)
were the greater part of the actus legitimi and the
5.
were the greater part of the actus legitimi and the
5.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
); Vict.
Tun.
Chron.
(Callip.
et Ardab.
Coss.
(Evagr. Hist. Ecc. iii. 23, 30, 31, 32; Theophan. Post. et Zen. Coss. ); Synod. Vetus, apud Fabric. ;
Chronog. Pp. 220-247, ed. Bonn; Marcellin, Fabr. Bibl. Gr. vol. ix. p. 290, and vol. xii. pp.
Chron. (Paul. et Musc. Cass. ); Vict. Tun. Chron. 393, 394, and 672 ; Tillemont, Mém, vol. xv. pp.
(ab Anast. Aug. Cos. ad Cetheg. Cos. ); Baron. 446, &c. )
(J. C. M)
Annal. Eccles. ad Ann. 496 et 512; Pagi, Critice FLAVIUS. 1. M. FLAVIUS, a Roman, who
in Baron. ; 'Tillemont, Mém. vol. xvi. p. 675, &c. ) in B. C. 328, during the funeral solemnity of his
3. Of CONSTANTINOPLE. He was chosen suc- mother, distributed meat (risceratio) among the
cessor to Proclus, bishop of Constantinople, who people. It was said that this gift was made as
died anno 139 Alex. era, or 446 A. D. At the much to honour his mother as to show his gratitude
time of his election he was a presbyter and keeper towards the people for having acquitted him some
of the sacred vessels in the great church at Con- time before, when he had been accused by the
stantinople. Chrysaphius, the eunuch, a friend aediles of adultery. The people evinced their
and supporter of the monk Eutyches (Eutyches], gratitude in return by electing him at the next
was at this time an influential person at court ; comitia tribune of the people, although he was
and he having a dislike to Flavian, managed to set | absent at the time, and others had offered them-
the emperor Theodosius II. against him, from the selves as candidates. In B. C. 323 he was invested
very commencement of his episcopate. Dioscorus, with the same office a second time, and brought
who had just ascended the episcopal chair of Alex- forward a rogation to chastise the Tusculans for
andria, and was persecuting the kinsmen of his having incited the Veliternians and Privernatans to
predecessor, Cyril (CYRILLUS), was also irritated make war against Rome. But the Tusculans came to
against Flavian, who had befriended the persecuted Rome and averted the punishment by their prayers
parties. Flavian was indeed befriended by Pul- and entreaties. (Liv. viii. 22, 27; Val. Max. ix.
cheria, the emperor's sister ; but her aid was more 10. 1. )
than counterbalanced by the enmity of the empress 2. Flavius, a Lucanian, who lived during
Eudocia [EUDOCIA AUGUSTA), who was influ- the second Punic war, and for a time was at the
enced by Chrysaphius, and was, moreover, irritated head of the Roman party among the Lucanians.
by Flavian's defeating a plan to remove Pulcheria But in B. c. 213 he suddenly turned traitor; and
altogether from the state and the court by having not satisfied with going over to the enemy him-
her ordained a deaconess. Flavian was not, how- self, and making his countrymen follow his er-
ever, daunted. He asseinbled a synod of forty ample, hè resolved to deliver the Roman general,
bishops, and deposed Eutyches from his office of with whom he was connected by hospitality, into
archimandrite or abbot, and excommunicated him, the hands of the Carthaginians. He accordingly
on the ground of his heretical opinions. (Eu- had an interview with Mago, who commanded the
TYCHES ] This bold step irritated the opponents Punic forces in Bruttium, and promised to deliver
of Flavian, and they prevailed on the emperor to up to him the proconsul Tib. Sempronius Gracchus,
summon a synod at Constantinople to try Flavian on condition that the Lucanians should be free, and
on a charge of falsifying the acts of the synod at retain their own constitution. A place was then
which Eutyches was condemned. Flavian was fixed upon where Mago might lay in ambush with
acquitted, but his enemies persuaded Theodosius to an armed force, and whither Flavius promised to
## p. 173 (#189) ############################################
FLAVIUS.
FLAVIUS.
