this Magistrate was call'd Praefectus Urbis After this he immediately proceeded to settle the Authorities of King Senate and People The King's Office at home was To take care of the Religious Rites to preserve the Laws and Customs to decide the chief Causes between Man and Man and refer the less Matters to the Senate into which he had an Inspection to call the Senate assemble the People first giving his own Opinion then ratifying what was approv'd of by the major Part Abroad and in the Wars He had absolute Authority The Senate's Office was To debate and resolve about such things as the King propos'd which were decreed by the Majority of Voices To the People he committed three Things To create Magistrates make Laws and resolve about any War that was propos'd by the King yet still in such a manner as the Authority of the Senate always interpos'd The next thing that Romulus did was to take care of a Guard for his Person and therefore he order'd the Curiae to chuse him out 300 lusty young Men ten out of each and these were call'd Celeres à celeritate from their Activity and Readiness to assist the King upon all Occasions They were commanded by a Tribune or Colonel call'd Tribunus Celerum three Centurions and other Inferiour Officers This Company with their Spears defended the King in the City and in Battels were the foremost Leaders Charging first and Retreating last Besides these he had for his Attendance twelve Lictors or Sergeants who punish'd Offenders and executed his Commands these always going before him in Publick with their Bundles of Rods call'd Fasces and their Axes signifying different Punishments according to Mens different Crimes Thus Romulus with all the Industry and Prudence imaginable took care to settle the State being very exact in Justice and forbidding all sordid Arts and Trades especially such as were subservient to Luxury which being left wholly to Slaves and Strangers the Romans for many Years scorn'd to be concern'd in ' em This is the Form of the Common-wealth as Romulus first establish'd it which in general was so excellent that it was admir'd by Dionysius above all the Constitutions even of his own Country-men the Grecians and by its Healthfulness and robust Constitution had all the manifest Signs of a thriving and long-liv'd State II. Romulus finding he was encompass'd with several powerful Nations who with envious Eyes beheld the extraordinary Growth of his City and observing how much it was fill'd by Fugitives who had no Wives he bethought himself of Means to contract Alliance with his Neighbours and to procure Wives for his Subjects which was his second Device to encrease the City Therefore by Advice of his Grand-Father Numitor and the Consent of the Senate he proclaim'd a Solemn Feast and Publick Games in Honour of Neptune thro' all the Country thereabouts This immediately occasion'd a great Concourse of all sorts of People who came flocking in with their Wives and Children from several Neighbouring Places to behold these Pompous Shows together with the new City In the mid'st of the Solemnity upon a Signal given the Romans with their drawn Swords seiz'd on such Virgins as they cou'd most conveniently catch and by main Force carry'd 'em to their Houses The Number of these amounted to 683 for whom Romulus chose so many Husbands and marry'd 'em after their own Country Rites making 'em sign a Covenant or Agreement with the Ceremonies of Fire and Water which Custom continu'd among the Romans for many Ages This Act was highly resented by most of their Neighbours especially the Sabines who were principally concern'd but their Backwardness in their Preparations made the Cities Caenina Antemna and Crustumium begin the War first The two former three or four Miles North of Rome and Inhabited by the Aborigines Romulus soon subdu'd with the Death of their King Acron whom he slew in a single Combat and afterwards the latter a Colony of Alba a little way within the Country of the Sabines The Lands were divided between some of the Romans and the old Inhabitants of whom 3000 were made Free of Rome without losing their former Estates so that the Foot-men of the City were now much increas'd For this Victory Romulus first Triumph'd and bringing home the Spoils of King Acron which the Romans nam'd Opima Spolia or Royal Spoils he design'd a Spot of Ground upon Mount Capitoline for a Temple to Iupiter Feretrius so call'd either à ferendo to bear or rather from ferire to strike and this was the Place where the Capitol afterwards stood The Valour of Romulus and his good Conduct in this War together with his Clemency to the Conquer'd had so great Effects that not only many eminent Men went over to him with their Families amongst whom was Caelius who gave Name to a Hill in the City but some whole Nations committed themselves to his Protection and receiv'd Colonies from Rome This notable Success was a great Disappointment to the Sabines who resolving to correct their former Carelessness by double Diligence assembled themselves at Cures their Metropolis proclaim'd War against Rome and made choice of Tatius their King for General On