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The First History of Greece ; With Questions), on the Plan of the First History of Rome. 16m® {In press.) 8 A MANUAL / GRECIAN AND ROMAN ANTIQUITIES, BY DR. E. F. BOJESEN, PROFESSOR OF THE GREEK LANGUAGE AND LITERATURE IN THE UNIVERSITY OF SORO. C TRANSLATED FROM THE GERMAN. StittcR (with occasional notes, and a complete series of questions) BY THE REV. THOMAS KERCHEVER ARNOLD, M.A., RECTOR OF LYNDON, AND LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE. REVISED, WITH ADDITIONS AND CORRECTIONS. FOURTH EDITION. NEW- YORK : D. APPLETON & CO., 346 & 348 BROADWAY. M.DCCO.IIV. J Entered, according to Act. of Congress, in the year 1848, By D. APPLETON & CO., In the Clerk’s Office of the District Court for the Southern District of New-York. U D a*. A MANUAL OF GRECIAN ANTIQUITIES, BY DR. E. F. BOJESEN, PROFESSOR OF THE GREEK LANGUAGE AND LITERATURE IN THE UNIVERSITY OF SORO. TRANSLATED FROM THE GERMAN. Suite* CL (with occasional notes, and a complete series of questions) BY THE REV. THOMAS KERCHEVER ARNOLD, M.A., RECTOR OF LYNDON, AND LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE. 1005 REVISED, WITH ADDITIONS AND CORRECTIONS. FOURTH EDITION. NEW-YORK: D. APPLETON & CO., 346 & 348 BROADWAY. M.DOOO.LIV. I Entered, according to Act of Congress, in the year 1848, By D. APPLETON & CO., I* the Clerk’s Office of the District Court for the Southern District of New- York. ?• 13c , , PREFACE TO THE AMERICAN EDITION. The present Manuals of Greek and Roman An tiquities are so far superior to any thing on the same topics as yet offered to the American public, that it is superfluous to add to the commendation bestowed on them in Mr. Arnold’s preface. All that has been attempted in the Edition now presented to the public has been, to revise carefully throughout the volumes of Dr. Bojesen ; to add explanatory notes, where they seemed to be needed ; to amplify occasionally some paragraphs and sentences which appeared obscure from the studied brevity which the author has every where observed ; to give references to standard English works in history and antiquities ; and to endeavour in every way to render the works perfect in their adapta- tion to the wants of American Schools and Colleges It is confidently hoped and expected that an impartial examination will establish their claim to favour and adoption. J. A. S. New-Yokk, May 1, 1848. 10 0 5 - PREFACE. When I first became acquainted with Dr. Bojesen’s Manuals of Grecian and Roman Antiquities, they appeared to me admirably suited for their purpose ; and my opinion was confirmed a few months ago by the terms of high praise which one of them has received in a principal Review of Germany. The reviewer, Dr. Osenbruggen, himself the author of a treatise de Jure Belli et Pads, says of the Roman Manual : “ Small as the compass of it is, we may confidently affirm that it is a great improvement (on all pre- ceding works of the kind). — We no longer meet with the wretched old method, in which subjects essentially distinct are heaped together, and connected subjects disconnected, but have a simple, systematic arrangement, by which the reader easily receives a clear representa- tion of Roman life. We no longer stumble against countless errors in detail, which, though long ago assailed and extirpated by Niebuhr and others, have found their last place of refuge in our Manuals. The recent investigation of philologists and jurists have been exten- sively, but carefully and circumspectly used. The conciseness and precision which the author has every where prescribed to himself, prevents the superficial observer from perceiving the essential supe- riority of the book to its predecessors, but whoever subjects it to a careful examination will discover this on every page. As an in- stance of the compiler’s careful study of particular points, we would mention the sections on haw and Judicial affairs, which are here more fully treated than in any other Manual, and have assumed an entirely new form. For the subject of Roman finances, he had nc new investigations to avail himself of, and this portion of the work is consequently less complete. In Creuzer's Sketch, the subject of Finances is entirely passed over, and that of the Judicial proceedings, if not quite omitted, yet receives but a few occasional notices.” 1 1 Zeitschrift fiir Alterthiimswissenschaft, vol. for 1842, p. 914. VI PREFACE. The mere fact that both works have been translated into German (by Dr. Hoff a of Marburg ), and ,are extensively used in that coun- try, is itself a proof that they are of no common value. In England we have, indeed, in Dr. Smith’s Abridgment of the excellent “ Dic- tionary of Antiquities,” a sound and good work ; but I object alto- gether to the form of a Dictionary for any subject of which the parts ought to be studied in succession. — I fully believe that the pupil will receive from these little works a correct and tolerably complete pic- ture of Grecian and Roman life ; what I may call the political por- tions — the account of the national constitutions and their effects — appear to me to be of great value ; and the very moderate extent of each volume admits of its being thoroughly mastered — of its being got up and retained. For the translation (which has been made from the German version of Dr. Hoffa), I have to thank the Rev. R. B. Paul, late Fellow of Exeter College, Oxford ; the author of a more extensive work upon “ Grecian Antiquities ,” and of a “ History of Germany, on the plan of Mrs. Markham’s Histories .” Lyndon, October 23, 1847. T. K. A. CONTENTS INTRODUCTION. PAGE Authorities 15 GEOGRAPHY. §1. Boundaries and divisions of the country . . . 16 2. Natural character of the country and its influence on the people 17 HISTORY. §1. The Grecian tribes ....... 17 2. Migration of the tribes 19 (3. Development of political institutions. Decline and fall of Monarchy ........ 20 4. The Aristocracy 21 5. Development of the Democracy. — Struggle of parties . 22 6. The same subject continued ..... ** 23 7. Decline and fall of the Grecian states .... 24 8. General form of the constitution in the free states of Greece .......... ib. 9. Ionic and Doric states, particularly Athens and Sparta . 25 10. Points of union for the whole of Greece. Festivals and Oracles 26 11. Points of union for particular portions of Greece. The Am- phictyons, local confederations, Symmachia, Hegemonia 27 12. Colonies 28 THE HEROIC AGE. § 1 . Meaning of the term ... . , . 28 2. Civilization . 29 Vlll CONTENTS. PAGE §3. The State, and its constitution in general ... 30 4. The King ..... . 31 5. The Aristocracy ........ 32 6. The People 33 7. Administration of Justice 34 8. Religion ......... ib. 9. Temples — Priests and Prophets — Oracles ... 35 10. War. Offensive and defensive arms .... 36 11. The battle ......... 37 12. Camps — Sieges ....... 38 13. Navigation — Ships ....... ib. 14. Domestic life of the Greeks. — Means of support. — Employ- ment ......... 39 15. Arts — Commerce ....... 40 16. Domestic affairs — Marriage — Education .... 41 17. Diet . 42 18. Dress .......... 43 19. Houses ......... 44 20. Furniture ......... ib. SPARTA. CHOROGRAPHY. §1. The Country ........ 45 2. The Capital ib. HISTORICAL OUTLINE. §1. Ancient history ........ 46 2. Administration of Lycurgus ..... 47 3. The rise of Lacedaemon — Hegemonia .... ib. 4. Decline of Lacedaemon ...... 48 5. Fall of the Spartan Commonwealth .... 49 INHABITANTS OF LACEDAEMON. §1. Spartans ......... 50 2. Free inhabitants, who were excluded by birth from the rights of citizenship . . . . . . 51 3. Helots ......... 52 4. Condition of the Helots ...... ib. 5. Partition of the land among the free inhabitants . 53 6. Consequences of the gradual decrease in the number of citizens, and the inequality of property ... 54 THE GOVERNMENT. §1. Partition of the Government ..... 55 2. The Senate (or Council) . ... 56 CONTENTS. IX PAGE §3. The Popular Assembly .... 56 4. Magistrates — The Kings 57 5. The Ephori ........ 58 6. Other public officers ...... 59 ADMINISTRATION OF THE GOVERNMENT. 1. Its object 60 A.. ADMINISTRATION OF JUSTICE. §2. Judicial Authority ....... 60 3. Punishments 61 B. RELIGION. §4. Gods of the Spartans . . .... 61 5. National Festivals ....... ib. C. MILITARY AFFAIRS. §6. The Army — Weapons of the Soldiers .... 62 7. Arrangement and divisions of the Army . . ib. 8. Officers ......... 63 9. War. Battles ....... 64 10. Naval affairs ib. D. POLITICAL ECONOMY. §11. Income and Expenditure — Money .... 65 E. OTHER PUBLIC INSTITUTIONS. § 12. General remarks 66 13. Marriage ...... . ib. 14. Public education of Boys 67 15. Education with reference to the Body ... ib. 16. Education with reference to the Mind ... 68 17. Education of Girls 69 18. Men — their mode of life ...... ib 19. Other modes of sustaining the ancient discipline . 70 20. Relaxation of discipline ib. APPENDIX. CRETE. §1. Historical sketch of the Country 71 2. The Constitution ....... 72 3. Discipline and mode of life ...... ib. X CONTENTS. ATHENS. CHOROGRAPHY. § 1. The Country 8. The Capital PAGE 73 74 HISTORICAL OUTLINE. §1. Ancient history of the country. The Monarchy tnd Aristocracy ..... . . 75 2. The subject continued ...... 76 3. Legislation of Draco ...... 77 4. Solon’s constitution ...... ib 5. Increase of popular influence ..... 76 6. Decline of the constitution ..... 73 7. The subject continued ...... ib. INHABITANTS OF THE STATE, AND THEIR CLASSIFICATION. § 1. Citizens by birth ....... 8C 2. Persons admitted into the rank of citizens . . 81 3. Metceci ......... 82 4. Slaves ......... 83 5. Phylae and Demi ....... 84 6. Administration of these communities ... 85 7. Phratriae and Gene ....... ib. 8. Trityes and Naucrariae 86 A. THE POPULAR ASSEMBLY. §1. Number, place, and mode of sommoning ... 86 2. Proceedings at these assemblies .... 87 3. The subject continued ...... 88 4. Subjects of deliberation ...... ib. 5. Legislative authority of the Assembly (Ecclesia) . 89 6. The subject continued ...... 90 7. Judicial authority of the Assembly .... ib. 8. Ostracism ........ 91 B. THE SENATE OR COUNCIL. § 9. Qualification of Members. Privileges ... 92 10. Duties of the Senate ...... 93 11. Manner of assembling ...... 94 C. THE MAGISTRATES. § 12. Different Classess of Public Functionaries ... 95 13. The Proof of Qualification ..... ib. 14. Responsibility of Magistrates ..... 96 CONTENTS. Xi § 15. Limits of their power 16. The Archons .... 17. Various Police Functionaries 18. Extraordinary Functionaries 19. Public Servants .... . PAGE 97 ib. 98 99 ib. ADMINISTRATION OF THE GOVERNMENT. A. ADMINISTRATION OF JUSTICE. §1. Sources of our information respecting the Attic Juris- prudence ........ 99 LAWS RELATING TO PRIVATE PERSONS. §2. Marriage ...... 3. Parental Authority. Adoption. Guardianship 4. Right of Inheritance, and of making a Will 5. Laws relating to Obligations and Securities 100 101 102 103 JUDGES AND COURTS OF JUSTICE. § 6. Historical account of the Courts of Justice 7. The Heliasts ...... 8. The Diaetetse. The Forty .... 9. The Court of the Areopagites 10. Court of the Ephetae ..... 11. Magistrates with Judicial Hegemonia 12. Accusations. — Qualifications of Plaintiffs . 13. Public and Private Actions .... 14. Various Forms of Public Process 15. Public Prosecutions considered with reference to subject of Complaint ..... 16. Private Actions . . . . . . . the 17. Private Actions considered with reference to the sub ject 104 ib. 105 106 107 ib. 108 ib. ib. 109 ib. ib. LEGAL PROCEEDINGS. §18. Legal Proceedings 110 19. The same subject continued. — Preparatory Pleadings before the Magistrates ...... ib. 20. Proceedings before the Court .... Ill 21. Form of Process in Trials for Murder . . . 112 22. The subject continued ...... 113 23. Judgment. — Means of enforcing penalties . . ib. 24. Appeals ........ 114 25. Punishments ib. 26. Atimia ........ ib. 27. Other kinds of Punishment 115 28. Falling off in the Administration of Justice . . 116 Xll CONTENTS- B. RELIGION. §29. The Gods. Temples ... 30. Festivals. The Panathensea and Dionysia 31. Thesmophoria, Eleusinia, and other inferior Festi- vals 32. Priests and Worship ...... 33. Decline of Religion C. MILITARY AFFAIRS. §34. Military service ....... 35. Infantry. Cavalry ...... 36. Officers. Generals ....... 37. Taxiarchs, Lochagi, Ilipparchs, Phylarchs, Peripol- archs ......... 38. Manner of making War 39. The fleet ........ 40. Naval Officers — Equipment — Engagements D. FINANCE. §41. Expenditure — Cost of Public Worship 42. War: the Standing Army — the Navy 43. Public Buildings — Police — Public Rewards 44. Payment for certain Public Duties 45. Various largesses ....... 46. Revenue ........ 47. Ordinary Revenue from the Landed Property of the State, the Alien-Tax, and Duties .... 48. Fines, Payments on Law-suits — Confiscations 49. Tribute-money of the Allies . 50. Ordinary Services (or Liturgies) of the Citizens 51. Extraordinary Sources of Revenue . . . . 52. Extraordinary Liturgies — The Trierarchy 53. General arrangements respecting ordinary and extraor- dinary Liturgies ....... 54. Management of the Finances. Different officers for the collection, custody, and disbursement of the public funds ......... 55. Money ........ PRIVATE LIFE. §1. General remarks 2. Trades 3. Same subject continued 4. Weights and Measures 5. Same subject continued 6. Division of Time 7. Same subject continued PASS 117 ib. 118 119 120 121 ib. 122 123 ib. 124 ib. 125 126 ib. 127 ib. 128 129 130 ib. 131 132 ib. 134 ib. 135 136 ib. 137 ib. 138 ib. 139 CONTENTS, Xlll PAGE § 8. Physical and moral Training of Boys . . . 140 9. Same subject continued ..... 141 10. Same subject continued ...... ib. 11. Female Education ...... 142 12. Meals ib. 13. Dress ......... 144 14. Houses ......... ib. 15. Funerals ........ 145 POINTS OF UNION FOR THE WHOLE OF GREECE. A. FESTIVALS AND GAMES. §1. Local Festivals. The great National Festivals . . 146 2. The Olympic Games ...... 147 3. The Pythian Games ....... 148 4. The Nemean Games ...... 149 5. The Isthmian Games ...... ib, 6. Character of the Contests ..... ib. 7. Rewards of the Victors . . . . . . 151 8. The Olympiads, and the Computation of Time founded on them . . . . . ... . 152 9. Mode of reducing the Olympic reckoning to that of the Christian era ....... ib. B. ORACLES, ESPECIALLY THE ORACLE OF DELPHI. §10. Oracles in general — the Oracle of Dodona . . . 154 11. The Oracle of Apollo at Delphi .... 155 12. Decline of the Delphi Oracle . . , . . 156 13. Its arrangements ....... ib. 14. Other Oracles 157 POINTS OF UNION FOR PARTICULAR PARTS OF GREECE. A. LEAGUE OF THE AMPHICTYONS. §1. Amphictyoniae in general 157 2. The Amphictyonite at Thermopylae and Delphi. Their extent, object, and history 158 3. Same subject continued ...... 159 4. Internal regulations of the Amphictyonic league . ib. B. LEAGUES BETWEEN TEE INHABITANTS OF THE SAME DISTRICT. §5. Of such Leagues in general ..... 160 6. Leagues of the Boeotians ..... 161 7. The Achaean League ...... 162 8. Constitution of the Achaean League ... ib. 9. The HStolian League ...... 163 10. Constitution of the iEtolian League ... ib XIV CONTENTS. C. SYMMACHI2E AND HEGEMONIES. PAOB §1. History of the Hegemonia. Sparta .... 164 2. Sparta and Athens ....... ib. 3. Sparta, Athens, Thebes, Macedonia .... 165 COLONIAL RELATIONS. § 1. History of Colonization ...... 166 2. Same subject continued ...... 167 3. Causes of Colonization ...... ib. 4. Mode of sending out Colonies — their relation to the mother country ....... ib, 5. Political Constitution of the Colonies . . . 168 6. Appendix concerning the Cleruchise .... 169 Questions 171 MANUAL OF GRECIAN ANTIQUITIES. INTRODUCTION. Authorities. 1. Our knowledge of Grecian Antiquities is derived principally from the writers of that nation. Homer for instance (who flourished, it is supposed, about b. c. 1000) furnishes us with most of the information which we possess concerning the heroic ages ; but after his days, and those of Hesiod, the absence of contemporary no- tices for many centuries renders us almost entirely dependent on later writers for an account of the times which preceded them, as well as of their own. Among these authorities we may place in the first rank the his- torians, such as Herodotus, Thucydides, Xenophon, Polybius, Diodorus, and Plutarch ; the geographers, Strabo and Pausanias ; and the orators, Antiphon, An- docides, Lysias, Isocrates, Iseeus, Lycurgus, Demos- thenes, iEschines, and Dinarchus. Important informa- tion respecting manners, constitutions, and political economy, is supplied by the philosophers, especially Plato and Aristotle, and by some of the poets, Aristo- phanes for instance ; whilst the writings of later gram- marians and compilers, such as Athenseus and flElian, of the scholiasts on Aristophanes and other authors, and of the lexicographers, as Pollux, Harpocration, Hesychius, Photius, Zonaras, and Suidas, the authors 16 MANUAL OF GRECIAN ANTIQUITIES. of the ’ Ervfioloyixbv fiiya and other dictionaries, furnish a considerable number of detached notices. To these sources of knowledge may be added the study of in- scriptions, coins, and other relics of antiquity. GEOGRAPHY. § 1 . Boundaries and divisions of the country. 2. By the name of Hellas ' (EXXag) the Greeks were accustomed to describe the land inhabited by the Hel- lenes (oi "Elly veff), rather than any territory distinctly defined by natural or political boundaries ; hence, con- siderable difference of opinion has existed respecting the extent of country to which this designation was applicable. The tract to which we shall confine the name, in the present manual, is divided by nature into three parts ; the Peloponnesus, the continent north of the Peloponnesus, and the islands. 3. The continent of Greece may further be subdivided into two portions : the northern, comprehending Epirus and Thessaly, with Magnesia, and stretching from the Ceraunian and Cambunian chains, and Mount Olympus (its boundaries on the side of Illyria and Macedonia) to the Ambra- cian and Malian gulfs ; and the southern, which con- tains the countries of vEtolia, Acarnania, Doris, the Locrian territory, Phocis, Boeotia, Attica, and Megaris ; and communicates with the Peloponnesus by the nar- row isthmus of Corinth. 4. The districts of the Pelo- ponnesus are Arcadia, Argolis, Laconia, Messenia, Elis, and Achaia. 5. We find also a considerable number of islands, by w T hich the continent is surrounded on every side. Among these, the most remarkable are, Euboea, Crete, Cyprus, and the clusters of islets called the Cy- clades and Sporades. The groups in the iEgean Sea seem originally to have belonged to the continent, from 1 Hellas, in its most ancient signification, was the name of a district ©f Thessaly, near Phthia. (Homer II. ii. 683.) HISTORY. 17 which they were probably separated and split mto islands by some convulsion of nature. § 2. Natural character of the country, and its influence on the people. 6. The character of every people is more or less closely connected with that of the land which they in- habit. This holds true with regard to Greece more perhaps than any other European country. Greece is divided by its mountain chains, and the gulfs which penetrate deep into the interior of the continent, into several regions, with a great variety of soil and climate. No country in Europe possesses such an extent of coast in proportion to its superficial area. Its natural capa- bilities, whilst they give promise of abundant success to agriculture, the rearing of cattle, and fisheries, de- mand at the same time constant diligence and industry. From the earliest times the attention of the people seems to have been directed to navigation and com- merce ; but the same peculiarities of situation which invited such undertakings, would render foreign con- quest, as well as a nomadic (= wandering or unsettled mode of) life within their own frontiers, exceedingly difficult, and promote the separation of the people into a number of small independent states, without however checking in any considerable degree their intercourse with one another. 2 HISTORY. § 1. The Grecian tribes. 7. A great part of Greece, as of the neighboring countries, is said to have been peopled, in days of yore, by the Pelasgians, a race connected with the Italians and Indians, who appear to have emigrated from Asia, and divided themselves into two branches, the Latin * Consult Thirlwall’s History of Greece, vol. i. pp. 33-42. 18 MANUAL OF GRECIAN ANTIQUITIES. and the Greek. We read also of other tribes, such as the Thracians, vestiges of whose influence may be dis- covered in the early Greek religion and poetry — the LSlSges, Dryopes, 3 &c. By degrees the Hellenes (o l " Elhjveg ), a tribe nearly allied to the Pelasgians, spread from the south of Thessaly (where they are mentioned by Homer, II. ii. 684, as dwelling together with the Myrmidons), and partly by expelling the original in- habitants, partly by incorporating them into their own nation, succeeded in giving their name to the whole of Greece. 8. Hence the tradition, which derives the four principal Grecian tribes, the iEolians, Dorians, Ionians, and Achaeans, from the sons or grandsons of a mythic patriarch named Hellen. Of these, the iEo- lians were spread over Greece from the remotest anti- quity ; the Achaeans 4 were a powerful nation in the heroic ages ; and the Ionians and Dorians became more important than either, though at a somewhat later period. 9. Other traditions, of a very mythical and unsatisfactory character, mention the immigration of foreigners, such as Danaus and Cecrops, who planted Egyptian colonies in Argos and Attica ; Cadmus, the leader of certain Phoenicians, who settled in Boeotia ; and Pelops, who came from Asia to the Peloponnesus. Thus much is certain, that the connexion of Greece with Asia is of very ancient date, and that the art of writing was learnt from the Phoenicians ; although the intercourse of the Greeks with foreigners was far from exercising so overwhelming an influence as to change the national character in any essential particular. 5 6 3 To the same class belong the Centaurs, Lapithae, Dolopians, and other Thessalian tribes; the Phlegyans and Minyans in Thessaly and Bceotia ; the Curetes in jEtolia, Acarnania, and Euboea; the Epeans and Caucones in Elis, with many others. We are ignorant of the precise re- lation which these tribes bore to the people mentioned in the text. 4 In Homer, the terms Achsei, Argeii, and Danai, are used as general names for the whole nation. EpatKoi seems to have been an ancient designation of the Hellenes, when they dwelt near Dodona in Epirus. Thence it was earned to the coast of Italy ; and subsequently disappeared from nistory, until it was revived by the Romans. 6 See Thirlwall’s Hist, of Greece, vol. i. pp. 42-57. HISTORY. 19 § 2. Migration of the tribes. 10. The notices of those remote times, if we ex- cept the light thrown on the events of the Trojan war (b. c. 1184 ) by the poems of Homer, are hopelessly obscure and confused. Some traditions, however, have reached us of revolutions and migrations among the tribes, which were occasioned by various political con- vulsions, not only before, but subsequently to, the siege of Troy. The last of these was the immigration of the Dorians and ./Etolians into the Peloponnesus (b. c. 1104 ) ; from which period we may date the supremacy of the Hellenic name. 11. In consequence of this movement, the Dorians became possessors of the greater part of the Peloponnesus, the ancient inhabit- ants of which were either enslaved or expelled, or were incorporated into the Dorian tribe. The Achae- ans, who had previously occupied a considerable por- tion of the peninsula, were now forced to take refuge in Aigialos 6 (Achaia 7 ) ; from which they expelled the Ionians, who migrated in the first instance to Attica, and thence at a later period to the western coast of Asia Minor, where colonies were also founded by other Grecian tribes. These migrations having grad- ually ceased, the different nations remained occupants each of its own distinct territory. 12. Of the princi- pal tribes the iEolians possessed Boeotia, a part of Euboea, some of the islands, as Lesbos and Tengdos, and the coast of Mysia. The Ionians colonized Attica, a part of Euboea, the Cyclades, and the coast of Lydia, with several of the islands. The Dorians had Doris, a great part of Peloponnesus, Megaris, Crete, and a number of the smaller islands. In some districts, especially in Northern Greece (Locris, Phocis, iEtolia, and Acarnania, for instance), we still find pre-Hellenic 6 See prefatory note on the orthography of Greek names of deities, places, &c. 7 Of the inhabitants of the Peloponnesus, the Arcadians and Cynuri- ans were the only people who retained their original settlements (Autoch- thones). 20 MANUAL OF GRECIAN ANTIQUITIE3. tribes. In Thessaly dwelt the Thessalians, who had migrated from Thesprotia in Elis, the Minyans and vEtolians ; and in the colonies, a mixture of all the dif- ferent races. Among the Ionians and Dorians, more than any other people, we find a distinctly marked family character, which manifests itself in their lan- guage, literature, cultivation of the arts, and political institutions. § 3 . Development of political institutions. Decline and fall of monarchy 13 . We learn from Homer that in the heroic age (b. c. 1384 - 1184 ) Greece was divided into a number of petty independent states, governed by kings, whose authority, though considered to be of divine origin, does not seem to have been very distinctly defined with reference either to the aristocracy or to the people. This separation into small states was of long continuance, nor do we, in fact, ever hear of any per- manently established confederacy among the Greeks. The states were formed by the voluntary annexation of a district or tract of country to some city which had risen into importance by its trade or commerce. Hence the similarity of the words used to express the notions of “ a city,” and “ a state ” (nohg, nohzua, no- UzEvfiu). 14 . In these states (with the exception of Epirus) the form of government was gradually changed, between the years 3. c. 1100 \and 900 , from the mo- narchical to the republican ; a revolution which was favored by the innate love of the Greeks for freedom and independence, the insignificant extent of the states themselves, and the tendency of men’s residence toge- ther in cities to develop a civic constitution ; especially when the low state of intellectual cultivation, their simpler political relations, and the general employment of slaves 8 (captives taken in war, or purchased from 8 The purchase and use of slaves are repeatedly mentioned by Homer: the household of Ulysses is served by slaves, over whom their master ex- ercises the power of life and death. But the use of such domestics was HISTORY. 21 the barbarians), placed all freemen on a comparatively equal footing. Not unfrequently the change of con- stitution was occasioned, or at least hastened, by the misconduct of the king himself. \ § 4. The Aristocracy . 15. The development, however, of the popular form of government was gradual. The first move- ment was made by the aristocracy, whose encroach- ments undermined the monarchy, and paved the way for more liberal institutions, without either violently overthrowing the kingly power, or assuming a hostile attitude against the as yet imperfectly developed de- mocracy. The foundation of such an aristocracy was gentle birth ( evnazQtSai , svysvsTg), with its accompany- ing personal qualifications, freehold property, knightly service (ysmyoQoi, innoftorcu, inneig), and at a later period, when commerce had increased, the possession of personal wealth (oi nlovatot, oi th yo^uara eyovreg). 16. This distinction between the aristocracy and the people is expressed by the terms oi y.alol xuya&ot, oi ia&lot, oi ctQidJOt; on the one side ; and oi novrjQoi, oi 8aloi, oi Hanoi, on the other. Sometimes it was founded on the distinction between city and country, especially where foreign conquerors had taken possession of a town, and circumscribed the civil privileges of the van- quished. In such cases the latter were either per- mitted to retain their personal liberty and property, subject, however, to the payment of tribute and the forfeiture of their civic rights, or were deprived of their freedom, and became the bondsmen of their con- querors, like the Helots (aila z eg) at Sparta, or the Tenestae (nzviazai) in Thessaly. perhaps nowhere very common, except in the houses of the great, and in several parts of Greece was not introduced till a later period. This is asserted by Herodotus (vi. 137) of the Greeks in general and of the Athenians in particular. — Thirlwall’s History of Greece, vol. i. p. 83. 22 MANUAL OF GRECIAN ANTIQUITIES. § 5. Development of the Democracy . — Struggle of parties. 17. The taste for importance and influence in the state, when once excited, continued to enlarge its circle, so that the aristocracy was by no means per- mitted to remain in the undisturbed enjoyment of the power it had acquired. Such an aristocracy often de- generated into an oppressive oligarchy, which, although supported at first by its hereditary reputation, the pre ponderance of property and intelligence, and the pos session of arms and fortified places, was not unfre quently involved in a fierce controversy with the newly aroused democratic spirit (dryiog, plebs ) ; which produced a general struggle between the aristocratic and democratic parties throughout the whole of Greece and her colonies. 18. The results of this struggle varied according to circumstances ; but, in many in- stances, the popular party was triumphant, and suc- ceeded in wresting from its rival the remission of debts due from the commons to the aristocracy, the privilege of intermarrying with the nobles, equality of civil rights, and a larger share in the administration. Sometimes these party contests led to the formation of a constitu- tion, either through the personal authority of some in- dividual ( uiav/jtfijTui ) like Pittacus of Mitylene (b. c. 590), or by means of an established code of laws like those of Lycurgus at Sparta (b. c. 884), Zaleucus among the Epizephyrian Locrians, Charondas in Ca- tana and several Chalcidic cities (both about the mid- dle of the seventh century before Christ), and Solon at Athens (b. c. 594). 19. More frequently, however, the efforts of the democracy ended in the establish- ment, for a time, of an absolute anti-aristocratic monarchy (rvQavvlg), in which the ruler’s will was the only law. Such, for example, was the tyranny of Cypselus at Corinth (b. c. 655), who, with the assist- ance of the people, overthrew the oligarchy of the Bacchiadae. This was especially the case in the seventh and sixth centuries before Christ ; yet it would HISTORY. 23 be a mistake to suppose that absolute monarchy in those days, provided always that it did not degenerate into caprice or ferocity, was hostile to the people, or unfavorable to the expression of public opinion. § 6. The same subject continued. 20. The increase of navigation and commerce, the extension of their cities, and the more general diffusion of knowledge, were all favorable to the development of the democratic principle, which was, moreover, fre- quently promoted by the corruption of morals peculiar to an oligarchy ; sometimes, too, it happened that some member of the oligarchical body became the leader of the popular party. .The Persian war, whilst it awa- kened the consciousness of Greek nationality, and brought the different states into closer political con- tact, at once both raised the courage of the people, and weakened the resources of the aristocracy. In the Peloponnesian war (b. c. 431 - 404 ) the aristocratic party generally sided with Sparta, and the democratic with Athens : whilst during the whole war the strug- gles of the two factions continued as fiercely as ever in the several states. 21. At the end of this contest the aristocracy was victorious ; but its abuse of the power thus acquired produced disturbances, banish- ments, and wars of extermination, in which we find foreign mercenaries serving in the place of native soldiers, who were themselves also frequently hired in the same manner by foreign powers. In many places there arose an unbridled and oppressive democracy, led by ambitious and selfish demagogues, which was resisted by oligarchic factions or associations ( ezaiQeicu , avvcoixnaiui). 22. The demoralization produced during these struggles, sapped the very foundations of Grecian liberty, paved the way for the attempts of Philip of Macedon to obtain the sovereignty of all Greece, and made their country the theatre of various wars in the days of his successors. Yet in these very wars we witness, from time to time, flashes of the old Grecian 24 MANUAL OF GRECIAN ANTIQUITIES. spiiit: such, for instance, were the attempts at Sparta to overthrow the oligarchy, and re-establish the con- stitution of Lycurgus, and the struggle of the demo- cratic Achaean league against the tyranny and power of the Macedonians. § 7. Decline and fall of the Grecian states. 23. In the midst of all this confusion, the arms of the Romans opened for themselves a way into Greece. The taking of Corinth (b. c. 146) gave the last blow to Grecian freedom. The political affairs of Greece were now managed by the Romans ; but the governor of Macedonia still continued to exercise great influ- ence, until the whole of Greece was at last incorpo- rated into one province, under the name of Achaia. At the same time some of the cities were treated more indulgently than the rest ; a few, such as Athens and Delphi, were even recognized as liberce civitates. Nero’s whim, at a later period, of proclaiming the in- dependence of Greece, produced no results. The echo of her former literary renown was indeed heard in Athens, but national feeling and intellectual life were extinct ; and the land, weakened already by Roman tyranny, and the struggles of the Greeks with one an- other, was utterly devastated in after times by the bar- barian invaders. §8. General form of the constitution in the free states of Greece. 24. As essential parts of every Hellenic constitu- tion, whether aristocratic or democratic, we may notice the Senate and the Popular Assembly, both of which were always recognized from the days of the monarchy. In democratic states the sovereign power resided in the General Assembly of the people ; in aristocratic, it was in the hands of the senate (yeQovota) or Assembly of the Notables. 25. The executive authority was vested in a host of commissioners, or of magistrates under vari- HISTORY. 25 ous names, who, according to the aristocratic or demo- cratic form which the ever changing constitutions of the states happened for the moment to assume, were elected by a constituency, and under qualifications more or less limited, and continued in office during a longer or shorter period. These functionaries were also subject to a doy.iyaala, or trial, previously to enter- ing on their office, and subsequently were required to give an account (svdvvrj), before the supreme govern- ment, of the manner in which they had discharged its duties. 26. The judicial power was shared in various ways by the people, the senate, and the magistrates. The more important criminal charges were generally disposed of by the people or the senate, whilst private disputes were settled by magistrates or colleges of judges. § 9. Ionic and Doric states, particularly Athens and Sparta. 27. In that Grecian race, which, on account of its superior intelligence, developed its powers most rapidly, and by means of its commerce and navigation attained the highest state of prosperity (I mean the Ionic), democracy made the most rapid advances. The most important among the Ionic states was Athens, where the healthy life of democracy, and a yearning after a free and universal development, displayed itself more vigorously than elsewhere, but soon degenerated, as far as the multitude were concerned, into a one-sided struggle for equality, capricious treatment of the pow- erful, an envious opposition to superior vigor and capacity, unbridled licence and disobedience, and at last into coarse selfishness and empty vanity, which was made the tool of every demagogue and sycophant who chose to flatter it. 28. Among the Doric states, Sparta was the. most considerable. Here the genuine Spartans, or inhabitants of the city, formed, in their relation to the Perioeci or inhabitants of the country, an aristocracy, which at a later period became an op- 2 26 MANUAL OF GRECIAN ANTIQUITIES. pressive oligarchy. Here, too, we find the notion, so universally prevalent among the ancients, of the state’s supremacy over individual citizens, carried out to its utmost extent of severity , for the state made, so to speak, the individual its bondsman, broke up domestic life almost entirely, and rendered free development im- possible. As long as an enthusiastic belief in the sanctity of the state, and a stern resolve to obey its laws and customs, reigned in the hearts of the people, Sparta flourished, and the unity and concentrated power of its constitution insured it victory over other nations ; but the unnatural fetters in which individual freedom was bound by the constitution, could not stand the test of time ; and an immoderate striving after power and riches ensued, which prepared the way for the ruin and dissolution of the Spartan com- monwealth. §10. Points of union for the whole of Greece. — Festi- vals and Oracles. 29. Greece possessed a system of commonwealths, each of which was recognized by the rest ; but for the continuance of this recognition there existed no guar- antee or written instrument, so that there was often nothing but an opposition of interests to restrain the violent encroachments of the more powerful. Still, though these little states were not only independent of each other, but often even on terms of hostility, 3 the different nations found a bond of union in their general name of "Elhjveg, the consciousness of their descent from the same ancestor, and a common language, reli- gion, and manners (to 'Elhjvixov ibv o/mtfiov te xai o/uo- ylcoaaov xcu xtsaiv idgy/xard is xoira xui -Ovauti fjOsa re b\ibxQona, Herod, vii. 144) ; at all events, this nation- 9 Yet, at different periods we find larger or smaller portions of Greece united for particular purposes. Such was the Argonautic expedition in ancient times, the campaign of the seven princes against Thebes, and above all, the Trojan war. At a later period, most of the Greek states formed an alliance against the Persians. HISTORY. 27 ality was distinctly understood when they were opposed to foreigners or barbarians. The offspring of this con- sciousness was a sort of Grecian international law, 9 founded, however, on no distinct enactment, and liable to be set aside at any time by the stronger party. 30. To the religious institutions, by which this feeling of national unity was sustained, belonged their great feasts, and the Olympic, Delphic, Nemean, and Isthmian games ; which, from mere local observances, attained by degrees the rank of national solemnities, and were attended by embassies from all the states, as well as by crowds of people from every part of Greece. Under this head we must also class the Oracles ; especially that of Delphi, which enjoyed great reputation and in- fluence in all the Grecian states. § 11 . Points of union for particular portions of Greece. — - The Amphictyons local confederations, Sym- machia, Hegemonia. 31. We find that smaller portions of Greece were also united by religion ; inasmuch as their feasts and common worship produced a closer relation (Amphic- tyonia) to one another, by means of which the obser- vance of certain principles of international law was inculcated. Between the inhabitants of the same dis- trict we often meet with a sort of confederation (as in Bosotia) ; but the struggles of some individual states for supremacy, and the resistance of others, often weakened, or even broke up these alliances. Two of these leagues, the Achsean and fEtolian, obtained a temporary im- 9 Examples of this may be found in the practice of sending ambassa- dors to each other before war was proclaimed, sometimes with authority to refer the dispute to arbitration ; in the proclamation of war by heralds, whose persons were held sacred and inviolable ; in the respect paid, dur- ing the continuance of hostilities, to temples, consecrated ground and priests, in the ransom of prisoners, and the infamy attached to those who refused to give up the dead, or misused their bodies ; in the necessity of obtaining a special permission to pass with an armed force through the territories of another power ; and the strictness with which the duties of private as well as public hospitality were observed. 28 MANUAL OF GRECIAN ANTIQUITIES. portance towards the end of Grecian independence. 82. We read also of alliances called Symmachiae, generally between nations of the same race, which were headed by the most powerful members of the confederacy ; thus, for example, Sparta took the com- mand of the other nations in the Persian war, and Athens at a later period was at the head of most of the Ionic states ; but even these alliances were generally disturbed by the haughtiness and selfishness, with which the weaker party were treated by the more powerful. § 12. Colonies. 83. The Greek passion for separation and indepen- dence displayed itself in the peculiar relations which subsisted between their colonies and the mother coun- try. Instead of clinging, as the Roman colonists did, to the state which sent them out, the Greek settlers always took the earliest opportunity of asserting their independence, and breaking off all connexion, except in matters of religion, with the parent commonwealth. In another point of view also these colonies gave proof of the vigour and intellectual superiority of the Hellenic race ; for in the midst of barbarians, by whom they were surrounded on every side, they still preserved, and even spread their native language and national peculiarities. THE HEROIC AGE. § 1 . Meaning of the term. 34. By the heroic age we generally understand the period which elapsed between the first immigration of the Hellenes into Thessaly, and the expedition of the Dorians and Heraclidse into Peloponnesus in the year b. c. 1104. The most distinguished representatives of THE HEROIC AGE. 29 this period are Bellerophon, Perseus, Hercules, Theseus, Jason, &nd the other heroes of the Argonautic expedi- tion, with the warriors who fought under the walls of Troy and Thebes. The accounts of this period are a medley of historical notices and mythical legends, which it is often impossible to separate from one another. 35. The epoch most familiar to us, as re- gards both the public and private life of the Greeks, is that of the Trojan war (b. c. 1184)J The poems from which we derive this knowledge, were, it is true, com- posed somewhat later than the events recorded by them, and have not, as is generally agreed, come down to us in their original form; still they bear the stamp of truth and harmony so deeply impressed, that we may safely admit them as real representations of the times which they describe. 1 2 § 2 . Civilization. 36. In those early times fierceness and brutality, war and robbery, reigned almost without control. These evils were combated indeed by such heroes as Minos (the putter down of piracy), Theseus, and Her- cules ; but even at the period of the Trojan war, civil- ization was still in its infancy. Violence in action and coarseness of speech had by no means disappeared ; piratical expeditions and forages into neighbouring states (for the purpose generally of driving off their cattle), with the usual reprisals on the part of the plun- dered, were of perpetual occurrence ; nor were murder and sanguinary revenge by any means uncommon. On the other hand traces of a milder and more hu- 1 The Iliad and Odyssey are poems of which we cannot determine the exact date, but which seem both to have existed prior to the first Olympiad, b. c. 776, our earliest trustworthy mark of Grecian time. — Grote’s Hist, of Greece, vol. i. p. 485. 2 Homer is supposed to have flourished about b. c. 1000. Respecting the poems of Homer, the authorship, authenticity, design, &c., consult Grote’s Hist, of Greece, vol. i. pp. 434-459 ; vol. ii pp. 159-277 ; Thirl- wall’s Hist, of Greece, vol. i. pp. 108-110 ; Anthon’s Classical Dict’y, articles Homerus, llias and Cdyssea ; &c. &c. 30 MANUAL OF GRECIAN ANTIQUITIES. mane spirit are not wanting. 37. The influence of religion was felt in various shapes ; men looked upon the persons of heralds as sacred, and respected leagues and armistices. To set against the fierce outbreaks of passion, many instances may be produced of self-con- trol, moderation, and respect to the aged and experi- enced. Public opinion began to make itself respected, and the fear of public censure to have its effect on the powerful. 38. We meet with numerous examples of friendship (Theseus and Pirithous, Achilles and Patro- clus, Orestes and Pylades) ; of kindly intercourse with old and faithful servants (Eumaeus and Eryclea) and of connubial and parental affection. The stranger, 3 the necessitous, or the exile, might depend on being hospitably received for the sake of Zeus (Jupiter), their protector (Zevg Igenog, ixeryntog, imztfi^raQ i/.erdcov re \eivmv re). Connexions of hospitality between ances- tors were remembered and respected by their descend- ants. 39. We read of nrm^mv &eoi xul ’ EQtvvveg . Stran- gers received a friendly welcome, and were asked no question until they had partaken of the family meal. Presents were also given to them (keivfiov, II. ix. 197. xviii. 369. Od. iii. 29. 69. iv. 20). 40. Minstrels (i^ir/Qeg koiSol), as Phemius at Ithaca and Demodocus among the Pheeacians, enjoyed distinguished favour and respect (Od. viii. 472 — 481), for at a very early period the Greeks had learnt to ascribe the outpourings of genius to divine inspiration (&tlog, Oiamg doidog, fteog amuae tieontv doidqv, Od. viii. 498. -Oeog 8s (vot iv epQeaiv o’iuag rtavioiag ivtrpvoev, Plesiod. Theog. v. 94). Some- times, but more rarely, we read of heroes (as Achilles) or the people, raising a song. (II. i. 472. ix. 186.) § 3. The State, and its constitution in general. 41. Politics were yet in their infancy. The idea of one all-pervading political life not being yet devel- 3 That the immigrant was merely tolerated and protected, but enjoy- ed no rights or distinctions, may be inferred from such expressions as uri/xriTOS ficravdiTTris. THE HEROIC AGE. 31 oped, men’s notions of a commonwealth, whether in its external relations to other states, or its internal arrangements, were wavering and undefined. Of any recognized rights of nations we find only a few feeble traces ; for instance, in the inviolability of heralds. The internal economy of the commonwealth was gra- dually developed after a model taken from private life. 42. Thus the most ancient form of government, exist- ing even in the heroic ages, was the patriarchal monar- chy, which does not seem to have possessed any very distinct character, or to have defined very accurately the rights and duties either of prince or people. We find, with the King, an aristocracy distinguished by their ability, or skill in the use of weapons, or property, with a pedigree derived by tradition from the gods ; and, finally, a large body of free citizens. But the privileges of these three powers in the state were de- fined by no laws, and in many instances ran impercep- tibly into one another/ § 4. The King. 43. The kingly office was esteemed sacred ; for men looked upon the power of Kings (II. ix. 98), as well as their pedigree, as derived from the gods, and respected their persons as being under the immediate protection of Zeus (Jupiter) himself (II. ii. 197. Siotqe- qssg paoihijeg, 8 toys vug, Horn. iy. 8s /hog ^aai)J]sg, Hesiod) ; but the estimation in which the sovereign power was held depended also on personal qualifications, and was by no means secure against usurpation ; as we find in the instances of Penelope’s suitors, and iEgisthus. 44. The form of government, however, was not al- 4 On the whole, the society depicted in the old Greek poems is loose and unsettled, presenting very little oflegal restraint, and still less of legal protection, but concentrating such political power as does exist in the hands of a legitimate hereditary king, whose ascendency over the other chiefs is more or less complete, according to his personal force and char- acter ; whether that ascendency be greater or less, however, the mass of the people is in either case politically passive and of little account. — . Grcie’s Hist, of Greece, v ol. ii. p. 106. 32 MANUAL OF GRECIAN ANTIQUITIES. ways monarchical ; at least we read in Homer’s cata- logue of the ships, that of the nations there enumerated some had two leaders (as the Basotians, Phocians, and Cretans), some three with a commander-in-chief (as Argos and several cities in Argolis), and others four (as the Eleans). Generally speaking, the throne was hereditary, but without any very definite settlement of the order of succession ; in default of male heirs it might descend to a female, as in the instance of Hele- na. The King (6 fiaoilevg) commanded the army in time of war, administered justice in conjunction with the Senate (dtxccoaokoi, -Oeyiazonoloi fiaaiUjeg), and offered the public sacrifices, although, in other respects, his office was distinct from the priesthood. 45. Ill-defined as the boundaries between right and wrong were in individual cases, there was not wanting a general idea of the duties of Kings, which displayed itself in com- plaints when their power was capriciously abused, and in praises of a paternal government. (II. ii. 24. i. 231. xii. 310. Od. iv. 030. ii. 234.) Their ensign of dignity was the sceptre (axrjnr()or 5 ), a staff, which they always bore on public occasions. They were attended by XTjQvxsg heralds, and official servants. Among their prerogatives (zifiij, ysgug) were precedence at public assemblies and conferences, a separate portion of land (zefievog), presents and tributes (dmou. Smzirou, {h'utuztg), and the first choice of the booty taken in war, of which they received also a larger share than others. § 5. The Aristocracy . 46. The aristocracy were distinguished by the names of rjQcoeg, uqigzoi, KQtifioyzqovzes, and Alci- nous the Pheeacian ficcoilijeg. § G. The People. 47. The mass of free burghers (SJ/fiog, lews or Xuol ) composed the general Assembly of the people (uyool/). Their, power, although unconfirmed by any distinct re- cognition of their privileges, was by no means without influence, nor was it ever safe to resist the open ex- pression of public opinion (Od. xiv. 239. xvi. 425.) It does not seem, however, that the Assemblies were ever convened for the express purpose of deciding questions, or at certain definite periods, but rather came together, as occasion required, to receive communications, or convey their wishes to the king, as a guide for his conduct. No expression of dissent is mentioned, but simply of approbation (II. ii. 335) ; still less does any individual ever seem to have possessed the power of coming forward on his own authority. 48. Chryses (II. i. 15) addresses himself, it is true, to all the Achse- ans, who express their approbation of his arguments. Agamemnon, nevertheless, in spite of this demonstra- tion decides the question himself, and that without any remonstrance from the Assembly. In the second book of the Iliad, Agamemnon pretends to consult the people on the subject of their return to Greece ; but although they eagerly embrace the proposal, we find the will of their princes carried into effect by means of persua- sion, threats, and blows. Thersites, ugly and deformed, but fluent in speech, and the only man who dared to express his opinion unreservedly, is roughly handled by Odysseus (Ulysses), to the great delight and satis- faction of the people. We read of classifications or sections of the people under the names of cpvXa and < fQljZQUl . 2 * 34 MANUAL OF GRECIAN ANTIQUITIES. § 7. Administration of Justice. 49. The administration of justice was not directed by any fixed written laws (the expression vopog, Law, never occurs in Homer), 6 but depended on certain maxims founded on experience and ancient custom ( 8[y.t] and -Ot'/iig), and was supposed to be under the especial protection of the gods, particularly of Zeus and Themis (II. i. 239. Od. ii. 69). The government seems to have concerned itself very very little about private disputes, unless the parties themselves wished the matter to be decided publicly or by arbitration. In such cases, the more important questions were settled by the king, generally with the assistance of his Coun- cil of Elders ysqovtav), according to the rules of equity, or of some custom sanctioned by divine autho- rity ( &t'[uazeg ). Most of these cases seem to have been claims of compensation for murders or injury to pro- perty. The murderer endeavoured to propitiate the family of the murdered man by submitting to a fine ( noivij ), II. ix. 633 — 636 ; but if he failed in arranging this, he escaped their vengeance by voluntary exile. The form of such a process is seen in II. xviii. 407 — - 508. § 8. Religion . 50. The supernatural world of the Greeks, as its image was impressed on the minds of the people by the lively representations of Homer’s poetry, was peopled with beings who exercised a control over na- ture, but were subject to human passions and lusts, and maintained a constant intercourse with mankind. 51. The means by which man approached the gods were prayers and vows (tvyal, svycoh'j, Inal : uqugOcu, evysa Dai, yuqag drr/uv, ogtystv, yomdteodui), libations ( onivSziv , Xtlfieiv : yof onovdal axgyrot), sacrifices 7 ( Dvalai , s It occurs only twice in Hesiod’s “ Works and Days ” (276,338). 7 The mythic legends often mention human sacrifices. In Homer we The heroic age. 35 IsQCi Qf £m) of oxen, sheep, and goats, sometimes in great numbers (i'xaro'/W/). of beasts without blemish (ziletog) which had never laboured for man. Sometimes the horns of the victims were gilded. For the sacrificial usages compare Homer, II. i. 448, ii. 420. Od. iii. 436. Oaths were confirmed by a sacrifice (bgxiu zunvsiv, II. iii. 105), and libations. Other gifts (8qu, dydlfiaza, Ovsa) were presented to the gods as expiatory or thank- offerings ; Hecuba, for instance, (II. vi. 293) offered a nin log to Athene (Minerva). 52. Prayers, libations, and sacrifices were also accompanied by purification or washing of hands {dnolvualvsad ut, XMQceg vlnzto&ut). § 9. Temples — Priests and Prophets — Oracles. 53. The objects employed in the worship of tne gods were Temples (vtjog, do^og), consecrated Groves or enclosures («' fzsvog), and Altars (pa^og). In the temple of Apollo, or the Acropolis of Troy we hear of an ddvrov , and in the temple of Athene (Minerva) on the same hill there was a statue of the goddess. Wor- ship was performed by the master of the family, and in the case of public sacrifices by leaders or kings. There were, however, priests especially set apart for the service of certain gods or temples (izQlieg, aQijzijQEg, xhoasooi), as Chryses, the priest of Apollo. 54. Men- tion is also made of diviners and wizards (fiarnsg, {teonQonoi), who foretold events from signs (zequzu, GrjfictTci), such as thunder and lightning; or from the song and flight of birds, especially birds of prey (oiaronoloi, olconazal, dt'gthg oqvig ) ; or from dreams (6v£ioo7z6).oi). At a very early period we find traces of certain sacerdotal families, in which the priestly office was hereditary; and of oracles — as for example, the oracle of Zeus (Jupiter) at Doddna, in Epirus, where the god made his revelations from a sacred oak («? dQvog vipf/.o/xoio), and the Pythian oracle of Apollo (jqeicov (iJotfiog ' Ano/./.m). find Achilles offering twelve Trojans to the ghost of Patroclus. — See Thirlwall’s Hist, of Greece, vol. i. pp. 93, 94. 36 MANUAL OP GRECIAN ANTIQUITIES. § 10 . War. Offensive and defensive arms. 55. The weapons of the old rough times were stones and clubs, the latter of which were wielded by Her- cules and Orion. The club (xoQvvtf) was never em- ployed by Homer’s heroes, but it is mentioned in II. vii. 138 (fslQrfdoog xoyvvijztjg). Stones ( %eqhu8iov ) were used occasionally. 56. Their offensive weapons were bows and arrows (to 5 or, vtvou foeict, log, oiyzog, fflog 8 9 ), quivers (cpaQETQrf), the spear (8oqv, tyyog, fyx Elt l> ^eazor, (islia.'), with its head of bronze {aiyfftj yaXykuf), and the oavQornjt) or ovQiuyogf the spiked end of the lower ex- tremity of the shaft : the sword {qdayavov, udq, £ icpog ), with its scabbard f/.oXeov) and strap (zsXafimv or doQzrjt)). Slings (crqp Evdovrj) and battle-axes (ugj'rq, nitsxvg) were sometimes, but rarely, used. 57. The defensive arms were the helmet (xopvg, xvvtij, nffff, zfjvqdXeta, azecfidvij evyaXxog) with a crest of horsehair (Xocpog Innnog or iTtmoyairrjg, xoQvg innovQtg, Innoddoeia, irznoxopiog) and one or more ydXoi or bosses ; mention is also made of a low morion without a crest (x«r«m>£), and the cuirass (tlco^l, consisting of two pieces, yictXa, ytzmv gzqstztos). Hence : 'Aycuo'i yaXxoyizavsg : but Ajax, tbe son of Oile- us, was hvodcoQtji, i. e. wore a breastplate of linen. 58. They had also belts, and waistbands (fcoazr/p, ffzQu 3 ), greaves (xvzipilSeg) , a shield (ody.og, danig) of skins and plates of brass, with a knob or boss (opapaXog) in the middle, and a leathern rim (art t’£) : it was furnished on the inside with cross-bars ( xdvoveg ) and a thong (zsXaptcov). There were also lighter shields (laiafia). The metal usually employed was bronze or copper. Iron w r as used for axes : silver, polished steel ( xvuvog ), 8 Kopvvri in Homer, and in the Attic poets; except Eur. Suppl. 715. 9 A general name for all missile weapons. 1 MsAi'a properly ash^tree : the shaft being frequently the barked and polished stem of a young ash. 2 In Attic or common Greek orvpaf. 3 The qoorijf) was worn above the foo/la and pirpa, Ion. -o (i. e. woollen and sometimes plated belt worn about the abdomen). It seems to have been a constituent part of the cuirass, serving to fasten it by means of a buckle, and also affording an additional protection to tha body, and having a short petticoat attached to it. fHE HEROIC AGE. 3? and tin (xaaalreQog) to ornament their armour. The complete equipment of a warrior was termed zevyeu, also onlu. (in the Iliad), and evzea. §11. The Battle. 59. The art of war was in its infancy in the heroic age ; the fate of a battle being mostly decided rather by the bravery of individual warriors than by any well-considered arrangements or the application of military tactics. We do, it is true, find some traces of discipline in II. ii. 362. iv. 297. Nestor and Mnes- theus are celebrated for their acquaintance with it : and the quiet and steady march of the Achagans is con- trasted with the noisy advance of the Trojans : but all this seems to have been of little consequence in the actual battle. 60. In Homer’s descriptions scarcely any thing is mentioned except the exploits of leaders and heroes. These generally fought in two-wheeled, chariots (uQ t ua, uyea : also dupQog — signifying literally a seat for two persons), with two horses (di^vysg Innot) and sometimes a third (nuQijOQog ; an outrigger). In the chariot were two men (inning), a charioteer and a warrior (rjrt'o/og or rjnoyevg and TtuQa^dzrjg). These ad- vanced as champions (nQopiayot) into the space be- tween the two armies ( nollfioio ylcpvQat), and either charged the enemy in their chariot, or began a single combat on foot, first with the spear and afterwards with the sword. Thus the battle was decided in a great measure by the personal bravery of the leaders, whilst the courage of their followers was at the same time excited by their cheering shouts (hence the epithet (S ofjv aya&og). The infantry (nQvhleg, ne^ol) followed in compact masses (nvxival cpdlayyeg, orryug, nvnyog). 61. The spoils (z a ’ivaQot) and the prisoners were de- livered up to the leader, to be divided, after he had chosen a portion for himself, and sometimes extraordi- nary presents for the bravest of his followers. Those who had fallen were stript of their armour (ban a @qo- zoerza). A fierce struggle often took place for the pos- 88 MANUAL OP GRECIAN ANTIQUITIES. session of the dead bodies. If they remained in the power of the enemy, permission was sometimes ob- tained to bury them, or they were ransomed by their relations. Prisoners also were sometimes ransomed in the same manner. § 12. Camps — Sieges. 62. We do not find in the Trojan war a siege con- ducted on scientific principles. 4 Troy was fortified, and had a wall provided with towers (ay.nonohg, nohg svnvqyog). The Greeks protected their camp with a rampart, or a wall (reiyog, nvQyot) with battlements (xqogocu, enal&tg), a ditch in front ( zctcpQog ), and pali- sades (< TAoloneg ). II. vii. 327. 434. In the wall was a gate (nvlai) for the egress of their chariots. The camp was in the neighbourhood of the ships (which were hauled up on land) and consisted of huts com- posed of earth or wood (xholca). 63. There seem to have been no regular sentinels or outposts (II. ix. 66. vii. 371) ; only the disabled and unserviceable were stationed on the walls (11. xviii. 514. viii. 517) : nor had they any settled plan for sending out scouts. In the 10th book of the Iliad we read of them as em- ployed by both sides. The fate of a city taken by storm may be learnt from II. ix. 591. Od. viii. 528. \ §13. Navigation — Ships. 64. It would appear that the Greeks were induced by the natural advantages of their country, to practise navigation at a very early period ; for before the T ro- jan war, we read of their undertaking the Argonautic expedition. 5 The vessels, which conveyed the Greeks 4 In connection with this point the student will be interested in an ar- ticle entitled “ Napoleon on the Capture of Troy,” in the Classical Mu- seum, vol. i. p. 205. 5 Respecting the Expedition of the Argonauts, consult Grote’s Hist, of Greece, vol. i. pp. 316-348; Thirlwall's Hist, of Greece, vol. i. pp 77-79. ME HEROIC AGE. 39 to Troy (vijsg siacu, svaoeXfioi, ducpisXiaaal, y/.acpvQcu, y.ogm- ride g, novzonoooi, yvavongcogoi, yilzo7zdQi]oi), are enumer- ated in the second book of the Iliad ; but the Catalogue is not to be relied on. During the siege they were hauled up on land, and rested on shores or wooden props (ignaza). According to the number given in Homer’s Catalogue, each ship contained from fifty to a hundred and twenty men.® 65. The most important parts of the vessel were azsigt], the keel ; nrfiaXiov, the rudder ; "xgia, the deck^ (also the upright side timbers on which the deck rests) ; £i >ya or xXfideg, the thwarts, or rowers’ benches ; igsr/zog, the oar (in the Odyssey also called xo mrj, strictly speaking the handle of the oar) ; vryvg ngcoQt], the forecastle or prow ; vijvg tzqv/xvi], the after- part or stern lazog, the mast, which was made fast to the fore and after parts of the ship by the stays (ngo- tovoi) ; iaziov, the sail ; only, the ropes, such as the TznvizrijGUi and nslaixaza, the vzzsgai, y.uXoi, and rzoSsg. Ulysses builds a ship, (Odyssey, v. 243.) Homer does not describe any sea-fight, but he mentions a sort of poles employed on such occasions (Evazd vavfiayu). We read also of broad vessels of burden ( cpogzldeg evgeiai). § 14 . Domestic life of the Greeks. — -Means of support. — Employments. 66. The most universal source of wealth in the heroic age was the rearing of cattle. Rich men are called dvSgsg noXvftovzai, noXvgQtjvig, noXvagvsg, noXvarfoi. But that agriculture was also at a very early period an important pursuit may be gathered from the writings of Hesiod, as well as from various passages in Homer, particularly those in which he uses similes derived from husbandry (II. xi. 67. xviii. 540. 560). For their ploughs they employed oxen and mules. We read also of the cultivation of fruit (especially the vine), and of 6 In ancient Greece the Penteconter seems to have been for a long pe- riod the usual vessel of war. Triremes were first built about the year b c. 700, but it was some time before they were in common use. 40 MANUAL OF GRECIAN ANTIdUIUES. hunting and fishing. 67. Theii chief men, it would appear, were accustomed to employ themselves in agri- culture, the breeding of cattle, and all sorts of labour Thus we find Ulysses himself preparing his bed and building a vessel. In the same way we see the wives and daughters of kings engaged in weaving, sewing, and washing (as Helena, Penelope, and Nausicaa). The harder labour, however, was performed by male and female slaves (fy-toof*,-, dfiooiu, a/xyi'noXoi 7 ), who were either born in the country or purchased, and by tiroes, poor hired workmen. An important female domestic was the rafurj or housekeeper. 68. The amusements mentioned were chess (among the suitors of Penelope), throwing the quoit and hunting-spear (edyavmi) among the besiegers of Troy, and various sorts of athletic games among the Phseacians. Similar sports were practised at the funeral of Patroclus (II. xxiii. 257. 897), such as racing, boxing, wrestling, leaping, fencing, throwing the quoit and lance, and archery. § 15. Arts — Commerce. 69. It is clear from the poems of Homer that the Greeks were acquainted at a very early period with many of the arts, which contribute to the comfort and elegance of life. The expression Sij/xiosQyog compre- hends all those who exercised mechanical trades (thus excluding diviners, physicians, minstrels, and heralds) ; it is also used for carpenters in Od. xvii. 383. xix. 135. 70. Among the arts we must especially notice archi- tecture, and the working in metals, especially in bronze or copper, ycdy.og ; but also in iron, gold, silver, and tin, (oi'Sijpog, yovaog, aoyvoog, y.aoodzQog), and in yley.roog (am- ber, or, according to some authorities, a compound of 7 The dcpairijiv differed from the slave ; the term is in fact often used to signify a comrade in war (such as Patroclus was to Achilles, Meriones to Idomeneus, &c.) The word aviprnrolov is used only once (II. vii. 475) ; iovSof is never employed by Homer ; and Sn Xa only once (II. iii. 409). On festive occasions heralds (nfipvacf) performed also the duties of servants to persons of distinction. There is scarcely any difference between the terms dtid)irro\u$ and <5/ uojfj. Compare 14, note 8 . THE HEROIC AGE. 41 gold and silver). 8 Ornaments of ivory were also com- mon. 71. Trade was carried on at an early period with the inhabitants of Sidon in Phoenicia, who brought them costly clothing, glass wares, and ornaments or toys (dOvgfutTa). For weights we have yovooio zdlavrov and ijiuTalavTov. Coined money is not mentioned ; 9 the measure of value being a certain number of heads ol cattle (sHUTOfifioiog, iwsufioiog). During the siege o! Troy the Lemnians brought wine, which they ex changed with the Achseans for brass, iron, hides, bul locks, and slaves (II. vii. 467). § 16. Domestic affairs — Marriage — Education. 72. The life of the Grecian women, as it is pictured in the Odyssey, although domestic, was very different from oriental seclusion. The marriage tie was re- spected (Penelope, Andromache, Arete : omu dv'r,Q dya- ■dbg y.u'i iyJcpQKtv, rzjv uvzov (uloyor) qilhi '/.at. xfjdEzcu. II. ix. 341. Od. vi. 182). This also appears from Hector’s conversation with his wife (II. vi. 407), and from the refusal of Penelope to marry any of the suitors (tvvijv t ui.Soffrt] rzoatog bicoid te qf/nr, Od. xix. 527). The lawful wife was called xovgiSaj dloyog or uxomg (in con- tradistinction to the naXXaxideg or concubines), and the children born in wedlock ynjaiot, i&aiyevhg, whilst the others were termed idfior.. 1 73. Marriage was con- tracted from mutual affection, and with the free consent of the parents (Od. ii. 114. II. ix. 364). The form consisted in a sort of purchase, the bridegroom making presents (eedru) to the parents of the bride. We read 8 See Liddell & Scott, s. v. rj'XeKTpo v, and Grote’s Hist, of Greece, \ ol. ii. p. 139, note. 9 Pheidon, ruler of Argos in the first generation of the Olympic asra, seems to have been the inventor of coined money, as well as of weights and measures. Compare Grote’s Hist, of Greece, vol. ii. p. 156. 1 The illegitimate children were sometimes brought up at home. In II. v. 70, one is mentioned who remained in the house and was kindly treated by the step-mother. Telamon also educates his natural son at home ; Priam’s legitimate and illegitimate children sit in the same chariot III. ix. 102). 42 MANUAL OF GRECIAN ANTIQUITIES. also of gifts from the parents to their daughter, which were returned to them if the marriage was ever dis- solved. It was considered a blessing to have children. Violation of any filial duty was punished by the gods, as we find in the stories of Meleager and CEdipus. The children were the natural heirs ; and in default of children the nearest relations (^Qcoazai). 74. The edu- cation of the higher ranks was not confined exclusively to bodily exercises. Thus Peleus, in II. ix. 442, had Achilles instructed by Phcenix and taught fxv&cov ze Q>]zJ{D e/ievcu TintjxzrjQa, ze eQywv. The art of healing was also taught him by Chiron (II. xi. 832). He sings and plays on the yoQyu /£ (II. ix. 186). §17. Diet. 75. Among their prepared food is especially men- tioned wheaten bread (ugzog in the Odyssey, in other passages clzog, a term used to express all sorts of victuals) or barley-bread (ulcpizci), cheese ( zvQog ), roasted flesh (-/.Qt'ag onzov) of oxen, sheep, hogs. The general name for meat, or rather for every thing eaten with bread, was oxpov ( oxpa ), which at a later period was especially applied to fish, a diet little esteemed, it would appear, in the heroic age, and never mentioned as forming a part of the Homeric feasts, which con- cluded with sacrifices. Their drink was generally wine mixed with water (neOv tj8v, ofoog fiilag, eovOoog, ai&o\p, zjdvg, [xelicpQmv, tjdvnozog). They had also a mixed drink called y.v/.mv. Their usual meals were the uqiozov, early in the morning ; and the doynov at sunset. 76. Festivals were celebrated by a banquet (8a(g, elXamvq). Such were given on certain occasions by the Kings to persons of distinction (Od. vii. 49. 189), as for instance by Agamemnon to the other princes (11. iv. 259. ix. 70). Before eating, water was given to the guests for their hands (fteyvixp always in acc.). Each received his ap- pointed portion, a larger quantity both of water and wine being presented to the most honoured guest. THE HEROIC AGE. 43 Heralds 2 or public servants ( nr t Qvy,eg , xovqoi, oivoyooi) poured the wine out of the large vessels in which it was mixed with water (xo//zv;p), into smaller cups (Smug, HxmelXov, dm ag a/jqiiyvneXlov 3 ). On festive occasions less water was employed in the mixture. A complete banquet was celebrated with minstrelsy, instrumental music, 4 and dancing (II. i. 603. Od. i. 152. viii. 99). § 18. Dress. 77. The clothing of the men consisted of an under tunic (yizmv), generally short, although we also hear of a yuoiv rsQfiiosig : the epithets generally applied to this part of the dress are launoog, ivvvqzog, aiyulong, vqycc- zsog. When they went out, a wide mantle {cpaQog, also mentioned as an article of female dress) or yhuva (a term applied only to the woollen cloak worn by men), was thrown over the tunic. The epithets applied to it were avEnoryxEizrjg, uXslgdvefiog, ovXq, cpomxoeaGa, SmXq, sx- r aSvrj. The hair was worn long ; xagqxopioavzEg ’Dyaioi'. 5 Their feet were protected by leathern soles (nibila, vnoSiyAUTa), which were bound under the foot, when they went out. 78. The women wore the nmXog, a wide garment in which the body was enveloped (sarog, noixiXog). Their clothes were bound together with a girdle, {yah], yqvan'q ) , and fastened with neQorui and ivszal. Their head-dresses were the y.o>]8e/ivov, a sort of head-band or veil, and the yuXvnzQq. To the female dress belong the tQfiaza, ear-rings (zoi'yXqvu, fiOQoerza), necklaces ( oq/zoi ), armlets (elixeg), &c. 2 See 67, note 1 . 3 A costly goblet of superior workmanship is called a\aoov, a more simple one and kktitv/Sioi/. 4 Of musical instruments we meet with the KiBapif, rf,6pjjiy$, aSXo's, and trupiy£. The XSp?; is also mentioned in Horn. Hymn. Merc. 423. 5 Long and well-dressed hair was generally considered an ornament. Hence the epithet eiiirMKapos applied to Eos, Artemis, and the Nymphs $av96s to Demeter, Achilles, Ulysses, Rhadamanthus, Menelaus, and M> leager. 44 MANUAL OF GRECIAN ANTIQUITIES. § 19. Houses. 79. The residences of men of rank were called [isyaqa (a term used also to express single rooms), 86 / 101 , and Sm/xctta. The whole building was surrounded by a wall (r oTyog, fysog, tQxtov), through a gate in which (nvXai, &vQ(u 8 r/.Xi 8 eg) visitors entered into a spacious court ( avlr / ). On the inside of the wall was a corridor aiOovoa). There was also a similar al'&owa in front of the house, the middle of which was called TTQoSo/xog. In it was the uqo&vqov, or front-door (it signifies also the space immediately in front of the house). The front room, which was also the largest, was called 8 m/ia ( 86 /tog or /v-jkqov also). 80. There were also side apartments (duXa/ioi, ofooi). Sometimes we hear of an upper story (vtzeqooiov), where Penelope lived in the palace of Ulysses. Among the larger and more ele- gant houses we find the house of Menelaus, mentioned in Od. iv. 44. 4G ; that of the Phseacian king Alcinous (Od. vii. 85. 101), and that of Priam (II. vi. 242) ; but the loose and indefinite manner in which houses and apartments are generally mentioned by Homer, renders it very difficult to form a correct notion of their several parts. § 20. Furniture. 81. The articles of furniture most frequently men- tioned, are &qovoi, raised seats, with a footstool (ftQrjvvg) and cushions ( runr/reg , y.ata, Qi/ysu, ylaivat), other seats or benches ( -/.Xia/iog and y.Xioin), chairs (S(rpQog), tables ( rQune'Cu ), tripods (Tninovg), which were often given as rewards for victory, or presents, (as were also caldrons or basins, (Iffas), beds (Xtyog, dt-'/jnov, Xsxtqov), with their furniture or bed-covers (/>i}yog). consisting of skins or fleeces (xw as, to), and sheets (Xiroio Itmhv cioozov, II. ix. 681.) In the houses we find warm baths ((OeQ/tu XoerQu), with bathing-tubs (uou/nt Oog, /;). SPARTA. 45 SPARTA (a Ztu/.qtu). CHOROGRAP HY. § 1. The Country. 82. Auxtavwq or Aaxsbulyt ov is a mountainous coun- try, divided through its whole extent from north to south, by two branches of the Arcadian chain, TaygS- tus, the western, which is very lofty, and Parnon, the eastern. Between these two chains lies an extensive valley (xolXy, stuxsdulycov, II. ii. 581), watered by the Eurotas, a river which rises in the north on the borders of Arcadia, and discharges itself into the Laconic gulf. The eastern chain terminates in the promontory of Malea (or Malea), the western in Tsenarus or Tasna- rum. The valley of the Eurotas is narrow towards the north, but becomes wider towards the south, and contains some fruitful spots. The strip of land which runs along the coast on the other side of the mountains has also some valleys which admit of cultivation. The country is fortified by nature ; high mountain tracts, with few and narrow passes, rendering invasion very difficult. 6 § 2. The Capital. 83. The capital of this country was Zndqxa or Aay.sSaluav, on the western bank of the Eurotas. Among the public buildings of the city were the nsQcnxrj, a colonnade built from the Persian spoils ; the Zxidg, in after times a place of meeting for the people ; 6 The greater part of Messenia belonged to the empire of the Atridae ; but was separated from it at the Dork immigration. Subsequently it was re-conquered by the Spartans, who held it until the battle of Leuctra, when it was enfranchised by the Thebans. Between Laconia and Argo- lis lay the district of Cynuria, the inhabitants of which are mentioned by Herodotus as Autochthones of Ionic descent, w T ho were doricized by the Argives. This district was a perpetual bone of contention between the Lacedaemonians and Argives, until it was subdued by the former, b. c. 550. 46 MANUAL OF GRECIAN ANTIQUITIES. and several Atcyai. The principal open places were the Xooog, where warlike dances were performed ; and the Aq6[xo$ and riXaranarag, two exercise-grounds. The largest Temple was that of Athene (nohavyog. Dor. nohdoyog, yab/.ioiy.og) on the Acropolis. 84. Lace- daemon was divided into xcSjuat or cpviuf, of which the names of four are known to us, viz., Pitana, Limnae, Mesoa, and Cynosura. Some writers add a fifth, Dyme HISTORICAL OUTLINE. § 1. Ancient history. 85. The most ancient inhabitants of the land were the Pelasgi and Leleges. At the period of the Trojan war we find the Achaeans mentioned as the most powerful people, and the family of the Atrldse as being in possession of part of Argolis and all Lacedaemon. The greater part of Messenia belonged also to this empire. 86. Eighty years after the Trojan war (b. c. 1104) the Doric race, whose original settlement is said to have been in Thessaly, invaded the Peloponnesus under the command of the Heraclidae, and in conjunc- tion with the iEtolians, and made themselves masters of a great part of the peninsula. i * * * * * 7 87. The em- pire of the Atridas was divided among their Heraclian leaders, of whom Temenus received Argos; Cres- phontes, Messenia ; and the sons of Aristodemus, Pro- i When the Dorians invaded the Peloponnesus, the only Pelasgic tribe remaining was that of the Arcadians, who long retained their in- dependence. At Corinth the Sisyphidae were the rulers, in southern Ells the Nelidse (both of TEolian extraction) ; in northern Elis, the Epeans, and in iEgialos the Ionians. With the exception of Argos, Lacedtemon and Messenia, the Dorians by degrees made themselves masters of the rest of Argolis, Corinth, Sicyon and Phlius (also of Megaris and iEglna). Thus the greater part of the Peloponnesus was in the power o f the Do- rians, and northern Elis in that of the iEtolians. Here and there we find more ancient tribes, such as the Cynurians (of Ionic race) between Laconia and Argolis ; the Dry opes in Argolis, Minyans, from Lemnos, in Triphylia, &c. See Thirlwall’s Hist, of Greece, vol. i. p. 110—124. SPARTA. 