Diligence procure any Levies to be made because the Tribunes of the Commons oppos'd all their Orders and wou'd let no Soldiers be listed 'till their Petition had been canvass'd in the Senate In this exigency the Fathers were call'd together and after the Business had been a long time debated with great Heat and Tumult at last pitch'd upon this Expedient That Three Magistrates shou'd be elected out of each Order who being invested with the whole Consular Power at the end of the Year it shou'd be in the liberty of the Senate and People to have that Office or Consuls for the following Year Both Parties readily embrac'd this Proposal and accordingly proceeded to an Election where though the whole design of this Stir had been purely to encrease the Honour of the Commons yet when the matter came to be put to the Vote they chose none of that Order to the new Magistracy but conferr'd the Honour on Three of the most eminent Patricians with the Title of Tribuni Militum Consulari potestate about A. V. C. 310. The first Tribunes having held their Dignity no longer than seventy Days were oblig'd to quit it by reason that the Augurs had discover'd some Flaw in their Election and so the Government return'd to its former course the Supreme Command resting in the hands of the Consuls (b) Liv. lib. 4. Dionys lib. 11. Afterwards they were some Years chose and some Years pass'd by having rose from Three to Six and afterwards to Eight and the Plebeians being admitted to a share in the Honour 'till about A. V. C. 388. they were entirely laid aside CHAP. XIII Civil Offices of less Note or of less frequent Occurrence in Authors and of the Publick Servants THERE are several Officers behind who deserve little more than to be nam'd either by reason of their low Station in the Commonwealth or because they are very seldom mention'd in our ordinary Classicks Among these we may take notice of those that follow Interrex the Supreme Magistrate who govern'd between the Death of one King and the Election of another This Office was took by turns by the Senators continuing in the hands of every Man five Days (a) Dionys. lib. 2. Livy lib. 1. or if we believe Plutarch (b) In Numb only twelve Hours at a time We sometimes meet with an Interrex under the Consular Government created to hold Assemblies when the ordinary Magistrates were either absent or disabled to act by reason of their undue Election Tribunus or Praefectus Celerum the Captain of Romulus's Life-guard which consisted of Three hundred of the stoutest young Men and of the best Families in the City under the Name of Celeres or Light-Horse Praefectus Vrbis a sort of Mayor of the City created by Augustus at the Advice of his Favourite Maecenas upon whom at first he conferr'd the new Honour (c) Dio. lib. 52. Tâ—â—uus Annal. lib. 4 3. He was to precede all other City-Magistrates having power to receive Appeals from the inferiour Courts and to decide almost all Causes within the Limits of Rome or an hundred Miles round Before this there was sometimes a Praefectus Vrbis created when the Kings or greater Officers were absent from the City to administer Justice in their room (d) Ibid. Praefectus Aerarii an Officer chose out of such Persons as had discharg'd the Office of Praetors by Augustus to supervise and regulate the Publick Fund which he rais'd for the maintenance of the Army (e) Dio. lib 53. This project was reviv'd by several of his Successors Praefectus Praetorio created by the same Emperour to Command the Praetorian Cohorts or his Life-guard who borrow'd their Name from the Praetorium or General 's Tent all Commanders in Chief being anciently styl'd Praetores His Office answer'd exactly to that of the Magister Equitum under the old Dictators only his Authority was of greater extent being generally the highest Person in Favour with the Army And therefore when the Soldiers once came to make their own Emperours the common Man they pitch'd upon was the Praefectus Praetorio Praefectus Frumenti and Praefectus Vigilum both owing their Institution to the same Augustus The first was to inspect and regulate the distribution of Corn which us'd to be often made among the common People The other commanded in Chief all the Soldiers appointed for a constant Watch to the City being a Cohort to every two Regions His Business was to take cognizance of Thieves Incendiaries idle Vagrants and the like and had the Power to punish all petty Misdemeanours which were thought too trivial to come under the care of the Praefectus Vrbis In many of these inferiour Magistracies several Persons were join'd in Commission together and then they took their Name from the number of Men that compos'd them Of this sort we meet with the Triumviri or Tresviri Capitales the Keepers of the Publick Gaol they had the Power to punish Malefactors like our Masters of the Houses of Correction for which Service they kept eight Lictors under them as may be gather'd from Plautus Quid faciam nunc si Tresviri me in carcerem compegerint Inde cras è promptuariâ cellâ depromar ad flagrum Ita quasi incudem me miserum octo homines validi caedent (f) In Amphytr Triumviri Nocturni mention'd by Livy (g) Lib. 9. and Tacitus (h) Annal. lib. 5. instituted for the prevention of Fires in the Night Triumviri Monetales the Masters of the Mint Sometimes their Name was wrote Triumviri A. A. Ae. F. F. standing for Auro Argento Aere Flando Feriendo Quatuorviri viarum curandarum Persons deputed by the Censor to supervise the Publick Ways Centum viri and Decemviri litibus judicandis The first were a Body of Men chose Three out of every Tribe for the judging of such Matters as the Praetors committed to their Decision which are reckon'd up by Cicero in his First Book de Oratore The Decemviri seem to have been the principal Members of the Centumvirate and to have presided under the Praetor in the Judicia Centumviralia These were some of the first Steps to Preferment for Persons of Parts and Industry as was also the Vigintiviratus mention'd by Cicero Tacitus and Dio which perhaps was no more than a select part of the Centumviri There are other Officers of as little note behind who had no fix'd Authority but were constituted upon some particular occasions Such as the Duumviri perduellionis sive Capitales Officers created for the judging of Traitors They were first introduc'd by Tullus Hostilius continu'd as often as Necessity requir'd under the rest of the Kings and sometimes under the Consular Government at its first Institution But after they had been laid down many Years as unnecessary Cicero in the latter times of the Common-wealth complains of their revival by Labienus Tribune of the Commons (i) Cicero Orat. pro C. Raâ—â—rio Perduellionis Reo Quaestores or
