Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole.

Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole.

Table of contents

Title page

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In Romanae Historiae Anthologiam, pueris Ciceronis anagnostis à Tho. Godwine concinnatam.

A short table shewing the argument of every Booke and Section.

THE ROMANE ANTIQVITIES expounded in English.

1

Lib. 1. Sect. 1. Of the chiefe parts of the Citie.

CHAP. 1. De monte Palatino.

CHAP. 2. De monte Capitolino.

CHAP. 3. De colle Quirinali.

CHAP. 4. De monte Coelio.

CHAP. 5. De monte Esquilino.

CHAP. 6. De monto Aventino.

CHAP. 7. De monte Viminali.

CHAP. 8. De tribus collibus adiectis.

CHAP. 9. De Foro Romane.

CHAP. 10. De Basilicis.

CHAP. 11. De Comitio.

CHAP. 12 De Rostris.

CHAP. 13. De templo Castoris.

CHAP. 14. De aede Saturni.

CHAP. 15. De campo scelerato.

CHAP. 16. De campo Martio.

CHAP. 17. De Circo Maximo.

CHAP. 18. De Theatro.

CHAP. 19. De Pistrino.

CHAP. 20.

De Templo.

De Fano.

De Delubro.

De Aede sacrâ.

De Sacrario.

De Lucis.

De Scrobiculo, Arâ, & Altari.

De Scrobiculo.

De Arâ.

De Altari.

De Foco.

Lib. 1. Sect. 2. The generall divisions of the Romane people.

CHAP. 1. De populo Romano, & eius primâ divisione.

CHAP. 2. De primâ divisione Romanorum in Senatores, sive Patres, Patricios, sive Patronos, & Plebeï, sivè Clientes.

CHAP. 3. De secundâ divisione Romanorum in tres ordines, Senatorium, Equestrem, Popularem, seu Plebeium.

CHAP. 4. De tertiâ divisione in Nobiles, Novos, & Ignobiles.

CHAP. 5. De quarta divisione Romanorum in Optimates, & Populares.

CHAP. 6. De quintâ, & vltimâ divisione Romanorum, in Libertos, Libertinos, & Ingenuos: item de Manumissione.

2

Lib. 2. Sect. 1. The generall divisions of the Romane Gods.

CHAP. 1. De dijs.

Lib. 2. Sect. 2. Of the Romane Priests with some particular Gods.

CHAP. 1. De Pane Lycaeo, sive Iuno: de Lupercis, & Lupercalibus.

CHAP. 2. De Cerere, & sacris eius.

CHAP. 3. De Potitijs, & Pinarijs, Herculis sacerdotibus.

CHAP. 4. De Fratribus arualibus.

CHAP. 5. De sexaginta Curionibus.

CHAP. 6. De Augur bus, & eorum Collegio.

CHAP. 7. De Tripudijs, & pullarijs.

CHAP. 8. De Aruspicibus, Aruspicinâ, & Extispicio.

CHAP. 9. De Flaminibus.

CHAP. 16. De Marte, sive Mavorte, & Salijs Palatinis Marti dicatis.

CHAP. 11. De Foecialibus, & Patre-patrato.

CHAP. 12. De Duumviris, Decemviris, & Quindecimviris sacris faciundis: itèm de Sibyllis.

CHAP. 13. De Bonâ deâ, & sacris eius.

CHAP. 14. De Cybelle, & sacerdotibus eius.

CHAP. 15. De Collegio Pontificum, & Pontifice Maximo.

CHAP. 16. De epulonibus.

CHAP. 17. De Titijs.

CHAP. 18. De Virginibus Vestalibus.

CHAP. 19. De veterum sacrificiis & ritu sacrificandi.

Lib. 2. Sect. 3. Of the Romane yeere.

CHAP. 1. De Anno & partibus eius.

CHAP. 2. De Ludis.

CHAP. 5. De mensis & convivijs Romanorum.

CHAP. 4. De Romanis vestibus.

CHAP. 5. De Tunica.

CHAP. 6. De nuptijs & nuptiarum renunciatione.

CHAP. 7. Quo apparatu, quibus que ceremonijs apud veteres defuncta corpora igni tradebantur.

3

Lib. 3. Sect. 1. Of the Romane assemblies. De Comitijs.

CHAP. 1. De Comitijs, id que Calatis praecipuè, & de Rogationibus.

CHAP. 2. De Comitijs Curiatis.

CHAP. 3. De Comitijs Centuriatis.

CHAP. 4. De Comitiis Tributis.

CHAP. 5. De Candidatis.

Lib. 3. Sect. 2. Of the Romane Magistrates.

CHAP. 1. De magistratibus Romanis.

CHAP. 2. De Rege & Tribuno Celerum.

CHAP. 3. De Senatu, & quis Princeps Senatus, & qui Senatores Pedarij?

CHAP. 4. De Consulibus.

CHAP. 5. De Censoribus.

CHAP. 6. De Praetoribus.

CHAP. 7. De Imperatoribus, Caesaribus, sive Augustis.

CHAP. 8. De Principibus iuventutis Caesaribus, & nobilissimis Caesaribus.

CHAP. 9. De Praefecto vrbis.

CHAP. 10. De Decemviris legibus scribendis.

CHAP. 11. De Interregia potestate.

CHAP. 12. De Dictatore.

CHAP. 13. De Tribunis militum.

CHAP. 14. De Triumviris Reipub: constituendae.

CHAP. 15. De Quaestoribus ararij.

CHAP. 16. De Tribunis Plebis.

CHAP. 17. De Aedilibus, & Praefect• annonae.

CHAP. 18. De Triumviris.

CHAP. 19. De praefectis Aerarij.

CHAP. 20. De Praefecto praetorio.

CHAP. 21. De Advocato fisci.

CHAP. 22. De praecipuis magistratibus provincialibus.

Lib. 3. Sect. 3. Of the Romane Lawes.

CHAP. 1. De Legibus.

CHAP. 2. De Iure publico & privato.

CHAP. 3. De Legibus religionem spectantibus.

Lex Papiria.

Roscia Lex.

Clodia lex.

Domitia lex.

Lex incerti nominis de vacatione sacerdotum.

CHAP. 4. De Civitate, & iure civium Rom.

Porcia lex de civitate.

Lex Sempronia.

Lex Papia de peregrinis.

Servilia lex de civitate.

Sylvani & Carbonis lex de Peregrinis.

Cornelia de Municipijs.

Gellia Cornelia lex.

CHAP. 5. De legibus ad comitia spectantibus.

Aelia lex.

Fusia lex.

Clodia lex.

Gabinia lex.

Cassia lex.

Coelia lex.

Papiria lex.

Sempronia lex.

Manilia lex.

CHAP. 6. De Senatu & Senatoribus.

Claudia lex.

Tullia lex.

CHAP. 7. De Magistratibus.

Cornelia lex.

Hircia lex.

Cornelia lex.

Clodia lex.

Valeria lex.

Cornelia lex.

CHAP. 8. De legibus.

Coecilia Didia lex.

Iunià Licinia lex de trinundino.

Clodia lex de intercessione.

Licinia Aebutia lex.

CHAP. 9. De Provincijs.

Sempronia de provincijs.

Cornelia de Provincijs.

Titia lex de Provincijs.

Iulia lex de provincijs.

Vatinia de Provincijs.

Clodia de Provincijs.

Clodia altera de Cypro.

CHAP. 10. De legibus Agrarijs.

Sempronia lex Agraria.

Cornelia lex.

CHAP. 11. De frumentarijs legibus.

Sempronia lex.

Clodia lex.

Terentia Cassia.

Lex Hieronica.

CHAP. 12. De re militari & bellis.

Gabinia lex.

Manilia Lex.

CHAP. 13. De Tutelis.

Laetoria lex.

CHAP. 14. De Testamentis.

Furia lex.

Ʋoconia lex.

CHAP. 15. De Vsu-capione.

Atinia lex.

CHAP. 16. De Iudicibus, & Iudicijs.

Lex accusatoria.

Lex Servilia & Sempronia.

Rupilia lex.

Livia lex.

Plautia lex.

Aurelia lex.

Pompeia lex.

Iulia lex.

Antonia lex.

Cornelia lex.

Memnonia lex.

Lex incerta de Nexu.

CHAP. 17. De Maiestate.

Lex Varia.

Iulia lex.

CHAP. 18. De Ambitu.

Fabia de Ambitu.

Acilia Calpurnia.

Senatus-consultum de Ambitu.

Tullia lex.

Licinia de Sodalitijs.

CHAP. 19. De pecunijs repetundis.

Iunia lex.

Acilia lex.

Lex Cornelia de Sicarijs, Veneficio, & Parricidio.

CHAP. 20. Lex 12. tabularum de Vindicijs.

Lib. 4. Rites and customes observed by the Romanes in their warres.

De Militiâ.

CHAP. 1. De ritu, quem Romani observârunt vel foedus ferientes, vel bellum inferentes: & de triplici ratione cons•ribendi milites.

CHAP. 2. De Legione, Auxilijs, & legionis partibus.

CHAP. 3. De oppugnatione vrbis, & ijs quae ad oppugnationem requiruntur.

CHAP. 4. De poenis in hostes devictos.

CHAP. 5. Mulctae militares, quibus milites Romani ob delicta afficiebantur.

CHAP. 6. De donis militaribus ob rem fortitèr gestam.

INDEX RERVM ET VERBORVM MAXIME INSIGNIVM.

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ROMANae HISTORIae ANTHOLOGIA.

AN ENGLISH EXPOSITION OF THE ROMANE ANTIQVITIES, WHEREIN many Romane and English offices are paralleld and divers obscure phrases explained.

By THOMAS GODWYN Master of Arts: For the vse of ABINGDON Schoole.

AC: OX

AT OXFORD, Printed by Joseph Barnes. 1614.

AA

VENERABILI ET EGREGIO VIRO Do. FRANCISCO IAMES LEGVM Doctori, Curiae audientiae Cantuariensis causarum & negotiorum Auditori, Reverendi Aepiscopi Bathonensis & Wellensis Cancellario dignissimo.

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QVOTIES mihi in mentem redeunt, redeunt autem multoties crebra illa ea (que) aurea tua hortamina, quibus veluti frigidâ suffusâ mihi puero in literarū stadio currenti animos feceras: toties (vir ornatissime) me aere tuo ita obrutum sentio, vt non facultas modò, sed & spes omnis nomen meum expungendi de tabulis tuis praecîdi videatur. Novae scilicet mihi impetrandae sunt tabulae, nam de sorte acceptâ jacta est alea; & ita jacta vt nec reliquum mihi sit quo foeneralia sim soluendo; nisi numismata haec, quae & antiqua sunt & plumbea (id est) Antiquitates has, in quibus vereor ne me reperias hominem (vt cū Terētio loquar) plumbeum: sed fas sit addere (ex eodē Terentio) antiquae fidei; foeneraliorum vice acceperis. At quid tibi cum foeneratione? Vtpote qui foenerari [Page] beneficium non soles, sed illud pulchrè foeneratum putes quo qui accepit rectè vtitur: & quid mihi cum solutione? Qui scilicet putare debeo me novum beneficium accepisse, si hoc nostrum officium boni consulas: me devinctiorem tibi factum, si dignaberis tuo nomine (tanquam insigni aliqua gemma) ornare hoc meum opusculum, quo nomine non me solùm, sed inventutem omnem (nempe antiquitatum studiosam) plenius tibi demerêberis; mihi si quid gratiarum à candido lectore, lectori si quid vtilitatis ex nostris lucubrationibus accrescat: hoc ille, illud ego, tibi vni acceptum feramus necesse est: nec enim quod res est diffitebor, nisi quòd ardenter cuperem insopitam nostram tui recordationem notam facere, nostrae certè antiquirates adhùc sopitae & ignotae jacuissent, nec extra privatos parietes subreptitassent. Deus Opt. Max. dignitatem tuam quàm diutissimè servet incolumem.

Datum Abingdoniae decimo calend. Aprilis. Anno. 1613.

Tuae dignitatis omni obsequio observantissimus THOMAS GODWINVS.

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BENEVOLO LECTORI, S.

TRia auguror potissimùm futura in hoc opusculo, quae parùm faciant ad aliquorum hominum palatum; quae tamen singula lectorem aequum spero aequi consulturum. Primò aegrè ferent quòd antiquitatis hae suo debito .i. Romano destituantur nitore, & idiomatis nostri solaecis (tanquam tot laceris pannis) vestitae foras extrudantur: secundo insimulabunt me gravem rei literariae iniecisse plagam, nempè qui hac ratione feci, vt quivis fumiuendulus Grammatista poterit in lectione Ciceronis sine cortice natare, poterit gryphos antiquitatum qui passim historiarum occurrunt sine negotio solvere: tertio hoc illos male torquebit, quòd tota mea textura est adeò inconcinna & inconsona, adeò sterilis & humi serpens, adeò sanguinis & sublimitatis expers. Primò velim intelligant me nō tam exuisse eas suo nitore, quàm cruisse ex tenebris, nempè transfundendo eas in linguam magis cognitam. Secundò sciant me, non aliâ mente accessisse ad hoc opus quàm vt meo labore cuivis sciolo & tyrunculo, vix dum literarum studijs initiato imò pueris ad huc sub ferulâ militantibus, facilis aditu [...] ad adyta haec patefieret: de sterilitate quam mihi impingunt, me mihi plaudo, rectius (que) nomine perspicuitatis eam dici oportere contendo; quid emolumenti enim ex ampull [...]sis istiusmodi verborum prodigijs (quibus fulminare, nullus est elementarijs qui, si velit, nequit) emergit lectori? praesertim tyrunculo, quem ista verborum tonitrua magis admiratione afficiunt, quàm instruunt cognitione. Sed his missis, Lectorem benevolum monitum [Page] velim, vt quoties antiquitates Romanae, quoties antiqua aliqua lex, quoties minùs visitatae dictiones, vel dictionum significationes, quoties paraemiae ex his antiquitatibus enatae illum morantur in lectione autorum, Ciceronis praecipuè (cui prae caeteris meum erat consilium lucem inijcere) vt indicem meum vice Dictionarij consulat: vel si magis placebit, taedium quod ex gravioribus studijs obrepere solet, discutiat & exuat, lectitando has antiquitates, in quibus nihil occurrit ceratinum quod negotium cuivis facessat, nonnulla forsan quae sopitum lectoris animum everberent & exacuant magis.

Vale.

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GODWINE noli, pergis? inscitè facis

Vulgò Camoenas edere.

Romana spernit lingua conarisonos

Idiomate extrusos novo.

Godwine pergas, fallor; eximiè facis

Doctas Camoenas edere:

Antiqua Romae verba conari doces

Labore iuvenes improbo.

LAV. HVMFREDVS.

In Romanae Historiae Anthologiam, pueris Ciceronis anagnostis à Tho. Godwine concinnatam.

DIversis diversa frutex animalibus idem

Pabula dat:

In eadem herba apis florem, capra germen, sus radicem captat. Plut. lib. de Poetis Audiendis.

Radix, sus tibi, dulce sapit;

Dum florem delibat apis; rorem (que) Cicada;

Et baccas, volucres; germina, capra legit.

Qui Ciceronis adit sinuosa volumina Lector,

Non eadem quivis, queis saturetur, avet.

Lexios hic veneres mavult, suadae (que) verba sequi.

Schemata (que), & phaleras, Lecta (que) verba sequi.

Ille amentatas potius mirabitur hastas,

Argumenta, quibus causa perempta cadit.

Sunt quibus Antiqui ritus, quos prisca vetustas

Servat in Archivis, perplacuëre magis.

Talem tu Godwine tuo polyhistora libro

Efformare piâ sedulitate studes.

Nec labor incassum cedet; tibi nempe Minerval

Gloria (que) & stabilis fama [...] erit.

IO. SANFORDVS.

A short table shewing the argument of every Booke and Section.

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Lib.

1 Of the Romane citie. Sect.

1. Of the chiefe parts thereof.

2. Of the generall divisions of the Roman people.

2 Of the Romane religion, Sect.

1. Of certaine generall divisions of their Gods.

2. Of the Romane Priests with some particular Gods.

3. Of certaine collaterall appendices belonging to the Romane religion (ex. gra.) of the Romane yeare, where obiter of the Cal. I [...]es, and Nones, with certaine distinctions of the daies. Secondly of their plaies where chiefly the parts of a comedy or tragedy are shewn. Thirdly of their maner of taking meat. Fourthly of the Romane gownes and coats. Fiftly of their rites in marriages and burials.

3 Of the state politicall. Sect.

1. Of their assemblies, called Comitia.

2. Of their civill Magistrates.

3. Of all those laws, which I haue observed to be touched in Tully his orations.

4 Of the art military, as it was practised by the Romās Cap.

1. Of their maner observed in establishing their leagues.

2. Of the Romane Legion and the parts thereof

3 Of the maner of besieging a city.

4. Of the punishments towardes their enimies captivaetad.

5. Of punishments towards the Romane souldiers offending.

6. Of certaine rewards after the performance of any noble exploits.

THE ROMANE ANTIQVITIES expounded in English.

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1

Lib. 1. Sect. 1.
Of the chiefe parts of the Citie.

CHAP. 1.
De monte Palatino.

ROmulus, and Remus being (as it is agreed vpon by most writers)Plutar. vit. Rom Pighius the first founders of Rome, built it at the first inRosin antiq. lib. 1. c. 2. forme of a quadrangle vpon one only hill called Mons Palatinus, though Fabius left Rome, as it was first builte, with the fieldes thereof painted in the forme of a Sig de iur. Rom. l. 1. c. 2. bow, the river. Tiber being the sting thereof. Vpon this hill was alwaies the seate of the Romane Empire, which from the hill tooke the denomination of a Palace: and henceRosin. antiq. lib 1. c. 4. all stately buildings, which we call Palaces, tooke their name, Palatia. This hill had his first appellation Palatinus Rosin. ib. quasi Balatinus, à balando, from the bellowing of cattell, pasturing there in former times. But in processe of time sixe other hills by severall kings of Rome were added; whereby the city, and the Pomoerium, that is, the territories of the citie were enlarged: and Rome was called vrbs septi-collis .i. the citie vpon seaven hils. Vpon this Palatine hill also stood the Asylum, or [Page] sanctuarie of refuge, which Romulus openedAlex. Gen. dier. l. 3. c. 20. in imitation of Cadmus, who at the building of Thebes was said to haue opened a sanctuarie of refuge, whither whatsoever malefactor could escape, were he bond or free, hee was not to be punished. It was much like vnto a custome of the people in the citie Croton, who flying, vnto the altars of their Gods, obtained the forguienesse of faults not voluntarily committed. Whence these two phrases are expounded alike, Ad te tanquàm ad Asylum, and Ad te tanquàm ad arā confugimus .i. we fly vnto thee as our only refuge.

CHAP. 2.
De monte Capitolino.

THis hill was famous for three names: it was called Capitolium, mons Tarpeïus, and mons Saturni. It was named Saturnes hillRosin. antiq. li. 1. c. 5. from the heathenish God Saturne, who vouchasafed to vndertake the protection of that 1 place. It was named the Tarpeïan hillPlutarch. in Romulo. from Tarpeïa one of the Vestall Nuns, daughter to the chiefe-keeper of the 2 Capitoll (this hill being the castle of defence for the whole towne.) For this Tarpeïa betrayed the Capitoll into the enemies hands, bargaining to haue the golden bracelets vpon her enimies left hands for this her treason. Now the enimes when they were admitted in did cast not their brace lets alone but their bucklers also vpon her, through the weight whereof she was pressed to death: vpon which occasion the whole hill was afterward called the Tarpeïan mount; but more principally a certaine rocke of that hill called Tarpeïa rupes, from whence malefactours were sundry times tumbled head-long. 3 The same hill was likewise called the Capitoll, because when the foundation of a certaine Temple, built in [Page] the honour of Iupiter, was laid a mans head full fresh, and liuely, as if it had bin lately buryed,Dion. Halicar. lib. 4. yea hot bloud issuing out of it, was found there.Lipsius de magnitud. Rom. cap. 5. Arnobius saith, that the name of this man being aliue was Tolus, and hence from Caput and Tolus the whole hill was called Capitolium.

CHAP. 3.
De colle Quirinali.

THis hill being in former time called Agonalis, then began to be called Quirinalis, whē certaine Sabines, called in Latine Curetes, came and inhabited there, (truce being made betweene the Romanes, & the Sabines:) though some woulde therefore haue it named Quirinalis, because there was a temple erected in the honor of Romulus, called also Quirinus. It was called in the time of the Emperours mons Caballus, that is, the horse-hill, taking its denomination from two marble statues of Alexander taming his horse Bucephalus: which statues Constantine the Emperour brought to Rome, and placed thē in the middest of certaine bathes, which he made vpon this hill. There do appeare in this hill three risings, or hillockes, the one being called Salutaris, the other Martialis, & the third Latiaris. All this may be collected out ofAntiq. Rom. lib. 1. cap. 6. Rosinus.

CHAP. 4.
De monte Coelio.

THis hill hath his name from a certaineAlex. Gen. dier. l. 6. c. 11. captaine of Hetruria, which assisted Romulus against the Sabines. On this hil king Tullus Hostilius erected stately edifices, which for a time served as his palace: but afterward they became the chiefe Counsell-house, whither the [Page] Senators assembled thēselues, for the determining of state-matters: & because this Curia did farre exceede all others, therefore authors many times vse this wordAlex. Gen. dier. l. 1. c. 16. Curia simply, without any adjunction to signifie Curiam Hostiliam, as if there were no other. It much resembleth our Privy-coūsel-chamber in respect that none might sit there, but only Senators; whereas in the court-house, which Pompey built (being therefore called Curia Pōpeïa) Rosin. antiq. lib. 7 c. 6. other city-Magistrats were admitted amongst the Senators: and in curiâ Iuliâ .i. the court-house which Iulius made, were examinedRosin. Ibid. forreigne matters, as Embassages: but in curiâ Hostiliâ domesticall matters only were treated of, and that only by the Senators. Munster in sua Cosmog. lib. 2. cap. 9. At this present time this hill is beautified with many Christian Churches, as the Churches of S. Steven, S. Paul, and S. Iohn, our Saviours Hospitall, &c.Alex. Gen. dier. l. 6. c. 11. It was also called Mons Querculanus from the abundance of oakes growing there.

CHAP. 5.
De monte Esquilino.

THis hill was so named quasi Rosin. Antiq l 1. cap. 8. excubinus ab excubijs .i. from the night watching which Romulus did vndertake vpon that, somewhat distrusting the fidelity of the Sabines in the beginning of their league. In this hill there were three hillockes named Cispius, Oppius, and Septimius.

CHAP. 6.
De monto Aventino.

THE Aventine mount tooke his nameAlex. Gen. dier. li. 6. c. 11. from Aventinus a certaine king of Albanum, which was there buryed. Vpon this hill stoode Hercules his altar, and [Page] certaine temples consecrated to Iuno, Diana, Minerva, Lucina, and Murcia .i. Ʋenus: whence the hill hath sometime beene called Diana her hill, & Mons Murcius. Alex. Gen. dier lib 3. c. 5. Here were those Scalae Gemoniae, whither condemned persons were dragged, and so cast headlong into the river Tiber downe a paire of staires. VponPlutarch. in Romulo. this mount Remus would haue built Rome, & therefore it was called Remonius mons. But since it hath beene called mons Rignarius, as it appeareth by Plut. in the same place. It had moreover the name of the holy mount, being called in Latine Mons sacer.

CHAP. 7.
De monte Viminali.

BEcause of the abundance of wicker twigs, which did grow vpon this hill, it was called mons Viminalis, vimen signifying a twigge, or ozier. I am not ignorant that some would haue this hil to be named Viminalis from Iupiter Vimineus, whereas Iupiter himselfe was named Vimineus from this hill, because he had here many altars erected in the honour of him. Both this hill, and Iupiter were called Fagutales from sylva fagea .i. a cops of beech-trees, which did grow therevpon. vid. Rosin. Antiq. lib. 1. cap. 9.

CHAP. 8.
De tribus collibus adiectis.

THreeRosin. Ant. lib. 1. cap. 11. other hils there were, which in processe of time were added vnto the city, which partly because they were not included within the Pomoerium so soone as the other, but chiefly because they were not of such note, therefore Rome retained the name Septi-collit .i. the city vpon 7.1 hils. The first of those hils was called Collis hortulorum .i. the hill of gardens, so tearmed because of the many gardēs [Page] neere adjoining.Barthol. Latomus in verrin. 7•m Cic. Here was the Cireque, or the shew-place of the strūpet Flora, which made the people of Rome heire to those goods which shee had gotten by prostituting her body to young gentlemen, leaving also a certaine summe of mony to procure a celebration of her birth-day: which because of her infamie the people shaming to doe, they feined her to be the goddesse of flowers, and that shee must first be appeased by sports, and plaies performed in the honour of her, before the trees and fruits of the earth would 2 prosper. The second was called Ianiculus from Ianus that two-faced God: who, as writers testifie, was there buried. It did lie beyond the river Tiber, and now hath changed its name, being called from the yellow sands mons aureus, and through negligence of the Printer, Montorius .i. the goldē 3 mountaine. The third was famous for the many divinations, and prophecies vttered vpon it, and thence was it named Vaticanus from Vaticinium, a foretelling.Munster in sua cosmog. lib. 2. cap. 8. It is at this time famous for a library in it, called Bibliotheca Vaticana.

CHAP. 9.
De Foro Romane.

FOrum hath diverse acceptions: sometimes it is taken for a place of negociation, or marchandising, which we call a market-place; and being taken in this sense it hath commonly some adiectiue ioined with it, as Forum boarium, the beast-market, forum piscarium, the fish-market, Olitorium forum, the hearb-market. Other times it is taken for any place, wheresoever the chiefe governour of a province doth cōvocate his people togither, there to giue iudgement according to the course in law: whence a man is said Forum agere, Hubertus in Cic. lib. 3. ep. fam. 6. when he keepeth the Assises, and Forum indicere, when he appointeth the place, where the Assises shalbe kept. Thirdly it is taken for a place, where controversies [Page] in law are iudicially determined, and orations are had vnto the people. And of this sort there wereRosin antiq. lib. 9. c. 7. fix distinct Forums: One called Forum Iulium, because it was 1 built by Iulius Caesar. A secōd was added by Octavius Augustus, 2 called therefore Augusti Forum. The third Forum 3 was founded by Domitian the Emperour: but by reason of his suddaine death Nerva had the finishing thereof. It had the name of Forum Transitorium, the transitorie Forum, because there was transitus .i. a way or passage through it into three severall market places. A 4 fourth was added by the Emperour Traianus, wherein was erected a stately columne or pillar 140 cubites high, having all the noble exploits performed by Traianus engraven in it. Another was called Salustij Forum, because Salust 5 bought it with diverse gardens adioyning, which since haue beene called horti Salustini. The last Forum, which indeed 6 was first built, and in all respects excelled the rest, was called Forum Romanum, and Forum vetus, or by way of excellēcy the Forum, as if there were no other Forum. Where we must vnderstand, that as often as Forum is vsed in this latter sense, namely for a pleading place, it is so vsed figuratiuely, by the figure Synecdoche: for in truth the pleading place, wherein Orations were had, was but one part of the Forum Romanum, namely that Chappell, or great building, which they called Rostra. Henr. Salm in Pancirolli lib. rerum deperdit. cap. de Basil. & taber▪ Round about this Forum Romanum were built certaine trades-mens shoppes, which they tearmed Tabernae; and also other stately buildings called Basilicae Pauli. Here was the Comitium, or hall of iustice; the Rostra, .i. the Orators pulpit; Saturnes sanctuary, or the common treasure house; and Castors temple: of all which in their order.

CHAP. 10.
De Basilicis.

[Page] BAsilicae were vpper buildings of great state and much cost, being supported with Pilae .i. flat. sided pillars; & hauing vnderneath them walkes, much resembling our cloisters, saving that the I [...]tercolumnia, or space betweene the pillars lay open vnto the very grond. That they were vpper buildings may be collected by the custom of many men, which were wont to walke vnder these Basilicall buildings, and therefore were called Subbasilicani by Plautus. The vse of these were principally for theSigon. de iudiciis lib. 1. cap. 28. Iudges to sit in judgement: but in their absence it was lawfull for marchants to deale in their businesses. Those of chiefe note were three, thus named, Pauli, Porcia, and Iulia.

CHAP. 11.
De Comitio.

COmitium Sig. de iud. lib. 1. cap. 7. was a part of the Forum Romanum, being a great large hall of iustice, which for a long time was open at the top having no covering, and for that reason the assemblies were often dissolved in rainy, or vnseasonable weather. In it stood the Tribunal, being a place erected vp on high in forme of our pulpits, but many degrees larger, & in the midst therof the Sella Curulis .i. the Ivory chaire, frō whence the chiefe magistrate administred iustice; other inferior magistrats fitting on bēches on each side, which were called Subsellia, because they were lower thē the Tribunal. Those which sate vpon these benches had power cognoscere, but not pronuntiare; much like to our Iustices at the Assises, which may examine or informe against a malefactor, but not condemne him. Where wee may obserue the difference betweene Comitium, signifying such an edifice, or building, and Comitia, signifying the Roman assemblies: both being so called à coeundo. Sig. de iud lib. 1. cap. 28. In this hal did stand an Altar, vpon which the Iudges laying their hands, [Page] did take their oath to administer iustice without partiality. It was called puteal Libonis.

CHAP. 12
De Rostris.

NEXT to the Comitium stood the Rostra, a goodly faire edifice in manner of the bodie of a Cathedrall Church. In it stood an orators pulpit deckt & beautified with the stemmes of many ships, which they got frō the people of Antium in a memorable battle vpon sea: and Hubert. in Cic. lib. 8. ep. fam. 1. hence from those ship-beakes called in Latine Rostra, hath this place taken his name. It may bee englished the great Oratory, or place of common plea.

CHAP. 13.
De templo Castoris.

ANother part of the Forum was a sanctuarie built in the honour of Castor, and Pollux: theSueton. in Iulio Caesare reason thereof was because they appeared vnto the Romans in the Latine warre in the likenesse of two Angels sent from heaven to lead the Roman army, and to assist the Romans against the Latines: who being vanquished, they suddenly were departed out of the field, none knowing how, & even in the same moment they appeared vpon their sweating horses vnto the Roman citizens in the Forum, who taking them for souldiers demanded what newes they brought home from the campe: they replyed that the Romans were conquerours: which newes being delivered, they suddenly vanished, and were seene no more. Vpon this occasion did A. Posthumius being at that time Dictator, build a Temple in that place of the Forum, where they were seen in honour of them both. Although in the after ages it had the name only of Castors Temple; Whence arose the ieast of M. [Page]Bibulus against his fellow Consul Iulius Caesar, saying that it fared with him, as it did with Pollux; .i. as this Temple which was erected in the honour of both the brethren, caried the name only of Castors Temple; so the great expēces in exhibiting shewes in the time of their Consulshippe though they went deeper on Bibulus his side, yet Caesar caried away all the thankes, and credit. Insomuch that the people being wont to subscribe the names of both Consuls at the end of their deeds, and Charters, for a remembrance of the yeare; that yeare they wrote, Such a thing done not Bibulus, and Caesar, but Iulius and Caesar being Consuls.

CHAP. 14.
De aede Saturni.

SAturnes sanctuariePlutarch. in Publicola. was the common treasure house, wherein the subsidie mony which the commons payd vnto the treasurers called Quaestores, was to bee laid vp: whereof divers men coniecture diversly. Alexander Neop. Alex. Gen. dier. l. 4. c. 15. saith, that Saturne found out the vse of brasen mony: and therefore this Temple might be thought the fittest place for the treasurie. Plutarch thinketh rather that the making of the treasurie in that place did allude to the integrity of the time, wherein Saturne raigned, being the worlds golden age.Alex. Gen. dier. lib. 2. c. 2. But the most receaued opinion is the strēgth of the place, whereby it was the safer from theeues. This temple by reason of the vse it was put vnto, was called aerarium from aes .i. brasse: which name now is common to all treasure houses; for that the first mony vsed by the Romans was of that metall, vntill the yeare of Rome 485 (as Pliny witnesseth lib. 3. cap. 33.)Alex. Gen. dier. l. 4. c. 15. Some are of opinion, that before the vse of brasse they made money of leather: whence Numa Pompilius is said to haue given leather mony in a dole vnto the people. Touching their order observed [Page] in the treasury, wee must vnderstand that their care in providing against suddaine dangers was such, that they laid aside the twentieth part of their receits, which they Alex. Gen. dier. lib. 2. c. 2. called aurum vicesimarium, Incensimarium, and Cimiliarchiū, into an inner chamber, or more sacred roome, named in Latine aerarium sanctius. Servius l. 2. Virg. Georg. Wee may read also of a third treasury called aerarium militare, wherein Augustus had appointed that the twentieth part of certaine legacies should be laid vp to defray charges in extraordinary wars: where it lay so priviledged, that it was a capitall crime to vse any of it, but in extreame, and desperate necessitie. Notwithstanding howsoever it was vsed as a treasure house, Alex. Gen. dier. lib 2. c. 2. yet divers authors testifie that the acts of their senate, the books of Records, together with such bookes, as were for their immeasurable bignes called libri Elephantini, wherein all the names of their Citizens were registred, and also their militarie ensignes, were contained there.Plutarch in suis problemat. vid. Franc. Sylviū in Catilinariam 4. And from those statute books called tabulae publicae, this treasury was also called Tabularium, because they were laid vp there.

CHAP. 15.
De campo scelerato.

CAmpus sceleratus, the field of executiō,Munster. in sua Cosmog. lying withing the city, ioined to the gate Collina. It was the place, where the Vestall Nuns, if they were deflowred, suffered punishment after this manner. TherePlutarch. in Numa. was made a Vault vnder the earth with an hole left opē aboue, whereby one might go downe; and within it there was a little couch with a burning lampe, and a few victuals: whither the defiled Votary was to be brought through the market place in a litter so closed vp with thicke leather, that her mournings might not be heard to the moving of pity. Shee being thus brought to the place of execution, was let downe by a ladder into the hollow caue, and the [Page] hole presently stopped. And the reason why they suffered such a kinde of death, was because they thought it not fit; that shee should be burnt with fire, which kept not the sacred fire with greater sanctity. And it was thought vnlawfull to punish them by laying violent hands on them, because they had in former time served in so holy a function.

CHAP. 16.
De campo Martio.

THeRosin. antiq. lib. 6. c. 11▪ campus Martius, otherwise called Tiberinus, because it was neere the river Tiber was given vnto the Romane people by Caïa Tarratia, a Vestall Virgin: but Tarquinius Superbus the last king of Rome did take it from the people, converting it to his own private vse: in so much that he sowed corne there, which, when he was deposed, the Romanes did cast into the river Tiber, iudging it vnfit that any man should reape any commodity from so holy a ground. In processe of time the sheaues of corn being stopped in a shallow foard of the river, became firme ground, and was called the holy Iland, or Aesculapius his Iland. And presently after the expulsion of Tarquinius, this Campus Martius was restored vnto its former vse. Beside the naturall pleasantnesse of the place it selfe, it was beautified with many ornaments brought out of the Capitol (the Capitoll being too ful) as likewise with divers images of well deserving men. Hither did the younger sort of Romanes come to exercise al matters of chivaldry, namely the horse-race, the foot-race, wrestling, fencing, vaulting, casting the bowle, the sledge, the dart, vsing the sling, the bow, with such like: & vpon this occasion it was dedicated to Mars, and called by Strabo, the Romanes great schoole of defence. In this field were men of best note burned, when they died. Here were the kings, & other magistrates at first created. In thisServ. in Bucol. eclog. 1. field of Mars also was a place at first railed, like a [Page] sheepe-pen, called therfore Ovilia, or septa; but afterwards it was mounted with marble-stone, beautified with stately walkes, and galleries, and also with a tribunall, or seate of iustice, within which precinct the people often times assembled to giue their suffrages toward the election of magistrates. The meanes of ascending vp vnto these Ovilia was not by staires, but by many bridges made for that time; every parish in the assembly of parishes, and every tribe, or ward in the assembly of the tribes, and every hundred in the assembly of cēturies having his bridge: whence this proverbe was occasioned, de ponte deijciendus .i. he is to be barred from giving his voice,Ioan. Saxonius in orat pro S. Roscio. These bridges were not made over any river, but over the dry land: whence men were said to be cast, Non vt periclitarentur de vita, sed ne suffragarentur in Comitijs.

CHAP. 17.
De Circo Maximo.

AMongst other places where the Romanes exhibited their plaies vnto the people, the most remarkeable was the great Circque, or shew-place, called in Latine Circus Maximus. It was a large peece of ground, lying neere that part of the Aventine mount, where Dianaes tē ple stood. It was built by Tarquinius Priscus with diverse galleries round about it, from whence the Senators, & gentlemen of the city did behold the running with great horses at lists, the fire-workes, tumbling, the baiting, and chasing of wilde beasts, &c. In former time all did stand on the ground, being sheltred frō the raine by the helpe of boards vpheld with forkes in manner of house-pentices: and this custome continued vntill the aforesaid Tarquinius erected those galleries, called Fori, making thirty distinctious of them, allotting every ward or company their severall quarters [Page] all the seats being able to containe one hundred fiftie thousand parties.Rosin. antiq. lib. 5. c. 4. Vnder these places were cels, or vaults, where women did prostitute their bodies, and would buy stolne goods, and for this reason Horace calleth it Fallacem circum .i. the deceitfull shew-place. There was at the one end of the circque certaine barriers .i. places barred, or railed in, at which place the horses began the race; and at the other end was the marke, whether the horses ran: it was called in Latin Meta, and the barriers carceres, à coercēdo. Whence wee say à carceribus ad metam .i. from the beginning to the ending.

CHAP. 18.
De Theatro.

THE TheatreIoach. Camerarius in orat. pro L. Flacco. hath his name from the Greeke verbe [...] .i. to behold: because the people flocked thither to behold plaies, and shewes exhibited to them. The custome Servius lib. 2. Virg. Geor. first sprang from sheep-heards, who leading a contemplatiue life, were wont to compose dialogues in meetre, and at their leasure to recite them vnder the trees pressed downe in forme of an arbour; whence this theatrall tearme [...] hath beene derived from [...], a shadow. But afterward learned Poets composed Comedies, and Tragedies, which were publikely acted in the city vpon a stage: and although at the first it was counted infamous to frequent them, yet afterward the Senators themselues, yea the Emperour, and all the chiefe of Rome assembled thither. Alex. Gen. dier. l. 5. c. 16. Neither for a long continuance were there any seats built, but commons and nobles promiscuously one with another all stood on the ground; insomuch that those which stood behind, raised vp places with turfes of earth, which gaue the people occasion to call the place between those turfes, and the scaffold Cavea, .i. a caue, or den: yea sometimes the people that stood there were so called from [Page] the place. Though the Theatre be now taken only for the stage, yet then by it was vnderstood all the whole roome, where these plaies were acted: and it had diverse parts, some proper to the actors, some to the spectators. To the actors belonged first the prosceniū .i. the house, whence the players came, where they apparelled themselues, though sometimes it is taken for the scaffold, or stage it selfe: secondly the pulpitum, that is, the stage, or scaffold vpon which they acted: and thirdly the scena, that is, the Serv. lib. 3. Virg. Georg. partition, which was commonly made of wood not of hangings. Now that they might change their scene according to their pleasure, they made it eitherServius i [...]. Ʋersatilem .i. so that with engines it might vpō the sudden be turned round, and so bring the pictures of the other side into outward appearance: or otherwise ductilem .i. so that by the drawing aside of some wainscot shuttles (which before did hide the inwarde painting) a newe partition might seeme to be put vp. And as I thinke, because those sheepe-heards did act no more at a time, then one of our scenes, hence haue we distinguished our playes into so many parts which wee call scenes. The places which were proper to the spectators were distinguished according to their degree and place: for the remotest benches were for the cō mons, & called popularia; the next for the knights, & gentlemen of Rome, called therefore Equestria; the others, wherein the Senators did sit, were built betweene the Eguestria, and the stage in manner of a triangle, or a wedge sharpe towarde the stage and broad behinde, by reason whereof those seates were sometimes called Cunei, but more commonly Orchestra: De Amphitheat. cap. 14. this may be collected out of Lipsius. There was also another scaffold built quite round, made as it were of two theatres ioined togither; It was called Amphi-theatrum, & differed from the theatrePancirollus lib rerum deperditarum cap. de amphitheat. only as the full moone doth from the halfe, or a compleate rundle from a semi-circle. Vpon this kinde of scaffold, did the [Page] masters of fēce play their prizes. The area, or plot of groūd, wherein these scaffolds did stand, was called cavea, for the reason aboue-mentioned: & it was also called arena, which signifieth sand, or gravell,Lipsius de Amphitheat. cap. 3. because the ground was covered with sand, that the fencers, if any of them by chance fel of the stage, might not hurt themselues. And this gaue occasion of our Latine phrase, In arenam descendere .i. to goe into the field.

CHAP. 19.
De Pistrino.

THere remaineth another place yet to bee spoken of, whereof there is frequent mentiō in Comical authors. It much resembleth our bridewell, or place of correction, being called in Latin pistrinum à pinsendo, from pounding. For before the vse of mils was knowne the Romanes did pound their corne in a greate mortar, calling the place where they pounded it, pistrinū. Wherevpon our hand-mil hath retained the same name to this day: & because of the great paines that men did suffer in pounding, hence grew a custome among them, that when a servant had offended, his master would menace him in this manner, In pistrinum te dedam, I will cast thee into Bride-well.

CHAP. 20.

Moreover for the better vnderstanding of classicall autors, it will not bee impertinent to point at the generall names, by which their religious places were called: and to declare the proper acception of each name. The names being these, Templum, Fanum, Delubrū, Aedes sacra, Pulvinar, Sacrarium, Lucus, Scrobiculum, Ara, Altare, Focus.

De Templo.

This word Templum doth sometime signifie those [Page] Rosin antiq▪ lib. 2. c. 2. space, and regions in the ayre, and earth, which the Augures did quarter out with their crooked staffe at their sooth-saying. It doth seldome signifie the heaven, & most commonly it doth signifie a Church, or Temple: in which sense as often as it is vsed, it is said à Fr. Sylvius in orat. pro Muraen. templando, from beholding; because when we bee in the Church, by lifting vp our hearts by a divine contemplation, wee doe, as it were behold the great maiestie of God.

De Fano.

It is also called Fanum à fando, from speaking: not from the speaking of the Priest; but because the people do there speake vnto God, and God againe to the people.

De Delubro.

Thirdly, a Church was called delubrum Synechdochic [...] because it was the principall part of the Church, namely the place where their Idoll God stood; and it was called delubrum from Deus: Rosin. antiq. li. 2. ca. 2. as we call the place, where the candle is put, candelabrum from candela. As concerning the outward forme of the Churches, some were vncovered, because they counted it an hainous matter to see those Gods confined vnder a roofe, whose doing good consisted in being abroad; Other-some covered, some round, some otherwise: but within they much resembled our great Churches. They had their pronäon, or Church-porch, whereabouts they were wont to haue the image of the beast Sphinx, which was so famous for his obscure riddles: so that by this image was signifyed, that the oracles of the Gods which were treated of within the Church were dark and mystical. They had certaine walkes on each side of the body of the Church, which they called [...]rticus: & in these places it was lawfull for them to marchandise, make bargaines, or conferre of any worldly businesse; as likewise in the basilica, or bodie it selfe. But their quire called Chorus, was counted a more holy place, set apart onely for divine service. The manner of hallowing it, was as followeth. [Page] Rosin. ib. When the place where the Temple should be built, had beene appointed by the Augurs (which appointing, or determining the place they called Effari templa, and sistere Fana) then did the party, which formerly in time of neede vpon condition of helpe from the Gods had vowed a Temple, call togither the Aruspices, which should direct him in what forme the temple should be built: which being knowne certaine ribbands, and fillets were drawne about the area, or plat of ground with flowers, & garlands strowed vnderneath, as it was probable to distinguish the limits of this ground now to bee hallowed. Then certaine souldiers marched in with boughes in their hands, & after followed Vestall Nunnes leading young boyes, & maides in their hands, who sprinkled the place with holy water. After this followed the Praetor, some Pōtifie going before, who after the area had beene purged by leading round about it a sow, a ramme, and a bull, sacrificed them, & their entrals being laid vpon a turfe, the Praetor offered vp praiers vnto the Gods, that they would blesse those holy places, which good mē intended to dedicate vnto them. This being done the Praetor touched certaine ropes, wherewith a great stone being the first of the foundation was tyed: together with that other chiefe Magistrates, Priests, and all sorts of people did helpe to pluck that stone, & let it down into its place, casting in wedges of gold, and silver, which had never beene purified, or tryed in the fire. These ceremonies being ended, the Aruspex pronounced with a loud voice, saying, Nè temeretur opus, saxo, auróue in aliud destinato. .i. let not this worke bee vnhallowed by converting this stone, or gold into any other vse.

De Aede sacrâ.

Fourthly, a Church was called Aedes sacra, an holy house, because of the sacrifices, prayers, and other holy exercises performed therein. Although (as Gellius hath long since observed) every holy house was not a Church. For the [Page] proper note of distinction betweene a Church, and a religious house was this: that a Church beside that it was dedicated vnto some God, it was also hallowed by the Augures, without which hallowing the edifice was not called a Church, but a religious house: of which sort was the Vestall Nunnerie, and the common treasurie, called Aedes Saturni. Wee may adde herevnto this word Pulvinar, Barthol. Latomus in Philippic. 4 [...]. which doth often signifie a church: the reason being taken from a custome amongst the Painims, who were wont in their churches to make certaine beds in the honour of their Gods, and those beds they called Pulvinaria from pulvis, because they were filled with dust or chaffe.

De Sacrario.

SometimesCic. pro Milone. Sacrariū signifieth a temple, though properly it signifieth a Sextry or Vestry, nempeFranc. Sylvius in orat. pro L. Muraen Sacrorum repositorium.

De Lucis.

Neere vnto diverse temples stood certaine groues dedicated to some of the Gods: they were called in Latine Luci à non lucendo, as diverse say, by the figure antiphrasis. But others are of a contrary opinion, giving it that name, because of the exceeding light it had in the night time by reason of the sacrifices there burnt.

De Scrobiculo, Arâ, & Altari.

The places vpon which they sacrificed either in their religious houses, or their groues, were of three sorts, which we in english tearme altars; but the Romans distinguished them by three severall names, Scrobiculus, Ara, and Altare.

De Scrobiculo.

Alex. Gen. dier. l. 5. c. 26. Scrobiculus was a furrow, or pit containing an altar in it, into which they poured downe the bloud of the beast slaine, togither with milke, hony, and wine, when they sacrificed vnto an infernall God.

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De Arâ.

The second kind of altar was called Ara, either ab ardendo, because their sacrifices were burned vpon it: or from their imprecations vsed at that time, which in Greeke they called [...]. It was made foure-square, not very high from the ground, or as some say, close to the ground: and vpon this they sacrificed vnto the terrestriall Gods, laying a turffe of grasse on the altar: and this gaue Ʋirgil occasion to call themVirg. Aen. 12. Aras gramineas .i. grassie altars.

De Altari.

The third sort was called Altare, either because it was exalted, and lifted vp somewhat high from the ground; or because he that sacrificed (by reason the altar was so high) was constrained to lift vp his hands in altum, on high:Serv. in Bucolic. eclog. 5. and vpon this they sacrificed vnto their celestiall Gods only.

De Foco.

Focus is a generall name, signifying any of these altars, so called à fovendo: because as Servius hath observed, that is properly focus, quicquid fovet ignem, sive ara sit, sive quicquid aliud, in quo ignis fovetur.

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Lib. 1. Sect. 2.
The generall divisions of the Romane people.

CHAP. 1.
De populo Romano, & eius primâ divisione.

THus having premised a short treatise concerning the first situatiō of Rome, and the most remarkeable parts thereof, I purpose to proceed to the Inhabitants, which antiquity hath stiled Citizēs of Rome. And Erasmus rather describing a Romane, then defining him, saith, A Romane was graue in his conversation, severe in his iudgement, constant in his purpose: Whence Cicero in his Epistles oftē vseth this phrase, More Romano, for ex animo .i. vnfainedly.Sig. de iur. Rom. l. 1. c. 1. Sigonius rendring the definition of a Romane citizen, averreth that no man is lege Optimâ .i. in full and compleate manner a citizen of Rome, but he which hath his habitation there, which is incorporated into a tribe, and which is made capeable of city prefermēts. By the first particle those which they terme municipes; by the second those which they cal Inquilini; & by the third those which they call Libertini are in a manner disfranchised. But whereas Sigonius saith that they must haue their habitation at Rome, he would not be so vnderstood, as if a Romane citizen might not remoue his habitation [Page] to any other country: For saith he a Romane citizen may be as long absent from Rome, and the fields belonging to Rome, as he please, so that hee suffer himselfe to be sessed and taxed in common with others toward the subsidy paiments, & denieth to be incorporate into another city. For T. Pomponius was a true citizen of Rome, though he dwelt at Athens. The Romane citizens being by these priviledges as by a more proper & peculiar character distinguished from other people; and being planted in the city according to the appointment of Romulus their king, it seemed good vnto him to divide them intoSigon. de jure Rom. lib. 1. cap. 3. tribes, not taking the note of distinstion onely from the divers places they then inhabited, as we read that Servius the sixth king of Rome did, making therefore fowre tribes [...], locall, namely Suburanam, Palatinam, Collinam, and Esquilinam (which number of locall tribes in processe of time encreased vnto the number of 35:) but dividing them according to the severall natiōs, which at the first were donati civitate .i. made free denizens of Rome: (and they being in number thre. 1. the Sabines, which were named Tatienses, from their king Tatius: 2. the Albanes, called Rhamnenses from Romulus. 3. other nations promiscuously flocking out of other countries to the Romane Asylum placed in a groue called in latin Lucus, which gaue Romulus occasion to name thē Luceres) he made in all three tribes [...] or nationall. After that Romulus had thus devided the whole body of the Romanes into three tribes, he then subdivided each tribe into tenne lesser numbers, which he called curiae, or parishes: & then followed fiue other divisions in respect of their different degrees, and callings: of which in their severall order.

