0 Digitized by the Internet Archive in 2017 with funding from Getty Research Institute f ''U 7 https://archive.org/details/romaantiquaenotiOOkenn Ostzndunt terrru yuan txm^mfataSupremi^ Vuncjalcem accumuLem (kriu, expiry or uvim AI urwrz . — — — itHII'llll Rom Chap. VI. The Divifion of the Cavalry • and of the Allies. p. 19Z Chap. VII. The Offices in the Roman Army : And^firft^ Of the Centurions and Tribunes $ with the Commander i of the Horfe , and of the Confederate Forces . p . 195 Chap. VIII. Of the Legati, and the Imperator, or Ge~ neral. pi 196 Chap. IX. Of the Roman Arms and Weapons, po 199 Chap. X. The Order of the Roman Army drawn up iri Battalia. p. 205 Chap. XI. The Enfgns and Colours \ the Mufick 3 the Word in Engagements j the Harangues of the Getie~ ral. p . 207 Chap. XII. The Form and Divifion of the Roman Camp. p. 2 id Chap. XIII. Of the Duties 3 Works and Exercifes of the Soldiers. p. 212 Chap. XIV. Of the Soldiers Pay. p. zij. Chap. XV. Of the Military PunifmentSo p. 219' Chap. XVI. Of the Military Rewards . p. iid Chap. XVII. The Roman Way of declaring War , and of making Leagues . p. 229 b Chap. CONTENTS. Chap. XVIII. The Roman Method of treating the Peo- ple they conquer'd } with the Conftitution of the Colo- nial, Municipia, Prefe&uras, and Provinces, p . 231 Chap. XIX. The Roman Way of taking Towns, with the mo ft remarkable Inventions and Engines made ufe of in their Sieges. P- Chap. XX. The Naval Affairs of the Romans, p. 239 BOOK V. Mtfcellany Cujloms of the Romans. C HAP. I. Of the private Sports and Games, p. 247 Chap. II. Of the Circenfian Shows 5 and firfl of the Pentathlum , the Chariot Races , the Ludus-Trojae, and the Pyrrhica Saltatio. p. zyz Chap. III. Of the Shows of wild Beafts , and of the Naumachke. p. 2 < 5 f Chap. I V. Of /^Gladiators. p. 270 Chap. V. Of the Ludi-Scenici, or Stage- Plays $ and fir ft. Of the Satyr es, and the Mimick- Pieces j with the Rife and Advances of fuch Entertainments among the Romans. p. 28* Chap. VI. Of the Roman Tragedy and Comedy, p. 2 8) Lib, 2, 1, (c) Cicer9 Tufc. Qttafl. lib. 4. they Of the Roman Learning. m they made themfelves rather the Matters of that People. And then, Gracia capta ferum vittorem cepit , & artes Intulit agrefti Latio (a). The greateft Number of eminent Poets, efpecially Dramatic Writers, flourifli’d between the End of the Firft and the Third Punic Wars ; or from the Year of the City yi 2 to 607. Thepfoft confiderable were Livius AndronicuSy Navi us, Ennius^, Pacu- vius , Accius y CaciliuSy PlautuSy AfraniuSy ‘Terence VLY\<$/Lucilius. And therefore Horace means only the firft Punic War, when he fays, Et pojl Punica bella quietus quarere coepit Quid Sophocles, & Thefpis & JEfchylus utile f err ent : Tentavit quoque rem fi digne vertere pojfet (b). The Studies of Philofophy and Rhetoric never made any tolera- ble Progrefs before the Arrival of the Achaiansy who in the Year of Rome 5-8 6 or 587, to the Number of a Thoiifand, or more, were fent for out of their own Country, where they had (hewn themfelves difaffeded to the^ow2W,and were difpers’d in feve- ral Parts of Italy. Among thefe was the famous Polybius the IS/le galop olit an y whofe great Parts and Learning not only gain’d him the entire Friendship of Scipio ALmylianus and L alius, two of the greateft Romans in that Age, but procur’d too the Releafe of all his Countrymen that remain’d after fome Years Exile, Moft of that Company, tho’ not equal to Polybiusy yet being the principal Members of the chief Cities in Greecey brought away a great Share of the Politenefs and refin’d Arts of that Country : And being now reduc’d to a State of Life, which took from them all Thoughts of Publick Adion, they apply’d themfelves wholly to the Purfuit of Letters, as well to divert the fad Reflexions on their Banifhment, as to improve and cul- tivate their Mind (c). In a few Years their Examples and Inftrudions had wrought fuch a ft range Converfion in the Roman Youth, that the Senate fearing left the antient Difcipline fhou’d by this means be cor- rupted, and the Minds of the People foften’d and enervated by Study, confulted how to put a Stop to this Vein of Politenefs, fo contrary to the rough and warlike Difpofitions of their (d. Cafaubon. Chronol. ad Poiyb. & Com- ment* ad Sueton, de Grammat* b 3 Anceftors . IV ESSAY I. Anceftors. To this Purpofe we meet with a Decree bearing Date in the Confulfhip of C. Fannius Strabo and M. Valerius Meffala , A. U. C. ygi ; by which it appears, that whereas Mar- cus Pomponius the Prsetor had made a Report to the Senate a- bout the Philosophers and Rhetoricians , the Fathers did hereby order the aforefaid Praetor to take Cognizance of the Bufmefs , and to fuffer no fuch Men in Rome (a). The eager Paffion for Learning* which this Prohibition had in fome meafure allay’d, broke out with greater Heat and Force about fixteen Years after, upon this famous Occafion, as the Story may be made up out of feveral Authors (b). The Athenians having plunder’d Oropus a City of Boeotians. Inhabitants made their Complaint at Rome ; the Romans refer- ring the Cafe to the Judgment of the Sicyonians ,a Mill# of yoo Talents was impos’d on the Athenian State. Upon this Account it was refolv’d, that Commiflioners fhould be fent to the Roman Senate, to procure a Mitigation of the Fine. ThePerfons pitch’d on for this Service were Carneades the Academick , Diogenes the Stoick , and Critolaus the Peripatetick . About the Time of their coming, Authors are very little agreed; but Petavius and Cafaubon fix it in the Six Hundred and Third Year after the Building of Rome. Mod of the iludious Youths immediately waited on the old Gentlemen at their Arrival, and heard them difcourfe frequently, with Admiration. It happen’d too, that they had each of them a different Way in their Harangues ; for the Eloquence of Carneades was Violent and Rapid, Critolaus ’s Neat and Smooth, that of Diogenes Model! and Sober. Carneades one Day held a full and accurate Difpute concerning Ju (lice; the next Day he refuted all that he had faid before, by a Train of contrary Arguments, and quite took away the Virtue that he feem’d fo firmly to have eftablifh’d. This he did to fhew his Faculty of confuting all manner of pofitive Aflertions; for he was the Founder of the Second Academy, a Se& which d enied that any Thing was to be perceiv’d or underftood in the World, and fo introduc’d an univerfal Sufpenfion of Affent. It foon flew about the City that a certain Grecian (by whom they meant Carneades') carrying all before him, had imprefs’d fo ftrange a Love upon the young Men, that quitting all their Pleafures and Paftimes, they run .mad, as it were, after Philofophy. This to the Generality of People was a very pleafant Sight, and they rejoic’d extreamly a^Sfiettn. de Clar. Grammat. cap. 1. ^ 4 . Gell. lib. is. cap. 11, ( b ) Pint. Cat. major » ^4. Gell . lib. 7. cap. 14. Macro Sat. 1. cap. xj. to Of the Roman Learning. v to find their Sons welcome the Grad an Literature in fo kind a Manner. But old Cato the Censor took it much to Heart, fearing left the Youth being diverted by fuch Entertainments, (hou’d prefer the Glory of Speaking, to that of Adting. So that, the Fame of the Philofophers increafing every Day, he refolv’d to fend them packing as foon as polfible. With this Defign, coming into the Senate, he accus’d the Magi ftrates for not giving the Ambaf- fadors a fpeedier Difpatch ; they being Perfons who cou’d eafily perfuade the People to whatever they pleas’d. He advis’d therefore, that in all hafte fomething fhou’d be concluded on, that being Pent home to their own Schools, they might declaim to the Grad an Children; and the Roman Youth might be obedi- ent to their own Laws and Governors, as formerly. The fame grave Difciplinarian, to fright his Son from any Thing of the Grecians , us’d to pronounce, like the Voice of an Oracle, in a harfher and louder Tone than ordinary, That the Romans wou*d certainly he dejlroyed , when they began once to be infededwith Greek. But’tis very likely, that he afterwards alter’d his Mind; fince his learning Greek in his old Age is a known Story; and depends on good Authority (a). The Lord Bacon fays, 'Twas a Judgment upon him, for 1 his former Blafphemies (b). The Ambaffadors, upon the Motion of Cato , had a quick Diftniffion, but left fo happy an Inclination in the young Gen* tlemen to Philofophy and good Letters, that they grew every Day more enamour’d of Study; and fhew’d as much Diligence in their Purfuits of Knowledge, as they have ever done in their Applications to War. In the Year of the City 60S or 609, Greece , which had hi- therto retain’d fome fhadow of Liberty, tho’ it had been a long while at the Romans Command, was, upon fome flight Occaflon, enter’d with an Army under L. Mummius , and reduc’d to the common State of the other conquer’d Nations. This Exploit happening in the very fame Year that Carthage was deftroy’d by P. Scipio Mmylianus , it will be very pleafant toobferve the diffe- rent Genius of the two Commanders, who had the Honour of thefe Atchievements ; and to feehowPolitenefs, and the ancient Simplicity, werq now at Strife in Rome. Mummius was fo far unskill’d in the curious Inventions of Art, that after the taking of Corinth , when a great Number of admirable Pidhires and Statues, by the beft Mafters, came into his Hands, he told ( a ) Cicero Acadenv 1 . Dt Senett, ^htinShlian. Injl. lib. 12. cap. lie vaneement of Learning, Book^ i. b 4 (S)Ad- tfe E S S AT I. the Servants that were to carry them into Italy, If they loft any by the IVay , they ftotTd certainly find him new ones in their Room (a). Scipio on the other Hand, to the Courage and Virtue of an- cient Heroes, had join’d a profound Knowledge of the Sciences, with all the Graces and Ornaments of Wit. His Patronage was courted by every one that made any Figure in Learning. Pa- 7i) Virgil. Eclog, 6, OWl^ Of the Roman Learning. xi own Life ; his Exhortation to Philofophy, with feveral other Works in Profe; his Book of Hexameters, and another of Epi- grams, all confider’d together, may equal him with the mod learned Princes in Story. Being thus arriv’d at the higheft Point of the Roman Attain- ments, it cannot be unpleafant to look about us, and to take a fhort Survey of the Produ&ions in every Kind. Eloquence in- deed will appear at fome Diftance, rather in the Auguftan Age, than in Auguftus* s Reign, ending in Cicero i at the Diflolution of the Common-wealth. Not that his Death was properly the Ruin of his Profeflion ; for the Philofopher might have liv’d much longer ; and yet the Orator have been gone ; when once the ancient Liberty was taken away, which infpir’d him with all his lofty Thoughts, and was the very Soul of his Harangues. But o then the Bounds of Hiftory and Poefy were fix’d under the EmperoPs Prote&ion, by Livy, Virgil , and Horace. And if we defire a View of Philofophy, the Two Poets will account for that, as well as for their own Province. I think none will deny Horace theElogy given him by a cele- brated Writer, That he was the great eft Mafter of Life , and of true Senfe in the Condutt of it (a). Efpecially fince the Author of that Judgment is one of thofe whom (had he liv’d then) Horace himfelf wou’d have willingly chofe for his Judge; and inferred in that fhort Catalogue of Men of Wit and Honour, whom he defired fhould approve his Labours .(b) . Whether or no the common Saying be true, that if all Arts and Sciences were loft, they might be found in Virgil , it’s plain he div’d very deep into the Myfteries of natural Science, which he fets forth in all its Ornaments, in feveral parts of his fublime Work. And in that admirable place of his Second Georgic , when he exprefteth, in a fort of Tranfport, his Inclinations to Poefy, he ieems to diredt its whole End towards the Specula- tions of the Philofophers, and to make the Mufes Hand-maids to Nature. Me veroprimum dulces ante omnia Mufte , Qtiarum facrafero ingenti per cuff us amore , Ac dpi ant, coelique was & fydera monftrent , Defeftus folis varies, Lunceque labor es : (*) Sir Will, Temple's Mfcellan. P. 2. E flay 2. (ft) Book t. Sar. 10. Unde xii E $ S A r t. Unde tremor terris , qua vi maria aha tumefcam Obicibus ruptis , rurfufque in fetpfa refidant ; Quid tantum Oceano prop ere nt fe tingere foies Hyberni : vel qua tardis mora nodi bus obfiet . For me , the firll Defire, which does controul All the inferior Wheels that move my Soul, Is, thattheMufeme her High-prieft would make; Into her holy Scenes of Myftery take, And open there, to my Mind’s purged Eye, Thofe Wonders which to Senfe the Gods deny: How in the Moon fuch Change of Shapes is found; The Moon, the changing World’s eternal Bound; What fhakes the folid Earth : What ftrong Difeafe Dares trouble the far Centre’s ancient Eafe : What makes the Sea retreat, and what advance; Varieties too regular for Chance : What drives the Chariot on of Winter’s Light, And flops the lazy Waggon of the Night. [Mr. Cowley . After Auguftus , the Roman Mufes, as well as the Eagles, Hoop’d from their former Height; and, perhaps, oneofthefe Misfortunes might be a necdfary Confequence of the other. I am very forry when I find either of them attributed to the Change of Government, and the Settlement of the Monarchy: For had the Maxims and the Example of Auguftus been purfu’d by his Succeffors, the Empire, in all probability, might have been much more Glorious than the Common-wealth. But while a new Scheme of Politicks was introduc’d by Tiberius , and the Cafars began to act what the Tarquins wou’d have been afbam’d of, the Learning might very well be corrupted, together with the Manners and the Diicipline, and all beyond any Hopes of a Recovery. It cannot be deny’d, that fome of the word Princes were the moll paffionate Affedlers of Learning, particularly Tiberius , Claudius , and Nero : But this rather deterr’d other Men from fuch Attempts, than encourag’d them in their Purfuits ; while an applauded Scholar was as much envied, as a fortunate Commander; and a Rival in Wit, accounted as dangerous as a Contender for the Empire : The firfi: being certainly the more hard Combatant, who dar’d challenge his Mailers at their own Weapons. 6 Whatever J Of the Roman Learning. xiii Whatever Eflfays were made to recover the languifhing Arts under Vefpafian , Titus and Domitian (for this laft too was an Incourager of Poefy, tho’ he banifh’d the Philofophers,) fcarce ferv’d to any better Purpofe, than to demonftrate the poor Succefs of Study and Application, while the ancient Genius was wanting. In the fix next Reigns immediately following Domitian , Learning feems to have enjoy’d a Sort of lucid Interval, and the banilh’d Favourite was again admitted to the Court, being highly countenanced and applauded by the beft Set of Princes Rome ever faw. Not to enquire after the Produ&ions of the other Reigns, the ufeful Labours of Tacitus , Suetonius , and Pliny Junior , will make the Government of Trajan more famous than all his Feats of Arms. If they are lefs happy in their Language than the Ancients, in other Refpe&s, perhaps, they have over-match’d them : The Hiftorians in the Delicacy of their Politicks, and the fincere Truth of their Relations; and the Orator in his Wit and good Senfe. If we add tothefe Plutarch , who wrote mo ft of his Works in Rome , and was honour’d by Trajan with the Confulfhip ; and Quinfiilian , who flourifli’d a very little Time before; they may pafs for the Twilight of Learning af- ter the Sun-fet of the Auguftan Age; or rather be refembled to a glimmering Taper, which cafts a double Light when it’s juft on the Point of expiring. ’Tisan Obfervationof Sir WilliamTemple , That all the Latin Books, which we have ’till the End of Trajati^ and all the Greek ’till the End of Marcus Antoninus , have a true and very efti - mahle Value ; but that all written fince that Time, owe their Price purely to our Curiofity, and not their own Worth and Excellence. But the Purity of the Tongue was long before corrupted, and ended, in Sir William Temple's Judgment, with Velleius Paterculus , under Tiberius. The Reafon he afiigns for this Decay, is, the ftrange Refort of the ruder Nations to Rome , after the Conqueft of their own Country. Thus the Gauls and Germans flock’d in Multitudes both to the Army and the City, after the Reducing of thofe Parts by Julius Ccefar , Augujlus , and Tiberius ; as many Spaniards and Syrians had done before, on the like Account : But the greateft Confluence of Foreigners follow’d upon the Victories of Trajan in the Eaft , and his Eftablifhment of the Three new Provinces, Armenia , Affyria , and Mesopotamia* And though Adrian vo- luntarily xiv E $ $ AY I. luntarily relinquifh’d thefe new Acquifitions, yet the prodigi- ous Swarms of the Natives, who had waited on his Predecef- lors Triumphs, were ftill oblig’d to live in Rome, in the Con- dition of Slaves, The greateft part of the fucceeding Princes, who found itfo hard an Enterprize to defend their own Territories, had little Leifure or Concern to guard the PoiTeffions of the Mufes. And therefore Claudian in thofe V erfes of his Panegyric on Stilico, Hinc prifice redeunt artes , felicibus hide Ingeniis aperitur iter , defpefiaque Mufce Colla levant ; is guilty of a great Piece of Flattery, in making that Minifter the Reftorer of polite Studies, when it is plain, that in his Time funder Honorius) were the laft Stragglings of the Roman State. The Goths and Vandals , who foon carried all before them, might eafily fright Learning and Sciences off the Stage, fince they were already fo much out of Countenance; and thus render the Conquerors of the Univerfe, as rough and illiterate as their firft Progenitors. In this manner, the Inundations of the barbarous People prov’d equally fatal to Arts and Empire; and Rome herfelf* when flie ceas’d to be the Millrefs of the World, in a little Time quite forgot to fpeak Latin . ESSAY ESSAY II. Of the Roman Education . I S an obvious Remark, that the ftrongeft Body owes lts Vigor, in a £ reat mea ^ ure ? to very ||||| f|g|| Milk ]t rece ^ v ’^ i n i* s Infancy, and to the firft knitting of the Joints : That the mod (lately Trees, and the faireft of Herbs and Flowers, are beholden for their Shade and Beauty to the Hand that firft fix’d them in an agreeable Soil : An Advantage, which if they happen to want, theyfeldom fail to degenerate into Wild- nefs, and to affume a Nature quite different from their proper Species. Every one knows howto apply the fame Obfervation to Morals, who has the Senfeto difcoverit in Naturals. Hence themoft renown’d People in Story, arethofe whofe Law-givers thought it their nobleft and mo ft important Work, to prescribe Rules for the early Inftitution of Youth. On this Bafis, Ly- curgus founded the glorious Difcipline of the Spartans , which continu’d for Five Hundred Years, without any confiderable Violation. The Indian Brachmans had a Strain beyond all the IVitof Greece, he ginning their Care of Mankind even before their Birth j and employing much T bought and Diligence about the Diet and Entertainment of their breeding W omen ; f far as to fur nifi them with pleafant Imaginations , to compofe their Minds and their Sleep with the beft ‘Temper , during the Time that they carried their Burthen (a). Plutarch leverely reprehends the Conduct of Numa , that iu his Settlement of the Roman State, he did not in the firfl Mace (a) Sil Will TewpU's Mifcell, P, z. Eflay I, provide xvi E S S AT IL provide and conftitute Rules for the Education of Children ; and makes the Remifsnefs in this early Difcipline, the chief Caufe of the feditious and turbulent Temper of that People, and what contributed highly to the Ruin of the Common- wealth (a). Thus much indeed feems to be agreed on by the latter Hiftorians, That, in the loofet Times of the Empire, the (hameful Negli- gence of Parents and Inftrudtors, with its neceffary Confequence, the Corruption and Decay of Morality, and good Letters, (truck a very great Blow towards the diffolving of that glorious Fa- brick. But in the rifing Ages of Rome, while their Primitive Integrity and Virtue flourifh’d with their Arms and Command, the training up of Youth was look’d on as a mo(t Sacred Duty 5 and they thought themfelves in the higheft Manner oblig’d to leave fit SuccelTors to the Empire of the World. So that upon a fhort Survey of the whole Method of Difcipline from the Birth to the Entrance on publick Bufinefs, they will appear fo far to have exceeded the Wifdom and Care of other Nations, as to contend for this Glory, even with the ancient Spartans, whom Plutarch has magnify’d fo much beyond them : Elpeci- ally, if we agree with a great Judge, That the taking no Care about the Learning, but only about the Lives and Manners of Children, may bejuftly thought a Defeat in Lycurgus' s Inftitu- tion (b). Quindilian (or "Tacitus ) in the Dialogue de Oratoribus , gives an excellent Account of the old Way of breeding Children, and fets it off with great Advantage, by comparing it with the Modern. “ As foonasthe Child was born, he was not given in Charge u to an hir’d Nurfe, to live with her in fome pitiful Hole that 4t ferv’d for her Lodgings ; but was brought up in the Lap and u Bofom of the Mother, who reckon’d it among her chief Com- a mendations, to keep the Houfe, and to attend on the Children. u Some ancient Matron was pitch’d on out of the Neighbours, a whole Life and Manners render’d her worthy of that Office, u to whofe Care the Children of every Family were committed ; ct before whom ’twas reckon’d the mod: heinous Thing in the u World, to (peak an ill Word, or to do an ill Action. Nor had a (lie an Eye only on their Inftru&ion, and the Bufinefs that “ they were to follow, but with an equal Modefty and Gravity, u (he regulated their very Divertifements and Recreations. Thus (a) Plutarch. Compaq of Hrnnci and L)Wrg. (b) Aicll-Bifhop Tillotfon\ Se/mon of Education. ^ Cornelia , Of the Roman Education- xvii 44 Cornelia , Aurelia and Atria, Mothers to the Gracchi , Julius 44 Cat far and Auguftus , are reported to have undertaken the 44 Office of Governeffes, and to have employ’d themfelves in 44 the Education of Noblemens Children. The Stri&nefs and 44 Severity of fuch an Inftitution had this very good Delign, 44 That the Mind being thus preferv’d in its primitive Inno- 44 cence and Integrity, and not debauch’d by ill Cuftom or ill 44 Example, might apply itfelf with the greateft Willingnefs to 44 liberal Arts, and embrace them with all its Powers and Fa- 44 culties. That, whether it was particularly inclin’d either 44 to the Profeffion of Arms, or to the Underltanding of the 44 Law, or to the Pradlice of Eloquence; it might make that 44 its only Buhnefs, and greedily drink in the whole Knowledge 44 of the favourite Study. 44 But now the young Infant is given in Charge to fome poor 44 Greecian Wench, and one or two of the Serving-men, perhaps, 44 are join’d in the Commiffion ; generally the meaneft and molt 44 ill-bred of the whole Pack, and fuch as are unfit for any feri- 44 ous Bufinefs. From the Stories and Tattle of fuch fine Com- 44 panions, the foft and flexible Nature mull take its firft Impref- 44 fion and Bent, Over the whole Family there is not the lealt 44 Care taken of what is faid or done before the Child ; while 44 the very Parents, inftead of inuring their dear little Ones to 44 Virtue and Modefty, accuftom them, on the quite contrary, 44 to L : cencioufnefs and Wantonnefs, the natural Refiilt of 44 which, is a fettled Impudence, and a Contempt of thole 44 very Parents, and every Body elfe, Thusaltho’ the Care and Inftrudtionof Youth, among the old Romans , had been provided for by the Publick Laws, as in the Spartan State, yet the voluntary Diligence of Parents would have made all fach Regulations luperfluous. Among the Domeltick Cares, it will not be from the Purpole to take particular Notice of one, which requir’d little Trouble or Difficulty, and yet prov’d as Beneficial and Serviceable as any other Inftitution : 1 mean the uling Children to Ipeak the Language purely at firft, by letting them hear nothing but the truelt and molt proper Phrafe. By this only Advantage feveral Perfons arriv’d at no ordinary Repute in the Forum , who were fo unhappy as to want many other Qualifications. Fully fays that the Gracchi were educated, non tarn in gremio^ £[uam in fermone Matris : And he reports of C. Curio, who was reckon’d the third Orator of his Time, that he underltood no Poet, had read no Books of Eloquence* had made no Hiftoricai c a Coi xviii E 8 $ AT II. Collections; and had no Knowledge of the Publick or Private Part of the Law. The only Thing which gain’d him his Applaufc was a clean, fhining Phrafie, and a Hidden Quicknefs and Flu- ency of Exprefiion. 1 his he got purely by the Benefit of his Pri- vate Education ; being us’d to fuch a correct and polifh’d way of lpeaking in theHoufc where he was brought up (a). For Mailers, in the firfi Place, they had the Liter atores, or T&fjL[AciT trail w ^° taught the Children to write and read: To theie they were committed about the Age of Six or Seveii Years (b). Being come from under their Care, they were fent to the Grammar Schools , to learn the Art of fpeaking well, and the underflanding of Authors: Or more frequently, in theHoufe of great Men, lome eminent Grammarian was entertain’d for that Employment. It is pleafanttoconfider, what Prudence was us’d in thefe'early Years, to inftii into the Children’s Minds, a Love and Inclination to the Forum , whence they were to exped the greateft Share of their Honours and Preferments. For Cicero tells Atticus , in his SecondBook^ Legibus, That when they were Boys, they us’d to learn the famous Lav/s of the Twelve Tables by Heart, in the fame Manner as they did an excellent Poem. And Plutarch relates in his Life of the younger Cato, That the very Children had a Play, in which they a died Pleadings of Caufes before the Judges ; accufing one another, and carrying the condemn’d Party to Prifon. The Mailers already mention’d, together with thelnllru&ors in the feveral Sorts of manly Exercifes, for the improving of their natural Strength and Force, do not properly deferve that Name, if fet in View with the Rhetoricians and Philofophers; who, af- ter that Reafon had difplay’d her Faculties, and ellablilh’d her Command, were employ’d to cultivate and adorn the Advan- tages of Nature, and to give the laft Hand toward the forming of a Roman Citizen. Few Perfons made any great Figure on the Scene of Adlion in their own time, or in Hillory after- wards, who, befides the conftant frequenting of Publick Le- dums, did not keep with them in the Houfe fome eminent Pro- feffor of Oratory or Wifdom. I have often thought, That one main Reafon of the prodigious Progrefs made by young Gentlemen, under thefe Private Tu- tors, was the perfed Love and Endearment which we find (a.) Cic. in Brut, (b) Vid. Daeier ad Hoy At. Sat. I. Lib. i, to Of the R oman Education. xix Co have been between Matter and Scholar, by which Means Government and Inftru&ion proceeded in the fweeteft and eafi- ett way. All Perfons in the happy Ages of R.ome had the fame Honour and Relped for their Teachers, as Perfms had for his Matter, Cornutus the Stoick , to whom addreffing himfelf in his fifth Satyr, he thus admirably defcribes his own Love and Piety to his Governour, and the ttrict Friendfhip that was between them : Ctimque iter ambiguum eft, off vitce nefcius error Diducit trepidas ramofa in comp it a mentes , Me tibi foppofoi : teneros tu fofcipis annos Socratico, Cornute, finu ; tuncfallerefolers Appofita intortos extendit regula mores ; Et premitur ratione animus , vincique labor at, Artificemque tuo due it fob pollice valium. \ Tecum etenim longos memini confomere foies ; Et tecum primas epulis decerpere nodes. Unum opus , & requiem pariter difponimus am bo, Atque verecundd laxamus feria menfd. Non equidem hoc dubites amborum foedere certo Conf entire dies , c f tib uno fidere dud. Nojlra vel cequali fufpendit temp or a libra, Parca tenax veri , feu nata fidelibus hora Dividit in Geminos concordia fata duorum ; Saturnumque gravem nofiro Jove fregimus und. Nefcio quod , eerie efl quod me tibi temper at aftrum. Juft at the Age when Manhood fetme free, I then depos’d my felf, and left the Reins to thee : On thy wife Bofom I repos’d my Head, And by my better Socrates was bred. Then thy ftraight Rule fet Virtue in my Sight, The crooked Line reforming by the Right. My Reafon took the Bent of thy Command ; Was form’d and polifh’d by thy skilful Hand. Long Summer-days thy Precepts I rehearfe, And Winter-nights were fhort in our Converfe. One was our Labour, one was our Repofe ; One frugal Supper did our Studies clofe. Sure on our Birth fome friendly Pianet fhone, And as our Souls, our Horofcope was one ; £ 3 Whether xx E S S A Y II. Whether the mounting Twins did Heaven adorn, Or with the riling Balance we w r ere born. Both have the fame Impreffion from above, And both have Saturn' s Rage, repell’d by Jove. What Star I know not, but fome Star I rind, Has giv’n thee an Afcendant o’er my Mind. [Mr. Dry den \ Nor was the Reverence paid by the Publick to the Informers of Youth, lefs Remarkable than the Elieem and Duty of their Scholars. Which makes Juvenal break out into that elegant Rapture : DU major urn umbris tenuem & fine ponder e terram , Spirantefqne croc os , & inurnd perpetu urn ver , Qui preeceptorem fundi voluere parentis Ejfe loco (a). In Peace, ye Shades of our great Grandfires, reft; No heavy Earth your facred Bones moleft. Eternal Springs and rifing Flowers adorn The Reliques of each venerable Urn : Who pious Reverence to their Tutors paid, As Parents honour’d, and as Gods obey’d. [Mr. Charles Dry den. At the Age of Seventeen Years, the young Gentlemen, when they put on the manly Gown , were brought in a folemn Man- ner to the Forum , and enter’d in the Study of Pleading : Not only if theydefign’d to make this their chief Profeffion,butaltho’ their Inclinations lay rather to the Camp. For we fcarce meet with any famous Captain who was not a good Speaker; or any eminent Orator, who had not ferv’d lome Time in the Army. Thus it was requifite for all Perfons, who had any Thoughts of riling in the World, to make a good Appearance, both at the Bar, and in the Field; becaufe, if the Succefs of their Valour and Conduct Ihou’d advance them to any confiderable Poft, it wou’d have prov’d almoft impoftible, without the Advantage of Eloquence, to maintain their Authority with the Senate and People: Or, if the Force of their Oratory Ihou’d in time procure («) Sat, 7. them Of the Roman Education. xxi them the honourable Office of Prat or or Conful , they would not have been in a Capacity to undertake the Government of the Provinces, (which fell to their Share at the Expiration of thofe Employments,) without fome Experience in military Com- mand. Yet becaufe the Profeffion of Arms was an Art which wou’d eafily give them an Opportunity of lignalizingthemfelves, and in which they wou’d almoft naturally excell, as Occalionsihould be afterwards offer’d for their Service ; their whole Application and Endeavours were directed at prefent to the Study of Law and Rhetorick, as the Foundations of their future Grandeur. Or, perhaps, they, now and then, made a Campaign, as well for a Diversion from feveral Labours, as for their Improvement in martial Difcipline. In the Dialogue de Orator thus , we have a very good Account of this Admiffion of young Gentlemen to the Forum, and of the Neceffity of fuch a Courfein the Common-wealth ; which coming from fo great a Mailer, cannot fail to be very pertinent and inftrudlive, • c Among our Anceftors, fays the Author, the Youth who was “ defign’d for the Forum, and the Practice of Eloquence, being u now furnifh’d with the Liberal Arts, and the Advantage of a €c Domeftick Inflitution, was brought by his Father, ornearRela- “ tions, to the mod celebrated Orator in the City. Him he us’d s long Reign ferved only for the Eftabliffiment of Priefts and Religious Orders ; and in thofe Three and Forty Years (b), Rome gain’d not fo much as one Foot of Ground. Tullus Hoftilius was wholly employ’d in converting his Subjeds from the pleafing Amufements of Superftition, to the rougher Inftitution of Martial Difcipline : Yet we find nothing memo- rable related of his Conquefts; only that after a long and dubi- ous War, the Romans entirely ruin’d their Old Mother Alba (c). After him, Ancus Marcius, laying alide all Thoughts of extend- ing the Bounds of the Empire, apply’d himfelf wholly to ffrengthen and beautify the City (d) ; and efteem’d the Com- modioufnefs and Magnificence of that, the nobleft Defign he could poffibly be engag’d in. Tarquinius Prifcus , tho’ not al- together fo quiet as his Predeceflor, yet confulted very little elie befides the Dignity of the Senate, and the Majefty of the Government; for the Encreafe of which, he appointed the Ornaments and Badges of the feveral Officers, to diftinguifh them from the Common People (e). A more peaceful Tem- per appeared in Servius I'ullius , whofe principal Study was to have an exad Account of the Eftates of the Romans ; and according to thofe, to divide them into Tribes, (f) that fo they might contribute with Juftice and Proportion to the Publick Expences of the State. Tarquin the Proud, tho’ perhaps more (a) Floras in the Preface to hisHiftory. ( b ) Platarcb in the Life of Nam** (c) Floras, 1. i. cap. 3. (d) Idem , 1. 1 . cap. 4 . (<) Idem, 1. 1 . cap. $. (f) Floras, 1. 1 . cap. <$» engaged 1 Book I. of the Rom a n Empire. y engaged in Wars than any of his PredecefTors (a), yet had in his Nature fuch a itrange Compofition of the inoft extravagant Vices, as muft neceffarily have prov’d fatal to the growing Tyranny. And had not the Death of the unfortunate Lucretia adminiftred to the People an Opportunity of Liberty, yet a far flighter Matter would have ferv’d them for a fpecious Reafon, to endeavour the Affertion of their Rights. However on this Accident, all were fuddenly tranfported with fuch a Mixture of Fury and Companion, that under the Conduct of Brutus and Collatinus , to whom the dying Lady had recommended the Re- venge of her injur’d Honour ( b J, rufhing immediately upon the T yrant, they expell’d him and his whole Family. A new Form of Government was no w refolv’d on ; and becaufe to live under a divided Power, carry’d fomethingof Complacency in the Pro- lpedt (c), they unanimoufly conferr’d the Supreme Command on the two generous Affertors of their Liberties (J). Thus ended the Royal Adminiftration, after it had continu’d about two hundred and fifty Years. Florus , in his Reflexions on this firft Age of Rome , can’t forbear applauding the happy Fate of his Country, that it fliould be blefs’d, in that weak Age, with a Succeflion of Princes fo fortunately different in their Aims andDefigns ; as if Heaven had purpofely adapted them to the feveral Exigencies of the State (e). And the famous Machiavel is of the fame O- pinion (/). But a judicious Author (g) hath lately obferv’d, that this difference of Genius in the Kings, was fo far from pro- curing any Advantage to the Roman People, that their fmallEn- creafe, under that Government, is referable to no other Caufe. However, thus far we are affur’d, that thofe feven Princes left behind them a Dominion of no larger Extent than that of Par- ma , or Mantua , at prefent. (a) See Florus , 1. I. cap. 7. ( [b ) Idem, lib. I. cap. 9. (c) Plutarch Lathe Life of Poplicola. ( d ) Ibid. & Flouts, lib. 1. cap. 9. (*■) Idem , cap. 8. (/) MachiaveP s Difcourfes on Livy , lib. 1 . cap. \z. (g) Monfieui St. Eurcmont’s Reflections on the Genius pf the T^oman people, cap. r. A ? CHAP. 6 The Rife and Progrefi Part I. chap. m. Of the Roman Affairs, from the Beginning of the Con * fular Government , to the firfl Punic War. T HE Tyrant was no fooner expell’d, but, as it ufaily hap- pens, there was great plotting and deligning for his Reftau- ration. Among feveral other young Noblemen, Brutushlstwo Sons had ingag’dthemfelves in the Affociation : But the Confpi- racy being happily difcover’d, and the Traytors brought before theConfuls, in order to their Punifhment,Rr^jonly addreffing himfelf to his Sons, and demanding whether they had any De- fence to make againft the Indidment, upon their Silence, or- der’d them immediately to be Beheaded ; and flaying himfelf to fee the Execution, committed the reft to the Judgment of his Col- league (a). No A&ion among the Old Romans has made a greater Noife than this. ’Twould be exceeding difficult to deter- mine, whether it proceeded from a Motion of Heroick Virtue ; or the Hardnefs of a cruel or unnatural Humour ; or whether Ambition had not as great a Share in it as either. But tho’ the Flame was fo happily ftifled within the City, it foon broke out with greater Fury abroad: For Tarquin was not only receiv’d with all imaginable Kindnefs and Refpe&by the Neighbouring States, but fupplied too with all Neceffaries, in order to the Re- covery of his Dominions. The mo ft powerful Prince in Italy was at that Time Porfenna, King of Hetruria , or Tufcany ; who not content tofurniffi him with the fame Supplies as the reft, ap- proach’d with a numerous Army, in his Behalf, to the very Walls of Rome (b). The City was in great Hazard of being taken, when an Admiration of the Virtue and gallant Difpofition of the Romans , induc’d the Befieger to a Peace (c). The moft remark- able Instances of this extraordinary Courage, were Codes , Mti- tius , and CUlia. Colces , when the Romans were beaten back in an unfortunate Sally, and the Enemy made good their Purfuit to the very Bridge, only with the Affiftance of two Perfons, de- fended it againft their whole Power, ’till his own Party broke it down behind; and then eaft himfelf in his Armour into theRi- ldtmj & F!oms } lib. i* (») Plutarch* ill In. Pfyliceh ( c ) PI#* Book I. of the Roman Empire. 7 ver, and fwam over to the other fide (a). Mutt us having fail’d in an Attempt upon Porfenna's Perfon,and being brought before the King to be examin’d, thruft his Right-hand, which had com- mitted the Miftake, into a Pan of Coals that flood ready for the Sacrifice. Upon which generous A£iion ? he was difmifs’d with- out farther Injury. As for Clelia , fhe,with other noble Virgins, had been deliver’d to the Enemy for Hoftages, on account of a Truce; when obtaining the Liberty to bathe themfelves in Ttber, fhe getting on Horfeback before the reft, encourag’d them to fol- low her thro’ the Water to the Romans ; tho’ the Conful gene- roufly fent them back to the Enemy’s Camp. Porfenna had no fooner drawn off his Army, but the Sabines and Latines join’d In a Confederacy againft Rome ; and tho’ they were extreamly weaken’d by the Defertion of Appius Claudius , who went over with five thoufand Families to the Romans ; yet they could not be intirely fubdu’d, till they receiv’d a total Overthrow from Valerius Poplicola (b). But the JLqui and the Volfci, the meft ob- ftinate of the Latines , and the continual Enemies of Rome , car- ry’d on the Remainder of the War for feveral Years; ’till it was happily concluded by Lucius Quinttius, thefamous Dictator taken " from the Plough, in lefs than fifteen Days time: Upon which, Florus has this Remark, That he made more than ordinary hafteto his unfinijh'd IVork (c). But they that made the greateft Oppo- fition, were the Inhabitants of Veii, the Head of Tufcany, a City not inferior to Rome, either in Store of Arms, or Multitude of Soldiers. They had contended with the Romans , in a long Se- ries of Battels, for Glory and Empire; but having been weaken’d and brought down in feveral Encounters, they were oblig’d to fecure themfelves within their Walls: And after a ten Years Siege, the Town was forc’d and lack’d by Camillas (d). In this manner were the Romans extending their Conqueft, when the Irruption of the Gauls made a ftrange Alteration in the Affairs of Italy. They were at this time befieging Clujium , a Tufian City* The Clufians fent to the Romans , defiring them to interpofe by xAmbaftadors on their Behalf Y^eir Requeft was ealily granted; and three of the Fabii , Perfons of the higheft Rank in the City, difpatch’d for this Purpofe to the Gallick Camp. The Gauls , in refpect to the Name of Rome, receiv’d them with all imaginable Civility ; but could by no means be prevail’d on to quit the Siege. Whereupon the Ambaftadors going into the Town, and encouraging the Clufians to a Sally, one of them was feen per- () ^Axrelittf Vifttr. in vit. Sylla, (/') Veil. Patere. ibid. to 1 4 The Rife and Progrefs Part I. to his Father-in-Law T'igranes King of Armenia . Pompey fol- low’d with his Army; and (truck fuch a Terror into the whole Kingdom, that Tigranes was conftrain’d in an humble manner to prefent himfelf to the General, and offer his Realm and Fortune to his Difpofal. At this Time the Catilinarian Confpiracy broke out, more famous for theObftinacy than the Number of the Re- bels ; but this was immediately extinguiih’d by the timely Care of C icero , and the happy V alour of Antony. The Senate, upon the News of the extraordinary Succefs of Pompey, were under fome Apprehenfion of his affe&ing the Supreme Command at his Re- turn, and altering the Conftitution of the Government. But when they faw him difmifs his vaft Army at Brundufium , and proceed in the reft of his Journey to the City, with no other Company than his ordinary Attendants, they receiv’d him with all the Expreffions of Complacency and Satisfa&ion, and ho- nour’d him with a fplendid Triumph ( k ). (0 T’ell. Paterc. Ho. CHAP. V. Of the R oman Affair from the Beginning of the fir ft Triumvirate, to the End of the twelve CaTars. T HE three Perfons that at this Time bore the greateft Sway in the State, were, Craffus , Pompey , and C % lib. 7 . F) id. ibid. cap. 16, (/) dd.ibid. cap, 17, IS. lou.s 21 Book I. of the Roman Empire. Iqus of copying Nero , or Caligula. However, as to Martial Affairs, he was as happy as molt of his Predeceffors ; having in four Expeditions fubdu’d the Catti , Daci, and the Sarmatians , and extinguifh’d a Civil War in the firft Beginning (a). By this Means he had fo entirely gain’d the Affections of the Soldi- ers, that when we meet with his neareft Relations, and even his very Wife engag’d in his Murder (£), yet we find the Army fo extremely diflatisfy’d, as to have wanted only a Leader to revenge his Death (c). (4) Suet on. in Domit. cap. 6 . (b) Id. ibid. cap. 14. (?) Id. ibid. cap. 23, CHAP. VI. Of the Roman affairs from Domitian to the End of Conlfantine the Great . T HE Two following Emperors have been defervedly ftyl’d, The Reftorers of the Homan Grandeur; which, by reafqn of the Vicioufnefs, or Negligence of the former Princes, had been extremely impair’d. Nerva, tho’ a Perfon of extraordinary Courage and Virtue, yet did not enjoy the Empire long enough to be on any other Account fo memorable, as for fubflituting fo admirable a Sue- ceffor in his Room as Trajan. ’Twas he, that for the Happinefs which attended his Un- dertakings, and for his juft and regular Adminiftration of th$ Government, has been fet in Competition even with Romu- lus himfelf. ’Twas he that advanc’d the Bounds of the Em- pire farther than all His Predeceffors; reducing into Roman Provinces the Five yaft Countries of Dacta , AJjyria, Armenia, Mefopotamia, and Arabia (a).' And yet his Prudent Manage- ment in Peace, has been generally prefer r’d to his Exploits in War. His Juftice, Candour, and Liberality, having gain’d him fuch an univerfal Efteem and Veneration, that he was even Deify’d before his Death. (a) Evtrop, lib, 8. ® 3 Adrian' 1 ! 22 . The Rife and Progrefs Part I. Adrian's Charadter has generally more of the Scholar than the .Soldier; Upon which Account, as much as out of Envy to his i-redeceffor, he flighted Three of the Provinces that had been taken in by Trajan, and was contented to fix the Bounds of the Empire at the River Euphrates {a). But perhaps he is the firft of the Roman Emperors that ever took a Circuit round his Dominions, as we are affur’d he did (b). Antoninus Pius ftudy’d more the Defence of the Empire, than the Enlargement of it. However, his admirable Prudence, and ftridi Reformation of Manners, rendred him perhaps as Ser- viceable to the Common- wealth as the greateft Conquerors . The Two Antonins, Marcus and Lucius , were they that made the firft Divifion of the Empire. They are both famous for a fuccefsful Expedition againlt the Parthians: And the former, who was the longeft Liver, is efpecially remarkable for his ex- traordinary Learning, and ftridi: ProfdTion of Stoicifm ; whence he has obtain’d the Name of the Philofopher. Commodus was as noted for all manner of Extravagancies, as his Father had been for the contrary Virtues, and after a very fhort Enjoyment of the Empire, was murder’d by one of his Miftrefies (c). Pert in ax too was immediately cut off by the Soldiers, who found him a more rigid Exadler of Difcipline, than they had been lately us’d to. And now claiming to themfelves the Privi- lege of chufing an Emperor, they fairly expos’d the Dignity to Sale (d). Didius Julian w;as the higheft Bidder, and was. thereupon invefted with the Honour. But, as he only expos’d himfelf to Ridicule by fuch a mad Projedt, fo he was in an Inftant made away with, in Hopes of another Bargain. Zofimus makes him no better than a fort of an Emperor in a Dream (e). But the Roman Valour and Difcipline were in a great mea- furereftor’d by Severus. Befides a famous Vidtory over the Par- thians , the old Enemies of Rome , he fubdu’d the greateft Part of Perfia and Arabia , and marching into this I Hand, Britain , deliver’d the poor Natives from the miferable Tyranny of the Scots- and Pi As; which an excellent Hiftorian (f) calls the greateft Honour of his Reign. Antoninus Cara call a had as much of a martial Spirit in him as his Father, but dy’d before he could defign any thing memora- (). His two Sons, Carinus and Numerian, were offo oppofitea Genius , that one is generally reprelented as the worlt, the other a£ the belt of Men. Numerian was foon treacherou fly murder’d by Aper : Who, together with the other Emperor Carinus , in a very little time, gave Way to the happy Fortune of Diocletian, the molt fuccefsful of the latter Emperors ; fo famous for his prodigious Exploits m Egypt, Perjia, and Armenia, that a Roman Author (c) has not ftuck to compare him with Jupiter , as he (Joes his Son Maximinian with Hercules . Conjlantinus Chlorus, and Galerius , were happier than molt of their PredecelTors, by dying, as they had for the molt Part liv’d, in Peace. Nor are Sever us and Maximinian on any Account very re- markable, except for ieaving fo admirable a Succeflor, as the famous C 0 NS 7* A NTINE; who ridding himfelf of his two fcompetitors, Licinius and Maxentius , advanc’d the Empire to its ancient Grandeur His happy Wars, and wife Adminiftra- tion in Peace, have gain’d him the Sirnameof The GREAT, an Honour unknown to former Emperors : Yet in this Refpedt he is jultly reputed unfortunate, that by removing the Imperial Seat from Rome to Conftantinople, he gave Occalion to the utter Ruin of Italy. (a) Flavins Vopifc. in Probo, (Jb) Idem , in Cam (e) Pomptniifs Latus jjj vita e j us* CHAP. z 6 The Rife and Progrefs Part 1. CHAP. VII. Of the Roman Affairs fr am Conftantin zthe Great to the taking of Rome by Odoacer, and the Ruin of the W fern Empire. T HO’ the Three Sons of Conjlantine at firft divided the Em- pire into Three didindl: Principalities; yet it was afterwards reunited under the longed Survivor, Conjlantius. The Wars be- tween him and Magnentius , as they prov’d fatal to the Tyrant* fo were they extremely prejudicial to the whole State; which at this Timewas involv’d in fuch unhappy Difficulties, astobevery unable to bear fo exceffivea Lofs of Men, no lefs than 5*4000 being kill’d on both Sides (a). And perhaps, this was thechief Reafon of the ill Succefs, which conftantly attended that Empe- ror in the Eaftern Wars: For the Perfians were all along his Superiors ; and when at lad a Peace was concluded, the Ad- vantage of the Conditions lay on their Side. ' Julian , as he took effectual Care for the Security of the other Bounds of the Empire; fo his Defigns againd the mod formidable Enemies, the Perfians , had all Appearance of Suc- cefs; but that he loft his Life before they could be fully put in Execution. Jovian was no fooner eledted Emperor, but being under fome Apprehenfion of a Rival in the Weft, he immediately ftruck up a mod diflionourable Peace with the Perfians , at the Price of the famous City Nifibis , and all Mefopotamia. For which bafe Adtion, as he does not fail of an Invedtive from every Hiftorian; So particularly Ammianus Marcellinus (b) and Zofimm have taken the Pains to fhew, that he was thefirft^o- man Governor who refign’d up the lead Part of their Domini- ons upon any Account. Valentinian the Firft, has generally the Character of an excel- lent Prince: But he feems to have been more ftudious of oblig- ing his Subjeds, by an eafy and quiet Government, than deii- rous of adfcing any thing againd the encroaching Enemies. {a) Pompon, Latm% (f) Ub. 25, Gratia^ Book I. c/ARoman Empire. 