APPELLATIO.

particular subjects of cognizance, and, therefore, I could not be considered as homogeneous with, or subordinate to, any other, there was little opportunity for bringing appeals, properly so called. It is to be observed, also, that in general a cause was finally and irrevocably decided by the verdict of the dicasts (dix aurores). There were, however, some exceptions, in which appeals and new trials might be resorted to.

A new trial to annul the previous award might be obtained, if the loser could prove that it was not owing to his negligence that judgment had gone by default, or that the dicasts had been deceived by false witnesses. (Compare EPHмOƐ aikh, KAKOTEXNION, and YETAOMAPTYPION AIKAI.) And upon the expulsion of the thirty tyrants, a special law annulled all the judgments that had been given during the usurpation. The peculiar title of the above-mentioned causes was avádikoi díxai, which was also applied to all causes of which the subject-matter was by any means again submitted to the decision of a court.

APPELLATIO.

place when the king archon had by his sole voice made an award of dues and privileges (yepa) contested by two priesthoods or sacerdotal races.1

The appeal from the demotæ would occur when a person, hitherto deemed one of their members, had been declared by them to be an intruder, and no genuine citizen. If the appeal were made, the demotæ appeared by their advocate as plaintiff, and the result was the restitution of the franchise, or thenceforward the slavery of the defendant.

It will have been observed, that in the last three cases, the appeal was made from few, or single, or local judges to the heliasts, who were considered the representatives of the people or country. With respect to the proceedings, no new documents seem to have been added to the contents of the echinus upon an appeal; but the anacrisis would be confined merely to an examination, as far as was necessary, to those documents which had been already put in by the litigants.

and by Platner, that it occurred when the senate was accused of having exceeded its powers.

There is some obscurity respecting the two next kinds of appeal that are noticed by Pollux. It is An appeal from a verdict of the heliasts was al- conjectured by Schömann that the appeal from the lowed only when one of the parties was a citizen of senate to the people refers to cases which the fora foreign state, between which and Athens an agree-mer were, for various reasons, disinclined to decide, ment existed as to the method of settling disputes between individuals of the respective countries (δίκαι ἀπὸ συμβόλων). If such a foreigner lost his Upon the appeal from the assembly to court, there cause at Athens, he was permitted to appeal to the is also a difference of opinion between the two lastproper court in another state, which (EKKλnTos mentioned critics, Schömann maintaining that the RO) Bockh, Schömann, and Hudtwalcker sup- words of Pollux are to be applied to a voluntary pose to have been the native country of the liti-reference of a cause by the assembly to the dicasts, gant. Platner, on the other hand, arguing from the and Platner suggesting the possible case of one that intention of the regulation, viz., to protect both par- incurred a præjudicium of the assembly against ties from the partiality of each other's fellow-citi-him (poboλn, Kaтaxɛɩpotovía), calling upon a court zens, contends that some disinterested state would (dikaoτnpiov) to give him the opportunity of vindicaprobably be selected for this purpose. The techni- ting himself from a charge that his antagonist decal words employed upon this occasion are exкa-clined to follow up. Platner also supposes the case λεῖν, ἐκκαλεῖσθαι, and ἡ ἔκκλητος, the last used as a of a magistrate summarily deposed by the assem substantive, probably by the later writers only, for bly, and demanding to prove his innocence before peo. This, as well as the other cases of appeal, are noticed by Pollux' in the following words: APPELLATIO (ROMAN). This word, and "Epeats is when one transfers a cause from the the corresponding verb appellare, are used in the arbitrators (diaTTai), or archons, or men of the early Roman writers to express the application of township (quóra), to the dicasts, or from the senan individual to a magistrate, and particularly to a ate to the assembly of the people, or from the as-tribune, in order to protect himself from some wrong sembly to a court (dikaorpiov), or from the dicasts inflicted, or threatened to be inflicted. It is distinto a foreign tribunal; and the cause was then term-is used to signify an appeal to the populus in a guished from provocatio, which in the early writers ed épous. Those suits were also called EkKANTO matter affecting life. It would seem that the provodikai. The deposite staked in appeals, which we catio was an ancient right of the Roman citizens. now call "apabónov, is by Aristotle styled rapabó- The surviving Horatius, who murdered his sister, Lov." The appeals from the diaitetæ are generally appealed from the duumviri to the populus. The mentioned by Demosthenes; and Hudtwalcker sup- decemviri took away the provocatio; but it was reposes that they were allowable in all cases except stored by a lex consularis provocatione, and it was when the novoa dixn was resorted to. (Vid. at the same time enacted that in future no magisDIKE.) trate should be made from whom there should be

the heliasts.