Instrument CHAP. XI The Ensigns and Colours the Musick the Word in Engagements the Harangues of the General THERE are several things still behind relating to the Army very observable before we come to the Camp and Discipline such as the Ensigns the Musick the Word or Sign in Engagements and the Harangues of the General As to the Ensigns they were either proper to the Foot or to the Horse Ensigns belonging to the Foot were either the common one of the whole Legion or the particular ones of the several Manipuli The common Ensign of the whole Legion was an Eagle of Gold or Silver fix'd on the top of a Spear holding a Thunderbolt in his Talons as ready to deliver it That this was not peculiar to the Romans is evident from the Testimony of Xenophon who informs us That the Royal Ensign of Cyrus was a golden Eagle spread over a Shield and fastned on a Spear and that the same was still us'd by the Persian Kings (a) De Instit Cyri lib. 7. What the Ensigns of the Manipuli formerly were the very Word points out to us for as Ovid expresses it Pertica suspensos portabat longa Maniplos Vnde Maniplaris nomina miles habet Manipulus properly signifying a Wisp of Hay such as in ruder times the Soldiers carried on a Pole for an Ensign But this was in the rustick Age of Rome afterwards they made use of a Spear with a transverse piece on the top almost like a Cross and sometimes with a Hand on the top in allusion to Manipulus below the transverse part was fastned one little orbicular Shield or more in which they sometimes placed the smaller Images of the Gods and in later times of the Emperours Augustus order'd a Globe fastned on the head of a Spear to serve for this Use in token of the Conquest of the whole World The Ensign of the Horse was not solid as the others but a Cloth almost like our Colours spreading on a Staff On these were commonly the Names of the Emperours in Golden or Purple Letters The religious Care the Soldiers took of the Ensigns was extraordinary they worshipp'd them swore by them and incurr'd certain death if they lost them Hence 't was an usual Stratagem in a dubious Engagement for the Commanders to snatch the Ensigns out of the Bearers hands and throw them among the Troops of the Enemy knowing that their Men wou'd venture the extreamest Danger to recover them As for the several kinds of Standards and Banners introduc'd by the later Emperours just before Christianity and afterwards they do not fall under the present Enquiry which is confin'd to the more flourishing and vigorous Ages of the Common-wealth The Romans us'd only Wind-Musick in their Army the Instruments which serv'd for that purpose may be distinguish'd into the Tuba the Cornua the Buccinae and the Litui The Tuba is suppos'd to have been exactly like our Trumpet running on wider and wider in a direct Line to the Orifice The Cornua were bended almost round they owe their Name and Original to the old Horns of Beasts put to the same use in the ruder Ages The Buccinae seem to have had the same rise and may derive their Name from Bos and Cano. 'T is very hard to distinguish these from the Cornua unless they were something less and not quite so crooked Yet 't is most certain that they were of a different Species because we never read of the Cornua in use with the Watch or Sentinels but only these Buccinae The Litui were a middle kind between the Cornua and the Tuba being almost straight only a little turning in at the top like the Lituus or sacred Rod of the Augur whence they borrow'd their Name Signorum Milites genera Sagitarius Funditor Legionarius Due Milites cum Utensibus Besides this Classicum or Alarm the Soldiers gave a general Shout at the first Encounter which in later Ages they call'd Barritus from some German Original This Custom seems to have rose from an Instinct of Nature and is attributed almost to all Nations that engag'd in any Martial Action as by Homer to the Trojans by Tacitus to the Germans by Livy to the Gauls by Quintus Curtius to the Macâ—donians and Persians by Thucydides Plutarch and other Authors to the Grecians Polyaenus honours Pan with the invention of the Device when he was Lieutenant-General to Bacchus in the Indian Expedition and if so we have a very good Original for the Terrores Panici or Panick Fears which might well be the consequence of such a dismal and surprizing Clamour The Romans made one addition to this Custom at the same time clashing their Arms with great violence to improve the Strength and Terrour of the Noise This they call'd concussio Armorum The Signs of Battel besides the Classicum were either a Flag or Standard erected for that purpose which Plutarch in two several places calls a Purple Robe or more properly some Word or Sentence communicated by the General to the Chief Officers and by them to the whole Army This commonly contain'd some good Omen as Felicitas Libertas Victoria Fortuna Câ—saris and the like or else the Name of some Deity as Julius Caesar us'd Venus Genetrix and Augusius Apollo The old Tessera put to this use seems to have been a sort of Tally deliver'd to every Soldier to distinguish him from the Enemy and perhaps on that they us'd to inscribe some particular Word or Sentence which afterwards they made use of without the Tally One great Encouragement which the Soldiers receiv'd in the entrance on any Adventure was from the Harangue of the General who upon the undertaking an Enterprize had a Throne erected with green Turf surrounded with the Fasces Ensigns and other Military Ornaments from whence he address'd himself to the Army put them in mind of the noble Atchievements of their Ancestors told them their own Strength and explain'd to them the Order and Forces of the Enemy raising their Hopes with the glorious Rewards of Honour and Victory and dissipating their Fears by all the Arguments that a natural Courage and Eloquence could suggest This Custom tho' now laid aside as antiquated and useless is yet highly commended in the ancient Discipline and without doubt has been often the cause of extraordinary Successes and the means of stiffing Sedition hindring rash Action and preventing many unfortunate Disorders in the Field CHAP. XII The Form and Division of the Roman Camp THE Romans were more exact in nothing than in forming their Camp and two very great Commanders Philip of Macedon and King Pyrrhus upon view of their admirable Order and Contrivance herein are reported to have express'd the greatest Admiration imaginable of the Roman Art and to have thought them more than Barbarians as the Grecians term'd all People besides themselves Before we take a particular Prospect of the Camp we had best distinguish between the Câ—stra Aestiva and Castra Hiberna The former
