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.

THE ROMANE ANTIQVITIES expounded in English.

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)a 1.1 the first founders of Rome, built it at the first inb 1.2 forme of a quadrangle vpon one only hill called Mons Pa∣latinus, though Fabius left Rome, as it was first builte, with the fieldes thereof painted in the forme of a c 1.3 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 denomina∣tion of a Palace: and henced 1.4 all stately buildings, which we call Palaces, tooke their name, Palatia. This hill had his first appellation Palatinuse 1.5 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 Po∣moerium, that is, the territories of the citie were enlarged: and Rome was called vrbs septi-collis .i. the citie vpon sea∣ven hils. Vpon this Palatine hill also stood the Asylum, or

sanctuarie of refuge, which Romulus openedf 1.6 in imitation of Cadmus, who at the building of Thebes was said to haue opened a sanctuarie of refuge, whither whatsoever malefa∣ctor 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 a∣like, 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 hillg 1.7 from the heathenish God Sa∣turne, who vouchasafed to vndertake the protection of that [ 1] place. It was named the Tarpeïan hillh 1.8 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 e∣nemies hands, bargaining to haue the golden bracelets vp∣on her enimies left hands for this her treason. Now the e∣nimes 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 oc∣casion the whole hill was afterward called the Tarpeï∣an 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, be∣cause when the foundation of a certaine Temple, built in

the honour of Iupiter, was laid a mans head full fresh, and liuely, as if it had bin lately buryed,i 1.9 yea hot bloud issuing out of it, was found there.k 1.10 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 Romu∣lus, 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 ta∣ming 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 be∣ing called Salutaris, the other Martialis, & the third La∣tiaris. All this may be collected out ofl 1.11 Rosinus.

CHAP. 4.

De monte Coelio.

THis hill hath his name from a certainem 1.12 captaine of Hetruria, which assisted Romulus against the Sa∣bines. On this hil king Tullus Hostilius erected state∣ly edifices, which for a time served as his palace: but after∣ward they became the chiefe Counsell-house, whither the

Senators assembled thēselues, for the determining of state-matters: & because this Curia did farre exceede all others, therefore authors many times vse this wordn 1.13 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 Se∣nators; whereas in the court-house, which Pompey built (be∣ing therefore called Curia Pōpeïa)o 1.14 other city-Magistrats were admitted amongst the Senators: and in curiâ Iuliâ .i. the court-house which Iulius made, were examinedp 1.15 for∣reigne matters, as Embassages: but in curiâ Hostiliâ dome∣sticall matters only were treated of, and that only by the Senators.q 1.16 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.r 1.17 It was also called Mons Querculanus from the abundance of oakes growing there.

CHAP. 5.

De monte Esquilino.

THis hill was so named quasis 1.18 excubinus ab excubijs .i. from the night watching which Romulus did vnder∣take 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 namet 1.19 from Aven∣tinus a certaine king of Albanum, which was there buryed. Vpon this hill stoode Hercules his altar, and

certaine temples consecrated to Iuno, Diana, Minerva, Lucina, and Murcia .i. Ʋenus: whence the hill hath some∣time beene called Diana her hill, & Mons Murcius.u 1.20 Here were those Scalae Gemoniae, whither condemned persons were dragged, and so cast headlong into the river Tiber downe a paire of staires. Vponx 1.21 this mount Remus would haue built Rome, & therefore it was called Remonius mons. But since it hath beene called mons Rignarius, as it appea∣reth 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, vi∣men 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 Vi∣mineus from this hill, because he had here many altars ere∣cted 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.

THreey 1.22 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 o∣ther, but chiefly because they were not of such note, there∣fore 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

neere adjoining.z 1.23 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 fei∣ned her to be the goddesse of flowers, and that shee must first be appeased by sports, and plaies performed in the ho∣nour 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 divinati∣ons, and prophecies vttered vpon it, and thence was it na∣med Vaticanus from Vaticinium, a foretelling.a 1.24 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-mar∣ket, 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,b 1.25 when he keepeth the Assises, and Fo∣rum indicere, when he appointeth the place, where the As∣sises shalbe kept. Thirdly it is taken for a place, where con∣troversies

in law are iudicially determined, and orations are had vnto the people. And of this sort there werec 1.26 fix distinct Forums: One called Forum Iulium, because it was [ 1] built by Iulius Caesar. A secōd was added by Octavius Au∣gustus, [ 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 transi∣torie 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, ha∣ving all the noble exploits performed by Traianus engra∣ven 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 in∣deed [ 6] was first built, and in all respects excelled the rest, was called Forum Romanum, and Forum vetus, or by way of ex∣cellēcy 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 figu∣ratiuely, by the figure Synecdoche: for in truth the plea∣ding place, wherein Orations were had, was but one part of the Forum Romanum, namely that Chappell, or great building, which they called Rostra.d 1.27 Round about this Fo∣rum Romanum were built certaine trades-mens shoppes, which they tearmed Tabernae; and also other stately buil∣dings called Basilicae Pauli. Here was the Comitium, or hall of iustice; the Rostra, .i. the Orators pulpit; Saturnes san∣ctuary, or the common treasure house; and Castors temple: of all which in their order.

CHAP. 10.

De Basilicis.

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 be∣tweene 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 Ba∣silicall buildings, and therefore were called Subbasilicani by Plautus. The vse of these were principally for thee 1.28 Iud∣ges 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.

COmitiumf 1.29 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 Iu∣stices at the Assises, which may examine or informe against a malefactor, but not condemne him. Where wee may ob∣serue the difference betweene Comitium, signifying such an edifice, or building, and Comitia, signifying the Roman assemblies: both being so called à coeundo.g 1.30 In this hal did stand an Altar, vpon which the Iudges laying their hands,

did take their oath to administer iustice without partiali∣ty. 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 & beau∣tified with the stemmes of many ships, which they got frō the people of Antium in a memorable battle vpon sea: and h 1.31 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: thei 1.32 reason there∣of 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 Tem∣ple in that place of the Forum, where they were seen in ho∣nour of them both. Although in the after ages it had the name only of Castors Temple; Whence arose the ieast of M.

Bibulus against his fellow Consul Iulius Caesar, saying that it fared with him, as it did with Pollux; .i. as this Tem∣ple 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 ca∣ried away all the thankes, and credit. Insomuch that the people being wont to subscribe the names of both Con∣suls at the end of their deeds, and Charters, for a remem∣brance 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 sanctuariek 1.33 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.l 1.34 saith, that Saturne found out the vse of brasen mo∣ny: 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 in∣tegrity of the time, wherein Saturne raigned, being the worlds golden age.m 1.35 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 cal∣led 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.)n 1.36 Some are of opinion, that before the vse of brasse they made money of leather: whence Numa Pompilius is said to haue given leather mo∣ny in a dole vnto the people. Touching their order obser∣ved

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 o 1.37 called aurum vicesimarium, Incensimarium, and Cimiliar∣chiū, into an inner chamber, or more sacred roome, named in Latine aerarium sanctius.p 1.38 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. Not∣withstanding howsoever it was vsed as a treasure house, q 1.39 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, where∣in all the names of their Citizens were registred, and also their militarie ensignes, were contained there.r 1.40 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,s 1.41 lying with∣ing the city, ioined to the gate Collina. It was the place, where the Vestall Nuns, if they were deflow∣red, suffered punishment after this manner. Theret 1.42 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: whi∣ther 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

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 sa∣cred fire with greater sanctity. And it was thought vnlaw∣full to punish them by laying violent hands on them, be∣cause they had in former time served in so holy a function.

CHAP. 16.

De campo Martio.

THeu 1.43 campus Martius, otherwise called Tiberinus, be∣cause 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 stop∣ped 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 Cam∣pus 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 Ca∣pitoll 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 thisx 1.44 field of Mars also was a place at first railed, like a

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 as∣sembled to giue their suffrages toward the election of ma∣gistrates. 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 hun∣dred 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,y 1.45 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 La∣tine 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, & gen∣tlemen of the city did behold the running with great hor∣ses at lists, the fire-workes, tumbling, the baiting, and cha∣sing 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 quar∣ters

all the seats being able to containe one hundred fiftie thousand parties.z 1.46 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 rai∣led 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 begin∣ning to the ending.

CHAP. 18.

De Theatro.

THE Theatrea 1.47 hath his name from the Greeke verbe 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. to behold: because the people flocked thither to behold plaies, and shewes exhibited to them. The cu∣stome b 1.48 first sprang from sheep-heards, who leading a con∣templatiue life, were wont to compose dialogues in mee∣tre, and at their leasure to recite them vnder the trees pres∣sed downe in forme of an arbour; whence this theatrall tearme 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 hath beene derived from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a shadow. But afterward learned Poets composed Comedies, and Tra∣gedies, 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 thi∣ther. c 1.49 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

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: se∣condly the pulpitum, that is, the stage, or scaffold vpon which they acted: and thirdly the scena, that is, the d 1.50 partition, which was commonly made of wood not of hangings. Now that they might change their scene according to their pleasure, they made it eithere 1.51 Ʋersati∣lem .i. so that with engines it might vpō the sudden be tur∣ned 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 de∣gree and place: for the remotest benches were for the cō∣mons, & called popularia; the next for the knights, & gen∣tlemen of Rome, called therefore Equestria; the others, wherein the Senators did sit, were built betweene the E∣guestria, 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:f 1.52 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 theatreg 1.53 only as the full moone doth from the halfe, or a compleate run∣dle from a semi-circle. Vpon this kinde of scaffold, did the

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,h 1.54 because the ground was cove∣red with sand, that the fencers, if any of them by chance fel of the stage, might not hurt themselues. And this gaue oc∣casion 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, A∣ra, Altare, Focus.

De Templo.

This word Templum doth sometime signifie those

i 1.55 space, and regions in the ayre, and earth, which the Au∣gures 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 àk 1.56 templando, from be∣holding; 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 because it was the principall part of the Church, namely the place where their Idoll God stood; and it was called delubrum from Deus:l 1.57 as we call the place, where the can∣dle is put, candelabrum from candela. As concerning the outward forme of the Churches, some were vncovered, be∣cause they counted it an hainous matter to see those Gods confined vnder a roofe, whose doing good consisted in be∣ing abroad; Other-some covered, some round, some o∣therwise: but within they much resembled our great Chur¦ches. They had their pronäon, or Church-porch, wherea∣bouts 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 bar∣gaines, 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.

m 1.58 When the place where the Temple should be built, had beene appointed by the Augurs (which appointing, or de∣termining 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 be∣ing knowne certaine ribbands, and fillets were drawne a∣bout 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 a∣bout it a sow, a ramme, and a bull, sacrificed them, & their entrals being laid vpon a turfe, the Praetor offered vp prai∣ers vnto the Gods, that they would blesse those holy pla∣ces, 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: to∣gether 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 cere∣monies being ended, the Aruspex pronounced with a loud voice, saying, Nè temeretur opus, saxo, auróue in aliud desti∣nato. .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 ex∣ercises performed therein. Although (as Gellius hath long since observed) every holy house was not a Church. For the

proper note of distinction betweene a Church, and a reli∣gious house was this: that a Church beside that it was de∣dicated vnto some God, it was also hallowed by the Au∣gures, without which hallowing the edifice was not called a Church, but a religious house: of which sort was the Ve∣stall Nunnerie, and the common treasurie, called Aedes Saturni. Wee may adde herevnto this word Pulvinar, n 1.59 which doth often signifie a church: the reason being ta∣ken 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.

Sometimeso 1.60 Sacrariū signifieth a temple, though pro∣perly it signifieth a Sextry or Vestry, nempep 1.61 Sacrorum re∣positorium.

De Lucis.

Neere vnto diverse temples stood certaine groues dedi∣cated to some of the Gods: they were called in Latine Lu∣ci à non lucendo, as diverse say, by the figure antiphrasis. But others are of a contrary opinion, giving it that name, be∣cause 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 distin∣guished them by three severall names, Scrobiculus, Ara, and Altare.

De Scrobiculo.

q 1.62 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 sa∣crificed vnto an infernall God.

De Arâ.

The second kind of altar was called Ara, either ab ar∣dendo, because their sacrifices were burned vpon it: or from their imprecations vsed at that time, which in Greeke they called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 themr 1.63 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:s 1.64 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 quic∣quid aliud, in quo ignis fovetur.

Lib. 1. Sect. 2.

The generall divisions of the Romane people.

CHAP. 1.

De populo Romano, & eius primâ divisione.

THus having premised a short trea∣tise concerning the first situatiō of Rome, and the most remarkeable parts thereof, I purpose to proceed to the Inhabitants, which antiqui∣ty hath stiled Citizēs of Rome. And Erasmus rather describing a Ro∣mane, then defining him, saith, A Romane was graue in his conversa∣tion, severe in his iudgement, constant in his purpose: Whence Cicero in his Epistles oftē vseth this phrase, Mo∣re Romano, for ex animo .i. vnfainedly.a 1.65 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 in∣corporated into a tribe, and which is made capeable of ci∣ty 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 man∣ner disfranchised. But whereas Sigonius saith that they must haue their habitation at Rome, he would not be so vnder∣stood, as if a Romane citizen might not remoue his habita∣tion

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 pai∣ments, & 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 priviled∣ges as by a more proper & peculiar character distinguished from other people; and being planted in the city accor∣ding to the appointment of Romulus their king, it seemed good vnto him to divide them intob 1.66 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 se∣verall 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 coun∣tries to the Romane Asylum placed in a groue called in la∣tin Lucus, which gaue Romulus occasion to name thē Lu∣ceres) he made in all three tribes 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or nationall. After that Romulus had thus devided the whole body of the Ro∣manes 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 diffe∣rent degrees, and callings: of which in their severall order.

CHAP. 2.

De primâ divisione Romanorum in Senatores, sive Patres, Patricios, sive Patronos, & Ple∣beï, sivè Clientes.

THe first division of the Romans in respect of their de∣gree, and place was this. The elder, wealthier, & gra∣vest sort of Romanes, were called sometimes Patri∣cij, either because of their age, and gravity; or because they had many childrē (for great priviledges were granted vn∣to 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. Cli∣ents. Betweene whomc 1.67 there was such a mutuall, and reci∣procal 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 pur∣ses towards the bestowing of their daughters, the paying of publike mulcts, the giving of largesses in suing for offi∣ces, &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 Tarqui∣nius 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 e∣ligible into a Senators place. Some say that Tarquinius Priscus added the second hundred to the Senate out of the commons,d 1.68 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 Pa∣tres

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 dou∣ble the number of the Senators: And likewisee 1.69 Alexander Neop. saith, that Brutus made them a compleat 300.

CHAP. 3.

De secundâ divisione Romanorum in tres ordines, Sena∣torium, Equestrem, Popularem, seu Plebeium.

AFter that through Tarquinius Superbus his tyranny, the very name of a king became odious to the Ro∣manes, not only the present king was exiled, but the authority of a king ever afterward detested, and perpetual∣ly abrogated: so that the office, which was before monar∣chicall then was divided betweene two, called Cōsuls; nei∣ther 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 be∣fore. 2. into Gentlemen, called of the Romanes ordo Eque∣stris: 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;f 1.70 yet they might weare the angusti-clavium, a garmēt differing from the former only in this, because the purple studdes, where∣with it was purfled was narrower, and not so large as the lati-clavium. They also at the time of their election recei∣ved from the Censors an horse, called by them equus publi∣cus, because of the yeerely allowance out of the common treasury to keepe him: it was also called equus militaris, be∣cause of their service in warre (g 1.71 they having their horses

kept as well in peace, as warre.) They received also a gold-ring, h 1.72 whereby they were distinguished from the Popula∣cie: for it was not lawfull for any to weare a gold-ring vn∣der the degree of a Senator, or a Gentleman. The estimati∣on and value of a Senators estatei 1.73 vntill Augustus his time was octingenta sestertia, that is, 6000^l.k 1.74 Of a gentlemans estate it was quadringenta sestertia, that is, of our English mony 3000^l. 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 Noble∣men, which had the images of their predecessors: Those which had their owne images only were called No∣vi .i. late-coyned nobles or vpstarts. Salust vseth this word often in the disgrace of Tully calling him Novum & repti∣tium 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 in∣cite others to the like atchieuements, when they would consider the diverse ceremonies vsed vnto these images in

an honourable remembrance of those whom they did re∣present. Whence it followeth, that Ius nobilitatis is no∣thing else but Ius imaginis; insomuch that this wordl 1.75 Imago doth oftentimes signifie Nobilitie: and the right of having Images with them, was the same as the right of having arms with vs.m 1.76 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 par∣take of their mourning. Some they kept in their private closets,n 1.77 others they exposed to the publike view of pas∣sengers, placing them in the gates of their houses together with the swords, targets, helmets, ship-beakes, and such o∣ther 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 Op∣timates, & Populares.

THis fourth division of the Romans hath beene occa∣sioned through the faction & siding of the Citizens. Those (according to the description ofo 1.78 Tully) were Optimates .i. the best citizens, who desired their actions might be liked, and approved by the better sort. Those Po∣pulares. .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,p 1.79 but be he Senator, Gentleman, or infe∣riour, 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.

CHAP. 6.

De quintâ, & vltimâ divisione Romanorum, in Libertos, Li∣bertinos, & 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 liber∣tines, or both free-borne,q 1.80 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 Li∣berti, 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 ter∣med civitate donati: and so wee read that Caesar did take in whole nations into the freedome. Lastly by manumissi∣on, which was thus; when as the servant was presented by his master before the Consull, or Praetor, the master lay∣ing 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 calledr 1.81 Ʋindicta vpon the servants head, replyed in this manner, Dico eum liberum esse more Quiri∣tum. Thē the L••ctor or Seriant taking the wand did there∣with strike the servant on the head, and with his hand bee

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 vo∣care 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 ne∣ver attaine to any freedome without the consent of their Master:s 1.82 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 se∣cond were called properlyt 1.83 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 saidu 1.84 nomina sua liberare, whē they paid the debt: as on the contrary they were said, no∣mina facere, when they came in debt. And their creditors when they sued for the payment were said nomina exigere: Nomen in these and the like places signifying as much as Debitum a debt,x 1.85 because the creditors did vse to write downe their debters names.

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 vn∣derstanding 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, whe∣ther there was a God, or no? he should be vrged to con∣fesse the truth of that rather argumento bacillino, quàm A∣ristotelico, 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 ca∣talogue 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 gene∣rall distinctions of the Gods, which diverse authors haue vsed. Tully lib. 2. de legibus reduceth all vnto three heads,

Gods celestial, which Varro calleth select, and others haue styled Gods maiorum gentium .i. of the greater nations, be∣cause their power was greater then the others.a 1.86 Alexan∣der Neapolitanus saith, that twelue of these were the Pe∣nates, which Aeneas did take forth with him at the destru∣ction 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. En∣nius 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: b 1.87 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 in∣ferior note.c 1.88 Servius would haue these called Divi; obser∣ving 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 Em∣perours Divi, because for their deserts they thought them worthy to be Gods. Now thed 1.89 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 taberna∣cle, with three other lesser tabernacles one vpon top of a∣nother, the lower-most having in it dry combustible mat∣ter, 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 go∣ing before, with hymnes and songs, and al kinde of honor,

which was to be performed even to the Gods themselues. He being in this manner brought, and laide within the se∣cond 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 af∣ter 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,e 1.90 quoniam animae hu∣manae 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 f 1.91 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 opini∣on 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 grea∣ter nations. But that we may vnderstand what is meant by these Semones, we must remember, that by them are signifi∣ed 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 divisi∣on, 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

vndertaken the protection of any citie, or towne: which opinion hath sometimes beene entertained by our Eng∣lish-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 vn∣expiable to take the Gods as prisoners. And least other na∣tions might vse the same meanes in beseeging Rome, ther∣fore, g 1.92 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.h 1.93 Others haue beene called Dij communes, namely Mars, Bellona, and Victoria, because in time of war they are not bound to either side: but some∣times 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 a∣ny misfortune befell a man, they would say that the mat∣ter was enterprised Dijs iratis .i. our Genius being displea∣sed 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

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 i 1.94 Brutus in Asia neere vnto the time of his death: for Bru∣tus, watching vpon a certaine night in his pavillion, the candle being nere spent, saw a fierce tragical person ap∣peare vnto him, somewhat bigger then a man, and hee pre∣sently 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 visi∣on appeared vnto him, as he was fighting at Philippi: which was the last fight that ever he fought. And because that Iu∣no was wont to be invocated in time of child-birth, there∣fore many haue thought that every man hath not his two angels, but one angell, and Iuno to obserue him. This Ge∣nius, 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 de∣crepite man,k 1.95 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 flow∣ers. In the left he held a scourge hanging downe. The sacri∣fice 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 indul∣gere 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.l 1.96 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 sa∣crifice

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 year∣ly 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 pictu∣red 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:m 1.97 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 an∣gry 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 sun∣dry times taken for an house it selfe, as parvo sub Lare, Ho∣rat: in a little cottage, Homo incerti Laris .i. a man that hath no house to dwell in. Sen. in Med. And the custome in sa∣crificing 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 curtesy∣morsell, we say, Lari sacrificat .i. he sacrificeth to his hous∣hold God.

Lib. 2. Sect. 2.

Of the Romane Priests with some particular Gods.

