucraries" of the four itizen changed his parish in consequence of adop-
supplanted the old tribes,
each demus being required to furnish to the state a tion." Sometimes, however, a demarch was bribed
certain quota of money and contingent of troops to place, or assist in placing, on the register of a
Independent of these bonds demus, persons who had no claim to citizenship.
1 8
whenever necessary.
of union, each demus seems to have had its pecu- To remedy this admission of spurious citizens (?ra-
liar temples and religious worship (SijfioTiKa lepa?), oi), the diaifrfjtpiffif was instituted. (Vid
the officiating priests in which were chosen by the DIAFSEPHISIS.)
d^orat
3
so that,
;
both in a civil and religious point Lastly, crowns and other honorary distinctions
of view, the demi appear as minor communities, ould be awarded by the demi in the same way as
whose magistrates, moreover, were obliged to sub- by the tribes. A decree of the demus of the Pei-
mit to a doKi/j.acia, in the same way as the public raeus is given in Bb'ckh,* by which certain privileges
officers of the whole state. But, besides the magis- were granted to Callidamas of Chollidae one of :
trates, such as demarchs and treasurers (ra/uat), these was the exemption from the payment of the
elected by each parish, we also read of judges, who v, if he should acquire property in that
were called <5//ca<mu Kara dr/povf the number of parish. The words are, Tsfalv de aiirbv TO. avra
:
these officers, originally thirty, was afterward in- ri"kri kv TIJJ dy/ty urrep uv Kal Hetpaieie, Kal faj cXe-
creased to forty, and it appears that they made cir- yeiv Trap avrov TOV dqfiapxov TO h/KrrjriKov. The
1
cuits through the different districts, to administer decree is taken from an inscription in Chandler.'
justice in all cases where the matter in dispute was (Vid. DEMARCHI.)
not more than ten drachmae in value, more impor- DENA'RIUS, the principal silver coin among the
tant questions being reserved for the diaiTrjrai.* Romans, was so called because it was originally
We will now treat of the SCOTCH., or members of equal to ten asses but on the reduction of the
;
each demus, their privileges, and relations to the weight of the as (vid. As), it was made equal to six-
body corporate, of which they formed a constituent teen asses, except in military pay, in which it was
part. Weare told by Aristotle 8 that, on the first still reckoned as equal to ten asses.
6
The denarius
institution of the demi, Cleisthenes increased the was first coined five years before the first Punic
strength of the t%of or commonalty by making war, B.C. 269. (Vid. ARGENTUM.) There were
many new citizens, among whom are said to have originally 84 denarii to a pound, but subsequently
7
been included not only strangers and resident for- 96. At what time this reduction was made in the
eigners, but also slaves. His words are, Ho/Motif weight of the denarius is uncertain, as it is not
ferot'f KOI ( dovTiovg ) fieroiKovf.
t<t>v2.erevffe
We
mentioned in history. Some have conjectured that
it was completed in Nero's time and Mr. Hussey*
strongly suspect, however, that dovAonf is an inter- ;
could enter upon his full rights and privileges as an portion of the value of gold to silver is 7-8 to 1 ,
Attic citizen and though, in the first instance, ev- which is incredibly low while the value on the
; ;
ery one was enrolled in the register of the demus other supposition, 89 to 1, is more probable. (Com-
in which his property and residence lay, this rela- pare AROENTUM, sub fin.)
tion did not continue to hold with all the dijfiorai ;
for, since a son was registered in the demus of his
real or adoptive father, and the former might change
his residence, it would often happen that the mem-
Pence.
Terunciua ....
Sembella
Libella
Sestertius ....
Quinarius or Victoriatus
Denarius
It has been frequently stated that the denarius is
of the money, it becomes a loan from the time when toli, the others from coins. In all these the rid
1
war were usually punished with death. The trans- the use both of the whip and the rein. On the
fuga, or deserters to the enemy, when taken, were coins we also observe the wreath and palm-branch
sometimes deprived of their hands or feet, 3 but gen- as ensigns of victory.
erally were put to death.* DETEST A'TIO SACRO'RUM. (Vid. SACRA.)
DESIGNATOR. (Vid. FUNUS.) DEVERSO'RIUM. (Vid. CAUPONA.)
DESMOTE'RION (cte^&m/ptov). (Vid. CAKCER.) DEUNX. (Vid. As, p. 110.)
DESPOSIONAU'TAI (deairoaiovavTtu). (Vid. DEXTANS. (Vid. As, p. 110.)
CIVITAS, GREEK.) DIADE'MA (diddrjpa), a white fillet used to eft-
DESULTOR (u/^tTTTTOf, avaftdrw, fiTa6ur\if), a circle the head (fascia alba9 ).
rider. Although riding on horseback is never men- The invention of this ornament is by Pliny* at-
" Diodorus Siculus adds, 4
tioned among the martial exercises of the early tributed to Liber Pater."
Greeks, it was often practised by them as a swift that he wore it to assuage headache, the conse-
and easy method of conveyance from place to place ;
quence of indulging in wine. Accordingly, in works
and that they had attained to great skill in horse- of ancient art, Bacchus wears a plain bandage on
8
manship is manifest from a passage in the Iliad, his head, as shown in the woodcut at p. 208.
describing a man who keeps four horses abreast at Whether we reject or admit the conjecture of
full gallop, and leaps from one to another, aniid a Diodorus, we may safely consider the diadem, even
crowd of admiring spectators. The Roman desul- in its simplest form, as a decoration which was
tor generally rode only two horses at the same time, properly Oriental. It is commonly represented on
5
sitting on them without a saddle, and vaulting upon the heads of Eastern monarchs. Justin relates
either of them at his pleasure. 6 He wore a hat or that Alexander the Great adopted the large diadem
cap made of felt. The taste for these exercises was of the kings of Persia, the ends of which fell upon
carried to so great an extent, that young men of the the shoulders, and that this mark of royalty was
6
highest rank not only drove bigae and quadrigae in preserved by his successors. Antony assumed it
the circus, but exhibited these feats of horseman- in his luxurious intercourse with Cleopatra in
T 8
ship Besides performing publicly for the amuse- Egypt.
7
jElian says that the kings of that coun-
ment of the spectators, the Roman riders were em- try had the figure of an asp upon their diadems.
ployed to convey messages with the greatest pos- In process of time, the sculptors placed the dia-
sible despatch, relieving either horse, fatigued, when dema on the head of Jupiter, and various other di-
8
by vaulting upon the other. Among other nations, vinities besides Bacchus (see examples at p. 245.
this species of equestrian dexterity was applied to assumed by the
292), and it was also gradually
the purposes of war. Livy mentions a troop of It was tied bo-
sovereigns of the Western world.
horse in the Numidian army, in which each soldier 9
hind in a bow whence Tacitus speaks of the Eu-
;
was supplied with a couple of horses, and in the " white with foam, so as to
phrates rising in waves
heat of battle, and when clad in armour, would leap resemble a diadem." By the addition of gold and
with the greatest ease and celerity from that which 10
and of pearls from the Erythrean Sea," and
gems,
was wearied or disabled upon the back of the horse by a continual increase in richness, size,
and splen-
9
which was still sound and fresh. The Scythians, dour, this bandage was at length converted into the
crown which has been for many centuries the badge
i. (Dig-. 16, tit. 3. Cic., Off., i., 10. Juv., Sat., xiii., 60.
Dirksen, Uibersicht, &c., p. 597.) 2. (Dig. 49, tit. 16, a. 3.)
3. (Liv., xrvi., 12.) 4. (Lipsius, De
Milit. Rom,, iv., 4.) 5.
6. (Isidor., Orig., xviii., 39.) 7. (Suet., Jul.,
(xv., 679-6S4.)
39. Compare the articl* CIKCUS, p. 256.) 8. (Hygin., Fab.,
denotes the proceedings in a contest for prefer- the first person who had studied this subject, and
ence between two or more rival parties " ancients had written
as, for says the ; nothing on it worth
instance, in the case of several claiming to succeed mentioning."* Among the works commonly ascri-
as heirs or legatees to the estate of a deceased per- bed to Hippocrates, there are four that bear upon
son. Upon an occasion of this kind, it will be ob- this subject, viz. 1. Hcpl AiatTTjf 'Y-yieivJjf, De Sa- :
served that, as all claimants are similarly situated lubri Victus Ratione ; 2. Tiept AtaiTrjc., De Victus
with respect to the subject of dispute, the ordinary Ratione, in three books 3. tlepl Aiairnf 'O&uv, De ;
classification of the litigants as plaintiffs and de- Ratione Victus in Morbis Acutis ; and, 4. TLepl Tp;>-
fendants becomes no longer applicable. This, in fact, (jrijc., De Alimento. Of these the third only is con-
is the essential distinction between the proceedings sidered to be undoubtedly genuine but the first ;
in question and all other suits in which the parties was probebly written by his son-in-law Polybus ;
appear as immediately opposed to each other ; but, the second, though evidently not all composed by
as far as forms are concerned, we are not told that the same author, is supposed to be as old as Hippoc-
they were peculiarly characterized. Besides the rates and the fourth, if not the work of Hippoc- ;
case above mentioned, there are several others to rates himself, is nevertheless very ancient. 4 There
be classed with it in respect of the object of pro- is also a good deal of matter on this subject in his
ceedings being an absolute acquisition of property. other works, as regimen and diet was the first, the
Among these are to be reckoned the claims of pri- chief, and often the only remedy that he employed.
vate creditors upon a confiscated estate, and the Besides these treatises by Hippocrates and his con-
contests between informers claiming rewards pro- temporaries, on the first, third, and fourth of which
posed by the state for the discovery of crimes, &c., Galen has left a commentary, the following works
as upon the occasion of the mutilation of the Her- on the subject by later authors are still extant :
mae 3 and the like. The other class of causes in- Galen, Hepl Tpotyuv Avvdueuc., De Alimentorum Fa-
cluded under the general term consists of cases like cultatibus ; Id., Ilepi Ev^tywaf not KaKo^vfuag Tpo-
the antidosis of the trierarchs (vid. ANTIDOSIS), con- <t>uv, De Probis et Pravis Alimentorum Succis ; Id.,
tests as to who was to be held responsible to the Hepi rjjf nara TOV 'linroKpdTqv ^lacTTjg em TUV '0-
state for public property alleged to have been trans- iuv Noaijpdruv, De Victus Ratione in Morbis Acutis
ferred on one hand and denied on the other,* and ex Hippocratis Sententia ; Michael Psellus, Hepi At-
questions as to who should undertake a choregia, aiTTif, De Victus Ratione; Theodorus Priscianus,
and many others, in which exemptions from person- Di<eta, sive de Salutaribus Rebus ; Constantinus
al or pecuniary liabilities to the state were the sub- Afer, De Victus Ratione Variorum Morborum. To
ject of claim by rival parties. In a diadicasia, as these may be added the famous Regimen Sanitatis
in an ordinary Sinn., the proper court, the presiding Salernitanum ; a treatise by Isaac (Iskak Ben So-
magistrate, and the expenses of the trial, mainly leiman), De Dicetis Universalibus el Particularibus ,
depended upon the peculiar object of the proceed- another corruptly entitled Tacuini Sanitalis Ellu-
ings, and present no leading characteristics for dis- chasem Elimithar de Sex Rebus non Naturalibus;
4
cussion under the general term. and another by the celebrated Maimonides (Moshtk
DIAD'OSEIS (6ta66aeis). (Vid. DIANOMAI.) Ben Maimori), De Regimine Sanitatis : besides sev-
DLETA. (Vid. HOUSE.) eral chapters in the works of Haly Abbas, Avicen-
DLETE'TICA or DLETE'TICE (diaiTqTiKT/), na, and Mesue. It would be out of place here to
one of the three principal branches into which the attempt anything like a complete account of .he
ancients divided the art and science of medicine. opinions of the ancients on this point those who ;
(Vid MEDICINA.) The word is derived from diaira, wish for more detailed information must be referred
which meant much the same as our word diet. It to the different works on medical antiquities, while
6
is defined by Celsus to signify that part of medi- in this article mention is made of only such partic-
cine qua. victu medetur, " which cures diseases by ulars as may be supposed to have some interest for
means of regimen and diet ;" and a similar expla- the general reader.
nation is given by Plato. 7 Taken strictly in this In the works above enumerated, almost all the
sense, it would correspond very nearly with the articles of food used by the ancients are mentioned,
modern dietetics, and this is the meaning which (as and their real or supposed properties discussed,
far as the writer is aware) it always bears in the sometimes quite as fancifully as by Burton in his
earlier medical writers, and that which will be ad- Anatomy of Melancholy. In some respects they ap-
hered to in the present article in some of the later pear to have been much less delicate in their tastes
;
authors it seems to comprehend Celsus's second than the moderns, as we find the flesh of the fox,
grand division, <j>apfia.KEVTiKij, and is used by Scri- the dog, the horse, and the ass spoken of as com-
bonius Largus 8 simply in opposition to chirurgia, so mon articles of food. 6 With regard to the quantity
as to answer exactly to the province of our physi- of wine drunk by the ancients, we may arrive at
r.ian.
something like certainty from the fact that Caelius
1. (Plin., II. N., xxxiv., 8. ) 2. (Xen., De Rep. Lac., xi., 2.
>-Thucyd., v., 54, 55, 116. Wachsmuth, II., i., p. 391.) 3. 1. (II., xi., 507.) 2. (Ibid., 638.) 3. (Sec Plato, De Republ .
Andoc., 14.) 4. (as in Dem., c. Everg. etMnes.) 5. (Plainer, iii.,p. 405, 406. Max. Tyr., Serm., 29. Athenaeus, i., $ 17, p
Process und Klagen, ii., p. 17, s. 9.) 6. (De Medic., Prafat. in 10.) 4. (De Rat. Viet, in Morb. Acut., torn, ii., p. 26, ed. Kuhn.)
lib. i.) 7. ap. Diog. Laert., iii., 1, & 8A) 8. (De Compos. 5. (Vid. Fabric., Bibl. Gr., vol. ii., ed. Ifarles.) 6. (Pseudo
Medicani.. <t tOO >
Hippocr., De Viet. Rat , lib. ii torn, i., p. 679, 680.)
351
DI^ETETTOA. DIAITETAI.
Aureliaiua mentions it as something extraordinary so that it might truly be said, in the strong l
mat the famous Asclepiades, at Rome, in the sev- of Seneca, 1 " Voniunt, ut edant ; edunt, ut
enth century A.U.C., sometimes ordered his patients mant."* By some the practice was thought so ef-
to double and treble the quantity of wine, till at last fectual for strengthening the constitution, that i!
they drank half wim and half water, from which it was the constant regimen of all the athletae, or pro
1
appears that wine was commonly diluted with five fessed wrestlers, trained for the public shows, in
or six times its quantity of water. Hippocrates order to make them more robust. Celsus, howev-
3
recommends wine to be mixed with an equal quan- er, warns his readers against the loo frequent use
According to Hippocrates, the proportions in which (K^ripuroi), the other private, and chosen (alperoi)
wine and water should be mixed together vary ac- by the parties who referred to them the decision of
cording to the season of the year for instance, in a disputed point, instead of trying it before a court
;
summer the wine should be most diluted, and in of justice the judgments of both, according to
;
winter the least so." Exercise of various sorts, Aristotle, being founded on equity rather than law
and bathing, are also much insisted upon by the (6 yap diaiTrjTTjf TO inieiKSf 6pu, 6 6e SiKaaTTjr rbv vo-
writers on diet and regimen but for farther partic- pov*).
; We
shall, in the first place, treat of the 6iai-
ulars on these subjects, the articles BATHS and GYM- Tr]Tal K^rjpuToi, following, as closely as possible, the
NASIUM must be consulted. It may, however, be order and statements of Hudtwalcker in his treatise
" Ueber die
added, that the bath could not have been very com- o/entlichen und Privat-Schiedsnchter Dia-
mon, at least in private families, in the time of Hip- teten in Athen, und den Process vor denselben."
7 "
pocrates, as he says that there are few houses in
6
According to Suidas, the public diaiTijrai were
which the necessary conveniences are to be found." required to be not less than 50 years of age ac- ;
Another very favourite practice with the ancients, cording to Pollux 7 and Hesychius, not less than 60
both as a preventive of sickness and as a remedy, With respect to their number there is some difficu}
was the taking of an emetic from time to time. ty, in consequence of a statement of Ulpian, 8 ac-
The author of the treatise De Victus Ratione, false- cording to which it was 440, i. e., 44 for each tribe
ly attributed tc Hippocrates, recommends it two or (-fjaav 6s reoaapef KO! reaaapuKovra, naff iKaorriv
three times a month. 8 Celsus considers it more <j>v7(-^v). This number, however, appears so unne-
beneficial in the winter than in the summer, 9 and cessarily large, more especially when it is consid
says that those who take an emetic twice a month ered that the Attic orators frequently speak of only
had better do so on two successive days than once one arbitrator in each case, that some writers have,
a fortnight. 10 At the time in which Celsus wrote, with good reason, supposed the reading should be,
this practice was so commonly abused, that Ascle- f/aav de TeacapaKovra, riaaape^ K. i. $. At any rate,
Wiades, in his work De Sanitate Tuenda, rejected litigious as the Athenians were, it seems that 40
"
the use of emetics altogether Offensus," says must have been enough for all purposes.
:
11 "
Cclsvis, eorum consuetudine, qui quotidie ejicien- The words naff knaarriv Qvhijv imply that each
13
do vorandi facultatem moliuntur." It was the cus- tribe had its own arbitrator an inference which is;
tom among the Romans to take an emetic imme- supported by Demosthenes, 9 where he speaks of the
diately before their meals, in order to prepare them- arbitrators of the CEneid and Erectheid tribes as ;
selves to eat more plentifully and again soon after, well as by Lysias, 10 who, in the words irpoaK Arjadfi?-
;
so as to avoid any injury from repletion. Cicero, vog avrbv Trpof roif rfj '\Tnro6ouvTi6i SIKU^OVTO.?, is
in his account of the day that Caesar spent with thought to allude to the diaiTnrai. of the Hippothoon-
13 "
him at his house in the country, says, Accubuit, tid tribe. With regard to the election of these offi-
E(in.K.r]v agebat, itaque et edit et bibit udeuf et ju- cers, it is doubtful whether they were chosen by the
cunde ;" and this seems to have been considered a members of the tribe for which they adjudicated, or
sort of compliment paid by Caesar to his host, as it in a general assembly of the people. Hudtwalcker
intimated a resolution to pass the day cheerfully, inclines to the latter supposition, as being more
and to eat and drink freely with him. He is repre- probable we do not think so for it seems just as
; ;
sented as having done the same thing when he was likely, if not more so, that the four arbitrators of
entertained by King Deiotarus. 1 * The glutton Vi- each tribe were chosen in an assembly of the tribe
tellius is said to have preserved his own life by con- itself. Again, whether they were appointed for life,
itant emetics, while he destroyed all his compan- or only for a definite period, is not expressly men
ions who did not use the same precaution, 14 so that tioned by the orators but as none of the Athenian
;
one of them, who was prevented by illness from magistrates, with the exception of the Areiopagites,
dining with him for a few days, said, "I should remained permanently in office, and Demosthenes
11
certainly have been dead if I had not fallen sick." speaks of the last day of the llth month of the
Even women, after bathing before supper, used to year as being the last day of the diairriTal (rj TSASV-
drink wine and throw it up again, to sharpen their raid Tifj-epa ruv diaiTqruv), it seems almost certain
appetite that they were elected for a year only. The only
" sextarius objection to this conclusion arises from a statement
iFalerni] alter
[hicitur ante cibum, rabidam facturus orexim:" 1 * in a fragment of Isaeus, 18 where an arbitrator is
spoken of as being engaged on a suit for two years
L (De Morh. Chron., lib. iii., c. 7, p. 386.) 2. (Hist, de la (6vo irrj TOV diairijTOv rrjv diKTjv e^ovrof ) :
if, howev-
Md.) (Pseudo-IIippocr., De Viet. Rat., lib. iii., in fin.)
3. I. we admit the conjectural reading TUV
er,
(i!., 10.) (Gen., xliii., 34.
5. Cant., v., 1 ; and perhaps Gen.,
6. (Compare Celsus, De Medic., i., 3, p. 2. (Compare Seneca, De Provid.,
ir., 91.) 31, ed. Ar- 1. (Cons, ad Helv., 9 -10.)
gent.) 7. (De Rat. Viet, in Morb. Acut., p. 62.) 8. (lib. iii. 4, I) 11. Id., Epist., 95, I) 21.) 3. (1. c.,p. 28.)^4. (See Mid-
p. 710.) 9. (De Medic., i., 3, p. 28.) 10 (Ibid., p. 29.) 11. eton's Life of Cicero. Casaubon ad Suet., 1. c.)- 5. (Rhet .
(Ibii., p. 27.) 12. (See also Plin., H. N., xxvi., 8.) 13. (ad i., 13.) 6. (s. v.) 7. (viii., 126.) 8. (Demosth., c. Meid ., 541
Att., xiii., 52.) 14. (Cic., Pro Deiot., c. 7.) 15. (Suet., Vitell., 15 ) 9. .'c. Euerg. , 1142, 25.) 10. (c. Panel., 731.) 11. (c. Meid.i
* 13. Dion Cass., kv., 2.) 16. (Juv., Sat., vi., 427, 428.) 542, 15.; 12. p 361, ed. Reiske.)
352
DIAJ1ETAI. DIAJTETAI.
the meaning would be in accordance with what we they received a previous notice. The puni&htnent,
infer from other authorities, and would only imply in case of condemnation, was unpin, or the loss of
1
Ihat the same cause came before the arbitrators of civic rights. Harpocration, however, informs us
two different years, a case which might not unfre- that the tiaayy&ia against the arbitiators was
quently happen if, on the contrary,
;
the reading of brought before the dicasts or judges of the regular
the text is correct, we must suppose that it was courts but this probably happened only on appeal,
;
this circumstance we should infer that no oath was time which was ancient with reference to the age
exacted from them before they entered upon office : of the Athenian orators, and therefore that this pre-
Hudtwalcker is of the contrary opinion, and sug- vious investigation was no longer requisite in the
gests that the purport of their oath of office (amt- days of Demosthenes and his contemporaries. Still
seid) was the same as that of the Heliastic oath we find the diaetetae mentioned by them in very
2
given by Demosthenes. many cases of civil actions, and it is not unlikely
The 6iaiT7jTai of the different tribes appear to that the magistrates, whose duty it was to bring ac-
have sat in different places as temples, halls, and
;
tions into court (eiadyeiv), encouraged the process
courts of justice, if not wanted for other purposes. before the arbitrators, as a means of saving the
Those of the CEneid and the Erectheid tribes met state the payment which would otherwise have
in the heliaea; 3 we read of others holding a court in been due to the dicasts. 5 Hudtwalcker is accord-
the delphinium,* and also in the oroi Trot/aA;?.* ingly of opinion that the diaetetae were competent to
Again we are told of slaves being examined by the act in all cases of civil action for restitution or com-
dtaiTTjTai, sitting for that purpose, under the appel- pensation, but not of penal or criminal indictments
lation of fiaaavicrrai (md. BASANOS), in the hephais- (ypafyai) and, moreover, that it rested with the com-
;
teium, or Temple of Hephaistos. Moreover, we are plainant whether his cause was brought before them
6
toid of private arbitrators meeting in the Temple of in the first instance, or sent at once to a highei
Athena on the Acropolis ; and, if the amended court of judicature. 4
reading of Pollux is correct, we are informed by
7
But, besides hearing cases of this sort, the dianif
him, in general tenns, that the arbitrators formerly rai sat as commissioners of inquiry on matters ot
held their courts in the temples (AiyTuv EV lepolf fact which could not be conveniently examined in a
iraAcc)-
8
Harpocration also contrasts the dicasts court of justice, 5 just as what is called an "issue"
with the arbitrators, observing that the former had is sometimes directed by our own Court of Chan-
regularly appointed courts of justice (anodstieiy- cery to an inferior court, for the purpose of trying a
(leva.) i question of fact, to be determined by a jury. Either
Another point of difference was the mode of pay- party in a suit could demand or challenge (npona-
ment, inasmuch as the dicasts received an allow- Titiadai) an inquiry of this sort before an arbitra-
ance from the state, whereas the only remuneration tor, the challenge being called Trpo/c/l^crjf a term :
of the diairrjrai was a drachma deposited as a irap- which was also applied to the " articles of agree-
aaraai^ by the complainant on the commencement ment" by which the extent and object of the inqui-
6
of the suit, the same sum being also paid for the av- ry were defined. Many instances of these npo-
Tuy.oaia, and every virupoaia sworn during the pro- Kfa'/aeif are found in the orators ; one of the most
frequent is the demand or offer to examine by tor
10
ceedings.
The Kapuoraaif of which we have been speaking ture a slave supposed to be cognizant of a matter in
is the same as the dpaxju] TOV /ieinojiaprvpiov men- dispute, the damage which might result to the own-
tioned by Demosthenes. 11 The defendant in this er of the slave being guarantied by the party who
case had failed to give evidence as he ought to demanded the examination. 7 See also Demosthe-
nes, who observes that the testimony of a slave,
8
have done, and therefore the plaintiff commenced
proceedings against him for this arbitrary neglect elicited by torture, was thought of more valut by
before the arbitrators in the principal suit, the first the Athenians than the evidence of freemen. (Vid.
step of which was the payment of the napdaraaif . BASANOS.) Another instance, somewhat similar to
The public arbitrators were virevdvvoi, i. e., every the last, was
the TrpoidiTjoif ctf paprvpiav, 9 where a
one who had, or fancied he had, a cause of com- party proposed to his opponent that the decision of
plaint against them for their decisions, might pro- a disputed point should be determined by the evi-
ceed against them by eiaayyehia, or information dence of a third party. 10 Sometimes, also, we read
laid before the senate. For this purpose, says Ul- of a irpoKtyaif, by which a party was challenged to
pian, whose statement is confirmed by Demosthe- allow the examination of documents, as wills,"
Ia
nes * in the case of Straton, the public diaetetae were,
1
deeds, bankers' books, &c.
towards the close of their year of office, and during It is manifest that the forms and
objects of a
the latter days of the month Thargelion, required to TTpoK^Tjaif would vary according to the matter in
present themselves in some fixed place, probably dispute, and the evidence which was producible;
near the senate-house, that they might be ready to we shall therefore content ourselves with adding
answer any charge brought against them, of which that the term was also used when a party chal-
lenged his adversary to make hia allegation under
1. (Isaens, De Diczogr. Hered.,p. 54. Demosth., c. Callip., p.
1944.) 2. (c. Timocr., 747.) 3. (Demosth., c. Euerg., 1142, 1. (s. v.) 2. (viii., 126.) 3. (B5ckh, vol. i., p. 317, trantU
.) 4. (Id., c Bceot., ii., 1011.) 5. (Id., c. Steph., i., 1106.) 4. (Demosth., Androt., 601, 18.) 5. (Demosth., c. Steih.,
c.
6. (Isocr., Tpuiret.,361, 21, ed. Bekker.) 7. (Onom., viii., 126.) 1106.) 6. (Deinosth., c. Neeer., 1387.) 7. ^Harpocr., 8. v
8. (s. v.) 9. (Pollux, Onom., viii., 39.) 10. (Pollux, viii., 39 ITp4icAi7<7i5.) 8. (Onetor, i, 874.) 9. (Pollux, viii., 62.) 10
niid 127. Ilarpocr., 8. v. Compare BSckh, vol. ii., p. 207, (Antiphon., de Choreut., p 144, ed. Bekker.) II. (Deinosth., i
waiisl.) 11. (c. Timoth., 1190.) 12. (c. Meid.) Steph., 1104. 12. (Id., c Timoth., 1197, I )
Y v
DIAITETAI. DIAITETAI.
the sanction of an oath, or offered to Make his own countersigned by the proper authorities, perhaps by
statements under the same obligation. 1 the ctcraywyeif, and thereby acquired its validity.
The presumption or prepossession which might The archons, mentioned by Demosthenes 1 as hav-
arise from a voluntary oath in the last case, might ing signed a judgment, were probably thesmothetse,
be met by a similar irpoKhriais, tendered by the op- as the action was a SLKTI KaKtjjcpia^, which is, more-
posite party, to which the original challenger ap- over, called an d-n/ziyrof dsKa pvuv 6iKi>i, an *'
pears to have had the option of consenting or not, action where the plaintiff was not required to as-
as he might think proper.* In all cases where any sess the damages (cestimare litem), the penalty, ia
of these investigations or depositions were made be- case of a verdict for him, being determined by law :
fore the diaetetae, we may conclude with Hudt- this alone is sufficient to prove that the diaetetas
walcker,* that they might be called as witnesses in sometimes decided in cases where the plaintiff sued
subsequent stages of the action, either to state the for damages, as distinguished from those in which
evidence they had taken, or to produce the docu- he sought restitution of rights or property nor, in- ;
ments they had examined, and which were depos- deed, does there seem any reason for supposing
itedby them in an echinus. (Vid. APPELLATIO, that their jurisdiction was not extended to the ayu-
i, or actions where the plaintiff was
GREEK.) ro-
We will now speak of the proceedings in the quired to assess or lay his damages, provided the
trials before the public arbitrators these were of
;
assessment did not exceed some fixed amount. In
two sorts 1st. When two parties agreed by a regu-
:
support of this opinion we may adduce the authority
lar contract to refer a matter in dispute to a judge of Pollux,* who expressly states that the plaintiff
or judges selected from them. 2dly. When a cause might assess his damages before the arbitrators,
was brought before a public arbitrator, without any when the law did not do so for him (kveypatyev kv
such previous compromise, and in the regular course ru -ypafiuareiu TO ZyKfa/fia /cat TO TffOffta).
of law. The chief difference seems to have been If the defendant were not present on the proper
that, in case of a reference by contract between two day to make his last defence, judgment went against
parties, the award was final, and no appeal could him by default the arbitrator being
(epft/uqv w^/le),
be brought before another court, though the unsuc- obliged wait till the evening (6i/e rjpepaf 3 ).
to
cessful party might, in some instances, move for a Sometimes, however, the time of pronouncing sen-
new trial (TJJV [irj ovaav avrihaxelv*). Except in this tence was deferred in consequence of a deposition
point of non-appeal, an arbitrator who was selected (virufioaia*) alleging a satisfactory cause for post-
from the public diaiTrjTai by litigant parties, seems ponement, such as sickness, absence from town,
to have been subject to the same liabilities, and to military service, or other reasons. To substantiate
have stood in the same relation to those parties as these, the applicant, when possible, appeared per-
an arbitrator appointed by lot the course of pro-
:
sonally but if a party was prevented from appear-
;
ceeding also appears to have been the same before ing on the day of trial by any unexpected event,
both,
8
an account of which is given below. It the vKufioaia might be made on oath by authorized
must, however, be first stated, that there are strong friends .* The vTrufioaia might be met by a counter
reasons in support of Hudtwalcker's opinion, that statement (uvdvTrufioaia) from the opposite party,
whenever a suiter wished to bring an action before affirming his belief that the reasons alleged wer
one or more of the public diaetetae, he applied to one fictitious or colourable. In connexion with this
of the officers called Eiaayuyetf,* whose duty
many point, we may observe that, according to Pollux,*
it wasto bring the cause (dadyeiv) into a proper the motion for a new trial could only be sustained
court. By some such officer, at any rate, a requi- in cases where the applicant had made a virupooia,
site number of arbitrators was allotted to the com- and demurred either personally or by proxy against
plainant, care being taken that they were of the the passing of judgment on the regular day. More-
same tribe as the defendant. 7 Pollux8 informs us over, it was incumbent on the party who wished
that if a 6iaiTr)Tfa refused to hear a cause, he might for a new trial to move for it within ten days after
be punished with urifiia but it appears that under
:
judgment had been pronounced, and even then he
extraordinary circumstances, and after hearing the was obliged to take a kind of vxupoaia, to the effect
case, a diaetetes sometimes refused to decide him- that his absence on the proper day was involuntary
self, and referred the parties to a court of justice (6[i6aa<; /IT} KUV inhiiTelv TTJV diaiTav 7 ). In default
(OVK uTreyvu TTJ<: dinijf ciA/l' tyrjuev rjfiag eig TO
,
of compliance with these conditions, the previous
sentence was confirmed. 8 We
are told also by
We may now state the process before the public 9
Photius, that it was competent for plaintiff as well
diaetetae. After complaint made, and payment of as defendant to move for a new trial on the grounds
the irapdoTaoic, the plaintiff supported his averment we have mentioned. When it was granted, the
by an oath, to the effect that his accusation was former verdict was set aside (?) epS/pri eAvero), and
true, which the defendant met by a like oath as to the parties went again before an arbitrator, probably
the matter of his defence. When the oath (U.VTU- through the instrumentality of the slaayuytl^ to
uooia) had been thus taken by the parties, the arbi- whom application had been made in the first in-
trators entered upon the
inquiry, heard witnesses, stance. The process itself is called dim/b^tf in
examined documents, and held as many conferences Greek, and does not seem to have been confined tr
(ffvvodoi) with the parties as might be necessary for trials before the diairijTai the corresponding term
:
the settlement of the question. 10 The day of pro- in Roman law is restauratio eremodicii.
This, however, was not the only means of setting
11
nouncing judgment (57 anoQaais rijg SiKrjf ) was
probably fixed by law, if we may judge from the aside a judgment, inasmuch as it might also be ef-
name (# xvpla soil, r/pepa) by which it is called in fected by an l^eatf, or appeal to the higher courts
the orators ; it might, however, with consent of (vid. APPELLATIO, GREEK), and if false
evidence had
10
both parties, be postponed. The verdict given was been tendered, by a MKTI KaxoTexviuv. For an ac-
count of the proceedings consequent upon non-com-
1. (Demosth., c. Apat., 896. c. Con., 1269, 19.) 2. (Demosth.,
Timoth., 1203.--Compare Arist., Rhet., i., 16.) 3. (p. 48.) 4.
(Demosth., c. Me .d., 541.) 5. (Demosth., c. Meid., 541.) 6. Meid., 542.) 2. (viii., 127.) 3. (Demosth., c. Meid.
:
1. (c.
(Demosth., c. Lacrit., 940, 5. Id., c. Pantaen., 976, 10. Pollux, 541. Timoth., 1190.) 4. (Pollux, viii., 60. Harpocr.,
Id., c.
Oiiom., viri., 93.) 7. (Harpocr., s. v. Aiair^ra/.) 8. (Onom.. v.) (Demosth., c. Olymp., 1174, 4. Pollux, Onom., viii.
5.
iii., 126.) 9. (Demosth., c. Phorm., 913. Wachsmuth, ii., 6. (viii., 60.) 7. (Pollux, Onom., viii., 60.) 8. (Deuuwti-,
f> 56.)
100.) 10. (See authorities, Hudt., p. 80.) 11. (Demosth., c. c. Meid., 542.) 9. (Lex., s. v. M>) oiW toi?.) 10. (HaipoOT
uerg., 1153.) i. v. Demosth., c. Timoth., 1201, 5 )
364
DIAMARTYRIA. DIAPSEPH1SIS.
thus Isaeus 1 speaks of arbitrators offering either to ed on the occasion at the altar of Artemis, by
bring about a reconciliation if they could, without persons appointed for the purpose, until their blood
taking an oath, or to make an award (unoQaiveaQai)
Bushed forth and covered the altar. The scourging
upon oath. Sometimes, on the other hand, they itselfwas preceded by a preparation, by which those
were purely referees, and then their powers de- who intended to undergo the diamastigosis tried to
pended upon the terms of the agreement of refer- harden themselves against its pains. Pausanias
ence if these powers were limited, the arbitration
;
describes the origin of the worship of Artemis Or-
was a diaiTa em py-oif.* The agreement was not thia, and of the diamastigosis, in the following
merely a verbal contract (stipulatio), but drawn up manner A wooden statue of Artemis, which Ores-
:
If there were no limitations, these diair^rai were which several individuals were killed at the altar
then, so to speak, arbitrators proper, according to of Artemis, who now demanded atonement for the
the definition of Festus s " Arbiter dicitur judex,
:
pollution of her sanctuary. From henceforth hu-
quod totius rei habcat arbitrium et potestatem." More- man victims were selected by lot and offered to
over, no appeal could be brought against their judg- Artemis, until Lycurgus introduced the scourging
ment 6 though we read of an instance of a party
;
of young men at her altar as a substitute for human
having persuaded his opponent to leave a matter to sacrifices.
the arbitration of three persons and afterward, ;
The diamastigosis, according to this account,
when he found they were likely to decide against was a substitute for human sacrifice, and Lycurgus
himself, going before one of the public arbitrators made it also serve his purpose of education, in 80
('E7r2 rbv Khr/puTov diaiTijTrjv eWuv ).
1
should, We far as he made it a part of the system of hardening
however, suppose that in this case there was no the Spartan youths against bodily sufferings.* Ac-
written awdrjuri. The award was frequently given cording to another far less probable account, the
under the sanction of an oath, and had the same diamastigosis originated in a circumstance, record-
force as the judgment which proeeeded from a ed by Plutarch, 6 which happened before the battle
court of law, so that it might be followed by a &'/cj? of Plataeae.
tfrvtyc ." We
may add, that these private diairrjTai The worship of Artemis Orthia was unquestion-
are spoken of as sitting ev TU iepu, fa T& 'H^aicre'it,), ably very ancient, and the diamastigosis only a step
and that in some cases it was customary to give from barbarism towards civilization. Many anec-
notice of their appointment to the proper archon or dotes are related of the courage and intrepidity
magistrate (cnro^spfiv Trpof rijv ap%f/v), who, as Hudt- with which young Spartans bore the lashes of the
walcker suggests, may have acted as an tiaayuyeiig scourge ; some even died without uttering a mur-
in the case. 9 mur at their sufferings, for to die under the strokes
DIAMARTYRTA (diafiapTvpia) was a solemn was considered as honourable a death as that on
protest against the proceedings at the anacrisis, in the field of battle. 7
nearly all causes, whether public or private. It DIAN'OMAI or DIA'DOSEIS (diavopai or dtado-
purported that the action pending could or could cretf ) were public donations to the Athenian people,
not be brought into court, and operated as a hin- which corresponded to the Roman congiaria. < Vid.
derance to its farther progress until this question was CONGIARIUM.) To these belong the free disv ibu-
decided. The protest was, like all the other pro- tions of corn, 8 the cleruchiae (vid. CLERUCHI), the
ceedings at an anacrisis, put in in writing, together revenues from the mines, and the money of the
with the evidence requisite theorica. (Vid. THEORICON.)'
for its corroboration,
and the question raised by it was decided by the DIA'PHANE EIMATA (6ia$avrj elfiara) were
tribunal that had cognizance of the original cause. garments similar to the celebrated Cocc vestes of
The only peculiarity in the conduct of the trial the Romans but as they are mentioned in Aris- ;
seems to have been, that the party against whom tophanes and the earlier Greek writers (6ia<j>avij
the protest was made was the first to address the XiTuvia, 10 i[j.u.Tia 6ia<f>aivovTa 11 ), they were probably
court. According to Harpocration, the plaintiff made of muslin and not of silk, which is supposed
was entitled to adopt this method of proceeding to be the material of which the Cote vestes wero
first, and the protest was only allowed to the de- made. (Vid. Co*. VESTIS.) IS
fendant upon his antagonist's omitting to do so DIAPSE'PHISIS (6ia^(f>iaif\ a political institu-
;
but, besides the two original parties, we are told tion at Athens, the object of which was to prevent
that a third (6 ftovtubpEvoq) might interpose by pro- aliens, or such as were the offspring of an unlawful
test, and thus pro tern-pore substitute himself for one 1. (Plainer, i., 180. Demosth., u. Leoch., 1098, 12.) 8.
of the litigants. It seems probable that the epo- (Meier, Att. Process, 640.) 3. (Plainer, i., 163.) 4. (Pan*.,
iii., 16, 6.) (Plut., Lye., 18.
5. Instit. Laced., p. 244. Cic.,
1. p. 54, ei. Bekk.)
(De DiciEog. HereJ., 2. (Isocr., c. Call. Tusc. Qusst.,v., 27.) 6. (Aristid., 17.) 7. (Compare Mullert
ed. BeHc.) 3.
3P73, (Demosth., c. Phorm., 912.) 4. (Isocr., c Dorians, ii., 9, $ 6, note k, and iv., 5, $ 8, note c. Manso, Spar
Call., 375, ec. Bekk. Demosth., c. Apat., 897.;. 5. (p. 15, ed ta, i., 2, 183.) 8. (Aristoph., Vesp., 715.) 9. (Bockh, Pobl
Miiller.) 6- (Demosth., c. Meid., 545.) 7. (DemostA c 10. (Aristoph., Lysistr., 48.) 11. (Philom.
Econ., i., p. 289.)
jLpheb., 862.) 8. (Demosth., c. Callip., 1240, 22.) 9. \De Fragm., p. 387, ed. Meineke.) 12. (Bekker, Charikles, ii., p
moth., c. Callip., 1244, 14. Id., c. Meid., 542, 14.) 541.)
355
DIAPSEPHISIb DICASTERION.
marriage, from assuming the rights of citizens. As DIASIA (Aidma), a great festival celebrated at
usurpations of this kind were not uncommon at Athens, without the walls of tbp city (Igu 7% 7/6-
Athens, various measures had been adopted against Aewf), in honour of Zeus, surr/amed MeiMxtof.
1 1
them (vid. GRAPHAIXENIAS and DOROXENIAS) ; but The whole people took part in it, and the wealthier
as none of them had the desired effect, a new meth- citizens offered victims (Irpeia), while the poorer
od, the 6ia^<t>iaif, was devised, according to which classes burned such incense as their country fur-
the trial on spurious citizens was to be held by the nished (ftvpaTa sTTixupia), which the scholiast on
demotae, within whose deme intruders were sus- Thucydides erroneously explains as cakes in th
8
pected to exist for if each deme separately was
; shape of animals. The diasia took place in the
kept clear of intruders, the whole body of citizens latter half of the month of Anthesterion, 3 with feast
would naturally feel the benefit. Every deme, there- ing and rejoicings, and was, like most other festi-
fore, obtained the right or duty at certain times to vals, accompanied by a fair.* It was this festival
revise its lexiarchic registers, and to ascertain at which Cylon was enjoined by an oracle to take
whether any had entered their names who had no possession of the acropolis of Athens but he mis- ;
claims to the rights of citizens. The assembly of took the oracle, and made the attempt during the
the demotae, in which these investigations took celebration of the Olympian games. 8 The etymol-
place, was held under the presidency of the de- ogy of didaia, given by most of the ancient gram-
a
march, or some senator belonging to the deme ; marians (from AiOf and uarj), is false the name is
;
for, in the case brought forward in the oration of a mere derivative from 6i6f, as 'A.ico%fajvia from
Demosthenes against Eubulides, we do not find that
he was demarch, but it is merely stated that he was DIAULOS. ( Vid. STADIUM.)
a member of the /3ov^. When the demotae were DIAZO'MA. (Vid. SUBLIGACULUM.)
assembled, an oath was administered to them, in DICASTE'RION (diKaai^ptov) indicates both the
which they promised to judge impartially, without aggregate judges that sat in court, and the place it-
favour towards, or enmity against those persons on self in which they held their sittings. For an ac-
whom they might have to pass sentence. The pres- count of the former, the reader is referred to the
ident then read the names of the demotes from the article DICASTES with respect to the latter, our
;
register, asking the opinion of the assembly (dtaiprj- information is very imperfect. In the earlier ages
fyi&adai) respecting each individual, whether they there were five celebrated places at Athens set
thought him a true and legitimate citizen or not. apart for the sittings of the judges, who had cogni-
Any one, then, had the right to say what he thought zance of the graver causes in which the loss of hu-
or knew of the person in question and when any
;
man life was avenged or expiated, viz the areiopa- ,
one was impeached, a regular trial took place. 3 gites and the ephetae. These places were the Arei-
Pollux* says that the demotae on this occasion gave opagus (vid. AREIOPAGUS), and the ETTI Tla^Xadiu, ETTI
their votes with leaves, and not with pebbles, as was Ae/I0m'w, Em Tipvravelu, and kv QpeaTToi. The an-
usual but Demosthenes simply calls them i/i^ot.
; tiquity of these last four is sufficiently vouched for
If a person was found guilty of having usurped the by the archaic character of the division of the caus-
rights of a citizen (air<nl>j]<j>i&c6ai), his name was es that were appropriated to each in the first we
:
struck from the lexiarchic register, and he himself are told that accidental deaths were discussed ; in
was degraded to the rank of an alien. But if he the second, homicides confessed, but justified ; in
did not acquiesce in the verdict, but appealed to the the third there were quasi trials of inanimate things,
great courts of justice at Athens, a heavier punish- which, by falling and the like, had occasioned a losg
ment awaited him, if he was found guilty there also ;
of human life in the fourth, homicides who had
;
for he was then sold as a slave, and his property returned from exile, and committed a fresh man-
was confiscated by the state. 8 slaughter, were appointed to be tried. With respect
If by any accident the lexiarchic registers had to these ancient institutions, of which little more
been lost or destroyed, a careful scrutiny of the than the name remained when the historical age
same nature as that described above, and likewise commenced, it will be sufficient to observe that, in
called <5mi/>J70t<Ttf, took place, in order to prevent accordance with the ancient Greek feeling respect
any spurious citizen from having his name entered ing murder, viz., that it partook more of the nature
in the new registers.* of a ceremonial pollution than a political offence, the
It is commonly believed that the 6ia^(f>iffif was presiding judge was invariably the king archon, the
introduced at Athens in B.C. 419, by one Demophi- Athenian rex sacrorum and that the places in
;
lus. 7 But it has justly been remarked by Siebelis which the trials wore held were open to the sky, to
8
on Philochorus, that Harpocration, the apparent avoid the contamination which the judges might
9
authority for this supposition, cannot be interpreted incur by being under the same roof with a murder-
in this sense. One 6iaijj^(t>iaif is mentioned by Plu- er.' The places, however, remained after the office
tarch 10 as early as B.C. 445. Clinton" has, more- of the judges who originally sat there was abolish-
over, shown that the dtaip^tcng mentioned by Har- ed and they appear from Demosthenes 7 to have
;
pocration, in the archonship of Archias, does not been occasionally used by the ordinary Heliastic
belong to B.C. 419, but to B.C. 347. Compare judges when trying a cause of the kind to which
Hermann; 18 and Schb'mann, 13 whose lengthened ac- they were originally appropriated. The most im-
count, however, should be read with great care, as portant court in later ages was the Heliaea, in which,
he makes some statements which seem to be irrec- we are told by the grammarians, the weightiest
oncilable with each other, and not founded on good causes were decided ; and if so, we may conclude
authority. The source from which we derive most the thesmothetae were the presiding magistrates.
information on this subject is the oration of Demos- Besides this, ordinary Heliastic courts sat in the
thenes against Eubulides. Odeium, in the courts Trigonon, the Greater (M-
fov), the Middle (Meaov), the Green, the Red, that
1. (Plut., Pericl., 37. Harpocr., s. v. IIora//dj.) 2. (Harpocr.,
of Metiochus, and the Parabyston ; but of these we
K. v. Af/napxos-') 3. (Demosth., c. Eubul., p. 1302.
jEschin., are unable to fix the localities, or to what magis-
De Fals. Leg., p. 345.) 4. (Onom., viii., 18.) 5. (Dionys. Hal., trates it was usual to
De apportion them. They were
Isaeo, c. 16, p. 617, ed. Reiske. Argument, ad Demosth., c.
Eubul.) 6. (Demosth., 1. c., p. 1306.) 7. (Sch8mann, De
Co- 1. (Thucyd., i., 126.) 2. (Compare Xen., Anab., vii., 8, $4.
mitiis, p. 358, transl. Wachsmuth, Hellen. Alterth., ii., 1, p. 32.) Lucian, Tim., 7. Aristoph., Nub., 402, &c.) 3. (St-hol. nd
8. (Fragm., p. 61.) 9. (s. v. Aia<^i}0i<ry.) 10. (Pericl., 37.) Aristoph., 1. c.) 4. (Aristoph., Nub., 841.) 5. (Compare Pol
11. (I'ast. Hell., ii., p. !41.)--12. (Manual of the Pol. Ant. of lux, Onom., i., 26. Suidas, s. v.) 6. (Matthiz, De Jud Ath.
Greece. \ 123, n. 14, &c.) 13 (1. c.) 157.) 7. (c. Near., 1348, 21.)
356
Dl CASTES. DICASTICON.
all painted with their distinctive colours and, it of the dicast, and a solemn engagement by him
; U
appears, had a letter of the alphabet inscribed over discharge his office faithfully and incorruptibly in
the doorway. With the exception of the Heliaea, genera], as well as in certain specified cases which
and those in which causes of murder were ti'ed, bore reference to the appointment of magistrates, a
they were probably protected from the weather. matter in no small degree under the control of the
The dicasts sat upon wooden benches, which were dicast, inasmuch as few could enter upon any office
covered with rugs or matting (^laQia), and there without having had their election submitted to a
were elevations or tribunes (/3^ara), upon which court for its approbation (vid. DOKIMASIA) and, ho- ;
the antagonist advocates stood during their address sides these, it contained a general promise to sup-
to the court. The space occupied by the persons port the existing constitution, which the dicast
engaged in the trial was protected by a railing (6pv- would, of course, be peculiarly enabled to do, when
jaKToif) from the intrusion of the by-standers ; but persons were accused before him of attempting its
in causes which bore upon the violation of the mys- subversion. This oath being taken, and the divis-
teries, a farther space of fifty feet all round was en- ions made as above mentioned, it remained to as-
closed by a rope, and the security of this barrier sign the courts to the several sections of dicasts
1
guarantied by the presence of the public slaves. in which they were to sit. This was not like the
DICASTES (diKaarris), in its broadest accepta- first, an appointment intended to last during the
tion a judge, more peculiarly denotes the Attic year, but took place under the conduct of the thes
functionary of the democratic period, who, with mothetae, de novo, every time that it was necessary
his colleagues, was constitutionally empowered to to empanel a number of dicasts. In ordinary cases,
try and pass judgment upon all causes and ques- when one, two, or more sections of 500 made up
tions that the laws and customs of his country pro- the complement of judges appropriated to trying the
nounced susceptible of judicial investigation. In particular kind of cause in hand, the process was
the circumstance of a plurality of persons being extremely simple. Two urns or caskets (K^rjpur^-
selected from the mass of private citizens, and pia) were produced, one containing tickets inscribed
associated temporarily as representatives of the with the distinctive letters of the sections, the oth-
whole body of the people, adjudicating between er furnished, in like manner, with similar tickets, to
its individual members, and of such delegates indicate the courts in which the
sittings were to be
swearing an oath that they would well and truly held. If the cause was to be tried by a single section,
discharge the duties intrusted to them, there ap- a ticket would be drawn simultaneously from each
pears some resemblance between the constitution urn, and the result announced, that section B, for
of the Attic dicasterion and an English jury, but instance, was to sit in court F if a thousand dicasts ;
in nearly all other respects the distinctions between were requisite, two tablets would, in like manner, be
them are as great as the intervals of space and drawn from the urn that represented the sections,
time which separate their several nations. At while one was drawn from the other as above men-
Athens the conditions of his eligibility were, that tioned, and the announcement might run that sec-
the dicast should be a free citizen, in the enjoyment tions A and B were to sit in court T, and the liko.
of his full franchise (emTi/tia), and not less than A more complicated system must have been adopt-
thirty years of age and of persons so qualified six ed when fractional parts of the section sat by them-
;
thousand were selected by lot for the service of ev- selves, or were added to other whole sections but :
ery year. Of the precise method of their appoint- what this might have been we can only conjecture,
ment our notices are somewhat obscure but we and it is obvious that some other process of selection
;
may gather from them that it took place every year must have prevailed upon #11 those occasions when
under the conduct of the nine archons and their of- judges of a peculiar qualification were required as, ;
ficial scribe that each of these ten personages for instance, in the trial of violators of the myste-
;
drew by lot the names of six hundred persons of ries, when the initiated only were allowed to judge ;
the tribe assigned to him that the whole number and in that of military offenders, who were left to the
;
so selected was again divided by lot into ten sec- justice of those only whose comrades they were, or
tions of 500 each, together with a supernumerary should have been, at the time when the offence was
one, consisting of a thousand persons, from among alleged to have been committed. It is pretty clear
whom the occasional deficiencies in the sections of that the allotment of the dicasts to their several
600 might be supplied. To each of the ten sections, courts for the day took place, in the manner above
one of the first ten letters of the alphabet was ap- mentioned, in the market-place, and that it was
propriated as a distinguishing mark, and a small conducted in all cases, except one, by the tht mo-
tablet (TTIVUKCOV), inscribed with the letter of the thetae in that one, which was when the magis-
;
section and the name of the individual, was deliv- trates and public officers rendered an account of
ered as a certificate of his appointment to each di- their conduct at the expiration of their term of of-
cast. Three bronze plates found in the Piraeus, and fice, and defended themselves against all charges
described by Dodwell, 2 are supposed to have served of malversation in it (vid. EUTHUNAI), the logistae
this purpose the inscriptions upon them consist of were the officiating personages. As soon as the al-
;
the following letters A. AIOAQPOS $PEA, E. lotment had taken place, each dicast received a
:
AEINIAS AAAIEYS, and B. ANTIXAPMO2 AA- staff, on which was painted the letter and the colour
MII, and bear, besides, representations of owls and of the court awarded him, which might serve both
Gorgon heads, and other devices symbolic of the as a ticket to procure admittance, and also to dis-
Attic people. The thousand supernumeraries had, tinguish him from
any loiterer that might endeavoui
in all probability, some different token but of this clandestinely to obtain a sitting after business had
;
we have no certain knowledge. begun. While in court, and probably from the hand
Before proceeding to the exercise of his func- of the presiding magistrate (fr/epuv
diKaarriplov'), he
tions, the dicast was obliged to swear the official received the token or ticket that entitled him to
oath which was done in the earlier ages at a place receive his fee (dtKaariKov) from the KuhaKperai.
;
called Ardettus, without the city, on the banks of This payment is said to have been first instituted by
the Ilissus, but in after times at some other sptft, Pericles, and was originally a single obolus it was ;
of which we are not informed. In the time of De- increased by Cleon to thrice that amount about tha
mosthenes, the oath (which is given at full length in 88th Olympiad. 1
Demosth., c. Timoc., 746) asserted the qualification DICASTICON. (Vid. DICASTES.)
1. (Meier, Alt. Pioc., p. 141.) 2. (Travels, i., p. 433-487.) 1. (Meier, Alt. Pnc., 125, &c.J
357
DICE. DICE.
1)1KE (6tKj)) signifies generally any proceedings selecting his time was, of course, in some degree
it law by one party directly or mediately against limited and of several causes, we know that the
;
others. 1 Theobject of all such actions is to pro- time for their institution was particularized by law. 1
tect the body politic, or one or more of its individ- There were also occasions upon which a personal
ual members, from injury and aggression ; a dis- arrest of the party proceed'/l against took the place
tinction which has in most countries suggested the of, or, at all events, was sLuultaneous with, the ser-
division of all causes into two great classes, the vice of the summons as, for instance, when the
;
public and the private, and assigned to each its pe- plaintiff doubted whether such party would not
culiar form and treatment. At Athens the first of leave the country to avoid answering the action ;
these was implied by the terms public 6'ticai or u-yu- and, accordingly, ive find that, in such cases,* an
vef, or still more peculiarly by jpa(j>ai causes of the
: Athenian plaintiff might compel a foreigner to ac-
other class were termed private 6'mai or aywve?, or company him to the polemarch's office, and there
simply dinai in its limited sense. There is a still produce bail for his appearance, or, failing to do so,
farther subdivision of ypaQai into drjfioaiai and Idiai, submit to remain in custody till the trial. The
of which the former is somewhat analogous to im- word Kare-yyvfv is peculiarly used of this proceed-
peachments for offences directly against the state ; ing. Between the service of the summons and ap-
the latter to criminal prosecutions, in which the pearance of the parties before the magistrate, it is
state appears as a party mediately injured in the very probable that the law prescribed the interven-
violence or other wrong done to individual citizens. tion of a period of five days. 3If both parties ap-
It will be observed that cases frequently arise, peared, the proceedings commenced by the plaintiff
which, with reference to the wrong complained of, putting in his declaration, and at the same time de-
may with equal propriety be brought before a court positing his share of the court fees (irpvTaveia), the
in the form of the ypaQq last mentioned, or in that non-payment of which was a fatal objection to the
of an ordinary dini), and under these circumstances farther progress of a cause.* These were very tri-
the laws of Athens gave the prosecutor an ample fling in amount. If the subject of litigation was ra-
choice of methods to vindicate his rights by private ted at less than 100 drachmae, nothing was paid if ;
or public proceedings, 8 much in the same way as a at more than 100 drachmae and less than 1000 drach-
plaintiff in modern times may, for the same offence, mae, 3 drachmae was a sufficient deposite, and so
prefer an indictment for assault, or bring his civil on in proportion. If the defendant neglected or re-
action for trespass on the person. It will be neces- fused to make his payment, it is natural to conclude
sary to mention some of the principal distinctions that he underwent the penalties consequent upon
in the treatment of causes of the two great classes non-appearance; in all cases, the successful party
above mentioned, before proceeding to discuss the was reimbursed his prytaneia by the other. 6 The
forms and treatment of the private lawsuit. Trapa/cnrafio/lj? was another deposite in some cases,
In a diKi}, only the person whose rights were al- but paid by the plaintiff only. This was not iij the
leged to be affected, or the legal protector (icvpiof') nature nor of the usual amount of the court fees,
of such person, if a minor, or otherwise incapable but a kind of penalty, as it was forfeited by the
of appearing suo'jure, was permitted to institute an suiter in case he failed in establishing his cause.
action as plaintiff; in public causes, with the ex- In a suit against the treasury, it was fixed at a fifth ;
ception of some few in which the person injured or in that of a claim to the property of a deceased per-
his family were peculiarly bound and interested to son by an alleged heir or devisee, at a tenth of the
act, any free citizen, and sometimes, when the state value sought to be recovered. 6 If the action was
was directly attacked, almost any alien, was em- not intended to be brought before an heliastic court,
powered to do so. In all private causes, except but merely submitted .to the arbitration of a diaete-
those of egovhrjc;, ftiaiuv, and et-aipeaeuz, the penalty tes (vid. DIAITETAI), a course which was competent
or other subject of contention was exclusively re- to the plaintiff to adopt in all private actions, 7 the
covered by the plaintiff, while in most others the drachma paid in the place of the deposite above
state alone, or jointly with the prosecutor, profited mentioned bore the name of irapdaraatf. The de-
by the pecuniary punishment of the offender. The posites being made, it became the duty of the magis-
court fees, called prytaneia, were paid in private, trate, if no manifest objection appeared on the face
but not in public causes, and a public prosecutor of the declaration, to cause it to be written out on
that compromised the action with the defendant a tablet, and exposed for the inspection of the pub-
was in most cases punished by a fine of a thousand lic on the wall or other place that served as the
8
drachmas and a modified disfranchisement, while cause-list of his court.
there was no legal impediment at any period of a The magistrate then appointed a day for the far-
private lawsuit to the reconciliation of the litigant ther proceedings of the anacrisis (vid. ANACRISIS),
3
parties. which was done by drawing lots for the priority, in
The proceedings in the diKij were commenced by case there was a plurality of causes instituted at
a summons to the defendant (Trpocr/cAjyo^f) to appear the same time and to this proceeding the phrase
;
on a certain day before the proper magistrate (daa- y^uvetv 6iKTjv, which generally denotes to bring
yuyevf), and there answer the charges preferred an action, to be primarily attributed. If the plain-
is
against him.* This summons was often served by tiff failed to appear at the anacrisis, the suit, of
the plaintiff in person, accompanied by one or two course, fell to the ground if the defendant made
;
witnesses (vid. CLETERES), whose names were en- default, judgment passed against him.' Both par-
dorsed upon the declaration (/U?tf or ey/cA^c). ties, however, received an official summons before
If there were an insufficient service of the sum- their non-appearance was made the ground of either
mons, the lawsuit was styled inrpoaKtyTOf, and dis- result. An affidavit might at this, as well as at
missed by the magistrate. From the circumstance other periods of the action, be made in behaJf of a
of the same officer that conducted the anacrisis be- person unable to attend upon the given day, and this
ing also necessarily present at the trial, and as there would, if allowed, have the effect of postponing far-
were, besides, dies nefasti (uTro&puSee) and festivals, ther proceedings (y^uftoaia) it might, however, be
;
omnated by a counter-affidavit to the effect that heavier penalty drew a long line, the others a Uiort
the alleged reason was unfounded or otherwise in- one. 1 Upon judgment being given in a private suit,
sufficient (uvOvrcupooia) ; and a question would the Athenian law left its execution very much in
arise upon this point, the decision of which, when the hands of the successful party, who was empow-
adverse to the defendant, would render him liable ered to seize the movables of his antagonist as a
to the penalty of contumacy.
1
The plaintiff was in pledge for the payment of the money, or institute
this case said epr/prjv theiv the defendant, Ipr/priv
: an action of ejectment (efou/b7f) against the refrac-
ty\eli>, &KTIV being
the word omitted in both phra- tory debtor. The judgment of a court of dicasts
ses. If the cause were primarily brought before an was in general decisive (diny avrorr/ljfc) but upoa ;
umpire (diairriifc), the anacrisis was conducted by certain occasions, as, for instance, gross when a
him in cases of appeal it was dispensed with as
;
case of perjury or conspiracy could be proved by
unnecessary. The anacrisis began with the affida- the unsuccessful party to have operated to his dis-
vit of the plaintiff (irpoupoaia), then followed the advantage, the cause, upon the conviction of such
answer of the defendant (dvrufioaia or avnypafo'/) conspirators or witnesses, might be commenced de
(vid. ANTIGRAPHE), then the parties produced
their novo. (Vid. APPELLATIO, GREEK.) In addition to
respective witnesses, and reduced their evidence to which, the party against whom judgment had pass-
writing, and put in originals, or authenticated copies ed by default had the power to revive the cause,
of all the records, deeds, and contracts that might upon proving that his non-appearance in court was
be useful in establishing their case, as well as mem- inevitable (rijv ep^r/v avrikaxtlv a ) this, however, ;
oranda of offers and requisitions then made by ei- was to be exercised within two months after the
ther side (-rrpoKhrjaeif). The whole of the documents original judgment. If the parties were willing to
were then, if the cause took a straightforward refer the matter to an umpire (cJiatr^r^f), it was in
course (evdvdiitia), enclosed on the last day of the the power of the magistrate to transfer the proceed-
anacrisis in a casket (e^ivof ), which was sealed and ings as they stood to that officer and in the same ;
intrusted to the custody of the presiding magistrate way, if the diaetetes considered the matter in hand
till it was produced and opened at the trial. Du- too high for him, he might refer it to the elaayuycvg,
to be brought by him before an heliastic court.
ring the interval no alteration in its contents was
permitted, and, accordingly, evidence that had been The whole of the proceedings before the diaetetes
discovered after the anacrisis was not producible at were analogous to those before the dicasts, and
the trial.* In some causes, the trial before the di- bore equally the name of diKij: but it seems that
casts was by law appointed to come on within a the phrase uvTiTt-axetv TTJV pj oiicav is peculiarly ap-
to the revival of a cause before the umpire in
given time ; in such as were not provided for by plied
such regulations, we may suppose that it would which judgment had passed by default. (Vid. Di-
principally depend upon the leisure of the magis- AITETAI.)
trate. The parties, however, might defer the day The following are the principal actions, both pub-
Upon the court being lic and private, which we read of in the Greek wri-
3
(Kvpia) by mutual consent.
assembled, the magistrate called on the cause,* and ters, and which are briefly discussed under theif
the plaintiff opened his case. At the commence- several heads :
filled the clepsydra with water. As long as the yiov 'Aypatyiov: 'Aypafyov fieTuTJiov Alulae: 'AAo-
: :
water flowed from this vessel, the 6rator was per- yiov 'A,M&lo<7euf 'A/ze/lt'or 'Avayuyf/f 'Avavjut-
: : : :
mitted to speak if, however, evidence was to be Xiov 'Avdpcnrodiafiov 'Avdpairoduv 'ATrar^aewf rev
;
: : :
read by the officer of the court, or a law recited, the drjuov 'A<]>op/J.ijf 'A7roAen/>ewf 'AiroTreuipeue 'ATTO-
: : : :
water was stopped till the speaker recommenced. araaiov AKpoaraaiov 'Apyiag 'Apyvplov : 'Aaedel- : : :
The quantity of water, or, in other words, the length af 'AarpaTelctf Avro^o/U'af AiiroTE^f/f "Bedaiu-
: : : :
of the speeches, was not by any means the same in aeue Bia/wv BAufr/f
:
Hovhevoeug Ka/cj/yoptaf : : : :
cases, as those of KUKuaif, according to Harpocra- 7w y>7? 'EZaipeaeu? 'EZovhije 'Apirayfjs Elpyfiov
: : : : :
tion, no limit was prescribed The speeches were 'Eraiprjaeug 'hpoavMac 'YTrofioA^f "Yfy>ewf Aet- : : : :
sometimes interrupted by the cry Karu6a "go TTOfiaprvpiov AenrovavTiov AenroarpaTtov Aenro- : : :
down," in effect, "cease speaking" from the di- rat;lov TAiaQoiJ MiaOuaeuf OIKOV :
Mo^e/af No- : :
casts, which placed the advocate in a serious dilem- rof diaQdopuc OiKtaf. HapaK.a.TadijK7jf Lapu- : :
he could hardly fail to offend those who bid him v $>6vov 4>wpf d<j>avov( KO.I : :
after the votes had been taken, that it had emana- puf UpoiKof 'tevdsyypcupTJe : : :
ted from a minority of the dicasts. 6 After the uv 'PrjropiKij 2/cvpta 2trov : : : :
documentary and other evidence, the dicasts pro- DI'CROTA. (Vid. BIREMIS.)
ceeded to give their judgment by ballot. (Vid. *DICTAMNUS (tiiKTu/ivof), a plant, the Dittany
CADISKOI.) of Crete, or Origanum Dictamnus. Virgil gives a
When the principal point at issue was decided in very striking description of it, and records the pop-
favour of the plaintiff, there followed, in many cases, ular belief of its great efficacy in the cure of wounds.'
a farther discussion as to the amount of damages Pliny and those who came after him also attest its
or penalty which the defendant should pay. (Vid. great virtues in this respect the arrow or missile :
AFCNES ATIMHTOI KAI TIMHTOI.) The meth- with which the wound had been inflicted dropped
od of voting upon this question seems to have varied, from it on applying the juice of the Dictamnus, anrf
in that the dicasts used a small tablet instead of a the stags, when wounded by the hunter, caused the
ballot-ball, upon which those that approved of the weapon to fall out from the wound by browsing
upon this plant The moderns make no use of it, !
experience having shown how little reliance was to his son was persecuted by the dictator L. Papirius,
i
be placed on these statements. The Dictamnus appealed on his behalf to the " populus," the patri-
which grew on Mount Ida, in Crete, was the most cians of the curies. Still, even in this case the
highly esteemed. It is to be regretted that Linnae- populus had recourse to entreaties rather than au-
us has given the name of Dictamnus to a kind of thority.
plant which has no relation whatever to the one Moreover, no one was eligible to the dictatorship
mentioned by Virgil. unless he had previously been consul or praetor, for
DICTATOR. The name and office of dictator such was the old name of the consul. 1 Afterward,
are confessedly of Latin origin thus we read of a when the powers of the old praetors had been divi-
:
dictator at Tusculum in early, at Lanuvium in very ded between the two consuls who went to their
late, times.
1
Among the Albans, also, a dictator was provinces abroad, and the praetorians who adminis-
sometimes elected, as Mettus Fuffetius on the death tered justice at home, praetorians as well as consu-
of their king Cluilius. Nor was this magistracy lars were qualified for the office. The first plebeian
confined to single cities for we learn from a frag- dictator was C. Martius Rutilus, nominated (diclus)
;
ment of Cato, that the Tusculan Egerius was dicta- by the plebeian consul M. Popillius Laenas, B.C.
2
tor over the whole nation of the Latins. 356."
Among the Romans, a dictator was generally ap- With respect to the electors and the mode of elec-
pointed in circumstances of extraordinary danger, tion, we are told* that on the first institution of the
whether from foreign enemies or domestic sedition. office, the dictator was created by the populus or
Instances occur very frequently in the early books burghers (M. Valerius qui primus magister a populo
of Livy, from whom we also learn that a dictator crcatus est), just as it had been the custom for the
was sometimes created for the following purposes kings to be elected by the patricians. Dionysius*
:
appointing holydays (feriarum constituendarum cau- of the night by one of the consuls, and then re-
sa) on the appearance of prodigies,* and officiating ceived the imperium, or sovereign authority, from
at the ludi Romani if the praetor could not attend ;* the assembly of the curies. 5 This ratification was
also for holding trials (quastionibus exercendis 6 ), and, in early times indispensable to the validity of the
on one occasion, for filling up vacancies in the sen- election, just as it had been necessary for the kings,
7
ate. In this last case there were two dictators, even after their election by the curies, to apply to
one abroad and another at home ; the latter, how- them for investiture with the imperium (legem curi-
nver, without a magister equitum. atam de imperio ferre 6 ).
According to the oldest authorities, the dictator- The possession of the right of conferring the im-
ship was instituted at Rome ten years after the ex- perium may, as Niebuhr suggests, have led the pa-
pulsion of the Tarquinii, and the first dictator was tricians to dispense with voting on the preliminary
said to have beenT. Lartius, one of the consuls of nomination of the senate, although it is not impos-
the year. 8 Another account states that the consuls sible that the right of ratification has been confound-
of the year in which the first dictator was appoint- ed with the power of appointment. In later times,
ed were of the Tarquinian party, and therefore dis- however, and after the passing of the Maenian law,
trusted. the conferring of the impeimm was a mere form.
This tradition naturally suggests the inference that Thenceforward it was only necessary that the con-
the dictator was on this first occasion appointed to di- sul should consent to proclaim the person nomina-
rect and supersede the consuls (moderator et magister ted by the senate. 7
consulibus appositus), not only with a view to foreign In the statement we have just made with respect
wars, but also for the purpose of summarily punish- to the nominations by the senate, we have been
ing any member of the state, whether belonging to guided chiefly by the authority of Livy but we ;
the commonalty or the governing burghers, who must not omit to mention that, according to Diony-
should be detected in plotting for the restoration of sius, the senate only resolved OD the appointment of
the exiled king. 9 The powers with which a dicta- a dictator, and left the choice to be made by one of
tor was invested will show how far his authority the consuls. Some instances mentioned in Livy
was adequate such an object.
for certainly confirm this opinion but they are gener-
;
ated for six months only, his power within the city pose B nor is it likely that the disposal of kingly
;
was as supreme and absolute as that of the consuls power would have been intrusted, as a matter of
without. 11 In token of this, the fasces and secures course, to the discretion of an individual. On one
(the latter, instruments of capital punishment) were of these occasions we read that the consuls in office
carried before him even in the city. 1 * Again, no ap- refused for some time to declare a dictator, though
peal against the dictator was at first allowed either required by the senate to do so, till they were com-
to the commons or the burghers, although the latter
9
pelled by one of the tribunes. There were, in fact,
had, even under the kings, enjoyed the privilege of religious scruples against the nomination being made
19
appealing from them to the great council of the pa- by any other authority than the consuls and to ;
tricians (provocaread populum); a privilege, more- such an extent were they carried, that after the
over, which the Valerian laws had confirmed and battle at the Trasimene lake, the only surviving
tecured to them against any magistracy whatever. 13 consul being from home, the people elected a. pro-
This right, however, was subsequently obtained by dictator, and so met the emergency. may ob- We
the members of the houses, * and perhaps eventually
1
serve that Livy states, with reference to this case,
by the plebeians; an instance of its being used is that the people could not create a dictator, having
15
given by Livy, in the case of M. Fabius, who, when never up to that time exercised such a power (quod
1. (Cic ,
Pro Mil., 10.)2. (Niebuhr, i., p. 589.) 3. (Liv.,
viii., 23 ix., 7.) 4. (Id., vii., 28.) 5. (Id., viii., 40 ; ix., 34.) 1. (Liv., ii., 18.) 2. (Liv., vii., IT. Arnold, ii., p. 84.) a
.
(Id.,
;
ix., 26.) 7. (Id., xxiii., 23.) 8. (Liv., ii., 18.) 9. (Fest., Opt. Lex.)^l. (v., 70.) 5. (Liv., ix., 38.) 6. (Cic., D
7. (Niebuhr,i., p. 509.) 8. 'Liv., vui.,23
(Arnold, i.,p. 144.)10. (Varro,DeLing. Lat., v.,82.) 11. (Liv., Repub., ii., 13, 17.)
De 1? (Liv., iv., 31
iii., 32.) 12. (Id., ii., 18.) 13. (Liv., ii., 8 Cic., Rep.,ii., ix., 7. Dionys., x , 23.) 9. (Liv., iv., 36.)
U 14. (Fest., Opt. Lex-> 15. (viii., 33.) xxvii., c. 5.)
DICTATOR. DIES-
nanquam ente earn diemfactum erat) we find, baw- : On one occasion tne people made a master ol t!w
ever, in a case subsequent to this (B.C. 212), that horse, M. Minucius, equal in command with the
the people did appoint a dictator for holding the dictator Fabius Maximus. 1
elections, though the consul of the year protested DICTYNN'IA (^-.KTvvvia), a festival with sacri-
against it, as an encroachment upon his privileges ; fices, celebrated at Cydonia in Crete, in honour of
but even then the consul nominated, though he did Artemis, surnamed A//CTVWO or kiKTvvvaia, from
not appoint. 1 diKTvov, a hunter's net.' Particulars respecting its
3
Dionysius informs us that the authority of a dic- celebration are not known. Artemis kiKrvvva. wa
tator was supreme in everything (irohe/jiov re xat also worshipped at Sparta,* and at Ambrysus in
eipqvqc nal Travrdf uhhov pay/MTV? avTOKpuTup), and Phocis.*
ihat, till the time of Sulla, no dictator had ever DIES (of the same root as 6i6f and deus*). The
abused his power. There were, however, some name dies was applied, like our word day, to the
limitations, which we will mention. time during which, according to the notions of the
period of office was only six months, and
3
1. The ancients, the sun performed his course around the
at the end of that time a dictator might be brought to earth and this time they called the civil day (diet
;
trial for any acts of tyranny committed by him while civilis, in Greek vvx^f/pepov, because it included both
in power.* Many, however, resigned their author-
6
night and day ). The natural day (dies naturalis),
ity before the expiration of the six months, after or the time from the rising to the setting of the sun,
completing the business for which they were ap- was likewise designated by the name dies. The
pointed. 2. A dictator could not draw on the treas- civil day began with the Greeks at the setting of
ury beyond the credit granted him by the senate,' the sun, and with the Romans at midnight with ;
nor go out of Italy,' nor even ride on horseback the Babylonians at the rising of the sun, and with
without the permission of the people, 7 a regulation the Umbrians at midday. 7 have here only to We
apparently capricious, but perhaps intended to show consider the natural day, and, as its subdivisions
whence his authority came. The usurped powers were different at different times, and not always the
of the dictators Sulla and Julius Caesar are, of same among the Greeks as among the Romans, we
course, not to be compared with the genuine dic- shall endeavour to give a brief account of the va-
tatorship. After the death of the latter, the office rious parts into which it was divided by the Greeks
was abolished forever by a law of Antony, the con- at the different
periods
of their history, and then
8
sul. The title, indeed, was offered to Augustus, proceed to consider its divisions among the Ro-
but he resolutely refused it,' in consequence of the mans, to which will be subjoined a short list of re-
odium attached to it from the conduct of Sulla when markable days.
dictator in fact, even during the later ages of the
; At the time of the Homeric poems, the natural
Republic, and for one hundred and twenty years day was divided into three parts.
8
The first, called
previous to Sulla's dictatorship, the office itself had
TJU<;, began with sunrise, and comprehended the
been in abeyance, though the consuls were fre- whole space of time during which light seemed
quently invested, in time of danger, with something to be increasing, i. e., till midday. 9 Some ancient
like a dictatorial power by a senatus consultum, grammarians have supposed that in some instances
empowering them to take measures for securing Homer used the word j/6f for the whole day, but
the state against harm (ut darent operam ne quid Nitzsch 10 has shown the incorrectness cf this opin-
respublica detrimenti caperet). ion. The second part was called pcaov vpap, or mid-
Together with the master of the burghers, or the day, during which the sun was thought to stand
dictator, there was always appointed (dictatori addi- still. The third part bore the name of deify or
11
with instances where the appointment was made by three great divisions, no others seem to have been
the senate or the plebs. 10 He was, of course, sub- known at the time when the Homeric poems were
ject, like other citizens, to the dictator but his au- composed. The chief information respecting the
;
thority is said to have been equally supreme, within divisions of the day in the period after Homer, and
his own jurisdiction, over the knights and accensi :" more especially the divisions made by the Athe-
14
who the latter are it is difficult to determine." Nie- nians, is to be derived from Pollux. The first and
13
buhr says of the magister equitum, " The func- last of the divisions made at the time of H^ner
tions of this officer in the state are involved in ob- were afterward subdivided into two parts. The
scurity ; that he was not merely the commander of earlier part of the morning was termed nput or
the horse, and the dictator's lieutenant in the field, n-pu TJjf Tipepas the latter irfydovarjf r^f wyopwf, or ;
the election, and have taken the votes of the twelve middle of the day, when the sun seemed neither to
3enturies on the person whom he proposed to them. rise nor to decline. The two parts of the afternoon
This might afterward have fallen into disuse, and were called deify irputrj or npuia, and deify b^iirj or
ho would then name his colleague himself." oV/i'a.
16
This division continued to be observed down
This conjecture, although plausible, is far from
being supported by the authority of Livy, who speaks
1. (Liv., xxii., 26.) 2. (Diod. Sic., v., 76. Compare Strabo,
ed. Tauchnitz. 3. (Paus., iii.,
of both officers as being " creati," and of the ma- x., p. 376, 4. Pausan.,ii., 30, 3.) t>
gister equitum as being additus dictatori," in such toph., Ran., 1284 Vesp., 357 and Meursius, Creta, c. 3.) 5. ; ;
a way as to justify the inference that they were (Buttmann, Mytbologus, ii.,p. 74.) 6. (See Censorin., De Die
Natali, 23. Plin., II. N., ii., 77, 79. Varro, De Re Rust., i.,
both appointed by the same authority, just as they 28.
