On Powers, Or the Magistracies of the Roman State (De magistratibus reipublicae Romanae) 0773445269, 9780773445260

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ON PO7,vERS OR THE MAGISTRACIES OF THE ROMAN STATE (DE MAGISTRATIBUS IPUBLICAE ROMANAE) Ioannes Lydus Translated and Edited by Anastasius C. Bandy

With Associate Editors Anastasia Bandy, Demetrios J. Constantelos and Craig J.N. de Paulo

With a Preface by Michael Maas

The Edwin Mellen Press Lewiston•Queenston.Lampeter

Library of Congress Cataloging-in-Publication Data Lydus, Johannes Laurentius, 490-ca. 565. [De magistratibus populi Roman libri tres. English] On powers, or the magistracies of the Roman state (De magistratibus reipublicae romanae) / by loannes Lydus ; translated and edited by Anastasius C. Bandy with associate editors Anastasia Bandy, Demetrios J. Constantelos, and Craig J.N. de Paulo ; preface by Michael Maas. pages cm. Includes bibliographical references. ISBN-13: 978-0-7734-4526-0 (hardcover) ISBN-10: 0-7734-4526-9 (hardcover) I. Bureaucracy--Byzantine Empire. I. Bandy, Anastasius. II. Title. PA4221.34A223 2012 937--dc23 2012045576 hors serie. A CIP catalog record for this book is available from the British Library. Copyright © 2013 Anastasia Bandy, Demetrios J. Constantelos and Craig J.N. de Paulo All rights reserved. For information contact The Edwin Mellen Press Box 450 Lewiston, New York USA 14092-0450

The Edwin Mellen Press Box 67 Queenston, Ontario CANADA LOS ILO

The Edwin Mellen Press, Ltd. Lampeter, Ceredigion, Wales UNITED KINGDOM SA48 8LT Printed in the United States of America

CONTENTS Foreword Anastasia Bandy Foreword Demetrios J. Constantelos

iii

Foreword Craig J. N. de Paulo

vii

Preface Anastasius C. Bandy

xi

Preface Michael Maas Acknowledgments

xxvii

Tabula Codicum (All Three Works)

xxxi

Chart for Ioannes Lydus` "Names of Winds" (De Mensibus)

xxxiii

Introduction Anastasius C. Bandy Volume One: On the Months (De Mensibus)

47

Volume Two: On Celestial Signs (De Ostentis)

47

Volume Three: On Powers (De Magistratibus)

47

Volume Four: Indices

47

Associate Editor's Foreword Anastasia Bandy

My husband's first love was philosophy and along with it, of course, Classical Greek. He considered himself to be a philologist. He was attracted to the use and meaning of words. With his work and by simply browsing, Anastasius wore out two of the large Liddell-Scott dictionaries. After his retirement from teaching, his translation of the De Magistratibus was published in 1983. Some years later he began to work

on the De Ostentis and De Mensibus, wanting to complete the three extant works of loannes Lydus. For so many years, we worked side by side at the computer. I typed all of the English sections, translations, Introduction and Indices. Earlier in Paris at the Bibliotheque Nationale where my husband had permission to read the manuscript of the De Magistratibus, I searched for the sources he wanted to see and brought them to him. It was a task I enjoyed. He had success in filling in lacunas in manuscripts, which probably was a result of his work on his dissertation, The Greek Christian Inscriptions of Crete.

Anastasius was a perfectionist. He changed the translation often for a better word, a clearer meaning. In fact, while he was in the hospital just before he passed away, he asked me to bring the last page of the De

11

Magistratibus to him because he wanted to make a change! Unfortunately,

he did not get a chance to make the change. One of our major problems was finding competent typists for the Greek texts. This kept us several years behind our schedule. For almost twenty years of our sixty-seven years of marriage we were always working together, which I now miss very much. Finally, I must thank with all my heart two friends and colleagues of Anastasius, Professor Demetrios J. Constantelos and Professor Craig J. N. de Paulo for all of their efforts in preparing this work for publication.

Philadelphia, Pennsylvania

Associate Editor's Foreword Demetrios J. Constantelos The Richard Stockton College of New Jersey

Although a friend for many years, over the last several years we mostly met as concelebrants at the altar and over coffee in Church halls where we continued to exchange ideas of common interest. In his long journey of life, Professor Anastasius Bandy followed the advice given in the second letter attributed to St. Peter, which advised "cruxoonyelaccte EV TT1 TTLGTEL 11161V T11V a@ETT1V, EV

be

T11

aQETli

T11V

yvthcnv" ("go forward

and build upon your faith virtue, and on virtue add knowledge.") Father Anastasios was a pioneer of priests of the Greek Orthodox Archdiocese who have been characterized as our scholar-priests. As one of the early graduates of our old Holy Cross Theological Institute in Pomfret, Connecticut, he set an example of a person of faith, virtue, and knowledge that several other Holy Cross graduates followed. He attended Holy Cross from 1940 to 1945 when he received a diploma in theology; nearly two months later he married Anastasia Kertiles, his devoted wife of 67 years. He was ordained a deacon on August 19, 1945 by Athenagoras Kavadas, the unforgettable Bishop of Boston and first Dean of Holy Cross; on October 5 of the same year, he was ordained presbyter by Germanos Polyzoides, Bishop of Nyssa, a simple, humble, genuine, a

iv "sympresvyteros" as some Church Fathers, like St. Basil and John

Chrysostom, would describe him. As a priest, Father Anastasios served the Hagia Sophia Greek Orthodox Church in San Antonio, Texas (1945-47), St John the Theologian in Jacksonville, Florida,{1947-1949} and St George Antiochian Orthodox Church in Philadelphia from 1951-1958. From 1959 to his retirement he had several temporary appointments in California and the Metropolitan Philadelphia area. While serving the needs of the small Community of St. George of the Antiochian Episcopate, he was able to pursue post-graduate studies. He received degrees in philosophy and the Greek and Latin classics from La Salle College {A.B.] and the University of Pennsylvania {A.M., Ph.D.]. Later, he accepted a teaching position at the University of California, Riverside, from which he retired in1981 as professor emeritus. Upon his return to Philadelphia, he became a lecturer in Classics at Villanova University between from 1984 to 1990. During his academic career he received several honors, grants, fellowships, including a Dumbarton Oaks Visiting Fellowship, the American Council of Learned Societies, the American Philosophical Society among others. Father Anastasios wrote and published several studies, essays, articles and reviews in professional periodicals. I first became acquainted with his scholarly work when he published his The Greek Christian Inscriptions of Crete, Athens 1970, which received several favorable reviews by scholars. His critical review of M.Carpenter's Kontakia of Romanos published in the Classical World, and his

V

"Addenda et Corrigenda to M. Carpenter's Kontakin of Romanos" in Byzantine Studies contributes to a better understanding of Romanos

Melodos' hymns in English translation. In the same area of philological and linguistic work was his translation of six of the monastic typika, a project sponsored by the Dumbarton Oaks Center for Byzantine Studies. Father Anastasios' scholarly work, which culminates in this present collection of books, will be used by Byzantine scholars for many years to come. Indeed, his scholarship has left a definite mark on Classical Greek and Byzantine Studies that will prove to endure.

Galloway, New Jersey

Associate Editor's Foreword Craig J. N. de Paulo Collegium Augustinianum

First of all, I must say that it is a great honor to have been asked to finalize these volumes for publication on behalf of my dear late and esteemed friend, The Rev. Professor Anastasius C. Bandy for whom I have the greatest respect and admiration. It has equally been an honor and a delight to have worked alongside Mrs. Anastasia Bandy, whose intelligence and graciousness has impressed me for life, and The Rev. Professor Demetrios J. Constantelos for whom I also have great admiration. Although I am myself an historian of philosophy and a scholar in St. Augustine of Hippo, over the last seven years I have been deeply immersed in the Byzantine tradition and increasingly humbled by its depth. Although Father Anastasius Bandy worked on this great project for nearly twenty years, he sadly passed away just as he was about to begin to prepare his manuscript for publication. Thus, the reader must keep in mind that this is a posthumous work, and that my colleagues and I were eager to publish it in order to fulfill the wishes of Professor Bandy and to get his extraordinary translations into print. Byzantine scholars will recall Professor Bandy's 1983 translation of the De Magistratibus of Ioannes Lydus into English, which also appears in this collection with recent

via revisions. In the present collection, Professor Bandy has further provided original translations of Lydus' De Ostentis and De Mensibus into English for the first time. I also wish to say that, despite several offers from notable university presses that wished to publish his work, Father Bandy wanted his translations to appear along with the original Greek texts in order to accommodate Byzantine scholars and students alike. I should also say that it was terribly difficult to find competent individuals to transcribe the original Greek texts, which inevitably delayed these volumes from being published earlier. Further, because the typists used different programs to complete their work, it was an extraordinary task to make changes to the Greek texts and to prepare them for publication. Although Mrs. Bandy, Professor Constantelos and I spend many weeks trying to identify and correct the mistakes, these programs made it nearly impossible for us to make these corrections efficiently. Therefore, on behalf of Professor Anastasius Bandy, I must apologize for whatever errors remain in the original versions of the Greek texts; but, once again, since this is a posthumous work, we decided that to correct all of the visible mistakes in the Greek would further delay this project by several years more. We must also apologize that we could simply not incorporate all of Professor Bandy's own corrections and changes to the Greek text, which is a surely a project in itself. The reader will also notice that Professor Bandy preferred to use italics for quotations in his translations, which he addresses in his own Preface.

ix I am so pleased that this collection, a testament to the scholarship of Professor Anastasius Bandy, is finally published and available for those students and scholars interested in this fascinating Early Byzantine writer. Finally, I am very grateful to have worked on this collection, and I am even more grateful to have known Father Anastasius Bandy, who was one of those rare individuals so utterly consumed by his love for his discipline, that anyone who knew him recognized that he lived and breathed Ancient Greek—it was his profession and his passion.

Philadelphia, Pennsylvania

Preface Anastasius C. Bandy

From a youthful age, I was attracted by Greek and Latin grammar, syntax, and literature, an attraction which developed into a passion, obsession, lifelong study, and ultimately an academic profession. Textual criticism and epigraphy also interested me. For many years I have been collecting Latin vocabulary in Greek literature, papyri, and inscriptions. Since the works of Lydus are replete with Latin vocabulary, I also decided to prepare for publication an edition of both their text and translation. The objectives in my edition have been textual and translational. In the preparation of Lydus' three works I have been respective of the initial work done by all previous editors, having carefully reviewed and revised their texts in my attempt to restore his autograph. I supplied, wherever it seemed necessary, carelessly omitted words or phrases by scribes and have offered plausible conjectures concordant with Lydus' usage and style. The translation presented here is faithful and accurate so as to express Lydus' intended thought. A loose or free translation frequently can be faulty and deceptive, not representing the thought of the author but merely that of the translator. Lydus' often long and protracted sentences reflect that found in the works of many Greek historians. His repetitious use of certain linguistic expressions, although sometimes

xi i

awkward to render in English, have been retained in order to capture his peculiar linguistic and seemingly crabbed style. I have tried to solve satisfactorily all passages difficult to comprehend. It is to be noted that the edition of the De Magistratibus by Professor Jacques Schamp of Switzerland has presented the historical materials of this work fully and extensively so that it also should be seriously consulted in conjunction with my own edition since I have not always dealt fully with the external evidence of Lydus' materials, this being the province of historians. Moreover, having deviated from the usual practice of translators, I have preferred not to render Latin names anglicized but to retain their Latin form and also to render Greek names Latinized. In order to avoid cumbersome punctuation, I have used italics for direct quotations rather than quotation marks. Various indices, at times lengthy but not exhaustive, are presented so that the readers of the translation may not be distracted by a plethora of footnotes elucidating the text. The materials in these indices are not always readily available to general readers but give a brief account of persons, places, and other diverse subjects mentioned by Lydus but with greater detail than he gives. In the preparation of my work I owe a debt of gratitude to Charles Astruc, former Conservateur an Departeraent de Manuscrits de la Bibliotheque Nationale de France, who permitted me in 1972 to read the Codex Cascolinus,

making available to me his paleographic expertise and knowledge about this manuscript. I owe gratitude also to his successor Christian Forstel, who graciously permitted me in October 2007 to review the manuscript, granting me every facility and assistance. Finally gratitude also is due to

Anastasia, my dear and extremely patient wife, who graciously and willingly undertook the often tedious and time-consuming task of typing the manuscript of my edition and frequently offering me many suggestions towards its improvement. Gratitude is due also to my greatnephew, Dimitri P. Dovas, Esq. for formatting the English parts of my work, and not least to Dr. Koula Micha for her competent typing of the Greek texts.

Philadelphia, Pennsylvania

Preface Michael Maas Rice University

Sharing the Byzantine Legacy In his desire to share the Byzantine literary heritage with scholars and the general community alike, the late Father Anastasius Bandy, for many years a distinguished professor at the University of California at Riverside and later at Villanova University, devoted his energy to studying and translating the manuscripts of the sixth century bureaucrat and antiquarian Ioannes Lydus, also known as John the Lydian, or just Lydus. Though separated by a millennium and a half during which Byzantium rose and fell, the two scholars had much in common: love of philology, devotion to the intellectual traditions of Roman past, and profound concern that ancient learning not be forgotten. Yet they were far more than custodians; both men remained full participants, in their very different ways, in the traditions that they cherished. When Professor Craig J. N. de Paulo of the Collegium Augustinianum asked me to

xvi introduce these volumes of Professor Bandy's work and to offer a brief discussion of their significance, I was happy to oblige not simply because of my own interest in the material but because when I was a student reading Lydus for the first time, Professor Bandy showed me great courtesy and kindness. How might we best appreciate Professor Bandy's efforts? This is not the proper place to discuss his translation or the details of his manuscript work, though it is fair to say that he went beyond the standard Teubner editions of the nineteenth and early twentieth century in his emendations and commentary, and that he had the opportunity to consult the 2006 Bude edition of On the Magistracies prepared by Michel Dubuisson and Jacques Schamp. By offering a translation into English of Lydus' three treatises, On Celestial Signs (de Ostentis), On Months (de Mensibus)., and On Magistracies (de Magistratibus), Bandy enables Greek-less readers of the twenty-first century to engage the Byzantine scholar's works together in English for

xvii the first time'. They will encounter a treasure trove of information gathered from previous Greek and Latin authors important in their own right, and more than that, they will come to see Lvdus as a man of the age of Justinian, a stressful time of cultural, political, and religious conflict. Thus Bandy's translations open two windows, one onto the data that Lydus collected, and for which he has been mostly valued as the collator of sources which we might otherwise have lost, and another window onto the emergence of the medieval Byzantine world-view at Constantinople. While not as dramatic as Procopius' History of Justinian's wars, as farreaching as the emperor's great Corpus of Civil Law, or as resonant as Romanos the Melodist's Hymns, to name only a few of the masterpieces of this era, Lydus's three antiquarian treatises stand as distinctive parts of a puzzle, constituent elements of a new and vibrant Byzantine civilization coming into being. What were the main issues of Justinian's day to which Lydus reacted? The titles of his antiquarian works do not necessarily connote contemporary significance, but their content tells a very different story. I

'Thom Camey's John the Lydian. On the Magistracies of the Roman Consitution (Sydney:

xviii would suggest that readers consider two interrelated questions that Lydus' antiquarianism is especially keyed to help answer. First, what was the status of the non-Christian classical tradition in sixth century Byzantium? Second, and of equal import, what was the interface of science and religion during this same period? The questions point to cultural and religious developments of far-reaching consequence that of course cannot be answered in this brief preface but that should be kept in mind as a backdrop to Lydus' work. Let us look at his treatises one at a time. On Celestial Signs, which presents a selection of material about celestial signs and portents, illustrates a notable phase of transition from the classical to the medieval worlds. Theologians and others began to understand the cosmos and the role of God and causal forces within it in new ways. All of the texts selected and translated by Lydus into Greek from Latin were without question written by non-Christians. (Lydus contributes much to investigation of Greek and Latin bilingualism at the end of classical antiquity in the greater Mediterranean world). Most of

The Wentworth Press, 1965) is no longer in print.

xix Lydus' sources even predate the advent of the religion in the empire. As we would expect, then, these texts presume a cosmos in which the stars and other natural phenomena have independent agency and cause things to happen in the human realm; in some writers' hands they are considered autonomous, divine forces, even deities. We know from a wealth of independent evidence that in Constantinople when Lydus pursued his career in the imperial bureaucracy, the status of "pagan" learning was a hot-button issue. Justinian legislated against astrologers and "magicians" who claimed to predict the future, and churchmen railed against such pagan approaches to causation. History records book-burnings and purges of suspect intellectuals. In Lydus' hands, however, antiquarian scientific material found a haven in a Christian cosmos. For example, he points out in the proemion of On Celestial Signs, that the Bible is full of signs (crimiEia) that transcend

nature and are ultimately sent by God, perhaps in the form of celestial phenomena such as comets; when wondrous occurrences occur on earth, like the plagues visited on the Egyptians in Exodus, they are called portents (-cepa-Ea). Both signs and portents give evidence of divine Providence (noovoin), which is frequently mentioned in this work, and

xx something that churchmen denied to pagan deities. From a Christian perspective, signs and portents may only prefigure events but not cause them to happen. When they are explained as expressions of Divine Providence, however, they become acceptable within a Christian explanatory system. In this way ancient works that contained information about signs and portents became legitimate subjects of study. We find Lydus' direct involvement with signs and portents of his own day; in this regard he is no mere antiquarian studying only past occurrences in biblical or Roman times. Immediately after he adduces biblical signs and portents in the proemion of On Celestial Signs, thereby framing his treatise in acceptable Christian language and also indicating his own beliefs, he tells the story of a celestial sign that he witnessed, the appearance in the sky of a "horse-headed" comet that prefigured the disastrous Persian invasion of 540 and the destruction of Antioch. He explains that while he often had read books about celestial signs, it was not until he saw this particular comet that he became convinced of signs' prefigurative power and decided to write a treatise about them. On Celestial Signs mentions a number of other celestial events that he had also experienced. Thus, when Lydus adds examples from his own experience

xxi to the extensive excerpts he has culled from the astrological corpus (perhaps via intermediary handbooks), he affirms the eternity of the truths expressed in them and demonstrates that old principles still hold and that the learning of the past still has value. He informs us, furthermore, that contemplating the stars is not irreligious; rather, doing so can lead us to understand God's Divine Providence. With God leading us, he suggests, we can admire celestial phenomena and discuss them according to our ability. Lydus was not alone in his day in his belief in the potency of celestial signs and portents, but he is of special value for the clarity with which he explains the conjunction of pagan and Christian belief. He does not write as a pagan, but as a Christian for whom antique data still has validity because it can be explained in biblical terms. Lydus may not write like a churchman, but as did other figures of his day such as Junillus Africanus, Procopius of Caesarea, and others, he successfully walked the tightrope between ancient knowledge, professional expertise, and Christian belief. In contrast, On Months is perhaps the least well connected to contemporary developments. The earliest of Lydus' treatises, it appears not to engage directly any phenomena of Justinian's day and in that sense

xxii to be the most antiquarian. For example, the historical information it contains about calendars does not correspond to the calendar then in use in Constantinople. The treatise's structure, however, reveals Lydus' hand at work. As far as we can tell, no previous treatise organized material about the calendar in four major sections, one book about the earliest Roman calendars, one book about the days of the week, another about the months in general, and the last about the months in sequence, listing their holidays and festivals. I single out for comment here only two notable points regarding this diffuse material. First I draw attention to his treatment of the seven day week, which he describes starting with Sunday, the first day of the Christian week. Lydus packed his description with details from pre-Christian antiquity, but he makes no effort to resurrect any archaic patterns of organizing the days. In fact, he accepts the seven day Christian week completely and without hesitation. We see as well that he draws data about the numerological significance of each weekday from a source that dealt with the decade, the basic 1 to 10 number sequence in the science of numerology, and that he ingeniously adapted it to the seven day week, making ancient data fit a Christian frame.

xxiii A second example from On Months does point to contemporary circumstances. Lydus describes the festival of the Brumalia, an old pagan New Year celebration. What makes his treatment interesting is that during the time of Justinian the celebration had lost its pagan associations among the laity. At mid sixth-century the celebration, sometimes called the "festival of Cronos", was just a pleasant way to greet friends and exchange gifts as the New Year began. Lydus tells us that churchmen shrank from the holiday, but we know that the population at large, including Justinian, enjoyed it. Some, at least, like the churchmen to whom Lydus referred, reacted strongly against the Brumalia's pagan past and any echoes of it remaining in daily practice. And so, Justinian's Code maintained a law first issued more than a century earlier that permitted old festivals to be celebrated — as long as they were free of pagan sacrifice. What was acceptable to Justinian, Lydus, and the public at large, however, would not always remain so. In the next century, the Quinesextum Council ("in Trullo") of 692 held in Constantinople, celebration of the Brumalia and other old holidays such as the Kalends, the Vota, and the Panegyris were explicitly forbidden. This example places Lydus on the

xxiv cusp of a great change which marked the suppression of vestiges of the pagan legacy in Christian Byzantium. Finally we turn to Lydus's best known book, On the Magistracies of the Roman State, the first of his works to be treated by Professor Bandy with a text and translation, in 1983. In this study of the long history of the Praetorian Prefecture in which he served proudly throughout his career, Lydus vented his frustration at the current decline of the illustrious state office, explaining its current condition with models of generation and decay derived from Aristotle. He also argued that knowledge of the Prefecture's history and the procedures that once had made it great were necessary for its renewal by the emperor. Placed as he was at the center of imperial power, Lydus knew well that a keystone of Justinian's reign was restoration of the Roman state in territorial as well as organizational terms. Thus, for Lydus, the past could provide the template for a successfully run empire once again. Lydus described his career and its discontents as the continuation of ancient administrative practice — and the remedy for modem ills. Professor Bandy's text and translation of the works of John Lydus will give a new generation of students access to an exciting era in the

xxv evolution of Byzantium. Knowing that scholars today continue to explore that time, its precedents, and its consequences, would surely have pleased both men. Houston, TX

Suggestions for Further Reading Averil Cameron, Procopius and the Sixth Century (Berkeley: University of California Press, 1985). Averil Cameron, "Old and New Rome: Roman Studies in Sixth-Century Constantinople," in Transformations of Late Antiquity: Essays for Peter Brown, ed. Philip Rousseau and Emmanuel Papoutsakis (Farnham: Ashgate, 2009), pp. 15-36. Jean le Lydien. Des Magistratures de l'Etat Romain, ed. Michel Dubuisson and Jacques Schamp (Paris: Les Belles Lettres, 2006). Christopher Kelly, Ruling the Later Roman Empire (Cambridge, MA. and London: Harvard University Press, 2004). Stephen C. McCluskey, Astronomies and Cultures in Early Medieval Europe (Cambridge: Cambridge University Press, 1998). Michael Maas, John Lydus and the Roman Past. Antiquarianism and Politics in the Age of Justinian (London: Routledge, 1992). Michael Maas, ed., The Cambridge Companion to the Age of (New York: Cambridge University Press, 2005).

