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

CAIJTIO. CAUTTO. 2039
Horace (Sat.- ii. 4. 62) calls tlien inirntd((s! accordingy modified by its adijuncts, as cautie
popinas. The wine-shop at Pompeii, where the fidejussoria; pigneraticia, or hypothecaria, and so
painting described above was found, seems to have on. Cautio is used to express both the security
been a house of this description; for behind the which a mlagistratus or a judex may require one(
shop there is an inner chamber containing paint- party to give to another, which applies to cases
ings of every species of indecency. (Gell's Porz- where there is a matter in dispute of which a
peiana, vol. ii. p. 10.) The Ganceae, which are court has already cognizance; and also the sectsometimes mentioned in connection with the rity which is given and received by and between
popinae (Suet. Tib. 34), were brothels, whence parties not in litigation. The words cautio and
they are often classed w-ith the lustrac. (Liv. xxvi. cavere are more particularly used in the latter
2; Cic. Phil. xiii. 11, Pro Sext. 9.) Under the sense.
emperors many attempts were made to regulate the If a thing is made a security from one person to
popinae, but apparently with little success. Ti- another, the cautio becomes a matter of pignus or
berius forbad all cooked provisions to be sold in of hypotheca; if the cautio is the engagement of a
these shops (Suet. Tib. 34); and Claudius corn- surety on behalf of a principal, it is a cautio fidemanded them to be shut up altogether. (Dion jussoria.
Cass. ix. 6.) They appear, however, to ha.vee been i l'he cantio was most frequently a writing, which
soon opened again, if they were ever closed; for expressed the object of the parties to it; accordNero commanded that nothing should be sold in. ingly the word cautio came to signify both the inthem but different kinds of cooked pulse or vege- strument (clairographueem or inzst1umzeetumn) and the
tables (Suet. Nlr. 16; Dion Cass. lxii. 14); arnd object which it was the purpose of the instrument
inm edict to the same effect was also published by to secure. (Dig. 47. tit. 2. s. 27.) Cicero (Ad
Vespasian. (Dion Cass. lxvi. 10.) DIiv. ii. 18) uses the expression caltio cilrogr'aphi
Persons who kept inns or houses of public enter- )rei. The phrase cavere atliquid alicui expressed
tainment of any kind, were held in low estimation the fact of one person giving security to another as
both among the Greeks anld Romans (Theophr. to somle particular thiiig or act. (Dig. 29. tit. 2.
e'1/(tar. 6; Plat. Leg. xi. pp. 918, 919); and though s. 9; 35. tit. 1. s. 18.)
the epithets of perifdi and raeligni, which Iolracer Ulpian (Dio. 46. tit. 5) divides the praetoriae
gives to them (Sct. i. 1. 29, i. 5. 4), may refer stipulationes into three species, judiciales, cautioonly to particular innkeepers, yet they seem to ex- iales, commnnes; and he defines the cautionales
press the comlmon opinion entertained respecting to be those which are equivalent to an action
the whole class. (Zell, Die Wl'irtlisleieser d. Allte; (lzstar ac/tiois aibent) and are a good ground for
Stockmann, De 1'ol1iris; Becker, GCallts, ol. i. a new action, as the stipulationes de legatis, tutela,
pp. 227-236.) ratam resi habere, and damnumr infecturn. CaluCAUSA LIBERA'LIS. [ASSERTOR.] tiones then, which were a branch of stipulationes,
CAUSAE PROBA/TIO. [CrvTrrs.] were such contracts as would be ground of actions.
CAUSIA (cavol'a), a hat with a broad brinm, The folloiwing examples will explain the passage of
which was made of felt and worn by the MIace- Ulpial.
donian kiings. (Valer. Max. v. 1. ~ 4.) Its form IIn many cases a bleres could not safely pay
is seen in the annexed figurres, which are taklen legacies, unless the legatee gave security (cctlio)
from a fictile vase, and from a medal of Alexander to refnolrd in case the will nalder which he claimed
should turn out to be bad:. (Dig. 5. tit. 3. s. 17.)
-\> DtjO P,8)'' tJ~~n) T-rhe nlAuciana cautio applied to the case of testaentary conditions, which consisted in not doing
some act; which, if done, would deprive the heres
8<~~ C w + >\ - or legatarius of the hereditas or the legacy. In
order that the person who could take the hereditas
7 7v l' l -_ or the legacy in the event of the condition being
/ broken, might have the property secured, he Ewas
tit. 1. s. 7, s18, 73.) The heres was also in somue
cases boulnd to give security for the payment of
legacies, or the legatee was entitled to the Bonorum
1. of Macedon. The Romanis adopted it firom the Possessio. Tutores and curatores were required to
NMacedonians (Planut. 31il. Glor.- iv. 4. 42, 1'Pes. give security (satisdcl'e) for the due administration
i. 3. 75; Antip. Thess. ine Br eunckii ml. ii. 111), of the property intrrusted to them, unless the tutor
and more especially the 1imperor Caracalla, who was appointed by testament, or unless the curator
used to imitate Alexander the Great in his cos- was a curator legitimus. (Gaits, i. 199.) -A protume. (IIerodian. iv. 8. ~ 5.) [J. Y.] curator who sued in the name of an absent part-,
CAU'TIO, CAVE'RE. Tlhese words are of might be required to give security that the absent
frequent occurrence in the Romann classical writers party would consent to be concluded by the act of
iand jurists, and have a great variety of significa- Iis procurator (Id. iv. 99); this security was a
tions according to the matter to whicll they refer. species satisdationis, included under the genus
Their general signification is that of security given cautio. (Dig. 46. tit. 8. s. 3, 13, 18, &c.) In the
by one person to another; also security or legal case of daimnum infectuln, the owner of the land or
safety which one person obtains by the advice or property threatened with the mischief, might claimn
assistance of another. The general term (cautio) security fromn the person who was threatening the
is distributed into its species accordingr to the par- mischief. (Cic. Top. 4; Gaius, iv. 31; Dig. 43.
ticular kind of the security, which may be by tit. 8. s. 5.)
satisdatio, by a fidejussio, and in various other If a vendor sold a thing, it was usual for him
ways. The general sense of the word cautiv is to declare that he had a good title to it, anmd -*L'tt
s 2