build a Temple in that place of the Forum where they were seen in honour of them both Although in the after ages it had the name only of Castors Temple Whence arose the ieast of M. Bibulus against his fellow Consul Iulius Caesar saying that it fared with him as it did with Pollux .i. as this Temple which was erected in the honour of both the brethren caried the name only of Castors Temple so the great expēces in exhibiting shewes in the time of their Consulshippe though they went deeper on Bibulus his side yet Caesar caried away all the thankes and credit Insomuch that the people being wont to subscribe the names of both Consuls at the end of their deeds and Charters for a remembrance of the yeare that yeare they wrote Such a thing done not Bibulus and Caesar but Iulius and Caesar being Consuls CHAP. 14. De aede Saturni SAturnes sanctuarie was the common treasure house wherein the subsidie mony which the commons payd vnto the treasurers called Quaestores was to bee laid vp whereof divers men coniecture diversly Alexander Neop saith that Saturne found out the vse of brasen mony and therefore this Temple might be thought the fittest place for the treasurie Plutarch thinketh rather that the making of the treasurie in that place did allude to the integrity of the time wherein Saturne raigned being the worlds golden age But the most receaued opinion is the strēgth of the place whereby it was the safer from theeues This temple by reason of the vse it was put vnto was called aerarium from aes .i. brasse which name now is common to all treasure houses for that the first mony vsed by the Romans was of that metall vntill the yeare of Rome 485 as Pliny witnesseth lib. 3. cap. 33. Some are of opinion that before the vse of brasse they made money of leather whence Numa Pompilius is said to haue given leather mony in a dole vnto the people Touching their order observed in the treasury wee must vnderstand that their care in providing against suddaine dangers was such that they laid aside the twentieth part of their receits which they called aurum vicesimarium Incensimarium and Cimiliarchiū into an inner chamber or more sacred roome named in Latine aerarium sanctius Wee may read also of a third treasury called aerarium militare wherein Augustus had appointed that the twentieth part of certaine legacies should be laid vp to defray charges in extraordinary wars where it lay so priviledged that it was a capitall crime to vse any of it but in extreame and desperate necessitie Notwithstanding howsoever it was vsed as a treasure house yet divers authors testifie that the acts of their senate the books of Records together with such bookes as were for their immeasurable bignes called libri Elephantini wherein all the names of their Citizens were registred and also their militarie ensignes were contained there And from those statute books called tabulae publicae this treasury was also called Tabularium because they were laid vp there CHAP. 15. De campo scelerato CAmpus sceleratus the field of executiō lying withing the city ioined to the gate Collina It was the place where the Vestall Nuns if they were deflowred suffered punishment after this manner There was made a Vault vnder the earth with an hole left opē aboue whereby one might go downe and within it there was a little couch with a burning lampe and a few victuals whither the defiled Votary was to be brought through the market place in a litter so closed vp with thicke leather that her mournings might not be heard to the moving of pity Shee being thus brought to the place of execution was let downe by a ladder into the hollow caue and the hole presently stopped And the reason why they suffered such a kinde of death was because they thought it not fit that shee should be burnt with fire which kept not the sacred fire with greater sanctity And it was thought vnlawfull to punish them by laying violent hands on them because they had in former time served in so holy a function CHAP. 16. De campo Martio THe campus Martius otherwise called Tiberinus because it was neere the river Tiber was given vnto the Romane people by Caïa Tarratia a Vestall Virgin but Tarquinius Superbus the last king of Rome did take it from the people converting it to his own private vse in so much that he sowed corne there which when he was deposed the Romanes did cast into the river Tiber iudging it vnfit that any man should reape any commodity from so holy a ground In processe of time the sheaues of corn being stopped in a shallow foard of the river became firme ground and was called the holy Iland or Aesculapius his Iland And presently after the expulsion of Tarquinius this Campus Martius was restored vnto its former vse Beside the naturall pleasantnesse of the place it selfe it was beautified with many ornaments brought out of the Capitol the Capitoll being too ful as likewise with divers images of well deserving men Hither did the younger sort of Romanes come to exercise al matters of chivaldry namely the horse-race the foot-race wrestling fencing vaulting casting the bowle the sledge the dart vsing the sling the bow with such like vpon this occasion it was dedicated to Mars and called by Strabo the Romanes great schoole of defence In this field were men of best note burned when they died Here were the kings other magistrates at first created In this field of Mars also was a place at first railed like a sheepe-pen called therfore Ovilia or septa but afterwards it was mounted with marble-stone beautified with stately walkes and galleries and also with a tribunall or seate of iustice within which precinct the people often times assembled to giue their suffrages toward the election of magistrates The meanes of ascending vp vnto these Ovilia was not by staires but by many bridges made for that time every parish in the assembly of parishes and every tribe or ward in the assembly of the tribes and every hundred in the assembly of cēturies having his bridge whence this proverbe was occasioned de ponte deijciendus .i. he is to be barred from giving his voice These bridges were not made over any river but over the dry land whence men were said to be cast Non vt periclitarentur de vita sed ne suffragarentur in Comitijs CHAP. 17. De Circo Maximo AMongst other places where the Romanes exhibited their plaies vnto the people the most remarkeable was the great Circque or shew-place called in Latine Circus Maximus It was a large peece of ground lying neere that part of the Aventine mount where Dianaes tēple stood It was built by Tarquinius Priscus with diverse galleries round about it from whence the Senators gentlemen of the city did behold the running with great horses at lists the fire-workes
of the Romane fields were filled with buildings places of habitation insomuch that the tribes of the Romanes were encreased to thirty fiue but the parishes because none that dwelt out of the citty were tied to the rites and ceremonies of the Romane religion did not encrease so that the parishes did not alwaies remaine parts of the tribes Hence it followeth that all the Romanes had not power to suffrage in these assemblies but those alone who dwelt within the city for no other could be of anie parish The place where these assemblies were held was the great hal of iustice called from these assemblies Comitium Before these assemblies were held it was required that some lawfull magistrate for some competent time before hand should solemnely proclaime them and the thirtie serjants each parish hauing for that purpose his serjant should call the people together as likewise three Augures or at least one should bee present to assure them by their observatiōs either of the favor or displeasure of the Gods Vpon these premises the matter was proposed vnto the people who if they liked it thē they proceeded vnto their election if otherwise they disliked it then did the Tribunus plebis intercedere .i. forbid their proceedings wherevpon their assemblies were presently dissolved CHAP. 3. De Comitijs Centuriatis AS those former assemblies were called Curiata à curijs so were these called Centuriata à Centurijs Servius Tullius caused a generall valuation of every citizens estate throughout Rome to be taken vpō record together with their age and according to their estates and age he divided the Romanes into six great armies or bands which he called Classes though in truth there were but fiue of speciall note the sixt contained none but the poorer sort and those of no worth or esteeme The valuation of those in the first Classis was not vnder two hūdred pounds and they alone by way of excellency were termed Classici and hence figuratiuely are our best and worthiest authors called Classici scriptores Classicall authors All the others though they were enrolled in the second third or any other Classis yet were they said to be Infra classem The valuation of the second band was not vnder seuen score pounds The valuation of the third was not so little as an hundred pounds of the fourth not lesse then forty pounds of the fifth not lesse then twentie fiue pounds The sixt contained the poorer sort whom Horace calleth Tenuis census homines men of small substance and also they were called Proletarij à munere officioque prolis edēdae as if the only good that they did to the common weale were in begetting of children and sometimes they were called Capite-cēsi that is such as paid either very little or nothing at all towardes subsidies but only they were registred among the citizens as it appeareth by Sigonius These six great bands or armies were subdivided into hundreths called in Latine Cēturiae The first Classis contained fourescore centuries of footmen and eighteene of horsemen the second contained twentie centuries of footmen and two of workemen which followed after to make military engins weapons the third also as likewise the fourth contained twentie cēturies of footmen but to the fourth were added two other centuries of trumpeters drummers and such like who vpon iust occasion did Classicum canere sound the alarme and vpon iust occasion did againe receptui canere sound the retrait the fifth Classis contained thirtie centuries of footemen the sixt or last Classis contained one centurie so that in all the six Classes were contained one hundred fourescore and thirteene centuries Where we must note that al the centuries of footmen did consist the one halfe in every Classis of the younger sort who were to make war abroad vpon the enimies the other halfe of old men who remained at home for the safety of the citie All that hath beene hitherto spoken of these Centuriata comitia may be collected out of Sigonius in the place aboue quoted The chiefe cōmander of every centurie was called Centurio the rod or tip-staffe wherewith he did strike his souldiers to keep thē in aray was called by Pliny Centurionum vitis So then we may perceaue that those Centuriata comitia were those wherein the people did giue their voices by centuries or hundreds Now the cēturies did not consist of those alone which had their places of habitatiō at Rome but of certaine Municipall states also such colonies or other states that could Plenum civitatis ius cū iure suffragij adipisci Now the custome in old time was that al these centuries should march in their armour after the magistrate which assembled them into the Campus Martius there to giue their voices But this custome continued not long for thereby they did disarme the citie and giue their enimies if any should assayle them in time of their assemblies the greater advātage for their greater securitie therfore they appointed a flagge to bee hanged out vpon the mount Ianiculus some few armed men standing there in watch ward for the safegard of the citie and when the assembly was to bee dissolved then did the watch depart and the flag was takē downe neither could any thing after that bee determined but if they cōtinued their assemblies then did they proceed to the giuing of their voices in old time thus Those cēturies of the first Classis being the wealthier had the prerogatiue of suffraging first and because this first Classis contained more centuries then all the rest therefore if they could agree among themselues the other centuries were never asked their voices This kind of suffraging being somwhat partiall in as much as the richer and wealthier being placed in the first Classis did oversway the elections against the poorer sort of people thence did the after ages appoint that that cētury should haue the prerogatiue of suffraging first vpon whom the lot fell The other centuries were all called Centuriae Iurevocatae and did giue their voices not by lots as the Tribus Iurevocatae did but the elder and wealthier centuries did suffrage next after the prerogatiue centurie accordingly as their place required CHAP. 4. De Comitiis Tributis FOR the better vnderstanding of these assemblies by Tribes or wards it will bee needfull first to learne that this word Tribus in this place doth signifie a certaine region ward or locall place of the citie or the fields belonging therevnto according to that Tributa comitia erant cùm ex regionibus locis suffragabantur It was so called either à tributo dando every several region or quarter paying such a tribute or quia primò tres tantùm fuerunt the whole citie being at first divided only into three regions or wardes each nationall tribe having his seuerall region or locall tribe to dwell in The first nationall tribe called Ramnenses did in habit the mount Palatine and the mount Coelius those two
publique view This forme of iustice was tearmed Edictum ab edicendo .i. imperando because thereby hee did command or forbid something to be done Whence Pellitarius in the place now quoted doth translate consulum edicta Mandatory letters that it might be distinguished from other magistrates edicts It was commonly called Praetoris edictum And as Pighius observeth in the place aboue quoted it was called edictum perpetuum not absolutely because the vertue thereof was perpetuall for that expired together with the Praetors office and therefore Tully calleth it legeÌ„ annuam but in respect of other edicts made in the middle of the year vpon extraordinary and vnexpected occasions which latter sort of Edicts Tully calleth peculiaria nova edicta Afterwarde Salvius Iulianus collected an Edict out of all the old edicts of the former Praetors wherein almost all the whole civill law was contained and this was called properly Edictum perpetuuÌ„ because that all the Praetors ever after did administer iustice according to that Edict by the appointment of Hadrianus being then Emperour The edict being given out the administration of iustice consisted in the vse of one of these three words Do Dico Addico .i. Dat actionem Dicit ius Addicit taÌ„ res quà m homines For explanation whereof we must knowe that this worde Addico is sometimes verbum Augurale sometimes Forense sometimes a tearme of art belonging vnto the discipline of the Augures and so the birds are said Addicere when they shew some good and lucky token that the matter consulted about is approved by the Gods the opposite herevnto is Abdicere Sometimes this verbe Addico is a tearme of law signifying as much as to deliver vp into ones hands or into ones possession whence we doe not onely call those goods that are delivered by the Praetor vnto the right owner Bona addicta but those debtors also which are delivered vp by the Praetor vnto their creditors to worke out their debt are tearmed servi Addicti yea moreover because in all port-sales it was necessary that the Praetor should Addicere bona deliver vp the goods sold hence doth this word often signifie to sell as Addicere sanguinem alicuius to take mony to kill a man to sell a mans life Touching the reason of their name they were called Praetores à praecundo quoniaÌ„ iure praeâ—baÌ„t And those alone were properly tearmed viri Praetorij which had borne this office not they which were capeable thereof in the same sense we say Viri censorij and viri Aedilitij c. CHAP. 7. De Imperatoribus Caesaribus sive Augustis VVHen C. Iulius Caesar had overcome Pompey his sonnes in Spaine at his returne to Rome the Senate welcomed him with new invented titles of singular honour styling him Pater patriae Consul in decennium Dictator in perpetuum Sacro sanctus and Imperator all which titles were afterward conferred vpon Octavius Caesar and all the Emperours succeeding desired to be called Imperatores Caesares from him Where we must vnderstand that this name Imperator was not altogether vnknown before for by that name the Romane souldiers were wont even at that time to salute their L. Generall after some special coÌ„quest These Romane Emperours were afterward called also Augusti from Octavius Caesar whom when the Senate studyed to honour with some noble title some were of minde that he should be called Romulus because he was in manner a second founder of the city But it was at length decreed by the advise of Manutius Plancus that he should be styled by the name of Augustus which we may English Soueraigne and they counted this a name of more reverence and maiestie then that former name of Romulus because all consecrated and hallowed places were called Loca augusta The authoritie of these Emperours was very great even as great as the Kings in former times CHAP. 8. De Principibus iuventutis Caesaribus nobilissimis Caesaribus A custome was receaued amongst the Romane Emperours in their life time to nominate him whom they would haue to succeed them in their Empire him they called Princeps iuventutis Caesar and Nobilissimus Caesar The like custome was practised by Charles the fifth Emperour of Germany and so hath beene continued by his successors namely that one should be chosen whom they called Rex Romanorum who should be so farre invested in the title to the Empire by the meanes of the present Emperour that vpon the death resignation or deposition of the then being Emperour he immediatly should succeed CHAP. 9. De Praefecto vrbis ROmulus for the better government of the city appointed a certaine officer called Vrbis Praefectus to haue the hearing of all matters or causes betweene the master and the servant betweene orphanes and their overseers betweene the buyer and the seller c. Afterward in time of the Romane Emperours this Vrbis praefectus did assume vnto himselfe such authoritie that hee would examine and haue the hearing of all causes of what nature soever if they were Intra centesimum lapidem within an hundred miles of Rome for Lapis in old time signifyed a mile because at every miles end a great stone in manner of a mark-stone was erected In the absence of the King or Consuls he had all authoritie which belonged vnto them resigned vnto him I am not ignorant that some doe make this latter kind of praefecture or Lieuetenantship a differeÌ„t office from the former but I should rather thinke them to be one and the same only his authoritie to bee more enlarged in the Kings absence and of this opinion doe I finde Fenestella Alexand. Neop and Sigonius CHAP. 10. De Decemviris legibus scribendis FOR the better administration of iustice the Romanes appointed three men namely those who were reputed the gravest and wisest amongst them to goe to Athens there to pervse the Grecian lawes to the intent that at their returne both a supply might bee made of those lawes that were wanting in Rome and the other which were faultie might thereby be rectified and amended At the returne of those three men the Consuls were deposed and both their authority and ensignes given vnto these Decemviri The lawes which they brought from Athens were written at first in ten tables of brasse afterward two other tables were added At which time those lawes began to be knowne distinguished from others by the name of Leges 12 tabularum And according to those lawes iustice ever after was administred to the Romane people At first by these ten meÌ„ appointed therevnto whose autority was as large even as the Kings and Consuls in old time only it was annuall one of them only had the ensignes of honor caried before theÌ„ one alone had the authoritie of convocating the Senate confirming their decrees and the discharge of all state businesses The other did little differ from private meÌ„ in their