the other side Romulus made all possible Provision for Resistance fortifying the Capitoline and Aventine Hills and receiving Auxiliary-Troops both from Hetruria and his Grand-Father Numitor. The Sabines to have the fairer Pretence first demanded Restitution of the Virgins and to have the Authors of the Injury deliver'd up to them but receiving no satisfactory Answer both Armies drew out into the Field the Sabines being 25000 Foot and 1000 Horse and the Romans 20000 Poot and 800 Horse a great Number for a new built City Tatius encamp'd between the Capitoline and Quirinal but found 'em too well fortify'd to be attack'd but one Tarpeia Daughter to Tarpeius Governour of the Capitoline call'd to his Men from above and agreed to betray the Place into their Hands which was in a short Time effected What she requir'd of 'em as a Reward for this was what they wore on their left Arms meaning their Bracelets but they threw their Targets upon her which they wore on their left Arms and press'd her to Death From hence this Hill was callâ—d Tarpeius till the building of the Capitol which made it lose the Name except that part of it which was call'd the Tarpeian Rock from whence they threw Malefactors down headlong The Sabines now Masters of the Capitoline had the Advantage of continuing the War at their pleasure and for a long time only light Skirmishes pass'd between both Parties with little or no Advantage to either side But the Tediousness and Charge of the War so wearied out both Romans and Sabines that they very much desir'd a Peace but neither side wou'd stoop to sue for it Thus they continu'd for a very considerable time till both resolving to do their utmost they came to a general Battel which
and ever out of their Body except once and most commonly of the lower sort till by a Law made afterwards they were order'd to be created out of such of the Plebeians as were Senators They had the Power of Interposing and the Design of that Power was to relieve the Oppressed and to be a Shield to keep off all Evil and Mischief They null'd all such Decrees and Commands of the Senate and Consuls as they reckon'd unjust and of all other Magistrates except the Dictators and to shew their Readiness to protect the meanest their Doors stood open Night and Day to their Complaints They at first had their Seats plac d before the doors of the Senate-House tho' afterwards they enter'd in where examining the Decrees of the Fathers they either interpos'd by the word Veto or Vetamus solemnly pronounc'd or else sign'd 'em with the Letter T which made 'em pass They procur'd themselves to be accounted Sacrosancti so as by a Law made they were free from all manner of Compulsion and were inviolable either by Word or Deed and sâ—evere Penalties laid on such as broke it and lest the People shou'd afterwards repeal this Law they made all the Citizens take the most solemn Oath imaginable to preserve it intire and untouch'd As for the Ensigns of their Office they had no Toga Pretexta Lictors or Curule Chair but only a sort of a Beadle call'd Viator went before ' em The want of these Attendants their not entring at the beginning of the year and their not laying down their Office upon the Creation of a Dictator made some hold 'em to be no Magistrates but rather a Curb and Restraint to all others Notwithstanding the disproportionate Greatness of these Tribunes Power it was considerably limited by these two Things which they scarcely perceiv'd at the Beginning The first was their Confinement to the City Walls out of which they had no authority neither was it lawful for 'em to be absent from the City a day Dion says not an hour The second was their Number for any one of the ten had a Negative Vote and this was the only effectual means to moderate the Power which they afterwards assumâ—d the Patritians generally prevailing with one of the ten to be of their side which was sufficient to hinder the Designs of all the rest This was the first great Retrenchment of the Consular Power besides what had been caus'd by Poplicola before and now the Commonwealth was turn'd from an Aristocracâ— to a Democracy or at least to a Mixture of both The Awe which this Sacrosanct Magistracy had upon most People gave 'em occasion afterwards to enlarge their Power and Authority and to become most extravagantly Imperious assembling and dismissing the Senate imprisoning the Consuls and the like as shall be more particularly shewn afterwards So that they often prov'd the Cause of many dangerous Seditions and Tumults and were the greatest Disturbers of the Peace of the Common-wealth insomuch that they were by some Authors call'd Pestes Reipublicae This remarkable Innovation on the Government hapned in the 260th Year of the City 46 after the Ruine of the Babylonian and the Beginning of the Persian Empire and in the third Year of the 71st Olympiad CHAP. III. From the Creation of the Tribunes of the People to the Second Intermission of the Consular Power by the Decemviri Containing the space of 42 Years I. THE Commons having got a Confirmation of the Office of Tribunes from the Senate obtain'd further that they