Chapter XIV: Act 1874: ); and in valuing land whether for rates or taxes the value of (1)

the sporting rights is now an important and often the chief item of
value in beneficial occupation of the land. Where the sporting rights
are the landlord's, the rate thereon is paid in the first instance by
the tenant and deducted from his rent. Where the sporting right is
reserved and let, the rating authority may rate either the landlord or
the sporting tenant as occupier of the right. The Ground Game Acts
have not affected the liability to assessment of concurrent rights of
killing hares and rabbits reserved by a landlord, or of a concurrent
right granted by the occupier (Ryde (2nd ed.), 385-387). The ownership
of sporting rights severed from the ownership or occupation of the
land over which they are exercisable is not an interest in land giving
the electoral franchise or a claim for compensation if the land is
taken under the Lands Clauses Consolidation Acts.

_Scotland_.--By the law of Scotland all men have right and privilege
of game on their own estates as a real right incident thereto, which
does not pass by an agricultural lease except by express words, or in
the case of ground game by the act of 1880. The landlord is liable to
the tenant for damage done to the surface of the lands in exercise of
his right to the game and also for extraordinary damage by
over-preserving or over-stocking. Under an act of 1877 he was liable
for excessive damage done by rabbits or game reserved to or retained
under a lease granted after the 1st of January 1878, or reserved by
presumption of common law; this act from 1909 onwards is superseded by
the provisions of the Agricultural Holdings Act 1906. Night poaching
is punished by the same act as in England, and day poaching by an act
of 1832 and the act of 1882. Until 1887 poaching by night under arms
was a capital offence. The definition of game in Scotland for purposes
of night poaching is the same as in England. The provisions of the act
of 1832 as to game trespass by day apply also to deer, roe, rabbits,
woodcock, snipe, rails and wild duck; but in other respects closely
resemble those of the English act of 1831.

Offences against the game laws are not triable by justices of the
peace, but only in the sheriff court. The close time for game birds in
Scotland is the same as in England, so far as dealing in them is
concerned, but differs slightly as to killing. Black game may not be
killed between the 10th of December and the 25th of August, nor
ptarmigan between the 10th of December and the 20th of August. There
is no close time for red, fallow or roe deer, or rabbits. By an old
Scots act of 1621 (omitted from the recent wholesale repeal of such
acts) no one may lawfully kill game in Scotland who does not own a
plough-gate of land except on the land of a person so qualified.

_Ireland_.--The common law as to game is the same for Ireland as for
England. The game laws of Ireland are contained partly in acts passed
prior to the union (1698, 1707, 1787 and 1797), partly in acts limited
to Ireland, and as to the rest in acts common to the whole United
Kingdom.

Under the act of 1698 no one may kill game in Ireland who has not a
freehold worth L40 a year or L1000 net personality, and elaborate
provisions are made by that and later acts against the keeping of
sporting dogs by persons not qualified by estate to kill game. British
officers and soldiers in Ireland appear to have been much addicted to
poaching, and their activities were restrained by enactments of 1698
and 1707.

Night poaching in Ireland is dealt with by an act of 1826. Trespass on
lands in pursuit of game to which the landlord or lessor has by
reservation exclusive right is summarily punishable under an act of
1864, which includes in the definition of game, woodcock, snipe,
quails, landrails, wild duck, widgeon and teal. Under the Land Act
1881 the landlord of a statutory holding may at the commencement of
the term subject to the Ground Game Acts retain and exercise the
exclusive right of taking "game" as above defined.

A game licence is not required for taking or killing rabbits. But in
other respects the law as to game licences, dog licences and licences
to deal in game is the same as in Great Britain.

_British Possessions Abroad_.--The English game laws have not been
carried to any colony as part of the personal law of the colonists,
nor have they been extended to them by imperial or colonial
legislation. But the legislatures of many colonies have passed acts to
preserve or protect native or imported wild animals, and in some of
these statutes the protected animals are described as game. These
statutes are free from feudal prepossessions as to sporting rights,
and are framed rather on the lines of the Wild Birds Protection Acts
than on the English game laws, but in some possessions, e.g. Quebec,
sporting leases by the crown are recognized. The acts since 1895 are
indicated in the annual summary of colonial legislation furnished in
the _Journal_ of the Society of Comparative Legislation.

See also Oke's _Game Laws_, 4th ed., by Willis Bund (1897); Warry,
_Game Laws of England_ (1897); Marchant and Watkins, _Wild Birds
Protection Act_ (1897). (W. F. C.)

GAMES, CLASSICAL. 1. _Public Games_.--The public games of Greece ([Greek: agones]) and Rome (_Ludi_) consisted in athletic contests and spectacles of various kinds, generally connected with and forming part of a religious observance. Probably no institution exercised a greater influence in moulding the national character, and producing that unique type of physical and intellectual beauty which we see reflected in Greek art and literature, than the public contests of Greece (see ATHLETE; ATHLETIC SPORTS). For them each youth was trained in the gymnasium, they were the central mart whither poet, artist and merchant each brought his wares, and the common ground of union for every member of the Hellenic race. It is to Greece, then, that we must look for the earliest form and the fullest development of ancient games. The shows of the Roman circus and amphitheatre were at best a shadow, and in the later days of the empire a travesty, of the Olympia and Pythia, and require only a cursory notice.

Greek.