27 Grattan too, tho’ a Prince of great Courage and Experience in War, was able to do no more than to fettle the Angle Pro- vince of Gaul : But he is extreamly applauded by Hiftorians for taking fuch extraordinary Care in the Bufinefs of a Succef* for : For being very fenfible how every Day produc’d worfeEf- fe£ Is in the Empire; and that the State, if not at the laft Galp, yet was very nigh beyond all Hopes of Recovery ; he made it his whole Study to find out a Perfon that fnould,in all RefpeCts, be capacitated for the noble Work of the Deliverance of his Country. The Man he pitch’d upon was Theodofius , a Native of Spain ; who, being now invefted with the Command of the Eaft, upon the Death of Gratian , remain’d foie Emperor. And, indeed, in a great meafure, he anfwer’d the Expedition of the World, proving the mold refolute Defender of the Em- pire in its declining Age. But for his Colleague JAalentinian the Second, he was cut off, without having done any thing that deferves our Notice. Under Honorius , Things return’d to their former delperate State, the barbarous Nations getting Ground on all Sides, and making every Day fome Diminution in the Empire; till at laft, Alaric , King of the Goths , wafting all Italy , proceeded to Rome itfelf ; and being contented to fet a few Buildings on Fire, and rifle the Treafuries, retir’d with his Army (a): So that this is rather a Difgrace, than a Deftru&ion of the City. And Nero is fuppos’d to have done more Mifchief when he fet it on Fire in Jeft, than it now fuffer’d from the Barbarous Con- queror. Valentinian the Third, at his Acceflion to the Empire, gave great Hopes of his proving the Author of a happy Revolution (b) ; and he was very fortunate in the War again ft the famous Attila the Hun : But his Imprudence in putting to death his beft Commander ALtius , haften’d very much the Ruin of the Roman Caufe, the barbarous Nations now carrying all before them, without any confiderable Opposition. By this time the State was given over as defperate; and what Princes follow’d ’till the taking of the City by Odoacer, were only a Company of miferable, Ihort-liv’d Tyrants, remarkable for nothing but the Meannefs of their Extraction, and the Poornefs of their Government ; fo that Hiftorians generally pafs them over in Silence, or at moft with the bare mention of their Names. (p) Paul „ Diacen . & Pompon. Lat. (b) Pompon. L) Martial Epiw) Ibid. Martian . lib, t, cap. I. (oj Fejins. (p) Watcm's Hift. of Italy, Book II. G To 34 Of the C i t Y. Part II. To the Eaft it has the Campus Vatic anus, and the River; to the South the yaniculum ; to the Weft the Campus Figulinus or Potters Field; to the North the Prata Quintia Q a ). It lies in the Shape of a Bow drawn up very high ; the con- vex Part ftretching almoft a Mile ( [h ). As to the Extent of the whole City, the greateft we meet with inHiftory, was in the Reign of Valerian, who enlarg’d the Walls to fuch a Degree as to furroundthe Space of Fifty Miles (r). The Number of Inhabitants in its flourilhing State, Ltpfius computes at Four Millions ( d ). At prefent the Compafs of the City is not above Thirteen- Miles ( e ). (a) Falricii T{oma, cap. ?. (b) Martian lib i. cap. t. (c) Vopifc* in %Aure^ liano. (d) De Magnitud. %om. ( REGION VII. VIA LA* A. Streets 40. Mills 17. Temples 4. Barns if. Private Baths 7f. Great Houfes 120, Arches 3. The Compafs 23700 Feet. REGION VIII. FORUM ROMANUM. Streets 12. Temples 21. Private Baths 66. Hides 10. Portico’s 9. Arches 4. Fora 7. Curies 4. Bajilic# 7 . Columns 6. Barns 18. Mills 30. Great Houfes ifo. The Compafs 14867 Feet REGION IX. CIRCUS FLAMINIU8* Streets 20, 7 emples 8. Hides 20, Portico’s 12, Circi 2. Theatres 4. Bajilicce 3 . Cur tee 2 . Therm# f. Arches 2. Columns 1. Mills 32. Barns 32. Great Houfes 189, The Compafs 30 $60 Feet, REGION X. PALATIUM, Streets 7. Private Baths if. Temples 10. Mills 12. Hides 9, Barns 16. Theatre i. Great Houfes top. Curt# 4. The Compafs 11600 Feet. RE- Book I. Of the Cm. 37 REGION XI. CIRCUS MAXIMUS. Streets 8. Barns 1 6. JEdes 2i. Mills 12. Private Baths 1$% Great Houfes 189. The Compafs 11600 Feet. REGION XII. PISCINA PUBLICA . Streets 12. Barns 28. JEdes 2. Mills 25*. Private Baths 68. Great Houfes 128. The Compafs 12000 Feet. REGION XIII. AFEN'flNUS. Streets 17, Barns 36. Luci 6. Mills 30. Temples 6. Great Houfes 1 fj. Private Baths 74. The Compafs 16300 Feet. REGION XIV. TRANSriBERINA. Streets 23. Barns 20. JEdes 6 . Mills 32. Private Baths 136. Great Houfes iyo, The Compafs 33409 Feet. As to the Gates, Romulus built only Three, or (as fome will have itj Four at mod. But as Buildings were inlarg’d, the Gates were accordingly multiply’d ; fo that Pliny tells us, there were thirty-four in his time. The mod remarkable were Porta Flumentana , fo call’d, becaufe it flood near the River. Porta Flaminia , owing its Name to the Flaminian Way, which begins there. Porta Garmentalis , built by Romulus , and fo call’d from Car - menta the Prophetefs, Mother of Evander. Porta Navia , which Parro derives d rtemoribus^ from the Woods which formerly flood near it. G 3 Peru 3 § Of the C it y. Part II, Porta Soli ana, deriving its Name from the Salt which the Sabines us’d to bring in at that Gate from the Sea* to fupply the City. Porta Capena , call’d fo from Capua, an old City of Italy , to which the way lay through this Gate. It is fometimes call’d Appia , from Appius the Cenlor; and Triumph alts , from the Triumphs in which the Proceffion commonly pafs’d under here; and Fontinalis, from the Aquaduds which were rais’d over it: Whence Juvenal calls it, Madida Capena , and Martial, Capena , grandi Porta qua pluit gutta. The Tiber was pafs’d over by Eight Bridges ; the Names of which are thus fet down by Marlian ; Milvius , Mims, Vatic anus, Janiculenfis , Cejlius , Fabricius , Palatinus and Sublicius. CHAP. Ill, Of the Places of Worfoip \ particularly of the Temples and Luc i. B EFORE we proceed to take a View of the moft remark- able Places fet a-part for the Celebration of Divine-Ser- vice, it may be proper to make a fhort Obfervation about the general Names, under which we meet with them in Authors. Templum (thew) was a Place which had not been only dedi- cated to fome Deity, but withal formerly confecrated by the Augurs. Mdes Sacra , were fuch as wanted that Confecration ; which if they afterwards receiv’d, they chang’d their Names to Tem- ples. Vid. Agell L. XIV. C. 7. : Delubrum , according to Servius, was a Place that under one Roof comprehended feveral Deities. Mdicula is only a Diminutive, and fgnifies no more than a little Mdes. Sacellum may be deriv’d the fame way from Mdes Sacra , Fe- fius tells us, ’tis a Place facredto the Gods without a Roof. ’Twere endiefs to reckon up but the bare Names of all the Temples we meet with in Authors. The moll celebrated on all Accounts were the Capitol and the Pantheon . • Th§ Book I. Of the City. 3$ The Capitol , or T emple of Jupiter Capitolinus , was the Effedk of a Vow made by Farquinius Prifcus in the Sabine War (a). But he had fcarce laid the Foundations before his Death. His Nephew, Id ar quin the Proud, , finifh’d it with the Spoils taken from the neighbouring Nations (b). But upon the Expulfion cf the Kings, the Confecration was perform’d by Horatius the Con- ful (c). The Stru&ure flood on a high Ridge, taking in Four Acres of Ground. The Front was adorn’d with Three Rows of Pillars, the other Sides with Two (d). The Afcent from the Ground was by an Hundred Steps (e). The prodigious Gifts and Ornaments, with which it was at feveral times endow’d, almofl exceed Belief. Suetonius (f) tells us, that AuguJlusgzvG at one time two Thoufand Pound Weight of Gold: And in Jewels and precious Stones, to the Value of Five Hundred Sederces. Livy and Pliny (g) furprize us with Accounts of the brazen Threfholds, the Noble Pillars that Sylla remov’d hither from Athens out of the Temple of Jupiter Olympius\ the gilded Roof, the gilded Shields, and thofe of folia Silver ; the huge VefTels of Silver, holding three Meafures; the Golden Cha- riot, ThisTemple wasfird confum’d by Fire in the Marian War, and then rebuilt by Sylla ; who dying before the Dedica- tion, left that Honour to Quintus Catulus. This too was demo- lilhed in the Vitellian Sedition. Vefpafian undertook a third, which was burnt down about the time of his Death. D omit i an rais’d the lad and mod Glorious of all ; in which the very Gild- ing amounted to twelve thoufand Talents (h). On which Ac- count Plutarch ( i ) has obferv’d of that Emperor, that he was, like Midas , defirous of turning every thing into Gold. There are very little Remains of it at prefent ; yet enough to make a Chriftian Church ( k ). The Pantheon was built by Marcus Agrippa , Son-in-Lawto Augujlus Ccefar ; and dedicated either to Jupiter Ultro , or to Mars and Venus , or more probably, to all the Gods in general, as the very Name (quafi T Sv vd/luv GeioyJ implies. The Stru- 6lure. according to Fabricius (/), is an Hundred and Forty Foot High and about the fame Breadth. But a latter Author has en~ creas’d the Number of Feet to an Hundred and Fifty eight. The Roof is curioufly Vaulted, void Places being left here and there for the greater Strength. The Rafters were Pieces of Brafs of ( fian : Tho’, perhaps, the chief Rites were celebrated upon the in- tire railing of the Structure, this being probably intended only for the hallowingthe Floor. Undecimo Kalendas Julias ( g ), &c. 4 fjpon the 2 1 ft of June , being a very clear Day, the whole 4 Plot of Ground defign’dfor the Temple, was bound about with 4 Fillets and Garlands. Such of the Soldiers as had lucky Names, 4 entred firtt with Boughs in their Hands, taken from thofe Trees, 4 which the Gods more efpecially delighted in. Next came the 6 Veflal Virgins, with Boys and Girls whofe Fathers and Mo- 4 thers were living, and fprinkled the Place with Brook-Water, 4 River-- Water, and Spring- Water. Then Helvidius Prifcus the 4 Prcetor , (Plautus Elian , one of the chief Prietts, going before 4 him) after he had perform’d the folemn Sacrifice of a Swine, 4 a Sheep, and a Bullock, for the Purgation of the Floor, and 4 laid the Intrails upon a green Turf; humbly befought Jupiter , 4 Juno,Minerva , and the other Deities Prote&orsof the Empire, 4 that they would be pleas’d to prolper their prefent Undertaking, 4 and accomplifh, by their Divine Afliftance, what human Piety 1 had thus begun. Having concluded his Prayer, he put his Hand * to the Fillets, to which the Ropes, with a great Stone fattened m 4 them, had been tied for this Occafion; when immediately the (a) Marliari. Topograph. Horn, Jib. 6. cap. 6. (b) Ibid,. No Flowers about the fcented Seats were thrown. S But Sylvan Bowers and fhady Palaces, Brought by themfelves, fecur’d them from the Rays. Thus guarded and refrefh’d with humble Green, Wondring they gaz’d upon the Artlefs Scene : Their Seats of homely T urf the Crowd would rear, And cover with green Boughs their more diforder’d Hair. Juvenal intimates, that this good old Cudom remain’d dill uncorrupted in feveral Parts of Italy , ipfa dierum Fe/lorum herbofo colitur fi quando Theatro Majeftas , tandemque redit ad pulpit a notum Exodium, cum perfona pal lent is mat urn In gremio matris formidat ruflicus infans ; JEquales habitus illic, fimilemque videbis Orcheftram & populum (b). On Theatres of Turf in homely State, Old Plays they adt, old Feads they celebrate; The fame rude Song returns upon the Crowd, And by Tradition is for Wit allow’d. The Mimick yearly gives the fame Delights, And in the Mother’s Arms the clownifli Infant frights. Their Habits (undidinguiflfd by Degree) y Are plain, alike ; the fame Simplicity C Both on the Stage, and in the Pit you fee. > Mr. Dry den. {*) Ovid, it *4ne Ormphrw bPamsirUo . T*i/ra//rt/77 OMuftm/ i ___ ■ Maemaej-ua e id es-t De^cri.ptto fury 4 & ■ Book I. Of the City. 47 The Xifli were Places built after the Fafliion of the Portico’s for the Wreftlers to exercife in ( a ). The Campus Martins , famous on fo many Accounts, was a large plain Field, lying near the Tiber , whence we find it fome- times under the Name of Tiberinus . It was call’d Martins , be- caufeit had been confecratedby theold Romans to the God Mars* Befides the plealant Situation, and other natural Ornaments, the continual Sports and Exercifes perform’d here, made it one of the mod diverting Sights near the City. For, Here the young Noblemen pradh’s’d all manner of Feats of Activity; learn’d the Ufe of all Sorts of Arms and Weapons, Here the Races, either with Chariots or fingle Horfes, were undertaken. Befides this, ’twas nobly adorn’d with the Statues of famous Men, and with Arches, Columns and Portico’s, and other magnificent Strudlures. Here flood the Villa Pnblica , or Palace for the Reception and Entertainment of Ambafladors from Foreign States, who were not allow’d to enter the City. Seve- ral of the Pubiick Comitia were held in this Field; and for that Purpofe were the Septa , or Ovilia, but an Apartment enclos’d with Rails, where the Tribes or Centuries went in one by one to give their Votes. Cicero 1 in one of his Epiftles to Atticus , in- timates a noble Defign he had to make the Septa of Marble, and to cover them with a high Roof, with the Addition of a flately Portico or Piazza, all round. But we hear no more of this Pro- jedl, and therefore may reafonably fuppofe, he was difappointed by the Civil Wars which broke out prefently after. ( 4 ) Fabric. \om. cap, 12. CHAP. V. Of the Curia:, Senacula, Bafilicse, Fora, and Comitium. THE Roman Curia , (it fignifies a Pubiick Edifice) was of two forts, Divine and Civil : In the former, the Priefts and Religious Orders met for the Regulation of the Rites and Cere- monies belonging to theWorlhipof the Gods: In the other, the Senate us’dtoaflemble,toconfult about the Pubiick Concerns of the Common-wealth, {a) The Senate could not meet in fuch a (4) yAlex t ab kAIm. i, cap, Curia, 4$ Of the City. Part If. Curia , unlefs It had been folemnly confecrated by the Augurs (a) and made of the fame Nature as a Temple. Sometimes fat lea ft) the Curiae were no diftindfc Building, but only a Room or Hall in fome Pubiick Place; as particularly Livy (b) and Pliny (c) fpeak of a Curia in the Comitium , tho’ that itfeif were no en- tire Stru&ure. The mod celebrated Curice were, Curia Hojlilia , built by Tullus Hoflilius , as Livy (d) informs us : And, Curia Pompeii, where the Senate afifembled for the effedting the Death of Julius Ccefar (e). Senaculum is fometimes the fame as Curia(f) : To be fureit could be no other than a Meeting-place for the Senate, the fame as the Grceeians call’d y?ptfcrta . Sext. Pomp . Fejlus (g) tells us of three Senacula ; two within the City-Walls for ordinary Con- fultations ; and one without the Limits of the City, where the Senate alfembled to give Audience to thofe Ambafladors of Fo- reign States, whom they were unwilling to honour with an Admilfion into the City. Lampridius (Jo) informs us, that the Emperor Heliogabalm built a Senaculum purpofely for the ufe of the Women, where, up- on high Days, a Council of grave Matrons were to keep Court. The Bafilicce were very fpacious and beautiful Edifices, de- ign'd chiefly for the Centumviri , or the Judges to fit in and hear Caufes, and for the Counfellors to receive Clients. The Bankers too had one Part of it allotted for their Refidence (7). Vojfius (k) has obferv’d, that thefe Bafilicce were exa&Iy in the Shape of our Churches, oblong almoft like a Ship; which was the reafon that upon the Ruin of many of them, Chriftian Churches were feveral times rais’d on the old Foundations. And very often a whole BafiUca converted to fuch a pious Ufe. And hence, perhaps, all our great Domo’s or Cathedrals, are fliil call’d Bafilicce . The Roman Forums were pubiick Buildings, about three times as long as they were broad. All the Compafs of the Forum was furrounded with arch’d Portico's, only fome Paffages being left for Places of Entrance. They generally contriv’d to have the mod (lately Edifices all round them, as Temples , Theatres, Bafilicce, &c (/). (a) *A. Gell. I. 14. c. 7. ( b ) Lib. t. (e) Lib--- (d) Lib. I, (e) Sutton, in Jut. C*f. C. to. (/) Martian. Topog. Ant. T \om. lib. 3. cap. 27. (jf) In voce 'Stnaculv.m. (h) Invit. Heliogab, (;) T^oftn, Ant. 1 , p. C. 7. (k) In voce Bafilica. (/) Lff, de Mag. Xom. 7 They j3ook I. Of the C it y. 49 They were of two Sorts ; Fora Civilian and Fora Venalia : The Hrft weredefign’d for the Ornament of the City, and for the Ufe of publick Courts of Juftice; the others were intended for no other end but the Neceffities and Conveniences of the Inhabitants’, and were no doubt equivalent to our Markets. I believe Lipfius in the Defcription that has been given above, means only thefor* mer. Of thefe there were Five very confiderablein Rome : Forum Romanum, built by Romulus, and adorn’d with Portico’s on all Sides by Tarquinius Prifcus. It was call’d Forum Romamtm f or limply Forum , by way of Eminence, on Account of its Anti* quity, and of the moll: frequent Ufe of it in publick Affairs Mar- tial (a) and Statius (b) for the fame reafon give it the Name of Forum Latium ; Ovid the fame ( c j, and of Forum Magnum ( d ) ; and Herodian (e) calls it t } F *p y^ctictv dyo^f.v ; Forum vetus. Statius the Poet (/) has given an accurate Defcription of the Forum , in his Poem upon the Statue of Domitian on Horfe back, fet up here by that Emperor. Forum Julium , built by Julius Ccefar , with the Spoils taken in OcvzGallick War. The very Area , Suetonius (gj tells us, coft ioopoo Sefterces; and Dio (b) affirms it to have much exceed- ed the Forum Romanum. Forum Augufii , built by Auguftus Ccefar * and reckon’d by Pliny among the Wonders of the City. The mod remarkable Curio- lity was the Statues in the two Portico's on each Side of the main Building. In one, were all the Latin Kings, beginning with JFneas\ in the other, all the Kings of Rome , beginning with/fo- mulus , and moftof the eminent Perfons in the Common- wealth, and Augujlus himfelf among the reft ; with an Infcription upon the Pedellal of every Statue, expreffing the chief A&ions and Exploits of the Perfon it reprefented (/). This Forum, as S parti an (k) informs us, was reftor’d by the Emperor Hadrian. Forum Nervce , begun by Domitian , as Suetonius (7) relates; but finifh’d and nam’d by the Emperor Nerva. In this Forum 9 Alexander Severus fet up the Statues of all the Emperors that had been canoniz’d ( m ), in imitation of the Contrivance of Augujlus, mention’d but now. This Forum was call’d ■ Tranfitorium , becaufe it lay very convenient for* faffage (a) Epig. lib. 2. (b) Syfoar, lib. 1. cap. I. (c) Fa.fi. 4. ( d ) Fa.fi. 3. (f) la vit. M. Antonin. (/) Syl. lib. 1. cap, r. (g) In Jut. Caf.czp. 16. (b) Dio, lib. 4?. (;) Lipf. dc Maguitud. %om. (kj In vit. Hadrian, (i) In-Da/zwt.Cap, 5. i m ) bfartian ia Stvtro, £> to 5 o Of the City. Part II. to the other three ; and Palladium, from the Statue of Minerva -> the tutelar Deity of Auguftus (a) ; upon which Account, per- haps, Fabricius (b) attributes the Name of Palladium to the Forum of that Emperor. There’s fcarce any thing remaining of this Forum , except an old decay’d Arch, which the People by a ftrange Corruption, mfleadof Nerva's Arch, call Noah ' s Ark (c). But the molt celebrated for the admirable Stru&ure and Con- trivance, was the Forum Trajani , built by the Emperor ftrajan, with the foreign Spoils he had taken in the Wars. The Cover- ing of this Edifice was all Brafs, the Portico's exceedingly beau- tiful and magnificent, with Pillars of more than ordinary Height, and Chapiters of exceffive Bignefs ( d ). Ammianus Marcellinus , in the Defcription of Confiantius his triumphal Entrance into Rome , when he has brought him, with no ordinary Admiration, by the Baths, th e Pantheon, xhtCapitol, and other noble Structures, as foon as ever he gives him a Sight of this Forum of Jrajan , he puts him into an Ecflafie, and can’t forbear making an Harangue upon the Matter () Kota ad locum, (c) Epijh $ 5 . { d ) Lib. 33 . cap. *2, Book I. Of the C i t y.' yj* See where with noble Pride the doubtful Stream Stands fix’d in wonder on the fluffing Brim ; Surveys its Riches, and admires its State ; Loth to be ravifh’d from the glorious Seat. The mod remarkable Bagnio’s were thofe of the Emperors Diocletian and Antoninus Caracalla; great part of which are {landing at this time, and with the vaft high Arches, the beau- tiful and {lately Pillars, the extraordinary Plenty of foreign Marble, the curious vaulting of the Roofs, the prodigious Number of fpacious Apartments, and a thoufand other Orna- ments and Conveniences, are as pleafing a Sight to a Travel- ler as any other Antiquities in Rome. To thefe may be added the Nymph cea\ a kind of Grottos fa- credto the Nymphs, from whole Statues, which adorn’d them, or from the Waters and Fountains which they afforded, their Name is evidently deriv’d. A fhort Eflay of the famous Lucas Holfienius on the old Pidlure'of a Nymphceum dug up at the Foundation of the Palace of the Barberini , is to be met with in the Fourth Tome of Grcevius's Thefaurus , p. 1800. The Aquceduds were, without queflion, fome of the nobleft Defigns of the old Romans. Sextus Julius Frontinus , a Roman Author, and a Perfon of Confular Dignity, who has compil’d a whole Treatife on this Subjedl, affirms them to the cleared; Token of the Grandeur of the Empire. The firft Invention of them is attributed to Appius Claudius , A.U.C. 441. who brought Water into the Gity by a Channel of eleven Miles in Length. But this was very inconfiderable to thofe that were afterwards carried on by the Emperors and other Perfons ; feveral of which were cut thro’ the Mountains, and all other Impedi- ments for above forty Miles together; and of fuch an Height, that a Man on Horfeback, as Procopius informs us, might ride thro’ them without the lead Difficulty (a). But this is meant only of theconflant Courfeof the Channel; for the Vaults and Arches were in fome Places 109 Foot high (b). Procopius (c) makes th z Aquceduds but fourteen: Vidor (d) has enlarg’d the Number to twenty : In the Names of them the Waters only were mention’d ; as Aqua Claudia, Aqua Appia, &c. The noble Poet Rutilius thus touches on the Aquceduds , in his ingenious Itinerary : (a) Procopius de bell. Goth lib. I. £ext, Jul. Frontin. (t) De hello Goth. lib. 1 . ( d ) Defiprip. Vrb. Tig /'m, V jf & w • Part II. Of the City. Quid lopiar aerio pen dentes for nice rivos , Qua vix imbriferas tolleret Iris aquas ? Hos potius die as creviffe in fydera monte /, Tale Giganteum Grsecia laudat opus (a). What fhould I ling how lofty Waters flow From airy Vaults, and leave the Rain below, C While conquer’d Iris yields with her unequal Bow? Bold Typhon here had fpar’d his Strength and Skill, And reach’d Jove's Walls from any Angle Hilh But that which Pliny calls Opus omnium maximum , were the Cloacae , or common Gutters for the Conveyance of Dirt and Filth. And becaufe no Authority can be better than his, we may venture to borrow the whole Account of them from the lame Place, C cloacae , opus omnium maximum , &c. 4 The Colacce , the greatelt of all the Works, he contriv’d by c undermining and cutting thro’ the feven Hills upon which £ Rome is feated, making the City hang, as it were, between c Heaven and Earth, rnd capable of being fail’d under : M. c dgrippa r in his Edilelhip, made no lefs than; feven Streams c meet together under Ground in one main Channel, with fuch 4 a rapid Current, as to carry all before them that they met * with in their Paffage. Sometimes, when they are violently * fwell’d with immoderate Rains, they beat with exceffive Fury 4 again!! the Paving at the Bottom, and on the Sides. Some- 4 times in a Flood, the Tiber Waters oppofe them in their 4 Courfe; and then the two Streams encounter with all the 4 Fury imaginable ; and yet the Works preferve their old s Strength, without any fenfible Damage. Sometimes huge 4 Pieces of Stone and Timber, or fuch like Materials, are car- e ried down the Channel, and yet the Fabrick receives no De* *' triment. Sometimes the Ruins of whole Buildings deftroy’d e by Fire or other Cafualties, prefs heavily upon the Frame. c Sometimes terrible Earthquakes fhake the very Foundations, 4 and yet they ftill continue impregnable almoft Boo Years flnee they were firft laid by Tarquinius (b). Very little inferior to the Works already mention’d, were the Publick Ways, built with extraordinary Charge, to a great Diftance from the City on all Sides. They were generally pav’d with Flint,, tho’ fometimes, and efpecially without the City 3 ( \ ) %fit it. itinerar .lib, i. (b) PI in. lib. 36, cap, 15, with Book I. Of the City. 59 with Pebbles and Gravel. The mod noble, in all Refpe£ls, was the Via Appia, taking its Name from the Author Appius , the fame that invented the Cloacce. This was carried to fuch avail Length, that Procopius (a) reckons it a very good live Days Jour- ney to reach the End : And Lipfius (b) computes it at 35-0 Miles. An Account of as much of this Way as lies between Rome and Naples , the Right Reverend the prefent Lord Bifhop of Sarum has oblig’d us with in his Letters (c): He tells us, ’tis twelve Foot broad; all made of huge Stones, molt of them Blue; and they are generally a Foot and a half large on all Sides. And prefently after, admiring the extraordinary Strength of the Work, he fays, that tho’ it has lalted above 1800 Years, yet, in molt Places, ’ds for feveral Miles (d) together as intire as when it was firlt made. And as to the Via Flaminia , the next Caufey of Note, the fame Author obferves, that tho’ it be not indeed fo intire as the former, yet there is enough left to raife a juft Idea of the Roman Greatnefs. I mull delire leave to conclude this Subjedl with the ingeni- ous Epigram of Janus Vitalis , an Italian Poet. Quid Romam in media quarts novus advena Roma, Et Romas in Roma nil reperis me die ? Aufpice murorum moles , praruptaque faxa , , Obrutaque horrenti vafta Theatra Jitu : Hcec funt Roma : Viden ’ velut ipfa cadaver a tanta Urhis adhuc fpirent imperiofa minas ? Vicit ut hcec mundum , ntfa eft fe vincere : vicit y A fe non vidum ne quid in orbe foret. Hinc vida in Roma vidrix Roma ilia fepulta eft , Atque eadem vidrix vidaque Roma fuit . Albula Romani reft at nunc nominis index , Qui quoque nunc rapidis fertur in aquor aquis. Difce hinc quid pojftt fortuna ; immota labafcunt , Et qua perpetuo funt agitata , manent. To feek for Rome , vain Stranger, art thou come, And find’ll no Mark, within Rome\ Walls, of Rome ? See here the craggy Walls, the Tow’rs defac’d, And Piles that frighten more than once they pleas’d : See the vail Theatres, a lhapelefs Load, And Sights more Tragick than they ever Ihow’d : ( Herfelf fhe laft fubdu’d, to make the Work compleat. S But ah ! fo dear the fatal Triumph coft, That conqu’ring Home is in the conquer’d loft. Yet rolling Tiber ftill maintains his Stream, S well’d with the Glories of the Roman Name. Strange Power of Fate! unfhaken Moles muft wafte; While Things that ever move, for ever laft. PART P A R T II. B O O K II. Of the Religion of the Romans. CHAP. I. Of the Religion and Morality of the Romans in General . H AT Religion is abfolutely neceflary for the Eftablifhing of Civil Government, is a Truth fo far from being deny’d by any fort of Perfons, that we meet with too many who are unwilling to al- low any other Defign in facred Inftitutions. As to the Romans , it has been univerfally agreed, That Virtue and Fortune were engag’d in a fort of noble Conten- tion for the Advancement of the Grandeur andHappinefs of that People. And a Judge not fufpeded of Partiality in that Cafe, has concluded the latter to be only a Confequence of the former. For Religion , fays he (a) y produc'd good Laws , good Laws good Fortune , and good Fortune a good End in whatever they undertook- Nor perhaps, has he drain’d the Panegyrick much too high, when he tells us, That for feveral Ages together , never was the Fear of God more eminently confpicuous than in that Repub - lick (b). ’Twas this Confederation which made the great St. Aujlin obferve (c j, That God would not give Heaven to the Romans , becaufe they were Heathens ; but he gave them the Empire of the World becaufe they were Virtuous. And in- (a) Mtchiavel's Dilcourfe on Liv} t lib. I. Cap. 1 1. Q>) I kid* (*.<%■ a Wolf, in Latin Lupus ; becaufe thechief Employment of Pan was the driving away fuch Beads from the Sheep that he Lupercalla. protected. The Lupercalia , as Plutarch obferves, appears to have been a Fead of Purification , being folemniz’d on the Dies Nefajli, or Non-Court-Days of the Month February , which derives its Name from febrm to purify ; And Book IL the Romans. 65 And the very Day of the Celebration was anciently call’d Februaca (a). The Ceremony was very lingular and flrange. In the firft Place, there was a Sacrifice kill’d of Goats and a Dog. Then two Children, Noblemens Sons, being brought thi- ther, fomeof the L^r^ftain’d their Fore-heads with the bioody Knife, while others wip’d it off with Locks of Wool dipp’d in Milk; the Boys mult always laugh after their Fore-heads have been wip’d : This done, having cut the Goat-skins into Thongs, they run about the Streets all naked but their Middle, and lafh all that they meet in their Proceffion. The young Women never take any Care to avoid the Stroaks, but rather offer themfelves of their own accord, fancying them to be great helpers of Concep- tion and Delivery (b). They run naked, becaule Pan is always painted fo. They facrificed a Goat, becaufe the fame Deity was fuppos’dto have Goats Feet ; which gave Occalion to his common Epithet of Capripes. As for the Dog we meet with in the Sacri- fice, ’twas added as a neceffary Companion of a Shepherd, and becaufe of the natural Antipathy between them and Wolves. Some have fancy’d with Plutarch, that thef cLupercalia were in- ftituted in Honour of the Wolf that preferv’d Romulus and Remus . Others carry their Original much higher, and tell us, that they were brought into Italy by Evander, before the time of JEneas. There were two Companies of the Luperci , the Fabiani and Qumdihani ; one for Romulus , the other for Remus : They took their Names from Fabius and Quwttilius , two of their Matters or Chief Priefis ( c ). Dion Cajfius tells us, that a third fort of Prielts, deiign’d. for the Celebration of the Lupercalia , were in- flituted by tne Senate to the Honour of Julius Ccefar (d). Suetomus(e Jreckons th ^Lupercalia among the ancient Rites and Ceremonies reftor’d by Auguflus :AndOnuph.P anvimus aiiures us they continu’d in Rome till the time of the Emperor Anaftafius. 2. Potitii and Pinarii.~\ The Potitii and Pinarii were of equal Antiquity with the former. They owe their Inftitution to the fame Author, upon the following Account : After the killing of Cacus , a Giant that had dole fome of Hercules's Cattle, the Booty that he brought through Italy y from Spain ; the Shepherds and ignorant People of the Country, gathering in great Flocks about the Stranger, at laft brought him before Evander. The King, after Examination, finding him to (a) Pltttarch. mT^omul. (b) Ibid . (c) Sext, Pomp, FeJltUj & Ovid, F*fl. (d) Ibid, 44, (f) In lAugujt. cap. 31. E &s 66 Of the Religion of Part II. bein all Refpe&s the fame Perfon that his Mother the Prophetefs Carmenta had told him fhould come into Italy , and be afterwards a Go d, immediately eredted an Altar to his Honour, and offer’d for a Sacrifice a young Bullock that never bore the Yoke; ordain- ing, that the fame Ceremony fhould be repeated in a folemn Manner every Year. The Performance of thefe Rites he com- mitted to the Care of the Potitii and Pmarii , two of the No- bleft Families, and of belt Repute in thofe Parts. There goes a Story, that the Pinarti happening to come too late to the Sa- crifice, fo as to lofe their fhare in the Entrails, they were, by way of Punifhment, debarr’d from ever tailing them for the Future : And hence fome derive their Name from Hunger. But this I take to be but a trifling Fancy; for we may as well derive Potitii from potiri , becaufe they enjoy’d the Entrails, as Ptnarii from becaufe they wanted them. We meet with fomething very remarkable of the Potitii in Livy (a), and Valerius Maximus {b) : That when, upon Application made to Appius Claudius the Cenfbr, they got Leave to have their Hereditary Miniflry dis- charg’d by Servants, in the compafs of one Year the whole Fa- mily was entirely extindl, tho’ no lefs than thirty of them were Jufty young Men. And Appius Claudius loft his Eyes, as a Judg- ment for his Part in the Offence. Acca Laurentia, Romulus'* sNurfe, had a Cuftomoncea Year to make a folemn Sacrifice for a Blefling upon the Fields : Her twelve Sons aflifting her always in the Solemnity. At laft fhe had the ill Fortune to lofe one of her Sons ; when Romulus , to finew his Gratitude and Refpedt, offer’d himfelf to fill up the Number in his Room, and gave the Company the Name of Fratres Arvales . This Order was in great Repute at Rome; they held the Dignity always for their Lives, and never loft it upon account of Imprifonment, Banifhment, or any other Accident (c). They wore on their Heads, at the time of their Solemnity, Crowns made of Ears of Corn, upon a Tradition that Laurentia at firft pre- sented Romulus with fuch an one ( d ). Some will have it, that it was their Bufinefs to take Care of the Boundaries, and the Divifions of Lands, and to decide all Controverfies that might happen about them : The Proceflions or Perambulations made under their Guidance, being term’d Amharvalia : Others make a different Order, inftituted for that Purpofe, and call’d Sodales Arvales , on the fame Account as the Fratres Arvales. d) Lib. 9. (b) Lib. I. C. I. (c) Plin, 1. 17. C. 2 , (d) Pomp. LAt.de Sfcerd. 4 CHAP* Book II. the Romans. 67 CHAP. in. Of the Augurs, Auguries, T H E Invention of Soothfaying is generally attributed to the Chaldeans ; from them the Art pafs’d to the Grecians ; the Grecians deliver’d it to the Tuscans, arjd they to the Latins and the Romans . The Name of Augurs is deriv’d by fome, ah Avium geftu ; by others, ah Avium garritu : Either from the Motion and Adtions, or from the chirping and chattering of Birds. Romulus was himfelf an extraordinary Proficient in this Art (a), and there- fore as he divided the City into three Tribes, fo he conftituted three Augurs , one for every Tribe. There was a fourth added fome time after, probably by Servius Tullius, who increas’d the Tribes to that Number. Thefe four being all chofen out of the Patricii or Nobility, in the Year of the City 45*4, theTrihunes of the People, with much Difficulty, procur’d an Order, that Five Perfons, to be eledfed out of the Commons, fhould be added to the College^ h ) . AfterwardSvSy//^ the Dictator, A. U.C .67 1 , made the Number up Fifteen^. The eldcft of thefehadthe Command of the reft, and was honour’d with the Title of Magifter Colie gii (d). Their Bufinefs was to interpret Dreams, Oracles, Prodigies, and to tell whether any Adlion fhould be fortunate or pre- judicial to any particular Perfons, or to the whole Common- wealth. Upon this Account, they very often occafion’d the dis- placing of Magiflrates, the deferring of Publick Alfemblies, &c. whenever the Omens prov’d unlucky. Before we proceed to the feveral kinds of Auguries , it may not be improper to give an Account of the two chief terms by which they are diftinguifh’d in Authors, dextra zndjinijlra. Thefe being differently apply’d by the Greeks and Latins, and very often by the Latins themfelves, (who fometimes fpeak agreeably to the Grecian Culloms, fometimes according to their ownjhave given Occafion to many Miftakes, which may be all clear’d up by this eafy Ob- fervation ; that the Greeks and Romans both deriving the happi- nefs of their Omens from the Eaftern Quarter, the former turn’d towards the North, and fo had the Eaft on their Right Hand, the latter towards the South, and therefore had the Eaft on their Left. Vid. Bullenger. de Augur. & Aufpic. L. 2. C. 2. (a) Plutarch, in \om. ( [b ) Llv. lib. io» («) Floras fipitom. Liv. lib. $9. (<0 ~4lex. ab „ Alex, lib, j. cap, 19. Ub, 1. cap, 2^ Book II. the Romans. dp 5*. The laft fort of Divination was from what they call’d Dir where this Craft moll flourifh’d, as it was firft invented. The College of Arufpices as well as thofe of the other Reli - £ious Orders had their particular Regifters and Records, fuch as the Memorials of Thunders and Lightnings, the Tufcan Hifto- ries, and the like. There are but two Accounts of the Derivation of the Name of the Ponttfices , and both very uncertain ; either from Pons, and facere ; becaufe they firll built the Sublician Bridge in Rome , and had the Care of its Repair; or from Poffe and facere ; where fa- cere mull be interpreted to fignify the fame as Off err e , and Sa» crificare. T he firft of thefe is the mod receiv’d Opinion ; and yet Plutarch himfelf hath call’d it abfurd (a). At the firll Infti- tution of them by Numa , the Number was confin’d to four, who were conftantly chofe out of the Nobility, till the Year of the City 4^4, when five more were order’d to be added out of the Commons, at the fame time as the Augurs receiv’d the like Addition. And as the Augurs had a College, fo the Pan - tifices too were fettled in fuch a Body, And as Sylla afterwards added feven Augurs , fo he added as many Ponttfices to the Col- lege : The firft Eight bearing the Name of Ponttfices majores , and the reft of mtnores. The Office of the Ponttfices , was to give Judgment in allCaufes relating to Religion; to enquire into the Lives and Manners of the Inferior Priefts, and to punilh them if they fawOccafion;to prefcribe Rules for Publick Worfhip; to regulate theFeafts, Sa- fi) luNttmti E 4 crificcs, •jl Of the Religion of Part II. orifices, and all other Sacred Inftitutions. Tally ^ in his Oration tq them for his Houle, telh them, that the Honour and Safety of the Common-wealth, the Liberty of the People, the Houfesand Fortunes of the Citizens, and the very Gods themfelves were all entrufted to their Care, and depended wholly on their Wifdom and Management. The Mafter or Superintendent of the Powtifices was one of me ft honourable Offices in the Common-wealth. Numa , when he inftituted the Order, inverted himfelf firft with this Dignity, as Plutarch informs us; tho’ Livy attributes it to another Perfon of the fame Name. Fejlus* s Definition of this great Prieft is, Judex atque Arbiter Rerurn Humanarurn Divinarumque , the Judge and Arbitrator of Divine and Humane Affairs . U pon this Account all the Emperors, after the Examples of Julius Ccefar andAuguflus, either adhially took upon them the Office, or at leaft us’d the Name. And even the Chriflian Emperors, for fome time, retain’d this in the Ordinary Enumeration of their Titles; till the time of Gratian , who (as we learn from (a) Zojimus') abfolutely refus’d it. Poly dor e Virgil (b) does not quertionbut this was an infallible Omen of the Authority which the Bifhop of Rome enjoys to this Day, under the Name of Pontifex maximus, (a) Hifiod . lib. 4. ( [bj De return invent, lib. 4. cap. 14. CHAP. V. Of the FlamineSj Rex Sacrorum, Salii, Feciales and Sodales. T H E Name of the Flamines is not much clearer than the former. Plutarch makes it a Corruption of Pilamines from P ileus , a fort of Cap proper to the Order. Varro, Fejlus and Ser- vius will have it a Contradf ion of Filamines , from Fdum\ and tell us, that finding their Caps too heavy and troublefome, they took up a lighter Faftiion, only binding a Parcel of Thread about their Heads. Others derive the Word from Flamina or Flameum , a fort of Turban , which they make them to have worn ; tho* this generally fignifits a Woman’s Veil. Rofinus and Mr. Dodwell declare for the Second of thefe Opinions ; Polydore Virgil has given his Judgment in Favour of the third {a). Nu- i*) De invent, rer . lib. 4. cap, 14* Book II. the Romans." 7$ Numa at fir ft difcharged feveral Offices of Religion himfelf, and defigp’d that all his Succeflbrs fliould do the like: But be- caufe he thought the greateft Part of them would partake more of Romulus his Genius than his own, and that their being en- gaged in War-like Enterprizes might incapaciatc them for this Function, he inftitued thefe Flamines to take Care of the fame Services, which by right belong’d to the Rings (a). The only three conftitued at firft, wer eFlamen Dialis , Mar - tialis, and Quirinalis. The firft was facred to Jupiter; and a Perfon of the higheft Authority in the Common-wealth. He was oblig’d to obferve feveral fuperftitious Reftraints, as well as honour’d with feveral eminent Privileges beyond other Officers ; which are reckon’d up at large by Gellius (b). The fame Author tells us that the Wife of this Flamen had the Name of Flaminica , and was intruded with the Care of feveral Ceremonies peculiar to her Place. But, to be fure, the Greatnefs of the Dignity was diffidently diminifh’d in fucceeding times ; otherwife we can’t imagine that Julius Ccefar fhould have been inverted with it at feventeen Years of Age, as Suetonius (c) informs us he was: Or that Sylla Ihould have fo eafily driven him from his Office, and from his Houfe. The other two were of lefs, yet of very eminent Authority; ordain’d to infped the Rites of Mars and Romulus. All three were chofe out of the Nobility. Several Priefts of the fame Or- der, tho’ of inferior Power and Dignity, were added in latter times ; the whole Number being generally computed at fifteen. Yet Feneflella (or the Author under his Name) allures us from V wro, that the old Romans had a particular Flamen for every Deity they worfliipp’d (d). Tho’theF/^w dy (a). They fung all along a fet of old Verfes call’d the Car - men Saliare\ the original Form of which was compos’d by Numa. They were facred to Mars , (the Ancylia or Targets being Parts of Armour,) who from them took the Name of Salifubfulus. And therefore upon Account of the extraordinary Noife and Shaking that they made in their Dances, Catullus f to lignify a ftrong Bridge, has us’d the Phrafe, In quo vel Salifubfuli Sacra fiunto (b). Unlefs the Conjedhire of Vojjius be true, that Salifubfulus is here a Corruption from Salii ipfulis : the Performers in thole Dances, bearing with them, among other fuperflitious Trifles, a fort of thin Plates work’d into the Shapes of Men and Women, which they call’d ipjiles , or fubjiles , and ipfulce, or fubfuiv. Upon admitting this Opinion, Mars muft lofe his Name of Salifubfulus ; and Pacuvius cannot relieve him; becaufe the Verfe with this Word in it commonly cited from that old Poet, is thought (by Voffius at leaft) to be a meer Fidtion of Muretuf s, who was noted for this kind of Forgery. SeeFoJf. in Catul. p. 46. Tho’ the Month of March (dedicated to that God) was the proper time for carrying about the Ancylia ; yet if at any time a juft and lawful War had been proclaim’d by Order of the Senate, againft any State or People, the Salii were in a folemn manner to move the Ancylia ; as if by that means they rous’d Mars from his Seat, and Pent him out to the Afliflance of their Arms (c). Tullus Hoflilius afterwards encreas’d the College with twelve more Salii , in purfuance of a Vow he made in a Battel with the Sabines. And therefore for Diftindtion’s fake, the twelve firft were generally call’d Salii Palatini , from the Palatine Moun- tain, whence they begun their Proceffion ; the other Salii Colli - ni or Agonenfes y from the Quirinal Hill, fometimes call’d Mons Agonal is ; where they had a Chapel, in one of the higheft Emi- nences of the Mountain (d). Alexander ab Alexandro has obferv’d,that the Entertainments of thefePriefts upon their folemn Feftivals, were exceeding coftly and magnificent, with all the Variety of Mufick, Garlands, Per- fumes, &c. (e): And therefore Horace ufes dapes Salt are* (f) for delicate Meats, as he does Pontificum coena (g) for great Regalio’s. ( He burnt the Writings of the facred Maid. jfc We hate Althcea for the fatal Brand ; When Nifus fell, the weeping Birds complain’d : More cruel he than the revengeful Fair; More cruel he than Nifus ’ Murderer. Whofe impious Hands into the Flames have thrown p The heavenly Pledges of the Roman Crown, > Unrav’lling all the Doom that careful Fate had Ipun. ^ Among all the Religious Orders, as we meet with noneoftner in Authors ; fo there were none of fuch an extravagant Confti- tution as the Priefts of Cybele. We find them under the different Names of (b) Curetes , Corybantes , Galli, and Idai Dadyli\ but can fcarce get one tolerable Etymology of either. As for Cybele herfelf, fhe is generally taken for the Earth, and is the fame with Rhea , Ops , Berecynthta , the Idcean Mother , the Mother of the Gods , and the Great Goddefs. She was invited and receiv’d into Rome, from Befinus in Galatia , with great Solemnity, upon Advice of the Sibylline Oracles ( c ). 00 Polyfji/inr. C. S ( l > ) Vide Dionyf. lib, 4. (c) Liv . lib. 2p. cap. 14. F But 8 2 Of the Religion of Part II. But to return to her Priefts: We find little of any Certainty about them, only that they wefe all Eunuchs, and by Natidn Phrygians ; and that in their folemn Proceffions they danced in Armour, making a confus’d Noife with Timbrels, Pipes, and Cymbals, howling all the while as if they were mad, and cutting themfelves as they went along. One would little think that this was the Goddefs, who required fuch a facred Silence in her My- steries, as Virgil ( a ) would perfuade us fhe did. And thebeft we could fuppofe at the Sight of this bawling Retinue, is, that they were going to fettle a Swarm of Bees ; for which Service the fame Poet recommends the Ufeof the Cymbals -of Cybele (b). But we cannot have a better Relation of the Original, and the Manner of their ftrange Solemnity, than what Lucretius has given us in his Second Book. Hanc varice gente antiquo more facrorum I dee am mutant Ma.tr era, Phrygiafque catervas Dant Comites , qui primum ex illis finibus edunt Per terrarum orbem fruges coepiffe creari. Gallos attribnunt , quia numen qui •violdrint Matris , off ingrati genitoribus invents funt , Significare volunt indignos effe putandos Vivam progeniem qui in oras luminis edant . S 'mpana tenta tonant palmis & cymbala circum ncava, raucifonoque minantur cornua cantu , Et Phrygio Jlimulat nuraero cava tibia mentes ; Telaque praportant violenti figna fur or is, Ingratos animos, atque impia pe flora volgi Conterrere metu quee pojfint numine divee* Hie armata manus ( Curetas nomine Graii Quos memorant Phrygios) inter fe forte catervis Ludunt, in numernmque exfult ant [anguine Iceti ; & "Terrific as capitum quatientes numine criftas. DiSiceos refer unt Curetas : qui Jovis ilium Vagit urn in Cretd quondam occult affe feruntur , Cum pueri circum puerum pernice chorea Armatio in numerum pulfarent aeribus And gives her a large Train of Phrygian Dames : 3 (a) z /£neid, 3. (b) Ceng. 4* Becaufe Book II. the Romans. Sj Becaufe ill Phrygia Corn at firft took Birth, And thence was fcatter’d o’er the other Earth. They eunuch all their Priefts; from whence ’tis fliown.’ That they deferve no Children of their own, Who or abufe their Sires, or difrefpedh Or treat their Mothers with a cold Negledl; Their Mothers whom they ftiould adore - Amidft her Pomp fierce Drums and Cymbals beat, And the hoarfe Horns with rattling Notes do threat. The Pipe with Phrygian Airs difturbs their Souls, Till, Reafon overthrown, mad Paflion rules. They carry Arms, thofe dreadful Signs of War, To raife i’th’ impious Rout Religious Fear. Here foffie iri Arms^ dance round among the Crowd, "J Look dreadful gay in their own fparkling Blood, > Their Crefts (till fhaking with a dreadful Nod. S Thefe reprefent thofe armed Priefts who drove To drown the tender Cries of Infant Jove: By dancing quick, they made a greater Sound, And beat their ArmOur as they danc’d around. Left Saturn fhould have found, and eat the Boy; And Ops for ever mourn’d her prattling Joy. Mr. Creecfoi But we muft not omit a more comical, though a ftiorter Ad' count that we have of them in Juvenal : ~ — —Matrifque Deum chorus intrat , & ingens o entry tr obfcoeno facies reverenda minoriy Mollia qui rupta fecuit genitalia tefta, Jamprtdem cui rauca cohors , cut tympana cedant, Plebeia • — ( a ). And Cybele's Priefts, an Eunuch at their Head, About the Streets a mad Proceftion led; The venerable Gelding, large and high, O er-look$ the Herd of his inferior Fry, His aukward Clergymen about him prance, And beat their Timbrels to their myftiek Dance, Mr. Dryden^ (b) allures us Were to feven; whence' The Ep alone s, at their fitft Creation, Livy only three : Soon after they were increas’d i F a (*) Sat, (6) Lib, 33. they §4 Of the Religion of Part II. they are commonly call’d Septemviri Epulomm , or barely Sep " temviri , or the Septemviratus ; andfome report that Jultus Cafan by adding three more, chang’d them to a Decemvirate : tho’ it’s certain they kept their old Name. They had their Name from a Cuftom which obtain’d among the Romans , in time of pub- lick Danger, of making a fumptuous Feaft in their Temples, to which they did, as it were, invite the Deities themfelves. For their Statues were brought on rich Beds, with their Pulvinaria too, or Pillows, and plac’d at the mod honourable Part of the T able as the principal Guefts. Thefe Regalio's they call’d Epula , or Ledifternia', the Care of which belong’d to the Epulones . This Priedhood is by Pliny Junior fet on an equal Foot with that of the Augurs ; when, upon a Vacancy in each Order, he fupplicates his Mailer Trajan to be admitted to either. The whole Epidle ought to be fet down for an Example of Modefty and Wit. PLINIUS TRAJANO . Cum fciam , Domine , adteftimoniumlaudemquemorummeorum pertinere tam boni principis judicio exornari , rogo, dignitati , ad quam me provexit indulge ntia tua, vel augur atum, vel feptemvira - turn, quia vacant, adjicere digneris : utjure facerdotii precari deos pro te puhlice pojjim , quos nunc precor pietate privata. CHAP. VIII. Of the Roman Sacrifices . T HE Word Sacrificium more properly fignifies the Thing offer’d, than the A&ion of Offering. The two common Words to exprefs the former, were Vidima and Hoftia ; which tho’ they are very often confounded, yet by the fird Word are pro- perly meant the greater Sort of Sacrifices, by the other the lefs . Tho’ every Deity had fome peculiar Rites and Inftitutions, and confequently different Sorts of Sacrifices, in which the greateft Part of the publick Worfliip then confided ; yet there were fome ilanding Rules and Ceremonies to be obferv’d in all. The Pried (and fometimes the Perfon that gave the Viftimj went before in a white Garment free from Spots and Figures : For Cicero tells us, that White is the mod acceptable Colour to the Gods; I fuppofe, becaufe it feems to denote Purity and Innocence, Tht r Book IF. the Romans. 8 j The Bead to be facrific’d, if ’twas of the larger Sort, us’d to be mark’d on the Horns with Gold; if of the lefier Sort, it was crown’d with the Leaves of that Tree which the Deity was thought mod to delight in, for whom the Sacrifice was defign’d. And befides thefe, they wore the Infula and Pitta, a fort of white Fillets, about their Head. Before the Proceffion went a publick Crier, proclaiming Hoc age to the People, to give them Notice that they fiiould forbear Working, and attend to the Solemnity. The Pipers and Harp- ers too were the Fore- runners of the Show; and what time they could fpare from their Inftruments, was fpent in afilfting the Crier to admonifh the People. The Sacrifice being brought to the Altar, the Prieft took hold of the Altar with one Hand, and ufher’d in the Solemnity with a Prayer to all the Gods; mention- ing Janus and Vefta always firftandlaft, as if through them they had Accefs to the reft. During the Prayer, fome publick Officer was to command the ftri&eft Silence, for which the common Expreffion was, Favete Linguis , a Phrafe us’d by Horace (a), Juvenal (b), Tibullus (c), &c. And the Piper play’d all the while to hinder the hearing of any unlucky Noife. After his Prayer, the Prieft began the Sacrifice with what they call’d Immolatio (though, by Synecdoche , the Word is often taken for the whole A6tof Sacrificing,) the throwing fome fort of Corn and Frank- incenfe, together with the Mol a, i. e. Bran or Meal mix’d with Salt, upon the Head of the Beaft. In the next plaoe, he fprink- led Wine between the Horns ; a Cuftom very often taken No- tice of by the Poets ; So Virgil : Ipfa tenens dextra pater am pulcherrima Dido Candentis vacca media inter cornua fundi t (d). O’er the white Heifer’s Horns the beauteous Queen Holds the rich Plate, and pours the Wine between. And Ovid more exprefsly : Rode caper vitem , tamen hinc cum ftabis ad aras y In tua quod fundt cornua pojfit , erit (e). Go wanton Goat, about the Vineyard browze On the young Shoots , and ftop the rifing Juice ; You’ll leave enough to pour between your Horns , When for your fake the hallow’d Altar bums. ( 4 ) Lib. i,Od. 1 „(b)Sat. 1 1. (c) Lib. 2. Eleg. 1. (d) cs£neid. 4. v. 60, (e) Fafi. 1. F 3 Bus B6 Of the Religion of Part II. But before he pour’d the Wine on the Beaft, he put the Plate to his own Mouth, and juft touch’d it with his Lips, giving it to thofe that flood near him to do the like. This they term’d Libatio. In the next Place, he pluck’d offfome of the rougheft Hairs growing between the Horns of the Beaft, and threw them into the Fire, as the prima Likamma . Et fummas capiens media inter cornua fetas Ignibus mponit facris , libamina prima (a). The bridling Hairs that on the Forehead grew, As the firft Offering on the Fire (he threw. And now turning himfelf to th $EaJl, he only made a fort of crooked Line with his Knife from the Forehead to the Tail ; and then deliver’d the Beaft to the publick Servants to kill. We find thefe inferiour Officers under the feveral Names of Pop Agones, Cultrarii , and Vi&imarii ; Their Bufinefs, befides the killing of the Beaft, was to take otf his Skin, to bowel him, and to wafti the whole Body. Then the Arufpex his Duty came in place, to fearch the Entrails for good and bad Omens. When this was over, the Priefts had nothing elfe to do, but to lay what Parts they thought fitted; for the Gods upon the Altar, and th go and regale themfelves upon the reft. See Alex, ab A lex. Lib. 4. cap. 17. £<2) tAZneid. 6 . v. 2 46. CHAP. IX. Of th$ Roman Tear . W E meet with three Accounts in U feat feveral times among the Romans ; which owe their Original to Romulus , Numa , and Julius Ca'far , Romulus divided his Year into ten Months? which Plutarch would perfuade us had no certain or equal Term? but confided fome of rwenty Days, fome of thirty- five, ■ * ' and Book II. the Romans. %y and fomeof more (a). But he is generally allow’d to have fetr tied the Number of Days with a great deal more Equality, al- lotting to March , May, Quintilis , and October , One and thirty Days : To April, june, Sextilis, November and December , thirty, making up in all, three Hundred and four Days (b). Scilicet arma magis quam fydera, Romule, nor as ! Scaliger indeed is very angry that People fhould think the Ro- mans had ever any other Account than by twelve Months (c): But *tis probable that the Teflimonies of Varro, Macrobius,Cen - forinus, Ovid, &c. will over-rule the bare Words of Licinius MacerJ and the Counterfeit Feneftella, which are all he produces. As to the Names of Romulus's Months, the firft to be lure was confecrated to Mars, the Father of the State. The next too may be fetch’d from Venus, the other Guardian Parent of the Romans, if we admit of the Allufion between the Word Apr His, and ’a woftTit her Name in Greek : Tho’ ’tis generally deriv’d from Aperio to open, becaufe this is the chief Part of the Spring, in which the Buds and Flowers open and difclofe themfelves (d). May he nam’d fo from Mata the Mother of Mercury, according to Plutarch (e ) ; tho’ Macrobius makes the Maia, to whom May was dedicated, the fame as Rhea, Ops, or the Earth, and different from Mercury's Mother (f). Ovid brings it a Senibus, i. e. d Major ibus(g). June either comes from Juventus , becaufe this is the youthful and gay Part of the Year (h) ; or elfe ’tis a Contra&ion of Junonius, and dedicated to theGoddefs Juno(i). The other Months he denominated as they Food in Order : So Quintilis is no more than the fifth Month, Sextilis than the fixth ; and fo on : But thefe two afterwards chang’d their Names to July and Auguft, in Honour o i Julius Cafar , and hisSuccef- for Augujlus. As Nero had afterwards call’d April Neronius (k)’, fo Plutarch tells us, that Domitian too, in Imitation of them, gave the two Months immediately following, the Names of German'tcus and Domitianus ; but he being flain, they recover’d their old Denominations (7). Numa was a little better acquainted with the Coeleflia! Motions than his Predeceffor; and therefore undertaking to reform the Ka- lendar, in the firft Place he added the two M onths of Jannary (<*) Pint, in Num. ( b ) Macrob. Saturn. !. I. cap. 12. Cenfor. de die Nat al. C. zc v &C. ( c ) De Emendat. Tempor.l. 2. (d) Pint, in Num. Macrob. Sat.], t. c. 12. ( e ) In Num. (/) Sat. 1 . 