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On this page: Congius – Connubium – Conopeum – Conquisitores – Consanguinei – Conscripti – Consecratio – Consensus – Consiliaril – Consualia

CONSTITUTTONES.

(Cic. ad Att. xvi. 8 ; Curt. vi. 2). Congiarium was, moreover, occasionally used simply to desig­nate a present or a pension given by a person of high rank, or a prince, to his friends ; and Fabius Maxi-mus called the presents which Augustus made to his friends, on account of their smallness, lieminaria^ instead of congiaria^ because heinina was only the twelfth part of a congius. (Quintil. L c.; compare Cic. ad Fain. viii. 3. ; Seneca, De Bremt. Vit., De Ben. ii. 16 ; Suet. Vesp. 18, Caes. 27.) [L. S.]

CONGIUS, a Roman liquid measure, which contained six sextarii (Rhem. Fann. v. 72), or the eighth part of the amphora, that is, not quite six pints. It was equal to the larger chous of the Greeks. [Cnous.]

There is a congius in existence, called the con­gius of Vespasian, or the Farnese congius, bearing an inscription, which states that it was made in the year 75 A. d., according to the standard mea­sure in the capitol, and that it contained, by weight, ten pounds. (Imp. Caes. vi. T. Caes. Aug. F. iiii. Cos. Mensurae exactae in Capitolio, P. x. ; see also Festus, s. v. Publica Ponder a.} This congius is one of the means by which the attempt has been made to fix the weight of the Roman pound. [libra.]

Cato tells us that he was wont to give each of his slaves a congius of wine at the Saturnalia and Compitalia. (De R. R. c. 57.) Pliny relates, among other examples of hard drinking (//. N. xiv. 22. s. 28), that Novellius Torquatus Mediolanensis ob­tained a cognomen (tricongius^ a nine-bottle-man) by drinking three congii of wine at once.

A congius is represented in Fabretti (Inscript. p. 536). [P. S.]

CONNUBIUM. [matrimonjum.]

CONOPEUM (Ktovwir<iiuv\ a gnat or mus-quito-curtain, i. e. a covering made to be expanded over beds and couches to keep away gnats and other flying insects, so called from K&vce-fy, a gnat.

The gnat-curtains mentioned by Horace (Epod. ix. 16) were probably of linen, but of the texture of gauze. The use of them is still common in Italy, Greece, and other countries surrounding the Mediterranean. Conopeum is the origin of the English word canopy. (See Judith^ x. 21, xiii. 9, xvi. 19; Juv. vi. 80 ; Varr. De Re Rust. ii. 10. § 8.) [J. Y.]

CONQUISITORES, persons employed to go about the country and impress soldiers, when there was a difficulty in completing a levy. (Liv. xxi. 11 ; Cic. pro Mil. 25 ; Hirt, B. Alex. 2.) Some­ times commissioners were appointed by a decree of the senate for the purpose of making a conquisitio. (Liv. xxv. 5.) [R. W.]

CONSANGUINEI. [cognatl]

CONSCRIPTI. [senatus.]

CONSECRATIO. [apotheosis ; inau-

GURATIO.]

CONSENSUS. [OflLIGATIONES.]

CONSILIARIL [conventus.] CONSI'LIUM. [conventus.] CONSTITU'TA PECU'NIA. [pecunia.] CONSTITUTIO'NES. "Constitutio princi-pis," says Gains (i. 5), " is that which the im-perator has constituted by decretum, edictum, or epistola ; nor has it ever been doubted that such constitutio has the force of law, inasmuch as by law the imperator receives the imperium." Hence such laws were often called principales constitu-tiones. The word constitutio is used in the Digest

Sol

CONSUALIA.

(4. tit. 2. s. 9. § 3) to signify an interlocutory of the praetor.

An imperial constitutio in its widest sense might mean everything by which the head of the state declared his pleasure, either in a matter of legis« lation, administration, or jurisdiction. A decretum was a judgment in a matter in dispute between two parties which came before him, either in the way of appeal or in the first instance. E dicta, so called from their analogy to the old edict (Gains, i. 93), edictales leges, generales leges, leges per-petuae, &c. were laws binding on all the emperor's subjects. Under the general head of rescripta (Gains, i. 72, 73, &c.) were contained epistolae, subscriptiones, and annotationes (Gains, i. 94, 96, 104), which were the answers of the emperor to those who consulted him either as public function­aries or individuals. (Plin. Ep. x. 2.) The epis­tola, as the name implies, was in the form of a letter : subscriptiones and annotationes were short answers to questions propounded to the emperor, and written at the foot or margin of the paper which contained the questions. In the time of Tiberius, the word rescriptum had hardly obtained the legal signification of the time of Gains. (Tacit. Ann. vi. 9.) It is evident that decreta and re­scripta could not from their nature have the force of leges generales, but inasmuch as these determi­nations in particular cases might be of general application, they might gradually obtain the force of law.

Under the early emperors, at least in the time of Augustus, many leges were enacted, and in his time, and that of his successors, to about the time of Hadrian, we find mention of numerous senatus-consulta. In fact the emperor, in whom the su­preme power was vested from the time of Augustus, exercised his power through the medium of a senatus-consultum, which he introduced by an oratio or libellus, and the senatus-consultum was said to be made " imperatore auctore." Probably, about the time of Hadrian, senatus-consulta became less common, and finally imperial constitutiones became the common form in which a law was made.

At a later period, in the Institutes, it is de­clared that whatever the imperator determined (constituit) by epistola, or decided judicially (cog-noscens decrevit), or declared by edict, was law ; with this limitation, that those constitutions were not laws which in their nature were limited to special cases.

Under the general head of constitutiones we also read of mandata, or instructions by the Caesar to his officers.

Many of these constitutions are preserved in their original form in the extant codes. [ cod ex theodosianus, &e.] [G. L.]

CONSUALIA, a festival, with games, cele­brated by the Romans, according to Festus, Ovid (Fast. iii. 199), and others, in honour of Census, the god of secret deliberations, or, according to Livy (i. 9), of Neptunus Equestris. Plutarch (Quaest. Rom. 45), Dionysius of Halicarnassus (ii. 31), and the Pseudo Asconius, however (ad Cic. in Verr. p. 142. ed. Orelli), say that Neptunus Equestris and Census were only different names for one and the same deity. It was solemnised every year in the circus, by the symbolical ceremony of uncovering an altar dedicated to the god, which was buried in the earth. For Romulus, who was considered as

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