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DICTIONARY
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GREEK AND ROMAN ANTIQUITIES.
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DICTIONARY
GREEK AND ROMAN ANTIQUITIES
kditbd bt
TV I L LI AM SMITH, LL.D.
KDITOK OF THK *' DICTION A ET OF ORBSK AND ROMAN BIOORAPHT AND MYTHOLOeV.'
*• *
ILLUSTRATED BY NUMEROUS ENGRAVINGS ON WOOD.
IMPSOTBD Aia> BITLABGED.
'BOSTON: LITTLE, BROWN, AND COMPANY.
1859.
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J7^„^tk-<^rt S y 4/ V«^»^ '^ •
LIST OF WRITERS.
nnnAi^s. mambs.
A. A. Alkxattdeb Allen, Ph. D.
W. F. I>. l^ILXIAM FiSHBURN DONKIN, 1£ A.
Fellow of University CoU^e, Oxford. W. Au G. WiLUAM Alexander GBEENHiLLy M.D.
Trinity CoUege, Oxford.
B. J. Benjamin Jowett, M.A.
FeUow of Baliol CoUege, Oxford.
C. R. K. Chables Rann Eennedt, M. A.
Late Fellow of Trinity College, Cambridge.
T. H. K. Thomas Hewitt Key, M.A.
Professor of Comparative Grammar in University Col- lege, London.
H. G. L». Hembt Geobge Liddell, M.A.
Head Master of Westminster SchooL G. L. Geobge Long, M.A.
Late Fellow of Trinity College, Cambridge. C. P. M. Chables Peteb Mason, B. A.
Fellow of University College, London. J. S. M. John Smith Mansfield, M.A.
Fellow of Trinity College, Cambridge. W. R. William Ramsat, M.A,
Professor of Humanity in the University of Glasgow
A. B. Anthony Rich, Jun. B. A.
Late of Cains College, Cambridge. L. S. Leonhabd ScHMiTz, Ph.D., F.R.S.E.
Rector of the High School of Edinbuigh. P. S. Philip Smith, B.A.
Of the University of London.
B. W. Bobebt Whiston, M. A.
Fellow of Trinity College, Cambridge* B. N. W. Ralph Nicholson Wobnum, Esq. J. X. James Yates, M. A., P. R. S.
The Articles which have no initials attached to them are written by the Editor.
PREFACE
THE SECOND EDITION,
It was inevitable that many defects should be fonnd in the first Edition of a
vork Uke tVie Dictionary of Greek and Roman Antiquities, embracing a great
variety of subjects, written by different persons, and published periodically.
Of these no one was more fully aware than the Editor; and accordingly,
when the sale of a very large impression rendered the preparation of a second
Edition necessary, he resolved to spare no pains and exertions to render the
work still more worthy of the approbation with which it had been already
received. The following will be found to be the principal improvements in
the present Edition.
1. Many of the most important articles are rewritten. This is especially the case in the earlier portion of the work, since it was originally intended to complete it in a much smaller compass than was afterwards found advisable ; and accordingly many subjects in the earlier letters of the alphabet were treated in the first Edition with a brevity which prevented the writers from giving a full and satisfactory explanation of several important points.
2. Many subjects which were entirely omitted in the first Edition are here supplied. Any one who has had experience in the arrangement of a work in alphabetical order will not be surprised that there should be many omissions in the first Edition of such a work. Some idea may be formed of the exten- sive additions made to the work, when it is stated that, including the articles which have been rewritten, the present Edition contains upwards of three hundred pages of entirely new matter.
3. Those articles which have not been rewritten have been carefully revised, and in many of them errors have been corrected, extraneous matter omitted, and much additional information given. In this part of his labours the Editor has received the most valuable assistance from Mr. George Long, Dr. Schmitz, and Mr. Philip Smith.
4. Additional iUustrations have been given by means of new woodcuts, wherever the subjects appeared to require them. Many of these new wood-
Vm PREFACE TO THE SECOND EDITION.
cuU are of considerable importance, as the reader maj see hj referring to the articles Amphitheatrumy Aquaeductus^ Columnar Templum, and many others.
6. An alteration has been made in the arrangement of the work, which will tend to facilitate its use. In the former Edition there was some inconsistency in the use of Greek, Latin, and English words for the names of articles. In the present Edition the Latin language has been always employed for the heading of the articles, except in those subjects connected with Greek Anti- quities where no corresponding words existed in Latin; as, for instance, in legal terms, and in the names of magistrates. In these cases the Greek language has been necessarily employed ; but, in compliance with a wish expressed by many persons, the Greek words are given in Latin letters, with the Greek characters subjoined.
In conclusion, the Editor has to express his regret that he is unable in any way to make the additions and alterations in the present Edition available to the purchasers of the former one. He had at one time thought of publishing them in a separate form; but he found, as the work proceeded, that this was quite impossible, on account of their great number and lengtli. In fact, the present Edition must be regarded, to a considerable extent, as a new work.
WILLIAM SMITH.
London, A^ugust Ist, 1848.
PREFACE
THE FIRST EDITION.
Ths Btady of Greek and Eoman Antiquities has, in common with all other philological studies, made great progress in Europe within the last fifty years. The earlier writers on the suhject, whose works are contained in the collections of GronoYius and GraeTias, display little historical criticism, and give no com preheDsiTe view or living idea of the public and private life of the ancients. They were contented, for the most part, with merely collecting facts, and arrang- ing them in some systematic form, and seemed not to have felt the want of any thing more : they wrote aboat antiqaity as if the people had never existed ; they did not attempt to realise to their own minds, or to represent to those of othyerB, the living spirit of Greek and Roman civilisation. But by the labours of modem scholars life has been breathed into the study : men are no longer satisfied with isolated facts on separate departments of the subject, but endea- Toor 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 Boman Antiquities, which has not received elucidation from the writings of tbe modem 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 Niebuhr's Roman History, which gave a new impulse to the ^udy, and has been succeeded by the works of Bockh, K O. Miiller, Wachs- muth. El 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 preeminent, 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, Schomann, Bunsen, - Fktner, Hudtwalcker, and others. Nor has the private life of the ancients been neglected. The discovery of Herculaneum and Pompeii has supplied
X PREFACE TO THE FIRST EDITION.
us with important information on the subject, which has also been dis- cussed with ability by several modem writers, among whom W. A. Becker, of Leipzig, deserves to be particularly mentioned. The study of ancient art like- wise, to which our scholars have paid little attention, has been diligently cul- tivated in Germany from the time of Winckelmann and Lessing, who founded the modem 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 information 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 on 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 modem writers, which will point out the sources of information on each subject, and enable the reader to extend his inquiries further if he wishes. At 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 modem authorities. This has been more particularly the case with such articles as treat of the Koman constitution and law, on which the modern writers are almost 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 reasons 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 Editor to avail himself of the assistance of several scholars who had made certain departments of antiquity their particular study. It is quite im- possible 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 whdt is meant. A liistory of the patrician and plebeian orders at Rome can
PRteFACB TO THE FIBST EDITION. Xl
only !» gained from a systematic work by putting together the sUtements con- tuned 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 respectiTe words. The same xexnark will apply to numerous other subjects.
SoQie subjects have heen included in the present work which have not usually \ieeQ tieated of in works on Greek and Roman Antiquities. These subjects haTe 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 giren to the articles on Painting and Statuary, and also to those on the diferent departments of the I>raina. There may seem to be some inconsistency and apparent capricionsness in the admission and rejection of subjects, but it is rerj 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 eztendye flgnificatioD, would comprehend an account of every thing relating to antiquity* In its narrower sense, however, the term is confined to an account of the public a!]d priyate life of the Greeks and Romans, and it is convenient to adhere to this signification of the w^ord, however arbitrary it may be. For this reason seTeral articles have heen inserted in the work which some persons may regard as out of place, and others have been omitted which have sometimes been im- properly included in writings on Greek and Roman Antiquities. 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 Boman 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 Kbich they illustrate, and the drawings have been made under their superinten- dence.* Many of these have been taken from originals in the British Museum, and others from the different works which contain representations of works of andoit art, as the Mnseo Borbonico, Museo Capitolino, Millings Peintures de Vases Antiques, Tiachhein's and D'Hancarville's engravings from Sir William HamiUon*9 Vases, and other simikr works. 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 the way in which it was used, than any explanation in words only can convey. Besides 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.
Mr. Greorge 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
• The woodcuts have been executed by Mr. John Jackson.
Xll PBBFACB TO THE FIBST EDITION.
*^ little time for other labour. The want of proper materials also was often felt, *' and it would have been sufficient to prevent the writer 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 Lincoln's Inn. These circumstances " wil], 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 estimate the *' difficulty of writing on such a subject in England, and thej will allow to hizn ** who has attempted it a just measure of indulgence. The writer claims such ** indulgence 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 unin* « telligible.'
'^ Though few modem writers have been used, compared with the whole ** number who might have been used, they are not absolutely few, and many of ** them to Englishmen 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 writera ** on various departments of 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 en- couragement 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 \? of pleasure, to make this public acknowledgment to him*
WILLIAM SMITH.
LondoD, April Sad, 184S.
DICTIONARY
GREEK AND ROMAN ANTIQUITIES.
ABACUS.
AFACUS (ItCop denoted primarilj a square talilet of anj material ; and waa hence implied in tite following ngnificatioiia : —
1. la Aithitectore it denoted the flat square stooe, vhich conititiited the highest member of a ealimiB, being placed immediately under the archi- tnre. The annexed figure is drawn from that in tike British Museunk, which was taken from the ^^Btheoon at Athenm, and is a perfect specimen of tiie capital of a Doiric column.
In the wan ornamented orders of architectnre, *tth as the Corinthian, the sides of the abacas vere anred inwards, and a rose or some other decooliea was frequently placed in the middle of <*ch side ; but the name Abacus was given to the Mane thua direnified and enriched, as well as in in or%inal fonn. (VitruT. iii 3, iv. 1. § 7.)
2. A painted panel, ooflfier, or square compart- Bent in the wall or ceiling of a chamber. (Plin. ff. N, mriJL 56, zzzr. 1, 13 ; VitruT. yii 3. 1 10 ; Letranne, Petnim', nmr. ^ 476.)
S. A wooden tray, used for a Tariety of por- poies in domestic economy. It was, for instance, the name given to the maeira (jidxTpa), ortray for koeadii^ dough. (Cradn. Frag.^ 27,ed. Runkel; Pi^uz. Ti 90, X. 105 ; Cato, IL R. 10 -, Hesych. i. a ftimr^ I SchtL ia Titoer. ir. 61.)
4. A board, eoTered with sand or dust, used by mathemataciana for drawing diagrams (EustatL m Od. i 107), and by arithmeticians for the purposes of cakulalion. (Pern Sat I 131.) For the latter nupose perpendicnlar lines or channels seem to oare been dawn in the sand upon the board ; but ■«****«■*•? the board had perpendicular wooden di- rinooa, the space oo the right hand being intended for mnts, the next space for tens, the next for hmdredi, md to on. Thus was constructed the
ABACUS. h^dntow^ i^' cZ rlm<^i(owritf^ « the abacus on which they calculate,** i, «. reckon by the use of stones (i|4^«, ealaUi). (Comp. Pol. t. 26.) The figure following represents the probable form and appear- ance of such an abacus. The reader will observe, that stone after stone might be put into the right- hand partition until they amounted to 10, when it would be necessary to take them all out as repre- sented in the figure, and instead of them to put one stone into ^e next partition. The stones in this division might in like manner amount to 10, thus representing 10 k 10m 100, when it would be necessary to take out the 10, and instead of them to put one stone into the thixd partition, and so on. On this principle the stones in the abacus, as de- lineated in the figure, would be equivalent to 359,310.
5. A board adapted for playing with dice or countors, resembling a draught-board or back- gammon-board. (Caryst ap, Ath, x. p. 435, d ; Suet Nor, 22 ; Macrob. SaL L 5.) The Greeks had a tradition ascribing this contrivance to PaUimedes, hence they called it ** the abacus of Palamedes.** (Jh UaXaintfitutp iuSdjcior, Eustath. inOd.l 107.) [Latbunculi.]
6. A table or sideboard, chiefly used for the display (exponere) of gold and silver cups. The tops of such tables were sometimes made of silver, but more usuaUy of marble, and appear in some cases to have had numerous cells or partitions be- neath, in which the plate was likewise placed. The use of abaci was first introduced at Rome from Asia Minor after the victories of Cn. Manlius Vulso, B. c. 187, and their introduction was r^arded as one of the marks of the growing luxury of the age..
B
2 ABORTIO.
(Cic VwT, IT. 16, Tvac, y. 21 ; Liv. xxxiz. 6 ; PliiL H.N, xxxviL 6 ; Petron. 73 ; Sid. ApolL xvii. 7, 8.) These abaci are Bometimes called meaiaae Ddphicae. (Cic Verr. iv. 59; Mart zii. 67; Becker, GaUus^ vol I p. 140.)
7. A part of the theatre on or near the stage.
8. The diminutire Abaculus (igaicfiricoj) de- noted a tile of marble, glass, or any other substance used for making ornamental pavements. They were of various colours. (Plin. H. N, xxxvL 67 ; Mos- chion, ap. Ath. v. 207, d.) [J. Y.J
ABACTUS VENTER. [Abortio.] ABALIENATIO. [Mancipium.] ABDICA'TIO. [MAOISTRATU&] ABOLLA, the Latin form of ijie6?iXay i, e. iyaeoX'fi, a loose woollen cloak. Nonius quotes a passage o( Vano to show that it was a garment worn by soldiers (vegtit miUtaris\ and thus op- posed to the toga. Its form and the mode of wearing it are seen in the figures annexed, taken from the bas-reliefs on the triumphal arch of Sep- timius Severus at Rome.
It was, however, not confined to military occa- sions, but was also worn in the city, (Suet OaL 35.) It was especially used by the Stoic philoso- phers at Rome as the pallium jAUoiophicum^ just as the Greek philosophers were accustomed to dis- tinguish themselves b^ a particular dress. (Juv. iv. 75; Mart iv. 58, viii. 48.) Hence the expres- sion of Juvenal (iv. 75) /acinu» tnajoria aboUae merely signifies, ** a crime committed by a very deep philosopher.^ (Heinrich,a(f«7tM7. Le,; Becker, Oalktt, vol il p. 99.)
ABO'RTIO. This word and the cognate word tAortivus, abortus, were applied to a child pre- maturely bom, whence it appears that they were also ap^ied to signify a premature birth brought about designedly. The phrase abactus venter in Paulus (<SM Reoq>, iv. 9) simply means a pre- mature birth. That abortion in the secondary sense of the word was practised among the Romans, appears from various passages and from there being an enactment against it (Dig. 48. tit 19. s. 38.) It is not stated at what time a penalty against pro- curing abortion was established. It is maintained by some modem writers that the practice of abor- tion became so common among the Romans, that combined with celibacy and other causes it mate-
ACCEPTILATIO.
rially diminished the population of Rome. But this general assertion is not sufficiently proved. The practice of abortion appears not to have been vie-wed in the same light by the Greeks and Romans aa by the Christian nations of modem times. Aria- totle in his PoUHk (viL 14), recommends it on the condition that the child has not yet got senaatioTi and life, as he expresses it In Plato*s Republic (v. p. 25), it is also permitted. At Athena, a per- son who had caused the abortion of a child by means of a potion {iif*SKD»$pi9iov\ was liable to an action (ifie^^tc^s ypa^\ but we do not know what was the penalty in case of conviction : it x^-as certainly not death. There was a speech of Lysias on this subject, which is lost (Frag. p. 8. ed. Reiske.) [G.L.J
ABROGA'TIO. [Lbx.]
ABSOLU'TIO. [JuDBx.]
ABSTINENDI BENEFI'CIUM. [Hbrbs.J
ABU'SUS. [Usus FRUCTU&]
ACAENA CAxaiyri, Jdcoiva, or in later Greek &ie€ya,in one place ^aivov) is a very ancient Greek word, for it is said to have been derived from the Thessalians or from the Pelasgians. It seems ori- ginally to have meant a point^ stick : thus it was applied both to a goad and to a shepherds staff. Afterwards it came (like our pole and perck, and the German stanffe) to mean a measuring rod of the length of ten Greek feet, or, according to Hesychius, 9| ^X«f^9 which is the same thing. It was used in measuring land, and thus it resembles the Ro- man decempeda. It is doubtfiil whether there was a corresponding square measure. (Schol. ta ApoU. Rhod, liL 1326 ; Suid. s. v. ; Hesych. s. v. ; Schow, Hesych. Restit. p. 648 ; Olympiodor. ad Aristot MeteoroUtg. p. 25 ; Heron, qp. Salmas. €ul. Solin. p. 481 ; Wurm, de Pond. p. 93.) Compare ACNA. [P. 5.J
ACA'TIUM. [NAVI8.]
ACCENSI. 1. Public officers who attended on several of the Roman magistrates. They sum- moned the people to the assemblies, and those who had lawsuits to court ; they preserved order in the assemblies and the courts, and proclaimed the time of the day when it was the third hour, the sixth hour, and the ninth hour. An acoensus anciently
Preceded the consul who had not the fasces, and Ictors without fasces walked behind him, which custom alter being disused was restored by Julius Caesar in his first consulship. (Varr. L.L.'vn. 58, ed. MuUer ; Plin. H. N. viL 60 ; Suet Jul 20 ; Liv. iiL S3.) Accensi also attended on the governors of provinces (Cic ad Fratr. LI. § 4), and were commonly freedmen of the magistrate on whom they attended.
2. A body of reserve troops, who followed the Roman army without having any military duties to perform, and who were taken one by one to supply any vacancies that might occur in the legions. They were according to the census of S^ius Tullius taken from the fifth class of citizens. They were placed in battle in the rear of the army, be- hind the triarii, and seem to have acted sometimes as orderiies to the officers. They were also called AdscripticU and in later times Supentumerarii. (Fest s. V. Aeoensi, Adacriptidi; Liv.L 43, viii. 8, 10 ; Veget iL 19 ; Niebuhr, Rom, HisL voLL p. 449, &c.)
ACCEPTILA'TIO is defined to be a release by mutual interrogation between debtor and creditor, by which each party is exonerated from the same
ACCBSSia
In other vwds aeeepdiatb is tbe fetm •i ««sds by which a cnditor rImim hia debtor fsma m debt tx* obligation, aaid adcnowledgea he has RceHvd that which in fret he hat not reoeired (Tehiti iaoaginaria aolntiD). This release of debt by acoeptilatio applieB oaly to nch debts as have been coooacted bj stipalatio, cuufonnably to a rale of KaouB lav, that only ooBtzacts made by woids can be pat an cad toby words. Bat the astateness d the Roman lawyets foaad a mode of oomplyin^ vith the rale, and at the same time extendiag the aceeptilatio to all kinds and to any nomber of oon- txacta. This waa the invention of QaOus Aqailias, who derised m fionanla far redndng all and every kind of ooDtncts to the stipalatio. This being done, the aeeepdlatio wonld immedartely apply, iBascDoch as the mattter waa by ooch ftniala bnm^t within the general rale of law above men- tkmed. The aocepdhdo most be absolote and net coaditienal. A part of a debt or obligation might be released as weQ as the whole^ provided the thine was in its natoie cspaUe of divisifln. A popmos ooold not zdeose a debt by aooeptilatiQ, witboot the aaelaritas of his tutor, bat he eoald be njtnacd from a debt. A wonam also coald not ideaae a debt by stipalatio witboot the snctoiitas ofatotoc Tfaephiasebyvriiieh a creditor is said to release his ddiior by aceeptilatb is^ M&ori ao- tif/rfasi, or gpcspte Jvoen or jbn^ or owoyfaat mo^ Lere^ When anything vHiieh was done on the behalf of or for the state, soch as a bailding fas instance, was iqipnyved by the eompeteat aathorities, it was said, m ouoeyrfai ydrn, oc fiQ^irrl (Dig. 46. tit 4 ; 4& tiL 11. S.7 ; Gains, iL 84, && iiL 169, &c) [O.L.1
ACCE'SSIO is a legal tena which signifies that two things are nnited in soch wise that one is ooosidcred to beeome a component pait ef the other ; one thing is considered the piincipid, and the other is conaidered to be an aooeosion or addition to it Sometinies it may be doabtfnl which is to be con- uia«d the principal thing and which the accession. Bat the owner of the principal thing, whichever it is, became the owner of the accession alsoi The raost nndispnted kind of aoeesrio is that which sris» from the onion of a thing with the groond ; and what the onion between tiie gnmnd and the thing is cem^lete^ the thing bdoogs to him who is the owner of the graond. Thns if a man bnilds o& the gnnnd of another man, the building bdongs to the owner of the gnmnd, anless it is a bailding of a BBoreabfe natore,asa tent ; for the role of law k '^saperiicies solo cedit** A tree belonging to oae man, if planted in the ground of another man, bdongs to the owner of tlw ground as soon as it bss token root The same rule af^lies to seeds sodplantik
If one man wrote on the papynis (chartolae) or psrchmcnt (membrsnae) of another, the matnial VIS eonaidered the principal, end of oomse the viitiqg bekngedtotfaeownerof the paper or pareh- moit If a man painted a pieton on another man*s wood (tabola) or whatever ih» materials might be, the pasting was censidcnd to be the prindpsl (tabda pietane eedit). The prinripk which do- tmnined the acquisition of a new property by ae- eeno was this — the intimBteand inseparable union of the aeeessocy with the principal. Accordingly, there might be aeeessb by pun acddeat without tbe infeerveBtion of any rational agent If a pieoe of tend was tom away by a strenn from one man^s
ACERRA. 8
land and attached to the land of another, it became the property of the man to whose land it was at- tached after it was firmly attached to it, but not before^ This must not be confounded with the case of Alluvio.
The person who lost his property by accessio had as a genend rale a right to be indemnified for his loss bv the person who acquired the new property. The exceptions were cases of nuUa fides.
The tern accessio is aIsoa]^ied to things which are the products of other thmgs, and not added to them externally as in the esse just mentioned. Every accessio of this kind belongs to the owner of the principal thing : the produce of a beast, the pndttce of a field, and of a tree belongs to the owner. In some cases one man may have a right to the produce (finictas) of a thing, though the thmg belongs to another. [Usua raucTV&j
Ine tenn aeoessaones was also applied to those who were soreties or bound for others as fidejussores. (])^4£. titl. il91. : Pachta,CbrMtdb-/aitfite. AwasM, iL p. 861 ; I>ig.41. tit I ; Gairai, ii. 73, dLc CoNvusia) [G. L.]
AGCLAMATIO was the pablic expression of aj^robation or disapprobation, pleasure or dis- pleasure, Ac. by load arrhunationa On many oc- casions, there appear to have been certain forau of acclamations always used by the Bomaas ; as, for instanoe, at marriages, lo Hymm, HymmoM, or Talataio (explained by Lhr. i 9.) ; at triumphs, lo tnmmpie, Jo iriMn^ka ; at the conclusion of plays the last actor called oat PUiudiU to the spectaton ; orators were usually praised by such expresrions as Beaettpraedare^BdU ttJttUve^Ntm poiMl meUuty &c (Cic. De Orat. iii. 26.) Under the empire the name of aeelamalume$ was given to the pnuses and flatteries which the senate bestowed upon the emperor and his family. These acdamationes, which are frequently quoted by the Scnplon$ HU- torias AvgudaSj vrere often of considerable length, and seem to have been chanted by the whole body of senators. There were regular aodamatUmeM shouted by the people, of which one of the most common was DU ie servmL (Capitol Mamim, cfao, 16, 26, Gordian, tm, 11 ; Lamprid. Alett, Setm. 6—12 ; Vopisc 7b& 4, 5, 7, Prob, 11.) Other instances of aeekunaiiones are given by Fenarius, De VetermmAocla$iuUi<mibtuetPlau9Uy inGraerius, TWtMir. Rom, Antiq. vol vi.