The earliest games of which we have any record are those at the funeral of Patroclus, which form the subject of the twenty-third Iliad. They are noteworthy as showing that Greek games were in their origin clearly connected with religion; either, as here, a part of the funeral rites, or else instituted in honour of a god, or as a thank-offering for a victory gained or a calamity averted, or in expiation of some crime. Each of the great contests was held near some shrine or sacred place and is associated with some deity or mythical hero. It was not before the 4th century that this honour was paid to a living man (see Plutarch, _Lysander_, 18). The games of the _Iliad_ and those of the _Odyssey_ at the court of Alcinous are also of interest as showing at what an early date the distinctive forms of Greek athletics--boxing, wrestling, putting the weight, the foot and the chariot race--were determined.

The _Olympian_ games were the earliest, and to the last they remained the most celebrated of the four national festivals. Olympia was a naturally enclosed spot in the rich plain of Elis, bounded on the N. by the rocky heights of Cronion, and on the S. and W. by the Alpheus and its tributary the Cladeus. There was the grove of Altis, in which were ranged the statues of the victorious athletes, and the temple of Olympian Zeus with the chryselephantine statue of the god, the masterpiece of Pheidias. There Heracles (so ran the legend which Pindar has introduced in one of his finest odes), when he had conquered Elis and slain its king Augeas, consecrated a temenos and instituted games in honour of his victory. A later legend, which probably embodies historical fact, tells how, when Greece was torn by dissensions and ravaged by pestilence, Iphitus inquired of the oracle for help, and was bidden restore the games which had fallen into desuetude; and there was in the time of Pausanias, suspended in the temple of Hera at Olympia, a bronze disk whereon were inscribed, with the regulations of the games, the names of Iphitus and Lycurgus. From this we may safely infer that the games were a primitive observance of the Eleians and Pisans, and first acquired their celebrity from the powerful concurrence of Sparta. The sacred armistice, or cessation of all hostilities, during the month in which the games were held, is also credited to Iphitus.

In 776 B.C. the Eleians engraved the name of their countryman Coroebus as victor in the foot race, and thenceforward we have an almost unbroken list of the victors in each succeeding Olympiad or fourth recurrent year. For the next fifty years no names occur but those of Eleians or their next neighbours. After 720 B.C. we find Corinthians and Megareans, and later still Athenians and extra-Peloponnesians. Thus what at first was nothing more than a village feast became a bond of union for all the branches of the Doric race, and grew in time to be the high festival to which every Greek gathered, from the mountain fastnesses of Thessaly to the remotest colonies of Cyrene and Marseilles. It survived even the extinction of Greek liberty, and had nearly completed twelve centuries when it was abolished by the decree of the Christian emperor Theodosius, in the tenth year of his reign. The last Olympian victor was a Romanized Armenian named Varastad.

Let us attempt to call up the scene which Olympia in its palmy days must have presented as the great festival approached. Heralds had proclaimed throughout Greece the "truce of God." So religiously was this observed that the Spartans chose to risk the liberties of Greece, when the Persians were at the gates of Pylae, rather than march during the holy days. Those white tents which stand out against the sombre grey of the olive groves belong to the Hellanodicae, or ten judges of the games, chosen one for each tribe of the Eleians. They have been here already ten months, receiving instruction in their duties. All, too, or most of the athletes must have arrived, for they have been undergoing the indispensable training in the gymnasium of the Altis. But along the "holy road" from the town of Elis there are crowding a motley throng. Conspicuous in the long train of pleasure-seekers are the [Greek: theoroi] or sacred deputies, clad in their robes of office, and bearing with them in their carriages of state offerings to the shrine of the god. Nor is there any lack of distinguished visitors. It may be Alcibiades, who, they say, has entered no less than seven chariots; or Gorgias, who has written a famous [Greek: epideixis] for the occasion; or the sophist Hippias, who boasts that all he bears about him, from the sandals on his feet to the dithyrambs he carries in his hand, are his own manufacture; or Aetion, who will exhibit his picture of the Marriage of Alexander and Roxana--the picture which gained him no less a prize than the daughter of the Hellanodices Praxonides; or, in an earlier age, the poet-laureate of the Olympians, Pindar himself. One feature of the medieval tournament and the modern racecourse is wanting. Women might indeed compete and win prizes as the owners of teams, but all except the priestesses of Demeter were forbidden, matrons on pain of death, to enter the enclosure.

At daybreak the athletes presented themselves in the Bouleuterium, where the presidents were sitting, and proved by witnesses that they were of pure Hellenic descent, and had no stain, religious or civil, on their character. Laying their hands on the bleeding victim, they swore that they had duly qualified themselves by ten months' continuous training in the gymnasium, and that they would use no fraud or guile in the sacred contests. Thence they proceeded to the stadium, where they stripped to the skin and anointed themselves. A herald proclaimed, "Let the runners put their feet to the line," and called on the spectators to challenge any disqualified by blood or character. If no objection was made, they were started by the note of the trumpet, running in heats of four, ranged in the places assigned them by lot. The presidents seated near the goal adjudged the victory. The foot-race was only one of twenty-four Olympian contests which Pausanias enumerates, though we must not suppose that these were all exhibited at any one festival. Till the 77th Olympiad all was concluded in one day, but afterwards the feast was extended to five.

The order of the games is for the most part a matter of conjecture,
but, roughly speaking, the historical order of their institution was
followed. We will now describe in this order the most important.