on the Pilasters be true were the Work of Phidias and Praxiteles (n) Fabricii Roma cap. 3. This Hill was added to the City by Numa (o) Dionys Halicarn lib. 2. To the East it has Mons Esquilinus and Mons Viminalis to the South the Forums of Caesar and Nerva to the West the level Part of the City to the North Collis Hortulorum and the Campus Martius (p) Fabricis Roma cap. 3. In compass almost three Miles (q) Marlian lib. 1. cap. 1. Mons Coelius owes its Name to Coelius or Coeles a famous Tuscan General who pitch'd his Tents here when he came to the assistance of Romulus against the Sabines (r) Varro de Ling. Lat. Lib. 4. Livy (Å¿) Lib. 1. cap. 30. and Dionysius (t) Lib. 3. attribute the taking of it in to Tullus Hostilius but Strabo (u) Geograph lib. 5. to Ancus Martius The other Names by which it was sometimes known were Querculanus or Quercetulanus and Augustus The first occasion'd by the abundance of Oaks growing there the other impos'd by the Emperour Tiberius when he had rais'd new Buildings upon it after a Fire (w) Tacit. Ann. 4. Suet. in Tib. cap. 48. One part of this Hill was call'd Coeliolus and Minor Coelius (x) Fabricii Roma cap. 3. To the East it has the City-Walls to the South Mons Aventinus to the West Mons Palatinus to the North Mons Esquilinus (y) Ibid. In compass about two Miles and a half (z) Marlian lib. 1. cap. 1. Mons Esquilinus was anciently call'd Cispius and Oppius (a) Fabricii Roma cap. 3. the Name of Esquilinus was varied for the easier pronounciation from Exquilinus a Corruption of Excubinus ab excubiis from the Watch that Romulus kept here (b) Vid. Propert. lib. 2. Eleg. 8. It was taken in by Servius Tullius (c) Liv. lib. 1. cap. 44. who had here his Royal Seat (d) Ibid. Varro will have the Esquiliae to be properly Two Mountains (e) De Ling. Latin lib. 4. which Opinion has been since approv'd of by a curious Observer (f) Marlian lib. 1. cap. 1. To the East it has the City Walls to the South the Via Labicana to the West the Valley lying between Mons Coelius and Mons Palatinus to the North Collis Viminalis (g) Fabricii Roma cap. 3. In Compass about four Miles (h) Marlian lib. 1. cap. 1. Mons Viminalis derives its Name from the * Vimina Osiers that grow there in great Plenty This Hill was taken in by Servius Tullius (i) Dionys lib. 4. To the East it has the Campus Esquilinus and to the South part of the Suburra and the Forum to the West Mons Quirinalis to the North the Vallis Quirinalis (k) Fabricii Roma cap. 3. In Compass Two Miles and an half (l) Marlian lib. 1. cap. 1. The Name of Mons Aventinus has given great Cause of Dispute among the Criticks some deriving the Word from Aventinus an Alban King (m) Varro de Ling. Lat. lib. 4. some from the River Avens (n) Ibid. and others Ab avibus from the Birds which us'd to fly hither in great Flocks from the Tiber (o) Ibid. It was call'd too Murcius from Murcia the Goddess of Sleep who had here a Sacellum or little Temple (p) Sext. Pomp. Festus Collis Dianae from the Temple of Diana (q) Martial and Remonius from Remus who would have had the City begun in this place and was here buried (r) Plutarch in Romal A. Gellius affirms (s) Lib. 13. cap. 14. that this Hill being all along reputed Sacred was never inclos'd within the Bounds of the City 'till the time of Claudius But Eutropius (t) Lib. 1. expresly attributes the taking of it in to Ancus Maritius and an old Epigram inserted by Caspinian in his Comment on Cassiodorus confirms the same To the East it has the City Walls to the South the Campus Figulinus to the West the Tiber to the North Mons Palatinus (u) Fabricii Roma cap. 3. In Circuit eighteen Stadia or Two Miles and a quarter (w) Marlian lib. 1. cap 1. Besides these Seven principal Hills Three other of inferiour note were taken in in later times Collis Hortulorum or Hortorum had its Name from the famous Gardens of Sallust adjoining to it (x) Rosin lib. 1. cap. 11. It was afterwards call'd Pincius from the Pincii a Noble Family who had here their Seat (y) Ibid. The Emperour Aurelian first inclos'd it within the City Walls (z) Ibid. To the East and South it has the plainest part of Mons Quirinalis to the West the Vallis Martia to the North the Walls of the City (a) Fabricii Roma cap. 3. In Compass about Eighteen Stadia (b) Marlian lib 1. câ—p 1. Janiculum or Janicularis was so call'd either from an old Town of the same Name said to have been built by Janus Or because Janus dwelt and was buried here (c) Rosin lib. 1. cap. 11. Or because 't was a sort of * Janua Gate to the Romans whence they issu'd out upon the Tuscans (d) Festus The Sparkling Sands have at present given it the Name of Mons aureus and by corruption Montorius (e) Fabricii Roma cap. 3. We may make Two Observations about this Hill from one Epigram of Martial That 't is the fittest place to take ones Standing for a full Prospect of the City and that 't is less inhabited than the other Parts by reason of the grossness of the Air (f) Marlial Epig. lib. 4. Ep. 64. It is still famous for the Sepulchres of Numa and Statius the Poet (g) Fabricii Rom. lib 1. cap. 3. To the East and South it has the Tiber to the West the Fields to the North the Vatican (h) Ibid. In circuit as much of it as stands within the City Walls Five Stadia (i) Marlian lib. 1. cap. 1. Mons Vaticanus owes its Name to the Answers of the Vates or Prophets that us'd to be given here or from the God Vaticanus or Vagitanus (k) 〈◊〉 It seems not to have been inclos'd within the Walls 'till the time of Aurelian This Hill was formerly famous for the Sepulchre of Scipio Africanus some Remains of which are still to be seen (l) Warcup's Hist of Italy Book 2. But it is more celebrated at present on the account of St. Peter's Church the Pope's Palace and the noblest Library in the World To the East it has the Campus Vatioanus and the River to the South the Janiculum to the West the Campus Figulinus or Potters Field to the North the Prata Quintia (m) Fabricii Roma cap. 3. It lies in the shape of a Bow drawn up very high the convex Part stretching almost a Mile (n) Marlian lib. 1. cap. 1. As to the extent of the whole City the greatest we meet with in History was in the
