2 thought proper, without consulting the senate; to abrogate old laws and introduce new ones; and, in short, to determine every thing according to their own pleasure; by their answers to the applications or petitions presented to them;1 by their mandates and laws, &c. Vespasian appears to have been the first who made use of these rescripts and edicts. They became more frequent under Hadrian: from which time the decrees of the senate concerning private right began to be more rare; and at length under Caracalla were entirely discontinued. The constitutions of the emperors about punishing or rewarding individuals, which were not to serve as precedents, were called PRIVILEGIA.3 This word anciently used to be taken in a bad sense; for a private law about inflicting an extraordinary punishment on a certain person without a trial, as the law of Clodius against Cicero, which Cicero says was forbidden by the sacred laws and those of the twelve tables. The rights or advantages granted to a certain condition or class of men, used also to be called PRIVILEGIA;6 as the privileges of soldiers, parents, pupils, creditors, &c. 5 The various laws and decrees of the senate, whereby supreme power was conferred on Augustus, and which used to be repeated to the succeeding emperors upon their accession to the empire, when taken together, are called the Royal law, probably in allusion to the law by which supreme power was granted to Romulus.8 THE EQUITES. THE equites at first did not form a distinct order in the state. When Romulus divided the people into three tribes, he chose from each tribe 100 young men, the most distinguished for their rank, their wealth, and other accomplishments, who should serve on horseback, and whose assistance he might use for guarding his person. These 300 horsemen were called CELERES, and divided into three centuries, which were distinguished by the same names with the three tribes: namely, RAMNENSES, TATIENSES, and LUCeres. The number of the equites was afterwards increased, first by Tullus Hostilius, who chose 300 from the Albans ;10 then by Tarquinius Priscus, who doubled their number; retaining the number and names of the centuries; only those who were added were called Ramnenses, Tatienses, Luceres, posteriores. But as Livy says there were now 1800 in the three centuries, Tarquin seems to have done more than double them.1 Servius Tullius made eighteen centuries of equites; he chose twelve new centuries from the chief men of the state, and made six others out of the three instituted by Romulus. Ten thousand pounds of brass were given to each of them to purchase horses; and a tax was laid on widows, who were exempt from other contributions, for maintaining their horses.2 Hence the origin of the equestrian order, which was of the greatest utility in the state, as an intermediate bond between the patricians and plebeians. 3 At what particular time the equites first began to be reckoned a distinct order, is uncertain. It seems to have been before the expulsion of the kings. After this all those who served on horseback were not properly called EQUITES or knights, but such only as were chosen into the equestrian order, usually by the censor, and presented by him with a horse at the public expense, and with a gold ring. 4 The equites were chosen promiscuously from the patricians and plebeians. Those descended from ancient families were called ILLUSTRES, SPECIOSI, and SPLENDIDI. They were not limited to any fixed number. The age requisite was about eighteen years, and the fortune,5 at least towards the end of the republic, and under the emperors, was 400 sestertia, that is, about 3,2291. of our money. According to some, every Roman citizen whose entire fortune amounted to that sum, was every lustrum enrolled, of course, in the list of equites. But that was not always the case. A certain fortune seems to have been always requisite. The badges of equites were, 1. a horse given them by the public; hence called LEGITIMUS; 2. a golden ring, whence ANNULO AUREO DONARI,9 to become a knight; 3. angustus clavus, or tunica angusticlavia; 4. a separate place at the public spectacles, according to the law made by L. Roscius Otho, a tribune of the people, A. U. 686,10 that the equites should sit in 14 rows,11 next to the orchestra, where the senators sat; whence SEDERE IN QUATUORDECIM, or in EQUESTRIBUS; or SPECTARE IN EQUITE,12 to be a knight. 11 The office 13 of the equites at first was only to serve in the army: but afterwards also to act as judges or jurymen,11 and to farm the public revenues.1 Judges were chosen from the senate till the year of the city 631, at which time, on account of the corruption of that order, the right of judging was transferred from them to the equites, by the Sempronian law, made by C. Gracchus. It was again restored to the senate by Sylla; but afterwards shared between the two orders. 2 The equites who farmed the revenues were divided into certain societies, and he who presided in such a society was called MAGISTER SOCIETATIS." These farmers3 were held in such respect at Rome, that Cicero calls them homines amplissimi, honestissimi, et ornatissimi; flos equitum Romanorum, ornamentum civitatis, firmamentum reipublicæ. But this was far from being the case in the provinces, where publicans were held in detestation," especially their servants and assistants. 