173
a
FLAVIUS
al council at Ephesus
. At this
ch Dioscorus presided, and which
stort as the Conseil of Hobben
arian and the other members
had condemned Eutyches veze
not allowed to voie, since the
ed in question. Their friends
an irregular manner, Entsches
Flavian not only deposed 2nd
shment, but so roughly beata
Egyptian and other attendants
he died three days afterezis
violence probably teaded :
took place in the mind of the
regained her accendaney; the
128, by her orier, hocarably
ntinople
, and buried in the
1postles
. Pope Leo the Great
confessor, and the Conidd el
tyr; and since the time to
n commemorated in the las
mish Church. A letter of
was published by Coteleres
e. vol. i. p. 50); and a crates
ented to the emperor Tito-
pieces, are giren with the
Chalcedon in the Cisnad
and are also inserted in the
viii. p. 833. (Erazt. Ha
nanes, Carsog po 151-
7, Chron. (Protoz. et Astur.
to. (Caillip. e Ans. (
od. Vetzs, apad Fabric;
p. 290, and vol rii in
emont, Méz tel. 17. FP
(J. C. Y]
FLAVIUS, a Roman, she
funeral solemnits of bs
(riceratio) among the
this gitt 525 made us
as to show his gratitude
ing acquitted hic ene
been accused be the
people erined their
ecting him at the best
ple, although te 528
hers had ottered be
C. 323 be was prestado
ond time, and beat
tise the Tuscles to
ns and Priseratans te
tãe Tusculans racked
ment by their pares
? , 27; Tal Marine
lead the proconsul. Flavius now went to Grac- of pracfectus fubrum. Flavius fell in the lattle of
chus, and promising to bring about a reconciliation Philippi, and Brutus lamented over his death.
between him and those who had recently descrted (C. Nep. Att. 8; Cic. ad Att. xii. 17; Pseudo-
the cause of the Romans, he prevailed upon him to Brut. a Cic. i. 6, 17; Plut. Brut. 51. )
accompany him to the spot where Mago was con- 9. C. Flavius, a Roman eques of Asta, a Roman
cealed. When he arrived there Mago rushed colony in Spain. He and other equites who had
forth from bis ambuscade, and Flavius immediately before belonged to the party of Pompey, went over
went over to the Carthaginians. A fierce contest to Caesar in B. C. 45. (Bcll. Ilispan. 26. ) Whether
then ensued, near a place called Campi Vetercs, he is the same as the C. Flavius who is mentioned
in which Tib. Sempronius Gracchus was killed. among the enemies of Cacsar Octavianus, and was
(Liv. xxv. 16 ; Appian, Annib. 35; Val. Max. v. put to death in B. c. 40, after the taking of Perusing
1. Ext $ 6. )
is uncertain. (Appian, B. C. v. 49. ) (L. S. ]
3. Q. Flavius, an augur who, according to CN. FLAVIUS, the son of a freedman, who
Valerius Maximus (viii. 1. $ 7), was accused be is called by Livy Cneius, by Gellius and Pliny
fore the people by the aedile, C. Valerius, perhaps Annius, was born in humble circumstances, but
the same who was curule aedile in B. C. 199. became secretary to App. Claudius Caecus (CLAU-
(Liv. xxxi. 50, xxxii. 50. ) When fourteen tribes Dius, No. 10], and, in consequence of this con-
had already voted against Flavius, and the latter nection, together with his own shrewdness and
again asserted his innocence, Valerius declared eloquence, attained distinguished honours in the
that he did not care whether the man was guilty commonwealth. He is celebrated in the annals of
or innocent provided he secured his punishment; Roman law for having been the first to divulge
and the people, indignant at such conduct, ac- certain technicalities of procedure, which previously
quitted Flavius.
had been kept secret as the exclusive patrimony of
4. Q. FLAVIUS, of Tarquinii, in Etruria, was the pontiffs and the patricians. The relative share
the murderer of the slave Panurgus (previous to which the pontiffs, as such, and the patricians, who
B. c. 77), who belonged to C. Fannius Chaercas, were not pontiffs, possessed in the administration
and was to be trained as an actor, according to a and interpretation of early Roman law, cannot now
contract entered into between Fannius Chaereas be accurately determined. Among the portions of
and Q. Roscius, the celebrated comedian. (Cic. pro law which were kept in the knowledge of a few,
Rosc. Com. 11.
