THE SECOND OBSERVATION.
PLacere sibi ternas tabellas dari, ad indi∣candum iis, qui erant ordinis Senatorii, They agreed, that all such as were of the rank of Senatours, should be inquired upon by a triple Commission, saith the story. Tabellas, I have translated Commissions, as best suting our English phrase: but the meaning was as followeth.
It appeareth by history, that the Roman people, as well in election of Magistrates, as in causes criminall, did give their voices open∣ly and aloud, for six hundred years together; untill one Gabinius, a Tribune of the People, perceiving that the Commons, for fear of the great Ones, durst not dispose of their voices freely, and as they would, published an Edict, that the people should give their voices by Bal∣lating.* 1.1 Which law Tully commendeth; Grata est tabella quae frontes operit, hominum men∣tes tegit, datque cam libertatem quod ve∣lint faciant; It is an acceptable Law, which hides the faces and meanings of men, and gives all liberty to do what they please. And in another place, he calleth it Principium justissimae libertatis, the foundation of most just liberty. Upon an election of Magistrates, the balls were given according to the number of the Competitours; that every man might chuse as he pleased.
In criminall Causes, every man had three: one marked with A. signifying Absolution, and another with C. for Condemnation, and another with N. L. for Non liquet, which they called Ampliatio, desirous to be further in∣formed, which our Grand Juries do expresse by an Ignoramus. And in this manner would Domitius have had his fellow Senatours either quitted or condemned. The balls which were given upon the making of a law, were two: one marked with V. R. which signified Uti rogas, that it might go on: and the other with A. signifying Antiquo, rejecting it. For, as Festus noteth, Antiquare est in modum pristinum reducere, to Antiquate, is to make the thing be as it was before.
And in this manner they would have pro∣ceeded against Caesar's Par••izans,* 1.2 being alto∣gether mistaken in the assurance of their happi∣ness;* 1.3 the continuance whereof depended upon Vertue, and not upon Fortune.