might yearly chuse two out of their own Body to assist these Officers These were first call'd Ministers and Assistants of the Tribunes but afterwards Aediles ab Aedibus curandis because one part of their Office was to take care of the Repairing the Publick Buildings Aqueducts and Common-Sewers especially the Temple of Ceres where all the Plebiscita or Ordinances of the Commons were kept of which they had an Oversight Besides the care of the Publick Buildings they were by the Permission of the Tribunes to determine some particular Controversies to look after such as held more Land than the Laws allow'd 'em to accuse such Matrons as liv'd Scandalously to punish excessive Usurâ—rs and Extortioners to restrain Tipling and Gaming-houses to Fine Persons for lewd and uncivil Words or Actions to Correct false Weights and Measures to provide Bread-Corn and Oyl in the time of Famine and to see that the same was not hoarded up nor the Markets forestall'd as also to take care that necessary Provisions were sent to the Armies and the like About 127 Years after were added two more out of the Patritians call'd Aediles Curules who shall be spoken of in their proper Place After the Commons had obtain'd these Officers and what else they desir'd they readily listed themselves to go against the Vâ—lsci under Posthumius the Consul He soon took Longula and Polustia from 'em then invested Corioli a strong City and the Metropolis of the Nation but the Antiates marching to its relief he left part of his Army under T. Largius and with the other advanc'd to give the Enemy Battel Largius in the mean time attempting to Storm the Town the Besieg'd receiv'd him with so much Courage and Vigour that the Romans were driven back to their Trenches in great Disorder but Caius Marcius a valiant Patritian formerly mention'd with a small Party most couragiously stood the Enemies Shock and with a wonderful Bravery forc'd 'em back into the Town whom he follow'd so close at their Heels that he went in with 'em By which the Besieg'd were so terrifi'd that not considering their own Numbers they fled to the contrary part of the City suffering him to let the rest of the Army into the Town which they soon possess'd themselves of Which done Marcius wou'd not permit the Soldiers to stay for Plunder but hastned 'em to joyn the Consul with all Speed and whilst the Armies were approaching desir'd leave of Posthumius to engage in the main Body with his Party where the chief Strength of the Enemy lay and having obtain'd that Post he behav'd himself with that admirable Courage and Conduct that the Enemy were soon overthrown The Consul gave him extraordinary Commendations owning him to be the chief Cause of the Victory and offer'd him a large Share of the Booty before the Division among the Soldiers But he modestly refus'd all but one single Horse which gain'd him greater Honour among the Soldiers and caus'd Posthumius to bestow the Surname of Coriolanus upon him for his incomparable Valour shewn at Corioli The Volsci by this Overthrow were forc'd to Submission and made their Peace This same Year was the League of Confederacy renew'd with the Latines and likewise a third Feria or Holy-day appointed by the Senate for the Union of the Nobility and Commons the first being for the Conquest of Hetruria in the fifth Kings Reign and the second for the Banishment of Tarquin This Year also dy'd Menenius
sick Men into Bithynia whereof 15000 were intercepted and then to retire himself with the rest that could escape the great Slaughter which the Romans made in their Flight During the time of this double Siege Eumachus one of Mithridates's Commanders made Inrodes into Phrygia subdu'd Pisidia and Isauria and endeavoured to do the like to Cilicia 'till he was Repulsâ—d by Deiotarus one of the Governours of Galatia But Lucullus improv'd his Success by Land by gaining many Victories at Sea where he took several of Mithridates's Commanders and closely pursu'd the King himself Mithridates flying with more Speed than Discretion had been Cast away but that he was receiv'd into a Pirate's Vessel to which he was glad to commit himself in so great a Danger and at length after many Difficulties got into his own Kingdom whither Lucullus pursu'd him having taken in all Bithynia and Paphlagonia in in his Way and this was his first Years Expedition Mithridates made all possible Preparations for Resistance sending to Tigranes and others for Aid and within the space of a Year he got together 40000 Foot and 4000 Horse with which he once or twice gain'd some Advantage over the Romans and struck some Terror into the Soldier But Lucullus found Means to cut offâ— most of his Cavalry which with the Loss of a Battel soon after so terrify'd him that he quitted his Kingdom and fled into Armenia to Tigranes who entertain'd him like a King but refus'd to admit him to his Presence All Pontus except a few Places yielded to Lucullus in a Short space and Machares King of Bosphorus sent this General a Crown of Gold by which he purchas'd the Title of his Friend and Allie This was the fourth Year of his Expedition in which Year also