(1) The _Foot-race_.--For the first 13 Olympiads the [Greek: dromos],
or single lap of the stadium, which was 200 yds. long, was the only
contest. The [Greek: diaulos], in which the course was traversed
twice, was added in the 14th Olympiad, and in the 15th the [Greek:
dolichos], or long race, of 7, 12 or, according to the highest
computation, 24 laps, about 2-2/3 m. in length. We are told that the
Spartan Ladas, after winning this race, dropped down dead at the goal.
There was also, for a short time, a race in heavy armour, which Plato
highly commends as a preparation for active service. (2) _Wrestling_
was introduced in the 18th Olympiad. The importance attached to this
exercise is shown by the very word _palaestra_, and Plutarch calls it
the most artistic and cunning of athletic games. The practice differed
little from that of modern times, save that the wrestler's limbs were
anointed with oil and sprinkled with sand. The third throw, which
decided the victory, passed into a proverb, and struggling on the
ground, such as we see in the famous statue at Florence, was not
allowed, at least at the Olympia. (3) In the same year was introduced
the [Greek: pentathlon] (pentathlon), a combination of the five games
enumerated in the well-known pentameter ascribed to Simonides:--

[Greek: halma, podokeien, diskon, hakonta, palen].

Only the first of these calls for any comment. The only leap practised
seems to have been the long jump. The leapers increased their momentum
by means of [Greek: halteres] or dumb-bells, which they swung in the
act of leaping and dropped as they "took off." The take-off may have
been slightly raised, and some commentators with very little warrant
have stated that spring-boards were used. The record jump with which
Phayllus of Croton is credited, 55 ft., is incredible with or without
a spring-board. It is disputed whether a victory in all five contests,
or in three at least, was required to win the [Greek: pentathlon]. (4)
The rules for boxing were not unlike those of the modern ring (see
PUGILISM), and the chief difference was in the use of the _caestus_.
This in Greek times consisted of leather thongs bound round the
boxer's fists and wrists; and the weighting with lead or iron or metal
studs, which made the caestus more like a "knuckle-duster" than a
boxing-glove, was a later Roman development. The death of an
antagonist, unless proved to be accidental, not only disqualified for
a prize but was severely punished. The use of ear-guards and the comic
allusions to broken ears, not noses, suggest that the Greek boxer did
not hit out straight from the shoulder, but fought windmill fashion,
like the modern rustic. In the _pancratium_, a combination of
wrestling and boxing, the use of the caestus, and even of the clenched
fist, was disallowed. (5) The _chariot-race_ had its origin in the
23rd Olympiad. Of the hippodrome, or racecourse, no traces remain, but
from the description of Pausanias we may infer that the dimensions
were approximately 1600 ft. by 400. Down the centre there ran a bank
of earth, and at each end of this bank was a turning-post round which
the chariots had to pass. "To shun the goal with rapid wheels"
required both nerve and skill, and the charioteer played a more
important part in the race than even the modern jockey. Pausanias
tells us that horses would shy as they passed the fatal spots. The
places of the chariots were determined by lot, and there were
elaborate arrangements for giving all a fair start. The number of
chariots that might appear on the course at once is uncertain. Pindar
(_Pyth._ v. 46) praises Arcesilaus of Cyrene for having brought off
his chariot uninjured in a contest where no fewer than forty took
part. The large outlay involved excluded all but rich competitors, and
even kings and tyrants eagerly contested the palm. Thus in the list of
victors we find the names of Cylon, the would-be tyrant of Athens,
Pausanias the Spartan king, Archelaus of Macedon, Gelon and Hiero of
Syracuse, and Theron of Agrigentum. Chariot-races with mules, with
mares, with two horses in place of four, were successively introduced,
but none of these present any special interest. Races on horseback
date from the 33rd Olympiad. As the course was the same, success must
have depended on skill as much as on swiftness. Lastly, there were
athletic contests of the same description for boys, and a competition
of heralds and trumpeters, introduced in the 93rd Olympiad.

The prizes were at first, as in the Homeric times, of some intrinsic
value, but after the 6th Olympiad the only prize for each contest was
a garland of wild olive, which was cut with a golden sickle from the
kallistephanos, the sacred tree brought by Hercules "from the dark
fountains of Ister in the land of the Hyperboreans, to be a shelter
common to all men and a crown of noble deeds" (Pindar, _Ol._ iii. 18).
Greek writers from Herodotus to Plutarch dwell with complacency on the
magnanimity of a people who cared for nothing but honour and were
content to struggle for a corruptible crown. But though the Greek
games present in this respect a favourable contrast to the greed and
gambling of the modern racecourse, yet to represent men like Milon and
Damoxenus as actuated by pure love of glory is a pleasing fiction of
the moralists. The successful athlete received in addition to the
immediate honours very substantial rewards. A herald proclaimed his
name, his parentage and his country; the Hellanodicae took from a
table of ivory and gold the olive crown and placed it on his head, and
in his hand a branch of palm; as he marched in the sacred revel to the
temple of Zeus, his friends and admirers showered in his path flowers
and costly gifts, singing the old song of Archilochus, [Greek: tenella
kallinike], and his name was canonized in the Greek calendar. Fresh
honours and rewards awaited him on his return home. If he was an
Athenian he received, according to the law of Solon, 500 drachmae, and
free rations for life in the Prytaneum; if a Spartan, he had as his
prerogative the post of honour in battle. Poets like Pindar, Simonides
and Euripides sung his praises, and sculptors like Pheidias and
Praxiteles were engaged by the state to carve his statue. We even read
of a breach in the town walls being made to admit him, as if the
common road were not good enough for such a hero; and there are
well-attested instances of altars being built and sacrifices offered
to a successful athlete. No wonder then that an Olympian prize was
regarded as the crown of human happiness. Cicero, with a Roman's
contempt for Greek frivolity, observes with a sneer that an Olympian
victor receives more honours than a triumphant general at Rome, and
tells the story of the Rhodian Diagoras, who, having himself won the
prize at Olympia, and seen his two sons crowned on the same day, was
addressed by a Laconian in these words:--"Die, Diagoras, for thou hast
nothing short of divinity to desire." Alcibiades, when setting forth
his services to the state, puts first his victory at Olympia, and the
prestige he had won for Athens by his magnificent display. But perhaps
the most remarkable evidence of the exaggerated value which the Greeks
attached to athletic prowess is a casual expression which Thucydides
employs when describing the enthusiastic reception of Brasidas at
Scione. The state, he says, voted him a crown of gold, and the
multitude flocked round him and decked him with garlands, _as though
he were an athlete_.

