Vivâ voce but by giving vp certaine tablets the manner wherof hath beene formerly shewen whence both this and all other lawes tending to this purpose haue beene called Leges tabellariae Cassia lex After Gabinius Cassius also preferred a law that both the Iudges in their iudgements and the people in their assemblies should suffrage by rendring such tablets but this is to be vnderstood only of those assemblies by wards called Comitia Tributa wherein they treated of mulcts mercements Coelia lex Coelius Trib. Pl. established a law that not onely in mulcts and mercements but also In perduellionis iudicio .i. in taintments of treason against any person of state namely such as were sacrosancti or against the common weale this Tabellary libertie should haue place when the people should iudge thereof In perduellionis iud This word perduellis doth signifie an enimy vnto the state a traytour hence commeth this word perduellio signifying not onely the crime of treason but the punishment also due therevnto Si crimen quoderat gravissimum inter crimina nempe imminutae maiestatis si poena quae erat acerbissima nempe mortis Papiria lex C. Papirius Carbo Trib. Pl. perswaded that not only in their elections but in the proposall of their laws also this suffraging by tablets should be vsed Sempronia lex C. Sempronius Gracchus Trib. Pleb preferred a law that the Associates of Latium should haue as great right of suffraging as the Romane citizens Manilia lex C. Manilius Trib. Pl. preferred a law that all those who were Libertini in what tribe or Ward soever should haue the right of suffraging CHAP. 6. De Senatu Senatoribus Claudia lex Q. Claudius Trib. Pleb perswaded a law that no Senator or Senators father should haue any ship which should conteine aboue three hundred of those measures called Amphorae deeming that sufficient for the transportation of their coâ—e from the Romane fields Secondly by this law the Senatours were forbidden the vse of trading Amphorae Alexander Neopol observeth two sortes of these measures namely Amphora Italica containing 2. Vrnas and Amphora Attica containing 3. Vrnas everie vrna contained two gallons and a pottle This in probability is vnderstood of the Italian Amphora Tullia lex When as a custome had growne that many of the Senatours having by speciall favour obtained Liberam legationem vpon all occasions would abuse that their authoritie procuring thereby their private gaine and the encrease of their owne honour then M. Tullius Cic. being Consul laboured quite to take away these kinds of embassages which though he could not effect yet thus farre he prevailed That whereas in former times this Libera legatio being once obtained was never not through a mans whole life taken from him againe yet afterward this autority should never be granted to any longer then the space of one yeare Legatio libera We may obserue in ancient autors three severall kindes of embassages The one which is a message sent from the Prince or chiefe governours of one country vnto another and that is expressed commonly by this one word Legatio without any addition therevnto sometimes it is called Legatio mandata The second which is wheÌ„ one purchaseth the title of an Embassadour thereby the more honourably to performe some vow made whence it was called Legatio Votiua The third is the office or title of an Embassadour granted vpon speciall favour vnto a Senatour that he might with the greater autority prosecute his private suits in law or gather vp his debts in that province whither he went this last was tearmed Legatio libera All three sorts are bâ—â—fly touched by Toxita CHAP. 7. De Magistratibus Cornelia lex L. Cornelâ—us Sylla being Dictator made a law that all such as would follow him in the civil warre should be capeable of any office or magistracie before they came vnto their full yeares A second part of this law was that the children of such as were proscripti should bee made vncapeable of the Romane magistracies Before they came to their full age For L. Villius preferred a law whereby he made such as were vnder age to be vncapeable of the city preferments and those he accouÌ„ted vnder age who had not attained vnto that number of yeares which he had prescribed each severall office and this law was tearmed lex annalis Proscripti Those were tearmed proscripti who were not onely exiled and banished their country but also their goods were seazed vpon and consiscated Quoniam eorum nomina in publico scribebantur hinc proscribi dicebantur Hircia lex A. Hircius made a law that all those that followed Pompey should be made vncapeable of all places of office Cornelia lex L. Cornelius Sylla finding the Praetores .i. the L. chiefe Justices not to giue sentence alwaies according to equitie yea sometimes to goe quite contrary to their owne Edict made a law that every L. chiefe Iustice should administer iustice according to that his first Edict hanged vp at the beginning of his office An additioÌ„ vnto this law was that the L. chiefe Iustice should not be absent out of the citie aboue ten daies Clodia lex