to the appointment of Romulus their king it seemed good vnto him to divide them into tribes not taking the note of distinstion onely from the divers places they then inhabited as we read that Servius the sixth king of Rome did making therefore fowre tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 locall namely Suburanam Palatinam Collinam and Esquilinam which number of locall tribes in processe of time encreased vnto the number of 35 but dividing them according to the severall natiōs which at the first were donati civitate .i. made free denizens of Rome and they being in number thre 1. the Sabines which were named Tatienses from their king Tatius 2. the Albanes called Rhamnenses from Romulus 3. other nations promiscuously flocking out of other countries to the Romane Asylum placed in a groue called in latin Lucus which gaue Romulus occasion to name thē Luceres he made in all three tribes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or nationall After that Romulus had thus devided the whole body of the Romanes into three tribes he then subdivided each tribe into tenne lesser numbers which he called curiae or parishes then followed fiue other divisions in respect of their different degrees and callings of which in their severall order CHAP. 2. De primâ divisione Romanorum in Senatores sive Patres Patricios sive Patronos Plebeï sivè Clientes THe first division of the Romans in respect of their degree and place was this The elder wealthier gravest sort of Romanes were called sometimes Patricij either because of their age and gravity or because they had many childrē for great priviledges were granted vnto fathers of three children sometimes Patroni because they were as patrons and fathers in helping and assisting the causes of the common people seeking to them The younger poorer and simpler sort were called as they had relation to the Patricij Plebeij .i. the commons as they had relation to their Patrons they were named Clientes .i. Clients Betweene whom there was such a mutuall and reciprocal entercourse of loue and duty that as their Patrons were ready to protect their clients so the clients were bound with all faithfulnesse to cleaue vnto their Patrons and that not only to credit them with their attendance in publike assemblies but to disburse out of their owne purses towards the bestowing of their daughters the paying of publike mulcts the giving of largesses in suing for offices c. Neither was it lawfull for either of thē to enforme to depose to giue their voices or to side with adversaries one against another without the guilt of treasō for which crime of treason they were dijs inferis devoti .i. cursed to hell and the law gaue liberty for any man to kil them Out of the Patricij did Romulus elect 100. counsellers to assist him in determining matters concerning the cōmō-weale to these did Romulus after adde another 100. and Tarquinius Priscus as diverse authors testifie made them a cōpleat 300. which they called Patres or Senatores their sonnes Patricij But in processe of time the commons also were eligible into a Senators place Some say that Tarquinius Priscus added the second hundred to the Senate out of the commons who were called Senatores minorū gentium .i. Senators of the lower house Brutus added the last 100. made them 300 at what time they began to be called Patres conscripti And this accordeth with Ioannes Rosa in his Epitome of the Romane history in his chapter de Regibus Romanis where he saith that Tarquinius Priscus did double the number of the Senators And likewise Alexander Neop saith that Brutus made them a compleat 300. CHAP. 3. De secundâ divisione Romanorum in tres ordines Senatorium Equestrem Popularem seu Plebeium AFter that through Tarquinius Superbus his tyranny the very name of a king became odious to the Romanes not only the present king was exiled but the authority of a king ever afterward detested and perpetually abrogated so that the office which was before monarchicall then was divided betweene two called Cōsuls neither were they admitted for any longer space then one yeere At which time of change the Romanes were divided into three orders or ranges 1. into Senators of whom before 2. into Gentlemen called of the Romanes ordo Equestris by which we doe not vnderstand those 300. Celeres .i. Pensioners called sometimes Equites for that was a place of service this a title and token of gentility Who although they were inferiour to the chiefe Senate yet they were of greate esteeme among the Romanes and although they might not weare the same robe as the Senators did namely the laticlavium or garment bestudded with flowrishings of purple silke in manner of broad naile heads yet they might weare the angusti-clavium a garmēt differing from the former only in this because the purple studdes wherewith it was purfled was narrower and not so large as the lati-clavium They also at the time of their election received from the Censors an horse called by them equus publicus because of the yeerely allowance out of the common treasury to keepe him it was also called equus militaris because of their service in warre they having their horses kept as well in peace as warre They received also a gold-ring whereby they were distinguished from the Populacie for it was not lawfull for any to weare a gold-ring vnder the degree of a Senator or a Gentleman The estimation and value of a Senators estate vntill Augustus his time was octingenta sestertia that is 6000l. Of a gentlemans estate it was quadringenta sestertia that is of our English mony 3000l. 3. The third order or degree in the Romane common-wealth was Populus the populacy or commons which should exercise trading manure the ground looke vnto the cattell c. Where by the way we must vnderstād that the baser sort of the Romanes which did wander vp downe to and fro not setling themselues to any vocation were not contained within this division for vnto them there was no name vouchsafed but according to the Poet they were sine nomine turba or as Livy saith ignota capita men of no account and therefore of no name CHAP. 4. De tertiâ divisione in Nobiles Novos Ignobiles THis division was taken from the right or priviledge of having images for they were accounted Noblemen which had the images of their predecessors Those which had their owne images only were called Novi .i. late-coyned nobles or vpstarts Salust vseth this word often in the disgrace of Tully calling him Novum reptitium civem one that lately crept into the city The thirde sort called ignobiles were those that had no images neither of their predecessors nor of thēselues Before we proceede we must vnderstand that it was not lawful for who would to haue his owne image if he so desired for none might be thus priviledged but those alone to
hee could out of the market place without delay His wife was called Rigina sacrorum the Queene-priestesse and was wont vpon the Kalends of every month to sacrifice a porker or a lambe in her palace in the honour of Iuno CHAP. 16. De Marte sive Mavorte Salijs Palatinis Marti dicatis MArs otherwise called Mavors by the figure Epenthesis we say Induperator for Imperator was reputed the God of warre so Metonymicâ—s is vsed for warre as vario Marte pugnatum est the battell was doubtful proprio Marte by ones owne strength labor He was the sonne of Iuno onely without company of her husband for when Iuno was greatly displeased with her selfe that Iupiter by striking his head without company of a woman did bring forth the goddesse Minerva shee by the couÌ„sel of the goddesse Flora touched a certain flowre in the field of Olenius by vertue whereof shee immediatly conceaued the God Mars This God by reason of his dominion in warre the Romans painted fiery sometimes in his chariot sometimes on horse-backe with a iauelin in one hand and a scourge in the other In old coines there was sometimes the picture of a cocke ioyned with him to shew the vigilancy and carefulnesse that souldiers are to vse He was called Gradivus à gradiendo from marching in battell against his enimies He had a temple without the citie whence he was called Extramuraneus Neere vnto this temple without the gate Capena did lie a stone of great note which vpon great drouths the people would bring into the citie and presently rayne would follow wherevpon it was called the Raine-stone Lapis manalis à manando Numa Pompilius in the honour of Mars surnamed Gradivus ordained 12 dauncing priests called Salij à saliendo from dauncing which number afterward we finde to haue beene doubled by Tullus Hostilius in the warre against Fidena a towne of the Sabines The former 12 being called Salij Palatini from the Palatine mount where they did beginne their mauriske the others Collini from the hill where their chappell stood and sometimes Quirinales sometimes Agonales so that the Whole college contained 24 priests The occasion of their first institution was this vpon a certaine time in the raigne of Numa the plague or some other contagious sicknesse was very hot among the Romans insomuch that no sacrifice or holy offering could remoue it at that time a certaine brasen target or scutcâ—ion called in Latine aenea pelta or ancile bigg at both ends but cut like an halfe moone on each side fell from heaueÌ„ into Numa his haÌ„ds with a certain voice promising al health vnto Rome so long as that braseÌ„ target could be kept safe WherevpoÌ„ Mamurius a cuÌ„ningwork-man by the appointment of Numa made eleaven other ancilia so like the first that neither could be known from the other to the iateÌ„t that if any should be so wicked minded as to steale it hee might faile of his purpose by mistaking one for another These twelue Priests had the custody and keeping of them coÌ„mitted to their charge in the month of March everie yeere they apparelled themselues with a party coloured coat called tunica versicolor girt cloase to their body with a belt or sword-girdle and a breast-plate of harnesse called aneum tegmen vpon that a robe of estate called trabea clasped about them vpmost of all VpoÌ„ their heads they did weare apices .i. caps much like vnto the Persian bonnets called in greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They did somwhat resemble our head-peeces in warre made close vnto the head with a crest of cloath Vpon the top whence some haue called them galeas They being thus apparelled daunced about the Forum or market-place the Capitol with short swords by their sides a iavelin in the right hand and their ancile in the other vsing certaine songs either of the Gods and those they called Ianualij Iunonij and Minervij or of men and those they called axamenta because in those songs they did axare .i. nominate and call vpon the names of some well deserving men as Mamurius which made those eleaven scutchions was often called vpon in those songs Vpon these their festivall daies they had excesse of cheere whence Horace hath vsed saliares dapes to signifie dainty fare CHAP. 11. De Foecialibus Patre-patrato THese Foeciales were officers at armes or Heralds to denounce war or proclaime peace appointed therevnto at first by Numa Pompilius The chiefe part of their office was to disswade the Romans from molesting any confederate nation with vniust warre if any confederate nation did offer iniury vnto the Romane people theÌ„ did these Foeciales go as Embassadours vnto them perswading and exhorting them to yeeld the Romans their right but if they continued thirty daies obstinate refusing to yeeld vnto that which should be iust and right then did they presently denounce warre against them casting forth a dart in token thereof which denunciation was called clarigatio à clarâ voce quâ vtebatur Foecialis Others are of opinion that whensoever warre was denounced this Herald at armes should turne loose a ramme vnto their enemies borders signifying thereby that their fields shoulde shortly become pasture for the Romanes from which custome wee say of one that challengeth another into the field ArieteÌ„ emisit Againe if the Imperator or Lord-general had done ought against his oath these Foeciales by their sacrifice did avert the wrath of the Gods from him The chiefest of them was called Pater-patratus a perfect father for he only could be Pater-patratus which had both children of his owne and his father also aliue They were called Foeciales à foedere faciendo from making a league or peace betweene nations This league which we in Latin do cal foedus the Romanes in old time did cal Fidus as Ennins and Pighius witnesse whence these Foeciales were tearmed also Fidei Flamines CHAP. 12. De Duumviris Decemviris Quindecimviris sacris faciundis itèm de Sibyllis THis priesthood had his first institution from Tarquinius Superbus whose office was as well to expound as to keepe the oracles of those ten prophetesses so famous through out the world called Sibyllae Concerning whoÌ„ Munster hath these words In times past there came a strange woman to Tarquinius the king offering 9. books full of the Sibylline oracles to be fold But Tarquinius thinking the bookes to deere refused to buy them The womaÌ„ departing burned three of these bookes and came the second time vnto Tarquinius demaunding as much for those sixe bookes as formerly shee had done for the 9. Tarquinius then began to deride her whereat the woman departed and burned three more returning againe vnto Tarquinius and asking as much for the three left as shee asked at first for all nine Then began Tarquinius more seriously to bethinke himselfe thereof and sent for his Augurs asking counsell and
