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to be enforced, let no one seek to quote or maintain any rule of law save as taken from the above mentioned Institutes or our Digest or Ordinances such as composed and promulgated by us, unless he wish to have to meet the charge of forgery as an adulterator, together with penalties. .

But if, as before said, anything should appear doubtful, this must be by the judges referred to the Imperial Majesty, and the truth be pronounced on the Augustal authority, to which alone it belongs both to make and to interpret laws.

In view of this evidence the opinion that independence of interpretations was granted to the judges in Justinian's age has no weight. Justinian's warning, quoted earlier in this paper, that judges were not bound by precedents set by the decisions of other judges, was apparently read by Holland and Mackenzie from the standpoint of English law in which the precedents of case decisions are all important. It may have been intended to prevent ignorant magistrates from taking the easy method of looking solely to recent decisions of which they would have knowledge, rather than looking further to the principles established in earlier ages, but only to bė found by diligent search in the jurists' writings. This is all the more likely, since at the time Justinian gave this warning the Digest had not yet been compiled. But a few years later he wrote his opinion of the “independence of the judiciary," and clearly enough, as it has just been quoted.

Our study here comes to an end. Judges had rather less freedom of interpretation than formerly. This condition was due ultimately, no doubt, to the absolute power of the emperors which would not permit any sort of judge-made law, and also to the fact that in the decline of civilization judges were more ignorant, and needed very precise rules to guide them. As in earlier times they were to decide on the facts presented to them, but no longer on the law's meaning. That, subject to improvement by the emperor, was already laid down. Precedent, in the form of jurists' opinions quoted in the Digest, together with Emperors' rescripts in the Codex, had become rigidly binding.

The University of North Carolina.



Every reader of Latin literature is aware of the recurring use of the word fortuna in its several meanings. It meets him with widely varying frequency in individual writers of all periods and in all departments, but is especially prominent in poetry, history, and philosophical discussion. Recently with a view of following in detail the main ideas and conceptions associated with the word by the Roman poets, I collected and examined nearly a thousand instances of its use by authors extending in time from the earlier to the later periods. An attempt will be made to give here some of the more important results of the study undertaken. For practical purposes of illustration and discussion the examples have been thrown into three general classes, two of which in turn divide into various shades and extensions of the more general meaning denoted by the whole class.

The word fortuna is an adjective formation from fors (itself derived from ferre), and, so far as a study of the literature shows, fors must have signified from the first the principle or thing which “ brings or carries away,” ? the incalculable element in nature and in human life, what people ordinarily know as chance, hap, accident, luck-whether good or bad. It seems conclusive too that while fors originally meant in particular the uncertain or unknown element in life, and while it also shared with fortuna the meaning of " deity,” 4 it did not connote a capricious forces (expressed by

Corssen, Aussprache, Vokalismus, etc., 1870, 1, p. 434 f.; II, 194; idem, Krit. Beitr. zu lat. Formenlehre, 1863, p. 194f.; Curtius, Griech, Etym., 1879, p. 299 f.; Stolz, Hist. Gram., 1895, p. 488; Walde, Lat. Etym. Worterbh., 8. v.

2 Corssen, Krit. Beitr., I. c., fors und fortuna bedeuten eben das was "sich zuträgt.” Cf. Ennius (Ann., vi, 197 Vahlen), quidve ferat Fors.

* Fowler, Roman Ideas of Deity, 1914, p. 62; idem, Religious Experience of the Roman People, 1911, p. 245; idem, article Fortuna in Hastings' Encyclopaedia of Religion and Ethics, 1914.

*Otto, Pauly-Wiss., R. E., (vii, 12ff.) 8. v. Fortuna: die Dichter freilich brauchen Fors und Fortuna synonym. See Forcellini (Onomasticon) 8. v. Fors. 8 Otto, l. c. Bei dem Wort fortuna (und Fors) und der gleichnamigen

temeritas, and later by fortuna in some of its uses), but simply the idea of luck, chance, etc., which is common to the mind and language of all peoples, whether educated or not to reason on the mysteries of life. At a very early period, no doubt, fortuna came to be regarded as the numen concerned with, the deity presiding over, fors (a conception that fortuna perhaps never wholly lost), not merely the personification of luck, chance, or accident itself. That this distinction survived to a relatively late period is evident from Nonius' words expressing the difference between fortuna and fors? If the examples brought under review in this paper offer. a sufficient basis for conclusion, it was only to a limited degree that fors shared the place of fortuna conceived as a deity, while on the other hand it yielded almost entirely to fortuna in the mere personification of luck or chance. In all its uses fors occurs much less frequently than does fortuna, the total number of examples found within the limits studied being 62 as against 988. Occurrences of both words may have been overlooked, but not many. Not the least interesting feature of the study is the question whether the conception of fortuna in any given instance, as determined by accompanying cult title, or epithet, or by the bare context, is one of good or bad fortune, kind or unkind, helpful or harmful, changeable or constant, etc.

The most important and instructive class of examples, numbering

Göttin dachte die spätere Zeit vornehmlich an dem blinden Zufallursprünglich war das anders. See also ter, igion of Numa, 1906,

P. 50 f.

• See Pacuvius (T. R. F., p. 144 Ribbeck), sunt autem alii philosophi qui contra Fortuna negant ullam miseriam esse, temeritatem esse omnia autumnant.

? Although the examples cited by Nonius (425 M.) do not clearly bear out the distinction, he says: fortuna et fors hoc distant; fors est casus temporalis, fortuna dea est ipsa. Otto (l. c.) thinks that fors shows more than fortuna the character of pure chance; Breccia (Ruggiero's Dizionario Epigrafico, 8. v.) that both signify chance, but fors the uncertain chance which comes through destiny.