Tradition is for Wit allow'd The Mimick yearly gives the same Delights And in the Mother's Arms the clownish Infant frights Their Habits undistinguish'd by Degree Are plain alike the same Simplicity Both on the Stage and in the Pit you see * Mâ— Dryâ—en Some Remains of this Theatre of Pompey are still to be seen at Rome as also of those other of Marcellus Statilius Taurus Tâ—berius and Titus the second being almost entire (p) Fabric Rom. cap. 12. The Circo's were places set apart for the celebration of several sorts of Games which we will speak of hereafter They were generally oblong or almost in the shape of a Bow (q) Marlian Topog. Râ—m Ant. lib. 4. cap. 10. having a Wall quite round (r) Pelydor Virg. de Rer. invent lib. 2. cap. 14. with Ranges of Seats for the convenience of the Spectators At the entrance of the Circus stood the Carceres or Lists whence they started and just by them one of the Metae or Marks the other standing at the farther end to conclude the Race There were several of these Circi in Rome as those of Flaminius Nero Caracalla and Severus But the most remarkable as the very Name imports was the Circus Maximus first built by Tarquâ—â—â—us Priscus (Å¿) Livy Dionys Halic The length of it was four Stadia or Furlongs the breadth the like number of Acres with a Trench of ten foot deep and as many broad to receive the Water and Seats enough for a Hundred and fifty thousand Men (t) Dionys lib. 3. It was extreamly beautified and adorn'd by succeeding Princes particularly by Julius Caesar Augustus Caligula Domitian Trajan and Heliogabalus and enlarg'd to such a prodigious extent as to be able to contain in their proper Seats Two hundred and sixty thousand Spectators (u) Plin. lib. 36. The Naumachiae or Places for the Shows of Sea-Engagements are no-where particularly describ'd but we may suppose them to be very little different from the Circo's and Amphitheatres since those sort of Shows for which they were design'd were often exhibited in the fore-mention'd places (w) Marlian Topog. Rom. Ant. lib. 4. cap. 13. Odeum was a publick Edifice much after the manner of a Theatre (x) Fabric Rom. cap. 12. where the Musicians and Actors privately exercis'd before their appearance on the Stage (y) Rosin lib. 5. cap. 4. Plutarch hath describ'd one of these Odeum's at Athens whence to be sure the Romans took the hint of theirs in the following Words For the contrivance of it on the inside it was full of Seats and Ranges of Pillars and on the out-side the Roof or Covering of it was made from one point at top with a great many Bendings all shelving downward in imitation of the King of Persia 's Pavillion (z) In Periâ—â—e The Stadia were places in the form of Circo's for the Running of Men and Horses (a) Fabric Rom. cap. 12. A very noble one Suetonius (b) In Domitian tells us was built by Domitian The Xysti were places built after the fashion of the Portico's for the Wrestlers to exercise in (c) Fabric Rom. cap. 12. CIRCI ET QUINQUE LUDICRORUM CIRCENSIUM Deformatio ex Onuphrio Panvinio NAVMACHIAE ID EST NAVALIS PUGNAE Descriptio ex Onuphr Panvinio The Campus Martius famous on so many accounts was a large plain Field lying near the Tiber whence we find it sometimes under the Name of Tiberinus It was call'd Martius because it had been consecrated by the old Romans to the God Mars Besides the pleasant Situation and other natural Ornaments the continual Sports and Exercises perform'd here made it one of the most diverting Sights near the City For Here the young Noblemen practis'd all manner of Feats of Activity learn'd the use of all sorts of Arms and Weapons Here the Races either with Chariots or single Horses were undertaken Besides this 't was nobly adorn'd with the Statues of famous Men and with Arches Columns and Portico's and other magnificent Structures Here stood the Villa Publica or Palace for the Reception and Entertainment of Ambassadors from foreign States who were not allow'd to enter the City Several of the publick Comitia were held in this Field and for that purpose were the Septa or Ovilia built an Apartment enclos'd with Rails where the Tribes or Centuries went in one by one to give their Votes Cicero in one of his Epistles to Atticus intimates a noble Design he had to make the Septa of Marble and to cover them with a high Roof with the addition of a stately Portico or Piazza all round But we hear no more of this Project and therefore may reasonably suppose he was disappointed by the Civil Wars which broke out presently after CHAP. V. Of the Curiae Senacula Basilicae Fora and Comitium THE Roman Curia as it signifies a publick Aedifice was of two sorts Divine and Civil In the former the Priests and religious Orders met for the Regulation of the Rites and Ceremonies belonging to the Worship of the Gods In the other the Senate us'd to assemble to consult about the publick Concerns of the Commonwealth (a) Alex. ab Alex. lib. 1. c. 16. The Senate could not meet in such a Curia unless it had been solemnly consecrated by the Augurs (b) A Gell. lib. 14. c. 7. and made of the same nature as a Temple Sometimes at least the Curiae were no distinct Building but only a Room or Hall in some publick place as particularly Livy (c) Lib. 1. and Pliny (d) Lib. speak of a Curia in the Comitium tho' that it self were no entire Structure The most celebrated Curiae were Curia Hostilia built by Tullus Hostilius as Livy (e) Lib. 1. informs us And Curia Pompeii where the Senate assembled for the effecting the Death of Julius Caesar (f) Sueton. in Jul. Caes c â—o Senaculum is sometimes the same as Curia (g) Marlian Topog. Ant. Rom. lib. 3. c. 27. To be sure it could be no other than a Meeting-place for the Senate the same as the Grecians call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sext. Pomp. Festus (h) In vece Senaculum tells us of three Senacula two within the City-Walls for ordinary Consultations and one without the limits of the City where the Senate assembled to give Audience to those Ambassadours of foreign States whom they were unwilling to Honour with an admission into the City Lampridius (i) In vit lâ—â— â—ai informs us that the Emperour Heliogabalus built a Senaculum purposely for the use of the Women where upon high Days a Council of grave Matrons were to keep Court The Basilicae were very spacious and beautiful Aedifices design'd not only for the Senate to sit in but for the Judges too in the decision of all sorts of Causes and for the Counsellors to receive Clients The Bankers too had one part of it allotted for their Residence (k) Rosin Ant.
