AVG on the coins of Marcus Antonius is highly improbable. 82 I do not think that Octavian or his supporters would have desired to borrow anything from Antonius, and least of all that title which seems to have marked out Octavian's new position in the state after his restoration of the republic. That the lituus is, however, an allusion to Augustus is quite possible.

83

There remain other objects of importance which may shed some light on the question of the relationship between Augustus and Romulus. One is the Gemma Augustea in Vienna, probably executed by Dioscurides, an engraver of the first century A.D. The scene on the upper section of the cameo represents the moment when Tiberius in his triumph of 12 A.D. descended from his chariot to bow the knee before Augustus.84 What I wish to point out is the fact that in his right hand Augustus holds the lituus. Is this not another attempt to emphasize the connection between Augustus and Romulus? The mere fact that Augustus was a member of the college of augurs, important as the office was, scarcely seems an adequate explanation for the selection of the lituus Quirinalis as the attribute of Octavian in this scene, but it might well be that the symbol referred to the fact that Augustus held his leadership of the state through the heavensent flight of birds, which, as in the case of Romulus, had sanctioned his rule within the city and the empire.

Another monument which displays the lituus in the same or in greater prominence is an altar to the Lares Augusti, now in the Uffizi at Florence, which was set up in the year 2 A.D. in the Vicus Sandalarius, as the inscription informs us.85 The side which shows Augustus, Altmann describes as follows: "Auf der Vorderseite stehen über einer länglichen Inschrifttafel drei Figuren, in der Mitte Augustus mit einem "Lituus"

82 Cf. n. 14.

83 Cf. Furtwängler, Antike Gemmen, Leipzig-Berlin, 1900, Pl. LVI and Vol. II, pp. 257-8.

84 Cf. Suet. Tib. 20.

85 C. I. L. VI, 448.

in der erhobenen Rechten. Links von ihm eine Figur, in der man L. Caesar erkannt hat, rechts Livia, in der Linken eine Opferschale, in der Rechten eine gefüllte runde Schachtel (acerra). Ein Huhn am Boden pickt nach Körnern.” 86 The sacred chicken is a reference to the augurate, and the prominence of the lituus in the scene was intended, I believe, to recall the augury of Augustus when he, like Romulus, had seen the twelve vultures and to suggest likewise the name Augustus with its connection in the popular mind with augur. In a description of two painted trophies found in the Via dell' Abbondanza at Pompeii, Spinazzola gives a discussion of the appearance of the lituus in objects of the republic and the new empire.87

Why then was the symbol of the augur so prominently used in the works of art of the early empire? I think that it was because Augustus saw in his first augury and in the augurate itself a religious authorization, a legitimation of his power. And as such he may have had the augurate conferred upon Gaius and Lucius when he had them in view as his heirs. In comment on the coins which represent these two young men along with the lituus, Mattingly says: "The famous type of the two young grandsons of the Emperor needs a little explanation. The two princes are represented wearing the toga virilis, with silver shields and spears presented to them by the knights. Their veils-and the lituus and simpulum in the field-refer to the priesthoods (pontificate and augurate) conferred on them, by Augustus (6 B.C. on Gaius, 2 B.C. on Lucius). The sons of Agrippa and Julia, born in 20 B.C. and 17 B.C. respectively, were both adopted by Augustus in the latter year and soon came to be regarded as his heirs." 88 Both the shields and spears and the great priesthoods were political.

86 W. Altmann, Die Römischen Grabaltäre der Kaiserzeit, Berlin, 1905, p. 175. Cf. Mrs. A. Strong, La Scultura Romana, Fig. 33, for excellent illustration. 87 Cf. Spinazzola, Notiz. d. Scavi (1916), 429 ff.

88 Mattingly, op. cit. introduction, p. cxvi, and Pl. XIII, Nos. 7-20; Pl. xiv,

Nos. 1-4.

