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

AUCTOR. AUCTORITAS. 173
expression "' patres auctores fiunt," nor does Livy, the meaning of each is kept distinct. (Cic. ('Q
in the passages quoted, speak of the lex curiata de iii. 30.)
imperio. But they speak of the same thing, though With reference to dealings between individuals,
they use different expressions. This explains why auctor has the sense of owner (Cic. Pro Caeciitl
Dionysius sometimes uses an expression equivalent 10), and is defined thus (Dig. 50. tit. 17. s. 175):
to " patricii auctores fiunt," for patricii of course Auctor meus a quo jus in me transit. In this sense
means the curiae, and not the senate. (Antiq. auctor is the seller (venditor), as opposed to the
Roin. ii. 60, vi. 90.) buyer (erator): the person who joined the seller ill
Till the time of Servius Tullius there were only a warranty, or as security, was called auctor sethe comitia curiata, which, as already explained, first ezlsdu1s, as opposed to the seller or auctor prilmus.
elected a king, and then by another vote conferred (Dig. 19. tit. 1. s. 4, 21; tit. 2. s. 4, 51.) The
the imperium. The imperium could only be con- phrase a malo azuctore enezre (Cic. Verr. 5. c. 22) -
ferred on a determinate person. It was, therefore, auctorem laudcare (Gell. ii. 10) will thus be intelnecessary to determine first who was to be the per- ligible. The testator, with respect to his heir,
son who was capable of receiving the imperium; might be called auctor. (Ex Corp. Hermogen.
and thus there were two separate votes of the pa- Cod. tit. 11.)
tres. Servits Tullius established the comitia cen- Consistently with the meanings of auctor as alturiata, in which the plebs also voted. When. his ready explained, the notion of consenting, approvconstitution was in full force after the exile of the ing, and giving validity to a measure affecting a
last Tarquin, the patres had still the privilege of person's status clearly appears in the following pasconfirming at the comitia curiata the vote of the sage. (Cic. Pro Donz. c. 29.)
comitia centuriata, that is, they gave to it the Auctor is also used generally to express any per"C patrum auctoritas " (Cic. De Repub. ii. 30); or, son under whose authority any legal act is done.
in other words, the c" patres ".were "c allctores facti." In this sense, it means a tutor who is appointed
(Cic. Pro Plancio, c. 3.) That this was the prac- to aid or advise a woman on account of the intice under the early Republic, we see from Livy firmity of her sex (Liv. xxxiv. 2; Cic. Pro Caeciul.
(ix. 38, 39). c. 25; Gaius, i. 190, 195): it is also applied to a
Ins the fifth century of the city a change was tutor whose business it is to approve of certain acts
made. By one of the laws of the plebeian dic- on behalf of a ward (pupilias). (Paulus, Dig. 26.
tator Q. Publilius Philo, it was enacted (Liv. viii. tit. 8. s. 3.)
12) that in the case of leges to be enacted at the The term anuctores juris is equivalent to juriscomitia centuriata, the patres should be auctores, periti (Dig. 1. tit. 2. s. 2. ~ 13; Gellius, ii. c. 10):
that is, the curiae should give their assent before and the law writers or leaders of particular schools of
the vote of the comitia centuriata. If we take law were called sc/eolde ucctores. It is unnecessary
this literally, the comitia curiata might still reject to trace the other significations of this word. [G. L.]
a proposed law by refusing their previous sanction; AUCTORAMENTUM. [GLADIATORES.]
and this might be so: but it is probable that the AUCTO'RITAS. The technical meanings of
previous sanction became a matter of form. By a this word correlate with those of auctor.
lex Maenia of uncertain date (Cic. Brutus, c. 14), The auctoritas senatus was not a senatus-con.
the same change was made as to elections, which sultum; it was a measure, incomplete in itself,
the Publilia lex had made as to the enacting of which received its completion by somne other auleges. This explains the passage of Livy (i. 17). thority.
Accordingly, after the passing of the lex Maenia, Auctoritas, as applied to property, is equivalent
the " patrum auctoritas" was distinct from the lex to legal ownership, being a correlation of auctor.
curiata de imperio, while, before the passing of the (Cic. Top. c. 4; Pro Caecin. c. 26.) It was a
lex Maenia, they were the same thing. Thus the provision of the laws of the Twelve Tables that
lex Maenia made the lex curiata de imperio a mere there could be no usucapion of a stolen thing
form, for the imperium could not be refused, and so (Gaius, ii. 45), which is thus expressed by Gellius
in the later Republic, in order to keep up a shadow in speaking of the Atinian law (xvii. c. 7): Queod
of a substance, thirty lictors exhibited the cere- subreptum erit ejus rei caeterna actoritas esto; the
mony of holding the curiata comitia; and the auc- ovnership of the thing stolen was still in the oritoritas patrum, which was the assent of the senate, ginal owner. (Cic. De QOf. i. c. 12; Dirksen,
appears as the mode in which the confirmation of Uebersicht, &c. der ZiSulf-Tcafel-Fragmente, p. 417.)
the people's choice, and the conferring of the im. (As to the expression Usus Auctoritas, see UsU:perium, were both included. CAPIO.)
This explanation which is founded on that of Auctoritas sometimes signifies a warranty or
Becker (Handbuclh der sRtis. Altertliihmer), and ap- collateral security; and thus correlated to auctor
pears to be what he understands by the phrase secundus. Auctoritatis actio means the action of
"patres auctores," is at least more consistent with eviction. (Paulus, Sentent. Recept. lib. 2. tit. 17.)
all the authorities than any other that has been The instruments auctoritatis are the proofs or eviproposed. dences of title.
In the imperial time, auctor is often said of the The auctoritas of the praetor is sometimes used
emperor (prsinceps) who recommended any thing to to signify the judicial sanction of the praetor, or
the senate, and on which recommendation that his order, by which a person, a tutor for instance,
body passed a senatus-consultum. (Gaius, i. 30, might be compelled to do some legal act (Gaius, i.
80; Sueton. Yesp. 11.) 190; Dig. 27. tit. 9. s. 5), or, in other words,
When the word auctor is applied to him who "' auctor fieri." The tutor, with respect to his
recommends, but does not originate a legislative wards both male and female (pszpilli, pupillae), was
measure, it is equivalent to suesor. (Cic. Ad. Att. said negotiumn yerere, and auctoritatemz intep7oonere:
i. 19; Brutus, c. 25, 27.) Sometimes both auctor the former phrase is applicable where the tutor does
and suasor are used in the same sentence,'and the -act himself; the latter, where he gimves his ap