Remnants of Early Latin
Remnants of Early Latin
Remnants of Early Latin
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THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SOUTHERN BRANCH,
UNIVERSITY OF CALIFORNIA,
LIBRARY,
'LOS ANGELES, CALIF.
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REMNANTS OF EARLY LATIN
BY
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46747
GINN & COMPANY
BOSTON •
NEW YORK CHICAGO LONDON • •
Entered according to Act of Congress, in the year 1880, by
FREDERIC D. ALLEN
at Washington
In the Office of the Librarian of Congress,
Copyright, 1908, by
EMMELINE L. ALLEN
712. 1
»•• . c
< '
• • « •
PREFACE.
marily inscriptions
— as are most important as monuments of
the language, with enough explanation to make them fairly intel-
'O
others as well as myself, and this need had been only partly met
p_
(London, 1874), a work which, with all its merits, is cumber-
some, ill arranged for reference, and too expensive to be widely
circulated. The present book is designed first of all for the more
advanced of our college students, but I venture to hope that
maturer scholars may find it useful as a convenient handbook,
since it comprises within a few pages matter somewhat scattered
and not very generally accessible.
The book is in nowise meant to teach palaeography. The in-
which would needlessly confuse the eye or the mind of the reader.
Thus it seemed best to indicate to the eye omitted final s and m.
iii
IV REMNANTS OF EARLY LATIN.
And in some cases I have not felt bound to follow the original
documents in respect of the division of words ;
thus 1 have writ-
ten ftlebeive, sitblegi, quasei (n. 106 II 1118 n. 109), not plcbei ve,
,
sub legi, qua sci ; as such inequalities signify nothing but the pass-
ing caprice of the writer. Where prepositions are joined to the
following noun some will had printed them
perhaps wish that
I
dictatorship, and admitted nothing later than the law about the
quaestors, n. 106. Down to this period it was my aim to give
pretty much all the inscriptions that illustrated the old language
in any striking way, yet by rigidly excluding less profitable matter
to keep the book within narrow limits. Accordingly I threw out ( ) 1
Corpus Inscriptionum,
—
but it was natural and convenient to
put like material together. And of course in a great many cases
the evidence on which monuments are assigned to this or that
worthy of this material has been collected. Here of course only the
outward form and the diction, with now and then a grammatical
detail, can lay claim to antiquity. In these selections I have
followed the best editions, noting carefully the few changes I
have allowed myself. To have attempted at all to restore the
ancient grammatical forms would have been profitless, but I
have vu and uu, writing divom, morluom, and
silently corrected
the like, even against the tradition. Occasion has been here
taken to illustrate somewhat fully the nature of the oldest Roman
poetry, according to the principles first laid down by Westphal.
It is hoped that this feature, which is quite new, may not be un-
welcome. — All literary matter, it will be observed, has been
excluded. was no part of my plan to edit the fragments of
It
Naevius, Ennius, and other early poets. If even the most read-
able of these had been added, the book would have become
much larger, without, as it seemed to me, a corresponding in-
crease in usefulness. Possibly at some time hereafter it may
seem best to embody some of these fragments in a separate vol-
ume similar to this.
The commentary touches mainly on matters of language. It
was not my intention to make the selections the vehicle of syste-
matic instruction in Roman antiquities or law ; only such points
as came up I have tried to explain enough to make a fair under-
F. D. A.
New Haven, November, 1879.
CONTENTS,
PAGB.
INTRODUCTION 3
Chief Phonetic Peculiarities of Early Latin 5
Chief Peculiarities of Early Latin Inflexion 8
PART I. INSCRIPTIONS.
Oldest Coins (n. 1-18) 15
vii
vill CONTENTS.
PAGE.
Several Dedicatory Inscriptions, of the time of the Gracchi or later
(n. 110-116) 56
Several Public Inscriptions, of about the same period (n. 117-123) 58
Sepulchral Urns (n. 124-135) 60
Epitaphs, dating from about the Gracchan period on (136-148) . 61
152) 69
5. The Romans learned the art of writing and received the alpha-
at a time not to be exactly defined.
1
bet from the Greeks of Cumae,
The oldest extant inscriptions date from about 300 B.C., but writing is
respects from the later Attic alphabet familiar to us. The Romans adopted
it without essential change, except that they rejected the signs for 0, %, <P,
6.
Diphthong ai for later ae :
quaistor.
7. Diphthong oi for later o e :
foidus.
8. Diphthong oi (oe) for later u: oinos = units.
9. Diphthong ei preserved. This diphthong had an im-
in the
'
classical
'
venient graphical designation for the long z'-sound, and was written
>
Note We
thus distinguish two sorts of ei.
2. (i.) The genuine
which was once pronounced as such, so that the diphthongal
diphthong
spelling is etymologically justified.
This is the case for instance in
as deico {die-), feidus {fid-), like
root-syllables as strengthening of i,
leinu (kin-) ; and in the dative singular of the third declension, virtu-
tei; also in the nominative, dative, and ablative plural of the second
declension, virei, doneis (where it stands for still older oi), and
in the
dative and ablative plural of the first declension, vieis (where it stands
for older ai) ; pronouns heic and quei, in sei 'if';
so, too, in the
and
in other words. This genuine ei is found in the earliest inscriptions.
(2.) The spurious ei, never pronounced as a diphthong, but merely
written in place of i. It is unknown in the earlier inscriptions, but
on.
frequent from about the Gracchan period (620/134) Examples
are ameicus, audeire; the accusative plural and ablative singular of
/-stems, as omneis, fontei ; the infinitive passive,
as darei ; also the
6 REMNANTS OF EARLY LATIN.
genitive singular of the second declension, as populei /' and the perfect
indicative, fecei, posedeit. In tibei, sibei, ibei, ubei, nobeis, vobeis, utei,
the diphthongal spelling reaches further hack, and may be well founded,
though it is difficult to account for it
etymologically.
syllables douco (due-) as <pevyu (0wy-). The very oldest Latin would
;
appear to have had in some cases eu for this: see n. 157 a. Very
rarely ou appears as a mere graphical sign for u.
11. The earliest Latin is thus seen to have had a complete system
of six diphthongs, whose relations to the later vowel-system may be
thus exhibited :
—
EARLY LATIN. CLASSICAL.
ai ae.
«'__\ ei (e) 1.
ni / oe, it.
au au, 0.
eu eu.
ou \ ou ii.
1
Although there would seem at a very remote period to have been a
diphthong here, namely oi, yet the oldest monuments have uniformly *:
see notes on n. 82, 1. 7 (Latin i), and on n. 99, v. 4 (cogendei).
INTRODUCTION. 7
ablative plural of the same, are very seldom contracted, but as a rule
are written -iei and -ieis; and just so perfects like petit appear always
as petiei, petieit, except when they are contracted, as obit for obiit. In
these cases, ei represents the sound midway between e and 1, not a
pure I. Such forms as ftlii, filits, petit are quite foreign to the lan-
guage of this period. The compounds of iacio avoid ji by dropping
/ .• abicio ; and stems in -jo- and -ja- make, for example, genitive Gat,
dative plural Pampas, Bats.
18. Final t is rarely left off in the very oldest monuments : dede'.
25. Of the use of the sign C as g (see foot-note, p. 4), there are
but scanty traces on existing coins inscriptions, though we know
and
from ample testimony that in earlier times it was so employed; namely,
in the laws of the Twelve Tables. But soon after 300 B.C. the sign
G was already in use. It is perhaps needless to say that, in the abbre-
viationsC, Cn. (for Gains, Gnaeits), the sign C is this old g. There
were no such names as Caius, Cnaeus.
O-stems.
39. Nominative plural of i-stems rarely in -Is (or -eis). The accusa-
tive plural of the same in -Is (often spelt -eis) is, on the contrary, very
common.
40. The early poets have sometimes -bus long in dative and ab-
lative plural.
U-stems.
Forms of Pronouns.
47. eis, nom. sing. eeis, eis, nom. pi. (cp. 34.)
eiei, dat. sing. eieis, eeis, dat. abl. pi.
50. Demonstrative stem so-, sa- : accusatives sum, sam, sos, sas.
From this stem sei-c, si-c is the locative.
51. quei, nom. sg. and pi. quoiei, quoi, dat. sing.
Verbal Forms.
perfect indicative :
Juer'is, intulerit, venertmus, dederitis.
throughout the forms with and without -nt side by side : see
note on n. 68.
W I W I / «-> \ I W
_
I I W I i
W \ I w
ww ww ww ww (ww,) ww I
ww ww ww \\jyj) WW •
68.
Rarely tetrapodic series occur among the Saturnians.
They are longer than the above by one syllable an addi- —
tional thesis at the end. For an instance see n. 75 (/), v. 6.
INTRODUCTION. 1
3
Eph. Epigr. :
Ephemeris Epigraphica (supplement to the Corpus
Inscriptionum).
In the text :
dant.
INSCRIPTIONS.
Oldest Coins.
"
1 . Romanom or Romano" 1
.
9. Paistano
1
1-18 selected from CI. 1-27. Coins, chiefly of the fifth century a.u.c,
from Rome, Cora, Cosa, Alba, Cales, Suessa, Paestum, Beneventum, Aeser-
nia, Teanum, Caiatia, Aquinum. The city is mostly indicated by the gen-
tile name in the genitive plural; Romanom = J?omanorum (Introd. 35),
etc. But in 2 and 5 we have the city name in the nominative, and in 10 in
the ablative ('from Beneventum').— Whether in Coza, Cozano, we have
really the obsolete letter z, as most think, or merely a peculiar form of s
(Mommsen, Milnzwesen, p. 315), is uncertain. What Prboum, etc., in 8 —
and 10 means, is not clear. usually taken as probum, sterling," referring
It is
'
to the coin, but Mommsen disapproves this, not without reason. In 12, —
14, 16 we have
the obsolete gentiles Aesernius, Tianus, Aquinus instead of
the usual Aeserninus, Teanensis, Aquinas. Volcanom in 13 is accusative —
«S
16 REMNANTS OF EARLY LATIN. [n. 19-28
and e is the o of stem aequo- not yet sunk quite into /. Whether in a geni-
tive like this we are to read -ai (Introd. 27), or contracted ai (= ae), cannot
be told. — 20.
Belola: probably dialectic for Bellona: the cup is orna-
mented with a head having snake-hair. —
21. A goddess Coera (= Cura 5 )
9 9
32. C. Gabinio T. n. Caleno .
— 29. On
bronze image of Jupiter. The tribe Quirina was added 513/241.
opos: see Introd. 12. —
30. On a patella found at Tarquinii. A similar
one found at Caere has an almost identical inscription. 31. One of three —
similar inscriptions on patellae. Retus, i.e., Rhetus. C. s. is probably Gai
servos, i.e., Gai liber/us. The slave Rhetus assumed at manumission his
master's (C. Gabinius) gentilician name. Calebus for Calibus by what is
probably a mere irregularity of spelling cp. n. 75 b. 104, :
; 1.
39.
—32. T. n.
= Titi nepos. —
33. Eco read ego; Introd. 25. Supply feci. This inscrip-
:
which are instructive as showing how Greek names were Italicized in early
times: Aciles (Achilleus), Casentera (Casandra), Crisida (Chryseis), Teses
(Theseus) Ateleta (Atalanta), Felena (Helena: probably Velena, Fe?.eva,
,
Pisaurian Dedications.
46. Apolenei.
9
57. Deiv(es) Novesede . . . T. Popaio 8 Pop(li) f.
58. CI. 40. A fragment. Perhaps the earliest instance of a doubled con-
sonant. There were four Appii Claudii consuls in the 5th century a.u.c.
