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A22641 St. Augustine, Of the citie of God vvith the learned comments of Io. Lod. Viues. Englished by I.H.; De civitate Dei. English Augustine, Saint, Bishop of Hippo.; Healey, John, d. 1610.; Vives, Juan Luis, 1492-1540. 1610 (1610) STC 916; ESTC S106897 1,266,989 952

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Appollo's games in the spring commanding all then hee was chiefe also of the Court where causes of violence slander defraudations of wards elections of guardians letting out of the fatherlesse childrens houses c. were dispatched all these must passe his seale Thus Pollux Before Solons lawes they might not giue iudgement but each in a seuerall place The president hee sat at the Bucolaeum not farre from the Councell-house The Generall in the Lycaeum the Counsellours in the Thesmotium The Archou at the brazen statues called Exonimi where the lawes were fixed ere they were approued e Dauid There was neuer such a paire of men in the world princes or priuate men as were these two Dauid and Salomon the father and the sonne the first for humility honesty and prophecy the second for wisdome Of him and of the Temple hee built Eupolemus and Timochares prophane Authors doe make mention Lact. Inst. diu lib. 4. saith that hee reigned one hundered and forty yeares before the Troyan warre whereas it was iust so long after it ere hee beganne to reigne Either the author or the transcriber are farre mistaken f Roboam In him was the prouerbe fulfilled a good father hath often-times a badde sonne for hee like a foole fallen quite from his fathers wisdome would needes hold the people in more awe then his father had done before him and so lost tenne tribes of his twelue and they chose them a King calling him King of Israel leauing the name of the King of Iuda to him and his posterity that reigned but ouer that and the tribe of Beniamin for Leui belonging to the temple of God at Ierusalem was free Of the latian Kings Aeneas the first and Auentinus the twelfth are made gods CHAP. 21. LAtium after Aeneas their first deified king had eleauen more and none of them deified But Auentinus the twelfth beeing slaine in warre and buried on that hill that beares his name he was put into the calender of their men gods Some say he was not killed but vanished away and that mount Auentine a had not the name from him but from another after him was no more gods made in Latium but Romulus the builder of Rome betwixt whom and Auentine were two Kings one Virgil nameth saying Proximus ille Procas Troianae gloria gentis In whose time because Rome was now vpon hatching the great monarchy of Assyria tooke end For now after one thousand three hundred fiue years coūting Belus his reigne also in that little Kingdome at first it was remooued to the Medes Procas reigned before Amulius Now Amulius had made Rhea or Ilia his brother Numitors daughter a vestall Virgin and Mars they say lay with her thus they honour her whore-dome and begot two twins on her who for a proose of their fore-said excuse for her they say were cast out and yet a she-wolfe the beast of Mars came and fedde them with her dugges as acknowledging the sonnes of her Lord and Maister Now some doe say that there was an whore found them when they were first cast out and shee sucked them vp Now they called whores Lupae shee wolues and the stewes vnto this daie are called Lupa●… Afterwardes Fastulus a shep-heard had them say they and his wife Acca brought them vppe Well what if GOD to taxe the bloudy minde of the King that commanded to drowne them preserued them from the water and sent this beast to giue them nourishment is this any wonder Numitor Romulus his grand-sire succeeded his brother Amulius in the Kingdome of Latium and in the first yeare of his reigne was Rome built so that from thence forward hee and Ro●…s reigned together in Italy L. VIVES AVentine a had not It hath many deriuations saith Uarro Naeuius deriueth it ab auibus from the birds that flew thence to Tyber Others of Auentinus the Alban King there buried Others ab aduentu hominum of the resort of men for there stood Dianas temple com●… to all Latium But I thinke it comes rather ab aduectu of carrying to it for it was whi●… seuered from all the cittie by fennes and therefore they were faine to bee rowed to it in ●…pes And seeing wee doe comment some-what largely in this perticular booke for cu●… heads take this with yee too Auentine was quite without the precinct of Rome either because that the people encamped there in their mutiny or because that there came no fortu●… birds vnto it in Remus his Augury Rome founded at the time of the Assyrian Monarchies fall Ezechias being King of Iuda CHAP. 22. BRiefly Rome a the second Babilon daughter of the first by which it pleased God to quell the whole world and fetch it all vnder one soueraignty was now founded The world was now full of hardy men painfull and well practised in warre They were stubborne and not to bee subdued but with infinite labour and danger In the conquests of the Assyrians ouer all Asia the warres were of farre lighter accompt the people were to seeke in their defenses nor was the world so populous For it was not aboue a thousand yeares after that vniuersall ●…luge wherein all died but Noah and his family that Ninus conquered all Asia excepting India But the Romanes came not to their monarchy with that ease that hee did they spred by little and little and found sturdy lets in all their proceedings Rome then was built when Israell had dwelt in the land of promise 718. yeares 27. vnder Iosuah 329. vnder the Iudges and 362. vnder the Kings vntill Achaz now King of Iudah or as others count vnto his successor Ezechias that good and Godly king who reigned assuredly in Romulus his time Osee in the meane time being king of Israell L. VIVES ROme the a second Babilon Saint Peter calleth Rome Babilon as Hierome saith in Uita Marci who also thinketh that Iohn in the Apocalips meaneth no other Babilon but Rome Ad Marcellam But now it hath put off the name of Babilon no confusion now you cannot buy any thing now in matter of religion without a very faire pretext of holy law for the selling of it yet may you buy or sell almost any kinde of cause holy or hellish for money Of the euident prophecy of Sybilla Erithraea concerning Christ. CHAP. 23. IN those daies Sybilla Erythrea some say prophecied there were many a Sybilis saith Varro more then one But this b Sybille of Erithraea wrote some apparant prophecies of Christ which wee haue read in rough latine verses not correspondent to the greeke the interpretor wel learned afterward being none of the best poets For Flaccianus a learned and eloquent man one that had beene Consulls deputie beeing in a conference with vs concerning Christ shewed vs a greeke booke saying they were this Sybills verses wherein in one place he shewed vs a sort of verses so composed that c the first letter of euery verse beeing taken they all made these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
owne shame he shamed at the filthinesse that was committed vppon hir though it were l without her consent and m being a Romain and coueteous of glory she feared that n if she liued stil that which shee had indured by violence should be thought to haue been suffered with willingnesse And therfore she thought good to shew this punishment to the eies of men as a testimony of hir mind vnto whome shee could not shew her minde indeed Blushing to be held a partaker in the fact which beeing by another committed so filthyly she had indured so vnwillingly Now this course the Christian women did not take they liue still howsoeuer violated neither for all this reuenge they the ruines of others vppon them-selues least they should make an addition of their owne guilt vnto the others if they should go and murder them-selues barbarously because their enemies had forst them so beastially For howsoeuer they haue the glory of their chastity stil within them o being the restimony of their conscience this they haue before the eies of their God and this is all they care for hauing no more to looke to but to do wel that they decline not from the authority of the law diuine in any finister indeauour to auoid the offence of mortall mans suspition L. VIVES a LVcretia This history of Lucretia is common though Dionisius relate it some-what differing from Liuie they agree in the summe of the matter b Reuenge so sayth Liuie in his person But giue me your right hands and faiths to inflict iust reuenge vppon the adulterer and they all in order gaue her their faiths c One declaming Who this was I haue not yet read One Glosse saith it was Virgil as hee found recorded by a great scholler and one that had read much But Uirgil neuer was declamer nor euer pleaded in cause but one and that but once perhaps that great reader imagined that one to bee this which indeed was neuer extant Which he might the better doe becasue he had read such store of histories and better yet if he were Licentiat or Doctor d He was chased Tarquin the King and all his ofspring were chased out of the Cittie of this in the third book e The offender Cicero saith that touching a Romains life there was a decree that no Iudgement should passe vpon it without the assent of the whole people in the great Comitia or Parliaments called Centuriata The forme and manner of which iudgement he sets down in his oration for his house and so doth Plutarch in the Gracchi f Lucretia her selfe which aggrauats the fact done by Lucretia a noble and worthy matron of the Citty g Placed amongst these Uirgil in the 6. of his Aeneads diuides Hell into nine circles and of the third hee speaketh thus Proxima deinde tenent maesti loca qui sibi lethum Insontes peperere manu lucemque perosi Proiecere animas quam vellent athere in alto Nunc pauperiem dur●…s perferre labores Fata obstant tristique palus innabilis vnda Alligat nouies Styx interfusa coercet In english thus In the succeeding round of woe they dwell That guiltlesse spoild them-selues through blacke despight And cast their soules away through hate of light O now they wish they might returne t' abide Extremest need and sharpest toile beside But fate and deepes forbid their passage thence And Styx that nine times cuttes those groundlesse fennes h Which none could know For who can tell whether shee gaue consent by the touch of some incited pleasure i Hir learned defenders * It is better to read her learned defenders or her not vnlearned defenders then her vnlearned defenders as some copies haue it k Is there any way It is a Dilemma If shee were an adulteresse why is she commended if chaste why murdered The old Rethoricians vsed to dissolue this kinde of Argument either by ouerthrowing one of the parts or by retorting it called in greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a conuersion or retortion Examples there are diuers in Cicero de Rethorica Now Augustine saith that this conclusion