47 cles and Eurysthenes, Laconia, where by degrees they subjugated the ancient inhabitants, who were either made tributary and robbed of their rights as citizens, (Periceci, Lacedaemonians, in the more confined sense of the word, 96 note), or perhaps, in case of obstinate resistance or insurrection, were even deprived of free- dom altogether (Helotes). In Lacedaemon the Doric race displayed its peculiar character in the great inde- pendence of the people and their freedom from foreign influence. § 2 . Administration of Lycurgus. 88. We know very little of the Lacedaemonian commonwealth during the times which immediately succeeded the Doric immigration. At a very early period it seems to have been the theatre of contentions between the kings and people. Lycurgus however (about the year b. c. 884) re-established order by creating or (to speak more correctly) shaping and strengthening out of elements which already existed, a constitution, built upon the solid foundation of heredi- tary custom and precedent. This form of govern- ment, whilst it permitted to the citizens the right of laboring for their own support, at the same time strictly enforced the subjection of the individual to the commonwealth ; man’s whole existence was to be cir- cumscribed within the limits of the citizen’s political life ; foreign influence to be excluded ; and the founda- tion of independence, moderation, and political union, to be laid in stricty defined and unchangeable regula- tions. In some particulars the institutions of Lycurgus resembled the ancient forms of government in the heroic ages. § 3. The rise of Lacedcemon — Hegemony . 89. The effect of the warlike spirit developed by such a constitution, and of strength thus concentrated, was first displayed in the subjugation of the remnant MANUAL OF GRECIAN ANTIQUITIES. of Achaean inhabitants, in the conquest of Messenia , 8 and in successful wars with the Arcadians and Ar- gives. At a later period the Spartans gradually ex- tended their influence over almost the whole of the Peloponnesus, mingling in all the affairs of the neigh- bouring states, and especially strengthening their in- terest by the protection which they afforded to the aristocracy against tyranny on one side, and demo- cracy on the other. 90 . This leadership, or Hegemony, which was at first confined to the Peloponnesus, ex- tended itself after the Persian war to the whole of Greece and the colonies, but found a powerful oppo- nent in Athens. That state, it is true, was over- thrown in the Peloponnesian war (b. c. 431 — 404 ) ; but Sparta soon lost the fruits of her victory through her own overbearing and selfish policy, and the sup- port which she always gave to the most hateful oligarchy, wherever it was to be found. In conse- quence of this conduct, not only Athens, but -for a short time even Thebes, again opposed her with success. § 4 . Decline of Lacedcemon. 91 . During the occurrence of these events the Spartan constitution had gradually been departing from its original character. Somewhat more than a hundred years after the time of Lycurgus, an important alteration was made by the establishment of the Ephori, who were enabled to give a constitutional support to the people, and soon (partly through the degeneracy of the royal families) became more powerful than the kings themselves. The constitution of Lycurgus was in fact suited only to a small state and a people of cir- cumscribed views, who were firmly attached to the existing and traditional state of things. It imposed un- natural fetters on the free will and development of in- • The first war was from b. c. 743 to 723 ; the second b, c. 685 — • 668, according to Pausanias. SPARTA. 49 dividuals, and consequently was shaken to its founda- tion, as soon as the acquaintance with foreign countries, which was the natural result of wars, especially of maritime wars, taught the people to enlarge their poli- tical horizon. The consequence of this was the gradual dissolution of all the bands which united the citizen to the state, and the triumph of unlimited selfishness. 92. In proportion as the state itself, in opposition to the views of Lycurgus, sought an increase of dominion and subsequently of wealth, did the lust of power and yearning after riches take possession of the people. Even the Kings and Ephori, as well as the members of the Senate, were pre-eminently open to bribery. Thus the form of government, partly through the de- crease in the number of burghers (occasioned princi- pally by their wars), and partly through the distribution of property which gradually became more unequal, and the increasing mass of inhabitants, who, although free, had no voice in the state, was transformed into an op- pressive oligarchy. § 5. Fall of the Spartan Commonwealth. 93. In this manner the Spartan Commonwealth gradually crumbled away, never regaining its full power, although it sometimes even yet played an im- portant part. - The attempt of Agis III. (b. c. 240) to restore the ancient order of things by a new division of land and the introduction of fresh burghers, com- pletely miscarried. Cleomenes III. (b. c. 226) was for a time more successful : for he abolished the Ephorate, and endeavoured to re-establish equality among the citizens, and restore the spirit of the Lycurgian con- stitution ; but his projects were eventually overthrown by the Macedonians. At length the Romans interfered in the struggle between the Spartans and Achaeans, and made themselves masters of the Peloponnesus (b. c. 146), permitting however a certain measure of freedom to Sparta. Even the institutions of Lycurgus retained in some degree their form until the fifth cen- tury of the Christian era. 3 50 MANUAL OF GEECIAN ANTIQUITIES. INHABITANTS OF LACEDAEMON. § 1. Spartans. 94. The inhabitants of Laconia were either free men or slaves. The former consisted partly of Spar tiates, partly of Perioeci, Mothaces, Nothi, Neodamodes, and foreigners. The Spartiates (ZnaQuarai), descend- ed as they were from the original Dorian settlers, and themselves the dominant race, secured by the posses- sion of landed property, exempted from the labour of agriculture, mechanical trades, and other burgher-like employments, with characters formed by the public education which the law prescribed, and by their con- tinued intercourse with the other citizens, were the sole possessors of full political rights, and were all placed by the constitution on the same footing (o/rotoi in Xenoph. and Demosth.) 95. We find in Sparta, as in all the Doric states, three q ivlai — viz. 'Tllelg, Jvuureg and Huurfvlot 9 , which, according to the legend, derived their names from Heracleid princes, but nevertheless seem to indicate the three races, from the amalgama- tion of which the Doric people were formed. The tribe 'Tllng, into which the Heraciidae were admit- ted, had the first rank. The three principal tribes were divided into thirty c ofiuL Admission to the rights of Spartan citizenship was not common until the time of Agis III. and Cleomenes III., who conferred the distinction on many of the Perked. On the other hand, from the time of the Peloponnesian war we find a steadily increasing class of free inhabitants without active political privileges. * In some states we find £ fourth tribe, probably a rermant of the original inhabitants. I SPARTA. 51 § 2. Free inhabitants, who were excluded by birth from the rights of citizenship. 98. The Periceci (neoiorAot) or Lacedaemonians 1 (inhabitants of the country as distinguished from the Spartiates or inhabitants of the city), the descendants of the ancient inhabitants, were for the most part of Achaean origin. They possessed, it is true, personal freedom and landed property, and seem ever to have been allowed a special administration for the management of their commercial affairs : but they paid tribute, rendered military service, were excluded from all positive political rights, such as a voice in public affairs, the magistracy, and intermarriage with citizens ; and were consequently in a position extraneous to the state, like the socii of the Romans. After the conquest of Messenia we find mention of 100 cities inhabited by Perioeci. In addition to agriculture they employed themselves in handicraft and trade, and do not seem, generally speaking, to have been in indigent circum- stances. 97. The Mothaces 2 (yo&axes — to be distin- guished from i wdcovsg , slaves born and educated in the house, vernce), appear to have been the sons of foreign- ers, here and there perhaps of Helots, who were edu- cated with the children of the Spartiates. They were by no means considered as citizens, unless, like Lysan- der, they obtained that distinction by merit; which seems to have happened especially in the case of those who were also called Nothi (yo&ot) ; these were the sons of a Spartiate, either by a foreign or a female Helot, and might become citizens by adoption. 98. The Neodamodes (ysoduymdeig) were emancipated slaves or PXelots. In the Peloponnesian war, for in- 1 This word in its more extensive significations is used as a common name for Perioeci and Spartiates. 2 The Laconian word [Maxes is rendered by some writers or rpo^Ljioi . Muller (as quoted by Liddell and Scott, s. v. [indoiv) says that the f<(S 9o>ves and / xodaxes were children of Helots, brought up as foster brothers of the young Spartans, and eventually emancipated, but usually without acquiring civic rights. See also Smith’s Diet, of Gk. and Rom. Antiq. article Ilelotes. 52 MANUAL OF GRECIAN ANTIQUITIES, stance, Helots were employed as heavy-armed soldiers, with the promise of freedom ; and in later times, this mode of supplying the want of Hoplites was so often resorted to, that the armies of Sparta consisted in a great measure of such Neodamodes. We find frequent -mention also of foreigners at Sparta, especially in later times. § 3. Helots. 99. The Spartan bondsmen or Helots (Eilwreg 3 ) were probably ancient inhabitants of the country, who had been punished for their obstinate resistance, or for subsequent insurrections, by being made either public slaves (Sovloi rov xoivov), or assigned to individuals with the portion of land allotted to each citizen. In the latter case, however, it was not lawful for their mas- ters either to put them to death or to emancipate them ; nor, generally, speaking, could they be sold without the land. 100. In the prosperous days of the common- wealth their number exceeded 200,000. In time of peace they cultivated the estates of their lords : to whom they were obliged to deliver yearly a certain quantity of produce (d^orpo^d 4 ), the overplus being re- served for their own use. They were also employed in every sort of mechanical trade, as well as other services in town as well as country. In war they attended their masters as light-armed soldiers (xpdol) and yeomen, and in later times were especially em- ployed in the service of the navy. § 4. Condition of the Helots. 101. The condition of the Helots was, generally speaking, a hard one ; retaining, as they did, the con- 3 Some derive the word from "EAuj, a city which offered an obstinate resistance to the Dorians, or from s'Aoj, a wet, low district ; a more pro- bable deriviation, however, seems to be from the verb eXcTe. It has been also supposed that the Helots were a race which had been subdued before the invasion of the Dorians, and were found by them in slavery. See Thirlwall’s Hist, of Greece, vol, i, p. 129, 130. 4 Seventy medimni of barley for a man, twelve for a woman, with a proportionate quantity of oil and wine. SPARTA. 53 sciousness of being oppressed, they naturally incurred the suspicion of the Spartiates, especially when the number of free citizens began rapidly to decrease. One way of diminishing their numbers, and keeping a watchful eye over them, was the so-called secret war (y.QV7TT£M 5 ). By the constitution of Lycurgus, accord- ing to some writers, the young Spartans were per- mitted at certain seasons to traverse the country by night and put to death any Helots, whom they hap- pened to meet. 102. We may, or perhaps, must suppose, however, that the object of such a practice, at its original institution, was simply to inure the young Spartan to the hardships of war, and promote a vigi- lant superintendence of the Helots; and that the hor- rors of which we read, were the result of subsequent abuses. During the Peloponnesian war extraordinary and atrocious measures seem so have been adopted for the purpose of removing 2000 of these unfortunate persons. Yet the door of freedom was not entirely closed against them (98) ; and we find that in later times they Were emancipated by thousands. § 5. Partition of the Land among the free inhabitants. 103. Originally there seems to have been no essen- tial distinction, as regarded privileges or the possession of landed property, between the citizens of Lacedae- mon. A fresh, or at least a different, division of pro- perty took place under Lycurgus, and another after the conquest of Messenia, when the lots (yJagoi) assigned to the Perioeci were fixed at 30,000, and those of the Spartiates or citizens at 9000. These lots, which were nearly of equal value, could neither be divided nor alienated, but must descend to one heir, who was charged with the support of the other members of his family. 104. But this very arrangement by degrees produced great inequality, since some individuals were reduced to poverty by the claims of a large family * See Thirlwall’s Hist, of Greece, vol. i. p. 130. 54 MANUAL OF GRECIAN ANTIQUITIES. whilst others became possessors of several lots by in- heritance. The means devised to remove this ine- quality were the granting permission to several brothers to marry one wife ; or adoption, and, to a certain ex- tent, the law which regulated the marriage of heiresses {tmnapaiidss ) ; or the sending out of colonies : but such measures were gradually discovered to be inadequate to the end proposed ; especially when the great earth- quake in b. c. 466, the insurrection of the Helots which immediately followed, and subsequently the Pelopon- nesian war, had cost many Spartiates their lives. 105. The inequality was yet further increased by a law of the Ephor Epitadeus (date unknown, but later than Lysander), which permitted, not indeed the sale, but the disposition or bequeathing by will of the lots. We find indeed the number of citizens gradually diminish- ing in so extraordinary a manner, and the inequality of property so inci’easing, that in the time of Agis III. there were but 700 citizens, and of these only 100 were landowners. § 6. Consequences of the gradual decrease in the num- ber of citizens, and the inequality of property. 106. This inequality of property produced by de- grees great inequality of political rights, and at last gave birth to an oligarchy ; since by the constitution of Lycurgus the complete exercise of such rights was closely connected with Spartan education, and with the capability of sharing the Spartan mode of life. We may especially notice here the difference mentioned by Xenophon between the ofioioi and the vnotmoveg ; the former being citizens who enjoyed full political rights, the latter those, it would appear, who, as persons of Spartan descent, were not excluded by their birth from the same privileges, but for want of property could take no part in Spartan education, or were compelled to earn their livelihood by some handicraft or other trade, or were too poor to bear their share of expense at the public table. SPAKTA. 55 THE GOVERNMENT. § 1. Partition of the Government. 107. At an early period disputes arose between the people and the kingly authority, which had been origin- ally divided between the two Heracleid families. These disputes led to the constitution introduced by Lycurgus, which was founded on the principle of developing ex- isting relations, without the publication of a complete code of written lav/s ; for the few' legal maxims (oijTQut) which we attribute to Lycurgus, seem to have refer- ence simply to certain rights which were the subject of dispute between the different powers of the state. 108. By them the authority was divided between the Senate, the Assembly of the people, and the magistrates, of whom the Kings alone had any political importance at first, although their power was afterwards obscured by a magistracy of more recent institution — the Eph- orate. The Kings, the Ephori, and the Senate together, seem to have composed the government or supreme administration, which authors comprehend under the term to. rthj. 109. In one point of view the constitu- tion of Sparta may be called democratic ; but since the Demos, properly so called ( da;io ^), or Assembly of citi- zens who possessed complete political rights, was only a small and steadily diminishing section, as compared with the free inhabitants who had no voice in public affairs (the Perioeci, Mothaces, Neodamodes, 98, For- eigners, and Hypomeiones, 106), it may, when thus considered, be called aristocratic, and even, in its later stages, oligarchical. 6 6 The Spartan government was, in substance, a close, unscrupulous, and well-obeyed oligarchy — including within it, as subordinate, those por- tions which had once been dominant, the Kings and the Senate, and softening the odium, without abating the mischief, ctf the system, by its annual change of the ruling ephors. — Grote’s Hist, of Greece, vol. ii. p. 476 . I 56 MANUAL OF GRECIAN ANTIUUITIES. § 2. The Senate. 110. The Senate (ysnovtjiu, Lacon. ysQcoala) con- sisted, besides the two Kings, of twenty-eight mem- bers, who were chosen for life by popular acclamation (flo/j), and must be above sixty years of age, and of irreproachable character. They were irresponsible. As the influence of the Ephori increased, those magis- trates gradually usurped the right of sharing their de- liberations and presiding at their meetings. 111. The business of the Senate was to transact all affairs of state, either publicly in the popular assembly, or pri- vately in conjunction with the Ephori, and also to sit in judgment on capital crimes committed by the citi- zens, and the offences of their Kings. The advanced age of the senators was believed to be a security for the conservative tendency of the constitution. § 3 . The Popular Assembly. 112. The Popular Assembly (called in the Doric dialect, alia) was held (according to a Rhetra, pre- served by Plutarch, Lucurg. c. 6) at stated periods and on a particular spot. It possessed the sovereign right of electing the great officers of the commonwealth, the Senate, and doubtless the Ephori ; and of entertaining the most important state questions, which were brought before it by the government, strictly so called (r« zeXrj), or by the Senate in concert with the Kings and Ephori, whose general meetings were held publicly in the As- sembly. 113 . But the people’s share in these discus- sions, as in the heroic ages, was of a somewhat passive character. They did not possess the power of origin- ating any measure, nor even of proposing a modification of the plans laid before them : so limited indeed was their authority, that when in ancient times they were thought to have exceeded their powers, a law was passed (in the reign of Theopompus and Polydorus, rather more than a hundred years after the time of Lycurgus), authorizing the Senate and Kings (ngeo- SPARTA. 67 fivyereag y.ul tiQ/ciyszat) to pronounce such a decision null and void. The government seems also to have pos- sessed a discretionary power of communicating or withholding information. 114. The object in fact of the people's attendance appears to have been, partly that they might hear the decisions of the government, and partly that in the event of any difference of opinion (between the Senate and Ephori for instance), the question might be submitted to them and be settled by their authority. The Assembly possessed no judicial powers. The regular mode of expressing their opinion was not by voting, but by acclamation. The division suggested by the Ephor Sthenelaidas (Thucyd. i. 87), because he could not distinguish which side had the majority of voices, must be considered an exception to the general rule. Every Spartiate was entitled to be present at the Assembly, provided he had completed his thirtieth year, and was in possession of full political privileges. §4. Magistrates— The Kings. \ 115. Notwithstanding their name, the Lacedaemo- nian Kings can hardly be considered a distinct power in the state ; for their political importance, especially in time of peace, was of a very limited character. Both the Kings (ficaultig, also doyayezai in the old Rhe* trai) were of the two Heracleid families — the Agldae and Eurypontidae. The succession was hereditary, preference being given to a son born during the reign of his father over those who were born before he as- cended the throne : if there were no sons, the next of kin succeeded, but in no case a member of the other royal house. If the King were a minor, guardians (fTQodiy.oi) were chosen from his nearest relations. 116. The Kings were members of the Senate, where they presided, but had no votes like the other members : they acted as judges in certain family affairs, as adop- tion, disputed succession, and the marriage of heiresses ; overlooked the arrangement of the public streets, su- 3* 58 MANUAL OF GRECIAN ANTIQUITIES. perintended the public sacrifices, particularly the wor- ship of Zeus, and maintained the connection of the state with the Delphic oracle, the national sanctuary of the Dorians. 117. In war, and beyond the limits of the country, they took command of the army, with very extended powers : at first both acted as leaders ; but subsequently only one : and we even find, in later times, that the command was intrusted to other individuals. When the war was ended, they might be called to ac- count for the manner in which they had discharged their duty. Every month they were required to swear, that they would govern according to the laws ; the Ephori in the name of the people also swearing, that they would maintain the sovereign power inviolate. Their authority in time of war was gradually circum- scribed, especially by the growing power of the Ephori. 118. For their maintenance they had property in the country of the Periceci, a part of all the sacrifices, a house in the city, and provisions at the public expense. Among their prerogatives we may reckon precedence at all public assemblies and meals, with other marks of distinction paid to them in life and after death. § 5. The EphGri. 119. The Ephori (Zcpoooi) in the time of Lycurgus seem to have been merely judicial officers, whose busi- ness it was to settle law-suits between the citizens ; but at a later period (especially from the time of The- opompus, about the year b. c. 757), the office gradually raised itself to a position of the highest authority. Of its progressive development we know nothing. Its political importance and popularity seem to have re- sulted from its character, as representing the majesty of the people in opposition to the Kings and Senate ; the Ephori being chosen annually, and all Spartiat.es, even of the humbler families, being eligible. 120. Their authority gradually increased to such an extent, that all other magistrates, and even the Kings them- selves, were prosecuted, suspended, or imprisoned by SPARTA. 59 them at their discretion To them was intrusted the superintendence of public education and morals. They claimed precedence in the Senate and popular Assem- blies, and great influence in the most important public affairs ; gave audience to foreign ambassadors, and themselves sent out embassies and messengers ( oxvTuh 7), settled campaigns, and appointed the leaders of the army. 121. Every month they exchanged an oath with the Kings ( 117 ); and in after times not only chose two of their number to control them in time of war, but even possessed the power every ninth year of removing them from office by means of a spectatio de coslo. They themselves were responsible to no one but their successors.*' Their constant endeavours to weaken the monarchy were favoured by its own demoralization, and by the eagerness with which each of the royal houses sought their assistance, for the pur* pose of injuring its rival. § 6. Other public officers. 122. We read of other officers, each of whom seems to have exercised a certain jurisdiction in his own department : the naiSovofiog, for instance, superin- tended the discipline of the boys and young men, and was assisted by subordinates termed ffidcoi ( §i'Svoi ), of whom there were probably five. There were also the ciquoovvoi, who watched over the conduct of their wo- men, and the i/melcoQot, or inspectors of the market. Other officials were the nv&iot (in Spartan noi&eob), four men appointed by the Kings to visit Delphi ; the non£avcn, whose business it was to provide accommo- dation for foreign ambassadors and the guests of the state ; and the aQuoarai, or commissioners sent to con- quered countries or cities. Some of the officers em- cloyed in time of war will be noticed hereafter. . *- See Grote’s Hist, of Greece, vol. ii. p. 472, 473. 60 MANUAL OF GRECIAN ANTIQUITIES. ADMINISTRATION OF THE GOVERNMENT. § 1. Its object. 123. It would be moi'e difficult at Sparta, than in other countries, to draw an exact line between the efforts made by the state to promote its objects, and the individual exertions of the people ; since every thing like domestic life was almost entirely absorbed in the commonwealth. The very existence of the in dividual was merged in the idea of the state, and all his interests concentrated in this one point. Nor was this “ state” an idea which was permitted to develop itself freely in conjunction with public opinion, but rather a narrow prison in which the people were chained by education and the unchangeableness of their customs. 124. So strong indeed was the build- ing, that for centuries it resisted the development of the popular mind : but the direction which this development at last took, became for that very reason the more per- nicious, when the chains of ancient belief and custom had been broken link by link, and individuals, bursting loose from the state, learned to seek within themselves alone the point in which all their desires were thence- forth to centre. A. Administration of Justice. § 2. Judicial Authority. 125. The administration of the Spartan laws was founded on custom and precedent. The judicial au- thority was in the hands of the Senate or the magis- tracy, to the entire exclusion of the popular Assembly. Capital offences were judged by the Senate ; private disputes, especially such as regarded property, were settled by the Ephori. 126. To the Kings belonged the right of deciding questions concerning succession, the marriage of heiresses, adoption, and the distribution SPARTA. 61 amongst the citizens of the expenses incurred in the formation and improvement of the public streets. Offences committed by the Kings were judged by the Senate in conjunction with the Ephori. There seem also to have been several other magistrates, each in- vested with judicial authority in his own department. § 3. Punishments. 127. The punishments were fines (considerable only in the case of kings, generals, or harmostse, 122), curtailment of civil rights (arista), and death, ’Azt^ia was inflicted on all who violated the public discipline ; and in its fullest extent was the punishment of cow- ards (oi TQt'ouTTeg), whose offence was visited with complete degradation. Their capital punishments were strangulation, and hurling the offender into a chasm (xuiudag). B. Religion, § 4. Gods of the Spartans. 128. Among the Hellenic gods the most highly honoured at Sparta were Apollo, the national divinity of the Dorians, and his sister Artdmis (Agiafug). Zeus, Hera, Athene (A&dra), Poseidon, {TloasiSdv and IIoTsiduv), Demeter (/hxptdzrio), Aphrodite, Dionysus, Ares, the Muses (fiaoai, /xcoai) and Eros, were also worshipped. The Kings were priests of the Lacedae- monian and Heavenly Zeus. As Dorians, the Spar- tans especially honoured the Delphic oracle of Apollo, which they consulted on all important occasions. Their heroes were Heracles, the founder of the Doric race, Hyacinthus, Castor and Pollux, Menelaus and Lycurgus. § 5. National Festivals. 129. The most remarkable of these were: 1. 'Ta- xiv&iu, a feast held at Amy else in honour of the Carnei- 62 MANUAL OF GRECIAN ANTIQUITIES. an Apollo and his favourite Hyacinthus, which lasted three days. 2. rvftronatdlcu (instituted in b. c. 665), a festival of Apollo and Dionysus, at which young men danced naked and practised gymnastic exercises. 3. KuQreiu (b. c. 676), a nine days’ feast in honour of Apollo Carneius, during which the people lived in tents, in imitation of an encampment. Musical con- tests also formed a part of the solemnities at this fes- tival. C. Military Affairs. § 6 . The Army — Weapons of the Soldiers. 130. The Spartan army consisted of Spartiat.es, Lacedaemonians, and Helots. Its nucleus was origin- ally formed by the Spartiates. Its strength depended on circumstances, as, for example, whether all the males capable of bearing arms (those from the age of twenty to sixty, s^cpqovqoi) were called out, or only a part (viz. those from thirty-five to forty). 131. The equipment of the Spartan Hoplites consisted of a brazen coat of mail, a very large shield (dams %alxr]), a long lance (8oqv), a short sword a helmet, and a purple cloak (cpomxig azolf). As early as the Pelopon- nesian war it was found necessary to employ Helots as heavy-armed soldiers, with a promise of emancipa- tion. At a later period the citizens served only at home and in neighbouring districts ; armies sent on foreign service being composed in a great measure of Perioeci and Neodamodes. In the reign of Agesilaus (b. c. 399 — 355) we find mercenary troops employed. § 7. Arrangement and divisions of the Army. 132. The efficiency of the Spartan army consisted principally in the judicious gradation of the command- ers and commanded, and in the scientific system of military tactics, the effect of w rich was strengthened SPARTA. 63 in the better days of the commonwealth by the strict discipline and subordination which at that time pre- vailed. The strength of the army lay chiefly in the Hoplites. The whole force was divided into six {togat, each fxoQct into four 16 %o<, each Xoyog into two nzvts- xoazvsg, and each ntvzey.oatvg into two ivoafiozicu. The Enomotia was from twenty-five to thirty-two strong, the numbers varying probably according to the size of the army. 133. What proportion the military divi- sions bore to the civil does not distinctly appear. The cavalry, an inconsiderable part of the army, was divid- ed into ovlufxol. We read of two distinguished corps, the Z/.ioizcu (in«the Peloponnesian war), a picked body of 600 men 7 , who were stationed on the left wing, and the innelg, or royal body-guard, who were posted in the centre, and generally seem to have served on foot. The corps consisted of 300 chosen Ephebi, the five eldest of whom (dyaOosgyol) were drafted off every year that they might be employed in embassies and other public services. The Helots formed the light-armed companies. Each Spartan had at least one, and often more of these men (in the Persian war seven), who acted as his servant and covered his flank. § 8. Officers. 134. The army was commanded by the Kings, at first by both conjointly, afterwards by one. Their council consisted of the nolffiag^oi, the captains of morse (132), and in later times of the two Ephori, by whom their authority was greatly circumscribed. Agis, we are told, had a college of ten av^ovlm. At a sub- sequent period we find the 'army commanded by other Spartans (such as Brasidas, Gylippus, Lysander, &c.) The remaining officers were the loydyol, nsvzijxoarjjQsg, ivco'fioTKQ%ut, and the innaouncrai. or commanders of the cavalry divisions, with the Innaygizai or captains of one hundred Inn tig. 7 That the Seirites were cavalry, may be inferred, though not with certainty, from Xenoph. Cyr. 4. 2. 1 . 64 MANUAL OF GRECIAN ANTIQUITIES. § 9. War. Battles. 135. The campaign comm enced with a sacrifice at home to Zeus Hagetor, and on the frontier (diufiazifoia) to Zeus and Athene. Then a priest of Ares (nvQCfoyog) lighted the sacred fire, which was kept burning during the campaign. The religious feelings of the Spartans were eminently displayed in time of war : if the Diaba- teria were unfavourable, they remained at home ; nor would they engage in any expedition during their public festivals, particularly during the Carneia (129, 3). In camp, the usual gymnastic and warlike exercises were continued. The Helots were excluded from the camp. 136. When the army formed in order* of battle, the Kings occupied the centre, surrounded by a numerous staff, consisting of the Polemarchs (134), the two Ephori, diviners, physicians, flute-players, conquerors in the public games, &c. Before the battle a sacrifice was offered to the Muses and Eros. Then military music (to ifjt^arrjQior, the Kugtoquiov, or March of Castor, for instance), was performed in anapaestic time, accom- panied by the war-song, which was often one of the martial strains of Tyrtaeus (b. c. 680). The army then advanced in compact masses, keeping step to the music. Sometimes scientific manoeuvres and evolutions were employed (i^shy/xoi, naQaymyal). 137. It was not cus- tomary to pursue a beaten enemy, or to plunder the dead. The science of the Spartans was displayed ex- clusively in the open field ; of sieges, and the attack and defence of fortified places, they knew nothing. Military rewards and punishments consisted for the most part of honour and disgrace. Those who had most distinguished themselves by their bravery were rewarded with precedence in the public assemblies, garlands, and similar marks of respect. The slain re- ceived especial honours. Cowards (ol TQMavrtg) were punished with Atimia (127). § 10. Naval affairs. 138. We gather from Herodotus that the naval force of the Spartans during the Persian war was very SPARTA. fib insignificant, and that it was simply to its high reputa* tion that the state was indebted for the Hegemony by sea, which it was soon compelled to resign. It was not until the Peloponnesian war, that Sparta figured as a naval power. Helots were often employed to man the fleet. It was usual to give their naval engage- ments as far as possible the character of battles on shore, by boarding the enemy’s ships, and fighting on their decks. The commanders were called ravagypi and imoxolug. D. Political Economy. § 11. Income and Expenditure — Money. 139. The expenditure of the Spartan government, which was inconsiderable, was defrayed out of the tribute paid by the Perioeci, the estates belonging to the commonwealth, the extraordinary taxes, which were sometimes imposed, when circumstances required a larger revenue, and the proceeds of their Hegemony and wars. 140. Lycurgus prohibited the general use of gold and silver as a circulating medium, permitting only iron money, which had no value out of Laconia (the principal piece of money ; tiHuvoq). This regula- tion applied, however, only to individuals : the state, as may easily be supposed, could not altogether dis- pense with a currency. Even the Perioeci, who were engaged in trade, were no doubt permitted to avail themselves of it : and at length we find the privilege of possessing the precious metals extended to the Kings and Commanders-in-chief ; for Pausanias after the battle of Platasa retained two talents as his share of the booty, and pecuniary fines to a considerable amount were often imposed on the Kings at a later period of Grecian history. 66 MANUAL OF GRECIAN ANTIQUITIES, E. Other Public Institutions. § 12. General remarks. 141. The Spartan government, accustomed as it was to consider the individual citizen as a cipher, ex- cept in so far as his welfare or ruin affected the general interest, naturally interfered in matters which, in other states, are generally left to each man’s discretion. Thus, for example, marriage and the education of children from infancy were under the control of the government, which exacted from every man unswerv- ing and laborious attention to its interests, and im- posed all sorts of fetters and restraints, for the purpose of sustaining its own independence, and the perma- nence of the existing constitution. § 13. Marriage. 142. The object of marriage was to obtain a supply of sturdy citizens and warriors. With this view, the state imposed a penalty on celibacy ayayiiov), and even on those who married too late in life (8ut] oxpiya- fdov). The father of three children enjoyed certain privileges, and a divorce was easily obtained where there were no children. A penalty was also imposed on unsuitable marriages (ply.rj xaxoyuftlov), as for instance where the wife was too young. 143. The marriage solemnity consisted in a sort of rape or abduction of the bride. In the olden times no dowry was given ; but if the bride were without brothers, and conse- quently had inherited the estate ( Kldros ) of her father, 9 the land became the property of her husband. It was the duty of the Kings to decide questions affecting the marriage of heiresses (kzinauuTidt^). Among the Spar- tans the married state was held in honour, and women enjoyed a reasonable share of liberty. 9 Before the law of Epitadeus (105) was passed, a female could not possess property in land under any other circumstances than those here mentioned. SPARTA. 67 § 14. Public Education of Boys. 144. The great aim of the government was to form by means of education a race of citizens, whose bodily strength and p’owers of endurance, united to moral vigour and public spirit, would be a security for their performing efficiently the duties which it required. From their infancy children, especially boys, were looked upon as the property of the state. As soon as they were born, they were examined by the elders of their fathers’ Phyle, for the purpose of ascertaining that they had no bodily infirmity or deformity, which might render it necessary to expose them. They were then left to their parents until their seventh year, when the state undertook their education, in order to accustom them to strict military discipline and qualify them for the army. 145. This public education and ^discipline, (which was the condition on which they were after- wards admitted to the full rights of citizens) was con- tinued step by step through different ages, the younger being always subordinate to their immediate seniors. They were divided into uyelcu (in Spartan ftovui, and the overseer ^ovayog), and. IXcu, which were superin- tended by a naiSovoyog and five (?) fiidecn. From their eighteenth year the young men were termed ysXXsiQsvsg, from their twentieth e’t'osveg (igevsg?), afterwards acpaigsig, and from their thirtieth uvdgsg. Every citizen of full age possessed the right of admonishing and reproving those who were still under education. § 15. Education with reference to the body. 146. Their mode of life was exceedingly simple. Their diet was spare, but it was considered by no means disgraceful 1 to improve it by means of theft, which was thought good practice for their cunning and 1 The laxity of their notions respecting private property was the na- tural result of that state policy, which accustomed the citizens to think only of the public interest. Hence the permission granted by the law, to appropriate in certain cases the moveable property of their neighbours and the thieving practised by the Spartan boys. G8 MANUAL OF GRECIAN ANTIQUITIES. courage. If however they were detected in attempt- ing to steal, they were subjected to severe corporal punishment for their awkwardness. 2 147. Their dress was simple ; from the age of twelve they received yearly a short cloak but were not allowed any shoes or covering for the head. Their beds were bun- dles of hay or reeds. Their exercises were gymnastics (leaping, wrestling, and hurling the discus and javelin), warlike dances (for instance the nviwljri and and hunting. One mode of hardening them was a yearly flogging (diafiaazijcoais) in the temple of Artemis Orthia. § 16. Education with reference to the mind. 148. The Spartan education was by no means fa- vourable to a free and liberal expansion of the under- standing. Scenic representations, and the arts of sophists or rhetoricians were always viewed by them with distrust ; thus whilst sophistry, rhetoric, and phi- losophy were considered important parts of education in other countries of Greece, these sciences were either entirely excluded or very sparingly cultivated at Sparta. Their intellectual training was in consequence restricted to what was absolutely necessary, music and singing ; chiefly odes in honour of the gods, of their native land, or of renowned men ; or war-songs (flrj zffazrjoui iionhu), which they were taught to accom- pany on some instrument. 149. These songs were composed in the simple and nervous Doric harmony, the distinguishing charcteristics of which were force and gravity ; for even music, as the expression of popu- lar feeling, partook of the conservative character which distinguished all the institutions of a government jealous of the slightest innovation. In order to accustom the fD boys to listen to the grave conversation of their elders, 2 It seems a gross, though not an uncommon mistake, to treat this practice as a violation of property and an encouragement to theft ; it was a preparation, not more remarkable than many others, for the hardships and shifts of a military life. Thirlwall’s Hist, of Greece, vol. i. p. 136. SPARTA. 69 they were sometimes permitted to be present at the public meals. In every instance the greatest respect and obedience to elders was strictly enforced. Some- times a friendly connexion of a very intimate kind was formed between persons of different ages (slonvijlccg and uizug). § 17. Education of Girls. 150. The education of their girls was also public, and closely resembled that of the boys. Generally speaking, the Spartan women enjoyed greater freedom than the lonians, and were more deeply interested in the welfare of their husbands and of the state. § 18. Men — ilieir mode of life. 151. From the thirtieth year the youths belonged to the class of men, and were thenceforth free from the oversight of the Paedonomi, and the necessity of living continually together, from which until that age not even marriage could exempt them. Still the feeling of de- pendence on the state was in many particulars I'etained ; in their public meals, for example (avaalua, cpiSiziu 3 ), at which all w T ere obliged to be present, unless they were offering sacrifice, or engaged in hunting (uylSnog ijugga). 152. At these meals the principal dish was the black broth (faqid, aiuuziu) with barley-bread ( ul.cpiza , udfai). Sometimes, however, an addition (? nui-Aa) was made to the entertainment ( al-Aov ), by individuals, who sent in a portion of the meats offered in sacrifice, or the produce of their chase ; and in after times, when dis- cipline had relaxed, many persons were accustomed to bring expensive dishes to the common table, or to attend irregularly at the Syssitia. 153. Each was bound to contribute his monthly proportion (viz. 1 medimnus of barley, 8 congii (%ovg= congius) of wine, 5 minee of cheese, minse of figs, and a small payment in mo- ney) ; neglect of this regulation ‘subjected the offender 1 In some writers ^nXfno. 70 MANUAL OP GRECIAN ANTIQUITIES. to the loss of civic privileges. New members were admitted by vote. Generally fifteen sat together at each table (owxrjvot). These messmates were also comrades in the field. Even children were admitted to these meals, that they might listen to the conversa- tion of men; and after the entertainment questions were proposed to them, for the purpose of sharpening their wit, and accustoming them to answer briefly and distinctly. Hence the expression, a laconic answer. § 19. Other modes of sustaining the ancient discipline. 154. It was required by the law that not only the diet, but the dwellings also, and domestic economy, even of their Kings, should be exceedingly simple, and that all, as far as it was possible, should fare alike. Their dress, m addition to the Chiton (the only gar- ment of boys), consisted of the coarse short Laconic Himation {zQt'fmv, tqi^coviov), a broad-brimmed hat ( mloe ), and a pair of sandals of simple construction (dnlat). In his hand the Spartan generally carried a stick (axvzdhj). The dress of the women was also much lighter and more simple than that of the Ionic females. 155. Intercourse with foreigners was rendered very difficult, not only by the prohibition of current coin, but also by the law, which forbade the Spartans to travel abroad without the express sanction of the government, and the caution exercised in granting per- mission to strangers to visit or reside at Sparta. (fsvifka- cla of the Spartans). § 20. Relaxation of discipline. 156. By such institutions, which promoted sim- plicity of manners and equality of property, whilst they cherished public spirit, and prevented in a great mea- sure any intercourse with foreigners, the constitution was for a while sustained in its old Laconic character. When however the Spartans, espei ially in the Persian war, had become acquainted with foreign lands and CRETE. 71 manners, and experienced the charms of pleasures hitherto unknown, the severity of their discipline gradually relaxed ; and the whole system of govern- ment, no longer adapted to the enlarged views of the people, and at the same time incapable from its unpliant character of being either modified or developed, lost all power of regulating or guiding individual exertions. 157. This degeneracy of manners was especially re- markable at the period of the Peloponnesian war. The number of citizens continued to decrease, and equality of property became little more than a name (103-106). Selfishness and avarice extended their grasp ; the most shameless corruption prevailed in all public offices, low as well as high ; thus fulfilling to a considerable extent the well-known oracular proverb, a (ft).OjfQr]fxciz(u ddnuozav 6 In, u/./.o 8e ovSiv. APPENDIX." CRETE. § 1. Historical sketch of the Country. 158. Although the peculiarities of the Doric char- acter were most prominently displayed at Sparta, we find, nevertheless, many of its more striking features in the other Doric states, such as Argos, Epidaurus, Corinth, Sicyon, and in the Doric colonies. Crete at a very early period was colonized by Dorians, but whether this immigration occui’red in the remotest ages, or not until the times of the Heraclldge, has never been satis- factorily ascertained. 159. Tradition derives the an- cient laws and constitution of the island from the heroes Minos and Rhadamanthus, whose Doric origin is very uncertain. Crete was divided into several 4 Since the Cretan constitution resembles that of Sparta in so many particulars, it has been thought desirable to give an outline of its most important features in the form of an Appendix. Compare Thirlwall’s Hist, of Greece, vol. i. pp. 122—124. 72 MANUAL OF GRECIAN ANTKiUITIES. states, independent of one another, but united -by con- federacies (snazo/xnohg, II. ii. 049). At the siege of Troy, Idomeneus and Meriones, according to Homer, were the leaders of the Cretans. In Odyssey xix. 177, the Dorians in Crete are termed r Qiyutxeg, an epithet which would seem to indicate that the poet was aware of its occupation by the three Doric tribes. § 2. The Constitution. 160. In Crete, as in Sparta, none but the Dorians, generally speaking, enjoyed the full rights of citizen- ship. The other inhabitants were a conquered peo- ple, who occupied a position similar to that of the Perioeci (vntjxooi), or of the Helots. Those who were employed on the public estates were denominated fucoizui. or fxvaizui, the slaves of private persons xlaQinzcu or uqsaouiazui. Their condition, however, would seem to be more tolerable than that of the Spartan Helot. We read also of xQvadvtjzoi, or purchased slaves. 161. The government was vested in a Senate ( ysqavla , ysQovaia), consisting of thirty members, chosen from the Cosmi who retired from office, the public Assembly (uyoQu), which, like that of the Spartans, merely decided ques- tions proposed by the Senate and Cosmi, and the Magis- trates, of whom the highest, termed xoafxoi or xooyuoi, were ten in number. The Cosmi commanded the army in time of war, and presided in the Senate and Assem- bly of the people. § 3. Discipline and mode of life. 162. The discipline and mode of life closely resem- bled that of the Spartans. The education was strict and began at seven years old. It consisted chiefly of bodily exercises, hunting, and music, which they en- deavoured to preserve unchanged, like the music of Sparta. We find also the same friendly connexion between the old and young (cpdijrooo and yds nog). The men assembled at public tables (urSoia) which were ATHENS. 73 maintained partly at their own cost, and partly at the expense of the state. . They eschewed agriculture, mechanical labour, and trade. In after times many of them served as mercenary soldiers, and some practised piracy. Gradually the constitution assumed a more democratic character, and the struggle of opposing parties continued until the subjugation of the island by the Romans. ATHENS (ai ’A&rjvui). CHOROGRAPHY. § 1. The Country. 163. Attica (Atuxii), a mountainous peninsula ly- ing between Bceotia (from which it is separated by the chains of Cithseron and Parnes), the Saronic gulf, and the Aegean sea, is divided by nature into three parts : 1. The eastern or highland country diaxQia, ogeeivi] ’AtTixrj), extending from Parnes to the promontory of Cynosura. 2. The western district, less mountainous (tj nsSiug, to nsdi'ov), with the sea coast (axzrj) reaching to the promontory called Zoster. 3. The southern point of land (tj naqulia) terminated by the promontory of Sunium. 164. The soil of Attica was by no means distinguished for fertility, but was diligently cultivated, and produced olives, figs, and wine. The honey of Hymettus was also celebrated. The mountainous dis- tricts were favourable to the breeding of cattle. Its mineral productions were marble (chiefly from Pente- llcus), silver and lead (from Laurium, Auvqiov or Aav- qsiov). The climate was healthy and agreeable. 165. The extended line of coast and excellent harbours in- vited the establishment of fisheries, navigation, and trade. To Attica belonged Salamis and several smaller islands. The land was divided for political purposes into ten Phylee (cpvlai), and 174 Dgmi (Sijyot) ; but it is almost impossible to trace the exact position and boundaries 4 74 MANUAL OF GRECIAN ANTIQUITIES. of many of the latter. Northwest from Attica, adjoin ing the isthmus, lay the district of Megaris, which ir ancient time belonged to Attica. § 2. The CajJital. 1G6. Athens (cdA&Tjvai), the capital of Attica, lies at the foot of a steep rock near the river Ilissus. Tra- dition points out Cecrops as the founder of the Acro- polis (Cecropia) and Theseus of the city. In the Persian war it was sacked, but rebuilt during the administration of Themistocles, and adorned by Cimon, Pericles, and at a later period by Demetrius Phalereus. 167. It consisted of (I.) The city (to uotv), divided into the lower (ij xurco nohg) and upper (ij uva noXig, uxqo- Ttohg , KsxQom'ct). The most remarkable buildings of the lower city were the Odeum, built by Pericles, and originally intended for musical festivals, but afterwards used for public assemblies and the administration of justice, the Bouleterion, Prytaneum, Tholos or Skias, the Theatre, several Temples, such as the Theseum, and Olympieum : porticos (ozoul), as the cmwx noixllt], adorned with pictures by the best masters, a multitude of Leschcs or places for conversation and amusement ; the Areopagus, or hill of (Mars) "Aqij (Aouog nayog), the Pnyx, and the Museum. Among the open spaces was the Ceramicus. 168. The upper city was pro- tected by a wall, built by Cimon, and approached by the famous Propylsea (ttqotzvXcuu), a colonnade of Pen- telic marble, erected during the administration of Peri- cles. Its buildings were the Parthenon (the celebrated temple of Athene, with a statue of the goddess by Phidias), the Erechtheum with the Temple of Athene Polias, and the Pandroseum, which was burnt by the Persians, and restored during the Peloponnesian war. Above all the buildings of the Acropolis towered the colossal bronze statue of Athene Promachus, the work of Phidias. 169. The quarters of the city were : Lim- nae, on the south side of the Acropolis, Colonus on the north, Ceramicus on the west, and Mellte on the east. ATHENS. 75 The city was surrounded by a wall (nsgl^olog) built by Themistocles. Its extent is said to have exceeded forty-three stadia. Among the gates, which were numerous, may be mentioned the Dipylon or Thria- sian, and the Pirsean gate. 170. (II.) The harbour, with its appurtenances. Munychia is a peninsula, the north side of which forms the harbour of Pirseeus, and the south those of Munychia, and Phalerum. Piraeus and Munychia compose the port, a town adorned with several handsome buildings, such as the Arsenal ( onlo - xhfrj, a-xevod'rjxtj) built by Philon, the Docks, and a large Theatre. All these harbours were joined to Athens by walls ; one of thirty-five stadia, which led to Phale- rum, and two of forty stadia (rd oyJhj), connecting the city with Piraeus. The Piraeus was fortified by Themistocles ; the connecting walls completed under the administration of Cimon (b. c. 457 — 456) and Peri- cles. The Long Walls and the wall of Piraeus were pulled down by the Thirty Tyrants, but restored by Conon (b. g. 393). 171. In the neighbourhood of Athens were the three celebrated Gymnasia, the Ly- ceum, not far from the temple of Apollo Lyceius on the river Ilissus ; Cynosargos, near the Lyceum ; and the Academia, which was distant about six stadia from the city, and was greatly embellished by Cimon. HISTORICAL OUTLINE. § 1 . Ancient history of the country. The Monarchy and Aristocracy . 172. The most ancient inhabitants of Attica were of Pelasgic origin f\Qavaot, Herod, viii. 44). As re- presentatives of the remotest antiquity we find mention of Cecrops and Erectheus. Cecrops is called by the ancients an Autochthon, but according to a more re- cent legend he was the leader of a colony from Sais in Egypt. Erectheus is closely connected by tradition with the worship of Athene (II. ii. 547). According 76 MANUAL OF GRECIAN ANTIQUITIES. to another legend Xuthus, the son of Hellen, settled in Attica, during the reign of Erectheus, and introduced into that country the worship of Apollo nuzQmog. From his son Ion the people were called Iones. 173. This tradition would either indicate an Ionic immigration, 5 or, if the Ionians were Pelasgians, the elevation of one tribe above the rest. The legend ascribes to this Ion the division of the people into four cpvhai, according to their employments or their places of residence ; viz. relt'ovzeg, or perhaps TeXtovzeg, the agriculturists (or according to some authorities, the priests) ; v On).i]zsg, the warriors or ruling aristocracy ; ’/dgyaSsis, artisans ; and .AlyixoQug, herdsmen. 6 § 2. The subject continued. 174. The country was divided into several states until the time of Theseus (fifty years, as is generally supposed, before the fall of Troy), who seems to have amalgamated them, and made Athens the capital. To him is also attributed a new division of the people into three classes (iQvrj) : EvnazgiSut, the patricians : Temfio- qoi, small landed proprietors ; and /IrjiuovQyot, artisans. The executive power was monarchical, the constitu- tion aristocratical. 175. A few years after the expe- dition of the Heraclidae, the Ionians, a people connected by affinity with the Athenians ( 'AOrjvaioi ), being expel- led from Aigialos by the Achaeans, took refuge in Atti- ca. Soon afterwards the Dorians became masters of Megaris, and the Athenian king Codrus having fallen in an encounter with them, the succession was dis- puted by his sons ; in consequence of which several of the Ionians having chosen his son Neleus for their leader, quitted their native land to seek new settle- 6 But not a conquest of the country ; for the inhabitants of Attica were universally believed to be Autochthones. 6 These names would appear to point to some ancient division of the people into castes. The hereditary priesthoods of certain sacerdotal families (the Asclepiadtz in Cos, the Dadalidte at Athens, the lamidat and ClytiadcE in Elis, the Talthybiada: in Lacedaemon may also be con- sidered indications of such a division- ATHENS. 77 ments in Asia. 176. During these disturbances the power of tne aristocracy increased. The title of King was in consequence exchanged for that of hereditary Archon (of the family of Codrus) ; but about 300 years later (b. c. 725) the office was made decennial ; then thrown open to all the Eupatridae ; and finally divided among nine persons and made annual (b. c. 683). § 3. Legislation of Draco. 177. Under this dominant aristocracy the condition of the people became so intolerable, that Draco, one of the Archons (b. c. 624) was commissioned to frame a code of laws (&ecf*ol). But the unreasonable severity of these new enactments, and the aristocratic spirit which pervaded them, served only to aggravate the disputes between the two parties, which continued until the time of Solon, who was appointed to the archonship in (b. c.) 594. § 4. Solon’s constitution. 178. The first step of Solon towards lightening the public burdens, was the debasement of the monetary standard. A new constitution was then formed, the chief feature of which was the division of the people into four classes, viz. IlsvTuy.oaioptidipvoi, 'Inmig, Ztvyijcu, and Oijreg. This division was grounded on the census (tifitjlia), according to which the taxes and military service required from each were duly proportioned. The fourth class were excused the payment of taxes, but were ineligible to office, and served in time of war as light-armed soldiers, and afterwards as seamen. 179. The ordinary offices were open to the first three classes, but the Archonship and consequently the office of judge in the court of Areopagus, only to the first. All the citizens enjoyed the right of voting in the General Assembly (207), where the magistrates were chosen, and other affairs of state transacted. The proposed measures were brought before them by the 78 MANUAL OF GRECIAN ANTIQUIl'IES. Senate (of four hundred). 180. Judges were chosen from the whole body of the people. The college of Areopagites was charged with the oversight not only of public officers, but of the life and behaviour of pri- vate individuals. In this manner Solon, by a compre- hensive legislation, laid the foundation of a free consti- tution, the development of which (promoted as it was by his laws) would give effect to the Grecian passion for independent and universal activity. § 5. Increase of popular influence. 181. The death of Solon was the signal for fresh disputes between the popular party and the aristocracy, which ended in the establishment by Pisistratus (b. c. 5G0), with the assistance of the people, of an autocratic sovereignty or tyranny. After the suppression of this power in b. c. 510, the influence of the democracy was increased by the addition of many citizens, and the establishment of various democi'atic institutions ; as, for example, by a fresh division of the people into ten Phylee, and 100 (or perhaps 174) Demi ; 7 and by the Ostracism (220). 182. But it was at the end of the Persian war that the people, in spite of many struggles on the part of the aristocracy to retain the balance of power, became possessed of an overwhelming prepon- derance ; partly through the importance attached to the naval service, which brought into request the active and laborious qualities of the lower orders ; partly through the ruin of so many rich individuals ; and above all through the eager longing after addi- tional power, which was the natural result of their previous triumphs. So early as the time of Clisthenes (b. c. 508) the magistrates were elected by lot; and by a law of Aristodemus the pecuniary qualification, as settled by the census, was abolished ; thus increasing to an enormous extent the power of the democracy. 7 See Thirlwall’s Hist, of Greece, \ ol. i. p. 193, and Appendix iii. ATHENS. 79 § G. Decline of the constitution. 183. The increase of wealth consequent on their naval superiority, and its necessary results, luxury and extravagance, had a corrupting effect on the character of the people. The democratic influence began to be abused ; and the doctrine that all men were eligible to offices of state, gave birth to the monstrous notion that all were equally qualified, without reference to their talents or fitness for the office. Presents and largesses (&£mqi-/.6v s ) began to have their due effect; by degrees the practice was introduced of remunerating men for their attendance at courts of justice or the public as- semblies ; the office of Areopagite fell into contempt. 184. Pericles, the author of many of these changes (b. c. 469 — 429) kept, it is true, the people to a certain extent within bounds through his personal influence and the respect in which he was held ; but after his death the injurious effects of the system became only the more apparent. The mass of the people continued to separate more and more their own interest from that of the state, and to view in public or individual prosperity only the means of gratifying their own wants or appetites : rich citizens were annoyed by in- formations (Sycophantiae), the allies of the state ruined by extortions. 185. Demagogues, fully instructed by the Sophists in the arts of political logic and popular rhetoric, flattered the selfishness and vanity of the people, and availed themselves of their credulity, mistrust, and superstition. In better days this power had been wielded nobly by such men as Miltiades, Themistocles, Aristides, and Pericles ; but in the hands of Cleon, Alcibiades, Hyperbolus, and Cleophon, it be- came an instrument of unmixed evil. § 7. The subject continued. 186. The aristocracy, which had long been en- deavouring again to raise its head, availed itself of the 8 Properly “ play-money,” given to the poor to pay their seats in the theatre with. 80 MANUAL OF GRECIAN ANTIQUITIES. sudden scarcity of money and the confusion caused by the desertion of the allies in the Peloponnesian war (b. c. 411), to restore the more aristocratic features of the government, such as the Senate of four hundred, and the Popular Assembly of five thousand ; but its success was very short-lived. At the end of the war (b. c. 404), Lysander introduced an oligarchical form of government, the administration of which was in- trusted to thirty individuals chosen out of the body of four hundred senators, but the tyrants abused their power, and were speedily deposed by Thrasybulus. 187. After various struggles the democratic constitu- tion was re-established (b. c. 363) : the code of Solon, with certain modifications, again became the law of the land, and the authority of the Areopagus was re- vived. But the character of the people had in the mean time degenerated, whilst the admission of foreigners and slaves to the privileges of citizenship had augmented the numbers of the lowest class ; all the abuses of the democracy returned therefore with increased force, and real liberty was gradually lost under the influence of the Macedonians (Chaeronea b. c. 338, Cranon 322) and Romans ; although some of the ancient constitutional forms were still retained at Athens with the name of a free state, which she continued to enjoy until the dissolution of the empire. Having thus given an outline of the various changes in the Athenian constitution, we shall proceed to de- scribe her polity during the season of her greatest prosperity. Inhabitants of the State, and their Classifi cation. § 1. Citizens by birth. 188. The inhabitants of Attica were either freemen or slaves. The freemen were either Attic citizens or foreign settlers ; and lastly, the citizens were such as enjoyed the privilege in virtue of their birthright, or ATHENS. 61 were admitted to the rights of citizenship. According to the law of Solon every man was entitled to full po- litical rights ( rtoXusla ) whose father was a citizen, even although the mother was a native of some other state, with which the citizens of Athens had no connubial relations 9 ( iniyafxiu ). A law however was passed by Pericles, that this privilege should belong only to legi- timate children, both of whose parents were citizens. During the Peloponnesian war this law seems to have been disregarded, but it was afterwards re-enacted. 189. On attaining his eighteenth year, the youth, after a previous examination (doxifnaoia) was admitted into the number of the Ephebi, and his name inscribed in the register of his demus ; then he was brought before the public assembly, a shield and spear placed in his hands, and an oath administered that he would serve the state faithfully. From this period he dated his legal majority. 190. He was then required to serve two years in Attica as guard of the frontier (nsginoXog), after which he was permitted to attend the public meetings and to bear arms abroad. The higher offices of the state, however, were not open to him until his thirtieth year. Those only could exercise full political rights who were inUl[ioi ; men who had lost one or more of their privileges were termed utiptoi. This Atimia was either temporary or perpetual, and might be more or less severe. § 2. Persons admitted into the rank of citizens. 191. By the constitution of Solon no foreigner could be admitted to the rights of citizenship, unless he had done the state some service, and was regularly domiciliated at Athens. The freedom of the city could only be granted by consent of two public Assemblies, the decision of the first being null unless confirmed by the secret votes of six thousand citizens at the second ; and even this decree, like any other, might * The children in such cases were termed v 60 oi. 4* 82 MANUAL OF GRECIAN ANTIQUITIES. be set aside within the year by a yoaqit] naQuro^av. The persons thus admitted were denominated d^onoirjzoi, or simply noiqroi. 192 . In some respects their position was not precisely the same as that of the native citi- zens, neither the priesthood nor the archonship being open to them. They were also excluded from the wards or sections, which partook to a certain extent of the family character (Phratrise and Gene). In the early days of the Athenian commonwealth the freedom of the city was seldom bestowed ; but latterly the admission of foreigners to that privilege was more frequent. In the year 427 , after the destruction of Plataea, the honour was conferred on all the inhabit- ants, as a reward for their tried fidelity, and towards the close of the Peloponnesian war many of the Me- tered ( 193 ) were made citizens. 1 § 3 . Metaeci. 193 . Although the state conferred the privilege of citizenship only on a few, many were placed, through the liberality of the Athenians, under the protection of their laws, and permitted. to share most of the advan- tages which they themselves enjoyed (cpilohriu) . The number of foreigners or Metceci ( pezoixoi ), whom the capabilities of the soil, or the character of its inhabit- ants, or the hope of gain, attracted to Attica, was always very considerable. They were not allowed to possess landed property, nor to intermarry with the citizens ; the attempt to exercise any political right or to appear before a court of justice personally and not by their advocate (nQoazdnjg), subjected them to en- slavement ; the payment of a yearly tribute was also exacted from them (/uroixior, 2-enxd z tlm) : but, on the other hand, they were permitted to exercise their trades as freely as the native citizens. 194 . Extraordinary 1 It would seem, however, that neither they nor the inhabitants of the Bceotian towns Eleutherce and Oropus, after they were united to Attica, received the full rights of citizenship, but were still subject to some re- strictions. ATHENS* 83 contributions (sbcpoga!), expensive public services (?.si- rovQylai), benevolences (iTuSoasn;), and military duties, were required from them no less than from the Atheni- ans. At certain festivals they were obliged to carry the sacrificial bowls, water-pots, and umbrellas. Any relief from their special disabilities could only be ob- tained through a decree of the people. To this class belong the laorelti^, who, in consequence of their meri- torious services, were placed, at least as far as private rights were concerned, on an equality with the citi- zens. 2 3 § 4 . Slaves. 195 . Attica had no bondsmen, like the Lacedaemo- nian Helots. Their slaves were either purchased from dealers, or taken in war, or born in their houses (o/xo- pms'). Persons might also be condemned to slavery as a punishment. Slaves were either private or public (do'vloi Srifinatoi). The public slaves were employed in various inferior duties, and especially as an armed po- lice, under the name of the Scythians, or the Archer- guar 1 (?o£oz«(), a corps which consisted at first of three hundred men, and afterwards of twelve hundred, who kept guard in the Agora, and subsequently on the Are- opagus. 196 . The condition of these slaves was for the most part very endurable. Even those who be- longed to individuals were to a considerable extent under the protection of the law. It is doubtful, indeed, whether they were allowed to possess property : but their masters were forbidden to put them to death ; and in any gross case of ill-treatment they were permitted to seek an asylum in the Temple of Theseus, and de- mand to be re-sold. 197 . Emancipations were fre- quent ; freedom, and even political privileges being 2 Individuals as well as whole states were sometimes allowed to pos- sess certain privileges, such as the right of intermarriage with Athenian citizens, of holding landed property in Attica, and of freedom from taxa- tion (drlXtia). This was particularly the case with regard to the np6^tvoi or consuls, appointed by the state to watch over the interests of Athens in foreign countries. 84 MANUAL OF GRECIAN ANTIQUITIES. often conferred on those who distinguished themselves in war, where they were especially employed as sea- men. But they were never allowed to visit the Gym- nasia, nor to be present at the public assemblies ; nor could they appear as witnesses, except in cases of mur- der, as fitjpljiai. Their evidence had no weight unless obtained by torture. 198. Emancipated slaves (linshv- &eqoi) were admitted into the class of Metoeci (193), their former master being now their Prostates or patron. Those who rejected this protection, might be again condemned to slavery by means of a or yQacp)] anoaiaoiov. The population of Attica in her best days exceeded 500,000, of whom about 365,000 were slaves, 45,000 Metceci, and the rest citizens, or about 10,000 families of Metoeci, and 20,000 of citizens. § 5. Plujlce and Demi. 199. Complete political rights qualified the pos- sessor for admission into certain communities or asso- ciations, which were governed by their own officers. To this class belong the cpvlai, qQctTQuu, and ysvij. The first two in their more recent form derived their origin from Clisthgnes (b. c. 508), who changed the number of the ancient Ionic tribes from four to ten, viz. Erectheis, Aigeis, Pandionis, Leontis, Akamantis, Oineis, Cecropis, Hippothontis, Aiantis, and Antiochis. 200. These were divided probably into one hundred and seventy-four Demi (181), the names of which were derived either from remarkable spots within their limits, as Marathon and Eleusis, or from the most important families among their inhabitants, such as the Daedalldae and Ionldae. The Demi which belonged to each Phyle were not necessarily adjoining districts, but were often at some distance from each other ; and as the son’s name was always inscribed in the register of his father’s Demus, the actual residence of an individual might be totally distinct from the Demus to which he belonged. ATHENS. 85 §6. Administration of these communities. 201. Each Phyle had its own sanctuaries, lands, and treasury ; with treasurers (zafiiui), and other offi- cers (enifxthjTu'i uov yvXur). In the public assemblies ol the Phyle the affairs of the community were trans- acted, local officers chosen, and persons selected to discharge the public jtenovQyiou. Even the Demi had their sanctuaries, assemblies, lands, treasury, and offi- cers, such as the Tamias, the Demarch (dij^iugyog), and the Euthynus (sv&vvog). Youths, on attaining their eighteenth year were enrolled in the register {Irfiagyr/ot ygafifiazEiov) of the Demus to which their father be- longed. The same rule was observed also with regard to elder persons in case of adoption. 202. As it some- times happened that the names of persons were inserted surreptitiously in these lists, a revision was made from time to time, and the names of disqualified individuals expunged from the list of Demotae (drjfiozai). They might, if they thought fit, appeal against this disfran- chisement ; but if they failed to make their claims good, they were condemned to slavery. § 7. Phratrice and Gene. 203. The division into twelve phratriae (cygargiai), and thirty families (j dvtj) in every phratria, was of great antiquity, and seems to have sustained no alteration at the hands of Clisthenes. These divisions were in fact entirely independent of those mentioned in the last section, being not so much political as religious and private associations, either originating in extended family connexions, or organized on the plan of such communities. Thus although persons admitted to the rights of citizenship (drmonoigtoi), were, as a matter of course, incorporated into some Tribe or Demus, they were excluded from these associations ; and in conse- quence were ineligible to the office either of Priest or Archon ; but they might be created qigdzogeg by a de- cree of the people, or by adoption into the family of a 86 MANUAL OF GRECIAN ANTIQUITIES. native citizen. 204. At the Apaturia (’ Anaroigm ), an Ionic national feast, the names of new-born children were enrolled in the register of the Phratria, an ar- rangement which acted as a check on those who claimed the right of citizenship in virtue of their birth. One of the family duties of the Phratores was to sup- port the relations of a murdered person in their appli- cation for justice, or, where there Were no relations, themselves to become the prosecutors. The affairs of the Phratria were managed by Phratriarchs. 205. Families were originally thirty in each Phratria, each Family being also subdivided into thirty Households (otxtai). These ytvq were upheld as much as possible on religious grounds, partly on account of the sacra pjivata, partly for the sake of the priesthoods which belonged to certain Families. They had their own sanctuaries and places of meeting (lecyai). None but- the members of these Phratrise and Gene were per- mitted to assist at the worship of ’Anolhov naz^cpog and Zt iv tqy.tlog. § 8. Trittyes and Naucrarice. 206. Another, and it would seem a more recent division, was into twelve zQizzveg and forty-eight rav- y.QUQi'ai, four in each Trittys. Two more were added by Clisthenes. These divisions seem to have had reference to some financial arrangements ; but nothing certain is known about them. THE POPULAR ASSEMBLY (’E*a/ili] nQvravsvovca). The time during which a Phyle discharged this duty was termed a Prytany (rr^vrareia), the members Pry- tanes (novrdreig), and their place of meeting mjvzavuov (to be distinguished from the ancient Prytaneum near the Acropolis), Qblog or Zy.ictg. 227. Plere they were entertained at the public expense, in company with the cmalzoi, or officers entitled to that privilege, foreign ambassadors, and such citizens as had done any re- markable service to the state. One of the Prytanes acted as President (imaraTtjg) of the day, and took charge of the keys of the Acropolis, Treasury, and Public Records, as well as the state seal. He also presided at the sittings of the Prytanes and Senate, and acted as chairman of the General Assembly. At a later period we find nine other ttoosSqoi, one from each tribe, and also a cpvli] nposSpevovaa. 228. Without the permission of these Presidents, no question could be put to the vote (innpiicpPsiv) ; but the possession of this power was a privilege, for the proper exercise of which they were responsible. In ordinary years a Prytany lasted thirty-five or thirty-six days, but in leap year thirty -eight or thirty-nine. Each Prytany ATHENS 95 had its secretary (yna^iaztvg), chosen by lot, and its avztyQacpEvg for the drawing up of public records and accounts. Sacrifices (domjQta and igizfiiu) were offered at the opening and close of each session. The daily sitting also commenced with prayer, particularly to Zeus, Athene, and Hestia fiovlala. C. The Magistrates (doyaf) . § 12. Different Classes of Public Functionaries. 229. The functionaries of the state were, (1) The uQyovzeg, or Magistrates properly so called, who were intrusted, after previous trial, with the administration of a certain branch of the executive government, sub- ject to the supremacy of the law and of the popular will. They exercised also a sort of jurisdiction within their own department, subject alrvays to the control of the ruling powers. (2) The who were intrusted for a definite period (generally thirty days) with the management of some particular business, such as embassies, Synegoriee (215), &c. (3) 'TnijQszai, servants who discharged ^subordinate duties under the control of the others, and were for the most part either slaves or freedmen. 230. The first two classes were elected either by lot with xvayioi in the temple of The- seus under the superintendence of the six Thesmo- thetse (236), or by the votes of the people in genera], or in particular cases, of a single tribe (uQyorzsg y.).rjQcoToi or (inn y.vdytov or y.vayievzoL also ysiQozorrjzol or u'iqezoi). Generally speaking the lot was the mode of election in the case of doyal properly so called. § 13. The Proof of Qualification {Soy.ii.iaa la) . 231. Before entering on office the newly-elected functionaries were required to undergo an examina- tion before the people, and in the case of the Archons before the Senate aiso. This, however, was not a 96 MANUAL OP GRECIAN ANTIQUITIES. trial of their abilities and fitness for office, but rather an inquiry into their political competence, and into certain leading particulars of their lives and conversa- tions, such as whether they fulfilled the duties of piety, good citizenship, &c. 232. From the time of Aristides every citizen was entitled to become a candidate for any public office ; no property qualification being re- quisite, except for particular situations of especial trust: for example, landed property in Attica and children begotten in lawful marriage for the office of com- mander-in-chief ; citizenship in the third generation (fx zgiyoviag) for the priesthood and archonship. The proper age, as some suppose, was after the thirtieth year. The candidate must also be free from bodily defects (arpiXsig, ftij uvdntjgoi). Those who were re- jected (ot unodoxinaa&et'Teg) at this trial (at which each citizen was permitted to state his objections) were punished with Atimia. § 14. Responsibility of Magistrates. 