Justinian

Michael Maas, Exegesis and Empire in the Early Byzantine Mediterranean. Junillus African is and the Instituta Regularia Divinae Legis, with a

xxvi contribution by Edward G. Mathews, Jr., with the Latin text established by Heinrich Kihn, translated by Michael Maas. (Tabingen: Mohr Siebeck, 2003). Prokopios, The Secret History: with related texts, ed. and trans., with an Introduction by Anthony Kaldellis (Indianapolis: Hackett, 2010).

ACKNOWLEDGMENTS

I owe deepest gratitude to the late Professor Paul Lemerle, member of the College de France, a friend and celebrated Byzantinist, who first encouraged me to prepare a text-translation of the De Mgistratibus of Lydus to be included in his series titled Le Monde Byzantin, but circumstances beyond his control made his intended publication of this work impossible at that time. The American Philosophical Society, however, accepted my work and published it in 1982 and, moreover, has graciously ceded the rights of its publication of the De Magistratibus to the Loeb Classical Library to be republished, with modifications and improvements, along with the as yet my unpublished De Mensibus and De Ostentis. I owe, finally, my sincerest gratitude to my dear wife, Anastasia,

for undertaking the tedious task of preparing my manuscript of these three works and, not infrequently, for offering, when reading my English translation, valuable sugestions towards its improvement. My objective has not been to present an historical analysis of these three surviving works of Lydus, but to review critically and revise the Greek texts of these works and to render them faithfully into English in such way as to retain the author's distinctive linguistic and didactic style. I have retained the Roman names in their full Latin form and have rendered Greek names in latinized form. Latin and Greek words with

xxviii their explanations and citations from Greek and Latin works are italicized. That the reader may not be distracted unduly by copious footnotes in the text of the translation, the Indices have been made rather full to help the reader understand the content. Two indispensable aids for this purpose are the three volumes of the The Oxford Dictionary of Byzantium (Oxford University University Press, 1991) and The Oxford Classical Dictionary, third edition (Oxford University Press, 1996).

Anastasius C. Bandy Philadelphia, Pennsylvania

ASSOCIATE EDITOR'S ACKNOWLEDGMENTS

On behalf of Professor Anastasius C. Bandy, we must acknowledge the assistance of Ms. Julia Demetriou, Mr. Demetri Dovas, Ms. Stella Drakou, Mr. Scot Kaylor and Mrs. Kyriakoula Kaylor who tirelessly worked on transcribing the three original Greek texts. We are indebted to Mrs. Catherine Conroy de Paulo, Adjunct Lecturer in English Composition at the Pennsylvania State University, for all of her generous assistance with the proofreading of these volumes. We are also very grateful to Professor Alice-Mary Talbot, Director Emerita of Byzantine Studies at Dumbarton Oaks, for all of her counsel and suggestions.

Lastly, we must especially acknowledge the kindness of Professor Michael Maas, of the History Department at Rice University, for graciously writing a commentary Preface to these volumes.

Anastasia Bandy, Demetrios J. Constantelos, Craig J. N. de Paulo Philadelphia, Pennsylvania

TABULA CODICUM, EDITIONUM, NOTARUM

SYMBOLS IN THE APPARATUS CRITICUS (DE MENSIBUS, DE OSTENTIS AND DE MAGISTRATIBUS)

P = Codex Caseolinus Parisinus Supplementi Graeci No. 257 (ix/x A.D.) P2 = manus recentior, corrector Codicis Caseolini (A.D. ?) A = Codex Atheniensis (xviii A.D.) in S. Vasis Festschrift fiir Konstantin S. Kontos (Athens, 1909), 35-66 b = I. Becker loannes Lydus (Bonn, 1837) by = conjectures by Anastasius Bandy f = J. D. Fuss loannis Laurentii Lydi Philadelpheni de IVIagistratibus Reipublicae Romanae libri tres, etc. (Paris, 1812) f■ = J. D. Fuss Ad Carolum Benedictum Hase epistola, etc. (Liege, 1820) w = R. Wiinsch loannis Lydi de magistratibus populi romani libri tres (Leipzig, 1903), or Wachsmuth edition s = Schamp edition h = Hase edition Scor = Codex Scorialensis < > conjectured additions [ 1 one or more letters unreadable because of manuscript damage ( ) one or more words to be deleted ( ) parenthetical digressions by Lydus In the Greek text it indicates the beginning of a folio, recto and verso, of the Codex Caseolinus; in the apparatus criticus it indicates that a word in the Codex Caseolinus is either partially on one line and partially on the following or at the end of one folio and the beginning of the following. corr. = correxit; correctura del. = delevit; deleverunt delend. = delendum

etc. = et cetera fort. = forte; fortasse leg. = legend urn loc. vac. = locus vacuus mal. = malit may. = mavult ontis. = omisit; omiserunt sic. = indication of typographical error

NAMES OF WINDS ACCORDING TO IOANNES INDUS DE NIENSIBUSIV60 ' naQiaw A

north wind Iteong (Reread ) north-northeast wind

twistç (e\11.7KEiCtc) north-n

west wind

C

oyianic

f3oQatc (Bouvd4

west-northwest wind

I

north-northeast wind

Annasaniq east wind

AntiAti:rriv;

east wind

,n14 (0Ati1snia larad,

1

NAMES OF WINDS ACCORDING TO

Cow)

Kasnin

0105

ste ns

north-northwest wind

south-so twest wind

A iffi voro4 south-southwest

INTRODUCTION Anastasius C. Bandy

I Life and Death of Lydus Tworvvnc AccupEyriou (piActhEAspEbg 6 Aubk, rendered in Latin as Ioannes Laurentii Philadelphenus Lydus and in English as John, son of Laurentius, of Philadelphia in Lydia, or John Lydus, or John the Lydian, or simply Lydus, was one of the learned men who had adorned the enlightened age of lustinianus I, Emperor of the Eastern Roman or Byzantine Empire (A.D. 527-565). Being himself also a lover of learning

(Mag. 111.30), he fostered scholarship in literature and in the sciences. Laurentius has been considered by some as a second name,' but more likely it is his father's first name. Lydus is considered the chief exponent of antiquarian studies from the fourth to the sixth centuries,' mentioned by Theophylactus Simocatta (vii A.D.),3 Photius (AD. 810-893),4 Leo VI the

I G. Hugo, Lehrbuch der Geschichte des Riimischen Rechts his auf fustian, ed. 11,13,1097, accepts Lydus' second name more precisely as Laurcntii, namely, son of Laurenfilis, although in his first edition he cites the name of Lydus as Johannes Laurentius, whereas the Codex Scorialensis 413-111-1 on De Mens. IV.79 (ed. Wunsch) takes Laurentius as Lydus' second name. = W. von Christ, Geschichte der griechischen Litteratur umgeatheitet von Wilhelm Schmid and Otto stabil', VII, Zweiter Tell, Zweite Halfte, 1041. Historiae VI1.16.12. 4 Bibliotheca Codicum 180.

2

Wise (A.D. 886-912)/5 Constantinus VII Porphyrogenetus (A.D. 905-959),6 and the Suda.7 Lydus gives Philadelphia in Lydia as his birthplace (Mens. IV.2 Ost. 105 Mag. 111.26,58,59). He says nothing about his parents, who probably were of aristocratic and curial stock, wealthy and munificent.° He went to Constantinoupolis at the age of twenty-one when Secundianus (Mag. 111.26), probably to be identified with Flavius Secundinus, was the consul in the East and Flavius Felix was the consul in the West in A.D. 511.9 His birth, therefore, must have been A.D. 490 when Favius Longinus II was consul in the East and Flavius Probus Faustus Iunior was consul in the West.10 After Lydus had completed his primary education, he went to the imperial capital Constantinoupolis in order to further his studies and to seek a career in the government. After much deliberation he decided to enter the service of the memoriales of the Court (Mag. 111.26), who were subalterns to the magister memoriae under the magister officiorum. A post in the palace ministries was highly coveted and not easily obtainable. Therefore, not to waste his time while he was waiting for such a post, Lydus attended the lectures of an Athenian philosopher named Agapius, a 5

Migne, Patmlogia Graeca CVII, 1092. De Thematibus 17.16 (Migne, Pat rologia Gracca CXII). Lexicon (ed. I. Bekker) s.v. itorivvri; d. C. B. Hase, Prologus in Librurn loannis Lydi de Magistratibus Romanis, sive Commentarius de

Joanne LaurentioPhiladelpheno Lydo, eiusque sciptis, Petri Relandi Fasti Consularcs, ad illustrionem Codicis lustinianci as Theodosiani secundurn rationes temporum digest: et auctoritate scriptorum atque lapidurn antiquorum confirmati. Ad :pros Appendix additur Hadriani Relandi qua Fasfi ex corid. MSStis deprompti et consults in Pandectis memorati confiner: fur, 1715, 679; V. Grumel, La Chronologie, 353.

former student of Proclus and a noted teacher of the day, under whom he studied Platonic and Aristotelian philosophy (A/Lag. 111.26). During Lydus' study of philosophy Emperor Anastasius I (A.D. 491-518) appointed one of his compatriots Zoticus as praetorian prefect (A.D. 511-512), who served slightly over a year (Mag. 111.27). Zoticus took an active interest in Lydus' personal life. He obtained a wife for him at the prompting of Lydus' father's nephew Ammianus (Mag. 111.28), who at that time was excelling as an exceptor (Mag. 111.26). Lydus married a woman, probably from Lydia. Downey" says that she probably was the daughter of Lydus' superior. According to Lydus she was highly virtuous and had brought along a dowry of one hundred pounds of gold (Mag. 111.28), which was equivalent to 7,200 solidi, and soon after their marriage she died in June (Mens. 1V.86) of five hundred twelve perhaps from some illness or from childbirth, hence he mentions no children. Zoticus also launched Lydus' career in the service of the praetorian prefecture by enrolling him among its exceptores, namely, speedwriters. As such Lydus gained moderately not less than one thousand aurei or solidi (Mag. 111.27). His career began brilliantly, but, as he was expecting far

greater successes in the service of the praetorian prefecture, he gave up his original plan of acquiring a post and subsequent advancement in the service of the magister officiorurn and directed all his energies and talents to the praetorian prefecture (Mag. 111.28).

10 Petri Relandi, Fasti Consulares, 664; V. Grumel, La Chronologic, 353. 1 G. Downey, Constantinople in the Age of Justinian, 154.

4

When Zoticus departed from office before November 512, Lydus composed in his honor a brief panegyric, presumably in verse, which, had it survived, may have shed light on the office of the praetorian prefecture and particularly on Zoticus' personality and his activities. This panegyric pleased Zoticus so much that he gave orders for Lydus to receive from the bank one solidus for every line in it (Mag. 111.27). This monetary reward probably did not come from Zoticus' personal bank account but from the praetorian prefecture's treasury. A career in the praetorian prefecture's service began as an exceptor. In earlier times over one thousand exceptores customarily were enrolled annually (Mag. 111.66), the majority of whom during the reign of lustinianus I received one ration allowance, namely, annona, and one fodder allowance, namely, capiturn, the whole being converted to nine solidi annually. The exceptores were assembled into fifteen conventicles called sclzolae, the more learned and capable of whom, after they had demonstrated their expertise and competence during their service, were advanced, if, indeed, they wished, into the body of the Augustales and end up in the final post of cornicularius (Mag. 111.6). Emperor Arcadius (395408) decreed that the praetorian prefecture set up a corps of thirty, of whom fifteen of the more mature and experienced called deputati be assigned to compose documents for the emperors (Mag. III.1 0). The Augustales could hold one of the numerous adiutores in the praetorian prefecture. They could become one of the two commentarienses (Mag. 111.4, 16), namely, prosecutors of criminals (Mag. 11I.16). Each of them had six adiutores (Mag. 111.9), each of whom had chartularii. They could

become one of the two ab actis (Mag. 111.20), namely, custodians of elaborate minutes and public records of all completed transactions in the praetorian prefecture's Court of Justice. Each had six adiutores (Mag. 111.9), each of

whom had chartularii. They could become one of the two scriniarii (Mag. 111.37), namely, experts in accounting and finance (Mag. 111.35). Each of them had six adiutores (Mag. 111.9), each of whom had chartularii. At first the scriniarii had not been members of the praetorian prefecture's staff, not

having been listed in the old register lists, being solely civilian employees who wore no uniform but only civilian dress (Mag. 111.35). They had obtained from Theodosius 1(379-395) the right to be incorporated into the praetorian prefecture's staff and to be elevated into the ranks of the adiutores, but up to the reign of Leo 1 (457-474) they were regarded as if

they were not members of the staff and were excluded from processions or ceremonial occasions of the praetorian prefect up to the reign of Iustinianus I (Mag. 111.35). The Augustales could become one of the two cancellarii (Mag. 111.36, 37), intendants of finance and managers of the imperial and general bank (Mag. 111.36). Each of them also had two assistants, each of

whom had chartularii. Both all documents had to be presented to the praetorian prefect for signature and the declaration of the facts had to be made known through the cancellarii (Mag. 111.37). The Augustales could become an instrumentarius, namely, registrar and completer of the judicial decisions (Mag. 111.19), who made a summary of all completed transactions

in the praetorian prefecture's Court of Justice for speedy recall (Mag. 111.20) or a subadiuva, namely, deputy assistant (Mag. 11.16) or a matricularius, namely, head of the praetorian prefecture's personnel lists (Mag. 111.66).

6

All the adiutores were distinguished for their excellent education, but yet strove to cultivate their knowledge of the Latin language since it was necessary for their work (Mag. 111.27). According to ancient custom no one became an adiutor unless he was a descendant of a distinguished family, educated in the liberal arts, and had served with distinction for nine years as an exceptor (Mag. 11.18). The post of adiutor not only gave its holder honor and great power but also brought him an emolument of one thousand aurei or solidi (Mag. 11.18). A probatoria adiutoris, namely, letter of appointment as an adiutor, in the past cost only five solidi but twenty under lustinianus I (Mag. 111.67). Those who had obtained their posts paid substantial fees for them and received fees for all the services rendered by them. After the Augustalcs had held the various assistantships in due order of seniority, they finally became a cornicularius (Mag. 111.6, 9), a title existent for over 1,300 years since the foundation of Rome (Mag. 111.22). Those exceptores preferring to continue to remain on the docket ultimately reached the office of primiscrinius (Mag. 111.6). The primiscrinii were two (Mag. 111.4). Each of them had six adiutores (Mag. 111.9), each of whom had chartularii. The exceptores could hold other posts such as one of the two regendarii, namely, managers of the cursus publicus, namely, public post, and issued warrants for its use (Mag. II1.21) or the post of curs epistularum of the Dioceses (Mag. 111.5), who issued decrees on public funds and conducted correspondence regarding these funds (Mag. 111.21). While Zoticus was in office, Lydus also attained the favor of the various heads in the praetorian prefecture. The adiutores of the ab actis asked Lydus to become first chartularius, an unprecedented appointment

7

(Mag. 111.27). Lydus apparently had been dispensed from the probationary stage requiring nine years of service as an exceptor. The adiutores did not demand the customary fee, although Lydus' two aged fellow chartularii had paid for their positions, and also set up for him an annual salary of twenty-four solidi (Meg. 111.27). Lydus' appointment as first chartularius gave him honor and was very lucrative, Not only did he compose personalia, cotticliana or regesta, and suggestiones, but he also served as secretary among the exceptores, assisting even the exceptores in the Secreturn, namely, the Temple of Justice, and thence he advanced to the ranks of the a secretis of the Court (Mag. 111.27). He also served as a chartulerius to the commentarienses (Mag. 111.17), probably during the praetorian prefecture of Sergius in 517, and as a matricularins (Mag. 111.66) and upon his retirement as a cornicularius (Mag. 111.25, 30). Miiller-Donaldson,'' Christ-Schmid-Stahlin,I3 and Klotz'4 incorrectly say that Lydus had held a military post or was in the service of the army because CITQC(TEirt and CITQUT£15ECTeal were applied not only to the military but also to the civil functionaries in the service of the praetorian prefecture, reflecting the latter's original military nature. Moravcsik15 also incorrectly says and without evidence that Lydus had held high state positions. Photius," however, states that for forty years Lydus served under the praetorian

Histoni of the Literature of Ancient Greece 10, 400. Geschichte der griectrischeti Litteratur, 1041. Real-Encycloptidie, etc. 12 (2), 2210. '5 Byzatainoturcica 1, 328. 15 Bibliotheca Codiculli 180.

8

prefects as abixoAayoc, namely, expert in matters of the court of law, and that he was also a matricularius (Mag. 111.66). Lydus made a trip to the island of Cyprus (Mens. 1V.52) of unknown date. This trip probably took place no later than 536 when Cyprus was severed from the prefecture of the East, at which time lustinianus I instituted the prefect of Scythia (Mag. 11.28,29), to whom the emperor assigned the provinces of Cyprus, all Caria, and the Ionian Islands, and established for him a special forum as his court of law and an entire staff (Mag. 11.29). This administrative change may have been the reason for Lydus' trip.I7 At the beginning of his career Lydus' progress seems to have satisfied his high expectations, but a change in his attitude towards the service apparently occurred after Zoticus' departure from office. He began to become disillusioned with it and came to loathe it because such timehonored procedures of government as are mentioned by him in his account had been abolished in every respect and because learned men no longer were being favored (Mag. 111.28) and were entering the praetorian prefecture (Mag. 111.54). Lydus' dislike for the service began during the praetorian prefecture of Marinus (512-515), a Syrian (Mag. 111.49), a former scriniarius in the Eastern Diocese (Mag. 111.46). His hostility towards Marinus reflects both his own personal displeasure of him and generally that of the exceptores.' 8 Marinus became wealthy, was wicked (Mag. 111.49),

17

E. Stein, Histoire du &is-Empire II, 838. Stein, ibid., 730-731.

an extortioner (Mag. 111.49, 51), and a paralyzer of the operation of the time-honored local curial councils (Mag. 111.49). Fine says thus: Since the death of Anastasius Lydus' fortune changed for three basic reasons either because of the death or departure from public service of his patrons or because he offended some influential men or because under lustinianus the entire praetorian prefecture was beset with the confluence of calamities and the evil administration of certain individuals.

Lydus' reputation as a man of learning attracted the attention of lustinianus I when his uncle Iustinus I was emperor (518-527). He greatly respected Lydus' scholarly background and his literary pursuits so that, when he had become emperor, he deemed Lydus worthy of delivering a panegyric to him probably in Latin at a time when ancestral patricians from Rome happened to be present in Constantinoupolis (Mag. 111.28). This panegyric so greatly moved the emperor that he also bade Lydus to write the history of the Persian War, which he recently had waged successfully (Mag. 111.28), probably that of 527-532. Being quite impressed with Lydus' diverse erudition and knowledge of Latin, which already by the sixth century was waning in the East, he issued an imperial rescript to the praetorian prefect, ordering him to grant to Lydus from the public treasury a monetary reward, whose amount Lydus tactfully does not mention, recommending his appointment to the faculty of the Imperial School at Constantinoupolis (Mag. 111.29). The prefect of the city effected this appointment and Lydus then began his teaching career, while simultaneously retaining his service in the praetorian prefecture.

‘`' Prologue in Librum loannis Lydi de Magistratibus Roman is, etc., vi.

10

Haussie incorrectly says, John the Lydian. . .at the end of his career was given a chair at the University of Constantinople. During his teaching career Lydus continued to receive from the praetorian prefecture ranks but not perquisites. He was highly honored and esteemed by men in authority and enjoyed his teaching position, being able to pass his life in ease (Mag. 111.30), and to occupy himself with literary activities (Mag. 111.29). He seems to have retained his academic post even after his retirement and continued to pursue his scholarly interests (Mag. 111.30). Lydus considered the praetorian prefecture to be in rapid decline particularly since the reign of Leo I, whom he censures because of the financial disasters incurred by the public treasury owing to his war with the Vandals and other ills (Mag. 111.43, 44). This war required vast finances. For this reason finance ministers rather than learned men became praetorian prefects since the reign of Zeno (476491), whom Lydus criticizes for his cowardice and for buying off his wars, as well as for his confiscations and the downfall of men in high office (Mag. 111.45). Consequently, as the status of the scriniarii increased, proportionately that of the staff decreased and more and more scriniarii were becoming praetorian prefects (Mag. 111.36). Wars with the Persians and countless other conflicts were also the reasons that learned men no longer became prefects (Mag. 111.54). Anastasius I appointed as praetorian prefects scriniarii such as Polycarpus and Marinus (Mag. 111.36, 46), but he appointed also the best of the forensic orators as praetorian prefects such

2°

.4 History of Byzantine Civilization, 118.

