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ADOPTION 100.00%
At Athens adoption took place either in the adopter's lifetime or by will; or again, if a man died childless and intestate, the State interfered to bring into his house the man next entitled by the Attic law of inheritance asheir and adoptive-son, so that the race and the religious rites peculiar to it might not die out. None but the independent citizen of respectable character could adopt, and he only while he was as yet without male heirs. If there were daughters, one of them was usually betrothed to the adopted son, and the rest portioned off with dowries. If after that a male heir was born, he and the adopted had equal rights.
ADOPTION 100.00%
At Rome there were two kinds of adoption, both requiring the adopter to be a male and childless: Arrogatio and Adoption proper. The former could only take place where the person to be adopted was independent (sui juris), and his adopter had no prospect of male offspring; at the instance of the pontifex, and after full proof of admissibility, it had to be sanctioned by the comitia curiata. Adoption proper applied to those still under paternal rule (patria potestas), the father selling his son by formal muncipatio (q.v.) to the adopter, who then, the paternal power being thus abolished, claimed the son before the court as his own, and the father allowed him to be adjudged to him. By either transaction the person adopted passed completely over into the family and rank of the adopter, and naturally took his name in full, but with the addition of a second cognomen formed from his own former nomen gentile by the suffix -anus, e.g. Publius Cornelius Scipio Aemilianus (son of Lucius Aemilius Paullus). Women too could be adopted, but not arrogated; neither could they adopt. At the latter end of the Republic we find a testamentary Adoption in existence, which at first likewise produced a change of name, but not of status.
one of the kinds of adoption known to the Romans. (For further information see ADOPTION.)
The formal liberation of a son from the control (manus) of his father. If the son were sold three times over, all the rights of his father came to an end. If then a father wished to make a son his own master (sui iuris), he made him over three times by mancipatio or a fictitious sale to a third person. The third person emancipated him the first and second time, so that he came again into the control of his father. After purchasing him a third time he either emancipated him himself, and thus became his patronus, or he sold him back to his father, to whom he now stood, not in the relation of a son, but in mancipio, so that the father could liberate him without more ado. In this case the father remained patronus of the son. The emancipated son did not, as in the case of adoption (see ADOPTION), Pass into the patria potestas of another, and therefore retained his father's family name. But he lost his right to inherit in default of a will.
The Athenian term for the members of a society for the observance of a divine cult not belonging to the State religion, especially those who, without belonging to the old families (see GENNET'), nevertheless like them formed a family union originating in descent from the same ancestors, and possessed a special family worship. The adoption of the children of families belonging to such a religious society occurred, as with the Gennet', at the same time as their enrolment into the phratries at the feast of the Apaturia (q.v.).
GORTYN 12.73%
[An archaic Greek inscription discovered in 1884 by Halbherr, in the bed of a mill-stream at Hagios Deka in Crete, the site of the Greek city of Gortyn. After many difficulties, the whole of it was copied and published at the end of the year. It was found to be inscribed in 12 columns on the inside wall of a circular building about 100 feet in diameter, which was probably a theatre, and covers a space of about 30 feet in length, to a height of between 5 and 6 feet from the ground. The lines are written alternately from left to right and from right to left. Two fragments of it had been discovered before, one of them being in the Louvre at Paris, and with the addition of these fragments the inscription was found to be practically complete. It contains a collection of laws regulating the private relations of the inhabitants of Gortyn. These laws deal chiefly with such subjects as Inheritance, Adoption, Heiresses, Marriage and Divorce, and incidentally afford much information on the slave system, the tenure of land and property, the organization of the courts, and other matters of interest. Its chief value is perhaps as throwing light upon the laws of the earlier Athenian legislators. The inscription is probably to be dated a few years before 400 B.C.]- C. A. M.Pond.
A formal mode of purchase among the Romans, which seems to go back to a time when the price of purchase was weighed out in bars of copper. In the presence of six Roman citizens of the age of puberty, one of whom, called the libripens (weigher), held a copper balance, the purchaser took hold of the thing and uttered certain prescribed words. He then struck the balance (libra) with a small piece of copper (oes or raudusculum), which he gave to the seller as symbol of the price. This mode of purchase per oes et libram was employed in the case of res mancipi, i.e. estates in Italy or provinces with Italian law, in the country or in towns, slaves, and domestic animals and beasts of burden needed for agricultural purposes; also in a certain kind of testaments, in the form of marriage called coemptio, and in transferring one's power over a person (manus) to another. (See ADOPTION, EMANCIPATIO, and MANCIPIUM.)
Denoted among the Greeks the subdivision of a phyple (q.v.) embracing a number of families. In Attica the four old Ionic phyloe contained three phratrioe in each, twelve in all; and each phratrioe comprehended thirty families (see GENNETAe). When the old phyloe were suppressed by Clisthenes, the phratrioe remained in existence as religious associations for the observance of the ancient forms of worship, which did not admit of being suppressed. They had, however, no political importance, except that the sons (by birth or adoption) of a citizen had to be enrolled in the register of phratores, or members of the phratria of their natural or adoptive father. This was done by the phratriarchi (presidents) at the chief festival of the phratrioe, the Apaturia (q.v.). Newly married husbands also introduced their wives into the phratria. Each phratria had a separate place of worship (phratrion), with the altars of its deities. Zeus and Athene were common to all, but each phratria worshipped other special deities of its own.