Mommsen calls attention to the omission oi Claudius, peculiar to this name.
Appius itself is treated like a gentile hence Via Appia, not / 'ia Claudia. :
59. CI. 41. Rome, cosol Introd. 20. Marte, dative: compare :
61, 62.
— 60. CI. 42. The ending -es in nom. pi. 2d decl.; Introd. 34.
C. M. f. read Gai et Marcifilies. " Praenominibus omissis significantur
:
"
quicumque descendunt a C. et M. Atiliis Sarranis (Mommsen). The sons
of two brothers had dedicated something. 61, 62. CI. 62. Tibur. —
Her. = Hen. Herius is an old praenomen. dede< as n. 48.
63, 64. CI. 63, 64. Tusculum, where there are several tomb-inscrip-
tions of the Furii, all with the spelling Four-. militare for militaris : s dis- —
appeared, and final short i passed into the duller vowel e, as in the neuter
mare, etc. — praidad Introd. 30. Maurte : Afar/1. —
Maurs from older =
Mavors. —Fortune, with e for ae, provincial cp. 47. :
65. CI. 73; Praeneste. Apolonei, with long 5as in Greek (' Att6?./.uvi) ,
again n. 72. This became first ? (n. 46, 68) and then 1, Apollini. magis- —
tere (-es?) nom. plur. Stem magistero- ; cp. magisteratus, n. 80. cOra- —
veront for coir- (= cur-) an unusual corruption. ;
8
67. Q. Ravelio
8
. .
f., P. Cominio P. f., L. Malio 8 C. f.,
8 m
72. C. Hinoleio C. 1. Apolone dono ded<?/.
form is poplicus ; thence publicus, this being the earliest instance. This ou
must be merely a sign for u: it can hardly be a genuine diphthong. Introd.
10, note. Sacer and publicus are both opposed to privatus.
68. CI. 187. Va(lesi): from this praenomen Valesus) comes the gentile (
— 70. CI. 166. tomo (so Mommsen) here servos or libertus. If this =
is right, the names
preceded 'Eros Marci homo 'or something similar. The
;
freed slave left a gift for the household. The inscription is on a vase. In
fameliai we have a transitional form between familia and the original
form * famol-ia (from famolus).
71. CI. 191. Pl(tiufus) as praenomen. Menervai: see on 36.
portaz/i/ (' brought ') for dedit is singular, but seems certain. — 72. PLM.
22 REMNANTS OF EARLY LATIN. [n. 74.
Suppl. iii. p. 1 ;
Cales. Apolone :
cp. n. 65.
— 73. PLM. Suppl. ii.
p. 12.
The meaning is uncertain, castud facitud seems best taken, with Ritschl,
as ablative absolute, facitud being perhaps dialectic for factod. Castus is a
season of fasting. Diovis is the older form of lovis : see n. 42 and 96 Diove :
also occurs in a fragment, CI. 188. Compare Zfi'C, for * A/fir/. It does not
ily tomb
of the Scipios, near the Appian Way, outside the ancient Porta
Capena, where excavations were made in the 17th and 18th centuries. They
are preserved in the Vatican Museum. —
Inscription a is J^micJ only, on
the upper margin of a sarcophagus; b is cu jon the side of the same. The
latter is in its forms (nom. in -us) less archaic than the former, or even than
the next epitaph — that of the son. Hence it is all but certain that
only the
painted inscription dates from the time of the burial, and that the other was
cut agood many years (at least 50) later. The subject of the epitaph, the
great-grandfather of Scipio Africanus the elder, was consul 456/298, and cen-
sor 464/290. The campaign mentioned took place during his consulship,
in the third Samnite war.
For the Saturnian metre of this and the three following epitaphs, see
Introd. 65 fig.
— Lucius: the praenomen is put after the nomen, for
9
75. (a.) L. Cornelio L. f.
Scipio, aidiles cqsol cesor.
ded£t Tempestatebus m
aide mereto*/ votam
one s is written, for that is merely graphical, but by the now well-known
'
990.
—
fuit. (v. 3) with long «,• not infrequent in old Latin (Plautus, En-
nius).
—
censor: the original quantity, as in censoris. fuit (v. 4): see —
"Introd. 57 (2). —
Taurasia and Cisauna are towns in Samnium the for- ;
mer referred to by Livy, xl. 38, the latter quite unknown. Samnio Ritschl
;
takes as accusative, but Mommsen as ablative, saying, not without force,
that it is strange to mention two unimportant places and then say that he
took the whole country. As ablative it would mean ex Samnio partitively,
rather than in Samnio ; but we miss the final d (cp. Gnaivod). subigit — :
Oscan op, Umbrian up, Greek km. — abdoucit : Introd. 10, note. Observe
the change of tense cepit, subigit, abdoucit.
:
75. CI. 31, 32. Inscription a is painted, b is cut. One slab is missing,
so some of the verses are incomplete the supplements are Ritschl's (except
:
that of v. 1).
). This Scipio, son of the preceding, was consul 495/259 and
fought in the first Punic war, and was censor 496/258. aidiles a nomi- — :
native like nubis, volpes, canes (Plaut.) these were more numerous in early
:
But see the usual form below in b, v. 4. — cosol, cesor Introd. 20.
"
times. :
duonus and duellum are the older forms of bonus, bellum. On the form of
these first two verses see Introd. 67. —
Luciom as in n. 74. —hie, but in
the next verse hec: both stand for heic ; Introd. 9 and 48. fuet like —
dedet, etc.;Introd. 57 (2). —
cepit Corsica™ : during his consulship.
Aleria being the principal town of Corsica, its capture deserves separate
1 A~X
I
-
7*7
m 1
mention. I think this verse complete on the stone. The only trouble is
with the scanning Alerni (' \'/ti<m, Ptolemy). But can Ptolemy's spelling
be final proof of the pronunciation at Rome of a foreign name more than
three centuries earlier ?" Moreover even the short e might perhaps be de-
fended here see on v. 4 of the next epitaph. The hiatus -que urb- is quite
:
apex or wooden spike on his cap. insignS"1 the omitted m does not — :
Cp. n. 98, v. 3, 158, 209, 214. If this be so, it is a survival of the older Italic
accent- versification : Introd. 69. — sei : the diphthong justified Oscan svai,
:
Greek (<7F)f/.
— tibe for tibei : Introd. 9, note 2. —
utier: Introd. 64. For
the scansion utier vi- see note on parisuma, n. 74, v. 3, and compare pater
vtnit, Terence Phorm. 601.
—
facile, not faciled: see on facilumed, n. 82,
1. 27.
— facteis : Introd. 9, note 2. — Scipio, Publi, Oorneli are vocatives,
,
N. 77.78.] EPITAPHS OF THE SCIPIOS. 25
but prognatum looks back to te. Altogether they represent the full name
of the deceased, P. Cornelius P.f. Scipio.
77. CI. 34. An unknown Scipio. Judging by annos (double »), sit
(not siet) and the lack of ablative -a\ it cannot be very old ; and
probably
is not far from the age of n. 76. Cn. n. —
Gnaei nepos. = — quom the is
ings oihonos; 'in whose case life, not repute, fell short of preferment'; that
is,he did not live long enough to hold any office. hie might have been —
heic (i.e., *ho-i-c(e), locative from stem ho-). virtutei is ablative, for —
virtuti: the ei^
is the spurious diphthong : Introd. 9, Note 2. Stems in -tiit-
were originally /-stems. — loceis: Mommsen's conjecture; 'resting-place,'
'
tomb.' Ritschl conjectured Diteist, i.e., Ditei est, but this does not accord
so well with the indications of the stone. Other suggestions have been
made. — ne quairatis,
'
615/139.
—
II: probably iter urn, twice.'
'
—
Xvir, etc.: the decemviri sliti-
bus iudicandis, called earlier indices decemviri, were magistrates whose exact
functions are understood, but they had to act as judges in certain
little
cases. Slis are older forms of lis. The decemviri (later qum-
and stlis
used in the sense of fundere. The imperative ending -ton appears in this
N.8i.] DECREE OF L. AEMILIUS PAULLUS. 27
CU%
Decree of L. Aemilius Paullus.
81. L. Aimilius L. f.
inpeirator decreivit utei quei Hastensium
servei in tuffi Lascutana habitarent leiberei essent. Agrum
^
lsJJ
oppidumqu(e) quod ea tempestate posedjsent item poss i-
dere habereque iousit, dum poplus senatusque Romanus
vellet. Act(um) in castreis a. d. XII k(al). Febr.
= m^ *^JU^jJM
Iq
a *
t
inscription in three forms, (1) -tod in estod, licetod, (2) -tad in proiecitad,
(3) -fid in fundat'id, parentatid, i.e., apparently in the first conjugation. The
last two forms are otherwise unheard of. — proiecitad =proic ito. The
compounds of iacio had in old Latin sometimes -iecio, in place of the
classical -icio. So conieciant, CI. 198, 1. 50 (Lex repet.).
— parentatid =
parentato. Parentatio would defile the grove, because it had to do with the
dead. — = —
arvorsu™ adv orsum. hac perhaps neut. plur. see on post : :
hac, n. 82, 1. 13. Or possibly ablative sing, feminine see on arvorsum ead, :
n. 82, 1. 25. —
faxit Introd. 59.
: ium eum. quis — quisquis, an
= — =
Cp. n. 175 and 208. The antecedent ei is understood.
'
jectures L, i.e.,
'
sestertium
mille.' — magisteratus cp. 65. More original form, with comparative
: n.
end. There was a late Latin form decrivit, utei: Introd. 9, note 2. — —
servei the turris Lascutana is a castellum, or outlying dependent com-
:
fyv*^ quei sibd deicerent n ecesu s ese bacanal habere, geis utei ad
"7""
•
5*^
82. CI. 196. S.C. de Bacchanalibus. found 1640 at
Bronze plate,
Tiriolo in Bruttii ;
now in Vienna. In 568/186 a secret orgiastic worship of
Bacchus had established itself at Rome and spread to many parts of Italy.
states of Italy, and the above inscription is a letter from the consuls, em-
(except aedem, 1. 1). But on the other hand we have -us, -urn, not -on, -om.
Lines 1-4. S. =
.S/>// rim;
COS. consulcs. = Duelonai Bellonae : — =
see on duonoro, n. 75. —
&c{ribendo) &rt(ttern>if) decrees of the senate :
were reduced to writing after, not before, they were passed and a commit- ;
tee of senators remained after adjournment to see that they were correctly
written down. These were said scribendo adesse. arfuerunt adfue-
— =
runt : the preposition has the same form as in ar-biter. Cp. arversum,
ar/uise, 1. 24, 25.
—
quei foideratei esent supply as antecedent eis. :
'
elsewhere found) is clearly used her e as neuter, but seems to have been
originally a nominative masculine, which having lost its other cases, was
no longer felt as such :necessum (Plaut.) is the neuter to it.
Lines 5-9. senatorbus only a blunder, as senatoribus stands 1. 9
:
37.
— Latini (cp. urbani, I.21): the genitive singular has simple whereas
-I,
the nominative plural (virei, oinuorsei, 1. 19, 20) has -ei. This is the
usage of the older monuments cp. n. 24, 26, 27, etc., and Barbati, n. 75.
:
Not until later does -ei in genitive appear; see n. 99, 1. 4. The nomen
Latinum comprised at this time those cities of Latium which enjoyed a
sort of half citizenship, and were so intermediaie between cives and —
socii.