In former times it was lawfull for either of the Censors to censure whom he pleased and how hee pleased except his fellow Censor did plainely gaine say it and make opposition therein But many abusing this their authoritie P. Clodius Trib. Pl. made a law that the Censors should not overskip any in their election of Senators neither should they brand any with disgrace except such as had been accused vnto them and beene condemned by them both Valeria lex The office of a Dictator at the first institution continued but six months space vntill L. Valerius Flaccus being Interrex in the vacancy of the Consuls preferred a law that L. Cornelius Sylla should be a perpetuall Dictator Cornelia lex L Cornelius Sylla in the time of his Dictatorship did by vertue of a law preferred by him clip the authoritie of the Tribuni Pl. disabling them of bearing any office after the expiration of their Tribuneship taking away their authoritie of preferring lawes of vsing any solemne speech or publike oration vnto the people of hearing appeales of hindring any statute or decree tending to the hurt of the populacy CHAP. 8. De legibus Coecilia Didia lex Q Coecilius Metellus and Titus Didius being Consuls forbad that Vna rogatione .i. in one and the same bill many things should be proposed vnto the people least by that meanes the people by graunting the whole bill might graunt something which they would not or in denying the whole bill might deny some particular clause which by it selfe they would haue accepted Moreover these two Consuls ordained that before a law should be asked in the assemblies it should bee promulged .i. hanged vp to the publique view of the people three market daies Iunià Licinia
8. De tribus collibus adiectis THree other hils there were which in processe of time were added vnto the city which partly because they were not included within the Pomoerium so soone as the other but chiefly because they were not of such note therefore Rome retained the name Septi-collit .i. the city vpon 7. hils The first of those hils was called Collis hortulorum .i. the hill of gardens so tearmed because of the many gardeÌ„s neere adjoining Here was the Cireque or the shew-place of the struÌ„pet Flora which made the people of Rome heire to those goods which shee had gotten by prostituting her body to young gentlemen leaving also a certaine summe of mony to procure a celebration of her birth-day which because of her infamie the people shaming to doe they feined her to be the goddesse of flowers and that shee must first be appeased by sports and plaies performed in the honour of her before the trees and fruits of the earth would prosper The second was called Ianiculus from Ianus that two-faced God who as writers testifie was there buried It did lie beyond the river Tiber and now hath changed its name being called from the yellow sands mons aureus and through negligence of the Printer Montorius .i. the goldeÌ„ mountaine The third was famous for the many divinations and prophecies vttered vpon it and thence was it named Vaticanus from Vaticinium a foretelling It is at this time famous for a library in it called Bibliotheca Vaticana CHAP. 9. De Foro Romane FOrum hath diverse acceptions sometimes it is taken for a place of negociation or marchandising which we call a market-place and being taken in this sense it hath commonly some adiectiue ioined with it as Forum boarium the beast-market forum piscarium the fish-market Olitorium forum the hearb-market Other times it is taken for any place wheresoever the chiefe governour of a province doth coÌ„vocate his people togither there to giue iudgement according to the course in law whence a man is said Forum agere when he keepeth the Assises and Forum indicere when he appointeth the place where the Assises shal be kept Thirdly it is taken for a place where controversies in law are iudicially determined and orations are had vnto the people And of this sort there were fix distinct Forums One called Forum Iulium because it was built by Iulius Caesar A secoÌ„d was added by Octavius Augustus called therefore Augusti Forum The third Forum was founded by Domitian the Emperour but by reason of his suddaine death Nerva had the finishing thereof It had the name of Forum Transitorium the transitorie Forum because there was transitus .i. a way or passage through it into three severall market places A fourth was added by the Emperour Traianus wherein was erected a stately columne or pillar 140 cubites high having all the noble exploits performed by Traianus engraven in it Another was called Salustij Forum because Salust bought it with diverse gardens adioyning which since haue beene called horti Salustini The last Forum which indeed was first built and in all respects excelled the rest was called Forum Romanum and Forum vetus or by way of excelleÌ„cy the Forum as if there were no other Forum Where we must vnderstand that as often as Forum is vsed in this latter sense namely for a pleading place it is so vsed figuratiuely by the figure Synecdoche for in truth the pleading place wherein