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enim peregrinae conditionis, manumissus a peregrina. Vocatur ipse Harpocras, patronam habuit Thermuthin Theonis, quae

2 matronam habet, B. and Ald.1

patronam habuit, Cat.

patronam habet Ald."

candidates for office should invest onethird of their property in Italian land (Plin. Ep. vi 19), put a very practical limit upon admission into the senate. In addition to the political rights Roman citizens were protected by the lex Porcia and lex Sempronia from shameful forms of punishment. More important were the private rights (1) ius conubii, without which there was no patria potestas nor ius agnationis (2) ius commercii, which involved the right of acquiring and alienating property ex iure Quiritium, and also the right of testamentary disposition and inheritance according to the civil law. The civitas might be acquired (1) by birth (2) by manumission (3) by direct bestowal either to communities or individuals. (1) All persons born in lawful wedlock from burgesses of municipia or coloniae civium Romanorum were themselves cives. (2) Freedmen manumitted with the full ceremonial, iusta manumissio, by citizens gained the civitas. Those, on the other hand, whose masters had omitted the full ceremonial, or had only had dominium in bonis over them, became 'Latini Iuniani.' The direct bestowal of the 'civitas' had under the republic been the privilege of the Comitia Tributa or Centuriata. Cf. Livy, iv 4, 6, 7; Dionys. 5, 40. Thus it was by the Lex Iulia and a subsequent plebiscitum that the socii were admitted to the civitas after the Social war. It was, however, the custom occasionally to delegate this power (1) to the commissioners sent out to establish Roman colonies Cic. Brut. 20, 79, pro Balbo 21, 48; (2) to generals after victory Cic. pro Balbo, 8, 19; 14, 32, and 20-22. This latter usage in the course of time received an important modification. The generals came to be entrusted on their appointment with the general power of conferring the civitas, which they generally used mainly as a means of enlisting non-citizens into the leigonary forces. This was done to a large extent by Marius (Plutarch, Mar. 28, Cic. pro Balb. 20); by Sulla (Cic. pro Arch. 10); by Pompeius (Cic. Phil. 1, 10), while by Caesar, whole legions were so formed, called vernaculae legiones (see

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Mommsen in Hermes, xix, p. 13). Under the empire all these powers passed naturally to the princeps. He could either confer the civitas on whole communities by establishing a colony of Roman citizens, Tac. Ann. xiv 27, 'vetus oppidum Puteoli ius coloniae et cognomentum a Nerone apiscuntur,' or by raising a town with the Latin right into a municipium; or he could confer it on individuals. In regard to this last point the custom of different emperors varied. Augustus was very sparing with it; Suet. Aug. 40, magni praeterea existimans sincerum atque ab omni colluvione peregrini ac servilis sanguinis incorruptum servare populum, et civitatem Romanam parcissime dedit, et manumittendi modum terminavit,' also c. 47. See also Tac. Ann. i 58, and Dio Cass. 56, 33. Claudius was more generous with it; Dio Cass. 60, 17, ‘συχνοὺς δὲ δὴ καὶ ἄλλους ἀναξίους τῆς πολιτείας ἀπήλασε καὶ ἑτέροις αὐτὴν καὶ πάνυ ἀνέδην, τοῖς μὲν κατ' ἄνδρα, τοῖς δὲ καὶ ἀθρόοις ἐδίδου. Nero even granted it to a number of Greek Pyrrhic dancers; Suet. Nero, 12, quibus post editam operam diplomata civitatis Romanae singulis obtulit.' Galba

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on the other hand, Suet. Galb. 14, 'civitatem Romanam raro dedit.' See also Tac. Hist. i 78, and infra Ep. 107. See also Suet. Gramm. 22, 'tu Caesar civitatem dare potes hominibus, verbo non potes,' Dio Cass. 57, 17. Mommsen has lately shown in Hermes, xix, that the civitas was very commonly given to noncitizens on their enlistment in the legions. The diplomata militaria (see C. I. L. iii) show that it was also frequently granted to the auxiliary troops serving in the cohortes and alae on the completion of their twenty-five years' service; also Tac. Ann. i 58, Segestes a divo Augusto civitate donatus.' Some emperors sold the civitas; cf. Acts of the Apostles, 22, 28, ‘ἐγὼ πολλοῦ κεφαλαίου τὴν πολιτείαν ταύτην ἐκτησάμην. Freedmen who obtained the civitas either by manumission or direct bestowal had not the ius honorum, though their descendants had it; while all new citizens were subject to the heavy 'vicesima hereditatum' unless they received the ius cognationis from the

iam pridem defuncta est.