9

It is not easy to determine upon what occasions no appeal. On this Livy remarks, that the plebes an appeal from the archons could be preferred; for, were now protected by the provocatio and the tribuafter the time of Solon, their power of deciding nicium auxilium; this latter term has reference to causes had degenerated into the mere presidency of the appellatio, properly so called. Appius' applied a court (yeμovía dikaσrnpiov), and the conduct of (appellavit) to the tribunes; and when this produced the previous examination of causes (áváκpioiç). It no effect, and he was arrested by a viator, he aphas been also remarked, that upon the plaintiff's pealed (provocavit). Cicero appears to allude to suit being rejected in this previous examination as the re-establishment of the provocatio, which is unfit to be brought before a court, he would most mentioned by Livy. The complete phrase to exprobably proceed against the archon in the assem- press the provocatio is provocare ad populum; and bly of the people for denial of justice, or would the phrase which expresses the appellatio is appelwait till the expiration of his year of office, and at-lare ad, &c. It appears that a person might appeltack him when he came to render the account of his conduct in the magistracy (evbúvai). An appeal, however, from the archons, as well as from all other officers, was very possible, when they imposed a fine of their own authority, and without the sanction of a court; and it might also take

1. Demosth., c. Timocr., 718, 8-19.)-2. (Harpocr.-Hudtw., De Distet., 125.)—3. (viii., 62, 63.)-4. (c. Aphob., 862.-c. Best, De Dote, 1013, 1017, 1024.)-5. (Platner, Proc. und Elagi, 243.)-6. (Antiph., De Choreut., 788.)

tare from one magistrate to another of equal rank; and, of course, from an inferior to a superior magistrate, and from one tribune to another.

When the supreme power became vested in the emperors, the terms provocatio and appellatio lost their original signification. In the Digest,10 provo

1. (Lex. Rhet., 219, 19.)-2. (Att. Process, 771.)—3. (i., 427.) -4. (Att. Process, 771.)-5. (Liv., 1., 26.)-6. (., 55.)—7. (Liv., ., 56.)-8. (De Orat., i., 48.)-9. (1, 55.)—10. (49, tit. I, De Appellationibus.)

were erected, the inhabitants supplying themselves up to that time with water from the Tiber, or making use of cisterns and springs. The first aquæduct was begun by Appius Claudius the Censor, and was named, after him, the Aqua Appia.' In this aquæduct the water was conveyed from the distance of between seven and eight miles from the city, almost entirely under ground, since, out of 11,190 passus, its entire extent, the water was above ground only 60 passus before it reached the Porta Capena, and then was only partly carried on arches. Re

catio and appellatio are used indiscriminately, to | tinus that it was not until about B.C. 313 that any express what we call an appeal in civil matters; but provocatio seems so far to have retained its original meaning as to be the only term used for an appeal in criminal matters. The emperor centred in himself both the power of the populus and the veto of the tribunes; but the appeal to him was properly in the last resort. Appellatio among the Roman jurists, then, signifies an application for redress from the decision of an inferior to a superior, on the ground of wrong decision, or other sufficient ground. According to Ulpian,' appeals were common among the Romans, "on account of the injus-mains of this work no longer exist. tice or ignorance of those who had to decide (judicantes), though sometimes an appeal alters a proper decision, as it is not a necessary consequence that he who gives the last gives also the best decision." This remark must be taken in connexion with the Roman system of procedure, by which such matters were referred to a judex for his decision, after the pleadings had brought the matter in dispute to an issue. From the emperor himself there was, of course, no appeal; and, by a constitution of Hadrian, there was no appeal from the senate to the emperor. The emperor, in appointing a judex, might exclude all appeal, and make the decision of the judex final. The appeal, or libellus appellatorius, showed who was the appellant, against whom the appeal was, and what was the judgment appealed from.