Macrob., Sat., i., 3.) 7. (Macrob.,1. c. Gellius, iii., 2.)
were both selected from the same class of men, the 8. (II., xxi., 111.) 9. (II., viii., 66 ix., 84. Od., ix., 56.) 10. ;
ccnsulares or prastorii. (Anmerkungen zur Odyssee, i., 125.) 11. (Hermias ad Plat.,
Phaedr., p. 342.) 12. (Od., xvii., 606. Compare Buttmann's Lex-
1. (Liv., xxii.,8,31.) 2. (v.,73.) 3.(Liv., ix., 34.) 4. (Liv., n. 95.) 13. (Od., xvii., 191. II., xvi., 779.) 14
ilogus, ii.,
vii., 4.) 5. (Niebuhr, note 1249.) 6. (Liv., Epit., xix.) 7. (Onora., i., 68.) 15. (Herod., iv., 181. Xen., Mem., i., 1,> 10.
8. 9. (Suct.,Octav., c.52.) 30. Dion Chrysost., Orat., Ixvii.) 16. (Ifo
(Id., xxiii., 14.) (Cic., Pliil., i., 1.) Hellen., i., 1, (>
K> the latet-t period of Grecian history, though an- couite they derived their name from f-iri (far, tin
,
other more accurate division, and more adapted to verba ; do, dico, addiccr). On some of the dies fasti
the purposes of common life, was introduced at an comitia could be held, but not on all.
1
Dies might
early period for Anaximander, or, according to be fasti in three different ways: 1. Dies fasti pro-
;
others, his disciple Anaximenes, is said to have prie et toti, or simply dies fasti, were days on which
made the Greeks acquainted with the use of the the praetor used to hold his courts, and could do so
Babylonian chronometer or sundial (called TroAof or at all hours. They were marked in the Roman
upohoyiov, sometimes with the epithet aKiodripmov or calendar by the letter F, and their number in the
fatafiuvtipov), by means of
which the natural day was course of the year was 38 3 2. Dies proprie scd non ;
1
divided into twelve equal spaces of time. These toti fasti, or dies intercisi, days on which the praetor
spaces were, of course, longer or shorter, according might hold his courts, but not at all hours, so that
to the various seasons of the year. The name sometimes one half of such a day was fastus, while
hours (upat), however, did not come into general the other half was nefastus. Their number was 65
use till a very late period, and the difference be- in the year, and they were marked in the calendar
tween natural and equinoctial hours was first ob- by the signs Fp. fastus primo, Np =
nefastus pri-
served by the Alexandrine astronomers. mo, En. =
endotercisus =. intercisus, Q. Rex C. F.
During the early ages of the history of Rome, quando Rex comitio fugit, or quando Rex comitiamt
when artificial means of dividing time were yet un- fas, Q. St. Df. =
quando stercus defertur ; 3. Dies nvn
known, the natural phenomena of increasing light proprie sed casu fasti, or days which were not fasti
and darkness formed with the Romans, as with the properly speaking, but became fasti accidentally a ;
Greeks, the standard of division, as we see from dies comitialis, for instance, might become fastus,
a 3
the vague expressions in Censorinus. Pliny states if either during its whole course, or during a part
that in the Twelve Tables only the rising and the of it, no comitia were held, so that it accordingly be-
setting of the sun were mentioned as the two parts came either a dies fastus totus, or fastus ex parte.*
into which the day was then divided but from Oen- ;
DIES NEFASTI were days on which neither courta
sorinus* and Gellius 5 we learn that midday (mcri- of justice nor comitia were allowed to be held, and
dies) was also mentioned. Varro 6 likewise distin- which were dedicated to other purposes. 5 Accord-
guished three parts of the day, viz., mane, meridies, ing to the ancient legends, they were said to have
and supremo, scil. tempestas, after which no assem- been fixed by Numa Pompilius. 6 From the re-
bly could be held in the Forum. The lex Plaetoria marks made above, it will be understood that one
prescribed that a herald should proclaim the supre- part of a day might be fastus, while another was ne-
ma in the comitium, that the people might know fastus. 7 The nundin<e, which had originally been
that their meeting was to be adjourned. But the di- dies fasti, had been made nefasti at the time when
vision of the day most generally observed by the the twelve-months year was introduced but in B.C. ;
Romans was that into tempus antemeridianum and 286 they were again made fasti by a law of Q. Hor-
8
pomeridianum, the meridies itself being only consid- tensius. The term dies nefasti, which originally
ered as a point at which the one ended and the oth- had nothing to do with religion, but simply indicated
er commenced. "But, as it was of importance that days on which no courts were to be held, was in
this moment should be known, an especial officer subsequent times applied to religious days in gener-
(tid. ACCENSUS) was appointed, who proclaimed the al, as dies nefasti were mostly dedicated to the wor-
time of midday, when from the curia he saw the ship of the gods. 9
sun standing between the rostra and the graecosta- In a religious point of view all days of the year
sis. The division of the day into twelve equal spa- were either diesfesti, or dies profesti, or dies intercisi.
ces, which, here as in Greece, were shorter in win- According to the definition given by Macrobius, dies
ter than in summer, was adopted at the time when festi were dedicated to the gods, and spent with
artificial means of measuring time were introduced sacrifices, repasts, games, and other solemnities ;
among the Romans from Greece. This was about dies profesti belonged to men for the administra-
the year B.C. 291, when L. Papirius Cursor, after tion of their private acid public affairs. They were
the war with Pyrrhus in southern Italy, brought to either dies fasti, or comitiales, or comperendini, or
Rome an instrument called solarium horologium, or stati, or probliales. Dies intercisi were common be-
7
simply solarium. But as the solarium had been tween gods and men, that is, partly devoted to the
made for a different meridian, it showed the time at worship of the gods, partly to the transaction of or-
Rome very incorrectly. Scipio Nasica, therefore, dinary business.
erected in B.C. 159 a public clepsydra, which indi- We
have lastly to add a few remarks on some of
cated the hours of the night as well as of the day. the subdivisions of the dies profesti, which are like-
Even after the erection of this clepsydra, it was cus- wise defined by Macrobius. Dies comitiales were
tomary for one of the subordinate officers of the days on which comitia were held their number ;
praetor to proclaim the third, sixth, and ninth hours was 184 in a year. Dies comperendini were days to
;
which shows that the day was, like the night, divi- which any action was allowed to be transferred
ded into four parts, each consisting of three hours. (quibus vadimonium licet dicere 1 "). Dies stati were
See Dissen's treatise, De Partibus Noctis et Diei ex days set apart for causes between Roman citizona
Divisionibus Veterum, in his Kleins Lateinische und and foreigners (qui judicii causa cum percgrinis in-
Deutsche Schriften, p. 130, 150. (Compare the arti- slituuntur). Dies prcelialcs were all days on whtch
cle HOROLOQIUM.) religion did not forbid to commence a war a list ;
All the days of the year were, according to dif- of days and festivals on which it was contrary ta
ferent points of view, divided by the Romans into religion to commence a war is given by Macrobius.
different classes. For the purpose of the adminis- See also Festus, s. v. Compare Manutius, De Vet-
tration of justice, all days were divided into dies fas- erum Dierum Ratione, and the article CALENDAR
ti and dies nefasti. (ROMAN).
DIES FASTI were the days on which the praetor DIFFAREA'TIO. (Vid. DIVORTIUM.)
was allowed to administer justice in the public
1. (Ovid, Fasti, i., 45, &c. Varro, De Ling. Lat., vi., 29, 30,
d. Muller. Macrob., Sat., i., 16.) 2. (Cicero, Pro Sext., 15,
1. (Herod., ii.. 109.-Dio?. Laert., ii., 1, 3 Plin., H. N., ii., with the note of Manutius.) 3. (Niebuhr, Hist, of Rome, iii.,
6, 78. Sunlas, s. v. 'Avai>av(5,)os.) 2. (De Die Nat., 24.)-n3. p. 368.) 4. (Macrob., Sat., i., 16. Varro, De Ling. Lat., 1. c.)
(H. N., vii., 60.) 4. fl. c.) 5. (xvii., 2.) 6. (De Ling. Lat., 5. (Varro, 1. c.) 6. (Liv., i., 19.) 7. (Ovid, Fast., i., 50.) U
vi., 4, 5, ed. Muller ; andlsidor., Orig., v.,
30 and 31.) 7. (Plaut. (Macrob., Sat., i., 16.) 9. (Gellius, iv., 9 v., 17.) 10. (Gaiui,
;
Aristophanes" are mistaken in believing that the DIOMO'SIA (Aiufioaia). (Vid. ANTOMOSIA.)
Diipolia were the same festival as the Diasia. It DIONY'SIA (Aiovvaia), festivals celebrated in va-
was held on the 14th of Scirrophorion. The man- rious parts of Greece in honour of Dionysus. W
ner in which the sacrifice of an ox was offered on have to consider under this head several festivals of
this occasion, and the origin of the rite, are de- the same deity, although some of them bore differ-
scribed by Porphyrius, 3 with whose account may be ent names ; for here, as in other cases, the name of
compared the fragmentary descriptions of Pausa- the festival was sometimes derived from that of the
nias* and ^Elian.* The Athenians placed barley god, sometimes from the place where it was cele-
mixed with wheat upon the altar of Zeus, and left it brated, and sometimes from some particular circum-
unguarded the ox destined to be sacrificed was
;
stance connected with its celebration. shall, We
then allowed to go and take of the seeds. One of however, direct our attention chiefly to the Attic
the priests, who bore the name of (JovQovos (whence festivals of Dionysus, as, on account of their inti-
the festival was sometimes called (3ov<f>6vta), at see- mate connexion with the origin and the develop-
ing the ox eating, snatched the axe, killed the ox, ment of dramatic literature, they are of greater im-
and ran away. The others, as if not knowing who portance to us than any other ancient festival.
had killed the animal, made inquiries, and at last The general character of the festivals of Dionysus
also summoned the axe, which was in the end de- was extravagant merriment and enthusiastic joy,
clared guilty of having committed the murder. which manifested themselves in various ways. The
This custom is said to have arisen from the fol- import of some of the apparently unmeaning and
lowing circumstance In the reign of Erechtheus, : absurd practices in which the Greeks indulged du-
at the celebration of the Dionysia, or, according to ring the celebration of the Dionysia, has been well
the scholiast on Aristophanes,' at the Diipolia, an " The intense desire felt
explained by Miiller :* by
ox ate the cakes offered to the god, and one Baulon every worshipper of Dionysus to fight, to conquer,
or Thaulon, or, according to others, the (3ov<j>6vof, to suffer in common with him, made them regard
killed the ox with an axe and fled from his coun- the subordinate beings (Satyrs, Pans, and Nymphs,
try. The murderer having thus escaped, the axe by whom the god himself was surrounded, and
was declared guilty, and the rite observed at the through whom life seemed to pass from him into
Diipolia was performed in commemoration of that vegetation, and branch off into a variety of beautiful
event. 7 This legend of the origin of the Diipolia or grotesque forms), who were ever present to the
manifestly leads us back to a time when it had not fancy of the Greeks, as a convenient step by which
yet become customary to offer animal sacrifices to they could approach more nearly to the presence of
the gods, but merely the fruits of the earth. Por- their divinity. The customs so prevalent at the
phyrius also informs us that three Athenian families festivals of Dionysus, of taking the disguise of sa-
had their especial (probably hereditary) functions tyrs, doubtless originated in this feeling, and not in
to perform at this festival. Members of the one the mere desire of concealing excesses under the
drove the ox to the altar, and were thence called disguise of a mask, otherwise so serious and pa-
Ksvrpiudat another family, descended from Baulon,
: thetic a spectacle as tragedy couid never have ori-
and called the POVTVITOI, knocked the victim down ; ginated in the choruses of these satyrs. The de-
and a third, designated by the name dcurpoi, killed it. 8 sire of escaping from self into something new and
DILIGE'NTIA. strange, of living in an imaginary world, breaks
(Vid. CULPA.)
DIMACfLE were Macedonian horse- forth in a thousand instances hi these festivals of
(difia^ai)
soldiers, who also fought on foot when occasion re- Dionysus. It is seen in the colouring the body with
quired. Their armour was heavier than that of the plaster, soot, vermilion, and different sorts of green
ordinary horse-soldiers, and lighter than that of and red juices of plants, wearing goat and deer
the regular heavy-armed foot. A servant accom- skins round the loins, covering the face with large
panied each soldier in order to take care of his leaves of different plants, and, lastly, in the wearing
horse when he alighted to fight on foot. This spe- masks of wood, bark, and other materials, and of
cies of troops is said to have been first introduced a complete costume belonging to the character."
by Alexander the Great.' Drunkenness, and the boisterous music of flutes,
DIMINU'TIO CA'PITIS. (Vid. CAPUT.) cymbals, and drums, were likewise common to all
DTO'BOLOS. (Vid. OBOLOS.) Dionysiac festivals. In the processions called diaooi
DIOCLEI'A (bwKfcia), a festivalcelebrated by (from tfemfu), with which they were celebrated,
the Megarians in honour of an ancient Athenian women also took part, in the disguise of Bacchae,
hero, Diocles, around whose grave young men as- Lenas, Thyades, Naiades, Nymphs, &c., adorned
sembled on the occasion, and amused themselves with garlands of ivy, and bearing the thyrsus in
with gymnastic and other contests. read that We their hands (hence the god was sometimes called
he who gave the sweetest kiss obtained the prize, QrjMftopQoc), so that the whole train represented a
10
consisting of a garland of flowers. The scholiast population inspired, and actuated by the powerful
on Theocritus 11 relates the origin of this festival as presence of the god. The choruses sung on the oc-
follows Diocles, an Athenian exile, fled to Megara,
:
casion were called dithyrambs, and were hymns ad-
where he found a youth with whom he fell in love. dressed to the god in the freest metres and with
In some battle, while protecting the object of his the boldest imagery, in which his exploits and
love with his shield, he was slain. The Megarians achievements were extolled. (Fid. CHORUS.) The
honoured the gallant lover with a tomb, raised him phallus, the symbol of the fertility of nature, was
to the rank of a hero, and, in commemoration of his also carried in these processions, and men dia-
1
pare Crcuzer's Mythol. und Symbol., i., p. 172 ; iv., p. 122, <tc.) with th
Cupid. Divit., p. 527, D. Aristoph., Acharti., 229,
9. (Pollux, Onom., i., 132. Curtius, v., 13.) 10. (Theocrit., schol. Herod., ii., 49.) 4. (Hesych., s. v. Athen., JUT., p
Idyll., xii., 27. &c.) 11. (I.e.) 622.)
363
DIONYSIA. DIONYSIA.
phalius A woman called A(t>o0<5pof carried the the restoration of tragic choruses to Dionysus u
1
~dnvov, a long basket containing the image of the Sicyon.
god. Maidens of noble birth (Kavq^opoi) used to The second festival, the Lenaa (from ^rjvof, the
carry figs in baskets, which were sometimes of wine-press, from which, also, the month of Game-
gold, and to wear garlands of figs round their necks. 1 lion was called by the lonians Lenaeon), was cde-
The indulgence was considered by the
in drinking brated in the month of Gamelion; the place of its
Greeks as a duty of gratitude which they owed to celebration was the ancient temple of Dionysus
the giver of the vine hence in some places it was
;
Limnaeus (from hifivri, as the district was originally
thought a crime to remain sober at the Dionysia.* a swamp, whence the god was also called ht/jtvaye'
The Attic Dionysus were four in num-
festivals of VTJC). This temple, the Lenaeon, was situate south
ber 1
the Atovvcria nar dypovf, or the rural Dionysia,
: of the theatre of Dionysus, and close by it. 1 The
the A.f]vaia, tho 'Avdcarf/pia, and the Aiovvaia iv Lenaea were celebrated with a procession and scen-
uarei. After Ruhnken 3 and Spalding* had declared ic contests in tragedy and comedy. 3 The process-
the Anthcsteria and the Lenaea to be only two ion probably went to the Lenaeon, where a goat
names for one and the same festival, it was gener- (rpayof, hence the chorus and tragedy which arose
ally taken for granted that there could be no doubt out of it were called rpayiKOs xP
an(l Tpayydia)
as to the real identity of the two, until in 1817, A. was sacrificed, and a chorus standing around the
Bockh read a paper to the Berlin Academy, 8 in altar sang the dithyrambic ode to the god. As the
which he established by incontrovertible arguments dithyramb was the element out of which, by the in-
the difference between the Lenaea and Anthesteria. troduction of an actor, tragedy arose (vid. CHORDS),
An abridgment of Bockh's essay, containing all it is natural that, in the scenic contests of this fes-
that is necessary to form a clear idea of the whole tival, tragedy should have preceded comedy, as we
question, is given in the Philological Museum.
6
see from the important documents in Demosthenes. 4
The season of the year sacred to Dionysus was du- The poet who wished his play to be brought out at
ring the months nearest to the shortest day, and
7
the Lenaea applied to the second archon, who had
the Attic festivals were accordingly celebrated in the superintendence of this festival as well as the
the Poseideon, Gamelion (the Lenaeon of the loni- Anthesteria, and who gave him the chorus if the
ans), Anthesterion, and Elaphebolion. piece was thought to deserve it.
The Aiovvaia KO.T' dypovr or fiiKpd, the rural or The third Dionysiac festival, the Anthcsteria, was
lesser Dionysia, a vintage festival, were celebrated celebrated on the 12th of the month of Anthesteri-
in the various denies of Attica in the month of Po- on that is to say, the second day fell on the 12th,
;
seideon, and were under the superintendence of the for it lasted three days, and the first fell on the llth,*
several local magistrates, the demarchs. This was and the third on the 13th. 7 The second archon su-
doubtless the most ancient of all, and was held with perintended the celebration of the Anthesteria, and
the highest degree of merriment and freedom even ;
distributed the prizes among the victors in the vari-
slaves enjoyed full freedom during its celebration, ous games which were carried on during the sea-
and their boisterous shouts on the occasion were son. 8 The first day was called mdotyia the sec- ;
almost intolerable. It is here that we have to seek ond, ^ocf; and the third, xvrpoi.
9
The fiist day de-
for the origin of comedy, in the jests and the scur- rived its name from the opening of the casks to taste
rilous abuse which the peasants vented upon the the wine of the preceding year the second from ;
by-standers from a wagon in which they rode about XOVG, the cup, and seems to have been the day de-
{/cwuof ty' anaZuv}.
9
Aristophanes calls the comic voted to drinking. The ascolia seem to have been
poets rpvyudoi, lee-singers, and comedy, rpvyydla, played on this day. (Vid. ASCOLIA.) read inWe
lee-song
9
from the custom of smearing the face
;
Suidas 10 of another similar amusement peculiar to
with lees of wine, in which the merry country people this day. The drinker placed himself upon a bag
mdulged at the vintage. The ascolia and other filled with air, trumpets were sounded, and he who
amusements, which were afterward introduced into emptied his cup quickest, or drank most, received
the city, seem also originally to have been peculiar as his prize a leather bag filled with wine and a
11
to the rural Dionysia. The Dionysia in the Piraeus, garland, or, according to ^Elian, a golden crown. 11
as well as those of the other denies of Attica, be- The Ku/iof e0' a/zafwv also took place on this day,
longed to the lesser Dionysia, as is acknowledged and *he jests and abuse which persons poured forth
both by Spalding and Bockh. Those in the Piraeus on this occasion were doubtless an imitation of tho
were celebrated with as much splendour as those amusements customary at the rural Dionysia. Athe-
in the city for we read of a procession, of the per-
;
naeus 13 says that it was customary on the day of the
formance of comedies and tragedies, which at first Choes to send on to sophists their salaries and
may have been new as well as old pieces but ; presents, that they too might enjoy themselves with
when the drama had attained a regular form, only their friends. The third day had its name from
old pieces were represented at the rural Dionysia. xvrpoc, a pot, as on this day persons offered pots
Their liberal and democratical character seems to with flowers, seeds, or cooked vegetables, as a sac-
1*
have been the cause of the opposition which these rifice to Dionysus and Hermes Chthonius. With
festivals met with, when, in the time of Pisistratus, this sacrifice were connected the uyuvc^ x^ TP>- v01
Thespis attempted to introduce the rural amuse- mentioned by the scholiast on Aristophanes," in
ments of the Dionysia into the city of Athens. 10 which the second archon distributed the prizes.
l"hat in other places, also, the introduction of the Slaves were permitted to take part in the general
worship of Dionysus met with great opposition, rejoicings of the Anthesteria ; but at the close of
must be inferred from the legends of Orchomenos, the day they were sent home with the word? #t>
'
Thebes, Argos, Ephesus, and other places. Some- pafr, Kapef, OVK eY
thing similar seems to be implied in the account of
1.(Herod., v., 67.) 2. (Schol. ad Aristoph., Ran., 480.) 3
1. (Aristoph., Acharn., 1. c. Lysistr., 647.
Natal. Com., v. (Demosth., c. Meid., p. 517.) 4. (1. c.) 5. (Thucyd., ii., 15.)
13.) 2. (Lucian, Do Calumn., (Auctar. ad Hesych.
16.) 3. 6. (Suidas, s. v. Xo&.) 7. (Philoch. ap. Suid., s. v. Xu'rpoc.)
torn, i., p. 199.) 4. (Abhandl. der Berl. Acad. von 1804-1811 8. (Aristoph., Acharn., 1143, with the schol.) 9. (Harpocrat
p. 70, <fcc.) 5. (" Vom Unterscheide der Attischen Lenaeen and Suidas, s. v. Schol. ad Aristoph., Ran., 219. Athen., x.,
Anthesterien, vmd Ifludl. Dionysien," published in 1819, in the p. 437; vii.,p.276; iv., p. 129.) 10. (s. v. 'Africa?). 11. (V. H.,
Abhandl. der Berl. Acad.) 6. (vol. ii., p. 273, &c.) 7. (Plut. ii., 41.) 12. (Aristoph., Acharn., 943, with the schol.) 13. (j.,
De E< ap. Delph., 9.) 8. (Vesp., 620 and 1479.) 9. (Acham. p. 437.) 14. (Schol. id Aristoph., Acharn., 1C09. Suidas, a. v.
184, 834. Athen., ii., p. 40.) 10. (Pht., Sol , c. 29, 30. Diog XVTOOI.} 15. (Ran., 220.) 16. (Hesych., s. i 6npas. Proclw
.
It is unceitain wiiether dramas were performed at was not only visited by numbers of country peopl^
the Anthesteria but Bockh supposes that comedies
;
but also by strangers from other parts of Greece j
were represented, and that tragedies which were and the various amusements and exhibitions on thi
to be brought out at the great Dionysia were per- occasion were not unlike those of a modern fair. 1
haps rehearsed at the Antheateria. The mysteries Respecting the scrupulous regularity, and the enor
connected with the celebration of the Anthesteria mous sums spent by the Athenians on the celebra-
'
were held at night, in the ancient temple kv At/zvuif, tion of these and other festivals, see Demosthene?
which was opened only once a year, on the 12th of As many circumstances connected with i.'^e celebia-
Antheetsrion. They were likewise under the su- tion of the Dionysia cannot be made clear without
perintendence of the second archon and a certain entering into minute details,
we must refer the read-
number of exifi&rjTai. He appointed fourteen priest- er to Bockh's essay.
esses, called yepaipai or yepapai, the venerable, who The worship of Dionysus was almost universal
conducted the ceremonies with the assistance of among the Greeks in Asia as well as in Europe, and
one other priestess. 1 The wife of the second archon the character of his festivals was the same every-
for the where, only modified by the national differences of
((iaaihtaaa) offered a mysterious sacrifice
welfare of the city she was betrothed to the god the various tribes of the Greeks. It is expressly
;
in a secret solemnity, and also tendered the oath to stated that the Spartans did not indulge so much in
8
the geraerae, which, according to Demosthenes, ran drinking during the celebration of the Dionysia as
thus " I am pure and unspotted by anything that pol- other Greeks. The worship of Dionysus was in gen-
3
:
lutes, and have never had intercourse with man. I eral, with the exception of Corinth, Sicyon, and the
will solemnize the Theognia and lobakcheia at their Doric colonies in southern Italy, less popular among
of Greece.* It
proper time, according to the laws of my ancestors." the Doric states than in other parts
The admission to the mysteries, from which men was most enthusiastic in Bceotia, in the orgies on
were excluded, took place after especial prepara- Mount Cithaeron, as is well known from allusions
tions, which seem to have consisted in purifications and descriptions in several Roman poets. That the
by air, water, or fire.' The initiated persons wore extravagant merriment, and the unrestrained
con-
skins of fawns, and sometimes those of panthers. duct with which all festivals of this class were cel-
Instead of ivy, which was worn in the public part ebrated, did, in the course of time, lead to the
of the Dionysia, the mystae wore myrtle.* The greatest excesses, cannot be denied but we must, ;
sacrifice offered to the god in these mysteries con- at the same time, acknowledge that such excesses
sisted of a sow, the usual sacrifice of Demeter, and did not occur until a comparatively late period. At
in some places of a cow with calf. It is more than a very early period of Grecian history, Bacchic fes-
probable that the history of Dionysus was symbol- tivals were solemnized
with human sacrifices, and
ically represented in these mysteries, as the history
traces of this custom are discernible even untiJ
of Demeter was acted in those of Eleusis, which very late. In Chios this custom was superseded
were in some respects connected with the former. 8 by another, according to which the Bacchae were
The fourth Attic festival of Dionysus, Atovvaia obliged to eat the raw pieces of flesh of the victim
h aorei, uariKti or peyuXa, was celebrated about the which were distributed among them. This act was
12th of the month of Elaphebolion ;' but we do not called u/io<l>ayia, and Dionysus derived from it the
know whether they lasted more than one day or name of upddios and uprjaTTJc. There was a report
not. The order in which the ceremonies took place that even Thernistocles, after the battle of Salamis,
1
was, according to the document in Demosthenes, as sacrificed three noble Persians to this divinity.
follows The great public procession, the chorus
: But Plutarch's account of this very instance, if
of boys, the /cw/zo? (vid. CHORUS), comedy, and, last- true, shows that at this time such savage rites weie
ly,tragedy. We
possess in Athenaeus* the descrip- looked upon with horror.
.ion of a great Bacchic procession, held at Alexan- The worship of Dionysus, whom the Romans
drea in the reign of Ptolemaeus Philadelphus, from called Bacchus, or, rather, the Bacchic mysteries
which we may form some idea of the great Attic and orgies (Bmxhanalia), are said to have been in-
procession. It seems to have been customary to troduced from southern Italy into Etruria, and from
represent the god by a man in this procession. Plu- thence to Rome,' where for a time they were car-
8
tarch, at least, relates that, on one occasion, a beau- ried on in secret, and, during the latter part of their
tiful slave of Nicias represented Dionysus.' ri- A existence, at night. The initiated, according to
diculous imitation of a Bacchic procession is de- Livy, did not only indulge in feasting and drinking
scribed in Aristophanes.
10
Of the dramas which at their meetings, but, when their minds were heat-
were performed at the great Dionysia, the tragedies, ed with wine, they indulged in the coarsest excess-
at least, were generally new pieces repetitions do
;
es and the most unnatural vices. Young girls and
not, however, seem to have been excluded from any youths were seduced, and all modesty was set
Dionysiac festival. The first archon had the super- every kind of vice found here its full satis-
aside ;
intendence, and gave the chorus to the dramatic But the crimes did not remain confined to
faction.
poet who wished to bring out his piece at this festi- these meetings their consequences were manifest
:
val. The prize awarded to the dramatist for the in all directions for false witnesses, forgeries, false
;
best play consisted of a crown, and his name was wills, and denunciations proceeded from this focus
Strangers of crime. Poison and assassination, were carried
11
proclaimed in the theatre of Dionysus.
were prohibited from taking part in the choruses of on under the cover of this society and the voices ;
boys. During this and some other of the great At- of those who had been fraudulently drawn into
tic festivals, prisoners were set free, and nobody these orgies, and would cry out against the shame-
was allowed to seize the goods of a debtor but a less practices, were drowned by the shouts of the
;
war was not interrupted by its celebration. 18 As the Bacchantes, and the deafening sounds of drums and
great Dionysia were celebrated at the beginning of cymbals.
spring, when the navigatior was reopened, Athens The time of initiation lasted ten days, during
11.
(Pollux, Onom., viii., 9.) 2. (c. Neaer., p. 1371, 22.) 3. 1. Areop., p. 203, ed. Bekker. Xen., Hicro, i.,
(Isocr.,
2. (Philip., i., p.
(Serv. ad JBn., vl., 740. Paus., is., 20, <) 4. Liv., xxxix., 13.) Compare Becker, Charikles, ii., p. 237, seqq.)
wuich a person was obliged to abstain from all sex- thrown into prison, others were pu to death. The
ual intercourse on the tenth he took a solemn
;
women were surrendered to their parents 01 hus-
meal, underwent a purification by water, and was bands, that they might receive their punishment in
led into the sanctuary (Bacchanal). At first only private. The consuls then were ordered by tr.e
women were initiated, and the orgies were celebra- senate to destroy all Bacchanalia throughout Rome
ted every year during three days. Matrons alter- and Italy, with the exception of such altars or str.t-
nately performed the functions of priests. But Pac- ues of the god as had existed there from ancient
ula Annia, a Campanian matron, pretending to act times. In order to prevent a restoration of the Bac-
under the direct influence of Bacchus, changed the chic orgies, the celebrated decree of the senate (Se-
whole method of celebration she admitted men to : natus auctoritas de Bacchanalibus) was issued, com?
the initiation, and transferred the solemnization, manding that no Bacchanalia should be held either
which had hitherto taken place during the daytime, in Rome or Italy that if any one should think such
;
to the night. Instead of three days in the year, she ceremonies necessary, or if he could not neglect
ordered that the Bacchanalia should be held during them without scruples or making atonements, he
five days in every month. It was from the time should apply to the praetor urbanus, who might then
that these orgies were carried on after this new consult the senate. If the permission should be
plan that, according to the statement of an eye- granted to him in an assembly of the senate, con-
1
witness, licentiousness and crimes of every de- sisting of not less than one hundred members, he
scription were committed. Men as well as women might solemnize the Bacchic sacra but no more ;
indulged in the most unnatural appetites, and those than five persons were to be present at the celebra-
who attempted to stop or to oppose such odious tion there should be no common fund, and no
;
proceedings fell as victims. It was, as Livy says, master of the sacra or priest. 1 This decree is also
a principle of the society to hold every ordinance of mentioned by Cicero. 2 A brazen table containing
God and nature in contempt. Men, as if seized by this important document was discovered near Bari,
fits of madness, and under great convulsions, gave in southern Italy, in the year 1640, and is at present
oracles and the matrons, dressed as Bacchae, with
: in the imperial Museum of Vienna. A copy of it is
3
dishevelled hair and burning torches in their hands, given in Drakenborch's edition of Livy.
ran down to the Tiber and plunged their torches We have, in our account of the Roman Baccha-
into the water; the torches, however, containing nalia, closely followed the description given by Livy,
sulphur and chalk, were not extinguished. Men which may, indeed, be somewhat exaggerated ; but,
who refused to take part in the crimes of these or- considering the difference of character between the
gies were frequently thrown into dark caverns and Greeks and Romans, it cannot be surprising that a
despatched, while the perpetrators declared that festival like the Dionysia, when once introduced
they had been carried off by the gods. Among the among the Romans, should have immediately de-
number of the members of these mysteries were, generated into the grossest and coarsest excesses.
at the time when they were suppressed, persons of Similar consequences were seen immediately aftei
all classes and .during the last two years, nobody
;
the time when the Romans were made acquainted
had been initiated who was above the age of twen- with the elegance and the luxuries of Greek life for, ;
ty years, as this age was thought most fit for seduc- like barbarians, they knew not where to stop, and
tion and sensual pleasure. became brutal in their enjoyments. But whether the
In the year B.C. 186, the consuls Spurius Postu- account of Livy be exaggerated or not, thus mud:
taius Albinus and Q. Marcius Philippus were in- is certain, that the Romans, ever since the time of
formed of the existence of these meetings, and, af- the suppression of the Bacchanalia, considered these
ter having ascertained the facts mentioned above, orgies as in the highest degree immoral and licen-
9
they made a report to the senate. The senate, tious, as we see from the manner in which they ap-
alarmed by this singular discovery, and although plied the words derived from Bacchus, e. g., bacchor,
dreading lest members of their own families might bacchans, bacchatio, lacchicus, and others. But the
be involved, invested the consuls with extraordina- most surprising circumstance in the account of
ry power, to inquire into the nature of these noc- Livy is, that the Bacchanalia should have been cel-
turnal meetings, to exert all their energy to secure ebrated for several years in the boisterous manner
the priests and priestesses, to issue a proclamation described above, and by thousands of persons, with-
throughout Rome and Italy, forbidding any one to out any of the magistrates appearing to have been
be initiated in the Bacchic mysteries, or to meet aware of it.
for the purpose of celebrating them but, above all ;
While the Bacchanalia were thus suppressed, an-
things, to submit those individuals who had already other more simple and innocent festival of Bacchus,
been secured to a rigid trial. The consuls, after the Liberalia (from Liber or Liber Pater, a name of
having given to the subordinate magistrates all the Bacchus), continued to be celebrated at Rome every
necessary instructions, held an assembly of the peo- year on the 16th of March.* A description of the
ple, in which the facts just discovered were ex- ceremonies customary at this festival is given by
6 6
plained to the public, in order that the objects of the Ovid, with which may be compared Varro. Priests
proceedings which were to take place might be and aged priestesses, adorned with garlands of ivy,
known to every citizen. A reward was at the same carried through the city wine, honey, cakes, and
time offered to any one who might be able to give sweetmeats, together with an altar with a handle
farther information, or to name any one that be- (ansata ara), in the middle of which there was a
longed to the conspiracy, as it was called. Meas- small firepan (foculus), in which, from time to time,
ures were also taken to prevent any one from leav- sacrifices were burned. On this day Roman youths
ing Italy. During the night following, a number of who had attained their sixteenth year received the
persons were apprehended many of them put an 7
;
toga virilis. That the Liberalia were celebrate .
end to their own lives. The whole number of the with various amusements and great merrimen:,
initiated was said to be 7000. The trial of all might be inferred from the general character of Di-
those who were apprehended lasted thirty days. onysiac festivals but we may also see it from the
;
Rome was almost deserted, for the innocent as name Ludi Liberates, which is sometimes used in-
well as the guilty had reason to fear. The punish-
8
stead of Liberalia; and Nsevius expressly says
ment inflicted on those who were convicted varied
according to the degree of their guilt some were
1. 2. (De Leg., ii., 15.) 3. (torn, vii.,
;
(Liv., xxxix., 18.) p.
197, seqq.) 4. (Ovid, Fast., iii., 713.) 5. (I. c.) 6. (De Lin*.
1. (Liv., xxiix., 13.)2 'Liv., mix., 14.) Lat., v. 55, eel Bipont.) 7. (Cic. ad Att. f M., 1.) 8. lap Fesf.^
366
DIPLOMA. DISCUS.
that persons expressed themselves very freely at These writs were especially given to public
the Liberalia. St. Augustine 1 even speaks of a high iers,or to those who wished to procuie the u*e of
degree of licentiousness carried on at this festival. the public horses or carriages. 1 The tabellarii of
*DIOS ANTHOS
(Ato? uvdof), a plant. Sprengel the emperor would naturally always have a diplo-
conjectures that it was the Agrostemmo, Flos Jovis ; ma ; whence we read in an inscription 8 of a diploma
but Stackhouse hesitates between the Agrostemma rius tabellarius.
and the Diantlius Curyophyllus, or Carnation." AlUPfiPOI NHES (ofapupoi vijtf). (Vid. ABW
DIOSCU'llIA (AioaKovpia), festivals celebrated in HPTMNOI NHES.)
various parts of Greece in honour of the Dioscuri. DIP'TYCHA (ditrrvxa) were two Writing tablets
The Spartan Dioscuria mentioned by Pausanias 3 which could be folded together. Herodotus' speaks
and Spanheim,* were celebrated with sacrifices, re- of a deXrtov diirrv^ov made of wood, and coveied
joicings, and drinking. At Cyrene the Dioscuri were over with wax.* The diptycha were maue of dif-
likewise honoured with a great festival.* The Athe- ferent materials, commonly of wood, but sometimes
nian festival of the Dioscuri has been described un- of ivory.
der ANACEIA. Their worship was very generally Under the Empire, it was the custom of the con-
adopted in Greece, especially in the Doric and suls and other magistrates to distribute among their
Achaean states, as we conclude from the great num- friends and the people, on the day on which they
ber of temples dedicated to them but scarcely any- ; entered on their office, tablets, called respectively
thing is known respecting the manner in which their diptycha consularia, prcztoria, adilitia, &c., which
festivals were celebrated. were inscribed with their names, and contained
*DIOS'PYRUS (Ai6<T7Tt>pof), according to Stack- their portraits. Several of these diptycha are given
house, the Diospyrus Lotus ; but Schneider doubts by Montfaucon.'
whether the fruit of the latter agrees in character DIRECTA ACTIO. (Vid. ACTIO, p. 17.)
with the description of the dioanvpof as given by DIRIBITO'RES are said by most modern writers
6
Theophrastus. to have been the persons who gave to the citizens
DIO'TA was a vessel containing two ears (WTO) the tabella with which they voted in the comitia (vid.
or handles, used for holding wine. It appears to COMITIA, p. 297) but Wunder has most distinctly
;
sisted of two leaves, whence it derived its name. game, 1 * also proves its very high antiquity.
The discus was ten or twelve inches in diameter,
1. (De Civ. Dei, vii., 21.) 2. (Theophrasfc., vi., 1; vi., 6. so as to reach above the middle of the forearm when
Adams, Append., a. v.) 3. (iv., 27, $ 1, compared with iii., 16, held in the The object was to throw it
$ 3 4. (ad Callim., Hymn, in Pall., 24.)
>
5. (Schol. ad Find., right hand.
Pyth., v., (529.) 6. (Theophrast., H. P., iii., 13. Adams, Ap-
pend., s. v.) 7. (Hor., Carm., I., ix., 9.) 8. (Dioscor., v., 119. 1. (Plin., Ep., i., 14, 121. Compare x., 54, 55.) 2.
(C*tlli.
Paul. JEgin., vii., 3. Adams, Append., s. v.) 9. (Dioscor., No. 2917.) 3. (vii., 239.) 4. (Compare Pollux, 18.) 5
iv.,
iii., 11.
Adams, Append., s. v.) 10. (^Elian, N. A., vi., 51. (Codex Theod., 15, tit. 9, s. 1.) 6. (Antiq. Expl., Suppl., vol
Lucan, ix., 610. Adams, Append., s. v.) 11. (Aristoph., Nub., iii., p. 220, <tc.) 7. (p. cxxvi.-clviii.) 8. (Cic., Pro Plane., 20;
72. Schol. ad loc. Vesp., 444. Plato, Crit., p. 53. Lucian, ad Qu. Frat., iii., 4, $ 1. Varro, De Re Rust., hi., 2,
10. (Find ,Isth.,i.,34.)
; H
iii.,
11. (Mart.,
Tim., c. 12.) 12. (Onom., vii., 70.) 13. (Becker, Charikles, 5, $ 18.) 9. (in Pis., 15.)
ii., 14. (Cic. ad Fam., vi., 12 ; ad Att., x. 17 ; c. Pis.,
p. 359.) xiv., 164.) 12. (Horn., 11., ii., 774. Od., vi., 626 ; viii., 129,
13. (Grid,
37. Sen., Ben., vii., 10. Suet., Cal , 38 ; Ner., 12 ; Oth., 7. 186-188; xvii., 168. Eurip., Iph. in Aul., 200.)
Dip. 48. St. 10. a. 27.) !5. (Suet., Octav.. 50.) Met., x., 17-219.)
MT.7
DISCUS DIVINATIO
trom a fixed spot to the greatest distance and in : and forcible swinging of the whole body. The same
doing this, each player had a friend to mark the point stone is taken by all, as in the case of the ancient
at which the discus, when thrown by him, struck discus and ao>Mq he who sends it to the greatest
:
the ground, as is done by Minerva on behalf of distance receives a public prize. The stone is lifted
Ulysses when he contends with the Phasacians
l
;
as high as the right shoulder (see woodcut KUTU- ;
ounding it. As each man took his station, with ing to Chrysippus,* a power in man which foresees
his body entirely naked, on the /3aA6tf, he placed his and explains those signs which the gods throw in
right foot forward, bending his knee, and resting his way, and the diviner must therefore know the
principally on this foot. The discus being held, disposition of the gods towards men, the import ol
ready to be thrown, in his right hand, he stooped, their signs, and by what means these signs are to
turning his body towards it, and his left hand was be obtained. According to this latter definition, the
4
naturally turned in the same direction. This atti- meaning of the Latin word divinatio is narrower
tude was represented by the sculptor Myron in one than that of the Greek {MavTiKr/, inasmuch as the
of his works, and is adduced by Quintilian* to show latter signifies any means by which the decrees of
how much greater skill is displayed by the artist, the gods can be discovered, the natural as well as
and how much more powerful an effect is produced the artificial that is to say, the seers and the ora-
;
on the spectator, when a person is represented in cles, where the will of the gods is revealed by inspi
action, than when he is at rest or standing erect. ration, as well as the divinatio in the sense of Chry-
We fortunately possess several copies, more or less sippus. In the one, man is the passive agent
entire, of this celebrated statue ; and one of the best through which the deity reveals the future ; while
of them is in the British Museum (see the annexed in the other, man discovers it by his own skill or
woodcut). represents the player just ready to
It
experience, without any pretension to inspiration.
swing round his outstretched arm, so as to describe As, however, the seer or vates was also frequently
with it a semicircle in the air, and thus, with his called divinus, we shall treat, under this head, of
collected force, to project tho discus at an angle of seers as well as of other kinds of divinatio. The
forty- fi\(i degrees, at the same time springing for- subject of oracles is discussed in a separate article.
ward to as to give it the impetus of his whole body. (Vid. ORACULUM.)
" vasto
Di*<iuai contorquet turbine, et ipse prosequi- The belief that the decrees of the divine will
were occasionally revealed by the deity himself, or
could be discovered by certain individuals, is one
which the classical nations of antiquity had, in com-
mon with many other nations, before the attainment
of a certain degree of intellectual cultivation. In
early ages such a belief was natural, and perhaps
founded on the feeling of a very close connexion
between man, G6d, and nature. But in the course
of time, when men became more acquainted with
the laws of nature, this belief was abandoned, at
least by the more enlightened minds, while the mul-
titudes still continued to adhere to it and the gov- ;
ported it.
The
seers or //avraf, who, under the direct influ-
ence of the gods, chiefly that of Apollo, announced
the future, seem originally to have been connected
with certain places where oracles were given but ;
seen by us and to a flat round plate used to hold knowledge. In many families of seers the inspired
;
meat, whence the English dish. knowledge of the future was considered to be he-
father to son
Sometimes a heavy mass of a spherical form (cb- reditary, and to be transmitted from
2,of) was used instead of a discus, as when the
To these families belonged the lamids, 5 who from
Greeks at the funeral games contended for a lump Olympia spread over a considerable part of Greece ;
6
the Eumolpids, at
of iron, which was to be given to him who could the Branchidae, near Miletus 7
;
throw it farthest. 8 The croXof was perforated in the Athens and Eleusis the Clytiads, the Telliads,' ;
L (Od., viii., 186-200.) 2. (Stat., Theb., 'i., 703.) 3. (II., 1. (H., xxiii,, 431.) 2 (Ebel, Schilderung der Gebirgsvfilkct
4. (Cir,., IH
i., p. 174.) -3. (De Divin., i.,
der Schweitz, 1.)
rriii., 431, 523.)- -4. (Philostr. Sen., Imag., i., 24. Welcker, ad
5. (Inst. Or., ii., 13, $ 10.) 6. (Statins, 1. c.) 7. (Brunck., Divin., ii., 63.) 5. (Paus, in., 11, $ 5, &c. Bockh ad Find.,
Joe.)
8. (II. ,xxiii., 826-846.) 9. (Eratosth., Bem- OL, vi., p. 152.) 6. (Conon., 33.) 7. (Paus., vi., 17, * 4.) 8
Ai.il., ii., p. 494.)
(Herod., viii., 27. Paus., x., 1, $ 4,
&c. Herod., ix., 37.)
fcardy, p. 251.)
sag
DIV1NATIO DIVINATIO.
t> prevent some calamity or to stimulate their coun- pretation of numberless signs and phenomena. No
rymen to something beneficial. The civil govern- public undertaking of any consequence was ever
ment of Athens not only tolerated, but protected entered upon by the Greeks and Romans without
and honoured them and Cicero says, that the man- consulting the will of the gods, by observing the
;
1
teis were present in all the public assemblies of the signs which they sent, especially those in the sac-
Athenians. 2 Along with the seers we may also rifices offered for the purpose, and by which they
mention the Bacides and the Sibyllae. Both existed were thought to indicate the success or the failure
from a very remote time, and were distinct from of the undertaking. For this kind of divination no
the manteis so far as they pretended to derive their divine inspiration was thought necessary, but mere-
kno\vledge of the future from sacred books (xprjapol) ly experience and a certain knowledge acquired by
which they consulted, and which were in some pla- routine ;
and although, in some cases, priests were
ces, as at Athens and Rome, kept by the govern- appointed for the purpose of observing and explain-
ment or some especial officers, in the acropolis and ing signs (vid. AUGUR, HARUSPEX), yet on any sud-
in the most revered sanctuary. Bacis was, accord- den emergency, especially in private affairs, any
ing to Pausanias,' in Bceotia, a general name for a one who met with something extraordinary might
man inspired by nymphs. The scholiast on Aris- act as his own interpreter. The principal signs by
tophanes* and ^Elian* mention three oiiginal Baei- which the gods were thought to declare their will,
des, one of Eleon in Boeotia, a second of Athens, were things connected with the offering of sacrifi-
and a third of Caphys in Arcadia.' From these ces, the flight and voice of birds, all kinds of nat-
three Bacides all others were said to be descended, ural phenomena, uidinary as well as extraordinary
and to have derived their name. Antichares, 7 Mu- and dreams.
8 9
saeus, Euclous of Cyprus, and Lycus, son of Pan- The interpretation of signs of the first class (iepo
10
dion, probably belonged to the Bacides. The Sib- (lavreia or lepoaKoma, haruspicium or ars haruspicina)
1
yllaewere prophetic women, probably of Asiatic or- was, according to .^Eschylus, the invention of Pro-
igin, whose peculiar custom seems to have been to metheus. It seems to have been most cultivated bj
wander with their sacred books from place to place. 11 the Etruscans, among whom it was raised into a
^Elian 1 * states that, according to some authors, complete science, and from whom it passed to the
there were four Sibyllae, the Erythraean, the Sa- Romans. Sacrifices were either offered for the
mian, the Egyptian, and the Sardinian but that special purpose of consulting the gods, or in the or-
;
others added six more, among whom there was one dinary way but in both cases the signs were ob-
;
called the Cumasan, and another called the Jewish served, and when they were propitious, the sacri-
13 1*
Sibylla. Compare Suidas, and Pausanias, who fice was said KaM*,i.epeiv. The principal points that
has devoted a whole chapter to the Sibyllae, in were generally observed were, 1. The manner in
which, however, he does not clearly distinguish be- which the victim approached to the altar, whether
tween the Sibyllae properly so called, and other wom- uttering a sound or not the former was consider- ;
en who travelled about and made the prophetic art ed a favourable omen in the sacrifice at the Panio-
their profession, and who seem to have been very nium. 8 2. The nature of the intestines with re-
numerous in all parts of the ancient world. 14 The spect to their colour and smoothness 3 the liver ;
Sibylla whose books gained so great an importance and bile were of particular importance. (Vid. CAFUT
at Rome was, according to Varro, 16 the Erythraean EXTORUM.) 3. The nature of the flame which con-
:
the Uicks which she was said to have sold to one sumed the sacrifice ;* hence the words nvpoftavTeia,
of the Tarquins were carefully concealed from the ifjLirvpa aripaTa, faoyunu arifiara. That the smoke
public, and only accessible to the duumvirs. The rising from the altar, the libation, and various other
early existence of the Sibyllae is not as certain as things offered to the gods, were likewise considered
that of the Bacides but in some legends of a late as a means through which the will of the gods might
;
date they occur even in the period previous to the be learned, is clear from the names KairvouavTtia,
Trojan war, and it is not improbable that at an Aidavofiavreia, Kpido/iavTeia, and others. Especial
early period every town in Greece had its prophe- care was also taken, during a sacrifice, that no inau-
cies by some Bacis or Sibylla." They seem to spicious or frivolous words were uttered by any of the
have retained their celebrity down to the time of by-standers hence the admonitions of the priests,
:
prophetesses, there were numbers of diviners of an not only thought to pollute and profane the sacred
inferior order (xpqanoMyia), who made it thei T act, but to be unlucky omens (dvaQq/ita, tch-yd >tf,
business to explain all sorts of signs, and to tell <j>ijnai, Quvat, or 6//0<u' 5 ).
fortunes. They were, however, more particularly The art of interpreting signs of the second class
popular with the lower orders, who are everywhere was called <Awumn t augurium or auspicium. It
most ready to believe what is most marvellous and was, like the former, common to Greeks and Ro-
least entitled to belief. This class of diviners, mans, but was never developed into so complete a
however, does not seem to have existed until a system by the former as by the latter nor did it ;
19
comparatively late period, and to have been looked ever attain the same degree of importance in Greece
upon, even by the Greeks themselves, a? nuisances as it did at Rome. (Vid. AUSPICIUM.) The Greeks,
to the public. when observing the flight of birds, turned their face
These soothsayers lead us naturally to the mode towards the north, and then a bird appearing to the
of divination, of which such frequent use was made right (east), especially an eagle, a heron, or a fal-
by the ancients in all the affairs of public and pri- con, was a favourable sign,* while birds appearing
vate life, and which chiefly consisted in the inter- to the left (west) were considered as unlucky signs.'
Sometimes the mere appearance of a bird was
1. (De Divinat., i., 43.) 2. (Compare Aristoph., Pax, 1025,
with the schol. Nub., 325, <fec., and the schol. Lycurg., c. thought sufficient thus the Athenians always con-
:
Leocrat., p. 196.) 3. (x., 12, t> 6, compared with iv., 27, t) 2.) sidered the appearance of an owl as a lucky sign ;
4. (Pax, 1009.) 5. (V. II., xii., 35.) 6. (Compare Aristoph., hence the proverb, y/,at> Inrarai, " the owl is out,"
Equit., 123, 998. Aves, 963. Clem. Alex., Strom., i., 398.) 7.
(Hen>d., v., 43.) 8. (Herod., vii., 6.) 9. (Paus., x., 12, I)6.) 1. (Prom. Vinct., 492, &c.) 2 (Strab., viii , p. 384. Com
10. (Paas., 1. c.) 11. (Liv., i., 7.) 12. (V. II., xii., 35.) 13. pare Paus., iv., 32, i) 3.) 3. (^Escc., Rom., 493 Eurip., Elect
;*. v Si'6uX>ot > 14. (x., 12.) 15. (Clem. Alex., Strom., i., 833.)-^. (See Valckenaer ad Eurip., Phoen., 1261.) 5. (Find,
?)Q)_16 v aj Lactant ; 6.) 17. (Paus., 1. c.) 18. (See OL, vi., 112. II., ii., 41 ; 6 (Horn., 11., xiv., 274, xxiv., 310
N'iebuhr, Hist, ol Rome r 503, &c.)
. 19. (Thucyd., ii., 21. Od., XT., 52407'. (Horn, H., xii., 201, 230. Festus, s. ?
Anst(. r u < >. Pax 986, 1034. <tc.) Smistrse Aves.)
A A A 369
DIVINATIO.
i. t , we have good luck. Other animals appearing offender. This transaction, by which one of seve
unexpectedly, especially to travellers on their road al accuserswas selected to conduct the accusation
(holta avfidoha), were also thought ominous ; and was called divinatio, as the question here was not
at Athens it was considered a very unlucky omen about facts, but about something which was to be
when a weasel appeared during the assembly of the done, and which could not be found out but by wit-
Superstitions of this kind are still met
1
people. nesses or written documents so that the judices
;
with in several European countries. Various other had, as it were, to divine the course which they
means were used to ascertain the will of the gods, had to take. 1 Hence the oratio of Cicero, in which
such as the aidqpopavTeia, or divination by placing he tries to show that he, and not Q. Caecilius Niger,
straws on red-hot iron the fiohvfyavTeia, by ob-
;
ought to conduct the accusation against Verres, ia
3
serving the figures which melted lead formed the ; called Divinatio in Cacilium.
fioTavopavTtia, or divination by writing one's own DIVI'SOR. (Vid. AMBITUS.)
name on herbs and leaves, which were then ex- DIVO'RTIUM, generally a separation, and, in a
posed to the wind, &c. special sense, a dissolution of marriage. Roman A
Of greater importance than the appearance of an- marriage was dissolved by the death of the wife or
imals, at least to the Greeks, were the phenomena husband, and by divortium or separation in the life-
in the heavens, particularly during any public trans- time of the husband and wife.
action. They were not only observed and interpret- Divorce, or the absolute determination of the mar-
ed by private individuals in their own affairs, but riage relation, always existed in the Roman polity
by the public magistrates. The Spartan ephors, as so far back as we know anything of it and there ;
we learn from Plutarch, 3 made regular observations might be divorce both in the case of a marriage
in the heavens every ninth year during the night ; with conventio in manum, and in the case of a
and the family of the Pythaistae, of Athens, made marriage when there was no conventio, and, conse-
similar observations every year before the theoris quently, the relation of the wife to her own famiiia
set sail for Delos.' Among the unlucky phenomena still continued. The statement of Plutarch, 3 that
in the heavens (dioari/iela, signa or portenta) were the husband alone had originally the power of ef-
thunder and lightning, 4 an eclipse of the sun or fecting a divorce, may be true but we cannot rely
;
6
moon,* earthquakes, rain of blood, stones, milk, altogether on such an authority. As one essential
&c. 7 Any one of these signs was sufficient at Ath- part of a marriage was the consent and conjugal
ens to break up the assembly of the people. 8 In affection of the parties, it was considered that this
common life, things apparently of no importance, affection was necessary to its continuance, and, ac-
when occurring at a critical moment, were thought cordingly, either party might declare his or her in-
by the ancients to be signs sent by the gods, from tention to dissolve the connexion. No judicial de^
which conclusions might be drawn respecting the cree, and no interference of any public authority,
future. Among these common occurrences we may was requisite to dissolve a marriage. Filii familias,
10
mention sneezing, 9 twinkling of the eyes, tinkling of course, required the consent of those in whose
of the ears, and numberless other things which we power they were. The first instance of divorce at
cannot here enumerate. Some of them have re- Rome is said to have occurred about B.C. 234,
tained their significance with the superstitious mul- when Sp. Carvilius Ruga put away his wife* on the
titude down to the present day. ground of barrenness it is added that his conduct
:
The art of interpreting dreams (bveiponoMa), which was generally condemned. The real meaning of
had probably been introduced into Europe from Asia, the story is explained by Savigny with his usual
where it is still a universal practice, seems in the acuteness. 8
Homeric age to have been held in high esteem for Towards the latter part of the Republic, and un-
;
dreams were said to be sent by Zeus, 11 In subse- der the Empire, divorces became very common.
quent times, that class of diviners who occupied Pompey divorced his wife Mucia for alleged adul-
themselves with the interpretation of dreams seems tery, and his conduct was approved ,* and Cicero
to have been very numerous and popular but they speaks of Paula Valeria 7 as being ready to serve
;
never enjoyed any protection from the state, and her husband, on his return from his province, with
were chiefly resorted to by private individuals. notice of divorce. 8 Cicero himself divorced his
Some persons are said to have gained their liveli- wife Terentia, after living with her thirty years,
hood by this profession. 1 * Respecting the oracles and married a young woman. If a husband di-
which were obtained by passing a night and dream- vorced his wife, the wife's dos, as a general rule,
ing in a temple, see ORACULTJM. was restored (vid. Dos) and the same was the ;
For farther information concerning the art of case when the divorce took place by mutual con-
divination in general, see Cicero's work De Divi- sent. As divorce became more common, attempts
natione. The (lavTiKij of the Greeks is treated of at were made to check it indirectly, by affixing pecu-
some length by Wachsmuth. 1 ' niary penalties or pecuniary loss to the party whose
The word divinatio was used in a particular man- conduct rendered the divorce necessary. This was
ner by the Romans as a law-term, which requires part of the object of the lex Papia Poppaea, and of
some explanation. If in any case two or more ac- the rules as to the retentio dotis and judicium mo-
cusers came forward against one and the same in- rum. There was the retentio dotis propter liberos,
dividual, it was, as the phrase ran, decided by divi- when the divorce was caused by the fault of the
natio who should be the chief or real accuser, whom wife, or of her father, in whose power she was :
the others then joined as subscriptores, i. c., by put- three sixths of the dos was the limit of what could
ting their names to the charge brought against the be so retained. On account of matters morum gra-
viorum, such as adultery, a sixth part might be re-
1. (Aristoph., Eccles., 793.) 2. (Agesil., 11.) 3. (Miiller, Do- tained in the case of matters morum leviorum,
;
4. (Aristoph., Eccles. 793. Eustath. ad Horn.,
rians, ii., 2, 1) 14.)
5. 6.
one eighth. The husband, when in fault, was pun-
Od.,xx., 104.) (Thucyd.,vii., 50.) (Xen.,Hel.,iv.,7,$4.)
7. (Horn., II., xi., 53, &c. Cic., De Divin., i., 43.) 8. (Schfl- ished by being required to return the dos earlier
mann, De Corait. Athen , p. 146, &c., transl.) 9. (Horn., Od.,
xvii., 561, with note of Eustath. Xen., Anab., iii., 2, f) 9. Plut.,
Themist., 13. Ovid, Heroid., 19, 151. Propert., ii., 2, 33.) 10. 1. (Asconius in Argum. ad Cic., Divinat. in Ciecil., p. 99, ed.
(Theocrit., iii., 37. ?laut., Pseud., I., ii., 105. Compare Wiiste- Orelli.) 2. (Compare c. 15 and 20 of the Oratio, and Gellius, ii.
mann ad Theocrit., 1. 11. (Horn., 11., i., 63 ; ii., init.
c.) Od., 4.) 3. (Roraul., 22.) 4. (Aul. Cell., iv., 3 xvii., 21.
;
Val. Max.
12. 'Plut., Aristid., 27.) 13. (Hellen. Al- 6. (Cic., Ep. ad Alt,
iv., 841 ; xix., 457.) ii., 1, $ 4.) 5. (Zeitschrift, &c., v.,269.)
terth., ii., 2, p. 259, <tc. Compare Thirlwall's Hist, of -Greece, i., 12.) 7. (Ep. ad Fam., viii., 7.) 8. (Coi ipare Juv., vi.. <gl\
than it was otherwise returnable. After the di- been made. At a later time, when works of art
vorce, either party might marry again. were introduced into all the spheres of ordinary
By the lex Papia Poppaea, a freedwoman who had life, this rude and ancient object of worship, like
married her patronus could not divorce herself; many others of was not superseded by a
its kind,
there appears to have been n: other class of persons more appropriate symbol. The Dioscuri were wor-
subjected to this incapacity. shipped as gods of war, and we know that their im-
Corresponding to the forms of marriage by con- ages accompanied the Spartan kings whenever they
farreatio and coemtio, there were the forms of di- took the field against the enemy. But when, in the*
vorce by diffarreatio and remaneipatio. According year 504 B.C., the two kings, during their invasion
to Festiis, diffarreatio was a kind of religious cer-
1
of Attica, failed in their undertaking on account of
"
emony, so called, quia fiebat farreo libo adhibito," enmity towards each other, it was de
their secret
9
by which a marriage was dissolved and Plutarch creed at Sparta that in future only one king should
;
has been supposed to allude to this ceremony in the command the army, and, in consequence, should
case of a divorce between the flamen dialis and his only be accompanied by one of the images of the
wife. It is said that originally marriages contract- Dioscuri. 1 It is not improbable that these images,
ed by confarreatio were indissoluble and in a later accompanying the kings into the field, were the an-
,
age, this was the case with the marriage of the fla- cient ioKdva, which were now disjointed, so that
men dialis, 3 who was married by confarreatio. In one half of the symbol remained at Sparta, while
the case referred to by Plutarch, the emperor au- the other was taken into the field by one of the
thorized the divorce. A marriage by coemtio was kings. Suidas and the Etymologicum Magnum*
dissolved by remaneipatio.* In course of time less state that 66nava was the name of the graves of the
ceremony was used, but still some distinct notice Dioscuri at Sparta, and derived from the verb $i-
or declaration of intention was necessary to consti-
tute a divorce the simple fact of either party con-
:
DOCIMASIA (doKifiaaia). When any citizen of
tracting another marriage was not a legal divorce.* Athens was either appointed by lot or chosen by
The ceremony of breaking the nuptiales tabula,' or suffrage (/cA^pwrof KOI aipsros) to hold a public of-
of taking the keys of the house from the woman fice, he was obliged, before entering on its duties,
and turning her out of doors, were probably consid- to submit to a domftaaia, or scrutiny into his pre-
ered to be acts of themselves significant enough, vious life and conduct, in which any person could
though it may be presumed that they were general- object to him as unfit. This was the case with
ly accompanied with declarations that could not be the archons, the senators, the strategi, and other
misunderstood. The general practice was appa- magistrates. The examination, or anacrisis, for the
rently to deliver a written notice, and perhaps to as- archonship was conducted by the senators, or in the
sign a reason. In the case of Paula Valeria, men- courts of the heliaea.* The 6oKi/iaaia, however, was
tioned by Cicero, no reason was assigned. By the not confined to persons appointed to public offices ;
lex Julia de Adulteriis, it was provided that there for we read of the denouncement of a scrutiny (err-
should be seven witnesses to a divorce, Roman cit- ayytkia. tionifiaaiaf) against orators who spoke in
izens of full age (puberes), and a freedman of the the assembly while leading profligate lives, or after
party who made the divorce. having committed flagitious crimes. This denounce-
Under the Christian emperors divorce was pun- ment might be made in public by any one irpbc 60-
ished in various ways, but still the power of di- Kifiaaiav rov (3iov, i. e., to compel the party com-
vorce remained, as before, subject to the observ- plained of to appear before a court of justice, and
ance of certain forms. Theodosius and Valentin- give an account of his life and conduct. If found
ian III., and subsequently Justinian, made various guilty, he was punished with urifiia, and prohibited
laws, by which punishment was imposed, not only from the assemblies.
5
tione tua non utor." 9 way of reconciling them, and it agrees in substance
For the subject of Greek divorce, see AI1OAEI- with the supposition of Schomann, " that among the
frEQS AIKH, and MARRIAGE, GREEK. Athenians no one period was appointed for enrol-
DOC'ANA (A6/cava, rii from (5o/fof, a beam) was ment, provided that it was not done before the at-
:
an ancient symbolical representation of the Dios- tainment of the 18th, nor after the completion of
curi (Castor and Polydeuces) at Sparta. It con- the 20th
year."
sisted of two upright beams, with others laid across DODRANS. (Vid. As, p. 110.)
10
them transversely. This rude symbol of fraternal DOGMA'TICI (SoynaTLKoi), the oldest of the med-
unity evidently points to a very remote age, in ical sects of antiquity, must not be confounded with
which scarcely any attempts in sculpture can have
1. (Herod., v.,75.)2. (s. v.) 3. (Miiller, Dorians, i., 5, <> 12,
1 (a. v. Diffarreatio.) 2. (Qusst. Rom., 50.) 3. (Cell., x., note m; 10, $ 8.
ii., Zoega, De
Obeliscis, p. 228.) 4. (Wach-
15.) -4. (Fcstu*, s. v. Remancipatam.) 5. (Cic., Oral., i., 40.) smuth, pt. 1, p. 262.)
i., 5. (Schamann, p. 240. JSsch., Ti
7
6. (Tacit., Ann., XL. 30.) 7. (Dig. 50, tit. 16, s. 101, 191.) 8. mar., p. 5.) 6. (Pollux, Onom., viii., 105. Schomann, 76.)
(Cic., Phil., ii.,28.) 9. (Dig. 24, tit. 2. Ulp., Frag., vi.-Hei- (Harpocr., s. v. 'E-iritieTts flftfcai. Demosth., c. ^ihob. W,
ecc., Syntagma.) 10. (Plut., De Amor. Frat i., p. 36.) c. Onet., 865 ; c. Steph., 1135.)
DOGMATICI. DOGMATICI.
They derived their name from doy^a, a philosophical eases. As for the evident causes, which are such
tenet or opinion, because they professed to follow as can easily be discovered by anybody, and where
the opinions of Hippocrates, whence they were one has only to know if the illness proceeds froip
aorastimes called Hippocratici. Thessalus, the son, heat or from cold, from having eaten too little or
and Polybus, the son-in-law of Hippocrates, were too much, and the like, they said it was necessary
the founders of this sect, about B.C. 400, which en- to inform one's self of all that, and make on it the
joyed a great reputation, and held undisputed sway suitable reflections but they did not think that
;
over the whole medical profession., till the estab- one ought to stop there without going any farther.
lishment of the Alexandrean school of philosophy They said again, with regard to the natural action*,
called Empiric*. (Vid. EMPIRICI.) After the rise that it was necessary to know wherefore and in
of this sect, for some centuries every physician what manner we receive the our lungs,air into
ranged himself under one or other of the two par- and why we afterward expire it why food is taken
;
8
gance by Celsus, that the passage relating to the ies are subject to pulsation what is the cause of
;
Dogmatici is here given at full length, and the ob- sleep, wakefulness, &c. and they maintained that
:
the natural actions and different functions of the sicians, is either ground in the stomach, as Erasis-
human body take place, which necessarily suppo- tratus thought or it purifies, according to the no-
;
ses a knowledge of the interior parts. They gave tion of Plistonicus, a disciple of Praxagoras ; or it
the name of hidden causes to those which concern isconcocted by a peculiar heat, as was the opinion
the elements or principles of which our bodies are of Hippocrates or else, if we are to believe Ascle-
;
composed, and the occasion of good or ill health. piades, all these opinions are equally erroneous, and
It is impossible, said they, for a person to know nothing is concocted, but the alimentary matter is
how to set about curing an illness unless he knows distributed throughout the body in the same crude
what it comes from since there is no doubt that
;
state in which it was taken into the mouth. How-
he must treat it in one way, if diseases in general ever much they differ on this point, they all agree
proceed from the excess or deficiency of one of that the sort of nourishment proper for a sick per-
the four elements, as some philosophers have sup- son will vary according as one or other of these
posed in another way, if all the malady lies in
; opinions be supposed to be the true one. For if the
the humours of the body, as Herophilus thought ;
food is ground to pieces, we must choose that kind
in another, if it is to be attributed to the respira- which is most easily ground if it putrefies, we
;
tion, according to the idea of Hippocrates (alluding, must give what putrefies most quickly if it is con- ;
probably, to the work Kepi <bvauv, De Flatibus, which cocted by heat, we must prefer such as is most apt
is generally considered to be spurious) in another, ;
to excite heat ; but if it is not concocted, we need
if the blood excites inflammation by passing from not select any of the above-mentioned kinds of
the veins which are meant to contain it into the food, but rather such as will remain as it is eaten,
vessels that ought only to contain air, and if this and change the least. And in the same way they
inflammation produces the extraordinary movement argued that, when the breathing is affected, or ther*
of the blood that is remarked in fever, according to is too great sleepine&s or wakefulness, if a physi
the opinion of Erasistratus and in another, if it is
;
cian understands thoroughly the nature of these phe-
by means of corpuscles which stop in the invisible nomena, he will be able to cure the diseases con-
passages and block up the way, as Asclepiades af- nected with them. Lastly, they maintained that, aa
firms to be the case. If this be granted, it must the principal pains and diseases proceed irom the
necessarily appear that, of all physicians, he will internal parts, it is impossible for a person to ad-
succeed the best in the cure of diseases who un- minister any remedy unless he is acquainted with
derstands best their first origin and cause. The these parts. They therefore contended that it was
Dogmatici did not deny the necessity of experi- necessary to open dead bodies and examine the dif-
ments also but they said that these experiments
;
ferent viscera but that it was much the best way
;
could not be made, and never had been made, but to do as Herophilus and Erasistratus, who used to
by reasoning. They added, that it is probable that dissect alive the criminals condemned to death that
the first men, or those who first applied themselves were put into their hands, and who were thus ena-
to medicine, did not recommend to their bled to behold during life those parts which nature
patients
the first thing that came into their thoughts, but had concealed, and to contemplate their situation,
that they deliberated about it, and that colour, figure, order, hardness or softness,
experiment size,
and use then let them know if they had reasoned roughness or smoothness, &c. They added, that
justly or conjectured happily. It mattered little, it is not possible, when a person has any into v nal
said they, that people declared that the
greater num- illness, to know what is the cause of it, unless one
ber of remedies had been the subject of experiment is exactly acquainted with the situation of all the
from the first, provided they confessed that these viscera, nor can one heal any part without un-
experiments were the results of the reasoning of derstanding its nature that, when the intestines
;
those who tried the remedies. They went on to protrude through a wound, a person who does not.
say, that we often see new sorts of diseases break know what is their colour when in a healthy state
out, for which neither experiment nor custom has cannot distinguish the sound from the diseased
yet found out any cure ; and that, therefore, it is parts, nor therefore apply proper remedies, while,
necessary to observe whence they came and how on the contrary, he who is acquainted with the nat-
they first commenced, for otherwise no one can tell ural state of the diseased parts will undertake the
why, in such an emergency, he makes use of one cure with confidence and certainty and that, ir. ;
remedy rather than another. Such according to short, it is not to be called an act of cruelty, as some
the Dogrratid, are the reasons why a physician persons suppose it, to seek far the remedies of ao
1. (De Vit. Philos.,procem., 11.) 2. ( De Medic , praf. in lib.
immense number of innocem persons in the suffer-
i.)
ings of a e^v e-iminals
372
DOLABRA. DOLABRA.
Such were their opinions, and t'le arguments by count of their use given by Curtius, Livy, and Tg
which they supported them. Additional informa- citus, in ancient earth-works and encampments, an<*.
tion on the subject may be found in various parts in various instances a great number, even more
of Galen's works. 1 than a hundred, have been discovered together. The
DOLABRA, dim. DOLABELLA (afil^ij, dim. opt- sizes and forms which they present are as various
Mov), a chisel, a celt. as the uses to which they were applied. The an-
For the purpose of planing and polishing wood, nexed woodcut is designed to show a few of the
the ancients used either the adze, which was impell- most remarkable varieties. Fig. 1 is Srom a celt
ed in the direction exhibited in the woodcut at page found, with several others, and with a numbei of
112 (vid. ASOIA), or the chisel, which was forced in Roman coins, at Karnbre in Cornwall. 1 Its lei.gth
the opposite direction, t e., from the body of the was six inches without the haft, which was no doubt
workman, as shown in the woodcut at page 62. of wood, and fixed directly into the socket at the
On account of the use of these tools in ship-build- top. It must have been a very effective implement
8
ing, Juvenal describes the merchant as trusting his for removing the stones in the wall of a city or fortifi-
fife "ligno dolato." Statues also were made by the cation, after they had been first shattered and loosen-
application of the chisel. "E robore dolatus," 3 ed in some degree by the battering-ram. The ear
"truncus dolamine effigiatus."* or loop which is seen in this and many other celts,
The chisel used by stone-masons is represented would be useful to suspend them from the soldier's
at the bottom of the monument, which is the subject girdle, and may also have had a cord or chain at
of the woodcut to the article CIRCINUS (p. 252). tached to it to assist in drawing back the celt when
Ashlar, i. e., stone adapted to be cut and smoothed ever it became too firmly wedged between the
by the chisel, was called "lapis dolabilis." A Greek stones of the wall which it was intended to destroy.
epigram represents the inscription on a marble tomb Figs. 2 and 3 are from Sir W. Hamilton's collec-
as engraved by the strokes of the chisel (TiaoTviroi? tion in the British Museum. These chisels seem
and such letters are called
'), best adapted for the use of the carpenter. The celt
ypu.fi/nara. (fig. 4) which was found in Furness, co. Lancaster,*
Dolabrae were also much employed in the opera- instead of being shaped to receive, or to be inserted
tions of horticulture and agriculture. A small sharp into a handle like the three preceding, is made
chisel was used to cut out the dead wood from the thick, smooth, and round in the middle, so as to be
trunk of the vine an instrument of the same form,
; conveniently manipulated without a handle. It is
though, of course, much more blunt and rough, and nine inches long, and weighs 2 Ib. 5 oz. Its sharp
yet called by the same name (dolabella), was em- edge is like that of a common hatchet, and may ha ve
7
ployed to stir up the ground about its roots. This been used for polishing timber.
tool was likewise used to refresh the soil in rose-
8 "
beds and the same term dolabra" is applied to
;
1. (Vid. Do
DiflV.r. Puls., iv., 3, p. 721, ed. Kiihn. De Meth.
Med., 3, p. 159, 182, 184.
iii., 1, De Compos. Medicam. per
Gen., p. 463.
ii., 1, Introd., cap. ii., p. 677.) 2. (xiU, 57.) 3.
(Cic., Acad., iv., 31.) 4. (Apul., Florid, ad mil.) 5. (Brunck,
Anal., i., 4Q1.) 6. (Ibid., iii., 497.) 7. (Colum., De Re Rust.,
iv., 24, 26. De Arbor., 10.) 8. (Pallad., iii., 21.) 0. (De Re celt lined into a handle of stag's horn, and there-
Rust., ii., 2.) 10. (Curt., ix., 5.) 11. (xxi., 11.) 12. (Compare
Liv., ix. 37. Tacit., Hist., iii., 20.) 13. (See Jamieson's Etyin. (Borlase, Ant. of Cornwall,
1. iii., 13.) 2. 'Archxoiogia, f -
4
Diet., s. v. Celt.)-- 14. (xix., 24.) 15. (Gruter, p. 329 ) p. 106.) 3. (Philox Gloss.*
,
17'J
DOMINIUM. DOMINIUM.
fort exemplifies one of the modes of attaching the property of an individual ; res heredtiariae are res
metal to its haft. It was evidently adapted for very nullius until there is a heres. Res communes are
fine work, and is strongly contrasted with the above- those which cannot be the objects of property, and
It was found in an an-
figured celt from Cornwall. therefore are res nullius, as the sea.
cient tomb {^Wiltshire.
1
The two other figures in Res corporales are defined to be those " quas
this woodcut represent the knife used in sacrifices,
"
tangi possunt :" incorporales are those quae tangi
as it is often exhibited on cameos and bas-reliefs, be non possunt, sed in jure consistunt," as HEREDITAS,
"
ing the "scena," "sacena," or dolabra pontificalis" USUSFRUCTUS, OBLIGATIONES ;
and they are conso
mentioned by Festus a and the "securis dolabrata,"
; quently incapable of tradition or delivery.
3
or hatchet furnished with a chisel, as sculptured Corporeal things are divided into immobiles, or
on a funereal monument. solum et res soli, and mobiles. The class of things
DOL'ICHUS (do^oc). (Vid. STADIUM.) "quae pondere, nuinero, mensura constant," are
DO'LIUM, a cylindrical vessel, somewhat resem- such things as wine, oil, corn, silver, gold, which
bling our tubs or casks, into which new wine was are of such a nature that any the same numbei.
put to let it ferment. It was at first made of earth. weight, or measure may be considered the same
In the time of Pliny, wood does not appear to have thing. (Vid. MUTUUM.) There is another class of
been used for this purpose either in Greece or Rome. "
res, consisting of those quae usu consumuntur,
"
At a later period dolia were made of wood, held to- minuuntur," and those quae non," which may 01
"
gether with hoops. Palladius* speaks of dolia con- may not be the same as things quae numero." &c.
taining two hundred congii: it is incredible that A thing may either be a unity, singula res, or it
such large vessels were made of earth. The shape may be several things of the same kind, singulae
preferred for dolia was long, and of a small diame- res, or it may be a thing compounded of many
ter. Immediately after they were made they were various things, universitas, by which is understood
covered with pitch, and subjected to a farther prep- a whole property, all that a person has, without re-
aration, after which they were filled with wine, but spect to its component parts, and with all the rights
not quite to the brim, and placed in a chamber (cella and obligations attached to it.
vinaria}, which was at least high enough above the The division of things into res mancipi and rea
sarth to have windows. Here the dolia either stood nee mancipi was one of ancient origin and it con-
;
on the ground or were let into it (demersa, depressa, tinued to a late period in the Empire to be an im-
or defossa). Wine which would not keep long was portant distinction. Res mancipi are not farther
drunk from the dolia ; that which improved by keep- known than by an enumeration of them, which is
ing was transferred from them to amphora. The
l
perhaps imperfect :
they are praedia in Italico solo,
cupa and stria were vessels like the dolia, and used both rustic and urban also jura rusticorum pra>
;
5
for the same purpose. diorum or servitutes, as via, iter, aquaeductus also
;
DE DOLO MALO ACTIO. (Vid. CULPA.) slaves, and four-footed animals, as oxen, horses,
DOLUS MALUS. (Vid. CULPA.) &c., quae collo dorsove domantur. Other things
DOMTNIUM. Dominium quiritarian
signifies were nee mancipi.
ownership, or property in a thing and dominus, or
; All the things have been enumerated which are
dominus legitimus, is the owner. Possessor is often the subject of dominium, and some which are not.
used by Roman writers as equivalent to owner; Every dominus has a right to the possession of the
but this is not a correct use of the word. In like thing of which he is dominus but possession alone,
;
manner, "to have ownership" is sometimes ex- which is a bare fact without any legal character,
"
pressed by possidere," and the thing in which neither makes a man dominus, nor does the want
there is property is sometimes called " possessio."* of possession deprive him of dominium. Possession
The complete notion of property or ownership has the same relation to a legal right to a thing, as
comprehends the determination of the things which the physical power to operate upon it has to the le-
may be the objects of ownership the power which
; gal power ;and, accordingly, the doctrine of pos-
a man may have over such subjects, both as to du- session precedes that of ownership. Things cannot
ration of time and extent of enjoyment the modes ; be the objects of possessio civilis which cannot be
in which ownership may be acquired and lost the ; the objects of dominium.
persons who are capable of acquiring, transferring, The class of things called jura in re are not prop-
or losing ownership. erly subjects of ownership (dominium), though a
Res is the general name for anything. The chief claim to them is prosecuted by an actio in rem :
division of res is into res divini juris and res hu- they are servitutes, emphyteusis, superficies, and
mani juris. Res divini juris are those which are pignus and hypotheca.
appropriated to religious purposes, namely, res sa- Dominium properly signifies the right of dealing
cras, sanctae, religiosae and, so long as they have
;
with a corporeal thing as a person (dominus') pleas-
"his character, they cannot be objects of property. es ; this, of course, implies the right to exclude all
Res humani juris are all other things that can be the others from meddling with it. The dominus has
objects of property, and they are either res pub- the right to possess, and is distinguished in that re-
licae or res privatae. Res publicae belong to the cor- spect from the bare possessor, who has only the
poration of the state, and can only become private right of possession. The term dominium is some-
property by being deprived of this public character. times (improperly) extended to jura in re ;
and
(Vid. AGRARUE LEGES.) Res universitatis are the sometimes he who takes as heres is called dominus
property of a corporate body, which are not the hereditatis. Jura, or jura in re, are, however, de-
property of any individual of the corporation. The tached parts of property, which are opposed to do-
phrase, res nullius is ambiguous ; it sometimes minium, as the totality of all the rights of property.
means that the thing cannot be the property of any Even the ususfructuarius is never considered as
individual, which is affirmed of things divini juris ; owner, and proprietas is the name for that which
when applied to things humani juris, it sometimes remains after the ususfructus is deducted from the
means that they are not the property of an individ- ownership. Ownership may be either absolute, that
ual, but of a body yet such things may become the
; is, as complete as the law allows any ownership
to
be, or it may be limited. The distinction between
1. (Sir R. C. Hoare's Anc. Wilts. South, p. 182, 203.) 2. (s. bare ownership and ownership united with the ben-
T. Scena.) 3. (Pallad., De Re Rust., i., 43.) 4. (x., 11.) 5. eficial interest, is explained in another place. (Fid.
(Becker, Callus, ii., 166, &c.) 6. (See Savigny's remarks on
the subject,
" Das Rechf des 1. (Ulp., Frajf., lix.)