CHAP. 2.
De primâ divisione Romanorum in Senatores, sive Patres, Patricios, sive Patronos, & Plebeï, sivè Clientes.

[Page] THe first division of the Romans in respect of their degree, and place was this. The elder, wealthier, & gravest sort of Romanes, were called sometimes Patricij, either because of their age, and gravity; or because they had many childrē (for great priviledges were granted vnto fathers of three children:) & sometimes Patroni, because they were as patrons, and fathers in helping and assisting the causes of the common people seeking to them. The younger, poorer, and simpler sort were called, as they had relation to the Patricij, Plebeij .i. the commons; as they had relation to their Patrons, they were named Clientes .i. Clients. Betweene whomLazius de Repub. Rom. lib. 12. cap. 3. there was such a mutuall, and reciprocal entercourse of loue, and duty, that as their Patrons were ready to protect their clients, so the clients were bound with all faithfulnesse to cleaue vnto their Patrons: and that not only to credit them with their attendance in publike assemblies, but to disburse out of their owne purses towards the bestowing of their daughters, the paying of publike mulcts, the giving of largesses in suing for offices, &c. Neither was it lawfull for either of thē to enforme, to depose, to giue their voices, or to side with adversaries one against another without the guilt of treasō: for which crime of treason they were dijs inferis devoti .i. cursed to hell, and the law gaue liberty for any man to kil them. Out of the Patricij did Romulus elect 100. counsellers to assist him in determining matters concerning the cōmō-weale: to these did Romulus after adde another 100. and Tarquinius Priscus, as diverse authors testifie, made them a cōpleat 300. which they called Patres, or Senatores, & their sonnes Patricij. But in processe of time the commons also were eligible into a Senators place. Some say that Tarquinius Priscus added the second hundred to the Senate out of the commons,Martin. Ph [...] leticus in Cic. lib 1 Ep. fam. 1. who were called Senatores minorū gentium .i. Senators of the lower house. Brutus added the last 100. & made them 300: at what time they began to be called Patres[Page]conscripti. And this accordeth with Ioannes Rosa in his Epitome of the Romane history, in his chapter de Regibus Romanis: where he saith, that Tarquinius Priscus did double the number of the Senators: And likewiseAlex. Gen. dier. l. 2. c. 29. Alexander Neop. saith, that Brutus made them a compleat 300.

CHAP. 3.
De secundâ divisione Romanorum in tres ordines, Senatorium, Equestrem, Popularem, seu Plebeium.

AFter that through Tarquinius Superbus his tyranny, the very name of a king became odious to the Romanes, not only the present king was exiled, but the authority of a king ever afterward detested, and perpetually abrogated: so that the office, which was before monarchicall then was divided betweene two, called Cōsuls; neither were they admitted for any longer space then one yeere. At which time of change, the Romanes were divided into three orders, or ranges, 1. into Senators, of whom before. 2. into Gentlemen, called of the Romanes ordo Equestris: by which we doe not vnderstand those 300. Celeres .i. Pensioners, called sometimes Equites, for that was a place of service, this a title and token of gentility. Who although they were inferiour to the chiefe Senate, yet they were of greate esteeme among the Romanes: and although they might not weare the same robe as the Senators did, namely the laticlavium, or garment bestudded with flowrishings of purple silke in manner of broad naile heads;Rosin. Ant. lib. 1 cap. 17. yet they might weare the angusti-clavium, a garmēt differing from the former only in this, because the purple studdes, wherewith it was purfled was narrower, and not so large as the lati-clavium. They also at the time of their election received from the Censors an horse, called by them equus publicus, because of the yeerely allowance out of the common treasury to keepe him: it was also called equus militaris, because of their service in warre (Lipsius de magnitud. Rom. l. 1. dial. 5. they having their horses [Page] kept as well in peace, as warre.) They received also a gold-ring, Alexan Genial. dier. li 2. cap. 29. whereby they were distinguished from the Populacie: for it was not lawfull for any to weare a gold-ring vnder the degree of a Senator, or a Gentleman. The estimation and value of a Senators estateSuet. in August. vntill Augustus his time was octingenta sestertia, that is, 6000l.Plin. lib. 33. cap. 2. Of a gentlemans estate it was quadringenta sestertia, that is, of our English mony 3000l. 3. The third order, or degree in the Romane common-wealth was Populus, the populacy, or commons, which should exercise trading, manure the ground, looke vnto the cattell, &c. Where by the way we must vnderstād that the baser sort of the Romanes, which did wander vp & downe to and fro, not setling themselues to any vocation, were not contained within this division: for vnto them there was no name vouchsafed: but according to the Poet they were sine nomine turba; or as Livy saith, ignota capita, men of no account, and therefore of no name.

CHAP. 4.
De tertiâ divisione in Nobiles, Novos, & Ignobiles.

THis division was taken from the right or priviledge of having images; for they were accounted Noblemen, which had the images of their predecessors: Those which had their owne images only were called Novi .i. late-coyned nobles or vpstarts. Salust vseth this word often in the disgrace of Tully calling him Novum & reptitium civem, one that lately crept into the city. The thirde sort called ignobiles were those that had no images, neither of their predecessors, nor of thēselues. Before we proceede, we must vnderstand, that it was not lawful for who would to haue his owne image, if he so desired; for none might be thus priviledged, but those alone to whō the right of riding in a Curule chaire belonged; & to these the right of images was permitted, as wel for the credit of their house, as to incite others to the like atchieuements, when they would consider the diverse ceremonies vsed vnto these images in [Page] an honourable remembrance of those whom they did represent. Whence it followeth, that Ius nobilitatis is nothing else but Ius imaginis; insomuch that this wordSig [...] de iur. Rom. l. 2 c. 20▪ Imago doth oftentimes signifie Nobilitie: and the right of having Images with them, was the same as the right of having arms with vs.Alexan. Genial. dier. lib. 5. cap. 24. The superstitious cōceit which the Romans had of these images was such, that vpon festivall daies & all occasions of ioy and mirth, those images should bee beautified and adorned with garlands and flowers; vpon occasions of griefe and mourning they would take from them all their ornaments, making them in a manner to partake of their mourning. Some they kept in their private closets,Barthol. Latomus in Verrin. 7. others they exposed to the publike view of passengers, placing them in the gates of their houses together with the swords, targets, helmets, ship-beakes, and such other spoiles as formerly they had taken from their enimies; which it was not lawfull for any though they bought the house so much as to deface.

CHAP. 5.
De quarta divisione Romanorum in Optimates, & Populares.

THis fourth division of the Romans hath beene occasioned through the faction & siding of the Citizens. Those (according to the description ofCic pro Sextio. Tully) were Optimates .i. the best citizens, who desired their actions might be liked, and approved by the better sort. Those Populares. .i. popular, who through a desire of vaine-glory, would not so much consider, what was most right, as what should be most pleasing vnto the populacy. So that here by this word Popular wee vnderstand not the commons, as formerly we did,Geor. Merula in orat. pro. Ligario. but be he Senator, Gentleman, or inferiour, if he doe more desire that which shall bee applauded by the maior part, then that which shal be approved by the better part, him the Romanes called Popular .i. such a one, that preferreth the popular applause before the right.

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CHAP. 6.
De quintâ, & vltimâ divisione Romanorum, in Libertos, Libertinos, & Ingenuos: item de Manumissione.

THe difference of freedomes in the citie of Rome hath given occasion of this division: For he, or she that had served as an apprentice, and afterward was manumized, was named Libertus, or Liberta. The sonne whose father, & mother were once apprentices, was called Libertinus: but that sonne whose father and mother were both libertines, or both free-borne,Iustin. inst. lib 1. tit. de Ingenuis. vid. Franc. Sylviū in Catilinariam. 4. yea whose mother onely was free, was called Ingenuus .i. free-borne. But after Appius Coecus his Censor-ship, then began Liberti, & Libertini to signifie one, and the same degree of freedome: so that Liberti, and Libertini were taken for those which served for their freedome, and Ingenui were taken for those which were free-borne, whether their parents were Liberti, or Libertini. Here is occasion given vs to consider the maner of their freedome, and such ceremonies which belonged therevnto. The freedome of the city of Rome was three waies obtained: First by birth, both or at least one of the parents being free, and such were called cives originarij. Secondly by gift, or cooptation, when the freedome was bestowed vpon any stranger, or nation, and they were termed civitate donati: and so wee read that Caesar did take in whole nations into the freedome. Lastly by manumission, which was thus; when as the servant was presented by his master before the Consull, or Praetor, the master laying his hand vpon the servants head, vsed this forme of words, Hunc liberum esse volo, and with that turning his servant round, and giving him a cuffe on the eare, hee did emittere servum è manu: The Praetor then laying a certaine rodde or wand calledP. Ramus i [...] orat pro C. Ra [...]. Ʋindicta vpon the servants head, replyed in this manner, Dico eum liberum esse more Quiritum. Thē the L [...]ctor or Seriant taking the wand did therewith strike the servant on the head, and with his hand bee [Page] stroke him on the face, and gaue him a push in the backe, and after this hee was registred for a free-man. Moreover the servant hauing his head shaven purposely at that time receaued a cap, as a token of libertie: whence ad pileum vocare aliquem, is, to set one at libertie, as likewise vindictâ liberare. Here we may also consider the two severall kinds of servants: the first were called servi, and they could never attaine to any freedome without the consent of their Master:Dion Halicarn. lib 4. for those that were thus servi were commonly captiues, either bestowed as a reward vpon this, or that souldier, or bought sub coronâ, or of other citizens, which had gotten them one of those two former waies. The second were called properlySigon. de iudiciis l. 1. cap. 31. nexi & addicti, because though they were free, yet by reason of their debt, addicebantur, that is, they were delivered vp vnto their creditors by the Praetor to worke out the debt, so that after the payment thereof either by mony or worke, they did recover their libertie: whence they were saidMichael Toxita in orat. pro P. Quintio. nomina sua liberare, whē they paid the debt: as on the contrary they were said, nomina facere, when they came in debt. And their creditors when they sued for the payment were said nomina exigere: Nomen in these and the like places signifying as much as Debitum a debt,Fr. Silvius in epist. vir orum illust. l. 1. epist. 6. because the creditors did vse to write downe their debters names.

2

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Lib. 2. Sect. 1.
The generall divisions of the Romane Gods.

CHAP. 1.
De dijs.

THough Satan had much blinded the hearts of men in old time, yet was not the darknesse of their vnderstanding so great, but that they did easily perceiue, and therefore willingly acknowledge, that there was some supreame governour, some first mover, as Aristot. saith: some first original of all goodnesse, as Plato teacheth. So that if any made this question, whether there was a God, or no? he should be vrged to confesse the truth of that rather argumento bacillino, quàm Aristotelico, rather with a good cudgell, then with any long dispute. But as they were most certaine, that there was a God, so were they againe very blinde in discerning the true God: and hence hath bin invented such a tedious catalogue of Gods, that as Varro averreth, their number hath exceeded thirty thousand, and proved almost numberlesse. Wherefore I shall omit to make any distinct treatise of the Gods, intending obiter, and by the way to speake of them, which either had priests, or sacrifices instituted for them. Only I purpose to shew what is vnderstood by those generall distinctions of the Gods, which diverse authors haue vsed. Tully lib. 2. de legibus reduceth all vnto three heads, [Page] Gods celestial, which Varro calleth select, and others haue styled Gods maiorum gentium .i. of the greater nations, because their power was greater then the others.Alex. Genial. dier. lib. 6. cap. 6. Alexander Neapolitanus saith, that twelue of these were the Penates, which Aeneas did take forth with him at the destruction of Troy. Ovid calleth them Deos nobiles, noble Gods: others call thē Deos consentes, quasi consentientes, because Iupiter would do nothing without the consent of all. Ennius hath delivered them in this distich,

Iuno, Vesta, Minerva, Ceres, Diana, Venus, Mars,

Mercurius, Iovis, Neptunus, Vulcanus, Apollo.

The second sort of Gods were called Semidei .i. Demigods: Servius. in lib. Georgic. also Indigites .i. Gods adopted, or canonized; men deified. For as the select Gods had possession of heaven by their owne right; so these Gods canonized had it no otherwise then by right of donation, being therefore translated into heaven, because they lived as Gods vpō earth: but because their merit was inferior, and could not parallel the deserts of the Gods select, therefore were they called Gods of inferior note.In Aeneid. lib. 5. Servius would haue these called Divi; observing this difference betweene Dij & Divi, that Dij should signifie those which had bin Gods perpetually, but Divi should signifie men made Gods, though commonly they are vsed one for another. Whence they called all their Emperours Divi, because for their deserts they thought them worthy to be Gods. Now theRosin antiq. l. 3. c. 18. manner how a man became deified was this: The party to be canonized being dead, a pile of wood was made in forme of a great tent, or tabernacle, with three other lesser tabernacles one vpon top of another, the lower-most having in it dry combustible matter, but in the out-side adorned richly with gold, Ivory, & painted tables: vpon the top of which was placed an eagle made of some light matter, as paper, or thin wood. Hither the dead corps was to be caryed with great solemnities; the Senate, the gentlemen, and al the chiefe magistrats going before, with hymnes and songs, and al kinde of honor, [Page] which was to be performed even to the Gods themselues. He being in this manner brought, and laide within the second tabernacle, the fire was kindled, by reason of the smoake and vapor whereof the Eagle was carryed vp into the aire, and, as the Romanes thought, it did transport the soule of the dead body into heaven, in so much that ever after he was canonized amongst the Gods, and worshipped as a God. And because they were thus turned into Gods, some haue called them Deos animales, Serv. in Ae [...] lib. 3. quoniam animae humanae verterentur in Deos. The third sort were those morall vertues, by which as by a ladder men clymed into heaven: and therefore did men stile them Gods, because by their meanes men became deified. Late writers perceiving that all the number of the Gods could not bee reduced vnto these three heads, haue added a fourth sort, which they Rosin. antiq. lib. 2. c. 19. call Semones, quasi semi-homines, because ancient writers, as Rosinus hath obserued, called men hemones, not homines. In which point I shall willingly condescend vnto him; but I shall leaue to the iudgement of others, to determin how iustly he hath restrained the Gods minorum gentium of the lesser nations, only vnto this last classis: whereas my opinion is, that the demigods, the morall vertues which haue beene stiled Gods, and these Semones, may all of them bee called Gods of the lesser nations, standing in opposition with the Gods select, which are called Gods of the greater nations. But that we may vnderstand what is meant by these Semones, we must remember, that by them are signified vnto vs not those Gods, which doe appertaine to man himselfe, but to the necessaries of mans living, his victuals, his cloathing, and the like: not to the being of a man, but to the well being of him, of which sort is Salus, Fortuna, with others. We read likewise of other names given in cō mon to diverse Gods, not as opposite members of a division, but as notes of distinction drawne from the diversity of helpe, which they severally did afford vnto man. In this espect some were called dij Patrij, or tutelares, such as had [Page] vndertaken the protection of any citie, or towne: which opinion hath sometimes beene entertained by our English-men, and thence haue risen these, and the like speeches S. George for England, S. Denys for France, S. Patricke for Ireland, &c. And the Romans being fully perswaded of the truth thereof, whensoever they went about to beseege any towne, by certaine enchantments, or spels they would first call out these Tutelar Gods; because they deemed it a matter impossible to captivate the citie, as long as these Gods were within; or at least they thought it a crime vnexpiable to take the Gods as prisoners. And least other nations might vse the same meanes in beseeging Rome, therfore, Sylvius in epist. virotū illuctrium. as diverse authors haue thought, the true name of the Romane citie was never knowne, least thereby the name of their Tutelar God might bee descryed. Others namely the Tyrians haue tied fast their God Hercules with a golden chaine, thereby the more to secure themselues of his residence among them.Alex. Gen. dier. l. 6. c. 4. Others haue beene called Dij communes, namely Mars, Bellona, and Victoria, because in time of war they are not bound to either side: but sometimes they helpe one side, and sometimes the other. And as they supposed some Gods to haue the protection of whole countries, so did they beleeue that others had the charge of particular men; and that so soone as any man was borne two spirits did presently accōpany him invisibly, the one tearmed the bonus Genius, or good angell, perswading him to that which should be good: the other called the malus Genius, or evill angell, tempting him to that which should be hurtfull: insomuch that they thought all the actions of man to be guided by these angels called Genij, so that if any misfortune befell a man, they would say that the matter was enterprised Dijs iratis .i. our Genius being displeased with vs. Virgil calleth these bad Angels Manes, as it appeareth by that, Quis (que) suos patimur manes, .i. Every man hath his evil Angell .i. some misfortune. They are therefore called Genij, because they haue tuition of vs [Page] so soone, as we are Geniti .i. borne, although every place had also his genius, as hereafter shall appeare. This opinion was the more confirmed by a vision which appeared vnto Plutarch. in Bruto. Brutus in Asia neere vnto the time of his death: for Brutus, watching vpon a certaine night in his pavillion, the candle being nere spent, saw a fierce tragical person appeare vnto him, somewhat bigger then a man, and hee presently being of an vndaunted spirit, demanded whether he were a God, or a man? To whom the vision answered, Brutus, I am thy evill Genius, which haunteth thee, thou shalt see me at the citie Philippi againe. And the same vision appeared vnto him, as he was fighting at Philippi: which was the last fight that ever he fought. And because that Iuno was wont to be invocated in time of child-birth, therefore many haue thought that every man hath not his two angels, but one angell, and Iuno to obserue him. This Genius, as often as he is vnderstood for the good or evil angel which hath charge of a mans body, is painted in forme of a man, as we read he did appeare to Brutus; though some time he is painted as a young boy, sometime as an old decrepite man,Rosin. Antiq l. 2. ca. 14▪ but alwaies with a crowne of plane-tree, which therefore was called genialis arbor. In the right hand he held a platter over an altar garnished with flowers. In the left he held a scourge hanging downe. The sacrifice that was performed vnto the Genius was wine, and flowers: wherevpon (as if by wine, and fragrant odors were signified all kind of pleasures) certaine proverbial speeches haue beene occasioned: as when we see a man giuen much to his pleasure, and daintie feeding, we say hee doth indulgere Genio .i. pamper or make much of his Genius: on the contrary he that is abstemious, & debarreth himselfe of his pleasure is said defraudare Genium, to defraud his Genius: & Gentalis also signifieth iocund, or pleasant.Vid. Erasm. Adag. It was also the custome after meals to haue a cuppe passe round the table, much like vnto our poculum charitatis, and it was called poculum bon [...] genij. But the reason, why they would not sacrifice [Page] vnto their Genius by killing some host, as they did to their other Gods, was, because they iudged it vnfit to depriue any creature of his life vpon that day, when they first begā their life. (For this sacrifice was performed yearly by every one vpon his birth day.) The other Genius, which is supposed to haue chiefe power over high waies, and places, being therefore called Genius loci, was pictured in the forme of a snake, in which forme Virgil faineth him to haue appeared to Aeneas, when hee performed the funerall rites due vnto his father Anchises, Aenead. lib. 5.

—Adytis cum lubricus anguis ab imis

Septem ingens gyros, septena volumina traxit.

And Persius,

Pinge duos angues, pueri sacer est locus, extra

Meiite, .i. duos genios.

Another sort of Gods was supposed to haue the keeping of mens houses:Franc. Sylvius in orat. pro Sext. Roscio Amer. which they painted in forme of a dogge: because those to whom the charge of houses is committed ought to resemble dogges, that is, to seeme fierce, and angry towards strangers, but gentle, and kind to those of the houshold. They were named Lares, and because of the charge, they had over mens houses, this word Lar is sundry times taken for an house it selfe, as parvo sub Lare, Horat: in a little cottage, Homo incerti Laris .i. a man that hath no house to dwell in. Sen. in Med. And the custome in sacrificing vnto them, was to eate vp all whatsoever was left of the offering. For they thought it an heynous matter to send any part of that sacrifice abroad either among their friends, or the poore: and therevpon when we see a glutton leaue nothing in the platter, not somuch as the curtesymorsell, we say, Lari sacrificat .i. he sacrificeth to his houshold God.

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Lib. 2. Sect. 2.
Of the Romane Priests with some particular Gods.

FAunus the ancientest of all the kings in Italie was the first, that brought any forme of religion into Italy. He consecrated groues, gaue names vnto cities, erected temples, ordeined sacrifices, &c. from whō the churches, as some say, were named Fana. But after Faunus, Euander comming out of Arcadia, and afterward being king of Latium, he instituted, and appointed many other ceremonies, which before were vnknowne to the Latins. After him Aeneas comming from Troy, taught many of the Troian ceremonies: by whose examples Romulus, and Numa were incited to adde many other kindes of holy rites, and at length reduced their whole religion into a certaine order. My intent therefore is, to speake first of the God, in whose honor these holy rites were performed, and then to descend vnto the priests, which were to performe them, shewing withall the ceremonies they vsed in the performance.

CHAP. 1.
De Pane Lycaeo, sive Iuno: de Lupercis, & Lupercalibus.

PAn was supposed to bee the God of the shep-heards, and isServius in Virg. Ecl. 2. thus described: he is pictured naked, having hornes in likenesse of the sunne-beams, a long beard, his face red like the cleere aire, in his breast the starre Nebris, the neather part of his body rough, his feete like a [Page] goate: in one hand he holdeth a pipe, in the other a shepheards crooke, and alwaies is imagined to laugh.Fenestella d [...]cerd. c. 1. He was worshipped first in Arcadia, and there called the God Pan Lycaeus: but afterward he was had in great esteeme at Rome Fenest. [...]. and in the honor of him certaine sacrifices, & games called Lupercalia were solemnized by the Romanes. Pomponius L [...]tus de Sacerdot. cap de Luper. There he tooke the name Inuus, or as some say Iunus. Concerning the time, whē these sacrifices were to be performed; it was vpon thePlutarch. in Romulo. vnfortunate daies of the month February, which hath his name à februando, from purging: whence the feast or game is as a purification; though the Latin word signifieth as much as a feast of wolues, in a memoriall that Romulus, and Remus were nursed by a shee-woulfe. This seemeth very probable, because the Priests, which were called Luperci began their course at the foote of the mount Palatine, called by the Romanes Lupercal .i. the place, where the woulfe nursedPlutarch. in Romulo. Romulus. The ceremonies were these: The hoast (being two goates) was to be slaine; and two noble mens sonnes were to bee present, whose foreheads being blouded with the kniues of them that had slaine the goats, by & by were to be dryed vp with wooll dipped in milke. Then the young boyes must laugh immediately after their foreheads were dry. That done they cut the goats skins, & made thongs of them, which they tooke in their hands, & ran with them all about the city stark-naked (saving they had a cloath before their privities) and so they strook with those thongs all they met in the way. The young wiues did never shun them at all, but were well contented, to be strikē with them; beleeving it helped them to be with childe, and also to be easily delivered. Moreover it is to be noted, that a dogge was sacrificed at this time, because there is a naturall antipathy, or contrariety of nature, betweene the dogge and the woulfe: whereby Romulus thought to testifie his gratefulnesse vnto the woulfe for her paines in nourishing him. The reason why the priests ranne vp & downe the streetes naked, was, because that Pan the God of this [Page] sacrifice was painted naked. As the feast, so also the place from whence they came, and likewise the Priests had their names à Lupâ which signifieth a woulfe. Some authors haue observed three sorts of the Luperci, some called Fabiani, some Quinctiliani, from Fabius, and Quinctilius their governours the third sort, whichRosin. antiq. lib. 3. c. 2. Rosinus affirmeth to haue beene added in the honor of Iulius Caesar, I cannot finde according to his quotation in Suetonius. But thus much Suetonius saith inSueton. in August. another place, namely that Augustus Caesar when he was chiefe Pontifie did restore these games againe being formerly abolished.

CHAP. 2.
De Cerere, & sacris eius.

CEres otherwise called Eleusina was honoured first among the Grecians, afterward among the Romanes, as a goddesse, which first taught men the skill of husbandry.

Prima Ceres ferro mortales vertere terram

Instituit. Ʋirg. Georg.

Whence shee is sometimes metonymic [...] taken for corne, as Credenda Ceres aruis. Ovid. It is seed time. Shee is called Ceres, Cic lib. 3. de nat deor. quasi Geres, à gerendis frugibus, from bearing fruit: because, as some say, by Ceres is vnderstood sometime the earth it selfe: whence also [...] being the greeke name of Ceres is said quasi [...] .i. the earth, which is the common mother of vs all.Rosin. antiq. li. 2. c. 11. Shee is painted in the habit of a matron wearing a garland of corne; sometime sorrowful with a lampe in her hand, as if shee were seeking out her daughter Proserpina caryed by Pluto into hell; & sometime with a handfull of corne or poppy-seed. Vpon the fift of the Kalends of Aprill the Romanes were wont to performe sacrifices vnto her, which they called sacra Graeca .i. the Graecian sacrifices as likewise they tearmed the chiefe womā which did performe them, sacerdotem Graecam .i. the Greek ministresse, because they were trāslated into Rome out of Greece [Page] by Evander. The time of their solemnities was at the dawning of the day, and the Priests, which were only women ran vp and downe with lamps in their hands in manner of mad women; into whose temple none that was guilty of any fault committed might enter: whose mysteries were to be buryed in silence, and by no meanes to bee blabbed abroad. And as it is to be supposed, that was the reason why all wine was forbade in this sacrifice. So that hencePlautus in Aulularia. we say Cereri sacrificat, he sacrifices to Ceres, when he maketh a feast without wine.

CHAP. 3.
De Potitijs, & Pinarijs, Herculis sacerdotibus.

HErcules had an altar erected in the memorial of him neere vnto Tiber by Evander, vpon occasion of the heards-mens complaint brought vnto Evander of him, whom they accused to haue slaine their chiefe heardsman Cacus, the history beingServ. Aen. lib. 8. thus. Hercules after his cō quest over Geryon brought away with him certaine goodly Oxen, and as well to rest himselfe, as to pasture his oxen, he laid him downe to sleepe in a greene field neere the river Tiber. In the meane while a certaine heards-man called Cacus happened to come that way, & perceiving Hercules to be in a sound sleepe, he stole away two of his oxen, which he hid in a caue, or hollow rocke, pulling them in by the taile back ward, thinking that Hercules whē he should looke his oxen, and see the print of the footsteps, would easily beleeue, that his oxen had rather gone out from that rocke, then into it, as indeed he did for a time beleeue: but afterward by the bellowing of the oxen within, answering their fellowes without, Hercules entred the rocke, & finding the theefe Cacus there with his oxen, he killed him, by reason of which murder he was brought before Evander, and after a while knowne to be the Hercules, of whō the prophetesse Carmenta had foretold vnto Evander, that he should be a God. Wherevpon Evander presently saluted [Page] him by the name of Hercules the sonne of Iupiter, and in honour of him caused an altar to bee built there in that place: vpon which yeerely was to be offered vp an heifer which had never borne yoke; and that this sacrifice might be had in the more esteeme, two noble men well stroken in yeares, and of good repute among the Romanes, one of them being called Potitius, and the other Pinarius were appointed as the Priests to performe these sacrifices; from whom ever after Hercules his Priests were called Potitij, and Pinarij. Where by the way we must obserue, that Pinarius was not the sur-name of this old noble-man, but a name added vnto him, intimating his, and his successours punishment for not comming soone enough according to the time appointed by Hercules. For, asServ. [...] lib. 8. diverse writers testify, the entrals of the hoast were almost eaten vp by the family of Potitius, before Pinarius, & his familie came; and in punishment of their negligence Hercules enioyned the Pinarij never after to eate of the entrals, giving thē this name Pinarij at that time, from the greeke word [...], signifying hunger.

CHAP. 4.
De Fratribus arualibus.

THis college or company of Roman Priests may be englished the Arvall fraternity: the number of them being twelue, eleven of them naturall brothers, sons to Acca Laurentia Romulus his foster mother;Fenest. de Sacerd. c. 3. for which respect Romulus yeelded himselfe hir adopted sonne, instituting this order in the honour of the Gods, that they being therwith appeased might the willinger cause the earth to fructifie, and added himselfe to the former eleven as the twelfth priest or brother to helpe in the performance of this publike sacrifice. Moreover beside the performance of this sacrifice, these twelue were appointed arbitrators, or iudges to decide controversies concerning land-markes, and bounds of the field, frō whence they tooke their name [Page] fratres Arvales. Their sacerdotal ornaments was a garland of wheat bound vp with a white riband, this being, asPlin lib. 17 cap 2. Pliny writeth, the first crowne, or garland amongst the Romanes.

CHAP. 5.
De sexaginta Curionibus.

AFter that Romulus had divided the whole body of the Romanes into three tribes, or wards, and subdivided those three wardes into thirtie parishes, called Curiae, he ordained out of each Curia two parish Priests or Curates called Curiones, or Flamines curiales; which were publikely to offer vp sacrifice in the behalfe of the people. Neither was every one equally capable of this honour of Priesthood;Dion Halicar. lib. 2. but he was to be at the least fiftie yeares olde, of a life vnspotted, and a body vnmaimed. And over all these there was one which had chiefe rule, & therefore was called Curio Maximus, the Bishop, or chiefe Prelate: and these sacrifices were called Curionia. Dion. Halicar. lib. 2. Their sacrifice being ended each parish had a [...]east in a common hall built for that purpose: it was called Domus Curialis, & somtimes Curia.

CHAP. 6.
De Augur bus, & eorum Collegio.

AMongst other kinds of Fore-tellers we read of three principally vsed in former time, namely, Aruspices, Auspices, and Augures: all which wee english Sooth-sayers, though the Latine words do import a main difference worth our observation. The Aruspices did divine, or fore-tell things to come by beholding the entrals of beasts sacrificed: whence they had their name,Bened. Pe [...]er lib 2 de Magia. ab aras inspiciendo, from beholding the altars. The Auspices did foretell things by beholding the flight of birdes, so that Auspices are said quasi avispices, ab aves aspiciēdo. The Augures did divine from hearing the chatting or the crowing [Page] of the birds: whence they are called Augures ab avium garritu, from the chirping and chatting of birds. These two last kinds of sooth saying haue occasioned these, & the like phrases, bonis avibus, or auspiciis, with good lucke, malis avibus .i. with ill lucke: and because they would beginne Fr. Sylvius in orat. pro Cluentio. nothing inauspicatò .i. without the counsell of the Augures, hence Auspicarirem hath beene translated, to beginne a matter. The colledge of the Augures at Rome was first appointed byPomp. Laetus cap. de Augur. Romulus himselfe being very expert in soothsaying, there beeing at the first but three, namely one of each tribe: (The word Augur being not taken in his owne proper sense, and significatiō aboue-mentioned; but generally by the trope Synecdoche, signifying all kindes, and sort of divining whatsoever, whether it were by observing the entrals of beasts, the flying, screeching, & chatting of birds, or thundring, or lightning in the heaven, or marking the rebounding of crummes cast vnto birds, which kind of divining was called Tripudium.) Rosin. A [...]. lib. 3. cap. 8. Servius Tullius the sixt Romane king, when he divided Rome into foure locall tribes .i. Regions, or quarters, then did he adde the fourth Augur, all of them being elected out of the Patricij, or the nobilitie of Rome.Rosin. ib. In processe of time Quintus, and Cneius Ogulinus being chosen Tribuniplebis .i. protectors of the commons, obtained that fiue other Augures should be chosē out of the commonaltie, and added vnto the former foure: at which time the Senate decreed that the college of Augures should never exceed the number of nine.Rosin ib. Notwithstanding Sylla being Dictator added six more, insomuch that their college encreased to the nū ber of fifteene: the eldest of which was calledAlex. Gen. dier. l. 5. c. 19. Magister Collegij, the master, or Rector of the colledge. The Augures excelled other Priests inAlex. ib. this respect, because if any of them had beene convinced of any heynous crime, hee did net loose his office, neither was any other subrogated into his roome, although the Romane custome was, that if any other priest had committed any notorious offence hee [Page] should presently be discharged of his office, and another chosen in his place.Pomp. Laetus. c. de Aug. The manner how the Augur did obserue was this: He sate vpon a castle, or a towre, the ayre being cleere, and faire without clouds, or raine, holding a crooked staffe, (called in Latine Lituus) in his hand, where he [...]itting in his sooth saying robe, called Laena, & in Greek [...], à calefaciendo, from heating, because it was well lined within, being garded in the outside with purple and crimson gards) hauing his head covered, and his face turned toward the east, so that his backe was west-ward, his right side southward, & his left northward. Being thus placed he quartred out with his crooked staffe the heaven into certaine templa .i. Regions, or places, observing in what region the birds did appeare: Then killing his sacrifice, and offering vp certaine prayers called Effata, he proceeded in manner as followeth. But first suppose we for our better vnderstanding hereof, that now the Augurs were to resolue the people, whether the Gods would assent that Numa Pompilius should be King. The Augur having done as aboue is shewne, his Lituus being in his left hand, he reached forth his right hand putting it vpō Numa Pompilius his head, vsing this forme of words, Iupiter pater, si fas sit Numā Pompiliū, cuius ego caput teneo, regem Romae esse, vti nobis signa certa, ac clara sint inter eos fines, quos feci .i. If it be lawful for this Numa Pōpilius, whose head I hold to bee king of Rome, shew some manifest tokens within these regions, or quarters, which I haue described. Then if he observed lucky signes, and tokens, he presently pronoū ced Numa Pompilius king of Rome: if he perceived vnlucky tokens, then did he obnunciare, or gaine say, and shew that the matter proposed was not pleasing to the Gods. Where by the way we must note, that nothing was confirmed by the Augurs without the appearance of two lucky tokens one after another; neither was any thing gainesaid by the appearance of one only evill token. The distinctions of the soothsayings haue beene taken, some from the event, and [Page] thence are they called prospera, lucky, or adversa, vnlucky. Some from the manner of their appearing,Serv. Aenei. lib. 6. and that was either wished being called therefore impetrativa; or vnwished called oblativa. Some from the diversity of things which offered themselues in time of divining, and so there were fiue distinct sorts: The first was by the observing of lightning, and thunder from heaven; the second from the flying, and chatting of birds; the third from bread cast to pullets, or little chicken; the fourth from foure footed beasts, which either should crosse the way, or appeare in some vnaccustomed place; the fift from those casualties, whereby the Gods doe make their anger appeare vnto vs. Of this sort are those voices, which we heare we know not whence; (asVox subitò audita est, ne (que) erat cognoscere promptū Vnde, sed audita est. Ovid. Met. lib. 3. [...]ab. 1. Cadmus heard whē he overcame the serpent) the falling of salt towards vs at the table, the shedding of wine vpon our cloathes. From which casualties, & the like the Augurs would pronounce either good fortune, or bad to ensue: And these tokens were therefore called Dira, because thereby Dei ira nobis innotescit, the Gods anger is made knowne vnto vs. Now the things that in divining time appeared on the left-hand were commonly tokens of good lucke, because the givers right hand in bestowing a benefit is opposite to the receivers left hand. WhenceServ. Aene [...]. lib. 2. sinistrū though in humane affaires signifieth as much as vnluckie, yet in those holy rites of divining sinistrum is taken in a cōtrary sense, as Avis sinistra, good lucke, Intonuit laevum, it hath thundred luckily, we shall haue good successe: and it is said a sinendo, because the Gods thereby doe suffer vs to proceede in our purposed proiects. And therefore Tully saith, lib. 1. de divinatione, A sinistrâ cornice ratum, & firmum augurium fieri: and in the law of the 12. tables it is said, Ave sinistrâ populi magister esto.

CHAP. 7.
De Tripudijs, & pullarijs.

[Page] THis kinde of coniecting is called auspicium coactum, Cic. de divina. lib. 1. quoniam necesse erat offâ cadere frustum ex pulli ore, cùm pascitur, The word Tripudiumn is vsed by a syncopation for terripudium, which is as much as terripavium .i. a dancing or rebounding of any thing vpon the ground: for pauere is the same with ferire. Hubert. in lib. 6. Ep fam. Cic. Others say Tripudium quasi tritio pedum It is here taken for a divining, or coniecting of good or evill to come by the rebounding of crums cast to chickē in a coop or pen: whence the Augur from these pullets or chicken was called Pullarius. Alex. Gen. dier. l. 1. c. 29. The manner in observing was this. As often as by this kinde of conjecting they desired to know the Gods pleasure concerning the enterprizing of any matter, early in the morning those that were skilfull in this kinde of observation, repaired vnto the place where the chickē were kept, where silence being commanded, and the coop opened they cast crumms of bread to the chicken. Now if the chicken either came slowly, or not at all vnto the bread, or if they walked vp and downe by it not touching it, then was it a token that the matter to be enterprized was displeasing vnto the gods: but if contrarily the chicken did hastily leape out of the coop & eat so greedily of the crums, that some should fall out of their mouthes againe, then the pullarius, that is, the, Augur pronoūced that it was wel pleasing to the Gods, and encouraged the enterprizing of what they had intended cheerefully: and this was called Tripudium solistimum. This kinde of coniecting may seeme to haue its originall from the Lycians, Alex. ib. who as often as they desired to foreknow the successe of any enterprise, they went vnto a foū taine dedicated to Apollo, into which they cast in baites for the fish: now if the fishes did eate them, it did betide good lucke; if otherwise they neglected the baites, then it did be token some, evill event.

CHAP. 8.
De Aruspicibus, Aruspicinâ, & Extispicio.

[Page] THis kinde of sooth saiers as they were called Aruspices ab aras aspiciendo, from beholding the hoast vpon the altar; so were they called Extispices, ab exta aspiciēdo, from beholding the bowels, or entrals of the beast, called in Latine Extra. In this kinde of sooth saying the Aruspex observed in manner as followeth.Senec O [...]d. Act. 2. seen. 2. first whether the beast to bee sacrificed came vnto the altar willingly, without plucking, and halling; whether he dyed without much struggling, or lowd bellowing; at one blow, or many; whether any vnlucky obiect were seene, or heard by thē, whiles they were sacrificing. Againe after the beast was slaine, then would they obserue, whether the bowels were of an vnnatural color, whether they were not vlcerous, exsiccate, or impostumated: moreover they would divide the bowels into two parts, the one they would call partem familiarem, from whence they would fore-tell what should befall thēselues, & their friends; the other they would call partem hostilem, whēce they gathered predictions touching their enemies. Hence Manto inOedip. Act. 2. scen. 2. Seneca describing the entrals of his killed sacrifice saith, Hostile valido robore insurgit latus, meaning by hostile latus, partem hostilem. Afterward when the sacrifice was, to be burned, they considered, whether the flame of the fire was smoaky, whether the smoake rolled, and tumbled in the aire, whether it were of any continuance or no: for all these were vnfortunate tokens, as the contrary did betoken a good and fortunate issue to their designements. These last which observed the fire & smoak were called by a more peculiar name Capnomantes smoakaugurers, from the greek words [...], signifying smoake, and [...] .i. vates, or a soothsayer. The first instructions that the Romanes received was from the Hetrusci, who (as they themselues say) received their knowledge from a little boy, which they named Tages, the history being thus. Cie. de divinat. Indigenae dixē re Tagem, qui primus Hetruscam edocuit gētem, casus ape [...]ire futuros. Ovid Met. l. vlt. When the Hetrtisci were plowing their lands, vpō a suddaine vp started this Tages out of one of the furrows vsing diverse speeches vnto the plow-men: but they being much [Page] affrighted at this sudden, and strange vision, began with a lowd crie to lift vp their voices; vpon occasion wherof many other people flocked thither, where hee gaue many good instructions concerning this kinde of footh saying, which were presently recorded in bookes, and practised afterward by the Hetrusci.

CHAP. 9.
De Flaminibus.

THe mitre or head-ornament which these Priests did weare, was called in old timeRosin. antiq. lib. 3. c. 15 Flama, whence the Priests tooke their name Flamines. TheRex Anius, rex idem hominum Phoebi (que) sa cerdos, Virgil. Aeneid. lib. 3. custome amongst the Grecians, as likewise afterwards among the Romanes was, that the kings should as well performe ceremonies, & holy rites of religion, as civill businesse▪ But Numa Pompilius perecauing that forraine warres did often times occasion the kings absence, insomuch that those religious ceremonies which he himselse personally should performe were of necessitie sometimes neglected; herevpō he ordained out of the Patricij three priests to performe that divine service vnto Iupiter, Mars, and Romulus, which hee himselfe otherwise ought to haue performed, calling the first Flamen Dialis, the other Flamen Martialis, & the last Flamen Quirinalis, from Romulus, which was often called Quirinus. In processe of time twelue others chosen from the commons were added vnto these, but with this note of distinctiō, that the three first were had in greater esteem. & were called Flamines maiores, high priests; the other of lesse note called Flamines minores, inferior priests. The chiefe of al was the Flamē Dialis Iupiters high priest, & wheras every one did weare a certain b̄onet in forme of a mitre, which sometimes was called Pileum, sometime by the figure, synecdoche Apex, (wheras Apex doth properly signifie only the top of the bonnet)Alex. Gen. dier. l. 6. c. 12. none might weare Albo-galerum, .i. a white mitre, but only Iupiters priest, and that was to be made of a white sheep skin, after the sheep had been sacrificed. [Page] Whatsoever malefactor could escape vnto this Priest, he should not be punished that day. None was eligible into this office, but he that was maried: neither was it lawfull for him to mary twice, but if his wise died, Flaminio abibat .i. hee resigned his sacerdotall office. To him was permitted a rich robe of state, & a curule-chaire: none might fetch fire out of his house, vnlesse it were to perform some sacrifice therewith.Servius Aen. lib. 1. None might barbe or pole him, but a free-man: and that with a brasen scissers. Many other ceremonies there were which concerned this Flamen, as likewise time added many other Flamines, namelyFenest de sacerd. cap. 5. every God one, yea sometime those threescore parish-priests, which formerly were called Curiones, were called Flamines Curiales; and diverse Emperours after their death had also their Flamines. Alex. Gen. dier. l. 6. c. 12. Moreover we must note that those priests wiues were called Flaminicae; Their ministers (for they were wont, whē they went to sacrifice to take a boy or a maide with thē) Flaminij, or Flamineae: And the Chiefe-flamens. dwelling house was called aedes Flaminea, or Flaminia. But as it seemeth probable Numa Pompilius, and so the other kings succeeding him did still reserue their right & authority in holy matters so farre, that they would instruct other inferior priests, yea & personally performe some special sacrifices thēselues: where vpō after that the kings authority was abrogated amongst thē, thē that these sacrifices might be continued, they chose a certaine Priest, which they preferred before the Flamen Dialis, but iudged him inferiour to the Pontifex maximus, or Arch-Pontifie, and him they called, Rex sacrificulus, and Rex sacrorum, the King priest. To him once every yeare the Vestall Nunnes repaired,Serv. Aeneid. 10. and vsed this forme of words, Vigilasne Rex? Vigila. King art thou awake? awake. For vnto him it did belong to bid holy-daies, and to provide al things nccessarie for publike sacrifices. He was to instruct those that sought vnto him, the causes of the holy daies, and to tell them what was lawfull or vnlawfull every month, and vpon the fifth of the Ies dof [Page] Ianuarie he sacrificed a Ramme to Ianus. He was likewise wont to offer vp a sacrifice in the comitium or great hal of iustice, which being finished, he ranne as fast as hee could out of the market place without delay. His wife was called Rigina sacrorum, the Queene-priestesse, and was wont vpon the Kalends of every month to sacrifice a porker or a lambe in her palace in the honour of Iuno.

CHAP. 16.
De Marte, sive Mavorte, & Salijs Palatinis Marti dicatis.

MArs otherwise called Mavors by the figure Epenthesis, we say Induperator for Imperator, was reputed the God of warre, & so Metonymic [...]s is vsed for warre; as vario Marte pugnatum est, the battell was doubtful; proprio Marte, by ones owne strength, & labor. He was the sonne of Iuno onely without company of her husband: for when Iuno was greatly displeased with her selfe, that Iupiter by striking his head without company of a woman did bring forth the goddesse Minerva, shee by the coūsel of the goddesse Flora touched a certain? flowre in the field of Olenius, by vertue whereof shee immediatly conceaued the God Mars. This God by reason of his dominion in warre, the Romans painted fiery, sometimes in his chariot, sometimes on horse-backe, with a iauelin in one hand, and a scourge in the other. In old coines there was sometimes the picture of a cocke ioyned with him, to shew the vigilancy, and carefulnesse that souldiers are to vse. He was calledRosin. antiq. lib. [...]. c. 10▪ Gradivus à gradiendo, from marching in battell against his enimies. He had a temple without the citie, whence he was called Extramuraneus. Rosin. Ibid. Neere vnto this temple without the gate Capena did lie a stone of great note, which vpon great drouths the people would bring into the citie, and presently rayne would follow, wherevpon it was called the Raine-stone. Lapis manalis à manando, Numa Pompilius in the honour of Mars surnamed Gradivus [Page] ordained 12 dauncing priests called Salij à Plutarch. in Numa. saliendo from dauncing, which number afterward we finde to haue beene doubled by Tullus Hostilius in the warre against Fidena a towne of the Sabines. The former 12 being called Salij Palatini, from the Palatine mount, where they did beginne their mauriske; the others Collini from the hill where their chappell stood;Dion. Halicarn. lib. 2. and sometimes Quirinales, & sometimes Agonales: so that the Whole college contained 24 priests.Plutarch. in Numa. The occasion of their first institution was this: vpon a certaine time in the raigne of Numa, the plague or some other contagious sicknesse was very hot among the Romans, insomuch that no sacrifice, or holy offering could remoue it: at that time a certaine brasen target, or scutc [...]ion called in Latine aenea pelta, or ancile, bigg at both ends, but cut like an halfe moone on each side fell from heauē into Numa his hāds, with a certain voice promising al health vnto Rome so long as that brasē target could be kept safe. Wherevpō Mamurius a cūningwork-man by the appointment of Numa made eleaven other ancilia so like the first, that neither could be known from the other: (to the iatēt that if any should be so wicked minded as to steale it, hee might faile of his purpose by mistaking one for another.) These twelue Priests had the custody and keeping of them cōmitted to their charge, & in the month of March everie yeere they apparelled themselues with a party coloured coat, called tunica versicolor, girt cloase to their body, with a belt, or sword-girdle, and a breast-plate of harnesse called aneum tegmen vpon that, & a robe of estate called trabea clasped about them vpmost of all. Vpō their heads they did weare apices .i. capsDion. Halicar. lib. 2. much like vnto the Persian bonnets called in greek [...] or [...]. They did somwhat resemble our head-peeces in warre made close vnto the head, with a crest of cloath Vpon the top, whence some haue called them galeas. They being thus apparelled daunced about the Forum, or market-place, & the Capitol with short swords by their sides, a iavelin in the right hand, and [Page] their ancile in the other; vsing certaine songs either of the Gods, and those they called Ianualij, Iunonij, and Minervij; or of men, and those they called axamenta, because in those songs they did axare .i. nominate and call vpon the names of some well deserving men: as Mamurius which made those eleaven scutchions, was often called vpon in those songs. Vpon these their festivall daies they had excesse of cheere, whenceHorat. lib. 1 Ode 37. Horace hath vsed saliares dapes, to signifie dainty fare.

CHAP. 11.
De Foecialibus, & Patre-patrato.

THese Foeciales were officers at armes, or Heralds, to denounce war, or proclaime peace, appointed therevnto at firstPomp. Laetus de sacerd. by Numa Pompilius. Dion. Halicar. lib. 2. The chiefe part of their office was to disswade the Romans from molesting any confederate nation with vniust warre: & if any confederate nation did offer iniury vnto the Romane people, thē did these Foeciales go as Embassadours vnto them perswading, and exhorting them to yeeld the Romans their right: but if they continued thirty daies obstinate refusing to yeeld vnto that, which should be iust and right, then did they presently denounce warre against them, casting forth a dart in token thereof: which denunciation.wasServ. Aenci. lib. 10. called clarigatio à clarâ voce, quâ vtebatur Foecialis. Others are of opinion that whensoever warre was denounced, this Herald at armes shouldVid. Erasm. adag. turne loose a ramme vnto their enemies borders; signifying thereby that their fields shoulde shortly become pasture for the Romanes: from which custome wee say of one that challengeth another into the field, Arietē emisit. Againe if the Imperator, or Lord-general had done ought against his oath, these Foeciales by their sacrifice did avert the wrath of the Gods from him. The chiefest of them was called Pater-patratus, a perfect father: for he only could be Pater-patratus, which had both children of his owne, and his father also aliue. They were called [Page] Foeciales à foedere faciendo, from making a league or peace betweene nations. This league which we in Latin do cal foedus, the Romanes in old timePighius Septim. lib. 1. did cal Fidus, as Ennins and Pighius witnesse: whence these Foeciales were tearmed also Fidei Flamines.

