NĒNIA. [FUNUS, p. 188, _a._]

NĔŌCŎRI (νεωκόροι), signified originally temple-sweepers, but was

applied even in early times to priestly officers of high rank, who

had the supreme superintendence of temples and their treasures.

Under the Roman emperors the word was especially applied to those

cities in Asia, which erected temples to the Roman emperors, since

the whole city in every such case was regarded as the guardian of the

worship of the emperor. Accordingly we frequently find on the coins

of Ephesus, Smyrna, and other cities, the epithet Νεωκόρος, which

also occurs on the inscriptions of these cities.

NEPTŪNĀLĬA, a festival of Neptune, celebrated at Rome, of which very

little is known. The day on which it was held was probably the 23rd

of July. In the ancient calendaria this day is marked as _Nept. ludi

et feriae_, or _Nept. ludi_, from which we see that the festival was

celebrated with games.

NEXUM, was either the transfer of the ownership of a thing, or the

transfer of a thing to a creditor as a security; accordingly in

one sense Nexum included Mancipium [MANCIPIUM]; in another sense,

Mancipium and Nexum are opposed in the same way in which Sale and

Mortgage or Pledge are opposed. The formal part of both transactions

consisted in a transfer _per aes et libram_. The person who became

_nexus_ by the effect of a _nexum_ or _nexus_ (for this form of

the word also is used) was said _nexum inire_. The phrases _nexi

datio_, _nexi liberatio_, respectively express the contracting and

the release from the obligation. The Roman law as to the payment of

borrowed money was very strict. By a law of the Twelve Tables, if the

debtor admitted the debt, or had been condemned in the amount of the

debt by a judex, he had thirty days allowed him for payment. At the

expiration of this time, he was liable to be assigned over to the

creditor (_addictus_) by the sentence of the praetor. The creditor

was required to keep him for sixty days in chains, during which time

he publicly exposed the debtor on three nundinae, and proclaimed the

amount of his debt. If no person released the prisoner by paying the

debt, the creditor might sell him as a slave or put him to death.

If there were several creditors, the letter of the law allowed them

to cut the debtor in pieces, and to take their share of his body in

proportion to their debt. There is no instance of a creditor ever

having adopted this extreme mode of satisfying his debt. But the

creditor might treat the debtor, who was addictus, as a slave, and

compel him to work out his debt; and the treatment was often very

severe. The Lex Poetilia (B.C. 326) alleviated the condition of the

nexi. So far as we can understand its provisions, it set all the nexi

free, or made them _soluti_, and it enacted that for the future there

should be no nexum, and that no debtor should for the future be put

in chains.

NŌBILES, NŌBĬLĬTAS. In the early periods of the Roman state the

Patricians were the Nobles as opposed to the Plebs. In B.C. 366, the

plebeians obtained the right of being eligible to the consulship,

and finally they obtained access to all the curule magistracies.

Thus the two classes were put on the same footing as to political

capacity; but now a new order of nobility arose. The descendants of

plebeians who had filled curule magistracies, formed a class called

Nobiles or men “known,” who were so called by way of distinction

from “Ignobiles” or people who were not known. The Nobiles had no

legal privileges as such; but they were bound together by a common

distinction derived from a legal title and by a common interest;

and their common interest was to endeavour to confine the election

to all the high magistracies to the members of their body, to the

Nobilitas. Thus the descendants of those Plebeians who had won their

way to distinction combined to exclude other Plebeians from the

distinction which their own ancestors had transmitted to them. The

external distinction of the Nobiles was the Jus Imaginum, a right or

privilege which was apparently established on usage only, and not on

any positive enactments. These Imagines were figures with painted

masks of wax, made to resemble the person whom they represented; and

they were placed in the Atrium of the house, apparently in small

wooden receptacles or cases somewhat in the form of temples. The

Imagines were accompanied with the tituli or names of distinction

which the deceased had acquired; and the tituli were connected in

some way by lines or branches so as to exhibit the pedigree (stemma)