A Greek historian, born at Chios about 380 B.C. He left home, probably about 361, with his father, who was banished by the democratic party on account of his predilection for the Spartans, and, having been trained in oratory by Isocrates, spoke with great success in all the larger towns of Greece. Be distinguished himself so greatly in the rhetorical contest instituted (351) by queen Artemisia, wife of Mausolus, in honour of her deceased husband, that he obtained a brilliant victory over all competitors. He afterwards travelled, with the object of acquiring material for his historical works. The favour shown him by Alexander the Great induced him to return to Chios at the age of forty-five; but on the death of his patron he found himself again obliged to flee from his opponents, whose hatred he had incurred by his vehement adoption of the sentiments of the aristocracy. He took refuge with king Ptolemy I at Alexandria about 305. Here he did not, however, meet with a favourable reception, and was compelled to withdraw, as his life was in danger. Of his subsequent fate nothing is known. Besides numerous orations, he composed two large histories, founded on the most careful and minute research: (a) Hellenica, in twelve books, a continuation of Thucydides, covering the period from 411-394; and (b) Philippica, in fifty-eight books, treating of the life and times of Philip of Macedon. Of these works only fragments remain. The charge of malignity, which was brought against him by the ancients, seems to have originated in the reckless manner in which, on the testimony of Dionysius of Halicarnassus [Ep. ad Cn. Pompeium], he exposed the pettiness and baseness of the politics of those times, especially those of the Macedonian party. There seems to be better foundation for the charge brought against him of being too fond of digressions; for when, in later times, the digressions in the Philippica were omitted, the work was thereby reduced to sixteen books.
This was the Athenian term for the members of the 360 ancient families (gennoe), thirty of which made up one of the twelve phratrioe of the four old Ionic tribes. These families consisted of some thirty houses, who referred their origin and name to a common ancestor, and observed a common worship, with special priests to superintend it. The objects of this worship were Zeus Herkeios (the god of house and home), Apollo Patroos (the god of the family), the heros of the family, and other tutelary deities. Supposing that a family worship rose to the dignity of a state ceremony, the priestly office remained hereditary in the family (genna). If there were no nearer relations, the members of the genna had a law of inheritance which they observed among themselves. Maintained by these religious and legal ties, the gennoe and the phratrioe survived the old Ionic tribes, after the abolition of the latter by Cleisthenes. The president of the genna superintended the enrolment of new members into it at the feast of the Apaturia, the occasion italics>on which the new members of the phratrioe were also enrolled. (See APATURIA.) A citizen who did not belong to a genna could only become member of one by adoption, and under certain conditions.
(diminution of civil rights and legal capacity.) This was the term by which the Romans denoted degradation into an inferior civil condition, through the loss of the rights of freedom, citizenship or family. The extreme form of it, deminutio capitis maxima, was entailed by the loss of freedom, which involved the loss of all other rights. This would occur if a Roman citizen were taken prisoner in war, or given up to the enemy for having violated the sanctity of an ambassador, or concluding a treaty not approved of by the people. Or again if he was sold into slavery, whether by the State for refusing military service, or declining to state the amount of his property at the census, or by his creditors for debt. If a prisoner of war returned home, or if the enemy refused to accept him when given up to them, his former civil rights were restored. The intermediate stage, deminutio capitis media or minor, consisted in loss of civil rights consequent on becoming citizen of another state, or on a decree of exile confirmed by the people, or (in imperial times) on deportation. Restoration of the civil status was possible if the foreign citizenship were given up, or if the decree of exile were cancelled. The lowest grade (deminutio capitis minima) was the loss of hitherto existing family rights by emancipation (which involved leaving the family), adoption, or (in the case of a girl) by marriage.
DEMOS 7.14%
A Greek word meaning: (1) the people, either in contrast with a despot or the nobility, or as the depository of supreme power. (2) a district or region. Thus in the Athenian state the demes were the hundred administrative districts formed by Clisthenes, of which ten were contained in each of the ten tribes or phylae. The demes were named after the small towns and hamlets, and sometimes from distinguished families living there and owning property at the time of the division. In course of time the number of the demes increased through extension and division, so that in the age of Augustus it amounted to 174. According to the original arrangement all persons who belonged to a deme lived in its precincts. The descendants belonged to the same demes as their ancestors, even though they neither lived nor owned property there. To pass from one deme to another was only possible by adoption. To own property in a strange deme it was necessary to pay a special tax to it. As every citizen was obliged to belong to a deme, the complete official description of him included the name of his deme as well as of his father. Every deme had certain common religious rites, presided over by special priests. The demotae, or members of a deme, had also a common property, a common chest for receiving the rents and taxes, common officers with a demarchus at their head, and common meetings for the discussion of common interests, elections, and so forth. At these meetings the names of the young citizens of eighteen years old were written in the registers of the deme, and after two years were enrolled in the lists of persons qualified to take part in the meetings. It was also at these assemblies that the regular revision of the lists of Athenian citizens took place.