Orations were had was but one part of the Forum Romanum namely that Chappell or great building which they called Rostra Round about this Forum Romanum were built certaine trades-mens shoppes which they tearmed Tabernae and also other stately buildings called Basilicae Pauli Here was the Comitium or hall of iustice the Rostra .i. the Orators pulpit Saturnes sanctuary or the common treasure house and Castors temple of all which in their order CHAP. 10. De Basilicis BAsilicae were vpper buildings of great state and much cost being supported with Pilae .i. flat sided pillars hauing vnderneath them walkes much resembling our cloisters saving that the Iâ—tercolumnia or space betweene the pillars lay open vnto the very grond That they were vpper buildings may be collected by the custom of many men which were wont to walke vnder these Basilicall buildings and therefore were called Subbasilicani by Plautus The vse of these were principally for the Iudges to sit in judgement but in their absence it was lawfull for marchants to deale in their businesses Those of chiefe note were three thus named Pauli Porcia and Iulia. CHAP. 11. De Comitio COmitium was a part of the Forum Romanum being a great large hall of iustice which for a long time was open at the top having no covering and for that reason the assemblies were often dissolved in rainy or vnseasonable weather In it stood the Tribunal being a place erected vp on high in forme of our pulpits but many degrees larger in the midst therof the Sella Curulis .i. the Ivory chaire froÌ„ whence the chiefe magistrate administred iustice other inferior magistrats fitting on beÌ„ches on each side which were called Subsellia because they were lower theÌ„ the Tribunal Those which sate vpon these benches had power cognoscere but not pronuntiare much like to our Iustices at the Assises which may examine or informe against a malefactor but not condemne him Where wee may obserue the difference betweene Comitium signifying such an edifice or building and Comitia signifying the Roman assemblies both being so called à coeundo In this hal did stand an Altar vpon which the Iudges laying their hands did take their oath to administer iustice without partiality It was called puteal Libonis CHAP. 12 De Rostris NEXT to the Comitium stood the Rostra a goodly faire edifice in manner of the bodie of a Cathedrall Church In it stood an orators pulpit deckt beautified with the stemmes of many ships which they got froÌ„ the people of Antium in a memorable battle vpon sea and hence from those ship-beakes called in Latine Rostra hath this place taken his name It may bee englished the great Oratory or place of common plea. CHAP. 13. De templo Castoris ANother part of the Forum was a sanctuarie built in the honour of Castor and Pollux the reason thereof was because they appeared vnto the Romans in the Latine warre in the likenesse of two Angels sent from heaven to lead the Roman army and to assist the Romans against the Latines who being vanquished they suddenly were departed out of the field none knowing how even in the same moment they appeared vpon their sweating horses vnto the Roman citizens in the Forum who taking them for souldiers demanded what newes they brought home from the campe they replyed that the Romans were conquerours which newes being delivered they suddenly vanished and were seene no more Vpon this occasion did A. Posthumius being at that time Dictator
Holy-daies which they called Dies festos festivall daies or dies Feriatos Ferias Holy-daies because they did vpon such daies Ferire victimas .i. offer vp sacrifices Others were distinguished for working daies which they called Profestas quasi procul à festis The third distinction was of halfe-holy-daies which ab intercidendo they called Dies intercisos as it were dayes cut asunder the one part of them being allotted for worldly businesses the other for holy and religious exercises These feriae were either privatae and so they beloÌ„ged somtime to whole families as Familiae Claudiae Aemiliae Iuliae c. sometimes to private persons as every one his birth day particular expiations c. or else they were Publicae such as the whole commonwealth did obserue and they were of two sorts the one called Anniversaria which were alwaies to be kept on a certaine day and therevpon they were called feriae statiuae the other conceptiuae which were arbitrarie and solemnised vpoÌ„ such daies as the magistrates and priests thought most expedient whereof the Latinae Feriae were chiefe which Latinae Feriae were kept on mouÌ„t Albane to Iupiter Latiar for the preservation of all the Latine people in league confederacy with the Romanes and were solemnised in memorie of the truce between those two nations Those feriae which were called Imperatiuae Indictiuae because the Consul Praetor or chiefe Pontifie according to their pleasure imperabant indicebaut has .i. commanded them may in my opinion be contained vnder that member of Feriae conceptivae in respect of the vncertaintie of them Another distinction of daies is found in the Roman