Besitzes," p. 85.)
374
DOiuTNIUM. DOMINIUM.
Bon .
, A person who has no ownership of a man civitas by the act of manumission if lie wafi
:
ship may be acquired in single things (acquisitio re- Abonae fidei possessio was not ownership (do
rum singularum), or it may be acquired in a number minium), nor was it the same as in bonis. Thfl
of things of different kinds at once (acquisitio per two things are distinguished by Ulpian. 1 bonae A
universitatem), in which case a person acquires them fidei possessor had a capacity for acquiring by
not as individual things, but as parts of a whole. usucapion the ownership of the thing possessed.
The latter kind of acquisition is either successio He had a kind of action, actio publiciana in rem, by
inter vivos, as in the case where a man adrogates which, if he lost the possession before he had ac-
another, and so becomes the owner of all the adro- quired the ownership by usucapion, he could recov-
l
gated person's property or it is successio mortis
;
er it against all but the owner, in which latter re-
causa, as in the case of a testamentary heres, or a spect he differed from him who had a thing in bonis,
heres ab intestato. for his claim was good against the person who had
Acquisitiones per universitatem are properly dis- the bare ownership.
cussed under other heads (vid. ADOPTIO, HERES, As to fundi provinciales, it was an old princi-
UNIVERSITAS). The following remarks apply to ac- ple of Roman law that there could be no domin-
quisitiones rertim singularum. Acquisitiones were ium in them, that is, no quiritarian ownership (vid.
either civiles (ex jure civili), or naturales (ex jure AGRARMS LEGES) nor were they said to be in bo-
;
gentium), that is, there was no formality prescribed nis but the occupier had possessio and ususfruc-
;
or delivery. In the case of res mancipi, the only conjecture of Unterholzner, that the formula actio-
modes of acquiring dominium were mancipatio, in nis was adapted to the case of provincial lands by
jure cessio, and usucapio but usucapio applied also a fiction of their being Italic lands, combined with
;
1& things nee mancipi. The alienation of things a fiction of their being acquired by usucapion. In
n*c mancipi was the peculiar effect ,of traditio, or the case of the ager publicus in Italy, the dominium
hare delivery, 9 and if there was a justa causa, do- was in the Roman people, and the terms possessio
minium was thus acquired for traditio, in the case and possessor were appropriate to the enjoyment
;
of a thing mancipi, merely made it in bonis, and the and the person by whom the land was enjoyed.
ownership continued unchanged. The notion that, Still the property in provincial land was like the
in the case of res nee mancipi, bare tradition did property in bonis in Rome and Italy, and it conse-
not confer quiritarian ownership or dominium, is quently became dominium after the distinction be-
erroneous for when the Roman law did not re- tween quiritarian and bonitarian ownership was de-
;
out of possession, and, in order to succeed, he If a slave was a man's in bonis, everything that the
must prove his ownership. If he had a thing in slave acquired belonged to the owner in bonis, and
bonis, and was in possession, he acquired the own- not to him who had the bare quiritarian ownership.
" bona fide
ership by usucapion if he was out of possession, If a man was the
:
possessor" of another
it seems not an improbable
conjecture of Unter- person, whether that person happened to be a free-
holzner, that he was aided in his action, after the man supposed to be and possessed as a slave, or
3
time when the legis actiones fell into disuse and the was the property of another, the possessor only ac-
formula was introduced (for as to a previous time it quired the ownership of that which the person so
is difficult to form the fiction of possessed acquired " ex re possidentis" and ex "
an,y conjecture), by op-
his having received the property mancipatione. eris suis." The same rule applied to a slave in
There are examples of a similar fiction in the case which a man had only the ususfructus and the ;
Of the bonorum possessor and the bonorum emtor.* rule was consistent with the rule just laid down, for
A man could only dispose of a legacy by his will ususfructus was not property. Sons who were in
5
per vindicationem when he had the dominium of the power of a father, and slaves, of course, could
it otherwise he could only give it per damnatio- not acquire property for themselves. (Vid. PECO-
nem or sinendi modo. A slave who was the prop- LIUM.)
erty of his master (dominus) might attain the Ro- Ownership was lost either with the consent of
the owner or against it. With the consent when
1 (Gaius, in., 21.) 2. (Ulp., Frag., iix., 8.) 3. (Rhein he transferred it to another, which was the
Mus. general
fi<rJurisprud. Erster Jahrgang, p. 129.) 4. (Gaiui, iv.,
J4, 33 1-5. (Ulp., Frag., xxiv., 7.) 1. (Frag., iix., 20,21.)
275
DONARIA. DONARIA.
mode of acquiring and losing proper! j without the
; consecrated to some deity. 1 This custom in some
consent when the thing perished, when it became places lasted till a very late period the maidens ol
:
the property of another by accession or usucapion, Delos dedicated their hair before their vredding to
when it was judicially declared to be the property Hecaeige,* and those of Megara to Iphinoe. Pau-
of another, or forfeited by being pledged. Owner- sanias 3 saw the statue of Hygieia at Titane cov-
ship was not lost by death, for the heres was con- ered all over with locks of hair, which had been
sidered to be the same person as the defunct. dedicated by women. Costly garments (TTETT^OI)
As certain persons had not a capacity to acquire, are likewise mentioned among the earliest presents
oo some persons had not a liability to lose when made to the gods, especially to Athena and Hera.*
others had. Thus the property of a pupillus who At Athens, the sacred TreTivlo? of Athena, in which
was in tutela legitima could not become the prop- the great adventures of ancient heroes were worked,
erty of another by usucapion a fundamental prin-
; was woven by maidens every fifth year, at the fes-
ciple of law, which Cicero, with good reason, was tival of the great Panathenaea. (Vid. ARRHEPHO-
surprised that his friend Atticus did not know. 1 RIA.)
S
A similar peplus was woven every five
Owrership might be lost by the maxima capitis years at Olympia by sixteen women, and dedicated
diminutio when it was the consequence of a con-
; to Hera.*
viction for a capital crime, the property was forfeit- At the time when the fine arts flourished in
ed to the state. (Vid. SECTIO BONORUM.) The Greece, the anathemata were generally works of
media capitis diminutio only affected an incapacity art of exquisite workmanship, such as high tripods
for quiritarian ownership the person could still re-
:
bearing vases, craters, cups, candelabras, pictures,
tain or acquire property by the jus gentium still, if
;
statues, and various other things. The materials
the media capitis diminutio was the consequence of which they were made differed at different times ;
of conviction for a capital crime, it had the same some were of bronze, others of silver or gold, 7 and
8
consequences as the maxima. their number is to us almost inconceivable. 8 The
DO'MINUS. (Vid. DOMINIUM.) treasures of the temples of Delphi and Olympia, in
DOMITIA LEX. (Vid. PONTIFEX.) particular, surpass all conception. Even Pausanias,
DOMUS. (Vid. HOUSE.) at a period when numberless works of art must have
DONA'RIA (ava&^ara or avaK.eifj.ev a) are names perished m the various ravages and plunders to
by which the ancients designated presents made to which Greece had been exposed, saw and described
the gods, either by individuals or communities. an astonishing number of anathemata. Many works
Sometimes they are also called dona or 6upa. The of art are extant, bearing evidence, by their in-
still
belief that the gods were pleased with costly pres- scriptions, that theywere dedicated to the gods as
ents, was as natural to the ancients as the belief tokens of gratitude. Every one knows of the mag-
that they could be influenced in their conduct to- nificent presents which Crcesus made to the god of
wards men by the offering of sacrifices ; and, in- Delphi.
9
It was an almost invariable custom, after
deed, both sprang from the same feeling. Presents the happy issue of a war, to dedicate the tenth part
were mostly given as tokens of gratitude for some of the spoil (aKpodiviov, aKpoheiov, or TrpuTofaiov) to
favour which a god had bestowed on man but ; the gods, generally in the form of some work of
some are also mentioned which were intended to art. 10 Sometimes magnificent specimens of ar-
induce the deity to grant some especial favour. At mour, such as a fine sword, helmet, or shield, were
11
Athens, every one of the six thesmothetae, or, ac- set apart as anathemata for the gods. The Athe-
3
cording to Plato, all the nine archons, on entering nians always dedicated to Athena the tenth part of
upon their office, had to take an oath, that if they the spoil and of confiscated goods; and to all the
violated any of the laws, they would dedicate in the other gods collectively, the fiftieth part. 12 After a
temple of Delphi a gilt statue of the size of the man seafight, a ship, placed upon some eminence, was
who dedicated it (avSpiuvra xpvcrovv iaofj.eTprjTov*). sometimes dedicated to Neptune. 13 It is not improb-
Tn this last case the anathema was a kind of punish- able that trophies, which were always erected on the
ment, in which the statue was regarded as a sub- field of battle, as well as the statues of the victors
person forfeited to the gods. Almost in Olympia and other places, were originally intend-
stitute for the
1
ah presents of this kind were dedicated in temples, ed as tokens of gratitude to the god who was sup
to which, in some places, an especial building was posed to be the cause of the success which the vic-
added, in which these treasures were preserved. torious party had gained. We also find that, on
Such buildings were called -drjaavpoi (treasuries) some occasions, the tenth part of the profit of some
;
and in the most frequented temples of Greece, many commercial undertaking was dedicated to a god in
states had their separate treasuries. 5
The act of the shape of a work of art. Respecting the large
dedication was called avanGevai, donare, dedicare, and beautiful crater dedicated by the Samians to
or sacrare. Hera, see the article CRATER.
The custom of making donations to the gods is Individuals who had escaped from some dangei
found among the ancients from the earliest times were no less anxious to show their gratitude to the
of which we have any record, down to the introduc- gods by anathemata than communities. The in-
tion of Christianity and even after that period, stances which occur most frequently are those of
;
<Mly young brides, cut off from their heads and Paus., i., 37, * 2.) 2. (Paus., i., 43, 4.) 3. (ii., 11,* 6.) 4.
t,
tune the dress which they wore at the time of their n some particulars before his time. Still they dif-
danger ;" but if they had escaped naked, they dedi- "ered in some respects from legacies, for such a
cated some locks of their hair.* Shipwrecked per- donation could take effect though there was no
sons also suspended votive tablets in the Temple leres ; and a films familias, who could not make a
of Neptune, on which their accident was described will, might, with his father's consent, make a dona-
or painted. Individuals who gave up the profession tio mortis causa.
or occupation by which they had gained their liveli- The English law of donationes mortis causa is
8
hood, frequently dedicated in a temple the instru- irst stated by Bracton in the very words of the
ments which they had used, as a grateful acknowl- Digest 3 and the present law is expounded by Lord
;
edgment of the favour of the gods. The soldier flardwicke ;* but what he there states to be the
thus dedicated his arms, the fisherman his net, the English law is not exactly the law as stated in
shepherd his flute, the poet his lyre, cithara, or Bracton. The rules of donationes mortis causa in
harp, &c. English law are now pretty well fixed. Tradition
It would be impossible to attempt to enumerate or delivery is considered one essential of such a
all the occasions on which individuals, as well as and the death of the donor is another essential.
,
communities, showed their gratefulness towards The gift must not be an absolute gift, but a gill
the gods by anathemata. Descriptions of the most made in contemplation of, and to be perfected by
remarkable presents in the various temples of the death of the donor. 6
Greece may be read in the works of Herodotus, DONA'TIO PROPTER
NUPTIAS signifies that
Strabo, Pausanias, Athenaeus, and others. which is given by a husband or by any other per-
The custom of making presents to the gods was son to a woman on the occasion of her marriage,
common to Greeks and Romans, but among the whether it be by way of security for her ios, or for
latter the donaria were neither as numerous nor as tier support during the marriage or widowhood.
magnificent as in Greece ; and it was more frequent Justinian required this donatio whenever the wife
among the Romans to show their gratitude towards brought a dos ; and it was enacted that it should be
a god by building him a temple, by public prayers equal in amount to the dos, and should be increased
and thanksgivings (supplicatio), or by celebrating when the dos was increased. Such a gift was the
festive games in honour of him, than to adorn his property of the wife, but it was managed by the
sanctuary with beautiful and costly works of art. husband, and he was bound to apply it to its proper
Hence the word donaria was used by the Romans purposes but he could not alienate it, even 'A'ith
;
36 ; xxix., 36 xxxii., 30 xl 40, 37. Plin., Hist. case the rule of law would be unnecessary, because
; ; ,
Nat., vii., 48. Suet., Claud., 25. Tacit., Ann., iii., a gift between husband and wife would be legally
71. Plaut., Amyhitr., III., ii., 65; Curcul., I., i., impossible. The reason for this rule was said to be
61 ; II., ii., 10. Aurel. Viet., Cats., 35. Gellius, ii., the preservation of the marriage relation in its pu-
10. Lucan, ix., 515. Cic., De Nat. Dear., iii., 37. rity, as a contract subsisting by affection, and not
Tibull, ii., 5, 29 Horat., Epist., I., i., 4. Stat., maintained by purchase or by gift from one party
Sylv., iv., 92. to the other. The reason seems a singular one,
DONA'TIO MORTIS CAUSA. There were but it is that which is given by the Roman writers
three kinds of donatio mortis causa 1. When a
: It has apparently a tacit reference to the power ol
man, under no present apprehension of danger, but divorce, and appears like an implied recommenda-
moved solely by a consideration of human mortali- tion of it when the conjugal affection ceases. Do-
ty, makes a gift to another. 2. When a man, being nationes of this kind were, however, valid when
in immediate danger, makes a gift to another in there were certain considerations, as mortis causa,
such a manner that the thing immediately becomes divortii causa, servi manumittendi gratia. By cer-
the property of the donee. 3. When a man, under tain imperial constitutions, a woman could make
the like circumstances, gives a thing in such a man- gifts to her husband in order to qualify him for cer-
ner thai it shall become the property of the donee tain honours. It must be remembered, that when
7
in case the giver dies. Every person could re- there was no conventio in manum, a wife retained
ceive such a gift who was capable of receiving a all her rights of property which she did not surren-
legacy. der on her marriage (vid. Dos), and she might, during
It appears, then, that there were several forms the marriage, hold property quite distinct from her
fLucian, De Mure. Ooad., c. 1, vol. i., p. 852, ed. Reitz.) 5. (Dig. 39, tit. 6. Cod. viii., tit. 57.) 6. (Cod v., tit. 3. NOT
., Geor?., iii., 32. Ovid, Fast., iii., 335.) 97. c. 1 ; 117, c. 4, <fcc.) 7. (Gains, ii., 93.)
BBB
DORSUARIUS. DOS.
husband. It was a consequence of this rule as to an expression designed to explain the etj \ndogy of
gifts between husband and wife, that every legal the epithet " dossuarius." 1
form by which the gift was affected to be transferred, Beasts of burden also accompanied the army, 1
as mancipatio, cessio, and traditio, conveyed no and were used to carry a part of the baggage. In
ownership stipulations were not binding, and ac-
;
Eastern countries the camel has always been em-
ceptilationes were no release. A difficulty might ployed as a beast of burden.*
remain as to usucapion, but the law provided for The "jumenta dossuaria" carried their load ei
this also. If a woman received from a third person ther by means of panniers (Kavftr/hia) (vid. CUTEL
the property of her husband, and neither the third L-ac) or of the pack-saddle (aujfia). From using the
" " muli
person, nor she, nor her husband knew that it was latter, they were called equi sagmarii,"
" saum-
the husband's property, she might acquire the own- sagmarii," &c., whence came the German
" "
ership by usucapion. If both the giver and the thier," saum-ross," &c., and the English sump-
husband knew at the time of the gift that it was the ter-mule" and " sumpter-horse."*
husband's property, and the wife did not know, it The following woodcut, representing a mule and
might also become her property by usucapion but ;
a camel accompanied by two Scythian or Gothic
not if she knew, for in that case the bona fides conductors, is taken from the column which <A-aa
which was essential to the commencement of pos- erected at Constantinople to commemorate the vic-
session was wanting. If, before the ownership
tories of Theodosius I., and of which dn<yinga
was acquired by usucapion, the husband and wife were made by command of Mohammed II.
discovered that it was the husband's, though the
husband did not choose to claim it, there was no
usucapion for this would have been a mere eva-
;
to the pastoral inhabitants either by mares or by 34.) 3. (Diod. Sic., ii., 54 iii., 45
>> xvii., 105.) 4. (Menage ; ;
ward they were at least provided with money and been born ;* and in the event of a wife dying with-
other personal property :* but in the time of Aris- out issue, her portion reverted to the relatives who
6
-totle, so great were the dowers given (<5ia TO TT/XK- had given her in marriage (ol Ki/pioi) and portioned
icaf iSidovai (UeyuAaf), and so large the number of her.* The portion was also returned if a husband
sTriK^ripoi, or female representatives of families put away his wife, and in some cases, probably set-
(ohoi), that nearly two fifths by law, when a woman left her husband.
5
of the whole territory tled
of Sparta had come into the possession of females. That, after the death of the wife, her portion be-
The regulations of Solon were, according to Plu- longed to her children, if she had left any, may be
6
tarch, somewhat similar in respect of dower to the inferred from Demosthenes if they were minors,
;
old regulations at Sparta for the Athenian legisla- the interest was set apart for their education and
:
tor, as he tells us, did not allow a woman, unless maintenance. When the husband died before the
she were an emK^rjpof, to have any fyspvii or dower, wife, and she remained in the family (pevovarjc kv
except a few clothes and articles of household fur- rC> olicy), the law appears to have given her portion
niture. It is plain, however, that such an interfe- to her sons, if of age, subject, however, to an allow-
rence with private rights could not be permanent ;
ance for her maintenance. 7
and, accordingly, we find that, in after times, the If the representatives of the deceased husband
tlowers of women formed, according to the account (ol TOV Khrjpov EXOVTSC;) wrongfully withheld her por-
7
in Bb'ckh, a considerable part of the movable prop- tion from his widow, her guardians could bring an
" even with
erty of the state :
poor people they va- action against them for it, as well as for alimony
ried in amount from ten to a hundred and twenty (SiKri irpoiKdf Kal airov 6 ). Moreover, if a husband,
minas. The daughter of Hipponicus received ten after dismissing his wife, refused to return her por-
talents at her marriage, and ten others were prom- tion, he might be sued for interest upon it as well
ised her." This, however, was a very large por- as the principal the former would, of course, be
:
8
tion, for Demosthenes informs us that even five reckoned from the day of dismissal, and the rate
talents were more than was usually given, and Lu- was fixed by law at nine oboli for every mina, or
cian 9 also speaks of the same sum as a large dowry. about 18 per cent. The guardians were farther au-
The daughters of Aristeides received from the state, thorized by the same law to bring an action for ali
as a portion, only thirty minas each. 10 We may ob- mony in the Ql6elov.
9
We
may add that a dinii
serve, too, that one of the chief distinctions between Kpoittog was one of the typTjvoi d'ucai, or suits that
10
a wife and a Tra/IAa/o? consisted in the former having might be tried every month.
a portion, whereas the latter had nbt ; hence per- DOS (ROMAN). Dos (res uxoria) is everything
sons who married wives without portions appear to which, on the occasion of a woman's marriage, waa
have given them or their guardians an o^oAoy/a transferred by her, or by another person, to the hus-
11
xpoiKog, or acknowledgment in writing, by which band, or to the husband's father (if the husband waa
the receipt of a portion was admitted. (Vid. CON- in his father's power), for the purpose of enabling
CUBINA.) Moreover, poor heiresses (ruv ejriK^puv the husband to sustain the charges of the marriage
"Gat. dqTiKbv Te'A.dvaiv) were either married or por- state (onera matrimonii). All the property of the
toned by their next of kin (aid. ARCHON), accord- wife which was not made dos, or was not a dona-
hg to a law which fixed the amount of portion to be tio propter nuptias, continued to be her own, and
riven at five minas by a Pentacosiomedimnus, three was comprised under the name of parapherna. The
12
y a Horseman, and one and a half by a Zeugites. dos, upon its delivery, became the husband's proper
In illustration of this law, and the amount of por- ty, and continued to be his so long as the marriage
.ion, the reader is referred to Terence, who says,
13 All things that could be objects
relation existed.
" Lex est ut of property (vid. DOMINIUM), as well as a jus re, i
orbce, qui sint genere proximi
Us nubant ;" and, in fact, anything by which the substance 01 the
husband could be increased, might be the objects of
and again,
"
Ilidem ut cognata si sit, id quod lex jubet,
dos. Any person who had a legal power to dispose
of his could give the dos but the dos was
Dotem dare, abduce hanc : minas quinque accipe." 1 * dividedproperty
;
ther by way of settlement on the wife, or as a pro- was emancipated, provided the father
gave it as
vision for repayment in case circumstances should such (ut
parens). All other dos is adventicia. The
arise to require it. With regard to this, we are told dos recepticia was a species of dos adventicia, and
that, whenever relatives or guardians gave a woman was that which was given by some other person
a portion on her marriage, they took from the hus- than the father or father's father, on the considera-
band, by way of security, something equivalent to it, tion of marriage, but on the condition that it should
as a house or piece of land. The person who gave be restored on the death of the wife. The giving
binding unless certain legal forms were observed its restoration. Justinian enacted that the action
(non deberi viro dotem, quam nul/o auctore dixissci ). should always be ex stipulatu, even when there
1
An example of a promissio dotis occurs in Plautus. 8 was no contract, and should be an actio bonae ridei.
As the dos became the husband's property, he had The wife had no security for her dos, except in
a right to the sole management, and to the fruits of the case of the fundus dotalis, unless she had by
it ; in fact, he exercised over it all the rights of contract a special security but she had some priv- ;
ownership, with the exception hereafter mentioned. ileges as compared with the husband's creditors
He could dispose of such parts of the dos as con- Justinian enacted that on the dissolution of the mar-
sisted of things movable but the Julia lex (de riage the wife's ownership should revive, with all
;
adultcriis) prevented him from alienating such part the legal remedies for recovering such parts of the
of the dos as was land (fundus dotalis, dotalia pr<z- dos as still existed that all the husband's property
;
3
dia; dotales agri*) without his wife's consent, or should be considered legally pledged (tacita kypoth-
pledging it with her consent.
5
The legislation of eca) as a security for the dos ; and that the wife,
Justinian prevented him from selling it also, even but she alone, should have a priority of claim on
with the wife's consent, and it extended the law to such property over all other creditors to whom the
provincial lands. same might be pledged.
The husband's right to the dos ceased with the The dos was a matter of great importance in Ro-
marriage. If the marriage was dissolved by the man law, both because it was an ingredient in al-
death of the wife, her father or father's father (as most every marriage, and was sometimes of a large
the case might be) was entitled to recover the dos amount. The frequency of divorces also gave rise
profecticia, unless it had been agreed that in such to many legal questions as to dos. woman whose A
case the dos should belong to the husband. The dos was large (dotata uxor) had some influence over
dos adventicia t,came the property of the wife's her husband, inasmuch as she had the power of di-
heirs, unless the person who gave it had stipulated vorcing herself, and thus of depriving him of the
that it should te returned to him (dos recepticia). enjoyment of her property. The allusions to the
The dos could be claimed immediately upon the dos are numerous in the Roman writers.
dissolution of the marriage, except it consisted of It is a disputed point whether there could be dos,
things quae numero, &c., for which time was al- properly so called, in the case of a marriage with
lowed. 6
conventio in manum. (Vid. MARRIAGE.) 1
In the case of divorce, the woman, if she was sui DOULOS (doCAof). (Vid. SERVUS.)
juris, could bring an action for the restitution of *DRABE (dpd6jj), Pepperwort, or Lepidium draba.*
the dos if she was in the power of her father, he
; DRACHMA
(dpaxurj), the principal silver coin
brought the action jointly with his daughter. (Vid. among the Greeks. The two chief standards in the
DlTORTIUM.) currencies of the Greek states were the Attic and
The dos could not be restored during the mar- ^Eginetan. We
shall, therefore, first speak of the
riage, for this was contrary to a positive rule of law. Attic drachma, and afterward of the ^Eginetan.
(Vid. DONATIO INTER VIRUM ET uxoREM.) Yet, in The average weight of the Attic drachma from
the case of the husband's insolvency, the wife could the time of Solon to that of Alexander was 66-5
demand back her dos during the marriage. In cer- grains. It contained about ^Lth of the weight al-
tain cases, also, the husband was permitted to re- loy and hence there remain 654 grains to be val-
;
Btore the dos during the marriage, and such resto- ued. Each of our shillings contains 80-7 grains of
ration was a good legal acquittance to him these :
cxcepted cases were either cases of necessity, as pure silver. The drachma is, therefore, worth
80-7
the payment of the wife's debts, or the sustentation
of a shilling, or 9-72 pence, which may be called
of near kinsfolks. 7
9|d.
a
After Alexander's time, there was a slight
What should be returned as dos depended on the decrease in the weight of the drachma, till, in course
fact of what was given as dos. If the things given
of time, it only weighed 63 grains. The drachma
were ready money, or things estimated by quantity,
contained six obols (ofoAot) and the Athenians had ;
380
DRACHMA.
Pence. Farth.
Oiobolos .
3 1
Triobolus ,
4 35
Tetrobolus ,
6 2
Drachma . 9 3
Didrachm 1 7 2
Tetradrachm 3 3
The mina contained 100 drachmae, and was, con-
sequently, equal to 4/. Is. 3d. and the talent 60 ;
* Obol . . .
DROMEDAKITJS. DUP1ICARI1.
alsa repeatedly connects the Dragon with the In- *DRY INTJS /
(opvivotf, a species of serfent, so
dian worsh.p of Bacchus.
1
Now it is known that called from lodging in the hollows of oaks (optf,
its
" an
According to Nicander, it was also
1
the Boa is worshipped even to this day in some parts oak").
of Hindustan. Still farther, if the reader will com- called x&vSpoc., an appellation given it because its
pare the descriptions of the Ethiopian dragons giv- scales are rough like those of a tortoise (jeAwf,
3 " a
en by Julian" end Philo with the stories which tortoise"). Sprengel supposes it to be the Colu-
5
Pliny* and Diodorus Siculus tell of serpents, he ber liberlinus. Gesner says it is called in English
s
will readily perceive that they are all referable to the Sea-snail.
the great Boa. Another argument in favour of this *DRYOCALAPTES (6pvo K al.dnTvfi, the PICKS,
opinion may be drawn from the famous group of or Woodpecker. "About the three species de-
" there
the " Laocoon" in the Vatican. It must strike every
3
scribed by Aristotle," remarks Adams, ia
person who has seen a model of it, that the immense considerable doubt. The first two would appear to
serpents which are coiled around the human figures be the Picus Mzrtius, L., or the black Woodpecker :
represent Boas. Now these serpents are called and the Picus viridis, the green Woodpecker, or
" dracones" 6
by Pliny in describing the group, and Popinjay. That the largest species is the Picus
by Virgil in his relation of the event which forms major, or Whitwall, has Been conjectured, but can-
7
the subject of it. Lord Byron, 8 by-the-way, is sin- not be afBrmed with certainty. The tiptop
of Aris-
gularly unfortunate in calling the serpent of the Lao- tophanes was most probably the P^" s viridis."*
coon an " asp," since the asp was a comparatively *DRYOPT'ERIS (tipvoKTepic), according t
small reptile, and is said by Nicander and other Sprengel, the Polypodium dryoplcrit, or Oak-fern.
toxicologists to despatch its victim without pain. Dierbach, however, holds that the Asplinium adian-
But the following passage in Jerome's life of Hi- tum nigrum is also comprehended under it.- 8
larius puts the identity of the Dragon and the Boa *DRYPIS (6pvm f ), according to Sprengel and
"
beyond dispute :
Siquidem Draco, mirae magnitu- Stackhouse, the Drypis spinosa. Schneider^how-
dinis, quos gentili nomine Boas vocant, ab eo quod ever, has doubts.*
tarn grandes sint ut boves glutire soleant, omnem *DRYS (Spvf), the Oak. (Vid. QUERCUS.)
9
late vastabat provinciam," &c. In confirmation of DUCENA'RII, the name of various officers and
he theory which is here sought to be established, magistrates, of whom the principal were as fol-
he reader is referred to the remarks of Griffith in low:
his edition of Cuvier. It may be stated with re- I. DUCENARII was the name given to the Roman
gard to the etymology of the term Boa, that, ac- procuratores, who received a salary of 200 sester-
cording to some of the ancient writers, this serpent tia. Dion Cassius 7 says that the procuratores first
was so called from its habit of following the hinds, received a salary in the time of Augustus, and that
in order to fasten itself to the teats of cows and they derived their title from the amount of their
suck their milk (" bourn lacte delectantur"). The salary. We
thus read of centenarii, trecenarii, &c.,
so-called boas of the Eastern continent belong prop- as well as of ducenarii. 8 Claudius granted to the
10
erly to the genus" Python. procuratores ducenarii the consular ornaments.'
*DRACONT'IUM (dpanovnov), a plant answer- II. DUCENARII formed a class or decuria of judi
10
ing, according to Fuchsius, Dodonaeus, Sprengel, ces, and were first established by Augustus. They
and other botanical authorities, to the Arum Dra- were so called because their property, as valued in
" It is the rdpxuv of the census, only amounted to 200 sestertia.
exnculus, or Dragon heib. They
Simeon Seth. The dpatcovriov Zrepov is the Arum appear to have tried causes of small importance. 11
Itali-cum, Lam., according to Sprengel. Stackhouse III. DUCENARII were in later times officers who
makes the dpanovrtov of Theophrastus to be the commanded two centuries, and who held the same
11
Arum maculatum, or spotted Wake-robin." rank as the primi hastati in the ancient legion. 1 "
*DREP'ANIS (Sptnai>k ), the name of a bird inci- DUCENTE'SIMA was a tax of half per cent,
dentally mentioned by Aristotle and Pliny. Ac- upon all things sold at public auctions. The ccnte-
cording to Gaza and Scaliger, it is the same with sima, or tax of one per cent., was first established
13
the Reed-sparrow but this opinion is rejected by
; by Augustus, and was reduced to half per cent, by
Hardouin. Schneider is inclined to rank it under Tiberius. 14 The tax was abolished altogether by
15
the genus Procellaria of Linnaeus, called in English Caligula as far as Italy was concerned, whence
the Petrel, or Sea-swallow. :a we find on some of the coins of this emperor the
*DROMEDARTUS, the Dromedary, or Camelus letters R. C C., that is, Remissa Duccntesima. On
Dromedarius, L. This is the Arabian Camel (Ka/u- one of his coins, preserved in the British Museum,
ri?iOf 'ApofiiOf, Aristot. ; Camelus Arabia, Plin.), we find on the obverse, C. CJESAK. Dm. AUG.
having only one hunch, the Bactrian having two. PRON. AUG., and S. C. in the centre with the cap of
Strictly speaking, however, the Dromedary is only liberty and on the reverse, PON. M. TR. P. III. P.
;
a breed of the one-hunch kind. The name is of P. Cos. DES. III., and' in the centre R. C C. These
Greek origin, and refers to the fleetness of the ani- last three letters have been interpreted by some
mal (dpbuoq, " a race"). The one-hunch species writers to mean Rei Censitca Conservator ; but there
extends from the foot of Caucasus over Persia and can be no doubt that the interpretation given above
16
Turkoy, Arabia, northern Africa, and India. (Vid. is the correct one.
CAMKLUS.) Those of Turkey are the strongest, and DUPLICA'RII were soldiers who received double
17
best suited for burden those of Arabia and Bom-
; pay or double allowance for their services. They
18
bay the lightest and those of India, where there
; are frequently mentioned in inscriptions, but more
18
are breeds for both purposes constantly supplied by commonly under the name of duplarii. In one in-
fre?h importations from the northwest, are yet
3. (H.
prrbably inferior in their class to those more in
1. 2. (Adams, Append., s. v.)
(Nicand., Ther.,411.)
13 A., viii., 5.) -4. (Aristoph., Aves, 305. Adams, Append., s. v.)
tl'ts vicinity of their original climate. 5. (Dioscor., iii.,186. Galen, De Simpl., vi. Adams, Ap-
pend., s. v.) 6. (Theophrast., H. P., i., 10.) 7. (liii., 15.)- 8.
1. (Dionys., xi., 59; ix., 14, &c.) 2. (N. A., ii. 21.) 3. (Vid. Capitolin., Pertin., 2. Orelli, Inscrip., No. 946.)- 9.
It. 66.)-4. (H. N., viii., 14.) 5. (iii., 10, 37.) 6. (H. N., (Suet., Claud., 24.) 10. (Suet., Octav., 32.) 11. (Rein, da*
zxxvi., 4 ) 7. (JEi\., ii., 225.) 8. (Childe Harold, iv., 160.) Rom. Privatrecht, p. 413.) 12. (Veget., ii., 8. Orelli, hi-
14. (1. c., ii.. 42.)
0. (At'ems, Append., s. v.) 10. (Griffith's Cuvier, vol. ix., p. scrip., No. 3444.) 13. (Tacit., Ann., i., 78.)
327, seqq.) 11. (Theophrast., II. P., ix., 22. Dioscor., ii., 195. 15. (Suet., Cal., 16.) 16. (Vid. Eckhel, Doctr. Num., vi., p.
Paul. JEgin., vii., 3. Adams, Append., s. v.) 12. (Aristot., 224. Orelli, Inscrip., No. 701.) 17. (Varro, De
Ling. Lat., v.,
II. A., i., 1. Plin., II. N., xi., 107. A 'ams, Appendix, s. v.) 90, ed. Mfiller. Liv., ii., 59. Orelli, No. 3535.) 18. (Orelli,
13. (Griffith's Cuvier, vol. iv., p. 49.) Nos. 3533, 4994.)19. (Orelli, Nos. 3531, 3535, 34*6, 3481, &c.
ECHENEIS ECCLESIA.
1
wription the form duplicarius occurs. Vegetius* that the former corresponds to the Echeneis ,iaucr+
calls them duplares milites. tes, L., or Sucking-fish, and the latter to the Petro-
DUPLICA'TIO. (Vid. ACTIO, p. 19.) myzcm Lampetra, L., or Lamprey-eel. Artedj staten
DUPO'NDIUS. (Vid. As, p. 111.) that the Galaxias (yafa&at) of Galen corresponds
DUUMVIRI, or the two men, the name of various to the Lamprey, and Rondelet and Nonnius refer
magistrates and functionaries at Rome, and in the the pdehha of Strabo to the same. The ancient
colonise and municipia. In inscriptions we also stories about its stopping vessels in their course
meet with the form duomvires 3 and duovir* would appear to be fabulous, and yet it is worthy of
I. DUUMVIRI JURI DICUNDO were the highest ma- notice that they are still credited by the inhabitant*
(Vid. COLONIA, of Dalmatia and the neighbouring countries."
1
gistrates in the municipal towns.
p. 282.)
*ECH'IUM (EXIOV), a plant, supposed to be a
II. DUUMVIRI NAVAI.ES were extraordinary magis- remedy against the bite of a viper (^if).
" The
trates, who were created, whenever occasion re- Echium vulgare, or common Viper's Bugloss, has
quired, for the purpose of equipping and repairing been generally acknowledged to be the I%LOV of Ni-
the fleet. They appear to have been originally cander and Dioscorides but, according to Spren- ;
appointed by the consuls and dictators, but were gel, this is a mistake, since the flowers of the Echium
6
first elected by the people B.C. 311. vulgare are blue, whereas Dioscorides describes
III. DUUMVIRI PERDUELLIONIS. (Vid. PERDUEL- those of the ex LOV as being purple. It is to be re-
which Ebony is spoken of among the articles of which certainly needs confirmation.*
tribute paid by the Ethiopians to the king of Persia. *II. A
testaceous genus containing many species:
Either, therefore, the name of Ethiopia is to be in English, the Sea-urchin. Aristotle gives a very
taken in a very general sense for the country of minute description of this genus. " The extvof i&-
and " the Echinus
sun-burned races, may consequently include In- udiuof is no doubt," observes Adams,
dia, or else Virgil is in error. Notwithstanding the esculentus, L., called in English the edible Sea-urchin.
numerous botanists who have travelled into India, The two species called a-xuTayyog and flpiaaos can-
Te have not been able, until recently, to deter- not be satisfactorily determined. The difference
mine to what tree the Ebony was to be assigned. of habitats in the Land and Sea urchin gave rise to
It is now certain that it is one of the genus Diospy- the Greek proverb expressive of irreconcilable,
nu. A work on the Materia Medica, published at habits npiv ice Svo ixivoi k<; <pi?iiav ZMoiev."*
:
10
Madras, says that Ebony is the wood of a tree III. (Vid. DIKE.)
called in the Tamoul language Atcha maroum, which *ECHIS and " Most
ECHIDNA
(Sxv, frM.
grows abundantly in the Gaugam-Circars, in Berar, of the ancient authors who treat of serpents repre-
and even in the island of Ceylon, where the natives sent these as the Male and Female Viper ; but, from
term it Naugagaha. According to the author of the the descriptions of them given by Nicander, it would
work just mentioned, it is the Diospyrus Ebcnaster appear that they were distinct species. Sprengel
of Kcenig. As regards the name which the Greeks accordingly refers the Asiatic xio~va to the Coh cr
'
and Romans have given this tree, and which it still JEgyptius, the European #t<5j>a to the Coluber
bears in all the languages of Europe, it may be re- Berus, and the exif to the Coluber Ammodytes. The
marked, that it comes from the Hebrew homonym word dripiov is often applied /car' tt-uxf/v to the Viper
hdbdn. Its Arabic name, Abnous, is nothing more (Coluber Berus), and hence &r/piai<f/ is used to signify
than a corruption from tfievof. 11 " Modern bota- the Electuary of Vipers. The Viper is the Epfie of
nists," says Adams,
'
have applied various names to Scripture.'"
the Ebony-tree, namely, Ebenus Cretica, L. Dios-
; ECCLE'SIA (EKKlqaia). The iKKtyoiat of the
pyrus Melanoxylon, Roxb. ;
DEbenus and Ebenas- Athenians were general assemblies of the citizens,
trum, Retz. and Ebenoxylon verum, L. Theophras- in which they met to discuss and determine upon
;
tus also notices an Ebony shrub, which Sprengel, in matters of public interest. These assemblies weie
his edition of Dioscorides, holds to be the Anthyllis either ordinary, and held four times in each prjtany,
Crelica. It is the same as the Vulneraria of Tourne- or extraordinary, that is, specially convened upon
fort (namely, Woundwort), and hence it is now any sudden emergency, and therefore called avy-
1 '
Called Anthyllis Vulneraria." iToi. On occasions of extreme importance when
*ECHENE'IS (exevnif), a species of Fish. " It it was desirable for as many persons as possible to
would appear that the lx VTlif of Aristotle and Pliny be present at the discussion of any question, th
was different from that of Oppian and ^Elian, and people were summoned by express from the country
1. (Orelli, No. 3534.) 2. (ii., 7.) 3. (Orelli, Inscrip., No. 1. (Aristot., H. A., ii., 14. JElian, N. A., i., 36 ; ii., 17.
Jfc08.)^l. (Orelli, No. 3886.) 5. (Liv., ii., 30 ; xl., 18, 28 ;
Oppian, Hal., i., 223. Adams, Append., s. v.) 2. (Dioecor.,
xli., 1. Scheffer, De MiL Nav., p. 284.) 6. (Liv., vii., 28; iv., 28.Nicand., Ther., 637. Adams, Append., 8. v.)--3. (In
nii., 33; xxxv., 41.) 7. (Georg., ii., 117.) 8. (i., 129.) 9. Tertull., lib. de Pallio, p. 186.) 4. (Aristot.. II. A., i., 6.-
(iii., 97.) 10. (Materia Medica, by Whitelaw Ainslie, Madras, Sibthorp, MSS. in Walpole's Memoirs, vol. i., p. 265.) 5
1813.) 11. (F4e, Flore de Virgile, p. xlviii., &c.) 12 (Adams, (Aristot., H. A., iv., 5. Adams, Appeu)., .) 6. (Adama
iuixuid.j s. v.) s. v.)
Append.,
383
ECCLESIA. ECCLESIA.
10 the city, and then the assembly was called a a slope connected with Mount Lycabettus and part-
Karantyaia, the proper meaning of K araKa^elv being ly, at least, within the walls of the city. It \ras
to call from the country into the city. The ordi- semicircular in form, with a boundary wall pail rock
nary assemblies were called vo/u/zoi or Kvpiai, ac- and part masonry, and an area of about 12,00"
cording to the scholiast on Aristophanes, who square yards. On the north the ground was filled
1
moreover informs us that there were three such in up and paved with large stones, so a? to get a level
every month. But, according to the best-informed surface on the slope from which fact some gram- ;
grammarians, who followed Aristotle, the name KV~ marians derive its name (napu rrjv TUV "hiduv KVK
oia was appropriated to the first only of the regular voTTjra) Towards this side, and close to the wall,
assemblies of each prytany. Such, at least, is the was the pijpa, a stone platform or hustings ten or
5
account given by Pollux and Harpocration, the for- eleven feet high, with an ascent of steps it was ;
mer of whom asserts that the third of the regular cut out of the solid rock, whence it is sometimca
was partly devoted to called 6 Woe, as in Aristophanes we read <5<mf
1
assemblies in each prytany
the reception of ambassadors from foreign states. Kparei vvv rov "hldov TOVV ry llvnvi. The position
Aristophanes, however, in the Acharnians,* rep- of the /%zo was such as to command a view of the
resents ambassadors who had just returned from sea from behind (on which account the thirty ty-
Persia and Thrace as giving an account of their rants are said to have altered it), and of the ilponv-
embassy in a Kvpia eKKhrjaia, which, according to \aLa and Parthenon in front, though the hill of the
Pollux, would be not the third, but the first of the Areiopagus lay partly between it and the Acropolis.
regular assemblies. With a view of reconciling Hence Demosthenes, 4 when reminding the Athe-
these discrepancies, Schomann* supposes that Solon nians from this very fifjua of the other splendid
originally appointed one regular assembly, called works of their ancestors, says emphatically ILponv-
Kvpia, to be held on a certain day of every prytany, Aato ravTa and we may be sure that the Athenian
:
and that afterward additional assemblies were insti- orators would often rouse the national feelings of
tuted, appropriated respectively to particular pur- their hearers by pointing to the assemblage of mag-
" monuments of Athenian
poses, though the term Kvpia was still reserved for nificent edifices, grati-
the assembly formerly so called. If, however, the tude and glory," which they had in view from the
place was
s
representation of Aristophanes is in agreement with Pnyx. That the general situation of the
the practice of his age, we must farther suppose, elevated is clear from the phrase uva6aivet,v els TW>
what is very probable, that the arrangements for eKKtyaiav, and the words nag 6 dfjftof uvu Kadtjro,
business, as described by Pollux, were not always applied to a meeting of the people in the Pnyx.*
observed even in the time of the poet and since, a After the great theatre of Dionysus was built, the
;
few years after Aristotle's time, many changes took assemblies were frequently held in it, as it afforded
place in the constitution of Athens, it may have space and convenience for a large multitude ; and
happened that the name Kvpia was then given to all in some particular cases it was specially determined
the regular assemblies, in which case the scholiast by law that the people should assemble there.* As-
probably identified the customs and terms of a late semblies were also held in the Peiraeus, and in the
4
age with those of an earlier period. Moreover, the theatre at Munychia.
number of prytanies in each year, originally ten, one We
will now treat of the right of convening the
(31 each tribe, was, on the increase in the number people. This was generally vested in the prytanea
of the tribes at Athens, raised to twelve, so that or presidents of the council of Five Hundred (vid.
the prytanies would then coincide with the months BOULE, p. 168) but in cases of sudden emergen- ;
oi the year a fact which, taken in conjunction with cy, and especially during wars, the strategi also had
:
4
oLher circumstances, seems to show, that the au- the power of calling extraordinary meetings, for
thorities who speak of three regular assemblies in which, however, if we may judge by the form in
e-ich month had in view the times when a prytany which several decrees are drawn up, the consent of
f nd a month were the same thing.
t Some authors the senate appears to have been necessary. 7 The
have endeavoured to determine the particular days four ordinary meetings of every prytany were, nev-
on which the four regular assemblies of each pryta- ertheless, always convened by the prytanes, who
riy were held but Schomann* has proved almost to not only gave a previous notice (TrpoypuQeiv TT/V eK-
;
Demonstration, that there were no invariably fixed K^rjaiav) of the day of assembly, and published a
days of assembly and at any rate, even if there program of the subjects to be discussed, but also,
;
v/ere, we have not sufficient data to determine them. as it appears, sent a crier round to collect the citi-
7
Ulpian says, in allusion to the times when there zens (avvayeiv TOV 6r/nov*). At any rate, whenevei
were three assemblies in every month, that one was the strategi wished to convene one of the extraor-
held on the eleventh, another about the twentieth, dinary assemblies, notice was certainly given of it
a third about the thirtieth, of each month and it is, by a public -proclamation ; for, as Ulpian observes,'
;
of course, not improbable that they were always these assemblies were called av-yK^ijroi, because the
held at nearly equal intervals. people were summoned to them by officers sent
The place in which the assemblies were anciently round for that purpose (OTI avveicdhovv rivee Trepuov-
held was, we are told by Harpocration, the ujopa. ref). But, independent of the right which we have
8
Afterward they were transferred to the Pnyx, and said the strategi possessed of convening an extra-
at last to the great theatre of Dionysus, and other ordinary meeting, it would seem, from the case )f
places. Thus Thucydides* speaks of the people be- Pericles, 10 that a strategus had the power of pre' Ant-
ing summoned to the Pynx, the usual place of as- ing any assembly being called. It is, however, im-
sembly in his times and Aristophanes, 10 in descri- portant to observe, that such an exercise of power
;
"
bing Demus," the representative of the Athenian would perhaps not have been tolerated except du-
"
people, just as John Bull" is of the English, calls ring wars and commotions, or in the person of a
that character A^uof TlvKvirrjf, or Demus of the
(parish of) Pnyx a joke by which that place is
: 1. (Pax, 680.) 2. (Ilepl "Swral-, 174.) 3. (Cramer, Assrltnt
vol. ii., p. 335. Wordsworth, "Athens and Attica."
represented as the home of the Athenians. The Greece, In the latter of these works are two views of the remains of ttia
eiti'ation of it was to the west of the Areiopagus, on 4. (Demosth., De Cor., p. 285.) 5. (Demosth., c. MeiO.,
Pnyx.)
517.)_6. (Demosth., De Fals. Le?., p. 359. Lysias, c. Agor.,
1. fAchar., 19.) 2. 96.) 3. (61.) 4. (De Comit.. c. 133. 7. (Demosth., De Cor., 249.) 6.
1
(viii., Thucyd., viii., 93.)
>
* (Schomann, ii., 44.) 6. (ii., 47.) 7. (ad Demosth., c.
(Pollux, viii., 95. Harpocrat., s. v. Kvpia 'E.KK\rtala. De-
Tiroocr., p. 706.) 8. (a. v. Hav^oj 9. (ad Demoeth., De Fals. Leg.,
'A0po<5/nj.) .
(viii., 97.) mosth., c. Aristog-., 772.)
16 (Equit.. 43.; 100, A.) 10. (Thucyd . ii., 22.)
.184
ECCLESIA. ECCLESIA.
distinguished character like Pericles and that un- ; or foreigners, who enjoyed nearly
,
der different circumstances, at any rate after the equal privileges with the citizens, are by some
time of Solon, the assemblies were always called by thought to have had the same rights as adopted cit-
the prytanes. All persons who did not obey the call izens, with respect to voting in the assembly.
1
were subject to a fine, and six magistrates, called This, however, seems very doubtful at any rate, ;
lexiarchs, were appointed, whose duty it was to take the etymology of the word lao-efalf does not justify
care that the people attended the meetings, and to such an opinion.
levy fines on those who refused to do so. With a
1
In the article BOULE it is explained who the pry.
view to this, whenever an assembly was to be held, tanes and the proedri were and we may here re- ;
certain public slaves (Znvdai or roforai) were sent mark, that it was the duty of the proedri of tho same
round to sweep the ayopu. and other places of public tribe, under the presidency of their chairman (6 kiri-
resort with a rope coloured with vermilion. The crarT/f), to lay before the people the subjects to be
different persons whom these ropemen met were discussed to read, or cause to be read, the previ-
;
driven by them towards the iKKTitjaia, and those who ous bill (ro TrpoGovhEvpa) of the senate and to give ;
refused to go were marked by the rope and fined. permission (yvu[ias -irpondevai) to the speakers to
3
Aristophanes alludes to this subject in the lines, address the people.
KUVU KOI KUTU
ol 6' ev uyopq, "Xakoiiai, They most probably sat on the steps near the /?)?-
TO cxotviov (jievyovai TO p,Efj.L7t.TU(j.evov . fia,to which they were, on some occasions, called
Besides this, all the roads except those which led to by the people. In later times they were assisted in
the meeting were blocked up with hurdles (ysppa), keeping order (eiiKocfiia) by the members of the pre-
which were also used to fence in the place of as- siding tribe, 37 irpoedpevovaa $v"krf (vid. BOULE) ;
close of the proceedings they received the money it means any lustral victims. Thus tho crier
from one of the thesmothetae. 6 This payment, how- says,' HupiT' f TO irpoadev irdpiO' of uv Ivrof j?r<j
ever, was not made TOV KaddpfiaTOG. The favourite victims were suck-
to the richer classes, who at-
tended the assemblies ing pigs (xoipidia), the blood of which was sprinkled
gratis, and are therefore call-
ed oiKocriToi, EKKhrjaiaaTai by the poet Antiphanes about the seats, and their bodies afterward thrown
in a fragment preserved by Athenaeus. 7 The same into the sea. 7 After the peristiarch the crier fol-
word olnomrog is applied generally to a person who lowed, burning incense in a censer. When these
receives no pay for his services. ceremonies were concluded, the crier proclaimed
With respect to the right of attending, we may silence, and then offered up a prayer, in which the
observe, that it was enjoyed by all legitimate citi- gods were implored to bless the proceedings of the
zens who were of the proper age (generally suppo- meeting, and bring down destruction on all those
sed to be twenty, certainly not less than eighteen), who were hostilely disposed towards the state, or
and not labouring under any uTipia or loss of civil who traitorously plotted its overthrow, or receh :d
rights. All were considered citizens whose parents bribes for misleading and deceiving the people. 8
were both such, or who had been presented with On the conclusion of this prayer business began,
the freedom of the state, and enrolled in the regis- and the first subject proposed was said to be brought
g
ter of some demus or parish. 8 Adopted citizens, forward irp&Tov //era TO, lepd.
however (THHT/TOJ), were not qualified to hold the of- We
must, however, understand that it was ille-
fice of archon or any priesthood. 9
Decrepit old men gal to propose to the ecclesia any particular meas-
(yipovTes oi a^ELfievoi, perhaps those above sixty) ure unless it had previously received the sanction
seem not to have been admitted, although it is not of the senate, or been formally referred by that body
10
expressly so stated. Slaves, and foreigners also, to the people, under the title of a Trpo6ovfavfta.
were certainly excluded, 11 though occasions would The assembly, nevertheless, had the power of al-
of course occur when it would be necessary or de- tering a previous decree of the senate as might seem
18
sirable to admit them and from Demosthenes we fit. Farther information on this point will be found
;
may infer that it was not unusual to allow foreign- under BOULE, to which we may add, according to
ers to er.tsr towards the close of the proceedings, Schomann, 10 that the object of the law mentioned by
when tho most important business of the day had the grammarians ('A-npodovfavTov prjdev ^ifucr/j-a elo-
been concluded; otherwise they stood outside. 13 uvai iv T<JJ (%<j>) seems to have been, not to pro
vide that no motion should be proposed in the a
1. (Pu).UT, Onom., viii., 104.) 2. (Schol. ad Arist., Achar.,
92.) 3. (".. c.) 4. (Pcraosth., c. Neser., p. 1378. > 5. (v., 380 1. (Wolf ad Lept., p. 70.) 2. (jEsch., c. Ctesiph., p. 53.)
-Ooiiip'ire B">okh,Tol. i., p. 307, transl.) 6. (Aristoph., Eccles., 3. (Acharn. 24.) 4. (Eccles., 143.) 5. (Xen., Mem., i., 1, 4
J93.; 7. (vi., o. 52.) 8. (Demosth., c. Nescr., p. 1380.)- 9. (Id., 18. Thucyd., YI., 14.) 6. (Aristoph., Acham., 44.) 7. (Srhol
[>. 1376.) 10. (Aristot., Polit.,iii.,c. 1.) 11. (Aristoph., Thesm., ad Aristoph., 1. c. ; ad ^Esch., c. Timar., p. 48.) 8. (AristooV,
W4 >12. (c. Nesr., p 1375 113. (jK*ih., c. Ccesiph., ). 96.) Thesm., 330.) 9. (Demosth., c. Timocr., 706.) 10. (c ii;.:
C c c 385
ECCLESIA. ECCLESIA.
embly unless previously approved of by the senate, opposed to it should do the same (5ru pi SoKtl. it.
but rather that no subject should be presented for r. A.) they did so and the crier then formed as ac-
: ;
discussion to the people about which a bill of the curate an idea as possible of the numbers for and
senate Lad not been drawn up and read in assembly. against (r/pW^iEL raf ^etpaf), and the chairman of the
The privilege of addressing the assembly was not meeting pronounced the opinion of the majority. 1
confined to any class or age among those who had In this way most matters of public interest were
the right to be present all, without any distinction,
: determined. Vote by ballot (Kpv66rjv z ), on the oth-
were invited to do so by the proclamation (Ttf ayo- er hand, was only used in a few special cases de-
pevttv ftovforai) which was made by the crier after termined by law as, for instance, when a proposi-
;
the proedri had gone through the necessary prelim- tion was made for allowing those who had suffered
inaries, and laid the subject of discussion before the uTi/j.ia to appeal to the people for restitution of their
meeting for though, according to the institutions
;
former rights, or for inflicting extraordinary pupish-
of Solon, those persons who were above fifty years ments on atrocious offenders, and, generally, urvjn
1
of age ought to have been called upon to speak first, any matter which affected private persons.* In
this regulation had, in the days of Aristophanes, be- cases of this sort, it was settled by law that a de-
come quite obsolete. 3 The speakers are sometimes cree should not be valid unless six thousand citi-
simply called ol irapiovref, and appear to have worn zens at least voted in favour of it. This was by
a crown of myrtle on their heads while addressing far the majority of those citizens who were in the
the assembly, to intimate, perhaps, that they were habit of attending for in time of war the number
;
then representatives of the people, and, like the ar- never amounted to five thousand, and in time of
chons when crowned, inviolable. 3 They were by 4
peace seldom to ten thousand.
an old law required to confine themselves to the With
respect to the actual mode of voting by bal-
subject before the meeting, and keep themselves to lot in the ecclesia, we have no certain information ;
the discussion of one thing at a time, and forbidden but it was probably the same as in the courts of law,
to indulge in scurrilous or abusive language the :
namely, by means of black and white pebbles, or
law, however, had, in the time of Aristophanes, be- shells put into urns (nadianoi) the white for adop- \
come neglected and almost forgotten.* The most tion, the black for rejection of any given measure.*
influential and practised speakers of the assembly (Vid,.CADISKOI.)
were generally distinguished by the name of prj-ro- The
determination or decree of the people was
pff. (Vid. RHETOR.) called a ^<j>iafj.a, which properly signifies a law pro-
After the speakers had concluded, any one was posed to an assembly, and approved of by the peo-
at liberty to propose a decree, whether drawn up ple. The form for drawing up the i/^i^uara vari-
beforehand or framed in the meeting ('Ev TU dij/x.) ed in different ages. (Vid. BOULE ar.tl GRAMMA-
&
ffvyypdipea6ai. ), which, however, it was necessary TEUS.)
to present to the proedri, that they might see, in We now come to the dismissal of the assembly;
conjunction with the vo/zopv/la/ccf, whether there the order for which, when business was over, wa
was contained in it anything injurious to the state, given by the prytanes (ehvaav TIJV EKK^.rjaiav'), through
or contrary to the existing laws. 6 If not, it was the proclamation of the crier to the people ; 6 and ai
read by the crier though, even after the reading,
;
it was not customary to continue meetings, which
7
the chairman could prevent its being put to the vote, usually began early in the morning, till after sun-
unless his opposition was overborne by threats and set, if one day were not sufficient for the comple-
clamours. 7 Private individuals, also, could do the tion of any business, it was adjourned to the next.
same, by engaging upon oath (v-Kufioaia) to bring But an assembly was sometimes broken up if any
against the author of any measure they might ob- one, whether a magistrate or private individual, de-
ject to, an accusation called a ypafyrj napavofiuv. clared that he saw an unfavourable omen, or per-
If, however, the chairman refused to submit any ceived thunder and lightning. The sudden appear-
question to the decision of the people, he might be ance of rain, also, or the shock of an earthquake, or
8
proceeded against by evdeiS-ic and if he allowed
; any natural phenomenon of the kind called 61001)-
the people to vote upon a proposal which was con- fitai, was a
sufficient reason for the hasty adjourn-
trary to existing constitutional laws, he was in ment of an assembly. 8
some cases liable to arista.* If, on the contrary, We
have already stated, in general terms, that
no opposition of this sort was offered to a proposed matters of public and national interest, whether
all
decree, the votes of the people were taken, by the foreign or domestic, were determined upon by the
permission of the chairman, and with the consent people in their assemblies, and we shall conclude
of the rest of the proedri whence the permission is this article by stating in detail what some of these
:
said to have been given sometimes by the proedri matters were. On this point Julius Pollux 9 in-
and sometimes by the chairman, who is also simply forms us, that in the first assembly of every pryta-
called 6 npaedpof, just as the proedri are sometimes ny, which was called Kvpia, the imxeiporovia of the
styled prytanes.
10
The decision of the people was magistrates was held i. e., an inquisition into their ;
given either by show of hands or by ballot, i. e., by conduct, which, if it proved unfavourable, was fol-
casting pebbles into urns (KadiaKoi) ;
the former lowed by their deposition. In the same assembly,
was expressed by the word x^poTovElv, the latter moreover, the eloayyehiai, or rxtraordinary inform-
by $ri(j>i&<?6ai, although the two terms are frequent- ations, were laid before the people, as well as aU
ly confounded. The more usual method of voting matters relating to the watch and ward of the coun-
was by show of hands, as being more expeditious try of Attica the regular officers also read over the
;
and convenient (xeipoTovia). The process was as lists of confiscated property, ?nd the names of those
follows: The crier first proclaimed that all those who had entered upon inheritances. The second
who were in favour of a proposed measure should was devoted to the hearing of those who appeared
hold up their hands (OTU donel. K. r. /I. apuru TT/V before the people as suppliants for some favour, or
: then he proclaimed that all those who were for the privilege of addressing the assembly without
incurring a penalty, to which they otherwise
would
2. (Demosth., De Cor.,
1. (./Esch., c. Ctesiph., p. 54.) p. 285.
Aristoph., Acharn., 43.) 3. (Aristoph., Eccles., v., 130, 147.)
4. (JEsch., c. Timar., p. 5. Aiistoph., Eccles., 142.) 5. (Plato, 1. (Suidas,s. v. KarxP<'<5v)7i'.) Mus., voL i., p.
2. (Phil.
4.
GoTg., 451.) 6. (Pollux, Ono.n., viii., 94.) 7. (^Eschin., De 424.) 3. (Demosth., c. Timocr.. 715, 719.) (Thucyd., rii,
6.
Fals. Leg., p. 39.} -8. (Plato, Apol., 32.) 9. (Demosth., c. Ti- 72.) 5. (Schol. ad Aristophan. iTcsp., 981.) (Aristophan,
-
mocr., p. 719 ) 10. (JEschia.., c. Cteeiph., 64. Demosth., c. Acharn., 173.) 7. (Id., 20.) 8 (Anstoch., Nub., 579. Th
Meid., 517.) cyd., v., 46.) .
(viii.. 95.
386
ECCLESIA. ECLECTIC!.
ha re been liable, or for indemnity previous to giv Schomann remarks, "the people likewise dett
ing information about any crime in which they were mined in assembly upon the propriety of conferring
accomplices. In all these cases it was necessary rewards and honours on such citizens or strangers,
to obtain an utieta, i. e., a special permission or im- or even foreign states, as had in any manner sig-
munity, whence Pollux says of the second assem- nally benefited the commonwealth." It is hardly
the proedri could ex officio prosecute an individual tions the ephors along with and as distinct from
it, we cannot, with Tittmann
1 3
before the people for misconduct in the ecclesia. and Wachsmuth,*
Again, on some occasions, information (pf/waic;) lonsider it as having consisted of the Spartan ma-
was simply laid before the people in assembly, with- istrates, with the addition of some deputies elect-
out the informant making a regular impeachment ; ed from among the citizens. As, however, the EK~
and although the final determination in cases of this JTOI do not occur until the period when the fran-
sort was generally referred to a court of law, still chise had been granted to a great number of freed-
there seems no reason to doubt that the people men and aliens, and when the number of ancient
might have taken cognizance of them in assembly, itizens had been considerably thinned, it does not
and decided upon them as judges, just as they did seem improbable that the lesser assembly consisted
in some instances of heinous and notorious crimes, ixclusively of ancient citizens, either in or out of
even when no one came forward with an accusa- office ; and this supposition seems very well to
tion. Moreover, in turbulent and excited times, if ee with the fact, that they appear to have al-
any one had incurred the displeasure of the people, ways been jealously watchful in upholding the an-
they not unfrequently passed summary sentence ient constitution, and in preventing any innovation
upon him, without any regard to the regular and that might be made by the ophors or the new citi
established forms of proceeding as examples of zens.
:
which we may mention the cases of Demosthenes The whole subject of the IA^TOI is involved in
and Phocion. The proceedings called TrpofioTiTJ and difficulty. Tittmann thinks that, though the name
IrayyeAia were also instituted before the people of this assembly is not mentioned, it existed long
:
farther information with respect to them is given before the Persian war, and that in many cases in
under those heads. which the magistrates (T&IJ, upxovTEf or dpxai) are
The legislative powers of the people in assembly, said to have made decrees, the magistrates are
BO far as they were defined by the enactments of mentioned instead of the EKK^IJTOI, of whom they
Solon, were very limited in fact, strictly speaking, were the chief members. This last supposition is
;
DO laws could, without violating the spirit of the rejected by Miiller,' who observes that the magis-
Athenian constitution, be either repealed or enact- trates were often said to have decreed a measure
ed, except by the court of the No^oderai it might,
:
especially in foreign affairs), though it had been
however, doubtless happen, that ^rj^ia^aTa passed discussed before the whole assembly and approved
by the assemblies had reference to general and per- by it ; for the magistrates were the representatives
manent objects, and were therefore virtually vopoi and the organs of the assembly, and acted in its
or laws a moreover, if we may judge by the com- name. Miiller is also of opinion that IKK?(.TITOI and
;
plaints of Demosthenes, it appears that in his days ^rjala are identical, and distinct from the lesser
the institutions of Solon had in this respect fallen assembly, which he considers to have been a k-nd
into disuse, and that new laws were made by the of select assembly. But his arguments on ti..s
people collectively in assembly, without the inter- )oint are not convincing. The EKK^TOI and the
3
vention of the court of the nomothetae. esser assembly are mentioned about the same time
The foreign policy of the state, and all matters n Grecian history, and previous to that time we
connected with it, and the regulation and appro- hear of no assembly except the regular EKKhrjaia of
priation of the taxes and revenues, were, as we all the Spartans.
7
might expect, determined upon by the people in as- ECDOSIS. (Vid. NAUTICON.)
sembly. The domestic economy of the state was ECLE'CTICI (EK^EKTIKOI), an ancient medical
under the same superintendence a fact which Pol- sect, which must not be confounded with the school
:
lux briefly expresses by informing us that the peo- f philosophers of the same name mentioned by
8
ple decided in the fourth assembly -Kepi lepuv Kal Diogenes Laertius, though it is probable that they
i. e., on all matters, whether Their name
6rifj.oaiuv, spiritual or assumed this title in imitation of them.
secular, in which the citizens collectively had an s derived from their founder (like Potamo the phi-
" "
interest. Such, for example, says Schb'mann,* are osopher) having selected from each sect the opin
the priesthood, the temples of the gods, and all ons that seemed most probable" (eKfat-a/tevov ra
other sacred things the treasury, the public land, upeaavTa e? Eicdarijc TUV aipiaEuv ' )
; From a passage
.
and public property in general ; the magistracy, the n the Introductio (in which Le Clerc 1 * conjectures
courts, the laws and institutions of the state, and, hat, instead of EK^.SKTOI, we should read EKXCKTIKOI)
in fine, the state itself:" in connexion with which nd which is falsely attributed to Galen, 11 it appears
we may observe, that the meetings for the election
1. (Xen., Hell., iii., 3, 8.) 2. (Hell., ii., 4, 38.) 3. (Griech.
of magistrates were called apxatpeaiai. Lastly, as 1)
5.
t>
Ibat they were a branch of the Methodic! (vid. ME- The Edictum may be described generally as a
THODIC' , and they seem to have agreed very near- rule promulgated by a magistratus on entering on
ly, if not
to have been altogether identical, with the his office, which was done by writing it on an album
" Unde
sect of the Episynthetici. (Vid. EPISYNTHETICI.) and placing it in a conspicuous place, de
They were founded either by Agathinus of Sparta piano recte legi potest." From this circumstance
or his pupil Archigenes.
1
Several of the opinions the Edict was considered to be a part of the jta
of both these physicians are to be found in various scriptum. As the office of a magistratus was an-
fragments of their lost works preserved by Galen, nual, the rules promulgated by a predecessor were
Oribasius, Aetius, &c. but we are nowhere (as not binding on a successor, but he might confirm
;
far as the writer is aware) informed what were the or adopt the rules of his predecessor, and introduce
Articular doctrines that they adopted as their own them into his own Edict, and hence such adopted
iiom those of other sects. Wecan only suppose rules were called edictum tralatitium 1 or vetus, as
that they endeavoured to join the tenets of the Me- opposed to edictum novum. A repentinum edictum
thodici to those of the Empirici and Dogmatici (vid. was that rule which was made (prout res iuci-
MKTHODICI, EMPIRICI, DOGMATICI), and to reconcile dit) for the occasion.
8
A perpetuum edictum was
the differences of those rival and opposite sects. that rule which was made by the magistratus on en-
EC'LOGEIS. (Vid. EISPHORA.) tering upon office, and which was intended to apply
ECMARTU'RIA (eKfiaprvpla) signifies the depo- to all cases to which it was applicable during the
sition of a witness, who, by reason of absence year of his office hence it was sometimes called,
:
abroad, or illness, was unable to attend in court. also, annua lex. Until it became the practice for
His statement was taken down in writing, in the magistratus to adopt the edicta of their predeces-
presence of persons expressly appointed to receive sors, the edicta could not form a body of permanent
it, and afterward, upon their swearing to its identi- binding rules but when this practice became com-
;
ty, was read as evidence in the cause. They were mon, the edicta (edictum tralatitium) soon consti-
said jiapTvpeiv TJJV ^K/iaprvpiav the absent witness, tuted a large body of law, which was practically of
:
iKpaprvpelv : the party who procured the evidence, as much importance as any other part of the law.
It was considered as the The several edicta, when thus established, were
kKfiaprvpiav iroieiodai.
testimony of the deponent himself, not that of the designated by the names of their promulgators, as
certifying witnesses, and therefore did not come the Edictum Carbonianum; or they were named
within the description of hearsay evidence, which with reference to the formula and the actio which
(except the declaration of a deceased person) was they established, as Aquiliana, Publiciana, Rutilia-
not admissible at Athens. The law was OKOJJV na, &c.
tlvat /laprupelv redveurof, kKfiaprvpiav Se inrepopLov The origin of the edictal power cannot be histori-
eu advvuTov. The deponent (like any other wit- cally shown ; but as the praetor was a magistrate
ness) was liable to an action for false testimony if established for the administration of justice, on ac-
the contents of the deposition were untrue, unless count of the occupations of the consuls, and the
he could show that it was incorrectly taken down consular power was the representative of the kingly
or forged, in which case the certifying witnesses power, it seems that the jus edicendi may have been
would be liable. Therefore (Isaeus tells us) it was a remnant of the kingly prerogative. However this
usual to select persons of good character to receive may be, the edictal power was early exercised, and
such evidence, and to have as many of them as so far established that the jus praetorium was a rec-
2
possible. (Vid. MARTDRIA.) ognised division of law in, and perhaps somewhat
ECTHORA. (Vid. FUNUS.) 3
before, the time of Cicero, in whose age the study
EGPHULLOPHOR'IA. (Vid. BANISHMENT, of the Edict formed a part of the regular study of
the law.* The edict of the aediles about the buying
ECPOIEIN (tiamielv), ECPOIEISTHAI (&KTTOI- and selling of slaves is mentioned by Cicero 6 the ;
rladai). (Vid. ADOPTION, GREEK.) Edictiones ^Edilitiae are alluded to by Plautus ;' and
*EDERA. (Vid. HEDERA.) an edict of the praetor Peregrinus is mentioned in
ECULEUS. (Vid. EQUULEUS.) the Lex Galliae Cisalpinae, which probably belongs to
E'DERE ACTIO'NEM. (Vid. ACTIO, p. 19.) the beginning of the eighth century of the city.
EDICTUM. The Jus Edicendi, or power of ma- The Lex Cornelia, B.C. 67, provided against abuses
king edicts, belonged to the higher m
igistratus pop- of the edictal power, by declaring that the praetors
uli Romani, but it was principally exercised by the should decide in particular cases conformably to
two praetors, the praetor urhanus and the praetor their perpetual edicts. The edicts made in the prov-
peregrinus, whose jurisdiction was exercised in the inces are often mentioned by Cicero. They were
provinces by the praeses. The curule aediles also founded on the edictum urbanum, though they like-
made many edicts, and their jurisdiction was exer- wise comprehended special rules, applicable only to
cised (under the Empire at least) in the provinciae the administration of justice in the provinces, and
3
populi Romani by the quaestors. There was no so far they were properly edictum provinciale. Thus
edict promulgated in the provinciae Caesaris. The Cicero 7 says that he promulgated in his province
tribunes, censors, and pontifices also promulgated two edicta one provinciale, which, among other
;
edicts relating to the matters of their respective ju- matters, contained everything that related to the
risdictions. The edicta are enumerated by Gaius publicani, and another, to which he gives no name,
"
among the sources of Roman law, and this part of relating to matters of which he says, ex erticto fit .
(he Roman law is sometimes called in the Pandect postulari et fieri solent." As to all the rest he made
I us Honorarium,* apparently because the edictal no edict, but declared that he would frame all his
power belonged to those magistrates only who had decrees (decreta) upon the edicta urbana. It ap-
the honores, and not so much ad honorem praeto- pears, then, that in the time of Cicero the edicta
rum.* As the edicts of the praetors were the most already formed a large body of law, which is con-
important, the jus honorarium was sometimes call- firmed by the fact that in his time an attempt had
ed jus praetorium but properly, the jus honorarium been already made to reduce it into order, and to
;
was the term under which was comprehended all comment on it. Servius Sulpicius, the great jurist
the edictal law.
1. (Cic. ad. Alt., v., 21 ;
ad Fam., iii., 8 ;
in Verr., i., 45.) 2
1. (Galen, Definit. Med., c. 14, p. 353.) 2. (Isaeus, De Pyrr. (in Verr., iii., 14.) 3. (in Verr., i., 44.)!. (De Leg., i., 5 ; ii.,
Hered., 23, 24, ed. Bekk. Demosth., c. Steph., 1130, 1131.) 3. 23.) 5. (Off., iii., 17.) 6. (Ca.pt., iv., 2 ; v., 43.17. (ad Alt.
,Caius, i., 6.) 4. (Dig. 44, tit. 7, s. 52.) 5. (Dig. 1, tit. 1, s. 7.) Ti- 1.)
888
EDICTUM. EDICTUM.
and orator, the friend and contemporary of Cicero, and certainly they were often inconvenient and fail-
addressed to Brutus two very short hooks on the ed to do justice. Accordingly, the praetor extended
Edict, which was followed by the work of Oh'lius
J
;
the remedies by action, as already intimated in the
though we do not know vi nether the work of Ofilius case of the Publiciana actio. This change probably
was an attempt to arrange and collect the various commenced after many ot the legis actiones \\erf
edicta. like the subsequent compilation of Julian, or abolished by the ^Ebutia lex, and the necessity of
a commentary like those of many subsequent ju- new forms of actions arose. These were introduced
rists (Ofilius edictum praetoris primus diligenter by the praetors, and it is hardly a matter of doubt
composuit). that, in establishing the formulae, they followed the
The object of the Edict, according to the Roman analogy of the legis actiones. It is the conclusion
"
jurists, was the following Adjuvandi vel supplen-
: of an ingenious writer, 1 "that the edict of the prae-
di vel corrigendi juris civilis gratia propter utilitatem tor urbanus was in the main part relating to actions
publicam :" the Edict is also described as " viva vox arranged after the model of the old legis actiones,
juris civilis." It was, in effect, an indirect method and that the system is apparent in the Code of Jus-
of legislating, sanctioned, not only by public opinion, tinian, and still more in the Digest."
but by the sovereign power, and it was the means Under the emperors there were many commenta-
by which numerous rules of law became established. tors on the Edict. Thus we find that Labeo wrote
It was found to be a more effectual, because an four books on the Edict, and a work of his in thirty
easier and more practical way of gradually enlarging books, Ad Edictum Praetoris Peregrini, is cited by
and altering the existing law, and keeping the whole Ulpian. 8 When the imperial rescripts became com-
system in harmony, than the method of direct le- mon, the practice of making annual edicts became
gislation and it is undeniable that the most valuable less common, and after the time of Hadrian proba-
;
part of the Roman law is derived from the edicts. bly fell nearly into disuse but this opinion, it should ;
If a praetor established any rule which was found to be observed, is opposed by several distinguished
be inconvenient or injurious, it fell into disuse if modern writers. However this may be, Salvius Ju-
not adopted by his successor. The publicity of the lianus, a distinguished jurist, who lived in the time
Edict must also have been a great security against of Hadrian, and filled the office of praetor, composed
any arbitrary changes, for a magistrates would a systematic treatise on the edict, which was called
hardly venture to promulgate a rule to which opinion Edictum Perpetuum and it seems that, from the ;
had not by anticipation already given its sanction. date of this treatise, the name Perpetuum was more
Many of the rules promulgated by the Edict may particularly applied to this edictum than to that
probably have been iverely in conformity to existing which was originally called the Edictum Perpetu-
custom, more particularly in cases of contracts, and um. Julian appears to have collected and arranged
thus the edict would have the effect of converting the old edicts, and he probably omitted both what
custom into law. When Cicero, 8 however, says that had fallen into disuse, and abridged many parts,
the Edict depends in a great degree on custom, he thus giving to the whole a systematic character.
probably only means that it was usual to incorpo- The work of Julian must have had a great influence
rate into every new edict what any preceding ma- on the study of the law, and on subsequent juristical
gistratus had adopted from former ^edicts. Thus writings. Nothing is known of the details of this
the edictum tralatitium obtained its validity by being treatise. It does not seem probable that the edicts
continually recognised by every successive magis- of the two Romans praetors, together with the Edic-
tratus. tum Provinciale, and the edicts of the curule aediles,
As to the matter of the Edict, it must be supposed were blended into one in this compilation. If the
that the defects of the existing law must generally work of Julian comprehended all these edicts, they
have been acknowledged and felt before any magis- must have been kept distinct, as the subject matter
tratus ventured to supply them and in doing this, of them was different.