11

as Sergius (Mag. 11.21 111.20). He insisted that the praetorian prefecture deserves only learned men (Mag. 111.50). To solve his financial problems, lustinianus I resorted to the frequent change of necessarily oppressive prefects (Mag. 111.56). Such was loannes the Cappadocian, born at Caesarea, whose ancient name was Mazaca (Mag. 111.57), a man of lowly origin and of limited education (Mag. 111.68). When lustinianus was magister mutt= praesentalis in 520 during the emperorship of his uncle lustinus, he made the acquaintance of the Cappadocian, who, being at that time a scriniarius in the service of the magistri militurn (Mag. 111.57), craftily got into the good graces of Iustinianus and persuasively promised him that he could achieve incredible things for the government, disclosing to him his ideas of reformation. When Iustinianus became emperor, he elevated him to the ranks of an illustris and appointed him praetorian prefect April 30, 531 (Mag. H1.57), having perceived him to be endowed with sharpness and practicality of mind, talented, and resourceful for raising money, which the emperor direly needed for his building projects, military campaigns, and other various purposes. He was made consul in 538. Lydus detested the Cappadocian's private life, who was crude, gluttonous, a drunkard, a debauchee, engaging in excessive sexual activities with both males and females (Mag. 11.21 111.62, 65). He also reserved in the praetorian residence a dungeon, incarcerating and torturing anyone at all or anyone who had the misfortune to incur his disfavor (Mag. 11.21 111.57, 65). His countless deeds of extortion procured for him great wealth (Mag. 111.62). Lydus calls him "wicked" (Mag. 11.20

12

111.57, 69, 72), "demonic spirit" (Mag. 111.57), "fiend" (Mag. 111.58), and "wrecker of the government" (Mag. 111.69). He had many minions to perpetrate his numerous evil deeds (Mag. 111.59). Lydus vividly describes one of his notoriously wicked and depraved minions, one of whom was a near relative, a namesake, and a fellow countryman, who became governor of Lydia (Mag. 111.58), dubbed by the people "lead-jowled" (Mag. 111.58). Lydus calls him "Cerberus" (Mag. 111.58, 60), "Cyclops" (Mag. 111.59, 60), "Laestrygonian" (Mag. 111.61), "broad-jowled" (Mag. 111.61), "nether demon" (Mag. 111.58), "fiend," and "Salmoneus" (Mag. 111.59), recounting some of his foul deeds (Mag. 111.59-61). His ravaging of Lydia especially infuriated Lydus, who became incensed because he had to look on and say nothing while his friends (Mag. 111.57) and other citizens of his birthplace were being humiliated, tortured, and even killed (Mag. 111.59,60). The Cappadocian used to cavort with vulgar commoners, appointing men of lowly station in life, even cooks, indeed, to high state positions (Mag. 111.62). Because of Lydus' personal hatred of the Cappadocian his evaluation of him may be viewed prejudicial.21 The Cappadocian, despite Lydus' criticism, had instituted some practical and necessary innovations, namely, simplification of bureaucratic procedures, the restriction of the use of Latin in the praetorian prefecture of the East (Mag. 111.68), and the loss of the right of appeal (Mag. 111.42), a reform, while unburdening the highest tribunals, yet extinguished their dignity, resulted in the reduction

Stein, Histuire du Bas-Empire II, 734.

13

of income and staff (Mag. 111.66), The emperor, however, reinstated the right of appeal. Lydus had an extraordinarily strong love and respect for ancient Roman traditions, viewing with contempt the praetorian prefect of the East Cyrus because he had transgressed the ancient practice by issuing his decrees in Greek, thus fulfilling the ancient oracle's pronouncement that Fortune would abandon the Romans when they forgot their ancestral language (Mag. 11.12 111.42). Lydus traced the decline of the praetorian prefecture to the abolition of Latin. This reform of conducting public business in the Eastern Empire in Greek and not in Latin, which was understood only by the educated classes, implies that the Latin language was becoming increasingly less understood even by the officials of the government. Since the Cappadocian lacked a liberal education, his knowledge of both Greek and Latin was not of literary quality and he continued the reform of using Greek instead of Latin not that he cared for clarity but because he did not want his subalterns and other officials to encounter difficulty while conducting public business (Mag. 111.68). Since the Cappadocian wanted to strengthen the central authority, to control the growing power of the great landowners, and to raise money, he subjected the people to countless, diverse taxes, which were tantamount to assaults (Mag. 111.70). His brutal and outrageous treatment of the citizenry and of the contributors of taxes had a disastrous effect upon the population. The multitude of small provincial taxpayers was ruined and thus crowds of impoverished citizens streamed into the capital city, swelling its population (Mag. 111.70). Lydus attributes the Nikn riots at

14

the Hippodrome on January 11-19, 532, primarily to the rapacity and maladministration of the Cappadocian. This insurrection resulted in a conflagration, which destroyed a large part of the city as well as The First Temple, The Hagia Sophia or The Divine Wisdom. The Cappadocian disappeared during the riots (Mag. 111.70). Lydus does not blame the emperor for all these ills but censures the Cappadocian, criticizing also the members of the Court for their obsequious flattery in support of the Cappadocian (Mag. 111.69). To placate the disgruntled mob, the emperor was compelled to remove him from office on January 532, replacing him with the virtuous and munificent patrician Phocas. Approximately fifty thousand of the rioters were executed by the soldiers of Belisarius (Mag. 111.70). The charred rubble was cleared away and a new and a more beautiful and safe city began to emerge (Mag. 111.71). The emperor, however, reappointed the Cappadocian as praetorian prefect in midOctober of 532 but finally discharged him from office May 7, 541, through the influence of Empress Theodora. The Cappadocian's wealth was confiscated and he was exiled to Egypt, where he was forced to receive priestly orders. Even after the death of Theodora June 28, 548, the Cappadocian unsuccessfully attempted to return to political life. Lydus omits to mention the fact that the evils for which he had held the Cappadocian responsible did not disappear even after the Cappadocian's final departure from office. His reforms in the sphere of the internal affairs of the prefectural service were retained, but Lydus avoids any censure of his successors, the most well-known of whom was a former scriniarius Petrus Barsymes (July 16, 543-May 1, 546, and June 1, 555-

15

December 27, 559). Lydus is accused of not understanding the great difficulties faced by the emperor as compelling reasons for the various changes initiated by the Cappadocian and his successors. Being an antiquarian and inclined to conservatism, Lydus extolled the grandeur of the past, regretting its loss and disliking changes. Lydus engages in a lengthy but warm and sincere praise of the Cappadocian's successor Phocas, whose virtues, impeccable character, and conduct in office he highly esteemed (Mag. 111.72-76). Lydus' praise of Phocas may have been, in part at least, the vindication of Phocas against the charge of paganism subsequently brought against him (545-546), which resulted in his suicide by poison. The Cappadocian was an Orthodox Christian but flagrantly abused and extorted his fellow man, whereas Phocas, although a pagan, because of his love for mankind and through his deeds of charity proved himself to be highly pleasing to the Divinity (Mag. 111.72-76). Procopius," who vilifies the administration of the government and those associated with it, whether prefects, jurists, or even lustinianus himself, represents them all not only as inefficient or corrupt but also as outright malevolent. Procopius acknowledges the praetorian prefects Phocas (January 25 to mid-October of 532), whom Lydus mentions, and Bassos (Spring to mid-September of 548), whom Lydus does not mention, as exhibiting integrity and honesty. Lydus lauds Celer, the magister officiorum (506-518) under Anastasius I (Mag. 111.53) as the dearest of all men (Mag. 111.17), Petrus Patricius, the magister officiartim Anecdota xxi.6.

16

(539-546) under Iustinianus I (Mag. 11.25,26), and Gabrielius, the prefect of the city in 543 (Mag. 111.33). Lydus has been criticized for his obsequious praise of Iustinianus I, whose recognition of Lydus' intellectual and literary qualifications may have been the underlying reason for Lydus' praise of him. He makes, however, two veiled, seemingly unfavorable statements regarding Iustinianus I, saying, The emperor is virtuous although slow in the requital of the wicked (Mag. 111.69) and, It was not safe to reject such an emperor's request (Mag. 111.76). These statements imply that Lydus was not totally obsequious to the emperor. He extols the Empress Theodora for her contributions to public affairs and for her readiness to use her influence with the emperor to redress wrongs and to urge the termination of the Cappadocian's tyrannous administration (Mag. 111.69). After forty years and four months (Mag. 111.30, 67) Lydus concluded the grades of service in the praetorian prefecture, having attained presumably the distinguished office of cornicularius, bestowed for the meritorious execution of lower. The cornicularius at the prefecture's height was very lucrative because he used to be responsible for the arrangement of transactions in the court of justice of the praetorian prefect (Mag. 111.23) and the ratification of the decisions by affixing his signature to them (Mag. 111.12). Before the scaling down of the fees by Iustinianus I the cornicularius used to receive from the cornpletiones an income of one thousand solidi, a part of the constituted stipend of the cornicularius, in addition a pound of gold monthly (Mag. 111.24), namely, 865 solidi a year, from the princeps as compensation for the various fees taken over by the princeps. Lydus

17

laments that as cornicularius he did not receive even as much as one obol either from the princeps or from the completiones (Mag. 111.25). A postulatio simplex, namely, statement of claim, in the praetorian prefect's court in the past cost thirty-seven solidi, but even this fee was reduced to a modest copper coin (Mag. 111.25). By the time of his retirement Lydus had obtained nothing from it but merely the title of its completion (Mag. 111.25,67). Momigliano,n however, without presenting evidence states, Bribes and perquisites made him a rich man. Lydus retired at the age of sixty-two in 552, probably on April 1, the anniversary of the ascent of lustinianus I to the emperorship. He gives no reason for his retirement, which may have been voluntary, for he says, If was a good thing to retire finally from this tragedy (Mag. 111.67). He glowingly describes the ceremony held in his honor upon his retirement, which occurred when Hephaestus was praetorian prefect. He read aloud in the presence of the entire staff a resolution extolling Lydus for the faithful performance of his duties and for his services to literature and scholarship, assuring him that the emperor will bestow upon him greater benefactions (Mag. 111.29, 30). After his retirement Lydus returned to the Imperial Court in order to continue his scholarly pursuits, presumably retaining also his teaching post at the Imperial University. Lydus' precise date of death is uncertain. That he lived up to the beginning of the reign of lustinus II (November 15, 565-578), the nephew and successor of lustinianus I, was first expressed by C. E. Zachariae von

23 The

Oxford Classical Dictionary, 2^d ed., 630 s.v. Lydus, [oannes Laurenfius.

18

Lingenthal,24 who conjectured that Lydus' words kw/ 'coopc-iv

erktiv

'0c/kirlcroi. (Mag. 11.8) refer to an emperor who was going to assume the consulship because Lydus could scarcely have used the future tense regarding Iustinianus I, who already had been consul for the fourth time in 534, thus at least eighteen years before Lydus could have written, and that Lydus' statement excellently fits lustinus II. Wiinsch28 correctly, therefore, rejects von Lingenthal's opinion, stating that this phrase merely means that whenever [again] he [lustinianus] should wish and not as soon as he [lustinus II 1 shall wish, and that Lydus does not mention by name any emperor later than Iustinianus I or events subsequent to his reign, and that the De Magistratibus was composed between 554 and November 14, 565, the date of the death of Iustinianus I. Wiinsch28 also notes that the mentioning of the name of lustinianus in topic 13 under Book II in the Table of Contents of the De Magistratibus implies that the latter was composed during his reign. Lydus probably did not survive lustinianus I. Sandys27 gives 570 as Lydus' date of death. Ensslin,28 too, accepts von Lingenthal's interpretation of the aforesaid words as referring to an emperor who had not yet become consul and believes that Lydus was still alive when lustinus II became

joannes, des Phitadelphiers Laurentius Sohn, genannt Lydus, in Zeitschrift der SavignyStiftung fir Rechtsgesthichte 12 (1892), ROm. AN., 79-80. 25 !minis Lydi De Magistratibus Populi Romani Libri Tres, Praef., vi. '5 Ibid., ix. 27 A History of Classical Scholarship I, 388. in Philologische Wochenschrift 62 Zur Atiassungszeit von des Johannes Lydos 7uQ&

(1942), No. 31/35 (August 8), 452-454.

19

emperor, who assumed the consulship on January 1, 566. Dolger,29 however, rightly rejects Ensslin's thesis because, if lustinus II were meant, Lydus not improbably would have mentioned him by name since he had cited all of his predecessors. II Works of Lydus

The lost works of Lydus, which he had written as a young man, consists of a brief panegyric to the praetorian prefect Zoticus (Mag. 111.27) delivered before Iustinianus I when elder Rome' patricians chanced to be present at Constantinoupolis (Mag. 111.28), and of poetry, deemed by the emperor as graceful (Mag. 111.29). Hase unfortunately says, We should let Lydus' poetic works, which fortunately have been lost or lie hidden, remain at rest. Miiller-Donaldson3' also says, from the loss of which the world has not been inconsolable.

The surviving works of Lydus, which he wrote later in life and expected posterity to read (Ost. 1 Mag. 11.19), are Fleoi IvIrjvc-ov (De Mensibus, On Months), Flupi AioorwEtc-ov, whose more accurate rendering

in Latin is De Caelestibus Signis (On Celestial Signs) rather than De Ostentis (On Portents), and IlEpi 'E4mo-u-ov (De Potestatibus, On Offices of Authority),

which is its title at the beginning of the work, or flEoi Aovirvrijc "Pcopoicov FloAttEiDcc (De Magistratibus Rei Publicae Romanorum, On the Magistracies of the Government of the Romans), which is its title at the " Nochmals zur Abfassungszeit zoo des Johannes Lidos rrEQi agxtiM in Philologische Wochenschrift 62 (1942), No. 49/52 (December 5), 667-669. 3° Prologus in Librutn loannis Lydi de Magistratibus Romanis, etc., ix. 3° A History of the Literature of Ancient Greece III, 401.

20

beginning of Book I. The order of their composition is given by Photius32 as De Ostentis, De Mensibus, and De Magistratibus, by Hase33 as De Mensibus, Dc Magistratibus, and De Ostentis, but correctly by Wiinsch34 as De Mensibus, De Ostentis, and Dc Magistratibus. The Suda35 mentions the De Mensibus and the De Ostentis but not the De Magistratibus. The De Mensibus has survived in only two folia of the Codex Caseolinus (99"' and 1001. Many of its missing parts have been transmitted by various authors in subsequent centuries while the complete text of this work still existed. The beginning of the De Mensibus surely may have contained Lydus' name and dedication. Its surviving materials have been divided by its previous editors into four books. Book I probably dealt with the history of Roman chronology. Book II, titled rlEoi "Hpeoctc deals with the origin of the day and the various days of the week. Book III, titled ficoi Mrivoc, deals with the origin and the names of the months of the year. Book IV deals with each of the twelve months from the beginning of January up to the end of December, presenting a history of the various festivals of the Roman celebrated during the entire year and the manner and the reason for their celebration. Lydus' training in philosophy is very evident in this work, for he gives a variety of astronomical, astrological, historical, mythological, theological, and allegorical information taken from the various authors who had written on the subject of months such as Anysius, Elpidianus, Labeo, Ovidius, Manetho, Phlegon, and other Bibliotheca Codieum 180. Prologus in Librum Joannis Lydi de Magistratibus Romanis, etc., xi-xiii. 34 loannis Lydi De Magistratibus Populi Romani Libri Tres, Prael, v-vi. 33 lulavvqc clAAabeAcinix, Auboz, d.

21

sources, of whose information Lydus is merely a compiler. MullerDonaldson36 superficially evaluates the De Mensibus as being full of ignorance, confusion, and blunders. The De Mensibus is cited ten times in the De Mngistratibus, namely, Pref., 1.8,9 11.4,12,13,19 (bis) 111.42,61. The De Mensibus (IV.22) refers also to the De Ostentis as a treatise which is to follow. That the existing materials are not complete is evidenced by the fact that subjects mentioned in the De Magistratibus as having been dealt with in the De Mensibus are lacking. The present edition, however, has had to rearrange and renumber the materials of this work differently from those of previous editors so as to present them in a more logical sequence in accordance with the subjects being discussed. Those extant materials, not seeming to fit in any particular context, although originally in the author's autograph, have been placed at the end of Book IV as an Appendix. The De Ostentis (ff 1-35) presents an historical survey of the origin and progress of the art of divination, the augural teachings of both the Etruscans and Romans, the omens deduced from solar and lunar eclipses, the appearances of comets, signs from the moon, thunder, earthquakes, and other meteorological phenomena along with their sources. The Greek text of the present edition utilizes both Hase's edition and Wachsmuth's second edition and their chapter designations with new . textual corrections and additions.

36

A History of the Literature of Ancient Greece 111, 401.

22

The De Ostentis consists of a Preface and 132 chapters. Lydus' name and dedication have not been preserved since the beginning of Chapter I is mutilated. Three folia are lost after f 4v following the words yap xcrrarroAeuijaouo-i up to uo-yyvc4iric airroic livraboteov (Ost. 20-23) and one folio after f 6v. The De Ostentis cites the De Mensibus twice (Ost. 7, 45) and implies that it already had been written. Lydus accepts the validity of celestial signs (Ost. 1) and believes that the acceptance of them does not violate the Christian Faith (Ost. 23). The De Magistratibus (ff 36-98) presents a detailed historical sequence of the major and the minor magistracies of the Roman government from the time of Aeneas. It is divided into three books. Book I discusses the period of the kings and the Republic. Book II discusses the imperial period right through the reign of lustinianus I, giving their institutions, privileges, and fate. Book HI, slightly longer than both Books I and II, primarily deals with the staff of the praetorian prefecture. Lydus attempts to show that continuity exists between the old Roman magistracies and those of the Eastern Roman or Byzantine Empire and strongly emphasizes the Roman civilization and strives to prove that the Byzantine Empire continues the traditions and rule of the ancient Romans.37 During the reign of lustinianus I learned men devoted themselves to the study of Roman antiquity, praising everything derived from the Romans. Lydus is, therefore, a valuable source for the administrative, economic, intellectual, and social life during the reigns of Anastasius I, Iustinus I, and Iustinianus I.

93

Lydus, when he was in the service of the praetorian prefecture, had acquired first-hand knowledge of it and its operations (Mag. 1.15). He closely observed the internal workings of the government, coming into contact with important policy-making officials and being an eyewitness to the many events occurring during the reigns of the aforesaid emperors. His personal reflections and critique, therefore, although those of a service-oriented bureaucrat, are significant. In the course of his narration Lydus also exhibits at times a sense of wit, humor, and sarcasm. Two negative opinions have been expressed on the worth of the De Magistratibus. Heisenberg3B says, Much less is learned from Lydus regarding Byzantine offices than from contemporary historians, and Haussig39 says, Admittedly his work has no lasting value. Photius,4° however, evaluates this work thus, The De magistratibus is not an inelegant history on the civil magistracies for those especially interested in such matters. The De Magistratibus begins with a Preface (f 36'), which Wiinsch`" believes is not complete in its present form and as Lydus originally had written it, but he says that it is mutilated because in the margin at the word ktoo1cncoucr the copyist wrote buv two- ETQa fl cOvq, namely, Acooicoc e'TQCX i

81.rri. Had these words originally existed in Lydus'

autograph, they must have been removed arbitrarily from the text and placed in the margin by a scribe, who considered them a gloss and were

37

Wunsch, loannis Lydi De Magistratibus Populi Romani Libri Tres, Praef., vii-viii.

Byzantinische Zeitschrifi 13 (1904), 221. A History of Byzantine Civilization, 118. Bibliotheca Codicil»; 180. 41 loannis Lydi De Magistratibus Populi Romani Libri Tres, Praef., ix-x.

39

24

repeated by a subsequent scribe. The Preface in the manuscript, however, appears to be intact and a fitting prefatory statement to this work, being substantially as Lydus had written it. Wunsch incorrectly believes that, since the Suda states that the De Mensibus and the De Ostentis had been dedicated to Gabrielius, the De Magistratibus, too, was dedicated to him because Lydus praises him in this work (Mag. 111.38), but Lydus himself says in it that he is dedicating it to all the praetorian prefects under whom he had served (Mag. 1.15). A Table of Contents (ff 36r-371 follows the Preface, presenting the various topics to be treated successively. It is divided into two parts, namely, ADFOr, A ff 37'.-53') containing 14 topics and A0F0E, B (ff 53'669) containing 16 topics. Wilasch inserts a conjectured heading AOFOE r (ff 66r-98v) because all the topics from 7 to 16 belong to Book HI and the Codex Case°lbws at that point in the narrative has the heading AOFOE F whose absence in the Table of Contents implies that Lydus apparently intended to deal with his materials in only two books, but, after he had begun to compose the materials of Book II, he decided (cf. Mag. 11.3, 22) to deal with the materials from topic 7 to topic 16 in it as AOFOE F and placed it at the appropriate place in his work without revising his Table of Contents.42 Lydus continues to discuss the office of the praetorian prefecture and its staff and recounts their former high repute and the causes of their decline in power from the fourth to the sixth centuries. Corrections in the Greek text of Book I, owing to scribal error, have had to be made so as to conform with Lydus' Table of Contents, namely, in

25

the title of Chapter 34 "fifth" had to be corrected to "fourth" and in the title of Chapter 37 "sixth" had to be corrected to "fifth." Also rearrangement of Chapters has had to be made, namely, 45 to 35, 35 to 36, 36 to 37, 37 to 38, 38 to 39, 39 to 40, 43 to 41, 40 to 42, 41 to 43, 42 to 4-4, and 44 to 45. Between chapters 71 and 72 in Book III the text has AOFOE without a letter to indicate a numeral; obviously a scribal addition, not having been in the autograph. Three chapters in Book 11 (Mag. 10, 11, 12) are almost identical in wording with three chapters in Book III (Mag. 40,41,42). The narrative's continuity is interrupted by the loss of two folia after f 52' and before f 53', in which Lydus discusses the praetores (Mag. 1.48). At the end of folio 70' (Mag. 111.12) the scribe of the Codex Caseolinus at first wrote and then scraped away seven lines (25-31) of a Latin text so that only a few words and parts of others are readable.43 After f 95' (end of Mag. 111.70 and the beginning of Mag. 111.71) seven lines of about thirty-

five letters preceded evucrIae but only a few words and parts of others are readable. After f 98' (Mag. 111.72-73) thirty-two lines of about thirty-five letters per line are almost unreadable so that only some words and parts of others can be distinguished.45 After f 97' (end of Mag. 111.76) several folia have been lost, in which Lydus discusses Empress Theodora and her assistance to public affairs and describes the plague and its cessation.

42

Wiinsch, loanuis Lydi De Magistratiblis Populi Romani Libri Tres, viii.

4, Ibid., 99.12 (app. crit.). 44 Ibid., 164.9-10 (app. crit.). 45

Ibid., 165 (app. crit.).