taken from the Consuls by the Valerian Law and liberty given for an Appeal from them to the People they could not compel any body to take up Arms. Upon this account they found it necessary to create a Magistrate who for Six Months should rule with absolute Authority even above the Laws themselves The first Person pitch'd upon for this Honour was Titus Largius Flavus about A. V. C. 253 or 255. (a) Dionys Antiq. lib. 5. Livy lib 2. This supreme Officer was call'd Dictator either because he was Dictus named of the Consul or else from Dictating and Commanding what should be done (b) Ibid. Tho' we sometimes meet with the naming of a Dictator upon a smaller Account as the holding the Comitia for the Election of Consuls the Celebration of Publick Games and the like yet the true and proper Dictator was he who had been invested with this Honour upon the occasion of dangerous War Sedition or any such Emergency as requir'd a sudden and absolute Command (c) Lips de Magistrat cap. 17. And therefore he was not chose with the usual Formalities but only named in the Night vivâ voce by the Consul (d) Livy lib. 4. and confirm'd by the Divination from Birds (e) Cicero de Leg. lib. 3. The time assign'd for the disration of the Office was never lengthned except out of meer necessity And as for the perpetual Dictatorships of Sylia and Julius Caesar they are confess'd to have been notorious Violations of the Laws of their Country There were Two other Confinements which the Dictator was oblig'd to observe First he was never to stir out of Italy for fear he should take advantage of the distance of the place to attempt any thing against the common Liberty (f) Div. Hist lib. 36. Besides this he was always to march on foot only upon account of a tedious or sudden Expedition he formally ask'd leave of the People to ride (g) Plutarch in Fab. Max. But setting aside these Restraints his Power was most absolute He might proclaim War levy Forces lead them out or disband them without any cousultation had with the Senate He could punish as he pleas'd and from his Judgment lay no Appeal (h) Dienys Antiq. lib. 8. at least not till in later times To make the Authority of his Charge more awful he had always Twenty four bundles of Rods and as many Axes carried before him in Publick if we will believe Plutarch (i) In Fab. Max. and Polybius (k) Hist lib 3. Tho' Livy attributes the first rise of this custom to Sylla (l) Epitom lib. 89. Nor was he only invested with the joynt Authority of both the Consuls whence the Grecians call'd him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Double Consul but during his Administration all other Magistrates ceas'd except the Tribunes and left the whole Government intrusted in his Hands (m) Pint. in Fab. Max. This Office had the repute to be the only Safeguard of the Commonwealth in times of danger Four hundred Years together 'Till Sylla and Caesar having converted it into a Tyranny and rendred the very Name odious Upon the murder of the last a Decree pass'd in Senate to forbid the use of it upon any account whatever for the future (n) Dio lib. 44. Appian lib. 3. The first thing the Dictator did was to chuse a Magister Eguitum or Master of the Horse who was to be his Lieutenant-General in the Army but could act nothing without his express Order Yet in the War with Hannibal when the slow Proceedings of Fabius Maximus created a Suspicion in the Commons they voted that Minutius his Master of the House should have an equal Authority with Fabius himself and be as it were another Dictator (o) Plutarch in Fab. Max. Polybius lib. 3. The like was afterwards practis'd in the same War upon the Defeat at Cannae when the Dictator M. Junius being with the Army Fabius Buteo was chose a second Dictator at Rome to create new Senators for the supplying of their places who had been kill'd in the Battel Though as soon as ever the Ceremony was over he immediately laid down his Command and acted as a private Person (p) Plutarch ibid. CHAP. VI. Of the Praetors THE Original of this Office instituted in the Year of the City 389. is owing to two occasions Partly because the Consuls being very often wholly taken up with foreign Wars found the want of some Person to administer Justice in the City and partly because the Nobility having lost their appropriation of the Consulship were ambitious of procuring to themselves some new Honour in its room (a) Vide Liv. lib. 7. circa princip At the first only one was created taking his Name à praeeundo and for the same reason most of the old Latins call'd their Commanders Praetores And the Consuls are suppos'd to have us'd that Title at their first institution A. V. C. 501 another Praetor was added and then one of them applied himself wholly to the preserving of Justice among the Citizens with the Name of Praetor Vrbanus while the other appointed Judges in all Matters relating to Foreigners But upon the taking in of Sicily and Sardinia A. V. C. 520. two more Praetors were created to assist the Consuls in the Government of the Provinces and as many more upon the entire conquest of Spain A. V. C. 551. Sylla encreas'd the number to Eight Julius Caesar first to Ten and then to Sixteen the second Triumviri after an extravagant manner to Sixty four After this sometimes we meet with Twelve Praetors sometimes Sixteen or Eighteen but in the Declension of the Empire they fell as low again as Three When the number of the Praetors was thus increas'd and the Quaestiones or Enquiries into Crimes made perpetual and not committed to Officers chose upon such occasions the Praetor Vrbanus and as Lipsius thinks the Praetor Peregrinus undertook the Cognizance of private Causes and the other Praetors of Crimes The latter therefore were sometimes call'd Quaesitores quia quaerebant de crimine the first barely jus dicebat Here we must observe the difference between jus dicere and judicare the former relates to the Praetor and signifies no more than the allowing an Action and granting Judges for determining the Controversie the other is the proper Office of the Judices allow'd by the Praetor and denotes the actual hearing and deciding of a Cause (a) P. Manut. de legibus p. 826. CHAP. VII Of the Censors THE Census or Survey of the Roman Citizens and their Estates from Censco to rate or value was introduc'd by Servius Tullius the sixth King but without the Assignment of any particular Officer to manage it And therefore he took the trouble upon himself and made it a part of the Regal Duty Upon the expulsion of the Tarquins the Business fell to the Consuls and continu'd in their care 'till their Dominions grew so large as to