is inextricable vnavoidable by either way l Without her consent For shee abhorred to consent vnto this act of lust m A Romaine The Romaine Nation were alwaies most greedy of glory of whom it is said Vincet amor patriae laudumque immensa cupido Their countries loue boundles this of glory And Ouid saith of Lucrece in his Fasti Succubuit famae victa puella metu Conquer'd with feare to loose her fame she fell n If she liued after this vncleanesse committed vpon hir o Being the testimony for our glory is this saith Saint Paul 2. Cor. I. 12. the testimony of our consciences And this the Stoikes and all the heathenish wise men haue euer taught That there is no authority which allowes Christians to be their owne deaths in what cause soeuer CHAP. 19. FOr it is not for nothing that wee neuer finde it commended in the holy canonicall Scriptures or but allowed that either for attaining of immortalitie or auoyding of calamitie wee should bee our owne destructions we are forbidden it in the law Thou shalt not kill especially because it addes not Thy neighbour as it doth in the pohibition of false witnesse Thou shalt not beare false witnesse against thy neighbour Yet let no man thinke that he is free of this later crime if he beare false witnesse against him-selfe because hee that loues his neighbour begins his loue from him-selfe Seeing it is written Thou shalt loue thy neighbour as thy selfe Now if hee bee no lesse guiltlesse of false witnesse that testifieth falsely against him-selfe then hee that doth so against his neighbour since that in that commandement wherein false witnesse is forbidden it is forbidden to be practised against ones neighbor whence misvnderstanding conceits may suppose that it is not forbiddē to beare false witnesse against ones selfe how much plainer is it to bee vnderstood that a man may not kill him-selfe seeing that vnto the commandement Thou shalt not kil nothing being added excludes al exception both of others of him to whom the command is giuen And therefore some would extend the intent of this precept euen vnto beasts and cattell and would haue it vnlawfull to kill any of them But why not vnto hearbes also and all things that grow and are nourished by the earth for though these kindes cannot bee said to haue a sence or feeling yet they are said to be liuing and therfore they may die and consequently by violent vsage be killed VVherfore the Apostle speaking of these kinde of seedes saith thus Foole that which thou sowest is not quickened except first it die And the Psalmist saith He destrored their vines with baile but what Shall wee therefore thinke it sinne to cutte vp a twigge because the commandement sayes thou shalt not kill and so involue our selues in the foule error of the
not to destroy Carthage but euen not to beginne a warre with the Carthaginians without a lawfull and sufficient cause Liuie and others c As if they were young punies Ualerius writeth that Appius Claudius vsed often to say that imployment did far more ext●…l the people of Rome then quiet that excesse of leisure and rest melted them into slothfulnesse but the rough name of businesse kept the manners of the cittie in their pristine state vndeformed when the sweet sound of quiet euer ledde in great store of corruption d When Carthage was raized Salust in his war of Iugurth saith thus for before Carthage was raized the Senate and People of Rome gouerned the weale-publike wel quietly and modestly betwixt th●…-selues nor was there any contention for glory or domination amongst them the feare of the foes kept all the Citty in good arts orders but that feare being once remoued and abolished then the attendants of prosperous estates pride and luxury thrust in vnrestrained e And bloudy sedi●… As first that of Tiberius Gracchus then that of Caius his brother in which two was the first ciuill effusion of Cittizens bloud beheld the first of these happened tenne yeares after Carthage was destroyed f By continual giuing of worse and worse causes For through the sedition of Caius Gracchus was the office of the Tribuneship inuented and bestowed on Li●… Drusus whom the Senators opposed against the Gentlemen who stood for the law that Gracchus had made Hence arose the war called Sociale Bellum because Drusus reformed not the citty as hee promised and hence arose the warre of Mithridates who taking aduantage of this discord of Italie made many thousands of the Italians that traffick'd in his dominions to bee slaine and hence arose the ciuill warre of Marius who sought to gette the vndertaking of this Prouince and warre of Mithridates from Sylla And from the seedes of this warre sprung the warres of Sertorius Lepidus the conspiracy of Catiline and lastly the warre of Pompey And from that sprung the Empire of Caesar and after his death the ciuil warres of Anthony of Brutus and Cassius at the Philippi of Sextus Pompeius in Sicilia and that of Acti●… And lastly the common-weales freedome turned into a tiriannical monarchy By what degrees of corruption the Romaines ambition grew to such a height CHAP 30. FOr when 〈◊〉 e●…er this lust of soueraignty cease in proud mindes vntill it 〈◊〉 by co●… of honours attained vnto the dignitie of regall domination And if their ambition didde not preuaile they then hadde no meane to continue their honours Now ambition would not preuaile but amongst a people wholly corrupted with coueteousnes and luxury And the people is alw●…s infected with these two contagions by the meanes of affluent prosperity which Nasica did wisely hold fit to be fore-seene and preuented by not condiscending to the abolishing of so strong so powerfull and so ritch a citty of their enemies thereby to keepe luxurie in awfull feare that so it might not become exorbitant and by that meanes also couetousnesse might be repressed Which two vices once chained vp vertue the citties supporter might flourish and a liberty befitting this vertue might stand strong And hence it was out of this most circumspect zeale vnto his country that your said high Priest who was chosen by the Senate of those times for the best man without any difference of voices a thing worthy of often repetition when the Senate would haue built a a Theater disswaded them from this vaine resolution and in a most graue oration perswaded them not to suffer the b luxurie of the Greekes to creepe into their olde conditions nor to consent vnto the entrie of forraigne corruption to the subuersion and extirpation of their natiue Romaine perfection working so much by his owne onely authoritie that the whole bench of the iudicious Senate being moued by his reasons expresly prohibited the vse of c those mooueable seates which the Romaines began as then to vse in the beholding of Playes How earnest would hee haue beene to haue cleansed the citie of Rome of the d Playes themselues if hee durst haue opposed their authoritie whom he held for Gods being ignorant that they were malitious Diuels or if hee knew it then it seemes hee held that they were rather to bee pleased then despised For as yet that heauenly doctrine was not deliuered vnto the world which purifying the heart by faith changes the affect with a zealous piety to desire and aime at the blessings of heauen or those which are aboue the heauens and freeth men absolutely from the slauery of those proud and vngracious Deuills L. VIVES BVilt a a Theater Liuie in his 48. booke and Valerius Maximus de Instit. antiq write that Ualerius Messala and Cassius being Censors had giuen order for a Theater to bee built wherein the people of Rome might sitte and see playes But Nasica laboured so with the Senate that it was held a thing vnfit as preiudiciall to the manners of the people So by a decree of the Senate all that preparation for the Theater was laide aside and it was decreed that no man should place any seates or sitte to behold any playes within the citie or within a mile of the walles And so from a little while after the third Affrican warre vntill the sacke of Corinthe the people beheld all their playes standing but as then Lucius Memmius set vp a Theater for the Playes at his Triumph but it stood but for the time that this triumph lasted The first standing Theater Pompey the Great built at Rome of square stone as Cornelius Tacitus writeth lib. 14. the modell whereof hee had at Mytilene in the Mithridatique warre Cauea here in the text signifieth the middle front of the Theater which afterward was diuided into seates for the Gentlemen seuered into rankes and galleries Some-times it is taken for the whole audience as Seruius noteth vpon the eight of the Aeneads b The luxurie of the Greekes the Grecians had Theaters before the Romaines many ages and the very Greeke name prooues that they came first from Greece For Theater is deriued of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is spectare to behold c Those moueable seates standing but for a time For such Theaters were first in vse at Rome before the standing the continuing Theaters came in and were made with mooueable seates as Tacitus saith and the stage built for the present time d The Playes themselues Such as were presented vpon the Stage whereof in the next booke we shall discourse more at large Of the first inducing of Stage-playes CHAP. 31. BVt know you that know not this and marke you that make shew as if you knew it not and murmur at him that hath set you free from such Lords that your Stage-playes those a spectacles of vncleannesse those licentious vanities were not first brought vp at Rome by the corruptions of the men but by the direct commands of
