ROMANae HISTORIae ANTHOLOGIA. AN ENGLISH EXPOSITION OF THE ROMAN ANTIQVITIES, WHEREIN many Roman and English offices are paralleled and diverse obscure phrases explained. By THOMAS GODWYN Master of Arts: For the use of ABINGDON School. AC: OX printer's or publisher's device AT OXFORD, Printed by Joseph Barnes. 1614 AA VENERABILI ET EGREGIO VIRO Do. FRANCISCO JAMES LEGUM Doctori, Curiae audientiae Cantuariensis causarum & negotiorum Auditori, Reverendi Aepiscopi Bathonensis & Wellensis Cancellario dignissimo. QVOTIES mihi in mentem redeunt, redeunt autem multoties crebra illa eaque aurea tua hortamina, quibus veluti frigidâ suffusâ mihi puero in literarum stadio currenti animos feceras: toties (vir ornatissime) me aere tuo ita obrutum sentio, ut non facultas modò, sed & spes omnis nomen meum expungendi de tabulis tuis praecîdi videatur. Novae scilicet mihi impetrandae sunt tabulae, nam de sort acceptâ jacta est alea; & ita jacta ut nec reliquum mihi sit quo foeneralia sim soluendo; nisi numismata haec, quae & antiqua sunt & plumbea (id est) Antiquitates has, in quibus vereor ne me reperias hominem (ut cum Terentio loquar) plumbeum: sed fas sit addere (ex eodem Terentio) antiquae fidei; foeneraliorum vice acceperis. At quid tibi cum foeneratione? utpote qui foenerari beneficium non soles, sed illud pulchrè foeneratum putes quo qui accepit rectè utitur: & quid mihi cum solutione? Qui scilicet putare debeo me novum beneficium accepisse, si hoc nostrum officium boni consulas: me devinctiorem tibi factum, si dignaberis tuo nomine (tanquam insigni aliqua gemma) ornare hoc meum opusculum, quo nomine non me solùm, sed inventutem omnem (nempe antiquitatum studiosam) plenius tibi demerêberis; mihi si quid gratiarum à candido lectore, lectori si quid utilitatis ex nostris lucubrationibus accrescat: hoc ille, illud ego, tibi uni acceptum feramus necesse est: nec enim quod res est diffitebor, nisi quòd ardenter cuperem insopitam nostram tui recordationem notam facere, nostrae certè antiquirates adhùc sopitae & ignotae jacuissent, nec extra privatos parietes subreptitassent. Deus Opt. Max. dignitatem tuam quam diutissimè servet incolumem. Datum Abingdoniae decimo calend. Aprilis. Anno. 1613. Tuae dignitatis omni obsequio observantissimus THOMAS GODWINUS. BENEVOLO LECTORI, S. TRia auguror potissimùm futura in hoc opusculo, quae parùm faciant ad aliquorum hominum palatum; quae tamen singula lectorem aequum spero aequi consulturum. Primò aegrè ferent quòd antiquitatis hae suo debito i. Romano destituantur nitore, & idiomatis nostri solaecis (tanquam tot laceris pannis) vestitae foras extrudantur: secundo insimulabunt me gravem rei literariae iniecisse plagam, nempè qui hac ratione feci, ut quivis fumivendulus Grammatista poterit in lectione Ciceronis sine cortice natare, poterit gryphos antiquitatum qui passim historiarum occurrunt sine negotio solvere: tertio hoc illos male torquebit, quòd tota mea textura est adeò inconcinna & inconsona, adeò sterilis & humi serpens, adeò sanguinis & sublimitatis expers. Primò velim intelligant me non tam exuisse eas suo nitore, quam cruisse ex tenebris, nempè transfundendo eas in linguam magis cognitam. Secundò sciant me, non aliâ mente accessisse ad hoc opus quam ut meo labore cuivis sciolo & tyrunculo, vix dum literarum studijs initiato imò pueris ad huc sub ferulâ militantibus, facilis aditu● ad adyta haec patefieret: de sterilitate quam mihi impingunt, me mihi plaudo, rectiusque nomine perspicuitatis eam dici oportere contendo; quid emolumenti enim ex ampull●sis istiusmodi verborum prodigijs (quibus fulminare, nullus est elementarijs qui, si velit, nequit) emergit lectori? praesertim tyrunculo, quem ista verborum tonitrua magis admiratione afficiunt, quam instruunt cognitione. Sed his missis, Lectorem benevolum monitum velim, ut quoties antiquitates Romanae, quoties antiqua aliqua lex, quoties minùs visitatae dictiones, vel dictionum significationes, quoties paraemiae ex his antiquitatibus enatae illum morantur in lectione autorum, Ciceronis praecipuè (cui prae caeteris meum erat consilium lucem inijcere) ut indicem meum vice Dictionarij consulat: vel si magis placebit, taedium quod ex gravioribus studijs obrepere solet, discutiat & exuat, lectitando has antiquitates, in quibus nihil occurrit ceratinum quod negotium cuivis facessat, nonnulla forsan quae sopitum lectoris animum everberent & exacuant magis. Vale. GODWINE noli, pergis? inscitè facis Vulgò Camoenas edere. Romana spernit lingua conarisonos Idiomate extrusos novo. Godwine pergas, fallor; eximiè facis Doctas Camoenas edere: Antiqua Romae verba conari doces Labore iuvenes improbo. LAV. HUMFREDUS. In Romanae Historiae Anthologiam, pueris Ciceronis anagnostis à Tho. Godwine concinnatam. DIversis diversa frutex animalibus idem Pabula dat: In eadem herba apis florem, capra germen, sus radicem captat. Plut. lib. de Poetis Audiendis. Radix, sus tibi, dulce sapit; Dum florem delibat apis; roremque Cicada; Et baccas, volucres; germina, capra legit. Qui Ciceronis adit sinuosa volumina Lector, Non eadem quivis, queis saturetur, avet. Lexios hic veneres mavult, suadaeque verba sequi. Schemataque, & phaleras, Lectaque verba sequi. Ille amentatas potius mirabitur hastas, Argumenta, quibus causa perempta cadit. Sunt quibus Antiqui ritus, quos prisca vetustas Servat in Archivis, perplacuëre magis. Talem tu Godwine tuo polyhistora libro Efformare piâ sedulitate studes. Nec labor incassum cedet; tibi nempe Minerval Gloriaque & stabilis fama 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 erit. IO. SANFORDUS. A short table showing the argument of every Book and Section. Lib. 1 Of the Roman city. Sect. 1. Of the chief parts thereof. 2. Of the general divisions of the Roman people. 2 Of the Roman religion, Sect. 1. Of certain general divisions of their Gods. 2. Of the Roman Priests with some particular Gods. 3. Of certain collateral appendices belonging to the Roman religion (ex. gra.) of the Roman year, where obiter of the Cal. I●es, and Nones, with certain distinctions of the days. Secondly of their plays where chiefly the parts of a comedy or tragedy are shown. Thirdly of their manner of taking meat. Fourthly of the Roman gowns and coats. Fiftly of their rites in marriages and burials. 3 Of the state political. Sect. 1. Of their assemblies, called Comitia. 2. Of their civil Magistrates. 3. Of all those laws, which I have observed to be touched in Tully his orations. 4 Of the art military, as it was practised by the Romans Cap. 1. Of their manner observed in establishing their leagues. 2. Of the Roman Legion and the parts thereof 3 Of the manner of besieging a city. 4. Of the punishments towards their enemies captivaetad. 5. Of punishments towards the Roman soldiers offending. 6. Of certain rewards after the performance of any noble exploits. THE ROMAN ANTIQVITIES expounded in English. Lib. 1. Sect. 1. Of the chief parts of the City. CHAP. 1. De monte Palatino. Romulus', and Remus being (as it is agreed upon by most writers) a Plutar. vit. Rome Pighius the first founders of Rome, built it at the first in b Rosin antiq. lib. 1. c. 2. form of a quadrangle upon one only hill called Mons Palatinus, though Fabius left Rome, as it was first built, with the fields thereof painted in the form of a c Sig de iur. Rom. l. 1. c. 2. bow, the river. Tiber being the sting thereof. Upon this hill was always the seat of the Roman Empire, which from the hill took the denomination of a Palace: and hence d Rosin. antiq. lib 1. c. 4. all stately buildings, which we call Palaces, took their name, Palatia. This hill had his first appellation Palatinus e Rosin. ib. quasi Balatinus, à balando, from the bellowing of cattle, pasturing there in former times. But in process of time six other hills by several kings of Rome were added; whereby the city, and the Pomoerium, that is, the territories of the city were enlarged: and Rome was called urbs septi-collis i. the city upon seven hills. Upon this Palatine hill also stood the Asylum, or sanctuary of refuge, which Romulus opened f Alex. Gen. dier. l. 3. c. 20. in imitation of Cadmus, who at the building of Thebes was said to have opened a sanctuary of refuge, whither whatsoever malefactor could escape, were he bond or free, he was not to be punished. It was much like unto a custom of the people in the city Croton, who flying, unto the altars of their Gods, obtained the forguienesse of faults not voluntarily committed. Whence these two phrases are expounded alike, Ad te tanquàm ad Asylum, and Ad te tanquàm ad aram confugimus i. we fly unto thee as our only refuge. CHAP. 2. De monte Capitolino. THis hill was famous for three names: it was called Capitolium, mons Tarpeïus, and mons Saturni. It was named Saturn's hill g Rosin. antiq. li. 1. c. 5. from the heathenish God Saturn, who vouchasafed to undertake the protection of that place. It was named the Tarpeïan hill h Plutarch. in Romulo. from Tarpeïa one of the Vestal Nuns, daughter to the chiefe-keeper of the Capitol (this hill being the castle of defence for the whole town.) For this Tarpeïa betrayed the Capitol into the enemy's hands, bargaining to have the golden bracelets upon her enemies left hands for this her treason. Now the enemies when they were admitted in did cast not their brace lets alone but their bucklers also upon her, through the weight whereof she was pressed to death: upon which occasion the whole hill was afterward called the Tarpeïan mount; but more principally a certain rock of that hill called Tarpeïa rupes, from whence malefactors were sundry times tumbled headlong. The same hill was likewise called the Capitol, because when the foundation of a certain Temple, built in the honour of jupiter, was laid a man's head full fresh, and lively, as if it had been lately buried, i Dion. Halicar. lib. 4. yea hot blood issuing out of it, was found there. k Lipsius' de magnitud. Rom. cap. 5. Arnobius saith, that the name of this man being alive was Tolus, and hence from Caput and Tolus the whole hill was called Capitolium. CHAP. 3. De colle Quirinali. THis hill being in former time called Agonalis, then began to be called Quirinalis, when certain Sabines, called in Latin Curetes, came and inhabited there, (truce being made between the Romans, & the Sabines:) though some would therefore have it named Quirinalis, because there was a temple erected in the honour of Romulus, called also Quirinus. It was called in the time of the Emperors mons Caballus, that is, the horse-hill, taking its denomination from two marble statues of Alexander taming his horse Bucephalus: which statues Constantine the Emperor brought to Rome, and placed them in the midst of certain baths, which he made upon this hill. There do appear in this hill three risings, or hillocks, the one being called Salutaris, the other Martialis, & the third Latiaris. All this may be collected out of l Antiq. Rom. lib. 1. cap. 6. Rosinus. CHAP. 4. De monte Coelio. THis hill hath his name from a certain m Alex. Gen. dier. l. 6. c. 11. captain of Hetruria, which assisted Romulus against the Sabines. On this hill king Tullus Hostilius erected stately edifices, which for a time served as his palace: but afterward they became the chief Counsel-house, whither the Senators assembled themselves, for the determining of state-matters: & because this Curia did far exceed all others, therefore authors many times use this word n Alex. Gen. dier. l. 1. c. 16. Curia simply, without any adjunction to signify Curiam Hostiliam, as if there were no other. It much resembleth our Privy-counsel-chamber in respect that none might sit there, but only Senators; whereas in the court-house, which Pompey built (being therefore called Curia Pompeïa) o Rosin. antiq. lib. 7 c. 6. other city-Magistrats were admitted amongst the Senators: and in curiâ juliâ i. the court-house which julius made, were examined p Rosin. Ibid. foreign matters, as Embassages: but in curiâ Hostiliâ domestical matters only were treated of, and that only by the Senators. q Munster in sua Cosmog. lib. 2. cap. 9 At this present time this hill is beautified with many Christian Churches, as the Churches of S. Steven, S. Paul, and S. john, our Saviour's Hospital, etc. r Alex. Gen. dier. l. 6. c. 11. It was also called Mons Querculanus from the abundance of oaks growing there. CHAP. 5. De monte Esquilino. THis hill was so named quasi s Rosin. Antiq l 1. cap. 8. excubinus ab excubijs i. from the night watching which Romulus did undertake upon that, somewhat distrusting the fidelity of the Sabines in the beginning of their league. In this hill there were three hillocks named Cispius, Opius, and Septimius. CHAP. 6. De monto Aventino. THE Aventine mount took his name t Alex. Gen. dier. li. 6. c. 11. from Aventinus a certain king of Albanum, which was there buried. Upon this hill stood Hercules his altar, and certain temples consecrated to juno, Diana, Minerva, Lucina, and Murcia i. Venus: whence the hill hath sometime been called Diana her hill, & Mons Murcius. u Alex. Gen. dier lib 3. c. 5. Here were those Scalae Gemoniae, whither condemned persons were dragged, and so cast headlong into the river Tiber down a pair of stairs. Upon x Plutarch. in Romulo. this mount Remus would have built Rome, & therefore it was called Remonius mons. But since it hath been called mons Rignarius, as it appeareth by Plut. in the same place. It had moreover the name of the holy mount, being called in Latin Mons sacer. CHAP. 7. De monte Viminali. BEcause of the abundance of wicker twigs, which did grow upon this hill, it was called mons Viminalis, vimen signifying a twig, or osier. I am not ignorant that some would have this hill to be named Viminalis from jupiter Vimineus, whereas jupiter himself was named Vimineus from this hill, because he had here many altars erected in the honour of him. Both this hill, and jupiter were called Fagutales from sylva fagea i. a cops of beech-trees, which did grow thereupon. vid. Rosin. Antiq. lib. 1. cap. 9 CHAP. 8. De tribus collibus adiectis. THree y Rosin. Ant. lib. 1. cap. 11. other hills there were, which in process of time were added unto the city, which partly because they were not included within the Pomoerium so soon as the other, but chiefly because they were not of such note, therefore Rome retained the name Septi-collit i. the city upon 7. hills. The first of those hills was called Collis hortulorum i. the hill of gardens, so termed because of the many gardens near adjoining. z Barthol. Latomus in verrin. 7 ●m Cic. Here was the Cireque, or the show-place of the strumpet Flora, which made the people of Rome heir to those goods which she had gotten by prostituting her body to young gentlemen, leaving also a certain sum of money to procure a celebration of her birthday: which because of her infamy the people shaming to do, they feigned her to be the goddess of flowers, and that she must first be appeased by sports, and plays performed in the honour of her, before the trees and fruits of the earth would prosper. The second was called janiculus from janus that two-faced God: who, as writers testify, was there buried. It did lie beyond the river Tiber, and now hath changed its name, being called from the yellow sands mons aureus, and through negligence of the Printer, Montorius i. the golden mountain. The third was famous for the many divinations, and prophecies uttered upon it, and thence was it named Vaticanus from Vaticinium, a foretelling. a Munster in sua cosmog. lib. 2. cap. 8. It is at this time famous for a library in it, called Bibliotheca Vaticana. CHAP. 9 De Foro Roman. FOrum hath divers acceptions: sometimes it is taken for a place of negotiation, or merchandising, which we call a marketplace; and being taken in this sense it hath commonly some adjective joined with it, as Forum boarium, the beast-market, forum piscarium, the fishmarket, Olitorium forum, the hearb-market. Other times it is taken for any place, wheresoever the chief governor of a province doth convocate his people together, there to give judgement according to the course in law: whence a man is said Forum agere, b Hubertus in Cic. lib. 3. ep. fam. 6. when he keepeth the Assizes, and Forum indicere, when he appointeth the place, where the Assizes shallbe kept. Thirdly it is taken for a place, where controversies in law are judicially determined, and orations are had unto the people. And of this sort there were c Rosin antiq. lib. 9 c. 7. fix distinct Forums: One called Forum julium, because it was built by julius Caesar. A second was added by Octavius Augustus, called therefore Augusti Forum. The third Forum was founded by Domitian the Emperor: but by reason of his sudden death Nerva had the finishing thereof. It had the name of Forum Transitorium, the transitory Forum, because there was transitus i. a way or passage through it into three several market places. A fourth was added by the Emperor Traianus, wherein was erected a stately column or pillar 140 cubits high, having all the noble exploits performed by Traianus engraven in it. Another was called Salustij Forum, because Sallust bought it with divers gardens adjoining, which since have been called horti Salustini. The last Forum, which indeed was first built, and in all respects excelled the rest, was called Forum Romanum, and Forum vetus, or by way of excellency the Forum, as if there were no other Forum. Where we must understand, that as often as Forum is used in this latter sense, namely for a pleading place, it is so used figuratively, by the figure Synecdoche: for in truth the pleading place, wherein Orations were had, was but one part of the Forum Romanum, namely that Chapel, or great building, which they called Rostra. d Henr. Salm in Pancirolli lib. rerum deperdit. cap. de Basil. & taber. Round about this Forum Romanum were built certain trades-mens shops, which they termed Tabernae; and also other stately buildings called Basilicae Pauli. Here was the Comitium, or hall of justice; the Rostra, i. the Orators pulpit; Saturn's sanctuary, or the common treasure house; and Castor's temple: of all which in their order. CHAP. 10. De Basilicis. BAsilicae were upper buildings of great state and much cost, being supported with Pilae i. flat. sided pillars; & having underneath them walks, much resembling our cloisters, saving that the I●tercolumnia, or space between the pillars lay open unto the very ground. That they were upper buildings may be collected by the custom of many men, which were wont to walk under these basilical buildings, and therefore were called Subbasilicani by Plautus. The use of these were principally for the e Sigon. de judiciis lib. 1. cap. 28. judges to sit in judgement: but in their absence it was lawful for merchants to deal in their businesses. Those of chief note were three, thus named, Pauli, Porcia, and julia. CHAP. 11. De Comitio. COmitium f Sig. de iud. lib. 1. cap. 7. was a part of the Forum Romanum, being a great large hall of justice, which for a long time was open at the top having no covering, and for that reason the assemblies were often dissolved in rainy, or unseasonable weather. In it stood the Tribunal, being a place erected up on high in form of our pulpits, but many degrees larger, & in the midst thereof the Sella Curulis i. the Ivory chair, from whence the chief magistrate administered justice; other inferior magistrates fitting on benches on each side, which were called Subsellia, because they were lower than the Tribunal. Those which sat upon these benches had power cognoscere, but not pronuntiare; much like to our justices at the Assizes, which may examine or inform against a malefactor, but not condemn him. Where we may observe the difference between Comitium, signifying such an edifice, or building, and Comitia, signifying the Roman assemblies: both being so called à coeundo. g Sig. de iud lib. 1. cap. 28. In this hall did stand an Altar, upon which the judges laying their hands, did take their oath to administer justice without partiality. It was called puteal Libonis. CHAP. 12 De Rostris. NEXT to the Comitium stood the Rostra, a goodly fair edifice in manner of the body of a Cathedral Church. In it stood an orators pulpit decked & beautified with the stems of many ships, which they got from the people of Antium in a memorable battle upon sea: and h Hubert. in Cic. lib. 8. ep. fam. 1. hence from those ship-beakes called in Latin Rostra, hath this place taken his name. It may be englished the great Oratory, or place of common plea. CHAP. 13. De templo Castoris. ANother part of the Forum was a sanctuary built in the honour of Castor, and Pollux: the i Sueton. in julio Caesare reason thereof was because they appeared unto the Romans in the Latin war in the likeness of two Angels sent from heaven to lead the Roman army, and to assist the Romans against the Latins: who being vanquished, they suddenly were departed out of the field, none knowing how, & even in the same moment they appeared upon their sweeting horses unto the Roman citizens in the Forum, who taking them for soldiers demanded what news they brought home from the camp: they replied that the Romans were conquerors: which news being delivered, they suddenly vanished, and were seen no more. Upon this occasion did A. Posthumius being at that time Dictator, build a Temple in that place of the Forum, where they were seen in honour of them both. Although in the after ages it had the name only of Castor's Temple; Whence arose the jest of M. Bibulus against his fellow Consul julius Caesar, saying that it fared with him, as it did with Pollux; i. as this Temple which was erected in the honour of both the brethren, carried the name only of Castor's Temple; so the great expenses in exhibiting shows in the time of their consulship though they went deeper on Bibulus his side, yet Caesar carried away all the thanks, and credit. Insomuch that the people being wont to subscribe the names of both Consuls at the end of their deeds, and Charters, for a remembrance of the year; that year they wrote, Such a thing done not Bibulus, and Caesar, but julius and Caesar being Consuls. CHAP. 14. De aede Saturni. Saturnes' sanctuary k Plutarch. in Publicola. was the common treasure house, wherein the subsidy money which the commons paid unto the treasurers called Quaestores, was to be laid up: whereof diverse men conjecture diversely. Alexander Neop. l Alex. Gen. dier. l. 4. c. 15. saith, that Saturn found out the use of brazen money: and therefore this Temple might be thought the fittest place for the treasury. Plutarch thinketh rather that the making of the treasury in that place did allude to the integrity of the time, wherein Saturn reigned, being the world's golden age. m Alex. Gen. dier. lib. 2. c. 2. But the most received opinion is the strength of the place, whereby it was the safer from thieves. This temple by reason of the use it was put unto, was called aerarium from aes i. brass: which name now is common to all treasure houses; for that the first money used by the Romans was of that metal, until the year of Rome 485 (as Pliny witnesseth lib. 3. cap. 33.) n Alex. Gen. dier. l. 4. c. 15. Some are of opinion, that before the use of brass they made money of leather: whence Numa Pompilius is said to have given leather money in a dole unto the people. Touching their order observed in the treasury, we must understand that their care in providing against sudden dangers was such, that they laid aside the twentieth part of their receipts, which they o Alex. Gen. dier. lib. 2. c. 2. called aurum vicesimarium, Incensimarium, and Cimiliarchium, into an inner chamber, or more sacred room, named in Latin aerarium sanctius. p Servius l. 2. Virg. Georg. We may read also of a third treasury called aerarium militare, wherein Augustus had appointed that the twentieth part of certain legacies should be laid up to defray charges in extraordinary wars: where it lay so privileged, that it was a capital crime to use any of it, but in extreme, and desperate necessity. Notwithstanding howsoever it was used as a treasure house, q Alex. Gen. dier. lib 2. c. 2. yet diverse authors testify that the acts of their senate, the books of Records, together with such books, as were for their immeasurable bigness called libri Elephantini, wherein all the names of their Citizens were registered, and also their military ensigns, were contained there. r Plutarch in suis problemat. vid. Franc. Sylvium in Catilinariam 4. And from those statute books called tabulae publicae, this treasury was also called Tabularium, because they were laid up there. CHAP. 15. De campo scelerato. CAmpus sceleratus, the field of execution, s Munster. in sua Cosmog. lying within the city, joined to the gate Collina. It was the place, where the Vestal Nuns, if they were deflowered, suffered punishment after this manner. There t Plutarch. in Numa. was made a Vault under the earth with an hole left open above, whereby one might go down; and within it there was a little couch with a burning lamp, and a few victuals: whither the defiled Votary was to be brought through the market place in a litter so closed up with thick leather, that her mournings might not be heard to the moving of pity. She being thus brought to the place of execution, was let down by a ladder into the hollow cave, and the hole presently stopped. And the reason why they suffered such a kind of death, was because they thought it not fit; that she should be burnt with fire, which kept not the sacred fire with greater sanctity. And it was thought unlawful to punish them by laying violent hands on them, because they had in former time served in so holy a function. CHAP. 16. De campo Martio. THe u Rosin. antiq. lib. 6. c. 11. campus Martius, otherwise called Tiberinus, because it was near the river Tiber was given unto the Roman people by Caïa Tarratia, a Vestal Virgin: but Tarqvinius Superbus the last king of Rome did take it from the people, converting it to his own private use: in so much that he sowed corn there, which, when he was deposed, the Romans did cast into the river Tiber, judging it unfit that any man should reap any commodity from so holy a ground. In process of time the sheaves of corn being stopped in a shallow ford of the river, became firm ground, and was called the holy Island, or Aesculapius his Island. And presently after the expulsion of Tarqvinius, this Campus Martius was restored unto its former use. Beside the natural pleasantness of the place itself, it was beautified with many ornaments brought out of the Capitol (the Capitol being too full) as likewise with diverse images of well deserving men. Hither did the younger sort of Romans come to exercise all matters of chivalry, namely the horse-race, the foot-race, wrestling, fencing, vaulting, casting the bowl, the sledge, the dart, using the sling, the bow, with such like: & upon this occasion it was dedicated to Mars, and called by Strabo, the Romans great school of defence. In this field were men of best note burned, when they died. Here were the kings, & other magistrates at first created. In this x Seru. in Bucol. eclog. 1. field of Mars also was a place at first railed, like a sheepe-pen, called therefore Ovilia, or septa; but afterwards it was mounted with marblestone, beautified with stately walks, and galleries, and also with a tribunal, or seat of justice, within which precinct the people often times assembled to give their suffrages toward the election of magistrates. The means of ascending up unto these Ovilia was not by stairs, but by many bridges made for that time; every parish in the assembly of parishes, and every tribe, or ward in the assembly of the tribes, and every hundred in the assembly of centuries having his bridge: whence this proverb was occasioned, de ponte deijciendus i. he is to be barred from giving his voice, y joan. Saxonius in orat pro S. Roscio. These bridges were not made over any river, but over the dry land: whence men were said to be cast, Non ut periclitarentur de vita, sed ne suffragarentur in Comitijs. CHAP. 17. De Circo Maximo. AMongst other places where the Romans exhibited their plays unto the people, the most remarkable was the great Circque, or show-place, called in Latin Circus Maximus. It was a large piece of ground, lying near that part of the Aventine mount, where Diana's temple stood. It was built by Tarqvinius Priscus with divers galleries round about it, from whence the Senators, & gentlemen of the city did behold the running with great horses at lists, the fireworks, tumbling, the baiting, and chase of wild beasts, etc. In former time all did stand on the ground, being sheltered from the rain by the help of boards upheld with forks in manner of house-pentices: and this custom continued until the aforesaid Tarqvinius erected those galleries, called Fori, making thirty distinctious of them, allotting every ward or company their several quarters all the seats being able to contain one hundred fifty thousand parties. z Rosin. antiq. lib. 5. c. 4. Under these places were cells, or vaults, where women did prostitute their bodies, and would buy stolen goods, and for this reason Horace calleth it Fallacem circum i. the deceitful show-place. There was at the one end of the circque certain barriers i. places barred, or railed in, at which place the horses began the race; and at the other end was the mark, whether the horses ran: it was called in Latin Meta, and the barriers carceres, à coercendo. Whence we say à carceribus ad metam i. from the beginning to the ending. CHAP. 18. De Theatro. THE Theatre a joach. Camerarius in orat. pro L. Flacco. hath his name from the Greek verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to behold: because the people flocked thither to behold plays, and shows exhibited to them. The custom b Servius lib. 2. Virg. Geor first sprang from shepherds, who leading a contemplative life, were wont to compose dialogues in metre, and at their leisure to recite them under the trees pressed down in form of an arbour; whence this theatral term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath been derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a shadow. But afterward learned Poets composed Comedies, and Tragedies, which were publicly acted in the city upon a stage: and although at the first it was counted infamous to frequent them, yet afterward the Senators themselves, yea the Emperor, and all the chief of Rome assembled thither. c Alex. Gen. dier. l. 5. c. 16. Neither for a long continuance were there any seats built, but commons and nobles promiscuously one with another all stood on the ground; insomuch that those which stood behind, raised up places with turfs of earth, which gave the people occasion to call the place between those turfs, and the scaffold Cavea, i. a cave, or den: yea sometimes the people that stood there were so called from the place. Though the Theatre be now taken only for the stage, yet then by it was understood all the whole room, where these plays were acted: and it had divers parts, some proper to the actors, some to the spectators. To the actors belonged first the proscenium i. the house, whence the players came, where they appareled themselves, though sometimes it is taken for the scaffold, or stage itself: secondly the pulpitum, that is, the stage, or scaffold upon which they acted: and thirdly the scena, that is, the d Seru. lib. 3. Virg. Georg. partition, which was commonly made of wood not of hangings. Now that they might change their scene according to their pleasure, they made it either e Servius i●. Versatilem i. so that with engines it might upon the sudden be turned round, and so bring the pictures of the other side into outward appearance: or otherwise ductilem i. so that by the drawing aside of some wainscot shuttles (which before did hide the inward painting) a new partition might seem to be put up. And as I think, because those shepherds did act no more at a time, than one of our scenes, hence have we distinguished our plays into so many parts which we call scenes. The places which were proper to the spectators were distinguished according to their degree and place: for the remotest benches were for the commons, & called popularia; the next for the knights, & gentlemen of Rome, called therefore Equestria; the others, wherein the Senators did sit, were built between the Eguestria, and the stage in manner of a triangle, or a wedge sharp toward the stage and broad behind, by reason whereof those seats were sometimes called Cunei, but more commonly Orchestra: f De Amphitheat. cap. 14. this may be collected out of Lipsius. There was also another scaffold built quite round, made as it were of two theaters joined together; It was called Amphitheatrum, & differed from the theatre g Pancirollus lib rerum deperditarum cap. de amphitheat. only as the full moon doth from the half, or a complete rundle from a semicircle. Upon this kind of scaffold, did the masters of fence play their prizes. The area, or plot of ground, wherein these scaffolds did stand, was called cavea, for the reason abovementioned: & it was also called arena, which signifieth sand, or gravel, h Lipsius' de Amphitheat. cap. 3. because the ground was covered with sand, that the fencers, if any of them by chance fell of the stage, might not hurt themselves. And this gave occasion of our Latin phrase, In arenam descendere i. to go into the field. CHAP. 19 De Pistrino. THere remaineth another place yet to be spoken of, whereof there is frequent mention in Comical authors. It much resembleth our bridewell, or place of correction, being called in Latin pistrinum à pinsendo, from pounding. For before the use of mills was known the Romans did pound their corn in a great mortar, calling the place where they pounded it, pistrinun. Whereupon our hand-mil hath retained the same name to this day: & because of the great pains that men did suffer in pounding, hence grew a custom among them, that when a servant had offended, his master would menace him in this manner, In pistrinum te dedam, I will cast thee into Bridewell. CHAP. 20. Moreover for the better understanding of classical authors, it will not be impertinent to point at the general names, by which their religious places were called: and to declare the proper acception of each name. The names being these, Templum, Fanum, Delubrum, Aedes sacra, Pulvinar, Sacrarium, Lucus, Scrobiculum, Ara, Altar, Focus. De Templo. This word Templum doth sometime signify those i Rosin antiq▪ lib. 2. c. 2. space, and regions in the air, and earth, which the Augurs did quarter out with their crooked staff at their soothsaying. It doth seldom signify the heaven, & most commonly it doth signify a Church, or Temple: in which sense as often as it is used, it is said à k Fr. Silvius in orat. pro Muraen. templando, from beholding; because when we be in the Church, by lifting up our hearts by a divine contemplation, we do, as it were behold the great majesty of God. De Fano. It is also called Fanum à fando, from speaking: not from the speaking of the Priest; but because the people do there speak unto God, and God again to the people. De Delubro. Thirdly, a Church was called delubrum Synechdochic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it was the principal part of the Church, namely the place where their Idol God stood; and it was called delubrum from Deus: l Rosin. antiq. li. 2. ca 2. as we call the place, where the candle is put, candelabrum from candela. As concerning the outward form of the Churches, some were uncovered, because they counted it an heinous matter to see those Gods confined under a roof, whose doing good consisted in being abroad; Othersome covered, some round, some otherwise: but within they much resembled our great Churches. They had their pronäon, or Church-porch, whereabouts they were wont to have the image of the beast Sphinx, which was so famous for his obscure riddles: so that by this image was signified, that the oracles of the Gods which were treated of within the Church were dark and mystical. They had certain walks on each side of the body of the Church, which they called ●●rticus: & in these places it was lawful for them to merchandise, make bargains, or confer of any worldly business; as likewise in the basilica, or body itself. But their choir called Chorus, was counted a more holy place, set apart only for divine service. The manner of hallowing it, was as followeth. m Rosin. ib. When the place where the Temple should be built, had been appointed by the Augurs (which appointing, or determining the place they called Effari templa, and sistere Fana) then did the party, which formerly in time of need upon condition of help from the Gods had vowed a Temple, call together the Aruspices, which should direct him in what form the temple should be built: which being known certain ribbons, and fillets were drawn about the area, or plat of ground with flowers, & garlands strewed underneath, as it was probable to distinguish the limits of this ground now to be hallowed. Then certain soldiers marched in with boughs in their hands, & after followed Vestal Nuns leading young boys, & maids in their hands, who sprinkled the place with holy water. After this followed the Praetor, some Pontifie going before, who after the area had been purged by leading round about it a sow, a ram, and a bull, sacrificed them, & their entrails being laid upon a turf, the Praetor offered up prayers unto the Gods, that they would bless those holy places, which good men intended to dedicate unto them. This being done the Praetor touched certain ropes, wherewith a great stone being the first of the foundation was tied: together with that other chief Magistrates, Priests, and all sorts of people did help to pluck that stone, & let it down into its place, casting in wedges of gold, and silver, which had never been purified, or tried in the fire. These ceremonies being ended, the Aruspex pronounced with a loud voice, saying, Nè temeretur opus, saxon, auróue in aliud destinato. i. let not this work be unhallowed by converting this stone, or gold into any other use. De Aede sacrâ. Fourthly, a Church was called Aedes sacra, an holy house, because of the sacrifices, prayers, and other holy exercises performed therein. Although (as Gellius hath long since observed) every holy house was not a Church. For the proper note of distinction between a Church, and a religious house was this: that a Church beside that it was dedicated unto some God, it was also hallowed by the Augurs, without which hallowing the edifice was not called a Church, but a religious house: of which sort was the Vestal Nunnery, and the common treasury, called Aedes Saturni. We may add hereunto this word Pulvinar, n Barthol. Latomus in Philippic. 4●●. which doth often signify a church: the reason being taken from a custom amongst the paynim, who were wont in their churches to make certain beds in the honour of their Gods, and those beds they called Pulvinaria from pulvis, because they were filled with dust or chaff. De Sacrario. Sometimes o Cic. pro Milone. Sacrarium signifieth a temple, though properly it signifieth a Sextry or Vestry, nempe p Franc. Silvius in orat. pro L. Muraen Sacrorum repositorium. De Lucis. near unto divers temples stood certain groves dedicated to some of the Gods: they were called in Latin Luci à non lucendo, as divers say, by the figure antiphrasis. But others are of a contrary opinion, giving it that name, because of the exceeding light it had in the night time by reason of the sacrifices there burnt. De Scrobiculo, Arâ, & Altari. The places upon which they sacrificed either in their religious houses, or their groves, were of three sorts, which we in english term altars; but the Romans distinguished them by three several names, Scrobiculus, Ara, and Altar. De Scrobiculo. q Alex. Gen. dier. l. 5. c. 26. Scrobiculus was a furrow, or pit containing an altar in it, into which they poured down the blood of the beast slain, together with milk, honey, and wine, when they sacrificed unto an infernal God. De Arâ. The second kind of altar was called Ara, either ab ardendo, because their sacrifices were burned upon it: or from their imprecations used at that time, which in Greek they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It was made foursquare, not very high from the ground, or as some say, close to the ground: and upon this they sacrificed unto the terrestrial Gods, laying a turf of grass on the altar: and this gave Virgil occasion to call them r Virg. Aen. 12. Aras gramineas i. grassy altars. De Altari. The third sort was called Altar, either because it was exalted, and lifted up somewhat high from the ground; or because he that sacrificed (by reason the altar was so high) was constrained to lift up his hands in altum, on high: s Seru. in Bucolic. eclog. 5. and upon this they sacrificed unto their celestial Gods only. De Foco. Focus is a general name, signifying any of these altars, so called à fovendo: because as Servius hath observed, that is properly focus, quicquid fovet ignem, sive ara sit, sive quicquid aliud, in quo ignis fovetur. Lib. 1. Sect. 2. The general divisions of the Roman people. CHAP. 1. De populo Romano, & eius primâ divisione. THus having premised a short treatise concerning the first situation of Rome, and the most remarkable parts thereof, I purpose to proceed to the Inhabitants, which antiquity hath styled Citizens of Rome. And Erasmus rather describing a Roman, then defining him, saith, A Roman was grave in his conversation, severe in his judgement, constant in his purpose: Whence Cicero in his Epistles often useth this phrase, More Romano, for ex animo i. unfeignedly. a Sig. de iur. Rom. l. 1. c. 1. Sigonius rendering the definition of a Roman citizen, averreth that no man is lege Optimâ i. in full and complete manner a citizen of Rome, but he which hath his habitation there, which is incorporated into a tribe, and which is made capable of city preferments. By the first particle those which they term municipes; by the second those which they call Inquilini; & by the third those which they call Libertini are in a manner disfranchised. But whereas Sigonius saith that they must have their habitation at Rome, he would not be so understood, as if a Roman citizen might not remove his habitation to any other country: For saith he a Roman citizen may be as long absent from Rome, and the fields belonging to Rome, as he please, so that he suffer himself to be sessed and taxed in common with others toward the subsidy payments, & denieth to be incorporate into another city. For T. Pomponius was a true citizen of Rome, though he dwelled at Athens. The Roman citizens being by these privileges as by a more proper & peculiar character distinguished from other people; and being planted in the city according to the appointment of Romulus their king, it seemed good unto him to divide them into b Sigon. de jure Rom. lib. 1. cap. 3. tribes, not taking the note of distinstion only from the diverse places they then inhabited, as we read that Servius the sixth king of Rome did, making therefore four tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, local, namely Suburanam, Palatinam, Collinam, and Esquilinam (which number of local tribes in process of time increased unto the number of 35:) but dividing them according to the several nations, which at the first were donati civitate i. made free denizens of Rome: (and they being in number three. 1. the Sabines, which were named Tatienses, from their king Tatius: 2. the Albans, called Rhamnenses from Romulus. 3. other nations promiscuously flocking out of other countries to the Roman Asylum placed in a grove called in latin Lucus, which gave Romulus' occasion to name them Luceres) he made in all three tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or national. After that Romulus had thus divided the whole body of the Romans into three tribes, he then subdivided each tribe into ten lesser numbers, which he called curiae, or parishes: & then followed five other divisions in respect of their different degrees, and callings: of which in their several order. CHAP. 2. De primâ divisione Romanorum in Senatores, sive Patres, Patricios, sive Patronos, & Plebeï, siuè Clientes. THe first division of the Romans in respect of their degree, and place was this. The elder, wealthier, & gravest sort of Romans, were called sometimes Patricij, either because of their age, and gravity; or because they had many children (for great privileges were granted unto fathers of three children:) & sometimes Patroni, because they were as patrons, and fathers in helping and assisting the causes of the common people seeking to them. The younger, poorer, and simpler sort were called, as they had relation to the Patricij, Plebeij i. the commons; as they had relation to their Patrons, they were named Clientes i. Clients. Between whom c Lazius de Repub. Rom. lib. 12. cap. 3. there was such a mutual, and reciprocal intercourse of love, and duty, that as their Patrons were ready to protect their clients, so the clients were bound with all faithfulness to cleave unto their Patrons: and that not only to credit them with their attendance in public assemblies, but to disburse out of their own purses towards the bestowing of their daughters, the paying of public mulcts, the giving of largesses in suing for offices, etc. Neither was it lawful for either of them to inform, to depose, to give their voices, or to side with adversaries one against another without the guilt of treason: for which crime of treason they were dijs inferis devoti i. cursed to hell, and the law gave liberty for any man to kill them. Out of the Patricij did Romulus elect 100 counsellors to assist him in determining matters concerning the commonweal: to these did Romulus after add another 100 and Tarqvinius Priscus, as divers authors testify, made them a complete 300. which they called Patres, or Senatores, & their sons Patricij. But in process of time the commons also were eligible into a Senator's place. Some say that Tarqvinius Priscus added the second hundred to the Senate out of the commons, d Martin. Ph● leticus in Cic. lib 1 Ep. fam. 1. who were called Senatores minorum gentium i. Senators of the lower house. Brutus' added the last 100 & made them 300: at what time they began to be called Patres conscripti. And this acordeth with joannes Rosa in his Epitome of the Roman history, in his chapter de Regibus Romanis: where he saith, that Tarqvinius Priscus did double the number of the Senators: And likewise e Alex. Gen. dier. l. 2. c. 29. Alexander Neop. saith, that Brutus made them a complete 300. CHAP. 3. De secundâ divisione Romanorum in tres ordines, Senatorium, Equestrem, Popularem, seu Plebeium. AFter that through Tarqvinius Superbus his tyranny, the very name of a king became odious to the Romans, not only the present king was exiled, but the authority of a king ever afterward detested, and perpetually abrogated: so that the office, which was before monarchical then was divided between two, called Consuls; neither were they admitted for any longer space than one year. At which time of change, the Romans were divided into three orders, or ranges, 1. into Senators, of whom before. 2. into Gentlemen, called of the Romans ordo Equestris: by which we do not understand those 300. Celeres i. Pensioners, called sometimes Equites, for that was a place of service, this a title and token of gentility. Who although they were inferior to the chief Senate, yet they were of great esteem among the Romans: and although they might not wear the same rob as the Senators did, namely the laticlavium, or garment bestudded with flowrishing of purple silk in manner of broad nail heads; f Rosin. Ant. lib. 1 cap. 17. yet they might wear the angusti-clavium, a garment differing from the former only in this, because the purple studs, wherewith it was purfled was narrower, and not so large as the laticlavium. They also at the time of their election received from the Censors an horse, called by them equus publicus, because of the yearly allowance out of the common treasury to keep him: it was also called equus militaris, because of their service in war ( g Lipsius' de magnitud. Rom. l. 1. dial. 5. they having their horses kept as well in peace, as war.) They received also a gold-ring, h Alexan Genial. dier. li 2. cap. 29. whereby they were distinguished from the populacy: for it was not lawful for any to wear a gold-ring under the degree of a Senator, or a Gentleman. The estimation and value of a Senators estate i Suet. in August. until Augustus his time was octingenta sestertia, that is, 6000l. k Plin. lib. 33. cap. 2. Of a gentleman's estate it was quadringenta sestertia, that is, of our English money 3000l. 3. The third order, or degree in the Roman commonwealth was Populus, the populacy, or commons, which should exercise trading, manure the ground, look unto the cattle, etc. Where by the way we must understand that the base sort of the Romans, which did wander up & down to and fro, not settling themselves to any vocation, were not contained within this division: for unto them there was no name vouchsafed: but according to the Poet they were sine nomine turba; or as Livy saith, ignota capita, men of no account, and therefore of no name. CHAP. 4. De tertiâ divisione in Nobiles, Novos, & Ignobiles. THis division was taken from the right or privilege of having images; for they were accounted Noblemen, which had the images of their predecessors: Those which had their own images only were called Novi i. late-coyned nobles or upstarts. Sallust useth this word often in the disgrace of Tully calling him Novum & reptitium civem, one that lately crept into the city. The third sort called ignobiles were those that had no images, neither of their predecessors, nor of themselves. Before we proceed, we must understand, that it was not lawful for who would to have his own image, if he so desired; for none might be thus privileged, but those alone to whom the right of riding in a Curule chair belonged; & to these the right of images was permitted, as well for the credit of their house, as to incite others to the like achievements, when they would consider the divers ceremonies used unto these images in an honourable remembrance of those whom they did represent. Whence it followeth, that Ius nobilitatis is nothing else but Ius imaginis; insomuch that this word l Sig● de iur. Rom. l. 2 c. 20. Imago doth oftentimes signify Nobility: and the right of having Images with them, was the same as the right of having arms with us. m Alexan. Genial. dier. lib. 5. cap. 24. The superstitious conceit which the Romans had of these images was such, that upon festival days & all occasions of joy and mirth, those images should be beautified and adorned with garlands and flowers; upon occasions of grief and mourning they would take from them all their ornaments, making them in a manner to partake of their mourning. Some they kept in their private closerts, n Barthol. Latomus in Verrin. 