ACCUBA'TIO, the act of zeeliniag at meab.
[COBNA.]
ACCU'BITA, the name of couches which werb used in the time of the Ronum emperors, instead of the triclinium,for reclining upon at meals. The mattresses and foather-beds were softer and higher, and the supports (Jkbra) of them lower m pro- portion, than in the tridmium. The clothes and pillows spread over them were called aeeuMalaa, (Lamprid. HtUoff. 19, 25 ; SchoL ad Jut. Sat. v. 17.) [J.Y.]
ACCUSA'TIO. [Judex.]
ACERRA (Xi8av«rfMs), the incense box used in sacrifices. (Hor. Oarm, iii. 6. 2 ; Virg. Aen. v. 745.) The inoense was taken out of the acerra and let foil upon the burning altar : hence, we have the expression ds atarra libare. (Ov. se Pont iv. a 39 ; Pen. iL 6.) [Totubulum.] The acerra represented briow is taken from a tas-relief in the museum of the CapitoL
The acerra was also, according to Festns («. «.\ a F«^^ altai^ placed before the dead, on which B 2
ACHAICUM FOEDtTS.
^^Jt^
perfumes were buint. There was a law in the Twelve Tables, which restricted the use of aoerrae at funemls. (Cia <ULeg.u, 24) [J. Y.]
ACETABULUM {^is, Al^o^ir, i^ved^tov), a vinegar-cap, which, from the fondness <^ the Greeks and Romans for vinegar, was probably always placed on the table at meals to dip the food in before eating it The vessel was wide and open above, as we see in the annexed cat, tsken from Panof ka^i work on Greek vases ; and the name was also given to all cups resembling it in size and form, to whatever use they might be ap- plied. They were commonly of earthenware, but sometimes of silver, bronse, or gold. (Aristoph. jiv. 361 ; Athen. vl p. 230, zi p. 494 ; QuintiL viiL 6.) The cups used by jugglers in their per- formances were also called by this name. (Sen. iS^.46.)
ACETA'BULUM, a Roman measure of capa- city, fluid and dry, equivalent to the Greek 6^6€aifoy. It was one-fourth of the hemina; and UierdTore one-eighth of the seztarius. It contained the weight in water of fifteen Attic drachmae. (Plin. H. M xxi. 34. s. 109.) [P. S.]
ACHAICUM FOEDUS, the Achaean league. In treating of the Achaean leeffue we most dis- tingnish Iwtween two periods, ue earlier and the later ; the character of the former was pre-eminently religious, and that of the latter pre-eminently po- litical
1. T%e earlier period,-^ When, the Heradeidae took possession of Peloponnesus, which had until then been chiefly inhabited by Achaeans, a portion of the latter, under Tisamenus, turned northwards and occupied the north coast of Peloponnesus, which was called ouyiaX^f, and from which the lonians, its former inhabitants, were expelled and sought refoge in Attica. The country which was thus occupied by the Achaeans and derived frcsm them its name of Achaia, contained twelve confederate towns, which were governed by the descendants of
ACHAICUM FOEDUS.
Tisamenus, till at length they abolished the Idngiy rule after the death of Ogyges, and established a democracy. In the time <^ Herodotus (I 143 ; comp. Stnib. viil p. 383, &c.) the twelve towns af which the league consisted were : Pellene, Aegeira, A^gae, Buia, Helioe^ Aegium, Rhypes (Rhypae>9 Patreis (ae), Phareis (ae), Olenus, Dyme, aod Tritaeeis (Tntaen), After the time of HeroiotuB, Rhypes and Aegae disappear from the number of the confederated towns, as they had become de- serted (Pans. viL 23. 25 ; Strab. viii. p. 387), and Ceryneia and Leontium stepped into their place. (Polyb. iL 41 ; comp. Pans. viL 6.) The common place of meeting was Helice, which town, together widi Bura, was swallowed up by the sea during an earthqmike in & c. 373, whereupon A^nm was chosen as the place of meeting for Uie confederates. (Strab. viiL p. 384 ; Died. xv. 48 ; Pans. viL 24.) The bond which united the towns of the league was not BO much a political as a religious one, as is shown by the common sacrifice offered at Helice to Poseidon. This solemn sacrifice was perfectlj- aoalqgous to that offered by the lonians at the Panionia, and it is even intimated by Herodotus that it was an imitation of the Ionian solemnity. After the destruction of Helice, and when Aegium had become the central point of the league, the corn* mon sacrifice was oflfered up to the principal divini- ties of the latter town ; that is, to Zeus, sunamed Homagyrius, and to Demeter Panachaea. (Pans, vii 24.) In a political point of view the connec- tion between the several towns appears to have been ver^ loose, for we find that some of them acted quite independently of the rest (Thuc. iL 9.) The confederation exercised no great influence in the affairs of Greece down to the time when it was broken up by the Macedonians. The Achaeans kept aloof fiN>m Uie restless commotions in the other parts of Greece, and their honesty and uncerity were recognised by the circumstance of their being appointed, after the battle of Leuctia, to arbitrate between the Thebans and Lacedaemonians. (Po- lyb. iL 39.) Demetrius, Cassander and Antigonus Gonatas placed garrisons in some of their towns, and in others tyrants rose supported by Macedonian influence. The towns were thus torn fiN>m one another, and the whole confederacy destroyed.
2. T%0 later period. — When Antigonus m b. a 281 made the unsuccessful attempt to deprive Ptolemaeus Ceraunus of the Macedonian throne, the Achaeans availed themselves of the opportunity of shaking off the Macedonian yoke, and renewing their ancient confederation. The grand object how- ever now was no longer a conunon worship, but a real political union among the confederates. The towns which first shook off the yoke of the op- pressors, were Dyme and Patrae, and the alliance concluded between them was speedily joined by the towns of Tritaea and Pharae. (Polyb. iL 41.) One town afier another now expelled the Macedonian garrisons and tyrants ; and when, in & a 277, A^um, the head of the earlier league, followed the example of the other towns, the foundation of the new confederacy was laid, and the main prin- ciples of its constitution were settled, though after- wards many changes and modifications were intro- duced. The fundamental laws were, that hence- forth the confederacy should form one inseparable state, that each town, which should join it, should have equal rights with the others, and that all memben, in regard to fof&ga countries, should be
AGHAICUM FOEDUS.
Rg*''^^ *■ d^wndcnt^aoid bound to obey in ererj reject iht fedccal govenunent, and thoM officen who were entRHied with the exeeatire. (Poijb. 11.37, &cl) No town therefore was allowed to tneait with any tonaga power withoat the fanctum 9£ the otbenL Aegivm^ for rriigious naaoiUi waa at fin* appointed the oential point of the leagoe, aad irtainrd tha distiactian ^^ the tiww* of Phi- kpocnea, who canied m decree that the meetii^ nght he hdd in any of the towns of the eon- fedoacy. (Lir. xzzriiL 30.) Acginm therdbre «■• the Beat of the goreniment» and it waa there that the ritiwma of the Tarioua towna met at rqpihg aai itafeed timea, to d^beiate upon the common aj&Di ef the leagaey and if it waa thoqght necea- avj, upon thooe of aepante towna, and eren upon mdiri^adj, and to dect the officen of the leaga& After faa:Tiiig thna eatabliahed a fiim anion among theaiaetrea^ they aealoDaly exerted themaelTes in delivering other towna alao fitnn their tjianta and oppRaaaca. The kagoe, however, acquired ita great atEt^gth in b. c. 251, when Aratna nnited Sicyon, h» aatrre place, with it, and aome yean laterooned Corinth alao for it Megara, Traesene, and I^idanraaaooaildUowed their exam;^ Afler- waida Antos pewoaded all the more important towna of PelopoiBDena to join the confederacy, and tea Megahipolia, Aigoa^ Heimione, Phlina, and othea woe addeil to it In a abort period the leagoe readied the height of ita power, for it em* bnioed Athena, M^gan, Aegina, Safaunia, and the whole of Pehjpan&eana, with the exception of Sparta, His, Tegea, Orehomenoa, and Mantineia. Oceece aeened to reriTes, and promiaed to become and more muted than ever, bat it aoon r that ita freah power waa only employed in aelf-dealmction and annihilation. INit it wmild be foreign to the object of thia wofk to enter fur- ther into the kittory of the confederacy : we muat coafoie oondTea to an oatline of ita conatitation, aa it existed at the time of ita highest prosperity.
Polybios (iL 38) remarks that there was no ether conatitntion in the world, in which all the moabea of the cammaiii^ had aoch a perfect e^nlitj' of righta, and ao much liberty, and, in short, whidi waa ao perfectly democratical and ao free fiom all adfiah and exdaaiTe regnlatioDa, aa the Achaean leme ; for aO memben had eqnal r^^itB, whether Uiey had belonged to it for many yeai^ or whetha they had only jnat joined it, and whether th^ were hzge or amall towna. The coBiaMm afiun of the comfedesate towns were regu> lated at general meetings attended by the citiaens of all the towns, and held r^galariy twice erery year, in the spring and in the aatomiL These meetings which h^ed three days, were hdd in a giore of Zens Homagyrius in the neighboiirhood of Aq;iam,andnear aametoary of Demeter Panachaea. (Pdyb. iL 54^ ir. 37, t. I, xxiz. 9; lAr, xxxiL 22, xcmii 32 ; StaKriiL p^ 385 ; Paos. rii 24.) In casca of mgent neeesrity, howerer, extnordinary meetings nught be conTened, dther at Aeginm or in sny other of the confederate places. (Lir. ttti. 25; Pdyb. xxr. 1, xnx. 8 ; Pint Arai. 41.) Erery dttsen, both rich and poor, who had at- tained the age of thirty, might attend the assem- blies, ^leak and pnpoee any measure, to which they were imrited by a public herdd. (Polyb. xrix. 9 ; Lit. xxxiL 20.) Under these circum- ttaacea the aaaemblies were sometimes of the most » kind, and a wise and experienced man
ACHAICUM FOEDUS. 5
might find it difficult to gain a heariiw amoi^ the crowds of ignorant and foolish peopte. (Pdyb. xxxriik 4.) It is, howerer, natuid to suppose that the ordinaiy meetings, unless matten of tptdtd importance were to be discnaswl, were attended chiefly by the wedthicr daaaea, who had the meaaa of paying the expenses of their journey, for great numben lired at a eonsideimble distance from the pboe of meetiBg.
The anbjecU which were to be braqght before the aaaembly were prepared by a council (fiouki)^ which aeema to have been permanent (Pdylk xxul 7, xxriiL 3, xxix. 9 ; Plut AraL 53.) The prindpal aubjecU on which the great aaaembly had to dedde were — peace and war (Pdyb. iv. 15, Ac) ; the reception of new towns into the con* federacy (Pdyb. xxr. 1) ; the dection of the ma- gistratea of the confederecy (Pdyb. ir, 37. 82 ; Pint AraL 41) ; the poniahment of crimea com- mitted by theae magistmtes, thoogh sometimes spedd judges were ^ipointed toe that purpeae, aa wdl aa the hononn or diatinctiona to be conferTCd upon them. (Pdyb. ir. 14, riiL 14, xL 5. 8 ; Paua. rii. 9.) The ambaaaadon of figre^n nationa had to appear before the aaaembly, and to ddiver the meaaagea of their states, which were then discussed by the assembled Achaeans. (Pdyb. rr. 7, xxiii. 7, A&, xzriii 7 ; Liv. xxxiL 9.) The aaaembly likewiae had it m ita power to decree, aa to whe- ther negotiations were to be carried on with any foreign power or not, and no siq^le town was af* lowed to send embasnes to a foreign power on iu own respflBsibility eren on matten of merely locd importance, dthough otherwise erery separate town managed ita own internd afbin at ita own dia- cretion, ao long aa it did not interfere with the interesta of the leagucu No town further waa d- lowed to accept preaenta from a foreign power. (Pdyb. xxiii. 8 ; Psna. rii 9.) The Totea in the aaaembly were giyen according to towns, each bar- ing one rote, whether the town waa huge or amalL (Liv. xxxil 22, &c)
The prindpal oflken of the confederacy were : 1. at first two stiategi (oTpcmryoO, but after the year b. c 255, there waa only one (Strab. riii. pu 385), who in conjunction with an hipparehua (hnnpxot) or commander of the cavaby (Pdyb. T. 95, xxriii. 6) and an under-atrategus (fo'eorpo- nryrff, Polyb» It. 59) commanded the army for- nished by Uie confederacy, and was entnisted with the whole conduct of war ; 2. a public secretary (ypafAfutr€is\ and 3. ten demiuigi (hifAtavpyol^ Strab. L e, ; Lir. xxxil 22, xxxriii. 30 ; Polyb. ▼. 1, xxiii. 10, who calls the demiuigi i^orrts). These officen aecm to have presided in the great assembly, where they probably farmed the body of men which Pdybiua (xxxviii 5) calls the Tcpovoia; the demiuigi or the strategus might convene the aaaembly, though the latter only when the people were oouTened in arma and for military pozpoaetk (Pdyb. ir. 7 ; Liy. xxxr. 25.) All the officen of the league were elected in the aaaembly held in the qyring, at the rising of the Pleiadea (Polyb. ii 43, ir. 6. 37, ▼. 1), and legally they were inveated with their acTenl officea cmly for one year, though it frequently h^qiened that men of great merit and distinction were re-dected for aereral succeadre yeara. (Pint Arai. 24. 30, Oeom, 15.) If one of the officen died during the period of hia office, his place waa filled by hu predecessor, until the time for the new dections amyed. (Pdybi xL 2.) The B 3
6 ACINACES.
dose xnaaa existing among the confederate towns was, according to Poljbius (iL 37), strengthened by their adopting common weights, measures, and coins.
But the perpetual discord of the members of the league, the hostility of Sparta, the intrigues of the Romans, and the folly and rashness of the later strategi, brought about not only the destruction and dissolution of the confederacy, but of the fineedom of all Greece, which with the £b11 of Corinth, in & c. 146, became a Roman province under the name of Achaia. (Comp. Schom, 0^«sqI. (Trieo&os- lands von (Ur EmtOehuHg ds9 AetoL u, AchiU$ek Bundes, especially pp. 49, &c 60, &c ; A. Matthiae^ VeroMchie SdmflU^ p. 239, &c. ; Drumann, Idem zur€hsch,des Ver/ails der Cfrieek. Staaten, ^ 447 ; Tittmann, Cfrieeh, Staatsvmfasa. p. 673, &c. ; K. F. Hermann, Griech. StaattaUerth. § 185.) [L. S.]
ACHANE CAx<^)> & Persian and Boeotian measure, equivalent to 45 Attic medimnL (Aris- tot ap, SchoL ad ^mfopA. Aoharn, 108, 109 ; Suid. s. V.) According to Hesychius a Boeotian &x^ was equal to one Attic medimnus. [P. S.]
A'CIES. [ExEBOTua]
ACI'NACES (Aicu'dUciif), a Persian sword, whence Horace (Oarm. i 27. 5) speaks of the Mechu acmacet. It was a short and straight wea- pon, and thus differed fiom the Roman tiea, which was curved. (Pollux, i. 138 ; Joseph. AwL Jud, XX. 7. § 10. [Sku.] It was worn on the right side of the body (insignis acimaee <iscfro, VaL Place Argon, vi 701), whereas the Greeks and Romans usually had their swords suspended on the left side.
The form of the acinaces, with the method of using it, is illustrated by the following Persepolitan figures. In all the bas-reliefs found at Persepolis, the acinaces is invariably straight, and is com* monly suspended over the right thigh, never over the left, but sometimes in front of the body. The form of the acinaces is also seen in the statues of the god Mithras, one of which is figured in the cut on the title-page of this work.
A golden acinaces was fjtM]ucntly worn by the Persian nobility, and it was often given to indi- viduals by the kings of Persia as a mark of honour. (Herod, viil 120 ; Xen. Anab. i 2. § 27, a § 29.)
The acinaces was also used by Uie GsspiL (Herod, vii. 67.) It was an object of religious worship among the Scythians and many of the northern nations of Europe. (Herod, iv. 62 ; Comp. Mela, ii. 1 ; A mm. Marc, xxxi 2.) [J. Y.]
ACROTERIUM.
ACI'SCULUa [Ascii-]
ACLIS. [Hasta.]
ACNA or ACNUA (also spdt agna and agm^aT) was, according to Varro, the Italian name, and. according to Columella, the common Baetican nsune of the actus quadratns. [Actus.] An old writer, quoted by Salmasius, says ''agnua habet pedes xim. ccoc,** i. «. 14,400 square feet The name is almost certainly connected with the Greek innu^m^ though the measure is different (Varm, R, H* i 10. § 2 ; Cohmu R. R, r. 2. § 5 ; Schneider, Comm^mL ad IL eo, ; Salmasius, ad SoUsu p. 481.) [P. S.]
ACO'NTION (Aicrfrruw). [Hasta.]
ACRATISMA {iucpiruriui), [Cokna.]
ACROA'MA (dicpdi^ui), any thing heard, and especially any thin^ heard with pleasure, signified a play <or musical piece ; hence a concert of ^yers on different musical instruments, and also an inter- lude, called emboUa by Cicero {pro SeaeL 54), which was performed during the exhioition of the public games. The word is also applied to the actors and musicians who were empl<nred to amuse guests during an entertainment (Cic. Fsrr. iv. 22 ; prt» Arch. 9 ; Suet Oelan. 74 ; Macrob. SaL iL 4) ; and it is sometimes used to designate the anagmottae. [Anaonostab.]
ACROLITHI (Aicp^\i0oi), statues, of which the extremities (fooe, feet, and hands, or toes and fingers) only were of marble, and the remaining- part of the body of wood either gilt, or, what seems to have been more usual, covered with drapery. The word occurs only in the Greek Anthology (Brunck, Awd, vol. iii. p. 155, No. 20 ; Amtk, PaL xii. 40), and in Vitruvius (iL 8. § 11) ; but statues of the kind are frequently mentioned by Pausanias (iL 4. § 1, vL 25. § 4, viL 21. §§ 4 or 10, viL 23. § 5, viiL 25. § 4 or 6, viiL 31. § 1 or 2, and § 3 or 6, ix. 4. § 1.) It is a mistake to suppose that all die statues of this kind belonged to an eariier period. They continued to be made at least down to the time of Praxiteles. (Comp. Jacobs, Com- meat in AntiL Grato,^ voL iiL Pt 1. p. 298 ; and Winckelmann, G^soiUoto dsr Kmut^ B. L c. 2. §13.) [P. a]
ACRO'POLIS {hatpiwoKis). In almost all Greek cities, which were usually built upon a hill, rock, or some natural elevation, there was a kind of tower, a castle, or a citadel, built upon the highest part of the rock or hill, to whicn the name of acropolit was given. Thus we read of an acropolis at Athens, Corinth, Argos, Messene, and many other places. The Capitolium at Rome answered the same purpose as the Acropolis in the Greek cities ; and of the same kind were the tower of Agathocles at Utica (App. Pun, 14), and that of Antonia at Jerusalem. (Joseph. B, c/. v. § 8, Act ApoBtol. xxL 34.) At Athens, the Acropolis served as the treasury, and as the names of all public debtors were registered there, the expression of ** registered upon the Acropolis ** {iyyeypofu- fUtfos ip *AKpoiw6\ti) always means a public disbtor (iy iucpovSkti ytypofifiipot^ Dem. c TXaocr. p. 1337. 24 ; BOckh. PvbL Eeon. t/ AAmu, p. 888, 2nd edit).
ACROSTCVLIUM {iKpoirr6?aop), [Navm.]
ACROTE'RIUM (iucpitHiptop) signifies an ex- tremity of any thing. It is generally used in the pluraL
1. In Architecture it seems to have been used originally in the same sense as the Latin /isfi^MMii,
ACTA.
iMWifTy, kt the ibping imf of a building, and mare pactieBkrij liar the onaHiMnttd front or gable of such a IDO^ that n,A0jpedimmL (Pint Casa. 63, com- pared vith CSc. na^ ii. 43» and Snet Oaet. 81.) Tha nnal ifaniiy of oeroferMs however, ia the prdntale placed en the eoouut of a pedimeat to reesTe itataei er other flnuunental figuiee. There vfR three acroteria, one above ea^ aai^ of the pwftnfiit VltnTiiiaeaji that thoee over the outer n^ {aanoL onpufarw) thould be aa high ae the wfa of the ^ympannm, and the one over the high- ol aogle one-eighth part h%her. (Vitnir, iil 3, «£.&.$ 12, ed. Sdmader.) Some writers in- ckde the etatoea themaelYea aa well aa the baaea inder the name ; but the only anthoritj for thia wot to be an emr of Sahoaaiiia. (/a AeL Spart F^nm. N^ 12.) 2. The extremitiea of the prow of a Tcaiel, whidi were uanally taken from a oon- qoendTeaad aa a maik of victory : the act of doing M«aacnnedi«|wng|N(£Ccir. (Xen. J/fOL ii 3. § 8, vi 2. S 36 ; Herod, iil 69, viii 121.) 8. The ez- traaitieaof aatatae,wiq0^feet,haiida,&c. (Dem. cJlmoer. ^ 738 ; Athen. v. p. 199, e.) £P. S.]
ACrr A L Signified the pablic acta and orderi ef a Roonn magiaCnte, whidi after the expiration •f hia eflke w«re anbmitted to the aenate for ap- proval or xejectian. (Snet. does. 19, 23 ; CicL FML L 7, Ac) After the death of Juliua Caeear the triamviia awoce, and compelled all the other sagiatniea to awear, to obaei^ and maintain all hiaaeta (m octo jarar«,oonp. Tac Aim. L 72 ] Suet Jlii (7) ; and hence it became the eoatom on the afwuian of each emperor for the new mooareh to svcor to obaerve and reraect all the acta of hia predeeeaacra from Jniioa Caeaar downwarda, with tbe exeeptiaa of tboae who had been branded with infrmy after death, anch aa Nero and Domitian. Evoy year all the magiatratea upon enteiing anon their office on the let df January awore uqxoval of tkeactaof the reigning emperor: thia oath waa orir ginaDy taken by one magiatnte in each department on b^alf of hia colkegnea, but aobaequently it waa the aiaal pEactice for each mi^iiatrote to take the eath penmmlly. (Dum Oaaa. zlvil 18, liil 28 ; Tac Jsa. zvi. 22, with the JBzcunua of Idpaiua ; Dion Ca«. Iviii 17, Iz. 25.)
