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 1.1 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 1.2 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 1.3 from whom it was called Ius Papirianū:
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.
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- Title
- 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.
- Author
- Goodwin, Thomas, 1586 or 7-1642.
- Publication
- At Oxford :: Printed by Joseph Barnes,
- 1614.
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- Subject terms
- Rome -- Civilization -- Early works to 1800.
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http://name.umdl.umich.edu/A01818.0001.001
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"Romanæ historiæ anthologia An English exposition of the Romane antiquities, wherein many Romane and English offices are paralleld and divers obscure phrases explained. By Thomas Godwyn Master of Arts: for the vse of Abingdon Schoole." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A01818.0001.001. University of Michigan Library Digital Collections. Accessed June 21, 2025.
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Page 135
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.
Notes
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a 1.1
Sig. de iud. lib. 1. cap. 7.
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b 1.2
Fr. Sylv. in orat. pro Mil.
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c 1.3
Fr. Sylv. in epist. virorū illus. l. 5. ep. 1••.