A Copy of an Ancient Chirograph, or Conveyance of Part of a Sepulchre, cut in Marble, Lately Brought from Rome, and Now in the Possession of Sir Hans Sloane, Bart. R. S. Pr. with Some Observations upon It by Roger Gale, Esq; V. P. R. & Tr. R. S.

M·HERENNI· PROTI·V·A·XXII MII DV SECERVNT PARENTES M·HERENNIVS AGRICOLA ET HERENNIA LACENA FILIO CHIROGRAPHVM OLLARIAN IIII CINERARIAN IMM·INTRANTIBVS PAR TELAEVA QVESVNTIN MONVMENTO T·FLAVI ARTEMIDORI QVOD EST VIA SALARIA IN AGRO VOLVSI BASILIDES ENTIBVS AB VRBE PARTE SINISTRADO NATIONIS CAUSA MANCIPIO ACCEPIT M·HERENNIVS AGRICOLA DET·FLAVIO ARTEMIDORO TIS N·T LIBRI PENDEM· HERENNIO IVSTO ANTESTATVS EST·TI IVLIVM·EROTEM INQVE VACVAM POSSESSION EM FARMVM OLLARVM ET CINERARIORVM·T·FLAVIVS ART· MIDORVS HERENNIO AGRICOLE IRE AVT MITTERE OSSA AQVE INFERR PER MISIT SACRVM QVEOVOIENS FACE REVELLIT HERENNIVS AGRICOLA MII DV SECERVNT PARENTES M HERENNIVS AGRICOLA ET HERENNIA LA CENA FILIO CHIROGRAPHVM OLLARIA N IIII CINERARIAN LIII INTRANTIBVS PAR TELA EVA QVE SVNT IN MONVMENTO T FLAVI ARTEMIDORI QVOD EST VIA SALARIA IN AGRO VOLVSI BASILIDES IENTIBVS AB VRBE PARTE SINISTRADO NATIONIS CAUSA MANCIPIO ACCEPIT M HERENNIVS AGRICOLA DET FLAVIO ARTEMIDORO TIS N I LIBRI PENDEM HERENNIO JUS TO ANTES TATVS EST TI IVLIVM EROTEM INQVE VACVAM POSSESSION EM FARM OLLARVM ET CINERARIORVM AT FLAVIVS ARTE MIDORVS HERENNIO AGRICOLEIRE AVT MITTERE OSSAQUE INFERRE PER MISIT SACRVM QVE QVOTENS FACE REVELLIT HERENNIVS AGRICOLO HEREDES VE ET VS PER MISIT CLAVIS VE EIVS MONVMENTI POTESTATE MFACTV RVM SEDIXIT DOLVUM QVEM ALVVM HVIC REIABESSE AVTVRVM QVE SEHAECRECTEDARIFERIPRAESTARI QUESTIPVLATVS EST M HERENNIVS AGRICOLA SPEPONDIT FLAVIVS ARTEMIDORVS ACT XVIII KIANVAR C CALPVRNIO FLACCOL TREBIO GERMANO CS I. A Copy of an Ancient Chirograph, or Conveyance of Part of a Sepulchre, cut in Marble, lately brought from Rome, and now in the Possession of Sir Hans Sloane, Bart. R. S. Pr. with some Observations upon it by Roger Gale, Esq; V.P. R. & Tr. R. S. 1 Dijs Manibus 2 Marci Herennij 3 Proti, vixit annos viginti duos 4 Menses duos, Dies quinque, fecerunt Parentes 5 Marcus Herennius Agricola et 6 Herennia Lacena Filio. 7 Chirographum. Ollaria numero quatuor 8 Cineraria quinquaginta tria intrantibus par- 9 te læva quæ sunt in monumento 10 Titi Flavij Artemidori, quod est Viâ 11 Salariâ in agro Volusi Basilides 12 Ientibus ab Urbe parte sinistra, Do- 13 nationis causa Mancipio accepit 14 Marcus Herennius Agricola de Tito Flavio 15 Artemidoro Sestertio nummo Uno, Libripende Marco 16 Herennio Justo, Antefstatus eft Tiberium 17 Julium Erotem: Inque vacuam 18 Possessionem earum ollarum 19 Et Cinerariorum Titus Flavius Arte- 20 midorus Herennio Agricolæ ire 21 Aut mittere, ossaque inferre per- 22 misit, sacrumque quotiens face- 23 re vellit Herennius Agricola 24 Heredesve ejus permitit, Clavisve: 25 Ejus monumenti potestatem factu- 26 rum se dixit, dolumque malum 27 Huic rei abesse afsuturumque : 28 Se hæc rectè Dari, fieri præstari- 29 que stipulatus est Marcus Herennius 30 Agricola, spepondit Titus Flavius 31 Artemidorus. Actum 18° Kalendas Januarij 32 Caio Calpurnio Flacco, Lucio Trebio 33 Germano C.O.S. E e THIS THIS Marble, lately arrived from Rome, and now reposed in the noble Museum of Sir Hans Sloane, is a most valuable Piece of Antiquity, as exhibiting a compleat Formula of a Chirograph, or Conveyance of one Part of a Burying-Place from one Family to another, but neither of them of any Note, seeming by their Agnomina to have been