2. Acta Foexnsu. were of two kinda : firat, Ihoae relating to the government, aa legea, pl»- biacita,edicta, the namea of all the magiatratea, Ac, which foamed pact of the tabulat jmUietmj and aeoondly, thoae connected with the coorta of law. The acta of the latter kind contained an acconnt of the different auita, with the argnmenta of the adrocatea and the deciaiona of the oonrt In the tine of the republic the namea of thoae who were acquittod and condemned were entered on the reeeida of the court (m kMat ab$olatitm mm mttUt, Gc mdFni.ym. 8. §. 8), and it appeara from the qnotationa of Aaoonina from theae Acta, that they nmat have contained abatracta of the tpewhra of the advocatea aa early aa the time of Ciaeaa, (/• Semriam, ^ 19, an MUoman, pp^ 32, 44, 47, ed. OreUi) Under the empire the pro- eeediqpef the higher conita aeem to have been al- vajB preaenned,and they are frequently xeferred to mtheDigeat They are aometimea called 6^«to ; and thejr ooouneneed with the namea of the conaula far tbe year, and the day of the month. (Amm. Mare; zsii. 3 ; Anguat Acta e. Fortm, Mamek HefneL i. 16 ; Cod. Theod. 2. tit. 29. n 3.) Spe- onanaof theae Acta are given by Briaaoniua. (/>e
ACTA, 7
FutmmUay v. § 1 13.) They were taken by cleika (a6 adU fiirt)^ whoee titlea and dntiea occur in Lydua (efo Magittr, ii 20, A&) and the A^o^i^
8. Acta Militabia, contained an account of the dntiea, numbera, and ezpenoea of each legion (VegdL iL 19), and were probably preaerved in the military treaauiy founded by Auguatua (Suet^ Avg. i9 ; Ta& Amu i 78 ; Dion Caaa. Iv. 25.) The acldiera, who drew up theae acta, are fre- quently mentioned in inacriptiona and ancient wrU teca under varioua titlea, aa, Ubraruu legiam$; ae- btaruu or aetairim legkmiss iaimlarimt oattrmsu^
4. Acta Sbmatus, called alao Commbntarii Senatus (Tac. Am$. xv. 74) and Acta Path cm (Amt. V. 4), contained an account of the varioua mattera brought before the aenate, the opiniona of the chief apeaker^ and the deciaion of the honae. It haa beoEi uaually inferred from a paaaage of Suetoniua (^ Inito honore prixnua omnium inatituit, ut tarn aenatua quam p<^>ub diuma acta conficeren- tor et publicarentur,^ Caet, 20), that the pro- ceedinga of the aenato were not published till the firat oonaulahip of Juliua Caeaar, b. c. 59 ; but thi:i waa not atrictiy the caae ; for not only had the do- creea of the aenate been written down and pub- liahed long previooaly, but the debatea on the Gatilinarian oonapiiacy had been widely circulated by Cicero (p. SfUL 14, 15.) All that Suetoniua meana to aay ia, that the prooeedinga of the aenate, which had been only oocaaionally published before and by private individuala, were for the first time, by the command of Caeaar, publiahed r^gukriy every day (iomiusacta dkima) under the authority of government aa port of the daily gazette. Auguatua forbade the publication of the proceedinga of the aenate, but they atill continued to be preaerved, and one of the moat diatii^guisked senators, who re- ceived the title ab actU asno^aa, was choaen by the emperor to compile the account (Tac. ^aa. v. 4 ; Spart. Hadr, 3; Orelli, Inter, No. 2274, 3186.) The peraona entrusted with this office must not be confounded with the various clerks (actuarii^ $ervi jmbUdj $eribae, ceH8ualea\ who were present in the aenate to take notea of ita proceedii^ and who were only excluded when the senate passed a aemMiutoomstUium tacthrn^ that is, when they de- libemted on a aubject of the greatest importance, reapecting which aecresy waa necessary or advisa- ble (Capit. Chrd. 12.) It was doubtless from notea and papera of theae derka that the Acta were compiled by the aenator, who waa entrusted with thia (office The Acta were depoaited in some of the record offices in particular departmente of the public librariea, to which accesa could only be ob- tained by the expreaa permission of the praefectos urbl They were consulted and are frequently re- ferred to by the bter historians (Vopisc. Prob. 2 ; Lamprid. Sever, 56 ; CapitoL OpiL Afacr, 6), and many extracte from them were published in the Acta Diuma. Tacitus and Suetonius never refer to the Acta Senatus as authorities, but only to the Acta Diuxna,
5. Acta Dxitrna, a gazette published daily at Rome by the authority of the government during the later times of the republic, and under the em- pire, correaponding in aome measure to our news- papers. (Tac Ami. iil 3, xiii. 31, xvi 22.) In addition to the title AeUi DiunMy we find them refetied to under the names of Diumoy Acta Pub-
B 4
s
ACTA.
UoOj Ada Urbanoj Acta Rerum tTihanarwn^ Acta PopuUy and they are frequently called simply Acta, The Greek writers on Roman histonr caU them rh ^ofurtiiuera, t^ 97ift6<ria ttroftrffiaroj rik 9rifi6<ria ypdftfAora and t^ Koiyft twofiy^ifaara. The nature of their contents will be best seen from the followii^ passage of Petronins (c 63) where in imitation of them is given by the actnarius of Trimalchio : — ** Actnarius — tamquam acta urbis recitayit : yii KaL Sextilis in praedio Cumano, quod est TrinuUchionis^ nati sunt pneri xxx., puellae XL. ; sublata in horreum ex area tritid millia mo- dinm quingenta; bores domiti quingentl Eodem die Mithridates serrus in crucem actus est, quia Gaii nostri genio maledixerat Eodem die in arcam relatum est, quod coUocari non potuit, sestertium centies. Eodem die incendium buBtxan est in hortis Pompeianis, ortum ex aedibus Nastae TillicL Jam etiam edicta aedilium redtabantur, et saltoariormn testamenta, quibus Trimalchio cum elogio exhae- redabatur ; jam nomina villicorum et repndiata a circumitore Uberta in balneatoris contubernio depre- hensa ; atriensis Baias relegatos ; jam reus fiictus dispensator; et judicium inter cubicularios actum.** From this passage, and fit>m the numerous' passages in andent writers, in which the Acta Diuma toe quoted (references to which are given in the works of Le Clerc and LiberkUhn dted l^ow), it would ap- pear that they usually contained the following mat* ters : — 1. The number of births and deaths in the city, an account of the money paid into the treasury from the provinces, and every thing relating to the supply of com. These particuhuB would be ex> txacted from the tabulae publicae. By an ancient regulation, ascribed to Servius Tullius (Dionys. iv. 15), all births were registered in the temple of Venus, and all deaths in that of Libitina ; and we know that this practice was continued under ^e empire, only that at a later time the temple of Saturn was substituted for that of Venus for the registration of births. (JuL Cap. M, Aurd, 9.) 2. Extracts from the Acta Forensia, containing the edicts of magistrates, the testaments of distinguished men, reports of trials, with the names of those who were acquitted and condemned, and likewise a list of the magistrates who were elected. 8. Extracts from the acta senatns, especially all the decrees and acclamationes [Aoclah atio] in honour of the reigning emperor. 4. A court circular^ containing an account of the births, deaths, festivals, and movements of the imperial fimiily. 5. An account of such public afiauRB and foreign vrars as the government thought proper to publish. 6. Curious and interesting occurrences, sttch as prodigies and miracles, the erection of new edifices, the confla- gration of buildings, funerals, sacrifices, a list of the various games, and especially amatory tales and adventures, with the names of the parties. (Comp. Cic. ad Fam. iL 15.) The fragments of some Acta Diuma have been published by Pighius and Dodwcll, but their genumeness is too doubtful to allow us to make use of them as authorities.
It is certain that these acta were published under the authority of the ^vemment, but it is not stated under whose supenntendence they were drawn up. It is probable, however, that this duty devolved upon the magistrates, who had the care of the tabulae publicae, namely, the censon under the republic (Liv. iv. 8, xliii 16), and sometimes the quaestors, sometimes the praefecti aerarii under the empire. (Tac Aim, xiil 28.) By a rq[ulation
ACTIA.
of Alexander Severus, seven of the fourteen cnrR-> tores urbis, whom he appointed, had to be present when the acta were drawn upi (Lam;»i<L Alear^ Sev, 33.) The actual task of compiling them vrmm committed to subordinate officers, <aUed aetuarii or aetarii, who were assisted by various derka, and. by reporten (fUitaru)^ who toAi down in short-hand the proceedings in the courts, &c. After the act& had been drawn up, they were exposed for a time in some public place in the dty, where persons could read them and take copies of them. Many- scribes, whom Cicero speaks of under the name of operarUj made it their business to copy them or make extracts fitn them for the use of the wealthy in Rome, and especially in the provinces, where they were eagerly sought after and exten- nvely read. (Ci& ad Fam. viil I, xiil 8 ; Tac. Amt. xvi 22.) After the acta had beoi ex> posed in public fisr a certain time, they were de- pouted, like the Acta Senatus^ in some of the re- cord offioeSy or the public libraries.
The style of the acta, as appears from the {Mia- sage in Petronius, was very simple and concise. They contained a bare enumeratim of focts without any attempt at ornament
As to the time at which these acta were first composed, there is a considerable variety of opinion among modem writers. It is maintained that the passage of Suetonius (Cbss. 20), quoted abore, does not imply that the acta were first published in the first consulship of Julius Caesar, and that the meaning of it is, ** that he first ordained that the acta diuma of the senate should be compiled and published just as (jtam quam) those of the people had been.^ But although this interpreta- tion is probably the correct one, still there is no passage in the ancient writen in which tiie Acta Diuma are decisively mentioned, previoostoCaesar^a first consulship; for the diarium referred to by Sempronius Asdlio (OelL r. 18), which is fre- quently brought forward as a proof of this earlv pub- lication, is the journal of a pnvate person. There is likewise no evidence to support an opinion adopted by many modem writen that the publication of the acta first commenced in & c 133 to supply the place of the Annales Maximi, which were discon- tinued in that year (Cic. da OraL ii 12), while on the contrary the great difference of their con- tents renden it improbable that such was the case. The Acta Diuma continued in use to the downfoll of the westem empire, or at least till the removal of the seat of government to Constantinople, but they were never published at the latter d^.
(Lipsius, Eaemmu ad Toe, Aim. r. 4 ; Emesti, Excurnta ad SineL J. Caet. 20 ; Schlosser, Utber die QueUen der tpatem lattin. GfekkktaehnSber^ beaonden Uber Ze^ungeny dte. in the^rcAte/iir G^- soUoite, pp. 80—106 ; Pratze, De FoaUbiu^ qmo9 in conaeribemUs rebus inde a T^berio uaqme ad mortem Nercnie geatia auctorea veterea aeemU videatUurj HaUe, 1840; Zell, Ueber die Zeitmigea der alien, Fribuzg, 1834 ; but the two best works on the subject are, Le Clerc, Dea Journamm eheg lea Ro^ maina, Paris, 1838, and Lieberktihn, De Diunna Romanorum AcHa, Weimar, 1840.)
A'CTIA ("Airria), a festival of Apollo, cele- brated at Nicopolis in Epeinu, with wrotling, musical contests, horse-radng, and sea>fightsw It was established by Augustus, in commemoration of his victory over Antony off Actium, and was probably the revival of an andent festival ; for
ACTIO.
tbev« ym^ a cgfehnted temple of Apollo at Actinm, vUidi. is mentioned by Tfaoeydideo (i. 29), and ^~ * (yvu p. 325X and which was enlarged by CiHb The games imtitated by Angnatna eelefaniCed eTery four yeara (irtyra^ifpff, aits) ; they receired the thle of a
ACTIO.
9
■I"
I AgDO, and -were alao called Olympia. (Strab. X. e. ; Dioo Caaa. li 1. ; Soet At^ 18 ; Bockh^ CSmjbl Imer, Ka 1720, n. 845 ; Kianae, OfyngnOj
A'CnO ia defined by Ceboa (Dig. 44. tit 7. a. 51) to be the right of poisaing by judicial meana jjmdiein) vfaat ia a man^ due.
'With le^ect to ita aobjeet-matter, the actio was fivided into two great diviaiona, the m permmam •eCiB, and the ta rem actio. The m permmam actio penon who waa boond to the by cflntract or delict, that is, when the t aoch pecaon waa ' dare, ftoeie, praea. ih» m rem actio applied to thoae \ when a man danned a cor|wial thing {eor- paetaiie wm) as hia property, or claimed a r^ht, aa ftr iwrfanc* the nae and enjoyment of a thmg, or tibe r^ght to a road orer a piece of groDnd {adiu), I called etmf'
Tbe aa rem actio waa called mmUcatio ; the m per- ■miiiaw actio was caDed in the later law eoHdietio^ lifaainf originaDy the phiintiff gaye the defendant Bodee to appear on a given day for the porpow of cbooaiqg a jadcx. (Oaina, rr. £.)
The old actiona of the Boman law were called logic mtiiomeB^ or IcgitiauMC^ either becanae they were cAyiaaaly prorided fior by lawa Qegee)^ or becanae they wen atricUy adapted to the worda of the lawa, aad thacfoRcoaJdnotbeTaried. In like manner, the old write in England contained the matter or daim of the plaintiff expreaaed aoootding to the kfslrafe.*
The fire modea of proceeding by legal action aa
^ —" deacribed by Oaina (it. 12), were^
Per jndida poatulationem. Per con- Per manna injectionem. Per pignoria
I of action giadnaDy fell into die- ) of the ezoeniTe nicety required, tha frihin conaeqnent on the alighteat error ia the pleadinga ; of which there ia a notable ex- ample gijca by Oaina himaelf (iT. 11), in the caae of a pkintiff who oomfplained of hia Tinea (vxfev) bein^ cat down, and waa told that hia action waa bad, iwaamfwrh aa he ooght to hsTe naed the term tieea (arkaree) and not Tinea ; becanae the law of the TweireTablM, which gaTo hhntheactionfbr damage to hia Tinea, fawitained only the general ezpreaaion "treea** (oiiorw). The Lex Aebntia and two Legea JuUae aboliahed the old legitimae actionee^ except in the caae of damtmm it^istiim [Damnum iivfxctdm], and in matten which fell nnder the coigniBaoe of the CentomTiri [Cbntumvirl]
In the old Boman conatitntion, the knowledge of the law waa doaely connected with the inati- talea and ceremonial of religion^ and waa accord- ingly in the handa of the patriciana alone, whoae aid their dienta were obliged to aak in all their legal dimteiL Appina Claodina Oaecna, perhapa Me of ue eariiest writers on law, drew up the
* **BceTe qnidem com tit Ibrniatnm ad aimili- \ vqpilae jnria, quia breriteret panda verbia MM proferentia exponit et explanat, aicut
Kgida joiiairemqaae estbroTiterflnanat.** (Bracton,
£413.)
Tariona forma of actiona, probably for hia own use and tiiat of hia irienda : the manuscript was atolen or copied by hia scribe Cn. Flarins, who made it public: and thus, according to the story, the pie* beiana became acquainted with those legal forma which hitherto had been the exclnaiTc property of the patriciana. (Gic De OraL L 41, pro Mvreoa^ ell; IHg.l.tita2.a.2.§7.)
Upon the old legal actiona being aboliahed, it became the practice to proaecute snita aocorduig to certain prescribed ferma or fennulae, aa they were called, which will be explained after we hsTO noticed Tarioua diriaiona of actiona, aa they are made by the Roman writers.
The diriaion of aetiooee in the Boman law is somewhat complicated, and some of the divisions must be conaidered rather aa emanating from the schools of the rhetoricians than from any other source. But this diTision, though com^icated, may be somewhat simplified, or at least rendered more inteUjgible, if we oonrider that an action is a chum or demand made by one person against another, and that in order to be a Talid legal claim it muat be founded on a legal right "nie main diriaion cf actiona must therefore haTO a reference or analogy to the main diTision of rights ; for in erery system of law the fonn of the action must be tiie expression of the legal right. Now the general drnsion of rights in the Roman law is inta rights of dominion or ownership, which are rights against the whole world, and into rights arising firam contract, and qnaai contract, and delict The actio ta fi8fli implies a complainant, who claims a certain right against oTery person who may dis- pute it, and the object and end of the action are to compel an acknowledgment of the right by tho particular person who disputes it By this action the pbuntiff maintains his nroperty in or to a thing, or his rights to a benefit from a thing (jmvihUee). Thus the actio in rem is not so called on account of the subject-matter of the action, but the term is a technical phrase to express an action which is in no way founded on contract, and therefore has no de- terminate indiridual as the other neceasaiy party to the action ; but cTery indiridual who disputes the right becomes, by such act of diapnting, a party liable to such action. The actio m rem does not aacertain the complainant's rip;ht, and from tho nature of the action the complainant's right cannot be ascertained by it, for it is a right against all th^ world ; but the action determinea that the defendant has or has not a claim which is Talid against tho pkiintiff 'a daim. The actio in pereomam implies a determinate person or persons against whom the action liea, the right of the plaintiff being founded on the acts of the defendant or defendants : it ia, therefore, in respect of something which has been sgreed to be done, or iu respect of some injury for which the plaintiff claims compensation. The actio mixta of Justinian's legislation (Inst iT. tit 6, a 20) was so called from its being supposed to partake of the nature of the actio ta rem and the actio in per- eonam. Such waa the action among co-heirs as to the diTiaion of the inheritance, and the action for the purpose of settling boundariea which were Gonfiued.
Bights, and the modea of enforcing them, may also be riewed with reference to the sources from which they flow. Thus, the righto of Boman citisens flowed in part from the sovereign power, in part from thoae to whom power was ddegated.
10
ACTIO.
That body of law which was founded on, and flowed from the edicts of the praetors, and corule aediles, was called jut honorarium, as opposed to the Jiu drnts, in its narrower sense, which comprehended the ligsa^ pUHMoUa, mnaitu eontiUia, &c. The Jiu ionorarium introduced new rights and modified existing rights ; it also provided remedies suitable to such new rights and modifications of old rights, and this was effected by the actions which the praetors and aediles allowed. On this jurisdiction of the praetors and aediles is founded the distinc- tion of actions into eioUos and honorariaey or, as they are sometimes called, praefonod, from the greater importance of the praetor^s jurisdiction.
There were several other divisions of actions, all of which had reference to the forms of procedure.
A division of actions was sometimes made with reference to the object which the plaintiff had in view. If the object was to obtain a thing, the action was called perseetUoria, If the object was to obtain damages (poena) for an injury, as in the case of a thing stolen, the action was poenalia ; for the thing itsS could be daimed both by the vtii- dieaHo and the eondkHo. If the object was to obtain both the thing and damages, it was probably sometimes called aeHo mueta^ a term which had however another signification also, as already ob- served. The division of aethnM into direetae and wtiln must be traced historically to the aetume$ Jictitiae or fictions by which the rights of action were enlarged and extended. The origin of this division was in the power assumed by the praetor to ffrant an action in special cases where no action comd legally be brought, and in which an action, if brought, would have been inanit or inutiUM, After the decline of the pTaetor*s power, the aetionM utiles were still extended by the contrivances of the iurU prudentee and the rescripts of the emperors. Whenever an actio utUie was granted, it was fhimed on some analogy to a legally recognised right of action. Thus, in the examples given by Ghoius (iv. 34), he who obtained the honorum pot- eeesio by the piaetor^s edict, succeeded to the de- ceased by the praetorian and not the civil law : he had, therefore, no direct action (direeta actio) in respect of the rights of the deceased, and could only bring his action on the fiction of his being what he was not, namely, heree.
Actions were also divided into ordutariae and eastraordinariae. The ordinariae were those which were prosecuted in the usual way, first before the praetor, m jure, and then before the judex, in fudido. When the whole matter was settled be- fore or by the praetor in a summary way, the name eaetraordinaria was applicable to such action. [Interdict.]
The term eondictiones only applies to personal ac^ tions ; but not to all personal actions. It does not com- prehend actions at deUdo, nor bonae jidei actionee. As opposed to bonae ^dei actiones, oondietionee were sometimes called actionee atricH juris. In the ac- iUmes etrieU juris it appears that the formula of the praetor expressed in precise and strict terms the matter submitted to the judex, whose authority was thus confined within limits. In the actiones bonae fidei, or ex fde bona (Cic Top, 17), more latitude was given, either by the formula of the praetor, or was implied in the kind of action, such as the action e* empto, vendito, loeuto, &c, and the special circumstances of the case were to be taken into oonsideiation by the judex. The actiones
ACTIO.
atf^itrariae were so called from the judex in sacH case being called an arbiter, probably, as Festti^ says, because the whole matter in dispute -vma submitted to his judgment ; and he could decide according to the justice and equity of the caae, without being fettered by the praetor^ formula. It should be observed also, that the judex properly could only condemn in a sum of money ; but the arbiter might declare that any particular act should be done by either of the pirties, which was called his arbOrium, and was followed by the oondeamaHo if it was not obeyed.
The division of actions into perpetuao and tstn" paroles had refereoce to the time within which an action might be brought, after the right of action had accrued. Originally those actions which were given by a far, seuatus consultum, or an imperial constitution, might be brought without any limi- tation as to time ; but those which were nanted by the praetor^s authority were generally limited to the year of his office. A time of limitation was, however, fixed for all actions by the late imperial constitutions.
The division of actions into aetUmes m jus and i» faetun is properly no division of actions, but has merely reference to the nature of the formnla. In the formula in Jaetum eoncepta, the praetor might direct the judex barely to inquire as to the foct which was the only matter in issue ; and on finding the fiict, to make the proper oondmnnatio : as in the case of a freedman bringing an action against his patronus. (Gains, iv, 46.) In the formula in jus the fitct was not in issue, but the l^al consequences of the fiict were submitted to the discretion of the judex. The formula in /actum commenced with the technical expression, A' par^^ &c, *^ If it should appear,** &c.; the formnla inJHu commenced. Quod A, A,, &&, ** Whereas A. A. did so and sa** (Gains, iv. 47.)
The actions which had for their object the punishment of crimes, were considered public ; as opposed to those actions by which some particular person daimed a right or compensation, and which were therefore called prioatac The fiwmer were properly called Judicia pubUoa; and the latter, as contrasted with them, were called judida privatct, [Judicium.]
The actions called nooKiles arose when ajiUus familias (a son in the power of his fother), or a slave, committed a thelft, or did any injury to another. In either case the fother or owner might give up the wrong^doer to the person injured, or else he must pay competent damages. These ac- tions, it appears, take their name either from the injury committed, or because the wrong-doer was liable to be given up to punishment (homm) to the p^son injured. Some of these actions were of legal origin, as that of theft, which was given by the Twelve Tables ; that oidamuum vi^furiae, which was given by the Aquilia Lex ; and ^t of i$^furiarmn et vi bonorum raptorum, which was given by the edict, and therefore was of praetorian origin. This instance will serve to show that the Roman division and classification of actions varied according as the Roman writen contemplated the sources of rights of action, or the remedies and the modes of ob- taining them.
