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.

CHAP. 16.

De Iudicibus, & Iudicijs.

Lex accusatoria.

TVlly mētioneth a law tearmed lex accusatoria, which in truth was no lawe,* 1.1 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 1.2 Their custome also was to procure others to ioine with them in their accusations; thoses 1.3 Tully calleth Subscriptores, be∣cause they did subscribe vnto the accusation.

Lex Servilia & Sempronia.

Whereas Sempronius had preferred a law,* 1.4 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.]* 1.5 Here we must note witht 1.6 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,* 1.7 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,* 1.8 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,* 1.9 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,* 1.10 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,* 1.11 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,* 1.12 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,* 1.13 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,* 1.14 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,* 1.15 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 1.16 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,* 1.17 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 1.18 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 1.19 sometimes it is called Per aes & libram venditio, because of

the ceremonies vsed in it.z 1.20 Now it is commonly called Mancipatio,a 1.21 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 1.22 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 1.23 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.

Notes

• * 1.1

  Cic. pro Mur.
• r 1.2

  Alex. Gen. dier. l. 3. c. 5.
• s 1.3

  Cic. pro Muraen.
• * 1.4

  Curio in ora. pro Scauro.
• * 1.5

  Cic. in Verr.
• t 1.6

  Sig. de iure Prov. l. 2. c. 5.
• * 1.7

  Cic. de orat. l. 3.
• * 1.8

  Cic. pro Cor∣nel.
• * 1.9

  Cic. in Verr••e saepe.
• * 1.10

  Cic. in Pison.
• * 1.11

  Cic. Philip. 1.
• * 1.12

  Cic. Philipp. 1. & 5.
• * 1.13

  Cic. pro C••∣entio.
• * 1.14

  Cic. in Vatin.
• * 1.15

  Cic. pro Sext Roscio.
• u 1.16

  Fr. Sylv. in orat. pro Clu∣entio.
• * 1.17

  Cic. pro Mur.
• x 1.18

  Fr. Sylv. in orat. pro Mur▪
• y 1.19

  Sylv. ibid.
• z 1.20

  Melanct. 〈◊〉〈◊〉 ora. pro Mur.
• a 1.21

  I. Camerar. in orat. pro Muraen.
• b 1.22

  Priscian. l. 3 vid. F. Sylv. in ora. pro Mur.
• c 1.23

  Alex. Gen. dier. l. 4. c. 15.