amystides, &c. and made of various materials; of wood, as beech, fagina, sc. poculu, Virg. Ecl. iii. 37. of earth, fictilia, of glass, VITKEA, Martial. i. 38. Juvenal. ii. 95. which when broken used to be exchanged for brimstone-matches, (sulphurata ramenta), Martial. i. 42. 4. x. 3. Juvenal. v. 49. of amber, succina, Id. ix. 50. of brass, silver, and gold, sometimes beautifully engraved: hence called TOREUMATA, i. e. vasa sculpta vel calata, Cic. Verr. iv. 18. ii. 52. Pis. 27. or adorned with figures (signa vel sigilla) affixed to them, called CRUSTÆ or EMBLEMATA, Cic. Verr. iv. 23. Juvenal. i. 76. Martial. viii, 51. 9. which might be put on and taken off at pleasure, (exemptilia), Cic. ibid. 22. & 24. or with gems, sometimes taken off the fingers for that purpose, Juvenal. 5. 41. Marhence called CALICES GEMMATI vel AURUM GEMMATUM, tial. xiv. 109.

Cups were also made of precious stones, Virg. G. ii. 506. of crystal, Senec. de Ira, iii. 40. of amethyst and murra or porcelain, (pocula murrina), Martial. ix. 60. 13. x. 49. Plin. xxxiii. 1. xxxvii. 2. &c.

Cups were of various forms; some had handles (ANSE Vel NASI), Virg. Ecl. vi. 17. Juvenal. v. 47. usually twisted, (TORTILES), Ovid. Ep. xvi. 252. hence called CALICES PTERATI, i. e. alati vel ansati, Plin. xxxvi. 26. Some had none.

There were slaves, usually beautiful boys, (pueri eximiâ facie Gell. xv. 12.), who waited to mix the wine with water, and serve it up; for which purpose they used a small goblet, called CYATHUS, to measure it, Plaut. Pers. v. 2. 16. containing the twelfth part of a sextarius, nearly a quart English: Hence the cups were named from the parts of the Roman AS, according to the number of cyathi which they contained; thus, SEXTANS, a cup which contained two cyathi; TRIENS vel Triental, four; QUADRANS, three, &c. Suet. Aug. 77. Martial. viii. 51. 24. ix. 95. xi. 37. Pers. iii. 100. and those who served with wine, were said AD CYATHOS STARE, Suet. Jul. 49. AD CYATHUM STATUI, Hor. Od. 1. 26. 8. or CYATHISSARI, Plaut. Men. ii. 2. 29.

They used also a less measure for filling wine and other liquors, called LIGULA or Lingula, and COCHLEARE, vel -ar, a spoon, the fourth part of a cyathus, Martial. v. 20. viii. 33. 23. xiv. 121... The wine was sometimes cooled with snow, by means of a strainMartial. xiv. 103. vel SACCUS NIVARIUS, Id, er, COLUM NIVARIUM, 104. or by pouring snow-water upon it, Id. v. 65. 417. xiv. 117. Senec. Ep. 79. Plin. xix. 4. s. 19.

The Romans used to drink to the health of one another; thus, BENE MIHI, BENE VOBIS, &c. Plaut. Pers. v. 1. 20. sometimes in honour of a friend or mistress, Ibid. & Horat. Od. i. 27. 9. and used to take as many cyathi, as there were letters in the name,

Tibull. ii. 1. 31. Martial. i. 72. or as they wished years to them; hence they were said, Ad numerum bibere, Ovid. Fast. iii. 531. A frequent number was three, in honour of the Graces; or nine, of the Muses, Horat. Od. iii. 19. 11. Auson. Eidyll. xi. 1. The Greeks drank first in honour of the gods, and then of their friends; hence GRECO MORE BIBERE, Cic. Verr. i. 26. et ibi Ascon. They began with small cups, and ended with larger, Ibid. They used to name the person to whom they handed the cup; thus, PROPINO TIBI, &c. Cic. Tusc. i. 40. Plaut. Stich. v. 4. 26. & 30. Ter. Eun. v. 9. 57. Virg. Æn. i. 728. Martial. i. 69. vi. 44. Juvenal. v. 127.