233. Every magistrate was required to render an account of his administration, particularly with regard to the expenditure of public money. This rule applied not only to magistrates, but to all who had public money in their hands, such as the Diaetetae (258), Trier- archs, Priests, and Ambassadors. Their accounts were delivered to ten Logistae (Xoyiaznl) chosen by lot, who either checked them themselves or handed them over to ten Euthyni (ev&vvoi) who were also chosen by lot . 8 Those who could not render a satisfactory account were summoned to appear before a court, presided over by the Logistae. 234. In this court the interests of the state were represented by ten ovvijyoQot or avvdixoi chosen by lot for that purpose, but each citizen might act as an accuser. Until his accounts were passed, 8 The relation of the Euthyni to the Logistae does not very distinctly appear. Some suppose that they were one and the same, or that Logist® was a more modern name for the Euthyni. See Smith’s Dictionary of Antiquities, article Euthyni. ATHENS. 9? no citizen could leave the country, or take any other office. He was also deprived of certain other civil rights and immunities. The accounts were generally engraved on stone, and exhibited in public. Many in- scriptions of this sort have been discovered. Notwith- standing all these precautions, frauds were often com- mitted, especially in later times, and even the Logistae themselves were not unfrequently bribed. § 15. Limits of their power. 235. The power of the Magistrates was gradually confined within narrower limits, as the people became more powerful. They continued a shorter time in office, their duties were more subdivided, and they were liable to have charges brought against them at the revision fnr/ttQoroiiu and unoyetQorovtjaig) which took place at the first Ecclesia in each Prytany. No one could hold the same office twice, or be appointed to two uQyai in the same year. The Magistrates had, it is true, the power of imposing an inconsiderable fine ; but even then the party condemned might appeal to the popular tribunal. They were, however, protected against assaults or insulting language. The only in- signia of which we read, were the myrtle chaplets worn by the nine Archons and some other officers. § 16. The Archons. 236. The highest magisterial office was that of Archon. Of the nine Archons the first (who gave his name to the year) was styled simply agyav, 9 the second pao ilivg, the third noXt'/xaQ'/os, and the rest &£tyfio&£rai. The authority of these Archons, originally so great, was afterwards, when the democracy became more powerful, restricted to the preparation of indictments, and the presidency in the popular court. They had, it is true, judicial authority in small matters, subject 5 In non-Attic writers, and especially in the Grammarians, Soxav forativ (ioq. 5 98 MANUAL OP GRECIAN ANTIQUITIES. however to an appeal. The duty of the Archon wa3 to settle actions relating to disputed successions and other family affairs ; the Polemarch decided similar disputes between resident aliens (fiszoixoi) and foreign- ers ; nothing remaining of the ancient military func- tions except the duty of superintending the funerals of those who fell in battle. The fictaiXsvg had jurisdiction in questions connected with religion ; and the Thesmo- thetse in all other matters. 237. Certain duties de- volved also on the Archons as a body ; for instance, to choose the judges yearly by lot, to inquire in the ixxXtjaia KVQia, whether the people desired to retain or dismiss the magistrates, and to preside at the election of certain military functionaries. The three first-named Archons chose each two assessors (mxQtdQOt). Before entering on the office they were required to take an oath ; and after the expiration of their year, if they had discharged their duties satisfactorily, they became members of the court of Areopagus. § 17. Various Police Functionaries. 238. The Eleven (of evdexu) were chosen by lot, pro- bably one (with a j ’Qu/Apursvs) from each Phyle. They were charged with carrying into execution the senten- ces on offenders, and with the management of the pris- ons, took cognizance of any breach of duty on the part of the police, and in certain cases, where the offence was public and in confesso, had themselves the right of punishing notorious offenders and common rogues. The datvvojioi were ten in number, chosen also by lot, one from each Phyle, five in the city, and five in the Pirseeus. They were charged with providing for the security and cleanliness of the streets, and other mat- ters of city police. 239. We read also of officers called odonotoi expressly appointed to keep the streets in repair, and imardrai rav v8a7ar, who took charge of the water-courses. The Areopagus also superintended many arrangements connected with public order. The dyonavoiioi (five in the city and five in the Pirseeus) ATHENS. 99 .nspected all goods brought to market, besides exercis- ng a general superintendence over matters connected with trade. Similar duties devolved on the fifteen cuocpvltxxst; and the same number of /z8zqov6[zoi. Navi- gation, imports, and exports, &c., were superintended by ten Izzi/uEhjTul zov ifxnooiov, who were chosen by lot. All these functionaries had a certain jurisdiction with- in their own department. § 18. Extraordinary Functionaries. 240. We may notice as functionaries appointed for extraordinary duties, the avvdixoi or ovvrjyoQoi (already mentioned, 215), who were the public advocates or counsel ; the managers of religious festivals (e. g. the imfithjza'i ruv /hovvaitov) ; the purchasers of beasts for sacrifice Q hmrui ), or of grain (aaarai), the ten judges of the spoi’ts ( uOloOt'tai ) at the Panthenaic festival ; the ten caqQovnsrui or superintendents of the boys and young men, and lastly the ambassadors, of whom those employed on the affairs of religion were termed ■&ecoqoi, and those despatched to the Amphictyonic council ieQoyvTjfioveg and nvluyogoi or nvlayoqai. § 19. Public Servants. 241. Among these may be mentioned, the yga/jfm- rsig, generally slaves, or at least persons of the lowest class ; the xijgvxsg, who attended on the higher func- tionaries, the senate, the Areopagus, and the people ; and many others, all slaves, and comprehended under the general name of drpoaioi (vtzjjqezcu). ADMINISTRATION OF THE GOVERNMENT. A. Administration of Justice. § 1 . Sources of our information respecting the Att,< Jurisprudence. 242. Of the ancient Attic jurisprudence before the times of Solon and Clisthenes, scarcely any thing is 100 MANUAL OF GRECIAN ANTIQUITIES. known. The whole system of Solon’s legislation was based on the enlargement of a ground-plan which al- ready existed, and in process of time became more and more developed through the practical working of the laws ; for that theory had little influence is evident from the fact, that in the whole range of Grecian liter- ature not a single jurist, properly so called, is to be found. Our principal sources of information on this subject are derived from the writings of the orators and the later grammarians. Laws relating to private persons.* § 2. Marriage. 243. The only forbidden degrees were those of parents and children, and of brothers and sisters by the same mother. It was required that every marriage should be preceded by a betrothal (iyyvijotg), with con- sent of the nearest male relatives, or guardian (xtlprot,') of the maiden, otherwise it was not fully legitimate, and did not entitle the parties to all the privileges of lawful matrimony, e. g. the jura agnationis (ayyiazna), which only belonged to children begotten in marriage in every respect regular (yri jaioi, oq&oos yeysrrjfitvoi). A man was permitted to have only one wife, but concu- binage was not forbidden. 1 2 244. The marriage was sanctioned by a sacrificial meal, given to the members of the bridegroom’s Phratria, into which the bi'ide was now received. The dowry was generally given by the father or xvQiog of the bride ; the husband had only the usufruct, and was obliged to give security, that, in the event of death or separation, the woman or her kindred should receive it back. The husband might 1 The most important public rights have been already explained in the preceding sections. 2 In later times connexions with tnaTpa i had a fatal effect upon the domestic life of the Athenians. ATHENS. 101 divorce his wife (tWqu nstv), but in that case must either restore her the dowry, or pay her the interest of it, and provide sufficiently for her maintenance. If both par- ties agreed to the separation, nothing further was re- quisite ; but in the event of the wife wishing to leave (anoXsineiv) her husband, it was necessary for her to lodge a complaint before the Archon. 245. The next of kin could claim, in virtue of his relationship, the hand of an heiress or daughter left without brothers (inixltjoog) , even although she were married before the death of the testator ; but on the other hand he was also compelled by law to marry even a poor Epicleros, or give her a dowry on her marriage with another. These im'y.hjnoi were protected by the law from ill- treatment (xcixmaig) on the part of their husbands. § 3. Parental Authority. Adoption. Guardianship . 246. The authority of the father and its consequent privileges were dependent on the full legality of the marriage, in virtue of which the son’s name was en- rolled in the register of his father’s Phratria. The father had the right of exposing his children, and of expelling or repudiating ( anoxrjQvxTitv ) his sons, if they deserved it. He was bound to teach his son a trade, and the son on his part was required in return to sup- port his aged parents. Adoption (?.ianolr}cig) was gen- erally employed as a means of obtaining an heir : sometimes it was viewed in the light of a duty under- taken for the purpose of keeping up the family and its sacra. It was always, however, subject to the condi- tion, that there were no sons, and that if there were daughters, one of them should marry the adopted per- son, provided he were an Attic citizen. The adopted son could not return to his original family, unless he left an heir of his body in that which had adopted him. 247. Guardianship was under the superintendence of the state. By law the term “infant” or “minor ’ was applied not only to persons under age, who had either their father as their natural guardian ( xvqioq ), or other Z02 MANUAL OF GRECIAN ANTIQUITIES. ETtlrQonoi, but also to women, who could not engage in any matter of importance without the consent of those under yrhose manus or potestas they were placed. The legal majority seems to have been attained on the completion of the eighteenth year, when the youth was admitted among the Ephebi. Guardians, although in most cases those on whom relationship imposed that duty, might also be appointed by will. The guard- ianship of the Epicleri, and the management of pro- perty belonging to minors, were subject to the control of the Archon. § 4. Right of inheritance, and of making a Will. 248. None but children begotten in regular mar- riage were entitled to the property of their parents ; consequently vo&oi were excluded from this privilege, and could only claim a sum amounting at most to one thousand drachmae. The same rule applied to adopted children : blood relationship, as a ground of claim to inheritance, is called aypazela, and comprehended not only children, but collateral relations (by avyyt'veicc, in opposition to alliance by marriage, which conferred no such right). Sons who had been disinherited on insuf- ficient grounds, might appeal. The children of one who at the time of his death was analog on account of debt to the state, inherited the nnyda and the obliga- tions of their father. All the sons inherited equally, the daughters merely received a portion. In default of sons, the daughters inherited (inlxbjooi). 249. With regard to collateral relations, it was the Attic law, in cases of intestacy, that the males should inherit in preference to females, even although the latter were more nearly related to the deceased. When there were neither natural nor adopted heirs, the inheritance fell to a member of the same Phyle, except in the case of resident aliens (ythoixoi), whose property, under those circumstances lapsed to the state. Every free citizen had the right of making a will (diad-fay), with the ex- ception of the di]fio7iolrjroi (191), adopted sons, and a ATHENS. 103 few others. Wills however were invalid, where there were heirs of the body not disqualified by law ; but if they were only daughters, a stranger might inherit, subject to the condition of marrying one of them. 250. In all cases, legacies (ScoqeciI) might be left, pro- vided the estate and the rights of the natural heirs were not injured. None but citizens (including SrjixonoiTjroi) could inherit property. Great importance was attached by the state to the subject of inheritances, the attention of the people being drawn to it at every ixubjala xoqio. The ground of this strictness seems to have been prin- cipally a religious fear, lest any house should become entirely extinct. § 5. Laws relating to Obligations and Securities. 251. The chief means of security in pecuniary transactions were written contracts (avy/ouqiul) and oral testimony (imqtvqicu) . By the code of Solon milder provisions were substituted for the old law of debt, which was very severe. Witnesses were present at the paying over of a loan to the borrower, and a written acknowledgment was also generally placed in the hands of a TQan^lzris. As trade and barter in- creased, it became customary to deposit security (sW- Xvqov). All borrowing and lending transactions con- nected with navigation and commerce being of the greatest important to the state, the laws by which they were regulated were exceedingly exact and stringent. 252. The rate of interest was not fixed by Solon, and was generally very high (seldom under ten per cent). It was reckoned either as a per-centage on the sum lent, or as a certain portion of the capital, say a "h &> or Eyyvi] (security or bail) was permitted in all sorts of civil contracts, as well as in penal proceedings. The f lovlsvuu were required to swear, that they would not imprison any Athenian, provided he could obtain the security of three members of the same class with himself. This oath, however, did not apply to persons accused of high treason or to public defaulters. In the 104 MANUAL OF GRECIAN ANTIQUITIES. transfer of real property, we find no traces of the sym* bolic usages employed by the Romans on such occa- sions. Judges and Courts of Justice. § 6. Historical Account of the Courts of Justice. 253. Of the most ancient Attic courts of justice we know very little. The Archons inherited their judicial authority from the kings ; but we find at a very early period mention made of the courts of the Areopagites and Ephgtae (262), the latter established by Draco, the former confirmed and extended by Solon. By Solon’s constitutions the people in general were admitted to these courts : it does not seem, however, that the judicial authority of the Archons was immediately superseded ; the usurpation of their functions by the people, so that nothing was left to the magistrates ex- cept the Hegemonia or presidency in the courts, having been gradually established, as the power of the democ- racy increased. 254. The overwhelming weight of business in these courts resulted from the obscurity and deficiencies of Athenian legislation in many points of view, the love of litigation inherent in the people, their endeavours to subject the decisions of magistrates to the revision of their courts, and at a later period from the arrogance, which would make Athens the forum in which all the disputes of her allies were to be settled. The courts of justice, besides those of the Areopagites and Ephetae, were those of the Heliasts, the Diaetetse, the Forty, and in ancient times the Nautodicae, or judges in commercial suits. § 7. The Heliasts. 255. The Heliasts (dixaarccl, or, from the name of their principal court rfialct, assembly ; allrj in Herod., rihctazal) were a body of judges (or jurors), who must be considered as the representatives of the judicial au- ATHENS. 105 thority possessed by the whole people. Every year the nine Archons chose by lot six thousand citizens who had completed the:r thirtieth year, probably six hundred out of each phyle. Of these, five thousand were divided into ten decades, the remaining one thousand probably serving as a reserve. They were all required to take the oath of office. 256. When any cause was to be tried, it was decided by lot on the same morning, at which of the various spots and under the presidency o f which magistrate each division should sit ; the place was then marked out by judicial staves (fiaxTygiat), with different numbers and colours. The number of judges ; '-?ned according to circumstances; sometimes several decades sitting, at others not even a single one entire ; the number was, however, generally an uneven one. Questions respecting the desecration of the mysteries were tried only before such Heliasts as were initiated, those which regarded breaches of military discipline only before those who were themselves military men. 257. Their authority extended to all other cases, with the exception of indictments for murder or wounding with intent to kill. Each judge, on arriving at the appointed place, received a ticket {av^olov), on the production of which he was entitled (since the time of Pericles) to receive a remuneration of three oboli (tqi- oifiolov TjhaoTi'/.oi’) from the Colacrgtae (KalaxQsiai). The number of places appointed for holding the courts is unknown. No sessions were held on days of public assembly, or on festival or unlucky days (anocpQades Tlfi(Qcu). On the last three days of the month, the court of Areopagites sat, but not the Heliasts. § 8. The Dicetetce. The Forty. 258. The court of the Diaetetee (S/uiTijraf) was an inferior tribunal, to which private disputes were re- ferred, in the first instance, subject to an appeal (eqson;) before the Heliasts. 3 Four judges — scarcely forty-four 3 Disputes were sometimes settled by private Disetetse or arbitrators. 106 MANUAL OF GRECIAN ANTIQUITIES. as some suppose — were chosen yearly by lot out of each phyle. They were required to be fifty or sixty years of age. In each cause only one Disetetes, chosen by the magistrate by lot out of the phyle of the defend- ant, sat as judge. They received small fees (nanaozd- ostg, deposits) from .each trial. At the expiration of their office they were responsible to the Logistse, and might be punished with Atimia. 259. The Forty (for- merly the thirty) judges (oi zszzu^dxorzce, oi xocra difovg Suuozuij were also chosen by lot. They itinerated through the Demi, and decided private causes where the matter in dispute did not exceed ten drachmae. On such questions they acted not only as judges in judicio, but as magistrates in jure. § 9. The Court of the Areopagites. 260. The early history of the Areopagus, and of the relation Avhich it bore to the court of the Ephetse, is very obscure. By the constitution of Solon, the court of Areopagus (/) [iovli] /) ' Aquov ndyov or iv 'Aquco ndyco), which consisted of men who had filled the office of Archon, took cognizance of wilful murder (com- mitted or intended), poisoning, and arson. The judges were responsible, and might be arraigned before the Euthyni, or expelled by their colleagues. The duties of the Areopagites were originally much more ex- tended, their court being not merely a dixaozrjQtov, but also a (iovXij , the efforts of which were directed to the conservation of the laws and constitution, the restraint of popular licentiousness and magisterial delinquency, the punishment of offences against good order, such as idleness, luxury, debauchery, &c., the superintendence of education, and the maintenance of religion in its in- tegrity and purity. 261. We find, after the time of Pericles, the authority of this court greatly circum- scribed by a law of Ephialtis ; and although it resumed its place as guardian of the laws after the time of the Thirty Tyrants (n. c. 403), it was prevented by the increasing democratic license and immorality from ATHENS. 107 ever recovering its former power and influence in the state ; although on some critical occasions it assumed, or was invested with, extraordinary authority. § 10 . Court of the Ejihgtce. 262. The fifty-one Ephgtse (icphcu) composed a court, the organization of which has been ascribed principally to Draco. Their jurisdiction extended to cases of homicide (8iy.ni cponnul) of inferior atrocity. Their places of meeting varied, according to the nature of the cause to be tried ; for instance, charges of un- premeditated manslaughter were brought before them at the Palladium {to Im IlaX).ad(xi), and of justifiable homicide at the Delphinium (to iv JeXymqi). The Ephetse could not sentence to death, the severest penalty inflicted by them being banishment and con- fiscation of property. In later times their power seems to have been considerably reduced, the functions of their court being in a great measure usurped by the Heliasts. § 11 . Magistrates with Judicial Hegemonia. 263. The judges, who were merely charged with inquiry into the fact and with the management of the consequent information, were also in most cases chosen by lot, but it depended on circumstances connected with the process itself, what magistrate should take charge of the preliminary proceedings and preside at the trial (r/ye/j.ona rov ScyaazriQiov). For instance, in cases of disputed succession and family quarrels be- tween citizens, this duty devolved on the Archon ; in similar disputes between resident aliens (ptfzoixoi) and foreigners, on the Polemarch ; the King presided at trials relating to religious questions, as well as all sorts of homicide ; and the Thesmothetas in all other public and private causes, in so far as they did not belong to the jurisdiction of any particular magistrate ; each judge having a peculiar precedence within his own department. 108 MANUAL OF GRECIAN ANTIQUITIES. § 12. Acccusations. — Qualifications of Plaintiffs , 264. None but citizens in the possession of full po- litical rights were permitted to plead in person. All others must be represented by a person so qualified ; for instance, the slave by his master, the pizotxog by his Prostates, women and minors by their xvqiol or iniTQonoi, foreigners by a host, &c. § 13. Public and Private Actions. 265. Accusations were either public or private. Public accusations (yguq pal) were those in which it was set forth that the state bad sustained injury either im- mediately or through offences committed against in- dividuals. The line, however, between public and private wrongs does not seem to have been very strictly drawn ; for in many instances the plaintiff was at liberty to prosecute either civilly or criminally ; in cases of theft, for example, where the value of the pro- perty stolen exceeded fifty drachmae, and in injuries to the person (either as a Slxrj atnl as or ynaqyrj vfiotojg ) . Any duly qualified citizen might bring forward a public complaint, even although he were not the party in- jured ; the fine imposed in such cases went to the state : but if the prosecutor let the affair drop, or failed to establish his charge by the vote of at least a fifth part of the judges, he was himself fined one thousand drachmae, and rendered for ever incapable of appear- ing as prosecutor in a similar action. § 14. Various Forms of Public Process. 266. The general term for a public prosecution is ygarprj, in contradistinction to 8lxrj* a private complaint. It had, however, various names according to its dif- ferent forms and objects. Thus, besides the ygacpij 4 The Word <51* ij is, however, commonly employed to express all sorts of actions, civil as well as criminal. See Dict’y of Antiquities, under this head. ATHENS, 109 (written information) properly so called, we have the irdethg, anaycoyrj and icprjyrjotg, by which the magistrate authorized summary proceedings without previous notice, and the arrest of the defendant after informa- tion received, unless three sureties were found for his appearance. We read also of the cpaou tzoojolr'i, do ay* yeliu, unoyQKCftj, and other forms. § 15 . Public Prosecutions considered with reference to the subject of Complaint. 267 . Under this head we may instance the follow- ing varieties of process. Before the Archon, ygucyl] ayupiov and inirQonrjg, xaxcoasoog against parents, Epi- cleri, and minors ; before the King, aotjeiag, qiovov ; before the Polemarch, unQoaraaiov, brought against a freedman for default of duty to the citizen to whom he owed his freedom ; before the Thesmothetae, vjQecog (the more serious injuries done to the person ), ttqoSo- alug, xaruXvosaig toil drjpov ; before the Eleven, xloniig, Xamodvaiag ; and before the Strategi, uezQatuag, Xsitzo- za^lo v. § 16 . Private Actions. 268 . Those actions were denominated private, which related strictly to private wrongs or disputes. Private complaints could only be brought forward by those who had sustained the injury, or who appeared for individuals who were not permitted to plead in person. In all such actions it was a rule that the mulct or damages awarded by the court should be paid to the plaintiff ; and that, in the event of the proceed- ings being declared frivolous, the defendant should receive one-sixth part of the sum in dispute (bimjElid) by way of indemnification for his loss of time and labour. § 17 . Private Actions considered with reference to the subject. 269 . The following are examples of private actions: before the Archon, complaints affecting family rights, no MANUAL OF GRECIAN ANTIQUITIES. and the disputes of the Choragi ; before the Thesmo- thetae, the Slxtj pkapijs, and all sorts of complaints re- lating to the protection of property ; and before the Forty, the hlyp aixiag and similar causes. Legal Proceedings. § 18. Legal Proceedings. 270. The first step in public as well as private actions was a summons (KX^- ? ATHENS. 123 to provide for the security of the land, sea, and fron- tier. They had the power of calling the people to- gether to decide on questions connected with war. The office was highly esteemed, especially after the Persian war, on account of the splendid talents of the men by whom it was filled, such as Miltiades, Themis- tocles, and Cimon. § 37. Taxiarchs, Lochagi, Hipparchs, Phylarclis, Peripolarchs. 301. The Taxiarchs (ra&uQx°i) were ten in num- ber, chosen by the people by Chirotonia. Each of them commanded his own rd^ig, and took part in the councils held by the Strategi (299). The smaller divi- sions of the army were commanded by Lochagi (Aoxu- yof), and other inferior officers. The Peripoli (296) had their own nsQinolaQxoi. The cavalry were com- manded by their own Hipparchs (i7muQ-/pi), of whom there were two chosen annually, and by ten Phylarchs (qpi 'iluQyoi), subject in both instances to the control of the Strategi. In time of peace they conducted the exercises of the cavalry, took the lead in religious pro- cessions, and superintended the recruiting for the cav- alry from those who were qualified by their census to serve in that corps. § 38. Manner of making War. 302. During the period of hostilities with Persia, the Greeks learnt to conduct their campaigns on a larger scale ; and subsequently in their various foreign and domestic wars many sorts of fortifications were erected, and improvements introduced. Miltiades had already employed engines in the siege of Paros ; but it was in the Persian war that the art of attacking forti- fied places made the most rapid advances, and at a later period obtained its highest degree of perfection under Demetrius Poliorcetes. 303. Several sorts of engines (j urj^avai) and works are mentioned by authors ; 124 MANUAL OF GRECIAN ANTIOUITIES. Such as the ycofta, nvQyoi, ytlavt], testudo (for the defence of the besiegers), y.t>ing, aries (in Philip’s time), xarans- Itcu and h&nffila (machines for hurling stones and other missiles). The state took especial care to excite men to deeds of bravery by the hope of reward. The wounded were attended at the public expense, the dead celebrated in funeral orations (Xoyoi imrucpioi), and their children educated by the state. On the other hand cowards were punished with Atimia. § 39. The Fleet. 304. The Athenians were indebted for the nucleus of their fleet to Themistocles, at whose suggestion twenty triremes were built every year ; the merit of augmenting it is due to Cimon and Pericles. At the battle of Salamis it consisted of two hundred large ships, and at a later period of nearly four hundred. Their ships of war (vtjse (taxQut), which were managed by oars, especially in manoeuvring, were generally tri- remes ( TQtrjQeig ). The crew (nXqnana) consisted of about two hundred men ; viz. at least one hundred and seventy rowers (vavrai and ighai ; sixty-two on the upper bank, and fifty-four on each of the lower ones) ; and marines or sea-soldiers (inipazui) armed in a pecu- liar manner ; besides archers on board some ships. 305. On board transports {csTQcnaotiSeg, onXuuycoyoi), the pro- portions were of course different, the number of sea- men being reduced as low as possible. At a later period (about b. c. 330), they began to employ larger ships, quadriremes and quinqueremes. Among the smaller vessels were Triaconters ( zQiay.ovzoQoi ), and Penteconters ( 7tevzt]y.6vzoQoi ), vessels with thirty and fifty oars. There were also ships of burden (oXxccSsg), and small pinnaces or boats (xs'Xt/zeg, rzXoia). The rowers were generally taken from the poorest class of citizens and Metoeci, and were sometimes even slaves. § 40. Naval Officers — Equipment — Engagements. 306. The legislation in naval affairs belonged of course to the people, but the general management was ATHENS. 125 in the hands of the fiovh]. The chief command was vested in the Strategi (the admiral’s ship was called }] oTQUTrjy'ig vavg). To them, also, in conjunction with officers especially appointed to that duty (unoaroXeig), was committed the superintendence of the equipment of the fleet. A single trireme was commanded by a Trierarch, who in ancient times received from the state merely her hull, but at a later period all her stores, standing and running rigging (oxevrj %vhva xal xpepaord), oars, rudder, masts, sails, cables, and anchors. 307. In the Attic harbours were several docks (rtwQia), sheds (recoaorxot), and storehouses (axsvoQijxai). The superin- tendence of the stores was committed to E7Ti[xsXr]Tai rwv vsaQtav, an office to which one person out of each Phyle was annually elected. They kept an account of every thing belonging to the equipment and rigging of the fleet, and had the Hegemony (right of presidency) in trials connected with their department. The most formidable weapon in naval engagements was the beak (jzfifiolor), with which they endeavoured to sink (xara- dvEiv) or disable the enemy’s vessels. Their principal manoeuvres were the dit'xnlovg, or breaking the line, and the mQinXovg, or outflanking the enemy. D . Finance. §41. Expenditure — Cost of Public Worship. 308. One very considerable item of public expendi- ture was the outlay required for the celebration of public worship with its sacrifices, processions (nofinaC), theatrical exhibitions and games at the great feasts, such as the Panathenasa, Dionysia, Eleusinia., &c. It is true that these expenses were defrayed in part by private contributions and liturgies (322), but the lia- bilities incurred by the state were still very considera- ble. Another great expense was the sending of sacred embassies ({h-aolia) to Delos, Delphi, and the great national games. For these Theorias two Triremes \26 MANUAL OF GRECIAN ANTIQUITIES. (the Delian and the Paralian) were constantly kept in commission, their crews receiving four oboli per man daily. The state did not indeed charge itself with these disbursements, but still a sum was granted to the Trierarchs out of the public chest to meet their neces- sarily increased expenditure. § 42 . War: the Standing Army — the Navy. 309 . The expenses incurred by the Athenians in their frequent wars were necessarily very considerable, especially after the time of Pericles, when the troops received pay, although the citizens provided tTieir own clothing and arms. One heavy item was the mainte- nance and education of the sons of those who fell in battle, who were also provided, as Ephebi, with a navo- nlla. Another regular expense was the xaraaraaie (<%s equestre) and alzog ( hordearium ) for each man who served in the cavalry. (Cn their number, see 298 .) It was proposed by Themistocles that Athens should build annually twenty Triremes as men-of-war. Al- though this number was never exactly observed, yet it was required that some should be built every year, under the inspection of the Senate, to whom this duty was committed. § 43 . Public Buildings — Police — Public Rewards. 310 . Considerable sums were expended in the con- struction and maintenance of public buildings ; such as fortifications, docks, arsenals, walls (of the city and harbours), water-courses, streets, gymnasia, courts of justice, theatres, temples, Leschce, all sorts of works of art, &c. We may also reckon as items of expenditure the raising and maintaining the police force {rolorui), which gradually reached the number of twelve hundred men, ail slaves, who received pay from the state. To this may be added national rewards , 9 public entertain- 9 These rewards were seldom pecuniary. They generally consisted in maintenance at the public expense, Ateleia (immunity from taxation ATHENS. 127 ment in the Prytaneum, presents to foreign ambassa- dors, &c. § 44. Payment for certain Public Duties . 311. Many persons employed in the service of the state received payment, especially after the time of Pericles. Among these payments may be reckoned zb ixxXqaiaazixov or fua&og ixy.hjdiuazixog, wages for attend- ance in the public Assembly, at first one, afterwards three oboli ; zo fiovlevrixov, the Senator’s fee, one drachma a day ; zb dixa<7ztr.6v, the judge’s or juror’s fee, a triobolus. 1 To prevent abuses it was provided by the law that no person should receive payment for the attendance at two places in one day. 312. The magis- trates had no pay ; but many other public functionaries received a remuneration for their trouble ; for instance, the public advocates (avvtiixoi, avvrjyoQoi), the inspectors of gymnasia {cayoonazai), the Nomothetae, the state physicians, and a whole host of secretaries, heralds, and other public officers. There were also, besides the Prytanes, many functionaries who were boarded in the Prytaneum ( Winter months. 'Elacprj^ohdv ) Movvvyjxav ) OctQyrjhcov > Spring months. 2 MQOCpOQUOV ) ( Hecatom ir July.) 'Ey.aroyijuidv MsTuyeizivmv BotjdQO/^uoiy 140 MANUaL OF GRECIAN ANTIQUITIES, 344. In the intercalary year, after the month Posei- deon a second Poseideon of twenty-nine or thirty days was introduced. Each Attic month was divided into three decades. The first day of the month was called i’so/jt]r(n. The following days of the first decade were reckoned in their order with the addition of the word laiafitiov or aQ/ofisvov (fiqvog). In the same way the days of the second decade had the addition of im dixa or fitaovvtog, and those of the third, im sixdSi. It was however more usual to reckon the days of the last decade backwards, with the addition qt&lvovrog or navo- (jitvov, e. g. SevztQK {h'rovTog, the last day but one of the month ( pridie calendas), or the twenty-ninth of a fir t v xoihog, or twenty-eighth of a fit] v nlrjQtjg. The thirtieth or last day of the month was styled ’ivrj xai via (“ old and new”). The Attic civil year began in the month Hecatombceon, which corresponded nearly to our July. § 8. Physical and moral Training of Boys (vQocptj xai naidtld). 345. Education was for the most part left to the discretion of individuals, the state interfering very little with the discipline of youth. It depended in fact on the caprice of their parents whether they should be brought up or exposed. The father gave his sons in general a name, which in most instances, especially in the case of the firstborn, was that of the grandfather. 7 The education of the children in the poorer class con- sisted merely in learning the first elements, with some art or handicraft, which their parents were bound to teach them. A liberal education comprehended music (in the wider acceptation of the term), and gymnastics, the former for the cultivation of the mind, the latter for giving health, strength and comeliness (tith'd) to the body. 34G. The special superintendence of the chil- 7 As the Greeks bore only one name, it was usual to distinguish them by adding that of the father (n-arpddei' ovofia^eiv). The official designation was derived from the demos, e. g. 'AnTitfioiv i Kfj^urcG, Nucdorfjaroj 2 OEOcSoridoVt AripoaQii/ris AripoaBivov^ Tlautvicvs. ATHENS. 141 dren was committed to a slave (aaiduycoyoz), by whom they were always accompanied until they were admit- ted among the EpheJfi. Instruction in grammar began at seven years old, and was given by a grammarian, who taught the children (yqififiara diSdoxetv) the first elements (reading, writing, and arithmetic), together with recitation, learning by heart, and writing from dictation. For these exercises they generally used the writings of poets, such as Homer, Hesiod, Theognis, &c. § 9. Same subject continued. 347. About their thirteenth year, the boys were sent to a Citharistes, who taught them as much music and singing as was thought necessary for a gentleman. In gymnastics they received the instruction of the natSoT^ijca in the Gymnasia, w T hither they were sent, not so much for the purpose of qualifying them to be- come Athletes, as of giving them strength, pliability, and gracefulness. Education was superintended by the Areopagus. For this purpose, at least in later times, three GmcpQoviarai, paid by the state, were sta- tioned in the Gymnasia. Slaves were not allowed to take part in the exercises. There were several regula- tions for the maintenance of discipline and morality, which, however, were gradually relaxed, as the char- acter of the people degenerated. § 10. Same subject continued. 348. Their instruction in music and grammar con- tinued until their eighteenth year, the two last years being chiefly spent in the Gymnasia, after which the youths were sent out to their two years’ service as peripoli (296). As civilization increased, the circle of education in both branches became wider. In the gymnastic school many began to learn Hoplomachy, dancing, and riding ; whilst music was followed by geometry, drawing, and at a later period by rhetoric, sophistry, and philosophy, which were often taught by 142 MANUAL OF GRECIAN ANTIGtUITIES. celebrated professors on extravagant terms. 349. The advance of education was aided especially by that taste for the fine arts which had been awakened even in the days of the Pisistratidae, and had been more widely developing itself since the time of Pericles, by the constant sight of the many plastic or dramatic works of art connected principally with public worship, and by the varied influence of their restless political life. Hence the Athenians were distinguished for politeness and a taste for the beautiful, as well as for an anxious yearning after knowledge, which they sought to gratify by lively discussion and instructive conversation. Sometimes, however, this propensity degenerated into a love of trifling gossip (udolsaxlu). §11. Female Education. 350. The education of girls was conducted at home under the eye of their mother, and aimed rather at making them good housewives than accomplished wo- men. They generally led a very retired life, seldom appearing in public, except at religious festivals. It has been a subject of dispute, whether they visited the theatres or not, but at all events in the olden time they were only permitted to be present at tragedies. 8 They generally married very early ; and it was considered unbecoming for them to trouble themselves about state affairs, and matters which more properly belonged to men. They were subject to the inspection of the ywaixovofioi, an office undoubtedly of modern creation. The free intercourse between the sexes enjoyed in our days, and the influence which it exercises over the whole life and character, both of males and females, were in great measure unknown to the Athenians. § 12. Meals. 351. Among entertainments of a public character we have already mentioned the alrrjaig iv aovtavtlm and * See Smith’s Dict'y of Antiquities, article Theatrum, where the same view is advocated ATHENS. 143 the eGTictGig, or feasting of the Phyle (cpvlszrxu delnvu). Their social meals were the egavoi, or pic-nics, to which each contributed his proportion either in money or provisions (riTiu), such as Bacis and Musaeus ; inspection of sacrifices (Upoaicomu), the flight and song of birds, appearances in the heavens (Sioatijicia), such as lightning, and eclipses of die sun and moon, dreams, &c 158 MANUAL OF GRECIAN ANTlaUITIES. relation between neighbouring nations, even without re- ference to any affinity of race ; and on this were found- ed the leagues known as uyyiy.rvovuu (properly dfiqpotrt- ovicu), or unions of neighbouring states who frequented the same sanctuary. Such leagues were not, like the Symmachiae, intended for mutual defence against ene- mies, nor did they, like the local unions, meet to dis- cuss the common interests of the people ; not unfre- quently, however, they inculcated the observance of such humane enactments as were founded on justice. We hear of several such Amphictyoniae ; but very little is known respecting the history and origin of most of them. § 2. The Amphictyoniae at Thermopylae and Delphi , Their extent, object, and history. 388. The most renowned among these leagues was that which assembled at Thermopylae, and at the Tem- ple of the Pythian Apollo. By the extension of its original numbers this society obtained a great name throughout almost the whole of Greece (although it never assumed the character of a general Hellenic council), and acquired a certain degree of political importance, which it long retained. The origin of this league, which was styled pre-eminently “ the Amphic- tyonic,” is lost in mythical obscurity. The ancients derived the name from Amphictyon, the son of Deuca- lion, brother of Hellen, who must undoubtedly be con- sidered merely as a mythical representative of the league. 389. The members of this league formed twelve clans, 9 all of which, in ancient times, resided in or near Thessaly, and down to the Macedonian period retained in name the same privileges, although, in fact, some of the members, as the Dorians, Ionians, and Thessalians, entirely obscured or crushed their neighbours. The objects of the league were the pro- 9 Thessalians, Boeotians, Dorians, Ionians, Perrhsebeans, Magnesians. Locrians, CEteans, or CEnians, Phthiotic Achseans, Malians or Melians, Phocians, and Dolopians. POINTS OF UNION FOR PARTS OF GREECE. 159 mulgation of certain precepts of civilization and hu- manity, tor the guidance of the neighbouring people in their intercourse with one another, the protection of the temple at Delphi, and latterly (from b. c. 586) the superintendence of the Pythian games. It was not, however, intended either for defence against foreign enemies, or for interference in the internal affairs of the states of which it was composed ; consequently we find that the Amphictyonic council was inoperative in the Peloponnesian war and other quarrels of the Gre- cian states with one another. § 3. Same subject continued . 390. On the other hand, its efficiency was shown in the so-called holy wars against violators of the Tem- ple (against Cirrha, between the years b. c. 600 and 590 ; against Phocis, 355 — 346 ; against Amphissa, 340 — 339, and against the AEtolians, 280). In these wars, however, the more powerful members of the con- federacy often employed it as an instrument for carry- ing out their own plans, as for instance, in the case of Philip of Macedon, who was admitted into the league in the room of the Dorians and Phocians, who never- theless were afterwards restored. The Amphictyonia still survived, even when Greece was subjected to the Romans, and continued to exist in the time of the em- perors, in a modified form given to it by Augustus. § 4. Internal regulations of the Amphictyonic League. 391. The sanctuaries of the Amphictyons were, the Temple of the Pythian Apollo at Delphi, and the Temple of the Amphictyonic Demeter at Anthelanear Thermopylae. Each year there were two Amphictyonic meetings at Delphi and Thermopylae alternately. The number of votes was twenty-four, two for each of the twelve clans ; but in what manner these were appor- tioned among the -states which belonged to the more important tribes, such as the Ionians and Dorians, is 160 MANUAL OF GRECIAN ANTiaUITIES. not very clear. The deputies were styled Isgo/iv^iiortg and nvluyoQcu (probably there were a Hieromnemon and several Pylagoree for each state), whose duties and relation to each other are not very distinctly under- stood. 1 Besides the council there was also a general ixxh]df, scattered : mrupui). 172 QUESTIONS TO eessors, and what became of them ? Describe the migrations of the Ionians. 12. Describe the possessions after the age of migrations of the JEolians, Ionians, Dorians. Where were pre-Hellenic tribes still found ? Who then dwelt in Thessaly? What were the two tribes that possessed the most distinctly marked family character ? 13. Give the character of the Grecian states as gathered from Homer. Explain the synonymical identity of state and city in Grecian history. 14. When did the constitutions of the states become republican? What exception was there ? What causes favoured the establishment of repub- lics (or democracies) ? 15. What body paved the way for the overthrow of the monarchies? Explain the terms by which the aristocracy were designated with refer- ence (1) to birth; (2) to the possession of freehold properly ; (3) to the possession of a horse or performance of knightly service ; (4) to wealth ; (5) to svpposed merit. 16. On what other circumstance was the dis- tinction between an aristocracy and a plebs founded ? Mention some race who had been enslaved after the conquest of their cities. 17. Into what did the aristocracies often degenerate? What politi- cal struggle ensued ? What was the term for the people {plebs) as op- posed to an aristocracy ? 18. What privileges were in many states wrested from the aristocracy? By whom and when were constitutions founded in the course of these struggles, at Mitylene, Sparta, Athens, Caiana, amongst the Epizephyrian Locri, &c. 19. What was a rvpavvts ? Give an instance of a rvparvls. What was the age of ‘ tyrannies’ in Greece ? Were they necessarily unfavourable to the St/yos ? 20. Mention other causes (cf. 13) that favoured the growth of democ- racies. Who sometimes became leaders of the popular party ? What was the political effect of the Persian war? What sides were usually taken by the aristocratic and democratic parties respectively, in the Pelo- ponnesian war? Give the date of that war. 21. What party was vic- torious at the end of the Peloponnesian war ? What were the conse- quences of this success? What arose in other places? 22. By what was the way paved for the sovereignty of Philip of Macedon? Mention- some flashes of the old Grecian spirit that appeared in the evil days of Greece. 23. What event gave the last blow to Grecian freedom? When? Under what name was Greece finally incorporated, as a province, into the Roman empire ? What states were recognized by the Romans as liberal civitates ? Who and with what effect proclaimed the independence of Greece ? 24. What were the two essential parts of every Grecian constitution ? 25. What distinction prevailed, with reference to these parts, between the aristocratic and the democratic states? Explain SoKipacia and tiSCuj. 26. How was the judicial power usually divided ? 27. Which Greek tribe developed its powers the most rapidly ? In which Greek tribe had democracy the most rapid growth? Which was the most important Ionic state ? Explain the progress and effects of democracy at Athens. 28. Which was the most important Doric state ? Explain the distinction between Spartans and Periceci. What principle was carried out to its fullest extent at Sparta ? with what effect ? Men- tion the first and the final effects of the Spartan constitution. 29. What was often the only principle by which the more powerful MANUAL OF GRECIAN ANTIQUITIES. 173 Grecian states were ckeeked ? What bonds of union existed between the Grecian states ? W r hen did the Greeks always become conscious of thoir nationality? 30. What religious or quasi-religious institu- tions assisted in keeping up a national feeling ? Mention the principal Grecian Oracles. 31. By what principle were particular states sometimes united ? What leagues obtained importance in later times ? 33. Mention a remarkable distinction between Grecian and Roman colonies. 34. Explain the term Heroic age. 'What is the date of the expedi- tion (or return) of the Heraclidce ? Of what race were they ? Mention some of the principal Heroes before the Trojan war. 35. What is tho. usual date of the Trojan war ? - 36. Who put down piracy ? What heroes repressed robbery and bther violence? Mention some traces of a milder spirit that appear amongst the general rudeness and coarseness of the heroic age. 38. What examples of friendship belong to this age ? what examples of kindly intercourse with dependents? Who was the protector of the stranger? WTiat connexions between ancestors were hereditary? 39. Mention a custom that showed respect for the stranger as such. 40. By what epithets was the respect for minstrels manifested ? 41. What instance can you mention of respect for the jura gentium ? 42. What was the general form of government in the heroic age ? 43. How was the kingly office regarded? To whom was the au- thority of Kings traced ? What are frequent epithets of kings in Homer ? Give instances in which the rights of kings were violated. 44. What traces do we find in Homer of non-monarchical governments? Was the succession hereditary? Could females succeed? What epithets refer to the judicial authority of kings? What priestly office might the kings perform ? 45. What were the royal insignia ? what the privileges of Kings ? Explain Knpvxts, ripn, yipas, Stopa,- Soirtrai, dtpiarcg.^ 46. By what terms were the aristocracy distinguished ? What term referred to their advising the king? Explain olros ycpovaios. 3 Mention some princes who had councils. 47. Who composed the general Assembly of the people ( ayopn )? Was it ever safe to resist the open expression of public opinion? Were the Assemblies convened at definite periods ? Is any expression of dis- sent mentioned ? Might any individual come forward on his own au- thority? 48. Who on one occasion dared to express his opinion unre- servedly ? how did his attempt succeed? What names of classes occur? 49. What expression never occurs in Homer? Account for this. Under whose especial protection w~ as the administration of justice ? Did the governments seem to concern themselves much about private dis- putes ? What were the most common cases that came before the kings? What was the usual proceeding in cases of murder ? 50. What was the character of the Homeric gods? 51. Explain rv^ai, Xirai : dodcOac, ev^eadat ; %£ipas dre^eiv, dpiyciv ; yovvdfa- 2 QlpicTcs, customary dues to the king (Xnr apas rrXs Ii* 0E/uo0wpaf ? 58. Explain ta-dp ; was it synonymous with |d )pa and pirpa ? Explain KvaptSei, om'Of, dmrtiy d/x^aXdi, avTV^y KavovEi, rcXapCiv. What were lighter shields called ? What metal was usually employed ? What other metals were used ? What was the complete equipment of a warrior termed ? 59. How was the fate of a battle mostly decided ? Who are cele- brated for their acquaintance with discipline ? With what is the quiet and steady march of the Achceans contrasted ? 60. How did the heroes generally fight? Explain appa, t>x ea ‘ Zilippoi, dt^vyei IVn-oi, vapbopo;'. hrio- \oi , TzapaBdrrji. Explain TToXcpoin yci/ivpai. Explain (ln>iv dyaOdi, npvXce;, rrc^oi, 7 Tvkival d\ir,Tpai. To what did the pfjrpai of Lycurgus seem to have reference? 108. How was the authority divided between the Sen- ate, the Assembly of the people, and the Magistrates? 109. In what point of view may the constitution of Sparta be called democratic ? in what aristocratic, and, in its later stages, oligarchical? 110. Of whom did the Senate (ycpowia, Lac. ycpaaia) consist? How were the members of the Council or Senate chosen? What qualifica- tions were necessary? What magistrates gradually usurped the right ol sharing the deliberations and presiding at the meetings of the Senate? 111. What was the business of the Senate? What was believed to be a security for the conservative tendency of the Senate ? 1 12. Did the popular Assembly meet at stated periods and on a par- ticular spot? What rights did it possess? 113. What was the people’s 178 QUESTIONS TO share in these discussions ? What power did they not possess ? Prove how limited their authority was. 114. What power does the government seem to have possessed ? Did the Assembly possess any judicial powers ? What was the regular mode of expressing their opinion? Who and on what conditions were entitled to be present at the Assembly ? 115. Were the Lacedaemonian Kings a distinct power in the state? What were the two royal families? Describe the law of succession. What was done if the King were a minor? 116. Describe the power of the Kings. 117. Did either, or both, or one command the army in time of war ? Was the command ever intrusted to other individuals? When the war was ended, might they be called to account? What oath were they required to take every month? By what power was their authority in time of war gradually circumscribed ? 118. What state provision did the Ephori receive for their maintenance? What prerogatives did they enjoy ? 119. From what time did the office of the Ephori gradually raise itself to the highest authority? From what did its political importance and popularity mainly result ? How were the Ephori chosen ? 120. De- scribe the extent of their authority and privileges as fully developed. 121 Describe their monthly oath. What remarkable power did they possess against the Kings ? Describe the ovcvraXi/. 4 What favoured their constant endeavours to weaken the monarchy ? 122. What offices did the following magistrates hold : the rratiovSpos, Pideoi (di'dtm), ap/i6avvoij cp-ncXcopoi, ttvQioi, npufavot, appoorai ? 123. What place, in theory and practice, did the state, occupy in the Spartan constitution ? 124. What was the final effect when the chains of ancient belief and custom were once broken ? 125. Where was the judicial authority placed ? Who judged capital offences? who private disputes? 126. What questions belonged to the Kings? By whom were offences committed by the Kings judged ? 127. What were the usual punishments? On whom was dripta in- flicted ? What were the capital punishments ? 128. What gods were the most highly honoured at Sparta ? What priesthood did the Kings hold ? What oracle did the Spartans especially honour ? 129. What were the principal national festivals ? 130. Who formed the main strength of the Spartan army? 131. Describe the equipment of the Spartan Hoplites. How soon were Helots employed as heavy -armed soldiers with a promise of emancipation? Of whom did armies on foreign service principally consist in later times? When were mercenary troops employed ? 132. In what did the efficiency of the Spartan army principally con- list ? How was the whole force divided ? How strong was the Enorno- da ? 133. Was the cavalry a strong body? how was it divided? Of 4 It was a staff of a particular size ? The Ephori wound round this s cytale strips of the material they intended to write on. Having written what they wished, they unwound it, and sent it to the King or other Commander-in-chief, who wound it round the counterpart of their scy- tale ; by which operation, the parts being brought together as before, it became legible to him. MANUAL OF GRECIAN ANTIQUITIES. 179 what two distinguished corps of cavalry do we read? Of whom did the Imeis consist ? Who were the dyudocpyoi ? Of whom did the light-armed companies consist? How many Helots attended each Spartan (Sparti- ate) ? 134. Who at first commanded the armies ? Who formed their coun- cil of war ? Mention some Spartan commanders-in-chief who were not Kings. Who were the remaining officers. 135. How did the campaign commence ? What was done if the Dia-bateria were unfavourable ? What effect had the Carneian festival on a campaign? What were always continued in camp? Who were ex- cluded from the camp ? 136. Describe the arrangement of an army in battle array. Describe the sacrifices, martial music, &c., which preceded the onslaught. How did the army advance ? What scientific ma- noeuvres and evolutions were sometimes employed ? 137. What was not customary ? Of what military operations did the Spartans know nothing ? How were those who had most distinguished themselves by their bravery rewarded ? Who received especial honours ? How were cowards pun- ished ? 138. To what was Sparta indebted, during the Persian war, for the Hegemony by sea ? When did she first figure as a naval power ? Who often manned the fleet ? What character did the Spartans try to give to their naval engagements ? 139. How was the expenditure of the Spartan government defrayed ? Was it large? 140. What did Lycurgus prohibit? With what limita- tion must the statement that Lycurgus permitted only iron money be understood? Explain -ntXavop. Show that the privilege of possessing the precious metals extended at length to the Kings and Commanders-in- Chief. 141. Give instances in which the Spartan government interfered in matters which are generally left to each man's discretion. 142. What was, nationally considered, the object of marriage ? How did the state encourage marriage? On what was a penalty imposed ? 143. What did the marriage solemnity resemble ? Describe the regula- tions with respect (1) to dowry, (2) to the estate of an heiress. Who decided questions about the marriage of heiresses ? How was the mar- ried state looked upon at Sparta ? 144. What was the great aim of the government in its measures of education ? Whose property were children, especially boys, considered ? What was done as soon as they were born? When did the state under- take their education 1 145. Describe the divisions of the Spartan youth, their teachers, &c. When did they become pcWeipevcs ? When uptves (JLptves ?) e^aipeTs, di 'ipss 2 What educational authority did every citizen of full age possess ? 146. How might the boys improve their spare diet ? What if they were detected in this attempt ? 147. Describe their dress, their beds, their exercises. Mention a singular method of hardening them? 148. Was the Spartan education favourable to a free expansion of the understanding? What arts, &c , were always viewed by the Spartans with distrust 1 To what was their intellectual training restricted ? 149. In what harmony were their national songs composed ? When were the boys accustomed to listen to the grave conversation of their elders 1 What was always strictly enforced ? 180 QUESTIONS TO 150. Describe the education of Spartan girls. Did the Spartan wo- men enjoy greater or less "freedom than the Ionian ? 151. When did the Spartan youth obtain the freedom of men! What had been their condition hitherto, even though they were married ! In what particulars was the feeling of dependence on the state retained! 152. At their meals what wa3 the principal dish ? What additions were sometimes made to the entertainment? What was done in after times, when discipline was relaxed ? 153. How much was each member bound to contribute to his mess? To what did neglect of this regulation sub- ject the offender ? How were new members admitted to a syssitia ? How many generally sat together ? In what other respect were they comrades ? Explain the term ‘ laconic answer.’ 154. What besides the diet was required by the law to be exceedingly simple ? What was their dress ? What did the Spartan generally carry ! What was the dress of the women ? 155. By what was intercourse with foreigners rendered difficult ? Explain fei/r/Xairia. 156, 157. Describe the relaxation of discipline. At the period of the Peloponnesian war, what was the state of Sparta as to morals, the num- ber of its citizens, &e. ? By what was Sparta doomed to fall ? CRETE. 158. Mention some other Doric states, whose institutions, &c. were stamped with a Doric character. By whom and when was Crete colo- nized ? 159. From whom does tradition derive the ancient laws and constitution of the island ? Was Crete one state ? Explain the Homeric epithet of the Cretans roi^aiKcs. 160. Describe the Cretan constitution. Did all Cretans enjoy the full rights of citizenship? Explain pvuirai, itXapurai, atfiappionai. 161. In whom was the government vested ? Who commanded the army, and presided in the Senate and Assembly ? 162. What was the discipline and mode of life of the Cretans? When did education begin, and in what did it chiefly consist ? Men- tion some other points of resemblance between the customs, &c. of Sparta and Crete. What change did the constitution undergo? With what final result ? ATHENS. 163. What is the general character of Attica? Describe the situation and boundaries. How is Attica divided ? Explain h m6ias, dvrij, n *apa- \ia. 164. Was the soil of Attica fertile ? What were its productions (agricultural, mineral, &c.) ? What its climate? 165. For what pur- suits was it well adapted ? What islands belonged to it ? What were the political divisions of Attica ? What district belonged in ancient time to Attica ? 166. Describe the situation of Athens. Mention its traditional found- ers. When was it rebuilt ? Who adorned it ? 167. Describe its divi- sions. What were the most remarkable buildings of the lower city ? What open space was there in the lower city ? 168. How was the upper city protected ? Describe the Propyltea. What were the principal build- ings of the upper city? 169. What were the quarters of the city? MANUAL OF GRECIAN ANTIQUITIES. 181 Who surrounded the city by a wall ? Of what extent ? Mention some of the gates. 170. What were the harbours? What handsome build- ings were there in the Port ? How were these harbours joined to Athens ? Who fortified the Piraeus 1 By whom were the connecting walls completed ? By whom were the Long Walls and the wall of the Pirseeus pulled down 1 by whom restored ? 171. What celebrated Gym- nasia were close by Athens ? What Gymnasium was at some distance from the city 2 1 72. Of what origin were the most ancient inhabitants of Attica 1 W'ho was Cecrops, according (1) to the less, (2) to the more probable tradition ? With what does tradition connect Erectheus ? Give the legend of Xuthus. 173. What does this tradition indicate ? What were the inhabitants of Attica universally believed to be ? (note 5.) What does the legend ascribe to Ion ? Explain the probable meaning of TiAto- vrcs (or TrXIot'rej), "O jr\r}r£$, ’A pydSeis, A-iyiKopsts. What indications exist of an ancient division into castes? (note 6.) 174. What is ascribed to Theseus? Describe (1) the executive power, (2) the constitution. 175. What people took refuge in Attica ? When? What caused an emigration to Asia ? 176. What increased during these disturbances ? What changes took place in the sovereign power ? 177. Describe the legislation of Draco, with its dates, causes, and character. When was Solon appointed to the archonship ? 178. What was Solon’s first step towards lightening the public bur- dens? Describe Solon’s division of the people into classes. On what was this division grounded ? What were the exemptions and what the diminished privileges of the fourth class? 179. What offices were open to the first three classes ? what only to the first ? What right did all the citizens enjoy ? Who brou<^it the proposed measures before the Assem- bly of the people ? 180. From whom were the judges (or jurors) chosen ? With what was the college of the Areopagites charged ? 181. What was the result of the disputes that followed the death of Solon ? When was the tyranny of Pisistratus suppressed ? What fol- lowed its suppression ? What fresh division of the people was made ? 182. When did the people become possessed of an overwhelming prepon- derance ? Account for this. How early were the magistrates elected by lot ? By what abolition was the power of the democracy enormously increased ? 183. Mention some corrupting causes that affected the character of the Athenian people. To what monstrous notion did the doctrine that all men are eligible to offices of state give birth? What was the dcapi- kov ? What injurious practice was introduced? What office fell into contempt ? 184. Who was the author of many of these changes ? What was the effect for a time of his personal influence ? How were rich citi- zens annoyed ? How were the allies ruined ? Who had used the power of influencing the people well? who abused it? 186. Dale the end of the Peloponnesian war. When were the more aristocratic features of the government restored ? Name these features. Did the restoration last? Who introduced an oligarchical form of gov- ernment? When? Describe it. Who deposed the ‘thirty tyrants ?’ 187. When was the democratic constitution re-established ? Was the democracy less or more corrupt after the deposition of the thirty tyrants ? Date the battles of Chteronea and Cranon (or Crannon). i 82 QUESTIONS TO 188. How were the inhabitants of Attica divided ? How were the free citizens divided ? Who according to the law of Solon was entitled to full political rights (jraXtrela) ? How did Pericles modify this law ? When does it seem to have been disregarded ? 189. When did a youth’s legal majority commence? By what ceremonies was its commencement marked ! 190. Explain the term rrcpim\os. When were the higher offices of the state open to him? Who only could exercise full political rights ? Explain CTiVi/ioi, art/ioi. Did Alimia admit of degrees ? 191, 192. What was the constitution with reference to foreigners? By whom and how could the freedom of the city be granted ? Could a decree conferring citizenship be set aside ? From what were the Snyominroi. excluded ? Explain the terms inyoirotriroi, or nWijroi. When was the freedom of the city but seldom bestowed ? Was it ever bestowed more frequently? Who were made citizens after the destruction of Plattea 1 who towards the close of the Peloponnesian war? 193. Explain tAi)Toi ? 208. At the ordinary meetings where did the people in ancient times assemble ? What assemblies were still held on the Pnyx? Who regularly summoned the Assembly? IIow were the people called together on the day of meeting ? 209. What were the du- ties of the Lexiarchs? What did those who attended receive ? Might absentees be punished ? Explain xavoi xai Karo* T 6 o^oiplov tptvyovoi to pepiXroiplvov.^ 210. How was the meeting opened ? Who introduced the subject to be discussed ? If the deliberation of the Senate were not required, how was the matter proceeded with? How was the approbation of the peo- ple expressed? If the matter required debate, who were invited to de- liver their opinions?-- Was this practice always observed? (note 3.) 211. What rules were made to secure and restrain liberty of speech? What was done to those who transgressed these rules ? Who assisted the Proedri in maintaining order? 212. What right does each of the Proedri seem to have possessed ? On what condition might private individuals interfere, even after the proposal had been gone through ? 213. What was the usual manner of voting ? What other mode was sometimes employed? when? When the vote was by \piipa6cs , fyrspai. When did the Areopagites sit, but not the Heliasts ? 258. Describe the court of the Diaetel®. To whom did an appeal lie from the Diaetet®? State their number, age, mode of election. How MANUAL OF GRECIAN ANTIQUITIES. 187 many Dirzteta sat on each cause ? What fees did they receive ? To whom were they responsible ? 259. Explain the Forty. What judges went on circuit ? What causes did they try 1 What two offices did these circuit-judges combine ? 260. By the constitution of Solon, of whom did the court of Areopa- gus consist? Of what did it take cognizance ? Were the judges respon- sible ? Before whom might they be arraigned ? by whom expelled ? What was their court originally besides a StKaarfipior ? 261. By whom and when was the authority of this court greatly circumscribed ? Did it recover its former power and influence in the state ? 262. How many Ephetw were there ? To whom was their organiza- tion principally ascribed ? To what cases did their jurisdiction extend ? Where did they sit to try different causes ? What was the severest pen- alty inflicted by them ? In later times by whom were their functions in a great measure usurped ? 263. Who took charge of the preliminary proceedings and presided at the trial in cases of disputed succession and family quarrels between citizens? Who in similar disputes between piroiKoc and foreigners? At what trials did the /iauiXrij preside? at what the Thesmothetae ? 264. Who only were permitted to plead in person ? Who appeared for (1) slaves, (2) pirotKoi, (3) women and minors ? 265. Was the line between public and private wrongs very strictly drawn? Support your opinion by instances. To bring forward a public complaint, must the complainant be the party injured ? To whom did the fine imposed then go ? Under what circumstances was the public prosecutor punished ? How ? 266. What is the general term for a public prosecution ? Explain !i dirayioyfi, tyfiyrivis. 7 Of what other forms do we read? 267. Mention some trials (1) before the Archon, (2) before the King, (3) before the Polemarch, (4) before the Thesmothetas, (5) before the Eleven, (6) before the Strategi. Explain <5 iVj? dirpoaraaiov, vffpsus. 268. By whom only could private complaints be brought forward ? In all such actions what rule was there ? Explain i-w/JsXia. 269. Give examples of private actions (1) before the Archon, (2) be- fore the Thesmothetae, (3) before the Forty. 270. Explain the terms K^pais or i:p6K\r}aii, 6 Scaj/ccov, b (pevy/jiv, Kbprppe^, irpvTaveZa. When only was recourse had to the anayayn ? What was the accusation in writing called ? 271. In private actions who were required to deposit security? VVhat exception was there? What became of this deposit ? In criminal proceedings was any thing deposited ? Of what other dues'do we read ? 272. Explain dvaKpTai; rrjs diVijs, dvropocria, Siupoaia. What was pre- pared against the day of trial, besides the proofs, &c. ? Explain the dif- ference between paprvpiai and iKpaprvpiai. How were slaves examined ? 7 v ErJ£ifif, a written information laid before the proper magistrate ; it referred to a person’s disqualification for an office he had undertaken, or a right he had exercised; it was also against an absent person: dTraywya against one present, who was carried before the magistrate: t^tjyijvif was when a criminal found in concealment was visited by the magistrate. 188 QUESTIONS TO 273. Explain moipoaia. Explain ciii«u e/ipr/voi. During the ivanpXais in private actions, how might the proceedings be set aside ? or how quashed ? 274. What was the day appointed for the trial called? What if the defendant were absent without reasonable cause? Explain ipfipcv rara- SiKii^uv. What assistance might the parties obtain ? How was the time they were allowed to occupy measured ? Explain \tyc £r r£> ipip liian. When was the Clepsydra stopped? 275. How was the verdict given? If the votes were equal, was it a verdict of acquittal or of condemnation ? Explain ayibi> Tiprjros and aywv drtprjrds : i] TTpainj i pt](])OS, TipavOai and avTLTL - ju dtrOai : fj devrcpa tpijtpos : ripae, Trpoanpav. 276. On whom did the duty of prosecuting in cases of murder de- volve? Describe the formalities observed? What dvarptaii was insti- tuted ? HoW long were these investigations continued ? 277. Where and under whose presidency was the court of the Are- opagites held ? To whom was a solemn oath administered ? How often did the accuser and the accused address the court? What were they forbidden to attempt? After the first pleading, what might the accused do? When did the members of the court vote ? What if the votes were equal ? When did the obligation to prosecute cease ? When might the relations themselves abandon the prosecution ? 278. What if the defendant were li^cpnpeposl To what did a SUn £fjv\ns subject him? What might foreigners be compelled to do? In public actions what did those who were sentenced to a fine become ? and what were they obliged to do ? When and how much was the penalty increased ? What might the state do at last ? 279. What appeals were allowed? From whom was there no appeal ? On what conditions could a decision of the Heliasts be set aside ? Explain dixy ipcvSopaprvpiojv. 280. Of what kinds were punishments? What did the first compre- hend ? 281. Did Atimia in itself render the person infamous ? Explain the three varieties of Atimia. For what purposes was artful sometimes used ? 282. Might Atimia ever be inflicted without the intervention of a judicial sentence ? Explain Steliteusis. How did it differ from Atimia ? 283. When was imprisonment employed ? when confiscation ? To what was confiscation not added. From what must it be distinguished ? 284. When sentence of banishment was pronounced, what was done ? On whom was it inflicted in conjunction with confiscation ? What was the punishment for unpremeditated homicide ? On whom was slavery inflicted ? as a punishment ? 285. Might capital punishment ever be in- flicted by the injured party on the spot ? What was the capital punish- ment for offences against the state? For what was it inflicted ? 286, 287. Account for the eagerness with which men sought the office of judge? Explain the term sycophant.* * Give instances of this wretched administration of the laws in the later times. 9 8 Properly it meant one who informed against an exporter of figs, it being, by an old statute, illegal to export them from Attica. Hence it became a general term for a vexatious informer, one who traded for his own profit in accusing public characters, &c. * By Hermocopidoe is meant the persons, who mutilated the Hermae _ i. e. the statues of Hermes (Mercury) in the streets of Athens. MANUAL OF GRECIAN ANTIQUITIES. 189 288. Who was the chief deity? What other deities did the Atheni- ans worship? Mention some of the national heroes. 289. How were the expenses of religious worship defrayed ? Give the general character of the Athenian temples. Explain IpK os or rrqoi/JoAoj, /Jiopos, 0 - 17 * 0 '?, iiyaXy.a, u6vro v, pcyapov , dvaKTOpov , dvadq/jara, avvXa. 290. Name the more important festivals. Describe the Panathenata. What was the chief solemnity at the great Panathenaea ? What part in the Panathencea belonged to the Metceci ? What was the prize ? Ex- plain Xap^aXriipopia. How many Dionysia were there ? Give the names of each, and the time of its celebration. When were theatrical repre- sentations given ? Under whose superintendence were the Lencea ? Who conducted the great Dionysia ? 291. In whose honour were the Thesmophoria held? When and how often ? In whose honour were the Eleusinia held ? What purpose did the lesser serve ? When and where were they held ? When, how often, and how long were the greater Eleusinia held ? Explain yvcTadai, inOTTrai, lepotpavTui, iatydfiv. 292. Mention some priesthoods that were confined to certain sacer- dotal families ? What was it requisite that all priests should be ? How were these particulars ascertained ? How were they generally elected ? Was the time of their continuance in office invariable? What did their duties consist in? To whom did they account for the Temple-revenues ? 293. What did the priests themselves receive ? Did they bear the usual burdens in common with their fellow-citizens? With what religious solemnities was the king intrusted? With what the Archon ? Name some other officers employed in matters relating to public worship. 294. Did the general belief in the national deities remain unim- paired? To what was religious worship finally degraded ? What tem- poral advantage did the poor derive from it ? 295. By the constitution of Solon, what classes were required to serve as soldiers? How were these classes selected? How did the Thetes serve ? What duties did the Metceci perform ? Were slaves ever em- ployed in war ? In later times how do we often find the Thetes and the Metceci serving? 296. What service belonged to citizens from their eighteenth to their twentieth year? What was the regular period of service? Was the maximum age invariable I On what was the levy founded? How were the soldiers distributed? When did the soldiers first receive pay ? Was it a fixed pay? What was the usual pay of common soldiers ? 297. what of officers? what of cavalry? what of the commander-in-chief? Did the soldiers forage for themselves? When did the state supply all sorts of provisions? What arrangement was generally made with respect to the pay of the army ? 298. Explain the term Hoplites, and their xaeonXta. What were the light-armed called? Who first organized the s-Aravrnt ? What were their arms ? When did Athens begin to maintain a standing army ? How large was it at first? What increase did it afterwards receive ? Explain the term Karduram t. What mercenary light troops were em- ployed in the Peloponnesian war ? At a later period were mercenary troops commonly employed ? 299. How many Strategi were there ? how elected ? What qualifi- cation must the Strategi possess? Did all or some take the field ? If the command was divided, describe how. Were armies ever commanded 190 QUESTIONS TO by leaders who were not Strategi ? 