the Romane gentlemen Here therefore it shall be sufficient for vs to vnderstand that every solemne meeting or consistory of these Senators was called Senatus The foreman of them which could bee no other then such as had been either Consul or Censor was called Princeps Senatus and his opinion was alwaies first asked Now among those that had borne those foresaid offices it was in the Censors power to make whom he would fore-man The decree of this consistory was called Senatus-consultum And manie times it is written with these two letters onely S. C. The place where this coÌ„sistory was had they called Senaculum None was ordinarily admitted into the place of a Senator before the fiue twentieth yeare of his age of those that were admitted some were allowed to ride vnto the Senate-house in a Curule chaire others went on foote whence these latter were called Senatores Pedarij They determined their acts which they called Senatus consulta sometimes by departing downe their benches dividing theÌ„selues into sides those which did approue that which was proposed sided with the party who did Referre ad Senatum .i. propose the matter vnto the Senate the others departed vnto the contrary side or if they came not downe at all but sate still on the benches then did they signifie by holding vp or beckning with their hands what side they would take Now if the maior part were easie to be discerned then they rested there tearming that act to be decreed per discessionem and hence these the like phrases haue taken their beginning In illius sententiam iturus sum and Manibus pedibusque discedere in alicuius sententiam .i. to bee fully perswaded of ones opinion Now if both companies were almost equall so that the maior part could not easily be discerned then did they proceed to giue their voices that which was thus determined was said to bee decreed per singulorum sententias exquisitas .i. by voices Here wee may obserue that to those who were favourably heard in Senate His Senatus dari dâ—ebatur and likewise they were said Stare in Senatu as on the contrary they were said Iacere whom the Senate neglected or rather coÌ„demned CuÌ„ mihi stanti iacens minaretur saith Tully If any Senator were absent without a lawfull excuse then was he fined for the payment thereof he did put in a pledge which if he did not ransome then did the common Treasurer Caedere vel concidere pignora .i. straine or seaze vpon the pledges making common sale thereof in which sense those two phrases are vsed namely capere pignora auferre pignora .i. to straine or seaze vpon a mans goods CHAP. 4. De Consulibus AFter the expulsion of Tarquinius Sup. the last Roman King all the citizens in Rome assembled and concluded that the government of their city which before was in the hand of one alone governour called their King should now bee divided betweene two whom at first before there was any such subordinate office as a Praetorship the Romanes called Praetores quod praeirent populo Not long after they were called Iudices à iudicando In processe of time they were known by no other name then CoÌ„sules à consulendo populo No citizen was ordinarily created Consull before the forty third yeare of his age Neither might any be chosen without speciall dispensation either of their absence out of Rome or in time of their triumph which was the reason that Iulius Caesar was glad to forgoe his triumph at that time when hee was Consul with Bibulus The signes or tokens of this Consular dignitie were the twelue Lictors carying their bundles of rodds axes the first month before one Consul the second before the other as formerly they had done before their Kings The reason why each Consul had not twelue Lictors alwaies was because the tyranny of the Consuls might then seeme to be doubled and to exceed the tyranny of the Kings another token was a certaine chaire of estate called Sella â—burnea .i. an yvory chaire so called from the matter whereof it was made and because this chaire was commonly caried about in a certaine coach or chariot wherein the Consul did ride hence from Currus which signifyeth a chariot it is also called Sella curulis where note that this word Curulis is sometimes vsed substantiuely then it signifieth some chiefe magistracy or office amongst the Romanes The gowne by which they were distinguished from other magistrats or private men was a certaine purple gowne which from the great embroadred workes was called Trabea and hee that did weare it was thence called Trabeatus according to that Trabeati cura Quirini It will be worthy our observation to note that the Romanes did date their deeds and charters in old time by naming the yeare wherein their citie was first founded as to say Abvrbe condita the twentieth thirtieth or fortieth yeare c. But in processe of time their manner of dating was by subscribing the names of their present Consuls as to say such a thing was determined L. Valerio M. Horatio Consulibus such and such being Consuls Whence Suetonius speaking of Iul. Caesar saith he was appointed to be Flamen Dialis sequentibus consulibus .i. the next yeare following Those alone who had borne the office of a Consul not every one that was capeable thereof were said to be Viri consulares At the first those who were created Consuls remained in their office the space of an whole yeare being designati ad consulatum vpon the twentie fourth of October At consulatum non inierant ante Calendas Ian .i. the first of Ianuary The reason of this chasme or interim betweene their designation vnto their office and their entry into it was as we may probably coniect that the competitors might haue some time to enquire de Ambitu .i. whether there was no vndirect and vnlawful meanes vsed in their canvassing In processe of time either by voluntary resignation or deposition or death many Consuls haue beene chosen in the same yeare and they were called Non ordinarij suffecti Consules At such times all their deedes were dated by the names of the two first Consuls which began the yeare whence those two first and likewise all those that continued in their office the whole yeare were called Consules Honorarij and Consules Ordinarij CHAP. 5. De Censoribus THE Consuls finding themselues encombred with so many businesses of a different nature did by consent of the Senate choose two peculiar officers called Censores à censendo because they cessed and valued every mans estate registring their names and placing them in a fit century For it did concerne the Romanes to knowe the number and likewise the wealth of their people to the end they might be informed of their owne strength so shape their course accordingly either in vndertaking warres transplanting Colonies
being at first but two was to receiue al the city-accounts to disburse at all occasions of publique expenses to take an oath of him that the souldiers had saluted by the name of Imperator that he had truely informed the Senate both of the number of enimies slaine as also of the number of citizens lost otherwise he might bar the Emperour of his triumph Moreover whatsoever spoiles were taken in warre they were delivered vp vnto these citty Quaestors and they selling them laide vp the mony in the great Treasure-house called Aedes Saturni CHAP. 16. De Tribunis Plebis THe Romane commonalty finding themselues oppressed by the wealthier sort departed vnto the Aventine mount threatning the Romane nobility that they would forsake their city and never againe adventure them selues in war for the defence thereof vnlesse they did finde some release and casement from those excessiue payments of vse and interest vnto their creditours yea beside the remission of their present debts before they would returne vnto their city again they would haue certaine magistrats chosen which should be Sacrosancti .i. such as might not be hurt or violently vsed not so much as in words and if any had violated that law whereby they were made Sacrosancti then was he accounted homo sacer .i. an excommunicate person or such an one whose soule should be vowed vnto some God insomuch that if any after had killed him he should not be lyable vnto iudgement quoniam illius anima dijs devota amplius humani commercij non sit To these magistrats the protection of the commons was committed who because they were at first chosen out of the Military Tribunes therfore did they alwaies retaine the name of Tribunes being called that they might be distinguished from the others Tribuni Plebis Protectours of the commons At the first institution of them they were in number but 2 as some haue thought Others say fiue afterward as it is yeelded by al writers they encreased vnto teÌ„ Their autority at first consisted chiefely in this that they had power to hinder any proceedings in the Senate which they thought might proue preiudiciall vnto the commons so that they had not autority to enact any new decrees as afterward by abusing their authority they did Sed eoruÌ„ autoritas magis in intercedendo quà m iubendo And hence was it that in old time these protectours of the commons were not permitted to come into the Senate but they sate with out at the dore whether whatsoever was determined with in the Senate was sent vnto them to be pervsed by them and if they did approue it then did they subscribe a greate Romane T being the first letter of this word Tribuni The houses of these Tribunes stood open night and day as a coÌ„mon refuge or place of succour for all that would come neither was it lawfull for them to bee absent out of the towne one whole day through out the yeare CHAP. 17. De Aedilibus Praefectâ— annonae VVE may read of three sorts of Romane magistrates called Aediles the two first had their names ab aedibus curandis having in their charge to repaire both temples private dwelling houses which belonged vnto the city The first sort were called Aediles curules â sella curuli from the chaire of state wherein it was permitted them to ride and these were chosen out of the Senators The second sort were called Aediles plebeij and they were added vnto the former at the earnest suit of the coÌ„mons they being to be chosen out of them Where we must note that they were not so added that both sorts should rule at one the selfe same time but that the Curules should rule the one yeare and the Plebeij the other To these Aediles it did belong beside the reparation of temples and private houses to looke vnto the weights measures in coÌ„mon sale for they had power to examine Actiones redhibitorias that is such actions by vertue of which he that had sold any corrupt or sophisticated wares was constrained to take them againe Moreover they had the charge of the publique conduits or water conveyances of provision for solemne plaies c. Of the third sort there were also two who were in a manner Clarkes of the Market For vnto them belonged the looking vnto the victuals sold in the market and corne Whence they were called by them Aediles cereales by the Greekes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This office for ought that can bee collected out of those that treate of it differeth but little from his whoÌ„ the Romanes called Annonae Praefectum onely this the Aediles Cereales were magistratus ordinarij the Praefectus extraordinarius namely such as was choseÌ„ only in time of extraordinary dearths he having for that time larger authority then those ordinarie clarkes of the market For as it appeareth by Rosinus in the place now quoted this Praefectus had power of himself to examine all such cases or questions as should arise touching the dearth as suppose we hoarding of corne forestalling the market c. CHAP. 18. De Triumviris BEside that Triumviratus Reip constituendae of which we spake before there were divers kindes of Triumvirates namely Triumviri capitales three high Shireiffes who had the charge of prisons and were to see malefactors punished for which purpose eight Lictors did attend theÌ„ There were also Triumviri Mensarij three meÌ„ we may tearme them Bankers who had autoritie to pay out of the common treasury poore mens debts Sometimes there were appointed fiue to this office whence they were called also Quinqueviri Mensarij both being called MeÌ„sarij from Mensa a table whereon they told their mony Another sort of Triumviri there were appointed to presse souldiers whence they were called Triumviri conquirendi iuvenes idoneos ad arma ferenda Wee read also of certaine Triumviri which were elected as chiefe captaines to guid and conduct the people in transâ—lanting colonies and thence were they named Triumviri Coloniae deducendae but sometimes for this purpose they elected seaven ten or twentie and so named them Quinqueviri Septemviri Decemviri and Vigintiviri Coloniae deducendae Three other sorts of Triumviri remaine which were offices of small account as the Triumviri monetales three Masters of the Mint who thence were called Triumviri A.A.A. F.F. .i. Auro Argento Aere Flando Feriundo for they had the charge of coyning the mony Secondly Triumuiri valetudinis Three Pest-men which were to oversee those that lay infected with any contagious sicknesse Thirdly Triumviri nocturni three Bell-men which were to walke the towne at night and to giue notice of fire CHAP. 19. De praefectis Aerarij AVgustus Caesar desiring for the better safetie of the citie to maintaine many bands of souldiers which should alwaies bee in readinesse for the defence of the citie desired of the citie an yearly subsidie for the
the Romane Legion and the parts thereof 3 Of the maner of besieging a city 4. Of the punishments towardes their enimies captivaetad 5. Of punishments towards the Romane souldiers offending 6. Of certaine rewards after the performance of any noble exploits THE ROMANE ANTIQVITIES expounded in English Lib. 1. Sect. 1. Of the chiefe parts of the Citie CHAP. 1. De monte Palatino ROmulus and Remus being as it is agreed vpon by most writers the first founders of Rome built it at the first in forme of a quadrangle vpon one only hill called Mons Palatinus though Fabius left Rome as it was first builte with the fieldes thereof painted in the forme of a bow the river Tiber being the sting thereof Vpon this hill was alwaies the seate of the Romane Empire which from the hill tooke the denomination of a Palace and hence all stately buildings which we call Palaces tooke their name Palatia This hill had his first appellation Palatinus quasi Balatinus à balando from the bellowing of cattell pasturing there in former times But in processe of time sixe other hills by severall kings of Rome were added whereby the city and the Pomoerium that is the territories of the citie were enlarged and Rome was called vrbs septi-collis .i. the citie vpon seaven hils Vpon this Palatine hill also stood the Asylum or sanctuarie of refuge which Romulus opened in imitation of Cadmus who at the building of Thebes was said to haue opened a sanctuarie of refuge whither whatsoever malefactor could escape were he bond or free hee was not to be punished It was much like vnto a custome of the people in the citie Croton who flying vnto the altars of their Gods obtained the forguienesse of faults not voluntarily committed Whence these two phrases are expounded alike Ad te tanquà m ad Asylum and Ad te tanquà m ad arā confugimus .i. we fly vnto thee as our only refuge CHAP. 2. De monte Capitolino THis hill was famous for three names it was called Capitolium mons Tarpeïus and mons Saturni It was named Saturnes hill from the heathenish God Saturne who vouchasafed to vndertake the protection of that place It was named the Tarpeïan hill from Tarpeïa one of the Vestall Nuns daughter to the chiefe-keeper of the Capitoll this hill being the castle of defence for the whole towne For this Tarpeïa betrayed the Capitoll into the enemies hands bargaining to haue the golden bracelets vpon her enimies left hands for this her treason Now the enimes when they were admitted in did cast not their brace lets alone but their bucklers also vpon her through the weight whereof she was pressed to death vpon which occasion the whole hill was afterward called the Tarpeïan mount but more principally a certaine rocke of that hill called Tarpeïa rupes from whence malefactours were sundry times tumbled head-long The same hill was likewise called the Capitoll because when the foundation of a certaine Temple built in the honour of Iupiter was laid a mans head full fresh and liuely as if it had bin lately buryed yea hot bloud issuing out of it was found there Arnobius saith that the name of this man being aliue was Tolus and hence from Caput and Tolus the whole hill was called Capitolium CHAP. 3. De colle Quirinali THis hill being in former time called Agonalis then began to be called Quirinalis whē certaine Sabines called in Latine Curetes came and inhabited there truce being made betweene the Romanes the Sabines though some woulde therefore haue it named Quirinalis because there was a temple erected in the honor of Romulus called also Quirinus It was called in the time of the Emperours mons Caballus that is the horse-hill taking its denomination from two marble statues of Alexander taming his horse Bucephalus which statues Constantine the Emperour brought to Rome and placed thē in the middest of certaine bathes which he made vpon this hill There do appeare in this hill three risings or hillockes the one being called Salutaris the other Martialis the third Latiaris All this may be collected out of Rosinus CHAP. 4. De monte Coelio THis hill hath his name from a certaine captaine of Hetruria which assisted Romulus against the Sabines On this hil king Tullus Hostilius erected stately edifices which for a time served as his palace but afterward they became the chiefe Counsell-house whither the Senators assembled thēselues for the determining of state-matters because this Curia did farre exceede all others therefore authors many times vse this word Curia simply without any adjunction to signifie Curiam Hostiliam as if there were no other It much resembleth our Privy-coūsel-chamber in respect that none might sit there but only Senators whereas in the court-house which Pompey built being therefore called Curia Pōpeïa other city-Magistrats were admitted amongst the Senators and in curiâ Iuliâ .i. the court-house which Iulius made were examined forreigne matters as Embassages but in curiâ Hostiliâ domesticall matters only were treated of and that only by the Senators At this present time this hill is beautified with many Christian Churches as the Churches of S. Steven S. Paul and S. Iohn our Saviours Hospitall c. It was also called Mons Querculanus from the abundance of oakes growing there CHAP. 5. De monte Esquilino THis hill was so named quasi excubinus ab excubijs .i. from the night watching which Romulus did vndertake vpon that somewhat distrusting the fidelity of the Sabines in the beginning of their league In this hill there were three hillockes named Cispius Oppius and Septimius CHAP. 6. De monto Aventino THE Aventine mount tooke his name from Aventinus a certaine king of Albanum which was there buryed Vpon this hill stoode Hercules his altar and certaine temples consecrated to Iuno Diana Minerva Lucina and Murcia .i. Venus whence the hill hath sometime beene called Diana her hill Mons Murcius Here were those Scalae Gemoniae whither condemned persons were dragged and so cast headlong into the river Tiber downe a paire of staires Vpon this mount Remus would haue built Rome therefore it was called Remonius mons But since it hath beene called mons Rignarius as it appeareth by Plut. in the same place It had moreover the name of the holy mount being called in Latine Mons sacer CHAP. 7. De monte Viminali BEcause of the abundance of wicker twigs which did grow vpon this hill it was called mons Viminalis vimen signifying a twigge or ozier I am not ignorant that some would haue this hil to be named Viminalis from Iupiter Vimineus whereas Iupiter himselfe was named Vimineus from this hill because he had here many altars erected in the honour of him Both this hill and Iupiter were called Fagutales from sylva fagea .i. a cops of beech-trees which did grow therevpon vid. Rosin Antiq. lib. 1. cap. 9. CHAP.