Lines 10-14. nequis vir that is, women only can hold this priest-
:
hood. —
magister: an officer (not a priest) to manage the temporal affairs
of the organization. So magistratum below no one shall appoint either :
'
again 1. 28; cp. suprad, 21, 24, 29. The adverbs ext(e)ra, int{e)ra, su-
1.
p(e)r'i, inf[e)r7i are ablatives feminine. iousiset here and I.9 the plate — :
reads ioiisisent,
— ,\ blunder. — Homines is awkwardly put in a sort of
'that no one in a company of more than five per-
apposition to quisquam :
bacanalia, sei qua sunt, e xstra d quam se^ quid ibgi^ sacri
est, ita utei suprajd scriptum est,Linyiiebus X, quibus vobeis
30 tabelai datai erunt, faciatis utei siejit. Ql. >av-«_~~--~^*'
u
dipmota V-^
In agro Teuran o. «8x-o^t-t- ci /
^-ii'. 1 aBS
preceded by an imperative, facite or videte .
Cp. Plaut. Capt. in. — in
coventionid = in contione
Introd. 38. ne minus trinum noun-
: —
dinum: 'for not less than three market-days.' See lexicon, s.v. nundinum.
'
Capital punishment, with the Romans, signified either death or loss of civic
rights {capitis deminutio).
— uteique . . ioubeatis ( ioubere = later iubere)
seems to be a return to the direct command as 1. 22. — figier Introd.
— ubei facilumed g-noscier potisit: 'where
:
"
extra quam si
qua ibi vetusta ara aut signum consecratum esset." The
senate were anxious not to interfere with any established and legitimate
worship.
—
ita utei suprad, etc., belongs with dismota. in diebus — X
'
§ 400, Rem. 3, end, and cp. Ter. Andr. 104, in diebus paucis quibus haec
acta sunt. dismota — dimota. sient : Introd. 60. =
In agro Teu- — —
rano was simply the direction to the letter-carrier. It is no part of th e
document, and lacks the ablative -d. lOtjA u\^t-r. t~2. »^_ -
32 REMNANTS OF EARLY LATIN. [n. 83-91.
Martio emeru. ^-
g,
Hkp><!*>p
Z%-
83. Cl. 1503. altar in Rome
On an referred by Mommsen to the
:
magister equitum whose imperium was made equal to the dictator's see ;
Livy, xxii. 25. The date would accordingly be 537/217. On the side of the
altar are the letters LI -XX VI, the meaning of which is quite uncertain. —
84, 85. CI. 530, 531. Marcellus the conqueror of Syracuse dedicated
spoils at Rome: the date about 543/211. Hinnad 'from Hinna' Henna
: =
or Enna, in Sicily. —
86. CI. 533. Halaesa in Sicily. Date perhaps 561 !\ \
93. Mavortei.
Iunone, and Victore (n. 88). Pales was a goddess of herdsmen, sacra in
both inscriptions refers to the altar (ara) on which each stands. The Tus-
culan worship was transplanted to Capua by colonists. See on n. 107.
92. CI. 807. On different sides of an altar at Bovillae, near Alba, the
cradle of the Julian gens, where the family rites were kept up even in im-
perial times.
—
Vediovei: Vediovis or Veiovis was an Italic divinity of
some importance, represented as Apollo-like, with arrows in his hand ;
n. 104, 1. 23).
93. CI. 808. On an urn, in ancient letters. The form Mavors Mars =
is well known.
—
94. CI. 814. The corniscae divae, crow-goddesses at- '
'
imperator de'dicat.
98. CI. 541. Rome. Mu mmius took Corinth 608/14^ and triumphed
the following year. The
inscription is in rather rough Saturnians, with a
tetrapodic series (v. 3), and a half-verse (also tetrapodic) standing alone at
the end. Corinto but triumphans with p/i, one of the earliest instances
;
to the Romans. —
With redieit compare petiei, n. 79 the succession i-i is :
thus avoided : -ei in the perfect after a consonant is less common, and is
not found till later. — qu6d seems to stand as short thesis; see on n. 76,
v. 4. But Ritschl supplies quhd is, and it is barely possible that is has been
broken off the edge (quod comes at the end of a line). aedem et for — :
ning.
— promiserat is Mommsen's conjecture for pro usuru, which leaves
a hiatus, confuses the construction, and gives very little sense. — visum, ajlaSW**^
XajJ* *****
n. ioo.] MILESTONE OF POPILIUS. 35
Milestone of Popilius*
100. P. Popilius C.f. cos.
etc.:
'
he h as fulfil led the choi ce of his hea rt.' — suo and tua are mono-
syllables.
— cogendei, The
general sense is: 'begging thee under
etc.
favor to enable him fully to collect and fairly to divide the spoil,' so that the
god may have his just due. facilia is explained as facultatem, but is cer-
tainly corrupt. In cogendei and dissolvendei we have the earliest in-
stances of ;£i.in genitive singular: see on n. 82, 1. 7, Latini. A — decuma
verae rationis is a tithe fairly computed ratio in its book-keeping sense. :
The road described, from Regium to Capua, was a continuation of the Via
Appia, and may well have borne the name Via Popilia. The inscription
contains several spurious ei's ; fecei, poseivei, conquaesivei, redidei, ponteis
omneis (but aedis in last line), meilia, fugiteivos, probably eidem (= Idem).
On the other hand the
spelling heic is justified.
— Regio Regium, not
:
carriers, as usual. Perhaps tabellarios lapides, such for instance as the stone
bearing this very inscription, which is certainly more than an ordinary mile-
Augustus's time.
— Cosentia =
Consentia ; Valentia Vibo Valentia, =
formerly Hipponium ad fretum ad statuam;
; the place called Columna
Regina, at the narrowest part of the strait, the usual place of crossing to
Sicilv. — Suma= j«wwa, '
the whole distance.' — af : this old preposition,
noticed by Cicero, Orat. xlvii., occurs about seven times in inscriptions, be-
Grac(oas), C. Paperius C. f.
Carb(o), III vire a. i. a.
I-
war in Sicily (620/134) was preceded by extensive brigandage on the part
of half-fed slaves of large land-holders. This brigandage Popilius tried to
J^p r e SS .
_ Italicorum : seen. 86. — de agro poplico: the reference is
tions from this period on, and similar ones (jjuacsti, etc.) are freely used by
Plautus, Ennius, and others. It probably arose merely from confusion with
commissioners for executing the agrarian law vire for virei, Introd. 9. :
served from near the end, and treats only of the so-called sanctions : what
is
the purport of the law was we do not know. But as the magistrates mentioned
are clearly the Roman magistrates, we have evidently a Roman, not a
Bantine, document. Mommsen thinks the enactment to have been
of the
provided for the annual election of a index of some kind. The date is cer-
tainly between 621/133 and 636/118
: see on I. 7. The beginning of each
N. 103.] TABULA BANTINA. 37
Tabula Bantina.
fragment is as follows :
—
(1.) Lines 1-6 Civil and
:
political disabilities to attach to curule magis-
trates as a penalty for violating the law.
(2.) Lines 7-13 Fines imposed on lesser magistrates and on senators
:
(3.) Lines 14-22 : An oath of obedience to the law is prescribed for all
magistrates.
Lines 23-32: A similar oath is prescribed for senators.
(4.)
Lines 1-6. in poplico ioudicio this includes both the nearly obso-:
lete indicium populi before the comitia (tributa or centuriata) and public
not be asked his sententia in the one, nor be given a tabella (to vote with)
at the other. — ne : see on neiquis, n. 82, 1.
3. All three forms, ne, nei, ni
46747
L-t
^Lt^_
relinquito.
7 Sei tr{ibunus) pl(ebei), q(uaestor), Illvir eap{i/alis),
shoes (mullet) are meant, which, like the practcxta, distinguished the curule
magistrates. queiquomque — quicumque. =
concilium: the comitia —
tributa seem to be meant, winch are often called concilium plcbis.
Lines 7, 8. these were police magistrates who
triumvir capitalis :
Lines 9-13. multa tanta esto Mommsen supplies from the Oscan
law: others damnas esto J.ur. — pequniam Introd. 23. quei petet: :
—
multam pctcrc is to propose the infliction of a fine where a fine of definite
'
the proposer of the fine demands, the praetor shall appoint recuperatores
. and shall give directions (to the recuperatores) that in case the offense
. .
N. ro 3.] TABULA BANTINA. 39
propose a greater than the above, whoever shall thus choose may do
fine
so, provided it amount to less than half the man's property, and to him
(i.e., law shall apply in every respect just as if he had
this magistrate) the
exacted, in accordance with this law, only the amount prescribed above."
A magistrate was said multam inrogare when he imposed a fine greater
than that prescribed by law; in that case the offender had the right of
appearand the matter was brought before the comitia tributa. dum — . .
taxare, for *taclare, is a frequentative from tangere (root tag-). Its con-
struction with the genitive is surprising, and reminds one of the genitive
afte r verb s of_t ouchin g in Greek. We should expect the accusative.—
partus : Introd. 37~cp. Casiorus, 1. 17. Pars is here treated quite as
a consonant-stem {part-), though it was originally an i-stem (parti-).—
familias :
gen. sing.
— omnium rerum :
'
in all respects.' For this old
use of the genitive Wordsworth aptly compares the formula eius hac lege
nihil 'regarding that nothing is proposed by this law' (CI. 200,
rogatnr,
I.34).
— siremps (in prol.Plaut.Amph. 73,
.nr<?wz *.ft?) 'just so.' Theetymol- J
:
'
for simple quasei, as in n. 106, 1. 1.40, II. 1. 4, and generally in legal phrase-
is quite com-
ology cp. prol. Plaut. Cas. 46. Analogous to nisi si, which
:
of this time,
mon. The spellings quasei and nisei are regular in inscriptions
though the poets, even Plautus and Ennius, measure always quasi, nisi.
40 REMNANTS OF EARLY LATIN. [N. 103.
27
28 e quis magistratus p
29
Q. L. Q. Muucio Q. f.
co(n)s(ulibus).
Qua ager privatus castejM Vituriorum est, qu ern agrum eos ,
public lands, ager poplicus, belonging to Genua for the use of this a gross ;
sum is to be paid yearly, which is to be assessed upon all the holders pro
portione, including any Genuates who may hold there (1. 25-32). Common
pasture-lands {ager compascuos, 1. 33) presumably those within the limits
—
of the above tract of public land are to be open to any Genuan or Vitu- —
rian. The meadows {prata, 1. 37-42) which form part of this public land,
are reserved for the sole use of the Viturii, but theii extent is not to be in-
creased. — The
spelling of the document is rather inconsistent. Preposi-
tion -.11 frequently written as proclitics thus inre,\.z; adtermittum,l.i$;
i
;
but this has not been followed in the text. The names of streams and moun-
tains are 1
jgurian.
Lines 1-5. Minucieis and Rufeis are nominative plural Introd. 34. ;
tive plural in -Is, praesente : technical phrase; 'on the spot cp. ;
so also prosa oratio for prorsa, and tostus for *tors-tus (torreo). com- —
poseiverunt: see on poseivei, n. 100. qua lege: "on what terms.' — —
flneis (after qua) nomin. plur. Introd.
: Three cases occur in this in- 39.
scription.— facere statui the change from active to passive is awk-
. . . :
ward. —
terminos 'boundary-stones.'
: senati see n. 101. —
Qua: :
—
'
where.' —eos vendere .licet: the accusative and infinitive with licetis
. .
—
;
borhood is now called Maniceno. ad flovium E. 'at the river E.' The :
starting-point is the mouth of the brook, where it flows into the Edus. Flo-
vius is the earlier form for Jluvius. The combination uv is not so
studiously
avoided as vu, uu, yet the earlier language shows a dislike of it. See fluio
just below.
—
suso vorsum i»ra/(in»w (1. 14) = sursumvorsum (1. 15: =
Cato R. R. 33) equivalent to simple sursum (the expression is pleonastic
:
Ablative of the road by which (Allen and Greenough, 258^-; Roby's Gramm.