An action was commenced by the plaintiff sum- moning the defendant to appear befine the praetor or other maffutrate who had jurisdietio : this pro- cess was culed in jus vocatio ; and, according to
„ /
ACTIO, the bvm of the Twdve TMrn^ was in effeet a <>"'g<Wg of tke defiendant befoie tlie piaeUv if he refsscd to go quietly. This rude prooeediiig was modified in huer times^ and in many cases there eoald be no m jisr voeaHo at all» and in other caaee is muM necessary to obtain the pzaetor^ pep- wissien mder pain of a penalty. It was also fsaMiahed that a man could not be dragged from hit own hooae ; bat if a man kept his house to avoid, as we ahonld say^ beinig senred with a writ, he na tke riak of a kind of seqaestiatian {aetor m Aam miftmbaiur). The object of these rules waa to make the defendant appear before the coB^eiait jmisdictien ; the device of enterii^ an lor the defendant does not seem to
haTosqggcateditaelfto the Roman lawyex& (Dig. 2. tiL4.) Jf the defendant wouhi not go qnietly, the phmtilf called on any bystand^ to witness {mtB^miy that he had been duly summoned, teudied the car of the witness, and dragged the defrndant into court (Hor. SanulB. 76—78 ; Plantna, GarrmL v. 2.) The parties might aettle their diapute on their way to the court, or the de- fcodaat miffht he bailed by a vindez. (Ci& Top. 2;GBiBa, IT. 46; Oeliias, zri 10.) The lindex onat not be cooikQnded with the vades. This aettleaMnt of dispotea on the way was called ^raas- adio m via^ and aerres to ezphun a pasnge in St ]«atthev(T.25).*
Whoi before the piaetor, the parties wore said >n operaL The plamtiff then pnyed for an ao- tMQ, and if the naetor aUowed ii{dab(U aeHomem), he then dechoed what action he intended to bring againat the defendant, which was called adsrs ■rfinoaai. This mj^ht be dona in writing, or cnlly, or by the plamtiff taking the defimduit to the nfllif, and snowing him which action he in> tended to rely on. (Dig. 2. tit 13.) As the farwmiat eonpiehended, or were supposed to com- pnhcDd, every possible form of action that could be rBqched by a pfauntiff, it was presumed that he eeold find among all the formulae some one which was adapted to his easc^ and he waa accordingly wipiwiiwl to be withont excuse if he did not tue paias to adect the proper forauda. (Cic; Pro Bot. Chm. c. It) If he took the wrotf one, or if he daimed man than his due, he lost lis cause (ooass wrfrfdf, Ck^DeOraL 1 36) ; bntthepaetorwme- tiaws g^ve him leave toanwnd his daunortiifealMi. (Qaia% it. 53^ Ac;) 14 for example, the contract between the paitiea was for scmethii^ ta ^aasrv, sod the plaintiff ehiimed something mi ^pecM, he lost his action : thus the contract might be, that the drftwdant imdcrtDok to sell the plaintiff a quantity of dye stuff or a sUto ; if tlie plaintiff daimed Tyrian purple, or a particular sIato, his action waa bad ; thensfere^ says Gains, aooording to the tema ef i!k» ccntiact so os^ht the claim of the Mrftefi'o to bcb As the formulae were so numci^ COS snd conprehcBsive, the plaintiff had only to idect the fenuuk which he sn^posedto be suitable u his caae, and it would lequixe no further varia- tion than the insertian of the names of the parties and of the thing Haimfd, or the subject-matter of the snk, vrith the amount of damages, &c^ as the caaenqghtbe. When the praetor hftd granted an quired the defendant to give
* It is not easT to state correctly the chan^ in piDcednre whidi took place after the abolition flffhe legitimiM adioim. (;ompaie (}aius iv. 25^ 46.
ACTIO. U
security for his appearance before the praetor (m jtmi) on a day named, commonly the day but one after the m^ voeaHo^ unless the matter in dispute was settled at once. The defendant, on findi^ a surety, was said vade$ dan (Hor. ^^Inwi. till), eac/tsKWMun promiUen^ or fototrt: the suiety, wu, was said ^Mmden; the plaintiff when latisfied with the surety was laid, vadari rewmf to let him go on his sureties, or to have sureties from him. When the defendant promised to appear injtu^ on the day named, without giving any surety, this waa called vadimtmimn puntm. In some cases fvcu- ptratcrei were named, who, in case of ihid de« fiendant making de&ult, condemned him in the sum of money named in the vadtmonium.
If the defendant appeared on the day appointed, he was said vadinumium $t$Uf; if he did not ap* pear, he was said tNM^'auMtasi rfawnrim, and the praetor gave to the plamtiff the bomonm potmuUk (Hor. Strm. i 9. 36—41 ; Cic. Pro P. QaM«M», c. 6.) Both parties, on the day ai^inted, were summoned by a crier (praaco), when the plaintiff made his daun or demand, which was reiy briefly expressed, and may be considered as conespondiiig to our dedaiation at law.
The defendant might either deny the phuntifTs daim, or he might renly to it by a plea, en^ptith. If he simply denied tne phuntifTs claim, the cause was at issue, and a judex might be demanded. The fonns A the §aecqftio also were contained in the praetor^ edict, or upon hearing the focts the praetor a''apted the plea to the case. The eaecqiUo was the defeodanVs defence, and was often merdy an equiteble answer or plea to the plaintifi'*s legal demand. The plaintiff might daim a thing upon his eoDtract with the defiencUuit, and the derandant might not deny the contract, but might put in a pl^ of 'frand {dobu aia^), or that he had been constrained to come to such agreement The ^aaotpHo was in effect something which nmtived the plaintiff*B demand, and it was expressed by a negative dause : thus, if the defendant asserted that the plaintiff fraudulently claimed a sum of money which he had not given to the defendant, the etc- eeptio would run thus : Si mtan niiil dolo wmIo AmU AfferU Jadum nt ticqm Jiat. Though the €aecgttio prooeoied fixtm the defendant, it was ex- pressed in this form, in order to be adapted for msertion in the fQxmuh^ and to render the ooa- demmatio subject to the condition.
Exceptions were permnptorias or dUatoriati, Peremptory exceptions were a complete and per- pqtual answer to the plamtiff^s demand, such as an exceptio of dobu maiua^ or of res jmiieaia* Dihitory exceptions .were,, as the name imports, merdy calcukted to dehi^ the plaintiff^ demand ; as, fior instance, by showug that the debt or duty daimed was not yet due. Oaius considers the ex- ceptio liii$ dioidmae and m rmdwae (iv. 122) as bdooging to this dass. If a plaintiff proaecuted his action after a dilatory exception, he lost alto- gether his right of action. There might be dilatoiy exceptions also to the perton of the phuntifi^ cf whicn dass is the eaomCio eogmttonOf by which the defendant objects either that the pluntiff is not intitled to sue by a ccgmior^ or that the o^gnitmr whom he had named was not qualified to act as a oQgnitor. If the exception was allowed, the plaintiff eould either sue hunself^ or name a proper oognitcr, as the case might be. If a defendant neglected to take advantage of a peremptory aaoep^ the pnetor
12
ACTIO.
might afterwards give him permiflsion to avail him- Belf of it ; whether he could do the same in the case of a dilatory was a donbtM question. (Gains, iv. 125.)
The plaintiff might replj to the defendant*B op- aeptioy for the defendant by putting in his plea be- came an actor. [Actor.] The defendants plea might be good, and a complete answer to the plain- tiff's demand, and yet the plaintiff might allege something that would be an answer to the plea. Thus, in the example given by Oaius (iv. 126), if an aigentarius claimed the price of a thing sold by auction, the defendant mignt put in aplea« which, when inserted in the formula, would be of this shape: — Ut Ua demum emptor danrnetur^ si ei res quam emerit, iradiia sit ; and this would be in form a good plea. But if the conditions of sale were that the article should not be handed to the purchaser before the money was paid, the aigentarius might put in a repUcatio in this shape : — Nisi praedictum est ne alUer emptori res tradertfytr quam sipretium emptor soherit. If the defendant answered the r^UocUiOf his answer was called duplieatio; and the parties might go on to the triplioatio and quadrupU- oaOo, and eyen further, if the matters in question were such that they could not otherwise be brought to an issue.
The praescr^DtiOy which wa« so called from being written at the hotd or beginning of the formula, was adapted lor the protection of the plaintiff in certain cases. (Gains, iT. 130, && ; Cic De Orat, i. 37.) For instance, if the defendant was bound to maJce to the plauitiff a certain fixed payment yearly or monthly, the plaintiff had a good cause of action for all the sums of money already dutf ; but in order to avoid making his demand for the future payments not yet due, it was necessary to use a praescription of the foUowing form: — Ea res offotur ciyus rei diesfmt,
A person might maintain or defend an action by his eoffnitor or procurator, or, as we should say, by his attorney. The plaintiff and defendant useid a certain fonn of words in appointing a c<^gnitor, and it would appear that the appointment was made in the presence of both parties. The oognitor needed not to be present, and his appointment was oom« pleto when by his acts he had signified his assent. (Cic. Pro Q. noseioy c 2 ; Hor. Serm. I 6. 35.) No form of words was necessary for appointing a procurator, and he might be appointed without the knowledge of the opposite party.
In many cases both pbiintiff and defendant might be required to give security {satisdare) ; for instance, in the case of an actio ut rem, the de- fendant who was in possession was required to give security, in order tnat if he lost his cause and did not restore the thing, nor pay its estimated value, the plaintiff might have an action against him or his sureties. When the actio in rem was prosecuted by ^e formula peOioria, that stipulaiio was made which was called Judieaium sotvi, Aa to its prosecution by the sponsio, see Sponsio and Cbntumviri. If the plaintiff sued m his own name, he gave no security ; nor was any security required, if a cognitor sued for him, either from the cognitor or the pbiintiff himself^ for the cog- nitor was personally liable. But if a procurator acted for him, he was obliged to give security that the plaintiff would adopt lus acts ; for the plaintiff was not prevented from bringing another action when a procurator acted for him. Tutors and
ACTIO.
curators generally gave security like procorators. In the case of an actio m personam, the same roles applied to the plaintiff as in the actio in, rem. If the defendant appeared by a oognitor, the defendant had to give security ; if by a procurator, the pro> curator had to give security.
When the cause was brought to an iaane^ a judex or judioes might be demanded of the praetor who named or appointed a judex and delivered to him the formula which contained his instructions. The judices were said dari or addid. So fat the proceedings were said to be injure ; the proeecu* tion of the actio before the judex requires a separate discussion. [JuDiavH.]
The foUowing is an example of a formula taken from Gains (iv. 47) : — Judex esta. Si paret Anlum Agerium apud Numerium Negidium measam argenioam dsposuisse eamque dolo malo Numerii NegidU Aulo Agerio reddUam nom esas fpuenH ea res erit tantam pecumamjudeag Numerium Neffidium Aulo Agerio condemmxto : si non paret, absaiviio.
The nature of the formula, however, will be better understood from the following analysis of it by Gains : — It consisted of four parts, the demon' straHo, isUenOo, a^judieatio, eondemnaOo. The demonstratio is that part of the formula which explains what the subject-matter of the action is. For instance, if the subjecUmatter be a slave sold, the demonstratio would run thus: — Quod Aulus Agerius Numerio Negidio hominem vendidiL The inieniio contains the claim or demand of the plaintiff : — Si paret honunem eaejwre QuiriHum A uli AgerU esse. The a4judioatio is that part of the formula which gives the judex authority to adju- dicate the thing which is the subject of dispute to one or other of the litigant parties. If the action be among partners for dividing that which bdongs to them aU, the adjudication would run thus : — Quon^ifm a^judiouri oportet judess TiUo adjudieato. The oondemnatio is that part of the formula which gives the judex authority to condemn the de- fendant in a sum of money, or to acquit him: for example, Judex Numerium Negidium Aulo Agerio sestertium miUa oondenuia: si non paret, absolve. Sometimes the inieniio alone was requisite, as in the formulae called pra^udidales (which some modem writers make a ckiss of actions), in which the matter for inquiry was, whether a certain person was a freedman, what was the amount oft^dos, and other similar questions, when a fitct solely was the thing to be ascertained.
Whenever the formula contamed the oondem' natio, it was framed with the view to pecuniary damages ; and accordingly, even when the plaintiff claimed a particular thing, the judex did not adjudge the defendant to give the thing, as was the ancient practice at Rome, but condemned him in a sum of money equivalent to the value of the thing. The formula might either name a fixed sum, or leave the estimation of the value of the thing to the judex, who in aU cases, however, was bound to name a definite sum in the condemnation.
The formula then contained the pleadings, or the statements and counter-statements, of the plaintiff and the defendant ; for the inieniio, as we have seen, was the plaintiff^ declaration ; and if this was met by a plea, it was neoessaiy that this also should be inserted in the formula. The formula also oont^ed the directions for the judex, and gave him the power to act. The Englidi and Roman procedure are severally stated in Mr.
ACTOR, ^pracc^ vtxk OD the EqmUaUe Jmriadietiom of He C4mH of Okameerjh pp. 206—235. The Roman BxwM of prooedme underwent TariouB changes in t^ cenne of tune, which it la not Teiy eaay to descnbe ; b«t it haa been icsnaiked by HoUweg (^obAmA dc« Qm^mBeMBs, p. 19) that the ayttem ef prooedne mamteined itacdf in all eaaential par- ticdbn mahered fi>r xnanj centnrieB, and what ve feam from Cieeio (b. c 70) is almost the same as wbat we kam from Garas (▲. d. 160). Modem vTisen, howeTer, differ on Tarions points ; and the •abject leqvites a eomplete examination from one who is feUy aioinaiiitiHl with the Roman jaw, and inctiGaBy YeBsed in the naUire of legal pnoeedizigs gocsdly.
The loQowiqg are the principal actions which we read af xa the Roman writeia, and which are Irieiy deacribed nnder their serersl heads: — Actio — Aquae plnriae aroendae ; Bonomm vi laptaran ; Cexti et Ineeiti ; Commodati; Com- Bofii drridmido ; Confttsoria ; Damni injuria dati ; Dejccti Tel efibai; Depensi; Depositi; De dolo saJo; EiKti et T«iditi; Ezercitoria; Ad Exhi- ^eodom ; Familiae erciacnndae ; Fidudaria ; Fi- BiuB ' ipg^iiMUwwnf • Fnrti ; Hypothecana j Injuna- ram ; Inatitoiia ; Judicati ; Quod jussa ; Legis A<[B3iae ; Locad et condncti % Mandati ; Mntui ; Ncgativa ; NegoCiormn gestorum ; Noxalis ; De pasperie ; De pecnlio ; Pignontida, or Pignora- litia; Pnhlieiana; Quanti minoris; Rationibns distahendia ; De recepto ; Redhibitoria ; Rei oxozae, or Dotis ; Restitutoria and Rescissoria ; RotiliBna ; Sernana ; Pro socio ; Tributoria ; Totdae. [O. L.]
ACTOR s^Tiified generally a plaintiff In a crnl or private action, the plaintiff was often called petitor; in a pnUic action (eoasa pmblioa), he was oBed aeemmxior. (Ci& ad AtL I 16.) The de- ieodant waa caDed reuB^ both in piiyate and public csfises: this term, howerer, according to Cicero {£k OraL n. 43), might signify either party, as in- deed we might conclude from the word itsell In a ffinte action, the defendant was often called adverasraa, but either party might be called ad- tvmuim with respect to the other. Originally, no penoB who waa not sas' juris could maintain an aetJoB ; a jUau JamHiaa^ therefore, and a slaye, cooJd not maintain an action ; but in course of time oertun actiona were allowed to tLjUnufanulias in the absence of hia parent or his procurator, and abo in case the parent was incompetent to act fnm Badneas or other like cause. (Dig.47.tit 10. a 17.) Wards {pmpUU) brought their actions by tkeir tutor (httoi^ ; and in case they wished to bring an action against their tutor, the pnetor naaud a tutor for the purpose. (Oaius, L 184.) Pengrimij or aliena, originally brought their action thioojg;h their patronus ; but afterwards in their own name, by a fiction of law, that they were Boman dtxsena. A Roman dtisen might also generally bring his action by means of a cognitor cr procurator. [Acna] A umvenUas or cor- porate body, sued and was sued by their aetor or tytdiaa, (Dig. 8. tit 4.)
Actor has also the sense of an agent or manager of anotherli business generally. The adorpubUeits was an oflieer who had the superintendence or care of sbves belonging to the states Lipsius says that tbeadbr^a&ifeat wasaslayeorfreednian. A slave could acquire property for others, though not for himidlt In the case mentioned by Pliny {Ep, m
ACUS.
IS
18)y the aeior pMiau was the lepresentatiTe of the community (mpafifibo) of Comnm. (Tadt. Amu ii. 30, iil 67; LipsL Eaemn^adTaaL Amu ii 30.) [G.U]
ACTUA'RIAE NAVE& [Navwi] ACTUA'RII, or ACTA'RIl, clerics who com- piled the Acto Publica. [Acta, pi 8, b.] The name is also sometimes given to the iVbtorn, or short-hand writen, who took down the speeches in the senate and the courts (Suet JmL 55 ; Sen. Ep, 33) ; respecting whom and the use of short- hand among the Romans, see Notaku.
2. Military officers whose duty it was to keep the accounts of the anny, to see that the con- tractors supplied the soldkrs with provisions ac- cording to agreement, &c (Amm. Marc xx. 5 ; Cod. 12. tit. 87. s. 5. 16 ; 12. tit 49.)
3. The title of certain phyndans at the court of (Constantinople. [Msoicuai]
ACTUS, a Roman measure of land, which formed the basis of the whole system of hnd measurement In that system the name aeiut (from ago\ which originally meant a way between fiekis for beasts of burthen to pass (or, as some ny, the length of a furrow), was given to such a way when of a definite width and length, and also to a square piece of knd of the same length. The former was called actus vuMtmus or simpler^ and was 120 feet (Roman) long by 4 feet wide. (Varro, /;. -L. iv. 4, or V. 84, MUller ; OAxasu v. 1. g 5, ed. Schneider ; Festns, a v. iter inter vidnos IV, pedum latum). The oohw ^uadraius^ which was the square unit in the system of Roman hmd- measurement, was of the same length as the ocfau mmuMtts, and of a width equal to its length: it was thus 120 feet square, and sontained 14,400 square feet It was the half of a jogcr. (Colum. Lci Vano, I &, and A. A. L 1 0. ^ 2, ed. Schneider). The following are the etymolqgical explanations of the word : Actus vocabatur, ta quo bones a^eremtur cum aratro^ mno impetu justo (Plin. xviiL 3) ; Ut ager quo agipotsrat^skouaa^ actus, (Vuxro^L.L, L c) The actus furnishes an example of the use of the number twelve among the Romans, its length being twelve times the standard dscbmpxda. ColumeUa {Le, § 6) rays that the Gauls called the actus quadratusj aripemds ; but this could only be an approximate identification, for the actus qua- dratus is somewhat smaller than the great French arpcHt and much larger than the small arpeuL ((Compare Acna ; Niebuhr, Hist. cfRoms^ vol ii. Appendix I.) [P. S.]
ACTUS. [SBRvmjTBB.]
ACUS (iS<A4{ni, fiOiotds^ ^o^r), a needle, a piiw The annexed figures of needles and pins, chiefly
^
ci
I
CI
4
u
ADLECTI.
taken from oriffinaU in bronse, vnij in length from an inch and a naif to about eight inches.
Pins were made not only of metal, but also of wood, bone, and ivory. They were used for the same purposes as with us, and also in dressing the hair. (Mart xiv. 24.) The mode of platting the hair, and then &stening it with a pin or neecUe, is shown in the annexed Bgure of a female hmd, taken from a marble group which was found at Apt, in the south of l^nnce. (Montfiuicon, Ant Bacp, Suppl, iii. 8.) This &shion has been con-
tinued to our own times by the females of Italy, mid of some parts of Germany, as for instance, in the neighbourhood of Coblenz.
ADDICTI. [NexlJ
ADDI'CTIO. [Acna]
ADDIX («Mi{, mtiis), a Greek measure of capacity, equal to four xo^J^uccy. (Hesych. s. v, ; SchoL ad Horn, Od. 19.) [P. S.]
ADEIA (&dcia), freedom from fear, or security, in any public action. When any one in Athens, who had not the full priTilM;es of an Athenian citizen, such as a foreigner, a slave, &c., wished to accuse a person of any offnuce against the people, he was obliged to obtain first permission to do so, which permission was called adda. (Plut PericL 81.) An Athenian citizen who had incurred aHmia, was also obliged to obtain adma before he could take part in public affiiirs (Plut Pkoo, 26) ; and it was not lawful for any one to propose to the people, that an atkiuu should be lestorad to his rights as a citizen, or that a public debtor should be released from his debt, till adeia had been granted for this purpose by a decree passed in an assembly of 6000 citizens voting secretly by ballot (Dem. e. Timocr. p. 715 ; Andoc de MyaL p. 86 ; Bijckh, PtMio Economy of Athens^ p. 392, 2d ed.)
ADE'MPTIO. [Lboatum.]
ADGNA'TI. [CoGNATL]
ADGNA'TIO. [Hbrrs ; Testamsntum.]
ADITIO HEREDITATIS. [Herbs.]
ADJUDICA'TIO. [Actio.]
ADLECTI or ALLECTI. 1. Those who were chosen to fill up a vacancy in any office or colle- gium, and especially those who were chosen to fill up the proper number of the senate. As these would be generally equites, Festns (s. v.) defines the adlecti to be equites added to the senate: and he appears in this passage to make a difference be- tween the adlecti and eon$cripti. But they were probably the same ; for in another passage (s. v. oonscripti)^ he gives the same definition of the cof»*
ADOPTIO.
teripU as he had done of the adhdij and Liiv^' 0^- 1) says contcriptos m novum aenatnm tq^pellabani lectoi,
2. Those nenons under the empire who were admitted to tne privileges and honours of the pme- torship, quaestorship, aedileship, and other public offices, without having any duties to perfomi. (Capitolin. Pertin. 6.) In mscriptions we con- stantly find, adleoUu inter tribmno8y inter quaestores^ inter praetoru^ &.C
ADLECTOR, a collector of taxes in the pro- vinces in the time of the Roman emperorv. (Cod. Theod. 12. tit 6. s. 12.)
ADMISSIONA'LES were cfaambetlaina at the imperial court, who introduced persona to the presence of the emperor. (Lamprid. Sever. 4 ; qfficium admisnoniM, Suet Veep, 14.) They were divided into four classes ; the chief officer of each class was called proarinuu euinuseionnm (Amm. Marc xxil 7) ; and the proKtmi were under the magister admiteUmwn. (Amm. Maic xv. 5 ; Vop. AureL 12.) The admissionales were uanally freedmen. (Cod. Theod. 6. tit 2. s. 12 ; tit. 9. s. 2 ; tit 85. s. 8.)
Friends iq»pear to have been called amid admie- eionie primae, ieetmdae, or iertiae. According to some writers, they were so called in conaequence of the order in which they were admitted ; accord- ing to others, because the atrinm was divided into different parts, s^iarated fit>m one another by hangings, into which persons were admitted ac- cor£ng to the diffisrent degrees of fiivour in which they were held. (Sen. de Benrf. vi 83, 84, Genu LIO.)
ADOLESCENS. [Infans.]
ADO'NIA CAMrta), a festival celebrated in honour of Aphrodite and Adonis in most of the Grecian cities, as well as in numerous places in the East It ksted two days, and was celebrated by women exclusively. On the first day they brooght into the streets statues of Adonis, whico were laid out as corpses ; and they observed all the rites customary at funerals, beating themselves and uttering Uunentations. The second day was spent in merriment and feasting ; because Adonis was allowed to return to life, and spend half of the year with Aphrodite. (Aristoph. Paae, 412, Schol ad he, ; Plut AlcSb, 18, Nie, 13.) For fuller particulars respecting the worship and festi- vals of Adonis, see Dial. ^Bvogr.: v. Adonis,
ADO'PTIO, adoption. 1. Greek, was called by the Athenians tunroiiia'ts, or sometimes simply volfiffis or ^ifftt. The Greek writers use dtirtf also as equivalent to the Roman adoptio^ and ^erol as ec[uivident to adopOvL (App.B. C. iii 18, 14.) The adoptive fother was said irotcitrtfcu, ciawotcl). a^at, or sometimes rotw : and the fiUher or mother (for a mother after the death of her husband could consent to her son being adopted) was said inwouTy : the son was said imrouur^, with re- ference to the fiunily which he lefl ; and clnrotc?. <r0cu, with reference to the fiunily into which he was received. The son, when adopted, was called voi7it6s, tl(nroiriT6s, 0T^rr6s: in opposition to the legitimate son bom of the body of the fiitber, who was called yviitrias.
