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ACCENSIVIATORES STATOR- CARNIFEX.

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mounting from horseback, uncovering the head, going out of the way, and also rising up to them, &c. Suet. Jul. 78. [Liv. xxiv. 44.]

3. To inflict punishment on those who were condemned, which they were ordered to do in various forms: I, LICTOR COLLIGA MANUS; İ, CAPUT OBNUBE HUJUS; ARBORI INFELICI SUSPENDE; VERBERATO VEL INTRA POMERIUM vel extra POMERIUM, Lir. i. 26. I. LICTOR DELIGA AD PALUM, Id. viii. 7. ACCEDE, LICTOR, VIRGAS ET SECURES EXPEDI, Id. viii. 32. IN EUM LEGE age, i. e. securi percute, vol feri,

xxvi. 16.

The lictors were usually taken from the lowest of the common people, Liv. ii. 55., and often were the freedmen of him on whom they attended. They were different from the public slaves, who waited on the magistrates, Cic. in Ver. i. 26.

IV. ACCENSI. These seem to have had their names from summoning (ab acciendo) the people to an assembly, and those who had lawsuits to court (in jus). One of them attended on the consul who had not the fasces, Suet. Jul. 20. Lir. iii. 33. Before the invention of clocks, one of them called out to the prætor in court when it was the third hour, or nine o'clock, before noon; when it was mid-day, and the ninth hour, or three o'clock afternoon, Varro de Lat. Ling. v. 9. Plin. vii. 60. They were commonly the freedmen of the magistrate on whom they attended; at least in ancient times, Cie ad Fratr. i. 1. 4. The Accensi were also an order of soldiers, called Superiomerarii, because not included in the legion, Veget. ii. 19. Ascom in Cre. Verr. i. 28. Liv. viii. 8. 10. [So called, quia accensebantur, vel ad censum adjiciebantur.]

V. VIATORES [couriers, runners). These were properly the officers who attended on the tribunes, Lir. ii. 56, and acies xxx. 39. Anciently they used to summon the serators from the country where they usually resided; whence they had their name (quod raje in vià essent), Cic. de Sen. 16. Columell. Præf. 1. See p. 8.

["The STATOR was an officer or serjeant, who stood beside the magistrate, ready to execute his orders, chiefly, if not entirely, as a messenger. 'Literas tuas a te mihi stator tuus reddidit, Cic. Fam. Ep. xi. 17. Præsto mihi fuit stator ejus cum literis, Id. x. 21. In the reign of the emperors, the Statores guarded the back part of the Prætorium, or general's tent; and they were called Statores pretorii. In each camp there were two centuries of Statores, under the command of the Evocati," Crombie's G. ii. 197.]

VI. CARNIFEX. The public executioner or hangman, who executed (supplicio afficiebat) slaves, and persons of the lowest rank: for slaves and freedmen were punished in a manner different from freeborn citizens, Tacit. Annal. iii. 50. The carnifer was of servile con➡ dition, and held in such contempt that he was not permitted to reside within the city, Cic. pro Rabir. 5., but lived without the Porta Media, or Esquilina, Plaut. Pseud. i. 3. r. 98., near the place destined for the punishment of slaves (juxta locum servilibus ponis repositum, Tac. Annal. xv. 60.) called Sestertium, Plutarch in Galb, where were erected crosses and gibbets (cruces et patibula, Tac. Antal, xív. 33.), and where also the bodies of slaves were burnt, Plaut. Cas. is. 6. v. 2., or thrown out unburied, Hor. Epod. v. 93.

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LAWS OF THE ROMANS.

under the Triumviri capitales, who had only the superintendence or care of it: hence tradere vel trahere ad carnificem, to imprison, Plaut. Rud. iii. 6. v. 19.

LAWS OF THE ROMANS.

THE laws of any country are rules established by public authority, and enforced by sanctions, to direct the conduct and secure the rights of its inhabitants. (LEX justi injustique regula, Senec. de Benef. iv. 12. LEGES quid aliud sunt quàm minis mixta præcepta? Id. Epist. 94.) The laws of Rome were ordained by the people, upon the application of a magistrate (rogante magistratu). See p. 82. 85.

The great foundation of Roman law or jurisprudence (Romani juris) was that collection of laws called the law, Liv. xxxiv. 6., or laws of the Twelve Tables, compiled by the decemviri, and ratified by the people (see p. 140.); a work, in the opinion of Cicero, superior to all the libraries of philosophers (omnibus omnium philosophorum bibliothecis anteponendum), de Orat. i. 44. Nothing now remains of these laws, but scattered fragments.