whoÌ„ the right of riding in a Curule chaire belonged to these the right of images was permitted as wel for the credit of their house as to incite others to the like atchieuements when they would consider the diverse ceremonies vsed vnto these images in an honourable remembrance of those whom they did represent Whence it followeth that Ius nobilitatis is nothing else but Ius imaginis insomuch that this word Imago doth oftentimes signifie Nobilitie and the right of having Images with them was the same as the right of having arms with vs. The superstitious coÌ„ceit which the Romans had of these images was such that vpon festivall daies all occasions of ioy and mirth those images should bee beautified and adorned with garlands and flowers vpon occasions of griefe and mourning they would take from them all their ornaments making them in a manner to partake of their mourning Some they kept in their private closets others they exposed to the publike view of passengers placing them in the gates of their houses together with the swords targets helmets ship-beakes and such other spoiles as formerly they had taken from their enimies which it was not lawfull for any though they bought the house so much as to deface CHAP. 5. De quarta divisione Romanorum in Optimates Populares THis fourth division of the Romans hath beene occasioned through the faction siding of the Citizens Those according to the description of Tully were Optimates .i. the best citizens who desired their actions might be liked and approved by the better sort Those Populares .i. popular who through a desire of vaine-glory would not so much consider what was most right as what should be most pleasing vnto the populacy So that here by this word Popular wee vnderstand not the commons as formerly we did but be he Senator Gentleman or inferiour if he doe more desire that which shall bee applauded by the maior part then that which shal be approved by the better part him the Romanes called Popular .i. such a one that preferreth the popular applause before the right CHAP. 6. De quintâ vltimâ divisione Romanorum in Libertos Libertinos Ingenuos item de Manumissione THe difference of freedomes in the citie of Rome hath given occasion of this division For he or she that had served as an apprentice and afterward was manumized was named Libertus or Liberta The sonne whose father mother were once apprentices was called Libertinus but that sonne whose father and mother were both libertines or both free-borne yea whose mother onely was free was called Ingenuus .i. free-borne But after Appius Coecus his Censor-ship then began Liberti Libertini to signifie one and the same degree of freedome so that Liberti and Libertini were taken for those which served for their freedome and Ingenui were taken for those which were free-borne whether their parents were Liberti or Libertini Here is occasion given vs to consider the maner of their freedome and such ceremonies which belonged therevnto The freedome of the city of Rome was three waies obtained First by birth both or at least one of the parents being free and such were called cives originarij Secondly by gift or cooptation when the freedome was bestowed vpon any stranger or nation and they were termed civitate donati and so wee read that Caesar did take in whole nations into the freedome Lastly by manumission which was thus when as the servant was presented by his master before the Consull or Praetor the master laying his hand vpon the servants head vsed this forme of words Hunc liberum esse volo and with that turning his servant round and giving him a cuffe on the eare hee did emittere servum è manu The Praetor then laying a certaine rodde or wand called Vindicta vpon the servants head replyed in this manner Dico eum liberum esse more Quiritum TheÌ„ the Lâ—ctor or Seriant taking the wand did therewith strike the servant on the head and with his hand bee stroke him on the face and gaue him a push in the backe and after this hee was registred for a free-man Moreover the servant hauing his head shaven purposely at that time receaued a cap as a token of libertie whence ad pileum vocare aliquem is to set one at libertie as likewise vindictâ liberare Here we may also consider the two severall kinds of servants the first were called servi and they could never attaine to any freedome without the consent of their Master for those that were thus servi were commonly captiues either bestowed as a reward vpon this or that souldier or bought sub coronâ or of other citizens which had gotten them one of those two former waies The second were called properly nexi addicti because though they were free yet by reason of their debt addicebantur that is they were delivered vp vnto their creditors by the Praetor to worke out the debt so that after the payment thereof either by mony or worke they did recover their libertie whence they were said nomina sua liberare wheÌ„ they paid the debt as on the contrary they were said nomina facere when they came in debt And their creditors when they sued for the payment were said nomina exigere Nomen in these and the like places signifying as much as Debitum a debt because the creditors did vse to write downe their debters names Lib. 2. Sect. 1. The generall divisions of the Romane Gods CHAP. 1. De dijs THough Satan had much blinded the hearts of men in old time yet was not the darknesse of their vnderstanding so great but that they did easily perceiue and therefore willingly acknowledge that there was some supreame governour some first mover as Aristot saith some first original of all goodnesse as Plato teacheth So that if any made this question whether there was a God or no he should be vrged to confesse the truth of that rather argumento bacillino quà m Aristotelico rather with a good cudgell then with any long dispute But as they were most certaine that there was a God so were they againe very blinde in discerning the true God and hence hath bin invented such a tedious catalogue of Gods that as Varro averreth their number hath exceeded thirty thousand and proved almost numberlesse Wherefore I shall omit to make any distinct treatise of the Gods intending obiter and by the way to speake of them which either had priests or sacrifices instituted for them Only I purpose to shew what is vnderstood by those generall distinctions of the Gods which diverse authors haue vsed Tully lib. 2. de legibus reduceth all vnto three heads Gods celestial which Varro calleth select and others haue styled Gods maiorum gentium .i. of the greater nations because their power was greater then the others Alexander Neapolitanus saith that twelue of these were the Penates which Aeneas did
take forth with him at the destruction of Troy Ovid calleth them Deos nobiles noble Gods others call thē Deos consentes quasi consentientes because Iupiter would do nothing without the consent of all Ennius hath delivered them in this distich Iuno Vesta Minerva Ceres Diana Venus Mars Mercurius Iovis Neptunus Vulcanus Apollo The second sort of Gods were called Semidei .i. Demigods also Indigites .i. Gods adopted or canonized men deified For as the select Gods had possession of heaven by their owne right so these Gods canonized had it no otherwise then by right of donation being therefore translated into heaven because they lived as Gods vpō earth but because their merit was inferior and could not parallel the deserts of the Gods select therefore were they called Gods of inferior note Servius would haue these called Divi observing this difference betweene Dij Divi that Dij should signifie those which had bin Gods perpetually but Divi should signifie men made Gods though commonly they are vsed one for another Whence they called all their Emperours Divi because for their deserts they thought them worthy to be Gods Now the manner how a man became deified was this The party to be canonized being dead a pile of wood was made in forme of a great tent or tabernacle with three other lesser tabernacles one vpon top of another the lower-most having in it dry combustible matter but in the out-side adorned richly with gold Ivory painted tables vpon the top of which was placed an eagle made of some light matter as paper or thin wood Hither the dead corps was to be caryed with great solemnities the Senate the gentlemen and al the chiefe magistrats going before with hymnes and songs and al kinde of honor which was to be performed even to the Gods themselues He being in this manner brought and laide within the second tabernacle the fire was kindled by reason of the smoake and vapor whereof the Eagle was carryed vp into the aire and as the Romanes thought it did transport the soule of the dead body into heaven in so much that ever after he was canonized amongst the Gods and worshipped as a God And because they were thus turned into Gods some haue called them Deos animales quoniam animae humanae verterentur in Deos. The third sort were those morall vertues by which as by a ladder men clymed into heaven and therefore did men stile them Gods because by their meanes men became deified Late writers perceiving that all the number of the Gods could not bee reduced vnto these three heads haue added a fourth sort which they call Semones quasi semi-homines because ancient writers as Rosinus hath obserued called men hemones not homines In which point I shall willingly condescend vnto him but I shall leaue to the iudgement of others to determin how iustly he hath restrained the Gods minorum gentium of the lesser nations only vnto this last classis whereas my opinion is that the demigods the morall vertues which haue beene stiled Gods and these Semones may all of them bee called Gods of the lesser nations standing in opposition with the Gods select which are called Gods of the greater nations But that we may vnderstand what is meant by these Semones we must remember that by them are signified vnto vs not those Gods which doe appertaine to man himselfe but to the necessaries of mans living his victuals his cloathing and the like not to the being of a man but to the well being of him of which sort is Salus Fortuna with others We read likewise of other names given in cōmon to diverse Gods not as opposite members of a division but as notes of distinction drawne from the diversity of helpe which they severally did afford vnto man In this espect some were called dij Patrij or tutelares such as had vndertaken the protection of any citie or towne which opinion hath sometimes beene entertained by our English-men and thence haue risen these and the like speeches S. George for England S. Denys for France S. Patricke for Ireland c. And the Romans being fully perswaded of the truth thereof whensoever they went about to beseege any towne by certaine enchantments or spels they would first call out these Tutelar Gods because they deemed it a matter impossible to captivate the citie as long as these Gods were within or at least they thought it a crime vnexpiable to take the Gods as prisoners And least other nations might vse the same meanes in beseeging Rome therfore as diverse authors haue thought the true name of the Romane citie was never knowne least thereby the name of their Tutelar God might bee descryed Others namely the Tyrians haue tied fast their God Hercules with a golden chaine thereby the more to secure themselues of his residence among them Others haue beene called Dij communes namely Mars Bellona and Victoria because in time of war they are not bound to either side but sometimes they helpe one side and sometimes the other And as they supposed some Gods to haue the protection of whole countries so did they beleeue that others had the charge of particular men and that so soone as any man was borne two spirits did presently accōpany him invisibly the one tearmed the bonus Genius or good angell perswading him to that which should be good the other called the malus Genius or evill angell tempting him to that which should be hurtfull insomuch that they thought all the actions of man to be guided by these angels called Genij so that if any misfortune befell a man they would say that the matter was enterprised Dijs iratis .i. our Genius being displeased with vs. Virgil calleth these bad Angels Manes as it appeareth by that Quisque suos patimur manes .i. Every man hath his evil Angell .i. some misfortune They are therefore called Genij because they haue tuition of vs so soone as we are Geniti .i. borne although every place had also his genius as hereafter shall appeare This opinion was the more confirmed by a vision which appeared vnto Brutus in Asia neere vnto the time of his death for Brutus watching vpon a certaine night in his pavillion the candle being nere spent saw a fierce tragical person appeare vnto him somewhat bigger then a man and hee presently being of an vndaunted spirit demanded whether he were a God or a man To whom the vision answered Brutus I am thy evill Genius which haunteth thee thou shalt see me at the citie Philippi againe And the same vision appeared vnto him as he was fighting at Philippi which was the last fight that ever he fought And because that Iuno was wont to be invocated in time of child-birth therefore many haue thought that every man hath not his two angels but one angell and Iuno to obserue him This Genius as often as he is vnderstood for the good or evil angel which hath
advise of them And they vnderstoode by certaine signes observed that the king had refused some speciall goodnesse sent from the Gods and for the books that remained they advised that the woman shoulde haue what shee asked As soone as the womaÌ„ had delivered her books shee presently vanished and was never seene againe onlie warning them to keepe the bookes as safe as possibly they could For the safe keeping of these Tarquinius chose two of the noble men or patricij calling them Duumviri appointing them as wel by study to expound as with care to keepe those oracles In processe of time the people obtained that tenne should be appointed to this office fiue of them being chosen out of the commons fiue out of the nobles and then were they called the Decem-viri Afterward by L. Sylla as it is thought fiue more were added so that they were then called the Quindecim-viri nay the number was encreased by Sylla vnto forty as Servius thinketh but stil called by the name of Quindecim-viri Of these women that had the spirit of prophecie ten were very famous the first was called Persica the second Libyca the third Delphica the fourth Cumaea the fifth Erythraea the sixt Samia the seaventh Cumana the eighth Hellespontia the ninth Phrygia the tenth Tiburtina They aâ— prophecied of the incarnation of Christ The place where these bookes were kept was within the Capitol vnder ground in a chest of stone where they remained safe vntill the burning of the Capitoll at which time they also were burned NotwithstaÌ„ding many of the prophecies haue bin known partly by tradition and partly being takeÌ„ out of other copies in other countries One of the prophecies concerning our Saviour Christ was vttered by Sibylla Delphica in manner as followeth Nascetur propheta absque matris coitu ex vtero eius that is There shal be a prophet borne without any copulation of the mother even out of her wombe It was spoken at Delphos All their prophecies were of that certainety that when we would averre any thing to be vndoubtedly true we vse to say it is Sibyllae folium as true as Sibyllaes oracles The Cumaea Sibylla did write her oracles at the mouth or entraunce of her caue in leaues of trees which the fiercenesse of the winde did often times so scatter that they could hardly be brought in order againe insomuch that when we would shew the great difficulty of bringing things it order we may vse Politian his words Laboriosius est quà m Sibylla folia colligere it is easier to gather together Sibyllaes leaues This name Sibylla is not a proper namâ— but an appellatiue common to all women endowed with the spirit of prophecie taking their denomination froÌ„ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is in the Aeolick dialect the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .i. God and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .i. counsell because they did open and declare the counsell determination of God vnto the people It appertained also ynto these Quindecimviri aboue-mentioned to see that sacrifice and divine service that supplications and processions expiations and all ceremoniall rites were duly performed CHAP. 13. De Bonâ deâ sacris eius THis Goddesse which is so famous by the name of Bona dea is the globe of the earth which is therefore â—earmed Bona dea the good goddesse because we reape so many good things from the earth She is called also Ops the helping goddesse ab ope from helpe because by her helpe we liue Shee is called Fatua and Fauna .i. the goddesse of speech because young children doe never speake vntill they are able to goe and so haue touched the earth The Grecians called her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the femal goddesse because that no male might bee admitted to her sacrifices â—ay the very pictures of men were at that time to be covered The inner roome where her sacrifices were was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the place for womens assemblies Those that were chiefe in these sacrifices were the Vestall Nunnes This good goddesse was supposed to bee the wife of Faunus and vpon a time to haue beene taken drunke