ACROSTŎLĬUM. [NAVIS.]

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.)]

A Smaller Dictionary of Greek and Roman Antiquities · 第 20 / 846 题