Scanned text contains errors.
mus infantiae or infant! (Gaius, iii. 109), are used by the Roman jurists to signify respectively one who is near attaining Pubertas, and one who has just passed the limit of Infantia. (Savigny, System des Jteut. R.R. vol. iii.) [!mpubes.] [G. L.]
INFERIAE. [FuNus, p. 562, b. ]
TNFULA, a flock of white and red wool, which was slightly twisted, drawn into the form of a wreath or fillet, and used by the Romans for ornament on festive and solemn occasions. In sacrificing it was tied with a white band [vitta] to the head of the victim (Virg. Georg. iii. 487 ; Lucret. i. 88 ; Sueton. Calig. 27), and also of the priest, more especially in the worship of Apollo and Diana. (Virg. Aen. ii. 430, x. 538 ; Servius, in he. ; Isid. Orig. xix. 30 ; Festus, s. v. Infulae.} The " torta infula " was worn also by the Vestal Virgins. (Prud. c. Sym. ii. 1085, 1094.) Its use seems analogous to that of the lock of wool worn by the flamines and salii [apex]. At Roman marriages the bride, who carried wool upon a distaff in the procession [Fusus], fixed it as an infula upon the door-case of her future husband on entering the house. (Lucan, ii. 355 ; Plin. H. N. xxix. 2; Servius, in Virg. Aen. iv. 458.) [J. Y.J
INGENUI, INGENU'ITAS. Freemen (li-beri) were either ingenui or libertini. Ingenui are those free men who are born free. (Gaius, i. 11.) Libertini are those who are manumitted from legal slavery. Though freedmen (libertini) were not ingenui, the sons of libertini were ingenui. A llbertinus could not by adoption become ingenuus. (Gell. v. 19.) If a female slave (ancilla) was pregnant, and was manumitted before she gave birth to a child, such child was born free, and therefore was ingenuus. In other cases, also, the law favoured the claim of free birth, and consequently of ingenuitas. (Paulus, Sent. Recept. iii. 24, and v. 1. De liberali causa.} If a man's ingenuitas was a matter in dispute, there was a judicium ingenuitatis. (Tacit. Ann. xiii. 27 ; Paulus, S. R. v. 1.)
The words ingenuus and libertinus are often opposed to one another ; and the title of freeman (liber}, which would comprehend libertinus, is sometimes limited by the addition of ingenuus (liber et ingenuus, Hor. at. P. 383). According to Cincius, in his work on Comitia, quoted by Festus (s. v. Patricias), those who, in his time, were called ingenui, were originally called patricii,, which is interpreted by Goettling to mean that Gentiles were originally called Ingenui also : a manifest misunderstanding of the passage. If this passage nas any certain meaning, it is this : originally the name ingenuus did not exist, but the word patricius was sufficient to express a Roman citizen by birth. This remark then refers to a time when there were no Roman citizens except patricii ; and the definition of ingenuus, if it had then been in use, would have been a sufficient definition of a patricius. But the word ingenuus was introduced, in the sense here stated, at a later time, and when it was wanted for the purpose of indicating a citizen by birth, merely as such. Thus, in the speech of Appius Claudius Crassus (Liv. vi. 40), he contrasts with persons of patrician descent, " Unus Quiritium quilibet, duobus ingermis or-tus." Further, the definition of Gentilis by Scaevola [gens, p. 5G7J, shows that a man might be ingenuus and yet not gentilis, for he might be the sou of a freedman ; and this is consistent with
Livy (x. 8). If Cincius meant his proposition -to be as comprehensive as the terms will allow us to take it, the proposition is this :—All (now) ingenui comprehend all (then) patricii; which is untrue.
Under the empire, Ingenuitas, or the Jura In genuitatis, might be acquired by the imperial favour ; that is, a person, not ingenuus by birth. was made so by the sovereign power. A freedman who had obtained the Jus Annulorum Aureorum, was considered ingenuus ; but this did not inter fere with the patronal rights. (Dig. 40. tit. 10. s. 5 and 6.) By the natalibus restitutio the princeps gave to a libertinus the character of ingenuus ; a form of proceeding which involved the theory of the original freedom of all mankind, for the liber tinus was restored, not to the state in which he had been born, but to his supposed original state of freedom. In this case the patron lost his patronal rights by a necessary consequence, if the fiction were to have its full effect. (Dig. 40. tit. 11.) It seems that questions as to a man's ingenuitas were common at Rome ; which is not surprising, when we consider that patronal rights were involved in them. [G. L.]
INJURIA. Injuria, in the general sense, is opposed to Jus. In a special sense injuria was done by striking or beating a man either with the hand or with any thing ; by abusive words (con-viciuni) ; by the proscriptio bonorum, when the claimant knew that the alleged debtor was not really indebted to him, for the bonorum proscriptio was accompanied with infamia to the debtor (Cic. pro Quint. 69 15, 16) ; by libellous writings or verses ; by soliciting a mater familias or a prae-textatuss[lMPUJ3Es] ; and by various other acts. A man might sustain injuria either in his own person, or in the person of those who were in his power or in manu. No injuria could be done to a slave, but certain acts done to a slave were an injuria to his master, when the acts were such as appeared from their nature to be insulting to the master; as, for instance, if a man should flog another man's- slave, the master had a remedy against the wrong-doer, which was given him by the praetor's formula. But in many other cases of a slave being maltreated, there Avas no regular formula by which the master could have a remedy, and it was not easy to obtain one from the praetor.
The Twelve Tables had various provisions on the subject of Injuria. Libellous songs or verses were followed by capital punishment, that is, death, as it appears (Cic. Rep. iv. 10, and the notes in Mai's edition). In the case of a limb being mutilated the punishment was Talio (Festus, s. vt Talio}. In the case of a broken bone, the penalty was 300 asses if the injury was done to a freeman, and 150 if it was done to a slave. In other cases the Tables fixed the penalty at 25 asses. (Gellius, xvi. 10, xx. 1 ; Dirksen, Uebersicht^ &c-)
These penalties which were considered sufficient at the time when they were fixed, were afterwards considered to be insufficient; and the injured person was allowed by the praetor to claim such damages as he thought that he was entitled to, and the judex might give the full amount or less. But in the case of a very serious injury (atroso injuria), when the praetor required security for the defendant's appearance to be given in a particular sum, it was usual to claim such sum as the damages in the plaintiff's declaration, and though the jud.es