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IT is not possible for a Kingdom, or a Society of Men to live vvithout Lavvs; Nature, and our Interest do recommend cer∣tain Rules of behaviours, upon vvhich much of the happiness of a Commonvvealth de∣pends. The Romans at first had no other Lavvs, but the Pleasure and Will of their Princes and Magistrates, vvho did govern
them according to the light of Nature, and their Inclinations; But this kind of ruling is subject to mistakes and injustice: there∣fore, for the bene••it of the People, it was necessary that the Laws should be written. The 12 Tables were famous at Rome. Af∣terwards the Supreme Magistrate did re∣commend a Law, which was called by the name of the person who caused it to be pub∣lished. It would be too tedious a work to mention every Law of the Romans; several learned Lawyers have given a sufficient ac∣count of them, as Baldunius, Pomponius, Ma∣nutius, Prateus, and many others. I have here collected the Statutes which are most remarkable, and which concern our present Estate.
Papirius caused these Laws to be esta∣blished; that nothing should be done with∣out some adress to the Gods. That none but the Patri••ij should be suffered to Sacrifice, and gov••rn the Commonwealth. That only the Kings should command over the Wor∣ship of the Gods. That the Fables of their Divinities should not be credited. That no forreign God should be Worshiped within the City, besides Faunus. That none should offer to speak Bawdy in the presence of Women. That all Murdrers were to be slain. That none should offer to enter into the City but by the Gates, because the Walls were to be esteemed most sacred▪ That eve∣ry Woman lawfully joyned in Matrimony
with a Man, be a partaker of his Estate. That if a Wife be found guilty of Adultery, it shall be lawful for the Husband, and her Relations to put her to death as they please. That if she did drink Wine she was to be punish as an Adultress. It was not lawful for the Roman Women to taste of Wine; therefore when they did marry, they made an agreement with their Husbands, to have that liberty at certain times; as when they were brought to Bed, when they were sick, &c
It was not lawful for a Man to leave his Wife, unless she were guilty of a grievous crime contrary to the laws of Marriage.
If a Child did offer to strike his Parent▪ he was to be devoted, sacer, or sacrificed to the God. s
All monstrous creatures were to be slain.
In the 12 Tables were to be seen these Laws.
That no Roman Citizen should be con∣demned to die, but by the Sentence of the General Assemblies. That the Command of the People should be a Law. That if a Judge should take a Bribe, He was to be punish∣ed with death. That all false Witnesses were to be cast down the Rock Tarpeia. That none should entertain in the City Publick Meetings in the Night. That if a Roman Citizen did encourage the enemy against the Empire, or did betray a Citizen, He should be punished with the loss of his life.
That a Father should have * 1.1power of Life and Death over his lawful Child. That eve∣ry Father had power upon his Death-bed to bequeath his Money to any body, and to ap∣point † Tutors for his Children. If any did * 1.2 die without Will, or in a Frensy, the Kin∣dred aud Relations were to take charge of his Estate and Children. That if any was a Prodigal, his nearest Kindred should govern his Estate, when the Praetor had understood his behaviour. That if a Child was born within ten Months after the Fathers Death, it should be legitimate, and Heir to the E∣state. If any did offer Injury to another, he was to be punished by his Purse: And if he did maim him in one of his Members, he was to be requited in the same manner.
* 1.3 It was Enacted by Abenobardus, that the Colledge of Priests should not receive indif∣ferently any persons into their Orders, un∣till the People had sufficiently approved of their behaviour and honesty. It would not be amiss if this Roman Law was in force a∣mongst us. It was not lawful to beat a Citi∣zen of Rome with Rods, or to punish him indicta causa, that is, before he came to a hearing. The Senators were commanded by the Law to abstain from all manner of tra∣ding.