CHAP. 12.
De Duumviris, Decemviris, & Quindecimviris sacris faciundis: itèm de Sibyllis.

THis priesthood had his first institution from Tarquinius Superbus, whose office was as well to expound, as to keepe the oracles of those ten prophetesses so famous through out the world, called Sibyllae. Concerning whō Munster in sua cosmog. lib. 2. Munster hath these words: In times past there came a strange woman to Tarquinius the king offering 9. books full of the Sibylline oracles to be fold: But Tarquinius thinking the bookes to deere, refused to buy them. The womā departing burned three of these bookes, and came the second time vnto Tarquinius, demaunding as much for those sixe bookes, as formerly shee had done for the 9. Tarquinius then began to deride her, whereat the woman departed, and burned three more, returning againe vnto Tarquinius, and asking as much for the three left, as shee asked at first for all nine. Then began Tarquinius more seriously to bethinke himselfe thereof, and sent for his Augurs asking counsell and advise of them. And they vnderstoode by certaine signes observed, that the king had refused some speciall goodnesse sent from the Gods: and for the books that remained they advised that the woman shoulde haue what shee asked: As soone as the womā had delivered her books shee presently vanished, and was never seene againe, onlie warning them to keepe the bookes as safe as possibly they could. For the safe keeping of these, Tarquinius chose two of the noble men, or patricij, calling them Duumviri, appointing them as wel by study to expound, as with care to keepe those oracles. In processe of time the people obtained, [Page] that tenne should be appointed to this office,Fenestel. de sacerd. c. 13. fiue of them being chosen out of the commons, & fiue out of the nobles: and then were they called the Decem-viri. Afterward by L. Sylla, as it is thought fiue more were added, so that they were then called the Quindecim-viri: nay the number was encreased by Sylla vnto forty,Serv. Aenei. lib. 6. as Servius thinketh, but stil called by the name of Quindecim-viri. Of these women that had the spirit of prophecie ten were very famous: the first was called Persica, the second Libyca, the third Delphica, the fourth Cumaea, the fifth Erythraea, the sixt Samia, the seaventh Cumana, the eighth Hellespontia, the ninth Phrygia, the tenth Tiburtina. They a [...] prophecied of the incarnation of Christ. The place where these bookes were kept was within the Capitol vnder ground in a chest of stone, where they remained safe vntill the burning of the Capitoll, at which time they also were burned. Notwithstāding many of the prophecies haue bin known, partly by tradition, and partly being takē out of other copies in other countries. One of the prophecies concerning our Saviour Christ was vttered by Sibylla Delphica in manner as followeth:Munster. in sua Cosmog. lib. 2. Nascetur propheta abs (que) matris coitu ex vtero eius, that is, There shalbe a prophet borne without any copulation of the mother, even out of her wombe. It was spoken at Delphos. All their prophecies, were of that certainety, that when we would averre any thing to be vndoubtedly true,Credite me vobis folium recitare Sibyllae. we vse to say it is Sibyllae folium, as true as Sibyllaes oracles. The Cumaea Sibylla did write her oracles at the mouth, or entraunce of her caue in leaues of trees, which the fiercenesse of the winde did often times so scatter, that they could hardly be brought in order againe: insomuch that when we would shew the great difficulty of bringing things it order, we may vseEpist. lib. 1. epist. 1. Politian his words, Laboriosius est, quàm Sibylla folia colligere, it is easier to gather together Sibyllaes leaues. This name Sibylla is not a proper nam [...], but an appellatiue common to all women endowed with the spirit of prophecie, taking their denomination [Page] frō Serv. Aen [...]i. lib. 6. [...] which is in the Aeolick dialect the same that [...] .i. God, and [...] .i. counsell, because they did open and declare the counsell & determination of God vnto the people. It appertained also ynto these Quindecimviri aboue-mentioned to see, that sacrifice and divine service, that supplications, and processions, expiations, and all ceremoniall rites were duly performed.

CHAP. 13.
De Bonâ deâ, & sacris eius.

THis Goddesse, which is so famous by the name of Bona dea, is the globe of the earth, which is therefore [...]earmed Bona dea, the good goddesse, because we reape so many good things from the earth. She is called also Ops the helping goddesse ab ope, from helpe, because by her helpe we liue. Shee is called Fatua, and Fauna .i. the goddesse of speech, because young children doe never speake vntill they are able to goe, and so haue touched the earth. The Grecians called her [...], the femal goddesse, because that no male might bee admitted to her sacrifices; [...]ay the very pictures of men were at that time to be covered. The inner roome, where her sacrifices were, was called [...], the place for womens assemblies. Cic. orat. de Arusp. respō sis. Those that were chiefe in these sacrifices were the Vestall Nunnes. This good goddesse was supposed to bee the wife of Faunus, and vpon a time to haue beene taken drunke with wine by him, for which fault Faunus is said to haue beaten her to death with roddes of mirtle tree. But afterward being sory for that he had done, in amends hee made her a goddesse: and as it were ever after detesting the mirtle-tree, he allowing all other hearbs, and flowers to be vsed in these sacrifices, for bad the mirtle-tree. Some say she was so chast, that shee never was seene by any man but her husband, and in respect of his chastitie the mirtle-tree is forbid, because it was consecrated to Ʋenus. But whereas in this sacrifice they vsed wine, they called it not by the [Page] name of wine, but milke or hony:Alex. Gen. dier. l. 6. c. 8. whence they called the vessell wherein the wine was put, amphoram mellariam .i. the hony vessell. This sacrifice became very famous by reasō of Clodius, who being in loue with Pompeia, Iulius Caesars wife came vnto these sacrifices in womans apparell, & was found out by Aurelia, Iulius Caesars mother. This Clodius became so infamous for this, and other his adulterous prancks, that hee occasioned a common proverbe amongst the Romans, Clodius accusat moechos, answerable to which our English saying is, One theefe accuseth another.

CHAP. 14.
De Cybelle, & sacerdotibus eius.

THis goddesse Cybele, or rather Cybelle was in her infancie exposed vnto wilde beasts vpon the hill Cybellus, where shee being nourished by the wilde beasts afterward became a woman of admirable beauty, & being found by a shepheards wife was brought vp by her as her own child, and called Cybelle from the hill Cybellus. Shee excelled in all naturall gifts, and was the first that vsed a taber, & pipe, and cymbals among the greekes. Moreover shee tenderly loved children, and therefore was called magna ma [...]er: shee was also called mater deorum, the mother of the Gods:

Ipsa deûm fertur genetrix Berecynthia. Virg.

Shee was called Rhea à [...], to flow, because shee doth flow and abound with all kinde of goodnesse. Shee was also named Pessinuntia frō the city Pessinus a Mart-towne in Phrygia, where shee had a temple. Moreover shee was called Berecynthia from the hill Berecynthus in Phrygia, where shee was worshipped. Her priests were calledPomp. Lae [...]us de sacerd. Galli, and their chiefe governour Archi-gallus: they took their name from a certaine river in Phrygia called Gallus: of which whosoever dranke, he became so mad, that he would presently geld himselfe: (as in truth all her Priests were inioyned to geld themselues with a fish shell.) The originall of which custome is rendred thus: Cybelle loved a [Page] young man of Phrygia called Atys: and him she appointed [...]hiefe overseer for her sacrifice vpon condition that hee would keepe himselfe chast perpetually: But he not long after deflowred a nymphe, for which fact Cybelle bere [...]t him of his wits and vnderstanding, so that hee in his madnesse did geld himselfe, and would haue killed himselfe also, Cybelêius Atys Exuit hac hominem trunco (que) induruit illo. Ov. Me [...]. had not the Gods in their commiseration towardes him turned him into a pine-tree. In remembrance of him, ever after her Priests were gelded. Every yeare the Praetors did sacrifice vnto this goddesse. But the performance of the holy and religious tites at that time did belong vnto a Phrygian man, and Phrygian woman chosen for that purpose: which according to the manner of their country being apparelled with a party coloured garment called in Latine Synthesis, or amictus variegatus, and carying the picture of their goddesse about with them in the streetes, they stroke their breasts with their handes, keeping tune with the tabers, pipes, and cymbals, which other people following plaied vpon: and they were called Corybantes from one Corybantus, which was one of her first attēdants. And herevpon we call the cymbals aera corybantia. In this manner dancing about the streets they begged mony of the people whom they met: and hence were they named Cybelle her collectors, or her circulatores .i. iuglers. Some calleth them [...], from [...] which in this place signifieth Cybelle, called the great mother, and [...] a begger or gathere [...] of almes.Rosin. antiq. li. 3. c. 27. Others haue called them Mitriaci: But by what name soever they were called the place was so infamous by reason of their drunkennesse, and vncivilitie vsed at these times, that when they would point out a notorious naughtie fellow, they would call him c [...]rculatorem Cybelleium. Cybelle her iuggler. Neither was it lawfull for any free borne to vndertake that office.

CHAP. 15.
De Collegio Pontificum, & Pontifice Maximo.

[Page] THis word Pontifex is commonly translated a Bishop or Prelate, being called Pontifices in Latine, as also Pō tifies in English from one part of their office, which was to haue the oversight of a great woodden bridge called in Latine Pont sublicius, being so great, that carts and waines might passe over it; having no arches to vphold it, but only great piles, and posts of wood:Plutarch. in Numa. and that which is most remarkable in it, was that it was [...]oined together only, with wooden pinnes, without any iron at all. Others are of opinion that they were tearmed Pontifices quasi potifices from potis, and facio, of which opinion Lucane seemeth to bee, according to that, Pontifices sacri quibus est commissa potestas. Concerning theFenest de sacerd. number of them only foure were appointed by Numa, all which then were to bee chosē out of the Patricii: afterward foure more were added out of the commons. These were called Pontifices maiores, or chiefe Pontifies, to distinguish them from seaven other, which afterward Sylla added, andRosin. antiq. lib. 3. c. 22. called them Pontifices minores, inferiour Pontifies. The whole company of them was called the college of Pontifies. This college is priviledged from all allegiance, being not bound to render an account of their doings either to the Senate, or Commonaltie. They were to determine all questions concerning religion, as well betweene their priests, as betweene private men. They had authoritie to punish any inferiour Priest, if he either detracted or added vnto those religious rites, which were prescribed him. They had their great Pō tifie, whom they called Pontificem maximum. These Pontifies were wont to exceed in their diet, insomuch that when the Romanes would shew the greatnesse of a feast, they would say it was Pontificia coena, .i. according to our english phrase a feast for an Abbot. Coena adijcialis is taken for the same.

CHAP. 16.
De epulonibus.

[Page] THe Pontifies in old time appointed three men, whom theyLazius de Repub. Rom. lib. 3. cap. called Triumvi [...]os Epulonum (from Epulū a feast) to haue the oversight of the feasts made at sacrifices; afterward by reason of two twice added, they were called first Quinqueviri, and at length Septemviri Epulonum.

CHAP. 17.
De Titijs.

ANother sort of religious men there were which lived in the subvrbs of the city & practised sooth saying; They were called Titij Panciroll [...] lib rerum deperdi arum cap. de mole Hadriani. from the name of the birds which they observed, which in latine were called Titiae.

CHAP. 18.
De Virginibus Vestalibus.

NEre vnto Castors temple stood the religious house, or Nūnery dedicated to the goddesse Vesta: where at the first were fowre, after 6. Virgins, or votaries elected, whose office was chiefly to keepe the sacred fire: the extinction whereof proved ominous, and did portende some evill event shortly to happen: And therefore for their negligence herein, as for all other small faults, they being had into a darke corner, stripped naked; and a curtaine drawne halfe way over them, the chiefe Pontifie scourged them: neither was it lawful to kindle the fire once put out, with any other fire, but from the sun beams; for which purpose they had certaine instruments namedPlutarch. in Numa. [...] which were formed in the māner of a pyramis, but hollow; so that the beames being collected within the circumference, & meeting in the vertex did easily kindle any combustible matter put vnto it; but chiefly if the matter was of blacke colour: because, as philosophy teacheth, a darke colour doth cōgregate, or collect the beames, wheras whitenesse doth disperse them. A second part of their office was to worke reconciliation betweene parties offended, as appeareth [Page] bySuet in Iulio. Suetonius: where wee may read that by their intercession Sylla was reconciled to Caesar. They were chosen into this place betweene the sixth, and the eleaventh yeare of their age: and they, were to remaine in this Nunnery 30. yeares space, 10. yeares to learne their ceremonies and mysteries, 10. yeares to exercise them, & 10. yeares to instruct others: within which space if they had suffered their bodies to be defiled, they were to vndergo that feare full punishmentVid. s [...]p. p. 11. afore mentioned. But these 30. yeares being expired, marriage was lawfull for them, so that they laid aside their scepters, their fillets, and other their sacerdotall ornaments. Notwithstanding those which did marry in the end dyed fearefull deaths: wherevpon they chose rather to abstaine commonly. The Romanes had them in great honor, so that they never walked abroad, but with an yron scepter in their hands, and whatsoever malefactor met thē (if the Nun would take her oath it was by chāce) he escaped punishment. They were named Vestals frō their goddesse Vesta, which word (asMunst. in sua co [...]og. lib. 2. c▪ 9. Munster writeth) is derived from the Hebrew radix signifying fire. The eldest was called Maxima Vestalis virgo .i. the Lady prioresse, or chiefe governesse.

CHAP. 19.
De veterum sacrificiis & ritu sacrificandi.

WHatsoever was burnt or offered vp vnto the Gods vpon an altar it had the name of a sacrifice: and sometimes it was called victima, quod vincta ad aras stabat, because the beast to bee sacrificed stood bound vnto the altar. Sometimes Hostia, from an obsolete verbe Hostio, which is to strike: because certaine vnder officers called in Latine Popae (standing by the altars, all their vpper part naked, and a lawrell garland vpon their head) did Hostiare victimam .i. strike downe and kill the sacrifice. Others are of opinion, that this name Hostia is taken from hostis, an enimy: according to that of Ovid. Hostibus à domitis hostia [Page]nomen habet: because either before warre to procure the Gods favour, or after warre in token of thankfulnesse, they did hostiam ferire .i. offer vp the sacrifice. The second difference of sacrifices haue beene occasioned in respect of the time, and so they haue beene called Praecidaneae, or succidaneae, quasi praecedaneae & succedaneae. Those sacrifices which were offered vp the day before any solemne sacrifice, were called Praecidaneae hostiae, fore-sacrifices, as wee english praecursorem, a forerunner: which fore-sacrifices if by any token they found vnlucky, then would they offer vp a second sacrifice which they tearmed hostiam succidaneam: And because these second sacrifices were to be offered only in steed of the other, when they were vnlucky or faulty; hence hath Plautus vsed this speech Meum tergum stultitiae tuae subdes succidaneū? Must I be whipped for thy fault? The manner of sacrificing was as followeth. Some certaine daies before any sacrifice was to be performed, the priest was wont to wash his whole body,Vid. Eras [...]. Adag. especially his hands & feet, which if he had not washed, the sacrifice was accounted polluted: and alluding vnto this custome we say a man doth Acoedere ad rem illotis manibus, or illotis pedibus, as often as he enterpriseth any businesse without due reverence or preparation therevnto.

[...]

[...]. Hesiod. [...]

Moreover the priest was to abstaine from his mariage bed, as likewise from diverse kinds of meats, and at the time of his going to sacrifices, either himselfe, or some inferiour S [...]xton going before him, with a rod or wand in his hand (called commentaculum) Plutarch. Numa. vsed this forme of words vnto the people: Hoc age, attend this you are about: which custome seemeth to haue had its originall from the Grecians. For before the time of sacrifice the Grecian Priest vsed almost the like speech vnto his people. As [...] .i. who is here? the people answered [...] .i. many men, and good. After this preparation, then did the Priest laying his [Page] hand vpō the altar, rehearse certaine praiersServ. Ae [...]e [...]. lib. 1. vnto the God Ianus and the Goddesse Vesta: because the Romanes were perswaded, that without their intercession they might not haue accesse vnto the other Gods. His prayers being ended then did hee layP [...]ncirol li. re [...]um deper d [...]t. c de sale Ammoniaco. vpon the beasts head a little corne together with a cake made of meale and salt, called in Latine Mola. Textor in sua officina. Sparg [...] [...] colla taurorum molâ Sen Oedip. Act. 2. [...]c. 2 Mola erat far tostum, sale aspersum. From this ceremonie the act of sacrificing hath been tearmed Immolatio. After this the soothsayer dranke wine out of an earthen or wooddē chalice called in Latine Simpulum or simpuuium: It was in fashion much like our eywers, whence we powre water into the bason. This chalice afterward was caried about to all the people that they also might libare .i. lightly tast thereofPancitol. li. [...]erum deper dit cap de Ammoniaco [...]ale. which rite hath been called Libatio. Now every one hauing tasted thereof, the rest of the wine with frankincense mixt in it was to be powred vpon the beasts head, Media inter cornua [...]undit. Virg. Aeneid. betweene the hornes, one crying out with a lowd voice, Macta est hostia .i. Magis aucta, more encreased & made more pleasing vnto the Gods; as Virgil saith, Macte novâ virtute puer .i. O good child which encreasest in vertue. And hence even from this tearme, wee may cōiect, that the word Macto, which signifyeth to kill, & sometimes to sacrifice, hath had its originall, because they did immediatly after that voice, mactare hostiam, that is, slay the sacrifice, and that was done in thisRosin. antiq. lib. 3. c. 33. manner. First the Priest did pluck off some of the bests haires between the hornes, & cast them into the fire, calling them his prima libamina .i. his first offrings: Then did he turning his face toward the East, draw a long crooked knife vpon the beasts back, cō manding his vnder officers, which I called Popae (others Cultrarij, from their knife; Victimarij, from the hoast; and Agones, because they standing ready to giue the stroak, often vsed this word Agon'? for Agóne .i. must I to my work?) to kill the beast. The other people standing by, some did with vessels saue the bloud, others did flea or skinne the beast; others washed it. Anone some soothsayer or Priest [Page] did obserue the intrals, turning and winding them with a knife which was called Secespita, à secando: for hee might not touch them with his hand, they conce [...]ting that if the sacrifice had proved polluted, his hand would then haue perished. Now after the soothsayer or priest had sufficiently turned the intrals, and found no [...]ll token therein, then did those Popae, or Church-butchers, cut off from every bowell some portion, which after they had rolled in barly meale, they sent it in baskets to the priest, and the priest taking it vp into a broad charger or platter called discus, or lanx, laid it vpon the altar and burne it, &Ioach. Camerar. pro Flacco. this was properly tearmed litare, or Reddere .i. to satisfie by sacrifice, or to pay the sacrifice, which was owen vnto the Gods. After that the portion laid out for the Gods, had beene burnt, then did al the people repaire vnto a common feast; where, as they were eating, they sung hymnes, and songs in the praise of their Gods, and playing on cymbals, they danced about the altars; intimating therby, that there was no part of their body, but should bee imployed in the service of their Gods. Now vntill all their ceremonies and mysteries were finished, it was not lawful for any to taste of this feast: insomuch that we since haue vsed to checke a glutton, or greedy-gut, which can not abstaine from his meat til grace be said, in this manner, Sacra haud immolata deuorat.

[Page]

Lib. 2. Sect. 3.
Of the Romane yeere.

CHAP. 1.
De Anno & partibus eius.

IT followeth that now we should descende vnto those several appendices vnto religion; namely the Romane yeare, their plaies, their māner of feasting, their several kinds of garments, their Nuptials and Funerals. This word Annus is so called quasi Annulus, because (as the Greeke word [...] signifieth) [...] .i. in se convertitur annus: which was the reason why the Egyptians in their mysticall cyphers (called literae hieroglyphicae) did vse the picture of a serpent, having his taile in his mouth to signifie an yeare. The time or space of this yeare hath beene diverse, according to the diversity of nations. Plutarch. in Numa. Some allowed no more daies to an yeare, then we doe to a month; and thence they called it annum lunarem. Plutarch. ib Some allowed fowre monthes, some sixe monthes, some ten: And thus Romulus measured his yeare, counting that a sufficient time for an yeare, which was sufficiēt for a womās travel in childbirth: or for an womā to mourne for the death of her husband.

Quod satis est vtero matris dum prodeat infans,

Hoc anno statuit temporis esse satis.

Per totidem menses à funere coniugis vxor

Sustinet in viduâ tristia signa domo.

[Page] Thus Romulus his yeare contained of monthes ten; of daies three hundred and fowre: but after this, Numa, Vid. Geor. Merulam in orat. pro Q. Ligario. or as some saie, Tarquinius Priscus perceiving that the monthes did not alwaies fall out alike every yeare; but sometimes the same month would happen in the sommer, sometimes in the winter, therevpon after long study and many instructions from the Grecians finding the reason of this confusednesse, he added vnto Romulus his yeare fifty daies, so that the whole yeare afterward was divided into twelue moneths; because the moone had finished her course 12. times in that space; Beginning their yeare then at Ianuary: because then in his iudgemnt was the fittest time to beginne the yeare, when the sunne being farthest from vs did begin to turne his course, and to come vnto vs againe; which is about Ianuarie, the sun being about the Tropicke of Capricorne. Afterward vpon a superstitious conceite of the odde number, Numa added one day more vnto Ianuary, so that wheras at the first Numa his yeare did agree with the Grecian yeare, both of them containing three hundred fifty fowre daies; Now the Romane yeare contained three hundred fifty fiue daies, which computation falling out too short for the true yeare by the space of ten daies, and sixe howres yearly, it occasioned every eighth yeare the interposition of three whole months, which they called their leape yeare:G Merula in orat. pro Q. Ligario. This confusednes afterward Iulius Caesar by long study remedied, adding the odde ten dayes vnto Numa Pompilius his yeare. And least the odd six houres might at last breed disorder in their computation, hee appointed that every fourth yeare a whole day should bee inserted, next after the three and twentieth of Februarie; which inserting they called Intercalatio from an old verbe Intercalo, and that day they called Intercalarem. Now the day following being the foure and twentieth of Februarie, was alwaies the sixt of the Kalends of March,G. Merula in orat. pro Q Ligar. and therefore because of the interposition of that day, they called the leap-yeare Annum bissextilem .i. the yeare wherein there [Page] falled out two dayes which they called Sext. Calend. Martij. And the day thus interposed, was called dies bissextus. This computation which Iulius Caesar found out wee haue embraced, and do at this day follow, calling our yeare Annum Iulianum, Rosin. Ant Rom. lib. 4. and Annum magnum, having relation to the monthly yeare called Annus Lunaris; and sometimes this great yeare is called, Annus vertens à vertēdo, because it is alwaies turning, and running on.Hubert lib. 3 epist. famil. 18. Moreover we must remēber that the Romans did begin their yeare at March; whence that month which since hath beene called Iulius in the honour of Iulius Caesar was by them called Quintilis, because it was the 5 month: and that month which since hath beene called Augustus, in the remembrance of Augustus Caesar was by them called Sextilis, because it was their sixt month. Thus then the great yeare being divided into twelue months, every month was divided into three parts .i. Calendas, Nonas, and Idus. For the better, vnderstanding of which, I shall insert three common verses.

Principium mensis nostri dixêre Calendas:

Sex Maius Nonas, October, Iulius, & Mars,

Quatuor at reliqui [...]tenet Idus quilibet octo.

That is the first day of every month is called the Kalends of that month. The 2. 3. 4. 5. 6. and 7 of these foure months, May, October, Iuly, and March, were called the Nones of that month: but in all the other months the Nones contained but the 2. 3. 4. and 5 day, so that the fifth day (for example sake) of Ianuarie was called Nonae Ianuariae, or Ianuarij, the fourth Pridie Nonarum, or Nonas Ian. (For they vsed alwaies to say Pridie Cal. Pridie Nonar. and Pridie Iduum, in steed of secundo Cal. Non. Id.) The third day of Ianuarie, they called tertium Nonarum, vel Nonas Ianuar. the second day of Ianuarie they called quartum Nonarum, vel Nonas Ianuar. After the Nones followed the Ides, which contained eight dayes in every month, so that the 15 day of the foure aforesaid months, were called Idus Maij, Idus Octob. Iaus Iulij, and Idus Martij. In all the other [Page] months, the 13th day was the Ides: as to proceed in Ianuarie, the thirteenth day was called Idus Ianuar. the twelfth Pridie Iduum, vel Idus Ianuar. The eleventh tertio Iduum, or Idus Ian. the tenth quarto Iduum, vel Idus Ian. the ninth 5o Id. Ian. the eighth 6o Id. Ian. the seaventh 7o Id. Ian. the sixt 8o Id. Ian. After the Ides then followed the Kalends of the next month. As the fourteenth of Ianuarie was decimo nono Calendarum, or Calendas Februar.; the fifteenth decimo octavo Calend. Feb. the sixteenth decimo septimo Cal. Feb. &c. Where we must note that as often as we vse Pridie, tertio, quarto, or any of those numerals with an accusatiue case, as Pridie Calendas, &c. the Grammarians say that this praeposition Ante is eclipsed. It followeth now that I should treate of the daies, which are the lesser parts of the yeare: where before we proceed wee will consider the parts which the Romanes divided their day into.

Dies Civilis continet

Lucē cuius partes sunt

Diluculum. The breake of day.

Mane. The full morning.

Ad meridiem. The fore noone.

Meridies quasi Medidies. Mid-day, or quasi Merus dies. Perfect day, Noone.

Demer die. After noone.

Solis occasus. Sun-set.

Noctem cuius part [...]s sunt

Crepusculum. The duske of the evening.

Prima fax. Candle-tining.

Ʋesper. The night.

Concubium. Bed-time.

Nox intempesta. The first sleepe.

Ad mediam noctem. Towards mid-night.

Media nox. Mid-night.

De media nocte. A little after mid-night.

Gallicinium. Cock-crowing.

Conticinium. All the time from cock-crowing to the breake of day.

The day and night againe were each of them divided into primam, secundam, tertiam, & quartam vigiliā, every watch [Page] containing three houres. The first of the night began at six of the clocke in the evening, and the fourth ended at six of the clocke in the morning.Alex. Gen. lib. 1. cap. 12. These watches were distinguished by severall notes and sounds of cornets or trumpets, that by the distinction and diversity thereof, it might easily be knowne what watch was sounded. Moreover we must vnderstand that the Romanes, vpon a superstitious cō ceit, and observation of misfortunes and evill events falling out on some daies, and more happy successe vpon others, haue called the former sort of daies Atros dies, & the latter sort Albos dies, Vid. Erasm Adag. vnione signare. borrowing the names from the Scythians, who vsed to chalke out the fortunate daies in their Kalenders with white characters, whence Horace saith, ‘Cressâ non careat pulchra dies notâ.’ Other-some, as their vnfortunate and vnlucky daies, were noted with a coale or blacke character, according to that, ‘Nigro carbone notatus.’ Againe their Kalender distinguished some daies for Holydaies, which they called Dies festos, festivall daies, or dies Feriatos, & Ferias, Holy-daies,Ascensius in epist. 3. illust. vir. lib. 2. because they did vpon such daies Ferire victimas .i. offer vp sacrifices. Others were distinguished for working daies, which they called Profestas quasi procul à festis. The third distinction was of halfe-holy-daies, which ab intercidendo, they called Dies intercisos as it were dayes cut asunder: the one part of them being allotted for worldly businesses, the other for holy and religious exercises.Rosin. antiq. lib. 4. c. 3. These feriae were either privatae, and so they belōged somtime to whole families, as Familiae Claudiae, Aemiliae; Iuliae, &c. sometimes to private persons, as every one his birth day, particular expiations, &c. or else they were Publicae, such as the whole commonwealth did obserue: and they were of two sorts, the one called Anniversaria, which were alwaies to be kept on a certaine day, Alex. Gen. dier. lib. 5. c. 7. and therevpon they were called feriae statiuae; the other conceptiuae which were arbitrarie, and solemnised vpō such daies as the magistrates and priests thought most expedient, [Page] whereof the Latinae Feriae were chiefe: which Latinae Feriae were kept on moūt Albane to Iupiter Latiar, for the preservation of all the Latine people in league & confederacy with the Romanes, and were solemnised in memorie of the truce between those two nations. Those feriae which were calledAlex. Gen. dier. lib. 5. c. 7. Imperatiuae & Serv. Aenei. lib. 1. Indictiuae, because the Consul, Praetor, or chiefe Pontifie, according to their pleasure imperabant, & indicebaut has .i. commanded them, may in my opinion be contained vnder that member of Feriae conceptivae, in respect of the vncertaintie of them. Another distinction of daies is found in the Roman Kalender, to haue beene in Fastos, whole court or leet-daies; Ex parte Fastos, Halfe court dayes; Nefastos, Non-leet daies: though this word Nefastus be often expounded vnlucky, as in that of Carminun. lib 2. Ode. 13▪ Horace touching the tree, Ille & nefasto te posuit die .i. He plāted thee in an vnhappy time. These daies were so called à fando, frō speaking; because vpon those daies which were Fasti, the Praetor, or L. chiefe Iustice might lawfully keepe court and administer iustice, which was not done without the speaking of these three words, Do, Dico, and Addico; Ioach. Camerar. pro Flacco. Dabat actionē; dicebat ius; Addicebat tā res, quā homines. Where by the way wee must note, that sometimes these court daies were also called dies comitiales, because that Bersman. in suis annot. in Rom Calend ad finem O [...] Fast. vpon every such day as the comitia .i. the publike assemblies were held, it was lawfull to keepe court: whence not only comitialis dies doth signifie a law day, but comitialis homo also doth signifie a wrangler in the law, or a litigious person.

CHAP. 2.
De Ludis.

THis word Ludus hath diverse acceptions, sometimes it is takē for a iest or scoffe, as vt me ludos facit? How he scoffeth me? Sometimes for a place of exercise where any feate is learned, as ludus literarius, a schoole for learning; ludus gladiatorius a fence-schoole; and Aperire [Page]ludùm, to set vp a schoole. Sometimes for any game, pastime, or sport publiquely exhibited, either that thereby the Gods might bee appeased, or the applause and favour of the people gained. These games from the diversity of the place where they were had, may be divided into ludos compitales, circenses, & scenicos. Compitales were such asAlex. Gen. dier. lib. 6. c. 19. vsually were solēnzied in compitis. .i. in the crosse-waies and open streetes. Circenses were circque-shewes, taking their appellatiō either frō the great circque, or shewplace, called Circus Max: where the games were exhibited; or from the swords wherewith the players were invironed, as one would say Circaenses. They much resembled those Grecian games, called certamina Olympica, where the rū ners with chariots were hemmed in on the one side with the running river, and on the other with swords pitched point-wise, that they should hold on the race directly, and not swarue aside without danger.Rosin. Ant lib. 5. cap. 5. Some haue thought thē to be the same with ludi Gymnici, so called from [...], naked; because that those which did performe these kinde of exercises did either put off all, or the greatest part of their clothes, to the intent that they might the more readily and nimbly performe their games; for which purpose they did also annoint their bodies with oile:Vid. Erasm. adag. operam & oleum pe [...] dere. Whence we say when a man hath lost his cost, and labour, Operam & oleum perdidit; oleum in this place signifying cost & charges: so that the proverb was the same with that ofMacrob. lib Satur. the coble [...]s crow, opera & impensaperijt. The games and Masteries vsed in the circque were diverse; namely fifty-cuffes, fencing with swords, shaking the speare, dauncing in plaine ground, leaping, iumping, casting the dart, wrestling, running the race with chariots, which was called certamen bigarum vel quadrigarum; playing at whorle-bats, which was tearmed bel [...]are coestu; casting or hurling the great stone called discus; though sometimes this discus was made of yron or brasse: The players thereat were called [...] from [...] and [...], to dart or cast out any thing. The third sort of plaies [Page] were ludi Scenici, stage-plaies. The reason of this name scena may be seeneVid. pag. 14. before.Lazius de Repub. Rom. lib. 10. cap. 11. The first institution of them was occasioned by reasō of a great sicknes, which by no medicinary help could be removed; The Romanes superstitiously conceiting, that some new games or sports being found out the wrath of the Gods woulde thereby bee vnarmed. Alex. Gen. dier. l. 6. c. 19. Wherevpon about the fowre hundreth yeare after the building of Rome they sent for certaine stage-players out of Hetruria, which they called Histriones frō the Hetruriā word Hister, which signified such a player. Concerning the diverse kindes of stage-plaies I read of fowre, called by the Grecians, Mimicae, Satyrae, Tragoediae, Comoediae: by the Romanes Planipedes, Attellanae, Praetextatae, Tabernariae. In English, Fables Mimicall, Satyricall, Tragicall, Comicall. These Mimicall players did much resemble the clowne in many of our English stage-plaies, who sometimes would go a tip-toe in derision of the mincing dames; sometimes would speak ful-mouthed to mocke the country-clownes; sometimes vpon the top of their tongue to scoffe the citizen. And thus, by their imitation of all ridiculous gestures or speeches, in al kinde of vocations, they provoked laughter; whence both the plaies and plaiers were named Mimi, from [...] an Imitator, or one that doth apelike counterfet others: as likewise they were called Planipedes, because the Actors did enter vpon the stage planis pedibus .i.Alex. ib Excalceati barefooted. The second sort of plaies were called Satyrae, Antesignan in suis obser. de metris comicis. Teren. praefixis. frō the lascivious and wanton country-Gods called Satyri, because the Actors in these Satyricall playes, did vse many obscene poems, and vnchast gestures to delight their spectators. Afterwarde these kinde of actors as wee may coniect, did assume such liberty vnto themselues, that they did freely and without controlement, sharpely taxe & censure the vices even of kings, as wel as of the commons, insomuch that now wee call every witty poeme, wherein the liues and manners of men are sharpely taxed, A satyre, or satyricall poeme.Vid Erasm. adag. [...]. Satyra mordax fuit & salsum genus [Page]carminis. These satyricall plaies were also called Attellanae, from the city Attella in Campania, where they were often acted. The third sort of stage-plaies, were called Tragoediae, from [...] a goat, and [...] an ode or song; because the actors thereof had a goat given them as a reward. And likewise they were called Praetextatae, frō Praetexta, a certaine Romane robe, which these actors did vse to weare in their plaies. The fourth sort were comoediae, frō [...], which signifieth villages, and [...]: because these kinde of actors did go vp and downe the country acting these Comedies in the villages as they passed along. They were likewise called Tabernariae à tabulis .i. from the boards or pentices wherewith they were sheltred frō the weather, whiles they were acting. These two last sorts of plaies, namely Tragedies & Comedies being still in vse amongst vs, it will be worth our labour to consider the communities, wherin they agree; & likewise the proprieties or notes of distinction by which they differ. I finde three sorts of parts, wherein they agree, namely partes primariae, accessoriae, circūstantes; parts principal, accessory, and circumstances, which are not so truely parts, as accidental ornamēts added to beautifie the plaies. The principal parts are 4. in respect of the matter treated of. For as farre as the declaration or exposition of the matter in hand reacheth, without intimation of the event to ensue, so farre reacheth the first part called [...], which word signifieth no more then a proposition or declaration. But when the play inclineth to its heate & trouble, thē ensueth the second part called [...], which signifieth the intension or exaggeration of matters. The third part is called [...] .i. the state and full vigour of the play. The last part which is an vnexpected change into a suddaine tranquillity and quietnesse is called [...]: whence by a metaphor it hath beene translated to signifie the end, or period of any other thing; or rather the inclination vnto the end, as vitae, humanae catastrophe, the end of a mans life. In respect of the players forsaking the stage, the parts were [Page] fiue; namely the fiue Acts. For the Actors did fiue times in every Comedie and Tragedie forsake the stage, and make as it weare so many interruptions. The occasion whereof is supposed to haue been this, That the spectators might not be wearied out with a continued discourse or action, but that they might sometimes be delighted with variety intermixed. For those breaches and chasmes betweene each act, were made vp and supplyed, either by the Chorus, or Musicke. Where we must note, that every Tragedy and Comedie must haue fiue Actus, and no more, according to that of Horace.

Neuè minor quinto, neù sit productior actu

Fabula.—

Againe we must remember that it is not necessary that the [...] should alwaies be cōtained in the first Act, though many times it happeneth so: for in Plautus his bragging souldier the Protasis is found in the second Act: and so likewise haue the other three parts .i. Epitasis, Catastasis & Catastrophe their bounds vnbounded. These Acts are divided into severall scenes, which sometimes fal out more, sometimes fewer in every Act. The definition of a scene being Vid. Erasm. Adag. Mutatio personarum: Whence we call a subtile Gnatho, which can humor himselfe for all persons and times omniū scenarum hominem, A man fit for all parts. Now amongst the Romanes it was thought vnfit, that aboue three persons should come on the stage in one scene. ‘Nec quarta loqui persona laboret.

Hor.

’ The partes accessoriae in a Comedy are foure, Argumentum, Prologus, Chorus, & Mimus. The first is the matter or subiect of the Comedy: the second is the Prologue, which is either [...], such as doth open the state of the fable, at which time there needeth no argument; or else [...], such as cōmendeth the fable, or the Poet vnto the people; or lastly [...], such as shall refute the obiections and cavils of adversaries. The third is Chorus, which speaketh betweene each Act; and this Chorus may consist either of [Page] one, or many speakers, & that either male or female:Rosin. ant. cap. de trag. & com. lib. 5. but with this caution, that if a male be to be commended, then must the Chorus consist of males; if a female be to be commended, then must it consist of females. And alwaies whatsoever the Chorus speaketh, it must be pertinent vnto the Act past, or covertly intimating somewhat ensuing.

—Non quid medios intercinat actus,

Quod non proposito conducat & haereat aptè. Horat.

The fourth and last accessory part, was Mimus the clowne or foole of the play. Of all these parts [...] tragedy hath onely a Chorus. The partes circumstantes, or accidentall ornaments were foure, common to both, Titulus, Cantus, Saltatio, Apparatus .i. the title of the play, Musicke, Dauncing, and the beautifying of the scene. By the Scene in this place, I vnderstand the partition betweene the players vestry, and the stage or scaffold. This partition at the acting of a Tragedy was vnderpropped with stately columnes & pillars, and beautified with paintings resembling princely buildings, and the images as well of Gods as Kings. At the acting of a Comedy country-cottages and private buildings were painted in the out face of the partition. In the Satyricall plaies the painting was overcast with shadowes of mountaines and woods: TheAlex. Gen. dier. l. 5. c. 16. first of these partitions they called Scenam Tragicam, the second Comicam, the third Satyricam. The differences betweene a Tragedy & a Comedy which may be collected out ofAntesig. in suis observ. de metris comicis Teren. praefixis. Antesignanus are these: first in respect of the matter, because a Tragedy treateth of exilements, murders, matters of griefe, &c. a Comedy of loue toyes, merry fictions, and petty matters, the one being [...]; the other [...]. In a Tragedy the greatest part of the Actors are Kings and Noble persons; in a Comedy private persons of meaner state and cō dition. The subiect of a Comedy is often feigned, but of a Tragedy it is commonly true, and once really performed. The beginning of a tragedy is calme and quiet, the ende fearefull and turbulent; but in a comedy contrarily the beginning [Page] is turbulent, and the end calme. Another differēce which Antesignanus hath omitted is behouefull for vs to knowe, namely that the Tragedians did weare vpon the stage a certaine shooe comming halfe way vp the legge in manner of buskins, which kind of shooe was called by thē Cothurnus, and from that custome it hath beene occasioned, that Cothurnus is translated to signifie a Tragicall and loftie stile; as Sophocleo digna Cothurno, matters beseeming Sophocles his stile: & sometimes a tragedy it selfe. The Comediās did vse an high shooe cōming vp aboue the ankle, much like a kind of shooes which plough-mē vse to weare to keepe themselues out of the durt. This kinde of shooe is called Soccus, by which word sometimes also is signified a Comedy, as

Hunc socci cepere pedem, grandes (que) Cothurni. Horat.

Antesig. ib. All these sorts of stage plaies both Mimicall, Satyricall, Tragicall, and Comicall, if they were acted according to the Grecian rite and custome, then were they called Palliatae, from pallium, a certaine mantle which the Grecians did vse to weare: if according to the Romane manner, then were they called from the Romane gowne Togatae. Another division of playes hath beene taken not from the place where they were exhibited, but from the final cause or reasō why. Some were celebrated in the honour of the Gods, & they were named Ludi sacri; others for the performāce of some vow, being called therefore Ludi votiui; others for the more solemne celebration of funerals, whence they were called Ludi funebres: lastly others for sport and exercise called therefore Ludi ludicri. Vnto those sacred or holy playes belonged these; ludi Megalenses, otherwise called Megalesia, which were sports solemnized in the honour of Cybele; Cereales, sports in the honour of Ceres; Florales, in the honour of the goddesse Flora; Martiales in the honour of Mars; Apollinares in the honour of Apollo, &c. The votiui ludi were also performed in the honour of some God, but they were distinguished from ludi sacri, because [Page] these votivi were performed only vpon occasion of some speciall vow made: for whensoever the Romans did vndertake any desperate warre, then did some Roman magistrate Vovere ludos vel templa, conditionally, that they got the conquest.Ascensius epist. viror. illust. lib. 5. Whiles the magistrate vttered this his vow, he was said Vota nuncupare or facere vota .i. to make a solemne vow vnto the Gods; The vow being thus made, hee was said to be votireus. .i. conditionally bound & obliged to the performance of this vow, so that the Gods might challenge the thing vowed as due debt, if they granted his request. But the request being granted, then was hee said damnatus voti, vel voto .i. simply bound to the performance of it; so that by a consequence Damnari voti vel voto, is to haue ones desire accomplished. The third sort of plaies, which wee called ludos funebres, was fencing and playing of prizes, the custome among the Romanes being, that at the funerals of their friends, they would procure certaine slaues and captiues to ioyne combate vpon the Amphitheatre, vntil one of them had beene killed; whence those fencers were called Bustuarij, from bustum, the place where dead mens bodies were burned. They first began their fight with certaine cudgels, or yardes called Rudes & after ward went to naked weapons (& that was termed dimicare & versis armis pugnare, this word versis signifying mutatis according toSaturn. sermon. l. 2. c. 19. Lipsius) whereat they fought till one was killed; neither was the other so acquitted, but he stood liable to vndertake another, & so a third, vntil he had foyled six or seaven combatants: and if his hap were to prevaile so often, then did he receaue a garland or coronet of palme tree, wound about with certaine woollen ribbands called Lemnisci. Fr. Sylvius in orat. pro Sex. Roscio. The coronet it selfe was called therefore palma lemniscata: and hence figuratiuely hath palma beene translated to signifie the victory it selfe; andFr. Sylv. ib. such a mā as hath often gotten the prize, we say proverbially, that he is Plurimarum palmarum homo. The reason why the palme tree rather then any other tree should bee given in token of [Page] victory is rendred byArist. prob. 7. Plut. symp. 8 q 4. A. Gell. lib. 3. cap. 6. divers good authors to bee this; because the palme tree, though you put never so ponderous and heavy weight vpon it, yet it will not yeeld, but rather indeavour the more vpward. After hee had foiled six or seaven, hee receaved one of those staues or cudgels also, wherewith they began their combat, in token of libertie; signifying thereby, that hee should hence for-ward lead his life free frō shedding of blood. Alluding vnto which custome this wordEras. Adag. Rudem accip. Rudis hath beene vsed to signifie any other kind of freedome, or discharge, wherevpon Horace said of himselfe, that he was Rude donatus .i. set at libertie, and discharged from his paines in poetry. The last sort of plaies called Ludi ludicri, were either military to traine vp young men in the knowledg of the art military, and those were called ludi castrenses: or else they were only for exercise, namely rūning the race, iusting, or turnamēts, which were called sometimes Troianus ludus, sometimesSuet in Iulio. Caes. c. 39. Troia without any other word added therevnto,Rosin. Ant. lib. 5. cap. 29. because Ascanius Aeneas his sonne first brought them out of Troy into Italy.

CHAP. 5.
De mensis & convivijs Romanorum.

BEfore we proceed vnto the description of the Romane tables, and manner of their feasting, we will explaine those fiue tearmes Ientaculum, Prandium, Merenda, Coena, & Comessatio: which fiue words doe signifie the fiue several feedings each day, which childrē, old men, servāts, travellers & such like did vsually obserue. Ientaculum signified their break-fast, and it had its name like as our English word hath a Ieiunio from fasting. In former times it was calledRosin. Antiq. l. 5. cap. 27▪ Silatum from Sile, with the root whereof they were wont to season that wine, which they had at breakefast. For (asPlutarch. in symp. l. 8. q 6. Plutarch saith) their breakfast was nothing but a sop dipped in wine. In the same place hee likewise saith, that in old time they had no dinner, but that which [Page] we call prandium, was the same with them as ientaculum; & thus much the Greek word [...] signifying a dinner doth intimate. For it is so said quasi [...] from [...], which Plutarch interpreteth the morning. And therefore, when through Epicurisme this dinner time called prandium crept in as a distinct meale, it was called [...] from [...], which signifieth in continent, or one which cannot tē perate himselfe.Plutarch. in symp. l. 8. q. 6. The name prandium is said quasi [...] signifying noone-tide. The third time of taking meat, was called Merenda, because it was takē post meridiem; we may english it our afternoones boever; it was called also Antecoenium, because it was taken a little before supper.Iust. Lips▪ ep cent. 1. ep 65. Merenda est cibus qui declinante die sumitur, quasi post meridiem edendus, & proximè coenae; vnde & Antecoenium à quibus [...]ā dicitur. The fourth time was their supper called coena, quasi [...], which signifieth as much as common.Plutarch. in symp. ib. Quia antiquitùs seorsim solebant prandere Romani, coenare cum amicis. Their fift & last time of feeding, was called in latin comissatio by some, by mostLaevinus Torrent. in Suet. Vitell. vid. Rosin. antiq. l. 5. c. 27. comessatio à comedendo. In orat. pro M. Coelio. Ioannes Tistinus saith that it is a boever takē after supper, or a night drinking. But the chiefe feast whereatLazius de Repub. Rom. lib. 3 cap. 3. they gaue entertainement being their supper, we will consider these three things therin. First Accumbendi vel discumbēdi rationem .i. the manner of their lying at supper (for they sate not at table as we do.) Secondly, the forme & fashiō of their table; and lastly the parts of their supper. The place where they supped was commonly called coenaculum à coena, as our dining-chamber is so called from our dinner. It was also called Tricliniū or Biclinium from [...] a bed: for sometimes there were three beds, sometimes but two about the table, vpon which the guests did sit, or rather ly along. In this dining parlour was placed a table, sometimes made quite round; and for the common sort of people it was made of ordinary wood, standing vpon three feet; but for men of better fashion, it was made of better timber, inlaid sometimes with wood of divers colours, sometimes with silver, [Page] and it stood vpon one whole entire foote made of yvory in the forme of a great Lyon or Leopard, &c. sometimes this table was made in the forme of an halfe moone, the one part of it being cut in with an arch or semicircle, and then it was called Sigma, because it did much resemble the letter Sigma, Iust. Lips. cent. 1. ep. 65. which (as it appeareth by certaine marble monuments) was in old time made like a Romane C. If any mā should demand the reason why they cut their table in that forme, I must confesse that I haue not read any reason in any autor: but my coniecture is this. It is agreed vpon by all autors, that in the round tables the one quarter was reserved void frō guests, that the waiters might haue a cōvenient roomth to attend. Therevpon it seemeth not vnprobable to me, that this crooked arch was made for the waiters. I acknowledge that this Sigma hath beene translated diversly by diverse writers, as it appeareth byIust. Lip. ib. Lipsius. By some it hath beene taken for the parlour or supping chamber; (Lipsius in his Antiquities) by others for the supper, or feast it selfe; so Coelius thought. By Lipsius since it hath bin thought a certaine place erected in manner of an hemicycle, or halfe-moone, against which they did place their beds: but Brodaeus & Ditmarus (in my opiniō) haue more truely taken it for the table it selfe. About the table that was perfectly round were placed three beds, covered with tapestry or some other kinde of covering, according to the wealth and ability of the person: and thus strato discumbitur ostro, the beds being ready furnished the guests lay downe on them in manner as followeth. Each bed contained three persons, sometimes fowre, seldome or never more, except at their great feasts. Many times it fell out, that each guest had his bed to himselfe, whenceA. Gel. [...] Attic lib. 13. A. Gellius saith, that the nūber of guests shoulde begin with the Graces, and end with the Muses .i. they must not be fewer then three, nor more then nine. This also hath beene the reason of that Adage.Alex. Gen. dier. l. 5. c. 21. Septem convivium, novem convitium faciunt. If one onely lay vpon the bed, then he rested the vpper [Page] part of his body on his left elbow, the lower part lying at length vpon the bed: but if many lay vpō one bed, then the vppermost did lie at the beds head, laying his feet behinde the second his backe: the second rested his head in the others bosome, having a cushion put betweene, laying his feete behinde the thirde his back; in like maner the third & fourth did lie. They divided their supper into three partes; which they called their first, second, and third messe. In the first messe commonly was served mulberries, lettices, sausages, and alwaies egges; as likewise in the last messe were served, nuts, figs, grapes, but alwaies apples:Pancirol. li re [...]um deperdit cap. de cibi capiendi modo. whence wee say proverbially ab ovo ad mala, from the beginning of the feast to the end, or simply from the beginning of any thing vnto the end thereof. The middle messe was the maine supper, and the chiefe dish thereof was called caput coenae.

