Johann Joachim Eschenburg.

Manual of classical literature : from the German of J.J. Eschenburg, with additions online

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is said to have built it ; this is formed of heavy blocks of stone, arched over without cement, and
defying the assaults of time; here Jugurtha was stoned to death ; and here, according to tra-
dition, Paul and Peter were imprisoned; the dungeon presents a most appalling appearance.

Cf. Eustace, Tour, &c. cited P. Vf. § !90. \.—Fish, Travels, &c. p. 300, as cited P. IV. § 186 6.

2. The fiagelliim {jxacnl) was made of leathern thongs (lora) or twisted cords (funes)
fastened to the end of a stick, and sometimes loaded with pieces of iron or lead. The
scutica was a simple thong or strap, and the ferula a mere rod or stick. Cf Hor. i.
iii. 119. — The punishing of Roman citizens by the vir^a {paj3^i) was prohibited by
the Lex Porcia, many years before the time of Christ (cf. Acts xvi. 22).

3. The modes of inflicting death were various. Slaves were usually crucified (cruci
ojjigere) ; others it was customary at first to hang {arbori suspe7idere), afterwards to
behead {securi percutere), or to strangle in prison {,str angular e), or to throw from the
Tarpeian rock {de saxo Tarpeio dejicere), or cast into the sea or a river (projicere in
profiuentem). The latter mode was used in the case of parricide, or the murder of
any near relative. The criminal was first whipped, then sewed up in a leather sack
(culeus, cf Dionys. Hal. iv. 62), sometimes along with a serpent, or an ape, or a doj
and a cock, and then thrown into the water. — The bodies of executed criminals we .
not burned or buried, unless, as was sometimes permitted, their friends purchased ' e
privilege of doing it ; but were usually exposed before the prison, on certain stairs
Xscalat) called gemonias or gemonii gradus ; down which they were dragged with a
hook and cast into the Tiber. The innocent victims of popular violence or civil war
were sometimes thrust down these steps of infamy {Tac. Hist. iii. 74). Three other
modes of capital punishment were also practiced, especially under the emperors ; ad
ludos, in which the criminals were obHged to fight with wild beasts in the amphithea-
tre (bestiarii), or with each other as gladiators ; ad metalla, in which the offenders
were condemned to work in mines ; ad bestias, in which they were thrown to wild



p. III. CIVIL AFFAIRS. SYSTEM OF LAWS. 261

beasts to be devoured. These forms were often inflicted on those who embra'-ed and
would not renounce Christianity. There was also anotlier form, still more horrid,
which was to wrap the oftender in a garment covered with pitch and set it on fire ;
thus Nero murdered the Christians, on whom he charged his own crime of burning
Rome.

§ 265. The system of laws was in general very loose and indefinite in the
early times of Rome. The kings, and likewise the first consuls, decided all
cases according to their own judgment, or according to usage in similar
instances. The abuses growing out of this state of things occasioned, accord-
ing to the common accounts, the sending of three commissioners, B. C. 455, to
Athens and Sparta in order to collect the laws of Solon and Lycurgus. They
returned B. C. 453; and in the year following, ten patricians (cf. § 248. 3)
were appointed to devise and propose a body of laws.

1 u. The laws proposed by the Decem\iri were embodied at first in ten, then in
twelve tables, and by the people in the Comitia Centuriata were adopted and esta-
bhshed as the ground and rule of all judicial decisions (cf. P. V. % 561). — To these
were afterwards added many particular laws, which were usually named from their
authors, the consuls, dictators, or tribunes who proposed them ; e. g. Lex Atinia, Lex
Fiiria, &c. ; also trom their contents; e. g. Leges agrarice, fruvieniarm, &c.

2u. It was necessary that every law proposed for enactment should be previously
posted up in public for seventeen days {per trinundiniim), and then be submhted to
the decisioti of the people in the Comitia Centuriata, that they might adopt it (legem
jubere, accipere), or reject it {legem antiquare). When a previous law was abohshed,
they were said to abrogate h {legem abrogare). Laws thus adopted were engraved on
brass, and lodged in the archives. — Under the emperors, however, their own ordi-
nances had the force of laws, called Constilutiones pri7icipaleg, and including not only
their formal edicts {edicla), but answers to petitions {rescripta, or epistolce), judicial
decisions {decretu), and commands to officers {mandafa).

