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ĂBĂCUS (ἄβαξ), denoted primarily a square tablet of any description, and was hence employed in the following significations:—(1) A table, or side-board, chiefly used for the display of gold and silver cups, and other kinds of valuable and ornamental utensils. The use of abaci was first introduced at Rome from Asia Minor after the victories of Cn. Manlius Vulso, B.C. 187, and their introduction was regarded as one of the marks of the growing luxury of the age.—(2) A draught-board or chess-board.—(3) A board used by mathematicians for drawing diagrams, and by arithmeticians for the purposes of calculation.—(4) A painted panel, coffer, or square compartment in the wall or ceiling of a chamber.—(5) In architecture, the flat square stone which constituted the highest member of a column, being placed immediately under the architrave.

Abacus.

ABOLLA, a cloak chiefly worn by soldiers, and thus opposed to the toga, the garb of peace. [Toga.] The abolla was used by the lower classes at Rome, and consequently by the philosophers who affected severity of manners and life. Hence the expression of Juvenal, facinus majoris abollae,—“a crime committed by a very deep philosopher.”

Abolla. (Bellori, Arc. Triumph., pl. 11, 12.)

ABRŎGĀTĬO. [Lex.]

ABSŎLŪTĬO. [Judex.]

ĂCAENA (ἀκαίνη, ἄκαινα, or in later Greek ἄκενα, in one place ἄκαινον), a measuring rod of the length of ten Greek feet. It was used in measuring land, and thus resembles the Roman decempeda.

ĂCATĬUM (ἀκάτιον, a diminutive of ἄκατος), a small vessel or boat used by the Greeks, which appears to have been the same as the Roman scapha. The Acatia were also sails adapted for fast sailing.

ACCENSUS. (1) A public officer, who attended on several of the Roman magistrates. The Accensi summoned the people to the assemblies, and those who had law-suits to court; they preserved order in the courts, and proclaimed the time of the day when it was the third hour, the sixth hour, and the ninth hour. An accensus anciently preceded the consul who had not the fasces, which custom, after being long disused, was restored by Julius Cæsar in his first consulship. Accensi also attended on the governors of provinces.—(2) The accensi were also a class of soldiers in the Roman army, who were enlisted after the full number of the legion had been completed, in order to supply any vacancies that might occur in the legion. They were taken, according to the census of Servius Tullius, from the fifth class of citizens, and were placed in battle in the rear of the army, behind the triarii.

ACCLĀMĀTĬO, was the public expression of approbation or disapprobation, pleasure or displeasure, by loud acclamations. On many occasions, there appear to have been certain forms of acclamations always used by the Romans; as, for instance, at marriages, Io Hymen, Hymenaee, or Talassio; at triumphs, Io Triumphe; at the conclusion of plays, the last actor called out Plaudite to the spectators; orators were usually praised by such expressions as Bene et praeclare, Belle et festive, Non potest melius, &c. Under the empire the name of acclamationes was given to the praises and flatteries bestowed by the senate upon the reigning emperor and his family.

ACCŬBĀTĬO, the act of reclining at meals. The Greeks and Romans were accustomed, in later times, to recline at their meals; but this practice could not have been of great antiquity in Greece, since Homer always describes persons as sitting at their meals; and Isidore of Seville, an ancient grammarian, also attributes the same custom to the ancient Romans. Even in the time of the early Roman emperors, children in families of the highest rank used to sit together, while their fathers and elders reclined on couches at the upper part of the room. Roman ladies continued the practice of sitting at table, even after the recumbent position had become common with the other sex. It appears to have been considered more decent, and more agreeable to the severity and purity of ancient manners, for women to sit, more especially if many persons were present. But, on the other hand, we find cases of women reclining, where there was conceived to be nothing bold or indelicate in their posture. Such is the case in the preceding woodcut, which seems intended to represent a scene of matrimonial felicity. For an account of the disposition of the couches, and of the place which each guest occupied in a Greek and Roman entertainment, see Symposium and Triclinium.

Accubatio. Act of Reclining. (Montfaucon, Ant. Exp., Suppl., iii. 60.)

ACCŪSĀTOR, ACCŪSĀTIO. [Judex.]

ĂCERRA (θυμιατήριον, λιβανωτρίς), the incense-box or censer used in sacrifices. The acerra was also a small moveable altar placed before the dead, on which perfumes were burnt. The use of acerrae at funerals was forbidden by a law of the Twelve Tables as an unnecessary expense.

Acerra. (From a Frieze in the Museum Capitolinum.)