Item rogo des ius Quiritium libertis Antoniae Maximillae, ornatissimae feminae, Hediae et Antoniae Harmeridi; quod a te petente patrona peto.

emperor. Cf. Plin. Panegyr. § 37, 'novi (cives) seu per Latium in civitatem seu beneficio principis venissent, nisi simul cognationis iura inpetrassent, alienissimi habebantur quibus coniunctissimi fuerant.' peregrinæ conditionis. The pere

grini were strictly all those who were strangers to the Roman state, and so included the Latini, who were thus the most privileged class of peregrini. Since however, they possessed a modified kind of civitas, and since a Latin by passing through certain offices in his town became ipso facto a civis Romanus, the Latini were generally regarded as an intermediate class. Among the peregrini proper there were numerous gradations, according as they belonged to a libera civitas, or to a civitas foederata (in which case again all depended on the nature of the foedus) or to a civitas stipendiaria. Medical men at Rome were as a rule peregrini except those rewarded as here with the civitas. Cf. Suet. Aug. 42, 'peregrinosque omnes, exceptis medicis et praeceptoribus . urbe expulit.'

manumissus a peregrina. Naturally a freedman could never by the mere fact of manumission rise to a higher grade of privilege than his patron, nor would the full ceremonial of manumissio be completed by a non-citizen.

vocatur ipse Harpocras. The peregrini are always designated officially by one name only and the name of the father: cf. Theomuthis Theonis and passim the names of the auxiliary soldiers in the mil. diplomata. Thus C. I. L. iii p. 844 seqq. Diomedes Artemonis, f.; Reburrus Severi f.; Thoemus Horati, f., etc. On becoming a citizen Harpocras would probably assume the nomen Ulpius. Cf. the number of Claudii and Iulii to be found in Gaul.

patronam. On this sense of the word i.e. the former master of a freedman, cf. Tac. Hist. ii 2, 'corrupti in dominos servi, in patronos liberti.'

ius Quiritium. That Antonia Maximilla was herself a Roman citizen is clear from the context, but as a woman she was not able to employ the iusta manumissio, i.e. man. vindicta or man. censu; she would therefore use one of the less formal methods man. inter amicos, or per epistu

lam or per mensam. By the lex Iunia Norbana of 19 A.D., freedmen so manumitted had not the complete civitas but were in a class by themselves called 'Latini Iuniani,' with rights not dissimilar to those of the Latin colonists. Cf. Tac. Ann. xiii 27. 'Quin et manumittendi duas esse species institutas ; quos vindicta patronus non liberaverit velut vinclo servitutis attineri.' These Latini Iuniani, however, could obtain the full civitas by obtaining from the emperor the ius Quiritium: Ulpian iii 2, beneficio principali Latinus civitatem Romanam accipit, si ab imperatore ius Quiritium impetraverit.' While therefore peregrini when they became citizens were said to receive the 'civitas Romana,' the Latini on becoming citizens received the 'ius Quiritium,' i.e. those rights, principally in respect of Quiritary ownership, inheritance, and testamentary disposition according to the 'ius civile' which was wanting to the Latinitas. So Suet. Claud. 19, mentioning the privileges which Claudius granted to various classes specifies, 'civi vacationem legis Papiae Poppaeae; Latino ius Quiritium; feminis ius quatuor liberorum.' Also infra Ep. 104, 'Paulinus excepto Paulino ius Latinorum suorum mihi reliquit ex quibus rogo tribus interim ius Quiritium des ;' also Ep. 1I.

Hediae et Antoniae Harmeridi. Instead of Antoniae Harmeridi Mommsen conjectures Agathemeridi. In any case they would both be named Antonia, the gentile name of their patrona.

petente patrona. Gaius, iii 72, explains the consequences of this condition not being fulfilled. 'Si Latinus invito vel ignorante patrono ius Quiritium ab imperatore consecutus sit, quibus casibus, ut divus Traianus constituit, dum vivit iste libertus ceteris civibus Romanis libertis similis est, et iustos liberos procreat, moritur autem Latini iure, nec ei liberi eius heredes esse possunt ; et in hoc tantum habet testamenti factionem, ut patronum heredem instituat, eique si heres esse noluerit, alium substituere possit.' Also Gaius, iii 56-58; and Sandars Institutes of Justinian, p. 93, and for the whole question see Pauly, Real Encyclop. sub voc., Manumissio, Latini Iuniani, and Ius Quiritium.