with wine by him for which fault Faunus is said to haue beaten her to death with roddes of mirtle tree But afterward being sory for that he had done in amends hee made her a goddesse and as it were ever after detesting the mirtle-tree he allowing all other hearbs and flowers to be vsed in these sacrifices for bad the mirtle-tree Some say she was so chast that shee never was seene by any man but her husband and in respect of his chastitie the mirtle-tree is forbid because it was consecrated to Venus But whereas in this sacrifice they vsed wine they called it not by the name of wine but milke or hony whence they called the vessell wherein the wine was put amphoram mellariam .i. the hony vessell This sacrifice became very famous by reasoÌ„ of Clodius who being in loue with Pompeia Iulius Caesars wife came vnto these sacrifices in womans apparell was found out by Aurelia Iulius Caesars mother This Clodius became so infamous for this and other his adulterous prancks that hee occasioned a common proverbe amongst the Romans Clodius accusat moechos answerable to which our English saying is One theefe accuseth another CHAP. 14. De Cybelle sacerdotibus eius THis goddesse Cybele or rather Cybelle was in her infancie exposed vnto wilde beasts vpon the hill Cybellus where shee being nourished by the wilde beasts afterward became a woman of admirable beauty being found by a shepheards wife was brought vp by her as her own child and called Cybelle from the hill Cybellus Shee excelled in all naturall gifts and was the first that vsed a taber pipe and cymbals among the greekes Moreover shee tenderly loved children and therefore was called magna maâ—er shee was also called mater deorum the mother of the Gods Ipsa deûm fertur genetrix Berecynthia Virg. Shee was called Rhea à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to flow because shee doth flow and abound with all kinde of goodnesse Shee was also named Pessinuntia froÌ„ the city Pessinus a Mart-towne in Phrygia where shee had a temple Moreover shee was called Berecynthia from the hill Berecynthus in Phrygia where shee was worshipped Her priests were called Galli and their chiefe governour Archi-gallus they took their name from a certaine river in Phrygia called Gallus of which whosoever dranke he became so mad that he would presently geld himselfe as in truth all her Priests were inioyned to geld themselues with a fish shell The originall of which custome is rendred thus Cybelle loved a young man of Phrygia called Atys and him she appointed â—hiefe overseer for her sacrifice vpon condition that hee would keepe himselfe chast perpetually But he not long after deflowred a nymphe for which fact Cybelle bereâ—t him of his wits and vnderstanding so that hee in his madnesse
did geld himselfe and would haue killed himselfe also had not the Gods in their commiseration towardes him turned him into a pine-tree In remembrance of him ever after her Priests were gelded Every yeare the Praetors did sacrifice vnto this goddesse But the performance of the holy and religious tites at that time did belong vnto a Phrygian man and Phrygian woman chosen for that purpose which according to the manner of their country being apparelled with a party coloured garment called in Latine Synthesis or amictus variegatus and carying the picture of their goddesse about with them in the streetes they stroke their breasts with their handes keeping tune with the tabers pipes and cymbals which other people following plaied vpon and they were called Corybantes from one Corybantus which was one of her first atteÌ„dants And herevpon we call the cymbals aera corybantia In this manner dancing about the streets they begged mony of the people whom they met and hence were they named Cybelle her collectors or her circulatores .i. iuglers Some calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in this place signifieth Cybelle called the great mother and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a begger or gathereâ— of almes Others haue called them Mitriaci But by what name soever they were called the place was so infamous by reason of their drunkennesse and vncivilitie vsed at these times that when they would point out a notorious naughtie fellow they would call him câ—rculatorem Cybelleium Cybelle her iuggler Neither was it lawfull for any free borne to vndertake that office CHAP. 15. De Collegio Pontificum Pontifice Maximo THis word Pontifex is commonly translated a Bishop or Prelate being called Pontifices in Latine as also PoÌ„tifies in English from one part of their office which was to haue the oversight of a great woodden bridge called in Latine Pont sublicius being so great that carts and waines might passe over it having no arches to vphold it but only great piles and posts of wood and that which is most remarkable in it was that it was â—oined together only with wooden pinnes without any iron at all Others are of opinion that they were tearmed Pontifices quasi potifices from potis and facio of which opinion Lucane seemeth to bee according to that Pontifices sacri quibus est commissa potestas Concerning the number of them only foure were appointed by Numa all which then were to bee choseÌ„ out of the Patricii afterward foure more were added out of the commons These were called Pontifices maiores or chiefe Pontifies to distinguish them from seaven other which afterward Sylla added and called them Pontifices minores inferiour Pontifies The whole company of them was called the college of Pontifies This college is priviledged from all allegiance being not bound to render an account of their doings either to the Senate or Commonaltie They were to determine all questions concerning religion as well betweene their priests as betweene private men They had authoritie to punish any inferiour Priest if he either detracted or added vnto those religious rites which were prescribed him They had their great PoÌ„tifie whom they called Pontificem maximum These Pontifies were wont to exceed in their diet insomuch that when the Romanes would shew the greatnesse of a feast they would say it was Pontificia coena .i. according to our english phrase a feast for an Abbot Coena adijcialis is taken for the same CHAP. 16. De epulonibus THe Pontifies in old time appointed three men whom they called Triumviâ—os Epulonum from EpuluÌ„ a feast to haue the oversight of the feasts made at sacrifices afterward by reason of two twice added they were called first Quinqueviri and at length Septemviri Epulonum CHAP. 17. De Titijs ANother sort of religious men there were which lived in the subvrbs of the city practised sooth saying They were called Titij from the name of the birds which they observed which in latine were called Titiae CHAP. 18. De Virginibus Vestalibus NEre vnto Castors temple stood the religious house or NuÌ„nery dedicated to the goddesse Vesta where at the first were fowre after 6. Virgins or votaries elected whose office was chiefly to keepe the sacred fire the extinction whereof proved ominous and did portende some evill event shortly to happen And therefore for their negligence herein as for all other small faults they being had into a darke corner stripped naked and a curtaine drawne halfe way over them the chiefe Pontifie scourged them neither was it lawful to kindle the fire once put out with any other fire but from the sun beams for which purpose they had certaine instruments named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which were formed in the maÌ„ner of a pyramis but hollow so that the beames being collected within the circumference meeting in the vertex did easily kindle any combustible matter put vnto it but chiefly if the matter was of blacke colour because as philosophy teacheth a darke colour doth coÌ„gregate or collect the beames wheras whitenesse doth disperse them A second part of their office was to worke reconciliation betweene parties offended as appeareth by Suetonius where wee may read that by their intercession Sylla was reconciled to Caesar They were chosen into this place betweene the sixth and the eleaventh yeare of their age and they were to remaine in this Nunnery 30. yeares space 10. yeares to learne their ceremonies and mysteries 10. yeares to exercise them 10. yeares to instruct others within which space if they had suffered their bodies to be defiled they were to vndergo that feare full punishment afore mentioned But these 30. yeares being expired marriage was lawfull for them so that they laid aside their scepters their fillets and other their sacerdotall ornaments Notwithstanding those which did marry in the end dyed fearefull deaths wherevpon they chose rather to abstaine commonly The Romanes had them in great honor so that they never walked abroad but with an yron scepter in their hands and whatsoever malefactor met theÌ„ if the Nun would take her oath it was by chaÌ„ce he escaped punishment They were named Vestals froÌ„ their goddesse Vesta which word as Munster writeth is derived from the Hebrew radix signifying fire The eldest was called Maxima Vestalis virgo .i. the Lady prioresse or chiefe governesse CHAP. 19. De veterum sacrificiis ritu sacrificandi WHatsoever was burnt or offered vp vnto the Gods vpon an altar it had the name of a sacrifice and sometimes it was called victima quod vincta ad aras stabat because the beast to bee sacrificed stood bound vnto the altar Sometimes Hostia from an obsolete verbe Hostio which is to strike because certaine vnder officers called in Latine Popae standing by the altars all their vpper part naked and a lawrell garland vpon their head did Hostiare victimam .i. strike downe and kill the
commons insomuch that now wee call every witty poeme wherein the liues and manners of men are sharpely taxed A satyre or satyricall poeme Satyra mordax fuit salsum genus carminis These satyricall plaies were also called Attellanae from the city Attella in Campania where they were often acted The third sort of stage-plaies were called Tragoediae from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a goat and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an ode or song because the actors thereof had a goat given them as a reward And likewise they were called Praetextatae frō Praetexta a certaine Romane robe which these actors did vse to weare in their plaies The fourth sort were comoediae frō 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth villages and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because these kinde of actors did go vp and downe the country acting these Comedies in the villages as they passed along They were likewise called Tabernariae à tabulis .i. from the boards or pentices wherewith they were sheltred frō the weather whiles they were acting These two last sorts of plaies namely Tragedies Comedies being still in vse amongst vs it will be worth our labour to consider the communities wherin they agree likewise the proprieties or notes of distinction by which they differ I finde three sorts of parts wherein they agree namely partes primariae accessoriae circūstantes parts principal accessory and circumstances which are not so truely parts as accidental ornamēts added to beautifie the plaies The principal parts are 4. in respect of the matter treated of For as farre as the declaration or exposition of the matter in hand reacheth without intimation of the event to ensue so farre reacheth the first part called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word signifieth no more then a proposition or declaration But when the play inclineth to its heate trouble thē ensueth the second part called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth the intension or exaggeration of matters The third part is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .i. the state and full vigour of the play The last part which is an vnexpected change into a suddaine tranquillity and quietnesse is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence by a metaphor it hath beene translated to signifie the end or period of any other thing or rather the inclination vnto the end as vitae humanae catastrophe the end of a mans life In respect of the players forsaking the stage the parts were fiue namely the fiue Acts. For the Actors did fiue times in every Comedie and Tragedie forsake the stage and make as it weare so many interruptions The occasion whereof is supposed to haue been this That the spectators might not be wearied out with a continued discourse or action but that they might sometimes be delighted with variety intermixed For those breaches and chasmes betweene each act were made vp and supplyed either by the Chorus or Musicke Where we must note that every Tragedy and Comedie must haue fiue Actus and no more according to that of Horace Neuè minor quinto neù sit productior actu Fabula Againe we must remember that it is not necessary that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 should alwaies be cōtained in the first Act though many times it happeneth so for in Plautus his bragging souldier the Protasis is found in the second Act and so likewise haue the other three parts .i. Epitasis Catastasis Catastrophe their bounds vnbounded These Acts are divided into severall scenes which sometimes fal out more sometimes fewer in every Act. The definition of a scene being Mutatio personarum Whence we call a subtile Gnatho which can humor himselfe for all persons and times omniū scenarum hominem A man fit for all parts Now amongst the Romanes it was thought vnfit that aboue three persons should come on the stage in one scene Nec quarta loqui persona laboret Hor. The partes accessoriae in a Comedy are foure Argumentum Prologus Chorus Mimus The first is the matter or subiect of the Comedy the second is the Prologue which is either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as doth open the state of the fable at which time there needeth no argument or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as cōmendeth the fable or the Poet vnto the people or lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as shall refute the obiections and cavils of adversaries The third is Chorus which speaketh betweene each Act and this Chorus may consist either of one or many speakers that either male or female but with this caution that if a male be to be commended then must the Chorus consist of males if a female be to be commended then must it consist of females And alwaies whatsoever the Chorus speaketh it must be pertinent vnto the Act past or covertly intimating somewhat ensuing Non quid medios intercinat actus Quod non proposito conducat haereat aptè Horat. The fourth and last accessory part was Mimus the clowne or foole of the play Of all these parts 〈◊〉 tragedy hath onely a Chorus The partes circumstantes or accidentall ornaments were foure common to both Titulus Cantus Saltatio Apparatus .i. the title of the play Musicke Dauncing and the beautifying of the scene By the Scene in this place I vnderstand the partition betweene the players vestry and the stage or scaffold This partition at the acting of a Tragedy was vnderpropped with stately columnes pillars and beautified with paintings resembling princely buildings and the images as well of Gods as Kings At the acting of a Comedy country-cottages and private buildings were painted in the out face of the partition In the Satyricall plaies the painting was overcast with shadowes of mountaines and woods The first of these partitions they called Scenam Tragicam the second Comicam the third Satyricam The differences betweene a Tragedy a Comedy which may be collected out of Antesignanus are these first in respect of the matter because a Tragedy treateth of exilements murders matters of griefe c. a Comedy of loue toyes merry fictions and petty matters the one being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In a Tragedy the greatest part of the Actors are Kings and Noble persons in a Comedy private persons of meaner state and cōdition The subiect of a Comedy is often feigned but of a Tragedy it is commonly true and once really performed The beginning of a tragedy is calme and quiet the ende fearefull and turbulent but in a comedy contrarily the beginning is turbulent and the end calme Another differēce which Antesignanus hath omitted is behouefull for vs to knowe namely that the Tragedians did weare vpon the stage a certaine shooe comming halfe way vp the legge in manner of buskins which kind of shooe was called by thē Cothurnus and from that custome it hath beene occasioned that Cothurnus is translated to signifie a Tragicall and loftie stile as Sophocleo digna Cothurno