only Liberti, or descended from such. Agricola indeed is a Roman Name, but those of his Wife Lacena, and his Son Protus, are both Greek. By this Chirograph (Line 7th, 8th, &c.) Herennius Agricola obtains from Titus Flavius Artemidorus, a Right to four Ollaria, which were Niches or Repositories, wherein they placed Cineraria, Urns, or Vessels of Stone, or Earth, containing the Ashes of the Dead, and were here in Number Fifty-three. Fabretti indeed takes the Cineraria to have been Niches for receiving and keeping Urnas lapideas; but Gutherius de Jure Manium (Lib. II. c. 24.) tells us, that Ossuariorum olle à Cinerarijs in eo differunt, quod ha Cineres, illae ossa exciperent. Besides, if they were Niches, or the same as Ollaria, the mentioning of them, as in this Inscription, would be an unintelligible Tautology; and Spon (in his Miscell. Antiq. Erudit. p. 290.) gives us the following Inscription, which seems to put the Matter out of Dispute. Rome, in Operculo Vasis: CINERARIUM GEMELL. III. AELI MARCI ET PHILIPPI. * Inscript. ant. in ædibus pat. p. 16, 17. From both which Authorities it is evident, that the *Cineraria* were *Vasa*, and not Repositories for them. This Monument was situated on the left Side of the *Via Salaria*, which ran to the North-west of Rome from the *Porta Collina*. It stood in the Ground of *Volusius Basilides*, and the Consideration for the Conveyance of it is one *Sesterce*. It is very usual in sepulchral Inscriptions to find the Monument of one Family in the Field of another, the Proprietor of the Monument reserving the Right of that to himself when he sold the Ground; or purchasing so much Ground from the Owner as was sufficient for erecting the Monument. All Sepulchres, when once a Body was interred therein, were esteemed as Religious and Sacred, and were not to follow the Possession of the Field. *Mille pedes in fronte, trecentos cippus in agrum* *Hic dabat, Hæredes monumentum ne sequeretur.* Hor. i. Sat. 8. Line 11. *Basilides* is a Blunder for *Baslidis* in the Genitive Case; and we shall meet with more of them before we get through this Inscription. Line 11, 12. The Words *Donationis causa mancipio accepit M. Herennius Agricola de Tito Flavio Artimedoro IIIS N. I.* are to be read *Sestertio Nummo Uno*, as is evidently demonstrated from the following Inscription, where you have also the rest of the Words of this Form of Conveyance. There is likewise in *Gruter*² an Inscription, where- ² P. DCCCCLVI. 4. in the Words SESTERTIO NUMMO UNO are express'd at length. HOC. MONUMENTVM. SIVE SEPVLCHRVM. CVM. AREA. SVA T. FVIFICIVS. FELIX. DE IVLIA. RVFINA. DONATIONIS CAVSA. MANCIPIO. ACCEPIT II S. N. VNO. QVOD. COMPARAVIT FVFICIAE. AMPLIATAE CONIVGI CARISSIMAE, &c. They were Verba solennia Donationis vel Alienationis causâ qua fiebat per Mancipium. This Mancipation was often a fictitious Sale of a thing, to make the Donation of it valid, as in this Case: And the Mention of one Sesterce given for it, is only Dicis gratia, much like our Form in Leafes for putting into Possession, In consideration of five Shillings in Hand paid. Frequent Examples occur of this Practice, as in the Inscription just now quoted from Fabretti, and others in the same Author; and in Gruter (p. DCCCCLVI. 4. and MLXXXI. 