THE SECOND OBSERVATION.
VErtue at all times hath had this priviledge in the difference and degrees of state and con∣dition, to make a Noble mans word equall to a Common mans oath: but the integrity of former ages, had a more generall prerogative, avouching every mans promise for the strict∣nesse an oath.* 1.1 Hence it was that the Ro∣mans, upon their inrollment for a war, gave but their promise to the Tribune of the souldiers, to keep such ordinances as their Militia re∣quired: untill at length that the corruption of time (falsifying the simplicity and truth of words) did inforce them to give an* 1.2 oath, as the surest bond of faith and obedience: as is noted by Livie at large;* 1.3 The souldiers (saith he) which was ne∣ver before that time practised, were sworn by the Tribunes, to appear upon summons from the Consuls, and not to depart without leave. For untill then, there was nothing required of them but a solemn promise (which the horsemen made by their Decuries, and the foot troups by their Centuries) not to leave their Colours by flight, or through fear, not to forsake their rank, un∣lesse it were either to assault an enemy, to take up an offensive weapon, or to save a Citizen; which being at first but the offer of a free mind, was now by the Tribunes required by obligation of an oath.
The form of this oath was diversly varied, as appeareth by Aul. Gel.* 1.4 and more specially in the times of the Emperours: for Caligula made this addition to the souldiers oath, That they should hold neither their lives nor their children dearer unto them then the Emperour Cai••s and his sisters. Concerning the respect had of this Military oath, that which Tully re∣porteth of Cato is of excellent note.* 1.5 Popilius having charge of the Province of Macedonia, had (amongst other Roman youths) Cato's son, a young souldier in his Army; and being occasioned to dismisse a legion, discharged likewise young Cato, being one of that legion. But he desirous to bear Arms in that war, conti∣nued still in the Army: whereupon Cato writ from Rome to Popilius, requiring him, that if he suffered his son to remain in that war, he would by any means swear him again; for being dis∣charged of his first oath, he could not lawfully fight against the Enemy.
Ever since Constantine the great, the souldi∣ers were sworn by a Christian oath,* 1.6 as Vegetius noteth; to obey all things the Emperour should command them, not to leave their warfare without license, not to shun death for the ser∣vice of the Publick weal. And at this day, amongst other Nations, an oath is given to the souldier upon his inrollment, to this effect; Well and lawfully to serve the King, towards all men, and against all, without exception of persons; and if they know any thing concerning his service, to reveal the same incontinently; not to leave their Colours, without leave either of the Generall or his Lieutenant.
The ancient Romans did charge their solemn and publick oathes with many ceremonies: as appeareth by that form which was used in ratify∣ing Treaties and Transactions; Their Heralds killed a hog, and cried out withall, that the like would happen to him that first falsified his faith.
Polybius reporteth,* 1.7 that he that read the oath whereby the Romans and Carthaginians sware their accord, had the hair of his head tiedup in an extraordinary manner: the parties invoca∣ting their Jupiter, to grant all prosperity to him that without fraud or deceit did enter into that agreement. But if (said he that took the oath)