—
1176; Gildersleeve,387) further denned by an adverb. comvalem: see on
comvovise, n. 82, — termina: from termen (== terminus), a form no-
I. 14.
ticed by Varro Ling. Lat, — circum viam Postumiam: the road
v. 21.
coberam: called below Porcobera (1. 22), and by Pliny (hist. nat. iii. 5,
before f, and spellings like im fronte (CI. 1104) are exceedingly rare.
—
Edus: but accus. and ah Iid?
I-.dgii 14 — su rsumvorsu m
L.it. (1. 7, 13, )
'
noun. —
vocitatust vocitatus est. =Ioventionem: a summit in the —
neighborhood is now called Giovo delle Reste ; a brook near it, la Gioventma.
— in montem Apeninum: Apeninus is here appellative; 'that summit
of the Apennine chain, which is called Boplo.' Apeninum iugo recto: —
Apeninum is possibly g eniti ve plural but m ore likely a mistake for Apenittf
, .
seca: the stream near which the tablet was found is called la Secca.—
floviom note the ending -om, exceptional at this time.
: conflovont — =
confluont. The present fiov-o is formed with the same strengthening of the
root {flu-) which we have in douc-o (due-). It is analogous to Greek
pres-
ents like piu, older piv-u, from root pv-. Probably not only fluo, but ruo,
cluo, etc., formed their presents originally in the same way. flovi con- — :
Vfiuries, 1.
37 and 42.
— Genuam:
accusative of place whither, used after
in poplicum by a sort of attraction; 'into the public treasury at Genua.' —
victoriatos nummos:
these were equal to the Massilian drachmae. As
these last were common currency in the Po region and Liguria, the Romans
had coins of the same value struck for that country, which were called vic-
— —
quod: 'so far as,' provided that.' setius: the only correct spelling
'
for what has been vulgarly written secius. According to Corssen's very
probable etymology, setius stands for *seg-tius, comparative of a *seg-tus =
segnis ; so the word would mean properly slower.' Cp. quo minus setius-
'
sententia, dum ne
aliura intro rmtat nisi Genuatem aut Veiturium colendi causa.
32
Quei eorum de maiore par te Langensium Veiturium sen-
tentia ita non parebit, is eum agrum nei habeto nive fcujt ,
mi no .
1
secet,secare, cut.' A provincialism not elsewhere found. Cp. sica. — pascat :
'
curs only after the time of the Gracchi. Earlier monuments have -i (or -ier).
48 REMNANTS OF EARLY LATIN. [n. 105.
— Genuenses :
object of oportere. We
have here the construction oportet
me ^liquid fieri, '
it behooves me that something be done,' but I do not know
a parallel case. Oportet'\sior*op-portet, 'falls to my share' (from an obso-
lete *portere), and so its taking a direct
object is not surprising. Lines —
45,46. ad nos: the commissioners named below. primo quoque —
die: 'at the earliest possible day.' —
controversis: see on 1. 35. The
following words were hopelessly confused by the graver, who could not
understand his copy. The sense requires something like controversis ab-
stineant (Mommsen). — Meticanio and Pelianio are probably nomina-
tives of tf-stems with -s omitted. Observe the relation, in these Ligurian
names, between the surnames in -anio-s and the fathers' names in -ono-s.
The surnames would seem to be hardly more than patronymics formed with
had fallen under some suspicion (of what offense we do not know), and
had sent to Rome to clear themselves before the senate, upon which this
decree was passed. This is all be made out. (The age of the in-
that can
it would seem
scription is uncertain: from its spelling to belong not vet y
far cither side of
654/100.)
The document, like the S.C. de Bacchanalibus
not strictly a decree,
but_aJeiler_from the praetor the
is
(n. 82), embodying
substance of the decree. —
For the opening forms see n. 82. — Lines 1, 2.
Kastorus: Introd. 37; cp. n. 103, 1.
17.
— S. = Spuri. — Line 3. Quod
for remark, or the occasion for the following remark
introducing a matter
(Allen and Greenough, 333 a) is continued by quibus in the same func-
tion: 'whereas and whereas concerning certain matters,' etc.
. . . Lines —
4, 5. animum advortit later joined, ani?nadvertit.
:
nontiata : —
N. io6.] LEX CORNELIA DE XX QUAESTQRIBJJS. 49
o~^*
Lex Cornelia de XX quaestoribus.
06. ... Tribus . . .
principium fuit :
pro tribu .... primus scivit.
.Page
I.
ad q(uaestorem) urb(anum), quei aerarium provin-
ciam optinebit, earn mercedem deferto, quaestorque quei
see on n. 103, 1.
3.
— Line 9. oitile = utile: Introd. 8. Cp. oetantur
= utantur, Lex agr., CI. 200, 1. n, and oeti = uti, CI. 603. — Line 11.
Capt. 353.
106. CI. 202. Bronze plate found at Rome in the ruins of the temple of
Saturn (see on n. 103, line 17), which was the regular place of deposit for
state archives. It is the eighth of a series of nine or ten tablets, on which
was engraved a law of Sulla: the rest are lost. It contains two pages or
columns. The tablets were nailed up in a horizontal row, and the prae-
scriptio, or heading, ran along
the tops of all of them in large letters of this :
only four words (principium fuit pro tribu) are on the preserved
:
plate. The whole, as we know from other documents (in particular the
Lex Quinctia de aquae ductibus in Frontinus), must have read about as
follows: L. Cornelius L. f. Sulla dictator de senatus sententia populum iure
rogavit populusque iure scivit in foro (here followed the exact place and
. . .
Varro primus scivit; whereby the names of the tribe and the first votel
5o REMNANTS UV EARLY LATIN. [n. 106.
scribae
aerarium provinciam optinebit earn pequniam ei
the tribe which voted first (or, according to Mommsen, that which first an-
nounced the result of its vote) was called principium. The present enact-
a lex, because passed
ment, although passed in the comitia tributa, is still
at the rogation of a curule magistrate (dictator). If proposed by a tribune,
it would be a plcbis sett urn, and the praescriptio would have plebem,plebes,
instead oipopulum, populus.
The law is one of Sulla's enactments during his dictatorship (Tac. Ann.,
It raised the num-
xi. 22) and so falls in all probability in the year 673/81.
ber of quaestors to twenty. The part preserved treats only of the attend-
ants (apparitores) of the city-quaestors, and provides (1) for the payment
of the scribae, and (2) for the appointment of additional viatores and p/ae-
cones : thequaestors namely are hereafter to appoint four viatores and four
and for the next three years
praecones, where before they appointed three,
the present consuls are to appoint additional viatores and praecones, one —
each for each year. But this matter is involved in some obscurity, and there
are two possible ways of understanding the arrangement. The viatores who
serve for any one year form a so-called decuria, and so too the praecones.
Now the simplest supposition is that these decuriae had heretofore con-
sisted of three men each, and were appointed by the quaestors once in three
years only, nine
men being appointed, three for each of the succeeding
for 673 would have appointed three viatores for
years thus the quaestors
;
could be, and usually were, chosen for successive years, so that the office
was practically a permanent one.
Page I. Lines 1-5. quei aerarium provinciam, etc.,
'
who shall
'
have the treasury as his department,' i.e., be charged with the admin-
shall
istration of the treasury.' There were two quaestores urbani, both of whom,
so far as we know, had equally charge of the aerarium, so that it does not
seem as ifa particular one were meant here. In the Lex repetundarum,
CI. 198, 1. 79, we have quoi aerarium vel urbana provincia obvenerit, as if the
two were pretty much the same thing. — mercedem def erto :
'
report the
amount Subject is the magistrate see below, ii. I. 40.
of wages due.' :
—
sine fraude sua: 'without prejudice to himself.' quod: as n. 104, —
1. 26. With pequlatuu compare arbitratuu, ibid. olleis (Introd. 49) —
hominibus: the scribes. — Lines 6-10. k. Dec. primas: that is, of
the present year. —-appareat: 'serve as apparitor.' —
ex noneis De-
cembribus: this was the time when the quaestors entered on their term
of office. Evidently the quaestors of the present year had already made
their appointments for the succeeding years; hence the supplementary
quisque.
— Line 37. ita utei = item utei above: 'on the same footing
as.'— Line 38. Sirempsque omnium rerum: see on n. 103,
. . .
1. :
ublegere below.
•
The holdei such places often underlet or sold
1
10
quei nunc sunt, viatores III legerunt sublegerunt ; quosque-
quomque quaestores ex lege plebeive scito praecones legere
sublegere oportebit, ei quaestores eo iure ea lege praecones
IIII legunto sublegunto, quo iure qua lege quaestores, quei
nunc sunt, praecones III legerunt sublegerunt ; dum niquem
15 in eis viatoribus praeconibus legundeis sublegundeis in eius
viatoris praeconis locum viatorem praeconem legant sub-
legant, quoius in locum per leges plebeive scita viatorem
praeconem legei sublegi non licebit. Itaque de eis quattuor
20 viatoribus quaestor queiquomque erit viatores sumito habeto,
utei antehanc legem rogatam de tribus viatoribus viatores
habere sumere solitei sunt. Itaque de eis quattuor praeconi-
bus quaestor queiquomque erit praecones sumito habeto, utei
ante hanc legem rogatam de tribus praeconibus praecones
25 habere sumere solitei sunt. Itemque eis viatoribus praecon-
ibus quei ex hac lege lectei erunt, vicarium dare subdere ius
esto licetoque, utei cetereis viatoribus praeconibus, qua in
expression for legi soliti sunt. By a sort of attraction institutei sunt is put
instead of the impersonal institutum est, which would be regular. It is not
54 REMNANTS OF EARLY LATIN. [n. 107.
C. Antracius C. f. C. Tuccius C. f.
L. Sempronius L. f. Q. Vibius M. f.
P. Cicereius C. f. M. Valerius L. f.
'inside the railing,' surrounding the temple or the aerarium. The names
are to be hung there on the wall close to the copy of the law itself. Momm-
sen fills out the sentence as above the law went on to direct the payment,
;
as in I., 1. 2, fig. —
The reader will have noticed in the above document, the
latest which has been admitted into this collection, (1) the greater regularity
of spelling thus -eis always in dat. and abl. plur., -ei in nom. plur. of o-stems
:
107. CI. 565. Capua. Date 646/108. The political condition of Cam-
pania during the 150 years from the Hannibalic
war to the year of Caesar's
consulship (695/59) was The whole country belonged to the Ro-
peculiar.
mans as ager publicus, let to plebeian holders, and the government
and was
was administered by praefecti sent from Rome. The communities, pagi,
have certain local officers, magistri pagi. Inside the pagi there exist guilds
or collegia, some of ingenui, others of libertini, others of slaves. The col-
their tutelary divinities, partly from their handi-
legia are named partly from
craft.They seem to exist chiefly for religious purposes, but they stand in
some organic relation to the pagus. At the head of each collegium stand
twelve officers called magistri (to be distinguished from the magistri pagi) ;
but in the collegia of slaves they are called ministri. These officers, in return
N. 108,109.] INSCRIPTIONS OF CAMPANIAN MAGISTRI. 55
P. Babrius L. 1. P. 6ervilius M. 1.
C. Lucretius C. 1.
Apul(us). M. Mai(us) M. 1. Nic(o?).
k**V A. Gargonius Q. 1.
y for the honor, contribute money for public purposes, the magistri giving
games with unless directed to expend it in public works by a pagi
it,
Accept tuas litteras a. J. quint urn Terminalia (i.e. 19th Febr.). The reason of
this mode of dating is that before Caesar's calendar reform, the month of
found, and Festus gives us the form slspitem. According to Corssen, the 1
mam is to set aside the tenth part pollucere is to present it but with special
; ;
tive (see n. 69, 75, end), but seems here and 112 to be dative. —
in n.
semol = simul,
'
Withal they pray thee to hold them often to payment of
their vows.' Condemn are (or damnare) voti is to condemn a man to pay
his vow, by granting his request. Allen and Greenough,.220 a,
112. CI. 1290. Found near ancient Amiternum. For the supplements
cp. n. 99 and in.