The unsettled state of the Roman government, the extension of the empire, the increase of riches, and consequently of the number of crimes, with various other circumstances, gave occasion to a great many new laws (corruptissima republica plurimæ leges, Tacit. Annal. iii. 27.).

At first those ordinances only obtained the name of laws, which were made by the Comitia Centuriata (POPULISCITA), Tacit. Annal. iii. 58., but afterwards those also which were made by the Comitia Tributa (PLEBISCITA), when they were made binding on the whole Roman people; first by the Horatian law (ut quod tributim plebes jussisset, populum teneret), Liv. iii. 55., and afterwards more precisely by the Publilian and Hortensian laws (ut plebiscita OMNES QUIRITES tenerent), Liv. viii. 12. Epit. xi. Plin. xvi. 10. s. 15. Gell. xv. 27.

The different laws are distinguished by the name (nomen gentis) of the persons who proposed them, and by the subject to which they refer.

Any order of the people was called LEX, whether it respected the public (jus publicum vel sacrum), the right of private persons (jus privatum vel civile), or the particular interest of an individual. But this last was properly called PRIVILEGIUM, Gell. x. 20. Ascon. in Cic. pro Mil.

The laws proposed by a consul were called CONSULARES, Cic. Sext. 64., by a tribune, TRIBUNITIÆ, Cic. in Rull. ii. 8., by the decemviri, DECEMVIRALES, Liv. iii. 55, 56, 57.

DIFFERENT SIGNIFICATIONS OF JUS AND LEX, AND THE DIFFERENT SPECIES OF THE ROMAN LAW.

THE words Jus and Lex are used in various senses. They are both expressed by the English word LAW.

Jus properly implies what is just and right in itself, or what from any cause is binding upon us, Cic. de Offic. iii. 21. Lex is a written

JUS, LEX-JUS NATURÆ, CIVIUM, ETC.

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statute or ordinance: (LEX, quæ scripto sancit, quod vult, aut jubendo, aut vetando. Cic. de Legg. i. 6. a LEGENDO, quod legi solet, ut innotescat, Varro de Lat. Ling. v. 7. legere leges propositas jussere, Liv. iii. 34. vel a delectu, Cic. de Legg. i. 6. a justo et jure legendo, i. e. eligendo, from the choice of what is just and right, Id. ii. 5. Lex, justorum injustorumque distinctio, ibid. Græco nomine appellata Nóμos, a suum cuique tribuendo, Id. i. 6.)

Jus is properly what the law ordains, or the obligation which it imposes; (est enim JUS quod LEX constituit, That is law, or, That is binding, which the law ordains, Cic. de Legg. i. 15. ad Herenn. ii. 13.) Or, according to the Twelve Tables, QUODCUNQUE POPULUS JUSSIT, ID JUS ESTO, Liv. vii. 17. ix. 33. QUOD MAJOR PARS JUDICARIT, ID JUS RATUMQUE ESTO, Cic.

But jus and lex have a different meaning, according to the words with which they are joined: thus,

Jus NATURÆ vel NATURALE, is what nature or right reason teaches to be right; and jus GENTIUM, what all nations esteem to be right: both commonly reckoned the same, Cic. Sext. 42. Harusp. resp. 14.

Jus civium vel CIVILE, is what the inhabitants of a particular country esteem to be right, either by nature, custom, or statute, Cic. Topic. 5. Off. iii. 16, 17. de Orat. i. 48. Hence constituere jus, quo omnes utantur, pro Dom. cui subjecti sint, pro Cæcin. So jus Romanum, Anglicum, &c. When no word is added to restrict it, Jus CIVILE is put for the civil law of the Romans. Cicero sometimes opposes jus civile to jus naturale, Sext. 42., and sometimes to what we call Criminal law (jus publicum), Verr. i. 42. Cæcin. 2. in Cæcil. 5.

Jus COMMUNE, what is held to be right among men in general, or among the inhabitants of any country, Cic. Cæcin. 4. Digest. et Institut.

Jus PUBLICUM et PRIVATUM, what is right with respect to the people (quasi jus populicum), or the public at large, and with respect to individuals; political and civil law, Liv. iii. 34. Cic. Fam. iv. 14. Plin. Epist. i. 22. But jus publicum is also put for the right which the citizens in common enjoyed (jus commune), Terent. Phorm. ii.