and defend Augustus when at the desire of the Senate and People he assum'd the sole Government of the Empire among other Constitutions at the beginning of his Reign divided the Provinces into two parts one of which he gave wholly over to the People and reserv'd the other for himself After which time only the Governours sent into the First Division bore the Name of Proconsuls though they were denied the whole Military Power and so fell short of the old Proconsuls To these four sorts of Proconsuls we may add two more from Alexander of Naples First Such as the Senate created Proconsuls without a Province purely for the Command of the Army and the Care of the Military Discipline And secondly such design'd Consuls as entred on their Proconsular Office before they were admitted to the Consulship CHAP. XV. Of the Provincial Praetors and Propraetors of the Legati Quaestors and Proquaestors IN the first times of the Common-wealth the Provinces were govern'd by Praetors and as the Dominions of the State were enlarg'd the Number of those Magistrates was accordingly encreas'd yet even in those times if they continu'd in the Command of the Province beyond the time prefix'd for the continuance of their Praetorship they took upon them the Names of Propraetors though they still kept the same Authority as before About A. V. C. 604. the design'd Praetors began to divide the Praetorian or lesser Provinces by Lot in the same manner as the Consuls did the Consular and when at the end of the Year they repair'd to their respective Governments assum'd the Title of Propraetors As their creation was the same as that of the Proconsuls so their entrance upon their Office and the whole course of their Administration was exactly answerable to theirs only that they were allow'd but Six Lictors with an equal Number of Fasces whereas the Proconsuls had Twelve of each Now though before the time of Augustus the Propraetors by reason of their presiding over the Provinces of lesser Note and Importance were always reckon'd inferiour to the Proconsuls yet upon his division of the Provinces the Governours of those which fell to his share bearing the Name of Propraetors got the Preference of the Proconsuls in respect of Power and Authority being invested with the Military Command and continuing in their Office as long as the Emperour pleas'd The chief Assistants of the Proconsuls and the Propraetors were the Legati and the Provincial Quaestors The former being different in number according to the Quality of the Governour whom they accompanied serv'd for the judging of inferiour Causes and the management of all smaller Concerns remitting every thing of moment to the Care of the Governour or President Besides the Legati there went with every Proconsul or Propraetor one or more Quaestors whose whole Business was concern'd in managing the Publick Accounts taking care of the Supplies of Money Corn and other Necessaries and Conveniences for the maintenance of the Roman Army We seldom meet with Proquaestors in Authors they being only such as perform'd the Office of Quaestor in the Provinces without the deputation of the Senate which was requisite to the Constitution of the proper Quaestors This happen'd either when a Quaestor died in his Office or went to Rome without being succeeded by another Quaestor For in both these cases the Governour of the Province appointed another in his room to discharge the same Duties under the Name of Proquaestor Of the like nature with these Quaestors were the Procuratores Caesaris often mention'd by Tacitus and Suetonius Officers sent by the Emperours into every Province to receive and regulate the Publick Revenue and to dispose of it at the Emperour's Command Such a Magistrate was Pontius Pilate in Judaea and though the judging of extream Causes did not properly belong to his Office yet because the Jews were always look'd upon as a rebellious Nation and apt to revolt upon the least occasion and because the President of Syria was forced to attend on other parts of his Province therefore for the better keeping the Jews in order the Procurator of Judaea was invested with all the Authority proper to the Proconsul even with the Power of Life and Death as the Learned Bishop Pearson observes (a) Bishop Pearson on the Creed Art 4. CHAP. XVII Of the Comitia THE Comitia according to Sigonius's Definition were General Assemblies of the People lawfully call'd by some Magistrate for the enjoyment or prohibition of any thing by their Votes (a) Sigon de Antiq Jure Civ Romanorum lib. 1. cap. 17. The proper Comitia were of three sorts Curiata Genturiata and Tributa with reference to the Three grand Divisions of the City and People into Curiae Centuries and Tribes For by Comitia Calata which we sometimes meet with in Authors in elder times were meant all the Comitia in general the Word Calata from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Calo being their common Epithet though 't was at last restrain'd to two sorts of Assemblies those for the creation of Priests and those for the inspection and regulation of last Wills and Testaments (b) A. Gell. lib. 15. cap. 27. The Comitia Curiata owe their Original to the Division which Romulus made of the People into Thirty Curiae Ten being contain'd under every Tribe They answer'd in most respects to the Parishes in our Cities being not only separated by proper Bounds and Limits but distinguish'd too by their different Places set a-part for the celebration of Divine Service which was perform'd by particular Priests one to every Curia with the Name of Curiones Before the Institution of the Comitia Centuriata all the grand Concerns of the State were transacted in the Assembly of the Curia's as the Election of Kings and other Chief Officers the making and abrogating of Laws and the adjudging of capital Causes After the expulsion of the Kings when the Commons had obtain'd the Privilege to have Tribunes and Aediles they elected them for some time at these Assemblies But that Ceremony being at length transferr'd to the Comitia Tributa the Curiae were never conven'd to give their Votes except now and then upon account of making some particular Laws relating to Adoptions Wills and Testaments or the Creation of Officers for an Expedition or for the Electing of some of the Priests as the Flamines and the Curio maximus or Superintendant of the Curiones who themselves were chose by every particular Curia The Power of Calling these Assemblies belong'd at first only to the Kings but upon the establishment of the Democracy the same Privilege was allow'd to most of the Chief Magistrates and sometimes to the Pontifices The Person who had the liberty of Voting here were such Roman Citizens as belong'd to the Curiae or such as actually liv'd in the City and conform'd to the Customs and Rites of their proper Curia all those being excluded who dwelt without the Bounds of the City retaining the Ceremonies of their