* By cult title is meant that by which a deity was actually invoked; by epithet an adjective or descriptive or laudatory phrase, occasionally applied or more or less stereotyped; by eponym an adjective or phrase connecting a deity with a place or person.

335, is that in which Fortuna is represented either as a goddess of Roman veneration, worshipped as the divinity presiding over the unforeseen, the unexpected, the incalculable in the life of individuals and the nation, or as a deified power which personifies chance, determines human success, apportions happiness, and distributes lot, fate, destiny, etc., favorable or unfavorable, as the case may be. The cult of Fortuna,10 who was worshipped in Italy probably from remote antiquity, seems to have reached the Romans through their Latin neighbors.11 The tradition is that it was introduced at Rome by king Servius Tullius,12 popularly believed to be her favorite and confident.13 According to the legend he founded her oldest sanctuary in gratitude for his elevation from a slave's estate to the throne and for his long and prosperous reign,14 e. g. the fanum Fortis Fortunae, outside the city on the right bank of the Tiber, and the aedes Fortunae, in the Forum Boarium, where there was a statue which according to some represented Tullius, according to others the goddess Fortuna 15 As time went on Fortuna was revered under numerous cults, representing functions and relations that left her scarcely more individuality than that of a genius.18 She was invoked


• It is often impossible to decide whether the personified fortuna is conceived by an author also as a deity. Texts vary greatly in the use of capitals in a given passage. Abstracts are often confused with personification and personification with deification as the boundaries between these theoretically distinct provinces are slight and vague." (Axtell, Deification of Abstracts, 1907, p. 67).

o For details see especially Wissowa, Religion und Kultus der Römer (Mueller's Handbuch, v, 4, pp. 256-268); Peter, Roscher's Ausführ. Let., I, 1500-1558; Otto, Pauly-Wiss., R. E., VII, 12 ff.; Preller-Jordan, Rom. Myth., II, 179-195; Daremberg-Saglio, Dict. des Antiqu., II, 1264-77.

11 Wissowa, op. cit., p. 258; Roscher's Lex., 1548. Gilbert (Gesch. und Top. der Stadt Rom, II, 389 f.) sees in her worship the special cult of some tribe which settled at Rome, whence it spread among the entire population.

Otto, op. cit., 16. Plutarch (de fortuna Rom., 5) alone ascribes to Aucus Martius the founding of the first sanctuary. Carter, op. cit., p. 50, maintains that Fortuna was an early goddess of plenty and fertility, hence long antedating the time of Servius Tullius.

18 See Plutarch, op. cit., 10; idem, Quaest. Rom., 36; Ovid, Fasti, vi, 573 3ff.

14 Plutarch, Quaest. Rom., 106; idem, de fortuna Rom., 10; Val. Max., III, 4, 3, in Servio autem Tullio fortuna praecipue vires suas ostendit.

15 See Wissowa, op. cit., p. 256 with authorities. 16 Roscher's Lex., 1521 ff.


in almost all the acts and circumstances of life, to such a degree that sometimes families and individuals,17 places and institutions 18 venerated their own particular Fortuna. Her worship became the most popular in Italy, thence spreading into all parts of the empire.18 Beginning with Augustus the emperors honored her under the title of Fortuna Redux, and she stood in close relation to their cult under the cognomen Augusta. She was recognized as the supreme deity in the crisis of childbirth in the imperial household when the Fortunae Antiates were placed on the throne of Jupiter.20 The golden image of Fortuna kept in the bed chamber of Antoninus Pius was transferred to that of M. Aurelius as a symbol of succession.21 Under the empire the goddess of chance found her way into the Roman armies.22 She appears associated with other important divinities,23 not only in the Fasti, in which she is necessarily named with them, but in numerous dedicatory inscriptions, with Jupiter, Juno, Apollo, Minerva, Diana, Mercury, Mars, Hercules, Venus, Spes, Felicitas, Tutela, etc. And whatever the

17 Cf. Crassiana (C. I, L., VI, 186); Flavia (vi, 187); Torquatiana (VI, 204); Tulliana (VI, 8706).

18 See Ruggiero's Dizionario, 8. v.

19 Pliny's words (N. H., II, 22), toto quippe mundo et omnibus locis omnibusque horis omnium vocibus Fortuna sola invocatur ac nominatur, una cogitatur, sola laudatur, sola arguitur, etc., show what expansion the cult had undergone in the early Empire. The statement finds confirmation in the extraordinary number of dedicatory inscriptions to Fortuna found in Italy and the provinces (See Ruggiero's Dizionario), and in the innumerable coins, statues, and bronzes with representation of the goddess, who is usually found among the penates. (See Roscher's Lex., I, 1503 ff.). The usual attributes are identical with those of Greek Tychea cornucopia as the bestower of abundance, a rudder as the pilot of destiny, wings, wheel, and ball as emblems of fickleness. For the conditions of skepticism and uncertainty which favored the development of Fortuna's cult, see Carter, Religion of Numa, p. 50 f.; also Patch, The Goddess Fortuna in the Divine Comedy, Thirty-Third Annual Report of the Dante Society, Cambridge, Mass., 1914, pp. 15-18.

20 Tac. Ann., xv, 23.
a Jul. Capitol, 111, 5, 6.

* Introduced by Vespasian (Domaszewski, Religion des röm. Heeres, p. 40). Previously there was no official recognition of the importance of chance, which it was the army's duty to overcome. See Axtell, op. cit.,

p. 11.

See Ruggiero's Dizionario.

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