ACRŎTĒRĬUM (ἀκρωτήριον), signifies the extremity of any thing, and
was applied by the Greeks to the extremities of the prow of a vessel
(ἀκροστόλιον), which were usually taken from a conquered vessel as
a mark of victory: the act of doing so was called ἀκρωτηριάζειν. In
architecture it signifies, 1. The sloping roof of a building. 2. The
pediment. 3. The pedestals for statues placed on the summit of a
pediment. In sculpture it signifies the extremities of a statue, as
wings, feet, hands, &c.
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.
[Illustration: Acus. (Montfaucon, Ant. Exp., Suppl., iii. 8.)]