Noctes Atticae

Gellius, Aulus

Gellius, Aulus. The Attic Nights of Aulus Gellius. Rolfe, John C., translator. Cambridge, Mass.; London: Harvard University Press; William Heinemann, 1927 (printing).

The meaning of proletarii and capite censi; also of adsiduus in the Twelve Tables, and the origin of the word.

ONE day there was a cessation of business in the Forum at Rome, and as the holiday was being joyfully celebrated, it chanced that one of the books of the Annals of Ennius was read in an assembly of very many persons. In this book the following lines occurred: [*](Ann. 183 ff.)

  1. With shield and savage sword is Proletarius armed
  2. At public cost; they guard our walls, our mart and town.
Then the question was raised there, what proletarius meant. And seeing in that company a man who was skilled in the civil law, a friend of mine, I asked him to explain the word to us; and when he rejoined that he was an expert in civil law and not in grammatical matters, I said: " You in particular ought to explain this, since, as you declare, you are skilled in civil law. For Quintus Ennius took this word from your Twelve Tables, in which, if I remember aright, we have the following: [*](i. 4.) 'For a freeholder let the protector [*](The vindex is here one who voluntarily agrees to go before the magistrate as the representative of the defendant, and thereby takes upon himself the action in the stead of the latter (Allen, Remnants of Early Latin, p. 85).) be a freeholder. For a proletariate citizen [*](The proletarii (cf. proles) were child-producers, who made no other contribution to the State; see § 13.) let whoso will be protector.
We therefore ask you to consider that not one of the books of Quintus Ennius' Annals, but the Twelve
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Tables are being read, and interpret the meaning of 'proletariate citizen' in that law.
It is true,
said he,
that if I had learned the law of the Fauns and Aborigines, I ought to explain and interpret this. But since proletarii, adsidui, sanates, vades, subvades, 'twenty-five asses,' 'retaliation,' and trials for theft 'by plate and girdle' [*](XII Tab. i. 4, 5, 10; viii. 2, 4, 15. For proletarii see note, p. 167. The adsidui were permanent settlers, or taxpayers, belonging to one of the five upper Servian classes. The sanates seem to have been clients or dependents of the wealthy Roman citizens. Vades were sureties, who gave bail; subvades, sub-sureties, who gave security for the bail. On viginti quinque asses, the penalty for an assault, see xx. 1. 12; for taliones, xx. 1. 14; and for cum lance et licio, note on xi. 18. 9.) have disappeared, and since all the ancient lore of the Twelve Tables, except for legal questions before the court of the centumviri, was put to sleep by the Aebutian law, [*](The date is unknown,) I ought only to exhibit interest in, and knowledge of, the law and statutes and legal terms which we now actually use.
"

Just then, by some chance, we caught sight of Julius Paulus passing by, the most learned poet within my recollection. We greeted him, and when he was asked to enlighten us as to the meaning and derivation of that word, he said: "Those of the Roman commons who were humblest and of smallest means, and who reported no more than fifteen hundred asses at the census, were called proletarii, but those who were rated as having no property at all, or next to none, were termed capite censi, or 'counted by head.' And the lowest rating of the capite censi was three hundred and seventy-five asses. But since property and money were regarded as a hostage and pledge of loyalty to the State, and since there was in them a kind of guarantee and assurance of patriotism, neither the proletarii nor the capite censi were enrolled as soldiers except in some time of extraordinary disorder, because they had

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little or no property and money. However, the class of proletarii was somewhat more honourable in fact and in name than that of the capite censi; for in times of danger to the State, when there was a scarcity of men of military age, they were enrolled for hasty service, [*](That is, to meet a tumultus, a rebellion or irregular warfare. At first used as a military term, tumultuarius later acquired a general sense; cf. tumultuario rogo, on a hastily erected pyre, Suet. Calig. lix.) and arms were furnished them at public expense. And they were called, not capite censi, but by a more auspicious name derived from their duty and function of producing offspring, for although they could not greatly aid the State with what small property they had, yet they added to the population of their country by their power of begetting children. Gaius Marius is said to have been the first, according to some in the war with the Cimbri in a most critical period for our country, or more probably, as Sallust says, in the Jugurthine war, to have enrolled soldiers from the capite censi, since such an act was unheard of before that time. Adsidaus in the Twelve Tables [*](i. 4, 10.) is used of one who is rich and well to do, [*](locuples seems to be derived from locus, in the sense of land, and the root ple- of pleo and plenus.) either because he contributed 'asses' (that is, money) when the exigencies of the State required it, or from his 'assiduity' in making contributions according to the amount of his property." [*](Both these derivations are fanciful; adsiduus is connected with adsideo, as the grammarian Caper knew (Gram. Lat. vii. 108. 5, Keil), and means a permanent settler.)

Now the words of Sallust in the Iugurthine War about Gaius Marius and the capite censi are these: [*](Jug. lxxxvi. 2.)