ĂCĒTABŬLUM (ὀξίς, ὀξύβαφον, ὀξυβάφιον). (1) A vinegar-cup, wide and open above, as we see in the annexed cut. The name was also given to all cups resembling it in size and form, to whatever use they might be applied.—(2) A Roman measure of capacity, fluid and dry. It was one-fourth of the hemian, and therefore one-eighth of the sextarius.

Acetabulum. (Dennis, Etruria, p. xcvi.)

ĂCHĀĬCUM FOEDUS. The Achaean league is divided into two periods. 1. The earlier period.—When the Heracleidae took possession of Peloponnesus, which had until then been chiefly inhabited by Achaeans, a portion of the latter, under Tisamenus, turned northwards and occupied the north coast of Peloponnesus. The country thus occupied derived from them its name of Achaia, and contained twelve confederate towns, which were governed by the descendants of Tisamenus, till at length they abolished the kingly rule after the death of Ogyges, and established a democracy. In the time of Herodotus the twelve towns of which the league consisted were: Pellene, Aegeira, Aegae, Bura, Helice, Aegium, Rhypes (Rhypae), Patreis (ae), Phareis (ae), Olenus, Dyme, and Tritaeeis (Tritaea). After the time of Herodotus, Rhypes and Aegae disappeared from the number, and Ceryneia and Leontium stepped into their place. The bond which united the towns of the league was not so much a political as a religious one, as is shown by the common sacrifice offered at Helice to Poseidon, and after the destruction of that town, at Aegium to Zeus, surnamed Homagyrius, and to Demeter Panachaea. The confederation exercised no great influence in the affairs of Greece down to the time when it was broken up by the Macedonians. 2. The later period.—When Antigonus in B.C. 281 made the unsuccessful attempt to deprive Ptolemaeus Ceraunus of the Macedonian throne, the Achaeans availed themselves of the opportunity of shaking off the Macedonian yoke, and renewing their ancient confederation. The grand object however now was no longer a common worship, but a real political union among the confederates. The fundamental laws were, that henceforth the confederacy should form one inseparable state, that each town, which should join it, should have equal rights with the others, and that all members, in regard to foreign countries, should be considered as dependent, and bound to obey in every respect the federal government, and those officers who were entrusted with the executive. Aegium was the seat of the government, and it was there that the citizens of the various towns met at regular and stated times, to deliberate upon the common affairs of the league, and if it was thought necessary, upon those of separate towns, and even of individuals, and to elect the officers of the league. The league acquired its great strength in B.C. 251, when Aratus united Sicyon, his native place, with it, and some years later gained Corinth also for it. Megara, Troezene, and Epidaurus soon followed their example. Afterwards Aratus persuaded all the more important towns of Peloponnesus to join the confederacy, and thus Megalopolis, Argos, Hermione, Phlius, and others were added to it. In a short period the league reached the height of its power, for it embraced Athens, Megara, Aegina, Salamis, and the whole of Peloponnesus, with the exception of Sparta, Elis, Tegea, Orchomenos, and Mantineia. The common affairs of the confederate towns were regulated at general meetings attended by the citizens of all the towns, and held regularly twice every year, in the spring and in the autumn. These meetings, which lasted three days, were held in a grove of Zeus Homagyrius in the neighbourhood of Aegium, and near a sanctuary of Demeter Panachaea. Every citizen, both rich and poor, who had attained the age of thirty, might attend the assemblies, to which they were invited by a public herald, and might speak and propose any measure. The subjects which were to be brought before the assembly were prepared by a council (βουλή), which seems to have been permanent. The principal officers of the confederacy were: 1. At first two strategi (στρατηγοί), but after the year B.C. 255 there was only one, who in conjunction with an hipparchus (ἴππαρχος) or commander of the cavalry and an under-strategus (ὑποστρατηγός) commanded the army furnished by the confederacy, and was entrusted with the whole conduct of war; 2. A public secretary (γραμματεύς); and, 3. Ten demiurgi (δημιουργοί). All the officers of the league were elected in the assembly held in the spring, at the rising of the Pleiades, and legally they were invested with their several offices only for one year, though it frequently happened that men of great merit and distinction were re-elected for several successive years. If one of the officers died during the period of his office, his place was filled by his predecessor, until the time for the new elections arrived. The perpetual discord of the members of the league, the hostility of Sparta, the intrigues of the Romans, and the folly and rashness of the later strategi, brought about not only the destruction and dissolution of the confederacy, but of the freedom of all Greece, which after the fall of Corinth, in B.C. 146, became a Roman province under the name of Achaia.