Appellatio also means to summon a party before a judex, or to call upon him to perform something that he has undertaken to do. The debtor who was summoned (appellatus) by his creditor, and obeyed the summons, was said respondere.

APPLICATIONIS JUS. (Vid. BANISHMENT.) APPULEIA LEX. (Vid. MAJESTAS.) APRILIS. (Vid. CALENDAR, ROMAN.) ΑΠΡΟΣΤΑΣΊΟΥ ΓΡΑΦΗ (ἀπροστασίου γραφή), an action brought against those metaci, or resident aliens, who had neglected to provide themselves with a patron (πроσтáτηç), or exercised the rights of full citizens, or did not pay the μeroikιov, a tax of twelve drachmæ exacted from resident aliens. Persons convicted under this indictment forfeited the protection of the state, and were sold as slaves.3 *APUS (άлоνç), a species of bird, called also Kúpeλoç. It is thought to have been the same with the Swift, or Hirundo apus, L. Pennant, however, contends that the Cypsellus of Aristotle and Pliny was the Procellaria pelagica, or Stormy Petrel." AQUE DUCTUS usually signifies an artificial channel or water-course, by which a supply of water is brought from a considerable distance upon an inclined plane raised on arches, and carried across valleys and uneven country, and occasionally under ground, where hills or rocks intervene.

As nearly all the ancient aquæducts now remaining are of Roman construction, it has been generally imagined that works of this description were entirely unknown to the Greeks. This, however, is an error, since some are mentioned by Pausanias and others, though too briefly to enable us to judge of their particular construction; whether they consisted chiefly of subterraneous channels bored through hills, or, if not, by what means they were carried across valleys, since the use of the arch, which is said to have been unknown to the Greeks, was indispensable for such a purpose. Probably those which have been recorded-such as that built by Pisistratus at Athens, that at Megara, and the celebrated one of Polycrates at Samos-were rather conduits than ranges of building like the Roman ones. Of the latter, few were constructed in the times of the Republic. We are informed by Fron1. (Dig. 49. tit. 1.)-2. (Cic., ad Att., i., 8.)-3. (Phot., p.

478, Pors.-Bekker, Anecdot. Gr., p. 201, 434, 440.)-4. (Aristot., H. A., ix., 21.)-5. (British Zoology, p. 554.)-6. (Herod., iii., 60.)

Forty years afterward (B.C. 273) a second aquæduct was begun by M. Curius Dentatus, by which the water was brought from the river Anio, 20 miles above Tibur (now Tivoli), making an extent of 43,000 passus, of which only 702 were above ground and upon arches. This was the one afterward known by the name of Anio Vetus, in order to distinguish it from another aquæduct brought from the same river, and therefore called Anio Novus. Of the Anio Vetus considerable remains may yet be traced, both in the neighbourhood of Tivoli and in the vicinity of the present Porta Maggiore at Rome. It was constructed of blocks of Peperino stone, and the water-course was lined with a thick coating of cement.

In B.C. 179, the censors M. Æmilius Lepidus and M. Flaccus Nobilior proposed that another aquæduct should be built; but the scheme was defeated, in consequence of Licinius Crassus refusing to let it be carried through his lands. A more abundant supply of water being found indispensable, particularly as that furnished by the Anio Vetus was of such bad quality as to be almost unfit for drinking, the senate commissioned Quintus Marcius Rex, the prætor, who had superintended the repairs of the two aquæducts already built, to undertake a third, which was called, after him, the Aqua Marcia. This was brought from Sublaqueum (Subiaco) along an extent of 61,710 passus; viz., 54,267 under ground, and 7443 above ground, and chiefly on arches; and was of such elevation that water could be supplied from it to the loftiest part of the Capitoline Mount. Of the arches of this aquæduct a considerable number are yet standing. Of those, likewise, called the Aqua Tepula (B.C. 127), and the Aqua Julia (B.C. 35), which are next in point of date, remains are still existing; and in the vicinity of the city, these two aquæducts and the Marcia were all united in one line of structure, forming three separate water-courses, one above the other, the lowermost of which formed the channel of the Aqua Marcia, and the uppermost that of the Aqua Julia, and they discharged themselves into one reservoir in common. The Aqua Julia was erected by M. Agrippa during his ædileship, who, besides repairing both the Anio Vetus and the Aqua Marcia, supplied the city with seven hundred wells (lacus), one hundred and fifty springs or fountains, and one hundred and thirty reservoirs.