CHAP. 4.
De Romanis vestibus.

WE may obserue in reading old autors, that as well the Romanes as the Grecians had diverse distinct habits, or outward vestimēts. The Grecians had their Mantile called Pallium; the Romanes their gowne called Toga, and by this different kinde of garment the one was so certainly distinguished from the other, that this word Togatus was often vsed to signifie a Romane, and Palliatus a Grecian. Sigon. de iudic. lib. 3. cap. 19. Togati pro Romanis dicti, vt Palliati pro Graecis. Before we proceede, we will first obserue what this Toga was, & then how many sorts there were.Mic. Toxita in orat. Philippic. 2am. Toga à tegendo dicta est. It was made commonly of wooll but according to the worth and dignity of the person, somtimes of courser, sometimes of finer wooll. As we may collect by that of Horace,

—Mihi sit toga, quae defendere frigus

Quamvis crassa queat—

Mic. Toxita ib. We must note with Toxita, that no women of any credit did weare the Romane gowne, but insteede thereof did vse [Page] a garment called stola from [...] signifying demitto, quòd vs (que) ad talos demitteretur: whence old Poets, when they would point out vnto vs an infamous or lewde strumpet, they would tearme herRosin. ant. Rom. Mulierem togatam. Sig. de iud. lib. 3. cap. 19. This toga sometimes was worne open and vntuckt; then was it called Toga aperta: other times it was tuckt vp, & then it was called toga praecincta. This cincture or girding vp of the gown was according toSig. ibid. Sigonius threefold; Cinctura laxior, Astrictior, and Cinctus Gabinus. Cinctura laxior or the loose kinde of girding was such, that notwithstanding the tuck, yet the taile trailed vpon the ground. Cinctura astrictior the close kinde of girding was such, that after the gowne had beene lapped or tucked vp, it should not reach so farre as the feet. The first kinde of these cinctures did argue a remisse soft and effeminate minde; the latter did signifie the promptnesse or readinesse of the person;Sig. ibid. Vnde, Altè praecincti pro expeditis dicti sunt. Thirdly, Cinctus Gabinus was a warlike kind of girding, not so that the whole gown should be tucked vp about the midle, but that it being cast quite backward, the party should gird himselfe with one skirt thereof.Serv. Aenci. lib. 7. This kind of girding was so called from a certaine citie of Campania called Gabij, because vpon a time the inhabitants of this citie being at sacrifice, were set vpon by their enimies; at which time they casting their gownes behind them and girding one lappet or skirt about them, went immediatly to warre, even from the altars, and got the conquest.Alex. Gen. dier. l. 1. c. 14. In memory of which ever after, the Consul when hee would proclaime warre girded himselfe in like manner. Neither had the Consul alone a peculiar garment when he proclaimed warre, but every souldier in time of warre did weare a different kind of garment from the gown, which they called Sagum: we may english it a souldiers coat. Whence Tully vseth this phrase ad saga ire, which Erasmus hath paralleld with this, Ad certamen se accingere, to buckle for warre. Insomuch that Cedant saga togae, is aequiualent to that of the Orators, Cedant arma [Page]togae. Touching the difference of the Romane gownes I finde them distinguished bySig de iud. lib. 3. cap. 19. Sigonius accordingly as followeth; in Togam Puram, Candidam, Pullam, Praetextam, Paludamentum, Pictam, Trabeam. Togapura was the common ordinary gown worne by private men at mans estate, not by women at al, nor children, vntil the sixteenth yeare of their age, at which time they were said Excedere ex ephebis .i. to be past striplings. Notwithstanding the sixteenth yeare was not alwaies strictly without exception observed;Rosin. antiq. lib. 5. c. 32▪ for M. Aurelius was permitted to weare this gowne being but fifteene yeares old; and Caligula did not weare, it till the nineteenth yeare of his age. This kinde of gowne besides that it was called Pura, it was also sometimes called virilis, sometimes libera. It was called pura in respect of its pure white colour, being free from all admixtures of purple or any other colour, & therefore some haue tearmed it [...], al white, others [...], void of purple. It was called virilis, because it was given to striplings now growing to mans estate. Whence wee vse to say of a stripling past 16 yeares of his age, virilem togam sumpsit, he is now become a man. Lastly, it was called libera, Rosin. antiq. Rom. lib. 5. c. 32. because then they did receaue some beginning of freedome, as being about that time freed from their school-masters, and overseers.Aldus Manutius. vid. Rosin. ib. This kinde of gowne was not made open but sowed downe to the bottome, and also it was made without sleeues, so that if at any time they had occasion to vse their armes, they would take vp their gowne and cast it quite behind them, or vpon their shoulders. But these striplings could not for one whole yeares space, cast back their gownes in that manner for the liberty of their armes without the imputation of immodesty, as it appeareth byCic. in orat. pro Caelio. Cicero, Nobis annus erat vnus ad cohibendum brachium togâ constitutus. The like liberty it seemeth was denied those that stood for places of office;Sig de iud. lib. 3. cap. 19. & thence is it, that Horace wisheth such to hire them a servant —Laeuum Qui fodiat latus, & cogat trans pondera dextram Porrigere— [Page] In which place by pondera is vnderstood the Romane gowne, asSigon. ib. Sigonius hath expounded that place. Now for the vnderstanding of Toga candida, we are to learne a difference betweene this candida toga, & the toga pura aboue spoken of, which is often times called toga alba, both of which were white, but differed in the degree of whitenesse. The toga alba had only the naturall whitenes of the wool; the toga candida had an artificiall white die: whereby the glasse of the white was made more orient and intēsiue. Or else asSigon. ib. Sigonius hath obserued out of Isidorus, Intendendae albedinis causâ cretam addiderant .i. they chalked it to encrease the whitenesse thereof. Whence Polibius calleth it togam [...], that is, shining or splendent. Moreover whereas the alba toga was the ordinary Roman gowne which commonly the Romane citizens did weare; this candida toga was only worne by those, which did ambire magistratum, sue for a magistracy or place of office who during the time of their sute were called from their gowne candidati: and Quintilian borrowing his metaphor from them, hath called an young student eloquentiae candidatum. The third sort of gowne which I tearmed togam pullam, was a blacke gowne, and thereof was two severall kinds; the one cole-blacke, which was worne luctus causa, in token of mourning, and the mourners were thence called Atrati and as often as they did weare this gowne, they were s [...]id Mutare vestem, Sig. de iud. lib. 3. cap. 19. which phrase in old autors doth signify nothing else, but to goe in mourning apparell: The other not cole-blacke, but only fouled or stained, and that was worne reatus causa, in times of arraignement, & those that wore it were called sordidati, à sordibus in veste, from the spots or staines in the gowne. Where wee must note, that in processe of time Togapulla became the ordinarie gowne which the common people did weare; at which time the ordinary gown, which the citizēs of better place and esteeme did weare, was the toga candida: wherevpon there did then grow a distinction of the citizens vnknown [Page] to the former age, saith Rofinus, namely that some were tearmed candidati, others pullati. Candidati were those, not which became suiters for places of office (as in old time it signified) but those which did liue in better repute then others, from whence it is, thatFenestella de mag. Rom. cap 3. hee whose office was to read the Emperours letters in the Senate was called Candidatus principis▪ or Quaestor candidatus. It did somewhat resemble the office of our King his Maiesties chiefe Secretary. Pullati were those of the commonalty or inferiour sort. The fourth sort of gowne was the togapraetexta, so called, quia eipurpura praetexta erat, because it was garded about with purple silke. This kinde of gowne at the first was vsed only by the Romane priests, and chiefe magistrates: Neither was it lawfull for such as did weare that gown to be arraigned, or sentence to be giuen on them vntill that gowne was put off. In continuance of time this togapraetexta was permitted first to Noble mens children; afterward to all Romane children in generall: where vponPet. Pellitarius in orat. pro A. Cae [...]in Togatus à praetextato differt, vt privatus à magistratu & vir à puero, and aetas praetextata, is taken for childhood; and praetextati sometimes for magistrates, but commonly for young children. The fifth sort of gowne was called Paludamentum; It was a military garment, whichAlex. Gen. dier. l. 5. c. 18. none but the L. Generall or the chiefe captaines did vse to weare.Sig. de iud. lib. 3. c. 29. Isidorus saith it was not only garded with purple, but with skarlet, and gold lace, whence it was sometimes calledSigon. ib. togapurpurea, somtimes coccinea. It was much like the habit which the Grecian Emperour was wont to weare called Chlamis; yea now it is Rosin. antiq. li. 5. c. 31. called Chlamis; wee may english it an Heralds coate of Armes. The sixt sort of gowne was called togapicta, Sig. de iud lib. 3. c. 19. because in it were embroadered goodly pictures with needle worke: it was also called Purpurea, not because of any purple gard (in which respect the praetexta, and the paludamē tum were called purpureae) but because it was all over with a purple die. It was by some tearmed toga palmata, because in it many palme branches being the reward and token of [Page] victory were wrought; whence by others it was called toga triumphalis, because Emperours in their triumphes did weare such gownes. The last sort of gowne was Trabea, whereof there wereServ Aenei. lib 7. three severall kinds; the one woven all of purple, which was consecrated vnto the Gods; the second was purple woven vpon white, and this only kings & Consuls might weare; the third was skarlet woven vpon purple, and this the Augures only did weare.Alex. Gen. dier. li. 5. c. 18. This last sort was therefore called trabea auguralis, the second trabea regia, the first trabea consecrata.

CHAP. 5.
De Tunica.

THose coats which were worne vnder the gown were called Tunicae; and that they were worne vnder the gowne it appeareth by that Adage, Tunica pallio proprior est .i. every one for himselfe first; or according to our english proverbe, Close sitteth my shirt, but closer sitteth my skinne.Sig. de iud. lib. 3. cap. 20. This tunica was both narrower and shorter then the gowne: at first it was made without sleeues, afterward with sleeues, and by it, as well as by the gowne were the citizens distinguished. The first sort of coats was made of white cloath commonly,Salmuth in Pancirol. lib. rerum deperdit. cap. de fibula. but purfled over and embroadred with studs of purple in manner of broad nayle heads; whence it was called Laticlavia, or Latus clavus; and the persons wearing this coat were Senators called thence La ticlavij. The second sort belonged vnto the Roman knights and it differed in making from the first, only that the purple studs or embroadred workes of this, were not so broad as the former: whence the coat was called Angusticlavia, or Angustus clavus, and the persons wearing it were called Angusticlavij. The third sort belonged vnto the populacy and poorer sort of Romanes, it was made without any purfled workes, being called Tunica recta. This coate was given togither with the Virile gowne to striplings past sixteene yeares olde, and to new maried women. [Page] And as the recta tunica was given with the virile gowne; so was the tunica clauatae given togither with the toga praetexta: and the laticlavia, otherwise called tunica palmata, given with the toga picta. The fourth and last sort belonged vnto women, being a long coate reaching down vnto the heels; they called it stolam. Vpon it they did weare an outward garmentRo [...] Ant lib. 5. [...]. 35 called palliū, and sometimes palla, quia palàm gestabatur. [...] lib. 3. cap. 19. Sigonius saith, that this palla was a certaine gowne vsed by stage-players: howsoever certaine it is, that not onely women, but men also and children did weare this kinde of garment. Besides the Romane gowne & coat there remaine other parts of their apparrell to be spoken of: such are these which follow, Lacerna, which some do english a cloake, butSigon. ibid. Festus would haue it to be a little kinde of hood, which men should weare to defende themselues from the raine and weather; It was made that either side might be worne outward; & at first it was worne only in warre, so that lacernati stood in opposition with togati. Sigon. ibid. Isidorus Togatos pro vrbanis, lacernatos pro militibus vsurpatos scribit. Afterward as we may coniect, it was made lō ger in maner of a cloake, for it was diverse times worne vpon their coates insteed of gownes. Another kinde of garment was the Penula, so called quasi pendula, we may translate it a long hanging cloake. A third was called Mitra, which sometimes did signifie a certaine attire for womens heads, as a coyfe or such like; though this kinde of attire was more properly called Calantica: other times it signified a girdle, which more properly was called zona; This zona chiefly signified a souldiers belt, or a marriage girdle: The souldiers belt was lined within in the inside, where when they went to warre, they did put their mony▪ whence Horace saith of a man that hath lost his mony, zonam perdidit. Young maides when they were marryed were wont to haue a marriage girdle tyed about their middle, which their husbande at the first night of their marriage shoulde vntie: whence zonam soluere hath beene translated to deflowre [Page] a Virgine: this marriage girdle in former times was called Cestus, from whence commeth the latin word incestus, and the english word Incest: which in truth signifieth all kinde of pollution committed by vndoing or vntying this girdle called cestus: but now in a more strict acception it signifieth onely that kinde of naughtinesse, which is cō mitted betweene two of neere kin [...]:Caelius in orat pro Milone. and that other follie which is committed with a strangers wife, is now properly called adulterium; & that which is cōmitted with a maide or widdow stuprum. The last thing touching their apparell is their shooes.Rosin. antiq Rom. lib. 5. c. 36. Calceamentorum genera duo fuerunt, [...]alceus, & solea: For the soale of the shoe called in latin solea, sometimes crepidula, and in Cicero his time gallica, was tyed on to the bottome of the foote with leather straps or buckles, and so worne insteede of shoes: the diverse kindes of these shooes did distinguish the Romane people also. To omit the difference in colours, we may reduce the chiefe kindes to fiue heads, Mullei, Vncinati, Perones, Cothurni, Socci. All these sort of shooes were made halfe way vp the legge, as the Turkish shooes are according to Iosephus Scaliger: and they were either laced close to the legge, as many of our bootes are now adaies; or clasped with taches or haspes. The first sort called Mullei Salmuth. in Pancirol. lib. rerum. deperdit. cap. de fibula. from the fish mullus, being like vnto it in colour, were also called from their claspes calcei Appositam nigrae lunam subtexit alutae. Iuvenal. lunati, because the claspes were made in forme of an halfe moone, which halfe mooned claspe resembling a Romane C, signified an hundred;Salmuth. in Pancirol. lib. rerum deperdit. cap. [...] fibula. intimating thereby, that the number of the Senators (they onely being permitted to weare this kinde of shooe) were at first a full hundred and no more. Vncinati calcei, were those, which the souldiers were wont to weare. Perones (as we may cō iecture) were laced vp the legge; for Tertullian making but two sort of shooes, saith there were the Mullei called frō their claspes lunati, & the perones made without such halfe mooned claspes, called also calcei puri, quoniam ex puro corio facti; and these perones or puros calceos all the other Romanes [Page] did weareSalmuth in Pancirol. lib. rerum deperdit. c. de fibula. with this note of distinction, that the magistrates shooes were beset with precious stones, private mens were not. Thus much cōcerning both the kinds & fashiō of the shooes may bee collected out of Rosinus in the place aboue quoted. The description & vse of the Cothurnus & Soccus may be seene in the tractVid. pag. 37. de Romanis ludis.

CHAP. 6.
De nuptijs & nuptiarum renunciatione.

BEfore we come vnto the solemne ceremonies vsed by the Romanes in their mariages, we will first shew the manner of their contracts,Salmuth in Panciroll. lib. rerum deperdi [...]arum c. de nupti [...]s. which were called by the Romanes, Sponsalia à spondendo; because in their contracts each did promise other to liue as man and wife. Now the manner of contracting was commonly thus: They did for the greater security write downe the forme of the cōtract vpon tables of record, as it appeareth by Iuvenal. Satyr. 16.

Si tibi legitimis pactam iunctam (que) tabellis

Non es amaturus—

These tables were also sealed with the signets of certaine witnesses there present, who were tearmed from the act of their sealing Signatores. Moreover before they would begin the ceremonies of their contract, the mā procured one soothsayer, and the woman another, with whom first they would consult. Whence Iuvenal.

—Veniet cum signatoribus auspex. The token or signe which these soothsaiers in time of observing accounted most fortunate was a crow:Alex. Gen. lib. 2. Ea enim cornicum societas est, vt ex duabus socijs alterâ extinctâ vidua altera perpetuò maneat. The man also gaue in token of good will a ring vnto the woman, which shee was to weare vpon the next finger to the little of the left hand;Aul. Gell. because vnto that finger alone a certaine artery proceedeth from the hart. The word nuptiae which signifieth mariage had its derivation a Nubo Rosin. antiq. lib. 5. c. 37 which verbe in old time signified to cover: the custome [Page] being that the woman should be brought vnto her husbād with a vaile (called Flammeus) cast over her face. Againe because of the good successe that Romulus and his followers had in the violent taking away of the Sabine women, Sig. de iur. Rom. l. 1. c. 9. they continued a custome that the man should come and take away his wife, by a seeming violence from the lap or bosome of her mother or her next kinne. Shee being thus taken away her husband did dissever and divide the haire of her head with the top of a speare, wherewith some fencer formerly had beene killed. This speare was called by them hasta celebaris, Salmuth in Pancirol. lib. rerum deperdit. cap. de nuptiis. and the ceremony did betoken, that nothing should disioine them but such a speare or such like violence. We must note thatFr. Silv. in orat. pro L. Flacco. three manner of waies a woman became a mans lawfull wife vsu, cōfarreatione, coemptione. A woman became a mans lawfull wife vsu .i. by prescriptiō or long possessiō, if that she were wedded with the consent of her overseers, and so did liue with the man as with her lawfull husband a whole yeares space, nullo interrupto vsu .i.Sig. de iure Rom. l. 1. c. 9. shee beeing not absent three nightes in the whole yeare from him. And some haue thought that the counterfeited violence in taking away the maide from her friends was vsed onely in this kinde of mariage. A woman became a mans wife confarreatione .i. by certaine solemnities vsed before a Pontifie or chiefe-bishop, when the woman was given vnto the man vsing a set forme of words, ten witnesses being present and a solemne sacrifice beeing offred, at which the maryed couple should eat of the same barly cake, which formerly had beene vsed in sacrifice. Which sacrifice was tearmed from farre confarreatio, and the mariage it selfe Farracia, andCic. orat. pro Muraena. sometimes sacra simply; the dissolution of this kinde of mariage Diffarreatio. A woman became a mans wife coemptione .i. by buying and selling, when the woman did vnder a feigned forme of sale buy her husbād, by giving him a piece of coine.Sig. de jure Rom lib. 1 c. 9. Veteri Romanorum lege, nubentes mulieres tres ad virum asses ferre solebant: at (que) vnum quidem quem in manu tenebant, tā quam[Page]emendi causa marito dare. Cic. orat. pro Muraena. Itē. Fr. Sil. ib. In which kind of mariage the man was not named by his proper name, nor the womā by hers, but the man was named Caius, and the womā Caia in the memory of the chast and happy mariage of Ca [...]a Cacilia wife to Tarquinius Priscus: from whence sprang a custome among them, that the new maried bride when shee was brought home vnto her husbands house, was to vse this proverbe, Ʋbi tu Caius, ibi ego Caia; by which wordes shee signifyed that shee was now owner of her husbands goods as well as himselfe: and therefore Erasmus hath expounded that saying by these words, Vt tu dominus, ita ego domina. If any of these ceremonies were omitted,Hieron. Ferarius in Philippic. corat. then was the mariage tearmed Nuptiae innuptae, in which sense we call our enimies giftes no giftes, [...]. These ceremonies being ended, towards night the woman was brought home to her husbands house with fiue torches, signifying thereby the need which married persons haue of fiue Gods or Goddesses .i. Iupiter, Iuno, Venus, Suadela, and Diana, who often times is called Lucina (the reason being rendred by Ovid:

—Dedit haec tibi nomina lucus,

Aut quia principium tu dea lucis habes.)

The matter whereof these torches were made, was a certaine tree, from which a pitchy liquor did issue: it was called Teda, and thence haue the Poets figuratiuely called both the torches, and the wedding it selfe Tedas. When the woman had beene thus brought to the dore, then did shee annoint the posts of the dore with oyle,Serv. Aenei. lib. 4. from which ceremony the wife was called vxor quasi vxor. This ceremony of annointing being ended, the bridemen did lift her over the threshold and so caryed her in by a seeming force, because in modesty shee would seeme not to goe without violēce into that place where she should loose her maiden head: At her carying in al the company did cry out with a lowd voice Talassio, Talassio: for which customePlutarch. vita Pompeii Plutarch allegeth many reasons; this being one. Among those who [Page] ravished the daughters of the Sabines, there were founde some of the meaner and poorer sort carying away one of the fairest women: which being knowne certaine of the chiefe citizens would haue taken her from them, but they began to cry out that they caried her to Talassius, a man well beloued among the Romanes; at which naming of Talassius they suffered her to be caried away, themselues accompanying hir, and often crying Talassio, Talassio. Frō whence it hath beene continued as a custome among the Romanes ever after at their mariages to sing Talassio, Talassio: as the Greeks did Hymen, Hymenaee. From this custome of leading or bringing home the new maried bride, commeth that comicall phrase Ducere vxorem, to mary a wife. Shee being thus brought home, receaued the keyes of her husbands house, whereby was intimated that the custody of al things in the house was then cōmitted vnto her.Alex. Gen. dier. l. 2. c. 5. The mariage bed was called Genialis lectus, as we may suppose quasi Genitalis. The next day after the mariage the bridewoman receaued gifts from her friends, which the lawyers termed Nuptialia dona. Vid. Fr. Silv pro Clientio. But Cicero expoundeth these dona nuptialia, to bee certaine tokens which the husband sent vnto his wife before the betrothing. If after the mariage any discontent had fallen out betweene the man & his wife Sig. de iure Rom. l. 1. c. 9. then did they both repaire vnto a certaine chappell built in the honour of a certaine Goddesse called Dea viriplaca à viris placandis, whence after they had beene a whiles there, they returned friends. We hauing thus seen the rites and ceremonies which the Romanes vsed in their contracts and mariages, it would not bee impertinent to annexe the manner of their divorcements, which vpō iust causes were permitted. ThereRosin. Antiq. l. 5. cap. 38. were two manner of divorcements, the one between parties only contracted; the second between parties maried. The first was properly called Repudium, in which the party suing for the divorcement, vsed this forme of words cōditione tuâ nō vtar. The second was called Divortium, wherein the partie suing for it vsed these wordes, [Page] Res tuas tibi habeto: vel Res tuas tibi agito. Both these kinds were tearmed Matrimonij renuntiationes, a renouncing or refusall of mariage. Where wee must note that insteed of this verb renunciare, divers good autors do vse this phrase Mittere, or Remittere nuncium: As C. Caesar Pompeiae nuncium remisit, C. Caesar hath divorce Pompeia. And alluding herevnto,Ep. fam. l. 5. Cicero saith virtuti nuncium remisit .i. Hee hath cast off all goodnesse, hee hath even divorced vertue. Secondly we must note that this verbe Renuncio, doth not only signifie to renounce or to refuse, but many times in Tully it signifieth to declare or pronounce a magistrate elected, as Renunciare consulem, praetorem, &c.

CHAP. 7.
Quo apparatu, quibus (que) ceremonijs apud veteres defuncta corpora igni tradebantur.

THE Romanes in ancient time when they perceaued a body dying, had such a custome, that the next of the kinne should receaue the last gaspe of breath from the sicke body into his mouth, as it were by way of kissing him: (to shew therby how loath & vnwilling they were to be deprived of their friēds) & likewise should close the eies of the party being deceased. Whence Anna said vnto her sister Dido now dying

—

Virg Aen. 4.

Extremus si quis super halitus errat

Ore legam—

And Penelope wishing that her sonne Telemachus might out liue herselfe and his father, writeth to her husband in this manner Ille meos oculos comprimat, ille tuos. After the body had thus deceased, they kept it seven daies vnburied, washing the corps every day with hote water, & sometimes annointing it with oyle, hoping that if the body were only in a slumber and not quite dead, it might by these hot causes be revived.

Per calidos latices & ahena vndantia flammis

Expediunt, corpus (que) lavant frigentis & vngunt.

[Page] In these seaven daies space, all the dead mans friendes met together now and then making a great out cry or shout with their voices, hoping that if the dead body had beene onely in a swoune or sleepe, he might thereby be awaked. This action was tearmed conclamatio, whence when wee haue done the best we can in a matter, and cannot effect it, we say proverbially conclamatum est: for this third conclamation or generall outcry (which was alway vpon the seaventh day after the decease) was even the last refuge, at which if the body did not reviue, then was it caryed to burial being invested with such a gowne as the parties place or office formerly had required. Those who had the dressing, chesting or embaulming of the dead corps were called Pollinctores: After they had thus embaulmed the corps, they placed it in a bedde fast by the gate of the dead mans house, with his face and heeles outward toward the street, according to that of Persius.

—Tandem (que) beatulus alto

Compositus lecto, crassis (que) lutatus amomis

In portam rigidos calces extendit—

This ceremony was properly called corporis collocatio: and fast by this bedde neere the gate also was erected an altar called in LatineAlex. Gen. dier. lib. 3. c. 7. Acerra, vpon which his friendes did every day offer incense vntil the buriall. The gate in the outside was garnished with cypresse branches, if the dead mā were of any wealth or note: For the poorer sort, by reason of the scarcity of the tree, could vse no such testimony of their mourning.Lucanus. Et non plebeios luctus testata cupressus. In these seaven daies space certaine men were appointed to provide all things in readinesse for the funerall: Which things were commonly sold in theAlex. Gen. dier. l. 5. c. 26. Temple of Libitina, from whence those providers were tearmed Libitinarij; though sometimes this word Libitinarius doth signifie as much as capularis an old decrepit mā, ready for the graue. Vpon the eighth day a certaine cryer in manner of a bellman, went about the towne to call the people to the solē nization [Page] of the funerall, in this forme of words:Rosin. Ant. ib. 5. Exequias L. Titio L. Filio quibus est commodum ire. Iam tempus est. Ollus ex aedibus effertur. After the people had assembled themselues together, the bed being covered with purple or other rich coverings, the last conclamation being ended, a trumpeter went before all the company, certaine poore women called praeficae following after, and singing songs in the praise of the party deceased. Where wee must note that none but the better sort had a trumpet soūded before thē; others had only a pipe.Alex. Gen. dier. lib. 3. Senatoribus & patricijs tubâ; minoribus & plebeiis tibiâ canebant siticines; this word Siticines signifying either a trumpetter or piper, because they did both ad sitos .i. mortuos canere. Againe, except it were one of the Senators or chiefe citizens, hee was not caried out vpon a bed, but in a coffin vpon a beere. Those that caried this bed were the next of the kinne, so that it fell often among the Senators themselues to beare the corps, and because the poorer sort were not able to vndergoe the charges of such solemnities, therevpon were they buried commonly in the duske of the evening; and hence à vespertino tempore, those that caried the corps were tearmed vespae or vespillones. In the buriall of a Senator or chiefe officer certaine waxen images of all his predecessors were caried before him vpon long poles or speares, together with all the ensignes of honour which hee deserved in his life time. Moreover if any servants had beene manumized by him, they accompanied the mourners lamenting for their masters death. After the corps followed the dead mans children, the next of the kinne, and other of his friends atrati, .i. in mourning apparell. The corps being thus brought vnto their great Oratory called the Rostra, the next of the kin Suet. C. Iulius Caesar. c. 6. laudabat defunctum pro rostris .i. made a funerall oration in the commendation principally of the party deceased, but touching the worthy acts also of those his predecessors, whose images were there present. The oration being ended, the corps was in olde time caried home againe in [Page] manner as it was brought forth, ‘Sedibus hunc refer ante suis & conde sepulchro.’ But afterward by the law of the twelue tables it was provided, that no man besides the Emperour and Vestal Nuns should be buryed within the city; though some vpon especiall favour haue obtained it. The manner of their burial was not by interring the corps, as in former times it had beene, but burning them in a fire (Salmuth in Pancir. lib. rerū deperd. ca. de exequijs. the reason therof being to prevent the cruelty of their enimies, who in a mercilesse revenge would at their conquests digge vp the buryed bodies, making even the dead also subiects of their implacable wrath.) This fire before the burning was properly called Pyra; in the time that it burned it was called Rogus, Servius Aeneid 5. quod tunc temporis Rogari solerent manes; after the burning then was it called Bustum quasi benè vstum. This Pyra was alwaies built in forme of a tabernacle, as it isSup. pag 30. aboue more at large to be seene: whither after the dead mā had beene brought, his friends were wont to cut off one of his fingers, which they would afterward bury, with a second solemnity. The charges at funerals growing by this means to be doubled, the law of the 12. tables provided in these words Homini mortuo ossa ne legito, &c: that no mans finger should be cut off, except he died either in the warre, or in a strange country. Where we must obserue, that lego in this place doeth signifie as much as adimo or aufero, in which sense we cal him sacrilegum, qui legit .i. qui adimit & aufert sacra. After the dead body had beene laid vpon the pyra, then were his eies opened againe to shew him heaven if it were possible:Alex. Gen. dier. l. 3. and withall an halfe penny was put in his mouth, they superstitiously conceiting, that that halfe-penny was naulum Charontis, the pay of Charon, the supposed ferry-man of hell, who was to cary mens soules in his boate over the stygian lake after their decease. About this Pyra were first many boughes of Cypresse tree to hinder the evill sent of the corps to be burned. The dead body being thus laid vpon the Pyra, the next of the kin turning his [Page] face averse from the pyra, did kindle the fire with a torch: After this commonly certain fencers hired for this purpose did combate each with other till one of them was killed; they were tearmed bustuarij frō bustum. The bloud of those that were slaine, served insteede of a sacrifice to the infernall Gods, which kinde of sacrifice they tearmed Inferiae. Servius. Inferiae sunt sacra mortuorum, quae inferis solvuntur. Anon after the body had been burned, his nearest friends did gather vp the ashes & bones, which being washed with milk & wine were put into certain pitchers called vrnae: whence this word vrna is often vsed by Poets to signifie a graue or sepulchre, as ‘—Vna requiescit in vrnâ. Ovid. Met. lib. 4.’ Rosin. antiq lib. 5. Though properly sepulchrum was in old time a vault or arched-roofe, rounde about the wals whereof were placed certaine coffines called loculi, within which those former vrnae were laid vp & kept, namely two or three in each coffine. Now these funerall solemnities were commonly towards night, insomuch that they vsed torches; these torches they properly calledServius in Aeneid lib. 1. funalia à funibus cerâ circundatis, vnde & funus dicitur. Hub. in Cic. ep. fam. lib. 4. Others are of opinion that funus is so said from the greeke word [...], signifying death or slaughter. The bones of the burned body being thus gathered vp, then did the Priest besprinckle the cōpany with cleane water thrise, and the eldest of the mourning womē called praeficae, with a lowd voice pronounced this word, Ilicet, thereby dismissing the company, (the word signifying as much as Ire licet;) Then presently did the companie depart taking their farewel of the dead body in this forme of words: Vale, vale, vale: nos te ordine quo natura permiserit sequemur. If any of these ceremonies had beene omitted Hier. Ferrarius in Cic. orat. Philip. then was it tearmed sepulitura insepulta, in the same sense as nuptiae formerly were tearmed innuptae. The old & aged men were invited after the buriall to a feast, or funerall banquet called silicernium Servius in Aeneid. lib. 5. quasi filicaenium .i. coena supra silicem posita, their custome being to eate that feast vpon [Page] an altar of stone, and because this feast was onely eaten at funerals, and by the elder sort,Antesig in Tere. Adelph. Act. 4. hence figuratiuely this worde silicernium doeth sometimes signifie an old creeple ready for the graue. The poorer people insteede of a feast, received a dole or distribution of raw flesh: this dole was tearmed Ʋisceratio. Moreover there was a potation or drinking of wine after the buriall called Murrata or Murrhina potio, which afterward the law of the 12. tables for the avoiding of expences did prohibit: as likewise for the moderating of griefe in the mourners it did prohibit the vse of this word Lessum, [Neve lessum funeris ergô habento] for that word was often ingeminated in their mourning as a dolefull eiulation, or note of inward sorrow. This sorrowing or mourning was in some cases vtterly prohibited, in others limited;Alex. Gen. dier. lib. 3. c. 7. Namely an infant dying before hee was three yeares old, should not be mourned for at all; because hee had scarcely yet entered into his life. Neither might children mourne for their fathers, or wiues for their husbands any longer then ten monthes, within which time without speciall dispensation or licence, it was not lawfull for the widdow to marry another husband. Here we may with Raeuardus obserue a distinction betweene lugere and Elugere. Lugere signified no more then to mourne some part of the time prescribed; Elugere to mourne the whole and full time.

3

[Page]

Lib. 3. Sect. 1.
Of the Romane assemblies.
De Comitijs.

HIthervnto haue we insisted vpō the description of the most remarkeable parts of the Romane city, togither with the severall divisions of the Romane people, as also the Romane religion: where we haue seene the generall divisions of their Gods, their sacrifices, with their ceremonies therevnto belonging; and other collaterall tracts, as appendices vnto religion. Now are we to proceede to that part of governement which is politicall or civill, where we will first speake of their civill magistrates, then of so many of their civill lawes, as I haue observed needfull for the vnderstanding of Tully; & that principally in his orations: for the more easie conceiving of both I haue premised a chapter or two De Comitijs.

CHAP. 1.
De Comitijs, id (que) Calatis praecipuè, & de Rogationibus.

EVery assembly of all the Romane people, being called togither by a lawfull magistrate to determine any matter by way of giving voices, is à co [...]undo tearmed Comitia, simply, without the adiection of any other word; or Comitia calata, that is, assemblies called togither, from [...], or the obsolete latin verbe calo, which signifieth to call: though afterward [Page] those assemblies onely, which were held either for the inauguring of some pontifie, some Augur, some Flamen, or him that was called Rex sacrorū, or for the making of their wils & testaments were called Calata comitia. Whence the will that was made in these assemblies was called Testamentum calatis comitijs. This kinde of assembly is sometimes called comitia Ioan. Tiflinus in orat. pro coelio. pontificia and comitia sacerdotum, in that sense as others are called Cōsularia, or Aedilitia comitia; namely because the pontifies in these, is the Consuls, & Aediles plebis in the others were chosen. There followeth three other kindes of assemblies: for either the people did assemble themselues by parishes, called Curiae; or by hundredths, called Centuriae; or by wards, called Tribus. The first sort of assemblies they called comitia Curiata, the second comitia Cēturiata, the last comitia Tributa. Sigon. de iure Rom. li. [...]. cap. 17. Where by the way we must note, that that thing which was determined by the maior part in any parish, hūdreth, or ward was said to be determined by that whole parish, hundreth or ward, & that which was determined by the maior part of parishes,Pars putat vt ferrent iuvenet suffragia soli [...] Pontibus infirmos praecipitasse senes. Ovid. Fast. hundreths, or wards, was said to bee approued comitijs Curiatis, Centuriatis, vel Tributis. Secōdly we must note that neither children vntill they were seventeene yeares old, nor old men after the sixtieth year of their age, were allowed to suffrage in these assemblies, whence arose that adage Sexagenarij de ponte deijciendi: and old mē were hence called Depontani, for the explication of which see Pag. 13. before. Likewise those whom for some notorious crime the cēsors had disfranchised, had no autority of suffraging: They were tearmed Aerarij because they did pro capite suo tributi nomine, Sigon. de iure Rom. lib. 1. cap. 17. aera pendere. Here before we speake of those three severall kinds of assemblies, we will consider the mā ner of their proceedings in propounding cases vnto the assemblies. Philip. Beroaldus in orat. Phil. 11. The custome was at first, that the Romanes should bestow their suffrages Viuâ voce, but afterward that every one might with freer libertie giue his voice, they commanded certaine wooden tables, wherein the [Page] names of those that stood for offices were written, to bee caried about, every suffrager receaving so many tables, as there were suitors: then did the people giue backe that table with whom they would suffrage. But if a law were to be enacted, thē every suffrager receaued two tables, in the one or which were written these two great letters V. R; in the other was written a great Romane A. Those who delivered these tables vnto the people, did stand at the lower end ofVid. pag. 13. those bridges (which were erected vp for the suffragers to ascend vnto the ovilia) whence they were called à diribendo .i. from distributing Diribitores. At the other end of the bridges were placed certaine chests or little coffers, into which the suffragers which did approue the law did cast in the first table; those that disliked it, did cast in the second: for by those two letters V. R. which were written in the first, is meant Vti Rogas .i. Be it as thou hast asked, this word Fiat being vnderstood. By A. in the second table was meant Antiquo .i. I forbid it, the word signifying, as much as antiquum volo; I like the old law, I loue no innovations. The tables being thus cast into the chests, certaine men appointed for that purpose in manner of Scrutators (they called them Custodes, and sometimesPlin. l. 33. cap 2. Nongenti) did take the tables out of the chests, and so number the voices by making so many points or pricks in a void table, as they found tables alike: which kind of accounting occasioned these and the like phrases; Suffragiorum punctanō tulit septem, and Omne tulit punctum; where punctum is vsed for suffragium. The voices being thus numbred, it was pronounced by the common cryer what was decreed. Because the vse of those tables is now growne quite out of vse, I shall make bold to insert that, which with much labour I haue collected out of severall autors touching these tables. It is certaine that a long time the vse of paper was not known, whence men were wont to write sometimes vpon the inward rinds of trees, called in Latine Libri (so that to this day we call our bookes Libri, because in olde time they [Page] were made of those rinds of trees:) sometimes they did write in great leaues made of that rush Papyrus, growing in Aegypt, from which we haue derived our english word Paper, and the latine word Papyrus, now signifying our writing paper; but the Romans at this time did vse to write in tables of wood, covered with wax, called in latine ceratae tabulae. They wrote their wills and testaments in tables, P. Pellitar. in orat. pro A. Coecinna. Hinc secundum & contra tabulas bonorum possessio; The possession of goods either according or against the testator his will. Because of the wax wherewith these tables were covered, cera is often vsed in the same sense, as Haeredes primae cerae .i. primae tabulae & in primo gradu instituti; by which words I think are vnderstood such heires asAlex. Gen. dier. l. 1. c. 1. Alexander calleth Haeredes ex toto asse .i. heires to the maine inheritance, opposing them to those which did receaue only legacies, whom he calleth there Haeredes in imâ cerâ, secū dos haeredes, & legatarios. Fr. Sylvius pro [...] Sylvius not vpon improbable grounds doth thinke that Tully doth vnderstand by Haeredes secundi, such heires as were nominated to succeed the chiefe heire or heires if they died. They wrote their accounts in tables, hence Tabulae accepti & expensi, signifying reckoning books. They wrought their statutes also in tables, whence Tabulae publicae, are englished statute books, or rather bookes of record. Those writings or instruments which the Senate or Emperour caused to be hanged vp in the market place, to release and discharge any banckrupt from paying his debts, they tearmedFr. Sylv. in orat. Catilin. 2am. tabulas novas; wee may english them letters of protectiō. They wrought their inventories of goods set at sale in tables calling them tabulas auctionarias: yea they indited their epistles and common letters in tables, insomuch that tabellae are expounded missiue letters, and tabellarius which properly signifieth a carier of tables, is now vsed to signifie a letter-carier.Fr. Sylv. in orat. Catilin. 3. The manner how they sealed their letters was thus: they did bind another table vnto that, wherein the inditement was, with some strong thread sealing the knot of that thread [Page] with wax, whence Cicero saith Linum incidimus .i. we opened the letters.P. P [...]llitar. in orat. pro A. Coecinna. Lastly they wrote their bookes in tables, whence from them we doe at this day call our bookes codices à caudicibus, caudex signifying properly the truncke, or stocke of a tree, whereof these tables or bookes were made. We must note withall that they wrote not with inck or quill, but with an instrument of steele or yron, having Vid. Erasm. Adag. a sharpe point at the one end, and being broad, yet keene and well edged at the other: with the sharpe point they did write what they pleased, with the broad ende they did scrape out what they had written: whence stylum invertere is to say and vnsay a thing, to turne his punch the wrong end downeward, as it were to scrape out that which one had formerly written. And as wee vse this word Manus to signifie the writing it selfe, according to that ofCic. orat. contra Catil. Tully, cognovit manum, & signum suum: so in the like sense we vse this word stylus, to signifie the peculiar tenure or straine of phrase, which any man observeth in the composing of an oratiō, epistle, or such like; in which sense Tully vseth it as the antithetō to gladius, in that speach of hisCic. orat. pro Muren. Cedat forū castris, otiū militiae stylus gladio; though in another place he vseth it to signify, if not a sword yet a pocket dagger, as Etsi meus ille stylus fuisset; Mic. Toxita in orat. Philippic. 2. in which place stylus doth signifie as much as pugio. Now that wee may returne to the matter whence we haue digressed, wee will proceed to shew the maner how they enacted their laws. Al the Romans had not power and autority of preferring a law, but onely eight of their magistrates which they called Magistratus maiores: namely the Praetor, the Consuls, the Dictator, the Interrex, the Decemviri, the military Tribunes, the Kings, and the Triumviri, vnto these eight was added one of those whom they called Magistratus minores, namely the Tribunus Plebis. If any of these Magistrates thought it fit to preferre a law, then did he first write it downe at home, and consult with some lawyer, whether or no it might be for the good of the common wealth, whether it would not weaken anie [Page] former law, or whether it was not formerly included in some other law, &c. These and many other cautions were to be considered, before it was preferred, yea some would haue the approbation of the whole Senate after the advise of their lawyer, though diverse times that hath been omitted. And the lawyer alone allowing it, the law was hanged vp publiquely in the market place for the space of three market-daies, which kinde of publishing the law was tearmed Legis Promulgatio quasi provulgatio, during which time of promulgation, reasons were alledged pro & con: by the spectators: and all the people had so much time to consult of the conveniency thereof, and every one vpon iust reason, had free liberty to admonish him that preferred the law, either to amend it, or to surcease the proposeall. After the third Market-day, (for vnlesse it were vpon an extraordinary occasiō, no assembly might be called vpon a market-day, because of the country folks businesses, they also having freedome of suffraging) the magistrate did convocate, the people to that place where the law was to be proposed: there the Towneclarke or notary reading the law, the common cryer proclaimed it, then did he which promulged it make an oration vnto the people, perswading them that it might passe. Sometimes others of his friends would second him with orations in his behalfe, as likewise others that disliked it, would by orations disswade the people, shewing the inconveniency thereof. After the orations had been ended, an vrne or pitcher was brought vnto certaine Priests there present, into which were cast the names of the tribes, if the comitia were tributa, or of the centuries if they were centuriata, or of the parishes if curiata: then sortibus aequatis .i. the lots being shakē togither, they drew their lots; and that tribe or centurie whose name was first drawn, was called Tribus vel Cēturia praerogativa, à praerogando, because they were first asked their voices: that curia vpon which the first lot fel, was calledRosin. antiq. lib. 6. c. 7 Principium, because that curia did first suffrage. Those Tribes vpō whom [Page] the other lots fel, namely the second, third, fourth, &c: were tearmed Tribus Iurevocatae. From this distinction it is that such a man as hath the voices of the praerogatiue tribe, or century, is said to haue [...] Omen praerogativum: which good fortune whosoever could attaine vnto, was in great hope of obtaining the other voices of the Iurevocatae; for they never or very seldome would swarue from the determination of the prerogatiue tribe or centurie. Whiles the people were busie in their lottery, in the mean time if any [...] Tribune of the cōmons would intercedere .i. forbid the proceeding, he might be heard, & the whole assembly therevpō should bee dismissed: likewise they were dismissed if either he which first promulged the law did alter his opiniō, or if the consul commaunded supplications to bee offred vp in the behalfe of their Emperour, or any of those holy daies called Feriae Latinae vel Imperativae to bee observed vpon that day; or if any of the people assembled were taken with the falling sicknesse (by reason whereof that disease is called by the [...] Physitions at this day, Morbus comitialis:) lastly the assemblies were dissolved by reason of the soothsayings, which kinde of dissolution was caused either by the civill magistrate his observing of signes and tokens in the heaven, and that was called Spectio, and sometimes de coelo observatio; the very act of this observation, though no vnlucky token did appeare dissolved the assembly: or else it was caused by the Augures, and civill magistrate promiscuously, whensoever any evill token was seene or heard either by the magistrate or Augur (amongst which thunder was alwaies counted the vnluckyest) at which time the assemblies were in like maner to be dissolved: this maner of dissolution was tearmed obnunciatio or Nunciatio. Stadius in Flor. l. 3. c. 7. Obnū ciabat, qui contra auspicia aliquid fieri nunciabat. Both these kindes are easily to be collected out of that speech in Tully Cic. orat. Philip. 2. Nos augures nunciationem solam habemus, consules & reliliqui magistratus etiam spectionē. Here we may fitly in way of conclusiō vnto this tract, adde a iust difference to be observed [Page] between these phrases, Promulgare, Rogare, Ferre, et Figere legem. Promulgare legem was to hang vp a law not yet asked, to the publique view of the people, to be examined by them touching the conveniencie thereof. Rogare legem was to vse a certaine oration vnto the people, to perswade the conveniencie of the law, which oration because it began with this forme of words, Velitis, iubeatisnè Quirites? .i. O yee Romanes is it your wil and pleasure that this law shall passe or no? Hence was it tearmed legis rogatio. Ferre legē was when the law had beene approved of by the people, then to write it downe vpon record, and so to lay it vp into the treasure-house;Fr. Maturā tius in Phil. 1. Cùm approbata fuisset lex, in aes incidebatur, & in aerario condebatur, & tunc demùm lata dicebatur. Lastly, Figere legem was to publish the law after it had been approved & recordedCorn. Tacit annal. l. 11. by hanging it vp in tables of brasse in their market places, or at their church doores: hence it is that wee vseFr. Matur. in Philip. 12. tabulam figere in the same sense, namely to enact or establish a law, & refigere legem to disproue or cancell a law.Sig. de jure prou. lib. 3. c. 1. And that which was determined Comitijs curiatis was tearmed lex curiata, that which was Comitijs centuriatis, lex centuriata, that which was comitijs tributis was not called a law, but Plebiscitum.

CHAP. 2.
De Comitijs Curiatis.

COmitia curiata were those, wherin the Romane people being divided into thirty parishes did giue their suffrages: they were so called from curia signifying a parish. And vntill Servius Hostilius his time, who did first institute the comitia centuriata, all things which were determined by the suffrages of the people, were determined by these curiata comitia: But after the other two sortes of assemblies had beene established, these curiata were vsed onely either for the enacting of some particular lawes, or for the creating of some certaine priests called Flamines. For the better vnderstanding hereof we must remēber, that [Page] though at first these thirty parishes were parts of the three Tribes (each tribe being divided into ten parishes,) yet in processe of time the encrease of the Romane people was such, that a great part of the Romane fields were filled with buildings & places of habitation, insomuch that the tribes of the Romanes were encreased to thirty fiue: but the parishes (because none that dwelt out of the citty were tied to the rites and ceremonies of the Romane religion) did not encrease, so that the parishes did not alwaies remaine parts of the tribes. Hence it followeth that all the Romanes had not power to suffrage in these assemblies, but those alone, who dwelt within the city: for no other could be of anie parish. The place where these assemblies were held, was the great hal of iustice called from these assemblies Comitium. Before these assemblies were held, it was required that some lawfull magistrate for some competent time before hand should solemnely proclaime them, and the thirtie serjants (each parish hauing for that purpose his serjant) should call the people together; as likewise three Augures or at least one should bee present to assure them by their observatiōs, either of the favor or displeasure of the Gods. Vpon these premises the matter was proposed vnto the people, who if they liked it, thē they proceeded vnto their election; if otherwise they disliked it, then did the Tribunus plebis intercedere .i. forbid their proceedings: wherevpon their assemblies were presently dissolved.

CHAP. 3.
De Comitijs Centuriatis.