3. Originally laws v.ere enacted by the people in the Comitia Curiata ; such laws
were termed in general Leges Curiatcs. But afterwards the Comitia Curiata fell
almost into disuse, and laws were enacted in the Comitia Centuriata, and thence were
termed Leges Ce/ituriatce. Enactments in the Comitia Tribula were termed Plebisci-
ta (cf. § 259). Decrees of the Senate were called Senatus consulta (cf ^ 257). Under
the early emperors, these decrees were often based on proposals made by the empe-
rors, called orationes principum, which were sometimes delivered orally, but generally
were sent in written messages; in later times the orationes seem to have be'en syno-
nymous with the const ilutiones. — The Roman law included the Leges, the Plebiscita,
the Se7iaf us consulta, and the Const it utiones Principales ; and also besides these, the
various edicts forming the Jus honorarium ; and hkewise several early collections of
laws and usages, viz. the Jus Papirianum, the Tabulce Duodecim, Jus Flaviamim,
and Jus Mlianum, of which some account is given under the history of Roman Lue-
rature (cf P. V. § 561). It is obvious, therefore, that in the lapse of years the sys-
tem of laws must have become exceedingly cumbrous and perplexing. The emperor
Justinian first reduced the Roman law to something hke order (cf P. V. § 569).

Respecting the Oraticmts principum, cf. Dirksm, Ueber die Reden der Rom. Kaiser, ia the Rheinisch Mus. far Jurispr. On

the general subject of the Roman Law and Jurisprudence, we may refer to Heinecciics, Aniiquitatum Romanarum Jurisprudentiam
illustrantium Syntagma. Argent. 1755. 8-—Savig7iy, System des heutigen Rom. TiecMs—Brinkmann, Instilutiones Juris Romani.
—Bu^o, Lehrbuch der Geschicbte des Rom. Rechts. Berl. 1S32. S.— See also in this Manual, P. V. \\ 55S-571.

§ 266 u. One thing especially noticeable in the legislation and regular pohcy of the
Romans was their care to provide sufficient supplies^ of grain. A general scarcity, as
m the year B. C. 440 and at other times, occasioned the appointme'nt of a special offi-
cer to attend to the subject, called Prcpfectus Annonoe, although the ^diles had pre-
viously been charged whh this care, and it continued afterwards to be a duty of their
office (cf § 244). Augustus ordained, that two men should be annually elected to
perform this duty, duumviri dividundo frumento. The annual contributions in grain,
which were exacted of the provinces, served likewise to prevent the occurrence of a
scarcity of bread, and the provincial officers, especially the Qucestors (cf "5i 246), were
required to attend carefully to the business. — In this respect, Egypt was the most
nrodvictive province, and it was on account of its grain, that the annual voyage was
made by the Alexandrine fleet, with which the African fleet was afterwards joined.
The distribution of grain among the people, at a low rate, was practiced in Rome
from the earliest times.

§ 267. The sources of income to the Roman treasury {serarium), and after-
wards to the imperial exchequer (fsctis), were the tributa, taxes imposed on
the citizens according to their property, or on the provinces as an annual tribute,
and the vectigalta, which included all the other forms of taxes. There were
three principal kinds or branches of the vectigalia; the poriorium, duties on ex-



262 ROMAN ANTIQUITIES.

ports and imports, the person taking lease of which was called manceps portuum ;
decumse, tithes or tenth-parts of the produce; and the scHptura, or pasture tax,
^•aid for feeding cattle on the public lands. There were also taxes on mines,
and on salt works, which yielded considerable revenue. Less important were
the taxes on roads, on the value of freed slaves (vicesima, a twentieth), on
aqueducts, on artisans, and the like.