Besides repairing and enlarging the Aqua Marcia, and, by turning a new stream into it, increasing its supply to double what it formerly had been, Augustus built the aquæduct called Alsietina, sometimes called Augusta after its founder. The water furnished by it was brought from the Lake of Alsietinus, and was of such bad quality as to be scarcely fit for drinking; on which account it has been supposed that Augustus intended it chiefly for filling his naumachia, which required more water than could be spared from the other aquæducts, its basin being 1800 feet in length and 1200 in breadth. It was in the reign, too, of this emperor that M. Agrippa built the aquæduct called the Aqua Virgo, which

1. (Liv., ix., 29.-Diod. Sic., xx., 36.)-2. (Liv., xl., 51.)—3. (Plin., xxxvi., 24, ◊ 9.)

AQUÆ DUCTUS.

name it is said to have obtained because the spring which supplied it was first pointed out by a girl to some soldiers who were in search of water. Pliny, however, gives a different origin to the name.' Its length was 14,105 passus, of which 12,865 were under ground; and, for some part of its extent above ground, it was decorated with columns and statues. This aquæduct still exists entire, having been restored by Nicholas V., although not completely until the pontificate of Pius IV., 1568, and it still bears the name of Aqua Vergine. A few years later, a second aquæduct was built by Augustus, for the purpose of supplying the Aqua Marcia in times of drought.

The two gigantic works of the Emperor Claudius, viz., the Aqua Claudia and Anio Novus, doubled the former supply of water; and although none of the later aquæducts rivalled the Marcia in the vastness and solidity of its constructions, they were of considerably greater extent. The Claudia had been begun by Caligula in the year A.D. 38, but was completed by his successor, and was, although less copious in its supply, not at all inferior to the Marcia in the excellence of its water. The other was, if not so celebrated for the quality of the water itself, remarkable for the quantity which it conveyed to the city, it being in that respect the most copious of them all. Besides which, it was by far the grandest in point of architectural effect, inasmuch as it presented, for about the extent of six miles before it reached the city, a continuous range of exceedingly lofty structure, the arches being in some places 109 feet high. It was much more elevated than any of the other aquæducts, and in one part of its course was carried over the Claudia. Nero afterward made additions to this vast work, by continuing it as far as Mount Cælius, where was a temple erected to Claudius.

The Aqua Trajana, which was the work of the emperor whose name it bears, and was completed A.D. 111, was not so much an entirely new and distinct aquæduct as a branch of the Anio Novus brought from Sublaqueum, where it was supplied by a spring of purer water than that of the Anio. It was in the time of this emperor, and of his predecessor Nerva, that the superintendence of all the aquæducts was held by Sextus Julius Frontinus, whose treatise De Aquaductibus has supplied us with the fullest information now to be obtained relative to their history and construction,

In addition to the aquæducts which have been already mentioned, there were others of later date: namely, the Antoniana, A.D. 212; the Alexandrina, A.D. 230; and the Jovia, A.D. 300; but these seem to have been of comparatively little note, nor have we any particular account of them.

The magnificence displayed by the Romans in their public works of this class was by no means confined to the capital; for aquæducts more or less stupendous were constructed by them in various and even very remote parts of the empire-at Nicomedia, Ephesus, Smyrna, Alexandrea, Syracuse, Metz, Nismes (the Pont du Gard), Lyons, Evora, Merida, and Segovia. That at Evora, which was built by Quintus Sertorius, is still in good preservation; and at its termination in the city has a very elegant castellum in two stories, the lower one of which has Ionic columns. Merida in Spain, the Augusta Emerita of the Romans, who established a colony there in the time of Augustus, has among its other antiquities the remains of two aquæducts, of one of which thirty-seven piers are standing, with three tiers of arches; while of the other there are only two which form part of the original constructions, the rest being modern. But that of Segovia, for which some Spanish writers have claimed an antiquity anterior to the sway of the Romans in Spain, is one of the most perfect and magnificent 1. (H. N., xxxi., 25.)

