The Romans had three names, to mark the different clans and families, and distinguish the individuals of the same family--the praenomen, nomen and cognomen.

The praenomen was put first, and marked the individual. It was commonly written with one letter; as A. for Aulus: C. for Caius--sometimes with two; as Ap. for Appius.

The nomen was put after the praenomen, to mark the gens, and commonly ended in ius; as Cornelius, Fabius. The cognomen was put last, and marked the family; as Cicero, Caesar.

Sometimes there was also a fourth name, called the agnomen, added from some ill.u.s.trious action, or remarkable event. Thus, Scipio was called Africa.n.u.s, from the conquest of Carthage and Africa: for a similar reason, his brother was called Asiaticus.

These names were not always used; commonly two, and sometimes only the sirname. But in speaking to any one, the praenomen was generally used as being peculiar to citizens, for slaves had no praenomen.

The sirnames were derived from various circ.u.mstances, either from some quality of the mind; as Cato, from catus, wise: or from the habit of the body; as Calvus, Cra.s.sus, &c.: or from cultivating particular fruits; as Lentulus, Piso, &c. Quintus Cincinnatus was called Serra.n.u.s, because the amba.s.sadors from the senate found him sowing, when they brought him word that he was made dictator.

The praenomen was given to boys on the ninth day, which was called _dies l.u.s.tricus_, or the day of purification, when certain religious ceremonies were performed. The eldest son of the family usually received the praenomen of his father. The rest were named from their uncles or other relations.

When there was only one daughter in the family, she was called by the name of the gens: thus, Tullia, the daughter of Cicero; and retained the same after marriage. When there were two daughters, one was called major, and the other minor. If there were more than two, they were distinguished by their number; thus--prima, secunda, tertia, &c.

Those were called _liberi_, free, who had the power of doing what they pleased. Those who were born of parents who had been always free, were called _ingenui_. Slaves made free were called _liberti_, in relation to their masters; and _libertini_, in relation to free born citizens.

CHAPTER V.

_Private Rights of Roman Citizens._

The right of liberty comprehended not only liberty from the power of masters, but also from the dominion of tyrants, the severity of magistrates, the cruelty of creditors, and the insolence of more powerful citizens. After the expulsion of Tarquin, a law was made by Brutus, that no one should be king at Rome, and that whoever should form a design of making himself a king, might be slain with impunity. At the same time the people were bound by an oath that they would never suffer a king to be created.

Citizens could appeal from the magistrates to the people, and the persons who appealed could in no way be punished, until the people determined the matter; but they were chiefly secured by the a.s.sistance of the tribunes.

None but the whole Roman people in the _comitia centuriata_ could pa.s.s sentence on the life of a Roman citizen. No magistrate could punish him by stripes or capitally. The single expression, "I am a Roman citizen,"

checked their severest decrees.

By the laws of the twelve tables, it was ordained, that insolvent debtors should be given up to their creditors, to be bound in fetters and cords, and although they did not entirely lose the rights of freemen, yet they were in actual slavery, and often more harshly treated than even slaves themselves.

To check the cruelty of usurers, a law was afterwards made that no debtors should be kept in irons, or in bonds; that the goods of the debtor, not his person, should be given up to his creditors.

The people, not satisfied with this, as it did not free them from prison, demanded an entire abolition of debt, which they used to call new tables; but this was never granted.

Each clan and family had certain sacred rights, peculiar to itself, which were inherited in the same manner as effects. When heirs by the father's side of the same family failed, those of the same gens succeeded in preference to relations by the mother's side of the same family. No one could pa.s.s from a Patrician family to a Plebeian, or from a Plebeian to a Patrician, unless by that form of adoption which could only be made at the _comitia curiata_.

No Roman citizen could marry a slave, barbarian or foreigner, unless by the permission of the people.

A father among the Romans had the power of life and death over his children. He could not only expose them when infants, but when grown up he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased.

A son could acquire no property but with his father's consent, and what he thus acquired was called his _peculium_ as of a slave.

Things with respect to property among the Romans were variously divided.

Some were said to be of divine right, and were held sacred, as altars, temples, or any thing publicly consecrated to the G.o.ds, by the authority of the Pontiffs; or religious, as sepulchres--or inviolable, as the walls and gates of a city.

Others were said to be of human right, and called profane. These were either public and common, as the air, running water, the sea and its sh.o.r.es; or private, which might be the property of individuals.

None but a Roman citizen could make a will, or be witnesses to a testament, or inherit any thing by it.

The usual method of making a will after the laws of the twelve tables were enacted, was by bra.s.s and balance, as it was called. In the presence of five witnesses, a weigher and witness, the testator by an imaginary sale disposed of his family and property to one who was called _familiae emptor_, who was not the heir as some have thought, but only admitted for the sake of form, that the testator might seem to have alienated his effects in his life time. This act was called _familiae manc.i.p.atio_.

Sometimes the testator wrote his will wholly with his own hand, in which case it was called _holographum_--sometimes it was written by a friend, or by others. Thus the testament of Augustus was written partly by himself, and partly by two of his freedmen.

Testaments were always subscribed by the testator, and usually by the witnesses, and sealed with their seals or rings. They were likewise tied with a thread drawn thrice through holes and sealed; like all other civil deeds, they were always written in Latin. A legacy expressed in Greek was not valid.

They were deposited either privately in the hands of a friend, or in a temple with the keeper of it. Thus Julius Caesar is said to have intrusted his testament to the oldest of the vestal virgins.

A father might leave whom he pleased as guardian to his children;--but if he died, this charge devolved by law on the nearest relation by the father's side. When there was no guardian by testament, nor a legal one, the praetor and the majority of the tribunes of the people appointed a guardian. If any one died without making a will, his goods devolved on his nearest relations.

Women could not transact any business of importance without the concurrence of their parents, husbands, or guardians.

CHAPTER VI.

_Public Rights of Roman Citizens._

The _jus militiae_, was the right of serving in the army, which was at first peculiar to the higher order of citizens only, but afterwards the emperor took soldiers not only from Italy and the provinces, but also from barbarous nations.

The _jus tributorum_ was the payment of a tax by each individual through the tribes, in proportion to the valuation of his estates.

There were three kinds of tribute, one imposed equally on each person; another according to his property; and a third exacted in cases of emergency. There were three other kinds of taxes, called _portorium_, _dec.u.mae_ and _scriptura_.

The _portorium_ was paid for goods exported and imported, the collectors of which were called port.i.tores, or for carrying goods over a bridge.

The _dec.u.mae_ were the tenth part of corn and the fifth part of other fruit, exacted from the cultivators of the public lands, either in Italy or without it.

The _scriptura_ was paid by those who pastured their cattle upon the public lands. The _jus saffragii_ was the right of voting in the different a.s.semblies of the people.

The _jus honorum_ was the right of being priests or magistrates, at first enjoyed only by the Patricians. Foreigners might live in the city of Rome, but they enjoyed none of the rights of citizens; they were subject to a peculiar jurisdiction, and might be expelled from the city by a magistrate. They were not permitted to wear the Roman dress.

CHAPTER VII.

_Places of Worship._

_Templum_ was a place which had been dedicated to the worship of some deity, and consecrated by the augurs.

_aedes sacrae_ were such as wanted that consecration, which, if they afterwards received, they changed their names to temples.