feast whereat they gaue entertainement being their supper we will consider these three things therin First Accumbendi vel discumbēdi rationem .i. the manner of their lying at supper for they sate not at table as we do Secondly the forme fashiō of their table and lastly the parts of their supper The place where they supped was commonly called coenaculum à coena as our dining-chamber is so called from our dinner It was also called Tricliniū or Biclinium from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a bed for sometimes there were three beds sometimes but two about the table vpon which the guests did sit or rather ly along In this dining parlour was placed a table sometimes made quite round and for the common sort of people it was made of ordinary wood standing vpon three feet but for men of better fashion it was made of better timber inlaid sometimes with wood of divers colours sometimes with silver and it stood vpon one whole entire foote made of yvory in the forme of a great Lyon or Leopard c. sometimes this table was made in the forme of an halfe moone the one part of it being cut in with an arch or semicircle and then it was called Sigma because it did much resemble the letter Sigma which as it appeareth by certaine marble monuments was in old time made like a Romane C. If any mā should demand the reason why they cut their table in that forme I must confesse that I haue not read any reason in any autor but my coniecture is this It is agreed vpon by all autors that in the round tables the one quarter was reserved void frō guests that the waiters might haue a cōvenient roomth to attend Therevpon it seemeth not vnprobable to me that this crooked arch was made for the waiters I acknowledge that this Sigma hath beene translated diversly by diverse writers as it appeareth by Lipsius By some it hath beene taken for the parlour or supping chamber Lipsius in his Antiquities by others for the supper or feast it selfe so Coelius thought By Lipsius since it hath bin thought a certaine place erected in manner of an hemicycle or halfe-moone against which they did place their beds but Brodaeus Ditmarus in my opiniō haue more truely taken it for the table it selfe About the table that was perfectly round were placed three beds covered with tapestry or some other kinde of covering according to the wealth and ability of the person and thus strato discumbitur ostro the beds being ready furnished the guests lay downe on them in manner as followeth Each bed contained three persons sometimes fowre seldome or never more except at their great feasts Many times it fell out that each guest had his bed to himselfe whence A. Gellius saith that the nūber of guests shoulde begin with the Graces and end with the Muses .i. they must not be fewer then three nor more then nine This also hath beene the reason of that Adage Septem convivium novem convitium faciunt If one onely lay vpon the bed then he rested the vpper part of his body on his left elbow the lower part lying at length vpon the bed but if many lay vpō one bed then the vppermost did lie at the beds head laying his feet behinde the second his backe the second rested his head in the others bosome having a cushion put betweene laying his feete behinde the thirde his back in like maner the third fourth did lie They divided their supper into three partes which they called their first second and third messe In the first messe commonly was served mulberries lettices sausages and alwaies egges as likewise in the last messe were served nuts figs grapes but alwaies apples whence wee say proverbially ab ovo ad mala from the beginning of the feast to the end or simply from the beginning of any thing vnto the end thereof The middle messe was the maine supper and the chiefe dish thereof was called caput coenae CHAP. 4. De Romanis vestibus WE may obserue in reading old autors that as well the Romanes as the Grecians had diverse distinct habits or outward vestimēts The Grecians had their Mantile called Pallium the Romanes their gowne called Toga and by this different kinde of garment the one was so certainly distinguished from the other that this word Togatus was often vsed to signifie a Romane and Palliatus a Grecian Togati pro Romanis dicti vt Palliati pro Graecis Before we proceede we will first obserue what this Toga was then how many sorts there were Toga à tegendo dicta est It was made commonly of wooll but according to the worth and dignity of the person somtimes of courser sometimes of finer wooll As we may collect by that of Horace Mihi sit toga quae defendere frigus Quamvis crassa queat We must note with Toxita that no women of any credit did weare the Romane gowne but insteede thereof did vse a garment called stola from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying demitto quòd vsque ad talos demitteretur whence old Poets when they would point out vnto vs an infamous or lewde strumpet they would tearme her Mulierem togatam This toga sometimes was worne open and vntuckt then was it called Toga aperta other times it was tuckt vp then it was called toga praecincta This cincture or girding vp of the gown was according to Sigonius threefold Cinctura laxior Astrictior and Cinctus Gabinus Cinctura laxior or the loose kinde of girding was such that notwithstanding the tuck yet the taile trailed vpon the ground Cinctura astrictior the close kinde of girding was such that after the gowne had beene lapped or tucked vp it should not reach so farre as the feet The first kinde of these cinctures did argue a remisse soft and effeminate minde the latter did signifie the promptnesse or readinesse of the person Vnde Altè praecincti pro expeditis dicti sunt Thirdly Cinctus Gabinus was a warlike kind of girding not so that the whole gown should be tucked vp about the midle but that it being cast quite backward the party should gird himselfe with one skirt thereof This kind of girding was so called from a certaine citie of Campania called Gabij because vpon a time the inhabitants of this citie being at sacrifice were set vpon by their enimies at which time they casting their gownes behind them and girding one lappet or skirt about them went immediatly to warre even from the altars and got the conquest In memory of which ever after the Consul when hee would proclaime warre girded himselfe in like manner Neither had the Consul alone a peculiar garment when he proclaimed warre but every souldier in time of warre did weare a different kind of garment from the gown which they called Sagum we may english it a souldiers coat Whence Tully
hills made the first locall tribe The second nationall tribe called Tatienses did inhabite the Capitoll and the Quirinall mountaine which two mountaines made the second locall tribe The third nationall tribe did inhabite the plaine betweene the Capitoll and the Palatine hill and that plaine was called the third locall tribe Of these tribes more is spoken in the first division of the Romane people Only here we must note thus much that in processe of time after the citie was enlarged and the number of the Roman citizens encreased these locall tribes were also augmēted so that they amoūted at the last to the number of 35. some of them being called Vrbanae others Rusticae Vrbanae ab vrbis regionibus Rusticae ab agri partibus erant nuncupatae And of these two sorts the Tribus rusticae were accounted the more honourable Moreover wee must remember that a man might be reputed of this or that tribe although hee had no place or habitation therein Concerning the place where these Tributa comitia were had sometime they fell out to be in the Campus Martius sometimes in their great hall of iustice called Comitium sometimes in the Capitoll many times in other places according to the discretion of the magistrate which caused these assemblies CHAP. 5. De Candidatis IT shall not be impertinent to annexe some necessary observations touching the Romane petitors or suiters for bearing office where we wil obserue these three phrases ambire magistratum inire magistratum and abire magistratu The first signifieth to sue for an office the second to enter into the office the third to depart out of the office Againe the difference of these phrases Conficere legitima suffragia Explere suffragia The first signifieth to haue so many voices as the law doth require The second signifieth to haue more voices then any other competitor but not so many as the law requireth These persons were tearmed Candidati à togâ candidâ from the white gowne which they did weare as appeareth more at large where we haue spokē De Romanâ togâ That they might the easier procure the good will of the people these foure things were expected from them First Nomenclatio the saluting of every citizen by his name for the better discharge of which they had a certaine follower which should by way of prompting tell every citizens name as he passed by and hence this prompter was sometimes called Nomenclator which word doth properly signifie a common crier in a court of Iustice such as call men to their appearance whence they had their name from Nomen calo an old latin word to call sometimes Monitor sometimes Fartor ab infarciendo in aures Secondly Blanditia that is a friendly compellation by the addition of some complementall name as well met friend brother father c. Thirdly Assiduitas that is an hote canvasing or soliciting men without intermission Lastly Benignitas a bountifull or liberall largesse or dole of mony called Cōgiarium from the measure Congius containing a gallon because their dole was at the first made of oile or wine distributed in those measures Howbeit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any dole gift or larges in mony or otherwise is called cōgiariū The distributors of this dole were called divisores sequestres although sometimes sequester signified a briber or corrupter of a Iudge Likewise their bounty or liberality consisted in providing great dinners and exhibiting great shewes vnto the people c. Lib. 3. Sect. 2. Of the Romane Magistrates CHAP. 1. De magistratibus Romanis WE being to treate of the Romane magistrates will first see what the definition of a magistrate is A magistrate is he who receiveth by publique autority the charge and oversight of humane affaires belonging to the commō wealth These Romane magistrates were either to be chosen only out of the better sort of Romanes called the Patricij or else onely out of the commonalty The first were thence called Magistratus patricij the second Magistratus plebeij The Patricij had power to hinder the assemblies of the people namely their Comitia by observing signes and tokens from the heavens howbeit some of them had greater power others lesse insomuch that some were called Maiores magistratus quoniam habebant maiora auspicia .i. magis rata Others were called minores magistratus quoniam habebant minora auspicia Of these in their order CHAP. 2. De Rege Tribuno Celerum IN the infancie of Rome it was governed by a king vntill Tarquinius Superbus his time who by maintaining that shamefull act of his sonne towards Lucretia did so incense the people that they did not only for the present exile him but decreed that their city should never after that be governed by a king This king had absolute rule governement over the city For the safety of his person he had three hundred chosen young men alwaies to be attendant about him much like vnto our kings Maiesties Guard here in England or rather his Pensioners They were called Celeres à celeritate from their readines in assistance sometimes they were called Trossuli because they alone without the helpe of any foote-men did take a certaine city in Etruria called Trossulum Other times they haue beene called Flexumines wherof as yet there hath beene no certaine reason rendred Each hundred of them had their severall overseer called Centurio and over them al there was one generall overseer and chiefe commaunder whom they called Praefectum vel Tribunum Celerum his place being next to the king A second sort of attendants about the king were called Lictores à ligando according to that Lictor colliga manus They did somewhat resemble our Serjants there being in number twelue of them Their office was to carie certaine bundles of birchen rods with an axe wrapped vp in the middest of them the rods in latin were called Fasces the axe Securis The reason why they carryed both axes and rods was to intimate the different punishment that be longed vnto notorious and petty malefactors The reason why they were wrapped vp togither was not onely that they might be thereby more portable but that the anger of the magistrate might be somewhat allayed whiles they were vnbinding Hence because these Fasces virgarum securium did betoken honour and chiefedome in place autority by the figure synecdoche this word hath beene vsed to signifie honour and dignity as Fascibus suis abrogatis he being discharged of his magistracie or dignity CHAP. 3. De Senatu quis Princeps Senatus qui Senatores Pedarij TOuching the election of the Senators the number of them and the distinction of them into Senatores maiorum Senatores minorum gentium sufficient hath beene delivered in the second division of the Roman people as likewise in the third division hath been shewne the habit or gowne by which the Senators were distinguished from
or in making provision of victuals in time of peace A second and maine part of their office was in reforming manners to which end they had power to enquire into every mans life This part of their autoritie was noted out vnto vs by this phrase being called Virgula censoria If any one had plaied the ill husband neglected his farme or left his vine vntrimmed the Censors tooke notice thereof They did Senatu Tribu movere .i. They did depose Senatours and pull downe men from a more honorable Tribe to a lesse honourable They did punish Capitis diminutione .i. with losse of freedome and that was threefold Maxima Media Minima The least degree of disfranchising was the pulling of a man downe from an high Tribe to a lower Diminutio media was an exilement out of the city without the losse of ones freedome It is commonly set downe in this forme of words Tibi aqua igni interdico Diminutio maxima was the losse of ones Tribe city and freedome These Censors were reputed of the best rancke of Magistrats in Rome they remained in their office an whole fiue yeares space ordinarily I say ordinarily because through the abuse of their place the office hath been somtimes made annuall That fiue yeares space the Romanes did call Lustrum because they did once in every fiue yeares revolution Lustrare exercitum Romanum by sacrifice purge the Romane army Hence we say duo Lustra 10 yeares tria Lustra 15 yeares c. The performance of this Lustration belonged also vnto the Censors for after the Censors had performed the one part of their office in registring the iust valuation of every citizens estate they did lead a Sow a Ramme and a Bull three times about the army and in the end sacrificed them to Mars and thus to purge an army is condere Lustrum though sometimes condere lustrum doth signifie to muster an army These sacrifices as likewise all others of the like nature that is wherein there was a Sow a Ramme and a Bull sacrificed were tearmed sometimes Suovetauralia somtimes Solitauralia sometimes Taurilia Moreover it did belong vnto these Censors to farme out the tributs imposts tollage c. At the fiue yeares end the acts of both their Censors were registred vpon bookes of record which records were laid vp in a certaine religious house dedicated to the Nymphs Whence Cicero speaking of Clodius saith Qui aedem Nympharum incendit vt memoriam publicam incensis tabulis publicis impressam aboleret CHAP. 6. De Praetoribus THe Consuls by reason of their many troubles in war having no time to administer iustice vnto the Romane people did for their better help therein create two new officers for the executing of iustice the one to examine and iudge of matters within the city between citizen and citizen the other to decide controversies betweene forreiners The first they called Praetorem vrbanum and Praetorem maiorem the other Praetorem peregrinū Praetorem minorem we may english them Lord-chiefe-Iustices Where we must note that at the first there was only the Praetor Vrbanus vntill the cases and suits in law became so many that one was not sufficient to heare them all yea at last the number of the Praetors came to sixteene namely when those two were added for the providing of corne and graine whence they were called Praetores cereales nay there were at last eighteene Praetors there being two others added to iudge of controversies touching feofmēts of trust called thēce Praetores fidei cōmissarij Causarū duo genera sut aliae privatae aliae publicae has criminosas illas civiles appellant In those cases which were private .i. touching equity and vprightnesse of any act or the restitution of any mony or goods vnlawfully detained from the right owner it belonged principally vnto the two first Praetors to iudge but vnder them vnto the Centumviri who often times are called by Tully Recuperatores Iudices hastae the court Hasta centūviralis because one of the marks and speciall ensignes was a speare erected vp in the place the court was kept Those cases which were publique or criminall as treason murder buying of voices in the canvassing for offices c were called also causae capitales and capitis dimicatio .i. such cases wherein if the party accused had bin found guilty he was capite damnatus by which phrase we must not vnderstand alwaies Vltimum suppliciū sed aliquando exilium quo scilicet caput .i. civis eximitur à civitate These cases at the first were heard by the kings Consuls afterward by certaine appointed therevnto by the people being called from their inquisition quaesitores parricidij In continuance of time the examination and hearing of these publique cases was turned over vnto certaine magistrates who because they were to continue their office a full and entire yeare whereas the others had their authoritie no longer then they sate in iudgement were thence for distinction sake called Praetores Quaesitores and the cases were tearmed Quaestiones perpetuae because in these cases there was one set forme of giving iudgement perpetuallie to remaine wheras in those private or civil causes the Praetor did commonly every yeare change the forme of giving iudgement by hanging vp new edicts Here we must note that these Quaesitores Parricidarum otherwise called Praetores Quaesitores had not the examination of all publique cases but sometimes vpon extraordinary occasions either the Consuls the Senate or the people themselues would giue iudgement Now as those former Praetors had a speare erected vp whereby their court for private causes was knowne so had these Quaesitores a sword hanged out in token of their court Praetorum insignia duo fuere hasta gladius illa ad iurisdictionem hic ad quaestionem significandam The officers which did attend these Praetors were Scribae .i. certaine notaries much resembling the Clearkes of our Assises their offices being to write according as the Praetors or chiefe Iustices did bid them taking their name à scribendo The second sort were called Accensi ab acciendo from summoning because they were to summon men to their appearance They much resembled our bayleiffes errant The third sort were lictores of which before The authority of the vrbane Praetor was so increased in time yea his honour was such that whatsoever hee commaunded it had the name of Ius honorariū Others are of opiniō that onely the Praetors edict was that Ius honorariū the Praetor Vrbanus being wont at the entrance into his office to collect a set forme of administration of iustice out of the former lawes and severall edicts of former Praetors according vnto which he would administer iustice all the yeare following And vnlesse the people might be ignorāt of the contents thereof he caused it to be hanged vp to the