1 u. The vectigalia were let by auction (locabantur suh hasta). Those who hired or
farmed them were called puhlicani, the rent or hire paid being called puhlicum. ; they
were usually Roman knights, who of course possessed property, and on taking the
lease advanced a large sum, or gave landed securities {prcudes). Leases of the reve-
nues of whole kingdoms and provinces were often taken by several knights associ-
ated (societas or corpus), who had in Rome a superintendent of the concern [magister
societatis puhlicanorum), with a subordinate one in each province or region {promagh'
ter), and a multitude of subalterns to collect the revenue, keep the accounts, &c.

The publicans so often mentioned in the New Testament were of the class of sutialtern collectors above described, who were
guilty of great extortion in all the provinces. Zaccheus, described by Luke (xix. 2), as " chief among the publicans" (apXfrtXoii'ijj),
was probably a promagister.—Botuhard, Sur les Publicains, &c. in the Mem, Acad. Inscr. xxxvii. 241.

2. Salt-works (salince) are said to have been established first at Ostia, by Ancus Martius (Plin.
Hist. Nat. xxxi. 41). In later times they were numerous in Italy, and in the provinces. Rock-
salt (aXes opvKToi) was known to the ancients ; salt was also gathered from springs and lakes,
where it was formed by a natural process; yet most of the salt used was made by artificial
evaporation of sea-water. The salt-works were usually public property, and were let by the
government to the highest bidder. Among the most productive mines belonging to the Ro-
mans, were the gold mines near Aquileia (Polyb. xxxiv. 10) ; the gold mines of Ictimuli near
Vercelii, in which 25,000 men are said to have been employed (Plin. H. Nat. xxxiii. 4) ; and the
silver mines of Spain near Carthago Nova. In Dacia were gold mines and silver mines belong-
ing to the Romans. Macedonia, lllyricum, Thrace, also Sardinia, and Africa, contained mines
from which the Romans derived an income. Those in Dacia are said to have yielded in the time
of Nero fifty pounds of gold daily.

On the mines of Dacia, cf. Lotid. Quart. Rev. Oct. 1841, p. 10.— On those of Spain, RoUin, Anc. Hist. vol. i. p. 32, ed. N. York,
1835.— On the ancient mines generally, B. Caiyophilus, De antiquis Auri, Argenti, Stanni, .Bris, Ferri, Plumbique Fodinis. Vienn.
1757. 4.

3. Besides the taxes above named, we may mention under the Vectiffalia, ihe following: a
tax on the value of thincs sold {centesima reram venalium) ; a tax on liberti living in Italy (called
ccfava) ; a tax on the doors of houses (ostiariuvt), sometimes on the pillars {columnarium) ; a
tax on bachelors (yxoriiim), first imposed A. D. 403.

4. After the conquest of Macedonia, the revenue from the provinces became so great thai the
tributa previously assessed on Roman citizens were abolished. They were renewed again by
Augustus, and continued by his successors. Caracalla bestowed the name and privilege of Ro-
man citizens on all free inhabitants of the empire, in order to increase tlie income from these
taxes ; this was done without lessening the taxes levied on them as provincial subjects.

5. Respecting the amount of income to the Roman treasury at different periods not much is
known (cf Pliny, Hist. Nat. xxxiii. 17). The annual revenue is said to have been fifty millions
of drachms before the time of Pompey, and to have been by him increased to eighty-five mil-
lions {Pint. Pomp. 45). In later times vast sums must have been required to meet the various
expenses of the civil government, the army, the navy, the public buildin£s, the aqueducts, the
great roads, and other works.— It does not appear that regular annual salaries were given to
public officers until the time of Augustus ; but afterwards they were common. Alexander Se-
verus is said to have established a salary (salaria7n) for rhetoricians, grammarians, physicians,
liaruspices, mathematicians, mechanicians, and architects. The term aalarium was derived
from ial : salt being one of the things essential in supporting human life.

D. H. hegewisch, Hislor. Versuch aber die Romischen Finanzen. Altona, 1804. 8.-/2. Bosse, GrundzUge des Finanzwesens ira
Rem. Staate. Braunschweig, 1803-4. 2 Bde. 8— Cf. Gibbon, Rom. Emp. ch. vi. xvii.— P. iitnna?!?!, Vectigalia Populi Romani.
Leid. 1734. 4.