* 1.4 The Tithe of all sorts of Corn was duly paid to the Romans out of all the Provinces; and that was named decumae, as the Receiv∣ers were stiled decumani▪
* 1.5 The Romans had also several Laws to li∣mit the prodigalities in publick Feasts. They commanded that in the ordinary Banquets, none should spend above ten asses, every assis being worth about a Penny English Money. They had a Law that no Wife should enjoy above a quarter part of her dead Husbands Estate. And for the better understanding of the Wills, we may take notice, that there were Wills called Testamenta in Praecinctu made by the Soldiers in the Army in the pre∣sence of their Comrades, Viva voce Testa∣menta calatis Comitiis, in the presence of all the People assembled together; and Testa∣menta per emanci pationem familiae, which was done by a pretended Sale of all the con∣cerns of a Family, to an intimate friend of the Testator; He is called by the Lawyers * 1.6 Haeres fiduciarius, or Imaginarius. When the other was dead, he was then Pater Fu∣diciarius, and was to have the power of a Father, until the Children came to be of Age.
Theeves were condemned to restore four∣fold to the Owners: this Law was called Lex quadrupli, and the Accusers, Quadrupli∣tores. But if any had stoln so much, that he ould not make satisfaction, he was to give all his Goods.
Their manner of proceeding in Law was thus: First, the Plaintiff having caused the Defendant to be warned into the Courc, he did present a kind of Petition to the Judge
that his cause might be heard before him; this was stiled Postulatio: when it was gran∣ted, * 1.7he did proceed to intendere actionem, or litem; or he did diem dicere, appoint a day: this was followed by an engagement of the Defendant to appear, by giving a Sure∣ty; * 1.8when the day o•• appearance was come, which was commonly dies perendinus, the Plaintiff was obliged to † swear to the * 1.9Judge, that he did not accuse the Defen∣dant calumniandi gratia, only to calumni∣ate him. On the day of examining, the ac∣cusation both parties were to be present, unless they were sick, if otherwise, they did * 1.10loose their Cause, and the Judge did give out † an Execution against the party, with * 1.11an order to seize upon his Goods. But be∣fore the final Sentence was given, the Judges did * 1.12cast Lotts, to know who should judge of such a Cause; aud then if the Defendant had any reason to think that such Judges would be partial, he had liberty to † except * 1.13against him, and another was chosen in his room: when the Judge had heard the cause, he did deliver a little tabella, where was written either a Roman C for condemnation, or A for absolution, or N L for non liquet▪ * 1.14that did signify▪ that the Cause was to be heard another time. The Grecians had also three Letters to express the Sentence that was given, •• for Condemnation, T for Ab∣solution, and A for a Reprieve. Now in many Courts of Justice, a Javeline stood at
the Bar; they did also set up the same Wea∣pon when they did make sale of any Goods: therefore sub hasta vendere, or or praeconi subjicere, is to expose publickly Goods to Sale by a Cryer; the Buyers were named Sectores, they did signify their desire of Buying by digitum tollendo, by lifting up their Finger. Their ordinary Money was As, a * 1.15Penny, and Sesterius 2 d. ob. Sestertium, a hundred Sestertij, that is about eight or nine Pounds English money. They did num∣ber their Estates and Money by these Sester∣tij, as decem sestertij, ten sestertij; decem sestertium 1000 sestertij decies sestertium ten hundred thousand sestertij.
Potestas vitae & neck voca∣batur.
4 sorts, testa∣mentarius, legi∣timus, Da••••v•••• vel ••iduciari••s▪ and honorari••s; The last was such as are ap∣pointed Over∣seers, to see the Will of the de∣ceased perform∣ed.
Si injuriam al∣teri faxit aeri•• poena sunto.
Si membrum rapserit e pact•• talio est••.
There was 3 kind of Tithes
frumentum aesti∣matum, raised by a Tax for the Deputy of the Province.
Frumentum im∣peratum, was Corn exacted from the Pro∣vince for the Army; and frumentum de∣cumanum, the ordinary ••enths
The whole E∣state is named As by the Law∣yers.
In totum assen institutus haeres is an Heir to the whole E∣state.
Ex lato Asse, is but to apart.
Postulare ali∣quem decrimine, is to accuse one of a crime.
Promittebat vadimonium.
* Calumniam de∣jurare.
Lite vel caus•• cadebat.
* Edictum pe∣remptorium.
Sortitio Ju∣dicum.
* Rejicere judi∣ces.
Ampliatio, is a Reprieve.
M. S. is the Character for Sestertius, or L. L. S.