AS those former assemblies were called Curiata à curijs, so were these called Centuriata à Centurijs. Servius Tullius caused a generall valuation of every citizens estate throughout Rome, to be taken vpō record together with their age: and according to their estates and age, he divided the Romanes into six great armies or bands which he called Classes; though in truth there were but fiue [Page] of speciall note: the sixt contained none but the poorer sort and those of no worth or esteeme. The valuation of those in the first Classis was not vnder two hūdred pounds, and they alone by way of excellency were termed Classici: and hence figuratiuely are our best and worthiest authors called Classici scriptores, Classicall authors. All the others though they were enrolled in the second, third, or any other Classis, yet were they said to be Infra classem. The valuation of the second band was not vnder seuen score pounds. The valuation of the third was not so little as an hundred pounds; of the fourth not lesse then forty pounds; of the fifth not lesse then twentie fiue pounds. The sixt contained the poorer sort, whom Horace calleth Tenuis census homines, men of small substance; and also they were called Proletarij, à munere officio (que) prolis edēdae, as if the only good that they did to the common weale, were in begetting of children: and sometimes they were called Capite-cēsi, that is such as paid either very little or nothing at all towardes subsidies, but only they were registred among the citizens as it appeareth bySig. de Rom lib. 1. cap. 4. Sigonius. These six great bands or armies were subdivided into hundreths called in Latine Cē turiae. The first Classis contained fourescore centuries of footmen, and eighteene of horsemen: the second contained twentie centuries of footmen, and two of workemen, which followed after to make military engins & weapons: the third also, as likewise the fourth contained twentie cē turies of footmen, but to the fourth were added two other centuries of trumpeters, drummers, and such like, who vpon iust occasion did Classicum canere, sound the alarme and vpon iust occasion did againe receptui canere, sound the retrait: the fifth Classis contained thirtie centuries of footemen: the sixt or last Classis contained one centurie: so that in all the six Classes were contained one hundred fourescore and thirteene centuries. Where we must note that al the centuries of footmen did consist the one halfe in every Classis of the younger sort, who were to make war abroad [Page] vpon the enimies; the other halfe of old men, who remained at home for the safety of the citie. All that hath beene hitherto spoken of these Centuriata comitia, may be collected out of Sigonius in the place aboue quoted. The chiefe cōmander of every centurie was called Centurio; the rod or tip-staffe, wherewith he did strike his souldiers to keep thē in aray, was called by Pliny, Centurionum vitis. So then we may perceaue, that those Centuriata comitia were those, wherein the people did giue their voices by centuries, or hundreds. Now the cēturies did not consist of those alone which had their places of habitatiō at Rome, but of certaine Municipall states also, & such colonies or other states, that couldRosin. Ant lib. 6. cap. 10. Plenum civitatis ius cū iure suffragij adipisci. Rosin. antiq. Rom, lib. 6. c. 16. Now the custome in old time was, that al these centuries should march in their armour after the magistrate which assembled them, into the Campus Martius, there to giue their voices. But this custome continued not long, for thereby they did disarme the citie, and giue their enimies (if any should assayle them in time of their assemblies) the greater advātage: for their greater securitie therfore, they appointed a flagge to bee hanged out vpon the mount Ianiculus, some few armed men standing there in watch & ward for the safegard of the citie: and when the assembly was to bee dissolved, then did the watch depart, and the flag was takē downe: neither could any thing after that bee determined; but if they cōtinued their assemblies, then did they proceed to the giuing of their voices, in old time thus. Those cēturies of the first Classis being the wealthier had the prerogatiue of suffraging first, and because this first Classis contained more centuries then all the rest, therefore, if they could agree among themselues, the other centuries were never asked their voices. This kind of suffraging being somwhat partiall in as much as the richer and wealthier being placed in the first Classis did oversway the elections against the poorer sort of people; thence did the after ages appoint that that cētury should haue the prerogatiue of suffraging [Page] first, vpon whom the lot fell. The other centuries were all calledRosin. antiq Rom. lib. 6. c. 20. Centuriae Iurevocatae, and did giue their voices not by lots (as the Tribus Iurevocatae did) but the elder and wealthier centuries did suffrage next after the prerogatiue centurie, accordingly as their place required.

CHAP. 4.
De Comitiis Tributis.

FOR the better vnderstanding of these assemblies by Tribes or wards, it will bee needfull first to learne, that this word Tribus in this place doth signifie a certaine region, ward, or locall place of the citie, or the fields belonging therevnto according to that,A. Gel. l. 15. cap. 27. Tributa comitia erant cùm ex regionibus & locis suffragabantur. It was so called either à tributo dando every several region or quarter paying such a tribute; or quia primò tres tantùm fuerunt, the whole citie being at first divided only into three regions, or wardes, each nationall tribe having his seuerall region or locall tribe to dwell in. The first nationall tribe called Ramnenses did in habit the mount Palatine, and the mount Coelius, & those two hills made the first locall tribe. The second nationall tribe called Tatienses did inhabite the Capitoll, and the Quirinall mountaine, which two mountaines made the second locall tribe. The third nationall tribe did inhabite the plaine betweene the Capitoll and the Palatine hill, and that plaine was called the third locall tribe. Of these tribes more is spoken in theVid. pag. 22. first division of the Romane people. Only here we must note thus much, that in processe of time after the citie was enlarged, and the number of the Roman citizens encreased, these locall tribes were also augmēted, so that they amoūted at the last to the number of 35. some of them being called Vrbanae, others Rusticae; Sig. de iure Rom. l. 1. c. 3. Vrbanae ab vrbis regionibus, Rusticae ab agri partibus erant nuncupatae. And of these two sorts the Tribus rusticae were accounted the more honourable. Moreover wee must remember, that a man might be reputed of this or that tribe, although hee [Page] had no place or habitation therein. Concerning the place where these Tributa comitia were had, sometime they fell out to be in the Campus Martius; sometimes in their great hall of iustice called Comitium; sometimes in the Capitoll; many times in other places, according to the discretion of the magistrate which caused these assemblies.

CHAP. 5.
De Candidatis.

IT shall not be impertinent to annexe some necessary observations touching the Romane petitors or suiters for bearing office: where we wil obserue these three phrases ambire magistratum, inire magistratum, and abire magistratu. The first signifieth, to sue for an office, the second to enter into the office, the third to depart out of the office. Againe the difference of these phrases, Conficere legitima suffragia, & Explere suffragia. Rosin. ant. Rom. l. 6. c. 20▪ The first signifieth to haue so many voices as the law doth require. The second signifieth to haue more voices then any other competitor, but not so many as the law requireth.

These persons were tearmed Candidati, à togâ candidâ, from the white gowne which they did weare, as appeareth more at largePag. 18. where we haue spokē De Romanâ togâ. That they might the easier procure the good will of the people, Rosin. Ant. Rom. l. 7. c. 8 these foure things were expected from them. First Nomenclatio, the saluting of every citizen by his name; for the better discharge of which, they had a certaine follower, which should, by way of prompting, tell every citizens name as he passed by, and hence this prompter was sometimes called Nomenclator, which word doth properly signifie a common crier in a court of Iustice, such as call men to their appearance, whence they had their name from Nomen & calo, an old latin word to call; sometimes Monitor; sometimes Fartor ab infarciendo in aures. Secondly, Blanditia, that is, a friendly compellation by the addition of some complementall name, as well met friend, brother, father, [Page] &c. Thirdly, Assiduitas, that is, an hote canvasing or soliciting men without intermission. Lastly, Benignitas, a bountifull or liberall largesse, or dole of mony called Cōgiarium from the measure Congius containing a gallon, because theirG. Trapez. in Phil. 2am. dole was at the first made of oile or wine distributed in those measures. Howbeit [...] any dole gift or larges in mony or otherwise is called cōgiariū. The distributors of this dole were calledSig. de iud. lib. 2. c. 29. divisores & Barth Latomus in orat pro M. Coelio sequestres, although sometimes sequester signified a briber or corrupter of a Iudge. Likewise their bounty or liberality consisted in providing great dinners, and exhibiting great shewes vnto the people, &c.

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Lib. 3. Sect. 2.
Of the Romane Magistrates.

CHAP. 1.
De magistratibus Romanis.

WE being to treate of the Romane magistrates will first see what the definition of a magistrate is. A magistrate is heSig. de iur. Rom. l. 1. c. 20. who receiveth by publique autority the charge and oversight of humane affaires belonging to the commō wealth. These Romane magistrates were either to be chosen only out of the better sort of Romanes, called the Patricij; or else onely out of the commonalty. Sig. de iure Provinc. l. 3. cap. 1. The first were thence called Magistratus patricij, the second Magistratus plebeij. The Patricij had power to hinder the assemblies of the people; namely their Comitia by observing signes and tokens from the heavens: howbeit some of them had greater power, others lesse; insomuch that some were called Maiores magistratus, quoniam habebant maiora auspicia .i.Fenest. de magist. Rom. cap. 1. magis rata. Others were called minores magistratus, quoniam habebant minora auspicia. Of these in their order.

CHAP. 2.
De Rege & Tribuno Celerum.

IN the infancie of Rome, it was governed by a king vntill Tarquinius Superbus his time, who by maintaining that shamefull act of his sonne towards Lucretia did so incense [Page] the people, that they did not only for the present exile him, but decreed that their city should never after that be governed by a king. This king had absolute rule & governement over the city. For the safety of his person he had three hundred chosen young men alwaies to be attendant about him, much like vnto our kings Maiesties Guard here in England, or rather his Pensioners. They were calledPlutarch. in Romulo. Celeres à celeritate, from their readines in assistance: sometimes they were called Trossuli, Plin. lib. 33. cap. 2. because they alone without the helpe of any foote-men did take a certaine city in Etruria called Trossulum. Other times they haue beene called Flexumines, wherof as yet there hath beene no certaine reason rendred. Each hundred of them had their severall overseer called Centurio: and over them al there was one generall overseer and chiefe commaunder, whom they called Praefectum vel Tribunum Celerum, his place being next to the king. A second sort of attendants about the king were called Lictores à ligando, according to that, Lictor colliga manus. They did somewhat resemble our Serjants there being in number twelue of them. Their office was to carie certaine bundles of birchen rods with an axe wrapped vp in the middest of them: the rods in latin were called Fasces, the axe Securis. Ioac. Camerarius in orat pro Flacco. The reason why they carryed both axes and rods was to intimate the different punishment that be longed vnto notorious and petty malefactors. The reason why they were wrapped vp togither was not onely that they might be thereby more portable,Immedicabile vulnus Ense recidatur &c. but that the anger of the magistrate might be somewhat allayed, whiles they were vnbinding. Hence because these Fasces virgarum & securium, did betoken honour and chiefedome in place & autority, by the figure synecdoche this word hath beene vsed to signifie honour and dignity, as Fascibus suis abrogatis, he being discharged of his magistracie or dignity.

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CHAP. 3.
De Senatu, & quis Princeps Senatus, & qui Senatores Pedarij?

TOuching the election of the Senators, the number of them, and the distinction of them into Senatores maiorum & Senatores minorum gentium, sufficient hath beene deliveredSup. p. 23. in the second division of the Roman people; as likewiseSup. p. 24. in the third division hath been shewne the habit or gowne, by which the Senators were distinguished from the Romane gentlemen. Here therefore it shall be sufficient for vs to vnderstand, that every solemne meeting or consistory of these Senators was called Senatus. The foreman of them (which could bee no other then such as had been either Consul or Censor, was called Princeps Senatus, and his opinion was alwaies first asked. Now among those that had borne those foresaid offices it was in the Censors power to make whom he would fore-man. The decree of this consistory was called Senatus-consultum. And manie times it is written with these two letters onely S. C. The place where this cōsistory was had they called Senaculum. None wasMart. Phi leticu [...]. in Cic l 1. ep. fam. 1. ordinarily admitted into the place of a Senator, before the fiue & twentieth yeare of his age: & of those that were admitted, some were allowed to ride vnto the Senate-house in a Curule chaire, others went on foote: Mart. Phileticus. ibid. whence these latter were called Senatores Pedarij. They determined their acts which they called Senatus consulta sometimes by departing downe their benches, & dividing thēselues into sides, those which did approue that which was proposed sided with the party who did Referre ad Senatum .i. propose the matter vnto the Senate; the others departed vnto the contrary side, or if they came not downe at all, but sate still on the benches, then did they signifie by holding vp or beckning with their hands what side they would take. Now if the maior part were easie to be discerned, then they rested there, tearming that act to be decreed [Page] Hubert. in Cic. lib. 1. ep. fam. 2. per discessionem: and hence these & the like phrases haue taken their beginning, In illius sententiam iturus sum, and Manibus pedibus (que) discedere in alicuius sententiam .i. to bee fully perswaded of ones opinion. Now if both companies were almost equall, so that the maior part could not easily be discerned, then did they proceed to giue their voices, & that which was thus determined was said to bee decreed per singulorum sententias exquisitas .i. by voices. Here wee may obserue that to those, who were favourably heard in Senate, His Senatus dari d [...]ebatur; andAscensius in Cic. l. 1. epist. fam. 4. likewise they were said, Stare in Senatu: as on the contrary they were said Iacere, whom the Senate neglected or rather cōdemned.Cic. orat. de arusp. respons▪ Cū mihi stanti iacens minaretur, saithRosin. Antiq. l 7. cap. 7. Tully. If any Senator were absent without a lawfull excuse, then was he fined, & for the payment thereof he did put in a pledge, which if he did not ransome, then did the common Treasurer Caedere vel concidere pignora .i. straine or seaze vpon the pledges, making common sale thereof, in which sense those two phrases are vsed, namely, capere pignora, & auferre pignora, .i. to straine or seaze vpon a mans goods.

CHAP. 4.
De Consulibus.

AFter the expulsion of Tarquinius Sup. the last Roman King, all the citizens in Rome assembled, and concluded that the government of their city, which before was in the hand of one alone governour, called their King, should now bee divided betweene two:Rosin. ant. Rom. l. 7. c. 9. whom at first (before there was any such subordinate office as a Praetorship) the Romanes called Praetores, quod praeirent populo. Not long after they were called Iudices à iudicando. In processe of time they were known by no other name then Cō sules à consulendo populo. Cic. orat. Philid. 5. No citizen, was ordinarily created Consull before the forty third yeare of his age. Neither might any be chosen without speciall dispensation either of their absence out of Rome, Suet. Iul. Caes. cap. 18. or in time of their triumph [Page] which was the reason that Iulius Caesar was glad to forgoe his triumph at that time, when hee was Consul with Bibulus. The signes or tokens of this Consular dignitie were the twelue Lictors carying their bundles of rodds & axesAlex. Gen. dier. lib. 3. c. 3. the first month before one Consul, & the second before the other; as formerly they had done before their Kings.Fenest. de magist. Rom. The reason why each Consul had not twelue Lictors alwaies, was because the tyranny of the Consuls might then seeme to be doubled and to exceed the tyranny of the Kings: another token was a certaine chaire of estate called Sella [...]burnea .i. an yvory chaire, so called from the matter whereof it was made, andA. Gell l. 3. cap. 18. because this chaire was commonly caried about in a certaine coach or chariot, wherein the Consul did ride, hence from Currus which signifyeth a chariot, it is also called Sella curulis: whereStadius i [...] Flor. l. 1. c. 5. note that this word Curulis is sometimes vsed substantiuely, & then it signifieth some chiefe magistracy or office amongst the Romanes. The gowne, by which they were distinguished from other magistrats or private men, was a certaine purple gowne, which from the great embroadred workes was called Trabea, and hee that did weare it was thence called Trabeatus, according to that, Trabeati cura Quirini. It will be worthy our observation to note, that the Romanes did date their deeds and charters in old time by naming the yeare wherein their citie was first founded; as to say Abvrbe condita the twentieth, thirtieth, or fortieth yeare, &c. But in processe of time their manner of dating was by subscribing the names of their present Consuls: as to say, such a thing was determined L. Valerio, M. Horatio Consulibus, such and such being Consuls. Whence Suetonius speaking of Iul. Caesar, saith, he was appointed to be Flamen Dialis, sequentibus consulibus .i. the next yeare following. Those alone who had borne the office of a Consul, not every one that was capeable thereof were said to be Ʋiri consulares. I. Tislinus in orat. Cic. pro Coelio. At the first those who were created Consuls remained in their office the space of an whole yeare, being designati ad [Page]consulatum vpon the twentie fourth of October.P. Ramus in orat. Ca [...]il. 1. At consulatum non inierant ante Calendas Ian .i. the first of Ianuary. The reason of this chasme, or interim betweene their designation vnto their office, and their entry into it, was (as we may probably coniect) that the competitors might haue some time to enquire de Ambitu .i. whether there was no vndirect and vnlawful meanes vsed in their canvassing. In processe of time either by voluntary resignation or deposition or death many Consuls haue beene chosen in the same yeare, and they were calledFr. Sylvius in Cic. Orat. pro Muren. Non ordinarij, & suffecti Consules. At such times all their deedes were dated by the names of the two first Consuls which began the yeare: whence those two first, and likewise all those that continued in their office the whole yeare were calledRosin. ant. Rom. l. 7. c. 9. Consules Honorarij, and Consules Ordinarij.

CHAP. 5.
De Censoribus.

THE Consuls finding themselues encombred with so many businesses of a different nature, did by consent of the Senate choose two peculiar officers called Fenest. de Magist. Rom. cap. 17. Censores à censendo; because they cessed and valued every mans estate, registring their names, and placing them in a fit century. For it did concerne the Romanes to knowe the number, and likewise the wealth of their people, to the end they might be informed of their owne strength, & so shape their course accordingly, either in vndertaking warres, transplanting Colonies, or in making provision of victuals in time of peace. A second and maine part of their office was in reforming manners to which end they had power to enquire into every mans life. This part of their autoritie was noted out vnto vs by this phrase being called Virgula censoria. If any one had plaied the ill husband, & neglected his farme, or left his vine vntrimmed, the Censors tooke notice thereof. They did Senatu & Tribu movere .i. They did depose Senatours, and pull downe men from a more honorable [Page] Tribe to a lesse honourable. They did punish Capitis diminutione .i. with losse of freedome: and that was threefold I. Tis [...]in. in Cic. orat. pro A. Coecinna. Maxima, Media, & Minima. The least degree of disfranchising was the pulling of a man downe from an high Tribe to a lower. Diminutio media, was an exilement out of the city without the losse of ones freedome. It isI. Camerar. in orat. Cic. pro Muren. commonly set downe in this forme of words, Tibi aqua, & igni interdico. Diminutio maxima was the losse of ones Tribe, city, and freedome. These Censors were reputed of the best rancke of Magistrats in Rome: they remained in their office an whole fiue yeares space ordinarily. I say ordinarily, becauseFenest. de Rom. magist. cap. 7. through the abuse of their place, the office hath been somtimes made annuall.Pomp. Laetus de Rom magist [...]. de Censor. That fiue yeares space the Romanes did call Lustrum, because they did once in every fiue yeares revolution Lustrare exercitum Romanum, by sacrifice purge the Romane army. Hence we say duo Lustra, 10 yeares; tria Lustra, 15 yeares, &c. The performance of this Lustration belonged also vnto the Censors: for after the Censors had performed the one part of their office in registring the iust valuation of every citizens estate,Panciroll. [...] rerum depe [...]di [...]arum [...] de [...] capiendi modo. they did lead a Sow, a Ramme, and a Bull three times about the army, and in the end sacrificed them to Mars: and thus to purge an army, is condere Lustrum; though sometimes condere lustrum doth signifie, to muster an army. These sacrifices, as likewise all others of the like nature, that is, wherein there was a Sow, a Ramme, and a Bull sacrificed, were tearmed sometimesAlex. Gen. dier. l. 5. c. 27. Suovetauralia, somtimes Solitauralia, sometimesPomp. Lae tus de mag. Rom. cap. de Censor. Taurilia. Moreover it did belong vnto these Censors to farme out the tributs, imposts, tollage, &c.Pancirol. l. rerum deperdit. cap de ci bi capiendi modo. At the fiue yeares end, the acts of both their Censors were registred vpon bookes of record, which records were laid vp in a certaine religious house dedicated to the Nymphs. WhenceCic pro Milone. Cicero speaking of Clodius, saith, Qui aedem Nympharum incendit vt memoriam publicam, incensis tabulis publicis impressam aboleret.

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CHAP. 6.
De Praetoribus.

THe Consuls by reason of their many troubles in war, having no time to administer iustice vnto the Romane people, did for their better help therein create two new officers for the executing of iustice, the one to examine and iudge of matters within the city between citizen, and citizen; the other to decide controversies betweene forreiners: The first theyPighius aequipet. comp called Praetorem vrbanum, and Praetorem maiorem; the other Praetorem peregrinū, & Praetorem minorem: we may english them Lord-chiefe-Iustices. Where we must note that at the first there was only the Praetor Vrbanus, vntill the cases and suits in law became so many, that one was not sufficient to heare them all:Alex. Gen. dier. l. 2. c. 15. yea at last the number of the Praetors came to sixteene: namely when those two were added for the providing of corne and graine: whence they were called Praetores cereales; Fenest. de mag. Rom. cap. 19. nay there were at last eighteene Praetors, there being two others added to iudge of controversies touching feofmēts of trust called thēce Praetores fidei cōmissarij. Fr. Sylvius in orat. pro Muraen. Causarū duo genera sut: aliae privatae, aliae publicae; has criminosas, illas civiles appellant. In those cases which were private .i.I Saxonius in Cic. orat. pro S. Roscio touching equity and vprightnesse of any act or the restitution of any mony or goods vnlawfully detained from the right owner, it belonged principally vnto theRosin. antiq. lib. 7. c. 11. two first Praetors to iudge:I. Saxonius ibid. but vnder them vnto the Centumviri, who often times are called by Tully, Recuperatores, & Iudices hastae; the court Hasta centūviralis; because one of the marks and speciall ensignes was a speare erected vp in the place the court was kept. Those cases which were publique or criminall, as treason, murder, buying of voices in the canvassing for offices, &c: were called also, causae capitales, and capitis dimicatio .i.Fr. Sylv. in orat. pro Mur such cases wherein if the party accused had bin found guilty he was capite damnatus: by which phrase we must not vnderstand alwaies Vltimum suppliciū,[Page]sed aliquando exilium: quo scilicet caput .i. civis eximitur à civitate. Rosin. antiq. l. 9. c. 18. These cases at the first were heard by the kings & Consuls; afterward by certaine appointed therevnto by the people, being called from their inquisition quaesitores parricidij. In continuance of time the examination and hearing of these publique cases was turned over vnto certaine magistrates, who because they were to continue their office a full and entire yeare (whereas the others had their authoritie no longer then they sate in iudgement) were thence for distinction sake called Praetores Quaesitores, and the cases were tearmed Quaestiones perpetuae: Rosin. antiq. lib. 7. c. 11 because in these cases there was one set forme of giving iudgement perpetuallie to remaine; wheras in those private or civil causes the Praetor did commonly every yeare change the forme of giving iudgement by hanging vp new edicts.Rosin Ant lib. 6. cap. 18. Here we must note that these Quaesitores Parricidarum, otherwise called Praetores Quaesitores, had not the examination of all publique cases, but sometimes vpon extraordinary occasions either the Consuls, the Senate, or the people themselues would giue iudgement. Now as those former Praetors had a speare erected vp, whereby their court for private causes was knowne; so had these Quaesitores a sword hanged out in token of their court.Sig. de iud. lib. 1. cap. 7. Praetorum insignia duo fuere, hasta, & gladius; illa ad iurisdictionem, hic ad quaestionem significandam. The officers which did attend these Praetors were Scribae .i. certaine notaries much resembling the Clearkes of our Assises, their offices being to write according as the Praetors or chiefe Iustices did bid them, taking their name à scribendo. The second sort were called Accensi ab acciendo, from summoning, because they were to summon men to their appearance. They much resembled our bayleiffes errant. The third sort were lictores, of which before:Fenest. de Rom. magist. cap. 19. The authority of the vrbane Praetor was so increased in time, yea his honour was such, that whatsoever hee commaunded, it had the name of Ius honorariū. P. Pellit. in Cic orat. pro A. Coecinna. Others are of opiniō that onely the Praetors edict was that Ius honorariū, Pighius Aequipet comp. the Praetor[Page]Vrbanus being wont at the entrance into his office to collect a set forme of administration of iustice out of the former lawes and severall edicts of former Praetors, according vnto which he would administer iustice all the yeare following. And vnlesse the people might be ignorāt of the contents thereof, he caused it to be hanged vp to the publique view. This forme of iustice was tearmed Edictum, ab edicendo .i.P. Pellit. in Cic. orat. pro A. Caecinna. imperando; because thereby hee did command, or forbid something to be done. Whence Pellitarius in the place now quoted doth translate consulum edicta, Mandatory letters, that it might be distinguished from other magistrates edicts. It was commonly called Praetoris edictum. And as Pighius observeth in the place aboue quoted, it was called edictum perpetuum; not absolutely, because the vertue thereof was perpetuall (for that expired together with the Praetors office, and thereforeCic. in. Verrin. 2. Tully calleth it legē annuam:) but in respect of other edicts made in the middle of the year vpon extraordinary and vnexpected occasions, which latter sort of EdictsCic. in Verrin 5. Tully calleth peculiaria & nova edicta. AfterwardeSigon. de iudic. lib. 1. cap. 6. Salvius Iulianus collected an Edict out of all the old edicts of the former Praetors, wherein almost all the whole civill law was contained and this was called properly Edictum perpetuū, because that all the Praetors ever after did administer iustice according to that Edict by the appointment of Hadrianus being then Emperour. The edict being given out, the administration of iustice consisted in the vse of one of these three words, Do, Dico, & Addico .i.I. Camerar. in Cic. orat. pro. Flacco. Dat actionem, Dicit ius, Addicit tā res, quàm homines. For explanation whereof we must knowe, that this worde Addico is sometimes verbum Augurale, sometimes Forense, sometimes a tearme of art belonging vnto the discipline of the Augures, and so the birds are said Addicere, when they shew some good and lucky token, that the matter consulted about is approved by the Gods; the opposite herevnto is Abdicere. Sometimes this verbe Addico is a tearme of law signifying asM. Toxita in orat. pro Pub. Quint. much as to deliver [Page] vp into ones hands, or into ones possession: whence we doe not onely call those goods that are delivered by the Praetor vnto the right owner Bona addicta, but those debtors also which are delivered vp by the Praetor vnto their creditors to worke out their debt, are tearmed servi Addicti: yea moreover because in all port-sales it was necessary that the Praetor should Addicere bona deliver vp the goods sold: hence doth this word often signifie to sell, as Addicere sanguinem alicuius, to take mony to kill a man, to sell a mans life. Touching the reason of their name they were called Praetores à praecundo, quoniā iure prae [...]bāt. AndFr. Maturantius. in Philippic. 13. those alone were properly tearmed viri Praetorij, which had borne this office, not they which were capeable thereof: in the same sense we say Ʋiri censorij and viri Aedilitij, &c.

CHAP. 7.
De Imperatoribus, Caesaribus, sive Augustis.

VVHen C. Iulius Caesar had overcome Pompey his sonnes in Spaine, at his returne to Rome the Senate welcomed him with new invented titles of singular honour, styling him Pater patriae, Consul in decennium, Dictator in perpetuum, Sacro sanctus and Imperator: all which titles were afterward conferred vpon Octavius Caesar; and all the Emperours succeeding desired to be called Imperatores & Caesares from him. Where we must vnderstand that this name Imperator was not altogether vnknown before, for by that name the Romane souldiers were wont (even at that time) to salute their L. Generall after some special cō quest. Servius Aen. lib. 6. These Romane Emperours were afterward called also Augusti from Octavius Caesar whom when the Senate studyed to honour with some noble title, some were of minde that he should be called Romulus, because he was in manner a second founder of the city. But it was at length decreed by the advise of Manutius Plancus, that he should be styled by the name of Augustus: which we may English Soueraigne, and they counted this a name of more reverence [Page] and maiestie then that former name of Romulus, because all consecrated and hallowed places were called Loca augusta. The authoritie of these Emperours was very great, even as great as the Kings in former times.

CHAP. 8.
De Principibus iuventutis Caesaribus, & nobilissimis Caesaribus.

ARosin. ant. l. 7. c. 13. custome was receaued amongst the Romane Emperours in their life time to nominate him whom they would haue to succeed them in their Empire: & him they called Princeps iuventutis Caesar, and Nobilissimus Caesar. The like custome was practised by Charles the fifth Emperour of Germany, and so hath beene continued by his successors; namely, that one should be chosen whom they called Rex Romanorum, who should be so farre invested in the title to the Empire by the meanes of the present Emperour, that vpon the death, resignation, or deposition of the then being Emperour, he immediatly should succeed.

CHAP. 9.
De Praefecto vrbis.

ROmulus for the better government of the city appointed a certaine officer called Vrbis Praefectus to haue the hearing of all matters or causes betweene the master and the servant, betweene orphanes and their overseers, betweene the buyer and the seller, &c. Afterward in time of the Romane Emperours this Vrbis praefectus did assume vnto himselfe such authoritie, that hee would examine and haue the hearing of all causes, of what nature soever, if they were Intra centesimum lapidem, within an hundred miles of Rome (forDespaute [...]us in sua syntaxi. Lapis in old time signifyed a mile, because at every miles end a great stone in manner of a mark-stone was erected.) In the absence of the King or Consuls, he had all authoritie which belonged vnto them resigned vnto him. I am not ignorant, that some doe make [Page] this latter kind of praefecture or Lieuetenantship a differēt office from the former: but I should rather thinke them to be one and the same, only his authoritie to bee more enlarged in the Kings absence, and of this opinion doe I finde Fenestella, Alexand. Neop. andSig. de iure Rom. l. 1. c. 20. Sigonius.

CHAP. 10.
De Decemviris legibus scribendis.

FOR the better administration of iustice theFenest. de mag. Rom. cap. 14. Romanes appointed three men, namely those who were reputed the gravest and wisest amongst them to goe to Athens there to pervse the Grecian lawes, to the intent that at their returne, both a supply might bee made of those lawes that were wanting in Rome, and the other which were faultie might thereby be rectified and amended. At the returne of those three men, the Consuls were deposed, and both their authority and ensignes given vnto these Decemviri. The lawes which they brought from Athens were written at first in ten tables of brasse: afterward two other tables were added. At which time those lawes began to be knowne & distinguished from others by the name of Leges 12 tabularum. And according to those lawes iustice ever after was administred to the Romane people. At first by these ten mē appointed therevnto, whose autority was as large even as the Kings and Consuls, in old time only it was annuall: one of them only had the ensignes of honor caried before thē; one alone had the authoritie of convocating the Senate, confirming their decrees and the discharge of all state businesses. Rosin. ant. Rom. l. 7. c. 19 The other did little differ from private mē in their habit; only when the first had ruled a set time, the others succeeded by turnes. This kind of government did not continue long in Rome, for in the third yeare all their power was abrogated, because of their tyranny and oppression vsed by them towards the Romane people.

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CHAP. 11.
De Interregia potestate.

AFter the death of Romulus Dion. Halicar. l. 2. the Senators divided thē selues into several companies called Decuriae comitting the governmēt of the kingdome to that Decury .i. to those ten men vpon whom the lot fell, calling thē the Interreges: where we must knowe, that these ten did not rule altogether, but each man ruled for the space of fiue daies, whenceRosin. lib. 6. cap. 16. Rosinus calleth this magistracy Magistratum quin queduanum. After that fiue daies government had passed through the first, then did they goe to lots to haue a second decury chosen, and so a third, &c. This office of an Interrex remained even in the Consuls time, so that if by some extraordinarie occasion the Consuls could not bee created,Alex. Gen. dier. li. 5. c. 6. then they chose one to whom alone they committed the whole governement of the kingdome, and him they called Interregem.

CHAP. 12.
De Dictatore.

VVHensoever the Romanes found themselues encombred with dangerous warres, or any other eminent dangers, they presently chose a Dictator, to whō alone was committed the authority and rule of the whole kingdome, differing from a King onely in respect of his name, & the continuance of his office. Touching his name he was so called, quoniam dictis eius parebat populus. His office continued but six months and at the expiration thereof if need required he was chosen againe for another six months. He was also calledPighius in Tyrannif. Populi Magister, in as much as none could make their appeale from him vnto the people. As soone as himselfe was established in his office hee chose a subordinate officer whom he calledStadius in Flor. l. 1. c. 11. Equitum magister: his authoritie much resembled his whom they called Vrbi praefectum: for as the Praefectus vrbi in the absence of [Page] the absence of the king, so this Magister Equitum in absence of the Dictator had full and vncontroleable authoritie of doing what he would.

CHAP. 13.
De Tribunis militum.

THeseRosin antiq. lib. 7. c. 20. military Tribunes were of two sorts. The one had all power and authoritie, which beelonged vnto the Consuls; and thence were called Tribuni militum consulari potestate. The occasion of them was this: The protectors of the commons called Tribuni plebis did earnestly labour that the commonalty might bee made as capeable of the cōsular dignitie as the Nobility:Rosin. ibid. This was followed so hot that in the end though the nobilitie would not graunt them way vnto that dignitie vnder the name of Consuls; yet in effect they would grant it them. Namely the Consuls should be deposed, and in their steed other magistrats should be chosen; part out of the the nobility, part out of the commonalty, who though they were not called Consuls, but Tribuni, yet were they of Consular authoritie: By which they were distinguished from the other sort of Military Tribunes, who had power and authoritie only in matters military, and were known by the name of Tribuni militum without any addition.Alex. Gen. dier. lib. 6. c. 18. Sometimes there was one of these 3. words praefixed Rutuli or Rufuli, Suffecti and comitiati; not therby to intimate vnto vs any distinction of office or place, but to signify their manner of election. For if they were chosen by the Consuls, then were they called Tribuni Rutuli or Rufuli, because they had their authoritie confirmed vnto them by vertue of an act or law preferred by Rutilius Rufus, when he was Consul. If they were chosen by the souldiers themselues in their campe, then were they called Tribuni fuffecti .i. Tribunes substituted or put in the place of another. Whence we may cōiect that the souldiers were not permitted to make any electiō, but in time of need, when their former Tribunes were taken [Page] from them by some violent or vnnaturall death. The last sort called Comitiati were so called because they were chosen by the Romane assemblies called in Latine Comitia. They were named Tribuni, because at the first institution of them (whether we vnderstand the Consular Tribunes or this latter sort) there were but three of each. In processe of time notwithstanding I find the number not only of those Consular Tribunes, Rosin. Ant. lib. 7. cap. 20. but of those other also to haue beene encreased to six accordingly as the thousands in a legion were multiplied. These latter sort of Tribunes, in respect of their military discipline which was to see the souldiers being faultie to bee punished, wee may english Knights Martiall: In respect that their authoritie was over footmē only, we may english them Seriants maior: only this difference there was, to every thousand of footmen in any legion; there were as many military Tribunes vnder their chiefe commander called Imperator. But in our english armies there is but one Seriant maior, who alone vnder the L. Generall hath command over all the footmeen, be there never so many thousands.

CHAP. 14.
De Triumviris Reipub: constituendae.

THis tyranny of the Triumviratus began by a conspiration betweene Augustus Caesar, Antonius, & Lepidus. For these three vnder the pretence of revēging Iul: Caesar his death obtained chiefe power and authority for the space of fiue yeares thorough out Rome, Fenest. de magist. Rom, cap. 21. pretending that they would settle the common wealth, which at that time by reason of Iul: Caesars death was much out of order. Those fiue yeares being expired, they refused to resigne their authority, exercising excessiue cruelty towards all the Romanes of what degree soever.Suet Octa. Aug. cap. 27. This kinde of governement remained but ten years, neither ever were there any other then those three aboue named. They had power to enact any new law, to reverse any former Act without [Page] the consent of the Senate, or commons. They might prescribe and bannish any Romane at their pleasure; and as often as we read de Triumvirat [...] simply without any adiunction, or de Triumvirat [...] Senatus legendi, wee are to vnderstand it of this, though some vpon vnsure grounds doe disioine them.

CHAP. 15.
De Quaestoribus ararij.

THis office of the Quastors seemeth not vnlike to a publique Treasurers, which collecteth the subsidies, customes, mony, yearely revenues, and all other paiments belonging to any state or corporation. And hence Fenest. de Rom. mag. c. 3. quoniā publicae pecuniae quaerendae praepositi erant, they took their name Quaestores: Sometimes they are called Quaestores Ʋrbani, to distinguish them from the provinciall Quaestors, which bare office in the Romane provinces: somtimes they are called Quaestores aerarij, to distinguish them from those that were called Quaestores parricidij, or rerum capitalium, of which you may see more in the tract de Praetoribus. Sig. de iure Rom. l. 2. c. 8. Lastly they were called Quaestores aerarij, to distinguish them from the Tribuni aerarij .i. those Martiall treasurers, or Clarkes of the band, which did receiue the souldiers pay from these city-Treasurers, and so pay it to the souldiers. The office of these city-Treasurers (then being at first but two) was to receiue al the city-accounts; to disburse at all occasions of publique expenses; to take an oath of him that the souldiers had saluted by the name of Imperator, that he had truely informed the Senate both of the number of enimies slaine, as also of the number of citizens lost: otherwise he might bar the Emperour of his triumph. Moreover whatsoever spoiles were taken in warre they were delivered vp vnto these citty-Quaestors, and they selling them laide vp the mony in the great Treasure-house called Aedes Saturni.

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CHAP. 16.
De Tribunis Plebis.

THeI. Rosa. in Epit. rerum Rom. Romane commonalty finding themselues oppressed by the wealthier sort, departed vnto the Aventine mount, threatning the Romane nobility, that they would forsake their city, and never againe adventure them selues in war for the defence thereof; vnlesse they did finde some release and casement from those excessiue payments of vse and interest vnto their creditours: yea beside the remission of their present debts, before they would returne vnto their city again, they would haue certaine magistrats chosen, which should beRosin. Ant. l. 7. c. 23. Sacrosancti .i. such as might not be hurt or violently vsed, not so much as in words: and if any had violated that law, whereby they were made Sacrosancti, then was he accounted homo sacer .i. an excommunicate person, or such an one whose soule should be vowed vnto some God; insomuch that if any after had killed him, he should not be lyable vnto iudgement:Alex. Gen. dier. l. 6. c. 14. quoniam illius anima dijs devota amplius humani commercij non sit. To these Rosin. ant. lib. 7. c. 23. magistrats the protection of the commons was committed, who because they were at first chosen out of the Military Tribunes, therfore did they alwaies retaine the name of Tribunes, being called that they might be distinguished from the others, Tribuni Plebis, Protectours of the commons. At the first institution of them they were in number but 2, asPighius in suo Tyranni fug. some haue thought:Pomp. Laetus. Others say fiue: afterward (as it is yeelded by al writers) they encreased vnto tē. Their autority at first consisted chiefely in this, that they had power to hinder any proceedings in the Senate, which they thought might proue preiudiciall vnto the commons; so that they had not autority to enact any new decrees, as afterward by abusing their authority they did.Stadius in Flor. lib. 3. c. 2. Sed eorū autoritas magis in intercedendo, quàm iubendo. And hence was it that in old time these protectours of the commons were not permitted to come into the Senate: butPighius in suo Tyranni fug. they sate with [Page] out at the dore, whether whatsoever was determined with in the Senate was sent vnto them, to be pervsed by them, and if they did approue it, then did they subscribe a greate Romane T being the first letter of this word Tribuni. Rosin. ant. lib. 7. cap. 23. [...] The houses of these Tribunes stood open night and day, as a cōmon refuge or place of succour for all that would come; Pighius in suo Tyranni-fug. neither was it lawfull for them to bee absent out of the towne one whole day through out the yeare.

CHAP. 17.
De Aedilibus, & Praefect [...] annonae.

VVE may read of three sorts of Romane magistrates called Aediles; the two first had their names ab aedibus curandis, having in their charge to repaire both temples & private dwelling houses which belonged vnto the city. The first sort were called Aediles curules, â sella curuli, from the chaire of state, wherein it was permitted them to ride; and these were chosenPhilet. in l. 2. Cic. epist. fam. 10. out of the Senators. The second sort were called Aediles plebeij, and they were added vnto the former at the earnest suit of the cōmons, they being to be chosen out of them. Where we must note that they were not so added that both sorts should rule at one & the selfe same time,Alex. Gen. dier. l. 4. c. 4. but that the Curules should rule the one yeare, and the Plebeij the other. To these Aediles it did belong, beside the reparation of temples and private houses, to looke vnto the weights & measures in cōmon sale: for they had power to examine Actiones redhibitorias, that is, such actions, by vertue of which he that had sold any corrupt or sophisticated wares, was constrained to take them againe. Moreover they had the charge of the publique conduits or water conveyances, of provision for solemne plaies, &c. Of the third sort there were also two, who were in a manner Clarkes of the Market.Alex. Gen. Ibid. For vnto them belonged the looking vnto the victuals sold in the market, and corne: Whence they were called by them Aediles cereales; &Pighius in suo tyrannif. by the Greekes [...]. This office, for [Page] ought that can bee collected out of those that treate of it, differeth but little from his, whō the Romanes called Annonae Praefectum; onely this, the Aediles Cereales were magistratus ordinarij; the Praefectus extraordinarius, namely, Rosin. antiq. l. 7. c. 38. such as was chosē only in time of extraordinary dearths; he having for that time larger authority then those ordinarie clarkes of the market. For as it appeareth by Rosinus in the place now quoted, this Praefectus had power of himself to examine all such cases or questions as should arise touching the dearth: as suppose we hoarding of corne, forestalling the market, &c.

CHAP. 18.
De Triumviris.

BEside that Triumviratus Reip: constituendae, of which we spake before, there were divers kindes of Triumvirates; namely Triumviri capitales, three high Shireiffes, who had the charge of prisons and were to see malefactors punished: for which purpose eight Lictors did attend thē. There were alsoAlex. Gen. dier. l. 3. c. 16. Triumviri Mensarij, three mē, we may tearme them Bankers, who had autoritie to pay out of the common treasury poore mens debts. Sometimes there were appointed fiue to this office, whence they were called alsoI. Camerar. in orat. Cic. pro Flacco. Quinqueviri Mensarij, both being called Mē sarij from Mensa, a table, whereon they told their mony. Another sort of Triumviri there were appointed to presse souldiers, whence they were called Triumviri conquirendi iuvenes idoneos ad arma ferenda. Wee read also of certaine Triumviri, which were elected as chiefe captaines to guid and conduct the people in trans [...]lanting colonies; and thence were they named Triumviri Coloniae deducendae: but sometimes for this purpose they elected seaven, ten, or twentie, and so named them Quinqueviri, Septemviri, Decemviri, and Ʋigintiviri Coloniae deducendae. Three other sorts of Triumviri remaine, which were offices of small account; as the Triumviri monetales, three Masters [Page] of the Mint, who thence were called Triumviri A.A.A. F.F. .i. Auro, Argento, Aere, Flando, Feriundo; for they had the charge of coyning the mony. Secondly, Triumuiri valetudinis, Three Pest-men, which were to oversee those that lay infected with any contagious sicknesse. Thirdly, Alex. Gen. die [...]. l. 3. c. 16. Triumviri nocturni, three Bell-men which were to walke the towne at night, and to giue notice of fire.

CHAP. 19.
De praefectis Aerarij.

AƲgustus Caesar desiring for the better safetie of the citie to maintaine many bands of souldiers, which should alwaies bee in readinesse for the defence of the citie, desired of the citie an yearly subsidie for the maintenance of those souldiers: but being denied it, hee built a certaine Treasure-house, which hee called Aerarium militare, whereinto he cast his mony for himselfe, & Tiberius; and promised to doe so every yeare. Afterward when hee saw the Treasury not to be enriched enough, either by that mony which himselfe bestowed, or by the contributions of others, he appointed that the twentieth part of all inheritances and legacies (except it were to the next of the kin, or to the poore) should fall vnto this Treasurie. For the charge & custody hereof he appointed three of those souldiers, which alwaies attended about him for the safegard of his person, calling them Praefectos Aerarij.

CHAP. 20.
De Praefecto praetorio.

ALL captaines and governours to whom the rule of an army belonged were in ancient time calledPancirol. in notitiam imper. orient. cap 5. Praetores; This word Praetor signifying then three chiefe officers among the Romanes: First a Consul; secondly a L. chiefe Iustice; thirdly a L. Generall in warre; all of them being calledPighius in Aequipet. compos. Praetores, quasi Praeitores qurniam iure & exercitu praeibant. Answerable to which threefold acception [Page] this word Praetorium hath three severall significations: sometimes it signifieth a Princes palace or manour house; sometimes a great hall or place where iudgment was wont to be given; and lastly the L. Generall his pavilion in the campe;Asconius in Verrinam 3. from which last signification it is that those souldiers that gaue attendance about that pavilion for the gard of their captaines person are sometimes called Milites Praetoriani, sometimes Cohors praetoria; Christr Fr. Sylvius in Catil. 2am. and hee to whom the oversight of these souldiers was committed was thence called Praetorio praefectus.

CHAP. 21.
De Advocato fisci.

FOR the right vnderstanding of this office wee must first note a difference betweene these two wordes, Aerarium, and Fiscus. Aerarium was a common treasury belonging vnto an whole state or corporation, whēce all publike and commō expences are to be supplied. Fiscus was the Kings or Emperors private coffers: it may be englished the Kings Exchequer. The keeper thereof was called Advocatus Fisci. There are many other pettie offices with in the citie, which I haue purposely omitted, because there is but seldome mention of them in old autors; and as oftē as they are mentioned, their names doe explaine their office.

CHAP. 22.
De praecipuis magistratibus provincialibus.

OVer the Provinces at first ruled certaine magistrats sent from Rome by commission from the Romane Senate, called Praetores, whose office was to administer iustice vnto the Provinciall inhabitants: yea, and if occasion served, to make warre also vpon their enimies; & this was the reason that the number of the Praetors did so increase alwaies, namely accordingly as the number of [Page] Provinces did encrease. The warres and tumults in the Provinces sometimes were so great, that the Praetour was not sufficient both to manage warre and execute iustice: wherevpon the Senate thought fit to send another magistrate into the Provinces, whom they called a Consul, because properly the managing of warre belonged vnto the Consul. So that there were at first two ordinary Provinciall magistrates, a Consul to manage warre, and a Praetour, or L. chiefe Iustice to sit in iudgement. And if these two by a second grant from the Senate did continue in their office aboue the space of an yeare, then were they called Proconsules, & Propraetores. But in processe of time this custome was altered. For then none could bee Proconsuls, but those alone who had beene Consuls in Rome; neither could any be Propraetours, which had not beene Praetors at Rome. Their manner being, that the next yeare after the expiration of their offices in Rome they should departe into some certaine province to beare the same offices againe being not called Consules or Praetores as before, but Alex. Gen. dier. l. 3. c. 3. Proconsules & Propraetores; and for this cause alwaies, so soone as the Consuls had beene created, the Senate did appoint certaine Provinces for the Consuls, which being appointed the Consuls did either agree between themselues, who should go to the one, who to the other; and that was tearmed comparare provincias; or else they did decide the question by lots, and that was tearmed sortiri provincias; howbeit sometimes the Senate did interpose their autority, and dispose the same. Vnder the Emperours the governours of some Provinces were appointed by the Senate, & the people, and those were called Proconsules, and the Provinces, I. Camerar. pro L. Flacco Provinciae Consulares, others were appointed by the Emperours, and they were called Propraetores, and the Provinces Praetoriae Provinciae. For all this, which hath bin noted touching the Provinciall Magistrates, it is almost verbatim translated out ofRosin. Antiq. l. 10. c. 24. Rosinus. To which we adde this, namely that every Proconsul and Propraetor did vsually [Page] choose a Lieuetenant such a one as should bee assistaunt vnto him in matters of governement,Pomp. Laetus de magist. Rom. whom they called Legatum. So that this word Legatus signified three several Magistrates amongst the Romanes, two whereof may bee proved out ofSig. de iure Prou. l. 2. c. 2. Sigonius; first that it signified such a Lieuetenant or L. Deputy vnder a Proconsul or Propraetour in a Province: secondly, that it signified such a one as is imploied in the delivery of a message or embassage from one Prince or State to another: we commonly call them Embassadors. Rosin. ant. Rom. l. 10. c. 7. Lastly it signified a Lieuetenant or chiefe captaine in warre, whose place was next vnder the L. General. Moreover every Proconsul and Propraetour had with them certaine Treasurers, called Quaestores Provinciales. These provinciall treasurersSig. de iure Prov. l. 2. c. 3. were chosen by the Romane people commonly, namely such a number as the number of Provinces did require. After the election they between themselues did cast lots who should go vnto the one, who vnto the other Provinces:Sig. ibid. sometimes extraordinarily by vertue of speciall Act or decree this or that speciall man hath obtained this or that Province without any lottery. By the way we must note, that all Provinciall Quaestors could not be called Proquaestores, as all Provinciall Consuls and Praetours were called Proconsules & Propraetores. Rosin. ant. Rom. l. 7. c. 45. For these only were called Proquaestores, which did succeede these Provinciall Quaestors, when they did either die in their office or depart out of the Province, no successor being expected from Rome: at which times it was lawfull for the Proconsul or Propraetor to choose his Proquaestor. Moreover there were beside these Legati & Quaestores Sig. de iure Prov. l. 2. c. 2. other military officers; such as are the Tribuni militum, Centuriones, Praefecti, Decuriones, togither with other inferiour officers, as their Secretaries, Baylieffes, Cryers, Serjants, and such like.

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Lib. 3. Sect. 3.
Of the Romane Lawes.

CHAP. 1.
De Legibus.