A skeleton was sometimes introduced at feasts in the time of drinking; or the representation of one, (larva argentea), Petron. 34. in imitation of the Egyptians, Herodot. ii. 78. s. 74. Plutarch. •n conviv. Sapient. 6. upon which the master of the feast, looking at it, used to say, VIVAMUS, DUM LICET ESSE BENE, Petron. ib. IIws Te και τερπεν, εσσεαι γαρ αποθανών τοιούτος, Drink and be merry, for thus halt thou be after death, Herodot. ibid.

The ancients sometimes crowned their cups with flowers, Virg. En. iii. 525. Tibull. ii. 5. 98. But coronare cratera vel vina, i. e. pocula, signifies also to fill with wine, Virg. G. ii. 528. Æn. i. 724.

vii. 147.

The ancients at their feasts appointed a person to preside by throwing the dice, whom they called ARBITER BIBENDI, Magister vel Rex convivii, modiperator vel modimperator, (ovμяociagxos), dictator, dux, strutegus, &c. He directed every thing at pleasure, Horat. Od. i. 4. 18. ii. 7. 25. Cic. Sen. 14. Plaut. Stich. v. 4. 20. When no director of the feast was appointed, they were said Culpâ potare magistrâ, to drink as much as they pleased, (culpabatur ile qui multum biberet, excess only was blamed), Horat. Sat. ii. 2. 123. Some read cuppa vel cupa, but improperly; for cupa signifies either a large cask or tun, which received the must from the wine-press; or it is put for copa vel caupa, a woman who kept a tavern, (quæ cauponam vel tabernam exerceret), Suet. Ner. 27. or for the tavern itself; whence it was thought mean for a person to be supplied with wine, or from a retailer, (de propola, vel propala), Cic. Pis. 27. Suet. Claud. 40.

During the intervals of drinking, they often played at dice,, (ALEA), Plaut. Curc. ii. 3. 75. of which there were two kinds, the tessera and tali, Cic. Sen. 16.

The TESSERE had six sides, marked I. II. III. IV. V. VI. like our dice: the TALI had four sides longwise, for the two ends were not regarded. On one side was marked one point, (unio, an ace, called ČANIS: on the opposite side six, SENIO, sice); on the two other sides, three and four, (ternio et quaternio). In playing they used three tessera and four tali. They were put in a box

made in the form of a small tower, strait-necked, wider below than above, and fluted in ringlets, (intus gradus excisos habens), called FRITILLUS, pyrgus, turris, turricula, phimus, orca, &c. and being shaken, were thrown out upon the gaming-board or table, (FORUS, alveus, vel tabula lusoria aut aleatoria. The highest or most fortunate throw, jactus, bolus vel manus), called VENUS, or JAC-. TUS VENEREUS, vel BASILICUS, was, of the tessera, three sixes; of the tali, when all of them came out different numbers. The worst or lowest throw, (jactus pessimus vel damnosus), called CANES vel Caniculæ, vel vulturii, was, of the tessera, three aces; of the tali, when they were all the same. The other throws were valued from their numbers, Cic. Divin. i. 13. ii. 21. & 59. Suet. Aug. 71. Ovid. Art. Am. ii. 203. Trist. ii. 474. Propert. iv. 9. 20. Plaut. Asin. v. 2. 55. Hor. Sat. ii. 7. 17. Pers. Sat. iii. 49. Martial. xiv. 14. &c. When any one of the tali fell on the end, (in caput), it was said rectus cadere vel assistere, Cic. Fin. iii. 16. and the throw was to be repeated. The throw called Venus determined the direction of the feast. (Archiposia in compotatione principatus, magisterium, Cic. Senect. 14. vel Regnum vini, Horat. Od. i. 4. 18. While throwing the dice, it was usual for a person to express his wishes, to invoke or name a mistress, or the like, Plaut. Asin. v. 2. 55. iv. 1. 35. Captiv. i. 1. 5. Curc. ii. 3. 78.