man reade Liuy lib. 1. Dionysius and Plutarch of his whole life besides diuers others e all to insufficient This is plaine for they fetched lawes frō others f it is not reported Yes he fained that he conferred with Aegeria but she was rather a Nimph then a goddesse besides this is known to be a fable g the most learned Here I cannot choose but ad a very conceited saying out of Plautus his comedy called Persa Sagaristio the seruant askes a Virgin how strong dost thou think this towne is If the townsmen quoth shee againe bee well mannered I thinke it is very strong if treachery couetousnesse and extortion bee chased out and then enuie then ambition then detraction then periury then flattery then iniury then and lastly which is hardest of all to get out villanie if these be not all thrust forth an hundred walls are all too weake to keepe out ruine Of the rape of the Sabine women and diuers other wicked facts done in Romes most ancient and honorable times CHAP. 17. PErhaps the gods would not giue the Romaines any lawes because as Salust a saith Iustice and honestie preuailed as much with them by nature as by lawe very good b out of this iustice and honestie came it I thinke that the c Sabine virgins were rauished What iuster or honester part can be plaide then to force away other mens daughters with all violence possible rather then to receiue them at the hand of their parents But if it were vniustly done of the Sabines to deny the Romaines their daughters was it not farre more vniustly done of them to force them away after that deniall There were more equitie showne in making warres vpon those that would not giue their daughters to beget alliance with their neighbours and countrimen then with those that did but require back their owne which were iniuriously forced from them Therefore Mars should rather haue helped his warlike sonne in reuenging the iniury of this reiected proferre of marriage that so he might haue wonne the Virgin that he desired by force of armes For there might haue beene some pretence of warlike lawe for the conqueror iustly to beare away those whom the conquered had vniustly denied him before But he against all law of peace violently forced them from such as denied him them and then began an vniust warre with their parents to whom hee had giuen so iust a cause of anger d Herein indeed he had good and happy successe And albeit the e Circensian playes were continued to preserue the memory of this fraudulent acte yet neither the Cittie nor the Empire did approoue such a president and the Romaines were more willing to erre in making Romulus a deity after this deed of iniquitie then to allow by any law or practise this fact of his in forcing of women thus to stand as an example for others to follow Out of this iustice and honesty likewise proceeded this that g after Tarquin and his children were expulsed Rome because his sonne Sextus had rauished Lucresse Iunius Brutus being consull compelled h L. Tarquinius Collatine husband to that Lucresse his fellow officer a good man and wholy guiltlesse to giue ouer his place and abandon the Cittie which vile deed of his was done by the approbation or at least omission of the people who made Collatine Consul aswell as Brutus himself Out of this iustice and honesty came this also that h Marcus Camillus that most illustrious worthy of his time that with such ease sudued the warlike Veientes the greatest foes of the Romaines and tooke their cheefe citty from them after that they had held the Romains in ten yeares war and foiled their armies so often that Rome hir selfe began to tremble and suspected hir owne safety that this man by the mallice of his backe-biting enemies and the insupportable pride of the Tribunes being accused of guilt perceiuing the citty which he had preserued so vngrateful that he needs must be condemned was glad to betake him-selfe to willing banishment and yet i in his absence was fined at ten thousand Asses k Being soone after to be called home again to free his thankelesse country the second time from the Gaules It yrkes me to recapitulate the multitude of foule enormities which that citty hath giuen act vnto l The great ones seeking to bring the people vnder their subiection the people againe on the other side scorning to be subiect to them and the ring-leaders on both sides aiming wholy rather at superiority and conquest then euer giuing roome to a thought of iustice or honesty L. VIVES SAlust a saith In his warre of Catiline speaking of the ancient Romaines he saith thus The law is a ciuill equity either established in literall lawes or instilled into the manners by verball instructions Good is the fount moderatour and reformer of all lawe all which is done by the Iudges prudence adapting it selfe to the nature of the cause and laying the lawe to the cause not the cause to the lawe As Aristotle to this purpose speaketh of the Lesbian rule Ethic. 4. This is also termed right reason as Salust againe saith in his Iugurth Bomilchar is guilty rather by right and reason then any nationall lawe Crassus saith Tully in his Brutus spake much at that time against that writing and yet but in right and reason It is also called equitie ' That place saith Cicero for Caecinna you feare and flie and seeke as I may say to draw mee out of this plaine field of equitie into the straite of words and into all the literall corners in this notwithstanding saith Quintilian the iudges nature is to bee obserued whether it be rather opposed to the lawe then vnto equitie or no. Hereof wee haue spoken some-thing in our Temple of the lawes But the most copious and exact reading hereof is in Budaeus his notes vpon the Pandects explaining that place which the Lawyers did not so well vnderstand Ius est ars aequi boni This mans sharpenesse of witte quicknesse of iudgement fulnesse of diligence and greatnesse of learning no Frenchman euer paralleld nor in these times any Italian There is nothing extant in Greeke or Latine but he hath read it and read it ouer and discussed it throughly In both these toungs he is a like and that excellently perfect Hee speakes them both as familiarly as he doth French his naturall tongue nay I make doubt whether hee speake them no better hee will read out a Greeke booke in Latine words extempore and out of a Latine booke in Greeke And yet this which wee see so exactly and excellently written by him is nothing but his extemporall birthe Hee writes with lesse paines both Greeke and Latine then very good schollers in both these tongues can vnderstand them There is no cranke no secret in all these tongues but he hath searcht it out lookt into it and brought it forth like Cerberus from darknesse into
that Phygian Troy namely of the Albians the Lauinians both which nations descended from the Troians that accompanied Aeneas d Homer reported at what time Rome was built or at what time Homer liued the auncient writers do not iustly and vniformely define though the first be lesse dubitable then the latter Plutarch in the life of Romulus saith that hee and Remus first founded the walles in the third yeare of the sixt Olimpiad on which day was an eclips of the moone Dionisius and Eusebius say the 1. yeare of the 7. Olympiade after the destruction of Troy CCCCXXXII yeares Solin in Polihist Cincius will haue it built in the twelth Olympiad Pictor in the eighth Nepos and Luctatius to whom Eratosthenes and Apollodorus agree the seauenth Olympiade the second yeare Pomponius Atticus and Tully the seauenth and the third yeare therefore by all correspondency of the Greeke computations to ours it was built in the beginning of the seauenth Olympiad CCCCXXXIII yeares after the ruine of Troy About Homers time of liuing his country and his parentage the Greeke writers keepe a great adoe Some say he was present at the warres of Troy Indeed he himselfe brings in his Phemius singing in the banquet of the wooers Odissi But whether he do it through an ambitious desire to grace his Mr. in beyond the reach of the time or no it is doubtful Others say he liued not vntil an hundred yeares after this warre of Phrigia and some there bee that ad fifty more vnto the number Aristarchus gives him to those times about which there was a Colonye planted in Ionia sixty yeares after the subuersion of the Heraclidae CXXX yeares after the Troians warrs Crates thinketh that there was not foure-score yeares betweene the demolishing of Troy and the birth of Homer Some affirme him to haue beene sonne to Telemachus Vlisses his sonne and Tolycasta daughter to Nestor In the cronicle of Eusebius Bishop of Caesarea we find this recorded We find saith he in the latine history that Agrippa reigning amongst the Latines Homer florished amongst the Greekes as Appollodorus the Grammarian and Euphorbeus the Historiographer do both testifie CXXIIII yeares before the building of Rome and as Cornelius Nepos saith before the fi●…st Olympiade an C. yeares Howsoeuer then it fall out Homer was before the building of Rome which Tully also doth beare witnesse of in his Quaestiones Tusculanae e Uirgill declareth Aeneid 5. Pelidae tunc ego f●…rti Congressum Aeneam nec diis nec viribus aequis Nube caua eripui cuperem cum vertere ab imo Structa meis ma●…ibus periturae maenia Troiae c. Then in an hollow cloud I sau'd him when he combatted that Greeke Though hauing neither fate nor force alike Then when mine own●… worke Troy I sought to raze c. f for thankes and thankelesse Gratis ingratis that an aduerbe this an adiectiue g Neptune Neptune after that Laomedon had thus cheated him was alwayes a heauy enemy of the Troyans But Apollo being more gentle and remisse was as good friends with them as before Virgill Aeneid 6. Phaebe graues Troiae semper miscrate lab●…res Dardana qui Paridis direxti ●…ela manusque Corpus in Acacidae c. Phaebus that alwaies pitied Troies distresse And g●…ue the hand of Paris good successe Against Achilles life c. h the senators by the Semprnoian law which Caius Gracchus preferred the Gentlemen of Rome had the iudging all causes twenty yeares together without any note of infamy and then by the law Plautian were selected fifteene out of euery tribe by the suffrages of the people to be iudges for that yeare this was done in the second yeare of the Italian warre Cn. Pompeius sonne to Sextus and L. Cato being consuls Afterwards the law Cornelian which Silla instituted the authority was reduced to the senat who iudged ten yeares together most partially and most corruptedly When the greater sort iudged saith Tully against Verres there was great complaning of vniust indgements Last of all by the law Aurelian preferred by M Aurelius Cotta being praetor both senat and people combined had the hearing and censuring of causes i the people Lucane in his first booke Hinc raptifasces precio sectorque fauoris Ipse sui populus lethalisque ambitus vrbi Annua venali referens certamima campo Hence coyne Fought consulships through this deiection The people sold their voices this infection Fild Mars his field with strife at each election k But heapt vp for the iudges were sworne to iudge truly and the people before they gaue their voices were sworne at a sacrifice not to hold any reward or fauour of the worth of the commonwealths estate and safety That the gods could not iustly be offended at the adultry of Paris vsing it so freely and frequently themselues CHAP. 3. WHerefore there is no reason to say that these gods who supported the empire of Troy were offended with the Troians periury when the Greekes did preuaile against all their protections Nor is it as some say in their defence that the anger at Paris his a adultery made them giue ouer Troyes defence for it is their custome to practise sinne them-selues and not to punish it in others b The Troians saith Salust as I haue heard were the first founders inhabitants of Rome those were they that came away with Aeneas and wandered without any certaine abode If Paris his fact were then to be punished by the gods iudgements it was either to fall vpon the Troians or else vpon the Romaines because c Aeneas his mother was chiefe agent therein But how should they hate it in Paris when as they hated it not in Venus one of their company who to omit her other pranks committed adultery with Anchifes and by him was begotten d Aeneas Or why should his falt anger Menelus and hers e please Vulcane I do not thinke the gods such abasers of their wiues or of themselues as to vouchsafe mortall men to partake with them in their loues Some perhaps will say I scoffe at these fables and handle not so graue a cause with sufficient grauity why then if you please let vs not beleeue that Aeneas is sonne to Venus I am content so f that Romulus likewise be not held to be Mars his sonne g If the one be so why is not the other so also Is it lawfull for the gods to medle carnally with women and yet vnlawfull for the men to meddle carnallie with Goddesses a hard or rather an incredible condition that what was lawfull for Mars h by Venus her law should not be lawfull for Venus by her owne law But they are both confirmed by the Romain authority for i Caesar of late beleeued no lesse that k Venus was his grand-mother then l Romulus of old beleeued that Mars was his father L. VIVES PAris his a adultery This I thinke is knowne to all both blind men and barbers as they say that the warres of Troy arose about