HELOTS 6.26%
This name was given at Sparta to those among the original inhabitants of Laconia who lost their land and freedom at the Dorian conquest . (For the others, see PERIOECI.) It is not certain what the word originally meant. Some scholars have explained it as "prisoners of war"; others have derived it from Helos, the name of a city supposed to have been conquered in consequence of an insurrection. This view was held in antiquity. The Helots were slaves of the state, which assigned them to individual citizens to cultivate their lands. Their employers had no power to kill them, to sell them, or to set them free. The law fixed a certain proportion of the produce in barley, oil, and wine, which the Helots were bound to pay over to the landowner. The rest was their own property, and a certain degree of prosperity was therefore within their reach. A Helot was liable to be called upon for personal service by any Spartan, even if not attached to his estate; but no authority save that of the state could either set him free or remove him from the soil to which he was bound. In war, the Helots were employed sometimes as shield-bearers to the heavy-armed troops, sometimes as archers and slingers, sometimes in other subordinate capacities. After Sparta had become a naval power, they were used as pilots and marines; but they were seldom admitted to the ranks of the heavy-armed infantry. For distinguished merit in the field they might be set free, and a special class called Neodamodeis was formed of these liberated Helots. The Neodamodeis, however, had no civil rights; and indeed it was but seldom that a Helot ever became a Spartan citizen. The children of Spartan fathers and Helot mothers, called Mothakes, were free, and brought up with the young free Spartans. In many cases, through a species of adoption on the father's part, they obtained the citizenship. The Helots formed a very numerous body, amounting to more than half of the whole Lacedaemonian population (400,000). As they were in a state of chronic discontent, they were, in times of danger, a source of anxiety to the Spartans, and the object of constant vigilance. Hence the institution of the Crypteia, which used to be erroneously represented as a chase of the Helots. The fact is that, before being admitted to military service proper, the young Spartans were annually commanded by the ephors to scour the country, seize on any objects of suspicion, and, in particular, to keep an eye on the Helots, and put any Helot, whom they had reason to distrust, out of the way with-out more ado.
The popular assemblies of the Romans, summoned and presided over by a magistratus. In the comitia the Roman people appeared as distributed into its political sections, for the purpose of deciding, in the exercise of its sovereign rights, upon the business brought before it by the presiding magistrate. The comitia must be distinguished from the contiones. The contiones were also summoned and presided over by a magistrate, but they did not assemble in their divisions, and they had nothing to do but to receive the communications of the magistrate. In all its assemblie at Rome, the people remained standing. The original place of meeting was the comitium, a part of the forum. There were three kinds of comitia, viz.: (1) The Comitia Curiata. This was the assembly of the patricians in their thirty curice, who, until the change of the constitution under Servius Tullius, constituted the whole populus Romanus. During the regal period they were summoned by the rex or interrex, who brought before them questions to be decided Aye or No. The voting was taken first in each curia by heads, and then according to curiae, in an order determined by lot. The business within the competence of this assembly was: (a) to elect a king proposed by the interrex; (b) to confer upon the king the imperium, by virtue of the lex curiata de imperio; (c) to decide on declarations of war, appeals, arrogationes (see ADOPTION), and the reception of foreign families into the body of the patricians. The Servian constitution transferred the riaht of declaring aggressive war, and the right of deciding appeals, to the Comitia Centuriata, which, from this time onward, represented the people, now composed of both patricians and plebeians. After the establishment of the Republic, the Comitia Curiata retained the right (a) of conferring, on the proposal of the senate, the imperium on the magistrates elected by the Comitia Centuriata, and on the dictator elected by the consuls; (b) of confirming, likewise on the proposal of the senate, the alterations in the constitution decided upon by the Comitia Centuriata, and Tributa. The extinction of the political difference between Patricians and Plebeians destroyed the political position of the Comitia Curiata, and the mere shadow of their rights survived. The assembly itself became an unreality, so much so that, in the end, the presence of the thirty lictores curiati, and three augurs, was sufficient to enable legal resolutions to be passed (see LICTORS). But the Comitia Curiata retained the powers affecting the reception of a non-patrician into the patrician order, and the powers affecting the proceeding of arrogatio, especially in cases where the transition of a patrician into a plebeian family was concerned. Evidence of the exercise of these functions on their part maybe traced down the imperial period. The Comitia Calata were also an assembly of the patrician curioe. They were so called because publicly summoned (calare). The pontifices presided, and the functions of the assembly were: (a) to inaugurate the flamines, the rex sacrorum, and indeed the king himself during the regal period. (b) The detestatio sacrorum, previous to an act of arrogatio. This was the formal release of a person passing by adoption into another family from the sacra of his former family (see ADOPTION). (c) The ratification of wills twice a year; but this applies only to an early period. (d) The announcement of the calendar of festivals on the first day of every month. (2) Comitia Centuriata. The assembly of the whole people, patrician as well as plebeian, arran ged according to the centurioe established by Servius Tullius. The original founder of the comitia centuriata transferred to them certain political rights which had previously been exercised by the comitia curiata. It