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ORATION ES.
sisters Fortunae were worshipped, and their statues used to bend forward when oracles were given. (Macrob. Sat. i. 23 ; compare Horat. Carm. i. 35. 1 ; Suet. Calig. 57 with Ernesti’s note ; Domit. 15.) At Praeneste the oracles were derived from lots (sortes], consisting of sticks of oak with ancient characters graven upon them. These lots were said to have been found by a noble Praenestine of the name of Numerius Suffucius, inside of a rock which he had cleft open at the command of a dream by which he had been haunted. The lots, when an oracle was to be given, were shaken up together by a boy, after which one was drawn for the person who consulted the goddess. (Cic. de Divin. ii. 41.) The lots of Praeneste were, at least with the vulgar, in great esteem as late as the time of Cicero, while in other places of Latium they were mostly neglected. The Etruscan Caere in early times had likewise its sortes. (Liv. xxi. 62.)
8. An Oracle of Mars was in very ancient times, according to Dionysius (i. 15), at Tiora Matiena, not far from Reate. The manner in which oracles were here given resembled that of the pigeon-oracle at Dodona, for a woodpecker (picus a bird sacred to Mars, was sent by the god, and settled upon a wooden column, whence he pronounced the oracle.
On Roman oracles in general see Niebuhr, Hist, of Rome, vol. i. p. 508, &c.; Hartung, Die Relig. der Romer, vol. i. p. 96, &c. [L. S.J
ORARIUM was a small handkerchief used for wiping the face, and appears to have been employed for much the same purposes as our pocket-handkerchief. It was made of silk or linen. In the Etym. Mag. (p. 804. 27, ed. Sylb.) it is explained by Trpofft&irov sicfjia’ye’tov. Aurelian introduced the practice of giving Oraria to the Roman people to use ad favoreni, which appears to mean for the purpose of waving in the public games in token of applause, as we use our hats and handkerchiefs for the some purpose. (Vopisc. Aurel. 48 ; Casaubon ad loc. ; Augustin. de Civ. Dei, xxii. 8 ; Prudent, riept 2re4>. i. 86 ; Hieron. ad Nepotian. Ep. 2.)
ORATIONES PRINCIPUM. The Ora-tiones Principum are frequently mentioned by the Roman writers under the Empire ; but those which are discussed under this head have reference to legislation only, and were addressed to the Senate. Under the Christian Emperors particularly, these Orationes were only a mode of promulgating Law as constituted by the Emperor ; and we have an instance of this even in the reign of Probus (" Leges, quas Probus ederet, Senatusconsultis pro-priis consecrarent," Prob. Imp. ap. Fiav. Vopisc. 13.) ; and in a passage of the Institutes of Justinian (2. tit. 17. s. 7), the expression "Divi Pertinacis oratione can turn est." Under the earlier Emperors, the Orationes were in the form of propositions for laws addressed to the Senate, who had still in appearance, though not in reality, the legislative power. This second kind of Orationes is often cited by the Classical Jurists, as in the following instance from Gains (ii. 285) — "ex oratione Divi Hadriani Senatusconsultum factum est." — "Oratione Divi Marci . . quam S. C. secutum est." (Paulus, Dig. 23. tit. 2 s. 16.)
Many of the Orationes of the Roman emperors, such as are quoted by the Augustae Historiae Scriptores,are merely communications to the Senate ; such for instance as the announcement of a victory. (Maxim. Duo, ap. J. Capitol. 12, 13.) These
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ORATOR,
Orationes are sometimes called Litterae or Epistolae by the non-juristical writers ; but the juristical writers appear to have generally avoided the use of Epistola in this sense, in order not to confound the Imperial Orationes with the Rescripta which were often called Epistolae. It appears that the Roman jurists used the terms Libellus and Oratio Principis as equivalent, for the passages which have been referred to in support of the opinion that these two words had a different sense (Dig. 5. tit. 3. s. 20, 22), show that Libellus and Oratio Principis are the same, for the Oratio is here spoken of by both names. These Orationes were sometimes pronounced by the Emperor himself, but apparently they were commonly in the form of a written message, which was read by the Quaestors (Dig. 1. tit. 13): in the passage last referred to, these Imperial messages are called indifferently Libri and Epistolae. Suetonius (Titus, 6) says, that Titus sometimes read his father’s orationes in the senate " quaestoris vice." We frequently read of Litterae and Orationes being sent by the Emperor to the Senate. (Tacit. Ann. iii. 52, xvi. 7.) The mode of proceeding upon the receipt of one of these Orationes may be collected from the preamble of the Senatusconsultum contained in tho Digest (5. tit. 3). These Orationes were the foundation of the Senatusconsulta which were framed upon them, and when the Orationes were drawn up with much regard to detail, they contained in fact the provisions of the subsequent Senatusconsultum. This appears from the fact that the Oratio and the Senatusconsultum are often cited indifferently by the classical jurists, as appears from numerous passages. (Dig. 2. tit. 15. s. 8 ; 5. tit. 3. s. 20, 22, 40 ; il. tit. 4. s. 3, &c.) The Oratio is cited as containing the reasons or grounds of the law, and the Senatusconsultum for the particular provisions and words of the law. To the time of Septimius Severus and his son Caracalla, numerous Senatusconsulta, founded on Orationes, are mentioned ; and numerous Orationes of these two Emperors are cited. But after this time they seem to
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have fallen into disuse, and the form of making and promulgating Laws by Imperial constitutiones was the ordinary mode of legislation.
There has been much discussion on the amount of the influence exercised by the Orationes Principum on the legislation of the Senate. But it seems to be tolerably clear, from the evidence that we have, and from the nature of the case, that the Oratio might either recommend generally some legislative measure, and leave the details to the Senate ; or it might contain all the details of the proposed measure, and so be in substance, though not in form, a Senatusconsultum ; and it would become a Senatusconsultum on being adopted by the Senate, which, in the case supposed, would be merely a matter of form. In the case of an Oratio, expressed in more general terms, there is no reason to suppose that the recommendation of the Emperor was less of a command ; it was merely a command in more general terms.
(Zimmern, Geschichte des Rom. Privatreclits, i. p. 79 ; andDirksen, Ueber die Reden der Ront. Kaiser und deren JEinfluss auf die Gesetzgebung, in Rhein. Mm. fur Jurisprudent, vol. ii.) [G. L.]
ORATOR. Cicero remarks (Or. Part. c. 28) that a "certain kind of causes belong to Jus Civile, and that Jus Civile is conversant about Laws (Lex) and Custom (mos) appertaining to things