was happily finish'd the War with Spartacus the Gladiator in Italy This Person with seventy four of his Companions having broken out of their Fencing School at Capua fled away and wandring through all the Country round and vastly encreasing in their Numbers commenc'd a dangerous War in Italy They at last had gather'd together an Army of about 70000 Men most Vagabonds and such kind of People and all pretenders to Liberty and had besides overthrown many of the Roman Commanders and two of their Consuls till at last they were Conquer'd and despers'd by Licinius Crassus the Prooonâ—ul in Apulia a Person of great Nobility and Riches and after many Troubles and Calamities in Italy the War was ended in the third Year by him About the same time a Lustrum being performâ—d in Rome 450000 Free Citizens were Poll'd the City still encreasing in Bulk and People and the Inhabitants in Learning and Politeness as well as Corruption and Factions Lucullus having still the Management of the War against Mithridates follow'd him into Armenia sending to Tigranes King of that Country to demand him Tigranes was a very powerful Monarch having lately Conquer'd several Nations and Kings which made him so intolerably Proud that when he rode abroad he would have four of his Subduâ—d Kings run by his side like Lacqueys and when he sat on his Throne to stand before him with folded Hands in token of Subjection Tigranes being now abroad in reducing Phoenicia Lucullus's Messenger found Opportunity to draw over many to his side who had been much dissatisfy'd at his proud and insulting Carriage Tigranes at his return refus'd to deliver up Mithridates and likewise to acknowledge Lucullus as a General because he had not given him the Title of King of Kings Whereupon Lucullus suddenly passâ—d the River Euphrates with two Legions and about 3000 Horse which did not a little surprize Tigranes who first hangâ—d the Messenger of the News as a Disturber of the Peace and soon after sent Mithrobarzanes with 2000 Horse to Incommode his Passage leaving Mancaeus to cover the City Tigranocerta which he had lately built and went himself to Levy Forces While he was drawing together a vast Army of 250000 Foot and â—0000 Horse against the Romans Mithrobazanes was repellâ—d and Mancaeus driven from the Cover of the City and the Place immediately Invested Mithridates upon this advisâ—d him not to hazard all in a Battel but rather to starve the Romans but he slighted this Motion and contemnâ—d the Smallness of their Numbers saying That if the Romans were all Ambassadours they were a great many but if Soldiers very few pretending to over-run 'em with great Facility But Lucullus posting himself upon a Hill sent his Cavalry to provoke and draw out the Enemy so as he might break their Ranks and then setting upon the Carriage Beasts so successfully caus'd 'em to drive their Foot among their Horse that great Confusioâ— follow'd and a dreadful Slaughter continu'd all the day and Tigranocerta was surrender'd by means of certain dissatisfy'd Greeks in the Place After these Defeats another great Army was rais'd and committed to the Conduct of Mithridates They both endeavour'd to â—hem in Lucullus but were disappointed in their Design by his extraordinary Vigilancy and thus both Sides continu'd with little Action till want of Provisions constrain'd 'em to remove Tigranes Marching farther into his Kingdom and Mithridates into his with Lucullus not far behind him Fabius who had been left in Ponâ—us by Lucullus was overthrown by Mithridates and after him Triarius who imprudently Engag'd with him and lost â—000 of his Men. Soon after Mithridates taking with him all the Necessaries he couâ—d carry and destroying the rest March'd into the Lesser Armenia Lucullus wouâ—d gladly have follow'd him and might have put an End to the War but that now Acilius Glabrio this Years Consul by Glabinus the Tribunes Procurement was appointed to carry it on in his Place This being known in the Army Lucullus was lighted by his Men and Mithridates and Tigranes began to be more Successful than formerly In a short time Glabrio arriu'd at his Province and sent about to give Notice That the Senate being displeas'd with Lucullus for prolongging the War had disbanded his Army and wou'd Confiscate the Estates of such as shou'd disobey its Order Upon which all his Army abandon'd him except some few poor Men who had no great Cause to fear any loss of Estates and Lucullus being out of his Command Mithridates recover'd almost all his Kingdom and did much Damage to Cappâ—clocia Glabrio not so much as coming to his Army but lying idle in Bithynia This hapned in the seventh Year after Lucullus had undertaken the War III. About this time Pompey began to come into great Esteem among the Romans having now a new Occasion of shewing his great Abilities in War which was this The Pirates who had been first employâ—d by Mithridates finding their Profit so great had now got together many thousands of several Nations making choice of Cilicia for their Rendezvous and seeing that the War continu'd they thought it more Wisdom to damnify others than lose their own Estates They were now grown so Numerous and Powerful that