was not, however, until the foundation of the Republic, when the sovereign power in the state was transferred to the body of citizens, that they attained their real political importance. They then became the assembly in which the people, collectively, expressed its will. The right of summoning the comitia centuriata originally belonged to the king. During the republican period it belonged, in its full extent, to the consuls and the dictator alone. The other magistrates possessed it only within certain limits. The interrex, for instance, could, in case of there being no consuls, summon the comitia centuriata to hold an election, but he could summon them for this purpose only. The censors could call them together only for the holding of the census and the lustrum; the praetors, it may be conjectured, only in the case of capital trials. In all other instances the consent of the consuls, or their authorisation, was indispensable. The duties of the comitia centuriata during the republican period were as follows: (a) To elect the higher magistrates, consuls, censors, and praetors. (b) To give judgment in all the capital trials in which appeal to the people was permitted from the sentence of the magistrate sitting in judgment. This popular jurisdiction was gradually limited to political trials, common offences being dealt with by the ordinary commissions. And in the later republican age the judicial assemblies of the comitia centuriata became, in general, rarer, especially after the formation of special standing commissions (quoestiones perpetuoe) for the trial of a number of offences regarded as political. (c) To decide on declaring a war of aggression; this on the proposal of the consuls, with the approval of the senate. (d) To pass laws proposed by the higher magistrates, with the approval of the senate. This right lost much of its value after 287 B.C., when the legislative powers of the comitia tributa were made equal to those of the comitia centuriata. After this time the legislative activity of the latter assembly gradually diminished. The comitia centuriata were originally a military assembly, and the citizens accordingly, in ancient times, attended them in arms. On the night before the meeting, the magistrate summoning the assembly took the auspices on the place of meeting, the Campus Martius. If the auspices were favourable, signals were given, before daybreak, from the walls and the citadel by the blowing of horns, summoning the citizens to a contio. The presiding magistrate offered sacrifice, and repeated a solemn prayer, and the assembly proceeded to consider the business which required its decision. Private individuals were not allowed to speak, except with the consent of the presiding magistrate. At his command the armed people divided themselves into their centurioe, and marched in this order to the Campus Martius, preceded by banners, and headed by the cavalry. Arrived at the Campus, they proceeded to the voting, the president having again put the proposal to the people in the form of a question ("Do you wish?" "Do you command?") While the voting was going on, a red flag stood on the Janiculum. The equites, who in ancient times used to begin the battles in war, opened the voting, and their eighteen centuries were therefore called proerogativoe. The result of their vote was immediately published, and, being taken as an omen for the voters who were to follow, was usually decisive. Then came the 175 centuries, 170 of which composed the five classes of infantry in their order. Each centuria counted as casting one vote; this vote was decided by a previous voting within the centuria, which was at first open, but in later times was taken by ballot. If the 18 centuries of equites, and the 80 centuries of the first class, with whom went the two centuries of mechanics (centuroe fabrum), were unanimous, the question was decided, as there would be a majority of 100 centuries to 93. If not, the voting went on until one side secured the votes of at least 97 centuries. The lower classes only voted in the rare cases where the votes of the higher classes were not united. The proceedings concluded with a formal announcement of the result on the part of the presiding magistrate, and the dismissal of the host. If no result was arrived at by sunset, or if unfavourable omens appeared during the proceedings, or while the voting was going on, the assembly was adjourned until the next convenient occasion. This form of voting gave the wealthier citizens a decided advantage over the poorer, and lent an aristocratic character to the comitia centuriata. In the 3rd century B.C. a change was introduced in the interest of the lower classes. Each of the thirtyfive tribus, or districts, into which the Roman territory was divided, included ten centurioe, five of iuniores and five of seniores. (For the five classes, see CENTURIA.) Thus each of the five classes included 70 centurioe, making 350 centurioe in all. To this number add the eighteen centurioe equitum, and the five centurioe not included in the propertied classes; namely, two of fabri (mechanics), two of tubicines (musicians), and one of proletarii and liberti (the very poor and the freedmen), and the whole number of centurioe amounts to 373. The centurioe, it must be remembered, had by this time quite lost their military character. Under this arrangement the 88 votes of the equites and the first classis were confronted with the 285 votes of the rest. Besides this, the right of voting first was taken from the equites and given to the centuria proerogativa chosen by lot from the first classis. The voting, it is true, was still taken in the order of the classes, but the classes were seldom unanimous as in former times; for the interests of the tribus, which were represented in each classis by two centurioe respectively, were generally divergent, and the centuries voted in the sense of their tribe. The consequence was that it was often necessary indeed, perhaps that it became the rule, at least at elections to take the votes of all the classes.