ACROSTOLIUM. ACTIO. 3 whence Horace speaks of the Medus acinaces. | (ukрoσтóλtov), which was frequently made in The acinaces was a short and straight weapon, the shape of an animal or a helmet, &c., apand thus differed from the Roman sica, which pears to have been sometimes covered with was curved. It was worn on the right side of brass, and to have served as a weapon of the body, whereas the Greeks and Romans offence against the enemy's vessels. 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. ACLIS, a kind of dart with a leathern thong attached to it. [AMENTUM.] ACROA MA (άкрóaμa), which properly means anything 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.] ACROPOLIS (άкрóπоλiç). In almost all Greek cities, 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. ACROSTOLIUM (акроσтóλιov), the extremity of the oтóλoç. The oróλos projected from the head of the prow, and its extremity ACROTE RIUM (úкрwτýριov), signifies the extremity of anything, and was applied by the Greeks to the extremities of the prow of a vessel (άкρоσTóλtov), which were usually taken from a conquered vessel as a mark of victory: the act of doing so was called ἀκρωτηριάζειν. ACTA DIURNA (proceedings of the day), was a kind of gazette or newspaper published daily at Rome, under the authority of the government. It contained an account of the proceedings of the public assemblies, of the law courts, of the punishment of offenders, and a list of births, marriages, deaths, &c. The proceedings of the public assemblies and the law courts, were obtained by means of reporters (actuarii). The proceedings of the senate (acta senatus) were not published till the time of Julius Cæsar, but this custom was prohibited by Augustus. An account of the proceedings of the senate was still preserved, though not published, and some senator seems to have been chosen by the emperor to compile the account. The Acta Diurna, which were also called Acta populi, Acta publica, Acta urbana, and by the simple name of Acta, were frequently consulted and appealed to by later historians. ACTA SENATUS. [ACTA DIURNA.] A'CTIA (йктia), a festival celebrated every three 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. A'CTIO, 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 knowl edge of the law was most closely connected with the institutes and ceremonial of religion 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, and was accordingly in the hands of the pa- | or the subject-matter of the suit, with the tricians alone, whose aid their clients were amount of damages, &c., as the case might 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 plebians became acquainted with those legal forms which hitherto had been the ex-vadimonium promittere, or facere; the surety, clusive 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 upon 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 formulae. 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 formulae which he supposed to be suitable to his case, and it would require no farther variation than the insertion of the names of the parties and of the thing claimed, 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 ACUS. ADONIA. 5 delivered to him the formula, which contained | male head. This fashion has been continued his instructions. The judices were said dari to our own times by the females of Italy. 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. ACTORS on the stage. [HISTRIO.] ACTUA'RIAE NAVES,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. ACTUA RII, 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. ACUS (Beλóvn, Beλovis, papis), 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 fe Acus, Pin used to fasten the Hair. ADDICTI. [NEXI] 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. ADMISSIONA'LES, chamberlains at the imperial court, who introduced persons to 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. ADOLESCENS, 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. ADO'NIA ('Adávia), a festival celebrated in honour of Aphrodite (Venus) 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 (Venus). ADOPTIO, adoption. 1. GREEK.-Adoption was called by the Athenians εicroinois, or sometimes simply πoinois, or feous. The adoptive father was said Tolɛiolai, εiçπolεiobal, or sometimes Toιɛiv: and the father or mother (for a mother after the death of her husband could consent to her son being adopted) was said KπоLɛIV: the son was said KTOLεiolaι with reference to the family which he left; and içπоιɛiσlaι with reference to the family into which he was received. The son, when adopted, was called Toinτós, EisTоINTÓS, or OεTÓC, 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. ADULTERIUM. 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 plebian 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. assumed the name of P. Cornelius Scipio Aemilianus, and C. Octavius, afterwards the emperor Augustus, upon being adopted by the testament of his uncle the dictator, assumed the name of C. Julius Caesar Octavianus. ADORATIO (пρоKÚνNσi), adoration was paid to the gods in the following manner:-The individual stretched out his right 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 entitled 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 The adopted child was transferred from his Aemilius, the son of L. Aemilius Paullus, own family and demus into those of the adop-upon being adopted by P. Cornelius Scipio, tive 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 (oparρikov yраμμатεiov). Subsequently to this, it was necessary to enter him in the register of the adoptive father's demus (λniapxIкòv ypaμμarelov), without which registration it ap-hand to the statue of the god whom he wished pears 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 ADROGATIO. [ADOPTION.] kinds. [CAPUT.] Adoption, in its specific ADULTE RIUM, adultery. 1. GREEK. sense, was the ceremony by which a person Among the Athenians, if a man caught who was in the power of his parent (in potes- another man in the act of criminal intercourse tate parentium), whether child or grandchild, (uoixɛia) with his wife, he might kill him with male or female, was transferred to the power impunity; and the law was also the same of the person adopting him. It was effected with respect to a concubine (аλλакý). Не under the authority of a magistrate (magistra- might also inflict other punishment on the tus), the praetor, for instance, at Rome, or a offender. It appears that there was no adultery, governor (praeses), in the provinces. The unless a married woman was concerned. The person to be adopted was emancipated [MAN- husband might, if he pleased, take a sum of CIPATIO] by his natural father before the com- money from the adulterer, by way of compenpetent authority, and surrendered to the adop-sation, and detain him till he found sureties tive father by the legal form called in jure cessio. for the payment. The husband might also to honour, then kissed his hand, and waved it to the statue. The adoratio differed from the oratio or prayers, supplications, which were offered with the hands folded together. The adoration paid to the Roman emperors was borrowed from the Eastern mode of adoration, and consisted in prostration on the ground, and kissing the feet and knees of the emperor. ADUNATI. prosecute the adulterer in the action called μoixεías yрaon. 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 (arquía). 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 poopú) 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. ADVERSA'RIA, 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.) ADVERSA RIUS. [ACTOR.] ADU NATI ('Adúvarot), were persons sup. ported 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. Pisistratus 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 the word did not signify the orator or patronus who made the speech in the time of Cicero. 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. A'DYTUM. [TEMPLUM.] AEDES. [DOMUS; TEMPLUM.] AEDI'LES ('Ayopavóμoi). 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 Other functions keepers of the plebiscita. 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 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 con |