Octavius ought to have the Title of Romulus because he had founded the Empire but the more venerable Name of AUGUSTUS propounded by Munacius Planâ—us at length seem'd most agreeable for sacred Placeâ— and Temples consecrated by Augurs were term'd Augusta by the Romans Caesar tho' he much desir'd that of Romulus yet perceiving he shou'd be suspected of affecting the Title of King declin'd it and was sirnam'd Augustus intimating something in him more than Mortal and this he accepted of a Title expressing more Dignity and Reverence than Authority And Things are call'd Augusta which are most worthy of Honour and most Sacred wherefore the Greeks express it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Venerable From this Day forward began the Sovereign Power and Authority to be in the Hands of one Man and by a Law call'd Lex Regia all the Power of the People and Senate was transferr'd upon Augustus When his ten Years were expir'd ten more were added and after that as many more so that he had his Authority still continu'd for his Life for which Cause his Successors tho' they had the Power settled on 'em for the Term of Life yet at the End of every ten Years solemniz'd at it were the Renewing of it Thus Augustus Caesar became Supreme Governour of the Roman People neither by Inheritance nor Usurpation nor Conquest nor Election yet by means of 'em all This great Change of Government hapned in the 727th Year of the City A. M. 3978 in the second Year of the 188th Olympiad 482 Years since the Beginning of the Consular State 303 since the Beginning of the Macedonian Empire 33 since the Beginning of the Mix'd State 17 since the Death of Iulius Caesar and 25 before our Saviour's Nativity Here ended the greatest Common-wealth in the World and at the same time began the greatest Monarchy a Monarchy so well fix'd and firmly settled that nor all the tyrannical Carriage of those Monsters of Men that succeeded Augustus cou'd shake it a Monarchy which if it be consider'd with others as to its Power and Riches together with its Extent and Continuance there is scarce any room left for Comparison and a Monarchy which the Romans for many Years believ'd Indissoluble and Immortal The Roman Dominions were now almost brought to their utmost Extent containing in Europe Italy both the Gauls Spain Greece Illyricum Dacia Panonia with some part of Britain and Germany In Asia all those Provinces which went under the Name of Asia Minor Armenia Syria Iudaea with part of Mesopotamia and Media and in Africa Aegypt Africk Numidia Mauritania and Lybia besides many Islands and some Parts of other Provinces All which comprehended the greatest and far the best Part of Europe with very large Parts of Asia and Africa being no less than between 3 and 4000 Miles in length and about half as much in breadth As to the yearly Revenues of the Empire by a moderate Computation it has been reckon'd at â—igh forty Millions of our Money whereof Gaul paid five and that without being extremely burdensom to the People But what still makes it seem greater is what Vespasian told the Senate at his coming to the Empire that he wanted 40000000 of Sestercium's to settle the Common-wealth which amounts to 312000000 of our Money As for the Romans themselves they had now nothing so elevated a Temper either for the Greatness of Genius or the Force of the Soul as in some Time in the Republick but had something more Polite and Sociable and never were more glorious or at least more pleasant Times than now all Wars and Contests ceasing all Arts and Sciences flourishing and all Riches and Pleasures increasing In short Augustus made the World happy and was happy in the World he had nothing to desire of the Publick nor the Publick of him And considering the many Evils he occasion'd before he came to the Empire and the great Good he did after he was Emperor it was said with good Reason That he shou'd never have been born or never have dy'd But for his Actions afterwards and his further settlement of the Empire I must leave to the other Volume of this History FINIS An INDEX of the principal Things relating more particularly to the Ancient Magistrates Laws Buildings Customs c. of Rome A. ACtio Iuris Pag. 113. Aedilis 185. Aedilis Curâ—â—lis 148 149 366. Agraria Lex 96. Aprilis 23. Augustus 49. C. Candidatus 80. Capitol 37 49 264. Celer 11. Censor 124 152 365. Census 41 42. Centuria 41. Classus 41. Client 9. Cloacae 37. Comitia Centuriata 42. Comitia Curiata 9 Comitia Tributa 102. Consul 59 60 65 147 152 292 314 365. Curia 8. D. December 24. Decemviri 11â— Decuria 9. Dictator 74 75 76 151 204 207 267 355 365 380. Duumviri 28. E. Equites 242 243. F. Februarius 241 242. Fecial 21 31 32. I. Ianuarius 23. Ianus 21. Imperator 365. Interrex 18. Iugum 106. Iulian Year 361 362. Iuly 24 367. Iune 24 Iupiter Feretrius 12. Iupiter Indiges 3. Ius Civile 113. Ius Honorarium 113. L. Legatus 115. Legio 14. Lictor 11. Ludi Fescennini 150 192. Ludi Seculares 192. Ludi Terentini 193. Lustrum 42 124. M. Magister Equitum 75 355. Maia 24. Mancipium 43. Manipulares 