Rome and though he constituted at that time only Three yet as the State encreas'd in Power and the City in number of Inhabitants they rose by degrees to Five and Thirty The distinction of Tribus Vrbanae and Rusticae was at first taken up for a difference between those People who inhabited the City and those who dwelt in other parts But at last the Country-Tribes being esteem'd the most Honourable engross'd the whole number except Four The first Assembly of the Tribes we meet with is about the Year of Rome 263. conven'd by Sp. Picinius Tribune of the Commons upon account of the Trial of Coriolanus Soon after the Tribunes of the Commons were order'd to be elected here and at last all the inferiour Magistrates and the Collegiate Priests The same Comitia serv'd for the enacting of Laws relating to War and Peace and all others propos'd by the Tribunes and Plebeian Officers though they had not properly the Name of Leges but Plebiscita They were generally conven'd by the Tribunes of the Commons but the same Privilege was allow'd to all the Magistrates (b) Hor. de Arte Poet They were confin'd to no place and therefore sometimes we find them held in the Comitium sometimes in the Campus Martius and now and then in the Capitol The Proceedings were in most respects answerable to those already describ'd in the account of the other Comitia and therefore need not be insisted on only we may farther observe of the Comitia in general that when any Candidate was found to have most Tablets for a Magistracy he was declar'd to be design'd or elected by the President of the Assembly and this they term'd renunciari Consul Praetor or the like And that the last sort of the Comitia only could be held without the Consent and Approbation of the Senate which was necessary to the convening of the other two (m) Dionys lib. 9. CHAP. XVII Of the Roman Judgments and first of Private Judgments A Judgment according to Aristotle's definition is no more than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the decision of Right and Wrong The whole subject of the Roman Judgments is admirably explain'd by Sigonius in his Three Books de Judiciis from whom the following Account is for the most part extracted Judgments or Determinations of a proper Judge were made either by a competent number of select Judges or by the whole People in a General Assembly Judgments made by one or more select Judges may be divided into publick and private the first relating to Controversies the second to Crimes The former will be sufficiently describ'd if we consider the Matter or Subject of these Judgments the Persons concern'd in them and the manner of proceeding The matter of private Judgments takes in all sort of Causes that can happen between Man and Man which being so vastly extended and belonging more immediately to the Civil Law need not here be insisted on The Persons concern'd were the Parties the Assistants and the Judges The Parties were the Actor and Reus the Plaintiff and Defendant The Assistants were the Procurâtores and the Advocati of whom tho' they are often confounded yet the first were properly such Lawyers as assisted the Plaintiff in proving or the Defendant in clearing himself from the matter of Fact The other who were likewise call'd Patroni were to defend their Clients Cause in matters of Law (a) Zouch Element Jurisprud p. 5. Sect. 3. Both these were selected out of the ablest Lawyers and had their Names entred in the Matriculation-Book of the Forum This was one Condition requisite to give them the liberty of Pleading the other was the being retain'd by one Party or the receiving a Fee which they term'd Mandatum (b) Ibid. The Judges besides the Praetor or supreme Magistrate who presided in the Court and allow'd and confirm'd them were of three sorts Arbitri Recuperatores and Centumviri litibus judicandis Arbitri whom they call'd simply judices were appointed to determine in some private Causes of no great Consequence and of very easie decision Recuperatores were assign'd to decide the Controversies about receiving or recovering things which had been lost or taken away But the usual Judges in private Causes were the Centumviri three of which were taken out of every Tribe so that their number was five more than their Name imported 'T is probable that the Arbitri and Recuperatores were assign'd out of this Body by the Praetor The manner of carrying on the private Suits was of this nature The difference failing to be made up between Friends the injur'd Person proceeded in jus reum vocare to summon or cite the offending Party to the Court who was oblig'd immediately to go with him or else to give Bond for his appearance according to the common Maxim In jus vocatus aut eat aut satisdet Both Parties being met before the Praetor or other supreme Magistrate presiding in the Court the Plaintiff propos'd the Action to the Defendant in which he design'd to sue him This they term'd Edere actionem being perform'd commonly by writing it in a Tablet and offering it to the Defendant that he might see whether he had best compound or stand the Suit In the next place came the postulatio actionis or the Plaintiff's desiring leave of the Praetor to prosecute the Defendant in such an Action This being granted the Plaintiff vadabatur reum oblig'd him to give Sureties for his appearance on such a Day in the Court and this was all that was done in publick before the prefix'd Day for the Tryal In the mean time the difference us'd very often to be made up either Transactionc or Pacto by letting the Cause fall as dubious and uncertain or by composition for so much damage to be ascertain'd by an equal number of Friends On the Day appointed for the hearing the Praetor order'd the several Bills to be read and the Parties to be summon'd by an Accensus or Beadle Upon the default of either Party the Defaulter lost his Cause The appearing of both they term'd se stitisse and then the Plaintiff proceeded litem sive actionem intendere to prefer the Suit which was perform'd in a set Form of Words varying according to the difference of the Actions After this the Plaintiff desir'd Judgment of the Praetor that is to be allow'd a Judex or Arbiter or else the Recuperatores or Centumviri for the hearing and deciding the business but none of these could be desir'd unless both Parties agreed The Praetor when he assign'd them their Judges at the same time defin'd the number of Witnesses to hinder the protracting of the Suit and then the Parties proceeded to give caution that the Judgment whatever it was should stand and be perform'd on both sides The Judges always took a solemn Oath to be impartial and the Parties swore they did not go to Law with a design to abuse one another This they call'd Juramentum calumniae Then began the Disceptatio