26

Lydus says (Mag. 1.2) that 375 years had elapsed from the time of Gaius Iulius Caesar, probably having had in mind the date of the latter's assassination in 44 B.C., up to Constantinus I, probably having had in mind the date of the consecration of Byzantium as the new Rome and capital of the Eastern Roman Empire on the fifth day before the Idus of Maius, namely, Monday, May 11, A.D. 330.46 Wiinschr states that Lydus would place Caesar's assassination in 45 B.C. instead of 44, an error of one year. But, if the reges had been expelled in 510, the consulship probably, therefore, must have been instituted January 1, 509 B.C. If this is so, Lydus' calculation correctly places Caesar's assassination in 44 B.C. Lydus also says that 224 years and seven months had elapsed from Constantinus I up to the death of Anastasius I, which leads to A.D. 554, an erroneous computation which Wiinsch46 states could not have been made by Lydus during the period of his own lifetime and thus proposes the textual addition by 23 by ypaKxtavOs P rpaKxtavOs f b w

49

On Powers De Magistratibus) Translated by Anastasius C. Bandy

PREFACE No one at all does not know that those who later were magistrates of the government of the Romans formerly had been priests inasmuch as Tyrrhenus, after he had migrated from Lydia to the West, taught the rites of the Lydians to those called at that time Etrusci (their race was Sicanian), who it has happened were renamed Tusci from their thyoscopia. And we know that we have mentioned them in detail in the first part of the treatise which we wrote On Months. King Numa surely got the insignia of the magistrates from the Tusci and introduced them into his government, just as he did also the scarcely assailable weaponry from the Galatae.I And attesters of these facts are, indeed, both Capito and Fonteius, among whom is also the most instructive Varro, all Romans, next after whom the famed historian Sallustius in his Early History' explains them. It remains, therefore, to speak about the offices of authority of the government even if clearly they were transformed from a priestly order to the governmental form. Therefore, may no one judge us as being at variance with the data of ancient times unless perchance, being unreasonable,3 departing from the Sallustius De. Cataiinae Coniuratione LL38: arrna atque Ida militaria ab Samnitibus, insignia magistratuurn ab Tuscis pleraque sumpserunt. 2 Fr. 11 (ed. B. Maurenbrecher Sallustii Crispi flistoriarurn Reliquiae). 3 The Greek text alITIXc, is a scribal error for artrixric being used metaphorically.

50 TTEPI TIOAITIKWN APXWN KEDAAAIA TOY rfPWTOY Aoroy A

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51

certainty of reason, one should alter their praise because of envy. We know that the compilers of laws mention that also a certain Gracchanus long ago used to write about these matters,' but his writings themselves perhaps are nowhere in circulation, time assuredly having produced and at the same time also buried them.

ON THE MAGISTRACIES OF THE GOVERNMENT Chapters of BOOK I 1 How much time elapsed from the arrival of Aeneas in Italia to the founding of Rome and how much from him that of the reges lasted and how much that of the consuls up to Caesar and how much from him up to Constantinus, after whom how much time up to the death of the emperor Anastasius (1.2).5 2 How the rex, the tyrant, and the king differ (1.3) and what the office of Caesar and of supreme commander (I.4) and the name Quirinus mean (I.5). 3 That Romulus and his contemporaries spoke the Aeolic language (1.5), that one must not call the emperors of the Romans masters (1.6), on the insignia of the rex, what the toga is and what the trabea is, why the Romans call the king's throne soliwn (I.7). 4 Why some call crests tufae (1.8).

4

5

Ulpianus Digcsta 1.13.1. The numbers in parentheses refer to Book and Chapter of this work.

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53

5 Why the Romans call their shields scuta, clipea, and parmae and how they differ (1.9-11), that the Roman army received from Aeneas to be dressed in such manner as still even today those who are called excuhitores (1.12), why they call the king's transport by draft animals attentio (I.13). 6 First institution, the cavalry commander and that the prefect of the praetoria was appointed in his place (1.14-15). 7 Second institution, the patricii and why antiquity called them patres conscripti (1.16), what kind of tunic the so-called paragauda was (1.17), in which also on the so-called campagia (1.17), what the so-called With mean (1.19), and that the senators of old were munificent (1.20), why the ancients used to be called by two and three names (1.21-23). 8 Third institution, the quaestores, and that quaestor is one thing, whereas quaesitor is another (1.24-28), on the consulship and its insignia (1.30-33). 9 Fourth institution, the so-called decemviralship (1.34, 35).

10 Fifth institution, the so-called dictatura and what it means (1.37), and how many all of the dictatores have been and how long they ruled (1.29, 38, 39).

11 Sixth institution, the so-called censure (1.40,41), in which also on comedy and tragedy (1.42), and when they became known to the Romans (1.43), why the Romans in their ancestral language call profligates and grandsons as well homonymously nepotes (L44).

12 Seventh institution, the so-called tribuneship (1.45 title, 45), when the so-called capita were given to the soldiers and why they are called capita (1.46 title), on the units under arms, both names and ranks (1.46), and on the so-called firones (1.47).

54

Z

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55

13 Eighth institution, the praetores and that the prefect of the city in our day was one of the praetores of old called guardian of the city (1.48). 14 Ninth institution, the prefect of the night-watches (1.50). BOOK II 1 On Caesar and Caesar's insignia (11.1, 2). 2 On Augustus and that he himself was the first to abolish the cavalry commandership and to appoint the praetorian prefecture (11.3). 3 On the imperial robes (11.4). 4 On the prefect of the praetoria and the staff obedient to him (11.5-12), on the insignia of the prefecture and its very great courts of justice (11.13-19), that the first of the magistracies originally did not have a fixed praetorium (11.20-21). 5 On the magister and whom history mentions to have been the first to be advanced to that office (11.23-25), that those called in our day magistriani formerly used to be called frumentarii (11.26). 6 On the prefect of Scythia (11.27 title, 28-29) and the praetor Iustinianus and the magister of the censi (11.30) and the quaesitor (11.29) and that in the beginning these magistracies had not been devised, but, having been neglected, they were called forth (11.28-30). 7 On the staff of the prefects and the rosters in it, both its customs and forms, as well as documents, and its other features of antiquity and for what reasons they have been neglected (111.2-30).

56 TTEPI APXLIJN THE PWMAIWNTIOAITEIAT

1 'Eyxcipofivri poi Trial Tc7ov apxcatrrfis Pcopa law rroXiTiias SaaXampavitv gi6Aoyov irval riapiarri ripooipiov oOvái rc AOycp arre TOO ripiaPuTarou Kai TilitCOTtiTOU 1181JTC.J11. Aiviias 5 Si nu oirros 6 Sib KaAdkos Kai Peopriv yuxiis TE Kai GC31.1aT05 KpEITTOVOS i Kara avSpc:yrrous EIvai voptaails vios. 2 Autiovrat Totyapotiv iK Trls Aiviiou 1Ti Tijv 1TaAtav rrapabov Ecos TOO rroAtopoil rf `Pc:oaris iviauToi ivvia Kai TptaKowra Kai TirpaK6ai0t KaTa KaTC411.1 T8U TIOdITOV Kai 10 Bappcova, Tan `Pcopaious, KaTa Si AcppiKavev Kai Kacrropa rOv ilawpiAou t' Kai Kai L afro Si TOO TIOA101.10.0 pixpi Tfis éKl3OXi Taw PrlyCAiv StiSpapiv Err) f38 (29)r Tpia Kai TiciaapaKovra Kai S1aK60ta. oi 1Si Tc7ov irtrarcav axpi (fi KaT' ivious 4) Kai Kai v'. 15 Kaiaapos Tog rtpcbTou cirri) Si Kaioapos gcos Kcovarairrivou Siayiyoviv gTri TinaKaata if38011TIKOUTa THUTE, 4 ail-raft" Si axpt Tfis AvaaTaaiou TOO BaatAicos TEAcimis iT11 oKs' -apes priolv irrra ig col) al) TIS ivvia tgixot viauroiç, ooc irri 20 TFis iipecs Pc:4ms ETUXE Baciaiiboas KcovcrravTi-vos. ovvayiTat Si] &ITO TOO rroAtopoii TfloSE Tjc it'iSaiaovos rrOXicos IIEVTE Kai SiKa Kai StaKoala Tfl -vas priolv irrra. avviXoi oiv av Tic a116 AivEiou has Tfis Avaaraolov TOO xprlarou TiAiurfis Toils rravras vlaUTO6ç Eg Kai TiooapaKovra -apes inTaKoofois Kai 25 xiXioic irpOs lowly iTrra, cbS "EAXrivEs diovrat Kara rravTas Toi,sr iKaTipas cpc.oufis auyypaTias. TOtiTCJV OOTCO5 rjpiv oOu laA113Eta TESiVTCOV, Kaipas iaTIV trial TCIIV apX6)11, czi E(pr)Tat, TOO Ka9' ligas 8taXaPiiv TipArriuuaros. 3 P6.4iiihos TOIVIJU, OKTio irpes Tots SiKa TE01 yiyovcbs, 30 csiftrc.;a-aScAq4.)?ii.ico T1Jv priripa TIlc BaaiXitas `Pcbariv iSciaaro. 6vopa Si Tit apxfis airrebv, 8 'ITaAol Aiyovot Pfirov, otov -rupavvtK6w oi'J8i yap flaaiXiias 'PavaiKfis ivvapou iaTI O111aVTIK611, c Tuns irrroXapBavovoiv, TO Pijytov Ovoga, 83iv OlIKTl PETa T1WEK(30X0 re:3V Priyav 11apa `Pcomaiots KaiTot 35 12 w by 31 by

57

8 Why the river happens to be called Ister in one place but Danuvius in another (I11.31-32), how one must wage war against the Persians according to the tacticians (111.33-34). 9 When and why the body of the scriniarii was devised, how the name of the cancellarii was introduced (111.35-36), and why they were named thus (111.37), for what reasons the staff was reduced (111.38-45), and that the emperor Anastasius through Marinus was causative of this (111.46).

10 Why ancient Epidamnus is Dyrrhachium (111.46). 11 Outline of the emperorship of Anastasius (111.47-51).

12 Why the Persians throughout ancient times daily were trying to exact from the Romans gold, just as if owed (111.52-53), on the collapse of Antioch up to Daphne and its attack by the Persians (111.54).

13 On the most felicitous emperorship of the invincible emperor Iustinianus and with how many blessings he enhanced the empire of the Romans, and how in a short time he restored all Libya to the Romans (111.55-56).

14 On those who contrary to the emperor's benignity did not execute, well but passed their life in indolence, in which also on profligacy (111.57-69), and the so-called acipensis (111.63), what sort of garment the so-called sandyx was and why it was named thus (111.64).

15 On the ill fate of the rabble and how they burned down the city, in which also on the so-called Zcuxippus and why it was named thus (1II.70), how the emperor together with God jointly restored both the First Temple and the whole city (111.70), on those who conducted their magistracies

1113 `111311.13 S361ly01 1.1 nowylood 0.1 1113 Snocpcblyh Snoon. Snot of 100,1 31 01.11G03 513G1d311. lai n(1)3A ILL A0A31113mAno Soria nom A3 non9d:910 So coonoultriolv 1dX9 1.3)131n3 amdoolDN A0311111,10101145101131103,4,00011 Af,10 L1GX0y11(b3 -1101C9d111.301 0110 91010113y0111 113A `Snilmodoo 593oon4j nc9d)o Snoi Sono-m:190 noioldu not quo d9A. gE Sloth?EjdnEj nthou nod3.1.9d31 novlcu. `nr-)plinv, 19>1 neol nnyo IoN nc9)i1indoN ppx nm)Ejno d3.u.oc7 `SodDoinN noicodu 001 on.o (19>nnitag p09 Snon?A. Driono Sodnop3N doll, 91. .S9)31iyon. Simon Stu ntlynebax atuspd.1113nolo 'iotorima noo3y9> 3 Snoinn StmimAjduloN 1ur191.nonoArni `Alich. Sc.? 'Sc91othioir.tro Surionn9 oE Sioyuo A3 Sc1 pox oononpociDny AVynod nc91nric9d, Alll `1.1nori 32 igiAdnoy9 `VXdo nrodootoN ncni It linpinotidX 1t13to9d) Sio>imam:Ina.Vou.4 d9A 32nD "Aladoy SnFinncou? Slu. oric)Ijo ncodcpindnalt nc9n3riol3y (toll 91 SD13013110)1 Sf,101 51100013A3 ,1311 inx Sno.upun Snol. poN 611 SndNun)? Aoytlg nrIono Sodooin>1 t gz Sodoiodxo.up 91 n9Nufuori110 1103 Ar,to S913 oond ?o tio .dc9iod nacq `1913A3y SIOyn11, , dell ,A13.1.1.011113, 01 d9A. anoodtuz .Siojinnet 5101. 10G03X011 1032 (1.0 SC911 wori0031od.Lo C■31. 31. (1131 -J.91111.? nolyyox 91l a? SnoEjridoG AtT3/110)1 no-31. 91A,1 Snonphow -1(9j? Snot n13>I1012 not Snp.naGno lox novynti 3g 591Xdoi.nn OZ `6.9>tufflorlito iio Sogintuadru. 3gr,1.0 ,y1(0 53013y1Ond Nrlo non AC0d0IDCIA011?0 AnoAti `AC0d001)3>1 AC01 d10.A. .Sonoda. o 50110A N nonnodni '5ol-19n 9 So119di. A3T1 SO33'10314 d0.A. 1103 '506.3110ADJ3 51D1id0 511013>110 32 51131. `SOA3110X3A0 lyflOd 913ri tunbodA Ntirl ticnijo nntia Snorlort 3gtiri 1913yrypEj SA1(100311 S I 19N 1113 SCI.4.0140 nao)onoj ,.uoN 3g 13jod1L 6311:10 115,1 51:101 SOAAJ0d1:11 o Sexu-;19 X1:10 gyp '01.001d0X3 `Stu.91j32 nodwm 10)t 4593e Alrict 6.010319 etorivinaNngti? 51100)1(1111:1 ,(6Z) SEJ St10.1 '&11 Alytd0113 I 5011011341 Inx orio S9dio3 `nujjAndthoul? Siop>tio 5104A Aoxopcizattno Soinrir,u.uyou noi Sioioldo 5101 0 I 3g 0j. `A131.10d11 AC0110e1 A0'31 c*)j3 nsou.n3(;no ‘1.0)1 11311 A32111.1 1/0)1 .tuaciluxig il ayiond Sppriyon. noinna Slu. Alth0 A111 SC3101dAA.3 ,1000 Al3131030 40)119n Solorit1311yo11 0Ol AC)/.. joup „GOA nn391.01 91 p.o? Se)?yionEj 3g noigi .Socurboyol novoiXA9 notdoEj €19.upo Al3X3 A31113 501Anly 0311 Sitymothoi So? `ALTAny g Snovy9 Snot dp.n Sonolipdm StAru. `921.u.lidx 10)1 thump AnCiG y ij 1113 Sotylkatoyin? dxbign Soicndit. no39>litun Ijoinn? n92.1. 9 Alio? Sr131009E) .cnd? ricnpX)::)dE) 9iq `Scouo lox .yarlc91jo Sn)doindmoiryo Slu. of orm poN Soolcinndru. 01 tiod313 Inx Sopy -tosocd 1-101-10AA3 SILL of dosA etod31 .naou.oritidX? Sioripion3vonEj

85

59

devotedly and justly (111.72-76), on the pious empress Theodora and how she assisted public affairs (text lost after 111.76).

16 On the most execrable plague6 and how it ended (text lost).

6

This bubonic plague in A.D. 542 is described by Procopius (Persian Wars 11.22-23).

60 TO TUpOvutKOV ETpEyEv. aVEIIET0TiOCIT6 TE TflV finEtpou Kai Tois cpopms if3apuvEv. 5 "Wor T0pavvos ftv a Po.NA0Xos, TcpCbTOV Illy Tay &SEAf 39 (30Y pay avE)clov Kai T6v ti4olva, Kai nparrcov at2t6yoas ra irpooTEITITOVTQ Kai Kuptvos npocs-rtyopEit3n, 0101/i Ktiptos, 5 Kali Et AtoyEutavc:0 TG) 2tEoypagact3 tiANcas 6oKei". oil& yap ayvoclaas ô 13coptAos, ft 01 KaT. CIOTOV, SEiKvuTat KOT' eKEIVO Katpo0 Tip) 'EXXCISa cpc.oviiv, -njv AioXibet Xiyco, CJs Taotv TE KaTCLW v Te0 11E13( ?copaltdis Apxatorrrros 6613000V TE noXup036crraT0s iv TTpootpiots T&V npas TlopmrtIov air-cc.0 10 yEypappivcov, EiavSpou Kai Tcln, 6AAwv ApKabcov Els 'ITaAiav iA,36vTc4v 1TOTi Kai ritv AioAtEa TOYS papPapots iVOITElpaUTCJI/ cpcotv• r yap ypampartKois nape( Tairrriv Ei00y0p6VT1 iT171.10X0ykl, 1-IETa ouyyvc6nns, f3E3iao-rat. a-no Ki,pEcas yap, TroAixvns IQ1vcJ, 00-rcos airrav Trapovopaoativat 13o1:11%ov-rat, 15 KainEp oppeopEvov t by

77

reason also the Italians call slaves servi from the fact that they were kept safe from the war, whereas those not won by the spear but are freemen with respect to station in life and become slaves on account of poverty were called famuli because hunger is called fames. Ancilia, however, has been said to be of Greek, I mean Aeolic, meaning, as if to say, round on all sides, for the small targets of the Amazons were such. 12 At that time the whole Roman army had one dress, a bronze helmet, a ringed breastplate, a broad, short sword suspended on the left thigh, two javelins, which had broad-bladed tips, on the right side, black woven greaves, and shoes for the feet, which the Greeks call arbylae but the Romans garbula and crepidae, not somehow superficially nor without reason. For in his Portraits Terentius, surnamed Varro (the cognomen Varro according to the language of the Celti means brave man but according to the Phoenicians it means Jew, as Herennius says) recorded that Aeneas had come to Italia at one time dressed thus, having seen his statue, as he said, hewn out of white marble at a spring in Alba. And it is rather quite true, for, in fact, the Poet of the Romans in Book I of his Aeneid " introduced him dressed thus and it was when he was wandering about in Libya with Achates. In peacetime, however, they used to wear long, flowing robes made of hides of wild animals suspended from the shoulders at the top up to the shanks, adorning their so-called extremities and calling them glubae, as if to say, hides, because it is a custom for the Romans to render to flay as glubare. And it was a custom not only for the arms-bearing soldiers but also for the supreme commanders to be attired

78 Tc:.)v iv fipiv evSOcov axpis iouTcbv -njv irrrepoxfiv TOxiis iV8E1K1,141iVG311.

TT

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79

thus. Although present-day soldiers have emulated the barbarians and the latter the former, such dress, having its origin from Aeneas, as I said, remained since the time of Romulus with the guards alone of the Palatiurn (they are called by the Romans excubitores, as if to say, vigilant guards, whom Tiberius Caesar was the first after Romulus to devise), for the Romans were not permitted to wear the dress of barbarians. And Tranquillus distinctly mentions this in his topics On Augustus.29 For he says that Augustus, when he had seen some of the Romans in the Hippodrome dressed in the fashion of barbarians, became so vexed that, although those censured had cast off their barbarian dress in a very short time, they were scarcely forgiven by the Caesar. Such, then, was the army of Romulus.

13 Also those things called attentiones, however, were devised I conjecture to render service to the reges for the conveyance and transportation of the necessaries of life, just as the nocturni for furnishings and the other things as many as are useful for sleeping. The much-famed Cicero, in fact, in his work Against Verres29 mentions this very word. They used to call attenti the household servants of the reges from the fact that they attended and were obedient to them, for the Romans render being eager to serve as attendere.

312-313: ipso into graditur comitatus Achate, bina manu lato crispans hastilia ferro. Suetonius Augustus 40.5 says that Augustus was speaking pro contione when this event occurred. 2, In Verretn act. sec. 1.71, 11.69, 74, 111.154,157 (accensus), 139 (accensio).

80

iKauv oiiaav KaT iatrriiv Kai povriv tlEykrras diaracrxoAfiaat (31(3Aous. 23 11p6Kouitov Toiyapotiv Tav arro8ripouvri TExaivra TC TraTpi Kai 116aroti1ou TEAEuTijaavrt, Kai ElcbTriaKop TOP 8iSupov piv ouRATIT9ivTa, Tait. i-ripou cp3apivTo5 acgaliEvov, Kai 5 Kaiaapa Tay avarpriSEloric Tfic priTpCoas yacr-rpas 3avotiaric arroacAiwra iKal‘Ouv, Kai (DXaKKov TOV crar Ta 4ova gxovTa, Kai NaiBtov TOP akpth84-1, Kai AotiKtov Aticiviov Kpaaaov, TO pgv Trpc70-rov aviaxovroc fiXiou T-Exaiv-ra, TO Si f 44 (35)r SEUTEpOV TOv OcKpooldtov Tip/ KOpriv, TO 8g TpfTov TOP KpEcb1811 10 Kal Etiocbpa-rov StaaripaivEl. Kpaacroc yap 6 Traxics TO Gaya KaTa cpiraiv Trap' 'ITaAdis Toic apxataripoic El`pm-ai,11Eivaptoc 8i 6 rrEivCov, Kal ITaTios 6 EtiliAtg, Kai (1)airaTos , Kai (1)613toc 6 ervous, Kai raios, oiovel ratkios, 6 xaptEtc, Kai Tii3iptos Oirap6 Tif3Epiv TOP Trorapav rgx8Eic: Kai TiToc 6 aire 15 Tarim/ Toe IaPivou, Kai Arr-rrioc 6 iv AirTria oiKcbv (686s 86 iaTtv irriaripoc), Kai Iipfilos 0 3aVoliaTIS atIrTc.;) Tfis prirpac gyKirpovos EitaocaSEic, Kai Nipczv 0 laxvpOc Tti 2a3ivcav (pcotit Kai Naocav 6 Optvoc, Kal ToiocKas 6 KpEco(36poc, Ov oi kiCarai ZIKKav eKaXiaav Kas' 1)11E15, Kai Bapoc Kai BAaiaoc 6 20 11-XaylOaKEXos, Kai IEppavOc 6 yEcopyiKas arra Tofi ant.pEtP, Kai AiiyouaToc 6 KaAotcbviaTos, Kal BrriXAios o KpoKoaficTV &pp OTI pfTEAxot, oi 'Pcopaiot Thy MK(Sov Tau E;poii intKaNcificriv, Kai Bappcov 6 KaTa piv CDoiviKas lovEafoc, Kara 5 KEA-Toils av8pEioc. Kai Troia& av Tic Totaara 25 auvayoi KCtTa OX0MIV El Tvx6v airrav oirK gxov-ra 6 Ti Tat eUppoliTtBa auppaivot 8ta2toilv Kai Toioirroic 6-iroiotc iyeo Kairrip pupiaic auprrErrAiypevos cppov-riaiv ivayptrirva) pcapaivov-ra 1 by by 9 b w 11 EliaCbilaTov Pf bw 21-22 by ? by 23 piTEA.Aov w 7teicuXiKi3ov by AiKulKu3ov P Atov P BiTiAhov Lb KiXTac Lb 3ovP2 Albw 25 Kikroirs P w

81

First Institution, the Cavalry Commander 14 Romulus, then, as I have said, handed over the infantry force to the centuriones but the cavalry force to Celer, who previously had been commander of the whole anny and enjoined him to control all military force, both its fortune and administration, so that the kingship withheld from the cavalry commanders nothing else but the crown alone as a prerogative ungovernable by it. Both all the reges and the dictatores had this magistracy, as did thereafter also the Caesares, who renamed the cavalry commander prefect. And attester is the jurist Aurelius,m) who with these very words in translation said thus, It is needfid to state briefly whence the prefect of the praetoria got his beginning. It was rather from the cavalry commander, for it has been handed down by all the ancients that in his place the prefect was appointed. For, whenever supreme authority over public affairs temporarily used to be entrusted by the ancients to the particular dictatores, they each were wont, in fact, to choose for themselves a commander of the cavalrymen, just as a partner in their magistracy and administration of public affairs. When, however, sovereign power later had been transferred to the emperors, the prefect of the praetoria emerged in the likeness of the cavalry commander and greater power was given to him than that of the latter both for the administration of public matters and for the establishment and training of armed forces, also for all amendment, and he advanced to such degree of superiority that no one was permitted to resort to an appeal or to impeach at all his decision.