of the family. These Imagines were generally enclosed in their cases,

but they were opened on festival days and other great ceremonials,

and crowned with bay (laureatae): they also formed part of a solemn

funeral procession. It seems probable that the Roman Nobilitas, in

the strict sense of that term, and the Jus Imaginum, originated

with the admission of the Plebeians to the consulship B.C. 366. A

plebeian who first attained a Curule office was the founder of his

family’s Nobilitas (princeps nobilitatis; auctor generis). Such a

person could have no imagines of his ancestors; and he could have

none of his own, for such imagines of a man were not made till after

he was dead. Such a person then was not nobilis in the full sense of

the term, nor yet was he ignobilis. He was called by the Romans a

“novus homo” or a new man; and his status or condition was called

Novitas. The term novus homo was never applied to a Patrician. The

two most distinguished “novi homines” were C. Marius and M. Tullius

Cicero, both natives of an Italian municipium. The Patricians would

of course be jealous of the new nobility; but this new nobility once

formed would easily unite with the old aristocracy of Rome to keep

the political power in their hands, and to prevent more novi homines

from polluting this exclusive class. As early as the second Punic war

this new class, compounded of Patricians or original aristocrats,

and Nobiles or newly-engrafted aristocrats, was able to exclude novi

homines from the consulship. They maintained this power to the end

of the republican period, and the consulship continued almost in

the exclusive possession of the Nobilitas. The _Optimates_ were the

Nobilitas and the chief part of the Equites, a rich middle class,

and also all others whose support the Nobilitas and Equites could

command, in fact all who were opposed to change that might affect the

power of the Nobilitas and the interests of those whom the Nobilitas

allied with themselves. Optimates in this sense are opposed to

Plebs, to the mass of the people; and Optimates is a wider term than

Nobilitas, inasmuch as it would comprehend the Nobilitas and all who

adhered to them.

NŌMEN (ὄνομα), a name. The Greeks bore only one name, and it was

one of the especial rights of a father to choose the names for his

children, and to alter them if he pleased. It was customary to give

to the eldest son the name of the grandfather on his father’s side;

and children usually received their names on the tenth day after

their birth.--Originally every Roman citizen belonged to a gens, and

derived his name (_nomen_ or _nomen gentilicium_) from his gens,

which _nomen gentilicium_ generally terminated in _ius_. Besides

this, every Roman had a name, called _praenomen_, which preceded the

nomen gentilicium, and which was peculiar to him as an individual,

_e.g._ Caius, Lucius, Marcus, Cneius, Sextus, &c. This praenomen

was at a later time given to boys on the ninth day after their

birth, and to girls on the eighth day. This day was called _dies

lustricus_, _dies nominum_, or _nominalia_. The praenomen given to

a boy was in most cases that of the father, but sometimes that of

the grandfather or great-grandfather. These two names, a _praenomen_

and a _nomen gentilicium_, or simply _nomen_, were indispensable

to a Roman, and they were at the same time sufficient to designate

him; hence the numerous instances of Romans being designated only

by these two names, even in cases where a third or fourth name was

possessed by the person. Every Roman citizen, besides belonging to

a gens, was also frequently a member of a familia, contained in a

gens, and accordingly might have a third name or _cognomen_. Such

cognomina were derived by the Romans from a variety of mental or

bodily peculiarities, or from some remarkable event in the life of

the person who was the founder of the familia. Such cognomina are,

Asper, Imperiosus, Magnus, Maximus, Publicola, Brutus, Capito, Cato,

Naso, Labeo, Caecus, Cicero, Scipio, Sulla, Torquatus, &c. These

names were in most cases hereditary, and descended to the latest

members of a familia; in some cases they ceased with the death of the

person to whom they were given for special reasons. Many Romans had a

second cognomen (_cognomen secundum_ or _agnomen_), which was given

to them as an honorary distinction, and in commemoration of some

memorable deed or event of their life, _e.g._ Africanus, Asiaticus,

Hispallus, Cretensis, Macedonicus, Allobrogicus, &c. Such agnomina

were sometimes given by one general to another, sometimes by the army

and confirmed by the chief-general, sometimes by the people in the

comitia, and sometimes they were assumed by the person himself, as

in the case of L. Cornelius Scipio Asiaticus. The regular order in

which these names followed one another was:--1. praenomen; 2. nomen

gentilicium; 3. cognomen primum; 4. cognomen secundum or agnomen.