They also played at odds or evens, (PAR IMPAR ludebant), Suet. Aug. 71. and at a game called DUODECIM SCRIPTA, vel Scriptula, or bis sena puncta, Cic. Orat. i. 50. Non. Marcelli. 781. Quinctil. xi. 2. Martial. xiv. 17. on a square table, tabula vel alveus), divided by twelve lines, (lineæ vel scripta), on which were placed counters, (CALCULI, Latrones v. Latrunculi), of different colours. The counters were moved (promovebantur) according to throws (boli vel jactus) of the dice, as with us at gammon. The lines were intersected by a transverse line, called LINEA SACRA, which they did not pass without being forced to it. When the counters had got to the last line, they were said to be inciti vel immoti, and the player, ad incitas, vel -a redactus, reduced to extremity, Plaut. Pan. iv. 2. 86. Trin. ii. 4. 136. unam calcem non posse siere, i.e. unum calculum movere, not to be able to stir, Ib. In this game there was room both for chance and art, Ter. And. iv. 7. 21. Övid. Art. Am. ii. 203. iii. 363. Auson. Prof. i. 25. Martial. vii. 71. xiv. 20. Some exclude the tali, or tessera from this game, and make it the same with chess among us. Perhaps it was played both ways. But several particulars concerning the private games of the Romans are not ascertained.

All games of chance were called ALEA, and forbidden by the Cornelian, Publician, and Titian laws, Horat. Od. iii. 24. 58. except in the month of December, Martial. iv. 14. 7. v. 85. xiv. 1.

These laws, however, were not strictly observed. Old men were particularly fond of such games, as not requiring bodily exertion, Cic. Sen. 16. Suet. Aug. 71. Juvenal. xiv. 4.

The character of gamesters (ALEATORES vel aleones) was held infamous, Cic. Cat. ii. 10. Plin. ii. 27.

Augustus used to introduce at entertainments a kind of diversion, similar to what we call a lottery; by selling tickets, (sortes), or scaled tablets, apparently equivalent, at an equal price; which, when opened or unsealed, entitled the purchasers to things of very unequal value, (res inequalis sime); as for instance, one to 100 gold pieces, another to a pick-tooth, (denti calpium), a third to a purple robe, &c. In like manner, pictures with the wrong side turned to the company, (aversas tabularum picturas in convivio venditare solebat), so that, for the same price, one received the picture of an Apelles, of a Zeuxis, or a Parrhasius, and another the first essay of a learner, Suet. Aug. 75. So Heliogabalus, Lamprid. in vita ejus, 21.

There was a game of chance, (which is still common in Italy, chiefly, however, among the vulgar, called the game of Morra), played between two persons, by suddenly raising or compressing the fingers, and at the same instant guessing each at the number of the other; when doing thus, they were said MICARE DIGITIS, Cic. divin. ii. 41. Off. iii. 23. Suet. Aug. 13. As the number of fingers stretched out could not be known in the dark, unless those who played had implicit confidence in one another; hence in praising the virtue and fidelity of a man, he was said to be DIGNUS QUICUM IN TENEBRIS MICES, Cic. Off. iii. 19. Fin. ii. 16. s. 52.

The Romans ended their repasts in the same manner they began them, by libations and prayers, Ovid. Fast. ii. 653. The guests drank to the health of their host, and under the Cæsars, to that of the emperor, Ibid. et Petron. 60. When about to go away, they sometimes demanded a parting cup, in honour of Mercury, that he might grant them a sound sleep, Martial. Delphin. i. 72.