kinsfolkes bewailing her the Priests and other religious following the hearse with a sadde silence Neere to the gate was a caue to which they went downe by a ladder there they let downe the guilty person alone tooke away the ladder and shutte the caue close vp and least she should starue to death they set by her bread milke and oyle of each a quantitie together with a lighted lampe all this finished the Priests departed and on that day was no cause heard in law but it was as a vacation mixt with great sorrow and feare all men thinking that some great mischiefe was presaged to befall the weale publick by this punishment of the Vestall The vowes and duties of those Vestals Gellius amongst others relateth at large Noct. Atticarum lib. 1. b Neuer censuring others Before Augustus there was no law made against adulterers nor was euer cause heard that I know of concerning this offence Clodius indeed was accused for polluting the sacrifices of Bona Dea but not for adulterie which his foes would not haue omitted had it laine within the compasse of lawe Augustus first of all instituted the law Iulian against men adulterers it conteined some-what against vnchaste women also but with no capitall punishment though afterwards they were censured more sharpely as we read in the Caesars answers in Iustintans Code and the 47. of the Pandects Dionysius writeth that at Romes first originall Romulus made a lawe against adultery but I thinke hee speakes it Graecanicè as hee doth prettily well in many others matters Of Romulus his murther of his brother which the gods neuer reuenged CHAP. 6. NOw I will say more If those Deities tooke such grieuous and heinous displeasure at the enormities of men that for Paris his misdemeanour they would needes vtterly subuert the citty of Troy by fire and sword much more then ought the murder of Romulus his brother to incense their furies against the Romaines then the rape of Menelaus his wife against the Troians Parricide a in the first originall of a Citty is far more odious then adultery in the wealth and height of it Nor is it at all pertinent vnto our purpose b whether this murder were commanded or committed by Romulus which many impudently deny many doe doubt and many do dissemble Wee will not intangle our selues in the Laborinth of History vpon so laborious a quest Once sure it is Romulus his brother was murdered and that neither by open enemies nor by strangers If Romulus either willed it or wrought it so it is Romulus was rather the cheefe of Rome then Paris of Troy VVhy should the one then set all his goddes against his countrey for but rauishing another mans wife and the other obtaine the protection of c the same goddes for murdering of his owne brother If Romulus bee cleare of this imputation then is the whole citty guilty of the same crime howsoeuer in giuing so totall an assent vnto such a supposition and in steed of killing a brother hath done worse in killing a father For both the bretheren were fathers and founders to it alike though villany bard the one from dominion There is small reason to be showne in mine opinion why the Troians deserued so ill that their gods should leaue them to destruction and the Romaines so well that they would stay with them to their augmentation vnlesse it bee this that being so ouerthrowne and ruined in one place they were glad to flie away to practise their illusions in another nay they were cunninger then so they both stayed still at Troy to deceiue after their old custome such as afterwards were to inhabit there and likewise departed vnto Rome that hauing a greater scope to vse their impostures there they might haue more glorious honours assigned them to feede their vaine-glorious desires L. VIVES PArricide a in Parricide is not onely the murther of the parent but of any other equall some say ' Parricidium quasi patratio caedis committing of slaughter It is an old law of Num's He that willingly doth to death a free-man shall be counted a Parricide b Whether this murther There be that affirme that Remus being in contention for the Kingdome when both the factions had saluted the leaders with the name of King was slaine in the by●…kerng between them but whether by Romulus or some other none can certainely affirme Others and more in number saie that he was slaine by Fabius Tribune of the light horsemen of Romulus because he leaped in scorne ouer the newly founded walles of Rome and that Fabius did this by Romulus his charge Which fact Cicero tearmes wicked and inhumaine For thus in his fourth booke of Offices he discourseth of it But in that King that built the citty it was not so The glosse of commodity dazeled his spirits and since it seemed fitter for his profit to rule without a partner then with one he murdered his owne brother Here did he leape ouer piety nay and humanity also to reach the end hee aimed at profit though his pretence and coullour about the wall was neither probale nor sufficient wherfore be it spoken with reuerence to Quirinus or to Romulus Romulus in this did well c The same godds Which were first brought to Aeneas to I auiniun from thence to Alba by Ascanius and from Alba the Romaines had them by Romulus with the Assent of Num●…tor and so lastly were by Tullus transported all vnto Rome Of the subuersion of Ilium by Fimbria a Captaine of Marius his faction CHAP. 7. IN the first a heate of the b ciuill wars what hadde poore Ilium done that c Fimbria they veriest villaine of all d Marius his sette should raize it downe with more fury and e cruelty then euer the Grecians had shewed vpon it before For in their conquest many escaped captiuity by flight and many avoided death by captiuity But Fimbria charged in an expresse edicte that not a life should bee spared and made one fire of the Citty and all the creatures within it Thus was Ilium requited not by the Greekes whom her wronges had prouoked but by the Romaines whom her ruines had propagated their gods in this case a like adored of both sides doing iust nothing or rather beeing able to do iust nothing what were the gods gone from their shrines that protected this towne since the repayring of it after the Grecian victory If they were shew me why but still the better citizens I finde the worse gods They shut out Fimbria to keepe all for Sylla hee set the towne and them on fire and burned them both into dust and ashes And yet in meane-time f Sylla's side was stronger and euen now was hee working out his powre by force of armes his good beginnings as yet felt no crosses How then could the Ilians haue dealt more honestly or iustly or more worthy of the protection of Rome then to saue a citty of Romes for better endes and to keepe out a
vshered in by such a mischieuous presage If this had befallen in our times wee should bee sure to haue had these faithlesse miscreants a great deale madder then the others dogs were L. VIVES ALtercations a and For before they did but wrangle reuile and raile their fights were only in words no weapons b Latium being associate when as the Senate had set vp M. Liuius drusus tribune against the power of the Gentlemen who had as then the iudging of all causes through Gracchus his law Drusus to strengthen the senates part the more drew all the seuerall nations of Italy to take part with him vpon hope of the possessing the citty which hope the Italians catching hold vpon and being frustrate of it by Drusus his sudden death first the Picenians tooke armes and after them the Vestines Marsians Latines Pelignians Marucians Lucanes and Samnits Sext. Iul. Caesar L. Marcius Philippus being consulls in the yeare of the citty DCLXII They fought often with diuers fortunes At last by seuerall generalls the people of Italy were all subdued The history is written by Liuy Florus Plutarch Orosius Velleius Appian b asociats the Latins begun the stirre resoluing to kill the consulls Caesar and Philip vpon the Latine feast daies c all the creatures Orosi lib. 5. The heards about this time fell into such a madnesse that the hostility following was here-vpon coniectured and many with teares fore-told the ensuing calamities d a prodigious signe Here the text is diuersly written in copies but all to one purpose Of the ciuill discord that arose from the seditions of the Gracchi CHAP. 24. THe sedition a of the Gracchi about the law Agrarian gaue the first vent vnto all the ciuill warres for the lands that the nobility wrongfully possessed they would needes haue shared amongst the people but it was a daungerous thing for them to vndertake the righting of a wrong of such continuance and in the end it proued indeed their destruction what a slaughter was there when Tiberius Gracchus was slaine and when his brother followed him within a while after the noble and the base were butchered together in tumults and vproars of the people not in formal iustice nor by order of law but al in huggermugger After the latter Gracchus his slaughter followed that of L. Opimius consull who taking armes in the Citty agaist this Gracchus and killing him and all his fellowes had made a huge slaughter of Cittizens by this meanes hauing caused three thousand to bee executed that he had condemned by law By which one may guesse what a massacre there was of all in that tumultuous conflict sith that 3. thousand were marked out by the law as orderly condemned and iustly slaine Hee that b killed Gracchus had the waight of his head in gould for that was his bargaine before And in this fray was c M. Fuluius slaine and all his children L. VIVES THe a Gracchi we haue spoken of them before Tiberius was the elder and Caius the younger Tiberius was slaine nine yeare before Caius read of them in Plutarch Appian Ualerius Cicero Orosius Saluste Pliny and others b killed Gracchus C. Gracchus seeing his band expelled by the Consull and the Senate hee fled into the wood of Furnia Opimius proclaiming the weight of his head in gold for a rewarde for him that brought it So Septimuleius Anagninus a familiar friend of