Kalender to haue beene in Fastos whole court or leet-daies Ex parte Fastos Halfe court dayes Nefastos Non-leet daies though this word Nefastus be often expounded vnlucky as in that of Horace touching the tree Ille nefasto te posuit die .i. He plaÌ„ted thee in an vnhappy time These daies were so called à fando froÌ„ speaking because vpon those daies which were Fasti the Praetor or L. chiefe Iustice might lawfully keepe court and administer iustice which was not done without the speaking of these three words Do Dico and Addico Dabat actioneÌ„ dicebat ius Addicebat taÌ„ res quaÌ„ homines Where by the way wee must note that sometimes these court daies were also called dies comitiales because that vpon every such day as the comitia .i. the publike assemblies were held it was lawfull to keepe court whence not only comitialis dies doth signifie a law day but comitialis homo also doth signifie a wrangler in the law or a litigious person CHAP. 2. De Ludis THis word Ludus hath diverse acceptions sometimes it is takeÌ„ for a iest or scoffe as vt me ludos facit How he scoffeth me Sometimes for a place of exercise where any feate is learned as ludus literarius a schoole for learning ludus gladiatorius a fence-schoole and Aperire ludùm to set vp a schoole Sometimes for any game pastime or sport publiquely exhibited either that thereby the Gods might bee appeased or the applause and favour of the people gained These games from the diversity of the place where they were had may be divided into ludos compitales circenses scenicos Compitales were such as vsually were soleÌ„nzied in compitis .i. in the crosse-waies and open streetes Circenses were circque-shewes taking their appellatioÌ„ either froÌ„ the great circque or shewplace called Circus Max where the games were exhibited or from the swords wherewith the players were invironed as one would say Circaenses They much resembled those Grecian games called certamina Olympica where the ruÌ„ners with chariots were hemmed in on the one side with the running river and on the other with swords pitched point-wise that they should hold on the race directly and not swarue aside without danger Some haue thought theÌ„ to be the same with ludi Gymnici so called from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 naked because that those which did performe these kinde of exercises did either put off all or the greatest part of their clothes to the intent that they might the more readily and nimbly performe their games for which purpose they did also annoint their bodies with oile Whence we say when a man hath lost his cost and labour Operam oleum perdidit oleum in this place signifying cost charges so that the proverb was the same with that of the cobleâ—s crow opera impensaperijt The games and Masteries vsed in the circque were diverse namely fifty-cuffes fencing with swords shaking the speare dauncing in plaine ground leaping iumping casting the dart wrestling running the race with chariots which was called certamen bigarum vel quadrigarum playing at whorle-bats which was tearmed belâ—are coestu casting or hurling the great stone called discus though sometimes this discus was made of yron or brasse The players thereat were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to dart or cast out any thing The third sort of plaies were ludi Scenici stage-plaies The reason of this name scena may be seene before The first institution of them was occasioned by reasoÌ„ of a great sicknes which by no medicinary help could be removed The Romanes superstitiously conceiting that some new games or sports being found out the wrath of the Gods woulde thereby bee vnarmed Wherevpon about the fowre hundreth yeare after the building of Rome they sent for certaine stage-players out of Hetruria which they called Histriones froÌ„ the HetruriaÌ„ word Hister which signified such a player Concerning the diverse kindes of stage-plaies I read of fowre called by the Grecians Mimicae Satyrae Tragoediae Comoediae by the Romanes Planipedes Attellanae Praetextatae Tabernariae In English Fables Mimicall Satyricall Tragicall Comicall These Mimicall players did much resemble the clowne in many of our English stage-plaies who sometimes would go a tip-toe in derision of the mincing dames sometimes would speak ful-mouthed to mocke the country-clownes sometimes vpon the top of their tongue to scoffe the citizen And thus by their imitation of all ridiculous gestures or speeches in al kinde of vocations they provoked laughter whence both the plaies and plaiers were named Mimi from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Imitator or one that doth apelike counterfet others as likewise they were called Planipedes because the Actors did enter vpon the stage planis pedibus .i. Excalceati barefooted The second sort of plaies were called Satyrae froÌ„ the lascivious and wanton country-Gods called Satyri because the Actors in these Satyricall playes did vse many obscene poems and vnchast gestures to delight their spectators Afterwarde these kinde of actors as wee may coniect did assume such liberty vnto themselues that they did freely and without controlement sharpely taxe censure the vices even of kings as wel as of the