FAunus the ancientest of all the kings in Ita∣lie 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 chur∣ches, as some say, were named Fana. But af∣ter Faunus, Euander comming out of Arcadia, and after∣ward 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 Romu∣lus, 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 per∣forme 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 isa 1.98 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 Ne∣bris, the neather part of his body rough, his feete like a

goate: in one hand he holdeth a pipe, in the other a shep∣heards crooke, and alwaies is imagined to laugh.b 1.99 He was worshipped first in Arcadia, and there called the God Pan Lycaeus: but afterward he was had in great esteeme at Rome c 1.100 and in the honor of him certaine sacrifices, & games cal∣led Lupercalia were solemnized by the Romanes.d 1.101 There he tooke the name Inuus, or as some say Iunus. Concerning the time, whē these sacrifices were to be performed; it was vpon thee 1.102 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 signi∣fieth as much as a feast of wolues, in a memoriall that Ro∣mulus, and Remus were nursed by a shee-woulfe. This see∣meth very probable, because the Priests, which were called Luperci began their course at the foote of the mount Pala∣tine, called by the Romanes Lupercal .i. the place, where the woulfe nursedf 1.103 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 stri∣kē 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 testi∣fie his gratefulnesse vnto the woulfe for her paines in nou∣rishing him. The reason why the priests ranne vp & downe the streetes naked, was, because that Pan the God of this

sacrifice was painted naked. As the feast, so also the place from whence they came, and likewise the Priests had their names à Lupâ which signifieth a woulfe. Some authors haue observed three sorts of the Luperci, some called Fabi∣ani, some Quinctiliani, from Fabius, and Quinctilius their governours the third sort, whichg 1.104 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 inh 1.105 another place, namely that Au∣gustus 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 a∣mong 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 taken for corne, as Credenda Ceres aruis. Ovid. It is seed time. Shee is called Ceres,i 1.106 quasi Geres, à gerendis frugibus, from bearing fruit: because, as some say, by Ceres is vnderstood sometime the earth it selfe: whence also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 being the greeke name of Ceres is said quasi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. the earth, which is the com∣mon mother of vs all.k 1.107 Shee is painted in the habit of a ma∣tron wearing a garland of corne; sometime sorrowful with a lampe in her hand, as if shee were seeking out her daugh∣ter Proserpina caryed by Pluto into hell; & sometime with a handfull of corne or poppy-seed. Vpon the fift of the Ka∣lends of Aprill the Romanes were wont to performe sacri∣fices 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 mini∣stresse, because they were trāslated into Rome out of Greece

by Evander. The time of their solemnities was at the daw∣ning 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 a∣ny fault committed might enter: whose mysteries were to be buryed in silence, and by no meanes to bee blabbed a∣broad. And as it is to be supposed, that was the reason why all wine was forbade in this sacrifice. So that hencel 1.108 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 heards∣man Cacus, the history beingm 1.109 thus. Hercules after his cō∣quest over Geryon brought away with him certaine good∣ly Oxen, and as well to rest himselfe, as to pasture his oxen, he laid him downe to sleepe in a greene field neere the ri∣ver Tiber. In the meane while a certaine heards-man cal∣led Cacus happened to come that way, & perceiving Her∣cules 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, & fin∣ding the theefe Cacus there with his oxen, he killed him, by reason of which murder he was brought before Evan∣der, 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 salu∣ted

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 ap∣pointed 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 Pina∣rius 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, asn 1.110 diverse wri∣ters 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 enioy∣ned the Pinarij never after to eate of the entrals, giving thē this name Pinarij at that time, from the greeke word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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;o 1.111 for which respect Romulus yeelded himselfe hir adopted sonne, insti∣tuting this order in the honour of the Gods, that they be∣ing 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

fratres Arvales. Their sacerdotal ornaments was a garland of wheat bound vp with a white riband, this being, asp 1.112 Pli∣ny writeth, the first crowne, or garland amongst the Ro∣manes.

CHAP. 5.

De sexaginta Curionibus.

AFter that Romulus had divided the whole body of the Romanes into three tribes, or wards, and subdi∣vided 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;q 1.113 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.r 1.114 Their sacrifice be∣ing 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 di∣vine, or fore-tell things to come by beholding the entrals of beasts sacrificed: whence they had their name,s 1.115 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 Au∣gures did divine from hearing the chatting or the crowing

of the birds: whence they are called Augures ab avium gar∣ritu, 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 t 1.116 nothing inauspicatò .i. without the counsell of the Au∣gures, hence Auspicarirem hath beene translated, to be∣ginne a matter. The colledge of the Augures at Rome was first appointed byu 1.117 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 ob∣serving the entrals of beasts, the flying, screeching, & chat∣ting 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.)x 1.118 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 Pa∣tricij, or the nobilitie of Rome.y 1.119 In processe of time Quin∣tus, and Cneius Ogulinus being chosen Tribuniplebis .i. protectors of the commons, obtained that fiue other Au∣gures 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 num∣ber of nine.z 1.120 Notwithstanding Sylla being Dictator added six more, insomuch that their college encreased to the nū∣ber of fifteene: the eldest of which was calleda 1.121 Magister Collegij, the master, or Rector of the colledge. The Augures excelled other Priests inb 1.122 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

should presently be discharged of his office, and another chosen in his place.c 1.123 The manner how the Augur did ob∣serue 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, à calefaciendo, from heating, be∣cause 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, ob∣serving 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 as∣sent that Numa Pompilius should be King. The Augur ha∣ving 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

thence are they called prospera, lucky, or adversa, vnlucky. Some from the manner of their appearing,d 1.124 and that was either wished being called therefore impetrativa; or vn∣wished 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; (ase 1.125 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, be∣cause 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. Whencef 1.126 si∣nistrū though in humane affaires signifieth as much as vn∣luckie, yet in those holy rites of divining sinistrum is taken in a cōtrary sense, as Avis sinistra, good lucke, Intonuit lae∣vum, 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.

THis kinde of coniecting is called auspicium coactum, g 1.127 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 terri∣pavium .i. a dancing or rebounding of any thing vpon the ground: for pauere is the same with ferire.h 1.128 Others say Tri∣pudium 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.i 1.129 The manner in observing was this. As often as by this kinde of conjecting they desired to know the Gods pleasure con∣cerning the enterprizing of any matter, early in the mor∣ning 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 inten∣ded cheerefully: and this was called Tripudium solistimum. This kinde of coniecting may seeme to haue its originall from the Lycians,k 1.130 who as often as they desired to fore∣know 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.

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 La∣tine Extra. In this kinde of sooth saying the Aruspex obser∣ved in manner as followeth.l 1.131 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 vn∣lucky 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 co∣lor, whether they were not vlcerous, exsiccate, or impostu∣mated: 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 inm 1.132 Seneca describing the entrals of his kil∣led sacrifice saith, Hostile valido robore insurgit latus, mea∣ning 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 continu∣ance 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signifying smoake, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .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 lit∣tle boy, which they named Tages, the history being thus. n 1.133 When the Hetrtisci were plowing their lands, vpō a sud∣daine vp started this Tages out of one of the furrows vsing diverse speeches vnto the plow-men: but they being much

affrighted at this sudden, and strange vision, began with a lowd crie to lift vp their voices; vpon occasion wherof ma∣ny 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 timeo 1.134 Flama, whence the Priests tooke their name Flamines. Thep 1.135 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 Pom∣pilius perecauing that forraine warres did often times oc∣casion the kings absence, insomuch that those religious ceremonies which he himselse personally should performe were of necessitie sometimes neglected; herevpō he ordai∣ned out of the Patricij three priests to performe that di∣vine 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 eve∣ry one did weare a certain b̄onet in forme of a mitre, which sometimes was called Pileum, sometime by the figure, sy∣necdoche Apex, (wheras Apex doth properly signifie only the top of the bonnet)q 1.136 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 sa∣crificed.

Whatsoever malefactor could escape vnto this Priest, he should not be punished that day. None was eli∣gible into this office, but he that was maried: neither was it lawfull for him to mary twice, but if his wise died, Fla∣minio 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.r 1.137 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, namelys 1.138 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.t 1.139 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 & autho∣rity in holy matters so farre, that they would instruct other inferior priests, yea & personally performe some special sa∣crifices 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 pre∣ferred 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,u 1.140 and vsed this forme of words, Vigilasne Rex? Vigila. King art thou awake? awake. For vnto him it did belong to bid ho∣ly-daies, and to provide al things nccessarie for publike sa∣crifices. 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

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 vp∣on 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 Epen∣thesis, we say Induperator for Imperator, was re∣puted 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 do∣minion 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 calledx 1.141 Gradivus à gradiendo, from marching in battell against his enimies. He had a temple without the citie, whence he was called Extramuraneus.y 1.142 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, wherevp∣on it was called the Raine-stone. Lapis manalis à manando, Numa Pompilius in the honour of Mars surnamed Gradi∣vus

ordained 12 dauncing priests called Salij àz 1.143 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 be∣ginne their mauriske; the others Collini from the hill where their chappell stood;a 1.144 and sometimes Quirinales, & sometimes Agonales: so that the Whole college contained 24 priests.b 1.145 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••i∣on called in Latine aenea pelta, or ancile, bigg at both ends, but cut like an halfe moone on each side fell from heauē in∣to 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 appoint∣ment 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 cal∣led aneum tegmen vpon that, & a robe of estate called tra∣bea clasped about them vpmost of all. Vpō their heads they did weare apices .i. capsc 1.146 much like vnto the Persian bon∣nets called in greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 daun∣ced about the Forum, or market-place, & the Capitol with short swords by their sides, a iavelin in the right hand, and

their ancile in the other; vsing certaine songs either of the Gods, and those they called Ianualij, Iunonij, and Miner∣vij; 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 ex∣cesse of cheere, whenced 1.147 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 there∣vnto at firste 1.148 by Numa Pompilius.f 1.149 The chiefe part of their office was to disswade the Romans from molesting any confederate nation with vniust warre: & if any confe∣derate nation did offer iniury vnto the Romane people, thē did these Foeciales go as Embassadours vnto them perswa∣ding, 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.wasg 1.150 called clarigatio à clarâ voce, quâ vtebatur Foecialis. Others are of opinion that whensoever warre was denounced, this Herald at armes shouldh 1.151 turne loose a ramme vnto their ene∣mies 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-gene∣ral 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 chil∣dren of his owne, and his father also aliue. They were cal∣led

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 timei 1.152 did cal Fidus, as En∣nins and Pighius witnesse: whence these Foeciales were tear∣med also Fidei Flamines.

CHAP. 12.

De Duumviris, Decemviris, & Quindecimviris sa∣cris faciundis: itèm de Sibyllis.

THis priesthood had his first institution from Tarqui∣nius 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 whōk 1.153 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 thin∣king the bookes to deere, refused to buy them. The womā departing burned three of these bookes, and came the se∣cond time vnto Tarquinius, demaunding as much for those sixe bookes, as formerly shee had done for the 9. Tarquini∣us 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 be∣thinke himselfe thereof, and sent for his Augurs asking counsell and advise of them. And they vnderstoode by cer∣taine signes observed, that the king had refused some spe∣ciall 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, ap∣pointing them as wel by study to expound, as with care to keepe those oracles. In processe of time the people obtai∣ned,

that tenne should be appointed to this office,l 1.154 fiue of them being chosen out of the commons, & fiue out of the nobles: and then were they called the Decem-viri. After∣ward 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,m 1.155 as Servius thinketh, but stil called by the name of Quindecim-viri. Of these women that had the spirit of prophecie ten were ve∣ry 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 Hellespon∣tia, the ninth Phrygia, the tenth Tiburtina. They a•• prophe∣cied 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 bur∣ning 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 co∣pies in other countries. One of the prophecies concerning our Saviour Christ was vttered by Sibylla Delphica in man∣ner as followeth:n 1.156 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 vn∣doubtedly true,* 1.157 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 scat∣ter, that they could hardly be brought in order againe: in∣somuch that when we would shew the great difficulty of bringing things it order, we may vseo 1.158 Politian his words, Laboriosius est, quàm Sibylla folia colligere, it is easier to ga∣ther 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 deno∣mination

frōp 1.159 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 which is in the Aeolick dialect the same that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. God, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. counsell, because they did o∣pen and declare the counsell & determination of God vn∣to the people. It appertained also ynto these Quindecim∣viri aboue-mentioned to see, that sacrifice and divine ser∣vice, 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 there∣fore ••earmed Bona dea, the good goddesse, because we reape so many good things from the earth. She is cal∣led also Ops the helping goddesse ab ope, from helpe, be∣cause by her helpe we liue. Shee is called Fatua, and Fauna .i. the goddesse of speech, because young children doe ne∣ver speake vntill they are able to goe, and so haue touched the earth. The Grecians called her 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the fe∣mal 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the place for womens assem∣blies. q 1.160 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 where∣as in this sacrifice they vsed wine, they called it not by the

name of wine, but milke or hony:r 1.161 whence they called the vessell wherein the wine was put, amphoram mellariam .i. the hony vessell. This sacrifice became very famous by rea∣sō of Clodius, who being in loue with Pompeia, Iulius Cae∣sars 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 adulte∣rous prancks, that hee occasioned a common proverbe a∣mongst 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 infan∣cie 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to flow, because shee doth flow and abound with all kinde of goodnesse. Shee was also na∣med Pessinuntia frō the city Pessinus a Mart-towne in Phry∣gia, where shee had a temple. Moreover shee was called Berecynthia from the hill Berecynthus in Phrygia, where shee was worshipped. Her priests were calleds 1.162 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 pre∣sently geld himselfe: (as in truth all her Priests were inioy∣ned to geld themselues with a fish shell.) The originall of which custome is rendred thus: Cybelle loved a

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 mad∣nesse did geld himselfe, and would haue killed himselfe al∣so, t 1.163 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 pur∣pose: which according to the manner of their country be∣ing 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 which in this place sig¦nifieth Cybelle, called the great mother, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 a beg∣ger or gathere•• of almes.u 1.164 Others haue called them Mi∣triaci: But by what name soever they were called the place was so infamous by reason of their drunkennesse, and vn∣civilitie vsed at these times, that when they would point out a notorious naughtie fellow, they would call him c••r∣culatorem Cybelleium. Cybelle her iuggler. Neither was it lawfull for any free borne to vndertake that office.

CHAP. 15.

De Collegio Pontificum, & Pontifice Maximo.

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:x 1.165 and that which is most re∣markable in it, was that it was ••oined together only, with wooden pinnes, without any iron at all. Others are of opi∣nion 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 pote∣stas. Concerning they 1.166 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, andz 1.167 called them Pontifices minores, inferiour Pontifies. The whole company of them was called the college of Pontifies. This college is pri∣viledged from all allegiance, being not bound to render an account of their doings either to the Senate, or Com∣monaltie. They were to determine all questions concer∣ning 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 Pon∣tifies 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.

THe Pontifies in old time appointed three men, whom theya 1.168 called Triumvi••os Epulonum (from Epulū a feast) to haue the oversight of the feasts made at sacrifices; after∣ward 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 li∣ved in the subvrbs of the city & practised sooth say∣ing; They were called Titijb 1.169 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 scour∣ged 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 namedc 1.170 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 which were formed in the māner of a pyramis, but hollow; so that the beames being collected within the circumfe∣rence, & meeting in the vertex did easily kindle any com∣bustible matter put vnto it; but chiefly if the matter was of blacke colour: because, as philosophy teacheth, a darke co∣lour doth cōgregate, or collect the beames, wheras white∣nesse doth disperse them. A second part of their office was to worke reconciliation betweene parties offended, as ap∣peareth

byd 1.171 Suetonius: where wee may read that by their intercession Sylla was reconciled to Caesar. They were cho∣sen into this place betweene the sixth, and the eleaventh yeare of their age: and they, were to remaine in this Nun∣nery 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 punishment* 1.172 afore mentioned. But these 30. yeares be∣ing expired, marriage was lawfull for them, so that they laid aside their scepters, their fillets, and other their sacer∣dotall ornaments. Notwithstanding those which did mar∣ry 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 (ase 1.173 Munster writeth) is deri∣ved 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 na∣ked, 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

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 diffe∣rence of sacrifices haue beene occasioned in respect of the time, and so they haue beene called Praecidaneae, or succida∣neae, quasi praecedaneae & succedaneae. Those sacrifices which were offered vp the day before any solemne sacrifice, were called Praecidaneae hostiae, fore-sacrifices, as wee eng∣lish 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 on∣ly in steed of the other, when they were vnlucky or faulty; hence hath Plautus vsed this speech Meum tergum stulti∣tiae 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,f 1.174 especially his hands & feet, which if he had not washed, the sacrifice was accoun∣ted 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 reve∣rence or preparation therevnto.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Hesiod. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

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)g 1.175 vsed this forme of words vnto the people: Hoc age, attend this you are about: which cu∣stome seemeth to haue had its originall from the Grecians. For before the time of sacrifice the Grecian Priest vsed al∣most the like speech vnto his people. As 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. who is here? the people answered 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. many men, and good. After this preparation, then did the Priest laying his

hand vpō the altar, rehearse certaine praiersh 1.176 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 layi 1.177 vpon the beasts head a little corne toge∣ther with a cake made of meale and salt, called in Latine Mola.k 1.178 Mola erat far tostum, sale aspersum. From this cere∣monie 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 a∣bout to all the people that they also might libare .i. lightly tast thereofl 1.179 which rite hath been called Libatio. Now eve∣ry one hauing tasted thereof, the rest of the wine with fran∣kincense mixt in it was to be powred vpon the beasts head, m 1.180 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 sa∣crifice, hath had its originall, because they did immediatly after that voice, mactare hostiam, that is, slay the sa∣crifice, and that was done in thisn 1.181 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, of∣ten 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

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 sufficient∣ly turned the intrals, and found no ••ll token therein, then did those Popae, or Church-butchers, cut off from every bo∣well some portion, which after they had rolled in barly meale, they sent it in baskets to the priest, and the priest ta∣king it vp into a broad charger or platter called discus, or lanx, laid it vpon the altar and burne it, &o 1.182 this was pro∣perly 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.

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 gar∣ments, their Nuptials and Funerals. This word Annus is so called quasi Annulus, be∣cause (as the Greeke word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifieth) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. in se convertitur annus: which was the reason why the Egyptians in their mysticall cyphers (called literae hierogly∣phicae) 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. a 1.183 Some allowed no more daies to an yeare, then we doe to a month; and thence they called it annum lunarem.b 1.184 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.

Thus Romulus his yeare contained of monthes ten; of daies three hundred and fowre: but after this, Numa,c 1.185 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 instructi∣ons from the Grecians finding the reason of this confused∣nesse, he added vnto Romulus his yeare fifty daies, so that the whole yeare afterward was divided into twelue mo∣neths; because the moone had finished her course 12. times in that space; Beginning their yeare then at Ianuary: be∣cause 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 a∣bout Ianuarie, the sun being about the Tropicke of Capri∣corne. 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 Gre∣cian yeare, both of them containing three hundred fifty fowre daies; Now the Romane yeare contained three hun∣dred 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 inter∣position of three whole months, which they called their leape yeare:d 1.186 This confusednes afterward Iulius Caesar by long study remedied, adding the odde ten dayes vnto Nu∣ma 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 in∣serting they called Intercalatio from an old verbe Interca∣lo, and that day they called Intercalarem. Now the day fol∣lowing being the foure and twentieth of Februarie, was alwaies the sixt of the Kalends of March,e 1.187 and therefore because of the interposition of that day, they called the leap-yeare Annum bissextilem .i. the yeare wherein there

falled out two dayes which they called Sext. Calend. Mar∣tij. 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 An∣num Iulianum,f 1.188 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.* 1.189 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 Quinti∣lis, because it was the 5 month: and that month which since hath beene called Augustus, in the remembrance of Au∣gustus 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, vnder∣standing 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 contai∣ned but the 2. 3. 4. and 5 day, so that the fifth day (for ex∣ample sake) of Ianuarie was called Nonae Ianuariae, or Ia∣nuarij, the fourth Pridie Nonarum, or Nonas Ian. (For they vsed alwaies to say Pridie Cal. Pridie Nonar. and Pridie I∣duum, in steed of secundo Cal. Non. Id.) The third day of Ia∣nuarie, 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 o∣ther

months, the 13^th 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 5^o Id. Ian. the eighth 6^o Id. Ian. the seaventh 7^o Id. Ian. the sixt 8^o 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 fif∣teenth decimo octavo Calend. Feb. the sixteenth decimo sep∣timo 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 con∣sider the parts which the Romanes divided their day into.

• Dies Civilis continet
  • Lucē cu∣ius 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 par∣t••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-crow∣ing to the breake of day.

The day and night againe were each of them divided into primam, secundam, tertiam, & quartam vigiliā, every watch

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.g 1.190 These watches were distin∣guished by severall notes and sounds of cornets or trum∣pets, 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 fal∣ling out on some daies, and more happy successe vpon o∣thers, haue called the former sort of daies Atros dies, & the latter sort Albos dies,h 1.191 borrowing the names from the Scy∣thians, 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 Holy∣daies, which they called Dies festos, festivall daies, or dies Feriatos, & Ferias, Holy-daies,i 1.192 because they did vpon such daies Ferire victimas .i. offer vp sacrifices. Others were di∣stinguished for working daies, which they called Profestas quasi procul à festis. The third distinction was of halfe-ho∣ly-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 re∣ligious exercises.k 1.193 These feriae were either privatae, and so they belōged somtime to whole families, as Familiae Clau∣diae, 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 Anni∣versaria, which were alwaies to be kept on a certaine day, l 1.194 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 expedi∣ent,

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 & confede∣racy with the Romanes, and were solemnised in memorie of the truce between those two nations. Those feriae which were calledm 1.195 Imperatiuae &n 1.196 Indictiuae, because the Con∣sul, 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 con∣ceptivae, in respect of the vncertaintie of them. Another di∣stinction 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 o 1.197 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; p 1.198 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 q 1.199 vpon every such day as the comitia .i. the publike assem∣blies 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

ludùm, to set vp a schoole. Sometimes for any game, pa∣stime, or sport publiquely exhibited, either that thereby the Gods might bee appeased, or the applause and fa∣vour of the people gained. These games from the diversity of the place where they were had, may be divided into lu∣dos compitales, circenses, & scenicos. Compitales were such asr 1.200 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.s 1.201 Some haue thought thē to be the same with ludi Gymnici, so called from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, na∣ked; 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:t 1.202 Whence we say when a man hath lost his cost, and labour, Operam & oleum per∣didit; oleum in this place signifying cost & charges: so that the proverb was the same with that ofu 1.203 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, lea∣ping, iumping, casting the dart, wrestling, running the race with chariots, which was called certamen bigarum vel qua∣drigarum; 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to dart or cast out any thing. The third sort of plaies

were ludi Scenici, stage-plaies. The reason of this name sce∣na may be seene* 1.204 before.x 1.205 The first institution of them was occasioned by reasō of a great sicknes, which by no medi∣cinary help could be removed; The Romanes superstitious∣ly conceiting, that some new games or sports being found out the wrath of the Gods woulde thereby bee vnarmed. y 1.206 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 citi∣zen. And thus, by their imitation of all ridiculous gestures or speeches, in al kinde of vocations, they provoked laugh∣ter; whence both the plaies and plaiers were named Mimi, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 an Imitator, or one that doth apelike counter∣fet others: as likewise they were called Planipedes, because the Actors did enter vpon the stage planis pedibus .i.z 1.207 Ex∣calceati barefooted. The second sort of plaies were called Satyrae,a 1.208 frō the lascivious and wanton country-Gods cal∣led 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.b 1.209 Satyra mordax fuit & salsum genus

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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 a goat, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 an ode or song; because the a∣ctors thereof had a goat given them as a reward. And like∣wise 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which sig∣nifieth villages, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: 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 where∣with 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 prin∣cipal, 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 mat∣ter in hand reacheth, without intimation of the event to ensue, so farre reacheth the first part called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which word signifieth no more then a proposition or declarati∣on. But when the play inclineth to its heate & trouble, thē ensueth the second part called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth the intension or exaggeration of matters. The third part is called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: 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

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 in∣termixed. 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 Co∣medie 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 like∣wise haue the other three parts .i. Epitasis, Catastasis & Ca∣tastrophe their bounds vnbounded. These Acts are divided into severall scenes, which sometimes fal out more, some∣times fewer in every Act. The definition of a scene being c 1.210 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 sub∣iect of the Comedy: the second is the Prologue, which is either 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, such as doth open the state of the fable, at which time there needeth no argument; or else 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, such as cōmendeth the fable, or the Poet vnto the people; or lastly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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

one, or many speakers, & that either male or female:d 1.211 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 com∣mended, then must it consist of females. And alwaies what∣soever 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 orna∣ments were foure, common to both, Titulus, Cantus, Salta∣tio, 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 ve∣stry, 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 buil∣dings were painted in the out face of the partition. In the Satyricall plaies the painting was overcast with shadowes of mountaines and woods: Thee 1.212 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 off 1.213 Antesignanus are these: first in respect of the matter, because a Tragedy trea∣teth of exilements, murders, matters of griefe, &c. a Come∣dy of loue toyes, merry fictions, and petty matters, the one being 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the other 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In a Tragedy the greatest part of the Actors are Kings and Noble per∣sons; 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 be∣ginning