§ 268*. In connection with the Civil Affairs of Rome, we may speak of the
principal employments and regular pursuits which were publicly authorized or
sanctioned.

L Under the heads of Teacher, Priest, Lawyer, and Physician, may be included
whatever among the Romans corresponded to the learned professions of modern times.
— Respecting the business of instruction, conducted by gramrnarians, rhetoricians,
and philosophers, we only refer to the notices given in other parts of this work (cf F.
IV. ^§ 1-23—128. P. V.^HOT— 412,416— 422,446 — i55).—The established system of
idolatry required a large number of priests of different grades ; a sufficient account has
been given in former sections of their business (cf §§ 207—219) and emoluments

(§ 219 b). The employment of the lawyer was highly honorable and profitable.

The jurisconsuk or the pleader, who could distinguish himself by his knowledge of
law or his talents and skill in managing causes, was sure to obtain honor and wealth;
although exposed, of course, the orator especially, to suffer in the violence of party
revolutions (cf P. V. ^§ 390—406, 558— 571).— The profession of medicine, at first not
much encouraged, had great patronage from the time of Augustus (cf P. V. "5>§ 543 —
552). Some statements of PHny {Hist. Nat. xxix. 5) show that the employment was
very lucrative ; a physician, named Quintus Stertinius, received from the emperor





P. III. CIVIL AFFAIRS. COMMERCE AND ARTS. 263

500,000 sesterces per annum, yet represented himself as making a sacrifice tliereby,
as he could have obtained GOO, 000 by private practice.

We may here remark that a number of iurgical instruments were found in 1819, in a house in Pompeii ; among them were the
probe ispecillum, /iijX?;), the cautery (KavTrjotov), the forceps (vuhclla), the catheter (KoStT^p, Z'lca /is(uZa), different sorts of
knives, &c. — An account of them is given in KUhn, in the OpiLscula Academ, Med. et Philolog. Lips. I82S. 2 vols. 8.

2 u. Although commerce could not flourish m.uch at Rome in early times, when the
spirit of war and conquest engrossed every thing, yet there existed a body of mer-
chants, who were Roman citizens. The Roman commerce was also extended, on the
expulsion of the kings, by a treaty with the Carthaginians. Yet commercial pursuits
were regarded as unbecoming for the higher classes, who nevertheless covertly and
through agents not unfrequently engaged in them and indulged m speculations, 'i'hey
did this especially in connection with the slave-trade, which was very lucrative. The
merchants at Rome were styled mercatores ; those abroad in the provinces, negotia-
tores. There were also brokers and bankers {argentarii and me7isarii), and contract-
ors of various kinds, besides the publicarii (mentioned in the preceding section), whose
contracts may be viewed as a sort of commercial transactions. Yet Rome never
acquired a high rank among the states of antiquity in point of commerce.

The argentarii were ordinary brokers ; Ihey were divided into corporations (societateis, corpora).
The mensurii were public bankers, appointed by the state, who loaned money from the public
treasury to such as could give security for it. Both classes had their offices in the buildings by
the forum.

On Commerce, &c. among the Romans, Gibbon, Fall of Rom. Emp. ch. ii.— The Hist, of Rom. Errvp. (given in Lardner's Cab"
Cyclopasdia) bk. iii. ch. 9.—De Pastoret, Sur le commerce et le luxe des Romaines, &c. in the Mem. de I'Institut, CI as s e d'Biit.
tt Lit. Anc vol. iii. p. 285 ; vol. v. p. 76 ; and vii. p. ViS.—Emesti, De negoliatoribus Rom. Lips. 1772. 8.

3 u. Other trades were still less reputable than commerce. The mechanics and arti-
sans were slaves, or foreigners, although they sometimes acquired Roman citizenship.
Under Numa there were formed certain corporations of them, or colleges {collegia),
which afterwards became more respectable and numerous. Of this kind were the
collegia /flSron/m, tignariorum, dendrophororum, sagariorvm, tabnlariorum, &c. The
overseer of such a body was called prcpftctus ; they had also their decuriones and ma-
gistri, w^hose office was usually for five years. They performed work for the state,
or for individual citizens, who were not able to hold slaves.