7. others they exposed to the public view of passengers, placing them in the gates of their houses together with the swords, targets, helmets, ship-beakes, and such other spoils as formerly they had taken from their enemies; which it was not lawful for any though they bought the house so much as to deface. CHAP. 5. De quarta divisione Romanorum in Optimates, & Populares. THis fourth division of the Romans hath been occasioned through the faction & siding of the Citizens. Those (according to the description of o Cic pro Sextio. Tully) were Optimates i. the best citizens, who desired their actions might be liked, and approved by the better sort. Those Populares. i. popular, who through a desire of vainglory, would not so much consider, what was most right, as what should be most pleasing unto the populacy. So that here by this word Popular we understand not the commons, as formerly we did, p Geor Merula in orat. pro. Ligario. but be he Senator, Gentleman, or inferior, if he do more desire that which shall be applauded by the mayor part, then that which shall be approved by the better part, him the Romans called Popular i. such a one, that preferreth the popular applause before the right. CHAP. 6. De quintâ, & ultimâ divisione Romanorum, in Libertos, Libertinos, & Ingenuos: item de Manumissione. THe difference of freedoms in the city of Rome hath given occasion of this division: For he, or she that had served as an apprentice, and afterward was manumized, was named Libertus, or Liberta. The son whose father, & mother were once apprentices, was called Libertinus: but that son whose father and mother were both libertines, or both freeborn, q justin. inst. lib 1. tit. de Ingenuis. vid. Franc. Sylvium in Catilinariam. 4. yea whose mother only was free, was called Ingenuus i. freeborn. But after Appius Coecus his Censor-ship, than began Liberti, & Libertini to signify one, and the same degree of freedom: so that Liberti, and Libertini were taken for those which served for their freedom, and Ingenui were taken for those which were freeborn, whether their parents were Liberti, or Libertini. Here is occasion given us to consider the manner of their freedom, and such ceremonies which belonged thereunto. The freedom of the city of Rome was three ways obtained: First by birth, both or at least one of the parents being free, and such were called cives originarij. Secondly by gift, or cooptation, when the freedom was bestowed upon any stranger, or nation, and they were termed civitate donati: and so we read that Caesar did take in whole nations into the freedom. Lastly by manumission, which was thus; when as the servant was presented by his master before the Consul, or Praetor, the master laying his hand upon the servants head, used this form of words, Hunc liberum esse volo, and with that turning his servant round, and giving him a cuff on the ear, he did emittere servum è manu: The Praetor then laying a certain rod or wand called r P. Ramus i● orat pro C. Ra●●●●. Vindicta upon the servants head, replied in this manner, Dico eum liberum esse more Quiritum. Then the L●ctor or Sergeant taking the wand did therewith strike the servant on the head, and with his hand be struck him on the face, and gave him a push in the back, and after this he was registered for a freeman. Moreover the servant having his head shaved purposely at that time received a cap, as a token of liberty: whence ad pileum vocare aliquem, is, to set one at liberty, as likewise vindictâ liberare. Here we may also consider the two several kinds of servants: the first were called servi, and they could never attain to any freedom without the consent of their Master: s Dion Halicarn. lib 4. for those that were thus servi were commonly captives, either bestowed as a reward upon this, or that soldier, or bought sub coronâ, or of other citizens, which had gotten them one of those two former ways. The second were called properly t Sigon. de judiciis l. 1. cap. 31. nexi & addicti, because though they were free, yet by reason of their debt, addicebantur, that is, they were delivered up unto their creditors by the Praetor to work out the debt, so that after the payment thereof either by money or work, they did recover their liberty: whence they were said u Michael Toxita in orat. pro P. Quintio. nomina sua liberare, when they paid the debt: as on the contrary they were said, nomina facere, when they came in debt. And their creditors when they sued for the payment were said nomina exigere: Nomen in these and the like places signifying as much as Debitum a debt, x Fr. Silvius in epist. vir orum illust. l. 1. epist. 6. because the creditors did use to write down their debtor names. Lib. 2. Sect. 1. The general divisions of the Roman Gods. CHAP. 1. De dijs. THough Satan had much blinded the hearts of men in old time, yet was not the darkness of their understanding so great, but that they did easily perceive, and therefore willingly acknowledge, that there was some supreme governor, some first mover, as Aristot. saith: some first original of all goodness, as Plato teacheth. So that if any made this question, whether there was a God, or no? he should be urged to confess the truth of that rather argumento bacillino, quam Aristotelico, rather with a good cudgel, then with any long dispute. But as they were most certain, that there was a God, so were they again very blind in discerning the true God: and hence hath been invented such a tedious catalogue of Gods, that as Varro averreth, their number hath exceeded thirty thousand, and proved almost numberless. Wherefore I shall omit to make any distinct treatise of the Gods, intending obiter, and by the way to speak of them, which either had priests, or sacrifices instituted for them. Only I purpose to show what is understood by those general distinctions of the Gods, which divers authors have used. Tully lib. 2. de legibus reduceth all unto three heads, Gods celestial, which Varro calleth select, and others have styled God maiorum gentium i. of the greater nations, because their power was greater than the others. a Alex. Genial. dier. lib. 6. cap. 6. Alexander Neapolitanus saith, that twelve of these were the Penates, which Aeneas did take forth with him at the destruction of Troy. Ovid calleth them Deos nobiles, noble Gods: others call them Deos consentes, quasi consentientes, because jupiter would do nothing without the consent of all. Ennius hath delivered them in this distich, juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, Mercurius, jovis, Neptunus, Vulcanus, Apollo. The second sort of Gods were called Semidei i. demi-gods: b Servius. in lib. Georgic. also Indigites i. God's adopted, or canonised; men deified. For as the select Gods had possession of heaven by their own right; so these Gods canonised had it no otherwise then by right of donation, being therefore translated into heaven, because they lived as Gods upon earth: but because their merit was inferior, and could not parallel the deserts of the Gods select, therefore were they called Gods of inferior note. c In Aeneid. lib. 5. Servius would have these called Divi; observing this difference between Dij & Divi, that Dij should signify those which had been Gods perpetually, but Divi should signify men made Gods, though commonly they are used one for another. Whence they called all their emperors Divi, because for their deserts they thought them worthy to be Gods. Now the d Rosin antiq. l. 3. c. 18. manner how a man became deified was this: The party to be canonised being dead, a pile of wood was made in form of a great tent, or tabernacle, with three other lesser tabernacles one upon top of another, the lower-most having in it dry combustible matter, but in the outside adorned richly with gold, Ivory, & painted tables: upon the top of which was placed an eagle made of some light matter, as paper, or thin wood. Hither the dead corpse was to be carried with great solemnities; the Senate, the gentlemen, and all the chief magistrates going before, with hymns and songs, and all kind of honour, which was to be performed even to the Gods themselves. He being in this manner brought, and laid within the second tabernacle, the fire was kindled, by reason of the smoke and vapour whereof the Eagle was carried up into the air, and, as the Romans thought, it did transport the soul of the dead body into heaven, in so much that ever after he was canonised amongst the Gods, and worshipped as a God. And because they were thus turned into Gods, some have called them Deos animales, e Seru. in Ae● lib. 3. quoniam animae humanae verterentur in Deos. The third sort were those moral virtues, by which as by a ladder men climbed into heaven: and therefore did men style them Gods, because by their means men became deified. Late writers perceiving that all the number of the Gods could not be reduced unto these three heads, have added a fourth sort, which they f Rosin. antiq. lib. 2. c. 19 call Semones, quasi semi-homines, because ancient writers, as Rosinus hath observed, called men hemones, not homines. In which point I shall willingly condescend unto him; but I shall leave to the judgement of others, to determine how justly he hath restrained the God's minorum gentium of the lesser nations, only unto this last classis: whereas my opinion is, that the demi-gods, the moral virtues which have been styled Gods, and these Semones, may all of them be called Gods of the lesser nations, standing in opposition with the Gods select, which are called Gods of the greater nations. But that we may understand what is meant by these Semones, we must remember, that by them are signified unto us not those Gods, which do appertain to man himself, but to the necessaries of man's living, his victuals, his clothing, and the like: not to the being of a man, but to the well being of him, of which sort is Salus, Fortuna, with others. We read likewise of other names given in common to divers Gods, not as opposite members of a division, but as notes of distinction drawn from the diversity of help, which they severally did afford unto man. In this espect some were called dij Patrij, or tutelares, such as had undertaken the protection of any city, or town: which opinion hath sometimes been entertained by our Englishmen, and thence have risen these, and the like speeches S. George for England, S. Denys for France, S. Patrick for Ireland, etc. And the Romans being fully persuaded of the truth thereof, whensoever they went about to besiege any town, by certain enchantments, or spells they would first call out these Tutelar Gods; because they deemed it a matter impossible to captivate the city, as long as these Gods were within; or at least they thought it a crime unexpiable to take the Gods as prisoners. And lest other nations might use the same means in besieging Rome, therefore, g Silvius in epist. virotum illuctrium. as divers authors have thought, the true name of the Roman city was never known, lest thereby the name of their Tutelar God might be descried. Others namely the Tyrians have tied fast their God Hercules with a golden chain, thereby the more to secure themselves of his residence among them. h Alex. Gen. dier. l. 6. c. 4. Others have been called Dij communes, namely Mars, Bellona, and Victoria, because in time of war they are not bound to either side: but sometimes they help one side, and sometimes the other. And as they supposed some Gods to have the protection of whole countries, so did they believe that others had the charge of particular men; and that so soon as any man was borne two spirits did presently accompany him invisibly, the one termed the bonus Genius, or good angel, persuading him to that which should be good: the other called the malus Genius, or evil angel, tempting him to that which should be hurtful: insomuch that they thought all the actions of man to be guided by these angels called Genij, so that if any misfortune befell a man, they would say that the matter was enterprised Dijs iratis i. our Genius being displeased with us. Virgil calleth these bad Angels Manes, as it appeareth by that, Quisque suos patimur manes, i. Every man hath his evil Angel i. some misfortune. They are therefore called Genij, because they have tuition of us so soon, as we are Geniti i. borne, although every place had also his genius, as hereafter shall appear. This opinion was the more confirmed by a vision which appeared unto i Plutarch. in Bruto. Brutus in Asia near unto the time of his death: for Brutus, watching upon a certain night in his pavilion, the candle being near spent, saw a fierce tragical person appear unto him, somewhat bigger than a man, and he presently being of an undaunted spirit, demanded whether he were a God, or a man? To whom the vision answered, Brutus, I am thy evil Genius, which haunteth thee, thou shalt see me at the city Philippi again. And the same vision appeared unto him, as he was fight at Philippi: which was the last fight that ever he fought. And because that juno was wont to be invocated in time of childbirth, therefore many have thought that every man hath not his two angels, but one angel, and juno to observe him. This Genius, as often as he is understood for the good or evil angel which hath charge of a man's body, is painted in form of a man, as we read he did appear to Brutus; though some time he is painted as a young boy, sometime as an old decrepit man, k Rosin. Antiq l. 2. ca 14. but always with a crown of planetree, which therefore was called genialis arbour. In the right hand he held a platter over an altar garnished with flowers. In the left he held a scourge hanging down. The sacrifice that was performed unto the Genius was wine, and flowers: whereupon (as if by wine, and fragrant odours were signified all kind of pleasures) certain proverbial speeches have been occasioned: as when we see a man given much to his pleasure, and dainty feeding, we say he doth indulgere Genio i. pamper or make much of his Genius: on the contrary he that is abstemious, & debarreth himself of his pleasure is said defraudare Genium, to defraud his Genius: & Gentalis also signifieth jocund, or pleasant. l Vid. Erasm. Adag. It was also the custom after meals to have a cup pass round the table, much like unto our poculum charitatis, and it was called poculum bon● genij. But the reason, why they would not sacrifice unto their Genius by killing some host, as they did to their other Gods, was, because they judged it unfit to deprive any creature of his life upon that day, when they first begun their life. (For this sacrifice was performed yearly by every one upon his birth day.) The other Genius, which is supposed to have chief power over high ways, and places, being therefore called Genius loci, was pictured in the form of a snake, in which form Virgil feigneth him to have appeared to Aeneas, when he performed the funeral rites due unto his father Anchises, Aenead. lib. 5. — Adytis cum lubricus anguis ab imis Septem ingens gyros, septena volumina traxit. And Persius, Pinge duos angues, pueri sacer est locus, extra Meiite, i. duos genios. Another sort of Gods was supposed to have the keeping of men's houses: m Franc. Silvius in orat. pro Sext. Roscio Amer. which they painted in form of a dog: because those to whom the charge of houses is committed aught to resemble dogs, that is, to seem fierce, and angry towards strangers, but gentle, and kind to those of the household. They were named Lar, and because of the charge, they had over men's houses, this word Lar is sundry times taken for an house itself, as parvo sub Lare, Horat: in a little cottage, Homo incerti Laris i. a man that hath no house to dwell in. Sen. in Med. And the custom in sacrificing unto them, was to eat up all whatsoever was left of the offering. For they thought it an heinous matter to send any part of that sacrifice abroad either among their friends, or the poor: and thereupon when we see a glutton leave nothing in the platter, not somuch as the curtesymorsell, we say, Lari sacrificat i. he sacrificeth to his household God. Lib. 2. Sect. 2. Of the Roman Priests with some particular Gods. FAunus the ancientest of all the kings in Italy was the first, that brought any form of religion into Italy. He consecrated groves, gave names unto cities, erected temples, ordained sacrifices, etc. from whom the churches, as some say, were named Fana. But after Faunus, evander coming out of Arcadia, and afterward being king of Latium, he instituted, and appointed many other ceremonies, which before were unknown to the Latins. After him Aeneas coming from Troy, taught many of the Trojan ceremonies: by whose examples Romulus, and Numa were incited to add many other kinds of holy rites, and at length reduced their whole religion into a certain order. My intent therefore is, to speak first of the God, in whose honour these holy rites were performed, and then to descend unto the priests, which were to perform them, showing withal the ceremonies they used in the performance. CHAP. 1. De Pane Lycaeo, sive juno: de Lupercis, & Lupercalibus. PAn was supposed to be the God of the shepherds, and is a Servius in Virg. Ecl. 2. thus described: he is pictured naked, having horns in likeness of the sunne-beams, a long beard, his face red like the clear air, in his breast the star Nebris, the neither part of his body rough, his feet like a goat: in one hand he holdeth a pipe, in the other a shepherds crook, and always is imagined to laugh. b Fenestella d●●●cerd. c. 1. He was worshipped first in Arcadia, and there called the God Pan Lycaeus: but afterward he was had in great esteem at Rome c Fenest. 〈◊〉. and in the honour of him certain sacrifices, & games called Lupercalia were solemnized by the Romans. d Pomponius L●tus de Sacerdot. cap de Luper. There he took the name Inuus, or as some say junus. Concerning the time, when these sacrifices were to be performed; it was upon the e Plutarch. in Romulo. unfortunate days of the month February, which hath his name à februando, from purging: whence the feast or game is as a purification; though the Latin word signifieth as much as a feast of wolves, in a memorial that Romulus, and Remus were nursed by a shee-woulfe. This seemeth very probable, because the Priests, which were called Luperci began their course at the foot of the mount Palatine, called by the Romans Lupercal i. the place, where the wolf nursed f Plutarch. in Romulo. Romulus. The ceremonies were these: The host (being two goats) was to be slain; and two noble men's sons were to be present, whose foreheads being blooded with the knives of them that had slain the goats, by & by were to be dried up with wool dipped in milk. Then the young boys must laugh immediately after their foreheads were dry. That done they cut the goat's skins, & made thongs of them, which they took in their hands, & ran with them all about the city starknaked (saving they had a cloth before their privities) and so they struck with those thongs all they met in the way. The young wives did never shun them at all, but were well contented, to be stricken with them; believing it helped them to be with child, and also to be easily delivered. Moreover it is to be noted, that a dog was sacrificed at this time, because there is a natural antipathy, or contrariety of nature, between the dog and the wolf: whereby Romulus thought to testify his gratefulness unto the wolf for her pains in nourishing him. The reason why the priests ran up & down the streets naked, was, because that Pan the God of this sacrifice was painted naked. As the feast, so also the place from whence they came, and likewise the Priests had their names à Lupâ which signifieth a wolf. Some authors have observed three sorts of the Luperci, some called Fabiani, some Quinctiliani, from Fabius, and Quinctilius their governors the third sort, which g Rosin. antiq. lib. 3. c. 2. Rosinus affirmeth to have been added in the honour of julius Caesar, I cannot find according to his quotation in Suetonius. But thus much Suetonius saith in h Sueton. in August. another place, namely that Augustus Caesar when he was chief Pontifie did restore these games again being formerly abolished. CHAP. 2. De Cerere, & sacris eius. CEres otherwise called Eleusina was honoured first among the Grecians, afterward among the Romans, as a goddess, which first taught men the skill of husbandry. Prima Ceres ferro mortales vertere terram Instituit. Virg. Georg. Whence she is sometimes metonymic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken for corn, as Credenda Ceres aruis. Ovid. It is seed time. She is called Ceres, i Cic lib. 3. de not dear. quasi Geres, à gerendis frugibus, from bearing fruit: because, as some say, by Ceres is understood sometime the earth itself: whence also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being the greek name of Ceres is said quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. the earth, which is the common mother of us all. k Rosin. antiq. li. 2. c. 11. She is painted in the habit of a matron wearing a garland of corn; sometime sorrowful with a lamp in her hand, as if she were seeking out her daughter Proserpina carried by Pluto into hell; & sometime with a handful of corn or poppy-seed. Upon the fifth of the Kalends of April the Romans were wont to perform sacrifices unto her, which they called sacra Graeca i. the Grecian sacrifices as likewise they termed the chief woman which did perform them, sacerdotem Graecam i. the Greek ministress, because they were translated into Rome out of Greece by Evander. The time of their solemnities was at the dawning of the day, and the Priests, which were only women ran up and down with lamps in their hands in manner of mad women; into whose temple none that was guilty of any fault committed might enter: whose mysteries were to be buried in silence, and by no means to be blabbed abroad. And as it is to be supposed, that was the reason why all wine was forbade in this sacrifice. So that hence l Plautus in Aulularia. we say Cereri sacrificat, he sacrifices to Ceres, when he maketh a feast without wine. CHAP. 3. De Potitijs, & Pinarijs, Herculis sacerdotibus. Hercules' had an altar erected in the memorial of him near unto Tiber by Evander, upon occasion of the heards-mens' complaint brought unto Evander of him, whom they accused to have slain their chief herdsman Cacus, the history being m Seru. Aen. lib. 8. thus. Hercules after his conquest over Geryon brought away with him certain goodly Oxen, and as well to rest himself, as to pasture his oxen, he laid him down to sleep in a green field near the river Tiber. In the mean while a certain herdsman called Cacus happened to come that way, & perceiving Hercules to be in a sound sleep, he stole away two of his oxen, which he hid in a cave, or hollow rock, pulling them in by the tail back ward, thinking that Hercules when he should look his oxen, and see the print of the footsteps, would easily believe, that his oxen had rather gone out from that rock, then into it, as indeed he did for a time believe: but afterward by the bellowing of the oxen within, answering their fellows without, Hercules entered the rock, & finding the thief Cacus there with his oxen, he killed him, by reason of which murder he was brought before Evander, and after a while known to be the Hercules, of whom the prophetess Carmenta had foretold unto Evander, that he should be a God. Whereupon Evander presently saluted him by the name of Hercules the son of jupiter, and in honour of him caused an altar to be built there in that place: upon which yearly was to be offered up an heifer which had never borne yoke; and that this sacrifice might be had in the more esteem, two noble men well strooken in years, and of good repute among the Romans, one of them being called Potitius, and the other Pinarius were appointed as the Priests to perform these sacrifices; from whom ever after Hercules his Priests were called Potitij, and Pinarij. Where by the way we must observe, that Pinarius was not the surname of this old nobleman, but a name added unto him, intimating his, and his successors punishment for not coming soon enough according to the time appointed by Hercules. For, as n Seru. 〈◊〉 lib. 8. divers writers testify, the entrails of the host were almost eaten up by the family of Potitius, before Pinarius, & his family came; and in punishment of their negligence Hercules enjoined the Pinarij never after to eat of the entrails, giving them this name Pinarij at that time, from the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signifying hunger. CHAP. 4. De Fratribus arualibus. THis college or company of Roman Priests may be englished the Arvall fraternity: the number of them being twelve, eleven of them natural brothers, sons to Acca Laurentia Romulus his foster mother; o Fenest. de Sacerd. c. 3. for which respect Romulus yielded himself her adopted son, instituting this order in the honour of the Gods, that they being therewith appeased might the willinger cause the earth to fructify, and added himself to the former eleven as the twelfth priest or brother to help in the performance of this public sacrifice. Moreover beside the performance of this sacrifice, these twelve were appointed arbitrators, or judges to decide controversies concerning landmarks, and bounds of the field, from whence they took their name fratres Arvales. Their sacerdotal ornaments was a garland of wheat bound up with a white ribbon, this being, as p Plin lib. 17 cap 2. Pliny writeth, the first crown, or garland amongst the Romans. CHAP. 5. De sexaginta Curionibus. AFter that Romulus had divided the whole body of the Romans into three tribes, or wards, and subdivided those three wards into thirty parishes, called Curiae, he ordained out of each Curia two parish Priests or Curates called Curiones, or Flamines curiales; which were publicly to offer up sacrifice in the behalf of the people. Neither was every one equally capable of this honour of Priesthood; q Dion Halicar. lib. 2. but he was to be at the least fifty years old, of a life unspotted, and a body unmaimed. And over all these there was one which had chief rule, & therefore was called Curio Maximus, the Bishop, or chief Prelate: and these sacrifices were called Curionia. r Dion. Halicar. lib. 2. Their sacrifice being ended each parish had a ●east in a common hall built for that purpose: it was called Domus Curialis, & sometimes Curia. CHAP. 6. De Augur bus, & eorum Collegio. AMongst other kinds of Foretellers we read of three principally used in former time, namely, Aruspices, Auspexes, and Augurs: all which we english soothsayers, though the Latin words do import a main difference worth our observation. The Aruspices did divine, or foretell things to come by beholding the entrails of beasts sacrificed: whence they had their name, s Bened. Pe●er lib 2 de Magia. ab aras inspiciendo, from beholding the altars. The Auspexes did foretell things by beholding the flight of birds, so that Auspexes are said quasi avispices, ab aves aspiciendo. The Augurs did divine from hearing the chatting or the crowing of the birds: whence they are called Augurs ab avium garritu, from the chirping and chatting of birds. These two last kinds of sooth saying have occasioned these, & the like phrases, bonis avibus, or auspiciis, with good luck, malis avibus i. with ill luck: and because they would begin t Fr. Silvius in orat. pro Cluentio. nothing inauspicatò i. without the counsel of the Augurs, hence Auspicarirem hath been translated, to begin a matter. The college of the Augurs at Rome was first appointed by u Pomp. Laetus cap. de Augur. Romulus himself being very expert in soothsaying, there being at the first but three, namely one of each tribe: (The word Augur being not taken in his own proper sense, and signification abovementioned; but generally by the trope Synecdoche, signifying all kinds, and sort of divining whatsoever, whether it were by observing the entrails of beasts, the flying, screeching, & chatting of birds, or thundering, or lightning in the heaven, or marking the rebounding of crumbs cast unto birds, which kind of divining was called Tripudium.) x Rosin. A●●. lib. 3. cap. 8. Servius Tullius the sixth Roman king, when he divided Rome into four local tribes i. Regions, or quarters, than did he add the fourth Augur, all of them being elected out of the Patricij, or the nobility of Rome. y Rosin. ib. In process of time Quintus, and Cneius Ogulinus being chosen Tribuniplebis i. protectors of the commons, obtained that five other Augurs should be choose out of the commonalty, and added unto the former four: at which time the Senate decreed that the college of Augurs should never exceed the number of nine. z Rosin ib. Notwithstanding Sylla being Dictator added six more, insomuch that their college increased to the number of fifteen: the eldest of which was called a Alex. Gen. dier. l. 5. c. 19 Magister Collegij, the master, or Rector of the college. The Augurs excelled other Priests in b Alex. ib. this respect, because if any of them had been convinced of any heinous crime, he did net loose his office, neither was any other subrogated into his room, although the Roman custom was, that if any other priest had committed any notorious offence he should presently be discharged of his office, and another chosen in his place. c Pomp. Laetus. c. de Aug. The manner how the Augur did observe was this: He sat upon a castle, or a tower, the air being clear, and fair without clouds, or rain, holding a crooked staff, (called in Latin Lituus) in his hand, where he ●itting in his sooth saying rob, called Laena, & in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à calefaciendo, from heating, because it was well lined within, being guarded in the outside with purple and crimson guards) having his head covered, and his face turned toward the east, so that his back was westward, his right side southward, & his left northward. Being thus placed he quartered out with his crooked staff the heaven into certain templa i. Regions, or places, observing in what region the birds did appear: Then killing his sacrifice, and offering up certain prayers called Effata, he proceeded in manner as followeth. But first suppose we for our better understanding hereof, that now the Augurs were to resolve the people, whether the Gods would assent that Numa Pompilius should be King. The Augur having done as above is shown, his Lituus being in his left hand, he reached forth his right hand putting it upon Numa Pompilius his head, using this form of words, jupiter pater, si fas sit Numam Pompilium, cuius ego caput teneo, regem Romae esse, uti nobis signa certa, ac clara sint inter eos fines, quos feci i. If it be lawful for this Numa Pompilius, whose head I hold to be king of Rome, show some manifest tokens within these regions, or quarters, which I have described. Then if he observed lucky signs, and tokens, he presently pronounced Numa Pompilius king of Rome: if he perceived unlucky tokens, than did he obnunciare, or gain say, and show that the matter proposed was not pleasing to the Gods. Where by the way we must note, that nothing was confirmed by the Augurs without the appearance of two lucky tokens one after another; neither was any thing gainsaid by the appearance of one only evil token. The distinctions of the soothsay have been taken, some from the event, and thence are they called prospera, lucky, or adversa, unlucky. Some from the manner of their appearing, d Seru. Aenei. lib. 6. and that was either wished being called therefore impetrativa; or unwished called oblativa. Some from the diversity of things which offered themselves in time of divining, and so there were five distinct sorts: The first was by the observing of lightning, and thunder from heaven; the second from the flying, and chatting of birds; the third from bread cast to pullets, or little chicken; the fourth from four footed beasts, which either should cross the way, or appear in some unaccustomed place; the fifth from those casualties, whereby the Gods do make their anger appear unto us. Of this sort are those voices, which we hear we know not whence; (as e Vox subitò audita est, neque erat cognoscere promptum unde, sed audita est. Ovid. Met. lib. 3. ●ab. 1. Cadmus heard when he overcame the serpent) the falling of salt towards us at the table, the shedding of wine upon our clothes. From which casualties, & the like the Augurs would pronounce either good fortune, or bad to ensue: And these tokens were therefore called Dira, because thereby Dei ira nobis innotescit, the God's anger is made known unto us. Now the things that in divining time appeared on the lefthand were commonly tokens of good luck, because the giver's right hand in bestowing a benefit is opposite to the receivers left hand. Whence f Seru. Aene●. lib. 2. sinistrum though in human affairs signifieth as much as unlucky, yet in those holy rites of divining sinistrum is taken in a contrary sense, as Avis sinistra, good luck, Intonuit laevum, it hath thundered luckily, we shall have good success: and it is said a sinendo, because the Gods thereby do suffer us to proceed in our purposed projects. And therefore Tully saith, lib. 1. de divinatione, A sinistrâ cornice ratum, & firmum augurium fieri: and in the law of the 12. tables it is said, Ave sinistrâ populi magister esto. CHAP. 7. De Tripudijs, & pullarijs. THis kind of conjecting is called auspicium coactum, g Cic. de divina. lib. 1. quoniam necesse erat offâ cadere frustum ex pulli ore, cum pascitur, The word Tripudiumn is used by a syncopation for terripudium, which is as much as terripavium i. a dancing or rebounding of any thing upon the ground: for pavere is the same with ferire. h Hubert. in lib. 6. Ep fam. Cic. Others say Tripudium quasi tritio pedum It is here taken for a divining, or conjecting of good or evil to come by the rebounding of crumbs cast to chicken in a coop or pen: whence the Augur from these pullets or chicken was called Pullarius. i Alex. Gen. dier. l. 1. c. 29. The manner in observing was this. As often as by this kind of conjecting they desired to know the God's pleasure concerning the enterprising of any matter, early in the morning those that were skilful in this kind of observation, repaired unto the place where the chicken were kept, where silence being commanded, and the coop opened they cast crumms of bread to the chicken. Now if the chicken either came slowly, or not at all unto the bread, or if they walked up and down by it not touching it, than was it a token that the matter to be enterprised was displeasing unto the gods: but if contrarily the chicken did hastily leap out of the coop & eat so greedily of the crumbs, that some should fall out of their mouths again, than the pullarius, that is, the, Augur pronounced that it was well pleasing to the Gods, and encouraged the enterprising of what they had intended cheerfully: and this was called Tripudium solistimum. This kind of conjecting may seem to have its original from the Lycians, k Alex. ib. who as often as they desired to foreknow the success of any enterprise, they went unto a fountain dedicated to Apollo, into which they cast in baits for the fish: now if the fishes did eat them, it did betide good luck; if otherwise they neglected the baits, than it did be token some, evil event. CHAP. 8. De Aruspicibus, Aruspicinâ, & Extispicio. THis kind of sooth saiers as they were called Aruspices ab aras aspiciendo, from beholding the host upon the altar; so were they called Extispices, ab exta aspiciendo, from beholding the bowels, or entrails of the beast, called in Latin Extra. In this kind of sooth saying the Aruspex observed in manner as followeth. l Senec O●d. Act. 2. seen. 2. first whether the beast to be sacrificed came unto the altar willingly, without plucking, and haling; whether he died without much struggling, or loud bellowing; at one blow, or many; whether any unlucky object were seen, or heard by them, whiles they were sacrificing. Again after the beast was slain, then would they observe, whether the bowels were of an unnatural colour, whether they were not ulcerous, exsiccate, or impostumated: moreover they would divide the bowels into two parts, the one they would call partem familiarem, from whence they would foretell what should befall themselves, & their friends; the other they would call partem hostilem, whence they gathered predictions touching their enemies. Hence Manto in m Oedip. Act. 2. scen. 2. Seneca describing the entrails of his killed sacrifice saith, Hostile valido robore insurgit latus, meaning by hostile latus, partem hostilem. Afterward when the sacrifice was, to be burned, they considered, whether the flame of the fire was smoky, whether the smoke rolled, and tumbled in the air, whether it were of any continuance or no: for all these were unfortunate tokens, as the contrary did betoken a good and fortunate issue to their designments. These last which observed the fire & smoke were called by a more peculiar name Capnomantes smoakaugurers, from the greek words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signifying smoke, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. vates, or a soothsayer. The first instructions that the Romans received was from the Hetrusci, who (as they themselves say) received their knowledge from a little boy, which they named Tages, the history being thus. n Cic. de divinat. Indigenae dixēre Tagem, qui primus Hetruscam edocuit gentem, casus ape●ire futuros. Ovid Met. l. ult. When the Hetrtisci were ploughing their lands, upon a sudden up started this Tages out of one of the furrows using divers speeches unto the ploughmen: but they being much affrighted at this sudden, and strange vision, began with a loud cry to lift up their voices; upon occasion whereof many other people flocked thither, where he gave many good instructions concerning this kind of forth saying, which were presently recorded in books, and practised afterward by the Hetrusci. CHAP. 9 De Flaminibus. THe mitre or head-ornament which these Priests did wear, was called in old time o Rosin. antiq. lib. 3. c. 15 Flama, whence the Priests took their name Flamines. The p Rex Anius, rex idem hominum Phoebique sa cerdoes, Virgil. Aeneid. lib. 3. custom amongst the Grecians, as likewise afterwards among the Romans was, that the kings should as well perform ceremonies, & holy rites of religion, as civil business▪ But Numa Pompilius perecaving that foreign wars did often times occasion the king's absence, insomuch that those religious ceremonies which he himself personally should perform were of necessity sometimes neglected; hereupon he ordained out of the Patricij three priests to perform that divine service unto jupiter, Mars, and Romulus, which he himself otherwise aught to have performed, calling the first Flamen Dialis, the other Flamen Martialis, & the last Flamen Quirinalis, from Romulus, which was often called Quirinus. In process of time twelve others chosen from the commons were added unto these, but with this note of distinction, that the three first were had in greater esteem. & were called Flamines maiores, high priests; the other of less note called Flamines minores, inferior priests. The chief of all was the Flamen Dialis jupiters' high priest, & whereas every one did wear a certain bonnet in form of a mitre, which sometimes was called Pileum, sometime by the figure, synecdoche Apex, (whereas Apex doth properly signify only the top of the bonnet) q Alex. Gen. dier. l. 6. c. 12. none might wear Albo-galerum, i. a white mitre, but only jupiters' priest, and that was to be made of a white sheep skin, after the sheep had been sacrificed. Whatsoever malefactor could escape unto this Priest, he should not be punished that day. None was eligible into this office, but he that was married: neither was it lawful for him to marry twice, but if his wise died, Flaminio abibat i. he resigned his sacerdotal office. To him was permitted a rich rob of state, & a curule-chaire: none might fetch fire out of his house, unless it were to perform some sacrifice therewith. r Servius Aen. lib. 1. None might barb or pole him, but a freeman: and that with a brazen scissors. Many other ceremonies there were which concerned this Flamen, as likewise time added many other Flamines, namely s Fenest de sacerd. cap. 5. every God one, yea sometime those threescore parish-priests, which formerly were called Curiones, were called Flamines Curiales; and divers Emperors after their death had also their Flamines. t Alex. Gen. dier. l. 6. c. 12. Moreover we must note that those priests wives were called Flaminicae; Their ministers (for they were wont, when they went to sacrifice to take a boy or a maid with them) Flaminij, or Flamineae: And the Chiefe-flamen. dwelling house was called aedes Flaminea, or Flaminia. But as it seemeth probable Numa Pompilius, and so the other kings succeeding him did still reserve their right & authority in holy matters so far, that they would instruct other inferior priests, yea & personally perform some special sacrifices themselves: where upon after that the king's authority was abrogated amongst them, than that these sacrifices might be continued, they chose a certain Priest, which they preferred before the Flamen Dialis, but judged him inferior to the Pontifex maximus, or Arch-Pontifie, and him they called, Rex sacrificulus, and Rex sacrorum, the King priest. To him once every year the Vestal Nuns repaired, u Seru. Aeneid. 10. and used this form of words, Vigilasne Rex? Vigila. King art thou awake? awake. For unto him it did belong to bid holidays, and to provide all things nccessarie for public sacrifices. He was to instruct those that sought unto him, the causes of the holy days, and to tell them what was lawful or unlawful every month, and upon the fifth of the jes' dof januarie he sacrificed a Ram to janus. He was likewise wont to offer up a sacrifice in the comitium or great hall of justice, which being finished, he ran as fast as he could out of the market place without delay. His wife was called Rigina sacrorum, the Queene-priestesse, and was wont upon the Kalends of every month to sacrifice a porker or a lamb in her palace in the honour of juno. CHAP. 16. De mart, sive Mavorte, & Salijs Palatinis Marti dicatis. Mar otherwise called Mavors by the figure Epenthesis, we say Induperator for Imperator, was reputed the God of war, & so Metonymic●s is used for war; as vario mart pugnatum est, the battle was doubtful; proprio mart, by ones own strength, & labour. He was the son of juno only without company of her husband: for when juno was greatly displeased with herself, that jupiter by striking his head without company of a woman did bring forth the goddess Minerva, she by the counsel of the goddess Flora touched a certain? flower in the field of Olenius, by virtue whereof she immediately conceived the God Mars. This God by reason of his dominion in war, the Romans painted fiery, sometimes in his chariot, sometimes on horseback, with a javelin in one hand, and a scourge in the other. In old coins there was sometimes the picture of a cock joined with him, to show the vigilancy, and carefulness that soldiers are to use. He was called x Rosin. antiq. lib. ●. c. 10. Gradivus à gradiendo, from marching in battle against his enemies. He had a temple without the city, whence he was called Extramuraneus. y Rosin. Ibid. near unto this temple without the gate Capena did lie a stone of great note, which upon great droughts the people would bring into the city, and presently rain would follow, whereupon it was called the Raine-stone. Lapis manalis à manando, Numa Pompilius in the honour of Mars surnamed Gradivus ordained 12 dancing priests called Salijs à z Plutarch. in Numa. saliendo from dancing, which number afterward we find to have been doubled by Tullus Hostilius in the war against Fidena a town of the Sabines. The former 12 being called Salijs Palatini, from the Palatine mount, where they did begin their mauriske; the others Collini from the hill where their chapel stood; a Dion. Halicarn. lib. 2. and sometimes Quirinales, & sometimes Agonales: so that the Whole college contained 24 priests. b Plutarch. in Numa. The occasion of their first institution was this: upon a certain time in the reign of Numa, the plague or some other contagious sickness was very hot among the Romans, insomuch that no sacrifice, or holy offering could remove it: at that time a certain brazen target, or scutcheon called in Latin aenea pelta, or ancile, bog at both ends, but cut like an half moon on each side fell from heaven into Numa his hands, with a certain voice promising all health unto Rome so long as that brazen target could be kept safe. Whereupon Mamurius a cunningwork-man by the appointment of Numa made eleven other ancilia so like the first, that neither could be known from the other: (to the iatent that if any should be so wicked minded as to steal it, he might fail of his purpose by mistaking one for another.) These twelve Priests had the custody and keeping of them committed to their charge, & in the month of March every year they appareled themselves with a party coloured coat, called tunica versicolor, gird close to their body, with a belt, or sword-girdle, and a breastplate of harness called aneum tegmen upon that, & a rob of estate called trabea clasped about them upmost of all. Upon their heads they did wear apices i. caps c Dion. Halicar. lib. 2. much like unto the Persian bonnets called in greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They did somewhat resemble our headpieces in war made close unto the head, with a crest of cloth Upon the top, whence some have called them galeas. They being thus appareled danced about the Forum, or marketplace, & the Capitol with short swords by their sides, a iavelin in the right hand, and their ancile in the other; using certain songs either of the Gods, and those they called janualijs, junonijs, and Minervij; or of men, and those they called axamenta, because in those songs they did axare i. nominate and call upon the names of some well deserving men: as Mamurius which made those eleven scutcheons, was often called upon in those songs. Upon these their festival days they had excess of cheer, whence d Horat. lib. 1 Ode 37. Horace hath used saliares dapes, to signify dainty fare. CHAP. 11. De Foecialibus, & Patre-patrato. THese Foeciales were officers at arms, or Heralds, to denounce war, or proclaim peace, appointed thereunto at first e Pomp. Laetus de sacerd. by Numa Pompilius. f Dion. Halicar. lib. 2. The chief part of their office was to dissuade the Romans from molesting any confederate nation with unjust war: & if any confederate nation did offer injury unto the Roman people, them did these Foeciales go as Ambassadors unto them persuading, and exhorting them to yield the Romans their right: but if they continued thirty days obstinate refusing to yield unto that, which should be just and right, than did they presently denounce war against them, casting forth a dart in token thereof: which denunciation. was g Seru. Aenci. lib. 10. called clarigatio à clarâ voce, quâ utebatur Foecialis. Others are of opinion that whensoever war was denounced, this Herald at arms should h Vid. Erasm. adag. turn loose a ram unto their enemy's borders; signifying thereby that their fields should shortly become pasture for the Romans: from which custom we say of one that challengeth another into the field, Arieten emisit. Again if the Imperator, or Lord-general had done aught against his oath, these Foeciales by their sacrifice did avert the wrath of the Gods from him. The chiefest of them was called Pater-patratus, a perfect father: for he only could be Pater-patratus, which had both children of his own, and his father also alive. They were called Foeciales à foedere faciendo, from making a league or peace between nations. This league which we in Latin do call foedus, the Romans in old time i Pighius Septim. lib. 1. did call Fidus, as Ennins and Pighius witness: whence these Foeciales were termed also Fidei Flamines. CHAP. 12. De Duumviris, Decemviris, & Quindecimviris sacris faciundis: itèm de Sibyllis. THis priesthood had his first institution from Tarqvinius Superbus, whose office was as well to expound, as to keep the oracles of those ten prophetesses so famous through out the world, called Sibyllae. Concerning whom k Munster in sua cosmog. lib. 2. Munster hath these words: In times passed there came a strange woman to Tarqvinius the king offering 9 books full of the Sibylline oracles to be fold: But Tarqvinius thinking the books to dear, refused to buy them. The woman departing burned three of these books, and came the second time unto Tarqvinius, demanding as much for those six books, as formerly she had done for the 9 Tarqvinius then began to deride her, whereat the woman departed, and burned three more, returning again unto Tarqvinius, and ask as much for the three left, as she asked at first for all nine. Then began Tarqvinius more seriously to bethink himself thereof, and sent for his Augurs ask counsel and advise of them. And they understood by certain signs observed, that the king had refused some special goodness sent from the Gods: and for the books that remained they advised that the woman should have what she asked: As soon as the woman had delivered her books she presently vanished, and was never seen again, only warning them to keep the books as safe as possibly they could. For the safe keeping of these, Tarqvinius chose two of the noble men, or patricij, calling them Duumviri, appointing them as well by study to expound, as with care to keep those oracles. In process of time the people obtained, that ten should be appointed to this office, l Fenestel. de sacerd. c. 13. five of them being chosen out of the commons, & five out of the nobles: and then were they called the Decem-viri. Afterward by L. Sylla, as it is thought five more were added, so that they were then called the Quindecimviri: nay the number was increased by Sylla unto forty, m Seru. Aenei. lib. 6. as Servius thinketh, but still called by the name of Quindecimviri. Of these women that had the spirit of prophecy ten were very famous: the first was called Persica, the second Libyca, the third Delphica, the fourth Cumaea, the fifth Erythraea, the sixth Samia, the seventh Cumana, the eighth Hellespontia, the ninth Phrygia, the tenth Tiburtina. They a● prophesied of the incarnation of Christ. The place where these books were kept was within the Capitol under ground in a chest of stone, where they remained safe until the burning of the Capitol, at which time they also were burned. Notwithstanding many of the prophecies have been known, partly by tradition, and partly being taken out of other copies in other countries. One of the prophecies concerning our Saviour Christ was uttered by Sibylla Delphica in manner as followeth: n Munster. in sua Cosmog. lib. 2. Nascetur propheta absque matris coitu ex utero eius, that is, There shallbe a prophet borne without any copulation of the mother, even out of her womb. It was spoken at Delphos. All their prophecies, were of that certainty, that when we would aver any thing to be undoubtedly true, Credit me vobis folium recitare Sibyllae. we use to say it is Sibyllae folium, as true as sibylla's oracles. The Cumaea Sibylla did write her oracles at the mouth, or entrance of her cave in leaves of trees, which the fierceness of the wind did often times so scatter, that they could hardly be brought in order again: insomuch that when we would show the great difficulty of bringing things it order, we may use o Epist. lib. 1. epist. 1. Politian his words, Laboriosius est, quam Sibylla folia colligere, it is easier to gather together sibylla's leaves. This name Sibylla is not a proper nam●, but an appellative common to all women endowed with the spirit of prophecy, taking their denomination from p Seru. Aen●i. lib. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is in the Aeolic dialect the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. God, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. counsel, because they did open and declare the counsel & determination of God unto the people. It appertained also into these Quindecimviri abovementioned to see, that sacrifice and divine service, that supplications, and processions, expiations, and all ceremonial rites were duly performed. CHAP. 13. De Bonâ deâ, & sacris eius. THis Goddess, which is so famous by the name of Bona dea, is the globe of the earth, which is therefore termed Bona dea, the good goddess, because we reap so many good things from the earth. She is called also Ops the helping goddess ab open, from help, because by her help we live. She is called Fatua, and Fauna i. the goddess of speech, because young children do never speak until they are able to go, and so have touched the earth. The Grecians called her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the female goddess, because that no male might be admitted to her sacrifices; ●ay the very pictures of men were at that time to be covered. The inner room, where her sacrifices were, was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the place for women's assemblies. q Cic. orat. de Arusp. responsis. Those that were chief in these sacrifices were the Vestal Nuns. This good goddess was supposed to be the wife of Faunus, and upon a time to have been taken drunk with wine by him, for which fault Faunus is said to have beaten her to death with rods of myrtle tree. But afterward being sorry for that he had done, in amends he made her a goddess: and as it were ever after detesting the myrtle-tree, he allowing all other herbs, and flowers to be used in these sacrifices, for bad the myrtle-tree. Some say she was so chaste, that she never was seen by any man but her husband, and in respect of his chastity the myrtle-tree is forbid, because it was consecrated to Venus. But whereas in this sacrifice they used wine, they called it not by the name of wine, but milk or honey: r Alex. Gen. dier. l. 6. c. 8. whence they called the vessel wherein the wine was put, amphoram mellariam i. the honey vessel. This sacrifice became very famous by reason of Clodius, who being in love with Pompeia, julius Caesar's wife came unto these sacrifices in woman's apparel, & was found out by Aurelia, julius Caesar's mother. This Clodius became so infamous for this, and other his adulterous pranks, that he occasioned a common proverb amongst the Romans, Clodius accusat moechos, answerable to which our English saying is, One thief accuseth another. CHAP. 14. De Cybelle, & sacerdotibus eius. THis goddess Cybele, or rather Cybelle was in her infancy exposed unto wild beasts upon the hill Cybellus, where she being nourished by the wild beasts afterward became a woman of admirable beauty, & being found by a shepherds wife was brought up by her as her own child, and called Cybelle from the hill Cybellus. She excelled in all natural gifts, and was the first that used a taber, & pipe, and cymbals among the greeks. Moreover she tenderly loved children, and therefore was called magna ma●er: she was also called matter deorum, the mother of the Gods: Ipsa deûm fertur genetrix Berecynthia. Virg. She was called Rhea à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to flow, because she doth flow and abound with all kind of goodness. She was also named Pessinuntia from the city Pessinus a Mart-towne in Phrygia, where she had a temple. Moreover she was called Berecynthia from the hill Berecynthus in Phrygia, where she was worshipped. Her priests were called s Pomp. Lae●us de sacerd. Galli, and their chief governor Archi-gallus: they took their name from a certain river in Phrygia called Gallus: of which whosoever drank, he became so mad, that he would presently geld himself: (as in truth all her Priests were enjoined to geld themselves with a fish shell.) The original of which custom is rendered thus: Cybelle loved a young man of Phrygia called Atys: and him she appointed ●hiefe overseer for her sacrifice upon condition that he would keep himself chaste perpetually: But he not long after deflowered a nymph, for which fact Cybelle bere●t him of his wits and understanding, so that he in his madness did geld himself, and would have killed himself also, t Cybelêius Atys Exuit hac hominem truncoque induruit illo. Ou. Me●. had not the Gods in their commiseration towards him turned him into a pine-tree. In remembrance of him, ever after her Priests were gelded. Every year the Praetors did sacrifice unto this goddess. But the performance of the holy and religious tites at that time did belong unto a Phrygian man, and Phrygian woman chosen for that purpose: which according to the manner of their country being appareled with a party coloured garment called in Latin Synthesis, or amictus variegatus, and carrying the picture of their goddess about with them in the streets, they struck their breasts with their hands, keeping tune with the tabor, pipes, and cymbals, which other people following played upon: and they were called Corybantes from one Corybantus, which was one of her first attendants. And hereupon we call the cymbals aera corybantia. In this manner dancing about the streets they begged money of the people whom they met: and hence were they named Cybelle her collectors, or her circulatores i. jugglers. Some calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in this place signifieth Cybelle, called the great mother, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a beggar or gathere● of alms. u Rosin. antiq. li. 3. c. 27. Others have called them Mitriaci: But by what name soever they were called the place was so infamous by reason of their drunkenness, and uncivilitie used at these times, that when they would point out a notorious naughty fellow, they would call him c●rculatorem Cybelleium. Cybelle her juggler. Neither was it lawful for any free borne to undertake that office. CHAP. 15. De Collegio Pontificum, & Pontifice Maximo. THis word Pontifex is commonly translated a Bishop or Prelate, being called Pontifices in Latin, as also Pontifies in English from one part of their office, which was to have the oversight of a great wooden bridge called in Latin Pont sublicius, being so great, that carts and wanes might pass over it; having no arches to uphold it, but only great piles, and posts of wood: x Plutarch. in Numa. and that which is most remarkable in it, was that it was ●oined together only, with wooden pings, without any iron at all. Others are of opinion that they were termed Pontifices quasi potifices from potis, and facio, of which opinion Lucan seemeth to be, according to that, Pontifices sacri quibus est commissa potestas. Concerning the y Fenest de sacerd. number of them only four were appointed by Numa, all which then were to be choose out of the Patricii: afterward four more were added out of the commons. These were called Pontifices maiores, or chief Pontifies, to distinguish them from seven other, which afterward Sylla added, and z Rosin. antiq. lib. 3. c. 22. called them Pontifices minores, inferior Pontifies. The whole company of them was called the college of Pontifies. This college is privileged from all allegiance, being not bound to render an account of their doings either to the Senate, or Commonalty. They were to determine all questions concerning religion, as well between their priests, as between private men. They had authority to punish any inferior Priest, if he either detracted or added unto those religious rites, which were prescribed him. They had their great Pontifie, whom they called Pontificem maximum. These Pontifies were wont to exceed in their diet, insomuch that when the Romans would show the greatness of a feast, they would say it was Pontificia coena, i. according to our english phrase a feast for an Abbot. Coena adijcialis is taken for the same. CHAP. 16. De epulonibus. THe Pontifies in old time appointed three men, whom they a Lazius de Repub. Rom. lib. 3. cap. called Triumvi●os Epulonum (from Epulun a feast) to have the oversight of the feasts made at sacrifices; afterward by reason of two twice added, they were called first Quinqueviri, and at length Septemviri Epulonum. CHAP. 17. De Titijs. ANother sort of religious men there were which lived in the suburbs of the city & practised sooth saying; They were called Titij b Panciroll●● lib rerum deperdi arum cap. de mole Hadriani. from the name of the birds which they observed, which in latin were called Titiae. CHAP. 18. De Virginibus Vestalibus. near unto Castor's temple stood the religious house, or Nunnery dedicated to the goddess Vesta: where at the first were four, after 6. Virgins, or votaries elected, whose office was chiefly to keep the sacred fire: the extinction whereof proved ominous, and did portend some evil event shortly to happen: And therefore for their negligence herein, as for all other small faults, they being had into a dark corner, stripped naked; and a curtain drawn half way over them, the chief Pontifie scourged them: neither was it lawful to kindle the fire once put out, with any other fire, but from the sun beams; for which purpose they had certain instruments named c Plutarch. in Numa. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which were form in the manner of a pyramid, but hollow; so that the beams being collected within the circumference, & meeting in the vertex did easily kindle any combustible matter put unto it; but chiefly if the matter was of black colour: because, as philosophy teacheth, a dark colour doth congregate, or collect the beams, whereas whiteness doth disperse them. A second part of their office was to work reconciliation between parties offended, as appeareth by d Suet in julio. Suetonius: where we may read that by their intercession Sylla was reconciled to Caesar. They were chosen into this place between the sixth, and the eleventh year of their age: and they, were to remain in this Nunnery 30. years space, 10. years to learn their ceremonies and mysteries, 10. years to exercise them, & 10. years to instruct others: within which space if they had suffered their bodies to be defiled, they were to undergo that fear full punishment * Vid. s●p. p. 11. afore mentioned. But these 30. years being expired, marriage was lawful for them, so that they laid aside their sceptres, their fillets, and other their sacerdotal ornaments. Notwithstanding those which did marry in the end died fearful deaths: whereupon they chose rather to abstain commonly. The Romans had them in great honour, so that they never walked abroad, but with an iron sceptre in their hands, and whatsoever malefactor met then (if the Nun would take her oath it was by chance) he escaped punishment. They were named Vestals from their goddess Vesta, which word (as e Munst. in sua co●●og. lib. 2. c▪ 9 Munster writeth) is derived from the Hebrew radix signifying fire. The eldest was called Maxima Vestalis virgo i. the Lady prioress, or chief governess. CHAP. 19 De veterum sacrificiis & ritu sacrificandi. WHatsoever was burnt or offered up unto the Gods upon an altar it had the name of a sacrifice: and sometimes it was called victima, quod vincta ad aras stabat, because the beast to be sacrificed stood bound unto the altar. Sometimes Hostia, from an obsolete verb Hostio, which is to strike: because certain under officers called in Latin Popae (standing by the altars, all their upper part naked, and a laurel garland upon their head) did Hostiare victimam i. strike down and kill the sacrifice. Others are of opinion, that this name Hostia is taken from hostis, an enemy: according to that of Ovid. Hostibus à domitis hostia nomen habet: because either before war to procure the God's favour, or after war in token of thankfulness, they did hostiam ferire i. offer up the sacrifice. The second difference of sacrifices have been occasioned in respect of the time, and so they have been called Praecidaneae, or succidaneae, quasi praecedaneae & succedaneae. Those sacrifices which were offered up the day before any solemn sacrifice, were called Praecidaneae hostiae, fore-sacrifices, as we english praecursorem, a forerunner: which fore-sacrifices if by any token they found unlucky, then would they offer up a second sacrifice which they termed hostiam succidaneam: And because these second sacrifices were to be offered only in steed of the other, when they were unlucky or faulty; hence hath Plautus used this speech Meum tergum stultitiae tuae subdes succidaneun? Must I be whipped for thy fault? The manner of sacrificing was as followeth. Some certain days before any sacrifice was to be performed, the priest was wont to wash his whole body, f Vid. Eras●. Adag. especially his hands & feet, which if he had not washed, the sacrifice was accounted polluted: and alluding unto this custom we say a man doth Acoedere ad rem illotis manibus, or illotis pedibus, as often as he enterpriseth any business without due reverence or preparation thereunto. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesiod. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moreover the priest was to abstain from his marriage bed, as likewise from divers kinds of meats, and at the time of his going to sacrifices, either himself, or some inferior S●xton going before him, with a rod or wand in his hand (called commentaculum) g Plutarch. Numa. used this form of words unto the people: Hoc age, attend this you are about: which custom seemeth to have had its original from the Grecians. For before the time of sacrifice the Grecian Priest used almost the like speech unto his people. As 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. who is here? the people answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. many men, and good. After this preparation, than did the Priest laying his hand upon the altar, rehearse certain prayers h Seru. Ae●e●. lib. 1. unto the God janus and the Goddess Vesta: because the Romans were persuaded, that without their intercession they might not have access unto the other Gods. His prayers being ended then did he lay i P●ncirol li. re●●um deeper d●t. c de sale Ammoniaco. upon the beasts head a little corn together with a cake made of meal and salt, called in Latin Mola. k Textor in sua officina. Sparg● 〈◊〉 colla taurorum molâ Sen Oedip. Act. 2. ●c. 2 Mola erat far tostum, sale aspersum. From this ceremony the act of sacrificing hath been termed Immolatio. After this the soothsayer drank wine out of an earthen or wooden chalice called in Latin Simpulum or simpwium: It was in fashion much like our eywers, whence we power water into the basin. This chalice afterward was carried about to all the people that they also might libare i. lightly taste thereof l Pancitol. li. ●erum deeper dit cap de Ammoniaco ●ale. which rite hath been called Libatio. Now every one having tasted thereof, the rest of the wine with frankincense mixed in it was to be powered upon the beasts head, m Media inter cornua ●undit. Virg. Aeneid. between the horns, one crying out with a loud voice, Macta est hostia i. Magis aucta, more increased & made more pleasing unto the Gods; as Virgil saith, Macte nouâ virtute puer i. O good child which increasest in virtue. And hence even from this term, we may conject, that the word Macto, which signifieth to kill, & sometimes to sacrifice, hath had its original, because they did immediately after that voice, mactare hostiam, that is, slay the sacrifice, and that was done in this n Rosin. antiq. lib. 3. c. 33. manner. First the Priest did pluck off some of the bests hairs between the horns, & cast them into the fire, calling them his prima libamina i. his first offerings: Then did he turning his face toward the East, draw a long crooked knife upon the beasts back, commanding his under officers, which I called Popae (others Cultrarij, from their knife; Victimarij, from the host; and Agones, because they standing ready to give the stroke, often used this word Agon '? for Agóne i. must I to my work?) to kill the beast. The other people standing by, some did with vessels save the blood, others did flea or skin the beast; others washed it. Anon some soothsayer or Priest did observe the entrails, turning and winding them with a knife which was called Secespita, à secando: for he might not touch them with his hand, they concerting that if the sacrifice had proved polluted, his hand would then have perished. Now after the soothsayer or priest had sufficiently turned the entrails, and found no ●ll token therein, then did those Popae, or Church-butchers, cut off from every bowel some portion, which after they had rolled in barley meal, they sent it in baskets to the priest, and the priest taking it up into a broad charger or platter called discus, or lanx, laid it upon the altar and burn it, & o joach. Camerar. pro Flacco. this was properly termed litare, or Reddere i. to satisfy by sacrifice, or to pay the sacrifice, which was owen unto the Gods. After that the portion laid out for the Gods, had been burnt, then did all the people repair unto a common feast; where, as they were eating, they sung hymns, and songs in the praise of their Gods, and playing on cymbals, they danced about the altars; intimating thereby, that there was no part of their body, but should be employed in the service of their Gods. Now until all their ceremonies and mysteries were finished, it was not lawful for any to taste of this feast: insomuch that we since have used to check a glutton, or greedy-gut, which can not abstain from his meat till grace be said, in this manner, Sacra haud immolata devorat. Lib. 2. Sect. 3. Of the Roman year. CHAP. 1. De Anno & partibus eius. IT followeth that now we should descend unto those several appendices unto religion; namely the Roman year, their plays, their manner of feasting, their several kinds of garments, their Nuptials and Funerals. This word Annus is so called quasi Annulus, because (as the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. in se convertitur annus: which was the reason why the Egyptians in their mystical ciphers (called literae hieroglyphicae) did use the picture of a serpent, having his tail in his mouth to signify an year. The time or space of this year hath been divers, according to the diversity of nations. a Plutarch. in Numa. Some allowed no more days to an year, than we do to a month; and thence they called it annum lunarem. b Plutarch. ib Some allowed four months, some six months, some ten: And thus Romulus measured his year, counting that a sufficient time for an year, which was sufficient for a woman's travel in childbirth: or for an woman to mourn for the death of her husband. Quod satis est utero matris dum prodeat infans, Hoc anno statuit temporis esse satis. Per totidem menses à funere coniugis uxor Sustinet in viduâ tristia signa domo. Thus Romulus his year contained of months ten; of days three hundred and four: but after this, Numa, c Vid. Geor Merulam in orat. pro Q. Ligario. or as some say, Tarqvinius Priscus perceiving that the months did not always fall out alike every year; but sometimes the same month would happen in the summer, sometimes in the winter, thereupon after long study and many instructions from the Grecians finding the reason of this confusedness, he added unto Romulus his year fifty days, so that the whole year afterward was divided into twelve months; because the moon had finished her course 12. times in that space; Beginning their year then at january: because then in his iudgemnt was the fittest time to begin the year, when the sun being farthest from us did begin to turn his course, and to come unto us again; which is about januarie, the sun being about the Tropic of Capricorn. Afterward upon a superstitious conceit of the odd number, Numa added one day more unto january, so that whereas at the first Numa his year did agree with the Grecian year, both of them containing three hundred fifty four days; Now the Roman year contained three hundred fifty five days, which computation falling out too short for the true year by the space of ten days, and six hours yearly, it occasioned every eighth year the interposition of three whole months, which they called their leap year: d G Merula in orat. pro Q. Ligario. This confusedness afterward julius Caesar by long study remedied, adding the odd ten days unto Numa Pompilius his year. And lest the odd six hours might at last breed disorder in their computation, he appointed that every fourth year a whole day should be inserted, next after the three and twentieth of February; which inserting they called Intercalatio from an old verb Intercalo, and that day they called Intercalarem. Now the day following being the four and twentieth of February, was always the sixth of the Kalends of March, e G. Merula in orat. pro Q Ligar. and therefore because of the interposition of that day, they called the leap-year Annum bissextilem i. the year wherein there falled out two days which they called Sext. Calend. Martij. And the day thus interposed, was called dies bissextus. This computation which julius Caesar found out we have embraced, and do at this day follow, calling our year Annum julianum, f Rosin. Antony's Rom. lib. 4. and Annum magnum, having relation to the monthly year called Annus Lunaris; and sometimes this great year is called, Annus vertens à vertendo, because it is always turning, and running on. * Hubert lib. 3 epist. famil. 18. Moreover we must remember that the Romans did begin their year at March; whence that month which since hath been called julius in the honour of julius Caesar was by them called Quintilis, because it was the 5 month: and that month which since hath been called Augustus, in the remembrance of Augustus Caesar was by them called Sextilis, because it was their sixth month. Thus than the great year being divided into twelve months, every month was divided into three parts i. Calendas, Nonas, and Idus. For the better, understanding of which, I shall insert three common verses. Principium mensis nostri dixêre Calendas: Sex Maius Nonas, October, julius, & Mars, Quatuor at reliqui●tenet Idus quilibet octo. That is the first day of every month is called the Kalends of that month. The 2. 3. 4. 5. 6. and 7 of these four months, May, October, july, and March, were called the Nones of that month: but in all the other months the Nones contained but the 2. 3. 4. and 5 day, so that the fifth day (for example sake) of januarie was called Nonae januariae, or januarij, the fourth Pridie Nonarum, or Nonas jan. (For they used always to say Pridie Cal. Pridie Nonar. and Pridie Iduum, in steed of secundo Cal. Non. Id.) The third day of januarie, they called tertium Nonarum, vel Nonas januar. the second day of januarie they called quartum Nonarum, vel Nonas januar. After the Nones followed the Ides, which contained eight days in every month, so that the 15 day of the four aforesaid months, were called Idus Maij, Idus Octob. jaus julij, and Idus Martij. In all the other months, the 13th day was the Ides: as to proceed in januarie, the thirteenth day was called Idus januar. the twelfth Pridie Iduum, vel Idus januar. The eleventh tertio Iduum, or Idus jan. the tenth quarto Iduum, vel Idus jan. the ninth 5ᵒ Id. jan. the eighth 6ᵒ Id. jan. the seventh 7ᵒ Id. jan. the sixth 8ᵒ Id. jan. After the Ides than followed the Kalends of the next month. As the fourteenth of januarie was decimo nono Calendarum, or Calendas Februar.; the fifteenth decimo octavo Calend. Feb. the sixteenth decimo septimo Cal. Feb. etc. Where we must note that as often as we use Pridie, tertio, quarto, or any of those numerals with an accusative case, as Pridie Calendas, etc. the Grammarians say that this preposition Ant is eclipsed. It followeth now that I should treat of the days, which are the lesser parts of the year: where before we proceed we will consider the parts which the Romans divided their day into. Dies Civilis continet Lucen cuius partes sunt Diluculum. The break of day. Mane. The full morning. Ad meridiem. The fore noon. Meridies quasi Medidies. Midday, or quasi Merus dies. Perfect day, Noon. Demer die. After noon. Solis occasus. Sunset. Noctem cuius part●s sunt Crepusculum. The dusk of the evening. Prima fax. Candle-tining. Vesper. The night. Concubium. Bedtime. Nox intempesta. The first sleep. Ad mediam noctem. Towards midnight. Media nox. Midnight. De media nocte. A little after midnight. Gallicinium. Cock-crowing. Conticinium. All the time from cock-crowing to the break of day. The day and night again were each of them divided into primam, secundam, tertiam, & quartam vigilian, every watch containing three hours. The first of the night began at six of the clock in the evening, and the fourth ended at six of the clock in the morning. g Alex. Gen. lib. 1. cap. 12. These watches were distinguished by several notes and sounds of cornets or trumpets, that by the distinction and diversity thereof, it might easily be known what watch was sounded. Moreover we must understand that the Romans, upon a superstitious conceit, and observation of misfortunes and evil events falling out on some days, and more happy success upon others, have called the former sort of days Atros dies, & the latter sort Albos dies, h Vid. Erasm Adag. unione signare. borrowing the names from the Scythians, who used to chalk out the fortunate days in their Calendars with white characters, whence Horace saith, Cressâ non careat pulchra dies notâ. Othersome, as their unfortunate and unlucky days, were noted with a coal or black character, according to that, Nigro carbone notatus. Again their Calendar distinguished some days for Holidays, which they called Dies festos, festival days, or dies Feriatos, & Ferias, Holidays, i Ascensius in epist. 3. illust. vir. lib. 2. because they did upon such days Ferire victimas i. offer up sacrifices. Others were distinguished for working days, which they called Profestas quasi procul à festis. The third distinction was of halfe-holy-days, which ab intercidendo, they called Dies intercisos as it were days cut asunder: the one part of them being allotted for worldly businesses, the other for holy and religious exercises. k Rosin. antiq. lib. 4. c. 3. These feriae were either privatae, and so they belonged sometime to whole families, as Familiae Claudiae, Aemiliae; juliae, etc. sometimes to private persons, as every one his birth day, particular expiations, etc. or else they were Publicae, such as the whole commonwealth did observe: and they were of two sorts, the one called Anniversaria, which were always to be kept on a certain day, l Alex. Gen. dier. lib. 5. c. 7. and thereupon they were called feriae stativae; the other conceptivae which were arbitrary, and solemnized upon such days as the magistrates and priests thought most expedient, whereof the Latinae Feriae were chief: which Latinae Feriae were kept on mount Alban to jupiter Latiar, for the preservation of all the Latin people in league & confederacy with the Romans, and were solemnized in memory of the truce between those two nations. Those feriae which were called m Alex. Gen. dier. lib. 5. c. 7. Imperativae & n Seru. Aenei. lib. 1. Indictivae, because the Consul, Praetor, or chief Pontifie, according to their pleasure imperabant, & indicebaut has i. commanded them, may in my opinion be contained under that member of Feriae conceptivae, in respect of the uncertainty of them. Another distinction of days is found in the Roman Calendar, to have been in Fastos, whole court or leet-days; Ex part Fastos, Half court days; Nefastos, Non-leet days: though this word Nefastus be often expounded unlucky, as in that of o Carminun. lib 2. Ode. 13. Horace touching the tree, Ille & nefasto te posuit die i. He planted thee in an unhappy time. These days were so called à fando, from speaking; because upon those days which were Fasti, the Praetor, or L. chief justice might lawfully keep court and administer justice, which was not done without the speaking of these three words, Do, Dico, and Addico; p joach. Camerar. pro Flacco. Dabat actionem; dicebat ius; Addicebat tam res, quam homines. Where by the way we must note, that sometimes these court days were also called dies comitiales, because that q Bersman. in suis annot. in Rome Calend ad finem O● Fast. upon every such day as the comitia i. the public assemblies were held, it was lawful to keep court: whence not only comitialis dies doth signify a law day, but comitialis homo also doth signify a wrangler in the law, or a litigious person. CHAP. 2. De Ludio. THis word Ludus hath divers acceptions, sometimes it is taken for a jest or scoff, as ut me ludos facit? How he scoffeth me? Sometimes for a place of exercise where any feat is learned, as ludus literarius, a school for learning; ludus gladiatorius a fence-school; and Aperire ludùm, to set up a school. Sometimes for any game, pastime, or sport publicly exhibited, either that thereby the Gods might be appeased, or the applause and favour of the people gained. These games from the diversity of the place where they were had, may be divided into ludos compitales, circenses, & scenicos. Compitales were such as r Alex. Gen. dier. lib. 6. c. 19 usually were solennzied in compitis. i. in the crossways and open streets. Circenses were circque-shewes, taking their appellation either from the great circque, or shewplace, called Circus Max: where the games were exhibited; or from the swords wherewith the players were environed, as one would say Circaenses. They much resembled those Grecian games, called certamina Olympica, where the runners with chariots were hemmed in on the one side with the running river, and on the other with swords pitched point-wise, that they should hold on the race directly, and not serve aside without danger. s Rosin. Antony's lib. 5. cap. 5. Some have thought them to be the same with ludi Gymnici, so called from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, naked; because that those which did perform these kind of exercises did either put off all, or the greatest part of their clothes, to the intent that they might the more readily and nimbly perform their games; for which purpose they did also anoint their bodies with oil: t Vid. Erasm. adag. operam & oleum pe●dere. Whence we say when a man hath lost his cost, and labour, Operam & oleum perdidit; oleum in this place signifying cost & charges: so that the proverb was the same with that of u Macrob. lib Satur. the cobblers crow, opera & impensaperijt. The games and Masteries used in the circque were divers; namely fisticuffs, fencing with swords, shaking the spear, dancing in plain ground, leaping, jumping, casting the dart, wrestling, running the race with chariots, which was called certamen bigarum vel quadrigarum; playing at whorle-bats, which was termed believe coestu; casting or hurling the great stone called discus; though sometimes this discus was made of iron or brass: The players thereat were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to dart or cast out any thing. The third sort of plays were ludi Scenici, stageplays. The reason of this name scena may be seen * Vid. pag. 14. before. x Lazius de Repub. Rom. lib. 10. cap. 11. The first institution of them was occasioned by reason of a great sickness, which by no medicinary help could be removed; The Romans superstitiously conceiting, that some new games or sports being found out the wrath of the Gods would thereby be unarmed. y Alex. Gen. dier. l. 6. c. 19 Whereupon about the four hundredth year after the building of Rome they sent for certain stage-players out of Hetruria, which they called Histriones from the Hetruriam word Hister, which signified such a player. Concerning the divers kinds of stageplays I read of four, called by the Grecians, Mimicae, Satyrae, Tragoediae, Comoediae: by the Romans Planipedes, Attellanae, Praetextatae, Tabernariae. In English, Fables mimical, Satirical, Tragical, Comical. These mimical players did much resemble the clown in many of our English stageplays, who sometimes would go a-tiptoe in derision of the mincing dames; sometimes would speak ful-mouthed to mock the country-clownes; sometimes upon the top of their tongue to scoff the citizen. And thus, by their imitation of all ridiculous gestures or speeches, in all kind of vocations, they provoked laughter; whence both the plays and players were named Mimi, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Imitator, or one that doth apelike counterfeit others: as likewise they were called Planipedes, because the Actors did enter upon the stage planis pedibus i. z Alex. ib Excalceati barefooted. The second sort of plays were called Satyrae, a Antesignan in suis obser. de metris comicis. Teren. praefixis. from the lascivious and wanton country-Gods called Satyri, because the Actors in these Satirical plays, did use many obscene poems, and unchaste gestures to delight their spectators. afterward these kind of actors as we may conject, did assume such liberty unto themselves, that they did freely and without controlment, sharply tax & censure the vices even of kings, as well as of the commons, insomuch that now we call every witty poem, wherein the lives and manners of men are sharply taxed, A satire, or satirical poem. b Vid Erasm. adag. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Satyra mordax fuit & salsum genus carminis. These satirical plays were also called Attellanae, from the city Attella in Campania, where they were often acted. The third sort of stageplays, were called Tragoediae, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a goat, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an ode or song; because the actors thereof had a goat given them as a reward. And likewise they were called Praetextatae, from Praetexta, a certain Roman rob, which these actors did use to wear in their plays. The fourth sort were comoediae, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth villages, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: because these kind of actors did go up and down the country acting these Comedies in the villages as they passed along. They were likewise called Tabernariae à tabulis i. from the boards or pentices wherewith they were sheltered from the weather, whiles they were acting. These two last sorts of plays, namely Tragedies & Comedies being still in use amongst us, it will be worth our labour to consider the communities, wherein they agree; & likewise the proprieties or notes of distinction by which they differ. I find three sorts of parts, wherein they agree, namely parts primariae, accessoriae, circumstantes; parts principal, accessary, and circumstances, which are not so truly parts, as accidental ornaments added to beautify the plays. The principal parts are 4. in respect of the matter treated of. For as far as the declaration or exposition of the matter in hand reacheth, without intimation of the event to ensue, so far reacheth the first part called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which word signifieth no more than a proposition or declaration. But when the play inclineth to its heat & trouble, them ensueth the second part called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth the intention or exaggeration of matters. The third part is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. the state and full vigour of the play. The last part which is an unexpected change into a sudden tranquillity and quietness is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: whence by a metaphor it hath been translated to signify the end, or period of any other thing; or rather the inclination unto the end, as vitae, humanae catastrophe, the end of a man's life. In respect of the players forsaking the stage, the parts were five; namely the five Acts. For the Actors did five times in every Comedy and Tragedy forsake the stage, and make as it wear so many interruptions. The occasion whereof is supposed to have been this, That the spectators might not be wearied out with a continued discourse or action, but that they might sometimes be delighted with variety intermixed. For those breaches and chasmes between each act, were made up and supplied, either by the Chorus, or Music. Where we must note, that every Tragedy and Comedy must have five Actus, and no more, according to that of Horace. Neuè minor quinto, neù sit productior actu Fabula.— Again we must remember that it is not necessary that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 should always be contained in the first Act, though many times it happeneth so: for in Plautus his bragging soldier the Protasis is found in the second Act: and so likewise have the other three parts i. Epitasis, Catastasis & Catastrophe their bounds unbounded. These Acts are divided into several scenes, which sometimes fall out more, sometimes fewer in every Act. The definition of a scene being c Vid. Erasm. Adag. Mutatio personarum: Whence we call a subtle Gnatho, which can humour himself for all persons and times omnium scenarum hominem, A man fit for all parts. Now amongst the Romans it was thought unfit, that above three persons should come on the stage in one scene. Nec quarta loqui persona laboret. Hor. The parts accessoriae in a Comedy are four, Argumentum, Prologus, Chorus, & Mimus. The first is the matter or subject of the Comedy: the second is the Prologue, which is either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as doth open the state of the fable, at which time there needeth no argument; or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as commendeth the fable, or the Poet unto the people; or lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such as shall refute the objections and cavils of adversaries. The third is Chorus, which speaketh between each Act; and this Chorus may consist either of one, or many speakers, & that either male or female: d Rosin. of't. cap. de trag. & come. lib. 5. but with this caution, that if a male be to be commended, then must the Chorus consist of males; if a female be to be commended, then must it consist of females. And always whatsoever the Chorus speaketh, it must be pertinent unto the Act past, or covertly intimating somewhat ensuing. — Non quid medios intercinat actus, Quod non proposito conducat & haereat aptè. Horat. The fourth and last accessary part, was Mimus the clown or fool of the play. Of all these parts 〈◊〉 tragedy hath only a Chorus. The parts circumstantes, or accidental ornaments were four, common to both, Titulus, Cantus, Saltatio, Apparatus i. the title of the play, Music, Dancing, and the beautifying of the scene. By the Scene in this place, I understand the partition between the player's vestry, and the stage or scaffold. This partition at the acting of a Tragedy was underpropped with stately columns & pillars, and beautified with paintings resembling princely buildings, and the images as well of Gods as Kings. At the acting of a Comedy country-cottages and private buildings were painted in the out face of the partition. In the Satirical plays the painting was overcast with shadows of mountains and woods: The e Alex. Gen. dier. l. 5. c. 16. first of these partitions they called Scenam Tragicam, the second Comicam, the third Satyricam. The differences between a Tragedy & a Comedy which may be collected out of f Antesig. in suis observ. de metris comicis Teren. praefixis. Antesignanus are these: first in respect of the matter, because a Tragedy treateth of exilements, murders, matters of grief, etc. a Comedy of love toys, merry fictions, and petty matters, the one being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In a Tragedy the greatest part of the Actors are Kings and Noble persons; in a Comedy private persons of meaner state and condition. The subject of a Comedy is often feigned, but of a Tragedy it is commonly true, and once really performed. The beginning of a tragedy is calm and quiet, the end fearful and turbulent; but in a comedy contrarily the beginning is turbulent, and the end calm. Another difference which Antesignanus hath omitted is behoveful for us to know, namely that the Tragedians did wear upon the stage a certain shoe coming half way up the leg in manner of buskins, which kind of shoe was called by them Cothurnus, and from that custom it hath been occasioned, that Cothurnus is translated to signify a Tragical and lofty style; as Sophocleo digna Cothurno, matters beseeming Sophocles his style: & sometimes a tragedy itself. The Comedians did use an high shoe coming up above the ankle, much like a kind of shoes which ploughmen use to wear to keep themselves out of the dirt. This kind of shoe is called Soccus, by which word sometimes also is signified a Comedy, as Hunc socci cepere pedem, grandesque Cothurni. Horat. g Antesig. ib. All these sorts of stage plays both mimical, Satirical, Tragical, and Comical, if they were acted according to the Grecian rite and custom, than were they called Palliatae, from pallium, a certain mantle which the Grecians did use to wear: if according to the Roman manner, than were they called from the Roman gown Togatae. Another division of plays hath been taken not from the place where they were exhibited, but from the final cause or reason why. Some were celebrated in the honour of the Gods, & they were named Ludi sacri; others for the performance of some vow, being called therefore Ludi votivi; others for the more solemn celebration of funerals, whence they were called Ludi funebres: lastly others for sport and exercise called therefore Ludi ludicri. Unto those sacred or holy plays belonged these; ludi Megalenses, otherwise called Megalesia, which were sports solemnized in the honour of Cybele; Cereales, sports in the honour of Ceres; Florals, in the honour of the goddess Flora; Martiales in the honour of Mars; Apollinares in the honour of Apollo, etc. The votivi ludi were also performed in the honour of some God, but they were distinguished from ludi sacri, because these votivi were performed only upon occasion of some special vow made: for whensoever the Romans did undertake any desperate war, than did some Roman magistrate Vovere ludos vel templa, conditionally, that they got the conquest. h Ascensius epist. viror. illust. lib. 5. Whiles the magistrate uttered this his vow, he was said Vota nuncupare or facere vota i. to make a solemn vow unto the Gods; The vow being thus made, he was said to be votireus. i. conditionally bound & obliged to the performance of this vow, so that the Gods might challenge the thing vowed as due debt, if they granted his request. But the request being granted, then was he said damnatus voti, vel voto i. simply bound to the performance of it; so that by a consequence Damnari voti vel voto, is to have ones desire accomplished. The third sort of plays, which we called ludos funebres, was fencing and playing of prizes, the custom among the Romans being, that at the funerals of their friends, they would procure certain slaves and captives to join combat upon the Amphitheatre, until one of them had been killed; whence those fencers were called Bustuarij, from bustum, the place where dead men's bodies were burned. They first began their fight with certain cudgels, or yards called Rudes & after ward went to naked weapons (& that was termed dimicare & versis armis pugnare, this word versis signifying mutatis according to i Saturn. sermon. l. 2. c. 19 Lipsius) whereat they fought till one was killed; neither was the other so acquitted, but he stood liable to undertake another, & so a third, until he had foiled six or seven combatants: and if his hap were to prevail so often, then did he receive a garland or coronet of palm tree, wound about with certain woollen ribbons called Lemnisci. k Fr. Silvius in orat. pro Sex. Roscio. The coronet itself was called therefore palma lemniscata: and hence figuratively hath palma been translated to signify the victory itself; and l Fr. Sylu. ib. such a man as hath often gotten the prize, we say proverbially, that he is Plurimarum palmarum homo. The reason why the palm tree rather than any other tree should be given in token of victory is rendered by m Arist. prob. 7. Plut. symp. 8 q 4. A. Gell. lib. 3. cap. 6. diverse good authors to be this; because the palm tree, though you put never so ponderous and heavy weight upon it, yet it will not yield, but rather endeavour the more upward. After he had foiled six or seven, he received one of those staves or cudgels also, wherewith they began their combat, in token of liberty; signifying thereby, that he should hence forward lead his life free from shedding of blood. Alluding unto which custom this word n Eras. Adag. Rudem accip. Rudis hath been used to signify any other kind of freedom, or discharge, whereupon Horace said of himself, that he was Rude donatus i. set at liberty, and discharged from his pains in poetry. The last sort of plays called Ludi ludicri, were either military to train up young men in the knowledge of the art military, and those were called ludi castrenses: or else they were only for exercise, namely running the race, justing, or tournaments, which were called sometimes Troianus ludus, sometimes o Suet in julio. Caes. c. 39 Troia without any other word added thereunto, p Rosin. Ant. lib. 5. cap. 29. because Ascanius Aeneas his son first brought them out of Troy into Italy. CHAP. 5. De mensis & convivijs Romanorum. BEfore we proceed unto the description of the Roman tables, and manner of their feasting, we will explain those five terms jentaculum, Prandium, Merenda, Coena, & Comessatio: which five words do signify the five several feedings each day, which children, old men, servants, travelers & such like did usually observe. jentaculum signified their breakfast, and it had its name like as our English word hath a jeiunio from fasting. In former times it was called q Rosin. Antiq. l. 5. cap. 27. Silatum from Sile, with the root whereof they were wont to season that wine, which they had at breakfast. For (as r Plutarch. in symp. l. 8. q 6. Plutarch saith) their breakfast was nothing but a sop dipped in wine. In the same place he likewise saith, that in old time they had no dinner, but that which we call prandium, was the same with them as ientaculum; & thus much the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a dinner doth intimate. For it is so said quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which Plutarch interpreteth the morning. And therefore, when through Epicurism this dinner time called prandium crept in as a distinct meal, it was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth in continent, or one which cannot temperate himself. s Plutarch. in symp. l. 8. q. 6. The name prandium is said quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying noontide. The third time of taking meat, was called Merenda, because it was taken post meridiem; we may english it our afternoons boever; it was called also Antecoenium, because it was taken a little before supper. t just. Lips▪ ep cent. 1. ep 65. Merenda est cibus qui declinante die sumitur, quasi post meridiem edendus, & proximè coenae; unde & Antecoenium à quibus●am dicitur. The fourth time was their supper called coena, quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth as much as common. u Plutarch. in symp. ib. Quia antiquitùs seorsim solebant prandere Romani, coenare cum amicis. Their fifth & last time of feeding, was called in latin comissatio by some, by most x Laevinus Torrent. in Suet. Vitell. vid. Rosin. antiq. l. 5. c. 27. comessatio à comedendo. y In orat. pro M. Coelio. joannes Tistinus saith that it is a boever taken after supper, or a night drinking. But the chief feast whereat z Lazius de Repub. Rom. lib. 3 cap. 3. they gave entertainment being their supper, we will consider these three things therein. First Accumbendi vel discumbendi rationem i. the manner of their lying at supper (for they sat not at table as we do.) Secondly, the form & fashion of their table; and lastly the parts of their supper. The place where they supped was commonly called coenaculum à coena, as our dining-chamber is so called from our dinner. It was also called Triclinium or Biclinium from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a bed: for sometimes there were three beds, sometimes but two about the table, upon which the guests did sit, or rather lie along. In this dining parlour was placed a table, sometimes made quite round; and for the common sort of people it was made of ordinary wood, standing upon three feet; but for men of better fashion, it was made of better timber, inlaid sometimes with wood of diverse colours, sometimes with silver, and it stood upon one whole entire foot made of ivory in the form of a great Lion or Leopard, etc. sometimes this table was made in the form of an half moon, the one part of it being cut in with an arch or semicircle, and then it was called Sigma, because it did much resemble the letter Sigma, a just. Lips. cent. 1. ep. 65. which (as it appeareth by certain marble monuments) was in old time made like a Roman C. If any man should demand the reason why they cut their table in that form, I must confess that I have not read any reason in any author: but my conjecture is this. It is agreed upon by all authors, that in the round tables the one quarter was reserved void from guests, that the waiters might have a convenient roomth to attend. Thereupon it seemeth not unprobable to me, that this crooked arch was made for the waiters. I acknowledge that this Sigma hath been translated diversely by divers writers, as it appeareth by b just. Lip. ib. Lipsius. By some it hath been taken for the parlour or supping chamber; (Lipsius in his Antiquities) by others for the supper, or feast itself; so Coelius thought. By Lipsius since it hath been thought a certain place erected in manner of an hemicycle, or half-moon, against which they did place their beds: but Brodaeus & Ditmarus (in my opinion) have more truly taken it for the table itself. About the table that was perfectly round were placed three beds, covered with tapestry or some other kind of covering, according to the wealth and ability of the person: and thus strato discumbitur ostro, the beds being ready furnished the guests lay down on them in manner as followeth. Each bed contained three persons, sometimes four, seldom or never more, except at their great feasts. Many times it fell out, that each guest had his bed to himself, whence c A. Gel. 〈◊〉 Attic lib. 13. A. Gellius saith, that the number of guests should begin with the Graces, and end with the Muses i. they must not be fewer than three, nor more than nine. This also hath been the reason of that Adage. d Alex. Gen. dier. l. 5. c. 21. Septem convivium, novem convitium faciunt. If one only lay upon the bed, than he rested the upper part of his body on his left elbow, the lower part lying at length upon the bed: but if many lay upon one bed, than the uppermost did lie at the bed's head, laying his feet behind the second his back: the second rested his head in the others bosom, having a cushion put between, laying his feet behind the third his back; in like manner the third & fourth did lie. They divided their supper into three parts; which they called their first, second, and third mess. In the first mess commonly was served mulberries, lettices, sausages, and always eggs; as likewise in the last mess were served, nuts, figs, grapes, but always apples: e Pancirol. li re●um deperdit cap. de cibi capiendi modo. whence we say proverbially ab ovo ad mala, from the beginning of the feast to the end, or simply from the beginning of any thing unto the end thereof. The middle mess was the main supper, and the chief dish thereof was called caput coenae. CHAP. 4. De Romanis vestibus. WE may observe in reading old authors, that as well the Romans as the Grecians had divers distinct habits, or outward vestments. The Grecians had their Mantile called Pallium; the Romans their gown called Toga, and by this different kind of garment the one was so certainly distinguished from the other, that this word Togatus was often used to signify a Roman, and Palliatus a Grecian. f Sigon. de iudic. lib. 3. cap. 19 Togati pro Romanis dicti, ut Palliati pro Graecis. Before we proceed, we will first observe what this Toga was, & then how many sorts there were. g Mic. Toxita in orat. Philippic. 