)
were the greater part of the actus legitimi and the
5. L. Flavius, a Roman eqnes, who gave his actiones legis. These appear to have included the
evidence against Verres. in B. c. 70. He probably whole of legal practice, the actus legitimi ordinarily
lived in Sicily, and was engaged in mercantile designating the technicalities of private legal trans
pursuits. (Cic. in Vert. i. 5, v. 59. ) He appears actions, and the actiones legis the ceremonies of
to be the same as the L. Flavius who is mentioned judicial procedure, although this distinction is not
as the procurator, that is, the agent or steward of always observed. To the hidden law of practice
C. Matrinius in Sicily. (Cic. in Verr. v. 7. ) belonged the rules of Kalendar (Fasti), and the
6. C. Flavius, a brother of L. Flavius (No. 5), greater part of the Formulae. The rules of the
and likewise a Roman eques, was recommended Kalendar determined what legal acts were to be
by Cicero, in B. C. 46, to M'. Acilius, praetor of done, and what omitted, on particular days. The
Sicily, as an intimate friend of C. Calpurnius Piso, Formulae related chiefly to technical pleading, or,
the late son-in-law of Cicero. (Ad Fam. xiii. 31. ) in other words, to that part of forensic practice
In some editions of Cicero's oration for Plancius which determined the mode of stating a claim and
(c. 42), we read the name of C. Flavius; but making a defence ; but there were also formulae
Garatoni and Wunder have shown that this is for acts not connected with litigation, as manci-
only an incorrect reading for C. (Alfius) Flavus. patio, sponsio, adoptio, and formulae of this latter
7. L. FLAVIUS was tribune of the people in kind cannot be supposed to have been so little
B. O. 60; and on the suggestion of Pompey, he known to the people at large as forms of pleading,
brought forward an agrarian law, which was chiefly whether oral or written, may have been. Fla-
intended to benefit the veterans of Pompey, who vius made himself master of the rules of the
at the same time very warmly supported the law. Kalendar and the formulae, either by stealing a
It was owing to the favour of Pompey, which he book in which they had been laid down and re-
thus acquired, that in B. C. 59 he was elected duced to order by App. Claudius (Dig. 1. tit. 2. s. 2.
praetor for the year following. His friendship $ 7), or by frequently consulting those who were
with Cicero seems likewise to have arisen from his able to give advice upon the subject, by noting
connection with Pompey; and Cicero strongly re- down their answers, and by applying his sagacious
commended him to his brother Quintus, who was intellect to discover the system from which such de-
praetor in Asia, where some bequest had been tached answers proceeded. Pliny (H. N. xxxiii. 1)
left to Flavius. Pompey bad entrusted to his care says that Flavius pursued the latter course, at the
young Tigranes of Armenia, but P. Clodius after recommendation of App. Claudius (ejus hortatu
wards got possession of him, and Flavins tried in exceperat cos dies, consultando assidue sayaci in-
vain to recover the young prince. Cicero expressly genio). He thus picked the brains of the jurists
mentions that Flavius was also a friend of Caesar, he consulted (ab ipsis cautis jurisconsultis eorum
and hence it is not improbable that he may be the sapientiam compilarit, Cic. pro Mur. 11). The
same as the Flavius whom Caesar, in B. C. 49, en. expressions of some writers who mention the pub-
trusted with one legion and the province of Sicily. lication of Flavius seem to confine his discoveries
(Cic. ad A11, i. 18, 19, ii. 1, s. 1; ad Q. Frat. i. to the rules of the Kalendar; but there are other
2; Ascon. in Cic. Milon. p. 47, ed. Orelli; Dion passages which make it likely that he published
Cass. xxxvii. 50, xxxviii. 50. )
other rules connected with the legis actiones, espe-
8. C. Flavius, a friend of M. Junius Brutas, cially the formulae of pleading. (Compare Liv.
whom he accoinpanied to Philippi in the capacity) ix. 46 ; Macrob. Sut. i. 15 ; Cic. de Fin. iv. 27,
who lived during
or a time was at tie
Pong the Locanias
turned traitor;
to the enemr
men follow his er
the Roman geocat
by hospitalır, isu
He arting
cho commanded
promised ta defter
mapronins Geoches,
should be fnt, ad
A place rasta
zr in arbis
Flavius precis
18.
