ioo 6n the UTILITY of defining 



u fecerunt *." — " Prifco inflituto rebus divinis opera datur.- 

 " Cum aliquid commendandum eft, prece ; cum folvendum 

 " gratulatione ; cum expofcendum, votof." The vow then a- 

 mong the Romans was a bribe, the acceptance of which was 

 deemed obligatory upon the party who took it. As means lead- 

 ing to an end, it neceffarily preceded the claim r and was the 

 foundation on which it was built. 



The fame notions refpecling vows prevailed among the 

 Greeks, as well as the Romans. In the prayer of the prieft 

 who had been affronted by Agamemnon, the Grecian bard 

 makes him (late his claim, to be heard in the mod exprefs. 

 terms. 



si <xc7t 7oi yaQiivr* et; vyjov ept'^tx., 



H a dii tots rot xcltu irtovoc, i^r)gC iKr,a. 



Tuvguv %}? cciytoy, rot)£ pot zoqr/vov sO.dtvg £., 



Flagitare differs from pqfli/Iare, and agrees with pofcere,, 

 in fuppofing the juftnefs of the privilege a (Turned by the peti- 

 tioner, of judging as to his own claim. Its power, however, 

 is more extenfive than that of pofcere, becaufe to the idea of be- 

 ing the judge of the validity of his right, it fuperadds that of 

 effecting his purpofe by fuch means as he reckons fit for doing 

 fo. In thofe means, at the fame time, there may be a confi- 

 derable variety. The petitioner may either diftrefs the perfon 

 requefted with inceffant importunity, or he may threaten ven- 

 geance, if the claim which he feels himfelf entitled to enforce 

 is not fulfilled. That flagitare has more power than rogare and 

 pofiidare, appears from the two following fentences : " Metuo 

 " ne te forte flagitent, ego autem mandavi ut rogarent." — " Ta- 

 " metfi caufa pojiu I at, tamen quia pqftulat, nonflagitat, ego prae- 

 " teribo§." 



In 



■ 



* Petron. Arbit. 88. 8. % IAIAA. a. 39. 



I Val. Max. 1. 1. 1. \ Cic. Ep. Fam.98. et pro Quint. 13. 