;
know that the edicts of We
he must have conformed to that so-called natural the curule aediles were the subject of distinct treati-
equity which is recognised by all mankind. Under ses by Gaius, Ulpian, and Paulus, and the Edictum
the emperors, also, it may be presumed that the Provinciale would, from its nature, be of necessity
opinions of legal writers would act on public opin- kept separate from all the rest. But some writers
ion, and on those who had the jus edicendi. Hence are of opinion that the Edictum Perpetuum of Juli-
a large part of the edictal rules were founded on the anus made one body of law out of the edicta of the
so-called jus gentium, and the necessity of some praetor urbanus and peregrinus that there was 'so ;
.
modifications of the strict rules of the civil law, and incorporated into it much of the Edictum Provinci-
of additional rules of law, would become the more ale, and a large part of the Edictum ^Edilicium, as
apparent with the extension of the Roman power an appendage at least. The Edict thus arranged
and their intercourse with other nations. But the and systematized was, it is farther supposed, pro-
method in which the praetor introduced new rules mulgated in the provinces, and thus became, as far
of law was altogether conformable to the spirit of as its provisions extended, a body of law for the
Roman institutions. The process was slow and Empire. This view of the edictum of Julianus is
gradual it was not effected by the destruction of confirmed by the fact of Italy being divided by Ha-
;
that which existed, but by adapting it to circum- drian into the city of Rome with its appurtenant
stances. Accordingly, when a right existed or was part, and four districts. The magistratus remained
recognised, the praetor would give an action if there as before, but the jurisdiction of the praetor was lim-
was none he would interfere by way of protecting ited to Rome and its territory and magistrates,
; ;
possession, but he could not make possession into called consulares, and subsequently, in the time of
ownership, and, accordingly, that was effected by Aurelius, juridici, were appointed to administer jus-
law (vid. USUCAPIO) he aided plaintiffs by fictions, tice in the districts. As the edictal power of the
;
as, for instance, in the Publiciana actio, where the praetor was thus limited, the necessity for a com-
fiction was that the possessor had obtained the own- prehensive Edict (such as the Edictum Perpet aum)
ership by usucapion, and so was quasi ex jure Qui- is the more apparent.
ritium domiaus ;' and he also aided parties by ex- There were numerous writings on the Edict be-
ceptiones, and in integrum restitutio. sides those above enumerated. They were some-
The old forms of procedure were few in number, times simply entitled ad Edictum, according to thw
.1. (Dig-. 1, ti,. 2, s. 2.) -2. (De Invent., :i., 22.) 3. (Gaius, 1. (Rhein. Mug. fur Juris., i., p. 51. "Die (Ecoiomie dot
*,36.) Edictes, von Ileffter.") 2. (Dig. 4, tit. 3, a. 9.)
EIKEN. EISANGELIA.
Citations n the Digest; and there were also other ju- ercise a direct influence over his junioi 4, and wat
ristical writings, not so entitled, which followed the intrusted with the command of troops in battle.
order of the Edict, as, for instance, the epitome of The word appears to have originallj signified a com-
1
Hermogenianus. Ultimately the writings on the mander. Hesychius explains "Ipavef by ap^ovref,
Edict, and those which followed the arrangement of Jtw/covTEf and clprjvu^ei by Kparn. The ipevcf men-
:
1
the Edict, obtained more authority than the Edict tioned in Herodotus were certainly not youths, but
itself, and became the basis of instruction. commanders. 8
Some few fragments of the older edicts are found EIS'AGEIN. (Vid. EISAGOGEIS.)
here and there in the Roman writers, but it is chief- EISAGO'GEIS (Eiaayu-ytif) were not themselves
ly from the writings of the jurists as excerpted in distinct classes of magistrates, but the name waa
the Digest that we know anything of the Edict in its given to the ordinary magistrates when they were
later form. It seems pretty clear that the order of applied to to bring a cause (eiad-yeiv) into a propel
Justinian's Digest, and more particularly that of his court. (Vid. DIAITETAI, p. 354, and DICE, p. 358.)
Code, to some extent followed that of the Edict. The cause itself was tried, as is explained under
The writings on the Edict, as well as the Edict it- DICE, by dicasts chosen by lot but all the prelimi-
;
self, were divided into tituli or rubricae, and these nary proceedings, such as receiving the accusation,
into capita ; some special or detached rules were drawing up the indictment, introducing the cause
named clausulae and some parts were simply named
;
into court, &c., were conducted by the regular ma-
edictum, as Edictum Carbonianura, &c. gistrate, who attended in his own department to all
The Edicta or Edictales Leges of the emperors that was understood in Athenian law by the ^ye^o-
are mentioned under CONSTITUTIO. via TOV diKaartipiov. Thus we find the strategi, the
The Digest, as already observed, contains nu- logistae, the ^maTurat ruv drjftoaiuv Ipyuv, the eirt-
merous fragments of the Edicts. The most com- ue^riTai roij EfiTropiov, &c., possessing this yyefiovia ;
plete collection of the fragments of the Edicts is by but it was not the
chief business of any of the pub-
"
Wieling, in his Fragmenta Edicti Perpetui," Fra- lic magistrates except of the archons, and perhaps
nek., 1733. The latest essay on the subject is by of the eleven. The chief pait of the duties of the
C. G. L. de Weyhe, " Libri Tres Edicti sive de ori- former, and especially of the thesmothetae, consisted
gine fatisque Jurisprudentiae Romanes praesertim in receiving accusations and bringing causes to trial
Edictorum Praetoris ac de forma Edicti Perpetui," (eiauyeiv) in the proper courts. (Vid. ARCHON, p.
Cell., 1821. The twenty-first book of the Digest* 84.)"
is on the ^Edilicium Edictum. (Zimmern, Geschick- EISANGEL'IA (daayye'kia) signifies, in its pri
te Rom. Privatrechts. Marezoll, Lehrbuch, &c.
des mary and most general sense, a denunciation of
Rein, Das Romische Privatrecht, &c., ein Hiilfsbuch any kind,* but much more usually, an information
zur erklarung der alien Classiker, &c., Leipzig, 1836, laid before the council or the
assembly of the peo-
a useful work. Savigny, Geschichte des R. R., &c., and the consequent impeachment and trial oi
ple,
Tol. i., c. 1.) state criminals at Athens under novel or extraordi-
EDICTUM THEODORICI. This is the first nary circumstances. Among these were the occa-
collection of law that was made after the downfall sions upon which manifest crimes were alleged to
of the Roman power in Italy. It was promulgated have been committed, and yet of such a nature aa
by Theodoric, king of the Ostrogoths, at Rome, in the existing laws had failed to anticipate, or, at
the year A.D. 500. It consists of 154 chapters, in least, describe specifically (u-ypa^a udiK^ara), tne
which we recognise parts taken from the Code and result of which omission would have been, but for
Novelise of Theodosius, from the Codices Gregoria- the enactment by which the accusations in question
nus and Hermogenianus, and the Sententiae of Pau- might be preferred (vopog eiaayyehriKOf), that a
lus. The Edict was doubtless drawn up by Roman prosecutor would not have known to what magis-
writers, but the original sources are more disfigured trate to apply that a magistrate, if applied to,
;
and altered than in any other compilation. This could not with safety have accepted the indictment
collection of law was intended to apply both to the or brought it into court and that, in short, there ;
Goths and the Romans, so far as its provisions went would have been a total failure of justice. 6 The
;
but when it made no alteration in the Gothic law, process in question was peculiarly adapted to sup-
that law was still to be in force. There is an edi- ply these deficiencies it pointed out, as the author- :
tion of this Edictum by G. F. Rhon, Halae, 1816, ity competent to determine the criminality of the
3
4to. alleged act, the assembly of the people, to which
EEDNA. (Vid. Dos, GREEK.) applications for this purpose might be made on the
EICOSTE (dfooTrj) was a tax or duty of one first business-day of each prytany (Kvpia eKK^riaia*),
twentieth (five per cent.) upon all commodities ex- or the council, which was it all times capable of
ported or imported by sea in the states of the allies undertaking such investigations and occasionally ;
subject to Athens. This tax was first imposed the accusation was submitted to the cognizance of
B.C. 413, in place of the direct tribute which had up both these bodies. After the offence had been de-
to this time been paid by the subject allies and clared penal, the forms of the trial and amount of
;
the change was made with the hope of raising a the punishment were prescribed by the same au-
greater revenue.* This tax, like all others, was thority and, as upon the conviction of the offenders
;
farmed, and the farmers of it were called ckoTToA6- a precedent would be established for the future, the
yoi. It continued to be collected in B.C. 405, as whole of the proceedings, although extraordinary,
Aristophanes mentions an ela/coaroAdyof in the and not originating in any specific law, may be con-
4
Frogs. sidered as virtually establishing a penal statute,
EICOSTOL'OGOI. (Vid. EICOSTE.) retrospective in its first application.
7
EIREN or IREN (elpr/v or Ipriv) was the name The speech of Euryptolemus8 clearly shows that
*" the the crime charged against the ten generals who
given Spartan youth when he attained the
age of tweuty. At the age of eighteen he emerged fought at Arginusae was one of these unspeci-
from childhood, and was called /uE/Me/p^v.' When fied offences. The decree of the senate against
9
he had attained his tweatieth year, he began to ex- Antiphon and his colleagues, directing that they
1. (ix., 85.) 2. (Miiller, Dorians, ii., p. 315.) 3. (Hermann.
1. (Dig. 1, tit. 5,s. 2.) 2. (tit. 1.) 3. (Savigny, Geschichte Pol. Ant. of Greece, <j 138.) 4. (Schomann, Do Com., p. 181.'
Hes R. R., &.c.) 4. (Thucyd., vii., 28.) 5. (1. 348 Vid. 5. (i. (Harpocrat.)--". (Lycurg., c. Leocrat.
(Harpocrat., s. v.)
tjricih. Publ. Econ. of Athens, ii., p. 38, 139.) 6. (Plat.,
Lye., 149, ed. Steph.) 8. (Xen., Hell., i., 7, sub fin.) 9. (Vit U**'
-9 i Oral, in Antiph . 833. E.)
390
EI&ANGELIA. EISITER1A.
inould be tried, and, if found guilty, punished as authority of the council. When the offence vat
traitors, seems to warrant the inference that their obviously beyond the reach of the senate's compe-
delinquency (viz., having undertaken an embassy tency, the trial was dispensed with, and a decree
to Sparta by order of the Four Hundred, a govern- immediately drawn up for submitting the cause to a
ment declared illegal upon the reinstatement of the superior court.
democracy) did not amount to treason in the usual When a cause of this kind was so referred, the
sense ol the term, but required a special declaration decree of the senate, or vote of the people, associa-
by the senate to render it cognizable as such by the ted other public advocates, generally ten in number,
Heliaea. Another instance of treason by implica- with the informer, who received a drachma ea^A
tion, prosecuted as an extraordinary and unspecified from the public treasury (avvriyopoi). And besides
crime, appears in the case of Lcocrates, who is, in these, permission was given to any other citizen to
the speech already cited, accused of having absent- volunteer his services on the side of the prosecu
ed himself from his country, and dropped the char- tion. If the information were laid before the as-
acter of an Athenian citizen at a time when the sembly, either by the accuser himself or the senate,
state was in imminent danger. Offences, however, the first proceedings in the cause had for their ob-
of this nature were by no means the only ones, nor, ject to establish the penalty of the offence, or the
indeed, the most numerous class of those to which apparent culpability of the accused and this being ;
extraordinary denunciations were applicable. They decided by a vote of -the people after a public dis-
might be adopted when the charge embraced a cussion, the mode of conducting the trial and the
combination of crimes, as that of treason and impi- penalty were next fixed. In the case of the ten
ety in the famous case of Alcibiades, for each of generals, the assembly directed that the senate
which a common indictment (ypafyTj) was admissi- should propose the requisite arrangements. The
ble when the accused were persons of great influ- plan of the senate, however, was not necessarily
ence in the state, when the imputed crime, though adopted, but might be combated by rival proposals
punishable by the ordinary laws, was peculiarly of any private citizen. The assembly very often
heinous, or when a more speedy trial than was per- referred the matter to the Heliastic court, but oc-
mitted by the usual course of business was requisite casionally undertook the trial itself; and when the
to accomplish the ends of justice. 1 prisoner was accused of treason, we are told that
1
Circumstances
such as these would, of course, be very often pre- he made his defence to the assembly in chains, and
tended by an informer, to excite the greater odium with a keeper upon either side and, according to ;
against the accused, and the adoption of the process another authority, 8 that the time for such defence
in question must have been much more frequent was limited. After this the tribes voted by ballot,
thanwas absolutely necessary. two urns being assigned to each tribe for this pur-
The first step taken by the informer was to re- pose. The informer, in the event of the prisoner
duce his denunciation to writing, and submit it im- being acquitted, was subjected to no penalty if bo
mediately to the cognizance of the council, which obtained the votes of as many as a fifth of the
had a discretionary power to accept or reject it. 2 judges otherwise he was liable to a fine of a
;
Schb'mann maintains that a reference to this body thousand drachmae. For a more ample discussion
was also necessary when it was intended to bring of the trials in question, the reader is referred to
the matter before the assembly of the people, but Schomann. 3
that its agency was in such cases limited to permit- Besides the class of causes hitherto described,
ting the impeachment to be announced for discus- there were also two others which equally bore the
sion, and directing the proedri to obtain a hearing name of daayyekia, though by no means of the same
for the informer. The
thesmothetae are also men- importance, nor, indeed, much resembling it in the
tioned by Pollux 3 as taking part in bringing the conduct of the proceedings. The first of these con-
matter before the assembly, but upon what occasion sists of cases of alleged KUKUOTI^ i. e., wrong done
they were so employed we can only conjecture. to aged or helpless parents, women, or orphans.
In causes intended for the cognizance of the Upon such occasions the informer laid his indict-
council only, after the reception of the denuncia- ment before the archon if the aggrieved persons
tion, three courses with respect to it might be were of a free Attic family, or before the polemarch
adopted by that body. If the alleged offence were if they were resident aliens. The peculiarities of
punishable by a fine of no greater amount than five this kind of cause were, that any Athenian citizen
hundred drachma?, the council itself formed a court might undertake the accusation ; that the informer
competent for its trial if it was of a graver char-;
was not limited as to time in his address to 10
acter, they might pass a decree, such as that in the court, and incurred no penalty whatever upon fail-
case of Antiphon already mentioned, directing the ing to obtain a verdict. With respect to the ac-
proper officers to introduce the cause to a Heliastic cused, it is obvious that the cause must have been
court, and prescribing the time and forms of the Ti/j.T)Tof, or,
in other words, that the court would
trial, and the penalty to be inflicted upon the con- have the power of fixing the amount of the penalty
viction of the criminals lastly, if the matter were ; upon conviction. The third kind of daayyehia was
highly important, and from doubts or other reasons available against one of the public arbitrators (6icu-
they required the sanction of the assembly, they Tr/rrif), when any one complained of his having
might submit the cause as it stood to the consider- given an unjust verdict against him. The informa-
ation of that body. In the first case, the trial was tion was in this case laid before the senate ; and
conducted before the council with all the forms of that the magistrate who had so offended, or did not
an ordinary court and if, upon the assessment of
; appear to defend himself, might be punished by dis-
penalties, the offence seemed to deserve a heavier franchisement, we know from the instance men-
punishment than fell within its competency, the tioned by Demosthenes.* This passage, however,
trial was transferred to a Heliastic court, by the and an allusion to it in Harpocration, constitute
delivery of the sentence of the council (xaTayvaaif) the whole of our information upon the subject.*
to the thesmothetae by the scribe of the prytanes, EISITE'RIA (Eiairripia, scil. Ispa), sacrifices
and upon these officers it then devolved to bring which were offered at Athens by the senate before
the criminals to justice.* The accused were in the the session began, in honour of 9eo/. Bovhalot, i. e.,
mean while put into prison for safe custody by the
1. (Xen., 1. c.) 2. (Schol. ad Aristoph., Eccles., 1081.) I
1. (?chomann, De Com., p. 190. Harpocrat.) 2. (Lys., c (De Comitiis, c. iii.) 4. (c. Meid., 542, 14.) 5. (HuJtwalckea
Kicou> Ib5.) 3. (viii 87.) 4. (Demosth., c. Timocr., 720.) uber die Diltet
. ,
, p. 19. Meier, Att. Proc., 270.)
391
E1SPHORA. EISPHORA.
eus and Athena. 1 The sacrifice was accompanied was, as we have seen, 200 talents, which it we
by libations, and a common meal for all the senators.' suppose the taxable property to have been 20,000
Suidas 3 calls the eiatTTJpia. a festive day the first talents, was a tax of one per cent. 1 At other times
of every year on which all the Athenian magis- the rates were higher or lower, according to the
trates entered upon their office, and on which the wants of the Republic at the time: we have ac-
senate offered up sacrifices for the purpose of ob- counts of rates of a twelfth, a fiftieth, a hundredth,
taining the good-will of the gods for the new magis- and a five hundredth part of the taxable property
trates. But this statement, as well as the farther The census of Solon was during the first period
remarks he adds, seem to have arisen from a gross the standard according to which the eiatyopd wa
misunderstanding of the passage of Demosthenes* raised, until in 377 B.C., in the archonship of Nau-
to which he refers. Schomann 5 adopts the account sinicus, a new census was instituted, in which the
of Suidas, and rejects the other statement without people, for the purpose of fixing the rates of the
giving any reason. property-tax, were divided into a number of sym-
EIS'PHORA (t.ia<j>opd), literally a contribution or moriae (<jvfifj,opiai.) or classes, similar to those which
tribute, was an extraordinary tax on property, raised were afterward made for the trierarchy.* The na-
at Athens whenever the means of the state were ture of this new census, notwithstanding the minute
not sufficient to carry on a war. The money thus investigation of Bockh, is still involved in great ob-
3
bution towards defraying the expenses of a war. symmoriae were obliged, in case of urgent necessity,
Some ancient writers do not always clearly distin- to advance to the less wealthy the sum
required for
guish between the two, and Ulpian on Demosthenes
7
the elafopd (irpoeia<j>opu*). When the wants of the
entirely confounds them and it is partly owing to
;
state had been thus supplied, those who had advan-
these inaccuracies that this subject is involved in ced the money could at their ease, and in the usual
great difficulties. At the time when armies consist- way, exact their money back from those to whom
ed only of Athenian citizens, who equipped them- they had advanced it. The whole number of per-
selves and served without pay, the military service sons included in the symmoriae was 1200, who were
was indeed nothing but a species of extraordinary considered as the representatives of the whole Re-
liturgy but when mercenaries were hired to per-
; public it would, however, as Bockh justly observes,
;
form the duties of the citizens, when wars became be absurd to suppose, with Ulpian, that these 1200
more expensive and frequent, the state was obliged alone paid the property-tax, and that all the rest
to levy contributions on the citizens in order to be were exempt from it. The whole census of 6000, 4
or, more accurately, of 5750 talents, was surely not
6
able to carry them on, and the citizens then paid
money for services which previously they had per- the property of 1200 citizens, but the taxable prop-
formed in person. erty of the whole Republic. Many others, therefore,
It isnot quite certain when this property-tax was though their property was smaller than that of the
introduced for, although it is commonly inferred,
; 1200, must have contributed to the elcQopd, and
from a passage in Thucydides, 8 that it was first in- their property must be considered as included in
stituted in 428 B.C. in order to defray the expenses the census of 5750 talents of taxable property.
of the siege of My tile ne, yet we find elatyopa men- The body of 1200 was, according to Ulpian, also
tioned at an earlier poriod 9 and even the passage ;
divided into four classes, each consisting of 300.
of Thucydides admits of an interpretation quite in The first class, or the richest, were the leaders of
accordance with this, for it is certainly not impos- the symmoriae (tiys/j-ovsr av/i/topiuv), and are often
sible that he merely meant to say that so large an called the three hundred /car" k^ox'nv. They proba-
amount as 200 talents had never before been raised bly conducted the proceedings of the symmoriae,
as elff(j>opd. But, however this may be, after the and they, or, which is more likely, the demarchs,
year 428 B.C. this property-tax seems to have fre- had to value the taxable property. Other officers
quently been raised, for a few years afterward were appointed to make out the lists of the rates,
Aristophanes speaks of it as something of common and were called iTuypaQeif, SiaypaQeif, or e:Aoy;r.
10
occurrence. Such a contribution could never be When the wants of the state were pressing, the 300
raised without a decree of the people, who also as- leaders, perhaps in connexion with the 300 includcu
signed the amount required ;" and the generals in the second class for Ulpian, in the first portion
superintended its collection, and presided in the of his remark, states that the richer symmoria of
courts where disputes connected with, or arising every phyle had to perform this duty advanced
from, the levying of the tax were settled. 18 Such the money to the others on the above-mentioned
7
disputes seem to have occurred rather frequently terms, which, however, was never done unless i/
;
personal enmity not seldom induced the officers to was decreed by the people.
8
The rates of taxation
tax persons higher than was lawful, according to for the four classes have been made out with great
9
the amount of their property. 13 The usual expres- from whose work the follow-
probability by Bockh,
sions for paying this property- tax are, eiafepeiv ing table is taken :
Xprjuara, eloQepeiv flf TOV Tto'kefj.ov, elf rqv ourr/piav First Class, from twelve talents upward.
Tf/f TrdXewf, elaQopac eia<j>epeiv, and those who paid it
Taxable. Taiable Capital.
were called ol eia^povref. On the occasion men- Property. oM$Ollf put
tioned by Thucydides, the amount which was raised 500 tal. 100 tal . 5 tal.
100 " . 20 " . 1
"....
1. (Antiph., De Chor., p. 789.
De Fals.
Bockh, Corp. Inscript., i., p.
Compare with
50 "
j 10 " . . 30min.....
671.) 2. (Demosth., Leg., p. 400, 24.
c. Meid., p. 552, 2. whers tlcnf/pia are said to be offered for the 15 " \ . 3 " . 9 " ....
senate, {imp rrjs /3oiAi){.) 3. (s. v.) 4. (De Fals.
Leg., p. 400.) 12 " \ 2 tal. 24 min
. . 720 draca. .
392
ELAIOMELI. ELECTRITM.
" "
.
"
8 " . I . . 1 20 .400
" " "
7 " . 4- . . 1 10 .350
6 " .
I6 . . 1
" .... 300 "
5 tal. min. .
187$ drach.
4 " 30 . 150 "
3 " "
. 112*
"
. 93|
15 75 "
Property.
ELEPHAS. ELEVEN, THE.
lows : The Phoenician, and, after them, the Cartha- Elephant (Elephas Indicus), as well as the African
ginian, traders obtained their supply of
Amber from 'Loxodonta Africanus 1 )."
the river Rodaun, which still retains its name, and ELEVEN, THE (oi IvStKo), were .ftagistrates at
which flows into the Vistula near Dantzic. Their Athens of considerable importance. They are al-
fea/ of rivalry, however, in this lucrative branch of ways called by this name in the classical writers ;
adorn the statues of the gods. Adams, however, is sessed an riyefiovia dinacmipiov. This was the case
in favour of the Caltha palustris, or Marsh Mary- in those summary proceedings called uirayuyr), tyri-
7
gold. yj?fff, and Ivdeifa, in which the penalty was fixed
*ELEIOS an animal mentioned by Aris- by law, and might be inflicted by the court on the
(eAetoj),
8
totle, and supposed to have been identical with the confession or conviction of the accused without ap-
uiiofo?, namely, the Glis of the Romans, which was pealing to any of the jury courts. (Vid. APAGOGE.)
the Glis esculentus, or Rellmouse of the later nat- They also had an j/-ye/.iovia diKaarriplov in the case of
9
uralists. Linnaeus calls it the Myoxus Glis. KaKovypoi, because the summary proceedings men-
*ELEIOSELI'NON (eXeioa&ivov), most probably tioned above were chiefly adopted in the case of
10
the Apium gravcolens, wild Celery, or Smallage. such persons: hence Antiphon 18 calls them em/ze/lj?-
*ELELIS'PHAKOS (tAeAt'^a/cof), the Salma of- ral TUV KaKovpyuv. The word Kaxovpyoi properly
juinalis, or common Sage. The Latin name was de- means any kind of malefactors, but is only applied
rived from the salutary properties ascribed to the in Athenian law to thieves (/cAeTrrai), housebreak-
13
plant (salma, a salute, i. e., sanitate). Sibthorp found ers (roLxupvxoi), man-stealers (uvdpairo^iarai), and
1*
it in uncultivated places, as described by Dioscori- other criminals of a similar kind.
des." The Eleven are also said to have possessed qye-
*ELEPHAS (&U'0a f ), the Elephant, or Elephas povia 6tKa.aTTjpi.ov in the case of confiscated proper-
" One 15
maximus, L. description of the Elephant ty, which statement is confirmed by an inscription
1'
given by Aristotle is admitted by Cuvier to be re- published by Bb'ckh.
markably accurate. The animal and the disease (Ullrich, Ucber die Eilf Manner, appended
to his
Elephas, or Elephantiasis, are both minutely de- translation of Plato's Meno, Crito, and the first and
scribed by Aretteus. It cannot admit of a doubt second Alcibiades, Berlin, 1821. Sluiter, Lectiones
that the ancients were acquainted with the Indian 2.
1. (Areta:us, Morb. Diut., ii., 13.
s. v.) Adams, Append.,
3. (Schol. ad Aristoph., Plul., 277.
(Pollux, Onom., viii., 102.)
1. (Plia., II. N., xxxvii., 11.) 2. (Plin., H. N., xxxvit., 11.) Vesp., 775, 1108.) 4. (i., $ 10.) 5. (Pollux, Onom., viii.,
3- (ap. Plin., 1. c.) 4. (Ancient Mineralogy, p. 105, seq.) 5. 102.)6. (Xen.,Hell., ii., 3, $54.) 7. (Plato, Phicd., c. 65, 66.)
(H. A., iv., l.)--6. (Adams, Append. ,s. v.) 7. (Dioscor., iv., 58. 8. (Becker, Anec., p. 296, 32.) 9. (Xen., Hell . i., 3, <) 54.)
i
Theophrast., H. P., vi., 8. Theocr., Idyll., i., 30. Adams, 10. (Antiph., De Venef., 615.) 11. (Demosth^ . Nicostr., 12S4,
Append., s. v.) 8. (Adams, Append., s. v.) 9. (Aristot., H. A., 2.) 12. (De Cade Herod., 713.) (Compare Demosth., c.
13.
1
15. (Etymo ,.
riii., 19. Adams, Append., s. v.) 10. (Dioscor., iii., 68. T The- Lacrit., 940, 5.) 14. (Meier, Alt. Proc., 76, 77.)
ophrast., II. P., vii., 6.) 11. (Dioscor., iii., 35. Thfcop !rast.. Mag., p. 338, 35.) 16. (UrkunCen, iiber das Scewesen des Alt**
II. P., vi., 11. Adams, Append., 8. v.) chen Staates, p. 5350
394
ELEUSIN1A. ELEUSIMA.
Andocid, p. 256-261. Meier, Alt. Proc., 68-77. it was here that the most solemn part of the f acred
Schubert, De
JEdilibus, p. 93-96. Hermann, Pol. rites was performed.
most venerable of all that were celebrated in that Heracles, before descending into the lower
Greece. 1 Various traditions were current among world, wished to be initiated but as the law did ;
the Greets respecting the author of these myster- not admit strangers, the lesser Eleusinia were in-
ies for, while some considered Eumolpus or Mu- stituted in order to evade the law, and not to dis-
;
swus to be their founder, others stated that they had appoint the great benefactor of Attica. 8 Other le-
been introduced from Egypt by Erechtheus, who at a gends concerning the initiation of Heracles do not
time of scarcity provided his country with corn from mention the lesser Eleusinia, but merely state that
Egypt, and imported from the same quarter the sa- he was adopted into the family of one Pylius in
cred rites and mysteries of Eleusis. A third tradi- order to become lawfully entitled to the initiation.
tion attributed the institution to Demeter herself, But both traditions in reality express the same
who, when wandering about in search of her daugh- thing, if we suppose that the initiation of Heracles
ter Persephone, was believed to have come to At- was only the first stage in the real initiation for ;
tica, in the reign of Erechtheus, to have supplied its the lesser Eleusinia were in reality only a prepara-
inhabitants with corn, and to have instituted the tion (KpoKudapatf or irpodyvevoie) for the real mys-
reXerat and mysteries at Eleusis. 1 This last opin- teries. 1 After the time when the lesser Eleusinia
ion seems to have been the most common among are said to have been instituted, we no longer heal
the ancients, and in subsequent times a stone, of the exclusion of any one from the mysteries ex-
called uy&aarof mrpa (triste saxum), was shown cept barbarians and Herodotus* expressly states,
;
near the well Callichoros at Eleusis, on which the that any Greek who wished it might be initiated.
goddess, overwhelmed with grief and fatigue, was The lesser Eleusinia were held every year in the
believed to have rested on her arrival in Attica.* month of Anthesterion, 6 and, according to some ac-
Around the well Callichoros the Eleusinian women counts, in honour of Persephone alone. Those who
were said to have first performed their chorus, and were initiated in them bore the name of mystae (pva-
8 6
to have sung hymns to the goddess. ), and had to wait at least another year before
All the ac-
counts and allusions in ancient writers seem to they could be admitted to the great mysteries. Tho
warrant the conclusion that the legends concerning principal rites of this first stage of initiation consisted
the introduction of the Eleusinia are descriptions in the sacrifice of a sow, which the mystae seem to
of a period when the inhabitants of Attica were be- have first washed in the Cantharus, 7 and in the pu-
coming acquainted with the benefits of agriculture, rification by a priest, who bore the name of Hydra-
and of a regularly constituted form of society.' nos.* The mystae had also to take an oath of se-
In the reign of Erechtheus a war is said to have crecy, which was administered to them by the mys-
broken out between the Athenians and Eleusinians, 7 tagogus, also called lepotpuvrrif -npo&fiTTis they re- :
and when the latter were defeated, they acknowl- ceived some kind of preparatory instruction, which
edged the supremacy of Athens in everything ex- enabled them afterward to understand the mysteries
cept the re/lerot, which they wished to conduct and which were revealed to them in the great Eleu-
8
regulate for themselves. Thus the superintend- sinia they were not admitted into the sanctuary of
;
ence remained with the descendants of Eumolpus Demeter, but remained during the solemnities in
9
(vid. EUMOLPID^E), the daughters of the Eleusinian the vestibule.
king Celeus, and a third class of priests, the Kery- The great mysteries were celebrated every year
ces, who seem likewise to have been connected in the month of Boedromion, during nine Jays, from
with the family of Eumolpus, though they thenj- the 15th to the 23d, 10 both at Athens and Eleusis.
selves traced their origin to Hermes and Aglauros. The initiated were called kxoirTai or fyvpoi.* 1 On
At the time when the local governments of the the first day, those who had been initiated in the
several townships of Attica were concentrated at lesser Eleusinia assembled at Athens, whence its
Athens, the capital became also the centre of reli- name was uyvp/zof
IS
but strangers who wished to
;
reign of Theseus we find mention of a temple at sion. On the second day the mystas went in sol-
11
Athens, called Eleusinion,' probably the new and emn procession to the seacoast, where they under-
national sanctuary of Demeter. Her priests and went a purification. Hence the day was called
priestesseo now became naturally attached to the ade fivarai, probably the conventional phrase by
national temple of the capital, though her original wlii h the mystae were invited to assemble for the
14
place of worship at Eleusis, with which so many purpose. Suidas 1 * mentions two rivulets, called
sacred associations were connected, still retained beiroi, as the place to which the mystae went in
its importance and its special share in the celebra- order to be purified. Of the third day scarcely any-
tion of the national solemnities and though, as we thing is known with certainty we only learn from
; ;
1. (Andoc., De Myster., 15.; 2. (Aristot., Rhet., ii., 24. Acharn., 703, with theschol., 720, pd Pax, 368. Varro, De R
.
Cc., De Nat. Door., i., 42.) 3. (Diod. Sic., i., 29. Isocr., Pan- Rust., ii., 4. Plut., Phoc., 28.) 8. (Hesych., s. v. 'rtpavt;.
4. (Apollod.. Biblioth.. i., 5. 9. (Seneca, Quaest. Nat., vii., 31.) 10. (Plut ,
yar., p 46. ed. Steph.) Ovid, Polyien., v., 17.)
5. (Paus.,i., 38, $ 6.) 6. (Cic., De Leg., Demetr., 26. Meursius, Eleusin., c. 21.) 11. (Suidas, 5. v.)
Fast., iv., 502, &c.).
7. (Hermann, Polit. Ant. cf Greece, 12. (Hesych., s. v.) 13. (Maxim. Tyr , D:ssert., 33, sub fin.-
11 , 14 in Verr., v., 14.)
fc 91,ni)te 9.) 3. (Thucyd., ii., 15. Paus., i., 38, I) 3.) 9. (Thu- Philostrat., Vit. Apollon., iv. .6.) 14. (Hesych., s. v. F
lii., ll.)15. (s. v. 'Petrol.- Compare Paus., i.,
3H, <) 2.)
cvd., ii., 17.)
395
ELEUSINIA. ELEUSINIA.
Clemens of Alexandrea 1 that it was a day of fast- was a kind of additional day for those who by some
ing, and that in the evening a frugal meal was accident had come too late, or had been prevented
taken, which consisted of cakes made of sesame and from being initiated on the sixth day. It v* as sai
honey. Whether sacrifices were offered on this to have been added to the original number of days,
day, as Meursius supposes, is uncertain but that when Asclepius, coming over from Epidaurus to be
;
which he assigns to it consisted of two kinds of initiated, arrived too late, and the Athenians, not to
2
sea-fist (r/KyA?? and paivlf ), and of cakes of barley disappoint the god, added an eighth day. 1 The ninth
3
It may be, how- and last day bore the name of
grown in the Rharian plain. ^^^0^601^ from a
ever, that this sacrifice belonged to the fourth peculiar kind of vessel called TTA^OJO^, which is
day, on which, also, the Kahddof Kudodoe seems to described as a small kind of norc'Acc. Two of these
havo taken place. This was a procession with a vessels were on this day filled with water or wine,
basket containing pomegranates and poppy-seeds and the contents of the one thrown to the east, and
;
it was carried on a wagon drawn by oxen, and those of the other to the west, while those who per-
women followed with small mystic cases in their formed this rite uttered some mystical words.
hands.* On the fifth day, which appears to have Besides the various rites and ceremonies de
been called the torch- day (fj TUV ^aftwdduv rj/jipa), scribed above, several others are mentioned, but it
the mystae, led by the dadovxoc, went in the evening is not known. to which day they belonged. Among
with torches to the Temple of Demeter at Eleusis, them we shall mention only the Eleusinian games
where they seem to have remained during the fol- and contests, which Meursius assigns to the seventh
lowing night. This rite was probably a symboli- day. They are mentioned by Gellius, and are said
3
cal representation of Demeter wandering about in to have been the most ancient in Greece. The
search of Persephone. The sixth day, called lac- 4
prize of the victors consisted in ears of barley. It
chos,* was the most solemn of all. The statue of was considered as one of the greatest profanations
lacchos, son of Demeter, adorned with a garland of of the Eleusinia if, during their celebration, an urt-
myrtle, and bearing a torch in his hand, was carried fj,oe came as a suppliant
to the temple (the Eleu-
6
along the sacred road amid joyous shouts (laKxi- sinion), and placed his olive-branch ('iKtrripia') in it;*
7
&iv) and songs, from the Ceramicus to Eleusis. and whoever did so might be put to death without
This solemn procession was accompanied by great any trial, or had to pay a fine of one thousand
numbers of followers and spectators, and the story drachmae. It may also be remarked, that at other
related by Herodotus 8 is founded on the supposition festivals, no less than at the Eleusinia, no man,
that 30,000 persons walking along the sacred road while celebrating the festival, could be seized or ar-
on this occasion was nothing uncommon. During rested for any offence.* Lycurgus made a law that
the night from the sixth to the seventh day, the any woman using a carriage in the procession to
mystae remained at Eleusis, and were initiated into Eleusis should be fined one thousand drachmae. 7
the last mysteries (tironTeia). Those who were The custom against which this law was directed
neither knotTTa-i nor /ivarai were sent away by a seems to have been very common before.*
berald. The icyste now repeated the oath of se- The Eleusinian mysteries long survived the in-
crecy which had been administered to them at the dependence of Greece. Attempts to suppress them
underwent a new purification, and were made by the Emperor Valentinian, but he met
lesser Eleusinia,
then they were led by the mystagogus, in the dark- with strong opposition, and they seem to have con-
ness of night, into the lighted interior of the sanctu- tinued down to the time of the elder Theodosius.
ary (^uTaywym), and were allowed to see (avroifjia) Respecting the secret doctrines which were reveal-
what none except the epoptae ever beheld. The ed in them to the initiated, nothing certain is known.
awful and horrible manner in which the initiation The general belief of the ancients was that they
is described by later, especially Christian writers, opened to man a comforting prospect of a future
seems partly to proceed from their ignorance of its state.' But this feature does not seem to have
real character, partly from their horror and aversion been originally connected with these mysteries, and
to these pagan rites. The more ancient writers al- to them at the period which
was probably added
ways abstained from entering upon any description followed the opening of a regular intercourse be-
of the subject. Each individual, after his initia- tween Greece and Egypt, when some of the specu-
tion, is said to have been dismissed by the words lative doctrines of the latter country and the East
Traf, in order to make room for other mystse.
8
may have been introduced into the mysteries, and
On the seventh day the initiated returned to Ath- hallowed by the names of the venerable bards of the
ens, amid various kinds of raillery and jests, espe- mythical age. This supposition would also account,
cially at the bridge over the Cephisus, where they in some measure, for the legend of their introduc-
sat down to rest, and poured forth their ridicule on tion from Egypt. In modern times many attempts
those who passed by. Hence the words ysQvpifriv have been made to discover the nature of the mys-
and ys<pvplafj,of. iu These aKUfj.fj.ara seem, like the teries revealed to the initiated, but the results have
prucession with torches to Eleusis, to have been been as various and as fanciful as might be expect-
dramatical and symbolical representations of the ed. The most sober and probable view is that, ac
"
jests by which, according to the ancient legend, cording to which, they were the remains of a wor
lambe or Baubo had dispelled the grief of the god- ship which preceded the rise of the Hellenic my-
dess and made her smile. We
may here observe, thology and its attendant rites, grounded on a view
that probably the whole history of Demeter and of nature less fanciful, more earnest, and better
Persephone was in some way or other symbolically fitted to awaken both philosophical thought and re-
represented at the Eleusinia. Hence Clemens of ligious feeling." 10 Respecting the Attic Eleusinia,
Alexandrea 11 calls the Eleusinian mysteries a "mys- see Meursius, Eleusinia, Lugd. Bat., 1619. St.
18
lical drama." The eighth day, called 'EmSavpia, Croix, Rccherches, Hist, et Critiq. sur les Mysteres
1. (Pratrept., p. 18, ed. Potter.) 2. (Athen., vii., p. 325.) 3.
du,Paganisme (a second edition was published in
(Paui., i., 38,$ 6.) 4. (Callira., Hymn, in Cer. Virg., Georg., 1817 by Sylvestre de Sacy, in 2 vols., Paris). Ou-
166 Meursius, 1. c., c. 25.) 5. (Hesych., s. v.
i., "IO.KXOV.)
8. (Plut., Alcih., 34. Etymol. Mag^i., and Suid., s. v. 'Itpa 1. (Philostr., Vit. Apoll., iv., 6. Paus., ii., 26, $ 7.) 2. (Pot
(Aristoph., Ran., 315, &c.
4. (Schol-
'O<5<5?.) 7. Plut., Phocion, 28, and lux, Onom., x., 74. Athen., xi., p. 496.) 3. (xv., 20.)
Valcken ad Herod., viii., 65.) 8. (Compare Plut., Themist.) 9. ad Find., Ol., ix., 150.) 5. (Andoc., De Mjst., p 4.) 0. (I>e-
(Hesych ,
s. v.) 10. (Strab., ix., c. 2, p. 246, ed. Tauchnitz. Sui- mosth., c. Meid., p. 571.) 7. (Plut., De Cup Div., ix., p. 348.-,
dai, s. v. Hesych., s. v. TcQvpicTat. ..Elian, H. A.,
rapvpt^biv. .Mian, V. H., xiii.. 24.) 8. (Demosth., c. Men!., p. 5t<5.) 9.
396
ELLIMENION. ELMINS.
warofF, 'Jssai sur les Mysteres d'Elcusis, 3d edition, the same persons as the TrevTijKoaT<j?i.6yo , or coflect
Paris, 1816. Wachsmuth, Hell. Alter., ii., 2, p. 249, ors of the irevrriKoarf/. (Vid. PENTECOSTE.)
&c. Creuzer, Symbol, u. MythoL, iv., p. 534, &c. ELLO'TIA or HELLO'TIA ('EUuT.a or 'E\M
Eleusinia were also celebrated in other parts of ria), a festival celebrated at CorintL in honour oi
Greece At Ephesus they had been introduced Athena. 1
from Athens. 1 In Laconia they were, as far as we A festival of the same name was celebrated in
know, only celebrated by the inhabitants of the an- Crete, in honour of Europa. The word t^urif,
cient town of Helos, who, on certain days, carried from which the festival derived its name, was, ac-
8
a wooden statue of Persephone to the Eleusinion, cording to Seleucus, a myrtle garland twenty yards
in the heights of Taygetus
2
Crete had likewise its in circumference, which was carried about in the
3
Eleusinia. 3 procession at the festival of the Ellotia.
ELEUTHER'IA ('Efovdtpia, the feast of liberty), ELLYCH'NIUM (MMxviov Attic, dpvaMtf), a :
a festival which the Greeks, after the battle of Pla- wick. Wicks were made of various substances :
iaeae (479 B.C.), instituted in honour of Zeus Eleu- 1. Principally of tow, i. e., the coarser fibres of flax
therios (the deliverer). It was intended not merely (Stupa*) 2. of the pith of the rush, -Qpvov, whence
;
to be a token of their gratitude to the god to whom the Attic term tfpvaA/Uf 5 3. of the narrow woolly
;
they believed themselves to be indebted for their leaves of the mullein (dAo/uY, Avp'm?'), the use of
victory over the barbarians, but also as a bond of which was analogous to the practice of the Span-
union among themselves for in an assembly of all
; iards, who now make wicks of the slender radical
the Greeks, Aristides carried a decree that delegates leaves of a similar plant, Phlomis Lychnitis, Linn. ; 7
(trpodovhoi Kal tieupoi) from all the Greek states 4. of ASBESTOS.
should assemble every year at Plataeae for the cele- The lamps which were lighted at the solemn fes-
bration of the Eleutheria. The town itself was at tival celebrated every year at Sa'is in Egypt, were
the same time declared sacred and inviolable, as small open vessels (e/^upta), filled with salt and oil.
long as its citizens offered the annual sacrifices Into this the wick was immersed, and the flame
which were then instituted on behalf of Greece. burned all night upon the surface. 8 There can be
Every fifth year these solemnities were celebrated no doubt that wicks were originally and very com-
with contests (d-yuv TUV 'Ehsvdepiuv), in which the monly used in this manner. It was a great im-
victors were rewarded with chaplets (ayuv -yvpvi- provement when the vessel containing the oil was
covered, by which it was converted into a propei
4
KOf (ire0avtri.f The annual solemnity at Plataeas,
Y.
which continubd *o be observed down to the time lamp. It was then necessary to make one or more
of Plutarch,* was this On the sixteenth of the
: round holes in the lamp, according to the numbei
month of Maimacterion, a procession, led by a trum- of the wicks burned in it anu, as these holes were
;
peter, who blew the signal for battle, marched at called, from an obvious analogy, ,ui;/cr^pef or fi-ugat,
literally, nostrils or nozzles, the lamp was called 61-
9
daybreak through the middle of the town. It was
followed by wagons loaded with myrtle boughs and pvl-oe, Tpi/wfof, or TroAi^vfof, in reference to the
chaplets, by a black bull, and by free youths, who same distinction 10 (Polymyxos luccrna 11 ). In an epi-
carried the vessels containing the libations for the gram of Callimachus, a woman dedicates to Serapis
dead. No slave was permitted to minister on this a lamp with twenty nozzles (eiKoai
occasion. At the end of this procession followed
the archon of Plataeae, who was not allowed at any As we learn from Aristophanes, thrifty persons
other time during his office to touch a weapon, or used to chide those who wasted the oil either by
to wear any other but white garments, now wear- using a wick which was thicker than necessary,"
ing a purple tunic, and with a sword in his hand, or by pushing the wick forward so as to increase
and also bearing an urn, kept for this solemnity in the flame. 13 Moreover, in the latter of these passa-
the public archive (ypa^a^w/la/aov). When the ges, the boy advances the wick by pushing it with
procession came to the place where the Greeks who his finger, as he might do when the oil was contain-
had fallen at Plataeae were buried, the archon first ed in an open vessel. In a proper lamp it was drawn
washed and anointed the tombstones, and then led out by an instrument contrived for the purpose ,
the bull to a pyre and sacrificed it, praying to Zeus " Et producit acu siupas humore carentes." 1 * The
and Hermes Chthonios, and inviting the brave men bronze lamps found in ancient sepulchres, besides
who had fallen in the defence of their country to exhibiting all the varieties depending on the number
take part in the banquet prepared for them. This of holes or nozzles, have sometimes attached to i..em
account of Plutarch* agrees with that of Thucydi- by a chain the needle which served to trim the wick
des. 7 The latter, however, expressly states that The fungus-shaped excrescences which form on
dresses formed a part of the offerings, which were the top of the wick (JJ.VKTITC, fungi) were thought
15
probably consumed on the pyre with the victim. to indicate rain.
This part of the ceremony seems to have no longer *ELMINS or HELMINS (l^ivq or Itytvc).
existed in the days of Plutarch, who does not men- " Standing alone, this term is applied to intestinal
tion it ;and if so, the Plataeans had probably been worms in general. The A/vf irhuTcia is the T<t-
8 18
compelled by poverty to drop it. nia lata. Theophrastus says it is congenital in
Eleutheria was also the name of a festival cele- some countries, as Egypt. The medical authors
9
Srated in Samos, in honour of Eros. describe the Dracunculus, or Guinea Worm, which
ELUMEN'ION (sMifieviov) was a harbour duty the Greeks call dpaKovTtov, and the translators ol
17
it the Peiraeus, which, according to a fragment of the Arabians Vena medinensis ." Thus far Adams.
10
Supolio, had to be paid by a passenger before he "The word Elmins," observes Griffith, "which is
umtarked. This tax appears to have been the same
as the fiftieth, or two per cent., which was levied on 1. (Schol. in Find., OL, x ii., 56.
;
Athen.. xv., p. 678. Ety
all exports and imports since Pollux 11 speaks of the mol. Mag., s. v. 'EAAomV.) 2. (ap. Athen., 1. c.) 3. (Compare
;
Hesych., and Etymol. Mag-., s. v. 'EAAur/a.) 4. (Plin., II. N.,
Tai, or collectors of the harbour duty, as xix., 3. Isa., xlii., 3 xliii., 17.) 5. (Schol. in Aristoph., Nub.,
;
Cwjaently employed by Hippocrates in many of his which preceded the final manumissio, was a pan rt
works, and, among others, in his General Treatise the form of emancipatio." 1
on Diseases, was applied by him to those animals The
legal effect of emancipation was to dissolve
which are at present known under the denomination all the rights of agnatio. The person emancipated
of intestinal worms, of which he was acquainted became, or was capable of becoming, a pater famil
with but a small number of species. Aristotle has ias and all the previously existing relations of ag-
;
employer it in the same manner, as well as JSlian, natio between the parent's familia and the emanci
1
every tune that he speaks of the substances which pated child ceased at once. But a relation analo-
are used to rid dogs of the worms to which they gous to that of patron and freedman was formed
ate subject. The Latin authors, and Pliny among between the person who gave the final emancipa-
the rest, have restricted the word lumbncus to the tion and the child, so that if the child died without
intestinal worms, and have rendered the three Greek children or legal heirs, or if he required a tutor or
denominations (cr/cw/b?!, evhai, and O/uvf) by a sin- curator, the rights which would have belonged to
gle one, that of vermcs, from which
it has happened the father if he had not emancipated the child, were
that the moderns have been led into the same con- secured to him as a kind of patronal right, in case
fusion by the word worms, which, as well as the he had taken the precaution to secure to himseli
French word vers, is evidently derived from the the final manumission of the child. Accordingly,
Latin." 1 the father would always stipulate for a remancipa-
*ELOPS (Ao^>), a species of harmless Serpent tio from the purchase! this stipulation was the
mentioned by Nicander. Belon says it is called La- pactum fiduciae.
yhiate in Lemnos. 2 The emancipated child could not take any pan
*EL'YMUS (fovpoc), a species of Grain. The &*.- of his parent's property as heres, in case the parent
ifiof of Hippocrates is, according
to Dierbach, the died intestate. This rigour of the civil law ( juris
Panicum Italicum ; while that of Dioscorides is, ac- iniquitates*) was modified by the praetor's edict,
cording to Sprengel, the Panicum Milliaceum. Panic which placed emancipated children, and those who
3
is a plant of the millet kind. were in the parent's power at the time of his death,
EMANCIPA'TIO was an act by which the patria on- the same footing as to succeeding to the intes-
potestas was dissolved in the lifetime of the parent, tate parent's property.
and it was so called because it was in the form of a The Emperor Anastasius introduced the practice
sale (mancipatio). By the laws of the Twelve Ta- of effecting emancipation by an imperial rescript.*
rles it was necessary that a son should be sold Justinian enacted that emancipation should be el-
;hree times in order to be released from the pa- fected before a magistrate and by an edict (ex edic- ;
ternal power, or to be sui juris. In the case of to priztoris'), the parent had still the same rights to
daughters and grandchildren, one sale was suffi- the property (bona) of the emancipated person that
cient. The father transferred the son by the form a patron had to the bona of his freedman. But he
of a sale to another person, who manumitted him, still allowed, what was probably the old law, a fa-
v,)on which he returned into the power of the father. ther to emancipate a grandson without emancipa-
This was repeated, and with the like result. After ting the son, and to emancipate the son without
a third sale, the paternal power was extinguished, emancipating the grandson, or to emancipate them
4
but the son was resold to the parent, who then man- all. Justinian, also, did not allow a parent to
umitted him, and so acquired the rights of a patron emancipate a child against his will, though it seems
trer his emancipated son, which would otherwise that this might be done by the old law, and that the
have belonged to the purchaser who gave him his parent might so destroy all the son's rights of agna-
final manumission. tion.
Thefollowing clear and satisfactory view of The Emperor Anastasius allowed an emancipa-
emancipatio is given by a German writer: "The ted child (under certain restrictions) to succeed to
patria potestas could not be dissolved immediately the property of an intestate brother or sister, which
by manumissio, because the patria potestas must be the prsetor had not allowed and Justinian put an
;
viewed as an imperium, and not as a right of prop- emancipated child in all respects on the same foot-
erty, like the power of a master over his slave. ing as one not emancipated, with respect to such
Now it was a fundamental principle that the patria succession.
potestas was extinguished by exercising once or An emancipatio effected a capitis diminutio, in
thrice (as the case might be) the right which the consequence of the servile character (servilis CO.USL)
pater familias possessed of selling, or, rather, pledg- into which the child was brought by such act. 6
ing his child. Conformably to this fundamental EMANSOR. DESERTOR.)
(Vid.
principle, the release of a child from the patria po- EMBAS a shoe worn by men, 6 which is
(e/u&tf),
testas was clothed with the form of a mancipatio, 7
frequently mentioned by Aristophanes and other
effected once or three times. The patria potestas Greek writers. This appears to have been the most
was indeed thus dissolved, though the child was not common kind of shoe worn at Athens (fire/Uf VTTO-
yet free, but came into the condition of a nexus. driua*). Pollux 9 says that it was invented by the
Consequently, a manumissio was necessarily con- Thracians, and that was like the low cothurnus.
it
nected with the mancipatio, in order that the proper The efj.6dg was also worn by the Boeotians, 10 and
11
object of the emancipatio might be attained. This probably in other parts of Greece.
manumissio must take place once or thrice, accord- EMBATEIA (e/z&zra'a). In Attic law this word
ing to circumstances. In the case when the man- (like the corresponding English one, entry) was used
vmissio was not followed by a return into the patria to denote a formal taking possession oif real prop-
potestas, the manumissio was attended with impor- erty. Thus, when a son entered upon the land left
tant consequences to the manumissor, which con- him by his father, he was said tyfareveiv, or
sequences ought to apply to the emancipating party.
" Von den Jbrmen del
Accordingly, it was necessary to provide that the 1. (Unterholzner, Zeitschrift, ii., 139 :
decisive manumission should be made by the eman- Manumissio per Vindictam und der Emancipatio.") 2. (Gaius.
in., 25.) 3.
(Cod. 49, <> 6.) 4. (Nov., 89, c. 11.)
viii., tit. 5
cipating party ; and for that reason, a remancipatio, (Gaius, i., 132, &c. Dig. 1, tit. 7. Cod. vi., tit. 57, s. 15 ; viii
tit. 49, s. 6. Inst., i., tit. 12 ; iii., tit. 5. Dirksen, Ucbersicht,
&c., p. 278.)6. (Suidas, s. v.) 7. (Equit., 321, 869, 872.
1. (Griffith's Cuvier, vol. xiii., p. 39.) 2. (Adams, Append.,
Eccl., 314, 850, &c.) 8. (Pollux, Onom., vii., 85. Compart
3. (Thcophrast., H. P.,viii., 10. Dioscor., ii., 120. Ad-
v.) Isaeus, Be Dicieog. Hered., 94.) 9 (1. c.) 10. (Herod i, 19&
.
, i
posed ejectment, for which the action was brought, EMBLE'MA (^/l^//a, fyiraiafj.a)?an inlaid orn*
was a mere formality. The defendant, after the ment. The art of inlaying (^ riyy*\ t[nrai.oTiiii; *]
plaintiff's entry, came and turned him off, ef^yev n was employed in producing beauti: jl works of two
rf/C ??/? This proceeding (called kSjayuyT]) took descriptions, viz. 1st, Those whic h resembled uur
:
place quietly, and in the presence of witnesses the marquetry, ooule, and Florentine me saics and, 2 Jly,
; ,
defendant then became a wrong-doer, and the plain- those in which crusts (crusta), exquisitely wrought
tiff was in a condition to try the right. in bas-relief, and of precious materials, were fasten-
All this was a relict of ancient tunes, when, be- ed upon the surface of vessels or other pieces of fur-
fore writs and pleadings, and other regular process- niture.
es were invented, parties adopted a ruder method, To productions of the former class we may refer
and took the law into their own hands. There was all attempts to adorn the walls and floors of houses
then an actual ouster, accompanied often with vio- with the figures of flowers and animals, or with any
lence and breach of the peace, for which the person other devices expressed upon a common ground by
in the wrong was not only responsible to the party the insertion of variously-coloured woods or mar-
injured, but was also punishable as a public offend- bles, all of which were polished so as to be brought
er. Afterward, in the course of civilization, violent to a p!ain surface. To such mosaics Lucilius al-
remedies became useless, and were discontinued ; ludes 8 when he compares the well-connected words
yet the ceremony of ejecting was still kept up as a of a skilful orator to the small pieces (tesscrula)
form of law, being deemed by lawyers a necessary which compose the " emblema vermiculatum" of an
foundation of the subsequent legal process. Thus ornamental pavement. In the time of Pliny, these
at Rome, in the earlier times, one party used to decorations for the walls of apartments had become
summon the other by the words " ex jure te manum very fashionable.* Seneca makes mention of sil-
consertum voco" to go with him to the land in dis- ver inlaid with gold among the luxuries of his day. 5
pute, and (in the presence of the praetor and others) (Vid. CHRYSENDETA.)
turn him out by force. Afterward this was chan- To the latter class of productions belonged tLe
ged into the symbolical act of breaking a clod of cups and plates which Verres obtained by violence
earth upon the land, by which the person who broke from the Sicilians, and from which he removed th?
intimated that he claimed a right to deal with the emblems for the purpose of having tnem set in gold
land as he pleased. We may observe, also, that instead of silver. 6 These must have been riveted
the English action of ejectment in this respect re- with nails, or in some other way. They were reck-
sembles the Athenian, that, although an entry by oned exceedingly valuable as works of first-rate art-
the plaintiff, and an ouster of him
by the defendant ists, and some of them were, moreover, esteemed
are supposed to have taken place, and are consider- sacred, being the figures of the penates and house-
ed necessary to support the action, yet both entry hold gods of the proprietors. Athenaeus, in descri-
7
and ouster are mere fictions of law. bing two Corinthian vases, distinguishes between
These proceedings by entry, ouster, &c., took the emblems in bas-relief (irpoorwira) which adorned
place also at Athens in case of resistance to an ex- the body and neck of each vessel, and the figures in
ecution when the defendant, refusing to give up high relief (ireputxivf/ reTopvev^eva wa) which were
;
the land or the chattel adjudged, or to pay the dam- placed upon its brim. An artist, whose business it
ages awarded to the plaintiff by the appointed time, was to make works ornamented with emblems, was
"
and thus being inrepfyepof, i. e., the time having ex- called crustarius." 8
pired by which he was bound to satisfy the judg- EME'RITI was the name given to those Roman
ment, the plaintiff proceeded to satisfy himself by soldiers who had served out their time, and had ex-
seizure of the defendant's lands. This he certainly emption (vacatio) from military service. The usual
might do, if there were no goods to levy upon time of service was twenty years for the legio^arj
;
9
though whether it was lawful in all cases does not soldiers, and sixteen for the praetorians. At he
appear. The Athenian laws had made no prorision end of their period of service they received a boun-
for putting the party who succeeded in
possession ty or reward, either in lands or money, or in both.
of his rights ;
he was, therefore, obliged to levy ex- Dion Cassius 10 states that it was arranged by Au-
ecution himself, without the aid of a ministerial of- gustus that a praetorian should receive 5000 drach-
ficer, or any other person. If, in doing so, he en-
mae (20,000 sesterces), and a legionary 3000 (12,000
countered opposition, he had no other
remedy than sesterces). Caligula reduced the bounty of the lat-
subject-matter was ter to 6000 sesterces." 1 * We find this bounty called
11
the tt-ovhr/f 6iKTi, which (if the
land) must have been grounded upon his own pre- justce militia, commoda, commoda missionum, 13 and
vious entry. The
action could be brought against also emeritum. 1 *
any one who impeded him in his endeavour to get EME'RITUM. (Vid. EMERITI.)
possession, as well as against the party to the for- EMISSA'RIUM, an artificial channel formed tc
mer suit. The causeof Demosthenes against One- carry off any stagnant body of water (tinJe aqua
tor was this Demosthenes having recovered a emittitur), like the sluices in modern use. 1 *
:
judgment against Aphobus, proceeded to take his Some works of this kind are among the most re-
tends in execution. Onetor claimed th ;m as mort- markable efforts of Roman ingenuity. Remains
gagee, and turned him out (efjyyev), whereupon De- still exist to show that the lakes Trasimene, Albano,
mosthenes, contending that the mortgage was col- 1. (Meier, Alt. Pror.,
p. 372, 460, 748.) -2. (AthenauB, xi..
lusive and fraudulent, brought the k^ov^rjt 76, p. 488.) 3. (np. Cio., I)e Oral., iii., 43.) 4. (II. N., xxrr.
diitrj,
which is called 6iKrj Trpof 'OvS/ropa, because the pro- 1.) 5. (Epist., 5.) fi. (Cic:., II. Verr., iv., 17, 22-24.) 7. (,
30, p. 199.)-8. (Plin., II. N., xxxiii., 12.) 9. (Dion Cam., IT
ceeding is in rcm, and collateral to another object, 23. Tarit., Ann., i.. 78.)-10. (1. c.) 11. (Suet., Oal., 44.)
rather than a direct controversy between the
parties 12. (Suet., Vitell., 15.) 13. (Suet., Cal., 44.) 14. (Dig. 4, tit
in the cause. The consequence to the defendant, 16, s. 3, 4 8, 12 s. 5, 7. Vid. Lipsius, Excursus sd Tacit.
; (>
if he failed in the action of Ann., i., 17 ) 15. (Plin., H. N., xixiii., 21. Oic. ad Fam., xw
ejectment, was, that (be- 18.)
399
EMISSARIUM. EMPHYTEUSIS.
Nemi, and Fucino were all drained by means of charged themselves into the Liris was more siinpk
cmissaria, the last of which is still nearly perfect, and isrepresented in the preceding woodcut. Th
and open to inspection, having been partially clear- river lies in a ravine between the arch and fore-
ed by the present King of Naples. Julius Caesar is ground, at a depth of 60 feet below, and, conse-
said to have first conceived the idea of this stupen- quently, cannot be seen in the cut. The small
dous undertaking, 1 which was carried into effect by aperture above the embouchure is one of the cuni-
the Emperor Claudius. 8 culi above mentioned.
The following account of the works, from obser- It appears that the actual drainage was relin-
vations on the spot, will give some idea of their ex- quished soon after the death of Claudius, eith-s:
tent and difficulties. The circumference of the lake, from the perversity of Nero, as the words of Pliny1
including the bays and promontories, is about thirty seem to imply, or by neglect ;
for it was reopened
miles in extent. The length of the emissary, which by Hadrian."
lies nearly in a direct line from the lake to the Riv- EMMHNOI AIKAI (lufiqvoi dinai) were suit*
er Liris (Garigliano), is something more than three which were not allowed to be pending above a
miles. The number of workmen employed was month. This regulation was not introduced till af-
30,000, and the time occupied in the work eleven ter the date of Xenophon's treatise on the revenue,
years. For more than a mile the tunnel is carried
3
in which it was proposed that a more rapid prog-
under a mountain, of which the highest part is 1000 ress should be allowed to. commercial suits, 3 and i{
feet above the level of the lake, and through a stra- appears to have been first established in the time
tum of rocky formation (carnelian) so hard that ev- of Philip.* It was confined to those subjects which
ery inch required to be worked by the chisel. The required a speedy decision and of these the most
;
remaining portion runs through a softer soil, not important were disputes respecting commerce (ty-
much below the level of the earth, and is vaulted in iKal diKai*), which were heard during the sis
brick. Perpendicular openings (putei) are sunk at winter months from Boedromion to Munychion, so
various distances into the tunnel, through which that the merchants might quickly obtain their rights
the excavations were partly discharged and a num- ; and sail away 6 by which we are not to understand,
;
ber of lateral shafts (cuniculi), some of which sep- as some have done, that a suit could be protracted
arate themselves into two branches, one above the through this whole time, but it was necessary that
7
other, are likewise directed into it, the lowest at an it should be decided within a month.
elevation of five feet from the bottom. Through All causes relating to mines (//eraM.t/rat Sinai}
these the materials excavated were also carried were also iuprivoi diKai 8 the object, as Bockh re-
;
9
out. Their object was to enable the prodigious marks, being, no doubt, that the mine proprietor
multitude of 30,000 men to carry on their opera- might not be detained too long from his business.
tions at the same time without incommoding one The same was the case with causes relating to Ipa-
another. The immediate mouth of the tunnel is voi 1 * (vid. ERANOI) ; and Pollux 11 includes in the
some- distance from the present margin of the lake, list suits respecting dowry, which are omitted by
whicli space is occupied by two ample reservoirs, Harpocration and Suidas.
intended to break the rush of water before it enter- *EMP'ETRUM (fyirerpov), a plant, about which
ed the emissary, connected by a narrow passage, in botanical writers are still undecided. Stephens and
which were placed the sluices (epistomium). The Hardouin call it Perce-pierre ; but if by it they mean
aaouth of the tunnel itself consists of a splendid the Alchcmilla arvensis of Hooker, which is often
archway of the Doric order, nineteen feet high and called Perce-pierre, or Parsley-breakstone, its char-
nine wide, formed out of large blocks of stone, re- acters, according to Adams, are by no means suita-
sembling in construction the works of the Claudian ble to the IfiTrerpov of Dioscorides. The conjecture
aquaeduct. That through which the waters dis- of Cassalpinus, which Sprengel adopts, namely, that
it was a species of Salsola, is, according to the same
1 (H. N., xxxvi., 24, <) 11.) 2. (Spart., Hadr., 22.) J. Oten.,
De Vect., 3.) 4. (Or. de Halonn., p. 79, 23.) 6 (Pollux,
Onom., viii., 63, 101. Harpocrat. and Suid., s. v. "E^u^oi Ai-
(tai.) 6. (Demosth., c. Apat., p. 900, 3.) 7. (Bockh, Publ.
Econ. of Athens, i., p. 70.) 8. (Demosth., c. Pantsen., 966, 17.)
9. (" On the Silver Mines of Laurion," Publ. Econ. of Athens,
ii., p. 481.) 10. (Pollux, Onom., viii., 101. Harpocrat. and
Suid., 1. c.) 11. (1. c.) 12. (Dioscor., iv., 178. Plin., H. N.,
xxvii., 9. Adams, Append., s. v.) 13. (Xen., Rep. Lac., v., 7.)
I. (Snet., Jul., 44.) 2. (Tacit.. Ann., xii., 57.) 3. (Suet., 14. (Isocr., Busir., p. 225, where pn^i/jos, according
to Mu'lk
iii., 12, <> 1, is evidently put
for p0poupoj.)
Tfand. 20. Compare Plin., II. N., xxxvi., 24, <> 11.) Dor.,
400
EMPIRICI. EMPIRICI.
pmphylcuta, and the land is called ager vectigalis so called from the word Ipneipia because they prb-
or emphyteuticarius. It was long doubted whether feased to derive their knowledge from experitntt
this was a contract of buying and selling, or of let- only, and themselves in oppo-
in this particular set
ting and hiring, till the Emperor Zeno gave it a sition to the Dogmatici. (Vid. DOGMATICI.) Sera-
definite character, and the distinctive name of con- pion of Alexandrea, and Philinus of Cos, are regard-
tractus emphyteuticarius. ed as the founders of this school, in the third cen-
The Ager Vectigalis is first distinctly mentioned tury B.C. The arguments by which the Dogmatic!
1
about the time of Hadrian, and the term is applied supported their opinions, as summed up by Celsui,
to lands which were leased by the Roman state, by are given under that head those of the Empiric! ;
Tcstal virgins. In the Digest mention only is made hand, those who, from experience, styled themselves
of lands of towns so let, with a distinction of them Empirici, admit, indeed, the evident causes as ne-
into agri vectigales and non vectigales, according as cessary, but affirm the inquiry after the occult
the lease was perpetual or not but in either case
;
causes and natural actions to be fruitless, because
the lessee had a real action (utilis in rem actio) for Nature is incomprehensible. And that these things
the protection of his rights, even against the owner. cannot be comprehended, appears from the contro-
The term Emphyteusis first occurs in the Digest. versies among those who have treated concerning
The Praedia Emphyteutica are also frequently men- them, there being no agreement found here, either
tioned in the Theodosian and Justinian Codes, but among the philosophers or physicians themselves ;
they are distinguished from the agri vectigales. for why should one believe Hippocrates rather than
Justinian, however, put the emphyteusis and the Herophilus? or why him rather than Asclepiades?
ager vectigalis on the same footing and in the case
;
That if a man inclines to determine his judgment
of an emphyteusis (whether the lessor was a com- by reasons assigned, the reasons of each of them
munity or an individual), the law was declared to be seem not improbable if by cures, all of them have ;
the same as in the case of leases of town property. restored the diseased to health and, therefore, we ;
This emphyteusis was not ownership it was a jus : should not deny credit either to the arguments or
in re only, and the lessee is constantly distinguished to the authority of any of them. That even the
from the owner (dominus). Yet the occupier of the philosophers must be allowed to be the greatest
ager vectigalis and the emphyteuta had a juristical physicians, if reasoning could make them so where- ;
possessio ;
a kind of inconsistency, which is ex- as it appears that they have abundance of words, and
plained by Savigny, by showing that the ager vecti- very little skill in the art of healing. They say, also,
galis was formed on the analogy of the ager publi- that the methods of practice differ according to the
cus, and though there were many differences be- nature of places thus one method is necessary at
;
tween them, there was nothing inconsistent in the Rome, another in Egypt, and another in Gaul. That
notion of possession, as applied to the public land, if the causes of distempers were the same in all pla-
being transferred to the ager vectigalis as a modified ces, the same remedies ought to be used every-
form of the ager publicus. where. That often, too, the causes are evident,
Though the emphyteuta had not the ownership as, for instance, in a lippitude (or ophthalmia) or 4
f the land, he had an almost unlimited right to the wound and, nevertheless, the method of cure does
;
ei.joymenl of it, unless there were special agree- not appear from them that if the evident cause :
ments limiting his right. He could sell his interest does not suggest this knowledge, much less can the
in the land after giving notice to the owner, who other, which is itself obscure. Seeing, then, this
had the power of choosing whether he would buy last is uncertain and incomprehensible, it is much
the land at the price which the purchaser was will- better to seek relief from things certain and tried ;
ing to give. But the lessee could not sell his inter- that is, from such remedies as experience in the
est to a person who was unable to maintain the method of curing has taught us, as is done in all
property in good condition. The lessee was bound other arts for that neither a husbandman nor a pi-
;
to pay all the public charges and burdens which lot is qualified for his business by reasoning, but
might fall on the land, to improve the property, or, by practice. And t^at these disquisitions have no
at least, not to deteriorate it, and to pay the rent connexion with medicine, may be inferred from this
regularly. In case of the lessee's interest being plain fact, that physicians, whose opinions in these
transferred to another, a fiftieth part of the price, or matters have been directly opposite to one another,
of the value of the property, when the nature of the have, notwithstanding, equally restored ther pa-
transfer did not require a price to be fixed, was pay- tients to health that their success was to bo as-
;
able to the owner on the admission of the emphy- cribed to their having derived their methods of cure,
teuta, and which, as a general rule, was payable by not from the occult causes or the natural actions,
him. The heredes of the emphyteuta were not lia- about which they were divided, but from experi-
ble to such payment. ments, according as they had succeeded in the course
The origin of the Emphyteusis, as already stated, of their practice. That medicine, even in its infan-
was by contract with the owner and by tradition ; cy, was not deduced from these inquiries, but from
or the owner might make an emphyteusis by his experiments for of the sick who had no physicians,
:
reverted to the owner. He might also lose his right taken food, others a little before it came on, and
by injuring the property, by non-payment of his rent others after its remission and that it succeeded ;
or the public burdens to which the land was liable, best with those who had done it after the removal
by alienation without notice to the dominus, &c. of the fever in the same manner, some used a full
:
In buch cases the dominus could take legal measures diet in the beginning of a disease, others were ab-
for recovering the possession. 1
stemious and that those grew worse who had eaten
;
EMPI'RICl ('EftKeiptKoi'), an ancient medical sect, plentifully. These and the like instances daily oc-
curring, that diligent men observed attentively what
1. (Dig. 6, tit. 3. Cod. 4, tit. 66. Muhlenbruch, Doctrina
Pandectarum. Savigny, Das Recbt den Bwtze, n. 99, <tc., p.
180 Mankeldey, Lehibuch, <tc.)
En 1. (De Med.,
401
EMP1RICI. EMPIRIC!
method generally answered best, and afterward be- cordia and all the viscera never come to the Tiew
gan to prescribe the same to the sick. That this was of the butchering physician till the man is dead ;
the rise of the art of medicine, which, by the frequent and they must necessarily appear as those of a dead
recovery of some and the death of others, distin- person, and not as they were while he lived and ;
guishes what is pernicious from what is salutary thus the physician gains only the opportunity of mur-
;
and that, when the remedies were found, men began dering a man cruelly, and not of observing what are
to discourse about the reasons of them. That med- the appearances of the viscera in a living person. I
icine was not invented in consequence of their rea- however, there can be anything which can be Ou-
soning, but that theory was sought for after the dis- served in a person that yet breathes, chance often
covery of medicine. They ask, too, whether reason throws it in the way of such as practise the healing
prescribes the same as experience, or something art for that sometimes a gladiator on the stage, a
;
the greatest accuracy, but now they are sufficiently a prudent physician finds their situation, position,
ascertained; and that we neither meet with any order, figure, and the other particulars he wants to
new kind of disease, nor want any new method of know, not by perpetrating murder, but by attempting
cure. That if some unknown distemper should oc- to give health and learns by compassion that which
;
cur, the physician would not therefore be obliged to others had discovered by horrid cruelty. That for
have recourse to the occult things, but he would these reasons it is not necessary to lacerate even dead
presently see to what distemper it is most nearly bodies which, though not cruel, yet may be shock-
;
allied, and make trial of remedies like to those which ing to the sight, since most things are different in
have often been successful in a similar malady, and dead bodies and even the dressing of wounds shows
;
proper cure. For they do not affirm that judgment Such were the arguments by which they support-
is not necessary to a physician, and that an irra- ed their opinions in favour of experience, of which
tional animal is capable of practising this art, but they reckoned three sorts, viz. Observation (Trjprj-
:
that those conjectures which relate to the occult aif) or Autopsy (aurora), History (ioTopla), and
things are of no use, because it is no matter what Analogy, or the substitution of a similar thing (;/ rov
causes, but what removes a distemper ; nor is it of ouoiov (ieraSaaif), which they called " the Tripod of
any importance in what manner the distribution is Medicine" (ryvrpiicoda :% iarpiKf/f*). They gave the
performed, but what is easiest distributed whether: name of Observation or Autopsy to that which had
concoction fails from this cause or that, or whether been noticed by each individual for himself while
it be properly a concoction, or only a distribution ; watching what took place in the course of an illness,
nor are we to inquire how we breathe, but what re- and was the result of his own remarks on the signs
lieves a difficult and slow breathing ; nor what is and causes of the disease, and also on the result of
the cause of motion in the arteries, but what each different modes of treatment. What they called
kind of motion indicates. That these things are History was a collection of observations made by
known by experience ; that in all disputes of this others, and afterward put in writing. Analogy, or
kind a good deal may be said on both sides, and, the substitution of one thing for another, was what
therefore, genius and eloquence obtain the victory in they had recourse to when they had to treat a new
the dispute but diseases are cured, not by eloquence,
; malady, and could not profit either by their own ex-
but by remedies so that if a person without any
; perience or that of others. In these and similar
eloquence be well acquainted with those remedies cases they selected their plan of treatment, by com-
that have been discovered by practice, he will be a paring the unknown disease with that which most
much greater physician than one who has cultivated resembled it. Their opinions may be found at great-
his talent in speaking without experience. That er length in Le Clerc's or Sprengel's History of Med-
these things, however, which have been mentioned icine. The latter remarks that " their principles
are only idle but what remains is also cruel, to cut
;
exhibit the most evident proofs of their great saga-
open the abdomen and praccordia of living men, and city and sound judgment, and that they were more
make that art, which presides over the health of animated by the true genius of medicine than the
mankind, the instrument, not only of inflicting death, greater part of their predecessors, who had given
but of doing it in the most horrid manner especial-
;
themselves up to vague theories." However, their
ly if it be considered that some of those things rejection of Anatomy, Physiology, and Pathology as
which are sought after with so much barbarity can- useless studies, would, of course (at least in the
not be known at all, and others may be known with- opinion of modern physicians), prevent their ever
out any cruelty for that the colour, smoothness,
; attaining any higher rank than that of clever exper-
softness, hardness, and such like, are not the same imentalists, though it must not be denied that ma
in a wounded body as they were in a sound one ;
teria medica is indebted to them for the discovery ci
and, farther, because these qualities, even in bodies the properties of many valuable drugs.
that have suffered no external violence, are often Besides Philinus, the names of the following
changed by fear, grief, hunger, indigestion, fatigue, physicians of this sect have been preserved Seia- :
and a thousand other inconsiderable disorders, pion, who is said by Celsus* to have been their
which makes it much more probable that the inter- 4
founder, Apollonius, Glaucias,* Heraclides of Ta-
7
nal parts, which are far more tender, and never ex- rentum,' Bacchius of Tanagra, Zeuxis, Menodotus
posed to the light itself, are changed by the severest of Nicomedia, 8 Theodas or Theudas of Laodicea,*
10 11 1*
wounds and mangling. And that nothing can be Sextus, Dionysius, Crito, Herodotus of Tarsus,
14
more ridiculous than to imagine anything to be the Saturninus,
1 *
Callicles, Diodorus, Lycu3, ^Eschri-
same ls
in a dying man, nay, one already dead, as it is on, Philippus, Marcellus, and Plinius Valerianus.
in a living person for that the abdomen, indeed,
;
be opened while a man breathes, but as soon (Futvoye's translation.) 2. (Galen, De Subfigur. Empir.,
may 1.
3 (De Medic., in Praefat.) 4. (Ibid.) 5. (Ibid >
as the knife has reached the praecordia, and the cap. 13, p. 68.)
6. (Ibid.) 7. (Galen, Comment, in Aphor. Hippocr., torn
transverse septum is cut, which, by a kind of mem- xviii., p. 187, ed Kiihn.) 8. (Diog-. Laert., ix., 12, sect. 7,
*
II. (Galen, De Medicam., sec.
brane, divides the upper from the lower parts (and 116.) 9. (Ibid.) 10. (Ibid.)
locos, v., 7.) 12. (Id., De Subfigur. Empir.) 13. (Diog. I*
by the Greeks is called the diaphragm dm^pay/ua), ert., 1. c.) 14. (Galen, De Meth. Med., ii., 7, p. 142." 15. U
the man immediately expires, and thus the prae- Do Simpl. Medicam. Facult., XL, 24, p. 356.)
-102
EMTIO ET FENDITIO ENDEIXIS.