Sometimes the name of the tribe to which a person belonged, was added

to his name, in the ablative case, as Q. Verres Romilia, C. Claudius

Palatina. If a person by adoption passed from one gens into another,

he assumed the praenomen, nomen, and cognomen of his adoptive father,

and added to these the name of his former gens, with the termination

_anus_. Thus C. Octavius, after being adopted by his uncle C. Julius

Caesar, was called C. Julius Caesar Octavianus, and the son of L.

Aemilius Paullus, when adopted by P. Cornelius Scipio, was called P.

Cornelius Scipio Aemilianus. [ADOPTIO.] Slaves had only one name,

and usually retained that which they had borne before they came

into slavery. If a slave was restored to freedom, he received the

praenomen and nomen gentilicium of his former master, and to these

was added the name which he had had as a slave. Instances of such

freedmen are, T. Ampius Menander, a freedman of T. Ampius Balbus,

L. Cornelius Chrysogonus, a freedman of L. Cornelius Sulla, and M.

Tullius Tiro, freedman of M. Tullius Cicero.

NŎMŎPHỸLĂCES (νομοφύλακες), certain magistrates or official persons

of high authority, who exercised a control over other magistrates,

and indeed over the whole body of the people, it being their duty to

see that the laws were duly administered and obeyed. Mention is made

of such officers at Sparta and elsewhere, but no such body existed at

Athens, for they must have had a power too great for the existence of

a democracy. The Senate of 500, or the Areopagitic council, performed

in some measure the office of law-guardians; but the only persons

designated by this name appear to have been inferior functionaries (a

sort of police), whose business it was to prevent irregularities and

disturbances in the public assemblies.

NŎMOS (νόμος). This word comprehends the notion not only of

established or statute law, but likewise of all customs and opinions

to which long prescription or natural feeling gives the force of

law. Before any written codes appeared, law was promulgated by the

poets or wise men, who sang the great deeds of their ancestors, and

delivered their moral and political lessons in verse. As civilisation

advanced, laws were reduced to writing, in the shape either of

regular codes or distinct ordinances, and afterwards publicly

exhibited, engraved on tablets, or hewn on columns. The first

written laws we hear of are those of Zaleucus. The first at Athens

were those of Draco, called θεσμοὶ, and by that name distinguished

from the νόμοι of Solon. The laws of Lycurgus were not written. He

enjoined that they should never be inscribed on any other tablet

than the hearts of his countrymen. Those of Solon were inscribed on

wooden tablets, arranged in pyramidal blocks, turning on an axis,

called ἄξονες and κύρβεις. They were first hung in the Acropolis, but

afterwards brought down to the Prytaneum.

NŎMŎTHĔTAE (νομόθεται), movers or proposers of laws, the name of a

legislative committee at Athens, which, by an institution of Solon,

was appointed to amend and revise the laws. At the first κυρία

ἐκκλησία in every year, any person was at liberty to point out

defects in the existing code or propose alterations. If his motion

was deemed worthy of attention, the third assembly might refer

the matter to the Nomothetae. They were selected by lot from the

Heliastic body; it being the intention of Solon to limit the power

of the popular assembly by means of a superior board emanating from

itself, composed of citizens of mature age, bound by a stricter oath,

and accustomed to weigh legal principles by the exercise of their

judicial functions. The number of the committee so appointed varied

according to the exigency of the occasion. The people appointed

five advocates (σύνδικοι) to attend before the board and maintain

the policy of the existing institution. If the proposed measure

met the approval of the committee, it passed into law forthwith.

Besides this, the Thesmothetae were officially authorised to review

the whole code, and to refer to the _Nomothetae_ all statutes which

they considered unworthy of being retained. Hence appears the

difference between _Psephisma_ (ψήφισμα) and _Nomos_ (νόμος). The

mere resolution of the people in assembly was a _psephisma_, and only

remained in force a year, like a decree of the senate. Nothing was a

_law_ that did not pass the ordeal of the Nomothetae.

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