2.65.

Jus SENATORIUM (pars juris publici), what related to the rights and customs of the senate; what was the power of those who might make a motion in the senate (quæ potestas referentibus, see p. 12.) what the privilege of those who delivered their opinion (quid censentibus jus); what the power of the magistrates, and the rights of the rest of the members, &c. Plin. Ep. viii. 14.

Jus DIVINUM et HUMANUM, what is right with respect to things divine and human, Liv. i. 18. xxxix. 16. Tacit. Annal. iii. 26. 70. vi. 26. Hence, fas et jura sinunt, laws divine and human, Virg. G. i. 269. Contra jus fasque, Sall. Cat. 15. Jus fasque exuere, Tacit. Hist. iii. 5. Omne jus et fas delere, Cic.* Quo jure, quave injuria, right

Gesner defines

"Fas regards duty in respect to God, jus in respect to man. fas thus: Quod pium est, et religiosum, et fari dignum, et ad Deos refertur, sicut justum ad homines.' The glowing imagination of Tacitus has probably led him to be guilty of an impurity in the use of fas. He talks of the fas gentium, armorum, patrie, supposing that the rights peculiar to each were constantly recognised by the

M

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JUS PRÆTORIUM, PRÆDIATORIUM, etc.

or wrong, Terent. And. i. 3. 9. Per fas et nefas, Liv. vi. 14. Jus et injuriæ, Sall. Jug. 16. Jure fieri, jure casus, Suet. Jul. 76.

Jus PRETORIUM, what the edicts of the prætor ordained to be right, Cic. de Offic. i. 10. Verr. i. 44.

Jus HONORARIUM. See p. 112.

Jus FLAVIANUM, ELIANUM, &c. the books of law composed by Flavius, (Liv. ix. 46.) Elius, &c. URBANUM, i. e. CIVILE privatum, ex quo jus dicit prætor urbanus, Cic. Verr. Act. i. 1.

Jus PRÆDIATORIUM. The law observed with respect to the goods (prædia vel prædia bona, Ascon. in Cic.) of those who were sureties (prædes) for the farmers of the public revenues, or undertakers of the public works (mancipes), which were pledged to the public (publico obligata vel pignori opposita), and sold, if the farmer or undertaker did not perform his bargain, Cic. pro Balb. 20. Verr. i. 54. Fam. v. 20. Suet. Claud. 9. Hence PRÆDIATOR, a person who laid out his money in purchasing these goods, Cic. Att. xii. 14. 17., and who, of course, was well acquainted with what was right or wrong in such matters (juris prædiatorii peritus), Id. Balb. 20.

Jus FECIALE, the law of arms or heraldry, Cic. Offic. i. 11., or the form of proclaiming war, Liv. i. 32.

Jus LEGITIMUM, the common or ordinary law, the same with jus civile, Cic. pro Dom. 13, 14., but jus legitimum exigere, to demand one's legal right, or what is legally due, Fam. viii. 6.

Jus CONSUETUDINIS, what long use hath established, opposed to LEGE jus or jus scriptum, statute or written law, Cic. de Invent. ii. 22. 54. Jus civile constat aut ex scripto aut sine scripto, 1. 6. D. de Justit. et Jur.

Jus PONTIFICIUM vel SACRUM, what is right with regard to religion and sacred things, much the same with what was afterwards called Ecclesiastical Law, Cic. pro Dom. 12, 13, 14., de Legibus, ii. 18, &c. Liv. i. 20. So Jus religionis, augurum, cæremoniarum, auspiciorum, &c.

Jus BELLICUM vel BELLI, what may be justly done to a state at war with us, and to the conquered, Cæs. de Bell. G. i. 27. Cic. Off. i. 11. iii. 29. Liv. i. 1. v. 27. Hence, Leges silent inter arma, Cic. in Mil. 4. Ferre jus in armis, Liv. v. 3. Facere jus ense, Lucan. iii. 821. viii. 642. ix. 1073. Jusque datum sceleri, a successful usurpation, by which impunity and a sanction were given to crimes, Id. i. 2.

