The old Parliament, WJTH Some Passages thereof: As it was long since ordered, in the reign of ALEXANDER SEVERUS, then Emperour of Rome: AND Of the Proceedings therein, against VETRONIUS TURINUS, a great Favourite of the said Emperour. Taken out of the greek Records, and subscribed by the chief Secretary, Eucolpius clear. Alex. Imp. Published according to Order. LONDON, Printed for Robert Austin. 1645. The Old Parliament. ALexander Severus Emperour of Rome, in his time elected out of all parts of his Empire, a convenient company of wise, and persons well reputed, to be his councillors, consisting of Lawyers, Souldiers, and other expert and eloquent men. Here followeth the names of some of them, according to the greek Records. Gordian the consul. Ulptan the chancellor. Frontinus Keeper of the monuments. Fabius Sabinus, Catilius Severus, Censors for the city. Quintilius Marcellus, Ca us Manlius, Censors for the Provinces. Fabius Gab nus. Claudius Venatus. Seremanus. Caius Marcellus. Cato. Septimius Arabi. Vetronius Turinus. Aurelius Philippus. Marcus Gemiuus. Moderatus. Oninius. Paulus. Triphonius. Duillus. Cotta. Eucolpius secretary. Of the sentences of the Lawyers amongst these, and the rest of the senators, is made the Text of the Law Civill, gathered in the books name The Digests. The manner of the sitting of these senators, and their office was thus: 1. All matters and causes of great importance were brought in order before these senators, and by them examined; and the report thereof by them made unto the Emperour. 2. No decree or ordinance was made, but first debated on by 10 Lawyers, substantially learned, and 50 other expert and eloquent men, which was done after this manner: every mans opinion and sentence was thoroughly and quietly heard without interruption, which was taken by the Clerks, eight being assigned for that purpose; and a competent time was given to every counsellor to study and consider, so as that he might speak with judgement. 3. When Law and matters politic were treated on, those that were learned men and eloquent, spake and debated thereon. 4. When matters of war were treated on, that was debated on by Captains, and old experienced Souldiers; as also them that were expert in the situation of places, and pitching of fields, and preparing of camps. 5. When matters pertaining to the Emperour was treated on, it was debated by such as were well red in histories, and that had experience in the affairs of Emperours and Princes; and what they had done( as well Romans as other Nations) in semblable causes. 6. All debates being taken by the eight clerks; perfect copies thereof were forthwith written out, and delivered to the Emperour, which he red privately, comparing their judgements together; and afterwards in convenient time delivered his own judgement, before all his councillors; and any man amongst them had free liberty to declare themselves in their judgement, though against the Emperours opinion: and what was carried on by the mayor part, that he made a Law. 7. By the consent of the Senate, and not else( of whom the commoners were apartie) he choose the former Censors, two for the city, and the other two for the Provinces. And thus also were new senators chosen, when places were vacant; as also the Judges, and other chief Officers, which had jurisdiction and authority to give any sentence. 8. If a Knight, a Judge, or a senator, was found to stain the estimation of the degree, it was in their authority to degrade such of their office, or dignity. 9. All such were discharged out of the Senate, which were given to lying and flattery. 10. They purged the order of Knight-hood, degrading all Knights which were shameless, Iecherous, maintainers of thieves, or they themselves Robbers. And the like was used in reforming Judges, and other Head-Officers, both in the city, and about in the provinces. 11. All estates were liable to their correction: The Emperours palace not exempted from their jurisdiction. 12. The Emperour loved all that was virtue, and hated all that was 'vice, in what person soever he saw it. 13. In his own respect, whatsoever profit might redound to him by tolerating of any notable 'vice, he would rather lack profit, than give way to 'vice. 14. In them that were Concellours, he utterly abhorred ambition, and slattering Judges; he hated( with extreme detestation) covetousness and wrath. In both the one and the other he loved sincerity. 