15 And the compiler of laws says this, but it is clear that, even if perchance it has been conceded that the prefecture of the praetoria is older and greater than all the magistracies, it were both needful and at the same time

3° De Officio Praefecti Praetorio in Digesta Ltit.X1.1.

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1l l

arms-bearer. The city prefect, however, had at his disposal also a staff of toga-clad men, lictors, chains, and as many things as we know. The owners of a prosperous estate used to support them, hence they assumed the name glebes because the Romans call flat land gleba, namely, fertile land. Since, in fact, the scrinium of works did not exist from the beginning, Augustus, when he was erecting the Basilica at Rome, assigned it to this magistracy, as Tranquillus49 learnedly said. Since the aforesaid magistrates had become exalted to the point of arrogance and were behaving tyrannically, the people, having become troubled, left the city and dwelt around the Hill called Aventine (the place derives its name from one of the Heraclidae, as the Poet of the Romans3° has handed down) and the people continued to reside there vexed for very many reasons but especially on account of the recent violation of Verginius and his daughter. Their history I believe is quite clear. [The so-called] Decemviralship, which the Italians used to call Decemviratus 35 Thus, when the prominent men were in disagreement with the plebs, they removed by a common decision the consuls and turned over the deliberation of public affairs to ten legislators. From the sixtieth year of the consuls,51 because at one time tribunes and at another time interim regents

" Suetonius fr. 13 (ed. C. L. Roth): G. Suetoni Tranquilli quae supersunt omnia. 5° Vergilius Acneis V11.655-658: Post hos insignem palm per gramina currum victoresque ostentat equos satus Hercule pulchro pulcher Aventinus, clipeoque insigne paternum centum anguis cinctamque gerit scrpentibus Hydram. 5, Sc. 499 B.C.

112 TopKovairor orpurrotpopot, at ToUs pavto'tKas Cp0pOUVTES PIXXXlaT01, iirot apptAXiyEpor ificktopopot applyEpor actrXocpapot pouvEpaptor Xstroupyof billTOUTaT01' aqicoptopivot 5 taxigAtaptor in-mama-rat Kovairatrwpcs- cpukaKtorai. KocsTrovs yap 'Pc4patot Tay guNoiribas Ka/Wt.1- 01V, Goc av Ei , KOUGTth8115 Tfe80141, OLOVEl TroboKaKKas Kai imooTaaKas f 52 (43) I ipaylvicpipot. EiKovocpOpot 10 c5KpcarovITE01 CSISTipcia -req. Kviipas TrEptiruppaypivot apparoupa Trptpa- 610i.opcAgrrt Tepeorri apparoapa oriptooaXia. 6-tri0pEkgrn pcicov aaTaTOr Soputpopot rEocsEpaptor at rat oitpcioXa u rcl.:1Katpc7.3ras ouppioAfts rcTa 15 SE -treptcpriptcovrEs SpaKcovaptot. 8paKovrogoopot aStoitrwpEs- rrrot3or 3oi aaptaptot- oi 'OrrXmv CITIAITVCZTai Paytvaptor 39K01T0101 20 apKouaptor T001101.01 rrtAaptor aKovrtarai (3EpOlrraptOr BIGKO[36)101 cpouvSircopEc ogtEvSovitrat paXXIcrraplor Kararrckrtorai (Kararriktms Sg gaTIV ETSOS AE- 25 iragc.)s, Kalketrat Si T63 .1rAft3ct Ovaypos) 13tvcaptor Texopaxot rtpipooKouraptor tirrEpaorrtorai, at vüv Acy6pcvot TrpcorilKTG.VES 7 KatOTT01/5 P f b w 8 by KovorcbSgs P f b w KOUatcobias A ireSoup by TrEbo P ITE8C.IV f w 1T0Sav b 9 TroSoKaKKas by TasSoKoKas P TfoSoKaKa5P2 Afb w 10 ipaytvupgpot w tpaytvt(pcpris P ipaytvicpipris A ipaytvcqApris f b 13 oriptooakta h w aotptooaXia P oaptvoakra A otptooata f 14 ao-Tarot w aorarot P Kovaprarot A aoraTot f b 15 Tcompaptot f b w TEOaaptiptoi PA 15-16 irkijact P2 f b w TrXrPEt P ITEAkt A 21 apKovaptot f b w apKopapcts P 22 otpcvSoviirat f b w °gin/Soya P ocpcvSovtaral A 26 Ovaypos Pfbw givctpos A

113

were being advanced to office, public affairs were in turmoil for fifty years. At that time the public treasury first provided fixed provisions to the soldiers, but formerly in wartime they supported themselves. Consequently, the government suffered the misfortune of anarchy for a period of five years and again consuls, then four forum-supervisors52 from the ranks of the patricii, two quaestors, another praetor were appointed, and again the plebs appointed five augurs and four high priests. In the two hundred and sixty-third year of the consuls,53 another praetor was appointed to arbitrate for the aliens. The praetores did not exceed a year in their magistracy. Up to Caesar's time consuls conducted military affairs but governmental magistrates' domestic affairs. 36 These men were, indeed, magistrates unless one should wish to count into the category of magistrates also those called by them pontifices, namely, high priests, guardians of sacred rites, for the ancients by their opinion and decision used to draft laws and regulate items of merchandise, hence it happens that the supervisors of the marketplace still even at the present time are called aediles since the Romans call their temples aedes, but after the expulsion of the reges and the appointment of the consuls, because turmoil was setting in, as the writers in both languages have said, tribunes governed public affairs for nearly fifty years. Then, for a period of five years the government was suffering the misfortune of anarchy and thereafter it happened that three legislators and judges were appointed briefly on account of the intestine factions. 52 Sc. 52

aediles.

Sc. 246 B.C.

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115

Fifth Institution, the so-called Dictatura 37 Thus, then, since public affairs were in turmoil, it pleased the Romans to institute the so-called dictator since rule by many is not a good thing, They were distressed, therefore, by twofold concerns, besides dreading the name of kings, lest unknowingly they should again fall in with new Tarquins or be cut up by many magistrates, who also were not in agreement. They decided, then, as I have said, to institute the so-called dictator, namely, interim regent, whose sovereign power was limited to six

months only. And meanwhile it seems to me to be fitting to interpret the term dictator to the Greeks. In their ancestral language, then, the Romans call thus the temporary sole ruler who settles the obstacles of the subjects without enactments of laws because he is terminated from the magistracy in a short time. For they call dictatura that very authority being given not permanently but temporarily for the advantage of public affairs so that he who is advanced to this office, after the issues which are not in a settled condition have been set right by word of command and it alone, he returns thereafter to his former station in life. For, as soon as the dictator had cured the ailing issues, he simultaneously resigned from the magistracy. 38 The Romans, therefore, appointed as the first dictator Titus Marcius, who, as soon as he had assumed the magistracy, forthwith appointed two consuls. He did not, indeed, fix the time when the consuls should be appointed, for it is a later practice that the consul be put into office in the

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117

month of lanuarius, and he entrusted the consulship to a single year since the Romans liked changes in all quarters. All the kingship's emblems except a crown were available to the dictator, both the twelve rods and a purple mantle, also a sella, spears, and all the insignia with which the reges were identified. And he first appointed Spurius Cassius as cavalry commander subordinate to himself, just as Romulus had appointed Celerius tribunus of the cavalrymen. Longish rods without crests used to precede him, a custom which, although not known, is being maintained still even now. For, whenever the commanders of the cavalrymen set out, lictors no longer precede them, as they did long ago, but one spearbearer is accustomed to follow behind and bears longish rods evenly bound together. He himself does not know the reason why he carries them but only follows custom. The cavalry commander was superior to all the magistracies of the government and, when he made a decision, no one was allowed to proceed to an appeal. None of the dictatores retained the sovereign power of sole rule more than six months but also much less, even for only one day. And it is not at all difficult to recount the dictatores themselves, both how many they have been and for how long they had ruled. 39 The first dictator was Titus Marcius, who advanced again to office the previous consuls, Titus and Valerius, but, when faction had arisen and the consuls had withdrawn from office, the dictator appointed others in their

1-lomerus Bias 11.204: on tiya0av rzoAuKotgavil; cf. Aristoteles Politica 1292A13, Plutarchus Antonius 81.

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119

place on the Kalendae of September. In the seventeenth year of the consuls, when no small faction had arisen between both the Senate and the Plebeian Assembly, the plebs appointed two tribunes so as to arbitrate for the plebeians and to supervise the marketplace, who became exalted to the point of arrogance and were not embarrassed to vote in condemnation even of the patricii themselves. In the twenty-third year of the consuls,5' matters of rule were divided into three parts, the consuls, the prefect of the city, and the plebs. And the consuls used to conduct wars, while the plebs used to serve as soldiers, but the prefect used to guard the city, being called custos urbis, as if to say, guardian of the city. In the twenty-eighth year of the consuls,57 when the Plebeian Assembly and the Senate were in disagreement, Aulus Sempronius was designated dictator, who, after he had appointed Gaius Julius from the Senate and Quintus Fabius from the Plebeian Assembly as consuls, laid aside the dictatura. Again, in the fortyeighth year of the consuls,58 Gaius Mamercus was appointed dictator. Since the plebs were becoming factious, three military tribunes were appointed, because of whose disturbance of public affairs Titus Quintius was proclaimed dictator, who, after he had quelled the discord in only thirteen days, laid aside the magistracy. In the seventy-fourth year of the consulss' because the Tyrrheni were troubling public affairs, Marcus Aemilius was proclaimed dictator on account of the magnitude of the war, after whom 55 Sc. 492 B.C. " Sc. 486 B.C. Sc. 481 B.C. " Sc. 461 B.C. 59 Sc. 435 B.C.

120

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were appointed so as to make the one seek out the judgment of the other and not by sole authority bring harm upon the government. Roman history mentions these and these alone as dictatores or interim regents. After them, when Gaius lulius Caesar had undertaken against the Senate and Pompeius a war disastrous to public affairs, he proclaimed himself sole ruler, having employed Lepidus as cavalry commander.° [Sixth Institution, the so-called] Censura 40 In the beginning the people, namely, simply the whole body of citizens, used to serve in the army. Even the priests themselves used to go out against the foes and they all used to provision themselves. It became necessary, therefore, for the Romans to appoint those called by them censores, who registered the assets of the citizens because of needs in wartime, for the public treasury was not yet furnishing expenses to the soldiers as at the present time because hitherto they did not have tributaries. Hence the Greeks called the censores in translation timetai. 41 The censores, however, were inflexible and unsympathetic men, both severe and stern in temper towards profligates, neither station in life nor office exempting the guilty. History is attester that this is true and says thus, Appius Claudius was the first to be appointed censor. This magistracy was among the greatest and it had as its task both to investigate carefully the lives of the citizens and to pass sentence upon them, also to impose punishments with total exercise of power upon the perpetrators of misdeeds and no one was outside the censor's authority. The censores had the

63

Sc. 46-44 B.C.

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authority also to adorn tho city with public works.

[On Comedy and Tragedy] 42 At that time the Roman comic poet Titinius presented a play in Rome. A play is divided into two types, into tragedy and comedy, of which tragedy, it, too, is divided into two types, into crepidata and praetextata, of which the crepidata has Greek plots but the praetextata Roman plots. Comedy, however, is divided into seven types, into palliata, togata, Atellana, tabernaria, Rhinthonica, planipedaria, and mime. And Palliata is one having a

Greek plot, but togata has an ancient Roman plot. Atellana is that of the socalled exodiarii. Tabernaria is one having scenery or theatricality. Rhinthonica is one having foreign themes. Planipedaria is one in which the

dancers were shoeless. Manifestly the mime is the only comedy being preserved now, which has nothing artful but rouses the masses merely by irrational laughter. [When Comedy and Tragedy became known to the Romans] 43 Since I believe that it is necessary to linger in my account, I shall add also the following. We know that Rhinthon, Sciras, Blaesus, and the other relaters of myths had been teachers of no insignificant precepts in Magna Graecia and especially Rhinthon, who first wrote comedy in hexameters,

from whom the Roman Lucilius began and was the first to write satires in heroic verse. After him and those following him, whom the Romans call satirici, the later poets, emulators of the style of Cratinus and Eupolis, used

Rhinthon's meters and the devices of ridicule of the aforesaid poets and

126 Kpa*roc. pioos. oiiv ?iv 6 vios Kaloap„ lATTE TT1S 6Aiç a1TEIAT1141i1105 TOO Kpcirrous Tiptic Sta Tors Kotvcovoirc Tel's f1t1TE fltIV aioipCv, To Si TeXiov gxcov reap' iKsivotc SIä T6 Kaioapos iTt6vtipov, 8 1TEple4V gT1 Silos M:r143 ITEM€STIKEV, StaBoxov iatrrog KaTaXiitpat tyrKploOtnivos. cbc Si AirelSos piv 5 iTEXSOTa, Airreovto5 bi lepos laicrircirrpav gppikviv, (1)ouXi3dav TM/ CISEXcpitv TOO viou Katoapoc ovvolKo0oav ottIrreo : To -reply anon-TU(3as, ATytrerrov TE ERE 11ET' 'AVTG3ViOU Kai -miss ippuXious gITMIGE 501DO3OL1S Tfic Pth1.1115. 6y1:035EIS Kai otirT65 SEAS TE ixprioaTtoiv, 6 411 ourptgcov, Kai vaoin c:oatcopivotic Tep65 10 Tint airrep ticreiWaTo Kai Otpxtipia, CD5 El 3E65 ilei436X1pos, rrpoixitpioaro, repio-rov airrav TcbvtEp.cV Tat/ TOTE VO1IG3ivrcav biav a1rob4as. EMIG-141015 TE 1T&GIV ixpeloaTo, oT5 o naTrip, Kai arpaTiiats Kai Tcgiot Kai Sopup6pots, C.:cots 6 Pcopao5 TE Kal TI&VTES 01611' at'n-o0 ttixpt TOUTWV Expiaavro, 15 ttOvov TOv l'enrapxov Etc girapxov ttiTai3aXeov, 6xripaTt TtOoac inripirpcicvcp E apyirpou 1IE110IT1116VGp, Kai TigtV 1IOX1TIKilV &TIM:4MS at'iTc;:.) reit3apxiiv, AtiyouaTaXiouc arroU KaXioa5 airrotis, Trial 6,)"v iv T4) Trip( Tric Tgicoc TO-.)1) irreapxcov tuKp6v Ocrripov ipoOpev. keticoc Si ottcoc ixpetaaTo Toir 61TTIK6OIS (130TE 20 Toiç Pcopaious EinsTv airrep Tr] Tearpicia epa)vri, utinam nee natus rim mortuus fuisset. arentixovTo yap airro0 Thv yiVEOIV f 55 (36)v &et pOvo5 orsptc Tf1V Tc7)v Katoapcov ityipovtav I Kai Opoicos Tftv TEAEUTO Stet TO iiTTIOV EtIla Kai TO Tot/ ittq)uX1Gav oTaoicov avatpirtKOv. OUSE yap 11ET' aOTOV ittpu'Xtos avripbri 1roXi1Io5. 25 ota 1e0vTiq4 avTi 4 ExpliTo Si oToXij TOO apxtspein yepupaios, Troppup4t, TroBripst, iipaTtKrj, xpvoc.;) XiXoyxcopivn, atiptPX1ipaTt Si opoiGas leopcittip4), Etc xpuoo0s a0XaKac TEXELITC:bVTI, TTU TE KiTaXtiv go:IKE1TE St' as iv it ypacsion ioi trepi Mrive6v TipaypaTila cirtroSibcoKa 30 aiTia5. irrl Si TET3 V TroXipcov reaXotkattivTots (at Si dot bilrXaKes 6116 KOKKOLI Tepc)Tilac nircgris KXwaTils, xpuon: reip6vri XISoK0X2triTco avapreacouivat TOIS C:14101S, itueis ilxv piPouXav 6)5 'ITaXol xaXouijxv, KopyouKOrnov Si ibig Tecos iv ToTs PaCIAElOIS gT1 Kai VOV Agy01/01V iv Si 35 Talc iticoxiats Xtp(3ois (rroppupor Si 431 TpiPcovis =Nous auTco P 4P,Afbw by 1 1 auTC by a ire 6) P2 aUT4) lb airroti mal. f aUrou w 30 arroSiboKa P, A lb w anoScobiKa P 32 avaTrapTraOttivat b w 33 w avapTraottivat P avaarraopivat P2 A f

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strengthened the satiric comedy. Horatius did not deviate from the art, but Persius, desiring to imitate the poet Sophron, surpassed Lycophron's obscurity whereas Tumus, Iuvenalis, and Petronius clearly by their abusive attacks marred the satiric norm. And these, then, are facts about both ancient comedy and tragedy. [Why Romans in their ancestral language call both profligates and grandsons homonymously nepotes] 44 Since Fortune, however, was elevating the empire of the Romans to prominence, naturally crimes also followed and especially profligacy so that after The Law of the Twelve Tables the Romans drafted also a law regarding profligacy, which had been laid down long before by the Corinthians, and the law had a titulus or title, De Nepofibus, as if to say, On Profligates. As this word has a dual meaning among the Romans, for they call both grandsons and profligates homonymously nepotes, I have decided to state briefly the difference. Nepos by Greek etymology young son means grandson and Philoxenus stated it well, but nepos means also profligate. This word itself is used also figuratively. And in theory perhaps one must yield to the Greeks that the Romans in their ancestral language call the scorpion nepa, that is, footless, by privation, for the Romans understand the syllable ne negatively, just as do the Greeks nelipos, nechytos, negretos, nedymos, from that which in nature happens to this animal. For in wintertime as a lizard, naturally also the scorpion itself, just as even the other reptiles, lies dormant in the earth, eating nothing other than earth. When, then, it consumes all the edible earth around itself, it

128

Matav8ptots ypappaTs, iti Tay ebilcav xpuclois Toyf3ouXat.tivrots, oiovEl oc0Artv0)Tots, Vpactpaat 8taAtipirovrEs) Kai Trapayaikats cVpyápp0s &we TOO XtTC7301 )(J2110615 yappaTioKots avaXEXoyxc0pgvots, aTre Tfic TrEpi TOYS TrO8a5 eilaS Kai TEXEuTris TOO iparlpaTos iKaTgpcav TC:317 Tritay103v EIS rippa 5 0Totxdov Stactaypacpoiiot xpuoc7,3 Toy XtTc))a v be Pot/XI xXaptiot, Tropcpupais ib (ms yap oxix1;), -ripen bi TO -tapas -Efts no&ripous 43a5 ypappais TETpaycbvots OXou xpuoc;) Koppoupivats (artypivTa arras, Tfjs aitAfis KaXoilatv, exvTi TOO )pu0Ooripa, TO a Trxiisos Eiri Tc7av ibtc0Tme3v xAapac0v 10 oripavTa) ppart-EoAci-rolc Kai yEppaTots Kai AayKIOXaTOIS alret TOO xptiaorrETtiXots, StaX13ots, Kai AoyxczTots, Kai Tois Xorrrois Tits PaotAdas intatipots, TrEpl &iv KaTat XERTOV OqM1yEtaaL TrEptTT6V VIToXai.43a1cov, napiript, TOO AC:you pe TO AmuOv ilT1 TIVexg>rflyrtatv TrIS 1TOTE Ilp63TTIS TCav apxc-ov Kara 15 T4tv tiyouTos. 1 Malay&Mots by patav8ptots P patav8piots P2 patMatav8piats w f NV 2 TovPouav8plats f b AapivTots by TouPtaXapEvTots P TouPtaXat.tivTotc P, f b w Trapayco8ats P ToupaAapivTots A 3 irpayat;Bats w 9 I b TraparzSais P2 A Traparbbats f b 11 by yEpperrots by yEpptiyEppaTots PA Tats lb w 12 XayKtoXCITots by XaKtoXotrot5 P AaKI0X6TOtS P. AayKtoXaTats f b w 13 Acyxcororc P. AoyTraxo)Tot5 P Xoyxcarats f b w 14 trapiript P2 f b papi P napEtpt w