The _Pythian_ games originated in a local festival held at Delphi, anciently called Pytho, in honour of the Pythian Apollo, and were limited to musical competitions. The date at which they became a Panhellenic [Greek: agon] (so Demosthenes calls them) cannot be determined, but the Pythiads as a chronological era date from 527 B.C., by which time music had been added to all the Panhellenic contests. Now, too, these were held at the end of every fourth year; previously there had been an interval of eight years. The Amphictyones presided and the prize was a chaplet of laurel.

The _Nemean_ games were biennial and date from 516 B.C. They were by origin an Argive festival in honour of Nemean Zeus, but in historical times were open to all Greece and provided the established round of contests, except that no mention is made of a chariot-race. A wreath of wild celery was the prize.

The _Isthmian_ games, held on the Isthmus of Corinth in the first and third year of each Olympiad, date, according to Eusebius, from 523 B.C. They are variously reported to have been founded by Poseidon or Sisyphus in honour of Melicertes, or by Theseus to celebrate his victory over the robbers Sinis and Sciron. Their early importance is attested by the law of Solon which bestowed a reward of 100 drachmae on every Athenian who gained a victory. The festival was managed by the Corinthians; and after the city was destroyed by Mummius (146 B.C.) the presidency passed to the Sicyonians until Julius Caesar rebuilt Corinth (46 B.C.). They probably continued to exist till Christianity became the religion of the Roman empire. The Athenians were closely connected with the festival, and had the privilege of _proedria_, the foremost seat at the games, while the Eleans were absolutely excluded from participation. The games included gymnastic, equestrian and musical contests, differing little from those of the other great festivals, and the prize was a crown made at one time of parsley (more probably wild celery), at a later period of pine. The importance of the Isthmian games in later times is shown by the fact that Flamininus chose the occasion for proclaiming the liberation of Greece, 196 B.C. That at a later anniversary (A.D. 67) Nero repeated the proclamation of Flamininus, and coupled with it the announcement of his own infamous victory at Olympia, shows alike the hollowness of the first gift and the degradation which had befallen the Greek games, the last faint relic of Greek nationality.

Roman.

The _Ludi Publici_ of the Romans included feasts and theatrical exhibitions as well as the public games with which alone we are concerned. As in Greece, they were intimately connected with religion. At the beginning of each civil year it was the duty of the consuls to vow to the gods games for the safety of the commonwealth, and the expenses were defrayed by the treasury. Thus, at no cost to themselves, the Roman public were enabled to indulge at the same time their religious feelings and their love of amusement. Their taste for games naturally grew till it became a passion, and under the empire games were looked upon by the mob as one of the two necessaries of life. The aediles who succeeded to this duty of the consuls were expected to supplement the state allowance from their private purse. Political adventurers were not slow to discover so ready a road to popularity, and what at first had been exclusively a state charge devolved upon men of wealth and ambition. A victory over some barbarian horde or the death of a relation served as the pretext for a magnificent display. But the worst extravagance of private citizens was eclipsed by the reckless prodigality of the Caesars, who squandered the revenues of whole provinces in catering for the mob of idle sightseers on whose favour their throne depended. But though public games played as important a part in Roman as in Greek history, and must be studied by the Roman historian as an integral factor in social and political life, yet, regarded solely as exhibitions, they are comparatively devoid of interest, and we sympathize with Pliny, who asks his friend how any man of sense can go day after day to view the same dreary round of fights and races.

It is easy to explain the different feelings which the games of Greece and of Rome excite. The Greeks at their best were actors, the Romans from first to last were spectators. It is true that even in Greek games the professional element played a large and ever-increasing part. As early as the 6th century B.C. Xenophanes complains that the wrestler's strength is preferred to the wisdom of the philosopher, and Euripides, in a well-known fragment, holds up to scorn the brawny swaggering athlete. But what in Greece was a perversion and acknowledged to be such, the Romans not only practised but held up as their ideal. No Greek, however high in birth, was ashamed to compete in person for the Olympic crown. The Roman, though little inferior in gymnastic exercises, kept strictly to the privacy of the palaestra; and for a patrician to appear in public as a charioteer is stigmatized by the satirist as a mark of shameless effrontery.

Roman games are generally classified as _fixed_, _extraordinary_ and _votive_; but they may be more conveniently grouped according to the place where they were held, viz. the circus or the amphitheatre.

For the Roman world the circus was at once a political club, a fashionable lounge, a rendezvous of gallantry, a betting ring, and a playground for the million. Juvenal, speaking loosely, says that in his day it held the whole of Rome; but there is no reason to doubt the precise statement of P. Victor, that in the Circus Maximus there were seats for 350,000 spectators.

Of the various _Ludi Circenses_ it may be enough here to give a short
account of the most important, the _Ludi Magni_ or _Maximi_.

