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

CULPA, C ULTEAR. 37i3
kind of gayea. [GALEA.] The following'repre- negligentia, id est, non intelligere quod omnes
sentation of a clldo is taken from Choul's Castra- intelligunt." (Dig. 50. tit. 16. s. 213.) If then one
mze1. des Ansciens Ronzains, 1581. [A. R.] man injured the property of another by gross carelessness, he was always bound to make good the
damage (damnunm praestare). Such culpa was not
dolus, because there was not intention or design,
but it was as bad in its consequences to the person
Si %1)?%, h94W\\\ charged with it.
Levis culpa is negligence of a smaller degree.
He who is answerable for levis culpa, is answerable for injury caused to the property of another
by some omission, which a careful person could
have prevented. For instance, in the case of a
ii';;tG V )____ thing lent [Comoa xATurvJ], a man must take at
least as much care of it as a careful man does of
i~'ll hI iii Irlis own property. There is never any culpa, if
the person charged with it has done all that the
most careful person could do to prevent loss or
CULCITA. [LEcTUS.] damage. Levissima culpa came within the meanCU'LEUS, or CU'LLEUS, a Roman measure, ing of the term culpa in the lex Aquilia; that is,
which was used for estimating the produce of vine- any injury that happened to one man's property
yards. It was the largest liquid measure used by through the conduct of another, for want of such
the Romans, containing 20 amphorae, or 160 conzii, care as the most careful person would take, was a
that is, almost 119 gallons. (Rhem. Fann. De Pond. culpa, and therefore punishable. But the expres&c. v. 86, 87; Plin. if. N. xiv. 4; Varro, R. R. sion levissima culpa is said to occur only once in
i. 2. ~ 7; Colum. iii. 3.) [P. S.] the Digest (Dig. 9. tit. 2. s. 44).
CU'LEUS or CU'LLEUS, a sack used in the In the passage of Horace (Sat. ii. 2. 123.)
punishment of parricides.. [LEE" CoRNELIA nDE "Post hoc ludus erat culpa potare magistra,"
SICARIIS.]
CULI'NA. [Domus.] Bentley has the absurd emendation of " cuppa."
CULPA. The general notion of dolus malus The general meaning of culpa in the Roman
may be conveniently explained under this head. writers is well explained by tIasse (p. 8). There
Culpa in its most general juristical sense of any is great difficulty in stating the Roman doctrine
illegalact of commission or omission comprehends of dolus and culpa, and mlodern jurists are by
dolus malus. But the special meaning of culpa is no means agreed on this matter. The chief essay
distinct from that of dolus malus. Dolus malus is on this subject is the classical work of Hasse
thls defined by Labeo (Dig. 4. tit. 3. s. 1): - " Die Cullpa des Rimischen Rechts, second edition
" Dolus males est omnis calliditas, fallacia, machi- by Bethmann - Hollweg, ] 838. Hasse's view is
natio ad circumveniendam, fallendum, decipienduml briefly explained in a note by Rosshirt, to his edi.
alteruln adhibita." Dolus malus, therefore, has tion of Mackeldey's Lehrbuch, ~ 342 (12th ed.);
reference to the evil design with which an act is but it requires a careful study of his work to comaccomplished to the injury of another; or it may prehend Ilasse's doctrine fillly, and to appreciate the
be the evil design with which an act is omitted that great merits of this excellelt essay. What is stated
ought to be done. The definition of Aquilius, a in this short article is necessarily incomplete, and
learned jurist, the friend of Cicero and his coll::agnue may be in some respects incorrect. [G. L.]
in the praetorship (de QOf: iii. 14), labours under the CULTER (probably from cello, percd lo; dim
defect of the definition of Servius, which is criticised cultellus, Eng]. coulter; in southern GermanS, das
by Labeo. (Dig. 4. tit. 8. s. 1.) This seems to be kolter; French, coutec2l; Greek, umXalpa, KCoxis,
the Aquilius who, by the edict, gave the action of or (ayis), a knife with only one edge, which
dolus malus in all cases of dolus malus where there formed a straight line. The blade was pointed
was no legislative provision, and there was a justa ald its hack curved. It was used for a variety of
causa. (Cic. de Nat. Deor. iii. 30.) purposes; but chiefly for killing animals either
It is sometimes ccnsidered that culpa in the in the slaughter-house, or in hunting, or at the
special sense may be either an act of commission altars of the gods. (Liv. iii. 48; Scribonius,
or omission; and that anl act may fall short of Conelpos. 1edl. 13; Suet. A'ug. 9; Plaut. Rud. i. 2.
dolus, as not coninlg within the above definition, 45; Virg. Georg. iii, 492; Ovid. Fast. i. 321.)
but it may approach very near to dolus, and so be- Hence the expressions-bovel ad cultrues eoaere,
come culpa dolo proxima. But the characteristic " to buy an ox for the purpose of slaughtering it"
of culpa appears to be omission. It is true that (Varro, De Re Rust. ii. 5); a2e sub cultro lisquit,
the damnumn which is necessary to constitute culpa " he leaves mle in a state like that of a victim dragged
is often the consequence of some act; but the act to the altar" (Hor. Sat. i. 9. 74); se ad celltrum
derives its culpose character rather from something locare, " to become a bestiarius" (Seneca, E1). 87).
that is omitted than from what is done. From some of the passages above referred to, it
Culpa then being characterised by an act of would appear that the culter was carried in a kind
omission (negligentia), or omissio diligentiae, the of sheath. The priest who conducted a sacrifice
question always is, how far is the person charged never killed the victim himself; but one of his
with culpa bound to look after the interest of an- ministri, appointed for that purpose, who was called
other, or to use diligentia. There is no such ge- either by the general name minister, or the more
neral obligation, but there is such obligation in specific po1pa or cultrardius. (Suet. Cllig. 32.) A
particular cases. Culpa is sometimes divided into tomb-stone of a cultrarius is still extant, and upon
lata, levis, and levissima. Lata culpa " est nielia it two cultri are represented (Gruter, Inscript. vol
BB 3