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
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
Agere pro Tribunali but also if it were administred in a private house or in ones iourney so that it were by a lawfull Magistrate and out of the curule chaire and this was tearmed by the Lawyers Agere de Plano and hence is it that In ius vocare signifieth to cite one into the court Secondly Lex signifieth onely the written law but Ius signifieth equitie so that Ius permaneat sempèr nec vnquam mutetur Lex verò scripta saepiùs Notwithstanding these two words are vsed promiscuously one for the other therefore leaving all curious differences between those words whether the Romane lawes were truely Iura or Leges thus much wee may obserue that the laws vsed among them were of three sorts either they were such as were made by severall Romane kings and afterward collected digested into a method by Papirius from whom it was called Ius PapirianuÌ„ or they were such as the Decemviri brought froÌ„ Athens and were called Leges 12 tabularum or lastly they were such as the Consuls the Tribuni Plebis such Magistrates did preferre whence every severall law bore the name of him or them that preferred it My purpose is to explaine only this latter sort and that not all of them but such alone as I haue obserued in Tully and that chiefly in his orations My proceeding shall bee first to shew the divers kindes of iudgements and then to descend vnto the lawes theÌ„selues beginning with those which shall concerne the Romane religion and then proceeding to the others which concerne the common wealth CHAP. 2. De Iure publico privato THe Cases to be decided by the law were either publike or private accordingly were the iudgemeÌ„ts Velprivata in quibus ius suum privatus quisque persequebatur vel publica in quibus iniuria quae reip facta erat vindicabatur The private as we observed before beloÌ„ged vnto the Praetori vrbano peregrino .i. the L. chiefe Iustices who did either giue iudgement themselues and then were they said Iudicare or they did appoint others to sit in iudgement and then were they said Iudicium dare Yea in their absence there were ten called Decemviri Stlitibus iudicandis .i. Super lites iudicandas who in the same manner as the Praetor might either giue iudgement theÌ„selues or appoint others for they were even in one place and in steed of Praetors Those which either the Praetor or the Decemviri did appoint to debate the cases vnder them were taken out of the Centumviri .i. out of certaine Commissioners chosen for that purpose namely three out of every Tribe or warde so that in all the number of them amouÌ„ted vnto an hundred and fiue but in round reckoning they went for an hundred and from a certaine speare that was wont to be erected vp in token of this court hence was the Court called either Praetoria Decemviralis or Centumviralis hasta In some cases their forme of acquittance was thus secundum illum litem do whence Tully saith Quo minùs secundum eos lis detur non recusamus .i. wee doe not deny but they may be acquitted Those that were cast in their suit were said Lite vel causâ cadere The publique Cases belonged ordinarily except the Consuls the Senate or the people did interpose their authoritie vnto those whoÌ„ we called Praetores Quaesitores Some haue thought them to be the same with those whom Rosinus calleth Iudices Quaestionum and that I thinke not altogether vpon vnsure grounds first because most of these publique cases which they tearmed Quaestiones had their severall Praetors to enquire them whence they were called Quaesitores may in my opinion be called Iudices QuaestionuÌ„ especially seeing that those which would haue them bee different officers cannot well shew the difference of their offices Now as the Vrbane Praetor had an hundred coÌ„missioners vnder him so had these Praetores Quaesitores certaine Iudges chosen by the Vrban or forreigne Praetor when he tooke his oath and that not according to his pleasure as many as hee would or whom he would but sometimes more somtimes fewer sometimes only out of the Senators sometimes only out of the order of Romane Gentlemen sometimes out of both sometimes also out of other orders according as the law appointed which ofteÌ„ times varied in those points The Iudges how great soever the number was were called Iudices selecti and were divided into severall companies called Decuriae These iudges were vpon any citation froÌ„ any of the Praetors to giue their assistance in the Court vpon the day appointed by the Praetor Now the manner how they did proceed in their iudgement followeth in the exposition of one of the lawes and therefore I will referre the reader thither Only let him by the way vnderstand that whereas Tully is quoted in every law it is not so much for the proofe of the law as to signifie that he in that place maketh mention thereof For the proofe of the lawes I referre the Reader to Rosinus