HAving spoken of the civill Magistrates, wee will now also descende vnto the civill law: where first we will note among other differences betweene Ius and Lex principally these. First Lex signifieth only the law, but Sig. de iud. lib. 1. cap. 7. Ius signifieth also that place, wheresoever the law or iustice was administred; not only if it were administred out of the tribunall in the Comitio, or great hall of Iustice, which was tearmed by the lawyers Agere pro Tribunali: but also if it were administred in a private house, or in ones iourney; so that it were by a lawfull Magistrate, and out of the curule chaire; and this was tearmed by the Lawyers, Agere de Plano: and hence is it, that In ius vocare signifieth to cite one into the court. Secondly Lex signifieth onely the written law, but Ius signifieth equitie; so thatFr. Sylv. in orat. pro Mil. Ius permaneat sempèr, nec vnquam mutetur: Lex verò scripta saepiùs. Notwithstanding these two words are vsed promiscuously one for the other; & therefore leaving all curious differences between those words (whether the Romane lawes were truely Iura or Leges) thus much wee may obserue, that the laws vsed among them were of three sorts; either they were such as were made by severall Romane kings, and afterward collected & digested into a method by Papirius, Fr. Sylv. in epist. virorū illus. l. 5. ep. 1 [...]. from whom it was called Ius Papirianū: [Page] or they were such as the Decemviri brought frō Athens, and were called Leges 12 tabularum: or lastly they were such as the Consuls, the Tribuni Plebis, & such Magistrates did preferre, whence every severall law bore the name of him or them that preferred it. My purpose is to explaine only this latter sort; and that not all of them, but such alone as I haue obserued in Tully, and that chiefly in his orations. My proceeding shall bee first to shew the divers kindes of iudgements; and then to descend vnto the lawes thēselues, beginning with those which shall concerne the Romane religion, and then proceeding to the others, which concerne the common wealth.

CHAP. 2.
De Iure publico & privato.

THe Cases to be decided by the law were either publike or private; & accordingly were the iudgemēts, Sig de iure Rom. l. 2. c. 18. Velprivata, in quibus ius suum privatus quis (que) persequebatur: vel publica, in quibus iniuria quae reip. facta erat vindicabatur. The private (as we observed before) belōged vnto the Praetori vrbano & peregrino .i. the L. chiefe Iustices, who did either giue iudgement themselues, and then were they said Iudicare; or they did appoint others to sit in iudgement, andSig. de Iud. lib. 1. cap. 7. then were they said Iudicium dare: Yea in their absence there were ten called Decemviri Stlitibus iudicandis .i.Rosin. ant. l. 7. c. 29. Super lites iudicandas, who in the same manner, as the Praetor, might either giue iudgement thēselues, or appoint others; for they were even inAlex. Gen. dier. l. 3. c. 16. one place and in steed of Praetors. Those which either the Praetor or the Decemviri did appoint to debate the cases vnder them, were taken out of the Centumviri .i.Pet. Ramus in 2am de lege Agrar. out of certaine Commissioners chosen for that purpose; namely three out of every Tribe or warde; so that in all the number of them amoūted vnto an hundred and fiue, but in round reckoning they went for an hundred; and from a certaine speare that was wont to be erected vp in token of this court, hence was the [Page] Sig. de iud. lib. 1. c. 28. Court called either Praetoria Decemviralis, or Centumviralis hasta. In some cases their forme of acquittance was thus,Sig. de iud. lib. 1. cap. 29. secundum illum litem do; whenceCic. pro Quin. Roscio. Tully saith, Quo minùs secundum eos lis detur, non recusamus .i. wee doe not deny, but they may be acquitted. Those that were cast in their suit, were said Lite vel causâ cadere. The publique Cases belonged ordinarily (except the Consuls, the Senate, or the people did interpose their authoritie) vnto those whō we called Praetores Quaesitores. Some haueRosin. antiq. lib. 2. c. 18 thought them to be the same with those, whom Rosinus calleth Iudices Quaestionum, and that I thinke not altogether vpon vnsure grounds: first because most of these publique cases, which they tearmed Quaestiones, had theirSig. de iud. lib. 2. c. 4. severall Praetors to enquire them; whence they were called Quaesitores, & may in my opinion be called Iudices Quaestionū, especially seeing that those which would haue them bee different officers, cannot well shew the difference of their offices. Now as the Vrbane Praetor had an hundred cōmissioners vnder him: so had these Praetores Quaesitores certaine Iudges chosen Sig. de iud. lib. 2. cap. 6. by the Vrban or forreigne Praetor, when he tooke his oath, and that not according to his pleasure as many as hee would, or whom he would, but sometimes more, somtimes fewer, sometimes only out of the Senators, sometimes only out of the order of Romane Gentlemen, sometimes out of both; sometimes also out of other orders,Sig. ibid. according as the law appointed, which oftē times varied in those points. The Iudges how great soever the number was, [...] Sig. de iur. Rom. l. 2. c. 18. were called Iudices selecti, and were divided into severall companies called Decuriae. These iudges were vpon any citation frō any of the Praetors, to giue their assistance in the Court vpon the day appointed by the Praetor. Now the manner how they did proceed in their iudgement followeth in the exposition of one of the lawes, and therefore I will referre the reader thither. Only let him by the way vnderstand, that whereas Tully is quoted in every law, it is not so much for the proofe of the law, as to signifie, that he in that place [Page] maketh mention thereof. For the proofe of the lawes I referre the Reader to Rosinus and Sigonius: touching the expositions my marginall quotations doe proue sufficiently.

CHAP. 3.
De Legibus religionem spectantibus.

Lex Papiria.

L. Papirius Trib. Pleb. established a law touching the consecration or hallowing of places,Cic. pro Domo. that it should be vnlawfull for any to consecrate either houses, grounds, altars, or any other things Iniussu plebis .i. without the determination of the Roman people in their assemblies called Comitia Tributa, which determination was alwaies tearmed Plebiscitum.

Roscia Lex.

L. Roscius Otho Trib. Pleb. preferred a law,Cic. Philip. 2. Item pro Muraen. that whereas heretofore the Romane Gentlemen did stand promiscuously with the Commons at their theatrall shewes, now there should bee fourteene benches or seats built for those Romane Gentlemen which were worth H-S. quadringenta .i. about 3000 [...] of our English mony. As for other Gentlemē whose substance was vnder that rate, they had a certaine place allotted them by themselues, with a punishment imposed vpon them, if they offered to come into any of those 14. benches.

Here we must note that this character H-S standeth for a silver coine in Rome called Sestertius, and is by Rosinus in this place improperly vsed for Sestertium. For this character H-S is by our Printers false printed, the true character Fr. Matur. in Philip. 2. being LL-S signifying duas Libras (as the the two LL doe intimate) and Semissem which is intimated by the letter S. Where if Libra doth signify no more then the Romane coyne called AS, then is this opinion touching the character LL-S easie to be confirmed. For divers authors Chr. Hegē dorphinus in Verrinam 1. rendring a reason of the name Sestertius, say it was so called [Page] quasi Semitertius .i. such a coyne as conteineth Duos solidos asses & semissem. This Sestertius, was such a common coyne among the Romanes, P. Nannius in Verrin. 5. that Nummus and Sestertius became at length one to be vsed for the other.Ch. Hegen dorph ius in Verrin. 5am. Mille huiusmodi ses [...]ertij vel nummi faciunt vnum sestertium in neutro genere, & conficiunt plus minus viginti quin (que) coronas. According to which rate quadringenta sestertia amounteth to 3000l: and every particular Sestertius is according to this rate, in value about three halfe-pence farthing q.

Clodia lex.

Publius Clodius Trib. Pleb. made a law,Cic. pro Sextio item de Arusp. respon▪ by vertue wherof the priest called Pessinuntius sacerdos (from the place where he did first exercise those holy rites in the honour of the mother Goddesse) should bee depriued of his Priesthood, and the Temple built in the honour of this Goddesse should be bestowed vpon Brotigarus of Gallo-Graecia.

Domitia lex.

Cn. Domitius Ahenobarbus Trib. Pleb. enacted a law,Cic. Agtar. 2. that the Colleges of priests should not as they were wont, admit whom they would into the order of Priesthood: but it should be in the power of the people. And because it was contrary to their religion, that Church-dignities should be bestowed by the common people, hence did he ordaine that the lesser part of the people, namely seventeene Tribes should elect whom they thought fit, and afterward hee should haue his confirmation or admission from the College.

Lex incerti nominis de vacatione sacerdotum.

Cicero in his orations mentioneth a law (not naming the author thereof) whereby the priests were priviledged from their service in all warres,Cic. Philip. 8. & pro Font. except onely in vproares or civill tumults.B. Latomus in Philip 7. And these privileges were tearmed Vacationes.

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CHAP. 4.
De Civitate, & iure civium Rom.

Porcia lex de civitate.

M. Porcius Trib. Pleb. established a law,Cic. pro Rabi [...]. & saepè aliàs. that no magistrate should beate any Romane citizen with rodds.

Lex Sempronia.

C. Sempronius Gracchus Trib. Pleb. preferred a law,Cic. pro Cluentio. & saepè aliàs. whereby he disabled the magistrate frō punishing any Romane citizen, either with roddes, or with his axe .i. with death, without the allowance of the people. Secondly by vertue of this law, if any magistrate did condemne any Romane citizen Indictâ causâ, hee should bee liable to the iudgement and censure of the people. A third clause to this law was, Ne quis coiret, conveniret, quo quis iudicio publico circumveniretur Indictâ causâ. He was said to be condemned causâ indictâ, which was condemned before hee had spoken for himselfe. AlthoughP. Ramus in orat. pro Rabirio. Indicere pro non dicere, sicut & invidere pro non videre vix reperiatur; tamen indictū & invisum, pro non dicto, et non viso saepè reperiuntur. Fr. Sylv. in orat. pro Cluentio. They were properly said Coire, which did worke vnder hand against a man, that he might be condemned; wee may translate it in this place, to Conspire. I. Camerar. in orat. Cic. pro L. Flacco▪ The verbe Circumvenio doth commonly signifie as much as Circumscribo, to deceaue or cheat one:Fr. Sylv. in orat. pro Cluentio. but in this place, to oppresse one with false iudgement, procured by briberie or confederacy.

Lex Papia de peregrinis.

The privileges of the Romane citizens became so great,Cic. pro Balbo▪ that almost all the inhabitants of the confederate nations, would forsake their owne dwellings, & vse meanes to become free denisons in the Romane city; insomuch that the Embassadours of the Allies, & associates, did grieue much and complaine of the losse of their inhabitants: wherevpon a law was made by Papius, that all forreiners & strange commers should bee expelled out of the city.Cic. offic. l 3. To the same effect was Lex Iunia, and also Licinia Mutia de peregrinis: [Page] the first being preferred by Mar. Iunius Pennus: the second by L. Licinius Crassus, and Q. Mutius Scaevola.

Servilia lex de civitate.

C. Servilius Glaucia preferred a law,Cic pro Balbo. Vt si quis Latinus, If any of the Latine associates could proue an action of bribery against a Senatour, then should he be made a freeman of the city.

Quis Latinus] Here we will obserue with Sig. de iure Ital. l. 1. c. 2. Sigonius, that the Latine people were not alwaies called Latini & Italici [...] Sed & socij, & Latini socij; & socij nominis Latini, & socij nomen (que) Latinum, & socij ab nomine Latino, & socij ac Latium dicti sunt.

Sylvani & Carbonis lex de Peregrinis.

Silvanus and Carbo being Tribuni Pl: preferred a law, Cic. pro. Archia. vt qui foederatis civitatibus adscripti essent, si tum, cùm lex ferebatur, in Italia domicilium habuissent, ac sexaginta diebus apud praetorem professi essent, cives Romani essent.

Adscripti.] For the right vnderstanding hereof, we must note, that there wereFr. Sylv. in orat. pro lege Manil. two sorts of citizens; some cives nati .i. citizens by birth; others civitate donati .i. citizens by donation, or gift: who because they were added vnto, and registred with the first sort of citizens, were thence called Adscripti cives.

Professi apud Praetorem.] This verbe profiteri is some timesP. Ramus in or. Cic. Agra [...] 2. Comitiale verbum, and signifieth as much as profiteri nomen .i. to tender ones name vnto a magistrate: & this construction it beareth in this place.

Cornelia de Municipijs.

L. Cornelius Sylla preferred a law, that all Municipall states should loose their freedome in the Romane city,Cic pro Domo. and also their privilege of having commons in the Romane fields.

Gellia Cornelia lex.

L. Gellius Publicola, Cic. pro Balbo. and Cn: Cornelius Lentulus being Consuls decreed a law, that all those private persons vpon whom Cn: Pompeius in his wisedome shoulde bestow the freedome of the Romane citizens, should ever be accounted free denisons.

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CHAP. 5.
De legibus ad comitia spectantibus.

Aelia lex.

Q. Aelius Paetus asked a law in time of his Consulship,Cic. multis in locis. vt quoties cum populo ageretur .i. as oftē as any Romane Magistrate did assemble the people to giue their voices, the Augures shoulde obserue signes and tokens in the firmament, and the magistrates should haue power obnunciandi, & intercedendi .i. to gainesay and hinder their proceedings.

Ageretur cum populo.] Here we may note the difference betweene these two phrases, Agere cum populo, and Agere ad populum. A. Gel. l. 13. cap. 14. He was said Agere ad populum, whosoever made any speech or oration vnto the people, & this might be done vpon any day indifferently: But then onely was it said Agi cum populo, when the people were assembled to the giving of their voices by a lawfull magistrate, and this could not be done,Bersman. de vet. dier. ratione ad finē Ovid Fast. Cic. in suis orat. saepè. but vpō one of those daies, which they called Dies Comitiales.

Fusia lex.

Pub: Furius sive Fusius Philus being Consul ordained a law, that vpō some certaine daies, although they were dies Fasti .i. Leet-daies, yet no magistrate should s [...]mmon an assembly.

Clodia lex.

P. Clodius Trib. Pl. abrogated both those former lawes,Cic. pro Sext. making it vnlawfull to obserue signes & tokens in the heavens, vpon those daies when the Roman people were to be assembled: And secondly, making it lawfull to assemble the people vpon any Leet-day whatsoever.

Gabinia lex.

At first for many yeares the Romane people in their assemblies did suffrage Vivâ voce: Cic. 3 de leg. at which time many of the inferiour sort, gaue their voices contrary to their wils, fearing the displeasure of those that were of higher place. For the better help in this point, Gabinius asked a law, that the [Page] people in all their elections might not suffrage Vivâ voce, but by giving vp certaine tablets, the manner wherof hath beene formerly shewen: whence both this, and all other lawes tending to this purpose haue beene called Leges tabellariae.

Cassia lex.

After Gabinius, Cic. in Laelio Cassius also preferred a law, that both the Iudges in their iudgements, and the people in their assemblies should suffrage by rendring such tablets:Rosin. antiq. lib. 8. c. 3. but this is to be vnderstood only of those assemblies by wards called Comitia Tributa: wherein they treated of mulcts & mercements.

Coelia lex.

Coelius Trib. Pl. established a law,Cic. 3. de leg. that not onely in mulcts and mercements, but also In perduellionis iudicio .i. in taintments of treason against any person of state (namely such as were sacrosancti) or against the common weale, this Tabellary libertie should haue place, when the people should iudge thereof.

In perduellionis iud.] Caelius Sec. Curio. in ora. pro M [...]lone. This word perduellis doth signifie an enimy vnto the state, a traytour: & hence commeth this word perduellio, signifying not onely the crime of treason, but the punishment also due therevnto,Sig de Iud. lib 3. cap. 3. Si crimen quoderat gravissimum inter crimina, nempe imminutae maiestatis: si poena, quae erat acerbissima, nempe mortis.

Papiria lex.

C. Papirius Carbo Trib. Pl. perswaded,Cic. de leg. 3. that not only in their elections, but in the proposall of their laws also, this suffraging by tablets should be vsed.

Sempronia lex.

C. Sempronius Gracchus Trib. Pleb. preferred a law,Cic. multis in [...]ocis. that the Associates of Latium should haue as great right of suffraging, as the Romane citizens.

Manilia lex.

C. Manilius Trib. Pl. preferred a law,Cic pro Mur. that all those who were Libertini, in what tribe or Ward soever, should haue the right of suffraging.

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CHAP. 6.
De Senatu & Senatoribus.

Claudia lex.

Q. Claudius Trib. Pleb. perswaded a law,Cic. Verrin. 7. that no Senator or Senators father, should haue any ship, which should conteine aboue three hundred of those measures called Amphorae, deeming that sufficient for the transportation of their co [...]e from the Romane fields. Secondly, by this law the Senatours were forbidden the vse of trading.

Amphorae.] Alex. Gen. dier. l. 2. c. 20. Alexander Neopol. observeth two sortes of these measures, namely, Amphora Italica containing 2. Vrnas; and Amphora Attica containing 3. Ʋrnas: everie vrna contained two gallons and a pottle. This in probability is vnderstood of the Italian Amphora.

Tullia lex.

When as a custome had growne, that many of the Senatours having by speciall favour obtained Liberam legationem, Cic. Philip. [...] vpon all occasions would abuse that their authoritie, procuring thereby their private gaine, and the encrease of their owne honour; then M. Tullius Cic. being Consul laboured, quite to take away these kinds of embassages: which though he could not effect, yet thus farre he prevailed; That whereas in former times this Libera legatio being once obtained, was never (not through a mans whole life) taken from him againe: yet afterward this autority should never be granted to any longer, then the space of one yeare.

Legatio libera.] We may obserue in ancient autors three severall kindes of embassages. The one, which is a message sent from the Prince or chiefe governours of one country vnto another, and that is expressed commonly by this one word Legatio, without any addition therevnto, sometimes it is called Legatio mandata. The second, which is whē one purchaseth the title of an Embassadour, thereby the more honourably to performe some vow made, whence it was [Page] called Legatio Votiua. The third is the office or title of an Embassadour, granted vpon speciall favour vnto a Senatour, that he might with the greater autority prosecute his private suits in law, or gather vp his debts in that province whither he went: this last was tearmed Legatio libera. All three sorts are b [...]fly touched byM. Toxita in orat. Phi. [...]. Toxita.

CHAP. 7.
De Magistratibus.

Cornelia lex.

L. Cornel [...]us Sylla being Dictator, Cic. in Pison. made a law, that all such as would follow him in the civil warre, should be capeable of any office or magistracie before they came vnto their full yeares. A second part of this law was, that the children of such as were proscripti, should bee made vncapeable of the Romane magistracies.

Before they came to their full age.] For L. Ʋillius preferred a law, whereby he made such as were vnder age, to be vncapeable of the city preferments: and those he accoū ted vnder age, who had not attained vnto that number of yeares, which he had prescribed each severall office:P. Ramus in Agrar. 2. and this law was tearmed lex annalis.

Proscripti.] Those were tearmed proscripti, who were not onely exiled and banished their country, but also their goods were seazed vpon and consiscated.Fr. Maturā tius in Phil. 5. Quoniam eorum nomina in publico scribebantur, hinc proscribi dicebantur.

Hircia lex.

A. Hircius made a law,Cic. Phil. 13. that all those that followed Pompey, should be made vncapeable of all places of office.

Cornelia lex.

L. Cornelius Sylla finding the Praetores .i. the L. chiefe Justices not to giue sentence alwaies according to equitie,Cic Philip. 2. yea sometimes to goe quite contrary to their owne Edict, made a law, that every L. chiefe Iustice should administer iustice according to that his first Edict, hanged vp at the [Page] beginning of his office. An additiō vnto this law was, that the L. chiefe Iustice should not be absent out of the citie aboue ten daies.

Clodia lex.

In former times it was lawfull for either of the Censors to censure whom he pleased, and how hee pleased, except his fellow Censor did plainely gaine say it,Cic. pro Se [...]t and make opposition therein. But many abusing this their authoritie, P. Clodius Trib. Pl. made a law, that the Censors should not overskip any in their election of Senators; neither should they brand any with disgrace, except such as had been accused vnto them, and beene condemned by them both.

Valeria lex.

The office of a Dictator at the first institution continued but six months space,Cic. Verrin. 4. vntill L. Valerius Flaccus, being Interrex in the vacancy of the Consuls preferred a law, that L. Cornelius Sylla should be a perpetuall Dictator.

Cornelia lex.

L▪ Cornelius Sylla in the time of his Dictatorship, did by vertue of a law preferred by him clip the authoritie of the Tribuni Pl. disabling them of bearing any office after the expiration of their Tribuneship, Cic. 3. de leg. taking away their authoritie of preferring lawes, of vsing any solemne speech or publike oration vnto the people, of hearing appeales, of hindring any statute or decree tending to the hurt of the populacy.

CHAP. 8.
De legibus.

Coecilia Didia lex.

Q: Coecilius Metellus, and Titus Didius being Consuls, forbad,Cic. Philip. 5. that Ʋna rogatione .i. in one and the same bill many things should be proposed vnto the people: least by that meanes, the people by graunting the whole bill might graunt something which they would not; or in denying the whole bill might deny some particular clause, [Page] which by it selfe they would haue accepted. Moreover these two Consuls ordained, that before a law should be asked in the assemblies it should bee promulged .i. hanged vp to the publique view of the people three market daies.

Iunià Licinia lex de trinundino.

Iunius Silanus and L. Licinius Muraena being Consuls, Cic. Philip 5. established that law of Coecilius and Didius, annexing a more severe punishment for the breakers thereof.

Clodia lex de intercessione.

P. Clodius Trib. Pl. made a law,Cic. pro Sext that the Trib. Pl. should haue full autority and power to propose lawes; neither should they be hindred by the Intercession .i. gainsaying of any.

Licinia Aebutia lex.

Licinius and Aebutius being Tribuni Pl. ordained,Cic. contra Rullum 2. that if any preferred a law touching the oversight, the charge or cure of any businesse in hand; neither he, nor any fellow officer with him, nor any allyed vnto him should haue this oversight or charge committed to him.

CHAP. 9.
De Provincijs.

Sempronia de provincijs.

C. Sempronius Gracchus Trib. Pl. ordained; that the Senate every yeare before the election of their Consuls, should as it seemed best to them, appoint out what Provinces the Consuls now to be elected; should after the expiration of their office go vnto; for which provinces afterward the Consuls designed should cast lots. Another clause to this law was,Cic. de province consularibus. that whereas in former times, by a decree from the Senate it was lawfull for the Tribunes to hinder the Romane assemblies, hēceforward they should haue no autority.

Cornelia de Provincijs.

L. Cornelius Sylla being Dictator preferred a law,Cic ep. 9. ad Lentul. that whosoever went into a Province cum imperio, tam diu illud [Page]imperium retineret, quoad in vrbem reversus esset: whereas in former times his rule and governement was to be resigned at the expiration of a set time appointed: yea although no successor were sent, it could he not continue there cum imperio without a new commission. A clause added vnto this law was, that after the comming of any new President or governour into the Province, the old Provinciall President should depart within thirty daies.

Esse cum imperio.] .i. Sig. de [...]. Prov. l. 3. c. 13 Exercitui praeesseSig. eiusd. lib. cap. 6. Cic. pro L. Muraen. vel haebere ius administrandi, & suis auspicijs gerendi belli.

Titia lex de Provincijs.

Titius, or (asMelanct [...]ō. in orat. pro Muraena. some say) Decius preferred a law, that the Provinciall Treasurers called Quaestores, should cast lots for their Provinces: whence Tully in the oration now quoted inferreth, that although Ostia being the better Province fell vpon Servius Sulpitius, yet in as much as it fell lege Titia .i. by casting lots, he could not therefore challenge anie superiority aboue L. Muraena. Sed vtrius (que) nomen consedit in Quaestura .i. their same and renowne was equall in their Quaestorship.

Iulia lex de provincijs.

C. Iulius Caesar established two lawes touching the Romane Provinces:Cic. Philip 1. one that no Praetour should governe a Province aboue twelue monthes; nor Procōsull aboue two yeare. The severall heads or clauses of his second law could not all be found out, but those which haue come to light are these. First that Achaia, Thessalia, and all Graecia should be free, neither should any Romane Magistrate sit in iudgment in those Provinces (Cic. pro domo.) Secondly, that the Provinciall governours and their Comites .i. assistants or attendants, should haue hay, and all other necessaries provided thē on the way, by those townes & villages through which they passed. (Cic. in Pison.) Thirdly, that the Provinciall Magistrates at their departure, should leaue a book of their accounts in two cities of their province, and likewise shoulde sende a coppy of their accounts vnto the Romane [Page] Treasure-house (Cic. in Pison.) Fourthly that it should neither be lawfull for the people to bestow, nor for the Provinciall Magistrate to receiue Aurum eoronarium vnlesse it were in a triumph (Cic. in Pison.) Lastly, that it should bee vnlawful for the Provincial Magistrate without the allowance of the people or the Senate, to depart out of their province, to lead forth any army, to wage warre, or to go into any forreigne country. (Cic. in Pison)

Aurum coron.] Lipsius de magnit. Rom. lib. 2. cap. 9. There was a custome amongst the Romanes in times of victory to present vnto the L. Generall Coronets of gold, insteede whereof the after-ages presented a certaine summe of mony, which was thence called Aurum coronarium.

Vatinia de Provincijs.

P. Vatinius Trib. Pl. procured a law, that C. Iulius Caesar should haue the government of Gallia Cisalpina, and Ill [...]ricum for fiue years space, without any decree from the Senate, Cic. pro Bal bo. or casting lots. Secondly that they also should goe as Legates or L. Deputies vnto Caesar, without any decree from the Senat, whosoever were nominated in that law. Thirdly that Caesar should receiue mony out of the common Treasure-house towards having an army. Lastly, that he should transplant a Colony vnto a certaine towne of Cisalpina Gallia called Novocomum.

Clodia de Provincijs.

P. Clodius being Trib. Pleb. procured a law that the governement of Syria, Cic. Pro Domo. Babylon, and Persia should be committed to Gabinius. The governement of Macedonia, Achaia, Thessalia, Graeci [...], and al Boeotia should bee committed vnto Piso; and they should receaue together with an army, mony out of the common Treasury towards their iourny.

Clodia altera de Cypro.

P. Clodius preferred another law,Cic. pro Sext that the Iland Cyprus should be made a Province. That P [...]olemaeus the king of Cyprus sitting in his purple, with his scepter and other his princely ornaments Praeconi publico subiiceretur, & cum [Page]bonis omnibus publicaretur .i. should himselfe with all his goods be sold by a common cryer. That M. Cato being then Treasurer, cum iure Praetorio, adiecto etiam Quaestore, hauing by commission the office of a L. chiefe Iustice, and another Treasurer to accompany him, should bee sent into the Iland Cyprus, both to make sale of the kings goods & estate, and also to bring backe the mony. Lastly it was decreed by this law, that those who lived in exilement at Byzantium being condemned for some capitall crime, should be brought backe vnto that citie, vnder the name of Romanes.

Praeconi publico subijceretur.] For the better vnderstanding of that phrase, wee are to vnderstand the manner of portsale amongst the Romanes: which wee may read in Sigonius thus. Those things were rightly sold in portsale, which were publikely sold Per praeconem sub hastu .i. by the cryer vnder a speare sticked vp for that purpose, and some Magistrate making good the sale by delivery of the goods. Whence I take Publico praeconi subijci, & Hastae subijci to signifie one and the selfesame thing, namely to be set at sale: andCic. Phil 11 Cicero vseth almost the selfe same phrase, Bona Cn. Pompeij, voci acerbissima subiecta praeconis. This kind of sale was tearmed Auctio; because as Sigonius saith in the same place, to him the goods were sold, Qui plurimum rem augeret .i. which would bid most for it: & hence is the seller thereof tearmed Auctor, asVerrin. 7. Cic. Id quod à malo auctore emissent .i. that which they had bought of one which had no authoritie to sell: & from this custome of setting vp a speare in this kind of sale, this word Hasta alone is vsed to signify portsale, asCic. Phil. 8. Hasta Caesaris, the sale of Caesars goods. Those who bought these goodsCic. in Ver. Tully doth call Sectores, Sig. de iud. lib. 2. c. 24. quia spem lucri sui sectabantur.

CHAP. 10.
De legibus Agrarijs.

[Page] THose laws were tearmed Leges Agrariae, which did concerne the division of the publique or common fields. And these were either given by Romulus and other kings; or taken from the enimies, or from private mē which had made incloasures; or lastly bought out of the common Treasury. Vid. Sig. de iure Ital. l. 2. c. 2. Cic. pro Sext. Sigon.

Sempronia lex Agraria.

Titus Sempronius Gracchus Trib. Pleb. preferred a lawe which forbade, that any of the Romanes should haue to his owne part aboue fiue hundred acres of the common fields, the one halfe of which it was lawfull for his sonnes to enioy. If it had so hapned that any should enlarge these common fields, three surveyers called theSig de iure Ital. l. 2. c. 2. Triumviri agro dividundo, did marke out which was common, which private ground. Moreover it was by this lawe provided, that the mony of king Attalus who made the people of Rome his heire, might be bestowed vpon those citizens, which had by this law obtained a part of the common fieldes, to the buying of instruments for husbandry. Moreover, that the kings lands should be farmed out at a set rent by the Censors, whence an yearely tribute should be paid to the people.

Cornelia lex.

L. Cornelius Sylla being Dictator preferred a law, that al the fields of those Romanes which he had banished, should be common. This publication is to be vnderstood chiefly of those fields in Thuscia nere vnto the city Volaterrae, and the city Fesulae, Cic. in Rullū. which grounds Sylla divided amongst his souldiers.

CHAP. 11.
De frumentarijs legibus.

Sempronia lex.

T. Sempronius Gracchus being tribune of the commōs provided,Cic. pro Sext. that a certaine quantity of corne shoulde monthly be givē vnto the poorer sort at a low price, [Page] Semisse & triente, that is, about sixe pence farthing a bushell. Herevpon was there a place appointed in Rome for the keeping of this cōmon corne, togither with certaine laws hanged vp there called leges frumentariae. This place was calledRosin. antiq. lib. 8. c. 1 [...] Horrea Sempronia.

Semisse & triente.] It appeareth by the next law, that Semissis in this place, must signifie the same as semiaeris doth there. Wherby we may note, that semissis doth not alwaies signifie the halfe part of the Romane coine called As, but sometime it signifieth a greater coine [...]alewing almost our sixe pence.

Clodia lex.

P. Clodius Tribunus Pleb. ordained that that corn which heretofore was sold to the poore senis aeris & trientibus in singulos modios, that is, for sixe pence farthing a bushell, should hereafter be given gratis, and the charge and oversight of this dole was committed to Sext. Claudius. Cic. pro Sext. in Pisone.

Terentia Cassia.

M. Terentius and C. Cassius being Consuls preferred a law, Cic. Verrio. 5. & 7. Ʋti alterae decumae à provincijs coemerentur, pretio in singulos modios HS trium constituto. Item vt civitatibus aequaliter imperaretur, pretio in singulos modios HS quatuor constituto.

For the better vnderstanding of this law, wee must note Sig. de iure Prov. l. 1. c. 1. a threefold tithe paid by the Provinces. The first was the tenth part of the graine, growing in the Province to bee paid in gratis, and that was properly called Decumae, or frumentum decumanum, and those that tooke this tithe to rent were called thence Decumani. A second sort of tithes was a certaine quantitie of corne taken vp for the L. President or chiefe governour of the province to keepe his house, & that was called Frumentum aestimatum .i. corne gathered vp by way of taxation: for so this word aestimo comming from aes doth signifie.Fr. Sylv. in or. pro Cluentio. Est autem aestimare ab aere dictum, id quod vulgo dicunt appreciare & taxare. The third sort of tithes, was when the Senate finding scarcitie of corne in [Page] Rome, did inioyne the Provinces to sell them a quantitie of corne at a price set downe by the Senatours themselues, and this corne sould vpon iniunction, if it was paid but once in the yeare, it was tearmed Frumentum emptum: but if in the same yeare a second sale was inioyned them, then they called that second pay Fr [...]mentum imperatum. In the first clause of this law by [alterae decumae] is meant frumentū emptum; in the second clause, by these words [civitatibus aequaliter imperaretur] is vnderstood Frumentum imperatū.

Lex Hieronica.

Hiero king of Sicily obteined a law,Cic. Ve [...]rin. 4▪ wherein was set downe the quantitie of corne that the Aratores or country farmers should pay vnto the Publicani .i. those which receaued the tithes, together with the time of payment & the price agreed vpon.

CHAP. 12.
De re militari & bellis.

Gabinia lex.

A. Gabinius Tr. Pl. preferred a law that the managing of the war against the Pyrats should be in such manner committed vnto Pompey for three yeares space,Cic. pro lege Manilia. that over the whole sea betweene Hercules his pillars, and in the maritime provinces vnto the foure hundreth Stadiū from the sea, he should haue power to cōmand any Kings, L. Presidents, or whole corporations to furnish him with all things necessarie for that warre.

Manilia Lex.

C. Manilius Trib. Pleb. perswaded a law,Cic pro lege Manilia. that the managing of warre against Mithridates should bee committed vnto Cn. Pompeius. That the whole Province where L. Lucullus ruled, together with his whole army should be resigned vp vnto him. Moreover that Bithynia, where Glabrio ruled, should bee added, together with all those bands and forces, which hee had vpon the sea against the Pyrats, and all those provinces, over which the law Gabinia [Page] did entitle him governour, as Phrygia, Lyc [...]onia, Galatia, Cappadocia, Ciliciae, Colchis superior, and Armenia.

CHAP. 13.
De Tutelis.

THis word Tutela doth signifie a wardship, guardianship, or protection of a child in his non age: whereof I. Camerar. in orat pro L. Facco. Camerarius observeth foure sorts, & we may with Pellitarius adde the fift. Either the overseers were appointed by will; or else the next of the kinne were overseers; or the magistrate did appoint whom he thought fit: and these three sortsI. Omphal. in orat pro Cecinna. Omphalius calleth thus: the first Testamentariā, the second Legitimam, the third Dativam. The fourth sort Camerarius calleth Tutelam fiduciariam, quae eorum est, qui emancipati desijssent esse agnati. The fiftPellitarius pro Cecin. Pellitarius calleth Tutelam honorariam, namely when as the office of administratiō is cōmitted to others, but yet certaine chiefe overseers were appointed to see the will performed, who were called Tutores honorarij. Cic. pro Muraen. Where wee must note, that the law provided overseers, not for children vnder age only, but for women also.

Emancipati desijssent esse agnati] By the Roman law every sonne was in such subiection vnto his father, that before he could bee released of this subiection and made free, hee should by an imaginary saleVid leg 12. tabul. be sold three times by his naturall father to another man, who was called by the lawyers Sig. de iure Rom. l. 1. c. 10▪ Pater fiduciarius .i. a father in trust; yea & be bought againe by the naturall father, and so manumised by him, & then he became free. The forme of this kinde of sale or alienation is set downe more at large in the explanation of one of the laws that followeth, with an example not much vnlike this. This imaginary sale was called Mancipatio; the children thus alienated from the father were tearmed Emancipati; this forme of setting free was tearmed Emancipatio. This F [...]duciaria tutela then, in my opinion was thus. That when any goods did fall vnto a child thus alienated, [Page] by the death of his father, then should not the oversight of this child fall vnto the next of the kinne tearmed Agnati, but Quoniam desiit esse agnatus .i. because he had in a manner lost his aliance with his kindred, therefore should the oversight of the child belong vnto the father in trust, tearmed Pater fiduciarius, whence the gardianship it selfe was called Tutela fiduciaria.

Laetoria lex.

This law made by Laetorius provided, that there should be overseers appointed for those which were distracted,C. 3. de offic. or did prodigally wast their patrimonie. For, as it appeareth by the common adage, Ad agnatos & Gentiles deducendus est, they did account al prodigals, mad men: they meaning no more by that, then we do by our english proverb, when we say of a spend-thrift: let him be begged for a foole. The reason of their adage was, because if any were distracted, by the Romane law his wardship fell Adagnatos & Gentiles .i. the next of the kinred.

CHAP. 14.
De Testamentis.

BEfore we descend vnto the lawes themselues, we will explaine those three divers sorts of wils in vse amōgst the Romanes. Namely Testamentum calaris comitijs, which was so called, because twice in the yeare in time of peace the Romane people assembled themselues together to this end and purpose, that if any would make his will the whole people might beare witnesse there vnto: these assemblies were tearmed Calata comitia. Secondly Testamē tum in procinctu .i. when a souldier in time of warre readie to giue battle, did call out three or foure of his fellowes, & in the audience of them did by word of mouth pronounce his last will and testament. Thirdly, Testamentum per emā cipationem familiae .i. by making over his goods and possessions vnder a fained forme of sale, vnto a second party called Haeres fiduciarius & imaginarius .i. an heire in trust, who [Page] should afterward resigne them vnto the true and lawfull heire: and this imaginary kind of sale, was performed with certaine solemnities circa aes & libram: and also the sale it selfe was sometimes called Nexus, as likewise Emancipatio. Hence was the will sometimes called Testamentum per aes & libram, sometimes Testamentum per Nexum. For the proofe of this, which hath beene delivered, touching the three sorts of wills I will referre the reader toSig. de iure Rom. l. 1. c. 12▪ Sigonius.

Furia lex.

C. Furius Trib. Pleb. made a law,Cic. Verrin. 3▪ that it should not bee lawfull for any to giue away in way of legacy, vnto any, except to the kinsmen of him which manumised him, or some other certaine persons, supra mille asses .i. aboue fiftie shillings or thereabout, there going 2 Asses & semis to the making of one Sestertius.

Ʋoconia lex.

Q. Ʋoconius Saxa Trib. Pleb. tulit legem,Cic. Verrin. 3▪ Ne qui census esset, virginem, neve mulierem supra quadrantem suorum bonorum haeredem institueret, plusue cuiquam legaret, quàm ad haeredem, haeredes ve perveniret.

Census.] This word Census doth sometimes signifie all such as haue tendered the iust valuation of their estate vnto the Censors: and then Incensus is opposite to it, signifying such an one, as hath not tendred his estate or name to bee registred by the Censors. But in this place Census is taken for such a rich man, whose estate was in the Censors booke valued at one hundred thousand Sesterces (Ʋid. Asconium in Verrin. 3.)

Supra quadrantem suorum bonorum] .i. No womā should be heire to more then one quarter of such a rich mans goods. For the right conceauing of this, we must note with Barth. Latom. in orat. pro Cecinna▪ Latomus, that the whole inheritance (were it never so great) was tearmed As, and that was divided into twelue parts which the lawyers called Vnciae: Duae vnciae dicebantur Sextans; tres quadrās, quatuor Triens, quin (que) Quincunx, sex Semissis, septem Septunx, octo Bessis, novem Dodrans, decem[Page]Decunx, vndecim Deunx, Totum As, vt dictum est. Againe every Vncia was divided into six parts called Sextulae: Duae sextulae Duellam, tres Semunciam faciunt. So thē according to the lawyers (asAlex. Gen. dier. l. 1. c. 1. Alexander obserueth) if there were one heire alone instituted, he was tearmed Haeres in Assem totum institutus; if otherwise there were many coheires, then was it according as the Testator did appoint. Some were ex Deunce haeredes .i. heires to eleven parts of his goods, there being but one part bestowed from him: some were haeredes ex quadrante .i. heires to one quarter of his goods: others were Haeredes ex semuncia .i. they had the foure and twentieth part: others were Sextula aspersi .i. they had the threescore and twelfe part of the whole As .i. of the whole inheritance be it more or lesse, &c. Here wee must vnderstand that there is great difference betweene these two phrases. Institui haeres in totum Assem, & ex toto Asse. For all those, which were nominated Haeredes, whether it were ex Dodrante, Quadrante, vel Semuncia, or howsoever, yet were they tearmed Haeredes ex toto Asse .i. they were not Legatarij, such as receaued legacies. Now none cā be said In totum assem institui, but he which is the alone & sole heire vnto the whole.

CHAP. 15.
De Vsu-capione.

Atinia lex.

A Tinius made a law,Cic. Ve [...]rin. 3▪ that the plea of prescription or long possession should not availe in things that had beene stollen, but the interest which the right owner had in those stolne goods should remaine perpetuall. The words of the law are these: Quod surreptū est, eius rei aeterna auctoritas esset. Where bySig. de iure Rom. l. 1. c. 11▪ auctoritas is meant ius dominij. This crime of theft as likewise of vsury was so odious vnto the Romanes that whosoever was found guilty therof was condemnedFr. Sylv. in Verrin. 1. Lege quadrupli .i. to pay foure times as much: whence the informers against such were tearmed Quadruplatores.

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CHAP. 16.
De Iudicibus, & Iudicijs.

Lex accusatoria.

TVlly mētioneth a law tearmed lex accusatoria, which in truth was no lawe,Cic. pro Mur. neither was there any author thereof: but there was a such a received custome amongst the Romans, that the accuser should obiect against the party accused, not onely the present crime then questioned, but all other scapes and faults cōmitted long before to the bettering of his matter: that at length this accusatory custome became in manner of a law, and so was called Lex accusatoria. vid. Franc. Syluium in orat. pro Mur. Alex. Gen. dier. l. 3. c. 5. Their custome also was to procure others to ioine with them in their accusations; thoseCic. pro Muraen. Tully calleth Subscriptores, because they did subscribe vnto the accusation.

Lex Servilia & Sempronia.

Whereas Sempronius had preferred a law,Curio in ora. pro Scauro. whereby he tooke away the autority of sitting in iudgement from the Senatours, and appropriated, it to the Romane Gentlemen; Q. Servilius Caepio being Consul did afterwarde preferre another law, whereby the administration of iudgement was divided betweene the Senatours and the Gentlemen.

Rupilia lex.

Rupilia lex vetabat diebus triginta sortiri dicam.] Cic. in Verr. Here we must note withSig. de iure Prov. l. 2. c. 5. Sigonius, that this law was of force onlie in the province of Sicilia: also that it is one thing scribere dicam .i. to enter an actiō, another sortiri dicam .i. by lots to choose the Iudges, which was 30. daies after.

Livia lex.

Though by vertue of Servilius his law the Senators were made capeable of the office of a Iudge,Cic. de orat. l. 3. yet they were not thereby equally capeable with the Romane Gentlemen: & therefore did M. Livius Drusus ordeine, that the Iudges should be elected equally out of both orders, namely three [Page] hundred out of the Senat, and three hundred out of the Gentry.

Plautia lex.

M. Plautius Sylvanus preferred a law,Cic. pro Cornel. that the number of Iudges should bee chosen not onely out of the Romane Senators and Gentlemen, but out of the populacy also, namely out of every Tribe fifteene Iudges.

Aurelia lex.

L. Aurelius Cotta being Praetor made a law,Cic. in Verr [...]e saepe. that the Iudges should be chosen out of the Senators, the Gentlemen, and those Martiall Treasurers or Clearks of the band called Tribuni aerarij.

Pompeia lex.

Cn. Pompeius Magnus being Consul ordained,Cic. in Pison. that the Iudges should bee elected out of the wealthiest Centuries, tying the election notwithstanding to those three degrees of people, namely Senatours, Gentlemen, & Martiall Treasurers; also he added that the number of Iudges to examine causes should be seaventy and fiue.

Iulia lex.

C. Iulius Caesar ordained,Cic. Philip. 1. that the election of Iudges should be out of the Senators and Gentlemen onely, leaving out the Martiall Treasurers; and this Tully calleth legē Iudiciariam Caesaris.

Antonia lex.

M. Antonius tulit legem,Cic. Philipp. 1. & 5. vt tertia iudicum decuria è Centurionibus, Antesignanis, Alaudis, Manipularibus fieret.

Iudicum decuriae:] When the L. chiefe Iustice had taken his oath, he chose out some ex certis ordinibus, non ex omni populo .i. out of such degree and place, as the law required, to sit in iudgement in the triall of those cases, which were tearmed causae publicae: and these Iudges he afterward divided into lesser numbers called Decuriae. vid. Sigon. de iure Rom. lib. 2. cap. 18.

E Centurionibus.] Centuriones were captaines over an hundred footmen.

[Page] Antesignanis.] This word Antesignanus hath a double acception in the Romane histories. Sometimes Antesignani do signifie the third part of the Romane army: For all those souldiers, that fought before the banners or ensignes, as they were called Hastati in respect of their weapō, so were they called Antesignani in respect of their ensignes, before which they fought. The second part of the army as they were called Principes in respect of their prowesse and valour, so were they called Subsignani, as fighting vnder the ensignes. The third part, as they were called Triarij because they fought in the third, or rereward, so were they called Postsignani, as fighting behinde the ensignes. Where we must not think, that those which were called Antesignani, & Subsignani, were altogither destitute of ensigns amōg themselues (for every Maniple had his ensigne) But the Eagle and other chiefe ensignes were caryed by the Subsignani, and in respect had to them they had their names. And hence ariseth the second acceptiō of this word, namely that all those souldiers of every Maniple, which stood in front before their ensigne were called Antesignani, & those were commonly the best souldiers in the company. See the severall proofes of this. Lips. Milit. Rom. lib. 4. dial. 3.

Alaudis.] Iul. Caesar pressed a legion of souldiers out of Gallia Transalpina, all which afterwarde he made free of Rome. This legion he called Legionem Alaudarum, frō the forme of their helmets which did resemble the head of the Larke, called in french Alauda. Barthol. Latomus in Philip. 1.

Manipularibus.] Those captaines which governed a Maniple of souldiers, were called Manipulares. Fr. Maturantius in Phil. 1.

Cornelia lex.

L. Cornelius Sylla, preferred a law, that the chiefe iudge of the bench called Iudex quaestionis, Cic. pro C [...] entio. should referre it vnto the choice of the defendant, whether he would haue iudgment passed on him Clam an Palam .i. (as Sylvius observeth) [Page] either by voices, or by tables.

Memnonia lex.

This law (made by Memnius) provided, that no action should be entred against those,Cic. in Vatin. who were imploied abroad in businesses for the common wealth. An addition vnto this law was, that whosoever should calumniari .i. forge an accusation against another,Cic. pro Sext Roscio. a certaine letter should bee burnt in his forehead in token of infamy. This law is sometimes called Lex Rhemnia. Here we may withFr. Sylv. in orat. pro Cluentio. Fr. Sylvius obserue the difference of these three phrases, Calumniari, Praevaricari, and Tergiversari. He which doth in his accusation forge faults never committed, is said Calumniari. He which vndertaketh ones suit, and either will not vrge reasons in the behalfe of his client, or answer the obiections of his adversarie when he is able, is said Praevaricari .i. to play the false Proctour. He which doth desist in his accusation, and let his suit fal, is said Tergiversari.

Lex incerta de Nexu.

In ijs rebus quae mancipi sunt, Cic. pro Mur. is periculum iudicij praestare debet, qui se nexu obligavit .i. If the buyer of any thing in that forme of sale called Nexus be troubled in law, the seller thereof must secure him, and saue him harmelesse.

Mancipi sunt.] Fr. Sylv. in orat. pro Mur▪ Those things were tearmed res Mancipi, which were alienated from the seller Nexu .i. by such a forme of sale as followeth. The forme was thus; At the least fiue witnesses, all Romane citizens and of full age, besides one called Libri-pens (from holding of a paire of ballāces) should be present: and the chapman or buyer should come with a certaine brasse coyne in his hand, and say (for example sake, if it were a bondslaue to be sold) Hunc ego hominem ex iure Quiritium meum esse aio, i [...] (que) mihi emptus est hoc aere; and forthwith striking the ballance with the brasse coyne, he gaue it to him that made the sale. This kinde of chaffering was tearmed Nexus, as we may suppose a nectē do, because it did bind the seller to make good the sale: Sylv. ibid. sometimes it is called Per aes & libram venditio, because of [Page] the ceremonies vsed in it.Melanct. [...] ora. pro Mur. Now it is commonly called Mancipatio, I. Camerar. in orat. pro Muraen. à manus capione, from taking that which is sold into ones hands or possession: whence the word Mancipatus, and Mancipium are vsed to signifie a bondslaue, that is in this maner solde; though sometimes Mancipium doth signifie the sale it selfe: whence Cic. vseth this phrase, Lex Mancipij, to signifie a clause or condition put in the sale. All things solde after this maner were tearmed Res mancipi; Priscian. l. 3 vid. F. Sylv. in ora. pro Mur. The word Mancipi being a nowne indeclinable, as Frugi, Cordi; Huiusmodi, &c. We may coniect the reason of these ballances, why they should bee vsed in this kind of bargaining, to be, becauseAlex. Gen. dier. l. 4. c. 15. in olde time they did not bargaine by paying coined mony, which was called Aes signatum, but by paying a certaine weight of money, whence such mony was tearmed Aes graue. And hence it is, that metaphorically we translate Pendo and Rependo, to pay and repay.

CHAP. 17.
De Maiestate.

Lex Varia.

Q. Ʋarius Trib. Pl. made a law, that the Praetores Quaesitores should sit in iudgement vpon those,Cic. pro Cornel. by whom the Allies or Associates had been moved to attempt warre against the Romane people.

Iulia lex.

C. Iul. Caesar ordained, that such as were condemned of treason,Cic. Philip. 1. or causing vproares in the common wealth, should be banished.

CHAP. 18.
De Ambitu.

THose lawes were tearmed Leges de Ambitu, which were made against vndirect or vnlawfull courses vsed in canvasses for offices.

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Fabia de Ambitu.

This lex Fabia restrained the number of those poore mē who because they were wont to follow vp & downe, & all the day to attend such as did stand for offices, were thence called Sectatores.

Acilia Calpurnia.

M. Acilius Glabrio, Cic. pro Mur. and C. Calpurnius Piso, being Consuls, made a law, that such as were convinced of sinister and vndirect meanes vsed in their canvasses, should be fined at a certaine summe of money set on their heads, & they should be made both vncapeable of bearing office, and vneligible into a Senators place.

Senatus-consultum de Ambitu.