Gracchus his came into the wood quietly and hauing talked a while friendly with him on a sudden stabbeth him to the heart cuts off his head and to make it weigh heauier takes out the braines and filles the place with lead Opimius was Consull with Q. Fabius Maximus nephew to Paulus and kinsman to Gracchus c M. Fuluius one that had beene Consull with Marcus Tlautius but fiue yeares before Of the temple of Concord built by the Senate in the place where these seditions and slaughters were effected CHAP. 25. A Fine decree surely was it of the Senate to giue charge for the building of Concords a temple iust b in the place where those out-rages were acted that the monument of Gracchus his punishment might bee still in the eye of the c pleaders and stand fresh in their memory But what was this but a direct scoffing of their gods They built a goddesse a temple who had she beene amongst them would neuer haue suffered such grose breaches of her lawes as these were vnlesse Concord being guilty of this crime by leauing the hearts of the citizens deserued therefore to be imprisoned in this temple Otherwise to keepe formality with their deedes they should haue built Discord a Temple in that place Is there any reason that Concord should be a goddesse and not Discord or that according to Labeo his diuision shee should not bee a good goddesse and Discord an euill one Hee spoake vpon grounds because he sawe that Feuer had a Temple built her as well as Health By the same reason should Discord haue had one as well as Concord Wherefore the Romaines were not wise to liue in the displeasure of so shrewd a goddesse they haue forgotten that d shee was the destruction of Troy by setting the three goddesses together by the eares for the golden Apple because shee was not bidden to their feast Where-vpon the goddesses fell a scolding Venus shee gotte the Apple Paris Hellen and Troye vtter destruction Wherefore if it were through her anger because shee had no Temple there with the rest that shee sette the Romaines at such variance how much more angrye would shee bee to see her chiefest enemie haue a Temple built in that place where shee had showne such absolute power Now their greatest Schollers doe stomacke vs for deriding these vanities and yet worshipping those promiscuall gods they cannot for their liues cleare them-selues of this question of Concord and Discord whether they let them alone vnworshipped and preferre Febris and Bellona before them to whome their most ancient Temples were dedicated or that they doe worship them both as well as the rest How-so-euer they are in the bryers seeing that Concord gotte her gone and left Discord to play hauock amongst them by her selfe L. VIVES COncords a Temple There were many Temples of Concord in Rome the most ancient built by Camillus for the acquittance of the Galles from Rome I know not whether it was that which Flauius dedicated in Vulcans court which the Nobles did so enuie him for P. Sulpitius and P. Sempronius being Consulls I thinke it is not that Another was vowed by L. Manlius Praetor for the ending of the Souldiers sedition in France It was letten forth to bee built by the Duum-viri Gn. Puppius Caeso and Quintius Flaminius were for this end made Duum-virs It was dedicated in the towre by M. and Gn. Attilii Liu. lib. 22. and 23. A third was in the Romaine court neere to the Greeke monuments built by Opimius Consull hauing dissolued Gracchi his faction and there also is the Opimian
inspire and transforme them The later of the latine verses in the text dot●… not expresse Homers mind But I suspect it to be wronged in copying Of Gods fore-knowledge and mans freedome of election again●…t the opinion of Cicero CHAP. 9. AGainst those men Tully thinketh he cannot hold argument vnlesse hee ouerthrow diuination therefore he laboureth to proue that there is no praescience nor fore-knowledge of things to come a either in God or man there is directly no such matter Thus denieth he Gods fore-knowledge idely seeketh to subuert the radiant lustre of true prophecies by propounding a sort of ambiguous and fallible oracles whose truth not-withstanding he doth not confute But those coniectures of the Mathematiques he layeth flat for indeed they are the ordinance to batter them-selues But for al that their opinion is more tollerable y● ascribe a fate b vnto the stars then his that reiects al fore-knowledge of things to come For to acknowledge a God yet to deny that is monstrous madnes which he obseruing went about to proue euen that with the foole hath said in his heart there is no God Mary not in his own person he saw the danger of mallice too well and therfore making Cotta dispute hand-smooth against the Stoikes vpon this theame in his books De natura Deorum there he seemes more willing to hold with c Lucilius Balbus that stood for the Stoikes then with Cotta that argued against the diuine essence But in his bookes Of diuination hee directly opposeth the fore-knowledge of thinges d of him-selfe and in his owne person all which it seemeth hee didde least hee should yeelde vnto fate and so loose the freedome of election For hee supposed that in yeelding to this fore-know-ledge fate would follow necessarily there-vpon without all deniall But how-soeuer the Phylosophers winde them-selues in webbes of disputations wee as wee confesse the great and true GOD so do we acknowledge his high will power and fore-knowledge Nor lette vs feare that wee doe not performe all our actions by our owne will because he whose fore-knowledge cannot erre knew before that we should do thus or thus which Tully feared and therfore denied fore-knowledge and the Stoiks that held not al things to be done by necessity thought that they were done by fate What then did Tully fe re in this praescience that he framed such detestable arguments against it Verily this that if all euents were knowne ere they came to passe they should come to passe according to that fore-knowledge And if they come so to passe then God knoweth the certain order of things before hand and consequently the certaine order of the causes and if he know a certaine order of causes in all euents then a●…e all euents disposed by fate which if it be so wee haue nothing left in our power nothing in our will which granted saith he the whole course of humanity is ouerturned law correction praise disgrace exhortation prohibition al are to no end nor is ther any iustice in punishing the bad and rewarding the good For auoiding of which inconueniences so absurd and so pernitious he vtterly reiecte●…h this fore-knowledge of things and draweth the religious minde into this strait that either there must be som-what in the power of our will or else that there is a fore-knowledge of things to come but the granting of the one is the subuersiō of the other choosing of the fore-knowledge we must loose the freedome of election and choosing this we must deny the other Now this learned and prouident man of the two maketh choyse of freedome of election and to confirme it denieth the fore-knowledge vtterly And so instead of making men free maketh them blasphemous But the religious mind chooseth them both confesseth confirmeth them both How saith he For granting this fore-knowledge there followeth so many consequents that they quite subuert all power of our will and holding thus by the same degrees we ascend till we find there is no praescience of future things at all for thus we retire through them If there be any freedome of the will all things do not follow destiny If all thinges follow not destiny then is there no set order in the causes of things Now if there bee 〈◊〉 set order in the causes of all things then is there no set order of the things them-selues in Gods fore-knowledge since they come from their causes If there bee not a sette order of all thinges in GODS fore-knowledge then all things fall not out according to the sayd knowledge Now if all thinges fall not out as hee hadde his fore-knowledge of them then is there in God no fore-knowledge of thinges to come To these sacriligious and wicked opposers thus wee reply GOD doth both know all thinges ere they come to passe and wee doe all thinges willingly which wee doe not feele our selues and knowe our selues directly inforced to Wee hold not that all thinges but rather that nothing followeth fate and whereas Fate vseth to be taken for a position of the stars in natiuities and conceptions we hold this a vaine and friuolous assumption wee neither deny an order of causes wherein the will of God is all in all nether do we cal it by the name of Fate g vnles Fate be deriued of fari to speak for we cannot deny that the scripture saith God spake onc●… these two things I haue heard that power belongeth vnto God to thee O Lord mercy for thou wilt reward euery man according to his workes For whereas hee saith God spake once it is meant that hee spake vnmooueably and vnchangeably that all thinges should fall out as hee spake and meant to haue them In this respect wee may deriue fate from fari to speake but we must needes say withall that it is vsed in another sence then we would haue men to thinke vppon But it doth not follow that nothing should bee left free to our will because God knoweth the certaine and sette order of all euents For Our very wills are in that order of causes which God knoweth so surely and hath in his praescience humain wils beeing the cause of humaine actions So that hee that keepeth a knowledge of the causes of all thinges cannot leaue mens wills out of that knowledge knowing them to bee the causes of their actions g For Tullies owne wordes Nothing commeth to passe without an efficient cause is sufficient alone to sway downe this matter quite against him-selfe for what auailes the subsequence Nothing is without a cause but euery cause is not fatall because there are causes of chance nature and will It is sufficient that nothing is done but by precedent cause For those causes that are casuall giuing originall to the name of Fortune wee deny them not wee say they are secret and ascribe them either to the will of the true God or of any other spirit The h naturall causes wee doe neuer diuide from his will who is natures