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 occasio∣ned, 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 Co∣mediās 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.

g 1.214 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 divi∣sion 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 ho∣nour 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

these votivi were performed only vpon occasion of some speciall vow made: for whensoever the Romans did vnder∣take any desperate warre, then did some Roman magistrate Vovere ludos vel templa, conditionally, that they got the conquest.h 1.215 Whiles the magistrate vttered this his vow, he was said Vota nuncupare or facere vota .i. to make a so∣lemne 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 Amphithe∣atre, vntil one of them had beene killed; whence those fen∣cers 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 dimica∣re & versis armis pugnare, this word versis signifying muta∣tis according toi 1.216 Lipsius) whereat they fought till one was killed; neither was the other so acquitted, but he stood lia∣ble 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.k 1.217 The coronet it selfe was called therefore palma lemniscata: and hence figuratiuely hath palma beene tran∣slated to signifie the victory it selfe; andl 1.218 such a mā as hath often gotten the prize, we say proverbially, that he is Plu∣rimarum palmarum homo. The reason why the palme tree rather then any other tree should bee given in token of

victory is rendred bym 1.219 divers good authors to bee this; because the palme tree, though you put never so ponde∣rous 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 wordn 1.220 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 exer∣cise, namely rūning the race, iusting, or turnamēts, which were called sometimes Troianus ludus, sometimeso 1.221 Troia without any other word added therevnto,p 1.222 because As∣canius Aeneas his sonne first brought them out of Troy in∣to 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 sig∣nified their break-fast, and it had its name like as our Eng∣lish word hath a Ieiunio from fasting. In former times it was calledq 1.223 Silatum from Sile, with the root whereof they were wont to season that wine, which they had at breake∣fast. For (asr 1.224 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

we call prandium, was the same with them as ientaculum; & thus much the Greek word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifying a dinner doth intimate. For it is so said quasi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which Plutarch interpreteth the morning. And therefore, when through Epicurisme this dinner time called prandium crept in as a distinct meale, it was called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth in continent, or one which cannot tē∣perate himselfe.s 1.225 The name prandium is said quasi 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 Ante∣coenium, because it was taken a little before supper.t 1.226 Me∣renda 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth as much as common.u 1.227 Quia antiqui∣tùs seorsim solebant prandere Romani, coenare cum amicis. Their fift & last time of feeding, was called in latin comis∣satio by some, by mostx 1.228 comessatio à comedendo.y 1.229 Ioannes Tistinus saith that it is a boever takē after supper, or a night drinking. But the chiefe feast whereatz 1.230 they gaue enter∣tainement 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 ta∣ble 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 di∣ning-chamber is so called from our dinner. It was also cal∣led Tricliniū or Biclinium from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 di∣ning 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 some∣times with wood of divers colours, sometimes with silver,

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 let∣ter Sigma,a 1.231 which (as it appeareth by certaine marble mo∣numents) 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 a∣ny autor: but my coniecture is this. It is agreed vpon by all autors, that in the round tables the one quarter was reser∣ved void frō guests, that the waiters might haue a cōveni∣ent roomth to attend. Therevpon it seemeth not vnproba∣ble to me, that this crooked arch was made for the wai∣ters. I acknowledge that this Sigma hath beene translated diversly by diverse writers, as it appeareth byb 1.232 Lipsius. By some it hath beene taken for the parlour or supping cham∣ber; (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 hemicy∣cle, 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 discumbi∣tur ostro, the beds being ready furnished the guests lay downe on them in manner as followeth. Each bed con∣tained 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, whencec 1.233 A. Gellius saith, that the nūber of guests shoulde begin with the Gra∣ces, 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.d 1.234 Septem convivium, novem convitium faci∣unt. If one onely lay vpon the bed, then he rested the vpper

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 o∣thers 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, sau∣sages, and alwaies egges; as likewise in the last messe were served, nuts, figs, grapes, but alwaies apples:e 1.235 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 sup∣per, 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 Gre∣cians 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.f 1.236 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.g 1.237 Toga à tegendo dicta est. It was made commonly of wooll but ac∣cording 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—

h 1.238 We must note with Toxita, that no women of any credit did weare the Romane gowne, but insteede thereof did vse

a garment called stola from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 heri 1.239 Mulierem togatam.k 1.240 This toga sometimes was worne open and vntuckt; then was it called Toga aperta: other times it was tuckt vp, & then it was cal∣led toga praecincta. This cincture or girding vp of the gown was according tol 1.241 Sigonius threefold; Cinctura laxior, A∣strictior, 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 astri∣ctior 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 ar∣gue a remisse soft and effeminate minde; the latter did sig∣nifie the promptnesse or readinesse of the person;m 1.242 Vnde, Altè praecincti pro expeditis dicti sunt. Thirdly, Cinctus Ga∣binus was a warlike kind of girding, not so that the whole gown should be tucked vp about the midle, but that it be∣ing cast quite backward, the party should gird himselfe with one skirt thereof.n 1.243 This kind of girding was so called from a certaine citie of Campania called Gabij, because vp∣on 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.o 1.244 In memory of which ever af∣ter, the Consul when hee would proclaime warre girded himselfe in like manner. Neither had the Consul alone a pe∣culiar garment when he proclaimed warre, but every soul∣dier 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 sa∣ga togae, is aequiualent to that of the Orators, Cedant arma

togae. Touching the difference of the Romane gownes I finde them distinguished byp 1.245 Sigonius accordingly as fol∣loweth; in Togam Puram, Candidam, Pullam, Praetextam, Paludamentum, Pictam, Trabeam. Togapura was the com∣mon 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 e∣phebis .i. to be past striplings. Notwithstanding the six∣teenth yeare was not alwaies strictly without exception observed;q 1.246 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 some∣times called virilis, sometimes libera. It was called pura in respect of its pure white colour, being free from all admix∣tures of purple or any other colour, & therefore some haue tearmed it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, al white, others 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, void of pur∣ple. 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,r 1.247 be∣cause then they did receaue some beginning of freedome, as being about that time freed from their school-masters, and overseers.s 1.248 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 strip∣lings could not for one whole yeares space, cast back their gownes in that manner for the liberty of their armes with∣out the imputation of immodesty, as it appeareth byt 1.249 Ci∣cero, Nobis annus erat vnus ad cohibendum brachium togâ constitutus. The like liberty it seemeth was denied those that stood for places of office;u 1.250 & thence is it, that Horace wisheth such to hire them a servant —Laeuum Qui fodiat latus, & cogat trans pondera dextram Porrigere—

In which place by pondera is vnderstood the Romane gowne, asx 1.251 Sigonius hath expounded that place. Now for the vnderstanding of Toga candida, we are to learne a dif∣ference 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 white∣nesse. The toga alba had only the naturall whitenes of the wool; the toga candida had an artificiall white die: where∣by the glasse of the white was made more orient and intēsiue. Or else asy 1.252 Sigonius hath obserued out of Isidorus, In∣tendendae albedinis causâ cretam addiderant .i. they chalked it to encrease the whitenesse thereof. Whence Polibius cal∣leth it togam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, shining or splendent. Moreo∣ver whereas the alba toga was the ordinary Roman gowne which commonly the Romane citizens did weare; this can∣dida toga was only worne by those, which did ambire ma∣gistratum, sue for a magistracy or place of office who du∣ring 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 to∣ken of mourning, and the mourners were thence called A∣trati and as often as they did weare this gowne, they were s••id Mutare vestem,z 1.253 which phrase in old autors doth sig∣nify nothing else, but to goe in mourning apparell: The o∣ther 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

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 o∣thers, from whence it is, thata 1.254 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. Pulla∣ti 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 permit∣ted first to Noble mens children; afterward to all Romane children in generall: where vponb 1.255 Togatus à praetextato differt, vt privatus à magistratu & vir à puero, and aetas prae∣textata, 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, whichc 1.256 none but the L. Generall or the chiefe captaines did vse to weare.d 1.257 Isidorus saith it was not only garded with purple, but with skarlet, and gold lace, whence it was sometimes callede 1.258 togapurpurea, somtimes coccinea. It was much like the habit which the Grecian Em¦perour was wont to weare called Chlamis; yea now it is f 1.259 called Chlamis; wee may english it an Heralds coate of Armes. The sixt sort of gowne was called togapicta,g 1.260 be∣cause in it were embroadered goodly pictures with needle worke: it was also called Purpurea, not because of any pur∣ple 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

victory were wrought; whence by others it was called to∣ga triumphalis, because Emperours in their triumphes did weare such gownes. The last sort of gowne was Trabea, whereof there wereh 1.261 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 vp∣on purple, and this the Augures only did weare.i 1.262 This last sort was therefore called trabea auguralis, the second tra∣bea 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 eng∣lish proverbe, Close sitteth my shirt, but closer sitteth my skinne.k 1.263 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,l 1.264 but purfled over and embroa∣dred 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 pur∣ple 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 strip∣lings past sixteene yeares olde, and to new maried wo∣men.

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 garmentm 1.265 called palliū, and sometimes palla, quia palàm gestabatur.n 1.266 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 spo∣ken of: such are these which follow, Lacerna, which some do english a cloake, buto 1.267 Festus would haue it to be a little kinde of hood, which men should weare to defende them∣selues 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. p 1.268 Isidorus Togatos pro vrbanis, lacernatos pro militibus vsur∣patos scribit. Afterward as we may coniect, it was made lō∣ger in maner of a cloake, for it was diverse times worne vp∣on their coates insteed of gownes. Another kinde of gar∣ment was the Penula, so called quasi pendula, we may tran∣slate 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 signifi∣ed a girdle, which more properly was called zona; This zo∣na 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 per∣didit. 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 de∣flowre

a Virgine: this marriage girdle in former times was called Cestus, from whence commeth the latin word ince∣stus, 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••:q 1.269 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.r 1.270 Calceamentorum genera duo fuerunt, ••alce∣us, & solea: For the soale of the shoe called in latin solea, sometimes crepidula, and in Cicero his time gallica, was ty∣ed 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 Mulleis 1.271 from the fish mullus, being like vnto it in colour, were also called from their claspes calceit 1.272 lunati, because the claspes were made in forme of an halfe moone, which halfe mooned claspe re∣sembling a Romane C, signified an hundred;u 1.273 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 co∣rio facti; and these perones or puros calceos all the other Ro∣manes

did wearex 1.274 with this note of distinction, that the magistrates shooes were beset with precious stones, pri∣vate 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 Co∣thurnus & Soccus may be seene in the tract* 1.275 de Romanis lu∣dis.

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,y 1.276 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 be∣gin 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:z 1.277 Ea enim cornicum societas est, vt ex duabus socijs alterâ extinctâ vidua altera perpetuò ma∣neat. 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;a 1.278 because vnto that finger a∣lone a certaine artery proceedeth from the hart. The word nuptiae which signifieth mariage had its derivation a Nubo b 1.279 which verbe in old time signified to cover: the custome

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 follow∣ers had in the violent taking away of the Sabine women, c 1.280 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 fen∣cer formerly had beene killed. This speare was called by them hasta celebaris,d 1.281 and the ceremony did betoken, that nothing should disioine them but such a speare or such like violence. We must note thate 1.282 three manner of waies a wo∣man became a mans lawfull wife vsu, cōfarreatione, coemp∣tione. A woman became a mans lawfull wife vsu .i. by pre∣scriptiō 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 inter∣rupto vsu .i.f 1.283 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 solemni∣ties vsed before a Pontifie or chiefe-bishop, when the wo∣man 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, andg 1.284 sometimes sacra sim∣ply; the dissolution of this kinde of mariage Diffarrea∣tio. 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.h 1.285 Vete∣ri Romanorum lege, nubentes mulieres tres ad virum asses ferre solebant: at{que} vnum quidem quem in manu tenebant, tā∣quam

emendi causa marito dare.i 1.286 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 Ca∣cilia wife to Tarquinius Priscus: from whence sprang a cu∣stome 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 ex∣pounded that saying by these words, Vt tu dominus, ita e∣go domina. If any of these ceremonies were omitted,k 1.287 then was the mariage tearmed Nuptiae innuptae, in which sense we call our enimies giftes no giftes, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. These ceremonies being ended, towards night the woman was brought home to her husbands house with fiue tor∣ches, signifying thereby the need which married persons haue of fiue Gods or Goddesses .i. Iupiter, Iuno, Venus, Sua∣dela, and Diana, who often times is called Lucina (the rea∣son 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 cer∣taine tree, from which a pitchy liquor did issue: it was cal∣led 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,l 1.288 from which cere∣mony the wife was called vxor quasi vxor. This ceremo∣ny of annointing being ended, the bridemen did lift her o∣ver 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 customem 1.289 Plutarch allegeth many reasons; this being one. Among those who

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, Talas∣sio: as the Greeks did Hymen, Hymenaee. From this custome of leading or bringing home the new maried bride, com∣meth 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.n 1.290 The mariage bed was called Genialis lectus, as we may suppose quasi Genitalis. The next day after the mariage the bride∣woman receaued gifts from her friends, which the lawyers termed Nuptialia dona.o 1.291 But Cicero expoundeth these dona nuptialia, to bee certaine tokens which the husband sent vnto his wife before the betrothing. If after the mariage a∣ny discontent had fallen out betweene the man & his wife p 1.292 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. Thereq 1.293 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 Di∣vortium, wherein the partie suing for it vsed these wordes,

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 nun∣cium remisit, C. Caesar hath divorce Pompeia. And alluding herevnto,r 1.294 Cicero saith virtuti nuncium remisit .i. Hee hath cast off all goodnesse, hee hath even divorced vertue. Se∣condly we must note that this verbe Renuncio, doth not on¦ly 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

—s 1.295 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 bo∣dy 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.

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 concla∣mation or generall outcry (which was alway vpon the sea∣venth day after the decease) was even the last refuge, at which if the body did not reviue, then was it caryed to bu∣rial being invested with such a gowne as the parties place or office formerly had required. Those who had the dres∣sing, chesting or embaulming of the dead corps were cal∣led 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 Latinet 1.296 Acerra, vpon which his friendes did e∣very day offer incense vntil the buriall. The gate in the out∣side 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.u 1.297 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 thex 1.298 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 bell∣man, went about the towne to call the people to the solē∣nization

of the funerall, in this forme of words:y 1.299 Exequi∣as 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.z 1.300 Senatoribus & patricijs tubâ; mino∣ribus & 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 a∣mong the Senators themselues to beare the corps, and be∣cause the poorer sort were not able to vndergoe the char∣ges of such solemnities, therevpon were they buried com∣monly 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 cer∣taine waxen images of all his predecessors were caried be∣fore 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 ma∣sters death. After the corps followed the dead mans chil∣dren, the next of the kinne, and other of his friends atrati, .i. in mourning apparell. The corps being thus brought vn∣to their great Oratory called the Rostra, the next of the kin a 1.301 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 predeces∣sors, whose images were there present. The oration being ended, the corps was in olde time caried home againe in

manner as it was brought forth,

Sedibus hunc refer ante suis & conde sepulchro.

But afterward by the law of the twelue tables it was pro∣vided, that no man besides the Emperour and Vestal Nuns should be buryed within the city; though some vpon es∣peciall 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 (b 1.302 the reason therof being to prevent the cruelty of their enimies, who in a mercilesse revenge would at their conquests digge vp the buryed bo∣dies, making even the dead also subiects of their implaca∣ble wrath.) This fire before the burning was properly cal∣led Pyra; in the time that it burned it was called Rogus, c 1.303 quod tunc temporis Rogari solerent manes; after the bur∣ning then was it called Bustum quasi benè vstum. This Pyra was alwaies built in forme of a tabernacle, as it is* 1.304 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 fin∣ger 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:d 1.305 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 suppo∣sed 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 be∣ing thus laid vpon the Pyra, the next of the kin turning his

face averse from the pyra, did kindle the fire with a torch: After this commonly certain fencers hired for this purpose did 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 infer∣nall Gods, which kinde of sacrifice they tearmed Inferiae. c 1.306 Inferiae sunt sacra mortuorum, quae inferis solvuntur. Anon after the body had been burned, his nearest friends did ga∣ther 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.

f 1.307 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 cof∣fine. Now these funerall solemnities were commonly to∣wards night, insomuch that they vsed torches; these tor∣ches they properly calledg 1.308 funalia à funibus cerâ circun∣datis, vnde & funus dicitur.h 1.309 Others are of opinion that fu∣nus is so said from the greeke word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signifying death or slaughter. The bones of the burned body being thus ga∣thered 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 signify∣ing 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 permise∣rit sequemur. If any of these ceremonies had beene omit∣ted i 1.310 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 fune∣rall banquet called silicerniumk 1.311 quasi filicaenium .i. coena su∣pra silicem posita, their custome being to eate that feast vp∣on

an altar of stone, and because this feast was onely eaten at funerals, and by the elder sort,l 1.312 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 Mur∣rhina 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 sorrow¦ing or mourning was in some cases vtterly prohibited, in others limited;m 1.313 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 hus∣bands 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.

Lib. 3. Sect. 1.

Of the Romane assemblies.

De Comitijs.

HIthervnto haue we insisted vpō the descrip∣tion of the most remarkeable parts of the Romane city, togither with the severall di∣visions of the Romane people, as also the Ro∣mane religion: where we haue seene the ge∣nerall divisions of their Gods, their sacrifi∣ces, 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 politi∣call or civill, where we will first speake of their civill magi∣strates, then of so many of their civill lawes, as I haue ob∣served needfull for the vnderstanding of Tully; & that prin∣cipally 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 a∣ny matter by way of giving voi∣ces, is à co••undo tearmed Comitia, simply, without the adiection of any other word; or Comitia calata, that is, assemblies called to∣gither, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the obsolete latin verbe calo, which signifieth to call: though afterward

those assemblies onely, which were held either for the in∣auguring 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 Testa∣mentum calatis comitijs. This kinde of assembly is some∣times called comitiaa 1.314 pontificia and comitia sacerdotum, in that sense as others are called Cōsularia, or Aedilitia comi∣tia; 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 hun∣dredths, called Centuriae; or by wards, called Tribus. The first sort of assemblies they called comitia Curiata, the se∣cond comitia Cēturiata, the last comitia Tributa.b 1.315 Where by the way we must note, that that thing which was de∣termined 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,* 1.316 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 * 1.317 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,c 1.318 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 as∣semblies. d 1.319 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

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 ta∣ble 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 deli∣vered these tables vnto the people, did stand at the lower end of* 1.320 those bridges (which were erected vp for the suffra¦gers 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 inno∣vations. The tables being thus cast into the chests, certaine men appointed for that purpose in manner of Scrutators (they called them Custodes, and sometimesc 1.321 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 sep∣tem, and Omne tulit punctum; where punctum is vsed for suf∣fragium. The voices being thus numbred, it was pronoun∣ced 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 in∣ward rinds of trees, called in Latine Libri (so that to this day we call our bookes Libri, because in olde time they

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 cera∣tae tabulae. They wrote their wills and testaments in tables, f 1.322 Hinc secundum & contra tabulas bonorum possessio; The possession of goods either according or against the testa∣tor his will. Because of the wax wherewith these tables were covered, cera is often vsed in the same sense, as Haere∣des primae cerae .i. primae tabulae & in primo gradu instituti; by which words I think are vnderstood such heires asg 1.323 Alex∣ander calleth Haeredes ex toto asse .i. heires to the maine in∣heritance, opposing them to those which did receaue only legacies, whom he calleth there Haeredes in imâ cerâ, secū∣dos haeredes, & legatarios.h 1.324 Sylvius not vpon improbable grounds doth thinke that Tully doth vnderstand by Haere∣des secundi, such heires as were nominated to succeed the chiefe heire or heires if they died. They wrote their ac∣counts in tables, hence Tabulae accepti & expensi, signifying reckoning books. They wrought their statutes also in ta∣bles, 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 tearmedi 1.325 tabulas novas; wee may english them letters of protectiō. They wrought their inventories of goods set at sale in tables calling them ta∣bulas auctionarias: yea they indited their epistles and com∣mon 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.k 1.326 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

with wax, whence Cicero saith Linum incidimus .i. we ope∣ned the letters.l 1.327 Lastly they wrote their bookes in tables, whence from them we doe at this day call our bookes co∣dices 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 m 1.328 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 ofn 1.329 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 hiso 1.330 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 Et∣si meus ille stylus fuisset;p 1.331 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

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 omit∣ted. 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 tear∣med 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 con∣sult 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 extra∣ordinary occasiō, no assembly might be called vpon a mar∣ket-day, because of the country folks businesses, they also having freedome of suffraging) the magistrate did convo∣cate, the people to that place where the law was to be pro∣posed: there the Towneclarke or notary reading the law, the common cryer proclaimed it, then did he which pro∣mulged 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 peo∣ple, shewing the inconveniency thereof. After the orations had been ended, an vrne or pitcher was brought vnto cer∣taine 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 praero∣gando, because they were first asked their voices: that cu∣ria vpon which the first lot fel, was calledq 1.332 Principium, be∣cause that curia did first suffrage. Those Tribes vpō whom

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 hauer 1.333 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 determina∣tion of the prerogatiue tribe or centurie. Whiles the peo∣ple were busie in their lottery, in the mean time if anys 1.334 Tri∣bune of the cōmons would intercedere .i. forbid the procee∣ding, 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 cal∣led by thet 1.335 Physitions at this day, Morbus comitialis:) last∣ly the assemblies were dissolved by reason of the soothsay∣ings, 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 vn∣lucky token did appeare dissolved the assembly: or else it was caused by the Augures, and civill magistrate promis∣cuously, whensoever any evill token was seene or heard ei∣ther by the magistrate or Augur (amongst which thunder was alwaies counted the vnluckyest) at which time the as∣semblies were in like maner to be dissolved: this maner of dissolution was tearmed obnunciatio or Nunciatio.u 1.336 Obnū∣ciabat, qui contra auspicia aliquid fieri nunciabat. Both these kindes are easily to be collected out of that speech in Tully x 1.337 Nos augures nunciationem solam habemus, consules & reli∣liqui magistratus etiam spectionē. Here we may fitly in way of conclusiō vnto this tract, adde a iust difference to be ob∣served

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 exami∣ned by them touching the conveniencie thereof. Rogare legem was to vse a certaine oration vnto the people, to per∣swade the conveniencie of the law, which oration because it began with this forme of words, Velitis, iubeatisnè Qui∣rites? .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;y 1.338 Cùm approbata fuisset lex, in aes incidebatur, & in aerario condebatur, & tunc demùm lata di∣cebatur. Lastly, Figere legem was to publish the law after it had been approved & recordedz 1.339 by hanging it vp in tables of brasse in their market places, or at their church doores: hence it is that wee vsea 1.340 tabulam figere in the same sense, namely to enact or establish a law, & refigere legem to dis∣proue or cancell a law.b 1.341 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 peo∣ple 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 de∣termined 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

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 pari∣shes (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 ser∣jants (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 Tribu∣nus plebis intercedere .i. forbid their proceedings: wherevp∣on their assemblies were presently dissolved.