ĂCĬES. [Exercitus.]

ĂCĪNĂCĒS (ἀκινάκης), a Persian sword, whence Horace speaks of the Medus acinaces. The acinaces was a short and straight weapon, and thus differed from the Roman sica, which was curved. It was worn on the right side of the body, whereas the Greeks and Romans usually had their swords suspended on the left side. The form of the acinaces, with the mode of wearing it, is illustrated by the following Persepolitan figures.

Acinaces, Persian Sword. (From bas-reliefs at Persepolis.)

ACISCŬLUS. [Ascia.]

ĀCLIS, a kind of dart with a leathern thong attached to it. [Amentum.]

ACROĀMA (ἀκρόαμα), which properly means any thing heard, was the name given to a concert of players on different musical instruments, and also to an interlude performed during the exhibition of the public games. The word is also applied to the actors and musicians who were employed to amuse guests during an entertainment, and is sometimes used to designate the anagnostae. [Anagnostes.]

ACRŎLĬTHI (ἀκρόλιθοι), statues, of which the extremities only were of marble, and the remaining part of the body of wood either gilt or covered with drapery.

ACRŎPŎLIS (ἀκρόπολις). In almost all Greek states, which were usually built upon a hill, rock, or some natural elevation, there was a castle or a citadel, erected upon the highest part of the rock or hill, to which the name of Acropolis, higher or upper city, was given. Thus we read of an acropolis at Athens, Corinth, Argos, Messene, and many other places. The Capitolium at Rome answered the same purpose as the Acropolis in the Greek cities; and of the same kind were the tower of Agathocles at Utica, and that of Antonia at Jerusalem.

ACROSTŎLĬUM. [Navis.]

ACRŎTĒRĬUM (ἀκρωτήριον), signifies the extremity of any thing, and was applied by the Greeks to the extremities of the prow of a vessel (ἀκροστόλιον), which were usually taken from a conquered vessel as a mark of victory: the act of doing so was called ἀκρωτηριάζειν. In architecture it signifies, 1. The sloping roof of a building. 2. The pediment. 3. The pedestals for statues placed on the summit of a pediment. In sculpture it signifies the extremities of a statue, as wings, feet, hands, &c.

ACTA. (1) The public acts and orders of a Roman magistrate, which after the expiration of his office were submitted to the senate for approval or rejection. Under the empire, all the magistrates when entering upon their office on the 1st of January swore approval of the acts of the reigning emperor.—(2) Acta Forensia were of two kinds: first, those relating to the government, as leges, plebiscita, edicta, the names of all the magistrates, &c., which formed part of the tabulae publicae; and secondly, those connected with the courts of law.—(3) Acta Militaria, contained an account of the duties, numbers, and expenses of each legion, and were probably preserved in the military treasury founded by Augustus.—(4) Acta Senatus, called also Commentarii Senatus and Acta Patrum, contained an account of the various matters brought before the senate, the opinions of the chief speakers, and the decision of the house. By command of Julius Caesar they were published regularly every day as part of the government gazette. Augustus forbade the publication of the proceedings of the senate, but they still continued to be preserved, and one of the most distinguished senators was chosen by the emperor to compile the account.—(5) Acta Diurna, a gazette published daily at Rome by the authority of the government, during the later times of the republic and under the empire, corresponding in some measure to our newspapers. They were also called Acta Publica, Acta Urbana, Acta Rerum Urbanarum, Acta Populi, and sometimes simply Acta or Diurna. They contained, 1. A list of births and deaths in the city, an account of the money paid into the treasury from the provinces, and every thing relating to the supply of corn. 2. Extracts from the Acta Forensia. 3. Extracts from the Acta Senatus. 4. A court circular, containing an account of the births, deaths, festivals, and movements of the imperial family. 5. An account of such public affairs and foreign wars as the government thought proper to publish. 6. Curious and interesting occurrences, such as prodigies and miracles, the erection of new edifices, the conflagration of buildings, funerals, sacrifices, a list of the various games, and especially curious tales and adventures, with the names of the parties.

ACTĬA (ἄκτια), a festival celebrated every four years at Actium in Epirus, with wrestling, horse-racing, and sea-fights, in honour of Apollo. There was a celebrated temple of Apollo at Actium. After the defeat of Antony off Actium, Augustus enlarged the temple, and instituted games to be celebrated every five years in commemoration of his victory.