that the euents of things to come proceed not from Gods knowledge but this from them with not-withstanding in him are not to come but already present wherein a great many are deceiued wherfore he is not rightly said to fore-know but only in respect of ou●… actions but already to knowe see and discerne them But is it seen vnfit that this eternall knowledge should deriue from so transitory an obiect then we may say that Gods knowledge ariseth from his prouidence and will that his will decreeth what shall bee and his knowledge conceiueth what his will hath appointed That which is to come saith Origen vppon Genesis is the cause that God knoweth it shall come so it commeth not to passe because God knoweth it shall come so to passe but God fore-knoweth it because it shal come so to passe m Vse the word So do most of the latines Poets Chroniclers and Orators referring fate to men and will to God and the same difference that is here betweene fate will Boethius puts betweene fate and prouidence Apuleius saith that prouidence is the diuine thought preseruing hi●… for whose cause such a thing is vndertaken that fate is a diuine law fulfilling the vnchangable decrees of the great God so that if ought be done by prouidence it is done also by fate and if Fate performe ought Prouidence worketh with it But Fortu●… hath something to doe about vs whose causes we vtterly are ignorant of for the euents runne so vncertaine that they mixing them-selues with that which is premeditated and we thinke well consulted of neuer let it come to our expected end and when it endeth beyond our expectation so well and yet these impediments haue intermedled that wee call happynesse But when they pe●…uert it vnto the worst it is called misfortune or vnhappynesse In Dogmata Platonis Whether necessity haue any dominion ouer the will of man CHAP. X. NOr need we feare that a Necessity which the Stoikes were so affraid off that in their distinctions of causes they put some vnder Necessity and some not vnder it and in those that did not subiect vnto it they g●… our wils also that they might bee free though they were vrged by necessity But if that bee necessity in vs which is not in our power but will be done do what wee can against it as the necessity of death then is it plaine that our wills are subiect to no such necessity vse we them howsoeuer well or badly For we do many things which wee could not do against our wils And first of all to will it selfe if we will a thing there is our will If we will not it is not For we cannot will against our wills Now if necessity be defined to be that whereby such a thing musts needes fall out thus or thus I see no reason we should feare that it could hinder the freedome of our wills in any thing b For we neither subiect Gods being nor his praesciences vnto necessity when wee say God must needes liue eternally and God must needes fore-know all thinges no more then his honour is diminished in saying hee cannot erre hee cannot die He cannot do this why because his power were lesse if he could doe it then now it is in that he cannot Iustly is he called almighty yet may hee not dye nor erre He is called almighty because he can do all that is in his will not because he can suffer what is not his will which if he could he were not almighty So that he cannot do some things because he can do all things So when wee say that if we will any thing of necessity we must will it with a freedome of will tis●… true yet put we not our wil vnder any such necessity as depriues it of the freedome So that our wils are ours willing what●…vve will and if we will it not neither do they will it and if any man suffer any thing by the will of another against his own will his will hath the own power still his sufferance commeth rather frō the power of God then from his own will for if hee vvilled that it should be other wise and yet could not haue it so his will must needes bee hindered by a greater power yet his will should be free still not in any others power but his that willed it though he could not haue his will performeds wherfore what-soeuer a man suffereth against his wil he ought not attribute it vnto the wils of Angels Men or any other created spirits but euen to his who gaue their wils this power So then c our wils are not vse-les because that God fore-seeth what wil be in them he that fore-saw it what-euer it be fore-saw somwhat and if he did fore know somewhat then by his fore-knowledge there is som-thing in our vvils Wherfore vve are neither compelled to leaue our freedom of will by retayning Gods fore-knowledge nor by holding our willes freedome to denie GODS fore-knowledge GOD forbid vvee should vve beleeue and affirme them both constantly and truly the later as a part of our good faith the former as a rule for our good life and badly doth hee liue that beleeueth not aright of GOD. So God-forbid that wee should deny his fore-knowledge to be free by whose helpe wee either are or shall bee free d Therefore law correction praise disgrace exhortation and prohibition are not in vaine because hee fore-knew that there should bee such They haue that power which hee fore-knew they should haue and prayers are powerful●…●…o attaine those thinges which hee fore-knoweth that hee will giue to such as pray for them Good deedes hath hee predestinated to reward and euil to punishment e Nor doth man sinne because God fore-knew that he would sin nay therfore it is doubtlesse that he sinneth when he doth sin because that God whose knowledge cannot be mistaken fore-saw that neither fate nor fortune nor any thing else but the man himselfe would sin who if he had not bin willing he had not sinned but whether he should be vnwilling to sinne or no that also did God fore-know L. VIVES THa●… a a necessitie Me thinketh saith Tully that in the two opinions of the Philosophers th●… 〈◊〉 holding fa●…e the doer of all things by a very law of necessity of which opinion Democritus Heraclitus Empedocles and Aristotle were and the other exempting the motions of the wil from this law Chrysippus professing to step into a meane as an honorable arbitrator betweene them inclineth rather to those that stand for the minds freedom De fato lib. Therfore did Oenomaus y● Cynike say that Democritus had made our mindes slaues and Chrysippus halfe slaues Euseb. de praep Euang. l. 6. Therin is a great disputation about Fate The Stoikes bringing all vnder fate yet binde not our mindes to any necessity nor let them compel vs to any action For all things come to passe in fate by causes precedent and subsequent
we leaue single as wanting m meanes of the bargaine chiefly some beeing widowes as Populonia Fulgura and Rumina nor wonder if these want sutors But this rable of base gods forged by inueterate superstition wee will adore saith hee rather for lawes sake then for religions or any other respect So that neither law nor custome gaue induction to those things either as gratefull to the gods or vse-full vnto men But this man whom the Philosophers as n free yet beeing a great o Senator of Rome worshipped that hee disauowed professed that hee condemned and adored that hee accused because his philosophy had taught him this great matter not to bee superstitious in the world but for law and customes sake to imitate those things in the Temple but not acte them in the Theater so much the more damnably because that which he counterfeited he did it so that the p people thought hee had not counterfeited But the plaier rather delighted them with sport then wronged them with deceite L. VIVES APostles a times It may bee the proofes are the Epistles that are dispersed vnder the name of him to Paul and Paul vnto him but I thinke there was no such matter But sure it is that he liued in Nero's time and was Consull then and that Peter and Paul suffred martirdome about the same time For they and hee left this life both within two yeares it may be both in one yeare when Silius Nerua and Atticus Vestinus were Consulls b Booke against superstitions These and other workes of his are lost one of matrimony quoted by Hierome against Iouinian of timely death Lactant of earth-quakes mentioned by himselfe These and other losses of old authors Andrew Straneo my countriman in his notes vpon Seneca deploreth a tast of which he sent me in his Epistle that vnited vs in friendship He is one highly learned and honest as highly furthering good studies with all his power himselfe and fauoring all good enterprises in others c Strato Son to Archelaus of Lanpsacus who was called the Phisicall because it was his most delightfull studie hee was Theophrastus his scholler his executor his successor in his schoole and maister to Ptolomy Philadelphus There were eight Strato's Laërt in Uit. d That not the The grammarians cannot endure N●… and quidem to come together but wee reade it so in sixe hundred places of Tully Pliny L●… and others vnlesse they answere vnto all these places that the copiers did falsify them I doe not thinke but an interposition doth better this I say e Recorded As Dyonisius Phalaris Mezentius Tarquin the Proud Sylla C●…a Marius Tiberius Cla●… and Caligula f Some haue The Persian Kings had their Eunuches in whome they put especiall trust So had Nero g Osyris Hee beeing cut in peeces by his brother Typhon and that Isis and Orus Apollo had reuenged his death vpon Typhon they went to seeke the body of Osyris with great lamentation and to Isis her great ioy found it though it were disparkled in diuers places and herevpon a yearely feast was instituted on the seeking of Osyris with teares and finding him with ioy Lucane saith herevpon Nunquam satis qua●…us Osyris the ne're wel-sought Osyris h Be his aduocates Uadaeri is to bring one to the iudge at a day appointed Vadimonium the promise to bee there So the phrase is vsed in Tully to come into the Court and the contrary of it is non obire not to appeare Pliny in the preface of his history and many other authors vse it the sence here is they made the gods their aduocates like men when they went to try their causes i Arch-plaier Archimimus co●… of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to imitate because they imitated their gestures whom they would make ridiculous as also their conditions and then they were called Ethopaei and Ethologi whereof comes Ethopeia Quintil. Pantomimi were vniuersall imitators Archimimi the chiefe of all the Mimikes as Fano was in Vespasians time Who this was that Seneca mentions I know not k Terrible She was iealous and maligned all her step-sons and Ioues harlots so that shee would not forbeare that same Daedalian statue which Ioue beeing angry threatned to marry in 〈◊〉 For being reconciled to him she made it be burnt Plut. Hence was Numa's old law No 〈◊〉 touch Iuno's altar Sacrifice a female lambe to Iuno with disheueled hayre l Bellona Some ●…ke her his mother and Nerione or as Varro saith Neriene his wife which is as Gel●… a Sabine word signifieth vertue and valour and thence came the Nero's surname ●…es had it from the Greekes who call the sinewes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and thence comes our Ner●… and the Latine Neruus Plaut Trucul Mars returning from a iourney salutes his wife Ne●… 〈◊〉 Noct. Att. lib. 10. m Meanes of the bargaine That is one to bee coupled with hen●…●…es the Latine phrase Quaerere condicionem filiae to seeke a match for his daughter 〈◊〉 lib. 4. Cic. Philipp It was vsed also of the Lawiers in diuorses Conditione tua 〈◊〉 〈◊〉 I le not vse thy company n As free We must seeme Philosophy saith Seneca to be free vsing free as with a respect not simply o Seneca Hee was banished by Claudius but 〈◊〉 being executed and Agrippina made Empresse she got his reuocation and senatorship ●…torship of the Emperor that hee might bring vp her sonne Nero. So afterward Tr●…●…ximus and he were Consulls Ulp. Pandect 36. Hee was won derfull ritch Tranquill Tatius The gardens of ritch Seneca p People His example did the harme which Ele●…●…ed ●…ed to auoide Macchab. 2. 6. with far more holinesse and Philosophicall truth Seneca his opinion of the Iewes CHAP. 11. THis man amongst his other inuectiues against the superstitions of politique 〈◊〉 Theology condemnes also the Iewes sacrifices chiefly their saboaths say●… 〈◊〉 by their seauenth day interposed they spend the seauenth part of their 〈◊〉 idlenesse and hurt themselues by not taking diuers things in their time ●…et dares he not medle with the Christians though then the Iewes deadly 〈◊〉 vpon either hand least he should praise them against his countries old cus●… or dispraise them perhaps against a his owne conscience Speaking of the 〈◊〉 he saith The custome of that wicked nation getting head through all the world the vanquished gaue lawes to the vanquishers This hee admired not ●…ing the worke of the god-head But his opinion of their sacraments hee subscribeth They know the cause of their ceremonies saith hee but most of the people doe they know not what But of the Iewish sacrifices how farre gods institutions first directed them and then how by the men of God that had the mistery of eternity reuealed to them they were by the same authority abolished wee haue both els-where spoken chiefly against the b Manichees and in this worke in conuenient place meane to say some-what more L. VIVES AGainst a his owne Nero hauing fired Rome many were blamed for the