[1] In old times the military arrangement was sufficient to secure the maintenance of order. But, after its disappearance, the classes were separated, and the centurioe kept apart by wooden barriers (soepta), from which the centurioe passed over bridges into an open inner space called ovile (sheep-fold). On the position of the comitia centuriata during the imperial age, see below. (3) Comitia Tributa. This was the collective assembly of the people arranged according to the local distribution of tribes (see TRIBUS). It must be distinguished from the concilium plebis, which was an assembly of the tribes under the presidency of plebeian magistrates, i.e., the tribuni and the oediles plebeii. As these magistrates had no right to summon patricians, the resolutions passed by a concilium plebis were (strictly speaking) only plebi scita. It was a lex centuriata of some earlier date than 462 B.C. that probably first made these resolutions binding on all the citizens, provided they received the approval of the senate. This approval was rendered unnecessary by the lex Hortensia of 287 B.C., and from that date onward the concilia plebis became the principal organ of legislation. The method of voting resembled that in the comitia curiata, and the regular place of meeting was the Comitium. No auspices were taken. From 471 B.C. the concilia plebis elected the tribuni and the oediles plebeii. Among the other functions of the concilia plebis were the following: (a) To give judicial decisions in all suits instituted by the tribunes and aediles of the plebs, for offences against the plebs or its representatives. In later times these suits were mostly instituted on the ground of bad or illegal administration. The tribunes and aediles had, in these cases, the power of inflicting pecuniary fines ranging up to a large amount. (b) To pass resolutions on proposals made by the tribunes of the plebs and the higher magistrates on foreign and domestic affairs, on the conclusion of peace, for instance, or the making of treaties. Their power was almost unlimited, and the more important because, strictly speaking, it was only the higher magistrates who required the authorization of the senate. Nor bad the senate more than the right of quashing a measure passed without due formalities. The comitia tributa, as distinguished from the concilia plebis, were presided over by the consuls, the praetors, and (in judicial cases) the curule aediles. Until the latter years of the Republic, the assembly usualy met upon the Capitol, and afterwards on the Campus Martius. The functions of the comitia tributa, gradually acquired, were as follows: (a) The election of all the lower magistrates, ordinary (as the tribuni plebis, tribuni militum, aediles plebis, aediles curules) and extraordinary, under the presidency partly of the tribunes, partly of the consuls or praetors. (b) The nomination of the pontifex maximus, and of the co-opted members of the religious collegia of the pontifices, augures, and decemviri sacrorum. This nomination was carried out by a committee of seventeen tribes chosen by lot. (c) The fines judicially inflicted by the concilia plebis required in all graver cases the sanction of the tribes. The comitia tributa were summoned at least seventeen days before the meeting, by the simple proclamation of a herald. As in the case of the comitia centuriata, business could neither be begun nor continued in the face of adverse auspices. Like the comitia centuriata too, the tribal assembly met at daybreak, and could not sit beyond sunset. If summoned by the tribunes, the comitia tributa could only meet in the city, or within the radius of a mile from it. The usual place of assembly was the Forum or the comitium (q.v.). If summoned by other authorities, the assembly met outside the city, most commonly in the Campus Martius. The proceedings opened with a prayer, unaccompanied by sacrifice. The business in hand was then discussed in a contio, (see above, p. 155a); and the proposal having been read out, the meeting was requested to arrange itself according to its thirty-five tribes in the soepta or wooden fences. Lots were drawn to decide which tribe should vote first. The tribe on which this duty fell was called principium. The result of this first vote was proclaimed, and the other tribes then proceeded to vote simultaneously, not successively. The votes given by each tribe were then announced in an order determined by lot. Finally, the general result of the voting was made known. The proposer of a measure was bound to put his proposal into due form, and publish it beforehand. When a measure came to the vote, it was accepted or rejected as a whole. It became law when the presiding magistrate announced that it had been accepted. The character of the comitia had begun to decline even in the later period of the Republic. Even the citizens of Rome took but little part in them, and this is still more true of the population of Italy, who had received the Roman citizenship in 89 B.C. The comitia tributa, in particular, sank gradually into a mere gathering of the city mob, strengthened on all sides by the influx of corrupt elements. The results of the voting came more and more to represent not the public interest, but the effects of direct or indirect corruption. Under the Empire the comitia centuriata and tributa continued to exist, in a shadowy form, it is true, down to the 3rd century A.D. Julius Caesar had deprived them of the right of deciding on war and peace. Under Augustus they lost the power of jurisdiction, and, practically, the power of legislation. The imperial measures were indeed laid before the comitia tributa for ratification, but this was all; and under the successors of Augustus even this proceeding became rarer. Since the time of Vespasian the emperors, at their accession, received their legislative and other powers from the comitia tributa; but this, like the rest, was a mere formality. The power of election was that which, in appearance at least, survived longest. Augustus, like Julius Caesar, allowed the comitia centuriata to confirm the nomination of two candidates for the consulship. He also left to the comitia centuriata and tributa the power of free election to half the other magistracies; the other half being filled by nominees of his own. Tiberius transferred the last remnant of free elective power to the senate, whose proposals, originating under imperial influence, were laid before the comitia for ratification. The formalities, the auspices, prayer, sacrifice, and proclamation, were now the important thing, and the measures proposed were carried, not by regular voting, but by acclamation.