129

attacks its own appendages and devours them all without sensation. When springtime recalls it along with the others into daylight by the law of nature, it grows new feet and, going to the calamint plant, by the touch alone of its herbage it recovers its sting and sheathes itself, just as a snake does by means of the fenne1,64 hence also the Romans call the calamint plant nepeta. For this reason also they derisively call spendthrifts nepotes since they themselves are destroyers of their own limbs. Such facts, then, I had to say on this subject, having digressed from my objective. Seventh Institution, the [so-called] Tribuneship, [Two Tribunes] 45 Thus, then, since the censors were troubling the subjects and prosecuting the citizens rather harshly and the creditors were disposed especially inexorably towards the debtors, the plebeians appointed for themselves two tribunes, Gaius Licinius and Lucius Albinus, who were to arbitrate for the plebeians and to supervise the marketplace. The tribunes themselves used to gird themselves with swords and had public household servants to serve them, whom they used to call vernaculi (the name means house-bred servants), on the basis of whose authority the plebeians exceeded moderation and legislated that even patricians themselves could be summoned to trial by laborers so that the consul, in order to court the plebeians, produced a law that the magistrates not be permitted to punish a citizen without the tribune's decision. When the so-called capita first were provided to the soldiers 6-1

Cf. Plinius Naturalis Historia

130 TIEN TH1 ETTAPXOTHI RIJN TTPAITWPICAN f 56 (47)r 5 ToGiv TrEpti3XEnTov Tns (kiwis Kai 1.16vG) Teil OKTilTTaCt) Trapaxcopoev Kai 4 airriis Tns apt/Spas aKtas ?iv rt Kai 1.16vriv SOKET StaG4)cEtv iKavois au T15 KaTaXai3ot yvGaptopaGtv. TritpuKE yap TO TC;31, TrpaypaTcov if-tripoli-1-a Kai ig aGTfis KaTa- 5 Xavi3avEG8at Tfis iAaTTCbaEGac. BMOC Si 6 xp6vos ixt-payEiv TE Kai irtrEpyaGaGaat TO yevEGtv apa Kai cpSopav EiXnx6Ta aXX' ft (3aatXiG)s apErn TOOatiTil Tic iaTIV, COTE TraXtyyEvEolav St' ali-roi.) TO Tfpiv ioXG.)X6Ta KapaSoKeiv. 10 6 OTO35 OV Tov apxcl)v, 4)5 gq2591)Einthv, axpt Tns Kafaapos roO -trpeaTou intKpaTEias -rip oEX5ouarbv, arras 1.1ETO Tflç Tixrc, i1rIOTO5 TOTS Trparlaat, .tai-frav TO TroXtTeupa, irrraTots priSiv papa illy Trpoanyop(av anoXt-n-eov EiS tinITUtla TOO xpavou SiVev, iauTc.-;) Si Taas 15 Tay atilinavra oTpar6v, SiSczKE Tots 1.1ET' al'iTOA) fi St' iauTc:o-v, TrXnv El 1111yE TO Traapav TrpoTtge.OEV, fibra GTpaTnycbv, cbv Ov 9Aczotv, n St' 1-rroaTparnyc.ov, Taw Trapa'Pcaticdots XEyol.tivo)v AnyaTcov, Toin ivtaTatigvous StEpygeaaat TroXitious, pOvq) T4) innapx4), Os nv calfT4) AintSos povapxoir-vrt, KaTaXilTeztipE-ra 20 t.tEtCovos aikEvTias Tnv Stivaptv. Ov VIET' carrav OK-raPtavOs Kai-Gap, cbs dpgrat, ii-n-apxov iauT4)oi Tfis aAfts pawls OXXO Ay Kai arpartas anOans Kai noXt-rudis Tc4EG)5, fly 00K EixE np6TEpov, avaSEigas, Os, Ppaxii -trapaTpaTrEians Tilc X4Ecos aptiXaKTou Guvnadas, OVT1 iTratipxou Carapxos 25 ns Kai points TO TrpoanyopEan. Kai ini pit? Tfis `Pc.:)(ais, atiXnv TraXaTtov KaXEYG8at yawn, CrTrapxos TOO KaiGapos ivolitCEv, OIOVEI Sail-Epos )(ET' iKEIVOV, TIl Si Tat) KaCiTaCJV (00TC.A) Si TOS iv TrOXiVICil TtapEVIPDXOS `Pcapaiots E30s KaXEiv) TrpaiTEKTos npart-G)04), oiovEl TipOECTTIK6S 30 TOO TrpatTcopkw- TO yap oTpaTnytx6v Elit vrc KaTaXia.ia 3 by 9 by 11 by 12 by 15 alroXITreov P2 lb anoXEraclav P OrroXtiicv 17 1rpoTtp4)Ev b w TrpolTa.n.bmEv P TrpoTtGcbotv f 20 KaTaXineov lb w KaTaXEITCTOV P KaTaXE1nT6v P2 23 by by 24 Os w cos P c'os P2 f b 28 W ivOtacEv P, lb Evt54Ev P ExpnliaTIcEV ? b 30 TrpatTEKTos Pfbw Trparrc.opicp f b TrpatTG)paov P npatTcopkov P2 NA'

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and what the term capitum means 46 In the city's three hundred and sixty-fifth year,65 when Lucius Genucius and Quintus Servilius were consuls, when the Romans were waging war against their neighbor Veii, it became necessary for them to spend not only the summer but, indeed, also the winter alongside the enemy. At that time it was decreed for the first time that the public treasury grant to the soldiers also for the expense of their horse the so-called capita (thus they called baskets made of twigs derived from capere, as if to say, to contain), from which the Romans in their ancestral language name diminutively the so-called capitula. [On the units under arms both names and ranks] 47 Since in the beginning all the people used to serve in the army, they decided to establish a fixed and well-equipped military force, companies of three hundred shield-bearers, which they call cohortes, aloe, namely, squadrons of six hundred cavalrymen, vexillationes of five hundred cavalrymen, turmae of five hundred archer-cavalrymen, and legiones of six thousand infantrymen and aforesaid cavalrymen. The legiones had the following sections, aloe, squadrons of six hundred cavalrymen vexillationes, squadrons of five hundred cavalrymen turmae, squadrons of five hundred archer-cavalrymen legiones, troops of six thousand infantrymen

`'S Sc. 388 B.C.

132 gboiv 61)01164m an) El Tuxav al'rfav f 56 (47)' I Trparrthproy aut.tf3aivr,i. rii.ipov Si Kai TOY Kalaapa a6X11;iaaat aTepiay aiTiav ns gusica r Tau iTrapxou Trpoanyopia Kai TO Taiv TrpatTGapiapy TrpoariSETat yythprapa c'os ifyat Thu apioxfiv, 5 Tiby nabs T1 Kai pri SOKEIV 6061.1avroy gXE1V auvcavupoy Si Tc;') TroXiapxa3, by Kai at'crov Crtrapxov Ovopaabfivat TrpoStharzTat, TrpotiTczpa oapf3avav, TO Trpiv Trpoaayopevapevoy. TpayKuXXos rolvuv To Te8V Kataapcov Biotic iv ypappaoty ex1TOTE1174311 IETTTIKIC3, 85 nV ihrapxos TC.Z3V Trparrizplayebv arritpeby bet aiTo , TrpairpeKTov a6Tay Tc2v 10 Trparrcoptaveby TaypaTapy Kai cpaXayycov fiyepova -ruyxavery clSoTE o,payoy ay Tic Xal3ot Tay CriTapxoy Tfis marls, ?iv Kai Trparreoproy TroXXaxou KaXoupivriv KaTa Tay iviKev apL5p6v iSrlXcboapEv aXXix peiv Kai KaTix Tay ITX1131NTrK6V KaXEbs eavopaapiyoy oO payoy yap XiyiTat TrpairpiKros 15 TrpatTcapiou , oioyil rjrpeov Teal/ TrpatTavtavay, 6TraKouopiyou TayiltiTCOV fl arritpcbv fl aTp8TE141C:iTLIV 11Suvapiaw. AiTias piv OUV 8V Tic Tota6Tas 01:1K ggCil X6y0L1 kill T115 7 Trpoarlyopias -rn apxfis airoSoiri, fiTts Ka9aTrip eaKiavas Tt5, 20 " horrip TravTss TroTapoi Tc..Tav TrpayptitTaw Tfis TroXITilas Kai Traaa 8aXa00a." arrty8fipis yap Tuns c;:)a-rrip iK TLwTOITI Trupas, at Xorrral Tfis TIoXtTEias apxal kEivris Tfis aXri963s apxfis Teby apxcbv SiiKvvvrat araat. OUSE yap Ervat &VEU iKEiV1-15 56vatvTa T1OTE, Ka8' by Si a6Tal pribi pfiv at 25 TEX000aI 81:1Tac, C:85 &t? El TeXgE15 TIV115, OLIVECITalial SityatvTo , pfi Till) Sanavrly airrais TE Kai Tors airy airrebv flyovpivots xopriyo6aris TrIs inapxOTTITos. by yap Tparrov Tic, aKiiros iliytaToy 11 apyupiou TIETT01111.AVOV OVK 11F iauTo6" aXX' iK Typoyavcav gxel KEKTnpivos, EITa, TTpOs TrEviay &ITO- 30 f 57 (48)r crirpOpEvos, KaTaX6EI piv TO OKE005, OXiya wovriaas I iax6os 15 by Ta6&Tot') P., b iK To6 A 22 Ta6To0 by aET017t P KarovSi111113,112 AC11. N3 '/1.0d310/,) 3g S91.4(41 1Z '53911t1G1,13 AC11143101111 SLu. etormy3u9 51inori to `0avIlly3d11 S1j.d)nda. 51p. 91. S1od3l919yr1L 9dun Act Scni.cid . 50dNid 1113

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time his ability to quell intestine factions, for after him no intestine war flared up. [On the Imperial RobesI 4 in time of peace as pontifex, namely, pontine high priest, he used to wear a purple, ankle-length, priestly robe ornamented with spearheads in gold and a cloak, likewise purple, ending in golden flutings, and he used to cover his head for the reasons which I have explained in the treatise which I wrote On Months, but in time of wars he used to wear paludamenta (these are double-folding, scarlet mantles of silk of the highest quality, drawn up at the shoulders by a jewel-studded clasp of gold, which we call fibula, as do the Italians, but at the imperial residence they call it still even now somewhat privately cornucopium). At festivities he used to wear limbi (they are purple, ankle-length cloaks, conspicuous by wavy lines but at the shoulders by tubulated, namely, fluted, fabrics of gold) and goldgammated paragaudae, namely, tunics embroidered with small golden gammas, decorating the tunic on both sides along the border around the feet, that is, bottom of the garment with the letter gamma in gold. In the Senate he used to wear purple mantles (how not, indeed?), adorned at the edge of the border around the feet with squares entirely in gold (the members of the Court call them segmenta, namely, squares embroidered in gold, whereas the masses call them semen to after the mantles of ordinary persons). The mantels, however, were bratteolated, gemmated, and lanciolated, namely, gold-petaled, gem-studded, and lancet-trimmed, and he used to wear the rest of the insignia of the office of emperor, about

156 pvripoythouotv, piTpta Kai cptXocsocpoilat TrpiTrovTa KaTauXnpara hiycov oi aTaXnorrat. 22 'YTTOAOITTOV iaTt KaTa TO Triics3Ev iTnneyEApivov TTEpl TT1S TagEE05 EITTEiv, Troia Ti Tts 41) TTOTE Trapa T43 inTrapxcp Kai Troia yiyove MET' itarvov 11T16 Tei.) TC.1311 TTpatrcoplow inrapxcp, 5 TI EpITE Teal) gv airTn KaTcxXoycov, Trpoonyoptcbv TE Kal XEITOUppc:ay, Mai TE i5av Kai oupPOAcav Kai Tcbv iTri Tots ouvraTTopivots xapTats OnpaTo3v Kai aTac7as Oaa TWIC;JV axpt TripoOpEva, 1 rundetioynA3ri ninon 9 Sodinj nnpoomongig S9du noptdo taptict SidX9 Snodio)And inotionAn lrrl5t1j3 ,(1)3 Snoi SioWodiatil 101ADOC:110/b 51013E103dB. 912 011d3y10.3 /4)1 (4>A0111101A] pO>1 A0d31 -9011 51010/101d, SD1A3LI 1K:01 `A013/1110 ndgno `113011/191.0d gZ -13X3 Anon Stu. nodiolA.ort noignyynu `nnionoj nc?Xonizol Swami Slopyiond Stu. nt.ty9 Aka 'Sonu.nnioncoN 9 `dayionv 9119 /1011101 lg noinn moc7gigx3dati. DtdOiDi U anIdoAltood.u. S0AU. noyy9 ‘Sodioikorl dlatoiny 9.1.u? Ate Sg `nonninu.thow cd.u. d9A 1d3.u> SLtocpAlo Snidoloi Stn. 'ffl3A3y 1 roXp, ASO 179J OZ >190 `50C1101.411 AI1Xd9 nku. LiGooriotto? A/20 (131-1 511.09 ION SZ .ttionoX 3 nnoonynG isrol 31 AUA. noti9 tinon.u. `nonpriniolod.u. no30 A Ann `iouorio)d, nut -1.u.)ipx3 nniyn.q,nkti. ntittOri d9A nvi 3.1.91 *S11013GX3A3A9 -00001 S13 SD13y.tond Stu. `tioN.u. Ol Sod10t411 N 9 `0oit190oci1i. S 1 cu. SoXdn.u..u.19 naXp non911nr O1n01pON '59101r131(011.tin3loA.n0 -no Snoidnri S13 inil3dol3c SnpyionE) Stu. Sainting SoXnrio3u 11 poN tonluu 31. 4 510 fq `n311nch30d19. Sc? nc7A.9y91oot noolly -nn tx031 norininoAkt tica t1 nNno 99049 f1011>11/1:49 SodioLkort d9A 91.n3n0.ot3A 913199>11113 SD10110j3 50/1013y.11 Shilt 01 91119 .50.110r19A9 001 Stiy0dn.L3ri 3g Stu. 'nun? SoXikout2 li nod313 A32/10 SOd.1011.9111101d0A.1100d1110031.013/10113>1506.3/19A3It 9 310 -C:*? 301>1111.030d11 Simon Stlynn N Si. t ‘SonarinoAkt So-nrinang Rol -um! /9ri Stu. `er'iXdonori &xi. 4 1A.40 Chi 139 /gallon SoXdna.tii, ci9A Apt 9 130 09.3 nt,tinn? Scd.u. nnononoAndig SliXdo 5111 AD)TillAt0113 S /1111 ntp..no Nrto ‘n.uotiAx-.ata 91 S13 Scpy3111-13 102).u.) di9A 13 .031 -92111101/9 SnIdoAlmodu. Si.u. ncnizoi 9.1. S9d.u. 51321111 poN •linFicodnXcpAldan 9.1..1"4.1.119 amino mno A0)1 CIN11COOd1119,1 adapting N 1110)31-1 `S093o9loottn 5013 410 Stu. nonon3gou9 ttri nNlai `11Xd9 Sn)doiltood.u.

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made the cavalry commander prefect subordinate to himself not of the Court alone but, indeed, also of the whole army and of the civilian staff, which previously he did not have, who by a slight alteration of the word from careless usage was called hyparchus instead of hipparchus, And at Rome, where even there alone it was a custom for the Court to be called Palatium, it was a habit for him to be called prefect of the Caesar, as if to

say, second after him, but in the castra (it was a custom for the Romans to call their battle camps thus during the time of war) he was called praefectus praetorio, as if to say, commander of the praetorium, for they deigned to

call the general's billet in a foreign land praetorium, even if perhaps the Caesar himself happens to be bivouacking there. I have found that also a solid reason why the designation praetoria also was added to the name of the prefect. It was so as to be the magistracy of things pertaining to something and not to seem to have a prominence, insignificant and synonymous with the prefect of the city, who I have shown before was himself also called prefect, formerly called praetor urbanus. Tranquillus, then, when dedicating in writing the Lives of the Caesares to Septicius, who was prefect of the praetorian cohorts in his day, demonstrated that he was a praefectus of the praetorian units, namely, commander of the armed forces. Consequently, one should not understand him only as the prefect of the Court, which we have shown in many places was called also praetorium in the singular number but, indeed, also rightly designated in

the plural, for he is called not only praefectus of the praetorium but also of

The participle civrtbEiag is a nominative absolute; cf. o-uvoocin, (infra. 111.61).

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the praetoria, namely, commander of the praetoriani, units or cohorts or armies or forces being implied. 7 So, then, such explanations one would give not without reason about the designation of the magistracy, which is, just as an ocean, from which flow all rivers and every sea,82 of the affairs of government. For, just as sparks are dependent upon the same fire, the rest of the government's magistracies are shown to be dependent upon that true magistracy of the magistracies, for they would not be able ever to exist without that magistracy, but, just as they themselves would not be able nor, indeed, those functioning under them, as if staffs, would be able to remain in existence unless the prefecture furnished expenditure both to them and to those along with them governing them. For, as he who has a very large vessel made of silver, not having acquired it by himself but from his ancestors, then, when being reduced to poverty, breaks down the vessel, having thought little of both its strength and beauty, and, when fashioning from it many, although weak, small vessels, fancies that a very large and antique vessel contains much silver from its breakdown than from its oneness, thus, when the greatest magistracy was being broken down, many particular and perhaps excessive magistracies sprang up, Fortune having become displeased rather with the Poet," who said, Rule by many is not a good thing; let there be one ruler, for, whereas the so-called army marshals have from antiquity the office and that alone of comites (for this reason also antiquity knows the secondary army marshals as comitiani. 82 41

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marshals to conduct the affairs of wars but that of the magister to manage the affairs of the Palatium so that the prefecture has nothing else any longer than the charge alone over the expenses which naturally occurs necessarily both for the magistrates produced from it, as I said, and, however, for those whom they themselves dearly were appointed to govern. 12 If one should undertake to accept in the category of histories also the speculations from the predictions, which some call oracles, the words spoken once by the Roman Fonteius have been fulfilled. For he says and mentions verses reputedly given once to Romulus in his ancestral words, foretelling manifestly that Fortune will abandon the Romans at that time whenever they themselves forget their ancestral language. We have inserted the so-called oracle also in the topics which we wrote On Months and such oracles were fulfilled rather. For, when a certain Cyrus, an Egyptian, who still even now is being admired for the art of poetry, was administering at the same time the prefecture of the city and that of the praetoria, although he knew nothing but poetry, then ventured to transgress ancient custom and issued his decrees in the Greek language, the magistracy forfeited along with the language of the Romans also its Fortune. On the Insignia of the Prefecture of the Praetoria 13 After, then, as I said, the cavalry commander had been removed from the magistracies by Augustus and the prefect of the praetoria succeeded to his

power, naturally the magistracy became more enlarged, the

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administration of the affairs of the government having been added also to its military activities, but vestiges of the cavalry commandership no less remain with it, a small change having been introduced, for the prefect began to wear a Coan cloak, for the deeper crimson-colored dye, which was produced on that island and that alone, formerly used to be praised, whereas, in fact, that which shades somewhat gently towards the fiery and is not very deep has been devised by the Parthians, hence also it happens that flame-colored hides are called Parthic. The cloak is a kind of mantle called by the masses nzantion, suspended from the shoulders no farther than up to the knees, segmenta called among us tablia, namely, squares, not being put on the cloak, for, whenever these were put on it, none other except the Caesar alone was permitted to make use of them. It was a custom for the Romans to call gold-embroidered squares segmenta, as we said before. Such was the cloak, but there was also a paragauda, an entirely purple tunic, and a belt of crimson-colored leather attached to it and elaborately wrought at the edge of both of its ridges with delicate stitching and having on its left side a little crescent made of gold but on its right side a little tongue, that is, an insert, it itself also gold-finished, made into the shape of a cluster of grapes, for the reason which we have explained in our treatise On Months. This insert, drawn from the right and brought to the little crescent, securely girds the wearer, a pin itself also golden biting into the strap and fastening the cluster of grapes to the little crescent. The Romans in their ancestral language call the pin fibula and the belt battens, but the Galli call the whole girdle outfit cartamera, which the masses from private usage call cartalamum. That this colloquial word is not

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sarcina. Such, then, are also these facts, but let us return to the subject at hand. 15 It was a custom,s6 for, in fact, recently it became obsolete, that those

pleading lawsuits in the provinces after decisions of the magistracy send them up again after an appeal to the magistracy within a time-limited period in accordance with appellate law, but that those pleading lawsuits in the magisterial courts after their decisions send them up to the imperial office and that the former be called temporaies, namely, time-limited, but the latter be called sacrae, that is, imperial, on account of the fact, as I said, that they were sent up after an appeal for a judicial hearing by the emperor. A very great wonder and proof of an all-felicitous government, the emperor of the Romans used to bear to assume the public service of a lowly judge and to adjudicate lawsuits, enduring perhaps even an extremely thin case, just as our most mild emperor does on account of his affection for his subjects, although he was very much vigilant against foes and was eager to brave danger for us. Would that the populace, being inflamed by demon-driven discords, were not making the peace more unsteady for us, for whose sake the public treasury is subjected to more burdensome expenses for the preservation of the peace than for the curbing of the foes, whence stems the origin of the so-called nova outlays and restriction of the necessaries of life. For, if indolence had weakened those who previously had been emperors, how could this emperor have

t3''

Cl. Codex 77wodosinnus XI tit. XXX.