6 A great degree of splendour was added to the equestrian order by a procession which they made through the city every year on the fifteenth day of July,' from the temple of Honour, or of Mars, without the city, to the Capitol, riding on horseback, with wreaths of olive on their heads, dressed in their toge palmate, or trabeæ, of a scarlet colour, and bearing in their hands the military ornaments which they had received from their general, as a reward for their valour. At this time it was not allowable to cite them before a court of justice: such was at least the case under Augustus,9 Every fifth year, when this procession was made, the equites rode up to the censor seated in his curule chair, before the Capitol, and dismounting, led along 10 their horses in their hands before him, and in this manner they were reviewed." If any eques was corrupt in his morals, or had diminished his fortune, or even had not taken proper care of his horse, the censor ordered him to sell his horse,12 and thus he was reckoned to be removed from the equestrian order; hence ADIMERE EQUUM, to degrade an eques: but those whom the censor approved, were ordered to lead along 13 their horses. 14 At this time also the censor read over a list of the equites, and such as were less culpable were degraded 15 only by passing over their names in the recital. 16 We find it mentioned as a reward, that a person should not be obliged to serve in the army, nor to maintain a public horse, but this exemption could be granted only by the people.18 17 The eques whose name was first marked in the censor's books, was called EQUESTRIS ORDINIS PRINCEPS, 19 or PRINCEPS JUVENTUTIS; not that in reality the equites were all young men, for many grew old in that order, as Mæcenas and Atticus; and we find the two censors, Livius and Nero, were equites,1 but because they had been generally so at their first institution; and among the Romans men were called juvenes till near fifty. Hence we find Julius Cæsar called adolescentulus, when he stood candidate for being high-priest, although he was then thirty-six years old, and Cicero calls himself adolescens when he was consul.2 Under the emperors, the heirs of the empire were called principes juventutis, vel juvenum.3 We find this name also applied to the whole equestrian order.1 PLEBEIAN OR POPULAR ORDER. In ALL the other Roman citizens, besides the patricians and equites, were called PLEBS or POPULUS. Populus sometimes comprehends the whole nation; as, CLEMENTIA ROMANI POPULI: or all the people except the senate; as, SENATUS POPULUSQUE ROMANUS. which last sense plebs is also often used; as when we say, that the consuls were created from the plebeians, that is, from those who were not patricians. But plebs is usually put for the lowest common people; hence, ad populum plebemque referre. Thus Horace plebs eris, i. e. unus e plebe, a plebeian, not an eques; who also uses plebs for the whole people." 7 5 The common people who lived in the country, and cultivated the ground, were called PLEBS RUSTICA. Anciently the senators also did the same, but not so in after times. The common people who lived in the city, merchants, mechanics, &c. were called PLEBS URBANA.9 Both are joined, Sal. Jug. 73. The PLEBS RUSTICA was the most respectable.10 The PLEBS URBANA was composed of the poorer citizens, many of whom followed no trade, but were supported by the public and private largesses.11 In the latter ages of the republic an immense quantity of corn was annually distributed among them at the public expense, five bushels monthly to each man. Their principal business was to attend on the tribunes and popular magistrates in their assemblies; hence they were called TURBA FORENSIS, 5,13 and from their venality and corruption, OPERÆ CONDUCTÆ vel mercenarii, in allusion to mercenary workmen," OPERE CONDUCTORUM, MULTITUDO CONDUCTA, CONCIONES CONDUC 17 15 16 12 TÆ, CONCIONALIS HIRUDO ærarii, misera ac jejuna PLEBECULA, 19 FAX ET SORdes urbis, URBANA et perdita PLEBS." 20 ma, Cic. Rull. ii. 31. 11 eos publicum malum 12 Sall. Frag. ed. Cort. 13 Liv. ix. 46. 18 14 Cic. Sext. 17. 27. Q. 17 Sext. 49. 53 18 Att. i. 16. 19 Ib. 13. 20 1d. vii. 3. 4 Cicero often opposes the populace1 to the principal nobility.2 There were leading men among the populace, kept in pay by the seditious magistrates, who used for hire to stimulate them to the most daring outrages. The turbulence of the common people of Rome, the natural effect of idleness and unbounded licentiousness, is justly reckoned among the chief causes of the ruin of the republic. Trade and manufactures being considered as servile employments, they had no encouragement to industry; and the numerous spectacles which were exhibited, particularly the shows of gladiators, served to increase their natural ferocity. Hence they were always ready to join in any conspiracy against the state." OTHER DIVISIONS OF THE ROMAN PEOPLE. I. PATRONS AND CLIENTS; NOBILES, NOVI, AND IGNOBILES; OPTIMATES, AND POPULARES. THAT the patricians and plebeians might be connected together by the strictest bonds, Romulus ordained that every plebeian should choose from the patricians any one he pleased as his PATRON or protector, whose CLIENT he was called. It was the part of the patron to advise and to defend his client, to assist him with his interest and substance; in short to do every thing for him that a parent uses to do for his children. The client was obliged to pay all kind of respect to his patron, and to serve him with his life and fortune in any extremity.8 It was unlawful for patrons and clients to accuse or bear witness against each other; and whoever was found to have acted otherwise, might be slain by any one with impunity, as a victim devoted to Pluto and the infernal gods. Hence both patrons and clients vied with one another in fidelity and observance, and for more than 600 years we find no dissensions between them. Virgil joins to the crime of beating one's parent that of defrauding a client.10 It was esteemed highly honourable for a patrician to have numerous clients, both hereditary, and acquired by his own merit.11 In after times, even cities and whole nations were under the protection of illustrious Roman families; as the Sicilians under the patronage of the Marcelli,12 Cyprus and Cappadocia under that of Cato,13, the Allobroges under the patronage of the Fabii,14 the Bononienses, of the Antonii,15 Lacedæmon, of the Claudii 16 Thus the people of Puteoli chose Cassius and the Bruti for their |