— tovam : Introd. 46; tovos and sovos correspond ex-
actly to the Epic Gre ek rcog (reFtic)
and eoc (ptFog). — adiouta: 'aid
him who . .' etc.
58 REMNANTS OF EARLY LATIN. [N. 113-117.
113- P. Annaeus Q. /.
Epicadus aedem Leiberi patois faci-
116. L. Rantius L. f.
Tro(mentina) lumphieis.
118. M. Saufeius M. f.
Rutilus, C. Saufeius C. f. Flacus q(uaes-
tores) culinam f(aciundam) d(e) s(enatus) s(ententia)
c(oeravere). Eisdemq(ue) locum emerunt de L. Tondeio
L. f. publicum. Est longu^p(edes) CXI/ VI IIS, latum af_
muro ad L. Tondei vorsu m p(edes) XVI.
^UAut*^, A
.
Basilicae (the name derived from the ftaaikim] croa at Athens) were large
roofed halls commonly not enclosed by walls, but with double rows of col-
umns forming aisles (porticus) on either side: they were used for courts
of justice and general business. —
lacum balinearium merely a tank :
in the public baths. Balineum ( 3a?Mve~tov) is the older form for balneum :
t
'
vorsu m :
'
in the direction of L. Tondeius's (house).'
119. CI. 1149. Cora, on an old temple. duomvires: Introd. — 34.^*^**
The chief municipal magistrates, duomviri iure dicundo; see on n. 121. Or t M/%-tA
possibly special duomviri aedi dedicandae.
r
60 REMNANTS OV EARLY LATIN. [N. 120-126.
121. C. Quinctius C. f.
Valg(us), pa tron (us) mu njcjjrji), M.
Magi(us) Min. f. Surus, A. Padacius Q. f., Illlvir(i) d(e)
s(enatus) s(ententia) portas, turreis, moiros, turreisque
aequas qum rnoiro faciund u m coiraverunt.
122. Privatum :
precario adeitur.
city were four in number; two superior, called duoviri (or quattuorviri)
hire dicundo, and two inferior, duoviri (or quattuorviri') aedilcs. They were
called duoviri or quattuorviri according as they were regarded as forming
two boards of two (so generally in colonies) or one of four (so in muni-
cipia).—TO.o\rOB = muros: Introd. 8. —
is a neg hgence. f aciundum
122. CI. 1215. Capua. 'Private ground: admission only on suffer-
ance.' So a "viea precarea" CI. 1464. 123. CI. 1291. Near Aquila. —
Itus actusque 'right of way for walking and driving.' Feroniai see
: :
on n. 48. —
(D =
1000.
124-135. Selected from CI. 822-1005. Sepulchral ollae, found in the
vineyard of San Cesareo at Rome they date somewhere from 600/154 to
:
650/104. The name are those of slaves or other humble persons, mostly
in the nominative, rarely (as 131) in the genitive. The form Noem. for
\J~
1*
Epitaphs
Dating from about the Gracchan perioq" on.
Horaea.
"
1
137. CI. 1006. Found in the Via Appia near Rome. Date apparently
" "
about 654/100. Affectatae antiquitatis sed scite factum epigramma
(Mommsen). Saturnian verse. — meas is one syllable.
138. CI. 1007. Rome now ;
Iambic trimeters.
lost. pellige perlege.
— =
— hau for haud 1-
frequent in the mss. of Plautus and Terence, and is now
on — horunc (h
136. 1 is Plautinian (Cist. 53). alium: for al- —
terum. — incessu commotio 'with gentle mien 'or bearing.' — lanam
'
:
fecit : Ov. Met. vi. 30, tibi fama petatur inter mor tales fa c 1 e nd .1 , 0, ax-
itna lanae :
cp. lani-ficus.
139. CI. 1 194. A stone, now lost, found near Minturnae. Above are
five names of libertini — father, mother, two sons, and the wife of one of the
sons. To the last one the verses refer. She is a freedwoman of her hus-
band's parents. — Neicia = NZkmzc. — O. = mulieris liber 1. ta, freedwoman
of the matron of the Saufeian family. So again P. O. 1., 'freedwoman of
N. 140,141.] EPITAPHS. •
63
Publius and his wife.' D stood originally for Gaia, a sort of generic name
for a married woman ; cp. the
'
pro-
nounced judgment on my
'
lasting.' The
givers are slaves or freedmen.
141. CI. ion. Rome the stone is now lost;
it had:
figures of man and
wife clasping hands. Only the wife is dead, but both figures are supposed
to speak the verses under their respective names. They are freed slaves of
the same master Hermia (JEpfiia^) and Phllematium are their Greek
:
Amelia L. 1. Philematio'".
142. . . CVrneli M. f.
Pup(inia) Mamullai.
M. Corneli M. f.J. Mamullai.
Eppuleiai A. f. uxoris.
rqj^quiae suprema
manent.
veivo (11.148). —
amaritie conjecture (the copy has avarities): 'in no
:
bitter —
misfortune did she shrink from duty.' feida: cp. difeidens, n. ill.
— ree parens: indeed he was in truth over and above a father to
. . .
'
(Plant.), mortis letique potltum (Lucr. iv. 766). The active potivit servi-
tutis, 'reduced to slavery,' Plaut. Am. 175.— The end is lacking.
142. CI. 1046. Tusculum. The three names are in the genitive, with
p. 210.
— Pupinia: sc. tribu. — M.. f. f. seems meaningless, and the second
/ is
probably a mistake.
143. CI. 1049. Rome. — Polio Pollio. = —
mihe see on tibe,x\. 76, v. 4. :
144. CI. 1051. Rome. — ultuma suorum: Mast survivor of her fam-
ily.'
— fuueit —fu~it; see on n. 74 (6), v. 3 and 4. (Or possibly fuvcit f) —
suprema manent: 'await the last honors.'
N. 145-149.] SONG OF THE ARVAL BROTHERS. 65
Satur fji,
fere Mars : limen sali sta. berber^X thrice.) *^fl?£~**-
Semunis alternei advocapit c6nctos. (thrice.)
145. CI. 1212. Capua. For the provincial genitive in -aes see on
Prosepnais, n. 42. Other examples are Aquilliaes, CI. 1025, Dianaes,
CI. 1242. Later such genitives in -aes and -is occur with increasing fre-
quency they are almost entirely confined to proper names from the lower
:
erhood, of like sort with the Salii and Luperci, existing for the performance
of specific acts of worship at a particular festival, at other times having no
priestly functions. They were a self-perpetuating body of twelve, charged
with conducting the festival of the so-called Dea Dia in May. This deity
(identified by Preller
with Acca Larentia) was a goddess of agriculture and
tablets con-
growing corn. The above ancient prayer is on one of many
taining the records of the brotherhood
under the emperors. They were
66 REMNANTS OF EARLY LATIN. [n. 149.
found on the site of the grove and temple of the Dea Dia, five miles from
Rome on the Via Campana; the present tablet in 1778. The prayer was
sung by the brotherhood in the open air, accompanied by a solemn dance
It is in itself by far the most venerable specimen of Latin
(tripodatio).
which we possess, but as our copy dates from 218 A.D., and as the carmen ,
fmere (for fu fere) once, may be mentioned. The metre is a rude Satur-
nian, with two isolated half-verses (cp. n. 98).
Help us Lares and let not, O Mars, plague and destruc-
'
Translation : :
Call ye, in turns, on all the Semones. Help us, Mars. Huzza !
V. 1. enos = nos.
The e- probably as in k-fik. ifiov; a prothetic
strengthening element. — Lases = Lares. Similar cases of s preserved be-
tween two vowels, for later r, are asa, fesiae, Spusius, Vetusius, maiosibus,
neu. — lue m ,
rue™ : accusatives of lues, rues. The latter word (= ruina)
is known to us only through an obscure glo ss. Both may well have had
originally long u.
— Mannar, and below Marmor, mean Mars. Appar-
ently a reduplicated form. sins sinas or sines. —
pleores plures ; = — =
it stands for *ple-ios-es Tr'AE-iov-ec. =
It is to be pronounced as two sylla-
note on 76, v. 4. The words limen — berber have never yet been satis- . . .
thy temple (cross the threshhold) and stay thy scourge in that case ber- :
ber would be for verbcr, and sta might be transitive as in praesta te virum.
But this is after all unlikely. V. 4. semunis —
semones. Corssen points \ =
out that semunis can be no old form, but only a corruption of later imperial j
N. 150.] COLUMN A ROSTRATA. 67
Columna Jlostrata.
tenses in -bam and -bo. The/ for b is unexampled and probably due to a
mere blunder. In this line the brothers seem to address each other. —
conctos = cunctos. Both contracted from *co-iunctos. — V. 6. Triumpe :
Introd. 15.
150. CI. 195. On a stone of Parian marble found in the forum in 1566,
now in the Palazzo dei Conservatori on the Capitol. C. Duiliu s defeated >
the Carthaginians in the famous sea-fight off Mylae, 494/260, and the
cut in the time of the emperors. The only possible question is whether
it be a copy, more or less modernized, of an older one, or was composed
outright, in imitation of the old-fashioned language, by some antiquarian
under Claudius. The latter is the view of Mommsen and Ritschl, and to
ment, circumstantial, almost statistical, style, and its prose form. What
its
sort of an inscription Duilius set up, if any, may be gathered from the
in Saturnian form long
Scipio-epitaphs and from the triumphal inscriptions
after this time (see n. 217 fig.) it would have been brief, simple, and in
:
1. 7.
Pri-
mos quoque navaled praedad poplom donavet, pri-
forms, as one is an »-stem and the other from root fug- tfivy-. Evidently =
the author of the inscription fancied that any short u might have been
in the early language —
L. 4. Macelam Macella in Sicily. :L. 5, 6. —
En = in. — navebos: cp. Tempestatebus, n. 75 (b), 1. 6. The ending -da
is elsewhere unknown. In line 8, below, the of -bos is cut over an u .
evidently the graver first cut navebus, and then tried to correct it. ceset —
= gessit.
—
L. 8. Poenicas Punicas. =
So bello Poenicio, Lex agr.,
CI. 200, 1.
75.
— L. IO. dictatored: -ed in ablative is unknown except in
this inscription: Introd. 38, note. Cp. navaled, which, however, ought
1. 17,
to be navalid. — olbrom = ollorum. Introd. 49.— L. 12. triresmos:
the form good, and rests, no doubt,
is on ancient tradition * resmo-s is :
certainly the old form for renins (for *ret-mo-s. cp. k-pET-(j6-v), and
triremi-s, like many other /-stems, was once an 0-stem. The numbers in
this line come from Oros. iv. 7. L. 13-15. — CID or 1000. = M= —
^^_CCC\DDO =_centuni mjlia.
— numei :
'
coins
'
;
of what value is not
— arcentom captom, praeda:
said. according to Mommsen.two sums
of silver; 'the silver captured and that derived from sale of booty': to-
gether 200,000 pieces, and perhaps more.
—
captom aes: the sum total
of the above gold and silver, reduced to Roman sestertii : the amount stand-
ing on the stone is vicies ter centena milia sestertium,
and much is broken
off. The bracketed signs are partly gone.