2 i. cap. 12. (g) Fajl. r. v. 4U (h) PUt. ii) Nmi. (i) Macrob. ubt fapra. (kj Sn t. in Ner. c. jj. (/) plat, in Nam, F 4 mid 88 Of the Religion of Part II. and February ; the firft of which he dedicated to the God Janus ; the other took its Name from Februo , to purify, becaufe the Feafts of Purification were celebrated in that Month (, a ). To compofe thefe two Months, he put fifty Days to the old three hundred and four, to make them anfwer the Courfe of the Moon ; and then took fix more from the fix Months that had even Days, adding one odd Day more than he ought to have done, merely out of Superftition, and to make the Number fortunate. How- ever, he could get but eight and twenty Days for February ; and therefore that Month was always counted unlucky (b). Eefides this, he obferv’d the Difference between the Solar and the Lunar Courfe to be eleven Days; and to the remedy the In- equality, he doubled thofe Days after every two Years, add- ing an Interftitial Month to follow February , which Plutarch calls in one Place Mercid'mus (c) and in another Mercidonius (d). But the Care of this Intercalation being left to the Priefts, they clapp’d in, or left out, the Month whenever they pleas’d, as they fancy’d lucky, or unlucky, and fo made fuch mad Work, that the Feftivals and folemn Days for Sacrifice were remov’d, by little and little, till at laftthey came to be kept at a Seafon quite contrary to what they had been formerly (e.) Julius Ccefar was the firft that undertook to remedy this Dis- order; and to this Purpofe he call’d in thebeft Philofophers and Mathematicians of his time, to fettle the Point, sin order to bring Matters right, he was forc’d to make one confus’d Year of fifteen Months, or four hundred forty five Days; but to pre- ferve a due Regulation for the future, he took away the Inter- calary Months ; and adding ten Days to NumeC s three hun- dred fifty five, equall’d them to the Courfe of the Sun, except fix odd Hours. The ten Days he diftributed among thofe feven Months that had before but Nine-and- twenty ; and as for the fix Hours, he order’d them to be let alone till they made up a whole Day; and this every fourth Year he put in the fame Place where the Month us’d to be inferred before (f) ; and that was juft five Days before the End of February , or next before the fixthof the Calends of March. For this Reafon the fuper- numerary Day had the Name of Dies Bijfextus ; and thence the Leap-Year came to be call’d Annus Bijj'extilis. But the Priefts, who had been the Authors of the old Confu- fion, committed as great a Blunder in the New Computation, (a) Ibid, (b) Cenforin. de die Natali, cap. 20. (c) In Nvm. (d) In JiiL Caf. (e) In J til. C) Ovid. F*Jl. Z. V. 267, §CC. (e) Ibid. V» 533, &C„ { [d ) Quadt. 7 \ora % have 94 Of the Religion of Part If, have been, left they fhould violate the Tokens of Peace and Agreement, by flaming them with Blood. The Kalends of March was the Matronalia , a Feaft kept by the Roman Matrons to the Honour of Mars ; to whom they thought themfelves oblig’d for theHappinefs of bearing of good Children; a Favour which he firft conferr’d on his own Mi° ftrefs, Rhea (a). This Feaft was the Subject of Horace's Ode, Martiis coelebs quid agam Calendar, &c* On the fame Day began the folemn Feaft of the Salii , and their Prooeliion with the Ancylia , which have been fpoken of before. The Ides of March was the Feaft of Anna Perenna; in Ho- nour either of the Sifter of Dido , who fled into Italy to fldneas ; or of one Anna an old Gentlewoman, that in a great Dearth at Rome A or fome time furnifhed the common People with Com out of her oWn Store. The Celebration of this Day confifted in Drinking and Feafting largely among Frieiids. The conlmon People met for this Purpofe in the Fields near the Tiber, and, building themfelves Booths and Arbours, kept the Day with all manner of Sports and Jollity ; wifhing one another to live as many Years as they drunk Cups (b). The fame Day was by a Decree of Senate order’d to be call’d P arricidium, for the Murder of Julius Cdfar, which happen’d on it (c)i Appian, in his fecond Book, tells us of a very diffe- rent Law that Dolabella the Conful \fcould have preferf’d upon this Occafion; and that was, to have th« Day call’d ever after, Natalis Urbis (the Birth-day of the City ;) as if their Liberty had reviv’d upon the Death of Ccefar. March the 19th, or the 14th of the Kalends of April , begun the Quinquatrus or Quinquatria , the Feaft of Minerva , conti- nuing five Days. ’Twas during this Solemnity* that the Boys and Girls us’d to pray to the Goddefs for Wifdom and Learn- ing, of which lhe had the Patronage: To which Cuftom Jur* venal alludes: Eloquium & f am am Demofthenis aut Qiceronis Incipit opt are, & totis Quinquatribus opt at (d). (a) Ovid , fafi. 3. v. 233. (*} Ibid, ?, $23 3 (c) Suctbn, in Jut. (<*) Wq To Book II. the Roman s. 9* To rival Fully or Demofthene s. Begins to wifh in the Quinquatrian Days, And wifties all the Feaft — ■ At the fame time the Youths carried their Matters their Fee, or Prefent, term’d Minerval. April the 1 9th, or the 1 3th of the Kalends of May, was the Cerealia, Or Feaft of Ceres , in which Solemnity the chief A6lors were the Women. No Perfon that mourn’d was allow’d to bear a Part in this Service; and therefore ’tis very remarkable, that upon the Defeat at Canna, there was fuch an univerfal Grief in the City, that the Anniverfary Feaft of Ceres was forc’d to be omitted (a), April the 21ft, or the nth of the Kalends of May, was the Pahlia, or Feaft of Pales , Goddefs of Shepherds, This is fome- times call’d Parilia , a pariendo , becaufe Prayers were now made for the Fruitfulnefs of the Sheep. Ovid tells us a very tedious Courfe of Superftitition that the Shepherds run through upon this Day. They always contriv’d to have a great Feaft at Night; and when moll of them were pfetty merry, they concluded all with dancing over the Fires that they made in the Field with heaps of Stubble (b). The fame Day was call’d Urbis Natalis , being the Day on which the City was built (c). April the 25th, or the 7th of the Kalends of May, was the Robigalia, a Feaft of the Goddefs Robigo, or the God Robigns, who took Care to keep off the Mildew and Blafting from the Corn and Fruit (d). April 27th, or the yth of the Kalends of , May, was the Floralia , or Feaft of Flora, Goddefs of Flowers (e), when the publick Sports were celebrated that will be hereafter de- fcrib’d (f). In the remaining Part of the Year, we meet with no Fefti- val of extraordinary Note, except the Poplifugium and the Saturnalia. The Original of the famous Nonce Capr Qt'mce, or Poplifugium , is doubly related by Plutarch , according to the two common Opinions. Firft, becaufe Romulus difappear’d on that Day, when an Aftembly being held in the Palus Caprece, or Goats-marjh , (a) Liv. lib. 22. (b) Ovid. Faft. 4. v. 721, See. (c) Ibid. v. 8c6, (d) Hid. v. 9cx. (e) Ibid. v. 543. (/) See Book V. cap. 7. Oil $6 Of the Religion, &c. Part II. ©n a fudden happen’d a moll wonderful Tempeft, accompanied with terrible Thunder, and other unufual Diforders in the Air* The common People fled all away to fecure themfelves ; but after the Tempeft was over, could never find their King (a). Or elfe from Caprificus a wild Fig-Tree, becaufe in the Gal- lic War, a Roman Virgin, who was Prifoner in the Enemies Camp, taking the Opportunity when ftie faw them one Night in a Diforder, got up into a wild Fig-Tree, and holding out a lighted Torch toward the City, gave the Romans a Signal to fall on ; which they did with fuch good Succefs as to obtain a confiderable Vidor y (b). The Original of the Saturnalia, , as to the Time, is unknown, Macrohius alluring us, that it was celebrated in Italy long be- fore the Building of Rome ( c) ; the Story of Saturn , in whofe Honour it was kept, every Body is acquainted with. As to the manner of the Solemnity, befides the Sacrifices and other Parts of Publick Worlhip, there were feveral leffer Obfervations worth our Notice. As firft, the Liberty now allow’d to Ser- vants to be free and merry with their Mafters, fo often al- luded to in Authors. ’Tis probable this was done in Memory of the Liberty enjoy’d in the Golden Age under Saturn , before the Names of Servant and Matter were known to the World. Befides this, they fent Prefents to one another among Friends: No War was to be proclaimed, and no Offender executed : The Schools kept a Vacation, and nothing but Mirth and Free- dom was to be met with in the City. They kept at firft only one Day, the 14th of the Kalends of January: But the Num- ber was afterwards increas’d to three, four, five, and fome fay, feven Days (d). T (a) Plutarch, in %omul. (b) Plutarch, in %omul. & *n Camill. (c) MacreK Saturn, lib. I. cap. 7. (d) Lipf. SaturnaL lib. I. cap. 3, PART P A R T II. BOOK III. Of the Civil Government 0/ Romans. CHAP. I. Of the General Divifion of the People. 0 MULUS, asfoonas his City was tolerably well fill’d with Inhabitants, made a Diftin&ion of the People according to Honour and Quality ; giving the better fort the Name of Patres i or Patri - cif and the reft the common Title of Plekeih To bind the two Degrees more firmly together s he recommended to the Patricians fome of the Plebeians to pra- te# and countenance ; the former being ftyi’d Patron /, and the latter Clientes. The Patrons were always their Clients Coun- fellors in difficult Cafes, their Advocates in Judgments; m ihort, their Advifers and Overfeers in all Affairs whatever . On the other fide, the Clients faithfully ferv’d their Patrons , not only paying them all imaginable Refpe# and Deference, but if Occafion requir’d, affifting them with Money towards the de- fraying of any extraordinary Charges. But afterwards, when the State grew rich and great, tho’ all other good Offices con« tinu’d between them, yet ’twas thought a dilhonourable thing for the better Sort to take any Money of their Inferiors (a). (*) Vide Dtonyf, lib. t- Liv. lib. I. Phuuh. iii %ordiilt: Q The Of the Civil Government Part II. The Divifion of the People into the three diftindt Orders of Senators, Knights , and Commons , took its Rife about the time of Tar quin's Expul fion. The Senators were fuch Perfons as had been promoted to fit in the fupreme Council of State, either out of the Nobility or Commons. If out of the latter Order, they had the Honour of a Gold Ring, but not of a Horfe kept at the publick Charge; as Manutius hath nicely obferv’d. The Knights were fuch Perfons as were allow’d a Gold Ring and a Horfe at the Publick Charge. The Commons were all the reft of the People, befides thefe two Orders, including not only the inferior Po- pulacy, but fuch of the Nobility too as had not yet beeneledted Senators , and fuch of the Gentry as had not a compleat Knight’s Eflate: For Perfons were admitted into the two higher Ranks according to their Fortunes ; one that was worth eight hundred Seftertia , was capable of being chofe Senator ; one that had four hundred, might be taken into the Equejlrian Order. Au- guftus afterwards alter’d the Senatorian Eftate to twelve hun- dred Sejlerces ; but the Equejlrian continu’d the fame. The three common terms by which the Knights are menti- on’d in Roman Authors, are Eques , Equejlris ordinis^w&EqueJlri loco natus. Of which the two former are, in all refpedis, the very fame. But the latter is properly applied to thofe Equites , whole Fathers were indeed of the fame Order, but had never reach’d the Senatorian Dignity. For if their Fathers had been Senators, they would have been faid to have been born of the Senatorian, and not of the Equefirian Rank (a). When we find the Optimates andth zPopulares oppos’d in Au- thors, we muff fuppofe the former to have been thofe Perfons, of what Rank foever, who flood up for the Dignity of the chief Magiftrates, and the rigorous Grandeur of the State; and who car’d not if the inferior Members fuffer’d for the Advancement of She commanding Powers. The latter we muff take likewife for thofe Perfons of what Rank foever, who courted the Favour of the Commons, by encouraging them to fue for greater Pri- vileges, and to bring things nearer to a Level. For it would be unreafonable to make the fame Diliin&ion betwixt thefe Par- ties, as Sigonius and others lay down, “ That the Populares were u thofe who endeavour’d by their Words and Adfions to ingra- 61 tiate themfelves with the Multitude; and the Optimates thofe 64 who fo behav’d themfelves in all Affairs, as to make their (f) Vid . P. Manat. Civ, Hfty, p. u Co Book ill. of the Romans. a Conduft approv’d by every good Man.” This Explication agrees much better with the Sound of the Words, than with the Senfeof the Things. For at this Rate, the Optimates and the P op u lares will be only other T erms for the Virtuous and the Vici- ous ; and it wou’d be equally hard in fuch large DiviiiOns of Men, to acknowledge one fide to have been wholly Honeft, and to affirm the other to have been entirely Wicked. I know that this Opinion is built on the Authority of Cicero ; but if we look on him, not only as a prejudic’d Perfon, but as an Orator too, we fhall not wonder, that in diftinguifhing the two Parties, he gave fo in- famous a Mark to the Enemies fide, and fo honourable a one to his own. Otherwife, the Murderers of Ccefar , ('who were the Optimates ,) mult pafs for Men of the highelt Probity; and the Followers of Auguftus, ('who were of the oppofite Faction) mull feem in general a pack of profligate Knaves. It would there- fore be a much more moderate judgment, to found the Diffe- rence rather on Policy, than on Morality; rather on the Prin- ciples of Government, than of Religion and private Duty. There’s another common Divifion of the People into Nobiles , Novi, and Igmbiles , taken from the right of ufing Pidtures, or Statues; an Honour only allow’d to fuch whofe Anceftors or themfelves had bore fome Curule Office, that is, had been Cu- rule lEdile , Cenfor , Prcetor , or Conful. He that had the Pictures or Statues of his Anceftors, was term’d Nobilis ; he that had on- ly his own, Novus ; he that had neither, Igmbilis. So that Jus imaginis was much the fame thing among them, as the Right of Bearing a Coat of Arms among us : And their Novus Homo is equivalent to our upftart Gentleman. For a great while none but the Patricii were the Nobiles , becaufe no Perfon, unlefs of that fuperior Rank, could bear any Curule Office. Hence in many Places of Livy,Saluft , and other Authors, We find Nob i litas ufed for the Patrician Order, and fo oppos’d to Plebs. But in After-times, when the Commons obtain’d a right of enjoying thofe Curule Honours, they by the fame Means pro- cur’d the Title of Nobiles , and left it to their Pofterity (a). Such Perfons as were free of the City, are generally diftinguiffied into lngenui,Liberti, and Libertini. The In^enui were fuch as had been born free, and of Parents that haj been always free. The Libertini were the Children of fuch as had been made free. Liberti , fuch as had been actually made free themfelves. (a) Vide Si^on, dejur. Civ < \om, lib. 2, cap, 2®, G A The so© Of the Civil Government Part II. The two common Ways of conferring Freedom, were by I’eftament, and by Manumijjion. A Slave was faid tb be free by Teftament , when his Mailer, in confideration of his faith- ful Service, had left him free in his laft Will : Of which Cuftom we meet with abundance of Examples in every Hi- ftorian. Thefe kind of Liberti had the Title of Orcini , becaufe their Mailers were gone to Or cus. In alluiion to which Cuftom, when after the Murder of Julius Ctefar, a great Number of unwor- thy Perfons had thruft themfelves into the Senate, without a- ny juft Pretentions, they were merrily diftinguiihed by the term of Senator es Orcini (a). The Ceremony of Manumijfion was thus perform’d : The Slave was brought before the Conful, and in After-times before the Prestor , by his Mailer, who laying his Hand upon his Ser- vant’s Head, laid to the Pr&tor, Hunc bominem liberum ejfe volo ; and with that, let him go out of his Hand, which they term’d e manu emitter e. Then the Prcetor laying a Rod upon his Head, call’d Vindifta, faid, Dicoeum liberum ejfemore Quiritum . Hence Perfius , Vinditfd poflquam mens d Pr (Store recejji. After this the Lifior taking the Rod out of the Pr estop s Hand^ flruck the Servant feveral Blows on the Head, Face, and Back; and nothing now remain’d but Pileo donari , to receive a Cap in token of Liberty, and to have his Name enter’d in the Common Roll of Freemen, with the Reafonof his obtaining that Favour. There was a third way of beftowing Freedom, which we do not fo often meet with in Authors; it was when a Slave, by the Confent and Approbation of his Mafter, got his Name to be Inferred in the CenfoPsRoll: Such a Man was call’d liber cenfu; as the two already mention’d were liber teftamento , and liber manumijjione . («) Sutton , ill Oflavt eap. 35* CHAP, IOI Book III: of the Romans. chap. II. Of the SENATE. T HE Chief Council of State, and, as it were, the Body of Magiftrates, was the Senate ; which as it has been generally reckon’d the Foundation and Support of the Roman Greatnefs, fo it was one of the earlieft Conftitutions in the Republic!? : For Romulus firft chofe out a hundred Perfons of the beft Repute for Birth, Wifdom, and Integrity of Manners, to affift him in the Management of Affairs, with the Name of Senatores, or Patres, from their Age and Gravity ; \yel estate , vel cures Jimilitudine Pa- tres appellabantur , fays Salufl : ) a Title as honourable, and yet as little fubjed to Envy, as could poffibly have been pitch’d upon After the Admillion of the Sabines into Rome, an equal Number of that Nation were join’d to the former Hundred (a). And Ifarquinius Prifcus, upon his firft Acceffion to the Crown, to in- gratiate himfelf with the Commons, order’d another Hundred to be feleded out of that Body, for an Addition to the Senate (b j, which before had been ever fill’d with Perfons of the higher Ranks. Sylla the Didator made them up above Four Hundred ; Julius Cesfar Nine Hundred; and in the time of the Second Tri- umvirate, they were above a Thoufand ; no Diftindion being made with Refped to Merit or Quality. But this Diforder was afterwards redified by Augufius , and a Reformation made in the Senate , according to the old Conflitution (e). The right of naming Senators belong’d at firft to the Kings ; afterwards the Confuls chofe, and referr’dthem to the People for their Approbation : But at laft, the Cenfors engrofs’d the whole Privilege of conferring this Flonour. He that flood firft in the Cenfor’s Roll, had the honourable Title of Princeps Senatus (d): Yet the chief Magiftrates, as the Confuls, Didator, &c. were always his Superiours in the Houfe. Befides the Eftate of Eight Hundred, or after Augufius, of T welve hundred Seftertia , no Perfon was capable of this Dignity, but one that had already bom fome Magiftracy in the Common- (*) Dionyf. lib. 2. (b) Idem. lib. *A. GsiU lib. 3. cap. IS. 3. (c) Suet on. in cap.' j 5. (d) Vid„ G 3 wealth. IOZ Of the Civil Government Part II. wealth. And that there was a certain Age (even in latter times) requir’d, is plainfromthe frequent of Ufe ALtas Senatoria inAu? thors. Dio Cajfius pofitively limits it to five and twenty (a), which was the fooneft time any one could have difcharg’d the Qum a G 4 was i @4 Of the Civil Government Part II. was call’d Senatus-confultumper difcejfionem fattum ; the former limply Senatus-conjultum (a). Julius Capitolims fpeaks of a fort of Senatus-confulta , not de- fer ib’d by any other Author; which he calls Senatus-confulta ta- cit a ; and tells us they were made in reference to Affairs of great Secrecy, without the Admittance of the very pubh'ck Servants ; but all the Bufinefs was done by the Senators themfelves, after the paf- fing of an Oath of Secrelie, ’till their Pefignthou’d be effeded ( b ). There were feveral things that might hinder the paffing of a Decree in Senate ; as in Cafe of an Intercejfio , or interpofing. This was commonly putin Practice by the Tribunes of the Commons, who reckon’d it their Privilege; But it might be done too, by any Magiftrate of equal Authority with him that propos’d the Bufinefs to the Houfe : Or elfe when the Number requir’d by Law for the paffing of any Bill was not prefent: For that there was fuch a fix’d Number is very evident, though nothing of Certainty can be determin’d any farther about it. In both thefe Cafes, the Opinion of the major Part of the Se- nators w T asnot call’d Senatu-s-confultum , but Authoritas Senatus \ their Judgment , not their Command ; and fignified little, unlefs it was afterwards ratified, and turn’d into a Senatus-confultum , as nfually happen’d ( c ). Yet we muft'havea Care of taking Autho- ritas Senatus in this Senfe, every time we meet with it in Authors. For unlefs. at the fame time, there be mention made of an In- terceffio , it is generally to be underflood, as another Term fora Senatu'-confultum ; and fo Tulip frequently ufes it : fometimes both the Names are join’d together; as the ufual Infcription of the Decrees was in thefe Initial Letters; S. C. A. i.e. Senatus ^ C onfulti- Author it as . Befides thefe two Impediments, a Decree of Senate cou’d not pafs after Sun-fet, but was deferr’d till another Meeting. All along, till the Year of the City 304, the written Decrees were in the Cuflody of the Conful, who might difpofe of them as he thought proper, and either fupprefs or preferve them : But then a Law pafs’d, that they fhouldbe carried always for the fu- ture to the JEdiles Plebis, to be laid up in the Temple of CVm (d) : Yet we find, that afterwards they were for the moft Part pre- ferv’d in the publickTreafury (e). It may be farther obferv’d, that befides the proper Senators , any Magiilrates might come into the Hc|.fe during their Honour, (4) P. Manat, de Sen. (b) Jal. Cap it, in Gordian, (c) P. Manat, de Sen* (d) Liv * ib. 3. (*) Vide Cicer. Philip. 5. Sutton, in ^Aagaft. Tacit, ^innah 3. and Book III. of /^Romans. 105* and they who had born any Curule Office, after its Expiration* But then none of thofe who came into the Houfe purely upon Ac- count of their Magiftracy, were allow’d the Privilege of giving fcheir Judgments upon any Matter, or being number’d among the Perfons who had Votes. Yet they tacitly exprefs’d their Mind by going over to thofe Senators whofe Opinions they embrac’d ; and upon this Account they had the Name of Senatores Pedarii . This gave Occafion to the Joke of Laberius the Mimic , Caput fine lingua pedaria fententia eft. There was an old Cuftom»too, in the Common-wealth, that the Sons of Senators might come into the Houfe, and hear the Proceedings. This, after, it had been abrogated by a Law, and long dif-us’d, was at lad reviv’d by Auguftus, who in order to the bringing in the young Noblemen the fooner to the Manage- ment of Affairs, order’d that any Senator's Son, at the time of his putting on the Toga Firilis, fhou’d have the Privilege of ufingthe Latus Clavus , and of coming into the Senate (a). (4) Sutton, in sAugnft. cap. 38. CHAP. III. Of the general Divifions of the Magiftrates 5 and of the Candidates for Offices . "KJ OTto fpeakof the different Forms of Government which obtain’d among the Romans , or to decide the Cafe of Pre- eminency between them, we may, in the next Place, take a fhort View of the chief Magiftrates under them all. Of thefewemeet with many general Divifions; as in reipedt of Time, Magiftra- tus ordinarily and extraordinarii ; with reference to the Perfons, Patriciiy Plebeiiy and Mixti ; from their Quality, Majores and Minores ; from their manner of appearing in Publick, Curules and Non Curdles; and laftly, from the Place of their Refidence, Urbaniy and Provinciates (a). If we would pitch upon theclearelf and the inoft compendious Method, we muft rank them according to the Iaft Diftindtion, and defcribe in order the mod remark- able of the Civil Offices at Home and Abroad. But it will be (a) Li ^ fins de Magi fir At, cap expedled. io6 Of the Civil Government Part IF. expedled, that we fird give fome Account of thePerfons that flood Candidates for thefe Honours. They borrow’d the Name of Can- didatj from the Toga Candida , in which they were habited at the time of their appearing for a Place. They wore this loofe Gown open and ungirded, without any clofe Garment under ; which fome interpret as done with Dcfign to avoid any Sufpicion the People might have of Bribery and Corruption ; But Plu- tarch (a) thinks ft was either to promote their Intered the better, by fuing in fuch an humble Habit ; Or elfe that fuch as had re- ceiv’d Wounds in the Service of their Country, might themorc cafily demonllrate thofe Tokens of their Courage and Fidelity; a very powerful way of moving the Affedlionsot the People. But he difallows the Reafon above mention’d, becaufe this Cuflom prevail’d in Rome many Ages before Gifts and Prefents had any Influenceon the Publick Suffrages ; aMifchief to which heattri- butes, in a great meafure, the Ruin of the Common-wealth. They declar’d their Pretenfions generally about a Year before the Eledlion ; all which time was lpent in gaining and fecuring of Friends, for this Purpofe, they us’d all the Arts of Popularity, making their Circuits round the City very often ; whence the Phrafe, Arnbire Magijlratum , had its Rife. In their Walks, they took the meanefl Perfons by the Hand ; and not only us’d the more familiar Terms of Father, Brother, Friend, and the like; but call’d them too by their own proper Names. In this Service, they had ufually a Nomenclator , ox: Monitor, to affift them, who whifper’d every Body’s Name in their Ears. For though Plu- tarch tells us of a Law which forbad any Candidate tomakeufe of a Prompter; yet at the fame time he obferves, that Cato the Younger was the only Perfon who conform’d to it, difcharging the whole Bufinefs by the Help of his own Memory (b). They had Reafon to be very nice and cautious in the whole Method of their Addrefs and Canvafs ; for an Affront, or per- haps a Jed, put upon the mod inconfderable Fellow, who w T as Mailer of a Vote, might fometimes be fo far refented by the Mob, as to turn the Election another way. There is a particu- lar Story told of Scipio Nafica , which may confirm this Remark : When he appear’d for the Place of Curule JEdile , and was making his Circuit to encreafe his Party, he fighted upon an honed plain Countryman, who was come to Town, to give his Vote among the red, and finding, as he fhook him by the Hand, that theFlelhwas very hard and callous, P A ythee, Friend, (*) (*) In CorioUn, (j) Tim, U Catone Vncenf (fays 107 Book III. of the Romans. (Tays he) do' ft ufe to walk upon thy Hands ? The Clown was lo far from being pleas’d with this Piece of Wit, that he complain’d of the Affront, and loft the Gentleman the Honour which he fued for. Such Perfons as openly favour’d their Defigns, have been di- ftinguifhed by the Names of Salutatores , Deduftores , and Seda- tores (a). The firft fort only paid their Compliments to them at their Lodgings in the Morning ; and then took their Leave. The fecond waited upon them from thence, as far as to the Fo- rum. The laft compos’d their Retinue thro’ the whole Circuit. Pliny has oblig’d us with a farther Remark, that not only the JPerion who ftood for an Office, but fometimes too the molt conliderable Men of their Party, went about in the fame formal Manner, to beg Voices in their Behalf: And therefore when he’d let us know his great Diligence in promoting the fntcrcft of one of his Friends, he makes ufe of the fame Phrafes, which are commonly spply’d to the Candidates themfelves; as, Ambire domos , Pen fare amicos t Circumire fiationes (b), &c. The Proceedings in the Eledlions will fall more properly un- der the Account of the Affemblies where they were manag’d. (a) %ofm. lib. 7. cap. 8. (b) Plin. Epijt. lib. 2. ep, 9. CHAP. IV. Of the CONSULS. T HE Confular Office began upon the Expulfion of the 7 V- quins, in the Year of the City 244. There are feveral De- rivations givert pf the Word; that of Cicero , a Confulenao (a), is generally follow’d. Their Power was at firft the fame as that of the Kings, only reftrain’d by Plurality of Perfons, and Short- pef$ of Time: Therefore Tully calls it Regum Imp er him (b), and Regia Poteflas (c). In War they commanded in chief over Ci- tizens and Affociates ; nor were they lefs abfolute in Peace, ha- ving the Government of the Senate itfelf, which they aftem- bled or difmifs’d at their Pleafure. And tho’ their Authority was very much impair’d, firft by the Tribunes of the People, and afterwards upon the Eftablifhment of the Empire; yet they were ftill imploy’d in confulting the Senate, adminiltring Juft ice, ma- (< j ) Cietro de leg. lib. 3. {b) Ibid, (c) Idem de Pctitione Confulatus. naging ioB Of the Civil Government Part II. nagfng Publick Games, and the like ; and had the Honour to characterize the Year by their own Names. At the firftlnftitutioti this Honour was confin’d to the Nobili- ty ; but in the Year of the City 387, the Commons obtain’d the Privilege of having one of their own Body always an Affociate in this Office. Sometimes indeed the Populacy were fo powerful, as to have bothConfuls chofeout of their Order; but, generally fpeaking, one was a Nobleman, and the other a Commoner. No Perfon was allow’d to fue for this Office, unlefs he was prefent at the Election, and in a private Station ; which gave Occafion to the Civil Wars between Pompey and Ccefary as has been already obferv’d. The common Age requir’d in the Can- didates was forty-two Years. This Cicero himfelf acquaints us with, if we allow a little Scope to his way of Speaking, when he fays, that Alexander the Great, dying in the thirty-third Year, came ten Years fhort of the Confular Age (a). But fomedmes the People difpens’d with the Law, and the Empe- rors took very little Notice of the Reftraint. The time of the Confuls Gov eminent, before Julius Ccefar, was always a compleat Year: But he brought up a Cuftom of fub- ilituting Confuls at any time for a Month or more, according as he pleas’d. Yet the Confuls , who were admitted the firft: of January , denominated the Year, and had the Title of Ordina- rily the others being ftil’d Suffetti (h). The chief Ornaments and Marks of their Authority were the White Robe edg’d with Purple, call’d Pratexta; which in After-times they chang’d for the Toga Palmata , or Pitta, be- fore proper only to liich Perfons as had been honour’d with a Triumph; and the twelve Littors, who went before one of them one Month, and the other the next, carrying the Fafces and the Securis , which, tho’ Valerius Poplicola took away from the Fafces , yet it was foon after added again. Their Authority was equal ; only in fome fmaller Matters, he had the Precedency, according to the Valerian Law, who Was oldeft; and he, according to the Julian Law, who had moft Children. (4) Vtd. Ciceron, Philip, j. (f) Vide Dio . lib. 43, Suet on. in Julio , cap. 76, Ice. CHAP. Book III. of the Romans. CHAP. V. Of the Di£tator and his Mafter of Horfe. T HE Office of Di flat or was of very early Original : For the Latines entring into a Confederacy againft Rome to fup- port 7 arquin's Caufe after his Expulfion,the Senate were under great Apprehenfions of Danger, by reafon of the Difficulty they found in procuring Levies to oppofe them : While the poorer Commons, who had been forc’d to run themfelves into Debt with the Patricians , abfolutely refus’d to lift themfelves, unlefs an Order of Senate might pafs for a general Remiffion. Now the Power of Life and Death being lately taken from the Confuls by the Valerian Law, and Liberty given for an Appeal from them to the People, they could not compel any Body to take up Arms. Upon this Account, they found it neceflary to create a Magiftrate, who for fix IVlonths ffiould rule with abfolute Authority even above the Laws themfelves. The fir ft Perlbn pitch’d upon for this Honour was Titus Largius Flavus , about A. U. C. 253, or 2 fs (*)• This fupreme Officer was call’d Dictator, either becaufehe was Diflus , named of the Conful ; or elfe, from his didating and commanding whatfhouldbe done (b). Tho’ we fometimes meet with the naming of a Diflator upon a fmaller Account, as the holding the Comitia for the Ele&ion of Confuls, the Celebration of publick Games, the fixing the Nail upon Jove's Temple (which they call’d clavum p anger e, and which was us’d in the times of primitive Ignorance, to reckon the Number of the Years, and in the times of latter Superftition, for the averting or driving away Peftilences and Seditions) and the like; yet the true and proper Dictator was he, who had been invefted with this Ho- nour upon the Occafion of dangerous War, Sedition, or any fuch Emergency as requir’d a fudden and abfolute Command (c). And therefore he was not chofenwith the ufual Formalities, but only named in the Night, viva voce, by the Conful (d), and con- firm’d by the Divination from Birds (e). The time affign’d for the Duration of the Office was never lengthned, except out of (a) Dienyf. ^Antiq. lib. j, Liv. lib. 2. if) Ibid. (c) Lipf dc Mngiflrat. cap. 17. (d) Liv. lib. 4. (?) Cicero de Leg. lib, 2. 6 rneer / 1 10 Of the Civil Government Part If. meer neceffity : And as for the perpetual DiBatorflAp of Sylla and Julius Cctfar, they are confefs’d to have been notorious Vio-w lations of the Laws of their Country. There were two othep Confinements which the Dictator was oblig’d to obferve. Fir It* he was never to ftir out of Italy , for fear he fhould take Advan- tage of the Difiance of the Place, to attempt any thing againft the common Liberty (a). Befides this, he was always to march on Foot; only upon Account of a tedious or fudden Expedition he formally ask’d leave of the People to tide (b). But fetting afide thefe Reftraints, his Power was mod abfolute. He might proclaim War, levy Forces, lead them out, or disband them without any Confutation had with the Senate : He could punifh as he pleas’d; and from his Judgment lay no Appeal (c) ; at leaft not ’till in latter Times. To make the Authority of his Charge more awful, he had always twenty-four Bundles of Rods, and as many Axes, carried before him in Publick, if we will believe Plutarch (d) and Polybius (e). Tho’ Livy attributes the firft: Rife of thisCuftom to Sylla (f ). Nor was he only inverted with the joint Authority of both the Confuls ; (whence the Grecians call’d him Awi/VaJ©- or Double Conful ;) but during his Ad.T.i- nifiration, all other Magiftrates ceas’d, except the Tribunes, and left the whole Government intrufted in his Hands (g). This Office had the repute to be the only Safeguard of the Common-wealth in times of Danger, four hundred Years toge* ther: ’Till Sylla and Ccefar having converted it into a Tyranny* aud rendred the very Name odious, upon the Murder of the latter, a Decree pafs’d in the Senate, to forbid the Ufe of it upon any Account whatever for the future (h). The firft thing the Deflator did, was to chufe a Magifter Equi* turn, orMafter of the Horfe,(he himfelf being in ancient Times, by a more general Name term’d Magijler Pofulif) who was to be his Lieutenant-general in the Army, but could a£t nothing with^ out his exprefs Order. Yet in the War with Hannibal , when the flow proceeding of Fabius Maximus created a Sufpicion in the Commons, they voted, that Minutius , his Mafter of the Horfe, fhould have an equal Authority with Fabius himfelf, and be, as it were, another Dictator (i). The like was afterwards pra£tis’d in the fame War upon the Defeat at Cannot, when the Di&ator, M. Junius , being with the Army, Fabius Buteo was (a) Dio Hijl. lib. 3 6. ( b ) Pint, in Fab. Max. (c) Dionyf. lib. (d) In Fab. Max. (?) Hi ft. lib. 3. (f) Epttttn. lib. 89 . (g) Pint, in Fab. Max. (b) Dio t lib , 44. lAppian. lib. 3 . (i) Pint arch, in Fab, Mate. Polybius lib. 3- chofe Ill Book III. of the Roman s 4 diofe a fecond Dictator at Rome , to create new Senators for the fupplying of their Places who had been kill’d in the Bat- tel : Though as foon as ever the Ceremony was over, he im- mediately laid down his Command, and a&ed as a private Per- fon (a). There was another Expedient us’d in Cafes of extreme Emer- gency, much like this Cuflom of creating a Didator\ and that was, to inveft the Confuls, and fometimes the other chief Ma- giftrates, as the Prsetors, Tribunes, &c. with an abfolute and uncontroulable Power. This was perform’d by that fhort yet full Decree of Senate, Dent operam Confutes , &c. ne quid De- triment i capiat Refpublica. Let the Confuls, &c. take Care that the Common-wealth fuffer no Damage . (a) Plutarch , Ibid • CHAP. VI. Of the PRzETORS. T HE Original of this Office, inftituted in the Year of the City 389, is owing to two Occafions : Partly becaufe the Confuls being very often wholly taken up with foreign Wars, found the want of fomePerfonto adminifter Juftice in theCity; and partly becaufe the Nobility, having loft their Appropriation of the Confullhip, were ambitious of procuring to themfelves fome new Honour in its Room (a). At the firft, only one was created, taking his Name a praettndo ; and for the fame Reafon mo ft of the old Latins call’d their Commanders Protores : And the Confuls are fuppos’d to have us’d that Title at their frftlnfti- tution. A.U.C. yoi another Prater was added; and then one of them applied himfelf wholly to the preferving of Juftice among the Citizens, with the Name of Praetor Urhanus,yvh\\e the other appointed Judges in all Matters relating to Foreigners. But up- on the taking in of Sicily and Sardinia, A. U. C. 5*20, two more Prcetors were created to affift the Confuls in the Government of the Provinces ; and as many more upon the entire Conqueft of Spain , A. U. C. yyi. Sylla increas’d the Number to eight; Ju - (a) Vide Liv. lib. 7. circa Princffy 2 lim ii % Of the Civil Government Part II. Bus Crs of the Publick Buildings and Ways, and de- fray’d the Charges of fuch Sacrifices as were made upon the common Account. With refpedt to the latter Part of their Office, they had the Power to punifh an Immorality in any Perfon, of what Order foever. The Senators they might expel the Houfe , which was done by omitting fuch a Perfon when they call’d over the Names. The Equites they punifh’d by taking away the Horfe allow’d them Eqmm admen* at the publick Charge. The Commons they might either remove from a higher Tribe to a lefs honourable; or quite difable them to give their Votes in the Affemblies; or fet a Fine up- on them to be paid to the Treafury. And fome- times when a Senator , or Eques , had been guilty of any notorious Irregularity, he fuffer’d two of ments, or all three at once. The greateft Part of the Cenfor’s publick Bufinefs was per- form’d every fifth Year; when, after the Survey of the People* and Inquifition into their Manners, taken anciently inth zForum, and afterwards in the Villa Pttblica , the Cenfors made a folemn Luftration , or expiatory Sacrifice, in the Name of all the Peo- ple. The Sacrifice confided of a Sow,, a Sheep, and a Bull, whence it took the Name of Suovetaurilia . The Ceremony of performing it they call’d Luflrum condere ; and upon this Account the Space of Five Years came to be figaified bv the Word Lzijlmm, H ' ' ’Tis Senattt ejicerc. Tribu mover e* In Caritwn Ta- bula,! refer re 3 & ar cerium facer e. thefe Puniffi- 94 Of the Religioti of Part If, have been, left they fhould violate the Tokens of Peace and Agreement, by ftaining them with Blood. The Kalends of March was the Matronalia , a Feaft kept by the Roman Matrons to the Honour Of Mars ; to Whom they thought themfelves oblig’d for theHappinefs of bearing of good Children; a Favour Which he firft conferr’d on his own Mi- ftrefs, Rhea (a). This Feaft was the Subject of Horace's Ode, Martiis coelehs quid agam Calendis , &c. On the fame Day began the folemn Feaft of the Salii, and their Prooeflion with the Ancylia , which have been fpoken of before. The Ides of March was the Feaft of Anna Perenna ; in Ho- nour either of the Sifter of Dido , who fled into Italy to Mneas % or of one Anna an old Gentlewoman, that in a great Dearth at Rome^ior fome time furnifhed the common People with Com out of her oWn Store. The Celebration of this Day confifted in Drinking and Feafting largely among Friends. The common People met for this Purpofe in the Fields near the Tiber , and, building themfelves Booths and Arbours, kept the Day with all manner of Sports and Jollity ; wifhing one another to live as many Years as they drunk Cups (b). The fame Day was by a Decree of Senate order’d to be call’d ParricidiuMy for the Murder of Julius Ccefar , which happen’d on it (c ) . Appian, in his fecond Book, tells us of a very diffe- rent Law that Dolabella the Conful Would have preferf’d upon this Occafion ; and that was, to have th« Day call’d ever after, Natalis Ur bis (the Birth-day of the City ;) as if their Liberty had reviv’d upon the Death of Cafar. March the 19th, or the 14th of the Kalends of April , begun the Quinquatrus or Quinquatria , the Feaft of Minerva , conti- nuing five Days. ’T was during this Solemnity; that the Boys and Girls us’d to pray to the Goddefs for Wifdom and Learn- ing, of which fhe had the Patronage: To which Cuftom Jur* venal alludes : . , : :*> ‘ U ~ .. : '£m Eloquium & f am am Demofihenis aut Qiceronis Incipit opt are , & tot is Quinquatribus opt at (d). (a) Ovid, fa/. 3 . V. 233. (b) ibid, T. $23 3 &C. (c) Suetbn. in Jut. { d ) To Book II. the Roman j. To rival Fully or Demofthenes , Begins to wifh in the Quinquatrian Day s 2 And wifiies all the Feaft—— At the fame time the Youths carried their Mailers their Fee, or Prefent, term’d Minerval. April the 1 9th, or the i 3th of the Kalends of May, was the Cere alia. Or Feaft of Ceres , in which Solemnity the chief Adors were the Women. No Perforr that mourn’d was allow’d to bear a Part in this Service ; and therefore ’tis very remarkable, that upon the Defeat at Cann) Ovid. Fajl. 4 . v. 721, &c. (c) ibid. y. 8 q6, ( d ) Ibid . v. jci. ( e ) ibid. v. 943. (/) See Book V. cap. 7* on 96 Of the Religion, &c. Part II. ©n a fudden happen’d a moll wonderful T empeft, accompanied with terrible Thunder, and other unufual Diforders in the Air 0 The common People fled all away to fecure themfelves ; but after the Tempell was over, could never find their King (a). Or elle from Caprificus a wild Fig-Tree, becaufe in the Gal- lic War, a Roman Virgin, who was Prifoner in the Enemies Camp, taking the Opportunity when ftie faw them one Night in a Diforder, got up into a wild Fig-Tree, and holding out a lighted Torch toward the City, gave the Romans a Signal to fall on; which they did with fuch good Succefs as to obtain a confiderable Vidor y (b). The Original of the Saturnalia, , as to the Time, is unknown, Macrobms alluring us, that it was celebrated in Italy long be- fore the Building of Rome (c); the Story of Saturn , in whofe Honour it was kept, every Body is acquainted with. As to the manner of the Solemnity, befides the Sacrifices and other Parts of Publick Worlhip, there were feveral lelTer Obfervations worth our Notice. As firll, the Liberty now allow’d to Ser- vants to be free and merry with their Mailers, fo often al- luded to in Authors. ’Tis probable this was done in Memory of the Liberty enjoy’d in the Golden Age under Saturn , before the Names of Servant and Mailer were known to the World. Befides this, they fent Prefents to one another among Friends: No War was to be proclaimed, and no Offender executed : The Schools kept a Vacation, and nothing but Mirth and Free- dom was to be met with in the City. They kept at firll only one Day, the 14th of the Kalends of January: But the Num- ber was afterwards increas’d to three, four, five, and fome fay, feven Days (d). F (<*) Plutarch, in 'Romm, (b) Plutarch, in %omut. & in Camill. (c) Macreb, Saturn, lib. x. cap. 7. (d) Lipf. SaturnaL lib. i. cap. 3, PART P A R T II. B O O K III. '* — ■ — — — ■ . .. . . . ,., 11 Of the Civil Government of the Roma n s» CHAP. I. Of the General Divifion of the People. 0 MULUS , asfoonas his City was tolerably well fill’d with Inhabitants, made a Diftin&ion of the People according to Honour and Quality ; giving the better fort the Name of Patres i or Patri - cif and the reft the common Title of Plebeiu To bind the two Degrees more firmly together, he recommended to the Patricians fome of the Plebeians to pro- ted and countenance ; the former being ftyl’d Patron: , and the latter Clientes. The Patrons were always their Clients Coun- fellors in difficult Cafes, their Advocates in Judgments; fix Ihort, their Advifersand Overfeersin all Affairs whatever. On the other fide, the Clients faithfully ferv’d their Patrons 5 not only paying them all imaginable Refped and Deference, but if Occafion requir’d, affifting them with Money towards the de- fraying of any extraordinary Charges. But afterwards, Wheii the State grew rich and great, tho’ all other good Offices con- tinu’d between them, yet ’twas thought a diftionourable thing for the better Sort to take any Money of their Inferiors (a). (*) Vide Dionyf \ lib. 2. Liv. lib. t. Plutarch, in \omuU; Q The «p8 Of the Civil Government Part II. The Divilion of the People into the three diftindt Orders of Senators , Knights , and Commons , took its Rife about the time of Tar quin's Expul fion. The Senators were fuch Perfons as had been promoted to fit in the fupreme Council of State, either out of the Nobility or Commons. If out of the latter Order, they had the Honour of a Gold Ring, but not of a Horfe kept at the publick Charge; as Manutius hath nicely obferv’d. The Knights were fuch Perfons as were allow’d a Gold Ring and a Horfe at the Publick Charge. The Commons were all the relt of the People, befides thefe two Orders, including not only the inferior Po- pulacy, but fuch of the Nobility too as had not yet beeneledled Senators , and fuch of the Gentry as had not a compleat Knight’s Eilatc: For Perfons were admitted into the two higher Ranks according to their Fortunes ; one that was worth eight hundred Seftertia , was capable of being chofe Senator ; one that had four hundred, might be taken into the Equeftrian Order. Au- gufius afterwards alter’d the Senatorian Eftate to twelve hun- dred Sejlerces ; but the Equeftrian continu’d the fame. The three common terms by which the Knights are menti- on’d in Roman Authors, are Eques , Equeflrisordinis^wdiEqueftri loco natus . Of which the two former are, in all refpedls, the very fame. But the latter is properly applied to thofe Equites , whofe Fathers were indeed of the fame Order, but had never reach’d the Senatorian Dignity. For if their Fathers had been Senators, they would have been faid to have been born of the Senatorian, and not of the Equefirian Rank (a). When we find the Optimates and the Populares oppos’d in Au- thors, we muft fuppofe the former to have been thofe Perfons, of what Rank foever, who ftood up for the Dignity of the chief Magiftrates, and the rigorous Grandeur of the State; and who car’d not if the inferior Members fuffer’d for the Advancement of Che commanding Powers. The latter we mult take likewife for thofe Perfons of what Rank foever, who courted the Favour of the Commons, by encouraging them to fue for greater Pri- vileges, and to bring things nearer to a Level. For it would be unreafonable to make the fame Diliind ion betwixt thefe Par- ties, as Sigonius and others lay down, “ That the Populares were “ thofe who endeavour’d by their Words and A&ions to ingra- u tiate themfelves with the Multitude ; and the Optimates thole 66 who fo behav’d themfelves in all Affairs, as to make their (?) Vid. F, Mumt. Civ, T{o7y. p. u Coi\- Book III. of the Romans. pp u Conduft approv’d by every good Man.” This Explication agrees much better with the Sound of the Words, than with the Senfe of the Things. For at this Rate, the Optimates and the Populares will be only other Terms for the Virtuous and the Vici- ous ; and it wou’d be equally hard in fuch large Divifions of Men, to acknowledge one fide to have been wholly Honeft, and to affirm the other to nave been entirely Wicked. I knowthatthis Opinion is built on the Authority of Cicero ; but if we look on him, nor only as a prejudic’d Perfon, but as an Orator too, we fliall not wonder, that in diftinguifhing the two Parties, he gave fo in- famous a Mark to the Enemies fide, and fo honourable a one to his own. Otherwife, the Murderers of Cafar, ("Who were the Optimates ,) mult pafs for Men of the highelt Probity ; and the Followers of Augufius, ('who were of the oppolite Faction) mud feem in general a pack of profligate Knaves. It would there- fore be a much more moderate judgment, to found the Diffe- rence rather on Policy, than on Morality; rather on the Prin- ciples of Government, than of Religion and private Duty. There’s another common Divifion of the People into Nobiles , Novi, and Ignobiles , taken from the right of ufing Pi&ures, or Statues; an Plonour only allow’d to fuch whofe Anceftors or themfelves had bore fome Curule Office, that is, had been Cu - rule JEdile , Cenfor , Prator , or Conful. He that had the Pictures or Statues of his Anceftors, was term’d Nobilis ; he that had on- ly his own, Novus ; he that had neither, Ignobilis. So that Jus imaginis was much the fame thing among them, as the Right of Bearing a Coat of Arms among us : And their Novus Homo is equivalent to our upftart Gentleman. For a great while none but the Patricii were the Nobiles , becaufe no Perfon, unlefs of that fuperior Rank, could bear any Curule Office. Hence in many Places of Livy , Saluft , and other Authors, We find Nob Hit as ufed for the Patrician Order, and fo oppos’d to Plebs. But in After-times, when the Commons obtain’d a right of enjoying thofe Curule Honours, they by the fame Means pro- cur’d the Title of Nobiles , and left it to their Pofterity (a). Such Perfons as were free of the City, are generally dillinguifhed into Inge wui. Lib erti , and Libertini. The Ingenui were fuch as had been born free, and of Parents that ha<3 been always free. The Libertini were the Children of fuch as had been made free. Liberti , fuch as had been actually made free themfelves. Vide Sigon, dejttr. Civ. %om, lib. i, cap, z®, G i The so© Of the Civil Government Part II. The two common Ways of conferring Freedom, were by I’eftament , and by Manumiffion. A Slave was faid td be free by Tefiament, when his Matter, in conttderation of his faith- ful Service, had left him free in his laft Will: Of which Cuftom we meet with abundance of Examples in every Hi- ttorian. Thefe kind of Liberti had the Title of Orcini , becaufe their Matters were gone to Orcus. In alluiion to which Cuftom, when after the Murder of Julius Ceefar, a great Number of unwor- thy Perfons had thru ft themfelves into the Senate, without a- ny juft Pretenfions, they were merrily diftinguifhed by the term of Senatores Orcini (a). The Ceremony of ManumiJJion was thus performed : The Slave was brought before the Conful, and in After-times before the Prcetor , by his Mafter, who laying his Hand upon his Ser- vant’s Head, faid to the Prartor, Hunc hominem liberum effe volo ; and with that, let him go out of his Hand, which they term’d e manu emittere . Then the P rector laying a Rod upon his Head, call’d Vindida, faid, Dicoeum liberum effe more Quiritum . Hence Perfius, Vindida poftquam meus a Protore receffi . After this the Lidor taking the Rod out of the P rector* s Hand } llruck the Servant feveral Blows on the Head, Face, and Back; and nothing now remain’d but Pileo donari , to receive a Cap in token of Liberty, and to have his Name enter’d in the Common Roll of Freemen, with the Reafonof his obtaining that Favour. There was a third way of bellowing Freedom, which we do not fo often meet with in Authors; it was when a Slave, by the Confent and Approbation of his Mafter, got his Name to be Inferted in the C efforts Roll: Such a Man was call’d liber cenfu; as the two already mention’d were liber teftamento , and liber manumiffione. (a) Sutton* in Oftav* cap. is* y CHAP. IOI Book III: of the Romans. CHAP. II. Of the SENATE. T HE Chief Council of State, and, as it were, the Body of Magiftrates, was the Senate ; which as it has been generally reckon’d the Foundation and Support of the Roman Greatnefs, fo it was one of the earlieft Con ftitutions in the Republick : For Romulus firft chofe out a hundred Perfons of the belt Repute for Birth, Wifdom, and Integrity of Manners, to aflift him in the Management of Affairs, with the Name of Senatores, or Patres, from their Age and Gravity ; (vel eetate , vel curcefimilitudine Pa- tres appellabantur , fays Salufl : ) a Title as honourable, and yet as little fubjed to Envy, as could poffibly have been pitch’d upon After the Admiffion of the Sabines into Rome, an equal Number of that Nation were join’d to the former Hundred ( a ). And T'arquinius Prifcus, upon his firft Acceffion to the Crown, to in- gratiate himfelf with the Commons, order’d another Hundred to be feleded out of that Body, for an Addition to the Senate (b), which before had been ever fill’d with Perfons of the higher Ranks. Sylla the Didator made them up above Four Hundred ; Julius Cajar Nine Hundred; and in the time of the Second ‘Tri- umvirate , they were above a Thoufand ; no Diftindion being made with Refped to Merit or Quality. But this Diforder was afterwards redified by Augujlus , and a Reformation made in the Senate , according to the old Conflitution (e). The right of naming Senators belong’d at firft to the Kings ; afterwards the Consuls chofe, and referr’dthem to the People for their Approbation: But at laft, the Cenfors engrofs’d the whole Privilege of conferring this Honour. He that flood firfl in the Cenfor’s Roll, had the honourable Title of Princeps Senaius (a): Yet the chief Magiftrates, as the Confuls, Didator, &c. were always his Superiours ill the Houfe. Befides the Eflate of Eight Hundred, or after Auguftus, of Twelve hundred Seftertia, no Perfon was capable of this Dignity, but one that had already born fome Magiftracy in the Gommon- (<* *) Dionyf. lib. 2. (b) Idem. lib. 3. (c) Suet on. in cap.' 3 5. (d) Vid„ *A, GtiU lib. 3. cap. IS. G 3 wealth. 