The Roman consuls were the magistrates to whom the supreme authority was transferred from the kings, after the expulsion of the latter in 510 B.C. The consuls gave their name to the year. They were elected by the comitia centuriata, and, down to B.C. 366, from the Patricians only. The legal age at which a man might be elected was, in the time of Cicero, forty-three. The time of entering on the office varied in the early periods: in 222 B.C. it was fixed to March 15th, in 153 to the Ist of January. The accession of the now consuls was attended with the performance of certain ceremonies, among which may be mentioned a procession of the consuls to the Capitol, with the senate, equites, and other citizens of position, as escort; an offering of white bulls to Jupiter, and the utterance of solemn vows. The consuls were the representatives of the royal authority, and consequently all other magistrates were bound to obey them, with the exception of the tribunes of the plebs and the dictator. During a dictatorship their powers fell into abeyance. In the city their authority was limited by the right of appeal to the people, and the veto of the tribunes. But in the army, and over their subordinates, they had full power of life and death. Some of their original functions passed from them in course of time. Thus in 444 B.C. the business of the census was made over to the Censors; in 366 the civil jurisdiction within the city, so far as it included the right of performing the acts of adoption, emancipation, and liberation of slaves, was transferred to the praetors. In the field, however, having the criminal jurisdiction in their hands, they had also the right of deciding in civil cases affecting the soldiers. In the general administration of public business the consuls, although formally recognised as the supreme authority, gradually became, in practice, dependent upon the senate and the comitia, as they ad only the power of preparing the resolutions proposed, and carrying them out if accepted. Within the city, their powers were virtually confined to summoning the senate and comitia, and presiding over their meetings. They also nominated the dictators, and conducted the elections and legislation in the comitia, and the levies of soldiers. After the office of dictator fell into abeyance, the power of the consuls was, in cases of great danger, increased to dictatorial authority by a special decree of the senate. An essential characteristic of the consular office was that it was collegial; and therefore, if one consul died, another (called consul suffectus) was immediately elected. This consul suffectus had absolutely the same authority as his colleague, but he had to lay down his office with him at the end of the year for which the two had been originally elected. The power of the two consuls being equal, the business was divided between them. In the administration of the city they changed duties every month, the senior taking the initiative. With regard to their insignia, namely, the toga proetexta, sella curulis, and twelve lictors, the original arrangement was that the lictors walked in front of the officiating consul, while the other was only attended by an accensus. In later times the custom was for the lictors to walk before the officiating consul, and behind the other. In the field, each consul commanded two legions with their allied troops; if they were in the same locality, the command changed from day to day. The question of the administration of the provinces they either settled by consent, or left it to be decided by lot. With the extension of the empire the consuls became unable to undertake the whole burden of warfare, and the praetors were called in to assist. The provinces were then divided into constilar and praetorian ; the business of assignment being left to the senate, which, after the year 122, was bound to make it before the elections. In the last century B.C. a law of Sulla, deprived the consuls of an essential element of their authority, the military imperium; for it enacted that the consuls should spend their year of office in Rome, and only repair to the provinces and assume the imperium after its conclusion. In the civil wars the consular office completely lost its old position, and though it continued to exist under the Empire, it became, practically, no more than an empty title. The emperors, who often held the office themselves, and sometimes, like Caesar, for several years in succession, had the right of nominating the candidates, and therefore, in practice, had the election in their own hands. It became usual to nominate several pairs of consuls for one year, so as to confer the distinction on as many persons as possible. In such cases, the consuls who came in on January 1st, after whom the year was named, were called consules ordinarii, the consules suffecti counting as minores. Until the middle of the 1st century A.D., it was a special distinction to hold the consulship for a whole year; but after that no cases of this tenure occur. In time the insignia, or ornamenta consularia, or honorary distinctions of the office, were given, in certain degrees, even to men who had not been consuls at all. The chief duties of the consuls now were to preside in the senate, and conduct the criminal trials in which it had to give judgment. But, besides this, certain functions of civil jurisdiction were in their hands; notably the liberation of slaves, the provision for the costly games which occurred during their term of office, the festal celebrations in honour of the emperor, and the like. After the seat of empire was transferred to Constantinople, the consulate was, towards the end of the 4th century, divided between the two capital cities. The consulate of the western capital came to an end in 534 A.D., that of the eastern in 541. From that time the Emperor of the East bore the title of consul perpetuus.
NAMES 4.01%