maintenance of those souldiers but being denied it hee built a certaine Treasure-house which hee called Aerarium militare whereinto he cast his mony for himselfe Tiberius and promised to doe so every yeare Afterward when hee saw the Treasury not to be enriched enough either by that mony which himselfe bestowed or by the contributions of others he appointed that the twentieth part of all inheritances and legacies except it were to the next of the kin or to the poore should fall vnto this Treasurie For the charge custody hereof he appointed three of those souldiers which alwaies attended about him for the safegard of his person calling them Praefectos Aerarij CHAP. 20. De Praefecto praetorio ALL captaines and governours to whom the rule of an army belonged were in ancient time called Praetores This word Praetor signifying then three chiefe officers among the Romanes First a Consul secondly a L. chiefe Iustice thirdly a L. Generall in warre all of them being called Praetores quasi Praeitores qurniam iure exercitu praeibant Answerable to which threefold acception this word Praetorium hath three severall significations sometimes it signifieth a Princes palace or manour house sometimes a great hall or place where iudgment was wont to be given and lastly the L. Generall his pavilion in the campe from which last signification it is that those souldiers that gaue attendance about that pavilion for the gard of their captaines person are sometimes called Milites Praetoriani sometimes Cohors praetoria and hee to whom the oversight of these souldiers was committed was thence called Praetorio praefectus CHAP. 21. De Advocato fisci FOR the right vnderstanding of this office wee must first note a difference betweene these two wordes Aerarium and Fiscus Aerarium was a common treasury belonging vnto an whole state or corporation whēce all publike and commō expences are to be supplied Fiscus was the Kings or Emperors private coffers it may be englished the Kings Exchequer The keeper thereof was called Advocatus Fisci There are many other pettie offices with in the citie which I haue purposely omitted because there is but seldome mention of them in old autors and as oftē as they are mentioned their names doe explaine their office CHAP. 22. De praecipuis magistratibus provincialibus OVer the Provinces at first ruled certaine magistrats sent from Rome by commission from the Romane Senate called Praetores whose office was to administer iustice vnto the Provinciall inhabitants yea and if occasion served to make warre also vpon their enimies this was the reason that the number of the Praetors did so increase alwaies namely accordingly as the number of Provinces did encrease The warres and tumults in the Provinces sometimes were so great that the Praetour was not sufficient both to manage warre and execute iustice wherevpon the Senate thought fit to send another magistrate into the Provinces whom they called a Consul because properly the managing of warre belonged vnto the Consul So that there were at first two ordinary Provinciall magistrates a Consul to manage warre and a Praetour or L. chiefe Iustice to sit in iudgement And if these two by a second grant from the Senate did continue in their office aboue the space of an yeare then were they called Proconsules Propraetores But in processe of time this custome was altered For then none could bee Proconsuls but those alone who had beene Consuls in Rome neither could any be Propraetours which had not beene Praetors at Rome Their manner being that the next yeare after the expiration of their offices in Rome they should departe into some certaine province to beare the same offices againe being not called Consules or Praetores as before but Proconsules Propraetores and for this cause alwaies so soone as the Consuls had beene created the Senate did appoint certaine Provinces for the Consuls which being appointed the Consuls did either agree between themselues who should go to the one who to the other and that was tearmed comparare provincias or else they did decide the question by lots and that was tearmed sortiri provincias howbeit sometimes the Senate did interpose their autority and dispose the same Vnder the Emperours the governours of some Provinces were appointed by the Senate the people and those were called Proconsules and the Provinces Provinciae Consulares others were appointed by the Emperours and they were called Propraetores and the Provinces Praetoriae Provinciae For all this which hath bin noted touching the Provinciall Magistrates it is almost verbatim translated out of Rosinus To which we adde this namely that every Proconsul and Propraetor did vsually choose a Lieuetenant such a one as should bee assistaunt vnto him in matters of governement whom they called Legatum So that this word Legatus signified three several Magistrates amongst the Romanes two whereof may bee proved out of Sigonius first that it signified such a Lieuetenant or L. Deputy vnder a Proconsul or Propraetour in a Province secondly that it signified such a one as is imploied in the delivery of a message or embassage from one Prince or State to another we commonly call them Embassadors Lastly it signified a Lieuetenant or chiefe captaine in warre whose place was next vnder the L. General Moreover every Proconsul and Propraetour had with them certaine Treasurers called Quaestores Provinciales These provinciall treasurers were chosen by the Romane people commonly namely such a number as the number of Provinces did require After the election they between themselues did cast lots who should go vnto the one who vnto the other Provinces sometimes extraordinarily by vertue of speciall Act or decree this or that speciall man hath obtained this or that Province without any lottery By the way we must note that all Provinciall Quaestors could not be called Proquaestores as all Provinciall Consuls and Praetours were called Proconsules Propraetores For these only were called Proquaestores which did succeede these Provinciall Quaestors when they did either die in their office or depart out of the Province no successor being expected from Rome at which times it was lawfull for the Proconsul or Propraetor to choose his Proquaestor Moreover there were beside these Legati Quaestores other military officers such as are the Tribuni militum Centuriones Praefecti Decuriones togither with other inferiour officers as their Secretaries Baylieffes Cryers Serjants and such like Lib. 3. Sect. 3. Of the Romane Lawes CHAP. 1. De Legibus HAving spoken of the civill Magistrates wee will now also descende vnto the civill law where first we will note among other differences betweene Ius and Lex principally these First Lex signifieth only the law but Ius signifieth also that place wheresoever the law or iustice was administred not only if it were administred out of the tribunall in the Comitio or great hall of Iustice which was tearmed by the lawyers
broad and deepe ditch adding therevnto a rampier fortified with many castles and fortresses whereby they both kept the towne from any forraigne succour and withall secured themselues from sallies and other stratagems This rampier did extend it selfe toward the wals of the city so that by making as it were a great hill they might overtop the city and fight with the greater advantage Now that this great heape of earth might become firme and well able to support the buildings to bee erected vpon it they did cast in much timber stones amongst the earth and this heape of earth stones and timber when it was reared was properly called Agger whence commeth both the Latin verbe Exaggerareâ— and the English to Exaggerate .i. to amplifie or encrease a matter The stakes posts trees which were ramined in about this bulwarke or rampire to vpholde the earth were sometimes called Ceru because of their forked and sharpe tops but more properly Valli and Valla. The distance or space betweene each stake was called Intervallum though now IntervalluÌ„ doth signifie not onely such a distance but any distance either of place or time as it appeareth by that of Tully Intervallo locorum temporum dâ—siuncti Sometimes Vallus doth signifie a pole or stake wherevnto vines are tyed according to that received adage which we vse when a speciall friend forsaketh one Vallus vitem decepit From the first signification it is that Vallum doth often signifie the inclosure or hedging in of trees and stakes wherwith the bulwarke is vpheld Alluding wherevnto A. Gellius translateth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vallum dentium The meanes of their defense whiles they were making this their rampire was a certaine engine or ordinance of warre made of plankes and hurdles running vpon wheeles vnder which they might rest secure froÌ„ all stones and darts cast from the wals of the city It was called Vinea A second engine was Musculus The matter wherof it was made I haue not read but the vse of it was that vnder it the souldiers might approch vnto the wals of the city and vndermine them Thus much Lipsius seemeth to inferre when he rendreth the reason of the name Musculus ideò dictus quia instar eius animalculi foderent sub eo terram A third meanes of their defense was Militaris testudo This word Testudo in the art Military had a double acception both being borrowed from the resemblance of the Tortoise shell which is the true genuine signification of this word In the first acception Testudo doth signifie a warlike engine or fense made with boards covered over with raw hides which served against fire and stones cast at the souldiers vnder this they might safely assaile the wals In the second acceptioÌ„ it signifieth a target-fense which was a close holding togither of targets over head like a vault or roofe wherewith the footemen did defend themselues from the thicke shot of arrows or slinging of stones Their rampier or countermure being finished they vsed certaine great timber towers made vpon wheeles to run to and fro which they called Turres ambulatoriae moueable turrets These towers had many stories one over the other wherein they carryed ladders casting bridges thereby to scale the wals The engines hithervnto haue been defensiue such wherwith the Romanes defended themselues in their siege others there were offensiue wherwith they did assaile the city and of those the chiefe were Balista sive Catapulta Scorpius sive Onager Aries Malleoli The first of these engines as it was called Balista 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from darting or casting forth any thing so was it in old time called Catapulta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a shaft or dart The forme thereof followeth traÌ„slated word for word out of Marcellinus Betweene two plankes there is set in frame and fast ioyned a strong bigge yron reaching out in length after the maÌ„ner of a good great rule out of the round body whereof which is artificially wrought there lyeth forth farther out a fowre square beame made hollow with a direct passage in manner of a narrow trough tyed fast with many cords of â—inewes twisted one within the other and therevnto are ioined two wooden skrewes neere vnto one of which standeth the cunning Balistier subtilly putteth into the hollow passage of the beame a wooden shaft with a bigge head glewed fast to it This done on both sides two lustie young men doe bend the engine by turning about certaine wheeles When the top of the head is drawne to the vttermost end of the cords the shaft being carried forth of the Balista by the inward force thereof it flyeth out of sight That the reader may receaue the more light in the vnderstanding of this obscure description I haue added the very words of Marcellinus Ferrum inter axiculos duos firmum compaginatur vastum in modum regulae maioris extentuÌ„ cuius ex volumine teretis quod in medio ars polita componit quadrat us eminet stylus extensius recto canalis angustimeatu cavatus hac multiplici cordâ nervorum tortiliuÌ„ illigatus eique cochleaeduae ligneae coniunguntur aptissimè quarum propè vnam adsistit artifex contemplabilis subtiliter adponit in temonis cavamine sagit tam ligneam spiculo maiore conglutinatam hocque facto hinc inde validi iuvenes versant agilitèr rotabilem flexum Quum ad extremiatem nervorum acumen venerit summum percita interno pulsu à balista ex oculis evolat In respect of its vse we may english it a Crossebowe but it was much bigger and of a different forme The Scorpion which now they call Onager is described by Marcellinus in the same place thus Two oaken or elme beames are hewen out and somewhat bended so that they seeme to bunch out in backs and these in maner of a saw engine are tied fast together being bored through with wide holes through which by the meanes of those holes strong cords are tied keeping in the whole frame that it start not asunder From betweene these bunches another wooden beame reaching forth overthwaâ—t and in maner of a waine beame erected vp is tied with such devises vnto certaine ropes that it may be pulled vp higher or let downe lower at ones pleasure and at the top thereof certain yron hooks are fastned from which hookes there hangeth down a certain sling either of iron or tow Vnder which erected beam there lyeth a great peece of haire-cloath full of small chaffe tied fast with cords and placed vpon a bancke of turâ—es or a heape of bricks When therefore it commeth to the point of skirmish a round stone being put into the sling foure young men on one side loosing the beames into which the ropes are incorporated doe drawe backe the erected beam vnto the hooke Thus at length the master of the engine standing in some high place giving