15. he gave free leave to any of his councillors that offended, to come to a legal trial, though never so great a favourite; as particularly Vetronius Turinus, a great favourite of the Emperours, one who got into the Emperours favour by a familiar and secret discourse; by which means Turinus took many bribes from divers people, to do them some friendship to the Emperour: and by this means he gathered much treasure to himself, but did nothing for those he undertook for. But at the last, many to whom he had promised such things as they sued for, notwithstanding they received nothing in conclusion, but nods with the head: by which means they found themselves deceived, and their great sums of money vainly employed, whereat they murmured; and partly moved with disdain, and partly with poverty, they broke forth at last into public exclamations: in so much that it came to the Emperours care: whereat the Emperour was moved with great displeasure, that Turinus whom he had in so great estimation, should sell his determinations and sentences to defame the Emperour, as if he did nothing, but at his beck and commandement, and thereby abused his Subjects. Wherefore the Emperour permitted Turinus to be forthwith arrested, and openly in his presence to be accused, many witnesses coming against him. Turin●s being called to the bar before the senators, there came many sufficient and credible witnesses against him, who attested that in their presence he had received such bribery: the witnesses were many, and the proofs full against him. The Emperour gave convenient time to the Senate to deliberate by themselves, before they gave sentence what punishment should be equal to the offence of Turinus, and necessary for an example to others in the like nature: and every man delivered his opinion. Some delivered their opinion, that open rebuk with sufficient satisfaction unto the parties wronged, should be a convenient punishment. Others added thereto imprisonment for a certain time. Divers would that he should be banished far from the Court. Many affirmed with vehement arguments, that he deserved to be beheaded, considering that in abusing the Emperours majesty, in selling great offices to persons unworthy, and the like,( as was proved against him) he had put the public weal into no little hazard. The Emperour advisedly hearing all their opinions, in the last place( as it was his custom) delivered his judgement in this manner. My trusty and well-beloved councillors: Wee have hitherto attentively heard, and thoroughly considered your wise and honourable sentences, declared with free and uncorrupted minds; although by the diversity of your natural inclinations, your sundry reasons seem to have no little diversity, as it happeneth in all consultations, where divers men do declare their opinions freely, as I doubt not but you do. Notwithstanding for as much as hearing all your opinions, and reasons, I am the better instructed to find out and declare( except I be deceived) what should be the most expedient and necessary punishment of Turinus, for the offences which he hath committed, wherein ought to be no less severity( as may be proved by good reason) then if he had attempted to have slain me, or burn this most noble City. And so the Emperour enlarged himself in many particulars. Wherefore he was then judged to be lead away unto the open market-place, where the most resort of people use to be: and there to be bound to a stake, with smoke made of green sticks, and wet stubble, and to be smothered to death. And during the time of his execution, a beadle shall cry, with fume shall he dy that fume hath sold. 15. When any had executed any good office for the public good of the Land, then would the Emperour himself, not in his own name, but in the name of the whole Empire say, the public weal give to you right hearty thanks. 16. chief Judges, Proconsulls, lieutenants, and the like, were never placed but by deliberate judgement of the Senate. 17. There was no man in dignity or office, either by the assignment of the Senate, or in under offices, put in by his own Commission, but the Emperour knew his person, and form of being. And when he was solicited to promote any person, he would search out his name in his book of remembrance. 18. By the consent of the Senate the Commons sitting with his counsellors the Emperour agreed to these laws following. 1. Ordered that threescore Conservators be chosen for the good of the public weal, to see that the children of this Nation be well brought up, and instructed, according to the capacity of their wits, from the age of seven yeares unto sixteen, and that in their plays and recreations there be no dishonest thing: And that such as are the sons of Gentlemen, be exercised in reading. And they and the rest in swimming, running, wrestling, to occupy all weapons of war. And also that maids during the same age be brought up in shamefastness, humbleness, and occupation, necessary for a house-wife. And that they be not seen out of their fathers house, but in the company of their mothers, or such other that are in their places. 2. Ordered that the said Conservators, have power to control every householder of what estate or degree soever, if any excess be found in their fare, or where riotous persons be: or that more servants then rooms are in his or their house, and that for necessary business may be employed. 3 Ordered that they see that no victualling, or brothel house have their doors open to receive any person, either before the sun rising or after sun set, that every man may be known, that repairs to such places. E●celpius Cleric. Alex. Imp.