ACTĬO, is defined by a Roman jurist to be the right of pursuing by judicial means what is a man’s due. The old actions of the Roman law were called legis actiones or legitimae, either because they were expressly provided for by the laws of the Twelve Tables, or because they were strictly adapted to the words of the laws, and therefore could not be varied. But these forms of action gradually fell into disuse, in consequence of the excessive nicety required, and the failure consequent on the slightest error in the pleadings, and they were eventually abolished by the Lex Aebutia, and two Leges Juliae, except in a few cases. In the old Roman constitution, the knowledge of the law was most closely connected with the institutes and ceremonial of religion, and was accordingly in the hands of the patricians alone, whose aid their clients were obliged to ask in all their legal disputes. App. Claudius Caecus, perhaps one of the earliest writers on law, drew up the various forms of actions, probably for his own use and that of his friends: the manuscript was stolen or copied by his scribe Cn. Flavius, who made it public; and thus, according to the story, the plebeians became acquainted with those legal forms which hitherto had been the exclusive property of the patricians. After the abolition of the old legal actions, a suit was prosecuted in the following manner:—An action was commenced by the plaintiff summoning the defendant to appear before the praetor or other magistrate who had jurisdictio; this process was called in jus vocatio; and, according to the laws of the Twelve Tables, was in effect a dragging of the defendant before the praetor, if he refused to go quietly; and although this rude proceeding was somewhat modified in later times, we find in the time of Horace that if the defendant would not go quietly, the plaintiff called on any bystander to witness, and dragged the defendant into court. The parties might settle their dispute on their way to the court, or the defendant might be bailed by a vindex. The vindex must not be confounded with the vades. This settlement of disputes on the way was called transactio in via, and serves to explain a passage in St. Matthew, v. 25. When before the praetor, the parties were said jure agere. The plaintiff then prayed for an action, and if the praetor allowed it (dabat actionem), he then declared what action he intended to bring against the defendant, which he called edere actionem. This might be done in writing, or orally, or by the plaintiff taking the defendant to the album [Album], and showing him which action he intended to rely on. As the formulae on the album comprehended, or were supposed to comprehend, every possible form of action that could be required by a plaintiff, it was presumed that he could find among all the formulae some one which was adapted to his case; and he was, accordingly, supposed to be without excuse if he did not take pains to select the proper formula. If he took the wrong one, or if he claimed more than his due, he lost his cause (causa cadebat); but the praetor sometimes gave him leave to amend his claim or intentio. It will be observed, that as the formulae were so numerous and comprehensive, the plaintiff had only to select the formula which he supposed to be suitable to his case, and it would require no further variation than the insertion of the names of the parties and of the thing claimed, or the subject-matter of the suit, with the amount of damages, &c., as the case might be. When the praetor had granted an action, the plaintiff required the defendant to give security for his appearance before the praetor (in jure) on a day named, commonly the day but one after the in jus vocatio, unless the matter in dispute was settled at once. The defendant, on finding a surety, was said vades dare, vadimonium promittere, or facere; the surety, vas, was said spondere; the plaintiff, when satisfied with the surety, was said vadari reum, to let him go on his sureties, or to have sureties from him. When the defendant promised to appear in jure on the day named, without giving any surety, this was called vadimonium purum. In some cases, recuperatores [Judex] were named, who, in case of the defendant making default, condemned him in the sum of money named in the vadimonium. If the defendant appeared on the day appointed, he was said vadimonium sistere; if he did not appear, he was said vadimonium deseruisse; and the praetor gave to the plaintiff the bonorum possessio. Both parties, on the day appointed, were summoned by a crier (praeco), when the plaintiff made his claim or demand, which was very briefly expressed, and may be considered as corresponding to our declaration at law. The defendant might either deny the plaintiff’s claim, or he might reply to it by a plea, exceptio. If he simply denied the plaintiff’s claim, the cause was at issue, and a judex might be demanded. The forms of the exceptio, also, were contained in the praetor’s edict, or, upon hearing the facts, the praetor adapted the plea to the case. The plaintiff might reply to the defendant’s exceptio. The plaintiff’s answer was called replicatio. If the defendant answered the replicatio, his answer was called duplicatio; and the parties might go on to the triplicatio and quadruplicatio, and even further, if the matters in question were such that they could not otherwise be brought to an issue. A person might maintain or defend an action by his cognitor or procurator, or, as we should say, by his attorney. The plaintiff and defendant used a certain form of words in appointing a cognitor, and it would appear that the appointment was made in the presence of both parties. The cognitor needed not to be present, and his appointment was complete when by his acts he had signified his assent. When the cause was brought to an issue, a judex or judices might be demanded of the praetor, who named or appointed a judex, and delivered to him the formula, which contained his instructions. The judices were said dari or addici. So far the proceedings were said to be in jure: the prosecution of the actio before the judex requires a separate discussion. [Judex.]