300. What duties belonged to the Strategi besides the command of the forces? In what cases had they jurisdiction? Was the office highly esteemed ? Name some celebrated Strategi. 301. How many were the Taxiarchs? how chosen ? What was the office of the Taxiarchs ? Who commanded the smaller divisions of the army? Who commanded the Peripoli? Who the cavalry? What was the number of the Hipparchs and Phylarchs ? What their duties in time of peace? 302. When did the Greeks learn to conduct their campaigns on a larger scale? When were military engines first employed ? When did the art of attacking fortified places make the most rapid advances ? Un- der whom did it obtain its highest degree of perfection ? 303 . Mention some of the engines used. What was done for the wounded? What honours did those receive who died in their country’s cause ? How were cowards punished ? 304. Who laid the foundation of an Athenian fleet? What arrange- ment did he suggest? Who augmented the fleet? Of how many ships did it consist at the battle of Salamis? What number did it afterwards reach ? Describe and give the name of their ships of war. What was the usual number of the crew? What their distribution through the vessel? Who were the iKiParail 305. Explain arpaTuoTides, boXirayatyot. When did they begin to employ larger ships? Explain rptaiaSi/Topoi, neitrrjtdi'Toputj bXtca6es, slXtires, n\oia. From what classes were the rowers generally taken? 306. To whom did the legislation in naval affairs belong] What body managed them in ordinary cases? In whom was the chief com- mand vested ? What was the admiral’s ship called ? Who superintended the equipment of the fleet ? By whom was each trireme commanded ? What did he receive from the state in the earlier times ? what in the later? 307. Explain the terms recopia, wmtomi, crietvodfjKai. To whom was the superintendence of the stores committed? Describe the number, election, &.c., of these storekeepers, and their duties. What was the most formidable weapon in naval engagements ? What the principal manoeuvres ? 308. What was a very considerable item of public expenditure ? Was any part of these expenses defrayed by private contributions? What was another great expense ? What were the Delian and the Paralian Triremes ? What did their crews receive ? Did the state pay the whole or any part of this? 309. Did the troops receive pay, arms, clothing ( all or any of these) from the state ? When did they first receive pay ? Mention some heavy item of the military expenses. What proposition did Themistocles make with reference to the fleet ? To whom was the duty of seeing that some triremes were built every year committed ? 310. Did the building and keeping in repair the public works cost the state much? Did the state pay for the police ? Give its name and numbers. Mention some other public expenses. What were the usual public rewards? (note 9.) 311. From what time was the payment of public officers common? Explain the following payments, giving the amount of each : to ckkXtioi- botlk6v or pioddf i/txXijutatrri/tds, to 0ov\cvtu<6v, to 6iko.otik.6v. What rule MANUAL OF GRECIAN ANTIQUITIES. 191 was made to prevent abuses ? 312. Did the magistrates receive pay? Mention some public functionaries who received remuneration. Explain cirrivis cv npvTai'SLa ), dciairoi, iyodiov, nopetov. 313. Who were the Qtarpcdvai or fha.Tponti\oL ? Explain to OsiopiKdi/, To what was the dcupixdv afterwards raised? Was the payment of it restricted to the poorest classes? How was it supported? Who at last applied this fund to its original use ? 314. Did any impotent persons receive pay ? To whom was the distribution of these pensions intrusted ? In times of scarcity what did the government do ? 315. At what is the public revenue reckoned by Aristophanes? To what did the tribute paid by the allies amount ? When was the state exchequer emptied ? From what sources was the ordinary income derived ? from what the extraordinary ? 316. Explain the following sources of the ordinary income : (1) public property, (2) taxes or contributions, (3) duties. Explain to peroUiov. TTEVTY]KOOTY] 317. TcXdivai, TsXiui/apxac or ap^wrai. What punishment was inflicted on public defaulters ? If they continued, in debt to the state, how was the punishment increased ? From what enactment were they specially excepted? 318. What revenue was derived from the courts of justice ? What fine was exacted from those who failed to obtain the votes of a fifth part of the judges ? 319. When was the common treasury transferred to Athens? At what sum did Aristides fix the tribute-money of the allies? What change with respect to this tribute-money was made after the Peloponne- sian war? To what did it amount at a later period ? 320. Was this revenue ever recovered? To whom was the custody of this treasure originally intrusted ? On what was it then expended ? After the anarchy, who obtained nearly the whole financial administration? 321. Explain AuTovpyicu. What were the ordinary services or Litur- gies called ? To what had all the ordinary liturgies reference, and how were they exacted? 322. Explain the following Liturgies: xopriyia, yvprouTiapxia, dp^iS^wpia. When were theatrical representations given? Explain x°P 6v uireTv, and what the granting of the request implied. Of what liturgy was the Lampadarchy a branch ? Explain the term *E ariaais. 323. What were the extraordinary sources of revenue ? Explain ImSdaets, iicv subdivided ? MANUAL OP GRECIAN ANT.IQU1 1 [ES. 193 How many feet did the Spyvia contain ? How many the n-Xedpov ? How many superficial square feet did the nXWpov contain l How many Roman feet did the araSioti contain ? When did the stadion begin to be generally used as a measure of length for the greater distances 1 339. What part of a peSipfos was perprirris. What part of a Metretes was a ^oSj ( congius ) 1 What part of a Chus was a ^itrrns ( sextarius ) ? What part of a Xestes was a KoruXn ( hemina ) l What part of a Cotyle was a Tiraprov l • * What part of a Tetarton was an u^ipapov ? What part of a Oxybaphon was a KvctSns ? 340. What was the principal measure for dry goods? What part of a Medimnus was a Urevs.'! What part of a Hekteus was a bpienrov ? What part of a Hemiekton was a ;yy6s ? When did instruction in grammar begin? Explain ypappara ditiaaKuv. For these exercises what authors were generally used ? 347. When were the boys sent to a Citharistes? What did they learn of him ? What did they learn in the Gymnasia ? Who superin- tended education ? Who were the aw^porwTai ? Were slaves allowed to take part in the exercises of the Gymnasia ? 348. How long did their instruction in music and grammar last? Where were the two last of these years chiefly spent ? How were the youths employed when they had passed through the Gymnasia ? As the circle of education became wider, what did many learn in the gymnastic school? By what was .Music followed? Were the terms of celebrated Sophists and Rhetoricians moderate or not ? 349. What promoted the advance of education? Who awakened a taste for the fine arts? By what was it developed? For what were the Athenians distinguished? Into what did their inquisitiveness and love of discussion often degen- erate ? 350. How was the education of girls conducted ? At what, did it aim ? What kind of life did girls lead ? Did they ever visit the thea- tres ? Did they generally marry early ? What was it considered unbe- coming for them to trouble thetnselves about ? To whose inspection were they subject? Was this an ancient office? Was the free intercourse between the sexes, enjoyed in our days, known to the Athenians ? 351. What entertainments of a public character have been already mentioned? Explain Spa roi, avpfloMi. What were the usual daily meals? When did luxury extend itself to the table? 352. Mention some attempts to restrain extravagance and luxury by legislative enact- THIRD DECADE. (i.) Reckoned forwards (rare). 21 tt pwrrj 22 Sevrepa 23 TplTl i 24 Teraprr) 25 Trepnrp 26 'SAru and reXcioi. What was a iippa tc\ciov required to do ? 370. On whom was the honour of victory conferred? Of what did the musical games consist originally , What exhibitions were afterwards introduced ? Distinguish spiral from 0pa/3evral. 371. To which games were musical contests principally confined? Of what did the solemnities connected with these sports principally con- sist ? Explain Qecopot, lepopisat, ’OXvpTnoviKai, UvOiopiicai. 372. What was the Olympic crown of victory ? what the Pythian ? the Nemean ? the Isth- mian ? How were the victors honoured ? What national honours did they receive ? What was a part of their reward in Athens ? What honour had they in Sparta? Explain bavUia. 373. Were the modes of reckoning time, weights, measures, and coin- age the same throughout Greece ? How was the year generally named ? how at Athens ? how at Sparta ? What general system of chronological reckoning was finally adopted? 374. Plow does Thucydides sometimes indicate the dates of events? Who seems to have been the first who regularly employed the Olympic list as a chronicle ? when ? Who is the oldest extant historian, whose writings contain such an arrangement of events ? In what affairs was the reckoning by Olympiads not used ? 375. When were the Olympic games held? What was nearly the beginning of the Olympic year ? How do you find the year of the Chris- tian era which corresponds to a given Olympic year 376 (A) for an evenl MANUAL OF GRECIAN ANTIQUITIES. 197 that happened between July 1 and January 1 ? 377. (B) How for an event that happened between January 1 and July 1 ? 378, 379. What individuals or families were considered able to inter- pret the will of the gods ? Mention some places, which were supposed to be favoured by the immediate presence of the divinity 1 Describe the oracle of Dodona, its priests, responses, &c. 380. What was the most renowned oracle of Greece? From what did it derive its name? To what did it principally owe its celebrity? 381. How did it acquire great wealth? Under whose protection was it? Why was the oracle of Delphi called op jj ? 382. By whom was the highest degree of respect paid to this oracle ? Why did the Lacedaemonians never undertake any affair of importance without apply- ing to this oracle ? Had it any influence at Athens ? 383. Account for the gradual decline of the Delphic oracle ? Explain the phrase n«0['a 6poi originally fixed by Aristides? Where were they kept? Ex- plain cWrivoraixiat. By what voluntary proposal of the allied states was the power of Athens greatly increased ? When was the treasury removed from Delos to Athens ? When was the tribute increased ? 404. From what did the Peloponnesian war arise ? In what years did it begin and end 1 How was Athens again enabled to raise herself to power ? Did the peace of Antalcidas effect any essential change in the power of Athens? 405. Did the new-born justice and mildness of Athens last long ? Date the war of the confederate states. What state for a time claimed hegemonical authority ? When did Philip of Mace- don assume the Hegemonia ? What power at last swallowed up both the contending parties ? 406. To what may the establishment of Grecian colonies be traced back ? Who is said to have led colonies from Bceotia to Lesbos, Tenedos, &c. ? How did it happen that the Ionians had sought refuge in Attica ? 407. Under whom and where did they found colonies? What islands did they colonize? Explain Yiavidvia. By which of these colonies especially were minor colonies founded ? Where ? What Dorian colo- nies were formed ? What were their parent states? Where did they settle ? In what Temple did their league assemble ? 408. By whom was Magna Greecia colonized at an early period ? What was the most ancient Eubcean colony in Italy ? Mention some Eubosan colonies in Gi eece. By what states or cities were Syracuse, Gela, Agrigentum, Corcyra, Byzantium, Massilia, Cyrene, respectively bunded ? 409. What caused the establishment of most of the Grecian colonies ? liVas colonization in the Grecian states a government measure ? If so, lur what end ? 410. Describe the mode of sending out colonies. Describe their rela- tion to the mother country. Explain dewpicu. Mention an instance of the filial regard of even independent colonies for their mother- state. 411. What form of constitution was generally prevalent in the period of active colonization ? What spirit was soon awakened ? By what causes ? 412. What struggles ensued ? Where and by ichom were MANUAL OP GRECIAN ANTIQUITIES. 199 wholesome laws passed ? Where did the doctrines of Pythagoras occa- sion political revolutions? What was their nature ? what their dura- tion ? 413. Distinguish between colonization and xXi/pov^fa i. If the con- quered inhabitants were not expelled, to what kinds of treatment were they subjected ? THE END. A MANUAL OF ROMAN ANTIQUITIES, WITH A SHORT HISTORY OF ROMAN LITERATURE, BY DR. E. F. BOJESEN, PROFESSOR OF THE GREEK LANGUAGE AND LITERATURE LN THE UNIVERSITY OF SORO. TRANSLATED FROM THE GERMAN. HTriteT? (with occasional notes, and a complete series of questions) BY THE REV. THOMAS KERCHEVER ARNOLD, M.A., HECTOR OF LYNDON, AND LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE. REVISED, WITH ADDITIONS AND CORRECTIONS. FOURTH EDITION. NEW- YORK : D. APPLETON & CO., 346 & 348 BROADWAY. M.DCCC.LIV. Entered, according to Act of Congress, in the year 18*18, By D. APPLETON & CO., In the Clerk’s Office of the District Court for the Southern District of New- York. ADVERTISEMENT. A high chai’acter of the present volume, extracted from a review of it by Dr. Osenbruggen, will be found in the preface to the “Manual of Grecian Antiquities.” For the translation of both volumes I have to thank the Rev. R. B. Paul, late Fellow of Exeter College, Ox- ford ; the author of a more extensive work than Dr. Bojesen’s, upon “Grecian Antiquities,” and of a “His- tory of Germany, on the plan of Mrs. Markham s Histories.” T. Iv. A. Lyndon, January 25, 1848. It will be sufficient here to state that the same course has been pursued with the present Manual which was adopted with regard to the “ Manual of Grecian Antiquities.” Its value will be found fully equal to the high opinions which have been expressed concerning it. J. A. S. New-York, May, 1848. 11 . 1 1 " CONTENTS INTRODUCTION. FA02 §1. Roman Antiquities. — Sources of Information ... 13 2. Relation of the subject to Political History ... 14 EXTENT OF THE ROMAN EMPIRE.— TOPOGRAPHY OF ROME. §1. Extent of the Roman Empire 14 2. Topography of Rome 15 3. The subject continued ib. HISTORY OF THE ROMAN CONSTITUTION. §1. The Origin of Rome 16 2. Period of the Kings 18 3. From the beginning of the Republic to the Decemviri . . 19 4. From the Decemviri to the passing of the Licinian Law . 21 From the passing of the Licinian Law to the Gracchi . . 22 6. From the Gracchi to the Social war .... 24 7. From the Social war to the extinction of the Republic . . 26 INHABITANTS OF THE ROMAN EMPIRE. §1. Classification 27 A. OF THE CIVES AND CIVITAS. §2. Nature of the Rights of Citizenship .... 28 3. Same subject continued ...... ib. CONTENTS. Vl FAGS §4. Extent and increase of the Civic Community . . 29 5. Mode in which the rights of citizenship were acquired and lost ......... 30 6. Various classes of citizens ib. 7. The ancient Tribus and Curia; 31 8. Patroni and Clientes ...... ib. 9. Patricii and Plebeii 32 10. Classes and Centuri® ...... 33 11. The later Tribus 34 12. Ordines 35 a. Ordo Senatorius ........ ib. b. Ordo Equester ........ 36 13. Nobiles and Ignobiles ....... 38 14. Inhabitants of the Colonise Civium, Municipia, and Pre- fecture ......... 39 ra. Coloni ......... ib. b. Municipes ......... 40 c. Incola: Praefecturarum 41 15. Ingenui and Libertini ....... ib. B. OF THE PEREGRINI. §16. Socii and Provinciales 41 17. Latini 42 C. OF THE SERVI. §18. Condition of the Slaves 44 19. Emancipated Slaves ...... 45 POLITICAL POWER. §1. Division of Political Power 45 A. FOPULUS. §2. Comitia 46 3. General regulations of the Comitia .... 47 4. Comitia curiata ........ 48 5. Comitia centuriata ....... ib. 6. Proceedings at the Comitia centuriata .... 49 7. Regulations common to the Comitia curiata and cen- turiata ....... 4 . „ 50 8. Comitia tributa ....... ib. CONTI NTS. Vii B. SENATUS. TAGS § 9. Province of the Senate ...... 51 10. Mode of proceeding in the Senate .... 52 C. MAGISTRATUS. §11. History of the Magistracy 53 12. Magistracy of the Republic — its character and position 55 13. The subject continued ....... 57 14. Of the authority of Magistrates, and its limits . . 58 15. Consuls, Decemviri, Military Tribunes with consular authority 60 16. Praetors 61 17. Censors ......... 63 18. Curule and Plebeian iEdiles 65 19. Quaestors ......... 66 20. Tribunes of the People 67 21. Inferior Officers . ... i ... 68 22. Extraordinary Magistrates, Dictator, Interrex, Prsefectus urbi 69 23. Inferior Officers 70 24. Commissioners appointed for special purposes . . 71 ADMINISTRATION OF THE STATE. A. THE LAWS AND THEIR ADMINISTRATION. §1. Classification of the Laws . . . . . . 71 2. Origin of the Legal Codes ..... 72 3. Same subject continued — Under the Emperors . . 73 4. Judicia Publica and Privata ib. 5. Magistrates ........ 74 6. Judices ......... 75 7. Counsel — Advocati . . . . . . . • 76 S. Jurists ......... ib. PRIVATE RIGHTS. § 9. Qualification 77 10. Classification of Private Rights — Rights of Things . ib. 11. Rights of Obligation. Obligation by Contract , 78 12. Obligation by Delictum 80 13. Family Rights — Marriage ...... ib. Vlll CONTENTS. pag a §14. Same subject continued 81 15. The Parental authority. Adoption. Arrogation . 82 16. Agnatio, Cognatio, Affinitas 83 17. Gentilitas . ib. 18. Guardianship ........ ib. 19. The ancient Right of Inheritance .... 84 20. The Praetorian Law of Inheritance .... 85 JUDICIA PRIVATA. §21. Legis Actiones ..... 22. Formulae Actionum 23. Subject continued. Proceedings in Jure 24. Proceedings in Judicio 25. The Interdicta of the Praetor JUDICIA FUBLICA. §26. Criminal Proceedings 27. Form of Criminal Proceedings 28. Crimes 29. Punishments ..... 30. Intercourse with foreign nations — Ambassadors 31. Declaration of War, and War B. FINANCE. §1. Public Expenditure 96 2. Resources of the State in the most ancient times . ib. 3. Taxes paid by Roman Citizens . . . . . 97 4. Extraordinary Revenue derived from Wars and Con- quests ......... ib. 5. Standing Revenue from Conquered Countries . . 98 6. Farming of the Revenue. Publicani . . . : 99 7. Abolition of the Taxes and Contributions of Roman Citizens ........ ib. 8. Administration of the Finances .... 100 9. The Finances under the Emperors .... ib. C. ADMINISTRATION OF AFFAIRS BEYOND THE WALLS OF THE CITY. §1. Administration in Italy 101 2. The subject continued. — Administration subsequent to the lex Julia 90 91 93 94 ib. 95 86 87 88 89 90 102 CONTENTS. IX PAGE §3. Administration of the Provinces . . . 102 4. The Governor and his Subordinate Officers . . 103 5. The subject continued ..... 104 6. Constitution and Condition of the Provinces . . ib. 7. Administration of the Laws ..... 105 8. The more favoured Provincial Cities . . . . 106 9. The Provinces under the Emperors ... ib. D. MILITARY AFFAIRS. §1. Military affairs under the Kings ..... 107 2. Military affairs at a later period — Conscription — Term of Service ib. 3. The subject continued ...... 108 4. Pay of the Soldiers . . . . . . . 109 5. Divisions and Arms of the Troops .... 110 G. Officers ib. 7. Tiie Allies Ill 8. The Army on the March 112 9. Encampments ib. 10. Battles ......... 113 11. Attack and Defence of Fortified Places . . . 114 12. Military Rewards and Punishments . . . . 115 13. Thanksgivings — Triumphs — Memorials of Victory . 116 14. Military Affairs under the Emperors . . . . 117 15. The Navy 118 E. RELIGION. §1. Characteristics of the Roman Religion 2. Relation of Religion to the State 3. Religious Sentiments of the Romans 4. History of Religion THE GODS. §5. Dii Consentes 121 6. The Dii Selecti ....... 122 7. Other beings to whom divine honours were paid . . 123 8. Authority of the Senate in religious affairs . . 125 9. Colleges of Priests. Pontifices ib. 10. Triumviri (afterwards Septemviri) Epulones . , 126 11. Tire Augurs . ...... ib. 119 ib. 120 ib. X CONTENTS, PAGE §12. Priests for the Sibylline Books .... 127 „ 13. Fetiales ......... 128 14. Haruspices ........ 129 15. Rex Sacrificulus, Flamines, Curiones .... ib. 16. Communities of Priests for the service of particular deities — the Vestals 130 17. Salii, Luperci, Fratres Arvales, Sodales, Titii, Galli . 131 18. Election of Priests ....... 132 19. Priests’ Servants ib. WORSHIP. §20. Worship in general ....... 132 21. Prayers and Vows ....... 133 22. Sacrifices ......... 134 23. Ploly Seasons and Festivals ib. 24. Games ......... 135 25. Holy Places and Furniture 137 26. Division of Time 138 CIVIL AND PRIVATE LIFE. §1. Private and Domestic Life. — Education . . . 141 2. Names 142 3. Sources of Income ....... ib. 4. Coinage 143 5. Measures ......... 145 6. Employment of Slaves ib. 7. Employments — Games ...... 146 8. Buildings and Baths 148 9. Dress 150 10. Meals ......... 152 11. Funerals 153 HISTORY OF ROMAN LITERATURE. INTRODUCTION. §1. Development of Roman Literature .... 155 2. The Latin Language ...... 156 HISTORY OF ROMAN LITERATURE. §3. First period — from the Building of Rome to the year b . a. 210 157 CONTENTS. XI PAGB § 4. Second period — from the year b. c. 240, to the time of Cicero ......... 158 5. The subject continued 159 6. Poets 160 7. Prose Writers 1G1 8. Third period. — From the time of Cicero to the death of Augustus 162 9. The subject continued 163 10. Poets 164 11. Prose Writers 166 12. Fourth Period — from the death of Augustus to the Anto- nines ........ 169 13. Poets ib. 14. Prose Writers 170 15. Fifth period— from the Antonines to the Fall of the Western Empire, a. d. 476 .... 172 16. Sixth period 173 APPENDIX. §17. The Alphabet, Writing Materials, Books, Libraries . 175 18. Inscriptions 176 19. Codices 177 Vlt'ESTIONS 179 MANUAL OF HOMAN ANTIQUITIES. INTRODUCTION. § 1 . Roman Antiquities. — Sources of Information. 1. By the term “Roman Antiquities,” we under- stand such a representation of the public and private life of the ancient Romans as may be collected from the ancient authors, especially the historians, orators, and grammarians, or from insci’iptions, 1 coins, and other remains of antiquity. These authorities, how- ever, must be used with caution ; for the descriptions of a remote period which we find in historians, often receive a colouring from the notions of more modern days, whilst their judgment of times nearer to those in which they wrote is seldom impartial. 2. The Greek historians 2 have also here and there misunderstood Roman peculiarities, and the orators, viewing only one side of a question, or hurried away by the torrent of their declamation, have all more or less failed to give 1 Pelasgian inscriptions, written in a character clearly distinguisha- ble from the Etruscan, have been discovered very recently at Agylla or Caere. And the study and comparison of the several Indo-Germanic languages is making such progress, that if any fortunate discovery comes in to the aid of it, we may hope to see the mysteiy of the Etruscan in-, scriptions at length unravelled. — Dr. Arnold. 2 The Grecian writers from whose works the most important infor mation may be derived respecting Roman antiquities, are, Polybius, Dio dorus Siculus, Dionysius Halicamassensis, Plutarch, Appian, Dio Cassius, and the epitomizer Zonaras. 14 MANUAL OF ROMAN ANTIQUITIES. us a candid and accurate description of events. Last ly, the remaining sources of information are often cor rupted or falsified by the forgeries of modern times. Much critical circumspection is therefore necessary, if we desire to compile such an account as may safely be relied on. § 2. Relation of the subject to Political History. 3. The public and private life of Rome being necessarily presented to us in its historical develop- ment, there will of course be an intimate connexion between the science which we name Archaeology and political history. It must, however, be remembered that the real objects of its research are the peculiarities of public and domestic life, external events and remark- able personages being touched on only in so far as they are connected with those peculiarities. EXTENT OF THE ROMAN EMPIRE —TOPOGRAPHY OF ROME § 1. Extent of the Roman Empire 4. The empire of Rome was at first limited to the city and its immediate environs, but gradually extended itself, until (in the year b. c. 266) the whole of Italy was subject to its power ; and those great wars began, which extended the dominion of the Romans over such portions of the three quarters of the globe, as border on the Mediterranean sea ; so that at the dissolution of the republic, their empire was bounded on the north by the Danube and the Rhine, on the south by the deserts of Africa, on the west by the Atlantic, and on the east by the river Euphrates. Under the emperors the limits were still further enlarged. In this widely extended empire all the administrative authority was derived from Rome ; and in the time of the republic, the actual participation of Roman citizens in the affairs of government, was dependent on residence in the cap- TOPOGRAPHY OF ROME. 15 ital, to which all of them were supposed to have origin- ally belonged. § 2. Topography of Rome. 5 . Rome lay on the banks of the Tiber, 16,000 passus from the sea. It was founded on the Palatine hill, but even in the time of the kings, the hills nearest to the Palatine were taken in. Servius Tullius is said to have surrounded all the seven with a wall. The names of these hills were the Palatinus, Capitolinus, Caslius, Aventinus, Esquilinus, Viminalis, and Qui- rinalis. The emperor Aurelian fortified the city anew, including within the walls the collis hortulorum, and the Janiculum and mons Vaticanus on the other side of the river. The pornaerium, or open space within and without the walls which marked the sacred bound- aries of the city, was enlarged by Servius Tullius, at a later period by Sulla, and frequently afterwards by the Emperors. Servius Tullius divided the city into four sections (tribus), viz. : Palatina, Suburrana, Col- lina, and Esquilina. This number was afterwards increased by Augustus to fourteen, which were styled regiones. 6. Originally the city was simple, and even when it was rebuilt, after being laid in ashes by the Gauls, there was very little attempt at decoration. At a later period, however, when the citizens had become richer, and an acquaintance with Grecian taste and the plundering of foreign works of art had excited a passion for the beautiful, attention began to be paid to embellishment. In the time of Augustus many impor- tant buildings were erected ; and after the conflagra- tion in the reign of Nero (a. d. 64), the city was restored on a scale of great magnificence. Many years later, during the time of the northern invasion, it was so completely laid waste, that little is now visi- ble beyond the ruins of its former grandeur. § 3. The subject continued. 7. Among the most remarkable objects may be mentioned the portae , (e. g. the Capena, Collina, Tri • 16 MANUAL OF ROMAN ANTIQUITIES. umphalis ) ; the pontes ( Sublicius , Mulvius) ; the vice (e. g. the via sacra, via triumphalis, via Appia, con- structed by Appius Claudius Caecus, b. c. 312, from Rome to Capua, and afterwards continued to Brun- dusium ; on this road the distances were marked by stones, lap ides, which stood at intervals of 1000 pas- sus : and the via Flaminia over the pons Mulvius, leading to Etruria) ; the fora (e. g. the forum Roma- num between the Capitoline and Palatine hills) ; the campi (as the Campus Martins, outside the city, on the banks of the Tiber, which originally belonged to the Tarquins, but was afterwards used for public as- semblies and gymnastic exercises ; the temple (e. g. Jovis Feretrii, Statoris, Capitolini ; Vestce ; cedes Concordice, templum Apollonis Palatini, Pantheon) ; the theatra (e. g. that of Pompey, which was the first theatre built of stone ; and that of Marcellus ) ; the amphitheatra (as that of Vespasian or the Colosseum ) ; the circi (as the circus Maximus, the circus Flami- nius) ; the curiae (e. g. the Flostilia in the forum) ; the porticus, basilicce, thermae, aquceductus or aquae, cloa- cae , arcus, columnae, &c. Of these edifices there still remain some ruins and fragments, for instance, of the Colosseum or amphitheatre of Vespasian, of Hadrian’s Mausoleum, the columna rostrata, Trajan’s pillar, baths, fragments of the Appian Way, &c. HISTORY OF THE ROMAN CONSTITUTION. § 1. The Origin of Rome. 8. Italy, at the period when Rome was founded, was inhabited by a variety of races. Between the right bank of the Tiber and the Rhaetian Alps dwelt the Etrurians, who at a very early period were a civil- ized and powerful nation. Between the left bank and the Mare Superum, were the Umbri, and lower down some Sabine tribes ; south of the Tiber were the Osci, and at the lowest extremity of Italy, several Grecian HISTORY OF THE ROMAN CONSTITUTION. 17 colonies. One of the clans (the Latini) settled on the Tiber, and formed a confederation of several petty states. 3 From this Latin nation sprang, according to ancient historians, the city of Rome, which was found- ed, as the legend relates, by Romulus on the Palatine hill about the year b. c. 752, 4 or 753.® 9. The remote history of the city is very obscure, the notices of the old writers being either fabulous, or worthy of little credit for other reasons, and frequently mere pictures copied from the events of more recent times.® Thus much, however, may be collected, that the Roman state was limited in the beginning to the city and its immediate neighbourhood ; that originally, so far from maintaining a close relation with the surrounding tribes, it occupied an independent and often hostile position, and that it rapidly acquired internal strength by means of a settled form of government, borrowed in part from the Etrurian and other neighbouring states, and an increased population through immigrations and conquests. 10. At an early period we find the Roman people divided into three tribes ( tribus ) Ramnes oi 5 Niebhur supposes it to have consisted of the Osci, Sacrani, Casci or Prisci, who had overthrown the Pelasgian tribes on the banks of the Tiber. * iEra Catoniana. 5 6 .Era Varroniana. 6 The only manner in which we can derive any historical results from national legends, if they have any historical basis (as they have in almost all cases), is to receive them just as they are handed down to us ; not alter- ing or modifying them in any way, but looking steadily at what they state as facts, as well as what they teach us by implication. It may, indeed, happen that not one of the.facts stated is of any historical value ; but we frequently catch a glimpse of the state of things in regard to the political, social, and religious life of the times to which the traditions refer, and this is preeminently the case in early Roman history. It is, indeed, impossible either to assert or to deny whether Romulus and Remus are historical personages or not ; whether Romulus actually did build Rome, or whether he really was the founder of the institutions ascribed to him ; but with regard to the questions as to what Rome was before the dawn of her historical period, how she grew out of her cradle, and what her polite and social institutions were, a great deal of information may be gleaned from the traditions. Great assistance may also be derived from the institutions of later times; for their principles remained, on the whole, the same, and the changes they experienced were only the results of a natural progress and development. — Schmitz. 18 MANUAL OF ROMAN ANTIQUITIES. Ramnenses, Tides and Luceres. The origin of these tribes was no doubt different, nor do they seem to have been in the first place united ; the last of them espe- J cially appears to have joined the other two at a later j period. From this stock sprang in all probability the | first inhabitants of Rome, with full political rights ( patricii ), and in close connexion with them were a number of citizens who had been subjugated in ancient times (clientes). 11 . On the other hand we find a j 1 , crowd of inferior citizens arising from, and gradually '] increased by, immigrations and conquests (plebeii). These citizens were excluded from the Senate and from offices of state, had no voice at the public assem- blies, and could not even contract valid marriages with the families of Patricians. This abrupt separa- ' tion of the two estates, one of which was entirely ex- j eluded from political power, will be more intelligible, if we regard the original relation of the Patricians to the Plebeians as that which the conqueror bears to the conquered, or established citizens to foreign settlers, than if, with the ancient writers, we suppose the class , of Patricians to have originated in a mere capricious election. § 2. Period of the Kings. 12. Rome at the beginning was governed by Kings, chosen for life, but with limited powers. They were the highest executive and judicial authority, were in- trusted with the command of the army in war, and conducted part of the public worship, 7 but shared their power with the Senate or chosen representatives of the Patrician order (Senattis), and the General Assem- bly of the people ( Comida curiata). The history of these kings, as it has been handed down to us by Roman authors, contains, amicist all its obscurity and poetical embellishments, many actual facts, and exhibits the existence, at an early period, of that peculiar char- 7 “ The King . . . was the priest who offered sacrifices for the nation.*' (Niebuhr.) HISTORY OF THE ROMAN CONSTITUTION. 19 acter, which was alwa3’s borne by the Roman people. 8 13. Thus we already discover a talent for military com- mand, and an eager desire of aggrandizement through the annihilation of conquered nations, or their incor- poration, as tributaries, into the Roman empire, or through the establishment of colonies (Romulus, Tul- lus Hostilius, Ancus, the Tarquins, Servius Tullius, the military division of the people), a disposition to settle the mutual relations of citizens by laws and established regulations (Romulus, Servius Tullius), respect for property, and political regard to a pecu- niary qualification (Servius Tullius) ; reverence for religion, and a recognition of its influence in the estab- lishment of civil order (Numa Pompilius, Ancus Mar- tius ; a taste for handsome and durable public buildings, in anticipation, as it were, of the future greatness of their city (the Tarquins). 14. The most important of all their political changes under the Kings, was the division by Servius Tullius of the citizens, according to their property, into classes and centuries ( Comitia centuriata), by means of which the first step was taken towards filling up the gulf between the two orders of Roman citizens, and some political considera- tion given to the Plebeians in a constitution, which provided that the burdens of war and taxation should be shared amongst the wealthier citizens, but accorded to them at the same time the chief influence in all affairs of government. , § 3. From the beginning of the Republic to the Decemviri. 15. s In the year b. c. 509, the monarchy was ex- 8 Cf. Arnold’s Hist, of Home, Appleton’s Am. Edit. vol. i. pp. 38-74 ; Schmitz, pp. 31-80. % 9 We are told that within ten years of the first institution of the Con- suls, the burghers found it necessary to create a single magistrate with powers still more absolute, who was to exercise the full sovereignty of a king, and even without that single check to which the kings of Rome had been subjected. The Master of the people, that is, of the burghers, or, as he was otherwise called, the Dictator, was appointed, it is true, for six 20 MANUAL OF ROMAN ANTIQUITIES. changed for a republican constitution under the two Consuls, chosen yearly. This transfer of the limited kingly power to the Consuls, can hardly be considered a total change in the form of the constitution. It was, however, only natural that the Senate as a permanent body (whereas the Consuls were perpetually changed), and the Comitia centuriata, which now became annual Assemblies for the election of the Consuls, should gradually become more and more influential. The sharp distinction of ranks still continued. The people, excluded from the enjoyment of the ager public us (i. e. of the lands obtained by conquest, which might be granted by the state to individuals in return for a cer- tain payment), and forced to content itself with insig- nificant allotments, became more and more indebted to the rich Patricians. 16 . The burden, however, at last became too heavy for the Plebeians, whose number was steadily increasing, whilst the exclusive class of Patricians gradually diminished ; and we find them engaged in contests with the Patricians, through which, in after years, amidst their continual wars with neigh- bouring nations, the constitution of Rome was gradu- ally developed. The most important step towards months only; and therefore liable, like the Consuls, to be arraigned after the expiration of his office, for any acts of tyranny which he might have committed during its continuance. But whilst he retained his office he was as absolute within the walls of the city, as the Consuls were without them ; neither commoners nor burghers had any right to appeal from his sentence, although the latter had enjoyed this protection in the times of the monarchy. This last circumstance seems to prove that the original appointment of the Dictator was a measure of precaution against a party among the burghers themselves, rather than against the commons ; and gives a probability to that tradition which Livy slighted, namely, that the Consuls, who were for the first time superseded by “ the Master of the burghers,” were inclined to favour the return of the exiled king. It is not likely that they were the only Romans so disposed : and if a strong minority amongst the burghers themselves, and probably a large portion of the commons, were known to favour the restoration of the old govern- ment, it is very intelligible that the majority of the burghers should have resolved to strengthen the actual government, and to appoint an officer who might summarily punish all conspirators of whatever rank, whether belonging to the commons or to the burghers. — Arnold’s Hist, of Rome vol. i. pp. 98, 99. HISTORY OF 'i’HE ROMAN CONSTITUTION. 21 obtaining independence for the Plebeians, who hitherto had wanted a legal rallying point, was the establish- ment, after a severe struggle, of a popular magistracy (Tribunes of the People and Plebeian bEdiles) in the year b. c. 494 . 17 . At first the Tribunes had merely a veto on questions which affected the people ; but they soon took occasion (b. c. 491 ), from the proceed- ings in the case of Coriolanus, to assemble the people tributim (i. e. in accordance with the division of Ser- vius Tullius), for the purpose of trying their enemies; and in these Comitia, where they were subject neither to the rules of the Senate nor to the authority of the Augurs, they soon acquired influence over the affairs of the state, especially after the passing of a law pro- posed by the tribune Volero Publilius (b. c. 471 ), by which it was provided that the election of Plebeian magistrates should take place in the Comitia tributa, an arrangement which effectually protected the Plebe- ians from the interference of Patricians in their choice of officers. 18 . Notwithstanding these advances, how- ever, the Patricians continued to possess a powerful influence, founded on religion ; and this influence they especially exerted at the Comitia curiata, which were now held for the purpose of confirming by the auspices the acts and elections of the Comitia centuriata, and of giving the imperium to magistrates. Indeed, in the Comitia centuriata themselves, the influence of the Patricians was exerted by means of the auspices, the Patrician consul who presided over the Assembly, and their own clients. § 4 . From the Decemviri to the passing of the Lici- nian Law. 19 . The popular power assumed a more decided form, and resisted more vigorously the encroachments of the government after the suppression »(b. c. 449 ) of the Decemvirate , 1 an office which had been created provisionally (the functions of the other offices of state 1 Cf. Arnold, Hist, of Rome, vol. i. p. 161, &.C. 22 MANUAL OF ROMAN ANT'] Q.UITIES. being meanwhile suspended) for the purpose of amal- gamating the various elements of the Roman constitu- tion by means of a comprehensive and impartial code of laws. The strength of the people, which had been set in motion for the purpose of overthrowing the De- cern virate, now exerted itself very energetically for the establishment of independence. 20. The power of the Comitia centuriata, which possessed the su- preme legislative authority and right of confirming elections, began to be claimed by the Comitia tributa, as soon as the decrees of the Plebs had acquired a legislative force (subject, probably, to certain condi- tions) by the lex Valeria Horatia (b. c. 449 ), subse- quently defined and confirmed by other enactments. A still more important step towards the amalgamation of the different estates was made by the lex Canuleja (b. c. 445 ), which authorized the connubium, or cele- bration of marriages, between Patricians and Plebe- ians. 21. A contemporaneous attempt on the part of the Plebeians to thro^v open the Consulship to their order, which was vehemently resisted by the Patri- cians, led to the establishment of a new office (the three Tribuni militum consulari potestate), to which Plebeians were eligible, and which seems to have shared the duties of the Consulate with another new office, exclusively Patrician, termed the Censorship. For many years there seems to have been an alterna- tion of Consuls and Tribuni militum ; but the modera- tion of the Plebeians, their hereditary respect for the Patricians, and dependence on them for pecuniary assistance, for a long time led them to choose those officers almost entirely from the Patrician body. The strenuous opposition of the Patricians could, however, only postpone, not prevent, the establishment of that balance of power which the times required. § 5 . From the passing of the L.cinian Law (b. c. 376 ) to the Gracchi. 22. Under the pressure of that heavy yoke which had bowed down the Plebeians ever since the Gallic HISTORY OF THE ROMAN CONSTITUTION. 23 war, a law ( lex Licinia ) was passed, which not only- relieved them from some of their domestic burdens, but rendered them eligible (o one of the two Consul- ships. On the other hand, two new offices were cre- ated ; the Prsetorship, which was confined to the Pa- tricians, and the Curule JSdileship, which seems from the commencement to have been filled alternately by Patricians and Plebeians. The equalization of ranks now proceeded rapidly, but in such a manner that at first the division of influences was distinct and fair. After b. c. 342 we hear no more of two Patrician Con- suls. By degrees the Dictatorship, Censorship, and Preetorship, and finally the priesthoods ( lex Ogulnia b. c. 300 ) were thrown open to the Plebeians. By the Publilian law, the legislatorial authority given to the people by the Valerian was extended, and finally made independent of the Senate by the lex Hortensia (b. c. 286 ). 23 . From this period, we must date the dissolu- tion of the Patrician order as a political body, and the change in all essential particulars of the old aristocratic form of government, which could always reckon on the support of the Senate. The Comitia centuriata still retained their power ; but the Comitia curiata became a mere form without influence or importance. As the old Patrician families became extinct, or went over to the Plebeians, there gradually arose on the ruins of this order a new official nobility, composed of Patri- cian and Plebeian families, and founded on descent from persons who had filled the Curule offices (the Consulship, Pnetorship, and iEdileship). 24 . This order ( nobilitas ) gradually contracted itself by the ex r elusion of others from the higher offices, which was the more easy, as the great expense of the rEdileship rendered them accessible to very few, although this afterwards became a means of aggrandizing the nobi- lity through the administration of provinces, and the acquisition of booty. The government, nevertheless, went on steadily and quietly, on the whole, until the third Punic war (b. c. 149 ). The right of legislation, and of electing magistrates, were in the hands of the people, 24 MANUAL OF ROMAN ANTIQUITIES. who also conducted the judicia publicu m the Comitia, or committed the management of them to the Senate and magistrates. The Senate had the administrative authority, and the superintendence of the revenue, and the judges were chosen from its members. The great exertions rendered necessary by the wars with Pyrrhus, the Carthaginians, Illyrians, Antiochus the great, and Perseus, had for their general result the establishment of unity and strength in the executive power. § 6. From the Gracchi to the Social war. 25. When, however, after the fall of Carthage, the power of Rome was firmly established, a certain degree of laxity manifested itself both in public and private life. Foreign manners and their attendant luxury found a ready entrance ; and to the lust of conquest there were now added the appetite for plunder and capricious treatment of the conquered. By degrees the republican respect for the state and its sanctity disappeared, and selfishness became every where pre- dominant. This was especially manifest in the violent struggle which now took place between the aristocracy ( optimates ) and the popular party { populares ). 2 On 2 During the long internal peace which Rome had enjoyed, the power of the Senate became so firmly established and so vast, that the assemblies of the people, in many respects, were little more than a tool in the hands of the aristocracy or the optimates. The elections of the high magistrates were any thing but free, since the illustrious families were in the exclusive possession of the most important and lucrative offices. These optimates, as they were called, accumulated their wealth in the provinces, and at home amused and corrupted the people by the distribution of money oi food, by games, spectacles, and bribes. In purchasing the estates of the small landed proprietors, to whom the republic originally owed her great- ness, they had acquired immense tracts of land, which were cultivated by bands of slaves ; whilst a large class of reduced freemen, without a home or bread, were wandering about in the country with their wives and children, not having a foot of land which they could claim as their own, though they were told that they were the lords of the earth. At Rome itself things were not better ; a numerous populace had gradually been formed, which, without property or industry, threatened sooner or later to become most dangerous to the safety of the state, as they might be used, by any one who chose to buy them, fot the worst purposes. Many HISTORY OF THE ROMAN CONSTITUTION. 25 the one hand, the Senate and nobles formed a power- ful faction, in whose hands the Consulship remained, and which was, in part, supported by the Equites who were dependent upon it. These Equites or Knights formed a class which gradually lost its original military character, and acquired great wealth by farming the public revenue. As a conservative party, this body supported the ancient order of things, and the dignity of the Senate ; but, at the same time, formed an op- pressive aristocracy, who, by appropriating to them- selves the ager publicus after supplanting the small proprietors, acquired enormous estates ; the manage- ment of which they committed to slaves, whilst the impoverished peasants were forced to remove to Rome, thus increasing the number of discontented citizens. These proceedings soon caused a reaction on the part of the people. 27. The laws proposed by the Trib- unes, T. Gracchus (b. c. 133) and C. Gracchus (b. c. 121), especially the lex agraria, a revival of the Lici- nian law (which provided that no one should possess more than five hundred jugera of the ager publicus for himself, and the same quantity for two sons, and that the remainder should be divided among the poor citizens), paved the way, it is true, for the ruin of the nobles, without, however, for the present, securing any advantage to the people : but a democratic reaction had commenced, and one result of this was the with- drawal of the judicial authority from the Senate, and the establishment of the Knights as a separate and independent estate. It was not until the Jugurthine war (b. c. 111-106), when the moral corruption and- particularly the gross venality of the nobility was dis- played in the strongest light, that they suffered an important defeat by the passing of a law which pro- vided that a rigid inquiry should be instituted into the conduct of magistrates accused of bribery, and by the undoubtedly saw the abyss at the verge of which the republic had arrived, but no one had the courage to interfere. — Schmitz, Hist, of Rome c. xxiv. 2 26 MANUAL OF ROMAN ANTIQUITIES. election of C. Marius, a novus homo (56), to the Con sulship. § 7. From the Social war to the extinction of the Republic. 28. Soon after this the Social war or war of the allied states broke out (a. c. 91), by which the Latin and Italian people extorted the recognition of their rights as citizens, which the Gracchi had before en- deavoured to obtain for them, in order to strengthen the popular cause by the addition of a body of free and independent burghers. This crowd of citizens, who were received into the state without the adoption of a representative constitution, or any other correspondent change in the form of government, was productive of great confusion. The better portion of the inhabitants of Italy, who were bound to their homes by property and other interests, were of course excluded from active participation in the affairs of government. On the other hand, a multitude of poor and lawless men, attracted by the distribution of public largesses and private gifts, were drawn together from all quarters, and formed at Rome, the central point of government, a mass which readily joined the party of those who were struggling to raise themselves at the expense of the state. 29. A reaction in favour of the nobles was brought about, it is true, by Sulla (b. c. 81), who re- stricted the power of the tribunals, restored the judicia to the Senate, and endeavoured to re-establish the ancient constitution. But this reaction produced little real effect on the position of affairs. On the othei hand, an example was for the first time afforded of a commander-in-chief using his delegated authority for private ends, and the way paved for a military despot- ism and a civil war. In the Consulship of Crassus and Pompey (b. c. 70), the people recovered their rights, but became a mere tool in the hands of great and tal- ented leaders, who acquired an overwhelming influence by the favour of the Commons, military power, combi INHABITANTS OF THE ROMAN EMPIRE. 21 :ation, and wealth, whilst the authority of the Senate tecame more and more contemptible (Pompey, Caesar Crassus). 30. The result of their disputes with one another, was the establishment of Caesar at the head of the government, and his appropriation to himself of all the chief offices, and finally of a perpetual Dicta- torship (b. c. 46.) His death, indeed, was the effect of a republican movement, but the republican spirit had ceased to exist in the body of the people. A new combination was now formed between Antony, Lepi- dus, and Octavian, which ended in the assumption of absolute authority bjr Octavian (b. c. 33), who, under the title of Princeps, concentrated all the power of the state in his own person ; but, in consideration of the respect with which the Romans regarded ancient forms, allowed the Senate and most of the more im- portant offices to exist nominally. 31. For the same reason under the succeeding Emperors ( principes , im- peratores , Cccsares, Augusti), the greater part of these forms were still retained, although the people were excluded from any immediate share in the government, until, at length, even this shadow of ancient Rome vanished before a succession of innovations, such as the partition of the empire, the change in the consti- tution which began in the reign of Diocletian (a. d. 284-303), the removal of the seat of government to Constantinople, and the establishment of Christianity as the national religion by Constantine (a. d. 323.) INHABITANTS OF THE ROMAN EMPIRE. § 1 . Classification. 32. The inhabitants of the Roman empire were partly free and partly slaves. The freemen were either cives ( populus Romanus, populus Romanus Quiritium), or peregrini, who in Cicero’s time, were comprehended under the title extercc nationes, or trib- utary states without the privileges of Roman citizen- ship. 28 MANUAL OP ROMAN ANTIQUITIES’* A. Of the Cives and Civitas. § 2. Nature of the Rights of Citizenship. 33. The word civitas signifies both the civic com- munity, and the rights enjoyed by its members in con- sequence of their citizenship. Rome was originally surrounded by other nations, partly of the same race, but never admitted to a more intimate connexion. Even in later times, when the government joined the Latin confederation, Rome never considered herself as one of the Latin states, but maintained her independence in opposition to them all, and in a short time assumed the character of their mistress. In consequence of this relation the civitas soon became a term of distinction, both in public and private life, between the burghers and strangers ( peregrini , originally hostes). But even among the citizens themselves there existed almost as marked a distinction in the exclusion of an entire class (the Pleheii) from the most important rights. By de- grees, however, this disproportion was equalized, and the same privileges and responsibilities became the birthright of all (15-17). § 3. Same subject continued. 34. These responsibilities consisted in the payment of a property tax, and the liability to serve in the army. The most important civil privileges in public life were the right of voting on questions of state in the Comitia, jus suffragii, which could only be exercised personally at Rome, and the right of being invested with the public magistracies, jus honorum. The person of the Roman citizen was also protected by the law in vari- ous ways. Soon after the expulsion of the Kings, the right of provocatio, or appeal to the people against the oppression of the higher orders, was given by the law of Valerius Publicola. This law was afterwards fre- quently revived and confirmed. By subsequent enact- ments corporal punishment was abolished, and crimi- nals permitted to choose banishment instead of death. INHABITANTS OF THE ROMAN EMPIRE. 29 S5. Viewed in its relation to private rights, the civitas may be considered partly as a qualification for the enjoyment of all the privileges of Roman citizenship ; partly as connubium, or the right of contracting mar- riages according to the Roman law ; and partly as commercium, or the privilege of acquiring, possessing and employing property according to the regulations of the Roman code. As the power of the state in- eased, the Roman citizens obtained other privileges the expense of the vanquished. Thus, from the :onquest of Macedonia (b. c. 168), until the Consulship of Hirtius and Pansa (b. c. 43), they were entirely exempt from the payment of taxes. The citizens, in fact, were highly favoured in all respects at the cost of the oppressed provincials. Every Roman citizen was a member of one of the thirty-five tribus , and his name enrolled in the public register (tabula, censorum), into which unqualified persons sometimes attempted to intrude themselves surreptitiously. The idea of the aggregate rights of a Roman citizen is expressed by the term caput. § 4. Extent and increase of the Civic Community. 36. From a small beginning, the civic community of Rome was gradually increased by conquests. The inhabitants of a conquered territory were, in the earli- est times, partly transferred to Rome, partly permitted to reside in their own cities, but, in both cases, under less favourable conditions than the Roman citizens. They obtained what was called civitas sine sujfragio, by which they were distinctly separated from other neighbouring nations, subjected to the Roman laws, and compelled to pay taxes and serve in the army, without having any share in the government. By degrees, however, they acquired full civic rights, prin- cipally before the Social war (28). After this war, by the lex Julia (b. c. 90), the Latin and Italian tribes, vho had been previously socii, were gradually admit- ted to the freedom of the city ; and from this period, so MANUAL OF HOMAN ANTIQUITIES. the privilege of citizenship was conferred with no sparing hand, especially after the extinction of the republic. Julius Caesar granted it to Gallia Cisal- plna, the Emperor Claudius sold it for money, and finally Caracalla bestowed it as a gift on all the inhabit- ants of the Roman empire. § 5. Mode in which the rights of citizenship were acquired and lost. 37. The privilege of citizenship was acquired by birth, by incorporation according to the provisions of some law (the abovenamed lex Julia, for instance (36), or by emancipation (manumissio) . It was lost by becoming a citizen of another state, by imprison- ment, a public sentence of condemnation, proscription, and in the time of the Emperors by deportation. The loss or restriction of civic rights was termed deminutio capitis ; of which the highest degree consisted in the loss both of personal freedom and civil privileges : a less severe sort was the loss of citizenship only ; and the mildest of all was simply the relinquishment of certain personal rights by a change of personal condi- tion, for instance, by adoption. § 6. Various classes of citizens. 38. There were several distinctions among the Ro- man citizens, arising from birth, property, place of habitation, and other accidents. Their effect, in a po- litical point of view, was various at different times. Some of them gradually disappeared virtually, if not in name, whilst new ones were created. The ancient division into tribes (tribus), with the still older relation of patron and client, is soon lost in the obscurity of early history. The classification into Curiae, and the distinction between Patricians and Plebeians were of longer continuance, but gradually lost their political importance. On the other hand, the division into classes, centuries, and tribus, was much more perma- INHABITANTS OF THE ROMAN EMPIRE. Si nent. In the course of time, a distinction was intro- duced between nobiles and ignobiles ; and the Eques- trian Order ( equites ) appeared as a separate estate (or do) below but next to the Senate. There were also distinctions between the inhabitants of Rome and the citizens created by the extension of the empire, or the establishment of colonies, municipalities, and prefec- tures ; and others which arose from birth, and the dif- ferent privileges enjoyed by free-born persons, and those who were admitted to freedom. § 7. The ancient tribus and curias. 39. According to the testimony, of historians, Romulus divided the people into three tribus, Ramnes or Ramnenses, Tides, and LucSres ; a classification which seems to indicate the different tribes, by the union of which the Roman state was formed. The union of these tribes, and their extension, which is generally ascribed to L. Tarquinius Priscus, stand in close connexion with the increase in the number of Patrician citizens, and augmentation of the oenate (42). The three tribus were divided into thirty curies , connected with one another politically and religiously. Each of these had its curio, and the united body a curio maximus. The curiae assembled in the Comida curiata, the most ancient political assembly ; but the whole institution, which w r as essentially patrician, lost its importance, when the Patricians w r ere deprived of their privileges. § 8. Patroni and Clientes. 40. We are told by ancient writers, that Romulus established an intimate connexion between Patricians and Plebeians, as the protectors and protected. The Patron was obliged to defend his Client in courts of justice, and elsewhere, whilst the latter, on his part, was compelled to contribute towards the portion of Ins F itron’s daughter, and pay his fines and ransom. They 32 manual of roman antiquities. were not allowed to prosecute or bear witness against each other. The connexion between Patron and Cli- ent was hereditary. It must be observed, that the Clients wei'e, however, in some respects, not only dis- tinct from, but even opposed to the Plebeians ; we may, therefore, suppose that they were people subju- gated at an early period, who were admitted to a more intimate, although subordinate connexion with the Pa- tricians, from which the plebs, or crowd of citizens, introduced by more recent conquests, were excluded. 41. The clientela after a time ceased to exist as an in- stitution purely patrician, but was retained as a con- nexion between the rich and poor, the powerful ana the feeble ; the duties on the part of the Client being to wait on the Patron every morning, to accompany him to the forum and the campus , to support him by voting at the Comitia, and so forth ; on that of the Patron, to render pecuniary and other, assistance. Entire nations among the socii stood in the relation of clients to pow- erful Roman families (e. g. the Allobroges to the Fabii), to whom they applied in all difficulties. The same connexion existed also between emancipated slaves and their former masters. § 9. Patricii and Plebeii. 42. Livy and Dionysius inform us, that the Pa- tricians were the descendants of those Senators who were appointed by Romulus, and whose number was augmented in the following reigns. From what we have already said, however, it would rather appear that they were original citizens, who enjoyed full privileges, and were divided into curice and gentes, or large houses united by the bands of religious and family connexion. Thus the Senate would seem to be a selection from these citizens, or, perhaps, a body representing the gentes ; and its augmentation would be a natural con- sequence of the increased number of Patricians. 43. The Patricians were entirely separated from the Ple- beians, no connubium being permitted between the INHABITANTS OF THE ROMAN EMPIRE. 33 two orders. They enjoyed the exclusive privilege of eligibility to the offices of Senator, magistrate, and priest, the right of taking possession of the public lands acquired by conquest, and farming them on the payment of a certain rent, whilst the Plebeians were obliged to content themselves with insignificant allot- ments ; and lastly, the auspices and interpretation of the laws were in their hands. Meanwhile, however, the Plebeians were increasing in importance as well as numbers, by the admission of vanquished tribes into their body. From the time of Servius Tullius they were allowed to take part in the comitia, and by de- grees were admitted to equal rights with the Patricians. By the connubium, the gentes were mingled, the Patri- cian families gradually became extinct, and in the time of the Emperors, were replaced by persons selected from the body of Senators. § 10. Classes and Centuries. 44. The division into classes and centuries was the work of Servius Tullius, who wished to unite the dif- ferent estates of his kingdom, and to apportion the burdens of war and taxation more fairly among the rich, whilst, at the same time, he granted them a larger share in the administration of the government. In pursuance of this plan, he formed certain classes ac- cording to a property qualification, giving to each a number of centuries or votes, in such a manner, that the rich, although fewest in number, had most voices. The equites, consisting of eighteen centuries, voted first ; then the first class, which had eighty centuries. The minimum qualification of this class was fixed at 100,000 asses: there also belonged to it two centuries of handicraftsmen ( centuries fabrum). 45. The second class consisted of twenty centuries ; their qualification was property to the amount of 75.000 asses ; the third, twenty centuries, with 50,000 assss ; the fourth, twenty centuries and 25,000 asses ; and the fifth, thirty cen- turies and 10,000 asses. Among these were the accensi , 64 MANUAL OF ROMAN ANTIQUITIES. cornicines, and tubicim.es, divided into three centuries. Those who were still poorer were comprehended in only one century 3 ( proletarii , capite censi ). They were seldom required to serve in the army, except in cases of great necessity. Marius, however, recruited from them as well as the other classes. 46. Each class was divided into an equal number of centurise seniorum and juniorum, and had its distinctive military equip- ment. This arrangement, as far as condition, property, and age were of political importance, has been described by Livy. Other writers vary from him in a few par- ticulars. At a later period, as Livy also points out, although it is uncertain when or in what manner, a change was introduced, the centuries being placed in connexion with the division into tribes, each of which now consisted of two centuries. The division into classes, however, and the property qualification were still retained. § 11 . The later Tribus. 47. Servius Tullius divided the city into four tribus or districts, and the country into twenty-six, or, accord- ing to other authorities, into sixteen. After the expul- sion of the kings, there were at first twenty tribus, a consequence, probably, of the loss sustained by the state in the war with Porsenna, (b. c. 509-507) : after- wards, however, the number was gradually augmented to thirty- five. The division into tribes became especi- ally important as the power of the people increased, the comitia tributa being assemblies of Plebeians, over which the Patricians had little influence. The tribus rusticce were the most respectable, and contained the richer citizens, who possessed landed property. 48. The four tribus itrbance, Palatina, Suburrana, Collina, 3 Niebuhr says, “The Romans knew only of five classes; so that Dionysius, who calls such as gave in less than 12,500 asses, a sixth class, is just as much mistaken in this as when he allows them only one centu- ry.” He also considers it beyond a question, that the fortune of the fifth class was 12,500 asses, as Dionysius states if,, not 11,000, as Livy. INHABITANTS OF THE ROMAN EMPIRE. 35 and Esquilina, which contained the rabble of the city, and the inferior tradesmen and artisans, were little es- teemed ; and as the persons admitted to the freedom of the city whose names were inserted in the register of the- tribus urbance, gradually contrived to intrude them- selves into the tribus rusticce, it was a meritorious deed, when the Censor Q,. Fabius Maximus Rullianus (b. c. 304), and subsequently Tib. Sempronius, the father of the Gracchi, forced them back into the tribus urbance. In the time of the Caesars, this division into tribes lost its importance. § 12. Or dines. 49. As the political importance of the distinction between Patricians and Plebeians disappeared, the word plebs began to be employed to designate the mere rabble ; and, in this sense, we find sometimes the term nobilitas, and sometimes ordines used for the higher ranks, among which were reckoned the Sena- tors and Knights. The word ordo is more rarely used with reference to the Plebeians. a. Ordo senatorius. 50. Livy informs us, that Romulus chose one hun- dred Senators ( patres 4 ). When the Sabines joined the Romans, the number was increased to two hun- dred. Many of the conquered Albans were afterwards admitted into the Senate by Tullus Hostilius. Lastly, Tarquinius Priscus chose Senators from the new patri- cian families ( patres minorum gentium), by which the number was increased to three hundred. As this was diminished by later Kings, the Consuls restored the original number of three hundred by the introduction of new members, who at first were distinct from the patres, properly so called ( patres et conscripti) . Sulla 4 This word is sometimes used to designate Patricians. 86 MANUAL OF ROMAN ANTtaUITIES. increased the number to six hundred. 5 51. As the Senate was supposed to concentrate the dignity and power of the state ( amplissimus , maximus, sanctissi- mus or do ), all the regulations for admission into the body were framed with reference to this object. It was required that the candidate should be free-born, and possess a certain amount of property (in latei times 800,000 sestertii). Even at an early period the qualification must have been considerable, since the Senators were required to devote themselves for life to the duties of their office without receiving any remu- neration, and were not allowed to exercise any trade or employment, or to become farmers of the public revenue. 52. The Senators were chosen ( legebantur ) by the Kings, the Consuls, and afterwards by the Cen- sors. This choice was not arbitrary, but dependent on certain qualifications, one of which in later times was the having fulfilled the duties of the magistracy, the first degree of which was the Qusestorship (the cetas qucestoria was twenty-seven). At first the Senators were chosen exclusively from the patrician order, but even in the early days of the Republic we hear of ple- beian Senators ; and this became more common, when the higher offices, which were introductory to the Senate, began to be filled by Plebeians. The insignia of the Senators were the latus clavus (broad purple band woven in front of the tunica), the calcei lunati (short boot with the letter C on the top of the foot) of the patrician Senators, and a particular seat at the public shows. b. Ordo equester. 53. At its institution this was simply a military or- der. Romulus appears to have created three centuries of Knights, corresponding to his division of the clans 5 “ Schaaf makes the same assertion, but it is destitute of proof. Ap- pian informs us that Sulla added to the Senate three hundred of the eques- trian order, but its number probably did not exceed five hundred.” — ■ Osenbrilggen. INHABITANTS OF THE ROMAN EMPIRE. 37 into Ramnes, Tides, and Luceres. They were proba- bly the same as the royal body-guard ( celeres ) men- tioned by Livy. After the taking of Alba, Tubus Hostilius is said to have enlarged the centuries, and Tarquinius Priscus doubled their number. Servius Tullius added twelve new centuries of Knights to the six 6 which already existed. These eighteen voted first in the first class of citizens ( 44 ). The order consisted of the most wealthy citizens, and at first each of them received an equus publicus 7 and ces equestre, that is, an order on the viduce for the purchase and keep ( ces hordearium) of their horses. 8 9 54 . At a later period the order acquired political importance through its in- vestment with the judicia (b. c. 122), which it retained until the time of Sulla. As many of the Knights also acquired large fortunes by farming ( publicani ) the public revenue (vecdgalia ) , their influence in the state became very considerable. The military character of the order gradually disappeared, and all free-born citi- zens, who possessed the census equester (latterly 400 ,- 000 sestertii) were equites. 3 The custom, however, still continued of furnishing an equus publicus, and none but those who possessed one, voted in the centu- ries equitum ( 44 ), even after the alteration in the comitia centuriata. The insignia of the Knights were the annulus aureus, the angustus clavus,' and the four- teen first benches at the theatre. Their epithets of honour are splendidi fords simi. 6 These were named the sex svffragia. 7 The Senators had also originally an equus publicus, and voted in the centuries equitum. a “ An annual rent-charge of 2,000 asses on the estates of single women and orphans, who were thus made to contribute to the defence of the state which gave them protection.” — Keightley. 9 According to Ruperti, Equites ex censu ; though they were Equites, they did not belong to the ordo equester, which consisted solely of Equites cquo publico. 1 Cf. the description of the latus clavus, 52. From these privileges vivere angusto clavo contentum (Veil.) = to be satisfied with equestrian rank ; and sedcre in quatuordecim, to sit among the Equites, i. e. to be an Eques. 38 MANUAL OF ROMAN ANTIOUITIES. § 13. Nobiles and ignobiles. 55. As the ancient difference between Patricians and Plebeians disappeared, there arose a new classifi- cation into nobiles, and ignobiles. The magistracies at Rome were posts of honour to which the holders were appointed by the choice of the people: it was therefore considered a great distinction to attain the higher grades. At first they were reserved for the Pa- tricians, but when the Plebeians were also admitted to their share of the honour, there arose by degrees, with- out any public enactment, an order of nobility consist- ing of those persons, whether Patricians or Plebeians, whose ancestors for many generations had filled the curule offices (the iEdileship, Prastorship. and Con- sulate). 56. As the majority were precluded from be- coming candidates for these offices, especially the j /Edileship, by the expense, there was formed by de- grees a corporation so firmly supported by wealth and hereditary reputation, that even men of the most dis- | tinguished talents, who were destitute of those qualifi- cations, very rarely succeeded in raising themselves to j! the order. Such homines novi (i. e. men who did so raise themselves) were Marius in the Jugurthine war, and Cicero in the time of Catiline’s conspiracy. The only privilege of nobility was the jus imaginum, an ancient custom, which consisted in setting up the waxen busts of their ancestors in cases (armaria) fixed for that purpose in the atrium. 57. These figures were provided with an inscription ( titulus ), setting forth the offices which the deceased had filled, and were bound together by festoons (stemmata). At funerals they were borne before men, who were dressed like the persons represented by the busts. Out of these nobiles and the Senate were formed the opti- mates or conservative party, who supported the dignity of the Senate, and the established order of things against the movement party (populares), who strove to obtain for the people not only substantial advantages, but the greatest possible political influence. INHABITANTS OF THE ROMAN EMPIRE. 39 f 14. Inhabitants of the colonise civium, municipia, and prasfecturae. 58. A necessary consequence of the original extent of the Roman dominion was, that no distinction existed between the civic administration and that of the state ; and even when in later times the empire was increased by conquests, the same plan was retained. Rome was the centre of all government, and the exercise of the most important political rights was dependent on a residence in the capital. Thus with regard to actual participation in the affairs of government, we may dis- tinguish between the Romans properly so called, and the citizens who were introduced at a later period, of whom a part ( cives sine suffragio), at a very early pe- riod, were essentially distinguished from the Romans by the enjoyment of fewer privileges. a. Coloni. 59. In ancient times the conquered nations were compelled to accept the privilege of Roman citizen- ship under less favourable conditions than the original inhabitants ( civitas sine suffragio), and plundered of a part of their land, which was sold as ager publicus, or assigned to Roman citizens, or let to individuals ( pa- tricians ), in return for a certain ground-rent. In order to secure the conquered territory from the attacks of foreign enemies, as well as from any attempts of the former inhabitants to recover their possessions, it was usual, in accordance with the old Etruscan and Latin practice, to send thither a colony, consisting at first of 300 men. The colonists, who thenceforward must be considered as a military garrison, retained all the privi- leges of Roman citizens with the connubium and com- mercium, and thus formed an order superior to the original inhabitants, an arrangement which often pro- duced insurrections. 60. These colonies, which had begun to be sent out even in the time of the Kings, were called colonice civium, in opposition to the colonies 40 MANUAL OF ROMAN ANTIQUITIES. Latirue, which consisted, not of citizens, but of Latin allies, who after the conquesl of Latium (b. c. 338), were sent out under Roman leaders. After a long time had elapsed without the establishment of any colonics, civium, some were again sent, after the second Punic war, to those places which during Hannibal’s campaign had been unfaithful to Rome. At a later period some were sent to Gallia Cispadana. The establishment of colonies according to the old regula- tions never extended beyond this point. Under the Gracchi the sending out of colonies civium had another object in view, namely, the support of the poorer citi- zens. In Sulla’s time, military colonies were established for the purpose of rewarding veteran soldiers ; an ar- rangement which was retained by the Emperors, but chiefly in the provinces. 61. Colonies were led out ( deducebantur ), after a plebiscitum, on the motion of the Senate. The colonists, who in the ancient time espe- cially were by no means taken from the ranks of beg- garly and profligate citizens, gave in their names ( nomina dabant) of their own accord ; but in the event of there being a deficiency of volunteers, persons might be impressed for the services. They marched in mili- tary order ( sub vexillo), under the command of their officers ( triumviri coloniis deducendis) to the spot, the boundaries of which, according to ancient custom, were marked out by the plough. Of this ground a certain number of acres were assigned to each colo- nist. The. internal administration of the colonies was copied from that of Rome. b. Municipes. 62. The municipia were towns the inhabitants of which had been formerly peregrini, and were now cives. They enjoyed the rights of Roman citizenship, but were governed by their own magistrates, and man- aged their affairs according to their own customs : at first they were partly with, and partly without the suffragium ; but after the helium socials all the Italian INHABITANTS OF THE ROMAN EMPIRE. 