2am. Toga à tegendo dicta est. It was made commonly of wool but according to the worth and dignity of the person, sometimes of courser, sometimes of finer wool. As we may collect by that of Horace, — Mihi sit toga, quae defendere frigus Quamvis crassa queat— h Mic. Toxita ib. We must note with Toxita, that no women of any credit did wear the Roman gown, but instead thereof did use a garment called stola from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying demitto, quòd usque ad talos demitteretur: whence old Poets, when they would point out unto us an infamous or lewd strumpet, they would term her i Rosin. of't. Rom. Mulierem togatam. k Sig. de iud. lib. 3. cap. 19 This toga sometimes was worn open and untuckt; then was it called Toga aperta: other times it was tucked up, & then it was called toga praecincta. This cincture or girding up of the gown was according to l Sig. ibid. Sigonius threefold; Cinctura laxior, Astrictior, and Cinctus Gabinus. Cinctura laxior or the loose kind of girding was such, that notwithstanding the tuck, yet the tail trailed upon the ground. Cinctura astrictior the close kind of girding was such, that after the gown had been lapped or tucked up, it should not reach so far as the feet. The first kind of these cinctures did argue a remiss soft and effeminate mind; the latter did signify the promptness or readiness of the person; m Sig. ibid. unde, Altè praecincti pro expeditis dicti sunt. Thirdly, Cinctus Gabinus was a warlike kind of girding, not so that the whole gown should be tucked up about the middle, but that it being cast quite backward, the party should gird himself with one skirt thereof. n Seru. Aenci. lib. 7. This kind of girding was so called from a certain city of Campania called Gabijs, because upon a time the inhabitants of this city being at sacrifice, were set upon by their enemies; at which time they casting their gowns behind them and girding one lappet or skirt about them, went immediately to war, even from the altars, and got the conquest. o Alex. Gen. dier. l. 1. c. 14. In memory of which ever after, the Consul when he would proclaim war girded himself in like manner. Neither had the Consul alone a peculiar garment when he proclaimed war, but every soldier in time of war did wear a different kind of garment from the gown, which they called Sagum: we may english it a soldiers coat. Whence Tully useth this phrase ad saga ire, which Erasmus hath paralleled with this, Ad certamen se accingere, to buckle for war. Insomuch that Cedant saga togae, is aequivalent to that of the Orators, Cedant arma togae. Touching the difference of the Roman gowns I find them distinguished by p Sig de iud. lib. 3. cap. 19 Sigonius accordingly as followeth; in Togam Puram, Candidam, Pullam, Praetextam, Paludamentum, Pictam, Trabeam. Togapura was the common ordinary gown worn by private men at man's estate, not by women at all, nor children, until the sixteenth year of their age, at which time they were said Excedere ex ephebis i. to be passed striplings. Notwithstanding the sixteenth year was not always strictly without exception observed; q Rosin. antiq. lib. 5. c. 32. for M. Aurelius was permitted to wear this gown being but fifteen years old; and Caligula did not wear, it till the nineteenth year of his age. This kind of gown besides that it was called Pura, it was also sometimes called virilis, sometimes libera. It was called pura in respect of its pure white colour, being free from all admixtures of purple or any other colour, & therefore some have termed it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, all white, others 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, void of purple. It was called virilis, because it was given to striplings now growing to man's estate. Whence we use to say of a stripling past 16 years of his age, virilem togam sumpsit, he is now become a man. Lastly, it was called libera, r Rosin. antiq. Rom. lib. 5. c. 32. because than they did receive some beginning of freedom, as being about that time freed from their schoolmasters, and overseers. s Aldus Manutius. vid. Rosin. ib. This kind of gown was not made open but sowed down to the bottom, and also it was made without sleeves, so that if at any time they had occasion to use their arms, they would take up their gown and cast it quite behind them, or upon their shoulders. But these striplings could not for one whole years space, cast back their gowns in that manner for the liberty of their arms without the imputation of immodesty, as it appeareth by t Cic. in orat. pro Caelio. Cicero, Nobis annus erat unus ad cohibendum brachium togâ constitutus. The like liberty it seemeth was denied those that stood for places of office; u Sig de iud. lib. 3. cap. 19 & thence is it, that Horace wisheth such to hire them a servant — Laewm Qui fodiat latus, & cogat trans pondera dextram Porrigere— In which place by pondera is understood the Roman gown, as x Sigon. ib. Sigonius hath expounded that place. Now for the understanding of Toga candida, we are to learn a difference between this candida toga, & the toga pura above spoken of, which is often times called toga alba, both of which were white, but differed in the degree of whiteness. The toga alba had only the natural whiteness of the wool; the toga candida had an artificial white die: whereby the glass of the white was made more orient and intensive. Or else as y Sigon. ib. Sigonius hath observed out of Isidorus, Intendendae albedinis causâ cretam addiderant i. they chalked it to increase the whiteness thereof. Whence Polybius calleth it togam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, shining or splendent. Moreover whereas the alba toga was the ordinary Roman gown which commonly the Roman citizens did wear; this candida toga was only worn by those, which did ambire magistratum, sue for a magistracy or place of office who during the time of their suit were called from their gown candidati: and Quintilian borrowing his metaphor from them, hath called an young student eloquentiae candidatum. The third sort of gown which I termed togam pullam, was a black gown, and thereof was two several kinds; the one coal-black, which was worn luctus causa, in token of mourning, and the mourners were thence called Atrati and as often as they did wear this gown, they were s●id Mutare vestem, z Sig. de iud. lib. 3. cap. 19 which phrase in old authors doth signify nothing else, but to go in mourning apparel: The other not coal-black, but only fouled or stained, and that was worn reatus causa, in times of arraignment, & those that wore it were called sordidati, à sordibus in vest, from the spots or stains in the gown. Where we must note, that in process of time Togapulla became the ordinary gown which the common people did wear; at which time the ordinary gown, which the citizens of better place and esteem did wear, was the toga candida: whereupon there did then grow a distinction of the citizens unknown to the former age, saith Rofinus, namely that some were termed candidati, others pullati. Candidati were those, not which became suitors for places of office (as in old time it signified) but those which did live in better repute than others, from whence it is, that a Fenestella de mag. Rom. cap 3. he whose office was to read the emperors letters in the Senate was called Candidatus principis▪ or Quaestor candidatus. It did somewhat resemble the office of our King his majesties chief Secretary. Pullati were those of the commonalty or inferior sort. The fourth sort of gown was the togapraetexta, so called, quia eipurpura praetexta erat, because it was guarded about with purple silk. This kind of gown at the first was used only by the Roman priests, and chief magistrates: Neither was it lawful for such as did wear that gown to be arraigned, or sentence to be given on them until that gown was put off. In continuance of time this togapraetexta was permitted first to Noble men's children; afterward to all Roman children in general: where upon b Pet. Pellitarius in orat. pro A. Cae●in Togatus à praetextato differt, ut privatus à magistratu & vir à puero, and aetas praetextata, is taken for childhood; and praetextati sometimes for magistrates, but commonly for young children. The fifth sort of gown was called Paludamentum; It was a military garment, which c Alex. Gen. dier. l. 5. c. 18. none but the L. General or the chief captains did use to wear. d Sig. de iud. lib. 3. c. 29. Isidorus saith it was not only guarded with purple, but with scarlet, and gold lace, whence it was sometimes called e Sigon. ib. togapurpurea, sometimes coccinea. It was much like the habit which the Grecian Emperor was wont to wear called Chlamis; yea now it is f Rosin. antiq. li. 5. c. 31. called Chlamis; we may english it an Herald's coat of Arms. The sixth sort of gown was called togapicta, g Sig. de iud lib. 3. c. 19 because in it were embroadered goodly pictures with needle work: it was also called Purpurea, not because of any purple guard (in which respect the praetexta, and the paludamentum were called purpureae) but because it was all over with a purple die. It was by some termed toga palmata, because in it many palm branches being the reward and token of victory were wrought; whence by others it was called toga triumphalis, because Emperors in their triumphs did wear such gowns. The last sort of gown was Trabea, whereof there were h Serv Aenei. lib 7. three several kinds; the one woven all of purple, which was consecrated unto the Gods; the second was purple woven upon white, and this only kings & Consuls might wear; the third was scarlet woven upon purple, and this the Augurs only did wear. i Alex. Gen. dier. li. 5. c. 18. This last sort was therefore called trabea auguralis, the second trabea regia, the first trabea consecrata. CHAP. 5. De Tunica. THose coats which were worn under the gown were called Tunicae; and that they were worn under the gown it appeareth by that Adage, Tunica pallio proprior est i. every one for himself first; or according to our english proverb, Close sitteth my shirt, but closer sitteth my skin. k Sig. de iud. lib. 3. cap. 20. This tunica was both narrower and shorter than the gown: at first it was made without sleeves, afterward with sleeves, and by it, as well as by the gown were the citizens distinguished. The first sort of coats was made of white cloth commonly, l Salmuth in Pancirol. lib. rerum deperdit. cap. de fibula. but purfled over and embroadred with studs of purple in manner of broad nail heads; whence it was called Laticlavia, or Latus clavus; and the persons wearing this coat were Senators called thence Lafoy ticlavij. The second sort belonged unto the Roman knights and it differed in making from the first, only that the purple studs or embroadred works of this, were not so broad as the former: whence the coat was called Angusticlavia, or Angustus clavus, and the persons wearing it were called Angusticlavij. The third sort belonged unto the populacy and poorer sort of Romans, it was made without any purfled works, being called Tunica recta. This coat was given together with the Virile gown to striplings past sixteen years old, and to new married women. And as the recta tunica was given with the virile gown; so was the tunica clavatae given together with the toga praetexta: and the laticlavia, otherwise called tunica palmata, given with the toga picta. The fourth and last sort belonged unto women, being a long coat reaching down unto the heels; they called it stolam. Upon it they did wear an outward garment m Ro●●● Antony's lib. 5. 〈◊〉. 35 called pallium, and sometimes palla, quia palàm gestabatur. n 〈…〉 lib. 3. cap. 19 Sigonius saith, that this palla was a certain gown used by stage-players: howsoever certain it is, that not only women, but men also and children did wear this kind of garment. Besides the Roman gown & coat there remain other parts of their apparel to be spoken of: such are these which follow, Lacerna, which some do english a cloak, but o Sigon. ibid. Festus would have it to be a little kind of hood, which men should wear to defend themselves from the rain and weather; It was made that either side might be worn outward; & at first it was worn only in war, so that lacernatis stood in opposition with togati. p Sigon. ibid. Isidorus Togatos pro urbanis, lacernatos pro militibus usurpatos scribit. Afterward as we may conject, it was made longer in manner of a cloak, for it was divers times worn upon their coats instead of gowns. Another kind of garment was the Penula, so called quasi pendula, we may translate it a long hanging cloak. A third was called Mitra, which sometimes did signify a certain attire for women's heads, as a coif or such like; though this kind of attire was more properly called Calantica: other times it signified a girdle, which more properly was called zona; This zona chiefly signified a soldiers belt, or a marriage girdle: The soldiers belt was lined within in the inside, where when they went to war, they did put their money▪ whence Horace saith of a man that hath lost his money, zonam perdidit. Young maids when they were married were wont to have a marriage girdle tied about their middle, which their husband at the first night of their marriage should untie: whence zonam solvere hath been translated to deflower a Virgin: this marriage girdle in former times was called Cestus, from whence cometh the latin word incestus, and the english word Incest: which in truth signifieth all kind of pollution committed by undoing or untying this girdle called cestus: but now in a more strict acception it signifieth only that kind of naughtiness, which is committed between two of near kin●: q Caelius in orat pro Milone. and that other folly which is committed with a stranger's wife, is now properly called adulterium; & that which is committed with a maid or widow stuprum. The last thing touching their apparel is their shoes. r Rosin. antiq Rom. lib. 5. c. 36. Calceamentorum genera duo fuerunt, ●alceus, & solea: For the sole of the shoe called in latin solea, sometimes crepidula, and in Cicero his time gallica, was tied on to the bottom of the foot with leather straps or buckles, and so worn instead of shoes: the divers kinds of these shoes did distinguish the Roman people also. To omit the difference in colours, we may reduce the chief kinds to five heads, Mullei, Vncinati, Perones, Cothurni, Socci. All these sort of shoes were made half way up the leg, as the Turkish shoes are according to josephus Scaliger: and they were either laced close to the leg, as many of our boots are now adays; or clasped with taches or haspes. The first sort called Mullei s Salmuth. in Pancirol. lib. rerum. deperdit. cap. de fibula. from the fish mullus, being like unto it in colour, were also called from their clasps calcei t Appositam nigrae lunam subtexit alutae. juvenal. lunati, because the clasps were made in form of an half moon, which half mooned clasp resembling a Roman C, signified an hundred; u Salmuth. in Pancirol. lib. rerum deperdit. cap. 〈◊〉 fibula. intimating thereby, that the number of the Senators (they only being permitted to wear this kind of shoe) were at first a full hundred and no more. Vncinati calcei, were those, which the soldiers were wont to wear. Perones (as we may conjecture) were laced up the leg; for Tertullian making but two sort of shoes, saith there were the Mullei called from their clasps lunati, & the perones made without such half mooned clasps, called also calcei puri, quoniam ex puro corio facti; and these perones or puros calceos all the other Romans did wear x Salmuth in Pancirol. lib. rerum deperdit. c. de fibula. with this note of distinction, that the magistrates shoes were beset with precious stones, private mens were not. Thus much concerning both the kinds & fashion of the shoes may be collected out of Rosinus in the place above quoted. The description & use of the Cothurnus & Soccus may be seen in the tract * Vid. pag. 37. de Romanis ludis. CHAP. 6. De nuptijs & nuptiarum renunciatione. BEfore we come unto the solemn ceremonies used by the Romans in their marriages, we will first show the manner of their contracts, y Salmuth in Panciroll. lib. rerum deperdi●arum c. de nupti●s. which were called by the Romans, Sponsalia à spondendo; because in their contracts each did promise other to live as man and wife. Now the manner of contracting was commonly thus: They did for the greater security write down the form of the contract upon tables of record, as it appeareth by juvenal. satire 16. Si tibi legitimis pactam iunctamque tabellis Non es amaturus— These tables were also sealed with the signets of certain witnesses there present, who were termed from the act of their sealing Signatores. Moreover before they would begin the ceremonies of their contract, the man procured one soothsayer, and the woman another, with whom first they would consult. Whence juvenal. — Veniet cum signatoribus auspex. The token or sign which these soothsayers in time of observing accounted most fortunate was a crow: z Alex. Gen. lib. 2. Ea enim cornicum societas est, ut ex duabus socijs alterâ extinctâ vidua altera perpetuò maneat. The man also gave in token of good will a ring unto the woman, which she was to wear upon the next finger to the little of the left hand; a Aul. Gell. because unto that finger alone a certain artery proceedeth from the heart. The word nuptiae which signifieth marriage had its derivation a Nubo b Rosin. antiq. lib. 5. c. 37 which verb in old time signified to cover: the custom being that the woman should be brought unto her husband with a vail (called Flammeus) cast over her face. Again because of the good success that Romulus and his followers had in the violent taking away of the Sabine women, c Sig. de iur. Rom. l. 1. c. 9 they continued a custom that the man should come and take away his wife, by a seeming violence from the lap or bosom of her mother or her next kin. She being thus taken away her husband did dissever and divide the hair of her head with the top of a spear, wherewith some fencer formerly had been killed. This spear was called by them hasta celebaris, d Salmuth in Pancirol. lib. rerum deperdit. cap. de nuptiis. and the ceremony did betoken, that nothing should disjoin them but such a spear or such like violence. We must note that e Fr. Silu. in orat. pro L. Flacco. three manner of ways a woman became a man's lawful wife usu, confarreatione, coemptione. A woman became a man's lawful wife usu i. by prescription or long possession, if that she were wedded with the consent of her overseers, and so did live with the man as with her lawful husband a whole years space, nullo interrupto usu i. f Sig. de iure Rom. l. 1. c. 9 she being not absent three nights in the whole year from him. And some have thought that the counterfeited violence in taking away the maid from her friends was used only in this kind of marriage. A woman became a man's wife confarreatione i. by certain solemnities used before a Pontifie or chiefe-bishop, when the woman was given unto the man using a set form of words, ten witnesses being present and a solemn sacrifice being offered, at which the married couple should eat of the same barley cake, which formerly had been used in sacrifice. Which sacrifice was termed from far confarreatio, and the marriage itself Farracia, and g Cic. orat. pro Muraena. sometimes sacra simply; the dissolution of this kind of marriage Diffarreatio. A woman became a man's wife coemptione i. by buying and selling, when the woman did under a feigned form of sale buy her husband, by giving him a piece of coin. h Sig. de jure Rome lib. 1 c. 9 Veteri Romanorum lege, nubentes mulieres tres ad virum asses far solebant: atque unum quidem quem in manu tenebant, tamquam emendi causa marito dare. i Cic. orat. pro Muraena. Iten. Fr. Sil. ib. In which kind of marriage the man was not named by his proper name, nor the woman by hers, but the man was named Caius, and the woman Caia in the memory of the chaste and happy marriage of Ca●a Cacilia wife to Tarqvinius Priscus: from whence sprang a custom among them, that the new married bride when she was brought home unto her husband's house, was to use this proverb, Vbi tu Caius, ibi ego Caia; by which words she signified that she was now owner of her husband's goods as well as himself: and therefore Erasmus hath expounded that saying by these words, Vt tu dominus, ita ego domina. If any of these ceremonies were omitted, k Hieron. Ferarius in Philippic. corat. then was the marriage termed Nuptiae innuptae, in which sense we call our enemies gifts no gifts, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. These ceremonies being ended, towards night the woman was brought home to her husband's house with five torches, signifying thereby the need which married persons have of five Gods or Goddesses i. jupiter, juno, Venus, Suadela, and Diana, who often times is called Lucina (the reason being rendered by Ovid: — Dedit haec tibi nomina lucus, Aut quia principium tu dea lucis habes.) The matter whereof these torches were made, was a certain tree, from which a pitchy liquor did issue: it was called Teda, and thence have the Poets figuratively called both the torches, and the wedding itself Tedas. When the woman had been thus brought to the door, than did she anoint the posts of the door with oil, l Seru. Aenei. lib. 4. from which ceremony the wife was called uxor quasi uxor. This ceremony of anointing being ended, the bridemen did lift her over the threshold and so carried her in by a seeming force, because in modesty she would seem not to go without violence into that place where she should lose her maiden head: At her carrying in all the company did cry out with a loud voice Talassio, Talassio: for which custom m Plutarch. vita Pompeii Plutarch allegeth many reasons; this being one. Among those who ravished the daughters of the Sabines, there were found some of the meaner and poorer sort carrying away one of the fairest women: which being known certain of the chief citizens would have taken her from them, but they began to cry out that they carried her to Talassius, a man well beloved among the Romans; at which naming of Talassius they suffered her to be carried away, themselves accompanying her, and often crying Talassio, Talassio. Fron whence it hath been continued as a custom among the Romans ever after at their marriages to sing Talassio, Talassio: as the Greeks did Hymen, Hymenaee. From this custom of leading or bringing home the new married bride, cometh that comical phrase Ducere uxorem, to marry a wife. She being thus brought home, received the keys of her husband's house, whereby was intimated that the custody of all things in the house was then committed unto her. n Alex. Gen. dier. l. 2. c. 5. The marriage bed was called Genialis lectus, as we may suppose quasi Genitalis. The next day after the marriage the bridewoman received gifts from her friends, which the lawyers termed Nuptialia dona. o Vid. Fr. Silv pro Clientio. But Cicero expoundeth these dona nuptialia, to be certain tokens which the husband sent unto his wife before the betrothing. If after the marriage any discontent had fallen out between the man & his wife p Sig. de iure Rom. l. 1. c. 9 then did they both repair unto a certain chapel built in the honour of a certain Goddess called Dea viriplaca à viris placandis, whence after they had been a while there, they returned friends. We having thus seen the rites and ceremonies which the Romans used in their contracts and marriages, it would not be impertinent to annex the manner of their divorcements, which upon just causes were permitted. There q Rosin. Antiq. l. 5. cap. 38. were two manner of divorcements, the one between parties only contracted; the second between parties married. The first was properly called Repudium, in which the party suing for the divorcement, used this form of words conditione tuâ non utar. The second was called Divortium, wherein the party suing for it used these words, Res tuas tibi habeto: vel Res tuas tibi agito. Both these kinds were termed Matrimonij renuntiationes, a renouncing or refusal of marriage. Where we must note that instead of this verb renunciare, diverse good authors do use this phrase Mittere, or Remittere nuncium: As C. Caesar Pompeiae nuncium remisit, C. Caesar hath divorce Pompeia. And alluding hereunto, r Ep. fam. l. 5. Cicero saith virtuti nuncium remisit i. He hath cast off all goodness, he hath even divorced virtue. Secondly we must note that this verb Renuncio, doth not only signify to renounce or to refuse, but many times in Tully it signifieth to declare or pronounce a magistrate elected, as Renunciare consulem, praetorem, etc. CHAP. 7. Quo apparatu, quibusque ceremonijs apud veteres defuncta corpora igni tradebantur. THE Romans in ancient time when they perceived a body dying, had such a custom, that the next of the kin should receive the last gasp of breath from the sick body into his mouth, as it were by way of kissing him: (to show thereby how loath & unwilling they were to be deprived of their friends) & likewise should close the eyes of the party being deceased. Whence Anna said unto her sister Dido now dying — s Virg Aen. 4. Extremus si quis super halitus errat o'er legam— And Penelope wishing that her son Telemachus might out live herself and his father, writeth to her husband in this manner Ille meos oculos comprimat, ille tuos. After the body had thus deceased, they kept it seven days unburied, washing the corpse every day with hot water, & sometimes anointing it with oil, hoping that if the body were only in a slumber and not quite dead, it might by these hot causes be revived. Per calidos latices & ahena undantia flammis Expediunt, corpusque lavant frigentis & ungunt. In these seven days space, all the dead man's friends met together now and then making a great out cry or shout with their voices, hoping that if the dead body had been only in a swoon or sleep, he might thereby be awaked. This action was termed conclamatio, whence when we have done the best we can in a matter, and cannot effect it, we say proverbially conclamatum est: for this third conclamation or general outcry (which was always upon the seventh day after the decease) was even the last refuge, at which if the body did not revive, than was it carried to burial being invested with such a gown as the party's place or office formerly had required. Those who had the dressing, chesting or embaulming of the dead corpse were called Pollinctores: After they had thus embalmed the corpse, they placed it in a bed fast by the gate of the dead man's house, with his face and heels outward toward the street, according to that of Persius. — Tandemque beatulus alto Compositus lecto, crassisque lutatus amomis In portam rigidos calces extendit— This ceremony was properly called corporis collocatio: and fast by this bed near the gate also was erected an altar called in Latin t Alex. Gen. dier. lib. 3. c. 7. Acerra, upon which his friends did every day offer incense until the burial. The gate in the outside was garnished with cypress branches, if the dead man were of any wealth or note: For the poorer sort, by reason of the scarcity of the tree, could use no such testimony of their mourning. u Lucanus. Et non plebeios luctus testata cupressus. In these seven days space certain men were appointed to provide all things in readiness for the funeral: Which things were commonly sold in the x Alex. Gen. dier. l. 5. c. 26. Temple of Libitina, from whence those providers were termed Libitinarij; though sometimes this word Libitinarius doth signify as much as capularis an old decrepit man, ready for the grave. Upon the eighth day a certain crier in manner of a bell-man, went about the town to call the people to the solennization of the funeral, in this form of words: y Rosin. Ant. ib. 5. Exequias L. Titio L. Filio quibus est commodum ire. jam tempus est. Ollus ex aedibus effertur. After the people had assembled themselves together, the bed being covered with purple or other rich cover, the last conclamation being ended, a trumpeter went before all the company, certain poor women called praeficae following after, and singing songs in the praise of the party deceased. Where we must note that none but the better sort had a trumpet sounded before them; others had only a pipe. z Alex. Gen. dier. lib. 3. Senatoribus & patricijs tubâ; minoribus & plebeiis tibiâ canebant siticines; this word Siticines signifying either a trumpeter or piper, because they did both ad sitos i. mortuos canere. Again, except it were one of the Senators or chief citizens, he was not carried out upon a bed, but in a coffin upon a beer. Those that carried this bed were the next of the kin, so that it fell often among the Senators themselves to bear the corpse, and because the poorer sort were not able to undergo the charges of such solemnities, thereupon were they buried commonly in the dusk of the evening; and hence à vespertino tempore, those that carried the corpse were termed vespae or vespillones. In the burial of a Senator or chief officer certain waxen images of all his predecessors were carried before him upon long poles or spears, together with all the ensigns of honour which he deserved in his life time. Moreover if any servants had been manumized by him, they accompanied the mourners lamenting for their master's death. After the corpse followed the dead man's children, the next of the kin, and other of his friends atrati, i. in mourning apparel. The corpse being thus brought unto their great Oratory called the Rostra, the next of the kin a Suet. C. julius Caesar. c. 6. laudabat defunctum pro rostris i. made a funeral oration in the commendation principally of the party deceased, but touching the worthy acts also of those his predecessors, whose images were there present. The oration being ended, the corpse was in old time carried home again in manner as it was brought forth, Sedibus hunc refer ante suis & conde sepulchro. But afterward by the law of the twelve tables it was provided, that no man besides the Emperor and Vestal Nuns should be buried within the city; though some upon especial favour have obtained it. The manner of their burial was not by interring the corpse, as in former times it had been, but burning them in a fire ( b Salmuth in Pancir. lib. rerum deperd. ca de exequijs. the reason thereof being to prevent the cruelty of their enemies, who in a merciless revenge would at their conquests dig up the buried bodies, making even the dead also subjects of their implacable wrath.) This fire before the burning was properly called Pyra; in the time that it burned it was called Rogus, c Servius Aeneid 5. quod tunc temporis Rogari solerent manes; after the burning then was it called Bustum quasi benè ustum. This Pyra was always built in form of a tabernacle, as it is * Sup. pag 30. above more at large to be seen: whither after the dead man had been brought, his friends were wont to cut off one of his fingers, which they would afterward bury, with a second solemnity. The charges at funerals growing by this means to be doubled, the law of the 12. tables provided in these words Homini mortuo ossa ne legito, &c: that no man's finger should be cut off, except he died either in the war, or in a strange country. Where we must observe, that lego in this place doth signify as much as adimo or aufero, in which sense we call him sacrilegum, qui legit i. qui adimit & aufert sacra. After the dead body had been laid upon the pyra, then were his eyes opened again to show him heaven if it were possible: d Alex. Gen. dier. l. 3. and withal an half penny was put in his mouth, they superstitiously conceiting, that that halfpenny was naulum Charontis, the pay of Charon, the supposed ferryman of hell, who was to carry men's souls in his boat over the stygian lake after their decease. About this Pyra were first many boughs of Cypress tree to hinder the evil sent of the corpse to be burned. The dead body being thus laid upon the Pyra, the next of the kin turning his face averse from the pyra, did kindle the fire with a torch: After this commonly certain fencers hired for this purpose did combat each with other till one of them was killed; they were termed bustuarij from bustum. The blood of those that were slain, served instead of a sacrifice to the infernal Gods, which kind of sacrifice they termed Inferiae. c Servius. Inferiae sunt sacra mortuorum, quae inferis solvuntur. Anon after the body had been burned, his nearest friends did gather up the ashes & bones, which being washed with milk & wine were put into certain pitchers called urnae: whence this word urna is often used by Poets to signify a grave or sepulchre, as — una requiescit in urnâ. Ovid. Met. lib. 4. f Rosin. antiq lib. 5. Though properly sepulchrum was in old time a vault or arched-roofe, round about the walls whereof were placed certain coffins called loculi, within which those former urnae were laid up & kept, namely two or three in each coffin. Now these funeral solemnities were commonly towards night, insomuch that they used torches; these torches they properly called g Servius in Aeneid lib. 1. funalia à funibus cerâ circundatis, unde & funus dicitur. h Hub. in Cic. ep. fam. lib. 4. Others are of opinion that funus is so said from the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signifying death or slaughter. The bones of the burned body being thus gathered up, then did the Priest besprinkle the company with clean water thrice, and the eldest of the mourning women called praeficae, with a loud voice pronounced this word, Ilicet, thereby dismissing the company, (the word signifying as much as Ire licet;) Then presently did the company depart taking their farewell of the dead body in this form of words: Vale, vale, vale: nos te ordine quo natura permiserit sequemur. If any of these ceremonies had been omitted i Hier. Ferrarius in Cic. orat. Philip. then was it termed sepulitura insepulta, in the same sense as nuptiae formerly were termed innuptae. The old & aged men were invited after the burial to a feast, or funeral banquet called silicernium k Servius in Aeneid. lib. 5. quasi filicaenium i. coena supra silicem posita, their custom being to eat that feast upon an altar of stone, and because this feast was only eaten at funerals, and by the elder sort, l Antesig in Tere. Adelph. Act. 4. hence figuratively this word silicernium doth sometimes signify an old cripple ready for the grave. The poorer people instead of a feast, received a dole or distribution of raw flesh: this dole was termed Visceratio. Moreover there was a potation or drinking of wine after the burial called Murrata or Murrhina potio, which afterward the law of the 12. tables for the avoiding of expenses did prohibit: as likewise for the moderating of grief in the mourners it did prohibit the use of this word Lessum, [Neve lessum funeris ergô habento] for that word was often ingeminated in their mourning as a doleful eiulation, or note of inward sorrow. This sorrowing or mourning was in some cases utterly prohibited, in others limited; m Alex. Gen. dier. lib. 3. c. 7. Namely an infant dying before he was three years old, should not be mourned for at all; because he had scarcely yet entered into his life. Neither might children mourn for their fathers, or wives for their husbands any longer than ten months, within which time without special dispensation or licence, it was not lawful for the widow to marry another husband. Here we may with Raevardus observe a distinction between lugere and Elugere. Lugere signified no more then to mourn some part of the time prescribed; Elugere to mourn the whole and full time. Lib. 3. Sect. 1. Of the Roman assemblies. De Comitijs. Hitherunto have we insisted upon the description of the most remarkable parts of the Roman city, together with the several divisions of the Roman people, as also the Roman religion: where we have seen the general divisions of their Gods, their sacrifices, with their ceremonies thereunto belonging; and other collateral tracts, as appendices unto religion. Now are we to proceed to that part of government which is political or civil, where we will first speak of their civil magistrates, then of so many of their civil laws, as I have observed needful for the understanding of Tully; & that principally in his orations: for the more easy conceiving of both I have premised a chapter or two De Comitijs. CHAP. 1. De Comitijs, idque Calatis praecipuè, & de Rogationibus. EVery assembly of all the Roman people, being called together by a lawful magistrate to determine any matter by way of giving voices, is à co●undo termed Comitia, simply, without the adjection of any other word; or Comitia calata, that is, assemblies called together, from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or the obsolete latin verb calo, which signifieth to call: though afterward those assemblies only, which were held either for the inauguring of some pontifie, some Augur, some Flamen, or him that was called Rex sacrorum, or for the making of their wills & testaments were called Calata comitia. Whence the will that was made in these assemblies was called Testamentum calatis comitijs. This kind of assembly is sometimes called comitia a joan. Tiflinus in orat. pro coelio. pontificia and comitia sacerdotum, in that sense as others are called Consularia, or Aedilitia comitia; namely because the pontifies in these, is the Consuls, & Aediles plebis in the others were chosen. There followeth three other kinds of assemblies: for either the people did assemble themselves by parishes, called Curiae; or by hundredths, called Centuriae; or by wards, called Tribus. The first sort of assemblies they called comitia Curiata, the second comitia Centuriata, the last comitia Tributa. b Sigon. de iure Rom. li. ●. cap. 17. Where by the way we must note, that that thing which was determined by the mayor part in any parish, hundredth, or ward was said to be determined by that whole parish, hundredth or ward, & that which was determined by the mayor part of parishes, Pars putat ut ferrent iuvenet suffragia soli● Pontibus infirmos praecipitasse senes. Ovid. Fast. hundreds, or wards, was said to be approved comitijs Curiatis, Centuriatis, vel Tributis. Secondly we must note that neither children until they were seventeen years old, nor old men after the sixtieth year of their age, were allowed to suffrage in these assemblies, whence arose that adage Sexagenarij de ponte deijciendi: and old men were hence called Depontani, for the explication of which see * Pag. 13. before. Likewise those whom for some notorious crime the censors had disfranchised, had no authority of suffraging: They were termed Aerarij because they did pro capite suo tributi nomine, c Sigon. de iure Rom. lib. 1. cap. 17. aera pendere. Here before we speak of those three several kinds of assemblies, we will consider the manner of their proceedings in propounding cases unto the assemblies. d Philip. Beroaldus in orat. Phil. 11. The custom was at first, that the Romans should bestow their suffrages Viuâ voce, but afterward that every one might with freer liberty give his voice, they commanded certain wooden tables, wherein the names of those that stood for offices were written, to be carried about, every suffrager receiving so many tables, as there were suitors: then did the people give back that table with whom they would suffrage. But if a law were to be enacted, them every suffrager received two tables, in the one or which were written these two great letters V. R; in the other was written a great Roman A. Those who delivered these tables unto the people, did stand at the lower end of * Vid. pag. 13. those bridges (which were erected up for the suffragers to ascend unto the ovilia) whence they were called à diribendo i. from distributing Diribitores. At the other end of the bridges were placed certain chests or little coffers, into which the suffragers which did approve the law did cast in the first table; those that disliked it, did cast in the second: for by those two letters V. R. which were written in the first, is meant Vti Rogas i. Be it as thou hast asked, this word Fiat being understood. By A. in the second table was meant Antiquo i. I forbid it, the word signifying, as much as antiquum volo; I like the old law, I love no innovations. The tables being thus cast into the chests, certain men appointed for that purpose in manner of Scrutators (they called them Custodes, and sometimes c Plin. l. 33. cap 2. Nongenti) did take the tables out of the chests, and so number the voices by making so many points or pricks in a void table, as they found tables alike: which kind of accounting occasioned these and the like phrases; Suffragiorum punctanon tulit septem, and Omne tulit punctum; where punctum is used for suffragium. The voices being thus numbered, it was pronounced by the common crier what was decreed. Because the use of those tables is now grown quite out of use, I shall make bold to insert that, which with much labour I have collected out of several authors touching these tables. It is certain that a long time the use of paper was not known, whence men were wont to write sometimes upon the inward rinds of trees, called in Latin Libri (so that to this day we call our books Libri, because in old time they were made of those rinds of trees:) sometimes they did write in great leaves made of that rush Papyrus, growing in Egypt, from which we have derived our english word Paper, and the latin word Papyrus, now signifying our writing paper; but the Romans at this time did use to write in tables of wood, covered with wax, called in latin ceratae tabulae. They wrote their wills and testaments in tables, f P. Pellitar. in orat. pro A. Coecinna. Hinc secundum & contra tabulas bonorum possessio; The possession of goods either according or against the testator his will. Because of the wax wherewith these tables were covered, cera is often used in the same sense, as Haeredes primae cerae i. primae tabulae & in primo gradu instituti; by which words I think are understood such heirs as g Alex. Gen. dier. l. 1. c. 1. Alexander calleth Haeredes ex toto ass i. heirs to the main inheritance, opposing them to those which did receive only legacies, whom he calleth there Haeredes in imâ cerâ, secundos haeredes, & legatarios. h Fr. Silvius pro 〈◊〉 Silvius not upon improbable grounds doth think that Tully doth understand by Haeredes secundi, such heirs as were nominated to succeed the chief heir or heirs if they died. They wrote their accounts in tables, hence Tabulae accepti & expensi, signifying reckoning books. They wrought their statutes also in tables, whence Tabulae publicae, are englished statute books, or rather books of record. Those writings or instruments which the Senate or Emperor caused to be hanged up in the market place, to release and discharge any bankrupt from paying his debts, they termed i Fr. Sylu. in orat. Catiline. 2am. tabulas novas; we may english them letters of protection. They wrought their inventories of goods set at sale in tables calling them tabulas auctionarias: yea they indicted their epistles and common letters in tables, insomuch that tabellae are expounded missive letters, and tabellarius which properly signifieth a carrier of tables, is now used to signify a letter-carier. k Fr. Sylu. in orat. Catiline. 3. The manner how they sealed their letters was thus: they did bind another table unto that, wherein the indictment was, with some strong thread sealing the knot of that thread with wax, whence Cicero saith Linum incidimus i. we opened the letters. l P. P●llitar. in orat. pro A. Coecinna. Lastly they wrote their books in tables, whence from them we do at this day call our books codices à caudicibus, caudex signifying properly the trunk, or stock of a tree, whereof these tables or books were made. We must note withal that they wrote not with ink or quill, but with an instrument of steel or iron, having m Vid. Erasm. Adag. a sharp point at the one end, and being broad, yet keen and well edged at the other: with the sharp point they did write what they pleased, with the broad end they did scrape out what they had written: whence stylum invertere is to say and unsay a thing, to turn his punch the wrong end downward, as it were to scrape out that which one had formerly written. And as we use this word Manus to signify the writing itself, according to that of n Cic. orat. contra Catil. Tully, cognovit manum, & signum suum: so in the like sense we use this word stylus, to signify the peculiar tenure or strain of phrase, which any man observeth in the composing of an oration, epistle, or such like; in which sense Tully useth it as the antitheton to gladius, in that speech of his o Cic. orat. pro Muren. Cedat forum castris, otium militiae stylus gladio; though in another place he useth it to signify, if not a sword yet a pocket dagger, as Etsi meus ille stylus fuisset; p Mic. Toxita in orat. Philippic. 2. in which place stylus doth signify as much as pugio. Now that we may return to the matter whence we have digressed, we will proceed to show the manner how they enacted their laws. All the Romans had not power and authority of preferring a law, but only eight of their magistrates which they called Magistratus maiores: namely the Praetor, the Consuls, the Dictator, the Interrex, the Decemviri, the military Tribunes, the Kings, and the Triumvirs, unto these eight was added one of those whom they called Magistratus minores, namely the Tribunus Plebis. If any of these Magistrates thought it fit to prefer a law, than did he first write it down at home, and consult with some lawyer, whether or no it might be for the good of the common wealth, whether it would not weaken any former law, or whether it was not formerly included in some other law, etc. These and many other cautions were to be considered, before it was preferred, yea some would have the approbation of the whole Senate after the advice of their lawyer, though divers times that hath been omitted. And the lawyer alone allowing it, the law was hanged up publicly in the market place for the space of three market-days, which kind of publishing the law was termed Legis Promulgatio quasi provulgatio, during which time of promulgation, reasons were alleged pro & con: by the spectators: and all the people had so much time to consult of the conveniency thereof, and every one upon just reason, had free liberty to admonish him that preferred the law, either to amend it, or to surcease the proposeall. After the third Market-day, (for unless it were upon an extraordinary occasion, no assembly might be called upon a market-day, because of the country folks businesses, they also having freedom of suffraging) the magistrate did convocate, the people to that place where the law was to be proposed: there the Towneclarke or notary reading the law, the common crier proclaimed it, than did he which promulged it make an oration unto the people, persuading them that it might pass. Sometimes others of his friends would second him with orations in his behalf, as likewise others that disliked it, would by orations dissuade the people, showing the inconveniency thereof. After the orations had been ended, an urn or pitcher was brought unto certain Priests there present, into which were cast the names of the tribes, if the comitia were tributa, or of the centuries if they were centuriata, or of the parishes if curiata: then sortibus aequatis i. the lots being shaken together, they drew their lots; and that tribe or century whose name was first drawn, was called Tribus vel Centuria praerogativa, à praerogando, because they were first asked their voices: that curia upon which the first lot fell, was called q Rosin. antiq. lib. 6. c. 7 Principium, because that curia did first suffrage. Those Tribes upon whom the other lots fell, namely the second, third, fourth, &c: were termed Tribus jurevocatae. From this distinction it is that such a man as hath the voices of the prerogative tribe, or century, is said to have r 〈…〉 Omen praerogativum: which good fortune whosoever could attain unto, was in great hope of obtaining the other voices of the jurevocatae; for they never or very seldom would serve from the determination of the prerogative tribe or century. Whiles the people were busy in their lottery, in the mean time if any s 〈…〉 Tribune of the commons would intercedere i. forbid the proceeding, he might be heard, & the whole assembly thereupon should be dismissed: likewise they were dismissed if either he which first promulged the law did alter his opinion, or if the consul commanded supplications to be offered up in the behalf of their Emperor, or any of those holy days called Feriae Latinae vel Imperativae to be observed upon that day; or if any of the people assembled were taken with the falling sickness (by reason whereof that disease is called by the t 〈…〉 Physicians at this day, Morbus comitialis:) last the assemblies were dissolved by reason of the soothsay, which kind of dissolution was caused either by the civil magistrate his observing of signs and tokens in the heaven, and that was called Spectio, and sometimes the coelo observatio; the very act of this observation, though no unlucky token did appear dissolved the assembly: or else it was caused by the Augurs, and civil magistrate promiscuously, whensoever any evil token was seen or heard either by the magistrate or Augur (amongst which thunder was always counted the unluckyest) at which time the assemblies were in like manner to be dissolved: this manner of dissolution was termed obnunciatio or Nunciatio. u Stadius in Flor. l. 3. c. 7. Obnunciabat, qui contra auspicia aliquid fieri nunciabat. Both these kinds are easily to be collected out of that speech in Tully x Cic. orat. Philip. 2. Nos augures nunciationem solam habemus, consuls & reliliqui magistratus etiam spectionem. Here we may fitly in way of conclusion unto this tract, add a just difference to be observed between these phrases, Promulgare, Rogare, Far, et Figere legem. Promulgare legem was to hang up a law not yet asked, to the public view of the people, to be examined by them touching the conveniency thereof. Rogare legem was to use a certain oration unto the people, to persuade the conveniency of the law, which oration because it began with this form of words, Velitis, iubeatisnè Quirites? i. O ye Romans is it your will and pleasure that this law shall pass or no? Hence was it termed legis rogatio. Far legen was when the law had been approved of by the people, then to write it down upon record, and so to lay it up into the treasure-house; y Fr. Maturantius in Phil. 1. cum approbata fuisset lex, in aes incidebatur, & in aerario condebatur, & tunc demùm lata dicebatur. Lastly, Figere legem was to publish the law after it had been approved & recorded z Corn. Tacit annal. l. 11. by hanging it up in tables of brass in their market places, or at their church doors: hence it is that we use a Fr. Matur. in Philip. 