—
L. 16. poplom: see on n. 81.
N. 151,152.] LEX ACILIA.— LEX AGRARIA. 69
it can be
properly read from the ground'), passive: so potestur, queatur
(Lucr.), quitur (CaeciL), poteratur, etc., are known. Always with the pass-
ive infinitive. — eiei, dat. sing., occurs seven times.
Lex agraria.
I52. CI. 200. Date 643/111. On the back of the same eleven fragments,
and in the same incoherent state. Besides forms elsewhere spoken of, I
note the following. — cavitum = cautum 6). — oqupatum = wca- (1.
Respecting all the selections given in Part II., it must be said that little
reliance can be placed on the antiquity of the text in detail. All of them
have been more or less modernized in their grammatical forms in process
of transmission to us, and in many cases it is clear that still more serious
vicissitudes have befallen them.
153. Cato R. R. 141. Prayer to be used at the lustratio agri or ambar-
valia, in the spring of the year. This is probably the best existing sample
of a Roman carmen of the olden time. For its
rhythmical form, see Introd.
69. It readily
groups itself into verses and half-verses (of course no di-
vision of the sort is made in the mss.), and may be recited with four ictus
in each half-verse (the last two ictus
commonly being contiguous). Thus
for example :
—
quaesdque uti siis vdlens propitius
mihi ddm.6 f&miliaeque nostrae.
I have not
thought it best to attempt an exact notation of each verse, partly
because some may be read in more than one way, and partly because of
70
N. 153.] OLD PRAYERS FROM CATO DE RE RUSTICA. 71
the general uncertainty of the text. The reader will not fail to notice the
place. Cato gives the formula for directing the head-servant to lead them
v. 13.
— averrunces: averruncare comes from averruncus, 'defender,'
awurpuTvaioc a title belonging especially
;
to Mars. — V. 11. uti fruges:
the mss. utique tu fruges.— '. 12. grandire V : here intransitive, elsewhere
always transitive.
— bene probably should : be duene, and bonam, v. 14,
duonam. — siris = siveris. — V. 14. duis : Introd. 60. — V. 20. macte
.... esto be thou magnified (or glorified) by the offering of these
:
'
is presented with the second. The ritual is not plain ; but perhaps both
Janus and Jupiter, with these prayers. Both strues and ferctum are
sacrificial cakes the former is described as consisting of several long cakes
:
joined side by side, like the fingers of the hand. Observe the exactness of
the sacrificial language struem commovere, but ferctum obmovere.
:
quae- —
soque I have added from n. 153, v. 2. — domo in both a and b the mss.
place after liberisque me is ; but see n. 156, v. 10, and n. 153, v. 3, 15.
156. Ibid. 139. Formula for the clearing of a wood ('///cum conlucare
Romano more sic oportet ') A
swine is offered as a piaculum, to appease
.
adjective quoius, frequent' in Plaut. and Ter. (quoin vox, quoium pueruni).
— sacrum: 'sacred domain.' — piaculo (v. 2, 8, 13) I suspect, metri
causa. Cato does not seem to have fully felt the rhythm of the carmina
which he reproduces. —
coercendi (v. 3) 'restraining' or 'limiting' the :
157. The Salii were a religious sodalitas (for this term see on n. 149)
who were concerned with the worship of Mars. On various festival-days in
the month of March they performed solemn processions and dances, bearing
the twelve sacred analia. The famous ancient songs which they chanted on
these occasions were called axamenta. This name is from axare, 'repeat'
(found a frequentative from a-io
in Festus), =
*ag-io (root ag-, say,' as in
'
have given above all that seems to have the smallest probability critically.
Fragment a is the most certain. Bergk reconstructed it from cume
ponas Leucesiae praetexere monti quotibet cunei de his cum tonarem (Teren-
tius Scaurus, p. 2261, P.) but Festus gives prae tet tremonti.
;
The lines
read as Saturnians of a rather rude sort (cp. the carmen Arvale, n. 149), and
—
there can be no doubt that such was the metrical form of all the hymns.
cume = cum expressly attested by Scaurus Festus has also tame = tarn.
; ;
lifjht-god,'
from the /
by a softening not uncommon in Latin : the diphthong eu, on the
other hand, is an antiquity Introd. 10, note: cp.
: ?.£vkoc. —
tet for ted (In-
trod. 44). Perhaps an older form, though the / may have come merely from
assimilation to the following. tremonti — =
tremunt; the only instance of
this full ending of the 3d person plural cp. Doric MyavTl :
71yovai. = —
cunei: 'bolts' of lightning. — dextumum
'
adverbial, on the right a :
'
Formulae of Calatio.
omens thou art the good creator, good Janus.' But all this is extremely
:
*pilo-ere
=
pilo armare. Another remnant of the Latin ^-conjugation is
aegrotus, from *aegro-ere, 'make ill'); promenervat promonet, from =
an adjective menervo-s, thoughtful,' whence Menerva, cp. n. 36 SOnivio
'
the fifth :
Covella is a diminutive oi*cova = cava. 'I proclaim thee for five days,'
quarterfirst
'
or nones. The
verses are Saturnians, but
in calo we have a short thesis. Besides the old verb caldre, there must have
been a calere (or calere), whence calendae.
76 REMNANTS OF EARLY LATIN. [N. 159.
Form of a Devotio.
r 59« f lane, Iuppiter, Mars pater, Quirine, Bellona, Lares, divi
Novensiles, di Indigetes, divi quorum est potestas nostrorum
hostiumque, dique Manes, vos precor, veneror, veniam peto
feroque, uti populo Romano Quiritium vim victoriamque
prosperetis, hostesque populi Romani Quiritium terrore for-
midine morteque adficiatis. Sicut verbis nuncupavi, ita
159. The formula given by Livy (viii. 9) as used by the elder Decius in
devoting himself to death at the battle of Vesuvius, 414/340. He repeats the
words after the pontifex, then mounts his horse and charges into the midst of
the foe, where he finds his death. The formula is no special one composed
for the occasion, but a traditional one handed down from antiquity. For,
from the details which Livy gives, it is clear that there was an elaborate
ceremonial, with provisions for this and that occurrence which is proof, ;
as Preller (Rom. Myth., p. 468) remarks, that " in the Italy of earlier times
such devotions, in the bloody struggles among so many contentious nations,
were nothing uncommon." The idea of the devotio is that the commander
or other warrior, by voluntarily sacrificing himself to the gods of the lower
world, averts their fury from his own countrymen and turns it against the
enemy's hosts. A supernatural panic was believed to seize on the foe. The
above formula is certainly a carmen, and the indications of rhythm and
alliteration show that metrically it stood on a line with the prayers in Catc
re-
160. The Fetiales were a public religious collegium who were the guar-
attend to the proper formalities in declaring war, making peace, and the
like, so that all might be done rite,
and the approval of the gods secured.
The collegium kept alive the knowledge of the proper ceremonial for all
cases was the ius fetialium. The fetiales were an ancient Italic in-
;
this
and existed not in Rome only but in the kindred Italic states, where
stitution,
we must suppose them to have originally consisted of (see Introd. 69), and
have made some changes which seemed to recall more nearly their original
form. In the books of the fetials of a later day, whence the annalists took
them, they had undergone many modifications.
The form for demanding restitution (rerum repetundarum, also called
clarigatid) is from Liv. i. 32 in v. 3
the received text reads ego sum, in v. 5
:
(/>.)
Audi [uppiter, [et tu] lane Quirine,
dique am lite omnes caelestes
(Livy says cuiuscumque gentis sunt, nominal'). The legatus who is sent on
'
<stulata) are recited, and Jove is called to witness the following oath. —
It, after thirty days, restitution is not made, the form b is used. —
lane Qui-
rine :
Janus bore the surname Quirinus as war-god. The god Quirinus
was different. — audite Livy puts after inferni.
(v. 2) After persolvere—
follows : 'Sed de islis rebus in patria maiores natu consulemus, quo pacta tus
nostrum adipiscamur,' which seems to be no part of the original formula.
161. In declaring war, the fetial went to the enemy's boundaries and
threw a spear across them in the presence of witnesses, with the above form-
ula, which I give according to Cincius (in Gell. xvi.4), but with several cor-
re tions from Liv. i. 32 in v. 2 both sources give adversus, for which I have
:
put in; and For Albanus Cincius has Hermit ndulus. The
in v. 4, j.bel/um.
last linemight possibly have been purum piumque duellum dico facioque ;
see just above in Livy the solemn form of treating the matter in the senate.
162. Liv. i. 24. The head of the college of fetials addresses the king,
tin- form of whose answer (in the affirmative) is not given. — Rex, iubesne
me :
Livy gives iubesne me, rex.
—
After the response puram tollito, the
fetial fetches the clod from the arx, and goes on. populi Romani Livy — :
adds Quiritium, which did not, however, beiong anciently in these formulae.
N. 162.] FORMULAE OF THE FETIALES. 79
Rex
Fet. Sagmina verbenam te, rex, posco.
Rex. Puram tollito.
Fet. Rex, facisne me regium nuntium
populi Romani,
va.sa.que mea comitesque meos?
Rex. Quod sine fraude mea populique Romani
$«.v fiat , facio.
The fetial then appoints a pater patratus, and the latter solemnizes the
'
treaty. First he recites the conditions longo carmine'; then, standing over
the swine with the sacrificial stone axe in his hand, he proceeds as in b. —
After v. 4 stands ex illis tabulis cerave, which, as Weissenborn remarks, is an
addition of later times, when written treaties had taken the place of the
ancient verbal ones. —
sunt recitata Livy recitata sunt, and below Intel-
:
sunt, qui cis Alpes sunt quoa ver adtulerit ex suillo ovillo
:
163. Liv. xxii. 10. Used after the battle at the Lacus Trasimennus
537/217. The ver sacrum was an ancient Italic custom. It was vowed when
the state was in extreme peril all the young animals born in a particular
:
season were sacrificed. There are indications that in remote antiquity even
the children born shared the same fate. The above is not exactly the form
of the vow itself, but the proposal made to the comitia. The language, how-
ever, emanated from the pontifices, and consists in great part of pontifical
formulae, which betray here and there their ancient verse-form. I follow
Weissenborn's text (1877). —
servaverit: subject is Iuppiter, who is named
a little below. — duit: Introd. 60. quod duellum — quaeque du- . . .
ella: these relative clauses define hisce duellis above. — bovillo (= bu-
bulo) a very rare word.
is —
quaeque profana and which shall erunt :
'
not have been already consecrated to some otherdeity.' Iovi fieri is the —
explanation to donum above fieri immolari.
;
=
ex qua die: the time —
within which the animals born are to be sacred, is to be fixed by public
authority, not left to each individual's preference. — qua lege —t/un ritu :
cp. n. 92.
— profanum esto: "let it be as if the animal had not been
consecrated,' so that the failure to offer it shall be accounted no fault.—
N. 164-166.] FRAGMENTS OF THE 'LEGES REGIAE.' 81
Form of Adrogatio.
rumpet :
'
shall injure,'
'
mar.' — clepsit (= clepserif) formed like faxit. —
black days,' on which it was wrong to sacrifice, were especially
'
atro die :
legal and religious maxims, of great antiquity, so far as their contents are
concerned, but of uncertain origin. The oldest collection of them bore the
name of Papirius. In so far as they embody actual ancient formulae, they
were certainly once versified. But they had at an early time been freely
modernized. This first fragment is in Festus^p. 230. There is a gap of
several words; plorassit is inferred. Compare the next. Both laws pun-
ished maltreatment of parents. — estod: Introd. 62.