## p. 174 (#190) ############################################
174
FLAVIUS.
FLAVUS.
ad At. vi. I, de Orut. i. 41. ) The collection of a group of chieftains, and demanded to speak with
legal rules thus published by Flavius was called his brother, a distinguisher officer in the Roman
the Jus Flavianum; and, next to the Jus Civile army. Flavius had lost an eye in the service of
Pupirianum, it was the earliest private work in Rome. The brothers, after their followers had
Roman law. The patrician jurists were grieved fallen back, conversed across the stream. On
and indignant when they saw that their advice learning the cause of his brother's disfigurement,
and intervention were rendered unnecessary by Arminius asked what had been its compensation.
this publication. In order to regain their lost powers, Flavius replied, increased pay, and the usual re
they framed new rules relating to the legis actiones, / wards of valour. Arminius derided his chains and
and, in order to keep the new rules secret, invented chaples, as the gear of a slave ; and now began
a cypher (notae) to preserve them in. (Cic. pro between them an angry colloquy, which, but for
Mur. 11, where by notae some commentators under the stream between, would have passed into blows.
stand, not a secret notation or cypher, but the new (Tac. Ann. ii. 9. ) A descendant of Flavius, named
formulae invented by the jurists). These new Italicus, became in A. D. 47 chieftain of the Che
rules in another century underwent the same fate ruscans. (Ibid. xi. 16. )
(W. B. D. )
with their predecessors, for in the year B. C. 200 FLAVIUS AVIA'NUS. (A vianus. )
they were made known to the people at large by FLAVIUS CALVI'SIUS. (Calvisius. ]
Sex. Aelius Catus, in a publication termed Jus FLAVIUS CAPER. (Caper. )
Aelianum. Flavius was not content with divulging FLAVIUS CLEMENS. (CLEMENS. )
the legal mysteries through the medium of a book, FLA'VIUS DEXTER, a Spaniard, the son of
but, according to Livy, he exposed the Fasti to Pacian. He was praetorian praefect, and a devoted
view on a whited tablet in the Forum. (Fastos advocate of Christianity. He was a contemporary
circa Forum in albo proposuit, ix. 46. ) It is not of St. Jerom, who dedicated to him his book De
unlikely, from a comparison of the narrative of Viris Illustrirus. He was said, according to Jerom,
Livy with the accounts of other writers, that the to have written a book entitled Omnimoda His-
latter exposure took place after he had been pro- toria, but Jerom bad not seen it. This book had
moted to the office of curule aedile, in consequence been long considered as lost; when, in the end of the
of the popularity he had acquired by the previous sixteenth century, a rumour was spread of its dis-
publication of his book. The first fruits of his covery, and a work under that title was published,
popularity were his appointments to the offices of first at Saragossa, A. D. 1619, and has been since
triumvir nocturnus and triumvir coloniae deducen- repeatedly reprinted, but it is now generally re
dae ; and, in order to qualify himself for the ac- garded as a forgery. (Hieron. De Viris IUus. , Praef.
ceptance of such honours, he ceased to practise his and c. 132, apud Fabric. Bibl. Eccles. , with the
former business of scribe. He was afterwards notes of the editor ; Cave, Hist. Lit. vol. i. p. 283,
p
made a senator by App. Claudius, in spite of his ed. Ox. 1740–43. )
(J. C. M. ]
ignominious birth, and was elected curule aedile in FLAVIUS FELIX. (Felix. )
the year B. C. 303. His election was carried by FLAVIUS HERACLEO. (HERACLEO. )
the forensis factio, which had been created and had FLAVIUS JOSEPHUS. [JOSEPHUS. )
gained strength during the censorship of App. FLAVIUS MA'LLIUS THEODOʻRUS.
Claudius, and now became a distinct party in the [THEODORUS]
state, in opposition to those who called themselves FLAVIUS MATERNIA'NUS. (MATER-
the fautores bonorum. From Licinius Macer, NIANUS. ]
quoted by Livy, it would appear that he had FLAVIUS PHILO'STRATUS. (Phila
been previously tribune, whereas Pliny (H. N. STRATUS. )
xxxü. 1) states that the tribunate of the plebs FLAVIUS PRISCUS. [PRISCUS. )
was conferred upon him in addition to the aedile- FLAVIUS SABI'NUS. (SABINUS. ]
ship.