VI [XXII]

Agit gratias

C. PLINUS TRAIANO IMPERATORI

Ago gratias, domine, quod et ius Quiritium libertis necessariae mihi feminae et civitatem Romanam Harpocrati, iatraliptae meo, sine mora indulsisti. Sed cum annos eius et censum, sicut praeceperas, ederem, admonitus sum a peritioribus debuisse me ante ei Alexandrinam civitatem inpetrare, deinde Romanam, quoniam esset Aegyptius.

I

Ego autem, quia inter Aegyptios 2

§ 1. I thank you, sire, that you have conferred the ius Quiritium upon the freed women of my friend Antonia, and the civitas on my physician, Harpocras. But in furnishing, according to your directions, his age and census, I was reminded that as an Egyptian he ought to receive the Alexandrine franchise first. § 2. Not knowing this, I omitted to mention all particulars except the fact of his having been manumitted by a patrona now dead. I now beg you to grant him both the Alexandrine and the Roman civitas. His age and census I have already sent to your freedmen.

§ 1. annos eius et censum: previous to his registration in one of the tribes.

ederem. The verb is often used in the sense of making an official return. Cf. Cic. Legg., 3, 20, 47 (quoted in Lewis and Short), 'apud eosdem (censores) qui magistratu abierint edant quid in magistratu gesserint.' Ovid, Met. iii 581; and jocularly in Horace, Sat. ii 4, 10, Ede hominis nomen, simul et Romanus an hospes.'

debuisse me ante ei Alexandrinam civitatem inpetrare. There were in Egypt two classes of inhabitants broadly distinguished from one another, the citizens of the Greek cities, such as Alexandria, Ptolemais, Naucratis and Paraetonion, and the Egyptians belonging to the nomes. To Egypt generally the civitas Alexandrina was what the Romana civitas was to the Roman world, and neither the Ptolemies nor after them the emperors ever, except in very special circumstances, gave this civitas to the Egyptians. Iosephus, contra Apionem 2, c. 6, Aegyptiis neque regum quisquam videtur ius civitatis fuisse largitus neque

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6

nunc quilibet imperatorum.' So too the Roman civitas was given to the citizens of the Greek cities in Egypt as to any other peregrini, but never to the Egyptians from the nomes. See Iosephus, cont. Ap. 2, 4, * μόνοις Αἰγυπτίοις οἱ κύριοι νῦν Ρωμαῖοι τῆς οἰκουμένης μεταλαμβάνειν ἡστινοςοῦν πολιτείας ἀπειρήκασιν. Even the former class were not cives optimo iure, for they were excluded from the senate and were without the ius honorum, Dio Cass. 51, 17. Not even by way of enlistment in the legions do the Egyptians seem to have been able to gain the Roman franchise, as whenever their homes are stated in inscriptions, they are the Greek cities and not the nomes. See Ephemeris Epigraphica, vol. v p. 13, and Mommsen Rom. Gesch. vol. v p. 561. Pliny's ignorance of this rule would seem to show however, that it had not always been rigidly observed, and even Trajan makes an exception in this case.

§ 2. esse eum a peregrina. This is the reading of B. for the unintelligible 'etsi eum' of Avantius. Aldus conjectures

'scilicet eum.'

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ceterosque peregrinos nihil interesse credebam, contentus fueram hoc solum scribere tibi, esse eum a peregrina manumissum patronamque eius iam pridem decessisse. De qua ignorantia mea non queror, per quam stetit ut tibi pro eodem homine saepius obligarer. Rogo itaque, ut beneficio tuo legitime frui possim, tribuas ei et Alexandrinam civitatem et Romanam. Annos eius et censum, ne quid rursus indulgentiam tuam moraretur, libertis tuis quibus iusseras misi.

bureaus were called 'breviaria,' Suet. Vesp. 21, and Marquadt, Staatsverw., vol. ii p. 217. For Trajan's treatment of his liberti see Panegyr. § 88, 'Tu libertis tuis

summum quidem honorem, sed tanquam libertis habes, abundeque sufficere iis credis, si probi et fugi existimentur.'

VII [XXIII]

TRAIANUS PLINIO S.

Civitatem Alexandrinam secundum institutionem principum non temere dare proposui. Sed cum Harpocrati, iatraliptae tuo, iam civitatem Romanam inpetraveris, huic quoque petitioni tuae negare non sustineo.