12. tabulam figere in the same sense, namely to enact or establish a law, & refigere legem to disprove or cancel a law. b Sig. de jure prou. lib. 3. c. 1. And that which was determined Comitijs curiatis was termed lex curiata, that which was Comitijs centuriatis, lex centuriata, that which was comitijs tributis was not called a law, but Plebiscitum. CHAP. 2. De Comitijs Curiatis. COmitia curiata were those, wherein the Roman people being divided into thirty parishes did give their suffrages: they were so called from curia signifying a parish. And until Servius Hostilius his time, who did first institute the comitia centuriata, all things which were determined by the suffrages of the people, were determined by these curiata comitia: But after the other two sorts of assemblies had been established, these curiata were used only either for the enacting of some particular laws, or for the creating of some certain priests called Flamines. For the better understanding hereof we must remember, that though at first these thirty parishes were parts of the three Tribes (each tribe being divided into ten parishes,) yet in process of time the increase of the Roman people was such, that a great part of the Roman fields were filled with buildings & places of habitation, insomuch that the tribes of the Romans were increased to thirty five: but the parishes (because none that dwelled out of the city were tied to the rites and ceremonies of the Roman religion) did not increase, so that the parishes did not always remain parts of the tribes. Hence it followeth that all the Romans had not power to suffrage in these assemblies, but those alone, who dwelled within the city: for no other could be of any parish. The place where these assemblies were held, was the great hall of justice called from these assemblies Comitium. Before these assemblies were held, it was required that some lawful magistrate for some competent time before hand should solemnly proclaim them, and the thirty sergeants (each parish having for that purpose his sergeant) should call the people together; as likewise three Augurs or at least one should be present to assure them by their observations, either of the favour or displeasure of the Gods. Upon these premises the matter was proposed unto the people, who if they liked it, then they proceeded unto their election; if otherwise they disliked it, than did the Tribunus plebis intercedere i. forbid their proceedings: whereupon their assemblies were presently dissolved. CHAP. 3. De Comitijs Centuriatis. AS those former assemblies were called Curiata à curijs, so were these called Centuriata à Centurijs. Servius Tullius caused a general valuation of every citizen's estate throughout Rome, to be taken upon record together with their age: and according to their estates and age, he divided the Romans into six great armies or bands which he called Classes; though in truth there were but five of special note: the sixth contained none but the poorer sort and those of no worth or esteem. The valuation of those in the first Classis was not under two hundred pounds, and they alone by way of excellency were termed Classici: and hence figuratively are our best and worthiest authors called Classici scriptores, Classical authors. All the others though they were enroled in the second, third, or any other Classis, yet were they said to be Infra classem. The valuation of the second band was not under seven score pounds. The valuation of the third was not so little as an hundred pounds; of the fourth not less than forty pounds; of the fifth not less than twenty five pounds. The sixth contained the poorer sort, whom Horace calleth Tenuis census homines, men of small substance; and also they were called Proletarij, à munere officioque prolis edendae, as if the only good that they did to the common weal, were in begetting of children: and sometimes they were called Capite-censi, that is such as paid either very little or nothing at all towards subsidies, but only they were registered among the citizens as it appeareth by c Sig. de Rome lib. 1. cap. 4. Sigonius. These six great bands or armies were subdivided into hundreds called in Latin Centuriae. The first Classis contained fourscore centuries of footmen, and eighteen of horsemen: the second contained twenty centuries of footmen, and two of workmen, which followed after to make military engines & weapons: the third also, as likewise the fourth contained twenty centuries of footmen, but to the fourth were added two other centuries of trumpeters, drummers, and such like, who upon just occasion did Classicum canere, sound the alarm and upon just occasion did again receptui canere, sound the retreat: the fifth Classis contained thirty centuries of footmen: the sixth or last Classis contained one century: so that in all the six Classes were contained one hundred fourscore and thirteen centuries. Where we must note that all the centuries of footmen did consist the one half in every Classis of the younger sort, who were to make war abroad upon the enemies; the other half of old men, who remained at home for the safety of the city. All that hath been hitherto spoken of these Centuriata comitia, may be collected out of Sigonius in the place above quoted. The chief commander of every century was called Centurio; the rod or tipstaff, wherewith he did strike his soldiers to keep them in array, was called by Pliny, Centurionum vitis. So then we may perceive, that those Centuriata comitia were those, wherein the people did give their voices by centuries, or hundreds. Now the centuries did not consist of those alone which had their places of habitation at Rome, but of certain Municipal states also, & such colonies or other states, that could d Rosin. Antony's lib. 6. cap. 10. Plenum civitatis ius cum iure suffragij adipisci. e Rosin. antiq. Rome, lib. 6. c. 16. Now the custom in old time was, that all these centuries should march in their armour after the magistrate which assembled them, into the Campus Martius, there to give their voices. But this custom continued not long, for thereby they did disarm the city, and give their enemies (if any should assail them in time of their assemblies) the greater advantage: for their greater security therefore, they appointed a flag to be hanged out upon the mount janiculus, some few armed men standing there in watch & ward for the safeguard of the city: and when the assembly was to be dissolved, then did the watch depart, and the flag was taken down: neither could any thing after that be determined; but if they continued their assemblies, than did they proceed to the giving of their voices, in old time thus. Those centuries of the first Classis being the wealthier had the prerogative of suffraging first, and because this first Classis contained more centuries than all the rest, therefore, if they could agree among themselves, the other centuries were never asked their voices. This kind of suffraging being somewhat partial in as much as the richer and wealthier being placed in the first Classis did oversway the elections against the poorer sort of people; thence did the after ages appoint that that century should have the prerogative of suffraging first, upon whom the lot fell. The other centuries were all called f Rosin. antiq Rom. lib. 6. c. 20. Centuriae jurevocatae, and did give their voices not by lots (as the Tribus jurevocatae did) but the elder and wealthier centuries did suffrage next after the prerogative century, accordingly as their place required. CHAP. 4. De Comitiis Tributis. FOR the better understanding of these assemblies by Tribes or wards, it will be needful first to learn, that this word Tribus in this place doth signify a certain region, ward, or local place of the city, or the fields belonging thereunto according to that, g A. Gel. l. 15. cap. 27. Tributa comitia erant cum ex regionibus & locis suffragabantur. It was so called either à tributo dando every several region or quarter paying such a tribute; or quia primò tres tantùm fuerunt, the whole city being at first divided only into three regions, or wards, each national tribe having his several region or local tribe to dwell in. The first national tribe called Ramnenses did in habit the mount Palatine, and the mount Coelius, & those two hills made the first local tribe. The second national tribe called Tatienses did inhabit the Capitol, and the quirinal mountain, which two mountains made the second local tribe. The third national tribe did inhabit the plain between the Capitol and the Palatine hill, and that plain was called the third local tribe. Of these tribes more is spoken in the * Vid. pag. 22. first division of the Roman people. Only here we must note thus much, that in process of time after the city was enlarged, and the number of the Roman citizens increased, these local tribes were also augmented, so that they amounted at the last to the number of 35. some of them being called Vrbanae, others Rusticae; h Sig. de iure Rom. l. 1. c. 3. Vrbanae ab urbis regionibus, Rusticae ab agri partibus erant nuncupatae. And of these two sorts the Tribus rusticae were accounted the more honourable. Moreover we must remember, that a man might be reputed of this or that tribe, although he had no place or habitation therein. Concerning the place where these Tributa comitia were had, sometime they fell out to be in the Campus Martius; sometimes in their great hall of justice called Comitium; sometimes in the Capitol; many times in other places, according to the discretion of the magistrate which caused these assemblies. CHAP. 5. De Candidatis. IT shall not be impertinent to annex some necessary observations touching the Roman petitors or suitors for bearing office: where we will observe these three phrases ambire magistratum, inire magistratum, and abire magistratu. The first signifieth, to sue for an office, the second to enter into the office, the third to depart out of the office. Again the difference of these phrases, Conficere legitima suffragia, & Explere suffragia. i Rosin. of't. Rom. l. 6. c. 20. The first signifieth to have so many voices as the law doth require. The second signifieth to have more voices than any other competitor, but not so many as the law requireth. These persons were termed Candidati, à togâ candidâ, from the white gown which they did wear, as appeareth more at large * Pag. 18. where we have spoken De Romanâ togâ. That they might the easier procure the good will of the people, k Rosin. Ant. Rom. l. 7. c. 8 these four things were expected from them. First Nomenclatio, the saluting of every citizen by his name; for the better discharge of which, they had a certain follower, which should, by way of prompting, tell every citizen's name as he passed by, and hence this prompter was sometimes called Nomenclator, which word doth properly signify a common crier in a court of justice, such as call men to their appearance, whence they had their name from Nomen & calo, an old latin word to call; sometimes Monitor; sometimes Fartor ab infarciendo in aures. Secondly, Blanditia, that is, a friendly compellation by the addition of some complemental name, as well met friend, brother, father, etc. Thirdly, Assiduitas, that is, an hot canvasing or soliciting men without intermission. Lastly, Benignitas, a bountiful or liberal largesse, or dole of money called Congiarium from the measure Congius containing a gallon, because their l G. Trapez. in Phil. 2am. dole was at the first made of oil or wine distributed in those measures. Howbeit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any dole gift or largesse in money or otherwise is called congiarium. The distributors of this dole were called m Sig. de iud. lib. 2. c. 29. divisores & n Barth Latomus in orat pro M. Coelio sequestres, although sometimes sequester signified a briber or corrupter of a judge. Likewise their bounty or liberality consisted in providing great dinners, and exhibiting great shows unto the people, etc. Lib. 3. Sect. 2. Of the Roman Magistrates. CHAP. 1. De magistratibus Romanis. WE being to treat of the Roman magistrates will first see what the definition of a magistrate is. A magistrate is he o Sig. de iur. Rom. l. 1. c. 20. who receiveth by public authority the charge and oversight of human affairs belonging to the common wealth. These Roman magistrates were either to be chosen only out of the better sort of Romans, called the Patricij; or else only out of the commonalty. p Sig. de iure Provinc. l. 3. cap. 1. The first were thence called Magistratus patricij, the second Magistratus plebeij. The Patricij had power to hinder the assemblies of the people; namely their Comitia by observing signs and tokens from the heavens: howbeit some of them had greater power, others less; insomuch that some were called Maiores magistratus, quoniam habebant maiora auspicia i. q Fenest. de magist. Rom. cap. 1. magis rata. Others were called minores magistratus, quoniam habebant minora auspicia. Of these in their order. CHAP. 2. De Rege & Tribuno Celerum. IN the infancy of Rome, it was governed by a king until Tarqvinius Superbus his time, who by maintaining that shameful act of his son towards Lucretia did so incense the people, that they did not only for the present exile him, but decreed that their city should never after that be governed by a king. This king had absolute rule & government over the city. For the safety of his person he had three hundred chosen young men always to be attendant about him, much like unto our king's majesties Guard here in England, or rather his Pensioners. They were called r Plutarch. in Romulo. Celeres à celeritate, from their readiness in assistance: sometimes they were called Trossuli, s Plin. lib. 33. cap. 2. because they alone without the help of any footmen did take a certain city in Etruria called Trossulum. Other times they have been called Flexumines, whereof as yet there hath been no certain reason rendered. Each hundred of them had their several overseer called Centurio: and over them all there was one general overseer and chief commander, whom they called Praefectum vel Tribunum Celerum, his place being next to the king. A second sort of attendants about the king were called Lictores à ligando, according to that, Lictor colliga manus. They did somewhat resemble our Sergeants there being in number twelve of them. Their office was to carry certain bundles of birchen rods with an axe wrapped up in the midst of them: the rods in latin were called Fasces, the axe Securis. t joac. Camerarius in orat pro Flacco. The reason why they carried both axes and rods was to intimate the different punishment that be longed unto notorious and petty malefactors. The reason why they were wrapped up together was not only that they might be thereby more portable, Immedicabile vulnus Ense recidatur etc. but that the anger of the magistrate might be somewhat allayed, whiles they were unbinding. Hence because these Fasces virgarum & securium, did betoken honour and chiefdom in place & authority, by the figure synecdoche this word hath been used to signify honour and dignity, as Fascibus suis abrogatis, he being discharged of his magistracy or dignity. CHAP. 3. De Senatu, & quis Princeps Senatus, & qui Senatores Pedarij? TOuching the election of the Senators, the number of them, and the distinction of them into Senatores maiorum & Senatores minorum gentium, sufficient hath been delivered * Sup. p. 23. in the second division of the Roman people; as likewise * Sup. p. 24. in the third division hath been shown the habit or gown, by which the Senators were distinguished from the Roman gentlemen. Here therefore it shall be sufficient for us to understand, that every solemn meeting or consistory of these Senators was called Senatus. The foreman of them (which could be no other than such as had been either Consul or Censor, was called Princeps Senatus, and his opinion was always first asked. Now among those that had borne those foresaid offices it was in the Censors power to make whom he would foreman. The decree of this consistory was called Senatus-consultum. And many times it is written with these two letters only S. C. The place where this consistory was had they called Senaculum. None was u Mart. Phi leticu●. in Cic l 1. ep. fam. 1. ordinarily admitted into the place of a Senator, before the five & twentieth year of his age: & of those that were admitted, some were allowed to ride unto the Senate-house in a Curule chair, others went on foot: x Mart. Phileticus. ibid. whence these latter were called Senatores Pedarij. They determined their acts which they called Senatus consulta sometimes by departing down their benches, & dividing themselves into sides, those which did approve that which was proposed sided with the party who did Refer ad Senatum i. propose the matter unto the Senate; the others departed unto the contrary side, or if they came not down at all, but sat still on the benches, than did they signify by holding up or beckoning with their hands what side they would take. Now if the mayor part were easy to be discerned, than they rested there, terming that act to be decreed y Hubert. in Cic. lib. 1. ep. fam. 2. per discessionem: and hence these & the like phrases have taken their beginning, In illius sententiam iturus sum, and Manibus pedibusque discedere in alicuius sententiam i. to be fully persuaded of one's opinion. Now if both companies were almost equal, so that the mayor part could not easily be discerned, then did they proceed to give their voices, & that which was thus determined was said to be decreed per singulorum sententias exquisitas i. by voices. Here we may observe that to those, who were favourably heard in Senate, His Senatus dari d●ebatur; and z Ascensius in Cic. l. 1. epist. fam. 4. likewise they were said, Stare in Senatu: as on the contrary they were said jacere, whom the Senate neglected or rather condemned. a Cic. orat. de arusp. respon. Cum mihi stanti iacens minaretur, saith b Rosin. Antiq. l 7. cap. 7. Tully. If any Senator were absent without a lawful excuse, than was he fined, & for the payment thereof he did put in a pledge, which if he did not ransom, than did the common Treasurer Caedere vel concidere pignora i. strain or seize upon the pledges, making common sale thereof, in which sense those two phrases are used, namely, capere pignora, & auferre pignora, i. to strain or seize upon a man's goods. CHAP. 4. De Consulibus. AFter the expulsion of Tarqvinius Sup. the last Roman King, all the citizens in Rome assembled, and concluded that the government of their city, which before was in the hand of one alone governor, called their King, should now be divided between two: c Rosin. of't. Rom. l. 7. c. 9 whom at first (before there was any such subordinate office as a Praetorship) the Romans called Praetores, quod praeirent populo. Not long after they were called judices à iudicando. In process of time they were known by no other name then Consules à consulendo populo. d Cic. orat. Philid. 5. No citizen, was ordinarily created Consul before the forty third year of his age. Neither might any be chosen without special dispensation either of their absence out of Rome, e Suet. jul. Caes. cap. 18. or in time of their triumph which was the reason that julius Caesar was glad to forego his triumph at that time, when he was Consul with Bibulus. The signs or tokens of this Consular dignity were the twelve Lictors carrying their bundles of rods & axes f Alex. Gen. dier. lib. 3. c. 3. the first month before one Consul, & the second before the other; as formerly they had done before their Kings. g Fenest. de magist. Rom. The reason why each Consul had not twelve Lictors always, was because the tyranny of the Consuls might then seem to be doubled and to exceed the tyranny of the Kings: another token was a certain chair of estate called Sella ●burnea i. an ivory chair, so called from the matter whereof it was made, and h A. Gell l. 3. cap. 18. because this chair was commonly carried about in a certain coach or chariot, wherein the Consul did ride, hence from Currus which signifieth a chariot, it is also called Sella curulis: where i Stadius i● Flor. l. 1. c. 5. note that this word Curulis is sometimes used substantively, & then it signifieth some chief magistracy or office amongst the Romans. The gown, by which they were distinguished from other magistrates or private men, was a certain purple gown, which from the great embroadred works was called Trabea, and he that did wear it was thence called Trabeatus, according to that, Trabeati cura Quirini. It will be worthy our observation to note, that the Romans did date their deeds and charters in old time by naming the year wherein their city was first founded; as to say Aburbe condita the twentieth, thirtieth, or fortieth year, etc. But in process of time their manner of dating was by subscribing the names of their present Consuls: as to say, such a thing was determined L. Valerio, M. Horatio Consulibus, such and such being Consuls. Whence Suetonius speaking of jul. Caesar, saith, he was appointed to be Flamen Dialis, sequentibus consulibus i. the next year following. Those alone who had borne the office of a Consul, not every one that was capable thereof were said to be Viri consulares. k I. Tislinus in orat. Cic. pro Coelio. At the first those who were created Consuls remained in their office the space of an whole year, being designati ad consulatum upon the twenty fourth of October. l P. Ramus in orat. Ca●il. 1. At consulatum non inierant ante Calendas jan i. the first of january. The reason of this chasm, or interim between their designation unto their office, and their entry into it, was (as we may probably conject) that the competitors might have some time to inquire de Ambitu i. whether there was no undirect and unlawful means used in their canvasing. In process of time either by voluntary resignation or deposition or death many Consuls have been chosen in the same year, and they were called m Fr. Silvius in Cic. Orat. pro Muren. Non ordinarij, & suffecti consuls. At such times all their deeds were dated by the names of the two first Consuls which began the year: whence those two first, and likewise all those that continued in their office the whole year were called n Rosin. of't. Rom. l. 7. c. 9 consuls Honorarij, and consuls Ordinarij. CHAP. 5. De Censoribus. THE Consuls finding themselves encumbered with so many businesses of a different nature, did by consent of the Senate choose two peculiar officers called o Fenest. de Magist. Rom. cap. 17. Censores à censendo; because they cess and valued every man's estate, registering their names, and placing them in a fit century. For it did concern the Romans to know the number, and likewise the wealth of their people, to the end they might be informed of their own strength, & so shape their course accordingly, either in undertaking wars, transplanting Colonies, or in making provision of victuals in time of peace. A second and main part of their office was in reforming manners to which end they had power to inquire into every man's life. This part of their authority was noted out unto us by this phrase being called Virgula censoria. If any one had played the ill husband, & neglected his farm, or left his vine untrimmed, the Censors took notice thereof. They did Senatu & Tribu movere i. They did depose Senators, and pull down men from a more honourable Tribe to a less honourable. They did punish Capitis diminutione i. with loss of freedom: and that was threefold p I. Tis●in. in Cic. orat. pro A. Coecinna. Maxima, Media, & Minima. The least degree of disfranchising was the pulling of a man down from an high Tribe to a lower. Diminutio media, was an exilement out of the city without the loss of ones freedom. It is q I. Camerar. in orat. Cic. pro Muren. commonly set down in this form of words, Tibi aqua, & igni interdico. Diminutio maxima was the loss of ones Tribe, city, and freedom. These Censors were reputed of the best rank of Magistrates in Rome: they remained in their office an whole five years space ordinarily. I say ordinarily, because r Fenest. de Rom. magist. cap. 7. through the abuse of their place, the office hath been sometimes made annual. s Pomp. Laetus de Rome magist●●. de Censor. That five years space the Romans did call Lustrum, because they did once in every five years revolution Lustrare exercitum Romanum, by sacrifice purge the Roman army. Hence we say duo Lustra, 10 years; tria Lustra, 15 years, etc. The performance of this Lustration belonged also unto the Censors: for after the Censors had performed the one part of their office in registering the just valuation of every citizen's estate, t Panciroll. 〈◊〉 rerum depe●di●arum 〈◊〉 de 〈◊〉 capiendi modo. they did lead a Sow, a Ram, and a Bull three times about the army, and in the end sacrificed them to Mars: and thus to purge an army, is condere Lustrum; though sometimes condere lustrum doth signify, to muster an army. These sacrifices, as likewise all others of the like nature, that is, wherein there was a Sow, a Ram, and a Bull sacrificed, were termed sometimes u Alex. Gen. dier. l. 5. c. 27. Suovetauralia, sometimes Solitauralia, sometimes x Pomp. Lae tus de mag. Rom. cap. de Censor. Taurilia. Moreover it did belong unto these Censors to farm out the tributes, imposts, tollage, etc. y Pancirol. l. rerum deperdit. cap de ci by capiendi modo. At the five years end, the acts of both their Censors were registered upon books of record, which records were laid up in a certain religious house dedicated to the Nymphs. Whence z Cic pro Milone. Cicero speaking of Clodius, saith, Qui aedem Nympharum incendit ut memoriam publicam, incensis tabulis publicis impressam aboleret. CHAP. 6. De Praetoribus. THe Consuls by reason of their many troubles in war, having no time to administer justice unto the Roman people, did for their better help therein create two new officers for the executing of justice, the one to examine and judge of matters within the city between citizen, and citizen; the other to decide controversies between foreigners: The first they a Pighius aequipet. comp called Praetorem urbanum, and Praetorem maiorem; the other Praetorem peregrinum, & Praetorem minorem: we may english them Lord-chiefe-Iustices. Where we must note that at the first there was only the Praetor Vrbanus, until the cases and suits in law became so many, that one was not sufficient to hear them all: b Alex. Gen. dier. l. 2. c. 15. yea at last the number of the Praetors came to sixteen: namely when those two were added for the providing of corn and grain: whence they were called Praetores cereales; c Fenest. de mag. Rom. cap. 19 nay there were at last eighteen Praetors, there being two others added to judge of controversies touching feofments of trust called thence Praetores fidei commissarij. d Fr. Silvius in orat. pro Muraen. Causarun duo genera sut: aliae privatae, aliae publicae; has criminosas, illas civiles appellant. In those cases which were private i. e I Saxonius in Cic. orat. pro S. Roscio touching equity and uprightness of any act or the restitution of any money or goods unlawfully detained from the right owner, it belonged principally unto the f Rosin. antiq. lib. 7. c. 11. two first Praetors to judge: g I. Saxonius ibid. but under them unto the Centumviris, who often times are called by Tully, Recuperatores, & judices hastae; the court Hasta centunviralis; because one of the marks and special ensigns was a spear erected up in the place the court was kept. Those cases which were public or criminal, as treason, murder, buying of voices in the canvasing for offices, &c: were called also, causae capitales, and capitis dimicatio i. h Fr. Sylu. in orat. pro Mur such cases wherein if the party accused had been found guilty he was capite damnatus: by which phrase we must not understand always Vltimum supplicium, sed aliquando exilium: quo scilicet caput i. civis eximitur à civitate. i Rosin. antiq. l. 9 c. 18. These cases at the first were heard by the kings & Consuls; afterward by certain appointed thereunto by the people, being called from their inquisition quaesitores parricidij. In continuance of time the examination and hearing of these public cases was turned over unto certain magistrates, who because they were to continue their office a full and entire year (whereas the others had their authority no longer than they sat in judgement) were thence for distinction sake called Praetores Quaesitores, and the cases were termed Quaestiones perpetuae: k Rosin. antiq. lib. 7. c. 11 because in these cases there was one set form of giving judgement perpetually to remain; whereas in those private or civil causes the Praetor did commonly every year change the form of giving judgement by hanging up new edicts. l Rosin Antony's lib. 6. cap. 18. Here we must note that these Quaesitores Parricidarum, otherwise called Praetores Quaesitores, had not the examination of all public cases, but sometimes upon extraordinary occasions either the Consuls, the Senate, or the people themselves would give judgement. Now as those former Praetors had a spear erected up, whereby their court for private causes was known; so had these Quaesitores a sword hanged out in token of their court. m Sig. de iud. lib. 1. cap. 7. Praetorum insignia duo fuere, hasta, & gladius; illa ad jurisdictionem, hic ad quaestionem significandam. The officers which did attend these Praetors were Scribae i. certain notaries much resembling the clerk of our Assizes, their offices being to write according as the Praetors or chief justices did bid them, taking their name à scribendo. The second sort were called Accensi ab acciendo, from summoning, because they were to summon men to their appearance. They much resembled our bayleiffes errant. The third sort were lictores, of which before: n Fenest. de Rom. magist. cap. 19 The authority of the urbane Praetor was so increased in time, yea his honour was such, that whatsoever he commanded, it had the name of Ius honorarium. o P. Pellit. in Cic orat. pro A. Coecinna. Others are of opinion that only the Praetor's edict was that Ius honorarium, p Pighius Aequipet comp. the Praetor Vrbanus being wont at the entrance into his office to collect a set form of administration of justice out of the former laws and several edicts of former Praetors, according unto which he would administer justice all the year following. And unless the people might be ignorant of the contents thereof, he caused it to be hanged up to the public view. This form of justice was termed Edictum, ab edicendo i. q P. Pellit. in Cic. orat. pro A. Caecinna. imperando; because thereby he did command, or forbid something to be done. Whence Pellitarius in the place now quoted doth translate consulum edicta, Mandatory letters, that it might be distinguished from other magistrates edicts. It was commonly called Praetoris edictum. And as Pighius observeth in the place above quoted, it was called edictum perpetuum; not absolutely, because the virtue thereof was perpetual (for that expired together with the Praetor's office, and therefore r Cic. in. Verrin. 2. Tully calleth it legen annuam:) but in respect of other edicts made in the middle of the year upon extraordinary and unexpected occasions, which latter sort of Edicts s Cic. in Verrin 5. Tully calleth peculiaria & nova edicta. afterward t Sigon. de iudic. lib. 1. cap. 6. Salvius julianus collected an Edict out of all the old edicts of the former Praetors, wherein almost all the whole civil law was contained and this was called properly Edictum perpetuum, because that all the Praetors ever after did administer justice according to that Edict by the appointment of Hadrianus being then Emperor. The edict being given out, the administration of justice consisted in the use of one of these three words, Do, Dico, & Addico i. u I. Camerar. in Cic. orat. pro. Flacco. Dat actionem, Dicit ius, Addicit tam res, quam homines. For explanation whereof we must know, that this word Addico is sometimes verbum Augurale, sometimes Forense, sometimes a term of art belonging unto the discipline of the Augurs, and so the birds are said Addicere, when they show some good and lucky token, that the matter consulted about is approved by the Gods; the opposite hereunto is Abdicere. Sometimes this verb Addico is a term of law signifying as x M. Toxita in orat. pro Pub. Quint. much as to deliver up into ones hands, or into one's possession: whence we do not only call those goods that are delivered by the Praetor unto the right owner Bona addicta, but those debtors also which are delivered up by the Praetor unto their creditors to work out their debt, are termed servi Addicti: yea moreover because in all port-sales it was necessary that the Praetor should Addicere bona deliver up the goods sold: hence doth this word often signify to sell, as Addicere sanguinem alicuius, to take money to kill a man, to sell a man's life. Touching the reason of their name they were called Praetores à praecundo, quoniam iure prae●bāt. And y Fr. Maturantius. in Philippic. 13. those alone were properly termed viri Praetorij, which had borne this office, not they which were capable thereof: in the same sense we say Viri censorij and viri Aedilitij, etc. CHAP. 7. De Imperatoribus, Caesaribus, sive Augustis. WHen C. julius Caesar had overcome Pompey his sons in Spain, at his return to Rome the Senate welcomed him with new invented titles of singular honour, styling him Pater patriae, Consul in decennium, Dictator in perpetuum, Sacro sanctus and Imperator: all which titles were afterward conferred upon Octavius Caesar; and all the Emperors succeeding desired to be called Imperatores & Caesares from him. Where we must understand that this name Imperator was not altogether unknown before, for by that name the Roman soldiers were wont (even at that time) to salute their L. General after some special conquest. z Servius Aen. lib. 6. These Roman Emperors were afterward called also Augusti from Octavius Caesar whom when the Senate studied to honour with some noble title, some were of mind that he should be called Romulus, because he was in manner a second founder of the city. But it was at length decreed by the advice of Manutius Plancus, that he should be styled by the name of Augustus: which we may English Sovereign, and they counted this a name of more reverence and majesty than that former name of Romulus, because all consecrated and hallowed places were called Loca augusta. The authority of these Emperors was very great, even as great as the Kings in former times. CHAP. 8. De Principibus iuventutis Caesaribus, & nobilissimis Caesaribus. A a Rosin. of't. l. 7. c. 13. custom was received amongst the Roman Emperors in their life time to nominate him whom they would have to succeed them in their Empire: & him they called Princeps iuventutis Caesar, and Nobilissimus Caesar. The like custom was practised by Charles the fifth Emperor of Germany, and so hath been continued by his successors; namely, that one should be chosen whom they called Rex Romanorum, who should be so far invested in the title to the Empire by the means of the present Emperor, that upon the death, resignation, or deposition of the then being Emperor, he immediately should succeed. CHAP. 9 De Praefecto urbis. Romulus' for the better government of the city appointed a certain officer called Vrbis Praefectus to have the hearing of all matters or causes between the master and the servant, between orphans and their overseers, between the buyer and the seller, etc. Afterward in time of the Roman Emperors this Vrbis praefectus did assume unto himself such authority, that he would examine and have the hearing of all causes, of what nature soever, if they were Intra centesimum lapidem, within an hundred miles of Rome (for b Despaute●●us in sua syntaxi. Lapis in old time signified a mile, because at every miles end a great stone in manner of a mark-stone was erected.) In the absence of the King or Consuls, he had all authority which belonged unto them resigned unto him. I am not ignorant, that some do make this latter kind of praefecture or lieutenantship a different office from the former: but I should rather think them to be one and the same, only his authority to be more enlarged in the King's absence, and of this opinion do I find Fenestella, Alexand. Neop. and c Sig. de iure Rom. l. 1. c. 20. Sigonius. CHAP. 10. De Decemviris legibus scribendis. FOR the better administration of justice the d Fenest. de mag. Rom. cap. 14. Romans appointed three men, namely those who were reputed the gravest and wisest amongst them to go to Athens there to peruse the Grecian laws, to the intent that at their return, both a supply might be made of those laws that were wanting in Rome, and the other which were faulty might thereby be rectified and amended. At the return of those three men, the Consuls were deposed, and both their authority and ensigns given unto these Decemviri. The laws which they brought from Athens were written at first in ten tables of brass: afterward two other tables were added. At which time those laws began to be known & distinguished from others by the name of Leges 12 tabularum. And according to those laws justice ever after was administered to the Roman people. At first by these ten men appointed thereunto, whose authority was as large even as the Kings and Consuls, in old time only it was annual: one of them only had the ensigns of honour carried before them; one alone had the authority of convocating the Senate, confirming their decrees and the discharge of all state businesses. e Rosin. of't. Rom. l. 7. c. 19 The other did little differ from private men in their habit; only when the first had ruled a set time, the others succeeded by turns. This kind of government did not continue long in Rome, for in the third year all their power was abrogated, because of their tyranny and oppression used by them towards the Roman people. CHAP. 11. De Interregia potestate. AFter the death of Romulus f Dion. Halicar. l. 2. the Senators divided themselves into several companies called Decuriae committing the government of the kingdom to that Decury i. to those ten men upon whom the lot fell, calling them the Interreges: where we must know, that these ten did not rule altogether, but each man ruled for the space of five days, whence g Rosin. lib. 6. cap. 16. Rosinus calleth this magistracy Magistratum quin queduanum. After that five days government had passed through the first, than did they go to lots to have a second decury chosen, and so a third, etc. This office of an Interrex remained even in the Consul's time, so that if by some extraordinary occasion the Consuls could not be created, h Alex. Gen. dier. li. 5. c. 6. than they chose one to whom alone they committed the whole government of the kingdom, and him they called Interregem. CHAP. 12. De Dictatore. WHensoever the Romans found themselves encumbered with dangerous wars, or any other eminent dangers, they presently chose a Dictator, to whom alone was committed the authority and rule of the whole kingdom, differing from a King only in respect of his name, & the continuance of his office. Touching his name he was so called, quoniam dictis eius parebat populus. His office continued but six months and at the expiration thereof if need required he was chosen again for another six months. He was also called i Pighius in Tyrannif. Populi Magister, in as much as none could make their appeal from him unto the people. As soon as himself was established in his office he chose a subordinate officer whom he called k Stadius in Flor. l. 1. c. 11. Equitum magister: his authority much resembled his whom they called Vrbi praefectum: for as the Praefectus urbi in the absence of the absence of the king, so this Magister Equitum in absence of the Dictator had full and uncontroleable authority of doing what he would. CHAP. 13. De Tribunis militum. THese l Rosin antiq. lib. 7. c. 20. military Tribunes were of two sorts. The one had all power and authority, which belonged unto the Consuls; and thence were called Tribuni militum consulari potestate. The occasion of them was this: The protectors of the commons called Tribuni plebis did earnestly labour that the commonalty might be made as capable of the consular dignity as the Nobility: m Rosin. ibid. This was followed so hot that in the end though the nobility would not grant them way unto that dignity under the name of Consuls; yet in effect they would grant it them. Namely the Consuls should be deposed, and in their steed other magistrates should be chosen; part out of the the nobility, part out of the commonalty, who though they were not called Consuls, but Tribuni, yet were they of Consular authority: By which they were distinguished from the other sort of Military Tribunes, who had power and authority only in matters military, and were known by the name of Tribuni militum without any addition. n Alex. Gen. dier. lib. 6. c. 18. Sometimes there was one of these 3. words prefixed Rutuli or Rufuli, Suffecti and comitiati; not thereby to intimate unto us any distinction of office or place, but to signify their manner of election. For if they were chosen by the Consuls, than were they called Tribuni Rutuli or Rufuli, because they had their authority confirmed unto them by virtue of an act or law preferred by Rutilius Rufus, when he was Consul. If they were chosen by the soldiers themselves in their camp, than were they called Tribuni fuffecti i. Tribunes substituted or put in the place of another. Whence we may conject that the soldiers were not permitted to make any election, but in time of need, when their former Tribunes were taken from them by some violent or unnatural death. The last sort called Comitiati were so called because they were chosen by the Roman assemblies called in Latin Comitia. They were named Tribuni, because at the first institution of them (whether we understand the Consular Tribunes or this latter sort) there were but three of each. In process of time notwithstanding I find the number not only of those Consular Tribunes, o Rosin. Ant. lib. 7. cap. 20. but of those other also to have been increased to six accordingly as the thousands in a legion were multiplied. These latter sort of Tribunes, in respect of their military discipline which was to see the soldiers being faulty to be punished, we may english Knights Martial: In respect that their authority was over footmen only, we may english them Sergeant's mayor: only this difference there was, to every thousand of footmen in any legion; there were as many military Tribunes under their chief commander called Imperator. But in our english armies there is but one Sergeant mayor, who alone under the L. General hath command over all the footmeen, be there never so many thousands. CHAP. 14. De Triumviris Reipub: constituendae. THis tyranny of the Triumviratus began by a conspiration between Augustus Caesar, Antonius, & Lepidus. For these three under the pretence of revenging Iul: Caesar his death obtained chief power and authority for the space of five years through out Rome, p Fenest. de magist. Rome, cap. 21. pretending that they would settle the common wealth, which at that time by reason of Iul: Caesar's death was much out of order. Those five years being expired, they refused to resign their authority, exercising excessive cruelty towards all the Romans of what degree soever. q Suet Octa. Aug. cap. 27. This kind of government remained but ten years, neither ever were there any other than those three above named. They had power to enact any new law, to reverse any former Act without the consent of the Senate, or commons. They might prescribe and banish any Roman at their pleasure; and as often as we read the Triumvirate simply without any adiunction, or the Triumvirate Senatus legendi, we are to understand it of this, though some upon unsure grounds do disjoin them. CHAP. 15. De Quaestoribus ararij. THis office of the Quastors seemeth not unlike to a public Treasurers, which collecteth the subsidies, customs, money, yearly revenues, and all other payments belonging to any state or corporation. And hence r Fenest. de Rom. mag. c. 3. quoniam publicae pecuniae quaerendae praepositi erant, they took their name Quaestores: Sometimes they are called Quaestores Vrbani, to distinguish them from the provincial Quaestors, which bare office in the Roman provinces: sometimes they are called Quaestores aerarij, to distinguish them from those that were called Quaestores parricidij, or rerum capitalium, of which you may see more in the tract de Praetoribus. s Sig. de iure Rom. l. 2. c. 8. Lastly they were called Quaestores aerarij, to distinguish them from the Tribuni aerarij i. those Martial treasurers, or Clerks of the band, which did receive the soldiers pay from these city-Treasurers, and so pay it to the soldiers. The office of these city-Treasurers (then being at first but two) was to receive all the city-accounts; to disburse at all occasions of public expenses; to take an oath of him that the soldiers had saluted by the name of Imperator, that he had truly informed the Senate both of the number of enemies slain, as also of the number of citizens lost: otherwise he might bar the Emperor of his triumph. Moreover whatsoever spoils were taken in war they were delivered up unto these city- Quaestors, and they selling them laid up the money in the great treasure-house called Aedes Saturni. CHAP. 16. De Tribunis Plebis. THe t I. Rosa. in Epit. rerum Rom. Roman commonalty finding themselves oppressed by the wealthier sort, departed unto the Aventine mount, threatening the Roman nobility, that they would forsake their city, and never again adventure themselves in war for the defence thereof; unless they did find some release and casement from those excessive payments of use and interest unto their creditors: yea beside the remission of their present debts, before they would return unto their city again, they would have certain magistrates chosen, which should be u Rosin. Ant. l. 7. c. 23. Sacrosancti i. such as might not be hurt or violently used, not so much as in words: and if any had violated that law, whereby they were made Sacrosancti, then was he accounted homo sacer i. an excommunicate person, or such an one whose soul should be vowed unto some God; insomuch that if any after had killed him, he should not be liable unto judgement: x Alex. Gen. dier. l. 6. c. 14. quoniam illius anima dijs devota amplius humani commercij non sit. To these y Rosin. of't. lib. 7. c. 23. magistrates the protection of the commons was committed, who because they were at first chosen out of the Military Tribunes, therefore did they always retain the name of Tribunes, being called that they might be distinguished from the others, Tribuni Plebis, Protectors of the commons. At the first institution of them they were in number but 2, as z Pighius in suo Tyranni fug. some have thought: a Pomp. Laetus. Others say five: afterward (as it is yielded by all writers) they increased unto ten. Their authority at first consisted chiefly in this, that they had power to hinder any proceedings in the Senate, which they thought might prove prejudicial unto the commons; so that they had not authority to enact any new decrees, as afterward by abusing their authority they did. b Stadius in Flor. lib. 3. c. 2. Sed eorum autoritas magis in intercedendo, quam iubendo. And hence was it that in old time these protectors of the commons were not permitted to come into the Senate: but c Pighius in suo Tyranni fug. they sat with out at the door, whether whatsoever was determined with in the Senate was sent unto them, to be perused by them, and if they did approve it, than did they subscribe a great Roman T being the first letter of this word Tribuni. d Rosin. of't. lib. 7. cap. 23. ● The houses of these Tribunes stood open night and day, as a common refuge or place of succour for all that would come; e Pighius in suo Tyranni-fug. neither was it lawful for them to be absent out of the town one whole day through out the year. CHAP. 17. De Aedilibus, & Praefect● annonae. WE may read of three sorts of Roman magistrates called Aediles; the two first had their names ab aedibus curandis, having in their charge to repair both temples & private dwelling houses which belonged unto the city. The first sort were called Aediles curules, â sella curuli, from the chair of state, wherein it was permitted them to ride; and these were chosen f Philet. in l. 2. Cic. epist. fam. 10. out of the Senators. The second sort were called Aediles plebeij, and they were added unto the former at the earnest suit of the commons, they being to be chosen out of them. Where we must note that they were not so added that both sorts should rule at one & the self same time, g Alex. Gen. dier. l. 4. c. 4. but that the Curules should rule the one year, and the Plebeij the other. To these Aediles it did belong, beside the reparation of temples and private houses, to look unto the weights & measures in common sale: for they had power to examine Actiones redhibitorias, that is, such actions, by virtue of which he that had sold any corrupt or sophisticated wares, was constrained to take them again. Moreover they had the charge of the public conduits or water conveyances, of provision for solemn plays, etc. Of the third sort there were also two, who were in a manner Clerks of the Market. h Alex. Gen. Ibid. For unto them belonged the looking unto the victuals sold in the market, and corn: Whence they were called by them Aediles cereales; & i Pighius in suo tyrannif. by the greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. This office, for aught that can be collected out of those that treat of it, differeth but little from his, whom the Romans called Annonae Praefectum; only this, the Aediles Cereales were magistratus ordinarij; the Praefectus extraordinarius, namely, k Rosin. antiq. l. 7. c. 38. such as was choose only in time of extraordinary dearths; he having for that time larger authority than those ordinary clerks of the market. For as it appeareth by Rosinus in the place now quoted, this Praefectus had power of himself to examine all such cases or questions as should arise touching the dearth: as suppose we hoarding of corn, forestall the market, etc. CHAP. 18. De Triumviris. BEside that Triumviratus Reip: constituendae, of which we spoke before, there were diverse kinds of Triumvirates; namely Triumvirs capitales, three high Shireiffes, who had the charge of prisons and were to see malefactors punished: for which purpose eight Lictors did attend them. There were also l Alex. Gen. dier. l. 3. c. 16. Triumvirs Mensarij, three men, we may term them Bankers, who had authority to pay out of the common treasury poor men's debts. Sometimes there were appointed five to this office, whence they were called also m I. Camerar. in orat. Cic. pro Flacco. Quinqueviri Mensarij, both being called Mensarij from Mensa, a table, whereon they told their money. Another sort of Triumvirs there were appointed to press soldiers, whence they were called Triumvirs conquirendi iuvenes idoneos ad arma ferenda. We read also of certain Triumvirs, which were elected as chief captains to guide and conduct the people in transplanting colonies; and thence were they named Triumvirs Coloniae deducendae: but sometimes for this purpose they elected seven, ten, or twenty, and so named them Quinqueviri, Septemviri, Decemviri, and Vigintiviri Coloniae deducendae. Three other sorts of Triumvirs remain, which were offices of small account; as the Triumvirs monetales, three Masters of the Mint, who thence were called Triumvirs A.A.A. F.F. i. Auro, Argento, Aere, Flando, Feriundo; for they had the charge of coining the money. Secondly, Triumuiri valetudinis, Three Pest-men, which were to oversee those that lay infected with any contagious sickness. Thirdly, n Alex. Gen. die●. l. 3. c. 16. Triumvirs nocturni, three Bellmen which were to walk the town at night, and to give notice of fire. CHAP. 19 De praefectis Aerarij. AVgustus Caesar desiring for the better safety of the city to maintain many bands of soldiers, which should always be in readiness for the defence of the city, desired of the city an yearly subsidy for the maintenance of those soldiers: but being denied it, he built a certain treasure-house, which he called Aerarium militare, whereinto he cast his money for himself, & Tiberius; and promised to do so every year. Afterward when he saw the Treasury not to be enriched enough, either by that money which himself bestowed, or by the contributions of others, he appointed that the twentieth part of all inheritances and legacies (except it were to the next of the kin, or to the poor) should fall unto this Treasury. For the charge & custody hereof he appointed three of those soldiers, which always attended about him for the safeguard of his person, calling them Praefectos Aerarij. CHAP. 20. De Praefecto praetorio. ALL captains and governors to whom the rule of an army belonged were in ancient time called o Pancirol. in notitiam imper. orient. cap 5. Praetores; This word Praetor signifying then three chief officers among the Romans: First a Consul; secondly a L. chief justice; thirdly a L. General in war; all of them being called p Pighius in Aequipet. compos. Praetores, quasi Praeitores qurniam iure & exercitu praeibant. Answerable to which threefold acception this word Praetorium hath three several significations: sometimes it signifieth a Prince's palace or manor house; sometimes a great hall or place where judgement was wont to be given; and lastly the L. General his pavilion in the camp; q Asconius in Verrinam 3. from which last signification it is that those soldiers that gave attendance about that pavilion for the guard of their captains person are sometimes called Milites Praetoriani, sometimes Cohors praetoria; Christr Fr. Silvius in Catil. 