CHAP. 3.

De Comitijs Centuriatis.

AS those former assemblies were called Curiata à cu∣rijs, so were these called Centuriata à Centurijs. Ser∣vius Tullius caused a generall valuation of every ci∣tizens estate throughout Rome, to be taken vpō record to∣gether 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

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 o∣ther Classis, yet were they said to be Infra classem. The va∣luation 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 con∣tained 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 byc 1.342 Sigonius. These six great bands or ar∣mies were subdivided into hundreths called in Latine Cē∣turiae. The first Classis contained fourescore centuries of footmen, and eighteene of horsemen: the second contai∣ned 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 vp∣on iust occasion did Classicum canere, sound the alarme and vpon iust occasion did againe receptui canere, sound the re∣trait: the fifth Classis contained thirtie centuries of foote∣men: the sixt or last Classis contained one centurie: so that in all the six Classes were contained one hundred foure∣score 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

vpon the enimies; the other halfe of old men, who remai∣ned at home for the safety of the citie. All that hath beene hitherto spoken of these Centuriata comitia, may be collec∣ted 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 couldd 1.343 Plenum civitatis ius cū iure suffragij adipisci.e 1.344 Now the custome in old time was, that al these centuries should march in their armour after the magistrate which assem∣bled 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 appoin∣ted 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 cētu∣ries of the first Classis being the wealthier had the preroga∣tiue of suffraging first, and because this first Classis contai∣ned 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 pla∣ced 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

first, vpon whom the lot fell. The other centuries were all calledf 1.345 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 regi∣on, ward, or locall place of the citie, or the fields belonging therevnto according to that,g 1.346 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 na∣tionall 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 the* 1.347 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;h 1.348 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

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 ob∣servations touching the Romane petitors or suiters for bearing office: where we wil obserue these three phrases ambire magistratum, inire magistratum, and abire magistra∣tu. The first signifieth, to sue for an office, the second to en∣ter into the office, the third to depart out of the office. A∣gaine the difference of these phrases, Conficere legitima suf∣fragia, & Explere suffragia.i 1.349 The first signifieth to haue so many voices as the law doth require. The second signifi∣eth 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 large* 1.350 where we haue spokē De Romanâ togâ. That they might the easier procure the good will of the people, k 1.351 these foure things were expected from them. First No∣menclatio, 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 some∣times called Nomenclator, which word doth properly sig∣nifie a common crier in a court of Iustice, such as call men to their appearance, whence they had their name from No∣men & calo, an old latin word to call; sometimes Monitor; sometimes Fartor ab infarciendo in aures. Secondly, Blan∣ditia, that is, a friendly compellation by the addition of some complementall name, as well met friend, brother, fa∣ther,

&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 Cōgi∣arium from the measure Congius containing a gallon, be∣cause theirl 1.352 dole was at the first made of oile or wine di∣stributed in those measures. Howbeit 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 any dole gift or larges in mony or otherwise is called cōgiariū. The distributors of this dole were calledm 1.353 divisores &n 1.354 seque∣stres, 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.

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 magi∣strate is. A magistrate is heo 1.355 who receiveth by publique autority the charge and over∣sight of humane affaires belonging to the commō wealth. These Romane magistrates were either to be chosen only out of the better sort of Ro∣manes, called the Patricij; or else onely out of the commo∣nalty. p 1.356 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: howbe∣it some of them had greater power, others lesse; insomuch that some were called Maiores magistratus, quoniam habe∣bant maiora auspicia .i.q 1.357 magis rata. Others were called mi∣nores 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 in∣cense

the people, that they did not only for the present ex∣ile him, but decreed that their city should never after that be governed by a king. This king had absolute rule & go∣vernement 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 calledr 1.358 Ce∣leres à celeritate, from their readines in assistance: some∣times they were called Trossuli,s 1.359 because they alone with∣out the helpe of any foote-men did take a certaine city in Etruria called Trossulum. Other times they haue beene cal∣led Flexumines, wherof as yet there hath beene no certaine reason rendred. Each hundred of them had their severall o∣verseer called Centurio: and over them al there was one ge∣nerall 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 be∣ing 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.t 1.360 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,* 1.361 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 v∣sed to signifie honour and dignity, as Fascibus suis abroga∣tis, he being discharged of his magistracie or dignity.

CHAP. 3.

De Senatu, & quis Princeps Senatus, & qui Sena∣tores Pedarij?

TOuching the election of the Senators, the number of them, and the distinction of them into Senatores ma∣iorum & Senatores minorum gentium, sufficient hath beene delivered* 1.362 in the second division of the Roman peo∣ple; as likewise* 1.363 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 suf∣ficient for vs to vnderstand, that every solemne meeting or consistory of these Senators was called Senatus. The fore∣man 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 wasu 1.364 ordinarily admitted into the place of a Sena∣tor, 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: x 1.365 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 Se∣natum .i. propose the matter vnto the Senate; the others de∣parted 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 discer∣ned, then they rested there, tearming that act to be decreed

y 1.366 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; andz 1.367 likewise they were said, Stare in Senatu: as on the contrary they were said Ia∣cere, whom the Senate neglected or rather cōdemned.a 1.368 Cū mihi stanti iacens minaretur, saithb 1.369 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 con∣cluded that the government of their city, which be∣fore was in the hand of one alone governour, called their King, should now bee divided betweene two:c 1.370 whom at first (before there was any such subordinate office as a Prae∣torship) the Romanes called Praetores, quod praeirent populo. Not long after they were called Iudices à iudicando. In pro∣cesse of time they were known by no other name then Cō∣sules à consulendo populo.d 1.371 No citizen, was ordinarily cre∣ated Consull before the forty third yeare of his age. Neither might any be chosen without speciall dispensation either of their absence out of Rome,e 1.372 or in time of their triumph

which was the reason that Iulius Caesar was glad to for∣goe 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 & axesf 1.373 the first month before one Consul, & the second be∣fore the other; as formerly they had done before their Kings.g 1.374 The reason why each Consul had not twelue Li∣ctors 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, andh 1.375 because this chaire was com∣monly caried about in a certaine coach or chariot, where∣in the Consul did ride, hence from Currus which signifyeth a chariot, it is also called Sella curulis: wherei 1.376 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 pur∣ple 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 Ab∣vrbe condita the twentieth, thirtieth, or fortieth yeare, &c. But in processe of time their manner of dating was by sub∣scribing 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. k 1.377 At the first those who were created Consuls remained in their office the space of an whole yeare, being designati ad

consulatum vpon the twentie fourth of October.l 1.378 At con∣sulatum non inierant ante Calendas Ian .i. the first of Ianua∣ry. The reason of this chasme, or interim betweene their de∣signation 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 de∣position or death many Consuls haue beene chosen in the same yeare, and they were calledm 1.379 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 conti∣nued in their office the whole yeare were calledn 1.380 Consu∣les 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 o 1.381 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 no∣tice thereof. They did Senatu & Tribu movere .i. They did depose Senatours, and pull downe men from a more hono∣rable

Tribe to a lesse honourable. They did punish Capitis diminutione .i. with losse of freedome: and that was three∣fold p 1.382 Maxima, Media, & Minima. The least degree of dis∣franchising 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 isq 1.383 com∣monly 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 ordinari∣ly, becauser 1.384 through the abuse of their place, the office hath been somtimes made annuall.s 1.385 That fiue yeares space the Romanes did call Lustrum, because they did once in e∣very fiue yeares revolution Lustrare exercitum Romanum, by sacrifice purge the Romane army. Hence we say duo Lu∣stra, 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,t 1.386 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 con∣dere lustrum doth signifie, to muster an army. These sacrifi∣ces, as likewise all others of the like nature, that is, where∣in there was a Sow, a Ramme, and a Bull sacrificed, were tearmed sometimesu 1.387 Suovetauralia, somtimes Solitauralia, sometimesx 1.388 Taurilia. Moreover it did belong vnto these Censors to farme out the tributs, imposts, tollage, &c.y 1.389 At the fiue yeares end, the acts of both their Censors were re∣gistred vpon bookes of record, which records were laid vp in a certaine religious house dedicated to the Nymphs. Whencez 1.390 Cicero speaking of Clodius, saith, Qui aedem Nympharum incendit vt memoriam publicam, incensis tabu∣lis publicis impressam aboleret.

CHAP. 6.

De Praetoribus.

THe Consuls by reason of their many troubles in war, having no time to administer iustice vnto the Ro∣mane 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 ci∣tizen, and citizen; the other to decide controversies be∣tweene forreiners: The first theya 1.391 called Praetorem vrba∣num, 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 on∣ly the Praetor Vrbanus, vntill the cases and suits in law be∣came so many, that one was not sufficient to heare them all:b 1.392 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 cere∣ales; c 1.393 nay there were at last eighteene Praetors, there being two others added to iudge of controversies touching feof∣mēts of trust called thēce Praetores fidei cōmissarij.d 1.394 Causarū duo genera sut: aliae privatae, aliae publicae; has criminosas, illas civiles appellant. In those cases which were private .i.e 1.395 tou∣ching equity and vprightnesse of any act or the restitution of any mony or goods vnlawfully detained from the right owner, it belonged principally vnto thef 1.396 two first Praetors to iudge:g 1.397 but vnder them vnto the Centumviri, who of∣ten times are called by Tully, Recuperatores, & Iudices ha∣stae; 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 can∣vassing for offices, &c: were called also, causae capitales, and capitis dimicatio .i.h 1.398 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,

sed aliquando exilium: quo scilicet caput .i. civis eximitur à civitate.i 1.399 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 parri∣cidij. In continuance of time the examination and hearing of these publique cases was turned over vnto certaine ma∣gistrates, who because they were to continue their office a full and entire yeare (whereas the others had their authori∣tie no longer then they sate in iudgement) were thence for distinction sake called Praetores Quaesitores, and the cases were tearmed Quaestiones perpetuae:k 1.400 because in these cases there was one set forme of giving iudgement perpetuallie to remaine; wheras in those private or civil causes the Prae∣tor did commonly every yeare change the forme of giving iudgement by hanging vp new edicts.l 1.401 Here we must note that these Quaesitores Parricidarum, otherwise called Prae∣tores 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 to∣ken of their court.m 1.402 Praetorum insignia duo fuere, hasta, & gladius; illa ad iurisdictionem, hic ad quaestionem significan∣dam. 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 accien∣do, from summoning, because they were to summon men to their appearance. They much resembled our bayleiffes er∣rant. The third sort were lictores, of which before:n 1.403 The au∣thority 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.o 1.404 Others are of opiniō that onely the Praetors edict was that Ius honorariū,p 1.405 the Prae∣tor

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, accor∣ding 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 pub∣lique view. This forme of iustice was tearmed Edictum, ab edicendo .i.q 1.406 imperando; because thereby hee did command, or forbid something to be done. Whence Pellitarius in the place now quoted doth translate consulum edicta, Manda∣tory letters, that it might be distinguished from other ma∣gistrates 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 thereforer 1.407 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 Edictss 1.408 Tully calleth peculiaria & no∣va edicta. Afterwardet 1.409 Salvius Iulianus collected an Edict out of all the old edicts of the former Praetors, wherein al∣most all the whole civill law was contained and this was called properly Edictum perpetuū, because that all the Prae∣tors ever after did administer iustice according to that E∣dict by the appointment of Hadrianus being then Empe∣rour. The edict being given out, the administration of iu∣stice consisted in the vse of one of these three words, Do, Dico, & Addico .i.u 1.410 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 asx 1.411 much as to deli∣ver

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 deb∣tors also which are delivered vp by the Praetor vnto their creditors to worke out their debt, are tearmed servi Addi∣cti: 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 Addice∣re 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. Andy 1.412 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 Se∣nate welcomed him with new invented titles of singular honour, styling him Pater patriae, Consul in decennium, Di∣ctator in perpetuum, Sacro sanctus and Imperator: all which titles were afterward conferred vpon Octavius Caesar; and all the Emperours succeeding desired to be called Impera∣tores & 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. z 1.413 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 Eng∣lish Soueraigne, and they counted this a name of more re∣verence

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.

Aa 1.414 custome was receaued amongst the Romane Em∣perours 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 Em∣perour, 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 ap∣pointed 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. After∣ward 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 (forb 1.415 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

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 enlar∣ged in the Kings absence, and of this opinion doe I finde Fenestella, Alexand. Neop. andc 1.416 Sigonius.

CHAP. 10.

De Decemviris legibus scribendis.

FOR the better administration of iustice thed 1.417 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 tabula∣rum. 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 bu∣sinesses. e 1.418 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 pow∣er was abrogated, because of their tyranny and oppression vsed by them towards the Romane people.

CHAP. 11.

De Interregia potestate.

AFter the death of Romulusf 1.419 the Senators divided thē∣selues into several companies called Decuriae comit∣ting 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, whenceg 1.420 Rosinus calleth this magistracy Magistra∣tum 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,h 1.421 then they chose one to whom alone they com∣mitted the whole governement of the kingdome, and him they called Interregem.

CHAP. 12.

De Dictatore.

VVHensoever the Romanes found themselues en∣combred 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 of∣fice continued but six months and at the expiration there∣of if need required he was chosen againe for another six months. He was also calledi 1.422 Populi Magister, in as much as none could make their appeale from him vnto the peo∣ple. As soone as himselfe was established in his office hee chose a subordinate officer whom he calledk 1.423 Equitum ma∣gister: his authoritie much resembled his whom they called Vrbi praefectum: for as the Praefectus vrbi in the absence of

the absence of the king, so this Magister Equitum in ab∣sence of the Dictator had full and vncontroleable authori∣tie of doing what he would.

CHAP. 13.

De Tribunis militum.

THesel 1.424 military Tribunes were of two sorts. The one had all power and authoritie, which beelonged vn∣to the Consuls; and thence were called Tribuni militum consulari potestate. The occasion of them was this: The pro∣tectors of the commons called Tribuni plebis did earnestly labour that the commonalty might bee made as capeable of the cōsular dignitie as the Nobility:m 1.425 This was follow∣ed 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 magi∣strats 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 au∣thoritie: 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.n 1.426 Sometimes there was one of these 3. words praefixed Rutuli or Rufuli, Suffe∣cti and comitiati; not therby to intimate vnto vs any distin∣ction of office or place, but to signify their manner of ele∣ction. 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 substitu∣ted 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 ta∣ken

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,o 1.427 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 be∣ing 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 diffe∣rence there was, to every thousand of footmen in any le∣gion; there were as many military Tribunes vnder their chiefe commander called Imperator. But in our english ar∣mies 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 conspi∣ration betweene Augustus Caesar, Antonius, & Le∣pidus. 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,p 1.428 preten∣ding 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 re∣signe their authority, exercising excessiue cruelty towards all the Romanes of what degree soever.q 1.429 This kinde of go∣vernement 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

the consent of the Senate, or commons. They might pre∣scribe and bannish any Romane at their pleasure; and as of∣ten as we read de Triumvirat•• simply without any adiun∣ction, or de Triumvirat•• Senatus legendi, wee are to vnder∣stand it of this, though some vpon vnsure grounds doe dis∣ioine 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 pai∣ments belonging to any state or corporation. And hence r 1.430 quoniā publicae pecuniae quaerendae praepositi erant, they took their name Quaestores: Sometimes they are called Quaesto∣res Ʋrbani, to distinguish them from the provinciall Quae∣stors, 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 capi∣talium, of which you may see more in the tract de Praetori∣bus. s 1.431 Lastly they were called Quaestores aerarij, to distin∣guish them from the Tribuni aerarij .i. those Martiall trea∣surers, or Clarkes of the band, which did receiue the soul∣diers 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 dis∣burse at all occasions of publique expenses; to take an oath of him that the souldiers had saluted by the name of Impe∣rator, 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 sel∣ling them laide vp the mony in the great Treasure-house called Aedes Saturni.

CHAP. 16.

De Tribunis Plebis.

THet 1.432 Romane commonalty finding themselues oppres∣sed by the wealthier sort, departed vnto the Aven∣tine 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 re∣mission of their present debts, before they would returne vnto their city again, they would haue certaine magistrats chosen, which should beu 1.433 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 Sacro∣sancti, then was he accounted homo sacer .i. an excommuni∣cate 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:x 1.434 quoniam illius a∣nima dijs devota amplius humani commercij non sit. To these y 1.435 magistrats the protection of the commons was commit∣ted, who because they were at first chosen out of the Mi∣litary 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 com∣mons. At the first institution of them they were in number but 2, asz 1.436 some haue thought:a 1.437 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 po∣wer 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 af∣terward by abusing their authority they did.b 1.438 Sed eorū au∣toritas 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: butc 1.439 they sate with

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.d 1.440 The houses of these Tribunes stood open night and day, as a cōmon refuge or place of succour for all that would come; e 1.441 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 tem¦ples & private dwelling houses which belonged vnto the city. The first sort were called Aediles curules, â sella curu∣li, from the chaire of state, wherein it was permitted them to ride; and these were chosenf 1.442 out of the Senators. The second sort were called Aediles plebeij, and they were ad∣ded 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,g 1.443 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 hou∣ses, 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 pub∣lique conduits or water conveyances, of provision for so∣lemne plaies, &c. Of the third sort there were also two, who were in a manner Clarkes of the Market.h 1.444 For vnto them belonged the looking vnto the victuals sold in the market, and corne: Whence they were called by them Ae∣diles cereales; &i 1.445 by the Greekes 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. This office, for

ought that can bee collected out of those that treate of it, differeth but little from his, whō the Romanes called An∣nonae Praefectum; onely this, the Aediles Cereales were ma∣gistratus ordinarij; the Praefectus extraordinarius, namely, k 1.446 such as was chosē only in time of extraordinary dearths; he having for that time larger authority then those ordina∣rie 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 tou∣ching the dearth: as suppose we hoarding of corne, fore∣stalling the market, &c.

CHAP. 18.

De Triumviris.

BEside that Triumviratus Reip: constituendae, of which we spake before, there were divers kindes of Trium∣virates; namely Triumviri capitales, three high Shi∣reiffes, who had the charge of prisons and were to see ma∣lefactors punished: for which purpose eight Lictors did at∣tend thē. There were alsol 1.447 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 alsom 1.448 Quinqueviri Mensarij, both being called Mē∣sarij from Mensa, a table, whereon they told their mo∣ny. Another sort of Triumviri there were appointed to presse souldiers, whence they were called Triumviri con∣quirendi 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 deducen∣dae: but sometimes for this purpose they elected seaven, ten, or twentie, and so named them Quinqueviri, Septemviri, Decemviri, and Ʋigintiviri Coloniae deducendae. Three o∣ther sorts of Triumviri remaine, which were offices of small account; as the Triumviri monetales, three Masters

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 va∣letudinis, Three Pest-men, which were to oversee those that lay infected with any contagious sicknesse. Thirdly, n 1.449 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 main¦tenance of those souldiers: but being denied it, hee built a certaine Treasure-house, which hee called Aerarium mili∣tare, 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 inhe∣ritances 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 soul∣diers, 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 calledo 1.450 Prae∣tores; 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 calledp 1.451 Praetores, quasi Praeitores qurniam iure & ex∣ercitu praeibant. Answerable to which threefold acception

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;q 1.452 from which last signification it is that those soul∣diers that gaue attendance about that pavilion for the gard of their captaines person are sometimes called Milites Praetoriani, sometimes Cohors praetoria;* 1.453 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 trea∣sury 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 eng∣lished 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 of∣fice.

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 admi∣nister 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

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 magi∣strate into the Provinces, whom they called a Consul, be∣cause properly the managing of warre belonged vnto the Consul. So that there were at first two ordinary Pro∣vinciall 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 Procon∣suls, but those alone who had beene Consuls in Rome; nei∣ther could any be Propraetours, which had not beene Prae∣tors 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 a∣gaine being not called Consules or Praetores as before, but s 1.454 Proconsules & Propraetores; and for this cause alwaies, so soone as the Consuls had beene created, the Senate did ap∣point certaine Provinces for the Consuls, which being ap∣pointed 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 autori∣ty, and dispose the same. Vnder the Emperours the gover∣nours of some Provinces were appointed by the Senate, & the people, and those were called Proconsules, and the Pro∣vinces, t 1.455 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 ofu 1.456 Rosinus. To which we adde this, namely that every Proconsul and Propraetor did vsual∣ly

choose a Lieuetenant such a one as should bee assistaunt vnto him in matters of governement,x 1.457 whom they called Legatum. So that this word Legatus signified three several Magistrates amongst the Romanes, two whereof may bee proved out ofy 1.458 Sigonius; first that it signified such a Lieue∣tenant or L. Deputy vnder a Proconsul or Propraetour in a Province: secondly, that it signified such a one as is imploi∣ed in the delivery of a message or embassage from one Prince or State to another: we commonly call them Em∣bassadors. z 1.459 Lastly it signified a Lieuetenant or chiefe cap∣taine 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 treasurersa 1.460 were chosen by the Romane people commonly, namely such a number as the number of Pro∣vinces did require. After the election they between them∣selues did cast lots who should go vnto the one, who vnto the other Provinces:b 1.461 sometimes extraordinarily by ver∣tue 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 Prae∣tours were called Proconsules & Propraetores.c 1.462 For these only were called Proquaestores, which did succeede these Provinciall Quaestors, when they did either die in their of∣fice or depart out of the Province, no successor being ex∣pected from Rome: at which times it was lawfull for the Proconsul or Propraetor to choose his Proquaestor. Moreo∣ver there were beside these Legati & Quaestoresd 1.463 other mi∣litary officers; such as are the Tribuni militum, Centuriones, Praefecti, Decuriones, togither with other inferiour officers, as their Secretaries, Baylieffes, Cryers, Serjants, and such like.

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 diffe∣rences betweene Ius and Lex principally these. First Lex signifieth only the law, but a 1.464 Ius signifieth also that place, wheresoever the law or iustice was administred; not only if it were ad∣ministred 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 Ma∣gistrate, 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 thatb 1.465 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 Ro∣mane kings, and afterward collected & digested into a me∣thod by Papirius,c 1.466 from whom it was called Ius Papirianū:

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 on¦ly 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 con∣cerne the common wealth.

CHAP. 2.

De Iure publico & privato.