(Evagr. Hist. Ecc. iii. 23, 30, 31, 32; Theophan. Post. et Zen. Coss. ); Synod. Vetus, apud Fabric. ;
Chronog. Pp. 220-247, ed. Bonn; Marcellin, Fabr. Bibl. Gr. vol. ix. p. 290, and vol. xii. pp.
Chron. (Paul. et Musc. Cass. ); Vict. Tun. Chron. 393, 394, and 672 ; Tillemont, Mém, vol. xv. pp.
(ab Anast. Aug. Cos. ad Cetheg. Cos. ); Baron. 446, &c. )
(J. C. M)
Annal. Eccles. ad Ann. 496 et 512; Pagi, Critice FLAVIUS. 1. M. FLAVIUS, a Roman, who
in Baron. ; 'Tillemont, Mém. vol. xvi. p. 675, &c. ) in B. C. 328, during the funeral solemnity of his
3. Of CONSTANTINOPLE. He was chosen suc- mother, distributed meat (risceratio) among the
cessor to Proclus, bishop of Constantinople, who people. It was said that this gift was made as
died anno 139 Alex. era, or 446 A. D. At the much to honour his mother as to show his gratitude
time of his election he was a presbyter and keeper towards the people for having acquitted him some
of the sacred vessels in the great church at Con- time before, when he had been accused by the
stantinople. Chrysaphius, the eunuch, a friend aediles of adultery. The people evinced their
and supporter of the monk Eutyches (Eutyches], gratitude in return by electing him at the next
was at this time an influential person at court ; comitia tribune of the people, although he was
and he having a dislike to Flavian, managed to set | absent at the time, and others had offered them-
the emperor Theodosius II. against him, from the selves as candidates. In B. C. 323 he was invested
very commencement of his episcopate. Dioscorus, with the same office a second time, and brought
who had just ascended the episcopal chair of Alex- forward a rogation to chastise the Tusculans for
andria, and was persecuting the kinsmen of his having incited the Veliternians and Privernatans to
predecessor, Cyril (CYRILLUS), was also irritated make war against Rome. But the Tusculans came to
against Flavian, who had befriended the persecuted Rome and averted the punishment by their prayers
parties. Flavian was indeed befriended by Pul- and entreaties. (Liv. viii. 22, 27; Val. Max. ix.
cheria, the emperor's sister ; but her aid was more 10. 1. )
than counterbalanced by the enmity of the empress 2. Flavius, a Lucanian, who lived during
Eudocia [EUDOCIA AUGUSTA), who was influ- the second Punic war, and for a time was at the
enced by Chrysaphius, and was, moreover, irritated head of the Roman party among the Lucanians.
by Flavian's defeating a plan to remove Pulcheria But in B. c. 213 he suddenly turned traitor; and
altogether from the state and the court by having not satisfied with going over to the enemy him-
her ordained a deaconess. Flavian was not, how- self, and making his countrymen follow his er-
ever, daunted. He asseinbled a synod of forty ample, hè resolved to deliver the Roman general,
bishops, and deposed Eutyches from his office of with whom he was connected by hospitality, into
archimandrite or abbot, and excommunicated him, the hands of the Carthaginians. He accordingly
on the ground of his heretical opinions. (Eu- had an interview with Mago, who commanded the
TYCHES ] This bold step irritated the opponents Punic forces in Bruttium, and promised to deliver
of Flavian, and they prevailed on the emperor to up to him the proconsul Tib. Sempronius Gracchus,
summon a synod at Constantinople to try Flavian on condition that the Lucanians should be free, and
on a charge of falsifying the acts of the synod at retain their own constitution. A place was then
which Eutyches was condemned. Flavian was fixed upon where Mago might lay in ambush with
acquitted, but his enemies persuaded Theodosius to an armed force, and whither Flavius promised to
## p. 173 (#189) ############################################
FLAVIUS.
FLAVIUS.