A man might adopt a son either in his lifetime or by his testament, provided he had no male off- spring and was of sound mind. He might also, by testament, name a person to take hii property, in case his son or sons should die imder ageb (Dem.
ADOPTIO. Emrk arcfdbw YcuS. 13.) If he had male o^iniig, he could not dbpoee of his property. ThU nit of law was dooely comiected with the rule asto adnptinn ; iiar if he could haye adopted a eoa when he had male children, sach son would hare ihared his property with the rest of his male children, and to that esctent the fetther would hare czerciaed apower of diiyosition which the law de- nkd hifflL
Only Athenian citizens coold be adopted ; but {nnales could be adc^ted (bv testament at least) as well as males. (Isaeus, IIcpi rov 'Ayviov KXipou.) The adopted child waa tiansfeired from his own Inuly and demna into thoae of the adoptiTa hxha ; he inherited his property and maintained the moa of his adoptiye fiiftaer. It was not necctcuy for him to take his new father*s name, hot he was registered as his son. The adopted ton Boaht retom to hia fiormer &mily, in case he left a oild to represent the &mily of his adoptive £ither: unless he so returned, he lost all right which he might have had on hu Other's tide if he kui not been adopted ; but he retained all rights which he might have on his mother^s side, for the act of adcncSon had no effect so fiu as concerned the mother ot the adopted person ; she still con- timed his mother aller the act of adoption.
The next of kin of an Athenian citizen were iBtided to his property if he made no disposition flf it by will, or n»de no Talid adoption during his lifetzmle ; tbW were, therefore, interested in pre- Tenting fraudulent adoptions. The whole com- mmij were also interested in preventing the in- trodnetnm into their body of a person who was not sa Athenian dtiaen. To protect the rights of the next of kin against unjust daims by persons who allied thwnarlTes to be adopted sons, it was re- quind thftt the &ther should enter his son, whether boni of his body or adopted, in the register of his pbcatria (^fccrpuchr ypofifAOTHoif) at a certain nae, the Thaigelia (Isaeus, Tltpi rov *AiroXXo8i^. KA^pen, 3, 6), with the privity of his kinsmen and pki^ores (yorvroi, ^pdrepcs). Subsequently to this, it was neoessair to enter him in the register of the adoptive £uher*S demus {Xii^iapxiichif fpa^tfii^ua»\ without which registration it ap- pears that he did not possess the frill rights of ritiamship as a member of his new demus.
If the adoption was by testament, registration was also required, which we may presume that the peraoo himself might procure to be done, if he was of age, or, if not, his guardian or next friend. If a diqmte arose as to the property of the deceased (icX%»ov SiaSixao-Ca) between the son adopted by testament and the next of kin, there could properly be no registntion of the adopted son until the tes- tsmcnt was established. If a man died childless and intestate, his next of kin, according to the Athenian rules of soccession (Dem. IIp&Aco»x» c6), took his oroperty by the right of blood (&>gcurv«a ««Td 7^5). Though registration might in this case also be requireC there was no adoption properly so called, as some modem writers sQppose ; for the next of kin necessarily belonged to the fiunily of the mtestate.
The rales as to adoption among the Athenians are not quite free from difficulty, and it is not easy to avoid all error in stating them. The general doctrines may be mainly deduced from the orations of Isaeus, and those of* Demosthenes against Macartatns and Leocharea.
ADOPTIO.
15
2. Roman. The Roman term was adoptio or adcptatio. (Cell. v. 19.) The Roman relation of parent and child arose either from a lawful mar- riage or from adoption. Adoptio was the general name which comprehended the two species, adoptio and adroffoHo ; and as the adopted person passed from his own fiunilia into that of the person adopt- ing, adoptio caused a ecq>iiis diminution and toe lowest of the three kinds. Adoption, in its specific sense, was the ceremony by which a person who was in the power of his parent ( m potestaie parens tum\ whether child or grandchild, male or female, was transferred to the power of the person adopting him. It was effected under the authority of a magistrate (tnoffidratus), the praetor, for instance, at Rome, or a governor (praeaes) in the provinces. The person to be adopted was mancipated [Man- ciPATio] by his natural father before the com- petent authority^ and surrendered to the adoptive fother by the legal fonn called injurt otttio, (GelL V. 19 ; Suet Aug, 64.)
When a person was not in the power of his parent {mU juri$\ the ceremony of adoption was called adrogatio. Originally, it could only be effected at Rome, and onl^ by a vote of the populus ( pcpuli auetoritaie) in the comitia curiata (2^ curiata) ; the reason of this being that the caput or status of a Roman citizen could not, according to the laws of the Twelve Tables, be afiected except by a vote of the populus in the comitia curiata. Clodius, the enemy of Cicero^ was adrogated into a plebeian fomily by a lex curiata, in order to qualify himself to be elected a tribnnus plebis. (Cic ad Att, ii. 7, p. Dom.) Females could not be adopted by the adrogatio. Under the emperors it became the practice to effect the adrogatio by an imperial rescript {pritic^ cuictoritate, eat retcrgirio prineipit) ; but this practice had not become established in the time of Gaius, or, as it appears, of Ulpian. (Compare Gaius, i. 98, with Gaius as cited in Dig. i. tit. 7. s. 2 ; and Ulpian, Frag, tit 8.) It would seem, however, from a passage in Tacitus {HitL L 15), that Galba adopted a successor without the ceremony of the adrogatio. By a rescript of the Emperor Anto- ninus Pius, addressed to the pontifices, those who were imder age {impuSbere»\ ot wards (pupiUt)^ could, with certain restrictions, be adopted by the adrogatio. If a &ther who had children in his power consented to be adopted by another person, both hhnself and his children became in the power of the adoptive father. All the property of the adopted son became at once the property of the adoptive fother. (Gains, ii 98.) A person could not legally be adopted by the adrogatio till he had made out a satisfactory case (,/iMto, ftono, oaumt) to the pontifices, who had the right of insisting on certain preliminary conditions. This power of the pontifices was probably founded on their riffht to preserve the due observance of the sacra of each ffens. (jCic p, Dom. IB, Slc,) It would accord- mgly have been a good ground of refusing their consent to an adrogatio, if the person to be adopted was Hie only male of his gens, for the sacra would in such case be lost It was required that the adoptive father also had no children, and no rea- sonable hopes of any ; and that he should be older than the person to be adopted. It is generally assumed that all adrogations were made before the curiae. Gaius, however, and Ulpian use the ex- pressions porpopuluniy audoritatepopuli^ expressions
16
ADORATIO.
of very doubtful import with reference to their period* After the comitia curiata fell into disuse, it is moit probable that there was no fonnal aa- semblj of the curiae, and that they were repre- ■cnted by the thirty Uctors.
A wonum could not adopt a person, for eyen her own children were not in her power.
The rules as to adoption which the legislation of Justinian established, are contained in the In- stitutes (I tit 11).
The effect of adoption, as already stated, was to create the legal relation of fiither and son, just as if the adopted son were bom of the blood of the adoptiye father in lawful maznage. The adopted child was intitled to the name and sacra privata of the adopting parent, and it appears thiat the »reseryation of the sacra privata, which by the liws of the Twelve Tables were made perpetual, was frequently one of the reasona for a childless person adopting a son. In case of intestacy, the adopted child would be the heres of his adoptive fiither. He became the brother of his adoptive father^ daughter, and therefore could not many her ; but he did not become the son of the adoptive father^ wife, fi>r adoption only gave to the adopted son the jura agnationis. (Qaius, i. 97 — 107 ; Dig. 1. tit 7 ; Cic p. Domo.)
The phrase of ** adoption by testament** (Cic linU, 58) seems to be rather a misapplication of the term ; for though a man or woman might by testament name a heres, and impose the condition of the heres taking the name of the testator or testatrix, this so-caUed adoption could not produce the effects of a proper adoption. It could give to the person so said to be adopted, the name or pro- perty of the testator or testatrix, but nothing more. Niebuhr {Lectures^ voL iL p. 100) speaks of the testamentaiy adoption of C. Octavins by C. Julias Caesar, as the first that he knew of ; but the pas- sage of Cicero in the Brutut and another passage {Ad Hirt, viii. 8), show that other instances had occuired before. A person on passing fix>m one gens into another^ and taking the name of his new fiunilia, generally retained the name of his old gens also, with the addition to it of the termination oniM. (Cic. ad Att. iil 20, and the note of Vio- torius.) Thus, C. Octavius,afterwards the Emperor Augustas, upon being adopted by the testament of his unde the dictator, assumed ue name of Cains Julius Caesar Octavianus; but he caused the adoption to be confirmed by the curiae. As to the testamentary adoption of C. Octavius, see Drumann, trMQ&icto jRoiM, voL i. p. 337, and the references there given. Livia was adopted into the Julia gens by the testament of Augustus (Tac. Ann. I 8) ; and it was not stated that this required any confirmation. But things were changed tiien. The Lex Julia et Papia Poppaea gave certain privileges to those who had childran, among which privileges ^vas a preference in being appointed to the praetor- ship and such offices. This led to an abuse of the practice of adoption ; for childless persons adopted children in order to qualify themselves for such offices, and then emancipated their adopted chil- dren. This abuse was checked by a senatus consultum in the time of Nero. {Tac Ann. xv. 19 ; Cie.de Of. m, 18, ad Att.ym.Si Suet JnL Cae*. 8d» 7\&. 2, &c ; Heinec. Syntagma; Dig. 86. tit 1. s. 63.) [G. L.]
ADORATIO (w/NHrK^o-if) was paid to the gods in the following manner : — The person
ADULTERIUM.
stretched out his right hand to the statOA of tBe ffod whom he wished to honour, then kissed his hand and waved it to the statue. While doia^ this he moved round his whole body, fi>r which custom Plutarch {Num, 14) gives some curious reasons ; but the true reason probably was, tfaaA the pawn might be the more surely put into com- munication with the deity, as it was uncertaizi where he would reveal himself as the deuM prae$ens. It was also the practice to have the head and ears covered, so that only the forepart of the fiice remained imcovered. (PUn. N. H. xzviii. 5 ; Minudus Felix, 2 ; Lucret t. 1197.) The adoroHo differed firom the croHo or prayers, which were offered with the hands fi>lded together and stretched out to the gods, the natural attitude pre- scribed by nature to the suppliant, and which we find mentioned by Homer. {II. vil 177; ^wrtd- trfuera x^P^* Mtch. Prom, 1004 ; eaelo mpituu /hrre mamtg, Hor. Chrm. iil 23. 1.) The adoration paid to the Roman emperon was borrowed from the eastern mode of adoration, and consisted in prostration on the ground, and kissing the feet and knees of the emperor. ADROGA'TIO. [Adoptio (Roman).] ADSCRIPTFVI. fAccENSi.] ADSERTOR. [Assxrtor.] ADSESSOR. [Assessor.] ADSIGNATIO. [Agharias Lxobs and AoxR.] ADSTIPULA'TIO. [Oblioationbs.] ADSTIPULA'TOR. [Intkrcbssio.] ADULTUS. [Inpans.] ADULTER'IUM, adultery. I. Grbbk. Among the Athenians, if a man caught another man in the act of criminal intercourse {fioixM^ with his wife, he might kill him with impunity ; and the law was also the same with respect to a concubine (voAAoic^). He might also inflict other punishment on the o^nder. It appears that amoog the Athenians there was no adultery, unless a mairied woman was concerned. (Lysias, Tir^p rov *EpetTocHiHwt ^yw.) But it was no adultery for a man to have connection with a married woman who prostituted herself or who was engaged in selling any thing in the agora. (Demosth. Kor^ Ncoipof, c. 18.) The Roman law appears to have been pretty nearly the same. (Paulus, Sent. Beoept. vi. tit 26.) The husband might, if he pleased, take a sum of money fiom the adulterer by way of compensation, and detain him till he fi>und sureties for the payment If the all«^ adulterer had been unjustly detained, he might bring an action against the husband ; and, if he gained his cause, he and his sureties were released. If he failed, the law required the sureties to deliver up the adulterer to the husband before the court, to do what he pleased with him, except that he was not to use a knife or dagger. (Demosth. Kar& Nco^. 18.)
The husband might also prosecute the adulterer in the action called /taix^iat ypap^. If the act of adultery was proved, the husband could no longer cohabit with his wife under pain of losing his privileges of a dtixen (&ri/Ja). The adulteress was excluded even fiom those temples which foreign women and slaves were allowed to enter ; and if she was seen there, any one mi^ht treat her as he pleased, provided he did not kill her or mutilate oer. (Dem. Kara Ncolp. c22; Aeschin. Kari Ti/Jidpx. c. 86.)
ADULTERIUM.
2. Roman. Adnlteriiim jooperlj i^nifiea, b the Romsm law, the ofienoe committed by a man, married or uxmumied, having sexual intercoone with another man'ft wife. Stultram (called by fte Greeks ^^opd} signifies the commerce with a vidov or a Tiigin. It was the condition of the feirm^ which detennined the legal character of adolteiy ; there was no adultery imless the female vas manied. It -is stated, howerer (Dig. 48. UL 5. s. 1 3), that a waoian might commit adultery vbether she was ^ justa uxor sire injusta,** the meaaixig of which is not quite certain ; but pro- idbly k means whether she was liying in a mar- ria^ recognised as a marriage by the Roman law or merely by the jus gentium. The male who ojcnmitted adultery was aduUer^ the female was 'Ui^Itera. The Latin writers were pnsslcd about Lbe etymology of the word adolterium ; but if we hi<k to its various significations besides that of illegal sexual commerce, we may safely refer it to the same root as that which appears in adultus. The notioii is that of ** growing to,** "" fixing,** or ** iteming to,** one thing on anoUier and extra- E-oos tiling: hence, among other meanings, the Kuaiaiis used adulterium and adulteratio as we c^ the word ** adalteratian,** to express the cor- rupting (^ a thing by mixing something with it of l-ss ^^Ine.
In the time of Augustus a lex was enacted (probably B.C. 17), intitled Lex Julia <U Adul- Uriis ooeromdia^ the first chapter of which repealed s'lme prior enactments on the ume subject, with the i»oTisians of which prior enactments we are, h'>i7eTer, unacquainted. Horace {Qimi, vr. 5. 21) aliades to the Julian Jaw. In this law, the terms ad:ulterinm and stupnmi are used mdifferently ; but, fttridly speakings these two terms dififered as aboye stated. The curf prorisions of this hiw may be collected from the S^t (48. tit 5), ifrom Panlus iJSentent. ReeepL ii tit. 26. ed. Schulting), and Bris- Bonius {AdLepemJvliamDeAdulieriii^ Lib. Sing.).
It seems not unlikdy that the enactments re> pealed by the Julian law contained special penal provisiiOQs against adultcfy; and it is also not improbable tmU, by the old law or custom, if the adulterer was caught in the fiict, he was at the mercy of the injund husband, and that the hus- band mi^t punish with death his adulterous wife. (Dionys. u. 25 ; Suet. Tib. 35.) It seems, also, that originally the act of adultery might be pro- seoited by any person, as being a public offence ; but under the emperors the right of prosecution was limited to ihe husband, &ther, brother, pa- tnitts, and aTuncnlos of the adulteress.
By the Julian law, if a husband kept his wife after an act of adultery was known to him, and let the adulterer off, he was guilty of the offence of lenociniuuL. The husband or &ther in whose power the adulteress -was, had sixty days allowed for commencing proceedings against the vrifc, after which time any other person might prosecute. (Tacit. Jtm, ii. 85.) A woman conricted of adultery was mulcted In half of her dos and the third part of her property (Uma\ and banished (releffoia) to some misemble island, such as Seri- i>hoa, for instance. The adulterer was mulcted in half his property, and banished in like manner, but not to the same island as the woman. The adulterer and adulteress were subjected also to ciril incapacities ; but this law did not inflict the punishment of death on either party ; and in those
ADVOCATUS.
17
instances under the emperan in which death ^-as inflicted, it must be considered as an extraordinary punishment, and beyond the provisions of the Julian law. (Tacit Ann, iL 50, iil 24 ; J. Lips. Eteatn, ad Tacii. Aim, iv. 42 ; Noodt, CJp, Omn. i. 286, Slc) But by a constitution of Constantino (Cod. ix. 30, if it is genuine), the offence in the adulterer was made capital. By the legislation of Justinian (Nov, 134. c 10), the law of Con- stantino was probably only confirmed; but the adulteress was put into a convent, after being first whipped. If her husband did not take her out in two yean, she was compelled to assume the habit, and to spend the rest of her life in the convent
The Julian law permitted the lather (both adoptive and natnnl) to kill the adulterer and adulteress in certain cases, as to which there were seveml nice distinctions established by the law. If the father killed only one of the parties, he brought himself within the penalties of the Cor- nelia kw De Sicariis. The husband might kill persons of a certain dass, described in the law, whom he caught in the act of adultery with his wife ; but he could not kill his wife. The hus- band, by the fifth chapter of the Julian law, could detain for twenty hours the adulterer whom he had caught in the foct, for the purpose of calling in witnesses to prove the adultery. If the wife was divorced for adultery, the husband was in- titled to retain part of the dos. (Ulpian, Fr, vL 12.) The authorities for the Lex Julia de Adul- teriis, both ancient and modem, are collected by Kein, Das Crimimilncht der Rdmer^ 1844. [O. L.]
ADVERSA'RIA, note-book, memorandum- book, posting-book, in which the Romans entered memoranda of any importance, especially of money received and expended, which i^ere afterwards transcribed, usually every month, into a kind of ledger. {Thlndae juttae^ eodex accepti et erpenn.) They were probably called Advermria, because they lay always open before the eyes. (Cic. p. Rote Com, 3 ; Prop, iil 23. 20.)
ADVERSA'RIUS. [Actor.]
ADU'NATI (oi^aToi), persons supported by the Athenian state, who, on account of mfirmity or bodily defects, were unable to obtain a livelihood. The sum which they received from the state ap- pears to have varied at different times. In the time of Lysias and Aristotle, (me obolus a day was given ; but it appears to have been afterwards increased to two oboli. The bounty was restricted to persons whose property was under three minae. It was awarded by a decree of the people ; but the examination of the individuals belonged to the senate of the Five Hundred : the payments were made by prytaneiaa. Peisistratus is said to have been the fint to introduce a law for the mainte- nance of those persons who had been mutilated in war ; but, according to others, this provision de- rived its origin finom a law of Solon. (Plut «Sit>^. 31 ; Schol. ad Aetek, vol. iil p. 738, ed. Reiske ; Aesch. c. Tint, p. 123 ; Haipocrat Suid. Hesych. s. V, ; Lysias, *Tir\p rov 'ASvydrov, a spc ech written for an individual in order to prove that he was intitled to be supported by the state ; B5ckh, FvUie Econ. (/Athens, p. 242, &c. 2nd edit)
ADVOCA'TUS seems originally to have signi- fied any person who gave another his md in any affair or business, as a witness for instance (Varr. De Re Rust, il c 5) ; or for the purpose of aiding and protecting him in taking possession of a piece
18
AEDILES.
of propsrty. (Cic pro Caecin, c. 8.) It waa also used to ezpresa a person who gave his advice and aid to anotner in the management of a cause, as a jiiris-consultus did ; bnt the word did not signify the orator or patronns who made the speech (Cic. da Orat, it 74) in the time of Cicero. Under the emperors, it signified a person who in any way assisted in the conduct of a cause (Dig. 50. tit 18. 8. 1), and was sometimes equiviilent to orator. (Tacit Ann. x. 6.) The advocate had then a fee, which was called honorarium. [Orator, Pa- tron us. Lex Cincia.]
The advocatus is defined by Ulpian (Dig. 50, tit 13) to be any person who aids another in the conduct of a suit or action ; but under the empire the jurisconsult! no longer acted as advocates, in the old sense of that term. They had attained a higher position than that which they held under the republic.
The advocatus fisci was an important officer established by Hadrianus. (Spart Hadrian, 60.) It was his business to look a&er the interests of the fiscus or the imperial treasury, and, among other things, to maintain its title to bona eaduoa. The various meanings of advocatus in the Middle Ages are given by Du Omge, Glon, (Dig. 28. tit 4. s. 3 ; HoUweg, Handbueh des CivilproafesteB, p. 196.) [G.L.J
A'DYTUM. [Templum.]
AEACEIA (a((iKcta), a festival of the Aegi- netans in honour of Aeacus, the details of which are not known. The victor in the games which were solemnised on the occasion, consecrated his chaplet in the magnificent temple of Aeacus. (SchoL ad Find. OL vii. 156, xiii 155 ; MUUer, Aegmetioa^ p. 140.) [L. S.]
AEDES. [DoMUS; Templum.]
AEDES VITIO'SAE, RUINO'SAK [Dam- num Infectum.]
AEDI'CUL AE, signifies in the singiilar, a room, but in the plunU, a small house. It is, however, more frequently used in the sense of a shrine, at- tached to the walls of temples or houses, in which the statue of a deity was placed. The aediculae attached to houses, sometimes contained the pe- nates of the house, but more frequently the guardian gods of the street in which they were placed. (Liv. xxxv. 41 ; Petron. 2d.)
AEDI'LES {hryopaofiiun). The name of these functionaries is said to be derived from their having the care of the temple (aedes) of Ceres. The aediles were originally two in number, and called aediles plebeii ; they were elected firom the plebes, and the institution of the office dates from the same time as that of the tribuni plebis, b. a 494. Their duties at first seem to have been merely ministerial ; they were the* assistants of the tribunes in such matters as the tribunes en- trusted to them, among which are enumerated the hearing of causes of smaller importance. At an early period after their institution (b. c. 446), we find them appointed the keepers of the senatus consulta, which the consuls had hitherto arbitrarily suppressed or altered. (Liv. iiL 55.) They were also the keepers of the plebiscita. Other functions were gradually entrusted to them, and it is not always easy to distinguish their duties from some of those which belong to the censors ; nor to dis- tinguish all the duties of the plebeian and curule aediles, after the establishment of the curule aedilcship. Tbt^ bad the general superintendence
AEDILES.
of buildings, both sacred and private : under thia power they provided for the support and repair of temples, curie, &c., and took caie that private buildings which were in a ruinous state (aedes vitioaae^ ruinoaae) were repaired by the owners, or pulled down. The superintendence over the supply and distribution of water at Rome was, at an early- period, a matter of public administration. Ac- cording to Frontinus, this was the duty of the censors ; but when there were no censors, it waa within the province of the aediles. The care of each particular source or supply was fiurmed to un> dertakers {redemptores), and all that they did waa subject to the approbation of the censors or the aediles. {De Aquaeduct. Rom. lib. iL) The care of the streets and pavements, with the cleansing and draining of the city, belonged to the aediles, and the care of the cloacae. They had the office of distributing com among the plebes, which waa sometimes given gratuitously, sometimes sold at a cheap rate ; bnt this distribution of com at Rome must not be confounded with the duty of purchasing or procuring it from foreign parts, which was per- formed by 8ie consuls, quaestors, and praetors, and sometimes by an extraordinary magistrate, as the praeflBctus annonae. The aediles had to see that the public lands were not improperly used, and that the pasture-grounds of the state were not trespassed on ; and they had power to punish by fine any unlawful act in this respect The fines were employed in paving roads, and in other public purposes. They nad a general superin- tendence over buying and selling, and, as a con- sequence, the supenrision of the markets, of things exposed to sale, such as slaves, and of weights and measures : from this part of their duty is derived the name under which the aediles are mentioned by the Greek writers (&7opoy^/iot). It was their business to see that no new deities or religious rites were introduced into the city, to look after the observance of religious ceremonies, and the celebrations of the ancient feasts and festivals. The general superintendence of police compre- hended the duty of preserving order, decency, and the inspection of the baths, and houses of enter- tainment, of brothels, and of prostitutes. The aediles had various officers under them, as prae- cones, scribae, and viatores.