102 Of the Civil Government Part IT. wealth. And that there was a certain Age (even in latter times) requir’d, is plain from the frequent of Ufe ALtas Senatoria in Ally thors. Dio Caffius pofitively limits it to five and twenty (a), which was the fooneft time any one could have difcharg’d the QucejlorJjjip , the firft Office of any conliderable Note : Yet we meet with very many Perfons promoted to this Order, without any Confideration had to their Years; as it ufually happen’d in all other Honours whatever. As to the general Title of Patres Confcripti given them in Au- thors, it was taken as a Mark of Diftindlion, proper to thofe Senators who were added to Romulus' s Hundred either by Tar - quinius Prifcus , or by the People upon the Eftabliffiment of the Common-wealth : But in After-times, all the Number were promifcuoufly ftyl’d Patres , and Patres Confcripti (bf We may take a farther View of the Senators, conlider’d all together as a Council or Body. The Magiftrates, who had the Power of affembling the Sena- tors, were only the Diflator , the Confuls , the Prators, the Tribunes pf the Commons, and the Interrex. Yet upon extraordinary Ac- counts, the fame Privilege was allow’d to the Tribum Miiitum . invejied with Coufular Power , and to the Decemviri, created for the regulating the Laws: and to the other Magiftrates chofen up- on fome unufual Occafion, In the firft times of the State, they were call’d together by a publick Crier; but when the City grew larger, an Edict was publiffi’d to command their Meeting (c). The Places where they aflfembled were only fuch as had been formerly confecrated by th e Augurs, andmoft commonly within the City; only they made Ufe of the Temple of Bellona without the Walls, for the giving Audience to foreign Amhaftadors, and to Inch Provincial Magiftrates as were to be heard in open Senates before they entred the City; as when they petition’d, for a Triumph, and the like Cafes. Pliny too has a very re- markable Obfervation, that whenever the Augurs reported that d an Ox had fpoke , which we often meet with among the Ancient Prodigies, the Senate vyere p.refently to lit fub Dio, or in the open Air (d). As for the time of their Sitting, wemuft haveRecourfe to the common Diftindiion of Sen at us legitimus , and Senatus indiSius. The former was when the Senate met of Courfe,upon ffichDays as the Laws or Cuftom oblig’d them to. Thefe were the Ka- () Ibid, (c) Idem de Pet it lone Confulatus . naging i o 8 Of the Civil Government Part II: Raging Fnblick Games, and the like ; and had the Honour to .characterize the Year by their own Names. At the fir ft Inftitution this Honour was confin’d to the Nobili- ty ; but in the Year of the City 387, the Commons obtain’d the Privilege of having one of their own Body always an Affociate in this Office. Sometimes indeed the Populacy were fo powerful, as to have both Confuis chofeout of their Order; but, generally fpeaking, one was a Nobleman, and the other a Commoner. No Perfon was allow’d to fue for this Office, unlefs he was prefent at the Eledion, and in a private Station; which gave Occafion to the Civil Wars between Pompey and Ccefar ; as has been already obferv’d. The common Age requir’d in the Can- didates was forty-two Years. This Cicero himfelf acquaints us with, if we allow a little Scope to his way of Speaking, when he fays, that Alexander the Great, dying in the thirty-third Year, came ten Years fhort of the Confular Age (a). But fometimes the People difpens’d with the Law, and the Empe- rors took very little Notice of the Reftraint. The time of the Confuis Gov eminent, before Julius Ccefar, was always a compleat Year: But he brought up a Cuftom of fub- ftituting Confuis at any time for a Month or more, according as he pleas’d. Yet the Confuis, who were admitted the firft of January , denominated the Year, and had the Title of Ordina - rii; the others being ftil’d Suffetti (h). The chief Ornaments and Marks of their Authority were the White Robe edg’d with Purple, call’d Prcetexta ; which in After-times they chang’d for the Toga Palmata, or Pitta, be- fore proper only to luch Perfons as had been honour’d wdth a Triumph; and the twelve Littors, who went before one of them one Month, and the other the next, carrying the Fafces and the Securis, which, tho’ Valerius Poplicola took away from the Fafces, yet it was foon after added again. Their Authority was equal ; only in fome fmaller Matters, he had the Precedency, according to the Valerian Law, who was oldeft ; and he, according to the Julian Law, who had tnoft Children. (a) Vid. Ciceron, Philip, $, (b) Vide Dio. lib. 43. $ net on, in Julio , cap. 76, Ice. CHAP., 10 $ Book III. of the Roman s.' CHAP. V. Of the Di&ator and his Mafler of Horfe. T HE Office of Dictator was of very early Original : For the Latines entring into a Confederacy againft Rome to fup- port 7 arquin's Caufe after his Expulfion,the Senate were under great Apprehenfions of Danger, by reafon of the Difficulty they found in procuring Levies to oppofe them : While the poorer Commons, who had been forc’d to run themfelves into Debt with the Patricians, abfolutely refus’d to lift themfelves, unlefs an Order of Senate might pafs for a general Remiffion. Now the Power of Life and Death being lately taken from the Confuls by the Valerian Law, and Liberty given for an Appeal from, them to the People, they could not compel any Body to take up Arms. Upon this Account, they found it necefiary to create a Magiftrate, who for fix IVIonths ffiould rule with abfolute Authority even above the Laws themfelves. The firft Perfon pitch’d upon for this Honour was Titus Largius Flaws , about A. U. C. 253, or 2 ss (*)• This fupreme Officer was call’d Di flat or, either becaufehe was Difius, named of the Conful ; or elfe, from his didating and commanding what ffiould be done (b). Tho’ we fometimes meet with the naming of a Did at or upon a fmaller Account, as the holding the Comitia for the Ele&ion of Confuls, the Celebration of publick Games, the fixing the Nail upon Jove's Temple (which they call’d clavum pangere , and which was us’d in the times of primitive Ignorance, to reckon the Number of the Years, and in the times of latter Superftition, for the averting or driving away Peftilences and Seditions) and the like; yet the true and proper Diflator was he, who had been inverted with this Ho- nour upon the Occafion of dangerous War, Sedition, or any fuch Emergency as requir’d a fudden and abfolute Command (c). And therefore he was not chofenwith the ufual Formalities, but only named in the Night, viva voce, by the Conful (d), and con- firm’d by the Divination from Birds (e). The time alfign’d for the Duration of the Office was never lengthned, except out of (a) Dionyf. lib. 5. Liv. lib, 2. (b) Ibid, (c) Lipf. di Magi fir at. «ap. 17. (d) Liv . lib, 4. (?) Cicero dt Leg . , lib, 3. 6 m?er I ID Of the Civil Government Part IL meer neceffity : And as for the perpetual Diftatorjhips of Sylla and Julius C afar, they are confefs’d to have been notorious Vio-J lations of the Laws of their Country. There were two other 4 Confinements which the Dictator was oblig’d to obferve. Firrt, he was never to ftir out of Italy , for fear he fhould take Advan- tage of the Diftance of the Place, to attempt any thing againft the common Liberty (a). Befides this, he was always to march on Foot ; only upon Account of a tedious or fudden Expedition he formally ask’d leave of the People to tide (b). But fetting slide thefe Reftraints, his Power was moll absolute. He might proclaim War, levy Forces, lead them out, or disband them without any Confutation had with the Senate : He could punifh as he pleas’d; and from his Judgment lay no Appeal (c) ; at leaft not ’till in latter Times. T o make the Authority of his Charge more awful, he had always twenty-four Bundles of Rods, and as many Axes, carried before him in Publick, if we will believe Plutarch (d) and Polybius (e). Tho’ Livy attributes the firft Rife of thisCurtom to Sylla (f ). Nor was he only inverted with the joint Authority of both the Confuls ; (whence the Grecians call’d him Awi/W]®- or Double Conful; ) but during his Adrm- nirtration, all other Magiftrates ceas’d, except the Tribunes, and left the whole Government intrufted in his Hands (g). This Office had the repute to be the only Safeguard of the Common-wealth in times of Danger,four hundred Years toge* ther: ’Till Sylla and Ccefar having converted it into a Tyranny, and rendred the very Name odious, upon the Murder of the latter, a Decree pafs’d in the Senate, to forbid the Ufe of it upon any Account whatever for the future (h). The firft thing th zDifiator did, was to chufe a Magifter EquF turn, orMafter of the Horfe,(he himfelf being in ancient Times, by a more general Name term’d Magifter Populif) who was to be his Lieutenant-general in the Army, but could adt nothing with- out his exprefs Order. Yet in the War with Hannibal , when the flow proceeding of Fabius Maximus created a Sufpicion in the Commons, they voted, that Minutius , his Mafter of the Horfc, ffiould have an equal Authority with Fabius himfelf, and be, as it were, another Diflcvtor (i). The like was afterwards pradtis’d in the fame War upon the Defeat at Cannce , when the Didlator, M. Junius , being with the Army, Fabius Buteo was (a) Dio Hifi . lib. 3 6 . (b) Pint, in Fab. Max. (c) Dionyf. static/. lib. &. (d) In Fab. Max . (f) Hift. lib. 3. (/) Epitom. lib. 89. (g) Plut. in Fab. Max. (b) Dio j lib . 44. ^ippian. lib. if) Plutarch, in Fab, Max. Polybius lib. 3. chofe Ill Book III. of the Romans diofe a fecond Di fiat or at Rome , to create new Senators for the fupplying of their Places who had been kill’d in the Bat- tel : Though as foon as ever the Ceremony was over, he im- mediately laid down his Command, and a&ed as a private Per- fon (a). There was another Expedient us’d in Cafes of extreme Emer- gency, much like this Cuftom of creating a Diflator\ and that was, to invert the Confuls, and fometimes the other chief Ma- giftrates, as the Praetors, Tribunes, &c. with an abfolute and uncontroulable Power. This was perform’d by that rtiort yet full Decree of Senate, Dent operam Confutes, &c. ne quid De- trimenti capiat Refpublica. Let the Confuls , &c, take Care that the Common-wealth fuffer no Damage . (a) Plutarch, Ibid, CHAP. VI. Of the PRiETORS. T HE Original of this Office, inftituted in the Year of the City 389, is owing to two Occafions: Partly becaufe the Confuls being very often wholly taken up with foreign Wars, found the want of fomePerfonto adminifter Jurtice in the City; and partly becaufe the Nobility, having loft their Appropriation of the Confulfhip, were ambitious of procuring to themfelves* fome new Honour in its Room (a). At the firft, only one was created, taking his Name a praeundo ; and for the fame Reafon moft of the old Latins call’d their Commanders Protores : And the Confuls are fuppos’d to have us’d that Title at their firft Infti- tution. A.JJ.C. jo 1 another Prater was added; and then one off them applied himfelf wholly to the preferving of Jurtice among the Citizens, with the Name of Prcetor Urbanus, while the other appointed Judges in all Matters relating to Foreigners. But up- on the taking in of Sicily and Sardinia, A. U. C. 520, two more Prcetors were created to aflift the Confuls in the Government of the Provinces ; and as many more upon the entire Conqueft of Spain, A. U. C. 571. Sylla increas’d the Number to eight; Ju- (a) Vide Liv. lib. 7. circa Priiicif* 2 lifts U2, Of the Civil Government Part IL Hus Ccefar fir ft to ten, and then to fixteen; the fecond Tr'mm - mri, after an extravagant manner, to fixty-four. After this, fometimes we meet with twelve Prcetors , fome- times fixteen or eighteen ; but in the Declenfion of the Empire they fell as low again as three. When the Number of the Prcetors was thus encreas’d, and the Quceftiones , or Enquiries into Crimes, made perpetual, and not commicted to Officers chofen upon fuch Occafions, the Prcetor Ur b anus (and, as hipfius thinks, the Prcetor Peregrinusf) un- dertook the Cognizance of private Caufes, and the other Prae- tors that of Crimes. The latter therefore were fometimes call’d Qucejitores , quia queer eb ant de Crimine ; the firft barely y/zr dice - bat. Here we muft cbferve the Difference between jus die ere zud judicare i the former relates to the Prcetor , and fignifies no more than the allowing an A&ion, and granting Judices for determining the Controverfy ; the other is the proper Office of the Judices allow’d by the Prcetor , and denotes the adlual hear- ing and deciding of a Caufe (a). (*) P. Manat, de legibns 3 p. CHAP. VIL Of the GENS 0;R S„ f T' H E Cenfus , or Survey of the Roman Citizens and their E - -*■ ftates (from Cenfeo , to rate , or value ) was introduc’d by Ser~ vius lullius , the fixth King, but without the Affignment of any particular Officer to manage it : And therefore he took the trou- ble upon himfelf, and made it a Part of the Regal Duty. Up- on theExpulfion of the the Bull nefs fell to th c£onfuIs t and continu’d in their Care, ’till their Dominions grew fo large as to give them no Leifure for its Performance. Upon this Ac- count, it was wholly omitted feventeen Years together, ’till A.U.C. 31 1, when they found the Neceffity of a new Magi- ftracy for that Employment, and thereupon created two Cen- fors: Their Office was to continue five Years, becaufe, every fifth Year the general Survey of the People us’d to be perform’d: But when they grew to be the moft confiderable Perions in the State, for fear they Ihould abufe their Authority, A.U.C. 420, a Law Book III. of the Romans. ii* Law pafs’d, by which their Place was confin’d to a Year and a half ; and therefore, for the future, tho’ they were eledted every five Years, yet they continu’d to hold the Honour no longer than the time prefix’d by that Law. After the fecond Punic k War, they were always created out of fuch Perfons as had been Confuls , though it fometimes hap- pen’d otherwife before. Their Station was reckon’d more Honou- rable than the Confulfhip, though their Authority, in Matters of State, was not fo confiderable. And the Badges of the two Offices were the fame, only that the Cenfors were not allow’d the Litiors to walk before them, as the Confuls had. Lipfius divides the Duty of the Cenfors into two Heads; the Survey of the People, and the Cenfure of Manners. As to the former, they tookanexad Account of the Ellates and Goods* of every Perfon, and accordingly divided the People into their proper C Ioffes and Centuries. Belides this, they took Care of the publick Taxes, and made Laws in Reference to them. They were Infpe&ors of the Publick Buildings and Ways, and de- fray’d the Charges of fuch Sacrifices as were made upon the common Account. With refpedt to the latter Part of their Office, they had the Power to punifh an Immorality in any Perfon, of what Order foever. The Senators they might expel the Houfe , which was done by omitting fuch a Perfon when they call’d over the Names. The Equites they punifh’d by taking away the Horfe allow’d them at the publick Charge. The Commons they might either remove from a higher Tribe to a lefs honourable; or quite difable them to give their Votes in the Affemblies; or fet a Fine up- on them to be paid to the Treafury. And fome- times when a Senator , or Eques , had been guilty of any notorious Irregularity, he fuffer’d two of thefe Puniffi- ments, or all three at once. The greateft Part of the Cenfor* s publick Bufinefs was per- form’d every fifth Year; when, after the Survey of the People* and Inquifition into their Manners, taken anciently inth ) In Mum. (c) Dio, j. $2. Tacit. sAnnal. 4. 5. Limits Book III. of the Romans. hi Limits of Rome , or an hundred Miles round. Before this, there was fometimes a Prafedus Urbis created, when the Kings, or greater Officers, were abfent from the City, to adminiffer Ju- itice in their Room (a). Prafedus TErarii : An Officer chofe out of fuchPerfons as had difcharg’d the Office of Prator, by Auguftus, to fupervife and regulate the publick Fund, which he rais’d for the Maintenance of the Army (b). This Projedt was reviv’d by feveralofhis SuccefTors. Prafedus Praterio : Created by the fame Emperor, to com- mand the Pratorian Cohorts , or his Life-Guard, who borrowed their Namefrom the Pratorium, or General’sT ent,all Command- ders in Chief being anciently fly I’d Pratores. His Office anfwer’d exadlly to that of th eNLagifter Equitum under the old Didators, only his Authority was of greater Extent, being generally the highell Per foil in Favour with the Army. And therefore when the Soldiers once came to make their own Emperors, thecom- fnon Man they pitch’d upon was the Prafedus Pratorio . Prafedus Frumenti , and Prafedus Vigilum : Both owing their Inftitution to the fame Auguflus. The firff was to infpedt and regulate the Diftribution of Corn, which us’d to be often made among the common People. The other commanded in Chief all the Soldiers appointed for aconllant Watch to the City, being a Cohort to every two Regions. His Bufinefs was to take Cognizance of Thieves, Incendaries, idle Vagrants, and the like; and had the Power to puiiifh all petty Mifdemeanors, which were thought too trivial to come under the Care of the Prafedus Urbis. In many of thefe inferior Magiftracies, several Pcrfons were join’d inCommiffion together; and then they took their Name from the Number of Men that compos’d them. Of this Sort we meet with the Triumviri, or Trefviri Capitales ;The Keepers of the publick Goal; they had the Power to punifh Malefadtors, like our Ma- ilers of the Houfes of Corre&ion, for which Service they kept eight Lidors under them; as may be gather’d from Plautus : Quid faciam nunc ft Trefviri me in carcerem compegerint ? Inde eras e promptuarid celld depromar adflagrum : Itaquaji incudem me miferum odo homines validi cadent (c). Triumviri Nodurni : mention’d by Livy (d) and Tacitus (e) y inftituted for the Prevention of Fires in the Night. (a) Ibid. ( b ) Dio. 1 . 55. (e) In ^Am^hitr. ( d ) Lib. 9, (c) xAnnal. lib. j. Trium - 1 2 2 Of the Civil Government Part II. Triumviri Monetales : The Mafters of the Mint : Sometimes their Name was wrote 'Triumviri A. A . JE. F. F. (landing for Auro , Argento , Aire, Flando , Feri^ndo. Quatuor Viri Viarum curandarum ; Perfons deputed by the Cenfor to fupervife the publick Ways. Centumviri , and Decemviri Litibus judicandis : The fir ft were a Body of Men chofe, three out of every Tribe, for the judg- ing of fuch Matters as the Praetors committed to their Decifion; which are reckon’d up by Cicero in his Firft Book de Oratore. The Decemviri feem to have been the principal Members of the Centumvirate , and to have prefided under the Praetor in the ju- diciae Centumviralia. Thefe were fome of the firft Steps to Pre- ferment, for Perfons of Parts and Induftry ; as was alfo the Fi- gintiviratus , mention’d by Cicero , Tacitus , and Dio ; which* perhaps, was no more than a feledt Part of the Centumviri. The proper Sign of Authority, when thefe Judges adled, was the letting up a Spear in the Forum. Sett trepidos ad jura decern citat haflavirorum , Seu fir mare jubet centeno judice caufam. Lucan. The Learned Gravius obferves, that a Spear was the common Badge and Enfign of Power amongft the Ancients, and therefore given to the Gods, in their Statues, and to Kings and Princes till it was fuccceded by the Scepter (a). A Spear was likewile fe$ up at the Collections of the Taxes by the Cenfors ; andatalM#- dlions, Publick or Private, to fignifie that they were done by a Lawful Commiflion : Whence the Phrafe, Sub hajld vendi. There are other Officers of as little Note behind, who had no fix’d Authority, but were conftituted upon fome particular Oc- cafions : Such as the DuumviriPerdueUionis,JiveCapitales , Officers created for the Judging of Traytors. They were firft introduc’d by Tullus Ho~ ftilius ; continu’d as often as Neceffity requir’d, under the reft of the Kings, and fometimes under the Confular Government, at its firft fnftitution. But after they had been laid down many Years, as unnecdrary, Cicero , in the latter times of their Com- mon-wealth, complains of their Revival by Labienus , Tribune .of the Commons (b). Quajlores , or Quacjlores Parricidii,vel Rerum Capitalium ; Ma- gi ft rates chofenby the People to give Judgment in Capital Caufes, (a) Prafat. II. Tom . Tbefmr. ^Antiq. %om. (») Cieero, Or at. pro C. %abirio Pcrdnellionis 7? f? 0 after . Book III. of the Romans! 123 after the Confuls were deny’d that Privilege, and before the Quceftiones were made perpetual. The publick Servants of the Magistrates had the common Name of Apparitor es , from the Word Appareo , becaufe they always flood ready to execute their Mafters Orders. Of thefe, the moft remarkable were the Scriba ; a fort of publick Notaries, who took an Account of all the Proceedings in the Courts : In fome meafure too they anfwer’d to our Attornies, inafmuch as they drew up the Papers and Writings which were produc’d before the Judges; Notarius and Attuarius fignifying much the fame Office. Accenfi and Pmcones , the publick Cryers, who were to call Witneffes, fignify the Adjournment of the Court, and the like. The former had the Name from Accieo , and the other from Preecieo. The Preecones feem to have had more Bufinefs af- fign’d them than the Accenfi ; as, the proclaiming Things in the Street ; the affifting at publick Sales, to declare how much eve- ry one bids ; whereas the Accenfi more nearly attended on the Magiftrates : And at the Bench of JuJlice , gave Notice, every three Hours, what it was a-clock. Lift ores : The Serjeants, or Beadles, who carried the Fafces before the fupreme Magiftrates ; as the Interreges, Dittators , Confuls and Prators. Belides this, they were the publick Exe- cutioners in Scourging and Beheading. The Liftors were taken out of the common People, where- as the Accenfi, generally belong’d to the Body of the Libertini 9 and fometimes to that of the Liberti (a ) 9 The Viatores were little different from the former, only that they went before the Officers of lefs Dignity, and particularly before the "Tribunes of the Commons. In ancient Times they were us’d to call the plain Senators out of the Country, whence Tully in his Cato Major derives their Name; as if they were to ply about the Roads and Parks, and to pick up an AfTembly of Rural Fathers, who perhaps were then imployed in driving, or keeping their own Sheep. We muft not forget the Carnifex , or common Hangman, whofe Bufinefs lay only in Crucifixions. Cicero has a very good Obfervation concerning him; That by reafon of the CT dioufnefs of his Office, he was particularly forbid by the Laws to have his Dwelling-houfe within the City (b). (a) Vid, Sigon, de *Antiq. Jar, Civ . 7?0^. life, a, cap, 15. (b) Cicero pro "fabirio, C H A P. 124 Of the Civil Government Part. II. CHAP. xiv. Of the Provincial Magiftrates 5 and fir ft of the Proconsuls. T HE Chief of the Provincial Officers were the Proconfuls. Whether the Word ought to be written Proconful , and declin’d, or Proconfule , and undeclin’d, Grammatici cert ant, c 5f adhuc fub judice Its eft. We may divide thefe Magiftrates into four Sorts ; Firft, Such as being Confuls , had their Office prolong’d be- yond the Time prefix’d by Law. Secondly, Such as were inverted with this Honour, either for the Government of the Provinces, or the Command in War, who before were only in a private Station. Thirdly, Such as immediately upon the Expiration of their Confulftjip , went Proconfuls into the Provinces, in the Time of the Common-wealth. Fourthly, Such Governors as in the Times of the Empire, were fent into thofe Provinces which fell to the Share of the People, Proconfuls of the two former Sorts we meet with very rare- ly, only Livy gives us an Example of each (a). The third Kind more properly enjoy’d the Marne and Digni- ty, and therefore deferve to be defcribed at large, with reference to their Creation, Adminiftration, and Return from their Com- mand. They were not appointed by the People, but when at the Comitia Centuriata new Confuls were defign’d for the follow- ing Year ; one of the prefent Confuls propos’d to the Senate what Province they would declare Confular , and what Prato - rian, to be divided among the defigrfd Confuls and Prators. According to their Determination, the defign’d Confuls , or Con- fuls eledt , prefently agreed what Provinces to enter upon at the Expiration of their Office in the City, the Bufinefs being gene- rally decided by calling Lots. { ( ) Yid. Gell, lib. 1$, cap, io» I a Yet I 232 Of the Civil Government Part II. Yet at the Eledtion of the Cenfors , this Cuftom did not hold; but as foon as they were pronounc’d eledted, they were imme- diately in veiled with the Honour (a). By the Inftitution of thefe Comitia , Servius Tullius fecretly convey’d the whole Power from the Commons : For the Centuries of the firft and richeil Clafs being call’d out firft, who were three more in Number than all the reft put together, if they all agreed, as generally they did, the Bulinefs was already decided, and the other ClaJJes were needlefs and infignificant. However the three laft fcarce ever came to Vote (b). I he Com mons, in the time of the f ree State, to redline this Disadvantage, obtain’d, that before they proceeded to Voting any Matter at thefe Comitia , that Century fhou’d give their Suf- frages firft, upon whom it fell by Lot, with the Name of Centu- turia Prarogativa ; the reft being to follow according to the Order of their ClaJJes. After the Conftitution of the five and thirty ! 'Tribes , into which the ClaJJes and their Centuries were divided, in the firft place, the ‘Tribes caft Lots, which ihou’d be the Pre- rogative-Tribe ; and then the Centuries of the Tribe, for the Ho- nour of being the Prerogative-Century. All the other T ribes and Centuries had the Appellation of Jure vacates , becaufethey were call’d out according to their proper Places. The Prerogative -Century being chofe by Lot, the chief Magi- lirate fitting in a * Tent in the Middle of the * Tabernacuhtm. Campus Martins, order’d that Century to come out and give their Voices; upon which they prcfently feparated from the reft of the Multitude, and came in- to an enclos’d Apartment, which they term’d Septa , or Ovilia , paffing over the Pontes , or narrow Boards, laid there for the Occaiion; on which Account, de Ponte Jejici is to. bedeny’dthe Privilegeof Voting, and Perfons thus dealt with, are call’d De - font ant. At the hither End of the Pontes , ftood the Diribitores ( a fort of Under-Officers, called fo from dividing or marfhalling the TcopleJ and deliver’d to every Man, in the E- TdelU. ledtion of Magistrates, as many Tablets as there appear’d Candidates, one of whole Names was written upon every Tablet. A fit Number of great Chefts were fet ready in the Septa, sue! every Body threw, in which Tablet he pleas’d. By I (a) Liv% iib. 40. {bfDionyf. lib. 4. Book III. of the Romans. 133 By the Chefts were placed fome of the publick Servants, who taking out the Tablets of every Century, for every Tablet made a Prick, or a Point, in another Tablet which they kept by them. Thus the Bufinefs being decided by molt Points, gave Occalion tothePhrafe of Omne tuht pundum (a), and the like. The fame Method was obferv’d in the judiciary Procelfes at th efeComitia, and in the Confirmation of Laws; except that in both thefe Cafes only two Tablets wereoffer’d to every Per fon, on one of which was written U.R. and on the other A . in Capi- tal Letters; the two firft Handing for Uti Rogas , or, Beit as you. defire , relating to the Magiftrate who propos’d the Queftion ; and the laft for Antiquo , or, 1 forbid it. ’Tis remarkable, that tho’ in the Ele&ion of Magiftrates, and in the Ratification of Laws, the Votes of that Century, whofe Tablets were equally divided, lignified nothing; yet in Tryals of Life and Death, if the Tablets pro and con were the fame in Number, the Perfon was adlually acquitted (b). The Divifion of the People into Tribes , was an Invention of Romulus , after he had admitted the Sabines into Rome ; and tho’ he conftituted at that time only three, yet as the State encreas’d in Power, and the City in Number of Inhabitants, they rofe by De- grees to five and thirty. For a long time after this Infti- tution, a Tribe lignified no more than fuch a Space of Ground with its Inhabitants. But at laft the Matter was quite alter’d, and a Tribe was no longer Pars Unbis but Ciwtatis; not a Quar- ter of the City, but a Company of Citizens living where they pleas’d. This Change was chiefly occalion’d by the Original Dif- ference between the Tribes in point of Honour. For Romulus having committed all Sordid and Mechanic Arts to the Care of Strangers, Slaves, and Libertines, and referv’d the more honeft Labour of Agriculture to the Free-men and Citizens, who by thisacfive Courfe of Life might be prepar’d for Martial Service; th eTribus Ruftica were for this Reafon efteem’d more honoura- able than the Urban# : And now all Perfons being defirous of get- ting into the more creditable Divifion, and there being feveral Wtfys of accomplifhing their Wifhes, as by Adoption, by the Power of the Cenfors and the like; that Rujlic Tribe which had moft worthy Names in its Roll, had the Preference to all others, tho’ of the fame general Denomination. Hence all of the fame great Family, bringing themfelves by Degrees into the fame Tribe, gave the Name of their Family to the Tribe they ho- (*) (*) Hot. de ^ irte Foot, (b) Dionyf. lib, 7. nour’d; 134 Of doe Oivil Government Part II. nour’d; whereas at firft, the Generality of the "Tribes did not borrow their Names from Perfons but from Places (a). The firft Aftembly of the Tribes we meet with, is about the Year of Rome 263, conven’d by Sp- Sicinius , Tribune of the Commons, upon Account of the Tryal of Coriolanus, Soon after the Tribunes of the Commons were order’d to be ele&ed here; and at laft all the interior Magiftrates and the Collegiate Friefts. The fame Comitia ferv’d for the enadfing of Laws re- lating to War and Peace, and all others propos’d by the Tribunes and Plebeian Officers, tho’ they had not properly the Name of Leges , but Plebifcita. They were generally conven’d by the Tribunes of the Commons; but the fame Privilege was allow’d to all the chief Magiftrates. They were confin’d to no Place, and therefore fometimes we find them held in the Comitium, fometimes in the Campus Mar- tins, and now and then in the Capitol. The Proceedings were, in moft refpedls, anfwerable to thofe already defcrib’d in the Account of the other Comitia, and there- fore need not be infilled on; only we may further obferve of the Comitia in general, that when any Candidate was found to have moft Tablets for a Magiftracy, he was declar’d to be defign'd or elected by the Prefident of the Aftembly : And this they term’d renunciari Conful , Prator , or the like : And that the laft fort of the Comitia only could be held without the Confent and Approbation of the Senate , which was neceftary to the conve- ning of the other two (b). (a) See Mr. Walker of Coins, p. 116. (b) Dionyf. lib. % CHAP. XVIL Of the Roman Judgments > and firft of Private Judgments . A Judgment , according to Ariftotle' s Definition, is no more than K eiffts ro xj dTw, the Decifion of Right and Wrong. The whole Subjedl of the Roman Judgments is admirably ex- plain’d by Sigonius in his three Books de Judiciis , from whom, she following Account is for the tnoft part extrafted. Judgments^ Book III. of the Romans. 13J Judgments , or Determinations of a proper Judge , were made either by a competent Number of feledl -.Judges, or by the whole People in a General Aflembly. Judgments made by one or more fele6t Judges , may be divi- ded into publick and private, the firlt relating to Controverfies, the fecond to Crimes. The former will be fufficiently defcrib’d, if we confiderthe Matter, or Subjedl, of thefe Judgments, the Perfons concern’d in them, and the Manner of Proceeding. The Matter of private Judgments takes in all forts of Caufes that can happen between Man and Man ; which being fo valtly extended, and belonging more immediately to the Civil Law, need not here be infilled on. The Perfons concern’d were the Parties, the Afiillants, and the Judges. The Parties were the ./ftforand Reus , the Plaintiff and De~ fendant. < The Afiillants were the Procurators, and the Advocati, of whom, tho’ they are often confounded, yet the fir It were pro- perly fuch Lawyers as aflilted the Plaintiff in proving, or the De- fendant in clearing himfelf from the Matter of Fa£t : The other, who were likewife call’d Patroni , were to defend their Client’s Caufein Matters of Law (a). Both thefe were fele&ed out of the ablelt Lawyers, and had their Names entred in the Matriculation-Book of the Forum , This was one Condition requifite to give them the Liberty of Pleading ; the other was the being retain’d by one Party, or the receiving a Fee, which they term’d Mandatum (b). The Judges, befides the Prator , or fupremeMagillrate, who prefided in the Court, and allow’d and confirm’d them, were of three forts ; Arbitri, Recuperators, and Centumviri Litibus judicandis. Arbitri, whom they call’d limply Judices , were appointed to determine in fome private Caufes of no great Confequence, and of very eafie Decifion. Recuperators were aflign’d to decide the Controverfies about receiving or recovering Things which had been loll or taken a- way. But the ufual Judges in private Caufes, were the Centumviri ; Three of which were taken out of every Tribe , fo that their Number was five more than their Name imported; and at length ( 4 ) ZoHtb t Eltmnt, Jnriftrnd, p. J. Se&. |. (f) Ibid* I 4 increas’d 13 6 Of the Civil Government Part II. increas’d to an hundred and eighty. ’Tis probable that the Arb’itn and Recuperatores were aifign’d out of this Body by the Prcetor. The manner of carrying on the private Suits was of this Na- ture. The Difference tailing to be made up between Friends, the injur’d Perffon proceeded in jus reum vocare , tofummonor cite the offending Party to the Court; who was oblig’d immedi- ately to go with him, or elfe to give Bond for his Appearance; according to the common Maxim, In jus vocatus aut eat , aut fatifdet. Both Parties being met before the Prcetor, or other fupreme Magiffrate preffding in the Court, the Plaintiff propos’d the A£U- 011 to the Defendant, in which he defign’d to fuehim: This they term’d Edere Adionemfoeing perform’d commonly by writing it in a T ablet, and offering it to Defendant, that he might fee whether he had belt compound, or (land the Suit. In the next place came the Poftulatio Axioms, or the Plaintiff’s defiring Leave of the Prcetor to profecute the Defendant in fuch an Adion: This being granted, the Vldixiuffivadabatur reum , oblig’d him to give Sureties for his Appearance on fuch a Day in the Court ; and this was all that was done in pubiick, before the prefix’d Day for the Tryal. In the mean time, the Difference us’d very often to be made up, either Pranfiadione, or Pado, by letting the Caufefall as du- bious and uncertain ; or by Cpmpofition for fo much Damage to be afcertain’d by an equal Number of Friends. On the Day appointed for Hearing, the Prcetor order’d the feveral Bills to be read, and the Parties to be fummon’d by an. Aecenfus or Beadle. Upon the Default of either Party, the De- faulter ioff his Caufe. The appearing of both they term’d fie Jletijfe; and then the Plaintiff proceeded Litem five Adionem intender e , to prefer the Suit; which was perform’d in a fetForm of Words, varying according to the Difference of the Adions. After this, the Plaintiff defir’d judgment of the Prcetor ; that is, to be allow’d a Judex, ox Arbiter, or elfe the Recuperatores or Ventumviri, for the hearing and deciding the Buffnels ; but none of thefe could be delirM, unlefs both Parties agreed. The Prcetor When he affign’ci them their Judges, at the fame time, defin’d the Number of Witneffes, to hinder the protrading of the Suit; and then the Parties proceeded to give Caution, that the Judg- ment, whatever it was, fhould ftand and be perform’d on both lides. The Judges always took a folemn Oath to be impartial ; and the Parties fwpre they did not go to Law.withaddjgn to abufe one Book III. of the Romans. 137 one another: This they call’d Juramkntum C alumni#. Then be- gan the Difceptatio Cauf#, or difputing the Cafe, manag’d by ihe Lawyers on both fines; with the Affifiance of Witnefles, Writings and the like; theUfe of "which is fo admirably taught in their Books of Oratory. In giving Sentence, the major Part of the Judges was requir’d to overthrow theDefendant.Ifthe Number was equally divided the Defendant was a&ually clear’d; and if half condemn’d him in one Sum to be paid, and half in another, the lead Sum al- ways flood good (a). The Confequence of the Sentence was either in integrum re - Jlitutio, Addiftio^ Judicium C alumni #, or Judicium falji. The firft was, when upon Petition of the Party who was over- thrown, the Prcetor gave him Leave to have the Suit come on a- gain, and allow’d him another full Hearing. Addidio was, when the Party who had been cad in fuch a Sum, unlefs he gave Surety to pay it in a little time, was brought by the Plaintiff before the Prator, who deliver’d him into his Difpofal, to be committed to Prifon, or otherwife fecur’d, till Satisfaction was made. Judicium C alumni#, was an A&ion brought againd the Plain* tiff for falfe Accufation. Judicium falji) was an A£tion which lay againd the Judges for Corruption and unjud Proceedings. (a) ZoHch. Element, p. 5. Se£t. 10. CHAP. XVIII. Of Publick JUDGMENTS . Tp OR the Knowledge of Publick Judgments, we may take Notice of the Crimes, of the Punifhments, of th zQuafitors and Judges, of the Method of Proceeding, and of the Confe- quences of the Tryal. The Crimes, or the Matter of the publick Judgments, were iuch A6fions as tended either mediately, or immediately, to the Prejudice of the State, and were forbid by the Laws. As if any Perfon had derogated from the Honour and Majedyof the Com- mon-wealth; had embezell’d or put to ill Ufes the publick Mo- ney, or any Treafure confecrated to Religion; or had corrupted 1 3 § Of the Civil Government Part II. the Peoples Votes in an Eledion; or had extorted Contributions from the Allies ; or receiv’d Money in any Judgment; or had % us’d any violent Compulfion to a Member of the Common- wealth : Thefe they term’d C rimina Majejlatis, peculates, ambi- tus, repetundarum , and vis publica. Or if any Perfon had kill’d another with a Weapon, or effected the fame with Poyfon; or laid violent Hands on his Parents ; or had forg’d a Will ; or counterfeited the publick Coin; or had corrupted another Man’s Wife; or had bought, bound, or conceal’d a Servant without the Knowledge of his Mafter : Whence thefe Crimes took the Names of, inter fuarios , veneficii , parricidii , falji , adulterii , fiagi't. Befides thefe, any private Caufe, by vertue of a new Law, might be made of publick Cognizance. As to the Punilhments, they may be allow’d a Chapter by themfelves hereafter. The Inquifition of criminal Matters belong’d at firfl to the Kings, and after the Abrogation of the Government, for fome time, to theConfuls : But being taken from them by the Valerian Law , it was conferr’d,as Occafions happen’d, upon Officers de- puted by the People, with the Title of Quaefitores Parricidii. But about the Year of the City 604, this Power was made perpetual, and appropriated to the Praetors , by vertue of an Order of the People at their annual EledHon ; the Inquifition of fuch and fuch Crimes being committed to fuch and fuch Praetors : Yet upon extraordinary Occafions, the People could appoint other Quafi- tores , if they thought convenient. Next to the Quaefitor, was the Judex Quaeflionis ; call’d alfo by Afconius,PrincepsJudicumfjvho,tho‘ > he is fometimes confounded with the Prcetor , yet was properly a Perfon of Note, deputed by the Prcetor , to manage the Tryal, of which the former Magi- Itrate perform’d only the main Bufinefs. After him were thejudices felefii, who were fummon’d by the Prcetor to give their Verdi# in criminal Matters, in the fame manner as our Juries. What alterations were made in different Times as to the Orders of the People whence the Judices. were to be taken, will be obferv’d when we fpeak of the particular Laws on this Head (a). No Perfon could regularly be admitted into the Number, unlefs five and twenty Years of Age (b). As to the Method of the Proceedings, the firft A#ion, which they term’d in jus vocatio , was much the fame in publick as in (a) Cap, (b) Vid. cm. Prafut, ad Vol. I, Antiq. Rom. pri- Book III. of the Romans. 139 private Caufes : But then, as the Pofiulatio of the Plaintiff con- fided in defiring Leave of the Prator to enter a Suit againfi: the Defendant : fo here the Accufer defir’ d Permiflion to enter the Name of the Offender, with the Crime which he objedted to him: This they call’d Nominis delatio ; being perform’d firfi: vi- id voce , in a Form of Words, according to the Nature of the Crime, and then offer’d to the Prator, being writ in a Tablet; if approv’d by the Prator , the accus’d Party’s Nature was en- tered in the Roll of Criminals ; both Perfons having taken the Oath of Calumny already fpoken of. At the Entrance of the Name, the Praetor appointed a fetDay for the Tryal : And from that Time the accus’d Perfon chang’d his Habit, going in Black ’till the Tryal was over, and ufing in his Drefs and Carriage all tokens of Sorrow and Concern. Upon the appointed Day, the Court being met, and both Parties appearing, the firfi: thing that was done, was the forti- tiojudicum , or impannelling the Jury; perform’d commonly by th q Judex Quaftionis , who took by Lot fuch a Number out of the Body of the Judices feledi, as the particular Law on which the Accufation was founded, had determin’d ; Liberty being given to both Parties to rejedt (or, as we call it, to chal- lenge) any that they pleas’d, the Prat or, or Judex Quaftionis % fubftituting others in their Places. The Jury being thus chofen, was cited by the publick Ser- vants of the Court; and when the proper Number appear’d, they were fworn, and then took their Places in the Subfellia t and heard the Tryal. In this we may reckon four Parts, Accufatio , Defenfio , Lau- datio , and Latio fententia. Accufatio is defin’d, Perpetua ratio ad crimina infer enda atcfue augenda artificiofe compofita ; A continued Oration artificially com- pos'd for the making out, and heightening the Crimes alledg'd: For it did not only confift in giving a plain Narration of the Matter of Fadt, and confirming it by Witnefles and other Evidences; but in bringing of other Arguments too, drawn from the Nature of the Thing, from the Character of the accus’d Perfon, and his for- mer Courfe of Life, from the Circumftances of the F adt, and feve- ral other Topicks, which the Orators teach us to enlarge upon: Nor was the Accufer limited in refpedt ofTime, being allow’d commonly as many Days as he pleas’d, to make good his Charge. Defenfio belong’d to the Lawyers or Advocates retain’d by the accus’d Party, who in like manner were allow’d to fpeak as many Pays as they pleas’d, towards the clearing of their Client. The three 140 Of the Civil Government Part II. three common Methods they took, were Fadi negatio , negatio Kominis fadi, or prohat 10 jure fadmn : either plainly to deny the Matter of Fa£t, and endeavo r to evince the contrary ; or elfe to acknowledge theFa£t,and yet to deny that it fell under the Na- ture of the Crime obje&ed: Or,laftly,to-prove the Fa& lawful. The firflway of Defence was generally us’d when the Perfon flood indidled of what they call’d Crimen repetundarum , and Crimen ambitus ; the next in the Crimen Majejlatis ; and the laft in Cafes of Murder. Cicero has given us an excellent Example in every kind. Of the firfl in his Orations for Fonteius , Flaccus , Murcena , and Plancius : Of the fecond in that for Cornelius ; and of the third in his admirable Defence o £ Milo. Laudatio was a Cuftom like that in our Tryals, of bringing in Perfons of Credit to give their Teflimony of the accus’d Perfon’s good Behaviour, and Integrity of Life. The lead Number of thefe Laudator es us’d to be ten. In the Latio Sententice , or pronouncing Sentence, they pro- ceeded thus: After the Orators on both lides had faid all they deiign’d, the Cryer gave Notice of it accordingly; and then the Prcetor fent out the Jury to confult ( mittebat Judices in conji- iium) delivering to every one three Tablets cover’d with Wax, one of Abfolution, another of Condemnation, and a third of Am- pliation, or Adjournment of the' Tryal ; the firfl being mark’d with the fecond withC; the other with N. L. or non liquet. In the Place where the Jury withdrew, was fet a proper Number of Urns, or Boxes, into which they threw what Tablet they pleas’d; the accus’d Perfon proftrating himfelf all this while at their Feet, to move their Companion. The Tablets being drawn, and the greateft Number known, the P rcet or pronounc’d Sentence accordingly. The Form of Condemnation was ufually Videtur fecifje , or Non jure videtur fecijj'e : Of Abfolution, Non videtur feciffe : Of Ampliation, Amplius cognofcendum ; or rather the bare Word A MPLUJS ; This Afconius teaches us ; Mqs veterum hie fuerat , ut fi abfoF- vendus quis effet , jlatim abfoheretur ; fi damn an du s, flat im dam - naretur ; Ji caufa non ejjet idonea ad damnationem , abfolvi tamen non pojfiet , A M P LIUS pronunciareiur. Sometimes he men- tion’d the Punifhment, and fometimes left it out, as being de- termin’d by the Law, on which the Indidlment was grounded. The Confequences of the Tryal in criminal Matters, may be reduc’d to thefe four Heads, JEftimatio litis , Animadverfio , Judicium c alumni a, and Judicium pravaricationis. JEftimatio Book III. of the Roma n s. 14 i Mftimatio litis , or the Rating of the Damages, was in Ufe only in Cafes of Bribery, and abufe of the publick Money. Animadverfio , was no more than the putting the Sentence in Execution, which was left to the Care of the Prator. But in cafe the Party was abfolved, there lay two Adrians againft the Accufer ; one of Calumny, the common Punifh- ment of which was Frontis inuftio, burning in the Fore-head: And the other of Prevarication, when the Accufer, inftead of urging the Crime home, feem’d rather to hide or extenuate the Guilt : Hence the Civilians define a Prevaricator, to be One that betrays his Caufe to the Adverfary , and tarns on the Crimi- nal's Side , whom he ought to profecute. CHAP. XIX. Judgments of the whole People. T HE People were fometimes the Judges, both in private and publick Caufes ; though of the firft, we have only one Example in Livy ; the other we frequently meet with in Authors. Thefe Judgments were made fil'd at the Comitia Curiata^awd afterwards at the Centuriata and Pnbuta; the Proceedings in all which Atfemblies have been already (hewn : What we may further obferve is this: When any Magi (Irate defign’d to im- peach a Perfon of a Crime before the whole People, he afcend- cd the Roftra , and calling the People together by a Crier, fig- nified to them, That upon fuch a Day, he intended to accufe fuch a Perfon of fuch a Crime: This they term’d Reo diem di- cere : The fufpe&cd Party was oblig’d immediately to give Sureties for his Appearance on the Day prefix’d, and in De- fault of Bail, was commanded to Prifon. On the appointed Day, the Magiftrate again afcended the Roftra , and cited the Party by the Cryer; who, unlefs lome other Magi fir ate of equal Authority interpos’d, or a fufficieot Excufe was offer’d, was oblig’d to appear, or might be punifh’d at the Pleafltre of the Magiftrate who accus’d him. If he ap- pear’d, the Accufer began his Charge, and carried it on every other Day, for fix Days together; at the end of the Indidhnent mention- !4* Of the Civil Government Part II. mentioning the particular Punifliment fpecified in the Law for fuch an Offence. This Intimation they term’d inquifitio. The fame was immediately after exprefs’d in Writing, and then took the Name of Rogatio , in refpedt of the People, who were to be ask’d or confulted about it ; and Irrogatio , in reaped of the Criminal, as it imported the Muldt or Punifhment aflign’d him by the Accufer. This Rogatio was publickly exposed three Nundince or Market-Days together, for the Information of the People. On the third Market-Day, the Accufer again afcend- ed the Rojlra ; and, the People being call’d together, undertook the fourth Turn of his Charge, and having concluded, gave the other Party leave to enter upon his Defence, either in his own Perfon, or by his Advocates. At the fame time as the Accufer finifh’d his fourth Charge, he gave Notice what Day he’d have the Comitia meet to receive the Bill ; the Comitia Tributa to confider of Mul&s, and the Centuriata for Capital Punifhments. But in the mean time, there were feveral Ways by which the accus’d Party might be reliev’d; as firft, if the Tribunes of the Commons interpos’d in his Behalf ; or if he excus’d himfelf by voluntary Exile, Sicknefs, or upon Account of providing for a Funeral; or if he prevail’d with the Accufer to relinquifh his Charge, and let the Caufc fall ; or if upon the Day appoint- ed for the Comitia , the Augurs difcover’d any ill Omens, and fo forbad the Affembly. If none of thefe happen’d, the Comitia met, and proceeded as has been already defcrib’d ; and as for the Animadverfio or put- ting Sentence in Execution, this was perform’d in the fame manner as in the Praetorian Judgments. The Forms of Judgments which have been thus defcrib’d, muff be fappos’d to have prevail’d chiefly in the Time of the free State : For as the Kings before, fo the Emperors after- wards, were themfelves Judges in what Caufes, and after what manner they pleas’d, as Suetonius particularly informs us of al- rnofl all the twelve Cafars. ’Twas this gave Occafion to the Rife of the Mandat ores and Delatores , a fort of Wretches to be met with in every Part of Hiftory. The Bulinefs of the former was to mark down fuch Perfons as upon Inquifition they pre- tended to have found guilty of any Mifdemeanour ; and the latter were employ’d in accufing and profecuting them upon the other’s Order. This mifchievous Tribe, as they were counte- nanc’d and rewarded by ill Princes, fo were they extremely de- leted by the good Emperours. Titus profecuted all that could Book III. of the Romans. 