Initiated according to legend by Tarquinius Priscus, the _Ludi Magni_
were originally a votive feast to Capitoline Jupiter, promised by the
general when he took the field, and performed on his return from the
annual campaign. They thus presented the appearance of a military
spectacle, or rather a review of the whole burgess force, which
marched in solemn procession from the capitol to the forum and thence
to the circus, which lay between the Palatine and Aventine. First came
the sons of patricians mounted on horseback, next the rest of the
burghers ranged according to their military classes, after them the
athletes, naked save for the girdle round their loins, then the
company of dancers with the harp and flute players, next the priestly
colleges bearing censers and other sacred instruments, and lastly the
simulacra of the gods, carried aloft on their shoulders or drawn in
cars. The games themselves were fourfold:--(1) the chariot race; (2)
the _ludus Troiae_; (3) the military review; and (4) gymnastic
contests. Of these only the first two call for any comment. (1) The
chariot employed in the circus was the two-wheeled war car, at first
drawn by two, afterwards by four, and more rarely by three horses.
Originally only two chariots started for the prize, but under Caligula
we read of as many as twenty-four heats run in the day, each of four
chariots. The distance traversed was fourteen times the length of the
circus or nearly 5 m. The charioteers were apparently from the first
professionals, though the stigma under which the gladiator lay never
attached to their calling. Indeed a successful driver may compare in
popularity and fortune with a modern jockey. The drivers were divided
into companies distinguished by the colours of their tunics, whence
arose the faction of the circus which assumed such importance under
the later emperors. In republican times there were two factions, the
white and the red; two more, the green and the blue, were added under
the empire, and for a short time in Domitian's reign there were also
the gold and the purple. Even in Juvenal's day party spirit ran so
high that a defeat of the green was looked upon as a second Cannae.
After the seat of empire had been transferred to Constantinople these
factions of the circus were made the basis of political cabals, and
frequently resulted in sanguinary tumults, such as the famous Nika
revolt (A.D. 532), in which 30,000 citizens lost their lives. (2) The
Ludus Troiae was a sham-fight on horseback in which the actors were
patrician youths. A spirited description of it will be found in the
5th Aeneid. (See also CIRCUS.)

The two exhibitions we shall next notice, though occasionally given in
the circus, belong more properly to the amphitheatre. _Venatio_ was
the baiting of wild animals who were pitted either with one another or
with men--captives, criminals or trained hunters called _bestiarii_.
The first certain instance on record of this amusement is in 186 B.C.,
when M. Fulvius exhibited lions and tigers in the arena. The taste for
these brutalizing spectacles grew apace, and the most distant
provinces were ransacked by generals and proconsuls to supply the
arena with rare animals--giraffes, tigers and crocodiles. Sulla
provided for a single show 100 lions, and Pompey 600 lions, besides
elephants, which were matched with Gaetulian hunters. Julius Caesar
enjoys the doubtful honour of inventing the bull-fight. At the
inauguration of the Colosseum 5000 wild and 4000 tame beasts were
killed, and to commemorate Trajan's Dacian victories there was a
butchery of 11,000 beasts. The _naumachia_ was a sea-fight, either in
the arena, which was flooded for the occasion by a system of pipes and
sluices, or on an artificial lake. The rival fleets were manned by
prisoners of war or criminals, who often fought till one side was
exterminated. In the sea-fight on Lake Fucinus, arranged by the
emperor Claudius, 100 ships and 19,000 men were engaged.

But the special exhibition of the amphitheatre was the _munus
gladiatorium_, which dates from the funeral games of Marcus and
Decimus Brutus, given in honour of their father, 264 B.C. It was
probably borrowed from Etruria, and a refinement on the common savage
custom of slaughtering slaves or captives on the grave of a warrior or
chieftain. Nothing so clearly brings before us the vein of coarseness
and inhumanity which runs through the otherwise noble character of the
Roman, as his passion for gladiatorial shows. We can fancy how
Pericles, or even Alcibiades, would have loathed a spectacle that
Augustus tolerated and Trajan patronized. Only after the conquest of
Greece we hear of their introduction into Athens, and they were then
admitted rather out of compliment to the conquerors than from any love
of the sport. In spite of numerous prohibitions from Constantine
downwards, they continued to flourish even as late as St Augustine. To
a Christian martyr, if we may credit the story told by Theodoret and
Cassiodorus, belongs the honour of their final abolition. In the year
404 Telemachus, a monk who had travelled from the East on this sacred
mission, rushed into the arena and endeavoured to separate the
combatants. He was instantly despatched by the praetor's orders; but
Honorius, on hearing the report, issued an edict abolishing the games,
which were never afterwards revived. (See GLADIATORS.)

Of the other Roman games the briefest description must suffice. The
_Ludi Apollinares_ were established in 212 B.C., and were annual after
211 B.C.; mainly theatrical performances. The _Megalenses_ were in
honour of the great goddess, Cybele: instituted 204 B.C., and from 191
B.C. celebrated annually. A procession of Galli, or priests of Cybele,
was a leading feature. Under the empire the festival assumed a more
orgiastic character. Four of Terence's plays were produced at these
games. The _Ludi Saeculares_ were celebrated at the beginning or end
of each _saeculum_, a period variously interpreted by the Romans
themselves as 100 or 110 years. The celebration by Augustus in 17 B.C.
is famous by reason of the Ode composed by Horace for the occasion.
They were solemnized by the emperor Philip A.D. 248 to commemorate the
millennium of the city.