Tu ex quo nomo sit notum 2 eum scilicet, Ald. esse eum, B. etsi eum, Avant. I institutiones, B.

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Greek cities, was divided under the Ptolemies, and remained so under the empire into vouoí, originally thirty-six in number (Diodor. i 54), but afterwards apparently increased to forty-seven. Each νομός had a μητροπόλις, but this neither had a municipal government itself, nor was the administrative centre of the vouós. The real centre of the district was the sanctuary of some deity. The νομοί were under στράτηγοι, who were subordinate to the emoтρáтnyo of Thebais, Heptanomis, and the Delta. These again were under the praefectus. The στράτηγοι were either Greeks or Egyptians and were nominated by the praefectus for three years; the office was without salary, and was one of the Χωρικαὶ λειτουργίαι from which citizens of Alexandria were exempt.

Pompeium Plantam. Planta is mentioned as having just died in Ep. ix I; the date of which book is fixed by Mommsen as probably about 108 A.D. A scholium to Juv. ii 99 states that

mihi facere debebis, ut epistulam tibi ad Pompeium Plantam, praefectum Aegypti, amicum meum, mittam.

Pompeius Planta wrote an account of the war between Vitellius and Vespasian. Teuffel's Rom. Literat. 341, 9.

praefectum Aegypti. On account of the character of its population, its position, and the vital importance of its corn trade, Egypt was not treated like the other provinces, and the ordinary provincial administration had no place here. The emperors succeeded directly to the position of the Ptolemies, and they kept the administration in their own hands, appointing as viceroy a praefect of equestrian rank; Tac. Hist. i 11, Aegyptum copiasque, quibus coerceretur, iam inde a Divo Augusto equites Romani obtinent loco regum. Ita visum expedire, provinciam aditu difficilem, annonae faecundum, superstitione ac lascivia discordem, ac mobilem, insciam legum, ignaram magistratuum, domi retinere.' So Strabo xvi p. 797, says, “ὁ μὲν οὖν πεμφθεὶς (ἔπαρχος) τὴν τοῦ βασιλέως ἔχει τάξιν. Plin. Nat.

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Hist. v 57, Cum crescit Nilus reges aut praefectos navigare eo nefas iudicatum est.' Arrian. Anab. 3, 5, 10. See also Tac. Ann. ii 59; Dio Cass. 51, 17. Iosephus calls the praefect ὁ ἱππαρχῶν κατὰ τὴν Αἴγυπτον, Ant. Iud. xix 5, 2. They really belonged to the class of procuratores, but received the special title of praefecti, as having a higher position, and being in command of legionary troops. Augustus had ruled that their decrees should have the same force as the edicts of Roman provincial governors, Tac. Ann. xii 60. The praefect was the supreme judicial authority, had charge of the finances, and was responsible directly to the emperor himself, Philo, in Flaccum, xii p. 533. His official abode was Alexandria, from whence he made rounds of inspection from time to time. His tenure of office depended on the emperor's will. See Marquadt, Staatsverw. i pp. 441-444, and Mommsen, Rom. Geschichte vol. v, pp. 553, 554.

VIII [XXIIII]

De statuis principum in municipium transferendis

C. PLINIUS TRAIANO IMPERATORI

Cum divus pater tuus, domine, et oratione pulcherrima et I honestissimo exemplo omnes cives ad munificentiam esset cohortatus, petii ab eo ut statuas principum, quas in longinquis agris per plures successiones traditas mihi quales acceperam

§ 1. When your predecessor, sire, both by precept and example, urged all citizens to acts of public generosity, I begged him to allow me to transfer some statues of the emperors from a countryhouse of mine to the neighbouring town; and to place his among the number. § 2. He most kindly consented, and I wrote at once to the decurions asking for a site, as I intended to build a temple at my own expense. They left the selection of a site to me. § 3. But I was hindered by my illness, then by your father's death and the duties of my appointment at Rome. The present seems a convenient time for me to get away. My month

of duty ends on the 1st of September, and the next month has several holidays. § 4. I beg, therefore, that you will allow me to add your statue to the work, and grant me leave of absence. § 5. I must not conceal the fact that you will greatly assist by this my private affairs. I have lands in that quarter which bring in 400,000 HS. a year, and for which new tenants must be found at once, as they will have to look after the trimming of the vines. Bad seasons also compel me to make some remissions of rent, about which I can only decide on the spot. § 6. I shall owe, therefore, to your kindness both the speedy accomplishment

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