and Sigonius touching the expositions my marginall quotations doe proue sufficiently CHAP. 3. De Legibus religionem spectantibus Lex Papiria L. Papirius Trib. Pleb established a law touching the consecration or hallowing of places that it should be vnlawfull for any to consecrate either houses grounds altars or any other things Iniussu plebis .i. without the determination of the Roman people in their assemblies called Comitia Tributa which determination was alwaies tearmed Plebiscitum Roscia Lex L. Roscius Otho Trib. Pleb preferred a law that whereas heretofore the Romane Gentlemen did stand promiscuously with the Commons at their theatrall shewes now there should bee fourteene benches or seats built for those Romane Gentlemen which were worth H-S quadringenta .i. about 3000â— of our English mony As for other GentlemeÌ„ whose substance was vnder that rate they had a certaine place allotted them by themselues with a punishment imposed vpon them if they offered to come into any of those 14. benches Here we must note that this character H-S standeth for a silver coine in Rome called Sestertius and is by Rosinus in this place improperly vsed for Sestertium For this character H-S is by our Printers false printed the true character being LL-S signifying duas Libras as the the two LL doe intimate and Semissem which is intimated by the letter S. Where if Libra doth signify no more then the Romane coyne called AS then is this opinion touching the character LL-S easie to be confirmed For divers authors rendring a reason of the name Sestertius say it was so called quasi Semitertius .i. such a coyne as conteineth Duos solidos asses semissem This Sestertius was such a common coyne among the Romanes that Nummus and Sestertius became at length one to be vsed for the other Mille huiusmodi sesâ—ertij vel nummi faciunt vnum
lex de trinundino Iunius Silanus and L. Licinius Muraena being Consuls established that law of Coecilius and Didius annexing a more severe punishment for the breakers thereof Clodia lex de intercessione P. Clodius Trib. Pl. made a law that the Trib. Pl. should haue full autority and power to propose lawes neither should they be hindred by the Intercession .i. gainsaying of any Licinia Aebutia lex Licinius and Aebutius being Tribuni Pl. ordained that if any preferred a law touching the oversight the charge or cure of any businesse in hand neither he nor any fellow officer with him nor any allyed vnto him should haue this oversight or charge committed to him CHAP. 9. De Provincijs Sempronia de provincijs C. Sempronius Gracchus Trib. Pl. ordained that the Senate every yeare before the election of their Consuls should as it seemed best to them appoint out what Provinces the Consuls now to be elected should after the expiration of their office go vnto for which provinces afterward the Consuls designed should cast lots Another clause to this law was that whereas in former times by a decree from the Senate it was lawfull for the Tribunes to hinder the Romane assemblies heÌ„ceforward they should haue no autority Cornelia de Provincijs L. Cornelius Sylla being Dictator preferred a law that whosoever went into a Province cum imperio tam diu illud imperium retineret quoad in vrbem reversus esset whereas in former times his rule and governement was to be resigned at the expiration of a set time appointed yea although no successor were sent it could he not continue there cum imperio without a new commission A clause added vnto this law was that after the comming of any new President or governour into the Province the old Provinciall President should depart within thirty daies Esse cum imperio .i. Exercitui praeesse vel haebere ius administrandi suis auspicijs gerendi belli Titia lex de Provincijs Titius or as some say Decius preferred a law that the Provinciall Treasurers called Quaestores should cast lots for their Provinces whence Tully in the oration now quoted inferreth that although Ostia being the better Province fell vpon Servius Sulpitius yet in as much as it fell lege Titia .i. by casting lots he could not therefore challenge anie superiority aboue L. Muraena Sed vtriusque nomen consedit in Quaestura .i. their same and renowne was equall in their Quaestorship Iulia lex de provincijs C. Iulius Caesar established two lawes touching the Romane Provinces one that no Praetour should governe a Province aboue twelue monthes nor ProcoÌ„sull aboue two yeare The severall heads or clauses of his second law could not all be found out but those which haue come to light are these First that Achaia Thessalia and all Graecia should be free neither should any Romane Magistrate sit in iudgment in those Provinces Cic. pro domo Secondly that the Provinciall governours and their Comites .i. assistants or attendants should haue hay and all other necessaries provided theÌ„ on the way by those townes villages through which they passed Cic. in Pison Thirdly that the Provinciall Magistrates at their departure should leaue a book of their accounts in two cities of their province and likewise shoulde