Tiberius, the actual successor of Augustus, is represented on the grand cameo of France holding the lituus in his right hand.89 On the Alexandrian coins of Tiberius the same symbol occurs.90 I should also add that (if Housman is correct, as seems to be the case, in referring to Tiberius, line 776 of Manilius' Astron. Iv) Manilius hails Tiberius as a second founder of Rome in the line:

Qua genitus Caesar melius nunc condidit urbem.91

It seems very much in point to note that during the early years of the Empire a keen interest in Romulus and legends connected with him is manifested in art. The type of the she-wolf and the twins is not the only type,92 but we have the fresco from Pompeii 93 dealing with the descent of Mars to Rhea Silvia and scenes connected with the Romulus legend. This fresco is in the third style, and thus in the time of the early empire.94 We have from Pompeii also the fresco on the walls of a shop in the Via dell' Abbondanza which represents a figure carrying the spolia opima and a spear,95 the type of Romulus which appears also on later coins with the inscription "Romulo Conditori" or "Romulo Augusto." 96 The opposite wall of this shop bears a picture of the flight of Aeneas from Troy with Ascanius and Anchises; both are references to the mythological past of Rome and the ancestors of the Roman race. I would suggest that this figure of Romulus which appears on the wall painting and coins was perhaps copied from a statue, a statue which Augustus might well have set up in the rebuilt temple of Quirinus. Augustus realized, I 89 Cf. Furtwängler, op. cit. Pl. LX, Vol. II, pp. 268 ff.; Strong, op. cit. p. 85 f. and Fig. 58.

90 Cf. Vogt, Die Alexandrinischen Münzen, Stuttgart, 1924, p. 21.

91 Manil. Astron. iv, 776 (ed. Housman).

92 Cf. Pauly-Wissowa, s.v. Romulus (11 Reihe 1), 1103-4.

93 Sogliano, Notiz. d. Scavi (1905), 93 ff. and Fig. 2.

94 Cf. Rostowzew, Rom. Mitt. XXVI (1911), 44.

95 Notiz. d. Scavi (1913), 145 and Fig. 2.

96 Cohen, M. I. R. 11, pp. 215 (Nos. 1315-8), 341 (Nos. 704-6); ш, p. 317 (No.

think, that a comparison or identification of himself with Romulus, founder of the city, first augur, and deified hero, would be a powerful help in justifying his political ascendancy. It was easy for such a comparison to arise among the people and it was encouraged by the poets, by Livy in his references to Camillus, Brutus, and Numa, mentioned above, and, it would seem, by Augustus and his family.

VII. The Establishment of the Public Courts at Athens

BY DR. STANLEY BARNEY SMITH

THE OHIO STATE UNIVERSITY

Although Aristotle's Constitution of the Athenians has formed the basis of countless discussions, it still continues to illuminate problems of Athenian political development. We recombine and reinterpret the data found in its pages, and are thus enabled to reconstruct the history of institutions. It is such a reworking of the evidence offered by Aristotle which has suggested a reconsideration of the question: "When, by whom, and under what circumstances were the dikasteria of six thousand jurors developed as separate and permanent organs in the Athenian political system?"

The traditional view, that the courts were established by Solon, is stated thus by Gilbert: "Solon instituted a great popular tribunal consisting of a fixed number of jurymen chosen by lot from among all burgesses over thirty years of age who offered their services." 1 There exists a considerable amount of ancient evidence which supports this interpretation; 2 but the evidence is far from conclusive. We note, first, that nowhere among the extant fragments of his verse does Solon allude to judicial reforms. Furthermore, Aristotle

1 Gr. Staatsalt. 1 (1893), p. 153; Eng. tr. p. 139. The opinion of Gilbert is also that of E. Meyer, Geschichte des Alt. 11 (1893), p. 659; Beloch, Gr. Geschichte, I, 1 (1924), p. 365; Busolt, Gr. Geschichte, II (1895), pp. 283-287; Lipsius, Das Attische Recht und Rechtsverfahren (1905), pp. 27-30; Schoemann, Gr. Alt., I (1897), p. 348; Wilamowitz, Aristoteles und Athen (1893), pp. 59 ff.; Greenidge, Greek Const. Hist. (1914), p. 137; Bonner, Class. Phil. xix (1924), 359; Gertrude Smith, ib. 353, throughout which article the presupposition (cf. 358) is that the dikasteria were in existence in Solon's age; Schulthess, Das Attische Volks- · gericht (1921), p. 4.

2 Ath. Pol. 7, 3; 9, 1; Pol. 1274, a, 3-5; Lys. x, 15-16; Plut. Solon, 18, 2; Comp. Solon. et Pop. 2, 1; Dem. xxiv, 148, 212; Poll. vIII, 53.

It is quite possible, as Linforth (Solon the Athenian (1919), pp. 7-13) implies, that a complete edition of Solon's verse circulated in the fourth century. It would appear probable, however, that any reference to judicial reform, if existent, would have been copied by Androtion and Aristotle: cf. next note.