Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

1198 VINDICATIO. VINDICATIO.
of the villa rustica, and of all the business of 12), were Sacramento; Per judicispostulationem;
the farm, except the cattle, which rere under the Per condictionem; Per manus injectionein; Per
care of the mlayister pecois. (Varro, R. R. i. 2.) pignoris capionem. [P:R JUDICIS POSTULAThe duties of the villicus were to obey his master TIONEM; PER CONDIcTIONEM; MANtS INJECimplicitly, and to govern the other slaves with TIO; PaER PIGNORIS CAPIONEM.]
moderation, never to leave the villa except to go to A man might proceed Sacramento either in the
market, to have no intercourse with soothsayersi case of an Actio in personam or an Actio in rem.
to take care of the cattle and the implements of The part of the process which contained the sacra-a
husbandry, and to manage all the operations of the menzto contendere, or the challenge to the deposit
farm. (Cato, R1. R. 5. 142.) His duties are de- of a sum of money originally, and afterwards to
scribed at great length by Coluttella (xi, 1, and the engagement to pay a penalty, was applicable
i. 8), and those of his wife (villica) by the same both to an action in personam and an action in
writer (xii. 1), and by Cato (c. 143). rem. The condition of the penalty was in fact
The word was also used to describe a person to the existence or non-existence of the right claimed
wholn the management of any business was en- by the plaintiff, whatever the right might be; and
trusted. (See the passage- quoted in Forcellini's the process thus assumed the form of a suit for the
Lexicon.) [P. S.] penalty. It was the Sacramentum which gave to
VINA'LTA. There were two festivals of this this form of action its peculiar character. When the
name celebrated by the Romans: the Vinalia parties were in judicio, they briefly stated their cases
utrbazna or prioria, and;the Viralia rustics or altera. severally, which was called causae conjectio. If it
The vinalia urbana were celebrated on the 23rd of was an Actio in rein, that is a Vindicatio, moveable
April (Ix. Culend. Mai). This festival answered things and moving things (m1obilia et moventia)
to the G(eeek 7rtso0Gyoa, as on0 this occasion the wine which could be brought before the Praetor (in jus),
casks which had been filled the preceding autumn were claimed before the Praetor (in jare vizndicawere opened for the first time, and the wine tasted. bantut) thus: he who claimed a thing as his pro(Plin. H. N, xviii. 69. ~ 3.) But before men ac- perty (qui vmzdicabat), held a rod in his hand,
tualli tasted the new wine, a libation was offered and laying hold of the thing, it might be a slave
to Jupiter (Fest. s. v. Vinalia), which was called or other thing, he said; "Hune ego hominem ex
calpar. (Fest. s. v. Calpar.) jure Quiritium Meum esse aio secundum causam
The rustic vinalia, which fell on the 19th of sicut dixi. Ecce tibi Vindictam illlposui;" and
August (xIv. Calend. Sept.) and was celebrated saying this lie placed the rod on the thing. The
by the inhalbitants of all Latium, was the day on other claimant (adversarius) did and said the same.
wnhich the vintage was opened. On this occasion This claiming of a thing as property by laying the
the flamen dialis offered lambs to Jupiter, and hand upon it, was "in jure manuln conserere," a
while the flesh of the victims lay on the altar, he phrase as old as the XII Tables. (Gell. xx. I0.)
broke with his own hands a bunch of grapes from The Praetor then said: "Mittite anibo hominel,"
a vine, and by this act he, as it were, opened the. and the claimants obeyed. Then he who had made
vintage (vindesl ians auspicari; Varro, de Linzg. Lat, the first vindicatio thus addressed his opponent:
vi. 20), and no must was allowed to be conveyed "Postulo anne dicas qua ex causa vindicaveris.'"
into the city until this solemnity was performed. The opponent replied: "Jus peregi sicut Vindictam
(Plin. IT. N. xviii. 69. ~ 4.) This day was imposui." Then he who had made the first vindi.
sacred to Jupiter, and Venus too appears to have catio proceeded to that part of the process called the
had a share in it. (Varro, I. c.; de Re Rust. i. 1; Sacramentum, which was in the form of a wager
Macrob. Sat. i. 4; Ovid, Fast. iv. 897, &c.) An as to the Right; he said: "Quando tut injuria viaaccount of the story wh}ich was believed to have dicavisti D Aeris sacramento te provoco." The
given rise to the celebration of this festival is given opponent replied by giving the Similiter; " Simi.
by Festus (s. v. Rustica vinalia) and Ovid (Fast. liter ego te."
iv. 363, &c.; compare Aurel. Vict. de Orig. Gent. The process of the Sacramenturn, as already
BRom. 15). [L. S.] observed, was applicable to an actio in personam;
VINDEMIA'LIS FE'RIA. [FERIAE, p. but as that was founded on an obligatio, there was
530, a.] of course no specific object to claim. In the case of
VINDEX. [ACTIO, P. ]1, a; MANUS IN- a Vindicatio the Praetor declared the Vindiciae
JECTIO. ] in favour of one of the parties, that is, in the meanVINDICA'TIO. Actiones In Remwere called time he established one' of the parties as Possessor,
Vindicationes: Actiones in Personam, " quibus and compelled himn to give security to his opponent
dari fieri oportere intendimus," were called Con- for the thing in dispute and the mesne profits, or
dictiones. (Gains, iv. 5.) Vindicationes therefore as it was technically expressed, "jubebat praedes
were actions about the title to res Corporales, adversario dare litis et vindiciarum."
and to Jura in re. (Gains, iv. 3.) The distinction The Praetor took security from both for the
between Vindicationes and Condictiones was an amoulit of the Sacramentstm; for the patty who
essential distinction which was not affected by failed paid the amount of the Sacramentum as a
the change in the form of procedure from the penalty (poenae nownine) which p6nalty belonged
Legis Actiones to that of the Formulae. The to the state (in pstblicuas cedebat). The stists of
Legis Actiones fell into disuse (Gains, iv. 31) money were originally deposited in sacro: the
except in the case of Damnum Infectum and a successfufl party to-ok his money back, and the deJudicum Centumvirale, and from this time both posit of the unsuccessful party was paid into the
Vindicationes and Condictiones were prosecuted aerarium. (Varro, de L. L. 180, Miiller; Festus,
by the Formulae. [Acrio.] The peculiar process s. v. Sacracmenztuz.)
of the Vindicatio belonged to the period when the The Poena of the Sacramentumn was quingenaria,
Legis Actionles were in force. that is, quingenti asses, in cases when the property
The five modes of proceeding Lege (Gaius, iv. in dispute was of the value of a thousand asses and