The Aediles Curales, who were also two in number, were originally chosen only from the pa- tricians, afterwards alternately from the patricians and the plebes, and at last indifferontly from both. (Liv. vil 1.) The office of curule aediles was instituted a a 365, and, according to Livy, on the occasion of the plebeian aediles reftuing to consent to celebrate the ludi maximi for the space of four days instead of three ; upon which a senatus consultum was passed, by which two aediles were to be chosen firom the patricians. From this time four aediles, two plebeian and two curule, were annually elected. (Lir. vi. 42.) The distinctive honours of the aediles curules were, the sella curalis, from whence their title is derived, the toga praetexta, precedence in speaking in the senate, and the jus inuiginum. (Cic Verr. v. 14.) Only the aediles curules had the jus edioendi, or the power of promulgating edicta (Oaius, i. 6) ; but the rales comprised m their edictn served for the guidance of all the aediles. The edicta of the cumie aediles wero founded on their authori^ as superintendents of the marketSi
AEDILES.
and of liBjiiigmd Belling in gencial. Accordinglj, tbcir edicts had mainlj, or perhaps solely, reference to the lulcs as to buying and selling, and contracts far beigain and sale!. They were the foundation of the actionea aediliciae, among which are included ikeadhniiibitoriayBndgmMMHmmori». (Dig. 21. ta.1. De AedOiao JSdkto ; OelL iv. 2.) A great part of the prorisioins of the aediles'* edict relate to tke haying and selling of slaves. The persons both of the plebeian and cumle aediles were sa- CTMBBeti. (LiT. iiL 55.)
It seems that after the appointment of the eirde aediles, the functions formerly exercised br the plebeian aediles were exercised, with some iev exeepCiooa, by all the aediles indifierently. Witkin fire days after being elected or entering OQ office^ they were required to determine by lot, « by agreement among themselves, what parts of the city each sfaoold take under his superintend- oee; and each aedile alone had the care of loaking after the paving and cleansing of the rinetS) and other matters, it may be presumed, of the isoie local character vrithin his district {TabuL Bend. cd. Maaoch.)
In the superintendence of the pubUe festivals sfid solemnitiesi, there was a further distinction between the two sets of aedSes. Many of these fcstiTBls, such as those of Flora (Cic. Verr. v. 14 ; (hid. Fad. v. 278, &c.) and Ceres, were superin- teaded by eith^ set of aediles indifferently ; but tbe plebeian gamea {pftheU ludt) were under the npetitttendence of the plebeian aediles (Liv. xzxi M).), who had an allowance of money for that pnrpose; and the fines levied on the pecuarii, and otbcrs, seem to have been appropriated to these smong other public pmposes. (Liv. x. 23 ; zxrn. 6 ; Ovid. Fatt, v. 278, &c.) The celebra- tion of the Ludi magni or Romani, of the Ludi ■cenict, and the ZaxS. Megalesii or Megalenses, bekogcd spedaDy to the cumle aediles (Liv. nxi 50 ; and the Didascaliae to the plays of Tcfeaee), and it was on such occasions tnat they often incmnd a pirodigious expense, with the view ' [ the people and securing their votes in
AEDILE&
19
fntBit deoions. This extravagant expenditure of tbe sediks aroae alter the dose of the second l^me wai^ and increased with the opportunities which iadividnals had of enriching themselves *^ the Roman arms were carried into Greece, Afries, and Spain. Even the prodigality of the em- poms bardly sorpaased that of individual curule sediles under the lepnblic ; such as C. Julius Caesar (Phit Ousor, 5) afterwards the dictator, P. Coraelins Lentolus Spmther ; and, above all, M. Aeinlins Scaorua, whose expenditure was not Inoted to hare show, but comprehended objects of paUic utility, as the repeiation of walls, dock- ywh, ports, and aquaeducts. (Cicde Qf.n.\7 ; Plin. H, K xxxm. 3, xxxvi 15.) An instance is BotaoBcd by Dion Gsssius (xliil 48) of the Ludi Megdon being superintended by the plebeian *^^» ; hut it was done pursuant to a senatns nosaham, and thus the particular exception con- few the general rule.
la & a 45, Julius Caesar caused two curule a^^iks and four plebeian aediles to be elected ; Bid theneeforward, at leaat so long as the office of Mdile was of any importance, six aediles were Bunally elected. The two new plebeian aediles ^m called Cerealea, and their duty was to look ■ftcr tbe supply of eon. Though their office may
not have been of any great importance after the institution of a pFEtefSecUis annonae by Augustus, there is no doubt that it existed for several cen- turies, and at least as late as the time of Oordian.
The aediles belonged to the class of the minores magislnitus. Dionysius states that the aediles were originally chosen at the comitia curiata (ix. 43) ; but this is not probable. The plebeian aediles were originally chosen at the comitia centuriata, but afterwards at the comitia tributa (Dionys. vL 90. ix. 43. 49 ; Liv. ii 56, 57), in which comitia the curule aediles also were chosen, at the same time (Plut Marita, 5) ; but it appears that there was a separate voting for the curule and the plebeian aediles, and that the curule aediles were elected first It appears that until the lex annalis was passed, a Roman citizen might be a candidate for any office after completing his twenty-seventh year. This lex annalis, which was passed at the instance of the tribune L. Villins Tappolus, &c. 180, fixed the age at which each office might be enjoyed. (Liv. xl. 44.) The passage of Livy does not mention what were the ages fixed by this law ; but it is collected from various passages of Roman writers, that the age fixed for the aedileship was thirty-six. This, at least, was the age at which a man could be a candidate for the curule aedileship, and it does not appear that there was a different rule for the plebeian aedileship. In Cicero^s time, the aediles were elected some time in July, the usual place of election was the Field of Mars (Campus Martins), and the presiding magistrate was a consul.
The aediles existed under the emperors ; but their powers were gradually diminished, and their functions exercised by new officers created by the emperara. After the battle of Actium, Augustus appointed a praefectua urbi, who exercised the general police, which had formerly been one of the duties of the aediles. Augustus also took from the aediles, or exercised himself^ the office of superintending the religious rites, and the banish- ing from the dty of all foreign ceremonials ; he also assumed the superintendence of the temples, and thus may be said to have destroyed the aedile- ship by depriving it of its old and original func- tion. This will serve to explain the fact men- tioned by Dion Cassius (Iv. 24), that no one was willing to hold so contemptible an office, and Augustus was therefore reduced to the necessity of compelling persons to take it : persons were ac* cordingly chosen by lot, out of those who had served the office of quaestor and tribune ; and this was done more than once. The last recorded in- stance of the splendours of the aedileship is the administration of Agrippa, who volunteered to take the office, and repaired all the public buildings and all the roads at nis own expense, without dmwing anything from the treasury. (Dion Cass. xlix. 43 ; Plin. H. N. xxxvl 15.) The aedileship had, however, lost its true character before this time. Agrippa had already been consul before he accepted the office of aedile, and his munificent expenditure in this nominal office was the dose of the splendour of the aedileship. Augustus appointed the ainile aedilea specially to the office of putting out fires, and placed a body of 600 slaves at their command ; but the praefecti vigilum afterwards performed this duty. In like manner the cmraloreg viarum were appointed by him to superintend the roads near the dty, tCaa the quatuorviri to superintend those c 2
20
AEGINETARUM FERIAK
within Rome. The curatores optirum puUicorum and the cttratores cUvei Tiberis, also appointed by Augustus, stripped the aediles of the remaining few duties that might be called honourable. They lost also the superintendence of wells, or springs, and of the aquaieducts. (Frontinus ii. De Aquaa- ducHbus.) They retained, under the early em- perors, a kind of police, for the purpose of repress- ing open licentiousness and disorder: thus the baths, eating-houses, and brothels were still sub- ject to their inspection, and the registration of prostitutes was still within their duties. (Tacit Aimed, ii. 85.) We read of the aediles under Augustus making search after libellous books, in order that they might be burnt ; and also under Tiberius (Tacit Ann. iv. 36.)
The coloniae, and the municipia of the later period, had also their aediles, whose numbers and functions varied in different places. They seem, however, as to their powers and duties, to have re- sembled the aediles of Rome. They were chosen annually. (De Aedd. CoI.,Slc Otto. Lips. 1732.)
The history, powers, and duties of the aediles are stated with great minuteness by Schubert, De Jlomattorum AedUibas^ lib. iv. Regimontii, 1828. See also Wunder, De Romanorum ComUiis Aedi- littm Curulium^ in his edition of Cicero^s Oration Pro Cn. Plancio, Leipzig, 1830. [O. L.]
AEDI'TUI, AEDI'TUMI, AEDFTIMI (vfUKSpoi, CdKopoi\ persons who took care of the temples, and attended to the cleaning of them. Notwithstanding this menial service, they partook of the priestly character, and are sometimes even called priests by the Greek granmiarians. (Suid. Hesych. Etym. M. ». v. (dKopos ; Pollux, i. 14.) In many cases they were women, as Timo in Herodotus (vi. 134), who also speaks of her as ^oioKopos^ from which it is clear that in some places several of these priests must have been at- tached to one and the same temple, and that they differed among themselves in rank. Subsequently ' the menial services connected with the office of the Neoeori were left to slaves, and the latter became a title given to priestly officers of high rank, of whom an account is given in a separate article. [Neocori.J The aeditui lived in the temples, or near them, and acted as ciceroni to those persons who wished to see them. (Plin. H. M xxxvi. 4. § 10 ; Cio. Verr. iv. 44 ; Liv. xxx. 17 ; Schol. ad Hor. Ep. iL 1. 230.) In ancient times the aeditui were citizens, but under the emperors freedmen. (Serv. ad Virg. Aen. ix. 648.)
AEGINETA'RUM FE'RIAE {Pdyivjtr&v iopr-fi)^ a festival in honour of Poseidon, which lasted sixteen days, during which time every family took ;ts meals quietly and alone, no slave being allowed to wait, and no stranger invited to partake of them. From the circimistancc of each family being closely confined to itself, those who solenmised this festival were called fiovo^yoi. Plutarch {Quaest. Graec 44) traces its origin to the Trojan war,and says that,as many of the Aeginetans had lost their lives, partly in the siege of Troy and partly on their return home, those who reached their native island were received indeed with joy by their kinsmen ; but in order to avoid hurting the feelings of those families who had to lament the loss of their friends, they thought it proper neither to show their joy nor to offer any sacrifices in public. Every family, therefore, entertained privately their friends who had returned, and
AEGia acted themselves as attendants, though not with- out rejoicings. [ L* S. ]
AEGIS {cuyls\ the shield of Zeus, signifies literally a goat-skin, and is formed on the same analogy with ytSpls^ a fiiwn-skin. (Herod, iv. 189.) According to ancient mythology, the aegis worn by Zeus was the hide of the goat Amaltheia, which had suckled him in his infimcy. Hyginns relates (Astron. Poet. 13), that, when he was preparing to resist the Titans, he was directed, if he wished to conquer, to wear a goat-skin with the head of the Gorgon. To this particular goat-skin the term aegis was afterwards confined. Homer always re- presents it as part of the armour of Zeus, whom on this account he distinguishes by the epithet asffis- bearing (aiyioxoi). He, however, asserts, that it was borrowed on different occasions both by Apollo (II. XT. 229, 307—318, 360, xxiv. 20), and by Athena (IL ii. 447-^449, xviii. 204, xxi. 400).
The skins of various quadrupeds having been used by the most ancient inhabitants of Greece for clothing and defence, we cannot wonder that the goat-skin was employed in the same manner. It must also be borne in mind that the heavy shields of the ancient Greeks were in part sup- ported by a belt or strap (rfKofi^u, baUeus) paaaing over the ri^ht shoulder, and, when not elevated with the shield, descending transversely tu the left hip. In order that a goat-skin might serve this purpose, two of its legs woiUd probably be tied over the right shoulder of the wearer, the other extremity being fastened to the mside of the shield. In combat the left arm would be passed under the hide, and would raise it together with the shield, as IS shown in a marble statue of Athena, pre- served in the museum at Naples, which, from its style of art, may be reckoned among the most an- cient in existence.
Other statues of Athena represent her in a state of repose, and with the goat-«kin &lling obliquely firom its loose fastening over her right shoulder, so as to pass round the body under the left arm. The annexed figure is taken from a colossal statue of Athena at Dresden.
AEGIS.
AEGIS.
21
AootLer mode of wearing this garment, also of peaceful expreaaioo, it leen in a statue of Athena at Dresden, of still higher antiquity than that last rdemd to, and in the reij ancient image of the same goddcas from the temple of Zeus at Aegina. In hodi of these the aegis corers the right as well as the left shoulder, the hrcast, and the back, &11- isg behind so as almost to reach the feet. Schom (in BafttigetH AmaWtea, iL 215) considers this as the original fonn of the aegis.
By a figure of speech. Homer uses the term segtt to denote not only the goat-skin, which it property signified, hat together with it the shield u> which it belonged. By thus nnderstandinff the wofd. It is easy to comprehend both why Athena is ssid to throw her &ther^ aegtt around her shoulders (72. r. 738, xriiL 204), and why on one occanon ApoUo is said to hdd it in his hand and to shake it ao as to terrify and confound the Greeks {IL xr. 229. 307 — 321), and on another occasion to cover with it the dead body of Hector in ofdcr to protect it from insult (xxiv. 20). In these passages we must suppose the aegis to mean the shield, together with the large expanded skin or belt hy 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 cor- responding to the might and majesty of the father ef the goda. In the middle of it was fixed the appalling Gorgon^ head (7^ t. 741), and its border was surrounded with golden tassels (d^wm), each of which was worth a hecatomb (U. 446--449). In the figures above exhibited, the serpents of the Gorgon^ head are transferred to the horder of the skin.
By the later poets and artists, the origuial con- ception of the aegis appears to hare been for- gotten or disregarded. They represent it as a breast-plate covered with metal in the form of scales, not used to support the shield, but extend- ing eqnally on both sides from shoulder to shoulder ; as in the annexed figure, taken fixnn a itstne at Florence.
With this appearance the descriptions of the segis by the Latin poets generally correspond. (Viig. Aau viii. 485—438 ; VaL Flacc vi. 174 ; Sid. ApolL Carm. 15 ; SO. ItaL ix. 442.)
It is remarkable that, although the aegu pro- perly belonged to Zeus, yet we seldom fiml it as an attribute of Zeus in works of art. There is, however, in the museum at Leyden, a marble statue of Zeus, found at Utica, in which the aegis hangs over his left shoulder. The annexed figure is taken from an ancient cameo. Zeus is here represented with the aegis wrapt round the fi>re part of his left aim. The shield is placed underneath it, at his feet
The^ Roman emperors also assumed the aegis, intending thereby to exhibit themselves in the character of Jupiter. Of this the armed statue of Hadrian in the British Mnseum presents an ex> ample. ^ In these cases the more recent Roman conception of the aegis is of course followed, co- incidmg with the remark of Servius {Aen. viiL. 435), that this breast-armour was called aegis when worn by a god ; lorica^ when worn by a man. I (Comp. Mart viL 1.) [J. Y.l
C 3
22
AENUM.
AEINAUTAE (iitiyavTai), magistrates at MUetiu, consisting of the chief men in the state, who obtained the supreme power on the deposition of the tyrants, Thoos and Damasenor. Whenever they wished to deliberate on important matters, they embarked on board ship (hence their name), put out at a distance from land, and did not return to shore till they had transacted their business. (Plut. Quaett. Graee, 32.) AEIPHU'GIA (hfiiwyla). [Exsilium.] AEISITI (ixtffvrot). [Prytaneium.] AENEATO'RES (ahenatores, Amm. Marc xziv. 4), were those who blew upon wind instru- ments in the Roman army, namely, the buc- dnaiores^ comicine$, and tubieinesj and they were so called because all these instruments were made of aes or bronze. (Suet Oae$. 32.) Aeneatores were also employed in the public games. (Sen. Ep. 84.) A ooUeffium amuaiorum is mentioned in in- scriptions. (Orelli, Ituer, No. 4059.)
AENIOMA (a2(y(7/ia), a riddle. It appean to have been a very ancient custom among the Greeks, especially at their symposia, to amuse themselves by proposing riddles to be solved. Their partiality for this sort of amusement is at- tested by the fact that some persons, such as Theodectes of Phaselis and Aristonymus, acquired considerable reputation as inventors and writers of riddles. (Athen. x. pp. 451, 452, ziL p.53&) Those who were successful in solving the nddle proposed to them received a prise, which had been pre- viously agreed upon by the company, and usually consisted of wreaths, taeniae, cakes, and other sweetmeats, or kisses, whereas a person unable to solve a riddle was condemned to drink in one breath a certain quantity of wine, sometimes mixed with salt water. (Athen. x. p. 457 ; Pollux, vi. 107 ; Hesych. s. v, ypttfms,) Those riddles which have come down to us are mostly in hexameter verse, and the tragic as well as comic writers not unfire- quently introduced them into their plays. Pollux (L c.) distinguishes two kinds of riddles, the aiviyiM and ypi^Sy and, according to him, the former was of a jocose and the latter of a serious nature ; but in the writers whose works have come down to us, no such distinction is observed ; and there are passages where the name yoi^t is given to the most ludicrous jokes of this kind. (Aristoph. Vesp. 20 ; comp. Becker, Chandetj vol. i. p. 473.) The Romans seem to have been too serious to find any great amusement in riddles ; and when Gellius (xviiL 2) introduces some Ro- mans at a banquet engaged in solving riddles, we must remember that the scene is laid at Athens ; and we do not hear of any Romans who invented or wrote riddles imtil a very late period. Appu- leius ^Tote a work entitled Liber Ladicrorum el Cwriphorum, which is lost After the time of Ap- puleius, several collections of riddles were made, some of which are still extant in MS. in various libraries. [L. S.]
AE'NUM, or AHE'NUM (sc ««), a brazen vessel, used for boiling, is defined by Paullus to be a vessel hanging over the fire, in which water was boiled for drinking, whereas food was boiled in the oaoabus, (Dig. 33. tit 7. s. 18. § 3.) This distinction is not, however, always observed ; for we read of food being cooked in the acnum, (Juv. XV. 81 ; Ov. Met. vi. 645.) The word is also frequently used in the sense of a dyer^s copper ; and, as purple was the most celebrated dye of
AERARII.
antiquity, we find the expressions 5iie£omtmia««mm, TVn'ttm oi'Mun, &c (Ov. FkuL iii 822 ; Mart XIV. 133.)
AEO'RA, or EO'RA (ait&pa, Upa\ a festival at Athens, accompanied with sacrifices and ban- quets, whence it is sometimes called cffSciwo^ The common account of its origin is as follows : — Icarins was killed by the shepherds to whom he had given wine, and who, being unacquainted with the effects of this beverage, fiincied in their intoxication that he had given them poison. Erigone, his daughter, guided by a fiEtithiul dog, discoveied the corpse of her fiither, whom she had sought a long time in vain ; and, praying to the gods that all Athenian maidens might perish in the same manner, hung herself. After this oc- currence, many Athenian women actually hung themselves, apparently without any motive what- ever ; and when the oracle was consulted respect- ing it, the answer was, that Icarius and Erigone must be propitiated by a festival. (Hygin. Pod, Attron, ii 4.) According to the Etymologiciim Magmm^ the festival was celebrated in hoDoor of Erigone, daughter of Aegisthus and Clytaenmestra, who came to Athens to bring the chaige of matri- cide against Orestes before the Areiopagus ; and, when he was acquitted, hung herself, with the same wish as the daughter of Icarius, and with the same consequences. According to Hesychius, the festival was celebrated in commemoration of the tyrant Temaleus, but no reason is assigned. Eustathius {ad Horn. pp. 889, 1535) calls the maiden who hung herself Aiora. But as the festival is also called *AA^ts (apparently from the wan- derings of Erigone, the daughter of Icarins), the legend which was first mentioned seems to be the most entitled to belief. Pollux (iv. 7. § 55) men- tions a song made by Theodoras of Colophon, which persons used to sing whilst swinging them- selves (4y 'reus alApais). It is, therefore, probable that the Athenian maidens, in remembrance of Erigone and the other Athenian women who had hung themselves, swung themselves during this festival, at the same time sinnng the above- mentioned song of Theodoras. (See also Athen. xiv. p. 618.) [L. &J
AERA. [Chronologia.]
AERA'RII, a class of Roman citizens, who are said not to have been contained in the thirty tribes instituted by Servius Tullius. It is, how- ever, one of the most difficult points in the Roman constitution to determine who they were ; since all the passages in which they are mentioned refer only to the power of the censors to degrade a citizen, for bad conduct, by removing him from his tribe and making him an aerarian; but we nowhere find any definition of what an aerarian was. The Pseudo-Asconius {ad Cic. divm, m OaeciL p. 103, ed. Orelli), says that a plebeian might be degraded by being transferred to the tabulae Caeriium and becoming an aerarius. The error in this state- ment is, that not only a plebeian, but a senator and an eques also might become an aerarian, while for a plebeian there was no other punishment ex- cept that of becoming an aerarian. From the Pseudo-Asconius we collect that to have one*8 name transferred to the tables of the Caerites was equivalent to becoming an aerarian ; secondly, that an aerarian no longer belonged to a century ; and, thirdly, that he had to pay the tribute in a dif- ferent manner from the other citizens. These state-
AERARIUM.
AERAEIUM.