143 be found upon the mo ft diligent Search, with Death or perpe- tual Banifhment (a): And Pliny reckons it among the greatefi Praifes of Trajan, that he had clear’d the City from the perjur’d Race of Informers (b). (4) Sutton, in Tit. cap. S. (f) Plin. in Panegyric. CHAP. XX. Of the Roman Punifhments. T HE accurate Sigonius has divided the Punifhments into eight Sorts, Damnum , Vincula, Verbero , Talio, Ignominia, Exi- lium, Servitus , Mors. Damnum was a pecuniary Mul 6 t or Fine fet upon the Of- fender, according to the Quality of the Crime. Vincula fignifies the guilty Perfon’s being condemn’d to Im- prifonment and Fetters ; of which they had many forts, as Ma- nic a, Pedica, Nervi, Boice , and the like. The publick Prifon in Rome was built by Ancus Martins, hard by the Forum (a): To which a new Part was added by Servius Tullius , called thence Tullianum : Saluft defcribes the Tullianum as an Apart- ment under Ground (b), into which they put the mod noto- rious Criminals. The higher Part, rais’d by Ancus Martins , has commonly the Name of the Robnr ; from the oaken Planks which compos’d it. For the keeping of the Prifon, beiides the Triumviri, was appointed a fort of Goaler, whom Valerius Maximus calls Cuftos Carceris (c), and Pliny Comment arienfis (d). Verbera , or Stripes, were infiided either with Rods \Virga\ or with Battoons [Fuftes:~\ The firft commonly preceded ca- pital Punifhments properly fo call’d : The other was mod in Ufe in the Camp, and belong’d to the Military Difcipline. Talio was a Punifhment by which the guilty Perfon differ’d ex- a£tly after the fame manner as he had offended; as in Cafes of maiming, and the like. Yet A. Gellius informs us, that the Cri- minal was allow’d the Liberty of compounding with the Perfon (4) Uv. lib. x, (y) In Bello Catilkar. (c) Lib, j, (d) Lib g 7, cap. jg, he 144 Of doe Civil Government Part II. he had injur’d; fo that he needed not buffer the Talio , unlefs he voluntarily chofe it (a). Ignominia was no more than a publick Shame which the of- fending Perfon underwent, either by vertue of the Prcetor’ s Edidt ; or more commonly by Order of the Cenfior : This Punifhment, befides the Scandal, took away from the Party on whom ’twas infii&ed, the Privilege of bearing any Office, and alinoft all other Liberties of a Roman Citizen. Exilium was not a Punifhment immediately, but by confe- quence ; for the Phrafe us’d in the Sentence and Laws, was Aqua & Ignis Interdiflio , the forbidding the Ufe of Water and Fire, which being neceffary for Life, the condemn’d Perfon was ob- lig’d to leave his Country. Yet in the Times of the latter Em- perors, we find it to have been a pofitive Punifhment, as appears from the Civil Law. Relegatio may be reckon’d under this Head, tho’ it were fomething different from the former ; this being the fending a Criminal to filch a Place, or for Inch a Time, or per- haps for ever, by which the Party was not depriv’d of the Pri- vilege of a Citizen of Rome , as he was in the firfl fort of Ba- nffhment, which they properly call’d Exilium . Suetonius fpeaks of a new fort of Relegatio invented by the Emperor Claudius ; by which he order’d fufpedfed Perfons not to llir three Miles from the City (b). Belides this Relegatio they had two other kinds of Banifhment, which they term’d D eportatio, and Profcrip* tio ; tho’ nothing is more common than to have them confound- ed in mod Authors. Deport atio , or Tranfportation, differ’d in thefe Refpedts from Relegatio ; that whereas the Relegati were condemn’d either to change their Country for a fetTime, or for ever, and loft neither their E date and Goods, nor the Privilege of Citizens: On the contrary, the Deportati were banilh’d always for ever, and loft both their Eftates and Privileges, being counted dead in the Law ( c) . And as for the Proficripti, they are defin’d by the Lawyers to be fu eh Perfons -zvhofie Names were fix'd up in Ta- blets at the Forum, to the end that they might he brought to Juftice: a Re ward being f ropos' d to thofie that took them, and a Punijhment to thofie that conceal'd them (d). Sylla was the firft Inventor of this Pradice, and gave hirnfelf the greateft Example of it that we meet with, proficribing 2000 Knights and Senators at onze(e). ’Tis plain, that this was not a pofitive Banifhment, but a for- (I) Vide Gell. lib. ii. cap. r. (/) Suet, in Claud. cap. 33. (c) Calvin. Lexicon. Juridic. in voc. Deportati & \e!egat . (rf) Ibid, in VQ.e Prefer ijpti. (c) Floras, lib. z, cap. zS. cing 7 Book III. of the Romans. 145: forcing Perfons to make Ufe of that Security; fothat We may fancy it of like Nature with our Outlawry. Servitus was a Punifhment, by which the Criminal’s Perfon as well as Goods, was publickly expos’d to fale by Audfion: This rarely happen’d to the Citizens, but was an ufual Way of treating Captives taken in War, and therefore will be defcrib’d hereafter. Under the Head of Capital Punifhments, the Romans reckon’d extreme Banifhment; becaufethofe who underwent that Sentence, were in a civil Senfe dead. But becaufe this Mors * Punifhment has been already defcrib’d, we are only now to take Notice of fuch as reach’d the Offender’s Life. The chief of thefe were Percujfio fecuri , Strangulation Preeci- pitatio de robore , Dejedio e rupe Tarpsid , in crucem ad to , and Projedio in profluentem . The firft was the fame as Beheading with us. The fecond was perform’d in the Prifon, as it is now in j turkey. The third and fourth were a throwing the Criminal headlong, either from that Part of the Prifon call’d Robur; or from the higheft Part of the Tarpeicm Mountain. The fifth Punifhment, namely Crucifixion, was feldom in Aid- ed on any but Slaves, or the meaneft of the Commons; yet we find fome Examples of a different Pra&ice ; and Suetonius particularly relates of the Emperor Galba, that having condemn- ed a Roman Citizen to fuffer this Punifhment for poyfoning his Ward, the Gentleman, as he was carrying to Execution, made a grievous Complaint that a Citizen of Rome fhou’d undergo fuch a fervile Death; alledging the Laws to the contrary: TheEm- peror hearing his Plea, promis’d to alleviate the Shame of his Sentence, and order’d a Crofs much larger, and more neat than ordinary to be eredted, and to be wa fil’d over with white Painty that the Gentleman who flood fo much on his Quality, might have the Honour to be hang’d in State, (a). The Crofs and the Pure a are commonly taken for the fame thing in Authors; tho’, properly (peaking, there was a great Di fference between them. The Pure a is divided by Lipfius into Ignominiofa and Poenalis : The former Plutarch deferibes to be that Piece of Wood which fupports the Thill of a Waggon : He adds, that ’twas one of the greatefl Penances fora Servant who had offended, to take this upon his Shoulders, and carry it about (4) Sutton, in CnlbL cap. 3. K the 146 Of the Civil Government Part II. the Neighbourhood ; for whoever was feen with this infamous Burden, had no longer any Credit or Truft among thofe who knew it, but was call’d Furcifer , by way of Ignominy and Re- proach (a). Furca poenalis was a piece of Wood, much of the fame Shape as the former, which was faften’d about the convidfc- ed Perfon’s Neck, he being generally either fcourg’d to Death under it, or lifted up by it upon the Crofs. Lipfius makes it the fame with the Patibulum, and fancies, that for all the Name, it might be not be a forked Piece of Timber, but rather aftraight Beam, to which the Criminal’s Arms, being ftretched out, were tied, and which being hoifted up at the Place of Execution, ferv’d for the tranfverfe Part of the Crofs. Projedio inprofluentem was a Punifhment proper to the Crime of Parricide (or the Murder of any near Relation,) : The Perfon convidfed of this unnatural Guilt, was immediately hooded, as unworthy of the common Light : In the next Place, he was whip- ped with Rods, and then few’d up in a Sack, and thrown into the Sea; or, in inland Countries, into the next Lake or River. After- wards, for an Addition to the Punifhment, a Serpent us’d to be put into the Sack with the Criminal; and by degrees, in latter Times, an Ape, a Dog, and a Cock.The Sack which held the Malefadlor was term’d Culeus ; and hence the Punifhment it felf is often fig- nified by the fame Name. The reafon of the Addition of the living Creatures is thought to have been, that the condemn’d Perfons might be tormented with fuch troublefome Company, and that their Carcaffes might want both Burial and Reft. Ju~ •venal exprefsly alludes to this Cuftom in his Eighth Satyr: Libera Ji dentur populo fuffragia, quis tam Perditus , ut dubitet Senecam prceferre Neroni, C ujus fupplicio non debuit una parari Simla , non ferpens unus, non Culeus unus ? Had we the Freedom to exprefs our Mind, There’s not a Wretch fo much to Vice inclin’d, But will own Seneca did far excell His Pupil, by whofe Tyranny he fell, To expiate whofe complicated Guilt, With fome Proportion to the Blood he fpilt, Rome fhould more Serpents, Apes, and Sacks provide Than one, for the compendious Parricide. [Mr. Stepney. {a) Vide Pltitmh, in CorioUn , The Book III. Romans. 14? The fame Poet in another Place intimates, that this Sack was made of Leather. Tully , in his Defence of Sextus Rofcius , who flood arraign’d for Parricide, has given an admirable Account of this Punifh- ment, with the reafon on which it was grounded; particularly, that the Malefadlor was thrown into the Sea, few’d up in a Sack, for fear he lhould pollute that Element, which was reck- on’d the common Purifier of all Things : With many the like ingenious Reflexions. Befides the Punifhments mention’d by Sigonius , whofeemsto confider th c. Roman People as in a free State, we meet with abun- dance of others, either invented or reviv’d in the times of the Emperors, and especially in latter Ages: Among thefe, we may take Notice of three, as the moll conliderable, adJLudos , ad Met alia, ad Bejlias. The Lawyers divide Ludus , when they take it for a Punith- ment, into Venatorius and Gladiatorius (d). By the former, the conviXed Perfons (commonly Slaves,) were oblig’d to engage •with the wild Bealls in the Amphitheatre; by the latter, they were to perform the Part of Gladiators , and fatisfy Juflice by killing one another. Ad Met alia, or a condemning to work in the Mines, Suidas would have to be invented by Tarquinius Superbus (b). Whatever Reafon he had for his Affertion, ’tis certain we rarely find it mention’d ’till the times of the later Emperors ; and particularly in the Hiflories of the Perfecutions of the Chrijlians , who were ufually fent in great Numbers to this laborious and ilavifh Em- ployment, with the Name of Met alii cl. The throwing of Perfons to wild Beafts, was never put in Exe- cution, but upon the vilefl and molt defpicable M&lefadlors in Crimes of the highelt Nature. This too was the common Doom of the Primitive Chrijlians ; and ’tis to the Accounts of their Suffer- ings we are beholden for the Knowledge of it. It may be ob- ferv’d, that the Phrafe, Ad Bejlias dari (c), alfeXs as well fuch Criminals as were condemn’d to fight with the Bealls, as thofc who were deliver’d to them to be devour’d : And the former of thefe were properly term’d Bejliarii (d). There’s (till one Punifhment behind, worth our Obfervation, and which feems to have been proper to Incendiaries, and that was the wrapping up the Criminal in a fort of Coat, daub’d over with (a) Calvin. Lexicon. Juridie. ( 'b ) In voce (c) Calvin , in woe. ad Bejlias dari t (d) Ibid, in Bejliarii, K 2 Pitch, 148 Of the Civil Government Part II. Pitch, and then fetting it on Fire. Thus when Nero had burnt Rome , to fatisfy his Curiofity with the Profpeft, he contriv’d to lay the Odium on the Chriftians , as a fort of Men generally de- tailed ; and feizing on all he could difcover, order’d them to be lighted up in this manner, to ferve for T apers in the Dark ; which was a much more cruel Jeft than the former, that occalion’d it, Juvenal alludes to this Cultom in his Eighth Satyr. Jufi quod Ik eat tunica punire mole ft d. To recompenfe whofe barbarous Intent, Pitch'd Shirts wou’d prove a legal Punifhment. CHAP. XXL Of the R oman Laws in general I N the Beginning of the Roman State, we are afliir’d all things were manag’d by the foie Authority of the King, without any certain Standard of Juftice and Equity. But when the City grew tolerably populous, and was divided by Romulus into thirty Curia , he began to prefer Laws at the Aflfembly of thofe Guria^ which were confirm’d, and univerfally receiv’d. The like Pra- ctice was follow’d by Numa , and feveral other Kings ; all whole Conftitutions being collected in one Body, by Sextus Papirius , who liv’d in the time of 7 arquin the Proud , took from him the Name of Jus Papirianum. But all thefe were abrogated foon after the Expulfion of the Royal Family, and the judicial Proceedings for many Years to- gether depended only on Cultom, and the Judgment of the Court. At laft, to redrefs this Inconvenience, Commilfioners werefent into Greece, to make a Collection of the belt Laws for the Service of their Country; and, at their return, the Decem- viri were created to regulate the Bufinefs, who reduc’d them in- to twelve Tables, as has been already (hewn. The Excellency of which Inftitution, as it is fufficiently fet forth by molt Authors, fo is it efpecially beholden to the high Encomium of Cicero 1 when he declares it as his pofitive Judgment and Opinion, That the Laws Book III: of the Romans. 149 Laws of the Twelve Tables are jujlly to be preferred to whole Li* braries of the Philofophers (a). They were divided into three Parts, of which the firft related to the Concerns of Religion ; the fecond to the Right of the Publick ; and the laft to private Perfons. Thefe Laws being eftabliftfd, it neceflarily follow’d, that there (hould be Dictations and Controverfies in the Courts, (ince the Interpretation was to be founded on the Authority of the Learned. This Interpretation they call’d Jus Civile , tho* at prefent we underftand by that Phrafe, the whole Syftem of the Roman Laws. Befides, out of all thefe Laws the Learned Men of that Time compos’d a Scheme of Forms and Cafes, by which the ProcefTes in the Courts were dire&ed. Thefe were term’d AHionesLegis , We may add to thefe, the Laws preferr’d at the Publick Af- femblies of the People; and the Plebifcita , made without the Authority of the Senate, at the Comitia Tributa , which were allow’d to be of equal Force with other Conltitutions, tho’they were not honour’d with the Title of Leges. And then the Senatus-confulta , andEdidb of the fupreme Ma- giflrates, particularly of the Prators , made up two more Sorts of Laws, the lallof which they call’d Jus Honorarium. And, laftly, when the Government was intrufted in the Hands of a (ingle Perfon, whatever he ordain’d, had the Authority of a Law, with the Name of Principalis Conftitutio. Molt of thefe daily increafing, gave fo much Scope to the Lawyers for the compiling of Reports and other Labours, that in the Reign of Juflinian , there were extant two thoufand diftindt Volumes on this Subject. The Body of the Law being thus grown unweildy, and render’d almoft ufelefs by its exceffive Bulk, that excellent Emperor enter’d on a Defign to bring it into juft. Dimenfions ; which was happily accomplilh’d in the conftituting thofefour Tomes of the Civil Law , which are now extant, and have contributed, in a great meafure, to the Regu- lating of all the States in Chriftendom: So that the old Fancy of the Romans , about the Eternity of their Command, is not fo ridiculous as at firft Sight it appears ; (ince by their admirable Sandtions, they are ftill like to govern for ever. ( and fir jl , 0 / thofe rela- ting to Religion. A S for the Laws of the Twelve Tables, and other more an- cient Inftitutions, as it would require no ordinary Stock of Criticifm barely to explain their Words; fo is the Knowledge of them almoft ufelefs, fince they are fo feldom mention’d by the Claflicks. Thofe which we generally meet with, are fuch as were preferr’d by fome particular Magiftrate, from whom they took their Names; thefe, byreafonof their frequent Occurrence in the belt Writers, deferve a fhort Explication, according to the common Heads laid down by thofe Authors, who,have hitherto manag’d this Subjed; beginning with fuch as concern’d the pub- lick Worfhip, and the Ceremonies of Religion. Sulpicia Sempronia L cx, the Author P. Sulpicius Saverrio, and P. Sempronius Sophus , in their Confulfhip, A. 449, ordaining, that no Perfon fhou’d confecrate any Temple, or Altar, with- out the Order of the Senate, and the major Part of the Tri- bunes (a). Papiria Lex , the Author L. Papirius , ‘Tribune of the Com- mons ; commanding, that no Perfon fhou’d have the Liberty of confecrating any Edifice, Place, or Thing, without the Leave of the Commons ( b ). Cornelia Lex, the Author L. Cornelius Sulla , defining the Ex- pences of Funerals (c). Sextia LiciniaLex , the Authors L. Sextius and Licinius, Tri - b tines of the Commons, A. 385*, commanding, that inftead of the Duumviri -facris faciundis, a Decemvir ate fhou’d be created, part out of the Patricians , and part out of the Commons (, d ). Ogulnia Lex , the Authors Q. and Cn . Ogulnii , Tribunes of the Commons, A . 453, commanding, that whereas there were then but four Pontifices , and four Augurs , five more fhou’d be added out of the Commons to each Order ( e ). (4) Liv. lib. 9. (b) Cicero in'Orat. pro Demo fua. Jib. 6. (e) Liv, lib. ic. (c) Pint, in Sjlla. (d) Liv, Manlia Book III. of the Romans. 151 Manila Lex , the Author P, Manlius , Tribune of the Com- mons, A. 5*57, ena&ed for the Revival of the Trefviri Epulones y an oldlnftitution of NumcC s (^. Clodia Lex , the Author P. Clodius in his Tribunepip, A. 69?, diverting the Prieft of Cybele ( or the Gra# Mother , who came from Peffmum) of his Office, 5 and conferring it on Brotigarus a Gallo-Grcecian (b), Papia Lex , ordering the manner of chufing the VeftalW r- gins {Vj, as has been already deferib’d. The Punifliment of thofe holy Reclufes is grounded 011 the Laws of Numa. Licinia Lex , prefer’d by C. Licinius Crajfus , Tribune of the Commons, /f. 608, for the transferring the Right of chufing Priefts, from the College to the People ( d ); but it did not pafs (e). Domitia Lex, the Author Cn. Domitius Ahenobarbus, Tribune of the Commons, A . 65*0, a&ually transferring the faid Right to the People ( f ). Cornelia Lex , the Author L. Cornelius Sulla , Dictator and Conful with Metellus , . 677, abrogating the former Law of Domitius , and reftoring the Privilege there mention’d to the College (£,). Lew, the Author T. Atius Labienus , Tribune of the Commons, . 690, repealing the Cornelian Law , and reftoring the Domitian (Jo). Antonia Lex , the Author AT. Antony in his Confulfiiip with Julius Ccefar , /f. 700, abrogating the Law, and reftoring the Cornelian (i). Paul, us Manutius has conjedtur’d fromfeveral Reafons, that this Law of Antony was afterwards repeal’d, and the Right of chufing Priefts entrufted in the Hands of the People. To this Head is commonly referr’d the Law about the Ex- emption from Military Service, or de Vacatione , in which there was a very remarkable Claufe, NifiBellum Gallicum exoriaturz Unlefs \tn Cafe of a Gallick Infurrefiion. In which Cafe, no Perfons, not the Priefts themfelves, were excus’d ; the Romans apprehending more Danger from the Gauls than from any other Nation, becaufe they haa once taken their City ( k ). As alfo the three Laws about the Shows : (a) Ctc.de Orat. lib. 3. (b) Idem. Or at. pro Sefl, & de harttfp. 7 \efponf. (c) kA, Gelltus. (d) Cic. de sAmicittd. (e) Idem, (f) Suet, in Ner. Partercxl, lib. 2 . Cic , tAgrar. 2 . £g) ^ifeoniusin Divination, (b) Dio, lib, 37* (i) Dio ,lib„ 44. ( k ) Pint, in May sell, Cie.pro Fsnttio & Philip . 8 . K 4 Lisimx i j i Of the Civil Government. Part II. - Licinia Lex, the Author P. Licinius Varus , Ci ty-P rector A, $4$, fettling the Day for the Celebration of the Ludi Apolli- nares, which before was uncertain (a). Rofcia Lex The atr alts, the Author L. Rofcius Otho, Tribune of the Commons, A. 68y, ordaining, that none rhould fit in the Firft fourteen Seats of the Theatre, unlefs they were worth four hundred Seftertiums, which was then reckon’d the Census Equejiris (b). Augujlus Chefar, after fever al of the Equeftrian Families had impair’d their Eftates in the Civil Wars, interpreted this Lawfo as to take in all thofe whofe Anceftors ever had poftefs’d the Sum there fpecified. ( Jl A . 701, forbidding the Ufe of the Laudatores in Tryals (a). Memmia Lex , ordaining, That no Perfon’s Name Ihould be receiv’d into the Roll of Criminals, who was abfent upon the publick Account (b). Remvnia Lex , ordaining. That Perfons convidted of Calum- ny lhould be ftigmatiYd (c). Both thefeLaws fometimes go under the Name of Memmies^ and fometimes of Remmice ; the Dillindlion here obferv’d is owing to P. Manutiu r. Cincia Lex , the Author M. Cincius , "Tribune of the Com- mons, A. 5*49, forbidding any Perfon to accept of a Gift upon account of judging a Caufe. This is commonly call’d Lex Muneralis {d). (a) Plutarch, in Pomp. & in Cat one Vticenf. Valer. Max. lib. 6. cap. 2 . ’(I/) Ci- rero in Vatin. Val. Max. lib, 3. cap. 7. (c) Cicero pro Sext. T^ofcio. {d) Lrn>» lib. 34. Tacit. Ann. 14. Cicero ad. Ky 4ttic . lib. 1. de Oratore 2 , de Scneft. C H A P. XXXVIII. Laws relating to Crimes. T HE Crimes or Adlions that tended to the prejudice of the State, have been already reckon’d up, and briefly explain’d. The Laws on this Subjedt are very numerous, and, by reafosi of their great Ufefulnefs, have been preferv’d at large in the Labours of the Civilians, with the particular Heads of which they confided. It will be fufficient to the prefect Ddign, to mention 1 74 Of the Civil Government Part II. mention fuch as are hinted at in the ordinary ClaiTicks, and to Ipeak of thofe only in general. De Majestate. Gabinla Lex , already defcrib’d among the Laws relating to Affemblies. Apuleia Lcx^ the Author L. Apuleius , Tribune of the Com- mons, A. It feems to have been enadted for the Reftraint of publick Force and Sedition in the City ( a ). Sigonius thinks, that ’twas this Law, which made the Queftion de Majeftate perpetual. Varia Lex , the Author L. Varius , Tribune of the Commons, A. 662, ordaining, That all fuch Perfons (hould be brought to a publick Tryal, who had any way encourag’d or affifled the Confederates in their late War againft Rome (b). Cornelia Lex, the Author L. Cornelius Sylla, Dictator, A. 670, making it Treafon to lend an Army out of a Province, or to engage in a War without fpecial Orders ; to endeavour the in- gratiating one’s felf fo with the Army as to make them ready to ferve his particular Intereft ; or to fpare, or ranfom a Com- mander of the Enemy when taken Prifoner ; or to pardon the Captains of Robbers and Pirates; or for a Roman Citizen to refide without Orders at a Foreign Court; and aligning the Punifhment of Aqua & Ignis Inter difiio to all that fhould be convidted of any of thefe Crimes (c). Julia Lex , the Author Julius Cafar , either in his firft Con- fulfhip, or after the Pharfalian Vidlory, ordaining the Punifh- ment mention’d in Sylla’s Law, to be inflidted on all that were found guilty de Majeftate; whereas Sylla intended it only for the Particulars which he there fpecifies ( d ). Antonia Lex , the Author Mark Antony , allowing thofe who were condemn’d de Majeftate , an Appeal to the People; which before was only allow’d in the Crime which they call’d Per - duellio , one part of the Crimen Majeftatis , of the moll heinous Nature ; which the Lawyers define, Hoftilii animo adverfus Rempublicam effe. This Law was repeal’d by Auguftus () Juv. Sat. 2. v. 30. (c) guintil. lib, 4. cap. 2. lib. 7. cap. 4. Cicero Philip. 3. Juv. &c. (d) Juft, lujlit , iib. 4- (c) Cic. pro Clem* (f) lnjl % lib. 4, & Alii* Law 1 76 Of the Civil Government Part If. Law as the Rule and Standard in fuch Judgment (a). It takes in all Forgers, Concealers, Interliners, &c. of Wills; Coun- terfeiters of Writs and Edidis ; falfe Accufers, and Corrupters of the Jury ; together with thole that any Ways debas’d the publick Coin, by fhaving or filing the Gold, or adulterating the Silver, or publifhing any new Pieces of Tin, Lead, &c. and making thofe incur the fame Penalty (which was Aqua & Ig~ nis inter difiio) who voluntarily conniv’d at the Offenders in thefe Particulars. Leges de vi. Plautia , or Plotia Lex , the Author P . Plautius , Tribune of the Commons, A. 675*, againfl thofe that attempted any Force againft the State or Senate; or us’d any Violence to the Magi- itrates,or appear’d arm’d in publick upon any ill Defign, or for- cibly expelfd any Perfon from his lawful Poffeflion. The Punifhment afiign’d to the convidted was Aqua o 5 Ignis inter - didio (b). Clodia Lex, the Author P. Clodius, Tribune of the Commons, A. 695*, ordaining, That all thofe fhould be brought to their Tryal, who had executed any Citizen of Rome without the Judgment of the People, and the Formality of a Tryal (e). The Author being a mortal Enemy of Cicero's, levell’d this Law particularly againft him ; who in the Time of the Catili - narian Confpiracy, for the greater Expedition and Security, ha- ving taken feveral of the chief Parties concern’d, firft imprifon’d and afterwards executed them, only upon a Decree of the Se- nate. Clodius having highly ingratiated himfelf with the Peo- ple, by feveral popular Laws, eafily got this Adt to pafs; and fo oblig’d Cicero to go into Exile. Pompeia Lex, the Author Pompey the Great, in his third Con - fulfhip, A. 701. it was directed efpecially againft the Authors of the late Riot, upon the Account of Claudius and Milo ; in which, one of the Curia had been fet on Fire, and the Palace of Lepidns the Interrex, aflaulted by Force. This Law introduc’d a much fhorter Form of Judgment than had been formerly us*d, ordain- ing, That the firft three Days in every Tryal fhould be fpent in hearing and examining Witnelfes, and then allowing only one Day for the two Parties to make their formal Accufation and Defence; the firft being confin’d to two Hours, and the other (a) Clc. de Nat. Deor. lib. 3. Suet, in Aug. cap. 33. (0) Sueton. in Julio t cap. 3. Dio, lib. 39. Cicero pro Sextio, pro Milone. (f) Veil , Paters, lib. a. Clc, ad .Attic, lib. Dio , lib. 38, 6 to Book III. of the Roman s. 177 to Three. Hence, the Author of the Dialogue concerning fa- mous Orators, (attributed to Quintilian , or ‘Tacitus ,) ob- ferves, That fPompey was the firii: who depriv’d Eloquence of its old Liberty, and confin’d it to Hounds and Limits (a). Leges de Ambitti. Labia Lex, preferring the Number of SeStatores , allow’d to any Candidate (b). This did not pafs. Acilia Calpurnia Lex, the Authors, M. Aciliits Glabrio^ and C. CAfumius ‘J-ifi, Confuls A. 6^6, ordaining, that, be- fides the Fine impps’d, no Perfon convicted of this Crime ihould bear an Office, or come into the Senate (c). Tullia Lex , the Author, M. Tullius Cicero, Conful with C Antomus , A. 69 o. ordaining, that no Perfon, for Two Years before he ftfd for an Office, fhould exhibit a Show of Gla- diators to the People, unlefs the Care of fuch a Solemnity had been left to him by Will : That Senators, convidied of the crimen ambitus., fhould fufifer aquee & ignis inter diBio for Ten Years $ and that the Commons fhould incur a feverer Pe- nalty than had been denounced by the Calpurman Law (d). Anfidia Lex , the Author, Aufidim Lurco , Tribune of the Commons, A. 69 2, more fevere than that -or Tully ; having this remarkable Claufe,that if any Candidate promis’d Money to the Tribunes, and did not pay it, he fhould be excus’d 5 but, in cafe he actually gave it, fhould be oblig’d to pay to e^ery Tribe a Yearly Fine of 3000 Seftertii (e\ Lex Licinia de Sodalitiis , the Author, M. Licinius Craffus, Conful with Cn. Tompey, A. 6 91, appointed a greater Penal- ty than formerly to Offenders of this Kind (/). By Sodalitia , they underftood an unlawful making of Parties at Elections ; which was interpreted as a Sort of Violence offer’d to the Freedom of the People. Tis ffrange, that this Senfe of the Word fhould have efcap’d Cooper and Littleton. Afconins feems to imply, that the Sodalitia and Ambitus were Two different Crimes, when he tells us, that Milo was arraign’d on thofe Two Accounts, at Two feveral Times, and not before the fame Qu' vana verfat in Urna . Nec ccelum fermre licet $ tonat Augur e fur do : Ft lcet Look to the Right, and fwear the Oinen’s good. S But Auguftus reitor’d the old Privileges to the Comma 2 and reftrain’d unlawful Courfes us’d in the canvafing at Ele- ctions, by feveral Penalties (i)$ publifh’d for this Purpofe s the Lex Julia de Ambitu , mention’d in the Fandeffis, Leges de Fecuniis repetundis. Calpurnia Lex , the Author Z. Calpurnius Fifo Frugi 9 A. 604, ordaining a certain Frtftor for the Inquilition of this Crime, and laying a great Penalty on Offenders ( e ). (a) In ^Argument. Milonian. (b) Suet on. in Julio, cap. 41. (c) lib. $ . v. 39 f id) Sueton in ^Augufl. cap. 40. (e) Cicero in Erato, de Offic. lib. 2. Or at. 3. in Verrem. Cecilia Book III. of (kRoMAN s. i Caecilia Lex y mention’d by Valerius Maximus (a). Sigo- nius believes this Law to be the very fame with the former, and that either the Two LribmieSy Ccecilius and Calpurniiis , join’d in the making of it 3 and fo it came to be call’d either Calpurnia , or Credit a , at Pleafure 5 or that in this Place we ought to read Calfiiirnia, inftead of Ccecilia. Junia Lex , the Author, probably, M. Junius c Pennus 9 L'ribune of the Commons, A. 6 27, ordaining, that, befides the litis cefiimatio , or rating of the Damages, the Perfon, conviCted of this Crime, fhould fuffer Banifhment (£). Servilia Lex , the Author, C. Servilius Glaucia , Pretor, A. 6 53, feveral Fragments of which are collected from Au- thors, and tranfcrib’d from brazen Tablets by Sigonius (c). Acilia Lex , the Author, M. Acilius Glabrio 3 in which was this remarkable Claufe; That the convicted Perfon fhould be allow’d neither ampliation nor comperendinatio 3 neither a new Hearing at a fet Time prefix’d by the Lrcetor, nor an Adjournment of the Trial, till the third Day after the firft Appearing of the Parties in the Court ( d ). Cornelia Lex , the Author, Z. Cornelius Sylla y Dictator ; ordaining, that, befides the litis ) Plinl 1 * 7 * ( c ) Pint- w'iQ/i, the other the fame as the Tranfveffio (b). «— — Aon nostrum t ant as, componere lites. The Emperors often took Review of the Cavalry 5 and Augustus particularly redor’d the old Cuflom of the < Tranf- veffiOy which had before been difcontinu’d for fome Time. It is hard to conceive that all the Roman Horfe in the Ar- my fhould confift of Knights 5 and for that Reafon Sigonhis , and many other learned Men, make a Didin£Iion in the Ca- valry, between thofe that ferved equo publico , and thofe that ferved equo privato $ the former they allow to have been of the Order of Knights, the latter not. But Gnevius and his noble Country-man Schelius have prov’d this Opinion to be a groundlefs Conjecture. Theydemondrate from theCourfe of Hidory,that from the Beginning of the Roman State, till the Time of Marius , no other Horfe enter’d the Legions but the true and proper Knights, except in the midd of publick Con- fulion, when Order and Difcipline were negle or Militia? , Sat. id. Trauma nunc alia , atque alia emolumenta notemus Sacrament or urn. — — — - As to the railing the Confederate T roops, Polybius informs us, that at the fame time as the Levies were made in Rome y the Confuls gave Notice to the Cities of the Allies in Italy > in- timating the Number of Forces they fhould have Occalion to borrow of them, together with the Time and Place when Book IV Art of War. 1 Sp and where they wou’d have them make their Rendezvous? The States accordingly conven’d their Men, and chufing out their defir’d Number, gave them an Oath, and aflign’d them a Commander in Chief, and a_Pay-Mafter General. We may obferve, That in the Time of Rolybius all Italy was indeed fubjedt to the Romans 5 yet no State or People in it had been reduc’d into the Form of a Province 3 retaining, for the Ge- nerality, their old Governors and Laws, and being term’d Socii, or Confederates. But, after all, the Italians were not only divided into fe- paraxe ^Provinces , but afterwards honour’d with the Jus Ci~ vitatis j the Name of Socii ceas’d, all the Natives of Italy be- ing accounted Romans 5 and therefore, indead of the Social Troops, the Auociha were afterwards procur’d, which are carefully to be didinguidi’d from the former. They were fent by foreign States and Princes, at the Dedre of the Ro- man Senate, or Generals, and were allow’d a fet Pay from the Republick 5 whereas the Socii receiv’d no Confideration for their Service, but a Didribution of Corn. CHAP. IV. Of the EVOCAjI. H E mod eminent Degree of Soldiers were the Euocati 3 taken as well out of Allies as Citizens, out of Horfe as Foot, not by Force, but at the Requeft and Intreaty of the Confills, or other Officers : For which Purpofe Letters were commonly difpatch’d to every particular Man whom they dedgn’d thus to invite into their Service. Thefe were old experienc’d Soldiers, and generally fuch as had ferv’d out their legalTime,or hadreceiv’d particular Marks ofFavour as a Reward of their Valour, on which Accounts they were dyl’d Emeriti , and Reneficiarii : Scarce any War was under- taken, but a great Number of thefe were invited into the Ar- r/iy, therefore they had the Honour to be reckon’d almoft equal with the Centurions. In the Field they ufually guarded the chief Standard, being excus’d from all the Military Drud- gery, of handing on the Watch, labouring in the Works, &nd other fervile Employments, The 190 The Roman Parc 1 L The Emperor Galba gave the fame Name of Evocati to a feledl Band of young Gentlemen of the Fqueftrian Rank 9 whom he kept as a Guard in his Palace (a). { a ) Sudan, in Galb. c. io. CHAP. y. Fhe fever al Kinds of the Roman Foot^ and their Di~ vifion into Manipuli, Cohorts, and Legions. r T~' II E whole Roman Infantry was divided into four Sorts, & Velites , Haftati^ Tr incites , and Fnarii. The Velites were commonly fome of the Tyro's^ or young Soldiers, of mean Condition, and lightly arm’d. They had their Name a volando y or a velocitate, from their Swiftnefs and Expedition. They feem not to have been divided into diftin£l Bodies or Companies, but to have hover’d in loofe Order before the Army. The Haftati were fo called, becaufe they ufed in ancient Times to fight with Spears,which were afterwards laid afide, as incommodious 5 thefe were taken out the next in Age to the Velites. The Rrincipes were generally Men of middle Age, and of greated Vigour , his probable that, before the Inftitution of the Haftati , they ufed to begin the Fight, whence they bor- row’d their Name. The Friar 'ii were commonly Veterans , or hardy old Sol- diers, of long Experience and approved Valour, They had their Name from their Pofition, being marfhalled in the third Place, as the main Strength and Hopes of their Party. They are fometimes called Rilarii , from their Weapons the Tila. Every one of thefe grand Divifions, except the Velites y compos’d thirty Manijfnli, or Companies 5 every Manipilns made two Centuries, or Ordines. Three Maniftili , one of the Haftati , another of the C pr'wcipes y and a third of the C I narii, compos’d a Cohors. Among thefe, one was fill’d with fome of the choicefl: Sol- diers and Officers, obtaining the honourable Title of Rrima Cohors- Book IV. Art of War. 191 Cohors. We meet too with the ‘Pretoria Cobors , inftituted by Scipio Numantimis $ felefted for the moll part out of the Evocati or Reformades, and oblig’d only to attend on the Prater or General : And this gave Original to the Pr<£~ toriani , the Life-Guard of the Emperors. Ten Cohorts made up a Legion 5 The exa£l Number of Foot, in fuch a Battalion, Romulus fjx’dat Three thoufand $ though Plutarch allures us, that, after the Reception of the Sabines into Rome , he encreas’d it to Six thoufand. The com^ mon Number afterwards, in the firft Times of the Free State, was Four thoufand : In the War with Hannibal , , it arofe to Five thoufand. After this, ’tis probable they funk to about Four thoufand, or Four thoufand two hundred again 5 which was the Number in the Time of Polybius . In the Age of Julius Ccefar , we don’t find any Legions ex- ceeding the polybian Number of Men 5 and he himfelf ex- prefsly fpeaks of Two Legions, that did not make above Seven thoufand between them ( a ). The Number of Legions, kept in Pay together, was differ- ent, according to the various Times and Occafions. During the Free State. Four Legions were commonly fitted up every Year, and divided between the Two Confuls : Yet in Cafes of Neceflity, we fometimes meet with no lefs than Sixteen or Eighteen in Livy. Augustus maintain’d a Standing Army of Twenty three, or ( as fome will have it ) of Twenty five Legions 5 but in After- times we feldom find lo many, They borrow’d their Names from the Order in which they were rais’d, as Prima , Secmda , Pertia 5 but becaufe it ufualiy happen’d, that there were feveral Primce , Secnnd &c. in fe- veral Places, upon that account they took a Sort of Surname befides, either from the Emperors who firll conllituted them, as Augufla , Claudiana , Galbiana , Flavia , Ulpia y Pra]ana % Antoniana , or from the Provinces which had been conquer’d chieliy by their Valour 5 as Patthica , Scythica , Gallica , Ara- bica , &c. Or from the Names of the particular Deities, for whom their Commanders had an efpecial Honour, as Mi- ner via, and Apollinaris : Or from the Region where they had their Quarters 5 as Cretenfis , Cyrenaica , Britannica, See. Or fometimes upon account of the leffer Accidents 5 as Ad]utrix y Mania , Fulminatrix , Rap ax ^ &c, («) Commer.tqr. lib. s. CHAP. The R. o M A N Part II. x pz CHAP. VI. STbe JDivifion of the CAVALRT^ and of the ALLIES 1 H E Horfe required to every Legion was three hundred, ^ divided into ten , c I’urm<£ y or Troops, thirty to a Troop, every Eurma making three Decur'idC^ or Bodies of ten Man* This Number of three hundred they termed jufius Equi - tdtiiSy and is understood as often as we meet with Legio cunt fuo Equitatu , or Legio cum jufto Equitatu. And tho’ we now and then find a different Number, as two hundred in a Place or two of Livy and Ceefar $ yet we muft fuppofe this Alteration to have proceeded from fome extraordinary Caufe, and confequcntly to be of no Authority againft the common Current of Hiftory. The foreign Troops, under which we may now comprize the fSocii and Auxiliaries, were not divided, as the Citizens, into Legions, but firft into two great Bodies, termed Ald?^ or Cornua , and thofe again into Companies, ufually of the fame Nature with thofe of the Romans $ though, as to this, we have little Light in Hiftory, as a Matter of fmall Impor- tance. We may further remark. That the Forces which the Ro- mans borrow’d of the Confederate States were equal to their own in Foot, and double in Horfe 5 tho’ by difpofing and dividing them with great Policy and Caution, they prevent- ed any Defign that they might poflibly entertain againft the natural Forces 5 for about a third Part of the foreign Horfe, and a fifth of the Foot, was feparated from the reft, under the Name of Extraordinarii 5 and a more choice Part of thofe with the Title of AbleBi . In the Time of the Emperors, the Auxiliary Forces were commonly honour’d with the Name and Conftitution of Legions, though the more ancient Appellation of Aid? fre- quently occurs. They were called Alee from their Pofition in the Army § and therefore we muft expe£l fometimes to find the fame Name applied to the Reman Soldiers, when they happened m have the fame Stationsc CHAR Book IV. Art of War. i p j CHAP. VII. St he Officers in the Roman Army \ and firft of the Centurions and Tribunes 3 with the Commanders of the Horfe , and of the Confederate Forces . HP H E Military Officers may be divided, according to Lip- Jius * into Proper and Common, the firft prefiding over fome particular Part, as the Centurions and 'IribuneSy the: other ufing an equal Authority over the whole Force, as the Legati and the General. We can’t have a tolerable Notion of the Centurions , with- out remembring what has been already deliver’d 5 That every one of the Thirty Manipuli in a Legion was divided into Two Or dines $ or Ranks $ and, confequently the Three Bo- dies of the llafiatiy Principes , and Friani , into Twenty Orders a-piece, as into Ten Manipuli. Now every Mani- pulus was allow’d Two Centurions , or Captains 5 One to each Order or Century : And, to determine the Point of Priority between them, they were created at Two different Eledi- onSi The Thirty, who were made firft, always took the Precedency of their Fellows, and therefore commanded the Right Hand Orders, as the others did the Left. The F'riariiy or Pilani , being efteem’d the moft Honour- able, had their Centurions ele£fed firft 5 next to them the SPrincipeSy and afterwards the Hajiati $ whence they were tail’d primus p fecundus PiltiSy primus ip fecundus Princeps i primus p fecundus Hafiatus $ and fo on. Here it may be obferv’d, That primi Ordines is us’d fome- times in Hiftorians, for the Centurions. of thofe Orders 5 and the fame Centurions are fometimes ftyfd Principes Ordinui n i and Principes Centurionum ; We may take Notice too, what a large Field there lay for Promotion 5 firft, through all the Orders of the Haflatf then quite through the Principes 5 and afterwards from the laft Order of the Friar iiy to the Primipilus the moft Honoura- ble of the Centurions , and who deferves to be particularly flefcrib’d Jr This i Book IV- Art of War. 10 7 CHAP. XI. ffhe Enfigns and Colours - the Mnfick 3 the Word in Engagements 3 the Harangues of the General . ,% ~p HERE are feveral Things frill behind, relating to the Army, very obfervable, before we come to the Camp and Difcipline 3 fuch as the Enfigns, the Mufick, the Word or Sign in Engagements, and the Harangues of the General. As to the Enfigns, they were either proper to the Foot, or to the Horfe. Enfigns, belonging to the Foot, were either the common one of the whole Legion, or the particular ones of the feveral Manipuli. The common Enfign of the whole Legion was an Eagle of Gold or Silver, fix’d on the Top of a Spear, holding a Thunderbolt in his Talons, as ready to deliver it. That this was not peculiar to the Romans^ is evident from the Tefti- mony of Xenophon 3 who informs us, That the Royal Enfign of Cyrus was a golden Eagle fpread over a Shield, and fafren’d on a Spe r 3 and that the fame was frill us’d by the Rerfian Kings (a). What the Enfigns of the Manipuli formerly were, the very Words points out to us 3 for as Ovid expreffes it, fPertica fiifpenfcs port ah at longa Maniplos , Unde Maniplaris nomina miles habet. Manipulus properly fignifying a Wifp of Hay, fuch as in ruder Times the Soldiers carried on a Pole for an Enfign. But this was in the ruftick Age of Rome 3 afterwards they made ufe of a Spear with a tranfverfePiece on theTop,almofr like a Crofs 3 and fometimes with a Hand on the Top, in al- lufion to Manipulus : below the tranfverfe Part was fafren’d one little orbicular Shield, or more, in which they fometimes placed the fmaller Images of the Gods, and in latter Times, of the Emperors. (e) Di Jnjlit . Cyr^ lib. 7. A- io3 The Roman Part II. Auguflus order’d aGJobe faften’d on the Head of a Spear to' ferve for this Ufe, in Token of the Cbnqueft of the whole World. The Enfign of the Horfe was not folid as the others, but a Cloath, almoft like our Colours, fpreading on a Staff; On thefe were commonly the Names or the Emperors, in Gold- en or Purple Letters. The Religious Care, the Soldiers took of the Enfigns, was extraordinary 5 they worfhipp’d them, fwore by them, and in- curr’d certain Death, if they loft them. Hence ’twasan ufual Stratagem in a dubious Engagement, for the Commanders to fnatch the Enfigns cut of the Bearers Hands, and throw them among the Troops of the Enemy, knowing, that their Men would venture the extremeft Danger to recover them. As for thefeveral Kinds of Standards and Banners, intro- duc’d by the later Emperors* juft before Chriftianity, and afterwards, they do not fall under the prefent Enquiry, which is confin’d to the more flourifhing and vigorous Ages of the Common-wealth. The Romans us’d only Wind-mufick in their Army$ the In- ftruments, which ferv’d for that Purpofe,may bediftinguifh’d into the 'Tubce^ the Cornua , the Buccino. ?, and the Litui. The L'uba is fuppos’d to have been exa< 5 ily like our Trum- pet, running on wider and wider in a direct Line to the Orifice. The Co rnua were bent almoft round 5 they owe their Name and Original to the Horns of Beafts, put to the fame Ufe in the ruder Ages. Th t Buccino to have had the fame Rife, and may de- rive their Name from Bos and Cano . ’Tis very hard to diftin- guifh thefe from the Comma , unlefs they were fomething lefs, and not quite fo crooked : Yet ’tismoft certain, that they were of a different Species $ becaufe we never read of the Cornua in Ufe with the Watch, or Sentinels, but only thefe Buccina ?. The Litui were a middle Kind between the Cornua , and the 'Tub # , being almoft ftraight, only a little turning in at the Top, like the Lituus, orfacred Rod of the Augur ^ whence they borrow’d their Name. Thefe Inftruments being all made ofBrafs, the Players on them went under the Name J£meatores y befides the parti- cular Terms of L'ubicines , Cornicines , Buccinatores &c. and there feems to have been a fet Number aftign’d to every Manipulus and L’arma, befides feveral of a higher Order, and common to the whole Legion. In a Battle, Book IV- Art of War. idp the former took their Station by the Enfign, or Colours, of their particular Company, or Troop : The others flood nea** the Chief Eagle in a King, hard by the General and Prime Officers 5 and when the Alarm was to be given, at the Word of the General, thefe latter began it, and were follow’d by the common Sound of the red, difpers’d through the feveral Parts of the Army. Befides this Clafjicum , or Alarm, the Soldiers gave a ge- neral Shout at the firfl: Encounter (a) which in latter Ages they called Bartinis , from a German Original. This Cuflom feems to have rifen from an Inftinft of Na- ture, and is attributed almoft to all Nations that engag’d in any Martial AfHon 5 as by Homer to the trojans $ by "Taci- tus to the Germans 5 by Liyy to the Gauls $ by Quintus Curtins to the Macedonians and Terfians 5 by Thucydides , Tlutarch , and other Authors, to the Grecians. Toly 4 Tk Roman Part II. of this, the Guard was immediately fet. The Perfon, de- puted to carry the ieffera from the Tribunes to the Centu- rions, was call’d T’ejjerarius . But, becaufe this was not a diffident Regulation of the Budnefs, they had the Circuitio Vigilum , or a vidting the Watch, perform’d commonly about Four Times in the Night* by fome of the Horfe. Upon Extraordinary Occadons, the Tribunes and Lieutenant-Generals, and fometimes the Ge- neral himfelf, made thefe Circuits in Perfon, and took a drift View of the Watch in every Part of the Camp. Livy (a), when he takes an Qccadon to compare the Mace- donian with the Reman Soldiers, % gives the latter particularly the Preference, for their unwearied Labour and Patience in carrying on their Works. And that this was no mean Enco- mium, appears from the Charafter ‘Polybius ( b ) has bedow’d on the Macedonians, that fcarceany People endur’d Hardfhips bett r, or were more patient of Labour $ whether in their For- tifications or Encampments, or in any other painful and hardy Employment incident to the Life of a Soldier. There is no Way of /hewing the Excellency of the Romans in this Affair* but by giving fome remarkable Indances of the Military Works 5 and we may be fatisded with an Account of fome of them, which occur under the Conduft o {Julius Ccefar . When he bedeg’d a Town of the Atnatici in Gallia , he be- girt it with a Rampart of Twelve Foot high, and as many broad 5 /Lengthening it with a vad Number of wooden Forts 5 the whole Compafs included Fifteen Miles : And all this he d- nifh’d with fuch wonderful Expedition, that the Enemy were oblig’d to coniefs, they thought the Romans were a/Iided m thefe Attempts by fome fupernatural or divine Power ( c ). AtanotherTime, in an Expedition againd the Helvetii in the fame Country, with theAflidance only of one Legion, and fome Provincial Soldiers, he rais’d a Wall Nineteen Miles long, and Sixteen Foot high, with a Ditch proportionable to defend it (d) 9 More remarkable than either of thefe were his Fortifications before Alefia, or Alexia , in Burgundy, deferib’d by h imfelf at large in his feventh Book ; by which he protefted his Army againd FourfcoreThoufand Men that were in the Town $ and T wo Hundred and FortyThoufand Foot, and Eight Thoufand Horfe that were arriv’d to the Adidance of the Enemy ( e ). (a) L. 9. (b) L. 9. (c) C/tfar. de Bell. Gall. lib. 2. cap. 2. (d) Idem. Gall, (e) lb. lib. 7 . 