THe Cases to be decided by the law were either pub∣like or private; & accordingly were the iudgemēts, d 1.467 Velprivata, in quibus ius suum privatus quis{que} perse∣quebatur: 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 Iusti∣ces, who did either giue iudgement themselues, and then were they said Iudicare; or they did appoint others to sit in iudgement, ande 1.468 then were they said Iudicium dare: Yea in their absence there were ten called Decemviri Stlitibus iudicandis .i.f 1.469 Super lites iudicandas, who in the same man∣ner, as the Praetor, might either giue iudgement thēselues, or appoint others; for they were even ing 1.470 one place and in steed of Praetors. Those which either the Praetor or the De∣cemviri did appoint to debate the cases vnder them, were taken out of the Centumviri .i.h 1.471 out of certaine Commissi∣oners 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

i 1.472 Court called either Praetoria Decemviralis, or Centumvi∣ralis hasta. In some cases their forme of acquittance was thus,k 1.473 secundum illum litem do; whencel 1.474 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 Ca∣ses belonged ordinarily (except the Consuls, the Senate, or the people did interpose their authoritie) vnto those whō we called Praetores Quaesitores. Some hauem 1.475 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 theirn 1.476 severall Praetors to enquire them; whence they were called Quaesitores, & may in my opinion be called Iudices Quaestionū, especially see∣ing that those which would haue them bee different offi∣cers, 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 cho∣sen o 1.477 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,p 1.478 according as the law appointed, which oftē times varied in those points. The Iudges how great soever the number was,q 1.479 were cal∣led Iudices selecti, and were divided into severall compa∣nies 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

maketh mention thereof. For the proofe of the lawes I re∣ferre the Reader to Rosinus and Sigonius: touching the ex∣positions 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,* 1.480 that it should be vnlawfull for any to consecrate either houses, grounds, altars, or any other things Iniussu plebis .i. with∣out the determination of the Roman people in their assem∣blies called Comitia Tributa, which determination was al∣waies tearmed Plebiscitum.

Roscia Lex.

L. Roscius Otho Trib. Pleb. preferred a law,* 1.481 that whereas heretofore the Romane Gentlemen did stand promiscuous∣ly with the Commons at their theatrall shewes, now there should bee fourteene benches or seats built for those Ro∣mane 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 im∣posed 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 charac∣ter H-S is by our Printers false printed, the true character r 1.482 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 Ro∣mane coyne called AS, then is this opinion touching the character LL-S easie to be confirmed. For divers authors s 1.483 rendring a reason of the name Sestertius, say it was so cal∣led

quasi Semitertius .i. such a coyne as conteineth Duos so∣lidos asses & semissem. This Sestertius, was such a common coyne among the Romanes,t 1.484 that Nummus and Sestertius became at length one to be vsed for the other.u 1.485 Mille hu∣iusmodi ses••ertij vel nummi faciunt vnum sestertium in neu∣tro genere, & conficiunt plus minus viginti quin{que} coronas. According to which rate quadringenta sestertia amount∣eth to 3000^l: 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,* 1.486 by vertue wher∣of 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 Priest∣hood, 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,* 1.487 that the Colleges of priests should not as they were wont, ad∣mit 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 Col∣lege.

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,* 1.488 except onely in vproares or civill tumults.x 1.489 And these privileges were tearmed Va∣cationes.

CHAP. 4.

De Civitate, & iure civium Rom.

Porcia lex de civitate.

M. Porcius Trib. Pleb. established a law,* 1.490 that no magi∣strate should beate any Romane citizen with rodds.

Lex Sempronia.

C. Sempronius Gracchus Trib. Pleb. preferred a law,* 1.491 whereby he disabled the magistrate frō punishing any Ro∣mane 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 Ro∣mane 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 condem∣ned causâ indictâ, which was condemned before hee had spoken for himselfe. Althoughy 1.492 Indicere pro non dicere, si∣cut & invidere pro non videre vix reperiatur; tamen indictū & invisum, pro non dicto, et non viso saepè reperiuntur.z 1.493 They were properly said Coire, which did worke vnder hand a∣gainst a man, that he might be condemned; wee may tran∣slate it in this place, to Conspire.a 1.494 The verbe Circumvenio doth commonly signifie as much as Circumscribo, to de∣ceaue or cheat one:b 1.495 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,* 1.496 that almost all the inhabitants of the confederate nations, would forsake their owne dwellings, & vse meanes to be∣come 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: wherevp∣on a law was made by Papius, that all forreiners & strange commers should bee expelled out of the city.* 1.497 To the same effect was Lex Iunia, and also Licinia Mutia de peregrinis:

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,* 1.498 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 free∣man of the city.

Quis Latinus] Here we will obserue withc 1.499 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 La∣tium dicti sunt.

Sylvani & Carbonis lex de Peregrinis.

Silvanus and Carbo being Tribuni Pl: preferred a law,* 1.500 vt qui foederatis civitatibus adscripti essent, si tum, cùm lex ferebatur, in Italia domicilium habuissent, ac sexaginta die∣bus apud praetorem professi essent, cives Romani essent.

Adscripti.] For the right vnderstanding hereof, we must note, that there wered 1.501 two sorts of citizens; some cives na∣ti .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 timese 1.502 Comitiale verbum, and signifieth as much as profite∣ri 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,* 1.503 and also their privilege of having commons in the Romane fields.

Gellia Cornelia lex.

L. Gellius Publicola,* 1.504 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 accoun∣ted free denisons.

CHAP. 5.

De legibus ad comitia spectantibus.

Aelia lex.

Q. Aelius Paetus asked a law in time of his Consulship,* 1.505 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 firma∣ment, 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.f 1.506 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,g 1.507 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,* 1.508 making it vnlawfull to obserue signes & tokens in the hea∣vens, 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 as∣semblies did suffrage Vivâ voce:* 1.509 at which time many of the inferiour sort, gaue their voices contrary to their wils, fea∣ring the displeasure of those that were of higher place. For the better help in this point, Gabinius asked a law, that the

people in all their elections might not suffrage 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 ta∣bellariae.

Cassia lex.

After Gabinius,* 1.510 Cassius also preferred a law, that both the Iudges in their iudgements, and the people in their as∣semblies should suffrage by rendring such tablets:h 1.511 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,* 1.512 that not onely in mulcts and mercements, but also In perduellionis iudicio .i. in taintments of treason against any person of state (name∣ly such as were sacrosancti) or against the common weale, this Tabellary libertie should haue place, when the people should iudge thereof.

In perduellionis iud.]l 1.513 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,k 1.514 Si crimen quode∣rat gravissimum inter crimina, nempe imminutae maiestatis: si poena, quae erat acerbissima, nempe mortis.

Papiria lex.

C. Papirius Carbo Trib. Pl. perswaded,* 1.515 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,* 1.516 that the Associates of Latium should haue as great right of suf∣fraging, as the Romane citizens.

Manilia lex.

C. Manilius Trib. Pl. preferred a law,* 1.517 that all those who were Libertini, in what tribe or Ward soever, should haue the right of suffraging.

CHAP. 6.

De Senatu & Senatoribus.

Claudia lex.

Q. Claudius Trib. Pleb. perswaded a law,* 1.518 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.]l 1.519 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 probabi∣lity is vnderstood of the Italian Amphora.

Tullia lex.

When as a custome had growne, that many of the Sena∣tours having by speciall favour obtained Liberam legatio∣nem,* 1.520 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 prevai∣led; That whereas in former times this Libera legatio be∣ing 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

called Legatio Votiua. The third is the office or title of an Embassadour, granted vpon speciall favour vnto a Sena∣tour, 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 1.521 Toxita.

CHAP. 7.

De Magistratibus.

Cornelia lex.

L. Cornel••us Sylla being Dictator,* 1.522 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 vn∣to their full yeares. A second part of this law was, that the children of such as were proscripti, should bee made vn∣capeable of the Romane magistracies.

Before they came to their full age.] For L. Ʋillius pre∣ferred 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:n 1.523 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.o 1.524 Quoniam eorum nomina in publico scribebantur, hinc proscribi dicebantur.

Hircia lex.

A. Hircius made a law,* 1.525 that all those that followed Pompey, should be made vncapeable of all places of of∣fice.

Cornelia lex.

L. Cornelius Sylla finding the Praetores .i. the L. chiefe Justices not to giue sentence alwaies according to equitie,* 1.526 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

beginning of his office. An additiō vnto this law was, that the L. chiefe Iustice should not be absent out of the citie a∣boue 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,* 1.527 and make op∣position 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 ac∣cused vnto them, and beene condemned by them both.

Valeria lex.

The office of a Dictator at the first institution continued but six months space,* 1.528 vntill L. Valerius Flaccus, being In∣terrex 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,* 1.529 taking away their autho∣ritie 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,* 1.530 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 de∣nying the whole bill might deny some particular clause,

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,* 1.531 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,* 1.532 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,* 1.533 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 Con∣suls, should as it seemed best to them, appoint out what Provinces the Consuls now to be elected; should af∣ter the expiration of their office go vnto; for which provin∣ces afterward the Consuls designed should cast lots. Ano∣ther clause to this law was,* 1.534 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,* 1.535 that whosoever went into a Province cum imperio, tam diu illud

imperium retineret, quoad in vrbem reversus esset: whereas in former times his rule and governement was to be resig∣ned 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 Presi∣dent should depart within thirty daies.

Esse cum imperio.] .i.p 1.536 Exercitui praeesseq 1.537 vel haebere ius ad∣ministrandi, & suis auspicijs gerendi belli.

Titia lex de Provincijs.

Titius, or (asr 1.538 some say) Decius preferred a law, that the Provinciall Treasurers called Quaestores, should cast lots for their Provinces: whence Tully in the oration now quo∣ted inferreth, that although Ostia being the better Province fell vpon Servius Sulpitius, yet in as much as it fell lege Ti∣tia .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 Ro∣mane Provinces:* 1.539 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 iudg∣ment 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 pro∣vided thē on the way, by those townes & villages through which they passed. (Cic. in Pison.) Thirdly, that the Provin∣ciall 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

Treasure-house (Cic. in Pison.) Fourthly that it should nei∣ther be lawfull for the people to bestow, nor for the Pro∣vinciall 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 allow∣ance of the people or the Senate, to depart out of their pro∣vince, to lead forth any army, to wage warre, or to go into any forreigne country. (Cic. in Pison)

Aurum coron.]s 1.540 There was a custome amongst the Ro∣manes in times of victory to present vnto the L. Generall Coronets of gold, insteede whereof the after-ages presen∣ted a certaine summe of mony, which was thence called Aurum coronarium.

Vatinia de Provincijs.

P. Vatinius Trib. Pl. procured a law, that C. Iulius Cae∣sar should haue the government of Gallia Cisalpina, and Ill••ricum for fiue years space, without any decree from the Senate,* 1.541 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 com∣mon Treasure-house towards having an army. Lastly, that he should transplant a Colony vnto a certaine towne of Ci∣salpina Gallia called Novocomum.

Clodia de Provincijs.

P. Clodius being Trib. Pleb. procured a law that the go∣vernement of Syria,* 1.542 Babylon, and Persia should be commit∣ted to Gabinius. The governement of Macedonia, Achaia, Thessalia, Graeci••, and al Boeotia should bee committed vn∣to 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,* 1.543 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

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 de∣creed by this law, that those who lived in exilement at By∣zantium being condemned for some capitall crime, should be brought backe vnto that citie, vnder the name of Ro∣manes.

Praeconi publico subijceretur.] For the better vnderstan∣ding of that phrase, wee are to vnderstand the manner of portsale amongst the Romanes: which wee may read in Si∣gonius 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 sub∣ijci to signifie one and the selfesame thing, namely to be set at sale: andt 1.544 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, asu 1.545 Cic. Id quod à malo auctore e∣missent .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, asx 1.546 Hasta Caesaris, the sale of Caesars goods. Those who bought these goodsy 1.547 Tully doth call Sectores,z 1.548 quia spem lucri sui sectabantur.

CHAP. 10.

De legibus Agrarijs.

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.a 1.549 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 en∣ioy. If it had so hapned that any should enlarge these com∣mon fields, three surveyers called theb 1.550 Triumviri agro di∣vidundo, 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 Cen∣sors, whence an yearely tribute should be paid to the peo∣ple.

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,* 1.551 which grounds Sylla divided amongst his souldiers.

CHAP. 11.

De frumentarijs legibus.

Sempronia lex.

T. Sempronius Gracchus being tribune of the commōs provided,* 1.552 that a certaine quantity of corne shoulde monthly be givē vnto the poorer sort at a low price,

Semisse & triente, that is, about sixe pence farthing a bush∣ell. 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 calledc 1.553 Horrea Sempronia.

Semisse & triente.] It appeareth by the next law, that Se∣missis 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 over∣sight of this dole was committed to Sext. Claudius.* 1.554

Terentia Cassia.

M. Terentius and C. Cassius being Consuls preferred a law,* 1.555 Ʋti alterae decumae à provincijs coemerentur, pretio in singulos modios HS trium constituto. Item vt civitatibus ae∣qualiter imperaretur, pretio in singulos modios HS quatuor constituto.

For the better vnderstanding of this law, wee must note d 1.556 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 fru∣mentum 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.e 1.557 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

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,* 1.558 wherein was set downe the quantitie of corne that the Aratores or country farmers should pay vnto the Publicani .i. those which re∣ceaued 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 man∣ner committed vnto Pompey for three yeares space,* 1.559 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,* 1.560 that the ma∣naging of warre against Mithridates should bee commit∣ted 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 Gabi∣nia

did entitle him governour, as Phrygia, Lyc••onia, Gala∣tia, Cappadocia, Ciliciae, Colchis superior, and Armenia.

CHAP. 13.

De Tutelis.

THis word Tutela doth signifie a wardship, guardian∣ship, or protection of a child in his non age: whereof f 1.561 Camerarius observeth foure sorts, & we may with Pellitarius adde the fift. Either the overseers were appoin∣ted by will; or else the next of the kinne were overseers; or the magistrate did appoint whom he thought fit: and these three sortsg 1.562 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 fifth 1.563 Pellitarius calleth Tutelam honorariam, namely when as the office of admini∣stratiō is cōmitted to others, but yet certaine chiefe over∣seers were appointed to see the will performed, who were called Tutores honorarij.i 1.564 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 salek 1.565 be sold three times by his na∣turall father to another man, who was called by the law∣yers l 1.566 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 a∣lienation 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 E∣mancipati; this forme of setting free was tearmed Emanci∣patio. This F••duciaria tutela then, in my opinion was thus. That when any goods did fall vnto a child thus alienated,

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 man∣ner lost his aliance with his kindred, therefore should the oversight of the child belong vnto the father in trust, tear∣med 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,* 1.567 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 & Gen∣tiles .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 as∣semblies 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 posses∣sions vnder a fained forme of sale, vnto a second party cal∣led Haeres fiduciarius & imaginarius .i. an heire in trust, who

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 Emancipa∣tio. 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 tom 1.568 Sigonius.

Furia lex.

C. Furius Trib. Pleb. made a law,* 1.569 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,* 1.570 Ne qui census esset, virginem, neve mulierem supra quadrantem suorum bo∣norum 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. Asconi∣um 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 n 1.571 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 diceban∣tur Sextans; tres quadrās, quatuor Triens, quin{que} Quincunx, sex Semissis, septem Septunx, octo Bessis, novem Dodrans, de∣cem

Decunx, vndecim Deunx, Totum As, vt dictum est. A∣gaine every Vncia was divided into six parts called Sextu∣lae: Duae sextulae Duellam, tres Semunciam faciunt. So thē ac∣cording to the lawyers (aso 1.572 Alexander obserueth) if there were one heire alone instituted, he was tearmed Haeres in Assem totum institutus; if otherwise there were many co∣heires, 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, whe∣ther it were ex Dodrante, Quadrante, vel Semuncia, or how∣soever, 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,* 1.573 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 byp 1.574 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 condemnedq 1.575 Lege quadrupli .i. to pay foure times as much: whence the informers against such were tearmed Quadru∣platores.

CHAP. 16.

De Iudicibus, & Iudicijs.

Lex accusatoria.

TVlly mētioneth a law tearmed lex accusatoria, which in truth was no lawe,* 1.576 neither was there any author thereof: but there was a such a received custome a∣mongst the Romans, that the accuser should obiect against the party accused, not onely the present crime then questi∣oned, but all other scapes and faults cōmitted long before to the bettering of his matter: that at length this accusato∣ry custome became in manner of a law, and so was called Lex accusatoria. vid. Franc. Syluium in orat. pro Mur.r 1.577 Their custome also was to procure others to ioine with them in their accusations; thoses 1.578 Tully calleth Subscriptores, be∣cause they did subscribe vnto the accusation.

Lex Servilia & Sempronia.

Whereas Sempronius had preferred a law,* 1.579 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 a∣nother law, whereby the administration of iudgement was divided betweene the Senatours and the Gentlemen.

Rupilia lex.

Rupilia lex vetabat diebus triginta sortiri dicam.]* 1.580 Here we must note witht 1.581 Sigonius, that this law was of force on∣lie in the province of Sicilia: also that it is one thing scribe∣re 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,* 1.582 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

hundred out of the Senat, and three hundred out of the Gentry.

Plautia lex.

M. Plautius Sylvanus preferred a law,* 1.583 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,* 1.584 that the Iudges should be chosen out of the Senators, the Gentle∣men, and those Martiall Treasurers or Clearks of the band called Tribuni aerarij.

Pompeia lex.

Cn. Pompeius Magnus being Consul ordained,* 1.585 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 Trea∣surers; also he added that the number of Iudges to examine causes should be seaventy and fiue.

Iulia lex.

C. Iulius Caesar ordained,* 1.586 that the election of Iudges should be out of the Senators and Gentlemen onely, lea∣ving out the Martiall Treasurers; and this Tully calleth legē Iudiciariam Caesaris.

Antonia lex.

M. Antonius tulit legem,* 1.587 vt tertia iudicum decuria è Cen∣turionibus, Antesignanis, Alaudis, Manipularibus fieret.

Iudicum decuriae:] When the L. chiefe Iustice had taken his oath, he chose out some ex certis ordinibus, non ex om∣ni populo .i. out of such degree and place, as the law requi∣red, 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.

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 va∣lour, so were they called Subsignani, as fighting vnder the ensignes. The third part, as they were called Triarij be∣cause 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 Antesigna∣ni, & 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 Sub∣signani, and in respect had to them they had their names. And hence ariseth the second acceptiō of this word, name∣ly 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 Phi∣lip. 1.

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

Cornelia lex.

L. Cornelius Sylla, preferred a law, that the chiefe iudge of the bench called Iudex quaestionis,* 1.588 should referre it vnto the choice of the defendant, whether he would haue iudg¦ment passed on him Clam an Palam .i. (as Sylvius obser∣veth)

either by voices, or by tables.

Memnonia lex.

This law (made by Memnius) provided, that no action should be entred against those,* 1.589 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,* 1.590 a certaine letter should bee burnt in his forehead in token of infamy. This law is some∣times called Lex Rhemnia. Here we may withu 1.591 Fr. Sylvius obserue the difference of these three phrases, Calumniari, Praevaricari, and Tergiversari. He which doth in his accu∣sation forge faults never committed, is said Calumniari. He which vndertaketh ones suit, and either will not vrge rea∣sons 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 accusa∣tion, and let his suit fal, is said Tergiversari.

Lex incerta de Nexu.

In ijs rebus quae mancipi sunt,* 1.592 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 sel∣ler thereof must secure him, and saue him harmelesse.

Mancipi sunt.]x 1.593 Those things were tearmed res Manci∣pi, 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 ex∣ample sake, if it were a bondslaue to be sold) Hunc ego ho∣minem 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: y 1.594 sometimes it is called Per aes & libram venditio, because of

the ceremonies vsed in it.z 1.595 Now it is commonly called Mancipatio,a 1.596 à manus capione, from taking that which is sold into ones hands or possession: whence the word Man∣cipatus, 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;b 1.597 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, becausec 1.598 in olde time they did not bar∣gaine by paying coined mony, which was called Aes sig∣natum, 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 Quae∣sitores should sit in iudgement vpon those,* 1.599 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,* 1.600 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 v∣sed in canvasses for offices.

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,* 1.601 and C. Calpurnius Piso, being Con∣suls, 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,* 1.602 that if such as did either salute or attend vpon those that stood for offices, were hi∣red 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,* 1.603 should suffer ten yeares exilement. And the commonaltie offending in that point, should bee punished with an hea∣vier 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 appea∣rance, 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 impe∣diatur,

iudicij dies diffisus esto] .i. If either Iudge, Plaintiffe, or Defendant were sick, they should diffindere diem. .i.d 1.604 pro∣ferre & in aliud tempus reijcere, proroge the time of iudge∣ment. And vnlesse some might thinke, that by morbus sonti∣cus 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,* 1.605 perswaded vt in So∣dalitijs Iudices ab accusatore ex tribubus ederentur.

Sodalitia.] In the later times the Romanes in their can∣vasses 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 peo∣ple 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 ei∣ther they were Lecti sortitione, of which more may be seen in one of the lawes following; or Editione, by nomina∣tion 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 Ro∣mane citizens for the administration of iustice, or the exe∣cution

of any publike dutie: & this kind of bribe they tear∣med Pecunias Repetundas, pecuniam ablatam, captam, coac∣tam, conciliatam, aversam (Cic. in Ʋerrinis) But as it see∣meth very probable, these lawes against briberie were first occasioned, for the ease and reliefe of the Romane Provin∣ces and Allies, called in Latine Socij, who were much abu∣sed 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, exili∣um etiam damnato esset irrogatum.

Litis aestimationem.] Here we wil consider the difference of these three phrases, Litis contestatio, Litis redemptio, and Litis aestimatio.e 1.606 The first signifieth the producing of wit∣nesses, 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 ha∣bere .i. stand to the verdict or sentence in the court. The se∣cond phrase signifieth a composition or an argument a∣greed vpon by both sides betweene themselues:f 1.607 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 cal∣led in question, together with the cost and damages in law vnto his adversarie.g 1.608 Litem aestimare est pecuniam, de qua lis fuit, & propter quam condemnatus est reus, in summam re∣digere, quae de bonis eius redigatur.h 1.609 And Aestimare litem est, quod vulgò dicitur, Taxare litis expensas.

Acilia lex.

M. Acilius Glabrio made a law, that such as were accu∣sed of briberie, Ne{que} ampliari, ne{que} comperendinari possent .i. they must out of hand receaue iudgement.

For the right vnderstanding of these two words [Am∣pliari & Comperendinari] we must consider the ancient cu∣stomes 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 de∣fendants 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 Prae∣tour, 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 lettersi 1.610 Probus expoun∣deth thus. In diem tertium, siue perendinum. So that thē pro∣perly, 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 deiu∣rare, 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 itk 1.611 called vnum pro omnibus.l 1.612 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

selfe in the court. Vpon the third day the Praetor also with the whole bench of Iudges did meete, and the Iudex Quae∣stionis (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 a∣gainst 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 Ab∣solution: whence Tully calleth it literam salutarem: The o∣ther having this letter C written in it, betokening Condem∣natiō: 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 iud∣ges 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 ter∣med 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.

Cornelius Sylla being Dictator ordained a law,* 1.613 that the chiefe Iudge called Iudex Quaestionis with the whole bēch of Iudges, should sit vpon life and death on such as had kil∣led 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 se∣cret assemblies, or should giue their consent to the subor∣ning of any man to accuse another falsely, that thereby he being innocent might be oppressed & condēned by pub∣lique 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 prae∣sentibus vindicias sumunto.

