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non pro custodia, sed . . . ut viatores manere in caupona patiatur . . . et tanien custodiae nomine tenetur." The eaupo lodged travellers in his house, and, though his house was not opened for the safe keeping of travellers' goods, yet he was answerable for their goods if stolen out of his house, and also for damage done to them there. The praetor's edict was in this form: " Nautae (carriers by sea), caupones, stabularii (persons who kept stables for beasts), quod cujusque salvum fore receperint, nisi restituent, in eos judicium dabo." By this edict such persons were made generally liable for the things which came into their care ; for the words " quod cujusque salvum fore receperint," are explained thus, " quamcunque rein sive mercem receperint." But if the goods of the traveller were lost or damaged owing to any unavoidable calamity, as robbery, fire, or the like, the caupo was not answerable. The action which the edict gave was " in factum," or an action on the case ; and it was Honoraria, that is, given by the praetor. The reason why an Honoraria actio was allowed, though there might be actiones civiles, is explained by Pomponius (quoted by Ulpian, Ad Edictum, Dig. 4. tit. 9. s. 3. § 1): in certain cases there might be an actio locati et conducti, or an actio depositi, against the caupo ; but in the actio locati et conducti, the caupo would be answerable only for culpa, and in the actio depositi he would be answerable only for dolus, whereas in this honoraria actio he was liable even if there was no culpa, except in the excepted cases. The English law as to liability of an innkeeper is the same. (Kent v. Shuckard, 2 B. £ Ad. 803.) [G. L.]
CAUPONA, signified, 1. An inn, where travellers obtained food and lodging; in which sense it answered to the Greek words 7ra;-'5o/c6?o^, Karay&yiov, and KardXvffis. 2. A shop, where wine and ready-dressed meat were sold, and thus corresponded to the Greek Ka-nriK^lov. The person who kept a caupona was called caupo.
It has been maintained by many writers that the Greeks and Romans had no inns for the accommodation of persons of any respectability, and that their cauponae and rravBoKe'ta, were mere houses of shelter for the lowest classes. That such, however, was not the case, an attentive perusal of the classical authors will sufficiently show; though it is, at the same time, very evident that their houses of public entertainment did not correspond, either in size or convenience, to similar places in modern times.
Greek Inns. — The hospitality of the earliest times of Greece rendered inns unnecessary ; but in later times they appear to have been very numerous. The public ambassadors of Athens were sometimes obliged to avail themselves of the accommodation of such houses (Aeschin.De Fals. Leg. p. 273), as well as private persons. (Cic. De Div. i. 27, Inv. ii. 4.) In addition to which, it may be remarked, that the great number of festivals which were celebrated in the different towns of Greece, besides the four great national festivals, to which persons flocked from all parts of the Hellenic world, must have required a considerable number of inns to accommodate strangers, riot only in the places where the festivals were celebrated, but also on the roads leading to those places. (Becker, Charikles^ vol. i. p. 134.)
The word /caTr^Aao;-/ signified, as has been already remarked, a place where wine and ready-
dressed provisions were sold. Kam)Ao? 'signifies in general a retail trader, who sold goods in small quantities, whence he is sometimes called TraAry-KaTTrjXoSy and his business iraXiyKairqXefeiv (Dem. c. Dionysodor. p. 1285 ; Aristoph. Pint. 1156 ; Pollux, vii. 12) ; but the term is more particularly applied to a person who sold ready-dressed provisions, and especially wine in small quantities. (Plat. Gorg. p. 518.) When a retail dealer in other commodities is spoken of, the name of his trade is usually prefixed; thus we read of irpoga-TOKaTr^Aos- (Plut. Perid. 24), oitXvv KcwnjAos (Aristoph. Pa/r, 1175), ao'irio'wv K&iryKos (Id, 439), fii§\ioicdTrri\os, &c. In these /cafriiAeTa only persons of the very lowest class were accustomed to eat and drink. (Isocr. Areiop. c. 18 ; Becker, Cliarikles^ vol. i. p. 259, &c.)
2. Roman Inns. — A Roman inn was called not only caupona^ but also taberna and taberna diver-soria, or simply diversorium or deversorium. Along all the great roads of Italy there were inns, as we see from the description which Horace gives of his journey from Rome to Brundisium (Sat. i. 5), though the accommodation which they offered was generally of a poor kind. We also find mention of public inns in Italy in other passages. (Cic. pro Cluent. 59, Phil. ii. 31; Hor. Ep. i. 11. 11 ; Propert. iv. 8. 19; Acts of the Apostle^ xxviii, 15.) At R,ome, there must have been many inns to accommodate strangers, but they are hardly ever spoken of. We, however, find frequent mention of houses where Avine and ready-dressed provisions were sold, and which appear to have been numerous in all parts of the city. The houses where persons were allowed to eat and drink were usually called Popinae and not cauponae ; and the keepers of them, Popae. They were principally frequented by slaves and the lower classes (Cic. Pro Mil. 24), and were consequently only furnished with stools to sit upon instead of couches, whence Martial (v. 70) calls these places sellariolas popinas. This circumstance is illustrated by a painting found at Pompeii in a wine-shop, representing a drinking-scene. There are four persons sitting on stools round a tripod table. The dress of two of the figures is remarkable for the hoods, which resemble
those of the capotes, worn by the Italian sailors and fishermen of the present day. They use cups made of horn instead of glasses, and from their whole appearance evidently belong to the lower orders. Above them are different sorts of eatables hung upon a row of pegs.
The Thermopolia, which are spoken of in the article calida, appear to have been the same as the popinae. Many of these popinae were little better than the Lupanarki or brothels ; whence