AQUÆ DUCTUS.

works of the kind anywhere remaining. It is entirely of stone, and of great solidity, the piers being eight feet wide and eleven in depth; and where it traverses a part of the city, the height is upward of a hundred feet, and it has two tiers of arches, the lowermost of which are exceedingly lofty.

After this historical notice of some of the principal aquæducts both at Rome and in the provinces, we now proceed to give some general account of their construction. Before the mouth or opening into the aquæduct was, where requisite, a large basin (piscina limosa), in which the water was collected, in order that it might first deposite its impurities; and similar reservoirs were formed at intervals along its course. The specus, or water-channel, was formed either of stone or brick coated with cement, and was arched over at top, in order to exclude the sun, on which account there were apertures or vent-holes at certain distances; or where two or more such channels were carried one above the other, the vent-holes of the lower ones were formed in their sides. The water, however, besides flowing through the specus, passed also through pipes either of lead or burned earth (terra-cotta), which latter were used not only on account of their greater cheapness, but as less prejudicial to the freshness and salubrity of the water. As far as was practicable, aquæducts were carried in a direct line; yet they frequently made considerable turns and windings in their course, either to avoid boring through hills, where that would have been attended with too much expense, or else to avoid, not only very deep valleys, but soft and marshy ground.

In every aquæduct, the castella or reservoirs were very important parts of the construction; and besides the principal ones-that at its mouth and that at its termination-there were usually intermediate ones at certain distances along its course, both in order that the water might deposite in them any remaining sediment, and that the whole might be more easily superintended and kept in repair, a defect between any two such points being readily detected. Besides which, these castella were serviceable, inasmuch as they furnished water for the irrigation of fields and gardens, &c. The principal castellum or reservoir was that in which the aquæduct terminated, and whence the water was conveyed by different branches and pipes to various parts of the city. This far exceeded any of the others, not in magnitude alone, but in solidity of construction and grandeur of architecture. The remains of a work of this kind still exist in what are called the Nove Sale, on the Esquiline Hill at Rome; while the Piscina Mirabile, near Cuma, is still more interesting and remarkable, being a stupendous construction about 200 feet in length by 130 in breadth, whose vaulted roof rests upon forty-eight immense pillars, disposed in four rows, so as to form five aisles within the edifice, and sixty arches.

Besides the principal castellum belonging to each aquæduct (excepting the Alsietina, whose water was conveyed at once to the baths), there were a number of smaller ones-altogether, it has been computed, 247-in the different regions of the city, as reservoirs for their respective neighbourhoods.

The declivity of an aquæduct (libramentum aqua) was at least the fourth of an inch in every 100 feet, or, according to Vitruvius, half a foot.

2

During the times of the Republic, the censors and ædiles had the superintendence of the aquæducts; but under the emperors particular officers were appointed for that purpose, under the title of curatores, or præfecti aquarum. These officers were first created by Augustus, and were invested with considerable authority. They were attended outside the city by two lictors, three public slaves, a secretary, and other attendants.

In the time of Nerva and Trajan, about seven 1. (Plin., H. N., xxxi., 31.)—2. (viii., 7.)-3. (Suet, Aug., 37.)

hundred architects and others were constantly employed, under the orders of the curatores aquarum, in attending to the aquæducts. The officers who had charge of these works were, 1. The villici, whose duty it was to attend to the aquæducts in their course to the city. 2. The castellarii, who had the superintendence of all the castella both within and without the city. 3. The circuitores, so called because they had to go from post to post, to examine into the state of the works, and also to keep watch over the labourers employed upon them. 4. The silicarii, or paviours. 5. The tectores, or plasterers. All these officers appear to have been included under the general term of aquarii.1

AQUÆ DUCTUS. (Vid. SERVITUTES.) AQUÆ ET IGNIS INTERDICTIO. (Vid. BANISHMENT.)