2am. and he to whom the oversight of these soldiers was committed was thence called Praetorio praefectus. CHAP. 21. De Advocato fisci. FOR the right understanding of this office we must first note a difference between these two words, Aerarium, and Fiscus. Aerarium was a common treasury belonging unto an whole state or corporation, whence all public and common expenses are to be supplied. Fiscus was the Kings or Emperors private coffers: it may be englished the King's Exchequer. The keeper thereof was called Advocatus Fisci. There are many other petty offices with in the city, which I have purposely omitted, because there is but seldom mention of them in old authors; and as often as they are mentioned, their names do explain their office. CHAP. 22. De praecipuis magistratibus provincialibus. OVer the Provinces at first ruled certain magistrates sent from Rome by commission from the Roman Senate, called Praetores, whose office was to administer justice unto the Provincial inhabitants: yea, and if occasion served, to make war also upon their enemies; & this was the reason that the number of the Praetors did so increase always, namely accordingly as the number of Provinces did increase. The wars and tumults in the Provinces sometimes were so great, that the Praetour was not sufficient both to manage war and execute justice: whereupon the Senate thought fit to send another magistrate into the Provinces, whom they called a Consul, because properly the managing of war belonged unto the Consul. So that there were at first two ordinary Provincial magistrates, a Consul to manage war, and a Praetour, or L. chief justice to sit in judgement. And if these two by a second grant from the Senate did continue in their office above the space of an year, than were they called Proconsules, & Propraetores. But in process of time this custom was altered. For than none could be Proconsul's, but those alone who had been Consuls in Rome; neither could any be Propraetours, which had not been Praetors at Rome. Their manner being, that the next year after the expiration of their offices in Rome they should depart into some certain province to bear the same offices again being not called consuls or Praetores as before, but s Alex. Gen. dier. l. 3. c. 3. Proconsules & Propraetores; and for this cause always, so soon as the Consuls had been created, the Senate did appoint certain Provinces for the Consuls, which being appointed the Consuls did either agree between themselves, who should go to the one, who to the other; and that was termed comparare provincias; or else they did decide the question by lots, and that was termed sortiri provincias; howbeit sometimes the Senate did interpose their authority, and dispose the same. Under the Emperors the governors of some Provinces were appointed by the Senate, & the people, and those were called Proconsules, and the Provinces, t I. Camerar. pro L. Flacco Provinciae Consulares, others were appointed by the Emperors, and they were called Propraetores, and the Provinces Praetoriae Provinciae. For all this, which hath been noted touching the Provincial Magistrates, it is almost verbatim translated out of u Rosin. Antiq. l. 10. c. 24. Rosinus. To which we add this, namely that every Proconsul and Propraetor did usually choose a Lieutenant such a one as should be assistant unto him in matters of government, x Pomp. Laetus de magist. Rom. whom they called Legatum. So that this word Legatus signified three several Magistrates amongst the Romans, two whereof may be proved out of y Sig. de iure Prou. l. 2. c. 2. Sigonius; first that it signified such a Lieutenant or L. Deputy under a Proconsul or Propraetour in a Province: secondly, that it signified such a one as is employed in the delivery of a message or embassage from one Prince or State to another: we commonly call them Ambassadors. z Rosin. of't. Rom. l. 10. c. 7. Lastly it signified a Lieutenant or chief captain in war, whose place was next under the L. General. Moreover every Proconsul and Propraetour had with them certain Treasurers, called Quaestores Provinciales. These provincial treasurers a Sig. de iure Prov. l. 2. c. 3. were chosen by the Roman people commonly, namely such a number as the number of Provinces did require. After the election they between themselves did cast lots who should go unto the one, who unto the other Provinces: b Sig. ibid. sometimes extraordinarily by virtue of special Act or decree this or that special man hath obtained this or that Province without any lottery. By the way we must note, that all Provincial Quaestors could not be called Proquaestores, as all Provincial Consuls and Praetours were called Proconsules & Propraetores. c Rosin. of't. Rom. l. 7. c. 45. For these only were called Proquaestores, which did succeed these Provincial Quaestors, when they did either die in their office or depart out of the Province, no successor being expected from Rome: at which times it was lawful for the Proconsul or Propraetor to choose his Proquaestor. Moreover there were beside these Legati & Quaestores d Sig. de iure Prov. l. 2. c. 2. other military officers; such as are the Tribuni militum, Centuriones, Praefecti, Decuriones, together with other inferior officers, as their Secretaries, Baylieffes, Criers, Sergeants, and such like. Lib. 3. Sect. 3. Of the Roman Laws. CHAP. 1. De Legibus. HAving spoken of the civil Magistrates, we will now also descend unto the civil law: where first we will note among other differences between Ius and Lex principally these. First Lex signifieth only the law, but a Sig. de iud. lib. 1. cap. 7. Ius signifieth also that place, wheresoever the law or justice was administered; not only if it were administered out of the tribunal in the Comitio, or great hall of justice, which was termed by the lawyers Agere pro Tribunali: but also if it were administered in a private house, or in one's journey; so that it were by a lawful Magistrate, and out of the curule chair; and this was termed by the Lawyers, Agere de Plano: and hence is it, that In ius vocare signifieth to cite one into the court. Secondly Lex signifieth only the written law, but Ius signifieth equity; so that b Fr. Sylu. in orat. pro Mil. Ius permaneat sempèr, nec unquam mutetur: Lex verò scripta saepiùs. Notwithstanding these two words are used promiscuously one for the other; & therefore leaving all curious differences between those words (whether the Roman laws were truly jura or Leges) thus much we may observe, that the laws used among them were of three sorts; either they were such as were made by several Roman kings, and afterward collected & digested into a method by Papirius, c Fr. Sylu. in epist. virorum illus. l. 5. ep. 1●. from whom it was called Ius Papirianun: or they were such as the Decemviri brought from Athens, and were called Leges 12 tabularum: or lastly they were such as the Consuls, the Tribuni Plebis, & such Magistrates did prefer, whence every several law bore the name of him or them that preferred it. My purpose is to explain only this latter sort; and that not all of them, but such alone as I have observed in Tully, and that chiefly in his orations. My proceeding shall be first to show the diverse kinds of judgements; and then to descend unto the laws themselves, beginning with those which shall concern the Roman religion, and then proceeding to the others, which concern the common wealth. CHAP. 2. De jure publico & privato. THe Cases to be decided by the law were either public or private; & accordingly were the judgements, d Sig de iure Rom. l. 2. c. 18. Velprivata, in quibus ius suum privatus quisque persequebatur: vel publica, in quibus iniuria quae reip. facta erat vindicabatur. The private (as we observed before) belonged unto the Praetori urbano & peregrino i. the L. chief justices, who did either give judgement themselves, and then were they said judicare; or they did appoint others to sit in judgement, and e Sig. de jud. lib. 1. cap. 7. then were they said judicium dare: Yea in their absence there were ten called Decemviri Stlitibus iudicandis i. f Rosin. of't. l. 7. c. 29. Super lites iudicandas, who in the same manner, as the Praetor, might either give judgement themselves, or appoint others; for they were even in g Alex. Gen. dier. l. 3. c. 16. one place and in steed of Praetors. Those which either the Praetor or the Decemviri did appoint to debate the cases under them, were taken out of the Centumviris i. h Pet. Ramus in 2am de lege Agrar. out of certain Commissioners chosen for that purpose; namely three out of every Tribe or ward; so that in all the number of them amounted unto an hundred and five, but in round reckoning they went for an hundred; and from a certain spear that was wont to be erected up in token of this court, hence was the i Sig. de iud. lib. 1. c. 28. Court called either Praetoria Decemviralis, or Centumviralis hasta. In some cases their form of acquittance was thus, k Sig. de iud. lib. 1. cap. 29. secundum illum litem do; whence l Cic. pro Quin. Roscio. Tully saith, Quo minùs secundum eos lis detur, non recusamus i. we do not deny, but they may be acquitted. Those that were cast in their suit, were said Light vel causâ cadere. The public Cases belonged ordinarily (except the Consuls, the Senate, or the people did interpose their authority) unto those whom we called Praetores Quaesitores. Some have m Rosin. antiq. lib. 2. c. 18 thought them to be the same with those, whom Rosinus calleth judices Quaestionum, and that I think not altogether upon unsure grounds: first because most of these public cases, which they termed Quaestiones, had their n Sig. de iud. lib. 2. c. 4. several Praetors to inquire them; whence they were called Quaesitores, & may in my opinion be called judices Quaestionun, especially seeing that those which would have them be different officers, cannot well show the difference of their offices. Now as the Urban Praetor had an hundred commissioners under him: so had these Praetores Quaesitores certain judges chosen o Sig. de iud. lib. 2. cap. 6. by the urban or foreign Praetor, when he took his oath, and that not according to his pleasure as many as he would, or whom he would, but sometimes more, sometimes fewer, sometimes only out of the Senators, sometimes only out of the order of Roman Gentlemen, sometimes out of both; sometimes also out of other orders, p Sig. ibid. according as the law appointed, which often times varied in those points. The judges how great soever the number was, q ● Sig. de iur. Rom. l. 2. c. 18. were called judices selecti, and were divided into several companies called Decuriae. These judges were upon any citation from any of the Praetors, to give their assistance in the Court upon the day appointed by the Praetor. Now the manner how they did proceed in their judgement followeth in the exposition of one of the laws, and therefore I will refer the reader thither. Only let him by the way understand, that whereas Tully is quoted in every law, it is not so much for the proof of the law, as to signify, that he in that place maketh mention thereof. For the proof of the laws I refer the Reader to Rosinus and Sigonius: touching the expositions my marginal quotations do prove sufficiently. CHAP. 3. De Legibus religionem spectantibus. Lex Papiria. L. Papirius Trib. Pleb. established a law touching the consecration or hallowing of places, Cic. pro Domo. that it should be unlawful for any to consecrate either houses, grounds, altars, or any other things Iniussu plebis i. without the determination of the Roman people in their assemblies called Comitia Tributa, which determination was always termed Plebiscitum. Roscia Lex. L. Roscius Otho Trib. Pleb. preferred a law, Cic. Philip. 2. Item pro Muraen. that whereas heretofore the Roman Gentlemen did stand promiscuously with the Commons at their theatral shows, now there should be fourteen benches or seats built for those Roman Gentlemen which were worth HIS. quadringenta i. about 3000● of our English money. As for other Gentlemen whose substance was under that rate, they had a certain place allotted them by themselves, with a punishment imposed upon them, if they offered to come into any of those 14. benches. Here we must note that this character HIS standeth for a silver coin in Rome called Sestertius, and is by Rosinus in this place improperly used for Sestertium. For this character HIS is by our Printers false printed, the true character r Fr. Matur. in Philip. 2. being LL-S signifying duas Libras (as the the two LL do intimate) and Semissem which is intimated by the letter S. Where if Libra doth signify no more than the Roman coin called AS, then is this opinion touching the character LL-S easy to be confirmed. For diverse authors s Chr. Hegendorphinus in Verrinam 1. rendering a reason of the name Sestertius, say it was so called quasi Semitertius i. such a coin as containeth Duos solidos asses & semissem. This Sestertius, was such a common coin among the Romans, t P. Nannius in Verrin. 5. that Nummus and Sestertius became at length one to be used for the other. u Ch. Hegen dorph ius in Verrin. 5am. mill huiusmodi ses●ertij vel nummi faciunt unum sestertium in neutro genere, & conficiunt plus minus viginti quinque coronas. According to which rate quadringenta sestertia amounteth to 4000 l: and every particular Sestertius is according to this rate, in value about three halfpences farthing q. Clodia lex. Publius Clodius Trib. Pleb. made a law, Cic. pro Sextio item de Arusp. respon. by virtue whereof the priest called Pessinuntius sacerdos (from the place where he did first exercise those holy rites in the honour of the mother Goddess) should be deprived of his Priesthood, and the Temple built in the honour of this Goddess should be bestowed upon Brotigarus of Gallo-Graecia. Domitia lex. Cn. Domitius Ahenobarbus Trib. Pleb. enacted a law, Cic. Agtar. 2. that the Colleges of priests should not as they were wont, admit whom they would into the order of Priesthood: but it should be in the power of the people. And because it was contrary to their religion, that Church-dignities should be bestowed by the common people, hence did he ordain that the lesser part of the people, namely seventeen Tribes should elect whom they thought fit, and afterward he should have his confirmation or admission from the College. Lex incerti nominis de vacatione sacerdotum. Cicero in his orations mentioneth a law (not naming the author thereof) whereby the priests were privileged from their service in all wars, Cic. Philip. 8. & pro Font. except only in uproars or civil tumults. x B. Latomus in Philip 7. And these privileges were termed Vacationes. CHAP. 4. De Civitate, & iure civium Rom. Porcia lex de civitate. M. Porcius Trib. Pleb. established a law, Cic. pro Rabi●. & saepè alias. that no magistrate should beat any Roman citizen with rods. Lex Sempronia. C. Sempronius Gracchus Trib. Pleb. preferred a law, Cic. pro Cluentio. & saepè alias. whereby he disabled the magistrate from punishing any Roman citizen, either with rods, or with his axe i. with death, without the allowance of the people. Secondly by virtue of this law, if any magistrate did condemn any Roman citizen Indictâ causâ, he should be liable to the judgement and censure of the people. A third clause to this law was, Ne quis coiret, conveniret, quo quis judicio publico circumveniretur Indictâ causâ. He was said to be condemned causâ indictâ, which was condemned before he had spoken for himself. Although y P. Ramus in orat. pro Rabirio. Indicere pro non dicere, sicut & invidere pro non videre vix reperiatur; tamen indictum & invisum, pro non dicto, et non viso saepè reperiuntur. z Fr. Sylu. in orat. pro Cluentio. They were properly said Coire, which did work under hand against a man, that he might be condemned; we may translate it in this place, to Conspire. a I. Camerar. in orat. Cic. pro L. Flacco. The verb Circumvenio doth commonly signify as much as Circumscribo, to deceive or cheat one: b Fr. Sylu. in orat. pro Cluentio. but in this place, to oppress one with false judgement, procured by bribery or confederacy. Lex Papia de peregrinis. The privileges of the Roman citizens became so great, Cic. pro Balbo. that almost all the inhabitants of the confederate nations, would forsake their own dwellings, & use means to become free denizens in the Roman city; insomuch that the Ambassadors of the Allies, & associates, did grieve much and complain of the loss of their inhabitants: whereupon a law was made by Papius, that all foreigners & strange comers should be expelled out of the city. Cic. offic. l 3. To the same effect was Lex junia, and also Licinia Mutia de peregrinis: the first being preferred by Mar. junius Pennus: the second by L. Licinius Crassus, and Q. Mutius Scaevola. Servilia lex de civitate. C. Servilius Glaucia preferred a law, Cic pro Balbo. Vt si quis Latinus, If any of the Latin associates could prove an action of bribery against a Senator, then should he be made a freeman of the city. Quis Latinus] Here we will observe with c Sig. de iure Ital. l. 1. c. 2. Sigonius, that the Latin people were not always called Latini & Italici● Sed & socij, & Latini socij; & socij nominis Latini, & socij nomenque Latinum, & socij ab nomine Latino, & socij ac Latium dicti sunt. Sylvani & Carbonis lex de Peregrinis. Silvanus and Carbo being Tribuni Pl: preferred a law, Cic. pro. Archia. ut qui foederatis civitatibus adscripti essent, si tum, cum lex ferebatur, in Italia domicilium habuissent, ac sexaginta diebus apud praetorem professi essent, cives Romani essent. Adscripti.] For the right understanding hereof, we must note, that there were d Fr. Sylu. in orat. pro lege Manil. two sorts of citizens; some cives nati i. citizens by birth; others civitate donati i. citizens by donation, or gift: who because they were added unto, and registered with the first sort of citizens, were thence called Adscripti cives. Professi apud Praetorem.] This verb profiteri is some times e P. Ramus in or. Cic. Agra● 2. Comitiale verbum, and signifieth as much as profiteri nomen i. to tender ones name unto a magistrate: & this construction it beareth in this place. Cornelia de Municipijs. L. Cornelius Sylla preferred a law, that all Municipal states should lose their freedom in the Roman city, Cic pro Domo. and also their privilege of having commons in the Roman fields. Gellia Cornelia lex. L. Gellius Publicola, Cic. pro Balbo. and Cn: Cornelius Lentulus being Consuls decreed a law, that all those private persons upon whom Cn: Pompeius in his wisdom should bestow the freedom of the Roman citizens, should ever be accounted free denizens. CHAP. 5. De legibus ad comitia spectantibus. Aelia lex. Q. Aelius Paetus asked a law in time of his Consulship, Cic. multis in locis. ut quoties cum populo ageretur i. as often as any Roman Magistrate did assemble the people to give their voices, the Augurs should observe signs and tokens in the firmament, and the magistrates should have power obnunciandi, & intercedendi i. to gainsay and hinder their proceedings. Ageretur cum populo.] Here we may note the difference between these two phrases, Agere cum populo, and Agere ad populum. f A. Gel. l. 13. cap. 14. He was said Agere ad populum, whosoever made any speech or oration unto the people, & this might be done upon any day indifferently: But then only was it said Agi cum populo, when the people were assembled to the giving of their voices by a lawful magistrate, and this could not be done, g Bersman. de vet. dier. ratione ad finem Ovid Fast. Cic. in suis orat. saepè. but upon one of those days, which they called Dies Comitiales. Fusia lex. Pub: Furius sive Fusius Philus being Consul ordained a law, that upon some certain days, although they were dies Fasti i. Leet-days, yet no magistrate should s●mmon an assembly. Clodia lex. P. Clodius Trib. Pl. abrogated both those former laws, Cic. pro Sext. making it unlawful to observe signs & tokens in the heavens, upon those days when the Roman people were to be assembled: And secondly, making it lawful to assemble the people upon any Leet-day whatsoever. Gabinia lex. At first for many years the Roman people in their assemblies did suffrage Viuâ voce: Cic. 3 de leg. at which time many of the inferior sort, gave their voices contrary to their wills, fearing the displeasure of those that were of higher place. For the better help in this point, Gabinius asked a law, that the people in all their elections might not suffrage Viuâ voce, but by giving up certain tablets, the manner whereof hath been formerly shown: whence both this, and all other laws tending to this purpose have been called Leges tabellariae. Cassia lex. After Gabinius, Cic. in Laelio Cassius also preferred a law, that both the judges in their judgements, and the people in their assemblies should suffrage by rendering such tablets: h Rosin. antiq. lib. 8. c. 3. but this is to be understood only of those assemblies by wards called Comitia Tributa: wherein they treated of mulcts & mercements. Celia lex. Coelius Trib. Pl. established a law, Cic. 3. de leg. that not only in mulcts and mercements, but also In perduellionis judicio i. in taintments of treason against any person of state (namely such as were sacrosancti) or against the common weal, this Tabellary liberty should have place, when the people should judge thereof. In perduellionis iud.] l Caelius Sec. Curio. in ora. pro M●lone. This word perduellis doth signify an enemy unto the state, a traitor: & hence cometh this word perduellio, signifying not only the crime of treason, but the punishment also due thereunto, k Sig de jud. lib 3. cap. 3. Si crimen quoderat gravissimum inter crimina, nempe imminutae maiestatis: si poena, quae erat acerbissima, nempe mortis. Papiria lex. C. Papirius Carbo Trib. Pl. persuaded, Cic. de leg. 3. that not only in their elections, but in the proposal of their laws also, this suffraging by tablets should be used. Sempronia lex. C. Sempronius Gracchus Trib. Pleb. preferred a law, Cic. multis in ●ocis. that the Associates of Latium should have as great right of suffraging, as the Roman citizens. Manilia lex. C. Manilius Trib. Pl. preferred a law, Cic pro Mur. that all those who were Libertini, in what tribe or Ward soever, should have the right of suffraging. CHAP. 6. De Senatu & Senatoribus. Claudia lex. Q. Claudius Trib. Pleb. persuaded a law, Cic. Verrin. 7. that no Senator or Senators father, should have any ship, which should contain above three hundred of those measures called Amphorae, deeming that sufficient for the transportation of their co●e from the Roman fields. Secondly, by this law the Senators were forbidden the use of trading. Amphorae.] l Alex. Gen. dier. l. 2. c. 20. Alexander Neopol. observeth two sorts of these measures, namely, Amphora Italica containing 2. Vrnas; and Amphora Attica containing 3. Vrnas: every urna contained two gallons and a pottle. This in probability is understood of the Italian Amphora. Tullia lex. When as a custom had grown, that many of the Senators having by special favour obtained Liberam legationem, Cic. Philip. ● upon all occasions would abuse that their authority, procuring thereby their private gain, and the increase of their own honour; then M. Tullius Cic. being Consul laboured, quite to take away these kinds of embassages: which though he could not effect, yet thus far he prevailed; That whereas in former times this Libera legatio being once obtained, was never (not through a man's whole life) taken from him again: yet afterward this authority should never be granted to any longer, than the space of one year. Legatio libera.] We may observe in ancient authors three several kinds of embassages. The one, which is a message sent from the Prince or chief governors of one country unto another, and that is expressed commonly by this one word Legatio, without any addition thereunto, sometimes it is called Legatio mandata. The second, which is when one purchaseth the title of an Ambassador, thereby the more honourably to perform some vow made, whence it was called Legatio Votiva. The third is the office or title of an Ambassador, granted upon special favour unto a Senator, that he might with the greater authority prosecute his private suits in law, or gather up his debts in that province whither he went: this last was termed Legatio libera. All three sorts are b●●fly touched by m M. Toxita in orat. Phi. ●. Toxita. CHAP. 7. De Magistratibus. Cornelia lex. L. Cornel●us Sylla being Dictator, Cic. in Pison. made a law, that all such as would follow him in the civil war, should be capable of any office or magistracy before they came unto their full years. A second part of this law was, that the children of such as were proscripti, should be made uncapable of the Roman magistracies. Before they came to their full age.] For L. vilius preferred a law, whereby he made such as were under age, to be uncapable of the city preferments: and those he accounted under age, who had not attained unto that number of years, which he had prescribed each several office: n P. Ramus in Agrar. 2. and this law was termed lex annalis. Proscripti.] Those were termed proscripti, who were not only exiled and banished their country, but also their goods were seized upon and confiscated. o Fr. Maturantius in Phil. 5. Quoniam eorum nomina in publico scribebantur, hinc proscribi dicebantur. Hircia lex. A. Hircius made a law, Cic. Phil. 13. that all those that followed Pompey, should be made uncapable of all places of office. Cornelia lex. L. Cornelius Sylla finding the Praetores i. the L. chief Justices not to give sentence always according to equity, Cic Philip. 2. yea sometimes to go quite contrary to their own Edict, made a law, that every L. chief justice should administer justice according to that his first Edict, hanged up at the beginning of his office. An addition unto this law was, that the L. chief justice should not be absent out of the city above ten days. Clodia lex. In former times it was lawful for either of the Censors to censure whom he pleased, and how he pleased, except his fellow Censor did plainly gain say it, Cic. pro Se●t and make opposition therein. But many abusing this their authority, P. Clodius Trib. Pl. made a law, that the Censors should not overskip any in their election of Senators; neither should they brand any with disgrace, except such as had been accused unto them, and been condemned by them both. Valeria lex. The office of a Dictator at the first institution continued but six months' space, Cic. Verrin. 4. until L. Valerius Flaccus, being Interrex in the vacancy of the Consuls preferred a law, that L. Cornelius Sylla should be a perpetual Dictator. Cornelia lex. L▪ Cornelius Sylla in the time of his Dictatorship, did by virtue of a law preferred by him clip the authority of the Tribuni Pl. disabling them of bearing any office after the expiration of their Tribuneship, Cic. 3. de leg. taking away their authority of preferring laws, of using any solemn speech or public oration unto the people, of hearing appeals, of hindering any statute or decree tending to the hurt of the populacy. CHAP. 8. De legibus. Coecilia Didia lex. Q: Coecilius Metellus, and Titus Didius being Consuls, forbade, Cic. Philip. 5. that una rogatione i. in one and the same bill many things should be proposed unto the people: lest by that means, the people by granting the whole bill might grant something which they would not; or in denying the whole bill might deny some particular clause, which by itself they would have accepted. Moreover these two Consuls ordained, that before a law should be asked in the assemblies it should be promulged i. hanged up to the public view of the people three market days. junià Licinia lex de trinundino. junius Silanus and L. Licinius Muraena being Consuls, Cic. Philip 5. established that law of Coecilius and Didius, annexing a more severe punishment for the breakers thereof. Clodia lex de intercessione. P. Clodius Trib. Pl. made a law, Cic. pro sixth that the Trib. Pl. should have full authority and power to propose laws; neither should they be hindered by the Intercession i. gainsaying of any. Licinia Aebutia lex. Licinius and Aebutius being Tribuni Pl. ordained, Cic. contra Rullum 2. that if any preferred a law touching the oversight, the charge or cure of any business in hand; neither he, nor any fellow officer with him, nor any allied unto him should have this oversight or charge committed to him. CHAP. 9 De Provincijs. Sempronia de provincijs. C. Sempronius Gracchus Trib. Pl. ordained; that the Senate every year before the election of their Consuls, should as it seemed best to them, appoint out what Provinces the Consuls now to be elected; should after the expiration of their office go unto; for which provinces afterward the Consuls designed should cast lots. Another clause to this law was, Cic. de province consularibus. that whereas in former times, by a decree from the Senate it was lawful for the Tribunes to hinder the Roman assemblies, henceforward they should have no authority. Cornelia de Provincijs. L. Cornelius Sylla being Dictator preferred a law, Cic ep. 9 ad Lentul. that whosoever went into a Province cum imperio, tam diu illud imperium retineret, quoad in urbem reversus esset: whereas in former times his rule and government was to be resigned at the expiration of a set time appointed: yea although no successor were sent, it could he not continue there cum imperio without a new commission. A clause added unto this law was, that after the coming of any new Precedent or governor into the Province, the old Provincial Precedent should depart within thirty days. Esse cum imperio.] i. p Sig. de 〈◊〉. Prov. l. 3. c. 13 Exercitui praeesse q Sig. eiusd. lib. cap. 6. Cic. pro L. Muraen. vel haebere ius administrandi, & suis auspicijs gerendi belli. Titia lex de Provincijs. Titius, or (as r Melanct●on. in orat. pro Muraena. some say) Decius preferred a law, that the Provincial Treasurers called Quaestores, should cast lots for their Provinces: whence Tully in the oration now quoted inferreth, that although Ostia being the better Province fell upon Servius Sulpitius, yet in as much as it fell lege Titia i. by casting lots, he could not therefore challenge any superiority above L. Muraena. Sed utriusque nomen consedit in Quaestura i. their same and renown was equal in their Quaestorship. julia lex de provincijs. C. julius Caesar established two laws touching the Roman Provinces: Cic. Philip 1. one that no Praetour should govern a Province above twelve months; nor Proconsul above two year. The several heads or clauses of his second law could not all be found out, but those which have come to light are these. First that Achaia, Thessalia, and all Graecia should be free, neither should any Roman Magistrate sit in judgement in those Provinces (Cic. pro domo.) Secondly, that the Provincial governors and their Comites i. assistants or attendants, should have hay, and all other necessaries provided than on the way, by those towns & villages through which they passed. (Cic. in Pison.) Thirdly, that the Provincial Magistrates at their departure, should leave a book of their accounts in two cities of their province, and likewise should send a copy of their accounts unto the Roman treasure-house (Cic. in Pison.) Fourthly that it should neither be lawful for the people to bestow, nor for the Provincial Magistrate to receive Aurum eoronarium unless it were in a triumph (Cic. in Pison.) Lastly, that it should be unlawful for the Provincial Magistrate without the allowance of the people or the Senate, to depart out of their province, to lead forth any army, to wage war, or to go into any foreign country. (Cic. in Pison) Aurum coron.] s Lipsius' de magnit. Rom. lib. 2. cap. 9 There was a custom amongst the Romans in times of victory to present unto the L. General Coronets of gold, instead whereof the afterages presented a certain sum of money, which was thence called Aurum coronarium. Vatinia de Provincijs. P. Vatinius Trib. Pl. procured a law, that C. julius Caesar should have the government of Gallia Cisalpina, and Ill●ricum for five years' space, without any decree from the Senate, Cic. pro Bal bo. or casting lots. Secondly that they also should go as Legates or L. Deputies unto Caesar, without any decree from the Senate, whosoever were nominated in that law. Thirdly that Caesar should receive money out of the common treasure-house towards having an army. Lastly, that he should transplant a Colony unto a certain town of Cisalpina Gallia called Novocomum. Clodia de Provincijs. P. Clodius being Trib. Pleb. procured a law that the government of Syria, Cic. Pro Domo. Babylon, and Persia should be committed to Gabinius. The government of Macedonia, Achaia, Thessalia, Graeci●, and all Boeotia should be committed unto Piso; and they should receive together with an army, money out of the common Treasury towards their journey. Clodia altera de Cypro. P. Clodius preferred another law, Cic. pro sixth that the Island Cyprus should be made a Province. That P●olemaeus the king of Cyprus sitting in his purple, with his sceptre and other his princely ornaments Praeconi publico subiiceretur, & cum bonis omnibus publicaretur i. should himself with all his goods be sold by a common crier. That M. Cato being then Treasurer, cum iure Praetorio, adiecto etiam Quaestore, having by commission the office of a L. chief justice, and another Treasurer to accompany him, should be sent into the Island Cyprus, both to make sale of the king's goods & estate, and also to bring back the money. Lastly it was decreed by this law, that those who lived in exilement at Byzantium being condemned for some capital crime, should be brought back unto that city, under the name of Romans. Praeconi publico subijceretur.] For the better understanding of that phrase, we are to understand the manner of port-sale amongst the Romans: which we may read in Sigonius thus. Those things were rightly sold in port-sale, which were publicly sold Per praeconem sub hastu i. by the crier under a spear sticked up for that purpose, and some Magistrate making good the sale by delivery of the goods. Whence I take Publico praeconi subijci, & Hastae subijci to signify one and the self-same thing, namely to be set at sale: and t Cic. Phillip 11 Cicero useth almost the self same phrase, Bona Cn. Pompeij, voci acerbissima subiecta praeconis. This kind of sale was termed Auctio; because as Sigonius saith in the same place, to him the goods were sold, Qui plurimum rem augeret i. which would bid most for it: & hence is the seller thereof termed Auctor, as u Verrin. 7. Cic. Id quod à malo auctore emissent i. that which they had bought of one which had no authority to sell: & from this custom of setting up a spear in this kind of sale, this word Hasta alone is used to signify port-sale, as x Cic. Phil. 8. Hasta Caesaris, the sale of Caesar's goods. Those who bought these goods y Cic. in Ver. Tully doth call Sectores, z Sig. de iud. lib. 2. c. 24. quia spem lucri sui sectabantur. CHAP. 10. De legibus Agrarijs. THose laws were termed Leges Agrariae, which did concern the division of the public or common fields. And these were either given by Romulus and other kings; or taken from the enemies, or from private men which had made incloasures; or lastly bought out of the common Treasury. Vid. a Sig. de iure Ital. l. 2. c. 2. Cic. pro Sext. Sigon. Sempronia lex Agraria. Titus Sempronius Gracchus Trib. Pleb. preferred a law which forbade, that any of the Romans should have to his own part above five hundred acres of the common fields, the one half of which it was lawful for his sons to enjoy. If it had so happened that any should enlarge these common fields, three surveyors called the b Sig de iure Ital. l. 2. c. 2. Triumvirs agro dividundo, did mark out which was common, which private ground. Moreover it was by this law provided, that the money of king Attalus who made the people of Rome his heir, might be bestowed upon those citizens, which had by this law obtained a part of the common fields, to the buying of instruments for husbandry. Moreover, that the king's lands should be farmed out at a set rend by the Censors, whence an yearly tribute should be paid to the people. Cornelia lex. L. Cornelius Sylla being Dictator preferred a law, that all the fields of those Romans which he had banished, should be common. This publication is to be understood chiefly of those fields in Thuscia near unto the city Volaterrae, and the city Fesulae, Cic. in Rullun. which grounds Sylla divided amongst his soldiers. CHAP. 11. De frumentarijs legibus. Sempronia lex. T. Sempronius Gracchus being tribune of the commons provided, Cic. pro Sext. that a certain quantity of corn should monthly be given unto the poorer sort at a low price, Semisse & triente, that is, about six pence farthing a bushel. Hereupon was there a place appointed in Rome for the keeping of this common corn, together with certain laws hanged up there called leges frumentariae. This place was called c Rosin. antiq. lib. 8. c. 1● Horrea Sempronia. Semisse & triente.] It appeareth by the next law, that Semissis in this place, must signify the same as semiaeris doth there. Whereby we may note, that semissis doth not always signify the half part of the Roman coin called As, but sometime it signifieth a greater coin valuing almost our six pence. Clodia lex. P. Clodius Tribunus Pleb. ordained that that corn which heretofore was sold to the poor senis aeris & trientibus in singulos modios, that is, for six pence farthing a bushel, should hereafter be given gratis, and the charge and oversight of this dole was committed to Sext. Claudius. Cic. pro Sext. in Pisone. Terentia Cassia. M. Terentius and C. Cassius being Consuls preferred a law, Cic. Verrio. 5. & 7. Vti alterae decumae à provincijs coemerentur, pretio in singulos modios HS trium constituto. Item ut civitatibus aequaliter imperaretur, pretio in singulos modios HS quatuor constituto. For the better understanding of this law, we must note d Sig. de iure Prov. l. 1. c. 1. a threefold tithe paid by the Provinces. The first was the tenth part of the grain, growing in the Province to be paid in gratis, and that was properly called Decumae, or frumentum decumanum, and those that took this tithe to rent were called thence Decumani. A second sort of tithes was a certain quantity of corn taken up for the L. Precedent or chief governor of the province to keep his house, & that was called Frumentum aestimatum i. corn gathered up by way of taxation: for so this word aestimo coming from aes doth signify. e Fr. Sylu. in or. pro Cluentio. Est autem aestimare ab aere dictum, id quod vulgo dicunt appreciare & taxare. The third sort of tithes, was when the Senate finding scarcity of corn in Rome, did enjoin the Provinces to sell them a quantity of corn at a price set down by the Senators themselves, and this corn sold upon injunction, if it was paid but once in the year, it was termed Frumentum emptum: but if in the same year a second sale was enjoined them, than they called that second pay Fr●mentum imperatum. In the first clause of this law by [alterae decumae] is meant frumentum emptum; in the second clause, by these words [civitatibus aequaliter imperaretur] is understood Frumentum imperatum. Lex Hieronica. Hiero king of Sicily obtained a law, Cic. Ve●rin. 4. wherein was set down the quantity of corn that the Aratores or country farmers should pay unto the Publicani i. those which received the tithes, together with the time of payment & the price agreed upon. CHAP. 12. De re militari & bellis. Gabinia lex. A. Gabinius Tr. Pl. preferred a law that the managing of the war against the Pirates should be in such manner committed unto Pompey for three years space, Cic. pro lege Manilia. that over the whole sea between Hercules his pillars, and in the maritime provinces unto the four hundredth Stadium from the sea, he should have power to command any Kings, L. Presidents, or whole corporations to furnish him with all things necessary for that war. Manilia Lex. C. Manilius Trib. Pleb. persuaded a law, Cic pro lege Manilia. that the managing of war against Mithridates should be committed unto Cn. Pompeius. That the whole Province where L. Lucullus ruled, together with his whole army should be resigned up unto him. Moreover that Bythinia, where Glabrio ruled, should be added, together with all those bands and forces, which he had upon the sea against the Pirates, and all those provinces, over which the law Gabinia did entitle him governor, as Phrygia, Lyc●onia, Galatia, Cappadocia, Ciliciae, Colchis superior, and Armenia. CHAP. 13. De Tutelis. THis word Tutela doth signify a wardship, guardianship, or protection of a child in his non age: whereof f I. Camerar. in orat pro L. Facco. Camerarius observeth four sorts, & we may with Pellitarius add the fifth. Either the overseers were appointed by will; or else the next of the kin were overseers; or the magistrate did appoint whom he thought fit: and these three sorts g I. Omphal. in orat pro Cecinna. Omphalius calleth thus: the first Testamentarian, the second Legitimam, the third Dativam. The fourth sort Camerarius calleth Tutelam fiduciariam, quae eorum est, qui emancipati desijssent esse agnati. The fifth h Pellitarius pro Cecin. Pellitarius calleth Tutelam honorariam, namely when as the office of administration is committed to others, but yet certain chief overseers were appointed to see the will performed, who were called Tutores honorarij. i Cic. pro Muraen. Where we must note, that the law provided overseers, not for children under age only, but for women also. Emancipati desijssent esse agnati] By the Roman law every son was in such subjection unto his father, that before he could be released of this subjection and made free, he should by an imaginary sale k Vid leg 12. tabul. be sold three times by his natural father to another man, who was called by the lawyers l Sig. de iure Rom. l. 1. c. 10. Pater fiduciarius i. a father in trust; yea & be bought again by the natural father, and so manumised by him, & then he became free. The form of this kind of sale or alienation is set down more at large in the explanation of one of the laws that followeth, with an example not much unlike this. This imaginary sale was called Mancipatio; the children thus alienated from the father were termed Emancipati; this form of setting free was termed Emancipatio. This F●duciaria tutela then, in my opinion was thus. That when any goods did fall unto a child thus alienated, by the death of his father, then should not the oversight of this child fall unto the next of the kin termed Agnati, but Quoniam desiit esse agnatus i. because he had in a manner lost his alliance with his kindred, therefore should the oversight of the child belong unto the father in trust, termed Pater fiduciarius, whence the guardianship itself was called Tutela fiduciaria. Laetoria lex. This law made by Laetorius provided, that there should be overseers appointed for those which were distracted, C. 3. de office or did prodigally waste their patrimony. For, as it appeareth by the common adage, Ad agnatos & Gentiles deducendus est, they did account all prodigals, mad men: they meaning no more by that, than we do by our english proverb, when we say of a spendthrift: let him be begged for a fool. The reason of their adage was, because if any were distracted, by the Roman law his wardship fell Adagnatos & Gentiles i. the next of the kindred. CHAP. 14. De Testamentis. BEfore we descend unto the laws themselves, we will explain those three diverse sorts of wills in use amongst the Romans. Namely Testamentum calaris comitijs, which was so called, because twice in the year in time of peace the Roman people assembled themselves together to this end and purpose, that if any would make his will the whole people might bear witness there unto: these assemblies were termed Calata comitia. Secondly Testamentum in procinctu i. when a soldier in time of war ready to give battle, did call out three or four of his fellows, & in the audience of them did by word of mouth pronounce his last will and testament. Thirdly, Testamentum per emancipationem familiae i. by making over his goods and possessions under a feigned form of sale, unto a second party called Haeres fiduciarius & imaginarius i. an heir in trust, who should afterward resign them unto the true and lawful heir: and this imaginary kind of sale, was performed with certain solemnities circa aes & libram: and also the sale itself was sometimes called Nexus, as likewise Emancipatio. Hence was the will sometimes called Testamentum per aes & libram, sometimes Testamentum per Nexum. For the proof of this, which hath been delivered, touching the three sorts of wills I will refer the reader to m Sig. de iure Rom. l. 1. c. 12. Sigonius. Furia lex. C. Furius Trib. Pleb. made a law, Cic. Verrin. 3. that it should not be lawful for any to give away in way of legacy, unto any, except to the kinsmen of him which manumised him, or some other certain persons, supra mill asses i. above fifty shillings or thereabout, there going 2 Asses & semis to the making of one Sestertius. Voconia lex. Q. Voconius Saxa Trib. Pleb. tulit legem, Cic. Verrin. 3. Ne qui census esset, virginem, neve mulierem supra quadrantem suorum bonorum haeredem institueret, plusue cuiquam legaret, quam ad haeredem, haeredes ve perveniret. Census.] This word Census doth sometimes signify all such as have tendered the just valuation of their estate unto the Censors: and then Incensus is opposite to it, signifying such an one, as hath not tendered his estate or name to be registered by the Censors. But in this place Census is taken for such a rich man, whose estate was in the Censors book valued at one hundred thousand Sesterces (Vid. Asconium in Verrin. 3.) Supra quadrantem suorum bonorum] i. No woman should be heir to more than one quarter of such a rich man's goods. For the right conceiving of this, we must note with n Barth. Latom. in orat. pro Cecinna. Latomus, that the whole inheritance (were it never so great) was termed As, and that was divided into twelve parts which the lawyers called Vnciae: Duae unciae dicebantur Sextans; tres quadrants, quatuor Triens, quinque Quincunx, sex Semissis, septem Septunx, octo Bessis, novem Dodrans, decem Decunx, undecim Deunx, Totum As, ut dictum est. Again every Vncia was divided into six parts called Sextulae: Duae sextulae Duellam, tres Semunciam faciunt. So then according to the lawyers (as o Alex. Gen. dier. l. 1. c. 1. Alexander observeth) if there were one heir alone instituted, he was termed Haeres in Assem totum institutus; if otherwise there were many coheirs, than was it according as the Testator did appoint. Some were ex Deunce haeredes i. heirs to eleven parts of his goods, there being but one part bestowed from him: some were haeredes ex quadrante i. heirs to one quarter of his goods: others were Haeredes ex semuncia i. they had the four and twentieth part: others were Sextula aspersi i. they had the threescore and twelve part of the whole As i. of the whole inheritance be it more or less, etc. Here we must understand that there is great difference between these two phrases. Institui haeres in totum Assem, & ex toto Ass. For all those, which were nominated Haeredes, whether it were ex Dodrante, quadrant, vel Semuncia, or howsoever, yet were they termed Haeredes ex toto Ass i. they were not Legatarij, such as received legacies. Now none can be said In totum assem institui, but he which is the alone & sole heir unto the whole. CHAP. 15. De Vsu-capione. Atinia lex. A Tinius made a law, Cic. Ve●rin. 3. that the plea of prescription or long possession should not avail in things that had been stolen, but the interest which the right owner had in those stolen goods should remain perpetual. The words of the law are these: Quod surreptum est, eius rei aeterna auctoritas esset. Where by p Sig. de iure Rom. l. 1. c. 11. auctoritas is meant ius dominij. This crime of theft as likewise of usury was so odious unto the Romans that whosoever was found guilty thereof was condemned q Fr. Sylu. in Verrin. 