With respect to Bacctt is, however, it should be cidentally destroyed before it is delivered and the ;
mentioned, that Kiihn considers the passage in seller must deliver the thing with all its intermedi-
1
Galen, which seems to class him among the Empir- ate increase. The seller mi st also warrant a |ood
ici, to be corrupt. None of these have left any title to the purchase (vid. EVICTIO), and he must
works behind them except Sextus, Marcellus, and also warrant that the thing has no concealed de-
Plinius Valerianus, a few of whose writings are fects, and that it has all the good qualities which
still extant. The sect existed a long time, as Mar- he (the seller) attributes to it. It was with a view
cellus lived in the fourth century A.D. it appears;
to check frauds in sales, and especially in the sales
also to have maintained its reputation as long as its of slaves, that the seller was obliged, by the edict
members remained true to their original principles of the curule aediles (vid. EDICTUM), to inform the
;
and it was only when they began to substitute ig- buyer of the defects of any slave offered for sale :
"
norant and indiscriminate experiments for rational Qui mancipia xendunt, certiores faciant emtores
1
and philosophical observation that the word Empiric quod morbi mtiique," &C. In reference to this
sank into a term of reproach. A parallel has been part of the law, in addition to the usual action ari-
drawn between the worst part of the system of the sing from the contract, the buyer had against the
ancient Empirici and the modern Homceopathists seller, according to the circumstances, an actio ex
by Franc. Ferd. Brisken, in an inaugural dissertation stipulatu, redhibitoria, and quanti minoris. Horace,
" Philinus et 2
entitled Hahnemannus, seu Veteris in his Satires, and in the beginning of the second
Sectae Empiricae cum Hodierna Secta Homceopa- epistle of the second book, alludes to the precau-
thiea Comparatio," 8vo, Berol, 1834, p. 36. tions to be taken by the buyer and seller of a slave
*EMPIS (EfiTTif), a species of insect, often con- ENCAUSTICA. (Vid. PICTURA.)
founded with the Kuvuty, or Gnat. Schneider thinks ENCLE'MA (eyK^aa). (Vid. DICE, p. 358.)
the term is more properly applicable to certain spe- ENCTE'MA (syKTrifia). ( Vid. ENCTESIS.)
cies of Tipula. " The Tipula culiciformis," observes ENCTE'SIS (ey/c TTJOIC) was the right of possess-
"
Adams, is very like the gnat it would, then, ap- ing landed property and houses (eyKTrjaie yfig Kal
;
pear to correspond to the kfi-rri^ of the Greeks.'" oiKias) in a foreign country, which was frequently
EMPOKICAI DICAI (k^opiKal dl,Kai). (Vid. granted by one Greek state to another, or to separ-
EMPORIUM.) ate individuals of another state. 8 'EyKr^/zaro were
EMPO'RIUM (TO Epnopiov), a place for wholesale such possessions in a foreign country, and are op-
trade in commodities carried by sea. The name is posed by Demosthenes* to KT^ara, possessions in
sometimes applied to a seaport town, but it prop- one's own country.
6
The term ey/cr^/zara was also
erly signifies only a particular place in such a town. applied to the landed property or houses which an
Thus Amphitryo says that he had looked for a per- Athenian possessed in a different (%jof from that
son, to which he belonged by birth, and, with respect tc
" in in
such property, he was called ey/ce/cr^wEvof whence :
vovf EV uyop$,
places after a conviction for impiety (aaebEia) and ;
steps for bringing him to trial. There is great ob- in all money-lending or mercantile transactions,
scurity as to the result of condemnation in a prose- and was invariably necessary when persons under-
cution of this kind. Heraldus 1 ridicules the idea took to farm tolls, taxes, or other public property.
that it was invariably a capital punishment. The In judicial matters, bail or sureties were provided
accuser, if unsuccessful, was responsible for bringing upon two occasions first, when it was requisite
:
a malicious charge (ipevdovf kvdeU-euc vTtevOvvoe*). that should be guarantied that the accused should
it
E'NDROMIS (hdpo/nis), a thick, coarse blanket, be forthcoming at the trial and, secondly, whe&
;
manufactured in Gaul, and called " endromis" be- security was demanded for the satisfaction of the
cause these who had been exercising in the stadium award of the court In the first case, bail was very
(kv fy>6,uw) threw it over them to obviate the effects generally required when the accused was other
of sudden exposure when they were heated. Not- than an Athenian citizen, whether the action were
withstanding its coarse and shaggy appearance, it public or private but if of that privileged clas?,
;
was worn on other occasions as a protection from upon no other occasion except when proceeded
the cold by rich and fashionable persons at Rome. 3 against by way of Apagoge, Endeixis, Ephegesis, 01
Ladies also put on an endromis of a finer descrip- Eisangelia. Upon the last-mentioned form being
tion (endromidas Tyrias*) when they partook, as adopted in a case of high treason, bail was not ac-
they sometimes did, of the exercises of the palaes- cepted. The technical word for requiring bail of
tra. Moreover, boots (vid. COTHURNUS) were called an accused person is Karey-yvav, that for becoming
4
evdpofiidsf on account of the use of them in running. surety in such case, efc-yyviiadai. Surety of the
EN'DYMA (Evdvpa). (Vid. AMICTUS.) other kind was demanded at the beginning of a suit
ENECH'YRA (hexvP a l n private )- suits at upon two occasions only first, when a citizen as-
:
Athens, whether tried by a court of law or before serted the freedom of a person detained in slavery
an arbitrator, whenever judgment was given against by another and, secondly, when a litigant, who
;
a defendant, a certain period was at the same time had suffered judgment to go by default before the
fixed (rj TTpoOeofi.ia'), before the expiration of which arbitrator (diajr^nfc), had recommenced his action
it was incumbent upon him to comply with the within the given time (pj ovaa Si/tri). After the
verdict. In default of doing so he became vntpfi- judgment, security of this kind was required in all
(jipog, or over the day, as it was called, and the
mercantile and some other private causes and ;
plaintiff was privileged to seize upon (u-^aaBai) his state debtors, who had been sentenced to remain in
goods and chattels as a security or compensation prison till they had acquitted themselves of their
for non-compliance. 6 The property thus taken was liabilities, were, by a law of Timocrates, 1 allowed
called evexvpa, and slaves were generally seized to go at large if they could provide three sureties
before anything else. 7 This " taking in execution" that the money should be paid within a limited pe-
was usually left to the party who gained the suit, riod. If the principal in a contract made default,
and who, if he met with resistance in making a the surety was bound to make it gooJ, or, if he re-
seizure, had his remedy in a diKij kS-ovhris ; if with fused to do so, might be attacked by an kyyvw HKI),
personal violence, in a dinr] aliciac* On one occa- if such action were brought within a twelvemonth
sion, indeed, we read of a public officer (vmjpeTTjs after the obligation was undertaken.
8
If, however,
napa rjjq apxqc; ) being taken to assist in, or, perhaps, a person accused in a public action by one of the
to be a witness of a seizure ;
but this was in a case forms above mentioned failed to appear to take his
where public interests were concerned, and conse- trial, his bail became liable to any punishment that
9
quent upon a decision of the (3ovMj. The same such person had incurred by contempt of court ;
oration gives an amusing account of what English- and, consistently with this, it appears, from a pas-
"
men would consider a case of assault and tres- sage in Xenophon, 3 that the law allowed the bail
pass," committed by some plaintiffs in a defendant's to secure the person of the accused by private con-
house, though the amount of damages which had finement.*
been given (ij KaradiKri) was, according to agree- EITYHS AIKH. (Vid. ENGYE.)
ment, lying at the bank (m Ty Tpcmefy), and there *EN'HYDRUS (tvvtpoe), in all probability the
awaiting their receipt. Otter, or Lutra vulgaris. "Schneider makes the
It seems probable, though we are not aware of its hvdpif of Aristotle to be the same. Schneider and
being expressly so stated, that goods thus seized Gesner agree that the Aarof of the same Greek
were publicly sold, and that the party from whom writer must have been the same as the evvdpof, al-
they were taken could sue his opponent, perhaps by though he wishes to distinguish them from one an-
a ditcrj ^Aufoyf, for any surplus which might remain other." 5 That the Mustela Lutra is the kvvSpiq ap-
after all legal demands were satisfied. No seizure pears evident from the Mosaic of Praeneste, accord-
of this sort could take place during several of the ing to Sibthorp. One of the Romaic names of the
religious festivals of the Athenians, such as the Otter, /3idpa, is very similar to the Polish Wydra.'
Dionysia, the Lensea, &c. They were, in fact, dies ENOJ'KIOY AIKH (SVOIKIOV d'ncy). An action
non in Athenian law. 10 brought (like our trespass for mesne profits after a
ENG'YE (eyyw/), bail or sureties, were in very successful action of ejectment) to recover the rents
frequent requisition, both in the private and public withheld from the owner during the period of hia
affairs of the Athenians. Private agreements, as, being kept out of possession. If the property re-
for instance, to abide by the decision of arbitrators, 11 covered were not a house, but land (in the more
or that the evidence resulting from the application confined sense of the word), the action for rents
of torture to a slave should be conclusive, 1 * were and profits was called Kapirov S'IKT). It seems, from
corroborated by the parties reciprocally giving each the language of the grammarians, that these actions
could be brought to try the title to the estate, as
1. (Animadv. in Salm., IV., ix., 10.) 2. (Herald., IV., ix., 13. well as for the above-mentioned purpose. Perhaps
Vid. Schomann, De Com., 175. Alt. Proc., 239.) 3. (Juv., both the tenement and the intermediate profits
in., 103. Mart., iv., 19; xiv., 126.) 4. (Juv., vi., 246.) 5. be recovered one but the
'Callim., Hymn, in Dian., 16. In Delum, 238.
might by suit, proceeding
Pollux, Onom.
ji., 155; vii., 93. Brunck, Anal., iii., 206.) 6. (Demosth., c would be more hazardous, because a failure in one
Meid., 540, 21. Ulp., ad he. Vid. Aristoph., Nubes, 35.) 7
(Athen., xiii., 612, c.) 8. (Demosth., c. Eucrg., 1153.) 9. (Id. 1. (Demosth., c. Timocr., 712-716.)--2. (Demosth., c. Apa-
e. Euerg., 1149.) 1\ (Demosth., c. Meid., 518. Hudfvalcker tur., 901, 10.) (Hel., i., 7, I) 39.) 4. (Meier, Att. Process
3.
Diaet., p. 132.) 11. (Demosth., c. Apatur., 802-899.) 12. (De- 515.) 5. H. A., viii., 7. Adams, Append., s. v.) f
(Aristot.,
(Walpole's Memoirs, vol. > , p. 267.)
>
BUMth., c. Pantien., 978, 11
401
ENTASIS. EPARITOI.
part of the demand would involve the loss of the have been the first step towards combining fraee
to
whole cause. Thus the title of a party to the land and grandeur in the Doric column.
itself might have expired, as, for instance, where he The original form is represented by the figure on
held under a lease for a term yet he would be en- the left in the preceding woodcut, which is taken
;
titled to recover certain by-gone profits from one from the great temple at Posid6nia (Paestum), which
who had dispossessed him. Therefore it is not im- is one of the most ancient temples now remaining ;
probable that the dinat iv. and /cap. might, in prac- that on the right shows the entasis, and is from a
tice, be confined to those cases where the rents and building of rather later construction in the same
profits only were the subject of claim. We are city. Two other examples of the same style arc
told that if the defendant, after a judgment in one still to be seen in Italy, one belonging to an ancieni
1
of these actions, still refused to give satisfaction, an temple at Alba Fucinensis, and the other at Rome,
1
wc/sf MKT) might be commenced against him, of on the sepulchre of C. Publicius.
ivhich the effect was, that the plaintiff obtained a EN'TOMA (frrtpi), INSECTA, INSECTS
" Aristotle and
right to indemnify himself out of the whole property Pliny used the terms n/ro/ia and in*
of the defendant. Schomann observes that this secta respectively in the same sense in which the
was a circuitous proceeding, when the plaintiff latter is applied by Baron Cuvier and the naturalists
might take immediate steps to execution by means of the present day, and did not include the Crusta-
of entry and ejectment. His conjecture, however, cea in this class of animals, as was done by Lin-
that the ovcriac. diKt) was in ancient times an impor- naeus with singular want of judgment. The met-
tant advantage, when real property could not in the amorphosis of insects is correctly described by The-
first instance be taken in execution, is probably ophrastus, K Ku/tTrrif -yap xpvaaTJuc tlf en Tavriff i)
,
not far from the truth, and is supported by analogy xn. By Kufinr/ is evidently meant here the Larva
*s the laws of other nations, which, being (in the in- or Eruca, L., and by ^pvtraAA/f, the Chrysalis or
s
fancy of civilization) framed by the landowners Pupa, L. the ^ivxn is the Imago, L."
:
only, bear marks of a watchful jealousy of any en- EPANGEL'IA (7rayye?Ja). If a citizen of Ath-
croachment upon their remarks, also,
rights. He ens had incurred urifiia, the privilege of taking part
that the giving to the party the choice between a or speaking in the public assembly was forfeited.
milder and a more stringent remedy, accords with (Vid. ATIMIA.) But as it sometimes might happen
the general tenour and spirit of the Athenian laws. that a person, though not formally declared dr/^of,
We may add that our own law furnishes an illus- had committed such crimes as would, on accusa-
tration of this, viz., where a plaintiff has obtained tion, draw upon him this punishment, it was, of
a judgment, he has the option of proceeding at once course, desirable that such individuals, like real
to execution, or bringing an action on the judg- excluded from the exercise of the
urtfiot, should be
ment though with us the latter measure is consid-
;
rights of citizens. Whenever, therefore, such a
ered the more vexatious, as it increases the costs, person ventured to speak in the assembly, any
and is rendered less necessary by the facility with Athenian citizen had the right to come forward in
which executions can be levied. At Athens the the assembly itself,* and demand of him to estab-
kfrvAijc. &KTJ, as it was the ultimate and most effica- lish his right to speak by a trial or examination of
cious remedy, drew with it also more penal conse- his conduct (doKipaaia TOV @iov), and this demand,
1
quences, as explained under EMBATEiA. denouncement, or threat, was called knayythia, or
ENOMOTIA. (Vid. AKMY, GREEK, The impeached individual
98, 100.)
ktrayyeMa 6oici/j.aaiaf.
p.
ENSIS. (Vid. GLADIUS.) was then compelled to desist from speaking, and to
EN'TASIS (tvraaif). The most ancient col- submit to a scrutiny into his conduct,* and if he
umns now existing are remarkable for the extreme was convicted, a formal declaration of uripiu fol-
diminution of the shaft between its lower and upper lowed.
extremity, the sides of which, like those of an obe- Some writers have confounded the kirayy&.ia
liok, converge immediately and regularly from the with SoKipaaia, and considered the two words as
base to the neck between two even lines a mode synonymes but from the statements made above, it
; ;
of construction which is wanting in grace and ap- is evident that the SoKL/iaaia is the actual trial, while
parent solidity. To correct this, a swelling line, the kKayy&ia is only the threat to subject a man to
called entasis? was given to the shaft, which seems the hence the expression iira-yy&Tieiv :
donifiacia
doKipaaiav.* Other writers, such as Harpoi -ation
and Suidas, do not sufficiently distinguish between
ETrayytvl/a and Ivdetftf the latter is an accusation :
fiian troops, who appear to have heen held in high tne young men received in Ihn assembly
a,
1
estimation by their countrymen. and a lance 4 but those whose fathers had
a shield ;
EPAU'LIA. (Vid. MARRIAGE, GREEK.) fallen in the defence of their coui.try received a com-
EPEUNACTAI (knevvaKTai) were a class of cit- plete suit of armour in the theatre.* It seems to
izens at Sparta, who are said to have been the off- have been on this occasion that the tytjGoi took an
3
epring of slaves and the widows of Spartan citi- oath in the Temple of Artemis Aglauros, by which
9 Messenian
zens. Theopompus tells us that in the they pledged themselves never to disgrace theii
war, in consequence of the great losses which they arms or to desert their comrades to fight to thtj ;
sustained, the Spartans married the widows of those last in the defence of their country, its altars and
who were slain to Helots, and that these Helots were hearths to leave their country, m t in a worse, but
;
admitted to the citizenship under the name of kirev- in a better state than they found it to obey the .
vaKTai. Diodorus 3 also calls the partisans of Pha- magistrates and the laws to resist all attempts to ;
ianthus EirsvvaKrat. (Vid. PARTHENIAI.)* subvert the institutions of Attica, and finally to re-
EPHEBE'UM. (Vid. GYMNASIUM.) spect the religion of their forefathers. This solem-
EPHE'BUS (e<j>j)6of) was the name of Athenian nity took place towards the close of the year (h>
youths after they had attained the age of 18. dpxaipeatatf}, and the festive season bore the name
The state of tyr/fata lasted for two years, till the of <j>T)(jia.' The external distinction of the tyTjfoi
young men had attained the age of 20, when they consisted in the ^kapjq and the ireraaof.*
became men, and were admitted to share all the During the two years of the tyr/Seia, which may
rights and duties of a citizen, for which the law did be considered as a kind of apprenticeship in arms,
not prescribe a more advanced age. That the and in which the young men prepared themselves
young men, when they became tyrjSoi, did not re- for the higher duties of full citizens, they were gen-
ceive the privileges of full citizens, is admitted
all erally sent into the country, under the name of TTE
on all ;
but from the assertion of Pollux and
hands piKobot, to keep watch in the towns and fortresses,
Harpocration, who state that their names were not on the coast and frontier, and to perform other du
entered in the lexiarchic registers until they had ties which might be necessary for the protection of
bly ;
or it may be that it arose out of the law which, *EPHE'MERON (tyrjpepov), I. a plant, the same
as Schomann 7 interprets it, prescribed that no Athe- with the Colchicum autumnale, or Meadow Saffron.
10
nian should be enrolled in the lexiarchic registers Such, at least, is the e^^epov of Theophrastus and
before the attainment of the 18th, or after the Nicander. 11 " Dioscorides 13 also gives it as one of
completion of the 20th year. (Vid. DOCIMASIA.) the synonymes of his KO^XLKOV. But in the follow-
From the oration of Demosthenes against Aphobus, 8 ing chapter he describes the properties of another
we see that some of the privileges of citizens were eyrjfiepov, which it is more difficult to determine.
13
conferred upon young men on becoming I6j]6oi :
Sprengel inclines to the Convallaria verticillata."
*II. The Ephemera. L., or May-fly. " The name
Demosthenes himself, at the age of 18, entered upon
his patrimony, and brought an action against his of Ephemera has been given to the insects so called,
9
guardians one Mantitheus relates that he mar-
;
in consequence of the short duration of their lives,
ried at the age of 18; and these facts are stated in when they have acquired their final form. There
such a manner that we must infer that their occur- are some of them which never see the sun they ;
rence had nothing extraordinary, but were in ac- are born after he is set, and die before he reappears
1*
cordance with the usual custom on the horizon."
Before a youth was enrolled among the ephebi, EPHES'IA ('EQtaia), a great panegyris of the Io-
he had to undergo a doKi/taaia, U,e object of which nians at Ephesus, the ancient capital of the lonians
was partly to ascertain whether he was the son of in Asia. It was held every year, and had, like all
Athenian citizens, or adopted by a citizen, and part- panegyreis, a twofold character, that of a bond of
ly whether his body was sufficiently developed and political union among the Greeks of the Ionian race,
strong to undergo the duties which now devolved and that of a common worship of the Ephesian Ar-
10
upon him. Schomann 11 believes that this 6oK.ifi.aala temis. 18 The Ephesia continued to be held in the
only applied to orphans, but Aristophanes and Plato time of Thucydides and Strabo, and the former
16
mention it in such a general way, that there seems compares it to the ancient panegyris of Delos (vid.
to be no ground for such a supposition. After the DELIA), where a great number of the lonians a&-
calls the great national panegyris of all the lonians Athens, the knowledge of which was confined to
in the Panionium the noivrj navrj-yvpt^ TUV 'luvuv, the old nobility, even after they had lost their polit-
applies to the Ephesia simply the name iravnyupif. ical power. (Vid. EXEGETAI.) Consequently, the
It may, however, have existed ever since the time administration of the rites of expiation could not be
when Ephesus was the head of the Ionian colonies taken away from them, and none but an aristocrat-
in Asia. ical court like that of the Ephetae would be compe-
EPH'ESIS. (Vid. APPELLATIO, GREEK.) tent to grant permission of expiation for homicide,
EPHESTRIS (tyeffT^f) was a name applied to and to preside over the ceremonies connected with
any outer garment, and is used as equivalent to the it. Accordingly, that court retained the right of de-
4
iftdriov and chlamys. cision in actions for manslaughter, in which a tem-
EPH'ETAE('E<^r<u). The judges so called at porary flight was followed by expiation, and also in
Athens were fifty-one in number, selected from no- cases of justifiable homicide, whether from the sim-
ble families (apiarivdTjv alpedevref), and more than ilarity of the latter (as regards the guilt of the per-
fifty years of age. They formed a tribunal of great petrator) to acts of accidental homicide, or as re-
antiquity, so much so, indeed, that Pollux* ascribed quiring a like expiation.* For acts of wilful mur-
their institution to Draco moreover, if we can de- der, on the other hand, the punishment was eithei
;
6
pend upon the authority of Plutarch, one of Solon's death or aettivyia, and, therefore, no expiation (ica-
laws (ufyvef) speaks of the courts of the Ephetae dapai?) was connected with the administration of
and Areiopagus as coexistent before the time of justice in such cases, so that there could be no ob-
Again, as we are told by Pollux,
7
that legislator. jection against their being tried by the court of tne
the Ephetae formerly sat in one or other of five Areiopagus, though its members did not of necessity
courts, according to the nature of the causes they belong to the old aristocracy.
had to try. In historical times, however, they sat Such, briefly, are the reasons which Muller alle-
in four only, called, respectively, the court by the ges in support of this hypothesis and if they are ;
Palladium (TO em lla/Marft'o), by the Delphinium (TO valid there can be little doubt that the separation
em Aeltym'o), by the Prytaneium (TO eni HpvTaveiu), alluded to was effected when the Athenian nobility
and the court at Phreatto or Zea (TO kv QptctTToi*). lost their supremacy in the state, and a timocracy
At the first of these courts they tried cases of unin- or aristocracy of wealth was substituted for an ar-
tentional, at the second of intentional, but justifia- istocracy of birth. This, as is well known, happen-
ble homicide, such as slaying another in self-de- ed in the time of Solon.
fence, taking the life of an adulterer, killing a tyrant Lastly, we may remark, that the comparatively
or a nightly robber. 9 At the Prytaneium, by a unimportant and antiquated duties of the Ephetae
strange custom, somewhat analogous to the impo- sufficiently explain the statement in Pollux,* that
sition of a deodand, they passed sentence upon the their court gradually lost all respect, and became at
instrument of murder when the perpetrator of the last an object of ridicule.
act was not known. In the court at Phreatto, on EPHI'PPIUM (d<rrp&7, tyiinriov, EQiirxsiov), a
the seashore at the Peirajus, they tried such per- Saddle. Although the Greeks occasionally rode
5
sons as were charged with wilful murder during without any saddle (em ijjihov linrov yet the> ;om- '),
a temporary exile for unintentional homicide. In monly used one, and from them the name, together
cases of this sort, a defendant pleaded his cause on with the thing, was borrowed by the Romans. 6 It
board ship (1% -ytjf pi uirTOfjiEvo^), the judges sitting has, indeed, been asserted, that the use of saddles
close by him on shore. 10 Now we know that the was unknown until the fourth century of our era.
jurisdiction in cases of wilful murder was, by So- But Ginzrot, in his valuable work on the history of
7
lon's laws, intrusted to the court of the Areiopagus, carriages, has shown, both from the general prac-
which is mentioned by Demosthenes 11 in connexion tice of the Egyptians and other Oriental nations,
with the four courts in which the Ephetae sat. from the pictures preserved on the walls of houses
Moreover, Draco, in his Qeapoi, spoke of the Ephc- at Herculaneum, and from the expressions employ-
ta,
only, though the jurisdiction of the Areiopagus in
ed by J. Caesar and other authors, that the term
cases of murder is admitted to have been of great "ephippium" denoted not a mere horsecloth, a skin,
13
antiquity. Hence Muller conjectures that the court or a flexible covering of any kind, but a saddle-tree,
of the Areiopagus wa%anciently included in the five or frame of wood, which, after being filled with a
courts of the Ephetae, and infers, moreover, the ear- stuffing of wool or cloth, was covered with softer
ly existence of a senate at Athens, resembling the materials, and fastened by means of a girth (cmgu-
Gerousia at Sparta, and invested with the jurisdic- lum, zona) upon the back of the animal. The an-
cient saddles appear, indeed, to have been thus iar
I (Strabo, 1 c.) 2. (a. v.y 3. (Compare Paus., vii., 2, 4.
djfferent from ours, that the cover stretched upon
I)
8. BSckh., n.
Mailer, Dor., ii., 9, </ Corp. Inscript., ii., 2909.) the hard frame was probably of stuffed or padded
4. (Xen., Symp., iv., 38. Lucian, Dial. Meretr., 9, vol. iii., p.
101, ed. Reitz. Dial. Mort., 10, I) i., p. 360.
4, vol. Conterapl., 1. (Thirhvall, Hist, of Greece, ii., p. 41.) 2. (Pollux, 1. c.)
W9. Leg., ix., p. 864 and 875.) 4. (1. c.) 5. (Xeu., De R
14, n. Becker, Charikles, p. 358.)
ii., 5. (viii., 125.) .
3. (Plato,
(Solon., c. 19J-
7. (Pollux, Onom., 1. c.) 8. (Wachsmuth, II.,
Equest., vii., 5.) 6. (Varro, De Re Rust., ii., 7. Cxsar, B. G.,
i., p. 321 )'->. (Plato, Leg., ix., p. 874.)
10. (Dcmosth., c. Aris-
iv., 2. Hor., Epist., i , II, 43. Gellius, v., 5.) 7. (vol ii.,
tocr , p G44.) 11. (1. c.) 12. (Eumenid.. i) 65.) 26.)
407
El HORI. EPHORI.
;!otb rather than leather, and that the saddle was, originally appointed by the kings, to act tor them in
as were, a cushion fitted to the horse's back.
it a judicial capacity (Trpoc TO Kpiveiv) during their ab-
Pendent cloths (arpufMra, strata) were always at- sence from Sparta in the first Messenian war, and
tached to it, so as to cover the sides of the animal ;
that it was only by gradual usurpations that these
but it was not provided with stirrups. As a substi- new magistrates had made themselves paramount
tute for the use of sturups, the horses, more partic- even over the kings themselves. Now, according
ularly in Spain, were taught to kneel at the word of
1
to some authorities, Polydorus, the colleague of
command, when their riders wished to mount them. Theopompus, and one of the kings under whom the
( Vid. the annexed figure
from an antique lamp found first Messenian war (B.C. 743-723) was completed,
at Herculaneum, and compare Strabo, III., i., p. 436, appropriated a part of the conquered Messenian ter-
ed Sieb. and Silius Italicus, x., 465.)
; ritory to the augmentation of the number of porticns
of land possessed by the Spartans an augmenta-
tion which implies an increase in the number of
Spartan citizens. But the ephors, as we shall see
hereafter, were the representatives of the whole na-
tion ; and, therefore, if in the reign of Theopompus
the franchise at Sparta was extended to a new class
of citizens, who, nevertheless, were not placed on
an equality with the old ones (inroneiovef), the eph-
ors would thenceforward stand in a new position
with respect to the kings, and the councillors (of
yepovref) who were elected from the higher class.
Moreover, it is not improbable that, during the ab-
sence of the kings, the ephors usurped, or had con-
ferred upon them, powers which did not originally
belong to them so that, from both these causes,
;
were given to them by that legislator, or in the age marks,* the dfj/j.of enjoyed through them a partici
of which he may be considered the representative. pation in the highest magistracy of the state. The
Another -account refers the institution of the Spar- precise mode 7
of their election is not known, but
tan epho.-alty to Theopon.pus (B.C. 770-720), who Aristotle speaks of it as being very puerile and ;
(Heracl Pint., 4.) 4. (i., 65.)-5. (Plutarch, I.ycurgf., 6.) 6. 5. (Philolog. Museum, ii., p. 52.) 6. 'Polit,^ 7.) 7, (I.e.',
8. (Leg., iii., p. 692.)
<\risto\, Fulit., v., 9.) 7. (Plutarch. Cleom., 10.)
408
EPHORI. EPHOR1.
to the year, which was called after him in all civil not known in early times appears from tYu ciicum
transactions.
1
Their meetings were held in the stance that the two ordinances of the oracle at Del-
public building called upxeiov, which in some re- phi, which regulated the assembly of the people,
spects resembled the Prytaneium at Athens, as be- made no mention of the functions c f the ephors J
ing the place where foreigners and ambassadors It is clear, however, that the power which such a
were entertained, and where, moreover, the ephors connexion gave, would, more than anything else,
8
took their meals together. enable them to encroach on the royal authority, and
The ephors also possessed judicial authority, on make themselves virtually supreme in the state.
which subject Aristotle 3 remarks that they decided Accordingly, we find that they transacted business
2
in civil suits (6iKai TUV avpGohaiuv), and generally with foreign ambassadors; dismissed them from
3
in actions of great importance (npiaeuv fieyuhuv KV- the state decided upon the government of de-
;
OLOI') whereas the council presided over capital pendant cities ;* subscribed in the presence of othei
:
crimes (6inai Qovinai'). In this arrangement we see persons to treaties of peace 5 and in time of war ;
an exemplification of a practice common to many sent out troops when they thought necessary.' In
of the ancient Greek states, according to which a all these capacities the ephors acted as the repre-
criminal jurisdiction was given to courts of aristo- sentatives of the nation and the agents of the pub
cratic composition, while civil actions were decided lie assembly, being, in fact, the executive of the
by popular tribunals. (Compare EpHETAEand AREI- state. Their authority in this respect is farther il-
OPA.JUS.) But with this civil jurisdiction was uni- lustrated by the fact that, after a declaration of war,
ted a censorial authority, such as was possessed by " they intrusted the army to the king or some other
the ephors at Cyrene for example, the ephors pun- general, who received from them instructions how
:
ished a man for having brought money into the to act, sent back to them for fresh instructions,
8
state, and others for indolence.
6
We
are told, also, were restrained by them through the attendance u
that they inspected the clothing and the bedding of extraordinary plenipotentiaries, were recalled by
Moreover, something like a su- means of the scytale, summoned before a judicia.
7
the young men.
perintendence over the laws and their execution is tribunal, and their first duty after return was to visit
7
implied in the language of the edict, which they the office of the ephors." Another striking proof
published on entering upon their office, ordering the of this representative character is given by Xeno-
citizens " to shave the upper lip (/aWa/ca), i. e., to phon, who informs us that the ephors, acting on
8
be submissive, and to obey the laws." Now the behalf of the state (virep TJJC 7r6/lew? ), received from
symbolical and archaic character of this expression the kings every month an oath, by which the latter
Beems to prove that the ephors exercised such a bound themselves to rule according to law and ;
general superintendence from very early times, and that, in return for this, the state engaged, through
there car. be no doubt " that, in the hands of able the ephors, to maintain unshaken the authority of
men, it would alone prove an instrument of unlim- the kings if they adhered to their oath.
8
ited power." It has been said that the ephors encroached upon
Their jurisdiction and power were still farther in- the royal authority in course of time the kings be- ;
creased by the privilege of instituting scrutinies (ev- came completely under their control. For example,
9
Qwai) into the conduct of all the magistrates, on they fined Agesilaus on the vague charge of trying
which Aristotle 9 observes that it was a very great to make himself popular, and interfered even with
gift to the ephoralty (TOVTO de ry tyopeip fj.e-ya "kiav the domestic arrangements of other kings more- ;
TO Supov). Nor were they obliged to wait till a over, as we are told by Thucydides, 10 they could
magistrate had completed his term of office, since, even imprison the kings, as they did Pausanias.
even before its termination, they might exercise the We
know, also, that in the field the kings were fol-
10
privilege of deposition. Even the kings themselves lowed by two ephors, who belonged to the council
could be brought before their tribunal (as Cleom- of war the three who remained at home received ;
eaes was for bribery, Jupodo/aa 11 ), though they were the booty in charge, and paid it into the treasury,
not obliged to answer a summons to appear there which was under the superintendence of the whole
18
till it had been repeated three times. In extreme College of Five. But the ephors had still another
cases, the ephors were also competent to lay an ac- prerogative, based on a religious foundation, which
cusation against the kings as well as the other ma- enabled them to effect a temporary deposition of the
gistrates, and bring them to a capital trial before kings. Once in eight years (Si' kruv tvvia), as we
the great court of justice. 13 If they sat as judges are told, they chose a calm and cloudless nigut to
themselves, they were only able, according to Miil- observe the heavens, and if there was any appear-
ler, to impose a fine, and compel immediate pay- ance of a falling meteor, it was believed to be a sign
ment but they were not in any case, great as was that the gods were displeased with the kings, who
;
their judicial authority, bound by a written code of were accordingly suspended from their functions
laws. 14 until an oracle allowed of their restoration. 11 The
In later times the power of the ephors was great- outward symbols of supreme authority also were as-
ly increased and this increase appears to have sumed by the ephors, and they alone kept their
;
been principally owing to the fact that they put seats while the kings passed whereas it was not ;
themselves in connexion with the assembly of the considered below the dignity of the kings to rise in
12
people, convened its meetings, laid measures before honour of the ephors.
it, and were constituted its agents and representa- The position which, as we have shown, the ephora
tives." When this connexion arose is matter of occupied at Sparta, will explain and justify the state-
conjecture some refer the origin of it to Astero- ment of Miiller, "that the ephoralty was the moving'
;
pus, one of the first ephors to whom the extension element, the principle of change in the Spartan con-
of the powers of the ephoralty is ascribed, and who stitution, and, in the end, the cause of its dissolu-
is said to have lived many years after the time of tion." In confirmation of this opinion we may cite
TLeopompus, probably about B.C. 560. That it was the authority of Aristotle, who observes, that from
the excessive and absolute power (ivorvpawof) of
1 (Miiller, Dor., iii., 7, <) 7.) 2. (Pausan., iii., 11. 2.) 3.
the ephors, the kings were obliged to court them The term is sometimes, also, applied by the Rontat
(Aijfiayuyetv), and eventually the government be- writers to the marines, 1 but they are more usually
came a democracy instead of an aristocracy. Their called classiarii milites. The latter term, however,
relaxed and dissolute mode of life too (aveipevTj 6i~ is also applied to the rowers or sailors as well at
euro.), he adds, was contrary to the spirit of the con- the marines (classiariorum remigiu vehi').
stitution and we may remark that it was one of
;
EPIBLE'MA. (Vid. AMICTUS.)
the ephors, Epitadeius, who first carried through EPIB'OLE (Eiii6oX?i), a fine imposed by a magis-
the law permitting a free inheritance of property in trate, or other official person or body, for a misde-
contravention of the regulation of Lycurgus, by meanour. The various magistrates at Athens hail
which an equal share in the common territory was (each in his own department) a summary penal ju-
secured to all the cuizens. risdictioni. e., for certain offences they
;
might
The change, indeed, to which Aristotle alludes, a pecuniary mulct or fine, not exceeding a
inflict
might have been described as a transition from an fixed amount if the offender deserved farther pun-
;
ved the system, by decreasing the number of &n6d- ance was transmitted through her to a grandson,
rat, and relying on the more skilful management of who would take the name of the maternal ancestor.
their vessels." If the father died intestate, the heiress had not the
The epibatas were usually taken from the Thetes, choice of a husband, but was bound to marry her
or fourth class of Athenian citizens 9 but on one ;
nearest relative, not in the ascending line. Upon
occasion, in a season of extraordinary danger, the
citizens of the higher classes (EK /cara/loyov) were 1. (Hist,de Bell. Alex , 11 de Bell. Afric., 03.)
;
2. (Ta-
10
compelled to serve as epibatae. cit., Ann., xiv.,4.) 3. (Demosth., c. Macart., 1076.) 4 (JSsch.,
c. Timarch., 35, Bekker.) 5. (Demosth., c. Euerg. auJ Mneg ,
1152. Vid. also Demosth. ,c. Moid., 572.) 6. (JEsch.,c. Timar.,
i. 2, p. 214.)
(i.,
2. (Arist., ii,6.) 3. (Vid. Thirlwall, iv., 1. c. Demosth., c. Nicost., 1251.) 7. (Meier, Att. Proo., p. 32,
377.) 4. (Xen., Hell., i., 2, 7 ; v., 1, $ 1 1 . Harpocrat. and 34, 565. Schomann, Ant. Jur. Pub. Grac., p. 242, 293.1
6. (vi., 15.) 7. (1.
Hesych., s. v.) 5. (ad Thucyd., iii., 95.) (Pub. Econ. of Athens, ii., p. 103, <fec.) 9. (^sch., Fit,'} llcfr
c.) 8. (Thucyd., i., 49.) 9. (Thucyd., vi., 42.) 10. (Thucyd., Bekker. Demosth., c. Theocr., 1328. Harpocr.
pafi., 14,
iiii., 24.) Arf/iiyroj ayuv.)
410
EPIDICASIA. EPIMELZTAE.
such person making his claim before the archon, in which case the person in whsse favom
,
whose duty it was EiripEfacadai TUV emK^pov /cat the will of the deceased had been made the near- ,
ruv OIKUV TCiv EtJEpij/uovfiEvuv, 1 public notice was est male relative (uy^tcrrevf), or if several daughters
given of the claim and if no one appeared to dis-
;
had been left with their portions to different
persons,
pute it, the archon adjudged the heiress to him the legatees or relatives were required to prefer
(iirtiiitaoev UITW TTJV kiriK^ripov). If another claim- their claim to the archon. The proclamation by
ant appeared (ufifitafrjTeiv avrfi rrjf ETTIK.), a court the herald followed, in the same manner as when
A'as held for the decision of the right (diadiKama an estate was the subject of the petition arx" the ;
r^f ETUK.), which was determined according to the paracatabole, or the tenth part of the estate 01 por-
tion, was deposited as a forfeit, in case they failed
1
Athenian law of consanguinity (yevovg nar ayxta-
reiav). Even where a woman was already married, to establish their claim, by the other parties that
her husband was obliged to give her up to a man undertook a diadicasia. 1 (Vid. EPICLERUS.)
with a better title and men often put away their
;
EPID'OSEIS (ETTtdooEif) were voluntary contribu-
"ormer wives in order to marry heiresses.* tions, either in money, arms, or ships, which were
A man without male issue might bequeath his made by the Athenian citizens in order to meet the
property but if he had a daughter, the devisee was extraordinary demands of the state. When the ex
;
3
obliged to marry her. If the daughter was poor, penses of the state were greater than its revenue,
and the nearest relative did not choose to marry it was usual for the prytanes to summon an assem-
her, he was bound to give her a portion correspond- bly of the people, and, after explaining the necessi-
4
ing to his own fortune. ties of the state, to call upon the citizens to contrib-
The husband of an heiress took her property until ute according to their means. Those who were
she had a son of full age (enl fiereg ridrjaavra}, who willing to contribute then rose, and mentioned what
was usually adopted into his maternal grandfather's they would give while those who were unwilling
;
family, and took possession of the estate. He then to give anything remained silent, or retired privately
became his mother's legal protector (/cvptoc), and from the assembly. 2 The names of those who had
was bound to find her maintenance (alrov). If promised to contribute, together with the amount of
there were more sons, they shared the property their contributions, were written on tablets, which
8
equally. were placed before the statues of the Eponymi,
When there was but one daughter, she was called where they remained till the amount was paid.'
E-irtK^rjpof em navri T& o'mu. If there were more, These kindoaeig, or voluntary contributions, were
they inherited equally, like our co-parceners, and frequently very large. Sometimes the more wealthy
were severally married to relatives, the nearest citizens voluntarily undertook a trierarchy, or the
having the first choice.
6
Illegitimate sons did not expenses of equipping a trireme.* read that We
share with the daughter, the law being vbOy pi Pasion furnished 1000 shields, together with five
7
tlvai ayxtoTEiav HTJ& ispuv fifjff ooluv. triremes, which he equipped at his own expense.*
The was under the special protection of Chrysippus presented a talent to the state when
heiress
the aichon; and if she was injured by her husband Alexander moved against Thebes ;' Aristophanes,
or relatives, or by strangers ejecting her from her the son of Nicophemus, gave 30.000 drachmae /or
3state, the law gave a criminal prosecution against an expedition against Cyprus 7 Charidemus End
;
the offender, called /ca/cwcrewf EiaayysMa. 9 Diottmus, two commanders, made a free gift of 900
EPICLINTRON. (Vid. LECTHS.) shields e and similar instances of liberality are men-
;
EPIDAURIA. (Vid. ELEUSINIA, p. 396.) tioned by Bockh, 9 from whom the preceding exam-
EPIDEMIURGI. (FRDEMiuRoi.) ples have been taken.
10
EPIDICASIA (eirtdiKaaia, itkfipov) was the pro- EPIGAMIA. (Vid. MARRIAGE, GREEK.)
ceeding by which a legatee or heir, other than the EPI'GRAPHEIS. (Vid. EISPHORA, p. 392.)
natural descendant and acknowledged successor, EPIMELE'TAECeTr^e^raO, the name of various
obtained legal possession of the estate of a deceased magistrates and functionaries at Athens.
person. Under these circumstances, the claimant 1. 'EiripeTiTiTT/e r^f KOIVT/<;
Trpoaotiov, more usually
was said ^ay^uvsiv or Eiridiicd&aBat TOV /cA^pov, and called TOyutaf, the treasurer or manager of the pub-
the property itself termed MdiKov until it was formal- lic revenue. (Vid. TAMIAS.)
ly awarded to its rightful owner. Notice of a claim 2. 'ErcifiE^Tjrai TUV /zopiuv 'E/latwv were
persons
of this .rind might be given to the archon eponymus chosen from among the areopagites to take c;ire of
11
during any month in the year except Scirrophorion, the sacred olive-trees.
and that magistrate was bound, upon receiving it, to 3.
'EirtfiE^rjral TOV 'Efnropiov were the overseers
direct that it should be inscribed upon a tablet, and of the emporium. (Fid. EMPORIUM.) They were
exposed to public inspection, as if it were an indict- ten in number, and were elected yearly by lot. 11
ment or declaration (ypa^f) or Ar/fa) in an ordinary They had the entire management of the emporium,
lawsuit. 9 After this it was recited by the herald in and had jurisdiction in all breaches of the commer-
the first ensuing regular assembly of the people cial laws. 11 According to Aristotle, 1 * it was part of
(Kvpiq, EKictyffia), and a proclamation to the same their duty to compel the merchants to bring into
effect was again made before the archon, who for- the city two thirds of the corn which had been
mally assigned the property to the claimant. If, brought by sea into the Attic emporium by which ;
however, any other parties made their appearance, we learn that only one third could be carried away
a diadicasia ensued between them and the original to other countries from the port of the Peiraeus. * 1
by Bockh,* in which they are sometimes called oi the repairers of the trenches, &c. ; all of whom
&PXOVT '^ T t veupioLf, and their office designated were elected by the tribes, one frc each but tl e m :
an upxfi.'' We learn from the same inscriptions most distinguished of these were the Tei%oiroioi *
that their office was yearly, and that they were ten Over other public buildings a manager of public
in number. It also appears that they were elected works had the superintendence and it was in this ;
by lot from those persons who possessed a knowl- capacity that Pericles, and subsequently Lycurgus,
edge of shipping. undertook so many works of architecture. In the
The principal duty of the inspectors of the dock- inscriptions relating to the building of the Temple
yards was to take care of the ships, and all the rig- of Athena Polias, we find emorarat mentioned.'
ging, tools, &c. (GKSVTI), belonging to them. They Similar authorities were appointed for the care of
also had to see that the ships were seaworthy the roads, and of the supply of water (6601:0101,* smo-
;
and for this purpose they availed themselves of the raral TUV vduTuv*).
services of a doKipaarJif, who was well skilled in The directors received the money which was ne-
such matters. 6 They had at one time the charge cessary for these works from the public treasury
of various kinds of military aKevlj, which did not (SK T7?f dioiKT/aeuf*).
7
necessarily belong to ships, such as engines of war, EPI'STOLA. (Vid. CONSTITCTIO.)
which were afterward, however, intrusted to the EPIST'OLEUS (tmoTofavc) was the officer sec-
8
generals by a decree of the senate and people. ond in rank in the Spartan fleet, and succeeded tc
They had to make out a list of all those persons the command if anything happened to the vavup^og
who owed anything to the docks, 9 and also to get or admiral. 4 Thus, when the Chians and the other
in what was due.
10
We also find that they sold the allies of Sparta on the Asiatic coast sent to Sparta
rigging, &c., of the ships, and purchased new, un- to request that Lysander might be again appointed
der the direction of the senate, but not on their own to the command of the navy, he was sent with the
11
responsibility. They had riysfioviav 6iKaarripiov in title of EiriGTofoiif, because the Jaws of Sparta did
conjunction with the aTrotrro/letc in all matters con- not permit the same person to hold the office of
nected with their own department. a To assist them
'
in discharging their duties, they had a secretary EPISTY'LIUM, the architrave c > YOW er member
13
(ypafj.fj.a,Tev<; ) and a public servant (dij/uoaiof ev roif of an entablature (coronix) which lies immediately
veupioif *). For a'farther account of these inspect- over the column.
1 9
When an intercolumniation wa ) 1
ors, see Bockh, Urkunden, &c., p. 48-64. of the kind called araostyle, that is, when the col-
6. 'ETTf/zeA^rai TUV <f>vhtiv, the inspectors of the umns were more than three diameters
apart, the
i or tribes. (Vid. TRIBUS.) epistylium was necessarily made of wood instead of
*EPIME'LIS (Eiri/ujTile), a species of Medlar. stone ;' a construction exemplified by the restora-
Sprengel sets it down for the Mespilus Germani- tion in the annexed woodcut of the Doric portico
10
l&
cus, L. which surrounds three sides of the Forum at Pom-
*EPI'OLUS (^TTi'oAof), an insect described by peii. The holes seen at the back of the frieze re-
Aristotle, and the same, most probably, as Adams ceived the beams which supported an upper gallery.
thinks, with the Kvpavarrtg of ^Elian. Schneider
supposes it to be the Acarus telarius, L., or Red
16
Spider.
*EPIPACTIS (e7ri7ra/cT/f), according to Sprengel,
the Herniaria glabra. Nothing satisfactory, how-
ever, is determined, with regard to this herb, by
17
Matthiolus, Bauhin, and other botanical writers.
EPIRHE'DIUM. (Vid. RHEDA.)
EniSKH*I2 "J-EYAOMAPTYPIQN. (Vid.VET-
AOMAPTTPIS2N AIKH.)
EPIS'COPOI (eniaKonoi) were inspectors, who
were sometimes sent by the Athenians to subject
states. Harpocration compares them to the Lace-
daemonian harmosts, and says that they were also
called tyvhanef. It appears that these emaKonoi re-
ceived a salary at the cost of the cities over which
18
they presided.
EPISTATES (7rt(jrarj?f), which means a person
placed over anything, was the name of two distinct
1. (Harpocrat. and Suid, s. v. Deraosth., c. Meid., p. 570, 6.) EPISYNTHE'TICI (&rt<n;v0m/toi), an ancient
-2. (c. Euerg. et Mnes., p. 1145.) 3. (c. Ctesiph., p. 419.) 4. medical sect, so called because they heaped up in a
("Urkunden, fiber das Seewesen des Attisches Staates,"
1840.) 5.
Berlin,
(No. xvi., b, 104, &c. No. x., c, 125. No. xiv.. c,
manner (7riavvTi6r)/ii\ and adopted for their own
122, 138.) 6. (Bockh, ibid., No. ii., 56.) 7. (No. xi., m.)8. the opinions of different, and even opposite, schools.
(No. xvi., a, 195.) 9. (Demosth., c. Euerg. et Mnes., p. 1145.)
10. (Id., c. Androt., p. 612011. (No. xiv., b, 190, &c., com-
They appear to have been a branch of the Method-
pared with Nos. xiv., xvi., .) 12. (Demosth., c. Euerg-. et
Mnes., p. 1147.) 13. (No. xvi., ft, 165014. (No. xvi., 6, 135.) 1. (^schin., c. Ctes., p. 400, 422, 425.) -2. (Biickh, Puk
15. (Paul. jEgin., vii., 3. Adams, Append., n. v.) 18. (Aris- Econ. of Athena, i., p. 272.) 3. (JJschin., c. Ctes., p. 419.) 4
tot., H. A., viii., 26. ^lian, N. A., xii., 8. Adams, Append., (Plutarch, Them., 31. Schomann, Antiq. Juris
Pub. Gnec., p
s. v.) 17. (Dioscor., iv., 106. Adams, Append., s. v.) 18. 247.)5. (JSschin., c. Ctes., p. 425.) 6. (Xen., Hell., i., 1,
(Aristoph., Aves, 1022, &c., with schol. Harpocrat., s. v. 23; iv., 8, <> 11, v., 1, $ 5, 6. Sturz, Lex. Xen., s. y.>
BSckh, Fubl. Econ., i., p. 211. 319. Schomann, Antiq. Juris (Xen., Hell., ii., 1, $ 708. (Festus, s. v.) 9 (Vitruv . iii., .:
Agathinus of Sparta, the pupil of Athenaeus, to- ment, upon conviction, depended entirely upon the
1
wards the end of the first century of the Christian greater or less severity of the dicasts. If the
era.' Galen informs us 3 that the sect was also guardian preferred that the estate should be farmed,
sometimes called kKfanriKTi, and sometimes ^KTIKTI. the regular method of accomplishing this was by
(Vid. HECTICI.) The only other ancient physician making an application to the archon, who thereupon
(as far as the writer is aware) who is mentioned as let the inheritance to the highest bidder, and took
having belonged to this sect, is Leonides4 of Alex- care that the farmer should hypothecate a sufficient
andrea,* who is supposed by Sprengel
to have piece of ground or other real property to guaranty
lived in the third century, ashe himself quotes Ga- the fulfilment of the contract (uiroriptipa}. In soi ae
lon,' while Galen never mentions him. Little is cases the guardian might be compelled to adopt this
known of the opinions of either of these physicians, course or be punished, if the lease were irregularly
and nothing sufficiently characteristic to enable us or fraudulently made, by a phasis, which, upon this
to determine what were the peculiar tenets of their occasion, might be instituted by any free citizen.
sect, which are,however, supposed to have nearly The guardianship expired when the ward had at-
agreed with those of the Eclectici. (Vid. ECLEC- tained his eighteenth year, and, if the estate had
TICI.) been leased out, the farmer paid in the market--
EPITHALAMIUM. (Vid. MARRIAGE.) place the capital he had received to trade with, and
*EPITH'YMON (imdvfiov), a weed which is par- the interest that had accrued ;* if, however, the in-
asitic on thyme, furze, heath, and other plants. heritance had been managed by the guardian, it
AHston, Dierbach, and Sprengel follow Bauhin in was from him that the heir received his property
referring it to the Cuscuta Epithymus, or Lesser and the account of his disbursements during the
Dodder of Thyme. 7 minority. In case the accounts were unsatisfacto-
EPITI'MIA (KKiTifiia). (Vid. ATIMIA CIVITAS, ry, the heir might institute an action emrpo^f
;
EIIITPIHPAPXH'MATOS AIKH. (Vid. LEI- mere private lawsuit, in wliich the damages and
TOURGIA.) epobelia only could be lost by the defendant, to the
EniT'POriHS rPA*H. (Vid. EPITROPOS.) latter of which the plaintiff was equally liable upon
EPITROPOS (7ur/307rof), which signifies, literal- failing to obtain the votes of a- fifth of the dicasts.
ly, a person to whom anything is given
8
in charge, This action was barred by the lapse of five years
occurs, however, much more frequently in the sense from the termination of the guardianship and if ;
of a guardian of orphan children. Of such guardi- the defendant in it died before that time, an action
ans there were at Athens three kinds first, those :
aft?f would lie against his representatives to re-
3
appointed in the will of the deceased father sec- cover what was claimed from his estate.
;
ondly, the next of kin, whom the law designated as EPOBEL'IA (EnufieMo.), as its etymology implies,
tutores legitimi in default of such appointment, and at the rate of one obolus for a drachma, or one in
who required the authorization of the archon to en- six, was payable on the assessment (TipTjpa) of sev-
able them to act and, lastly, such persons as the eral private causes, and sometimes in a case of
;
archon selected, if there were no nexf of kin living phasis, by the litigant that failed to obtain the votes
to undertake the office. The duties of the guardian of one fifth of the dicasts.* It is not, however,
comprehended the education, maintenance, and pro- quite certain that such was invariably the case
tection of the ward, the assertion of his rights, and when the defeated suitor was the defendant in
the safe custody and profitable disposition of his in- the cause 5 though in two great classes, name-
;
heritance during his minority, besides making a ly, cross-suits (uvrtypaQai), and those in which a
proper provision for the widow if she remained in preliminary question as to the admissibility of the
the house of her late husband. In accordance with original cause of action was raised (itapaypa.<ba.i\ it
these, the guardian was bound to appear in court in may be confidently asserted. As the object of the
all actions in behalf of or against his ward, and give regulation was to inflict a penalty upon litigiousness,
in an account of the taxable capital (rt/z^a) when and reimburse the person that was causelessly at-
an elaQopd (the only impost to which orphans were tacked for his trouble and anxiety, the fine was paid
liable) was levied, and make the proportionate pay- to the successful suitor in private causes, and those
ment in the minor's name. With reference to the cases of phasis in which a private citizen was the
disposition of the property, two courses were open party immediately aggrieved. In public accu^a-
to the guardian to pursue, if the deceased had left tions, in general, a fine of a thousand drachmae,
no will, or no specific directions as to its manage- payable to the public treasury, or a complete or
ment, viz., to keep it in his own hands, and employ partial disfranchisement, supplied the place of the
it as he best could for the benefit of the minor (dtoi-
epobelia as a punishment for frivolous prosecutions.
xetv), or let it out to farm to the highest bidder (fiia- EPO'MIS (eiruplf). (Vid. TUNICA.)
6avv rbv OIKOV). In the former case, it seems proba- EPO'NYMOS ('ETrwvu/iOf, having or giving a
ble* that a constant control of the guardian's pro- name) was the surname of the first of the nine ar-
ceedings might be exercised by the archon and a chons at Athens, because his name, like that of the
;
special law or Jained that all money belonging to a consuls at Rome, was used in public records to
minor should be vested in mortgages, and upon no mark the year. (Vid. ARCHON.) The expression
account be lent out upon the more lucrative but vvnoL TUV rjXtKiuv, whose number is stated b>
10
hazardous security of bottomry. Suidas, the Etymologicum Magn., and other gram-
To ensure the performance of these duties, the marians, to have been forty, likewise applies to the
law permitted any free citizen to institute a public chief archon of Athens. Every Athenian had to
action, as, for instance, an apagoge or eisangelia, serve in the army from his 19th to his 60th year, i.
against a guardian who maltreated his
ward (KOKU- c., during the archonship of forty archons. Now, as
veur bpQavov), or a ypa^Tj sKtTpoTrrjf, for neglect or an army generally consisted of men from the age
of 18 to that of 60, the forty archons under whom
1. (Pseudo-Galen, Introduct., c. 4, p. 684, ed. Kiihn.) 2.
(Galen, Definit. Med., c. 14, p. 353.) 3. (Ibid.) they had been enlisted were called E-xuvvpot rut
4. (Pseudo-
erally called the ETTUVV/J.OI, or kiruvvfioi TUV Qvhuv, can be little doubt that the 300 celeres, whom
were honoured with statues, which stood in the Romulus kept about his person in peace and war, 8
8
Ceramicus, near the Tholos. If an Athenian citi- were the same as the three centuries of equites.
zen wished to make proposals for a new law, he ex- Dionysius,' who does not speak of the institution of
hibited them
for public inspection in front of these the equites, says that the celeres formed a body-
statues of the iiruvvfj.oi., whence the expression EK- guard of 300, divided into three centuries and ;
taken from a denarius of the that the Roman legion contained 300 horsemen,
following woodcut,
Crelian gens, of which a drawing is given by Span- and, after the union with the Sabines, 600.
1*
heim, represents on the reverse an Epulo preparing The complete organization of the equites Livy 1 *
a couch for Jupiter, according to custom, in the attributes to Servius Tullius. He says that this
Epulum Jovis. On it is inscribed L. C aid us VII. king formed (scripsit) 12 centuries of equites from
Vir Epul. the leading men of the state (ex primoribus civitatis) ;
and that he also made six centuries out of the three
established by Romulus. Thus there were now 18
centuries. As each of the 12 new centuries proba-
bly contained the same number as the six old cen-
turies, if the latter contained 1800 men, the former
would have contained 3600, and the whole number
would have been 5400.
The account, however, which Cicero 15 gives is
quite different. He attributes the complete organi-
zation of the equites to Tarquinius Priscus. He
agrees with Livy in saying that Tarquinius Priscus
1. (Ccmpare Demosth. ap. Harpocrat., s. v. 'Eirtavviiot, and increased the number of the Ramnes, Titienses, and
Better, Anecdota, p. 245.) 2. (Paus., iii., 11, $ 2.) 3. (De-
mosth., c. Macart., p. 1072.) 4. (Demosth., Epitaph., p. 1397,
Luceres, by adding new centuries under the name
tic. Faut., i., 5.) 5. (Paus., i., 5, 1. Suid. and Etymol.
<)
of Ramnes, Titienses, and Luceres secundi (not.
Magn., s. v. 'ETrcSvu/ioi.) 6. (^Eschin., c. Ctes., p. 59, ed. Steph.
Wolf, Proleg. ad Demosth., Leptin., p. 133.) 7. (47. Com- 1. (Dion Cass., liii., 1 Iviii., 12.
; Plin., I!p., x., 3. Vii
2. (Fesfns, *
pare Lys., 771.) -8. (Met., vi., 672.) 9. (Val. Max., ii., 1, $ 2. Walter, Geschichte des Rom. Rechts, p. 183.)
Liv., xxxi., 4.
Cell., 10. (Liv., xxxiii., 42.
xii., 8.) Cic., v. Varro, Ling. Lat., vi., 13. Miiller.) 3. (Ovid, Fast, *iu,
De Orat., iii., 19. De Ilarusp. Respons., 10. Festus, s. v. 859 : iii., 519.) 4. (Festus. s. T. Mart. Campus.) 5. (i- .3
Epulonos.) 11. (Cell., i., 12. Lucan, i., 602.) 12. (Orelli, 6. (Liv., i., 15.) 7. (ii.. 13.^ S. (H. N., xxxiii., 9.) 9 v . -.
Inscrip., No. 590, 773, 2259, 2260, 2365.)
13. (Dion Cass., 10. (Liv., i., 30.V-I1 ft., 36.) 12. (1. c.)-13. (Rftn., I
xliii., 51.) 14. (De PJHJS\. et Usu Namism., -ol. ii., p. 85.) 20.) 14. (i., 43.) 15. (De Rep., ii.. 20.)
414
EQUITES. EQUITES.
stating that this king also doubled their number in the 18 equestrian centuries of the Servian consti-
after the conquest of the ^Equi. Scipio, who is tution but, in course of time, we read of anothei
;
represented by Cicero as giving this account, also class of equites in Roman history, who did not re-
says that the arrangement of the equites which was ceive a horse from the state, and were not included
made by Tarquinius Priscus continued unchanged in the 18 centuries. This latter class is first men
to his day (B.C. 129). The account which Cicero tioned by Livy 1 in his account of the .siege of Veii,
gave of the equites in the constitution of Servius B.C. 403. He says that during the siege, when tha
Tullius is unfortunately lost, and the only words Romans had at one time suffered great disasters,
which remain are duodeviginti censu maxima ; but it all those citizens who had an equestrian fortune,
is difficult to conceive in what way he represented and no horse allotted to them (quibus census cquester
**:e division of the 18 centuries in the Servian con- erat, equi publici non erant), volunteered to serve with
stitution, after he had expressly said that the or- their own horses and he adds, that from this time
;
ganization of the body by Tarquinius Priscus had equites first began to serve with their own horses
continued unchanged to the time of Scipio. (turn primum equis merere equites caepcrunt). The
Cicero also differs from Livy respecting the num- state paid them (certus numerus ccris est assignatus)
ber of the equites. Scipio states, according to the as a kind of compensation for serving with their own
" De
reading adopted in all editions of the Republi- horses. The foot soldiers had received pay a few
3
ca," that Tarquinius Priscus increased the original years before and two years afterward, B.C. 401,
;
number of the equites to 1200, and that he subse- the pay of the equites was made threefold that of
quently doubled this number after the conquest of the infantry.*
the ^Equi, which account would make the whole From the year B.C. 403, there were therefore two
number 2400. The MS., however, has ooACCC, classes of Roman knights one who received horses :
which is interpreted to mean mille ac ducentos ; but, from the state, and are therefore frequently called
instead of this, Zumpt proposes to read ooDCCC, equites equo publico, 4 and sometimes Flexumines or
1
1800, justly remarking that such a use of ac never Trossuli, the latter of which, according to Gottling,
occurs in Cicero. This reading would make the is an Etruscan word ;* and another class, who serv-
number 3600, which Zumpt believes to have been ed, when they were required, with their own horses,
the regular number of the equites in the flourishing but were not classed among the 18 centuries. As
times of the Republic. It appears, however, impos- they served on horseback, they were called equites ;
sible to determine their exact number, though there and, when spoken of in opposition to cavalry, which
are strong reasons for believing that it was fixed, did not consist of Roman citizens, they were also
whether we suppose it to have been 5400, 3600, or called equites Romani ; but they had no legal claim
2400. to the name of equites, since in ancient times this
Both authors, however, agree in stating that each title was strictly confined to those who received
of the equites received a horse from the state (equus horses from the state, as Pliny 6 expressly says,
"
publicus), or money to purchase one, as well as a Equitum nomen subsistebat ii turmis equorum pub-
Bum of money for its annual support ;' and that the licorum."
expense of its support was defrayed by the orphans But here two questions arise. did the Why
nd unmarried females since, says Niebuhr,* " in equites, who belonged to the 18 centuries, receive a
;
a military state it could not be esteemed unjust that horse from the state, and the others not 1 and how
the women and the children were to contribute was a person admitted into each class respectively ?
largely for those who fought in behalf of them and These questions have occasioned much controversy
of the Commonwealth." According to Gaius, 3 the among modern writers, but the following account is
purchase-money for a knight's horse was called <zs perhaps the most satisfactory :
equestre, and its annual provision as hordearium. In the constitution of Servius Tullius, all the Ro-
(Vid. ^Es HORDEARIUM.) The former amounted, ac- man citizens were arranged in different classes ac-
4
cording to Livy, to 10,000 asses, and the latter to cording to the amount of their property, and it may
2000 but these sums art; so large as to be almost therefore fairly be presumed that a place in the cen-
:
incredible, especially when \ve take into account that turies of equites was determined by the same quali-
126 years afterward a sheep was only reckoned at fication. Dionysius 7 expressly says that the equiws
10, and an ox at 100 asses in the tables of penal- were chosen by Servius out of the richest and most
8
ties. The correctness of these numbers has ac- illustrious families and Cicero, 8 that they were of
;
9
cordingly been questioned by some modern writers, the highest census (censu maximo). Livy also
while others have attempted to account for the states that the twelve centuries formed by Servius
largeness of the sum. Niebuhr 6 remarks that the Tullius consisted of the leading men of the state.
sum was doubtless intended not only for the pur- None of these writers, however, mention the prop-
chase of the horse, but also for its equipment, which erty which was necessary to entitle a person to a
would be incomplete without a groom or slave, who place among the equites but it was probably of the ;
had to be bought and then to be mounted. Bockh 7 same amount as in the latter times of the Republic,
supposes that the sums of money in the Servian that is,, four times that of the first class. Every one,
census are not given in asses of a pound weight, but therefore, who possessed the requisite property, and
in the reduced asses of the first Punic war, when whose character was unblemished (for the latter
they were struck of the same weight as the sextans, qualification appears to have been always necessary
that is, two ounces, or one sixth of the original in the ancient times of the Republic), was admitted
weight. (Vid. As, p. 110.) Zumpt considers that among the equites of the Servian constitution and ;
1600 asses of the old weight were given for the pur- it may be presumed that the twelve new centuries
chase of the horse, and 200 for its annual provision were created in order to include all those persons in
;
and that the original sum has been retained in a the state who possessed the necessary qualifications.
10
passage of Varro (equum publicum mille assariorum*). Niebuhr, however, supposes that the qualification
1. (" Ueber die Riimischen Ritter und den Ritterstand in 1. (v.,7.) 2. (Liv., iv., 59.) 3. (Liv., v.. 12. Vid. Niebuh,,
Rom.," Berlin, 1840.) 2. (Hist, of Rome, i., p. 461.) 3. (iv., ii.,p. 439.) 4. (Cic., Phil., vi., 5.) 5. (Plin., H. N., xxxiii , 9
-~-1
17.) 4. (i., 4a) 5. (Aul. Cell., xi., 1.) 6. (i., p. 433.) 7. Festus, s. v. Gottlinpr, Gesch. dcr R<Sm. Staatsv., p. 372
(Metrolog. Untemch., c. 29.) 8. (De Ling. Lat., viii., 71, ed. (H. N., xxxiii.) 7. (iv., 18.) 8. (De Rep., ii., 22.) W (i..
Mailer.) 43.) 10 (Hist, of Rome, i., 427, <fcc.)
415
EQUlltft*. EQUITES.
of property was only necessary for admission into ship of P. Licinius Crassus, who was ceru.br whfc
the twelve new and that the statement o Julius Caesar. 1
centuries,
Diorysius, quoted above, ought to be confined to The next is the reverse of one of the coins ol
the.c.e centuries, and not applied to the whole eight- the Emperor Claudius, in which the
emperor is
een. lie maintains that the twelve centuries con- represented sitting, while a knight stands before
sisted exclusively of plebeians and that the six olc
; him leading his horse. The word censor is written
centuries, which were incorporated by Servius into underneath, which title we know, from Dion Gas-
his comitia, under the title of the sex suffragia, com- 2
sius, was assumed by some of the emperors.
prised all the patricians, independent of the amount
of property which they possessed. This account
however, does not seem to rest on sufficient evi-
dence and we have, on the contrary, an express
;
that they consisted of the leading men in the state but if, on the contrary, they considered him unwor-
thy of his rank, they struck him out of the list of
(primores civitatis), not in the commonalty.
As vacancies occurred in the eighteen centuries, knights, and deprived him of his horse, 4 or ordered
5
the descendants of those who were originally en- him to sell it, with the intention, no doubt, that the
rolled succeeded to their places, whether plebeians person
thus degraded should refund the money
or patricians, provided they had not dissipated their which had been advanced to him for its purchase.
6
of equites in the 18 centuries was limited, those This review of the equites by the censors must
not be confounded with the Equitum Transveclio,
persons whose ancestors had not been enrolled in
the centuries could not receive horses from the state, which was a solemn procession of the body every
and were therefore allowed the privilege of serving year on the Ides of Quintilis (July). The procession
with their own horses among the cavalry, instead of started from the Temple of Mars outside the city,
the infantry, as they would otherwise have been and passed through the city, over the Forum, and by
obliged to have done. Thus arose the two distinct the Temple of the Dioscuri. On this occasion the
classes of equites, which have been already men- quites were always crowned with olive chaplets,
tioned.
and wore their state dress, the trabea, with all the
distinctions which they had gained in
The inspection of the equites who received hor- lonourable 8 9
ses from the state belonged to the censors, who had jattle. According to Livy, this annual procession
the power of depriving an eques of his horse, and was first established by the censors Q. Fabius and
P. Decius, B.C. 304 10
2 but, according to Dionysius,
reducing him to the condition of an agrarian, and
;
each knight was summoned by name. Every one, who served with their own horses were only obliged
as bis name was called, walked past the censors, o serve for ten years (stipendia, arpaTeiof), under
leading his horse. This ceremony is represented on he age of 46," we may presume that the same rule
the reverse of some of the censorial coins which :xtended to those who served with the public hor-
have been published by Spanheim, 8 and which are ses, provided they wished to give up the service,
it is certain that in the ancient times of tho
copied in the annexed woodcuts. The first is a de-
narius of the Licinian gens, and is supposed by Republic
a knight might retain his horse as long as
he pleased, even after he had entered the senato,
Spanheim to have been struck during the censor-
1. (Fast. Capitol. Cic., Pro Arch., 6. Plin., II.N, xiiu, 5..
2. (liii., 18.) 3. (Val.Max.,iv.,l,$10.) 4. (Liv., xxxix..44
1 (Liv., iii.,
7 ? 2. (Liv., xxiv., 43.) 3. (Liv., xxxix., 44.) 5. (Liv., xxix., 37. Val. Max., ii., 9, $ 6.) 6. (Niebuhr, Hisi
-4 (Val. Max., ii., 9, fy 6 } 5. (De Freest, et Hsu
Numisra., f Rome, i.,p. 433.) 7. (Plut., Ponr.p., c. 22.) R (Diony*,,*
ol. ii., p.101, cd Verburg ',
3.) 9. (ix., 46.) 10 A c.) 11 (Polyb., vi., 19, $2.)
416
EQUITES. EQUITES.
prorided he continued able to discharge the du tamed
ties of a knight.
by the publican!, 1 or farmers of the public
Thus the two censors M. Liviu taxes. We
find that the
Salinator and C. Claudius Nero, in B.C. publicani were almost al-
204, were ways called equites, not because
also equites; 1 and L. any particular rank
Scipio Asiaticus, who wa was necessary in order to obtain from the
deprived of his horse by the censors in B.C. 185, state the
farming of the taxes, but because the state
had himsolf been censor in B.C. 191. This is also was not
accustomed to let them to any one who did
proved by a fragment in the fourth book* of Cicero's not
possess a considerable fortune. Thus the
1
De Republica,"in which he says, cquitatus, in publica-
quo ni are frequently spoken of by Cicero as identical
tuffragia sunt etiam scnatus ; by which he evidently with the
means that most of the senators were enabled to equestrian order. 9 (Vid. PUBLICANI ) The
vote at the Comitia Centuriata in consulship of Cicero, and the active part which the
consequence of knights then took in suppressing the
their belonging to the
equestrian centuries. But Oatilme, tended still farther to increase conspiracy of
the powei
during the later times of the Republic, the knights and influence of the
were obliged to give up their horses on equestrian order; and "from
entering the that time," says Pliny, 3 "it became a third
senate, and, consequently, ceased to body
belong to the (corpus) in the state, and to the title of
equestrian centuries. This regulation is alluded to Senates
in the fragment of Cicero fopulusque Romanus. there began to be added Et
already referred to, in Ordo."
which Scipio says that many persons were anxious Equestris
In B.C. 67, a distinction was
that a plebiscitu/u should be conferred upon
passed, ordaining that them which tended to
the public hor^-33 should be restored to separate them still farthei
the state, from the
which decree was, in all plebs. By the lex Roscia Othonis, passed
probability, passed after- n that year, the first fourteen seats in
ward since, ?j$ Niebuhr observes,* " when Cicero the theatre
;
behind the orchestra were
makes Sci'/ speak of any measure as given to the equites *
intended, which, according to Cicero 8 and Velleius Patercu-
we are to Mippose that it had
actually taken place, us, was only a restoration of an ancient
but, according to the information privi-
possessed by Ci- ege, which is alluded to
cero, was later than the date he by Livy 7 when he says
assigns to Scipio's hat special seats were set
discourse." That the greater number of the apart in the Circus Max-
equi- mus for the senators and equites.
tes equo publico, after the exclusion
of senators essed the right of
They also pos-
from the equestrian centuries, were wearing the clavus angustua
young men is md. CLAVUS, p. 265), and
proved by a passage in the work of Q. Cicero, De he subsequently obtained
Petitione Consulates* privilege of wearing a gold ring, which was
confined
The equestrian centuries, of which we have hith- ngmally to the equites equo
The number of equites increased publico.
erto been treating, were
only regarded as a division the early emperors, and all greatly under
the army persons were admitted
they did not form a distinct class or into the
;
were composed of both. But in the always been required by the censors un-
year B C 123 der the Republic. Property became now the
a new class, called the Ordo only
Equestris, was formed qualification and the order, in
m the state ly the lex
Sempronia, which was intro- ually began to lose all the
;
consequence grad-
consideration
duced by C. Gracchus.
By this law all the judices had acquired during the later times of thewhich it
had to be chosen from those citizens who Repub-
possessed lie. Thus Horace says, with no small
an equestrian fortune.' We
know very little re- contempt, degree 01
specting the provisions of this law but it appears ; " Si
from the lex Servilia quadringenlia sex septem milia desunt,
repetundarum, passed 18 years Plebs eris."*
afterward, that every person who was to be chose
judex was required to be above 30 and under 6 Augustus formed a select class of equites, COB.
years of age, to have either an equus stating of those equites who possessed the
publicus, or t property
be qualified by his fortune to )f a
senator, and the old requirement of free birth
possess one, and no
to be a senator. The number of judices who wer up to the grandfather. He permitted this class
required yearly was chosen from this class to wear the latus 9
and also allowed the
by the clavus,
7
prastor urbanus. tribunes of the plebs to be chosen from
them as
As the name of equites had been well as the senators, and
gave them the option at
originally ex
tended from those who possessed the the termination of their
public horses office, to remain in the sen-
to those who served with their
own horses, it now ate or return to the equestrian order. 10 This class
came to be applied to all those of knights was
persons who were distinguished by the special title
qualified by their fortunes to act as illustres (sometimes
judices, in which insignes and splendidi) equites
sense the word is Romani. 11
usually used by Cicero Pliny e
indeed, says that those persons who The formation of this distinct class tended
possessed the to
equestrian fortune, but did not serve as lower the others still more in
equites public estimation In
were only called judices, and that the the ninth year of the
name of equi- reign of Tiberius an attempt
tes was
always confined to the possessors of the was made to improve the order by requiring the old
equi publ.ci. This may have been the correct use qualifications of free birth up to the
the term but custom had and by strictly grandfather
;
long since given the forbidding any one to wear the gold
name of equites to the judices chosen in accord- ring unless he possessed this qualification
ance with the lex This
Sempronia. regulation, however, was of little avail, as the em-
After the reform of Sulla, which perors frequently admitted freedmen into the
entirely deprived eques-
the equestrian order of the tnan order." When private
right of being chosen as persons were no longer
idices, and the passing of the lex Aurelia (B.C. 70) appointed judices, the necessity for a distinct cllsa
which ordained that the J- w-u WiUJUlU.
judices should UCbe ^HUoCll
n the
community, like the equestrian order, ceased
f chosen
rom the senators, equites, and tribuni itirely and the gold ring came at
aerarii, the length to be
;
Serviln, ]825.)-8 (H Suet., Octav., 40. Dion Cass., liv, 30.) 11. (Tacit., Ann.,
fieri.,
fc., xaiiiij 7.) i , 4, with the note of
G o e Lipsius.) 12. (Pirn., 11. N., xxxiii., 8.)
417
EQUITES. EQUUS.
manumission, were allowed to wear it by specia or Sevir turmarum equitum Romanorum. From tlit
permission from the emperor, which appears to hav time that the equites bestowed the title of
principa
been usually granted, provided the patronus con juventutis upon Caius and Lucius Caesar, the grand-
sented. 1 sons of Augustus, 1 it became the custom to confer
Having thus traced the history of the equestrian this title, as well as that of Sevir, upon the proba-
order to its final extinction as a distinct class in the ble successor to the throne, when he first entered
community, we must now return to the equite; into public life and was presented with an equus
equo publico, who formed the 18 equestrian centu publicus.
3
ries. This class still existed during the latter years The practice of filling all the higher offices in the
of the Republic, but had entirely ceased to serve as state from these equites appears to have continued
horse-soldiers in the army. The cavalry of the as long as Rome was the centre of the government
Roman legions no longer consisted, as in the time and the residence of the emperor. They are men-
of Polybius, of Roman equites, but their place was tioned in the time of Severus 3 and of Caracalla,*
supplied by the cavalry of the allied states. It i and perhaps later. After the time of Diocletian,
evident that Caesar, in his Gallic wars, possessed no the equites became only a city guard, under the
Roman cavalry.
2
When he went to an interview command of the Praefectus Vigilum but they still ;
with Ariovistus, and was obliged to take cavalry retained, in the time of Valentinianus and Valens,
with him, we are told that he did not dare to trust
A.D. 364, the second rank in the city, and were
his safety to the Gallic cavalry, and therefore not subject to corporeal punishment. 5
mounted his legionary soldiers upon their horses. The preceding account of the equites has been
The Roman equites are, however, frequently men- principally taken from the essay of Zumpt already
tioned in the Gallic and civil wars, but never as referred to to which, and to the valuable work of ;
common soldiers they were officers attached to Marquardt, Historic Equitum Romanorum libri iv.,
;
the staff of the general, or commanded the cavalry Berlin, 1840, the reader is referred for a fuller ex-
of the allies, or sometimes the legions.* planation of those points which have been necessa-
After the year B.C. 50, there were no censors in rily treated with brevity in this article. Respecting
the state, and it would therefore follow that for the Magister Equitum, vid. DICTATOR, p. 361.
some years no review of the body took place, and EQUULEUS or ECULEUS was an instrument
that the vacancies were not filled up. When Au- of torture, which is supposed to have been so
gustus, however, took upon himself, in B.C. 29, called because it was in the form of a horse. We
the praefectura morum, he frequently reviewed the have no description of its form given by any of the
troops of equites, and restored, according to Sueto- ancient writers, but it appears not to have differed
5 6
nius, the long-neglected custom of the solemn greatly from the crux. It appears to have been
the studs of Corinth, however, were also remark- but were looked on with suspicion by the emperors
able for their excellence, and the breed was traced as leading to political combinations.* The gilds, or
back by the register-books to Pegasus. It was cus- fraternities for mutual aid, among the ancient Sax-
tomary to mark horses of this breed with a koppa ons, resembled the Ipavot of the Greeks.* Com-
on the shoulder, whence the term Konirariaf (sc. pare also the fyanal, or love-feasts of the early
iTTTTOf).* Christians.
ER'ANOI (Ipavoi) were clubs or societies estab- The word epavoe is often used metaphorically, to
lished for charitable or convivial purposes, or for signify any contributions or friendly advance of
both. They were very common at Athens, and money.
suited the temper of the people, who were both so- *EREBINTHUS (tyMivOoc), a sort of small pea
cial and generous. The term Ipavof, in the sense or vetch, Chickpea. " Of the three species or vari-
of a convivial party, is of ancient date.* It resem- eties of the pe6tvdof noticed by Dioscorides, the
bled our picnics, or the German pikeniks, and was only one that can be satisfactorily determined," ob-
also called detnvov uno airvpidof or UTTO ovfidoXuv : serves Adams, " is the xpiog, which is undoubtedly
where every guest brought his own dish, or (to save the deer arietanum."*
trouble) one was deputed to cater for the rest, and *ERE'TRIA TERRA
('Eperptuf 717), Eretrian
was afterward repaid by contributions. (Vid. DEIP- Earth, an impure argil, of a snow-white colour, ob-
NON.) Vhe clubs that were formed at Athens used tained near the city of Eretria, in Eubrea. 7
to dine together at stated periods, as once a month ;
ERGA'STULUM was a private prison attached
and every member was bound to pay his subscrip- to most Roman farms, called career rusticus by Ju-
9
tion, which (as well as the society itself) was called venal, where the slaves were made to work in
Ipavof, and the members Ipaviarai. If any member chains. It appears to have been usually under
failed to pay, the sum was made up by the president, ground, and, according to Columella,' ought to be
Ipavupxrjc, also called TrA^pwrfo ipdvov, who after- lighted by narrow windows, which should be too
ward recovered it, if he could, from the defaulter. high from the ground to be touched by the hand.