AQUE HAUSTUS. (Vid. SERVITUTES.) AQUÆ PLUVIÆ ARČENDE ACTIO. That water was called aqua pluvia which fell from the clouds, and the prevention of injury to land from such water was the object of this action. The action aquæ pluvia was allowed between the owners of adjoining land, and might be maintained either by the owner of the higher land against the owner of the lower land, in case the latter, by anything done to his land, prevented the water from flowing naturally from the higher to the lower land, or by the owner of the lower land against the owner of the higher land, in case the latter did anything to his land by which the water flowed from it into the lower land in a different way from what it naturally would. In the absence of any special custom or law to the contrary, the lower land was subject to receive the water which flowed naturally from the upper land; and this rule of law was thus expressed: aqua inferior superiori servit. The fertilizing materials carried down to the lower land were considered as an ample compensation for any damage which it might sustain from the water. Many difficult questions occurred in the application to practice of the general rules of law as to aqua pluvia; and, among others, this question: What things done by the owners of the land were to be considered as preventing or altering the natural flow of the waters? The conclusion of Ulpian is, that acts done to the land for the purposes of cultivation were not to be considered as acts interfering with the natural flow of the waters. Water which increased from the falling of rain, or in consequence of rain changed its colour, was considered within the definition of aqua pluvia; for it was not necessary that the water in question should be only rain-water, it was sufficient if there was any rain-water in it. Thus, when water naturally flowed from a pond or marsh, and a person did something to exclude such water from coming on his land, if such marsh received any increase from rain-water, and so injured the land of a neighbour, the person would be compelled by this action to remove the obstacle which he had created to the free passage of the water.

This action was allowed for the special protection of land (ager): if the water injured a town or a building, the case then belonged to flumina and stillicidia. The action was only allowed to prevent damage, and, therefore, a person could not have this remedy against his neighbour, who did anything to his own land by which he stopped the water which would otherwise flow to his neighbour's land, and be profitable to it. The title in the Digest contains many curious cases, and the whole is well worth perusal.2

AQUA'RII were slaves who carried water for bathing, &c., into the female apartments. The aquarii were also public officers who attended to the aquæducts. (Vid. AQUÆ DUCTUS.)

*AQUILA. I. A Roman military standard. (Vid. SIGNA MILITARIA.) II. The Eagle. The ancient naturalists have described several species. Aristotle divided the Falconida into 'Aeroi (Eagles), 'Tɛpakeç (Hawks), and 'IKTivot (Kites), with many subdivisions. M. Vigors is of opinion, that the division 'lépa (Hierax) of Aristotle comprises all the Falconidae of Vigors which belong to the stirpes or subfamilies of Hawks, Falcons, and Buzzards. Pliny separates the group into Aquila (Eagles) and Accipitres, a general term comprising, as used by him, the rest of the Falconida. The subdivisions of both Aristotle and Pliny do not differ much from those of some of the modern zoologists.-We will now proceed to particulars. 1. The μópovoç, called also nháyyos or vηTTopóvos by Aristotle,' would appear to be that species of Falco which bears the English names of Bald Buzzard and Osprey, namely, the Falco Haliæetus, L., or Pandion Haliaetus, Savigny. It would seem to be the еркvós of Homer.3 2. Thе TEркVÓRтEpоç, said by Aristotle to resemble the Vulture, was most probably that species of Vulture which gets the name of Vulturine Eagle. Its French name, according to Belon, is Boudrée. It is called also yрurateros and openéhapyos by Aristotle. 3. The daieros of Aristotle would appear to be the Osprey. This bird is the "Nisus" of Virgil and Ovid. Naturalists have recently adopted the opinion that the Osprey is the same as the Seaeagle. Its scientific name is Pandion Haliaetus, Savigny. 4. The peλavaiɛros of Aristotle, called also hayopóvoç by him, is referred by Hardouins to the small Black Eagle, which the late authorities on Ornithology hold to be only a variety of the Golden Eagle, or Aquila Chrysaetos. It is deserving of remark, however, that the learned Gesner seems disposed to refer the μɛhavaiɛros to the Erne, or Aquila Albicilla of late ornithologists. 5. The ovn of Aristotle is undoubtedly the Ossifraga of Pliny, and the divic of Dioscorides. It is the Falco Ossifragus, L. 6. The úyapyos is supposed by Hardouin to be the eagle called Jean le blanc. Turner suggests that it may have been the Erne, and Elliot the Ring-tail. All point to the same bird, namely, the Haliactus Albicilla, Savigny; for the Ring-tail is now held to be merely a variety of the Erne. The term núуapуos signifies "White-tailed." 7. The species called vicios by Aristotle is confidently referred by Hardouin to the Golden Eagle, which, as Buffon remarks, is the noblest and largest of the genus. It is the Aquila Chrysateos, Vigors."