41 towns were made municipia cum suffragio. In the time of the Emperors there were also municipia in the provinces. c. Incolcs prccfecturarum. 63. Th & prefectures (e. g. Capua) had no suffragia nor any peculiar jurisdiction, but were governed by a prcrfectus sent out every year from Rome. By de- grees they obtained the suffragia, but still retained their preefectus and the name of prccfecturce. § 15. Ingenui and libertini. 64. Another distinction, not altogether unimportant as regarded civic privileges, was that between the free-born ( ingenui ) and the emancipated ( libertini ). See 72. B. Of the Peregrini. § 16. Socii and Provinciales. 65. The nations subdued by the Romans in the earliest times of the Republic were all admitted to a sort of compulsory citizenship without svffragium. Those who were conquered at a later period were termed peregrini, and were placed in a subordinate relation to the Roman state, without any participation in the rights of citizenship. Of these peregrini some (socii) had a constitution of their own, but were re- quired to furnish contingents of troops, or, as occasion required, subsidies in money, grain, ships, &c. ; and sometimes also paid tributa. Their relation to the state was generally defined by written covenants (civitates liber ce et foederatce), the terms of which varied according to circumstances ; by degrees, how- ever, their condition became one of extreme hardship. To these allied states which retained their own form 42 MANUAL OF ROMAN ANTIQUITIES. of government, belonged especially the Italian tribes, and some nations out of Italy. 66. Other peregrini were completely subordinate, being governed by Ro- man laws and Roman magistrates, and compelled to pay heavy tributa (provinciates, dedititii). The pere- grini, having no part in the state, were excluded from the j us suffragii and lionorum, and were liable to cor- poral punishment and ill-treatment at the caprice of the Roman magistrates. With regard to their private rights, they possessed neither the connubium nor the commercium . 2 In ancient times they were not allowed to plead in a court of justice, but were compelled to employ the services of some host or patron among the Roman citizens. This restriction, however, was re- moved, when a court was established expressly for the settlement of disputes between peregrini, or between foreigners and Romans. We find on several occasions that the peregrini were banished from Rome by legis- lative enactments. § 17. Latini. 67. Among the socii the most remarkable were the Latins, from whom the Romans derived their origin. The peculiarity of their relation to the Roman state, is expressed by the terms socii nomenque Latinum. At an early period Rome was on terms of hostility with the Latins. Under Tullus Hostilius, Alba was taken and its inhabitants transferred to Rome, where some of the most distinguished families were admitted into the class of Patricians. The war still continued under succeeding Kings, but in the reign of Tarquinius Su- perbus, Rome became the head of the Latin confedera- tion. After the expulsion of the Kings, the wars be- gan afresh, and continued until b. c. 493, when an 2 The Isopolity, as it was called, or community of private rights, be- tween two free states, existed only in the ancient alliance of the Romans with the Latins and Hernici, and their still older communion with the paerites. In no other instance was it granted even to the most favoured of the socii. INHABITANTS OF THE ROMAN EMPIRE. 43 alliance was concluded, by which equal rights together with the connubium were secured to both parties. The Hernici also were admitted into this confederation, but Rome soon began to aim at supremacy. 68. These struggles, it is ,true, were several times interrupted, es- pecially by the Gallic war ; but at length (b. c. 338) the whole of Latium was brought under the Roman yoke. The Latins remained peregrini, probably with- out commercium and connubium, and were required to serve in the Roman armies. Still their connexion with Rome was more intimate than that of the other socii ; and under certain circumstances they might be ad- mitted to the freedom of the city; for example, if they had filled one of the highest offices in their own coun- try, or settled at Rome, and left issue male. The Ro- mans frequently employed the Latin people for the pur- pose of extending and consolidating their power, and spreading their language, a measure which was accom- plished by the establishment of colonies ( colonies Lat- ince), commanded by Roman triumviri, and placed in the same position with the Latins themselves. 69. Af- ter the helium Latinum, the Latins and their colonies were admitted to the freedom of the city ; and in the following year some cities in Gallia Transpadana, under the name of Latin colonies, were invested with the same privileges which the Latins had formerly en- joyed ( jus Latii, Latinitas,) an arrangement which was afterwards extended by the Emperors to the provinces. From the time of Tiberius to that of Jus- tinian, the name Latini ( Juniani ) was understood to express a sort of libertini who had the commercium, but not the connubium, and under certain restrictions might be admitted to the full privileges of citizenship. The rest of the Italian socii possessed a constitution somewhat less liberal, but in no essential particular different from that of the Latins. In the time of the Emperors this constitution was extended, under the name of jus Italicum, to cities in the provinces, where, without being connected with any personal privileges, it exercised an influence principally on 4<± MANUAL OF ROMAN ANTIQUITIES. the legal position of landed property, and the burden of taxation, Italy itself being free from all charges on land. C. Of the Servi. § 18. Condition of the Slaves. 70. Among the Romans, as among the other na- tions of antiquity, a portion only of the members of society enjoyed freedom at the expense of the rest, who were compelled to discharge the most laborious and degrading offices. The-, slaves were considered not as persons, buff as chattels) like any other article, they might be bought, sold, ceded, and bequeathed by will. Until the time of Antonius, masters had th efjus vitoe et v necis)(p{ whichuhowever, they seldom availed themselves)) as well asTthe power of inflicting corporal punishment) at discretion ( flagellum , lor a, virgce, farca, stigmata, ergastulum, in pistrlnum dari, 3 plecti pendentem, crux). The slaves received a monthly allowance for their support ( demensum ), but could not acquire property, except with the consent of their masters ( peculium ). They were partly slaves of pri- vate citizens, partly of the state ; the latter were employed in public works. Slavery was the result either of birth or captivity ( vendi sub corona).* In ancient times insolvent debtors might be made slaves. Even fa refusal to be registered at the census (in- census), and a withdrawal from military service) might be punished by enslavement. Foreigners were often sold byjthe s\&ve-dea.\eri)(mangdnes) in the great slave- markety-at Rome. y 3 Ergastulum, a private prison where the slaves worked in chains : in pistrlnum dari, to be sent to the hake-house, to pound or grind corn. \ 4 The slave being sold with a garland on his head : he stood oils' platform ( catasta ) or a raised stone (lapis; hence de lapide emptum esse). The Mango was bound to tell the slave’s faults, and ( prtsstare ) to warrant him with reference to faults not mentioned. A scroll ( titulus ' round the neck stated these faults and his good qualities, &c. POLITICAL POWER. 45 § 19. Emancipated Slaves. 72) Emancipation (manumissio) was effected either by entering the name of the slave in the Censor’s books ( censu ), or by the observance of certafu ceremonies before the praetor ( vindictd ), 5 or by wj \\){testamento) . fn later times, other more simple forms of manumission were employed (inter amicos, per epistolam, per men- saim , 6 Augustulrby /he Lex JElia Sentia, made the l'ignt of manumission dependent on certain conditions, which were regulated^ by the respective ages of the emancipator and emancipated. 73. The connexion between the freedman and the ( libertinus ; and in s reference to his master, liberties) and his former lord ij-jfwas not entirely dissolved by manumission^ He as- sumed his master’s/ nomen and preenomem and became his client ; and if ne died intestato, without issue/his master inherited his property) (Nor did he enjoy'" all the public rights of a free-born* citizen) In conse- quence of certain legal enactments, whfch, however, were not always strictly observed, he was only admit- ted into the city tribes'; and previously to the Social ward he was-prohibitecT from serving in the army, and excluded from the magistracy and the Senate. (The same regulation (was also observed) as a general rule, with regard to th e'Jilii libertinoruml) POLITICAL POWER. § 1 . Division of Political Power. 74. In the best days of the Republic, political power was divided {equally between the people) the 5 Vindicla = virga pratoris, qua percutiebantur servi dum liberi fiebant. manumittebaiUurque capiti imposita. (Schol. in Hor.). — The free- dom of the slave was demanded by a fictitious claimant (a ssertor liber- tatis). The. master, who was holding him, then let him go ( manu emittebat), with the words, Hunc hominem liberum esse volo). The vindicla (al. festuca) was then laid upon his head, and he was turned round (hence, momento turbinis exit Marcus Dama. Pers). The Pite- tor then declared him free. 6 i. e by inviting him to sit at table with him and his friends, writ' ing him a letter, &c. 46 MANUAL OF ROMAN ANTIQUITIES. Senate, and the ruling magistrates. To the people belonged , the supreme majesty and sovereign power. They possessed the legislative authority^ under which Was comprehended the right of deciding questions of peace or war, the right of choosing magistrates, and the judicia capitis, until the introduction of the quces- tiones perpetuce (about b. c. 144). 75. The executive authority, strictly so called, with its overwhelming influence, ^belonged to the Senate^ The officers of state werff chosen by the people^ for the purpose of presiding in the general assemblies, and of carrying out the decrees of the people and Senate in different branches of the administration. It would seem, how- ever, that the boundary line between the provinces of the various authorities was not always very distinctly drawn ; an imperfection which may be attributed to the confusion and struggles out of which the Roman constitution developed itself. » A. P o p u 1 u s . § 2. Comitia. 76. The power of the people was exercised in the Comitia ( comitium , sing., a place in the forum in front of the Curia Hostilia), that is, in assemblies regularly summoned according to law and by the proper magistrates, for the discussion and decision of public questions. 7 Of these Comitia there were 1 : three sorts, curiata, centuriata. , and tributa ) ( The curiata belong- ed to the old or Patrician fdrm of government, j and lost its importance when that party no longer retained (The centuriata. comprehended all the tributa belonged exclusively, or, in a (to the Plebs , to which they owed their 7 Concio (or contio), on the contrary, is an assembly convoked by a single magistrate, for the purpose of giving information to the people on any particular subject, or of deliberating on a proposed measure previously to the Comitia. its privileges, people?) The greatmeasure, POLITICAL POWEit. 47 origin and importance. With the decline of the Re- public and of morals, for instance after the lex Julia (b. c. 90\, the Comitia became a theatre for the conten- tions oT unquiet spirits, the struggles of party, and bribery ( divisores). 5 / Under Caesar and Augustus they lost their importance) knd in the reign of Tiberius were entirely supjtrgssea7 ; ' 77. § 3. General Regulatiojis cf the Comitia. The Comitia could only be held on certain days) especially appointed for that purposed ((A'es comi tiales), but never on festivals ( ferice ). , It was re- quired that previous notice of the time x>f meeting should be given by an edict, and that the subjects for discussion should be notified) ( promulgari ). Before the Comitia for electing magistrates, the candidates were obliged to announce themselves to the proper officers /a certain length of time before the day of meetin §\profiteri) . 78. The business of the Comitia must Tae . transacted /in one day) between sunrise and sunset. (The proceedings were adjourned, if the Tri- bunes of the people interposed their yetdj ( intercessio ), or unlucky appearances presented themselves, such as thunder and lightning, 9 or, if an augur or magistrate who had the right to hold auspicia ( servare de caelo, spectio), and possessed the power of breaking up the assembly by the simple announcement that he intended to make observations, thought fit to object ( ohnuntiatio , alio die). The auspices of a superior magistrate had precedence over those of an inferior ; whence the fre- quent occurrence in the edict proclaimed by the Con- sul, “ Ne quis magistratus minor de coslo servasse velit.” The mode of proceeding at the Comitia will be discussed under the head of the Comitia centuriata, with which we are best acquainted. Divisores were electioneering agents who paid the money: the interpreter bought the vote : sequestres held the money till it was eqrncd. J 9 An epileptic fit was also thought ominous, and caused an adjourn- ment. Hence the epilepsy was called morbus comitialis. 46 MANUAL OF ROMAN ANTIQUITIES. § 4. Comitia curiata. 79. The Comitia curiata were held in the [ com tium\(76 ) in ancient times by the Kings, and after wards by the Consuls and Praetors. At first, they were the only assemblies of the whole people. ^At them laws were enacted, and the Kings elected or confirmed in their authority ; but after the introduc- tion of the Comitia centuriata, and the decline of the Patrician influence, they gradually lost their import- ance, and(jserved principally for the investiture of magistrates with the imperium, or military command with the right of holding auspicesj (in later times, the Curies no longer assembled Jiut were merely represent- ed by the lictors. r To these Comitia belonged also the Comitia calata, (which were appointed for the pur- pose of sanctioning certain proceedings, such as wills and the cletestationes sacroruni. § 5. Comitia centuriata. 80. The Comitia centuriata were held extra pomce- Hum, (5)/ generally by the Consul,, but sometimes by the rrsetitr., After the division oi the people by Ser- vius Tullius, ( nearly the same powers were exercised by these Coimtia, as formerly by the Comitia curiata, with the exception of such privileges as were retained by the latter, and were subsequently transferred to the tributa, when the plebisclta had acquired the force of laws, and public^ questions were discussed in -these assemblies without any very definite restriction.) In the Comitia centuriata the Consuls, Praetors, antPCen- sors were elected, laws passed and abrQgated, war ietermined on (for the first time in b. c. 42 Ij after a dis- oute whether this could take place in consequence of a resolution of the Senate), and capital offences tried, until the introduction of the qucestiones perpetuce, when the judicial functions of the Comitia were grad- ually superseded. * Or, perhaps, they served for the confirmation by auguries of the elections which had previously been held in the Comitia centuriata. See Cicero adv. Rullum 2.11. POLITICAL POWER. 49 § 6. Proceedings at the Comitia centuriata. 81. The manner in which these Comitia were held, was as follows : the subject for discussion was publish- ed a trinundlnum (seventeen days) before the day of meeting.' This interval was employed in preliminary discussions, ( suadere , dissuadere legem), in assembling the people ( condones 76, note 7), and in canvassing for votes,, in the city and municipia. On the day of meeting, the auspices were consulted by the presiding magistrate, with the assistance of the augurs. The, Comitia were generally held on thq Campus Martins. They were opened (with sacrifice and prayer by the presiding magistrate/ Who then granted permission to other magistrates and private citizens to discuss the question. 82 f ' After the debate, it w T as allowed to the Tribunes of the people to interpose (intercedere). If no objection were made on the part of the Tribunes, and no religious obstacle existed, the magistrate then called on the people to arrange themselves for voting, in the following form of words) “ 'Si vobis videtur, discedite, Quiritesf Then followed the rogatio ad populum, /* Velitis, jubeatis, Quirites (in suffragia mittere ). The Knights voted first, / then the other classes in regular order, .seldom however including the fourth, and very rarely, if ever, proceeding as far as the sixth. This great preponderance on the part of the rich was afterwards diminished (probably between the first and second Punic war), through a more popu- lar arrangement of the Comitia, in which the division into tribes was allowed its influenced The century which voted first, was termed the prcerogativa , and was chosen by lot. 83. At first the votes were given viva voce, but subsequently, after the passing of the " leges tabellarice, they were delivered in writing by means of a tabella, on which were inscribed either the words TJti rogas (i. e. “?s you ask,” = yes), or Anti- que' 2 (“ I am for the od state of things,” = no) ; or in Comitia for elections the name of the candidate for 2 Antiquare = in modum pristinum reducere. Fest. 3 50 MANUAL OF ROMAN ANTIQUITIES. whom the elector voted. The centuries which were to vote passed over elevated bridges ( pontes ) into an enclosed space ( ovale ). 3 Here the tabellce were given to them by the distributors ( diribitores ), and thrown into cistce, from which they were afterwards taken and counted under proper inspection. Finally the result was proclaimed in a loud voice. The law adopted by tbe assembly was engraven on brass, and laid up in the cerariurn. § 7. Regulations common to the Comitia curiata and centuriata. 84. The regulations common to both sorts of Co- mitia were, that they should be held in consequence of a decree of the Senate,, and after the auspices had been taken ( auspicato ). 4 In the earlier times their reso- lutions were confirmed by auctoritas patrum, a term by which some understood the concurrence of the Senators ; others, the confirmation by the Comitia curiata of the resolutions passed at the Comitia centu- riata. In either case it is a remnant of the ancient form of government, the importance of which was lost after the passing of the lex Publilia (b. c. 339), which provided, that this ratification should precede the election. § 8 . Comitia tributa. 85. The regulations mentioned in the preceding paragraph did not apply to the Comitia tributa, which were held intra as well as extra Pomcerium (5). These meetings were first introduced at the trial of Coriola- nus (b. c. 451), but their legal establishment was founded 3 There was undoubtedly a difference between these ovilia and the septa erected by Caesar on the Campus Martius, which were used only for a short time at the Comitia tributa , and afterwards served for public shows, &c. In the Comitia they probably served for the partition of the tribus. 4 The decision of the Augurs could even reverse a resolution formally adopted by the Comitia : thus b. c. 444 the three first Tribuni. militum consulari poteslatc were obliged to resign their offices Augurum decreto quasi vitio creati, &c. Liv 4, 7. political power. 51 on the laws of Volero Publilius (b. c. 471). Their ju- dicial authority -belonged in all essential matters to an earlier period; for the Tribunes, until the laws of the Twelve Tables, were in the habit of citing before this assembly persons accused of high treason. At these Comitia they chose the Magistratus plebeii (after the lex Publilia in 471), and minor es, as well as the JEcllles cur ules, and to a certain extent the Military Tribunes; 5 and after the lex Domitia (b. c. 104), the election of priests,, which had previously taken place by co-optation, was committed to them, but under a peculiar form : but they became important, especially in a legislative point of view, when the plebiscita ob- tained by three enactments ( lex Valeria Horatia, 449, Publilia, 339, Hortensia, 286) the force of laws. 86. Subsequently resolutions were passed in them respect- ing public questions, partly on the motion of the Sen- ate (ex auctoritate senatiis), without any clear distinc- tion between Comitia centuriata and tributa, partly independently of the Senate. To these Comitia be- longed exclusively the power of passing laws affecting public interests strictly so called ; for example, the leges agrarice, frumentarice, tabellarice, and various laws relating to private affairs. They were generally held by the Tribunes of the people, and might be pro- rogued by the obnuntiatio{ 78). The Patricians, whose influence in these Comitia was inconsiderable, seem to have absented themselves from them. The legislative power was withdrawn from them by Sulla, but restored in the Consulship of Pompey and Crassus; (b. c. 70). B. Senatus. § 9. Province of the Senate. 87. The Senate possessed the administrative au- thority, comprising the maintenance of religious wor- 5 It would seem that even the Tribuni militum consulari polestate were also chosen at these comitia. See Liv. 5, 18. Niebuhr 3, page 330 note. 52 MANUAL OF ROMAN ANTIQUITIES, ship, the management of affairs connected with finance and taxation, the levying of troops, negotiations with foreign and allied nations, embassies, the administration of the provinces, &c. It exercised an influence over legislation, and until the time of the Gracchi the Judges were chosen from its members. In extraordi- nary emergencies it called on the magistrates to act as circumstances might require, in the following form : “ Videant Consules, fyc., ne quid detrimenti capiat Res- publica and especially in such cases, allowed itself occasionally to exercise an authority which exceeded the limits defined by laws. Und ^ 1 * ■" t , tiniari) to exercise some legislative authority, to elect the republican magistrates, to superintend the cerarium, and the provincial administration, and to act as a court of criminal justice. . § 10. Mode of proceeding in the Senate. 88. The Senate was convoked (convocabatur, coge- batur) and held by the Kings ; in the times of the Re- public, by the Consuls or other principal magistrates, Praetors, Dictators, Interreges, and also by the Tribunes of the People. It generally assembled in the Cur iae (especially the Curia Hostilia), but might be held in any place consecrated by the Augurs,) especially in temples ; for instance, in the cedes C'oncordice, and cedes Bellonce, where audience was given to foreign ambassadors (Senatus iis dabatur). The meetings of the Senate were either regular ( senatus legitimus), or extraordinary ( senatus indictus), which might be held on any day except the days of the Comitia. Like the assemblies of the people, the meetings of the Senate were held between sunrise and sunset. 89. The pre- siding magistrate having announced the subject for deliberation (referre ad senatum), each member was called upon to state his opinion (rogare sententias, sententias dicere ), which he delivered either by a single word, sitting ( verbo sententiam dicere, verbo assentiri), its real power ; but continued POLITICAL POWER. 53 or on his legs in a set speech. 6 In the earlier times the Princeps Senatus, or member whose name stood at the head of the list (a title of honour), and at a later period the Consules designati were first called on then the question w^s put to the others in the order of their official rank. The member to whom the question was put often digressed into other public matters (egrtdi relationem, diem dicendo consumere ), if this were not previously forbidden. 90. Then followed the actual voting ( discessio , pedibus ire in sententiam alicujus), at which a separate vote was occasionally demanded on each particular proposition, on which a resolution could be founded ( divide sententiam ). The decree, when passed ( Senatus consultum, decretum) was written down, and like the laws, and other public documents, laid up in the Geranium under the care of the Quaestor. To make a decree of theAState valid, it was requisite that a certain number of members should be present (numerus legitimus, Senatus frequens). Those who absented themselves without reasonable cause, or grossly violated the standing orders, might be punished by a pecuniary fine or the distraint of their goods ( pignora caedere). The Tribunes could ^dissolve the decrees of the Senate by their intercessio. A resolu- tion passed by an insufficient number, or stopped by the interposition of the Tribunes, was termed Senatus auctoritas. C . Magistratus. 7 § 11. History of the Magistracy. 91. In ancient times the supreme executive and judicial authority was possessed by the Kings, 'although probably restricted by the Senate and the popular 6 This was merely an expression of opinion, which he was allowed to retract when he actually voted, e. g. Silanus in Sallust. Cat, cap. 51. 7 The word “ Magistratus” signifies both the office and the person who holds it. 54 MANUAL OF ROMAN ANTIOUITIES. assemblies they were the leaders of the army, and performed several religious rites, which were after- wards intrusted to the Rex sacrif cuius. For their support they had an allotment of the agerpublicus, of which the Campus Martins, which after the expulsion of the Kings became public property, formed a part. We read also of a Tribunus Celgrum and a Prcefectus urbi ; but very little is known of these offices. After the expulsion of the Kings (b. c. 509), two Consuls^ were appointed, whose authority at first was almost equal to that of the Kings. 92. But as the power of the Plebeians increased, there arose a new office called the Tribuneship of the People (b. c. 494), and in con- sequence of the/increase of territory and population, it was necessary gradually to divide the public business. The management of the lists of citizens, and the care of the public morals, the administrations of justice and of police, were separated from the Consulship, and committed to officers especially appointed to those duties. Thus the Censorship was created b. c. 444, and the Praetorship and iEdileship, b. c. 367. For the benefit of the provincial administration, and the carry- ing on of war, the time of continuance in office was often prolonged ( prorogare imperium, provinciam). Latterly this became a regular practice ; whence the appointment of Proconsuls and Propraetors, and, on account of the increased amount of business, the aug- mentation in the number of several magistrates, such as the Praetors and Quaestors. 93. Augustus appro- priated to himself the choice of Consuls, Tribunes, and Censors, assumed the title of Pontifex Maximus ; and at last, under the name princeps, united all the powers of the state in his own person. In the time of the Emperors, most of the great officers retained, it is true, their names and outward distinctions ; but many changes were introduced, and unless the office were held by the Emperor himself, it lost most of its actual authority. New magistrates were appointed in accor- dance with the actual conditions of the state; such as a Prcefectus Urbi, or superintendent of police, who POLITICAL POWER. 55 was afterwards invested with the supreme criminal jurisdiction, a Prcefectus Prcetorio, who was originally the commander of the standing body of life-guards established joy Octavian (Augustus), but after the time of Tiberius, possessed considerable influence over the government and the administration of justice, and a Prefectus Annonce, or superintendent of the commissa- riat. 94. From the times of Diocletian and Constan- tine, an entirely new organization of the government and- public offices was introduced, in which the traces of antiquity w T ere gradually obliterated by the adminis- tration and titles of a court ( consistorium , principis, comites, the higher state officers). In our succeeding sections we shall take a closer view of the magistracy, particularly under the Republic. § 12. Alagistracy of the Republic — Its character and position. 95. The magistrates were partly ordinarii, partly extraor dinar ii. (To the ordinary belonged the Con- sules , s Pr adores, Ccnsores, JEdiles Curules et Plebeii, Qucestores, and Tribuni Plebis 0 although the last, strictly speaking, were not magistrates. ((The extraor- dinary were the Interrex, Dictator, Magister Equitum, and Prcefectus Urbi'„ who under peculiar circumstances undertook the duties of the magistracy. 9 The higher ordinary magistrates were the Consuls, Praetors, Cen- sors, and Curule AEdiles, all of whom enjoyed nobilitas, or official rank. 96. If we compare the Roman magis- tracy with that of more modern states, we perceiveca striking difference) For example, the offices were not, as in our day, a provision for the holders, but mere honorary distinctions ( honores ), with which they 9 To this class belong also the Decemviri legibus scribendis, and the Tribuni Militum consulari potestnte, who were placed at the head of the state for a definite period. 9 To these we may add, although somewhat different, the temporary commissions given to individuals for some particular purposes, such as the establishing a colony, or the administration of provincial affairs in times of scarcity. 56 MANUAL OF ROMAN ANTIQUITIES. were invested by popular election ; and which were not only without remuneration, but in some cases, as that of the iEdileship, entailed a considerable expense, it was only when the majesty of the people was to be represented, that any assistance was given by the state to the magistrates ; at the reception of foreign ambas- sadors, for instance, or when they travelled abroad with the imperium, or as bearers of any public commission ; on which occasions, they received from the exchequer a sum of money sufficient for their outfit, travelling expenses, and support : but in later times this liberality was sometimes abused by persons who drew the stjite allowance when travelling on private business. 97/ In the latter days of the Republic/) the administration of the provinces was also extremely lucrative. Another difference (was, in the time for which they held the appointment. During the Republicans was only one year, with the exception of the Censorship, Which was held at first for five years, Wd afterwards, /for a year and a half. By allowing so short a time, the Romans hoped to secure their freedom, and promote activity in the public offices. At a later period, however, the in- crease of their dominion rendered it necessary that the time of continuing in office in the provinces should be extended. A third distinction, which strikes us very forcibly, was the indifference of the state 1 with regal'd to the qualifications of her magistrate^) no proof of capacity being required previously toentering on the office, and its continuance being too short to teach any practical knowledge of business. Within no very con- siderable space of time the same individual might run through the whole course of official appointments, civil as well as military. 98. We can only explain this by supposing, that in those days the act of government was more simple than at present : many arrangements, which are now matters of state, being left to private activity, and many of the details being intrusted to paid men of business. Lastly, the universal interest in public affairs which belongs to a republican form of government, the great publicity, and the concentration POLITICAL POWER. 57 of all the functions of state at Rome, rendered the necessary preparation easier to the candidates, and qualified the people for the prudent exercise of their elective franchise. On extraordinary occasions, such as the choice of a Dictator, and the election of Cicero to the Consulship, great foresight was employed. In matters of great importance, the magistrates were assisted/by a consilium] e. g. the Consuls by tlqe Senate, the provincial officers (by the nearest Senator;?; (Sallust^ Jugur. c. 62), and the general ^by his council of war.' The inferior officials had also considerable influence. 99. Until the time of Tiberius) the people chose , their own magistrates. At first it was necessary that they should be Patricians)) but at a later period it was ^considered sufficient thar they were free horn. : The Plebeian office&(jtheTribuneship of the people^imid the Plebeian AMilbsrfip)bpould not be held by Patricians. If a Patrician desirhu to fill one of these offices/ it was necessary for him to be admitted by adoption into a Plebeian family) as in the case of Clodius. The offices were sought for and held in the following order : uccsior, Tribunus or JEdilis, Prcetor, Consul, Cen- sor\ Originally it was a necessary qualification for office^ that the candidate should have served ten years in the arrnyA afterwards a certain age was required/) which was ffixed by the lex Villia annalis (b. c. 189) at twenty-seven (or thirty-one) for the Quaestorship; Thirty-seven for the AEdileship, forty for the Praetor- ship, mid forty-three for the Consulship, ( consul suo ftinno, i. e. elected as soon as he was eligible) . 100. j^All candidates for offices ( candidati , so called from their toga Candida) were required to give in their names) {nomen profiteri ) to the magistrates who pre- sided in the comitia ) in order that their qualifications might be examined; and at the same time they endeav- ored to secure votes by recommending themselves to the people ( ambire , ambitio, ambitus, prensare). In 3* §13. The subject continued. 68 MANUAL OF ROMAN ANTIQUITIES. the arly times the magistrates generally entered on theii office ( inire magistratum) on the first of January! with the exception (of the Tribunes of the People; who commenced their duties in December. ■ Between the election and their entrance on office, they were termed designati. At their investment the auspices were held, and” an oath administere.dYyMr«re in leges). 101. > one could hold two of thd higher offices at once, nor be re-appointed to the same within ten years?) Some of these regulations (were relaxed on special occasions) ( legibus solvi). v Thus Scipio Africanus minor was chosen Consul the first time 1 in his thirty- seventh year(B. c. 147 ), on account of the Carthaginian war, and the second time, without being a candidate for the office (b. c. 134 ) on account of the Numantian war. C. Gracchus was chosen a second time Tribune of the People without canvassing (b. c. 122), and Ma- rius, the second time Consul (b. c. 104 ) during his absence on account of the Cimbrian w^ats V § 14 . Of their authority and its limits. 102. The general term for magisterial authority is potestas (e. g. Trihynus Militum consulari potestate ; tribunicia potestasff) The power of the Roman magis- trates within their own jurisdiction was very consider- able^) \They had the right of publishing edicts each within tbe province of his own office, of taking the auspices (with the exception of the Proconsuls and Propraetors), and of holding condones. As a general rule Comitia and meetings of the Senate could only be held by the higher magistrates ;> the Censor, ^however, could not call the Senate together, and nis official intercourse with the people was confined to tlje public meetings. Of the inferior magistrates, only\tJie Tri- bunes) on account of their peculiar position in the statepdiad the right of assembling the Senate. The magistrates had also the power <)f enforcing their authority /by the infliction of fmesj (rnulctam dicere). 103 . The nigher officers enjoyed the vocatio, that is. POLITICAL POWER. 5 the right of summoning any absent person before them by. virtue of their office ; and the inferior ones, such as/the Tribunes, possessed the prehensio, that is, the right pf arresting any one who was present/. A magis- trate/could not be cited before a tribunal during the continuance of his officd; 1 * but in very strong cases, such as that of Lentulus in Catiline’s conspiracy, he was compelled/to abdicate previously to his trial J As a general rule, nowever, he was irremovable Jairtrnight voluntarily retire from office if the auspices had not been correctly taken i (abdicare se magistratu). The highest official authority, which belonged to me Con- suls and Praetors, was called imperium, a term origi- nally expressive of a military command, but afterwards used for the right agendi cum populo, and of compel- ling obedience. 104. The impenum was committed to the magistrates/by a lex curiatcn but could not be exercised/by the pro-magistrates at Rome 1 ) Thus if a pro-magistrate who enjoyed the imperium in one of the provinces .desired to have a triumph at Rome, it was requisite (that the imperium, strictly so called, should be conferred on him for that day by a plebisci- tumj Security against malversation in office was afforded ! by the provocatio to the peopte^) by the in- tercession^ ither of a Tribune of the People, or of a magistrate of equal or superior rank, and by the re- sponsibility to which the magistrates were subject after the expiration of their term of office. The in- signia of the higher magistrates, were the toga prce- texta (329), sella curulis 3 and lictors with fasce\(l‘S0) 1 7* The proposition, thus generally stated, is at least very doubtful. Compare amongst others Drumann, Hist, of Rome, I. p. 62.” — Osen- Irliggen. a The provocatio existed in the time of the Kings, but was subse- quently confirmed by a lex Valeria (b. c. 509), and two more recent leges Valeria (b. c. 449 and 300). Under this head may be classed the Porcian and other laws, by which corporal punishment was abolished, and banishment substituted for death, and a lex Sempronia introduced by Gracchus, which enacted that no judgment should fall on a Roman citizen’s caput, injussu populi. ° The Sella curulis was the chair of state, resembling a camp-stool, but with legs of a double curvature. It was inlaid with ivory (hence 60 MANUAL OF ROMAN ANTIQUITIES. before those who had the imperium. The ex-magis- trates ( censorii , consulares, prcetorii , cedilitii , quaes- torii) enjoyed a rank corresponding to that of the offices which they had filled. §15. Consuls, Decemviri, Military Tribunes with . consular authority. 105. The original name of the Consuls seems to have been Prcetores^ They were the highest office in the state, and exercised authority over all other magis- trates, except the Tribunes/ From them the year was named'; (They took the lead in the deliberations of the Senate and the popular assemblies, carried their de- crees into effect, and transacted the most important occasional business, but after the introduction of the Prsetorship had little to do with the ordinary adminis- tration of justice. In time of war they levied the army, and partly chose the Tribunes, Centurions, and as many legati as had been voted by the Senate. If there were only one war, the command was generally divided. In the event of there being more than one, the apportionment took place either by lot ( sortilio ), or by verbal agreement) (comparatio) . If necessary on account of the war, t'heir term of holding the impe- j riurn was extended (prorogabatur). 100. In the latter days of the Republic they commanded the army, not in their year of Consulship, but in the following year as Proconsuls.' If a Consul died during his year of office, ! another was chosen in his place ( subrogatus , suffectus). The distinctive mark of the consular dignity was twelve lictors with fasceff 130), who preceded each ; Consul in turn for a month (the other being preceded ! only by an accensus :( but in the camp, each Consul had the fasces In tile time of the Emperors, the ebur curule) ; its name is derived from its being fitted to be carried in a jj carriage (currus), when it was folded up. The derivation from curia i| is less probable, as curulis is the regular adjective from currus : e. g. | equi curul.es (in the Circensian games), curules triumphi, &c. f 4 The meaning of Consul Major is uncertain : (1) either the Consul ( wno was elected by the greater number of votes : or (2) the elder : or (3) the Consul who had the fasces (but this would make the term belong ! | POLITICAL POWER. 61 Consulship lost its importance) several were chosen every year, who continued only a few months in office ( ordinarii — suffecti). After the partition of the em- pire, the Consuls were not doubled) but were chosen sometimes in the East, sometimes' in the West, and now and then one in each. The last occasion on which a private individual filled the office was in the year a. d. 54 lJ 107. The succession of Consuls was twice interrupted for a time.) In the first instance by the Decemviri /who were chosen in b. c. 451, for the purpose of framing a legal code, the other offices and the provocatio (104) being meanwhile suspended. This office was filled in the first year by Patricians, in the second year half of them were Plebeians. The second interruption was caused by the disputes which arose in consequence of the Canuleian project of law (b. c. 445) respecting the admission of Plebeians to the Consulship! It was agreed on this occasion that J'ribuni Mi mum consular i potest ate should be created, 'and that Plebeians, as well as Patricians, should be 'eligible to the office. This form continued, with the occasional revival of the Consulship, until, the passing of a law proposed by Licinius (b. c. 367), which pro- vided that one of the Consuls should be chosen from the Plebeians. The number of these Tribunes was at first three or four, and subsequently sis.’! § 16. Praetors. 108. The Prsetorship must be viewed as a branch of the Consulship, which in the course of time, when business increased, was separated from that office. This happened in the year b. c. 367, and is generally represented by historians in the light of an indemnifi- cation to the Patricians for being compelled to share alternately to both). Gellius says that by the lex Julia the title was conferred upon the one who had the most children, including those whc aad fallen in war. Niebuhr thinks it belonged originally to him who was ehosen from the tribe of highest rank, the Kamnes. 6 In Liv. 5. 1. eight are mentioned, an account which can hardly be torrect. MANUAL OF ROMAN ANTIQUITIES. <52 the Consulship with the Plebeians. How closely this magistracy resembled the Consulship may be inferred from the fact, that the Praetors were the deputies of the Consuls in the Senate and the Assemblies of the people, and that they sometimes even took the lead in questions relating to war, and commanded the armies of the state ; and also from the circumstance that the office in the earlier times was often filled by Consu- lares. 109. The especial province of the Praetor was the administration of justice. At his entrance on the office, he published an edict in which the rules of law by which he intended to be guided were set forth, and older edicts altered or modified as occasion required. Arrangements were also made by him for the admimsC tration of justice, and judges or jurors chosen ( judices : dare). It is worth observing, nevertheless, that in appointing to this office, no regard was had to the legal knowledge of the candidate, who was obliged, if he did not possess it, to obtain the assistance of regu- larly educated jurists. , The Prsetor had also the man-; agement of the costly 1 ludi A'pollonares. . In the year b. c. 242 the office was divided, the Prcetor urbanus being charged with the settlement of disputes between citizens, and the Prcetor peregrinus with those which 1 occurred between foreigners, or foreigners and citizens.: 1 By the edicts of the former they# civile, and by those' of the latter the jus gentium was enlarged. 6 Some-: times, however, the duties of both offices were dis- charged by the Prcetor urbanus, when the services of the peregrinus were required in the camp. 110 . When Sicily and Sardinia were added to the list of Roman provinces, the number of Praetors was raised to four, and after the conquest of Spain to sik* for the especial administration of the provinces. But as ir[ the meantime the qucestiones perpetuce had been intro- duced (b. c. 144), which were committed to the four Praetors, they generally remained at Rome, and adminf istered the provinces as Propraetors. 7 At a later perioc 6 “ A very doubtful assertion.” — OsenbrUggeu. j! 1 From the time of Sulla to that of Caesar, on account of the riumbe POLITICAL POWER. 6S their number was raised to sixteen. Under the Em- perors this office also lost its importance, its duties being restricted for the most part to the management of the public games.' The Praetors had lictors with fasces (130), in the city two, and in the provinces six. § 17. Censors. 111. By the constitution of Servius Tullius, the supreme magistrate was required to hold, every five years,: a muster of the^citizen^for the purposes of taxa- tion 'and conscription (censum agere). In the days of the Republic this duty yvas discharged by the Consuls ; but in the year b. c. 443.) an especial magistracy, origi- nally patrician, was created, viz., that of the two Cen- sors, who continued in office at first five years, and subsequently a year and a half. The census, however, , on account of religious scruples jor other circumstances '.was not always held within the time appointed by law. ^The Censor had no concern either .with the adminis- tration of justice or the affairs of wain and consequently possessed no imperium) and with the exception of the registration, had no right to deal officially either with the people ( agere cum populo) or with the Senate ; still the office continued to be one of great influence and importance (Livy 4. 8.), and as requiring public confi- dence amb respect, w r as latterly filled exclusively 1 by Consulares and could only be held once. 3 112. The quinquennial census was held according to a form pre- viously settled by the Censors in the villa publica on the campus Martiusj Each citizen was, required, on pain of being punislied as an incejisus, to insert his name in one of the lists, which were arranged tributim. He was obliged to deliver in on oath a statement of his own name and that of his father) his age, landed property, and the rest of his res mancipi (145) but not of qucestiones, special judges ( judices qucEstionis ) were appointed, who were not magistrates. Madv. de Ascon. Ped. p. 121. s W e have only a single instance of a person’s being elected a second time to the Censorship. 64 MANUAL OF ROMAN ANTIQUITIES. of his ready money, or his property in the ager pulh- cus or in the provinces. No debts were taken into the account. A tax was then impose (^proportionate to the property, and sometimes an extraordinary impost might oe laid on unmarried persons, and increased in propor- tion to the expenditure. 9 < 113. To these duties of the Censor was added the censura morum, or guardianship of public morals, with the right of inflicting the penalty of ignominy (not poena, but nota, animadversio, igno- minia),, /generally , on those who were guilty of impiety towards their family,; perjury, a disorderly course of life, faithlessness towards clients, extravagance, refusal to serve in the army, and such like offences. The penalties were, expulsion from the Senate ( senatu movere ),' or from the equestrian order ( equum adimere; vende equum ) ; the punishment expressed by the term tribu moveri, which means either removal into an infe- rior tribus (that is, into one of the city tribes), or was equivalent to in Cceritum tabulas referri , 2 i. e. to being reduced to the condition of a civis sine suffragio ; and lastly cerarium facer e, which probably means a discre- tionary increase of the offender’s property tax. 114. In the earlier times all citizens were personally enrolled at Rome ; but when all the Italians were admitted to the privileges of citizenship, the provincial lists were forwarded from the country to Rome. Either of the Censors might reverse the judgments of the other, and the Censors of the following lustrum 3 might remove the ignominia inflicted by their predecessors. If one of them died, his colleague was obliged to resign his office. 115. An especial branch of the Censor’s duty was the care of the public buildings and places of recreation, and the farming out of the public revenues, and 3 This part of the Censor’s duty ceased of course with the removal of the property tax b. c. 167. 1 In the year b. c. 70, sixty-four members were expelled the Senate. 2 After the Gallic war a hospitium was concluded with the inhabitants of Caere in Etruria, who were afterwards made cites sine suffragio. 3 Lustrum = spatium quinquennale ; it was properly the name of the great national purification solemnized every five years, at the closing of the census. ■ POLITICAL POWER. 65 making contracts subject to the authority of the Sen- ate. For taking these contracts and providing the necessary security, large companies were formed con- sisting of the richest citizens, especially the Knights ( publicani ). After the year b. c. 50, no more Censors were chosen by the people, nor was any census held. During the imperial reigns the office was sometimes discharged by the Emperors themselves, but neverthe- less fell gradually into disuse. § 18. Curule and Plebeian /Ediles. 116. Contemporaneously with the Tribunes of the People two Plebeian iEdiles were also created to act as managers of the plebeian religious festivals, and as assistants of the Tribunes. At a later period, when the Licinian law was passed (b. c. 367), two Curuie .ZEdileships were added, which from the beginning seem to have been held alternately by Patricians and Ple- beians. The duties of the rEdiles were the manage- ment of the public games, superintendence of public buildings, squares, water-courses, streets, and roads , 4 administration of the police, and punishment of certain offences against its rules. They were also charged with the duty of securing a sufficient supply of grain 5 and other wholesome provisions, and of inspecting and settling weights and measures. 117. The difference between the Plebeian and Curule ^Ediles was unim- portant ; it would seem, however, that the latter, who were permitted to bear the same insignia as the higher magistrates (104) were charged with the management of the ludi magni maximi or Romani (290), and Megalesii (289) From the time of the first Punic war these games were celebrated principally at the expense of the iEdiles themselves, and towards the end of the Republic, enormous sums were expended as a means of recommending them to higher offices. 4 What relation they bore in this particular to the Censorship is net distinctly known. 5 In extraordinary cases a Prafectus annoncs was chosen. 66 MANUAL OF ROMAN ANTIOUITIES. Cffisar added iwo JKdiles Cereciles. We hear nothing of this office after the third century. § 19. Qucssiors. 118. The origin of this office is unknown. It is supposed by some to have been established in the time of the Kings. Thus much we know, that the Quaes- tors were chosen at first by the Consuls, but after the year b. c. 447 by .the people and that the office origi- nally 1 was patrician,- and filled by two persons, to whom two others were subsequently added. These last accompanied the Consuls in their campaigns. After the complete subjugation of Italy (since b. cl 265),' four new officers were added for Italy. Sulla increased the number to twenty. 119. The city Quaestors kept the accounts of the exchequer ( cerarium ), and managed its receipts and expenditure under the direction of the Senate ; they also received foreign ambassadors, and had charge of the standards and archives of the state, which were kept in the cerarium. The provincial Quaestors managed the financial affairs of the provinces, provided for the transmission of coin to Rome, kept the accounts of the war department, and were intrusted with the custody and sale of the booty. Latterly their provinces were assigned Jto them by lot. The Quaes-^ torship was the first, stepffo the higher offices of state, and gave its holder the right of attending the meetings of the Senate, the vacancies of which were latterly in a great measure filled up from the Quaestors. The office continued) with many alterations through the imperial reigns ; but the city Qusestorsliip was reduced to insignificance by losing the management of the cerarium. 120. Under the Quaestors, in ancient times, were the Tribuni cerarii, who were charged with the payment of the soldiers. They seem to have been private citizens, with a fixed and not inconsiderable census, who were intrusted with the collecting and dis- bursing, or perhaps only with disbursing the pay of the soldiers. This office had disappeared ip^Cato’s time, POLITICAL POWER. 67 and the name, which was afterwards revived, was used in a different sense. /, § 20. Tribunes of the People. 121. When the people, excluded from public em- ployments and overwhelmed with debt, rose against the Patricians in the year b. c. 494, 6 a compromise was effected by the establishment of an office called the Tribuneship of the People, which was pronounced sacrosanctus (i. e. the person of the holder was declared inviolable ■) by - a lex sacrata. 7 The number of the Tri- bunes wits at first two or five,) but after the year b. c. 457, it was raised to ten; all of whom, by a later enactment, must be chosen from the people; no right of co-optation being reserved to the Tribunes them- selves. They were not strictly speaking magistrates,) nor had they any especial office in the government, but were simply bound to protect the Plebeians by their intercessio against the encroachments of the Patricians) 122. They soon, however, arrogated to themselves the right of summoning the Patricians before the tribunal of the people, and by degrees assumed the initiative in the proposap of laws at the Comitia tributa. When the distinction between Patricians and Plebeians lost its political importance, the object of the intercessio was to oppose those encroachments on the rights of the people, which were attempted by the government through decrees of the Senate, or exhibited in the con- duct of public officers ; and this intercessio was some- times enforced by confiscation or arrest. They had 8 This was the first secession. The second took place in the year b. c. 449, in consequence of the dissatisfaction caused by the government of the Decemviri ; the third in the year b. c. 286, on account of the op- pressed condition of the people. 7 Leges sacratcE were certain laws which provided that those who transgressed them should be sacri. They were especially such as were enacted to secure the sanctity of the people’s rights, e. g. the provision that the Tribunes of the People should be Plebeians, or that proceedings affecting the caput of a Roman citizen should only take place in the Comitia centuriata. 68 MANUAL OF ROMAN ANTIQUITIES. the right of attending the meetings of the Senate^and of calling it together. One Tribune^could nullify the decisions of the rest by his intercession a right which often afforded to the opposite party the means of ren- dering the intercessio of the Tribunes inoperative. 123. Tiberius Gracchus, however, ventured to propose to the people the deposition of a protesting Tribune. Their authority extended only 1000 passus beyond the boundaries of the city, nor could they be absent from Rome one whole day. No Patrician, nor any citizen whose father was still alive and had filled a Curule office, was eligible to this dignity,) With the decline of public morals abuses in the intercessio often occurred, e. g. in the case of Beebius in the Jugurthine war.- (Sallust. Jugurth. cap. 34.) Sulla deprived the Tri- bunate of its most important privilege, the initiative in proposing laws, and only left it the auxilii latio ; but these restrictions only continued to the Consulate of Pornpey and Crassusj (b. c. 70). Augustus) received the Tribunicia potestas, with which succeeding Em- perors were also invested. /The Tribunate was re- tained, but without the possession of any influence or authority. § 21 . Inferior Officers. 124. Among these we may reckon the Triumviri capitales, /who were charged with the execution of police ordinances, the discovery of offenders, arrests, the superintendence of prisons and exebntions, and the punishment of slaves and inferior persons a the Trium- viri monetales (or iii Viri AAAFF. = imro, argento. ceri flando feriundo), who superintended the coinage, which generally took place at Rome ; four Curatores viarum, two for Rome, and two for the immediate neighbourhood. These were charged with the con- struction of roads : but the maintenance of the great public highways was let by contract to persons ap- pointed by the Censors. The Decemviri litibus judi- This does not seem to have been originally the case. POLITICAL POWER. 69 candis. All these officers were called collectively die Viginliviri. Lastly, the Triumviri nocturni, or super- intendents of the precautions against fire/ § 22. Extraordinary Magistrates, Dictator, Interrex, Praefectus urbi. 125. The extraordinary magistrates were those who, under peculiar circumstances, undertook the functions of the others. A Dictator, or Magister Populi, appears to have been chosen, for the first time, in the year/m c. 50lJ^in the occasion of a dangerous Latin war) and subsequently was often elected \dicta- torem dicere) during foreign wars or intestine disturb- ances, and sometimes even for less weighty reasons, e. g. for the holding of Comitia, conducting the public games, and, after the battle of Cannae, (for the purpose of choosing senators)* (Originally they were elected at the Comitia curiatxk on the recommendation of the Senate ; and after the auspices had been taken, the newly-elected magistrate was invested with the impe- rium : at a later period, the Dictator seems to have been chosen by the Senate or the Consuls) 126. He received, or chose for himself as an assistant, (a Magis- ter equiturrPPMag. equ. dicere , cooptare), with ft he rank of Praetofy Originally, the Dictator possessed full kingly power) without appeal ( provocatio ), and, there- fore, had twenty-four lictores, with the fasces cum, securibus ; all other offices were suspended, with the exception of the Tribunate\ The Dictatorship, how- ever, lasted only fix montnsj and in most cases was laid down at the end of a mdch shorter period, as soon as the affairs, on account o,f which it was assumed, were completely settled. The office was, at first, patrician y but, subsequently, was held also by Ple- beians.) /At a later period, its power was circum- scribed) ahe Tribunes might resist the abuse of the dictatorial power, and some of the higher magistrates were also allowed to continue in office under the. Dic- tatorship. At the end of the Republican period/ Sulla 70 MANUAL OF ROMAN ANTIQUITIES. antLGJsesai) were invested with a perpetual Dictatorship. 127. Oir'the death of a King, according to Livy, the r 1 ~ each of which had its Presi- the ten were charged with the government, but the insignia of office. Senators formed Decuri dent only one had the insignia of office. The supremacy of each Decuria lasted, however, only five days ; and, in this manner, the interregnum was continued until a new election. In the time of the Republic? this practice was revived, when it accidentally happened that no magistrate was present to hold the Comitia) for instance, in the year in c. 444, when the three first Tribuni Militum consutari potestate were compelled to lay down their offices because the auspices had not been correctly taken, The Interrex was chosen from the Patricians] ( interregem creare, prodere), and this office always remained patrician. /After a long inter- val we again find Interreges) towards the end of the Republic. 128. We have already mentioned the Prce- fectus urbi, or Gustos urbis, a Viceroy appointed to act during the absence of the King. Such an officer was retained in the time of the Republic; as representa- tive of the Consul/ when he was absent at the fence Latince (288). /This, however, was merely the ob- servance of an old custom ; the official duties^of the Consul , being discharged, strictly speaking, ( by the Praetor.) Augustus introduced a police magistracy under This name, which, by degrees, under the Em- perors, became an office of importance/) § 23. Inferior Officers. 129. A number of inferior officers}were placed at the disposal of the magistrates for the transaction of the less important business. The most considerable among these were thp Scribes, ivho formed a corpo- ration) (orrfo) which ^yas divided into Decurice,j and paid by the sfate. The places in this corpofatiop were saleable, i At first they were not much esteemej| being generally libertinii but afterwards the office became one of importance ; and on account of their ADMINISTRATION OF THE STATE. 71 experience and knowledge of business, the Scribes I often acquired considerable influence over the less ex- perienced magistrates) They were distributed among the magistrates by lot ( Scribes , Consulares, Prcetorii, &c.). 130. An inferior order of public servants were I the Prcecones, or Heralds ; the Lictors, who preceded the higher magistrates (with the exception of the Cen- sor and Curule lEdiles), to indicate their office and execute their commands. 9 Apparitores, Accensi (Ser- I jeants), Viatores (Messengers). The magistrates had also servi publici to wait on them. § 24. Commissioners appointed for special purposes. 131. Among the extraordinary commissioners ap- pointed for the temporary management of particular affairs': ( Curatores ), we find the Prcefecti annonce , l whqpwere appointed in the olden time to regulate the supply of grain in seasons of scarcity ; e. g. L. Minu- cius, in the year u. c. 440. There were also* Trium- viri, Quatuorviri, Decemviri coloniis deducendis or I agris dividendis, Duumviri cedibus dedicandik and many similar offices. ADMINISTRATION OF THE STATE. A. The Laws and their administration. § 1. Classification of the Laws. 132. The Roman jurists make a distinction be- tween jus publicum, i. e.^the regulations observed in the Roman state for the maintenance of the constitu- * They bore the fasces, or bundle, of rods tied up with an axe ( secu - ris ), before the Consuls in the camp : but in the city, by a law of P. Valerius Publicola, only one Consul had th e fasces, and neither of them the secures. In the camp the Praetor had six Lictors, with the fasces and secures. See Diet. Antiq. s. v. fasces. 1 The office of Prcefeclus arm once was revived in the person of Pom- pey, and was re-established as a standing employment in the time of the Emperors. 72 MANUAL OF ROMAN ANTIQUITIES. tion, and the administration of public affairs, and the jus privatum. To the latter belongs th ejus civile, or rights peculiar to the Romans, and the jus gentium, or code by which all the nations known to the Romans were bound. § 2. Origin of the Legal Codes. 133 . The jus civile owes its origin to customs which, at a very early period, were sanctioned by fixed lawsAamong which the most ancient were those named th e'teges regies. 2 The groundwork of all suc- ceeding legislation was the decemviral code (b. c. 451 - 450 ), which was augmented by the addition of stat- utes, leges centuriatcs, as well as leges tribunicice, after the plebiscita (resolutions of the popular assembly) had acquired the force of laws. These laws were drawn uplby the magistrateship approved by the people). 3 The edicts of magistrates, especially of the Praetogrs, were thus an important element in the legal code, and composed what was called the jus honorarium. The Prcetor urbanus, for Instance, when he entered on his office, published the regulations which he intended to adopt during his administration. 134 . This edict, it is true, only continued in force tor his year of officer but the more important provisions were copied froih one edict into another, and after the time of Cicero, the whole might be considered as a settled code, which was never much altered in any essential particulars We must not, therefore, look on the edicts as merely^ capricious regulations, but rather as ordinances by which the more ancient provisions, which had become obsolete, were repealed, and new rules introduced with a regard to the rights of custom or of justice. Through these edicts the jus civile was developed in the same manner as the jus gentium through the edicts s We find some fragments of these, as well as of the laws of the Twelve Tables, in ancient writers. 3 It has been disputed, whether the decrees of the Senate were also a source juris civilis ; but it hardly seems probable that they could have had. ADMINISTRATION OF THE STATE. 73 of the Free tor peregrinus and the provincial authori- ties. 4 The development of the common law, or law of custom, was also promoted by judicial decisions (res judicata), and the responsa of well-known lawyers, who became important personages in the time of the Emperors, when respondents were publicly appointed. § 3. Same subject continued — Under the Emperors. 135. From the time of Augustus, the decrees of the Senate, and, at a subsequent period, the imperial ordi- nances ( constitutions principum) had the force of law. The edicts of the Praetors were gradually brought to a close, but the writings of Jurists became more voluminous' At a later period many collections of royal ordinances were made, such as the codex Theodosianus ,j a work compiled under the sanction of the Emperor Theodosius II. ; together wdth its Appendix, Novella. 138. Under Justinian there ap- peared a celebrated collection of laws, Ayhich was divided into three parts : — (1) The Codex, an assem- blage of constitutions') especially those which related to the rights of private persons. (2) The Digestce, or Pandecta, a selection from the writings of the most renowmed interpreters of the law. (3) The Institu- tiones, a short system of jurisprudence. To these were subsequently added the Codex Repetitce Precise tionis, a revision of the Codex (which was thereby repealed. O .), and the Novella, an appendix contain- ing later ordinances.; Almost contemporaneously with Justinian there appeared collections of laws also in the Western Empire. § 4. Judicia publica and privata. 137. The administration of justice extended partly to causae public-a, and partly to causes privates. The causes publica had reference to the whole state ; the ■privata, to the rights of individuals or private offences, 4 Very doubtful. O. 4 74 MANUAL OF ROMAN ANTIQUITIES. such as theft ; hence the divisions of trials into publico and privata judicia. In both cases it is a peculiarity of Roman law, that the investigation of facts and the application of the law to the case were not, as they are with us, the business of the same person, the Judge ; but, in the time of the Republic were strictly separated : the legal .question being examined and de- cided by a magistrate!, the question of fact by judices ( judges hr jurors), who were no magistrates, but pri- vate individuals. The proceeding before the magis- trates is styled jusj\ hat before the judices ( judicium . , It was not essential that either the magistrate who decided the law of the case, or the judges who pro- nounced in the question of fact, should be lawyers ; but in doubtful cases they were required to avail them- selves of legal advice . 5 § 5. Magistrates. 138. The administration of justice was at first in the hands of the Consuls), but, at a jater period , 1 in those of the PrsetorsT) The Praetor settled the general mode of proceeding by his Edict, and chose judges or jurors for the trial of individual' pauses. After the preliminary proceedings (in jure), he gave them in- structions with respect to the factum, on which he left them to decide. It was the iPraetor’s duty to provide that their sentence, when pronounced, should be car- ried into effect. The collective name for the exercise of the Praetor^ judicial functions was jurisdictio , and it was indicated by the words do (judices), dico (jus), addico (judicatum). He presided in the judicial Comitia. The Prcetor urbanus was occupied in the settlement of lawsuits, between citizens and foreigners," or between one foreigner with another. 139. The s We must, however, remember that legal knowledge, in the time ot the Republic, was more widely diffused than in our day. The laws of the Twelve Tables were often, in the olden time, learnt by heart by schoolboys. The publicity of judicial proceedings contributed also to the dissemination of this knowledge. administration of the state. 75 other Praetors were charged with the administration of criminal justice, after the introduction of the quces- tiones perpetuce (182). In the municipal towns and colonies justice was administered in a similar manner by a local magistracy.' In the provinces the jurisdic- tion was exercised by the Governor, in accordance with a provincial edict, and agreeably to the peculiar circumstances of the province. In the days of the Empire the chief magistrate was the Emperor himself, and under him were . the Senate," th & Prcefectus urbi, and other magistrates!) The difference between jus and judicium (137) ceased after the reign of Diocletian, when the magistrate himself was the judge (both of the law and of the /act). § 6. Indices . 140. The investigation of the factum, and the judi- cial decision consequent on such investigation, (belong- ed to private judges, or rather jurymen, who were chosen by the Praetor according to fixed rules, and divided into Decuria: ( Judices selecti ; in certain cases called Arbitri and Recup eratores) . 6 By these judges, public as well as private questions were decided. At first they were Senators ; but from the time of C. Gracchus, the office was held by Knights. At a later period, many attempts were made to restore the judi- cia to the Senate, but this was not effected until the time of Sulla. Under the Consulate of Pompey and Crassus (b. c. 70), they were divided among the Sena- tors, Knights, and Tribunii cerarii. 7 but were taken away from the Tribuni cerarii by Caesar. In the municipal towns and provinces the judicial functions were also discharged by citizens selected for that 6 See note on this chapter in the Questions upon it. 7 These were persons chosen from the class of Plebeians, with a qualification of 200,000 H.S. Their name is borrowed from the old Tribuni cerarii, who, whilst their office, which had long been discon- tinued, remained, acted as assistants to the Quaestors ; and, as persons intrusted with considerable sums of money, were necessarily required to be of proved solvency. 76 MANUAL OF ROMAN ANTIQUITIES. office. 141. Besides the court of the Praetor we read also of a centumviral court, which, undoubtedly, was a very ancient tribunal for the settlement of civil ques- tions, especially those which affected the rights of property and inheritance. We are not, however, accurately acquainted with the extent of its jurisdic- tion. The number of the judges was properly one hundred and five ; three for each of the thirty-five tribus. We find them still existing in the days of the Empire. Mention is also made of a Decemviral court {Decemviri litibus judicandis), concerning which very dttle is known. § 7. Counsel — Advocati. 142. The counsel [{Patroni, Oratored) were not necessarily accomplished jurists any mo^e than the other legal officers. After the passing of the lex Cin- cia de donis et muneribus (b. c. 204), they were not allowed to receive money or presents ; at a later period, however, the salarium became general. An- other class of counsel were the Advocati, friends of the contending partied who attended for the purpose of displaying their sympathy, and assisting the litigants with their advice. § 8. Jurists. 143. The Jurists (Juriscqnsulti, prudentes) were all of them originally\Patricians) as being the only class acquainted with the fasti and actiones, or ancient forms of process. They directed the Prcetor as well as the Judices) gave the litigants advice and rules for their conduct {respondere de jure, cavere), and compiled documents {scribere). Their answers had often an indirect influence even on legislation ; and this influ- ence increased considerably in the days of the Empire. In the reign of Augustus there arose tv/o schools of Jurists, differing from one another in their interpreta- tion of the law. One of the most renowned Jurists ADMINISTRATION OF THE STATE. 77 was(Jjaiu^) who flourished in the reign of Antoninus. Many important fragments' of Ins works have been discovered by Niebuhr. Private Rights. § 9. Qualification. 444. The chief qualification for the enjoyment of civil rights/ was the being a free Roman citizen,' prone other having the connubium and commercium. Thus slaves and those who had undergone a capitis demi- nutio, maxima and media, were excluded from a parti- cipation in these privileges/) By the same rule, for- eigners were at first devoid of rights. By degrees, however, the severity of these regulations was relaxed, especially by the edict of the Praetor, and more liberal forms were introduced. Another qualification for the full exercise of civil rights/ was independence of the severe Roman domestic discipline ( patria potestas), or being sui jurist No citizen could engage in any legal process until he had attained a certain age;; but latter- ly, regulations were also adopted for the benefit of minors, .subject to such restrictions as were necessary for thejr protection. § 10 . Classification of Private Rights — Rights of Things. 145. Private rights are divided by Jurists into rights of things,, rights of obligation, family rights, and rights of inheritance, In speaking of the rights of things they distinguish between occupation ( possessio , or the usufruct and right of employment, e. g. of the ager publicus) and actual proprietorship or ownership (dominium) . 8 This dominium was either the strict Quiritarian right of property (ex jure Quiritium), or that natural right which even peregrini might possess, " This expression was not in use so early as the time of Cicero. 78 MANUAL OF ROMAN ANTIQUITIES. The strict right of ownership, with reference to res mancipi (i. e. certain possessions which in the olden time were considered of the greatest importance, such as Italian freeholds, slaves, fourfooted beasts, &c.), 9 could only be acquired by the observance of certain stringent forms. 146. The most important of these forms, all of which presuppose the person about to acquire the dominium to be in possession of the civitas, were: ( 1 ) mancipatio, i. e. a symbolical representation of a purchase in presence of five witnesses (who must be puheres (160 note), and a libripens.' This form was used also in adoption and emancipation. A simi- lar legal process, by means of a symbolical weighing out of the purchase-moneys (was ca\\e,d(nexus or nexum x which, however, is in some cases distinguished from mancipatio. (2) In jure cessio, i. e. renunciation in form of a process, by which the magistrate assigned ( addicere ) the property to the claimant.' 2 (3) Usucapio or prescription ( dominii adeptio per continuationem possessionis, Ulp.), by which natural possession might become Quiritarian. The period that established pre- scription for immoveable property was: two years, for other property one yean The regulations respecting prescription were afterwards altered. § 11 . Rights of Obligation. Obligation by Contract . 147. Obligcitio is such a relation between two persons as gives to the one a certain claim on the other, or entitles him to require the performance of certain offices. According to the Roman Jurists, all obligatory rights owe their origin either to contractus or delictuiih 3 9 Things of which the ownership could not be so acquired, were nec mancipi. 1 So called quia libram ancam tenebat : the purchaser holding the thing to be purchased, struck the scale with a brazen coin, asserting that the thing was now his, purchased cx jure Quiritium by that coin. 2 The three parties were the seller (in jure cedens), the purchaser ( vindicans ), the Prajtor (addicens) . 3 Many matters were thus the subject of civil proceedings, which With us would be tried in a criminal court, e. g, theft and robbery. ADMINISTRATION OF THE STATE. 79 By the old strict Roman law, contracts could be en- tered into only between citizens, and were confined to certain set forms. At a later period they were entered into also hy per egr ini ex jure gentium , and the severity of the ancient law of obligations was relaxed by the Edict of the Praetor. 148. The principal forms for contracts are : (1) nexus, i. e. a transaction in presence of witnesses pei\ ces el libram ; and this symbolical borrowing had the force of an actual obligation, which was thereby established. By the laws of the Twelve Tables the condition of debtors who bound themselves by nexus 4 was one of great hardship ; the insolvent debtor being liable to be put to death or sold as a slave, or, as was more commonly the practice, being compel- led to work out theq debt in his creditor’s household. In the year b. c. 326 a law was passed exempting the person of the debtor from imprisonment in chains. At a later period, however, we find that punishment again inflicted for debt. (2) Verbal contract ( stipu - latio), which was entered into by means of a question from the creditor, and a corresponding answer on the part of the debtor ( sponsio , responsio). (3) Written contracts, which must be in the Latin language, and have especial reference to the entry in the ledger codex ( tabulae ) accepti et expensi, which was kept by every Roman man of business, and was admitted as evidence of debt. 149. (_To impose such an obligation, is styled nomina facer e ( scribere , perscribere), and consisted in entering the debtor’s name with the sum due among the disbursements. This entry could of course only take place with the acknowledgment and consent of the debtor : but we are ignorant of the form in which such consent was conveyed. Payments were fre- 4 The difficulty of payment was greatly increased by the high rate of interest, and disturbances often arose in consequence. A certain rate was at first fixed by the Twelve Tables ; but although many subsequent laws were also enacted for the purpose of diminishing usurious interest, it still continued to be a fruitful source of discontent. In the provinces, espe- cially in later times, the evil reached an enormous height. An extraor- dinary measure for the diminution of debts was the tabula nova in the time of Sulla. 