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

INSTITORIA ACTIO. INSTITUTIONES. 639
Choerilus, p. 155, ed. Naeke; Hesych. s. v. >'a- Horace (Ep. xvii. 20), and with the Magister Navis
ilacKbs rpo7ros: Eust. in Honz. Od. xiii. p. 525), (Carm. iii. 6. 30). (Gaius, iv. 71; Instit. iv.
the swan, the tiger (Virg. Aen. x. 166), the tit. 7; Dig. 14. tit. 3.) [G. L.]
bull (prpoToJi', Tacpou, Schol. in Apoll. Rhlod. INSTITUTIO'NES. It was the object of
ii. 168). Plutarch mentions a Lycian vessel with Justinian to comprise in his Code and Digest or
the sign of the lion on its prow, and that of Pandect, a complete body of law. But these works
the serpent on its poop, manifestly intended to were not adapted to elementary instruction, and
express the form of the chimaera. (De hMul. the writings of the ancient jurists were no longer
Vist. p. 441, ed. Steph.) After an engagement at allowed to have any authority, except so far as
sea, the insigne of a conquered vessel, as well as they had been incorporated in the Digest. It was,
its aplustre, was often taken from it and suspended therefore, necessary to prepare an elementary treain some temple as an offering to the god. (Plut. tise, for which purpose Justinian appointed a comThemnist. p. 217.) Figure-heads were probably used mission, consisting of Tribonianus, Theophilus, and
from the first origin of navigation. On the war- Dorotheus. The commission was instructed to conmgalleys of the Phoenicians, who called them, as pose an institutional work which should contain the
Ilerodotus says (iii. 37), 7raTaLtoL, i. e. " carved elements of the law (legurn cunabula), and should
images," they had sometimes a very grotesque not be encumbered with useless matter (Psooemz.
appearance. Inst.). Accordingly, they produced a treatise,
Besides the badge which distinguished each under the title of Institutiones, or Elementa (Dec
individual ship, and which was either an engraved Jzsis docendi Ratione), which was based on former
and painted wooden image forming part of the elementary works of the same name and of a simiprow, or a figure often accompanied by a name lar character, but chiefly on the Commentarii of
and painted on both the bows of the vessel, other Caius or Gaius, his Res Quotidianae, and various
insignia, which could be elevated or lowered at other Commentarii. The Institutiones were pubpleasure, were requisite in naval engagements. lished with the imperial sanction, at the close of
These were probably flags or standards, fixed to the year A. a. 5.33, at the same time as the Digest.
the aplustre or to the top of the mast, and serving The Institutiones consist of four books, which are
to mark all those vessels which belonged to the divided into titles. They treat only of Privatunl
same fleet or to the same nation. Such were " the Jus; but there is a title on Judicia Publica at the
Attic" and " the Persic signals " (Tb'ATT'KbV 5X- end of the fourth book. The judicia publica are not!e7oYv, Polyaen. iii. 11. ~ 11, viii. 53. ~ 1; Becker, treated of by Gaius in his Commentaries. HeinCha-ikies, vol. ii. p. 63). A purple sail indicated eccius, in his Antiquitatum Romanarum Jurispruthe admiral's ship among the Romans, and flags of dentiam illustrantium Syntagma, has followed the
different colours were used in the fleet of Alexander order of the Institutiones. Theophilus, generally
the Great. (Plin. IT. N. xix. 5.) [J. Y.] considered to be one of the compilers of the InstituI'NSTITA (7repn7rodLov), a flounce; a fillet. tiones, wrote a Greek paraphrase upon them, which
The Roman matrons sometimes wore a broad fillet is still extant, and is occasionally useful. The best
with ample folds, sewed to the bottom of the tunic edition of the paraphrase of Theophilus is that of
and reaching to the instep. The use of it indi- W. O. Reitz, Haag, 1751, 2 vols. 4to. There are.
cated a superior regard to decency and propriety of numerous editions of the Latin text of the Institlmanners. (Hor. Sat. i. 2. 29;,Ovid, Ars Amat. i. tiones. The editio princeps is that of Mainz, 1468,
32.) It must have resembled a modern flounce. fol.; that of Klenze and Boecking, Berlin, 1829,
By the addition of gold and jewellery it took the 4to, contains both the Institutiones and the Comform of the more splendid and expensive CYcLas. mentarii of Gains; the most recent edition is that
When this term denoted a fillet, which was of Schrader, Berlin, 1832 and 1836.
used by itself, as in the decoration of a TiaYRsus There were various institutional works written
(Stat. T/ieb. vii. 654), it was equivalent to VITTA by the Roman jurists. Callistratus, who lived
or FASCIA. [TUNICA.] [J. Y.] under Septimius Severus and Antoninus Caracalla,
I'NSTITOR. [INSTITORIA ACTIO.] wrote three books of Institutiones. Aelius MarINSTITO'RIA ACTIO. This actio was al- cianus wrote sixteen books of Institutiones under
lowed against a man who had appointed either Antoninus Caracalla. Florentinus, wholived under
his son or a slave, and either his own or another Alexander Severus, wrote twelve hooks of Instituman's slave, or a free person, to manage a taberna tiones, from which there are forty-two excerpts in
or any other business for him. The contracts with the Digest. Paulus also wrote two books of Instisuch manager, in respect of the taberna or other tutiones. There still remain fragments of the
business, were considered to be contracts with the Institutiones of Ulpian, which appear to have conprincipal. The formula was called Institoria, be- sisted of two books. But the first treatise of this
cause he who was appointed to manage a taberna kind that we know of was the Institutiones of.
was called an Institor. And the institor, it is said, Gaius in four books. They were formerly only
was so called, " quod negotio gerendo instet sive known from a few excerpts in the Digest, from the
insistat." If several persons appointed an institor, Epitome contained in the Breviarium, from the
any one of them might be sued for the whole Collatioe, and a few quotatlons in the Commsentary
amount for which the persons were liable on the of Boethius on the Topica of Cicero, and in Priscian.
contract of their institor; and if one paid the de- The MS. of Gainls was discovered in the library
usand, lie had his redress over against the others of the Chapter of Verona, by Niebuhr, in 1.816.'by a societatis judicium or communi dividundo. A It was first copied by Goeschen and Bethmangreat deal of business was done through the medium Hollweg, and an edition was published by Goeof institores, and the Romaus thus carried on various schen in 1820. The deciphering of the MS. was
lucrative occupations in the name of their slaves, a work of great labour, as it is a palimpsest, the
which they could not or would not have carried on writbing on which has been washed out, and in
personally. Institores are coupled with Nautae by I souie places erased with a knife, in order to adapt