166. Fest., ibid.
— verberit: pres. indie, of an otherwise unknown
*verberire = verberare. For the tense see on n. 171.— ast and if,' intro-
:
'
any one might lawfully kill the offender. divis tutelary or family gods.— :
82 REMNANTS OF EARLY LATIN. [n. 167-170.
167. Plin. H. X., xiv. 12. Attributed to Numa, as are also the next five.
— respargito = respergito. Cp. aspargit, Lucr. i. 719.
168. Festus, p. 222: Gell. iv. 3. —
paelex: concubine,' of a married
'
knees.' He must be lifted as little as possible from the ground, and buried
on the spot, without funeral rites (iusta). The man was thought to have
been accursed, as stricken down by Jove in his wrath.
170. Fest., p. 189, where it is badly muddled. Luckily the substance of
the law is known from Plutarch, Marc. 8. I
give it nearly according to
Hertzberg's emendation, who, with one or two transpositions, some ad-
ditions, and the change of cuius to cui suo at the beginning, has produced
the requisite sense. Opima spolia are obtained when the Roman com-
mander kills the leader of the enemy in single combat the victor gets for :
this a reward of 300 asses. Secunda and tertia spolia are evidently
taken, presumably from the hostile leader, by some other person than the
commander, but by whom we do not know for these a reward of 200 and ;
100 asses respectively is given. In all three cases the commander, under
whose auspices the victory was gained, performs the proper sacrifices. —
cui =
a quo. —
classe procincta: 'with army girded' for battle (with
' '
the cinctus Gabinus) that is, in regular pitched battle.
;
Army,' not fleet,'
is the older meaning of classis. —
Iovi Feretrio: whose temple was on
the Capitol: cp. Liv. i. 10. — darier (Introd. 64) : sc. ei. — trecentos :
N. 171-173.] FRAGMENTS OF THE 'LEGES REGIAE.' 83
171. Si qui hominem liberum dolo sciens morti duit, parici das
esto.
'tohim who took them let him (the commander) give,' etc. Ianui /anus — :
seems here an u-stem, Ianu-. But very likely Ianuo should be read. Cp.
ianua, Ianua-rius. For /anus Quirinus see on 160 (b). dis piaculum —
dato these words are uncertain and obscure.
:
60, is subjunctive of the same. In these ancient laws the present indicative
is often used in the condition, where later usage would demand the future
or future perfect. See n. 174, and others following. So Plaut. Trin. 156,
si . . . revenit, reddam suom sibl. — paricidas : survival of nominative ^£_
174. The Twelve Tables, the first regular code of written law which the
Romans had, date from 303/451 (the decemviri the last two tables were ;
added the following year), and were based upon the older unwritten and
imperfectly formulated laws of custom, introducing, however,
some inno-
vations. The laws were written on twelve tablets of bronze, but it is
doubtful whether these originals survived the capture of the city by the
Gauls, 364/390. The scanty existing fragments have been much mod-
ernized their distribution among the different tables is far from certain.
;
sary. How this was performed the student will remember from Hor. Sat.
i Q 7 6. — igitur: 'then.' — em: 'him.' Introd. 47. —
si calvitur. . .
ancients themselves did not know, but on tne whole thought it to mean run
'
away.' Can it be brace the feet,' like one resisting a pull ? endo iacito
' —
= inicito, but not yet fused into a compound. A greater degree of force
seems to be implied than in capito. — Si morbus, etc.: if the defendant is
illor decrepit, the plaintiff must provide a vehicle, but this need not be a
covered carriage unless he chooses. aevitas aetas. —
vitium hin- = — :
'
drance.' —
escit =
^// for *es-scit, an inceptive present-formation, not
with a distinct future meaning^ After escit Schoell has
yet, as in Lucretius,
removed the interpolation qui in ius vocabit. iumentum: 'team,' im- —
plies here, as often
in our parlance, some sort of vehicle. arceram: a —
covered carriage, with a pallet for lying down. ne sternito: he need — '
not spread
'
unless he chooses. —
The three parts of this fragment are in
210 Gell. xx.
Porphyr. ad Hor. Sat. i. 9, 70 ; Fest., pp. 310, ; 1, 24, respectively.
N. 175-177.] LAWS OF THE TWELVE TABLES. 85
176. Rem ubi pacu nt, orato. Ni pacunt, in comitio aut in foro
ante meridiem caussam c ojciun to. Com peroranto ambo
praesentes. Post meridiem praesenti litem addicito. Sol
the defendant,
agrees to go before the magistrate as the representative of
and thereby takes upon himself the action in the stead of the latter. For the-
vindex at another stage of proceedings, see n. 179. — adsiduos :
'
perma-
nent settler,' and so '
land-holder,'
'
tax-payer,'
— belonging to one of the five
upper Servian classes. The proletarius, on the other hand, is a capite l
census, one of the sixth or lowest class. quis volet see n. 80 and note. — :
176. Partly Rhet. ad Her. ii. 13, 20; partly Gell. xvii. 2, 10. The trial.
'Where they (the litigants) compromise the matter, let him (the magistrate)
announce it. If they do not compromise, let them state briefly each his own
side of the case, in the comitium or the forum, before noon. (Afterwards)
let them talk it out together, while both are present. (In case either party
has failed to appear) after noon, let the magistrate pronounce judgment in
favor of the one who is present. (If both are present) the trial may last till
sunset, but not later."
—
pacunt: Ter. Scaurus and Quintilian both read
this c osg. not quite certain whether this old present (cp. n. 193)
Still it is
= sunset :
cp. ante so/em
occasum, Plant. Epid. i. 2, 41.
— suprema tempestas :
'
the latest hour
'
hurtful,'
'
language meant either of the litigants, whoever is involved in a res ; cp. Cic.
de Orat. ii. 79. —
eo on this account.' diffensus from *diffendo ; put
:
'
— :
'
86 REMNANTS OF EARLY LATIN. [n. 178, 179.
III.
179. Acris confessi rebusque iure iudicatis XXX dies iusti sun-
to. Post deinde rnanus iniectio esto. In ius ducito. Ni
iudicatum facit aut quis endo eo in iure vindicit, secum du-
cito, vincito aut nervo aut compedibus, XV pondo ne minore
aut si volet maiore vincito. Si volet suo vivito. Ni suo
vivit, libras farris endo dies dato : si volet plus dato.
whom judgment has been pronounced, shall have thirty days to pay it in.
After that, forcible seizure of his person is allowed. The creditor is to bring
him before the magistrate. Unless he pays the amount of the judgment,
or some one in the presence of the magistrate (in iure) interferes in his
behalf as vindex, the creditor to take him home, and fasten him in
is
as it is, genitive and dative stand parallel thirty days shall be the lawful limit ;
'
tf/an acknowledged debt and for matters that have been decided.' Schoell
brackets rebusque iure so as to construe, '
for those who have been con-
demned in an acknowledged debt." — endo eo (= in eo) :
'
over him,' '
in
his behalf cp. in ea glaeba vindicarent, Gell. xx. 10, 9.
: vindicit prob- — :
tion, but In- became responsible for double the amount in case the cause
on rehearing was decided against him. nervo: Festus defines, ferreum — '
N. 180-183.] LAWS OF THE TWELVE TABLES. 87
CC IV.
182. Si pater filium ter venum duuit, filius a patre liber esto.
183. Uti legassit super pecunia tutelave suae rei, ita ius esto.
pounds day by day,' i.e., a pound every day.' Before libras was
'
dies :
'
though they add that no actual case of the kind was ever known. In point of
was waived, and the debtor sold into slavery. (Some mod-
fact this right
ern scholars understand secanto of a division of goods.) plus minusve — :
'
181. Cic. de off. i. 12. Against a foreigner the right in property shall
be everlasting,' meaning can never acquire a right by mere
that a foreigner
undisturbed occupation for any time {usucapio).
182. Ulp. fr. x. 1, Gaius i. 132. —
venum duuit venum dat, vetidit. =
Pres. indie., cp. n. 171. The uu
supposing that the spelling is right;
for ft,
but the form is not to be depended on, the chief ms. having davit. A father,
by virtue of the patria potestas, could sell his son, who thereby became the
mancipium of another. If emancipated, he fell back into the potestas of his
father again. But if this was repeated, at the third emancipatio he was free.
183. Ulp. fr. xi. 14. The validity of wills. —
legassit for the earliest :
time legare and testari must be understood of verbal wills. tutela suae —
rei of course in case the heirs are minors.
: ita ius esto —
so let it be :
'
binding.'
— intestato: impersonal abl. absolute, like inconsulto, necopi-
nato. — nec escit = non On est. escit, see n. 174, and note : nee = non.
88 REMNANTS OF EARLY LATIN. [n. 184-18&
famUiam habento.
VI.
e
188. Tignum iunctum aedibus vineave concapi^ne solvito.
as in neg-lego, etc. —
adgnatus : a blood-relation through males brother —
or sister, brother's son, etc. —
less comprehensive than cognatus. gen- —
tiles : all of the same^w.
184. Cic. de inv. ii. 50.— furiosus implies a greater degree of mad-
ness than /ffw»M.-adgnatum gen. plur.
:
185. Fest., p. 162. Schoell inserts this in the preceding fragment, after
escit.
—
;
'
'
ance of property. —
nuncupassit is to be understood of the formal decla-
ration of the contract before witnesses, which in early times took the place
of a written document. — ita ius esto: as 183. n.
187. Gell. xx. 10, 8. — Mantis conserere was a symbolical act, one of the
preliminaries to an action concerning property. It was the
formal claiming
of the disputed object by both parties: both laid hands on it at the same
time and pronounced certain formulae it had to be done in the presence of
:
the magistrate (in iure), who in early times, when land was in dispute,
went to the spot for the purpose later, a clod (glaeba) from the piece of
;
land was brought into court. On the basis of this the magistrate appointed
a day for trial. — Si in : so Schoell ;
Gellius si qui in.
189. . . .
quandoque sarpta donee dempta erunt . . .
VII.
agito.
VIII.
dassint :
'
have paved it ;
lapide strata.'
191. Pompon, in Dig. xl. 7, 21. An action might be brought against a
neighbor for damage occasioned by any acts of his which interfered with
the natural drainage of the land.
192. Plin. N. H. xxviii. 2, 17. The reference is to evil spells or incanta-
tions. There was also a law against libel,— which is also called by writers
malum carmen or famosum carmen, and for this the verb used in the —
XII Tables was
'
occentassit,'
90- REMNANTS OF EARLY LATIN. [s. 193-197.
193. The three parts from Gell. xx. i, 14 (and Fest., p. 177) Paul, ;
1 163.
— pacit: — talio: the retaliation, according to Cato,
cp. n. 176.
devolved on the next of kin. — os fregit as this was not a permanent :
another's crops by magic spells. Com p. Verg. Eel. viii. 99; Ovid. Am. iii.
of a theft which is not manifest, let the thief settle the damage by paying
double.' — adorat :
'
settling with the thief. — nee = no». — manifestum furtum : where the
'
hand." The penalty for a furtum nee manifestum was much less severe than
that for n furtum manifestum.
197. Serv. ad Aen. vi. 609. — sacer esto : see on n. 166.
.-v<iJL4
actual weighing-out of the price, at a time when as yet there was no coined
money. — fariatur :
present indicative from an otherwise unknown fari-
ari, 'speak,' derived, according to Corssen, from the noun-stem fario- con-
tained (with somewhat changed meaning) in ne-farius. Schoell changes
to */atiatxir, comparing infitiari. inprobus —
marked,' noted as dis- :
' '
199. Cic. pro Tull. 51 (cp. Top. 17). Accidental homicide. Note the
sudden change of subject, first telum and then the man.
200. Cic. Leg. ii. 23. Observe that burning is already introduced at
Rome, though burial was the ancient Roman custom.