Si qui in iure:] Here we must note, that the custome a∣mong 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 wit∣nesses. 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

plaintiffe and Defendant did manum conserere, that is, as m 1.614 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 con∣serere, when they fight hand to hand. [V••rei{que} superstitibus praesentibus] .i. let both parties in the presence of witnesses (son 1.615 Festus expoundeth superstites) [Ʋindicias sumunto] .i. Let them take a turffe of the ground: for soo 1.616 Sigonius ex∣poundeth Vindiciae; though properly (as hee observeth) it signified the possessiō of a thing, rather then the thing pos∣sessed. This turffe being taken vp, was caryed to the Prae∣tor, 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 fin∣ding convenient leasure to review every particular groūd, or house called in question,p 1.617 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 chal∣lenge 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 compa∣ny 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 spo∣ken 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

right owning thereof. The possessiō of any thing was reco∣vered, either by a true & real violence, or by a seeming vio∣lēce. This seeming violence was twofold, either it was ma∣nus cōsertio, which was shewne immediately before; or Mo¦ribus deductio .i. a customary leading the vnlawfull possessor out of the groūd thereby to enter possessiō. Vis simulata al∣tera à lege, altera emanavit à moribus; saithq 1.618 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 Caecin∣nâ. To these Sigonius addeth a third kinde of seeming vi∣olence; 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 de∣fendant 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 plaine∣teiffe 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 tearmedr 1.619 sacramentum; and in this sense, Tully pro Milone, saith, Iniustis vindicijs, & sacra∣mentis 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 so∣lemne forme of words vsed in the first demande, is thus to be seene ins 1.620 Tully, Quando in Iure te conspicio, postulo ann••e sies auctor? If the defendant held his peace, then was he ad∣iudged 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,

sacramento quaerito: Therevpon said the plainteiffe to the defendant, Quando negas, te sacramēto quinquagenario pro∣voco, spondesne te soluturum quinquaginta asses, si auctor sis? To whom the defendant replyed, spondeo quinquaginta as∣ses si auctor sim. Tu verò spondesne idem, ni sim? The plaine∣teiffe answered, Ego quo{que} spondeo. Now in this kinde of sti∣pulation, the plainteiffe was said sponsione & sacramento pro vocare, sacramento rogare, quaerere, & stipulari .i. to chal∣lenge 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 man∣ner. This mony was tearmed sacramentū,t 1.621 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 Eng∣lish custome of putting in bale.

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 con∣sider, 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 of∣fice 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 di∣versity 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 fe∣rientes, 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 be∣longed

longed vnto a certaine order of Romane Priests called Foe∣ciales, 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 handa 1.622 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 pro∣prijs sepulchris solus ego peream, vt hic lapis è manibus deci∣det, 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.b 1.623 Many say that he did cast that stone at an hogge or porker brought thither purposely, adding these words to the former; Si prior popu∣lus 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 beene* 1.624 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 cap∣taine: and whatsoever souldier was discharged of his ser∣vice, as having served out his whole time; hee was called miles emeritus, and byc 1.625 Tully, such an one is said stipendia confecisse.d 1.626 Servius hath observed, that the Romane souldi∣ers were pressed three maner of waies: per Sacramentum, Coniurationem, & Evocationē. Bute 1.627 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 quo∣ted. Ordinarily souldiers at their presse did each severallie

take their oath not to forsake their captaine or country; & this oath was called Sacramentum militare. The wordes thereof are rendred byf 1.628 Polybius thus: Obtemperaturus sum, & facturus, quic quid mandabitur ab imperatoribu••, iux∣ta vires, and those were tearmed milites per sacramentum. Vpon extraordinary occasions, (as when tumults or com∣motions 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 there∣fore 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 isg 1.629 rendred thus, because it did most re∣semble 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 h 1.630 Milites subitarij in respect of their suddaine presse. The third member may also be admitted, if we withi 1.631 Lipsius vn∣derstand it in its true sense, namely for those souldiers who by the L. Generall were added vnto the body of their ar∣my; 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 au∣tors tearmed Milites evocati; and Lipsius deemeth them all one with those whom Servius calleth Milites per evo∣cationem. 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 trum∣pets; & 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 ce∣remony I thinke that that common adage did first arise,

conferre signa & Collatis signis pugnare, to ioine battle. Im∣mediatly 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 ar∣mour, and clash their swords. These foure ceremonies are to be seene more at large ink 1.632 Lipsius. Vnto which wee may adde the fift observed byl 1.633 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 thatm 1.634 Plautus vseth this phrase, Colligatis vasis to signifie as much as para∣tè or expeditè. Now that they might be the readier for bat∣tle, they did gird (as I suppose) their souldiers coates close vnto them: And a souldier thus girt was called Cinctutus .i. (saithn 1.635 Pighius) Cinctu tutus.o 1.636 Inde Discinctos ignavos, & militiae minimè aptos putârunt; Praecinctos verò fortes & stre∣nuos. Hence also is that proverbiall speech In praecinctu sta∣re 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 ta∣ken out of the body of the Romanes:p 1.637 Legio, à deligendo di∣cta est, from the choice and selecting of souldiers.q 1.638 Romu∣lus is said to haue beene the first author of these Legions, making every legion to containe three thousand footmen, and three hundred horsemen,r 1.639 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,s 1.640 whence it was called Qua∣drata legio. And in processe of time a legion encreased vnto

the number of six thousand: which number it seldome or never exceeded (as it appeareth by Sigon. in the place now quoted.) Nowt 1.641 none could bee ordinarily registred for a souldier vntil the seventeenth year of his age,u 1.642 at which his first admission he was tearmed Tyro, a fresh water souldier: and hence figuratiuely Tyrocinium hath not beene transla∣ted only the first entrance into warre, but also the initiati∣on or first entrance into any art or science whatsoever. Af∣ter he had served many yeares, then was he tearmed Vete∣ranus, an old beaten souldier.x 1.643 The Romane legion was di∣vided In pedites & equites, there being commonly for eve∣ry thousand footmen an hundred horsemen. Pedites distri∣buti erant in Cohortes•••• Chortes in Manipulos; Manipuli in Centurias: Equites distributi erant in Turmas; Turmae in De∣curias. The word Cohors doth signifie that part of ground, which is commonly enclosed before the gate of an house, y 1.644 which from the same word we calle a Court: andz 1.645 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 (saitha 1.646 Alexander) that the Romanes in ancient time did very seldome, yea ne∣ver (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 con∣taining 3 maniples, every maniple two Cēturies, every Cē∣tury an hundred souldiers: whence they from Centū were called Centuria, a centurie.b 1.647 These centuries were some∣times divided into lesser numbers called Contubernia; eve∣ry Contubernium containing tenne souldiers besides their captaine,c 1.648 which was called Decanus, and Caput Contuber∣nij. Where we must obserue that Contubernium doth signi∣fie 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 En∣glish

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 Tergidu∣ctores, or Extremi agminis ductores.d 1.649 Their office was to o∣versee 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 se∣verall troopes called Turmae, every Turma containing thir∣tie horsemen. Againe every Turma was subdivided into three lesser companies called Decuriae, every Decuria con∣taining ten horsemen: whence their captaine was called Decurio, and the captaines over the greater troopes, name∣ly over the severall wings of the horsemen, were called E∣quitum praefecti. Now the chiefe governour over the vni∣versall army was called cōmonly Imperator: we in English call him a L. Generall. His Lieutenant or L. deputie was called Legatus,e 1.650 who in old time was sent non tam ad impe∣randum, quàm ad consulendum imperatori. This word Impe∣rator 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. Gene∣rall, who by his prowesse having putf 1.651 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 Le∣gion must of necessitie differ much in estate, age, and expe∣rience, 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

desert and worth of each severall person. We are therefore likewise to vnderstand,g 1.652 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 be∣cause they fought a farre off and were lightly armed; but also because they were commōly exposed to their enimies as forelorne hopes. According toh 1.653 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 Ha∣stati .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 & high∣est 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 toi 1.654 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 rere∣ward, were called Triarij. They were of al, the most appro∣ved, and the very last helpe and refuge; so that if they fai∣led, all was lost: and hence ariseth that forme of speech, Ad Triarios ventum est,k 1.655 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 Tri∣arij was called Primum pilum, and their centurion Primo∣pilus, and Primipilus, and Primus centurio, because he was

the chiefe Centurion in a whole legion, as having the charge of the chiefe banner called the Eagle;l 1.656 whence Aquila is sometimes vsed to signifie Primopilatum, the of∣fice 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 cor∣nu. m 1.657 Pancirollus calleth them Vexillationes, because there fought no more in either wing, then belonged to one ban∣ner called in Latin Vexillum. The governours of these wings he calleth Alarum Praefectos. Sometimes they em∣batled so, that the forefront of the Army being smal, it was enlarged bigger and bigger backwarde in manner of a tri∣angle: Byn 1.658 Lipsius it is demonstrated vnto vs vnder the forme of the greeke letter 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. He in the same place calleth it caput porcinum, quia velut fodit & ruit invadendo. Com∣monly it was called Cuneus militū, the metaphor being bor∣rowed 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 eni∣mies, the piercing angle being thicke compacted with tar∣gets. Sometimes they did in a quite cōtrary maner enlarge their army in the forefront, making it to end in an angle: & o 1.659 this they called Forfex and Forceps militum. Sometimes their forme of embatling was circular, and then was it cal∣led Orbis vel globus militum. The banner or flagge was properly called Ʋexillum, being a diminutiue of Velum. It

was also calledp 1.660 Bandum: whence we do at this day call so many souldiers, as do fight sub eodem bando, a band of soul∣diers: as Romulus called those that fought sub eodē manipu∣lo 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 oppugnatio∣nem requiruntur.

IF the siege of a towne seemed difficult and hard to com∣passe, then did the Romanes vse certaine meanes of poli∣cie 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, where∣by they both kept the towne from any forraigne succour, and withall secured themselues from sallies and other stra∣tagems. 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 advan∣tage. 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 Ex∣aggerate .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 q 1.661 Ceru, because of their forked and sharpe tops; but more properlyr 1.662 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 ofs 1.663 Tully: In∣tervallo locorum, & temporum d••siuncti. Sometimes Vallus

doth signifie a pole or stake, wherevnto vines are tyed; ac∣cording to that received adage, which we vse when a spe∣ciall 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 wherevntot 1.664 A. Gellius tran∣slateth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Vallum dentium. The meanes of their defense, whiles they were making this their rampire, was a certaine engine or ordinance of warreu 1.665 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 Mus∣culus: 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 x 1.666 Lipsius seemeth to inferre, when he rendreth the reason of the name: Musculus ideò dictus, quia instar eius animal∣culi foderent sub eo terram. A third meanes of their defense was Militaris testudo. This word Testudo in the art Milita∣ry had a double acception, both being borrowed from the resemblance of the Tortoise shell, which is the true & ge∣nuine signification of this word. In the first acception Te∣studo, y 1.667 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.z 1.668 In the second acceptiō it signifieth a target-fense, which was a close holding togither of tar∣gets over head like a vault or roofe, wherewith the foote∣men 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 vp∣on wheeles to run to and fro, which they called Turres am∣bulatoriae, moueable turrets. These towers had many sto∣ries one over the other,a 1.669 wherein they carryed ladders & casting bridges thereby to scale the wals. The engines hi∣thervnto haue been defensiue, such wherwith the Romanes

defended themselues in their siege: others there were of∣fensiue, 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 cal∣led Balista 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, from darting or casting forth any thing,b 1.670 so was it in old time called Catapulta 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth a shaft or dart. The forme thereof fol∣loweth trāslated word for word out ofc 1.671 Marcellinus. [Be∣tweene 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 vtter∣most 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 vnder∣standing 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 congluti∣natam: 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 e∣volat.

In respect of its vse we may english it a Crossebowe: but it was much bigger, and of a different forme. The Scor∣pion, which now they call Onager, is described by Mar∣cellinus 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 a* 1.672 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:* 1.673 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 cer∣tain 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.

so that often times they pierce the breasts of those that fol¦low them.] The Latine word is made from the Greeke 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. Asinus & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, rus vel ager. Now if any aske me, why that sa••k cloath of ashes was interposed, the reason is ren∣dered 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 erec∣ted beame recoiling, after it had beene by the stroke dis∣charged, was such, that it would shake in peeces the stron∣gest 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, where∣with they did demolish and batter downe the wals of a ci∣ty. It was hung vnto a beam, which lay a crosse over a cou∣ple 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. capio, & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .i. ci∣vitas. 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 cove∣red over with oxe hides, and greene wicker hurdles: the vp∣per part or convexe sur-face thereof was overlaid with mud, to the end that it might keepe of the fal of fire and ca∣sting of weapons. Now there were fastned in the front of it certaine Cuspides tri••ulcae .i. iron pikes with three edges ve∣ry massy, in maner of the thunderbolts, which painters and poets exhibite vnto vs. This great engine the souldiers ru∣ling 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

nocke whereof was fastned an iron full of cle••ts; which ar∣row like vnto a womans distaffe, on which linnen is spin∣ned, 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 extingui∣shed) 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 co∣ny-berry: insomuch that these two phrases are opposite, Machinis, & Cuniculis oppugnare, as it appeareth by that ofd 1.674 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 compassi∣onate, and (as histories testifie) more exorable then any o∣ther nation. The punishments which we find them to haue vsed toward a conquered nation are these. Either they pu∣nished them by death; or sold them sub coronâ; or dismissed them sub iugum; or merced them in taking away their terri∣tories; or made them tributarie states.e 1.675 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 Coro∣na. When they dismissed any sub iugum,f 1.676 they erected two

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 ter∣ritories were taken from them, they were commonly con∣ferred 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,g 1.677 whom they named Decuriones. Whence wee may obserue, that Decurio is not alwaies taken for a captaine over ten horsemen, but some∣times 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, conditi∣onally, 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 pla∣ces, where the two first sorts of governours did rule, were tearmed Provinciae; the other from the governour was ter∣med 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 De∣putie sent from the Senate: and this is the proper and primi∣••iue signification thereof, it being so called,h 1.678 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 nati∣on by commission from the Senate. Lastly it signifieth any publique function or administration of office, yea any pri∣vate dutie, charge, or taske either vndertaken, or imposed; according to that ofi 1.679 Terence, Provinciam cepisti duram .i. thou hast vndertaken an hard taske. Now the tribute to

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 re∣quired 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 tributek 1.680 properly called Vectigal, wasl 1.681 either impost-mo∣ny, such as was collected in haven townes for the transpor∣tation of marcha••ts wares, and that was called from Por∣tus 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 De∣cumae, and the receauers thereof Decumani; though Decu∣manus when it is an adiectiue signifieth as much as Maxi∣mus, 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 ism 1.682 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 (asn 1.683 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 subdu∣ed, but throught Italy, even in Rome it selfe. Secondly though each collectour of these Tributes was distinguish∣ed by a peculiar name, yet by a generall name they were al calledo 1.684 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

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 ex∣cluded 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.p 1.685 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 ob∣tained this Municipall state, were the Cerites, who for pre∣serving 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 occasi∣oneth that receaued distinction, that there was Municipiū sine suffragio, and Municipium cum suffragio. Other coun∣tries 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 some∣times called So••ij, sometimes Amici, sometimes Latini no∣minis 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 certaineq 1.686 limited space of time, is properly called Pactio; we commonly call it Induciae; and it differed from Foedus:

r 1.687 first, because that Foedus is a perpetuall truce or league; Secondly because it was necessary, that one of those He∣ralds at armes called Foeciales, should by a solemne pro∣clamation 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 de∣licta afficiebantur.

TOuching the punishments that the Romane L. Gene∣ral 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 soul∣diers 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 soul∣dier, when he is with disgrace removed from the army. Se∣condly, Fraudatio stipendij .i. a stopping of their pay: & such souldiers which suffred this kinde of mulct were said to be are diruti,s 1.688 because Aes illud diruebatur in fiscū, non in mi∣litis sacculum. Thirdly, Censio hastaria, whereby the souldi∣er 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 grea∣ter 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 de∣prived 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

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, where∣by malefactors were inioined to take a certaine beame re∣sembling 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 car∣ting 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:t 1.689 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 punish∣ments were these: first Virgis vel Fuste caedi, to be beaten with rods or with staues and cudgils. None were ordinari∣ly 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 cudgil∣led, 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 theu 1.690 knight Mar∣tiall 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 deser∣veth a good cudgelling inx 1.691 Tully his phrase, Fustuar••um meretur. If a Romane souldier had broken his rancke by go∣ing out of order, then Virgis caedebatur .i. hee was scourged with rods. Sometimes the knight Martiall vpon iust occa∣sion would cause them to be sold for bondslaues, to be be∣headed

to be hanged. All these punishments were perso∣nall 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 spo∣ken 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 punish∣ment, is rendred byy 1.692 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. Ge∣nerall: others were by the L. Generall conferred vp∣on his souldiers. Those honours which the L. Generall re∣ceived were three. First Nomen Imperatoris, of which* 1.693 be∣fore. Secondly supplicatio .i. a solemne procession continu∣ed for many daies togither, sometimes more, sometimes fe∣wer: all which daies the Romane people did obserue as ho∣ly 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 ma∣ior, vel minor erat, saith Alexander. The lesser kinde of tri∣umph was properly called Ovatio,z 1.694 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

(called properly Triumphus) the L. Generall sacrificed a bull. It differeth from the greater triumph first in the accla∣mation; for in the lesser triumph the souldiers following did as it were redouble this letter O, and some are of opi∣nion that it was therefore called Ovatio. In the greater tri∣umph the souldiers followed crying Io triumphe, Io trium∣phe: an example whereof may be seene ina 1.695 Horace, where he describeth the triumph of Bacchus, the first autor of this greater triumph; from whoseb 1.696 name also divers autors doe deriue this word Triumphus, he being in greeke called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which by a litle change is made Triumphus. Second∣ly they differed, because in the greater triumph, the L. Ge∣nerall did weare a garment of state, called by some Trabea, c 1.697 by others Triumphalis, Picta vel Aurata vestis: likewise a garland of lawrell, riding in a chariot, the Senators them∣selues with the best of the Romanes meeting him, his soul∣diers 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 imbro∣dering, and a garland of myrtle treed 1.698 commonly going on foote, sometimes permitted to ride on a horse; the gentle∣men 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.e 1.699 Tr••phaeum monumentum dixere nunc marmo∣reum, mod••o aeneum, cum in scriptione & titulis aevo perpetuo duraturis.f 1.700 Dictum est 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 .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,g 1.701 whence it is that Tully calleth Fabianes triumphall arch Fabianum fornicem. If it so happened that the Romane Generall himselfe personally, did take away a∣ny spoiles from the chiefe captaine of the enimies, then did hee hang them vp in a temple consecrated to Iupiter Fere∣trius,

who was so called,h 1.702 because as the Romanes concei∣ted, without the speciall assistance of Iupiter, Dux duce•••• fer••e non poterat: these spoiles had the name of Opima spo∣lia .i. Royall spoiles. The rewards bestowed vpon the soul∣diers 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;i 1.703 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 bet∣ter encouraging of the souldiers, haue found out more ho∣nourable rewards, of whichk 1.704 these were the chiefest; Ar∣milla .i. bracelet for the hand-wrest; Torquis, a chaine to weare about their necke; Phalerae, horsetrappings; Hasta∣pura .i. a speare having no iron at the end of it; (l 1.705 it is some∣times 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 ob∣sidionalis, which was given by the souldiers vnto their Ge∣nerall, 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, asm 1.706 Pliny obserueth, they did Terrâ & ipsa al∣trice 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.n 1.707 This is the reason of that Adage, Herbam da∣re

.i. to yeeld the victory. Thirdly Corona civica, which was bestowed only vpon him, which had saved a citizens life, o 1.708 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:p 1.709 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 ma∣ny ship-beakes called in latine Rostra,q 1.710 whence the crown it selfe was often called Corona Rostrata.

FINIS.