2. _Private Games._--These may be classified as outdoor and indoor games. There is naturally all the world over a much closer resemblance between the pursuits and amusements of children than of adults. Homer's children built castles in the sand, and Greek and Roman children alike had their dolls, their hoops, their skipping-ropes, their hobby-horses, their kites, their knuckle-bones and played at hopscotch, the tug-of-war, pitch and toss, blind-man's buff, hide and seek, and kiss in the ring or at closely analogous games. Games of ball were popular in Greece from the days of Nausicaa, and at Rome there were five distinct kinds of ball and more ways of playing with them. For particulars the dictionary of antiquities must be consulted. It is strange that we can find in classical literature no analogy to cricket, tennis, golf or polo, and though the _follis_ resembled our football, it was played with the hand and arm, not with the leg. Cock-fighting was popular both at Athens and Rome, and quails were kept and put to various tests to prove their pluck.

Under indoor games we may distinguish games of chance and games of skill, though in some of them the two elements are combined. _Tesserae_, shaped and marked with pips like modern dice, were evolved from the _tali_, knuckle-bones with only four flat sides. The old Roman threw a hazard and called a main, just as did Charles Fox, and the vice of gambling was lashed by Juvenal no less vigorously than by Pope. The Latin name for a dice-box has survived in the _fritillary_ butterfly and flower.

The primitive game of guessing the number of fingers simultaneously held up by the player and his opponent is still popular in Italy where it is known as "morra." The proverbial phrase for an honest man was _quicum in tenebris mices_, one you would trust to play at morra in the dark.

Athena found the suitors of Penelope seated on cowhides and playing at [Greek: pessoi], some kind of draughts. The invention of the game was ascribed to Palamedes. In its earliest form it was played on a board with five lines and with five pieces. Later we find eleven lines, and a further development was the division of the board into squares, as in the game of [Greek: poleis] (cities). In the Roman _latrunculi_ (soldiers), the men were distinguished as common soldiers and "rovers," the equivalent of crowned pieces.

_Duodecim scripta_, as the name implies, was played on a board with twelve double lines and approximated very closely to our backgammon. There were fifteen pieces on each side, and the moves were determined by a throw of the dice; "blots" might be taken, and the object of the player was to clear off all his own men. Lastly must be mentioned the _Cottabus_ (q.v.), a game peculiar to the Greeks, and with them the usual accompaniment of a wine party. In its simplest form each guest threw what was left in his cup into a metal basin, and the success of the throw, determined partly by the sound of the wine in falling, was reckoned a divination of love. For the various elaborations of the game (in Sicily we read of Cottabus houses), Athenaeus and Pollux must be consulted.

BIBLIOGRAPHY.--Daremberg et Saglio, _Dictionnaire des antiquites
grecques et romaines_, articles "Agon," "Athleta," "Circus," "Ludi,"
"Olympia," "Spiele"; Curtius and Adler, _Olympia_ (5 vols., 1890,
&c.); Hachtmann, _Olympia und seine Festspiele_; Blumner, _Home Life
of the Ancient Greeks_; J.P. Mahaffy, _Old Greek Education_; P.
Gardner and F.B. Jevons, _Manual of Greek Antiquities_; E.N. Gardiner,
_Greek Athletic Sports_ (1910); Becker-Marquardt, _Handbuch der
romischen Altertumer_ (5 vols.). (F. S.)

GAMING AND WAGERING. It is somewhat difficult exactly to define or adequately to distinguish these terms of allied meaning. The word "game" (q.v.) is applicable to most pastimes and many sports, irrespective of their lawful or unlawful character. "Gaming" is now always associated with the staking of money or money's worth on the result of a game of pure chance, or mixed skill and chance; and "gambling" has the same meaning, with a suggestion that the stakes are excessive or the practice otherwise reprehensible, while "wager" and "wagering" are applied to money hazarded on any contingency in which the person wagering has no interest at risk other than the amount at stake. "Betting" is usually restricted to wagers on events connected with sports or games, and "lottery" applies to speculation to obtain prizes by lot or chance.

At English common law no games were unlawful and no penalties were incurred by gambling, nor by keeping gaming-houses, unless by reason of disorder they became a public nuisance. From very early times, however, the English statute law has attempted to exercise control over the sports, pastimes and amusements of the lieges. Several points of view have been taken: (1) their competition with military exercises and training; (2) their attraction to workmen and servants, as drawing them from work to play; (3) their interference with the observance of Sunday; (4) their combination with betting or gambling as causing impoverishment and dishonesty in children, servants and other unwary persons; (5) the use of fraud or deceit in connexion with them. The legislation has assumed several forms: (1) declaring certain games unlawful either absolutely or if accompanied by staking or betting money or money's worth on the event of the game; (2) declaring the keeping of establishments for betting, gaming or lotteries illegal, or prohibiting the use of streets or public places for such purposes; (3) prohibiting the enforcement in courts of justice of gambling contracts.

Games, lawful and unlawful.