173
a
FLAVIUS
al council at Ephesus
. At this
ch Dioscorus presided, and which
stort as the Conseil of Hobben
arian and the other members
had condemned Eutyches veze
not allowed to voie, since the
ed in question. Their friends
an irregular manner, Entsches
Flavian not only deposed 2nd
shment, but so roughly beata
Egyptian and other attendants
he died three days afterezis
violence probably teaded :
took place in the mind of the
regained her accendaney; the
128, by her orier, hocarably
ntinople
, and buried in the
1postles
. Pope Leo the Great
confessor, and the Conidd el
tyr; and since the time to
n commemorated in the las
mish Church. A letter of
was published by Coteleres
e. vol. i. p. 50); and a crates
ented to the emperor Tito-
pieces, are giren with the
Chalcedon in the Cisnad
and are also inserted in the
viii. p. 833. (Erazt. Ha
nanes, Carsog po 151-
7, Chron. (Protoz. et Astur.
to. (Caillip. e Ans. (
od. Vetzs, apad Fabric;
p. 290, and vol rii in
emont, Méz tel. 17. FP
(J. C. Y]
FLAVIUS, a Roman, she
funeral solemnits of bs
(riceratio) among the
this gitt 525 made us
as to show his gratitude
ing acquitted hic ene
been accused be the
people erined their
ecting him at the best
ple, although te 528
hers had ottered be
C. 323 be was prestado
ond time, and beat
tise the Tuscles to
ns and Priseratans te
tãe Tusculans racked
ment by their pares
? , 27; Tal Marine
lead the proconsul. Flavius now went to Grac- of pracfectus fubrum. Flavius fell in the lattle of
chus, and promising to bring about a reconciliation Philippi, and Brutus lamented over his death.
between him and those who had recently descrted (C. Nep. Att. 8; Cic. ad Att. xii. 17; Pseudo-
the cause of the Romans, he prevailed upon him to Brut. a Cic. i. 6, 17; Plut. Brut. 51. )
accompany him to the spot where Mago was con- 9. C. Flavius, a Roman eques of Asta, a Roman
cealed. When he arrived there Mago rushed colony in Spain. He and other equites who had
forth from bis ambuscade, and Flavius immediately before belonged to the party of Pompey, went over
went over to the Carthaginians. A fierce contest to Caesar in B. C. 45. (Bcll. Ilispan. 26. ) Whether
then ensued, near a place called Campi Vetercs, he is the same as the C. Flavius who is mentioned
in which Tib. Sempronius Gracchus was killed. among the enemies of Cacsar Octavianus, and was
(Liv. xxv. 16 ; Appian, Annib. 35; Val. Max. v. put to death in B. c. 40, after the taking of Perusing
1. Ext $ 6. )
is uncertain. (Appian, B. C. v. 49. ) (L. S. ]
3. Q. Flavius, an augur who, according to CN. FLAVIUS, the son of a freedman, who
Valerius Maximus (viii. 1. $ 7), was accused be is called by Livy Cneius, by Gellius and Pliny
fore the people by the aedile, C. Valerius, perhaps Annius, was born in humble circumstances, but
the same who was curule aedile in B. C. 199. became secretary to App. Claudius Caecus (CLAU-
(Liv. xxxi. 50, xxxii. 50. ) When fourteen tribes Dius, No. 10], and, in consequence of this con-
had already voted against Flavius, and the latter nection, together with his own shrewdness and
again asserted his innocence, Valerius declared eloquence, attained distinguished honours in the
that he did not care whether the man was guilty commonwealth. He is celebrated in the annals of
or innocent provided he secured his punishment; Roman law for having been the first to divulge
and the people, indignant at such conduct, ac- certain technicalities of procedure, which previously
quitted Flavius.
had been kept secret as the exclusive patrimony of
4. Q. FLAVIUS, of Tarquinii, in Etruria, was the pontiffs and the patricians. The relative share
the murderer of the slave Panurgus (previous to which the pontiffs, as such, and the patricians, who
B. c. 77), who belonged to C. Fannius Chaercas, were not pontiffs, possessed in the administration
and was to be trained as an actor, according to a and interpretation of early Roman law, cannot now
contract entered into between Fannius Chaereas be accurately determined. Among the portions of
and Q. Roscius, the celebrated comedian. (Cic. pro law which were kept in the knowledge of a few,
Rosc. Com. 11.
