A Smaller Dictionary of Greek and Roman Antiquities

by William Smith

ACTA. (1) The public acts and orders of a Roman magistrate, which after the expiration of his office were submitted to the senate for approval or rejection. Under the empire, all the magistrates when entering upon their office on the 1st of January swore approval of the acts of the reigning emperor.—(2) Acta Forensia were of two kinds: first, those relating to the government, as leges, plebiscita, edicta, the names of all the magistrates, &c., which formed part of the tabulae publicae; and secondly, those connected with the courts of law.—(3) Acta Militaria, contained an account of the duties, numbers, and expenses of each legion, and were probably preserved in the military treasury founded by Augustus.—(4) Acta Senatus, called also Commentarii Senatus and Acta Patrum, contained an account of the various matters brought before the senate, the opinions of the chief speakers, and the decision of the house. By command of Julius Caesar they were published regularly every day as part of the government gazette. Augustus forbade the publication of the proceedings of the senate, but they still continued to be preserved, and one of the most distinguished senators was chosen by the emperor to compile the account.—(5) Acta Diurna, a gazette published daily at Rome by the authority of the government, during the later times of the republic and under the empire, corresponding in some measure to our newspapers. They were also called Acta Publica, Acta Urbana, Acta Rerum Urbanarum, Acta Populi, and sometimes simply Acta or Diurna. They contained, 1. A list of births and deaths in the city, an account of the money paid into the treasury from the provinces, and every thing relating to the supply of corn. 2. Extracts from the Acta Forensia. 3. Extracts from the Acta Senatus. 4. A court circular, containing an account of the births, deaths, festivals, and movements of the imperial family. 5. An account of such public affairs and foreign wars as the government thought proper to publish. 6. Curious and interesting occurrences, such as prodigies and miracles, the erection of new edifices, the conflagration of buildings, funerals, sacrifices, a list of the various games, and especially curious tales and adventures, with the names of the parties.

ACTĬA (ἄκτια), a festival celebrated every four years at Actium in Epirus, with wrestling, horse-racing, and sea-fights, in honour of Apollo. There was a celebrated temple of Apollo at Actium. After the defeat of Antony off Actium, Augustus enlarged the temple, and instituted games to be celebrated every five years in commemoration of his victory.