1 But Book IV. Art of War. 2 1 5 But his moft wonderful Performance, of this Nature, were die Works with which he /hut up Pomfiey and his Army in ‘Dyrracmum, reaching from Sea to Sea 5 which are thus ele- gantly defcrio’d by Lucan, Lib. 6 . Franguntur montes , plammque per ardua Caefar Jjncet opus : pandit foffas, turrit aque fummis Dijpomt Cafiella jugis , magnoque recejjii Amplexus fines, fair us, nemorofiaque tefiqua , Etfilvas, vajlaque f eras indagine claudit: Non defiant campi, non defiant pabula Magno, Cafitraque Caefiareo circumdatas agger e mutat, See, Vail: Cliffs, beat down, no more o’erlook the Main, And levell’d Mountains form a wond’rous Plain : Unbounded Trenches with high Forts fecure The ftately Works, and fcorn a Rival Power. Woods, Forefts, Parks, in endlefs Circuits join’d, With iirange Enclofures cheat the Savage Kind. Still Pompey ' s Foragers fecure may range $ Still he his Camp, without Confinement, change, The Exercifes of their Body were, Walking, Running, Leaping, Vaulting, and Swimming. The firft was very fer- viceable upon Account of tedious Marches, which were fome- times of Neceflity to be undertaken $ the next to make them give a more violent Charge on the Enemy 5 and the Two laft for climbing the Ramparts and pafling the Ditches. The Vaulting belong’d properly to the Cavalry, and is flill own’d as ufeful as ever. The Exercifes of their Arms Lipfiius divides into p alar id and Armatura. The Exercitia ad palum, or Palaria, were perform’d in this Manner : They fet up a great Poft about Six Foot high, fuitable to the Stature of a Man 5 and this the Soldiers were wont to affail with all Inftruments of War, as if it were in- deed a real Enemy $ learning upon this, by the Affiftance of the Campi deftores, how to place their Blows a-right. Juve- nal brings in the very Women affecting this Exercife : ■ — Vel quis non vidit vulnera Pali Quern cavat ajjiduis fiadibus, fiemoque lacefijit t Sat. 6 . O 4 Who 2 1 6 The Roman Part II, Who has not feen them, when, without a Blufh, p Againft the Poll their Wicker- Shiekis they crufti, > Flourifh the Sword, and at the Flatiron pufh? j [Mr. ‘Dry den* Jrmmira confided chiefly in the Exercifes perform’d with ali Manner of mifiive Weapons $ as throwing of the Spear or Javelin, fhoodng of Arrows, and the like $ in which the c j’y rones, or new lifted Men, were train’d with great Care, and with the fevereff Difcipline : Juvenal may, perhaps, allude to this Cuflom in his fifth Satyr: jfti fcabie frueris mail , quod in aggere rcdit gui tegitur parma IS galea , metuenjque flagelli i Difcit ab hirftite jacuhm torquere Capello. To you fuch fcabb’d harlh Fruit is given, as raw Young Soldiers at their Exercifing gnaw, Who trembling learn to throw the fatal Dart, And under Rods of rough Centurions fmart. [Mr. Dry den. Nor did the common Soldiers only praffife thefe Feats but the Commanders themfelves often fet them an Example of Induflry, and were very eminent for their Dexterity in Performances of this Nature. Thus the famous Scipio is defcrib’d by It aliens: Ipfe inter medics venture? ivgentia Uadis JSigna dabat, vihrare fiidern , tranfimttere faltu Mur ales foj] as , undof um fr anger e nando Indums thoraca vadimi , Jpebiacula tantudftcrs to pay off the Army. But it is probable, that being many in Number, as they areconfiantly reprefented in Hi- |fory,they had fome other Bufinefsbefides this given in charge. Calvin the Civilian fays, That they had the Supervifal of all the Money coin’d in the City, as the fhttfficrs took care of the Taxes coming in from the Provinces ( c). Befides the Pay receiv’d in Money, we read of Corn and Cloaths often given to the Soldiers : But Toly bins allures us. That the £>u niveos ad fir ana guirites , DefoJJd in loculis quos fportula fecit amicos. What had he done, had he beheld on high Our Cotiful feated in mock-Majefty : His Chariot rowling o’er the dufty Place, While with dumb Pride, and a fet formal Face, He moves in the dull ceremonial Track, With Jove’s embroider’d Coat upon his Back : A Suit of Hangings had not more oppreft H is Shoulders, than a long laborious Velh A heavy Gewgaw (call’d a Crown) that fpread About his Temples, drown’d his narrow Head 3 And wou’d have crufh’d it with the mafly Freight, But that a fweating Slave fuftain’d the Weight, A Slave in the fame Chariot feen to ride. To mortify the mighty Mad-man’s Pride, 2 2 9 Book IV. Art of War. And now th’ Imperial Eagle rais’d on high With golden Beak, (the Mark of Majefty,) Trumpets Before, and on the Left and Right A Cavalcade of Nobles all in white : In their own Natures falfe and flattering Tribes ; But made his Friends by Places and by Bribes. [Mr. Dry den CHAP. XVII. *Fhe Roman Way of declaring War ? and of making Leagues. r T" HE Romans us’d abundance of Superftition in entering upon any Hoftility, or doling in any League, or Con- federacy : The Publick Minifters, who perform’d the Cere- monial Part of both thefe, were the Feciales , or Heralds al- ready defcrib’d among the Priefts j nothing remains, but the Ceremonies themfelves, which were of this Nature. When any neighbouring State had given fufficient Reafon for the Senate to fufpeft a Defign of breaking with them • or had offer’d any Violence or Injuftice to the Subjects of Rome , which was enough to give them the Repute of Enemies $ one of the Feciales , chofen out of the College on this Occa- fion, and habited in the Veft belonging to his Order, toge- ther with his other Enligns and Habiliments, fet forward for the Enemy’s Country. As foon as he reach’d the Confines, he pronounc’d a formal Declaration of the Caufe of his Ar- rival, calling all the Gods to witnefs, and imprecating the Divine Vengeance on himfelf and his Country, it his Reafons were not jufi. When he came to the chief City of the Ene- my, he again repeated the fame Declaration, with fome Addition, and withal defir’d Satisfaction. If they deliver’d into his Power the Authors of the Injury, or gave Hoftages for Security, he return’d fatisfied to Rome$ if otherwife they defir’d Time to confider, he went away for ten Days, and then came again to hear their Refolution. And this he did, in fome Cafes, three Times : But if nothing was dope toward an Accommodation in about thirty Days, he P 3 declar'd t;o Tk Roman Parc H. declar’d that the Romans wou’d endeavour to affert their Right by their Arms. After this the Herald was oblig’d to return, and to make a true Report of his Embaffy before the Senate , alluring them of the Legality of the War, which they were now confulting to undertake $ and was then again difpatch’d to perform the laft Part of the Ceremony, which was to throw a Spear into (or towards,) the Enemy’s Coun- try, in Token of Defiance, and as a Summons to War, pro- nouncing at the fame Time a fet Form of Word to the like purpofe. As to the making of Leagues, Roly bins acquaints us, That the Beatification of the Articles of an Agreement, between the Romans and the Carthaginians , was perform’d in this Manner : The Carthaginians fwore by the Gods of their Country ; and the Romans , after their ancient Cuftom, fwore by a Stone , and then by Mars , They fwore by a Stone thus : The Herald who took the Oath, having fworn in be- half of the Pubiick, takes up a Stone, and then pronounces thefe Words: If I keep my Faith , may the Gods vcuchfafe their AJpflance, and give me Succefs 5 if on the contrary , I violate it , then may the other Rarty be entirely fafe , and preserv'd in their Country , in their Laves, in their RoJjeJJions , and, in a word, in all their Rights and Liberties $ and may I perifh and jail alone, as now this Stone does : and then fie lets the Stone fall out of his Hands (a), Livy’s Account of the like Ceremony is fomething more particular 5 yet differs little in Subftance, only that he fays the Herald’s concluding Claufe was. Otherwise may Jove pike the Roman Reople, as I do this Hog 5 and accordingly Jie kill’d an Hog that flood ready by, with the Stone which he held in his Hand, This laft Opinion is confirm’d by the Authority of Virgil , when, fpeaking of the Romans zxA Al- banians, he fays, — — — — - Ft Ccefa pngeb ant feeder a Rorca. And perhaps both thefe Cufloms might be in Ufe in diffe- rent Times, {a) Tol)b. lib, 3. CHAP. Book IV. Art of War. CHAP. XVIII. The Roman Method of treating the People they con- quer'd 3 with the Confutation of the Colonise, Mu- nicipia, Prsefe&urae, and Provinces. ^ ' HE civil Ufage and extraordinary Favours, with which the Romans oblig’d the poor conquer’d Nations, has been reafonably efleem’d one of the prime Caufes of the Ex- tent of their Dominions, and the Eftablifhment of their Com- mand : Yet, when they faw Occafion, they were not to fee k in feverer Methods, fuch as the feizing on the greateft Part of the Enemy’s Land, or removing the Natives to another Soil. If a State or People had been neceffitated to furrender themfelves into the Roman Power, they us’d fub'jiigiim mitti , to be made pafs under a Yoke, in Token of Subjection : For this Purpofe they fet up two Spears, and laying a third crofs them at the Top, order’d thofe who had furrender’d their Perfbns to go under them without Arms or Belts. Thofe who cou’d not be brought to deliver themfelves up, but were taken by Force, as they fuffer’d feveral Penalties, fo very of- ten fuh corona venebant , they were publickly fold for Slaves. Where by Corona fome underftand a Sort of Chaplets which they put about the Captives Head for Diftinction $ others would have it mean the Ring of the Roman Soldiers, who flood round the Captives while they were expos’d to Sale. Jlgellius prefers the former Reafon {a). The feveral Forms of Government, which th tRomans efla- blifh’d in their Conquefls, are very well worth our Knowledge, and are feldom rightly diftinguifh’d 5 we may take Notice of thefe four : Colonies, Municipia , PraefePturce, and Provinces, Colonies (properly fpeaking) were States, or Communities, where the chief Part of the Inhabitants had been tranfplanted from Rome : And tho* mingled with the Natives who had been left in the conquer’d Place, yet obtain’d the whole Power and Authority in the Adminiflration of Affairs. One great Ad- vantage of this Inftitution was, That by this Means the Ve- (a) Lib. 7 . cap. P 4 teran a 3 z The Roman Part II. te ran Soldiers, who had ferv’d out their Legal Time, and had fpent their Vigour in the Honour and Defence of their Country, might be favour’d with a very agreeable Reward, by fciming them into a Colony, and fending them where they might be Matters of large Poffeffions, and fo lead the Re- mainder of their Days in Eafe and Plenty. MtWicipia were commonly Corporations, or Infranchifed Places where the Natives were allow’d the Ufe of their old Laws and Conftitutions,and at the fame Time honour’d with the Privilege of Roman Citizens. But then this Privilege, in fame of the Municipia, reach’d no farther than the bare Title, without the proper Rights of Citizens, fuch as voting in the Aflemblies, bearing Offices in the City, and the like. The former Honour gave them the Name of Gives Romani , the o- ther only of Romani 5 as P. Manutius with his ufual ExaHnefs has diftinguifh’d (tf). Of this latter Sort, the firft Example were the Coerites , a People of Titfcany, who preferving the fa- cred Reiicks of the Romans , when the Gauls had taken the City, were afterwards dignified with the Name of Roman Ci- tizens 5 but not admitted into any Part of the Publick Admi- niftration. Hence the Cenfors Tables, where they enter’d the Names of fuch Perfons as for fome Mifdemeanour were to lofe their Right of Suffrage, had the Name of Caerites I’abul . s$» (k) *A. Cell . lib, 16. cap, 13? (V) Calv, Lexirn ^nridic, in wef, tfeaf Book IV. Art of War. z j 3 that they us’d the Roman Laws and Religion, and ferv’d in the Legions ; but they were debarr’d the other five Condi- tions. The People in the Rrtffeffitirae had the hardeft Mea- fure of all ; being oblig’d to fubmit to the Roman Laws, and yet enjoying no farther Privilege or Citizens (a). All other Cities and States in Italy, which were neither Colonies , Municipia, nor fPrijo : But perhaps Cicero , in that Place, does not reftrain the Honorarium to Corn, but may mean, in general, the Prefent ufually made to Provincial Governors, foon after their En- trance on their Office. After Auguftus had made a Divifion of the Provinces be- tween himfelr and the People, the annual Taxes, paid by the Provinces under the Emperor, were call’d Stipendia 3 and thofe that were gather’d in the People’s, Provinces* F’ributa (a). ifl) Calvin. Lexicon Jurid. in Tribute CHAP. Book IV. Art of War. 235 CHAP. XIX. ffhe Roman Way of taking 2 “ owns j ‘with the moft remarkable Inventions and Engines made uje of m their Sieges. B Efore we enquire into thisSubjefl, a very memorable Cu~ flom prefents itfelfto our Notice, which was praftifed almoft as i'oon as the Roman Army inverted any Town 5 and that was the evocatio Deorum tutelar mm , or inviting out the Guardian Deities : the Reafon of which feems to have beer, either becaufe they thought it impoiiible to force any Place, while it enjoy’d fuch powerful Defenders 3 or elfe, becaufe they accounted it a molt heinous A£l of Impiety, to ad: in Hortility againft the Perfons of the Gods. ThtsCuftom isde- fcrib’d at large by Macro bins in his Saturnalia, lib. 3. cap. 9. The Romans were feldom defirous ofattempting anyTown by way of Siege, becaufe they thought it would fcarceanfwer the Expence and Incommodity ot the Method 3 fo that this was generally their laft Hopes 3 and in all their great Wars, there are very few Examples of any long Leaguers undertook by them. The Means, by which they poffefs’d themfelvestf any important Places, were commonly either by Storm, or immediate Surrendry. If they took a Town by Storm, it was either by open Force, or by Stratagem. In the Former, they made their Attacks without battering the Wall, and were only faid aggredi Urbem cam corona , to begirt a lo-wn$ be- caufe they drew their whole Army round the Walls, and fell on all the Quarters at once. If this Way was ineffedual, they batter’d down the Walls with their Rams and other Engines. Sometimes they min’d and enter’d the Town under-ground : -Sometimes, that they might engage with the Enemy upen equal Terms, they built wooden Towers, or rais’d Mounts to the Heighth of the Walls, from whence they might gall and molert them within their Works. The Befieg’d were in moft Danger in the firft Cafe, upon a general Aflault 3 for their Walls were to be made good in all Places at once 3 and it fell out many times, that there were not Men enough to fupply and relieve all the Parts 5 and if they had a fuftici- gnt Number pf Men, yet all perhaps were not of equal Cou- rage 5 1 3 6 The Roman Part II. rage $ and if any have Ground, the whole Town was in a great Hazard of being loft : So that the Romans oftentimes carried very confiderable Places at one Storm. But if they batter’d the Walls with Engines, they were under fome Dis- advantage, their Quarters being ofNeceflity to be extended, fothat they muft be thinner and weaker in lome Places than in others, and unable to make a ftout Oppofition againft any confiderable Sally. Befides, the Befieg’d were not at a Lofs for Ways of defeating their Stratagems $ as, they eluded the Force of their Mines by Countermining, or by diftrubing them in their Works ; particularly putting Oil and Feathers, with other (linking Stuff, into Barrels of Wood 5 then Petting them on fire, they tumbled them among the Romans y that theNoi- fomnefs of the Stench might force them to quit their Stations. TheirTowersof Wood, their Rams and other Engines, they commonly fet on fire, anddeftroy’d j and then for the Mounts which were raifed againft the Walls, they us’d, by digging underneath, to (leal away the Earth, and loofen the Foun- dations of the Mount till it fell to the Ground. Upon this Account the Romans (as was before obferv’d J much preferr’d the fudden and brisk Way of attacking a Place ;and if they did not carry it in a little Time, they fre- quently rais’d the Siege, and profecuted the War by other Means. As Seif io y in his African Expedition, having afifault- ed Utica without Succefs, he chang’d his Refolution, drew off his Men from the Place, and addrefs’d himfelf wholly to bring the Carthaginian Army to an Engagement, And therefore, tho’ fometimes they continu’d a tedious Siege, as at Veii y Carthage , and Jernfalem y yet generally they were much more defirous of drawing the Enemy to a Battle 5 for by defeating an Army, they many times got a whole Kingdom in a Day 5 whereas an obftinate Town has coft them feveral Years. See MachiavePs Art of WAR, Book II. The Invention and Engines, which the Romans made ufe of in their Sieges, were very numerous, and the Knowledge of them is but of little Service at prefent 5 however we may take a fhort View of the moft confiderable of them, which moft frequently occur in Cafar and other Hiftorians : Thefe are the Tfirres mohiles y the c TeJhidines y the Mufculns y the Vine or Pick-Axes, and other Inftruments, they endeavour’d to un- dermine the Foundations. Ccefar has defcrib’d the Mufculus at large in his fecond Book of the Civil Wars, The 2 ] 8 The Roman Parc II. The Vine# were compos’d of Wicker Hurdles laid for a Roof on the Top of Pods, which the Soldiers, who went under it for Shelter, bore up with their Hands. Some will have them to have been contriv’d with a double Roof 5 the fird and low- er Roof of Planks, and the upper Roof of Hurdles, to break the Force of any Blow without difcrdering the Machine. The ¥ Intel confided of the fame Materials as the former, but were of a much different Figure, being fhap’d like an arched Sort of Waggon 5 ancF having three Wheels, fo con- veniently placed, that the Machine would move either Way with equal Eafe. They were put much to the fame Ufes as the Mufcuh. The Engines hitherto defcrib’d were primarily intended for the Defence of the Soldiers; the Offenfive are yet behind. Of thefe the moft celebrated, and which only deferves a particular Defcription, was the Aries or Ram : This was of two Sorts, the one rude and plain, the other artificial and compound. The lormer feems to have been no more than a great Beam which the Soldiers bore on their Arms and Shoulders, and w'ith one End of it by mainForce affail’d the Wall. The compound Ram is thus defcrib’d by Jo\epklt$ : “The Ram (fays he) is a 44 vaff long Beam, like the Mad of a Ship, drengthen’d at one 44 End with a Head of Iron, fomething refembling that of a 44 Ram, whence it took its Name. This is hung by the Midd 44 with Ropes to another Beam, which lies crofs a couple of 44 Pods, and hanging thus equally balanc’d, it is by a great 44 Number of Men violently thrud forward, and drawn back- 44 ward, and fo fhakes the Wall with its Iron Head. Nor is 44 there any Tower or Wall fo thick or drong, that, after the 44 fird Aifault of the Ram, can afterwards refid its Force in 44 the repeated Afiaults ( a). Tint arch informs us that Mark Antony in the ‘Parthian War made ufe of a Ram Fourfcore Foot long : And Vitruvius tells us, That they were fometimes 1 06, fometimes 120 Foot in Length ; and to this perhaps the Force and Strength of the Engine was in a great Meafure owing. The Ram was ma- nag’d at one Time by a whole Century or Order of Soldiers 5 and they, being fpent, were feconded by another Century 5 fo that it play’d continually without any Intermiflion, being ufually cover’d with a Vine a, to proteft it from the Attempts of the Enemy. (a) Flay. Jofeph, de Exeidio Hierofolyra. lib As Book IV. Art of War. 23? As for the other Engines, which ferved not for fuch great Ufes, and are not fo celebrated in Authors,^ a Mechanical Defcription of them would be vexatious as well as needlefs : Only it may in fhort be obferv’d, That the Bali ft a was al- ways employ’d in throwing great Stones* the Catapulta in calling the larger Sort of Darts and Spears, and the Scorpio in fending the leffer Darts and Arrows. CHAP. XX. The Naval Affairs c/^Romans. Romans, tho’ their City wasfeated very conveniently for Maritime Affairs, not being above Fifteen Miles di- ftant from the ‘Tyrrhenian Sea 5 and having the River Tyher running through it, capable of receiving the fmaller Veffels $ yet feem to have wholly negleCted all Naval Concerns for many Tears after the Euilding of Rome. Andfome are will- ing to affign this as one of the main Caufes which prefervM that State fo long in its primitive Innocence and Integrity 5 free from allthofe Corruptions which an Intercourfe with Fo- reigners might probably have brought into Fafliion. Howe- ver ‘Dionyfius allures us, that Ancm Martins built Oftia at the Mouth of the Tyher for a Port, that the City might by this Means be fupplied with the Commodities of the neighbouring Nations (of). And it appears from the Reafons of the Taren-r tine War agreed upon by all Hiftorians, that the Romans in that Age had a Fleet at Sea. Yet Tolyhius exprelly maintains, that the firft Time they ever adventured to Sea was in the firft fPunick War (£) $ but he mull either mean this only of Ships of War, or elfe contradict himfelf : For in another Part of his Works, giving us a Tranlcript of fome Articles agreed on between the Romans and the Carthaginians in the Con- fulfhip o f.M. Brutus and Horatius , foon after the Expullion of the Royal Family jone of the Articles is to this EffeCt, That the Romans, and the Allies of tho Romans Jhall not navigate beyond the Fair Promontory, nnlefs conftrain'd by Weather , or an Enemy , See. And after this in Two other Treaties, which fee has prefented us with, there are feveral Claufes to the fame (a) Dionyf. Halic. lib. 3. (b) Lib. 1. Purpofe 240 The Roman Part II. Purpofe(Yj. Cut howfoever thefe Matters are to be adjuded^ we are allur’d, that about the Year oi the City ^91 (d\ the Romans obferving that the Coafl of Italy lay expos’d to the Depredations of the Carthaginian Fleet, which often made Defcents upon them, and confidering withal that the War was likely to lad, they determin’d to render themfelves Mailers ot a Naval Army. So wonderful was the Bravery and Refo* lution of that People in Enterprizes of the greatell Hazard and Moment 5 that having hitherto fcarce dream’d of Navi- gation, they fhou’d, at one Heat, refolve on fo adventurous an Expedition, and make the fird Proof of their Skill in a Naval Battle with the Carthaginians , who had held the Do* minion of the Sea uncontelled, deriv’d down to them from their Ancellors. Nay, fo utterly ignorant were the Romans, in the Art of Ship-building, that it would have been almod impoffible for them to have put their Delign in efleft, had not Fortune, who always efpous’d their Caufe, by a meer Acci- dent inftru&ed them in the Method. For a Carthaginian Gal- ley, which was out a cruiling, venturing too near the Shoar, chanc’d to be dranded, and before they could get her off, the Romans , intercepting them, took her 5 and by the Model of this Galley, they built their fird Fleet. But their Way of in* dru&ing their Seamen in the Ufe of the Oar is no lefs re- markable, wherein they proceeded after this Manner : They caus’d Banks to be contriv’d on the Shore in the fame Falhion and Order as they were to be in their Gallies, and placing their Men with their Oars upon the Banks, there they exer- cis’d them : An Officer, for that Purpofe, being feated in the Midd, who by Signs with his Hand indru&ed them how at once and all together they were to dip their Oars, and how in like Manner to recover them out ot the Water : And by this Means they became acquainted with the Management of the Oar. But in a little Time finding their Veflels were not built with extraordinary Art, and confequently prov’d forne- what unwieldy in working, it came into their Heads to recom- pence this Defeft, by contriving fome new Invention, which might be of Ufe to them in Fight. And then it was but that they devis’d the famous Machine call’d the Corvus 5 which was fram’d after this following Manner: They ere&ed on the Prow of their Veflels a round Piece of Timber, of about a Foot and a half Diameter, and about Twelve Foot long 5 on (e) Toly. Lib. 1 . (4) Cafanbon. Chronolog. ad Toiyi tli® JBbok IV. Art of War. 241 *he Top whereof, they had a Block or Pulley; Round this Piece of Timber, they laid a Stage or Platform of Boards, Four* jfoot broad, and about Eighteen Foot long, which was well fram’d, and fatten’d with iron. The Entrance was long-ways* and it mov’d about the aforefaid upright Piece of Timber, as on a Spindle, and could be hoitted up within fix Foot of the Top : About this a Sort of a Parapet, Knee high, which was defended with upright Bars of Iron, fharpen’d at the End 3 towards the l op whereof there was a Ring 3 through this Ring, fattening a Rope, by the Help of the Pulley* they hoitt- ed or lower’d the Engine at Pleafure 5 and fo with it attack’d the Enemies VelTels, fometimes on their Bow, and fome- times on their Broad-fide, as Occalion bett ferv’d* When they had grappled the Enemy with thofe Iron Spikes, if they happen'd to fwing Broad-lide to Broad-fide, then they en- ter’d from all Parts 5 but in Cafe they attack’d them on the Bow, they enter’d two and two by the Help of this Machine, the fore-mott defending the Fore-part, and thofe that follow’d the Flanks, keeping the Bofs of their Bucklers level with the Top of the Parapet. To this Purpofe Rolybius (according to the late mott ex- cellent Verlion,) gives us an Account of the firft Warlike Pre- parations which the Romans made by Sea. We may add, in fhort, the Order, which they obferv’d in drawing up their Fleet for Battle, taken from the fame Author : The two Con- fuls were in the two Admiral Gallies in the Front of their two diftinffc Squadrons, each of them juft a- head of their own Divifions, and a-breaft of each other 5 the firft Fleet being potted on the Right, the fecond on the Left, making two long Files or Lines of Battle. And, whereas it was neceffary to give a due Space between each Galley, to ply their Oars, and keep clear one off another, and to have their Heads or Prows looking fomewhat outwards* this Manner of drawing up did therefore naturally form an Angle, the Point whereof was at the two Admiral-Gallies, which were near together* and as their two Lines were prolong’d, fo the Diftance grew confequently wider and wider towards the Rear. But,becaufe the Naval as well as the Land- Army confitted of four Legir ons, and accordingly the Ship made four Divifions, two of thefe are yet behind : Of which the third Fleet, or third Le- gion, was drawn up Front -ways in the Rear of the firft and |bcond, and fo ftretching along from Point to Point compos’d 24 * Roman Part II. a Triangle, whereof the third Line was the Safe. Their V effels of Burden, that carried their Horfes and Baggage, \\ere iri the Rear of thefe ; and were, by the Help of lmall Boats provided for that Purpofe, towed or drawn after them. In the Rear of all, was the fourth Fleet, call'd the Triari- ans, drawn up likewife in Rank or Front-ways, parallel to the third : But thefe made a longer Line, by which means the Extremities if retch’d out, and extended beyond the two Angles at the Bafe. Thefeveral Divilions of the Army, being thus difpos’d, form’d, as is faid, a Triangle ; the Area with- in was void, but the Bafe was thick and iblid, and the whole Body quick, a£Iive, and very difficult to be broken. If we defcend to a particular Defcription of the feveral Sorts of Ships, we meet commonly with three Kinds, Ships of War, Ships of Burden, and Ships of Paffage : The firft for the moft Part row’d with Oars 5 the fecond fleer’d with Sails; and the laft often tow’d with Ropes. Snips ofPaflage were either for the Tranfportation of Men, fuch as the o^a/- t zyuyci or uadriremis, and the ghiin- qneremls. Te^m, and n^rwfw*; exceeding one another by one Bank of Oars ; which Banks were rais’d flo- pingly one above another; and confequently thofe which had moft Banks were built higheft, and rowed with the greateft Strength. Some indeed fancy a different Original ot thefe Names, as that in the ‘Triremes, for Example, either there were three Banks one after the other on a Level, or three Rowers fat upon one Bank ; or el'fe three Men tugg’d all together at one Oar : But this is contrary, not only to the Authority of the Clafficks, but to the Figures of the Triremes ftill appearing in ancient Monuments. Beffdes thefe, there were Book IV. Art of War. 243 Were two other Rates, one higher, and the other lower* The Higher Rates we meet with are the Hexeres , the Hep- teres , the Ofteres, and fo on the McuJlKnziif 5 nay, Poly- bius relates, that Philip of Macedon , Father to Perfeus , had an iiMouJ\KYipn{ (a) j which Livy tranflates, navis quam fex- decim verfus remomm agebant(b), a Ship with fixteen Banks ; Yet this was much inferior to the Ship built by Philopater, which Plutarch tells us had forty Banks (cj. The lower Rates were the Siremis and the Moneres. The fBireme in Greek cftwpn?, or Jtx&i©-, confided of two Banks of Oars : Of thefe, the fitted for Service, by reafon of their Lightnefs and Swiftnefs, were call’d Liburnic Daub’d on a Piank, and o’er your Shoulders hung ? J Others hung up fuch a Tablet in the Temple of the par- ticular Deity, to whom they had addrefs’d themfelves in their Exigence, and whofe Afliftance had, as they thought, effe&ed their Safety. This they term’d properly votiva Isa- bella. Juvenal has a Flipg at the Roman Superftition in this Point, when he informs us, that *twas the Bufinefs of a Company of Painters to draw Pictures on thefe Accounts for the Temple of Jfis. as —ghiam Part II. 24 6 'The Roman — Quani votiva tefiantur fana tabella (P larima , pitlores quis nefcit ah Ifide fqfci ? Such as in Jfid Dome may be furvey’d, On Votive Tablets to the Life pourtray’d. Where Painters are employ’d and earn their Bread. 3 But the Cuftom went much farther 3 for the Lawyers at the Bar us’d to have the Cafe of their Client exprefs’d in a Picture, that by /hewing his hard Fortune, and the Cruelty and InjufticG of the adverfe Party, they might move the Companion of the Judge. This Quintilian declares himfelf again/l in his iixth Book. Nor was this all 3 for fuch Per- rons, as had efcap’d in any Fit of Sicknefs, us’d to dedicate a Pidfure to the Deity whom they fancied to have reliev’d them, And this gives us a Light into the Meaning of ! Tibullus , Lib. 1 . Eleg. 3 . Nunc Dea , nunc fuccurre mihi 3 namfojje mederi TP iff a dccet I'emplis mult a tabella tuis . Now Goddefs 5 now thy tortur’d Suppliant heal 5 For Votive Paints attell thy facred Skill. Thus fome Chri/Hans in ancient Time ( a ) upon a fignal Recovery of their Health, us’d to offer a Sort of Medal in Geld or Silver, on which their own Edigies were exprefs’d, in Honour of the Saint whom they thought themfelves oblig’d to for their Deliverance. And this Cuftom dill obtains in the Popi/li Countries {Id). (4) Cafae-bon in Per ft am, Sat. i. v. 88, (b) Dac’ter on Horace lib. i« Od. 5. PART Book V. 247 P A R T II. B O O K V. Mifcellany Cujloms of the Romans. CHAP. I. Of the Private S ports and Games. Great Part of the Reman Pomp and Su- perdition was taken up in their Games and Shows, and therefore very many of their Cudoms have a Dependence on thofe Solemnities. But, in our Way, we fhou’d not pafs by the private Sports and Diverfions $ not that they are worth our Notice in them felves, but, becaufe many Paflages and Allufions in Authors would otherwife be very difficult to apprehend. The Private Games, particularly worth our Remark, are the Latrunculi , the Pali y and Tejjeriiatre $ one with an Ace, and the cpntrary with a Sice. The Dice had fix Faces, four mark’d with the fame Numbers asthe Talj, and the two others with a Deux and a Cinque , always one againftthe o- ther 5 fo that in both Plays the upper Number and the lower, either on the 'Talus or Tejfera , conftantly made feven. There were very fevere Laws in force againft thefe Plays, forbidding the Ule of them at all Seafons, only during the Saturnalia 5 tho’ they gam’d ordinarily at other Times, not- withftanding the Prohibition. But there was one Ufe made of them af Feafts and Entertainments, which perhaps did not fall under the Extent of the Laws 5 and that was to throw Dice, who fhould command in chief, and have the Power of prefcribing Rules at a Drinking Bout $ who in Horace is call’d Arbiter bibendi. They threw both the Tali and the Tejfera out of a long Box, for which they had feveral Names, as Wit ilium, Tyrgus , , Turricula , Ore a, &c. There are many odd Termsfcatter ? d up and down in Au- thors, by which they fignified their fortunate and unfortu- nate Cafts 5 we may take Notice of the beft and the worft. The beft Caft with the Tali was, when there came up four different Numbers, as Tres, §>uatre, Sice, Ace ; The beft with the Dice was three Sices 5 the common Term for both was Venus or Rajilicus 5 the pooreft Caft in both having the Name of Canis. Rerfrns oppofes the Senio, and the Canicula, as the beft and worn Chances, — Quid dexter fenio ferret Scire erat in vetis $ damnofa canicula quantum Raderet, augufice cello non fallier Orc when now he fees The welcome Top, and feeds his joyful Eyes, Straight the rude Stone, as cruel Fate commands, Falls fadly down, and meets his reftlefs Hands. The Ancients had four Sorts of Pild? or Balls us’d for Ex- ercife and Diverfion. The Follis or Balloon, which they ftruck about with their Arm, guarded for that Purpofe with a wood- en Bracer: Or if the Balloon was little, they us’d only their Fifts. The Pi la Irigonalis. , the fame as ourcommon Ballsy to play with this, there us’d to ftand three Perfons in a Tri- angle, ftriking it round from one to another $ he who frft let it come to the Ground, was the Lofer (a), paganica , a Bail {luff’d with Feathers, which Martial thus defcribes : Hdec qii& difficili target Paganica pluma , Fclle mums laxa ejl y & minus arBa pi la. The laft Sort was the Harpaflum y a harder Kind of Ball, which they play’d with dividing into two Companies, and ftriving to throw it through one another’s Goals, which was the conquering Caft. Tho Game at Par irnpar y or Even and Odd, is not worth taking Notice of any farther than to obferve, that it was not only propertothe Children, as it is generally fancied : For we may gather from Suetonius , that it was fometimes us’d at Feafts and Entertainments, in the fame Mannet as the Dice and Chefs ( bj . The Prochus has been often thought the fame as the P'ur- bo y or Top 5 or elfe of like Nature with our Billiards But both (a) See Dacier on Horace Book 2* Sat. 2. (b) Sjc Sutton, in \Aav, Cap. 71. ' ‘ j thefe 2 5 2 T be Circenjtan Shows Part If. thefe Opinions are now exploded by the Curious. The 7 ro- ehtis therefore was properly a Hoop of Iron five or fix Foot Diameter, fet all over in the Infide with Iron Rings. The Boys and young Men us’d to whirl this along, as our Children do wooden Hoops, directing it with a Rod of Iron having a wooden Handle; which Rod the Grecians call’d »p , and the Romans Radius. There was Need of great Dexterity eo guide the Hoop right. In the mean time, the Rings, by the Clattering which they made, not only gave the People Notice to keep out of the Way, but contributed very much to the Boys Diverfion (a). We muft take care not to think this only a childifh Exercife, fince we find Horace (b) ranking it with other manly Sports. Zndere qni nefcit , camfefiribus abftinet armis > Jndoftn§'{ue pice, difcive , tractive quiefcit. (a) See JOacier on Horace , Book 3 . Od. 24. (h) De Art. Poet. CHAP. II. Of the Circenfian Shews , and jirfi fl/^Pentathlum, the Chariot Races y the Ludus Trojse 5 and the Pyr- rhic a Saltatio. 5 HP I S hard to light on any tolerable Divifion which would take in all the publick Sports and Shows ; but the molt accurate feemsto be that, which ranks them under two Heads, Jjndi Circenfes , and Ludi , Scenici: But becaufe this Divifion is made only in refpe£t of the Form and Manner of the So- lemnities, and of the Place of Action, there is Need of another to exprefs the End and Defign of their Inflitution 5 and this may be, Ludi Sacri , Votivi , and Fimebres. The Circenfian Plays may very well include the Reprefenta- tiens of Sea-fights, and Sports perform’d in the Amphithea- tres : For the former were commonly exhibited in the Circo’$ fitted for that Ufe^and when we meet with the Naamachief, as Places diflin^f from the Circos , wcfuppofe the Strudfureto have been of the fame Nature. And, as to the Amphitheatres, Book V. of the R o MA N S. 253 they were ere&ed for the more convenientCelebration of fome particular Shows, which us’d before to be prefented in the Oreo's. So that, in this Extent of the Head, we may inform ourfelves of the fPentathhtm , of the Chariot- Races, of the Ludus I'rcjae , of the Shows of wild Beads, of the Combats of the Gladiators, and of the Naumaebice. The fPentatblum, or gHiinquerthim, as mod of their other Sports* was borrow’d from the Grecian Games 5 the five Ex- ercifes, that compos’d it, were Running, Wredling, Heaping, Throwing, and Boxing. The two lad have fomething par- ticularly worth our Notice 5 the former of them being feme- times perform’d with the Dificus y and the other with the Ceftus. The Dificus or Quoit was made of Stone, Iron, or Copper, five or fix Fingers broad, and more than a Foot long, inclining to an Oval Five : They fent this to a vad Didance, by the Help of a leathern Thong tied round the Perfon’s Hand that threw. Several learned Men have fancied, that, indead of the aforefaid Thong, they made ufe of a Twid or Brede of Hair ; hut, ’tis poflible they might be deceiv’d by that Paflage of Claudian §uis melius vibrata finer vertigine mclli 'Membra rotet ? vertat quis marmora crine fiupino ? What Youth cou’d wind his Limbs with happier Care ? Or fling the Marble-Quoit with tofs 4 d back Hair ? Where the Poet by crine fiitpino intends only to exprefs the extreme Motion of the Perfon throwing 5 it being very na- tural on that Account to cad back Lis Head, and fo make the Hair fly out behind him (a). Homer has made Ajax and idly fifes both great Artids at this Sport: And Ovid-, when he brings in Apcll ■ and Hyacinth playing at it, gives an elegant Defcription of the Exercifc ; Corpora vefte levant , £5? fiicco pinguis oliv# Splendefcunt , latique inennt certamina difei 5 ffiuem prius aerias librattim Thccbus in auras Mi fit, & oppofuas disjecit ponder e nubes. Decidit in fiolidam longo pofi tempore terram fpendus , & exhibuit junk am cum viribus artem (b). (a) Sue Darier on Horace, Book 1 . 04, 8. (b) Mcwmorphof. 10 , They 254 T7;e Circenjian Sboi&s Part II. They II rip, and wafh their naked Limbs with Oil, To whirl the Quoit, and urge the fportive Toll. And Aril the God his well-pois’d Marble flung, Cut the weak Air, and bore the Clouds along i Sounding, at laft, the maflie Circle fell, And fhew’d his Strength a Rival to his Skilh Scaliger , who attributes the Invention of the whole Fen^ tathlum to the rude Country People, is of Opinion, That the throwing the 2 ) i feus is but an Improvement of their' old Sport of calling their Sheep-Hooks : This Conje&ure feems very likely to have been borrow’d from a Palfage of Homer . ,f O O50V 7 If 7* gjOf/4 5 A©- CfcVwp, *H cTe 9’ ZMzyotdfin 7K7£^) S'td fits ety^etlcti, T oojqv 7m'flU clyap& V7iif>Ca.te ( a ). 1 As when fome fturdy Hind his Sheep-hook throws* Which, whirling, lights among the diftant Cows 5 So far the Hero call o’er all the Marks. And indeed, the Judgment of the fame Critick, that thefe Exercifes owe their Original to the Life of Shepherds, is no more than what his admir’d Virgil has admirably taught him in the fecond Georgick. Jpf° dies agitat Feftos ; fufufque per herbam Ignis ubi in medio , £ 5 ? Socii cratera coronant , c Te lib mis Lends e vecat y pecorifque magiflris Velccis jacitli certamina ponit in ulmo 5 Ccrporaque agrefi nudat preedura pal# fir a* When any Rural Holy-days invite His Genius forth to innocent Delight ; On Earth’s fair Bed, beneath fome facred Shade* Amidft his equal Friends carelefly laid, He flngs thee ‘Bacchus , Patron of the Vine. The Beechen Bowl foams with a Flood of Wine § Hot to the Lofs of Reafon, or of Strength, To a&ive Games, and manly Sports at length. (a) Iliad. 4, Their Book V. of (ieRoMAN s. 1 5 Their Mirth afcends ; and with full Veins they fee Who can the bed; at better Tryals be. [Mr. Cowley. The Ceftus were either a Sort of leathern Guards for the Hands, compos’d of Thongs, and commonly fill’d with Lead or Iron to add Force and Weight to the Blow : Or, according to others, a Kind of Whirlbats or .Bludgeons of Wood, with. Lead at one End : Tho’ Scaliger cenfures the lad Opinion as ridiculous 5 and therefore he derives the Word from nis w, a Girdle or Belt (a). This Exercife is mod admirably defcrib’d by Virgil, in the Combat of "Dares and Entellus. JEneid. 5. The famous Artid,at the Ceftus , was Eryx of Sicily , overcome at lad at his own Weapons by Hercules . fPollux tbo was as great a Maderof this Art, as his Brother Cafior at Encoun- ters on Horfe-back. The Eight of Rcllux and Amytiis, with the Ceftus , is excellently related by Theocritus , Idy Ilium 30. The CHARIOT-RACES occur as frequently as any of the Circe?2fian Sports. The mod remarkable Thing, belonging to them, were the Factions or Companies of the Charioteers 5 according to which the whole Town was divided, fome fa- vouring one Company, and fome another. The four ancient Companies were the Erafina, the Rujfata, the Alba or Alb at a, and the Veneta^t he Green, the Red, the White, and the Sky- colour’d, or Sea-colour’d. This Didin&ion was taken from the Colour of their Liveries, and is thought to have born fome AUufion to the fourSeafonsof the Year 5 the fird refembling the Spring, when all Things are Green 3 the next, the fiery Colour of the Sun in the Summer ; the third, the Hoar of Au- tumn $ and the lad, the Clouds of Winter. The Erajma and the Veneta are not fo eafie Names as the other two; the former is deriv’d from a Leek, and the other from Veneti , or xko Venetians, & People that particularly affeft that Colour. The mod taking Company were commonly Green, efpecially under Caligula , Nero, and the following Emperors $ and in the Time of Juvenal, as he hints in his eleventh Satyr, and with a finer Stroke of his Pen handfomely cenfures the drange Pleafure which the Romans took in thefe Sights, — Mihi pace Immenfn ? nimiceque licet ft dicere plebis , (a) De Re. Poetic a, Lib. I, Cap, 2 2, Tot am iy& The Circenjian Shows Part II d Ibtam ho die Roman? circus capita & fragor aurem Percutit , eventum viridis quo colligo panni : Nan? fi deficeret , moeflam attonitamque videres Hanc Vrbern , veluti Cannarum inpulvere viffis Confulibus . — - This Day all Rome , (if I may be allow’d^ Without Offence to fuch a num’rous Crowd, To fay all Rome\ will in the Circus fweat. Echoes already to their Shouts repeat. Methinks 1 hear the Cry — Away, away, i The Green have won the Honour of the fDay . Oh ! fhould thefe Sports be hut one Year forborn^ Rome wou’d in Tears her lov’d Diverfion mourn $ And that wou’d now a Caufe of Sorrow yield, Great, as the Lofs of Cairns's fatal Field. [ Mr, Congreve* The Emperor Domitian, as Suetonius informs us, added two new Companies to the former, th tGolden, and the ‘Pur- ple ( a ). Xiphilin calls them the Golden , and the Silver $ but this feems to be a Miftake, becaufe the Silver Liveries would not have been enough to diftingui/h from the White. But thefe new Companies were foon after laid down again by the following Emperors ( b). In ordinary Reading, we meet only with th e Bigee, and the ffhiadrigce $ but they had fometimes their Sejuges , Septemju- ges , &c. And Suetonms affures us, that Nero, when he was a Performer in the Olympick Games, made ufe of a Hecemjugis, a Chariot drawn with ten Horfes coupled together ( [c). The fame Emperor fometimes brought in Pairs of Camels to run theCzra>, inftead of Horfes ( d ). And Heliogabalus oblig’d E- lephants to the fame Service^). The Races were commonly ended at fevenTurns round the Met<£, tho’ upon extraordinary Occafions, we now and then meet with fewer Heats. In the like Manner the ufual Num- ber of Miffas, or Matches, were twenty four, tho* fome- times a far greater Number was exhibited. For Suetonius tells us, That the Emperor ‘Domitian prefented an hundred Matches in one Day (f ). De la Cerda will have us believe (a) Domitian c. 7. (b) Lipf. Com. in locum. (a) Suet. Ner. c. 24. (d) Idem c. i2. Lamprid, in Hdiogab, if). Vomit, g, 4, Book V. of the Romans- 2 57 meant of the Number of the Matches? but only of the Cha~ riots, fo as to make no more than twenty live Mijfus's : But his Opinion is not taken Notice of by the.Criticks who have commented on Suetonius . Servius (a) on that Verfe of ViT- Centum quadrijugos agitabo ad flumina currus, takes Occalion to inform us, that anciently there were always twenty five Matches of Chariots, four in every Match, fo as to make an hundred in ail. The laft Mijfus was fet out at the Charge of the People, who made a Gathering for that Purpofe 5 and was therefore call’d JErarius: But when this Cuifom ot a Supernumerary Mijjiis was laid afide, the Matches were no more than twenty four at a Time 5 yet the laft four Chariots ft ill kept the Name of Mijfus V60V or 7TCU nunc fpicula vertunt Infenji, faff a par iter nunc pace feruntur : Ut quondam Creta fertur labyrinthus in alta * Parietibus textum ccecis iter , ancipitemque Milk viis habuiffe dolum , qua figna fequendi Falleret indeprenfus & irremeabilis error. Hand aliter I'eucrum nati vefiigia curfu Impediunt , texuntque fugas & praelia ludo : dDelphinum Jimiles , qui per maria humida nando Carpatinum Libycumque fecant , luduntque per widas . Hunc morem , hos curfus , atque 1 o And now, Confederate grown, in peacefulRanks they clofe. S As Book V. of the Romans. 2 <5$ As Crete's fam’d Labyrinth to thoufand Ways, And thoufand darken’d Walls the Gael! conveys 5 Endiefs, inextricable Rounds arnufe, And no kind Track the doubtful Paffage /hews. So the glad L'rojan Youth their winding Courfe Sporting purfue; and charge the Rival Force. As fprighdy Dolphins in fome calmer Road Play round the filent Waves, and fhoot along the Flood. Afcanilis, when (the rougher Storms o’erblown,) With happier Fates he rais’d fair Alba's Town 5 This youthful Sport, this folemn Race renew’d, And with new Rites made the plain Latins proud. From Alban Sires, th’ Hereditary Game To matchlefs Rome by long Succeffion came : And the fair Youth in this Diverhon train’d, Lroy they dill call, and the brave Irojan Band, Lazius in his Commentaries de Repijfb. Romana fancies the Jufts and Tournaments, fo much in Fafhion about two or three hundred Years ago, to have ow’d their Original to this Liidus Irojce , and that T irnamenta is but a Corrupti- on of l*ro]amenta. And the Teamed and Noble Du Frenfe acquaints us that many are of the fame Opinion. However, tho’ the Word may perhaps be deriv’d with more Probabili- ty from the French Journer , to turn round with Agility j yet the Exercifes have fo £nuch Refeinblance, as to prove the one an Imitation of the other. The Fyrrhice , or Saltatio Fyrrhica , is commonly believ’d to be the fame with the Sport already defcrib’d. But, befides, that none of the Ancients have left any tolerable Grounds for fuch a Conjecture, it will appear a different Game, if we look a little into its Original, and on the Manner of the Per- formance. The Original is, by fome, referr’d to Minervct y who led up a Dance in her Armour, after the Conquefi of the L'itans : By others, to the Curetes, or Cor yh antes, Jupiter's Guard in his Cradle 5 who leap’d up and down, clafhing their Weapons, to keep old Saturn from hearing the Cries of his Infant Son. Fliny attributes the Invention to Fyrrhus , Son to Achilles , who inftituted fuch a Company of Dancers at the Funeral of his Father ( a ). However, that it was very {a) Nat. Hiji. lib. 57. R 4 ancient %6^ The Circenjlan Shows. Part II ancient is plain from Homer $ who as he hints at it in feve^ ral Befcriptions, fo particularly he makes the exa£f Form and Manner of it to be er.grav’d on the Shield of Achilles, , given him by Vulcan. The Manner of the Performance feems to have confifted chiefly in the nimble turning of the Body, and fhifting every Part, as if it were done to avoid the Stroke of an Enemy : And therefore this was one of the Exercifes in which they train’d the young Soldiers. Afuleius defcribes a tpyrrhick Dance, perform’d by young Men and Maids to- gether (d)$ which only would be enough to diftinguifh it from the Ludus TP roj Gain’d by the DidafF, which the Club had won. 3 Thofe who cop d on plain Ground with the Beads, com- monly met with a very unequal Match 3 and therefore, for the mod part, their Safety confided in the nimble turning of their Body, and leaping up and down to delude the Force of their Adverfary. Therefore Martial may very well make a Hero of the Man who flew twenty Beads, all let in upon him at once, tho’ we fuppofe them to have been of the in- ferior Kind. Hercules laudis numeretur gloria: plus eft "Bis denas par iter perdomuijje feras. Count the twelve Feats that Herctiles has done 3 Yet twenty make a greater, join’d in one. But becaufe this Way of engaging commonly prov’d fuc= cefsful to the Beads, they ha <3 other Ways of dealing with them, as by affailing them with Darts, Spears, and other miflive Weapons, from the higher Parts of the Amphithea- tre, where they were fecure from their Reach 3 fo as by fome means or other they commonly contriv’d to difpatch three or four hundred Beads in one Show. In the Show of Wild Beads exhibited by Julius Ccefar in his third Confulfhip, twenty Elephants were oppos’d to five hundred Footmen 3 and twenty more with Turrets on their Backs, fixty Men being allow’d to defend each Turret, en- gag’d with five hundred Foot, and as many Horfe (a). The NAUMACHIJE owe their Original to the Time of the fird ‘Pimck War, when the Romans fird initiated their Men in the Knowledge of Sea- Affairs. After the Improve- ment of many Years, they were defign’d as well for the gra- tifying the Sight, as for encreafing their naval Experience and Difcipline 3 and therefore compos’d one of the folemn Shows, by which the Magidrates or Emperors, or any AfFec- ters of Popularity, fo often made their Court to the People. The ufual Accounts, we have of thefe ExercifeSj feem to reprefent them as nothing elfe but the Image of a naval (a) Plin. Nap. Hiji. lib. 8* cap. 7. Fight» \ Book V. of (k Romans. 2 69 Fight. But ’tis probable that fometimes they did not engage in any hoftile Manner, but only row’d fairly for the Vittory, This Conje&ure may be confirm’d by the Authority of Virgi l, who is acknowledg’d by all the Criticks in his Defcriptions of the Games and Exercifes, to have had an Eye always to his own Country, and to have drawn them after the Manner of the Reman Sports. Now the Sea Contention, which he prefents us with, is barely a Trial of Swiftnefs in the Veftels, and of Skill in managing the Oars, as it is mod admirably deliver’d in his Fifth Book : fprima fares ineunt gravibus certamina remis gkiatuor ex omni deleft# clajje car in#, &c. The Naumachi# of Claudius , which he prefented on the Fucine Lake before he drain ? d it, deferve to be particularly mentioned, not more for theGreatnefs of the Show, than for the Behaviour of the Emperor 5 who, when the Combatants pafs’d before him with fo melancholy a Greeting as, Ave im- ferator , morituri te faint ant, return’d in Anfwer, Avete vos which when they would gladly have interpreted as an A£t of Favour, and a Grant of their Lives, he foon gave them to underftand that it proceeded from the contrary Principle of barbarous GJruelty, and Infenfibility (a). The molt celebrated Naumachi# were thofe of the Em- peror fDomitian 5 in which were engag’d fuch a vaft Number of Veftels as would have almoft form’d two compleat Navies (b) for a proper Fight, together with a proportionable Chan- nel of Water, equalling the Dimenfions of a natural River, Martial has a very genteel Turn on this Subje£i. Si mis ades longis ferns ffeftatcr ah oris , Cui lux frima facri muneris ifta dies , Ne te decipiat ratibus navalis Enyo, Ft far unda fret is : hie ?nodo terra f nit. Non credis ? ffeftes dum laxent #quora Martem : ini : LaJJels informs us, that he had feen them at Venice a full half-yard high.. The Socci were a flight Kind of Covering for the Feet, whence the Fafhion and the Name of our Socks are deriv’d; The Comedians wore thefe, to reprefent the Vility of the Perfons they reprefented, as debauch’d young Sparks, old crazy Mifers, Pimps, Parafites, Strumpets, and the reft of that Gang $ for the Sock being proper to the Women, as it was very light and thin, was always counted fcandalous when worn by Men. Thus Seneca^a) exclaims againft Caligula for fitting to judge upon Life and Death in a rich Pair of Socks adorn’d with Gold and Silver. Another Reafon* why they were taken up by the ACtors of Comedy, might be, becaufe they were the fitted: that could be imagin’d lor Dancing. Thus Catullus invokes Hymen the Patron of Weddings : Hue veni niveo gerens Luteum pede fcccnm , 1 Sxcitufque hilari die , Nuftialia concinens Voce carmina tinnula fPelle humum £e dibits - — » The (Perfona, or Mafque, Agellius (£) derives (according to an old Author) from \ Terfono , to found thoroughly $ be- caufe thefe Vizards being put over the Face, and left open at the Mouth, render’d the Voice much clearer and fuller, by contracting it into a leffer Compafs. But Scaliger will not allow of this Conjecture. However the Reafon of it (which is all that concerns us at prefent) appears from all the old Figures of the MafqueSj in which we find always a very large wide Hole defign’d for the Mouth, Madam Hacier y who met with the Draughts of the Comick Vizards in a very old Mamifcript of T'erence , informs us, that they were not like ours, which cover only the Face, but that they came over the whole Head, and had always a Sort of Peruke of Hair fatt- ened on them, proper to the Perfon whom they were to re- prefent. The Original of the Mafque is referr’d by Horace to JEjl thylus , whereas before the ACtors had no other Difguife, but: (a) Bensfic, lib, 2, cap, 12, (b) Noft, lib, $, cap, 7. T to 290 The Tragedy and Comedy Part II *g fiiiear over their Faces with odd Colours 3 and yet this was well enough, when their Stage was no better than a Cart. Tgnotwn ‘Tragic# genus imenijje Canicen# t Dicttur , plmftris vexiffe c Poemata Theftpis y danerent agerentque perunffii feccibus ora. Toft hnne person# palUque repertor hone ft# JEftckylus, £5? ?nodicis implevit pulpit a t ignis 5 Et docuit magmmque loqui, nitique Cot Journo. When Theftpis firfi expos’d the Tragick Mufe, Rude were the Adfors, and a Cart the Scene 3 Where ghaftly Faces, iiain’d with Lees of Wine* Frighted the Children, and amus’d the Croud. This JEftbylus (with Indignation) faw, And built a Stage, found out a decent Drefs, Brought Vizards in (a civiler Difguife) And taught Men how to fpeak, and how to a£t. [My Lord Roftcommon . The Chorus Hedelin defines to be a Company of A&ors, reprefenting the Aflembly or Body of thofe Perfons, who ei- ther were prefent, or probably might be fo, upon that Place or Scene where the Bufinefs was fuppos’d to be tranfafted. This is exactly obferv’d in the four Grecian Dramatick Poets, JEftchylus , Sophocles , Euripides and Ariftophanes 5 but the on- ly Latin Tragedies which remain, thofe under the Name of Seneca , as they are faulty in many Refpedts, fo particularly are they in the Chorus's 3 for fometimes they hear all that’s laid upon the Stage, fee all that’s done, and fpeak very pro- E erly to ail 3 at other Times one would think they w 7 ere lind, deaf, or dumb. In many of thefe DranricCs, one can hardly tell whom theyreprefent, how they weredrefs’d, what Reafon bungs them on the Stage, or why they are of one Sex more than of another. Indeed the Verfes are fine, full of Thought, and over-loaded with Conceit, but may in moft Places be very well fpar’d, without fpoiling any thing either an the Senfe or the Reprefentation of the Poem. Befides, the Thebais has no Chorus at all, which may give us Occafion to doubt of what Scaliger affirms fo pofitively, that Tragedy was never without Chorus's . For it feems probable enough that in the Time of the debauch’d and loofe Emperors, when Mimicks and Buffoons came in for Interludes to Tragedy as Well as Comedy, the Chorus ceas’d by Degrees to be a Part of Book V. of the Romans. 