sende a coppy of their accounts vnto the Romane Treasure-house Cic. in Pison Fourthly that it should neither be lawfull for the people to bestow nor for the Provinciall Magistrate to receiue Aurum eoronarium vnlesse it were in a triumph Cic. in Pison Lastly that it should bee vnlawful for the Provincial Magistrate without the allowance of the people or the Senate to depart out of their province to lead forth any army to wage warre or to go into any forreigne country Cic. in Pison Aurum coron There was a custome amongst the Romanes in times of victory to present vnto the L. Generall Coronets of gold insteede whereof the after-ages presented a certaine summe of mony which was thence called Aurum coronarium Vatinia de Provincijs P. Vatinius Trib. Pl. procured a law that C. Iulius Caesar should haue the government of Gallia Cisalpina and Illâ—ricum for fiue years space without any decree from the Senate or casting lots Secondly that they also should goe as Legates or L. Deputies vnto Caesar without any decree from the Senat whosoever were nominated in that law Thirdly that Caesar should receiue mony out of the common Treasure-house towards having an army Lastly that he should transplant a Colony vnto a certaine towne of Cisalpina Gallia called Novocomum Clodia de Provincijs P. Clodius being Trib. Pleb procured a law that the governement of Syria Babylon and Persia should be committed to Gabinius The governement of Macedonia Achaia Thessalia Graeciâ— and al Boeotia should bee committed vnto Piso and they should receaue together with an army mony out of the common Treasury towards their iourny Clodia altera de Cypro P. Clodius preferred another law that the Iland Cyprus should be made a Province That Pâ—olemaeus the king of Cyprus sitting in his purple with his scepter and other his princely ornaments Praeconi publico subiiceretur cum bonis omnibus publicaretur .i. should himselfe with all his goods be sold by a common cryer That M. Cato being then Treasurer cum iure Praetorio adiecto etiam Quaestore hauing by commission the office of a L. chiefe Iustice and another Treasurer to accompany him should bee sent into the Iland Cyprus both to make sale of the kings goods estate and also to bring backe the mony Lastly it was decreed by this law that those who lived in exilement at Byzantium being condemned for some capitall crime should be brought backe vnto that citie vnder the name of Romanes Praeconi publico subijceretur For the better vnderstanding of that phrase wee are to vnderstand the manner of portsale amongst the Romanes which wee may read in Sigonius thus Those things were rightly sold in portsale which were publikely sold Per praeconem sub hastu .i. by the cryer vnder a speare sticked vp for that purpose and some Magistrate making good the sale by delivery of the goods Whence I take Publico praeconi subijci Hastae subijci to signifie one and the selfesame thing namely to be set at sale and Cicero vseth almost the selfe same phrase Bona Cn. Pompeij voci acerbissima subiecta praeconis This kind of sale was tearmed Auctio because as Sigonius saith in the same place to him the goods were sold Qui plurimum rem augeret .i. which would bid most for it hence is the seller thereof tearmed Auctor as Cic. Id quod à malo auctore emissent .i. that which they had bought of one which had no authoritie to sell from this custome of setting vp a speare in this kind of sale this word Hasta alone is vsed to signify portsale as Hasta Caesaris
they did subscribe vnto the accusation Lex Servilia Sempronia Whereas Sempronius had preferred a law whereby he tooke away the autority of sitting in iudgement from the Senatours and appropriated it to the Romane Gentlemen Q. Servilius Caepio being Consul did afterwarde preferre another law whereby the administration of iudgement was divided betweene the Senatours and the Gentlemen Rupilia lex Rupilia lex vetabat diebus triginta sortiri dicam Here we must note with Sigonius that this law was of force onlie in the province of Sicilia also that it is one thing scribere dicam .i. to enter an actioÌ„ another sortiri dicam .i. by lots to choose the Iudges which was 30. daies after Livia lex Though by vertue of Servilius his law the Senators were made capeable of the office of a Iudge yet they were not thereby equally capeable with the Romane Gentlemen therefore did M. Livius Drusus ordeine that the Iudges should be elected equally out of both orders namely three hundred out of the Senat and three hundred out of the Gentry Plautia lex M. Plautius Sylvanus preferred a law that the number of Iudges should bee chosen not onely out of the Romane Senators and Gentlemen but out of the populacy also namely out of every Tribe fifteene Iudges Aurelia lex L. Aurelius Cotta being Praetor made a law that the Iudges should be chosen out of the Senators the Gentlemen and those Martiall Treasurers or Clearks of the band called Tribuni aerarij Pompeia lex Cn. Pompeius Magnus being Consul ordained that the Iudges should bee elected out of the wealthiest Centuries tying the election