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1176

TUTOR.

were placed on the agger before it was completed, to protect the soldiers in working at it. (Sail. Jugurtli. 76 ; Caesar, B. G. vii. 22.) When the tower was brought up to the walls without an (.igger, the ground was levelled before it by means of the musculus.

These towers were accounted most formidable engines of attack. They were opposed in the fol­lowing ways.

1. They were set on fire, either by sallies of the besieged, or by missiles carrying burning matter, or by letting men down from the walls by ropes, close to the towers, while the besiegers slept. (Veget. iv. 18 ; Sil. Ttal. xiv. 305.)

2. By undermining the ground over which the tower had to pass, so as to overset it. (Veget. iv. 20.)

3. By pushing it off by main force by iron-shod beams, asseres or trabes. (Veget. I. e.)

4. By breaking or overturning it with stones thrown from catapults, when it was at a distance, or, when it came close to the wall, by striking it with an iron-shod beam hung from, a mast on the wall, and thus resembling an Aries.

5. By increasing the height of the wall; first with masonry, and afterwards with beams and planks, and also by the erection of temporary wooden towers on the walls. (Caesar, B. G. vii. 22 ; Veget. iv. 19.) This mode of defence was answered by the besiegers in two ways. Either the agger on which the tower stood was raised, as by Caesar at the siege of Avaricum (B. G. L c.), or a smaller tower was constructed within the upper part of the tower, and when completed was raised by screws and ropes. (Veget. Z. c.) On these towers in general see Lipsius, Poliorcet. in Oper. vol. iii. pp. 296—356.

III. Caesar (B.C. ii. 8—9) describes a peculiar sort of tower, which was invented at the siege of Massilia, and called turris latericia^ or laterculum. It partook somewhat of the character both of a fixed and of a besieging tower. It was built of masonry near the walls of the town to afford the besiegers a retreat from the sudden sallies of the enemy ; the builders were protected by a moveable cover ; and the tower was pierced with windows for shooting out missiles.

IV. Towers in every respect similar to the turres ambulatoriae (excepting of course the wheels) were constructed on ships, for the attack of fortified places by sea. (Caes. Bell. Civ. iii. 40, where, respecting the term ad libram, see the commenta­tors ; Liv. xxiv. 34; Appian. Mith. 73, Bell. Civ. v. 106; Amm. Marc. xxi. 12.)

V. Small towers carrying a few armed men were placed on the backs of elephants used in battle. (Liv. xxxvii. 40.)

VI. The words irtipyos and turris are applied to an army drawn up in a deep oblong column. (Gell. x. 9 ; Cato, de Re Milit. ap. Fest. s. v. Serra proe- liari, p. 344, ed. Muller ; Eustath. ad Horn. II. xii. 43.) [P. S.]

TUTELA. [tutor.]

TUTELAE ACTIO. [tutor.]

TUTOR. The difference between a Tutor and Tutela, and Curator and Curatio or Cura, is ex­plained in the article curator. In the Roman system there might be persons who were under no potestas, and had property of their own, but by reason of their age or sex required protection for their own interest, and for the interest of those who

TUTOR.

might be their heredes. This protection was given by the tutela to Impuberes and women.

A Tutor derived his name a " tuendo " from pro­tecting another (quasi Tuitor}. His power and of­fice were " Tutela," which is thus defined by Serviua Sulpicius (Dig. 26. tit. 1. s. 1) : " Tutela est vis ac potestas in capite libero ad tuendum eum qui propter aetatem suam (sud) sponte se defenders nequit jure civili data ac permissa." After the word " suam " it has been suggested by Rudorff that something like what follows has been omitted by the copyists : " eamve quae propter sexum," a conjecture which seems very probable. Tutela ex­presses both the status of the Tutor and that of tho person who was In Tutela. The tutela of Im­puberes was a kind of Potestas, according to the old law: that of Mulieres was merely a Jus.

As to the classification of the different kinds (generci) of Tutela, the jurists differed. Some made five genera, as Quintus Mucius; others three, as Servius Sulpicius ; and others two, as Labeo. The most convenient division is into two genera, the tutela of impuberes (pupilli, pupillae}.- and the tutela of Women. The pupillus or the papilla is the male or the female who is under Tutela.

Every paterfamilias had power to appoint by testament a Tutor for his children who were in his power: if they were males., only in case they were Impuberes ; if they were females, also in case they were marriageable (nubiles\ that is above twelve years of age. Therefore if a tutor was appointed for a male, he was released from the Tutela on at­taining puberty (fourteen years of age), but the female still continued in tutela, unless she was re­leased from it by the Jus Liberorum under the Lex Julia et Papia Poppaea. A man could only appoint a Tutor for his grandchildren, in case they would not upon his death come into the power of their father. A father could appoint a tutor for Postumi, provided they would have been in hia power, if they had been born in his life-time. A man could appoint a tutor for his wife in manu, and for his daughter-in-law (nurus) who was in the manus of his son. The usual form of appoint­ing a Tutor was this: " Lucium Titium Liberis meis tutorem do." A man could also give his wife in manu the power of choosing a tutor (tutoris optio} ; and the optio might be either plena or angusta. She who had the plena optio might choose (and consequently change) her tutor any number of times: she who had the angusta optio was limited in her choice to the number of times which the testator had fixed. [testamentum.]

The power to appoint a tutor by will was either given or confirmed by the Twelve Tables. The earliest instance recorded of a testamentary Tutor is that of Tarquinius Prisons being appointed by the will of Ancus (Liv. i. 34), which may be taken to prove this much at least, that the power of ap­pointing a tutor by will was considered by the Romans as one of their oldest legal institutions. The nearest kinsmen were usually appointed Tu­tores, and if a testator passed over such, it was a reflection on their character (Cic.pro P. Sextio, 52), that is, we must suppose, if the testator himself was a man in good repute. Persons named and appointed Tutores by a will were Tutores Dativi : those who were chosen under the power given by a will were Tutores Optivi. (Gaius, i. 154.)

If the testator appointed no tutor by his will, the tutela was given by the Twelve Tables to-the

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