1.) which latter is a compleat Formula of a like sepulchral Conveyance as this, but of a later Time, and not so well preserved; it being executed when the Emperor Trebonianus Gallus, and his Son Volusianus, were Consuls, A.D. 252; and ours probably, as will be shewn hereafter, during the Reign of Septimius Severus. * Inscript. ant. in æd. pat. p. 50. LIBRJ PENDE is cut in our Marble as two distinct Words, as here represented, though in reality it should be but one, and signifies the Person that weighed or counted over the Money to the Seller: It should be read LIBRIPENDE, than whom there could not be a more proper Witness to the Purchase. At the beginning of the Roman State their Money was uncoined, and called Æs rude, or grave, therefore paid by Weight; whence comes the Word Libripens. Under Servius Tullius their sixth King, it begun to be coined, and paid by Tale; but the Person who counted it over to the Receiver, still retained his primitive Appellation. Almost every considerable Town had its Libripendes, Persons of Skill in Money-Affairs, to determine Controversies about the Value of it. An Inscription in Gruter (p. MCXV. I.) is a strong Evidence of this: It was found at Nola in Campania, and shows they had two Libipendes there appointed by publick Authority. T. VEDIVS. T. F. T. VITORIVS. CN. F II. VIRI LIBRIPENDES EX. DD. This Name they had, Quia libram æneam tenebant quà nummos penderent; —Libra mercatus & Ære. Hor. Epist. II. 2. And And hence we have the Words *Stipendium*, *Dispendium*, *Expense*, and the like. In *Apuleius's Metamorph*. Book Xth, is the following Passage: —*Sed ne forte aliquis, inquam, istorum quos offers Aureorum, Nequam vel Adulter reperiatur, in hoc ipso sacculo conditos eos annulo tuo praenota, donec altero die Nummulario praesente comproben- tur*, where this *Nummularius* seems to be the same as the *Libripens*, who was generally called in to count over and examine the Money at Payments for Purchases, though sometimes a private Person or Friend to the Parties might probably perform this Office for them, and be an Evidence, upon Occasion, to the Facts: To which end also they used to exhibit another Witness, as *Herennius Agricola* does here, who was one *Tiberius Julius Erotes*, and sometimes they added five more. The Form and Manner of doing it, was by asking a By-stander, *Licetne antestari?* If he consented, the Demandant touched, or pulled, the lower Part of his Ear, as a Memorandum of what passed; whence *Horace* in his IXth Satire, —*casu venit obvius illi Adversarius, & quo tu turpissime? magna Exclamat voce, & Licet Antestari? ego verò Oppono Auriculam——— By the Law of the XII Tables, if he that was called to testify in this manner, or the *Libripens* refused afterwards to give his Evidence in the Case, they were adjudged infamous. *A. Gel.* l. xv.c.14. Line 18.) EARVMOLLARVM seems to be a Mistake for EORVMOLLARIOVRM. Line 20 to 27.) are Covenants usual upon this Occasion, as may be seen in the like sepulchral Contracts, particularly the before-mentioned in Gruter (p. MLXXXI. i.) and many other Donations and Orders about Monuments in his voluminous Collection; as also in Fabretti, and Reinesius. Line 28.) SE seems to have been a Blunder of the Marmorarius for SIBI, SE DARI being perfectly ungrammatical. But in the Contract aforefaid, given us by Gruter, the Words run, De ea re dolum malum abesse, afuturumque a te, Flarede tuo, & ab his omnibus ad quos ea res pertinebit, hac SIC rectè dari, fieri, praetarique stipulatus est; which inclines me rather to believe, that SE in ours ought likewise to have been SIC. There are many palpable Mistakes in it, as I have before observed, as in Line the 23d VELLIT for VELIT, and