preuenting our eye-sights So doth hee that 〈◊〉 bread and blowes forth meale and hee that drinkes and letts it out at his throate 〈◊〉 ●…ople will maruell to see them eate daggers spue heapes of needles laces and 〈◊〉 〈◊〉 to speake of the trickes of naturall Magicke making men looke headlesse and 〈◊〉 like Asses●…●…nd spreading a Vine all ouer the roome Many know the reasons hereof 〈◊〉 ●…e written of and easily done by men much more by the deuils that are such cunning 〈◊〉 That the Pagans suspected their gods myracles to bee but illusions or saigned ●…tions Ualerius sheweth plainely lib. 1. I know saith hee the doubtfull opinion of 〈◊〉 concerning the gods speach and apparitions obiected to mens ●…ares and eyes but 〈◊〉 they are old traditions let vs beleeue their authors and not detract from the autho●… reuerend and antique doctrine And Liuie saith in diuerse places that the dangerous 〈◊〉 mens thoughts so scrupulous that they beleeued and reported farre more myra●… were true m Fetching downe Of the Magicians power Lucan writeth thus Illis et Sydera Primum Praecipiti deducta polo Phaebeque serena Non aliter diris verborum obsessa venenis Palluit et nigris terrenisque ignibus arsit Quam si fraterna prohiberet imagine tellus I●…sereretque s●…as flammis c●…lestibꝰ vmbras Et patitur tant●…s cātu depress●… labores Do●…ec suppositas propior despumet in herbas They first disroab'd the spheres Of their cleare greatnes and Phaebe in her station With blacke enchantments and damn'd Inuocation They strike as red or pale and make her fade As if the Sunne casting earths sable shade Vpon her front this alteration made So plague they her with harmes till she come nyer And spume vpon such herbes as they desire So in Uirgil a witch saith shee can turne the course of the starres Aeenid 4. And Apuleius his witch could weaken the gods and put out the starres And Ouid saith of Medea Illa reluctātē cursu deducere lunā Nititur tenebras addere solis ●…quis She workes to fetch swift Phaebe from her chaire And wrap the Sunnes bright steeds in darkned ayre For they beleeued that charmes would fetch the Moone downe from heauen Uirg Pharma●… Carmin●…●…el ●…lo possunt deducere lunā Charmes force the siluer Moone downe from her spheare And Phaedras nurse in Seneca's Hippolitus worshipeth the Moone in these termes Sic te Lucidi vultus ferant Et nube ruptâ cornibꝰ puris eas Sic te gerentē frena nocturni ●…theris Detrab●…re nunquam Thessali cantus queant So be thy face vnshrouded And thy pure hornes vnclouded So be thy siluer chaire farre from the reach Of all the charmes that the Thessalians teach And in these troubles they held that making of noyse helped the moone and kept her from hearing the inchaunters words whervpon they sounded cymballs and bet vpon drummes and b●…sens for this they thought a singular helpe Propert. Cantus et é curru lun●…m deducere tētant Et facerent si nō aer●… repulsa sonent Charmes seeke to draw downe Phaebe from her seating And would but for the noyse of basens beating And I●…all speaking of a woman that was an euerlasting prater saith Vn●… laboranti p●…terit succurrerre lunae Her onely voyce would keepe the moone from charmes They vsed it also in Eclipses not knowing their cause Pliny speaking of the first declarers hereof saith 〈◊〉 ●…n and learned that discouered much in the law of nature more then others 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of s●… starres or some mischiefe to beefall them in their eclipses Pindarus 〈◊〉 〈◊〉 both great schollers were subiect to this feare the fayling of the Sunne and Moones light 〈◊〉 said they the power of witchcraft vpon them and therefore men b●… it from them 〈◊〉 〈◊〉 ●…d confused sounds Nor is it any wonder those learned men shoul●… beleeue that the Moone was set from heauen when as there was a sort of men since wee co●… remember that beleeued that an asse had drunke vp the moone because drinking in the 〈◊〉 where it shonne a cloud came on the sudden and couered it so the asse was impriso●… 〈◊〉 ●…ing had a very lawfull and orderly tryall was ripped vppe to haue the Moone 〈◊〉 of his belly to shine in the world againe n She spum'd This they held was the 〈◊〉 of Cerberus dogge vnto the Moone Hecate or Proserpina and the Enchantresses 〈◊〉 it much in their witch-crafts Of the Arke of the testament and the miracles wrought to confirme this law and promise CHAP. 17. 〈◊〉 we of God giuen by the Angels commaunding the worship of one God and forbidding all other was put vppe in an Arke called the Arke of the 〈◊〉 VVhereby is meant that GOD to whose honour all this was 〈◊〉 was not included in that place or any other because hee gaue them 〈◊〉 answers from the place of the Arke and shewed miracles also from 〈◊〉 but that the Testament of his will was there The law that was 〈◊〉 vppon tables of stone and putte in the Arke beeing there VVhich 〈◊〉 in their trauell carryed in a Tabernacle gaue it also the name of 〈◊〉 ●…nacle of the Testament which the Priestes with due reuerence did 〈◊〉 And their signe was a pillar of a clowd in the day which shone in the night 〈◊〉 and when it remoued the tents remoued and where it stayed they rested 〈◊〉 the law had many more great testimonies giuē for it besides what I haue 〈◊〉 besides those that approached out of the place where the Arke stood for 〈◊〉 ●…ey and the Arke were to passe Iordan into the land of promise The waters 〈◊〉 lef●… them a dry way Besides hauing borne it 7. times about the first Citty th●… 〈◊〉 their foe and as the ●…and was then slaue to Paganisme the wals fell flatte 〈◊〉 ●…thout ruine or battery And when they had gotten the land of Promise 〈◊〉 Arke for their sins was taken from them and placed by the victor Idola●…●…ir cheefe gods temple and lockt fast in comming againe the next day 〈◊〉 ●…nd their Idoll throwne downe and broken all to peeces and being terrifi●…●…se prodigies besides a more shamefull scourge they restored the Arke 〈◊〉 they tooke it from And how They set it vpon a carriage yoking kine in 〈◊〉 ●…eifers whose calues they tooke from them and so in tryal of the diuine 〈◊〉 ●…rn'd them loose to go whether they would They without guide came ●…ght to the Hebrwes neuer turning again for the bleating of their Calues but ●…ought home this great mistery to those that honoured it These and such like ●…thing to God but much to the terror and instruction of man For if the Phi●…ers cheefely the Platonists that held the prouidence of God to extend 〈◊〉 thing great and small by the proofe drawne from the seueral formes ●…auties of herbs and flowers as wel as liuing creatures were held to be more 〈◊〉 perswaded then the rest How much more do
Egipt in the pronince of Delta where Amasis was borne built by the same M●… who is called Neuth in Egypt and Athene in Attica The Athenians haue a moneth 〈◊〉 at the first new Moone in December which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in memory of th●… contention of Neptune and Pallas c Then it was Both there and else-where and Plato requited it in his Repub. d Athenians Wherevpon they were neuer called but Atticae as Ne●…des saith the men indeed were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not the women the reason was saith he because their wiues in their salutations should not shame the Virgins for the woman taketh her husbands name and they being called Athenians if the Virgins should bee called Atheni●… they should be held to be married But Pherecrates Philemon Diphilus Pindarus and di●… other old poets call the women of Athens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word Phrynichus the Bithini●… sophister holdeth to bee no good Athenian Greeke and therefore wondereth that Pherec●…s a man wholy Atticizing would vse it in that sence f By a feminine A diuersity of reading but of no moment Varros relation of the originall of the word Areopage and of Deucalions deluge CHAP. 10. BVt Varro will beleeue no fables that make against their gods least hee should disparage their maiesty and therefore he will not deriue that a Areopagon the place b where Saint Paul disputed with the Athenians and whence the Iudges of the citty had their names from that that c Mars in greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beeing accused of homicide was tried by twelue gods in that court and quit by sixe voices so absolued for the number beeing equall on both sides the absolution is to ouer-poyse the condemnation But this though it be the common opinion he reiects endeauoreth to lay down another cause of this name that the Athenians should not offer to deriue Areopagus from d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Pagus for this were to i●…e the gods by imputing broiles and contentions vnto them and therefore he affirmeth this and the goddesses contention about the golden apple both a●…se though the stages present them to the gods as true and the gods take 〈◊〉 in them bee they true or false This Varro will not beleeue for feare of ●…ing the gods in it and yet hee tells a tale concerning the name of A●… of the contention betweene Neptune and Minerua as friuolous as this and maketh that the likeliest originall of the citties name as if they two contending by prodigies Apollo durst not bee iudge betweene them but as Paris was called to decide the strife betweene the three goddesses so he was made an vmpier in this wrangling of these two where Minerua