80 MANUAL OF ROMAN ANTIQUITIES. quently made through bankers) (argentarii, mensarii, trapezitee), in' whose hands many persons deposited their property, and whose books were often admitted as evidence in legal proceedings. In the provinces obligations were incurred by syngrdpha} that is, by a covenant signed and sealed by botlW creditor and debtor. § 12. Obligation by delictum. 150. Obligations ex delictis extended generally speaking to furtum, raplna , injuria, damnum injuria datum, (1 ) Furtum was styled manifestum, when the thief was taken in the act; .By the laws of the Twelve Tables such an offender might be put to death with impunity, if taken in the night, or even by day, if he resisted . f In any_case he might be handed over to the owner of the property, and kept in chains. By the praetorian law, fourfold restitution was enjoined in cases oi furtum manifestum ; and twofold in those of furtum nec manifestum. (2) Injuria ; by the laws of the Twelve Tables, the talio (the law of “an eye for an eye,” &c.) must be enforced in cases of actual per- sonal injury, unless the disputes were settled by com- promise. For smaller offences of this description a pecuniary penalty was inflicted. By the praetorian law a higher fine was substituted for the talioj 151. (3) 'Damnum, or injury done to the property of another, was atoned for on certain terms fixed by the law. Predatory attempts on the property of others were viewed in the same light in the early days of the Re- public ; but when such attacks became common in the Civil War, a penalty in quadruplum- was imposed. § 13. Family rights — Marriage. 152. By the Roman laws, a marriage, to be com- pletely valid ( matrimonium justum), presupposed con- nubium on both sides ; that is to say, originally equality of rank, and afterwards, by the Canuleian law (c. c. ADMINISTRATION OF THE STATE. 81 445), the possession of full political privileges ( civitas ). Such a marriage was contracted either in a stricter 01 in a looser form. The first of these consisted eithei of (1) confarreatio, i. e. a solemn sacrifice and several ceremonies in presence of the Pontifex maximus and Flamen dialis, followed by the conveyance of the bride to the bridegroom’s house with various observances ; or (2) coemptio, i. e. an imaginary purchase ( per ces et libram), with certain settled forms ; or (3) usus, i. e. a full year’s cohabitation. 153. By these forms the bride was withdrawn from the control of her father or guar- dian, became in all respects a member of her husband’s family, and was entirely subject to him (in manu esse, conventio in manum )i By the looser form no such dependence was incurred, the wife still remaining sub- ject to her father or guardian, or at her own disposal. The more strict marriage, especially that by confarre- atio, gradually became rarer than the other form, Matrimonium injustum, or mixed marriages between Romans and foreigners, were invalid in law,, and neither secured the rights of citizenship to the children, nor invested the father with the patria potestas (157). § 14. Same subject continued. 154. Bigamy and marriages within the nearest de- grees of affinity, for instance, between a brother and sister, or even between adopted or step brothers and sisters, were strictly prohibited. . The marriage was usually j preceded by a betrothal (sponsalia, sponsa, pacta), which might be cancelled.) When the marriage, took place,! it was customary for the parents or nearest relations of the bride to give a dowry; (dos), concerning which, in later times, legal provisions were made. The marriage! might be annulled) either when one of the parties underwent a capitis aeminutio maxima or media' (for instance by imprisonment or exile), or by divorce ( repudium , properly speaking on the part of the husband ; repudium renuntiare, nuntium remittere, di- vortium, discidium). 155. The marriages by confarrea- 4* 82 MANUAL OF ROMAN ANTIQUITIES. tion ( 152 ) were dissolved by an act of diffarreatiorh In the older time divorces were very rarer U?ut latterly they became much more frequent ; and the marriages contracted under the less strict form were dissolved without any formality) The sanctity of marriage was enforced by the Censors, who sometimes imposed heavier taxes on unmarried persons. In the reign of Augustus a law, called the lex Poppcea, was passed, with the view of restraining celibacy,; which had become almost universal. § 15 . The Parental Authority. Adoption. Arroga- tion. 156 . With a valid marriagf? was connected the patria potestas, which even ir? cases of adoption and arrogation, was very extended. Arrogation was used in the case of independent persons, and took place at 'the Comitia curiataHn presence of the Pontifex maxi- mus. By Adoption; dependent persons and minors were transferred to another guardian. It was con- cluded in presence of a magistrate by a threefold act of mancipation ( 146 ). We read also of adoption by will, or declaring a person heir of the testator on condition of his taking the same name. The father had the right of putting to death, scourging, selling, and disinheriting his adult children, and, under certain restrictions, of exposing new-born infants^ 157 . All property acquired by a son in patria potestate belonged to the father, who nevertheless^was no( obliged to dis- charge debts contracted by his children. Sometimes, however, the father granted to his son a private allow- ance ( peculium ), which he might resume at pleasure, or inherit in case of the son’s death. The parental authority (was forfeited by the father’s or son’s losing the freedom of the city; by arrogation on the side of the father, or adoption on that of the sons by the mar- riage of the daughter ; or lastly by emancipation, which was effected by a threefold act of mancipation ( 146 ) and manumission. ADMINISTRATION OF THE STATE. 83 § 18. Agnatio, Cognatio, Affinitas. 158. In a legal point of view, a distinction was drawn between agnatio, cognatio, and affinitas. (1) ; Agnatio was that affinity which conferred a com- munity of civil rights on persons connected by blood in the male line, e. g. sons of the same father, or cousins whose fathers were brothers) The Agnates enjoyed the right of, inheritance, and the tutela, or guardianship of minors, (2) Cognatio was the general term for the natural relationship ; hence for such rela- tionship as it existed between peregrini, capite demi- nuti, and blood relations in the female line, e. g. between the mother’s brother and sister’s daughter. (3) Affini- tas was connexion by marriage. These two last had very little legal importance in ancient times, but were afterwards by the praetorian law pronounced valid grounds for a claim of inheritance or guardianship. § 17. Gentilitas. 159. By the term gentes in the most ancient times were understood those great alliances or clanships be- tween Roman Patricians, which were held together by nomen, sacra, inheritance, or other bonds of union) To such a gens the clientes were attached as subordi- nate members. The Patricians alone claimed the term gens,, alt hough similar alliances probably existed among therlebeians ; and when at a later period marriages were contracted between patrician and plebeian fami- lies, doubtful questions would arise respecting the right of gentilitas. § 18. Guardianship. 160. The guardianship of minors, 5 or the adminis tration of their property, was either settled by will, or 5 Impuberes and minores must not be confounded. The age of puler- tas . . . when the tutela ceased, ended, according to Justinian’s Code, at fourteen for a male, twelve for a female. They were minores till twenty- five. 64 MANUAL OF ROMAN ANTIQUITIES. fell to the nearest agnah (158), or, in default cf any such, was fixed by the magistrate. The guardian who discharged his office unfaithfully was condemned by the laws of the Twelve Tables to forfeit double the amount of the property wasted, and was also subject to a certain description of infamy ( turpe judicium tutelce). The guardianship also of women, whethet widows or unmarried (both of whom were styled viduce), was either conferred by will, or by their own choice, if the will permitted such an arrangement, or by the nearest agnates (158) or the decree of a magis- trate. 161. Women, however, of full age might them- selves manage their property, and only under peculiar circumstances required the auctoritas of a guardian ; in cases, for instance, where legal proceedings accord- ing to the old strict forms were requisite. For lunatics, persons of weak understanding, and spendthrifts, cura- tores were sometimes appointed on the application of the family. These curatores were charged with the management of the ward’s property, and were respon- sible for the due discharge of their office. Minors abo received a curator nominated by the Praetor. § 19. The ancient Right of Inheritance. 162. The old strict law of inheritance required that the testator should possess, through the commercium, the full right of making a will ( testamenti f actio), from which all were excluded who were in the potestas or manus of another, as well as all peregrini, minors, and women who were under tutela or curatio (161). No peregrinus could be named as. an heir. The rights of inheritance possessed by females were circumscribed by the lex Voconia, in which among other provisions it was enacted thatCno person whose property amounted to 109,000 sesterces should make a woman his sole heir, or bequeath her more than the half in the form of a legacy. 163. In the time of Augustus, ccelibes and orbi were excluded from the right of inheritance. At a very early period we find three descriptions of will * ADMINISTRATION OF THE STATE. 85 (1)\ the testament in the Comitia calata, which were held twice a year for this purpose'; (2) in procinctu, verbally in the presence of witnesses, a mode employed in time of war; (3) per ces et lilrram, by a fictitious sale to the heir. This last description was retained the longest. The inheritance was either devised to one persofi only ( hceres ex asse ), or there were several cohceredes (e. g. hceres ex do dr ante 6 ), sometimes the will designated a hceres secundus. 164. A testament was invalid ( testamentum rumpitur), if the testator had lost the commercium, or made a more recent will, if the heirs were unablp or unwilling to take possession of the inheritance, or if an agnate (158) was born after the execution of the will. If a man died intestate, his natural heirs were his wife and children (who had been in manu and potestate), and in default of such, his nearest agnates, or failing those his gentiles. The in- heritance of a freed man, who left no natural heirs ( sui)i fell to his patron. §20. The Prcetorian Laic of Inneritance. 165. As many of the provisions of the. civil law of inheritance were exceedingly unjust, e.,g4the exclusion of cognall/ and emancipated children) these severe clauses were in various ways softened and modified by the praetorian law. Hence the praetorian rule of suc- cession, by which the bonorum possessio was estab- lished, which, however, did not constitute ownership without usucapio (146). The praetorian testament/ was in writing but was not valid against an older disposi- tion according to the civil law. Sometimes the Praetor granted bonorum possessio contra tabulas, by which he conferred the right of inheritance on the nearest rela- tions, who had been passed over in the will, but not expressly disinherited ; or secundum tabulas, by which 6 The As (— 12 uiicii e) representing the whole property, the dodrans (= 9 uncia) represented (-jV = ) f of the whole estate. The similar phrases will b« easily determined by consulting the division of the As D 155. 86 MANUAL OF ROMAN ANTICIUITIES. it was granted to them, notwithstanding the informality of a will in a strict legal point of view, provided only that it were in writing and contained the usual expres- sions. Judicia Privata. §21. Lsgis Actiones. 166. The proceedings of the Roman tribunals were conducted viva voce, and consisted partly in the de- cision of legal questions by the magistrate ( in jure), and partly in the investigation of the fact by judices (in judicio). The most-ancient forms of legal process were / the legis actiones, i. e. certain introductory formulae founded on the'words of the law, and various symbolical ceremonies. They concerned only cives, and required the personal appearance of the parties' ( rei apud Cic.V actor, petitor ; reus, is unde petitur). The smallest departure from the established form involved the loss of the suit. Among the various forms the most important, and that which was longest retained, was the legis actio sacramentol in which a pecuniary^deposit was made by each party. The gainer of the cause received his money back, whilst that of the loser escheated to the public exchequer. 167. To this were frequently added, in pleas in rem , the vindicice, a symbolic form, by which each party asserted his right to the subject of dispute, by laying his hand on it, upon which the Praetor assigned the possession provisionally until the question was decided. In the case of immoveable property, or of objects which could not be brought entire into court, the two parties either adjourned to the spot, accompanied by the Praetor, or brought into court a portion of the dis- puted possession, for instance a sheep from a flock, or a clod ( gleba ) from a farm. ADMINISTRATION OF TIIS STATE § 22. Formulce actionum. 188. At a later period the old legis actiones were gi ad u ally discontinued, and only the legis actio sacra- ment'^ retained in particular cases ; for instance, as the form in which proceedings were commenced before the tribunal of the Centumviri. The symbolic forms were at the same time abolished, and in their place were introduced a series of new forms of pleading? (actiones), which werA admitted into the Edict, and one of which was applicable to each case. These more varied forms were frequently by a legal fiction connected with the older system, that being assumed as fact, which did not in reality exist ; an arrangement by which property might be protected in many cases where ownership could not be established by the strict provisions of the civil laws ; and persons ( peregrini for instance) might acquire the right of pleading, which without -such an arrangement they could not possess by the strict letter of the law. 169. It was incumbent on the plaintiff! to choose that actio which was applicable to his case. An error in form in this respect yras fatal to the cause ( causa cadere), or at least occasioned its postpone- ment it was therefore necessary to have legal advice on this point. For instance, if the complaint related to a certum, the plaintiff was nonsuited if he claimed more than his due (plus petere). If the cause was not thus rejected, the plaintiff received a formula,: or written nomination of a judge) together with a setting forth of the fact, and the form of sentence which was to follow the fact, if proved, which was left to the judge for further investigation. 170. (These parts are according to Gaius (iv. § 39, p. 116; ed. Bonn.), (1) Demonstra- ',io = ‘ea pars formulae, quae praecipue ideo inseritur, ut demonstretur res, de qua agitur.’ (2) Intentio = ‘ea pars formulae, qua actor desiderium suum con- clude.’ (3) Adjudicatio — ‘ea pars formulae, qua per- mittitur judici rem alicui ex litigatoribus adjudicare.’ (4) Condemnatio — ‘ea pars formulae, qua judici con- iemnandi absolvendive potestas permittitur.’ All these 68 MANUAL OF ROMAN ANTIQUITIES. parts were not found in every formula.) Both the pleadings and the judgment in every actio which sought to recover from the defendant, stated a sum of money, pecunia certa or incerta, even although the matter in dispute might be something else, a slave for instance. 171. To these formulae were frequently added pra- scriptiones or exceptiones, i. e. certain conditional clauses inserted by the magistrates on the prayer of either of the parties ( postulare , dare exceptionem) , e. g. ea res agatur, cujus rei dies fuit, with reference to a payment due by instalments (the action being for the recovery of instalments then due, this exceptio had the effect of leaving the question with respect to future instalments still open) ; or in form of an exception, e. g. si in ed re nihil dolo malo Auli Agerii factum sit neque fiat. The investigation of the fact on which the exception was founded, belonged to the judge. §23. Subject continued. Proceedings injure. 172. The proceedings commenced with the in jus vocatio, a summons which in ancient times had a sort of compulsory force dependent on the performance of certain ceremonial observances defined by the law (; mantis injectio). Afterwards other forms of summons were introduced, particularly by padimonium, or the deposit of security by the defendant for his appearance in court at an appointed time ( vadari aliquem, vadimo- nium promittere, sistere, deserere 7 ). 173. When the magistrate and counsel were instructed by these pre- liminary proceedings concerning the character of the actio which the plaintiff desired to adopt, and in cases of necessity the oath against false accusation had been administered ; then, if the matter could not be settled summarily, a 'day was appointed for the appearance of the parties in court, and on that day the proceedings 7 Vadimonium promittere, belonged to the defendant ; vadari, was the act of the plaintiff who accepted the security, vadimonium sistere, is to appear in court as bound to do by these recogj nuances ; vadimonium deserere, not to appear on the appointed day. ADMINISTRATION OF THE STATE. 89 commenced either with a confession in court, or the administration of an oath;. In the writ a judex was named, whom.; the plaintiff seems to have had the right of proposing, but who might be objected to by the defendant on the ground of partiality in this form, iniquum ej-Sro. Sometimes several judges were ap- pointed (recuperators' 3 ) . Lastly the proceedings in jurd concluded with a litis contestation by which the waywvas prepared for the (actual trial, or) proceedings fin judicial') l J § 24 . Proceedings in judicio. 174 . The proceedings in judicio, which consisted of lengthened pleadings, might be concluded in one day or continued for several. The case was proved partly by witnesses,: who deposed on oath, and might be cross-examined by the other side, and partly by documentary evidence ( tabulae , literce, codices accepti et expensi . 8 9 By the old legis actiones the personal attendance of both parties was requisite ( nemo alieno pontine lege agere potest) ; but the process by formulae allowed them to be represented by cognitores, i. e. certain authorized agents chosen in proper form in presence of the opposite party, and by procurators, whose nomination was more simple. At the close of the proceedings; the judge might either postpone his decision, or decline to pronounce any’. (non liquet), or he might deliver his sentence, against which, until the times of the empire, there was no appeal, the victori- ous party having! an exceptio rei judicatce . 175 . Still there were means) of reversing an unjust sentence; for instance, the interposition of some magistrate of equal or superior rank, or of the Tribunes; and sometimes the form of process might be vicious : for example, when the matter had been tried before an incompetent 8 Hence the formula began with Judex esto — ; or Recuperatorea a unto — . 9 Tabula justce and codices accepti et expensi were ledgers, into which the items of an account were transferred from the adversaria ot day-boolc, in which they were first posted. 90 MANUAL OF ROMAN ANTIQUITIES. magistrate. The operation of the sentence was some- times enforced by a sponsio poenalis. Certain descrip- tions of condemnation, e. g. judicium tutelce and man- dati, were attended with infamy ( judicium turpe ). Non-appearance occasioned the loss of a caused There were several modes of discouraging unnecessary or pettifogging actions ; such as the condemnatio in dup- lum, or the judicium calumnies, by which a pecuniary penalty was incurred. If the sentence were not obey- ed, a decree of the Praetor’s followed, e. g. missio in bona venditionis causa, by which the'judgment of the court was carried into full effect. § 25. The Interdicta of the Prcetor. 17G. One peculiar form of action, or of commenc- ing an action, was the interdicta of the Praetor, that is, a preliminary writ, in which, on the petition of the one party, he enjoined or forbade something to the other ; certain facts being presupposed, which might become the subject of a judicial investigation, and a process ex interdicto. J u d i c i a P u b 1 i c a . § 26. Criminal Proceedings. 177. The judicia publica had reference especially to such acts as were considered to be productive of danger to the freedom and security of the state, or in- jurious to the interests of the citizens in general They were originally conducted by inquisitors (subject to the supreme authority of the Kings) who were nominated to that office ( queestores parricidii) , and of judges [decemviri), with an appeal to the people. After the expulsion of the Kings, these courts were presided over by the Consuls or Praetors'; or by Qucesitores especially appointed. Capital offenders were tried judicio populi on the requisition of the Qucesitores (Liv. 2. 41.) ADMINISTRATION OF THE STATE. 91 After the introduction of the Tribuneship, persons who had invaded the rights of the people were sometimes summoned by their Tribunes before the popular courts of the Comitia tributa, and there condemned, as in the cases of Coriolanus and Caeso Quinctius. 178. This \ practice was afterwards abandoned in compliance with the laws of the Twelve Tables, which provided that capital offences should be tried only in the Comitia centuriata ; and the Comitia tributa merely retained (the right of inflicting a fine, as in the case of Camillus. In consequence of the great number of offences, the so-called qucestiones perpetuce were introduced (about the year b. c. 144) for the trial of certain felonies. These were conducted/ by the four Praetors {qucesi- tores, qucestioni prceefstM but afterwards also bjjudices qucestionis \ especially nominated to that duty, who managed the proceedings injure (172, 173), the inves- tigation of the fact being left to the sam ejudices who decided private causes. The immediate judicial au- thority of the people now declined by degrees j whilst the qucestiones perpetuce steadily increased in impor- tance, and continued for a time even under the Em- perors. 179. The Senate had no judicial authority, strictly speaking, over the persons of citizens, but in extraordinary cases such a right was frequently as- serted, e. g. against the Gracchi and Catiline’s accom- plices. Under Ae Emperors ..it was invested with judicial authority in cases of high treason. The prce- fectus zirZus had' also a criminal jurisdiction, subject to an appeal to the Emperor as supreme judge. During the Republic, the criminal jurisdiction beyond the walls of the city (except in capital prosecutions) was exer- , cised by the municipal authorities, and in the provinces by the governor. § 27. Form of Criminal Proceedings. 180. None but Magistrates could appear before the popular tribunals as accusatores. Sentence was passed according to the usual comitial form. On the other 92 MANUAL OF ROMAN ANTIGUITIES. hand, any citizen might act as prosecutor in the Pras- ' tor’s court; and although it was esteemed dishonorable i to make a trade of these prosecutions, yet to come forward on any single occasion as the denouncer of one who had violated the laws of his country, was a I respectable office ; and in some cases men were even j encouraged to undertake it by the promise of rewards from the state. If more than one prosecutor offered || themselves, the principal prosecutor was determined by means of a previous investigation ( divinatio ), and !| the others were then styled subscriptores. 181. The prosecutor commenced his proceedings by a postulatio 1 before the Praetor, at which the name of the accused was given in ( delatio nominis) according to a settled form. After the oath had been administered, by which the prosecutor swore that he was not, to the best of his knowledge, about to make a false accusation ( calum - nia), the receptio nominis by the magistrate took place. A day was then fixed for trying the question in judicio. The judges were selected from the decuriee judicum, and required to take an oath. Their number varied (in most cases however exceeding 50), as well as the forms observed in their election, which generally was by lot, the contending parties having equally the right of challenge. Then followed the trial itself, which latterly was divided in most cases into two portions ( prima et secunda actio). 182. In criminal proceed- ings persons might be compelled to bear witness, but (by the lex Julia) not against their nearest relations. The examination ( qu ( gradu militari incedere > signa sequi). Scouts [speculator es) were sent out. The camp-followers, in the latter days of the Republic, when luxury had begun to find its way even into the army, were often very numerous, con- sisting of scribcB, fabri, agasones, calones, lixce, &c. § 9. Encampments . 234. On a march the Romans were accustomed every night to construct and fortify an encampment ( castra facere, ponere ), the site of which had been previously surveyed and marked out ( castra metari). 8 The standards gave the signals for the movements of the army. Hence signa con f err e (to engage), inf err e (to advance against the ene- my), referre (to retreat) movere (to march) convellere (to break up the samp ; to decamp), convcrtere (to face about), &c. ADMINISTRATION OF THE STATE. 113 The camps intended for larger occupation ( castra sta- tiva, cestiva, hiberna), were of course fortified more carefully : many of the cities, especially on the Rhine and Danube, owed their origin to the great stationary pamps which were scattered through the provinces. The encampment was generally a parallelogram, sur- L-rounded with a trench ( fossa), and mound (agger), with stockades (valli, collectively vallum (the rampart). It had four gates, prcetoria, opposite the enemy ; decu- mana, in the reamjand the two side-gates principalis dextra and sinistra, at each extremity of the principal passage through the campy This broad lane divided it into two parts, the pars superior, being nearest the porta prcetoria, and containing the quarters of the Commander-in-chief (prcetorium) , as well as the tents of the superior officers and picked soldiers. The rest of the troops were quartered in the other division 9 (pars inferior). 235. In winter the tents (tentoria) were covered with skins (sub pellibus durare , Liv. 5. 3). Each tent was occupied, generally speaking, by ten soldiers 5 with their decanus or subaltern officer (contubernium, contubernales) . The rows of tents were separated by vice, and between them and the rampart there Was- an open space ; sentinels were post- ed on the rampart and at the gates (stationes, custodies, vigilice, excubice), and were inspected by the officers who made the rounds. The signals were given by means of wind instruments,, tuba, cornu, buccina, in the infantry, and lituus in the cavalry. In the camp all sorts of military exercises were practised. When the signal was given for breaking up the camp, the bag- gage was collected (vasa colligere) and laid on beasts of burden, and the army commenced its march. § 10. Battles , 236. The order of battle generally consisted of three lines, hastati, principes, and triarii, (226), posted This arrangement was afterwards altered. 114 MANUAL OF ROMAN ANTIQUITIES. at a certain distance from each other, and divided into maniples and afterwards into cohorts. The inter- vals between these were covered by the next line, so that they stood in the form of a quincunx. The open spaces seem to have been occupied by the light troops. The legions were in the centre ( media acies) ; the cavalry, allies, and auxiliary troops formed the wings (cornua). Circumstances, however, sometimes rendered a different order of battle expedient ; such, for instance, as the cuneus, or wedge, for attack ; the orbis, for a sudden assault or movement to surround the enemy; and the testudo, a compact figure, chiefly employed in sieges ; the whole body being covered, as with a roof, by the shields of the men. 237. The General was attended by a corps of picked men (cohors prcetoria). Before the battle, he consulted the auspi- cia, and generally addressed some words of .encourage- ment to the soldiers, after which he gave the signal for attack. The battle generally began with a battle-cry, and was ‘ frequently sustained at first, by the light- armed troops, and with missile weapons, but, after a time, the heavy-armed also took part in the engage- ment. If it was necessary to retire, the retreat was sounded ( 'receptui canere). § 11 . Attach ancl Defence of Fortified Places. 238. The art of attacking fortified places, from an insignificant beginning, was gradually brought to great perfection by the Romans. They were carried either by storm ( oppugnare ) or by blockade ( obsidere ). The army invested the city (coronh cingere, circumdUre urbem, urbem obsidione claudere), and, in the first in- stance, advanced in the form of a testudo (237), and assailed . the gates and rampart (succedere portis). Sometimes the city\was surrounded by strongly fortifi- ed lines of circumvallation, so as at once to protect the besiegers against sallies, and prevent reinforcements from being sent into the place. Within these lines was a moveable rampart (agger) of earth, wood, and ADMINISTRATION OF THE STATE. 115 stones, which was advanced nearer and nearer to the city, and raised to a greater height than the walls, that the assault might be made from its summit. 239. On this mound were erected towers of several stories ( contabulatcB turres), from which stones and other missiles, as well as combustible substances ( falaricce , malleoli) were discharged on the besieged by means of engines (tormenta, balistce, catapultce) . Other tow- ers were moveable, and were brought forward on roll- ers or wheels (turres ambulatories) . These towers had generally, on the lowest story, a battering ram ( aries ), which was swung backwards and forwards against the wall of the besieged city ; and in the mid- dle a bridge, which was let down on the wall, whilst the soldiers stood above armed with javelins and other missiles. 240. The other engines employed in sieges were the vinea, a sort of shed, composed of stakes and wattles, covered with hides, and pushed forwards on wheels, under which was generally hung the aries ; and the tolleno, a basket, in which the soldiers were drawn up into the place. Wherever the nature of the ground permitted, mines ( cuniculi ) w 7 ere sunk, by means of which the besiegers either sapped the foundatio'ns of the walls, or forced their way into the city. The besieged, on their part, often made sallies, or threw down stones and combustibles, for the purpose of kill- ing the besiegers, or disabling their engines. The mines were met by countermines. § 12. Military Reivards and Punishments. 241. Besides their share of the booty captured from the enemy, the Roman soldiers received certain re- wards peculiarly military ; such as the corona civica, a crown of oak-leaves, presented to him who had saved the life of a citizen ; vallaris or castrensis, bestowed on the soldier who first entered the enemy’s camp ; muralis, for him who first scaled the walls ; obsidion- alis or graminea, for him who had relieved a besieged city, or an army surrounded by the enemy. Such a 116 MANUAL OF ROMAN ANTIQUITIES. crown was presented to P. Decius by the soldiers, b. c. 343, for his services in rescuing a Roman army, which had been surrounded, in addition to a crown of gold, one hundred oxen and a white steed with gilded horns given to him by the Consul. 242. The other rewards were weapons of honor, hasta pura, vexillum, phalerce, aurece torques, &c. These gifts were distributed by the commander-in-chief, in presence of the whole army. We sometimes hear also of an increase of allowance, or of pay, being granted by way of reward. Sulla introduced a new mode of rewarding the soldiery, by granting allotments of land to his veterans. The mili- tary punishments were, stoppage or diminution of pay or rations, degradation, cudgelling to death, and decap- itation. In cases of mutiny, it was sometimes the practice to decimate the offenders by lot (Liv. 2. 59). § 13. Thanksgivings — Triumphs —Memorials of Victory. 243. The highest rewards that could be conferred on a general were, that he should be saluted as Imp era- tor by his victorious army, that thanksgivings should be decreed by the Senate, ( supplicationes , gratula- tiones ) and celebrated at Rome, and that he should be honoured with a triumph ; a distinction conferred by the Senate, and recognized in its more simple form at a very early period. The conditions of a justus tri- umphus (according to a lex triumphalis ) were, that the individual on whom it was conferred, should, as Com- mander-in-chief (suis auspiciis) in a war regularly declared according to law against a foreign enemy (justo et hostili hello), have extended the boundaries of the empire, and destroyed more than 5000 enemies. The general was required to prove that he had fulfilled these conditions. 244. This being done, the proces- sion moved from the Campus Martius along the via triumphalis, through the porta triumphalis, to the Capitolium, in the following order : a band of musi- cians, beasts for sacrifice, spoils taken in the war ADMINISTRATION OF THE STATE. 117 models of the captured cities, the prisoners, lictors with their fasces wreathed with laurel, the general in a toga picta, and tunica palmata, with a chaplet of laurel on his head, in a richly ornamented chariot drawn by four white horses. Last of all came the victorious army. On the Capitol the general offered up solemn prayer and sacrifices to Jupiter. This was succeeded by banquets and other festivities. In later times, the triumphs were celebrated with excessive magnificence ( triumpliare ; agere, deportare triumphum), e. g. by Scipio Africanus, fEmilius Paullus, Sulla, Pompey, and Caesar. 245. We find instances of generals, who, being unable to have their triumph in Rome, celebrated it on the Alban Mount.. Under the Empire, the tri- umph was almost exclusively reserved for the general, and was often abused. There was an inferior sort of triumph called an ovatio (from ovis ), in which the emperor marched through the city on foot or on horse- back, with a chaplet of myrtle on his head, and sacri- ficed a sheep. Victories were commemorated by the erection of tropcea, which, at first, were trunks of trees, and, afterwards, statues of marble or brass, hung round with weapons taken from the enemy. They had also triumphal arches and columns. Sometimes the conquered foes were compelled, by way of mockery, to pass under a yoke (sub jugum mittere, Liv. 3, 28). § 14. Military Affairs under the Emperors. 246. From the time of Augustus, there existed a standing army composed of citizens, provincials, and allies. Under the Empire, the legions were recruited almost entirely from the provinces. The pay was raised, and the Praetorian cohorts received twice as much as the others. After a time, the legions consisted almost entirely of foreigners, who had entered the Roman service either as volunteers or compulsory recruits ; and thus the fate of Rome became, at last, dependent on the will of barbarian mercenaries. 118 MANUAL OP ROMAN ANTIQUITIES. § 15. The Navy. 247. The first traces of a fleet are found in the year b. c. 310; but it was not until the Punic wars that Rome seemed, strictly speaking, to have become a naval power. In the year b. c. 260, the- Consul C. Duilius overcame the Carthaginian fleet. The naval force of the Romans remained, nevertheless, in a very incomplete state until the latter days of the Republic, when it gradually acquired importance. Standing fleets were maintained by the Emperors. The fleet consisted partly of large ships-of-war ( naves longce, triremes, quinquer ernes), partly of a lighter description of vessels ( actuaries , Liburnce, the latter a sort of brigantine, very sharp in the bows, with heavy beaks ; adopted by the Romans after the battle of Actium), and transports ( onerariae ). The ships of war had beaks (rostra), with which they endeavoured to sink the enemy. Attempts were also made to set his ships on fire, or to board them by means of grappling irons (ferrece manus, harpagones, corvi). 248. The naval service was less respectable than that of the army, the ships being often manned by citizens of the lowest class, and even by freed-men and slaves. The sailors were called nautce, remiges, socii navales ; and the marines, who were latterly a distinct corps raised especially for that service, wei'e termed classiarii and epibatce. The allies were sometimes obliged to furnish ships and sailors. The admiral (dux, prcefectus classi) was generally a Consul ; his ship was called navis pree- toria; the other ships were usually commanded by a Tribune, or a Centurion, assisted by gubernatores and hortatores, who directed the rowers. In winter, the ships were hauled up on land ( subducere naves ; dedu- cere is usually to haul them back again into the sea). The harbours were often strongly fortified, and pro- vided with docks ( navalia ). Mention is sometimes made of a triumphus navalis and a corona navalis. ADMINISTRATION OF THE STATE. 119 E . Religion . § 1 . Characteristics of the Roman Religion. 249. The chief characteristic of the Roman religion was profound veneration for certain divine beings, whose nature was dark and mysterious, but who exer- cised a wide spreading and decided influence over the fates, not only of individuals, but of families, and even of the state itself. We find here neither a system of dogmatical speculations concerning the essence of the godhead, nor a picture of their lives and actions, freely sketched by fancy ; but the grave and practical char- acter of the people may be detected in the purity and severity with which the representations of their su- preme beings are drawn, and in the distinct expression of their own feelings of dependence upon them. This feeling discloses itself in a variety of sacred usages, which were observed with the most rigid exactness, in accordance with their published ritual, and the law and customs of their forefathers, by which certain words and forms were enjoined. It was also shown in their prayers, vows, thanksgivings, sacrifices, feasts, and games in honour of the gods ; and lastly, in the inves- tigation of numberless signs, which they believed to be revelations of the will of a godhead which pervaded all nature ; and in the expiations appointed for averting the evils threatened by unfavourable omens. § 2 . Relation of Religion to the State. 250. The religion of Rome was inseparably inter- woven with her civil polity, both developing themselves simultaneously. Their form of worship was partly public for the whole nation, partly private, for particu- lar persons or families ; and was maintained by a code of ecclesiastical laws. Like the other Roman institu- tions, it was originally framed with reference to the city and its district ; and the ancient forms were retained, even when the character of the government was altered. 120 MANUAL OF ROMAN ANTIOUITIES. § 3 . Religious Sentiments of the Romans. 251 . The Romans were tolerant .towards strange religions, never forcing their own belief and forms of worship on other nations ; but, on the other hand, they endeavoured,, as soon as their own religion had acquired a certain degree of stability, to secure it, as a national establishment, from any admixture of foreign creeds ( superstitio ) : it was, however, sometimes deemed ex- pedient to incorporate, by a public resolution, the wor- ship of some foreign divinity into the Roman ritual. The moral fruits of their religion were pietas ; i. e. the discharge of the duties towards gods and men, and towards parents, relations, friends, and even strangers, especially guests, together with the avoidance of all falsehood, treachery, and violation of their promises and compacts . 1 § 4 . History of Religion. 252 . The most ancient religious worship was of Latin and Etruscan origin ; but, at a very early period, the national religion was overlaid and obscured by the creed imported from Greece, to such an extent, that it is scarcely possible to reduce the combination to its original elements. As the Romans gradually felt the influence of Grecian civilization, their childlike belief in the truth of the theology handed down to them from their ancestors, and in the importance of their ceremonial law, began to disappear, first from the minds of the more enlightened, and afterwards, of the people in general. A philosophic religion was now adopted by the learned in the room of positive belief, whilst the common people eagerly embraced every form of Egyptian and Asiatic superstition. Yet re- ligion was upheld by the deeply rooted veneration which every Roman entertained for the laws and ! Oaths were -administered in judicial proceedings; but we are noi accurately acquainted with the form. ADMINISTRATION OF THE STATE. 121 institutions of his loiefathers, long after all belief in its truth had disappeared ; and even under the Empire, attempts were not wanting to revive its expiring influ- ence over the minds of the people. The Gods. § 5 . DU Consentes , 2 253 . The names of the twelve higher divinities, or Dii consentes, are contained in the following verses of Ennius : — Juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, Mercurius, Jovi’, Neptunus, Vulcanus, Apollo. Jupiter. The principal temple of Jupiter, dedicated also to Juno and Minerva, was erected by Tarquinius Priscus on the Capiiolium His appellations were, Optimus, Maximus, Stator, Feretrius, Capitolinus, Latiaris (with a festival termed the Ferice Latinos, on the Alban Mount). Diespiter. Sacrifices were offered to him by the Consuls when they entered on their office, by the generals on their setting out and return from war, and by conquerors, when they celebrated their triumph. The Ides were dedicated to him. Juno. An Etruscan Juno had a temple at Yeii, and after the de- struction of that city her statue was brought to Rome (Liv. 5 . 21 , 22 ); her names were, Regina, Luclna, Pronuba, Moneta ; and her festival, the Matronalia, on the first of March. The Calends were sacred to her. 254 . Minerva. The name seems Etruscan. The Palladium, or image of this goddess, was brought, according to tradition, into Italy by iEneas, and care- fully preserved in the temple of Yesta. Vesta. Her 2 As it is no easy matter to classify these deities, we have here con- tented ourselves with enumerating the principal gods and goddesses wor- shipped at Rome. 6 122 MANUAL OF ROMAN ANTIQUITIES. worship, according to the legend, was brought to Italy by .ZEneas, and introduced into Rome by Numa. In her round temple, which stood in the forum midway between the Capitoline and Palatine hills, there was no statue of the goddess, but an ever-burning fire, which was fed by the Vestal virgins. Ceres. A few years after the expulsion of the Kings, a temple is said to have been dedicated at Rome to Ceres, Liber, and Libera. Festival : the Cerealia, in the month of April, with games in the Circus. Her worship seems, in the more ancient times, to have had especial reference to the condition of the Plebeians. Neptunus. Temple on the Campus Martius. 255. Venus, jthe mother of JEneas, and ancestress of the Julian family, especially honoured from the time of Julius Caesar. Genitrex. _ Mars or Mayors, the father of Romulus and Remus. Gradivus. His shield. ( ancile ) which fell from heaven, in the reign of Nuraa, was preserved in his temple, of which the Salii were priests! Bellona is mentioned as his sister or com- panions In her temple, on the Campus Martius'/the Senate decreed triumphs, and received foreign ambas- sadors. Vulcanus. Mulciber. The Volcanalia, in August. Apollo had "several temples at Rome. The most celebrated of these was the Palatine, erected by Augustus, and furnished with a library. Ludi Apolli- nares were introduced in the second Punic war. Diana. According to Livy 1. 45, this goddess had a temple on the Aventine, dedicated by Servius Tullius, for the "common worship of the Romans and Latins. Afterwards, several other temples were erected to her. § 6. The Dii Selecti. 256. Saturnus, an ancient Italian deity, whose story coincides with the myths of the god Kron e's':, When he was expelled from heaven, he is said to have taken refuge in Italy, where he was hospitably received by Janus, and reigned in Latium during the golden age. Saturnalia, in December, a general revel, in which ADMINISTRATION OF THE STATE. 12S (jslaves played a conspicuous part (being excused their ordinary work, allowed to wear the pilaus, a badge of freedom, to speak their minds freely, and to be served at table by their masters). / His wife was Ops( 257. Janus,, an Etruscan celestial deity, j or, per- haps, an Italian god, ,who presided over gates and doors^ Among the Romans, the commencement of all undertakings were supposed to be under his protec- tion. The “Janus,” mentioned by Livy (1, 19), as being open in war, and closed in peace, seems to have been a gate in the foruml There were at Rome many such gates or arched thoroughfares ( jani ). He is represented Avith two heads ( Janus bifrons, biceps). His principal feast 1 was oil New Year’s Day v Rhea or Cybele, mater Plain, magna mater. Honoured at Rome,' in obedience to the injunctions of the Sibylline books,' since the year b. c. 205,; when ambassadors were sent to King; Attalus, to bring the image of the goddess, a square stone, from Pessinus. . She had a temple and feast of hev own (filegalesia) at Rome. Her priests were called Galli. c 258. Pluto. fl)is, with Proserpina, and other in- fernal deitiel In the Comitium was a subterranean vault, which was supposed to be the -entrance to the lower world, and was opened three times a year. The days on which this took place were esteemed unlucky. Bacchus. Liber. The Bacchanalia, or riotous festival of this god, were abolished by a decree of the Senate b. c. 188. Sol, often confounded by the Romans as well as the Greeks with Apollo, as, 'Luna with Diana. Genius,,, a being which was supposed to attend man from the-cyadle to the grave) and share his joys and sorrows. (The Romans were accustomed to swear by their genius, and to propitiate him with oblations of wine, flowers, and rye, particularly on the Saturnalia (256) and on birthdays. § 7. Other Beings to whom divine honours were paid. 259. Terminus /an ancient Italian god] whose deifi- cation is ascribed !, -to Numa) His altar was (on the 124 MANUAL OF ROMAN ANTIQUITIES. Capitoline hill, from which, as tradition relates, he re- fused to stir, when T arquin wished to remove some of the smaller chapels in order to make pom for a temple of Jupiter. (Liv. 1, 55.) Consus, (the god of secret counsels, confounded with Neptunus equester. He seems to have had a subterraneous altar. The Consualia were games of the Circus celebrated in August. Deus Fidius, originally Semo or Semo Sanc- tus, the god of contract^ and protector of popular rights ; an ancient Sabine Deity. In later times we often find him confounded with Hercules, whose wor- ship, according to tradition, was introduced by Evan- der. (Liv. 1, 7.) 260. Quiiunus ; perhaps also a Sabine deity. The name seems to have been givefi to Rqmulus after his apotheosis. Vertumnus, a Tuscan god, who presided over agriculture and gardening. His wife was Pomo- na. Flora, the goddess of flowers. Faunus, a rural deity, often confounded with Pan \(Lupercus), an Ar- cadian pastoral god, whose worship, according to tradition, was introduced into Italy by Evander ( Lu - percalid). His wife was Fauna, confounded with OpsJ Cybgle, and Bona Dea, whose feast was celebrated only by women in the Praetor’s house-.; 261. Silvanus, (Liv. 2, lA an Italian god of the woods. Pales,' a pastoral god,,whose feast ( Parilia ), April 21, was considered the birthday of Rome. Lares, Guardians of the house; properly the peaceful and beneficent spirits of the dead. Their statues stood on the hearth. On festival daj^s oblations of flowers, wine, rye, and wheat, were placed before them. There were also lares viales, rurales, compitales ( Compitalia a feast in December). Penates, in the Penetralia of the temples and houses. Their images stood in the implu- vium. Manes, dii manes,' the souls of the dead, which were honoured as beings of a higher order, and propi- tiated with an annual feast ( feralia ). 262. Besides these there was a crowd of inferior deities, borrowed from the Grecian mythology, e. g. Latina, Castor and Pollux, LeucotMa ( mater matuta) ADMINISTRATION OF THE STATE. 125 and her son Palcemon ( Portumnus ) ; JEsculapius, whose image was brought to Rome by command of the oracle in consequence of a pestilence, and placed in a temple on the banks of the Tiber (b. c. 291). We find also various divinities or personifications, whose personal existence is involved in obscurity ; such as Fortuna ( virilis , muliebris, equestris), Victoria, Pax, Concordia, Pietas, Honos, Pallor et Pavor ; Pudicitia patricia, plebeia ; Dea Roma, &c., whose figures are frequently found on coins;; § 8 . Authority of the Senate in religious affairs. The Senate was charged with the superintendence, development, and political application of religious be- lief and worship. In fulfilment of these duties it re- sisted the introduction of strange forms of worship, forbade the Bacchanalia, decreed the admission of new gods into the calendar of the state, appointed thanks- givings, the examination of the Sibylline books, &c. § 9. Colleges of Priests. Pontifices. 264. The whole of their religious systems, with the regulations respecting festival days, temples, and their revenue, &c., was described (in their ancient books {jus pontificium, commentarii pontificum) which were under the care of a college of Pontifices ) founded by Numa, and presided over by a Pontifex maximus (Liv. 1, 20). They were charged yvith the administration of the ecclesiastical law, and decided questions relating to it ; prescribed the ceremonial of any new public or private worship, prepared the forms for public prayers and vows, interpreted prodigies, inaugurated magis- trates in the Comitia curiata, compiled the fasti, and might inflict punishment by their own authority on persons guilty of offences against religion, 265. The college originally consisted of four members, all of whom were Patrician'? ; but after the passing of the lex Ogulniar, an equal number of Plebeians was ad- 126 MANUAL OF EOMAN ANTiaUlTIES. mitted. 3 During Sulla’s administration the number amounted to fifteen. Under thq Emperors it was in- definite. Their insignia were the toga proetexta and pilous acutus. Under them were a crowd of scribes ( pontifices minores). Tiie especial duty of the Ponti- fex maximus was to superintend the service of Vesta, and the preparation of the Annales Maximi, until the time of P. Mucius Scsevola (Cons. 133). § 10. Triumviri ( afterwards Septemviri) Epulones. 266. After the year b. c. 198 these officers were charged with the management of the banquets at the great festivals, which before that time had been super- intended by the Pontifices. §11. The Augurs. 267. The Augurs, an office introduced by Numa, and probably of Etruscan origin, were versed in a science derived from tradition and the revelations of their sacred books, through which they interpreted the will of the gods, as manifested by certain appearances. They consecrated men and places, and were consulted On all important occasions. The inspection ( spectio ) was conducted, by a competent magistrate; in conjunc- tion with an Augur, who interpreted the signs which presented, themselves, and whose sentence (obnuntiatio) all were bound to respect. All magistrates had the right of consulting auspices ( auspicia habere; suis auspiciis rem gerere), except the Proconsuls and Pro- praetors. 268. The auspices of the higher functionaries had precedence over those of the lower. In the year b. c. 167 a lex AElia conferred on magistrates the right of preventing the holding of Comitia, by simply ob- serving the signs of the heavens ( servare de carlo'), a method to which they often had recourse, until the privilege was withdrawn, at least in part, by Clodius.t 3 In the year b. c. 252 a Plebeian foi the first time was nominated Pontifex maxinms. ADMINISTRATION OF THE STATE. 12? If any error occurred in the auspices, the college might, by its sentence, pronounce the election void, and annul the laws which had been passed. The per- sons elected were then said to be vitio creati. Even when the belief in the supernatural knowledge of the Augurs had declined, the practice was still retained for political purposes. The number of the Augurs was originally four, but by the Ogulnian law, five Plebeians were added ; and under Sulla it was increased to fif- teen. 269. The public Augurs were highly respected, and were generally men of exalted station. Besides these there were private Augurs, generally Marsians and Sabines, who interpreted all sorts of prodigies for hire. The most important auguries were those derived from birds, from the sky (particularly from lightning) ; and the war auguries, which were drawn from the manner in which fowls ate their food ( tripudium solis- timum, = a favourable omen, when they took it so greedily, that portions fell from their beaks upon the ground). It was customary to observe not only the song ( oscines ), but the flight of birds (cilites prcepStes). PThe Augurs took their station after midnight on some open ground), and after offering sacrifices and prayers, proceeded with veiled heads to trace out in the heavens {ternplum capere 4 ) a particular region with their (crooked staff, called) lituus. (Liv. 1, 18.) § 12. Priests for the Sibylline Books. 270. In the Sibylline Books, which Tarquin, ac- cording to tradition, received from the Cumsean Sibyl, was inscribed, as men believed, the fate of the Roman empire. In great emergencies they were consulted ( adire , inspicere, consulere libros Sibyllinos) on the motion of the Senate and the College of Pontifices, by 4 The ternplum was any place consecrated ly auspices, and appro- priated to them. The expression is applied also to the sky, which was divided by the lituus into certain regions. Most of the cedes sacrce at Rome were templa ; as well as the spots on which important public busi- ness was transacted, such as the curia, rostra, &c. 128 MANUAL Of ROMAN ANTIOUITIES. priests appointed for that purposeAwho also offered the sacrifices prescribed by the books. Their number at first was two ; then ten, five Patrician and five Ple- beian ; and afterwards fifteen ( decemviri sacrorum, quindecemvlri libris Sibyllinis inspiciendis or sacris faciendis). 271. In addition to these duties they were charged with the management of the yearly games in honour of Apollo and Diana, and the Ludi seculares. The Sibylline Books were kept in the temple of Jupi- ter Capitollnus, but after their destruction by fire in the year b. c. 83, fresh Sibylline oracles were compiled, and deposited by order of Augustus in the temple of Apollo. 5 § 13. Fetiales. 272. The Fetiales were a college of priests insti- tuted by Numa, and established on a more regular plan by Ancus Martins , 6 Their business was to conduct the religious ceremonies practised in declarations of war, and when peace was concluded. If any other nation encroached on the Roman frontier, Fetiales were sent to demand satisfaction with the usual cere- monies ( res repetere, clarigatio). If this were not granted within a specified time, war was declared by throwing a lance into the enemy’s territory, a cere- mony which, at a later period, when more distant wars were waged, was performed figuratively in front of the temple of Bellona. 273. The Fetiales were also em- ployed in concluding alliances, and in offering the sacrifices required on such occasions ( icere , ferire foedus, Liv. 1 , 24). Their number was twenty. The President was styled pater patratuk Their influence, at least in later times, was insignificant as compared 6 Another method of ascertaining the decrees of the gods was the sortes sacrcs,, or tablets inscribed with hieroglyphics, which were kept in the temples of Fortuna at Prasneste and Antium, and consulted publicly {sortes ducere). 6 The jus fetiale seeno to have been framed by him on the model of the iEquicolas ADMINISTRATION OF THE STATE. 129 with the four colleges already described. Even as late as the time of the Emperors, mention is made of Fetiales. § 14. Haruspices. 274. The Augurs were accustomed, on public occa- sions, to interpret the will of the gods from certain definite sign's^; whilst, on the other hand, the Haru- spices, who were not a sacred college, employed them- selves in drawing omens from an examination of en- trails ( extispicia ), and in setting before the people the demands ( postulata ) of the gods, and the means (gen- erally hostice majores, novendiale sacrificium 7 ), by which such impending misfortunes might be averted, as were threatened by lightning and other portents ( prodigia , portenta , monstra, ostenta, procurare pro- digia). Their science (haruspiclna) , concerning which, in Cicero’s time, there existed libri Haruspi- cini et fulgurates et rituales, was taught in Etruria in schools from which it was disseminated throughout Italy. From these schools Haruspices were frequently summoned to Rome by the Senate, on the motion of the pontifices. 275. In the latter days of the Republic, the Haruspices acquired greater importance. They often accompanied the army in its campaigns, and were attached to the suite of provincial governors) and even in the time of the Empire, attempts - were made to sustain the Etruscan discipline ; but it was gradually superseded, and thrown into the shade by the astrological and prophetic science of the Magians and Chaldeans. § 15. Rex sacrificulus, Flamines, Curiones. 276. The Rex sacrificulus or sacrorum, who aftei the expulsion of the Kings superintended the religious observances formerly conducted by them, was never- theless subject to the Pontifex. None but Patricians ? See Cicero, Orat. in Cat. 3, 8. 6 * 'SO MANUAL OP ROMAN ANTIQUITIES. could fill this office, nor was it tenable in conjunction with any other appointment., 277. Flatnines. Priests appointed for the temple- service of particular gods, each of whom had ondv There were fifteen of them altogether; of whom the chief were the Flamen Dialis, Martialis, and Quiri- nalis. These were always Patricians. The Flamen Dialis was subject to many peculiar restrictions. The death of his wife ( Flaminica ), by whom he was assisted in the performance of various ceremonies, rendered him, as a matter of course, incapable of retaining office. As the Emperors were gradually deified, the number of Flamens increased very considerably. Cu- riones. Priests for the curiae under a Curio maximus. This office was latterly held by Plebeians as well as Patricians. § 16. Communities of Priests for the service of par- ticular deities — the Vestals. 278. The Virgines Vestales were appointed by Numa to feed the sacred fire, and guard the relics which were kept in the temple of Vesta. They en- joyed important privileges, such as freedom from parental control, a Lictor, a particular seat at the pub- lic shows, and the right of liberating any condemned malefactor, whom they might meet on his way to exe- cution. They were, however, subject to the superin- tendence of the Pontifex maximus, who could inflict a severe punishment on them for suffering the sacred fire to be extinguished, or for unchastity. Vestals con- victed of the last mentioned offence, were buried alive in the Campus sceleratus. 279. The number of Vestal virgins was at first two, then four, and afterwards, when the tribes were increased, was raised to six. They wore a white robe, and a fillet round the head ( infula ). Whenever a vacancy occurred, the Pontifex maximus was required by the lex Papia to find twenty virgins of good family, free from bodily defects, and with various other qualifications, one of whom was ADMINISTRATION OF THE STATE. 131 chosen by lot (capers virginem Vestalem). At a later period they were generally admitted as candidates on the recommendation of their parents. Their term of service was thirty years, at the expiration of which they were permitted to marry. §17. Salii, Luperci, Fratres Arvales, Sodales Titii, Galli. 280. Salii Gradivi, priests of Mars, twelve in number, appointed by Kuma to guard the (sacred shield) anclle which fell from heaven, with the eleven made after the same pattern (to prevent the loss by theft of the genuine one, on the safety of which the existence of Rome was supposed to depend). On the first of March, they performed a solemn dance through the city, singing at the same time the carmen Saliare (Liv. 1, 20). They were exclusively Patricians. Salii Palloris et Pavoris, also Patricians. Their creation is ascribed to Tullius Hostilius. 281. Luperci, priests of Pan, who marched in procession (on the Litpercalia) from the grotto of Pan ( Lupercal ), through the city to the Palatine hill, wrapt in goat-skins. On reaching the hill they offered sacrifice to Pan. The establish- ment of this worship is attributed to Evander (Liv. 1, 5), and was introduced into Rome by Romulus. The Luperci Julii were established by the Senate in honour of Julius Caesar. Fratres Arvales, twelve in number, superintended the great yearly rural sacrifice of purifi- cation, at which they sang a hymn in the ancient lan- guage of Latium. Sodales Titii were appointed for the conservation of the ancient sacred usages of the Sabines. Under Tiberius, there arose Sodales Augus- tales, and others again after the apotheoses of succes- sive Emperors. Galli, priests of Cybele, were Phry- gian eunuchs, who marched in noisy procession through the city on the feast of Cybele, with singing and music, and collected offerings. 132 MANUAL OF ROMAN ANTIQUITIES. § 18. Election of Priests. 282. The colleges of priests were filled up by co- optation. When a Pontifex max’ mus died, his col- leagues elected a Pontifex, and the people chose the Pontifex maximus from the members of the college ; but in the year b. c. 104, it was enacted by the lex Domitia, that the election of priests should be con- ducted by seventeen tribes chosen by lot, and that the person so elected should be confirmed in his office by the co-optation of the college.* Sulla annulled this arrangement ; but it was afterwards re-established. At a later period, the right of nomination was claimed by the Emperor. Bodily defects disqualified for the priest- hood. As the priests were not magistrates, all, with the exception of the Rex sacrif cuius, were permitted to hold a plurality of spiritual, or spiritual and secular offices. The Sacerdotia were tenable for life. § 19. Priests’ Servants. 283. Several servants and assistants were assigned to the priests for the performance of the inferior offices : for example, the popes, victimarii, slayers of victims ; ccditui, sacristans ; pullarii (who kept the sacred birds, 269), extispices, tibicines, tubicines, &c. The Flcimen Dialis and the Yestal virgins had Lictors. The boys who attended on the Flamen Dialis, and assisted at other sacred ceremonies, were termed camilli. Worship. § 20. Worship in general. 284. Their worship was either public, and con- cerned the whole state, or portions of it, such as the tribes or curice ; or private, belonging to individuals or gentes, in which it was hereditary. We have already ADMINISTRATION OF THE STATE. 133 spoken of the manner in which the will of the gods was ascertained by means of auspices, extispicia, and the Sibylline books. The rest of their worship con- sisted of prayers, vows, sacrifices, and the solemn observance of festivals and games in honour of the gods. All acts of worship were conducted in a regular and solemn manner ; every object being removed which could produce an unfavourable impression. Thus it was required that all the attendants should be clean in their persons and dress, and that no harsh sounds or words of evil omen should be heard ; that the best victims should be selected, and led without compulsion to the altar: that the priests should be free from bodily de- fects ; and that no punishments should be inflicted on festival days. §21. Prayers and Vows. 285 . Public prayers were offered up by the magis- trates, after a form prepared and recited by the priest (who was said prceire carmen). The public days of supplication ( supplicationes ) were either obsecrationes, appointed for propitiating the favour of the gods and averting their wrath, or thanksgivings (gratulationes) . Under this head may be classed the great festal ban- quets, at which the statues of the gods were brought forth (and placed at table on couches before their sacri- ficial feasts) ( lectisternium , Liv. 5 . 13 ; ad omnia pul- vinaria sacrijicatum). Prayers were often accom- panied by vows (vovere ; vota facer e ; (a person whose prayer was granted, and therefore his vow due, was) voti compos, reus, damnatus) . Persons who had been 'n danger, during a sea voyage for instance, were accustomed, in fulfilment of their vow, to suspend a representation of the event ( tabula votiva ) in the tem- ple of the god to whom they attributed their preserva- tion. 134 MANUAL OF ROMAN ANTIQUITIES. § 22. Sacrifices. 286. The sacrificed (sacrficia) were the most im- portant part of public worship. 8 Particular animals were offered to each of the gods. The whole proceed- ing was exceedingly solemn and ceremonial. The sacrificer approached the altar: clothed in white. The victim ( victima , liostia), which must be without blem- ish, and never have felt the yoke, was decorated with ribbons ( infulce , vittce), and garlands, and its horns sometimes gilded. It was led to the altar by an atten- dant (pop a). The priest ;,then called on 'the unpurified to withdraw (procul este profani), and commanded silence ( favete Unguis) . The brow of the victim, as well as the altar, was sprinkled with the sacrificial cake mingled with salt ( mola salsa; whence, immolare). 287. The animal was then slaughtered, and its entrails inspected by 1 the extispices. The offal ( exta ) was burnt, and a solemn banquet prepared. A purificatory offering ( lustratio ) was so termed, when the victim was led round the object intended to be purified. It was either public or private ( lustratio populi, after the census, urbis, agrorum ). i We find in the Roman his- tory, instances of persons, who dedicated or devoted themselves to the gods in the field of battle, according to a settled form, and sought death that they might in- sure victory to the Roman arms. § 23. Holy Seasons and Festivals. 288. Days were either dedicated to the worship of the gods, and consequently free from public business ( dies festi), or open for the transaction of secular affairs ( dies profesti 9 ). Of the festivals (feriai), a 8 The term sacrum expresses^every thing consecrated by man to the service of the gods. - 9 Dies intercisi were days of which a portion was set apart for each of these objects. We must distinguish between this division and that of dies fasti, which were days set apart for legal proceedings in opposition to the nefasli. Another division was into fortunate days and unfortunate (infausli, atri), on which it was not considered advisable to commence ADMINISTRATION OP THE STATE. 135 great number were observed with solemnity. They were either stativce , certain fixed days of the year, or conceptivcz, which were appointed by a magistrate (e. g. the fericB Latince on the Alban mount, introduced by Tarquinius Superbus), or imperatives , on particular occasions; e. g. the sacrum novendiale (Liv. 1, 31), appointed in consequence of its having rained stones. 289. Our knowledge of the festivals is derived from the Festi calendared, which contain a list of holidays, and from the poetical account of them given by Ovid in his Fasti. Among th eferice stativce, we may mention, as examples, -the Lupercalia, on the fifteenth of February ) the Matronalia, and the festival of Mars, on the first of March ; the Megalesia, or feast of Cybele, on the fourth of April ; the Parilia, on the twenty-first of April ; (the feast of the Bona Dea, on the first of May ; of Castor and Pollux, with the transvectio equitum, or annual solemn procession of Knights, on the Ides (i. e. the fifteenth) of July; and the Saturnalia, a revel which began on the nineteenth of December, and lasted several days (256). § 24. Games. 290. To the festal celebration of public worship belonged also the games, which, were either stati, per- manent, like the ludi Apollinares, and the hid a Romani, rnagni or maximij instituted by Tarquinius Priscus, in honour of Jupiter, Juno, and Minerva, and held in the Circus Maximus during eight days in the month of September ; or extraordinary, which were celebrated in consequence of vows, or at the funerals of private persons. The games were circenses, scenici, and gla- diatorii. 291. The circenses (from the Circus, a long building rounded at each end) were of Etruscan origin. (Liv. 1 , 35.) They were introduced with a solemn any important undertakings. Of this character were the days which im- mediately followed festivals, or which succeeded the calendae, nonce, and idus, or days signalized by any public calamity, such as the dies Alliensis (anniversary of the defeat of the Roman army by the Gauls at the Allia. 136 MANUAL OF ROMAN ANTIQUITIES. procession, and consisted of the cursus equester on horseback, or in chariots with b ig a or quadriga, ; the certamen gymnicum, the ntvra&lov of the Greeks ( saltus , cursus, lucta, pugillatus, discus) the pugna pedestris el equestris, e. g. Troja, a sort of tournament on horse- back ; venationes, combats of wild beasts, either with one another, or with men hired for the purpose, or con- demned malefactors (in the time of the Emperors, ad bestias damnati ) ; naumachice, naval engagements in the Circus, or in buildings erected for that purpose and supplied with water. 292. The scenici seem to have been introduced in the yean b. c. 364, when, in order to avert a pestilence, festivals Were instituted, to which actors and dancers were brought from Etruria. (Liv. 7, 2.) They were performed in theatra, large semi- circular buildings, the round part of which was fitted up with benches ( cavea , cunei), the remainder being- occupied by the scena ; (the orchestra was also semi- circular, and set apart for Senators, foreign Ambassa- dors, &c. In b. c. 63, the next fourteen benches were appropriated to the Knights by a law of L. Roscius Otho ). The theatres were without a roof, but were generally sheltered from the sun or rain by canvas stretched over the top ; they were built of wood, and broken up when the performance was over, until the time of Pompey, who was the first that constructed a theatre of stone. The dramatic pieces were purchased from their authors by the ASdiles. The recitation was accompanied by flutes, and the actors generally wore masks (persona). 293. The gladiatorii (munera) were also of Etruscan origin, and first introduced at funeral solemnities ; but subsequently presented at banquets, or for the amusement of the people, sometimes at the public expense, and sometimes at the cost of indivi- duals. They were performed in an amphitheatre or round building, furnished in the centre with a stage [arena) for combat. The gladiators were divided into families. They were generally slaves, prisoners, male- factors/and sometimes free men who hired themselves out for that purpose 294. They were instructed S.by ADMINISTRATION OF THE STATE. 137 a lanista in the use of various weapons, from which they derived their different names of Scimnites (from their Samnite armour, especially the scutum), retiarii (from the net, rete, with which they tried to entangle their adversary, whom they then dispatched with their three-pointed lance, tridens or fuscina), essedarii (from their fighting from the Gallic or British war-chariots, essSda), andabatce (who fought blindfold, having hel- mets with no apertures for the eyes, mirmillones, whose name was from noQfivQog, the image of a fish on their helmet ; their arms were Gallic ; and they gene- rally fought with the retiarii, or with Thraces, armed with the Thracian round buckler, and sica, dagger). 295. They fought, at first, with blunt weapons ( rudes , arma lusoria), in order to prove their skill ( preclude - bant). The arma decretoria were then put into their hands. The fate of those who were conquered de- pended on the will of the people ( pollicem premere, to turn down the thumb, the sign that they were to be spared ; vertere, to turn it up, the signal for their death, recipe ferrum). The gladiators were men of rough and savage habits, and their name was often used as a term of reproach. § 25. Holy Places and Furniture. 296. Buildings and spots were set apart for the celebration of public worship. Of this sort were templa, cedes, sacrce, delubra, fana, sacella, cediculce, luci. To the temple belonged the area, vestibulum, cella, statua, 1 ara, altar ia, 2 vasa sacra, e. g. the thuribulum, acerra, patSrce, tripOdes, &c. Places which had been struck by lightning were enclosed and treated as sacred ( biden- tal , either from bidens, a sheep, the victim by which it was consecrated, or bidens — forked lightning ; puteal, 1 According to one account K the Romans for one hundred and seventy years hadvno statues of the gods. . 2 The Wrd ara properly signifies any elevated spot. It is frequently used to express the smaller altars in front of the statue, the term altaria being applied to the great altar of sacrifice outside the temple. 138 MANUAL OF ROMAN ANTIQUITIES. not a general term for this, but for the stone enclosure round a well, puteus. The spot in the forum where a sacellum had been struck by lightning, was enclosed by Scribonius Libo with such a puteal ; puteal Libo- nis ). 297. Among the sacred things were the infulce and vittcB, bands and ribbons which were bound round the head of the priest, as well as round the altar and victim ; and verbence, sacred herbs and leaves, used by the priests at their sacrifices, and by the Fetiales. Every thing belonging to the gods, or connected with religion, was solemnly dedicated by sacrifices and prayer. The dedication of temples ( dedicatio ) was performed either by the Consuls, or by duumviri espe- were frequently the parties uy wnom the building of the temple had been vowed. 298. The division of time being closely connected with the observances of religion and festivals, was also intrusted to the care of the Pontifices. The year of Romulus seems to have contained ten months, and began in March. March, May, July ( Quintllis ), and October, had each thirty-one days, and the other months thirty. Thus the year consisted of three hun- dred and four days . 3 Others suppose, that the year of Romulus was a solar year, with an indefinite number of days in each month. Numa’s year (or, according to other authorities, that of Tarquinius Priscus) was a lunar year, consisting of twelve months, of which January and February were the last. 299. This year had three hundred and sixty-five days, and was at once a lunar year, and one in which it was necessary to have regard to the sun, there being many feasts which were to be held both on particular days of the 3 According to Niebuhr, six such years, or 1824 days, which corre- sponded within one day to five solar years of three hundred and sixty-five days, made a great year or lustrum, a portion of time, in which the be- ginning of the civil year corresponded with that of the solar. ciallv appointed These duumviri § 26. Division of Time. ADMINISTRATION OF THE STATE. 139 month, and at particular seasons, e. g. the Cerealia, Parilia, on which, according to tradition, Rome was founded. To secure the necessary agreement, recourse was had to intercalation ; a process which seems to have been more accurately defined in the Decemviral year, where a short month of twenty-two or twenty- three days was intercalated every second year. This month (mensis intercalaris ) was inserted towards the end of the year; viz. after the twenty-third of Febru- ary, the five last days of that month being compre- hended in it. 4 300. The record of this arrangement was kept by the Pontifex maximus ; but ignorance and dishonesty (the attempts, for example, made by certain parties to prolong the period of their continuance in the magistracy, or of holding government contracts) latterly produced such confusion, that in the year b. c. 46 ( annus confusionis, an intercalated year with four hundred and forty-five days), Julius Caesar, with the assistance of the astronomer Sosigenes, undertook a complete reformation of the system. The Egyptian solar year was now introduced, and three years of three hundred and sixty-five days were regularly suc- ceeded by a fourth of three hundred and sixty-six. Caesar inserted the intercalary day, between a. d. vii. et vi. cal. Mai't.j and named it a. d. bissextum cal. Mart.'': but shortly after his death an error was again introduced by the premature intercalation of a year. 301. After lasting thirty-six years, this error was cor- rected by Augustus, who named Sextilis, August, and 4 Ideler has remarked, that this intercalation of ninety days in eight years, answers to the Oktaeteris of the Greeks in the time of the Decem- viri. According to Niebuhr, the lunar year was brought into accordance with the solar by the insertion ten times in twenty-two years, and fifty times in one hundred and ten, of one month, consisting alternately of twenty-two and twenty-three days. At the fiftieth intercalation, in order to coincide accurately with the solar year, instead of a month of twenty- three days, one of twenty-two days was inserted ; and for the purpose of ascertaining when the fiftieth time arrived, each intercalation was marked by the driving of a nail. A period of one hundred and ten years was termed a seculum, and contained twenty-two lustres, a portion of time in which the years of ten and twelve months and the solar year again began on the same day. 140 MANUAL OF ROMAN ANTIQUITIES. Quintilis, July; because Julius Caesar was born in that month. The month was divided by the idus into two unequal portions'; the idus in March, May, July, and October, falling on the fifteenth, and in the other months on the thirteenth. The eighth day before the idus was termed nonce* (according to the Roman practice of including the day from which they counted back). The first of each month was called Calendce. In dating; they reckoned backwards from the follow- ing term (i. e. from the following Calends, Nones, or Ides) ; for example : the thirty- first of January was de- nominated pridie calendas Februanas ; the thirtieth, ante diem tertium calendas Februarias ; and so in all other cases. (For a fuller account, see the questions on this section.) 