178 AgyOVTES iri TO/5 ITE8aVg01.15 6VTI TOO xapatStKaara5 TrEpi Tay Katp6v Tfis Stayvc.13aEc.45 iKa2touv Trp65 avvriyopfay. Tairm Kai advocad, ()IOW TrpoaKa/ttotipEvot, En Kai viry AiyovTat. Touppapiou5 yap ETI p3aaas iyd Stapipvripat Trap6vTa5 T() OKOIVIC.9 TC)V aot43aStoul3ebv, Kai Tai5 KowaMITI- 5 G.)01 TC.01/ gVTAIXIC:31), ()JOVE' TrAripthaEatv, TrpoaAEtToupyoevTas Kai TrapeRvuxeiv oO piKpav avaAEyopivous. Toaairm Tic nv Tcav Trparropivcav Kap-1111.1os acaovia. Statraptot rtpes Tot:nets Kai 311K0601 Kai npaiKczvE5 AErroupyias vaSixovTat, iv Si iripo15 Taypaatv 10 avapEpouTal.

f 69(60)'

T1EPI TWN TAXYrPAOWN KAI AYrOYITAAIWN 9 EIpqrat isp6a5Ev Ev 1.1iv aviKa5Ev dvat TO Tc;av Taxuypasocav acbpa, E15 Sito Si raypara Stryna3at Kai riArtpc13paTa. oi piv yap airrc73v int rfiç SiNTou pivourEs ray xpevov St6Kovat 15 Kai Els TO TOO irptptaKpiviott irapfaatv TrX4pcopa, oi Si EIS TO TC-6V AVy01.10T0AICA31/ Taypa pE5t0rapEv0t Kai 8arrov TfV arpaTEiav TrXripouvTE5 Trap& TO/5 Taxpypacpous Kai Eis TO roO KopvtKovAapiou KaTavrcTaatv gicapa. &rites Si pit Kai -min Ec...38Ev A6311 TO ills stalpgaEwc, Kai yap Oa' Apipat ayvo- 20 OOVTES 116(Triv Cirroilatv oi iroXXoi, Trp65 ras Etpripiva5 II-pot:myopias' TaparrepEvot, aiTtav Tij5 Etc Siro TOO iv65 athparos. Topils intoSEigco Tet.) A yEa) oi Taxuypactot -TroAArbv TCV Siovrat, Ka30Trip ol Tpti3o0v0t, rt.p65 TO Stavtioat aTpaTEiav Kai yap Etc TrAi1965 ElatV , c:Sart-Ep iKEtVOI. ET 25 Ti Si Tvx6v 6 xpevos aircoits 1rl TO ligpaS TebV ITOVEilV KQXEI, yelpg Kapvovat, -trearrcos irpOs KaLlaTOUS axpliaTcp. EiK65 OilV, oirK apKo0vTE5 TrpOs Tac TC731/ exVCOTgpC4V 130pay Airroupylas, Trp65 as pan oi vEortirt OTbIlaTOS Kai TrEipsz TrpaypaTcav cbxvpcopivot KtvSlivcov Egce StapKofiat, SiovTat 30 3ort3c;)v. Kai aviKa3Ev piv EKaaTos TpEic iivSpac, TOiç navra apierous iK TO-3V Taxuyp6Kpcav iTrEAiyETO, 003yOp Aitroupyiav 1Ji1 Toe5mipet TE Kai A6yol5Koapovpivous TOO StKaarrolov irkripouv. vi1v Si TO piv T115 ernAoyft5 axETat, 8 by 9 by 10 by 5 by by 21 by 25 by 27 by 28 by 31 by

179

rested when he is not relaxed at all by sleep nor even for the sake of nourishment touches dry bread to satiety?

16 After such practice, then, already earlier had been dissolved into laxity and the previous emperors had renounced together with their weaponry also the very mention of their care of public affairs, a custom87 became current ordaining that the prefect hear imperial lawsuits, a fact which even after the change suffices to indicate the imperial dignity which it had long ago. For, whenever the prefect was on the tribunal, he used to be clad in white and a ranking staff, similarly dressed, used to be with him, but also the principals themselves of the lawsuits used to appear brilliant and silence used to cover completely the court of justice and the most distinguished of orators used to wear apparel worthy of feasts and in the middle of the audience chamber there used to be the tripod, the water receptacle being suspended in its center, and a bowl used to be set beside it, by whose use the water receptacle, once being filled with water, used to give as much time as was sufficient for the termination of the lawsuit during the course of which the ladle was being relieved of the water, which was being filtered through by means of a measurer which was in it, and the oration by the pleaders before an imperial judge used to be wholly exalted. After all these things had ceased to exist, not even a trace of solemnity remained any longer to the court of justice because the assessors hear lawsuits only privately accompanied by the laughter of the bystanders, just as at mimes. And there is no staff or signal indicating the 1,7

Cf. Codex It4stinianus VII tit. LXII.32.

180 6 Si 661305 gTI Kai Vi1V OC:pcETC(1, gVSEV f3oh8o6c Trapiivat aupPaiva TC) TE oKptvicp Tep" TE KOMIEVTapnalov Kal TcTa ToG irptptoKptviou. inaShnip, cbs TrpoSEShAczTat, ava O 1T' gTos gKaaTov EK TC)V Taxuypapcov Tfts i;cbvric 6 vapoc. anaAAaTTEt. Kai Tic 01.1K au CITOX610TITal, TtpOS TO 5 f 69 (60)" TrAtflaos Teav f3oh3o6vTopv acope6v, Thv TOO StKacrutpiott pEyaXe6Tnra Kai TO T6,11/ EV Cr6T43 7Tparrollivcav TO npiv anapiav; iribi TOG napovroc, npaypaTctav piv mix 6vTc.ov Toic inthKOots, Kahev np6c Thv apxTiv, 6.15 ii(501,a1, aUTaW anavraxil ouppiav-azv, Tay 10 Si AityouoTaXicav Tacos KCST. a63EVTiaV (PET& OlfyyV611115 Kal yap XOycov doh) ipaoTcii) iri StKaorac iTipous, Kai 3vp1ipitc TOtc 7113tiTTOVOI, Tar SiKac sla Aiyopivcov 5Eicov KEAEUCECOV allayOVTUIV. 10 KEpa.C.W Si oil optxpe6v TO npiv iiphvhs Kal Ttplis 15 ioxcararric pira Stivapica5 ioxupas Treptylvopivcav Tots Tejv iiphpivcov aKptvicav PonSoic, iiKOs ipcpopoupivous CcTratoi:tv a6.815 rrI Thv SiATov Kal Thv caKepSiias ThEiKEcXV avaorpicpitv. gvaiv iK &limos aixTe6v vapos npec ApKaSiou Ti5ETat 5eaniccav iStacov Kai ItalITTI Kexcoptapivov atiarnpa 20 TptaKovTa T6v api9p6v avSpi6v 111 TrpOTEpOV V T4 30113EIV Stapatvopivcav ovoThoat Tv iTrapxOThTa npOs innwEaiav atiT oitSi yap mixipis hv TO TTIVIKai/Ta, TC.7.3V pat:IA.66w apa 13ovAh BiKac aKpocapivc6v, Toitc Travra5 6ptcra 65CITE Kai TrEvriKaibeKa aifreav, TC.7bV TrETTWILJTEpCOV, Triipst 25 TE Kai T4) xp6vcp KpEITT6VWV, Ttp65 into ypaTv Tois PaatXitiotv apopto5hvat, pi:ifs gTI Kai viiv ShnovTaT01./5 KaAailotv, di TOG TaypaToc TC3v AiryouoTaXicav "ITpC13TEO01/011I OirirCil yap fu TO TV &Fat Trapattpugvrcav 6 anKphTts Ovopa, fiErpicav aq)6Spa TC:11/ xprwartKe6v TITTIOECalIT p6ot:6v, 30 TCJV I.LEV gp1rpoo3Ev 13aotAicav rrl TOGS noXipous Oppeovrcov f 70 (61y iKa1.1-63v Tay inapxias iauvavTcav ToIs vapots avc Of../ Tars Ownais TwocayptniVOU'UTCOV. TO SE ouoThpart Tc;)v iiphpivcav TptaKovra avSpc7,..iv T1lU T)1./ A6y0IJOTQA14.1V 6 vOpos gSiTo Trapohyopiav, oiioav> oG Katvitv o68 TrpciapaTov, TIjV Si TOG 35 2 W f leV

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181

time of the day in accordance with former custom. For the head of the staff (they named him subadiuva, as if to say, deputy assistant), whenever the magistrate was doing transactions, used to stand at the head of those serving, augustly releasing suddenly on the floor small halls, not being cheap, made of silver, having inscribed characters for the hours of the day with numbers and letters of the Italians, and used to make a solemn noise, the small ball being cast upon the marble indicating the hour of the day. 17 After this dignified and so respectable decorum also had ceased to exist, since the magistracy either was not seen at all on the tribunal or in accordance with the customary habits of the Cappadocian, about whom I shall speak later, lay hidden in a bedroom, no one any longer worthy of note came to the staff, having become so debased and having brought disgrace rather than honor to anyone coming to it. It collapsed, therefore, in respect of its cases in law and the first and prominent of the magistracies became more disparaged than any magistracy, being dragged ignominiously to the Court at any time whatsoever, whereas formerly it never used to appear in the Court at the so-called silentia, not to mention the fact that the whole Senate used to hasten before it, entering last of all the magistracies and departing first, the emperor's image according to my previous statement escorting it in his stead, whence, although the first of the so-called silentiarii (he is called anunissionalius) used to be sent to it from the imperial residence from early morning and to exhort it suppliantly to come to the Court, it scarcely went, even disdaining the annoyance.

182 TrpcbToli Tcbv PaotAioav Ovopaoiav avaKaAEoapEvoc, , (In no/k/ktiKt5 g(papev, 1113C:3TOS Tip/ inapxoTitTa crtio-njoa1Evo5 reav rrpatTcopirov Tabc CthT15 TEACRIVTac Atry0VOTaitiOUS it< ri-j5 oiKeia5 Irpoanyopfac KaAEI-69at StdaptoEv.

TIEPI TWNT7PIMIIKPINIWN KAI THE APXAIAI TWN XAPTWN EKAOTEWN

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To.iv ltAgiaTCOV, Ta Xa SE riavrow, Toiv IXV aV arraXtpgv-

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183

18 It remains to relate in detail about the affairs of the staff and to enumerate both how many and of what sort of rosters it is made up, both its customs and practices. For I am convinced that already not even any remembrance is being preserved of those things which by now have ceased to exist because uneducated men, as they have gotten no experience in the court of justice, embark upon matters formerly scarcely handled by men who were most experienced and already had arrived wishfully at a venerable old age. For it was a custom, not implicit but in writing, utterly forbidding anyone to ascend to the office of assistant unless, adorned both with respectability of descent and training in liberal learning and had become distinguished on the docket for a ninth year and had gone through every experience in its affairs and had transformed youthful boldness into gentility he should clearly appear to be worthy of an office so dignified, which had both no small power and a gain formerly amounting to one thousand gold coins. 19 But perhaps the more thoughtful of those who will read me, not without reason will assail me and will say, Having promised to speak about the insignia of the magistracy, why ever have you not mentioned also vexilla, axes, and vine-switches, for the cavalry commander long ago had these and in place of the latter the first of the emperors or Caesares appointed the prefect of the praetoria?

These also, then, I say, were emblems of the prefects of the praetoria up to the time of Domitianus, but, when he had appointed Fuscus by name at the head of the magistracy, he himself wiped away nearly all the memory of the cavalry commandership, having left it no ax, no vexilla, nor the so-

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called vine-switches. For the vine-switch, being borne at present by the princeps, preserves nothing other than the name of antiquity, for long ago and even now among the armed forces themselves the first of those called biarchi bears a rod entwined with a vine-switch made out of silver in homage to Dionysus, formerly revered, as we have mentioned sufficiently in the topics On Months. Time, however, by its interchange has left the ax to the consul alone and to the consular magistracies in the provinces, perhaps having been embarrassed to deprive the consulship also of this emblem. For only the Caesar himself is known thereafter to have vexilla (what these are we have indicated in our work On Months), for Domitianus, being vainglorious, used to like innovations (it is characteristic of tyrants to overturn formerly established customs), hence he not only caused the prefecture of the praetoria the loss of its former honor, but, indeed, also he cut up the prefecture of the city, so far as it depended on him at least, by his appointment of twelve prefects of the city instead of one clearly for each region of Rome. 20 None of these magistracies in the beginning had a fixed residence

either in the first or in our imperial city, as at present, but he who was administering the magistracy used to do transactions at his own abode. And this situation continued up to the time of our Leo, during whose reign a patrician Constantinus, who himself also had hailed from Mazaca but possessed virtue proportionate to the depravity of the wicked Cappadocian and had been reared in learning both most excellently and preeminently above those especially honored at that time by the Italians, when he was holding the prefecture, built a most magnificent

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981

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marketplace, having named it that of Leo, in which he had also the latter's accession recorded in mosaics. After he had had it constructed at his own private costs, as I said, since he was a neighbor to the site (also he was the late grandfather to Rufus in our day), he delivered to the magistracy an inexpensive and unostentatious dwelling to serve the future successor to the magistracy, having built an object worthy of all acclaim. The first and prominent of the magistracies, yielding to the scepter alone, at that time was transacting business in a small dwelling. Matters of luxury were so disregarded by earlier men, who enjoyed solely the cheerfulness of those subject to taxes. 21 Later, however, when Sergius, an expert from the ranks of the forensic

orators and respected for his learning by the kindly Anastasius, had burdened the aforesaid dwelling with an upstairs lodging, he disregarded moderation and introduced greater luxury when the magistracy already was withering away, not having foreseen, for it is not characteristic of human nature to predict the future, that he was constructing a den for the Cappadocian, but he remained content with the dwelling's bath, having respected in it moderation at least. After the Cappadocian (who this man is I shall tell a little later) had swooped into the magistracy, he delivered the magistracy's old and so august dwelling to the battalions of his servants, but he himself, when reposing in its upper story, urine and feces keeping watch around his bedroom, used to lie outstretched naked on his bed, ordering all the members of the staff, as if base domestics, to stand by before his bedroom, as he himself was selecting those whom it pleased him and was exposing them for punishment by the most bestial of his

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rosters in it, both their names and public services, and about its customs and formularies and the words which used to be composed in the documents and simply as many of its features as were being maintained up to our time, which, after the magistracy had been degraded and the staff serving it had been ruined, ceased to exist, in order that also the memory itself of its merits along with its vestiges of antiquity may not be allotted total destruction because of not being recorded in writing at least. Meanwhile I shall speak about the government's other magistracies and manifestly thereafter I shall set forth a special account about the staff, for it is not proper to reckon in with the magistracies those governed by them. On the so-called Magister of the Imperial Officia, namely, Commander of the Armed Forces of the Court 23 All beings both come into existence and exist in accordance with the nature of the good. The beings exist, as they exist, but those coming into existence do not always exist nor exist in the same manner but revolve through generation to corruption, then from corruption to generation, and by existing they are perdurative, but by changing they become rather different. For, when returning into themselves, they exist in substance but come into existence by corruption, nature keeping them with itself and bringing them forth again into manifestation in accordance with the standards established by the Creator. Reason asserts these principles about the original aspect of our government, in which we know that the powerful office of the cavalry commander was instituted, as I have said, before any magistracy. Then, when it had been wiped away in the course

192 TOO PactAicas KivriagvTos KaTa A-tricot/cps, avSpes 40xcaTor0u, Kai KOWCOVTicsavros airT43 'us paotAsia5, OTE Kcpa8ris Tlipaus ipAgypatvEv, AEOVT(011 TfiV iirap)Inc) AlnnoXd9 3g Sioa. `Aaj13w norlionto `AI.Kb2 Scp `Sinicpundio gz qr.! S101 `510110d1 LtAprInosnrindau art Siotmaig Socboot19.u. .noriodgpcinu. noid 49.1. 13o3A9 X13 ‘nochliDanyA. 112 9.1. Irea Soogin Acnitypird>1 ncPa. 911)? SW. trm Strriu 3g (LOX -1113 ‘1111GX3(111dDll `Amyl). 45,311odio A? gllrl p Scp `n>13q Aid Acrndni pox -AoGyLtA)? SlopilodiD SW. Snc4.u. 01 ills `So.utoj OZ -9Xoci.i.110A9dX nor SCOIVG011311.3A1? d31LOC2 ‘501300711.131C3 Sonll 0E f13/19 and011. ION 31 110311GDEISD131.Dd.1.0 St1.1.10.1t1p-1 Rchou '(111119.411J3 (113(10dCb -oyran.lioN non3g1Du.3 `513p.uod1p Stu. Soa3ti9X3 `Sityrpo Somcoa. -iluo>1. Ski. IA? IoTZ 59.1.Anotclod4? noA3dlit13A3nou9 Slakopmongn S I no.u.9.1. pox Solnoru701 AratXchoryou 4lU ru.rooxialu. not non311 S101J101 ,:511113Noodnit 11j92a1arl Oxlip Sh000 Stn. Slod314 Sloyyon. 1Dx p A01nD 531t1110A1D113 `10t111GOO1J9 SX2dNIT1 CO1.00 (10111.03y,AJ13 A1l1dD10.1. ion3rIrtooAl1 4011019 `49192) A31100t1111.1. S12001.10y1d4 toojpri Spd31 IDN1 1.0Dricptj19 paN ImY? 0 I ‘10G3T191311.L0 110.1110.1. KiXFI no Scp d1tA9 Soupicptbor) SoAprilidp 0 3g 0)101 .399111010011119110.1. cb.i.ru3 IniTagul.? do O1 /13TiO119100d11 `53.1.40/11d31 101113 ttellOOX tICOD31.31-111 (tell AO1JDAD Atuuyour? Ao.L.modpA.s? ratuofinftx? 51.a3d9 (10.Lf1000.1. S13 Annto.i. 491 Slot 1att13630/9 4911123 noy9 paN notEl S nootiNoi9 SioNdifj A? 491 pox Sp..up ,131i noGopo `51143riod3d4 ScPoci9 SltXodau,t SUD 5111 Sioiditiomin SKIL 113 Stu. cb.u,uo Sn Sl11 10110>1 'CO0O3.L011113.0 13J1390119 S10A911. 110.1.11133 5101, ttly1fOth AcnporIcod, nlu Smug IrD1 'nlolagvirtyou no.up 4Ltyy9 Aku inx nod9X BI0iLHOu 43 31 4111. Anudicb? SloNarnirtodA. X13 31

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not diverted far from my objective. And the so-called matrices, namely, registers of the rosters, still even now make mention of this designation, I mean that of promotae, but, since the magistracy has devolved upon a different form since the reign of Augustus, as I have said frequently, the so-called adiutores, as if to say, assistants, were added and the probatoriae, as if to say, recommendations and proofs issued by the emperors to those entering into its service, for formerly he who wished to put on a belt of office of whatever sort simply did not get permission unless he first demonstrated that he was fit for it, for the Romans say probare, namely, to indicate the subject with approval, but the masses now call them privatoriae from an ignorant conjecture intimating from it the status of a

private person, for those assuming a service of whatever sort in name alone do not differ from a private person, not that public affairs have not been allotted a better and more efficient aspect by the emperor's care, but that, being themselves unqualified, they enter upon the public services. 3 So, then, commonly to all the rosters dependent upon the emperor's signature are adiutores, who formerly used to be stationed at the front of the battle-formation, for he says thus, at collocare eum in legione prima adiutrice nostra, that is to say, and station him in Our Legio Prima Adiutrix,

hence he who holds first place in every roster still is referred to as cornicularius, even now, namely, horn-bearer or front-line fighter. For the

supreme commander or rather the prefect or the Caesar was at the center of the army during an armed conflict and the title imperator was common to them, as I said, for it does not belong to the emperors alone but unconditionally to him who has obtained the lot to conduct a war with

210

82 iTriBibczatvEU) . (apiciTcliv, !lira Bi pupious iTraivous, Traans Tijs TaEcos. Trapo6aris, yrjcpov avgytma gxouaav etp"lczavvris 'Ay a AorcbTaTos, TOOTCp yixp xaipit TC TrpoapripaTi paUoy fj Tors it< Tall) 61rapgawriov a6Tr.1-3 ygpc-av f 78 (69)r Trpoorvopgvois yvcapiapaatv, fJS cp8aaas Toles it TraVTGJV 5 iauTOY KaXXiaTots, TraiBiia TE Kai X6yots cpapiv, Toto0Tov OK atiTey 3auitaCgaSat povov aXXix Kai -ffoAAoiss iTgpous, of & Tfis 6t8aaKaXias gpyov yEyovaaty. iliKpov 8g, cc gotKiv, Etual VEV01.11Ke3S El 1.16VOIS KOOf.IOTTO TOTS iK lioycov iTriTrISE6paaiv (KaiTol yE Ti iv Tts Tot:rrcou ityricrotTo pigoir,) 10 Kai ToTs ITOAITIKOTS el.41gE Trpaypaatv, 6Trr1purnaapEvos Si Tois flprripots BiKaaTripiols, play TIVa &à TraVTCOV AaE appoviav, Tots oiKEiots ITafl)Ta)(oO KaTaKoAou9c;av napaBEtypaai Kai a6Tc.i5v 818a0KCJV TO:3V gpycov clas ptiats cityaN Kai TiKreiv ol'a TE OOOO TZ xpijotpthi-gpa Trpos Ong) au 13(ou toxin= TpaTrElrj, 15 oiKgicov OOK ElOTOT011TAEOVEKTT11,1aTCOv, agpvoTipay Bi apET-iiv aTrepyaCgrai, X6yots airrijv Kai TrArriKaisTrotKOOtovaa Trpaypaaty. ToUTots Toivvy oilman) eviikoKipriKeos lwavvris AapTrpcirraros, Toils iv Tots TjpETEpOtS stkoo-moots pospo6s TE Kai TrOvous Biav6aas, 1TI Ta TOO pgydaou PaaiXicas Bpapitrat 20 Txyri Kai pEt6vcov iKE18Ev airoAatiou 8cape&v. gall yap SfTrp6s Tors aAAots TrAgovEKTiipaat Kai goi/i6Xoyos 6 (3a0ilicOs, TOOTO KaXci.is 1)1.16.1V 1TE1TOITIKOTOS TOO Xp6VOLI OTTCOS au Ti TOO TipoaraToclyros crepv6Tris Kai TO Aotirew Earaaav T4tv iTri TI Tipoi Aapirp6Tipov." TOOTTIV Tv Tulhu auri TroXiic.7.3v xpripa- 25 TCOV iK TOO 81KaaTriplou Aap6v, fiyoupgyczy TC.7.11) Travra 01 yAuKtrraTczy iraipoav, iTri .1-1jv atAilv avExcL)priaa, arparguaapEvos TOYS TravTas TEOCJapaKOVTO gutavroin Train poiTgaaapatv Kai, Tlf)(eaV TOO gioa36Tos Trapa Tijs Paat/igias 4tthparos Tots TrAripoilaiv , i1Tt8i8oa3at 30 hi Ta Plif3Xia impfiX8ov. 2 by 26 by 30 by