Respecting these corporations, see G. Pancirollus, De corporibus ArtiBcum, in 2d vol. of Grsvius, cited § 197.

4. Among the various arts and trades pursued, the following should be here noticed
more particularly.

(o) The making of glass (vitrum, raXoj)-— It has been a question of some interest how far the
ancients understood the making of glass. Pliny (Hist. Nat. v. 19. xx.wi. 26) states that the art
originated in accident, on the banks of the river Beius ; and that glass vessels were first made in
Sidon. It was known, however, in Egypt, for pieces of blue glass have been found in the tombs at
Thebes, and some of the mununies are decorated with glass. Lachrymatories and paters of
glass have been discovered in the catacombs of the Greek island Milo(cf. $ 1S6. 1). The allusions
and comparisons of Virgil and Horace (cf. f^irg. JEn. vii. 759. Hor. Od. i. xvii. 20. Sat ii. iii. 222)
indicate an acquaintance with glass (vitrea) in^a state of at least considerable perfection. Colored
glass is said to have been used in mosaic decorations (cf. P. IV. $ 220. 2) in the time of Augustus.
Imitations of gems were formed also by means of glass (cf. P. IV. $ 210). The story related by
Tacitus (./?7in. v. 42) of a vase of malleable glass shown to Tiberius, however incredible, shows
that glass-making had been introduced at Rome. Numerous vessels of glass, and even panes
of glass in a window, have been found at Pompeii (cf. $ 325). The celebrated Portland Vase has
lately been pronounced to be glass (cf. P. IV. $ 173); this was found in the tomb of Alexander
Severiis, in whose reign a special tax was laid, A. D. 220, upon the glass-makers of Rome, who
were then so numerous, it is said, as to require the assignment of a particular quarter of the city
for the place of their labors.

See Wilkinsm, Ancient Egyptians, vol. iii. p. 88, as cited P. I. § ITJ.—Boudet, Sur I'Art de la Verrerie, &c. in^the Description de
I'Egypte, vol. ii. p. 2[3.—Belz(mi, cited P. IV. § 231. l.—Mazois, Ruines de Pompei. Far. 1830.

(6) The making of earthenware (fictile, Kcpaniov, d(7Tpaictvov) or the art of pottery (ars^^Zi-
no).— This was earlv known among the Jews {Jerem. xviii. 3, 4). The vessels found at VolaterrsB
and other places (c"f. P. IV. $ 173. 3) prove its existence among the Etrurians and the Greeks in
Italy. There can be no doubt it was early introduced among the Romans. The wheel (rpoxos,
rota fiffularis) of the potter {figulus, Kcoaixcvi) is a subject of allusion in Plautus {Epid. iii. 2. 35).
Molds (rvToi, formm) were used to decorate the vessels with figures in bas-relief (cf. P. IV.
$$ 158, 18S) and for forming the images on the architectural appendages called ontefixa made of
terra cotta (cf. P. IV. J$ 239, 241) ; some specimens of these molds have been found near Rome.
According to Vitruvius the Romans made their water-pipes of potter's clay. They established
potteries in England; vestiges of which, it is said, are still discernible in some parts of the
island, especially in Staffordshire. If their vasa murrhina were porcelain (cf. P. IV. $ 195. 4-t
the art must have reached a high degree of perfection ; some have attemiHed to show that these
vessels were made of a transparent stone dug from the earth in the eastern part of Asia.— Th"
manufacture of bricks (lateres coctiles) was well understood. Bricks are found in very ancieni
Roman ruins, which are said to be superior to the modern both in solidity and beauty.

Lardnerh Cab. CyclopaeJia, the vol. on Porcelain and Glass.— S. Parses, Chemical Essays, &c. Lond. 1830. p. 304, 346.

Notices of Roman earthen vessels are found in W. Skerry, Description of the discoveries at Heraclea, translated, &c. Lond. 1750. 8.
— Cf. Stroux d'.igincourt, Recueil de Fragmens.