)
were the greater part of the actus legitimi and the
5. L. Flavius, a Roman eqnes, who gave his actiones legis. These appear to have included the
evidence against Verres. in B. c. 70. He probably whole of legal practice, the actus legitimi ordinarily
lived in Sicily, and was engaged in mercantile designating the technicalities of private legal trans
pursuits. (Cic. in Vert. i. 5, v. 59. ) He appears actions, and the actiones legis the ceremonies of
to be the same as the L. Flavius who is mentioned judicial procedure, although this distinction is not
as the procurator, that is, the agent or steward of always observed. To the hidden law of practice
C. Matrinius in Sicily. (Cic. in Verr. v. 7. ) belonged the rules of Kalendar (Fasti), and the
6. C. Flavius, a brother of L. Flavius (No. 5), greater part of the Formulae. The rules of the
and likewise a Roman eques, was recommended Kalendar determined what legal acts were to be
by Cicero, in B. C. 46, to M'. Acilius, praetor of done, and what omitted, on particular days. The
Sicily, as an intimate friend of C. Calpurnius Piso, Formulae related chiefly to technical pleading, or,
the late son-in-law of Cicero. (Ad Fam. xiii. 31. ) in other words, to that part of forensic practice
In some editions of Cicero's oration for Plancius which determined the mode of stating a claim and
(c. 42), we read the name of C. Flavius; but making a defence ; but there were also formulae
Garatoni and Wunder have shown that this is for acts not connected with litigation, as manci-
only an incorrect reading for C. (Alfius) Flavus. patio, sponsio, adoptio, and formulae of this latter
7. L. FLAVIUS was tribune of the people in kind cannot be supposed to have been so little
B. O. 60; and on the suggestion of Pompey, he known to the people at large as forms of pleading,
brought forward an agrarian law, which was chiefly whether oral or written, may have been. Fla-
intended to benefit the veterans of Pompey, who vius made himself master of the rules of the
at the same time very warmly supported the law. Kalendar and the formulae, either by stealing a
It was owing to the favour of Pompey, which he book in which they had been laid down and re-
thus acquired, that in B. C. 59 he was elected duced to order by App. Claudius (Dig. 1. tit. 2. s. 2.
praetor for the year following. His friendship $ 7), or by frequently consulting those who were
with Cicero seems likewise to have arisen from his able to give advice upon the subject, by noting
connection with Pompey; and Cicero strongly re- down their answers, and by applying his sagacious
commended him to his brother Quintus, who was intellect to discover the system from which such de-
praetor in Asia, where some bequest had been tached answers proceeded. Pliny (H. N. xxxiii. 1)
left to Flavius. Pompey bad entrusted to his care says that Flavius pursued the latter course, at the
young Tigranes of Armenia, but P. Clodius after recommendation of App. Claudius (ejus hortatu
wards got possession of him, and Flavins tried in exceperat cos dies, consultando assidue sayaci in-
vain to recover the young prince. Cicero expressly genio). He thus picked the brains of the jurists
mentions that Flavius was also a friend of Caesar, he consulted (ab ipsis cautis jurisconsultis eorum
and hence it is not improbable that he may be the sapientiam compilarit, Cic. pro Mur. 11). The
same as the Flavius whom Caesar, in B. C. 49, en. expressions of some writers who mention the pub-
trusted with one legion and the province of Sicily. lication of Flavius seem to confine his discoveries
(Cic. ad A11, i. 18, 19, ii. 1, s. 1; ad Q. Frat. i. to the rules of the Kalendar; but there are other
2; Ascon. in Cic. Milon. p. 47, ed. Orelli; Dion passages which make it likely that he published
Cass. xxxvii. 50, xxxviii. 50. )
other rules connected with the legis actiones, espe-
8. C. Flavius, a friend of M. Junius Brutas, cially the formulae of pleading. (Compare Liv.
whom he accoinpanied to Philippi in the capacity) ix. 46 ; Macrob. Sut. i. 15 ; Cic. de Fin. iv. 27,
who lived during
or a time was at tie
Pong the Locanias
turned traitor;
to the enemr
men follow his er
the Roman geocat
by hospitalır, isu
He arting
cho commanded
promised ta defter
mapronins Geoches,
should be fnt, ad
A place rasta
zr in arbis
Flavius precis
18.
## p. 174 (#190) ############################################
174
FLAVIUS.