302. The Roman week contained eight days, 6 until the introduction of the week of seven days with the Christian religion. They divided the day into twelve hours, which varied according to the length of the days, and the night into the same number. Three hours of the night made a vigilia. The progress of time was indicated either by sun-dials ( horologia so- laria 7 ) or by water-clocks ( clepsydrae ). Since it is only at the equinoxes that the day consists of twelve hours in our sense of the word hour, the length of an hour, and time of the morning, at which the first hour began, were both subject to great variations. 303. Our hours, therefore, will sometimes differ widely from those of the Romans, the difference increasing directly as the distance from either equinox, and being greatest, there- fore, at the solstices. Ideler gives the following approxi- mate calculation, for the summer and winter solstices (cf. Becker’s Gallus, p. 252, Eng. Trans.) To simplify it, the seconds are omitted. 6 (In March, July, October, May The nones are on the seventh day. hence the Ides on the fifteenth). 8 Nundinal, i. e. those days on which the country people come into the city to buy and sell. 7 The sun-dial seems to have been introduced about the time of the war with Pyrrhus, and th? water-clock at a later period. CIVIL AND PRIVATE LIFE. 141 s. s. = Summer Solstice. w. s. = Winter Solstice Hour. s S. W s. Hour. s. S. w. S. I 4 27 7 33 7 12 12 2 5 42 8 17 8 1 15 12 44 3 6 58 9 2 9 2 31 1 29 4 8 13 9 46 • 10 3 46 2 13 5 9 49 10 31 11 5 2 2 58 6 10 44 11 15 12 6 17 3 42 Day ends 7 33 4 27 304. The following lines from Martial are often quoted for the Roman distribution of the day, with regard to the various employment of its hours : Prima salutantes atque altera continet hora ; Exercet raucos tertia causidicos : In quintarn varius extendit Roma labores ; Sexta quies lassis, septima finis erit ; Sufficit in nonam nitidis octava paleestris ; Imperat exstractos frangere nona toros. CIVIL AND PRIVATE LIFE. § 1. Private and Domestic Life. — Education. 305. The subjects of marriage, divorce, parental authority, and the law of inheritance have been already discussed. The habits of female lifq^gradually lost their original simplicity and domestic character j whilst the love of display and extravagance increased to such a degree, that in the time of the second Punic wai) an attempt was made by the Tribune Oppius to limit the ex- penditure by law. Women frequently visited the places of public amusement, and were altogether strangers to the retiring modesty which distinguished the ladies of Greece. 308. The education of children was of a practical and eminently political character!- In the olden time an important part of the instruction given to young persons,; consisted of lectures on the laws of the Twelve Tables, and gymnastic exercises* At a later period education was conducted more on the Grecian plan. The boys, after learning the first ele- 142 MANUAL OF HOMAN ANTIQUITIES. merits, either at home or at elementary schools under the superintendence of a pcedagogus, attended the schools of the grammarians, where they read the works of the national poets and learnt Greek. 307. On assuming the toga virilis , s they endeavoured to qualify themselves for their future position by rhetorical exercises, diligent attendance pn public proceedings, and taking, at an early age, their share of military duty, frequently under the superintendence of distin- guished men, to whom they were recommended by their fathers or relations. Opportunities were afforded them of completing their gymnastic education by join- ing in the sports of the Campus Martius. Many of them also visited the Grecian cities, especially Athens, for the purpose of studying under the most renowned philosophers. § 2 . Names. 308. Of the three names usually borne by the Ro- mans, the first ( prcenomen ), as Marcus or Caius, indi- cates the individual ; the second {nomen), as Tullius, Julius, the gens; the third {cognomen), as Cicero, Caesar, Scipio, the family or stirpsf A fourth name was sometimes added, which had been acquired by illustrious actions, or by adoption, or other circum- stances, e. g. Cornelius Scipio Afeicanus ASmilianus Minor; M. Portius Cato Censorius Sapiens; P. Licinius Crassus Mucianus Dives. The daughters bore the name of the gens, Mucia, Livia, Cornelia, Tullia. § 3. Sources of Income. 309. Even allowing that trade was carried on at a very early period, as the founding of Ostia, and the 8 A solemn act, which took place in the forum. On this occasion the toga pratexta was exchanged for a toga virilis or pura, as a sign of their having attained the age of manhood, and entered on a life of greater freedom. It is not quite certain at what age this took place ; but it is generally supposed to have been at the end of the fifteenth year. Other writers imagine that it was left to the discretion of the father? 9 With the addition sometimes of a nearer family name, as Publius Cornelius Scipio Naslca. CIVIL AND PRIVATE LIFE. 143 first commercial treaty with the Carthaginians would seem to indicat^; still the most important source of income was agriculture, and the produce of their landed property ( fructus) the principal support of the Senators, who could neither occupy themselves with qucestus as traders, nor come forward as farmers of the revenue, or contractors for the performance of great public works. Landed property was, however, very unequally divided* and in the latter days of the Re- public, the number of free yeomen ivas greatly reduced by the Hocking of the country people to Rome, where they were maintained by distributions of 'corn and bribes, whilst the land was cultivated for the most part by slaves. 310. Commercial dealings also, especially in the produce of the provinces ( mercatura ), and money speculations ( negotiatio ) were important sources of profit. Exchanges and payments were effected for the most part by the aid of the argentarii or mensarii, who carried on a considerable exchange and banking business with their own capital, and that of other per- sons. Trade on a small scale ( mercatura , si tenuis est, Cic. : with all retail dealing, and), mechanical occu- pations, were less highly esteemed (Cic. de Off. 1, 42). With the stream of wealth which flowed into Rome from all quarters in the latter days of the Republic, extravagance increased at a fearful rate, and displayed itself in the pomp and luxury of domestic life, as well as in the enormous public distributions of money and corn, public banquets, and shows. § 4. Coinage. 311. The first coined money (ces signatum, pecunia, numus) was of bronze (ces, i. e. copper and tin ; not trass, which is copper and zinc). Servius T ulliuk was the first who struck gold money. The superintendence of the coinage, like all other financial arrangements, afterwards devolved on the Senate* and was discharged by the triumviri monetales (iii viri AAAFF, i. e. auro, argento, , 3 All the best Italian wines were Campanian. The C&cubum, grown near Amy Kim, held the first rank, till Augustus brought the Sctinian into fashion. The Falernian stood nextj the best quality \Fuustianum) being grown Gear SinuessaJ 'Cphe Massic) was one that contested the third place with the AU>anum and Surrentinmn, ns well as with the Calenum and Fordanwn The middling wines were Trifolinum Signinum, No- mentanumg&c c. ; the Vaticanum and veientanum ( rubellum , from its colour) amongst the worst.. CIVIL AND PRIVATE LIFE. 153 dancing, or, in the more refined circles, with readings by professional declaimers ( acroama ). § 11 . Funerals. 334 . The Romans, like most other nations, had their peculiar ceremonies and usages in cases of death and at burials. Their anxiety for the performance of the funeral rites ; arose from their belief in a future state,; and the duty was consequently considered one which the dead had a right to require at the hands of the living ( justa facere). The nearest relations closed the eyes of the deceased, and called out his name. The preparations for the funeral were conducted by the libitinarii .) The corpse was first washed and anointed, then clothed in its shroud (a toga ; in the case of magistrates, the prcetexta), and exposed to pub- lic view. In front of the house was placed a branch of cypress. To the more solemn funerals, especially if games formed a part of the celebration, the people were invited by a prceco. The procession was opened by musicians and mourning women ( prceficce ), who sang a dirge to the accompaniment of flutes ; and was sometimes attended by mimes, one of whom repre- sented the deceased. 335 . The insignia of the dead were borne in front of the body, together with his imagines, which were preceded by persons dressed like the characters represented by them. The corpse was borne on a lectlcap the procession being closed by per- sons dressed in mourning. At the forum a halt was made, and the nearest relation, ascending the rostrum, delivered a laudatio\ According to Livy 5 , 50 , even women, after the Gallic war, obtained the right of a laudatio, although the privilege seems to have been rarely claimed, and not until a late period of the Re- public. As a general rule, no corpse could be interred within the city. Burying ( sepelire , humare), as well as burning (premare), were practised. Persons of conse- 4 Their name was derived from the temple of Venus li'oitlna, where they kept all the articles required at funerals. 7 * 154 MANUAL OF ROMAN ANTIOUITIES. quence had magnificent private burial-places ( sepulcra ) on their estates, or by the sides of the principal high- ways. Under the Emperors, it was customary to build large mausolea, for instance, that raised by Augustus, and the moles Hadriani, on the banks of the Tiber. 336. For burning the dead, a funeral pile ( pyra , rogus) was erected ; on which they laid the corpse in its clothes, with incense and other sweet-smelling spices. The burnt bones and ashes were collected (ossa legere) in urns, and placed in a monument. Funerals were sometimes accompanied with burial feasts; games, and combats of gladiators. After the funeral the novendiale sacrificium took place. Cemeteries belonged to the res religiosce, and were under the superintendence of the Pontifex maximus. The violation of them was severely punished. Deification ( apotheosis ) was de- creed (after the time of Julius Caesar ) to the Emperors, by a resolution of the Senate. The person deified was dignified with the title of divus, and the honour com- pleted by the erection of temples, the establishment of orders of priesthood, and solemnities. HISTORY OF ROMAN LITERATURE. INTRODUCTION. § 1. Development of Roman Literature. 337. Greece may be viewed in some sort as the inventress of the sciences ; for the elements borrowed from foreign nations, insignificant enough in themselves, were made her own by the labour which she expended in bringing them to perfection. Under her fostering care the sciences ripened into maturity, attained by degrees their highest elevation, and then sank back, slowly and by almost imperceptible steps, into their original condition. But with the Romans it was far otherwise. They were a practical people, possessing considerable strength and firmness of character, but by no means pre-eminently distinguished by talent for pro- found scientific investigation, or by an excitable imagi- nation. For a long time their attention was directed to objects very different from the acquisition of scien- tific knowledge ; and we find, in consequence, the slight vestiges of poetical and historic interest overlaid and well-nigh obliterated by a mass of political and military efforts. 338. It was at an advanced period of their history, when the literature of Greece had already begun to decline, that the Romans first began to recog- nize Grecian influence in the development of their taste 15G MANUAL OF ROMAN ANTIQUITIES. for scientific instruction. Notwithstanding their de- cided national character, their respect for the practices of their ancestors, and the slight esteem with which they regarded Greece as a nation, the better portion of the people became willing pupils, and pressed eagerly forward on the road which had been already opened and levelled by the Greeks. A certain degree of ex- cellence was in consequence speedily attained, and its effects manifested in their successful cultivation of the arts, and the zeal with which they devoted themselves to grammatical, historical, and critical investigation : but on the other hand, the spirit of scientific research never became either so popular or so original and inde- pendent, as among the Greeks, simply contenting itself with walking in their footsteps, without striking out any essentially new forms. 339. In some directions their progress was unsatisfactory, and even in their best writers we often miss the freshness and originality, by which the Greeks were always distinguished. Only a few branches, those, for instance, which like juris- prudence and oratory were of a practical character, or which tended, like history, to the gratification of their national feeling, developed themselves in a more inde- pendent form. The leading features of the Roman nationality are, respect for the moral and religious severity of their forefathers, intelligence and practical wisdom, the idea of a commonwealth, and the proud consciousness of universal sovereignty and the suprem- acy of Rome ; characteristics of which their literature also bears the impress. § 2. The Latin Language. 340. The Latin language must be considered as a sister tongue of the Greek, varied by its connexion with other Italian dialects, such as the Oscian. At first it was rough and subject to many alterations ; but after a time it began to feel the influence of the Grecian language, not only as it was spoken in the neighbour- ing colonies of Magna Grsecia, but as it was imported HISTORY OF ROMAN LITERATURE. 157 in greater purity from the mother country itself, and was moulded into form by the labours, first of poets and orators, and subsequently of historians and gram- marians. 341. Towards the end of the Republic, and .especially at the commencement of the Imperial era, it attained its highest degree of purity. At that period it had spread itself over the whole of Italy, was gradu- ally planted in the provinces, and mingling with the dialects already spoken, laid the foundation of fresh languages, such as the Italian, French, Spanish, Portu- guese, English, Wallachian, Romaic, &c. History of Roman Literature. § 3. First period — -from the Building of Rome to the year b. c. 240. 342. Under this head we must consider, not so much literature strictly so called, as its earliest rude elements, which prepared the way for the reception of foreign literature. These first germs are discoverable in historical and statistical outlines, and in a few vesti- ges of poetry, as well as in their acquaintance with the Greek alphabet. To their poetry belong the hymns of the Salian priests ( axamenta ), which were retained until a very late period, but could only be understood by the assistance of a glossary ; the lays of the Am- barvalian brethren, the old convivial songs, mentioned by Cicero, Tusc. l,2 r and the versus Fescennini, or verses sung alternately at the rural merry-makings, and often full of biting satire (of Etruscan origin) ; besides several rough productions of the dramatic art. The metre of these songs was the Saturnian. 343. To the germs of their prose literature belong the Annales Maximi, or short annual catalogue of remarkable pub- lic events, prepared by the Pontifex maximus. This practice continued for a long time ; but most of the older records were lost at the Gallic invasion. We 158 MANUAL OF IiOMAN ANTIQUITIES find also the Commentarii Pontificum, or documents prescribing the religious ceremonies ; the Fasti or libri rnagistratuum, accounts of magisterial personages, e. g. the libri lintei, discovered, according to Livy, in the temple of Juno Moneta : the Laudationes, or funeral orations, which were extremely ancient ; and lastly, the written laws, comprehending the Leges Regies, as well as those of the Twelve Tables. Fragments of ftoth these codes are still extant. § 1. Second period — -from the year b. c. 240 , to the time of Cicero. 344 . Whilst the Roman commonwealth advanced not only in power and riches, but in the order and sta- bility of its political institutions, the increasing inter- course with Greece, and especially the residence of learned Greeks in their city, 1 gradually opened the eyes of individuals to the importance of science even in reference to practical life. Statesmen, like the younger Scipio and Laelius, conversed familiarly with Greek men of letters (Polybius, Pajsaitius) ; and many per- sons of distinction began, if not to study, at least to appreciate and protect the sciences. The Greeks, it is true, had many facilities unknown to the grave and business-like Romans ; but notwithstanding this disad- vantage, Grecian literature continued to make its way ; and even Cato, in extreme old age, acquired the lan- guage. 345 . Men now began to cultivate oratory, 2 the most comprehensive of all sciences in a free state, and that which prepares the way for the most impor- tant and honourable employments. At first this was 1 Among these we may especially notice the ambassadors, sent by the Athenians to Rome in the year n. c. 155, viz. Diogenes the Stoic, Crito- laus the Peripatetic, and Carneades the Academic ; three of the most re- nowned philosophers of that period. They were charged with a message from their government, and were listened to with curiosity, but were com- pelled to quit the city at the instigation of Cato. 2 The most celebrated orators were, Cato Censorius, Ser. Sulpicius Galba, C. Papirius Carbo, the Gracchi, particularly the Younger, M. All tonius, and L. Licinius Crassus. HISTORY OF ROMAN LITERATURE. 159 done without any theoretic system ; but at a later period, the study was carried on under the direction of Greek rhetoricians, who were looked on with an evil eye at first, and frequently banished from Rome (e. g. in the year e. c. 1G1). The effect of this study# pervaded the whole circle of literature, in which we discover a rhetorical tone, which it is impossible to mistake. There were also at Rome professors of phi- losophy, 3 and of grammatical studies, such as language, literary history, the art of criticism, and its auxiliaries. 4 § 5. The subject continued. 346. The works which this period produced, were chiefly of a poetical (viz. dramatic and epic) or histori- cal character. The Romans possessed a sort of dra- matic poetry of Italian origin, which prepared the way for the introduction of the Grecian drama. To this class belong the Fescennine verses already mentioned, the Mimes, the ludi Osci, and the f abides Atellance, 5 a popular drama of a comic character performed by free youths. The last named description of verses is men- tioned in the time of the first Emperors, but not a frag- ment of Atellan verse has reached our days. We read also of Saturce or improvised farces, concerning which very little is known. A more important acquisition to literature was the Grecian drama (tragedies and comedies written on the model of the newer Attic comedy), the introduction of which was closely con- nected at Rome with religious ceremonies and games. 347. Although at a later period dramatic poetry strove hard to awaken the national interests, by the adoption of Roman subjects, 6 it never took a very firm root in the affections of the people, and latterly disappeared in a great measure, or was driven from the field by exhi- 3 Among the philosophers may be classed Seipio the Younger, Laelius Sapiens, P. Rutilius Rufus, and others. 4 Crates Mallotes, who came to Rome in the year b. c. 168, was the first who created a taste for these studies. 6 Q. Novius is mentioned as a writer of Atellan Dramas. 6 Fabulce preetextata and togatat in opposition to palliates. 160 MANUAL OP ROMAN ANTIQUITIES. bitions of gladiators, and combats of wild beasts, and such like amusements. Epic poetry also began to choose national subjects, employing at first the Satur- nian, and subsequently the Hexameter measure. On the other hand, satire developed itself after a more in- dependent fashion ; whilst history, taking for its basis the annual notices of events, made some advances at this period, confining itself, however, to the annalist form, without even aiming at perfection of style. § 6 . Poets. 348. Limits Andronicus, an emancipated slave of Grecian descent, who first introduced dramatic repre- sentations in the year, is. c. 240 ; wrote tragedies and comedies, and is said to have translated the Odyssey into Saturnian verse. Cn. Ncevius, died b. c. 204. He wrote tragedies and comedies, with some bitter satires after the model of the older Attic comedy, for which he was thrown into prison. He composed also a poem of the first Punic war. Q. Ennius, b. c. 239 — 169. A Roman citizen, highly esteemed by the elder Scipio. He wrote trage- dies, comedies, annales, a long epic poem on the history of Rome, and various other pieces, principally transla- tions. He was the first who employed the Hexameter, instead of the Saturnian measure. Ccecilius Statius, died b. c. 168. A comic writer. M. Pacuvius, born b. c. 220. A tragic author. L. Attins, born b. c. 170, is said to have chosen Roman subjects for his tragedies, and also to have written Didascalica, a work on the history of dra- matic art. 349. M. Attius Plautus, in the time of the second Punic war; died b. c. 184. Of the twenty-one pieces pronounced by Varro to be genuine, we possess twenty, copied freely from the Greek drama. The text is very corrupt, and ignorance of the metre has caused great confusion. HISTORY OF ROMAN LITERATURE. 161 P. Terentius Afer, born about b. c. 194; died about b. c. 159 ; an emancipated slave. He lived on friendly terms with Scipio Africanus Minor, and Lselius, who, however, were considerably his juniors. We have six of his comedies, adaptations of Greek pieces written by Menander and Apollodorus. L. Afranius, younger than Terence. He wrote Comcedice togatce (note 6 on p. 159). C. Lucilius, b. c. 148 — 103 ; a friend of Scipio and Laelius. He wrote satires, which were highly esteemed by the sAicient's. After his time nothing of this sort, worthy of mention, appears to have been written until the days of Horace. ' § 7. Prose writers. 350. The Roman prose writers are, for the most part, annalists. At a very early period, the interest of the Romans was awakened by legends and notices of events, which were collected and arranged by writers, who were generally statesmen ; whilst the poets were private individuals, often of humble origin, and almost universally foreigners. Q. Fabius Pictor, in the time of the second Punic war. He wrote annals, extending from the building of Rome to his own times. M. Porcius Cato Censorius, b. c. 234 — 149. A model of the old stern conservative national character. His works were : Origines, the ancient history of Italy, and an account of the events which occurred at Rome, from the building of the city to the year b. c. 151 : he also wrote a Treatise on Agriculture, the most ancient prose work which we possess, although in a very mutilated condition, besides orations and other compositions. 351. As annalists we may also mention : — L. Calpurnius Piso Frugi, Consul b. c. 133. C. Fannius, son-in-law of Leelius the Wise. L. Ccelius Antipdter, in the time of the Gracchi. He seems to have employed more art in the composi- 162 MANUAL OF ROMAN ANTIOUITIES. tion of historical works than had previously been dis- played. These, and many other annalists who are specially mentioned by Livy and Dionysius, in conjunction with a few jurists (e. g. Sex. AElius Pcetus, Consul in the year b. c. 198, and some members of the Mucian family), compose the class of prose writers during this period. All, however, have been lost, except Cato’s Treatise on Agriculture ; nor do we possess any thing of the poets beyond fragments, if we except the come- dies of Plautus and Terence. § 8 . Third period. — From the time of Cicero to the death of Augustus. 352. This period is the golden age of science Whilst the prejudices of the majority against scientific research, especially at its first introduction, were not yet entirely rooted out, and men still ridiculed the learned pedantry of the Greeks, and their want of practical knowledge; the interest felt by the educated classes in Grecian literature, which continued to exer- cise an important influence over the works of Roman writers, went on steadily increasing. Even in other parts of Italy, a taste for the sciences became moi’e generally diffused, although all the most efficient literary efforts were concentrated at Rome. 353. Learning became more and more a necessary ingredient in polished life ; and many, amidst the whirl and confu- sion attendant on the social and civil wars, and the decline of liberty, endeavoured to find, in literary occu- pation, solace and forgetfulness of their present misery. Education was promoted by the establishment of schools, and public as well as private libraries. In the first half of this period (the Ciceronian), prose litera- ture particularly flourished ; and in the last, poetry, under the auspices of Augustus, and other powerful patrons of science. 7 7 Such as Maecenas and Asinius Pollio, who are both mentioned as authors. HISTORY OP ROMAN LITERATURE. 163 § 9 . The subject continued. 354 . During this period, dramatic poetry partially disappeared ; 8 but the representation of Mimes (which were sketches of Roman life, garnished with number- less apophthegms) still continued. Pantomimes also came into fashion. Epic poetry, especially, flourished under Augustus, and derived its subjects partly from contemporary events and partly from Grecian legends. The didactic epos was also introduced, borrowed im- mediately from the Alexandrians. 355 . Lyric poetry, although it never intertwined itself with the daily occurrences of life so naturally and appropriately as in Greece, was presented, nevertheless, in various forms, such as odes and songs, elegies (i. e. poems, in which the principal element is a tranquil or melancholy feeling, most frequently of an amorous character), epistles, and satires (i. e. poems full of re- flections on human life, and the pursuits of mankind), bucolic poems (delineations of pastoral life), fables, and epigrams. In prose literature, history, abandoning its dry annalistic character, gradually assumed a more complete and beautiful form, in which the rhetorical element is especially discernible. Grammatical and antiquarian studies also flourished through the interest which every Roman felt in the history of by-gone days, and the institutions of his ancestors. 356 . Elo- quence was at its height in the days of Cicero ; but with the decline of freedom it lost its political import- ance, and consequently its peculiar character ; but still continued, especially in the form of legal pleadings, de- clamations, and rhetorical displays, to attract consi- derable notice. Its theory was studied and discussed in treatises : but, in the mean time, it began gradually to lose its strength, nature, and simplicity. From the time of Cicero, philosophical subjects began to be dis- cussed in works expressly composed for that purpose, 8 Mention, however, is made in the Augustine age, of the Thyeste, as a celebrated tragedy of L. Varius, who distinguished himself also as an epic poet. 164 MANUAL OF ROMAN ANTIQUITIES. but without any independent speculations, or profouu inquiries into the system of Greek philosophy ; the attention of the writers of that class being chiefly directed to political subjects and oratory. The wri- tings of the Stoic, Epicurean, and Academic philoso- phy were especially read. 357. Few of the other sciences attained any importance in literature as inde- pendent studies. Mathematics and natural philosophy were, it is true, cultivated by many, without the publi- cation of any treatises exclusively appropriated to those subjects ; for instance, we find mathematical know- ledge practically applied in the work of Vitruvius on Architecture. 358. Among practical experiments, we may notice the regulation of the Roman mode of reckoning time by Sosigenes, during, the administration of Julius Caesar, and the general survey and statistical account of the Roman Empire, undertaken in the reign of Augustus at the instance of Agrippa. Legal science was also sedulously cultivated. In the reign of Au- gustus, there arose two celebrated Jurists (Q,. Antistius Labeo, and C. Atejus Capito), each of whom exercised considerable influence over the science of jurispru- dence, and was the founder of a distinct legal school. § 10 . Poets. 359. T. Lucretius Carus (a true poet), b. c. 95 — 52, wrote six books, de Rerum Naturd, in hexameter verse ; an explanation and defence of the Epicurean doctrine. His language has a character of antiquity. P. Virgilius Maro, b. c. 70 — 19, was highly esteemed by Augustus and Maecenas. His JEneid, an epic poem in twelve books, was published after the death of the poet by Varius and Tucca, but never com- pleted ; Georgica, four books on agricultural subjects ; bucolic poems ( Ecldgce ), in imitation of the Idyls of Theocritus. Some smaller poems have also been at- tributed to him. He was a learned and correct poet, especially distinguished by the majestic gravity of his style, and the harmony of his language. HISTORY OF ROMAN LITERATURE. 165 360. Q. Horatius F/accus, b. c. 65 — 8, a favourite of Augustus and Maecenas. Four books of odes, Car- men Seculare, and one book of Epodes, in a variety of lyric measures ; two books of Satires in hexameter verse ; Epistles in two books, the last of which con- tains the Epistola ad PisOnes, or Ars Poetica. He is remarkable for the nature, truth, and taste of his de- scriptions, and his careful study of Greek models (e. g. of Alcaeus, Sappho, Archilochus). P. Ovidius Naso, born b. c. 43, died at Tomi, on the shores of the Black Sea, a. d. 17, having been banished to that remote spot by Augustus. Metamor- phoses, in fifteen books, a series of tales out of the Grecian Mythology, ending in transformations : Ars Amatoria, three books, in elegiac verse, portraying the intrigues of love : Fasti, six books in elegiac verse, a poetical calendar of festivals for the first six months of the Roman year, important, in an antiquarian point of view, with some minor didactic poems. He wrote also elegiac poems ; viz., Amores, libri Tristium and Epistolce ex Ponto, the last two during his exile, and Heroldes, or letters from the heroines of the mythic age to their lovers. A tragedy, the Medea, is lost. He is distinguished by fancy, wit, and great facility of language and versification ; but his compositions are licentious and without deep feeling. 361. C. Valerius Catullus, born b. c. 86 ; acquainted with Cicero, Cornelius Nepos, and other distinguished men. One hundi'ed and sixteen poems, on various subjects, and in different metres ; the most important are, Atys and Epithalamium Pelei et Thetidos. His other poems are chiefly of an epigrammatic or elegiac character, e. g. the Coma Berenices, an imitation of Callimachus. He is remarkable for feeling and naivete, with a good deal of bitter irony and satire. Albius Tibullus, born about b. c. 64 or 54 ; died b. c. 18 or 19. Under his name we have a collection of Elegies, in four books, some of which are pronounced not to be his by the critics. His works are distinguished by simplicity and nature. 1G6 MANUAL OF ROMAN ANTIOUITIES S. Aurelius Propertius, nearly a contemporary with Ovid, but younger. A series of elegies in four books. Remarkable for learning and force of expression, but with less simplicity than Tibullus. § 11 . Prose writers. 362. M. Terentius Varro, born b. c. 116, died in extreme old age. A learned writer, who composed several works on various subjects, particularly on an- tiquities, and also some poems ( Satires Menippece). We possess nothing of his except a fragment de Re Rusticd, and four very corrupt books of a grammatical work de Lingua Latind, in twenty-four books. M. Tullius Cicero, born b. c. 106. His youth, dur- ing which he first appeared as an orator, occurred in the time of the disturbances under Marius and Sulla. In consequence of these tumults he spent some time in Greece, and after Sulla’s death returned to Rome, and having passed through all the intermediate offices, was elected Consul b. c. 63. His enemies, whose designs were obstructed by his republican views, and the esteem in which he was held, procured his banishment. After his recall he joined the party of Pompey ; but returned to Rome after the battle of Pharsalia ( Phar - sdlus ), was pardoned by Caesar, and devoted the rest of his life to literary pursuits, without taking any part in political questions. After the assassination of Caesar he opposed Antony, and was murdered at the instiga- tion of the Triumviri in the year b. c. 43. 363. Be- sides translations and poems of inferior merit (e. g. on Marius, on his own Consulate, the translation of Ara- tus’s Phenomena, of which we possess a considerable fragment), his most important writings are on oratori- cal, rhetorical, philosophical, and epistolary subjects. Of his Orations we possess fifty-six, some of which, however, are of doubtful genuineness, and others have reached us in a very imperfect state. Some fragments of the lost Orations have been recently discovered. His rhetorical writings are, Rhetorica or de Inventione , HISTORY OF ROMAN LITERATURE. 167 a youthful production in two books ; de Oratore, three books; Brutus or de Claris Oratoribus ; Orator ad Brutum, or de Optimo Genere Dicendi ; Topica, or a treatise on evidence ; de Partitione Or at or id, an essay on arrangement ; de Optimo Genere Oratorum, a pre- face to a translation of iEschines and Demosthenes, which has been lost. 364. His philosophic works are, de Republica, or the best form of government, six books ; the conclusion, Somnium Scipionis, has been preserved to us by Macrobius (all the rest was sup- posed to be lost, but several important fragments have been discovered by Majo, in a palimpsest) ; de Legibus, three books, originally more ; Acadernica, published originally in two books, and afterwards divided by Cicero into four (of the later edition, we possess a part of the first book, and of the earlier, a fragment of the second) ; de Finibus Bonorum et Malorum, five books, containing the doctrines of the most distinguished phi- losophers respecting the chief good : Disputationes Tusculance, five books, on the most important moral questions ; de Naturd Dear urn, three books ; de Divi- natione, two books ; de Fato, a fragment ; Cato Major, sive de Senectute ; Lcelius, sive de Amicitia ; Paradoxa Stoicorum. Some other philosophical works are lost. 365. We have three collections of his Letters; viz., Epistolce ad Diversos, sixteen books ; Epistolce ad T. Pomponium Atticum, sixteen books ; and Epistolce ad Quintum fratrem, three books. The Epistles to Bru- tus are, undoubtedly, spurious. 9 Cicero was eminently distinguished as an orator, particularly by the finished character of his style. As a philosopher, he is neither a deep nor an original thinker. His study of the Greek philosophy, which he followed as an eclectic, was more extensive than profound. Most of his philosophical works were written in the last period of his life. 306. C. Julius Ccescir, b. c. 99-44. Of his numer- ous writings on various subjects (grammar, politics, \ 9 Their gjnuineness has been lately very ably defended by C. F. Hermann, 168 MANUAL OF ROMAN ANTIQUITIES. poetry, &c.,) we possess only some historical works ; viz., seven books, Commentarii de Bello Gallico (an eighth is added by another hand), and three books, de Bello Civili. The books, de Bello Alexandrino, Afri- cano, and Hispaniensi, are not by Caesar. His style is remarkable for good taste, ease, and simplicity. Cornelius Nepos, contemporary with Caesar. Most of his works are lost. We possess, however, his Vitce Excellentium Imperatorum, a collection of short bio- graphical sketches of twenty Grecian and two Cartha- ginian generals ; de Regibus, a biography of Cato, and a more diffuse one of Atticus. Some critics have ascribed these works to JEmilius Probus, a writer in the time of Theodosius. 367. C. Sallustius Crispus, c. c. 86-36. Catilina and Jugurtha, with some fragments of his Histories. Some other works have been improperly attributed to him. He is distinguished by brevity, liveliness, and force ; but his laborious imitation of the antique is not always natural. T. Livius, born b. c. 59, died a. d. 18. His work comprised a history of Rome from its foundation to the death of Drusus, in the year a. d. 10, in one hundred and forty-two books, of which only thirty-five have reached us ; viz. the first ten, and from the twenty-first to the forty-fifth, besides fragments, and short notices of contents {Epitomes). He follows the annalists in his account of ancient, and Polybius in that of modern times. Correct and eloquent, but often without any profound critical or philosophical views. 368. M. Vitruvius Pollio, who constructed mili- tary engines in the reign of Augustus, and wrote ten books, de Architecture. His style exhibits very little command of language. Two celebrated authors of the Augustan era, Tro- gus Pompejus, who wrote Histories Pliilippicce, in forty-four books ; and Verrius Flaccus, a grammarian, who published a grammatical antiquarian work, de Verborum Significations, are known to us only through extracts made at a later period, the first b}^ Justin, the HISTORY OP ROMAN LITERATURE. 169 other by Festus. Another renowned grammarian of that period is C. Julius Hyginus, under whose name we have two works, Fabularum Liber, and Poeticdn Astronomicon Libri IV., which, however, are generally supposed to have been written at a much later period. § 12. Fourth period — from the death of Augustus to the Antonines. 369. This period exhibits to us the gradual decline of Roman literature under unfavourable circumstances, such as the entire destruction of liberty, and the despotism of barbarian princes. There still remained, it is true, a sort of literary vitality, which extended itself considerably in certain directions ; libraries and schools were also founded by hundreds ; but a perverted taste began gradually to prevail, displaying itself in a passion for the far-fetched, the artificial, and the over- drawn, and in ill-judged endeavours to conceal their intellectual poverty by the affectation of learning. Yet even in this age we discover many vestiges of better days. In poetry, for instance, the satirist found a mine of wealth in the vices and follies of his times. Prose literature was also particularly rich in historians. Oratory and its theory were still cultivated, but its political importance was for ever gone, and its rules were for the most part applied only to declamations. Philosophy also, especially that of the Stoics, and grammar found a host of professors. § 13. Poets. 370. Phcedrus, in the time of Augustus and Tibe- rius. A collection of Fables, the genuineness of which has been disputed by some writers. A. Persius Flaccus, born a. d. 34, six Satires. D. Junius Juvenalis, born in the reign of Claudius. Sixteen of his Satires are extant, but the genuineness of the last is doubtful. M. Valerius Martialis, born about a. n. 40, flourished 8 170 MANUAL OF ROMAN ANTIQUITIES. in the reigns of Titus and Domitian. A collection of Epigrammatical Poems, in fourteen books. 371. M. Anrueus Lucanus, born a. n. 38, murdered in the reign of Nero, a. d. 65. Of his numerous poems we possess only his chef d’oeuvre, Pharsalia, an epic poem, on the war between Pompey and Caesar, brought down to the siege of Alexandria. The narrative is strictly historical, and the language rhetorical, but the versification is imperfect. C. Silius Italicus, from a. d. 25 to 100. Punica, a composition of slender merit, in a poetical point of view. C. Valerius Flaccus, in the reign of Vespasian, Argonautica. P. Papinius Statius, born a. d. 61. Of his works we have the Thebais, a poem, on the contention between the sons of CEdipus ; Silvce, a collection of poems ; and an unfinished poetical work styled, Achilleis. C. Petronius, probably in the reign of Claudius or Nero. Satiricon, a narrative describing an effeminate life. § 14. Prose writers. 372. C. Velleijus Paterculus, in the reign of Tibe- rius. Historice Romance, in two books. The greater part of the first is lost. Valerius Maximus, flourished about the same time. Factorum Dictorumque Memorabilium libri IX., a col- lection of remarkable passages and anecdotes. C. Cornelius Tacitus, under Vespasian, Titus, Do- mitian, Nerva, and Trajan. His works are, de Situ, Moribus Populisque Germanics ; a biography of his father-in-law, the renowned general Agricola ; Histo- rice, a history of the Emperors from Galba to the death of Domitian, of which we possess little more than four books ; Annales, a history of Rome, from the death of Augustus to the death of Nero, sixteen books, also im- perfect. It has been disputed whether the Dialdgus de Oratoribus is his composition. His style is oratori- HISTORY OF ROMAN LITERATURE. 171 cal, but expressive and nervous. His writings are dis- tinguished by manly gravity and profound feeling. 373. Q. Curtius Rufus flourished, probably, in the reign of Vespasian. 1 Some writers assign him an earlier, and others a much later period. De Rebus Gestis Alexandri Magni, in ten books, of which the first two are wanting. His language is flowing, but he has none of the critical tact and accurate judgment of a true historian. L. Annans Florus, probably in the reign of Trajan EpitQme de Rebus Gestis Romanorum, four books. C. Suetonius Tranquillus , under Domitian and Hadrian. Of his numerous writings we possess Vita XII. (i. e. of the first twelve) Imperatorum ; de Illustri- bus Grammaticis ; de Claris Rhetoribus. Some shorter separate biographies have also been attributed to him. Simple, correct, and worthy of credit. 374. L. Annaeus Seneca, born shortly after the birth of our Lord, died a. d. 65, in the reign of Nero. Of his writings we possess a series of philosophical treatises ; a collection of one hundred and twenty-four letters on philosophical subjects ; seven books Qucestionum Naturalium, or physical essays. We have also ten tragedies bearing his name, which have been attri- buted, by some writers, to another Seneca, or to several authors ; and a catalogue of lost writings, with some of doubtful genuineness, or which have been proved to be spurious. Seneca was a Stoic. His writings are distinguished by nervous eloquence, and a severe practical tendency, but his style is exceed- ingly rhetorical. L. Junius Moderatus Columella, a contemporary of Seneca. De Re Rustica. Pomponius Mela, in the reign of Claudius. De Situ Orbis, a geographical treatise in three books. 375. M. Fabius Quinctilianus, born a. d. 42. In- stitutio Oratoria, twelve books. A collection of de- clamations is also ascribed to him by some writers. Distinguished by profound learning and taste. 1 Buttmann. — Niebuhr places him in the reign of Septnnius Severus. 172 MANUAL OF ROiMAN ANTIQUITIES. C. Plinius Secundus Major, a. d. 23 — 79. Of hig numerous works we possess only the Historia Natu- ralis, in thirty-seven books, a voluminous compilation from several works. C. Plinius Ccecilius Secundus, nephew of the elder Pliny, born a. n. 62. Of his orations we have only the Panegyricus on Trajan. A. collection of Letters in ten books. His language is flowing and lively, but the ideas are far-fetched. A. Cornelius Celsus, in tne reigns of Augustus and Tiberius. We have eight books on Medicine by this author ; being properly one division of a larger work in an encyclopaedic form. § 15. Fifth Period — -from the Antonines to the Fall of the Western Empire, a. d. 476. 376. Literature now declined more perceptibly. The purity of the Latin language was lost ; and the prevailing taste was for spiritless compilations, with an ostentatious display of learning. Among the poets the most remarkable are, — Claudius Claudianus, under Theodosius the Great and his sons. Various poems, particularly epics, of which the subjects are taken from the events of his times. D. Magnus Ausonius, born a d. 309. Epigram- matic poems and Idylls, such as the Mosella. Aurelius Prudentius Clemens, a Christian poet. Of the other writers we may mention : Justinus, under the Antonines. He abridged the work of Trogus Pompejus. 377. Eutropius, under Constantine and Valens. Breviarium Historice Romance, a short Roman history, written in a clear and simple style. Sextus Rufus, in the reign of Valens. Breviarium Rerum Gestarum Populi Romani. S. Aurelius Victor, under Julian, and Ammianus Marcellinus, under Valens and Valentinian, until the reign of Theodosius, have contributed notices for a HISTORY OF ROMAN LITERATURE* 173 history of the Emperors. The first has also written some short biographical sketches. Orosius, in the fifth century. Historiarum Libra VII. adversus Paganos, a history of human suffering and misery. 378. Appulejus, under the Antonines. Author of several works on oratorical and philosophical subjects, some of which have been lost. The most important of those which we possess is, Metamorp fioseon, sive de Asino Aureo Libri XI., a, narrative. Censorinus, about the year a. d. 238, under Maxi- mus and Gordian. De Die Natali, on the influence of the heavenly bodies on men. A. Gellius, a celebrated grammarian, who lived in the time of the Antonines. Nodes Atticce, twenty books ; of which the eighth is wanting ; a collection of excerpta of some value. We have also as Grammarians, Festus (who abridged the work of Verrius Flaccus, de Verborum Significa- tione), and JElius Donatus. 379. Macrobius, in the first half of the fifth century. A Commentary on the Somnium Scipionis ; and Satur- nalia, a work of the same sort as the Nodes Atticce of Gellius. As a Jurist we may notice Gajus, under the Anto- nines ; Libri Institutionum IV. There lived also during this period the Fathers of the Church, Tertullianus, Arnobius, Ladantius, Am- brosius Hieronymus (Jerome), Augustinus, &c. § 16. Sixth Period. 380. After the destruction of the Western Empire, learning rapidly declined, and even the language lost more and more of its ancient character. Literature dragged on a lingering existence, chiefly in encyclopsB dias and grammatical works. Among the writers of this period we may mention Boethius, a. d. 470 — 524. (Numerous works on philosophical and mathematical subjects, and commentaries on the writings of the an- m MANUAL OF ROMAN ANTIQUITIES. cient philosophers). Contemporarily with him flourish- ed Cassiodorus, also in the reign of Theodoric. His principal work is a collection of Letters ; Variarum Libri XII. of some historical value. About the same ime lived the grammarian Priscianus Cassariensis . 2 2 The saying of the Greeks, that the language of men is like their lives, is confirmed also by the history of Rome. The corruption of the Latin language was a necessary consequence of the altered form of go- vernment, and of the languor and indolence into which the nation sank. The cultivation of their mother-tongue had begun to be neglected in the early part of the empire, and the Greek became the language of all fashionable circles, when the education of children was conducted by Greek tutors and governesses. The vast number of slaves and foreigners, who came to Rome from all parts, contributed not a little towards this cor- ruption ; the old and powerful simplicity of the language disappeared, and the desire to speak and write in a striking and piquant manner produced that hollow pomp and tinkling of words which we meet with as early as the time of Nero. In the reign of Augustus, Roman literature had reached its highest perfection, but its decline began even before his death ; for the establish- ment of the monarchy put an end to all free public oratory, and eloquence was henceforth cultivated only in funeral orations or encomiums, and in the rhetorical schools. With the accession of Tiberius, the flourishing period of literature came to its close : the corruption of taste began ; and the oppression of the ruler on the one hand, and the moral depravity of the people on the other, crushed all free development of intellectual life, which the establishment of libraries, and schools, and the appointment of salaried teachers, were unable, to restore. But while intellectual activity sank at Rome, it became extended in the provinces, which thus began to participate in the literature of the capital ; for booksellers are mentioned at Lyons, in Gaul, and they undoubtedly existed in all the great towns of the West. A depravation of taste, both in regard to purity of diction and to the manner of handling a subject, may be seen in the poems of Lucan, Valerius Flaccus, Silius Italicus, and Papinius Sta- tius, whose epics are bombastic and learned, but devoid of the genuine spirit of poetry. The character of the age afforded ample material for bitter satire, and produced a Persius, Juvenal, Petronius, and Martial, whose works, however, in point of taste and refinement, are greatly in- ferior to the satires of Horace. The AUsopic fable was successfully culti- vated in verse by Phasdrus, in the reign of Tiberius. After the time of Commodus we scarcely meet with a poet deserving of the name. Latin prose likewise degenerated after the reign of Augustus: the philosopher Seneca, the instructor of Nero, exercised an injurious influ- ence upon it by the rhetorical and affected manner of his style, which was counteracted, though in vain, by the great rhetorician Quintilian. In the time of Hadrian and the Antonines, there sprung up a singular fondness for old-fashioned and rare words and expressions, as we see in the works of Apuleius and Fronto. Historical writing laboured under still greater disadvantages ; for at that time men were obliged to be as HISTORY OF ROMAN jJTERATURE. 175 APPENDIX. § 17. The Alphabet, Writing Materials, Books, Libraries. 381. The Roman alphabet is borrowed from the Greek. 3 The orthography of the language was for a long time uncertain, as we find by the ancient coins and inscriptions. The substances on which laws, agreements, &c. were inscribed, were at first stone, bronze, and other metals, or wood {album, tabulae) . The Romans also employed at an early period the bark of certain trees, and linen (libri lintei), and after- wards generally the fine rind of the papyrus ( charta papyracea ), small strips of which were glued together, or parchment (membrance), or tablets covered with wax. They wrote on these with a stilus, one end of which was sharp for writing, and the other broad for erasure. 382. On paper or parchment they wrote with the calamus, a kind of reed, chiefly brought from Egypt or Gnidus, with a sort of ink or black liquid (atramen- tum), and generally only on one side of the paper. The most ancient form of books is the volumen, in which the leaves were pasted together, and rolled round cylin- cautious in what they said of their cotemporaries, and even of men of a by-gone age, as in any modern state where the censorship exercises its despotism. Thus the Emperor Claudius was compelled to suppress his history of the civil wars, because he had treated the subject in too honest a manner ; and Aurelius Rusticus and Herennius Senecio were put to death because they praised men whom they thought deserving of com- mendation, but whom Domitian hated. Notwithstanding all this, there arose some historians of eminence, both in regard to their style and to the method of treating their subjects. Among these we must mention Velleius Paterculus (a cotemporary and flatterer of Tiberius), Suetonius, and, above all, the great Tacitus, a man who stands preeminent and alone in the corrupt age in which he lived. After the time of Commodus, historical compositions sank to the very lowest state ; and the only histo- rian of any note, during the remaining period of the Empire, was Am- rnianus Marcellinus, about a. d. 360. 8 According to the legend, the alphabet was brought into Italy by Evander. 176 MANUAL OF ROMAN ANTIQUITIES. ders of wood or bone. The square form ( codices ) was also employed, chiefly for account books. Copies were multiplied by the labours of transcribers ( scribes libra- rii). Letters were written on thin wooden tablets overspread with wax. These were fastened together, and the string ( linum ) sealed with wax. 383. We hear of booksellers ( bibliopolce ) towards the end of the Republic. The brothers Sosii are mentioned by Horace. The iEdiles, who were charged with the superintendence of the public feasts and games, pur- chased dramatic pieces from their authors. The first private library of which we have any account, was that of L. TEmilius Paullus. Afterwards, books were brought by Sulla from Athens, and by Lucullus out of Asia ; and it became the custom in every great house, to fit up one room as a library. Among the public collections of books, the most remarkable was that of Asinius Pollio in the temple of the Palatine Apollo. Many others were afterwards added. § 18. Inscriptions. 384. Inscriptions were very numerous among the ancients. A great variety of them on tablets of stone, walls, vessels, utensils, &c., have escaped the ravages of time. Some of these are important as historical documents. The great difficulty in deciphering them arises from the numerous abbreviations, which often render the meaning ambiguous. Whole sentences, for instance, were often represented by the initial letter of each word, e. g. D. S. P. F. C.; — de sua pecunia fa- ciendum curavit. A critical examination is also neces- sary here, as many of the inscriptions which we possess, are spurious. 385. The most ancient inscriptions are ; those on the monuments of the family of Scipio, on the via Appia ( L . Scipio Barbatus cons. u. c. 298) ; the inscriptions at the foot of the columna rostrata Duilii ; a Senatus consultum de Eacchanalibus (b. c. 186) on copper, with some other laws and decrees of the Senate inscribed on the same metal ; the monumentum Ancy- HISTORY OF ROMAN LITERATURE. 177 ranum, a relic of the time of Augustus, containing rules for the administration of the Government ; frag- ments of the Fasti Capitolini , 4 and a host of other inscriptions of the time of the Empire. Lastly, we possess a great number of inscriptions on gold, silver, and copper coins, w T hich are often of great historical importance. § 19. Codices. 386. The writings of the ancients have reached us in the form of codices. Although the number of these is very considerable, they have, in most cases, been so mutilated through the carelessness and ignorance of the earlier librarii, and the monkish writing of the middle ages, as well as by the intermixture of glosses with the text, as to require the most careful examina- tion and collation, in order to arrive at the meaning of the author. In some cases, indeed, we must content ourselves with a probable conjecture, and in others, give up all hope of discovering the true reading. Very few codices go back so far as the sixth century of the Christian era. 387. The more ancient may be gene- rally recognized by the letters, which are larger, and similar in form to those of the inscriptions and on coins. The more modern are known by the smaller chai'acter, by the division of the sentences by means of puncta and kommata, by the contraction of the diphthongs, &c. In the ninth and tenth centuries, the manuscript is more elegant ; but after that period, the letters are clumsily formed, and the abbreviations more numerous. Amongst the oldest codices are a codex Mediceus and a codex Vaticanus of Virgil, a Vatican codex of Terence, and a Florentine one of the Pandects. 4 The Fasti are either Calendares or Magistratuum. To the Fasti Calendares belong the Fasti Prcenestini, published in the reign of Au- gustus, fragments of which have been discovered. Of the Fasti Magis- tratuum, we may mention the Fasti Capitolini, of which some fragments are also extant. They consist of Fasti Consulares, lists of the chief magistrates, and Triumphales, lists of generals who had been honoured with triumphs. QUESTIONS ON THE ROMAN ANTIQUITIES. 1. Wet must the descriptions of the Roman historians be used with caution ? Why cannot the Greek historians and the orators be entirely trusted 1 4. To what was the empire of Rome at first limited 1 When did it extend its power over the whole of Italy ? At the dissolution of the re- public, how was the Roman territory bounded ? In the time of the republic, on what was the actual participation of Roman citizens in the affairs of government dependent ? 5. What was the situation of Rome ? On what hill was it founded ? Who is said to have surrounded all the seven hills with a wall ? Give their names. Who fortified the city again ? What hills did he include ? Explain pomcerium. Into what tribes did Servius Tullius divide the city ? To what was this number increased by Augustus ? 6. Give the original character of Rome as to beauty and architectural decorations ; its charac- ter after its destruction by the Gauls ; in and after the time of Augustus ; and after the conflagration in Nero’s reign. 7. Name the most remarkable porta, and pontes. Name the most remarkable vim. To what city did the via Appia lead ? Account for its name. How were distances marked upon it ? Over what bridge was the via Flaminia carried, and to what country did it lead ? Where was the forum Romanum situated? Describe the situation of the Campus Martius, and for what purpose it was used. Name some principal tem- ples ; some theatres, amphitheatres, and circuses. Of which of these edifices do there still remain some ruins? 8. When Rome was founded, what people dwelt between the right bank of the Tiber and the Rhsetian Alps ? Who were settled between the left bank and the Blare Superum ? who lower down ? Who dwelt to the south of the Tiber? What colonies were there at the lowest ex- tremity of Italy ? Who settled on the Tiber ? By whom, when, and where is the city of Rome said to have been founded ? 9. State what is known of the early position of Rome with respect to its powers and its relation to the surrounding tribes. How did it rapidly acquire internal strength, and an increased population ? 1 0. At an early period, into what tribes do we find the Roman people divided ? Were these tribes probably 180 QUESTIONS TO of the same stock or not ? Which seems to have been the last tha joined the other two ? Who were probably the first patricii ? In what relation to them did the clientes probably stand? 11. Distinguish the plebeii from these. From what offices and privileges were the clientes and plebeii excluded ? By what supposition with regard to the origin of each, may we best account for the relative positions of the patricians and plebeians ? 12. Were the Roman kings hereditary or elective ? Was their power absolute or limited ? What were their principal functions? Who shared their power? 13. What traits do we discover, even in the period of the Kings, of that peculiar character, which was always borne by the Roman people ? What kings showed a disposition to settle the mutual relations of citizens by laws and established regulations ? Which of them mani- fested respect for property, and a political regard to a pecuniary qualifica- tion ? which a reverence for religion ? which a taste for handsome and durable public buildings ? 14. What was the most important of all the political changes under the Kings ? What burdens were laid upon the rich ? by what privileges were these burdens compensated ? 15. When was the monarchy exchanged for a republican constitution under the two Consuls? Was this a total change in the form of the con- stitution? What bodies now became more and more influential ? From what causes? 16. What troubles and contests gradually developed the constitution of Rome ? What was the most important step towards ob- taining independence for the Plebeians? 17. To what was the original power of the Tribunes confined ? What power Rid they soon acquire ? on what occasion? What was the law of Volero Publilius? 18. In what Comitia did the Patricians still exert great influence ? In the Comitia centuriata themselves, how was the ^influence of the Patricians exerted ? 19. After what event did the popular power assume a more decided form ? Why was the Decemvirate created ? 20. What power had the Comitia centuriata possessed ? By what Comitia w r as this power now claimed ? What was the lex Valeria Horalia ? when passed ? What did the lex Canuleja authorize? 21. What led to the establishment of three Trihuni mililum consulari potestate ? Were Plebeians eligible to the military tribunate ? What other new office was created ? Was it exclusively patrician or not? What alterations of sovereign power now occurred? Were the Trihuni militum often Plebeians? 22. By what law were Plebeians rendered eligible to one of the two Consulships? What new offices were created? Were they, either or both, exclusively Patrician ? After what year do we hear no more of two patrician Consuls? What offices were by degrees thrown open to the Plebeians ? By what law were the priesthoods opened to the people ? When ? 22, 23. From the passing of w'hat law must we date the disso- lution of the Patrician order as a political body? What Comitia still retained their power? which of them lost theirs? On what was the new nobility founded, after the admission of Plebeians to all offices? 24. How did this nobility render itself more exclusive? What circumstance connected with the JEdileship (which, as the lowest magistracy, was the necessary first step to all the rest ) excluded many from the great offices 6f state? How did this tend to aggrandize the nobility? Till what event did the government go on steadily and quietly on the whole ? What MANUAL OF ROMAN ANTIOUITIES. 181 legislative, and what judicial power did the people then possess? What authority belonged to the Senate? From what body were the judices selected ? What wars made great exertions necessary ? What was the general result of these exertions ? 25. When did a certain degree of laxity begin to manifest itself both in public and private life ? What was now added to the lust of conquest ? What principle gradually disappeared ? What violent struggle now took place ? What was manifested in this struggle ? 26. By whom were the Senate and nobles in part supported ? Who were the Equites or Knights ? How did they acquire great wealth ? By what oppressive character was their conservative tendency counterbalanced ? How was the number of discontented citizens increased? 27. What was the immediate , what the ultimate effect of the laws passed by the Gracchi ? When did Tib. Gracchus die ? When Caius ? What were the provisions of the lex agraria ? When were the moral corruption and gross venality of the nobility displayed in the strongest light ? What important defeat did the nobility then suffer ? 28. When did the Social war break out? What right did the Latin and Italian people now extort? Of what evils was the admission of this crowd of citizens productive ? Describe its general effect. 29. What re- action in favour of the nobles was brought about ? In what respect did Sulla’s example prove a bad precedent ? When did the people recover their rights? did they also recover the power of exerting them effectu- ally ? Who acquired an overwhelming influence? 30. Who finally appropriated to himself a perpetual Dictatorship ? Did any true republi- can spirit still exist ? What new combination was now formed ? In what did it end ? Under what title did Octavianus concentrate all power in his own person ? Did he allow the republican forms to remain ? 31. Were these forms still retained under the succeeding Emperors? What innovations and changes destroyed even the shadow of Roman freedom ? 32. How were the freemen divided? 33. What two meanings does the word civitas possess? Did Rome ever consider herself as one of the Latin stales ? What were peregrim originally called ? What entire class of citizens were excluded from the most important rights ? 34. What responsibilities were common to all citizens ? Name the most important civil privileges in public life. Explain jus suffragii and jus honorum. Mention some enactments by which the person of the Roman citizen was also protected. 35. In its relation to private rights, how may civitas be considered ? Explain connuhium and commercium When were Roman citizens entirely exempted from the payment of taxes? Of what was every Roman ^citizen obliged to be a member? Where must his name be enrolled ? By what term are the aggregate rights of a Roman citizen expressed ? 36. How were the inhabitants of a conquered territory treated in the earliest times ? What was the nature of civitas sine suffragio ? When was the lex Julia passed ? What rights did it confer on the Latin and Italian tribes? To what country did J. Caesar grant the civitas? On whom did Caracalla bestow it ? 37. In what way was the privilege of citizenship acquired ? How was it lost ? Explain dcminutio capitis. Mention its various kinds or degrees. 182 aUESTIONS TO 38. What division of the citizens was much more permanent than i n a t of the Curias ? What distinction was afterwards introduced ? What new ordo appeared ? Mention some other distinctions. 39. Into how many tribes did Romulus divide the people ? Name them. What does this classification seem to indicate ! With what political measures do the union of these tribes, and their extension by L. Tarquinius Priscus, stand in close connexion ? How were the three tribus divided ? Who was the chief officer of each cury ? What was the most ancient political assembly 1 When did the whole institution of the Curies lose its importance ? 40. Who is said to have established the relation of Patroni and Cli- entes? What duties did the Patron owe to the Client ? what the Client to th t Patron? What might neither do to the other? Was the con- nexion between Patron and Client hereditary? Is the term Client sy- nonymous with Plebeian ? What was probably the origin of the relation between Patroni and Clientes? 41. What change afterwards took place in the clientela ? What were then the duties of the Client ? Give an instance of a national clientela. What connexion existed between emancipated slaves and their former masters ? 42. What do Livy and Dionysius inform us respecting the Patricians? What is a more probable opinion ? Plow were the original citizens with full rights divided ? On this supposition what would the Senate seem to be ? Of what would its augmentation be a natural consequence ? 43. Was c onnubium permitted between the Patricians and Plebeians ? What exclusive privileges did they enjoy? From what time were the Plebeians allowed to take part in the comitia ? Were they ever admitted ,o equal rights with the Patricians? How did the Patrician families gradually become extinct? In the time of the Emperors, how were they replaced ? 44. To whom is the division into classes and centuries ascribed ? What was his object? What advantage had the rich in the division of classes? Who voted first? What was the qualification of the first class ? how many centuries did it contain ? What centuries of handi- craftsmen were also attached to it? 45, 46. Give the qualifications and number of centuries of the second, third, fourth, and fifth classes. Where were the accensi, cornicincs, and tubicines placed? Where were the still poorer placed? From what were they generally exempt? Who broke through this exemption ? Give their names and number of centu- ries. How was each class divided ? 47. Plow did Servius Tullius divide the city? How the country? What change was afterwards introduced ? After the expulsion of the Kings, how many tribes were there at first ? To what was the number gradually augmented ? Is it known when or how ? For what body in the state was the division into tribes especially important? Why? Which were the most respectable tribes ? 48. Name and give the num- ber and character of the tribus urbance ? What change did the Censor Q. Fabius Maximus Rullianus, and, subsequently Tib. Sempronius, the father of the Gracchi, effect "with respect to the tribus rustica and urbance ? When did this division into tribes lose its importance ? 49. When did the word plebs begin to change its meaning? Wha was its new meaning ? How were the higher ranks then denoted ? 50. What does Livy inform us with respect to the palres ? When MANUAL OF ROMAN ANTIQUITIES. 183 and by how many was their number increased ? Who were admitted into the Senate by Tullus Hostilius? Explain patres minorum gentium. In the phrase patres et conscripti (for which patres conscripti was after- wards used), explain the meaning of et conscripti. Give the honorary terms by which the Senate was usually spoken of. Is the assertion that Sulla increased the number to six hundred capable of proof? What limit did its number probably not exceed ? (see note 5.) 51. What were the qualifications for admission into the Senate ? Prove that even at an early period the qualification must have been considerable. 52. By whom were the Senators chosen ? What was in later times a qualification for admission into the Senate ? Explain atas quastoria. From what order were the Senators at first chosen exclusively ? When do we hear of ple- beian Senators ? When did this become common ? Which was the lowest of the great magistracies? Name the insignia of the Senators. 53. What was the ordo equester at its first institution ? Explain the celeres whom Romulus appointed. Which of the Kings is said to have enlarged the centuries of the Knights ? By whom was their number doubled ? What addition did Servius Tullius make ? Where did they vote ? Explain equus publicus and as equestre. 54. At a later period how did the equestrian order acquire political importance ? How did many of the Knights acquire large fortunes ? In later times what was the census equester, and who then became equites ? What Knights did not vote in the ceniuria equitum ? State the insignia of the Knights. What were their epithets of honour ? Explain the phrases vivere angusto clavo c.ontentum, and sedere in quatuordecim. (see note 1.) 55. As the difference between Patricians and Plebeians disappeared, what new classification arose ? Who were considered nobiles ? 5fi, 57. What limited, in practice, the numbers of the nobilitas ? Explain the term homines novi. Name some homines novi who obtained the highest ho- nours. What was the only privilege of the nobility ? Explain imagines. What were the terms for the conservative party, and the movement party ? 58. On what was the exercise of the most important political rights always dependent ? With regard to actual participation in the affairs of government, what distinction of the citizens must we recognize ? 59. Explain civitas sine suffragio and a ger publicus. What became of the ager publicus ? How was a conquered territory secured ? What was virtually the condition of the coloni ? What did they retain ? What did this arrangement often produce ? 60. What is the difference between colonia civium and colonies Latina ? When was the establishment of any colonia civium suspended? When revived? At a later period to what country were colonia civium sent ? Under the Gracchi with what object were colonia civium sent out ? When and why were military colonies established ? 61. Describe the sending out of colonies. 62. Explain the term and the constitution of municipia. Did all the municipia possess the suffragiuin ? When were all the Italian towns made municipia cum suffragio ? When were there also municipia in the provinces? 63. Explain the prafectura. Give an instance of a prafectura. By whom were the prafectura governed ? Did they ever obtain the svffragia ? 64. Explain ingenui and libertini. 184 QUESTIONS TO 65. Explain the different condition of conquered tribes in the earlier and later times. Explain the term peregrini. What was the condition of those peregrini who were also socii ? How was their relation to the state generally defined? What did their condition finally become ? What were the principal allied states which retained their own form of govern- ment ? 66. What was the condition of other peregrini ? What were they called ? Did the peregrini possess the jus suffragii and honorum ? To what were they liable ? What private rights did they not possess ? What restriction on the judicial rights of peregrini existed in the older times ? When was it removed ? Mention some legislative enactments against the peregrini. 67. Among the socii, who were the most remarkable? How is the peculiarity of their relation to the Roman state expressed ? When and by whom was Alba taken ? What became of its inhabitants ? In whose reign did Rome become the head of the Latin confederation? Were the wars between Rome and the Latins renewed ? how long were they con- tinued ? Did they obtain equal rights ? Who were also admitted into this confederation? 68. When was the whole of Latium brought under the Roman yoke? What was the condition of the Latini? Was their connexion with Rome different from that of the other socii ? Under what circumstances might they be admitted to the freedom of the city? For what purpose did the Romans frequently employ the Latin people? 69. When were the Latins and their colonies admitted to the freedom of the city ? What cities soon afterwards received the privileges which the Latini had before possessed? When was this arrangement extended to the provinces? From the time of Tiberius, by what name were such libcrtini expressed, as had the commercium but not the connubium ? Might they be admitted to the full privileges of citizenship? Was the constitution of the Italian other socii essentially different from that of the Latins ? What was the j us Italicum ? What its principal effects? 70. How were slaves looked upon ? What power had masters over their slaves? Explain ergastulum, in pistrinum duri. (see note 3.) 71. Explain demensum, peculium, vendi sub coronA, de lapide emptum esse. (see note 4.) What misdeeds or misfortunes rendered a citizen liable to be punished by enslavement? Who were the mangones ? 72. In what three ways was emancipation effected ? Explain manu- mission per vindictam. (see note 6.) What more simple forms of manu- mission were afterwards employed ? On what did the Lex LElia Sentia make the right of manumission dependent? 73. Distinguish between libertinus and libertus. What name did the emancipated slave take ? What if he died intestate ? Did he enjoy all the public rights of a free- born citizen? From what tribes was he excluded? from what honours and offices? Was the same regulation observed with regard to the filii libertinorum ? 74. In the best days of the Republic how was political power divided ? What belonged to the people? State the powers of the people. 75. To what body'did the executive authority, strictly so called, with its over- whelming influence, belong ? By whom were the officers of state chosen ? 76. Explain comiiium (sing.) Explain concio (or contio). (see note 7.) How many Comitia were there ? To what form of constitution did the curiata belong? Whom did the centuriata comprehend ? To whom did the tributa belong exclusively, or, in a great measure ? When did MANUAL OF ROMAN ANTIQUITIES. 185 the Comitia become turbulent and corrupt ? Explain Divisores, inter - pretes , sequestres. (see note 8.) When did they lose all their import- ance ? When were they entirely suppressed ? 77. Explain dies comitiales. What previous notices were necessary? On what days could comitia never be held ? Explain the term profiteri. 78. Within what space of time must the business of the Comitia be transacted ? What caused the proceedings to be adjourned ? Explain morbus comitialis. (see note 9.) Explain servare de ccelo. Explain the frequent occurrence in Consular edicts of “ Ne quis magistratus minor de ccelo sermsse velit.” 79. Where were the Comitia curiata held? When did they gradually lose their importance ? What purpose did they thenceforth serve ? In later times did the Curies ever assemble ? Explain Comitia calata. 80. Where werff the Comitia centuriata held ? By whom ? What business was done in the Comitia centuriata 1 When did capital offences cease to be tried in the Comitia centuriata ? 81. How long before the day of meeting was the subject for discussion published ? How was this interval employed ? Explain suadere, dis- suadere legem. On the day of meeting, what preliminary observances were practised ? Where were the Comitia generally held ? How were they opened ? 82. Explain intercederc. If no objection were made on the part of the Tribunes, and no religious obstacle existed, in what form did the presiding magistrate put the vote ? What was the tenn for put- ting the vote ? Who voted first ? Did the voting usually go through all the classes ? Was the great preponderance of the rich ever dimi- nished ? What division of the people was then allowed its influence ? Explain centuria. prarogativa. 83. How were the votes given ? Explain Uti rogas, and Antiquo ? Explain pontes, ovile. Explain the manner of voting. How was the law adopted by the assembly registered ? 84. What were the regulations common to both sorts of Comitia? Could the decision of the Augurs reverse a resolution formally adopted by the Comitia? (see note 5.) How were their resolutions confirmed in the earlier times ? Explain auctoritas patrum. What did the lex Publilia provide ? / 85. Did the regulations mentioned in the preceding paragraph apply to the Comitia tributa ? Where were these held ? When were Comitia tributa first introduced ? By what laws were they legally established ? What judicial authority did they exercise until the laws of the Twelve Tables ? What magistrates were chosen at these Comitia ? After the lex Domitia, what change was made in the election to the priesthood ? 