Notes

• a 1.1

  Plutar. vit. Rom Pighius
• b 1.2

  Rosin an∣tiq. lib. 1. c. 2.
• c 1.3

  Sig de iur. Rom. l. 1. c. 2.
• d 1.4

  Rosin. an∣tiq. lib 1. c. 4.
• e 1.5

  Rosin. ib.
• f 1.6

  Alex. Gen. dier. l. 3. c. 20.
• g 1.7

  Rosin. an∣tiq. li. 1. c. 5.
• h 1.8

  Plutarch. in Romulo.
• i 1.9

  Dion. Hali∣car. lib. 4.
• k 1.10

  Lipsius de magnitud. Rom. cap. 5.
• l 1.11

  Antiq. Rom. lib. 1. cap. 6.
• m 1.12

  Alex. Gen. dier. l. 6. c. 11.
• n 1.13

  Alex. Gen. dier. l. 1. c. 16.
• o 1.14

  Rosin. an∣tiq. lib. 7 c. 6.
• p 1.15

  Rosin. Ibid.
• q 1.16

  Munster in sua Cosmog. lib. 2. cap. 9.
• r 1.17

  Alex. Gen. dier. l. 6. c. 11.
• s 1.18

  Rosin. An∣tiq l 1. cap. 8.
• t 1.19

  Alex. Gen. dier. li. 6. c. 11.
• u 1.20

  Alex. Gen. dier lib 3. c. 5.
• x 1.21

  Plutarch. in Romulo.
• y 1.22

  Rosin. Ant. lib. 1. cap. 11.
• z 1.23

  Barthol. La∣tomus in ver∣rin. 7^•m Cic.
• a 1.24

  Munster in sua cosmog. lib. 2. cap. 8.
• b 1.25

  Hubertus in Cic. lib. 3. ep. fam. 6.
• c 1.26

  Rosin an∣tiq. lib. 9. c. 7.
• d 1.27

  Henr. Salm in Pancirolli lib. rerum de∣perdit. cap. de Basil. & taber▪
• e 1.28

  Sigon. de iudiciis lib. 1. cap. 28.
• f 1.29

  Sig. de iud. lib. 1. cap. 7.
• g 1.30

  Sig. de iud lib. 1. cap. 28.
• h 1.31

  Hubert. in Cic. lib. 8. ep. fam. 1.
• i 1.32

  Sueton. in Iulio Caesare
• k 1.33

  Plutarch. in Publicola.
• l 1.34

  Alex. Gen. dier. l. 4. c. 15.
• m 1.35

  Alex. Gen. dier. lib. 2. c. 2.
• n 1.36

  Alex. Gen. dier. l. 4. c. 15.
• o 1.37

  Alex. Gen. dier. lib. 2. c. 2.
• p 1.38

  Servius l. 2. Virg. Georg.
• q 1.39

  Alex. Gen. dier. lib 2. c. 2.
• r 1.40

  Plutarch in suis proble∣mat. vid. Franc. Sylviū in Catilinari∣am 4.
• s 1.41

  Munster. in sua Cosmog.
• t 1.42

  Plutarch. in Numa.
• u 1.43

  Rosin. an∣tiq. lib. 6. c. 11▪
• x 1.44

  Serv. in Bu∣col. eclog. 1.
• y 1.45

  Ioan. Sax∣onius in orat pro S. Roscio.
• z 1.46

  Rosin. an∣tiq. lib. 5. c. 4.
• a 1.47

  Ioach. Ca∣merarius in orat. pro L. Flacco.
• b 1.48

  Servius lib. 2. Virg. Geor.
• c 1.49

  Alex. Gen. dier. l. 5. c. 16.
• d 1.50

  Serv. lib. 3. Virg. Georg.
• e 1.51

  Servius i••.
• f 1.52

  De Amphi∣theat. cap. 14.
• g 1.53

  Pancirollus lib rerum de∣perditarum cap. de am∣phitheat.
• h 1.54

  Lipsius de Amphitheat. cap. 3.
• i 1.55

  Rosin an∣tiq▪ lib. 2. c. 2.
• k 1.56

  Fr. Sylvius in orat. pro Muraen.
• l 1.57

  Rosin. an∣tiq. li. 2. ca. 2.
• m 1.58

  Rosin. ib.
• n 1.59

  Barthol. La∣tomus in Phi∣lippic. 4••••.
• o 1.60

  Cic. pro Milone.
• p 1.61

  Franc. Syl∣vius in orat. pro L. Muraen
• q 1.62

  Alex. Gen. dier. l. 5. c. 26.
• r 1.63

  Virg. Aen. 12.
• s 1.64

  Serv. in Bu∣colic. eclog. 5.
• a 1.65

  Sig. de iur. Rom. l. 1. c. 1.
• b 1.66

  Sigon. de jure Rom. lib. 1. cap. 3.
• c 1.67

  Lazius de Repub. Rom. lib. 12. cap. 3.
• d 1.68

  Martin. Ph•• leticus in Cic. lib 1 Ep. fam. 1.
• e 1.69

  Alex. Gen. dier. l. 2. c. 29.
• f 1.70

  Rosin. Ant. lib. 1 cap. 17.
• g 1.71

  Lipsius de magnitud. Rom. l. 1. dial. 5.
• h 1.72

  Alexan Ge∣nial. dier. li 2. cap. 29.
• i 1.73

  Suet. in Au∣gust.
• k 1.74

  Plin. lib. 33. cap. 2.
• l 1.75

  Sig•• de iur. Rom. l. 2 c. 20▪
• m 1.76

  Alexan. Ge∣nial. dier. lib. 5. cap. 24.
• n 1.77

  Barthol. Latomus in Verrin. 7.
• o 1.78

  Cic pro Sextio.
• p 1.79

  Geor. Me∣rula in orat. pro. Ligario.
• q 1.80

  Iustin. inst. lib 1. tit. de Ingenuis. vid. Franc. Sylviū in Catilinari∣am. 4.
• r 1.81

  P. Ramus i•• orat pro C. Ra••••••••.
• s 1.82

  Dion Hali∣carn. lib 4.
• t 1.83

  Sigon. de iudiciis l. 1. cap. 31.
• u 1.84

  Michael Toxita in o∣rat. pro P. Quintio.
• x 1.85

  Fr. Silvius in epist. vir o∣rum illust. l. 1. epist. 6.
• a 1.86

  Alex. Geni∣al. dier. lib. 6. cap. 6.
• b 1.87

  Servius. in lib. Georgic.
• c 1.88

  In Aeneid. lib. 5.
• d 1.89

  Rosin an∣tiq. l. 3. c. 18.
• e 1.90

  Serv. in Ae•• lib. 3.
• f 1.91

  Rosin. an∣tiq. lib. 2. c. 19.
• g 1.92

  Sylvius in epist. virotū illuctrium.
• h 1.93

  Alex. Gen. dier. l. 6. c. 4.
• i 1.94

  Plutarch. in Bruto.
• k 1.95

  Rosin. An∣tiq l. 2. ca. 14▪
• l 1.96

  Vid. Erasm. Adag.
• m 1.97

  Franc. Syl∣vius in orat. pro Sext. Ro∣scio Amer.
• a 1.98

  Servius in Virg. Ecl. 2.
• b 1.99

  Fenestella d••••••cerd. c. 1.
• c 1.100

  Fenest. 〈◊〉〈◊〉.
• d 1.101

  Pomponius L••tus de Sa∣cerdot. cap de Luper.
• e 1.102

  Plutarch. in Romulo.
• f 1.103

  Plutarch. in Romulo.
• g 1.104

  Rosin. an∣tiq. lib. 3. c. 2.
• h 1.105

  Sueton. in August.
• i 1.106

  Cic lib. 3. de nat deor.
• k 1.107

  Rosin. an∣tiq. li. 2. c. 11.
• l 1.108

  Plautus in Aulularia.
• m 1.109

  Serv. Aen. lib. 8.
• n 1.110

  Serv. 〈◊〉〈◊〉 lib. 8.
• o 1.111

  Fenest. de Sacerd. c. 3.
• p 1.112

  Plin lib. 17 cap 2.
• q 1.113

  Dion Hali∣car. lib. 2.
• r 1.114

  Dion. Hali∣car. lib. 2.
• s 1.115

  Bened. Pe∣••er lib 2 de Magia.
• t 1.116

  Fr. Sylvius in orat. pro Cluentio.
• u 1.117

  Pomp. Lae∣tus cap. de Augur.
• x 1.118

  Rosin. A••••. lib. 3. cap. 8.
• y 1.119

  Rosin. ib.
• z 1.120

  Rosin ib.
• a 1.121

  Alex. Gen. dier. l. 5. c. 19.
• b 1.122

  Alex. ib.
• c 1.123

  Pomp. Lae∣tus. c. de Aug.
• d 1.124

  Serv. Aenei. lib. 6.
• e 1.125

  Vox subitò audita est, ne{que} erat cognoscere promptū Vnde, sed audita est. Ovid. Met. lib. 3. ••ab. 1.
• f 1.126

  Serv. Aene••. lib. 2.
• g 1.127

  Cic. de di∣vina. lib. 1.
• h 1.128

  Hubert. in lib. 6. Ep fam. Cic.
• i 1.129

  Alex. Gen. dier. l. 1. c. 29.
• k 1.130

  Alex. ib.
• l 1.131

  Senec O••d. Act. 2. seen. 2.
• m 1.132

  Oedip. Act. 2. scen. 2.
• n 1.133

  Cie. de di∣vinat. Indigenae dixē∣re Tagem, qui primus Hetrus∣cam edocuit gētem, casus ape∣••ire futuros. O∣vid Met. l. vlt.
• o 1.134

  Rosin. an∣tiq. lib. 3. c. 15
• p 1.135

  Rex Anius, rex idem homi∣num Phoebi{que} sa cerdos, Virgil. Aeneid. lib. 3.
• q 1.136

  Alex. Gen. dier. l. 6. c. 12.
• r 1.137

  Servius Aen. lib. 1.
• s 1.138

  Fenest de sacerd. cap. 5.
• t 1.139

  Alex. Gen. dier. l. 6. c. 12.
• u 1.140

  Serv. Aeneid. 10.
• x 1.141

  Rosin. an∣tiq. lib. ••. c. 10▪
• y 1.142

  Rosin. Ibid.
• z 1.143

  Plutarch. in Numa.
• a 1.144

  Dion. Hali∣carn. lib. 2.
• b 1.145

  Plutarch. in Numa.
• c 1.146

  Dion. Hali∣car. lib. 2.
• d 1.147

  Horat. lib. 1 Ode 37.
• e 1.148

  Pomp. Lae∣tus de sacerd.
• f 1.149

  Dion. Hali∣car. lib. 2.
• g 1.150

  Serv. Aenci. lib. 10.
• h 1.151

  Vid. Erasm. adag.
• i 1.152

  Pighius Septim. lib. 1.
• k 1.153

  Munster in sua cosmog. lib. 2.
• l 1.154

  Fenestel. de sacerd. c. 13.
• m 1.155

  Serv. Aenei. lib. 6.
• n 1.156

  Munster. in sua Cosmog. lib. 2.
• * 1.157

  Credite me vo∣bis folium reci∣tare Sibyllae.
• o 1.158

  Epist. lib. 1. epist. 1.
• p 1.159

  Serv. Aen••i. lib. 6.
• q 1.160

  Cic. orat. de Arusp. respō∣sis.
• r 1.161

  Alex. Gen. dier. l. 6. c. 8.
• s 1.162

  Pomp. Lae∣••us de sacerd.
• t 1.163

  Cybelêius A∣tys Exuit hac hominem trun∣co{que} induruit illo. Ov. Me••.
• u 1.164

  Rosin. an∣tiq. li. 3. c. 27.
• x 1.165

  Plutarch. in Numa.
• y 1.166

  Fenest de sacerd.
• z 1.167

  Rosin. an∣tiq. lib. 3. c. 22.
• a 1.168

  Lazius de Repub. Rom. lib. 3. cap.
• b 1.169

  Panciroll•••• lib rerum de∣perdi arum cap. de mole Hadriani.
• c 1.170

  Plutarch. in Numa.
• d 1.171

  Suet in Iu∣lio.
• * 1.172

  Vid. s••p. p. 11.
• e 1.173

  Munst. in sua co••••og. lib. 2. c▪ 9.
• f 1.174

  Vid. Eras••. Adag.
• g 1.175

  Plutarch. Numa.
• h 1.176

  Serv. Ae••e••. lib. 1.
• i 1.177

  P••ncirol li. re••••um deper d••t. c de sale Ammoniaco.
• k 1.178

  Textor in sua officina. Sparg•• 〈◊〉〈◊〉 col∣la taurorum molâ Sen Oe∣dip. Act. 2. ••c. 2
• l 1.179

  Pancitol. li. ••erum deper dit cap de Ammoniaco ••ale.
• m 1.180

  Media inter cornua ••undit. Virg. Aeneid.
• n 1.181

  Rosin. an∣tiq. lib. 3. c. 33.
• o 1.182

  Ioach. Ca∣merar. pro Flacco.
• a 1.183

  Plutarch. in Numa.
• b 1.184

  Plutarch. ib
• c 1.185

  Vid. Geor. Merulam in orat. pro Q. Ligario.
• d 1.186

  G Merula in orat. pro Q. Ligario.
• e 1.187

  G. Merula in orat. pro Q Ligar.
• f 1.188

  Rosin. Ant Rom. lib. 4.
• * 1.189

  Hubert lib. 3 epist. famil. 18.
• g 1.190

  Alex. Gen. lib. 1. cap. 12.
• h 1.191

  Vid. Erasm Adag. vnione signare.
• i 1.192

  Ascensius in epist. 3. illust. vir. lib. 2.
• k 1.193

  Rosin. an∣tiq. lib. 4. c. 3.
• l 1.194

  Alex. Gen. dier. lib. 5. c. 7.
• m 1.195

  Alex. Gen. dier. lib. 5. c. 7.
• n 1.196

  Serv. Aenei. lib. 1.
• o 1.197

  Carminun. lib 2. Ode. 13▪
• p 1.198

  Ioach. Ca∣merar. pro Flacco.
• q 1.199

  Bersman. in suis annot. in Rom Calend ad finem O•• Fast.
• r 1.200

  Alex. Gen. dier. lib. 6. c. 19.
• s 1.201

  Rosin. Ant lib. 5. cap. 5.
• t 1.202

  Vid. Erasm. adag. operam & oleum pe••∣dere.
• u 1.203

  Macrob. lib Satur.
• * 1.204

  Vid. pag. 14.
• x 1.205

  Lazius de Repub. Rom. lib. 10. cap. 11.
• y 1.206

  Alex. Gen. dier. l. 6. c. 19.
• z 1.207

  Alex. ib
• a 1.208

  Antesignan in suis obser. de metris co∣micis. Teren. praefixis.
• b 1.209

  Vid Erasm. adag. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• c 1.210

  Vid. Erasm. Adag.
• d 1.211

  Rosin. ant. cap. de trag. & com. lib. 5.
• e 1.212

  Alex. Gen. dier. l. 5. c. 16.
• f 1.213

  Antesig. in suis observ. de metris co∣micis Teren. praefixis.
• g 1.214

  Antesig. ib.
• h 1.215

  Ascensius epist. viror. illust. lib. 5.
• i 1.216

  Saturn. ser∣mon. l. 2. c. 19.
• k 1.217

  Fr. Sylvius in orat. pro Sex. Roscio.
• l 1.218

  Fr. Sylv. ib.
• m 1.219

  Arist. prob. 7. Plut. symp. 8 q 4. A. Gell. lib. 3. cap. 6.
• n 1.220

  Eras. Adag. Rudem accip.
• o 1.221

  Suet in Iu∣lio. Caes. c. 39.
• p 1.222

  Rosin. Ant. lib. 5. cap. 29.
• q 1.223

  Rosin. An∣tiq. l. 5. cap. 27▪
• r 1.224

  Plutarch. in symp. l. 8. q 6.
• s 1.225

  Plutarch. in symp. l. 8. q. 6.
• t 1.226

  Iust. Lips▪ ep cent. 1. ep 65.
• u 1.227

  Plutarch. in symp. ib.
• x 1.228

  Laevinus Torrent. in Suet. Vitell. vid. Rosin. an∣tiq. l. 5. c. 27.
• y 1.229

  In orat. pro M. Coelio.
• z 1.230

  Lazius de Repub. Rom. lib. 3 cap. 3.
• a 1.231

  Iust. Lips. cent. 1. ep. 65.
• b 1.232

  Iust. Lip. ib.
• c 1.233

  A. Gel. 〈◊〉〈◊〉 Attic lib. 13.
• d 1.234

  Alex. Gen. dier. l. 5. c. 21.
• e 1.235

  Pancirol. li re••um deper∣dit cap. de cibi capiendi modo.
• f 1.236

  Sigon. de iudic. lib. 3. cap. 19.
• g 1.237

  Mic. Toxita in orat. Phi∣lippic. 2^am.
• h 1.238

  Mic. Toxita ib.
• i 1.239

  Rosin. ant. Rom.
• k 1.240

  Sig. de iud. lib. 3. cap. 19.
• l 1.241

  Sig. ibid.
• m 1.242

  Sig. ibid.
• n 1.243

  Serv. Aenci. lib. 7.
• o 1.244

  Alex. Gen. dier. l. 1. c. 14.
• p 1.245

  Sig de iud. lib. 3. cap. 19.
• q 1.246

  Rosin. an∣tiq. lib. 5. c. 32▪
• r 1.247

  Rosin. an∣tiq. Rom. lib. 5. c. 32.
• s 1.248

  Aldus Ma∣nutius. vid. Rosin. ib.
• t 1.249

  Cic. in orat. pro Caelio.
• u 1.250

  Sig de iud. lib. 3. cap. 19.
• x 1.251

  Sigon. ib.
• y 1.252

  Sigon. ib.
• z 1.253

  Sig. de iud. lib. 3. cap. 19.
• a 1.254

  Fenestella de mag. Rom. cap 3.
• b 1.255

  Pet. Pellita∣rius in orat. pro A. Cae••in
• c 1.256

  Alex. Gen. dier. l. 5. c. 18.
• d 1.257

  Sig. de iud. lib. 3. c. 29.
• e 1.258

  Sigon. ib.
• f 1.259

  Rosin. an∣tiq. li. 5. c. 31.
• g 1.260

  Sig. de iud lib. 3. c. 19.
• h 1.261

  Serv Aenei. lib 7.
• i 1.262

  Alex. Gen. dier. li. 5. c. 18.
• k 1.263

  Sig. de iud. lib. 3. cap. 20.
• l 1.264

  Salmuth in Pancirol. lib. rerum deper∣dit. cap. de fi∣bula.
• m 1.265

  Ro•••••• Ant lib. 5. 〈◊〉〈◊〉. 35
• n 1.266

  〈…〉〈…〉 lib. 3. cap. 19.
• o 1.267

  Sigon. ibid.
• p 1.268

  Sigon. ibid.
• q 1.269

  Caelius in orat pro Mi∣lone.
• r 1.270

  Rosin. an∣tiq Rom. lib. 5. c. 36.
• s 1.271

  Salmuth. in Pancirol. lib. rerum. deper∣dit. cap. de fi∣bula.
• t 1.272

  Appositam nigrae lunam subtexit alutae. Iuvenal.
• u 1.273

  Salmuth. in Pancirol. lib. rerum deper∣dit. cap. 〈◊〉〈◊〉 fi∣bula.
• x 1.274

  Salmuth in Pancirol. lib. rerum deper∣dit. c. de fibu∣la.
• * 1.275

  Vid. pag. 37.
• y 1.276

  Salmuth in Panciroll. lib. rerum de∣perdi••arum c. de nupti••s.
• z 1.277

  Alex. Gen. lib. 2.
• a 1.278

  Aul. Gell.
• b 1.279

  Rosin. an∣tiq. lib. 5. c. 37
• c 1.280

  Sig. de iur. Rom. l. 1. c. 9.
• d 1.281

  Salmuth in Pancirol. lib. rerum deper∣dit. cap. de nuptiis.
• e 1.282

  Fr. Silv. in orat. pro L. Flacco.
• f 1.283

  Sig. de iure Rom. l. 1. c. 9.
• g 1.284

  Cic. orat. pro Muraena.
• h 1.285

  Sig. de jure Rom lib. 1 c. 9.
• i 1.286

  Cic. orat. pro Muraena. Itē. Fr. Sil. ib.
• k 1.287

  Hieron. Fe∣rarius in Phi∣lippic. corat.
• l 1.288

  Serv. Aenei. lib. 4.
• m 1.289

  Plutarch. vita Pompeii
• n 1.290

  Alex. Gen. dier. l. 2. c. 5.
• o 1.291

  Vid. Fr. Silv pro Clientio.
• p 1.292

  Sig. de iure Rom. l. 1. c. 9.
• q 1.293

  Rosin. An∣tiq. l. 5. cap. 38.
• r 1.294

  Ep. fam. l. 5.
• s 1.295

  Virg Aen. 4.
• t 1.296

  Alex. Gen. dier. lib. 3. c. 7.
• u 1.297

  Lucanus.
• x 1.298

  Alex. Gen. dier. l. 5. c. 26.
• y 1.299

  Rosin. Ant. ib. 5.
• z 1.300

  Alex. Gen. dier. lib. 3.
• a 1.301

  Suet. C. Iuli∣us Caesar. c. 6.
• b 1.302

  Salmuth in Pancir. lib. re∣rū deperd. ca. de exequijs.
• c 1.303

  Servius Ae∣neid 5.
• * 1.304

  Sup. pag 30.
• d 1.305

  Alex. Gen. dier. l. 3.
• c 1.306

  Servius.
• f 1.307

  Rosin. an∣tiq lib. 5.
• g 1.308

  Servius in Aeneid lib. 1.
• h 1.309

  Hub. in Cic. ep. fam. lib. 4.
• i 1.310

  Hier. Ferra∣rius in Cic. orat. Philip.
• k 1.311

  Servius in Aeneid. lib. 5.
• l 1.312

  Antesig in Tere. Adelph. Act. 4.
• m 1.313

  Alex. Gen. dier. lib. 3. c. 7.
• a 1.314

  Ioan. Tifli∣nus in orat. pro coelio.
• b 1.315

  Sigon. de iure Rom. li. ••. cap. 17.
• * 1.316

  Pars putat vt ferrent iuvenet suffragia soli•• Pontibus infir∣mos praecipitas∣se senes. Ovid. Fast.
• * 1.317

  Pag. 13.
• c 1.318

  Sigon. de iure Rom. lib. 1. cap. 17.
• d 1.319

  Philip. Be∣roaldus in o∣rat. Phil. 11.
• * 1.320

  Vid. pag. 13.
• c 1.321

  Plin. l. 33. cap 2.
• f 1.322

  P. Pellitar. in orat. pro A. Coecinna.
• g 1.323

  Alex. Gen. dier. l. 1. c. 1.
• h 1.324

  Fr. Sylvius pro 〈◊〉〈◊〉
• i 1.325

  Fr. Sylv. in orat. Catilin. 2^am.
• k 1.326

  Fr. Sylv. in orat. Catilin. 3.
• l 1.327

  P. P••llitar. in orat. pro A. Coecinna.
• m 1.328

  Vid. Erasm. Adag.
• n 1.329

  Cic. orat. contra Catil.
• o 1.330

  Cic. orat. pro Muren.
• p 1.331

  Mic. Toxita in orat. Phi∣lippic. 2.
• q 1.332

  Rosin. an∣tiq. lib. 6. c. 7
• r 1.333

  〈…〉〈…〉
• s 1.334

  〈…〉〈…〉
• t 1.335

  〈…〉〈…〉
• u 1.336

  Stadius in Flor. l. 3. c. 7.
• x 1.337

  Cic. orat. Philip. 2.
• y 1.338

  Fr. Maturā∣tius in Phil. 1.
• z 1.339

  Corn. Tacit annal. l. 11.
• a 1.340

  Fr. Matur. in Philip. 12.
• b 1.341

  Sig. de jure prou. lib. 3. c. 1.
• c 1.342

  Sig. de Rom lib. 1. cap. 4.
• d 1.343

  Rosin. Ant lib. 6. cap. 10.
• e 1.344

  Rosin. an∣tiq. Rom, lib. 6. c. 16.
• f 1.345

  Rosin. an∣tiq Rom. lib. 6. c. 20.
• g 1.346

  A. Gel. l. 15. cap. 27.
• * 1.347

  Vid. pag. 22.
• h 1.348

  Sig. de iure Rom. l. 1. c. 3.
• i 1.349

  Rosin. ant. Rom. l. 6. c. 20▪
• * 1.350

  Pag. 18.
• k 1.351

  Rosin. Ant. Rom. l. 7. c. 8
• l 1.352

  G. Trapez. in Phil. 2^am.
• m 1.353

  Sig. de iud. lib. 2. c. 29.
• n 1.354

  Barth La∣tomus in orat pro M. Coelio
• o 1.355

  Sig. de iur. Rom. l. 1. c. 20.
• p 1.356

  Sig. de iure Provinc. l. 3. cap. 1.
• q 1.357

  Fenest. de magist. Rom. cap. 1.
• r 1.358

  Plutarch. in Romulo.
• s 1.359

  Plin. lib. 33. cap. 2.
• t 1.360

  Ioac. Came∣rarius in orat pro Flacco.
• * 1.361

  Immedicabile vulnus Ense re∣cidatur &c.
• * 1.362

  Sup. p. 23.
• * 1.363

  Sup. p. 24.
• u 1.364

  Mart. Phi leticu••. in Cic l 1. ep. fam. 1.
• x 1.365

  Mart. Phi∣leticus. ibid.
• y 1.366

  Hubert. in Cic. lib. 1. ep. fam. 2.
• z 1.367

  Ascensius in Cic. l. 1. epist. fam. 4.
• a 1.368

  Cic. orat. de arusp. respons▪
• b 1.369

  Rosin. An∣tiq. l 7. cap. 7.
• c 1.370

  Rosin. ant. Rom. l. 7. c. 9.
• d 1.371

  Cic. orat. Philid. 5.
• e 1.372

  Suet. Iul. Caes. cap. 18.
• f 1.373

  Alex. Gen. dier. lib. 3. c. 3.
• g 1.374

  Fenest. de magist. Rom.
• h 1.375

  A. Gell l. 3. cap. 18.
• i 1.376

  Stadius i•• Flor. l. 1. c. 5.
• k 1.377

  I. Tislinus in orat. Cic. pro Coelio.
• l 1.378

  P. Ramus in orat. Ca••il. 1.
• m 1.379

  Fr. Sylvius in Cic. Orat. pro Muren.
• n 1.380

  Rosin. ant. Rom. l. 7. c. 9.
• o 1.381

  Fenest. de Magist. Rom. cap. 17.
• p 1.382

  I. Tis••in. in Cic. orat. pro A. Coecinna.
• q 1.383

  I. Camerar. in orat. Cic. pro Muren.
• r 1.384

  Fenest. de Rom. magist. cap. 7.
• s 1.385

  Pomp. Lae∣tus de Rom magist••••. de Censor.
• t 1.386

  Panciroll. 〈◊〉〈◊〉 rerum de∣pe••di••arum 〈◊〉〈◊〉 de 〈◊〉〈◊〉 capiendi mo∣do.
• u 1.387