6. Mars 23. Mercedonius 23. Months 23 24. N. November 24. Nundina 16. O. October 24. Opima Spolia 12 126 196. Ovatio 71. P. Pagus 22. Palatium 449. Patres Conscripti 10. Patres minorum Gentium 35. Patritius 9. Patronus 9. Pecunia 44. Plebeius 9. Plebiscitum 113. Pomaerium 7. Pompilian Year 23 24. Pontifex 21. Praefectus Vrbis 10. Praetor 147 148 160 195 219 366. Principalis Constitutio 113. Publicanus 243. Q. Quadrata 14. Quaestor 65 129 366. Quintilis 24 367. Quirinus 17. Quirites 14. R. Rex 8. Rex Sacrorum 53. Rostra 160. S. Salius 21. Satirus 192. Senatus 10 14 35 366. Senatus Consultum 113. September 24. Sextilis 24. Slaves 43. T. Tarpeia Rupes 13. Tribus 8 15 41 70 143 151 161 165 167 192. Tribuni Militum 123 128 131 147. Tribuni Plebis 83 84 87 89 90 106 268 292 355. Tribunus Celerum 11. Triumphus 71. Triumvirate First 293 295. Triumvirate Second 384 385. Triumviri Capitâ—les 169. Twelve Tables 112. V. Vestal Virgins 21 35. Vindicta 63. AN INDEX Of the Principal MEN and MATTERS IN THIS HISTORY A. ACtium See Battel Aemilius Paulus his Actions in the Second Macedonian War Page 228 229 Aeneas his Arrival and Settlement in Italy 3 Afranius and Petreus their War against Julius Caesar and their Losses 329 330. Their Deaths 358 Agrippa Menenius See Menenius Agrippa Vipsanius beats young Pompey 410. And Anthony ' s Forces at Actium 424. His Speech to Octavius about his laying down the Empire 440 441 Allobrogick War 251 252 Ancus Marcius the fourth King of Rome his Reign 30 to 34 Annibal the Carthaginian general See Hannibal Annibal the Carthaginian Admiral his ill Successes and Death 184 185 Anthony See
their Designs that the Law cou'd not be pass'd These Disturbances were a little diverted by the Enemies March as far as Tusculum against whom Siccius went as Volunteer where the Consuls put him upon a most desperate Attempt which gain'd him the highest Honour instead of procuring his Ruin as they imagin'd it wou'd have done A notable Victory was gain'd over the Aequi by his Means and he reveng'd himself upon the Consuls by preventing their Triumph this Year and by getting 'em fin'd the next when he himself was made one of the Tribunes Upon which a Law pass'd in the Centuriata Comitia That all Magistrates shou'd have Power to punish such as violated their Authority which before was only the Priviledge of the Consuls But not by any Fine exceeding two Oxen or thirty Sheep which Law was long observ'd by the Romans This new Law pleas'd the People and all now being a little more moderate the whole Body of Rome began to consider of Ways and Methods to settle the Government more firmly and to prevent all dangerous Feuds for the Future thereupon it was agreed That Ambassadors shou'd be sent to the Greek Cities in Italy and to Athens to bring such Laws from thence as were most excellent and most convenient for the good of the Commonwealth For this great Design Posthumius Sulpicius and Manlius were fix'd upon and Gallies assign'd for their use suitable to the Majesty of the Roman People The Year following there hapned a great Famine and a most grievous Plague to the great Damage of the City And the Year after the Ambassadors return'd out of Greece with their Laws presently after which the Tribunes requir'd that Law-makers might be appointed and after many grave and prudent Debates and some Opposition it was Granted The Method that they all agreed upon was That Ten Men out of the Chief of the Senate shou'd be elected whose Power continuing for a Year shou'd be the same with that of Kings and Consuls and that without any Appeal that all other Magistracies shou'd lay down their Authorities till they might be renew'd according to the Laws This was agreed on by the Senate and confirm'd by the People and the Consuls elect immediately resigning their Office were made part of the Decemvirate and also the Tribunes Aediles Quaestors c. were divested of all Power and Authority This was a most remarkable Change of Government as great as that from Kings to Consuls and was the second sort of Intermission of the Consular Power which hapned in the second Year of the 82d Olympiad 302 Years after the Building of the City 57 after the Banishment of Tarquin 30 after Xerxes's Expedition into Greece and 450 before our Saviour's Nativity CHAP. IV. From the Creation of the Decemviri to the Third Intermission of the Consular Power by the Military Tribunes Containing the space of 8 Years I. THE ten Persons chosen by the Centuriata Comitia for this high Office were Appius and Genutius the late Consuls elect Posthumius Sulpicius and Manlius the three Ambassadors Sextius and Romulius former Consuls with Iulius Veturius and Horatius all Senators These being invested with almost absolute Power agreed that only one of 'em at one time shou'd have the Fasces and other Consular Ensigns to which they were to succeed by Turns for a certain limitted Time till the Year came about And he whose Turn it was for the time being assembled the Senate confirm'd the Decrees and did all other Things that belong'd to a chief Magistrate to do the rest to avoid Envy and Suspicion differ'd little