86. When did the legislative power of these Comitia become great? What powers belonged exclusively to these Comitia ? By whom were they generally held? Could they be prorogued by the 1 obnuntiatio'? Who seem to have absented themselves from the Comitia tributa ? Was legist lative power ever withdrawn from them? by whom restored? 87. What was the province of the Senate ? In extraordinary emer- gencies, in what form did the Senate call on the magistrates to act as circumstances might require ? When did the Senate lose its real power? How long did it continue to exercise some legislative and administrative authority ? 88. By whom was the Senate convoked in early times? Where did it generally assemble 1 Where might it be held ? Mention soire temples 186 QUESTIONS TO in which the Senate was often held. What is the phrase for giving an audience to an ambassador? What terms denoted regular and extraor- dinary meetings? Between what hours were the meetings of the Senate held ? 89. Explain referre ad senatum, rogare sententias, sententias di- cere, verbo senicntiani dicere, verbo assentiri. In the earlier and later times (respectively) who were first called on ? who next ? Explain egredi rela- tionem. What is the phrase for speaking against time ? 90. What was the actual voting called ? Explain the request divide sententiam. What was a decree of the Senate called ? Where were such decrees kept, and under whose custody? What was necessary to make a decree of the Senate valid ? How might those who absented themselves without rea- sonable cause, or grossly violated standing orders, be punished ? What power had the Tribunes over the decrees of the Senate ? Distinguish between Senatils auctoritas and Sen, aids consultum. 91. What does magistratus signify ? (see note 7.) In ancient times, who possessed the supreme executive and judicial authority ? What royal privilege was afterwards intrusted to the Rex sacrif cuius 1 How were Kings supported ? What was a part of the royal demesne ? What magistrate succeeded the King? 92. What magistrates were afterwards appointed ? When first ? Explain prorogare imperium, or provinciam. From what practice did the appointment of Proconsuls and Propraetors arise ? 93. Who united all the powers of the state in his own person ? In the time of the Emperors, did the great officers retain their names and outward distinctions ? What new magistrates were then appointed ? What powers did the Prafeclus TJrbi, Prafectus Pratorio, and Pree- fectus AnnoncB (respectively) possess? 94. From whose times was an entirely new organization of the government and public offices intro- duced? How were the great state officers then designated? 95. Who were the ordinary magistrates? What magistracies were extraordinary? What ordinary magistrates enjoyed nobilitas or official rank? 96. If we compare the Roman magistracy with that of more modern states, what striking difference do we perceive ? 97. When did the administration of the provinces become extremely lucrative ? What difference was there between the ancient and most modern magistracies, as to their time of office ? What office was held for more than a year? for how long was it held ? Mention a third distinction with regard to the qualifications of magistrates. 98. In matters of great importance who acted as a consilium to the Consuls ? to the provincial officers ? to the general? 99. Till whose time did the people choose their own magistrates? What qualification was at first necessary ? What offices could not be held by Patricians? If a Patrician desired to fill one of these offices, what was necessary? In what order were the great magistracies sought for and held? What was originally a necessary qualification for office? What afterwards? Give the ages required in candidates for the Quees- torship, iEdileship, Prsetorship, Consulship. Explain Consul suo anno. 100. Explain the term candidaii. Explain nomen pro fieri, ambire, am- bitus, prensare. In the early times, when did the magistrates generally enter on their office ? With what exception? When were the elected magistrates termed designati ? What were the forms of their invest- ment? 101. What restrictions were there as to the number of offices a person could hold, or the frequency with which he might hold them ? MANUAL OF ROMAN ANTIQUITIES. 187 Were any of these regulations ever relaxed ? How old was Scipio Afri- canus minor when he was chosen Consul the first time ? Mention some other remarkable elections to the high offices. 102. What is the general term for magisterial authority? What rights did the Roman magistrates possess within their own jurisdiction ? What magistrates had not the right of taking the auspices ? Which of the high magistrates could not call the Senate together ? Which of the inferior magistrates could assemble the Senate ? How could the magis- trates enforce their authority ? 103. Explain vocatio and prehensio, and state what magistrates possessed these powers. Is it certain that a magis- trate could not be cited before a tribunal during the continuance of his office ? In Catiline’s conspiracy, what step was Lentulus compelled to take previously to his trial ? If the auspices had not been correctly taken, ■what might a magistrate do? Explain imperium. 104. How was the imperium committed to magistrates ? By whom could it not be exer- cised? If a pro-magistrate who enjoyed the imperium in one of the provinces desired to have a triumph at Rome, what was requisite ? What security existed against malversation in office ? What were the insignia of the higher magistrates ? What was the Sella curulis ? (see note 3.) What rank did the ex-magistrates enjoy? Give their names. N 105. What seems to have been the original name of the Consuls? Over what magistrates could the Consuls not exercise authority ? What was named from the Consuls ? State generally the power of the Consuls. When did they cease to administer justice in ordinary cases ? In time of war, what power did they exercise ? If there were only one war, who usually commanded the armies? If there were more than one, how was it settled which Consul should command each army ? Explain comparatio. Explain prorogate imperium. 106. In the latter days of the Republic, when did the Consuls command the army ? Explain Consul subrogatus, svffectus. What was the distinctive mark of the consular dignity? When had each Consul the fasces ? Explain the term Consul Major. (see note 4 ) When did the Consulship lose its importance ? After the partition of the empire, was the number of the consuls doubled ? What was done ? What was the last occasion on which a private individual filled the office of Consul ? 107. How often was the succession of Con- suls interrupted ? What was the first interruption ? For what purpose ? What was the second interruption? Account for it. What magistrates were created ? Who were eligible to the office ? How long did the Tribuni Mililum consulari potestate last ? What law provided that one of the Consuls should be chosen from the Plebeians? What was the number of the Tribuni Militum consulari potestate ? 108. How must the Praetorship be viewed? When did the Praetor- ship become a separate magistracy ? Show how closely this magistracy resembled the Consulship. Was the Praetorship ever filled by Consulates ? 109. What was the especial province of the Praetor? Explain the mean- ing of the Traitor’s Edict. Explain judiccs dare. In appointing to the Praetorship, was regard had to the legal knowledge of the candidate ? Of what games had the Praetor the management ? Explain Praetor ur- banus, and Praetor peregrinus. When did this division of the Praetor- ship begin ? When were the duties of both offices discharged by the Praetor urbanus? 110. When was the number of Praetors raised to four? when to six? When the qucestiones pcrpetuae (182) were intro- i88 QUESTIONS TO duced, when did the Prtetors go to their provinces? ( Ans . Not till after their year of office ; they then commanded in the provinces as Proprce- iors.) Were the judices quastionis magistrates? In what period were such judges appointed ? (see note 7.) What was at last their number? Under the Emperors, to what was this office restricted ? Had the Praetor any lictors? 111. By the constitution of Servius Tullius, how often was the supreme magistrate required to hold a muster of the citizens? for what purposes ? When and why were the two Censors created ? How long did they continue in office? What prevented the census from being always held within the time appointed by law ? What did the Censor not possess ? What rights did he not possess ? In later times, by whom was this office filled exclusively ? 1 12. Where was the quinquennial census held ? Explain the term incc.nsus. What was each citizen obliged to do ? Of what was he not obliged to render an account ? Were debts taken into the account? Was any tax then imposed? '113. Explain censura morum. What penalty might the Censor inflict ? What was the proper term to denote this? on whom was it usually inflicted? How did the Censor punish a Senator ? a Knight ? Explain tribu moveri, and in Caeritum tabulas referri. Explain mrarium facere. 114. When were all the citizens no longer personally enrolled at Rome ? Might one Censor reverse the judgments of the other ? Might the Censors of the following lustrum remove the ignominia inflicted by their predecessors? Explain the term lustrum, (see note 3). If one of them died, what was his colleague obliged to do? 115. What was an especial branch of the Censor’s duty ? Explain the term publicani. When did the Censors cease to be elected by the people ? Under the Emperors, who sometimes discharged the office ? 116. When were the two Plebeian iEdiles first created ? When were two Curule iEdileships added ? For what purpose ? Were they held by Patricians or Plebeians? What were the duties of the iEdiles? 117. Was the difference between the Plebeian and Curule iEdiles an im- portant one? What insignia might the Curule iEdiles bear? When and how did the office of iEdile become very expensive ? What games were superintended by the iEdiles? What iEdiles did Ctesar add ? 1 18. Is the origin of the Quaestorship known ? By whom were the Quaestors chosen at first ? When did this arrangement cease, and who then elected them? Was the office originally patrician or plebeian? Which of the Quczstors accompanied the Consuls in their campaigns ? How many Qucestors were there originally ? When and why were four more Quaestors appointed ? What was the greatest number of Quaestors afterwards? 119. What were the duties of the city Quaestors ? What of the provincial Quaestors ? How were their provinces assigned to them at a later period? To what was the Quaestorship the first step? What right did it give its holder ? What body was latterly in a great measure filled up from the Quaestors? Did the office continue under the empire? 120. Who were the Tribuni eerarii ? When had this office disappeared ? Was the name ever revived? was the office the same? 121. On what occasion was the Tnbuneship of the People created? How was the person of the Tribune protected ? What was the number of the Tribunes at first? What afterwards? From whom were they chosen ? Had the Tribunes any right of co-optation, i. e. of filling up MANUAL OP ROMAN ANTIQUITIES. 189 vacancies in their own body ? Were they magistrates ? What was their single duty ? Explain intercessio. 122. What powers did they soon arrogate to themselves ? When the distinction between Patricians and Plebeians lost its political importance, what was the object of the inter- cessio 7 How was this intercessio sometimes enforced ? What right had the Tribunes with reference to the Senate ? Could one Tribune nul ify the decisions of the rest by his intercessio ? What means were there of rendering the intercessio of the Tribunes inoperative ? 123. What did Tiberius Gracchus venture to propose to the people ? How far from the city did a Tribune’s authority extend ? How was a Tribune’s absence from Rome restricted ? Who were disqualified for the Tribunate ? When did great abuses in the intercessio begin to occur ? How did Sulla curtail the powers of the Tribunate ? When were these restrictions re- moved ? Under Augustus, who received the Tribunicia potestas ? Who bore this office under the succeeding Emperors'? 124. Who were the Triumviri capitales? Explain the term or title Triumviri monelales, or iii Viri AAAFF. Who were the Curatores viaruin ? Who were the Decemviri litibus judicandis ? What were these officers called collectively ? Who were the Triumviri nocturni ? ^125. When was a Dictator chosen for the first time ? On what occa- sion? Explain dictatorem dicere. For what purposes were Dictators appointed ? At what Comitia were they originally elected ? At a later period, by whom does the Dictator seem to have been chosen? 126. Who was his assistant or second in command ? what rank belonged to him ? What power did the Dictator originally possess? Was there any excep- tion to the suspension of the other offices ? How long did the Dictator- ship last ? Was the office always patrician? Was its power ever cir- cumscribed ? At the end of the Republican period, who were invested with a perpetual Dictatorship ? 127. On the death of a King, how was the interregnum managed ? In the time of the Republic, when was this practice revived ? Give an instance of such revival. From whom was the Interrex chosen ? When do we again find Interreges ? 128. Who was the Prafectus urbi or Custos urbis ? For what purpose was such an officer retained in the time of the Republic ? By whom were the official duties of the Consul discharged in such absences ? What was the office of the Prafectus urbi under Augustus? 129. Who were the Scribes? How were they divided? How were they distributed among the magistrates ? How were the Scribce originally looked upon ? how afterwards ? 130. Give the names of the servants or official attendants on magistrates. 131. Who were the Preefecti annonce ? Give the names of some. 132. Distinguish between jus publicum and jus privatum. How was jus privatum subdivided ? 133. To what did the jus civile owe its origin? How was the jus civile augmented? By whom were laws drawn up? By whom ap- proved ? Explain jus honorarium. What did the Prcetor urbanus do when he entered on his office ? 134. How long did the Praetor's Edict continue in force? Was the effect of the Praetor's Edict quite lost on his quitting office ? How must we look on the Prastorial edicts ? Explain the terms res judicata, responsa. In the time of the Emperors, what official jurists were publicly appointed ? 135. From the time of Augustus, what superseded the edicts of the 190 QUESTIONS TO Praetors? What collections of royal ordinances were made? .136. Ex plain Codex, Digcstas, or Pandccl.ce, Instiiutiones. What was the Codex Repctitce Frailectionis? What the Novella? 137. In both publico, and privata judicia, what is a peculiarity of Roman law ? Who decided the legal question ? who the question of fact ? How far did the judices correspond to our notion of judges ? What term denoted the proceedings before the magistrate ? what those before the judices ? Were the magistrate and the judges professed law- yers ? Show that legal knowledge, in the time of the Republic, was more widely diffused than in our day. (see note 5.) 138. In whose hands was the administration of justice placed at first? In whose at a lateffperiod ? What did the Praetor settle? After the pre- liminary proceedings [in jure] what did he leave to the decision of the judices? Who provided that the sentence of the judices should be car- ried into effect ? What was the collective name for the exercise of the Praetor’s judicial functions ? Explain the words do, dico, addico, as in- dicating the Praetor’s functions. Where did he preside ? With what was the Prcetor urbanus occupied ? 139. With what were the other Praetors charged ? In the municipal towns and colonies, how was justice admi- nistered ? In the provinces, who exercised jurisdiction ? In the days of the Empire, who was the chief magistrate ? Who were under him ? When did the difference between jus and judicium, cease? Explain that distinction. 140. To whom did the investigation of the factum, and the judicial decision consequent on such investigation belong ? How and by whom were the judices chosen? How were they divided? (Into decuri®)) What were the whole body qf judices termed ? (Judices select!,} Who were the Recuperatores ? i(From the name one would suppose them to be the judges in causes where property or damages were to be recovered, cf. 170. The term occurs as strongly opposed to a single judge ; from which it follows that, there were always several Recuperatores.) Who were the Arbitri ? ,(A judge .was probably called Arbiter, when he was to deteimine the cause on principles of equity : an arbitrium was an actio bonce fidei, to be determined ex aequo et bono : nor was a definite amount claimed as in. a judicium. 1 ) Was an Arbiter always appointed by the Pr®tor ? /(No: the parties might choose a private Arbiter, who was called Arbiter honorarius or disceptator domes ticus.) From whom were the judges originally chosen? (From the Senate:) When were the judicia given to the Equites? (From the time of C. Gjacchus.) Were they ever (and if so when) restored to the Senate? (Yes: in Sulla’s time.) Was any other change made? (Yes':!, in b. c. 70, they were divided between the Senators, Knights, and Tribuni cerarii.) Who were the Tribuni cerarii? (see note 7.) Did the leges judiciaries which enacted these changes in the judicial body, relate to both publica and privata judicia ? ; (No; probably only to the publica judicia,. 2 ) What change did C®sar make? (He took the judicia from the Tribuni cerarii.) In the municipal towns and provinces, how were the judicial functions 1 Gajus 4, § 105, Recuperatoria et qu® sub uno judice, &c. : § 109, Si Rom® aput recuperatores agamus, vel aput unum judicem, &c. 2 See Diet. Antiqq. p. 532 : so also Walter, and Osenbrttggen in hi? review of this work. MANUAL OF ROMAN ANTKiUITIES. 191 discharged ? 141. Of what court do we read besides the court of tne Praetor ? What was properly the number of the judges ? Is the nature of the Decemviral court (. Decemviri litibus judicandis) known? 142. What were the counsel called ? Were they necessarily accom- plished Jurists ? What did the lex Cincia de donis et muneribus enact '? Was any change made at a later period ? Who were the Advocati ? 143. Of what rank (originally) were the Jurisconsulti or prudentes ? Whom, did they direct] What were the terms by which their legal opinions were denoted ? Mention one of the most renowned Jurists. When did he flourish? Mention some other celebrated Jurists. (Ulpia- nus, Paulus, Papinianus.) 144. What was the chief qualification for the enjoyment of civil rights ? Who alone had the cotmubium and commercium ? Who were excluded from a participation in these privileges? What was another qualification for the full exercise of civil rights ? What was necessary before any citizen could engage in any legal process ? Were any regu- lations afterwards adopted for the benefit of minors? 145. How are private rights divided by Jurists? Distinguish between possessio and dominium. How was dominium subdivided ? What were res mancipi? Was the acquisition of ownership accompanied by legal forms ? Explain mancipatio. What is the contrary term to res man- cipi? (see note 9.) 146. In what ceremonies besides those relating to the acquisition of property, did a mancipatio take place ? What was a simi- lar legal process called? Explain in jure cessio. Explain usucapio. What period established prescription for immoveable property? What for other property? Were the regulations respecting prescription after- wards altered 1 147. Define obligatio. According -to the Roman Jurists, to what did all obligatory rights owe their origin ] Between whom alone could con- tracts be entered, by the old strict Roman law ? At a later period who also could enter into contracts ? 148. Name the principal forms for con- tracts. Explain nexus. By the laws of the Twelve Tables, what was the condition of debtors who bound themselves by nexus ? What law exempted the person of the debtor from imprisonment in chains ? When was it passed ? Was it always observed ? Explain stipulatio. To what had written contracts especial reference ? 149. Explain nomina facere (scribere, perscribere.) How were payments frequently made? How were obligations incurred in the provinces] 150. To what crimes did obligations ex delictis extend? Explain furtum manifestum. By the laws of the Twelve Tables, how might, a thief taken in the act be punished ? By the praetorian law, what was enjoined in cases of furtum manifestum? What in cases of furtum nee manifestum ? What was enforced in cases of actual personal injury, injuria, unless ihe matter was settled by compromise ? For smaller offences of this description, what penalty was inflicted ? By the praeto- rian law, what was substituted for the talio? 151. Define damnum. How was it atoned for ? When violations of (landed) property became common in the Civil War, what penalty was imposed ? 152. What did a malrimonium justum presuppose on both sides? Define cotmubium. Name the strict forms of a matrimonium justum. Describe confarreatio, coemplio, usus. 153. By what terms was the wife's subjection to her husband denoted ? Did the wife ever remain sub- 192 QUESTIONS TO ject to her father or guardian, or at her own disposal? When? Did the strict forms of a matrimonium become more or less common in later times? Explain matrimonium injuslum • What did a matrimonium in- itiation not confer on the children? on the father? 154. Was bigamy allowed? Were there any (and if so, what) pro- hibited degrees ? By what was the marriage usually preceded? Might a betrothal be cancelled ? Who usually gave a dowry to the bride ? Might the marriage ever be annulled ? when ? What are the terms for divorce, and to divorce a wife ? Explain repudium. 155. By what form were marriages by confarreation (152) dissolved ? Did divorces gradually become more or less common ? By whom was the sanctity of marriage enforced ? When and why was the lex Poppcca passed ? 156. Explain patria potestas. When was the form of adoption called arrogatio used ? Where did it take place ? In whose presence ? What powers did the father possess over his children ? 157. Could a son in patria potestate acquire property ? Was the father obliged to discharge debts contracted by his children ? Explain peculium. By what was the parental authority forfeited ? How did adoption differ from arrogation ? In whose presence was it concluded ? by what acts ? of what other modes of adoption do we read ? 158. Distinguish between agnatio, cognatio, affinitas. 159. What was understood by the term gentes in the most ancient times? To such a gens, who were attached as subordinate members? Who alone claimed the term gens ? When did questions begin to arise respecting the right of genlilitas ? i 160. How was the guardianship of minors, or the administration of their property settled ? How was an unfaithful guardian punished by the Twelve Tables ? How was the guardianship of viduai settled? Ex- plain turpe judicium tutelce. Explain the extent of the term viduai. 161. What women might manage their own property ? When did they necessarily require, the auctoritas of a guardian ? For whom were cura- tores sometimes appointed on the application of the family? What was their office? Who appointed a curator for minors? 162. By the old strict law, who did and who did not possess the full right of making a will ? Who could not be named as an heir ? By the lex Voconia, what class of persons could not make a woman their sole heir? What limit was there to the amount of legacies that could be left by such persons to women? 163. In the time of Augustus, who were excluded from the right of inheritance ? Name and explain the three descriptions of will. Which description was retained the longest? Ex- . plain hares ex asse, hceres ex dodrante, Imres ex besse, &c. 164. When was a testament invalid ? If a man died intestate, who were his natural heirs ? In default of such, who inherited ? To whom did the inherit- ance of a freedman, who left no natural heirs, fall? 165. What provisions of the civil law of inheritance were exceedingly unjust ? By what were these severe clauses afterwards modified ? What did the pratorian rule of succession not constitute? Was the prtetorian testament in writing ? Against what was it not valid ? Explain bonorum possessio contra tabulas. When and by whom was this granted? Ex- plain bonorum possessio secundum tabulas. 166. Explain the difference between proceedings in jure, and proceed- ings in judicio. What were the most ancient forms of legal process? MANUAL OF ROMAN ANTIQUITIES. . 193 Who only could avail themselves of the legis actiones ? What did they necessarily require ? Explain actor, petitor, reus. What involved the loss of the suit ? Among the .various forms, name the most important, and that which was longest retained. 167. In pleas in rem, what wa« often added to the legis actio Sacramento ? Explain the term vindicicE. In the case. of immoveable property, or of objects which could not be brought whole into court, how was this form managed ? 168. What were afterwards introduced instead of the old symbolic forms? What was the general effect of the introduction of actiones? 169. With whom did the choice of the actio rest ? What was the con- sequence of an erroneous choice ? Explain plus petere. If the cause was not thus rejected, what formula did the plaintiff receive? 170. Name the parts of this formula. Were all these parts found in every formula? What was stated in both the pleadings and the judgment in every actio which sought to recover from the defendant? 171. Explain the term prascriptiones or exceptiones.' Give instances of a praescriplio ; of an exceptio. To whom did the investigation of the fact on which the exception was founded belong? A 172. How did the proceedings in jure commence ? In ancient times, on what was the compulsory force of an in jus vocatio dependent? Ex- plain vadimonium. Explain vadimonium promittere , vadari, vadimoni- um sistere, vadimonium desererc. (see note 7.) 173. What was done when the magistrate and counsel were instructed by these preliminary proceedings concerning the character of the actio which the plaintiff de- sired to adopt ? What officer was named in the. writ? Who seems to have had the right of proposing the judex ? Explain the form iniquum ejero. If several judges were appointed, with what did the proceedings injure conclude? (In any action for recovery ) what were they called? 174. Must the proceedings in judicio be concluded in one day? How . was the case to be proved? Distinguish between tabula juslat, or codices accepti et expensi, and adversaria, (see note 9.) What change did the process by formula introduce with respect to the plaintiff’s personal ap- pearance ? Explain and distinguish between cognitores and procuratores. At the close of the proceedings, what did the judge do? By what form of words did he decline to pronounce sentence? 175. Were there any means of reversing an unjust sentence ? What means ? By what was the operation of the sentence sometimes enforced ? Mention some de- scriptions of condemnation which were attended with infamy. What did non-appearance occasion ? Mention some modes of discouraging un- necessary or pettifogging actions. What followed if the sentence were not obeyed ? 176. Explain the interdicta of the Praetor. 177. Explain judicia publica. By whom were they originally con- ducted ? After the expulsion of the Kings, who presided over these courts ? How were capital offenders tried ? After the introduction of the Tribuneship, what class of offenders were sometimes summoned by their Tribunes before the Comitia tributa ? Give instances. 178. Ac- cording to the laws of the Twelve Tables, where only might capital offences be tried ? What power did the Comitia tributa still retain ? When were the qurestiones perpctiue introduced ? What causes came unuer the qucesliones perpetuce ? ( De repetundis, majestatis, de sica- riis et venejicis, de parricidis, peculates, ambit As, de numis adulterinis, 9 194 QUliSlIONS ro de falsis, or testamentaria : de vi publica. Diet. Antiqq.) Did the judex quastionis manage the proceedings in jure, or those in judicio ? ( Bojescn says the proceedings in jure : but this seems incorrect, thus C. pro Cluent. 54 : jubet lex ea . . . judicem quaistionis . . . cum Us ju- dicibus, qui ei obvenerint . . . queer ere de veneno, from which it would seem that the judex quastionis presided at the trial, as president of a body of judges chosen by lot. 3 ) By whom were the queestiones perpetucB originally conducted? by whom afterwards? Did the immediate judi- cial authority of the people now increase or decrease ? 179. Had the Senate any judicial authority, strictly speaking, over the persons of citi- zens? Did the Emperors invest the Senate with any judicial authority? What officer had also a criminal jurisdiction in the times of the Empire ? During the Republic, by whom was the criminal jurisdiction, beyond the walls of the city, exercised? What exception was there to this? 180. Who only could appear before the popular tribunals as accu- satores ? How was sentence passed ? Who might act as prosecutor in the Prastor’s court ? When was the office of accuser respectable ? Ex- plain the terms divinatio, subscriptores. 181. How did the prosecutor commence his proceedings ? Explain delalio nominis, calumnia, recep- tio nominis. Whence were the judges selected ? Did their number vary ? What number did it usually exceed ? Who had the right of challenge, against the judices ? How was the trial itself latterly divided ? 182. How did the lex Julia limit the principle that in criminal proceedings persons might be compelled to bear witness? By what were the quees- tiones of slaves accompanied ? In what causes was it at all events irre- gular to torture the slaves of the accused? Explain vestes sordidee. Was the number of defenders ever limited ? Explain condemnatio, abso- lutio, ampliatio. On what were the votes inscribed? Plow was the carrying of the sentence into effect insured ? What means were there of protection against unjust sentences ? 183. What offences generally formed the subject of criminal proceed- ings in the judicia publica ? Explain crimen majestalis, perduellionis, repetundarum. What change took place with reference to causes repe- tundarum ? When and where was a governor impeached ? How were those who prosecuted such a magistrate to conviction, rewarded ? Ex- plain peculatus, ambitus, vis, falsum, sacrilegium, plagium. 184. What were the punishments in the days of the Republic? Was corporal punishment ever abolished? How was death generally inflicted ? What were the more ancient modes ? For parricidium, what was the punishment ? Plow were Catiline’s accomplices punished ? How was the punishment of exile rendered effective ? Whither did banished persons usually retire? 185. What were the usual punishments for the more grievous offences against the state ? How were criminals frequently punished under the Emperors? Explain deportatio,relegatio. To what labour were criminals also condemned ? 186. What treaty do we hear of in very early days of the Republic ? Plow was the negotiation of treaties conducted ? What privilege did 3 Madvig, in an essay on the judex quaistionis , maintains that this officer presided over such queestiones perpetuce as the Praetors could not preside over themselves, and that the number of these queestiones made it necessary that such judices queestionis should be appointed. MANUAL OF ROMAN ANTIQUITIES. 195 Ambassadors enjoy? On what conditions? How were these treated who miscond icted themselves towards a foreign Ambassador ? ^187. What step was taken w r hen any injury was received from a foreign nation? What was the effect of a declaration of war by the Fetiales? 188. Were these rights always enforced? By whom was the conclusion of peace celebrated ? Explain the term includes. Was c sponsio concluded by the commanders always ratified by the state ? If such a sponsio was ~>not ratified, how was the general who concluded it treated ? What more favourable treatment did conquered nations some- times experience ? 189. From what expenses was the Roman Republic exempt? What were the heaviest charges ? When was pay first decreed to the army ? 190. With what duty was the Exchequer charged in seasons of scarcity? What regulation, in conjunction with the large amount of private dona- tions, attracted a crowd of broken-down or idle persons to Rome ? What did a lex frumentaria of C. Gracchus establish ? (see note 2.) What did Clodius introduce ? (note 2.) Did this last long ? (note 2.) 191. Who or what were maintained by the proceeds of the public estates ? What other funds seem to have been applied to the mainte- nance of public worship ? How early do we find mention of porloria and tributa? Of what do the tributa seem to have consisted originally? When was a property-tax imposed ? After the expulsion of the Kings, who seem for a time to have been exempted from these payments ? 192. What was the standing direct contribution from Roman citi- zens? Was it ever arbitrarily increased by the Censors ? Why? By whom was it collected ? Explain vicesima manumissionum. 193. Mention some extraordinary sources of revenue. How were some conquered states (e. g. the Aurunci, b. c. 502) made to contribute to the state revenues ? 194. What were the standing contributions from conquered countries ? From what was Italy exempt ? What was an important item of the revenue ? When the Romans conquered a country, of what portion of it did they take possession ? 195. Where were considerable tracts of this ager publicus to be found ? How was the pasture land ( saltus ) leased out ? Explain scriptures. Who farmed the scriptures 1 In ancient times, whom do we find exclusively in occupation ( possessio ) of the cul- tivated land? What did they pay for it? Name some other productive sources of revenue. What became in Italy a state monopoly at a very early period ? 196. Was the income of the state collected immediately by govern- ment ? What exception was there to this ? How was the collection of the state revenues managed ? What was the term for letting the public taxes, &c. ? ( vectigalia locare ). for taking or farming them ? ( vectiga - lia redimere) . Where, and with what formalities did the bidding take place ? When a societas publicanorum took a public tax or other source of revenue, who acted as its representative in making the purchase ? 197. Explain familia publicanorum. Who were the principal govern- ment contractors? Who were disqualified from undertaking any public contracts ? 198. What did the large sums which flowed into the Exchequer from foreign conquests, enable the government to dispense with ? When was the property- tax suspended? What did the lex Thoria determine with V 196 QUESTIONS TO respect to the ager publicus ? From the year b. c. 60, on what was the existence of the Roman state in a great measure dependent ? 199. During the Republic, by whom were all affairs of finance trans- acted ! Who were the principal officers of finance ! What was the public Treasury termed ! In what building was it included ! 200. How did Augustus diminish the importance of the a, rarium? Fot what benefits to the army and people, did the Emperors compensate by new taxes I 201. From whose reign was the financial administration entirely changed ! In subsequent reigns, by what was the public expen- diture considerably increased ! 202. How were the inhabitants of vanquished states treated '? If they were transferred to the slate, did they become citizens ? with what re- striction or curtailment of rights ! For the management of their political affairs, what officer was sent out every year from Rome! How was their local business conducted ! 203. By what time had most of these cities acquired the full rights of citizenship ! Explain Latini, Itali, socii womenque Laiinum. What was the condition of these Latini? Did any of them gradually adopt the Roman civil code ! 204. When were the several Italian states amalgamated into one empire ? What did the allied states and Latin colonies then become 1 What did this confer on their inhabitants! In these municipalities, by whom were the local business, and questions affecting the' rights ox in- dividuals, settled ! What offices, respectively, did Milo hold in Lnnu- vium, and Cicero’s son in Arplnum ! (see note 5.) Where were im- portant criminal proceedings conducted ? 205. Did the Prefectures, of which we read even after the Julian law, differ essentially from the muni- cipia ! By the lex Julia, was Gallia Cisalpina comprehended in Italy ! To whafr-other province was the right of citizenship soon extended! When did the Transpadani receive the privilege of citizenship! Under the Emperors, what form did Italy gradually assume ! 206. Whenever the Romans desired to retain a conquered country as the property of the state, what did they do! Name the most ancient provinces. By whom w’as the first settlement of the province effected ! 207. At first, v'ho only were chosen as Governors ! What change was soon afterwards introduced ! Was a similar change ever made with reference to the Consuls ! How were the provinces divided ! how as- signed ! What arrangement did a law of the younger Gracchus intro- duce with reference to the consular provinces! In Cicero’s time, what enactment was made with reference to both consular and praetorian pro- vinces ! Did the people ever themselves assign a province to a Governor ? Give an instance. 208. With what was the provincial Governor invested, before his de- parture from Rome ! With what was he furnished ! What was his position in the province ! By whom was he assisted in the administra- tion of his office ! Flow was the number of his Legates determined ! Who chose his Legate and his Quaestor ? On what terms did these offi- cials live with the Governor ! What was the Praetorian cohort, properly so called 1 What was his second cohors Pretoria ? 209. By the Cornelian law, what was the Governor required to do after the expiration of his term of office ! For what purpose were depu- tations frequently sent to Rome from the provinces ! Into what did this practice sometimes degenerate ! What right did the inhabitants of the MANUAL Or ROMAN ANTIQ.U ITI F3. 197 provinces enjoy ? On these occasions, who acted as their patrons and hosts? 210. Explain repetundarurh. What did a lex Servilia promise to any provincial who should prosecute a Governor to conviction ? Was it easy for a deputation from the provinces to establish any accusation against the Roman aristocracy? I 211. Was the municipal constitution, retained by the cities, regulated in a great measure by Roman laws ? Was it subject to the interference and control of the Roman Governor? What remained unchanged? How was the defence of the countiy provided for ? What did a part of the land become ? What was done with the ager publicus ? Did the tributes vary in these provinces? To whom were the public revenues farmed out? Were the provinces often oppressed by the Publicans, Governors, and- Negotiatores ? 212. What did the Governors always expect? What were they often bribed to connive at? Mention some of the evils to which the provinces were subjected. 213. Explain the term conventus. When a conventus was held, who presided as judge ? Has the term conventus any other meaning? 214. What did the Governor, on assuming office, generally issue ? On what was it principally based ? What power had the Governor within the limits of his province? Where were capital offences committed by Ro- man citizens tried ? In what cases did the province itself possess juris- diction ? 215. Mention some especial privileges that some of the provincial cities enjoyed from the beginning. 21G. How did Augustus divide the Provinces? Plow long did this division continue ? By whom were the Senatorial Provinces adminis- tered ? by whom the Imperial ? When was a general code of municipal laws formed ? On what was this code founded ? Did there still exist any diversity in the privileges enjoyed by different cities ? 217. When did all the inhabitants of the Roman Empire receive the privilege of citizenship ? From the days of Diocletian and Constantine, how was the Empire divided? What separation of authority then took place? 218. In the earliest period of Roman history, did any military establishment exist? In the remotest times, of what number did the army consist ? How many centuries equitum were there ? Who were (probably) the celeres mentioned by Livy ? How many celcres were there? 219. Who seems to have increased their number? how much? Had the subsequent division of the people by Servius Tullius a military or a merely civil character ? In this division, how many centuries of equites were there ? Of whom were they composed ? How many classes of infantry were there ? How were these classes subdivided ? By whom were distinct centuries formed ? 220. According to what division was the levy of soldiers long con- ducted? What division was afterwards followed? From whom were the men chosen? Explain the term juniores. What was the term of service for the infantry? What for the cavalry? When did a standing army begin to be established-? Show that both the legionary and cavalry service were esteemed honourable. 221. Who performed no military duty, except on extraordinary occasions ? Where did they then serve? Who was the first who chose soldiers without reference to property ? Did this practice ever become universal ? Were libertini ever admitted into the legions? Towards the end of the Republic, who were exempted 198 QUESTIONS TO from compulsory military service? Under the Emperors, of whom did the army in a great measure consist ? 222, 223. In the early days of the Republic, how many legions were usually enrolled every year? Did the number of allied troops ever (in any branch) equal or exceed the number of Roman troops ? Describe the annual levies or conscriptions. Explain the terms scribere exercitum, nomina dare , dclectum habere, legere milites, militiam detrectare. Who were exempted from military service ? When was the right of exemption restricted ? What eererriony was necessary to constitute the obligation to serve in war? Explain the terms stipendia legitima merere ox facers, missio, emeriti, evocati. 224. When did the Roman legionaries first receive pay ? Who doubts the correctness of this statement? (see note 7.) What was the pay of a legionary soldier ! What reckoning was always observed in the payment of the soldiery? What did a centurion receive? What a cavalry soldier? Was any portion kept back ? if so, for what? When was the state obliged to find all the accoutrements of the soldiers ? When was it usual to grant them greater privileges? Under the Emperors, what w^s the nature of their pay ? 225. In ancient times, who were appointed to the cavalry service ? By an ordinance of Servius Tullius, what were the Knights allowed for the purchase of a horse ? What annually for its keep ? In later times did they still receive the the present time. 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Written in a clear and lively style, it has every where proved highly attractive .” — Commercial Advertiser. “The present work was originally given to the world in a series of lectures pro- Bounced at the old Sohorne College in Paris; and from the date of its publication, ranked its author high among the greatest philosophic historians, nis explanations of historical phenomena are beautiful, lucid and logical, and we. do not know a better work than the present to guide the inquirer in his studies of the annals of nations — such s fin*, model does he here present of weighing, judging, and appreciating details. 1 ' — Vourier & Enquirer, n D. Appleton & Coda Educational Publications. RICHMALL MAGNALL Historical and Miscellaneous Questions. From the Eighty-fourth London Edition. With large Additions em- bracing the Elements of Mythology, Astronomy, Architecture, Heraldry^ &c. Adapted for Schools in the United States. By Mrs. Julia Law- rence. Illustrated with numerous Engravings. 12mo. $1. HEADS OF CONTENTS. A Short View of Scripture History, from the Creation to the Eetum of the JewfH» Questions from the Early Ages to the time of Julius Caesar — Miscellaneous Questions in Grecian History— Miscellaneous Questions in General History, chiefly Ancient — Ques- tions containing a Sketch of the most remarkable Events from the Christian Era to th* close of the Eighteenth Century — Miscellaneous Questions in Roman History — Questions in English History, from the Invasion of Caesar to the Reformation — Continuation of Ques- tions in English History from the Reformation to the Present Time — Abstract of Early British History — Abstract of English Reigns from the Conquest— Abstract of the Scottish Reigns — Abstract of the French Reigns, from Pharamond to Philip I. — Continuation of the French Reigns, from Louis VI. to Louis Philippe — Questions relating to the His- tory of America, from its Discovery to the Present Time— Abstract of Roman Kings and most Distinguished Heroes — Abstract of the most celebrated Grecians — Of Heathen Mythology in General — Abstract of Heathen Mythology — The Elements of Astronomy — Explanation of a few Astronomical Terms — List of Constellations — Ques- tions on Common Subjects— Questions on Architecture— Questions on Heraldry — Expla- nations of such Latin Words and Phrases as are seldom Englished — Questions on tho History of the Middle Ages. “This is an admirable work to aid both teachers and parents in instructing children and youth, and there is no work of the kind that we have seen that is so well calculated '•to awaken a spirit of laudable curiosity in young minds,’ and to satisfy that curiosity when awakened.” — Commercial Advertiser . MRS. MARKHAM. History of England ; From the Invasion of Julius Caesar to the Reign of Queen Victoria. is New Edition, with Questions adapted for Schools in the United States. By Eliza Bobbins, Author of “ American Popular Lessons,” “ Poetry for Schools,” &c. One volume 12mo. Price 75 cents. “There is nothing more needed in onr schools than good histories; not the dry com.' pends in present use, but elementary works that shall suggest the moral uses of history, and tho providence of God, manifest in the affairs of men. “Mrs. Markham’s History was used by that model for all teachers, the late Hr. Ar- nold, master of the great English school at Rugby, and agrees in its character with his enlightened and pious views of teaching history. It is now several years since I adapted this history to the form and price acceptable in the schools in the United States. I have recently revised it, and trust that it may be extensively serviceable in education. “ The principal alterations from the original are a new and more convenient division of paragraphs, and entire omission of the conversations annexed to the chapters. In the place of these I have affixed questions to every page that may at once facilitate tho work of the teacher and the pupil. The rational and moral features of this hook first commended itself to me, and I have used it successfully with my own scholars .— Ear tract from, the American Editor's Preface. THOMAS KEIGHTLSY Mythology of Ancient Greece and Italy . For the Use of Schools. 16mo. 42 cents. “This is a volume well adapted to the purpose for which it was prepared. It pre- terits, in a very compendious and convenient form, every thing relating to the subject, ef importance to the young student.’ 12 D. Appleton & Co.'s Educational Publications. PROFESSOR CHAMPim. A Concise Practical Grammar of the English Language. With Exercises in Analysis and Parsing. One yoI. 16mo. 84 cents. This Manual contains a more concise, more simple, more philosophical, ami a better arranged and illustrated statement of the principles of English Grammar, than most of the Manuals in use. PROF. J. JiEGER. Class Book of Zoology. Designed to afford to Pupils in Common School and Academies a Knowledge of tlie Animal Kingdom : with a List of the Different Spe- cies found in the State of New-York. The whole scientifically arranged, 18mo. 42 cents. From Prof. Tayler Lewis. “Your Class-Book of Zoology ought to be introduced into all the public and private r chools of this city, and I should rejoice for your own sake, and for the sake of sound science, to hear of its obtaining the public patronage which it deserves.” From. Dr. T. Romeyn Beck , of Albany. The copy of your book of which you advised me last week, reached me this morn- ing. I am pleased with its contents. Of its accuracy I can have no question, knowing your long and ardent devotion to the study of Natural History. It will be peculiarly useful to the young pupil, in introducing him to a knowledge of our native animals.” From Rev. Dr. Campbell , Albany. “Your ‘Class-Book 1 reached me safely, and I am delighted with it; but what ia more to the purpose, gentlemen who know something about Zoology are delighted with It, sucli as Dr. Beck and Professor Cook, of our Academy. I have no doubt that we shall introduce it” F. IT. OTIS. Easy Lessons in Landscape. With. Instructions for the Lead Pencil and Crayon. A Complete and Easy Guide from simple Lines through the intricacies of Foliage — Light and Shade Perspective — and Sketching from Nature ; each being treated in an original, concise, and familiar manner, so that the Pupil is enabled successfully to pursue the Study of Drawing without the aid of a Teacher. Complete in Six Numbers, price $1 75 ; bound, §2 25. F. FT. OTIS. Studies of Animals. With Instructions for the Lead Pencil and Crayon. Composed of Spirited Sketches of Single Figures and Groups from Nature ; with Choice Selections from some of the most distinguished Animal Painters: accompanied with copious Instructions. Complete in Five Numbers. In Numbers, complete, price $1 75 ; bound, $2 25. ELEMENTARY DRAWING CARDS. Landscape, 12 Lessons ; Animals, 12 Leeacaus Price, each set, 25 cents. 15 D. Appleton & Co.'s Educational Publications. PROP. S. CHASE. A Treatise on Algebra. For tlie Use of Schools and Colleges. 12mo. Price $1, “The Treatise which Prof. Chase has written for the use of schools and ooliegad* poems to us to be superior in not a few respects to the school Algebras in common use. The object of the writer -was, “to exhibit such a view of the principles of Algebra, a? shall best prepare the student for the further pursuit of mathematical studies.” "lie hasE wo think, succeeded in this attempt. His book is more complete in its explanations of the principles of Algebra than any text-book with which we are acquainted. The ex- amples for practice are pertinent, and are sufficiently numerous for the illustration of each rule. “ Mr. C. has avoided, by his plan, the common fault of text-books on Algebra— use- lessly numerous examples, and meagreness of explanation as respects the principles cl the science. The order of treatment is judicious. Mr. 0. has addod a table of formula, for convenience of reference, in which are brought into one view the principles exhi- bited in different parts of the book. It will be of great use to the student. We think the book is well adapted to schools and colleges, into many of which it will, no doubt be introduced.” — O/i. Recorder. PROP. ALPHEUS CROSBY. First Lessons in Geometry , Upon the Model of Colburn’s First Lessons in Arithmetic. Price 8? 5 cents. This little work is admitted to he the best elementary text-book on the subject, and fe very extensively introduced. R. G BURNHAM, M. A. Arithmetic for Common Schools & Academies. PAET FIRST is a work on Mental Arithmetic. The philosophy of the mode of teaching adopted in this work is: Commence where the child commences, and proceed as the child proceeds; fall in with his own mode of arriving at truth ; aid him to think for himself, and do not the thinking for him. Hence a series of exercises are given, by which the child is made familiar with the process, which he has already gone through ■with in acquiring his present knowledge. These exercises interest the child, and pre- pare him for future rapid progress. The plan is so clearly unfolded by illustration and example, that lie who follows"it can scarcely fail to secure, on the part of his pupils, a thorough knowledge of the subject. Price 20 cents. PART SECOND is a work on Written Arithmetic. It is the result of a long ex pevience in teaching, and contains sufficient of Arithmetic for the practical business purposes of life. It illustrates more fully and applies more extendsclly and practically the principle of Cancellation than any other Arithmetical treatise. This method as hero employed in connection with the ordinary, furnishes a variety of illustrations, which cannot fail to interest and instruct the scholar. It is a prominent idea throughout, to impress upon the mind of the scholar the truth that he will never discover, nor need a Bew principle beyond the simple rules. The pupil is shown, bya variety of new modes of illustration, that new names and new positions introduce no new principle, but that they are merely matters of convenience. Fractions are treated and explained the same as whole numbers. Formulas are also given for drilling the scholar upon the Blackboard, Which will be found of service to mahy teachers of Common Schools. Price 50 cents. ALBERT D. WRIGHT. Primary Lessons ; Being a Speller and Reader, on an Original Plan ; in which One Lettei is taught, at a Lesson, with its Power ; an application being immediately made, in Words, of each Letter thus Learned, and those Words being directly arranged into Reading Lessons. Price 12i cents 16 T>. Appleton & Co's Educational Publications. EDWARD Is, YOUMAN3. A Glass- Book of Chemistry ; in which the Principles of the Science are Familiarly Explained an3 Applied to the Arts, Agriculture, Physiology, Dietetics, Ventilation, and the most Important Phenomena of Nature. Designed for the Uso of Academies and Schools, and for Popular Beading. 12mo. 75 cents, ^'No attempt has been made to popularize this important science, and to place it ca the same favorable basis with geography and astronomy ; hence, the idea is prevalent that chemistry is one of those dry and difficult subjects which belong exclusively to professors and lecturers, and which can not be successfully taught as a branch of com- mon education. In the treatise now before us we are shown that the fundamental laws of chemistry are as definite, as clear and simple, and as capable of being understood by - juvenile minds, as those of numbers, which are taught in every school. “ We regai-d this new Class-Book of Chemistry as one of the most valuable text books that has been prepared/or schools during many years. A knowledge of the sci- ence of which it treats is of great importance to every one, and is daily becoming more eud more popular. This work popularizes to a greater extent than any other we have ever seen on this subject, and renders interesting to the minds of pupils, as well as to the general reader, one of the most useful of sciences. “ A peculiar and valuable feature of this treatise is its application of chemistry to the common occurrences of life, and its treating of familiar things, and presenting facts and truths alike valuable and entertaining, in a~style free, as far "as possible, from technicali- ties on the one hand, and puerilities on the other.” — Student. “ An elementary work on Chemistry well adapted to either purpose, of aiding in the initiatory step towards a profound study of the science, or of giving that general know- ledge deemed essential in ordinary education. No better illustration could be given oi the progress of the science of Chemistry in these later years than the fulness of informa- tion in this elementary book on Organic and Animal Chemistry, branches of the science which but a few years ago were as sealed books even to the che'mical philosophers them- selves. The book is clear and demonstrative in style, and easily intelligible to the be- ginner and general reader.” — Tribune . EDWARD L. YCUMANS. • A Chart of Chemistry ; In which the Fundamental Laws and Facts of the Science, Affinity, tha Composition and Decomposition of Bodies, combining Equivalents or Definite and Multiple Proportions, the Atomic Theory, Crystallization, Fermentation, Isomerism, the Nomenclature and Formulas, are Illus- trated to the eye in a clear and simple manner. *** This Chart, which is adapted to the above Class-Boot, is nearly four feet by five in size, and contains about one thousand diagrams, in sixteen different colors. That It Easy be brought within the reach of every school, it is sold at the low price of five dol- lars being the cheapest Chart, considering its cost, that is published in the United States. The following distinguished Chemists and Educators have highly commended this Chart as a valuable auxiliary to all Students : — Professors B. L. Silliman, Jas. R. Chilton, John 'W. Draper, Jas. B. Rogers, W. 0. Hopkins, JolmTorrey, "W. H. Ellett, Thos. Antisell, Gray, Hon. Horace Mann, Supt McKeen, N. T. City, Supt. S. S. Randall, Albany, Supt T. L. Holme3, Brooklyn, Ge& B. Emerson, Boston, &c., &c. 17 D. Appleton & Co.'s HEucatiomal Publications. OLLENDORFF. New Method of Learning to Read , Write , and Speak the French Language : with an Appendix, containing the Cardinal and Ordinal Numbers, and full Paradigms of the Eegular and Irregu- lar, Auxiliary, Deflective, and Impersonal Verbs. By J. L. Jewett. One volume 12mo. §1. [ggr A Key to the Exercises, in a separate volume. 75 cents. 4,1 New Method of Learning the French Language. — This Grammar must su- persede all others now used for instruction in the French language. Its conception and errangement are admirable, — the work evidently of a mind familiar with the deficiencies of the systems, the place of which it is designed to supply. In all the works of the kind that have fallen under our notice, there has been so much left unexplained or obscure, and so many things have been omitted — trifles, perhaps, in the estimation of the author, but the cause of great embarrassment to the learner — that they have been comparatively valueless as self-instructors. The student, deceived by their specious pretensions, has uot proceeded far before he has felt himself in a condition similar to that of a mariner who should put out to sea without a compass to direct him. He has encountered diffi- culty after difficulty, to which his Grammar afforded no clue; when, disappointed and discouraged, he has either abandoned the study in disgust, or if his means permitted, has resorted to a teacher to accomplish what it was not in his power to effect by the aid of his ‘ self-instructor.’ “Ollendorff has passed his roller over the whole field of French instruction, and the rugged inequalities formerly to be encountered, no longer discourage the learner. What were the difficulties of the language, are here mastered in succession ; and the only sur- prise of the student, as he passes from lesson to lesson, is, that he meets none of these ‘lions in the way.’ “The value of the work has been greatly enhanced by a careful revision, and the addition of an appendix containing matter essential to its completeness either as a book for the use of teachers or for self-instruction.” — New- York Commercial Advertiser. OLLENDORFF. New Method of Learning to Read, Write , and Speak the French Language : with tlie Lessons divided into Sections of a Proper Length for Daily Tasks, and numerous Corrections, Additions, and Improvements, suitable for this country, by V. Value ; to which is added Value’s System of French Pronunciation; his Grammatical Sy- . nopsis ; a New Index, and Short Models of Commercial Correspond- ence. One volume 12mo. Price $1. HI?" A Key to the Exercises, in a separate volume. 75 cents. “Mr. Value has taught practically Ollendorff’s system for many years, and has be- stowed much thought and labor on the improvement of this edition. The longer les- sons have been judiciously subdivided ; much attention has been bestowed upon the arrangement of the exercises relating to the subjunctive mo'od : besides the system of pronunciation, we have an excellent grammatical synopsis, which appears to us, on a brief examination, very happily constructed and of great value. In his preface the au- thor mentions several minute corrections made in this edition, which show the care and accuracy bestowed upon it.” — Churchman. “Messrs. D. Appleton & Co.:— “ Gentlemen, “I have carefully perused your new edition of Ollendorff by Mr. Value, and find it contains al) the improvements the original work so much required. It is evidently tho result of iong research, time, and labor, founded upon experience and a thorough knowledge of the system, and in my estimation far superior to any work of the kind which I have yet rest with. I intend adopting the use of it in my classes. “ Yours, respectfully, “J. EOEMEE, “ Professor of the French Language in the. JSt. Y. Free Academy? 18 ' D. Anvl&ton & Co.'s Educational Publications : OLLENDORFF First Lessons in French ; Or, Elementary French Grammar, Introductory to Ollendorff's Largsi Grammar. By G. W. Greene. 16mo 50 cents. This little volume is intended as an Introduction to 1 Ollendorff's cojipltee French Method,” and is published in accordance with a very general demand made for a more elementary work than the larger Grammar. “ It is believed that the student who shall take the pains to go carefully through this volume, in the manner suggested in the Directions for studying it, will come to the study Of the ‘ Complete Method’ with a degree of preparation which will render his subse- quent progress easy and agreeable.” “ It seems admirably suited in all its part3 for its intended purpose. In a series of exercises, combining vocabularies and roles, it presents an elementary view }f the whole subject of the French Grammar, teaching and at the same time illustrating every thing essential, both in the forms and in the syntax of the language. We have been particularly struck wiih the nice and exact manner in which the rules are stated, and the differences pointed out between the English and the French Idiom. The book is particularly designed for younger scholars ; but persons more advanced will do well to use it before coining to the "study of the ‘ Complete Method’ of Ollendorff It is the best of the kind with' which we are acquainted, and, we doubt not, will 30 on win its way to general adoption .” — Providence Journal. PROF. GEORGE W. GREENS. Companion to Ollendorff s Neiu Method oj Learning to Bead, Write, and Speak the French Language. 12mo. 75 cents. “The present work, as its name imports, forms a very appropriate companion to the new edition of Ollendorff by M. Value. It comprises a series of ninety-two dia- logues, carefully selected, so as to familiarize the student with an extensive range of sub- jects, and to enable him to converse upon them with ease and fluency. “ The dialogues are followed by a valuable chapter on differences of idioms, in which those peculiarities of the language which cannot be classified under general rules, are clearly exhibited, accompanied by grammatical hints and useful suggestions. “Nearly one half of the book is taken up with a vocabulary of'words arranged ac- cording to subjects, presenting at a single glance all the principal terms relating to any particular art, profession, or branch of science. Among other improvements, we notice the French names of all the principal countries, cities, towns, islands, seas, rivers, mountains, &c., in the world — names of the principal nations and races of men, and the proper names of men and women. These tables are indispensable to the French stu- dent, and alone are worth the price of the book. “ In Mr. Green’s reputation as Professor of Modem Languages in Brown University, we have a sufficient guaranty of the accuracy of the work.” — Commercial Advertiser. “We commend this volume as a Vade-mecum to all students of the French tongue. The dialogues are simple in construction — yet they embrace a wide range of subjects. The idiomatic hints supply a desideratum that has been long needed by the student, as those who have attempted to render French colloquy according to grammatical rules, know too well. The vocabulary preceding each conversation is a convenience, if not a novelty ; it precludes the necessity of frequent reference to a more ponderous work.” — Literary Union. GSTERVALD'S FRENCH TESTAMENT. La Nouveau Testament de Notre Seigneur Jesus - Christi. D’apres la version revue par J. F. Ostervald. Editic stereo* type a l’imprimerie de l’Universite d’Edenbourg. 32mo. *** A very neat Edition of a critically corrected test 19 > D. Appleton & Co.'s Educational Publications. PROF. SURENNE. The Standard Pronouncing Dictionary of the French and English Languages. In Two Parts. Part I. : — French and English. Part II. : — English and French. The First Part compre- hending words in common use — Terms connected with Science — Terms belonging to the Fine Arts — 4000 Historical Names— 4000 Geographi- cal Names— 1100 Terms lately published, with the pronunciation os evert word, according to the French Academy and the most eminent Lexicographers and Grammarians ; together with *50 Critical Remarks, in which the various methods of pronouncing employed by different authors are investigated and compared with each other. The Second Part containing a copious vocabulary of English words and expressions, with the pronunciation according to Walker. The whole preceded by a Practical and Comprehensive System of French Pronunciation. $1 50. ,: Tliis work must have been one of very great labor, as it is evidently of deep re- search. W e have given it a careful examination, and are perfectly safe in saying we hav« never before seen any thing of the kind at all to compare with it.” PROFS. SPIERS AND SURENNE. Complete French and English Dictionary . In Two Parts. I. English and French. II. French and English. One volume imperial 8vo., 1400 pages. ( Nearly ready.) This Work has been newly composed from the French Dictionaries of the Academy, JLaveaux, Boiste, Bescherelle, Landais, &c. ; and from the English Dictionaries of John- son, Bichardson, Walker, and Webster. It surpasses all others in correct and philo- sophical analysis of shades of meaning, in fulness of definition, and clearness of arrange- ment; and contains many words, particularly such as are connected with modem sci- ence, not to be found in any other work of the kind. A number of new features have been introduced by the American editor; he has given the pronunciation of every word, French and English, according to the best standards, and most approved system ; he has explained clearly, though briefly, the shades of meaning which distinguish French Bvnonymes, thus guarding the scholar against error in their use ; and has brought in, in alphabetical order, the leading parts of every irregular verb in the language, thereby re- moving the greatest difficulty which those beginning the study of French have hereto- fore experienced. Embracing all these advantages, this work is believed to he the most complete end valuable French and English Dictionary extant, and as such is presented to the publio la the confident hope that it will meet with general favor. PROF. SURENNE. An Abridged Dictionary of the French and English Languages. In Two Parts. I. French — English. II. English — French. With Vocabulary of Proper Names. For the Use of Schools and for General Eeference. One vol. 18mo., of 558 pages. Price 90 cts. “ In compiling this abridgment of the larger work, all the words have been retained except those which have become obsolete, or whose technicality precluded their inser» lion in a popular Dictionary. At the same time, due regard has been paid to the intro, taction of such new words and definitions as the progressive changes in the language have rendered necessary ; and for this purpose the best and most recent authorities have been anxiously consulted. It is, therefore, confidently anticipated that the volume will pmve not only a useful auxiliary to the student, but also a convenient Pocket Com paalon to the traveller wherever the French language is spoken.”*-P/'s/oc«. SO D. Appleton & Co.'s Educational Publications. PROP. RCBMSR. Elementary French Reader : "With an Analytical Study of the French Language, & Treatise on French Poetry, and a Dictionary of Idioms, Peculiar Expressions, &e. §1. M "We invite attention to this new French Kcader, which seems admirably adapted ts the use of the student, and especially to the code of instructions and explanations with which it is introduced ; the whole forming, as we conceive, a book of exceeding valae to both learners and teachers, and capable of greatly facilitating the labors of both. Thd preliminary treatise on the analytical relations of the English and French languages ap* jiears to us especially valuable; as does also that on the'rules of French versification; and both have the merit of being quite new, at least to English students .” — Commercial Advertiser. “The author has accomplished the task with great ability. His Treatises on the Analytical Study of the French Language, and on the Buies of French Versification, evince a true philological tact, and the selections which compose the body of the work are made with excellent discrimination, from the most agreeable specimens of French literature. We are persuaded that this volume may be of eminent service in the acqui- sition of the French language, and that It may also be consulted with great advantage by the mature student. Without reference to its value as a manual, it is, in fact, a tasteful collection of ‘elegant extracts.’ ” — New-York. Tribmie. “ We think this book is a highly valuable addition to the publications of Ollendorff, end particularly in what the latter need — a good Beading Book. It is prepared with tact, and is the result, likewise, of practical experience. The introductory chapters on the history, and Greek, Latin, and English ar-^ogies of the language, are suggestive, Gad of sound practical use in the hands of a good father .” — Literary 'World, PROP. ROSMSR. Second French Reader : Illustrated with Historical, Geographical, Philosophical, and Philological Notices. Piice $1. “We noticed, some months ago, the first French Header, compiled by Prof. Eoemep, which work has been found eminently useful in most of our public and private institu- tions, and met with an unprecedented success. The one at the head of this article is a sequel to the above-named, and more particularly a compilation, exclusively, from the works of the best French authors of the present age. The plan on which this volume has been constructed is a novel and very judicious one, forming ‘an uninterrupted series of articles, each one of which is either suggested by the preceding or relates to it.’ It is, we can conscientiously state, a collection of the most interesting articles we have ever met with, combining at once instruction and amusement, which renders it a book for the etudy, as well as the drawing-room, from which a vast amount of elegant information may be gathered “ Our readers, who wish to become acquainted with the productions of the most eminent modern French writers, will peruse it with unwearying attention, for the articles have been selected with a taste and judgment rarely to be met with in works of this description. Many of them are perfect gems, and replete with deep inter- est. In such a collection, it would he almost invidious to point out any particular on$ «-they are all excellent — all models of style and elegance of language.” “ When Mr. Eoemer published his ‘first French Eeader,’ we were constrained to commend it very cordially. This ‘ Second French Eeader’ is constructed upon the samo system, and is executed with equal skilL The first was designed to teach the pupil to read and translate ; the second aims familiarzing him with the best French authors, and thus to give finish to his acquirements. The great advantage of Mr. Eoemer’s present volume, over any similar work with which we are familiar, is that the selections are all from modern authors, of acknowledged purity and elegance of style, the compiler justly remarking that ‘ the language of Corneille and Moli6re would at this day cause aJ much amazement in Paris as that t>f Shakspeara v Milton in New-Ycrk.’ '’‘-“CorrvfMr* oiai Advertiser. 2i D. Appleton & Co.' a Educational Publications. PROP. A. G. CGIiLOT. Chefs-D 7 Oeuvres Dramatiques cle la Language Francais. Mis en Ordre Progressif, et Annotes, pour en faciliter L’ln- telligence. One volume 12mo. $1. “We have examined this hook with great interest, and can confidently recommend il to students and teachers of the French language, as better adapted to the purposes of a reading book than any other with which we are'acquainted. It is made up or fourteen complete dramas, taken from the works of the best and purest writers; among which are the great names of Corneille, Racine, Moliere, and Piron. The pieces are systematic oally arranged in progressive order, and the idiomatical difficulties of the language are fnlly and clearly explained in the notes. To those who are desirous of speaking French tins book is invaluable, as the conversational and idiomatic phrases, so indisptaisab.'e to this accomplishment, are met with on every page ; and to those who wish to cultivate their taste, and to obtain a knowledge, not only of the French language, but of the writ- ings of its most eminent dramatists, this volume will supply the place of voluminous col- lections not easily to be obtained. Its typographical accuracy and appearanco has sel- dom been equalled in any French book that has heretofore issued from the press of this country.” — Courier & Enquirer. “ This book is made up of pieces of progressive difficulty, as exercises in the study of French. We have first a Proverb or two in the simplest style, with foot-notes explana- tory of idiomatic phrases ; then a couple of Berquin’s pieces, intended for learners ; then some half dozen of Scribe’s popular dramas, full of action, and exhibiting many peculiar- ities of French manners and language, Moliere’s Misanthrope; Voltaire’s Merope; Ra- cine’s Athalie ; and, lastly, the Cinna of Corneille — all entire ; which is, certainly, an improvement on the other French reading books, the fragmentary stylo of which has often vexed us. The whole appears to us admirably adapted for its purpose.” — Chris- tian Examiner. PROP. P. ROWAN 1 . Morceaux Choisies Des Auteurs Modernes. A la Usage de la Jeunesse. With a Vocabulary of the New and Diffi- cult Words and Idiomatic Phrases adopted in Modern French Litera- ture. Edited by J. L. Jewett. Editor of Ollendorff’s French Method, One volume 12mo. 75 cents. “ This is a new French Reading Book, sel ected from the works of the ablest and most elegant French writers of the present day. L t supplies a want that has long been felt by those who are sufficiently acquainted with the French to he'aware of the great revolution that has taken place in its idiomatic structure within the present century, and of the in- adequacy of the compilations from the older cl assies, to enable a student to read freely tho best productions that are now issued from the press. “ Much time and labor, and the expense of many volumes, will he saved to the stu- dent by this moderate-sized duodecimo ; and if a more interesting reading-book is to bo found in any language, we are willing to confess, after reading the present work with constantly increasing pleasure, that we have yet to make its acquaintance. J udicious and appropriate selections from the writings of such men as Sismondi, Guizot, Thierry, Mich- elet, Thiers, D’Aubigne, Dumas, Janin, Victor Hugo, Lamartine, Soulie, and others of not inferior merit, need no commendation to those who take any interest in French literature .” — Evening Poet. 22 D. APPLETON & CO:S PUBLICATIONS. FRENCH. BADOIS’ Grammaire Anglaise. 1 vol. 12mo. Key to ditto CHOUQUET’S French Cnnvp_rsat.inn« Date Due COLLOT’S COUTAN, 1 DE FIVA’S Le Nouveau” KEY to ROEMER’S .$1 00 . 50 50 75 00 _00 50 ,30 25 -bo 00 -75 50 "75 00 ”25 75 AUG 1 4 '28 iMar25 '33 { ; i A* ROWAN’S 1 SPIER’S anr lish and Frer 1490 pp. Ha_ This is the most c< word being accompar vice versa. It contai_ ancient and modern, a SURENNE’ VOLTAIRE BUTLER’S DON QUIX< GIL BLAS, ' OLLENDOI_ Velasquez an KEY to dittc MANDEVi:' TOLON’S E‘ VELASQUI OLLENDOI- tlie Spanish. KEY to ditt< OLLENDOl" the Spanish. SEOANE’S lish and Spanish Dictionary, large 8vo. vol. of 1400 pp. 50 90 50 50 25 50 j75 25 38 63 J26 |38 00 L. B. Cat. No. xr 37 By Velasquez. With Pronunciation, &c., &c. One 5 00 The pronunciation of the Castilian language ia bo clearly set forth in this Dictionary as to reDder it well- nigh impossible for any person who can read English readily to fail of obtaining the true sounds of the Spanish words at sight. It also contains in both languages the exact equivalents and correspondents of the words in gen- eral UBe, both in their literal and metaphorical acceptations. AN Abridgment of the above nearly ready . MARSH'S Book-Keeping, (in Spanish.) 1 50 Duke gre D00885901V' ARNOLD’S First and Second Lauii xn», By Spencer. 12mo First Latin Book. By Harkness. 12mo. Second Latin Book. By Harkness. 12mo. Latin Prose Composition. By Spencer. 12mo. . . . Cornelius Nepos. With Notes by Johnson. 12mo. . . First Greek Book. By Spencer. New Edition, 12mo. . Greek Prose Composition. By Spencer. New Edition, Second Greek Prose Composition. By Spencer. 12mo. — • Greek Reading Book. By Spencer. 12mo BOISE’S Exercises in Greek Prose Composition. 12mo. . . . BEZA’S Latin Testament. 12mo ' CiESAR’S Commentaries. Notes by Spencer. 12mo CHAMPLIN’S Short and Comprehensive Greek Grammar. 12mo. CICERO. De Officiis. Notes by Thatcher. 12mo • Select Orations. Notes by Johnson. 12mo KENDRICK’S Greek Ollendorff. 12mo KUHNF’ D, ~’ r " - — ~ 3 1 Ta/ HOB' LIV Oed| TA< ke: ] GEl AD OL! ( KE OLl l KE OE5 EIC Sec Gei 91 * .*8 TV 7005 . 9 00? $0 75 io 90 1 00 1 00 1 00 75 75 1 25 75 75 1 00 75 90 1 00 1 00 ’ 50 25 00 75 5 2 10 10