1. Lege quadrupli i. to pay four times as much: whence the informers against such were termed Quadruplatores. CHAP. 16. De judicibus, & judicijs. Lex accusatoria. TVlly mentioneth a law termed lex accusatoria, which in truth was no law, Cic. pro Mur. neither was there any author thereof: but there was a such a received custom amongst the Romans, that the accuser should object against the party accused, not only the present crime then questioned, but all other escapes and faults committed long before to the bettering of his matter: that at length this accusatory custom became in manner of a law, and so was called Lex accusatoria. vid. Franc. Syluium in orat. pro Mur. r Alex. Gen. dier. l. 3. c. 5. Their custom also was to procure others to join with them in their accusations; those s Cic. pro Muraen. Tully calleth Subscriptores, because they did subscribe unto the accusation. Lex Servilia & Sempronia. Whereas Sempronius had preferred a law, Curio in ora. pro Scauro. whereby he took away the authority of sitting in judgement from the Senators, and appropriated, it to the Roman Gentlemen; Q. Servilius Caepio being Consul did afterward prefer another law, whereby the administration of judgement was divided between the Senators and the Gentlemen. Rupilia lex. Rupilia lex vetabat diebus triginta sortiri dicam.] Cic. in Verr. Here we must note with t Sig. de iure Prov. l. 2. c. 5. Sigonius, that this law was of force only in the province of Sicilia: also that it is one thing scribere dicam i. to enter an action, another sortiri dicam i. by lots to choose the judges, which was 30. days after. Livia lex. Though by virtue of Servilius his law the Senators were made capable of the office of a judge, Cic. de orat. l. 3. yet they were not thereby equally capable with the Roman Gentlemen: & therefore did M. Livius Drusus ordain, that the judges should be elected equally out of both orders, namely three hundred out of the Senate, and three hundred out of the Gentry. Plautia lex. M. Plautius Sylvanus preferred a law, Cic. pro Cornel. that the number of judges should be chosen not only out of the Roman Senators and Gentlemen, but out of the populacy also, namely out of every Tribe fifteen judges. Aurelia lex. L. Aurelius Cotta being Praetor made a law, Cic. in Verr●e saepe. that the judges should be chosen out of the Senators, the Gentlemen, and those Martial Treasurers or Clerks of the band called Tribuni aerarij. Pompeia lex. Cn. Pompeius Magnus being Consul ordained, Cic. in Pison. that the judges should be elected out of the wealthiest Centuries, tying the election notwithstanding to those three degrees of people, namely Senators, Gentlemen, & Martial Treasurers; also he added that the number of judges to examine causes should be seventy and five. julia lex. C. julius Caesar ordained, Cic. Philip. 1. that the election of judges should be out of the Senators and Gentlemen only, leaving out the Martial Treasurers; and this Tully calleth legen judiciariam Caesaris. Antonia lex. M. Antonius tulit legem, Cic. Philipp. 1. & 5. ut tertia judicum decuria è Centurionibus, Antesignanis, Alaudis, Manipularibus fieret. judicum decuriae:] When the L. chief justice had taken his oath, he chose out some ex certis ordinibus, non ex omni populo i. out of such degree and place, as the law required, to sit in judgement in the trial of those cases, which were termed causae publicae: and these judges he afterward divided into lesser numbers called Decuriae. vid. Sigon. de iure Rom. lib. 2. cap. 18. E Centurionibus.] Centuriones were captains over an hundred footmen. Antesignanis.] This word Antesignanus hath a double acception in the Roman histories. Sometimes Antesignani do signify the third part of the Roman army: For all those soldiers, that fought before the banners or ensigns, as they were called Hastati in respect of their weapon, so were they called Antesignani in respect of their ensigns, before which they fought. The second part of the army as they were called Principes in respect of their prowess and valour, so were they called Subsignani, as fight under the ensigns. The third part, as they were called Triarij because they fought in the third, or rearward, so were they called Postsignani, as fight behind the ensigns. Where we must not think, that those which were called Antesignani, & Subsignani, were altogether destitute of ensigns among themselves (for every Maniple had his ensign) But the Eagle and other chief ensigns were carried by the Subsignani, and in respect had to them they had their names. And hence ariseth the second acception of this word, namely that all those soldiers of every Maniple, which stood in front before their ensign were called Antesignani, & those were commonly the best soldiers in the company. See the several proofs of this. Lips. Milit. Rom. lib. 4. dial. 3. Alaudis.] jul. Caesar pressed a legion of soldiers out of Gallia Transalpina, all which afterward he made free of Rome. This legion he called Legionem Alaudarum, from the form of their helmets which did resemble the head of the Lark, called in french Alauda. Barthol. Latomus in Philip. 1. Manipularibus.] Those captains which governed a Maniple of soldiers, were called Manipulares. Fr. Maturantius in Phil. 1. Cornelia lex. L. Cornelius Sylla, preferred a law, that the chief judge of the bench called judex quaestionis, Cic. pro C●entio. should refer it unto the choice of the defendant, whether he would have judgement passed on him Clam an Palam i. (as Silvius observeth) either by voices, or by tables. Memnonia lex. This law (made by Memnius) provided, that no action should be entered against those, Cic. in Vatin. who were employed abroad in businesses for the common wealth. An addition unto this law was, that whosoever should calumniari i. forge an accusation against another, Cic. pro sixth Roscio. a certain letter should be burnt in his forehead in token of infamy. This law is sometimes called Lex Rhemnia. Here we may with u Fr. Sylu. in orat. pro Cluentio. Fr. Silvius observe the difference of these three phrases, Calumniari, Praevaricari, and Tergiversari. He which doth in his accusation forge faults never committed, is said Calumniari. He which undertaketh ones suit, and either will not urge reasons in the behalf of his client, or answer the objections of his adversary when he is able, is said Praevaricari i. to play the false Proctor. He which doth desist in his accusation, and let his suit fall, is said Tergiversari. Lex incerta de Nexu. In iis rebus quae mancipi sunt, Cic. pro Mur. is periculum judicij praestare debet, qui se nexu obligavit i. If the buyer of any thing in that form of sale called Nexus be troubled in law, the seller thereof must secure him, and save him harmless. Mancipi sunt.] x Fr. Sylu. in orat. pro Mur. Those things were termed res Mancipi, which were alienated from the seller Nexu i. by such a form of sale as followeth. The form was thus; At the least five witnesses, all Roman citizens and of full age, besides one called Libri-pens (from holding of a pair of balances) should be present: and the chapman or buyer should come with a certain brass coin in his hand, and say (for example sake, if it were a bondslave to be sold) Hunc ego hominem ex iure Quiritium meum esse aio, i●que mihi emptus est hoc aere; and forthwith striking the balance with the brass coin, he gave it to him that made the sale. This kind of chaffering was termed Nexus, as we may suppose a nectendo, because it did bind the seller to make good the sale: y Sylu. ibid. sometimes it is called Per aes & libram venditio, because of the ceremonies used in it. z Melanct. 〈◊〉 ora. pro Mur. Now it is commonly called Mancipatio, a I. Camerar. in orat. pro Muraen. à manus capione, from taking that which is sold into one's hands or possession: whence the word Mancipatus, and Mancipium are used to signify a bondslave, that is in this manner sold; though sometimes Mancipium doth signify the sale itself: whence Cic. useth this phrase, Lex Mancipij, to signify a clause or condition put in the sale. All things sold after this manner were termed Res mancipi; b Priscian. l. 3 vid. F. Sylu. in ora. pro Mur. The word Mancipi being a noun indeclinable, as Frugi, Cordi; Huiusmodi, etc. We may conject the reason of these balances, why they should be used in this kind of bargaining, to be, because c Alex. Gen. dier. l. 4. c. 15. in old time they did not bargain by paying coined money, which was called Aes signatum, but by paying a certain weight of money, whence such money was termed Aes grave. And hence it is, that metaphorically we translate Pendo and Rependo, to pay and repay. CHAP. 17. De Maiestate. Lex Varia. Q. Varius Trib. Pl. made a law, that the Praetores Quaesitores should sit in judgement upon those, Cic. pro Cornel. by whom the Allies or Associates had been moved to attempt war against the Roman people. julia lex. C. jul. Caesar ordained, that such as were condemned of treason, Cic. Philip. 1. or causing uproars in the common wealth, should be banished. CHAP. 18. De Ambitu. THose laws were termed Leges de Ambitu, which were made against undirect or unlawful courses used in canvases for offices. Fabia de Ambitu. This lex Fabia restrained the number of those poor men who because they were wont to follow up & down, & all the day to attend such as did stand for offices, were thence called Sectatores. Acilia Calpurnia. M. Acilius Glabrio, Cic. pro Mur. and C. Calpurnius Piso, being Consuls, made a law, that such as were convinced of sinister and undirect means used in their canvases, should be fined at a certain sum of money set on their heads, & they should be made both uncapable of bearing office, and uneligible into a Senator's place. Senatus-consultum de Ambitu. M. Tullius Cic. and C. Antonius being Consuls, a certain decree was made by the Senate, Cic. pro Mur. that if such as did either salute or attend upon those that stood for offices, were hired by any manner of reward; or if any public prizes were occasioned to be played; or any public feasts made by them, they should be liable to the censure of Calpurnius his law. Tullia lex. M. Tullius Cic. made a law, that no man standing for an office should cause any public prize to be played, within two years that he either had stood, or should stand for an office, unless the day had formerly been appointed by some will. Item he ordained, that Senators being found to have used unlawful means for the attaining of any office, Cic. pro sixth. should suffer ten years exilement. And the commonalty offending in that point, should be punished with an heavier punishment, than the law made by Calpurnius la●ed on them. An addition unto this was, that if any being cited to his answer in the court for his undirect means, Si morbum excusaret i. If he did urge his sickness for his not appearance, then should he undergo a penalty. Si morbum excusaret.] So that Tully here seemeth to cut of that liberty which the twelve tables permitted in these words [Si judex alteruè ex litigatoribus morbo sontico impediatur, judicij dies diffisus esto] i. If either judge, Plaintiff, or Defendant were sick, they should diffindere diem. i. d Sig. de iud. lib. 1. cap. 28. proffer & in aliud tempus reijcere, prorogue the time of judgement. And unless some might think, that by morbus sonticus was meant some strange disease, Sigonius inferreth that every disease is termed Sonticus, which hindereth us in the performance of our businesses: Sontes enim nocentes dicunt. Licinia de Sodalitijs. M. Licinius. Crassus' being Consul, Cic. pro Plancio. persuaded ut in Sodalitijs judices ab accusatore ex tribubus ederentur. Sodalitia.] In the later times the Romans in their canvases would gather together a certain company of their side or faction to follow them, terming them Sodales: & these Sodales would as it were by violence force the people to suffrage with them, whence the violence offered by them was termed Sodalitia. Sig. de jud. lib. 2. cap. 30. judices ab accusatore ederentur ex tribubus.] We may read of three sorts of judges among the Romans, or rather of three diverse kinds of elections of their judges. For either they were Lecti sortitione, of which more may be seen in one of the laws following; or Editione, by nomination or naming them, the manner thereof being thus; That either the plaintiff should choose them all, and then were they called judices edititij; or the plaintiff should choose one half, and the defendant the other, and then were they called judices alterni. Melancthon in Cic. pro Muraen. CHAP. 19 De pecunijs repetundis. FIrst touching the word Repetundae, Sigonius saith, that such money was termed Pecuniae repetundae, quae possent repeti, which might by the course of law be recovered; Namely such money as any Magistrate, judge, or public officer, did either in the Provinces, or in the city receive as a bribe, from the Allies and Associates, or from the Roman citizens for the administration of justice, or the execution of any public duty: & this kind of bribe they termed Pecunias Repetundas, pecuniam ablatam, captam, coactam, conciliatam, aversam (Cic. in Verrinis) But as it seemeth very probable, these laws against bribery were first occasioned, for the ease and relief of the Roman Provinces and Allies, called in Latin Socij, who were much abused in this kind by the Prov. Consuls, Praetours, & Quaestors, etc. Whence Tully calleth this law against bribery, Legem Socialem. junia lex. M. junius Pennus Trib. Pleb. preferred a law, that such as were convinced of bribery, Praeter litis aestimationem, exilium etiam damnato esset irrogatum. Litis aestimationem.] Here we will consider the difference of these three phrases, Litis contestatio, Litis redemptio, and Litis aestimatio. e Sig. de iud. lib. 1. cap. 27. The first signifieth the producing of witnesses, when both sides shall openly in the court use this form of words, Testes estote: which was not done, antequam satisdationes factae essent, before sureties were put in, by the one, that he would judicatum solvere, pay that which he was condemned: by the other, that he would rem ratam habere i. stand to the verdict or sentence in the court. The second phrase signifieth a composition or an argument agreed upon by both sides between themselves: f Fr. Sylu. in ora●. pro Q. Roscio. Redimere lites est pactionem facere; qui enim paciscitur, facit ut lis non sit. The third is, when the party which is cast in the suit is adjudged to pay the money, or the worth of the goods called in question, together with the cost and damages in law unto his adversary. g Fr. Silvius in orat. pro Cluentio. Litem aestimare est pecuniam, de qua lis fuit, & propter quam condemnatus est reus, in summam redigere, quae de bonis eius redigatur. h I. Tislin in orat. pro Rabirio. And Aestimare litem est, quod vulgò dicitur, Taxare litis expensas. Acilia lex. M. Acilius Glabrio made a law, that such as were accused of bribery, Neque ampliari, neque comperendinari possent i. they must out of hand receive judgement. For the right understanding of these two words [Ampliari & Comperendinari] we must consider the ancient customs and ceremonies used by the Romans in handling their suits of law. First there was In ius vocatio i. a citation of one into the court. Secondly postulatio i. a request put up unto the Praetour, that it might be lawful for the Plaintiff to enter his action against the Defendant; whence Postulare aliquem de hoc vel illo crimine, is to accuse one of this or that crime. Thirdly Nominis delatio i. the taking of the defendants name into the court-booke: and this was termed Intendere actionem, vel Litem; and Diem alicui dicere i. to enter an action against one. At which time the plaintiff did Vadari reum i. demand sureties or bale from the defendant, that he would appear upon the day appointed by the Praetour, which commonly was the third day following, called properly dies perendinus, and sometimes dies tertius simply, as it appeareth by those capital letters. I. D. T. S. P. used to be written in their actions: which letters i Sig. de jud. lib. 1. cap. 27. Probus expoundeth thus. In diem tertium, sive perendinum. So that then properly, lis vel reus dicitur comperendinari, when the giving of sentence is differred till the third day. Moreover before the Praetor would suffer the Action to be entered, he would swear the Plaintiff that he did not accuse the Defendant calumniandi causâ i. falsely or maliciously, and this kind of swearing was termed Calumniam jurare, calumniam deiurare, and In litem jurare. Now if either party were absent from the court upon the third day, except he were sick, he was cast in his suit, and the Praetor did grant an execution called Edictum peremptorium, whereby he gave authority to his adversary to seize upon his goods. Sometimes there were two or three Edicts in manner of Processes or writs before the Edictum peremptorium could be obtained; some times it was granted at the first, and then was it k Sig. eiusd. l. cap.▪ 28. called unum pro omnibus. l Sig. eiusd. l. cap. 21. Now if both parties came into the court and did appear, than were they said se stitisse: so that this word sisto amongst the lawyers did signify to show one's self in the court. Upon the third day the Praetor also with the whole bench of judges did meet, and the judex Quaestionis (whom Rosinus maketh a distinct officer differing from the Praetor) did cause all the Select judges to pull out certain lots, out of an urn or pitcher brought thither for that purpose, & those judges upon whom the lot fell were to sit in judgement: This was called Sortitio judicum. Now if either the Plaintiff or Defendant did suspect any of those, that they would be partial, then might he except against them, and that was called judicum reiectio: Then the judex quaestionis would in manner aforesaid choose other judges into their places, and that was called subsortitio. Which being ended, those judges which were thus chosen received every one of them from the Praetor three tables, the one having this letter A written in it, betokening Absolution: whence Tully calleth it literam salutarem: The other having this letter C written in it, betokening Condemnation: the third having these two letters N. L. betokening Non liquet. After the receipt of the tables, than did the Praetor mittere vel dimittere judices in consilium i. send them to cast their tables into the urns, there being three urns or little coffers purposely provided; the one for those judges which were chosen out of the Senators, the other for those that were chosen out of the Gentlemen, the third for those which were chosen ●ut of the Martial Treasurers. Now if they did cast the first sort of tables into the urns, than the Praetor pronounced the defendant absolved; if the second, than he pronounced him condemned; if the third, than he pronounced Amplius cognoscendum, that they must have longer time to inquire: And this is properly termed Ampliatio, A reprieve; and in such manner it is said, quod lis vel reus dicitur Ampliari. The proofs for this manner of proceeding in law may be collected out of Rosinus lib. antiq. 9 cap. 19 20. & 24. and out of Sigonius according to the marginal quotations. Lex Cornelia de Sicarijs, Veneficio, & Parricidio. Cornelius Sylla being Dictator ordained a law, C. pro Cluen. that the chief judge called judex Quaestionis with the whole bench of judges, should sit upon life and death on such as had killed a man; on such as had with an evil intent set any place on fire; on such as should walk with any weapon either to kill or rob a man; on such as had either made, bought, sold, had, or given any poison, thereby to kill a man; on any magistrate, whosoever should cause any conventicle or secret assemblies, or should give their consent to the suborning of any man to accuse another falsely, that thereby he being innocent might be oppressed & condemned by public judgement. Moreover De eius capite quaerito, etc. i. Let them sit upon life and death on that man, which shall bear false witness, that another might be condemned to death; on that magistrate or chief judge, which shall take a bribe to condemn another to death. Parricidium.] This word doth properly signify only a murdering of one's parents or kinsfolk, but in Numa Pompilius his time it signified as much as homicidium i. any manslaughter whatsoever. CHAP. 20. Lex 12. tabularum de Vindicijs. SI qui in iure manum conserunt, utreique superstitibus praesentibus vindicias sumunto. Si qui in iure:] Here we must note, that the custom among the Romans in old time was, that as often as any controversy did arise touching the possession of an house, a field, or any such like thing, the Praetor did go unto the house, field, or the thing questioned, being accompanied thither with the Plainteiffe and the Defendant, together with others whom the law required to be present as witnesses. This place wheresoever it were, though in the open field, during the time that the Praetor sat there to give judgement, was termed in Latin Ius, in English a Court. Where in the presence of the Praetor and the witnesses, the plaintiff and Defendant did manum conserere, that is, as m I. Camerar. pro L. Muraen. Camerarius supposeth, argue and dispute the case pro and con in a solemn form of words prescribed them by the law. For this phrase is borrowed by the lawyers from the art military, where soldiers are said manum vel manu conserere, when they fight hand to hand. [V●reique superstitibus praesentibus] i. let both parties in the presence of witnesses (so n Rosin. of't. lib. 8 c. 29. Festus expoundeth superstites) [Vindicias sumunto] i. Let them take a turf of the ground: for so o Sig. de iud. lib. 1. c. 21. Sigonius expoundeth Vindiciae; though properly (as he observeth) it signified the possession of a thing, rather than the thing possessed. This turf being taken up, was carried to the Praetor, and judgement was given upon that, as upon the whole. I do presume that in other cases, as in taking the possession of an house, &c: some other thing in manner of the turf was presented unto the Praetor, upon which as upon the whole he gave judgement. In Process of time, the Praetor by reason of the multitude of other employments, not finding convenient leisure to review every particular ground, or house called in question, p A. Gell. vid. Rosin. Ant. l. 8. c. 29. it was ordained contrary to the twelve tables, that the plaintiff in such cases should come into the court, and challenge the defendant in this form of words, Ex iure manu consertum te voco i. I challenge thee to go out of the court into the field, to use one towards the other that solemn form of words which the law enjoineth. Then did the defendant either yield the possession of the ground, or else he did reply, unde tume ex iure manu consertum vocasti, inde ib● ego te revoco. Then did they both taking witnesses with them without the company of the Praetor inire viam i. go into the ground bringing back a turf thereof, upon the which (as in manner shown) the Praetor gave judgement at their return. For the better understanding of this that hath been spoken in the explanation of this law, we must note, that the action termed Vindicatio was twofold: either the suit for the possession of a thing, or the suit for the Lordship or right owning thereof. The possession of any thing was recovered, either by a true & real violence, or by a seeming violence. This seeming violence was twofold, either it was manus consertio, which was shown immediately before; or Moribus deductio i. a customary leading the unlawful possessor out of the ground thereby to enter possession. Vis simulata altera à lege, altera emanavit à moribus; saith q de iudic. lib. 1. cap. 21. Sigon. The first of these did arise from the Roman law, the other from a custom amongst the Romans: the first of these is to be seen in Tully his oration pro Muraena, the other pro Caecinnâ. To these Sigonius addeth a third kind of seeming violence; which how justly he hath termed a violence, I shall leave to the indifferent judgement of the unpartial reader. The right of the Lordship or owning any thing was sued for in this manner: The plainteiffe did question with the defendant thus; first An auctor esset? i. whether he had not covertly made away the possession of the thing, thereby to frustrate the action. Secondly, An sponderet i. whether he would put in a gage of money into the court, which he would forfeit if he were cast; which being done, the plaineteiffe did also upon the demand of the defendant put in a gage of money to be forfeited, if he prevailed not in his suit. This gage of money was termed r Sigon. de judic. lib. cap. 21. sacramentum; and in this sense, Tully pro Milone, saith, Iniustis vindicijs, & sacramentis alienos fundos petunt, that is, they sue for other men's grounds, with unjust actions and gauges of money. Thirdly, An satisdaret, that is, whether he would put in surety, that during the trial in law, the ground or house called in question should not be impaired. The solemn form of words used in the first demand, is thus to be seen in s Cic. orat. pro Muraena & pro Coecina. Tully, Quando in jure te conspicio, postulo ann●e sies auctor? If the defendant held his peace, than was he adjudged to pay all costs & damages; if he professed himself the present possessor, than did the plainteiffe proceed in manner as he should for the possession thereof; if he denied it, than did the Praetor say unto the plainteiffe, Quando negat, sacramento quaerito: Thereupon said the plainteiffe to the defendant, Quando negas, te sacramento quinquagenario provoco, spondesne te soluturum quinquaginta asses, si auctor sis? To whom the defendant replied, spondeo quinquaginta asses si auctor sim. Tu verò spondesne idem, ni sim? The plaineteiffe answered, Ego quoque spondeo. Now in this kind of stipulation, the plainteiffe was said sponsione & sacramento pro vocare, sacramento rogare, quaerere, & stipulari i. to challenge one to pawn a sum of money for the trial of a suit in law. The defendant was said, contendere ex provocatione, contendere sacramento, & restipulari i. to be sued in such manner. This money was termed sacramentum, t Sig. de iud. lib. 1. cap. 21. because when it was forfeited, it was bestowed in rebus sacris & divinis. Touching the last Interrogatory, I read no set form of words, but by the word satisdatio, the intelligent reader may conject that it did somewhat symbolise with our English custom of putting in bale. Lib. 4. Rites and customs observed by the Romans in their wars. De Militiâ. TOuching the art military used among the Romans, it will not be impertinent to consider, first how war was proclaimed, and peace established by them: Then to march on to the description of their bands or companies, where we may first observe the office of their chief captain, and their subordinate leaders, together with the several wards into which the universal army was divided. After this we may descend unto the diversity of punishments used towards captives, & likewise towards refractarious and disobedient soldiers: Adding as a corollary or period to our whole discourse the several rewards, which the L. General with his soldiers after the performance of certain noble achievements received. CHAP. 1. De ritu, quem Romani obseruârunt vel foedus ferientes, vel bellum inferentes: & de triplici ratione cons●ribendi milites. We may remember that it, hath been already shown, that both the proclaiming of war & peace belonged longed unto a certain order of Roman Priests called Foeciales, whom by reason of their office I englished Heralds at arms. The rites and ceremonies, which they used, when they proclaimed peace were as followeth. uz. One of those Heralds having his commission from the state (after that both sides had agreed upon the truce & league now to be concluded) took up a stone in his hand a Polyb. vid. Rosin. antiq l. 10. c. 2. using this solemn form of words: Sirectè & sine dolo malo hoc foedus atque hoc ius iurandum facio, dij mihi cuncta felicia praestent; sin aliter aut ago aut cogito, (caeteris omnibus saluis) in proprijs patrijs, in proprijs legibus, in proprijs laribus, in proprijs teplis, in proprijs sepulchris solus ego peream, ut hic lapis è manibus decidet, and therewithal he cast the stone out of his hand: which manner of oath was termed I●●are jovem lapidem, or per jovem lapidem i. as it hath been rendered by Festus, to swear by jupiter holding a stone in ones hand. b Sig. de iure Ital. l. 1. c. 1. Many say that he did cast that stone at an hog or porker brought thither purposely, adding these words to the former; Si prior populus Romanus defexit publico consilio, tum ille Diespiter populum Rom. sic ferito, ut ego hunc porcum hodiè feriam: alluding to which custom Virgil saith, Et caesâ iungebant foedera porcâ. The manner of denouncing war hath been * Vid pag. 50. already shown. The act of service in war was termed Mereri sub hoc vel illo duce i. to serve in war under this or that captain: and whatsoever soldier was discharged of his service, as having served out his whole time; he was called miles emeritus, and by c Orat. pro lege Manil. Tully, such an one is said stipendia confecisse. d Seru. l. 2. & 7. Aeneid. Servius hath observed, that the Roman soldiers were pressed three manner of ways: per Sacramentum, Coniurationem, & Evocationem. But e Lips●de milit. Rome lib. 1 dial. 8. Lipsius censureth him for the amisse-explanation of the last member. Therefore the indifferent reader shall give me leave to borrow the terms from Servius; but the explanation of them partly from Servius, partly from Lipsius in the places now quoted. Ordinarily soldiers at their press did each severally take their oath not to forsake their captain or country; & this oath was called Sacramentum militare. The words thereof are rendered by f Vid. Lips. de milit. Rom. l. 1. dial. 6. Polybius thus: Obtemperaturus sum, & facturus, quic quid mandabitur ab imperatoribu●, juxta vires, and those were termed milites per sacramentum. Upon extraordinary occasions, (as when tumults or commotions did cause any suspicion of imminent danger) the chief leader of the soldiers did go unto the Capitol and bring forth two banners or flags, the one red, called therefore vexillum roseum, unto which the footmen repaired; the other sky-coloured called therefore coeruleum, which the horsemen followed. The reason why the horsemen's banner was sky-coloured is g Serv Aenei. lib. 8. rendered thus, because it did most resemble the colour of the sea, which colour they deemed most acceptable to Neptune, who was both the God of the sea, and the first author of horses. Now because the sudden danger would not yield so much time, that they might severally be sworn, therefore did they take their oath in common altogether; and thence were they called Milites per coniurationem; as likewise h Lips. lib. 1. d●e mil. Rom. dial 4. Milites subitarij in respect of their sudden press. The third member may also be admitted, if we with i Lib. 1. de mil Rom. dial. 8. Lipsius understand it in its true sense, namely for those soldiers who by the L. General were added unto the body of their army; he having authority to call out such other soldiers, who for their long service were discharged from giving in their names at a muster. And these are generally by all authors termed Milites evocati; and Lipsius deemeth them all one with those whom Servius calleth Milites per evocationem. The soldiers being thus pressed, if they purposed to make war upon their enemies, than did the L. General summon them to prepare themselves by a sound of trumpets; & this was termed Classicum canere, à calando, which signifieth to call. Which being done, a scarlet banner was hanged out at the L. General his pavilion: from which ceremony I think that that common adage did first arise, confer signa & Collatis signis pugnare, to join battle. Immediately upon this they did Barritum tollere, make a great shout or noise with their voices to the greater terror of their enemies: and that the noise might be the greater, they did Arma concutere, rustle together with their armour, and clash their swords. These four ceremonies are to be seen more at large in k Lib. 4. de milit. Rom. dial 11. & 12. Lipsius. Unto which we may add the fifth observed by l In ep viror. illust. l. 4. ep 1 Fr. Silvius; namely that at the removing of their camp, they did conclamare vasa, give a great shout or cry in token that the soldiers should truss up their bag and baggage: and hence it is that m Plaut in Pseudolo. Plautus useth this phrase, Colligatis vasis to signify as much as paratè or expeditè. Now that they might be the readier for battle, they did gird (as I suppose) their soldiers coats close unto them: And a soldier thus girt was called Cinctutus i. (saith n Pigh. in sua praef. ad lib. 1. septim. Pighius) Cinctu tutus. o Alex. Gen. dier. l. 1. c. 20. Ind Discinctos ignavoes, & militiae minimè aptos putârunt; Praecinctos verò fortes & strenuos. Hence also is that proverbial speech In praecinctu stare or Vivere, To be in a readiness continually. CHAP. 2. De Legione, Auxilijs, & legionis partibus. THE Roman forces were in old time divided into two several parts; namely in Legiones & Auxilia, into Legions and auxiliary bands. The Auxiliary bands were such forces as the neighbour and confederate countries did send unto the Romans. The legions were taken out of the body of the Romans: p Plutare. in Romulo. Legio, à deligendo dicta est, from the choice and selecting of soldiers. q Rosin. Antony's lib. 10. cap. 4 Romulus is said to have been the first author of these Legions, making every legion to contain three thousand footmen, and three hundred horsemen, r Sig. de iure Rom. l 1. c. 15. one thousand footmen and one hundred horsemen being taken out of each national Tribe. Afterward it was augmented by Romulus himself into four thousand footmen, s Sigon. ib. whence it was called Quadrata legio. And in process of time a legion increased unto the number of six thousand: which number it seldom or never exceeded (as it appeareth by Sigon. in the place now quoted.) Now t Alex. Gen. die●. l. 1. c. 20. none could be ordinarily registered for a soldier until the seventeenth year of his age, u Pancirol li. rerum deeper. dit. cap. de habit. & vest. veter. at which his first admission he was termed Tyro, a fresh water soldier: and hence figuratively Tyrocinium hath not been translated only the first entrance into war, but also the initiation or first entrance into any art or science whatsoever. After he had served many years, than was he termed Veteranus, an old beaten soldier. x Sig. de iure Rom. l. 1. c. 15 The Roman legion was divided In pedites & equites, there being commonly for every thousand footmen an hundred horsemen. Pedites distributi erant in Cohortes●● Chortes in Manipulos; Manipuli in Centurias: Equites distributi erant in Turmas; Turmae in Decurias. The word Cohors doth signify that part of ground, which is commonly enclosed before the gate of an house, y Edmund's in his observ. upon Caesar's Comment lib. 2. c. 3. which from the same word we call a Court: and z Varro. lib. 3. de re ru i●a. Varro giveth this reason of the Metaphor. As in a farm house (saith he) many out buildings joined together make one enclosure: so Cohors consisteth of several maniples joined together in one body. It is manifest (saith a Alex. Gen. dier. l. 1. Alexander) that the Romans in ancient time did very seldom, yea never (exceptin great necessity) enroll into their universal army above four legions: and in an ordinary legion which he termeth Legionem iustam ten Cohortes, every Cohors containing 3 maniples, every maniple two Centuries, every Century an hundred soldiers: whence they from Centum were called Centuria, a century. b Varro. vid. Rosin. of't. Rom. l. 10. c. 5 These centuries were sometimes divided into lesser numbers called Contubernia; every Contubernium containing ten soldiers besides their captain, c Rosin. ibid. which was called Decanus, and Caput Contubernij. Where we must observe that Contubernium doth signify as well the pavilion or lodging itself, as the soldiers lodging therein: and it may be so called quasi Contabernium, from Taberna signifying any slight lodging made of boards. Those that ruled over a thousand footmen we may in English call Sergeant's mayor. They called them Tribunimilitum. Those that governed over the centuries were called by them Centuriones, by us in english Centurions: and they had their inferior officers under them which were called Tergiductores, or Extremi agminis ductores. d Veget. vid. Rosin. of't. Rom. l. 10. c. 7 Their office was to oversee and look unto those of the camp which were sick, who commonly came behind the army, Quasi extremum agmen, et tergum aciei. The horsemen were divided into several troops called Turmae, every Turma containing thirty horsemen. Again every Turma was subdivided into three lesser companies called Decuriae, every Decuria containing ten horsemen: whence their captain was called Decurio, and the captains over the greater troops, namely over the several wings of the horsemen, were called Equitum praefecti. Now the chief governor over the universal army was called commonly Imperator: we in English call him a L. General. His Lieutenant or L. deputy was called Legatus, e Lips. de mil. Rom. lib. 2. dial. 10. who in old time was sent non tam ad imperandum, quam ad consulendum imperatori. This word Imperator in the Roman histories hath a threefold acception. First it is taken for him; who by commission from the state hath the managing of an army, being the same that Praetor was in ancient time: and in this sense it hath affinity with the office of our L. General. Secondly for such a L. General, who by his prowess having put f Barth La tom. in Phil. orat. 14. one thousand of his enemies to the sword, both his soldiers saluted him, & the Senate styled him by the name of Imperator: But if he had slain less than one thousand, he was not thought worthy of this solemn salutation by that name. Lastly it was taken for a sovereign Prince, King, or Monarch, in which sense it was the Praenomen of all the Roman Emperors from julius Caesar forward. Now because the soldiers in a Legion must of necessity differ much in estate, age, and experience, some being wealthier, elder, and of more experience than others; hence was it requisite also, that there should be a distinction of places in their armies, according to the desert and worth of each several person. We are therefore likewise to understand, g Lips. de mil. Rom. l. 1. dial. 3. that the Consuls every year made a general muster: at which time the military Tribunes chose out the youngest and poorest of all the rest, & called them by the name of Velites. Their place in regard of the other soldiers was base and dishonourable, not only because they fought a far off and were lightly armed; but also because they were commonly exposed to their enemies as forlorn hopes. According to h Lip. de mil Rom. lib. 4. dial. 3. Lipsius these Velites did commonly make up the spaces between the Maniples of the Pikemen; notwithstanding they did like scouts run to & fro, casting out their darts (as occasion was offered) & so retire: whence when a man doth leap from one thing to another in his talk, we say he doth Agere velitatim. Having chosen out a competent number of these scouts, they proceeded to the choice of them, which they called Hastati i. pikemen: forasmuch as they fought with a kind of javelining, which the Romans called Hasta. These pikemen fought in the first part or fore front of the main army. The third choice which they made, was of the strongest & highest bodiedmed men, who for the prime of their age were called Principes: and hence was the second place or ward in the main army called Principia, according to i Terent. Eunuch. Act. 4. Scen. 7. Thraso his speech, Ego erapos● principia i. I will follow the Principes, thereby choosing to himself the best, and safest place. The last sort of soldiers, which stood in the third place or rearward, were called Triarij. They were of all, the most approved, and the very last help and refuge; so that if they failed, all was lost: and hence ariseth that form of speech, Ad Triarios ventum est, k Alex. Gen. dier. l. 5. c. 15. whereby we signify that a thing is come to the last push. As I suppose, the weapon, wherewith these Triarij fought, was a dart with iron fastened at the end of it, called in Latin Pilum. The reasons of this my conjecture are these: first because the first century of these Triarij was called Primum pilum, and their centurion Primopilus, and Primipilus, and Primus centurio, because he was the chief Centurion in a whole legion, as having the charge of the chief banner called the Eagle; l Lip. de mil. Rom. lib. 2. dial. 8. whence Aquila is sometimes used to signify Primopilatum, the office and place of the Primopilus. The second Century was called secundum pilum, & their Centurion Secundipilus, etc. Secondly, they called the Principes, which marched in the battle immediately before these Triarij, Antepilanos: which argueth that those soldiers, which followed next should be the Milites Pilani; and by consequence their weapon should be that kind of dart, which they called Pilum. Their manner of embattelling was diverse. Sometimes they would make a winged army, so that the main body thereof should be in the middle, & on each side a lesser company: The main body we in English call the Vanguard, & the two lesser companies we call Wings; as likewise in Latin they called them Alas aciei, and dextrum vel sinistrum cornu. m Pancir in notit. orient. & occident imper. c. 32. Pancirollus calleth them Vexillationes, because there fought no more in either wing, than belonged to one banner called in Latin Vexillum. The governors of these wings he calleth Alarm Praefectos. Sometimes they embatled so, that the forefront of the Army being small, it was enlarged bigger and bigger backward in manner of a triangle: By n Lips. milit. Rom. lib 4. dial. 7. Lipsius it is demonstrated unto us under the form of the greek letter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. He in the same place calleth it caput porcinum, quia velut fodit & ruit invadendo. Commonly it was called Cuneus militum, the metaphor being borrowed not only from the resemblance it had with a wedg, but also from the use of a wedge: for they never embatled in that form, unless it was to break through their enemies, the piercing angle being thick compacted with targets. Sometimes they did in a quite contrary manner enlarge their army in the forefront, making it to end in an angle: & o Lips. milit. Rom. lib. 4 dial. 7. this they called Forfex and Forceps militum. Sometimes their form of embatling was circular, and then was it called Orbis vel globus militum. The banner or flag was properly called Vexillum, being a diminutive of Velum. It was also called p Festus vid. Panc. in not. orient. & occident ●●p. cap 32. Bandum: whence we do at this day call so many soldiers, as do fight sub eodem bando, a band of soldiers: as Romulus called those that fought sub eodem manipulo foeni (an handful of hay being used at that time instead of a flag) Manipulum militum. Ovid. Pertica suspensos portabat long a manîploes, unde maniplaris nomina miles habet. CHAP. 3. De oppugnatione urbis, & iis quae ad oppugnationem requiruntur. IF the siege of a town seemed difficult and hard to compass, than did the Romans use certain means of policy for the better effecting thereof. They environed the town with a broad and deep ditch, adding thereunto a rampire, fortified with many castles and fortresses, whereby they both kept the town from any foreign succour, and withal secured themselves from sallies and other stratagems. This rampire did extend itself toward the walls of the city, so that by making (as it were) a great hill, they might overtop the city, and fight with the greater advantage. Now that this great heap of earth might become firm and well able to support the buildings to be erected upon it, they did cast in much timber & stones amongst the earth; and this heap of earth, stones, and timber when it was reared, was properly called Agger; whence cometh both the Latin verb Exaggerare●, and the English to Exaggerate i. to amplify or increase a matter. The stakes, posts, & trees, which were ramined in about this bulwark or rampire to uphold the earth, were sometimes called q Lips polio● lib 2 dial 2. Ceru, because of their forked and sharp tops; but more properly r Seru. Aenei. lib. 10. Valli, and Valla. The distance or space between each stake was called Intervallum; though now Intervallun doth signify not only such a distance, but any distance either of place or time, as it appeareth by that of s Cic. ep. fam. lib. 1. ep. 7. Tully: Intervallo locorum, & temporum d●siuncti. Sometimes Vallus doth signify a pole or stake, whereunto vines are tied; according to that received adage, which we use when a special friend forsaketh one, Vallus vitem decepit. From the first signification it is, that Vallum doth often signify the enclosure, or hedging in of trees and stakes, wherewith the bulwark is upheld: Alluding whereunto t A Gel. Not. Attic. l. 1. c. 15 A. Gellius translateth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Vallum dentium. The means of their defence, whiles they were making this their rampire, was a certain engine or ordinance of war u Rosin. of't. Rom. l. 10. c. ●6 made of planks and hurdles, running upon wheels, under which they might rest secure from all stones and darts cast from the walls of the city: It was called Vinea. A second engine was Musculus: The matter whereof it was made I have not read: but the use of it was, that under it the soldiers might approach unto the walls of the city, and undermine them. Thus much x Lips. polior. lib. 1. dial. 9 Lipsius seemeth to infer, when he rendereth the reason of the name: Musculus ideò dictus, quia instar eius animalculi foderent sub eo terram. A third means of their defence was Militaris testudo. This word Testudo in the art Military had a double acception, both being borrowed from the resemblance of the Tortoise shell, which is the true & genuine signification of this word. In the first acception Testudo, y Rosin. of't Rom. l. 10. c. 16 doth signify a warlike engine or fence made with boards covered over with raw hides, which served against fire and stones cast at the soldiers: under this they might safely assail the walls. z Stad. in Flor. l 4. c. 10. In the second acception it signifieth a target-fense, which was a close holding together of targets over head like a vault or roof, wherewith the footmen did defend themselves from the thick shot of arrows or slinging of stones. Their rampire or countermure being finished, they used certain great timber tower's made upon wheels to run to and fro, which they called Turres ambulatoriae, movable turrets. These towers had many stories one over the other, a Rosin. of't. Rom. lib. 10. cap 16. wherein they carried ladders & casting bridges thereby to scale the walls. The engines hitherunto have been defensive, such wherewith the Romans defended themselves in their siege: others there were offensive, wherewith they did assail the city; and of those the chief were Balista sive Catapulta, Scorpius sive Onager, Aries, & Malleoli. The first of these engines, as it was called Balista 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from darting or casting forth any thing, b Lips. Poliorc. lib. 3. dial 2. so was it in old time called Catapulta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth a shaft or dart. The form thereof followeth translated word for word out of c Am. Marc. lib. 23. cap. 3. Marcellinus. [Between two planks there is set in frame, and fast joined a strong & big iron, reaching out in length after the manner of a good great rule; out of the round body whereof, which is artificially wrought, there lieth forth farther out a four square beam, made hollow with a direct passage in manner of a narrow trough, tied fast with many cords of sinews twisted one within the other, and thereunto are joined two wooden screws; near unto one of which standeth the cunning Balistier, & subtly putteth into the hollow passage of the beam a wooden shaft with a big head glued fast to it. This done on both sides, two lusty young men do bend the engine by turning about certain wheels. When the top of the head is drawn to the uttermost end of the cords, the shaft being carried forth of the Balista, by the inward force thereof, it flieth out of sight.] That the reader may receive the more light in the understanding of this obscure description. I have added the very words of Marcellinus. [Ferrum inter axiculos duos firmum compaginatur & vastum; in modum regulae maioris extentum: cuius ex volumine teretis, quod in medio ars polita componit, quadrat us eminet stylus extensius recto canalis angustimeatu cavatus, & hac multiplici cordâ nervorum tortilium illigatus: eique cochleaeduae ligneae coniunguntur aptissimè, quarum propè unam adsistit artifex contemplabilis, & subtiliter adponit in temonis cavamine sagit tam ligneam spiculo maiore conglutinatam: hocque facto hinc inde validi iuvenes versant agilitèr rotabilem flexum. Quum ad extremiatem nervorum acumen venerit summum, percita interno pulsu à balista ex oculis evolat. In respect of its use we may english it a crossbow: but it was much bigger, and of a different form. The Scorpion, which now they call Onager, is described by Marcellinus in the same place thus. [Two oaken or elm beams are hewn out, and somewhat bended, so that they seem to bunch out in backs; and these in manner of a * Machinae Serrat●●iae. saw engine are tied fast together, being bored through with wide holes, through (which by the means of those holes) strong cords are tied, keeping in the whole frame, that it start not asunder: * Ab hac medi●tate testi●●] Here we must 〈◊〉 that this signification of testes is borrowed from the Anatomists, which do call certain eminent parts behind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Testes. Vid Fuchs. inst●t. med. l. 1. sec. 5. From between these bunches, another wooden beam reaching forth overthwart, and in manner of a wain beam erected up, is tied with such devises unto certain ropes, that it may be pulled up higher, or let down lower at ones pleasure; and at the top thereof certain iron hooks are fastened, from which hooks there hangeth down a certain sling either of iron or tow: Under which erected beam there lieth a great piece of haircloth full of small chaff tied fast with cords, and placed upon a bank of tur●es, or a heap of bricks: When therefore it cometh to the point of skirmish, a round stone being put into the sling, four young men on one side losing the beams, into which the ropes are incorporated, do draw back the erected beam unto the hook. Thus at length the master of the engine standing in some high place, giving a mighty stroke with a hammer (and, as I suppose, upon the cord, whereunto the erected beam was fastened, with his hook) seateth open the rails, that contain the whole work, insomuch that this erected beam being now at liberty with that quick stroke, and hitting against the soft haircloth, it hurleth out the stone, that will batter whatsoever is in the way. And it is called Tormentum, quod ex eo omnis explicatio torquebatur. It is also called Scorpio, because when the long beam or tillar is erected, it hath a sharp top in manner of a sting. The modern time hath imposed unto it the name of Onager i. a wild Ass; because that wild Asses, when they are coursed by hunters, fling back stones with their heels a far off. so that often times they pierce the breasts of those that follow them.] The Latin word is made from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Asinus & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, rus vel ager. Now if any ask me, why that sa●k cloth of ashes was interposed, the reason is rendered