notwithstanding to those three degrees of people namely Senatours Gentlemen Martiall Treasurers also he added that the number of Iudges to examine causes should be seaventy and fiue Iulia lex C. Iulius Caesar ordained that the election of Iudges should be out of the Senators and Gentlemen onely leaving out the Martiall Treasurers and this Tully calleth legeÌ„ Iudiciariam Caesaris Antonia lex M. Antonius tulit legem vt tertia iudicum decuria è Centurionibus Antesignanis Alaudis Manipularibus fieret Iudicum decuriae When the L. chiefe Iustice had taken his oath he chose out some ex certis ordinibus non ex omni populo .i. out of such degree and place as the law required to sit in iudgement in the triall of those cases which were tearmed causae publicae and these Iudges he afterward divided into lesser numbers called Decuriae vid. Sigon de iure Rom. lib. 2. cap. 18. E Centurionibus Centuriones were captaines over an hundred footmen Antesignanis This word Antesignanus hath a double acception in the Romane histories Sometimes Antesignani do signifie the third part of the Romane army For all those souldiers that fought before the banners or ensignes as they were called Hastati in respect of their weapoÌ„ so were they called Antesignani in respect of their ensignes before which they fought The second part of the army as they were called Principes in respect of their prowesse and valour so were they called Subsignani as fighting vnder the ensignes The third part as they were called Triarij because they fought in the third or rereward so were they called Postsignani as fighting behinde the ensignes Where we must not think that those which were called Antesignani Subsignani were altogither destitute of ensigns amoÌ„g themselues for every Maniple had his ensigne But the Eagle and other chiefe ensignes were caryed by the Subsignani and in respect had to them they had their names And hence ariseth the second acceptioÌ„ of this word namely that all those souldiers of every Maniple which stood in front before their ensigne were called Antesignani those were commonly the best souldiers in the company See the severall proofes of this Lips Milit. Rom. lib. 4. dial 3. Alaudis Iul. Caesar pressed a legion of souldiers out of Gallia Transalpina all which afterwarde he made free of Rome This legion he called Legionem Alaudarum froÌ„ the forme of their helmets which did resemble the head of the Larke called in french Alauda Barthol Latomus in Philip 1. Manipularibus Those captaines which governed a Maniple of souldiers were called Manipulares Fr. Maturantius in Phil. 1. Cornelia lex L. Cornelius Sylla preferred a law that the chiefe iudge of the bench called Iudex quaestionis should referre it vnto the choice of the defendant whether he would haue iudgment passed on him Clam an Palam .i. as Sylvius observeth either by voices or by tables Memnonia lex This law made by Memnius provided that no action should be entred against those who were imploied abroad in businesses for the common wealth An addition vnto this law was that whosoever should calumniari .i. forge an accusation against another a certaine letter should bee burnt in his forehead in token of infamy This law is sometimes called Lex Rhemnia Here we may with Fr. Sylvius obserue the difference of these three phrases Calumniari Praevaricari and Tergiversari He which doth in his accusation forge faults never committed is said Calumniari He which vndertaketh ones suit and either will not vrge reasons in the behalfe of his client or answer the obiections of his adversarie when he is able is said Praevaricari .i. to play the false Proctour He which doth desist in his accusation and let his suit fal is said Tergiversari Lex incerta de Nexu In ijs rebus quae mancipi sunt is periculum iudicij praestare debet qui se nexu obligavit .i. If the buyer of any thing in that forme of sale called Nexus be troubled in law the seller thereof must secure him and saue him harmelesse Mancipi sunt Those things were tearmed res Mancipi which were alienated from the seller Nexu .i. by such a forme of sale as followeth The forme was thus At the least fiue witnesses all Romane citizens and of full age besides one called Libri-pens from holding of a paire of ballaÌ„ces should be present and the chapman or buyer should come with a certaine brasse coyne in his hand and say for example sake if it were a bondslaue to be sold Hunc ego hominem ex iure Quiritium meum esse aio iâ—que mihi emptus est hoc aere and forthwith striking the ballance with the brasse coyne he gaue it to him that made the sale This kinde of chaffering was tearmed Nexus as we may suppose a necteÌ„do because it did bind the seller to make good the sale sometimes it is called Per aes libram venditio because of the ceremonies vsed in it Now it is commonly called Mancipatio à manus capione from taking that which is sold into ones hands or possession whence the word Mancipatus and Mancipium are vsed to signifie a bondslaue that is in this maner solde though sometimes Mancipium doth signifie the sale it selfe whence