CLAVISVE for CLAV.SQVE, in the 24th. The Roman Lawyers tell us, that Stipulatio erat Interrogatio certis, solennibusque verbis concepta; apta, consentaneaque responsis, veluti spondes? spondco. Dabis? Do. This is fully confirmed both in ours, and the Gruterian Contract, (p. MLXXXI. i.) Stipulatus est Marcus Herennius Agricola: Spepondit T. Flavius Artemidorus: In the latter. Stipulatus est Licinius Timotheus: Spepondit Statia Irene. The learned Mr. Mattaire observes from Aulus Gellius (Lib. vii. c. 9.) that ancient Authors used e instead of o, in those Verbs which have a Reduplication [in praterito tempore] as memordi, peposci, spepondi, for momordi, poposci, spopondi, used by more modern Writers; so that SPEPONDIT is no Mistake, but an Archaismus, as may be the Word IEN. IENTIBVS in the 12th Line; though it has not had the good Fortune to have been remarked, as the latter. Iens in the Nominative Case was used more than once by Cicero; and though he declines it, like all other Authors now in being, Euntis, Hunti, &c. yet it might originally have been declined Lentis, Ienti; but as there is now no Authority extant to warrant it, this must pass as meer Conjecture. Line 32.) There are no such Names to be found in any of the Fasti Consulares as C. Calpurnius Flaccus and Lucius Trebius Germanus; so they must have been not the Consules Ordinarij of the Year, but Suffecti. It is very strange that the Romans should so long adhere to this troublesome and uncertain Method of Computation by Years of their Consuls, since they had frequently several Pairs of them in the same Year, especially after they fell under the Imperial Government. Some reckoned by the ordinary Consuls, who came into their Office upon the first of January, about 600 Years after the building of Rome; for 'till that Time the Month of their entring upon that Dignity was not fix'd; and others computed by the Suffecti, who might come in several Months after, as Vacancies happened, or as they were appointed by the Emperor, tho' their Names were seldom inserted in the Fasti. Besides this, it was impossible for any Man to remember how many Years were elapsed from the present Time upwards, to such and such Consuls, without Tables of their Succession, or having Recourse to some other Æra, as the A. V. C. anno Urbis condita, which they do not seem to have much regarded. In Gruter (p. XLVI. 9.) is a long Inscription, mentioning TREBIUS GERMANVS, (though not as Consul,) in the Reign of Septimius Severus; and another (p. CCCLXXXII. 7.) of C. CALPVRENIVS FLACCVS: If these Men were the Consuls here referred to, as they might be, the Age of our Marble will be ascertained within a few Years. The Stone is turned with an Arch at Top; the whole Length of it is 27 Inches and a half; the Breadth at the Bottom of it is ten Inches and a half, and at the Base of the Arch twelve Inches and a quarter, it widening gradually upwards. The Letters are cut in a small indifferent Character; that of the E and the F are remarkable, being always formed in this manner E.f.* It was probably placed over or between the four Niches, or OLLARIA granted to M. Herennius Agricola in this Monument by T. Flavius Artemidorus, in order to declare and assert the Right and Possession of them to the former, and his Family, 'till they were all filled. * As will appear by examining the engraved Copy of it in the plate prefixed to this Transaction, which is taken very exactly to all the Dimensions by a Seal of half the original Size.