Tlhripovv epavov often means simply to pay the sub- The slaves confined in an ergastulum were also
scription, as faiTTtiv or e/c/lftTretv, to make default.*
10
employed to cultivate the fields in chains. Slaves
There were also associations under this name for who had displeased their masters were punished by
the purpose of mutual relief, resembling in some de- imprisonment in the ergastulum and in the same ;
gree our friendly or benefit societies ; but with this place all slaves who could not be depended upon, or
essential difference, that the relief which they af- were barbarous in their habits, were regularly kept.
forded was not (as it is with us) based upon any A trustworthy slave had the care of the ergastulum,
calculation of natural contingencies, but was given and was, therefore, called ergaslularius. 11 Accord-
1*
pro re nala, to such poor members as stood, in need ing to Plutarch, these prisons arose in consequence
of it. The Athenian societies do not appear to have of the conquest of Italy by the Romans, and the
kept up a common fund by regular subscriptions, great number of barbarous slaves who were em-
though it is probable that the sum which each mem- ployed to cultivate the conquered lands. In the
ber was expected to advance, in case of need, was time of Hadrian and Antoninus, many enactments
pretty well understood. If a man was reduced to were made to ameliorate the condition of slaves ;
poverty, or in distress for money from any cause, he and, among other salutary measures, Hadrian abol-
applied to the members of his club for assistance ished the ergastula, which must have been liable to
;
this was called avhAsyeiv Ipavov those who advan- great abuse in the hands of tyrannical masters. 1 '
:
ced it were said epavi&iv avru the relief was con- For farther information on the subject, vid. Brisso-
:
aideied as a loan, repayable by the borrower when nius, Antiq. Select., ii., 9. Lipsius, Elect., ii., 16.
in better circumstances. Isaeus 6 reckons among the Opera, vol. i., p. 317, &c. Gbttling, Gesch. der Rom
assets of a person, k% tpuvuv 6^/b?//ara eiaTreirpayfie- Staatsv., p. 135.
va, from which we may infer that each contributor *ERPCA (kp'iKri or epeiKTi), the Tree-heath, or
was entitled to recover the sum he had lent. For Erica arborca, mentioned by Theophrastus and Di-
1*
the recovery of such loans, and for the decision of oscorides.
other disputes, there were epaviica.1 6iicai, in which
1.
a summary and equitable kind of justice was ad- and (Vid. Salmas.,
De Usnris, c. 3. Obs. ad jus Alt. et Rom.,
Herald., Animadv. in Sal., referred to in Meier's Alt. Proc.,
ministered. Plato 6 disapproved of lawsuits in such p. 540.) 2. (Bockh, Publ. Econ. of Athens, i., p. 328, 329.) 3.
matters, and would not allow them in his Republic. (Thucyd., hi., 82. Demosth., De Coron., 329. Thirlwall, Gr.
Salmasius contends that, wherever the term Ipa- Hist., vol. iv., p. 36.) 4. (Plin., Ep., y., 93, 94.)^S. (Turner'i
cient symbolic representation of the god, a rude dele! supposes it a species or variety of Sole, name-
"
stone (apyog JU0of), continued to be looked upon ly, Pleuronectes solea
with particular reverence, even when sculpture had ESOPTRON (IffOTrrpov) (Vid. SPECULUM.)
attained the highest degree of perfection among the ESSEDA'RII. (Fid. ESSEDA.)
Greeks. 6 E'SSEDA or E'SSEDUM (from the Celtic Ess,
*ERU'CA, I. a species of Palmer or Cank- a carriage 8 ), the name of a chariot used, especially
9
er-worm, very injurious to trees, the leaves and in war, by the Britons, the Gauls, and Belgae, and
blossoms of which it eats completely off. This also by the Germans. 10
11
scourge of vegetation is produced, according to According to the account given by Cffisar, and
1*
Pliny, during a humid season, and one only moder- agreeably to the remarks of Diodorus Siculus, the
ately warm. 7 method of using the essedum in the ancient British
The herb Rocket, or Brassica Eruca, the
*II. army was very similar to the practice of the Greeks
same with the ev&uov of the Greeks. The seed in the heroic ages, as described by Homer, and in
were used by the ancients as a condiment in food, the article CURRUS, p. 332, 323. The principal dif-
and were employed in place of mustard in Iberia. ference seems to have been that the essedum was
They were also used as an aphrodisiac. Dioscori- stronger and more ponderous than the Sifpof that ;
des 8 and Fiiny 9 make mention of two kinds, the sa- it was open before instead of behind and that, in
;
timim and agreste, the latter being the wild kind. consequence of these circumstances and the width
Sibthorp found this plant at Athens, and also among of the pole, the owner was able, whenever he pleas-
the vineyards in the islands of the Archipelago. ed, to run along the pole (de temone Britanno exci-
The Greek name eflfayiov comes from ev, and w/z6f,
13
del ), and even to raise himself upon the yoke, and
" then to retreat with the greatest speed into the body
broth," indicating its being employed in seasoning
broth ; the Latin appellation is explained by Pliny, of the car, which he drove with extraordinary swift-
with reference to the pungent properties of Rocket, ness and skill. It appears, also, that these cars were
"
quod vellicando linguam quasi erodat." purposely made as noisy as possible, probably by the
*ERVUM, the Tare, or Ervum Ervilia, the same creaking and clanging of the wheels (strepitu rota-
with the Greek 5po6og. The ancient writers speak rum ; 14 Esseda muttisonora 1 *') and that this was
;
of two kinds, the sativum and sylvestre. Dioscori- done in order to strike dismay into the enemy. The
des 1 subdivides the former into the red and the white, formidable British warriors who drove these char-
from the colour of the flowers. Aristotle, Columel- iots, the '.'car-borne" of Ossian, were called in Latin
la,
u and Pliny 13 make mention of it as used to fatten essedarii. 16 There were about 4000 of them in the
17
cattle. The modern Greeks still call it p66i, applying army of Cassibelaunus. Having been captured,
this name to both the cultivated and the wild kind. 13 they were sometimes exhibited in the gladiatorial
*ERYNG'IUM (f/pvyyiov), the herb Eryngo, oth- shows at Rome, and seem to have been great fa-
erwise called Sea-holm or Sea-holly. " Eryngo," vourites with the people. 18 They must have held
" is
says Woodville, supposed to be the Tjpv-yyiov the highest rank in the armies of their own country;
of Dioscorides." 14 Sprengel, however, makes the and Tacitus 19 observes that the driver of the car
16
ypvyyiov of Theophrastus to be the Eryngium mari- ranked above his fighting companion, which was
timum, but Stackhouse prefers the Eryngium cam- the reverse of the Greek usage.
pestre. Sprengel, in his II. H. H., refers the fipvyy- The essedum was adopted for purposes of con-
80
IQV of Dioscorides to the Eryngium planum, but in venience and luxury among the Romans. Cicero* 1
his edition of Dioscorides he admits his uncertainty mentions the use of it on one occasion by the tribune
about the species. 16 of the people as a piece of extravagance but in ;
*ERYTHROD'ANUM (epvOpodavov). "It can the time of Seneca it seems to have been muck
admit of no doubt," observes Adams, " that the
17
tpv6p66avov of Dioscorides and Galen is the Rubia 1. (vi., 1; vii., 19, &c.) 2. (Adams, Append., s. v.) 3.
Paus., ix., 31, t> 3. Athen., xiii., p. 561.) 6 (Bell? Gall., iv., 33.) 19. (v., 21, 29.) - 13. (Juv., iv.. 125.)-
Erot., ix., 1. 15.
Tacit., 35.)
(Paus ix 27, Q 1. Compare Schol. ad Find., Olymp., vii., 154.) 14 (Caes., 1. c. Compare Agric., (Claud.,
Cic. ad Fam., vii., 6.)
-7. (H. N., xvii., 24.) 8. (ii., 170.)-9. (H. N., xx., 13.) 10. Epi^r., iv.) 16. (Cas., B. G., iv.,24.
11. (ii.. 11 ; vi , 3.) 12. (H. N., xxviii., 15.) 13. 17. (C*e., B. G., v., 19.) 18. (Sueton., Calig., 35. Claud,
(ii., 131.)
14. (iii., 21.) 15. (H. P., 19. (Agric., 12.) 20. (Propert., ii.. 1 , 76.) 81 (PhiL.
(Billerbeck, Flora Classic*, p. 188.) 26.)
16. (Adams, Append., s. v.) 17. (in. 150.) ii.,24.)
i., 1.)
420
EULAI. EUPATORIUM.
more common for he 1 reckons the sound of the
;
which it obtained among the naturalists of tac last
" essedse transcurrentes" among those noises which century, with whom it at last comprehended all an-
did not distract him. As used by the Romans, the imals with the exception of the Vertebrata, the In-
secta, and the Crustacea."
1
essedum may have differed from the cisium in this,
lhat the cisium was drawn by one horse (see wood- EUMOLPTDAI (Evftofaidai), the most distin-
cut, p. 257), the essedum always by a pair. The guished and venerable among the priestly families
ssscdum must have been similar to the COVINUS, in Attica. They were devoted to the service of
except that the latter had a cover. Demeter at Athens and Eleusis, and were said to
*EULAI (sv^ai), Worms. This term is used by be the descendants of the Thracian bard Eumolpus,
the Greek writers on Natural History in much the who, according to some legends, had introduced
name sense, and with the same latitude, as the the Eleusinian mysteries into Attica.* The high-
Latin term Vermes is applied by Cuvier and our priest of the Eleusinian goddess (iepottxivTric or fiva
" The names of
late naturalists. worms, aKutyt;, raywyof), who conducted the celebration of her
e&Uu, ttyivf, in Greek, and Vermes in Latin, were mysteries and the initiation of the mysiae, was al-
employed by the ancients," observes Griffith, "to ways a member of the family of the Eumolpidse, as
designate certain animals which to a certain degree Eumolpus himself was believed to have been the
they suited, with much more reference, however, to first hierophant. 3 In his external appearance the
their elongated form of body than to the softness hierophant was distinguished by a peculiar cut of
of their composition. But, as we have just seen, his hair, a kind of diadem (arp6<j>iov), and a long
4 In his voice he seems always to
the Greeks had three words for these beings, each purple robe.
of which had its peculiar signification. From what have affected a solemn tone suited to the sacred
Aristotle tells us of his anu^S; (a word, the root of character of his office, which he held for life, and
which is undoubtedly tr/co^tof, tortuous'), it is ev-
'
which obliged him to remain unmarried. 5 The hi-
ident that it applied to all the animals which exhib- erophant was attended by four eTrtjueAj/rat, one of
ited the form of the common worm, or rather, per- whom likewise belonged to the family of the Eu-
haps, whose movements were tortuous, whatever molpidas.' Other members of their family do not
might be the nature of the change which they were seem to have had any particular functions at the
subsequently to undergo. It would seem, however, Eleusinia, though they undoubtedly took part in the
that it was more especially applied to the first de- great procession to Eleusis. The Eumolpidae had
gree of development in insects, to the state in on certain occasions to offer up prayers for the wel-
which they appear on issuing from the egg of the fare of the state, and in case of neglect they might
parent. Aristotle certainly extends its application be taken to account and punished ;
for they were,
no farther than to insects. Such, however, is not like all other priests and magistrates, responsible
the case with ^Elian. In two places of his work on for their conduct, and for the sacred treasures in-
the nature of animals, where this expression oc- trusted to their care. 7 (Compare EUTHYNE.)
curs, he evidently intends the lumbrici, or intesti- The Eumolpidae had also judicial power in cases
nal worms in a third, it is probable that he alludes
;
where religion was violated (mpi uaedeia^). This
to the caterpillar of the cabbage-butterfly and in
; power probably belonged to this family from the
a fourth, he thus designates, after Ctesias, some fab- and Solon as well as Pericles do not
earliest times,
ulous animal, although he states it to belong to the seem to have made any alteration in this respect.
genus of those which are nourished and engendered Whether the religious court acted independent of
in wood. The term evAat appears to have been the archon king, or under his guidance, is un-
also employed to designate the form under which certain. The law, according to which they pro-
some insects exist for a greater or less period of nounced their sentence, and of which they had the
time, since we find it applied to animals which in- exclusive possession, was not written, but handed
habit putrid flesh, and also wounds and ulcers. Its down by tradition ; and the Eumolpidae alone had
extension, therefore, was not very great. ./Elian the right to interpret it, whence they are sometimes
likewise employs it to designate what, in all proba- called i!-riyi)Tai. (Vid. EXEOETAI.) In cases for
bility, was a larva, when he tells us that in India the which the law had made no provisions, they acted
according to their own discretion.
9
peasants remove the land-tortoises from their shell Respecting the
with a mattock, in the same manner as they re- mode of proceeding in these religious courts, no-
move the worms from plants which are infested thing is known.
10
In some cases, when a person
by them. Finally, the word Sfyuvf, which is fre- was convicted of gross violation of the public ins -
quently used by Hippocrates in many of his works, tutions of his country, the people, besides sending
and, among others, in his General Treatise on Dis- the offender into exile, added a clause in their ver-
eases, was applied by him to those animals which dict that a curse should be pronounced upon him by
are at present known under the denomination of the Eumolpidae. 11 But the Eumolpidae could pro-
intestinal worms, of which he was acquainted with nounce such a curse only at the command of the peo-
but a small number of species. Aristotle has em- ple, and might afterward be compelled by the peo-
ployed it in the same manner, as well as ^Elian, eve- ple to revoke it, and purify the person whom they had
ry time that he speaks of the substances which are cursed before. 1 "
used to rid dogs of the worms to which they are *EUPATO'RIUM (evnarupiov
1
'), a plant, the
subject. The Latin authors, and Pliny among the same with the Agrimony, or Agrimonia Eupatorium.
rest, appear to have restricted the word lumbricus Another name is Liverwort, from its being used in
to the intestinal worms, and to have rendered the complaints of the liver, and hence we find it called
three Greek denominations by a single one, that of in Oribasius jjiraropiov. The name of Eupatorium
Vermes, ft ?m which it has happened that the mod-
erns hE^e been led to the same confusion by the
word worms, which, as well as the French word
wrs, is evidently derived from the Latin. All the
oth^r animals, which they comprehended under the
name of Exsanguia, meaning by that term that they
had not red blood, were divided into the three class-
es of Insecta, Mollusca, and Zoophyta. The term
Vermes did not then possess that undue extension
1. (Epist., 57.)
EUPATRID.E. EUTH1 NE.
was given it, according to some of the ancient but his attempts to remedy the evil were m^re cal-
writers, from 'that of Mithradates Eupator, who dis- culated to intimidate the people than to satisfy
covered the medicinal properties of this plant. 1 It them, and could, consequently, not have any lasting
is more probable, however, that it was so called results. The disturbances which, some years aftei.
from the city of Eupatoria, near the river Amisus, arose from the attempt of Cylon, one of the Eupatri
in Pontus, where it grew abundantly. Pliny says, dae, who tried to overthrow the aristocratical gov
that its seed, taken in wine, formed an excellent rnment and establish himself as tyrant, at length
remedy for dysentery. The islanders of Zante led to the legislation of Solon, by which the political
call it <j>ov6^opTov, and the Turks Cojun oti. Sib- power and influence of the Eupatridae as an order
thorp found it in the Peloponnesus, and also around was broken, and property instead of birth was ma;lo
Byzantium, and along the road between Smyrna the standard of political rights. 1 But as Solon, like
and Brusa.* all ancient legislators, abstained from
abolishing any
EUPATR'ID^E (Evirarpidai, descended from no- of the religious institutions, those families of the Eu-
ble ancestors) is the name by which, in early times, patridae in which certain priestly offices and func-
the nobility of Attica was designated. the Who tions were hereditary, retained these distinctions
Eupatridae originally were has been the subject of down to a very late period of Grecian history.
8
much dispute ; but the opinion now almost univer- 'EUPHORB'IUM (ev<t>6p6iov), a plant belonging to
sally adopted is, that they were the noble Ionic or the genus Euphorbia, or Spurge. It grows wild in
Hellenic families who, at the time of the Ionian mi- Africa, and is said to have been discovered by King
gration, settled in Attica, and there exercised the Juba, 3
who gave it the name of Euphorbia in hon-
power and influence of an aristocracy of warriors our of his physician Euphorbus, brother to Antoni-
and conquerors, possessing the best parts of the us Musa, the medical attendant of Augustus.* This
land, and commanding the services of a numerous prince also wrote a treatise on the virtues of the
class of dependants. 3 The chiefs who are mention- plant, which was in existence in Pliny's days.*
ed as kings of the several Attic towns, before the The Euphorbium was discovered by him near Mount
organization of the country ascribed to Theseus, Atlas. Its stem, according to Pliny,' was straight
belonged to the highest or ruling class of the Eu- like a thyrsus, and its leaves resembled those c*
patridae ; and when Theseus made Athens the seat the acanthus. Its odour was so powerful, that they
of government for the whole country, it must have who collected the juice were compelled to stand at
been chiefly these nobles of the highest rank that a distance. An incision was made into the stem by
left their former residences and migrated to Athens, means of a pole tipped with iron, and the juice
where, after Theseus had given up his royal prerog- which exuded was caught in a goatskin. Thia
atives and divided them among the nobles, they oc- juice became, on exposure to the air, a gum-resin
cupied a station similar to that which they had pre- resembling frankincense. Pliny speaks of it as a
viously held in their several districts of Attica. Oth- remedy against the bite of serpents. The name of
er Eupatridae, however, who either were not of the this resin was also Euphorbium. " It is state! in
highest rank, or were less desirous to exercise any the Edinburgh Dispensatory," remarks Adams, "that
direct influence upon the government, remained in the Euphorbium is got from the species called ?*-
their former places of residence.* In the division phorbia anliquorum ; but Sprengel prefers the Eu-
of the inhabitants of Attica into three classes, which phorbia maritima.'"'' Sibthorp informs us that the
is ascribed to Theseus, the Eupatridae were the first Greek fishermen, at the present day, use the 1 u-
4
class, and thus formed a compact order of nobles, phorbia Characias (called by them 0A6/zoc) to pois m
united by their interests, rights, and privileges. The the fish, but that, when caught by these moai s,
first, or, at least, the most ambitious among them, they become putrid a short time after they are
undoubtedly resided at Athens, where they enjoyed taken.*
nearly the same privileges as they had before the EURI'PUS. (Vid. AMPHITHEATRCM, p. 53.)
union in the separate townships of Attica. They EUTHYDIC'IA (evOvtiiKia). (Vid. DICE, p. 359.)
were in the exclusive possession of all the civil and EUTHY'NE (eveiivri). All public officers at Ath-
9
religious offices in the state, ordered the affairs of ens, especially generals, ambassadors, the archoris
religion, and interpreted the laws, human and di- and their assessors, the difetetae, priests and priest-
vine.* The king was thus only the first among his esses, 10 the secretaries of the state, 11 the superin-
equals, only distinguished from them by the duration tendents of public buildings, the trierarchs, and
of his office 7 and the four kings of the phylae (0v/lo- even the senate of the Five Hundred and the mem-
;
6acri,\etf), who were chosen from the Eupatridae, bers of the Areiopagus, were accountable for their
were more his colleagues than his counsellors. 8 conduct, and the manner in which they acquitted
The kingly power was in a state of great weakness themselves of their official duties. The judges in
;
and while the overbearing influence of the nobles, the popular courts seem to have been the only au-
on the one hand, naturally tended gradually to abol- thorities who were not responsible, 1 * for they were
ish it altogether, and to establish a purely aristo- themselves the representatives of the people, and
cratical government in its stead,' it produced, on would, therefore, in theory, have been responsible
the other hand, effects which threatened its own to themselves. This account, which officers had
existence, and at last led to the entire overthrow to give after the time of their office was over, was
of the hereditary aristocracy as an order for the : called evdvvrj, and the officers subject to it, vKtvQv-
commonalty, which had likewise gained in strength voi. Every public officer had to render his account
by the union of all the Attic townships, soon began to within thirty days after the expiration of his office l * ;
feel the oppression of the aristocracy, which in At- and as long asthis duty was not fulfilled, the whole
tica produced nearly the same effects as that of the property of the ex-officer was in bondage to the
patricians at Rome. The legislation of Draco seems
to have arisen out of the growing discontent of the 8.-
1. (Aristot., Polit., ii., 9. Dionys. Hal., Ant. Rom., ii ,
l
commonalty with the oppressive rule of the nobles ; JElian, V. H., v., 13.) (Wachsmuth, Hellen. Alterth., i., 1,
2.
ii., p. 8 ) 5. (Plut., Thes., 25.) 6. (Muller, Dor., ii., 2, <) 15.) Fals. Legf.) 10. (^Eschin., c. Ctes., p. 56, ed. Steph.) 11. (Ly-
7. (Schornann, Do Comit., p. 4, transl.) 8. (Pollux, viii., ias, Nicom.)
c. 12. (Aristoph., Vesp., 546. Iludtwalcker,
111.) 9. (Hermann, Pol. Ant. f Greece, t> 102.) 10. (Thirl- "Von den Diaetet.," p. 32.) 13. (llarpocrat., Suid. et Phot
422
EUTHYNE EVOCATI.
frontiers of Attica, to consecrate any part of his It can scarcely be doubted that the ef&. voi took at
property as a donarium to the gods, to make his active part in the trials of the Tioyuarfipiov but :
will, or to pass from one family into another by whether they acted only as the assessors of the ^o-
adoption no public honours or rewards, and no
; yiarai, or whether they, as Pollux states, exacted
new office could be given to him.* If within the the embezzled sums and fines instead of the prac-
stated period an officer did not send in his account, tores, is uncertain. The number of the evSvvoi, as
ar action called ahoyiov or (iAoyt'af 6inr] was brought well as that of the ^oytarai, was ten, one being
against him.
1
At the time when an officer submit- taken from every tribe. 9 The toyiarai were ap-
ted to the ei6vvrj, any citizen had the right to come pointed by the senate, and chosen by lot whether ;
forward and impeach him. Those who, after hav the evOvvoi were likewise chosen by lot is uncer-
ing refused to submit to the evOvvrj, also disobeyed tain, for Photius uses an expression derived from
3
the summons to defend themselves before a court Khrjpoc (lot), while Pollux states that the evbvvoi
of justice, thereby forfeited their rights as citi- (jrpoGaipovvTai, sctl. roif ?kOytoTa?f),weie like the as-
zens.* sessors of the archons ; the latter account, howev-
It will appear from the list of officers subject to er,seems to be more consistent and more probable.
the euthyne, that it was not confined to those whose Every evdvvof had two assessors (irupedpoi).*
office was connected with the administration of the The first traces of this truly democratic institu-
public money, or any part of it but in many cases
; tion are generally found in the establishment of the
it was only an inquiry into the manner in which a archonship (upxh farctOwof) instead of the kingly
person had behaved himself in the discharge of his power, by the Attic nobles.* It was from this state
official duties. In the former case the scrutiny was of dependance of the first magistrates upon the or
conducted with great strictness, as the state had der of the nobles that, in the course of time, the
various means to check and control the proceed- regular euthyne arose. Similar institutions were
ings of its officers in the latter, the euthyne may
; established in several other republics of Greece.*
in many instances have been no more than a per- EUTHYNOI (EvOvvoi). (Vid. EUTHYNE )
sonal attendance of the ex-officer before the repre- EVPCTIO. If the purchaser of a thing was by
sentatives of the people, to see whether any charge legal means deprived of it (evicted), the seller was
was brought against him. When no accuser ap- bound to make good the loss (evictionem prastare).
peared, the officer was honourably dismissed (ETTI- If the seller knew that he was selling what was
arifiaiveodai*). After an officer had gone through not his own, this was a case of dolus, and he waa
the euthyne, he became avsvOwoz .' bound, in case of eviction, to make good to the pur-
The officers before whom the accounts were chaser and damage that he sustained. If
all loss
the same officers who were formerly called evdvvoi. tice of the adverse claim (litem denunciare), and to
But from the manner in which the Greek orators pray his aid in defence of the action. The stipulatio
speak of them, it can scarcely be doubted that their duplae was usual among the Romans and, in such ;
functions were distinct. From the authorities re- case, if the purchaser was evicted from the whole
ferred to by Bockh, 9 it seems, moreover, clear that thing, he might, by virtue of his agreement, demand
t'ue office of the Aoytorat, though closely connected from the seller double its value. 7
with that of the evdvvoi, was of greater extent than EVOCA'TI were soldiers in the Roman army
that of the latter, who appear rather to have been who had served out their time and obtained their
the assessors of the former than a totally distinct discharge (missio), but had voluntarily enlisted again
class of officers, as will be seen hereafter. All ac- at the invitation of the consul or other commander.'
counts of those officers who had anything to do There appears always to have been a considerable
with the public money were, after the expiration of number of evocati in every army of importance ;
their office, first sent in to the Xo-yiarai, who exam- and when the general was a favourite among the
ined them and if any difficulty or incorrectness
; soldiers, the number of veterans who joined his
was discovered, or if charges were brought against standard would of course be increased. The evo-
an ex-officer within the period of 30 days, the far- cati were doubtless released, like the vexillarii, from
ther inquiry devolved upon the evdvvoi, before whom the common military duties of fortifying the camp,
9
the officer was obliged to appear and plead his making roads, &c., and held a higher rank in the
cause. 10 If the evBvvoi found that the accounts were army than the common legionary soldiers. They
unsatisfactory, that the officer had embezzled part are sometimes spoken of in conjunction with the
10
of the public money, that he had accepted bribes, equites Romani, and sometimes classed with the
or that charges brought against him were well centurions. 11 They appear to have been frequently
founded, they referred the case to a court of justice, promoted to the rank of centurions. Thus Pompey
for which the ^.oyiarai appointed the judges by lot, induced a great many of the veterans who had
and in this court their herald proclaimed the question served under him in former years, to join his stand-
who would come forward as accuser. 11 The place ard at the breaking out of the civil war, by the
vhcre the court was held was the same as that to promise of rewards and the command of centuries
which ex-officers sent their accounts to be exam- 1
(ordinum *'). All the evocati could not, however,
have held the rank of centurions, as we read of two
(JSach., c. Ctes., p. 56, Steph.) 2. (^Eschin et Demosth.,
1.
D Coron., mci i Tim., 747.) 3. (Pollux, viii., M. Ilesych., 1. (Andocid., De Myst., p. 37. Lys., c. Polystrat., p. 672.)
Buiil., Etync.Mag s. v. 'AXoyiot; SlKij.) 4. (Demosth., c. Moid.,
,
2. (Phot., s. v. Ei)0ucof. Harpocrat., s. v. AoyiffTc/.) 3. (viii.,
p. 512.) i ;Dex:th., De Coron., 310.) 6. (Pollux, Onom., 99.) 4. (Bdckh, Staatsh.,Tittmann, Gnech. Staatsverf.,
1. c.
nn., 54 ) 7. (Ari/cot., Polit., vi., 5, p. 213, ed. Guttling.) 8. p. 323, &c. Hermann, Greece, 154. Scho.
Polit. Antiq. of <>
(Etymol. Magn.et Phot., s. v. EvOvvot.) 9. (Staatsh., i., p. 205, mann, Antiq. Jur. Publ. Grace., p. 239, Ac.) 5. (Paus., IT., 5,
Ac. Compare ii., p. 201, and in the Rhein. Mus., 1827, vol. i., 4.) 6. (Aristot., Polit., vi., 5. Wachsmuth., Hellen. AHeith.,
a. 72, &c.)-10. (Hermann, Polit. Antiq. ofGreece, 154, 8.)
t> I., i., p. 192.) 7. (Dig. 21, tit. 2.) 8. (Dion., xlv., 12.19,
Ji. (^schin., c. Ctes., p. 57, Steph. Etymol. Magu., s. v. E6- (Tacit , Ann., i.,36.) 10. (Css., Bell. Gall., vii.,65.) 11. (Os.
0iw;. bekker, Anecdot., p. 215. 6.) Bell. Civ., i., 17.) f2. (Css., Bell. Civ , i.. 3.)
423
EXAIRESEOS DIKE. EXEGETA1.
thousand on one eccasion, 1 and of their belonging in his hands. This is remarkable on two accounts'
to certain cohorts in the army. Cicero speaks of a first (as Meier observes), because it seems to prore
Prtzfectus Evocatorum.* that one not the owner of the slave could bring the
The name of Evocati was also given to a select cf he had an interest in the matter sec-
ditci), if ;
body of young men of the equestrian order, who ondly, because it was optional with a man to give
were appointed by Domitian to guard his bedcham- up his slave to the torture or not, the refusal being
ber.' This body is supposed by some writers to only matter of observation to the jury and, there- ;
have existed under the succeeding emperors, and fore, it appears strange that any one should have
to have been the same as those called Evocati Au- recourse to a measure, the result of which (if suc-
gusti* cessful) would be to deprive him of his property.
ESAPflrHS AIKH (tfayoT-jfo J/KJ/), a suit of a EXAUCTORA'TIO. (Vid. MISSIO.)
public nature, v/hich might be instituted against one EXAUGURA'TIO is the act of changing a sa
who, assuming to act as the protector (nvpiof ) of an cred thing into a profane one, or of taking away
Athenian woman, married her to a foreigner in a from it the sacred character which it had received
foreign land. This was contrary to law, intermar- by inauguratio, consecratio, or dedicatio. That
riage with aliens being (as a general rule) prohibit- such an act was performed by the augurs, and nev-
ed. In the speech of Demosthenes against Timoc- er without consulting the pleasure of the gods by
6
augurium, is implied in the name itself.
1
rates, the latter is charged with having sold his Temples,
sister to a Corcyrean, on pretence of giving her in chapels, and other consecrated places, as well as
6
marriage. priests, were considered as belonging to the gods.
E3A.IPE2EQS AIKH (kfciptoeoc iinn). This No consecrated place whatever could be employed
was an action brought to recover damages for the for any profane purpose, or dedicated to any other
attempt to deprive the plaintiff of his slave not ; divinity than that to which it originally belonged,
where the defendant claimed a property in the without being previously exaugurated and priests ;
slave, but where he asserted him to be a freeman. could not give up their sacred functions, or (in case
As the condition of slavery at Athens incapacitated they were obliged to live in celibacy) enter into
a man to take any legal step in his own person, if a matrimony, without first undergoing the process of
3
reputed slave wished to recover his rights as a free- exauguratio.
man, he could only do it by the assistance of one EXCE'PTIO. (Vid. ACTIO, p. 16.)
who was himself a freeman. He then put himself EXCU'BLE. (Vid. CASTRA, p. 220.)
under the protection of such a person, who was said EXCUBITO'RES, which properly means watch
el-aipeiadcu or aipaipetaOai avrov f cTicvdepiav, in men or sentinels of any kind, 3 was the name more
libertatem vindicare. If the master sought to re- particularly given to the soldiers of the cuhort who
4
claim him, he proceeded to take manual posses- guarded the palace of the Roman emperor. Their
sion, ayeiv avrov els dovfaiav. runaway slave A commanding officer was called tribunus exculritor.'
might at any time be seized by his master, either in When the emperor went to an entertainment at the
the open street or elsewhere, except in a sanctuary. house of another person, the excubitores appear to
If the friend or person who harboured the slave have accompanied him, and to have kept guard at
meant to contest the master's right, the proper in his own
palace.'
course was to go with him before the magistrate, EXEDR^E. (Vid. GYMNASIUM, HOUSE.)
and give security for the value of the slave and EXEGE'TAI (k&ftirrai, interpreters; on this and
costs, in case a court of law should decide against other meanings of the word, vid. Ruhnken, cud Tinun
him. The magistrate who took cognizance of the Glossar., p. 109, &c.) is the name of the Eumolpi-
cause was the archon, where a man claimed to be das, by which they were designated as the interpret-
a citizen the polemarch, where he claimed to be
;
ers of the laws relating to religion and of the sacred
7
an alien freeman. It was the duty of the archon or rites. (Vid. EUMOLPIDAI. ) They were thus, at
polemarch to set the man at liberty pendente lite. Athens, the only class of persons who in some
In the suit that followed, the plaintiff had to prove measure resembled the Roman jurists but the ;
his title to the ownership of the slave, and, if suc- laws, of which the eSirj-yr/Tai were the interpreters,
cessful, obtained such compensation as the jury were not written, but handed down by tradition.
chose to award this being a Tifxijrog ayuv, and half
;
Plutarch 8 applies the term to the whole order of th*
of the rifiri/Lta, being given to the state. 7 A verdict Eupatridae, though, properly speaking, it belonged
for the plaintiff drew with it, as a necessary conse- only to certain members of their order, i. e thft ,
quence, the adjudication of the ownership, and he Eumolpidce. The Etymologicum Magn.,* in ac-
would be entitled to take possession of his slave cordance with the etymological meaning of the
immediately if, however, the slave had escaped in
: word, states that it was applied to any interpretei
the mean time, and evidence of such fact were pro- of laws, whether sacred or profane but we know ;
duced, the jury would probably take that into con- that at Athens the name was principally applied to
sideration in estimating the damages. three members of the family of the Eumolpidse, 11
If the friend, in resisting the capture of the slave, whose province it was to interpret the religious
had used actual violence, he was subject to a di/tr) and ceremonial laws, the signs in the heavens, and
piaiuv. And if the soi-disant master had failed in the oracles whence Cicero" calls them rdigionum
;
ia
the 'e!-. ditcj], the injured party might maintain an interprets. They had also to perform the public
action against him for the attempted seizure. 8 and private expiatory sacrifices, and were never ap-
In a speech of Isocrates, 9 the defendant, a bank- pointed without the sanction of the Delphic oracle,
er, from whom it is sought to recover a deposite, is whence they were called IlvOoxpr/aToi. 13
charged with having asserted the freedom of his The name e&yriTJic was also applied to those per-
own slave, in order to prevent his being examined sons who served as guides (cicerone) to the visitera
by torture respecting the sum of money deposited
1. (Liv., i., 55; v., 54. Dionys Hr.l., Antiq. Rom., iii ,p.202,
ed. Sylburg. Cato ap. Fest., e. v. Nequitium.) 2. (Gellius. vi.,
1. (Ib., iii., 88.) 2. (ad Fam., ii:., 6, $ 5. Compare Cic. ad 7, 4. Jul. Capitol., M. Anton. Philos., c. 4.) 3. (Cms., Bell.
ginus, De Lim., p. 209. Orelli, Inscrip., No. 3495, 153.) 5. fp. lloO.) 8. (Thes., 25.) 9. (s. v.) 10. (Suidas, s. v.) 11. (D
763.) 6. (Meier, Att. Proc., p. 350.) 7. (Demosth., c, Theoor., Leg-., ii., 27.) 12. (Compare Pollux, Onom., viii., 124 and 188
1328.) 8. (Lys., c. Panel., 734, &c., with Reiske's note. De- Plato, Euthyphr., p. 4, D.) 13. (Timams, Glossar, v. 'Er.-
" De Bonis Damnat
mosth., c. Neaer., 1358. Harpocr.. s. v. 'Elatpiaews and *A.yu. i'l Compare Meier, ," p. 7. M'iller tl
Meier, Att. Proc., p. 304.) 9. (Trapez., 361.) chy}., EumeiL, p. 162, &<x)
424
EXHIBENDUM. EXODIA.
In tne most remarkable towns and places of Greece, periundi sit ccpia." This was a personal action,
who showed to strangers the curiosities of a place, and he had the right of action who intended to bring
and explained to them its history and antiquities. 1 an actio in /em. The actio ad exhibendum wa
Respecting the k^yrtrnq of the laws of Lycurgus against a person who was in possession of the thing
at Sparta, see Miiller, Dor., iii., 11, 2. in question, or had fraudulently parted with the
EXENGYASTHAI (kfryrvaaQcu). (FiW.ENOYE.) possession of it and the object was the production ;
EXERCITO'RIA ACTIO was an action granted of the thing for the purpose of its being examined
by the edict against the exercitor navis. By the by the plaintiff. The thing, which was, of course, a
term navis was understood- any vessel, whether movable thing, was to be produced at the place
used for the navigation of rivers, lakes, or thn sea. where it was at the commencement of the legal
The exercitor navis is the person to whom all the proceedings respecting it ;
but it was to be taken
ship's gains and earnings (obvenliones et reditus) be- to the place where the action was tried at the cost
long, whether he is the owner, or has hired the ship and expense of the plaintiff.
from the owner for a time definite or indefinite. The action was extended to other cases for in :
The magister navis is he who has the care and stance, to cases when a man claimed the privilege
management of the ship, and was appointed (prce- of taking his property off another person's land,
positus) by the exercitor. The exercitor was bound that other person not being legally bound to restore
generally by the contracts of the magister, who was the thing, though bound by this action to allow the
his agent, but with this limitation, that the contract owner to take it and to some cases where a man ;
of the magister must be with reference to farther- had in his possession something in which his own
ing the object for which he was appointed as, for and the plaintiff's property were united, as a jewel
;
instance, if he purchased things useful for the nav- set in the defendant's gold, in which case there
igation of the ship, or entered into a contract or might be an actio ad exhibendum for the purpose
incurred expense for the ship's repairs, the exerci- of separating the things.
tor was bound by such contract the terms of the
: If the thing was not produced when it ought to
master's appointment (prapositio) accordingly de- have been, the plaintiff might have damages for loss
termine the rights of third parties against the exer- caused by such non-production. This action would
oitor. If the magister, being appointed to manage lie to produce a slave in order that he might be put
the ship, and to use it for a particular purpose, used to the torture to discover his confederates.
it for a different purpose, his employer was not The ground of the right to the production ol a
bound by the contract. If there were several ma- thing was either property in the thing or some inter-
gistri, with undivided powers, a contract with one est and it was the business of the judex to declare
;
was the same as a contract with all. If there were whether there was sufficient reason (justa etproba-
several exercitores, who appointed a magister either lilis causa) for production. The word "interest"
out of their own number or not, they were several- was obviously a word of doubtful import. Accord-
ly answerable for the contracts of the magister. ingly, it was a question if a man could bring thii
The contracting party might have his action either action for the production of his adversary's ac
against the exercitor or the magister, so long as the counts, though it was a general rule of law that all
magister continued to be such. persons might have this action who had an interest
A party might have an action exidelicto against in the thing to be produced (quorum interest) but ;
an exercitor in respect of the act either of the ma- the opinion as given in the Digest 1 is not favour-
gister or the sailors, but not on the contract of the able to the production on the mere ground of iti
sailors. If the magister substituted a person in his being for the plaintiff's advantage. A man might
place, though he was forbidden to do so, the exer- have this actio though he had no vindicatio as, ;
citor would still be bound by any proper contract for instance, if he had a legacy given to him of
of such person. such a slave as Titius might choose, he had a right
The term Nauta properly applies to all persons to the production of the testator's slaves in order
who are engaged in navigating a ship but in the that Titius might make the choice when the choice
; ;
Praetor's Edict* the term Nauta means Exercitor was made, then the plaintiff might claim the slave
(qui navcm exercet). as his property, though he had no power to make
(Dig. 14, tit. 1. Peckius, in Titt. Dig. et Cod. the choice. If a man wished to assert the freedom
ad, Rem Nauticam pertinentes Comment. Abbott on of a slave (in libertatem vindicare), he might have
Shipping, Index, Exercitor Navis.) this action.
EXE'RCITUS. ARMY.)
(Fid. This action was, as it appears, generally in aid
EXETASTAI ('Eferadra/) were commissioners of another action, and for the purpose of obtaining
ent out by the Athenian people to ascertain wheth- evidence in which respect it bears some resem-;
er there were as many mercenaries as the generals blance to a Bill of Discovery in Equity.
reported. It appears to have been no uncommon (Miihlenbruch, Doctrina Pandcctarum. Dig. 10,
plan for the commanders, who received pay for tit. 4.)
troops, to report a greater number than they pos- EXITE'RIA (Itirfipta) or EPEXOD'IA (kns^t.a\
sessed, in order to receive the pay themselves ; in are the names of the sacrifices which were offered
which case they were said " to draw pay for empty by generals before they set out on their expeditions."
places in the mercenary force" (piaOoQopelvkv TV The principal object of these sacrifices always was
3
fcvcKu Kevalf ^wpatf ). The commissioners, how- to d scover from the accompanying signs the favour-
:
ever, who were sent to make inquiries into the able or unfavourable issue of the undertaking on
matter, often allowed themselves to be bribed.* which they were about t<r enter. According to
This name was also probably given to commission- Hesychius, e^nfipia was also the name of the day
ers who were appointed to investigate other matters. on which the annual magistrates laid down their
EXHERES. (Vid. HERES.) offices.
EXHIBENDUM, ACTIO AD. This action was EXOD'IA ('E?o&a, from e and 666f) were old-
'ntroduced mainly with respect to vindicationes, or fashioned and laughable interludes in verses, insert-
actions about property. " Exhibcre" is ed in other plays, but chiefly in the Atellanffi.* It
defined to
be "faccrc in publico polestatem, ul ei qui agat ex- is difficult to ascertain the real character of the
exodia ; but, from the words of Livy, we must infei
I.(Paus., i.,41, *2.) 2. (Dig. 4, tit. 9, s. ].) 3.
(^Eschin.,
r. 4. (^Ischin., c. Timarch., p. 131.--De Fals. 3
Ctes., p. 536.) 1 (Dig. 10, tit 4, a. 19.) 2. (Xen., Anab., ri 5, .J
<ueg., p. 339. BOckh, Publ. Econ. of Athens, i., p. 389.) (Liv , vii., 2.)
H H H
EXOMIS. EXOSTRA
that, although distinct from the AteJlanae, they were Die Graber der Hellenen, pi. 47, represents the p*oi*
elosely connected with them, and never performed
alone. Hence Juvenal calls them exodium Atella- The exomis was usually worn by slaves and work-
and Suetonius 3 exodium Atdlanicum. ing people, whence we find Hephaestos, the working
1 1
nff, They
were, like the Atellana; themselves, played by young deity, frequently represented with this garment in
and well-born Romans, and not by the histriones. works of art.* The chorus of old men in the Ly-
3
Since the time of Jos. Scaliger and Casaubon, the sistrata of Aristophanes wear the exomis, which
exodia have almost generally been considered as is in accordance with the statement of Pollux,* who
Khort comedies or farces which were performed says that it was the dress of old men in comic plays.
after the Atellanae and this opinion is founded
; According to Aulus Gellius,* the exomis was the
upor the vague and incorrect statement of the same as the common tunic without sleeves (citra
3
scholiast on Juvenal. But the words of Livy, ex- kumerum desinentes) ; but his statement is opposed
odia consertafabellis, seem rather to indicate inter- to the accounts of all the Greek grammarians, and
ludes, which, however, must not be understood as is, without doubt, erroneous.'
if they had been played between the acts of the EXOMOS'IA (k^ufioaia). Any Athenian citizen,
Atellanae, which would suggest a false idea of the when called upon to appear as a witness in a court
Atellanae themselves. But as several Atellanae of justice (Ktyreveiv or EKKA.^TEVELV''), was obliged by
were performed on the same day, it is probable that law to obey the summons, unless he could establish
the exodia were played between them. This sup- by oath that he was unacquainted with the case in
position is also supported by the etymology of the question.* This oath was called efw/uoo-i'a, and the
word itself, which signifies something e 6Jov, extra act of taking it was expressed by et-opwadai.* Those
viam, or something not belonging to the main sub- who refused to obey the summons without being
ject, and thus is synonymous with ETreiaodiov. The able to take the iZupoaia, incurred a fine of one
play, as well as the name of exodium, seems to thousand drachmae and if a person, after promis-
;
have been introduced among the Romans from Ital- ing to give his evidence, did, nevertheless, not ap-
ian Greece but after its introduction it appears
; pear when called upon, an action called Aet7ro//ap-
to have become very popular among the Romans, rvpiov, or /J/lufr?? 6iKrj, might be brought against
and continued to be played down to a very late him by the parties who thought themselves injured
10
period.* by his having withheld his evidence.
EXO'MIS (efejjUif) was a dress which had only a When the people, in their assembly, appointed a
sleeve for the left arm, leaving the right, with the man to a magistracy or any other public office, he
shoulder and a part of the breast, free, and was, for was at liberty, before the 6oKi/j.aaia took place, tc
this reason, called exomis. It is also frequently decline the office, if he could take an oath that the
called %ITUV eTepopaax^oc-* The exomis, however, state of his health or other circumstances rendeied
was not only a chiton (vid. TUNICA), but also an it impossible for him to fulfil the duties connected
IJIUTIOV or TreptfiA^a. (Fid. PALLIUM.) According with it (s!;6fivvadai rrjv apxfiv, or TTJV ^etpoTovmv)
6 7
lo Hcsychius and Julius Dionysius, it served at and this oath was likewise called k^ufioaia, or seme-
the same time both the purposes of a chiton and an
8
feimation ; but Pollux speaks of two different kinds EXOSTRA (efwarpa, from efa>0ew) was one of the
ef exomis, one of which was a Trept'&^ua, and the many kinds of machines used in the theatres of the
ether a X L V tftpop&pj(i&ot. His account is con- ancients. Cicero,
1*
in speaking of a man who foi-
firmed by existing works of art. Thus we find in merly concealed his vices, expresses this sentiment
the Mus. Pio-Clement., 9 Hephaestos wearing an ex- by post siparium heluabatur ; and then stating that
amis, which is an himation thrown round the body he now shamelessly indulged in his vicious practi-
in the way in which this garment was always worn, ces in public, says, jam in exostra heluatur. From
and which clothes the body like an exomis when it an attentive consideration of this passage, it is evi
is girded round the waist. The following figure of dent that the exostra was a machine by means of
Charon, on the contrary, taken from Stackelberg, which things which had been concealed behind the
siparium were pushed or rolled forward from be-
hind it, and thus became visible to the spectator?.
This machine was therefore very much like the
latter was
EKKVKhrjpa, with this distinction, that the
moved on wheels, while the exostra was pushed
1*
forward upon rollers. But both seem to have been
used for the same purpose, namely, to exhibit to the
eyes of the spectators the results or consequences
of such things e. g., murder or suicide as could
not consistently take place in the proscenium, and
were therefore described as having occurred behind
the siparium or in the scene.
The name exostra was also applied to a peculiar
kind of bridge, which was thrown from a tower ol
the besiegers upon the walls of the besieged town,
and across which the assailants marched to attack
those of the besieged who were stationed on thf
1*
ramparts to defend the town.
1. (Phot., s. v. Schol. ad Aristoph., Equit., 879.) 2. (Mai
3. (1. 622.) 4. (iv., 118.'
ler, Archsol. der Kunst., $ 306, 6.)
5. (vii., 12.) 6. (Becker, Charikles, ii., p. 112, <fcc.) 7
(Pollux, Onom., viii.. 37. .^schin., c. Tinvirch., p. 71.) 8
(Demosth., De Fals. Leg., p. 396 ; c. Near., p. 1354 ;
c. Aphob.
c. Steph.
p. 850. Suidas, s. v. 'Eo/!<ra<T0ai.) 9. (Demosth.,
1317. Harpocrat., s. v.) 10. (De
i., p. 1119 ; c. Eubulid., p.
LSOYAH2 AIKH (IS-ov^n SIKIJ). Thi process Hudtwalcker seem obscure, but simply mean thai
o called in Athenian law seems to have been ori ifone person claimed a property as purchaser, and
ginally used as u remedy against those
who wrong- another as mortgagee, or as having a lien upon it,
" the dispute was settled by an efori/lvf HKTJ. In suck.
fully kept others out" (IfriMtiv, efrlpyeiv) of real
property which belonged to them.
1
The etymology a case, it would, of course, be merely a civil action
of the word indicates this, and the speeches of De- to try a right.
mosthenes against Onetor furnish an example of it. EXPEDITUS " 1
is opposed to impeding," and
(Fid. EMBATKIA.) signifies unencumbered with armour or with baggage
The 6tKTj ii-ov?.rif, however, does not generally (impedimenta). Hence the light-armed soldiers in
" the Roman army (p. 104) were often called the Ex-
sppear in this simple shape, but. rather as an actio
rei jiidicatae" or an action consequent upon the non- pediti ;* and the epithet was also applied to any
fultilment of a judgment in a previous suit the na- ; portion of the army, when the necessity for haste,
ture of which, of course, modified the subsequent or the desire to conduct it with the greatest facility
proceedings. We
will consider, first, the case when from place to place, made it desirable to leave be-
ihe main action had reference to real property. hind every weight that could be spared. 3
If a plaintiff was successful in an action of this EXPLORATO'RES. (Vid. SPECULA-TORES.)
sort, and the defendant did not give up possession EXSEQULE. (Vid. FUNUS.)
by the time appointed, two processes seem to have EXSPLIUM. (Vid. BANISHMENT, ROMAN.)
been open to the former. Thus he might, if he EXSUL. (Vid. BANISHMENT, ROMAN.)
chose, proceed at once to take possession (efidar EXTISPEX. (Vid. HARUSPEX.)
ctv), and if resisted, then bring his action for eject- EXTRAORDINA'RII (interpreted by Polybiu*
ment ;* or he might adopt a less summary process, and Suidas by the Greek word 'Em^EKToi, selected)
which, so far as we can understand the grammari- were the soldiers who were placed about the person
ans, was as follows If the property in question,
: of the consul in the Roman army. They consisted
and which the defendant refused, after judgment of about a third part of the cavalry and a fifth part
given, to surrender, was a house, the plaintiff brought of the infantry of the allies, and were chosen by the
an action for the rent (dtKJi EVOIKLOV) if a landed :
prefects.* Hence, for a legion of 4200 foot and 300
estate (xupiov), for the produce (diKij Kapirov). If horse, since the number of the infantry of the allies
the defendant still kept possession, the next step was equal to that of the Roman soldiers, and their
was a diicij ovaiag, or an action for the proceeds of cavalry twice as many, the number of extraordina-
all his property by way of indemnification and after would be 840 foot and 200 horse, forming two
;
rii
that followed the dinri sl-ovhnf. 3 The statement we which are mentioned by Livy ;* or, in an
cohorts,
have given from Hudtwalcker* rests mainly on its army of two legions, four cohorts.'
inherent probability and the authority of Suidas. 8 From the extraordinarii a body of chosen men
Some grammarians, however, do not represent the was taken to form a body-guard for the consul.
6iKij KapTrov and the fiKtj ovaLaq as consequent upon These were called ablecti (unoMitToi). Their num-
a previous action, but as the first steps taken before ber is uncertain. Lipsius conjectures that they
a din'; f^ovXnf was commenced. For a probable ex- consisted of 40 out of the 200 cavalry, and 168 out
planation of this, vid. ENOIKIOU AIKH. The question of the 840 infantry of the extraordinarii, msjdn^tja
now arises, What was done if the defendant refused whole number of the ablecti in a con iiiiar army 80
to give up possession, even after being cast in the horse and 336 foot. 7
f/iKT) eZovhvf! We
are almost bound to suppose,
though we have no express authority for it, that a F.
plaintiff would, under such circumstances, receive
aid from tV.e public authorities to assist him in *FABA (xvapoc), the Bean. Dioscorides* makes
ejecting the defendant but, independent of this, it mention of two kinds, the Grecian and Egyptian
;
appears from Andocides' that a defendant incurred M^viKoi; and AfyvTmof). The Kva^bf 'EXXr/viicof
the penalty of un/iia if defeated in a dUr] eS-ovXijc. is generally held to be the Vid a Faba, but there is
Wewill now explain the proceedings when the considerable difficulty, according to Adams, in de-
main action had no reference to real property as, termining exactly the variety of it most applicable
:
for example, the &LKTJ aaKTjyopLag, in which Meidias to the descriptions of the anciont bean. The most
allowed judgment to go by default (epjj/iTjv <30/U), probable opinion appears to be that of Dickson, who
and neglected or refused to pay the damages given thinks that the Faba minor of Miller, namely, the
against him, so as to become inrep^fiepof. Demos- Horse-bean, answers best to the description* 01
7
thenes, the plaintiff in the case, says that he might Theophrastus.
9
The Kvap.bg \l-yvTrnof is the Ne
have seized upon Meidias's property by way of lumbium spcciosum. Its edible root was termed
pledge, but that he did not do so, preferring to bring oKaoia, and its fruit Ki6uptov. The ancients
a HKTI eZovhijf at once. It is, of course, implied in made a kind of bread out of beans, called dprof KV-
this statement, that if he had attempted to make a "
vof, or panis ex faba. Galen remarks that
seizure, and been resisted, the same process would jeans were much used by gladiators for giving
have been equally open to him. In fact, Ulpian them flesh, but adds that it was not firm or com-
8
informs us that a dinr) efotJ^f was the consequence ct. Dr. Cullen notices the nutritious qualities of
of such a resistance being made. Moreover, in ca- ;hcse things, but omits to mention that the flesh
ses of this sort, it was peculiarly a penal action for which they form is deficient in firmness.
;
Actua-
the defendant, if cast, was required to pay to the rius states that they are nutritious, but dissuades
public treasury a fine of the same amount as the from using them freely, on account of their flatu-
9
damages (# KaraSiKt]) due to the plaintiff. The lence. According to Celsus, both beans and lentils
penalty of arifiia also was inflicted till both the fine are stronger food than pease. Seth agrees with
10
and damages were paid. Lastly, Pollux informs alen, that the flesh formed from them is flabby
us, 6 [lev 6f kuvrifMevog anfyiafJr]Ttl KTTJ/UITOC, 6 de and soft. Galen directs to fry beans, or boil them
x uv > iZovfaif i) dim?, words which to with onions, whereby they will be rendered less
flatulent." 10 The bean is said to have come origi
1. (Harpocr., s. v. Pollux, Onom., viii., 95. Buttmann, Lex-
2. (Etyraol. Mag., 'E. 3
il., 260, tran.il.) SUq.PoSbu, Onom., 1 (Plaut., Epid., i., 1, 79.) 2.(Fcstus. s. v. Advelitatio.)
riii., 59.) 3. (Harpocr., s. v. Oio/aj SIKIJ- Suidas, Kapirou Siicri.) Cic. ad Fam., xv., 4.) 4. (Polyb., vi., 23, p. 472, Casaub.) 5
4. (p. 143.) -5. (1. c.) 6. (Iltpi MvvTvpiiav, p. 10, 16.) 7. (c. xxxiv.,47.) 6. (Liv., xl., 27.) 7. (Lipsius, De Militia Roman*
Meid., 540, 21 )--8. (Dcmosth., c. Moid , 523 11.) 9. (Demoath., u. 7 ; v., 3.) 8. (ii., 127.) 9. (II. P., vii i.. 9. Id., C. P
, iii., 2S.)
o Meid., 528, 11.) 10 (viu.,59) 10. (Adams, Commentary on Paul of IKgina., p. 102.)
427
FALSUM. FALX
nally from Peisia. The Romans held it in high1
calls testamentaria and numaria, 1 with siefsrei.ce to
estimation, and Pliny assigns it the first rank among the crimes which was
the object of the law to
it
leguminous plants. Pythagoras, as is well known, punish. The provisions of this lex are stated by
Paulus, who also entitles it lex Cornelia testa-
8
proscribed beans, a prohibition which would seem
"
to have been rather dietetic than physical or moral. mentaria, to apply to any person qui testamentum
The abstaining from beans was also enjoined on the quodve aliud instrum.cntu.rn. falsum sciens dolo malo
Egyptians. Herodotus says that beans were never scripserit, recitaverit, subjece"it, suppresserit, amovcrit,
sown in any part of Egypt, and that, if some hap- resignaverit, deleverit," &c. The punishment waa
pened to grow there, the Egyptians would not eat deportatio in insulam (at least when Paulus wrote)
"
them, either crude or dressed. As for the priests, for the honestiores," and the mines or crucifixion
adds he, they abhor the very sight of that pulse, ac- for the " humiliores." In place of deportatio, the
8
counting it impure and abominable. The Pytha- law probably contained the punishment of the inter-
gorean prohibition, therefore, would seem to have dictio aquae et ignis. According to Paulus, the law
been of Egyptian origin. applied to any instrument as well as a will, and to
FABRI are workmen who make anything out of the adulteration of gold and silver coin, or refusing
hard materials, as fabri tignarii, carpenters, fabri to accept in payment genuine coin stamped with th
ararii, smiths, &c. The different trades were di- head of the princeps. But it appears from Ulpian
vided by Numa into nine collegia, which corre-
3
(sub titulo de pcena legis Cornelia testamentaria) that
spond to our companies or guilds. In the consti- these were subsequent additions made to the lex
tution of Servius Tullius, the fabri tignarii (TRKTO- Cornelia 3 by various senatus consulta. By a sena-
vff*) and the fabri cerarii or ferrarii (^aX/coriiTrot) tus consultum, in the consulship of Statilius and
were formed into two centuries, which were called Taurus, the penalties of the law were extended to
the centuriae/airwn, and not fabrorum* They did the case of other than testamentary instruments.
not belong to any of the five classes into which Ser- It is conjectured that, for the consulship of Statiliua
vius divided the people; but the fabri tign. probably and Taurus, as it stands in the text of Ulpian, we
voted with the first class, and the fabri ar. with the should read Statilius Taurus, and that the consul-
7
second. Livy" and Dionysius name both the cen- ship of Statilius Taurus and L. S. Libo (A.D. 15) is
luries together the former says that they voted
: meant. A
subsequent senatus consulturn, in the
with the first class ; the latter, that they voted fourteenth year of Tiberius, extended the penalties
with the second. Cicero8 names only one century of the law to those who for money undertook the
of fabri, which he says voted with the first class ; defence of a (criminal 1) cause, or to procure testi-
but as he adds the word tignariorum, he must have mony and by a senatus consultum, passed between
;
recognised the existence of the second century, the dates of those just mentioned, conspiracies foi
which we suppose to have voted with the second the ruin of innocent persons were comprised within
class. 9 the provisions of the law. Another senatus consult
The fabri in the army were under the command um, passed A.D. 26, extended the law to those who
of an officer called prafectus fabrum. 10 It has been received money for selling, or giving, or not giving
upposed by some modern writers that there was a testimony. There were probably other legislative
praefectus fahrum attached to each legion ; and this provisions for the purpose of checking fraud. In
may have been the case. No genuine inscriptions, the time of Nero, it was enacted against fraudulent
howover, contain the title of praefectus fabrflm with pers6ns (falsarii) that tabulae or written contracts
the name of a legion added to it. There were also should be pierced with holes, and a triple thread
civil magistrates at Rome, and in the municipal passed through the holes, in addition to the signa-
towns, cahed praefecti fabrum ; but we know no- ture.* In the time of Nero, it was also provided
thing respecting them beyond their name. Thus that the first two parts (cera) of a will should have
we find in Gruter, PR^EF. FABR. ROM^S," PRJEFEC- only the testator's signature, and the remaining one
TUS FABR. C^ER." The subject of the praefecti fa- that of the witnesses it was also provided that no
:
brum is discussed with great accuracy in a letter of man who wrote the will should give himself a leg-
acy in it. The provisions as to adulterating money
13
Hagen'ouchius, published by Orelli.
FA'BULA PALLI ATA. Vid. COMCEDIA, p. 300.) (
and refusing to take legal coin in payment were also
FA'BULA PRjETEXTATA. ( Vid. COMCEDIA, made by senatus consulta or imperial constitutions.
p. 300.) Allusion is made to the latter law by Arrian.* It
FA'BULA TOGA'TA. (Vid. COMCEDIA, p. 300.) appears, from numerous passages in the Roman
FACTIO'NES AURIGA'RUM. (Vid. CIRCUS, p. writers, that the crime of falsum in all its forms
256.) was very common, and especially in the case of
*FAGUS, the Beech-tree. The name is suppo- wills, against which legislative enactments are a
sed to be derived from the Greek <j>uyu, " to eat," feeble security. 6
as indicating that its fruit served for the nourish- FALX, dim. FALCULA (apirr/, dpeiravov, poet
ment of the early race of men. Thefagus of Pliny dim. dpEirdviov'), a sickle; a scythe; a pru-
dpsTTuvri,
is the same with that of Virgil, both writers mean- ning-knife or pruning-hook ; a bill a falchion ; a
;
FALCI'DIA LEX (Vid. LEGATUM.) mine faids ahena ; 10 adunca falce 11 ). By additional
FALSUM. The crime of falsum was the subject epithets the various uses of the falx were indicated,
of a Judicium Publicum, and it was the object of a and its corresponding varieties ,n form and size
ex Cornelia (passed by Sulla), which Cicero also Thus the sickle, because it was used by reapers,
was called falx messoria ; the scythe, which was
1. (F*e, Flore de Virgile, p. lii.) 2. (Herod., ii., 37.)
employed in mowing hay, was called falx fce.na.ria ;
3.
Tlut., Numa, 17.) 4. (Orelli, Inscrip., 60, 417,
3690, 4086,
1088, 4184.) 5. (Cic., Orat., 40.) 6. (i , 43.) 7. (vii., 59.) 8. 1. (In Verr., ii., lib. 1, c. 42.) 2. (Sent. Recept., v., 25, ed.
(De Rep., ii., 22.) 9. (Guttling, Gesch. der R5m. Staatsv., p Deri.) 3. (Mos. et Rom., Leg. Coll., tit.' 8, 8 7.) 4. (Suet.,
249.) (Caes., ap. Cic. ad Alt., ix., 8.--Bell. Civ., i., 24.
10.
Nero, c. 17. Compare Paulus, Sent. Recept., v., tit. 25, 8. 6.1
Veget,ii., 11.) 11. (467, 7.) 12. (235, 9 ) 13. (Inscrip., vol. 5. (Epict., iii., 3.) 6. (Heinecc., Syntagma.) 7. (Horn., Od
ii., p. 95, <fcc.) 14. (Fee, Flore de Virgili, p. liii. Martyii ad 8. (Brunck, Anal., ii., 215.) 9. (Virg., Georg . t
xviii.-, 367.)
Vug., Edog., i., 1.) 508.) 10. (Ovid, Met., vii., 2S ; 11. (xiv., 628.)
428
FAMILFA.
the pruning-knife and the biU, on account of the
use in dressing vines, as well as in hedging and i
cutting off the shoots and branches of trees, wer
distinguished by the appellation of falx putatori
oinitoria, arboraria, or tUvtiicaJ or by the diminu
dagger or sharp-pointed blade, with a ition mentioned by Gaius, 7 the word " familia" is
falx proper
projecting from one side, it was thrust into the flesh xplained by the equivalent "patrimonium ;" and
tie person who received the familia from the
np to this lateral curvature (curvo tenus abdidit testa-
In the annexed or (qui a testatore familiam
kamo). woodcut, four examples are " accipiebat mancipio) was
selected from works of ancient art to illustrate its ailed familiae emptor." In the same sense we
nd the expression " erciscundse familiae."*
But the word "
1. (Cato, DC. Re Rust., 10, 11. 43. familia" is sometimes limited to
Pallad., i., Colura., iv., "
5.) 2. (Colum., xii., 18.) 3. (Med. de Rois, Par., 1762, p. ignify persons," that is, all those who are in the
J08.) 4 (De Re Rust., iv.,
25, p. 518,ed. Gesner.) 5. (Geonr.,
li., 421.) 6. (Grat., Cyneg-.. 343.) 7. (Colum., De Arbor., 10.) 1.
(Ovid, Fast., v., 627; in Ibin, 216.) 2. (Brunck, Anal,
-3. (Hesiod, Theog., 174, 179.) 9. (Colum., De Re Rust., ii., i., 281.) 3. (See Mariette, " Traitt des Pierres Gravies," t.
ii.,
S!.) 10. (Hesiod, Op., 573.) 11. (Apoll. Rhod., iii., 1388.) 4. (Liv.,
2, 3.)
.
xxxviii., 5. Compare CIEJ., Bell. Gall., vii..
12. (Pirn., 11. N., xviii., 67,5.) 13. (Claudian, De Laud. Stil
2,86.-Q. Curt., iv., 19.) 5. (Ve?et., iv., 14.) 6. (Xen., Cy.
i., 110.) ]4.
(Apollod., i. f 6.) 15. (Eurip., Ion, 191.) 16. ip., vi., 1, 2. Anab., i., 8. Diod. Sic., ii., 5 ; xvii., 53. Pulyb_
(Ovid, Met., i., 718.) 17. (Lucan.ix., 662-677.)
Q
18. (Apollod., , 53. Curt., iv., 9, 12, 1?. Aul. Cell., v., 5. -1 Mace., xiii_
ii., 4. Eratosth., Catast., 22. Ovid, Met., iv., 666, 720, 727 Veget., iii., 24. Liv- xxxvii., 41.) 7. (ii., 102.) 8. (Cic,
v., 6tt -Bruuck, Anal., iii., 157.)
rat., i., 56.)
429
FAMILIA. FARTOR.
power of a paterfamilias, such as his sons (filii-fa- tinction of Gives, Latini, Peregrmi, are entirely un-
tfiilias), daughters, grandcliildren, and slaves. When connected with the relations of familia. Many of
" familia" is used in this
sense, it is opposed to in- the relations of familia have also no effect on legal
animate things and this seems to be the sense of capacity, for instance, marriage as such. That fam
;
the word familia in the formula adopted by the "fa- ily relationship which has an influence on legal ca
miliaa emptor" on the occasion of taking the testa- pacity is the Patria Potestas, in connexion with
tor's familia by a fictitious purchase "Familiam pe- which the legal capacities and incapacities of filius
:
"
cumamque tuam," &c. In another sense familia" faoiilias, filiafamilias, and a wife in manu, may be
signifies all the free persons who are in the power most appropriately considered.
1
claim. A person who changed this status ceased to not agree, the division was made by a judex. For
belong to the familia, and sustained a capitis diminu- this purpose every heres had against each of his co-
tio minima. (Vid. ADOPTIO, CAPUT.) Members of the heredes an actio familiae erciscunda;, which, like the
same family were " familiarea ;" and hence famili- actiones communi dividundo, and finium regundo-
aris came to signify an intimate friend. Slaves who rum, was of the class of Mixtae Actiones, or, as they
belonged to the same familia were called, with re- were sometimes called, Duplicia Judicia, because,
" as in the familiae erciscundae judiciurn, each herea
spect to this relation, familiares. Generally, famil-
iaris" might signify anything relating to a familia. was both plaintiff and defendant (actor and reus) ;
Sometimes "familia" is used to signify the slaves though he who brought the actio and claimed a jn
1
belonging to a person, or to a body of persons (so- dicium (ad judiciurn. provocavif) was properly the ac.
cietas), in which sense they are sometimes opposed tor. Aheres, either ex testamento or ab intest ato.
to liberti, where the true reading is " liberti."*
2
might bring this action. All the heredes were liable
In the passage of the Twelve Tables which de- to the bonorum collatio (vid. BONORUM COLLATIO),
clares that in default of any heres suus, the property that is, bound to allow, in taking the account of the
of the intestate shall go to the next agnatus, the property, what they had received from the testator
word " familia" signifies the property only : " Ag- in his lifetime, as part of their share of the hereditas,
natus proximus familiam habelo." In the same sec- at least so far as they had been enriched by such
tion in which Ulpian* quotes this passage from the donations.
Twelve Tables, he explains agnati to be " cognati This action was given by the Twelve Tables.
"
virilis sexus per mares descendentes ejusdem families The word Familia here signifies the " property," as
where the word " familia" comprehends only per- explained in the previous article, and is equivalent
sons. 6 to hereditas.
The word familia is also applied (improperly) to The meaning and origin of the verb et c-iscere, 01
sects of philosophers, and to a body of gladiators : herc-iscere, have been a subject of some dispute.
in the latter sense with less impropriety. It is, however, certain that the word means " di-
A paterfamilias and a materfamilias were respect- vision."*
ively a Roman citizen who was sui juris, and his FANUM. (Vid. TEMPLUM.)
lawful wife. A
filiusfamilias and a filiafamilias were *FAR, Spelt, often put for corn generally. Ac
a son and daughter in the power of a paterfamilias. cording to Martyn, it is a sort of corn very like
The familia of a paterfamilias, in its widest sense, wheat ; but the chaff adheres so strongly to the
comprehended all his agnati ; the extent of which grain that it requires a mill to separate them, like
term, and its legal import, are explained under COG- barley The far of the Romans was the same with
" The
NATI. The relation of familia and gens is explain- the feta or fea of the Greeks. rtyi) of Theo-
ed under GENS. phrastus, the oXvpa of Homer, as well as the far
The five following personal relations are also com- and adoreum of the Romans, were in all probability,"
" " Far
prehended in the notion of familia 1. Manus, or :
says Adams, merely varieties of Spelt."
the strict marriage relation between husband and was the corn of the ancient Italians," remarks Mar-
wife 2. Servitus, or Ihe relation of master and
; tyn, "and was frequently used in their sacrifices
slave 3. Patronatus, or the relation of former mas-
;
and ceremonies, whence it is no wonder that this
tt is not coextensive nor identical with the relations lus, ii., p. 190.
of familia. Legal capacity is also connected with The name of far tores or crammers was also given
the relations of familia, though not identical with, to the nomenclatores, who accompanied the candi-
but rather distinct from them. The notions of li- dates for the public offices at Rome, and gave them
beri and servi, sui juris and alieni, are comprised in the names of such persons as they might meet.*
thfi above-mentioned relations of familia. The dis- 1. (Savigny, System des heutigen Rom. Rechtes,
vols. i., ii.,
Brut., 22.) 3. (Cic. ad Fam., i., 3.) 4. (Frag., tit. 26, i.) 5. viii., 7. Hor., Sat., II., iii.,228. Plaut True.,
, I., ii., 11.)-- 4
v. Fattorea. )
(.Dig. 50, lit. 16, s. 195 ; 10, tit. 2.) (adTerent., Eun., II., ii., 26.) 5. (Festui, .
430
FASCES. FASOiXUM.
i ASCES
were rods bound in the form of a bun- dt?d for the and it was not till the second de
day ;
l
Vetulonia, a city of Etruria.* Twelve were carried architecture to a long, flat band of stone, marblt, 01
before each of the kings by twelve lictors and on ;
wood. Thus the architrave of an Ionic or Corin-
the expulsion of the Tarquins, one of the consuls thian entablature consists of three contiguous hon
was preceded by twelve lictors with the fasces and zontal fasciae.* 1
secures, and the other by the same number of lic- On the use of fasciae in the nursing of children,"
tors with the fasces only, or, according to some ac- vide INCUNABULA.
counts, with crowns round them.
6
But P. Valerius FA'SCINUM (/3aaKavia), fascination, enchant-
Publicola, who gave to the people the right of prov- ment. The
belief that some persons had the power
ocatio, ordained that the secures should be removed of injuring others by their looks, was as prevalent
from the fasces, and allowed only one of the consuls among the Greeks and Romans as it is among tha
to be preceded by the lictors while they were at superstitious in modern times. The 6^0aA/z6f /3u<r-
Rome.' The other consul was attended only by a or evil eye, is frequently mentioned by ancient
,
time of Valerius.' (Vid. CONSUL.) (Dig. 1, tit. 16, s. 14.) 7. (Aul. Gel., xiii., 12.) 8. (Cic., Pro
Plane., 41.) 9. (Cic., De Rep., ii., 31. Liv., ii.,7. Vol. Max.,
When the decemviri were first appointed, the iv., 1, I)1.) 10. (Cic., Brut., 6.) 11. (Cic. ad Att., viii.. 3. 4 5.
fasces were only carried before the one who presi- De Div., i., 28. Cms., Bell. Civ., iii., 71.) 12. (Sueton., Jul..
79.) 13. (Ovid, De Art. Amat., iii., 622. Propert., iv., 10, 49
" Fascia 14. (ap. Non. Marc
Pectoralis," Mart., jciv., 134.)
l. (Spanh., De Prast. et Usu Numism., vol. ii., p. 88, 91.) xiv., 2.)15. (Val. Max., vi., 27. Grat., Oynec.. 338.) 16
1 tPlin., H. N., xvi., 30.) 3. (Plaut., Asin., III., ii.,29; II., (.El. Lamprid., c. 40.) 17. (Inst. Or., xi., 3.) It*. (Val. Max.,
n',, 74.) 4. (Sil. Ital., viii., -485. Compare Liv., i., 8.) 5. (Di- 1. c. Pliffidr., v., 7, 36.) 19. (Cic. ad Att., 2, 3.) 20. (Cic., IV
ril., v.,2.)--6. (Cic., De Rep., ii., 31. Val. Ma*., iv., 1, $ 1.) Harusp. Resp., 91.) 21. (Vit., iii., 5, p. 84, ed. Schneider.. -OT
1
*
'Dionys., v.1 1 . Liv , xxiv., 9 ; xxviii., 27.) (Plaut., True., ., 13.)
43*
FASTI. FASTI.
1 8
irriters. Plutarch, in his Symposium, has a sep- bled for the purpose of learning from the It ex SR-
arate chapter nepl TUV KaradaaKaiveiv /leyqaevwv, crorum the various festivals to be celebrated during
ca2 /SuffKavov e^etv d<j>datyj.6v. The evil eye was the month, and the days on which they would fall. 1
supposed to injure children particularly, but some- In like manner, all who wished to go to law were
times cattle also whence Virgil 3 says,
; obliged to inquire of the privileged few on what day
" Nescio teneros oculus mihi fascinat agnos."
they might bring their suit, and received the reply
quis as if from the lips of an astrologer. 2 The whole ot
Various amulets were used to avert the influence this lore, so long a source of power and profit, and
of the evil eye. The most common of these ap- therefore jealously enveloped in mystery, was at
pears to have been the phallus, called by the Ro- length made public by a certain Cn. Flavius, scribe
mans fascinum, which was hung round the necks to Appius Caecus, 3 who, having gained access to the
of children (turpicula res*). Pliny, 8 also, says that pontifical books, copied out all the requisite infor-
Satyrica signa, by which he means the phallus, mation, and exhibited it in the Forum for the use
were placed in gardens and on hearths as a protec- of the people at large. From this time forward
tion against the fascinations of the envious and ; such tables became common, and were known by
we learn from Pollux 6 that smiths were accustom- the name of Fasti. They usually contained an enu-
ed to plaoe the same figures before their forges for meration of the months and days of the year ; the
the same purpose. Sometimes other objects were Nones, Ides, Nundinae, Dies Fasti, Nefasti, Comi-
employed Pisistratus is said to
for this purpose. tiales, Atri, &c. CALENDAR), together with the
(vid.
tiave hung the figure of a kind of grasshopper before different festivals,were marked in their proper pla-
7
the Acropolis as a preservative against fascination. ces astronomical observations on the risings and
:
Another common mode of averting fascination settings of the fixed stars, and the commencement
was by spitting into the folds of one's own dress. 8 of the seasons, were frequently inserted, and some-
According to Pliny,* Fascinus was the name of a times brief notices annexed regarding the introduc-
god, who was worshipped among the Roman sacra tion and signification of certain rites, the dedication
by the vestal virgins, and was placed under the of temples, glorious victories, and terrible disasters
chariot of those who triumphed as a protection In later times it became common to pay homage to
^ainst fascination; by which he means, in all the members of the imperial family by noting down
probability, that the phallus was placed under the their exploits and honours in the calendar, a species
chariot. 10 of flattery with which Antonius is charged by Ci-
*FASELUS, the Kidney Bean, Phaseolus vulga- cero. 4
ris, L., calledby the Greeks <j>aaioAo<;. The kid- It will be seen from the above description that
ney beans are said to have been very common these fasti closely resembled a modern almanac
among the Romans, and hence the epithet vilis ap- (Fast or um libri appellantur totius anni descriptio*);
11
plied to thefaselus by Virgil. According to Pliny," and the celebrated work of Ovid may be considered
the Romans ate both seeds and shells, as we do as a poetical Year-book or Companion to the Alma-
now. Fee thinks that the Greek names <j>aaioAoc, nac, having been composed to illustrate the Fasti
ea<7j?o/lof, and (jtaaiho?, are so many diminutives published by Julius Caesar, who remodelled the Ro-
from (baaijXo?, a small boat or canoe, the Kidney man year. All the more remarkable epochs are
Bean resembling such in form. 13 examined in succession, the origin of the different
FASTI. Fas signifies divine law: the epithet festivals explaiad, the various ceremonies descri-
fastus is properly applied to anything in accordance bed, the legends connected with the principal con-
with divine law, and hence those days upon which stellations narrated, and many curious discussions
legal business might, without impiety (sine piaculo), interwoven upon subjects likely to prove interesting
be transacted before the praetor, were technically to his countrymen the whole being seasoned with
;
denominated fasti dies, i. e., lawful days. Varro frequent allusions to the glories of the Julian line.
and Festus derive fastus directly from /a?v* while Several specimens of fasti, more or less perfect,
Ovid 16 may be quoted in support of either etymol- on stone and marble, have been discovered at dif-
ogy- ferent times in different places, none of them, how-
The sacred books in which the fasti dies of the ever, older than the age of Augustus. The most
year were marked, were themselves denominated remarkable, though one of the least entire, is that
fasti ; the term, however, was employed in an ex- known as the Kalendarium Pranestinum or Fasti
tended sense to denote registers of various descrip- Verriani. Suetonius, in his short treatise on dis-
tions, and many mistakes have arisen among com- tinguished grammarians, tells us that a statue of
mentators from confounding fasti of different kinds. Verrius Flaccus, preceptor to the grandsons of Au-
It will be useful, therefore, to consider separately gustus, stood in the lower part of the forum of his
the two great divisions, which have been distin- native town, Praeneste, opposite to the Hcmicyclium,
guished as Fasti Sacri or Fasti Kalendares, and on which he had exhibited to public view the fasti
Fasti Annales or Fasti Hislorici. arranged by himself, and engraved on marble slabs.