201. Cic. ibid., who adds several other interesting particulars of the
sumptuary laws by which the Twelve Tables sought to repress undue splen-
dor of funerals. —
ascea elsewhere ascia. The funeral-pile is not to be
:
wailing
'
ergo, si arduuitur ei . . . .
XII. '
died abroad. Of course this did not forbid the simple taking up of the
ashes to be placed in an urn. — quo = ut.
204. Plin. N. H. xxi. 3, 7. — parit: 'obtains,' as a prize in public
games or otherwise. — pecunia :
'chattel'; as a horse or a slave which
he might send to compete in the games. Nominative case: 'whoever
wins a crown himself, or a chattel of his (does it for him)'; the relative
clause continued by a demonstrative. — honoris and si Schoell inserts.
— arduuitur =
addi tur: see n. 171, and for the double u on n. 182. —
There followed parentlve eius, se fraude or something similar, as we
esto,
208. Fest., p. 246, where the text is in sad condition but most of the ;
emendations which I have admitted are tolerably certain. The date of the
law has been put at 510/244, but this is not certain. oetier —
uti: cp. n. =
105,1.9.
—
coeretur {curetur\: Huschke's emendation for coaequetur. —
se = sine. — aequos a pleonasm like par pari and the like.
aequo :
the dry sextarius, but why it is so called I cannot tell. Perhaps because its
In 16gito a short thesis (n. 74, v. 4). The direction is, in brief, not to carry
off one's neighbor's fruit by the armful ;
the taking of single apples, pears,
213. (a.) Rex erit qui r£cte faciet, qui non faciet n6n erit.
210. Fest., p. 93. A dry winter and a wet spring make a large harvest.
— camille: 'boy.'
— The verses are hardly Saturnians, but rather such as
in n. 153 and fig. Introd. 69.
:
ever well they may advise, refuse them.' The genitive (if right) must be
explained by supposing the sentence incomplete.
— duonum :
cp. n. 75.
—
negumate = negate. — There were many collections of such vaticina-
tiones, partly very old, bearing the names, some of Faunus, Carmentis, and
others of Publicius and Marcius. We know that they were chiefly or alto-
gether in Saturnian or Saturnian-like rhythm. The specimens in Liv. v. 16
and xxv. 12 show evident traces of such rhythm, but are too much modern-
ized to have any linguistic interest.
217. Atilius Fortun. (or Caesius Bassus) p. 2679 P., p. 265 K. This and
,
the following three verses are from Saturnian inscriptions set up on the
docia.
219. Atil. Fort., p. 2698 P., p. 294 K.
220. Censorinus, spurious treatise, p. 615 K.
— triumphat: 'leads in
triumph.'
INDEX.
"By passim (pass.) is meant that a word or form occurs repeatedly in the numbel
or numbers indicated.
This index does not include, (1) nominatives plural in -ei, datives and ablatives
plural in -eis ; (2) genitives singular in -eifor-i; (3) accusatives plural in -Is or -eis ;
(4) infinitives passive in -ei ; (5) final -os and -om after u or v ; (6) final -m omitted;
nor, in general, (7) cases of double consonants written singly,
— unless the forms are
otherwise noteworthy.
s1
Aciles, p. 17. 11, 13. ar/uise, 82 .
97
9» REMNANTS OF EARLY LATIN.
camille, 210. comitia calata, p. 75. -a, 48, 50, 55, 90, 91;
Campania, political condi- comoine;«, 82 ". in -ai, 34, 70, 71,
73.
tion of, p. 54. Compagei, 109. Dative sing, of consonant-
2. stems in -e, 50, 53, 56,
Canoleios, 30. composeiverunt, 104
cante, 157. comvalem, 104 8 .
61-63, 72. 75,88,90,91,
Capital punishment, p. 31. comvovise, 82 1S . no.
captom, 150 ,3 M ''•. concapit, 188. Dative sing, of consonant
caputalem, 82 -'•. conctos, 149. and K-stems in -ei, 46,
18 10 .
Cartaciniensis, 150° .
condumnari, 103 74. 83. 85, 9 2 -96, 103 -',
23 ,2 106 II
Cartago, p. 69. conflovont, 104 .
105 , *•, no,
Casentera, p. 17. conioura^c, S2 •*. in, 114.
castellitm, p. 27. coniunxs, 141. Dative and Ablative plur.
Castorus, 103 I7 .
conlegium, -io, 109. of 0-stems in -is, 57,
s0
castud, 73. conleibertus, 141. 104 , 136.
cau/as, 106 II 41 .
conpromesise, 82 I4 . Dca Dia, p. 65.
caussa, -am, 86, 176. conquaeisivei, 100. decemviri slitibus in
cavitum, p. 69. consol, 58, 74, 75,84,85, dicandis, p. 26.
ceivis, 82
7.
87,150". decemviri sacris fa
censor, 74, 75. consolto, 101. ciitndis, p. 26.
cepet, 150". consoltu, p. 21. decoraat, 139.
Cererus, 108. consoluerunt, 82 '. decreivit, 81.
cerus, 157, p. 75. conspondise, 82". Dectuninebus, 104
3!>
.
,2
dederont, 66. ee, 141. familias, 103 , 164, 208.
dedet, -et, 48, 62-64, 75. eeis, nom. plur., 82 *. fariatur, 198.
dedier, 160 a. eeis, dat. ablative plural, faxit, 80, 163, 172, 206,
82 6 25 . 208.
dedro, dedrot, 49, 50.
'
deicerent, 82
4 . eidem, nom. sing., ioo, fecei, 100.
s. fecid, 34.
deicito, 103 141.
dismota, 82 3 °.
escit, 174, 183, 184. Freedman of two masters,
Dissimilation, pp. 26, 29. escunt, 205. P- 55-
dixserunt, 104
3.
estod, 80, 165. Freedman takes master's
domneis, p. 69. excantassit, 194. gentilician name, p. 17.
s2 .
dorsum, 104 ° ~°. exdeicatis, 82 firm' with accus., p. 45.
s. 32 .
duellum, -o, -a, -is, 163, exdeicendum, 82 fruimino, 104
218, p. 23. Execution for debt, p. 86. fu, 149.
2
Duelonai, 82 . exemet, 150. fuet, 75.
14
duis, subjunct., 153 . exfociont, 150. fugiteivos, 100.
9.
duit, indie, 171. exsigito, 103 fuit, fuit, 74.
s In21
Luciom, 75. meliosem, p, 75. nisei, 82 .
32 st *°.
Lucius, 74. Menerva, -vai, 36, 71. nive, 104
lue' n , 149. Menolavi, 146. tioemires, 124, 130.
lumphieis, 116. mercassitur, p. 69. nomen Latinutn p. 29. ,
luuci, 103
4.
in, 117. Nominative singular of
lux, masculine, p. 38. meritod, 69. 0-stems in -os or -o» (not
mieis, 79. after ?t, v), 17, 28-44
»i final not counted in mihe, 143. pass., 48, 57-72 pass.,
scanning, p. 24. miliarios, 100. 74, 75, 124, 172, 150
Maarco, 137. militare, nom. masc, 63, pass.; in -is (for -ios) ,
magistreis, 107, 108. Mistakes of gravers and stems in -e. 65, 75, 102;
5.
manus, 'good,' p. 75. multam petere, p. 38. nontiata, 105
manus consertae, p. 88. Municipal magistrates, p. nostrorum = nostrum,
Marcelus, 87. 60. 159-
5 29 37 .
Marcius, vates, p. 94. Muucio, 104 Nouceriam, 100.
s3 .
mareitum, 138. noundinum, 82
Marica, dat. sing., 55. naatam, 141. Novensides, Noveusiles,
navaled, 150 n
10
marid, 150° . .
di, p. 77.
Marmar, Marmor, 149. navebos, 150 6 8 . Novesedes, 57.
Mars, god of husbandry, nee for non, 183, 196. nox= noc tit, 195.
4
p. 71. necesus, 82 . noxit, 206.
Marsuas, 40. negumate, 216. nuges, abl. plur., 136.
matrona, nom. plur., 49, nei, in', and ne, p. 28. nuncupassit, 186.
s '
5°- nei, 103 104 nuntius, etymology, p,
olleis, 106 I 5. Perfect, third purs. sing, pipulus and plebs distin-
10 . guished, p. 40.
obrom, 150 in -el(-et), 48,62-64, 75,
28
omnia, 76. 104 , l^opass. ; in -<//, p,'r-, pos-, prepos., p. 35
opos, 29. in -rout, 65, 66, 157; potior, fall into hands
pacit, pacunt, 176, 193. plebi, gen. sing., 103 '". praitores, 89.
Painiscos, 40. pleores, 149. preivatod, 82
Paistano" 1
, gen. plur., 9. ploirume. 75.
l'r< positions as proclitics,
/Vile. plorassit, 166. p. 42.
as adverbs,
Paperius, 102. plouruma, 136. Prepositions
>» 2°.
parentatid, 80. pious, 82 pp. 84, 85.
,0 . nt indie, in future
pariat, 103 plusima, p. 75.
proxsumeis, 103
14 I6
**. respargito, 167. si deus, si dea, 73.
5. 4
/»ucnandod, 150 restitistei, 137. sibei, 79, 82 , 148.
pulcrai, 138. Retus, 31. sibei read sibi, p. 26.
2I 6 2 6
quaistcr, 78. siet, 103 , 104 , 156 ,
quius, 144. sei, 76, 80, 82 SM!8 , 103 Sta//«.f, praenomen, 48.
4.
quom, prepos., 77, p. 25. senati, 101, 104 Surus, 121.
quom causal with indie, senatorbus, 82 6. suso vorsum, 104 7 .
7 8 15
p. 49. senatu, gen. sing. (?), susum, 104 .
12 .
quor.que, 105 117.
106 12 . s9
quosquequomque, senatuei, 105 tabelai, 82 .
10 . lr 21 23
II senatuos, 82 s . tabelarios, 100.
104 REMNANTS OF EARLY LATIN.
8.
tabolam, 82 *. tov<2w, 112. vectigal, masc, 104
80 .
2I
taboleis, 103 tremonti, 157. Vediovei, 92.
tarn quasei set, 109. tresviri a. i.a.ox a.d.a., veiginti, 139.
taxat, 208. pp. 36, 38. veitae, 139.
taxsat, 103 > 2 . tresviri capitales, p. 38. veivont, 148.
teatro, 109. tresviri rcjiciendis aed- veixsit, 141.
Teiburtes, 105 3 . iiits, p. 32. Velena, p. 17.
Telis, 38. Tribe, designation of, p. Venerei, 114.
Tempestatebus, 75. 16. Venerus, 107, 115.
12 .
Temples of Castor and triresmos, 150 Venos, 42, 43.
Saturn, p. 40. tris, 207. venum duuit, 182.
termina, 104 9 .
triumviri, see tresviri. verberit, 166.
Terminalia, p. 56. Tulius, 89. Vertuleieis, nom. plur.,
43 .
37- ultuma, 144. vincoleis, 104
testumonium, 103
3.
utei, 81 ,
82 pass., 104 33 , vindex, p. 85.
4 10 106 pass., 109.
tet, 157. 105 , vindicit, 179.
Tetios, 48. utei with subjunctive in virtutei, abl., 77.
Theft, p. 90. command, p. 30. vita, nom. sing., 77.
Third person sing, in -at, utier, 76. vitium,' hindrance, 'p. 84.
17
(not after u, v), 65, 66, vocitatust, 104 .
Tianom, ge n. plur., 14. V&lesi, praenomen, 68. versus, set nom., p. 40.
'
CI.
io6 REMNANTS OF EARLV LATIN.
1 1.
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