hast vndertaken an hard taske Now the tribute to be paid was either certaine or vncertaine The certain was properly called Tributâ—â— vel Stipendâ—â—â— and those who paid it were tearmed Tributarij sive Sâ—ipendiarij and this tribute was of two sorts either ordinarie such as was required from every house yearely even in the time of peace or extraordinary such as was levied by a law or decree of the Senate towards vnexpected charges The vncertaine tribute properly called Vectigal was either impost-mony such as was collected in haven townes for the transportation of marchaâ—ts wares and that was called from Portus Portorium or from Porta Portarium and the receavers thereof Portitores or Tithe corne namely the tenth part of their graine and that was called from Decem Decumae and the receauers thereof Decumani though Decumanus when it is an adiectiue signifieth as much as Maximus according to that of Ovid. lib. 1. de Trist Qui venit hic fluctus fluctus supereminet omnes Posterior nono est vndecimoque prior The reason of this signification is supposed to be because in Arithmeticke amongst simple numbers the tenth is the greatest or lastly that mony which was paid by certaine heardes-men for pasturing their cattle in the Romane fields and forrests This kinde of tribute was called Scriptura and the pastures Agri Scripturarij because as Festus saith the bayliffe or receaver of this mony called Pecuarius did Scribendo conficere rationes .i. keep his account by writing Where we must note first that all these kindes of Tributes were not only required in Provinces or Countries subdued but throught Italy even in Rome it selfe Secondly though each collectour of these Tributes was distinguished by a peculiar name yet by a generall name they were al called Publicani in as much as they did take to rent these publike tributes The chiefe of them which entred into bond as the principall takers or farmers of these tributes Tully calleth Mancipes The others which were entred in to the same bond as sureties were tearmed Praedes Many times the Romanes did bestow the freedome of their citie vpon forraigne countries the degrees of freedome was proportioned accordingly as the countries were Some they honoured with the name of Romane citizens but excluded them from the right of suffraging leaving them also to be governed by their owne lawes and magistrates This state they called a Municipal state in Latine Municipium because they were Muneris huius honorarij participes By Munus honorarium in this place is vnderstood nothing but the bare title of a Romane citizen whereby they were privileged to fight in a legion as free denisons not in an auxiliary band as the associates Now the first that ever obtained this Municipall state were the Cerites who for preserving the holy things of Rome in the time of the warre against the Gaules were rewarded with the freedome of the citie but without power of suffraging From whence it is that those tables wherein the Censors inrolled such as were by them deprived of their voices were called Cerites tabulae Horace calleth such a table Ceritem ceram for the reason shewne before But wee must withall obserue that some Municipall townes haue either by desert or instant suit obtained the libertie of suffraging also which occasioneth that receaued distinction that there was MunicipiuÌ„ sine suffragio and Municipium cum suffragio Other countries which could not bee admitted into the freedome of the citie haue obtained and that not without speciall and deserved respects to be Associats and confederats vnto the state of Rome The inhabitants of such countries were sometimes called Soâ—ij sometimes Amici sometimes Latini nominis socij c. The King or Prince of such a countrie did stile himselfe Amicus socius Senat. Pop. Rom. Here we must obserue a difference betweene Pactio and Foedus both signifying a kind of league That truâ—e which in time of warre is concluded vpon and accepted of both sides for a certaine limited space of time is properly called Pactio we commonly call it Induciae and it differed from Foedus first because that Foedus is a perpetuall truce or league Secondly because it was necessary that one of those Heralds at armes called Foeciales should by a solemne proclamation confirme this league called Foedus neither of which conditions was absolutely requisite in their truce tearmed Pactio CHAP. 5. Mulctae militares quibus milites Romani ob delicta afficiebantur TOuching the punishments that the Romane L. General vsed towards his owne souldiers when they were faulty they were commonly proportioned vnto the fault committed Sometimes they were easie of which sort were al those punishments which did only brand the souldiers with disgrace other times they were heavier such as did hurt afflict the body To the first sort belonged these First Ignominiosa dimissio .i. a shameful discarding of a souldier when he is with disgrace removed from the army Secondly Fraudatio stipendij .i. a stopping of their pay such souldiers which suffred this kinde of mulct were said to be are diruti because Aes illud diruebatur in fiscuÌ„ non in militis sacculum Thirdly Censio hastaria whereby the souldier was inioined to resigne and giue vp his speare for as those which had atchieved any noble act were for their greater honour Hastâ purâ donati so others for their greater disgrace were enforced to resigne vp their speare Fourthly the whole Cohors which had lost their banners were compelled to eat nothing but barly bread being deprived of their allowance in wheat and every Centurion in that Cohors had his souldiers belt or girdle taken from him which was no lesse disgrace amongst them then it is now amongst vs that a knight of our order of the Garter should be deprived of his Garter Fiftly for petty faults they made them to stand barefooted before the L. General his pavillion with long poles of ten foote length in their hands and sometimes in the sight of the other souldiers to walke vp and downe with turfes on their necks In the last of these they seemed to imitate their city discipline whereby malefactors were inioined to take a certaine beame resembling a forke vpon their shoulders and so to cary it round about the towne whence from Furâ—a Fero they were tearmed Furciferi It hath some affinity with our carting of queanes here in England In the first wee haue no custome that doth more symbolize then the standing in a white sheet in the open view of a congregation The last of their lesser punishments was the opening of a vaine or letting them bloud in one of their armes which kinde of punishment was vsed toward those alone which as they conceited thorow the abuÌ„dance of their hote bloud were too adventurous and bold The heavier kinds of punishments were these first Virgis vel Fuste caedi to be beaten with rods or with staues and
etiam cedere And hence it is that in races and the like masteries hee that was overcome did gather some of the grasse of that place and giue it vnto the conquerour as a token that hee did acknowledge himselfe conquered This is the reason of that Adage Herbam dare .i. to yeeld the victory Thirdly Corona civica which was bestowed only vpon him which had saved a citizens life though in processe of time it was also bestowed vpoÌ„ the L. Generall if he spared a Romane citizen when hee had power to kill him It was commonly made of oake whence it was called Corona quernea Fourthly Corona Muralis He only was honored with this which did first scale the wals enter first into the enimies citie hence this crown was cut vpon the circlet or top like vnto the battlements Fiftly Corona Castrensis This the L. Generall bestowed on him which first entred into the enimies tents it did beare in it the resemblance of a bulwarke or at least of the mound wherewith the bulwark was strengthned which mound was called in Latine Vallum and thence the crowne it selfe was often called Vallaris corona Lastly Corona navalis with which hee was honoured which first entred into the enimies ship in a battle vpon sea it was portrayd with many ship-beakes called in latine Rostra whence the crown it selfe was often called Corona Rostrata FINIS INDEX RERVM ET VERBORVM MAXIME INSIGNIVM A A. Litera in tabulâ scripta quid significet 98 A. litera salutaris 166 Abdicere quid 119 Abire flaminio 47 Ab ovo ad mala Prov. 78 Acca Laurentia quae ei cur sacra instituta 39 Actiones redhibitoriae quae 128 Accumbendi ratio apud Romanos qualis 76 Acerra quid 91 Actus neque plures neque pauciores in fabula quà m quinque esse debent 71 Ad agnatos Gentiles deduceÌ„dus est Prov. 154 Ad meridiem 65 Ad mediam noctem ib. Ad te tanquam ad aram confugimus 2 Ad te tanquaÌ„ ad Asylum conf ib. Addicere quid significet 119 Addicta bona quae 120 Addicti servi qui 28. 120 Adijcialis coena quae 56 Adorea quid 192 Adscriptus civis quis 14â— Adulterium quid 85 Advocatus fisci 131 Aedes Saturni 10 Aediles vnde dicti 128 Aediles Curules qui vnde dicti ib. Aediles plebeij qui ib. Aediles Cereales qui vndè dicti ib. Aera Corybantia vndè dicta 55 Aerarij qui 97 Aerarium vnde dictum 10 Aerarium sanctius 11 Aerarium militare ib. Aerarium quomodò differat à fisco 131 Aere diruti qui quare dicti 188 Aes signatum 161 Aes grave ib. Aesculapij insula 12 Agere forum quid 6 Agere pro Tribunali quid 134 Agere de plano quid ib. Agere ad populum 141 Agere cum populo ib. Agger 179 Agonalis mons 3 Agonales Salii 49 Agones qui vndè dicti 60 Agrariae leges 150 Agri scripturarii 186 Alae aciei 178 Alarum praefectus ib. Alba toga quomodò differebat à togâ candidâ 81 Albo-galerus 46 Albi dies qui 66 Altare quid vnde dictum 20 Altè praecincti pro expeditis dicti 79 Amphitheatrum quid 15 Amphora mellaria 54 Amphora Italica 143 Amphora Attica ib. Ampliatio quid 166 Ampliari quid ib. An auctor esset 169 An sponderet ib. An satisdaret ib. Ancile coelo delapsum 49 Angues pinge duos i. duos Genios 34 Angusticlavia 34 Angusticlavij ib. Anniversariae feriae quae 66 Annonae praefectus 129 Annus quasi annulus 62 Annus Lunaris ib. Annus à Romulo institutus ib. Annus Bissextilis 63 Annus Iulianus 64 Annus magnus vertens ib. Ante coenium quid vnde dictum 76 Ante-pilani qui 178 Ante-signani qui 159 Antiquo quid significet 98 Aperire ludum 67 Apex quid 46 Apex pileorum genus 49. Apollinares ludi qui 73 Aquâ igni interdicere 116 Ara quid vnde dicta 20 Arae quare gramineae dictae ib. Archi-gallus quis vnde dictus 54 Arâ—us Triumphalis 191 Arena 16 In Arenam descendere ib. Arietem emisit Prov. 50 Aries machinae genus eius descriptio ex Marcellino 183 Armis versis pugnare 74 Arvales fratres qui quot vnde dicti 39 Aruspices vnde dicti 40. As. 155 Assiduitas in candidates 109 Asylum 1 Atri dies qui 66 Attellanae vnde dictae 70 Auctio quid 149 Auctor quis ib. Aventinus Mons. 4. vnde dictus ib. Augurum collegium 40 Augures vndè dicti eorum numerus initio ac deinceps quaÌ„tus 41 Auguratus semèl vni datus eidem vivo nuquam adimi potuit ib. Augurandi ceremoniae 42 Auguria prospera adversa quaÌ„ do dicta 43 Auguria impetrativa ib. Auguria oblativa ib. Augustus Octavius Caesar dictus 120 Avibus bonis quid 41 Avibus malis quid ib. Avis sinistra quid significet 43 Aurea corona 192 Aurum coronarium quid vndè dictum 148 Auspices quasi avispices 40 Auspicijs bonis 41 Auspicijs malis ib. Auspicari rem quid ib. Auspicium coactum quid vndè dictum 44 Auxilia quae 174 Axare quid 50 B. BAlista quid vndè dicta 181 A BAND of souldiers cur sic dict 179 Bandum 179 Barritum tollere 174 Basilica quae pars templi 17 Basilicae Romanae quae 8 Bellare coestu quid 68 Bellum quomodò indici solitum 50 Benignitas in candidatis 109 Berecynthia vndè dicta 54 Bessis quid 155 Biclinium vndè dictum 76 Bissextilis annus qui 63 Bissextus dies qui 64 Blanditia in candidates 108 Bona dea 53. quare dicta ib. Bustuarij qui 74. 94. Bustuarij vndè dicti 74 Bustum quid vndè dictum 93 C. CAballus mons 34 Coelius mons 3 Caesar 120 Caesar juventutis Princeps 121 Caesar Nobilissimus ib. Cajus Caja maritus vxor dict 88 Calantica 84 Calcei mullei 85 Calcei lunati ib. Calcei Vncinati 85 Calendae 64 Calumniam jurare dejurare 165 Calumniari praevaricari tergiversari quomodo differuÌ„t 160 Campus sceleratus 11 Campus Martius quare Tiberin dict 12 Candida toga 79 Candidatus vnde 81.108 Candidatus Principis 82 Candidatus Quaestor ib. Capitolinus mons 2 Capitolium vnde ib. Capite-Censi 105 Capitis dimicatio 117 Capitis diminutio maxima media minima 116 Capite damnatus 117 Capnomantes 45 Caput Porcinum in bello quid quare dict 178 Carceres in circo quid vnde 14 A Carceribus ad metam ib. Castoris templum 9 Castrenses ludi 75 Catapulta quid vnde 181 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 70 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ib. Catastrophe vitae humanae ib. Cavea quid 14 Caudex quid 100 Causae capitales 117 Celebaris hasta 87 Celeres qui vnde 27.111 Celerum Tribunus 111 Censor Censoria virga 115 Census quid signif 155 Census Senatorius
whereabouts they were wont to haue the image of the beast Sphinx which was so famous for his obscure riddles so that by this image was signifyed that the oracles of the Gods which were treated of within the Church were dark and mystical They had certaine walkes on each side of the body of the Church which they called â—â—rticus in these places it was lawfull for them to marchandise make bargaines or conferre of any worldly businesse as likewise in the basilica or bodie it selfe But their quire called Chorus was counted a more holy place set apart onely for divine service The manner of hallowing it was as followeth When the place where the Temple should be built had beene appointed by the Augurs which appointing or determining the place they called Effari templa and sistere Fana then did the party which formerly in time of neede vpon condition of helpe from the Gods had vowed a Temple call togither the Aruspices which should direct him in what forme the temple should be built which being knowne certaine ribbands and fillets were drawne about the area or plat of ground with flowers garlands strowed vnderneath as it was probable to distinguish the limits of this ground now to bee hallowed Then certaine souldiers marched in with boughes in their hands after followed Vestall Nunnes leading young boyes maides in their hands who sprinkled the place with holy water After this followed the Praetor some PoÌ„tifie going before who after the area had beene purged by leading round about it a sow a ramme and a bull sacrificed them their entrals being laid vpon a turfe the Praetor offered vp praiers vnto the Gods that they would blesse those holy places which good meÌ„ intended to dedicate vnto them This being done the Praetor touched certaine ropes wherewith a great stone being the first of the foundation was tyed together with that other chiefe Magistrates Priests and all sorts of people did helpe to pluck that stone let it down into its place casting in wedges of gold and silver which had never beene purified or tryed in the fire These ceremonies being ended the Aruspex pronounced with a loud voice saying Nè temeretur opus saxo auróue in aliud destinato .i. let not this worke bee vnhallowed by converting this stone or gold into any other vse De Aede sacrâ Fourthly a Church was called Aedes sacra an holy house because of the sacrifices prayers and other holy exercises performed therein Although as Gellius hath long since observed every holy house was not a Church For the proper note of distinction betweene a Church and a religious house was this that a Church beside that it was dedicated vnto some God it was also hallowed by the Augures without which hallowing the edifice was not called a Church but a religious house of which sort was the Vestall Nunnerie and the common treasurie called Aedes Saturni Wee may adde herevnto this word Pulvinar which doth often signifie a church the reason being taken from a custome amongst the Painims who were wont in their churches to make certaine beds in the honour of their Gods and those beds they called Pulvinaria from pulvis because they were filled with dust or chaffe De Sacrario Sometimes SacrariuÌ„ signifieth a temple though properly it signifieth a Sextry or Vestry nempe Sacrorum repositorium De Lucis Neere vnto diverse temples stood certaine groues dedicated to some of the Gods they were called in Latine Luci à non lucendo as diverse say by the figure antiphrasis But others are of a contrary opinion giving it that name because of the exceeding light it had in the night time by reason of the sacrifices there burnt De Scrobiculo Arâ Altari The places vpon which they sacrificed either in their religious houses or their groues were of three sorts which we in english tearme altars but the Romans distinguished them by three severall names Scrobiculus Ara and Altare De Scrobiculo Scrobiculus was a furrow or pit containing an altar in it into which they poured downe the bloud of the beast slaine togither with milke hony and wine when they sacrificed vnto an infernall God De Arâ The second kind of altar was called Ara either ab ardendo because their sacrifices were burned vpon it or from their imprecations vsed at that time which in Greeke they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was made foure-square not very high from the ground or as some say close to the ground and vpon this they sacrificed vnto the terrestriall Gods laying a turffe of grasse on the altar and this gaue Virgil occasion to call them Aras gramineas .i. grassie altars De Altari The third sort was called Altare either because it was exalted and lifted vp somewhat high from the ground or because he that sacrificed by reason the altar was so high was constrained to lift vp his hands in altum on high and vpon this they sacrificed vnto their celestiall Gods only De Foco. Focus is a generall name signifying any of these altars so called à fovendo because as Servius hath observed that is properly focus quicquid fovet ignem sive ara sit sive quicquid aliud in quo ignis fovetur Lib. 1. Sect. 2. The generall divisions of the Romane people CHAP. 1. De populo Romano eius primâ divisione THus having premised a short treatise concerning the first situatioÌ„ of Rome and the most remarkeable parts thereof I purpose to proceed to the Inhabitants which antiquity hath stiled CitizeÌ„s of Rome And Erasmus rather describing a Romane then defining him saith A Romane was graue in his conversation severe in his iudgement constant in his purpose Whence Cicero in his Epistles ofteÌ„ vseth this phrase More Romano for ex animo .i. vnfainedly Sigonius rendring the definition of a Romane citizen averreth that no man is lege Optimâ .i. in full and compleate manner a citizen of Rome but he which hath his habitation there which is incorporated into a tribe and which is made capeable of city prefermeÌ„ts By the first particle those which they terme municipes by the second those which they cal Inquilini by the third those which they call Libertini are in a manner disfranchised But whereas Sigonius saith that they must haue their habitation at Rome he would not be so vnderstood as if a Romane citizen might not remoue his habitation to any other country For saith he a Romane citizen may be as long absent from Rome and the fields belonging to Rome as he please so that hee suffer himselfe to be sessed and taxed in common with others toward the subsidy paiments denieth to be incorporate into another city For T. Pomponius was a true citizen of Rome though he dwelt at Athens The Romane citizens being by these priviledges as by a more proper peculiar character distinguished from other people and being planted in the city according