ACTOR, signified generally a plaintiff. In a civil or private action, the plaintiff was often called petitor; in a public action (causa publica), he was called accusator. The defendant was called reus, both in private and public causes: this term, however, according to Cicero, might signify either party, as indeed we might conclude from the word itself. In a private action the defendant was often called adversarius, but either party might be called adversarius with respect to the other. Wards brought their actions by their guardian or tutor. Peregrini, or aliens, originally brought their action through their patronus; but afterwards in their own name, by a fiction of law, that they were Roman citizens. A Roman citizen might also generally bring his action by means of a cognitor or procurator. [Actio.] Actor has also the sense of an agent or manager of another’s business generally. The actor publicus was an officer who had the superintendence or care of slaves and property belonging to the state.

ACTŬĀRĬAE NĀVES, transport-vessels, seem to have been built in a lighter style than the ordinary ships of burden, from which they also differed in being always furnished with oars, whereas the others were chiefly propelled by sails.

ACTŬĀRĬI, short-hand writers, who took down the speeches in the senate and the public assemblies. In the debate in the Roman senate upon the punishment of those who had been concerned in the conspiracy of Catiline, we find the first mention of short-hand writers, who were employed by Cicero to take down the speech of Cato.

ACTUS, a Roman measure of length, also called actus quadratus, was equal to half a jugerum, or 14,400 square Roman feet. The actus minimus, or simplex, was 120 feet long, and four broad, and therefore equal to 480 square Roman feet. Actus was also used to signify a bridle-way.

ĂCUS (βελόνη, βελονίς, ῥαφίς), a needle, a pin. Pins were made not only of metal, but also of wood, bone, and ivory. They were used for the same purposes as with us, and also in dressing the hair. The mode of platting the hair, and then fastening it with a pin or needle, is shown in the annexed figure of a female head. This fashion has been continued to our own times by the females of Italy.

Acus. (Montfaucon, Ant. Exp., Suppl., iii. 8.)

ADDICTI. [Nexi.]

ADFĪNES. [Affines.]

ADLECTI, or ALLECTI, those persons under the empire who were admitted to the privileges and honours of the praetorship, quaestorship, aedileship, and other public offices, without having any duties to perform. The senators called adlecti seem to have been the same as the conscripti.

ADLŎCŪTĬO. [Allocutio.]

ADMISSĬŌNĀLES, chamberlains at the imperial court, who introduced persons into the presence of the emperor. They were divided into four classes; the chief officer of each class was called proximus admissionum; and the proximi were under the magister admissionum. Their duty was called officium admissionis. They were usually freedmen.

ĂDŎLESCENS, was applied in the Roman law to a person from the end of his twelfth or fourteenth to the end of his twenty-fifth year, during which period a person was also called adultus. The word adolescens, however, is frequently used in a less strict sense in the Latin writers in referring to a person much older than the above-mentioned age.

ĂDŌNĬA (ἀδώνια), a festival celebrated in honour of Aphrodite and Adonis in most of the Grecian cities. It lasted two days, and was celebrated by women exclusively. On the first day they brought into the streets statues of Adonis, which were laid out as corpses; and they observed all the rites customary at funerals, beating themselves and uttering lamentations. The second day was spent in merriment and feasting; because Adonis was allowed to return to life, and spend half the year with Aphrodite.