The Romans, in the republican times, bad their names in the following order: prcenamen (= our "Christian name"), nomen (name of race, gentile name), cognomen (surname, denoting the family). The gentile name, which originally (always in patrician names) had for derivative suffix -ius (e.g. Iunius, Cornelius, Tullius), was common to all those connected with the gens, men, women, clients, and freedmen. The prcenomen was given to sons on the third day after birth, the dies lustricus, and was officially confirmed when the toga virilis was assumed and the name was inscribed on the roll of citizens. The original meaning of the prcenomen, in which there was sometimes a reference to peculiar circumstances at birth (e.g. Lacius=born by day, Manius=born in the morning; Quintus, the fifth, Decimus, the tenth), came to be disregarded in the course of time, when the name was given. As a rule, the eldest son received the prcenomen of his father. Of these there was a comparatively limited number in the noble families; some were employed only by certain gentes, even by certain families, as for instance Appius exclusively by the Claudii, and Tiberius especially by the Nerones who belonged to this race; while others were actually prohibited in certain families, e.g. Marcus in that of the Manlii.[1] The prcenomen was usually written in an abbreviated form; thus, A. stands for Aulus, C. for Gaius, Gn. for Gnceus, D. for Decimus, L. for Lacius, M'. for Manius, M. for Marcus, P. for Publius , Q. for Quintus, Ser. for Servius, S. or Sex. for Sextus, Ti. for Tiberius, T. for Titus. The surname (cognomen), the use of which was, in early times, not customary among the plebeians, served to denote and distinguish the different families of the same race, which often included several, patrician and plebeian. Thus the gens Cornelia comprised the patrician families of the Scipiones, Sullce, etc., and the plebeian families of the Dolabellce, Lentuli, etc. [It is true that some patrician families had fixed cognomina (e.g. Nero), but it was quite common for plebeians to take cognomina or to have them given; e.g. Cn. Pompeius Magnus, C. Asinius Pollio, and his son Asinius Gallus. Some plebeians never took a cognomen, e.g. the Antonii. But the Tullii are Cicerones in the last century of the Republic. Cognomina, whether fixed or otherwise, are generally of the nature of nicknames, or, at any rate, add a description of some personal characteristic; e.g. Naso, Strabo, Gallus, Scrofa, Asina, Rufus.] To the surname there was sometimes added a second and even a third, in later times called the agnomen, to indicate a lateral branch of the family, for instance the Scipiones, Nasicoe; or, in memory of some remarkable exploit in war (e.g. Scipio Africanus, Asiaticus, etc.), or in consequence of a popular designation (e.g. Scipio Nasica Serapio) or of an adoption. It was the original custom for the adopted son, on passing from one gens to another, to add to the prcenomen, nomen, and cognomen of his adoptive father the name of his own former gens with the termination -anus. Thus the full name of the destroyer of Carthage, the son of L. Aemilius Paulus adopted by one of the Scipios, was P(ublius) Cornelius Scipio Africanus Emilianus. After about 70 A.D. there were many irregularities in the way these names were given,the tendency being to give very many. Women originally had only one name, the feminine form of the gentile name of their father, e.g. Cornelia. In later times they sometimes had prcenomen also, which they received on marriage. It was the feminine form of the husband's prcenomen, e.g. Gaia. Sometimes they had both names, e.g. Aula Cornelia. The prcenomen went out of use for a time during the later Republic, and it was afterwards placed after the nomen like a cognomen (e.g. Iunia Tertia). Under the Empire, they regularly had two names, either the nomen and cognomen of the father (e.g. Caecilia Metella) or the nomina of father and mother (e.g. Valeria Attia, daughter of Attius and Valeria). Slaves were originally designated by the praenomen of their master, e.g. Marcipor = Marci puer (slave of Marcus). Later, when the number of slaves had been greatly multiplied, it became necessary to give them names chosen at random. Freedmen regularly took the nomen, afterwards the prcenomen also, of the man who freed them (or of the father of the woman who freed them), while they retained their previous name as a cognomen; thus the name of the well-known freedman of Cicero was M. Tullius Tiro, and of a freedman of Livia (the wife of Augustus), M. Livius Ismarus.
GENS 3.86%
A family (in the widest sense of the word) descended on the male line from a common ancestor, and therefore bearing a commcn name. So long as the patricians were the only citizens with full rights, there could of course be no gentes not patrician. The oldest gentes belonged to the tribes of the Latin Ramnes and the Sabine Tities. Besides these there were the gentes belonging to the Alban families, brought to Rome by King Tullus Hostillus; and embodied by the other gentes in the community as a third tribe, the Luceres. These, the most ancient, were called gentes maiores as distinguished from the gentes minores, which included the plebeians whom Tarquinius Priscus raised to the rank of patricians. There were italics>in later times instances of plebeian gentes being raised to patrician rank: but these became rarer and rarer, so that the number of patrician gentes was very much reduced. During the last years of the Republic we hear of only fourteen still in existence, including thirty familioe (or families in the narrower sense). Many large gentes were divided into houses (stirpes) who had a common cognomen in addition to the name of their gens; thus the gens Cornelia included the Cornelii Maluginenses, Cornelii Cossi, Cornelii Scipiones, Cornelii Rufini, Cornelii Lentuli, Cornelii Dolabelloe, Cornelii Cethegi, Cornelii Cinnoe, Cornelii Sulloe. Among the plebeians, as among the patricians, the familia naturally developed into a larger circle of relationship; but gentes in the old sense were not formed by the process. Though the plebeian had his gentile name, and afterwards his cognomen, he had not the real ius gentilicium. All gentiles or members of a gens had a right to its common property, which included a common burial-place. They also had a testamentary law of their own which lasted on into the imperial period. When the member of a gens died without heirs of his body, italics>the next to inherit (as in the case of the plebeians) were the agnati, or gentiles on the male side, who could prove their relationship: failing these, the gentiles divided the inheritance. The existence of this law rendered it, in old times, necessary to obtain the consensus of the whole gens in cases of adoption and testamentary bequest. Another consequence of it was, that it was the duty of the gentiles to provide a curator for insane persons and spendthrifts, and a guardian for minors. Every gens had its meetings, at which resolutions were passed binding its individual members in matters affecting the gens. It was a decree of the gens Manlia, for instance, which forbade any one of its members to bear the proenomen Marcus. As every familia, whether patrician or plebeian, had certain sacrifices which it was bound to perform, so had every gens, as a larger or extended familia. All members of the gens were entitled, and indeed bound, to take part in the sacra gentilicia, or common worship of the gens. These sacra ceased to exist with the extinction of a gens: and if a member of a gens left it, this right and duty also came to an end. It should be added that certain public religious services were assigned to particular gentes, that of Hercules, for instance, to the gens Pinaria.