93
by the Scfaoliasta Craqnias «D Horace {EpUL l 6. C2> and by Qelliofl (xri. 13). If we etrictly kee^ to what we there learn, we cannol adopt the opinioa tliat the aerarians fwtinitrd of artimia and freedmen (Niebuhr, Hitt ofBamm, voL L p. 472), for aome artisans had a Toy honooiable poaitioii in the Serrian conttita- tkn ; bat there were oertain occnpatuma, eapedaUy thoae of ictafl dealen (eenqMMet, KdviyAoi), which vcn tfaoBght degntding, and which were earned on geoeraUy by iaopolitei, who took up their abode at Rone, and the nombw of this clus of penons (■—icy PS or ekta sum m^^ragio) may have been Teiy gnat. These people we conceive to have heoi die tmrnu i^ not, indeed, on account of their fwiipatiun, bat because they were citizens who did not enjoy the soffiage. Hoioe the Caerites vera pn>bably the first body of aerarians ; and any Ronan citizen guilty of a crime punishable by the eenaoca, might be degraded to the rank of so that his civic rights were sus- at least for the time tbit he was an L But we cannot suppose that the fitct of a Rmnaa citisen engaging in trade brought about waA a degradatioa ; loir there can be h'ttle doubt that the persoos cunaiituiing the dty tribes (^ribua v^HMs) were more or less all engaged in trade and eonmefee. Henee, to nmove a man from a country tribe to a city tribe, cannot have been equivalent to making him aa aoariaa (Cic. pro CUunL 43), and the lattff can have been the case only when he was excluded firam aU the tribes, t>r when he belonged to a city tribe ; so that moving him from hii tribe was equivalent to ezdnding hmi from all tribea, Penoma who were made imfimet likewise beeasM acnriana, for they lost the jus honorum and thesoffiagium. (Augustin. d» CSv, Dei, ii 13 ; Gcfn Ometd. 42.) The two scholiasts above reiened to agree in Mtedng that the aerarians had to |iay a tribntam pro capito ; and that this tax was cooaidenbly higher than that paid by the other dtisena, most be inferred from Livy (iv. 24), who slates that Aemilius Mamerens was made an wetmmBi oetmpUeato cshm. They were ■Bt allowed to aerve in the legions ; but as they aevstheless enjoyed the protection of the state, mA a high rate of taxation cannot be considered
It has been asserted that the Ub^rtud, as such, bcifo^ged to the daas of the aerarians; but this tpiaiflB is foanded upon a wrong statement of Piatareh {PvflUe, 7), that freedmen did not obtain the soffiEage till the time of Appius Claudius ; for Dioayaias (ir. 22) informs us that Servius Tullius ineotposated them with the dty tribes. (Comp. ZoBsyraa, vii 9; Husehke, Verfauimg det Sen, 7ULp.494,&c.; GiKtling, O^ncA. der Aom. StoKs- nrf. pu 260, &c ; Becker, Hmdlmdk der JVim, AUerdL vol. ii. pfn 183— 11>6.) [L. S.]
AERA'RII TRIBU'NI. [Aia Equkstrs ; TuBma.]
AERA'RIUM (rh 3q^ior), the public trea- my at Rooie, and hence the public money itself Afuer the banishment of the kings the temple of Satant was employed, upon the proposition of Valenas PoplicMa, as the place for keeping the poUie money, and it eontinned to be so used till the ktcr times of the empire. (Plut PopL 12, ^MMt. Aeok 42 ; Festos, «. e. Aerarumy Be-
* Of this temple three Corinthian pilUirs with
rides the public money and the accounts connected with its receipts, expenditure, and debtors, va* nous other things were preserved in the treasury ; of these the most important were : — 1. The standards of the legions (Liv. iii. 69, iv. 22, vii. 23). 2. The various laws passed from time to time, engraven on brasen tables (Suet Caee, 28). Sw The decrees of the soiate, which were entered there in books kept for the purpose, though the original documents were preserved in the temple of Coes under the custody of the aediles. (Joseph. Ant xiv. 10. § 10 ; Plut CoU. Mm. 17 ; Cic; de Leg, iii. 4 ; Tac; Ann, vL 51.) [AxDiLXS.] 4. Various othor public documents, the reports and despatehes of all generals and governors of provinces, the names of all foreign ambassadors that came to Rome [Lxgatus], &c.
The aerarwm was the common treasuiy of the stete, and must be distinguished from the pubiiettm, which was the treasury of the populus or the pa- tricians. It is mentioned as one of the grievances of the plebeians that the booty gained in war was frequently paid into the publicum {redigiiurin pMiemn), instead of being paid into the aerarium, or distributed among the soldiers (Liv. 1142); but since we no longer read, after the time of thn decemvirate, of the booty being paid into the puV licum, but always into the aecarium, it is supposed by Niebuhr that this was a consequence of the de- oemviral legidation. (Niebuhr, Hiti, Rom, voL ii notes 386, 954.) Under the republic the aerarium was divided into two parts : the common treasury, in which were deposited the regtdar taxes [Tri- BUTUM ; Yxctigalia], and nom which were taken the sums of money needed for the ordinary expenditure of the state ; and the sacred treasury {tMerarium ecmctwn mtametivs, Liv. xxvii 10 ; Flor. iv. 2 ; Caes. B. C i 14 ; Cic. ad Alt vii. 21), which was never touched except in cases of ex- treme peril. Both of these treasuries were in the temple of Saturn, but in distinct parts of the temple. The sacred treasury seems to have been first es- toblished soon after the capture of Rome by the Oauls, in order that the state might always have money in the treasury to meet the danger which was ever most dreaded by the Romans, — a war with the Oauls. (Apnian, B, C. il 41.) At first, probably part of tne plunder which the Romans gained in their wars with their neigh* hours was paid into this sacred treasury ; but a regular means for augmenting it was established in B. c. 357 by the Lex Manlia, which enacted that a tax of five per cent (taosmna) upon the value of every manumitted slave should be paid into this treasury. As this money was to be pre- served, and therefore space was some object, it had, at least at a later time, either to be paid in gold or was kept in the treasury in gold, since Livy speaks of antmm vieettmarium (Liv. vii 16, xxvii. 10 ; comp. Cic. ad, AH, il 16). A portion of the immense wealth obtained by the Romans in their conquests in the East was likewise deposited in the sacred treasury; and though we cannot suppose
the architrave are still extant, standing on the Clivns Capitolinus to the right of a person as- cending the hill. It was rebuilt by L. Hunatius Pkincus in the time -of Augustus (Suet. Aug, 29 ; (helli, Tneer. No. 590), and again restored by Sep- timins Severus. (Becker, Handbtieh der BooM' oAot AitertkumM-, vol. L p^ 315.) c 4
24
AERARIUM.
that it was spared in the civil wars between Marias and Sulla, yet Julius Caesar, when he ap- propriated it to his own use on the breaking out of the second civil war, a c. 49, still found in it enor- mous sums of money. (Plin. H. N. zxxiiL 3. s. 1 7 ; Dion Cass. zlL 17 ; Oros. vi 15 ; Lucan, iil 1 55.) Upon the establishment of the imperial power under Augustus, there was an important change made in the public income and ezpend^lture. He divided the provinces and the administration of the government between the senate, as the representa- tive of the old Roman people, and the Caesar : all the property of the former continued to be called aenarium, and that of the latter received the name oSfitcus. [Fiscua] The aerarium consequently, received all the taxes from the provinces belonging to the senate, and likewise most of the taxes which had formerly been levied in Italy itself such as the revenues of all public lands still remaining in Italy, the tax on manumissions, the custom>4uties, the water-rates for the use of the water brought into the city by the aquaeducts, the sewer-rates.
Besides the aerarium and the fiaaUy Augustus established a third treasury, to provide for the pay and support of the army, and this received the name of aerarium mHitare, It was foimded in the consulship of M . Aemilius Lepidus and L. Arrun- tius, A. D. 6, in consequence of the difficulty which was experienced in obtaining sufficient funds from the ordinary revenues of the state to give the sol- diers their rewards upon dismission from service. Augustus paid a very large sum into the treasury upon its foundation, and promised to do so every year. In the Monumentum Ancyranum, Augustus is said to have paid into the treasury in the con- sulship of Aemilius and Arruntius 170 millions of sesterces ; but this sum is probably the entire amount which he contributed to it during his whole reign. As he reigned eight years and a half after the establishment of the treasury, and would pro- bably have made the payments half yearly, he would in that case have contributed ten millions of sesterces every half year. He also imposed several new taxes to be paid into this aerarium. (Suet Aug. 49 i Dion Cass. Iv. 23, 24, 25, 32 ; M<mu^ mentum Ancyranum^ jap. 32, 65, ed. Franzius and Ziunptius, Berol. 1845.) Of these the roost im- portant was the tfioesima hereditaium et UgaUmtmy a tax of five per cent, which had to be paid by every Roman citizen upon any inheritance or legacy being left to him, with the exception of such as were left to a citizen by his nearest relatives, or such as were below a certain amoimt (Dion Cass. I v. 25, Ivl 28 ; Plin. Paitag, 37—40 ; Capitol. M. Anton, 11.) This tax was raised by Caracalla to ten per cent, but subsequently reduced by Macri- nus to 6ve (Dion Cass. Ixxvii. 9, Ixxviil 12), and eventually abolished altogether. (Od. 6. tit 33. s. 3.) There was also paid into the aerarium mili- tare a tax of one per cent upon every thing sold at auctions (een^nma rerum venalium)^ reduced by Tiberius to half per cent (duceniesima\ and after^ wards abolished by Caligula altogether for Italy (Tac. Ann, i. 76, ii. 42 ; Suet QU. 16) ; and likewise a tax upon every slave that was pur- chased, at first of two per cent (quingu^etima), and afterwards of four per cent, (qmnta et vicenma) of its value. (Dion Cass. Iv. 31 ; Tac. Ann. xiiL 31 ; Orelli, Inter. No. 3336.) Besides these taxes, no doubt the booty obtained in war and not dis-
AERARIUM.
tributed among the soldiers was also deposited id the military treasury.
The distinction between the aerarium and the fiscus continued to exist at least as late as the reign of M. Aurelius (rb jSoo-iXxirby koI t^ Sij/i^io*', Dion Cass. bcxL 33 ; Vulcat Qallic. Avid. Otss. 7) ; but as the emperor gradually concentrated the administration of the whole empire into hU hands, the aerarium likewise became exclusively under his control, and this we find to have been the case even in the reign of M. Aurelius, when the distinction between the aerarium and the fisciu was still retained. (Dion Caas. IxxL 33.) When the aerarium ceased to belong to the senate, this distinction between the aerarium and fiscus natu- rally ceased also, as both of them were now the treasury of the Caesar ; and accordingly later jurists used the words aerarium and fiscus indis^ criminately, though properly speaking there was no treasury but that of the Caesar. The senate, how- ever, still continued to possess the management of the municipal chest {area puUioa) of the city. (Vopisc Aurelian. 20.)
In the time of the republic, the entire management of the revenues of the state belonged to the senate ; and under the superintendence and control of the senate the quaestors had the charge of the aera- rium. [Sbnatus ; QuABSTOR.] With the excep- tion of the consuls, who had the right of drawing from the treasury whatever sums they pleased, the quaestors had not the power to make payments to any one, even to a dictator, without a special order from the senate. (Polyb. vi. 12, 13 ; Liv. xxxviiu 55; Zonar. viL 13.) In B.C. 45, when no quaes- tors were chosen, two praefects of the city had the custody of the aerarium (Dion. C^ass. xliiL 48) ; but it doubtless passed again into the hands of the quaestors, when they were elected again in the following year. In their hands it seems to have remained till b.c. 28, when Augustus deprived them of it and gave it to two praefects, whom he allowed the senate to choose from among the prae- tors at the end of their year of office ; but as he suspected that this gave rise to canvassing, he en- acted, in B. c. 23, that two of the praetors in office should have the charge of the aerarium by lot (Suet Oetav. 86 ; Dion Cass. liii. 2, 32 ; Tac Ann. xiii. 29.) They were c&Ued praetores aerarU (Tac. Ann. i. 75 ; Frontm. de Aquae Duct. 100) or ad aerarium (Ordli, Inecr, n. 723). This arrange- ment continued till the reign of Claudius, who restored to the quaestors the care of the aerarium, depriving them of certain other offices which they had received from Augustus (Tac Ann. xiii. 29 ; Suet Claud. 24 ; Dion. C^ass. Ix. 24) ; but as their age seemed too young for so grave a trust, Nero took it from them and gave it to those who had been praetors, and who received the title of pra^ /ecti aerarii. (Tac Ami. xiii 28, 29.) During the latter part of the reign of Trajan, or the begin- ning of that of Vespasian, a fresh change seems to have been made, for we read of praetores aerarii in the time of the latter (Tac Hist, iv. 9) ; but in the reign of Trajan, if not before, it was again en- trusted to praefects, who appear to have hdd their office for two years ; and henceforth no further change seems to have been made. (Plin. Paneg, 91, 92, Ep. X. 20 ; Suet Ciaud. 24.) They are called in inscriptions praejecti aerarii Saiumi^ and they appear to have had quaestors also to assist them in their duties, as we find mention of quaes-
AES.
lor«s mer^ru Saittnri in inscriptions under Hadrian andSerenuL <OTidiiis,^M^/»«cr.pil25.n.6.p. 131. B. 3 ; Grata, pi 1027, n. 4.) These praefects had jnnsdictaain ; and hefore their oonrt in the temple oS Satnniy all infoimations were laid respecting pitmwat* due to the aefarinm and iiscns. (Plin. T^M^. 36 ; Dig. 49. tit. 14. ss. 13, 15.)
The aerarium milHare was under the care of distinct praefects, who were first appointed bj lot fnm amoag those who had filled the office of bat were afterwards nominated by the (Dion. Caas^ It. 25 ; compw Tac Amu T. 8.) They freqaently occur in inscriptions under the title of praefecH aerarU mUHaru, (Walter, GaekUU^da i&miaiAm RediU,ji^^\^&.c^ 397, kjL. 2d edition ; Lipahis, ad Toe, Ann, ziiL 29.)
AES (xaA«^')* These words signify both pore copper and a composition of metak, in which eo^a is the piedominant ingredient In the latter sense they should not be translated. 6nM», hat mther bnmm. Brass is a combination of copper and ztM^ while all the spedmens of ancient objects fetmedof the compound material called ass, are fvnnd upoa analysis to contain no sine ; but, with Toy limited cxceptioiis, to be composed entirely of tapper amd <m, which mixture is property called Imae. Our chief infonnation about the copper and branse of the ancients is derived from Pliny (£f. N, zzziT.). Copper, being one of the most abondantand genenlly distributed of the metals, was natmally used at a ipfry eariy period by the Gn^a and Romansi Pliny (/T. N. xxzir. 1) mntions three of its ores {Japides aeron)^ namely, oadada^ ckaieiHt^ and mtiriMiaim or oriekakum^ into the exact nature of which this ii not the place to inquire^
In the most ancient times we can ascend to, the chief supi^y came from Cyprus; whence the modem name ^copper is said to be derived. (Comp. Horn. Oiyt. i 184, and Nitzach's Note ; Plin. H, N, viL 56. s. 57) ; but according to an old tradition it was first livond in £uboea, and the town of Chalcis took its name fnm a oopper-mine. (Plin. H, N. ir. 12. s^ 21«) It was also found in Asia and the soath of Italy, in Gaul, in the moantains of Spain (esnpi Pans. tL 19. § 2), and in the Alps. The ait of smeltii^ the ore was perfectly familiar to the Greeks of Uomcr^ time. (Comp. Hesiod. Tkeog. 861--866.)
The abondanee of copper sufficiently accounts for its general use among the ancients ; money, vases, and utensils of all sorts, whether for domestic or Mcrifidal purposes^ onounents, anns offensire and defensive, foraitoR, tablets for inscriptions, musical instraments, and indeed eveiy object to which it could be applied, being made of it (Hesiod, Op. H DL 150, 151 ; Lnovt v. 1286.) We have a remackable result of this fact in the useof xo^k*^^ and x*^^^^*"^* whae woricing in iron is meant (Hon. Od, ix. 391 ; Aristot JPoct. 25.) For aU these pniposes the pure metal would be com- paratively useless, some alloy being necessary both to harden it and to make it more fusible. Ao- eonliiigiy, the origin of the art of mixing copper and tin is lost in the mythological period, bemg ascribed to the Idaean Dactyli The proportions ia which the component parts were mixed seemed to have been much studied, and it is remarkable haw neaxiy they agree in all the specimens that bave been analysed. Some bronze pails fiK>m the rams of the Treasury of Atreus at Mycenae ;
AES.
25
some ancient coins of Corinth ; a very ancient Greek helmet, on which is a boustrophedon in- scription, now in the British Museimi ; portions of the breastplates of a piece of annour called the Bronzes of Siris, also preserved in our national col- lection ; and an antique sword found in France, produced in 100 parts,
87*43 and 88 copper
12-53 and 12 tin
99-96 100 At a later period than that to which some of the above works may be referred, the addition of a variety of metab seems to have been made to the original combination of copper and tin. The writen on art make particular mention of certain of these bronzes which, notwithstanding the changes they underwent by the introduction of novel elements, were still described by the words xo^^f and aes. That which appears to have held the first place in the estimation of the ancients was the aa CbrusMt • (Mcum^ which some pretended was an alloy made ac- cidentally, in the nrst instance, by the melting and running together of various metals (especially ^/<i and bronze\ at the burning of Corinth by Lucius Mummius, in b. c. 146. (Plin. H.N. xxxiv. 2. s. 8 ; Floras, ii« 1 6.) This account is obviously incor- recty as some of the artists whose productions are mentioned as composed of this highly valued metal, lived long before the event alluded to. Pliny (L e.) particularises three classes of the Co- rinthian bronze. The first, he says, was white (ocmdidum), the greater proportion of mher that was employed in its composition giving it a light colour. In the second sort or quality, ^d was in- troduced, in sufficient quantity to impart to the mixture a strong yellow or gold tint The third was composed of equal portions of the difieient metals. Some, however, contend that the aes CoriniAiaatm was no composition of precious metals at all, but merely a very pure and highly refined bronze. (Fiorillo^ in the KututUatt, 1832, No. 97.) The next bronze of note among the ancient Greek sculptors is distinguished by the title of hepatizonj which it seems it acquired from its colour, which boro some resemblance to that of the liver (^ap). Pliny says that it was inferior to the Corinthian bronze, but was greatly preferred to the mixtures of Delos and Aegina, which, for a long period, had the highest reputation. The colour of the bronze called h^patizom must have been ver^* similar to that of the dngve eado bronzes — a dull reddish brown. Before the invention of these sorts of bronze, the first in order of celebri^ was the oef Deliacitm. Its reputation was so great that the island of Delos became the mart to which all who required works of art in metal crowded, and led, in time, to the establishment there of some of the greatest artists of antiquity. (Plin. /. o. 2. s« 4.) Next to the Delian, or rather in competition with it, the aet AegineHeiun was esteemed. No metal was produced naturally in Aegina ; but the founders and artists there were most skilful in their composition of bronze. The distinguished sculpton, Myron and Polycleitus, not only vied with one another in producing the finest works of art, but also in the choice of the bronze they used. Myron prefeired the Delian, while Polycleitus adopted the Aeginetan mixture. (Plin. H,N, xxxiv. 2. 8. 5.) From a passage in Plutarch it has been anppoeed that this fiir-fiimed Delian
26 AES EQUESTRE.
bronze was of a light and somewhat sickly tint (See Quatremere de Quincy, Jupiter Ofympim; Plut De Pytk, Orae. 2.) Plutarch says, that in his time its composition was unknown. For fur- ther information on the composition of bronze, see L. Savot (Nmn, Ant p. ii. c 17), Falbroni (in the Atti deli* Aoad. liaL vol. I pp. 203—245, and (fat- ting. GeL Anxeig, 1811, No. 87), and Winckel- nuuin (Werke^ vol ▼.).
No ancient works in brass, properly so called, have yet been discovered, though it has been af- firmed that zinc was found in an analysis made of an antique sword (see Mongez, Mim. de VInatitaL) ; but it appeared in so extremely small a quantity, that it nardly deserved notice ; if it was indeed present, it may rather be attributed to some acci- dent of nature than to design. On the subject of metals and metallurgy in general, see Mbtalluii, and for the use of bronze in works of art see Statuaria. [P. S.]
AES (money, fuunmi aenei or aerii). Since the most ancient coins in Rome and the old Italian states, were made of aes, this name was given to money in general, so that Ulpian (Dig. 50. tit 16. 8. 159) says, £^m aureos mtmmos <xe$ didmus, (Compare Hor. Are Poet. 345, Bp. i. 7. 23.) For the same reason we have ae» altenumy meaning debt, and aera in the plural, pay to the soldiera. (Liv. v. 4 ; Plin. H. N. xxadv. 1.) The Romans had no other coinage except bronze or copper (oes), till b. c. 269, five yean before the fint Punic war, when silver was first coined; gold was not coined till sixty-two years after silver. (Plin. H. N. xxxiil 13.) For this reason Argen- tinus, in the Italian mythology, was made the son of Aesculanus. {Quia print aerea peeunia in ueu ems coepit post argentea. August De Civ. Dei, iv. 21.) Respecting the Roman copper money, see As, and respecting the Greek copper money see Chaloous. [P. S.]
AES CIRCUMFORA'NEUM, money bor- rowed from the Roman bankers (argeniarii\ who had shops in porticoes round the forum. (Cic. Ad Attie. iL 1.)
AES EQUESTRE, AES HORDEA'RIUM, and AES MILITA'RE, were the ancient terms for the pay of the Roman soldiers, before the regu- lar tHpmditim was introduced. The aes equestre was the sum of money given for the purchase of the horse of an eques ; the aes hordearium, the sum of money paid yearly for the keep of the horse of an eques, in other words the pay of an eques ; and the aea nUlitare, the pay of a foot soldier. (Gains, iv. 27.) None of this money seems to have been taken from the public treasury, but to have been paid by certain private persons, to whom this duty was assigned by the state.
The aes hotxieariwnkf which amounted to 2000 asses, had to be paid by single women (viduae^ I e. both maidens and widows) and orphans (orU)^ pn>> vided they possessed a certain amount of property, on the principle, as Niebuhr remarks, that in a mUi- tary state, the women and children ought to con- tribute for those who fight in behalf of them and the commonwealth ; it being borne in mind, that they were not included in the census. (Liv. L 43 ; Cic de Rep. ii. 20.) The equites had a right to distrain (pignoris oapio) if the om hordearium was not paid. (Gains, L e.)
The aes equestre, which amounted to 10,000 asses, was to be given, according to the statement
AES UXORIUM.
of Livy {L c), out of the public treasury («r;Mf5/ib0) ; but as Gains says (l.c\ that the equites had a right to distrain for this money likewise, it seems impossible that this account can be oonect ; for wo can hardly conceive that a private person had a right of distress against a magistrate, that ia, against the state, or that he could distrain any of the public property of the state. It is more pro- bable that this money was also paid by the single women and orphans, and that it was against these that the equites had the same right to distrain, as they had in the case of the aes hordeairimm.
The aes nUJitare, the amount of which is not expressly mentioned, had to be paid by the irSnmi aerorii, and if not paid, the foot soldien had a right of distress against them. (Cato, (qt. GeXL vii. 10 ; Varr. L. L. v. 181, ed. MUller ; Festus,*. t>. aerarii tribum ; Gains, /. e.) It is generally as- sumed from a passage of the Pseudo-Asconius (in Verr. p. 167, ed. Orelli), that these tribum aerarii were magistrates connected with the treasury, and that they were the assistants of the qnaeston ; but Madvig (De IVibums AerarOs Disputatio, in Opuscuh, voL ii. f>p. 258 — ^261), has brought for- ward good reasons for believing that the iribuai aerarii were private persons, who were liable to the payment of the aes mUUare, and upon whose pn>> perty a distress might be levied, if the money were not paid. He supposes that they were persons whose property was rated at a certain sum in the census, and that they obtained the name of tribu$n aerarii^ either because they received money from the treasury for the purpose of paying the soldien, or because, which is the more probable, they levied the tributum, which was imposed for the purpose of paying the army, and then paid it to the soldiers. The state thus avoided the trouble of collecting the tributum and of keeping minute accounts, for whicli reason the vectigalia were afterwards fiirmed, and the foot-soldiers were thus paid in a way similar to the horse-soldiers. These trilmm aerarii were no longer needed when the state took into its own hands the payment of the troops [Exkrcitus], but they were revived in B.c.70, as a distinct class in the commonwealth by the Lex Aurelia, which gave the judida to the senators, equites and tribuni aerarii [Tribuni Axraril] The opinion of Niebuhr (Hist, of Rome, vol. I p. 474.^ that the aes miUtare was paid by the aerarians [Abrarii] is, it must be recollected, merely a conjecture, which, however ingenious, is supported by no an- cient authority.