ĂDOPTĬO, adoption. (1) Greek.—Adoption was called by the Athenians εἰσποίησις, or sometimes simply ποίησις, or θέσις. The adoptive father was said ποιεῖσθαι, εἰσποιεῖσθαι, or sometimes ποιεῖν: and the father or mother (for a mother after the death of her husband could consent to her son being adopted) was said ἐκποιεῖν: the son was said ἐκποιεῖσθαι with reference to the family which he left; and εἰσποιεῖσθαι with reference to the family into which he was received. The son, when adopted, was called ποιητός, εἰσποιητός, or θετός, in opposition to the legitimate son born of the body of the father, who was called γνήσιος. A man might adopt a son either in his lifetime or by his testament, provided he had no male offspring, and was of sound mind. He might also, by testament, name a person to take his property, in case his son or sons should die under age. Only Athenian citizens could be adopted; but females could be adopted (by testament at least) as well as males. The adopted child was transferred from his own family and demus into those of the adoptive father; he inherited his property, and maintained the sacra of his adoptive father. It was not necessary for him to take his new father’s name, but he was registered as his son in the register of his phratria (φρατρικὸν γραμματεῖον). Subsequently to this, it was necessary to enter him in the register of the adoptive father’s demus (ληξιαρχικὸν γραμματεῖον), without which registration it appears that he did not possess the full rights of citizenship as a member of his new demus.—(2) Roman.—The Roman relation of parent and child arose either from a lawful marriage or from adoption. Adoptio was the general name which comprehended the two species, adoptio and adrogatio; and as the adopted person passed from his own familia into that of the person adopting, adoptio caused a capitis diminutio, and the lowest of the three kinds. [Caput.] Adoption, in its specific sense, was the ceremony by which a person who was in the power of his parent (in potestate parentum), whether child or grandchild, male or female, was transferred to the power of the person adopting him. It was effected under the authority of a magistrate (magistratus), the praetor, for instance, at Rome, or a governor (praeses) in the provinces. The person to be adopted was emancipated [Mancipatio] by his natural father before the competent authority, and surrendered to the adoptive father by the legal form called in jure cessio. When a person was not in the power of his parent (sui juris), the ceremony of adoption was called adrogatio. Originally, it could only be effected at Rome, and only by a vote of the populus (populi auctoritate) in the comitia curiata (lege curiata); the reason of this being that the caput or status of a Roman citizen could not, according to the laws of the Twelve Tables, be effected except by a vote of the populus in the comitia curiata. Clodius, the enemy of Cicero, was adrogated into a plebeian family, in order to qualify himself to be elected a tribune of the plebs. Females could not be adopted by adrogatio. Under the emperors it became the practice to effect the adrogatio by an imperial rescript. The effect of adoption was to create the legal relation of father and son, just as if the adopted son were born of the blood of the adoptive father in lawful marriage. The adopted child was intitled to the name and sacra privata of the adopting parent. A person, on passing from one gens into another, and taking the name of his new familia, generally retained the name of his old gens also, with the addition to it of the termination anus. Thus Aemilius, the son of L. Aemilius Paullus, upon being adopted by P. Cornelius Scipio, assumed the name of P. Cornelius Scipio Aemilianus, and C. Octavius, afterwards the emperor Augustus, upon being adopted by the testament of his great-uncle the dictator, assumed the name of C. Julius Caesar Octavianus.

ĂDŌRĀTĬO (προσκύνησις), adoration, was paid to the gods in the following manner:—The individual stretched out his right hand to the statue of the god whom he wished to honour, then kissed his hand, and waved it to the statue. The adoratio differed from the oratio or prayers, which were offered with the hands folded together and stretched out to the gods. The adoration paid to the Roman emperors was borrowed from the Eastern mode, and consisted in prostration on the ground, and kissing the feet and knees of the emperor.

ADRŎGĀTĬO. [Adoptio, (Roman).]

ĂDULTĔRĬUM, adultery. (1) Greek.—Among the Athenians, if a man caught another man in the act of criminal intercourse (μοιχεία) with his wife, he might kill him with impunity; and the law was also the same with respect to a concubine (παλλακή). He might also inflict other punishment on the offender. It appears that there was no adultery, unless a married woman was concerned. The husband might, if he pleased, take a sum of money from the adulterer, by way of compensation, and detain him till he found sureties for the payment. The husband might also prosecute the adulterer in the action called μοιχείας γραφή. If the act of adultery was proved, the husband could no longer cohabit with his wife, under pain of losing his privileges of a citizen (ἀτιμία). The adulteress was excluded even from those temples which foreign women and slaves were allowed to enter; and if she was seen there, any one might treat her as he pleased, provided he did not kill her or mutilate her.—(2) Roman.—The word adulterium properly signifies, in the Roman law, the offence committed by a man’s having sexual intercourse with another man’s wife. Stuprum (called by the Greeks φθορά) signifies the like offence with a widow or virgin. In the time of Augustus a law was enacted (probably about B.C. 17), entitled Lex Julia de adulteriis coercendis, which seems to have contained special penal provisions against adultery; and it is also not improbable that, by the old law or custom, if the adulterer was caught in the fact, he was at the mercy of the injured husband, and that the husband might punish with death his adulterous wife. By the Julian law, a woman convicted of adultery was mulcted in half of her dowry (dos) and the third part of her property (bona), and banished (relegata) to some miserable island, such as Seriphos, for instance. The adulterer was mulcted in half his property, and banished in like manner. This law did not inflict the punishment of death on either party; and in those instances under the emperors in which death was inflicted, it must be considered as an extraordinary punishment, and beyond the provisions of the Julian law. The Julian law permitted the father (both adoptive and natural) to kill the adulterer and adulteress in certain cases, as to which there were several nice distinctions established by the law. If the wife was divorced for adultery, the husband was entitled to retain part of the dowry. By a constitution of the Emperor Constantine, the offence in the adulterer was made capital.