by Marcellinus in two lines, which I purposely did not translate in their place, because I would continue the sense, without such a long parenthesis. The reason is there delivered thus; because the violence and force of the erected beam recoiling, after it had been by the stroke discharged, was such, that it would shake in pieces the strongest walls, except there were some soft thing interposed, whereby the forcible strength of the recoil might be by degrees slacked. The Aries or Ram is described also by Marcellin. in the same place. [The Ram was a great tree, or beam like unto a mast of a ship, having a piece of iron in manner of a Ram's head, fastened at the end thereof, wherewith they did demolish and batter down the walls of a city. It was hung unto a beam, which lay a cross over a couple of pillars, and hanged thus equally balanced, it was by force of men pulled backward, and then recoiled upon the walls.] In am of these Rams another engine was found out, called Helepolis, ab invsitato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capio, & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. civitas. The form of it is to be seen also in Marcell. ibid. [There was (saith he) a Testudo, or vaulted frame made, strengthened with very long pieces of timber: it was covered over with ox hides, and green wicker hurdles: the upper part or convex surface thereof was overlaid with mud, to the end that it might keep of the fall of fire and casting of weapons. Now there were fastened in the front of it certain Cuspides tri●ulcae i. iron pikes with three edges very massy, in manner of the thunderbolts, which painters and poets exhibit unto us. This great engine the soldiers ruling within with diverse wheels & ropes, with main force they thrust it against the walls.] [Malleoli (saith the same Marcellinus) were certain darts fashioned on this manner; there was an arrow made of a cane, betwixt the head & the neck whereof was fastened an iron full of clefts; which arrow like unto a woman's distaff, on which linen is spinned, was finely made hollow within the belly, yet open in many places: In the belly it received fire with fuel to feed upon. And thus being gently discharged out of a weak bow (for with an over strong shooting the fire was extinguished) if it took fast hold on any place, it burned the same, & water being cast thereon, the fire increased: neither was there any means to quench it, but by casting duston it.] Now if they could not prevail by these engines called Machinae, then did they make certain passages under ground which they called Cuniculi from Cuniculus signifying a cony-berry: insomuch that these two phrases are opposite, Machinis, & Cuniculis oppugnare, as it appeareth by that of d Plutarc. in vit. C▪ Caes. Plutarch: Caesar non iam cuniculis, sed machinis tollit rempublicam i. He doth not now covertly, but with open violence assault the common weal. CHAP. 4. De poenis in hosts devictos. ALbeit after the victory the Romans inflicted diverse degrees of punishment, according to the malice found in an enemy; yet were they always compassionate, and (as histories testify) more exorable than any other nation. The punishments which we find them to have used toward a conquered nation are these. Either they punished them by death; or sold them sub coronâ; or dismissed them sub jugum; or merced them in taking away their territories; or made them tributary states. e A. Gell. lib. 7. cap. 4. An enemy was said to be sold sub coronâ, when he being placed in the market place, a crown was put upon his head in token of such a sale: or therefore certain captives were said to be sold sub coronâ, because at such times they were environed about with soldiers to keep them together, and this circle of soldiers, as likewise of all other companies, is called Corona. When they dismissed any sub jugum, f Stad. in Flor lib. 1. c. 12. they erected two spears with a third lying a cross in manner of a gallows: then they caused them being disarmed, and their belt taken away to pass under in token of bondage. When their territories were taken from them, they were commonly conferred upon old beaten soldiers, in way of remunoration for their faithful service. This transplantation was termed Coloniae deductio; and the place ever after Romana Colonia i. a Roman Colony. At which times they chose out every tenth man, viz. such as were able and of best sufficiency to make and establish a public council, g Sig. de iure Ital. l. 2. c. 4. whom they named Decuriones. Whence we may observe, that Decurio is not always taken for a captain over ten horsemen, but sometimes it is used to signify an Alderman, or chief Burgess in a Roman Colony. Divers times the Romans would be content after the conquest to grant to their enemies a peaceable enjoying of their lands and possessions, conditionally, that they would yield all faithful allegiance unto that L. Deputy, whomsoever the Senate of Rome should place over them. The L. Deputy was either styled by the name of a Propraetor, a Proconsul, or a Praefectus. Those places, where the two first sorts of governors did rule, were termed Provinciae; the other from the governor was termed Praefectura. Where we must observe that this word Provincia hath a threefold acception. First it is taken for a country, which by the force & power of arms is subdued to the Roman empire, and governed by some Roman Deputy sent from the Senate: and this is the proper and primitive signification thereof, it being so called, h Pig. lib. Tyrannif. Quod populus Rome eam provicit i. ante vicit. Secondly it is taken for any region or country, where the L. General or chief captain over a Roman army doth manage war against any nation by commission from the Senate. Lastly it signifieth any public function or administration of office, yea any private duty, charge, or task either undertaken, or imposed; according to that of i Terent. in Phor. Terence, Provinciam cepisti duram i. thou hast undertaken an hard task. Now the tribute to be paid was either certain, or uncertain. The certain was properly called Tribut●● vel Stipendiary; and those who paid it were termed Tributarij sive S●ipendiarij: and this tribute was of two sorts, either ordinary, such as was required from every house yearly, even in the time of peace; or extraordinary, such as was levied by a law or decree of the Senate towards unexpected charges. The uncertain tribute k Sig. de iure Rom. l. 1. c. 16 properly called Vectigal, was l Stadius in Flor. l. 3. c. 13. either impost-mony, such as was collected in haven towns for the transportation of marcha●ts wares, and that was called from Portus Portorium, or from Porta Portarium, and the receivers thereof Portitores: or Tithe corn, namely the tenth part of their grain, and that was called from Decem Decumae, and the receivers thereof Decumani; though Decumanus when it is an adjective signifieth as much as Maximus, according to that of Ovid. lib. 1. de Trist. Qui venit hic fluctus▪ fluctus supereminet omnes; Posterior nono est, undecimoque prior. The reason of this signification is m Fr. Sylu. in viror. illust. ep. 2. lib. 1. supposed to be, because in Arithmetic amongst simple numbers the tenth is the greatest: or lastly that money, which was paid by certain heardes-men for pasturing their cattle in the Roman fields and forests. This kind of tribute was called Scriptura, and the pastures Agri Scripturarij; because (as n Sig. de iure Rom. l. 2. c. 4. Festus saith) the bailiff or receiver of this money, called Pecuarius, did Scribendo conficere rationes i. keep his account by writing. Where we must note, first that all these kinds of Tributes were not only required in Provinces or Countries subdued, but through Italy, even in Rome itself. Secondly though each collector of these Tributes was distinguished by a peculiar name, yet by a general name they were all called o Cic. de Arusp. respon & alias saepe. Publicani, in as much as they did take to rend these public tributes. The chief of them, which entered into bond, as the principal takers or farmers of these tributes Tully calleth Mancipes. The others which were entered in to the same bond as sureties, were termed Praedes. Many times the Romans did bestow the freedom of their city upon foreign countries; & the degrees of freedom was proportioned accordingly as the countries were. Some they honoured with the name of Roman citizens, but excluded them from the right of suffraging, leaving them also to be governed by their own laws and magistrates. This state they called a Municipal state, in Latin Municipium, because they were Muneris huius honorarij participes. p Sig. l. 2. de iure Ital. c. 7. By Munus honorarium in this place is understood nothing but the bare title of a Roman citizen, whereby they were privileged to fight in a legion as free denizens, not in an auxiliary band as the associates. Now the first that ever obtained this Municipal state, were the Cerites, who for preserving the holy things of Rome in the time of the war against the Gauls, were rewarded with the freedom of the city, but without power of suffraging; From whence it is, that those tables, wherein the Censors enrolled such as were by them deprived of their voices, were called Cerites tabulae; Horace calleth such a table Ceritem ceram, for the reason shown before. But we must withal observe, that some Municipal towns have either by desert or instant suit obtained the liberty of suffraging also, which occasioneth that received distinction, that there was Municipium sine suffragio, and Municipium cum suffragio. Other countries which could not be admitted into the freedom of the city, have obtained, and that not without special and deserved respects to be Associates and confederates unto the state of Rome. The inhabitants of such countries were sometimes called So●ij, sometimes Amici, sometimes Latini nominis socij, etc. The King or Prince of such a country did style himself Amicus & socius Senat. & Pop. Rom. Here we must observe a difference between Pactio and Foedus, both signifying a kind of league. That tru●e which in time of war is concluded upon, and accepted of both sides for a certain q Sig. de iure Ital. l. 1. cap. 1. limited space of time, is properly called Pactio; we commonly call it Induciae; and it differed from Foedus: r Sigon. ibid. first, because that Foedus is a perpetual truce or league; Secondly because it was necessary, that one of those Heralds at arms called Foeciales, should by a solemn proclamation confirm this league called Foedus; neither of which conditions was absolutely requisite in their truce termed Pactio. CHAP. 5. Mulctae militares, quibus milites Romani ob delicta afficiebantur. TOuching the punishments that the Roman L. General used towards his own soldiers when they were faulty, they were commonly proportioned unto the fault committed. Sometimes they were easy, of which sort were all those punishments which did only brand the soldiers with disgrace; other times they were heavier, such as did hurt & afflict the body. To the first sort belonged these; First Ignominiosa dimissio i. a shameful discarding of a soldier, when he is with disgrace removed from the army. Secondly, Fraudatio stipendij i. a stopping of their pay: & such soldiers which suffered this kind of mulct were said to be are diruti, s Rosin. antiq. l. 10. c. 25. because Aes illud diruebatur in fiscum, non in militis sacculum. Thirdly, Censio hastaria, whereby the soldier was enjoined to resign and give up his spear: for as those which had achieved any noble act, were for their greater honour Hastâ purâ donati: so others for their greater disgrace were enforced to resign up their spear. Fourthly, the whole Cohors, which had lost their banners, were compelled to eat nothing but barley bread, being deprived of their allowance in wheat; and every Centurion in that Cohors had his soldiers belt or girdle taken from him, which was no less disgrace amongst them, than it is now amongst us, that a knight of our order of the Garter, should be deprived of his Garter. Fiftly, for petty faults they made them to stand barefooted before the L. General his pavilion, with long poles of ten foot length in their hands: and sometimes in the sight of the other soldiers to walk up and down with turfs on their necks. In the last of these they seemed to imitate their city discipline, whereby malefactors were enjoined to take a certain beam resembling a fork upon their shoulders, and so to carry it round about the town; whence from Fur●a, & Fero they were termed Furciferi: It hath some affinity with our carting of queans here in England. In the first we have no custom, that doth more symbolise, than the standing in a white sheet in the open view of a congregation. The last of their lesser punishments was the opening of a vain or letting them blood in one of their arms: t Alex. Gen. dier. l. 2. c. 13. which kind of punishment was used toward those alone, which (as they conceited thorough the abundance of their hot blood) were too adventurous and bold. The heavier kinds of punishments were these: first Virgis vel Fuste caedi, to be beaten with rods or with staves and cudgils. None were ordinarily beaten with cudgils, but those who had not discharged their office, in the sending about that tablet called Tessera, wherein the watchword was written; or that had forsaken their place, where they were appointed to keep watch; or those who had stolen any thing from out the camp; or borne false witness against their fellows, or abused their bodies by women; or lastly that had been punished thrice for the same fault: those which were in this manner cudgilled, were often killed in the place; but if they escaped alive, they were to live in perpetual exilement. The ceremony used in this kind of cudgilling was, that the u Trib. milit. knight martial should lightly touch the party to be punished with a club, which being done, all the soldiers did beat him with staves and cudgils; whence we may say of one that deserveth a good cudgeling in x Cic. orat. Phil. 3. Tully his phrase, Fustuar●um meretur. If a Roman soldier had broken his rank by going out of order, then Virgis caedebatur i. he was scourged with rods. Sometimes the knight martial upon just occasion would cause them to be sold for bondslaves, to be beheaded to be hanged. All these punishments were personal or particular; there remaineth one which was general, namely when the fault was general, as in their uproars, conspiracies, etc. Upon such occasions the soldiers were called together, and every tenth man upon whom the lot fell was punished with that kind of cudgilling above spoken of; all the others escaped either without punishment, or with very little. The punishment itself was termed Dec imatio legionis, and the reason of this kind of punishment, is rendered by y Cic. pro Cluent. Tully: ut metus viz. ad omnes, poena ad paucos perveniret. CHAP. 6. De donis militaribus ob rem fortitèr gestam. Concerning the rewards which were bestowed in war, some were by the Senate conferred upon the L. General: others were by the L. General conferred upon his soldiers. Those honours which the L. General received were three. First Nomen Imperatoris, of which * Vid. p. 176. before. Secondly supplicatio i. a solemn procession continued for many days together, sometimes more, sometimes fewer: all which days the Roman people did observe as holy days, offering up daily prayers and sacrifice to the Gods in the behalf of their L. General: The custom being that after some notable victory, the soldiers having saluted their chief captain (whom I call their L. General) by the the name of Imperator, then would he send letters unto the Senate dight with laurel, wherein he required both that name to be confirmed, and approved by them, as likewise that they would Decernere supplicationes i. appoint such solemn supplications. Thirdly, they honoured him at his coming home also with a Triumph. Triumphus vel maior, vel minor erat, saith Alexander. The lesser kind of triumph was properly called Ovatio, z Salmuth. in Pancir. l. perun deperd cap. de triumph. ab ove, from a sheep, which in this time of his triumph was led before him, and afterward sacrificed by him: As also in the greater triumph (called properly Triumphus) the L. General sacrificed a bull. It differeth from the greater triumph first in the acclamation; for in the lesser triumph the soldiers following did as it were redouble this letter O, and some are of opinion that it was therefore called Ovatio. In the greater triumph the soldiers followed crying Io triumph, Io triumph: an example whereof may be seen in a Ode. 2. li. 4. Horace, where he describeth the triumph of Bacchus, the first author of this greater triumph; from whose b Salmuth. in Pancir. l. rerum deperd. cap. de triumph. name also diverse authors do derive this word Triumphus, he being in greek called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which by a little change is made Triumphus. Secondly they differed, because in the greater triumph, the L. General did wear a garment of state, called by some Trabea, c Alex. Gen. lib. 6. cap. 17. by others Triumphalis, Picta vel Aurata vestis: likewise a garland of laurel, riding in a chariot, the Senators themselves with the best of the Romans meeting him, his soldiers with their coronets, their chains, and other rewards following after: But in the lesser triumph the L. General did wear a plain purple gown without any gold imbrodering, and a garland of myrtle tree d Dion. Halicar. lib. 5. commonly going on foot, sometimes permitted to ride on a horse; the gentlemen and commonalty of Rome alone without the Senators did meet him. Moreover for a perpetual memory of this their triumph in some public place certain trophies were erected. e Alex. Gen. dier. li. 1. c. 22. Tr●phaeum monumentum dixere nunc marmoreum, mod●o aeneum, cum inscriptione & titulis aevo perpetuo duraturis. f Seru. Aenei. lib. 10. Dictum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. à conversione, from making the enemies to retire and turn back. Sometimes there were statues, columns, and arches built in token of triumph. These arches though commonly they were known by the name of Arcus triumphales, yet sometimes they are called For●ces, g Fr. Sylu. in orat. Cic. pro. Cn. Plancio. whence it is that Tully calleth Fabianes triumphal arch Fabianum fornicem. If it so happened that the Roman General himself personally, did take away any spoils from the chief captain of the enemies, than did he hang them up in a temple consecrated to jupiter Feretrius, who was so called, h Alex. Gen. dier. l. 1. c. 14. because as the Romans conceited, without the special assistance of jupiter, Dux duce●● fer●e non poterat: these spoils had the name of Opima spolia i. Royal spoils. The rewards bestowed upon the soldiers were diverse: either places of office, as the place of a Centurion, of a Praefectus, a Decurio, etc. or their pay was increased, the spoils distributed amongst them, or lastly they received certain gifts termed Dona militaria. In ancient times those soldiers which ha' d best deserved, received a certain measure of corn called by them Adorea; i Alex. Gen. dier. l. 4. c. 18. and hence it is, that Adorea is now used to signify such laud & praise, as is due unto a soldier. But after ages for the better encouraging of the soldiers, have found out more honourable rewards, of which k Sig. de iure Rom. l. 1. c. 15. these were the chiefest; Armilla i. bracelet for the hand-wrest; Torquis, a chain to wear about their neck; Phalerae, horsetrappings; Hastapura i. a spear having no iron at the end of it; ( l Rosin. of't. lib. 10 c. 27. it is sometimes called Hasta donatica, and Hasta graminea:) Lastly Coronae, crowns, of which A. Gell. observeth these to have been the chief: 1. Corona triumphalis, which in old time was made of Laurel, but afterward of gold, & thence was it called Corona aurea: it was sent by the Senate unto the L. General in honour of his triumph; secondly Corona obsidionalis, which was given by the soldiers unto their General, when they were freed from a siege: it was made of grass growing in that place, where they were besieged, whence it had the name also of Corona graminea. Now the reason why they made this crown of grass growing in the place where they were besieged, was thereby to yield up their right in that place unto their captain: for by that ceremony, as m Plin. l. 22. cap. 4. Pliny observeth, they did Terrâ & ipsa altrice humo & humatione etiam cedere. And hence it is, that in races, and the like masteries, he that was overcome, did gather some of the grass of that place, and give it unto the conqueror, as a token that he did acknowledge himself conquered. n Salmuth. in Pancir. l. rerum deperd. cap. de coronis. This is the reason of that Adage, Herbam dare i. to yield the victory. Thirdly Corona civica, which was bestowed only upon him, which had saved a citizen's life, o Pigh. l. Tyrannif. though in process of time it was also bestowed upon the L. General, if he spared a Roman citizen, when he had power to kill him. It was commonly made of oak; whence it was called Corona quernea. Fourthly Corona Muralis: p Dion. Halicar. lib. 10. He only was honoured with this, which did first scale the walls, & enter first into the enemies city: & hence this crown was cut upon the circlet or top like unto the battlements. Fiftly Corona Castrensis: This the L. General bestowed on him, which first entered into the enemies tents; it did bear in it the resemblance of a bulwark, or at least of the mound, wherewith the bulwark was strengthened; which mound was called in Latin Vallum, and thence the crown itself was often called Vallaris corona. Lastly Corona navalis, with which he was honoured, which first entered into the enemies ship in a battle upon sea: it was portrayed with many ship-beakes called in latin Rostra, q Pigh. lib. tyrannif. whence the crown itself was often called Corona Rostrata. FINIS. INDEX RERUM ET VERBORUM MAXIM INSIGNIUM. A A. Litera in tabulâ scripta quid significet? 98 A. litera salutaris. 166 Abdicere quid? 119 Abire flaminio. 47 Ab ovo ad mala. Prov. 78 Acca Laurentia quae, & ei cur sacra instituta? 39 Actiones redhibitoriae quae? 128 Accumbendi ratio apud Romanos qualis? 76 Acerra quid? 91 Actus neque plures, neque pauciores in fabula, quam quinque esse debent. 71 Ad agnatos, & Gentiles deducendus est. Prov. 154 Admetus meridiem. 65 Ad mediam noctem. ib. Ad te tanquam ad aram confugimus. 2 Ad te tanquam ad Asylum conf. ib. Addicere quid significet? 119 Addicta bona quae? 120 Addicti servi qui? 28. & 120 Adijcialis coena quae? 56 Adorea quid? 192 Adscriptus civis quis? 14● Adulterium quid? 85 Advocatus fisci. 131 Aedes Saturni. 10 Aediles unde dicti? 128 Aediles Curules qui, & unde dicti? ib. Aediles plebeij qui? ib. Aediles Cereales qui, & undè dicti ib. Aera Corybantia, & undè dicta? 55 Aerarij qui? 97 Aerarium unde dictum? 10 Aerarium sanctius. 11 Aerarium militare. ib. Aerarium quomodò differat à fisco? 131 Aere diruti qui, & quare dicti? 188 Aes signatum, 161 Aes grave. ib. Aesculapij insula. 12 Agere forum quid? 6 Agere pro Tribunali quid? 134 Agere de plano quid? ib. Agere ad populum. 141 Agere cum populo. ib. Agger. 179 Agonalis mons. 3 Agonales Salii. 49 Agones qui, & undè dicti? 60 Agrariae leges. 150 Agri scripturarii. 186 Alae aciei. 178 Alarum praefectus. ib. Alba toga quomodò differebat à togâ candidâ. 81 Albo-galerus. 46 Albi dies qui? 66 Altar quid, & unde dictum? 20 Altè praecincti pro expeditis dicti. 79 Amphitheatrum quid? 15 Amphora mellaria. 54 Amphora Italica. 143 Amphora Attica. ib. Ampliatio quid? 166 Ampliari quid? ib. An auctor esset? 169 An sponderet? ib. An satisdaret? ib. Ancile coelo delapsum. 49 Angues pinge duos i duos Genios'. 34 Angusticlavia. 34 Angusticlavij. ib. Anniversariae feriae quae? 66 Annonae praefectus. 129 Annus quasi annulus. 62 Annus Lunaris. ib. Annus à Romulo institutus. ib. Annus Bissextilis. 63 Annus julianus. 64 Annus magnus, & vertens. ib. Ante coenium quid, & unde dictum? 76 Ante-pilani qui? 178 Ante-signani qui? 159 Antiquo quid significet? 98 Aperire ludum. 67 Apex quid? 46 Apex pileorum genus. 49. Apollinares ludi qui? 73 Aquâ & igni interdicere. 116 Ara quid, & unde dicta? 20 Arae quare gramineae dictae? ib. Archi-gallus quis, & unde dictus? 54 Ar●us Triumphalis. 191 Arena. 16 In Arenam descendere. ib. Arietem emisit. Prov. 50 Aries machinae genus, & eius descriptio ex Marcellino. 183 Armis versis pugnare. 74 Arvales fratres qui, quot, & unde dicti? 39 Aruspices unde dicti? 40. As. 155 Assiduitas in candidates. 109 Asylum. 1 Atri dies qui? 66 Attellanae unde dictae? 70 Auctio quid? 149 Auctor quis? ib. Aventinus Mons. 4. & unde dictus? ib. Augurum collegium 40 Augurs undè dicti? & eorum numerus initio, ac deinceps quantus? 41 Auguratus semèl uni datus eidem vivo nuquam adimi potuit. ib. Augurandi ceremoniae 42 Auguria prospera & adversa quam do dicta? 43 Auguria impetrativa. ib. Auguria oblativa. ib. Augustus Octavius Caesar dictus 120 Avibus bonis quid? 41 Avibus malis quid? ib. Avis sinistra quid significet? 43 Aurea corona 192 Aurum coronarium quid? & undè dictum? 148 Auspexes quasi avispices. 40 Auspicijs bonis 41 Auspicijs malis. ib. Auspicari rem quid? ib. Auspicium coactum quid? & undè dictum? 44 Auxilia quae? 174 Axare quid? 50 B. BAlista quid? & undè dicta? 181 A BAND of soldiers cur sic dict? 179 Bandum. 179 Barritum tollere 174 Basilica quae pars templi? 17 Basilicae Romanae quae? 8 Bellare coestu quid? 68 Bellum quomodò indici solitum? 50 Benignitas in candidatis 109 Berecynthia undè dicta? 54 Bessis quid? 155 Biclinium undè dictum? 76 Bissextilis annus qui? 63 Bissextus dies qui? 64 Blanditia in candidates. 108 Bona dea: 53. & quare dicta? ib. Bustuarij qui? 74. & 94. Bustuarij undè dicti? 74 Bustum quid? & undè dictum? 93 C. CAballus mons 34 Coelius mons 3 Caesar 120 Caesar juventutis Princeps 121 Caesar Nobilissimus. ib. Cajus, Caja, maritus & uxor dict. 88 Calantica 84 Calcei mullei 85 Calcei lunati. ib. Calcei Vncinati 85 Calendae 64 Calumniam jurare, dejurare. 165 Calumniari, praevaricari, tergiversari quomodo differunt? 160 Campus sceleratus 11 Campus Martius quare Tiberin dict? 12 Candida toga 79 Candidatus unde? 81.108 Candidatus Principis 82 Candidatus Quaestor. ib. Capitolinus mons 2 Capitolium unde? ib. Capite-Censi 105 Capitis dimicatio 117 Capitis diminutio, maxima, media, minima 116 Capite damnatus 117 Capnomantes 45 Caput Porcinum in bello quid, & quare dict? 178 Carceres in circo quid, & unde? 14 A Carceribus ad metam. ib. Castoris templum 9 Castrenses ludi 75 Catapulta quid, & unde? 181 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 70 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ib. Catastrophe vitae humanae. ib. Cavea quid? 14 Caudex quid? 100 Causae capitales 117 Celebaris hasta 87 Celeres qui & unde? 27.111 Celerum Tribunus 111 Censor, Censoria virga. 115 Census quid signif.? 155 Census Senatorius 25 Census Equestris. ib. Centum viri 117 Centuria quid? 175 Centuria Praerogativa 161 Centurio 106. 176 Ceratae tabulae 99 Cereales ludi 73 Ceres quomodo effingi solita? 37 Cereris sacra apud Romanos quo tempore facta? 37 Cereri sacrificat. Prov. 38 Cerites, municipes primi. 187 Cerites tabulae. ib. Cervi, pars aggeris quare dicti? 179 Cestus 85 Chorus tam è viris, quam mulieribus constabat 71 Cinctura laxior 79 Cinctura astrictior. ib. Cinctus Gabinus. ib. Cinctutus 174 Cimiliarchium quid? 11 Circum venire quid signify? 137 Circenses ludi 68 Circus Maximus 13 Circus, quare dicitur fallax? 14 Cives originarij 27 Civitate donatus. ib. Civilis dies quomodo dividitur? 65 Clarigatio quid? 50 Classicus 105 Classici Scriptores. ib. infra Classem 105 Classicum canere. ib. Clientes qui? 23 Clodius accusat moechos. Prov. 54 Coactum auspicium 44 Codex unde? 100 Coena unde dicta? 76 Coena Adjicialis; Pontificia. 56 Coenae caput 78 Cognoscere pronunciare quomodo diff●? 8 Cohors 175 Coire quid signify? 137 Collegij magister 41 Colligatio vasis 174 Collina 22 Collini Salijs 49 Collis salutaris 3 Martialis Latiaris Collis Cispius 4 Opius Septimius Coloniae deductio 185 Comoedia unde? & ejus part. 69 Comoediae & Tragoed differentiae quaedam 72 Comessatio 76 Comitium quid, & unde? 8 locus quis? 104 Comitia, & comitium quomodo differunt? 8 Comitia calata 96 Comitia, Pontificia, Consularia, Aedilitia. 97 Comitia curiata 97.103 Comitia centuriata 97.104 Comitia tribu●a 97.107 Comitialis morbus 102 Comitialis dies 67 Comitialis homo. ib. Comperendinari quid propriè? l65 Compitales ludi 68 Conclamare vasa 174 Conclamatum est 91 Concubium 65 Conditione tua non utar 89 Confarreatio 87 Congiarium 109 Conscripti Patres, quomodo primùm dicti? 23 Consul 112 Consularis vir 114 consuls Honorarij, Ordinarij 115 consuls non Ordinarij, & suffecti. ib. Conticinium 65 Contubernium: Contubernij caput 175 Convivia Romanorum quam varia? 75 Convivarum quantus numerus? 77 Cornu dextrum vel sinist: aciei. 178 Corona quid? 184 Corona quae prima apud Rom. 40 Corona Trium phalis, aurea, obsidionalis, graminea 192 Corona Civica, quernea, muralis, Castrensis 193 Corona Vallaris, navalis rostrata. 193 sub Corona quid? 184 Corybantes unde? 55 Corybantia aera. ib. Cultrarij. 60 Cuneus militum quid & quare? 178 Cunei in theatris quid? 5 Cuniculis oppugnare. 184 Curia per se quid sig.? 4 Curia per se aliquando idem quod domus curialis. 40 Curia Hostilia. 4 Pompeia julia Curiae olim apud Rom. quot? 40 Curiales Flamines. ib. Curialis domus. ib. Curio Maximus. 40 Curiones sexaginta. ib. Curionia. ib. Curulis sella. 114 Custodes qui? 98 Cybelle, vel Cybele. 54 Cybelleius circulator. ib. D. DAmnatus voti. 74 Dapes Saliares 50 Dare herbam. 192. 193 De meridie. 65 De media nocte. ib. Dea Viri-placa. 89 Dea bona. 53 Decanus. 175 Decemviri. 122 Decimatio Legionis. 190 Decum● Decumanus. 186 Decumanus idem quod maximus & quare? 186 Decunx. 156 Decuriae. i56 Decurio quot signif? 185 Delubrum quid & unde? 17 Deorum matter. 54 Depontani. 97 Devorat sacra haud immolata. 61 Devovere dijs inferis quid? 23 Deunx. 156 Dialis Flamen. 46 Dianae mons. 5 Dicam scribere. 157 Dicam sortiri. ib. Dictator. 123 Dies bissextus. 64 Dies civilis quomodo divid. 65 Dies albi & atri. ib. Dies festi, feriati, profesti, intercisi 66 Dies fasti, ex part fasti, & nefasti. 67 Dies comitiales. ib. Diem alicui dicere. 165 Diffarreatio. 87 Diffindere diem. 163 Dij maiorum gentium. 30 Dij consentes ib. Dij & Divi quomodo differunt. ib. Dij animales qui? 31 Dij patrii. ib. Dij tutelares. ib. Dij communes 32 Dijs iratis aliquid facere. ib. Diluculum. 65 Dimicare quid? 74 Diminutio capitis, maxima, media. minima. 116 Diribitores. 98 Discumbendi ratio. 76 Discus. 61. 68 Divortium. 89 Do, dico, addico. 76 Dodrans. 155 Domus Curialis. 40 Dona militaria. 192 Donatica hasta. ib. Duella. 156 Duumviri sacris faciundis. 51 E. EDictum unde? 119 Edictum perpetuum. ib. Edictum peculiar & novum. ib. Edictum peremptorium. 165 Effari templa quid? 18 Elephantini libri qui? 11 Eleusina Ceres dicta. 37 Eloquentiae candidatus. 81 Emancipati qui? 153 Emancipatio. ib. Emancipati desijssent esse agnati. ib. Emisit arietem. Prov. 50 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quid? 70. Epulonum Triumvirs. 57 Equestria. 15 Equestris ordo. 24 Equitum magister. 123 Equus publicus. 24 Equus militaris. ib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quid Gell. signif. 180 Esquilinus mons. 4 Esquilina tribus. 22 Ex part fasti dies. 67 Ex iure manu consertum te voco 168 Exaggero unde? 179 Extispices qui, & unde dicti? 45 Extramuraneus Mars quare dictus? 48 Extremi agminis ductore●. 176 F. FAbiani Luperci. 37 Fabulae palliatae, & togatae. 73 Fagutalis jupiter. 5 Fagutalis mons. ib. Familiaris pars in victimis. 45 Fanum quid, & unde dictum? 17 Fana sistere. 18 Farracia. 87 Fartor. 108 Fasces pro magistratu. 111 Fasti dies. 67 Fatua Fauna Bona dea appellata. 53 Fax prima. 65 Februarius unde dictus. 36 Feretrius quare jupiter dictus? 192 Feriati dies. 66 Feriae● privatae, publicae, anniversariae, stativae, & conceptivae, 66 Feriae Latinae, Imperativae, & Indictivaes. 67 Ferre legem. 103 Festi dies. 66 Fidei Flamines. 51 Fidus idem olim quod foedus. ib. Figere legem, & refigere. 103 Figere tabulam. ib. Flama. 46 Flamines quot, & unde dicti? ib. Flamen Dialis. ib. Flamen Martialis. ib. Flamen Quirinalis. ib. Flamines maiores, & minore●. ib. Flamines Curiales, 40 & 47 Flaminio abire. 47 Flaminicae. ib. Flaminii & Flaminiae. ib. Flaminia aedes. ib. Flammeus. 87 Flexumines, 111 Florals ludi. 73 Focus quid, & unde dictus? 20 Foeciales. 50 unde dicti? 51 Foedus quid? 18● Folium Sibyllae. 52 Folia Sibyllae colligere. ib. Forfex, seu forceps militum. 178 Fornices. 191 Forum quotmodis sumitur? 6 Forum agere. ib. Frorum indicere. ib. Forum julium. 7 Forum Augusti. ib. Forum transitorium, & cur sic dictum? ib. Forum Traiani. ib. Forum Salustij. ib. Forum Romanum, quod & forum vetus. ib. Fori in Circo Max. quid? 13 Fratres arvales qui, quot, & unde dicti? 39 Frumentariae leges. 150 Frumentum aestimatum. 151 Frumentum decumanum. ib. Frumentum emptum. 152 Frumentum imperatum. ib. Funalia unde? 94 Funus. ib. Furcifer unde? 189 Fuste caedi. ib. Fustuarium meretur. ib. G. GAlli Cybelles sacerdotes 54 Gallica quid? 85 Gallicinium 65 Gemoniae scalae ubi 5 Genialis arbor quae? 33 Genialis quid sig? ib. Genialis lectus. 89 Genius bonus & malus. 32 Genio indulgere. 33 Genium defraudare. ib. Genius loci. 34 Globus militum. 178 Gradivus à gradiendo. 48 Graeca sacra. 37 Graeca sacerdos. ib. Gramineae arae. 20 Graminea hasta. 192. Graminea corona. ib. Gymnici ludi. 68 H. HAsta pura. 192 Hastâ purâ donati. 188 Hasta donatica. 192. Hasta Gramin●a. ib. Hasta Celebaris. 87 Hasta centum viralis. 117 Hasta pro venditione. 149 Hastae judices. 117 Hastaria censio. 188 Hastati qui 177 Haeredes primae cerae. 99 Haeredes ex toto ass. ib. Haeredes in imâ cerâ. ib. Haeredes secundi. ib. Haeredes Legararii. ib. Haeres fiduciarius, & imaginarius. 154 Haeres in totum assem institutus, quomodo differat ab Haerede ex toto Ass? 156 Haeres ex deunce. ib. Haeres ex quadrante Haeres ex semunciâ. Haeres sextulâ aspersus Helepolis machinae genus, quid & unde? 183 Hemones aliquando homines dicti. 31 Herbam dare. 192. 193 Herculis sacerdotes. 38 Histrio unde dictus? 69 Homo comitialis 67 Homo omnium scenarum. 71 Homo plurimarum palmarum. 74 Homo sacer. 127 Homini mortuo ossane legito 93 Horrea Sempronia. 151 Horri Salustini. 7 Hostia unde dicta? 58 Hostiare victimam. ib. Hostilia Curia. 4 Hostilis pars in victimis. 45 I. IAcere in Senatu. 113 janualijs. 50 Idus. 64. jentaculum unde dict. 75 Igni & aquâ interdicere. 116 Ignominiosa dimissio. 188 Ilicet quid signif. 94 Illotis manibus accedere ad rem. 59 Illotis pedibus. ib. Imago idem quod nobilitas. 26 Immolatio. 60 Imperativae fe●iae. 67 lmperator. 120 190 quot signif. 176 Impetrativa auguria. 43 In alicujus sententiam ire. 113 Inauspicatò. 41 Incensimarium. 11 Incensus. 155 Incestus unde 85 Indicere forum quid. 6 Indictâ causâ damnari. 137 Indiem tertium sive perendinum 165 Indigites. 30 Inferiae. 94 Ingenui qui. 27 In jus vocare. 134 In jus vocatio. 165 In justis vindicijs & sacramentis alienos fundos petere. 169 In litem jurare. 165 In praecinctu state vel vivere. 174 Intercalaris dies. 63 Intercisicdies. 66 Intendere actionem, litem. 165 Intempesta nox. 65 Intervallum quid. 179 Interrex. 123 Intonuit laevum. 43 Intra centesimum lapidem. 121 judices selecti. 136 judices quaestionum. ib. judices lecti sortitione. 163 Indices editione, edititij, alterni. ib. judicum decuriae. 158 judicum rejectio. 166 sub jugum quid?, 179 julia Curia. 4 julianus annus. 64 junonij. 50 junus, sive Invus aliquando nomen Panis. 36 jurare Io vem lapidem, vel per jovem lapidem. 172 jupiter Feretrius. 192. Ius honorarium. 118 Ius Papirianum. 134 Ius & lex quomodo diff. ib. L. LAcerna quid? 84 Lacernatus oppositus togato ib Laena qualis vestis. 42 Laevum in rebus sacris quid? 43 Lanx. 61 Lapis manalis. 48 Lapis pro mill pass. 121 Lares. 34 Lare sub parvo. ib. Lari sacrificat. ib. Latiaris coilis. 3 Laticlavia, Laticlavij. 83 Latini no minis socij. 187 Latinae feriae. 67 Latinus quis. 140 Laudare defunctum pro rostris. 92 Lectus Genialis. 89 Legatio mandata, votiva, libera. 143 Legatus quot signif. 133 Leges 12 tabularum. 122. 167 Leges tabellariae. 142. Leges de Ambitu. 161 Legio unde. 174 Legio Alaudarum. 159 Legio Quadrata. 174 Legio justa 175 Legis promulgatio. 101 Lemniscus quid. 74 Lemniscata palma. ib. Lessum. 95 Lex & Ius quomodò differunt. 134 Lex Accusatorla. I57 Lex incerta de Nexu. 160 Lex Acilia. 164 Lex Acilia Calpurnia. 162 Lex Aelia. 141 Lex Atinia. 156 Lex Aurelia. 158 Lex Coecilia Didia. 145 Lex Caelia. 142 Lex Cassia. ib. Lex Clodia, ad religionem spect. 138. ad comitia spect. 141. de Magistrate. 145. de Intercess. 146 de Provinciis, 148. de Cypro, ib de frument 151 Lex Cornelia, de Municipijs. 140. de Magistrate 144. 145. de Provincijs, 146 Lex Agraria, 150. de judic. 159. de parricidio 167 Lex Curiata, centuriata. 103 Lex Domitia. 138 Lex Fabia. 162 Lex Furia. 155 Lex Futia. 141 Lex Gabinia, 141.152 Lex Gellia Cornelia. 140 Lex Hircia. 144 Lex Hieronica. 152 Lex judiciaria Caes. 158 Lex julia de Provincijs 147. de judic. 158. de Maiestate. 161 Lex junia. 139 164 Lex junia Licinia de trinundino. 146 Lex Licinia. 163 Lex Licinia Aebutia. 146 Lex Licinia Mutia. 139 Lex Livia. 157 Lex Manilia. 142. 152 Lex Mancipij 161 Lex Memnonia. 160 Lex Papia. 139 Lex Papiria. 137. 142 Lex Plantia. 158 Lex Pompeia. ib. Lex Porcia. 139 Lex Quadrupli. 116 Lex Roscia. 137 Lex Rupilia. 157 Lex Sempronia de Civitate, 139 the commit. 142. de Provinc. 146 Lex Agrar. 150 Lex Servilia de Civit. 140. de judic. 157 Lex Socialis 164 Lex Sylvani & Carbonis. 140 Lex Terentia Cassia. 151 Lex Titia. 147 Lex Tullia de Senat. 143. de Ambitu. 162 Lex Valeria. 145 Lex Varia. 161 Lex Vatinia. 148 Lex Voconia. 155 Libatio. 60 Libamina prima. ib. Liberi alij ingenui alii libertini. 27 Libera toga. 80 Libitina. Libitinarij. 91 Libitinarius idem quod capularis. ib. Libri unde. 98 Libri-pens unde. 160 Lictores qui & unde. 111 Linum incidere. 100 Litare. 61 Light vel causa cadere. 136 Litis contestatio, Litis Redemptio, litis aestimatio, quomodo differ. 164 Loculi. 94 Lucus unde dict. 19 Luceres. 22 Ludus. 67 Ludum aperire. ib. Ludi compitales, circenses, & scenici. ib. Ludi gymnici. 68 Ludi sacri, funebres, votivi, ludicri, Megalenses, Cereales. 73 Ludi Florals, Martiales, Apollinares. ib. Ludi Castrenses. 75 Ludus Trojanus. ib. Lugere differt ab elugere. 95 Lunaris annus. 62 Lupercalium origo, & ceremoniae. 36 Lupercalibus quid immolaretur. ib. Lupa aluit Romulum & Remum expositos. ib. Lupercal ubi. ib. Lupercorum licentia quanta. ib. Luperci Fabiani, 37 Luperci Quintiliani. ib. Lustrum. 116 Lustrum condere. ib. M. MAchinis oppugnare. 184 Mactare hostiam. 60 Magnus annus. 64 Magister Collegij. 41 Magister equitum, populi magister. 123 Magistratum ambire: magistratum inire. 108 Magistratu abire. ib. Magistratus quis. 100 Magistratus Majores. ib. Magistratus Minores. ib. Magistratus Patricij, plebeii. ib. Magistratus Quinqueduanus. 123 Malleoli, machinae genus. 183 Mancipatio. 153 Mancipes. 186 Mancipium, mancipatus. 161 Mane. 65 quisque suos patimur Manes. 32 Manibus illotis accedere ad rem 59 Manibus pedibusque discedere in alicujus sententiam. 113 Manipuli. 175 Manipulus militum. 179 Manipularis. 159. 161 Manum conserere. 167 Manumissionis formula. 27 Mars quomodo effingi solebat. 48 mart vario pugnatum est ib. mart proprio, 48 Martiales ●udi. 73 Martialis collis. 3 Mater deorum. 54 Mavors. 48 Megalenses ●udi. 73 Megalesia. ib. Mel laria amphora. 54 Mensae Romanorum quales. 75 Merenda, unde dict. 76 Mereri sub hoc vel illo duce. 1●2 Meridies. 65 Meta 14 Miles emeritus. 172 Milites per sacramentum. 173 Milites per conjurationem. ib. Milites evocati. 172 Milites subitarij. ib. Militaria dona. 193 Mimi, qui, & quare planipedes dicti. 69 Mimicae fabulae. ib. Minervij. 50 Mitra. 81 Mitriaci. 55 Mola. 60 Monitor. 108 Mons Palatinus unde dict. 1 Mons Capitolinus, Tarpeius, Saturni. 2 Mons Quirinalis, Agonalis, Caballus, Coelius. 3 Mons Querculanus, Esquilinus, Aventinus, 4 Mons Murcius. 5 Mons Dianae. ib. Mons Remonius, Sacer, Viminalis, Fagutalis. 5 Mons Vaticanus. 6 Montorius. ib. More Romano i. ex animo. 21 Morbus Comitialis. 102 Morbus Sonticus. 163 Moribus deductio. 169 Mullei, Calceorum genus, unde. 85 Municipium, quid & unde. 187 Munus honorarium. ib. Murcia Venus. 5 Murrhata, Murrhina potio. 95 Muralis corona. 193. Musculus, unde & quare. 180 Mutare vestem; quid signif. 81 N. NAvails corona. 193 Naulum Charontis. 93 Nefastus dies. 67 Nexi, qui. 28 Nobilitatis ius. 26 Nomen idem quod debitum. 28 Nomina facere, liberare, exigere. ib. Nomenclatio, Nomenclator. 108 Nominis delatio 165 Nonae. 64 Nongenti qui. 98 Novi qui dicebantur. 25 Nox intempesta. 65 Nox media. ib. Nun tiatio. 102 Nun cupare vota. 74 Nuptiae. 86 Nuptiae innuptae. 88 Nuptialia dona. 89 O. OBnunciatio. 102 Observatio de Coelo. ib. Obsidionalis corona. 192 Oblativa auguria. 43 Occasus solis. 65 Olympica certamina. 68 Omen praerogativum. 102 Omne tulit punctum. 98 Omnium scenarum homo. 71 Opera & impensa perijt 68 Qperam & oleam perdidit. ib. Opima spolia. 192 Opius Collis. 4 Ops. 53 Optimates qui. 26 Oracula Sibyllina. 51 Oratio quid & unde dict. 160. 191 Orbis militum. 178 Orchestra. 15 Ovile, quis locus in Campo Martio. 13 P. PActio quid. 187 Palatic Salii. 49 Palatia unde dicta. 1 Palatina tribus. 22 Palatinus Mons unde 1 Palla. 84 Palliatae fabulae. 73 Palliati pro Graecis dicti. 78 Pallium. 78, 84 Palma, quare victoriae fignum. 74 Palma lemniscata ib. Palmarum plurimarum homo. ib. Palmata toga. 82 Paludamentum. ib. Pan Ly●aeus, & ejus forma. 35 Papia lex. 139 Papiria lex. 137 Papyrus. 99 Parricidium quid 167 Parricidij quaesitores. 116 Pars hostilis & familiaris in victimis. 45 Pater Fiduciarius. 153 Pater-patratus quis▪ 50 Patres conscripti quando primum dicti. 23 Patricij qui. ib. Patroni qui. ib. Pecuarius quis. 186 Pecuniae repetundae. 163. Pecunia ablata, capta, coacta, aversa. 164 Pendere, idem quod solvere. 161 Penula. 84 Perduellio; Perduellionis judicium. 141 Perones, calceorum genus. 85 Pessinuntia. 54 Pessinuntius sacerdos. 138 Picta toga. 82 Pignora caerdere. concidere, rapere auferre. 113 Pilani milites, qui. 178 Pilum quid. 177 P●strinum quid, & unde. 16 in P●strinum te dedam. ib. Planipides excalceati. 69 Plebeii qui. 23 Plebiscitum. 103. 137 Poculum boni genij. 33 Poculum charitatis, ib. Pollinctores. 91 Pomoerium quid. 1 Pompeia Curia. 4 Pondus pro toga. 81 de Ponte deij●rendus. 13 Pontes per quos sufrragia tulerint apud Roman, qui. 13 Ponfifices unde dict. 56 pontificia coena. ib. Pon● sublicius. ib. Popae 58 Populares. 26 Popularia. 15 Po●titores qui. 186 Portorium. Portarium, unde. ib postsignani. 159 Postulatio, Postulare aliquem, de hoc vel illo crimine. 165 Potitij cuius sacerdotes dicti. 38 Praecidaneae hostiae. ●9 Praeconi publico subijci, 149 Praedes. 186 Praefectus Annonae. 129 Praefectus Aerarij. 136 Praefectus Praetorio. 130. 131 Praefectus urbis. 121 Praefectura. 185 Praefica. 92 Praerogativa Tribus vel centuria. 101 Praerogativum omen. 102 Praetexta toga. 82 Praetextate. 69 Praetextatus differt à togato, 82 Praetextata aetas. ib. Praetores unde. 113. 117 Praetor urbanus, seu major. 117 Praetor peregrinus, seu minor. ib. Praetores Cereales. ib. Praetores fidei Commis●arij. ib, Praetores Quaesitores. 118 Praetorium quot significat. 131 Prandium. 76 Pridiè Calendas. 65 Prima fax. ib. Prima libamina. 60 Principes inter milites Rom. qui 177 Principta quae. ib. Privatae feriae. 66 Proconsul. 132 Profesti dies. 66 Proletarij. 105 Prologus quid sit. 71 Prologus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ib. Pronunciare, & cognoscere quomodo discrepant. 8 Promulgatio legis. 101. 103 Propraetor. 132 Proquaestor. ib. Proscripti, qui. 144 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 70 Provincia quot fig. & unde dict. 185 Provincias comparare, 132 Provincias sortiri, ib. Provinciae Consulares. ib. Provinciae Praetoriae. ib. Provinciam cepisti duram▪ ` 181 Publicanus quis. 186 Publicae feriae. 66 Pulla toga. 81 Pullarius. 44 Pulpitum. 15 Pulvinar, aliquando idem quod templum. 18 Punctum pro suffragio. 98 Pura hasta. 192 Purpurea toga. 82 Puteal Libonis. 9 Q. QVadram quid. 155 Qundruplatores. 156 Quaesitores Parricidij. 118 Quaestiones perpetuae. ib. Quaestor, unde. 126 Quaestores aerarij. ib. Quaestores Vrbani. ib. Quaestores rerum capitalium. ib. Quaestores provinciales. 133 Querculanus mons. 4 Quernea corona. 193 Quincunx, quid. 155 Quindecimviri sacris faciundis. 51 Quinqueviri mensarij. 129 Quinqueviri epulonum, 57 Quinctiliani Luperci. 37 Quintilis mensis. 64 Quirinalis mons. 3 Quirinalis Flamen. 46 Quirinales Salijs. 49 Quirinus nomen Romuli. 3 R. REddere. 61 Regina sacrorum. 48 Rem ratam habere. 164 Remonius mons. 5 Renunciatio Matrimonij. 40 Repudium. 89 Res tuas tibi habe●o. 90 Reus voti. 74 Rex sacrificulus, & Rex sacrorum. 47 Rhamnenses qui. 2● Rhea. 54 Rignarius mons. 5 Rogare legem. 103 Rogus. 93 Roma Vrbs septicollis. 1 Romanae urbis nomen incognitum. 32 Romani civis descriptio. 21 Romano more. 〈◊〉. ex animo. ib. Romulum & Remum exposito● lupa aluit. 36 Rostra ubi fuerint & unde dicta 9 Rostrata Corona. 193 Rude donatus. 75 Rudis apud gladiatores quid. ib. Rupes Tarpeia. 2 S. SAcer homo. 127 Sacra haud immolata devorat. 61 Sacramentum, quid sig. 170 Sacramento & sponsione provocare, ●●gare, quaere●e, stipulati. ib. Sacramento contendere, restipulati. ib. Sacrarium, quid. 19 Sacri ludi qui dicti. 73 Sacrificia, & ritu● sacrificandi. 58 Sacrilegus, quis & unde. 93 Sacrorum rex. 47 Sacrosanctus, quis dictus. 127 Sagum, quid. 79 ad Saga ire. ib. Saga togae cedant, idem quod cedant arma togae. ib. Saliares dapes. 50 Salijs, quot, & unde dicti. 49 Salijs Palatini. 49 Collini. Agonales. Quirinales. Salijs quales pileos gestent. ib. Salutaris Collis. 3 Salutaris litera quae. 166 Salustini horti. 7 Satisdatio quid. 170 Saturni aedes, quare aerarium populi. 10 Saturni mons. 2 Satyrae. 69 Satyra quale genus carminis. ib. Scalae Gemoniae. 5 Scena, in theatro, quid. 15 Scena, in fabulis, quid. 71 Scenici ludi, quare & quomodo primum instituti. 69 Scena Tragica. 71 Comica. Satyrica. Scena versatilis, vel ductilis. 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unde dict. 14 Scorpio, machinae genus. 182 Scriba. 118 Scribendo conficere rationes 186 Scriptura vectigalis genus quare dict. ib. Secespita. 61 Sectores. 149 Secundum illum litem do. 136 Secundipilus. 178 Sella Curulis. 114 Eburnea. Semidei. 30 Semissis. 151. 155. Semones, quasi semi homines. 31 Semuncia. 156 Senatus Senator: Senatus consultum: Senaculum. 112 Senator Princeps, Senatores Peda●ij. ib. ad Senatum refer. ib. in Senatu stare. 113 Senatores minorum gentium qui. 23 Senatus consultum de Ambitu. 162 Septem convivium, noven convitium faciunt. 77 Septem viri Epulonum. 57 Septa, qualis locus in campo Martio. 13 Septicollis Vrbs. 1 Septimius collis. 2 Septun●. 155 Sepulchrum. 94 Sepultura insepulta. ib. Sequestres. 109 Servi addicti. 120 Servorum duo genera. 28 Sestertius. 137 Sexagenarij de ponte deijciendi. 97 Sextans. 155 Sextilis mensis. 64 Sextulae. 156 Sibylla, unde dict. 53 Sibyllae, quot. 52 Sibyllina oracula. 51 Sibyllae folium. 52 Sibyllae folia colligere. ib. Sigma, quid, & quomodo olim figuratum. 77 Signa confer, collatis signis pugnare. 174 Signatores. 86 Silatum. 75 Silicernium quid. 94 Simpulum, vel simpuvium. 60 Sinistra avis. 43 Sinistrum in rebus sacris quid. ib. Siticines. 92 Soccus. 73 Sodalitia. 163 Solea. 85 Solis occasus. 65 Solistimum tripudium. 44 Sophocleo digna cothurno. 73 Sordidatus unde dict. 81 Sortitio judicum, subsortitio. 166 Spectio. 112 Sphinx in Pronao quid signif. 17 Sponsalia. 86 Stativae feriae. 66 Stipendium, quid. 186 Stipendiarij. ib. Stipendij fraudatio. 188 Stola quid & unde. 79 Stuprum. 85 Stylus, quot signif. 100 Stylum invertere. ib. Subbasilicanis, apud Plautum qui 8 Sublicius pons. 56 Subscriptores. 157 Subsellia. 8 Subsignanus. 159 Suburana. 22 Suffragia legitima conficere. 108 Suffragia explere. ib Suffragiorum puncta non tulit septem. 98 Suovetauralia, solitauralia. 116 Supplicatio. 190 Supplicationes decernere. ib. Synthesis. 55 T. TAbellarius. 99 Tabellae. ib. Tabernariae. 69 Tabulae ceratae, 99 Tabulae accepti & expensi. ib. Tabulae Novae. ib. Publicae. Auctionariae. Tabulam figere. 103 Tabularium, quid & unde. 11 Talassio quid signif. 88 Tarpcius mon●. 2 Tarpcia rupes. ib. Tatienses qui. 22 Taurilia. 116 Taeda, quid. 88 Templum. 16 Templum apud augures certa coeli regio. 42 Tergiductores. 176 Testera quid. 189 Testamentum calatis comitiis. 97 154 Testamentum in procinctu. 154 Testamentum per emancipationem familiae. ib. Testamentum per aes & libran. 155 Testamentum per nexum. ib. Testudo, quot signif. 180 Testudo militaris. ib. Theatrum quid & unde. 14 Titij, qui & unde. 57 Toga, unde dicta. 78 Togata mulier, pro impudica. 79 Tagam vitilem sumere. 80 Toga pura quid. ib. Toga Alba. 81 Candida. Pulla. Toga praetexta, purpurea. 82 Toga Picta, Palmata. ib. Toga Triumphalis. 83 Togatae fabulae. 73 Togati pro Romanis dicti. 78 Tormentum, quid & unde. 182 Trabea. 114 Trabea Auguralis. 83 Regia. Consecrata Tragoediae & Comoediae differentiae quaedam. 72 Triarij. 159. 177 ad Triarios ventum est. 177 Tribunus Celerum. 111 Tribus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 2● Tribus locales quot. ib. Tribus Vrbanae. 107 Tribus Rusticae. ib. Tribus iurevocata. 102 Tribus praerogativa. 101 Tribuni militum. 104 Tribuni Rutuli, Rufuli. 124 Tribuni suffecti, Comitiati. ib. Tribuni plebis. 127 Tributum quid; Tributarij. 186 Triclicium unde dictum. 76 Triens quid. 155 Triumphus unde dict. 191 Triumphus quomodo differt ab ovatione. ib. Triumphus major; minor. 190 Triumphalis arcus. 191 Triumphalis corona. ib. Triumvirs Reip constituendae. 125 Triumvirs Capitales. 129 Triumvirs Mensarij. ib. Triumvirs conquirendi juvenes idoneos ad arma ferenda. ib. Triumvirs Coloniae deducendae. ib. Triumvirs monetales. ib. Triumvirs valetudinis 130 Triumvirs Nocturni. ib. Triumvirs Epulonum. 57 Tripudium. 44 Tripudium solistimum. ib. Troia. 75 Trojanus ludus. ib. Tunica. 83 Tunica pallio propior. ib. Tunica Laticlavia. 83 Angusticlavia Recta. Turma. 157 Turres ambulatoriae. 180 Tutela Testamentaria. 153 Legitima. Dativa. Fiduciaria. Honoraria. Tutores Honorarii. ib. Tyro, Tyrocinium. 175 V. V. R. tabulis inscript. quid sign. 98 Vacationes 139 Vadarireum. 165 Vallaris corona. 193 Valla, Valli. 179 Vallus vitem decepit. 180 Vbi tu Caius, ibi ego Caia. 88 Vectigal. 186 Velites. 177 Velitatim agere. ib. Venditio per aes & libram. 160 Versis armis pugnare quid. 74 Vesper. 65 Vespae, & vespillones qui & unde. 92 Vestales virgins. 57 Vestes Romanae. 78 Vexillum unde. 128 Vexillum Roseum. 172 Vexillum Coeruleum. ib. Vexillationes unde, & quare. 178 Vicesimarium aurum. 11 Victima unde dicta. 58 Victimam hostiare. ib. Victimarii. 60 Vigilia 1. 2. 3. 4. 65 Viminalis mons. 5 Vimineus jupiter. ib. Vindicias sumunto. 168 Vindicatio quid. ib. Vindicta liberare. 28 Vinea quid. 180 Virgis caedi. 189 Virgula Censoria. 115 Virilis toga. 80 Visceratio. 95 Vncia quid. 156 unum pro omnibus. 165 Vota nuncupare. 74 Votireus. ib. Votivel voto damnatus. ib. Votivi ludi. 73 Vovere ludos vel templa. 74 Vrna. 94 Vt me ludos facit. 67 Vt tu Dominus, ita ego Domina. 88 Vxor unde. ib. Vxor Vsu. 87 Confarreatione Coemptione Z. ZOna quid. 84 Zonam perdere. ib. Zonam solvere. ib. FINIS.