291 the Dramatick Poem, and dwindled into a Troop of Muii- cians and Dancers, who mark’d the Intervals of the A ffs. The Office of the Chorus is thus excellently deliver’d by Horace : Helens paries Chorus officiumque virile hDefendat : neu quid medios intercinat aBus ghiod ncnfropcfiio conditcat & h great ape , 11 le bonis faveatque £5? cdncilktur amici s i Et regat iratos , £*? amet peccare tmentes $ Ille dapes laudet menfg brevis $ ilk falubrem ffuftitiam , legefqzie £5? apertis otia portis. file tegat commijfa 5 deofque precetzir & cret Ut rede at mi fens , ah eat for tuna fnperbis. A Choms fhould fiipply what AfHon wants, And has a generous and manly Part, Bridles wild Rage, loves rigid Honefly, And drift Obfervanee of impartial Laws, Sobriety, Security, and Peace, And begs the Gods to turn blind Fortune’s Wheel, To raife the Wretched, and pull down the Proud 5 But nothing mud be fung between the Acts But what fome Way conduces to the Plot. £ My Lord Rofcommon * This Account is chiefly to be underflood of the Chorus of Tragedies 5 yet the old Comedies, we are aflur’d, had their Chorus's too, as yet appears in Hrifiophanes 5 where, belides thofe compos’d of the ordinary Sort of Perfons, we meet with one or Clouds, another of Frogs, and a third of Wafps, but all very conformable to the Nature of the Subject, and extremely comical. ’Twould be foreign to our prefent Purpofe, to trace the Original of the Chorus , and to fhew how it w ; as regulated by Ehejpis, (generally honour’d with the Title of the flrft Tra- gedian whereas before ’twas nothing elfe but a Company of Muficians flnging and dancing in Honour of Bacchus. It may be more proper to obferve how it came, after fome Time, to be left out in Comedy, as it is in that of the Ro- mans. Horace's Reafon is, that the Malignity and fatirical Humour of the Toets was the Caufe of it 5 for they made T 2 the I 292 The Tragedy dnd Comedy Part If. the Chorus’s abufe People fo feverely, and with fo bare at Pace, that the Magiftrates at laft forbad them to life any at ail. — — — *— Chorufque ! Turj>i ter obticuit , fublato jure nocendi * But perhaps, if the Rules of Probability had not likewife feconded this Prohibition, the Poets would have preferv’d their Chorus, ftill, bating the fatirical Edge of it. Therefore a farther Reafon may be offer’d for this Alteration. Comedy took its Model and Conflitution from Tragedy 5 and when the downright Abuflng of living Perfons was prohibited, they invented new Subjects, which they govern’d by the Rules of Tragedy 5 but as they were neceilitated to paint the A&ions of the Vulgar, and confequently confin’d to mean Events, they generally chofe the Place of their Scene in fome Street, before the Houfes of thofe whom they fuppos’d concern’d in the Plot: Now it was not very likely that there fhould be fuel) a Company in thofe Places, managing an Intrigue of inconfiderable Perfons from Morning till Night. Thus Comedy of itfelf let fall the Chorus , which it could not pre~ ferve with any Probability. The ifibitf, or Flutes, are as little underflood as any par- ticular Subject of Antiquity, and yet without the Know- ledge of them we can make nothing of the Titles prefix’d to C l’erence\ Comedies. Horace gives us no farther Light into this Matter, than by obferving the Difference between the fmall rural Pipe, and the larger and louder Flute, afterwards brought into Fafhion 5 however his Account is not to be pals’d by s ] 'ibid non tit nunc orichalco viffa, tub deque JEmula 5 fed tenuis fmplexque for amine fanco, Adfpirare & adejje chcris erat utilis , atque Jdondum fpiffa nimis complete fedilia flam, £>)uo fane populus numerabilis , titfote parvus ^ Eft fnigi caftufque verecundufque coibat. c Poftquam coepit agros extender e vifor, & nrbem Eatior ample Eli mums , vinoque diurno ^platan Genius fefiis impune diebiis ^ jlcceJJit numerifque modifque licentia major . JndoEhts quid enim faperety liber que labcnm Rufiicus tirbano confufus , turf is honefio ? Sic Book V. of the Romans. Sic prifc£ motumqne & luxuriam addidit arti 1’ibicen , traxitque vagus per pulpit a vejiem. FirH the fhrill Sound of a fmall rural Pipe (Not loud like Trumpets, nor adorn’d as now) Was Entertainment for the Infant Stage, And pleas’d the thin apd bafhful Audience Of our well-meaning frugal AnceHors. Eut, when our Walls and Limits were enlarg’d, And Men (grown wanton by Profperity) Studied new Arts of Luxury and Eafe, The Verfe, the Mufick, and the Scenes improv’d ; Eor how /hould Ignorance be Judge of Wit? Or Men of Senfe applaud the Jells of Fools? Then t came rich Clothes and graceful Action in, And InHruments were taught more moving Notes. [My Lord Rofcommcn. This Relation, tho’ very excellent, cannot falve the main Difficulty ; and that is, to give the proper Dillinflion of the Flutes, according to the feveral Names under which we find them, as the ‘Pares and Impares , the Dextree and Sinijira , y the Lydiee, the Sarrana y and the Rhrygiee . Moll of the eminent Criticks have made fome Eflays towards the Clear- ing of this Subject, particularly Scaliger, Aldus Manutius , Salmafms , and L'anaquillus Faber ; from whofe Colleff ions, and her own admirable Judgment, Madam ‘JDacier has lately given us a very rational Account of the Matter. The Per- formers of the Mufick (fays Hie) play’d always on two Flutes the wholeTime of the Comedy; that, which they Hopp’d with their Right-hand, was on that Account call’d Right-hand- ed, and that which they Hopp’d with their Left, Left-handed ^ the firfl had but a few Holes, and founded a deep Bafe, the other had a great Number of Holes, and gave a fhriller and^ fharper Note. When the Muficians play’d on two Flutes of a different Sound, they us’d to fay the Piece was play’d j Ti- bids imp aribus, with unequal Flutes, or F'ibiis dextris & fi- niftris , with Right and Left-handed Flutes . When they play’d on two Flutes of the fame Sound, they us’d to fay the Mufick was perform’d Fibiis paribus dextris , on equal Right-handed Flutes , if they were of the deeper Sort, or elfe ‘Tibiis paribus finiflris, on equal Left-handed Flute s r if they were thofe of the fhriller Note. T 3 Twa 2 94 Tk Tragedy and Comedy Part If. Two equal Right-handed Plutes they call’d Lydian, tw) Pro Quind. t 4 CHAP*. 2 ^6 Tf) e Sacred Games Part II, CHAP. VII. Of the Sacred , Votive, and Funeral Games. HT H E facred Games, being inflituted on feveral Occafions to the Honour qf leveral Deities, are divided into many Species, all which very frequently occur in Authors, and may be thus in fhort defcrib’d. The JLXJDI MEGALENSES were inftituted to the Ho- nour of the great Goddefs, or the Mother of the Gods, when her Statue was brought with fo much Pomp from fPeJJintnn to Rome 5 they corfifted only of Scenical Sports, and were a folemn Time of Invitation to Entertainments among Friends. In the folemn Proceftion the Women danc’d before the Image of the Goddefs, and the Magiftrates appear’d in all their Robes, whence came the Phrafe of Rzirfura Megalenfis 5 theylafled fix Days, from the Day before the Nones of April* to the Ides. At firft they feem to have been called the Me- galenfid , from /uiya<, great , and afterwards to have loft the n 5 fince we find them more frequently under the Name of Megalefia. It is particularly remarkable in thefe Games, that no Servant was allow’d to bear a Part in the Celebration. The LU2)J CERE ALES were defign’d to the Honour of Ceres , and borrow’d from Elenfine in Greece. In thefe Games the Matrons reprefented the Grief of Ceres , after ftie had loft her Daughter Rrcj'erfine , and her Travels to find her again. They were held from the Day before the Ides of Aprils eight Days together in the Circus , where, befides the Combats of Horfemen, and other Diverfions, was led up the Rom fa Circenfis , or Cerealis , confifting of a folemn Procef- fion of the Perfons that were to engage in the Exercifes, ac- companied with the Magiftrates and Ladies of Quality, the Statues of the Gods, and of famous Men, being carried along in State on Waggons, which they call’d I’henfe* IXWI E LOR ALES) facred to Flora, and celebrated (upon Advice of the Sibylline Oracles) every Spring to beg a Blefting on the Grafs, Trees, and Flowers. Moft have been rf Opinion that they ow’d their Original to a famous Whore, who, having gain’d a great Eftate by her Trade, left the Common ~ Book V. of the Roman s. 297 Commonwealth her Keir, with this Condition, that every Year they fhould celebrate her Eirth-day with publick Sports, the Magistrates, to avoid fuch a publick Scandal, and at the fame Time to keep their Promife, held the Games on the Day appointed, but pretended that it was done in the Ho- nour or a new Goddefs, the Patronefs of Flowers. Whether this Conje&ure be true or no, we are certain that the main Part of the Solemnity was manag’d by a Company of lewd Strumpets, who ran up and down naked, fometimes dan- cing, fometimes fighting, or a&ing the Mimicks. However it came to pafs, the wifed and graved Romani were not for difcontinuing this Cudom, tho’ the mod indecent imagina- ble: For Fortins Cato , when he was prefent at thefe Games, and faw the People afhamed to let the Maids drip while he was there, immediately went out of the Theatre, to let the Ceremony have its Courfe (af. Learned Men are now agreed, that the vulgar Notion of Flora , the Strumpet, is purely a Fi&ion of LaBantiiis, from whom it was taken. Flora appears to have been a Sabine Goddefs 5 and the Lu- di Florales to have been indituted A. U. C. 61 3, with the Fines of many Perfons then convi&ed of the Crimen Fecu- latlis, for appropriating to themfelves the publick Land of the State (b). LUiDI MAR FIALES, indituted to the Honour of Mars, and held twice in the Year, on the 4th of the Ides of May , and again on the Kalends of Angnfl, the Day on which his Temple was confecrated. They had no particular Ce- remonies that we can meet with, befides the ordinary Sports }n the Circo, and Amphitheatre, 1 JJDI AFOLLINARES , celebrated to the Honour cf Apollo. They owe their Original to an old prophetical Sort of a Poem cafually found, in which the Romans were ad- vis’d, that, if they defir’d to drive out the Troops of their Enemies which infeded their Borders, they fhould inditute yearly Games to Apollo , and at the Time of their Celebration make a' Cohesion out of the publick and private Stocks, for a Prefent to the God, appointing ten Men to take Care they were held with the fame Ceremonies as in Greece (c), Macrobius relates, that the fird Time thefe Games were kept, an Alarm being given by the Enemy, the People im- mediately march’d out againd them, and, during the Fight, (a) Valer. Maxim, lib. 2. cap. 5. ( f ) Vid. . Grsev. Trafat. cf 1. Tin. Tbefax • lA. it. (r) Liv. lib. 25. 298 The Sacred Games Part II. faw a Cloud of Arrows dilcharg’d from the Sky on the ad- verfe Troops, fo as to put them to a very diforderly Flight, and fecure the V idory to the j Romans {a). The People fat to fee the Circenfian Plays, all crown’d with Lawrel, the Gates were fet open, and the Day kept facred with all Manner of Ceremonies. Thefe Games at firfi: were not fix’d, but kept every Year upon what Day the Prtftor thought fit, till about the Year of the City 545, a Law pafs’d to fettle them for ever on a conftant Day, which was near the Nones of July : This Alteration was occafion’d by a grievous Plague then raging in Rome , which they thought might in fome Mea- fure be allay’d by that Ad of Religion (b). LUDI CAPlJO LIN 7 , inltituted to the Honour of jhifiier Capitolinas, upon the Account of preferving his Tem ple from the Gauls. A more famous Sort of Capitoline Games were brought up by Domitian, to beheld every five Years, with the Name of Agones Capitolini , in Imitation of the Grecians. In thefe the Profellors of all Sorts had a pub- lick Contention, and the Vidors were crown’d, and prefent- ed with Collars, and other Marks of Honour. LUDI ROMANI , the moil ancient Games, inflituted at the firll Building of the Circus by TdrquiniiisPrijcus. Hence in a flrid Senfe, Ludi Circenfes is often us’d to fignify the fame Solemnity. They were defign’d to the Honour of the three great Deities, Jupiter, Juno, and Minerva. ’Tis worth obferving, that tho’ they were ufually call’d Circenfes, yet in Livy we meet with the Ludi Romani Scenici (^intimating that they were celebrated with new Sports. The old Fajti make them to be kept nine Days together, from the Day before the Nones, to the Day before the Ides of September : In which too we find another Sort of Ludi Romani, cele- brated five Bays together, within two Days after thefe. dp. Manutius thinks the laft to have been inftituted very late, not till after the Profecution of Ferres by Cicero ( d ). LUDI CONSUALES, inftituted by Romulus, with De- fign to furprize the Sabine Virgins 5 the Account of which is thus given us by Plutarch. “ He gave out as if he had found .‘g . cap. 32. (b) Dio. lib. 56. Sutton. Calig. 56. (c) Lib. 2. pp 4, (d) Mifcellan. cap. 58. and | CO The Sacred Games, Part II. and a£fures us, that we need go no further for the Rife of the Cuffom, than to the Sibylline Oracles, for which the Rowans had fo great an Effeern and Veneration, In thefe facre-d Writings, there was one famous Prophecy to this Effeft} That if the Romans , at the Beginning of eve- ry Age, fhould hold folemn Gaines in the Campus Marinis to the Honour of Fluto , Frojerpiue , Juno, Apollo, Diana , Ceres , and the Faroe, or three fatal Sifters, their City fhould ever fiourilh, and all Nations be fubje&ed to their Dominion. They were very ready to obey the Oracle, and, in all the Ce- remonies us’d on that Occafion, conform’d themfelves to its Directions. The whole Manner of the Solemnity was as fol- lows : In the firft Place, the Heralds receiv’d Orders to make an Invitation of the whole World to come to a Feafi which they had never feen already , and Jhonld never Jee again. Some few Days before the Beginning of the Games, th c Fhiindecemviri, taking their Seats in the Capitol, and in the Falatine Temple, distributed among the People puri- fying Compofitions, as Flambeaus, Brimiione, and Sulphur, prom hence the People pafs’d on to Diana's Temple on the Av entitle Mountain, carrying Wheat, Barley, and Bean?, as an Offering \ and after this they fpent whole Nights in De- votion to the Deflinies. At length, whenfhe Time of the Games was actually come, which continued three Days and three Nights, the People affembled in the Campus Martins , and facrifi c’d to Jupiter , Juno, Apollo, Latona , Diana , the Fared, Ceres , Flnto, and Trover pine , On the firft Night of the Feaff, the Emperor, accompanied by the (puindecem- virty commanded three Altars to be rais’d on the Bank of Fiber , which they fprinkled with the Blood of three Lambs, and then proceeded to burn the Offerings and the ViCfims. After this they mark’d out a Space which ferv’d for a Fhe- atre , being illuminated by an innumerable Multitude of plambeaus and Fires $ here they fung fome certain Hymns, compos’d on this Occaiion, and celebrated all Kinds of Sports. On the Day after, when they had been at the Ca- pitol to offer the Vicfims, they return’d to the Campus Mar- tins, and held Sports to the Honour of Apollo and Diana , Thefe laffed till the next Day, when the noble Matrons, at the Hour appointed by the Oracle, went to the Capitol to png Hymns to Jupiter. On the third Day, which conclu- ded the Feaft, twenty- feven young Boys, and as many Girls, fung in the Temple of ‘palatine Apollo, Hymns and V erfc^ Book V. of the Romans- 301 Verfes in Greek and Latin, to recommend the City to the Protection of thofe Deities whom they defign’d particularly to honour by their Sacrifices. The famous Secular Poem of Horace was compos’d for this laft Day, in the Secular Games held by Align jtns. Da* cier has given his Judgment on this Poem, as the Mafter- piece of Horace 3 and believes that all Antiquity cannot fur- mfh us with any thing more happily compleat. There has been much Controverfy, whether thefe Games were celebrated every hundred, or every hundred and ten Years* For the former Opinion, Cenfonnus alledges the Teftimony of Valerius Anti as, Varro, and Livy 3 and this was certainly the Space of Time which the Romans call’d StfCiilam, or an Age. For the latter he produceth the Au- thority of the Regifters, or Commentaries of the £kiindecem- viri, and the Edi&s of Angufius, befides the plain Evidence of Horace in his Secular Poem 3 Cetus undenos decks per annos, See. This laft Space is exprefly injoin’d by the Sybilline Ora- cle itfelf 3 the Verfes of which, relating to this Purpofe, are tranferib’d by Zcjimus in the fecond Book of his Hiftory. evns xv Mfunoirt Zsoiiii eis Iricov UetTvy dUa, Kifnthov oddLcov, &c. Yet according to the ancient Accounts we have of their Celebration in the feveral Ages, neither of thefe Periods are much regarded. The firft were held A. U. C. 2.45. or 298. The fecond A. 330, or 408. The third A. 518. The fourth either A. 605, or 608, or 6 28, The fifth by Augnflus, A. 73 6 . The fixth by Claudius, A. 800. The feventh by Domitian, 841. The eighth by Severus, A . 95 7 * The ninth by Rioilip, 1000* The tenth by Honorius, A. 1157* This Diforder, without Queftion, was owing to the Ambi- tion of the Emperors, who were extremely defirous to have the Honour of celebrating thefe Games in their Reign 3 and therefore, upon the flighteft Pretence, many Times made (a) £>( Dei Natali, cap- 17. them 3 ox The Sacred Gatnes, 8cc. Part IL them return before their ordinary Courfe. Thus Claudius pretended that Auguftus had held the Games before their due Time, that he might have the lead: Excufe to keep them within fixty-four Years afterwards. On which Ac- count, Suetonius tells us, that the People fcoffed his Cryers, when they went about proclaiming Games that no Body had ever feen, nor would fee again 5 whereas there were not on- ly many Perfons alive who remember’d the Games of Au- guftus, but feveral Players, who had a£fed in thofe Games* were now again brought on the Stage by Claudius ( ay What Part of the Year the Secular Games were celebrated in, is uncertain 5 probably in the Times of the Common- wealth, on the Days of the Nativity of the City, /* e. the 9, 10, 11 Kal. Mai . but under the Emperors, on the Day when they came to their Power (£). We may conclude our Enquiry into this celebrated Sub- je£f, with two excellent Remarks of the French Critick* The firft is, that in the Number Three, fo much regarded in thefe Games, they had probably an Allufion to the Tripli- city of Fhosbus, of dDiana , and of the Deftinies. The other Obfervation, which he obliges us with, is, that they thought the Girls which had the .Honour to bear a Part in hnging the Secular Poem, fhould be the fooneft married * This Superilition they borrow’d from the Theology of the Grecians, who imagin’d that the Children, who did not fing and dance at the Coming of Apollo, fhould never be married* and fhould certainly die young. To this Purpofe Callima * chus in his Hymn to Apollo : Mmt* cricd7n)h.Y\v aiScL&v-, [j.yit 'lyvOr T« $oiCu 7fc\r 'TrdjiS'cti ^yeiv oTJiS'tiuriera.v'j E/ Tihlim y&Kkdfi ydy.ov, wokim ts And Horace , encouraging the Chorus of Girls to do their bed: in finging the Secular Poem, tells them how proud they would be of it, when they were well married. Nupta jam dices : Ego diis amicum , Seculo fefias referent e luces , Jleddidi carmen , docilis modorum Vatis Horath {&) Suettn. Claud. 21. (b) Mr. Walker of Coins, p, 168, AJI Book V. The Votive Games, See. 505 All thofe Games, of what Sort foever, had the common Name of Votivi , which were the Effe& of any Vow made by the Magiftrates or Generals, when they fet forward on any Expedition, to be perform’d in cafe they returned fuccefsfui. Thefe were fometimes occafion’d by Advice of the Sibylline Oracles, or of the Southfayers 5 and many Times proceeded purely from a Principle of Devotion and Piety in the Gene- rals. Such particularly were the Lttdi Magni , often menti- oned in Hiftorians, efpecially by Livy. Thus he informs us. That in the Year of the City 5 3 6, Fabitis Maximus the Dic- tator, to appeafe the Anger of the Gods, and to obtain Suc- cefs againft: the Carthaginian Power, upon the Direction of the Sibylline Oracles, vowed the Great Games to Jupiter y with a prodigious Sum to be expended at them 3 belides three hundred Oxen to be facrificed to Jupiter, and feveral others to the reft of the Deities (a). M. Aci litis the Con ful did the fame in the War againft Antiochus {Jo). And we have fome Examples of thefe Games being made Spuinquetimal y or to return every five Years (e). They were celebrated with Circenfian Sports four Days together (d). To this Head we may refer the Jjudi Vi St or ice mention’d by Veil. ‘Paterculus (e), and Af- conius (f) : They were inftituted by Sylla y upon his conclu- ding the Civil War. It feems probable, that there were ma- ny other Games with the fame Title, celebrated on account of fome remarkable Succefs, by feveral of the Emperors. The Liidi quinquennales , inftituted by Augujtus Ccefar af- ter his Vidory againft Antony 3 which refolving to deliver famous to fncceeding Ages, he built the City Nicopelis , near ASiinm y the Place ot Battle, on Purpofeto hold thefe Games 3 whence they are often call’d Ludi AEliaci. They confided of Shows of Gladiators, Wreftlers, and other Exercifes, and were kept as well at Koine as at Nicopolis . The proper Curators of them were the four Colleges of Priefts, the ( Pontifices y the Augurs , the Septemviri and pjuindecernviri . Virgil in Allufion to this Cuftom, when he brings his Hero to the Promontory of Actium y make him hold folemn Games, with the Luftrations and Sacrifices us’d on that Oc- cafion by the Romans. Luflramurque Jovi, vetifqtte incendimus aras 3 Afriaque Iliads celebramus littora Lltdis. Mu. 3 . (a) Liv. lib. 2$. ( b ) Idem. lib. 36. (c) Liv. lib* 27. & lib. 30. (d) Hid. ft) Lib. cap. 27. ( f ) InVerrin. 2. * Nero, ?°4 The Funeral Games Part Ili NerOy after the Manner of the Grecians, inftituted ghiin- quennial Games, at which the moft celebrated Matters of Mufick, Horfe-racing, Wrettling, &c. difputed for the Prize w- The fame Exercifes were perform’d in the Quinquennial Games of Domitian , dedicated to Jupiter Capitolinus, toge- ther with the Contentions of Orators and Poets '(b ) 9 at which the famous Statius had once the ill Fortune to lofe the Prize $ as he complains feverai Times in his Mifcellany Poems. Ludi riecennaleSy or Games to return every tenth Year* were inftituted by AagufiuSy with this political Defign, to fecure the whole Command to himfelf, without incurring the Envy or Jealoufy of the People. I For every tenth Year proclaiming loiemn Sports, and fo gathering together a nu- merous Company of Spebfators, he there made Proffer of refigning his imperial Office to the People, tho’ he immedi- ately refum’d it, as if continu’d to him by the.common Con- lent of the Nation (c). Hence aCuflom was deriv’d for the fucceeding Emperors, every tenth Year of their Reign, to keep a magnificent Feaft, with the Celebration of all Sorts of publick Sports and Exercifes (d). The Ludi Triumph ales were fuch Games as made a Part of the triumphal Solemnity. Ludi Natalitii, inftituted by every particular Emperor to commemorate his own Birth-day. Ludi JmenaleSy inftituted by Nero at the Shaving of his Beard, and at firft privately celebrated in his Palace or Gar- dens 3 but they foon became Publick, and were kept in great State and Magnificence. Hence the Games held by the following Emperors in the Palace, yearly on the firft of Ja- nuary y took the Name of Juvenalia (e). Cicero fpeaks of the Ludi JuventutiSy inftituted by Sali- natcr in the Senenfian War, for the Health and Safety of the Youth, a Plague then reigning in the City (f). The Ludi Mifcelliy which Suetonius makes Caligula to’ have inftituted at Lyons in France 9 feem to have been a Mifcellany of Sports, confiding of feverai Exercifes join’d together in a new and unufual Manner (g). The LUDI FUNFR RJES y affign’d for one Species' of the Roman Publick Games, as to their Original and (a) Sueton. Ner. 12. ( b ) Idem Domit. 4. ( c ) Dio, lib. 53. (d) Ibid. ( Vejliar. lib. i, cap. 14. (<•) Strvws ad Virgil- iEn. 7. v. 6 is Every Book V. the Romans. 5 op Every one knows that the Gown was the diftinguifhing Mark of the Romans from the Greeks , who wore the R alli- um , or Cloak, as their common Garment, whence TogatUS and Ralhatus are often us’d for Roman and Grecian ; as al- fo that the Gown was the proper Badge of Peace, being generally laid afide upon engaging in any martial Deiign 5 yet it appears from feveral Pafiages qf Livy and R kit arch y that it was fometimes worn in the Camp ; if fo, perhaps the Equites and Centurions had this peculiar Privilege, and that only when they lay in the Camp without any Thoughts of fudden A£tion, as Manutius learnedly conjedlures (a). The Toga Rr at 5 1 4 T 7 ;e Habit of Part II. (tf), at firft were cloth ’d only in the Gown. In a little Time they found the Convenience of a fhort ftrait EuniCy that did not cover 'the Arms 5 like the Grecian «/W. Afterwards they had Sleeves coming down to the Elbow, but no farther. Hence Suetonius tells us that C#far was re- markable in his Habit, becaufe he wore the Laticlavian ! Tiinic , clos’d with Gatherings about his Wrift ( \b ). Rubeni - as thinks he might ufe this Piece of Singularity to fhow himfelf defcended from the Trojans, to whom Romulus ob- jects, in Virgil , as an Argument of their Effeminacy, Et tunic# manicas , & habent redimicula mitr fid ri ctAAn roA w to 7 dng. cap. 37. ( c ) TriJEum 1 . 3. Eleg. 10. ( d ) Prxfat. ad 1 . 3. Sylvarum. ( e ) Sylv. 1 . 3, (arm. 2. (/) See JLipf. Elttf, 1 , 1. c. 13. <& Dr. Holy day on Juvenal. Sac, i, Ruben ins 2 1 8 The Habit of Part It. Rubenius will have the Lacerna and the Fenula to be both clofe-bodied Kind of Frocks, girt about in the Middle, the only Difference between them being, that the FenuldS were always brown, the Lacerna of no certain Colour 5 and that the Cuciillus , the Cowl or Hood, was few’d on the former* but worn as a dittind Thing from the other (a). But Fer- rarius , who has fpent a whole Book in animadverting on that Author, wonders that any Body ttiould be fo ignorant, as not to know thefe two Garments to have been quite di- ttin6f Species ( b ). It will be expected that the Habits of the Roman Priefls Ihou’d be particularly defcrib’d 3 but we have no certain In- telligence, only what concerns the chief of them, the Augurs, the Flamens, and the Pontifices. The Augurs wore the Fra- bea firtt dy’d with Scarlet, and afterwards with Purple. Ru- benius takes the Robe which Herod in Derifion put on our Saviour to have been of this Nature, becaufe St. Matthew calls it Scarlet, and St. Luke Purple. Cicero ufeth fZ Yibaphus (a Garment twice dy'd) for the Augural Robe (c). The proper Robe of the Flamens was the Laena, a Sort of Purple Chlamys , or almoft a double Gown, fatten’d about the Neck, with a Buckle or Clafp. It was interwoven curi- outty with Gold, fo as to appear very fplendid and magnifi- cent. Thus Virgil defcribes his Hero in this Habit, — lyrioque ar debat mnrice Irena Demiffa ex humeris ; dives qii<£ munera Dido Fecerat , & term telas difcreverat aim. Mn. 4. The Pontiffs had the Honour of ufing the Fr^etexta- and fo had the Epulones , as we learn from Livy , Lib. 43. The Priefls were remarkable for their Modetty in Appa- rel, and therefore they made ufe only of the common Pur- ple, never affecting the more chargeable and fplendid. Thus Cicero, Veftitus after nofir a hac purpura flebei a ac pene fufca [L). He calls it our Furple , becaufe he himfelf was a Member of the College of Augurs. There are two farther Remarks which may be made in Reference to the Habits in general. Firtt, that, in theTime of any publick Calamity, ’twas an ufual Cuftom to change their Apparel, as an Argument of Humility and Contrition 3 of which we meet with many Inttances in Hiftory. On fuch (a) De Laticlav. lib. i. cap. 6. (b) finals U, de lie Veft. cap. ult. (c) EpijU Fa mil. lib, 2 . Epifi . 1 6 . (d) Pro Sextio, O c- Book V. ^Romans. 319 Occafions the Senators laid by the Laticlave , and appear’d only in the Habit of Knights. The Magistrates threw afide the Rroetexta , and came abroad in the Senatorian Garb. The Knights left off their Rings, and the Commons chang’d their Gowns for the Sagum or Military Coat {a). The other Remark is the Obfervation of the great Caftau- bon, that the Habit of the Ancients, and particularly of the Romans , in no Refpeft differ’d more from the Modern Drefs, than in that they had nothing anfwering to our Breeches and Stockings, which if we were to exprefs in Latin , we fhould call femoralia and tibialia . Yet, inff ead of thefe, under their lower Tunics or Waiftcoats, they fometimes bound their Thighs and Legs round with Silken Scarfs or faftciae $ tho* thefe had now and then the Name of fotminalia or femoralia and tibialia , from the Parts to which they were apply *d (£). As to the Habit of the other Sex, in the ancient Times of * the Common-wealth, the Gown was us’d alike by Men and Women (c). Afterwards the Women took up the Stola and the Ralla for their feparate Drefs. The Stola was their or- dinary Veft, worn within Doors, coming down to their An- kles : When they went abroad they flung over it the Rail a or Rallinm a long open Manteau (d), which cover’d the Stola and their whole Body. Thus Horace , Ad talos flola demijfa & circumdata falla (e). And Virgil , defcribing the Habit of Camilla > Rro crinali auro , fro longae tegmine f alias, Rigridis exuviae fer dor firm a vert ice fendent (f). They drefs’d their Heads with what they call’d Vittae and Taftciae, Ribbons and thin Safhes 5 and the la A Sort they twill- ed round their whole Body, next to the Skin, to make them (lender 5 to which ‘Terence alludes in his Eunuch (g). Rubenius has found this Difference in the Stelae , that thofe of the ordinary Women were white trimm’d with golden Purls (h) : Hand fimilis virgo eft virginum noftrarum , quas matres ftu- DemiJJis Joumeris ejje, vinBo feBore , tit gracilesfiant. ( dent The former Ovid makes to be the diftinguifhing Badge of honeft Matrons and chafte Virgins. (a) See F err ay. de Re Vefiiar. lib. I. cap. 27.' (b) Suet on. ^Augujl . cap. 82. €ufaubon , ad locum. (c) Vid. Ferrar. de Re Veft. lib. 2. cap. 17. (cl) Da~ tier on Horace . lib. 1. Sat. 2. ver. 99. ( e ) Horace, ibid. (/) c/£». 11. 5 Mr. 576. (g) De Latielav. lib. i. cap. 16 ( h ) mtt, 2. Seen. 4. Efie 3 2 0 The Habit of Part IL Efie jf rocul vittas tenues , infigne pidoris (a). And defcribing the chade ‘Daphne^ he fays, Vitta coercebat fiofitos fine lege cafiillos (b). It’s very obfervable, that the common Courtezans were not allow’d to appear in the Stela , but oblig’d to wear a Sort of Gown, as a Mark of Infamy, by reafon of its Refemblance to the Habit of the oppofite Sex. Hence in that Place of Horace y — —gkiid inter— Efi y in matrona , ancilla y fieccefive t ogata ? L.i. S. 2. V. 53. The mod judicious Dacier underdands by l*ogata the com- mon Strumpet, in Oppolition both to the Matron and the Serving- Maid. Some have thought that the Women (on fome Account or other) wore the Lacerna too: But the Rife of this Fancy * is owing to their Miftake of that Verfe in Juvenal \ Ipfe lac&rnat# cum fe jaffaret arnica. Where it mud be obferv’d, that the Poet does not fpeak of the ordinary Miffes, but of the Eunuch Sfiorus y upon whom Nero made an Experiment in order to change his Sex. So that Juvenal's Lacernata a?nica is no mote than if we fhould fay a Mifirefs in Breeches* The Attire of the Head and Feet will take in all that re- mains of this Subjeft. As to the fird of thefe, it has been a former Remark that the Romms ordinarily ufed none, except the Lappet of their Gown; and this was not a con- dant Cover, but only occadonal, to avoid the Rain, or Sun, or other accidental Inconveniencies. Hence it is that we fee none of the old Statues with any on their Heads, bdides now and then a Wreath, or fomething of that Nature. Euftathi - us, on the fird of the Odyfies , tells us that the Latins deriv’d, this Cudom of going bare-headed from the Greeks , it being notorious, that in the Age of the Heroes, no Kind of Hats or Caps were at all in Fafhion : Nor is there any fuch Thing to be met with in Homer . Yet at fome particular Times we find the Romans ufing fome Sort of Covering for the Head ; as at the Sacrifices , at the Publick Games, at the Fead of Saturn y upon a Journey, or a warlike Expedition. Some Perfons too were allow’d to have their Heads always cover d, as Men who had been lately made free* and were thereupon fhav’d clofe on their Head, might wear the (Pi- lens, both as a Defence from the Cold, and as a Badge of their Liberty. And the fame Privilege was granted to Per- fons under any Indifpofition (b)* As {a) Metamorpb. lib. i„ Fab. $- t (b) Upfrnt dc lA/nphithe, cap. JJ?< Book V. the Roman s. 321 As for the feveral Sorts of Coverings defign’d for thefe Ufes, many of them have been long confounded beyond any Poflibility of a Didinftion 3 and the learned Salmafius (a) has obferv’d, that the Mttra> and the Rileus , the Cucullus , the Galems, and the Fattiolum, were all Coverings of the Head, very little differing from one another, and promifcu- oufly us'd by Authors 5 however, there are fome of ’em which deferve a more particular Enquiry. The Gcilents , VoJJius (b) derives from Gale a , the Roman Helmet, to which we muff fuppofe it to have born fome Re- femblance. Servius, when he reckons up the feveral Sorts of the Prieds Caps, makes the Galems one of them, being com- pos'd of the Skin of the Bead offer’d in Sacrifice : the other two being the Jlpex , a ditch’d Cap in the Form of a Helmet, with the Addition of a little Stick fix’d on the Top, and wound about with white Wooll, properly belonging to the Flcmmes 3 and the I'utulus, a Woollen Turban, much like the former, proper to the High-Pried* By the Galems it’s likely he means the albo-Galerus, made of the Skin of a white Bead offer’d in Sacrifice, with the Addition of fome Twigs taken from a wild Olive-tree, and belonging only to Jupiter's Flamen 5 yet we find a Sort of Galems in Ufe a- mong the ordinary Men, and the Galericuliim (which fome do call Galems') common to both Sexes 5 this was a Skin fo neatly drefs’d with Men or Womens Hair, that it could not eafily be didinguifh’d from the natural 3 it was particularly us’d by thofe who had thin Heads of Hair, as Suetonius re- ports of Nero (c) 5 as alfo by the Wredlers, to keep their own Hair from receiving any Damage by the nadyOils with which they were rubb’d all over before they exercifed. This we learn from Martial's Didich on the Galericulum . Ne lutei immundum nitidos ceroma capillos , Hacpoteris madidas condere pelle comas „ The Fileus was the ordinary Cap or Hat worn at publick Shows and Sacrifices, and by the freed Men 3 for a Journey they had the Fetafus, differing only from the former in that it had broader Brims, and bore a nearer Refemblance to our Hats, as appears from the common Pi&ures of Mercury 5 and hence it took its Name from vrildvwiAi, to open or fpread out (d). (4) In Vopif. & Grsev. j n Sueton. Claud. 2,' (h) Cap.' 1 2. (c) VoJptfB Bty.whg, in v, rsmftis, [d) Upfias de yimphiihm, cap. 1?. X The } 22 The Habit of P«irt II. The Mitra y the Tiara , and the i Diadem , tho* we often meet with them in Roman Authors, are none of them be- holden to that Nation for their Original. The Mitre feems to owe its Invention to the Trojans , being a crooked Cap tied under the Chin with Ribbons $ it belong’d only to the Women among the Romans^ and is attributed to the foreign Courtefans that fet up their Trade in that City, fuch as the • -p&a hi]) a barbara mitt a in Juvenal 5 yet among the "Trojans we find it in Ufe among the Men. Thus Remains fcouts them in Virgil , Et tunic# manicas & habent redimicula mitr # : O vere { Phrygi # 5 neque emm fPhryges (aj! And even JEneas himfelf is by larbas defcrib’d in this Drefs, M#cnia mentrnn mitr a crinemque madentem Subnexus . jEn. 4. 216". The Tiara was the Cap of State us’d by all the Eaffem Kings and great Men, only with this Difference, that the Princes wore it with a fharp flrait Top, and the Nobles with the Point a little bending downwards ( [b ). The "Diadem belong’d to the Kings of Rome as well as to the foreign Princes 5 this feems to have been no more than a white Scarf or Fafcia bound about the Head, like that which compofeth the Turkijb Turban. Thofe, who are willing to find fome nearer Relemblance between the Diadem and our modern Crowns, may be convinc’d of their Miftake from that Paffage of ‘Plutarch, where he tells us of a Princefs that made Ufe of her Diadem to hang herfelf with ( c ). Thefe white Fafci # among the Romans were always look- ed on as the Marks of Sovereignty 5 and therefore when tpomfey the Great appear’d commonly abroad with a white Scarf wound about his Leg, upon Pretence of a Bruife or an Ulcer ; thofe, who were jealous of his growing Power, did not fail to interpret it as an Omen of his affeffing the fu- preme Command 5 and one Favonius plainly told him, it made little odds on what Part he wore the Diadem , the In- tention being much the fame (d). To defcend to the Feet, the feveral Sorrs of the Roman Shoes, Slippers, &c. which moff frequently occur in Read- ing, are the ‘ Perones , the Calcei lunati , the Mallei y the So- le# and Crepidc f, and the Calig#, befides the Cothurnus and Soccus , which have been already defcrib’d, U) i£n. 9. 616. (b) Dempfier ad Rojin. lib, f. cap. 35 . (f) Hut. in bMV.lL (d) Valer. Max, lib. 6 , cap. 2, Book V. the Romans. 323 The Peronet were a Kind of high Shoes, rudely form’d of raw Hides, and reaching up to the Middle of the Leg 5 they were not only us’d by the Country People, as fome ima- gine, but in the City too by Men of ordinary Rank 5 nay, Rubenius avers, that in the elder Times of the Common- wealth^ the Senators, as well as others, went in the Zero's {a)-, however, when they came to be a little polifh’d, they left this clumfy Wear to the Ploughmen and Labourers, ana we fcarce find them applied to any one elfe by the Authors of the flourifhing Ages. Thus \ perjlus brings in the Peronatus arator 5 S. 5. V. 102. And Juvenal, — * guem non fudet alto Per glaciem prone tegi.—S. 14. V. 18 < 5 *. Virgil , indeed, makes fome of his Soldiers wear the Pero, but then they were only a Company of plain Rufticks, Le - gio agrefiis , as he calls them 5 befides, they wore it but on one Foot : - — ■ — Veftigia nuda fmiftri Inftituere pedis, crudus tegit altera fero. JE n. 7. 69 o. The Calcei lunati were proper to the Patricians, to diftin- guifii them from the Vulgar, fo call’d from an Half-moon in Ivory worn upon them. 'Baldwin will have the Half-moon to have ferv’d inftead of a Fibula or Buckle (b) $ but Rube- mus (c) refutes this Conjecture, by fhewing from Philo ftra- tus that it was worn by way of Ornament, not on the Fore- part of the Shoe, like the Buckle, but about the Ancle. Plu- tarch, in his Roraa?i Queftions, gives Abundance of Reafons why they us’d the Half-moon rather than any other Figure 5 but none of his Fancies have met with any Approbation from the Learned. The common Opinion makes this Cuftom an Allufion to the Number of Senators at their firft Inftitution, which, being 100, was fignified by the numeral Letter C. Yet the Patricians , before they arriv’d at the Senatorian Age, and even before they put on the Pretext a, had the Privilege of ufing the Half moon on their Shoes. Thus Statius , Sylv. 5. % Sic te clare puer genitum fibi curia fenftt : Primaque Patricia clanjit veftigia Inna, \a) De Laticlav. lib. 2. cap.' 1, £«•} De Laticlav . lib, 2, eap. 4, X (k) De Calm Antjq. cap. 9 - As 324 The Habit of Part If. As for the Senators, who were not ‘Patricians, they did not indeed wear the Half-moon 5 but that Ornament feems not to have been the only Difference between the Senatorian and the common Shoes 3 for the former are commonly re- prefented as black, and coming up to the Middle of the Leg 3 as in Horace , Book 1. Sat. 6 . — — Nigris medium impediit crus Pellibus. Rubenius will have this underflood only of the four Black Straps, which he fays fatten’d the Senators Shoes, being ty*cl pretty high on the Leg (a). fDacier tells us the Senators had two Sorts of Shoes, one for Summer, and the other for Winter 3 the Summer Shoes he defcribes with fuch Leathern Straps crofting one another many Times about the Leg, and nothing but a Sole at the Bottom : Thefe he calls Camfagi .> iho’ Rubenius attributes this Name to a Sort of Calig# worn by the Senators under the later Emperors (b). The Winter Shoes, he fays, were made of an entire Black Skin, or fome- times of a White one, reaching up to cover the greateff Part of the Leg, without any open Place, except on the Top (c)« It is uncertain whether the Calcei Miillei were fo call’d from the Colour of the Mullet, or whether they lent a Name to that Fifh from their reddifh Dye $ they were at firft the peculiar Wear of the Alban Kings, afterwards of the Kings ©f Rome , and upon the Eftablifhment of the free State, were appropriated to thofe Perfons who had born any Curule Of- fice 5 but perhaps they might be worn only on great Days, at the Celebration of fome publick Sports, when they were at- tir'd in the whole Triumphal Habit, of which too thefe Shoes made a Part. Julius Ccefar , as he was very fingular In his whole Habit, fo was particularly remarkable for wear- ing the Mullei on ordinary Days, which he did to fhew his Defcent from the Alban Kings (d). In Colour and Fafhion they refembled the Cothurni , coming up to the middle Leg* tho* they did not cover the whole Foot, but only the Sole, like Sandals (e)* Dacier informs us, that at fuch Time as the Emperors took up the Ufe of thefe red Shoes, the Cumle Magittrates chang’d the Fafhion for embroider’d ones (f)< The Roinan ScJeae were a Sort* of Sandals or Pantofles, without any Upper-Leather, fo that they cover’d only the (/?) De Re Vc(l. lib. 2. cap. 3. (b) Ibid. cap. $. (c) Dacier on Horace', Book 1. Sat. 6. ( d ) Dio. lib. 4 9, (4 Lib* 2. cap. 2. (f) Dacier. Horace, B Fribune of the People, the Consuls were e’en forc’d to give Confent to the enacting of a con- trary Decree, allowing a free Alliance in Marriage between Perfons of all Orders and Degrees (d). The Romans were very fuperftitious in Reference to the particular Time of Marriage, fancying feveral Days and Sea- fons very unfortunate to this Defign 5 the Kalends , Nones , and Ides of every Month, were ftriCtly avoided 5 fo was the whole Feaft of the Parent alia in February , as Ovid obferves, Faflor. z. Conde tuas , Hymencee , faces, & ab ignibtis atris Aufer j Joabent alias mcefia fepulchra faces . Go, Hymen , (lop the long expecting Dames, And hide thy Torches from the difmal Flames; Thy Prefence would be fatal while we mourn, And at fad Tombs mud other Tapers burn. The whole Month of May was look’d on as ominous to contracting Matrimony, as Plutarch acquaints us in his Ro- man Queftions, and Ovid, Faft. 5. Nec vidiice t cedis eadem , nec virginis apt a Fempora , qii£ nupfit nec diuturna fuit. Hac quoque de caufa , fi teproverbia tavgunt, Menfe malas Maio niibere vulgus ait . No Tapers then Ihould burn, nor ever Bride Link’d at this Seafon long her Blifs enjoy’d ; Hence our wife Matters of the Proverbs fay, Floe Girls are all flark naught that vced in May. In fhort, the mod happy Seafon, in all RefpeCIs, for cele- brating the Nuptial Solemnity, was that which follow’d the Ides of June, Thus Ovid, fpeaking of his Daughter : Banc ego cum vellem genero dare , tempora tacdis Apt a requirebam, qnaeque cavendaforent. (4) Lib. 6 . ( b ) Libo 38. (c) In Philipp. ( d ) Liv. Lib. 4, x 4 'Tmo 328 The Marriages of Part II. Ftinc mihi fiofi facras monfir atur Junius Idus Utilis & niiptis, tit His ejfe viris. Fafl. z. Refolv’d to match the Girl, I try’d to find What Days unprofp’rous were, what Moons were kind 5 After June's facred Ides my Fancy flay’d. Good to the Man, and happy to the Maid. The three Ways of contra&ing Matrimony were, fane, ccemptione , and ufiu, which fall properly under the Confide- ration of the Civil Law, the main Difference of them, in fhort, was this: Confarreatio was, when the matrimonial "Rites were perform’d with folemn Sacrifices, and Offerings of burnt Cakes, by the Tent if ex Maximus, and the Flamen i Dialis . dPliny fays this was the moft facred Tie of all (a)y yet we are alfur’d, that after fome Time, it was almoft uni- verfally laid afide, as thought to include too many trouble- fome Ceremonies ( b ). A Divorce, after this Way of Marri- age, Feftus calls Tdiffarreatio. Coemftio was, when the Per- fons folemnly bound themfelves to one another by the Cere- mony of giving and taking a Piece of Money. The Marri- age was faid to be made by Ufe , when, with the Confent of her Friends, the Woman had liv’d with the Man a whole Year compleat, without being abfent three Nights, at which Time flie was reckon’d in all Refpe&s a lawful Wife, tho* not near fo clofely join’d as in the former Cafes. The Nuptial Ceremonies were always begun with the ta- king of Omens by the Aufipices. Hence Fully, Nubit genero focrus nullis aiifpicibus , nullis aufforibus , funefiis ominibus omnium (c). In dreffing the Bride, they never omitted to divide her Locks with the Head of a Spear, either as a Token that their Marriages firft began by War and A£ls of Hoftility upon the Rape of th'e Sabine Virgins ( \d ) 5 or as an Omen of bearing a valiant and warlike Off-fpring 5 or to remind the Bride, that, being married to one of a martial Race, fhe fhould ufe her- felf to no other than a plain unaffe&ed Drefs 5 or becaufe the greateft Part of the Nuptial Care is referr’d to Juno, to whom the Spear is facred, whence fhe took the Name of Fed Spuiris, ghiiris among the Ancients fignifying this Weapon (ej. Ovid alludes to this Cuflom in the fecond of his Fafii: Nec tibi quee cupidee matura videbere matri Comat virgineas hafia recurva comas . (a) Lib. 1 8. cap. 2. (/) Tacit. %Annal. 4. (c) Or at, pre fluent. . (d) Plutarch in Rorntth ( e ) idem Qu&Jt. Rom, 67 . • •■■■• > - Thou 3 *9 Book V- the Roman s. Thou whom thy Mother frets to fee a Maid, Let no bent Spear thy Virgin Locks divide. In the next Place they crown’d her with a Chaplet of Flowers, and put on her Veil or Flammeum , proper to this Occalion. Thus Catullus. Cinge tempora floribus Suaveolentis amaraci ; Flammeum cape. And Juvenal , defcriking Mejfalina , when about to m^rry Slims: • Fhidum fedet ilia par at o Flammeolo. Sat. io. Inftead of her ordinary Cloaths, /he wore the Tunica rec- ta , or common Tunic, call’d reBa, from being woven up- wards, of the fame Nature with that which the young Men put on with their Manly Gown ( a ) ; this was tied about with a Girdle which the Bridegroom was to unloofe. Being drefs’d after this Manner, in the Evening /he was led towards the Bridegroom’s Houfe by three Boys habited in the Prtftexta , whofe Fathers and Mothers were alive. Five Torches were carried to light her; for which particu- lar Number, Plutarch has troubled himfelf to find out feve- ral Reafons (b). A DiftafF and a Spindle were likewife born along wirh her, in Memory of Caia Cecilia , or Tanaquil \ Wife to Tarquinius Prifcus , a famous Spinfter (c) : And on the fame Account the Bride call’d herfelf Caia , during the Nuptial Solemnity, as a fortunate Name. Being come to the Door, (which was garnifh’d with Flowers and Leaves, according to that of Catullus: Veftibulum tit molli ve latum fronde vireret . ) ihe bound about the Pofts with Woollen Lifts, and wa/h’d them over with melted Tallow, to keep out Infe&ion and Sorcery. This Cuftom Virgil alludes to JEn. 4. Pneterea fuit in teBis de marmore templum Conjugis antiqui , miro quod honore colehat , Velleribus niveis & fe (la fronde revinBum . Being to go into the Houfe, /lie was not by any Means to touch the Threfhold, but was lifted over by main Strength. Either becaufe the Threfhold was facred to Vefta, a moft chafte Goddefs, and fo ought not to be defil’d by one in thefe Circumftances : Or elfe, that it might feem a Piece of (4) Pliny, lib. j. cap. 48. (l>) Rom z , (r) Pliny, lib, 8 . cap. 48. Modefty 550 The Marriages of Part II. Modefly to be compell’d into a Place where fhe fhould ceafe to be a Virgin (a). Upon her Ent rance, die had the Keys of the Houfe deli- ver’d to her, and was prefented by the Bridegroom with two Veffels, one of Fire, the other of Water, either as an Em- blem of Purity and Chaftity, or as a Communication of Goods, or as an Earned of flicking by one another in the greatefl Extremities (b). And now fhe and her Companions were treated by the Bridegroom at a fplendid Feafl 5 on which Occafion, the Sumptuary Laws allow’d a little more Liberty than ordinary- in the Expences. This Kind of Treat was feldom without Muflck, compos’d commonly of Flutes $ the Company all the while linging ! T'halaJJius , or JbalaJJiO) as the Greeks did Hymenreus. There are feveral Reafons given by Plutarch (c) 9 for the Ufe of this Word : The common Opinion makes it an Admonifliment to good Hufwifry 5 the Greek Word t aKclgicl fignifying Spinning \ and among the Conditions which were agreed upon by the Sabines and Romans , after the Rape of the Virgins, this was one, that the Women fhould be oblig’d to no fervile Odice for their Husbands, any farther than what concern’d Spinning. At the fame Time the Bridegroom threw Nuts about the Room for the Boys to fcramble : Thus Virgil) Eclog. 8. Sparge , marite 9 nuces — Out of the many Reafons given for this Cuflom, the mod commonly receiv’d makes it a Token of their leaving child- ifli Divertifements, and entring on a more ferious State of Life 5 whence Nucibus relictis has pafs’d into a Proverb* This Conje&ure is favour’d by Catullus 5 Da nuces finer is y iners Concubine : Satis din Lufifii nucibus. Lubet Jam fervire I’balaJJio. Concubine , nuces da. In the mean time the Genial Bed was got ready, and a Set of good old Wives, that had been never married but to one Man, plac’d the Bride on it with a great deal of Ceremony,, Thus Catullus r Vos bonds fenibus viris Cognitec breve famines. Collocate fiuellulam Jam licet venias , inarite , See. No- (a) Plutarch. Row. Qtwft. 1. Strvius ad Virgil. Eclog. 8 , [h) Plutarch. Rorr^ guajl. 1 . (f) Idem In Romal, & Rom. Quafl. 1 1 . Book V. the Romans. 331 Nothing now remain’d but for the Bridegroom to loofe her Girdle, a Cudom that wants no Explanation 3 only it may be obferv’d to have been of great Antiquity : Thus Mop bus in his Srory of Jupiter and Europa : Zzvf 0 rrdh.iv irigtiv etv$A%£sT0 y.o$qriv t Av< 7Z according to the Jnflitution of the moft wife Ancients , the Grecian Socrates, and the Roman Cato, who freely lent cut their Wives to their Friends l And prefently after, 0 fa- pientue Attic eUJTUV AViKtoV^V 0 TeiATifa’A'KAQATe? x) Katmv Oflvcrtik) «#;4e/Wsr Mctf- hiav ktf X? t 7TA\eulv P a^cutov « 9 ©*. phey report of the fe Tapurians, that * tis counted lawful among them to give away their Wives to other Men, after they have had two or three Children by them : As Cato, in our Pime, upon the Requefi of Hortenfius, gave him his Wife Marcia, according to the old Cufiom of the Romans. Here by UMov«u and we fhou’d not underftand the lending or letting out of Women, but the marrying them to new Husbands 5 as Plato ufeth IkIoviv r2h jyd]tf»v vo/hv, to befiow Daughters in Marriage, Plutarch , before he proceeds to his Relation, has premis’d that this Paflage, in the Life of Cato , looks like a Fable in a Play, and is very difficult to be clear’d, or made out with any Certainty. His Narration is taken out of Phrafeas, who had it from Munatiiis , Cato's Friend and conftant Compani- on, and runs to this EfFeft. “ Pfipiiintus Hortenfius, a Man of flgnal Worth, and appro- u ved Virtue, was not content to live in Friendship ana Fa- “ miliarity 334 The Funerals of Part II. * 4 miliarity with Cato , but defir ’d alio to be united to his “ Family, by fome Alliance in Marriage. Therefore waiting “ upon Cato, he begun to make a Propofal about taking “ Cato's Daughter Portia from ‘Bibulns , to whom /lie had “ already born three Children, and making her his own u Wife 5 offering to redore her after /he had born him a Child, “ if Bibulus was not willing to part with her altogether : “ Adding, that tho’ this, in the Opinion of Men, might feem “ flrange, yet in Nature it wou’d appear honed and prodta- “ ble to the Publick, with much more to the fame Purpofe. “ Cato cou’d not but exprefs his Wonder at the flrange Pro- “ je£l, but withal approv’d very well of uniting their Hou- “ fes : When Eortenfius, turning the Difcourfe, did not flick “ to acknowledge, that it was Cato's own Wife which he re- “ ally defir’d. Cato, perceiving his earned Inclinations, did “ not deny his Requed, butfaid that ‘Philip, being the Fa- “ ther of Martia, ought alio to be confulted. Philipp being “ fent for, came, and finding they were well agreed, gave his Daughter Martia to Hortenfius , in the Prefence of 11 Cato, who himfelf alfo adided at the Marriage.” So that this was nothing like lending a Wife out, but actu- ally marrying her to another while her fird Husband was a- live, to whom file may be fuppos’d to have come by that Kind of Matrimony which is founded in the Right of Po£ feffion. And upon the Whole, the Rbmatis feem to have been hitherto unjudly taxed with the Allowance of a Cu- dom not ufually praClis’d among the mod barbarous and favage Part of Mankind. CHAR X. Of the Roman Funerals . T H E mod ancient and generally receiv’d Ways of Burying, have been Interring and Burning, and both thefe we find at the fame Time in Ufe among the Romans, borrow’d in all Probability from the Grecians. That the Grecians interr’d t heir dead Bodies may, in fhort, be evinc’d from the Story o f the Ephefian Matron in Petronhis , who is deferib’d fitting ai id watching her Husband’s Body laid in a Vault. And from th e Argument which Solon brought to judify the Right of th t Athenians to the Ifle of Salarais, taken from the. dead Bodies Book V. tkRoMANS. 