ADVERSĀRĬA, a note-book, memorandum-book, posting-book, in which the Romans entered memoranda of any importance, especially of money received and expended, which were afterwards transcribed, usually every month, into a kind of ledger. (Tabulae justae, codex accepti et expensi.)

ADVERSĀRĬUS. [Actor.]

ĂDŬNĂTI (ἀδύνατοι), were persons supported by the Athenian state, who, on account of infirmity or bodily defects, were unable to obtain a livelihood. The sum which they received from the state appears to have varied at different times. In the time of Lysias and Aristotle, one obolus a day was given; but it appears to have been afterwards increased to two oboli. The bounty was restricted to persons whose property was under three minae; and the examination of those who were entitled to it belonged to the senate of the Five Hundred. Peisistratus is said to have been the first to introduce a law for the maintenance of those persons who had been mutilated in war.

ADVOCATUS, seems originally to have signified any person who gave another his aid in any affair or business, as a witness for instance; or for the purpose of aiding and protecting him in taking possession of a piece of property. It was also used to express a person who in any way gave his advice and aid to another in the management of a cause; but, in the time of Cicero, the word did not signify the orator or patronus who made the speech. Under the emperors it signified a person who in any way assisted in the conduct of a cause, and was sometimes equivalent to orator. The advocate’s fee was then called Honorarium.

ĂDỸTUM. [Templum.]

AEDES. [Domus; Templum.]