M. Tullius Cic. and C. Antonius being Consuls, a certaine decree was made by the Senate, Cic. pro Mur. that if such as did either salute or attend vpon those that stood for offices, were hired by any manner of reward; or if any publike prizes were occasioned to be plaid; or any publike feasts made by thē, they should be liable to the censure of Calpurnius his law.

Tullia lex.

M. Tullius Cic. made a law, that no man standing for an office should cause any publike prize to bee plaid, within two yeares that he either had stood, or should stand for an office, vnlesse the day had formerly beene appointed by some will. Item he ordained, that Senatours being found to haue vsed vnlawfull meanes for the attaining of any office,Cic. pro Sext▪ should suffer ten yeares exilement. And the commonaltie offending in that point, should bee punished with an heavier punishment, then the law made by Calpurnius la [...]ed on them. An addition vnto this was, that if any being cited to his answere in the court for his vndirect meanes, Si morbū excusaret .i. If hee did vrge his sicknesse for his not appearance, then should he vndergoe a penaltie.

Si morbum excusaret.] So that Tully here seemeth to cut of that libertie which the twelue tables permitted in these words [Si Iudex alteruè ex litigatoribus morbo sontico impediatur,[Page]iudicij dies diffisus esto] .i. If either Iudge, Plaintiffe, or Defendant were sick, they should diffindere diem. .i.Sig. de iud. lib. 1. cap. 28. proferre & in aliud tempus reijcere, proroge the time of iudgement. And vnlesse some might thinke, that by morbus sonticus was meant some strange disease, Sigonius inferreth that every disease is tearmed Sonticus, which hindreth vs in the performance of our businesses: Sontes enim nocentes dicunt.

Licinia de Sodalitijs.

M. Licinius. Crassus being Consul,Cic. pro Plā cio. perswaded vt in Sodalitijs Iudices ab accusatore ex tribubus ederentur.

Sodalitia.] In the later times the Romanes in their canvasses would gather together a certaine company of their side or faction to follow them, tearming them Sodales: & these Sodales would as it were by violence force the people to suffrage with them, whence the violence offered by them was tearmed Sodalitia. Sig. de Iud. lib. 2. cap. 30.

Iudices ab accusatore ederentur ex tribubus.] Wee may read of three sorts of Iudges among the Romanes, or rather of three divers kinds of elections of their Iudges. For either they were Lecti sortitione, of which more may be seen in one of the lawes following; or Editione, by nomination or naming them, the manner thereof being thus; That either the plaintiffe should choose them all, and then were they called Iudices edititij; or the plaintiffe should choose one halfe, and the defendant the other, and then were they called Iudices alterni. Melancthon in Cic. pro Muraen.

CHAP. 19.
De pecunijs repetundis.

FIrst touching the word Repetundae, Sigonius saith, that such money was tearmed Pecuniae repetundae, quae possent repeti, which might by the course of lawe bee recovered; Namely such money as any Magistrate, Iudge, or publike officer, did either in the Provinces, or in the citie receaue as a bribe, from the Allies and Associates, or from the Romane citizens for the administration of iustice, or the execution [Page] of any publike dutie: & this kind of bribe they tearmed Pecunias Repetundas, pecuniam ablatam, captam, coactam, conciliatam, aversam (Cic. in Ʋerrinis) But as it seemeth very probable, these lawes against briberie were first occasioned, for the ease and reliefe of the Romane Provinces and Allies, called in Latine Socij, who were much abused in this kind by the Prov. Consuls, Praetours, & Quaestors, &c. Whence Tully calleth this law against bribery, Legem Socialem.

Iunia lex.

M. Iunius Pennus Trib. Pleb. preferred a law, that such as were convinced of bribery, Praeter litis aestimationem, exilium etiam damnato esset irrogatum.

Litis aestimationem.] Here we wil consider the difference of these three phrases, Litis contestatio, Litis redemptio, and Litis aestimatio. Sig. de iud. lib. 1. cap. 27. The first signifieth the producing of witnesses, when both sides shall openly in the court vse this forme of words, Testes estote: which was not done, antequā satisdationes factae essent, before sureties were put in, by the one, that hee would Iudicatum solvere, pay that which hee was condemned: by the other, that he would rem ratam habere .i. stand to the verdict or sentence in the court. The second phrase signifieth a composition or an argument agreed vpon by both sides betweene themselues:Fr. Sylv. in ora [...]. pro Q. Roscio. Redimere lites est pactionem facere; qui enim paciscitur, facit vt lis non sit. The third is, when the partie which is cast in the suit is adiudged to pay the mony, or the worth of the goods called in question, together with the cost and damages in law vnto his adversarie.Fr. Sylvius in orat. pro Cluentio. Litem aestimare est pecuniam, de qua lis fuit, & propter quam condemnatus est reus, in summam redigere, quae de bonis eius redigatur. I. Tislin in orat. pro Rabirio. And Aestimare litem est, quod vulgò dicitur, Taxare litis expensas.

Acilia lex.

M. Acilius Glabrio made a law, that such as were accused of briberie, Ne (que) ampliari, ne (que) comperendinari possent .i. they must out of hand receaue iudgement.

[Page] For the right vnderstanding of these two words [Ampliari & Comperendinari] we must consider the ancient customes and ceremonies vsed by the Romanes in handling their suits of law. First there was In ius vocatio .i. a citation of one into the court. Secondly postulatio .i. a request put vp vnto the Praetour, that it might be lawfull for the Plaintiffe to enter his action against the Defendāt; whence Postulare aliquem de hoc vel illo crimine, is to accuse one of this or that crime. Thirdly Nominis delatio .i. the taking of the defendants name into the court-booke: and this was tearmed Intendere actionem, vel Litem; and Diem alicui dicere .i. to enter an actiō against one. At which time the plaintiffe did Vadari reum .i. demaund sureties or bale frō the defendant, that he would appeare vpon the day appointed by the Praetour, which commōly was the third day following, called properly dies perendinus, and sometimes dies tertius simply, as it appeareth by those capitall letters. I. D. T. S. P. vsed to be written in their actions: which lettersSig. de Iud. lib. 1. cap. 27. Probus expoundeth thus. In diem tertium, siue perendinum. So that thē properly, lis vel reus dicitur comperendinari, when the giving of sentence is differred til the third day. Moreover before the Praetor would suffer the Action to be entered, he would sweare the Plaintiffe that he did not accuse the Defendant calumniandi causâ .i. falsely or maliciously, and this kind of swearing was tearmed Calumniam iurare, calumniam deiurare, and In litem iurare. Now if either party were absent from the court vpon the third day, except he were sicke, he was cast in his suit, and the Praetor did graunt an executiō called Edictum peremptorium, whereby he gaue autority to his adversary to seaze vpon his goods. Sometimes there were two or three Edicts in manner of Processes or writs before the Edictum peremptorium could be obtained; some times it was graunted at the first, and then was itSig. eiusd. l. cap▪ 28. called vnum pro omnibus. Sig. eiusd. l. cap. 21. Now if both parties came into the court and did appeare, then were they said se stitisse: so that this word sisto amongst the lawyers did signifie to shew ones [Page] selfe in the court. Vpon the third day the Praetor also with the whole bench of Iudges did meete, and the Iudex Quaestionis (whom Rosinus maketh a distinct officer differing from the Praetor) did cause all the Select Iudges to pull out certaine lots, out of an vrne or pitcher brought thither for that purpose, & those Iudges vpon whom the lot fell were to sit in iudgment: This was called Sortitio Iudicum. Now if either the Plaintiffe or Defendant did suspect any of those, that they would be partiall, then might he except against them, and that was called Iudicum reiectio: Then the Iudex quaestionis would in manner aforesaide choose other Iudges into their places, and that was called subsortitio. Which being ended, those Iudges which were thus chosen received every one of them from the Praetor three tables, the one having this letter A written in it, betokening Absolution: whence Tully calleth it literam salutarem: The other having this letter C written in it, betokening Condemnatiō: the third having these two letters N. L. betokening Non liquet. After the receipt of the tables, then did the Praetor mittere vel dimittere iudices in cōsilium .i. send them to cast their tables into the vrnes, there being three vrnes or little coffers purposely provided; the one for those iudges which were chosen out of the Senators, the other for those that were chosen out of the Gentlemen, the third for those which were chosen [...]ut of the Martiall Treasurers. Now if they did cast the first sort of tables into the vrnes, then the Praetor pronounced the defendāt absolued; if the second, then he pronounced him condemned; if the thirde, then hee pronounced Amplius cognoscendum, that they must haue longer time to enquire: And this is properly termed Ampliatio, A repriue; and in such maner it is said, quod lis vel reus dicitur Ampliari. The proofes for this manner of proceeding in law may bee collected out of Rosinus lib. antiq. 9. cap. 19. 20. & 24. and out of Sigonius according to the marginall quotations.

Lex Cornelia de Sicarijs, Veneficio, & Parricidio.

[Page] Cornelius Sylla being Dictator ordained a law,C. pro Cluen. that the chiefe Iudge called Iudex Quaestionis with the whole bēch of Iudges, should sit vpon life and death on such as had killed a man; on such as had with an evill intent set any place on fire; on such as should walke with any weapon either to kill or rob a man; on such as had either made, bought, sold, had, or given any poyson, thereby to kill a man; on anie magistrate, whosoever should cause any conventicle or secret assemblies, or should giue their consent to the suborning of any man to accuse another falsely, that thereby he being innocent might be oppressed & condēned by publique iudgement. Moreover De eius capite quaerito, &c. .i. Let them sit vpon life and death on that man, which shall beare false witnesse, that another might be condemned to death; on that magistrate or chiefe Iudge, which shall take a bribe to condemne another to death.

Parricidium.] This word doth properly signifie onely a murthering of ones parents or kinsfolke, but in Numa Pō pilius his time it signified as much as homicidium .i. any mā slaughter whatsoever.

CHAP. 20.
Lex 12. tabularum de Vindicijs.

SI qui in iure manum conserunt, vtrei (que) superstitibus praesentibus vindicias sumunto.

Si qui in iure:] Here we must note, that the custome among the Romanes in old time was, that as often as any controversie did arise touching the possession of an house, a field, or any such like thing, the Praetor did goe vnto the house, field, or the thing questioned, being accompanyed thither with the Plainteiffe and the Defendant, togither with others whom the law required to be present as witnesses. This place wheresoever it were, though in the open fielde, during the time that the Praetor sate there to giue iudgement, was tearmed in Latin Ius, in English a Court. Where in the presence of the Praetor and the witnesses, the [Page] plaintiffe and Defendant did manum conserere, that is, as I. Camerar. pro L. Muraen▪ Camerarius supposeth, argue and dispute the case pro and con in a solemne forme of wordes prescribed them by the law. For this phrase is borrowed by the lawyers from the art military, where souldiers are said manum vel manu conserere, when they fight hand to hand. [V [...]rei (que) superstitibus praesentibus] .i. let both parties in the presence of witnesses (soRosin. ant. lib. 8 c. 29. Festus expoundeth superstites) [Ʋindicias sumunto] .i. Let them take a turffe of the ground: for soSig. de iud. lib. 1. c. 21. Sigonius expoundeth Vindiciae; though properly (as hee observeth) it signified the possessiō of a thing, rather then the thing possessed. This turffe being taken vp, was caryed to the Praetor, and iudgment was given vpon that, as vpon the whole. I do presume that in other cases, as in taking the possession of an house, &c: some other thing in maner of the [...]urffe was presented vnto the Praetor, vpon which as vpon the whole he gaue iudgement. In Processe of time, the Praetor by reason of the multitude of other imployments, not finding convenient leasure to review every particular groūd, or house called in question,A. Gell. vid. Rosin. Ant. l. 8. c. 29. it was ordained contrarie to the twelue tables, that the plaintiffe in such cases shoulde come into the court, and challenge the defendant in this forme of words, Ex iure manu consertum te voco .i. I challenge thee to goe out of the court into the field, to vse one towards the other that solemne forme of words which the law enioyneth. Then did the defendant either yeeld the possession of the ground, or else he did reply, Vnde tume ex iure manu consertum vocasti, inde ib [...] ego te revoco. Thē did they both taking witnesses with them without the company of the Praetor inire viam .i. goe into the ground bringing back a turffe thereof, vpon the which (as in maner shewne) the Praetor gaue iudgement at their returne.

For the better vnderstanding of this that hath been spoken in the explanation of this law, we must note, that the action tearmed Vindicatio was twofold: either the suit for the possession of a thing, or the suit for the Lordship or [Page] right owning thereof. The possessiō of any thing was recovered, either by a true & real violence, or by a seeming violēce. This seeming violence was twofold, either it was manus cōsertio, which was shewne immediately before; or Moribus deductio .i. a customary leading the vnlawfull possessor out of the groūd thereby to enter possessiō. Vis simulata altera à lege, altera emanavit à moribus; saithde iudic. lib. 1. cap. 21▪ Sigon. The first of these did arise from the Romane law, the other from a custome amongst the Romanes: the first of these is to bee seene in Tully his oration pro Muraena, the other pro Caecinnâ. To these Sigonius addeth a third kinde of seeming violence; which how iustly he hath tearmed a violence, I shal leaue to the indifferent iudgement of the vnpartial reader. The right of the Lordship or owning any thing was sued for in this maner: The plainteiffe did question with the defendant thus; first An auctor esset? .i. whether hee had not covertly made away the possession of the thing, thereby to frustrate the action. Secondly, An sponderet .i. whether he woulde put in a gage of mony into the court, which hee would forfeit if he were cast; which being done, the plaineteiffe did also vpon the demande of the defendant put in a gage of mony to be forfeited, if he prevailed not in his suit. This gage of mony was tearmedSigon. de iu dic. lib. cap. 21▪ sacramentum; and in this sense, Tully pro Milone, saith, Iniustis vindicijs, & sacramentis alienos fundos petunt, that is, they sue for other mens grounds, with vniust actions and gages of mony. Thirdly, An satisdaret, that is, whether hee woulde put in surety, that during the triall in law, the ground or house called in question should not be impaired. The solemne forme of words vsed in the first demande, is thus to be seene inCic. orat. pro Muraena & pro Coecina. Tully, Quando in Iure te conspicio, postulo ann [...]e sies auctor? If the defendant held his peace, then was he adiudged to pay all costs & damages; if he professed himselfe the present possessor, then did the plainteiffe proceed in mā ner as he should for the possession thereof; if he denyed it, then did the Praetor say vnto the plainteiffe, Quando negat, [Page]sacramento quaerito: Therevpon said the plainteiffe to the defendant, Quando negas, te sacramēto quinquagenario provoco, spondesne te soluturum quinquaginta asses, si auctor sis? To whom the defendant replyed, spondeo quinquaginta asses si auctor sim. Tu verò spondesne idem, ni sim? The plaineteiffe answered, Ego quo (que) spondeo. Now in this kinde of stipulation, the plainteiffe was said sponsione & sacramento pro vocare, sacramento rogare, quaerere, & stipulari .i. to challenge one to pawn a summ of mony for the trial of a suit in law. The defendant was said, cōtendere ex provocatione, cō tendere sacramento, & restipulari .i. to be sued in such manner. This mony was tearmed sacramentū, Sig. de iud. lib. 1. cap. 21. because when it was forfeited, it was bestowed in rebus sacris & divinis. Touching the last Interrogatory, I reade no set forme of words, but by the word satisdatio, the intelligent reader may coniect that it did somwhat symbolize with our English custome of putting in bale.

[Page]

Lib. 4.
Rites and customes observed by the Romanes in their warres.

De Militiâ.

TOuching the art military vsed among the Romanes, it will not be impertinent to consider, first how warre was proclaimed, and peace established by them: Then to march on to the description of their bands or cō panies, where wee may first obserue the office of their chiefe captaine, and their subordinate leaders, togither with the severall wards into which the vniversall army was divided. After this we may descend vnto the diversity of punishments vsed towards captiues, & likewise towards refractarious and disobedient souldiers: Adding as a corollary or period to our whole discourse the severall rewards, which the L. Generall with his souldiers after the performance of certaine noble atchieuements received.

CHAP. 1.
De ritu, quem Romani observârunt vel foedus ferientes, vel bellum inferentes: & de triplici ratione cons [...]ribendi milites.

VVe may remēber that it, hath been already shewn, that both the proclaiming of warre & peace belonged [Page] longed vnto a certaine order of Romane Priests called Foeciales, whom by reason of their office I englished Heralds at armes. The rites and ceremonies, which they vsed, when they proclaimed peace were as followeth. vz. One of those Heralds having his commission from the state (after that both sides had agreed vpon the truce & league now to bee concluded) tooke vp a stone in his handPolyb. vid. Rosin. antiq l. 10. c. 2. vsing this solēne forme of words: Sirectè & sine dolo malo hoc foedus at (que) hoc ius iurandum facio, dij mihi cuncta felicia praestent; sin aliter aut ago aut cogito, (caeteris omnibus saluis) in proprijs patrijs, in proprijs legibus, in proprijs laribus, in proprijs teplis, in proprijs sepulchris solus ego peream, vt hic lapis è manibus decidet, and therwithal he cast the stone out of his hand: which maner of oath was tearmed I [...]are Iovem lapidem, or per Iovem lapidem .i. as it hath been rendred by Festus, to swear by Iupiter holding a stone in ones hand.Sig. de iure Ital. l. 1. c. 1. Many say that he did cast that stone at an hogge or porker brought thither purposely, adding these words to the former; Si prior populus Romanus defexit publico cōsilio, tum ille Diespiter populū Rom. sic ferito, vt ego hunc porcum hodiè feriam: alluding to which custome Virgill saith, ‘Et caesâ iungebant foedera porcâ.’

The maner of denouncing warre hath beeneVid pag. 50. alreadie shewen. The act of service in warre was termed Mereri sub hoc vel illo duce .i. to serue in warre vnder this or that captaine: and whatsoever souldier was discharged of his service, as having served out his whole time; hee was called miles emeritus, and byOrat. pro lege Manil. Tully, such an one is said stipendia confecisse. Serv. l. 2. & 7. Aeneid. Servius hath observed, that the Romane souldiers were pressed three maner of waies: per Sacramentum, Coniurationem, & Evocationē. ButLips [...]de milit. Rom lib. 1 dial. 8. Lipsius censureth him for the amisse-explanation of the last member. Therefore the indifferent reader shall giue me leaue to borrow the tearmes from Servius; but the explanation of them partlie from Servius, partly from Lipsius in the places now quoted. Ordinarily souldiers at their presse did each severallie [Page] take their oath not to forsake their captaine or country; & this oath was called Sacramentum militare. The wordes thereof are rendred byVid. Lips. de milit. Rom. l. 1. dial. 6. Polybius thus: Obtemperaturus sum, & facturus, quic quid mandabitur ab imperatoribu [...], iuxta vires, and those were tearmed milites per sacramentum. Vpon extraordinary occasions, (as when tumults or commotions did cause any suspicion of imminent danger) the chiefe leader of the souldiers did go vnto the Capitoll and bring forth two banners or flags, the one red, called therefore vexillum roseum, vnto which the footmen repaired; the other sky-coloured called therefore coeruleum, which the horsemen followed. The reason why the horsemens bāner was sky-coloured isServ Aenei. lib. 8. rendred thus, because it did most resemble the colour of the sea, which colour they deemed most acceptable to Neptune, who was both the God of the sea, and the first autor of horses. Now because the suddaine daunger woulde not yeelde so much time, that they might severally bee sworne, therefore did they take their oath in common altogether; and thence were they called Milites per coniurationem; as likewise Lips. lib. 1. d [...]e mil. Rom. dial 4. Milites subitarij in respect of their suddaine presse. The third member may also be admitted, if we withLib. 1. de mil Rom. dial. 8. Lipsius vnderstand it in its true sense, namely for those souldiers who by the L. Generall were added vnto the body of their army; hee hauing autoritie to call out such other souldiers, who for their long service were discharged from giuing in their names at a muster. And these are generally by all autors tearmed Milites evocati; and Lipsius deemeth them all one with those whom Servius calleth Milites per evocationem. The souldiers being thus pressed, if they purposed to make warre vpon their enimies, then did the L. Generall summon them to prepare themselues by a sound of trumpets; & this was tearmed Classicum canere, à calando, which signifieth to call. Which being done, a skarlet banner was hanged out at the L. Generall his pavilion: from which ceremony I thinke that that common adage did first arise, [Page] conferre signa & Collatis signis pugnare, to ioine battle. Immediatly vpon this they did Barritum tollere, make a great shout or noyse with their voices to the greater terrour of their enimies: and that the noyse might be the greater, they did Arma concutere, rustle together with their armour, and clash their swords. These foure ceremonies are to be seene more at large inLib. 4. de milit. Rom. dial 11. & 12. Lipsius. Vnto which wee may adde the fift observed byIn ep viror. illust. l. 4. ep 1 Fr. Sylvius; namely that at the removing of their campe, they did conclamare vasa, giue a great shout or cry in token that the souldiers should trusse vp their bagge and baggage: and hence it is thatPlaut in Pseudolo. Plautus vseth this phrase, Colligatis vasis to signifie as much as paratè or expeditè. Now that they might be the readier for battle, they did gird (as I suppose) their souldiers coates close vnto them: And a souldier thus girt was called Cinctutus .i. (saithPigh. in sua praef. ad lib. 1. septim. Pighius) Cinctu tutus. Alex. Gen. dier. l. 1. c. 20. Inde Discinctos ignavos, & militiae minimè aptos putârunt; Praecinctos verò fortes & strenuos. Hence also is that proverbiall speech In praecinctu stare or Vivere, To be in a readinesse continually.

CHAP. 2.
De Legione, Auxilijs, & legionis partibus.

THE Romane forces were in olde time divided into two severall parts; namely in Legiones & Auxilia, into Legions and Auxiliarie bands. The Auxiliary bands were such forces as the neighbour and confederate countries did send vnto the Romanes. The legions were taken out of the body of the Romanes: Plutare. in Romulo. Legio, à deligendo dicta est, from the choice and selecting of souldiers.Rosin. Ant lib. 10. cap. 4 Romulus is said to haue beene the first author of these Legions, making every legion to containe three thousand footmen, and three hundred horsemen,Sig. de iure Rom. l 1. c. 15. one thousand footmen and one hundred horsemen being taken out of each nationall Tribe. Afterward it was augmented by Romulus himselfe into foure thousand footmen,Sigon. ib. whence it was called Quadrata legio. And in processe of time a legion encreased vnto [Page] the number of six thousand: which number it seldome or never exceeded (as it appeareth by Sigon. in the place now quoted.) NowAlex. Gen. die [...]. l. 1. c. 20. none could bee ordinarily registred for a souldier vntil the seventeenth year of his age,Pancirol li. rerum deper. dit. cap. de habit. & vest. veter. at which his first admission he was tearmed Tyro, a fresh water souldier: and hence figuratiuely Tyrocinium hath not beene translated only the first entrance into warre, but also the initiation or first entrance into any art or science whatsoever. After he had served many yeares, then was he tearmed Veteranus, an old beaten souldier.Sig. de iure Rom. l. 1. c. 15 The Romane legion was divided In pedites & equites, there being commonly for every thousand footmen an hundred horsemen. Pedites distributi erant in Cohortes [...] Chortes in Manipulos; Manipuli in Centurias: Equites distributi erant in Turmas; Turmae in Decurias. The word Cohors doth signifie that part of ground, which is commonly enclosed before the gate of an house, Edmunds in his observ. vpon Caesars Comment lib. 2. c. 3. which from the same word we calle a Court: andVarro. lib. 3. de re ru i [...]a. Ʋarro giveth this reason of the Metaphor. As in a farme house (saith hee) many out buildings ioined together make one inclosure: so Cohors consisteth of severall maniples ioined together in one body. It is manifest (saithAlex. Gen. dier. l. 1. Alexander) that the Romanes in ancient time did very seldome, yea never (exceptin great necessitie) inroll into their vniversall army aboue foure legions: and in an ordinary legion which he tearmeth Legionē iustam ten Cohortes, every Cohors containing 3 maniples, every maniple two Cēturies, every Cē tury an hundred souldiers: whence they from Centū were called Centuria, a centurie.Varro. vid. Rosin. ant. Rom. l. 10. c. 5 These centuries were sometimes divided into lesser numbers called Contubernia; every Contubernium containing tenne souldiers besides their captaine,Rosin. ibid. which was called Decanus, and Caput Contubernij. Where we must obserue that Contubernium doth signifie as well the pavilion or lodging it selfe, as the souldiers lodging therein: and it may be so called quasi Contaberniū, frō Taberna signifying any slight lodging made of boards. Those that ruled over a thousand footmen we may in English [Page] cal Seriants maior. They called them Tribunimilitū. Those that governed over the centuries were called by thē Centuriones, by vs in english Centurions: and they had their inferiour officers vnder them which were called Tergiductores, or Extremi agminis ductores. Veget. vid. Rosin. ant. Rom. l. 10. c. 7 Their office was to oversee and looke vnto those of the campe which were sick, who commonly came behind the army, Quasi extremum agmen, et tergum aciei. The horsemen were divided into severall troopes called Turmae, every Turma containing thirtie horsemen. Againe every Turma was subdivided into three lesser companies called Decuriae, every Decuria containing ten horsemen: whence their captaine was called Decurio, and the captaines over the greater troopes, namely over the severall wings of the horsemen, were called Equitum praefecti. Now the chiefe governour over the vniversall army was called cōmonly Imperator: we in English call him a L. Generall. His Lieutenant or L. deputie was called Legatus, Lips. de mil. Rom. lib. 2. dial. 10. who in old time was sent non tam ad imperandum, quàm ad consulendum imperatori. This word Imperator in the Romane histories hath a threefold acception. First it is taken for him; who by commission from the state hath the managing of an army, being the same that Praetor was in ancient time: and in this sense it hath affinitie with the office of our L. Generall. Secondly for such a L. Generall, who by his prowesse having putBarth La tom. in Phil. orat. 14. one thousand of his enimies to the sword, both his souldiers saluted him, & the Senate styled him by the name of Imperator: But if hee had slaine lesse then one thousand, he was not thought worthy of this solemne salutation by that name. Lastly it was takē for a soveraigne Prince, King, or Monarch, in which sense it was the Praenomen of all the Romane Emperours frō Iulius Caesar forward. Now because the souldiers in a Legion must of necessitie differ much in estate, age, and experience, some being welthier, elder, and of more experience then others; hence was it requisite also, that there should be a distinction of places in their armies, according to the [Page] desert and worth of each severall person. We are therefore likewise to vnderstand,Lips. de mil. Rom. l. 1. dial. 3. that the Consuls every yeare made a generall muster: at which time the military Tribunes chose out the youngest and poorest of all the rest, & called them by the name of Velites. Their place in regard of the other souldiers was base and dishonourable, not onely because they fought a farre off and were lightly armed; but also because they were commōly exposed to their enimies as forelorne hopes. According toLip. de mil Rom. lib. 4. dial. 3. Lipsius these Velites did commonly make vp the spaces betweene the Maniples of the Pikemen; notwithstanding they did like scouts run to & fro, casting out their darts (as occasion was offered) & so retire: whence when a man doth leape from one thing to another in his talke, wee say hee doth Agere velitatim. Having chosen out a competent number of these scoutes, they proceeded to the choise of thē, which they called Hastati .i. Pike-men: forasmuch as they fought with a kinde of iaueling, which the Romanes called Hasta. These Pike-mē fought in the first part or fore front of the maine army. The third choise which they made, was of the strōgest & highest bodiedmed men, who for the prime of their age were called Principes: and hence was the second place or warde in the maine army called Principia, according toTerent. Eunuch. Act. 4. Scen. 7. Thraso his speech, Ego erapos [...] principia .i. I will followe the Principes, thereby choosing to himselfe the best, and safest place. The last sort of souldiers, which stood in the third place or rereward, were called Triarij. They were of al, the most approved, and the very last helpe and refuge; so that if they failed, all was lost: and hence ariseth that forme of speech, Ad Triarios ventum est, Alex. Gen. dier. l. 5. c. 15. whereby we signifie that a thing is come to the last push. As I suppose, the weapon, wherwith these Triarij fought, was a dart with yron fastened at the end of it, called in Latin Pilum. The reasons of this my cō iecture are these: first because the first century of these Triarij was called Primum pilum, and their centurion Primopilus, and Primipilus, and Primus centurio, because he was [Page] the chiefe Centurion in a whole legion, as having the charge of the chiefe banner called the Eagle;Lip. de mil. Rom. lib. 2. dial. 8. whence Aquila is sometimes vsed to signifie Primopilatum, the office and place of the Primopilus. The second Century was called secundum pilum, & their Centurion Secundipilus, &c. Secondly, they called the Principes, which marched in the battle immediatly before these Triarij, Antepilanos: which argueth that those souldiers, which followed next shoulde be the Milites Pilani; and by consequence their weapon should be that kind of dart, which they called Pilum. Their maner of embattelling was divers. Sometimes they would make a winged army, so that the maine body thereof should be in the middle, & on each side a lesser company: The maine body we in English call the Vauntgard, & the two lesser companies we call Wings; as likewise in Latine they called them Alas aciei, and dextrum vel sinistrum cornu. Pancir in notit. orient. & occident imper. c. 32. Pancirollus calleth them Vexillationes, because there fought no more in either wing, then belonged to one banner called in Latin Vexillum. The governours of these wings he calleth Alarum Praefectos. Sometimes they embatled so, that the forefront of the Army being smal, it was enlarged bigger and bigger backwarde in manner of a triangle: ByLips. milit. Rom. lib 4. dial. 7. Lipsius it is demonstrated vnto vs vnder the forme of the greeke letter [...]. He in the same place calleth it caput porcinum, quia velut fodit & ruit invadendo. Commonly it was called Cuneus militū, the metaphor being borrowed not only from the resemblance it had with a wedg, but also from the vse of a wedge: for they never embatled in that forme, vnlesse it was to breake through their enimies, the piercing angle being thicke compacted with targets. Sometimes they did in a quite cōtrary maner enlarge their army in the forefront, making it to end in an angle: & Lips. milit. Rom. lib. 4 dial. 7. this they called Forfex and Forceps militum. Sometimes their forme of embatling was circular, and then was it called Orbis vel globus militum. The banner or flagge was properly called Ʋexillum, being a diminutiue of Velum. It [Page] was also calledFestus vid. Panc. in not. orient. & occident [...]p. cap 32. Bandum: whence we do at this day call so many souldiers, as do fight sub eodem bando, a band of souldiers: as Romulus called those that fought sub eodē manipulo foeni (an handfull of hay being vsed at that time insteed of a flagge) Manipulum militum. Ovid.

Pertica suspensos portabat long a manîplos,

Ʋnde maniplaris nomina miles habet.

CHAP. 3.
De oppugnatione vrbis, & ijs quae ad oppugnationem requiruntur.

IF the siege of a towne seemed difficult and hard to compasse, then did the Romanes vse certaine meanes of policie for the better effecting thereof. They invironed the towne with a broad and deepe ditch, adding therevnto a rampier, fortified with many castles and fortresses, whereby they both kept the towne from any forraigne succour, and withall secured themselues from sallies and other stratagems. This rampier did extend it selfe toward the wals of the city, so that by making (as it were) a great hill, they might overtop the city, and fight with the greater advantage. Now that this great heape of earth might become firme and well able to support the buildings to bee erected vpon it, they did cast in much timber & stones amongst the earth; and this heape of earth, stones, and timber when it was reared, was properly called Agger; whence commeth both the Latin verbe Exaggerare [...], and the English to Exaggerate .i. to amplifie or encrease a matter. The stakes, posts, & trees, which were ramined in about this bulwarke or rampire to vpholde the earth, were sometimes called Lips polio [...] lib 2 dial 2. Ceru, because of their forked and sharpe tops; but more properlyServ. Aenei. lib. 10. Valli, and Valla. The distance or space betweene each stake was called Intervallum; though now Intervallū doth signifie not onely such a distance, but any distance either of place or time, as it appeareth by that ofCic. ep. fam. lib. 1. ep. 7. Tully: Intervallo locorum, & temporum d [...]siuncti. Sometimes Vallus [Page] doth signifie a pole or stake, wherevnto vines are tyed; according to that received adage, which we vse when a speciall friend forsaketh one, Vallus vitem decepit. From the first signification it is, that Vallum doth often signifie the inclosure, or hedging in of trees and stakes, wherwith the bulwarke is vpheld: Alluding wherevntoA Gel. Noc. Attic. l. 1. c. 15 A. Gellius translateth [...], Vallum dentium. The meanes of their defense, whiles they were making this their rampire, was a certaine engine or ordinance of warreRosin. ant. Rom. l. 10. c. [...]6 made of plankes and hurdles, running vpon wheeles, vnder which they might rest secure frō all stones and darts cast from the wals of the city: It was called Vinea. A second engine was Musculus: The matter wherof it was made I haue not read: but the vse of it was, that vnder it the souldiers might approch vnto the wals of the city, and vndermine them. Thus much Lips. polior. lib. 1. dial. 9. Lipsius seemeth to inferre, when he rendreth the reason of the name: Musculus ideò dictus, quia instar eius animalculi foderent sub eo terram. A third meanes of their defense was Militaris testudo. This word Testudo in the art Military had a double acception, both being borrowed from the resemblance of the Tortoise shell, which is the true & genuine signification of this word. In the first acception Testudo, Rosin. ant Rom. l. 10. c. 16 doth signifie a warlike engine or fense made with boards covered over with raw hides, which served against fire and stones cast at the souldiers: vnder this they might safely assaile the wals.Stad. in Flor. l 4. c. 10. In the second acceptiō it signifieth a target-fense, which was a close holding togither of targets over head like a vault or roofe, wherewith the footemen did defend themselues from the thicke shot of arrows or slinging of stones. Their rampier or countermure being finished, they vsed certaine great timber towers made vpon wheeles to run to and fro, which they called Turres ambulatoriae, moueable turrets. These towers had many stories one over the other,Rosin. ant. Rom. lib. 10. cap 16. wherein they carryed ladders & casting bridges thereby to scale the wals. The engines hithervnto haue been defensiue, such wherwith the Romanes [Page] defended themselues in their siege: others there were offensiue, wherwith they did assaile the city; and of those the chiefe were Balista sive Catapulta, Scorpius sive Onager, Aries, & Malleoli. The first of these engines, as it was called Balista [...], from darting or casting forth any thing,Lips. Poliorc. lib. 3. dial 2. so was it in old time called Catapulta [...], which signifieth a shaft or dart. The forme thereof followeth trāslated word for word out ofAm. Marc. lib. 23. cap. 3. Marcellinus. [Betweene two plankes there is set in frame, and fast ioyned a strong & bigge yron, reaching out in length after the mā ner of a good great rule; out of the round body whereof, which is artificially wrought, there lyeth forth farther out a fowre square beame, made hollow with a direct passage in manner of a narrow trough, tyed fast with many cords of [...]inewes twisted one within the other, and therevnto are ioined two wooden skrewes; neere vnto one of which standeth the cunning Balistier, & subtilly putteth into the hollow passage of the beame a wooden shaft with a bigge head glewed fast to it. This done on both sides, two lustie young men doe bend the engine by turning about certaine wheeles. When the top of the head is drawne to the vttermost end of the cords, the shaft being carried forth of the Balista, by the inward force thereof, it flyeth out of sight.] That the reader may receaue the more light in the vnderstanding of this obscure description. I haue added the very words of Marcellinus. [Ferrum inter axiculos duos firmum compaginatur & vastum; in modum regulae maioris extentū: cuius ex volumine teretis, quod in medio ars polita componit, quadrat us eminet stylus extensius recto canalis angustimeatu cavatus, & hac multiplici cordâ nervorum tortiliū illigatus: ei (que) cochleaeduae ligneae coniunguntur aptissimè, quarum propè vnam adsistit artifex contemplabilis, & subtiliter adponit in temonis cavamine sagit tam ligneam spiculo maiore conglutinatam: hoc (que) facto hinc inde validi iuvenes versant agilitèr rotabilem flexum. Quum ad extremiatem nervorum acumen venerit summum, percita interno pulsu à balista ex oculis evolat. [Page] In respect of its vse we may english it a Crossebowe: but it was much bigger, and of a different forme. The Scorpion, which now they call Onager, is described by Marcellinus in the same place thus. [Two oaken or elme beames are hewen out, and somewhat bended, so that they seeme to bunch out in backs; and these in maner of aMachinae Serrat [...]iae. saw engine are tied fast together, being bored through with wide holes, through (which by the meanes of those holes) strong cords are tied, keeping in the whole frame, that it start not asunder:Ab hac medi [...]tate testi [...]] Here we must [...] that this significatiō of testes is borrowed from the Anatomists, which doe call certaine eminēt parts behind [...] Testes. Vid Fuchs. inst [...]t. med. l. 1. sec. 5. From betweene these bunches, another wooden beame reaching forth overthwa [...]t, and in maner of a waine beame erected vp, is tied with such devises vnto certaine ropes, that it may be pulled vp higher, or let downe lower at ones pleasure; and at the top thereof certain yron hooks are fastned, from which hookes there hangeth down a certain sling either of iron or tow: Vnder which erected beam there lyeth a great peece of haire-cloath full of small chaffe tied fast with cords, and placed vpon a bancke of tur [...]es, or a heape of bricks: When therefore it commeth to the point of skirmish, a round stone being put into the sling, foure young men on one side loosing the beames, into which the ropes are incorporated, doe drawe backe the erected beam vnto the hooke. Thus at length the master of the engine standing in some high place, giving a mightie stroke with a hammer (and, as I suppose, vpon the cord, wherevnto the erected beame was fastned, with his hooke) se [...]teth opē the rayles, that containe the whole worke, insomuch that this erected beam being now at liberty with that quick stroke, and hitting against the soft haire-cloath, it hurleth out the stone, that will batter whatsoever is in the way. And it is called Tormentum, quod ex eo omnis explicatio torquebatur. It is also called Scorpio, because when the long beame or tillar is erected, it hath a sharpe top in maner of a sting. The moderne time hath imposed vnto it the name of Onager .i. a wild Asse; because that wild Asses, when they are coursed by hunters, fling backe stones with their heeles a farre off. [Page] so that often times they pierce the breasts of those that follow them.] The Latine word is made from the Greeke [...] .i. Asinus & [...], rus vel ager. Now if any aske me, why that sa [...]k cloath of ashes was interposed, the reason is rendered by Marcellinus in two lines, which I purposely did not translate in their place, because I would continue the sense, without such a long parenthesis. The reason is there delivered thus; because the violence and force of the erected beame recoiling, after it had beene by the stroke discharged, was such, that it would shake in peeces the strongest wals, except there were some soft thing interposed, whereby the forceable strength of the recoile might bee by degrees slacked. The Aries or Ram is described also by Marcellin. in the same place. [The Ram was a great tree, or beame like vnto a mast of a ship, having a peece of iron in maner of a Rams head, fastned at the end thereof, wherewith they did demolish and batter downe the wals of a city. It was hung vnto a beam, which lay a crosse over a couple of pillars, and hanged thus equally ballanced, it was by force of men pulled backward, and then recoiled vpon the wals.] In lieu of these Rammes another engine was found out, called Helepolis, ab invsitato [...] .i. capio, & [...] .i. civitas. The forme of it is to bee seene also in Marcell. ibid. [There was (saith hee) a Testudo, or vaulted frame made, strengthned with very long peeces of timber: it was covered over with oxe hides, and greene wicker hurdles: the vpper part or convexe sur-face thereof was overlaid with mud, to the end that it might keepe of the fal of fire and casting of weapons. Now there were fastned in the front of it certaine Cuspides tri [...]ulcae .i. iron pikes with three edges very massy, in maner of the thunderbolts, which painters and poets exhibite vnto vs. This great engine the souldiers ruling within with divers wheeles & ropes, with maine force they thrust it against the wals.] [Malleoli (saith the same Marcellinus) were certaine darts fashioned on this maner; there was an arrow made of a cane, betwixt the head & the [Page] nocke whereof was fastned an iron full of cle [...]ts; which arrow like vnto a womans distaffe, on which linnen is spinned, was finely made hollow within the belly, yet open in many places: In the belly it receaved fire with fuell to feed vpō. And thus being gently discharged out of a weak bow (for with an over strong shooting the fire was extinguished) if it tooke fast hold on any place, it burned the same, & water being cast thereon, the fire increased: neither was there any meanes to quench it, but by casting duston it.] Now if they could not prevaile by these engines called Machinae, then did they make certain passages vnder groūd which they called Cuniculi from Cuniculus signifying a cony-berry: insomuch that these two phrases are opposite, Machinis, & Cuniculis oppugnare, as it appeareth by that ofPlutarc. in vit. C▪ Caes. Plutarch: Caesar non iam cuniculis, sed machinis tollit rempublicam .i. He doth not now covertly, but with open violence assault the common weale.

CHAP. 4.
De poenis in hostes devictos.

ALbeit after the victory the Romanes inflicted divers degrees of punishment, according to the malice found in an enimie; yet were they alwaies compassionate, and (as histories testifie) more exorable then any other nation. The punishments which we find them to haue vsed toward a conquered nation are these. Either they punished them by death; or sold them sub coronâ; or dismissed them sub iugum; or merced them in taking away their territories; or made them tributarie states.A. Gell. lib. 7. cap. 4. An enimie was said to be sold sub coronâ, when he being placed in the market place, a crowne was put vpon his head in token of such a sale: or therefore certaine capti [...]es were said to be sold sub coronâ, because at such times they were invironed about with souldiers to keepe them together, and this circle of souldiers, as likewise of all other companies, is called Corona. When they dismissed any sub iugum, Stad. in Flor lib. 1. c. 12. they erected two [Page] speares with a third lying a crosse in maner of a gallowes: then they caused them being di [...]armed, and their belt takē away to passe vnder in token of bondage. When their territories were taken from them, they were commonly conferred vpon old beaten souldiers, in way of remunoration for their faithfull service. This transplantation was termed Coloniae deductio; and the place ever after Romana Colonia .i. a Romane Colonie. At which times they chose out every tenth man, viz. such as were able and of best sufficiencie to make and establish a publike councill,Sig. de iure Ital. l. 2. c. 4. whom they named Decuriones. Whence wee may obserue, that Decurio is not alwaies taken for a captaine over ten horsemen, but sometimes it is vsed to signifie an Alderman, or chiefe Burgesse in a Romane Colonie. Divers times the Romanes would bee content after the conquest to grant to their enimies a peaceable enioying of their lands and possessions, conditionally, that they woulde yeelde all faithfull allegiaunce vnto that L. Deputy, whōsoever the Senate of Rome should place over them. The L. Deputy was either styled by the name of a Propraetor, a Proconsul, or a Praefectus. Those places, where the two first sorts of governours did rule, were tearmed Provinciae; the other from the governour was termed Praefectura. Where wee must obserue that this word Provincia hath a threefold acception. First it is taken for a country, which by the force & power of armes is subdued to the Romane empire, and governed by some Romane Deputie sent from the Senate: and this is the proper and primi [...]iue signification thereof, it being so called,Pig. lib. Tyrannif. Quod populus Rom eam provicit .i. ante vicit. Secondly it is taken for any region or country, where the L. Generall or chiefe captain over a Romane army doth manage warre against any nation by commission from the Senate. Lastly it signifieth any publique function or administration of office, yea any private dutie, charge, or taske either vndertaken, or imposed; according to that ofTerent. in Phor. Terence, Provinciam cepisti duram .i. thou hast vndertaken an hard taske. Now the tribute to [Page] be paid was either certaine, or vncertaine. The certain was properly called Tribut [...] vel Stipend [...]; and those who paid it were tearmed Tributarij sive S [...]ipendiarij: and this tribute was of two sorts, either ordinarie, such as was required from every house yearely, even in the time of peace; or extraordinary, such as was levied by a law or decree of the Senate towards vnexpected charges. The vncertaine tributeSig. de iure Rom. l. 1. c. 16 properly called Vectigal, wasStadius in Flor. l. 3. c. 13. either impost-mony, such as was collected in haven townes for the transportation of marcha [...]ts wares, and that was called from Portus Portorium, or from Porta Portarium, and the receavers thereof Portitores: or Tithe corne, namely the tenth part of their graine, and that was called from Decem Decumae, and the receauers thereof Decumani; though Decumanus when it is an adiectiue signifieth as much as Maximus, according to that of Ovid. lib. 1. de Trist.

Qui venit hic fluctus▪ fluctus supereminet omnes;

Posterior nono est, vndecimo (que) prior.

The reason of this signification isFr. Sylv. in viror. illust. ep. 2. lib. 1. supposed to be, because in Arithmeticke amongst simple numbers the tenth is the greatest: or lastly that mony, which was paid by certaine heardes-men for pasturing their cattle in the Romane fields and forrests. This kinde of tribute was called Scriptura, and the pastures Agri Scripturarij; because (asSig. de iure Rom. l. 2. c. 4. Festus saith) the bayliffe or receaver of this mony, called Pecuarius, did Scribendo conficere rationes .i. keep his account by writing. Where we must note, first that all these kindes of Tributes were not only required in Provinces or Countries subdued, but throught Italy, even in Rome it selfe. Secondly though each collectour of these Tributes was distinguished by a peculiar name, yet by a generall name they were al calledCic. de A rusp. respons. & alias saepe. Publicani, in as much as they did take to rent these publike tributes. The chiefe of them, which entred into bond, as the principall takers or farmers of these tributes Tully calleth Mancipes. The others which were entred in to the same bond as sureties, were tearmed Praedes. Many [Page] times the Romanes did bestow the freedome of their citie vpon forraigne countries; & the degrees of freedome was proportioned accordingly as the countries were. Some they honoured with the name of Romane citizens, but excluded them from the right of suffraging, leaving them also to be governed by their owne lawes and magistrates. This state they called a Municipal state, in Latine Municipium, because they were Muneris huius honorarij participes. Sig. l. 2. de iure Ital. c. 7. By Munus honorarium in this place is vnderstood nothing but the bare title of a Romane citizen, whereby they were privileged to fight in a legion as free denisons, not in an auxiliary band as the associates. Now the first that ever obtained this Municipall state, were the Cerites, who for preserving the holy things of Rome in the time of the warre against the Gaules, were rewarded with the freedome of the citie, but without power of suffraging; From whence it is, that those tables, wherein the Censors inrolled such as were by them deprived of their voices, were called Cerites tabulae; Horace calleth such a table Ceritem ceram, for the reason shewne before. But wee must withall obserue, that some Municipall townes haue either by desert or instant suit obtained the libertie of suffraging also, which occasioneth that receaued distinction, that there was Municipiū sine suffragio, and Municipium cum suffragio. Other countries which could not bee admitted into the freedome of the citie, haue obtained, and that not without speciall and deserved respects to be Associats and confederats vnto the state of Rome. The inhabitants of such countries were sometimes called So [...]ij, sometimes Amici, sometimes Latini nominis socij, &c. The King or Prince of such a countrie did stile himselfe Amicus & socius Senat. & Pop. Rom. Here we must obserue a difference betweene Pactio and Foedus, both signifying a kind of league. That tru [...]e which in time of warre is concluded vpon, and accepted of both sides for a certaineSig. de iure Ital. l. 1. cap. 1. limited space of time, is properly called Pactio; we commonly call it Induciae; and it differed from Foedus: [Page] Sigon. ibid. first, because that Foedus is a perpetuall truce or league; Secondly because it was necessary, that one of those Heralds at armes called Foeciales, should by a solemne proclamation confirme this league called Foedus; neither of which conditions was absolutely requisite in their truce tearmed Pactio.

CHAP. 5.
Mulctae militares, quibus milites Romani ob delicta afficiebantur.