I. FASTI SACRI or KALENDARES. For nearly four In the year 1770 the remains of a circular buiWing
centuries and a half after the foundation of the city, were discovered in the immediate vicinity of the
a knowledge of the calendar was possessed exclu- modern Palestrina, together with several fragments
sively by the priests. One of the pontifices regu- of marble tablets, which were soon recognised as
larly proclaimed the appearance of the new moon, forming part of an ancient calendar and, upon ;
and at the same time announced the period which farther examination, no doubt was entertained by
would intervene between the Kalends and the the learned that these were the very fasti of Ver-
Nones. On the Nones the country people assem- rius described by Suetonius. An Italian antiquary,
named Foggini, continued the excavations, collected
1. (Alciphr., Ep., i.,
15. Heliod., ^thiop., iii., 7. Compare
and arranged the scattered morsels with great pa-
with Plin., H. N., vii., 2.) 2.
(v., 7.) 3. (Eclog., iii., 103.) 4. tience and skill and in this manner the months of
;
De
January, March, April, and December, to which a
(Varro, Ling. Lat., 97, Miiller.)
vii., 5. (H. N., xix., 19, I)
6. (viii., 118.) 7. (Hesych., s. v. Karo%r/i/J7.) 8. (Theocr.,
very small portion of February was afterward added,
I,)
i ., 39. Plin., II. N., xxviii., 7. Lueian, Navig., 15, vol. iii., p.
59, Reitz.) 9. (II. N., xxviii., 7.) 10. (Milller, Archjnol. der
Kunst, i) 436, 1, 2. Bottiger, Klein. Schr., iii., p. 111. Becker, 1. (Macroh., i., 15.) 2. (Cic., Pro Muran., 11.) 3, (Li\r., ia,
Charikles, ii., p. 109, 291.) 11. (Georg., i., 227.) 12. (H. N., 46. Plin., H. N., xxxiii., 1. Aul. Cell., vi., 9. Val. Max., ii.
ami!., 7.) 13. (Flore de Virgile, p. IT.) 14. (Varro, DB Ling. 5.)-4. (Phil'pp., ii., 34. Compare Tacit., Ann., i., IS.)-*
Lat., ri., 2.- -Festus, s. T Fasti.) 15. (Fast., i., 47.) (Festus.)
432
FASTI. FASTIGIUM.
were recovered and, although much defaced and
;
LV8TRANTV.
mutilated, form a very curious and useful monu-
SACRVM. MERCVR.
ment. They appear to have embraced much infor-
ET. FLORAE.
nation concerning the festivals, and a careful detail
(Vid. the commentary of Morcelli in his Opera. Em>
ol the honours bestowed
upon, and the triumphs graphica, vol. i., 77.)
achieved by, Julius, Augustus, and Tiberius. The II. FASTI ANNALKS or HISTORICI.
Chronicles
publication of Foggini contains not only an account such as the Annales
of this particular
Maximi (vid. ANNALES), con-
discovery, but also the complete taining the names of the chief
fasti of the Roman magistrates for each
year, so far as such a compila- year, and a short account of the most
tion can be extracted from the ancient calendars remarkable
events noted down opposite to the
HOW extant. Of these he enumerates eleven, the days on which
they occurred, were, from the resemblance which
names being derived either from the places where
they bore in arrangement to the sacred calendars,
they were found, or from the family who possessed denominated
them when they fasti ; and hence this word is used,
first became known to the' literary
especially by the poets, in the general sense of his-
world :
torical records. 1
1. Calendarium
Maffeiorum, which contains the In prose writers, fasti is
twelve months complete. commonly employed as
the technical term for the registers of
2. Cal. consuls, dic-
Pratnestiyum, described above. tators, censors, and other magistrates, which formed
3. Cal Capramcorum, August and September part of the public archives.* Again, when Cicero
complete.
remarks, in the famous epistle to Lucceius, 3 " Etc-
4. Cal. Amiterninum, fragments of the months nim ordo ille annalium mediocriter nos retinet
from May to December. quasi
enumeration fastorum" he means that the
5. Cal. Antiatinum, regular
fragments of the last six succession of events merely detailed in chronicles
months.
fixed the attention but feebly, and was little more
6. Cal. Esquilinum,
fragments of May and June. interesting than a mere catalogue of names.*
7. Cal.
Farnesianum, a few of days February and Amost important specimen of fasti
March. belonging to
this class, executed probably at the
8. Cal. Pincianum, of July, August, beginning of
fragments the reign of Tiberius, has been
nd September. partially preserved.
In the year 1547, several fragments of marble tab
9. Cal. Venusinum, May and June complete. lets were discovered in
10. Cal. Vaticanum, a few days of March and excavating the Roman
Forum, and were found to contain a list of consuls,
April. dictators with their masters of horse, censors with
11. Cal. Allifanum, a few days of July and Au- the lustra which they closed, and ova
triumphs
gust.
tions, all arranged in regular succession according
Some of the above, with others of more recent to the years of the Catonian era. These had evi-
date, are given in the Corpus Inscriptionum of Gru-
dently extended from the expulsion of the kings to
ler, in the llth vol. of the Thesaurus Rom.
Antiqq. the death of Augustus, and,
of Graevius, and in other works of a similar although defective in
tion but the fullest information
descrip- many places, have proved of the greatest vahie to
;
upon all matters chronology. The different pieces were collected
connected with the Fasti Sacri is imbodied in the and arranged under the inspection of Cardinal Alex-
work of Foggini, entitled Fastorum anni Romani a
ander Farnese, and deposited in the Capitol, vrhere
Verrio Flacco ordinatorum
1779
reliquiae, &c., Romae, they still remain. From this circumstance they
and in Jac. Van Vaa-ssen Animadverss. ad
;
are generally distinguished as the Fasti
Fastos Rom. Sacros Capitolini
fragmenta, Traj. ad Rhen., In the years 1817 and 1818, two other
1795 to which add Ideler's Handbuch der Mathe-
: fragments
of the same marble tablets were discovered in the
matischen und Techniscken
Chronologic, Berlin, 1826. course of a new excavation in the Forum. fac- A
Before quitting this part of our
subject, we may simile of them was published at Milan, by Borghesi.
make mention of a curious relic, the
antiquity of in 1818.
which has been called in question without
good The Fasti Consulares are given at the close of
cause, the Calendarium Ruslicum Farnesianum. this work.
This Rural Almanac is cut upon four sides of a
FASTI'GIUM. An ancient Greek or Roman
cube, each face being divided into three columns,
temple, of rectangular construction, is terminatt 1
and each column including a month. At the
top of at its upper extremity
by a triangular figure, botn
the column is carved the
appropriate sign of the in front and rear, which rests
rdiac then follows the name of the upon the cornice of
;
month, the the entablature as a base, and has its sides formed
number of the days, the position of the
nones, the by the cornices which terminate the roof. (Via
length of the day and night, the name of the
sign woodcut, p. 61.) The whole of this triangle above
through which the sun passes, the god under whose the trabeation is implied in the
protection the month was placed, the various termfastigium, called
agri- frontispiece (fronton, frontispizio) by French and
cultural operations to be
performed, and n list of the Italian architects, but pediment
ormcmal festivals. Take by our own. The-
May as an example flat surface within the frame,
:
when distinguished
MENSIS from the general term, is denominated
MAIVS tympanum
by the Latins,* from its resemblance to the skin in
DIES. XXXI. the frame of a drum, and
NON. SEPTIM. alrufia, or dcrdf, by the
Greeks,* either because its figure resembles that
DIES. HOR. XIIIIS. of an eagle with outstretched 7
NOX. HOR. Vims. wings, or because
the tympanum of the earliest
SOL. TAVRO. temples, which were
dedicated to Jupiter, was
TVTELA. APOLLIN. usually ornamented by an
eagle in relief,* an instance of which is afforded
EGET. RVNCANT.
by the coin represented in the following woodcut. 1
OVES. TONDENT.
LAVA. LAVATVR. 1
(Horat., Sat., I., iii., 1 12.-Carm., IV., xiii., J3 ; HI., xrii., 7.)
.
converging like the two sides of a pediment. accompaniments and symbols of marriage. Among
FAX (favof), a Torch. The descriptions of poets the Romans, the fax nuptialis, 9 having been lighted
and mythologists, and the works of ancient art, rep- at the parental hearth, was carried before the bride
resent the torch as carried by Diana, Ceres, Bello- by a boy whose parents were alive. 10 The torch
na, Hyrnen (woodcut, p. 209), Phosphorus, by females was also carried at funerals (fax sepulchralis ), both
11
in Bacchanalian processions (p. 257), and, in an in- >ecause these were often nocturnal ceremonies, and
verted position, by Sleep and Death. In the annexed because it was used to set fire to the pile. Hence
18 "
woodcut, the .female figure in the middle is copied ,he expression of Propertius, Vivimus insignes
13
from a fictile vase. The winged figure on the left nter utramque facem." The torch-bearer turned
away his face from the pile in setting it on fire. 14
FEBRUA'RIUS. (Vid. CALENDAR, ROMAN.)
FECIA'LES. (Vid. FETIALES.)
*FELIS, the Cat. The allovpof of the Greeks
s the Felis Catus, L., or Wild Cat. Some apply
he term KUTTTJS to the Domestic Cat. " The
com-
mon observes " is said to
Cat," Griffith, be origi-
nally from the forests of Europe. In the savage
state it is of a brown-gray colour, with transverse
leeper stripes the tail;
has two or three dark bands,
and the extremity is black. The genuine WiJd Cat
s to be found in the remote parts of Great Britain,
and may be called, as Mr. Pennant remarks, thj Eng-
ish Tiger. Its manners are similar to those of the
.ynx, living in woods, and preying during the night
on every animal it can conquer."
*FEL TERR^E, a name given to the herb Cen-
hand, asleep and leaning on a torch, is from a
aurium Chironia (Kevravpiov TO (jticpdv nal
funeral monument at Rome : the word " Somnus"
is inscribed beside it. The other winged figure, 1. (Serv. in Virg., JEn., iv., 520.) 2. (Ovid, Rem Amor.,
also with the torch inverted, is taken from an an- i55.) 3. (xv., 57-61.) 4. (H. N., xvi., 18; xviii., 26.) 5.
Aristoph., Lys., 308. Athen., 1. c.) 6. (Plin., II. N., xix., 2.)
tique gem, and represents Cupid under the character 7. (Menander, ed. Mein., p. 24.) 8. (Aul. Cell., iii., 2. Ma-
rob., Sat., i., 2.) 9. (Cic., Pro Cluent., 6.) 10. (Plaut., Ca.,
1. (Paus., 11. cc.) 2. (Cic., Divin., i., 10, Vitruv., iii.. 2, p. ., 30. Ovid, Epist., xi., 101. Servius in Virg., Eclog., viii.,
69. Plin., H. N., xxxv., 43, 46 ; xix-vi., 2.) 3. (Cic., Ep. ad 9. Plin., H. N., xvi., 18. Festus, s. v. Patrimi.) 11 (Ovid,
Quint.. Fr., iii., 1, 4. Virg., ^n., viii., 491.) 4. (Cic., De Epist., ii., 120.) 12. (iv., 12, 46.) -13. (Vid. also Ovid, Epi**_,
Oral., iii., 46.) 5. (Cic., Phil., ii., 43. Florus, iv.. 2. Plut., ixi., 172. Fast., ii., 561. Virg., JEt\., xi., 143. Senriiis, ad
CJBS., 81, compared with ACBOTERIUM.) 6. (Vitruv., v., 9, p. oc. Tacit., Ann., iii., 4. Sen., Epist.. 123 Id., de Bjev Vit
151 ) 7. (Cses., Bell. Gall., iy., 15.) 80.) 14. (Virg., JEn., vi., 224.)
434
FERLE. FERLE.
on account of its bitterness, "propter amaritudinem Dion Cassius. 1 The day on which Augustus had
summam." returned from his wars was likewise for a long time
FEMINA'LIA were worn in winter by Augustus made a holyday of* The dies natalicii of the cities
who was very susceptible of cold.
Caesar, Casau- of Rome and Constantinople were al a still later
1
bon supposes them to have been bandages or fillets period likewise reckoned among the feriac.*
(vid. FASCIA) the thighs ; it seems
wound about All feria publica, i. e., those which were ob-
more probable that they were breeches resembling served by the whole nation, were divided into feria
ours, since garments for the thighs (Kepipipia) were stativa, feria coneeptiva, and feria imperativa. Fe-
worn by the Roman horsemen ;* and the column of riae stativae or statae were those which were held
Trajan, the arch of Constantine, and other monu- regularly, and on certain days marked in the calen-
ments of the same period, present numerous exam- dar. 4 To these belonged some of the great festi-
ples of both horse and foot soldiers who wear breech- vals, such as the Agonalia, Carmentalia, fupercalia,
es, closely fitted to the body, and never reaching much &c. Feriae conceptivae or conceptae were held ev-
below the knees. (See woodcuts, p. 11, 78, 95.) ery year, but not on certain or fixed days, the time
FENESTRA. (Vid. HOUSE.) being every year appointed by the magistrates or
FSNUS. (Vid. INTEREST OF MONEY.) priests (quotannis a .magistratibus vcl saccrdntibus
FERA'LIA. (Vid. FDNUS.) concipiuntur*). Among these we may mention the
FE'RCULUM (from fer-o) is applied to any kind feriae Latinae, feriae Sementivae, Paganalia, and Com-
of tray or platform used for carrying anything. pitalia. Feria imperativa are those which were
Thus it is used to signify the tray or frame on which held on certain emergencies at the command of
several dishes were brought in at once at dinner s
the consuls, praetors, or of a dictator. The books of
;
and hence fercula came to mean the number of Livy record many feriae imperativae, which ^ere
courses at dinner, and even the dishes themselves.* chiefly held in order to avert the dangers which
The ferculum was also used for carrying the im- some extraordinary prodigy seemed to forbode, but
ages of the gods in the procession of the circus* also after great victories.* They frequently lasted
(vid. CIRCUS, p. 256), the ashes of the dead in a fu- for several days, the number of which depended upon
6
neral, and the spoils in a triumph
7
in all which the importance of the event which was the cause
;
cases it appears to have been carried on the shoul- of their celebration. But whenever a rain of stone*
ders or in the hands of men. The most illustrious was believed to have happened, the anger of the
captives were sometimes placed on a ferculum in a gods was appeased by a sacrum novemdiale, or feria
triumph, in order that they might be better seen.* per novem dies. This number of days had been fixed
FERETRUM. (Vid. FUNUS.) at the time when this prodigy had first been ob-
7
FERLE, holydays, were, generally speaking, days served. Respecting the legitimate forms in which
or seasons during which freeborn Romans suspend- the feriae conceptivae and imperatives were an-
ed their political transactions and their lawsuits, nounced and appointed, see Brisson., De Form p. ,
consequently, all days on which public festivals generally visited the temples of the gods, and of
were celebrated were feriae or dies feriati. But fered up their prayers and sacrifices. The most se
Borne of them, such as the feria vindemialis, and the rious and solemn seem to have been the feriae im-
feriae aestivae, seem to have had no direct connexion perativae, but all the others were generally attended
with the worship of the gods. The nundinae, how- by rejoicings and feasting. All kinds of business,
ever, during the time of the kings and the early pe- especially lawsuits, were suspended during the pub-
riod of the Republic, were feriae only for the popu- lic feriae, as they were considered to pollute the
lus, and days of business for the plebeians, until, by sacred season the rex sacrorum and the famines
:
the Hortensian law, they became fasti, or days of were not even allowed to behold any work being
10
business for both orders. done during the feriae hence, when they went out, ;
All feriae were divided into two classes, feria pub- they were preceded by their heralds (pracia, pra-
lica and feria private. The latter were only ob- clamitatores, or calatorcs), who enjoined the people to
served by single families or individuals, in commem- abstain from working, that the sanctity of the day
oration of some particular event which had been of might not be polluted by the priests seeing persons
importance to them or their ancestors. As family at work. Those who neglected this admonition
8
feriae, are mentioned the feria Claudia, JEmilia, Ju- were not only liable to a fine, but, in case their diso-
lia, Cornelia, &c., and we must suppose that all the bedience was intentional, their crime was considered
great Roman families had their particular feria, as to be beyond the power of any atonement where- ;
they had their private sacra. Among the family-hol- as those who had unconsciously continued their
ydays we may also mention the feria denicalcs, i. work might atone for their transgression by offering
c., the day on which a family, after having lost one a pig. It seems that doubts as to what kinds of
of its members by death, underwent a purification." work might be done at public feriae were not unfre-
Individuals kept feriae on their birthdays, and other quent, and we possess some curious and interesting
occasions which marked any memorable event of decisions given by Roman pontiffs on this subject.
their lives. During the time of the Empire, the One Umbro declared it to be no violation of the fe-
birthday of an emperor sometimes assumed the char- riae if a person did such work as had reference to
acter of a feria publica, and was celebrated by the the gods, or was connected with the offering of sac-
whole nation with games and sacrifices Thus the rifices all work, he moreover declared, was allow-
;
birthday of Augustus, called Augustalia, was cele- ed which was necessary to support the urgent
brated with great splendour even in the time of wants of human life. The pontiff Scaevola, when
asked what kind of work might be done on a diea
1. (Suettn., Octav., 82.) 2. (Arrian, Tact., p. 14, ed. Blanc.)
3. (Petrou.,35. H.
Plin., N.,
xxviii., 2.) 4. feriatus, answered that any work might be done if
(Suet., Octav.,
74. Serv. ad Virg., JEa., i., 637. Juv., i., 93. Id., xi., 64.
Hor., Sat., II., Ti., 104. Mart., iii., 50. Id., ix., 82. Id., xi., 1. (liv., p. 624. Id., Ivi., p. 688.) 2. (Tacit., Annal., i., 15,
31.) 5. (Suet,, Jul., 76.) 6. (Suet., Cal., 15.) 7. (Suet.,Jul., with the note of Lipsius.) 3. (Cod. 3, tit. 12, a. 6.)*. (Pert.,
37. LIT., i., 10.1 8. (Senec., Here. (Et.. 109.) 9. (Cic., De a. v. Macrob., 1. c.)-5. (Macrob., 1. c. Varro, De Ling. Lt.,
Leg., ii., 8, 12. Id., De Div., i., 45.) 10. (Macrob., Sat., i., 16. v., 3, &c. Fest., s. v.) 6. (Liv., i., 31 ; iii., 5 vii., 28 ; xxxr.,;
Compare Niclmhr, Hist, of Rome, ii., p. 213, &c. Walter, Ges- 40; xliii., 3. Polyb., xxi., 1.) 7. (Liv., i., 31.)-8. (Fett., m.
.1. H6m. Rechts, p. 190.) 11. (Fest., s. v. Cic., De v. Pracia. Macrob., 1. c. Compare Serv. *i Virg., Georg., T
Leg ,
:
if a house threatened to fall down, the inhabitants it might often suit their purpose either to hold the
might take such measures as would prevent its fall- festival at a particular time or to delay it, in order
1
ing, without polluting the feriae. Respecting the to prevent or delay such public proceedings as
various kinds of legal affairs which might be brought seemed injuriois and pernicious, and to promote
before the praetor on days of public feriae, vid. Di- others to which they were favourably disposed.
gest. 2, tit. 12, s. 2. This feature, however, the feriae Latinae had in
It seems to have been owing to the immense in- common with all other feriee conceptivae. When-
crease of the Roman Republic, and of the accumu- ever any of the forms or ceremonies customary at
lation of business arising thereform, that some of the Latinae had been neglected, the consuls had the
the feriae, such as the Compitalia and Luperca- right to propose to the senate, or the college of
lia, in the course of time ceased to be observed, un- pontiffs, that their celebration should be repeated (in-
til they were restored by Augustus, who revived staurari 1 .) Respecting the duration of the feriae
8
many of the ancient religious rites and ceremonies. Latinae, the common opinion formerly was, that at
Marcus Antoninus again increased the number of first they only lasted for one day, to which subse-
days of business (dies fasti) to 230, and the remain- quently a second, a third, and a fourth were added ;*
3
ing days were feriae. After the introduction of but it is clear that this supposition was founded on
Christianity in the Roman Empire, the old ferias were a confusion of the feriae Latinae with the Ludi Max-
abolished, and the Sabbath, together with the Chris- imi, and that they lasted for six days, one for each
tian festivals, were substituted but the manner in decury of the Alban and Latin towns. 3 The fes-
;
which they were kept was nearly the same as that tive season was attended by a sacred truce, and no
in which the ferias had been observed. Lawsuits battle was allowed to be given during those days.*
were accordingly illegal on Sundays and holydays, In early times, during the alliance of the Romans
though a master might emancipate his slave if he and Latins, the chief magistrates of both nations
liked.* All work, and all political as well as juridi- met on the Alban Mount and conducted the solem-
cal proceedings, were suspended but the country nities, at which the Romans, however, had the pres-
;
people were allowed freely and unrestrainedly to idency. But afterward the Romans alone conduct-
apply themselves to their agricultural labours, which ed the celebration, and offered the common sacrifice
seem at all times to have been distinguished from, of an ox to Jupiter Latiaris, in the name and on be-
and thought superior to, all other kinds of work half of all who took part in it.
: The flesh of the
for, as mentioned below, certain feriae were instituted victim was distributed among the several towns
merely for the purpose of enabling the country peo- whose common sanctuary stood on the Alban
ple to follow their rural occupations without being in- Mount.* Besides the common sacrifice of an ox,
terrupt! by lawsuits and other public transactions. the several towns offered each separately lambs,
Afle: this general view of the Roman ferias, we cheeses, or a certain quantity of milk 5 or cakes.
shall proceed to give a short account of those festi- Multitudes flocked to the Alban Mount on the occa-
vals and holydays which were designated by the sion, and the season was one of great rejoicings
name of feriae. and feasting. Various kinds of games were not
Fence Latina, or simply Latino, (the original name wanting, among which may be mentioned the oscil-
was Latiar*), had, according to the Roman legends, latio (swinging 7 ). It was a symbolic game, and the
been instituted by the last Tarquin in commemora- legend respecting its origin shows that it was de-
tion of the alliance between the Romans and Lat- rived from the Latins. 8
Pliny mentions that du-
ins.* But Niebuhr 7 has shown that the festival, ring the Latin holydays a race of four-horse char-
which was originally a panegyris of the Latins, is iots (quadriga certant) took place in the Capitol, in
of much higher antiquity ; for we find it stated that which the victor received a draught of absynthium.
the towns of the Priscans and Latins received their Although the Roman consuls were always present
shares of the sacrifice on the Alban Mount which on the Alban Mount, and conducted the solemn sac-
was the place of its celebration along with the Al- rifice of an ox, yet we read that the superintendence
bans and the thirty towns of the Alban common- of the Latinae, like that of other festivals, was given
wealth. All that the last Tarquin did was to con- by the senate to the aediles, who, therefore, proba-
vert the original Latin festival into a Roman one, bly conducted the minor sacrifices, the various
and to make it the means of hallowing and cement- games, and other solemnities. 9 While the consuls
ing the alliance between the two nations. Before were engaged on the Alban Mount, their place at
the union, the chief magistrate of the Latins had Rome was filled by the praefectus urbi. ( Vid. PR^E-
presided at the festival but Tarquin now assumed FEOTUS URBI.)
;
this distinction, which subsequently, after the de- The two days following the celebration of the
struction of the Latin commonwealth, remained with Latin holydays were considered as dies religiosi, so
the chief magistrates of Rome. 8
The object of this that no marriages could be contracted. 10 From Dion
panegyris on the Alban Mount was the worship of Cassius we see that in his times the ferias Latinas
Jupiter Latiaris, and, at least as long as the Latin re- were still strictly observed by the Romans, whereas
public existed, to deliberate and decide on matters the Latin towns had, at the time of Cicero, almost
of the confederacy, and to settle any disputes which entirely given up taking any part in them. Tho
might have arisen among its members. As the fe- Romans seem to have continued to keep them down
riae Latinac belonged to the 11
conceptivae, the time of to the fourth century of our aera.
their celebration greatly depended on the state of Ferite Sementiviz, or Sementina dies, was kept in
affairs at Rome, as the consuls were never allowed seedtime for the purpose of praying for a good
to take the field until they had held the Latir.ae. 9
wop ;
it lasted only for one day, which was fixed other occasions, but especially after the harvest
by the pontiffs.
1
was over. After their introduction into the towns,
Feria vindemialis lasted fiom the 22d of August they seem to have lost much of their original rustic
to the 15th of October, and was instituted for the character, and to have been modified by the influ-
purpose of enabling the country people to get in the ence of Greek refinement J they remained, how- ;
fruits of the field and to hold the vintage.* ever, in so far the same, as they were at ?J1 times
Feriat astiva were holydays kept during the hot- irregular, and mostly extempore doggerel verse*.
summer, when many of the wealthier
test season of Sometimes, however, versus fescennini were ako
Romans left the city and went into the country. written as satires upon persons.' That these rail-
They seem to have been the same as the messisfe- leries had no malicious character, and were not in*
ria,* and lasted from the 24th of June till the 1st of tended to hurt or injure, may be inferred from the
August. circumstance that one person often called upon an-
Ferice preecidanea are said to have been prepara- other to answer and retort in a similar strain. The
tory days, or such as preceded the ordinary feriae ; fescennina are generally believed to have been in
although they did not belong to the ferise, and often troduced among the Romans from Etruria, and to
even were dies atri, they were on certain occasions have derived their name from Fescennia, a town of
inaugurated by the chief pontiff, and thus made fe- that country. But, in the first place, Fescennia
4
riae. was not an Etruscan, but a Faliscan town 3 and, in ;
*FER'ULA, the
or fennel-giant, Ferula
fetula the second, this kind of amusement has at all times
"a 6
communis, L. Martyn describes it as large been, and is still, so popular in Italy, that it can
plant, growing to the height of six or eight feet, scarcely be considered as peculiar to any particular
with leaves cut into small segments, like those of place. The derivation of a name of this kind from
fennel, but larger. The stalk is thick, and full of a that of some particular place was formerly a fa-
fungous pith, whence it is used by old and weak vourite custom, as may be seen in the derivation of
persons to support them, on account of its light- caerimonia from Caere. Festus* endeavours to solve
ness." The pith was used by the ancients as a the question by supposing fescennina to be derived
kind of tinder, and is said to be still employed for from fascinum, either because they were thought to
that purpose in Sicily. 7 According to the old class- be a protection against sorcerers and witches, or
ical legend, Prometheus, when he stole the fire from because fascinum (phallus'), the symbol of fertility,
the skies, brought it to earth in the hollow of a feru- had in early times, or in rural districts, been con-
la, or, as the Greeks termed it, vdpdri!-. The flow- nected with the amusements of the fescennina.
ers of this plant are yellow, and grow in large um- But, whatever may be thought of this etymology, it
bels, like those of fennel. 8
Fee thinks that the is of importance not to be misled by the common
ferula of Virgil ought rather to be identified with opinion that the fescennina were of Etruscan origin.
the Ferula Oricntalis of Tournefort, which that trav- FESTU'CA. (Vid. SEBVUS.)
eller met with very frequently in Greece. The FETIA'LES, a college 8 of Roman priests, who
people of Cyprus, at the present day, call the vdp- acted as the guardians of the public faith. It was
6j)i- by the name of uvdpdrjKac.. Sibthorp says it is their province, when any dispute arose with a for-
rery abundant in this island. The Latin term feru- eign state, to demand satisfaction, to determine the
la is derived, according to etymologists, from ferire, circumstances under which hostilities might be
" to
strike," because scholars were anciently cor- commenced, to perform the various religious rites
rected with the ferula by their teachers. From the attendant on the solemn declaration of war, and to
lightness of the stalk, the infliction must have been preside at the formal ratification of peace. These
more alarming than painful. The ferule of the functions are briefly but comprehensively defined
modern preceptor resembles the classical ferula " Petioles
by Varro :' fidei publics inter populos
. . .
only in name, being capable of giving much greater prteerant : nam per hos fielat ut justum conciperetur
pain. A
willow-stick or branch would bear a much bellum et inde desitum, ut fadere fides pads constitu
nearer resemblance to the ancient instrument of eretur. Ex his mittebantur,
antequam conciperetur,
punishment.
9
Martial 10 alludes to the custom of qui res rcpeterent,et per hos etiam nunc fit fcedus," to
employing the ferula for correction in the following which we may add the old law quoted by Cicero, 7
"
lines :
FCEDERUM, PACIS, BELLI, INDOCIARUM ORATORES
" FETIALES JUDICESQUE S.UNTO BELLA DISCEPTANT " ;
Ferulcegue tristes, sceptra pcedagogorum 8 9
Cessent ;" Dionysius and Livy detail at considerable length
the ceremonies observed by the Romans in the ear-
and Juvenal 11 also says, lier ages, when they felt themselves aggrieved by a
" Et nos
ergo manum ferula subduximus." neighbouring people. It appears that, when an in-
1*
*FERULA'GO (vapdiJKiov), a smaller species of jury had been sustained, four fetiales were deputed
ferula.
13 to seek redress, who again elected one of their num-
FESCENNPNA, sell, carmina, one of the earliest ber to act as their representative. This individual
kinds of Italian poetry, which consisted of rude and was styled the pater patratus populi Romani. A
fillet of white wool was bound round his head, to-
jocose verses, or, rather, dialogues of extempore
13
verses, in which the merry country folks assailed gether with a wreath of sacred herbs gathered
and ridiculed one another. 14 This amusement within the enclosure of the Capitoline Hill (md.
seems originally to have been peculiar to country VERBENA, SAGMINA), whence he was sometimes
people, but it was also introduced into the towns of named Vcrbenarius. 11 Thus equipped, he proceeded
Italy and at Rome, where we find it mentioned as to the confines of the offending tribe, where he halt-
one of those in which young people indulged at ed and addressed a prayer to Jupiter, calling the
weddings.
11
The fescennina were one of the popu- god to witness, with heavy imprecations, that his
lar amusements at various festivals, and on many complaints were well-founded and his demands rea-
sonable. He then crossed the border, and the same
1. De Ling. Lat., T., 3, p. 58, Bip. Id., De Re Rust., i.,
(Varro, form was repeated in nearly the same words to the
I, mit. Ovid, Fast.,:., 658, &c.) 2. (Cod. 3, tit. 12.) 3. (Aul. first native of the soil whom he
Cell., ix., 15, 1.) 4. (Cod. 3, tit. 12, s. 2, 6.)
I) 5. (Cell., iv., 6.)
might chance to
6. (ad Virg., Eclog., x., 25.) 7. (Martyn, 1. c.) 8. (Flore do 1. (Vid. Virg-., Georg., ., 385, <fcc. Tibull., II., i., 55. C-
9. (Martyn, 1. c.) 10. (Epig., x., 62.)
Virgile, p. Ivi.) 11. tull., 61, 27.) 2. (Macrob., Saturn., ii., 4.) 3. (Niebuhr, Hut.
(S:it... i., 15.) 12.
(Plin., II. N., xx., 23.) 13. v Liv., vii., 2.) of 6. (D
Rome, 136.)
i., p. 4. (s. v.) 5. (Liv., xxxvi., 3.)
14. (Hor.it., Epist.. II., i., 145.) 15. (Serv. ad JEn., vii., 695.
Ling. Lat., v. 86, ed. Miiller.) 7. (De Leg-., ii., 9.) 8. (ii., 7S.J
Bentc., Controv.,21 Plin., H. N., xv.,22.) 9. (i., 32.) 10. (Varro ap. Non.) 11. (Pli '., H. N., xzii., .,
FETIALES. FIBULA.
nieet , again a third time to the sentine >r any the term Paler Patratus is "
Pater
satisfactory :
citizen whom
he encountered at the gate of the Patratus ad jusjurandum patrandum, id est, eancien-
chief town ; and a fourth time to the magistrates dum
fit faedus ;" and we may at once reject the
in the Forum in presence of the people. If a satis- 1
speculations of Servius and Plutarch, 2 the former
factory answer was not returned within thirty days, of whom supposes that he was so called because it
after publicly delivering a solemn denunciation in was necessary that his father should be
alive, th
which the gods celestial, terrestrial, and infernal latter that the name indicated that his father was
were invoked of what might be expected to follow, living, and that he himself was the father of chil-
Ue returned to Rome, and, accompanied by the rest dren.
of the made a report of his mission to the
fetiales, FIBULA (nepovi), nepovif, irepovjjrpif : Topxr/, KTTI
senate. If the people, 1 as well as the senate, deci- TToprnc ever;?), a Brooch, consisting of a pin (acw*
ded for war, the pater patratus again set forth to and of a curved portion furnished with a hook
the border of the hostile territory, and launched a 3
(K/le/f ). The curved portion was sometimes a cir-
spear tipped with iron, or charred at the extremity cular ring or disc, the pin passing across its centre
and smeared with blood (emblematic, doubtless, of (woodcut, figs. 1, 2), and sometimes an arc, the phi
fire and slaughter) across the boundary, pronoun- as the chord of the arc The forms
being (fig. 3).
cing, at the same time, a solemn declaration of war. of brooches, which were commonly of
gold or
The demand for redress and the proclamation of bronze, and more rarely of silver, 4 were, however,
hostilities were alike termed darigatio, which word as various in ancient as in modern times for the ;
the Romans in later times explained by dare repe- fibula served in dress, not
merely as a fastening, but
lere ;* but Gottling 3 and other modern writers con- also as an ornament. 5
nect it with the Doric form of Krjpvl- and nrjpvKSLov.
Several of the formulae employed on these occa-
sions have been preserved by Livy* and Aulus Gel-
5
iius, forming a portion of the Jus Fetiale by which
the college was regulated. The services of the fe-
tiales were considered absolutely essential in con-
cluding a treaty
6
and we read that, at the termina-
;
have been employed when the pater patratus of the iton both shoulders. (Woodcuts, p. 96, 218, 257.)
Romans was put in communication with the pater In consequence of the habit of putting on the amic-
patratus of the Prisci Latini. tus with the aid of a fibula, it was called ttepov^ua
The number of the fetiales cannot be ascertained or kjj.'KEpovrjfJ.a^ Tropirqpa, 9 or aftirexovrj irepovTJTis. 1 *
with certainty, but some have inferred, from a pas- The splendid shawl of Ulysses, described in the
11
13
sage quoted from Varro by Nonius, that it amount- Odyssey, was provided with two small pipes for
ed to twenty, of whom Niebuhr supposes ten were admitting the pin of the golden brooch this contri- ;
elected from the Ramnes and ten from the Titien- vance would secure the cloth from being torn. The
1*
ses ;
but Gottling thinks it more probable that they highest degree of ornament was bestowed upon
were chosen from the Ramnes, as the
at first all brooches after the fall of the Western Empire. Jus-
Sabines were originally unacquainted with the use tin II.," and
many of the emperors who preceded
of fetiales. They were originally selected from the him, as we perceive from the portraits on their
most noble families their office lasted for life 16
; ;
medals, wore upon their right shoulders fibulae, from
and it seems probable that vacancies were filled up which jewels, attached by three small chains, de-
13
by the college (co-optatione) until the passing of the pended.
lex Domitia, when, in common with most other It has been already stated that women often wore
priests, they would be nominated in the comitia the fibula on both shoulders. In addition to this, a
tributa. This, however, is nowhere expressly sta- lady sometimes displayed an elegant row of brooch-
ted es down each arm upon the sleeves of her tunic, 14
The etymology of fetialis is uncertain. Varro examples of which are seen in many ancient stat-
would connect it \vilh fidus anAfadus; Festus with ues. It was also fashionable to wear them on the
18
while some modern scholars suppose breast and another occasional distinction of fe-
ferio orfacio; ;
it to be allied to and thus would be male attire, in later times, was the use of the fibula
fyrjui, Qr/Tiuheie
oratores, speakers. In inscriptions we find lioth fe- in tucking up the tunic above the knee.
and fecialis ; but since, in Greek MSS-, the
tialis Not only might slight accidents to the person
word always appears under some one of the forms arise from wearing brooches, 16 but they were some-
07/riu/leff, (j>eriu2.eif, the orthography we
0mu>lf, 1. (ad JEn., ix., 53- \., 14 xii., 206.)-2. (Q. R., p. 127, ed
have adopted in this article is
probably correct.
;
Reiske.) 3. (Horn., < H., xviii., 293.) 4. (YElian.V. H., i., 18.)
The 16
explanation given by Livy of the origin of 5. (Horn., Od., xix., 256, 257. Eurip., Phccn., 821.) 6.
Dionys., 1. c.) 12. (i., 32.) 13. (xii., 43.) 14. (Geschichte der V H., i., 18.) 15. (Isid., Orig., xix, 30.) 10. (Horn., 11., T
Rdjt. Staatsverf., p, 195.) 15. (Dionys., ii., 72.) 16. (i.. 24.) 426)
438
FICTILE. FICTILE.
times ustd, especially by females, to inflict serious pottery of all other kinds, in which the -wheel wai
injuries. The pin of the fibula is the instrument not adapted to give the first shape. The annexed
which the Phrygian women employ to deprive Po- woodcut shows three moulds, which were found
lymiK'stor of his sight, by piercing his pupils, and near Rome by M. Seroux d'Agincourt.
1 1
They are
with which the Athenian women, having first blind- cut in stone. One of them was probably used for
ed a man, then despatch him." CEdipn? strikes the making antefixa, and the other two for making
pupils of his own eyeballs with a brooch taken from
the dress of Jocasta.* For the same reason, nepovuu
meant to pierce as with a fibula (Trepdvjycre, " pinned
him"*).
Very large brooches an; sometimes discovered,
evidently intended to hold up curtains or tapestry.
(Vid. TAPES, VBLUM.)
Brooches were succeeded by buckles, especially
among the Romans, who called them by the same
name. The preceding woodcut shows on the right
hand the forms of four bronze buckles from the col-
lection in the British Museum. This article of dress
was chiefly used to fasten the belt (vid. BALTEUS)
and the girdle (vid. ZONA).* It appears to have
hearts and legs, designed to be suspended by poor
been, in general, much more richly ornamented than " ex voto" in the
the brooch for, although Hadrian was simple and persons
;
temples and sanctuaries
unexpensive in this as well as in other matters of
( Vid. DONARIA.) Copies of the same subject, which
in this manner, be multiplied to any extent,
costume,' yet many of his successors were exceed- might,
were called " ectypa." 4. Gravers or scalpels, used
ingly prone to display buckles set with jewels (fibu-
la gemmata). by skilful modellers in giving to figures of all kinds
The terms which have now been illustrated as a more perfect finish and a higher relief than could
be produced by the use of moulds. These instru-
applied to articles of dress, were also used to denote
ments, exceedingly simple in themselves, and deri-
pins variously introduced in carpentry e. g., the ;
linchpins of a chariot
7
the wooden pins inserted ving their efficiency altogether from the ability and
;
through the sides of a boat, to which the sailors taste of the sculptor, would not only contribute to
fasten their lines or ropes ;" the trenails which
the more exquisite decoration of earthen vessels,
unite the posts and planks of a wooden bridge ;' but would be almost the only tools applicable for
"
and the pins fixed into the top of a wooden triangle, making Dii fictiles," or gods of baked earth, and
used as a mechanical engine. 1 ' other entire figures. 8 These were among the ear-
liest efforts of the plastic art, and even in times of
The practice of infibulating singers, alluded to by
Juvenal and Martial, is described in Rhodius (De the greatest refinement and luxury t::^y continued to
be regarded with reverence.
Ada) and Pitiscus.
FPCTILE Vessels of all kinds were very frequently fur-
(nrpupoc, nepd/nov, daTpaKov, oorpu/u-
made nished with at least one handle (ansa, ova?, uf).
vov), earthenwaie, a vessel or other article of
baked The AMPHORA was called DIOTA because it had
clay.
The instruments used in pottery (ars figulina) two. The name of the potter was commonly
were the following 1. The wheel (rpo^of, orbis, stamped upon the handle, the rim, or some other
:
throughout its substance black, an effect produced master- pieces were publicly exhibited at the PANA-
by mixing the earth with comminuted asphaltum THEN^EA, and were given, filled with oil, to the
(gagates), or with some other bituminous or oleagi- victors at the games ; in consequence of which, we
'
nous substance. It appears, also, that asphaltum, now read on some of them, in the British Museum
with pitch and tar, both mineral and vegetable, was and other collections, the inscription Tuv ',
uyed to cover the surface like a varnish. In the u0Av, or other equivalent expressions. 3
finer kinds of earthenware this varnish served as a Many other specimens were presents given to
black paint, and to its application many of the most relations and friends on particular occasions, and
beautiful vases owe the decorations which are now often distinguished by the epithets /ca/ldf and
so highly admired. 8 But the coarser vessels, de- added to their names. A
circumstance which con-
signed for common purposes, were also smeared tributed to the success of the Athenians in this
with pitch, and had it burned into them, because by manufacture, was a mine of fine potters' clay in the
this kind of encaustic they became more impervious Colian Promontory, near Phalerum.* The articles
to moisture and less liable to decay. 3 Hence a made from it became so fashionable, that Plutarch,*
ilolium picatum fictile" was used, as well as a
''
describing an act of extreme folly, compares it to
glass jar, to hold pickles.* Also the year of the that of the man who, having swallowed poison, re-
vintage was inscribed by the use of pitch, either fuses to take the antidote unless it be administered
upon the amphorae themselves, or upon the la- to him in a cup made of Colian clay. Some of the
bels (pittacia, schedia) which were tied round their
"
Panathenaic" vases, as they were called, are two
necks. 5 Although oily or bituminous substances feet in height, which accords with what is said by
were most commonly employed in pottery, to pro- ancient authors of their uncommon size. 6 diota A
duce, by the aid of fire (ei> 6e pE^avOeiev*), the vari- was often stamped upon the coins of Athens, in al-
ous shades of black and brown, the vessels, before lusion to the facts which have now been explained.
being sent for the last time to the furnace (aid. 3. Etruria, especially the cities of Aretium and
FORNAX), were sometimes immersed in that finely- Tarquinii. While the Athenian potters excelled all
"
prepared mud, now technically called slip," by others in the manufacture of vessels, the Tuscans,
which the surface is both smoothed and glazed, and besides exercising this branch of industry to a great
at the same time receives a fresh colour. Ruddle, extent, though in a less tasteful and elaborate man-
or red ochre (/lrof, rubrica), was principally em- ner, were very remarkablefor their skill in produ-
ployed for this purpose.
7
To produce a farther cing kinds of statuary in baked clay. Even the
all
variety in the paintings upon vases, the artists em- most celebrated of the Roman temples were adorned,
ployed a few brightly-coloured earths and metallic both within and without, by the aid of these pro-
ores. ductions. The most distinguished among them
As we might expect concerning an art so indis- was an entire quadriga, made at Veii, which sur-
pensable as that of the potter, it was practised to a mounted the pediment of the Temple of Jupiter
great extent in every ancient nation even the most ; Capitolinus.
7
The Etrurians also manifested their
uncivilized not being strangers to it, and sometimes partiality to this branch of art by recurring to it for
displaying a surprising degree of dexterity. The the purpose of interment for while Pliny men-
;
remains of an ancient pottery have been found in tions 8 that many persons preferred to be buried in
Britain, and some of the potters' names, preserved earthen jars, and in other parts of Italy the bones
on their works, are probably British. are told We of the dead have been found preserved in amphorae,
of a place called the Potteries (Figlina) in Gaul. Etruria alone has afforded examples, some of them
Numa instituted a corporation of potters at Rome. 8 now deposited in the British Museum, of large sar-
Mention has already been made of Egypt, and there cophagi made wholly of terra -cotta, and ornamented
are frequent allusions to the art in the ancient wri- with figures in bas-relief and with recumbent stat-
tings of the Jews. We
also read of its productions ues of the deceased.
in Tralles, Pergamus, Cnidus, Chios, Sicyon, Cor- Among many qualities which we admire in thu
inth, Cumae, Adrja, Modena, and Nola, from which Greek pottery, not the least wonderful is its thin-
city the exports of earthenware were considerable, ness (/leTrrd 9 ) and consequent lightness, notwith-
and where some of the most exquisite specimens standing the great size of the vessels, and the perfect
are still discovered. But three places were distin- regularity and elegance of their forms. That it
guished above all others for the extent and excel- was an object of ambition to excel in this respect
lence of this beautiful manufacture: 1. Samos, to we learn from the story of a master and his pupil,
which the Romans resorted for the articles of earth- who contended which could throw the thinnest
enware necessary at meals, and intended for use clay, and whose two amphorae, the result of th
rather than display.' 2. Athens, a considerable trial, were preserved in the temple at Erythrae.
part of which was called Ceramicus, because it was
inhabited by potters. In this quarter of the city with using earthenware on all occasions until the
were temples dedicated to Athena, as presiding time of Alexander the Great the Macedonian con-
:
ovei every kind of handicraft, and to the two fire- quests introduced from the East a taste for vessel*
gods, Hephaistos and Prometheus, the latter of of gold and silver, in which, however, the Spartans
whom was also the mythical inventor of the art of refused to indulge themselves. The Persians, ok
modelling. Various traditions respecting Coroebus the contrary, held earthenware in so low estima
and others point to the early efforts of the Athenian tion, that they condemned persons to drink out of
1. (Varro, De Re Rust , iii., 9.) 2. (Plin., H., N., xxxvi., 1. (Plin., H. N., vii., 57. Id., xxxv , 45. Critias ap. Athen
14.) -3. (Hor., Carm., i., 20, 3. Plin., H. N., xiv., 20, 21.) 4. i., p. 28, C.) 2. (Herod., v., b8.) 3. (Find., Nem., x., 35.-
(Oo'.nm., De Re Rust., xii., 18, 54.) 5. (Plaut., Epid., iv., 2, Schol. and Bockh, ad loc. Beckh, Corp Inscrip. Gr., p. 49 )-
15. -Hor., Carm., iii., 21, 1-5.) 6. (Horn., Epig., xiv., 3.) 7. 4. (Suid., I.e. Athen., xi., p. 482.) 5. (De Audit.) B
<Suid.. s. v Ko>Aia<5oj Ktpa^rjtf.) 8. (Plin., H. N., xxxv., 46.) (Athen., xi., p. 495. Bockh in Find.. Frag., No. 89 ) 7. (din.
9. (Plaut., Bacch., ii., 2, 24. Stich., v., 4, 12. Tibull., ii., 3, H. N., xxviii., 2. Id., xxxv., 45. Id., xxxvi., 2 .K O. MiiUer,
Plin., H. N., xxxv., 46. 8. (H- N., xxxv., 4G.\ -9
61. Cic., Pro Muraena, 36 Tertull., Etrusker, iv., 3, 1, 2.)
*
ipol., 25 Auson., Epig.) Apophth.) 10. (Plin., H. N., xixv.. 46.
440
FIDEICOMMISSUM.
1 " The of Theophrastus and Dioscoride*
Bctfle lessels as a punishment. But, although the nov). ffVKij
Romans, as they deviated from the ancient sim- is properly the Ficus Carica. The wild Fig-tree is
plicity, made a great display of the more splendid called tpivedf by Homer, and Eustathius, the com-
kinds of vessels, yet they continued to look upon mentator on that poet, describes pretty accurately
pottery not only with respect, but even with vener- the process of caprification. The OVKTJ AlyvTrrhj,
ation.* They called to mind the magnanimity of called also icepuvia, is the Ficus Religiosa, according
the consul Curius, who preferred the use of his to Stackhouse ; Schneider, however, makes it the
own earthenware to the gold of the Samnites ; 3 Ceratonia Siliqua, L., or Carob-tree. The avxif
they reckoned some of their consecrated terra-cot- 'A.fat-avdpia is the Pyrus Amelanchicr according to
tas, and especially the above-mentioned quadriga, Sprengel, but the Lonicera Pyrenaica according to
among the safeguards of their imperial city ;* and, Stackhouse. The GVKIJ 'IvdiKrj is the Ficus In^'ica,
bound by old associations and the traditions of their or Banyan, according to Sprengel, but, as Stack-
earliest history, they considered earthen vessels house maintains, the Rhizophora Mangle, or Man-
proper for religious ceremonies, although gold and grove.
1
The Banyan, or Indian Fig-tree, is noticed
silver might be admitted in their private entertain- by Theophrastus, Pliny, Strabo, Solinus, Diodorus
ments ; for Pliny says* that the productions of Siculus, Quintus Curtius, Arrian, and Athenaeus
" both in
this class, regard to their skilful fabrica- This tree forms a conspicuous object in Hindu
tion and their high antiquity, were more sacred, mythology. The branches, after projecting to ?
and certainly more innocent, than gold." certain distance, drop and take root in the earth
Another term, often used as synonymous with These branches, in their turn, become trunks, and
fictile, was testa. (Vid. CULIX, DOLIUM, LATER, PA- give out other branches, aud thus a single tree forrns
TERA, PATINA, TEGULA.) a little forest." "The fijV says Adams, in his
FICTIO. Fictions in Roman law are like fic- "
Commentary on Paul of .Angina, was a great fa-
tions in English law, of which it has been said that vourite with the ancients. Galen states that it is
they are "those things that have no real essence in decidedly nutritious, but that the flesh formed from
their own body, but are so acknowledged and ac- it is not firm and compact, like that from pork and
cepted in law for some especial purpose." The fic- bread, but soft and spongy, lilve that from beans.
tions of the Roman law apparently had their origin He says that figs increase the urinary and alvine
in the edictal power, and they were devised for the discharges. Galen speaks doublfrlly of dried figs."
purpose of providing for cases where there was no FIDEICOMMISSUM may be defined to be a tes-
legislative provision. A fiction supposed something tamentary disposition, by which a person who gives
to be which was not but the thing supposed to be
; a thing to another imposes on him the obligation of
was such a thing as, being admitted to be a fact, transferring it to a third person. The obligation
gave to some person a right, or imposed on some was not created by words of ie^al binding force
person a duty. Various instances of fictions are (cimlia verba), but by words of request (precative),
mentioned by Gaius. One instance is that of a such as " fideicommitto," " peto," " volo dari," and
person who had obtained the bonorum possessio ex the like ;
which were the operative words (terfta
edicto. As he was not heres, he had no direct ac- utilia).If the object of the fideicommissui was
tion he could neither claim the property of the de-
: the hereditas, the whole or a part, it was called
funct as his (legal) property, r.cr coulu he claim a fideicommissaria hereditas, which is equivalent to
debt due to the defunct as his (legal) debt. He a universal fideicommissum was a single ;
if it
therefore brought his suit (intendit) as heres (ficto thing or a sum of money, it called fidsicom- was
se herede), and the formula was accordingly adapted missum singulae rei. The obligation to transfer the
to the fiction. In the Publiciana Actio, the fiction former could only be imposed on the heres the ob- ;
was that the possessor had obtained by usucapion ligation of transferring the latter might be imposed
the ownership of the thing of which he had lost the on a legatee.
possession. A
woman by coemptio, and a male by By the legislation of Justinian, a fideicommissum
being adrogated, ceased, according to the civil law, of the hereditas was a universal succession but ;
to be debtors, if they were debtors before ; for by before his time the person entitled to it was some-
the coemptio and adrogatio they had sustained a times "heredis loco," and sometimes "legatarii
capitis diminutio, and there could be no direct ac- loco." The heres still remained heres after he had
tion against them. But as this capitis diminutio parted with the hereditas. Though the fideicom-
might be made available for fraudulent purposes, an missum resembled a vulgar substitution, it differ- 1
actio utilis was still allowed against such persons, from it in this in the case of a vulgar substitution,
:
the fiction being that they had sustained no capitis the substituted person only became heres when the
diminutio. The formula did not (as it appears from first person named heres failed to become such in ;
Gaius) express the fiction as a fact, but it ran thus the case of the fideicommissum, the second hores
:
ff it shall appear that such and such are the facts had only a claim on the inheritance when the per-
(the facts in issue), and that the party, plaintiff or son named the heres had actually become such.
defendant, would have such and such a right, or be There could be no fideicommissum unless there
liable to such and such a duty, if such and suc-h was a heres.
other facts (the facts supposed) were true et re- ; The person who created the fideicommissum
7
liqua must be a person who was capable of making ft
It was by a fiction that the notion of legal capacity will but he might create a fideicommissum with-
;
was extended to artificial persons, that is, to such out having made a will. The person who was to
persons as were merely supposed to exist for legal receive the benefit of the fideicommissum was the
purposes. (Vid. COLLEGIUM, Fiscus.) Numerous fideicommissarius the person on whom the obliga- ;
instances of fictions occur in the chapters entitled tion was laid was the fiduciarius. The fideicom-
Juristische Personen in Savigny's recent work, enti- missarius himself might be bound to give the fidei-
tled System des heut R. R., vol. ii. commissum to a second fideicommissarius. Origi-
*F1CUS, the Fig-tree (avKfi), and also its fruit (av- nally the fideicommissarius was considered as a pur-
chaser (emptoris loco) ; and when the heres trans-
.. (Athen., vi., p. 229., C. Id., xi., 464, A. Id., 483, C., D.)
ferred to him the hereditas, mutual covenants (caw-
2. (Ovid, Met., viii., 690. Cic. ad Alt., vi., 1 Juv., iii., tiones) were entered into, by which the heros was
IPS. Id., x.. 25.) 3. (Floras, i., 18.) 4. (Serv. ad Virg., JEn.,
til., 188.) 5. (Ter.'ull., 1. c.J 6. (H N..XIXT ,46-1 -7. (Gaiua,
.1 32, itc.) 1 (Adams, Append., n. v.
K K K 4'U
FIUEICOMMISSUM FIDEICOMMISSUM.
not to be a iswerable for anything which he had :harged with fideicommissa, each was entitled to a
been bound to do as heres, nor for what he had quarta of his portion of the hereditas. The herea
given bona fide and if an action was brought was entitled to retain a fourth out of the hereditas,
;
against him as heres, he was to be defended. On not including therein what he took as legatee.
the other hand, the fideicommissarius (gui recipiebat The fiduciarius was bound to restore the heredi-
hercditatejn) was to have whatever part of the he- tas at the time named by the testator, or, if no time
reditas might still come to the hands of the heres, was named, immediately after taking possession of
and was to be allowed to prosecute all rights of it. He was entitled to be indemnified for all propel
action which the heres might have. But it was osts and charges which he had sustained with re-
enacted by the senatus consultum Trebellianum, in spect to the hereditas but he was answerable for
;
Ihe time of Nero, that when the heres had given up any damage or loss which it had sustained through
the property to the fideicommissarius, all right of his culpa.
action by or against the heres should be transferred Res singulse might also be the objects of a fidei
to the fideicommissarius. The praetor accordingly commissum, as a particular piece of land, a slave, a
gave utiles actiones to and against the fideicom- garment, piece of silver, or a sum of money and ;
missarius, which were promulgated by the edict. Lhe duty of giving it to the fideicommissarius might
From this time the heres ceased to require from the be imposed either on the heres or on a legatee. In
fideicommissarius the covenants which he had for- this way a slave also might receive his liberty, and
merly taken as his security against his general lia- the request to manumit might be addressed either
bilities as heres. to the heres or the legatarius. The slave, when
As fideicommissa were sometimes lost because manumitted, was the libertus of the person who man-
the heres would not accept the inheritance, it was umitted him. There were many differences between
enacted by the senatus consultum Pegasianum, in fideicommissa of single things and legacies. A per-
the time of Vespasian, that the fiduciarius might re- son about to die intestate might charge his heres
tain one fourth of the hereditas, and the same pow- with a fideicommissum, whereas a legacy could only
er of retainer was allowed him in the case of single be given by a testament, or by a codicil which was
things. In this case the heres was liable to all confirmed by a proper declaration of the testator in
debts and charges (onera hereditaria) ; but the same a will but a fideicommissum could be given by a
;
agreement was made between him and the fidei- simple codicil not so confirmed. A heres instituted
commissarius which was made between the heres by a will might be requested by a codicil, not so
and the legatus partiarius, that is, the profit or loss confirmed as above, to transfer the whole hereditas,
of the inheritance was shared between them ac- or a part, to a third person. A woman who was
cording to their shares (pro rata parte). Accord- prevented by the provisions of the Yoconia lex from
ingly, if the heres was required to restore not more taking a certain hereditas, might take it as a fidei-
than three fourths of the hereditas, the senatus commissum. The Latini, also, who were prohibited
consultum Trebellianum took effect, and any loss by the lex Junia from taking hereditates and lega-
was borne by him and the fideicommissarius in pro- cies by direct gift (directo jure), could take by fidei-
portion to their shares. If the heres was required commissa. It was not legal to name a person aa
to restore more than three fourths or the whole, heres, and also to name another who, after the death
the senatus consultum Pegasianum applied. If the of the heres, should become heres but it was law-
;
heres refused to take possession of (adire) the he- ful to request the heres, on his death, to transfer the
reditas, the fideicommissarius could compel him, whole or a part of the hereditas to another. In this
by application to the praetor, to take possession of way a testator indirectly exercised a testamentary
it, and to restore it to him ; but all the costs
and power over the property for a longer period than the
charges accompanying the hereditas were borne by law allowed him to do directly. A man sued for a
the fideicommissarius. legacy per formulam but he sued for a fideicom-
;
Whether the heres was sole heir (ex asse), and missum before the consul or praetor for fideicommis-
required to restore the whole or a part of the he- sa at Rome, and in the provinces before the praeses.
reditas, or whether he was not sole heir (ex parte), A fideicommissum was valid if given in the Greek
and was required to restore the whole of such part, language, but a legacy was not until a late period.
or a part of such part, was immaterial in all cases,
: It appears that there were no legal means of en-
the S. C. Pegasianum gave him a fourth. forcing the due discharge of the trust called fidei-
By the legislation of Justinian, the senatus consul- commissum till the time of Augustus, who gave the
ta Trebellianum and Pegasianum were consolidated, consuls jurisdiction in fideicommissa. In the time
and the following rules were established The heres
: of Claudius, prsetores fideicommissarii were appoint-
who was charged with a universal fideicommissum ed in the provinces, the presides took cognizance
:
always retained one fourth part of the hereditas, of fideicommissa. The consuls still retained their ju-
1
now called Quarta Trebellianica, and all claims on risdiction, but only exercised it in important cases.
behalf of or against the hereditas were shared be- The proceeding was always extra ordinem.* Fidei-
tween the fiduciarius and fideicommissarius, who commissa seem to have been introduced in order
was considered heredis loco. If the fiduciarius suf- to evade the civil law, and to give the hereditas, or
fered himself to be compelled to take the inheritance, a legacy, to a person who was either incapacitated
he lost his Quarta, and any other advantage that he from taking directly, or who could not take as much
might have from the hereditas. If the fiduciarius as the donor wished to give. Gaius, when observ-
was in possession, the fideicommissarius had a per- ing that peregrini could take fideicommissa, ob-
" this" {the object of evading the law)
sonal actio ex testamento against him for the he- serves that
" was
reditas. If not in possession, he must at least ver- probably the origin of fideicommissa ;" but
bally assent to the claim of the fideicommissarius, by a senatus consultum made in the time of Ha-
who had then the hereditatis petitio fideicommissa- drian, such fideicommissa were claimed by the fis-
ria against any person who was in possession of the cus. They are supposed to be the commendationes
property.
mortuorum mentioned by Cicero. 3 We have an
The Quarta Trebellianica is, in fact, the Falcidia example in the case of Q. P. Rufus,* who, being in
applied to the case of universal fideicommissa. Ac exile, was legally incapacitated from taking anything
will of a Roman citizen, but could claim
cordingly, the heres only was entitled to it, and not under the
a fideicommissarius, who was himself charged with 1. (Quinti Instil., iii., 6.}
. 2. (Gaius, ii., 228. Ulp., Frag.,
a fideicommissum. If there were several heredes tit. 25, s. 12 > -3. (De Fin., iii. 20.14. fVal. Max., iv., 2.
442
FIL1X . FIMBRLE.
it from his mother, who was the heres fiduciarius. cients did not Distinguish very nicely between tLfim
They were also adopted in the case of gifts to wom- The irTfpif of the Greeks, therefore, though Spren-
en, in order to evade the lex Voconia (vid. VOCONU gel sets it down for the Aspidium Filix mat, was
LEX), and in the case of proscribed persons
l
incer- probably not restricted to it. 1
; The Filix of Virgil
tie personae, Latini, peregrini, coelibes, orbi. But the appears to have been the Pteris Aguilina, L. Land
genatus consultant Pegasianum destroyed the capa- which abound* with fern is always very poor.* The
city of ccelibes and orbi to take fideicommissa, and Latin namefilix was given to this plant in allusion
gave them to those persons mentioned in the will to the radical fibres, which resemble so many threads
who had children, and in default of such to the po- (fila). The Greek name is derived from Trrcpov, " a
jiulus, as in the case of hereditates and legata. wing," because the leaves are pinnated and expand-
I
Vid. BONA CADUCA.) Municipia could not take as ed like wings. The specific appellation given by
heredes (vid. COLLEGIUM) but by
;
the senatus con- Linnaeus to the female Fern, namely, Aguilina, is
sultum Apron ianum, which was probably passed in said to be derived from the following remarkable cir-
the time of Hadrian, they could take a fideicommis- cumstance, that when the root of this plant is cut
ea hereditas. 8 (Vid. HEREDITAS.) Fideicommissa transversely, it presents a very exact representation
were ultimately assimilated to legacies. (Vid. LE- of an eagle (aquila) with two heads. Hence this
BATUM.)' species of Fern is called in Germany the "Impe-
FIDEJU'SSIO. (Vid. INTERCESSION rial." 8
FIDEPRO'MISSIO. (Vid. INTEKCESSIO.) Fl'MBRI^ (upoaaol Jonice, -dvaavoi, Greg. Co- ;
liable to an actio fiduciae or fiduciaria, which was and over these a large shawl or pallium.
an actio bonae fidei. 7 If the trustee was condemned
in the action, the consequence was infamia. Ci-
cero enumerates the judicium fiduciae with that tu-
"
telae and societatis, as judicia summce exislimatio-
nis et pane capitis,"* where he is evidently alluding
to the consequence of infamia.'
When the object for which a thing was trans-
ferred to another was attained, a remancipatio of
those things which required to be transferred by
mancipatio or in jure cessio was necessary and ;
443
FISCUS FLABELLUM.
With the progress of luxury it appears that the an- is, as the subject of certain rights, it was legally *
cients manufactured fringes separately, and sewed person, by virtue of the same fiction of law which
them to the borders of their garments. They were gave a personal existence to corporations, and the
also made of gold thread and other costly materials. communities of t ities and villages. But the Fiscus
Of this kind was the ornament, consisting of a hun- differed in many respects from other persons exist-
dred golden tassels, which surrounded the mythical -ing by fiction of law and, as an instance, it was ;
shield of Jupiter, the aiyl^ -dvaavoeaaa, and which never under any incapacity as to taking an heredi-
tas, which for a long time was the case with cor-
1
depended from the girdle of Juno.
In consequence of the tendency of wool to form porations, for the reason given by Ulpian. (Vid.
3
itself into separate bundles like tassels (dvaavr/dov ), COLLEGIUM.) These reasons would also apply 1o
the poets speak of the golden fleece as consisting the Populus as well as to a Municipium, and yet
of them 3 and Cicero, declaiming against the ef- the populus is never alluded to as being under such
;
feminacy of Gabinius, applies the same expression disability; and, in fact, it could not, consistently
4
to his curling locks of hair. with being the source of all rights, be under any
FI'NIUM REGUNDO'RUM ACTIO. If the legal disabilities.
boundaries of contiguous estates were accidental- Various officers, as Procuratores, Advocati (vid.
.y confused, each of the parties interested in the re- ADVOCATUS), Patroni, and Praefecti, were employed
establishment of the boundaries might have an ac- in the administration of the Fiscus. Nerva estab-
tion against the other for that purpose. This ac- lished a Praetor Fiscalis to administer the law in
tion belonged to the class of duplicia judicia. (Vid. matters relating to the Fiscus. The patrimoni-
FAMILIES ERCISCUND^E ACTIO.) In this action each um, or private property of the Caesar, was adminis-
party was bound to account for the fruits and prof- tered by Procuratores Caesaris. The privileges of
its which he had received from any part of the land the Fiscus were, however, extended to the private
which did not belong to him, and also to account property (ratio) of the Caesar, and of his wife the
for any injury which it had sustained through his Augusta. 1
culpa. Each party was also entitled to compensa- Property was acquired by the Fiscus in various
tion for improvements made in the portion of land ways, enumerated in the Digest,* many of which
which did not belong to him.* may be arranged under the head of penalties and
FISCUS. The following is Savigny's account forfeitures. Thus, if a man was led to commit sui-
of the origin and meaning of this term : cide in consequence of having done some criminal
In the republican period, the state was designa- act (fiagitium), or if a man made counterfeit coin,
ted by the term ^Erarium, in so far as it was viewed his property was forfeited to the fiscus. 3 The offi-
with respect to its rights of property, which ulti- cers of the Fiscus generally received information
mately resolved themselves into receipts into, and (nunciationes) of such occurrences from private in-
payments out of, the public chest. On the estab- dividuals, who were rewarded for their pains. Treas-
lishment of the imperial power, there was a division ure (thesaurus) which was found in certain places
of the provinces- between the senate, as the repre- was also subject to a claim on the part of the Fis-
sentative of the old Republic, and the Caesar and ; cus. To explain the rights and privileges of the
there was, consequently, a division of the most im- Fiscus, and its administration, would require a long
portant branches of public income and expenditure. discussion.*
The property of the senate retained the name of FISTULA. (Vid. CASTELLUM, TIBIA.)
^Erarium, and that of the Cassar, as such, received FLABELLUM, dim. FLABELLULUM ftim-tY,
" The exercise of
the name of Fiscus. The private property of the dim. frnridtov), a Fan.
/)iKiaT7/p,
Caesar (res privata Principis, ratio Casaris) was the fan," so wittily described by Addison,* was
quite distinct from that of the Fiscus. The word wholly unknown to the ancienrs. Neither were
Fiscus signified a wicker-basket or pannier, in their fans so constructed that they might be furled,
which the Romans were accustomed to keep and unfurled, and fluttered, nor were they even carried
carry about large sums of money ;' and hence Fis- by the ladies themselves. They were, it is true, of
cus came to signify any person's treasure or money elegant forms, of delicate colouis (prasino flabello*),
chest. The importance of the imperial Fiscus soon and sometimes of costly and splendid materials,
led to the practice of appropriating the name to that such as peacocks' feathers; 7 but they were stiff
property which the Caesar claimed as Caesar, and and of a fixed shape, and were held by female
9
the word Fiscus, without any adjunct, was used in slaves (flabellifera*), by beautiful boys, or by eu-
nuchs, whose duty it was to wave them so as to
10
Ultimately the word came
7
this sense (res fisci cst ).
to signify generally the property of the state, the produce a cooling breeze.
11
A
gentleman might,
Caesar having concentrated in himself all the sov- nevertheless, take the fan into his own hand, and
18
ereign power, and thus the word Fiscus finally had use it in fanning a lady as a compliment. The
the same signification as .^Erarium in the republican woodcut at p. 225 shows a female bestowing this
period. It does not appear at what time the JSra- attendance upon her mistress. The fan which she
rium was merged in the Fiscus, though the distinc- holds is apparently made of separate feathers joined
tion of name and of thing continued at least to the at the base, and also united both by a thread pass-
time of Hadrian. In the later periods, the words ing along their tips, and by another stronger thread
,<Erarium and Fiscus were often used indiscrimi- tied to the middle of the shaft of each feather. An-
nately, but only in the sense of the imperial chest, other use of the fan was to drive away flies from
for there was then no other public chest. So long living persons, and from articles of food which were
as the distinction existed between the ^Erarium and either placed upon the table or offered in sacrifice.
the Fiscus, the law relating to them severally might
be expressed by the terms jus populi and jus fisci, 1. (Dig. 49, tit. 14, s. 6.) 2. (49, tit. H. s. 1.) 3. (Paului,
" De Jure Fisci."
Sent. Recept., v., 12.) 4. (Dig. 49, tit. 14
as in Paulus, 8 though there is no reason for apply-
:
and was called muscarium 1In and fj.vioa66r).* fatal,*and was carried into execution by a class of
short, the manner of using fans was precisely that persons, themselves slaves, who were called lorarii.
which is still practised in China, India, and other It appears that there was another class, who sub-
3
parts of the East ; and Euripides says that the mitted to be thus whipped for hire. 3 slave who A
Greeks derived their knowledge of them from " bar- had been flogged was called flagrio (/a<my.'3f*),
barous" countries. The Emperor Augustus had a which, of course, became a term of mockery and
slave to fan him during his sleep,* for the use of contempt. During the Saturnalia the scourge wai
fans was not confined to females. deposited under the seal of the master.* 9. In the
Besides separate feathers, the ancient fan was contests of gladiators, 6 two of whom seem to be
sometimes made of linen, extended upon a light represented on the coin here introduced. (Vid.
frame.* From the above-cited passage of Euripi- woodcut.) 10. In the worship of Cybele, whose
des and the ancient scholia upon it, compared with
representations of the flabellum in ancient paintings,
it also appears to have been made by
placing the
two wings of a bird back to back, fastening them
together in this position, and attaching a handle at
the base.'
A
more homely application of the fan was its use
in cookery (vid. Focus). In a painting which repre-
sents a sacrifice to Isis, 7 a priest is seen fanning
the fire upon the altar with a triangular flabellum,
such as is still used in Italy. This practice gave
origin among classical writers to expressions cor-
responding to ours, meaning to fan the flame of
8 10
hope, of love (frim&iv*), or of sedition. priests pretended to propitiate her, and excited the
FLAGRUM, dim. FLAGELLUM
(pocmf), a compassion and reverence of the multitude by flog-
Whip, a Scourge, to the handle of which was fixed ging themselves with scourges such as that here
a lash made of cords (funibus 11 ) or thongs of leather represented, from a bas-relief of this goddess in the
(loris ;
ia
oTctmW 13 ), especially thongs made from the museum of the Capitol at Rome. They were strung
ox's hide (bubulis exuviis 1 *). The lash was often with tali (dorpaya/lot) from the feet of sheep, 7 and
twisted. 14 A
whip with a single lash was called resembled the scourges employed to punish slaves.
scutica ; 16 but it often had two lashes (/Uyupp P.O.GTI- 11. In the hands of Bellona and the Furies. 8
!7
yt <J<7rA^ ), and is so represented on various ancient FLAMEN, the name for any Roman priest who
monuments. (Vid. woodcut, p. 66.) was devoted to the service of one particular god
The whip was used in a great variety of ways (DlVISQUE ALIIS ALII SACERDOTES, OMNIBUS PONTIFI-
:
1. by boys in whipping the top (vid. BUXUM) ; 2. in CES, SINGULIS FI.AMINES sumo 9 ), and who received
threshing corn, when it was formed as a flail (per- a distinguishing epithet from the deity to whom he
1 19
tici* jlagcllatur *) 3. in driving a chariot,
;
or riding ministered. (Horum, sc. flaminum, singuli cogno-
on horseback. 30 For this purpose tHe whip was mina habent ab eo deo quoi sacra faciunt. 1 ") The most
sometimes splendidly ornamented (0aavi? 81 ). As a dignified were those attached to Diiovis, Mars, and
check to the cruel treatment of animals, Constan- Quirinus, the Flamen Dialis, Flamen Martialis, and
tino enacted a law forbidding any one in riding andFlamen Quirinalis. The first two are said by Plu-
tarch 11 to have been established by Romulus but
driving to use a severer instrument than a switch or ;
whip with a short point or spur at the end." 4. In the greater number of authorities agree in referring
Spartan and Roman education.
83
The weapon of the institution of the whole three, in common with
the Roman pedagogue was an eel's skin, and was all other matters connected with state religion, to
therefore called anguilla. 3 * 5. In compelling soldiers Numa. 18 The number was eventually increased to
to fight under Asiatic monarchs. 85 6. In gratifying fifteen 13 the three original
:
flamens were always
private resentment
26
7. In punishing criminals, 87 chosen from among the patricians, and styled Ma-
14
especially before crucifixion. (Vid. CRUX.) 8. In jores ; the rest from the plebeians, with the epithet
88
punishing slaves for running away or deserting to Minores. 1 * Two rude lines of Ennius 16 preserve the
the enemy, 89 or merely to gratify the caprice and names of six of these, appointed, says the poet, 'iv
(Sjyh, Ajai, 241.) 18. (Plin., H. N., xviii., 30. Hieron. in Flagratores.) 4. (Philemon, p. 415, ed. Mein.
Aristoph., Ran.,
Ia., xxvih.,27.) 19. (Horn., II., passim. Mart., xiv., 55.) 20. 502. Equit., 1225. Lys., 1242." Mastigia :" Plautus, passim.
(Xen., De Re Equestr., viii., 4. Id. ib., x., 1.) 21. (Horn., 11., Ter., Adelph., v., 2, 6.) 5. (Mart., xiv., 79.) 6. (Tertull.,
x., 500. Id. ib., xix., 305.) 22. (Cod. Theodos., ii.) 23. Apoll., 21.) 7. (Apul., Met., viii.) 8. (Virg-., JEn., vi., 570.
(Xen, De Lac. Rep., ii., 2. Mart., x., 61.) 24. (Plin., H. N., "
Sanguineo flagello :" viii., 703. Val. Flacc., 1. c.) 9. (Cic,
ix., 39. Isid., Orig., v., 27.) 25. (Herod., vii., 22, 56, 103, 223. De Leg., ii., 8.) 10. (Varro, De Ling. Lat., v., 84.) 11.
Xen., Anab., iii., 4, I) 25.) 26. (Catull., xxi., 12. Val. Max., (Num., 7.) 12. (Liv., i., 20. Dionys., ii., 64, <fec.) 13. (Fest.,
vi., 1, 13.) 27. (Xen., Hell., iii., 3, 11.) 28. (Xen., Cyrop., i., 8. v.
" Maximae 14. (Gaius, i., 112.) 15. (Fert.,
dignationis.")
4, 29. (Aristoph., Pac., 451.) 30. (Juv., vi., 388.) 31. s. v.
" De
13.) Majores Flamines.") 16. (Varro, Ling. Lat., vii. ,44.)
(Hor., 1. c.) 32. (Athen , iv., 38.) 33. (Isid., 1. C.--2 Chrou., 17. (Varro, De Ling Lat., v., 84.) 18. (Cic., Brut., 14) 19
' 11 \
(xv., 37.)
446
FLAMEN. FLAMEN.
Tia Curiata, and this was doubtless the case in the undertake the government of a province. He might
earlier times ; but, upon examining the passage in mount upon horseback, nor even touch a iiorse,
not
question, it will be s'een that the grammarian speaks nor look upon an army marshalled without the po-
of their induction into office only, and therefore we mcerium, and hence was seldom elected to the con-
may conclude that subsequently to the passing of sulship. Indeed, it would seem that originally he
the Lex Domitia they were chosen in the Comitia was altogether precluded from seeking or accepting 1
plebeians. After being nominated by the people, certainly not enforced in later times. The object
they were received (capti) and installed (inaugura- of the above rules was manifestly to make him lit-
bantur) by the Pontifex Maximus, to whose author- erally Jovi adsiduum sacerdotem ; to compel constant
1
ity they were at all times subject." attention to the duties of the priesthood to leave ;
The office was understood to last for life but a him in a great measure without any temptation to
;
flarnen might be compelled to resign (flaminio abire) neglect them. The origin of the superstitions which
for a breach of duty, or even on account of the oc- we shall next enumerate is not so clear, but the cu-
currence of an ill-omened accident while dischar- rious will find abundance of speculation in Plu-
ging his functions.
3 3
tarch,* Festus, and Pliny.* He was not allowed
Their characteristic dress was the apex (vid. to swear an oath, nor to wear a ring " nisi pervio et
APEX), the lana (vid. L/ENA), and a laurel wreath. casso," that is, as they explain it, unless plain and
The name, according to Varro and Festus, was de- without stones 5 nor to strip himself naked in the ;
rived from the band of white wool (Jilum, fUamen, open air, nor to go out without his proper headdress,
flameri) which was wrapped round the apex, and nor to have a knot in any part of his attire, nor to
which they wore, without the apex, when the heat walk along a path overcanopied by vines. He might
was oppressive.* This etymology is more reason- not touch flour, nor leaven, nor leavened bread, nor
able than the transformation ofpileamines (from pi- a dead body he might not enter a bustum (vid.
;
6
leus) \nioflamines. The most distinguished of all BUSTUM), but was not prevented from attending a
the flamens was the Dialis ; the lowest in rank the funeral. He was forbidden either to touch or to
Pomonalis. 6 name a dog, a she-goat, ivy, beans, or raw flesh.
The former enjoyed many peculiar honours. None but a free man might cut his hair the clip- ;
When a vacancy occurred, three persons of patri- pings of which, together with the parings of his
cian descent, whose parents had been married ac- nails, were buried beneath afelix arbor. No one
cording to the ceremonies of confarreatio (vid. MAR- might sleep in his bed, the legs of which were
RIAGE), were nominated by the Comitia, one of smeared with fine clay and it was unlawful to ;
whom was selected (captus), and consecrated (in- place a box containing sacrificial cakes in contact
augurabatur) by the Pontifex Maximus.
7
From with the bedstead.
that time forward he was emancipated from the Flaminica was the name given to the wife of the
control of his father, and became sui juris. 9
He dialis. He was required to wed a virgin according
alone, of all priests, wore the albogalerus (vid. ALBUS to the ceremonies of confarreatio, which regulation
GALERUs 9 ) he had a right to a lictor, 10 to the toga also applied to the two other flamines majores
;
pratexta, the sella curulis, and to a seat in the sen- and he could not marry a second time. Hence,
ate in virtue of his office. This last privilege, after since her assistance was essential in the perform-
having been suffered to fall into disuse for a long ance of certain ordinances, a divorce was not per-
period, was asserted by C. Valerius Flaccus (B.C. mitted, and if she died the dialis was obliged to re-
209), and the claim allowed, more, however, says sign. The restrictions imposed upon the flaminica
Livy, in deference to his high personal character were similar to those by which her husband was
than from a conviction of the justice of the de- fettered. 7 Her dress consisted of a dyed robe (ve-
mand. 11 The Rex Sacrificulus alone was entitled to nenato operitur); her hair was plaited up with a
recline above him at a banquet : if one in bonds purple band in a conical form (tutulum) and she ;
took refuge in his house, the chains were immedi- wore a small square cloak with a border va), to
ately struck off, and conveyed through the impluvium which was attached a slip cut from a Jeht arbor*
to the roof, and thence cast down into the street ia
: It is difficult to determine what the rica reallv was
if a criminal on his way to punishment met him, whether a short cloak, as appears most probabJe, or
and fell suppliant at his feet, he was respited for a napkin thrown over the head. She was prolr'fit-
13
that day ; usages which remind us of the right of ed from mounting a staircase consisting of more
sanctuary attached to the persons and dwellings of than three steps (the text of Aulus Gellius is uncer-
the papal cardinals. tain, but the object must have been to prevent
To counterbalance these high honours, the Dialis her ankles from being seen) and when she went ;
was subjected to a multitude of restrictions and to the argei (vid. ARGEI), she neither combed nor
privations, a long catalogue of which has been com- arranged her hair. On each of the nundinae a ram
1*
piled by Aulus Gellius from the works of Fabius was sacrificed to Jupiter in the regia by the flamin-
Pictor and Masurius Sabinus, while Plutarch, in his ica.'