The earliest English legislation against games was passed in the
interests of archery and other manly sports which were believed to
render the lieges more fit for service in war. A statute of Richard
II. (1388) directed servants and labourers to have bows and arrows and
to use them on Sundays and holidays, and to cease from playing
football, quoits, dice, putting the stone, kails and other such
importune games. A more drastic statute was passed in 1409 (11 Hen.
IV. c. 4) and penalties were imposed in 1477 (17 Edw. IV. c. 3) on
persons allowing unlawful games to be played on their premises. These
acts were superseded in 1541 (33 Hen. VIII. c. 9) by a statute passed
on the petition of the bowyers, fletchers (_flechiers_), stringers and
arrowhead makers of the realm. This act (still partly in force) is
entitled an "act for maintenance of archery and debarring of unlawful
games"; and it recites that, since the last statutes (of 3 & 6 Hen.
VIII.) "divers and many subtil inventative and crafty persons have
found and daily find many and sundry new and crafty games and plays,
as logating in the fields, slide-thrift, otherwise called shove-groat,
as well within the city of London as elsewhere in many other and
divers parts of this realm, keeping houses, plays and alleys for the
maintenance thereof, by reason whereof archery is sore decayed, and
daily is like to be more minished, and divers bowyers and fletchers,
for lack of work, gone and inhabit themselves in Scotland and other
places out of this realm, there working and teaching their science, to
the puissance of the same, to the great comfort of strangers and
detriment of this realm." Accordingly penalties are imposed on all
persons keeping houses for unlawful games, and all persons resorting
thereto (s. 8). The games specified are dicing, table (backgammon) or
carding, or any game prohibited by any statute theretofore made or any
unlawful new game then or thereafter invented or to be invented. It is
further provided that "no manner of artificer or craftsman of any
handicraft or occupation, husbandman, apprentice, labourer, servant at
husbandry, journeyman or servant of artificer, mariners, fishermen,
watermen, or any serving man, shall play at the tables, tennis, dice,
cards, bowls, clash, coyting, logating or any other unlawful game out
of Christmas under the pain of xxs. to be forfeit for every time; and
in Christmas to play at any of the said games in their masters' houses
or in their masters' presence; and also that no manner of person shall
at any time play at any bowl or bowls in open places out of his garden
or orchard" (s. 11). The social evils of gambling (impoverishment,
crime, neglect of divine service) are incidentally alluded to in the
preamble, but only in connexion with the main purpose of the
statute--the maintenance of archery. No distinction is made between
games of skill and games of chance, and no reference is made to
playing for money or money's worth. The _Book of Sports_ of James I.
(1617), republished by Charles I. (1633), was aimed at encouraging
certain sports on Sundays and holidays; but with the growth of
Puritanism the royal efforts failed. The Sunday Observance Act 1625
prohibits the meeting of people out of their own parishes on the
Lord's Day for any sports or pastimes whatsoever. It has been
attempted to enforce this act against Sunday football. The act goes on
to prohibit any bear-baiting, bull-baiting, interludes, common plays
or other unlawful exercises or plays on Sunday by parishioners within
their own parishes. According to Blackstone (iv. _Comm._ c. 13) the
principal ground of complaint leading to legislation in the 18th
century was "gambling in high life." He collects the statutes made
with this view, but only those still in force need have been
mentioned.

The first act directed against gambling as distinct from playing games
was that of 1665 (16 Car. II. c. 7) "against deceitful, disorderly and
excessive gaming" which deals with games both of skill and chance at
which people cheat, or play otherwise than with ready money, or lose
more than L100 on credit. In 1698 (13 Will. III. c. 23) legislation
was passed against lotteries, therein described as "mischievous and
unlawful games." This act was amended in 1710 (9 Anne c. 6), and in
the same year was passed a statute which is the beginning of the
modern legislation against gambling (9 Anne c. 19). It includes within
its scope money won by "gaming or playing" at cards, &c., and money
won by "betting" on the sides or hands of those who game at any of the
forbidden games. But it refers to tennis and bowls as well as to games
with cards and dice.

The following list of lawful games, sports and exercises is given in
_Oliphant on Horses, &c._ (6th ed.): horse-races, steeplechases,
trotting matches, coursing matches, foot-races, boat-races, regattas,
rowing matches, golf, wrestling matches, cricket, tennis, fives,
rackets, bowls, skittles, quoits, curling, putting the stone,
football, and presumably every bona-fide variety, e.g. croquet, knurr
and spell, hockey or any similar games. Cock-fighting is said to have
been unlawful at common law, and that and other modes of setting
animals to fight are offences against the Prevention of Cruelty to
Animals Acts. The following are also lawful games: whist and other
lawful games at cards, backgammon, bagatelle, billiards, chess,
draughts and dominoes. But to allow persons to play for money at these
games or at skittles or "skittle pool" or "puff and dart" on licensed
premises is gaming within the Licensing Act 1872. The earlier acts
declared unlawful the following games of skill: football, quoits,
putting the stone, kails, tennis, bowls, clash or kails, or
cloyshcayls, logating, half bowl, slide-thrift or shove-groat and
backgammon. Backgammon and other games in 1739 played with backgammon
tables were treated as lawful in that year. Horse-racing, long under
restriction, being mentioned in the act of 1665 and many 18th-century
acts, was fully legalized in 1840 (3 & 4 Vict. c. 35). The act of
1541, so far as it declared any game of mere skill unlawful, was
repealed by the Gaming Act 1845. Billiards is legal in private houses
or clubs and in public places duly licensed. The following games have
been declared by the statutes or the judges to be unlawful, whether
played in public or in private, unless played in a royal palace where
the sovereign is residing: ace of hearts, pharaoh (faro), basset and
hazard (1738), passage, and every game then invented or to be invented
with dice or with any other instrument, engine or device in the nature
of dice having one or more figures or numbers thereon (1739), roulet
or roly-poly (1744), and all lotteries (except Art Union lotteries),
_rouge et noir_, _baccarat-banque_ (1884), _chemin de fer_ (1895), and
all games at cards which are not games of mere skill. The definition
of unlawful game does not include whist played for a prize not
subscribed to by the players, but it does include playing cards for
money in licensed premises; even in the private room of the licensee
or with private friends during closing hours.