TOuching the punishments that the Romane L. General vsed towards his owne souldiers when they were faulty, they were commonly proportioned vnto the fault committed. Sometimes they were easie, of which sort were al those punishments which did only brand the souldiers with disgrace; other times they were heavier, such as did hurt & afflict the body. To the first sort belonged these; First Ignominiosa dimissio .i. a shameful discarding of a souldier, when he is with disgrace removed from the army. Secondly, Fraudatio stipendij .i. a stopping of their pay: & such souldiers which suffred this kinde of mulct were said to be are diruti, Rosin. antiq. l. 10. c. 25. because Aes illud diruebatur in fiscū, non in militis sacculum. Thirdly, Censio hastaria, whereby the souldier was inioined to resigne and giue vp his speare: for as those which had atchieved any noble act, were for their greater honour Hastâ purâ donati: so others for their greater disgrace were enforced to resigne vp their speare. Fourthly, the whole Cohors, which had lost their banners, were compelled to eat nothing but barly bread, being deprived of their allowance in wheat; and every Centurion in that Cohors had his souldiers belt or girdle taken from him, which was no lesse disgrace amongst them, then it is now amongst vs, that a knight of our order of the Garter, should be deprived of his Garter. Fiftly, for petty faults they made them to stand barefooted before the L. General his pavillion, with long poles of ten foote length in their [Page] hands: and sometimes in the sight of the other souldiers to walke vp and downe with turfes on their necks. In the last of these they seemed to imitate their city discipline, whereby malefactors were inioined to take a certaine beame resembling a forke vpon their shoulders, and so to cary it round about the towne; whence from Fur [...]a, & Fero they were tearmed Furciferi: It hath some affinity with our carting of queanes here in England. In the first wee haue no custome, that doth more symbolize, then the standing in a white sheet in the open view of a congregation. The last of their lesser punishments was the opening of a vaine or letting them bloud in one of their armes:Alex. Gen. dier. l. 2. c. 13. which kinde of punishment was vsed toward those alone, which (as they conceited thorow the abūdance of their hote bloud) were too adventurous and bold. The heavier kinds of punishments were these: first Virgis vel Fuste caedi, to be beaten with rods or with staues and cudgils. None were ordinarily beaten with cudgils, but those who had not discharged their office, in the sending about that tablet called Tessera, wherein the watchword was written; or that had forsaken their place, where they were appointed to keepe watch; or those who had stollen any thing from out the campe; or borne false witnesse against their fellowes, or abused their bodies by women; or lastly that had beene punished thrise for the same fault: those which were in this manner cudgilled, were often killed in the place; but if they escaped aliue, they were to liue in perpetuall exilement. The ceremony vsed in this kinde of cudgilling was, that theTrib. milit. knight Martiall should lightly touch the party to be punished with a club, which being done, all the souldiers did beat him with staues and cudgils; whence we may say of one that deserveth a good cudgelling inCic. orat. Phil. 3. Tully his phrase, Fustuar [...]um meretur. If a Romane souldier had broken his rancke by going out of order, then Virgis caedebatur .i. hee was scourged with rods. Sometimes the knight Martiall vpon iust occasion would cause them to be sold for bondslaues, to be beheaded [Page] to be hanged. All these punishments were personall or particular; there remaineth one which was general, namely when the fault was generall, as in their vproares, conspiracies, &c. Vpon such occasions the souldiers were called togither, and every tenth man vpon whom the lot fell was punished with that kinde of cudgilling aboue spoken of; all the others escaped either without punishment, or with very litle. The punishment it selfe was tearmed Dec imatio legionis, and the reason of this kinde of punishment, is rendred byCic. pro Cluent. Tully: vt metus viz. ad omnes, poena ad paucos perveniret.

CHAP. 6.
De donis militaribus ob rem fortitèr gestam.

Cōcerning the rewards which were bestowed in war, some were by the Senate conferred vpon the L. Generall: others were by the L. Generall conferred vpon his souldiers. Those honours which the L. Generall received were three. First Nomen Imperatoris, of whichVid. p. 176. before. Secondly supplicatio .i. a solemne procession continued for many daies togither, sometimes more, sometimes fewer: all which daies the Romane people did obserue as holy daies, offring vp dayly praiers and sacrifice to the Gods in the behalfe of their L. Generall: The custome being that after some notable victory, the souldiers having saluted their chiefe captaine (whom I call their L. General) by the the name of Imperator, then would he send letters vnto the Senate dight with lawrell, wherein he required both that name to be confirmed, and approved by them, as likewise that they would Decernere supplicationes .i. appoint such solemne supplications. Thirdly, they honoured him at his comming home also with a Triumph. Triumphus vel maior, vel minor erat, saith Alexander. The lesser kinde of triumph was properly called Ovatio, Salmuth. in Pancir. l. [...]erū deperd cap. de triumph. ab ove, from a sheepe, which in this time of his triumph was led before him, and afterward sacrificed by him: As also in the greater triumph [Page] (called properly Triumphus) the L. Generall sacrificed a bull. It differeth from the greater triumph first in the acclamation; for in the lesser triumph the souldiers following did as it were redouble this letter O, and some are of opinion that it was therefore called Ovatio. In the greater triumph the souldiers followed crying Io triumphe, Io triumphe: an example whereof may be seene inOde. 2. li. 4. Horace, where he describeth the triumph of Bacchus, the first autor of this greater triumph; from whoseSalmuth. in Pancir. l. rerū deperd. cap. de triumph. name also divers autors doe deriue this word Triumphus, he being in greeke called [...], which by a litle change is made Triumphus. Secondly they differed, because in the greater triumph, the L. Generall did weare a garment of state, called by some Trabea, Alex. Gen. lib. 6. cap. 17. by others Triumphalis, Picta vel Aurata vestis: likewise a garland of lawrell, riding in a chariot, the Senators themselues with the best of the Romanes meeting him, his souldiers with their coronets, their chaines, and other rewards following after: But in the lesser triumph the L. Generall did weare a plaine purple gowne without any gold imbrodering, and a garland of myrtle treeDion. Halicar. lib. 5. commonly going on foote, sometimes permitted to ride on a horse; the gentlemen and commonalty of Rome alone without the Senators did meete him. Moreover for a perpetuall memory of this their triumph in some publique place certaine trophies were erected.Alex. Gen. dier. li. 1. c. 22. Tr [...]phaeum monumentum dixere nunc marmoreum, mod [...]o aeneum, cum in scriptione & titulis aevo perpetuo duraturis. Serv. Aenei. lib. 10. Dictum est [...] .i. à conversione, from making the enimies to retire and turne backe. Sometimes there were statues, columnes, and arches built in token of triumph. These arches though commōly they were known by the name of Arcus triumphales, yet sometimes they are called For [...]ces, Fr. Sylv. in orat. Cic. pro. Cn. Plancio. whence it is that Tully calleth Fabianes triumphall arch Fabianum fornicem. If it so happened that the Romane Generall himselfe personally, did take away any spoiles from the chiefe captaine of the enimies, then did hee hang them vp in a temple consecrated to Iupiter Feretrius, [Page] who was so called,Alex. Gen. dier. l. 1. c. 14. because as the Romanes conceited, without the speciall assistance of Iupiter, Dux duce [...] fer [...]e non poterat: these spoiles had the name of Opima spolia .i. Royall spoiles. The rewards bestowed vpon the souldiers were divers: either places of office, as the place of a Centurion, of a Praefectus, a Decurio, &c. or their pay was increased, the spoiles distributed amōgst thē, or lastly they received certaine gifts tearmed Dona militaria. In ancient times those souldiers which ha d best deserved, receaved a certaine measure of corne called by them Adorea; Alex. Gen. dier. l. 4. c. 18. and hence it is, that Adorea is now vsed to signifie such laud & praise, as is due vnto a souldier. But after ages for the better encouraging of the souldiers, haue found out more honourable rewards, of whichSig. de iure Rom. l. 1. c. 15. these were the chiefest; Armilla .i. bracelet for the hand-wrest; Torquis, a chaine to weare about their necke; Phalerae, horsetrappings; Hastapura .i. a speare having no iron at the end of it; (Rosin. ant. lib. 10 c. 27. it is sometimes called Hasta donatica, and Hasta graminea:) Lastly Coronae, crownes, of which A. Gell. observeth these to haue beene the chiefe: 1. Corona triumphalis, which in olde time was made of Laurell, but afterward of gold, & thence was it called Corona aurea: it was sent by the Senate vnto the L. Generall in honour of his triumph; secondly Corona obsidionalis, which was given by the souldiers vnto their Generall, when they were freed from a siege: it was made of grasse growing in that place, where they were besieged, whence it had the name also of Corona graminea. Now the reason why they made this crowne of grasse growing in the place where they were besieged, was thereby to yeeld vp their right in that place vnto their captaine: for by that ceremony, asPlin. l. 22. cap. 4. Pliny obserueth, they did Terrâ & ipsa altrice humo & humatione etiam cedere. And hence it is, that in races, and the like masteries, hee that was overcome, did gather some of the grasse of that place, and giue it vnto the conquerour, as a token that hee did acknowledge himselfe conquered.Salmuth. in Pancir. l. rerū deperd. cap. de coronis. This is the reason of that Adage, Herbam dare [Page] .i. to yeeld the victory. Thirdly Corona civica, which was bestowed only vpon him, which had saved a citizens life, Pigh. l. Tyrannif. though in processe of time it was also bestowed vpō the L. Generall, if he spared a Romane citizen, when hee had power to kill him. It was commonly made of oake; whence it was called Corona quernea. Fourthly Corona Muralis: Dion. Halicar. lib. 10. He only was honored with this, which did first scale the wals, & enter first into the enimies citie: & hence this crown was cut vpon the circlet or top like vnto the battlements. Fiftly Corona Castrensis: This the L. Generall bestowed on him, which first entred into the enimies tents; it did beare in it the resemblance of a bulwarke, or at least of the mound, wherewith the bulwark was strengthned; which mound was called in Latine Vallum, and thence the crowne it selfe was often called Vallaris corona. Lastly Corona navalis, with which hee was honoured, which first entred into the enimies ship in a battle vpon sea: it was portrayd with many ship-beakes called in latine Rostra, Pigh. lib. tyrannif. whence the crown it selfe was often called Corona Rostrata.

FINIS.

INDEX RERVM ET VERBORVM MAXIME INSIGNIVM.

[Page]

[Page]

A

A. Litera in tabulâ scripta quid significet? 98

A. litera salutaris. 166

Abdicere quid? 119

Abire flaminio. 47

Ab ovo ad mala. Prov. 78

Acca Laurentia quae, & ei cur sacra instituta? 39

Actiones redhibitoriae quae? 128

Accumbendi ratio apud Romanos qualis? 76

Acerra quid? 91

Actus ne (que) plures, ne (que) pauciores in fabula, quàm quinque esse debent. 71

Ad agnatos, & Gentiles deducē dus est. Prov. 154

Ad meridiem. 65

Ad mediam noctem. ib.

Ad te tanquam ad aram confugimus. 2

Ad te tanquā ad Asylum conf. ib.

Addicere quid significet? 119

Addicta bona quae? 120

Addicti servi qui? 28. & 120

Adijcialis coena quae? 56

Adorea quid? 192

Adscriptus civis quis? 14 [...]

Adulterium quid? 85

Advocatus fisci. 131

Aedes Saturni. 10

Aediles vnde dicti? 128

Aediles Curules qui, & vnde dicti? ib.

Aediles plebeij qui? ib.

Aediles Cereales qui, & vndè dicti ib.

Aera Corybantia, & vndè dicta? 55

Aerarij qui? 97

Aerarium vnde dictum? 10

Aerarium sanctius. 11

Aerarium militare. ib.

Aerarium quomodò differat à fisco? 131

Aere diruti qui, & quare dicti? 188

Aes signatum, 161

Aes grave. ib.

Aesculapij insula. 12

Agere forum quid? 6

Agere pro Tribunali quid? 134

Agere de plano quid? ib.

Agere ad populum. 141

Agere cum populo. ib.

Agger. 179

Agonalis mons. 3

Agonales Salii. 49

Agones qui, & vndè dicti? 60

Agrariae leges. 150

Agri scripturarii. 186

Alae aciei. 178

Alarum praefectus. ib.

Alba toga quomodò differebat à togâ candidâ.81

Albo-galerus. 46

Albi dies qui? 66

Altare quid, & vnde dictum? 20

Altè praecincti pro expeditis dicti. 79

Amphitheatrum quid? 15

Amphora mellaria. 54

Amphora Italica. 143

Amphora Attica. ib.

Ampliatio quid? 166

Ampliari quid? ib.

An auctor esset? 169

An sponderet? ib.

An satisdaret? ib.

Ancile coelo delapsum. 49

Angues pinge duos i. duos Genios. [Page] 34

Angusticlavia. 34

Angusticlavij. ib.

Anniversariae feriae quae? 66

Annonae praefectus. 129

Annus quasi annulus. 62

Annus Lunaris. ib.

Annus à Romulo institutus. ib.

Annus Bissextilis. 63

Annus Iulianus. 64

Annus magnus, & vertens. ib.

Ante coenium quid, & vnde dictum? 76

Ante-pilani qui? 178

Ante-signani qui? 159

Antiquo quid significet? 98

Aperire ludum. 67

Apex quid? 46

Apex pileorum genus. 49.

Apollinares ludi qui? 73

Aquâ & igni interdicere. 116

Ara quid, & vnde dicta? 20

Arae quare gramineae dictae? ib.

Archi-gallus quis, & vnde dictus? 54

Ar [...]us Triumphalis. 191

Arena. 16

In Arenam descendere. ib.

Arietem emisit. Prov. 50

Aries machinae genus, & eius descriptio ex Marcellino. 183

Armis versis pugnare. 74

Arvales fratres qui, quot, & vnde dicti? 39

Aruspices vnde dicti? 40.

As. 155

Assiduitas in candidates. 109

Asylum. 1

Atri dies qui? 66

Attellanae vnde dictae? 70

Auctio quid? 149

Auctor quis? ib.

Aventinus Mons. 4. & vnde dictus? ib.

Augurum collegium 40

Augures vndè dicti? & eorum numerus initio, ac deinceps quā tus? 41

Auguratus semèl vni datus eidem vivo nuquam adimi potuit. ib.

Augurandi ceremoniae 42

Auguria prospera & adversa quā do dicta? 43

Auguria impetrativa. ib.

Auguria oblativa. ib.

Augustus Octavius Caesar dictus 120

Avibus bonis quid? 41

Avibus malis quid? ib.

Avis sinistra quid significet? 43

Aurea corona 192

Aurum coronarium quid? & vndè dictum? 148

Auspices quasi avispices. 40

Auspicijs bonis 41

Auspicijs malis. ib.

Auspicari rem quid? ib.

Auspicium coactum quid? & vndè dictum? 44

Auxilia quae? 174

Axare quid? 50

B.

BAlista quid? & vndè dicta? 181

A BAND of souldiers cur sic dict? 179

Bandum. 179

Barritum tollere 174

Basilica quae pars templi? 17

Basilicae Romanae quae? 8

Bellare coestu quid? 68

Bellum quomodò indici solitum? 50

Benignitas in candidatis 109

Berecynthia vndè dicta? 54

[Page] Bessis quid? 155

Biclinium vndè dictum? 76

Bissextilis annus qui? 63

Bissextus dies qui? 64

Blanditia in candidates. 108

Bona dea: 53. & quare dicta? ib.

Bustuarij qui? 74. & 94.

Bustuarij vndè dicti? 74

Bustum quid? & vndè dictum? 93

C.

CAballus mons 34

Coelius mons 3

Caesar 120

Caesar juventutis Princeps 121

Caesar Nobilissimus. ib.

Cajus, Caja, maritus & vxor dict. 88

Calantica 84

Calcei mullei 85

Calcei lunati. ib.

Calcei Vncinati 85

Calendae 64

Calumniam jurare, dejurare. 165

Calumniari, praevaricari, tergiversari quomodo differūt? 160

Campus sceleratus 11

Campus Martius quare Tiberin dict? 12

Candida toga 79

Candidatus vnde? 81.108

Candidatus Principis 82

Candidatus Quaestor. ib.

Capitolinus mons 2

Capitolium vnde? ib.

Capite-Censi 105

Capitis dimicatio 117

Capitis diminutio, maxima, media, minima 116

Capite damnatus 117

Capnomantes 45

Caput Porcinum in bello quid, & quare dict? 178

Carceres in circo quid, & vnde? 14

A Carceribus ad metam. ib.

Castoris templum 9

Castrenses ludi 75

Catapulta quid, & vnde? 181

[...] 70

[...] ib.

Catastrophe vitae humanae. ib.

Cavea quid? 14

Caudex quid? 100

Causae capitales 117

Celebaris hasta 87

Celeres qui & vnde? 27.111

Celerum Tribunus 111

Censor, Censoria virga. 115

Census quid signif.? 155

Census Senatorius 25

Census Equestris. ib.

Centum viri 117

Centuria quid? 175

Centuria Praerogativa 161

Centurio 106. 176

Ceratae tabulae 99

Cereales ludi 73

Ceres quomodo effingi solita? 37

Cereris sacra apud Romanos quo tempore facta? 37

Cereri sacrificat. Prov. 38

Cerites, municipes primi. 187

Cerites tabulae. ib.

Cervi, pars aggeris quare dicti? 179

Cestus 85

Chorus tam è viris, quàm mulieribus constabat 71

Cinctura laxior 79

Cinctura astrictior. ib.

Cinctus Gabinus. ib.

Cinctutus 174

Cimiliarchium quid? 11

Circum venire quid signif [...]? 137

[Page] Circenses ludi 68

Circus Maximus 13

Circus, quare dicitur fallax? 14

Cives originarij 27

Civitate donatus. ib.

Civilis dies quomodo dividitur? 65

Clarigatio quid? 50

Classicus 105

Classici Scriptores. ib.

infra Classem 105

Classicum canere. ib.

Clientes qui? 23

Clodius accusat moechos. Prov. 54

Coactum auspicium 44

Codex vnde? 100

Coena vnde dicta? 76

Coena Adjicialis; Pontificia. 56

Coenae caput 78

Cognoscere pronunciare quomodo diff [...]? 8

Cohors 175

Coire quid signif [...]? 137

Collegij magister 41

Colligatio vasis 174

Collina 22

Collini Salij 49

Collis
salutaris
3

Martialis

Latiaris

Collis
Cispius
4

Oppius

Septimius

Coloniae deductio 185

Comoedia vnde? & ejus part. 69

Comoediae & Tragoed differentiae quaedam 72

Comessatio 76

Comitium quid, & vnde? 8

locus quis? 104

Comitia, & comitium quomodo differunt? 8

Comitia calata 96

Comitia, Pontificia, Consularia, Aedilitia. 97

Comitia curiata 97.103

Comitia centuriata 97.104

Comitia tribu [...]a 97.107

Comitialis morbus 102

Comitialis dies 67

Comitialis homo. ib.

Comperendinari quid propriè? l65

Compitales ludi 68

Conclamare vasa 174

Conclamatum est 91

Concubium 65

Conditione tua non vtar 89

Confarreatio 87

Congiarium 109

Conscripti Patres, quomodo primùm dicti? 23

Consul 112

Consularis vir 114

Consules Honorarij, Ordinarij 115

Consules non Ordinarij, & suffecti. ib.

Conticinium 65

Contubernium: Contubernij caput 175

Convivia Romanorum quàm varia? 75

Convivarum quantus numerus?

77

Cornu dextrum vel sinist: aciei. 178

Corona quid? 184

Corona quae prima apud Rom.

40

Corona Trium phalis, aurea, obsidionalis, graminea 192

Corona Civica, quernea, muralis, Castrensis 193

Corona Vallaris, navalis rostrata. 193

[Page] sub Corona quid? 184

Corybantes vnde? 55

Corybantia aera. ib.

Cultrarij. 60

Cuneus militū quid & quare? 178

Cunei in theatris quid? 5

Cuniculis oppugnare. 184

Curia per se quid sig.? 4

Curia per se aliquando idē quod domus curialis. 40

Curia
Hostilia.
4

Pompeia

Iulia

Curiae olim apud Rom. quot? 40

Curiales Flamines. ib.

Curialis domus. ib.

Curio Maximus. 40

Curiones sexaginta. ib.

Curionia. ib.

Curulis sella. 114

Custodes qui? 98

Cybelle, vel Cybele. 54

Cybelleius circulator. ib.

D.

DAmnatus voti. 74

Dapes Saliares 50

Dare herbam. 192. 193

De meridie. 65

De media nocte. ib.

Dea Viri-placa. 89

Dea bona. 53

Decanus. 175

Decemviri. 122

Decimatio Legionis. 190

Decum [...] Decumanus. 186

Decumanus idem quod maximus & quare? 186

Decunx. 156

Decuriae. i56

Decurio quot signif? 185

Delubrum quid & vnde? 17

Deorum mater. 54

Depontani. 97

Devorat sacra haud immolata. 61

Devovere dijs inferis quid? 23

Deunx. 156

Dialis Flamen. 46

Dianae mons. 5

Dicam scribere. 157

Dicam sortiri. ib.

Dictator. 123

Dies bissextus. 64

Dies civilis quomodo divid. 65

Dies albi & atri. ib.

Dies festi, feriati, profesti, intercisi 66

Dies fasti, ex parte fasti, & nefasti. 67

Dies comitiales. ib.

Diem alicui dicere. 165

Diffarreatio. 87

Diffindere diem. 163

Dij maiorum gentium. 30

Dij consentes ib.

Dij & Divi quomodo differūt. ib.

Dij animales qui? 31

Dij patrii. ib. Dij tutelares. ib.

Dij communes 32

Dijs iratis aliquid facere. ib.

Diluculum. 65

Dimicare quid? 74

Diminutio capitis, maxima, media. minima. 116

Diribitores. 98

Discumbendi ratio. 76

Discus. 61. 68

Divortium. 89

Do, dico, addico. 76

Dodrans. 155

Domus Curialis. 40

Dona militaria. 192

Donatica hasta. ib.

Duella. 156

Duumviri sacris faciundis. 51

E.

[Page]EDictum vnde? 119

Edictum perpetuum. ib.

Edictum peculiare & novum. ib.

Edictum peremptorium. 165

Effari templa quid? 18

Elephantini libri qui? 11

Eleusina Ceres dicta. 37

Eloquentiae candidatus. 81

Emancipati qui? 153

Emancipatio. ib.

Emancipati desijssent esse agnati. ib.

Emisit arietem. Prov. 50

[...] quid? 70.

Epulonum Triumviri. 57

Equestria. 15

Equestris ordo. 24

Equitum magister. 123

Equus publicus. 24

Equus militaris. ib.

[...] quid Gell. signif. 180

Esquilinus mons. 4

Esquilina tribus. 22

Ex parte fasti dies. 67

Ex iure manu consertum te voco 168

Exaggero vnde? 179

Extispices qui, & vnde dicti? 45

Extra-muraneus Mars quare dictus? 48

Extremi agminis ductore [...]. 176

F.

FAbiani Luperci. 37

Fabulae palliatae, & togatae. 73

Fagutalis Iupiter. 5

Fagutalis mons. ib.

Familiaris pars in victimis. 45

Fanum quid, & vnde dictum? 17

Fana sistere. 18

Farracia. 87

Fartor. 108

Fasces pro magistratu. 111

Fasti dies. 67

Fatua

Fauna Bona dea appellata. 53

Fax prima. 65

Februarius vnde dictus. 36

Feretrius quare Iupiter dictus? 192

Feriati dies. 66

Feriae [...] privatae, publicae, anniversariae, stativae, & conceptivae, 66

Feriae Latinae, Imperativae, & Indictivae. 67

Ferre legem. 103

Festi dies. 66

Fidei Flamines. 51

Fidus idem olim quod foedus. ib.

Figere legem, & refigere. 103

Figere tabulam. ib.

Flama. 46

Flamines quot, & vnde dicti? ib.

Flamen Dialis. ib.

Flamen Martialis. ib.

Flamen Quirinalis. ib.

Flamines maiores, & minore [...]. ib.

Flamines Curiales, 40 & 47

Flaminio abire. 47

Flaminicae. ib.

Flaminii & Flaminiae. ib.

Flaminia aedes. ib.

Flammeus. 87

Flexumines, 111

Florales ludi. 73

Focus quid, & vnde dictus? 20

Foeciales. 50

vnde dicti? 51

Foedus quid? 18 [...]

Folium Sibyllae. 52

Folia Sibyllae colligere. ib.

Forfex, seu forceps militum. 178

[Page] Fornices. 191

Forum quotmodis sumitur? 6

Forum agere. ib.

Frorum indicere. ib.

Forum Iulium. 7

Forum Augusti. ib.

Forum transitorium, & cur sic dictum? ib.

Forum Traiani. ib.

Forum Salustij. ib.

Forum Romanum, quod & forum vetus. ib.

Fori in Circo Max. quid? 13

Fratres arvales qui, quot, & vnde dicti? 39

Frumentariae leges. 150

Frumentum aestimatum. 151

Frumentum decumanum. ib.

Frumentum emptum. 152

Frumentum imperatum. ib.

Funalia vnde? 94

Funus. ib.

Furcifer vnde? 189

Fuste caedi. ib.

Fustuarium meretur. ib.

G.

GAlli Cybelles sacerdotes 54

Gallica quid? 85

Gallicinium 65

Gemoniae scalae vbi 5

Genialis arbor quae? 33

Genialis quid sig? ib.

Genialis lectus. 89

Genius bonus & malus. 32

Genio indulgere. 33

Genium defraudare. ib.

Genius loci. 34

Globus militum. 178

Gradivus à gradiendo. 48

Graeca sacra. 37

Graeca sacerdos. ib.

Gramineae arae. 20

Graminea hasta. 192.

Graminea corona. ib.

Gymnici ludi. 68

H.

HAsta pura. 192

Hastâ purâ donati. 188

Hasta donatica. 192.

Hasta Gramin [...]a. ib.

Hasta Celebaris. 87

Hasta centum viralis. 117

Hasta pro venditione. 149

Hastae Iudices. 117

Hastaria censio. 188

Hastati qui 177

Haeredes primae cerae. 99

Haeredes ex toto asse. ib.

Haeredes in imâ cerâ. ib.

Haeredes secundi. ib.

Haeredes Legararii. ib.

Haeres fiduciarius, & imaginarius. 154

Haeres in totum assem institutus, quomodo differat ab Haerede ex toto Asse? 156

Haeres ex deunce.
ib.

Haeres ex quadrante

Haeres ex semunciâ.

Haeres sextulâ aspersus

Helepolis machinae genus, quid & vnde? 183

Hemones aliquando homines dicti. 31

Herbam dare. 192. 193

Herculis sacerdotes. 38

Histrio vnde dictus? 69

Homo comitialis 67

Homo omnium scenarum. 71

Homo plurimarum palmarum. 74

Homo sacer. 127

Homini mortuo ossane legito 93

[Page] Horrea Sempronia. 151

Horri Salustini. 7

Hostia vnde dicta? 58

Hostiare victimam. ib.

Hostilia Curia. 4

Hostilis pars in victimis. 45

I.

IAcere in Senatu. 113

Ianualij. 50

Idus. 64.

Ientaculum vnde dict. 75

Igni & aquâ interdicere. 116

Ignominiosa dimissio. 188

Ilicet quid signif. 94

Illotis manibus accedere ad rem. 59

Illotis pedibus. ib.

Imago idem quod nobilitas. 26

Immolatio. 60

Imperativae fe [...]iae. 67

lmperator. 120 190

quot signif. 176

Impetrativa auguria. 43

In alicujus sententiam ire. 113

Inauspicatò. 41

Incensimarium. 11

Incensus. 155

Incestus vnde 85

Indicere forum quid. 6

Indictâ causâ damnari. 137

Indiem tertium siue perendinum 165

Indigites. 30

Inferiae. 94

Ingenui qui. 27

In jus vocare. 134

In jus vocatio. 165

In justis vindicijs & sacramentis alienos fundos petere. 169

In litem jurare. 165

In praecinctu state vel vivere. 174

Intercalaris dies. 63

Intercisicdies. 66

Intendere actionem, litem. 165

Intempesta nox. 65

Intervallum quid. 179

Interrex. 123

Intonuit laevum. 43

Intra centesimum lapidem. 121

Iudices selecti. 136

Iudices quaestionum. ib.

Iudices lecti sortitione. 163

Indices editione, edititij, alterni. ib.

Iudicum decuriae. 158

Iudicum rejectio. 166

sub Iugum quid?, 179

Iulia Curia. 4

Iulianus annus. 64

Iunonij. 50

Iunus, sive Invus aliquando nomen Panis. 36

Iurare Io vem lapidem, vel per Iovem lapidem. 172

Iupiter Feretrius. 192.

Ius honorarium. 118

Ius Papirianum. 134

Ius & lex quomodo diff. ib.

L.

LAcerna quid? 84

Lacernatus oppositus togato ib

Laena qualis vestis. 42

Laevum in rebus sacris quid? 43

Lanx. 61

Lapis manalis. 48

Lapis pro mille pass. 121

Lares. 34

Lare sub parvo. ib.

Lari sacrificat. ib.

Latiaris coilis. 3

Laticlavia, Laticlavij. 83

[Page] Latini no minis socij. 187

Latinae feriae. 67

Latinus quis. 140

Laudare defunctū pro rostris. 92

Lectus Genialis. 89

Legatio mandata, votiva, libera. 143

Legatus quot signif. 133

Leges 12 tabularum. 122. 167

Leges tabellariae. 142.

Leges de Ambitu. 161

Legio vnde. 174

Legio Alaudarum. 159

Legio Quadrata. 174

Legio Iusta 175

Legis promulgatio. 101

Lemniscus quid. 74

Lemniscata palma. ib.

Lessum. 95

Lex & Ius quomodò differūt. 134

Lex Accusatorla. I57

Lex incerta de Nexu. 160

Lex Acilia. 164

Lex Acilia Calpurnia. 162

Lex Aelia. 141

Lex Atinia. 156

Lex Aurelia. 158

Lex Coecilia Didia. 145

Lex Caelia. 142

Lex Cassia. ib.

Lex Clodia,
ad religionem spect. | 138.
ad comitia spect. | 141.
de Magistrat. | 145.
de Intercess. | 146
de Provinciis, | 148.
de Cypro, | ib
de frument | 151

Lex Cornelia,
de Municipijs. | 140.
de Magistrat | 144. 145.
de Provincijs, | 146

Lex Agraria, |  | 150.
de Iudic. | 159.
de parricidio | 167

Lex Curiata, centuriata. 103

Lex Domitia. 138

Lex Fabia. 162

Lex Furia. 155

Lex Futia. 141

Lex Gabinia, 141.152

Lex Gellia Cornelia. 140

Lex Hircia. 144

Lex Hieronica. 152

Lex Iudiciaria Caes. 158

Lex Iulia
de Provincijs | 147.
de Iudic. | 158.
de Maiestate. | 161

Lex Iunia. 139 164

Lex Iunia Licinia de trinundino. 146

Lex Licinia. 163

Lex Licinia Aebutia. 146

Lex Licinia Mutia. 139

Lex Livia. 157

Lex Manilia. 142. 152

Lex Mancipij 161

Lex Memnonia. 160

Lex Papia. 139

Lex Papiria. 137. 142

Lex Plantia. 158

Lex Pompeia. ib.

Lex Porcia. 139

Lex Quadrupli. 116

Lex Roscia. 137

Lex Rupilia. 157

Lex Sempronia
de Civitate, | 139
de comit. | 142.
de Provinc. | 146

Lex Agrar. 150

Lex Servilia
de Civit. | 140.
de Iudic. | 157

Lex Socialis 164

Lex Sylvani & Carbonis. 140

Lex Terentia Cassia. 151

Lex Titia. 147

Lex Tullia
de Senat. | 143.
de Ambitu. | 162

Lex Valeria. 145

Lex Varia. 161

Lex Vatinia. 148

Lex Voconia. 155

Libatio. 60

Libamina prima. ib.

[Page] Liberi alij ingenui alii libertini. 27

Libera toga. 80

Libitina. Libitinarij. 91

Libitinarius idem quod capularis. ib.

Libri vnde. 98

Libri-pens vnde. 160

Lictores qui & vnde. 111

Linum incidere. 100

Litare. 61

Lite vel causa cadere. 136

Litis contestatio, Litis Redemptio, litis aestimatio, quomodo differ. 164

Loculi. 94

Lucus vnde dict. 19

Luceres. 22

Ludus. 67

Ludum aperire. ib.

Ludi compitales, circenses, & scenici. ib.

Ludi gymnici. 68

Ludi sacri, funebres, votivi, ludicri, Megalenses, Cereales. 73

Ludi Florales, Martiales, Apollinares. ib.

Ludi Castrenses. 75

Ludus Trojanus. ib.

Lugere differt ab elugere. 95

Lunaris annus. 62

Lupercalium origo, & ceremoniae. 36

Lupercalibus quid immolaretur. ib.

Lupa aluit Romulum & Remum expositos. ib.

Lupercal vbi. ib.

Lupercorum licentia quanta. ib.

Luperci Fabiani, 37

Luperci Quintiliani. ib.

Lustrum. 116

Lustrum condere. ib.

M.

MAchinis oppugnare. 184

Mactare hostiam. 60

Magnus annus. 64

Magister Collegij. 41

Magister equitum, populi magister. 123

Magistratum ambire: magistratū inire. 108

Magistratu abire. ib.

Magistratus quis. 100

Magistratus Majores. ib.

Magistratus Minores. ib.

Magistratus Patricij, plebeii. ib.

Magistratus Quinqueduanus. 123

Malleoli, machinae genus. 183

Mancipatio. 153

Mancipes. 186

Mancipium, mancipatus. 161

Mane. 65

quis (que) suos patimur Manes. 32

Manibus illotis accedere ad rē 59

Manibus pedibus (que) discedere in alicujus sententiam. 113

Manipuli. 175

Manipulus militum. 179

Manipularis. 159. 161

Manum conserere. 167

Manumissionis formula. 27

Mars quomodo effingi solebat. 48

Marte vario pugnatum est ib.

Marte proprio, 48

Martiales [...]udi. 73

Martialis collis. 3

Mater deorum. 54

Mavors. 48

Megalenses [...]udi. 73

Megalesia. ib.

Mel laria amphora. 54

Mensae Romanorum quales. 75

Merenda, vnde dict. 76

[Page] Mereri sub hoc vel illo duce. 1 [...]2

Meridies. 65

Meta 14

Miles emeritus. 172

Milites per sacramentum. 173

Milites per conjurationem. ib.

Milites evocati. 172

Milites subitarij. ib.

Militaria dona. 193

Mimi, qui, & quare planipedes dicti. 69

Mimicae fabulae. ib.

Minervij. 50

Mitra. 81

Mitriaci. 55

Mola. 60

Monitor. 108

Mons Palatinus vnde dict. 1

Mons Capitolinus, Tarpeius, Saturni. 2

Mons Quirinalis, Agonalis, Caballus, Coelius. 3

Mons Querculanus, Esquilinus, Aventinus, 4

Mons Murcius. 5

Mons Dianae. ib.

Mons Remonius, Sacer, Viminalis, Fagutalis. 5

Mons Vaticanus. 6

Montorius. ib.

More Romano .i. ex animo. 21

Morbus Comitialis. 102

Morbus Sonticus. 163

Moribus deductio. 169

Mullei, Calceorum genus, vnde. 85

Municipium, quid & vnde. 187

Munus honorarium. ib.

Murcia Venus. 5

Murrhata, Murrhina potio. 95

Muralis corona. 193.

Musculus, vnde & quare. 180

Mutare vestem; quid signif. 81

N.

NAvails corona. 193

Naulum Charontis. 93

Nefastus dies. 67

Nexi, qui. 28

Nobilitatis ius. 26

Nomen idem quod debitum. 28

Nomina facere, liberare, exigere. ib.

Nomenclatio, Nomenclator. 108

Nominis delatio 165

Nonae. 64

Nongenti qui. 98

Novi qui dicebantur. 25

Nox intempesta. 65

Nox media. ib.

Nun tiatio. 102

Nun cupare vota. 74

Nuptiae. 86

Nuptiae innuptae. 88

Nuptialia dona. 89

O.

OBnunciatio. 102

Observatio de Coelo. ib.

Obsidionalis corona. 192

Oblativa auguria. 43

Occasus solis. 65

Olympica certamina. 68

Omen praerogativum. 102

Omne tulit punctum. 98

Omnium scenarum homo. 71

Opera & impensa perijt 68

Qperam & oleam perdidit. ib.

Opima spolia. 192

Oppius Collis. 4

Ops. 53

Optimates qui. 26

Oracula Sibyllina. 51

Oratio quid & vnde dict. 160. 191

Orbis militum. 178

[Page] Orchestra. 15

Ovile, quis locus in Campo Martio. 13

P.

PActio quid. 187

Palati [...] Salii. 49

Palatia vnde dicta. 1

Palatina tribus. 22

Palatinus Mons vnde 1

Palla. 84

Palliatae fabulae. 73

Palliati pro Graecis dicti. 78

Pallium. 78, 84

Palma, quare victoriae fignum. 74

Palma lemniscata ib.

Palmarum plurimarum homo. ib.

Palmata toga. 82

Paludamentum. ib.

Pan Ly [...]aeus,& ejus forma. 35

Papia lex. 139

Papiria lex. 137

Papyrus. 99

Parricidium quid 167

Parricidij quaesitores. 116

Pars hostilis & familiaris in victimis. 45

Pater Fiduciarius. 153

Pater-patratus quis▪ 50

Patres conscripti quando primū dicti. 23

Patricij qui. ib.

Patroni qui. ib.

Pecuarius quis. 186

Pecuniae repetundae. 163.

Pecunia ablata, capta, coacta, aversa. 164

Pendere,idem quod solvere. 161

Penula. 84

Perduellio; Perduellionis iudicium. 141

Perones, calceorum genus. 85

Pessinuntia. 54

Pessinuntius sacerdos. 138

Picta toga. 82

Pignora caerdere.concidere, rapere auferre. 113

Pilani milites, qui. 178

Pilum quid. 177

P [...]strinum quid, & vnde. 16

in P [...]strinum te dedam. ib.

Planipides excalceati. 69

Plebeii qui. 23

Plebiscitum. 103. 137

Poculum boni genij. 33

Poculum charitatis, ib.

Pollinctores. 91

Pomoerium quid. 1

Pompeia Curia. 4

Pondus pro toga. 81

de Ponte deij [...]rendus. 13

Pontes per quos sufrragia tulerint apud Roman, qui. 13

Ponfifices vnde dict. 56

pontificia coena. ib.

Pon [...] sublicius. ib.

Popae 58

Populares. 26

Popularia. 15

Po [...]titores qui. 186

Portorium. Portarium, vnde. ib

postsignani. 159

Postulatio, Postulare aliquem, de hoc vel illo crimine. 165

Potitij cuius sacerdotes dicti. 38

Praecidaneae hostiae. [...]9

Praeconi publico subijci, 149

Praedes. 186

Praefectus Annonae. 129

Praefectus Aerarij. 136

Praefectus Praetorio. 130. 131

Praefectus vrbis. 121

Praefectura. 185

Praefica. 92

Praerogativa Tribus vel centuria. [Page] 101

Praerogativum omen. 102

Praetexta toga. 82

Praetextate. 69

Praetextatus differt à togato, 82

Praetextata aetas. ib.

Praetores vnde. 113. 117

Praetor vrbanus, seu major. 117

Praetor peregrinus, seu minor. ib.

Praetores Cereales. ib.

Praetores fidei Commis [...]arij. ib,

Praetores Quaesitores. 118

Praetorium quot significat. 131

Prandium. 76

Pridiè Calendas. 65

Prima fax. ib.

Prima libamina. 60

Principes inter milites Rom. qui 177

Principta quae. ib.

Privatae feriae. 66

Proconsul. 132

Profesti dies. 66

Proletarij. 105

Prologus quid sit. 71

Prologus [...] ib.

Pronunciare, & cognoscere quomodo discrepant. 8

Promulgatio legis. 101. 103

Propraetor. 132

Proquaestor. ib.

Proscripti, qui. 144

[...] 70

Provincia quot fig. & vnde dict. 185

Provincias comparare, 132

Provincias sortiri, ib.

Provinciae Consulares. ib.

Provinciae Praetoriae. ib.

Provinciam cepisti duram▪` 181

Publicanus quis. 186

Publicae feriae. 66

Pulla toga. 81

Pullarius. 44

Pulpitum. 15

Pulvinar, aliquando idem quod templum. 18

Punctum pro suffragio. 98

Pura hasta. 192

Purpurea toga. 82

Puteal Libonis. 9

Q.

QVadram quid. 155

Qundruplatores. 156

Quaesitores Parricidij. 118

Quaestiones perpetuae. ib.

Quaestor,vnde. 126

Quaestores aerarij. ib.

Quaestores Vrbani. ib.

Quaestores rerum capitalium. ib.

Quaestores provinciales. 133

Querculanus mons. 4

Quernea corona. 193

Quincunx, quid. 155

Quindecimviri sacris faciundis. 51

Quinqueviri mensarij. 129

Quinqueviri epulonum, 57

Quinctiliani Luperci. 37

Quintilis mensis. 64

Quirinalis mons. 3

Quirinalis Flamen. 46

Quirinales Salij. 49

Quirinus nomen Romuli. 3

R.

REddere. 61

Regina sacrorum. 48

Rem ratam habere. 164

Remonius mons. 5

Renunciatio Matrimonij. 40

Repudium. 89

[Page] Res tuas tibi habe [...]o. 90

Reus voti. 74

Rex sacrificulus, & Rex sacrorum. 47

Rhamnenses qui. 2 [...]

Rhea. 54

Rignarius mons. 5

Rogare legem. 103

Rogus. 93

Roma Vrbs septicollis. 1

Romanae vrbis nomen incognitum. 32

Romani civis descriptio. 21

Romano more. [...]. ex animo. ib.

Romulum & Remum exposito [...] lupa aluit. 36

Rostra vbi fuerint & vnde dicta 9

Rostrata Corona. 193

Rude donatus. 75

Rudis apud gladiatores quid. ib.

Rupes Tarpeia. 2

S.

SAcer homo. 127

Sacra haud immolata devorat. 61

Sacramentum, quid sig. 170

Sacramento & sponsione provocare, [...]gare, quaere [...]e, stipulati. ib.

Sacramento contendere, restipulati. ib.

Sacrarium, quid. 19

Sacri ludi qui dicti. 73

Sacrificia, & ritu [...] sacrificandi. 58

Sacrilegus, quis & vnde. 93

Sacrorum rex. 47

Sacrosanctus, quis dictus. 127

Sagum, quid. 79

ad Saga ire. ib.

Saga togae cedant, idem quod cedant arma togae. ib.

Saliares dapes. 50

Salij, quot, & vnde dicti. 49

Salij
Palatini.
49

Collini.

Agonales.

Quirinales.

Salij quales pileos gestent. ib.

Salutaris Collis. 3

Salutaris litera quae. 166

Salustini horti. 7

Satisdatio quid. 170

Saturni aedes, quare aerarium populi. 10

Saturni mons. 2

Satyrae. 69

Satyra quale genus carminis. ib.

Scalae Gemoniae. 5

Scena, in theatro, quid. 15

Scena, in fabulis, quid. 71

Scenici ludi, quare & quomodo primum instituti. 69

Scena
Tragica.
71

Comica.

Satyrica.

Scena versatilis, vel ductilis. 15

[...], vnde dict. 14

Scorpio, machinae genus. 182

Scriba. 118

Scribendo cōficere rationes 186

Scriptura vectigalis genus quare dict. ib.

Secespita. 61

Sectores. 149

Secundum illum litem do. 136

Secundipilus. 178

Sella
Curulis.
114

Eburnea.

Semidei. 30

Semissis. 151. 155.

Semones, quasi semi homines. 31

Semuncia. 156

Senatus Senator: Senatus consultum: Senaculum. 112

Senator Princeps, Senatores Peda [...]ij. ib.

[Page] ad Senatum referre. ib.

in Senatu stare. 113

Senatores minorū gentiū qui. 23

Senatus consultum de Ambitu. 162

Septem convivium, novē convitium faciunt. 77

Septem viri Epulonum. 57

Septa, qualis locus in campo Martio. 13

Septicollis Vrbs. 1

Septimius collis. 2

Septun [...]. 155

Sepulchrum. 94

Sepultura insepulta. ib.

Sequestres. 109

Servi addicti. 120

Servorum duo genera. 28

Sestertius. 137

Sexagenarij de ponte deijciendi. 97

Sextans. 155

Sextilis mensis. 64

Sextulae. 156

Sibylla, vnde dict. 53

Sibyllae, quot. 52

Sibyllina oracula. 51

Sibyllae folium. 52

Sibyllae folia colligere. ib.

Sigma, quid, & quomodo olim figuratum. 77

Signa conferre, collatis signis pugnare. 174

Signatores. 86

Silatum. 75

Silicernium quid. 94

Simpulum, vel simpuvium. 60

Sinistra avis. 43

Sinistrum in rebus sacris quid. ib.

Siticines. 92

Soccus. 73

Sodalitia. 163

Solea. 85

Solis occasus. 65

Solistimum tripudium. 44

Sophocleo digna cothurno. 73

Sordidatus vnde dict. 81

Sortitio Iudicum, subsortitio. 166

Spectio. 112

Sphinx in Pronao quid signif. 17

Sponsalia. 86

Stativae feriae. 66

Stipendium, quid. 186

Stipendiarij. ib.

Stipendij fraudatio. 188

Stola quid & vnde. 79

Stuprum. 85

Stylus, quot signif. 100

Stylum invertere. ib.

Subbasilicani, apud Plautum qui 8

Sublicius pons. 56

Subscriptores. 157

Subsellia. 8

Subsignanus. 159

Suburana. 22

Suffragia legitima conficere. 108

Suffragia explere. ib

Suffragiorum puncta non tulit septem. 98

Suovetauralia, solitauralia. 116

Supplicatio. 190

Supplicationes decernere. ib.

Synthesis. 55

T.

TAbellarius. 99

Tabellae. ib.

Tabernariae. 69

Tabulae ceratae, 99

Tabulae accepti & expensi. ib.

Tabulae
Novae.
ib.

Publicae.

Auctionariae.

[Page] Tabulam figere. 103

Tabularium, quid & vnde. 11

Talassio quid signif. 88

Tarpcius mon [...]. 2

Tarpcia rupes. ib.

Tatienses qui. 22

Taurilia. 116

Taeda, quid. 88

Templum. 16

Templum apud augures certa coeli regio. 42

Tergiductores. 176

Testera quid. 189

Testamentum calatis comitiis. 97 154

Testamentum in procinctu. 154

Testamentum per emancipationem familiae. ib.

Testamentum per aes & librā. 155

Testamentum per nexum. ib.

Testudo, quot signif. 180

Testudo militaris. ib.

Theatrum quid & vnde. 14

Titij, qui & vnde. 57

Toga, vnde dicta. 78

Togata mulier, pro impudica. 79

Tagam vitilem sumere. 80

Toga pura quid. ib.

Toga
Alba.
81

Candida.

Pulla.

Toga praetexta, purpurea. 82

Toga Picta, Palmata. ib.

Toga Triumphalis. 83

Togatae fabulae. 73

Togati pro Romanis dicti. 78

Tormentum, quid & vnde. 182

Trabea. 114

Trabea
Auguralis.
83

Regia.

Consecrata

Tragoediae & Comoediae differē tiae quaedam. 72

Triarij. 159. 177

ad Triarios ventum est. 177

Tribunus Celerum. 111

Tribus [...] & [...]. 2 [...]

Tribus locales quot. ib.

Tribus Vrbanae. 107

Tribus Rusticae. ib.

Tribus iurevocata. 102

Tribus praerogativa. 101

Tribuni militum. 104

Tribuni Rutuli, Rufuli. 124

Tribuni suffecti, Comitiati. ib.

Tribuni plebis. 127

Tributum quid; Tributarij. 186

Triclicium vnde dictum. 76

Triens quid. 155

Triumphus vnde dict. 191

Triumphus quomodo differt ab ovatione. ib.

Triumphus major; minor. 190

Triumphalis arcus. 191

Triumphalis corona. ib.

Triumviri Reip cōstituendae. 125

Triumviri Capitales. 129

Triumviri Mensarij. ib.

Triumviri conquirendi juvenes idoneos ad arma ferenda. ib.

Triumviri Coloniae deducēdae. ib.

Triumviri monetales. ib.

Triumviri valetudinis 130

Triumviri Nocturni. ib.

Triumviri Epulonum. 57

Tripudium. 44

Tripudium solistimum. ib.

Troia. 75

Trojanus ludus. ib.

Tunica. 83

Tunica pallio propior. ib.

Tunica
Laticlavia.
83

Angusticlavia

Recta.

Turma. 157

Turres ambulatoriae. 180

[Page]

Tutela
Testamentaria.
153

Legitima.

Dativa.

Fiduciaria.

Honoraria.

Tutores Honorarii. ib.

Tyro, Tyrocinium. 175

V.

V. R. tabulis inscript. quid sign. 98

Vacationes 139

Vadarireum. 165

Vallaris corona. 193

Valla, Valli. 179

Vallus vitem decepit. 180

Vbi tu Caius, ibi ego Caia. 88

Vectigal. 186

Velites. 177

Velitatim agere. ib.

Venditio per aes & libram. 160

Versis armis pugnare quid. 74

Vesper. 65

Vespae, & vespillones qui & vnde. 92

Vestales virgines. 57

Vestes Romanae. 78

Vexillum vnde. 128

Vexillum Roseum. 172

Vexillum Coeruleum. ib.

Vexillationes vnde, & quare. 178

Vicesimarium aurum. 11

Victima vnde dicta. 58

Victimam hostiare. ib.

Victimarii. 60

Vigilia 1. 2. 3. 4. 65

Viminalis mons. 5

Vimineus Iupiter. ib.

Vindicias sumunto. 168

Vindicatio quid. ib.

Vindicta liberare. 28

Vinea quid. 180

Virgis caedi. 189

Virgula Censoria. 115

Virilis toga. 80

Visceratio. 95

Vncia quid. 156

Vnum pro omnibus. 165

Vota nuncupare. 74

Votireus. ib.

Votivel voto damnatus. ib.

Votivi ludi. 73

Vovere ludos vel templa. 74

Vrna. 94

Vt me ludos facit. 67

Vt tu Dominus, ita ego Domina. 88

Vxor vnde. ib.

Vxor
Vsu.
87

Confarreatione

Coemptione

Z.

ZOna quid. 84

Zonam perdere. ib.

Zonam solvere. ib.

FINIS.

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Title statement

Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole.

Goodwin, Thomas, 1586 or 7-1642.

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1614

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ESTC S103192

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99838949

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— Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole., Goodwin, Thomas, 1586 or 7-1642..

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The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.