AQUILLIA LEX. (Vid. DAMNUM.)

ARA (βωμός, θυτήριον), an altar.

Ara was a general term denoting any structure elevated above the ground, and used to receive upon it offerings made to the gods. Altare, probably contracted from alta ara, was properly restricted to the larger, higher, and more expensive structures. Hence Menalcas, proposing to erect four altars, viz., two to Daphnis, and two, which were to be high altars, to Apollo, says, "En quattuor aras: Ecce duas tibi, Daphni; duas, altaria, Phabo." Servius, in his commentary on the passage, observes, that altaria were erected only in honour of the superior divinities, whereas are were consecrated not only to them, but also to the inferior, to heroes, and to demigods. On the other hand, sacrifices were offered to the infernal gods, not upon altars, but in cavities (scrobes, scrobiculi, ẞóðpot, hákko) dug in the ground. Agreeably to this distinction, we find that in some cases an altare was erected upon an ara, or even several high altars upon one of inferior eleva

tion.

1. (H. A., ix., 22.)-2. (Willoughby's Ornithology, lib. ii., art. 5.)-3. (II., xxiv., 316.)-4. (Gesner, de Avibus.-Brooke's 1. (Cic., ad Fam., viii., 6.-Cod. xii.. tit. 42 or 43, s. 10.)-2. Nat. Hist., vol. ii., p. 4.)-5. (in Plin., H. N., x., 1.)-6. (ii., (Dig. 39, tit. 3.-Cic., pro Muræn., c. 10.-Topic., c. 9.-Boe-58.)-7. (Adams, Append., s. v.)-8. (Virg., Eclog., v. 65.)-9. thius, Comment. in Cie., Top., iv., c. 9.)-3. (Juv., vi., 332.) (Festus, s. v. Altaria.)

As among the ancients almost every religious | represents an altar, which was found, with three act was accompanied by sacrifice, it was often others, at Antium. It bears the inscription ARA necessary to provide altars on the spur of the oc- VENTORVM. On it is sculptured the rostrum of a casion, and they were then constructed of earth, ship, and beneath this is a figure emblematic of the sods, or stones, collected on the spot. Thus, wind. He floats in free space, blows a shell, and "Ererit subitas congestu cespitis aras." Also, when wears a chlamys, which is uplifted by the breeze. Eneas and Turnus are preparing to fight in single In the second altar the coxapis is distinguished by combat, wishing to bind themselves by a solemn being hollow. Indeed altars, such as that on the oath, they erect aras gramineas. Availing himself left hand, were rather designed for sacrifices of of this practice, Telamon adroitly warded off the fruits, or other gifts which were offered without effects of the jealousy of Hercules, whose rage he fire, and they were therefore called ǎrupo. had excited by making the first breach in the walls of Ilium, and thus appearing to surpass his companion in glory. Pursued by Hercules, who had already drawn his sword, and seeing his danger, he set about collecting the scattered stones; and when Hercules, on coming up, asked what he was about, he answered that he was preparing an altar to Ἡρακλῆς Καλλινίκος, and thus saved his life.

When the occasion was not sudden, and especially if the altars were required to be of a considerable size, they were built with regular courses of masonry or brickwork, as is clearly shown in several examples on the column of Trajan at Rome. See the left-hand figure in the woodcut annexed.