211 supreme power. And, as I have said, the supreme commander was in the center, as Frontinus says, but the cavalry commander, that is, the prefect, was at the left wing, whereas at the other wing were the praetores and legati, namely, generals and deputy generals, whom the consuls used to leave behind in their place when the time of their consulship already was ending so as to be in charge of the army until the arrival at the war of the future consul. The cornicularius had been stationed first, as I said, in the socalled legio consisting in number of six thousand infantry fighters. The legiones in all in the beginning were ten and only that apart from Roman cavalry, auxiliary, cohortal, turmal, and the remaining armed forces, and then also mercenary and for this reason still even now he stands at the head of the whole staff, even if it has been resolved that the prefect no longer go to wars for the reasons which we have stated. 4 Therefore, since all the others were adiutores, the prefect by his own

signature used to give permission to him coming to the service to be stationed into the roster which the aforesaid would chose. The names in all the rosters of the staff are the following. The cornicularius is first, being distinguished by the illustrious title of the so-called comes, even if he has not yet laid aside the belt of office and ascended to that honor by the imperial office and its bestowal by the so-called codicilli, namely, tablets, this prerogative belonging to none of those holding first place in the other civil service bodies. After the cornicularius are two primiscinii, whom the Greeks call first of the staff, two commentarienses (thus the law calls those in charge of the recorders of the public records of the transactions), two

212 TTEPI TWN IKPINIAPIWN TWN AIOIKHIEWN ITPATIWTIKOY TE KM EITUNIKOY KAI KAIKEAAAPIWN !El Traaav Tts irrgA5ot Kara noba Thu `Pcopotimjv iaf 78(69)' 31 Topiav, oi.i-TroTE EilpflaEt Trp6 Tr15 KcavaravrIvou PaatAdas 5 TO aKptvtaptov Ovopa. OKpIVIOV piv yap Kai axp(Pav Kai Ta ToOTo)v Stj Trapayczya EOO60E1, TO Si axptvtaptov inc.avtipov oPSapoi-s. ehOTE OOK OISE 1.1eV a0ro05 aviKaaev TO TroAirEupa, otiB' Eial pipos00 Tfis Toe hrtrapxou o0 tifiv Tris ray i'recpxcav TagEODS, I8IWTEOOVTES Bi Trapf1A3ov KaTa Ta avayKaiov iTri Ta 10 TrpaypaTa Kai Camas, ipol KcavaTavTivos Trpr.7)Tos, c1)5 gpirpoaBEv El'prirat„ 2Kv3iav TE Kai Muatav, Kai ro05 4 iKEIVGJV ica rfv ?CAalKew 1TOAtTEIOW, Tay (popcpopous, &Kan) poOaas Etuvapets T11V OXaTIV TOO Trp65 Bopiav "laTpou iiri Tiiv KC1TCO Aaiav BiEt TUpaVIASOS SlaOKE8a0allEVOS. ipol Si So- 15 KEI cipax6 TrapaTparrivn TOO OKOITOO TTEp1 Tlis Trpoonyopiag pit) yap larpov, viiv Si TOO noTapoii &6 Ppaxicav EITrEry Aavot:43tov TOV airT6v EapiaKopEv Ovopa16pEvov. c:OaTE Sulam StSaaKaAias. 'EK T611 PTITIKav 6p63v, i Tfis KEXTtlaj5 OpEtviis Elva( 20 32 cpriatv 6 Kai-cap ivi343iticp Tea TrpcaTcp T115 KaT' airrav raAXtKfts 'EgyripEpiSos, iK ptas Trriyfic OTEPfivos 8 TE1 orpos, oaSiTEpos Si aircalv -nu incavvpiav c'cpEiyas iTrl TV36Aaaaav 4c63EI-Tat. 6 piv yap 'PtiV05, Traaal/ Tip) raAaTtKilv 12E06yEtov Tptxr) Strwripivrw EIS KEXTtKriv, rEppautKfiv, Kai raXaTuajv St- 25 aTOEXCOV, 00K apbEt povov airnjv pETa 'PoSav6v, axaa Kai (ppoupd, TuAaTTcav aviToSov, TrpO5 Si TO Tapas axESOv Tfis 663E6)5 EIS M6cov TOV TIOTall6V, yEiTova TOO BopEiou np65 Atiatv 'WKEavoe, 6X1a3aivcov, aTro13aAAEt iv -njv o0oav atirCp KaT' apxas iircavvpiav, 1-1ET' i(EIVOt/ 8i Tots T115 BpErravtKfis 30 OaAaTTris intairpETat K6XTrots. 6 Si "laTpos, iaaas TOV aSEXcpav f 79 (70)r 'Prwov Trpos Stivovra ilAtov avaxcopoilvTa, I airras iTri -njv pEpiETat Kai axpt piv tfavvovias, fly "ERArivE5 Tlatoviav St' 7 atcptvtaptov b 6 aKptvtaptov P f b aKpivtapic.av f 296 w 15 Bice lb w Siat P 11 by mptvapicav P f w (1)Ksavoilf bw c.,.)Ktavou P 24 by 29 '6.)KEavoii by 30 Tars oAta3Eur.ov P 6Xta5E0cav f 6X1a5aivwv b w 32 avaxcopoilvTa w avaxwpo0 P TouTfts P Tr15 f b w cavaxwEiv f 1)

213

regendarii, who direct the public road, and two cura epistularum of the Diocese of Pontus. 5 But perhaps one might ask, not without reason, seeking the reason why, since all the Dioceses have the so-called cura epistularum, have they not been assigned to the scrinium of the city to that of weaponry and to that of works. It is clear that that of the city is assigned to the Diocese of Thracia, whereas that of works to other provinces, in which the restorations of works perchance may happen to occur, but, because they are not very frequent, injunctions for their expenditure, being provided from the public treasury, are issued by the cura epistularum in those Dioceses. The scrinium of weaponry surely gets fixed contributions from the provinces, I mean bowstrings, horns, and the rest, but it ministers to injunctions for the needs emerging in the time of wars. 6 Since the throng of speedwriters is large, even beyond number, and has no few opportunities for the making of profit, for this reason those of them who are both more learned and adequate for rendering service are assembled in fifteen conventicles, which they call scholae, and, after they have demonstrated their expertness for public affairs, they are advanced to the unit of the Augustales, if, in fact, perhaps they wish, and end up in the final post of cornicularius after, however, the so-called boethura, but those remaining on the docket are elevated to the final post of primiscrinius. And I have spoken, then, about this subject rather accurately in its place. 7 After those appointed over literary public services are the so-called singularii, active men, being dispatched to the provinces for the sake of

214 Eticpcoviav Kai cpuyeiv 3apPapropo0 KatvoTopotivrEs iKaXEaav, Trjs Tract( Iliv 'Povaioav Eikaigovos TrOXEths, vUv Kal It() Si niTraiScov, Tip/ iSlav StaathCEt Trpoorryopiay. TrEpi Si Thy OpaKiav EiXotipEvos, &Trot:kr/as ih, Trapa Tors inixoxpiots TO gtfrrpooDEv övoiia, davo643tos prraKX99Eis. oiiTcos 5 Si airrav oi ep6KEs iKaXEoav Sion iTri TrpOs 2ApKT0v 6p1i Kal epaoKiav iivEpov otivvEcptis 6 Op iK Tfiç rrroKEtvivris TC;31.1 iypcw aixErpias axthav sax Trawl* exTrorEA0611Evos• aYTIoç airTors ouvExoris iTro43pias a1roTEXETo9at V011icETCO' Aavolifitov Si T6v vETEXocp6pov KEiUot KaXollot Trarplws. Kai 10 Tara JU imp! Tthv noTapc.riv, LTV El TrapEKPaoEt, KaTa Tot, IaptithvtKev Tay ?copal-0v toToptKov, Os noes AtoKAnTiavou Kai raitiatOV TaV ripOVTa TrEpi TroiKiXow criTrwtaTow stExgxan. 33 KowaravTivos oiiv IMAM; TE Kai Mvoiav, Kai Toils 15 4 airrerav cpOpous, Erpriv, exTrthXEoEv, 2upiav Si Wow Kai traXatoT(vriv (pia Si i0T1 XC.bpa Kai h 1.1Avov aptagOv Eis Tr)%fiaos avayETat) iTrapxias avaSEias, iSEriari 0Trapxov, IxETex T6V At(36T1s Kai FaXarias, 'IXXup1Sos TE Kal 1TaXias, Kai Tfis `Ethas TrpoxEtpioao3at, oKETTTOpEvos, cç airres 6 PaaIXEin iv 20 Tots iauroti Xiyet ovyypappaatv, Tripoats aSoKfiroas iiTEX3Eiv. irrioTaTo yap KcovoTavTivos, =Vic 6.1tv U TE 1raL8EIaEI X6yoav Kal ouvaoKijoEt OTrXthv, OUSE yap, El KaT iKaTipav TraiSEuotv gTtrxi Tic StaTrpincov, 13aotXEirs Pthpaiwv irpoExEtgEro, prj Ervin PaSiov 6XXoas KaTaTroXEpriaijvat Tripoas ggairivns 25 aUTots iluxEopivris irp68ou. Kal ouyypacpfiv TrEpi TOtiT01.1 povripn KiXaos 6`Pcoparos TaKTtKas arroXiXotTrEv, oacperas avabibaoKthv oOK 60aws T1ipoat 'Poamaiots TrapaoTrioovrat, 11 aicputbicos Eic Th0 iKEtvcov xthpav 'Poxpaiot yvacpou SIKTiV voKriyotratv, f 79 (70)v aiTiav °UK gr.o X6you Trapaox6pEvos, 1 Si Totairrri ioTiv. 30 TIEpac.rav 6 Sirpos 6Xos Kai al:rpm-ay airXths TO gavos, 34 COSEV CITi TrOXEpov oppav, Ws Kai ?copal-0i. Trp6 Tris Mapiou Tcrav XEyogivwv XEytthvcov StaTaEcos. SixoTopoiivTEs obv avapthTrov ctitTol Bib ugoou TV &co Too othparos Totathy Stailti3aCouoi TOV orpaT6v. SirXov yap Ws 06x eopiopiva 068C Eirpotr) 35 oTpaTEtipaTa Tpirpovatv oi flCpoa &ç iToigous El-vat Twos Tas 6 b w 11 by by 5 by Trpocl)s äU El by 63s iv Pfb w 20 TrpoxElpioaoSat f b w 6Xths Ph 6Xos mat f 31 OXos w xcalpioao3at P 33 XEyithvcav f b w XEytOlvcov P

215

public needs, who in the beginning used to be entrusted with needs most urgent and advantageous to the whole government itself, but, when the prefecture already was wasting away, the pomp-bundle-verbosity of the so-called magistriani slipped in. it happened that the aforesaid were called singularii from the fact that they used to set out to the provinces using one veredus or clearly at least one pack-horse, for the Italians are accustomed to call the solitary man singularis. Thereafter are mancipes, the makers of bread for plebeians and slaves, under whom are bakers and those called in general bodies of accountants, who hear the cases of all those entitled in any way whatsoever to public food. And the Romans call accountants rationales since according to them accounts are called rationes, but the Greeks renamed them catholici from their overall vigilance over public accounts. Thereafter are buyers of grain, whom the historian Victor in his History of the Intestine Wars97 knows to have been called formerly frumentarii because formerly they used to be in charge of the grain supply of the Palatium. When, however, Rufinus at the time had wrecked the prefectural magistracy by his tyrannous conduct, they themselves also ceased to exist. Last of all there are those who formerly were first since in the beginning they used to render service to the cavalry commander, ducenarii, biarchi, centenarii, and centuriones, the Greek meanings of all of whom we have explained before. That they belonged to the staff of the cavalry commander can be known through the codicilli issued from the Court for them, which relate in detail about offices, even if not about Sextus Aurelius Victor De Cnesaribu5 XXXIX.

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them. Such, then, and that many are the sections of the magistracy's rosters. 8 Cursores, as if to say, couriers, certainly get their release from their service at the Court, but the appiicitarii and clavicularii, of whom the former mean only the lictors arresting those being imprisoned because of crimes, whereas the latter mean those putting chains around them, receive a termination of the public services, which they had undertaken, of which these are indicative, not, indeed, of the praetorian service and rank, for they are subalterns to the cornmentarienses. The civic order of the Romans called them recorders of public records, as we said. Just as the nomenculatores fulfill a function and call forth the orators, announcing them by name, thus the former minister to criminal lawsuits. The nonzenculatores, as Aemilius says in his Commentary On the Histories of Sallustius,9i are the announcers of names and exclaimers of the togati, namely, the pleaders of lawsuits. The Romans call togati those who are not in the service but wear paenulae, joining in the advocacy for pay with those pleading lawsuits. For, being in the marketplace, both occupied with books and vigilant over legal difficulties, those pleading lawsuits before the pedanei, namely, petty judges, used to summon them for co-advocacy at the time of the judicial inquiry. For this reason also still even now they are called advocati, as if to say, summoned. Having reached, indeed, the turmarii, I distinctly remember that they were still present at the scrinium of the suhadiuvae, both rendering service at the completiones, as if to say, completions, of the petitions, and earning for themselves no small

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219

compensation. So much was the gainful abundance of transactions. In addition to these also diaetarii, thecophori, and praecones undertake public services, but they are mentioned also in other units of the staff. On the Speedwriters and Augustales 9 I have said before that in the beginning the body of the speedwriters was one, but it has been divided into two units and final posts. For some of them pursue their time remaining on the docket and enter into the final post of primiscrinius, but others, being transferred into the unit of the Augustales and completing the service sooner than the speedwriters, end up even in the office of cornicularius. That the particulars of this division may not escape the comprehension even of the outsiders, for, in fact, the many, being ignorant of them, confused at the aforesaid names, constantly inquire in vain, I shall indicate in my account the reason for the partition of the one body into two. The speedwriters require many years to complete the service, just as do the tribuni, for, in fact, the latter are numerous, just as are the former. If time at all perchance summons them to the conclusion of their labors, they are weary by reason of old age, which is altogether useless for labors. As is natural, then, not being strong enough for the public services of the higher ranks for which those braced with youth of body and experience in public affairs can scarcely endure without risk, they need assistants. And in the beginning each used to choose for himself from the ranks of the speedwriters three men, the best in all respects, for no one except those endowed with both experience and 9" Fr. 48 (ed. B. Maurenbrecher SaMisfit Crispi Historiarum Retiptoe).

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245

On the Cornicularius of the Greatest Staff 22 Since all the rosters, I believe, unless I am at all mistaken, have been presented, by my account, it remains to show again finally in history that the cornicularius is an august leader, for it is needful to show that he holds the staff together as its beginning and at the same time its end. So, then, even time alone, therefore, suffices to render credibility that he had been a leader of the staff for over 1,300 years and that he had appeared in public affairs since the founding itself of sacred Rome, for in the beginning he was at the side of the cavalry commander and the cavalry commander at the side of the then rex so that the cornicularius is well known since the beginnings of the Roman government, even if nothing but his designation has been left to him. For, since the time that Domitianus had appointed Fuscus (thus the Romans call a dark-skinned man) prefect of the praetoria in accordance with the institution of Augustus and made the promotion of the cavalry commander superfluous since he himself was commander of the military forces, everything became altered. 23 Therefore, the cornicularius alone used to arrange transactions being done in any way whatsoever by the prefects and to obtain revenues from them for his own compensation. And this custom, which prevailed since the reign of Domitianus up to our Theodosius, was altered because of the tyrannous conduct of Rufinus, the emperor Arcadius, fearing the power of the magistracy, laid down a law that the princeps of the staff of the tnagister go to the greatest courts of justice, thoroughly investigate and scrutinize the force of the transactions being done in them and to ascertain for what

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249

25 1 could no longer relate without tears the following things according to the Peleus of Euripides." For, after all these things, as also other things,

already earlier had ceased to exist, even I myself suffered the ill fate of the time, having arrived at the end of the ranks of the service without having acquired anything but the title. And I am not ashamed to invoke as attester Justice that I am speaking the truth. I know that I did not receive even one obol either from the princeps or from the so-called compleusinta. Whence, indeed, could I have received it? Ancient custom held that thirtyseven gold coins be provided to the staff for a unilateral petition by those submitting it in any way whatsoever in the then greatest courts of justice, but thereafter a very modest copper coin (not, indeed, a gold coin) was provided piteously, just for charity, and not even regularly. Truly how could the princeps be compelled to give that which formerly used to be given by him to the cornicularius at the time when he is not even remembered by a mere title at least nor undertakes any longer to be present at the court of justice since no one is serving in any rank? I repent when duly reflecting late in the season for what return I had served the court of justice for such a long time, having gotten nothing from it as gratuity. And rightly has this happened to me for having embarked upon this public service. Consequently, it is not troublesome at all to discuss in my account the story regarding myself from its beginnings up to the present.

Fr. 628 (ed. A. Nauck Tragicorum Graccorum Fragmenta2).

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26 When I was twenty-one years of age, in the consulship of Secundianus I came to this felicitous city from my birthplace Philadelphia, which lies at the foot of Mount Tmolus and is in Lydia, and I decided to enter into the ranks of the mernoriales of the Court after I had considered many matters with them and to gird myself up for service with them. That I might not seem to suffer the loss of the intervening time, I decided to attend the school of a philosopher. Agapius was living at that time, about whom the poet Christodorus in his single volume On the Disciples of the Great Proclus says also thus, Agapius is last but the very first of all. While I was going over the basic principles of the Aristotelian doctrines with him, I happened also to hear lectures on Platonic philosophy. Since, however, Fortune had planned to divert me rather into this public service, it advanced Zoticus, a countryman of mine, who also liked me immensely, to the prefecture of the praetoria in the reign of the mildest of all emperors Anastasius. Being able not only to persuade but even to compel me, he enrolled me among the speedwriters of the magistracy, in which also the late nephew to my father, the most kindly Ammianus, happened to excel. 27 That 1 might not perchance be idle, the prefect pointed out to me every avenue of profit so that throughout the whole time of his magistracy (it was brief and had slightly exceeded a year) I gained moderately no less than one thousand gold coins. As was natural, therefore, being grateful to him (how could I not, indeed, be?), I delivered a brief panegyric to him and, having been pleased with it, he ordered that I should receive from the bank a gold coin for each line and those invited by the so-called ab actis to serve as assistants begged me, a thing which had never been done, and

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with books and to dedicate himself entirely to scholarship. Judging it, therefore, unworthy of our times to leave unrewarded him who has ascended to such degree of excellence, we direct Your Excellency to deliver to him from the public treasury such-and-such an amount. Let the aforesaid most wise man know that we will not stop at this, but we will honor him with both titles and greater imperial generosities since we consider it improper for such eloquence to be deemed worthy of so little recompense, praising him if he should impart also to many others a share of his training.

After the director of the prefecture of the city at that time had ratified these words and set aside for me a place assigned to teachers in the Court of the Capitol, while retaining the service, I began to teach and to be motivated to contemplate noble matters. 30 Without any diminution of both ranks and income from the service, just as time was rapidly speeding on imperceptibly, I advanced to the end of the service. And, although as regards profits I moved along as if I were not even in the service, I attained honor and respect from those governing and, clearly the sweetest thing of all, I passed by life in ease. All-wise Justice, comforting me in righteous ways, rendered me respectable to the civil servants and not undeserving of honor by the magistrates, as I said. This is evident also from the resolution issued about me, when I had laid aside the belt of office and returned to the Court. For first, after I had mounted the prefecture's tribunal in accordance with the custom of expressing gratitude to one's superior and of laying aside one's magistracy, the prefect (it was the kindly Hephaestus, a good man, who even from his name alone showed his nobility since he was reputed to be a

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descendant of Hephaestus, the first king of Egypt'" according to the Sicilian'9, esteemed me, arose, and returned my kiss affectionately, embraced me, and forthwith delivered to me with his own hands the warrant of the annonae, congratulating me, and after countless praises in the presence of the entire staff, he read the following resolution, The most learned loannes, for he delights, indeed, in this title rather than the recognitions acquired by him from the rewards bestowed upon him, already previously by the finest of all attainments, we mean both education and learning, rendered him such as to make not only him to be admired but also many others, who clearly have become the product of his teaching. But, having considered it to be a small thing, as it seems, if he should be adorned with the pursuits of learning alone (and yet, in fact, what would one deem greater than these?), he blended them also in governmental affairs and, when he had rendered service to our courts of justice, he preserved a single harmony in all things, emulating in every way his own models and teaching by deeds themselves that a nature, if it is noble and able to engender the more edifying things to whatever aspect of life it should turn, does not depart from its own superior qualities but makes its excellence more dignified when embellishing it with learning and affairs of government. Therefore, having gained reputation in all these matters and having completed both ranks and duties in our courts of justice, the most illustrious tonnes will direct his course toward our great emperor's footsteps and will enjoy greater awards from him. For besides his other excellences the emperor is clearly also a lover of learning, time having done this well in our day so that our solemn ruler may bring also all the rest of the civil order to a degree of greater brilliance.

When I had received from the court of justice this honor equivalent to a large amount of money, having served it for the totality of forty years and four months, colleagues dearest to me in all respects leading the way, I departed for the Court and, after I had obtained the rank usually 105

See also Lydus' work On Months IV.39.

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made entirely of silver and with it adorned that which long ago was called Plakoton near the city's clock, as I have found recorded in the archives of the public instrumenturn, The monument also gave way in our day to the more serviceable works of the city, but the column, having been set up in front of the marketplace at the so-called Hebdomon, is dignified by the statue of our most excellent emperor.

36 Thereafter, as much as the affairs of the scriniarii increased since Zeno's emperorship, proportionately those of the staff waned. For, since from their ranks not only Polycarpus but also many others had been hoisted into the magistracy under Anastasius, then also Marinus, who himself also was one of the scriniarii in Syria, had become vested with the whole administration of public affairs and, since no other any longer except almost they and they alone became incumbents to the magistracy, the affairs of the staff were reduced to complete extinction because of the reduction in number of the taxes,m for the aforesaid became both cancellarii and intendants of finance, as well as administrators of the imperial and public banks, whereas ancient custom held that no one enter upon the public service of the so-called cancellarius but the highly esteemed alone from the ranks of the Augustales and speedwriters. And yet the court of justice used to recognize only two cancellarii, for whom also one gold coin had been set aside daily from the public treasury. The reason for their designation is as follows.

Anastasius became popular for his remission of taxation, having abolished in 498 the tax called chrysargyron and relieved the curialcs from the responsibility for the collection of the municipal taxes (cf. A.E.R. l3oak, A History of Rome to 565 A.D., 482).

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