Roman Questions, endeavours to explain their im- After the death of the flamen Merula, who was
port. Among these were the following : chosen consul suffectus on the expulsion of Cinna, 10
It was unlawful for him to be out of the
city for and who, upon the restoration of the Marian faction,
a single night 16 a regulation which seems to have shed his own blood in the sanctuary (B.C. 8T), calling
;
been modified by Augustus, in so far that an ab- down curses on his enemies with his dying breath, 11
sence of two nights was permitted 16 and he was the priesthood remained vacant until the consecra-
;
forbidden to sleep out of his own bed for three nights tion of Servius Maluginensis (B.C. 11) by Augustus,
consecutively. Thus it was impossible for him to then Pontifex Maximus. Julius Caesar had, indeed,
been nominated in his 17th year, but was never in-
1. (Liv., xxvii., 8. Id., xxix., 38. Val. Max., VI., ix., 3.) 2.
stalled and during the whole of the above period.
;
(Liv., Ep;t., xix. Id., xxxvii., 51. Val. Max., I., i., 2.) 3.
(Val. Max., I., i., 4.) 4. (Serv. ad Virg., ^n., viii., 664.) 5.
(Plutaiv>, Num., 7.) 6. (Festus, s. v. Maxim* dignationis.) 1. (Plut., Q. R., p. 169.)-2. (Q. R., p. 114, 118, 164-170.)-
7. (Tacit., Ann., iv., 16. Liv., xxvii., 8.) 8. (Gaius, i., 130. 3. ( s. v. Edera and Equo.) 4. (II. N., xviii., 30. Ib.. xxviii.,
Ulpian, Frag., ix., 5. Tacit., Ann., iv., 16.) 9. (Varro ap. Cell., 40.) 5. (Kirchmann, De Annulis, p. 14.) 6. (Serv. ad Virg.,
x., 15.) 10. (Plut., Q. R., p. 119, ed. Reiske.) 11. (Liv., xxvii., JEn., iv., 104, 374. Gaius, i., 112.) 7. (Aul. Cell., x., 15.) 8
8. Compare i., 20.) 12. (Anl. Gell., x., 15013. (Aul. Cell., (Fest., s. v. Tutulum, Rica. Varro, DeLing. Lat., VIL, 44.;
x., 15. Plut., Q. R., p. 166.) 14. (x., 15.) 15. (I.iv.,v., 52.) 9. (Macrob., i., 16.) 10. (Velleius, ii., 20. Val. Max-. IX.
16. (Tacit , Ann., iii , 58, 71 ) xii., 5.) 11. (Velleius, ii., 22.)
446
FLORALIA. FOCUS
me duties of the office were discharged by the Pon- ly.
1
(Fid. Anthesphoria.) The Floralia were an
tifex Maximus. 1 ginally festivals of the country people, which were
The municipal towns also had their flamens. afterward, in Italy as in Greece, introduced into the
Thus the celebrated affray between Milo and Clo- towns, where they naturally assumed a more dis-
dius took place while the former was on his way to solute and licentious character, while the country
Lanuvium, of which he was then dictator, to de- people continued to celebrate them in their old and
clare the election of a flamen (ad flaminem proden- merry, but innocent manner. And it is highly prob-
dum). After the deification of the emperors, fla- able that such festivals did not become connected
mens were appointed to superintend their worship with the worship of any particular deity until a com-
in Rome and in all the provinces and we find con- paratively late period. 8 This would account for the
;
stantly in inscriptions such titles as FLAMEN Auaus- late introduction of the Floralia at Rome, as well
TALIS ; FLAMEN TIBERII C.ESARIS ; FLAMEN D. Jo- as for the manner in which we find them celebra-
LII, &c., and sometimes FLAMEN DIVORUM OMNIUM ted there. 8
'sc. imperatorum). FOCA'LE, a covering for the ears and neck,
FLAMINIA, according to Festus and Aulus Gel- made of wool, and worn by infirm and delicate per
lius,
a
was the house of the Flamen Dialis, from sons.*
which it was unlawful to carry out fire except for FOCUS, dim. FO'CULIJS (toria kax <ipa, iaX a- :
in Achaia, a marble hearth was placed before a it refers to the prior lex which gave the civitas.
statue of Mercury in the Forum, having bronze ( Vid. FUNDUS.)
lamps fastened to it with lead.
6
To adapt the focus It must be observed that the
acceptance of the
to culinary purposes, a gridiron, supported by four two leges above mentioned could only refer to the
feet, was placed over the fire, so as to hold pots federate states and the few old Latin states. The
and pans as well as steaks, chops, and other pieces Latinae coloniae also received the civitas by the
7
of meat which were to be roasted. Some of the Julia lex but, as they were under the sovereignty
;
braziers found at Pompeii also include contrivances of Rome, their consent to the provisions of this lex
for boiling water. was not required.
FCEDERA'T^E CIVITATES, FCEDERA'TI, Before the passing of the Julia lex, it was not
SO'CII. In the seventh century of Rome these unusual for the Socii and Latini to adopt Roman
names expressed those Italian states which were leges into their own system, as examples of which
connected with Rome by a treaty (faedus). These Cicero mentions the lex Furia de Testamentis and
names did not include Roman colonies or Latin the lex Voconia de Mulierum Hereditatibus ; and
colonies, or any place which had obtained the Ro- he adds that there were other instances.
1
In such
man civitas. Among the fcederati were the Latini, cases, the state which adopted a Roman lex wa?
"
who were the most nearly related to the Romans, said in earn legem fundus fieri." It hardly needs
and were designated by this distinctive name ; the remark, that the state which adopted a Roman lex
rest of the fcederati were comprised under the col- did not thereby obtain for its citizens any privi-
lective name of Socii or Fcederati. They were in- leges with respect to the Roman state the feder- :
dependent states, yet under a general liability to ate state merely adopted the provisions of the
furnish a contingent to the Roman army. Thus Roman lex as being applicable to its own circum-
they contributed to increase the power of Rome, stances.
but they bad not the privileges of Roman citizens. An apparent difficulty is caused by the undoubted
The relations of any particular federate state to fact that the provisions of the lex Julia required
Rome might have some peculiarities, but the gen- that the states which wished to avail themselves of
eral relation was that expressed above a kind of its benefits should consent to accept them. As the
;
condition, inconsistent with the sovereignty of the federate states commenced the war in order to ob-
federates, and the first stage towards unconditional tain the civitas, it may be asked, why was it given
submission. The discontent among the fcederati, to them on the condition of becoming " fundus 1"
and their claims to be admitted to the privileges of In addition to the reasons for such condition, which
Roman citizens, led to the Social War. The Julia are suggested by Savigny, it may be observed that
lex (B.C. 90) gave the civitas to the Socii and the lex only expressed in terms what would neces-
Latini and a lex of the following year contained,
; arily have been implied if it had not been express-
among other provisions, one for the admission to id a federate state must of necessity declare by a
:
the Roman civitas of those peregrini who were public act its consent to accept such a proposal as
entered on the lists of the citizens of federate states, was contained in the lex Julia. It appears from
and who complied with the provisions of the lex. the cases of Heraclea and Naples, that the citizens
(Vid. CIVITAS.) It appears, however, that this lex of a federate state were not in all cases unanimous
Julia, and probably also the lex of the following n changing their former alliance with Rome into
year, contained a condition that Vie federate state an incorporation with the Roman state. (Vid.
should consent to accept what the leges offered, ~IVITAS.)
or, as it was technically expressed,
" fundus There were federate cities beyond the limits of
populus
fieret." 8 Those who did not become fundi populi "taly, as shown by the example of Gades Sagun- :
Spain. Pompey had conferred the Roman civitas *FCENUM GR^ECUM, Fenugreek. (Vid. TKUI
on Balbus, by virtue of certain powers given to him and BUCERAS.)
by a lex. It was objected to Balbus that he could FCENUS. (Vid. INTEREST OF MONEY.)
not have the civitas, unless the state to which he FOLLIS, dim. FOLLI'CULUS, an inflated ball
" fundus of leather, perhaps originally the skin of a quadru-
belonged, factus esset ;" which was a
complete misapprehension, for the term fundus, in >ed filled with air: Martial 3 calls it "light as a
this sense, applied to a whole state or
community, "eather." Boys and old men, among the Romans,
whether federate or other free state, which accept- .hrew it from one to another with their arms and
made after the fashion of those exhibited in the The same terms were also metaphorically ap-
plied to the mandibles of insects, which are like
lamp here introduced from Bartoli, we may ima-
1 *
whence Galen says 5 that physicians who want dis- at Castor,* and at different places in Egypt, in forn
crimination in the treatment of their patients are and material very like those which we now eir
like shoemakers who make shoes from the same ploy.*
last (hi /ca/loTrodi) for all their customers. Furnaces of an appropriate construction wer 1
The spouts and channels of aquaeducts are called erected for casting large statues of bronze,* and fo
6
forma, perhaps from their resemblance to some of making lampblack. (Vid. ATRAMENTUM.) Th
ne moulds included in the above enumeration.* limekiln (fornax calcaria) is described by Cato. 7 O
FO'RMULA. (Vid. ACTIO.) themode of heating baths, vid. p. 151.
FORNACA'LIA was a festival in honour of For- The early Romans recognised, under the name o
nax, the goddess of furnaces, in order that the corn Fornax or Dea Fornacalis, a divinity who preside*
7
might be properly baked. This ancient festival is over ovens and furnaces.
(Vid. FORNACALIA.)
8
said to have been instituted by Numa. The time FORNIX, in its
primary sense, is synonymous
for its celebration was proclaimed every year by with ARCUS,* but more commonly implies an arched
the Curio Maximus, who announced in tablets, vault, constituting both roof and ceiling to thf
9
which were placed in the Forum, the different part apartment which it encloses. It is composed of a
which each curia had to take in the celebration of semicylindrical and oblong arch like the Camera,
the festival. Those persons who did not know to but differs from it in construction, consisting entirely
what curia they belonged, performed the sacred of stone or brick, whereas the other was formed upon
19
rites on the Quirmalia, called from this circumstance a framework of wood, like the skeleton of a ship
the Stultorum feria, which fell on the last day of (vid. CAMERA) both of which methods appear to
;
by a thick column of brickwork, which is encircled Being small and dark, and situated upon the level
by the oven (furnus, M6avof). The entrance to the of the street, these vaults were occupied by prosti-
oven ( prafurnium) is seen in front. The lower part tutes 18 (vid. CIRCUS, p. 255) whence comes the
;
of a smelting- furnace, shaped like an inverted bell, meaning of the word fornicatio in the ecclesiastical
and sunk into the earth, with an opening and a chan- writers, and its English derivation.
nel at the bottom for the discharge of the melted Fornix is also a sallyport in the walls 1S a trium- ;
13 14
metal, has been discovered near Aries. In Spain phal arch and a street in Rome, which led to the
;
(Therap., jr., 16.) 6. (Frontin., De Aqueduct., 75, 126.) 7. 5. (Claud., De Laud. Stil., ii., 176.) 6. (Vitruv., vii., K .)
7.
(Festus, s. v.) 8. (Plin., H. N., xviii., 2.) 9. (Ovid, Fasti, ii., (De Re Rust., 38. Vid. also Plin., H. N., xvii., 6. Vitnr , vii.,
527. Varro, De Ling. Lat., vi., 13, with Miiller's note. Festus, 3.) 8. (Senec., Ep., 90.) 9. (Cic., Top., 4.) 10. (Sallu. J, Ju-
v. Quirinalia, Stultor. 10. 11. 11. (Cat., 55.) 12. (Ilor., Sat.,
t. feriie.) (Lactant., i., 20.) gurth., 18. Suet., Nero, 34.)
(Artis's Durobrivae, Lond., 1828.) 12. (Florencourt, iiber die I., ii., 30. Juv., Sat., iii., 156. Id. ib., xi., 171. Compare Suel ,
Bergwerke dor Alien, p. 30.) la (Strabo, hi., 2, p. 391, ed. Jul.. 49.J13. (Liv., xxxvi., 23. Compare xliv., 11.) 14. (Cic
Sieb.) 14. (Plin., H. N, ii., 62.) De Orat., ii., 66.) 15. (Liv., xxii., 36.)
480
FORUM. FORUM
ri Ktpl TUV fiialuv, and also all other private causes, tributa were sometimes held in the Circus Flamim-
where the matter in dispute was not above the us ;
but towards the end of the Republic the Forum
value of ten drachmae. Their number was origi- seems to have been chiefly used for judicial proceed-
nally thirty, but was increased to forty after the ings and as a money-market hence Cicero 1 dis-
;
expulsion of the thirty tyrants and the restoration tinguishes between a speaker in the popular assem-
"
of the democracy by Thrasybulus, in consequence, bly (orator) and the mere pleader Ego istos nan :
i: is said, of the hatred of the Athenians to the modo oratoris nomine, sed ne faro quidem dignos pu-
nuni'XT of thirty. They differed from other ducaa- tdrim." The orators, when addressing the people
Tai, inasmuch as they acted as <rywyf as well from the rostra, and even the tribunes of the people
as decided causes that is, they received the accu-
;
in the early times of the Republic, used to front the
aation, drew up the indictment, and attended to all comitium and the curia but C. Gracchus, 1 or, ac-
;
8
thai was understood in Athenian law by the jj-yeuo- cording to Varro and Cicero,* C. Licinius, introdu-
via TOV SiKaarripiov. They consequently may be ced the custom of facing the Forum, thereby ac-
knowledging the sovereignty of the people. In 308
1
classed among the regular magistrates of the state.
FORUM. As the plan of the present work does B.C., the Romans adorned the Forum, or, rather,
not include a topographical description of the vari- the bankers' shops (argentarias) around, with gilt
ous fora at Rome, the following article only contains shields which they had taken from the Samnites ;
a brief statement of the purposes which they served. and this custom of adorning the Forum with these
Forum originally signified an open place (area) shields and other ornaments was subsequently al-
before any building, especially before a sepulcrum,' ways observed during the time of the Ludi Romani,
and seems, therefore, etymologically to be con- when the sediles rode in their chariots (tensce) in
nected with the adverb foras. The characteris- solemn procession around the Forum.' After the
tic features of a Roman forum were, that it was a victory of C. Duilius over the Carthaginians, the Fo-
levelled space of ground of an oblong form, and sur- rum was adorned with the celebrated columna ros-
rounded by buildings, houses, temples, basilicae, or trata. (Vid. COLUMNA.) In the upper part of the
porticoes.* It was originally used as a place where Forum, or the comitium, the laws of the Twelve
justice was administered, and where goods were Tables were exhibited for public inspection, and it
exhibited for sale.* We
have, accordingly, to dis- was probably in the same part that, in 304 B.C., Cn.
tinguish between two kinds of fora, of which some Flavius exhibited the Fasti, written on white tables
were exclusively devoted to commercial purposes, (in albo), that every citizen might be able to know
and were real market-places, while others were pla- the days on which the law allowed the administra-
ces of meeting for the popular assembly and for the tion of justice. 6 Besides the ordinary business
courts of justice. Mercantile business, however, which was carried on in the Forum, we read that
7
was not altogether excluded from the latter, and it gladiatorial games were held in it, and that prison-
was especially the bankers and usurers who kept ers of war and faithless colonists or legionaries
their shops in the buildings and porticoes by which were put to death there. 8
they were surrounded. The latter kinds of fora A second forum judiciarium was built by J. Caesar,
were sometimes called fora judicialia, to distinguish and was called Forum Casaris or Julii. The lev-
them from the mere market-places. , elling of the ground alone cost him above a million
Among the fora judicialia, the most important was of sesterces, and he adorned it, besides, with a mag-
the Forum Romanum, which was simply called Fo- nificent temple of Venus Genitrix.'
rum as long as it was the only one of its kind which A third forum was built by Augustus, and called
existed at Rome. At a late period of the Republic, Forum Augusli, because the two existing ones were
and during the Empire, when other fora judicialia not found sufficient for the great increase of busi-
were built, the Forum Romanum was distinguished ness which had taken place. Augustus adorned his
from them by the epithets vetus or magnum. It was forum with a temple of Mars and the statues of the
situated between the Palatine and the Capitoline most distinguished men of the Republic, and issued
Hills, and its extent was seven jugera, whence Var- a decree that only the judicia, publica and the sorti-
"
ro* calls it the Septem jugera forensia." It was tiones judicum should take place in it. 10 After the
originally a swamp or marsh, but was said to have Forum Augusti had severely suffered by fire, it was
been filled up by Romulus and Tatius, and to have restored by Hadrianus. 11
been set apart as a place for the administration of The three fora which have been mentioned seern
justice, for holding the assemblies of the people, and to have been the only ones that were destined lor
for the transaction of other kinds of public business. 6 transaction of public business. All the others,
the^
In this widest sense the Forum included the comi- which were subsequently built by the emperors,
7
tium, or the place of assembly for the curiae, which such as the Forum Trajani or Ulpium, the Forum
was separated from the Forum in its narrower sense, Sallustii, Forum Diocletiani, Forum Aureliani, &c.,
or the place of assembly for the comitia tributa, by were probably more intended as embellishments of
the Rostra. 8 These ancient rostra were an eleva- the city than to supply any actual want.
ted space of ground or a stage (suggestum), from Different from these fora were the numerous mar-
which the orators addressed the people, and which kets at Rome, which were neither as large nor as
derived its name from the circumstance that, after beautiful as the former. They are always distin-
the subjugation of Latium, its sides were adorned guished from one another by epithets expressing the
with the beaks (rostra) of the ships of the Antiates. 9 particular kinds of things which were sold in them,
In subsequent times, when the curiae had lost their e.
g., forum boarium, according to Festus, the cattle-
importance, the accurate distinction between comi- market according to others, it derived the name bo-
;
tium and forum likewise ceased, and the comitia arium from the statue of an ox which stood there; 11
1S
forum olitorium, the vegetable market forum pis- ;
1. (Pollux, viii., 40. Harpocrat., s. v. Kard Sijuovf lixnariis.
Rhetor., l,ex., 310, 21. Demosth.. c. Timocr., p. 735, II. Id., 1. (De Oral., i., (Plut., C. Gracch., 5.)
36.) 2. 3. (De Re
c. Panteii., j:. 97fi, 10. Schubert, De JEM., p. 96-98. Meier, Rust., i., 2.) 4. (De Amicit., 25.) 5. (Liv., ix., 40. Cic. in
Alt. Proc., p. 77-82. SchSmann, Ant Jur. I'ubl. Griec., p. 267, Verr, i., 54, and iii., 4.) 6. (Liv., ix.,46.) 7. (Vitruv., v., 1,2.)
10.) 2. (Festus, e. v. Cic., De Leg., ii., 24.) 3. (Vitruv., v., 8. (Liv., vii., 19. Id., ix., 24. Id., xxxviii., 28.) 9. (Suet.,
\,2.) 4. (Varro, De Ling. Lat.,v., 145, ed. Mailer.) 5. (De Re Jul., 26. Plin., H. N., xxxvi., 15. Dion Cass., xliii., p. 25.|
Rust., 1 , 2.) fi. (Dion. Hul., Ant. Rom., iii., p. 200. Compare ii., 10. (Suet., Octav., 29 and 31. Compare Plin., H. , 1. c N
n. 113, cd. Sylburg.) 7. (Varro, De Ling. Lat., v., 155, cd. Veil. Pat., ii., 39. Ovid, Ep. ex Pont., iv., 15, 16. Martial
Mullir.)- -s. fNiobuhr, Hist, of Rome, i., p. 291, note 746, and 38, 3. Seneca, De Ira, ii., 9 11
iii., Stat., Sylv., iv., 9, 15.)
p. 426, note 990. Walter, Gesch. des R5m. Rechts, p. 83. G5t- (JE\. Span., Hadr., c. 19.) 12 (Plin., H. N., xxxiv., 2. OTI<
tlins Oesrh der Rdu. Staatsv..
Fast., vi., 477.J13. fVarro, Do king. Lut., v., 146.)
p. 155.) 9. (Liv., viii., 14.)
451
FRUMENTAllIl.
*FRAGUM, the Strawberry, Fragaria Vesca, L. made of several pieces, and flexible, so as not ic
It is worthy of remark, that the Strawberry was hurt the horse's mouth for the Greeks consideied ;
unknown to the ancient Greeks. Not so, howev- a kind and gentle treatment the best discipline, al
er, with the Romans. It is described by Pliny, though, when the horse was intractable, they taught
2
and had been previously mentioned by Virgil and it submission by the use of a bit which was armed
Ovid. 3 The Strawberry appears to have come ori- with protuberances resembling wolves' teeth, and
ginally from the Alps and the forests of Gaul. My- therefore called lupatum.* The bit was held in its
repsus, a physician of the thirteenth century, is the place by a leathern strap passing under the chin,
first Greek writer that makes mention of it. The and called viroxahividia, for which a chain (^a/U'ov)
name which he gives it, Qpayoiifa, is still applied to was often substituted a rope 'or thong, distinct ;
it by the modern Greeks, dropping, however, the from the reins, was sometimes fastened to this
fourth letter (<j>pdovW). Planudes, in his Greek chain or strap by means of a ring, and was used to
version of Ovid, translates fragum by itoftapov. lead the horse (/foraywyevf'j. The upper part of the
This, however, is an error, since Ko/uapov is the fruit bridle, by which it was fixed round the ears, is
of the wild Strawberry, which is a very different called by Xenophon KoovQaia, and it included the
1
thing from that which we are here considering. AMPYX, which was often ornamental. The cheek-
6 g
(Vid. ARBUTUM.) pieces (Traprjiov, napayva6i6iov ), which joined this
FRAMEA. (Vid. HASTA.) upper portion to the bit, were also, in some cases,
FRATRES ARVA'LES. (Vid. ARVALES FRA- richly adorned, especially among the nations of
TRES.) Asia. Those who took delight in horsemanship
*FRAX'INUS, the Ash, Fraxinus Ornus, L., bestowed, indeed, the highest degree of splendour
called by the Greeks jueAta. The /3ov/j,e%ia of The- and elegance upon every part of the bridle, not ex-
6 " There are
ophrastus is the Fraxinus excelsior. cepting the bit, which, though commonly of bronze
about forty species of the Ash the common Ash or iron, was sometimes silver or gold (fulvum man'
:
10
(Fraxinus excelsior) is one of the most useful of dunt sub dentibus aurum ). These precious metals
trees. It has been known from the remotest pe- were also either embossed 11
(frena ccelata ) or set
riod of history, and is very generally diffused. The with jewels. 12
Ash is called, by way of eminence, " the Husband- Not only was the bridle dispensed with in the
nan's tree," nothing being equal to it for agricultu- management of creatures invented by the imagina-
ral implements, and for all sorts of poles, ladders, tion of the poet, 13 but of some which were actually
long handles, -and other purposes which require trained by man to go without it. Thus the Numid-
strength and elasticity combined with comparative ian DESULTOR guided his two horses by the whip,
lightness. Hesiod derives his brazen men from it ; and the Gallic ESSEDARIUS, on the banks of the
and the Edda, or sacred book of the Northmen, Rhone, directed and animated his mules entirely by
gives the same origin to all the human race. From the voice. * (Vid. woodcuts, p. 217, 269, 332, 378,
1
cers, whose duty it was to distribute the corn to the ployed for the same purpose. We do not know the
legions. exact nature of this earth, but it appears to have
*FUCUS (<f>vnoe), a marine shrub (according to acted in the same way as our fullers' earth, namely,
some, the same with red alkanet), from which the partly in scouring and partly in absorbing the greasy
" Various
ancients made a dye or paint. species dirt. Pliny* says that the clothes should be washed
of Fuci," observes Adams, " are described by The- with the Sardinian earth.
ophrastus and Dioscorides, but in such general After the clothes had been washed, they were
terms that it appears to me a vain task to at- hung out to dry, and were allowed to be placed in
tempt to determine them. It is farther deserving the street before the doors of the fullonica.* When
of remark, that Galen, Aetius, and Oribasius, de- dry, the wool was brushed and carded to raise the
scribe a sort of ceruse under this name. It would nap, sometimes with the skin of a hedgehog, and
appear that it was used as a paint, and in this sense sometimes with some plants of the thistle kind.
it occurs in Lucian's fine epigram in the Anthol- The clothes were then hung on a vessel of basket-
ogy."
8 work (mminea cavea), under which sulphur was
FUGA LATA. (Vid. BANISHMENT, ROMAN.) placed in order to whiten the cloth; for the ancient
FUGA LIBERA. (Vid. BANISHMENT, ROMAN.) fullers appear to have known that many colours
FUGITI'VUS. (Vid. SERVUS.) were destroyed by the volatile steam of sulphur. 5
FULCRUM. (Vid. LECTUS.) A fine white earth, called Cimolian by Pliny, was
FULLO (KvacfiEvs, yvo^evc), also called NACCA, 3 often rubbed into the cloth to increase its white-
a Fuller, a washer or scourer of cloth and linen. ness.* The preceding account is well illustrated
The fullones not only received the cloth as it came by the following woodcut.
from the loom in order to scour and smooth it, but
also washed and cleansed garments which had been
already worn. As the Romans generally wore
woollen dresses, which were often of a light colour,
they frequently needed, in the hot climate of Italy,
a thorough purification. The way in which this
was done has been described by Pliny and other an-
cient writers, but is most clearly explained by some
paintings which have been found on the walls of a
fullonica at Pompeii. Two of these paintings are
4
given by Gell, and the whole of them in the Museo
5
Borbonico from the latter of which works the
;
4. (Pompeiana, vol. ii.,pl. 51, 52.) 5. (vol. iv., pi., 49, 50.) 6.
p. 208, Bipont. Plin., H. N., xxxv., 50, 57. Pollux, Onom.
(Ep., 15.) 7 (Plin., H. N., xxviii., 18,26. Athen.,xi., p. 484.) vii., 41.) 6. (Theophrast., Char.. J -
Plaut., Aulul., '., 9, (
8 (Martial, vi., 93. Macrol)., Saturn., ii., 12.) 9. (Veip., 23.) Plin., H. N., xxxv., 57.)
453
FUNAMBULUS. FUNDA.
the figures in the annexed wood :ut ire selected,
the performers, who were principally Greeks, 1 pla-
ced themselves in an endless variety of graceful and
The
establishment or workshop of the fullers was
1
called Fullonica, Fullonicum,* or Fullonium* Of
such establishments there were great numbers in
Rome, for the Romans do not appear to have wash-
ed at home even their linen clothes.* The trade of
the fullers was considered so important, that the
censors C. Flaminius and L. yEmilius, B.C. 220,
prescribed the mode in which the dresses were to
be washed. 5 Like the other principal trades in
Rome, the Fullones formed a collegium.* To large
farms a fullonica was sometimes attached, in which
the work was performed by the slaves who belong-
ed to the familia rustica, 7 sportive attitudes, and represented the characters
of bacchanals, satyrs, and other imaginary beings.
The fullo was answerable for the property while
it was in his possession ; and if he returned by mis-
Three of the persons here exhibited hold the thyr-
take a different garment from the one he had re- sus, which may have served for a balancing-pole .
jured.
8
Woollen garments which had been once of different forms. They all have their heads en-
washed were considered to be less valuable than veloped in skins or caps, probably intended as a
they were previously
9
hence Martial10 speaks of a protection in case of falling. The Emperor Anto-
;
454
FUNDUS. FUNUS.
1
ncts, called glandcs(fto%v66ifac), of a form between est auclor." (Vid. AUCTOR.) In this sense "fut.du*
acorns and almonds, were cast in moulds to be csse" to confirm or ratify a thing; and in Gellius 1
is
thrown with slings. 1 They have been found on there is the expression " sententia legisque fundut
the plain of Marathon, and in other parts of Greece, subscriptorque fieri." (Vid. FOSDERATI.)
and are remarkable for the inscriptions and devices FUNDITO'RES. ( Vid. FUNDA.)
which they exhibit, such as thunderbolts, the names *FUNGUS Mushroom. " The escu-
(HVKTK), the
and the word " Take lent mushrooms of the ancients comprehended, no
of persons, AESAI, meaning
this."" doubt, the Agaricus campeslris, and other species of
The celebrity of the natives of the Balearic Isles this genus. The Agaricus acris and other species
as slingers is said to have arisen from the circum- were embraced under their poisonous mushrooms.
stance that, when they were children, their moth- It be interesting to the medical student to
will
era obliged them to obtain their food by striking it compare the account of the poisonous mushrooms
with a sling.' Among the Greeks, the Achseans given by Nicander, with Orfila's observations on the
and Acarnanians attained to the greatest expert- same in his work on Poisons.' '" Diphilus, an an-
'
ness in the use of this weapon. cient author quoted by Athenseus, says that Fungi
The sling, as depicted in the Egyptian tombs, had are grateful to the stomach, laxative, and nutritious,
at one end a loop for making it fast to the hand. It but of difficult digestion and flatulent. Apicius di-
was made of wool,* hair, hemp, or leather* (stupea ;* rects to eat them with pepper, oil, salt, &c. Horace
habena 7 ). Its advantages were, that it might be points out the best kind of Fungi, and the poets,
carried any distance without the slightest inconve- generally, mention mushrooms as a delicacy at the
nience ;that soldiers accustomed to the use of it tables of gourmands.*
might employ it when their other weapons were FUNIS. (Vid. NAVIS.)
unavailable (positis hastis*) and that it was very
;
FUNUS. It is proposed in the following article
effective in checking an enemy, especially in stony to give a brief account of Greek and Roman funer-
places, in mountain passes, and upon eminences.' als, and of the different rites and ceremonies con-
Hunters also used the sling to kill their game. 1 * nected therewith.
While the was
a very efficacious and impor-
sling The Greeks attached great importance to the bu-
tant instrument of ancient warfare, stones thrown rial of the dead. They believed that souls could
with the hand alone were also much in use both not enter the Elysian fields till their bodies had been
among the Romans and with other nations (ol Tre-
15
buried and, accordingly, we find the shade of EI-
;
6
1
rpotfoAoi *). The Libyans carried no other arms penor in the Odyssey earnestly imploring Ulysses
than three spears and a bag full of stones. 13 to bury his body. Ulysses also, when in danger ol
The casting-net was sometimes called funda. 1 * shipwreck, deplores that he had not fallen before
(Fid. RETE.) Troy, as he should in that case have obtained an
FUNDUS. The primary signification of this word honourable burial. 6 So strong was this feeling
appears to be the bottom or -foundation of a thing ; among the Greeks, that it was considered a reli-
and its elementary part (fud) seems to be the same gious duty to throw earth upon a dead body which
as that of (3v6,6f and irvd^f/v, the n in fundus being a person might happen to find unburied 7 and among ;
used to strengthen the syllable. The conjectures the Athenians, those children who were released
of the Latin writers as to the etymology of fundus from all other obligations to unworthy parents, were
may be safely neglected. nevertheless bound to bury them by one of Solon's
Fundus is often used as applied to land, the solid laws. 8 The neglect of burying one's relatives is
substratum of all man's labours. According to Flo- frequently mentioned by the orators as a grave
15
rentinus, the term fundus comprised all land and charge against the moral character of a man,' since
constructions on it but usage had restricted the
;
the burial of the body by the relations of the dead
name of <edes to city houses, villa to rural houses, was considered a religious duty by the universal
-ea to a plot of ground in a city not built upon, law of the Greeks. Sophocles represents Antigone
ager to a plot of ground in the country, and fundus as disregarding all consequences in order to bury
to ager cum <zdificiis. This definition of fundus may the dead body of her brother Polynices, which
be compared with the uses of that word by Horace Creon, the king of Thebes, had commanded to be
and other writers. In one passage, 16 Horace places left unburied. The common expressions for the
domus and fundus in opposition to one another, do- funeral rites, TO, 6iKaia, vo/u//a or vo^itf/ieva, irpoa^-
mus being, apparently, there used as equivalent to Kavra, show that the dead had, as it were, a Jpgal
sfides. and moral claim to burial.
The term fundus often occurred in Roman wills, The common customs connected with a Greek
and the testator frequently indicated the fundus to funeral are described by Lucian in his treatise Dt
which his last dispositions referred by some name, Luctu; 10 and there is no reason for supposing that
such as Sempronianus, Seianus; sometimes, also, they differ much from those which were practised
with reference to a particular tract of country, as in earlier times. After a person was dead, it was
Fundus Trebalianus qui est in regione Atcllana. iJ A the custom first to place in his mouth an obolus,
fundus was sometimes devised cum omni instru- called 6avu.Kij (vid. DANACE), with which he might
mento, with its stock and implements of husbandry. pay the ferryman in Hades. The body was then
Occasionally a question arose as to the extent of washed and anointed with perfumed oil, and the
the word instrumentum, between or among the par- heat' was crowned with the flowers which happen-
ties who derived their claim from a testator. 18 ed to be in season. The deceased was then dress-
Fundus has a derived sense which flows easily ed in as handsome a robe as the family could afford,
"
enough from its primary meaning. Fundus," says in order, according to Lucian, that he might not be
" dicitur
Festus, populus ease rei, quam alicnat, hoc cold on the passage to Hades, nor be seen naked by
176.
Cerberus ; this garment appears to have been usu
1. (Lucret., vi., Ovid, Met., ii., 729. Id. ib., vii., 778.
Id. ib., xiv., 825, 826.) 2. (Dodwell'g Tour, vol. ii., p. 159-161 . 1. (Compare Plautus. Trinum., V., i., 7, "fundus potior.")
BJckh, Corp. Inscr., i., p. 311.) 3.(Veget., De Re Mil., i., 16.) 2. (xix., 8.) 3. (Theophrast., II. P., i., 8. Nicand., Alex., T
4. (Horn., II., xni., 599.) 5. (Veget., iii.. 14.) 6. (Virg., 520. Orfila on Poisons, ii., 327.) 4. (Athen., Deipnos., ii., If
Georg., i., 309.) 7. (JEn., xi., 579.) 8. (Virg., 1. c.) 9. (Ve- Adams, Append., s. v. ftvKri;. Horat., Sat., ii., 4. Juv., Sat.,
get., i., 16.) 10. (Virg., Georg., i., 309.) 11. (Veget., i., 16.
v., 145. Adams, Commentary on Paul of JSgino, p. 99.) 5.
Id., ii., 23 ) 12. (Xen., Hellen., ii., 4, <) 12.) 13. (Diod. Sic., (xi., 66, <fcc.) 6. (Od., v., 311.) 7. (XI., Var. Hist., v., 14.>-
iii., 49.) 14. (Virg., G^org., i., 141.) 15. (Dig. 50, tit. 16, s. 8. (.dEsch., c. Timarch., p. 40.) 9. (Demosth., c. Aristog., i., p
211. > 10. (Up., I., ii., 47.) 17. (Brissoniug De Formulia, vii.. 10 T, 1Q
787, $ 2. Lys., c. Phil., p. 883 ; c Alcib., p. 539.)
60.) 18. (Dig. 33, tit. 17, s. 12.)
*c., vol. ii., p. 926, ed. Reitz.)
FUNUS. FUNUS.
These duties were not performed by opinion as to which was th. usual practic*.
1
ally white. in
Plato 7 assigns another reason, namely, that there terment was also used in very ancient times. Ci-
might be no doubt that the person was dead, and cero 7 says that the dead were buried at Athens in
says that the body ought only to be kept in the the time of Cecrops and we also read of the bones
;
house so long as may be necessary to ascertain of Orestes being found in a coffin at Tegea.* The
that fact. By the side of the bed there were placed dead were commonly buried among the Spartans'
painted earthen vessels called hrjuvdoi,* which were and the Sicyonians ; l and the prevalence of this
also buried with the corpse ; examples of which practice is proved by the great number of skele-
may be seen in the drawings of the coffins given tons found in coffins in modern times, which have
9 10
by Bb'ttiger and Stackelberg. Great numbers of evidently not been exposed to the action of fire.
these painted vases have been found in modern Both burning and burying appear to have been al-
times, and they have been of great use in explain- ways used to a greater or less extent at different
ing many matters connected with antiquity. A hon- periods, till the spread of Christianity at length put
ey-cake, called fiE^iTTovra, which appears to have an end to the former practice.
been intended for Cerberus, was also placed by the The dead bodies were usually burned on piles of
side of the corpse.
11
Before the door a vessel of wood called nvpai. The body was placed on the
water was placed, called oarpanov, dpddhiov or dp- top and in the heroic times it was customary to ;
idviov, in order that persons who had been in the burn with the corpse animals, and even captives or
house might purify themselves by sprinkling water slaves. Thus, at the funeral of Patroclus, Achilles
on their persons. 12 The relatives stood around the killed many sheep, oxen, horses, and dogs, and also
bed, the women uttering great lamentations, rend- twelve captive Trojans, whose bodies he burned
ing their garments, and tearing their hair.
13
Solon with those of his friend. 11 Oils and perfumes were
attempted to put a stop to this, but his regulations also thrown into the flames. When the pyre was
1*
on the subject do not appear to have been generally burned down, the remains of the fire were quench-
observed. It was formerly the practice to sacrifice ed with wine, and the relatives and friends collect-
victims before carrying out the dead but this cus- ed the bones. 18 The bones were then washed with
;
tom was not observed in the time of Plato. 15 No wine and oil, and placed in urns, which were some-
13
females under 60 years of age, except the nearest times made of gold.
relatives (EVTOS dve^iaduv), were allowed to be pres- The corpses which were not burned were buried
ent while the corpse was in the house.
16
in coffins, which were called by various names, as
On the day after the npodeai^, or the third day aopoi, irvs'Xoi, fyvoi, AdpvaKEg, dpoirat, though some
after death, the corpse was carried out (EK^opd, ka- of these names were also applied to the urns in
KOfiidq) for burial early in
the morning and before which the bones were collected. They were made
sunrise, by a law of Solon, which law appears to of various materials, but were usually of baked clay
have been revived by Demetrius Phalereus. 17 A or earthenware. Their forms are very various, aa
burial soon after death was supposed to be pleasing may be seen by a reference to Stackelberg, Din
to the dead. Thus we find the shade of Patroclus Gr'dbcr der Hellenen, pi. 7, 8. The following wood-
saying to Achilles,
18
cut contains two of the most ancient kind ; the
figure in the middle is the section
of one.
te OTTI Tn^tora, iru'Xa<; dtdao
nen, pi. 8.) 11. (Aristoph., Lyaistr., 601, with schol. Compare 148, p. 113.)- 3. (Plut., TimoL, 39.) 4. (Id., Philop., 21.) 5.
;., 122.) 20. (Demosth., 1. c.) 21. (Plat., Leg., vii., 9, p.800. 17. (Paus., i., 43,$ 2.) 13 (Demosth., c. Euerg., p. 1150
flesych., s. v. Kapivai. P '-lux, Onom., iv., 75.) 22. (Ib., 21.) Donat. ad Tei., Eun. Prol., 10.)
456
FUNUS. FUNUS.
frequently built by the side of roads and near the should erect a monument which could not be com-
gates of the city. Thus the tomb of Thucydides pleted by ten men in the course of t^ree days. 1
was near the Melitiau gate ; l but the most com- This law, however, does not seem to have been
mon place of burial was outside of the Itonian gate, strictly observed. We read of one monument whicn
near the road leading to the Peiraeus, which gate cost twenty-five minae, 3 and of another which cost
was for that reason called the burial-gate ('Hpiat more than two talents.* Demetrius Phalereus also
8
iriiAat ). Those who had fallen in battle were bu- attempted to put a stop to this expense by forbid-
ried at the public expense in the outer Cerameicus, ding the erection of any funeral monument more
on the road leading to the Academia. 3 than three cubits in height.*
The tombs were regarded as private property, The monuments erected over the graves of per
and belonged exclusively to the families whose rel- sons were usually of four kinds 1. arf/^ai, pillars
:
atives had been buried in them.* or upright stone tablets 2 niovef, columns ; 3.
;
Tombs were called dijKai, ru^oi, [ivri/iara, fivrj/teia, vat6ia or #pa, small buildings in the form of tem-
art/iara. Many of these were only mounds of earth ples and, 4. rpdire^ai, flat square stones, called
;
it was provided by one of Solon's laws that no one should be confined to persons who were honoured
with a public funeral u In the heroic ages gamea
1. (Paus., i., 23, $ 11.} 2. (Etym. Mag. and Harpocr., s. v.
Thoophrast., Char., 14.) 3. (Thucyd., ii., 34. Paus., i., 29, <>
4.) 4. (Demnsth., c. Eubul., p. 1307 c. Macart., 1077.
; Cic., 1. 2. (Lys., c. Diog., p. 905.)
(Id., ii., 26.) 3. (Demogth.,c.
De Leg., ii., 26.) 5. (Excursion in Asia Minor, p. 219.) 6. (lb., Steph., i., p. 1125, 15.)-^. (Cic., 1. c.)
5. (1. c.) 6. (pi. 3.)
7. (Itx, p. 24508. (Petron., c. Ill ) 9. (Cic., De 7. (pi.44, 46.) 8. (Peint. de Vases Ant., vol. ii., pi. 51.) 9
/.,
L2fi.) 25.) (pi. 1.) 10. (Plut., Them , 32011. (Cic , De 2)
Leg., \i.,
MMM 457
FUNDS.
r*re eeMiratod at the funeral of a great man, as in xoai -
1
Aristophanes alludes to th
l
the case of I'atroclus but this practice does not
;
rpira. The principal sacrifice, however, to the
rem to have been usual in the historical times. dead was on the ninth day, called Ivvara or Ivara*
The mourning for the dead appears to have lasted
the thirtieth day after the funeral, 3 on which
till
4
day sacrifices were again offered. At Sparta the
time of mourning was limited to eleven days.*
During the time of mourning it was considered in-
decorous for the relatives of the deceased to appear
in public :* they were accustomed to wear a black
7
dress, and in ancient times cut off their hair as a
sign of grief (H/16/ca/zof nevdr/rf/piof*).
The tombs were preserved by the family to which
they belonged with the greatest care, and were re-
garded as among the strongest ties which attached
a man to his native land. 9 In the Docimasia of the
Athenian archons it was always a subject of inquiry
whether they had kept in proper repair the tombs
of their ancestors. 10 On certain days the tombs
were crowned with flowers, and offerings were
made to the dead, consisting of garlands of flowers
and various other things for an account of which,
;
Kttnst, & 428, 2.) 6. (Ouow viii., 140.) 15. (Plut., Them., 32. Thucyd., i., 134.)
458
FUNUS. FUNUS.
( BIDENTAL.)
Vid. night, because they could not afford to have anv
We now proceed to give an account of Roman funeral procession. 8 The corpse was usually car-
mnerals. They were conducted, in some respects, ried out of the house (c/ercbatur) on the eighth diiy
in the same manner as Greek funerals but as they ; after the death.* The order of the funeral pro-
differ in many important particulars, a separate ac- cession was regulated by a person called Dtsignator
count of each is given in this article. or Dominus Funeris, who was attended by Jictora
When a Roman was at the point of death, his dressed in black.* It was headed by musiciAr.s of
nea) ;st relative present endeavoured to catch the various kinds (cornicines, siticincs), who playeil
last breath with his mouth.* The ring was taken mournful strains, 4 and next came mourning women,
off the finger of the dying person ;* and as soon as called Prajicae.* who were hired to lament and sing
he was dead, his eyes and mouth were closed by the funeral song (neznia or lessua) in praise of the
the nearest relative, 4 who called upon the deceased deceased. These were sometimes followed by play
r
by name (inclamare, conclamare), exclaiming have or ers and buffoons (ftcttr hislriones), of whom one, ,
vale.
1
The corpse was then washed, and anointed called Archimimus, represented the character of the
with oil and perfumes by slaves, called Pollinctores, deceased, and imitated his words and actions. 7
who belonged to the Libitinarii, or undertakers, Then came the slaves whom the deceased had lib-
called by the Greeks ve/cpo0u7rrat. 8 The Libitinarii erated, wearing the cap of liberty (pileati); the
appear to have been so called because they dwelt number of whom was occasionally very great, since
near the Temple of Venus Libitina, where all things a master sometimes liberated all his slaves in his
requisite for funerals were sold.' Hence we find will, in order to add to the pomp of his funeral.*
the expressions vita-re Libitinam and evadere Libiti- Before the corpse the images of the deceased and
nam used in the sense of escaping death. 10 At this of his ancestors were carried, 9 and also the crowns
temple an account (ratio, ephemeris) was kept of or military rewards which he had gained.
10
those who died, and a small sum was paid for the The corpse was carried on a couch (lecticd), to
11
registration of their names. which the name of Feretrum 11 or Capulum 1 * was usu-
A small coin was then placed in the mouth of the ally given but the bodies of poor citizens and of ;
18
corpse, in order to pay the ferryman in Hades, slaves were carried on a common kind of bier or
and the body was laid out on a couch in the vesti- coffin, called Sandapila. 13 The Sandapila was car-
bule of the house, with its feet towards the door, ried by bearers, called Vespa or Vespillones, 1 * be-
and dressed in the best robe which the deceased cause, according to Festus, 15 they carried out the
had worn when alive. Ordinary citizens were corpses in the evening (ecspertino temporc). The
dressed in a white toga, and magistrates in their couches on which the corpses of the rich were car-
13
official robes. If the deceased had received a ried were sometimes made of ivory, and covered
16
crown, while alive, as a reward for his bravery, it with gold and purple. They were often carried
was now placed on his head, 1 * and the couch on on the shoulders of the nearest relatives of the de-
17
which he was laid was sometimes covered with ceased, and sometimes on those of his frtedmen. 1 *
leaves and flowers. A branch of cypress was also Julius Caesar was carried by the magistrates, "* and
20
usually placed at the door of the house, if he was Augustus by the senators.
a person of consequence. 1 * The relatives of the deceased walked behind the
funerals were usually called funera justj, or ex- corpse in mourning his sons with their heads veil- ;
sequia ; the latter term was generally applied to ed, and his daughters with their heads bare and
the funeral procession (pompa funebris). There their hair dishevelled, contrary to the ordinary prac-
were two kinds of funerals, public and private of tice of both.* 1 They often uttered loud lamenta-
;
which the former was called funus publicum or in- tions, and the women beat their breasts and tore
1'
dictivum, because the people were invited to it by a their cheeks, though this was forbidden by the
herald 17 the latter, funus taciturn, 1 * translatitium,
; Twelve Tables (Mulicres gcnas ne radunto 3*). If the
or plebeium. A person appears to have usually left deceased was of illustrious rank, the funeral pro-
a certain sum of money in his will to pay the ex- cession went through the Forum, 23 and stopped be-
penses of his funeral but if he did not do so, fore the rostra, where a funeral oration (laudai >) in
;
nor appoint any one to bury him, this duty devolved praise of the deceased was delivered.** This prac-
upon the persons to whom the property was left, tice was of great antiquity among the Romans, and
and if he died without a will, upon his relatives ac- is said by some writers to have been first introduced
10
cording to their order of succession to the property. by Poplicola, who pronounced a funeral oration in
The expenses of the funeral were in such cases de- honour of his colleague Brutus. 25 Women, also,
cided by an arbiter according to the property and were honoured by funeral orations.*' From the
rank of the deceased,* whence arbitria is used to Forum the corpse was carried to the place of
1
signify the funeral expenses.** The following de- burning or burial, which, according to a law of
scription of the mode in which a funeral was con-
1. (Serv. ad Virg., .(En., xi., 143. Isidor., xi., 2. Id., xx., 10 )
ducted only applies strictly to the funerals of the
(Festus, s. v. VesptE. Sueton., Dom., 17. Dionys. Hal,
.
great the same pomp and ceremony could tot, of iv., 40.) 3. (Serv. ad Virg., ^En., v., 64.) 4. (Donat. ad Ter.,
;
Adelph., I., ii., 7. Cic., De Leg., ii., 24. Hor., Ep., I., vii., 6.>
1. (jEschin., c.
Ctes., p. 636, 637.) 2. 23.
(Eurip., Sup-jl., 935.) 5. (Cic., Ib., ii., Cell.,
xx., 2.) 6. (Festus, a. v.) 7
3. (Artemid., Oneirocr., ii., 9, p. 146.) 4. (Virg., JEn., iv., (Suet., Vesp., 19.) 8. iv.. 24.
(Dionys. Hal., Compare LIT.,
884. Cic., Verr., v., 45.) 5. (Suet., Tib., 73.) 6. (Virg., JEn., xxxviii., 55.) 9. (Cic., Pro
Mil., 13. Dion Cuss., Ivi., 134.
ix., 487.) 7. (Ovid, Trist., III., iii., 43. Id., Met./x., 62. Id., Plin., II. N.,xxxv., 2.) 10. (Cic., De Leg., ii., 24.) 11. (Varro,
Fast., iv., 852. Catull., ci., 10.) 8. (Dig. 14, tit. 3, s. 5, $ 8.) De Ling. Lat., v., 166.) 12. (Fest., s. v.) 13. (Mart., ii., 81. Id.,
9. (Senec., De Benef., vi., 38. Plut., Quzst. Rom., 23. " Vilis area:"
m.ii m ni... xt 10 \ 1A /TT /-t . TTT
Liv.,
a VIIL, Ixxv., 14. Juv., viii., 175.
14. (Suet., Dom., 17.
Hor., Sat., I.,
15. (.
viii., 9.) Mart., I., xxxi., 48.)
v.) 16. (Suet., Jul., 84.) 17. (Val. Max., vii., 1, <) 1. Hor.,
Sat., II., viii., 56.) 18. (Pers., iii., 106.) 19. (Suet.. Jul., 84.)
20. (Suet., Octav., 100. Tacit., Ann., i., 8.) 21. (Plut.,
lii., 442. Hoc., Carm., II., xiv., 23.) 16. (Tacit., Ann., vi., 11.) Quaest. Rom., 14.) 22. (Cic., De Lc., ii., 23.) 23. (Dionjn.
Hal., iv., 40.) 24. (Dionys. Hal., v., 17. Cic., Pro Mil., 13.
Id., De Oral., ii., 84. -Suet., Jul., 84. Id., Octav., 100.) S3
(Plut.. Poplic., 9. Dionys. Hal., v., 17.) 26. (Cic., De Orml
ii., 11. Suet., Jul., 26. Id.. Cal., 10.)
459
FUNUS. FUNUS.
Oie Iwelve Tables, was obliged to be outside the fond of blood ; but afterward gladiators, called Bus-
city.
1
tuarii, were hired to fight round the burning pile.
The Romans in the most ancient times buried (Vid. BUSTUM.)
8
their dead, though they also early adopted, to someWhen the pile was burned down, the embers
were soaked with wine, and the bones and ashes
extent, the custom of burning, which is mentioned
3
in the Twelve Tables. of the deceased were gathered by the nearest rela-
Burning, however, does
not appear to have become general till the latertives,
1
who sprinkled them with perfumes, and
times of the Republic Marius was buried, and placed them in a vessel called urna* which was
;
Sulla was the first of the Cornelian gens whose made of various materials, according to the cir-
body was burned.* Under the Empire burning was cumstances of individuals. Most of the funeral
almost universally practised, but was gradually dis- urns in the British Museum
are made of marble, al-
continued as Christianity spread, 4 so that it had abaster, or baked clay. are of various shape?
They
fallen into disuse in the fourth century.' Persons but most commonly square or round and upon ;
struck by lightning were not burned, but buried on them there is usually an inscription or epitaph (tit-
the spot, which was called Bidental, and was con- ulus or epitaphium), beginning with the letters D.
sidered sacred. (Vid. BIDENTAL.) Children, also, M. S. or only D. M., that is, Dis MANIBUS SACRUM,
who had not cut their teeth, were not burned, but followed by the name of the deceased, with the
buried in a place called Suggrundarium. 1 Those length of his life, &c., and also by the name of the
who were buried were placed in a coffin (area or person who had the urn made.. The following ex-
8
loculus), which was frequently made of stone, and amples, taken from urns in the British Museum,
sometimes of the Assian stone, which came from will give a general knowledge of such
inscriptions.
Assos in Troas, and which consumed all the body, The first is to Serullia Zosimenes, who lived 26
with the exception of the teeth, in 40 days,' whence years, and is dedicated by her son Prosdecius :
1. (Cic., Do
Leg., ii., 23.) 2. (Plin., H. N., vii., 55.) 3.
(t^io., 4. (Cic., Ib., ii., 22.)
1. c.) 5. (Mimic. Felix, p. 327, ed.
Guzel, 1672.) 6. (Macrob., vii., 7.) 7. (Plin., H. N., vii., 15.
Juv., xv., 140. Fulgent., De
prise, serm.,7.) 8. (Val. Max., .,
1. f> 12. Aurel. Viet., De
Vir. Illustr., 42.) 9. H. (Plin.,
i N.,
96 xxxvi., 27.)
,
10. (Juv., x., 172. Digr. 34. tit. 1, s. 18, $ 5.
Orelli, Inscr., No. 4, 4432, 4554.) 11. (ad Virg., JEn x
185.) 12. (Virg., JEn., vi., 177.) 13. (Ovid, Trist.,
III., xii .,
21.) 14. (Cic., De Leg-., ii., 23.) 15. (Virg., ^n., vi.,
215.)
16. (Virg. et Ovid, 1. c. Sil. Ital., x., 535.) 17. (Tibull., I.,
61.) 18. (1. c.) 19. (Virg., JEa., vi., 225. Stat., Theb., v .,
225. Stat., Theb., vi., 126. Lucan., ix.. 175.) 20. (Gruter 1. (Virg., JEn., vi., 226-228. Tibull., I., iii., f Id., III., a.,
755, 4; 656, 3. 21. (Virg., JEn., xi., 188. "
Orelli, 4384, 4385.) 10. Suet., Octav., 100.) 2. (Ovid, ATI., iii., ix., 59. .Fenuii
~-Tac t., Ann., ii., 7.) 22. (Suet Claud.. 1.) urna:" Tacit., Ann., iii., 1.)
460
FUNUS. FUNUS.
After the bones and ashes of the deceased had heirs were often ordered by the will of the deceased
been placed in the urn, the persons present were to build a tomb for him ; l and they sometimes did
thrice sprinkled by a priest with pure water from a it at their own expense (de suo), which is not un-
Branch of olive or laurel for the purpose of purifica- frequently recorded in the inscription on funeral
tion l after which they were dismissed by the pra-
; monuments, as in the following example taken from
fica, or some other person, by
the solemn word / li- an urn in the British Museum :
9
that their departure they were
ire licet. At
cet, is,
Dns MANIBVS
accustomed to bid farewell to the deceased by pro- L. LEPIDI Kr.\nii:.i:
3
nouncing the word Vale. PATRIS OPTIMI
placed in sepulchres, which, as al-
The urns were It. LEPIDIVS
ready stated, were outside the city, though in a few MAXIMVS F.
cases we read of the dead being buried within the
DE. Svo.
city. Thus Valerius, Publicola, Tubertus, and Fa-
bricius were buried in the city ; which right their Sepulchres were originally called busta,* but tnia
descendants also possessed, but did not use.* The word was afterward employed in the manner meti-
vestal virgins and the emperors were buried in the tioned under BUSTUM. Sepulchres were also fre-
city,according to Servius,* because they were not quently called Monumental but this term was also
bound by the laws. By a rescript of Hadrian, those applied to a monument erected to the memory of a
who buried a person in the city were liable to a person in a different place from where he was bu-
penalty of 40 aurei, which was to be paid to the fis- ried.* Conditoria or conditiva were sepulchres un-
cus and the spot where the burial had taken place
;
der ground, in which dead bodies were placed en-
was confiscated.' The practice was also forbidden tire, in contradistinction to those sepulchres which
7
by Antoninus Pius and Theodosius II.* contained the bones and ashes only. They an>
The verb sepelire, like the Greek ^UTTTSIV, was swered to the Greek vnbyeiov or iino-yaiov. (Vid.
applied to every mode of disposing of the dead,' CONDITORIUM.)
and sepulcrum signified any kind of tomb in which The tombs of the rich were commonly built ot
the body or bones of a man were placed (Sepul- marble, and the ground enclosed with an iron railing
cnim est, ubi corpus ossave hominis condita sunt 19 ). or wall, and planted round with trees.' The extent,
The term humare was originally used for burial in of the burying-ground was marked by Cippi. ( Vid-
the earth, 11 but was afterward applied, like sepelire, CIPPUS.) The name of Mausoleum, which was ori-
to any mode of disposing of the dead since it ap- ; ginally the name of the magnificent sepulchre erect-
pears to have been the custom, after the body was ed by Artemisia to the memory of Mausolus, king
1*
burned, to throw some earth upon the bones. of Caria,' was sometimes given to any splendid
The
places for burial were either public or pri- tomb. 7 The open space before a sepulchre was
vate. The public places of burial were of two called forum (vid. FORUM), and neither this space
kinds ; one for illustrious citizens, who were buried nor the sepulchre itself could become the property
at the public expense, and the other for poor citi- of a person by usucapion. 8
zens, who could not afford to purchase ground for Private tombs were either built by an individual
the purpose. The former was in the Campus Mar- for himself and the members of his family (sepulcra
tius, which was ornamented with the tombs of the familiaria), or for himself and his heirs (sepulcra
illustrious dead (aid. CAMPUS MARTIUS), and in the hereditaria 9 ). A tomb which was fitted up with
13
Campus Esquilinus ; the latter was also in the niches to receive the funeral urns was called co-
Campus Esquilinus, and consisted of small pits or lumbarium, on account of the resemblance of these
l*
caverns, called puticuli or puticula ; but as this niches to the holes of a pigeon-house. In these
place rendered the neighbourhood unhealthy, it was tombs the ashes of the freedmen and slaves of great
given to Maecenas, who converted it into gardens, families were frequently placed in vessels made of
and built a magnificent house upon it. Private pla- baked clay, called ollce, which were let into the
ces for burial were usually by the sides of the roads thickness of the wall within these niches, the lids
leading to Rome; and on some of these roads, such only being seen, and the inscriptions placed in front
as the Via Appia, the tombs formed an almost un- A representation of a columbarium is given on page
interrupted street for many miles from the gates of 288.
the city. They were
frequently built by individuals Tombs were of various sizes and forms, accord-
1S
during their lifetime thus Augustus, in his sixth
; ing to the wealth and taste of the owner. Th fol-
consulship, built the Mausoleum for his sepulchre lowing woodcut, which represents part of the street
between the Via Flaminia and the Tiber, and plant- of tombs at Pompeii, is taken from Mazois,
ed round it woods and walks for public use. 2 ' The peiana, part )'., pi. 18.
All these tombs were raised on a platform of ma- of Naevoleia Tyche it consists of a square build
;
conry above the level of the footway. The first ing, containing a small chamber, and from the lev<;/
building on the right hand is a funeral triclinium, of the outer wall steps rise, which support a marble
which presents to the street a plain front about cippus richly ornamented. The burial-ground of
twenty feet in length. The next is the family tomb Nestacidius follows next, which is surrounded by a
low wall next to which comes a monument erect-
;
(Suet., Octav., 100.) 8. (Cic., De Leg., ii., 24.) 9. (Vif. 11, tit 7, s.5.)
461
FUNUS. FUNUS.
building is solid, and was not, therefore, a place of have been given at the time of the funeral, some-
burial, but only an honorary tomb. The wall in times on the Novendiale, and sometimes later.
front is scarcely four feet high, from which three The name of Silicernium was given to this feast, 1
steps lead up to a cippus. The back rises into a of which the etymology is unknown. Among the
pediment and the extreme height of the whole
;
tombs at Pompeii there is a funeral triclinium for
from the footway is about seventeen feet. An un- the celebration of these feasts, which is represented
occupied space intervenes between this tomb and in the annexed woodcut. 8 It is open to the sky,
the next, which bears no inscription. The last and the walls are ornamented by paintings of ani-
building on the left is the tomb of Scaurus, which mals in the centre of compartments, which havo
is ornamented with bas-reliefs representing gladia- borders of flowers. The triclinium is made of stone,
torial combats and the hunting of wild beasts. with a pedestal in the centre to receive the table.
The tombs of the Romans were ornamented in
various ways, but they seldom represented death in
a direct manner. 1 A
horse's head was one of the
most common representations of death, as it signi-
fied departure ; but we rarely meet with skeletons
uoon tombs. The following woodcut, however,
Tacit., Hist., ii., 95. Suet., Cal., 15. Id., Ner., 57. Cic.,
Leasing, "Wie die 9. (Dig. 40, tit 4, s. 44.) 10. (Festus, 8. v.
1.(Miiller, Archzeol. der Kunst, Q 431. Phil., i., 6.)
Alten den Tod geliildet haben ?") 2. (Mazois, Pomp., i., pi. 29.) Varro, De Ling. Lat., vi., 13. Ovid, Fast., ii., 565-570. Cic.
9. (Gaius, ii..4,6.)^l. (Dig. 11, tit. 7,n. 2.) 5. (Dig. 47, tit. ad Alt., viii., 14.) 11. (Juv., x., 245.) 12. (Herodian, iv., %.)
IS Compare Cic., Tusc., i., 12. Cic., De Leg., ii., 22.) 6. 13. (Herodian, 1. c. Terent., Heaut., II., iii., 47.) 14. (Snet.,
15. (Dion Cas., hri.
0%. 47, tit. 12, s. 11.) 7. (11, tit. 7.) 8. (Festus, s. v. "Aqua Jul., 67. Id., Octav., 23. Id., Cal., 24.)
et Irni.") 9. (Festus, s. v.) 10. (Festus, s. v. Cic., De Leg., 43.) 16. (Ovid, Fast., iii., 134. Senec., Eoist., 63. Id.. COB
ad Horat., Epod., xvii., 48.) sol. ad Helv. 16 1
i., 22.)- -11. (Porphyr.
462
FURTUM. PUKTUM.
'toe courts of justice did not sit, the shops weio haps there might be in such case an a<;tio ntilia
shut, and the soldiers freed from military duties. 1 under the lex Aquilia, which ave such an action
In a public mourning the senators did not wear the even in thb ^ase of culpa. (Vid. L) AM NUM.)
latus clavus and their rings, 1 nor the magistrates Furtum was either manifesturn or nee manifest-
their badges of office. 1 urn. It was clearly manifestum when the person
FURCA, which properly means a fork, was also was caught in the act but in various other cases
;
the name of an instrument of punishment. It was there was a difference of opinion as to whether the
a piece of wood in the form of the letter A, which furtum was manifestum or not. Some were of
was placed upon the shoulders of the offender, opinion that it was furtum manifestum so long
whose hands were tied to it. Slaves were frequent- the thief was engaged in carrying the thing to the
ly punished in this way, and were obliged to carry place to which he designed to carry it and others
;
about the furca wherever they went ;* whence the maintained that it was furtum manifestum if the
appellation of furcifer was applied to a man as a thief was ever found with the stolen thing in his
term of reproach. 8 The furca was used in the an- possession. That which was not manifestum was
cient mode of capital punishment among the Ro- nee manifestum. Furtum conceptual and oblatum
mans the criminal was tied to it, and then scourged were not species of theft, but species of action. It
:
to death. The palibulum was also an instrument was called conceptum furtum when a stolen thing
of punishment, resembling the furca it appears to was sought and found, in the presence of witness
;
have been in the form of the letter II. 7 Both the es, in the possession of a person, who, though he
furca and patibulum were also employed as crosses, might not be the thief, was liable to an action
to which criminals appear to have been nailed (in called furti concepti. If a man gave you a stolea
9
furca suspendere ). thing, in order that it might be found (r.onciperetur)
FURIO'SUS. (Viu. CORATOR, p. 329.) in your possession rather than his, this was called
FURNUS. (Vid FORNAX, PISTOR.) furtum oblatum, and you had an action furti
FUROR. (Vid. CURATOR, p. 329.) oblati against him, even if he was not the thief.
FURTI ACTIO. (Vid. FURTUM.) There was also the action prohibit! furti against
FURTUM, theft," is one of the four kinds of him who prevented a person from searching for a
'
was furtum, and contrectatio is defined to be " loco committed theft was flogged and consigned (addictus)
movere." But a man might commit theft without to the injured person but whether the thief became ;
carrying off another person's property. Thus it was a slave in consequence of this addictio, or an adju-
furtum to use a thing deposited (depositum). It was dicatus, was a matter in dispute among the ancient
also furtum to use a thing which had been lent for Romans. The edict subsequently changed the pen-
use, in a way different from that which the lender alty into an actio quadrupli, both in the case of a
had agreed to but with this qualification, that the slave and a freeman. The penalty of the Twelve
;
borrower must believe that he was doing it against Tables, in the case of a furtum nee manifestum,
the owner's consent, and that the owner would not was duplum, and this was retained in the edict in :
consent to such use if he was aware of it for dolus the case of the conceptum and oblatum it was trip-
;
malus was an essential ingredient in furtum. Ac- lum, and this also was retained in the edict. In the
cordingly, both dolus malus on the part of the per- case of prohibitum, the penalty was quadruplum,
son charged with furtum, and the want of consent according to the provisions of the edict for the law ;
on the part of the owner of the thing, were neces- of the Twelve Tables had affixed no penalty in this
sary to constitute furtum. Another requisite of case, but merely enacted that if a man would search
furtum 9 is the " lucri faciendi gratia," the intention for stolen property, he must be naked all but a cloth
of appropriating another person's property. This round his middle, and must hold a dish in his hand.
was otherwise expressed by saying that furtum If he found anything, it was furtum manifestum.
consisted in the intention (furtum ex affectu consis- The absurdity of the law, says Gains, is apparent ;
tit). It was not necessary, in order to constitute for if a man would not let a person search in hit
furtum, that the thief should know whose property ordinary dress, much less would he allow l;ii n
the thing was. A person who was in the power of search undressed, when the penalty would be si
another, and a wife in manu, might be the objects much more severe if anything was found.
1
of furtum. A debtor might commit furtum by ta- The actio furti was given to all persons wbo haV
king a thing which he had given as a pledge (pignori) an interest in the preservation of the thing s>toici
to a creditor, or by taking his property when in (cujus interest rem snlcam esse), and the owner en
the possession of a bona fide possessor. Thus there a thing, therefore, had not necessarily this action
might be furtum of a thing itself, of the use of it, A creditor might have this action even against th<
and of the possession. owner of a thing pledged, if the owner was the
A person might commit furtum by aiding in a fur- thief. A person to whom a thing was delivered
turn, as if a man should jostle you in order to give (bailed) in order to work upon it, as in the case of
another the opportunity of taking your money or clothes given to a tailor to mend, could bring this
;
drive away your sheep or cattle in order that an- action, and not the owner, for the owner had an
other might get possession of them but if it were action (locati) against the tailor.
: But if the tailor
done merely in a sportive way, and not with a view was not a responsible person, the owner had his
of aiding in a theft, it was not furtum, though per- action against the thief, for in such case the owner
had an interest in the preservation of the thing.
1. (Tacit, Ann., i., 16. Id. ib., ii., 82. LIT., ix., 7. Suet.,
Cal., 24.) 2 (Liv., ix., ".) 3. (Tacit., Ann., iii., 4. Meureius, The rule was the same in a case of commodaturo
de Funere. Stackelherg, " Die Grtber der Hellenen," Berl., (vid. COMMODATUM) but in a case of depositura,
;
"
1837. Kirchmann, De Funeribus Romania." Becker, Chari- the depositee was under no obligation for the sate
kles, vol. ii., p. 166-210. Callus, vol. ii., p. 271-301.) 4. (Do-
of the thing (custodiam prastare), and he
nat. ad Ter., Andr., HI., v., 12. Plut., Coriol., 24. Plaut., custody
Cas., II., vi., 37.) 5. (Cic. in Vatin., 6.) 6. (Liv., i.. 2t>. was under no liability except in the case of dolus ;
the power of another committed furtum, the actio the case of a res furtiva, which was provided for jt>
farti was against the latter. the Twelve Tables.
The right of action died with the offending per- (Gaius, iii., 183-209. Gellius, xi., 18. Dig. 47
son. If a peregrinus committed furtum, he was tit. 2. Inst. 4,
tit. 1. Dirksen, Uebersicht, &c., p
made liable to an action by the fiction of his being 564-594. Heinec., Syntag., ed. Haubold. Rein.,
a Roman citizen ; l and by the same fiction he had Das Rom. Recht., p. 345. Rosshirt, Grundlinien^
a right of action if his property was stolen. &c. Marezoll, Lehrbuch, &c.)
He who took the property of another by force was FU'SCINA (rpiaiva), a Trident more commonly ;
guilty of theft, inasmuch as he took it against the called tridens, meaning tridens stimulus, because it
will of the owner but in the case of this delict, the
;
was originally a three-pronged goad, used to incite
praetor gave
a special action vi bonorum raptorum. horses to greater swiftness. Neptune was supposed
The origin of the action vi bonorum raptorum is re- to be armed with it when he drove his chariot, and
ferred by Cicero to the time of the civil wars, when it thus became his usual attribute,
perhaps with an
men had become accustomed to acts of violence allusion, also, to the use of the same instrument in
and to the use of arms against one another. Ac- harpooning fish. (See woodcuts, p. 187, 245. )
l
cordingly, the edict was originally directed against With it (trifida, cuspide*) he was said to have broken
those who, with bodies of armed men (hominibus a passage through the mountains of Thessaly fot
armatis coactisque), did injury to the property of the river Peneus. The trident was also attributed
3
another or carried it off (quid aut rapuerint aut dam- Jo Nereus and to the Tritons.*
ni dedcrint). With the establishment of order under In the contests of gladiators, the Reliarius was
the Empire the prohibition against the use of arms armed with a trident. 6
was less needed, and the word armatis is not con- FUSTUA'RIUM (frhoKotria) was a capital pun-
tained in the edict as cited in the Digest.* The ishment inflicted upon Roman soldiers for deser-
application of the edict would, however, have still tion, theft, and similar crimes. administer- It was
been very limited, if it had been confined to cases ed in the following manner : When
a soldier was
where numbers were engaged in the violence cr condemned, the tribune touched him slightly with a
robbery and, accordingly, the jurists discovered
; stick, upon which all the soldiers of the legion fell
that the edict, when properly understood, applied upon him with sticks and stones, and generally kill-
also to the case of a single person committing dam- ed him upon the spot. If, however, he escaped, for
num or carrying off property. Originally the edict he was allowed to fly, he could not return to his na-
comprehended both damnum and bona rapta, and, tive country, nor did any of his relatives dare to re-
indeed, damnum effected vi hominibus armatis co- ceive him into their houses. 8 This punishment
actisque was that kind of violence to the repression continued to be inflicted in the later times of the
7 8
Df which the edict was at first mainly directed. Republic, and under the Empire.
Under the Empire the reasons for this part of the Different from the fustuarium was the animad-
edict ceased, and thus we see that in Ulpian's time versio fustium, which was a corporeal punishment
the action was simply called " vi bonorum rapto- inflicted under the emperors upon freemen, but only
rum." In the Institutes and Code the action applies those of the lower orders (tenuiores*). It was a
to robbery only, and there is no trace of the other less severe punishment than the flogging with fla-
gella, which punishment was confined to slaves.
1*
part of the edict. This instructive illustration of
the gradual adaptation, even of the edictal law, to (Vid. FLAGRUM.)
circumstances, is given by Savigny,* who has also FUSUS (urpaKTOf), the Spindle, was always,
given the masterly emendation of Dig. 47, tit. 8, s. when in use, accompanied by the distaff (colus, jyAa-
2, 7, by Heise. KUTI)), as an indispensable part of the same appa-
Besides the actio furti, the owner of the thing ratus. 11 The wool, flax, or other material having
nad a personal action :br the recovery of the stolen been prepared for spinsing, and having sometimes
thing (rci persccuno) or its value (condictio fur two) been dyed (iodvetyec elpof ^ovtro 1 *), was rolled into a
against a thief and his heredes, as well as the rei ball (Tohvmj, glomus 13 ), which was, however, suffi-
vindicatio, the reason of which is given by Gams.* ciently loose to allow the fibres to be easily drawn
Infamia was a consequence of condemnation in the out by the hand of the spinner. The upper part of
actio furti. the distaff was then inserted into this mass of flax
The
strictness of the old law in the case of ac- or wool (colus comta 1 *), and the lower part was held
tions of theft was gradually modified, as already under the left arm in such a position as was most
shown. By the law of the Twelve Tables, if theft convenient for conducting the operation. The fibres
(furtum) was committed in the night, the thief, if were drawn out, and, at the same time, spirally
caught in the act, might be killed and he might
: twisted, chiefly by the use of the fore finger and
also be killed in the daytime if he was caught in thumb of the right hand (6aKTi>?ioif /Uc<re ; 15 pollice
the act, and defended himself with any kind of a docto) and the thread (Jilum, stamen, vrjp.a) so pro-
;
weapon (telum) if he did not so defend himself, he duced was wound upon the spindle until the quan-
was whipped, and became addictus if a freeman (as tity was as great as it would carry.
above stated) and if a slave, he was whipped and
;
thrown down a precipice. 1. (Horn., II., xii., 27. Od., iv., 506. Ib., v., 292. Virg..
The following are peculiar kinds of actiones furti : Georg., i., 13. Id., JEn., i., 138, 145* Ib., ii., 610. Cic., D
Nat. Deor., i., 36. Philostr., Imag., ii., 14.) 2. (Claud., De
1. Actio de tigno juncto, against a person who em-
Rap. Pros., ii., 179.) 3. (Virg., JEn., ii., 418.) 4. (Accius, ap.
ployed another person's timber in his building 2. ; Cic., De Nat. Deor., ii., 35. Mart., i., 26, 3.) 5. (Juv., ii., 148.
\ctio arborum furtim caesarum, against a person Ib., viii., 203. Vid. GLADIATOR.) (Polyb., vi., 37.
6. Com-
pare Liv., v., 6.) 8.
7. (Cic., Phil., iii., 6.) (Tacit., Ann., iii.,
who secretly cut wood on another person's ground ;
21.) 9. (Dig. 48, tit. 19, s. 28, $ 2.) 10.
(Dig. 48, tit. 19, s. 10.,
47, tit. 10, s. 45.) 11. (Ovid, Met., iv., 220-229.) 12. (Horn.,
" Ue-
(Oaius, iv., 37.) 2. (47, tit. 8.) 3. (Zeitschrift, v.
1 Od., iv., 135.)13. (Hor., Epist., i, 13, 14. Ovid, Met.,vi., 19.)
b&r Cicero pro Tullio und die Actio vi bonorum raptorum.") 4. 14. (Plin., H. N., viii., 74.) 15. (Eurip., Orest., 1414.) 1.
(>*, 4-) (Clud., De Prob. Cons., 177.)
464
FUSUS. GALE
The spindle was
a stick ten oc twelve inches also exhibited in the representations of the three
Jong, slit or catch (dens, uyKta-
having at the top a Fates, who were conceived, by their spinning, to
rpov, in which the thread was fixed, so that the !
determine the life of every man and, at the same
;
weight of the spindle might continually carry down time, by singing, as females usually did while they
the thread as it was formed. Its lower extremity sat together at their work, to predict his future lot. 1
was inserted into a small wheel, called the whorl
(vorticellum'), made of wood, stone, or metal (see G.
woodcut), the use of which was to keep the spindle
more steady, and to promote its rotation for the : GABINUS CINCTUS. (Vid. TOGA.)
spinner, who was commonly a female, every now G.'ESUM (yamof), a term probably of Celtic ori-
and then twirled round the spindle with her right gin, denoting a kind of javelin which was used by
hriiul, so as to twist the thread still more complete-
1
the Gauls wherever their ramifications extended
ly;
and whenever, by its continual prolongation, it Hody, in order to prove the comparatively late date
let dowr the spindle to the ground, she took it out of the Septuagint version of the book of Joshua, in
of the sl.t, wound it upon the spindle, and, having which this word occurs, 8 has proved that it was not
replaced it in the slit, drew out and twisted another known to the Romans, Greeks, or Egyptians until
length. All these circumstances are mentioned in some time after the death of Ptolemaeus Lagi. 4 It
2
detail by Catullus. The accompanying woodcut is was a heavy weapon, 8 the shaft being as thick as a
taken from a series of bas-reliefs representing the man could grasp, and the iron head barbed, and of
arts of Minerva upon a frieze of the Forum Palladium an extraordinary length compared with the snaft."
at Rome. It shows the operation of spinning at The Romans adopted the use of the gaesum from
the moment when the woman has drawn out a suf- the Iberians. 7
ficient length of yarn to twist it by whirling the *GAGA'TES LAPIS (yaydr M6of), a specie* w
spindle with her right thumb and fore finger, and of Fossil, supposed to have been the same with
previously to the act of taking it out of the slit to the modern Jet. This last is si ill even called Gaga-
wind it upon the bobbin (irijviov) already formed. tes by some mineralogists, a name derived from the
river Gagas, in Lycia, about whose mouth this min-
eral was found. 8
" The "
Gagate," says Adams, la
a fossil bituminous substance, containing carbon and
ethereal oil. Without doubt it is jet, which, in the
systems of modern mineralogists, is held to be a
variety of lignite. The Gagate is called 'Black
Amber' by Pliny and, in ; fact, it is nearly allied to
amber for, when rubbed
;
for some time, it becomes
electric like amber."*
GAIUS. (Vid. INSTITUTIONES.)
*GALACTI'TES LAPIS (yaAa/crtTj/f Wofi,
stone of an ashen colour, according to Dioscorides
sweet taste, and yielding a milky juice when tritura-
ted. Pliny makes it to have been of a milky col-
our, and to have been brought from the vicinity of
the Nile. 10 (Vid. GAI.AXIAS )
*GALAX'IAS LAPIS (yaXal-iaf), a stone of an
ashen colour, intersected sometimes with white and
The was about three times the length of " It
distafi' red veins. may be gathered from Dioscorides
he spindle, strong and thick in proportion, com- and Pliny," observes Dr. Moore,"