in Habit from private Persons having only an Accensus or a sort of a Beadle going before ' em These great Men for a time manag'd all things with such Justice and Moderation that the Commonwealth seem'd most Hapy under them and Appius above the rest grew exceeding Popular carrying away the chief Praise from the whole Colledge having indeed greater and more secret Designs than the rest At length having made a Model out of such Laws as were brought from Greece and their own Countries Customs they expos'd 'em to the View of all Men in Ten Tables that any one might make Exceptions When all were approv'd of a Senatus Consultum pass'd Nemine contradicente for the ratifying of these Laws and the Question being put to the People in the Centuriata Comitia they were most Religiously and Ceremoniously confirm'd in the Presence of the Pontifices Augurs and Priests then they were ingraven in Brass some say Ivory and plac'd for publick View in the most conspicuous Part of the Forum The Year being almost expirâ—d the Decemviri mov'd the Senate for a Continuance of this Office and after a great Debate it was resolv'd by them to have the same kind of Magistracy for the following Year because something seem'd yet Wanting to the new Model but especially because this Office Suspended the Tribune-ship which had been an intolerable Burden to the State A Comitia was appointed on purpose where the most Ancient and Honourable of the Fathers stood for this Office fearing if it fell into the Hands of turbulent Persons it might prove very dangerous to the Peace of the Common-wealth Appius had now gain'd the Hearts of the People and his Behaviour and Actions were extoll'd to the Skies therefore they labour'd earnestly to retain him in his Place but he cunningly desir'd to be excus'd the Undertaking such a troublesome and ungrateful Work But at last overcome as it were by the Intreaties of the People he plac'd himself among the Candidates where by a crafty Insinuation of his own Services and a malicious Accusation of the other Patritians as owing him a Spight for his publick Spirit he not only made way for himself but for his Friends too He procur'd to be chosen with himself Fabius a former Consul Cornelius Servilius Minucius Antonius and Rabulius all Patritians and Petilius Duellius and Oppius all Plebeians whom he took in the more to Ingratiate himself with the Rabble saying It was very just that the Commons shou'd have a Share in that Magistracy which was to Govern and Command all On the first Day after their Creation they all made their Appearance with Regal Ensigns which exceedingly terrify'd the People especially the Axes now added again to the Rods which Poplicola had laid aside to prevent the Dissatisfaction of the Common Sort. The first thing the Decemviri did was their promising each other by Oath To be of one Mind to retain the Power in their own Hands to be of equal Authority among themselves and to admit none into their Number never to make use of Senatus Consultum ' s and Plebiscitum ' s but in Case of Necessity Acting most Things by Vertue of their own Power These things they observ'd with great Exactness nothing valuing the Roman Senate and People and exercising their Authority with all Licentiousness By which Means it came to pass that they being both Legislators
and Judges many Citizens were unjustly put to Death and others illegally depriv'd of their Estates whose Causes they all formally judg'd that they might make the greater Shew and Pretence of Justice Accusers were subborn'd out of their Dependents each one affording all Assistance herein to his Collegue and such private Persons as had Suits depending had no other way to secure their Causes but by joining themselves with the Judges Party so that in a short time most of the Citizens were also Corrupted And such as were most offended at the Extravagancy of the Decemvires Actions withdrew themselves waiting for a new Creation of Magistrates One very memorable Thing was done by 'em this Year which was their adding two Tables of Law to the ten that were made the Year before whereof one forbad all Marriages between the Patritians and Plebeians These two together with the other ten always went by the name of the Laws of the Twelve Tables being much talk'd of by many Authors and extreamly commended by Cicero as containing Matters of the greatest Policy and excelling the Libraries of all the Philosophers They were divided into three Parts whereof the first contain'd what belong'd to the Religion of the Romans the second what concern'd the Publick and the third the Rights of private Persons These Laws being establish'd it necessarily follow'd that Disputations and Controversies wou'd arise which requir'd the Interpretation and Determination of the Learned Now this Interpretation or this unwritten Law fram'd by the Learned was call'd by the common Name of Ius Civile or Civil Law Besides certain Cases were compos'd out of these Laws almost at the same time which Cases least the People shou'd make 'em at their Pleasure were to be certain and solemn and this part of Law was call'd Actiâ—nâ—s Iuris