The master of the house; (herus, dominus, parochus, cana magister, convivator, Horat. Sat. ii. 8. 35. Martial. xii. 48. Gell. xiii. 11.) used to give the guests certain presents at their departure, called Apophoreta, Suet. Aug. 75. Gal. 55. Vesp. 19. Martial. xiv. 1. Petron. 60. or XENIA, which were sometimes sent to them, Plin. Epist. vi. 31. Vitruv. vi. 10. Martial. xiii. 3. XENIUM is also put for a present sent from the provinces to an advocate at Rome, Plin. Ep. v. 14. or given to the governor of a province, Digest.

The presents given to guests being of different kinds, were sometimes distributed by lot, Martial. xiv. 1. 5.-40. 144. 170. or by some ingenious contrivance, Petron. 41.

III. ROMAN RITES of MARRIAGE.

A LEGAL, marriage* (justum matrimonium) among the Romans

was made in three different ways, called usus, confarreatio, and coemptio.

1. USUS, usage or prescription, was when a woman, with the consent of her parents or guardians, lived with a man for a whole

*In the state of New-York, there is no form of marriage prescribed by law. This seems to be a defect in our legal code. The validity of the marriage is a subject to be determined by the jury, as a matter of fact. Cohabitation, acknowledgment of a woman to be one's wife, authorizing persons to accredit her as such, &c. may be adduced as proofs of marriage-connexion to be decided on by the Jury. But, under a charge of bigamy, in order to conviction, an actual previous marriage must be proved

The first inhabitants of Greece lived together without marriage. Europs, king of Athens, is said to have been the first author of this honourable institution among that people. After the Grecian Commonwealths were settled, marriage was very much encouraged by their laws, (as it was among the Romans, though without much effect) and celibacy discountenanced, and in some places punished. The Athenians had an express law, that commanders, orators, and persons intrusted with public affairs, should be married men. Polygamy was not commonly tolerated in Greece. The time of marriage was different in different States. The Spartans were not permitted to marry till they arrived at their full strength, and the Athenian laws are said to have directed that men should not marry till they were 35 years of age. The season of the year, which they preferred for that purpose, was the winter, and especially the month of January, hence called you. Incestuous mixtures, though practised among the barbarous nations, were reckoned scandalous among the Greeks; though among them, as originally among the Hebrews, it seems to have been lawful to marry a halfsister, as appears manifest in the case of Miltiades and Abraham. Most of the Grecian states required their citizens to match only with citizens. The usual ceremony, in promising fidelity among the Greeks, was kissing each other, or giving their right hands, which was a general form of ratifying all agreements. Before the marriage was so lemnized, the gods were to be consulted, and their aid implored by prayers and sacrifices, by the parents, or nearest relations.

In Germany they have a kind of marriage called Marganatio, wherein a man of quality contracting with a woman of inferior rank, gives her the left hand in lieu of the right; and stipulates in the contract, that the wife shall continue in her former rank; and that the children shall be of the same, so that they become bastards as to matters of inheritance, though they are legitimate in effect. They cannot bear the name or arms of the family. None but Princes and great Lords of Germany are allowed this kind of marriage; but the universities of Leipsic and Jena have declared against the validity of such contracts.

The Turks have three kinds of marriages, and three sorts of wives; legitimate, wives in Kebin, and slaves. They marry the first, hire the second, and buy the third. Among the savage nations in Asia, Africa or America, the wife is commonly bought by the husband, from her father, or relations having authority over her. The conclusion of a bargain for this purpose, together with the payment of the price, has therefore become the usual form or solemnity in the celebration of their marriages.

The Hebrews also purchased their wives, by paying down a competent dowry for them; and Aristotle makes the purchase of their wives among the ancient Grecians, an argument to prove them an uncivilized people.

By our law, all persons may marry, but such as are prohibited by the law of God. The legal disabilities are, therefore, 1. Too near relationship by consanguinity, or affinity. 2. Pre-contract, or another husband or wife living. 3. Want of age sufficient to contract matrimony; thus: if a boy under 14, or girl under 12, marries, when either comes to the age of consert, they may disagree, and declare the marriage void. 4. Bodily infirmity or incapacity of performing the duties of marriage.

See Encycl, Britt. Article Marriage.-E.