conquered by her fautors and was conquered in her fautours and getting the name of Athens to her selfe could not leaue the name of Athenians vnto them In these times as Varro saith e Cranaus Cecrops his successor reigned at Athens or Cecrops himselfe as our Eus●…s and Hierome doe affirme and then befell that great inundation called the ●…d of Deucalion because it was most extreame in his Kingdome But f it ●…ot nere Egipt nor the confines thereof L. VIVES A●…gon In some Areon Pagon in others Arion Pagon in greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Stephanus ●…ibus saith it was a promontory by Athens where all matters of life death were 〈◊〉 there were two counsels at Athens as Libanius the Sophister writeth one continu●…●…ing of capitall matters alwaies in the Areopage the other changing euery yeare and ●…ng to the state called the counsell of the 500. of the first our Budaeus hath writ large●… 〈◊〉 〈◊〉 both languages Annot. in Pandect b Where Saint Paul Act. 17. c Mars called The common opinion is so and Iuuenall therevpon calleth the Areopage Mars his Court. Pausanias saith it had that name because Mars was first iudged there for killing Alirrhothion Neptunes sonne because hee had rauished Alcippa Mars his daughter by Aglaura the daughter of Cecrops And afterwards Orestes was iudged there for killing of his mother and being quit he built a Temple vnto Minerua Ar●…a or Martiall d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Pagus I doe not thinke Areopagus is deriued hence as if it were some village without the towne or streete in the Citty but Pagus is some-times taken for a high place or stone or promontory as Stephanus calleth it For Suidas saith it was called Ariopagus because the Court was in a place aloft vpon an high rock and Arius because of the flaughter which it decided being all vnder Mars Thus Suidas who toucheth also at the iudgement of Mars for killing of Alirrhothion out of Hellanicus lib. 1. As we did out of Pausanias and this we may not ommit there were siluer stones in that Court wherein the plaintifs and the defendants both stood the plaintifs was called the stone of Impudence and the defendants of Iniury And hard by was a Temple of the furies e Cranaus Or Amphyction as I sayd but Eusebius saith Cecrops himselfe But this computation I like not nor that which hee referreth to the same viz. That Cecrops who sailed into Euboea whom the Greekes call the sonne of Erichtheus ruled Athens long after the first Cecrops and of him were the Athenians called Cranai as Aristophanes called them Strabo writeth that they were called Cranai also but to the deluge and Deucalion Hee was the sonne of Prometheus and Oceana as Dionysius saith and hee married Pirrha the daughter of his vncle Epimetheus and Pandora and chasing the Pelasgiues out of Thessaly got that Kingdome leading the borderers of Parnassus the Leleges and the Curetes along in his warres with him And in his daies as Aristotle saith sell an huge deale of raine in Thessaly which drowned it and almost all Greece Deucalion and Pyrrha sauing themselues vpon Parnassus went to the Oracle of Themis and learning there what to doe restored man-kinde as they fable by casting stones ouer their shoulders back-ward the stones that the man threw prouing men and Pyrrhas throwes bringing forth women Indeed they brought the stony and brutish people from the mountaines into the plaines after the deluge and that gaue life to the fable In Deucalions time saith Lucian in his Misanthropus was such a ship-wrack in one instant that all the vessells were sunke excepting one poore skiffe or cock-boate that was driuen to Lycorea Lycorea is a village by Delphos named after King Licoreus Now Parnassus as Stephanus writeth was first called Larnassus of Deucalious 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or couered boate which he made him by the counsell of his father Prometheus and which was driuen vnto this mountaine Strabo saith that Deucalion dwelt in Cynos a Citty in Locris neare vnto Sunnius Opuntius where Pirrhas sepulchre is yet to bee seene Deucalion being buried at Athens Pausanias saith there was a Temple at Athens of Deucalions building and that hee had dwelt there Yet
good of his countrie disguised himselfe went into the Laconian campe and falling to brable with the souldiours was slaine So they lost the fielde and all their Kingdome besides excepting onely Megara m An Oracle Eyther that the Laconians should conquer if they killed not Codrus Trog or that the Athenians should conquer if Codrus were killed Tusc. quaest lib. 3. Seruius deliuereth it as wee did but now n Him the Athenians If these bee gods saith Tully Denat Deor. 〈◊〉 then is Erichtheus one whose priest and temple we see at Athens if hee be a god why then is not Codrus and all those that fought and died for their countries glory Gods also which if it be not probable then the ground whence it is drawne is false These words of Tully seeme to auerre that Codrus was held no god at Athens rather then otherwise o Creusa Daughter to Priam and Hecuba wife to Aeneas mother to Ascanius But Aeneas in Italy had Syluius by 〈◊〉 and hee was named Posthumus because his father was dead ere hee were borne Some think that Lauinia after Aeneas his death swaied the state till Syluius came to yeares and then ●…igned to him Some say Ascanius had it though hee had no claime to it from Lauinia by whom it came but because that she had as yet no sonne and withall was of too weake a sex to manage that dangerous war against Mezentius hisson Lausus leaders of the Hetrurians therefore she retired into the country and built her an house in the woods where she brought vppe her sonne calling him therevpon Syluius Now Ascanius hauing ended the warre fetched them out of the woods and vsed them very kindly but dying hee left his Kingdome to his son I●…lius betweene whom and his vncle Syluius there arose a contention about the Kingdome which the people decided giuing Syluius the Kingdome because he was of more yeares discretion and withall the true heire by Lauinia and making Iulus chiefe ruler of the religion a power next to the soueraignes Of this Caesar speaketh both in Lucane and in Suetonius And this power remained to the Iulian family vntill Dionys. his time I remember I wrote before that because of Neptunes prophecy in Homer some thought that Aeneas returned into Phrygia hauing seated his fellowes in Italy and that hee reigned ouer the Troians th●…re at their ●…ome perhaps stealing from that battaile with Mezentius and so shipping away thether But ●…f that Homer meane the Phrygian Troy then he likewise speaketh of Ascanius whom many hold did reigne there againe Dionysius saith that Hellenus brought Hectors children back to l●… and Ascanius came with them and chased out Antenors sonnes whom Agamemnon had ●…de viceroies there at his departure There is also a Phrygian Citty called Antandron where Ascanius they say reigned buying his liberty of the Pelasgiues for that towne wherevpon it had the name So that it is a question whether Aeneas left him in Phrygia or that his father being dead in Italy and his step-mother ruling all he returned home againe Hesychius names Ascania a citty in Phrygia of his building Steph. It may bee this was some other son of Aeneas ●…s then that who was in Italie For I beeeue Aeneas had more sonnes of that name ●…en one It was rather a sur-name amongst them then otherwise for that Ascanius that is 〈◊〉 to rule in Italy properly hight Euryleon p Melanthus Codrus his father How hee got this Kingdome is told by many but specially by Suidas in his Apaturia This feast saith hee was held at Athens in great sollemnity three daies together and Sitalcus his sonne the ●…ing of Thrace was made free of the Citty The first day they call Dorpeia the supping day for that daie their feast was at supper the second Anarrhysis the riot then was the excessiue ●…crifices offered vnto Iupiter Sodalis and Minerua the third Cureotis for their bo●…es and wen●…s plaied all in companies that daie The feasts originall was thus The Athenians hauing ●…es with the Baeotians about the Celenians that bordered them both Xanthus the Boe●…an challenged Thimetus the King of Athens hee refusing Melanthus the Messenian 〈◊〉 to Periclymenus the sonne of Neleus beeing but a stranger there accepted the combat 〈◊〉 was made King Beeing in fight Melanthus thought hee saw one stand behind Xanthus 〈◊〉 a black goates skin wherevpon he cried out on Xanthus that he brought helpe with him to 〈◊〉 field Xanthus looking back Melanthus thrust him through Herevpon was the feast 〈◊〉 the deceiuer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordained and a Temple built to Dyonisius Melanaiges that 〈◊〉 black-skind Some say that the name of these feasts came of their fathers gathering to●…er to inscribe their sonnes into the rolls of their men and giue them their toga virilis their 〈◊〉 of mans estate Thus farre Suidas Of the succession of the Kingdome in Israell after the Iudges CHAP. 20. SOone after in those Kings times the Iudges ceased and Saul was anoynted first King of Israel in Samuel the prophets time and now began the Latine kings to be called Syluij of Syluius Aeneas his sonne all after him had their proper names seuerall and this sur-name in generall as the Emperors that a succeeded Caesar were called Caesars long after But Saul and his progeny being reiected b and he dead Dauid was crowned c forty yeares after Saul beganne his reigne d Then had the Athenians no more kings after Codrus but beganne an Aristocracy e Dauid reigned forty yeares and Salomon his sonne succeeded him hee that built that goodly Temple of God at Ierusalem In his time the Latines built Alba their kings were thence-forth called Alban kings though ruling in Latium f Roboam succeeded Salomon in his time Israel was diuided into two kingdomes and either had a king by it selfe L. VIVES THat a succeeded Caesar Not Iulius but Augustus and so haue some copies for it was from him that Augustus and Caesar became Imperiall surnames He was first called C. Octa uius but Caesar left him heire of his goods and name b Hee dead Samuel had anointed him long before but he began not to reigne vntill Sauls death at which time God sent him into Hebron 2. Sam. 2. c Forty yeares So long ruled Saul according to the scriptures and Iosephus But Eupolemus that wrote the Hebrew gests saith but 22. d Then had the They set a rule of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 princes magistrates or what you will The Latines call them Archons vsing the Greeke Cic. 1. de fato Spartian in Adriano Vell. Paterc c. They had nine magistrates at Athens saith Pollux lib. 8. first the Archon elected euery yeare new Then the president then the generall for war then the chiefe Iustice and fiue other Counsellors or Lawiers with him These last heard and decided matters in the Court The Archon he was to looke to the ordering of Bacchus his sacrifices and