or Cases at Law So that almost at the same time arose these three sorts of Law Namely the Laws of the Twelve Tables call'd barely Leges the Civil Law and the Cases at Law The rest of the Roman Laws that were either before or after these according to Pomponius were of these sorts namely a Plebiscitum made by the Commons without the Authority of the Fathers or an Edict of a Magistrate call'd Ius Honorarium or an Ordinance of the Senate by their sole Authority call'd Senatus Consultum or Lastly that call'd Principalis Constitutio which was Enacted by the Prince or the Emperor But to return to the Decemviri who now neither regarded the Approbation of Senate nor People but in a meer Arbitrary Way continu'd themselves in Power for the Year following which was the third of the Decemvirate They so manag'd the Affairs that in a short time even the most considerable of the Citizens Patritians and others were either Murder'd or forc'd to quit the City At the same time the Sabines and Aequi began to invade the Roman and Latine Territories which did not a little startle the Decemviri because they found no means of Resistance without first assembling the Senate which had been laid aside for some considerable time At this pressing Juncture a Senate was at last call'd where Appius in a premeditated Oration propounded the Business of the War Upon which Valerius the Grand-Son of Poplicola first stood up and tho' Appius commanded him to forbear violently exclaim'd against the Tyranny of the present Usurpers He being forc'd to Silence was seconded by Marcus Horatius Grand-son to Poplicola's Collegue who having express'd great Indignation against the Decemviri threatned to have him cast Headlong down the Tarpeian Rock All the Senators exclaim'd against this as the highest Breach of their Priviledges and an intollerable piece of Injustice Whereat the Ten a little repenting this Rashness began to excuse themselves saying They hinder'd none of the Liberty of speaking to the Matter propounded but interrupted all Seditious Orations which they might do by their Power of Consuls and Tribunes receiv'd from the People not for a Year or any limitted Time but till the great Work of the Laws shou'd be finish'd until which they were resolv'd to Act and wou'd then give an Account of their Administration The Design of Tyranny and Slavery too openly appear'd under this Veil whereupon Claudius Appius's Uncle stood up and very handsomely expos'd the Arbitrary and Tyrannical Carriage of his Nephew and nine Companions plainly demonstrating that this War was solely occasion'd by the present Distempers of the State withal advising the Senators to resolve nothing till the accustom'd Magistrates were first Created Many of the younger Sort were of Opinion that the present Urgency requir'd the War to be committed to the Management of the Decemviri and others were for creating a Dictator which Opinion had the most plausible Appearance of any So that the House was very much divided many out of Fear either of the Decemviri or the Enemies having alter'd their first Intentions Appius took Advantage of these Divisions and look'd upon his own Parties Votes as a â—ufficient Determination whereupon he immediately commanded the Clerk to draw up a Senatus Consultum whereby full Power of Levying Forces and Commanding them was given to the Decemviri and straight the Senate was dismiss'd to the great Dissatisfaction of many This new way of Proceeding made Horatius and Valerius stand upon their own Defence gathering together their Clients and Dependents and caus'd Claudius to go over to the Sabines where he liv'd And notwithstanding all the Care and Provision of the Decemviri great Multitudes follow'd his Example leaving their Native Seats with their Wives and Children and went into a voluntary Exile II. The Decemviri divided their Army into three Parts whereof on continu'd with Appius and Oppius in the City and the other two were commanded by their Collegues one against the Aequi and the other against the Sabines The Aequi forc'd the Romans to abandon their Camp and fly shamefully which causâ—d great Joy in Rome among the Enemies of the Decemviri So thar Appius fearing some Attempt wrote to his Collegues in the Army to destroy their known Adversaries by any Means which was Effected upon several But at Rome among many others Siccius Dentatus the Roman Achilles as he was called blam'd the Commanders as Cowards and Unskilful whereupon Appius to secure him with good Words perswaded him to go as Lieutenant or Legatus â—o the Army then lying at Crustumeria against the Sabines Siccius without any suspicion or distrust undertook the Employment for the Office of Legatus was most Sacred and Honourable among the Romans having the Power and Authority of a General and the Inviolableness and Veneration of a Priest Upon his Arrival at the Camp he was sent out with a Party of 100 Men who had strict Orders to Murder him where he shew'd such incredible Strength and Valour that he kill'd fifteen of 'em himself and wounded twice as many as Dionysius relates it so that at length they were forc'd to throw Darts and