335 Bodies which were buried there not after the Manner of their Competitors the Megarenfians , but according to the Athenian Fafhion; for the Megarenfians turn’d the Carcafe to the Eaft, and the Athenians to the Weft 5 and that the Athenians had a diftinft Sepulchre for each Body, whereas the Mega- renfians put two or three into one (a). That the fame People fometimes burnt their Dead is beyond Difpute, from the Teftimony of Plutarch , who, fpeaking of the Death of IP ho - cion y tells us, that for fome Time none of the Athenians da- red light a Funeral Pile to burn the Body after their Manner. As affo from the Defcription of the Plague of Athens in * Thucydides , Imi vrv&is y 6 d^oleicts, &c. with the Tranflation of which Paflage, Lucretius concludes his Poem. Namqtie fiaos confianguineos aliena rogcrum Jnfiuper exftruffa mgenti clamore locahant , Sub deb mtque faces , multo cum fanguine [cepe Rix antes pot ms qutim corpora defier erentur. To prove that both thefe Ways of Burial were us’d by the Romans , is almoft unneceflary; for Burning is known by every one to have been their common Practice. And as for Interring, their great Lawgiver Nwna particularly forbad the Burning of his own Body, but commanded it to be laid entire in a Stone Coffin (b). And we learn from Cicero (c) f and Rli- ny (d\ that the Family of the Cornelii interr’d their Dead all along ’till the Time of Sylla the Diffiator , who in his Will gave exprefs Orders to have his Body burnt 5 probably to a- void the Indignities that might have been offer’d it after Buri- al by the Marian Faflion, in Return for the Violence fhew’d by Sylla' s Soldiers to the Tomb and Relicks of Marius . But tho’ Burning was the ordinary Cuftom, yet in fome particular Cafes it was pofttively forbid, and look’d on as the higheft Impiety. Thus Infants who died, before the breeding of Teeth, were enclofed unburnt in the Ground (e). Terra clauditur infans , Et minor igne rogi. Juvenal. Sat. 15. The Place, fet apart for the Interment of thefe Infants, was call’d Suggrundarium . The fame Superftition was obferv’d in Reference to Perfons who had been ftruck dead with Lightning or Thunder (f ). For they were never burnt again, but after a great deal of Ceremony perform’d by the Aufipices (a) Plutarch . in Solon. (b) Plutarch, in Nam. (c) De Leg. lib. 2. (d) N. H. lib. 7. c. 54. ( e ) Idem, lib. 7. Ci 16. (f ) Idem. lib. 2. c. 54. and 3 3 £> The Funerals of Part JL and the Sacrifice of a Sheep, were either put into the Earthy or fometimes let alone to lie upon the Ground where they had fallen. In both Cafes the Place was prefently inclos’d either with a Stone Wall, or Stakes, or fometimes only with a Rope, having the Name of ‘Bidental from the Bidens or Sheep that was offer’d. Ferfius ufeth Bidental for the Per - fon that had come to this unhappy End. An quia non fibris ovium Ergennaqtie jubente ftrijie jaces lucis , evitandumque bidental. For they fancied that wherever a Thunder-Bolt fell, the Gods had a particular Defire to have the Place facred to their Woifhip 5 and therefore, whether the Man had been kill’d or no, they us’d the fame Superffition in hallowing the Ground (a). The feveral Sorts of Funerals fall under the common Heads of Funus indiffiivum and Funus taciturn. The Funus indiblivum had its Name ab indicendo from inviting, becaufe on fuch Occafions there was made a general Invitation of the People by the Mouth of a publick Cryer. This was cele- brated with extraordinary Splendor and Magnificence, the People being prefented with publick Shows, and other com- mon Divertifements. The Fw2iis Tublicum , which we meet with fo often, may be fometimes underflood as entirely the fame with the Indiffiive Funeral, and fometimes only as a Species of it. It is the fame when it denotes all the State and Grandeur of the more noble Funerals, fuch as were u- fually kept for rich and great Men. It is only a Species of the IndiEiive Funeral, when either it fignifies the proclaim- ing of a Vacation , and an Injundfion of publick Sorrow, or the defraying the Charges of the Funeral out of the publick Stock. For ’tis probable that at both thefe Solemnities, a general Invitation was made by the Cryer 3 yet in this latter it was done by Order of the Senate, and in the former by the Will of the deceas’d Perfon, or the Pleafure of his Heirs. But no one will hence conclude, that the Funerals of all fuch rich Men were attended with the Formality of a Vacation , and an Order for publick Grief. For this was accounted the greateft Honour that cou’d be fhow’d to the Reiicks of Princes themfelves : Thus the Senate decreed a publick Fu- neral for Syphax, the once great King of Macedon y who both died in Prifon under the Power of the Romans (b). (a) Dacier on Horace Art.Ppen ver> 47 1. {h) ValMan. liU 4* , And / p Book V. (^Romans. 337- And Suetonius informs us, that Tiberius (a), and Vitellius (b), were buried with the fame State 5 yet upon Account of having perform’d any fignal Service to the Common-wealth, this Honour was often conferred on private Men, andfome- times upon Women too, as 5 Dio relates of Attia the Mother of Julius Ccefar (c) 5 and Xiphilin of Livid (d). Nor was this Cuftom peculiar to the Romms, for Laertius reports of ' Democritus , that deceafing, after he had liv’d above a hun- dred Years, he was honour’d with & pub lick Funeral. And Juflin tells us, that the Inhabitants of Marfailles , then a Grecian Colony, upon the News of Rome's being taken by the Gauls , kept a publick Funeral to teflify their Condolence of the Calamity (e). There feem to have been different Sorts o£ ftiblick Fune- rals in Rome , according to the Magidracies, or other Ho- nours, which the deceas’d Perfons had born. As the Rrdtto- rium , the Confulare , the Cenforium , and the Triumph ale. The two Jail were by much the more magnificent, which though formerly diftinguifh’d, yet in the Time of the Em- perors were join’d in one, with the Name of Funus cenforium only* as Tacitus often ufeth the Phrafe. Nor was the Cenfo- riam Funeral confin’d to private Perfons, but the very Em- perors themfelves were honour’d with the like Solemnity after their Deaths, as Tacitus reports of Claudius (/), and Capitolinus of Rertinax. The Funus Taciturn , oppos’d to the IndiElive , or Publick Funeral, was kept in a private Manner without the Solemni- zation of Sports, without Pomp, without a Marfhaller, or a general Invitation. Thus Seneca de 'Tranquil. Anim. Morti natus es : minus molefliarum l: abet funus taciturn . And Ovid . irilt. 1. Eleg. 3. Spuocunque afpiceres , luEltis gemitufque fonabant , Formaque non tacit i funeris inftar erat. This is the fame that Capitolinus calls Funus vulgare , when he reports, that Marcus Antonins was fo extremely kind and mu- nificent, as to allow even vulgar Funerals to be kept at the Charge of the Publick. Rropertius calls it plebeium funus. — — Adfint Rlebeii parvd? funeris exequiee. Lib. 2. El. 4. Aufonius .* Funus commune. Tu gremio in proavi funus commune location . (a> Cap. 75. ( b ) Cap. 3. (c) Lib. 47. ( d ) InTibtrio. ( t) Lib 43. (j/) s Amah 12. 1 And ^8 The Funerals of Part II. And Suetonius , fimis tranflatitium , when he informs us that Brnannicus was buried after this Manner by Nero {a). To the JUent Funerals may be referr’d the Funera acerb a ^ or untimely Obfequies of Youths and Children 5 which Ju- venal fpeaks of, Sat . 11. Non prgmaturi cmeres , non f units acerbim Zuxurify See. And Virgil JE n. 6 . Jnfantnmque anting flentes in limine prime t giios dnlcis vitg expertes & ab ubere rapt os Abftuht atra dies , &funere raerfit acerbo . The Funeral Ceremonies may be divided into fuch as were us’d to Perfons when they were dying, and fuch as were af- terwards perform’d to the dead Corpfe. When all Hopes of Life were now given o’er, and the Soul as it were juft ready for its Flight, the Friends and neareft Relations of the dying Party were wont to kifs him, and embrace his Body till he expir’d. Thus Suetonius ( b) re- lates that Augustus expir’d in the Kiffes of Livia. Nor need there be any farther Proof of a Cuftom, which every Body is acquainted with. The Reafon of it is not fo well known s Moft probably, they thought by this pious A£t to receive in- to their own Bodies the Soul of their departing Friend. Thus Albinovanus in the Epicede of Livia : Soffit e te faltem moriar , Nero $ tu mea condas itimina * accipias hanc animam ore pio . For the Ancients believ’d that the Soul, when it was about leaving the Body, made Ufe of the Mouth for its Pa£fage§ whence animam in primo ore , or in primis labris tenere > is to be at Death's Door. And they might well imagine the Soul was thus transfus’d in the laft A£i of Life, who could fancy that it was communicated in an ordinary Kifs, as we find they did from thefe Love-Verfes, recited by Macrobius 3 the Original of which is attributed to fPlato ; CDum femihulco fuavio Metim pnllnm fuavior 9 (*) Ner. 13 i (b) Ztoypft. 9 i„ 2M- Book V. the Roman s* Jlnima tunc dgra 1 $ faucia Cucurrit ad labia mihi, &c. (a). Tulcemque florem fpiritus ‘lDiico ex aperto tramite , Nor did they only kifs their Friends, when juft expiring* but afterwards too, when the Body was going to be laid on the Funeral-Pile. Thus 'Tibullus, Lib. i. Eleg. ii Tie bis £5? arfuro pofitnm me , Telia, leBo , Trifiibus & lachrymis ofcula mixta dabis . And Tropertius , Lib. 2. Eleg. 124 Ofciilaque in gelidis ponet fuprema labellis , Cta dabitur Syno munere plenus onyx * Another Ceremony, us’d to Perfons expiring, was the ta- king off* their Rings. Thus Suetonius reports* that when the Emperor “ Tiberius fwooned away, and was reputed * c dead, his Rings were taken from him, tho’ he afterwards & longo praedam jubet or dine duct . And a little after 5 Indutofqiie jubet truncos hoftilibus armis Ipfos f err e duces , inimicaqiie nomina figi. The LiBors too made a Part of the Proceffion, going be- fore the Corpfe to carry the Fafces , and other Enfigns of Ho- nour, which the Deceas’d had a Right to in his Life-time. ’Tis very remarkable, that the Rods were not now carried in the ordinary Pofture, but turn’d quite the contrary Way, as I’acitus reports in the Funeral of Germanicus {d). Hence Alb 1720V amis in the Funeral of Drufas : ghios primum vidi fafces, in funere vidi , Et vidi verfoS) indiciumque mali . We may now go on to the Perfons who bore the Bier, or the Funeral-Bed $ and thefe were for the jnoft Part the neareft Relations, or the Heirs of the Deceas’d. Hence Horace ^ Book z 9 Sat. 5. ■ Cadaver UnBum oleo largo midis humeris tulit h Lib. 10. cap. 15. (i) Lib. 54, («) Confolat, ad Mar. cap. 15. (d) Ltvtt. xxii. 10, ij» % And 354 Funerals of Part II. And we have fcarce any Relation of a Burying in Authors* but they tell us the Urn was laid near fuch a Way. Troper- this is very earned: in defiring that he may not he buried af- ter this ordinary Cudom, near a celebrated Road, for fear it fhou’d didurb his Shade : fDii faciant me a ne terra locet cjjd frequent i gkia facit afftdzto tramite vulgus her. Toft mortem tumuli fic infamantur amantum 3 / Me tegat arborea devia terra coma, dint hamet ignotde cumulus valiants arenae 3 Ncn juvat in media nomen habere via. Lib. 3. Eleg. 1 5. The Publick Burying Places were of two Sorts 3 thofe which were allotted to the Poor, and thofe which were put to this Ufe only at the Funerals of great Perfons. The for- mer were the Tutieulae^ or Tuticuli , without the Efquiliazh Gate 5 they contain’d a great Quantity of Ground, and were put to no other Ufe, than the burying of the Bones and Afhes of Perfons of the lowed Rank, who had no private Place of their own to lay the Corpfe in. But becaufe the vad Number of Bones depofited here, infe£Hng the Air, render’d the neighbouring Parts of the City unhealthy, Au- guftus gave away a great many Acres of this Common Field to his Favourite Mcecenas , who turn’d it into fine Gardens. This Horace tells us at large, Book 1. Sat. 8. Hue frius anguftis ejeffa cadaver a cellis Confervas vili portanda locabat in area , Hie mi ferae ftlebi ft ah at commune fepulchrum , &c. The publick Place aflign d for the Burial of great Perfons was commonly the Campus Martins 3 this Honour cou’d not be procur’d but by a publick Decree of Senate, and was ne- ver conferred but on Men of the highed Stations and Merits. Thus Tint arch relates of Lucullus and Tompey 5 dppian of Sylla (a), Suetonius of fDrufus fb\ and Virgil of Marcellus * ftfuantos ille virum magnam Mavortis ad zirbem Campus aget gemitus ? vel quae , Tfiberine , videbis Fvnera , cum tzimzilztm praeterlabere recenteml JEn.G a ^ (a) ’E.wpt/X. lib. it ' (b) Claud* cap. It Book V. the Romans- 35 j It has been Paid, that the ordinary Cuftom was to bury without the City, but we muft except fome Sepulchres, as thofe of the Veptal Virgins, whom Servius tells us the Laws allow’d a Burying-piace within the City {a). The fame Ho- nour was allow’d to fome extraordinary Perfons, as to Vale- rius Poplicola (b), and to. Fabritins (c), being to continue to their Heirs. Yet none of the Family were afterwards there interr’d, but the Body being carried thither, one plac’d a burning Torch under i.t, and then immediately took it away 5 as an Atteftation of the Deceafed’s Privilege, and his receding from his Honour: And then the Body was remov’d to ano- ther Place. Cicero in his ninth Philippic moves, that Servius Sulpichis y upon account of his many fignal Services to the Common- wealth, may be honour’d with a publick Sepulchre in the Campus FfyuilimiSy or in any other Place where the Conful fhould pleafe, thirty Foot in Dimenlion every Way, and to remain to his Heirs and Pofterky. But there are not many tndances of the like Practice. Having done with the carrying forth , w T e come to the ACi of "Burying. The Corpfe being brought in the Manner alrea- dy defcrib’d, without the City, if they deiign’d to bum it, was carried dire&ly to the Place appointed for that Purpofe, (which, if it was join’d with the Sepulchre, was call’d Bujtum y if feparate from it, Uflrina') and there laid on the Rogtis or CPyrdy a Pile of Wood prepar’d to burn it on. This Pile w r as built in the Shape of an Altar, differing in Height according to the Quality of the Deceas’d. Thus Virgil in the Funeral of MifemtSy Jan. 6. * Aramq-j fepulchri Congerere arboribus , mloqt, educe re cert ant . And Ovid again# Ibis : Ft dare plebeio corpus inane rcgo. The Trees, which they made Ufe of, were commonly fuch. as had moft Pitch or Rolin in them, and if they took any bther Wood, they fplit it, for the more eafy catching Fire; Froctimbunt pice &y fan at iBa fecurihus ilex , ( a ) Ad JEn. j>. (b) Plutarch :n his Life. (e) Ocsro. Z z Fraxi - 35^ I 7 ;e Funerals of Parc II. Fraxineteq, trabes 3 fifjile rcbur Scinditur .* 'Virg. i£n. 6". Round about the Pile they us’d to fet a Parcel of Cyprefs Trees, perhaps to hinder the noifom Smell of the Corpfe, This Obfervation is owing to Virgil in the fame Place ; jngentem flntxere fyram , cui frondibus atris Intexmt later a , ££ fera.es ante cufrejjus Confiituunt . That the Ecdy was plac’d on the Pile, not by itfelf, but together with the Coucn or Bed on which it lay, we have the Authority of Fibullus, Book 1. El. 1. Flebis & arfuro fofitim me^ Delia, leffo. This being done, the next of Blood perform’d the Cere- mony of lighting the Pile 3 which they did with a Torch, burning their Face all the while the other Way, as if it was done out ofNeceflity, and not willingly. Thus Virgil , A£n. 6» • Subje3am % more far entum> Averji ternere facem . As foon as the Wood took Fire, they wifh’d and pray’d for a Wind to affift the Flames, and haften the confuming of the Body, which they look’d on as a fortunate Accident Thus Cynthia in Frofertim : Cur ventos non iffe rogis , ingrate , fetifii ? And Flat arch in the Life of Sylla reports, £t That the ** Day being cloudy over Head, they deferr’d carrying forth “ the Corpjfe ’till about three in the Afternoon, expelling “ it wou’d rain : But a Prong Wind blowing fullagainft the “ Funeral-Pile, and fetting it all on a Flame, his Body was u confum’d in a Moment. As the Pile fhrunk down, and “ the Fire was upon going out, the Clouds fhower’d down, “ and continu’d raining till Night. So that his good For- 4t tune was firm even to the lalt, and did, as it were, offici- u ate at his Funeral. At the Funerals of the Emperors or renowned Generals, as foon as the Wood was lighted, the Soldiers and all the Company Book V. ^Romans. 3 57 Company made a folemn Courfe ( [Decurjio ) three Times round the Pile, to /how their AfFe&ion to the Deceas’d 5 of which we have numerous Examples in Hiftory. Virgil has not forgot to exprefs this Cullom : Ter circum accenfos cinfti fulgent ibus amis TJecurrere rogos, ter mceftnm funeris ignem Lufiravere in equis, uliilampq^ ore deders. JEn. 11. The Body never burnt without Company, for becaufe they fancied that the Gho/ls delighted in Blood, ’twas cuftomary to kill a great Number of Bealls, and throw them or) the Pile Mult a bourn circa maBantitr corpora motti , Setigerafq $ piles , raptafq, ex omnibus agris In flamraam jugtilant pecudes — Virg. JEn. 1 1 . In the more ignorant and barbarous Ages, they us’d to murder Men, and call them into the Funeral Flames of Princes and Commanders. The Poets never burn a Hero without this inhuman Ceremony. Homer gives Patroclus ydw T fday pzyc&Svy.w vhas ItS-AaV* And Virgil, lib. 10. Qnatuor hie juvenes , tot idem quos e ducat Ufens , Viventes rap it, infernis quos immclet umbris , Captivoq 5 rogi perfundat fanguine flammas . But befides thefe, there were Abundance of Prefents thrown into the fatal Flames, of feveral Sorts : Thefe con- filled for the moil Part of collly Garments and Perfumes thrown on the Body as it burn’d. Thus Virgil , A£n. 6 . Parpureafq $ paper veftes, velamina not a, Conjiciunt. And ‘Plutarch makes the extravagant Expencesof Catopfu - nior at the Funeral of his Brother Ccepio , to have been taken up in a vaft Quantity of coply Garments and Perfumes. All the precious Gums, Effences, and Balfams, that the Ancients were acquainted with, we find employ’d in their Z 3 Funerals? 8 The Funerals of Part II. Funerals : Hence Juvenal deferibes a Fop that us’d Abun- dance of E (fence : Et matutino fiudans Crifipinus jxmmno^ Quantum vix redolent duo fnner a — Sat. 4. The Soldiers and Generals had ufually their Arms burnt wjth them on the Pile. Thus Virgil in the Funeral of Mifie- miS: " — • bDe corant q-, fin per fulgentibiis amis , iEn. 6 . And in another Place he adds the Spoils taken from the Enemy : Hinc alii fipclia cccifis direpta Latinis Ccnjiciunt igni galeas enfiefiq 5 decor os ^ Ertenaq, ferventefiq 5 rot ads : pars , munera nota , Jpfiorum clypeos , £5? non felicia tela . When the Pile was burnt down, they put out the Remains of the Fire, by fprinkling Wine, that they might the more eafily gather up the Bones and Allies. bPofitquam ccllapfi cineres , aeflamma quievit r Kelli quias vino & bibulam lavere favillam. Virg. ^En. 6 . This gathering up the Bones and Afhes, and putting them into the Urn, was the next Office paid to the Deceas’d, which they tertn’d cffilegium. The whole Cufiom is moft fully and elegantly deferib’d by I'ibulhisiw his Third Book, Eleg. 2. Ergo nbi cum tenem , &c. ' How the Afhes and Bones of the Man came to be didin- guifhed from thofe of the Beads, and Wood, and other Ma- terials, is not eafy to be conceiv’d, unlefs we fuppofe the Difference to have arofe from the artificial placing of the Corpfe on the Pile, fo that every Thing elfe fhould fall away on each Side, and leave the Humane Relicks in a Pleap by themfelves. Nothing now remain’d but to put the Urn into the Sepul- chre, and fo fprinkle the Company with Holy Water, and difmifs them. Virg . 7 £n. 6 . OJJaq - 7 left a cavo texit Chorinteus ahem , Idem ter focios pur a circumtulit ztnda, Spar- 35 9 Book Y. the Roman s. Spargens rore levi , & ramo felicis olive?, JLuftravitq, viros, dixitq$ noviffima verba . Thefe noviffima verba were either direfted to the Decea- fed, or to the Company. The Form of Speech, with which they took Leave of the Deceas’d was. Vale, vale, vale , nos te or dine, quo natura permiferit, amBi fequemur. The Form, with which the Troefica difmifs’d the People, was ILICET , i. e. ire licet . As they went away, they had a Cuiiom of wifhjng for light Earth, to lay on the Relicks, which they reckon’d a great Plappinefs. Hence ’tis an ufual Infcription on ancient Funeral Monuments S. TT. L. or Sit tibi terra levis. To enquire into the Original of Sepulchres, their feveral Kinds and Forms, the Variety of Ornaments, the Difference of Infcriptions, and the many Ways of violating the Tombs of the Dead, wou’d be too nice a Difquifition for the prefent Delign. Yet we muft not pafs by the Cenot aphid or Monu- ments ere&ed on a very fingular Account, either to Perfons buried in another Place, or to thofe who had receiv’d no Burial, and whofe Relicks cou’d not be found. Thus Suetonius tells us that the Soldiers in Germany rai- fed an honorary Tombs to the- Memory of T)rnfus , tho’his Body had been carried to Rome, and depofited in the Cam- pus Mart his (a): And we often find the Generals railing Tombs to the Honour of thofe Soldiers whofe Bodies cou’d not be found after a Fight. Thefe Tumuli manes or honor a - rii, when erected to the Memory of particular Perfons, were ufually kept as facred as the true Monuments, and had the fame Ceremonies perform’d at them. Thus Virgil deferibes Andromache keeping the Anniverfary of He Cl of s Death. J£n. 3 . Solemnes turn forte dapes , triflia dona Zibabat cineri Andromache, manifq $ vc-cabat Hefforeum ad tumulwn , viridi quern cefpite inanem, pit geminas , caufam lachrymis, facraverat aras. And JEneas tells jDeiphobus , that he has paid him fuch an Honour. T unc egomet tumulum Rhaeteo in litore inanem Conftitui, £ 5 ? magna manes ter voce vocavi : Hcmen & arma locum fervant. JEneid. 6, {fl) Sufiton. Claud, cap. i. r L 4 AFTER %6o ' The Funerals of Part II. AFTER the FUNERAL , we are to take Notice of the feveral Rites perform’d in Honour of the Dead, at the Feftivals inftituted with that Defign. The chief Time of paying thefe Offices was the Feralia , or the Feaft of the G holts in the Month of February 5 but ’twas ordinary for particular Families to have proper Seafons of difcharging this Duty, as the Novennalia , the Decenndha , and the like* The Ceremonies themfeives may be reduc’d to thefe three Heads, Sacrifices, Feafts, and Games 5 to which if we fub- join the Cuftomsof Mourning, and of the Confecration, we fliall take in all that remains on this Subjefh The Sacrifices (which they call’d Inferice ) confifted of Liquors, VifHms, and Garlands. The Liquors were Water, Wine, Milk, Blood, and liquid Balfam. Jiic duo rite mero libans carchefla Tdaccho Fundit htimiyduQ latte novo, duo fangaine facro . Vir.^En.5. The Blood was taken from the Vi&ims offer’d to the Manes, which were ufually of the fmaller Cattle, tho’ in an- cient Times ’twas culfomary to ufe Captives or Slaves in this inhumane Manner. The Balfams and Garlands occur every where in the Poets, Fropert. Lib. 3. Eleg. 15. Afleret hue unguenta mihi , fertifque [epulchrum * Ornabit , cuftos ad me a btiftafedens . Tibullus, Lib. 3. Eleg, 4. Atq$ aliquis fenior , veteres veneratus amoves \ Annua confirutto ferta dabit tumulo . Befides thefe Chaplets, they ftrow’d loofe Flowers about the Monument. Furpureos jecit flores , ao taliafatur . And again, JEn . 6 . C T \i Marcellas eris. Manibus date lilia plenis ; Furpureos fp ar gam flores $ animamq $ nepotis Bis faltem accumnlem donis } & fungar inani Munere, The Book V. the R o M A Nsi 361 The Feafts, celebrated to the Honour of the Deceas’d, were either private or publick. The private Feafts were term’d Silicernia , from Silex and Cama, as if we fhould fay Sappers ?nade on a Stone . Thefe were prepar’d both for the Dead and the Living. The Repaft delign’d for the Dead, confiding commonly of Beans, Lettices, Bread, and Eggs, or the like, was laid on the Tomb for the Ghofts to come out and eat, as they fancied they wou’d 3 and what was left they burnt on the Stone. Travellers tell us that the Indians at prefent have a fuperftitious Cuftom much of this Nature, putting a Piece of Meat always in the Grave with the dead Body, when they bury in the Plantations. ’Twas from this Cuftom, that, to exprefs the moft mifera- ble Poverty of Creatures almoft ftarv’d, they us’d to fay, Such , m one got his Victuals from the fombs. Thus Catullus : Uxor Meneni fd. oh. qua. Formerly inftead of this Sum they us’d to deal a Doal to the Clients without the Door, who receiv’d the Victuals in a little Bas- ket made of a Kind of Broom, call’d Sfortum . A a 4. INDEX. F I FI / A . ■ ! • ' -K-'.' f . ‘'iv 'H f • INDEX. A. A Bletti, a Sore of Soldiers, 192 ACGA LAURENTIA 66 Accenfi 1 2 , 3? 1 99 Accufatio 139 ACILIUS GLABRIO HZ Affionem intendere, vid. edere 136 Attionts Legis 1 49 Aftium (the Fight there) 17 ABor 135 A&uarius 123 Ad bejlias 1 47 Ad ludos ibid. Ad met alia ibid. AddiBio 1 37 Adoption 37I ADRIAN { Emper.) 22 Advocati 1 3 5 JEdes facr 4 38 /Edicul a ibid. Mdiles 1 16 /Ediles Cereales 117 Mdiles Curules ibid. Mdiles Plebis 1 16 /Edilitii 1 94 AZ MY L 1 AN (Emper ) 23 /EMIL IU S 12 /Eneatores 208 Mqui 7, 8 /Erarium facere 113 /Ere obruti 220 JE! 373 AZjtimstio litis 141 /Etius 27 Agger 212 Agones 86 Agon alia 93 ALARIC King of the Goths *7 Albo-galerus 3*1 AU 192 ALEXANDER SEVERUS (Emper) 23 Alicata Ghlamys 310 Allocutio 210 Ambarvalia 66 Ambire magijlratum 106 Ambitus 1 38 Ampliatio I40 AMU LI XJS 2, 3 AVetfid 7 ) ly-j ANGUS MARTIUS 4 Ancylia 74 Andabata (a Sort of Gladiators) 277 Animadverjio 1 4 1 Animam in prime ore, or in prim mis labris tenere 338 ANNA PERENNA 94 Annus bijf ext ills 88 Anquijitio i^z A NTH E MIUS (Emper ) 28 Antony 14. vid. Marc. A NT 10 C HUS King of Syr* 12 ANTONINUS GaracaUa (Em* per) 22 Vid Marcus and Lucius ANTONINUS Pius 22 ANTONINUS'S Pillar 54 APER 2j Apex 321 AphraBum 243 Appari tores izz A P P I U S Claudius 7, 66 A P P IU S the Decemvir 1 1 o Afu* & ignis interdiffie 1 14 * Aquxdutfs INDEX. Aqua duels 57 dqu.il a (Standard of a Legion) .*9 + Aquila prarjfe ibid. Arabia (macie a Province) 2 i dr biter bibtndi 249 Arbitri I 3 S Arches . 52 Area of the Amphitheatre 44 Arens ibid. Aries (the battering Ram,) 238 Armatttra 2 * 5 Armenia (made'a Province) 21 A r mill a 21 r Annorum concujjio 209 Arms of the Romans 19 9 Arrogatio . 3 72 Arufpices , vid* Harufpicet As 373 >&C- ASCANIUS 2. Ajfyria (made a Province) 21 Atellana (Sort of Plays) 288 Athens (taken by ty/ 5 fc) 13 Atrati 3 1 * ATT A LUS (King of Perga mu s) 1 3 ATTILAth&Hun 27 Auftorati 27 ?. AVENTINUS (mAlban King) 32 Augur ale 2.05 Auguries 67, ^8,69 Augurs z'£/i AUGUSTULUS (Emp.) 28 (Emp.) Vid. Offaviur Anjens < River) 32. AVITUS 28 AULUS PLAUTIUS 18 Aurei denarii 374 AUREL I a N (Em per ) 24 Aufpicia 1 9 1 Aufpices 68 Aufpiciis fuis rem gerere 1 97 Auxilia 189 B- Bagnio’/ 56, 57 BALBINUS (Emper.) 23 Balijla 238 Barritus 209 Bafilica 48 Bajilicus (a Throw on the Dice) 249 Battalia of the Romans 203 Beds of Images carried in Pro- cefllon at Funerals 346 Beneficiarii 189 Btfiiarii 146, 26.8 Bi dental 336 Bigatus 373 Big* 257, 37 i Biremis 243 Bijfixtus dies 83 Blood-letting, a PunilhmenC of the Roman Soldiers 22o Borrowing and lending of Wives among the Romans^ probably a Miftake 332 ,&c* Bridges o f Rome 38 BRITAIN 17,18,22 BRUTUS 5,6, 15, 16 Bucclnatores 208 Bucula ibid. Buccin a 2b t £'«#* 3 1 ® Burning of the Dead 3 3 $ Bufium 3 5 $ C. C&liolus , or minor Calriss 31 Carries 232 Car it urn tabula 1 * 3 , 232 CeESAR l 4 » J J C*/r*/ Lunati 313 Calcei mullei 324 Calculi 248 Caligati . 3^5 Caliga ibid. Caliga Speculator ia ibid. CA LI GU LA 17 CA MILLUS § 7 , 8 Camp (Form and Divifton of it) 210 Campcgi 324 Camp idoel ores 2 1 5 Campus I N D E X. Campus Martius 47 Campus Sceleratus 79 Candida 1 , us Candidatus Principis l 1 5 Canicula ( aThrow on the Dice) 249 Canne (the Battle there) H Cantabria (Tubdued) J7 Capitol 39 Cappadocia (made a Province) \7 Caps and Hats ordinarily us d by the Romans 308,320 Capite cenji I 3 » Caput porcinum C arceres 4 6 CAP IN US (Emper.) 2 5 Carmen Stall are 75 Carnifex 1 23 Carthage (deflroyed) 12 C A PUS Emper ) 2 CASSIUS * 5t ’6 Cajlra aftiva 2! I Hiberna ibid. Stativa ibid. Catapulta 239 Cataftafts of the Drama 2 86 Catafirophe of the Drama ibid- Catilinarian Confpiracy 14 C ATT I 2 | Cavea 44 Cel ere s 1 20 Celeujles 244 Celia of a Temple 4 i Cenotaphia 359 Cenfors 112, &c. Cenforii 194 Cenfus K2 Cenfus (put for a rich Man) 170 Centifimatio 219 Centumviri litibut judicandis 122, 135 Centuria prerogative 1 32 Centuries 130 Centuries or Ordines, of Soldi- ers 193 Centurions 193 C enturionum primus 194 Cere alia 95 Ceftus (the Exercifes deferib’d) .255 Chariot Races ibid. Ckariftia 93 Chirodote 3 r 4 C hlamys 3 12 vid. alicata Chorus 290, C 1 CEPO 14 CIMBPI 13 CinBure of the Gown 307 Cinttus Gabinut 308, 309 Circenlian Shows 252 Circo's 46 Circus Maximus ibid. Circuitio Vigilum 214 Civilis fjuercus 22 r Civi tates fee derate 233 Infra clajfem 13 1 ClaJJes 130 ClaJJici author es ibid. Clafftcum 209 CLAUDIUS 18 CL AU DIUS the Second 24 Clavi 3 i 5 >C^*f. Clavitm pangere 1 09 CL/ELIA 6,7 CLEOP ATPA 15, *7 Clients 97 Cloace 58 Clofing the Eyes of departing Friends 330 Clujtum 7, 8 COCLES 6 Coemptio 3^8 Cccnaculvm ^66 Ceenatio ibid. Cognomen 37 1 Co &or/ Pretori a 1 9 r Cihorsprima ibid. COLLATI HUS 5 Co//// Diana 3 5 Hortulorum 33 — • — Pincius ibid. — Qtn'riniiHr 31 ColL c at io I N D E X. Collocatfo 34 1 Corftca Cfubdued) 10 Colonies 231 Corvus (Engine) 240 C alumna bellica 54 Corybantes 8 r Columns ref rata ibid. Cothurnus 288 Columns or Pillars Cottian A’ps 18 Comitia 128, &c. CRAS SUS 14 Calata 129 Cr8 Tributa 129,133 — ambitus ibid. Comitium 5 ° ibid- CO M MODUS 22 inter Jicarios ibid- Commons 97 majeflatis 12*, 38 Companies of Charioteers 255 parricidii 138,1 6 • vid FaBio ■ peculatus 126,138 - the Golden 257 Perduellionis 1 31 the Purple ibid. -plagii 138 — — the Silver ibid. — -repetundarum 126, 138 Conclamatio 342 — — vcmficii 188 Concuffo armorum 209 vis publics ibid. Confarreatio 328 Crifla 201 Cong! an' a 220 Cnipellarii 27 6 Conquifitores 185 Cucullus 3 r 7 Confccration of Temples 40 Culcitr £ 367 Confecration of Erop eiors 362 Culeus ia6 Of Frieads ibid- Cultrarii 86 CONSTANTINE the Great 25 Cuneus 305 Confantinople ibid. Curetes 31,81 CONS TANTIUS 2 6 Curia Hof i lia . 48 CHLOKUS ~5 Curia Pompeii ibid- Con ful ares 194 Curia 47,48 Confuls 1 07, &c. Curio maxim us 129 Confutes or dinar it ic 8 Cur tones ibid. Confutes fuffeBi ibid. Cufos purpura 3 II CORNELIUS SCIPIO 12 Cybel s Prieil 81 Cornicines 208 r\ Cornua (iVTuhck) ibid. D. Cornua (Parts of the Army) 192 Daci 2r Sub Corona venire 231 Dacia ('made a Province) ibid'. Corona Caflrenjis 222 &CLK}vhX$ Tli QeiV 280 — Civic a 221 Dalmatia (fubdued) 17 — — muralis 222 Damnum 143 naval is ibid* Dapes faliares 75 obfdionalis ibid. Decemjugis 256 — reft rat a ibid* Decemviri 1 triuwphalis ibid* Decemviri litibus judicandis 122 ‘~—~vaJlar/s ibid. Decemviri , Keepers of the Sibyl - Corona sure* ibid. line Oracles 79 DEC U f 1 M D E X. DEC 11 ic8 Decimatio 219 DEC 1US (Emper) 23 Decuma 233 Dccumani ibid. Decuria 129, 192 D e cur i oner ] 95 Decurfto , at Funerals 357 Dccujjtr 3^6 De du ft ores 107 Defenjio 139 Defunbii pro rojirir laudatio 5 G 35 i Dcjettio e rupe Tarpeia *45 Delatores IA2 Delubrum 38 Denarius 373 > &c. Decennalia 360 Dcpontani 132 Deportati 144 Deportatio ibid Delignatores 3°5 Devoting of the Generals 198 Diadem 322 D 1A DU ME N (Emper) 23 Di bap hut 381 Diffator 109, &c. DIDIUS JULIAN 22 Didrachmi 374 Diei atri 9° ■*“ comit infer ibid. — — comperendini 9 f fafti ibid. —Pfii * inter erf ibid. — — pr ali ares 9 i — profsfii 89, 90 - pofiriduani 90 - ftati 91 Diem dicere reo 141 A n'lftif 242 Dijfarreatio 328 AikeptQ- 242 DIOCLETIAN 2? Dir a 68 Dir i bit ores 132 Difceptatio can fa *37 Difcus (the Exercife defcrib’d) A /(TvVctr©- no Divorces 332 ,j &c. Do, Dico, add/ co 90 Dot a bra 237 DO M IT I A N 2 r Duclu fuo rem gerere 1 97 Duumviri Chflis 244 Duumviri , Keepers of the s/ty/- //»£ Oracles 78 Duumviri perduellionis, or capi- taler 122 Lcgionis 19 E. Edere aftionem 136 Edifia ( Bills for a Show of Gladiators) 277 £ G £ R 7/7 74 E'lKoCopyt 243 ExctToi^ofO" ibid. Exfca/cfgitMjM* 242 EAfitTJlf 252 Elatio 343 Elephants running in the Circo 256 Emeriti 189 Iinfigns 207 Bnterrainments 365 >&c, Epitafis of the Drama 2 85 Epula or Lcffifiernia 84 Epnlce 84 Epulones % or feptemviri epulenum 84 Etjttet , Equejlris Ordinis - £7#*- (iri loco natttf, the Difference between them 98 Equeftria 44 Eqtii redditio 187 Equitatus jujlus 1 92 Equltes 1S5, it 5 Equitum probatio 186 Equitum recenfio ibid- Equitum tranfve&io ibid. Equum adimere 1 1 3 Efpcufals 3 2 '5 Ejfedarii I N D E X. 'EJJedarii 277 Qu i ri nali t ibid. Ejftdum ibid. Flaminica ibid* E V A N D E R. 66 Flamina, or Flammeum (the Fla- EUDOXI A 28 men’s Cap) 7 2 Evocatio dsorum tutelarium 2 s 5 Flammeum (’the Bride’s Veil; Evocati 189 3-9 Euphrates (the Bounds of the Floralia 95 Empire) 22 Feeder at £ civi fates 233 Ex cub i oc 213 FolHs (a Sort of Ball) 251 Exercitia ad palum 2.5 Forfex (a Way of drawing up an Exilium 5 44 Army) 20 6 Bxire 27S Form of Abfolution 40 Exodium * of Ampliation ibid. Exodium Attellanicum ibid. * of Condemnation ibid. Extifpicet 69 Fortunate Names 184 Extraor din arii 19’., 2d Forums 48, &c> 3 1 4 Forum Augufli 49 F. lorum Boarium 50 Fora civilia 49 Fabius Maximus 11 Forum cupedinarium 5° Fa 11 so alba *55 Forum Holitorium ibid. - — prafina ibid. Forum Julium *• 1 rujfata ibid. Forum Latium ibid- — veneta ibid. Forum Nerve ibid. Yid . Companies of Charioteers. Forum Palladium 50 Fari tria verba 90 Forum Pijioriuvt 5 ° Fafces 1 c8 Forum Romanum 49 Fafci * 39 Forum Suarium 5 C Fafcis 217 Forum Trajani 50 Favete Unguis 83 Forum tranfitorium 49 FAUSTULUS 2, 3 Fora Venalia ibid. Fcafts in Honour of the Dead. Fojfa 212 361 Fratres Arvales 66 Februaca 6 S Freedom by ManumilTion ieo Feci ales ? 6 , *29 Freedom by Teftament ibid. Femoralia 3'9 Front is inujh'o 141 Feralia 93 Frumentum ejfimatum 234 Ferentarii I99 dccumanum ibid. Feria concept iva 9 ° — e mpt urn ibid. " " imperative ibid. **“ — honorarium ibid. • Jlative 89 — imperatum ibid. Fefcennine Vcrfes 283,331 Funditores 1 99 Feftivals m the Roman Kalen- Fun era 340 dar 93 > & e ' Funerals 334 Filius familie Hi Funeral Ceremonies before the F/amen Dialis 73 Burial 340 Marti alls ibid* in the Aft of Burying, 343 >&c. — after INDEX. after the Burial 360 ,&c. Habit of the Romant 306 Funera acerba 338 HANNIBAL U > 12 Fun era lav vat a 349 Harangues of the Generals 210 Funus indiftivum Harpaftum 25a publicum ibid. Harufpices 70, 7 j taciturn 337 Haft a pur a 220 — tranftatitium 338 Sub haft a vend t i 22 — - — vulgare, or flcbeium 337 Haft •Ingen ui INDEX. Ingenui Inter cojjio Interrex JO V 1 AN IpfiU Irrogatio JUBA Judex Queftionis Judgments Judices felecli Jttdicia ccntumviralia Judicium calumnie Judicium falfi Judicium prevarication Subjugum mitti JUGURTHA Jugurthine War JULIAN Julian Account Jupiter Feretrius Tribes) Jus civile Jus civitatis Jus dicere and judicare (rhe Dif- ference between them ) 112 Jus honorarium 1 49 Jus imaginis 99 Jus Papirianum 148 Jus trium liberorum I 8 1 In jus reum vocare 1 36 In jus vocatus aut eat aut fatifdet ibid. 99 104, 116 L- 120 26 LABER 1 VS the Mimick 75 285 142 Lacerna 217 *5 Lacernata arnica 320 13S Laciniam trahe:e 307 1 34 &c> Lena 318 138 Laniftae 272 1 22 TITUS LARGIUS FLAVIUS , I 37 » H l the fit ft DiOator 109 ibid LATINS 7 136 LATINUS 2 23 I Latio fententie I4O 13 LATIU M 2 ibid. Latrones 249 26 Latrunculi 248 33 Laudatio (a Cuftom at Trials) 227 I4O ries and LAVINIA 2 132 LA VINIUM ibid. 149 LAURENT I A ibid. 130 laurentum ibid. Law, vid. Lex . Laws 148, deadulterio& pudicitia 1 7 $ Agrarian 263 de ambitu 17 7 — - of the Aflemblies and Meetings 154 of Citizens 152 of Conftitutions, Laws, Juramentum calumnie ^6 and Privileges 1 60 JUS TINIAN l A 9 ■— of Corn l6 S — — of Crimes 173 * of Expences 166 K. Falfi I 75 ■ of Judges * 7 * Kalends 92 — ofjudgments 173 K.cltu(P€£kIoi 243 * of Magiftrates *57 K.«7 arpp ( ml! ct ibid. ^ de Majejlate *74 Killing of the dead Body 338 “ — of Martial Affairs 168 Knights 98 — Milcellaneous 180 Knights Eftates ibid. — - of Money, Ufury, &c - 1 70 K 325 — de parricidis 1 75 ' 7 * of INDEX. — of Provinces and their Governors i6r — of Religion 150, of the Senate *75 Inter Sicarios i 75 - de Tutelis 169 de Vi 176 * of Wilis, Heirs, and Le- gacies 170 Leagues (how made) 229 LeBi tricliniorum } or triclinia - res 367 LeBica or LeBi (Funeral Beds; * 548 Legati 127,196 Legati Confulares ibid- Legati prat or is ibid. Legatio libera 157 Leges (how they differ’d from Plebifcita) *34 Legions 191 Lejffits 346 Levie of the Confederates 1 b 8 Levie of the Foot 183 Levie of the Horfe 185 Lex Ac Hi a 179 — — Acilia Calpurnia 177 * /Elia *53 • A Emylia 167 Ampia Labhna 171 - Anti a 167 Antonia 151,159,172,174. Apuleia 1 74 i •Atia 151 — Atilia 169 - At t ini a 159 Aufidia *77 — Aurelia 159,172 Cali a 1 55 - Cacilia Didia 160 1 Cacilia de jure /**//4 — — Genutia 1 57 Hieronica ie 6 — — Hirtia 158 - Hortenjia 160 — Julia 163,162, i6c, 1673 72, 174 , , 75 : » 178, 179 — ?«//« de Civitate 153 Julia de maritandis ordi- nibus 186 • — ■ — Julia P'apla 18 1 Junia ** 3, *79 • Junia Licinia 160 *— • — Junia Sacrata *59 Latoria 169 Licinia 151,152 ,163, 163 Licinia /Ebutid 160 ■ — — Licinia Mutia Licinia de Sodalitiis 177 Livia 1 7 r — Livia de Sociis 1 53 Mamilia 165 — — Manilla ^5, 169 — — Manlia i ? i — — Marcia 158 • — • — Maria 155 Maria Portia i 63 Marita 180 Mem mi a 173 — — Muneralis ibid* ■ Ogulnia 150 Oppia 167 *<■«•«»• Orchid «66 B h * — * I N >5', D E X. *“ — - Papia 151,153 Papi a Popp£a 181 — Papiria I 50, 1 5 5 Plautia 172, 176 — — Pomp tin 159, 171, iy 3t 176, i 7 8 Porcia 1 52 — Pupi a 157 — Remmia 1 7 3 * Rofcia 15a Sacrata militaris 168 — Scatinia or Scantinia 1 75 — - — Sempronia 153,155,156, 158,161,164,165,168,170,171 Sentia 15 6 ' — — Servilia 1 5 3, 1 63, 1 7 1,179 Sextia Lie ini a 150, 158 ■ Silvani & Car bonis 153 — •*- Stilpicia 154,156,168 Sulpicia Sempronia 150 — Terentia CaJJta — Thor i a — Titia — Trebonia — Tull i a — — de Vacatione Valeria 1 52,, 1 59,170 — Valeri a Horatia 1 4 8 — Van a i 53> , 74 — Vat ini a 162 — Villia annalis 1 57 ■ Voconia 1 70 L 1 ARIUS or GLTCERIUS 28 Li bam in a primes 85 Libatio ibid. Libella 374 Li belli (Bills for a Sword-Play) 277 165 164 16 J 163 1 57 >i 77 I 5 i *59 Liber cenfu , &C. Liberti Libert ini LI BIT IIP A Libit imrii Libra Libri elephant ini Liburnicse LIC INIUS 100 Ibid 9 340 ibid. 375 41 243 25 Li ft ores Litem intenden i 3 $ Liter a laureate ^23 Lituus 68,208 LIVIUS AND RONICUS 283 202 43 Lorica Luci LUCIUS ANTON INXji LUC RET I A Lttftus annuus LUC U LLXJS Ludi aftiaci ApoUinares ' Auguftales T —”“* Capitol ini “ ~ C ereales ““ — Circenfes ’ CompitalhH Conjuales *■ Decennahs * Plot ales — Funebres * Juvenales — Juventutis Magni — Marti ales “ ^ Megalenfes * Mifcelli m Natalitii " Palatini ~~ — Pontificates Qttinquennales *■”* — Romani — Sacerdotales - — — S£culares — Scenici — Triumph ales — — - Vi ft or i a “ — - Votivi Ludii and Hi fir torn s at a Funeral 245 2 Lupercalia 64, 6-j Luperci 64 Luperei Fabiani 65 Luptrti 5 362 $°3 2 97 2 99 2 98 296 252 2 99 298 304 296 304 ibid. ibid. 302 2 97 296 304 ibid- 299 271 303 2 98 2?r 2 99 >eh*. 282,^ 3^4 303 302 I N D E Lupcrci Qulnftiliam 65 Luftrtttn 1 1 3 Lufirum condere ibid. Lying on Couches, at theTable 366, cW* M, Magi ft er equitum 1 00, 1 1 0 Magiftrates 105 when admitted *31 when defign’d ibid. Magijiratus Curules 105 Magijiratus extraordinary ibid. — tnajores ibid * minor es ibid. — ibid. or dinar it ibid- * — — Patricii * ibid' - Plebeii ibid- Provinciates ibid. XJrbani ibid. MAGNENT IUS 26 MAJOR IANUS 28 Mandatores 1 42 Mandatum *35 Manipulus 190 MANLIUS 8, 10 Mappa *57 MARC ANTONT 16, 17 MARCUS ANTONINUS 22, *3 Marriages 326, efo-. Marriage by U/* 3*8 Proper Time for Marriage 327 Matron alia 94 M tLxtf* 01 (Ships of War) 243 MAXENTIUS 25 MAXlMIAN ibid. MAX I MIN 2? MAXIMINI AN 25 MAXIMUS 28 Megalefia 296 Mercjdinus or Mcrcidonius 87 Merenda 3^5 MScrOTTSf^VgJP 315 Mefopotamia (made a Province) a* Meta in the Circo 46 Metallici J 47 Miliarium aureum 55 M Hites fubitarii 185 Mimus 284 Minerva 94 MiJJilia 267 Miffus (the Matches in the Races) 256 Miffus ar arias 257 MITH RI DATES King of Pontus 13 Mitra 3*1 Mitt ere judices in conjilium 140 Mola 85 Moneres 243 Of the Money ll'i 4 &c. Mons Aventinus 32 — Auguflus 31 — Caballus, or Caballinus ibid. — C alius ibid. • — Capitol inus 3 Q • — Efquilinust exquilinus, or ex- cub inus 32 — Murcius ibid. — Palatinus 3 Q — QuerculanuS) or quercetular.us — Remonius 32 — Saturni 4 94 Officers in the Army x 3 9 >&c° Naval Affairs of the Romans, OhKCL cfg? 243 239, &c» O L TBR 1 US 28 Naves apcrt&c ORESTES 28 NE POS 28 O RMISDAS 50 NERO 18 Omare Apparitoribus , Scribis } &c . NE R V A 2 1 I2 S New as Arch 50 Omari pfovtncia ibid. Nobiles 99 Offilegium 35 S Nomen 37 ° OJlia (the Port) 239 Nominis delatio 139 OSTORIUS SCAPULA 18 Nona Caprotina ibid. OTHO 19 Nones 92 Ovation 224 Notarius 123 Ovilia 132 Novennalia 360 P. Novi 99 Paffum 136 NoviJJtma verba 3 59 Paganica (a Sort of Ball) 251 Novus homo 97 Palantes 30 Nucibus reli cl is 33° Palaria 2Jf NUMA 4 Palatium 30 NU'ME RIAN 25 pales 94 NU MI TO R 2,3 Palilia 95 Nummus 374 Palla 3 19 Nundina Palladium 77 Nuts ftrew’d at ] . Marriage Palliata (Plays} 287 Feafts 33 ° P alii at us 3°9 Nymphaa Palmyra 24 Paludamentum s 97 t 3 12 O. Palus Caprea 95 P amici t err ores 209 Oath of the Soldiers 188 Pannonia (fubdued) *7 O bolus 374 PANSA 16 O crea 2o2 Pantheon 39 OCTAVIUS or AUG USTUS Pantomimi 285 ^,17 P AP IRIUS CURSOR 8 Offerer 24 2 Para gaud a 3 T 5 Odeums 4 46 Par impar 251 J Paris I N D E X. Pari a comp oner e 278 Parma 199 Parricidium 94 Pater patratus 76 Patibulum 1 46 Patres confcripti 402 Patricians 97 Patrons 97 > I 3 S Pay of the Soldiers 217 PeBorale 202 Pecunia 372 Pec uni a extraordinaria 2-4 Pecunia or dinar i a ibid. PEDlUS 16 UivjctKoulo§@“ 2 43 Pentathlum 253 TltvIzKcuS'ZKriziis 2 43 Tliv]ri^ ibid. Penula 3 1 2 ;? 1 7 PercuJJio fecuri J 4 * Tli&'7rb$ Primopilarius j 94 Pritnopilus 193 Princeps juventutis 259 Princeps Jenatus 101 Principalis confiituth 149 Principe s 190 P>'incipes Qenturiomm 193 Principes ordinum ibid . Principia 212 P RO BUS 24 PROOFS 2 Proconfuls 1 24, &c. Procurators 13 5 Procuratores Cafaris 128 ProjeBio in profuentem 145 Proletarii 131 Propraetors 127 Proquaedors ibid. Profcenium 43 Prefer ip ti 1 44 P of crip “io ibid. Protafis (of the Drama) 286 Provinces 2 ?3 Provinces (ConfuJar \) 127 (Praetorian) ibid. Provincial Maglftrates Provocatores Publius the Mimick PUBLIUS SCIPIO Pullarius Pullata turha Pull at or nm cir cuius Pulvinaria Pulvint Pun)fhments , 4 3)Crr . Punifhments of the Soldiers PUpiENUs Purpura Megalenfs Puteal Libonis Puteal Scr ionium Puticula , or Put huh Pyva ^ ) Pyrrhice, or $ alt atio Pyrrhic a 26% P TR RHUS | Q s 4 2 76 2 $6 68 312 ibid. 84 368 3r 43 »€^r. H 296 51 ibid, 35 $ 35 T Quadrant Quadrigae Quadrigatus Quadriremis 373 256 373 242 Qpatuor , 141 Scena 43 Rogus 355 SC I P 10 IMS Romani, & Gives Romani . , the Scorpio 240 Difference between them 2:2 SCOTS 22 Rome built 3 S crib a 223 Sack’d by the Gault 8 Scriptura *33 Sack’d by Genferic 28 Scutum —taken by Odoacer ibid. Scuta imbricat a ibid* • the Circuit of it in the Scuta ovata ibid. Reign of Valerian 34 Se Jlitiffe *36 Number of Inhabitants Scttatores 107 ibid- Securis log ROMULUS & > 3*4 Secutor 275 Rorarii 199 Sejuges 2*6 ROSCIUS the Player 295 Sembella 374 Rudiarii 280 SemiJJis 373 Rudis (the Reward of Gladia. Semuncia ibid. tors) ibid. Senaculum At Bb 4 Tfic I N D The Senates ioi t frc» Senatorian Age 99 Senators 98, Senator’s Eftate 101 Senators Sons (their Liberty of coming into the Houfe) 105 Senatores pedarii ibid. Senatu eji'cere ^ 1 j Senatus indiblus io2 Senatus legitinus ibid- Senatus authoritas 103 Senatus confultum ibid. Senatus confult a tacit a 1 04 Senio (aThrow on the Dice)2 4 9 Septa or Ovilia jjz Septewjuges 2 s 6 Serra (Way of drawing up an Army) 2C 6 Serintus j . . SERFIUS TULLIUS ' 4 Sejiirtium 374, 37J Way of counting bySeflerces ibid. Sejlertius SEyERUS severiau Sextans Shoes Show of Wild Heads S 1 B YLS S 1 C A MB R l C SIC C IXJS Dent at us Sicily (Tub deed; Signs of Grief at Funerals Silicemia Sinus of the Gown Silicines 80 c cus Socii So dales Titii Sodalitia Sole * Sole* pull’d off at Feads Sortitio judicum Spanijh Swords Spo il a opima 375 22,25,28 28 379 322 265 80 3 7 223 10 349 36 r 306 345 184 77 ’ &£• 177 3*4 §68 J 39 199 227 I 6 E X. Sportula Sportum Stadia St at i ones Status of a Play Stibadium Stipendhtm Stola Stragula Strangulatio Subjula Succenturiones Sudes SVEVl Suggrundarium S ULP1CIUS Smvetauvilia Supplicatio S YLLA 37 ? ibid. 46 2r 3 2 86 367 23 ? 319 3 6 7 145 242 75 194 212 17 335 13 ljf 3 223 24? 136 Tahella votiva TabelU 4 ^ Tabemari * (a Sort of Play) 2 87 Tablet mark’d with A 133,140 Tablet mark d with C. i 4 q Tablet mark’d with N L. ibid. Tablet mark’d with U R. T AC ITUS (Emper.) Talent Tali Tali 9 Taventine War TARQUINIUS PRISCUS TARQU 1 N the Proud. Titus TATI US Templum Temple of Janus Temple of Saturn Teruncius Terminalia Tiaxct^Xfiyjo p ©- Tefera Tejfira, & teferarum ludus 249 Tefferarm M 375 H 9 Hi 8 4 4,6 3 r §8 . 4 * ibid. 373 93 243 210 , I N D Tejfcr arias 213 Tejludo 237 242 Teutones 13 ThalaJJius 303 Theatre 53,^. Theatre of Scaurus 44 Theatre of Pompey ibid. THEODOR. 1 C the 0 K> 00 Thenfa 296 THEODOSIUS 27 Thracian Gladiators 27 6 Tiara 322 TIBERIUS 17 Tibia 292 ■ Dextra 293 — imp ares ibid® Lydia ib. 294 — pares 293 Phrygia ib- 294 * Sarrana 293 — ~ — Jiniftra ibid. Tibialia 319 T 1 GRA NES 13 , H Tirones 216 TITUS (Emper.; 20 Toga 306, < 3 ^. *— ibid. — — j Candida ibid. — ■ libera 3 ii • palmata 108, 312 *— — — ibid. Pratexta 309 *— pulla 3 1 1 - ■ ibid. * purpurea 312 ^ fordtda 311 virilis ibid. Togata (Sort of Plays) 287 Togatus (oppos’d to Palliatus) 309 Toralia 367 Tornamenta 263 Torques 221 Trabea 313 Trabeata (Sort of Plays) 287 Tragedy 286 TRAJAN 31 E X. Trajan s Pillar n Tranfattio i 3 6 TeictKovlog®- 243 Triarii 190 Tribu mover e uz Tribes of the City 34,133 Tribunal 311 Tribunes (Junior) 1S3 Tribunes (Senior) ibid. Tribunes of the People XI 5 Tribunes of the Soldiers 183* Tribuni angufticlavii *94 ; 12 5 " ■ - 1 comitiati ibid. /« one , lib. 4. II. de Commodis, Praemiis, 6c Donis MilitaribuiS. III. de Poenis militum, 6c Ignominiis. Erycii Pnteani, de Stipendio Militari apud Romanos, Syntagma : quo modus ejus, ha&enus ignoratus, conftituitur, - — Vincent if Thcfaur. Grav. Catalog. ffincentii Contareni , de Miliiari Romanorum Stipendio, Commenta- rius. Michael Angelas Caufeus , de SignisMilitaribus. Petri Rami de Militia Julii Cafaris i liber. TOM. XL Ezechielis Spanhemii Orbis Romanus, feu ad Conftitutionen Antonini Imperatorisj de qua Ulpianus leg. 17. Dig. de Statu Hominum, Exercitationes duae. Jafti Magiftratuum Romanbrum ab Urbe condita ad tempora Divi Vefpafiani Augufii , a Stephana Vinando Pighio fuppletis Capitolinis Fragments reftituti. Defcriptio Confulum, ex quo primi ordinati funt j five integri FafH Confulares quos Idatians do&i viri hadtenus appellarunr, opera 6c Audio Philippi Labbe. Tironis Profperi , Aquitani , Chronieon integrum ab Adamo ad Romam captam a Genferico, Wand. Rege. Fafti Confulares Anonymi, quos e codice MS. Bibliothecae Cafa* rea deprompfit, 6c diflertatione illuftravit, F . Henricus Noris. Anonymus de Prasfe&is Urbi ex temporibus Galient 5 ut 6c frag- mentum Faftorum ab Anno Chrifti 2.05. ad 353. ex editions JFgldii Bucherii . Epiftola Confularis, in qua Collegia LXX. Confulum ab Anno Chrifiiana Epochas XXIX. Imperii Tiberii Augufii decimo quinro, ufque Annum CCXXIX. Imperii Alexandra Severi oftavum, in yulgatis Faftis haftenus perperam defcripta, corriguntur, fup- plentur, 6c illuftrantur, Auftore F. Henrico Noris Veronqnfi , Au- gufitniano. Sertorii Urfati, Equitis, de Notts Romanorum Commentarius. Diflertationes de Nummis Antiquis, divide in quatuor partes, Auc- tore Ludovico Savoto. Ex Gatlica in Latinam Linguam tranitulifc L. Neocorus. Alberti Rubenii Diflertatio de Gemma Ttberiana 5 c Augufi&a. De Urbibus Neocoris Diatribe. Marquardi Freheri, Confiliarii Palatini , de Re Monetaria veterum Romanorum , 6c hodierni apud Gormanos Imperii. Robertas Cenalis de vera menfurarum ponderumque Ratione. Luca P&ti Juris Confulti, de Menfuris 6c Ponderibus Romanis 5 c Gratis, cum his qux hodie Roma funt, collatis, Libri quinque. Prifciani Cafarienfis , Rhemnii Fannii , Bed a Angli, Volufii Metiani t Balbi ad Celfum, Libri de Nummis, Ponderibus, Menfuris, Na- meris, eorumque Notis, 6c de vetere computandi per digitos ratione, ab Elia Vineto Sant one emendati, ut 6c a f?. Frederica Gronovio . Alexandri Serai , Ferrarienfis, de Nummis liber, in quo prifca Gr&~ corum 6c Romanorum pecunia ad noftri ceris rationem redigitur. C c TO M. Thefau. Grav. Catalog. TOM. XII. ' Vincentius But jus de calido, frigido, & temperato Antiquorum po* tu, & quo modo in deliciis uterentur. Julms Cafar Bulengerus de Conviviis : libri quatuor. Eryc'ti Putaani reliquiae Convivii Prifci, turn ritus alii, & cenfurae.' Andrea Baccii de Thermis veterum, liber fingularis. Irancifci tfobcrtelli Laconici 5 feu Sudationis, quae adhuc vifitur in ruina Balnearum Pifana Urbis, explicatio. jFrancifci Maria Turrign Notae ad Tetuftiffimam Urji Togati , Ludi Pilae vitreas inventoris, infcriptionem. Martini Lipenii Strenarum Hiftoria, a prima Origine perdiverfa? Regum, Confulum^ & Imperatorum Upmctnoriim, nec non Epif- coporum aetates ad noftra ufque tempora. JAarci OAeibomii , de Fabrica Triremium, liber. Conftantini Opelii de Fabrica Triremium, QAeibomtana Epiftola per- brevis ad amicum. Jfaaci Vojfii de Triremium & Liburnicarum conftru&ione di(Tertatio a Jacobi Philippi Thomafini, de Donariis ac Tabellis Votivis, liber fingularis. Vincentii Alfanii , de Invidia Fafcino Veterum, libellus. Joannis Shefferi, de Antiquorum Torquibus, Syntagma* Michaelis Angeli Caufei DifTertationes tres.’ — I. De Vafis, Bullis, Armillis, Fibulis, Annulis, Clavibus^ TeiTeris, Stylis, Strigilibus, Guttis, Phialis Lachrymatoriis, & de Manibus aeneis vota referentibus. «— II. De Mutini Simulacris. —-III. De dEneis Antiquorum Lucernis. Offavii Ferrarii Diilertatio de Veterum Lucernis Sepulehralibus Pie- turae antique Sepulchri Nafoniorum in Via Flaminia t delineatas 6c seri incifae, a Petro Sanblo Bartolo ; explicate vero & illuftratae a Joanne Petro Bellorio 5 ex Italic a Lingua in Latinam vertit LudoU phus Neocorus . Jacobi Gather'd de june Manium, feu de ritu, more & Legibus prif- ci Funeris, libri tres. Choardus major, vel de Orbitate toleranda ad Annum ^obertum J. C„ Praefatio., Petri Morefielli Pompa Feralis, five Jufta Funebria Veterum t Libri deeem* FINIS \ BOOKS Printed for R. K n a p l o c k 5 at the Biftiop’j-Head in St. Paul\? Church-yard, A Continuation of the Hiflory of J ofephus from his own, to the XX prefent Time. Written in Trench by the Learned Monf. Baf- hage, and now carefully tranflated into Englijh. Origines Ecclefiajlica $ or the Antiquities of the Chriffian Church, In Two Vol. Folio, By Jojeph Bingham, M. A. The Old and New Teftament connected, in the Hiflory of the Jews and neighbouring Nations, from the Declension of the Kingdoms of ifrael and Judah to theTime of Ghriff In 4 Vol. 8°. The Clergyman’s Vade Mecum: Or, An Account of the ancient and prefent Church of England j the Duties and Rights of the Clergy, and of their Privileges and Hardfhips. In 2 Vol. The 5th Edit. By J. Johnfon, M. A. Vicar of Cranbrook. A Collection of all the Ecclefiaftical Laws, Canons, Anfwers or Refcripts, with other Memorials concerning the Government, Dif« cipline, and Worfhip of the Church of England, from its firftFoun r dation to the Conqueftj and of all the Canons and Cbnftitutions Ecclefiaftical made fince the Conqueft, and before the Reformati- on, now firft tranflated into Englijh , with large Explanatory Notes. In 2 Vol. By jh Johnfon , M. A. Vicar of Cranbrook. A New View of London : Containing a more exaCt and particu- lar Defcriprion of the prefent State of that City, than has been hi- therto publifh’d of any other City in the World. In 2 Vol. 8°*. Medicina Gymnajtica : Or, A Treatife concerning the Power of Exercife, with refpeCt to the Animal Geconomy, and the great Neceflity of it in the Cure of many Diftempers. By Francis Fuller > The Trench Church’s Apology for the Church of England : Or, the DifTenters Objections againft the Articles, Homilies, Liturgy, and Canons of the Englijh Church, confider’d and anfwer’d upon the Principles of the Reformed Church of Trance. A Work chiefly extracted out of the authentick ACts and Decrees of the Trench Na- tional Synods, and the moft approv’d Writers of that Church. By J. Bingham , M. A. fometime Fellow of the Univerfity College in Oxford , 8 °. Remarks upon a late Pamphlet, intituled. The Ipnocency of Error afferted and vindicated. By The. S her well, D. D. A Defence of the Remarks upon the Innocency of Error, againft the Cavils of a late Preface to thar. By the Author of the Re- marks. Arch&ologia Gr&ca : Or, the Antiquities of Greece. The Third Edition. By John Potter, D. D. now Lord Bifhop of Oxford. Vol. the firft, containing, 1. The Civil Government of Athens, 2. The Religion of Greece. The fecond Volume, containing, 1. The Mi- litary Affairs of the Grecians. 2. Some mifcellany Cutloms. Novus, Books Printed for Robert KnaploeL Novus Hiftoriarum Eabellarumque Dele&us. Quern e multiS* probatiftimifque Greeds Scriproribus erlidiendce Inventutis Gratia compofitum, Notis 6c Verfione illuftrayit Jacobus Upton, A, M* Coll. Regal, apud Cantab, nuper Socius. Jujiin's Hiftory of the Worlds from the Ajfyrian Monarchy down to the Time of Augufl as C&far : Being an Abridgment of Trogus Pompeius's philippic Hiftory ; with critical Remarks upon Jufiin , made Englifl ; by Mr. T. Brown. The Third Edition, carefully re- \ifed, with many curious Emendations, both as to the Hiftory and Chronology of j }aflin, according to the beft Oxford Edition j be- fides feyeral other material Annotations from the various Readings of the MSS, and a new Tranflation of Bongarjius's Contents of the Philippic Hiftory of Trogus Pompeius . By O. 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