JURIS disciplina, the knowledge of law, Cic. Legg. i. 5. intelligentia, Phil. ix. 5. interpretatio, Off. i. 11. STUDIOSI juris, i. e. jurisprudentiæ,

gods, who would hereafter punish every violation of them. Jus differs from fas, in referring to right, as existing between man and man, and as the foundation of civil society. It relates either to systems of written laws, by which particular communities are governed, or to certain innate apprehensions of justice, which all men entertain, and feel to be binding on the species. Cic. pro Sext. 22. Vim volumus extingui? jus valeat necesse est, id est judicia, quibus omne jus continetur. Here jus denotes the code of statutes or enactments, by which civil society is maintained in particular countries. Cic. de Inv. 82. Naturæ jus est, quod non opinio genuit, sed quædam innata vis inseruit. Here jus regards all those natural impressions of justice of which mankind are conscious, but which have been reduced to no system.". Hill's Synonyms.

JUS, EQUITAS — JUS REGNI, ETC.

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Students in law, Suet. Ner. 32. Gell. xii. 13. Consulti, periti, &c. Lawyers, Cic.

JURE et legibus, by common and statute law, Cic. Verr. i. 42. 44. So Horace, Vir bonus est quis? Qui consulta patrum, qui leges, juraque servat, &c. Epist. i. xvi. 40. Jura dabat legesque viris, Virg. En. i. 509.

But JURA is often put for laws in general; thus, Nora jura condere, Liv. iii. 33. JURA inventa metu injusti fateare necesse est, Horat. Sat. I. iii. 111. Art. P. 122. 398, civica jura respondere, Ep. 1.

3. 23.

Jus and ÆQUITAS are distinguished, Cic. Of. iii. 16. Virg. Æn. ii. 426., jus and justitia; jus civile and leges, Phil. ix. 5. So .Equun et bonum, is opposed to callidum versutumque jus, an artful interpretation of a written law, Cacin. 23. Summum jus, the rigour of the law, summa injuria, Off. i. 10. Summo jure agere, contendere, experiri, &c. to try the utmost stretch of law.

Jus vel JURA Quiritium, cirium, &c. See p. 43, &c.

JURA sanguinis, cognationis, &c. necessitudo, v. jus necessitudinis, relationship, Suet. Calig. 16.

Jus regni, a right to the crown, Liv. i. 49. Honorum, to preferments, Tacit. xiv. 5. Quibus per fraudem jus fuit, power or authority, Sallust. Jug. 3. Jus luxuriæ publicæ datum est, a licence, Senec. Epist. 18. Quibus fallere ac furari jus erat, Suet. Ner. 16. In jus et ditionem vel potestatem alicujus venire, concedere, Liv. and Sall. Habere jus in aliquem; sui juris esse ac mancipii, i. e. sui arbitrü et nemini parere, to be one's own master, Cic. In controverso jure est, it is a point of law not fixed or determined, Liv. iii. 55.

Jus dicere vel reddere, to administer justice. Dare jus gratia, to sacrifice justice to interest, Liv.

Jus is also put for the place where justice is administered; thus, Is JUS EAMUS, i. e. ad prætoris sellam, Donat. in Ter. Phorm. v. 7. 43. 88. In jure, i. e. apud prætorem, in court, Plaut. Rud. iii. 6. 68. Men. iv. 2. 19. De jure currere, from court, Cic. Quint. 25.

LEX is often taken in the same general sense with Jus: thus, Lex est recta ratio imperandi atque prohibendi, a numine deorum tracta; justorum injustorumque distinctio; æternum quiddam, quod universum mundum regit; -Consensio omnium gentium lex naturæ putanda est; non scripta sed nata lex: Salus populi suprema lex esto; fundamentum libertatis, fons æquitatis, &c. Cic. de Legg.—pro Clu

ent. 53.

LEGES is put, not only for the ordinances of the Roman people, but for any established regulations; thus, of the free towns, LEGES MUNICIPALES, Cic. Fam. vi. 18., of the allied towns, Verr. ii. 49, 50, of the provinces, ibid. 13.

When LEX is put absolutely, the law of the Twelve Tables is meant; as, LEGE hæreditas ad gentem Minuciam veniebat, Cic. Verr. i. 45. Ea ad nos redibat LEGE hæreditas, Ter. Hecyr. i. 2. 97.

LEGES CENSORIÆ, forms of leases or regulations made by the censors, Cic. Verr. i. 55. iii. 7. Prov. Cons. 5. Rabir. Perd. 3. Ad Q.

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