He himself in the meantime enrolled soldiers, not according to the classes, or in the manner of our forefathers, but allowing anyone to volunteer, for the most part the lowest class (capite censos). Some say that he did this through lack of good men,
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others because of a desire to curry favour, since that class had given him honour and rank, and as a matter of fact, to one who aspires to power the poorest man is the most helpful.

A story taken from the books of Herodotus about the destruction of the Psylli, who dwelt in the African Syrtes.

THE race of the Marsians in Italy is said to have sprung from the son of Circe. 'Therefore it was given to the Marsic men, provided their families were not stained through the admixture of foreign alliances, by an inborn hereditary power to be the subduers of poisonous serpents and to perform wonderful cures by incantations and the juices of plants.

We see certain persons called Psylli endowed with this same power. And when I had sought in ancient records for information about their name and race, I found at last in the fourth book of Herodotus [*](iv. 173.) this story about them: that the Psylli had once been neighbours in the land of Africa of the Nasamones, and that the South Wind at a certain season in their territories blew very long and hard; that because of that gale all the water in the regions which they inhabited dried up; that the Psylli, deprived of their water supply, were grievously incensed at the South Wind because of that injury and voted to take up arms and march against the South Wind as against an enemy, and demand restitution according to the laws of war. And when they had thus set out, the South Wind

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came to meet them with a great blast of air, and piling upon them mountainous heaps of sand, buried them all with their entire forces and arms. Through this act the Psylli all perished to a man, and accordingly their territories were occupied by the Nasamones.

Of those words which Cloatius Verus referred to a Greek origin, either quite fittingly or too absurdly and tastelessly.

CLOATIUS VERUS, in the books which he entitled Words taken from the Greek, says not a few things indeed which show careful and keen investigation, but also some which are foolish and trifling.

Errare (to err),
he says, [*](Fr. 3, Fun.)
is derived from the Greek e)/rrein,
and he quotes a line of Homer in which that word occurs: [*](Odyss. x. 72.) Swift wander (e)/rrei) from the isle, most wretched man. Cloatius also wrote that alucinari, or
dream,
is derived from the Greek a)lu/ein, or
be distraught,
and from this he thinks that the word elucus also is taken, with a change of a to e, meaning a certain sluggishness and stupidity of mind, which commonly comes to dreamy folk. He also derives fascinum, or
charm,
as if it were bascanum, [*](Gk. baska/nion.) and fascinare, as if it were bascinare, [*](Gk. baskai/nw.) or
bewitch.
All these are fitting and proper enough. But in his fourth book he says: [*](Fr. I, Fun.)
Faenerator is equivalent to
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fainera/twr, meaning 'to appear at one's best,' since that class of men present an appearance of kindliness and pretend to be accommodating to poor men who are in need of money
; and he declared that this was stated by Hypsicrates, a grammarian whose books on Words Borrowed from the Greeks are very well known. But whether Cloatius himself or some other blockhead gave vent to this nonsense, nothing can be more silly. For faenerator, as Marcus Varro wrote in the third book of his Latin Diction, [*](Frag. 57. G. and S.)
is so called from feanus, or 'interest,' but faenus,
he says,
is derived from fetus, [*](Thurneysen, T.L.L. s. v. fenus, thinks this derivation is perhaps correct; we may compare Greek to/kos, which means both offspring and interest.) or 'offspring,' and from a birth, as it were, from money, producing and giving increase.
Therefore he says that Marcus Cato [*](Frag. inc. 62, Jordan.) and others of his time pronounced generator without the letter a, just as fetus itself and fecunditas were pronounced.

The meaning of municipium and how it differs from colonia; and what municipes are and the derivation and proper use of that word; and also what the deified Hadrian said in the senate about the name and rights of municipes.

MUNICIPES and municipia are words which are readily spoken and in common use, and you would never find a man who uses them who does not think that he understands perfectly what he is saying. But in fact it is something different, and the meaning is different. For how rarely is one of us found who, coming from a colony of the Roman people, does not say what is far removed from reason and from truth,

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namely, that he is municeps and that his fellow citizens are municipes? So general is the ignorance of what municipia are and what rights they have, and how far they differ from a
colony,
as well as the belief that coloniae are better off than municipia. With regard to the errors in this opinion which is so general the deified Hadrian, in the speech which he delivered in the senate In Behalf of the Italicenses, [*](O.R.F.2 p. 608. Italics was a city of Spain on the river Baetis, opposite Hispalis (Seville). It was founded by Scipio Africanus the Elder and peopled by his veterans; whence the name the Italian city. It was the birthplace of Trajan and Hadrian.) from whom he himself came, discoursed most learnedly, showing his surprise that the Italicenses themselves and also some other ancient municipia, among whom he names the citizens of Utica, when they might enjoy their own customs and laws, desired instead to have the rights of colonies. Moreover, he asserts that the citizens of Praeneste earnestly begged and prayed the emperor Tiberius that they might be changed from a colony into the condition of a municipium, and that Tiberius granted their request by way of conferring a favour, because in their territory, and near their town itself, he had recovered from a dangerous illness.