It has been well remarked by Niebuhr (Hi9t. of Rome, vol. il p. 442), that the 2000 asses, which was the yearly pay of a horseman, give 200 asses a month, if divided by 10, and that the monthly pay of a foot soldier was 100 asses a month. It must be recollected that a year of ten, and not of twelve months, was used in all calculations of pay- ments at Rome in very remote times.
AES MANUA'RIUM was the money won in pkying with dice, fnambus eoOectum. Mamts was the throw in the game. All who threw certain numbers, were obliged to put down a piece of money ; and whoever threw the Venus (the highest throw) won the whole sum, which was called the aesnumuarium. (Gell. xvii 13 ; Suet.<4fl^. 71.)
AES UXO'RIUM, a tax paid by men who reached old age without having married. It was first imposed by the oenson, M. Furxot Camillus and M. Postnmius, in b. a 403, but we do not
AETOLICUM FOEDUS.
know whether it eontraned to be levied afterwardar (FeatM, & r. ; VaL Max. iL 9. § 1 s Plut OiMaZ^2.) (Lxx Jux,iA IT Papia Poppaxa.1 AESTIMATIO LITIS. [Judk.] AESY3CNBTES (ouruH^nis, from olb-a, «a jut ^QrtiiMi,'* kcnoe ** a penon who gitee ereiy flDe hit joflt portion *% originaU j signified meiel j a jodgein the hetoic gamea, hot aftenrards indicated aa indiWdnal who was occadooallj- invested Tolon- taiilj hj- his fidlow-citiaeiia with mdimited power in a Greek slate. His power, acooiding to Aristotle, partaok in aome degree of the nature both of kingly sad tynnnkal authority ; since he was appointed kgaOy and inled over willing mbjecta, but at the ■■e tiDW was not boand by any jaws in his pub- lic adnunistiaiion. (Aristot PoUt, iii. 9. §5, rr.8.|2;Hesych.s:«.) Hcnee Theophxastas calls the office Tvpovb o^er^, and Dionysins (t. 73) eoaipaxcs it with the dictatordiip at Rome. It was not hereditarf ; bat it was sometimes held far Ufis, and at other times only till some object aas aoeompiisbed, such as the reconciling of the nawas fiMtioiis in the state, and the lik& We lave only one express instance in which a person reeeiTed the title of Aesynmetes, namely, tiiat of Pittacoa, in Mytilene^ idio was appointed to this dignity, because the state had been long tom asonder by the Tsrioos fictions, and iHio succeeded ia restoring pence and order by his wise regulations and laws. (DionTs. ▼. 73 ; Strab. xiii p. 617 ; Pint Soiam^ 4 ; IMog. La&t i 75 ; Plehn, Leabiaea^ pp. 461,48b,) Then woe, howerer, no doubt many other peaoBs who ruled under this title for a while in the various slates of Greece, and those legislators bore a stnog resemblanee to the aesynmetes, whom their feOow-citizens appointed with supreme power to enact laws, as Bncon, Solon, Zaleucus and Channdaa. In some states, such as Cyme and ChaVfdon, it was the title borne by the regular nagistrates. OVachsmutfa, HeOen. AUertkwm. TeL L pp. 423, 441, 2d ed. ; THtmann, Orieek. ^aatm. p. 76; &c ; Schumann, Aniiq, Jvr, Publ, Grmc pi 88 ; Hermann, StaataaUerlk. § 63.) AETAS. [In FANS ; Impubjbs.] AETO'LICUM FOEDUS. {Koa^rwAh^ Xmr.) Theinhabitantsof the southern coast of the coontiT, afterwards called Aetolia, iqipear to have femcd a sort of confederacy as early as the time of Homer. (IL iL 638, Ac, xiii. 217 Sk.) In the time of Thucydides (iiL 111), the several Aetolian tribes between the rirers Achelous and Evenos, appear to have been quite independent of one another, although they were designated by the eoounoa name of Aetolians; but we nererthelese find that, on certain occasions, they acted in concert, as lor example, when they sent embassies to foreign powen, or when they hsid to ward off the attacks of a common enemy. (Thuc L &, iiL 95, &c.) It amy therefore be admitted that ihete did not cxirt any definite league among the tribes of Aeto- lia, and that it was only their common danger that Blade them act in concert; but such a state of thiags, at any rate, fittxlitated the formation of a league, when the time came at which it was needed. But the league appears as a Tery powerful one rery soon after Sie death of Alexander the Great, ris. diffing the I/unian war against Antipater. (Diod. xix. ^, zx. 99,) How fitf ito organisation was' tkn regulated is unknown, though a certain con- stitution must hare existed as early as that time, tines we find that Aristotle wrote a work on the
AETOLICUM FOEDUS.
27
Aetolian constitatioa. ( Strab. riu p. 821.) But it was certainly wanting in internal solidity, and not based upon any firm principles. In ■. c 204, two of the heads of the conlederBcy, Dorimachus and Scopasi were commissioned to regulate its constitu- tion, and it was perbaps in cunsequence of their legolation, that a genenl cancelling of debts was decreed two years bter. (Polyb. xiiL 1, ^Vi^si. ffitt. 68.) The chaiaeteristic difference between the Aetolian and Achaean leagues, was that the fimner originally consisted of a conlederBcy of nations or tribes, while the latter was a cottfederacy of towns. Hence the ancient and great towns of the Aetolisns, thnoghoot the period of the league, are of no importance and exercise no infiufiw whatever. Eyen Thermon, although it was the head of the league, and the place where the ordi- nary meetings <Jthe confederates were held (Polyb. T. 8, xriil 31, xxriii. 4 ; Strsb. x. p. 463), did not serve as a fmtriiss in times of war, and whenever the Aetolians were threatened by sny danger, they prefened withdrawing to their impregnabfe moun-
The sorereign power of the confederacy was Tested in the genenl assemblies of all the confede- ntes (mofhtf rmf AiriiX«r, eomeUhm Adolonm)^ and this assembly unquestionably had the right to discuss all questions respecting peace and war, and to elect the gnat dvil or nulitary officers of the leaflue. It is howeTcr dear, that those assemblies ooud not be attended by all the Aetolians, ibr many of them woe poor, and lived at a great dis- tance, in addition to which the roads were much more impassable than in other parts vi Oreeee. The censtitation of the league was thus in theory a democracy, but under the cover of that name it was in reality an aristocracy, and the name Pama^- toUatMf which Livy (xxxi. 29) applies to the Aeto- lian assembly, must be understood accordingly, as an assembly of the wealthiest and most influential persons, who occasionally passed the most arbitrary resolutions, and screened the maddest and most unlawful acts of the leading men under the fine name of a decree of all the Aetolians.
We have already mentioned that the ordinary place of meeting was Thermon, but on extnordinary occasions assemblies were also held in other towns bdongbg to the league, though they were not situated in the counti^ of Aetolia Proper, e. g. at Heracleia (Liv. xxxiii. 3), Naupactos (xxxv. 12), Hypata (xxxvL 2, 8), and Lamia (xxxr. 43, 44). The questions which were to be brought before the assembly were sometimes discussed previously by a committee, selected from the great mass, and called Apocleti (&ir^itXi|roi, Suid. «. e. ; Liv. xxxri. 28.) Some writers believe that the Apodeti formed a permanent council, and that the thirty men sent out to negotiate with Antiochns were only a com- mittee of the ApocletL (Polyb. iv. 9, xx. 10, xxi. 3 ; Tittmann, Cfriech. StaaUverf, pi 727.)
The general assembly usoally met in the autumn, when the officers of the league were elected. (Polyb. iv. 37.) The highest among them, as among those of the Achaean league, bore the titie of orpcmn^r, whose office kuted only for one year. The first whose name is known, was Eurydamus, who com- manded the Aetolians in the war agamst the Gala- tians. (Pans. x. 16. § 2.) The stzategos had the right to convoke the assembly ; he presided in it, introduced the subjects for deliberation, and levied the troops. (Lir. xxxviiL 4.) He had his share
20
AFFINES, AFFINITAS.
of the booty made in war, but wa« not allowed to vote in decisionB upon peace and war. (Liv. xxxy. 25.) This was a wise precaution, as a sanguine strategus might easily have inyolved the league in wars which would have been ruinous to the nation. His name was signed to all public documents, treaties, and decrees of the general assembly. An exception occurs in the peace with the Romans, because they themselves dictated it and abandoned the usual form. (Polyb. xxiL 15.) Respecting the mode of election, we are informed by Hesychius (s. V. Kvdfup TOTpIq*), that it was decided by white and black beans, and not by voting, but by draw- ing lots, so that we must suppose the assembly nominated a number of candidates, who then had to draw lots, and the one who drew a white bean was strategus.
The officers next in rank to the strategus were the hipparchus and the public scribe. (Polyb. xxiL 15 ; comp. Liv. xxxviii. 11.) We further hear of c^yf^pot^ who act as arbiters (BOckh, Corp, Inter. voL ii. p. 633), and yofuypd^t^ who however may have had no more to do with the writing down of laws, than the Athenian nomothetae. (Bockh, L e. pp. 857, 868.)
With the exception of the points above men- tioned, the constitution of the Aetolian league is involved in great obscurity. There are, however, two things which appear to have had an injurious effect upon the confederacy, first the circumstance that its members were scattered over a large tract of country, and that besides Aetolia Proper and some neighbouring countries, such as Locris and Thessaly, it embraced towns in the heart of Pelo- ponnesus, the island of Cephalenia in the west, and in the east the town of Cius on the Proponiu ; in the second place, many of the confederates had been forced to join the league, and were ready to abandon it again as soon as an opportunity offered. (Polyb. iv. 25 ; comp^ xxii. 13, 15 ; Liv. xxxviii. 9, 11.) The towns which belonged to the league of course enjoyed isopolity ; but as it endeavoured to increase its strength in all possible ways, the Aetolians also formed connections of friendsnip and alliance with other states, which did not join the league. (Polyb. ii. 46.) The political existence of the league was destroyed in b. c. 189 by the treaty with Rome, and the treachery of the Roman party among the Aetolians themselves caused in &C.167 five hundred and fifty of the leading patriots to be put to death, and those who survived the massacre, were carried to Rome as prisoners. (Liv. xlv. 31 ; Justin, xxxiii. 2 ; comp. Tittmann, DarsUUung der Orieeh. Staatsverf. p. 721, &c. ; Lucas, Ueber Polyb. Dantdbmg des AetoL Bttndea^ Kdnigsberg, 1827, 4to. ; K. F. Hermann, Grieck. StaatadUerth. § 183 ; Schom, Geschiohie GrieehenL p.25,&c. ; BTSLndBtJit6T,DisGesch.de8AetoL Landes, rolkes und Btmdes^ p. 298, &c.) [L. S.]
AETO'MA (&^»^). [Fastigium.]
AFFI'NES, AFFI'NITAS, or ADPFNES, ADFI'NITAS. Affinitas is that relation into which one family comes with respect to another by a marriage between the members of the respective femilies ; but it is used more particularly to express the relation of husband and wife to the cognati of wife and husband respectively. The husband and wife were also affines with respect to their being members of different families ; and the betrothed husband and wife (sponsus, sponsa) with reference to their intended marriage. Affinitas can only be
AGELA.
*the result of a lawful marriage. There are no degrees of affinitas corresponding to those of cog- natio, though there are terms to express the mrioiis kinds of affinitas. The father of a husband is the socer of the husband^s wife, and the fiither of a wife is the socer of the wife^s husband ; the term socms expresses the same affinity with respect to the hnsband^s and wife^s mothers. A son's wife is nurus or daughter-in-law to the son*s parents ; a wife's husband is gener or son-in-law to the wife*B parents.
Thus the avus, avia — pater, mater — of * the wife become by the marriage respectively the socer magnus, prosocrus, or socrus magna — socer, socrus — of the husband, who becomes with respect to then& severally progener and gener. In like manner the corresponding ancestors of the husband respectively assume the same names with respect to the son^s wife, who becomes with respect to them pronums and nurus. The son and daughter of a husband or wife bom of a prior mairiage, are called privignus and privigna, with respeet to their step-fiither or step-mother ; and, with respect to such children, the step-fiftther and step-mother are severaUy called vitricus and noverca. The husband's brother be- comes levir with respect to the wife, and his sister becomes Glos (the Greek y6XMs), Marriage was unlawful among persons who had become such affines as above-mentioned ; and the incapacity continued even after the dissolution of the mamage in which the affinitas originated. (Gaius, L 63.) A person who had sustained such a capitis diminutio as to lose both his freedom and the civitas, lost also all his affines. (Dig. 38. tit 10. s. 4 ; Bdcking, IfutUutU^nen^ vol L p. 267.) [G. L.]
AGALMA (&7aA/ta). [Statuaria.]
AGAMIOU GRAPHE {hrmUnt Tpa^). [Matrimonium.]
AGA'SO, a groom, a slave whose business it was to take care of the horses. The word is alK> used for a driver of beasts of burthen, and is some- times applied to a slave who had to porform the lowest menial duties. (Liv. xliii 5 ; Plin. H. N. XXXV. 11 ; Curt viii. 6 ; Hor. S«rm. ii. 8. 72 ; Pers. V. 76.)
AGATHOERGI {irfdiwpyot). In time of war the kings of Sparta had a body-guard of 300 knights (iwx6«j), of whom the five eldest retired every year, and weie employed ftur one year, und^ the name of agathoerffi in missions to foreign states. (Herod. I 67.) It has been maintained by some writers that the offothoerpi did not attain that rank merely by seniority, but were selected from the hnrtis by the ephors without reference to age. (Ruhnken, Ad Titnaei Lexic. Plat 8.v. ; Hesych. s. o. ; Bekker, AnMd. vol. i. p. 209.)
A'GELA (ay^Aii), an assembly of young men in Crete, who lived together from their eighteenth year till the time of their marriage Up to the end of their seventeenth year they remained in their fiither's house ; and from the circumstance of their belonging to no agda^ they were called kT^ky^Xoi. They were then enrolled in agetae, which were of an aristocratic nature, and gave great power to particular families. An agda always consisted of the sons of the most noble citizens, who were usually under the jurisdiction of the 'father of the youth who had been the mrans of col- lecting the offda. It was the duty of this person, called &yt\dTiis^ to superintend the military and gymnastic exercises of the youths (who were called
ACER iftA^rrw), to acconpuiy them to the cbaie, and to pmisli them when disobedient. He was ac- coontafale, however, to the state, wluch supported tite 0^ at the public expense. AU the memhen of an ojpB&i were obliged to many at the ame time. When they eeaeed to belong to an agda, tbej partook oi the pahlic mealB for men (^irSpcia) [SrssiTiA]. Tbeae inatitntiona were afterwards pRsened in onlj a few atatea of Cretc^ aoch for iaitaoceaa Lyctos. (Bpborua^ op. Shnab, x. p. 480, &C.; Herad. Foot. c. 3. ; Hibck, Oeto, iii. p. 100, a«. ; Mulkr, Dor. !▼. S. § 3 ; HermanB, Grieek Sfeatatertiwwr, § 22 ; ^Wacbsmuth, JJelien. i&ertfra>ufaauie,ToLLp.362, 2d ed. ; Kiaose^ />u Ggmmutik «. Agomutik d, HtUemen^ p. 690, &c) At Sfiaita the yontliA left their parents* houses at KTcn jcasB of age and entered the ^vai.
AGE'MA (^ttryiyia from &7«), the name of a
choaea body of troops in the Macedonian army,
ooaaating of horse-aoldiers and foot-soldiers, but
naBallj of the former. It aeems to have varied in
mskber ; sometiines it consisted of 150 men, at
dha times of 300, and in later times it contsined
aa many as 1000 w 2000 men. (Diod. xix. 27,
28: liT. xrxrii. 40 ; xliiL 51. 58 ; Curt iv. 13 ;
Po\jb.T.25, 65, zxri. 8 ; Hesych. and Suid. a. «.;
Eastath. od Od. L p. Id!i9, 62.)
AOEK is the general term for a district or tract of cosntty, which haa some definite limits, snd be- kaga to some political society. Ager Romanns is the old tcfritory of the Koroans. Agri, in the plonli often means landa in the country as opposed to town : ** eat in agris,^ means **he ia in the country : ^ ^ mitteie in agros,^ a phrase that occnn m apeak- i^ of the agrarian laws, means to aasign portions of the Ager Pnblicos to indiTiduals. (Liv. yL 17» 1.21.)
Terra is sn indefinite term : it is a whole coun- try without reference to political limits, as Tena Italk.
Ager PnbUcQs was the property of the Romsn state, part of the Publicum. Ager Privatus was the property of individnals. Some remaika on the gaoal dirision of land into Publicus and Privatus, and on the nature of land that was Sacer and Reli- , are contained in the article on the Agrarian Ager Occnpatorius is land occupied by a OS people when the conquered people had been driren oat {Rd Agrariae Avctoresy pu45, cd. Goes.) : the poaseasiones [Agbaaiab Lsgbs] were included in the Ager Occnpatorius. Such had as was restored to those who had loat it by oooqaest, was called Redditua The Ager Occu- patoDus was siso called Ager Arcifinius or Arcifinalia, ao denominated **ab aicendis hostibus ^ (p. 38. ed. Goes.). But the tenns Ager Arcifinius and Occu- patorios do not appear to be exactly equivalent, thoogh some of the writers on the Res Agniria nake them ao. Ager Arcifinius appeara to ezpresa the whole of a territory, which had only aome natural or arbitrary boundary, and was not defined by measurement {jpd uuiUa mensura amtineiur; Frantinusb) Such were the acattered portions of the Roman Ager Publicus. The Ager Occnpatorius night axgniiy so much of the public land included in theArcifinina as was held by poaseaaora (occn- patna), or, as Niebuhr explains it, the term Occu- patorius was confined to the public land, atrictly ao called, and designated the tenure under which it was held.
Frontinofl divides lands into three heads (quah-
AOER.
29
ET'
itUet) : Ager Diviaas et Aaaignatas ; Ager mensoia comprehensos ; Ager Arcifinius. He defines the Arcifinius, as above stated. The Ager mensura comprehensos appeara to signify a tract, of which the limits were defined by measurement, which was given in th^ maas to aome community (rajHs wtodus univenua emiati ed aat»giiatM$\ of which he mentions two examplea,
Ager Divisns et Assignatas was public land that was asaigned or granted to private pcraoos. The verb dieido^ or aome fwm of it, is used by Livy (iv. 51, V. 30) to expreas the distribution of the land. The word aM$igmo indicatea the fixing of the aigna or boondariea. Ager Quaestorius waa public land, which was aold by the qoaestora (pp^ 2, 14, ed. Ooea.), in aquare patches, each aide of which was the length of ten linear actus : the aquare conaequently contained 100 quadrati actus or fifty jugera.
Ager Limitatns was public land marked out by limites for the pnrpoae of assignment to coloni or othera. The lunites were drawn with reference to the heavens (pi 150, ed. Goes.) ; and this mode of dividing the land was founded on the old Etruscan doctrine, for the Etruscans divided the earth into parts, following the course of the sun by drawing a line firem east to west, and another firom aouth to north. This was the foundation of the limites of a templum, a term which means the celeatial vault, and also ao much of the earth^a aurfiu» ss the augur could comprehend in hia view. This was the foundation of the Roman Limitatio of land. A line (limes) was drawn through a given point irora east to west, which waa called the Decumanus, originally Duocimanus* (according to Hyginua), be- cauae it divides the earth into two parts : another line was drawn from aouth to north, which waa called (^ardo, *^ a mundi cardine.** The length of these two chief limites would be determined by the limits of the land which waa to be divided. The points from which the two chief limites were drawn varied according to circumstancea. Thoae which were pa- rallel to the Decumanus were Prorai, direct ; thoae which were parallel to the Cardo were Transversi, transverae. The limea was therefore a term applied to a boundary belonging to a tract of land, and the centuriae included in it, and ia different from finia, which ia the limit of any particular property. The Decimiani, Cardinea, and other limitea of a diatrict form an unchangeable kind of network in the midst of the changeable propertiea which have their aeveral fines (Rudorff ). The distance at which the limites were to be drawn, would depend on the magnitude of the squares or centuriae, as they were called, into which it was propoaed to divide the tract. The whole tract might not be aquare: aomedmcs the Decuman! Limites would be only half as long as the Cardines (pi 154. ed. Goes.). Every aixth lima, reckoning firom the Decumanus and mduding it, was wider than the intermediate limites, andtheae wider limites served as roads, but they were not included under the term of Viae Publicae, though a limes and a via publica might aomctimea coincide. (Hyginus, ed. Goea. p. 163.) The narrower limites were called Linearii in the provinces, but in Italy
* Duocimanus, according to Hyginus, was changed into Decimanus ; **' Decumanus,'^ says Niebuhr, ** probably from making the figure of a croas, which resembles the numeral X, like decus- sattu.*^ Neither explanation is aatififoctory.
so
AGER.
they were called SubruBcivL The limites parallel to the cardo were drawn in the same way.
The Roman measure of length used for land was the actus of 120 feet : the square actus was 14,400 square feet ; and a juger or jugeium was two actus quadrat!. The word centnria properly means a hundred of any thing. The reason of the term centuna being applied to these divi- sions may be, that the plebeian centuries contained 100 actus, which is 50 jugera, the amount con- tained in the portions put up to sale by the quaes* tors: but Siculus Flaccus (p. 15, ed.Goes.) gives a different account. The oentuiia sometimes con- tained 200 jugera, and in Uter periods 240 and 400. This division into centuriae only compre- hended the cultivable land. When a colony was founded or a tract of land was divided, that part which did not consist of arable land was the com- mon property of the colony or settlement ; and was used as pasture. Such tnctB appear to be the Compascuus Ager of the Lex Thoria (c. 4, &c.). The land that was thus limited, would often have an irregular boundary, and thus many centuries would be incomplete. Such pieces were called Subseciva, and were sometimes granted to the colony or community, and sometimes reserved to the state. That such portions existed in some quantity in Italy is shown by the ftct of Vespasian and Titus making sales of them, and Domitian is said to have restored them to the possessors.
A plan of each tract of limited land was engraved on metal (aes), and deposited in the tabularium. This plan (forma) showed all the limites or cen- turiae, and was a permanent record of the original limitation. Descriptions also accompanied the phm, which mentioned the portions that l)eIonged to dif- ferent individuals, and other particulars. (Siculus Flaccus, De DwU. et Anig. ed. Goes., p. 16 ; and the passages collected by Brissonius, Sded. e» Jur. CfivU, iiL c. 5.) Some of these records, which be- long to an early period of Roman history, are men- tioned by Siculus Flaccus, as existing when he wrote (p. 24. ed. Goes.). These registered plans were the best evidence of the original division of the lands, and if disputes could not be settled otherwise, it was necessary to refer to them.
As to the marks by which boundaries were dis- tinguished, they were different in the case of Ager Arcifinius and Ager Limitatus. In the case of Ager