A member of the highest priestly college in Rome, to which belonged the superintendence over all sacred observances, whether performed by the State or by private persons. The meaning of the name is uncertain; the interpretation which follows most obviously from the form of the word, that of "bridge-builder," referred in particular to the sacred bridge on piles (pons sublicius) over the Tiber, is open to many objections. 1 The foundation of the college is ascribed to Numa; at first it probably consisted of six patrician members, with the addition of the king, whose place, after the abolition of the Monarchy, was transferred to the pontifex maximus (high-pontiff); from 300 B.C. it was composed of nine members (4 patrician and 6 plebeian), from the time of Sulla of fifteen (7 patrician and 8 plebeian); Caesar added another member; and the emperors also raised the number at their pleasure. The office was for life, us was also that of the president. While, in the time of the Monarchy, the pontiffs were probably named by the king, under the Republic the college for a long time filled up its own numbers by co-optation, and also appointed the high-pontiff from among its members. From somewhere about 250 B.C. the election of the latter took place in the comitia of the tribes under the presidency of a pontiff, and, from 103 B.C., the other members were also elected in the comitia out of a fixed number of candidates presented by the college. Under the Empire a preliminary election was held by the Senate, and merely confirmed by the comitia. Besides the pontiffs proper, there were also included in the college the rex sacrorum, the three higher flamens and the three pontifices minores, who assisted the pontiffs in transactions relating to sacrifices and in their official business, besides sharing in the deliberations and the banquets of the whole college: these ranked according to length of service. In the earlier time an advanced age, with freedom from secular offices, was necessary for eligibility to the pontificate; the high-pontiff, among other restrictions, was not allowed to leave Italy, was obliged to have a wife without reproach, and might not enter upon a second marriage or see a dead body, much less touch one. As regards his position, he was, as spiritual successor of the king, the sole holder and exerciser of the pontifical power; and his official dwelling was in the king's house, the regia of Numa adjoining the Forum, the seat of the oldest State worship. The college existed by his side only as a deliberative and executive body of personal assistants. He appointed to the most important priestly offices of the State, those of flamen, of vestal, and of rex sacrorum; he made public the authoritative decisions of the college. In matters which came within the limits of his official action, he had the right of taking: auspices, of holding assemblies of the people, and of publishing edicts. He also exercised a certain jurisdiction over the persons subject to his high-priestly power, especially the flamens and Vestals, over whom his authority was that of an actual father. Owing to the great importance of the office, the emperors from the time of Augustus undertook it themselves, and retained it, even in Christian times, until the year 382. As regards the functions of the college, besides performing a number of special sacrifices in the service of the household gods, they exercised (as already mentioned) a superintendence over the whole domain of the religious services recognised by the State, public and private. In all doubts which arose concerning the religious obligations of the State towards the gods, or concerning the form of any religious offices which were to be undertaken, their opinion was asked by the Senate and by the other secular bodies, who were obliged unhesitatingly to follow it. In the various religious transactions, expiatory offerings, vows, dedications, consecrations, solemn appropriations, undertaken on behalf of the State, their assistance was invited by the official bodies, in order that they might provide for the correct performance, especially by dictating the prayers. The knowledge of the various rites was handed down by the libri pontificii, which were preserved in the official dwelling of the high-pontiff and kept secret. These included the forms of prayer, the rules of ritual for the performance of ceremonial observances, the acta pontificum, i.e. the records relating to the official actions of the college, and the commentarii pontificum, i.e. the collection of opinions delivered, to which they were as a rule obliged to have recourse when giving new ones. An important and indeed universal influence was exercised by the pontiffs, not only on religious, but also on civic life, by means of the regulation of the calendar, which was assigned to them as possessing technical knowledge of the subject; and by means of their superintendence over the observance of the holidays. Owing to the character of the Roman reckoning of the year, it was necessary from time to time to intercalate certain days, with a view to bringing the calendar into agreement with the actual seasons to which the festivals were originally attached; and special technical knowledge was needed, in order to be sure on what day the festivals fell. This technical knowledge was kept secret by the pontiffs as being a means of power. It was for the month actually current that they gave information to the people as to the distribution of the days, the festivals falling within the month, and the lawful and unlawful days (fasti and nefasti, q.v. for civil and legal transactions. In 304 B.C. the calendar of the months was made public by Gnaeus Flavius; but the pontiffs still retained the right of regulating the year by intercalations, and thereby the power of furthering or hindering the aims of parties and individuals by arbitrary insertion of intercalary months. This they kept until the final regulation of the year introduced by Caesar as high-pontiff in 46 B.C. Closely connected with the superintendence of the calendar was the keeping of the lists of the yearly magistrates, especially of the consuls, since it was by their names that the years were dated, as well as the keeping of the yearly chronicle. (See ANNALS.) As experts in the law of ritual, the pontiffs had the superintendence over many transactions of private life, so far as ceremonial questions were connected with them, such as the conclusion of marriages, adoption by means of arrogation, and burial. Even upon the civil law they had originally great influence, inasmuch as they alone were in traditional possession of the solemn legal formuloe, known as the legis actiones, which were necessary for every legal transaction, including lawsuits. They even gave legal opinions, which obtained recognition in the courts as customary law, by the side of the written law, and grew into a second authoritative source of Roman law. Until the establishment of the praetorship (866 <smalCaps>B.C.), a member of the college was appointed every year to impart information to private persons concerning the legal forms connected with the formulating of plaints and other legal business. The legis actiones were made public for the first time by the above-mentioned Flavius at the same time as the calendar. (See JURISPRUDENCE.)
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