Municipes, then, are Roman citizens from free towns, using their own laws and enjoying their own rights, merely sharing with the Roman people an honorary munus, or

privilege
[*](Such as serving in the legions and not among the auxiliaries.) (from the enjoyment of which privilege they appear to derive their name), and bound by no other compulsion and no other law of the Roman people, except such as their own citizens have officially ratified. [*](For fundus cf. xix. 8. 12.) We learn besides that the people of Caere were the first municipes without the right of suffrage, and that it was allowed them to assume the honour of Roman citizenship, but yet to be free from service and burdens, in return for receiving and guarding sacred
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objects during the war with the Gauls. Hence by contraries those tablets were called Caerites on which the censors ordered those to be enrolled whom they deprived of their votes by way of disgrace.

But the relationship of the

colonies
is a different one; for they do not come into citizenship from without, nor grow from roots of their own, but they are as it were transplanted from the State and have all the laws and institutions of the Roman people, not those of their own choice. This condition, although it is more exposed to control and less free, is nevertheless thought preferable and superior because of the greatness and majesty of the Roman people, of which those colonies seem to be miniatures, as it were, and in a way copies; [*](Their government was modelled on that of Rome, with a senate (decuriones), two chief magistrates (Ilviri iure dicundo), elected annually, etc.) and at the same time because the rights of the municipal towns become obscure and invalid, and from ignorance of their existence the townsmen are no longer able to make use of them.

That Marcus Cato said there was a difference between properare and festinare, and how inappropriately Verrius Flaccus explained the origin of the latter word.

FESTINARE and properare seem to indicate the same thing and to be used of the same thing. But Marcus Cato thinks that there is a difference, and that the difference is this—I quote his own words from the speech which he pronounced On his Own Merits: [*](p. 44. 4, Jordan.)

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It is one thing to hasten (properare), another to hurry (festinare). He who finishes some one thing in good season, hastens (properat); one who begins many things at the same time but does not finish them, hurries (festinat).
Verrius Flaccus, wishing to explain the nature of this difference, says [*](p. xv, Müller.)
Festinat is derived from for (to speak), since those idle folk who can accomplish nothing talk more than they act.
But that seems too forced and absurd, nor can the first letter of the two words be of such weight that because of it such different words as festino and for should appear to be the same. But it seems more fitting and closer to explain festinare as equivalent to fessum esse or
be wearied.
For one who tires himself out by hastily attacking many things at once no longer hastens, but hurries. [*](Both derivations are fanciful. Festino is related to confestim, but its origin is uncertain.)

The strange thing recorded of partridges by Theophrastus and of hares by Theopompus.

THEOPHRASTUS, most expert of philosophers, declares [*](Frag. 182, Wimmer.) that in Paphlagonia all the partridges have two hearts; Theopompus, [*](F.H.G. i. 301.) that in Bisaltia the hares have two livers each.

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That the name Agrippa was given to those whose birth was difficult and unnatural; and of the goddesses called Prorsa and Postverta.

THOSE at whose birth the feet appeared first, instead of the head, which is considered the most difficult and dangerous form of parturition, are called Agrippae, a word formed from aegritudo, or

difficulty,
and pedes (feet). But Varro says [*](Ant. Rer. Div. xiv, frag. 17 b, Agahd.) that the position of children in the womb is with the head lowest and the feet raised up, not according to the nature of a man, but of a tree. For he likens the branches of a tree to the feet and legs, and the stock and trunk to the head.
Accordingly,
says he,
when they chanced to be turned upon their feet in an unnatural position, since their arms are usually extended they are wont to be held back, and then women give birth with greater difficulty. For the purpose of averting this danger altars were set up at Rome to the two Carmentes, [*](Carmenta was a birth-goddess, whose festival, the Carmentalia (or Karmentalia) occurred on Jan. 11 and 15. The Carmentes may originally have been wise women who assisted at births and were later deified (Fowler, Roman Festivals, pp 290 ff.).) of whom one was called Postverta, [*](That is, head foremost.) the other Prorsa, [*](That is, feet foremost.) named from natural and unnatural births, and their power over them.

Of the origin of the term ager Vaticanus.

WE had been told that the ager Vaticanus, or

Vatican region,
and the presiding deity of the same place, took their names from the vaticinia, or
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prophecies,
which were wont to be made in that region through the power and inspiration of that god. But in addition to that reason Marcus Varro, in his Antiquities of the Gods, states [*](Frag. 20b, Agahd.) that there is another explanation of the name: For,
says he, just as Aius was called a god and the altar was erected in his honour which stands at the bottom of the Nova Via, because in that place a voice from heaven was heard, so that god was called Vaticanus who controls the beginnings of human speech, since children, as soon as they are born, first utter the sound which forms the first syllable of Vaticanus; hence the word vagire ('cry'), which represents the sound of a new-born infant's voice.