AEDĪLES (ἀγορανόμοι). The name of these functionaries is said to be derived from their having the care of the temple (aedes) of Ceres. The aediles were originally two in number: they were elected from the plebs, and the institution of the office dates from the same time as that of the tribunes of the plebs, B.C. 494. Their duties at first seem to have been merely ministerial; they were the assistants of the tribunes in such matters as the tribunes entrusted to them, among which are enumerated the hearing of causes of smaller importance. At an early period after their institution (B.C. 446), we find them appointed the keepers of the senatus-consulta, which the consuls had hitherto arbitrarily suppressed or altered. They were also the keepers of the plebiscita. Other functions were gradually entrusted to them, and it is not always easy to distinguish their duties from some of those which belong to the censors. They had the general superintendence of buildings, both sacred and private; under this power they provided for the support and repair of temples, curiae, &c., and took care that private buildings which were in a ruinous state were repaired by the owners or pulled down. The care of the supply and distribution of water, of the streets and pavements, with the cleansing and draining of the city, belonged to the aediles; and, of course, the care of the cloacae. They had the office of distributing corn among the plebs, but this distribution of corn at Rome must not be confounded with the duty of purchasing or procuring it from foreign parts, which was performed by the consuls, quaestors, and praetors, and sometimes by an extraordinary magistrate, as the praefectus annonae. The aediles had to see that the public lands were not improperly used, and that the pasture grounds of the state were not trespassed on; and they had power to punish by fine any unlawful act in this respect. They had a general superintendence over buying and selling, and, as a consequence, the supervision of the markets, of things exposed to sale, such as slaves, and of weights and measures; from this part of their duty is derived the name under which the aediles are mentioned by the Greek writers (ἀγορανόμοι). It was their business to see that no new deities or religious rites were introduced into the city, to look after the observance of religious ceremonies, and the celebrations of the ancient feasts and festivals. The general superintendence of police comprehended the duty of preserving order, regard to decency, and the inspection of the baths and houses of entertainment. The aediles had various officers under them, as praecones, scribae, and viatores. The Aediles Curules, who were also two in number, were originally chosen only from the patricians, afterwards alternately from the patricians and the plebs, and at last indifferently from both. The office of curule aediles was instituted B.C. 365, and, according to Livy, on the occasion of the plebeian aediles refusing to consent to celebrate the Ludi Maximi for the space of four days instead of three; upon which a senatus-consultum was passed, by which two aediles were to be chosen from the patricians. From this time four aediles, two plebeian and two curule, were annually elected. The distinctive honours of the curule aediles were, the sella curulis, from whence their title is derived, the toga praetexta, precedence in speaking in the senate, and the jus imaginum. Only the curule aediles had the jus edicendi, or the right of promulgating edicta; but the rules comprised in their edicta served for the guidance of all the aediles. The edicta of the curule aediles were founded on their authority as superintendents of the markets, and of buying and selling in general. Accordingly, their edicts had mainly, or perhaps solely, reference to the rules as to buying and selling, and contracts for bargain and sale. The persons both of the plebeian and curule aediles were sacrosancti. It seems that after the appointment of the curule aediles, the functions formerly exercised by the plebeian aediles were exercised, with some few exceptions, by all the aediles indifferently. Within five days after being elected, or entering on office, they were required to determine by lot, or by agreement among themselves, what parts of the city each should take under his superintendence; and each aedile alone had the care of looking after the paving and cleansing of the streets, and other matters, it may be presumed, of the same local character within his district. The other duties of the office seem to have been exercised by them jointly. In the superintendence of the public festivals or solemnities, there was a further distinction between the two sets of aediles. Many of these festivals, such as those of Flora and Ceres, were superintended by either set of aediles indifferently; but the plebeian games were under the superintendence of the plebeian aediles, who had an allowance of money for that purpose; and the fines levied on the pecuarii, and others, seem to have been appropriated to these among other public purposes. The celebration of the Ludi Magni or Romani, of the Ludi Scenici, or dramatic representations, and the Ludi Megalesii, belonged specially to the curule aediles, and it was on such occasions that they often incurred a prodigious expense, with a view of pleasing the people, and securing their votes in future elections. This extravagant expenditure of the aediles arose after the close of the second Punic war, and increased with the opportunities which individuals had of enriching themselves after the Roman arms were carried into Greece, Africa, and Spain. Even the prodigality of the emperors hardly surpassed that of individual curule aediles under the republic; such as C. Julius Caesar, the dictator, P. Cornelius Lentulus Spinther, and, above all, M. Aemilius Scaurus, whose expenditure was not limited to bare show, but comprehended objects of public utility, as the reparation of walls, dock-yards, ports, and aquaeducts. In B.C. 45, Julius Caesar caused two curule aediles and four plebeian aediles to be elected; and thenceforward, at least so long as the office of aedile was of any importance, six aediles were annually elected. The two new plebeian aediles were called Cereales, and their duty was to look after the supply of corn. Though their office may not have been of any great importance after the institution of a praefectus annonae by Augustus, there is no doubt that it existed for several centuries, and at least as late as the time of the emperor Gordian. The aediles belonged to the class of the minores magistratus. The plebeian aediles were originally chosen at the comitia centuriata, but afterwards at the comitia tributa, in which comitia the curule aediles also were chosen. It appears that until the lex annalis was passed (B.C. 180) a Roman citizen might be a candidate for any office after completing his twenty-seventh year. This law fixed the age at which each office might be enjoyed, and it seems that the age fixed for the aedileship was thirty-six. The aediles existed under the emperors; but their powers were gradually diminished, and their functions exercised by new officers created by the emperors. After the battle of Actium, Augustus appointed a Praefectus urbi, who exercised the general police, which had formerly been one of the duties of the aediles. Augustus also took from the aediles, or exercised himself, the office of superintending the religious rites, and the banishing from the city of all foreign ceremonials; he also assumed the superintendence of the temples, and thus may be said to have destroyed the aedileship by depriving it of its old and original function. The last recorded instance of the splendours of the aedileship is the administration of Agrippa, who volunteered to take the office, and repaired all the public buildings and all the roads at his own expense, without drawing anything from the treasury. The aedileship had, however, lost its true character before this time. Agrippa had already been consul before he accepted the office of aedile, and his munificent expenditure in this nominal office was the close of the splendour of the aedileship. Augustus appointed the curule aediles specially to the office of putting out fires, and placed a body of 600 slaves at their command; but the praefecti vigilum afterwards performed this duty. They retained, under the early emperors, a kind of police, for the purpose of repressing open licentiousness and disorder. The coloniae, and the municipia of the later period, had also their aediles, whose numbers and functions varied in different places. They seem, however, as to their powers and duties, to have resembled the aediles of Rome. They were chosen annually.

AEDĬTŬI, AEDĬTŬMI, AEDĬTĬMI (called by the Greeks νεωκόροι, ζάκοροι, and ὑποζάκοροι), were persons who took care of the temples, attended to the cleaning of them, &c. They appear to have lived in the temples, or near them, and to have acted as ciceroni to those persons who wished to see them. Subsequently among the Greeks, the menial services connected with this office were left to slaves, and the persons called neocori became priestly officers of high rank, who had the chief superintendence of temples, their treasures, and the sacred rites observed in them.