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instruments being found together, is in accordance with the fact, that they are very commonly mentioned together by ancient authors (Find. Ol. iii. 9, xi. 97, 98, Isth. iv. 30, ed. Bockh ; 1 Cor. xiv. 7) ; and the reason of this was, that performances on the double pipe were very freqiientl}'- accompanied by the music of the lyre. (Hor. Epod. ix. 5.) The mouth-pieces of the two pipes often passed through a capistrum. (See woodcut, p. 553.)
Three different kinds of pipes were originally used to produce music in the Dorian, Phrygian, and Lydian modes. [MusiCA, p. 777,] About the third century b. c., Pronomus, the Theban, invented adjustments (ap/jLoviai) by which the same set of pipes might be fitted to all the modes. (Paus. ix. 12. §4; Athen. xiv. p. 631, e.) In what these adjustments consisted we are not clearly informed. Probably stopples or plugs (6'A/xof) were used for this purpose. It appears also, that to produce the Phrygian mode the pipe had only two holes above (biforis, Virg. Aen. ix. 617—620), and that it terminated in a horn bending upwards. (Tibull. ii. 1. 86 ; Ovid. Met. iii. 533.) It thus approached to the nature of a trumpet, and produced slow, grave, and solemn tunes. The Lydian mode was much quicker, and more varied and animating. Horace mentions " Lydian pipes " as a proper accompaniment, when he is celebrating the praise of ancient heroes (Carm, iv. 13. 30). The Lydians themselves used this instrument in leading their troops to battle ; and the pipes, employed for the purpose, are distinguished by Herodotus (i. 17) as "male and female," i.e. probably bass and treble, corresponding to the ordinary sexual difference in the human voice. The corresponding Latin terms are tibia deoctra and sinistra (Jaeva, Plin. I.e.): the respective instruments are supposed to have been so called, because the former was more properly held in the right hand and the latter in the left. The 4t tibia deoctra " was used to lead or commence a piece of music, and the " sinistra " followed it as an accompaniment. Hence the former was called incentiva, the latter succentiva. (Varro, de Re Rust. i. 2.) The comedies of Terence having been accompanied by the pipe, the following notices are prefixed to explain the kind of music appropriate to each: tibiis paribus, i. e. with pipes in the same mode ; tib. imparibus, pipes in different modes ; tib. duabus deoetris, two pipes of low pitch ; tib. par. deoctris et sinistris, pipes in the same mode and of both low and high pitch.
The use of the pipe among the Greeks and Romans was threefold, viz. at sacrifices (tibiae sacri-ficae), entertainments (ludicrae, Plin. I. c.; woodcut, p. JJ08), and funerals. (Ovid. Fast. vi. 657.) 1. A sacrifice was commonly attended by a piper (tibicen, Varro, de Re Rust. iii. 17; woodcut, p. 1045, b), who partook of the food offered, so that " to live like a piper " became a proverb applied to those who maintained themselves at the expense of other people. (Suidas, s. v. Av\rjr^s : Aristoph. Pax^ 952.) The worshippers of Bacchus (Virg. Aen. xi. 737), and still more of Cybele, " the Berecynthia mater " (Hor. Carm. iv. 1. 23), used the Phrygian pipe, the music of which was on this account denominated rb Mf]Tpwov av\rj/j.a. (Paus. x. 30. § 5.) 2. At public entertainments the tibicines wore tunics reaching down to their feet (Ovid. Fast. vi. 686), as is exemplified in one of the woodcuts under tunica. In conformity with the use of this kind
of music at public festivals, a band of tibicines preceded a Roman general when he triumphed. (Florus, ii. 2.) 3. The gravity and solemnity of the Phrygian pipes, which adapted them to the worship of Cybele, also caused them to be used at funerals. (Statius, Theb. vi. 120 ; compare Joseph. B. J. iii. 8. 5 ; Matt. ix. 23.) The pipe was the instrument principally used to regulate the dance [saltatio], whether at sacrifices, festivals, or private occasions in domestic life (Herod, vi. 12i>); by means of it also the rowers kept time in a trireme. (Max. Tyr. 23.)
Notwithstanding the established use of the pipe for these important purposes, it was regarded, more especially by the Athenians, as an inelegant in strument, greatly inferior to the lyre. (Pint. Alcib. p. 351 ; Gellius, N. A. xv. 17 ; Aristot. Polit. viii. 6.) Horace, however, represents Clio as perform ing according to circumstances either on the tyre or the pipe (Carm. i. 12. 2 ; compare Philost. Sen. Imag. ii. 5); and it is certain that the pipe was by no means confined anciently, as it is with us, to the male sex, but that auA^rpuJes, or female tibi cines, were very common. (Xen. Symp. ii. 1; Hor. Epist. i. 14. 25.) The Thebans always esteemed this instrument, and excelled greatly in the use of it. (Anihol. ed. Jacobs, ii. 633.) [J. Y.]
TIGNI IMMITTENDI SERVITUS. [ser-
VITUTES, p. 1031, b.J
TIMEMA (Ti'/tfjjua). The penalty imposed in a court of criminal justice at Athens, and also the damages awarded in a civil action, received the name of TfytTjjua, because they were estimated or assessed according to the injury which the public or the individual might respectively have sustained. The penalty was either fixed by the judge, or merely declared by him according to some estimate made before the cause came into court. In the first case the trial was called aykv Ti/njrbs, in the second case ay&v dr/ju^Tos, a distinction which applies to civil as well as to criminal trials.
It is obvious that on a criminal charge two inquiries have to be made ; first, whether the defendant is guilty, secondly, if he be found guilty, what punishment ought to be inflicted upon him. It may be advisable to leave the punishment to the discretion of the judge, or it may not. In some cases the Athenian law-giver thought that the judge ought to have no discretion. Thus, in cases of murder and high treason sentence of death was imposed by the law and only pronounced by the judge [phonos ; prodosia], and in many other cases the punishment was likewise fixed by the law. But where the exact nature of the offence could not be foreseen by the lawgiver, or it might so far vary in its character and circumstances as to admit of many degrees of culpability, it might be desirable or even necessary to leave the punishment to the discretion of the judge. The law then directed that the same court which passed sentence on the culprit should forthwith impose the penalty which his crime deserved. Thus in the v6pos vgpetas (Demosth. c. Mid. 529) it is enacted : orov av Karayvtp tj 7]Xiaia, Tifj.ct.TW irepl gvtov irapaxprj^a, orov Uv §d£?7 a^ios elvai 7ra0e»> fy a7roT?(Tcu, where amoTlffai refers to pecuniary penalties, iraQtiv to any other sort of penalty, as death, imprisonment, &c. Sometimes a special provision was made as to the means of enforcing the punishment; as in the law last cited, and also