causae or disputing the Case manag'd by the Lawyers on both sides with the assistance of Witnesses Writings and the like the use of which is so admirably taught in their Books of Oratory In giving Sentence the major part of the Judges was requir'd to overthrow the Defendant If the number was equally divided the Defendant was actually clear'd and if half condemn'd him in one Sum to be paid and half in another the least Sum always stood good (a) Zâ—uch Element p. 5. Sect. 10. The consequence of the Sentence was either in integrum restitutio addictio judicium calumniae or judicium falsi The first was when upon Petition of the Party who was overthrown the Praetor gave him leave to have the Suit come on again and allow him another full hearing Addictio was when the Party who had been cast in such a Sum unless he gave Surety to pay it in a little time was brought by the Plaintiff before the Praetor who deliver'd him into his disposal to be committed to Prison or otherwise secur'd 'till satisfaction were made Judicium Calumniae was an Action brought against the Plaintiff for false Accusation Judicium falsi was an Action which laid against the Judges for Corruption and unjust Proceedings CHAP. XVII Of Publick Judgments FOR the knowledge of Publick Judgments we may take notice of the Crimes of the Punishments of the Quaesitors and Judges of the method of proceeding and of the consequences of the Tryal The Crimes or the matter of the Publick Judgments were such Actions as tended either mediately or immediately to the prejudice of the State and were forbid by the Laws As if any Person had derogated from the Honour and Majesty of the Commonwealth had imbezzel'd or put to ill uses the publick Money or any Treasure consecrated to Religion or had corrupted the Peoples Votes in an Election or had extorted Contributions from the Allies or received Money in any Judgment or had us'd any violent Compulsion to a Member of the Common-wealth These they term'd Crimina Majestatis peculatûs ambitûs repetundarum and vis publicae Or if any Person had kill'd another with a Weapon or effected the same with Poyson or laid violent Hands on his Parents or had forg'd a Will or counterfeited the publick Coin or had corrupted another Man's Wife or had bought bound or conceal'd a Servant without the knowledge of his Master Whence these Crimes took the Names inter sicarios veneficii parricidii falsi adulterii plagii Besides these any private Cause by virtue of a new Law might be made of publick Cognizance As to the Punishments they may be allow'd a Chapter by themselves hereafter The Inquisition of Criminal Matters belong'd at first to the Kings and after the abrogation of that Government for some time to the Consuls But being taken from them by the Valerian Law it was conferr'd as Occasions happen'd upon Officers deputed by the People with the Title of Quaesitores Parricidii But about the Year of the City 604. this power was made perpetual and appropriated to the Praetors by virtue of an Order of the People at their annual Election the Inquisition of such and such Crimes being committed to such and such Praetors Yet upon extraordinary Occasions the People could appoint other Quaesitores if they thought convenient Next to the Quaesitor was the Judex quaestionis who tho' he is sometimes confounded with the Praetor yet was properly a Person of Note deputed by the Praetor to manage the Tryal of which he himself perform'd only the main business After him were the Judices selecti who were summon'd by the Praetor to give their Verdict in Criminal Matters in the same manner as our Juries They were chose every Year to a set number desin'd by the Laws which by reason of the preferring of new Laws often varied As to the method of the Proceedings the first Action which they term'd in jus vocatio was much the same in publick as in private Causes But then as the Postulatio of the Plaintiff consisted in desiring leave of the Praetor to enter a Suit against the Desendant so here the Accuser desir'd permission to enter the Name of the Offender with the Crime which he objected to him This they call'd Nomiras delatio being perform'd first vivâ in a set Form of Words according to the nature of the Crime and then offer'd to the Praetor being wrot in a Tablet if approv'd by the Praetor the accus'd Party's Name was entred in the Roll of Criminals both Persons having taken the Oath of Calumâ—â— already spoken of At the entrance of the Name the Praetor appointed a set Day for the Tryal And from that time the accus'd Person chang'd his Habit going in Black 'till the Tryal was over and using in his Dress and Carriage all Tokens of Sorrow and Concern Upon the appointed Day the Court being met and both Parties appearing the first thing that was done was the sortitio judicum or impannelling the Jury perform'd commonly by the Judex Quaestionis who took by Lot such a number out of the Body of the Judices selecti as the particular Law on which the Accusation was founded had determin'd Liberty being given to both Parties to reject or as we call it to challenge any that they pleas'd the Praetor or Judex Quaestionis substituting others in their Places The Jury being thus chose was cited by the publick Servants of the Court and when the proper number appear'd they were sworn and then took their places in the Subsellia and heard the Tryal In this we may reckon four Parts Accusatio Defensio Laudatie and Latio sententiae Accusatio is desin'd perpetuaâ—oratio ad crimina inferenda atque augenda artificiose composita A continu'd Oration artificially compos'd for the making out and heightning the Crimes alledg'd For it did not only consist in giving a plain Narration of the matter of Fact and confirming it by Witnesses and other Evidences but in bringing of other Arguments too drawn from the nature of the thing from the Character of the accus'd Person and his former course of Life from the circumstances of the Fact and several other Topicks which the Orators teach us to enlarge upon Nor was the Accuser limited in respect of time being allow'd commonly as many Days as he pleas'd to make good his Charge Defensio belong'd to the Lawyers or Advocates retain'd by the accus'd Party who in like manner were allow'd to speak as many Days as they pleas'd toward the clearing of their Client The three common Methods they took were Facti negatio negatio nominis facti or probatio jure factum either plainly to deny the matter of Fact and endeavour to evince the contrary or else to acknowledge the Fact and yet to deny that it fell under the nature of the Crime objected Or lastly to prove the Fact lawful The first way of Defence was generally us'd when the Person stood indicted of what they call'd crimen repetundarum