The first attack on lotteries was in 1698, against lotteries "by dice,
lots, cards, balls or any other numbers or figures or in any other
way whatsoever." An act of 1721 prohibited lotteries which under the
name of sales distributed prizes in money, advowsons, land, jewels,
&c., by lots, tickets, numbers or figures. Acts of 1722, 1733 and 1823
prohibited any sale of tickets, receipts, chances or numbers in
foreign lotteries. The games of cards already referred to as unlawful
were in 1738 declared to be "games or lotteries by cards or dice," and
in 1802 the definition of lottery was extended to include "little-goes
and any game or lottery not authorized by parliament, drawn by dice,
lots, cards, balls, or by numbers or figures or by any other way,
contrivance or device whatsoever." This wide definition reaches
raffles and sweepstakes on races. The advertisement of foreign or
illegal lotteries is forbidden by acts of 1836 and 1844. In 1846 art
unions were exempted from the scope of the Lottery Acts. Attempts have
been made to suppress the sale in England of foreign lottery tickets,
but the task is difficult, as the post-office distributes the
advertisements, although, under the Revenue Act 1898, the Customs
treat as prohibited goods advertisements or notices as to foreign
lotteries. More success has been obtained in putting down various
devices by newspapers and shopkeepers to attract customers by
instituting "missing word competitions" and "racing coupon
competitions"; by automatic machines which give speculative chances in
addition to the article obtained for the coin inserted; by
distribution of prizes by lot or chance to customers; by holding
sweepstakes at public-houses, by putting coins in sweetmeats to tempt
street urchins by cupidity to indigestion; or by gratuitous
distribution of medals giving a chance of a prize from a newspaper. An
absolutely gratuitous distribution of chances seems not to be within
the acts, but a commercial distribution is, even if individuals who
benefit do not pay for their chance.

As already stated, the keeping of a gaming-house was at common law
punishable only if a public nuisance were created. The act of 1541
imposes penalties on persons maintaining houses for unlawful games.
Originally licences could be obtained for such houses, but these were
abolished in 1555 (2 & 3 Phil. and Mar.). In 1698 lotteries were
declared public nuisances, and in 1802 the same measure was meted out
to lotteries known as little-goes. Special penalties are provided for
those who set up lotteries or any unlawful game with cards or dice,
&c. (1738, 1739, 1744). In 1751 inhabitants of a parish were enabled
to insist on the prosecution of gaming-houses. The act of 1802 imposed
severe penalties on persons publicly or privately keeping places for
any lottery. This statute hits at the deliberate or habitual use of a
place for the prohibited purpose, and does not touch isolated or
incidental uses on a single occasion, e.g. at a bazaar or show; but
under an act of 1823 the sale of lottery tickets is in itself an
offence. The Gaming Act 1845 facilitates the search of suspected
gaming-houses and the proof that they are such. It provides that, to
prove any house to be a common gaming-house, it "shall be sufficient
to show that it is kept or used for playing therein at any unlawful
game, and that a bank is kept there by one or more of the players
exclusively of the others, or that the chances of any game played
therein are not alike favourable to all the players, including among
the players the banker or other person by whom the game is managed, or
against whom the other players stake, play or bet." Gambling, it will
be noticed, is still in this definition connected with some kind of
game. The act also provides that proof that the gaming was for money
shall not be required, and that the presence of cards, dice and other
instruments of gaming shall be prima-facie evidence that the house was
used as a common gaming-house. The most recent statute dealing with
gaming-houses is of 1854, which provides summary remedies against the
keeper and makes further provisions to facilitate conviction. It may
be added that the Gaming Act 1845 makes winning money by cheating at
any game or wager punishable in the same way as obtaining money by
false pretences. At the present time proceedings for keeping
gaming-houses in the sense in which that word is commonly understood
are comparatively rare, and are usually against foreigners. The
statutes hit both public and private gaming-houses (see the Park Club
case, _Jenks_ v. _Turpin_, 1884, 13 Q.B.D. 505, the leading case on
unlawful games). The proprietor and the person who keeps the bank at
an unlawful game are both within the statute: the players are not, but
the act of Henry VIII. is so far alive that they can be put under
recognizance not to frequent gaming-houses. Under the Licensing Act
1872 penalties are incurred by licensed victuallers who suffer any
gaming or unlawful game to be played on their premises. A single
instance of playing an unlawful game for money in a private house is
not within the statutes (_R_. v. _Davies_, 1897, 2 Q.B. 199).

In England, so far as the general public is concerned, gaming at cards
is to a large extent superseded by betting on sports and pastimes, or
speculation by means of lotteries or like devices. The legislation
against betting _eo nomine_ began in 1853. In the Betting Act 1853 it
is described as a kind of gaming of late sprung up to the injury and
demoralization of improvident persons by the opening of places called
betting houses and offices, and the receiving of money _in advance_ by
the owners or occupiers or their agents on promises to pay money on
events or horse races and like contingencies. This act strikes at
ready money betting as distinguished from betting on credit ("on the
nod"). It was avowedly framed to hit houses open to all and sundry as
distinguished from private betting clubs such as Tattersall's. The act
seeks to punish persons who keep a house, office, room or other place
for the purpose (_inter alia_) of any person betting with persons
"resorting thereto" or of receiving deposits in consideration of bets
on contingencies relating to horse-races or other races, fights,
games, sports or exercises. The act especially excepts persons who
receive or hold prizes or stakes to be paid to the winner of a race or
lawful sport, game or exercise, or to the owner of a horse engaged in
a race (s. 6). Besides the penalties incurred by keeping such places,
the keeper is liable to repay to depositors the sums deposited (s. 5).