FLAVUS.
ad At. vi. I, de Orut. i. 41. ) The collection of a group of chieftains, and demanded to speak with
legal rules thus published by Flavius was called his brother, a distinguisher officer in the Roman
the Jus Flavianum; and, next to the Jus Civile army. Flavius had lost an eye in the service of
Pupirianum, it was the earliest private work in Rome. The brothers, after their followers had
Roman law. The patrician jurists were grieved fallen back, conversed across the stream. On
and indignant when they saw that their advice learning the cause of his brother's disfigurement,
and intervention were rendered unnecessary by Arminius asked what had been its compensation.
this publication. In order to regain their lost powers, Flavius replied, increased pay, and the usual re
they framed new rules relating to the legis actiones, / wards of valour. Arminius derided his chains and
and, in order to keep the new rules secret, invented chaples, as the gear of a slave ; and now began
a cypher (notae) to preserve them in. (Cic. pro between them an angry colloquy, which, but for
Mur. 11, where by notae some commentators under the stream between, would have passed into blows.
stand, not a secret notation or cypher, but the new (Tac. Ann. ii. 9. ) A descendant of Flavius, named
formulae invented by the jurists). These new Italicus, became in A. D. 47 chieftain of the Che
rules in another century underwent the same fate ruscans. (Ibid. xi. 16. )
(W. B. D. )
with their predecessors, for in the year B. C. 200 FLAVIUS AVIA'NUS. (A vianus. )
they were made known to the people at large by FLAVIUS CALVI'SIUS. (Calvisius. ]
Sex. Aelius Catus, in a publication termed Jus FLAVIUS CAPER. (Caper. )
Aelianum. Flavius was not content with divulging FLAVIUS CLEMENS. (CLEMENS. )
the legal mysteries through the medium of a book, FLA'VIUS DEXTER, a Spaniard, the son of
but, according to Livy, he exposed the Fasti to Pacian. He was praetorian praefect, and a devoted
view on a whited tablet in the Forum. (Fastos advocate of Christianity. He was a contemporary
circa Forum in albo proposuit, ix. 46. ) It is not of St. Jerom, who dedicated to him his book De
unlikely, from a comparison of the narrative of Viris Illustrirus. He was said, according to Jerom,
Livy with the accounts of other writers, that the to have written a book entitled Omnimoda His-
latter exposure took place after he had been pro- toria, but Jerom bad not seen it. This book had
moted to the office of curule aedile, in consequence been long considered as lost; when, in the end of the
of the popularity he had acquired by the previous sixteenth century, a rumour was spread of its dis-
publication of his book. The first fruits of his covery, and a work under that title was published,
popularity were his appointments to the offices of first at Saragossa, A. D. 1619, and has been since
triumvir nocturnus and triumvir coloniae deducen- repeatedly reprinted, but it is now generally re
dae ; and, in order to qualify himself for the ac- garded as a forgery. (Hieron. De Viris IUus. , Praef.
ceptance of such honours, he ceased to practise his and c. 132, apud Fabric. Bibl. Eccles. , with the
former business of scribe. He was afterwards notes of the editor ; Cave, Hist. Lit. vol. i. p. 283,
p
made a senator by App. Claudius, in spite of his ed. Ox. 1740–43. )
(J. C. M. ]
ignominious birth, and was elected curule aedile in FLAVIUS FELIX. (Felix. )
the year B. C. 303. His election was carried by FLAVIUS HERACLEO. (HERACLEO. )
the forensis factio, which had been created and had FLAVIUS JOSEPHUS. [JOSEPHUS. )
gained strength during the censorship of App. FLAVIUS MA'LLIUS THEODOʻRUS.
Claudius, and now became a distinct party in the [THEODORUS]
state, in opposition to those who called themselves FLAVIUS MATERNIA'NUS. (MATER-
the fautores bonorum. From Licinius Macer, NIANUS. ]
quoted by Livy, it would appear that he had FLAVIUS PHILO'STRATUS. (Phila
been previously tribune, whereas Pliny (H. N. STRATUS. )
xxxü. 1) states that the tribunate of the plebs FLAVIUS PRISCUS. [PRISCUS. )
was conferred upon him in addition to the aedile- FLAVIUS SABI'NUS. (SABINUS. ]
ship.