  Alex. Gen. dier. l. 5. c. 27.
• x 1.388

  Pomp. Lae tus de mag. Rom. cap. de Censor.
• y 1.389

  Pancirol. l. rerum deper∣dit. cap de ci bi capiendi modo.
• z 1.390

  Cic pro Milone.
• a 1.391

  Pighius ae∣quipet. comp
• b 1.392

  Alex. Gen. dier. l. 2. c. 15.
• c 1.393

  Fenest. de mag. Rom. cap. 19.
• d 1.394

  Fr. Sylvius in orat. pro Muraen.
• e 1.395

  I Saxonius in Cic. orat. pro S. Roscio
• f 1.396

  Rosin. an∣tiq. lib. 7. c. 11.
• g 1.397

  I. Saxonius ibid.
• h 1.398

  Fr. Sylv. in orat. pro Mur
• i 1.399

  Rosin. an∣tiq. l. 9. c. 18.
• k 1.400

  Rosin. an∣tiq. lib. 7. c. 11
• l 1.401

  Rosin Ant lib. 6. cap. 18.
• m 1.402

  Sig. de iud. lib. 1. cap. 7.
• n 1.403

  Fenest. de Rom. magist. cap. 19.
• o 1.404

  P. Pellit. in Cic orat. pro A. Coecinna.
• p 1.405

  Pighius Ae∣quipet comp.
• q 1.406

  P. Pellit. in Cic. orat. pro A. Caecinna.
• r 1.407

  Cic. in. Ver∣rin. 2.
• s 1.408

  Cic. in Ver∣rin 5.
• t 1.409

  Sigon. de iudic. lib. 1. cap. 6.
• u 1.410

  I. Camerar. in Cic. orat. pro. Flacco.
• x 1.411

  M. Toxita in orat. pro Pub. Quint.
• y 1.412

  Fr. Matu∣rantius. in Philippic. 13.
• z 1.413

  Servius Aen. lib. 6.
• a 1.414

  Rosin. ant. l. 7. c. 13.
• b 1.415

  Despaute∣••••us in sua syntaxi.
• c 1.416

  Sig. de iure Rom. l. 1. c. 20.
• d 1.417

  Fenest. de mag. Rom. cap. 14.
• e 1.418

  Rosin. ant. Rom. l. 7. c. 19
• f 1.419

  Dion. Hali∣car. l. 2.
• g 1.420

  Rosin. lib. 6. cap. 16.
• h 1.421

  Alex. Gen. dier. li. 5. c. 6.
• i 1.422

  Pighius in Tyrannif.
• k 1.423

  Stadius in Flor. l. 1. c. 11.
• l 1.424

  Rosin an∣tiq. lib. 7. c. 20.
• m 1.425

  Rosin. ibid.
• n 1.426

  Alex. Gen. dier. lib. 6. c. 18.
• o 1.427

  Rosin. Ant. lib. 7. cap. 20.
• p 1.428

  Fenest. de magist. Rom, cap. 21.
• q 1.429

  Suet Octa. Aug. cap. 27.
• r 1.430

  Fenest. de Rom. mag. c. 3.
• s 1.431

  Sig. de iure Rom. l. 2. c. 8.
• t 1.432

  I. Rosa. in Epit. rerum Rom.
• u 1.433

  Rosin. Ant. l. 7. c. 23.
• x 1.434

  Alex. Gen. dier. l. 6. c. 14.
• y 1.435

  Rosin. ant. lib. 7. c. 23.
• z 1.436

  Pighius in suo Tyranni fug.
• a 1.437

  Pomp. Lae∣tus.
• b 1.438

  Stadius in Flor. lib. 3. c. 2.
• c 1.439

  Pighius in suo Tyranni fug.
• d 1.440

  Rosin. ant. lib. 7. cap. 23. ••
• e 1.441

  Pighius in suo Tyranni-fug.
• f 1.442

  Philet. in l. 2. Cic. epist. fam. 10.
• g 1.443

  Alex. Gen. dier. l. 4. c. 4.
• h 1.444

  Alex. Gen. Ibid.
• i 1.445

  Pighius in suo tyrannif.
• k 1.446

  Rosin. an∣tiq. l. 7. c. 38.
• l 1.447

  Alex. Gen. dier. l. 3. c. 16.
• m 1.448

  I. Camerar. in orat. Cic. pro Flacco.
• n 1.449

  Alex. Gen. die••. l. 3. c. 16.
• o 1.450

  Pancirol. in notitiam im∣per. orient. cap 5.
• p 1.451

  Pighius in Aequipet. compos.
• q 1.452

  Asconius in Verrinam 3.
• * 1.453

  Christr Fr. Sylvius in Catil. 2^am.
• s 1.454

  Alex. Gen. dier. l. 3. c. 3.
• t 1.455

  I. Camerar. pro L. Flacco
• u 1.456

  Rosin. An∣tiq. l. 10. c. 24.
• x 1.457

  Pomp. Lae∣tus de magist. Rom.
• y 1.458

  Sig. de iure Prou. l. 2. c. 2.
• z 1.459

  Rosin. ant. Rom. l. 10. c. 7.
• a 1.460

  Sig. de iure Prov. l. 2. c. 3.
• b 1.461

  Sig. ibid.
• c 1.462

  Rosin. ant. Rom. l. 7. c. 45.
• d 1.463

  Sig. de iure Prov. l. 2. c. 2.
• a 1.464

  Sig. de iud. lib. 1. cap. 7.
• b 1.465

  Fr. Sylv. in orat. pro Mil.
• c 1.466

  Fr. Sylv. in epist. virorū illus. l. 5. ep. 1••.
• d 1.467

  Sig de iure Rom. l. 2. c. 18.
• e 1.468

  Sig. de Iud. lib. 1. cap. 7.
• f 1.469

  Rosin. ant. l. 7. c. 29.
• g 1.470

  Alex. Gen. dier. l. 3. c. 16.
• h 1.471

  Pet. Ramus in 2^am de le∣ge Agrar.
• i 1.472

  Sig. de iud. lib. 1. c. 28.
• k 1.473

  Sig. de iud. lib. 1. cap. 29.
• l 1.474

  Cic. pro Quin. Roscio.
• m 1.475

  Rosin. an∣tiq. lib. 2. c. 18
• n 1.476

  Sig. de iud. lib. 2. c. 4.
• o 1.477

  Sig. de iud. lib. 2. cap. 6.
• p 1.478

  Sig. ibid.
• q 1.479

  •• Sig. de iur. Rom. l. 2. c. 18.
• * 1.480

  Cic. pro Do∣mo.
• * 1.481

  Cic. Philip. 2. Item pro Muraen.
• r 1.482

  Fr. Matur. in Philip. 2.
• s 1.483

  Chr. Hegē∣dorphinus in Verrinam 1.
• t 1.484

  P. Nannius in Verrin. 5.
• u 1.485

  Ch. Hegen dorph ius in Verrin. 5^am.
• * 1.486

  Cic. pro Sex∣tio item de Arusp. respon▪
• * 1.487

  Cic. Agtar. 2.
• * 1.488

  Cic. Philip. 8. & pro Font.
• x 1.489

  B. Latomus in Philip 7.
• * 1.490

  Cic. pro Ra∣bi••. & saepè a∣liàs.
• * 1.491

  Cic. pro Clu∣entio. & saepè aliàs.
• y 1.492

  P. Ramus in orat. pro Ra∣birio.
• z 1.493

  Fr. Sylv. in orat. pro Clu∣entio.
• a 1.494

  I. Camerar. in orat. Cic. pro L. Flacco▪
• b 1.495

  Fr. Sylv. in orat. pro Clu∣entio.
• * 1.496

  Cic. pro Balbo▪
• * 1.497

  Cic. offic. l 3.
• * 1.498

  Cic pro Bal∣bo.
• c 1.499

  Sig. de iure Ital. l. 1. c. 2.
• * 1.500

  Cic. pro. Ar∣chia.
• d 1.501

  Fr. Sylv. in orat. pro lege Manil.
• e 1.502

  P. Ramus in or. Cic. Agra•• 2.
• * 1.503

  Cic pro Do∣mo.
• * 1.504

  Cic. pro Bal∣bo.
• * 1.505

  Cic. multis in locis.
• f 1.506

  A. Gel. l. 13. cap. 14.
• g 1.507

  Bersman. de vet. dier. ra∣tione ad finē Ovid Fast. Cic. in suis orat. saepè.
• * 1.508

  Cic. pro Sext.
• * 1.509

  Cic. 3 de leg.
• * 1.510

  Cic. in Laelio
• h 1.511

  Rosin. an∣tiq. lib. 8. c. 3.
• * 1.512

  Cic. 3. de leg.
• l 1.513

  Caelius Sec. Curio. in ora. pro M••lone.
• k 1.514

  Sig de Iud. lib 3. cap. 3.
• * 1.515

  Cic. de leg. 3.
• * 1.516

  Cic. multis in ••ocis.
• * 1.517

  Cic pro Mur.
• * 1.518

  Cic. Verrin. 7.
• l 1.519

  Alex. Gen. dier. l. 2. c. 20.
• * 1.520

  Cic. Philip. ••
• m 1.521

  M. Toxita in orat. Phi. ••.
• * 1.522

  Cic. in Pison.
• n 1.523

  P. Ramus in Agrar. 2.
• o 1.524

  Fr. Maturā∣tius in Phil. 5.
• * 1.525

  Cic. Phil. 13.
• * 1.526

  Cic Philip. 2.
• * 1.527

  Cic. pro Se••t
• * 1.528

  Cic. Verrin. 4.
• * 1.529

  Cic. 3. de leg.
• * 1.530

  Cic. Philip. 5.
• * 1.531

  Cic. Philip 5.
• * 1.532

  Cic. pro Sext
• * 1.533

  Cic. contra Rullum 2.
• * 1.534

  Cic. de pro∣vince consu∣laribus.
• * 1.535

  Cic ep. 9. ad Lentul.
• p 1.536

  Sig. de 〈◊〉〈◊〉. Prov. l. 3. c. 13
• q 1.537

  Sig. eiusd. lib. cap. 6. Cic. pro L. Muraen.
• r 1.538

  Melanct••ō. in orat. pro Muraena.
• * 1.539

  Cic. Philip 1.
• s 1.540

  Lipsius de magnit. Rom. lib. 2. cap. 9.
• * 1.541

  Cic. pro Bal bo.
• * 1.542

  Cic. Pro Do∣mo.
• * 1.543

  Cic. pro Sext
• t 1.544

  Cic. Phil 11
• u 1.545

  Verrin. 7.
• x 1.546

  Cic. Phil. 8.
• y 1.547

  Cic. in Ver.
• z 1.548

  Sig. de iud. lib. 2. c. 24.
• a 1.549

  Sig. de iure Ital. l. 2. c. 2. Cic. pro Sext.
• b 1.550

  Sig de iure Ital. l. 2. c. 2.
• * 1.551

  Cic. in Rullū.
• * 1.552

  Cic. pro Sext.
• c 1.553

  Rosin. an∣tiq. lib. 8. c. 1••
• * 1.554

  Cic. pro Sext. in Pisone.
• * 1.555

  Cic. Verrio. 5. & 7.
• d 1.556

  Sig. de iure Prov. l. 1. c. 1.
• e 1.557

  Fr. Sylv. in or. pro Clu∣entio.
• * 1.558

  Cic. Ve••rin. 4▪
• * 1.559

  Cic. pro lege Manilia.
• * 1.560

  Cic pro lege Manilia.
• f 1.561

  I. Camerar. in orat pro L. Facco.
• g 1.562

  I. Omphal. in orat pro Cecinna.
• h 1.563

  Pellitarius pro Cecin.
• i 1.564

  Cic. pro Muraen.
• k 1.565

  Vid leg 12. tabul.
• l 1.566

  Sig. de iure Rom. l. 1. c. 10▪
• * 1.567

  C. 3. de offic.
• m 1.568

  Sig. de iure Rom. l. 1. c. 12▪
• * 1.569

  Cic. Verrin. 3▪
• * 1.570

  Cic. Verrin. 3▪
• n 1.571

  Barth. La∣tom. in orat. pro Cecinna▪
• o 1.572

  Alex. Gen. dier. l. 1. c. 1.
• * 1.573

  Cic. Ve••rin. 3▪
• p 1.574

  Sig. de iure Rom. l. 1. c. 11▪
• q 1.575

  Fr. Sylv. in Verrin. 1.
• * 1.576

  Cic. pro Mur.
• r 1.577

  Alex. Gen. dier. l. 3. c. 5.
• s 1.578

  Cic. pro Muraen.
• * 1.579

  Curio in ora. pro Scauro.
• * 1.580

  Cic. in Verr.
• t 1.581

  Sig. de iure Prov. l. 2. c. 5.
• * 1.582

  Cic. de orat. l. 3.
• * 1.583

  Cic. pro Cor∣nel.
• * 1.584

  Cic. in Verr••e saepe.
• * 1.585

  Cic. in Pison.
• * 1.586

  Cic. Philip. 1.
• * 1.587

  Cic. Philipp. 1. & 5.
• * 1.588

  Cic. pro C••∣entio.
• * 1.589

  Cic. in Vatin.
• * 1.590

  Cic. pro Sext Roscio.
• u 1.591

  Fr. Sylv. in orat. pro Clu∣entio.
• * 1.592

  Cic. pro Mur.
• x 1.593

  Fr. Sylv. in orat. pro Mur▪
• y 1.594

  Sylv. ibid.
• z 1.595

  Melanct. 〈◊〉〈◊〉 ora. pro Mur.
• a 1.596

  I. Camerar. in orat. pro Muraen.
• b 1.597

  Priscian. l. 3 vid. F. Sylv. in ora. pro Mur.
• c 1.598

  Alex. Gen. dier. l. 4. c. 15.
• * 1.599

  Cic. pro Cor∣nel.
• * 1.600

  Cic. Philip. 1.
• * 1.601

  Cic. pro Mur.
• * 1.602

  Cic. pro Mur.
• * 1.603

  Cic. pro Sext▪
• d 1.604

  Sig. de iud. lib. 1. cap. 28.
• * 1.605

  Cic. pro Plā∣cio.
• e 1.606

  Sig. de iud. lib. 1. cap. 27.
• f 1.607

  Fr. Sylv. in ora••. pro Q. Roscio.
• g 1.608

  Fr. Sylvius in orat. pro Cluentio.
• h 1.609

  I. Tislin in orat. pro Ra∣birio.
• i 1.610

  Sig. de Iud. lib. 1. cap. 27.
• k 1.611

  Sig. eiusd. l. cap▪ 28.
• l 1.612

  Sig. eiusd. l. cap. 21.
• * 1.613

  C. pro Cluen.
• m 1.614

  I. Camerar. pro L. Muraen▪
• n 1.615

  Rosin. ant. lib. 8 c. 29.
• o 1.616

  Sig. de iud. lib. 1. c. 21.
• p 1.617

  A. Gell. vid. Rosin. Ant. l. 8. c. 29.
• q 1.618

  de iudic. lib. 1. cap. 21▪
• r 1.619

  Sigon. de iu dic. lib. cap. 21▪
• s 1.620

  Cic. orat. pro Muraena & pro Coeci∣na.
• t 1.621

  Sig. de iud. lib. 1. cap. 21.
• a 1.622

  Polyb. vid. Rosin. an∣tiq l. 10. c. 2.
• b 1.623

  Sig. de iure Ital. l. 1. c. 1.
• * 1.624

  Vid pag. 50.
• c 1.625

  Orat. pro lege Manil.
• d 1.626

  Serv. l. 2. & 7. Aeneid.
• e 1.627

  Lips••de mi∣lit. Rom lib. 1 dial. 8.
• f 1.628

  Vid. Lips. de milit. Rom. l. 1. dial. 6.
• g 1.629

  Serv Aenei. lib. 8.
• h 1.630

  Lips. lib. 1. d••e mil. Rom. dial 4.
• i 1.631

  Lib. 1. de mil Rom. dial. 8.
• k 1.632

  Lib. 4. de milit. Rom. dial 11. & 12.
• l 1.633

  In ep viror. illust. l. 4. ep 1
• m 1.634

  Plaut in Pseudolo.
• n 1.635

  Pigh. in sua praef. ad lib. 1. septim.
• o 1.636

  Alex. Gen. dier. l. 1. c. 20.
• p 1.637

  Plutare. in Romulo.
• q 1.638

  Rosin. Ant lib. 10. cap. 4
• r 1.639

  Sig. de iure Rom. l 1. c. 15.
• s 1.640

  Sigon. ib.
• t 1.641

  Alex. Gen. die••. l. 1. c. 20.
• u 1.642

  Pancirol li. rerum deper. dit. cap. de habit. & vest. veter.
• x 1.643

  Sig. de iure Rom. l. 1. c. 15
• y 1.644

  Edmunds in his observ. vpon Caesars Comment lib. 2. c. 3.
• z 1.645

  Varro. lib. 3. de re ru i••a.
• a 1.646

  Alex. Gen. dier. l. 1.
• b 1.647

  Varro. vid. Rosin. ant. Rom. l. 10. c. 5
• c 1.648

  Rosin. ibid.
• d 1.649

  Veget. vid. Rosin. ant. Rom. l. 10. c. 7
• e 1.650

  Lips. de mil. Rom. lib. 2. dial. 10.
• f 1.651

  Barth La tom. in Phil. orat. 14.
• g 1.652

  Lips. de mil. Rom. l. 1. dial. 3.
• h 1.653

  Lip. de mil Rom. lib. 4. dial. 3.
• i 1.654

  Terent. Eu∣nuch. Act. 4. Scen. 7.
• k 1.655

  Alex. Gen. dier. l. 5. c. 15.
• l 1.656

  Lip. de mil. Rom. lib. 2. dial. 8.
• m 1.657

  Pancir in notit. orient. & occident imper. c. 32.
• n 1.658

  Lips. milit. Rom. lib 4. dial. 7.
• o 1.659

  Lips. milit. Rom. lib. 4 dial. 7.
• p 1.660

  Festus vid. Panc. in not. orient. & oc∣cident ••••p. cap 32.
• q 1.661

  Lips polio•• lib 2 dial 2.
• r 1.662

  Serv. Aenei. lib. 10.
• s 1.663

  Cic. ep. fam. lib. 1. ep. 7.
• t 1.664

  A Gel. Noc. Attic. l. 1. c. 15
• u 1.665

  Rosin. ant. Rom. l. 10. c. ••6
• x 1.666

  Lips. polior. lib. 1. dial. 9.
• y 1.667

  Rosin. ant Rom. l. 10. c. 16
• z 1.668

  Stad. in Flor. l 4. c. 10.
• a 1.669

  Rosin. ant. Rom. lib. 10. cap 16.
• b 1.670

  Lips. Poli∣orc. lib. 3. dial 2.
• c 1.671

  Am. Marc. lib. 23. cap. 3.
• * 1.672

  Machinae Serrat••••iae.
• * 1.673

  Ab hac me∣di••tate testi∣••••] Here we must 〈◊〉〈◊〉 that this significatiō of testes is bor∣rowed from the Anatomists, which doe call certaine eminēt parts behind 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Testes. Vid Fuchs. inst••t. med. l. 1. sec. 5.
• d 1.674

  Plutarc. in vit. C▪ Caes.
• e 1.675

  A. Gell. lib. 7. cap. 4.
• f 1.676

  Stad. in Flor lib. 1. c. 12.
• g 1.677

  Sig. de iure Ital. l. 2. c. 4.
• h 1.678

  Pig. lib. Tyrannif.
• i 1.679

  Terent. in Phor.
• k 1.680

  Sig. de iure Rom. l. 1. c. 16
• l 1.681

  Stadius in Flor. l. 3. c. 13.
• m 1.682

  Fr. Sylv. in viror. illust. ep. 2. lib. 1.
• n 1.683

  Sig. de iure Rom. l. 2. c. 4.
• o 1.684

  Cic. de A rusp. respons. & alias saepe.
• p 1.685

  Sig. l. 2. de iure Ital. c. 7.
• q 1.686

  Sig. de iure Ital. l. 1. cap. 1.
• r 1.687

  Sigon. ibid.
• s 1.688

  Rosin. an∣tiq. l. 10. c. 25.
• t 1.689

  Alex. Gen. dier. l. 2. c. 13.
• u 1.690

  Trib. milit.
• x 1.691

  Cic. orat. Phil. 3.
• y 1.692

  Cic. pro Clu∣ent.
• * 1.693

  Vid. p. 176.
• z 1.694

  Salmuth. in Pancir. l. ••erū deperd cap. de triumph.
• a 1.695

  Ode. 2. li. 4.
• b 1.696

  Salmuth. in Pancir. l. rerū deperd. cap. de triumph.
• c 1.697

  Alex. Gen. lib. 6. cap. 17.
• d 1.698

  Dion. Hali∣car. lib. 5.
• e 1.699

  Alex. Gen. dier. li. 1. c. 22.
• f 1.700

  Serv. Aenei. lib. 10.
• g 1.701

  Fr. Sylv. in orat. Cic. pro. Cn. Plancio.
• h 1.702

  Alex. Gen. dier. l. 1. c. 14.
• i 1.703

  Alex. Gen. dier. l. 4. c. 18.
• k 1.704

  Sig. de iure Rom. l. 1. c. 15.
• l 1.705

  Rosin. ant. lib. 10 c. 27.
• m 1.706

  Plin. l. 22. cap. 4.
• n 1.707

  Salmuth. in Pancir. l. rerū deperd. cap. de coronis.
• o 1.708

  Pigh. l. Ty∣rannif.
• p 1.709

  Dion. Hali∣car. lib. 10.
• q 1.710

  Pigh. lib. ty∣rannif.