ACTĬO, is defined by a Roman jurist to be the right of pursuing by judicial means what is a man’s due. The old actions of the Roman law were called legis actiones or legitimae, either because they were expressly provided for by the laws of the Twelve Tables, or because they were strictly adapted to the words of the laws, and therefore could not be varied. But these forms of action gradually fell into disuse, in consequence of the excessive nicety required, and the failure consequent on the slightest error in the pleadings, and they were eventually abolished by the Lex Aebutia, and two Leges Juliae, except in a few cases. In the old Roman constitution, the knowledge of the law was most closely connected with the institutes and ceremonial of religion, and was accordingly in the hands of the patricians alone, whose aid their clients were obliged to ask in all their legal disputes. App. Claudius Caecus, perhaps one of the earliest writers on law, drew up the various forms of actions, probably for his own use and that of his friends: the manuscript was stolen or copied by his scribe Cn. Flavius, who made it public; and thus, according to the story, the plebeians became acquainted with those legal forms which hitherto had been the exclusive property of the patricians. After the abolition of the old legal actions, a suit was prosecuted in the following manner:—An action was commenced by the plaintiff summoning the defendant to appear before the praetor or other magistrate who had jurisdictio; this process was called in jus vocatio; and, according to the laws of the Twelve Tables, was in effect a dragging of the defendant before the praetor, if he refused to go quietly; and although this rude proceeding was somewhat modified in later times, we find in the time of Horace that if the defendant would not go quietly, the plaintiff called on any bystander to witness, and dragged the defendant into court. The parties might settle their dispute on their way to the court, or the defendant might be bailed by a vindex. The vindex must not be confounded with the vades. This settlement of disputes on the way was called transactio in via, and serves to explain a passage in St. Matthew, v. 25. When before the praetor, the parties were said jure agere. The plaintiff then prayed for an action, and if the praetor allowed it (dabat actionem), he then declared what action he intended to bring against the defendant, which he called edere actionem. This might be done in writing, or orally, or by the plaintiff taking the defendant to the album [[Album]], and showing him which action he intended to rely on. As the formulae on the album comprehended, or were supposed to comprehend, every possible form of action that could be required by a plaintiff, it was presumed that he could find among all the formulae some one which was adapted to his case; and he was, accordingly, supposed to be without excuse if he did not take pains to select the proper formula. If he took the wrong one, or if he claimed more than his due, he lost his cause (causa cadebat); but the praetor sometimes gave him leave to amend his claim or intentio. It will be observed, that as the formulae were so numerous and comprehensive, the plaintiff had only to select the formula which he supposed to be suitable to his case, and it would require no further variation than the insertion of the names of the parties and of the thing claimed, or the subject-matter of the suit, with the amount of damages, &c., as the case might be. When the praetor had granted an action, the plaintiff required the defendant to give security for his appearance before the praetor (in jure) on a day named, commonly the day but one after the in jus vocatio, unless the matter in dispute was settled at once. The defendant, on finding a surety, was said vades dare, vadimonium promittere, or facere; the surety, vas, was said spondere; the plaintiff, when satisfied with the surety, was said vadari reum, to let him go on his sureties, or to have sureties from him. When the defendant promised to appear in jure on the day named, without giving any surety, this was called vadimonium purum. In some cases, recuperatores [[Judex]] were named, who, in case of the defendant making default, condemned him in the sum of money named in the vadimonium. If the defendant appeared on the day appointed, he was said vadimonium sistere; if he did not appear, he was said vadimonium deseruisse; and the praetor gave to the plaintiff the bonorum possessio. Both parties, on the day appointed, were summoned by a crier (praeco), when the plaintiff made his claim or demand, which was very briefly expressed, and may be considered as corresponding to our declaration at law. The defendant might either deny the plaintiff’s claim, or he might reply to it by a plea, exceptio. If he simply denied the plaintiff’s claim, the cause was at issue, and a judex might be demanded. The forms of the exceptio, also, were contained in the praetor’s edict, or, upon hearing the facts, the praetor adapted the plea to the case. The plaintiff might reply to the defendant’s exceptio. The plaintiff’s answer was called replicatio. If the defendant answered the replicatio, his answer was called duplicatio; and the parties might go on to the triplicatio and quadruplicatio, and even further, if the matters in question were such that they could not otherwise be brought to an issue. A person might maintain or defend an action by his cognitor or procurator, or, as we should say, by his attorney. The plaintiff and defendant used a certain form of words in appointing a cognitor, and it would appear that the appointment was made in the presence of both parties. The cognitor needed not to be present, and his appointment was complete when by his acts he had signified his assent. When the cause was brought to an issue, a judex or judices might be demanded of the praetor, who named or appointed a judex, and delivered to him the formula, which contained his instructions. The judices were said dari or addici. So far the proceedings were said to be in jure: the prosecution of the actio before the judex requires a separate discussion. [[Judex].]

ACTOR, signified generally a plaintiff. In a civil or private action, the plaintiff was often called petitor; in a public action (causa publica), he was called accusator. The defendant was called reus, both in private and public causes: this term, however, according to Cicero, might signify either party, as indeed we might conclude from the word itself. In a private action the defendant was often called adversarius, but either party might be called adversarius with respect to the other. Wards brought their actions by their guardian or tutor. Peregrini, or aliens, originally brought their action through their patronus; but afterwards in their own name, by a fiction of law, that they were Roman citizens. A Roman citizen might also generally bring his action by means of a cognitor or procurator. [[Actio].] Actor has also the sense of an agent or manager of another’s business generally. The actor publicus was an officer who had the superintendence or care of slaves and property belonging to the state.

ACTŬĀRĬAE NĀVES, transport-vessels, seem to have been built in a lighter style than the ordinary ships of burden, from which they also differed in being always furnished with oars, whereas the others were chiefly propelled by sails.

ACTŬĀRĬI, short-hand writers, who took down the speeches in the senate and the public assemblies. In the debate in the Roman senate upon the punishment of those who had been concerned in the conspiracy of Catiline, we find the first mention of short-hand writers, who were employed by Cicero to take down the speech of Cato.

ACTUS, a Roman measure of length, also called actus quadratus, was equal to half a jugerum, or 14,400 square Roman feet. The actus minimus, or simplex, was 120 feet long, and four broad, and therefore equal to 480 square Roman feet. Actus was also used to signify a bridle-way.

ĂCUS (βελόνη, βελονίς, ῥαφίς), a needle, a pin. Pins were made not only of metal, but also of wood, bone, and ivory. They were used for the same purposes as with us, and also in dressing the hair. The mode of platting the hair, and then fastening it with a pin or needle, is shown in the annexed figure of a female head. This fashion has been continued to our own times by the females of Italy.