The first deviation from this absolute simplicity of form consisted in the addition of a base (Báois, pic), and of a corresponding projection at the top, the latter (oxapis, ßwμov toxúpa) being intended to hold the fire and the objects offered in sacrifice. These two parts are so common as to be almost uniform types of the form of an altar, and will be found in all the figures inserted underneath. The altar on which the gods swore, when they leagued with Jupiter against the Titans, became a constellation consisting of four stars, two on the Areplace and two on the base."

It appears, also, that a movable pan or brazier (exinvpov) was sometimes used to hold the fire." Altars were either square or round. The latter form, which was the less common of the two, is exemplified in the following figures:

When the altars were prepared for sacrifice, they were commonly decorated with garlands or festoons. The leaves, flowers, and fruits of which these were composed were of certain kinds, which were considered as consecrated to such uses, and were called verbena.?

Theocritus3 enumerates the three following, viz., the oak, the ivy, and the asphodel, as having been used on a particular occasion for this purpose.

The altar represented in the next woodcut shows the manner in which the festoon of verbena was suspended. Other ancient sculptures prove that fillets were also used, partly because they were themselves ornamental, and partly for the purpose of attaching the festoons to the altar. Hence we read in Virgil,

"Effer aquam, et molli cinge hæc altaria vitta, Verbenasque adole pingues, et mascula tura." Altars erected to the manes were decked with dark blue fillets and branches of cypress. Many altars which are still preserved have fillets, festoons, and garlands sculptured upon the marble, being designed to imitate the recent and real decorations.

Besides the imitation of these ornaments, the art of the sculptor was also exercised in representing on the sides of altars the implements of sacrifice, the animals which were offered, or which were regarded as sacred to the respective deities, and the various attributes and emblems of those deities. We see, for example, on altars dedicated to Jupiter, the eagle and the thunderbolt; to Apollo, the stag, the raven, the laurel, the lyre or cithara; to Bacchus, the panther, the thyrsus, the ivy, Silenus, bacchanals; to Venus, the dove, the myrtle; to Hercules, the poplar, the club, the labours of Hercules; to Sylvanus, the hog, the lamb, the cypress. Strabo says that the principal altar of the Temple of Diana at Ephesus was almost covered with the works of Praxiteles. Some of the altars which still remain are wrought with admirable taste and elegance. We give, as a specimen of the elaborate style, the outline of an Etruscan altar, in contrast with the unadorned altar in our first woodcut.

Besides symbolical and decorative sculptures in bas-relief, ancient altars frequently present inscriptions, mentioning the gods to whom, and the worshippers by whom, they were erected and dedicated. For example, an altar in Montfaucon, decorated with an eagle which grasps the thunderbolt, and with a club, encircled with a fillet, at each of the four corners. bears the following inscription, included within a wreath of leaves:

ΙΟΥΙ
OPT. MAX.

ET HERCVLI
INVICTO

C. TVTICANVS
CALLIAT.

That on the left hand is from a painting at Herculaneum. The altar is represented as dedicated to the genius of some spot on Mount Vesuvius. He appears in the form of a serpent,' and is partaking of the figs and fir-cones which have been We select this example, because it illustrates the offered to him on the altar. The right-hand figure

1. (Lucan, ix., 988.)-2. (Virg., En., xii., 118.)-3. (Apollod., II., vi., 4.-Vid. etiam Hor., Carm. I., xix., 13.)-4. (Eurip., Andr., 1115.)-5. (Eratosth., Cataster., 39.- Compare Hygin, Astron., ii., 39; Arat., 402; and Cicero's translation, De Nat. Deor., ii., 44.)-6. (Heron., Spirit., 71.)-7. (Virg., En., v., 95.)

EX VOTO

fact that the same altar was often erected in honour

1. (Montfaucon, Ant. Expl., ii., pl. 51.)-2. (Hor., Carm. iv., 11.)-3. (xxvi., 3, 4.)-4. (Vid. etiam Terent., Andr., iv., 4, 5.Donatus in loc.-"Coronate are," Propert., iii., 10.- Nexis ornate torquibus are," Virg., Georg., iv., 276.)-5. (Eclog., viii., 64, 65.)-6. (En., iii., 64.)-7. (xiv., i., 23.)—8. (Ant Expl., ii., pl. 96.)