(c) The baking of bread {panificium, ars pistoria).— The bakers (pistores) at Rome formed, like
persons of other trades, a collegium. No one had made baking a trade, it is said, until B. L



264 ROMAN ANTIQUITIES.

173. In a bakehouse (pistrinum, or pistrilla) discovered at Pompeii, were found several loaves
of bread apparently baked in mol.Is (artopt<B); lliey were flat and about eight inches in diame-
ter. Before the invention of tlie mill Ouola), corn was pounded in a sort of mortar (.mortarinm)
csiWed pistuvi ; whence the name pUtur, and pistrinum. Two varieties of the hand-mill (mola
manuarici) were found in the ruins of a bakehouse at Pompeii ; grinding with this was done by
slaves, chiefly females. The "cattle-inill" {mola asinaria, livXog ovikos, cf Mattk. xviii. 6) was
also used; likewise the water-mill {mola aqnaria, vlpaXerrji), having above the stones a hopper
{iiifundibulum) from which the corn fell down between them. In the later periods there appear
to Lave been public mills turned by the water of the aqueducts. When Rome was besieged by
the Goths, A. D. 536, and the aqueducts were intercepted, Beiisarius is said to have constructed
floating mills upon the Tiber.

Cf. VUrt'Vius, X. b.—Aiisonius, Poem. iii. IQ.—Procopius, De Bello Gothico, i. 15 (cf. P. V. § 2ST).—Mcmeez, Sur les meules de
moulin, &c. as cited § 59.—/!. L. Gottziiu, De Molis et Pistrinis Veterum, and C. L. Huheisd, De Molis Manualibus, &c., in UgoU-
nut, vol. xxix. as cited § 197. 1.

{tl) The business of the fuller (fiillo, yvatpevg), the dresser of cloth and washer of clothes.—
The fullers, like the bakers and other tradesmen, formed a collegium. A fuller's establishment
was termed fullonica or fullonium ; 'the mode of performing the work was sometimes a subject
of attention from the censors (cf. Plimj, Hist. N. xxxv. 5). On the walls of a fullonica at Pom-
peii were found paintings which serve to explain the way in which dresses were cleansed. It
would seem that the Romans in the cities sent their clothes to the fuller, instead of having them
washed at home.

The paintings above mentioned are eiven in the Museo Borbonico, cited P, IV. § 212. vol. iv.— Some of them in Gdl, Pompeiana,
vol. ii. as cited P. IV. § 243. 2; also in Smitfi, Diet, of Antiq. p. 432.— Cf. Shottgm, Antiquitatea Triturae et FulloniE. Traj. ad
Rhen. 1727.

(e) The art of dyeing (ars tinctoria, tinctura). — This seems to have been a subject of special
regard in the time of the empire. Establishments for dyeing were supported in various places ;
at Tareiitum, e. g. celebrated for its woolen manufactures, there was an imperial dye-house
{havliiurn, a(pE'i:ov) i these establishments were under a superintendent {baphiis prcepositus). The
whole work of making the cloth appears to have been performed in them, both the spinning
{lanificiuin) and the business of weaving {textrina). A dye much used was the purple obtained
from the shell of the Murex. Dyers from various places resorted to Phoenicia to improve
themselves in the art.

See .imcilhon, Sur la teinture des Anciens, in the Mem. de VInstitut, C 1 a s s e de Lit. et Beaux Arts, vol. i. p. 549 ; vol. iii.
p. 357.— Cf. notice of the color of the toga, § 332. 2.

/ % 269 u. Agriculture was in much higher estimation than commerce or any of the
trades ; and the fields of the wide Roman territory, as well as those taken in war,
were chiefly possessed by respectable Roirian citizens. Many noble Romans lived
upon their own lands, and made the cultivation and improvement of them a special
study. The ornamenting of their estates proved, in the flourishmg periods of the
state, an important part of Roman luxury.

1. The grain chiefly cultivated was wheat, but of various kinds; t r it icum was a
common name ; far is put for any kind of corn, and farina for meal. Barley, hordeum,
and oats, ai;e??.a, were also raised. Flax, linum, was an article cultivated considerably.



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